O Quinn Depo

Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 1 of 207

Page 1
IN THE UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

HOWARD K. STERN,

Plaintiff,

CIVIL ACTION FILE

vs. NO. 07-60534

JOHN O'QUINN,

Defendant.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~

VIDEOTAPED DEPOSITION OF

JOHN O'QUINN

August 16, 2007

9:10 A.M.

2300 Lyric Centre Building

440 Louisiana

Houston, Texas

Lee Ann Barnes, CCR, RPR


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1 APPEARANCES OF COUNSEL

2

3 On behalf of the Plaintiff:

4 LIN L. WOOD, ESQUIRE

5 LUKE LANTTA, ESQUIRE

6 Powell Goldstein, LLP

7 One Atlantic Center

8 Fourteenth Floor

9 1201 West Peachtree Street, NW

10 Atlanta, Georgia 30309-3488

11 404-572-6982

12 404-572-6999 (facsimile)

13 llwood@pogolaw.com

14

15 M. KRISTA BARTH, ATTORNEY AT LAW

16 Law Offices of Eric M. Sauerberg, P.A.

17 200 Village Square Crossing

18 Suite 102

19 Palm Beach Gardens, Florida 33410

20 561-776-0330

21 561-776-0302 (facsimile)

22 krista@emsattorneys.com

23

24

25


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1 APPEARANCES (Continued)

2

3 On behalf of the Defendant:

4 ROBERT M. KLEIN, ESQUIRE

5 Stephens Lynn Klein LaCava

6 Hoffman & Puya, P.A.

7 Two Datran Center - Ph II

8 9130 South Dadeland Boulevard

9 Miami, Florida 33156

10 305-670-3700

11 305-670-8592 (facsimile)

12 klein@stephenslynn.com

13

14 NEIL C. McCABE, ESQUIRE

15 The O'Quinn Law Firm

16 2300 Lyric Centre Building

17 440 Louisiana

18 Houston, Texas

19 713-223-1000

20 713-222-6903 (facsimile)

21

22

23 Also Present: Keith Neal, Videographer

24

25


Page 4
1 Videotaped Deposition of John O'Quinn

2 August 16, 2007

3

4 VIDEOGRAPHER: The time is

5 approximately 9:10. We're on the video

6 record. Today's date is August 16, 2007.

7 This deposition is taking place in the

8 offices of The O'Quinn Law Firm, 440

9 Louisiana, Houston, Texas 77002. Today's

10 deponent will be John O'Quinn.

11 Would counsel please identify

12 themselves for the video record, starting

13 with Mr. Wood.

14 MR. WOOD: Lin Wood representing the

15 plaintiff, Howard K. Stern.

16 MR. LANTTA: Luke Lantta

17 representing the plaintiff, Howard K.

18 Stern.

19 MS. BARTH: M. Krista Barth,

20 representing the plaintiff, Howard K.

21 Stern.

22 MR. KLEIN: Rob Klein, Stephens,

23 Lynn, Klein, et al., Miami, Florida

24 representing the defendant, John O'Quinn.

25 SKWRAO: Neil McCabe from The


Page 5
1 O'Quinn Law Firm representing

2 Mr. O'Quinn.

3 VIDEOGRAPHER: Thank you very much.

4 The court reporter will now swear in the

5 witness.

6 (Whereupon, the witness was sworn.)

7 (Plaintiff's Exhibit-1 was marked

8 for identification.)

9 MR. WOOD: This will be the

10 deposition of John O'Quinn, defendant and

11 opposite party. The deposition is taken

12 pursuant to agreement and notice as

13 amended which I am attaching for the

14 record as Exhibit No. 1.

15 The deposition is taken for all

16 permissible purposes under the Federal

17 Rules of Civil Procedure. All

18 formalities surrounding the taking of the

19 deposition will be waived. All

20 objections except as to the form of the

21 question or the responsiveness of the

22 answer will be reserved until the time of

23 trial, hearing, or the formal use of the

24 deposition.

25 Are those stipulations agreeable for


Page 6
1 counsel for the defendant?

2 MR. KLEIN: They are.

3 MR. WOOD: And we would like for

4 Mr. O'Quinn to read and sign and would

5 agree that that can be undertaken before

6 any notary public subject to the

7 reporter's transmittal procedures.

8 MR. KLEIN: That's fine.

9 MR. WOOD: Good to go?

10 MR. KLEIN: Good to go.

11 JOHN O'QUINN, having been first duly

12 sworn, was examined and testified as follows:

13

14 EXAMINATION

15 BY-MR.WOOD:

16 Q. Would you state your full name for

17 the record, please.

18 A. John O'Quinn.

19 Q. And what is your present residence

20 address, Mr. O'Quinn?

21 A. 19 Shadder Way, Houston, Texas.

22 Q. How long have you resided at that

23 address?

24 A. Approximately six years.

25 Q. And you practiced law here in


Page 7
1 Houston?

2 A. True.

3 Q. The O'Quinn Law Firm, is that the

4 name of the firm?

5 A. Correct.

6 Q. How long have you practiced law The

7 O'Quinn Law Firm?

8 A. Or some version of that name?

9 Q. I want to try to get that -- that

10 name first.

11 A. That's about two years.

12 Q. And how is that set up? Is it a

13 partnership, is it a limited liability

14 partnership, or you tell me.

15 A. It's limited liability partnership

16 or company. I can't recall the details.

17 Q. Are you a partner in the firm?

18 A. Probably I'm designated as a member

19 of the LLC or a partner of the LLP.

20 Q. Does the firm have a managing member

21 or managing partner?

22 A. No.

23 Q. Are you the person that basically

24 fits that role on a day-in-day-out basis?

25 A. Well, ultimately I -- I have that


Page 8
1 role. I try to divide up responsibility for

2 management with other people so that I don't

3 have to -- I like to try lawsuits -- so I

4 don't have to spend my entire day handling

5 management issues.

6 Q. Does the authority, though, at the

7 end of the day, does the buck stop with John

8 O'Quinn?

9 A. Correct.

10 Q. And what was the name of the firm

11 prior to the change two years ago?

12 A. O'Quinn, Laminack & Pirtle.

13 Q. And they -- they're down on 12 now,

14 I guess?

15 A. That's correct.

16 Q. Okay. How many lawyers do you have

17 in your firm at the present time, Mr. O'Quinn?

18 A. Approximately 25.

19 Q. How did you come to be engaged to

20 represent Vergie Arthur?

21 A. She hired me.

22 Q. Can you tell me the circumstances

23 around that in terms of how she contacted you,

24 where you were?

25 A. Vergie is a Texan. Her son is in


Page 9
1 the FBI. I knew -- I knew neither of them

2 before the matter in question. Somebody in

3 the FBI gave my name to the son as being a

4 very good lawyer and he made arrangements

5 whereby she could come see me.

6 Q. What was the son's name?

7 A. You know, I don't have that by my

8 mental fingertips right now.

9 Q. Was he a Texan too?

10 A. Oh, yeah.

11 Q. And what was the scope of your

12 engagement for or with Vergie Arthur?

13 A. To help Vergie get the right to bury

14 her own daughter.

15 Q. Anything else?

16 A. To help her have the right to raise

17 her granddaughter.

18 Q. Other than to help her have the

19 right to bury her daughter and to help her

20 have the right to raise her granddaughter, did

21 the scope of your engagement with Ms. Arthur

22 include anything else?

23 A. No, sir.

24 Q. You were not engaged by her to

25 facilitate or arrange or negotiate any type of


Page 10
1 media contacts, book deals, things of that

2 nature?

3 A. No, sir.

4 Q. And did you undertake to do so at

5 any time?

6 A. No, sir.

7 Q. What did you understand, in your

8 mind's eye, when she hired you you were going

9 to have to do?

10 A. I wasn't quite sure.

11 Q. Do you know whether the petition had

12 been filed at that time down in Broward County

13 with respect to the issue of custody of Anna

14 Nicole Smith's body in order to bury her?

15 A. Yes. My understanding was the

16 petition was already filed by other lawyers.

17 Q. And did you expect, then, when you

18 undertook to represent Ms. Arthur, that you

19 would be advocating for her and litigating for

20 her in the state of Florida?

21 A. I didn't know. She already had a

22 Florida lawyer.

23 Q. When did you find out?

24 A. Which subject? That she had a

25 Florida lawyer?


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1 Q. No. When did you find out you were

2 going to be litigating for or advocating for

3 her in the state of Florida?

4 A. After talking to her and the Florida

5 lawyer, they asked that I come over there and

6 assist them to the extent I could.

7 MR. KLEIN: John, let me just

8 caution you. You have to be a little bit

9 careful about your communications with

10 Vergie --

11 MR. WOOD: Oh, yeah.

12 MR. KLEIN: -- because we cannot

13 waive privilege. That's her decision.

14 THE WITNESS: I'll be more careful.

15 Thank you.

16 Q. (By Mr. Wood) Who was the Florida

17 lawyer?

18 A. Steve somebody.

19 MR. KLEIN: Tunstall.

20 THE WITNESS: Huh?


22 THE WITNESS: Tunstall. I always

23 have trouble remembering how to say his

24 last name. Tunstall.

25 Q. (By Mr. Wood) I struggled with it


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1 for a while myself. Don't feel bad.

2 A. Thank you.

3 Q. Where did you first go -- did you

4 have a meeting -- you said you went over to

5 meet with Mr. Tunstall?

6 A. Yes. I went to Florida.

7 Q. All right. Where in Florida?

8 A. Fort Lauderdale.

9 Q. Did you have a written contract or a

10 written engagement letter with Vergie Arthur?

11 A. I don't know.

12 Q. Would it be your normal practice to

13 have a written engagement contract or letter?

14 A. At that point, it wouldn't be a

15 usual practice.

16 Q. I'm sorry. It would be what?

17 A. At that point it would not be a

18 usual practice because I was not being hired

19 to file a lawsuit. I was -- I was being asked

20 to help her, if I could. You know, if an FBI

21 agent asked you to do him a favor, I don't

22 know about your part of the country, but you

23 try do them a favor.

24 Q. Well, I represented Richard Jewel.

25 We're a little bit leery of FBI agents. I'm


Page 13
1 not sure it applies to us in Georgia, at least

2 not to me and my client.

3 MR. KLEIN: That's a little

4 different perspective.

5 MR. WOOD: That's a little different

6 perspective, to say the least.

7 THE WITNESS: So I didn't come in

8 this thing to make money. I tried to

9 help this agent and his mother. In a

10 matter, it was very personal and there

11 wasn't going to be any money made off of

12 who got that body, not by me.

13 Q. (By Mr. Wood) So I take it what

14 you're telling me is that you handled this

15 matter for Vergie Arthur on what you would

16 call a pro bono basis?

17 A. Yes.

18 Q. And have not received any type of

19 fee from her or anyone on her behalf?

20 A. Correct.

21 Q. And have no expectation of doing so

22 in the future?

23 A. Correct.

24 Q. So when you went to Florida and

25 stayed there for a number of days, going there


Page 14
1 you knew you were going to be on your dime,

2 not hers; right?

3 A. Yes, sir.

4 Q. So whatever money you spent down in

5 Florida from an expense standpoint to stay

6 there during the hearing and -- did you go

7 back for the appellate argument?

8 A. I did.

9 Q. So to go down for the hearing which

10 lasted several days?

11 A. Correct.

12 Q. And then for the appellate argument,

13 you knew before you left Texas and went to

14 Florida that you were going to be on your

15 dime, spending your personal funds, while you

16 were there trying to advocate or litigate or,

17 as you say, help her out?

18 A. Correct.

19 Q. Do you have any idea how much you

20 incurred in terms of your expenses in the

21 state of Florida?

22 A. Hundreds of thousands.

23 Q. For the time period that you were

24 there for the hearing and the appellate

25 argument?


Page 15
1 A. You know, I think I've lumped

2 together the Bahamas and Florida. I don't

3 really know how that divides out.

4 Q. Give me the total amount, your best

5 estimate -- when you say hundreds of

6 thousands, I understand you lump them

7 together, the Bahamas and Florida, give me

8 your best estimate as to the total amount of

9 money that you spent out of your pocket, John

10 O'Quinn's pocket, with respect to those two

11 trips or those two locations?

12 A. Okay. I believe it was about

13 400,000.

14 Q. $400,000. And you're not able to,

15 as you sit here today, give us any type of

16 reasonable estimate as to how much of that

17 $400,000 would have been incurred in the state

18 of Florida versus in the Bahamas?

19 A. Total guess. I'd have to go look at

20 a bunch of records to try to figure that out.

21 Q. Give me your best guess, if you

22 don't mind.

23 A. I hate to guess.

24 Q. As long as we know you're guessing,

25 then nobody's going to say that you were being


Page 16
1 precise.

2 A. It would be a wild guess. I just

3 hate to do that.

4 Q. Well, how long were you in the

5 Bahamas?

6 A. Off and on over a span of -- of a

7 couple of weeks, I think, and I wasn't there

8 day by day by day. So I think it was over a

9 span of a couple of weeks, a number of trips.

10 There were some court hearings, things of that

11 nature.

12 Q. Well, how would that compare to the

13 amount of time you spent in Florida for

14 Ms. Arthur?

15 A. My guess?

16 Q. Best guess.

17 A. Probably more time in the Bahamas

18 than in Florida.

19 Q. How -- did you make -- how many

20 trips to Florida did you make during the

21 course of the hearing before the Judge

22 Sandlin -- did I get that right?

23 MS. BARTH: Seidlin.

24 MR. KLEIN: Seidlin.

25 Q. (By Mr. Wood) Seidlin. The crying


Page 17
1 judge. We all know who we're talking about.

2 A. Seidlin. Yes, sir.

3 Q. How many trips did you make, if more

4 than one, to be present at that hearing before

5 Judge Seidlin?

6 A. I think it was two.

7 Q. You think you came home at the end

8 of the week over the weekend and then went

9 back?

10 A. I think so.

11 Q. Did you travel commercial?

12 A. No.

13 Q. You have your own private aircraft?

14 A. Yes.

15 Q. And I know you stayed at Pier 66; is

16 that right?

17 A. I can't remember the name of the

18 hotel. It was in Fort Lauderdale.

19 Q. Was it the same hotel on both trips?

20 A. Yes.

21 Q. And then how about when you came

22 back for the appellate argument, did you stay

23 overnight?

24 A. Yes, I believe so.

25 Q. Same hotel?


Page 18
1 A. No, we were in Coral Gables or West

2 Palm Beach or some other -- that's where the

3 appellate court is.

4 MR. KLEIN: West Palm Beach.

5 THE WITNESS: So West Palm Beach.

6 Q. (By Mr. Wood) Where did you stay

7 there?

8 A. Again, I don't recall the hotel

9 there.

10 Q. Do you have -- do you keep your

11 receipts in order to document your expenses so

12 that if you ask someone in your office to go

13 back and pull the expenses for the Florida and

14 Bahama trips, you could do so?

15 A. That's the normal practice, and I

16 would expect those papers to be in the

17 accounting department.

18 Q. And who would be the person -- if I

19 asked you it tell me who I should talk to in

20 the accounting department that could give me

21 the information about your expenses and the

22 details regarding your expenses, who would you

23 tell me to talk to?

24 A. Mrs. Shelly Kinkle.

25 Q. How long has Ms. Kinkle worked with


Page 19
1 you?

2 A. Over 10 years. Between 10 and 15,

3 as I recall.

4 Q. Describe for me, if you would,

5 Mr. O'Quinn, exactly what you did for

6 Ms. Arthur in Florida in your efforts to

7 advocate for her and to lend her legal

8 assistance with respect to the burial of her

9 daughter and some role in seeing or raising

10 her granddaughter?

11 MR. KLEIN: John, just be mindful of

12 your privilege concerns, please.

13 THE WITNESS: Thanks for reminding

14 me of that.

15 Q. (By Mr. Wood) Yeah. And it's not

16 my place to remind you of it, but I'm not

17 looking for you to tell me something that you

18 contend violates attorney-client privilege.

19 I'm looking to find out exactly what

20 you can describe and what you recall as to

21 what you did for her while you were in the

22 state of Florida.

23 MR. KLEIN: John, the only reason we

24 even bring it up is lawyers have a bad

25 habit of lapsing into discussions with


Page 20
1 clients.

2 THE WITNESS: You're entirely

3 correct. I'm sitting here having, in

4 fact, a conversation.

5 Q. (By Mr. Wood) That's what I want to

6 do.

7 A. I'm not stopping to say wait a

8 second. So let me go a little slower to be

9 sure I don't violate my responsibilities under

10 the attorney-client privilege rule.

11 Well, I went to the court

12 proceedings. I participated in the court

13 proceedings with Mr. Tunstall, questioned

14 certain witnesses, made some arguments.

15 Things of that nature.

16 Q. Well, when you say, "things of that

17 nature," I'd like for you to be precise for

18 me. Give me your best description of your

19 activities in Florida for Ms. Arthur.

20 I understand you went to the court

21 proceedings before Judge Seidlin. You say

22 generally you participated in them in terms of

23 questioning witnesses and making some

24 arguments. What else did you do in the state

25 of Florida with respect to your efforts to


Page 21
1 assist Ms. Arthur?

2 A. I think that's about it.

3 Q. That's all?

4 A. I think that's about it.

5 Q. Did you ever --

6 A. Wait a second. You know, when the

7 case was appealed, I talked to Mr. Klein and

8 his -- and his partner about handling the

9 appeal and made the financial arrangements for

10 them to do that. That's part of the money.

11 Q. That's part of the $400,000?

12 A. Yeah. And I did that.

13 Q. All right. Let me make sure if I've

14 got it all.

15 In terms of your activities in the

16 state of Florida on behalf of Ms. Arthur, you

17 physically attended the court proceedings

18 before Judge Seidlin --

19 A. Uh-huh (affirmative).

20 Q. -- and participated in those

21 proceedings in court in terms of questioning

22 certain witnesses and making certain arguments

23 to the Court, and you also spoke to Mr. Klein

24 and his partner and made the arrangements for

25 his firm to handle Vergie Arthur's appeal,


Page 22
1 including making the payment to his firm from

2 your own personal funds for the fee; is that

3 right?

4 A. Correct.

5 Q. Anything else, other than what we've

6 just gone over, that you did in Florida for

7 Vergie Arthur in your efforts to represent her

8 and assist her?

9 A. I tried to handle as much as

10 possible responding to the media, rather than

11 her having to do it.

12 Q. Anything else now? I want to make

13 sure we got it all.

14 A. I'm sure there's bound to have been

15 something else, but that's in the main what I

16 recall.

17 Q. Well, what makes you think that

18 there's bound to be something else?

19 A. There's a lot of activities going on

20 and I'm trying to remember back several months

21 and, I mean, I don't know whether you're

22 asking things like, okay, it's time go from

23 the hotel to the -- to the courthouse and I

24 would make arrangements for ground

25 transportation, you know, or whether you're


Page 23
1 going that far.

2 Q. I want to be as detailed as you can

3 be, sir.

4 A. Well, that would be true.

5 Q. In terms of making arrangements for

6 ground transportation for you and Ms. Arthur?

7 A. Yeah, right. Make sure she got

8 there. Make sure -- help her as best I could

9 to help her get through this -- really it was

10 crazy. I don't know if you know what I'm

11 trying to say. Once you got within 50 feet of

12 the front door of the courthouse -- she

13 recalls -- it was literally crazy, primarily

14 because of the media. You had to actually

15 fight to get into the front door. I don't

16 mean you had -- I'm not talking about hitting

17 somebody with your fists, but you had to

18 really struggle to get through this mass of

19 reporters and other people, primarily

20 reporters, just to get in the front door of

21 the courthouse. They were blocking your way.

22 You could be nice to them, whatever

23 you want to do. I want a comment, I want a

24 comment, I want this, I want that. You can

25 say, you know, "I gotta be in court, please


Page 24
1 let me go, let me get through this crowd."

2 Sometimes she and I would lock arms, and I'd

3 just say, "Follow me," and I would somehow

4 make a path for us or whoever was with me

5 helping me, like Mr. Tunstall. And then

6 Mr. Tunstall and I would join arms. Vergie

7 would maybe hold on to our belts, or whatever,

8 just to get into the courthouse and then try

9 to find some court personnel like a deputy

10 sheriff-type person, who were very nice about

11 everything, I want to say that about the

12 staff. They were very nice and they knew the

13 situation. And we'd say, "How can we get from

14 the front door, sir, or ma'am, can you help us

15 to the judge's courtroom?"

16 And that was a struggle. Even

17 though we were now being guided and led by

18 members of law enforcement and -- but they'd

19 get us there. You know, they'd get us on an

20 elevator and get us there and once you got off

21 on the floor where the court was, there would

22 be another mass of people, reporters, wanting

23 us to not go in the courtroom but instead stay

24 out in the hall and talk to them. So it was a

25 struggle even to get into the courtroom.


Page 25
1 Now, I didn't go over there to do

2 that, but it turned out that I needed to do

3 that once I assessed the situation, and I did.

4 If that's a service, then that's a service.

5 Q. Well, when you say you "didn't go

6 over there to do that" --

7 A. I didn't know I was going to have

8 trouble getting --

9 Q. Let me finish. That's what I want

10 to find out.

11 Are you telling me the service that

12 you didn't go over there to do but that you

13 did was to help her get through the mass of

14 the media to get into the courtroom --

15 A. Right.

16 Q. -- or are you telling me that it was

17 dealing with the media in general for her?

18 A. Well, also in general, too, but I

19 was talking about just trying to get in the

20 courtroom at this point.

21 Q. Well, when did you -- did you take

22 on the role of basically shielding Vergie

23 Arthur from the media's efforts to contact her

24 and interview her?

25 A. Yes.


Page 26
1 Q. Did you tell her that you would do

2 that, you would perform that service for her?

3 A. Yes.

4 Q. And so did you then give the media

5 your contact information while you were in

6 Florida so that the media knew they could call

7 you instead of trying to make efforts to call

8 Vergie Arthur?

9 A. No.

10 Q. How did they get your contact

11 information?

12 A. Well, I just said -- without going

13 into any privilege matters, if the media

14 called Vergie, I trusted she would tell them,

15 "Call Mr. O'Quinn."

16 Q. Well, was that your experience, that

17 she, in effect, followed those instructions

18 and that she --

19 A. Well, I don't want to go into any --

20 Q. Let me finish my question,

21 Mr. O'Quinn. You know I've got to answer --

22 get my question out before you answer.

23 Was that your experience that, in

24 fact, Ms. Arthur, while she was in Florida,

25 did refer media contacts or inquiries directed


Page 27
1 to her to you, her attorney?

2 A. Yes.

3 Q. And about how many inquiries did you

4 have to field or deal with over the course of

5 the time you were there?

6 A. Numerous.

7 Q. More than a hundred?

8 A. There were numerous.

9 Q. And you were there the first week --

10 the hearing started on February 13, I believe.

11 Does that sound right?

12 A. I can't recall the date, but it was

13 February.

14 Q. It went three days the first week

15 and then y'all recessed for a weekend, which I

16 think was President's Day on Monday, and then

17 came back for three more days the second week.

18 Does that sound generally correct to you?

19 A. Generally.

20 Q. Whatever the number of media

21 inquiries were during this time period, while

22 we're talking about your being in Florida

23 dealing with the procedures before Judge

24 Seidlin, do you believe that those contacts or

25 inquiries were made while you were in Florida


Page 28
1 as compared to when you were back in Texas

2 between trips on the weekend?

3 A. I believe it's some of each.

4 Q. Again, how would you expect they got

5 your contact information in Texas from -- I

6 mean, the weekend I assume you were at home.

7 If you were at the office, some of us have to

8 come down to the office on the weekends --

9 A. When I'm in trial or in a court

10 proceeding in another place, Saturday I'll

11 have to come back and catch up. I'd be here a

12 lot on the weekend, frankly.

13 Q. Can you give us a breakdown of the

14 percentage of the media contacts that were

15 made to you while you were in Florida versus

16 while you were in Texas?

17 And I'm talking about the time frame

18 of the Seidlin hearings.

19 A. I can't do that.

20 Q. How many interviews did you give

21 while you were in Florida, written or

22 broadcast interviews?

23 A. I believe two.

24 Q. Two broadcast or print interviews?

25 A. I know one was broadcast. The other


Page 29
1 one was -- I don't recall if it was print or

2 otherwise.

3 Q. The scope of your engagement with

4 Ms. Arthur, to make sure we've closed the door

5 on this, included your participation and

6 attendance at the hearing before Judge

7 Seidlin --

8 A. Right.

9 Q. -- and before the court of appeals

10 for during that argument; true?

11 A. Right, but you understand, I did not

12 make the argument.

13 Q. Oh, no, you paid Mr. Klein or his

14 firm --

15 A. Right.

16 Q. -- but you were there?

17 A. Right.

18 Q. So the scope of your employment or

19 efforts to represent her and help her included

20 helping her with that appeal in Florida?

21 A. Correct.

22 Q. And the proceedings in Florida

23 before Judge Seidlin?

24 A. Correct.

25 Q. And literally, as part of that,


Page 30
1 having to make arrangements to get to and from

2 where you were staying to the courthouse to

3 literally, sometimes physically, have to be

4 involved in trying to get through the media

5 crush to get her into the courtroom?

6 A. Correct.

7 Q. And then you agreed also to respond

8 on her behalf, in effect shield her from media

9 inquiries, to in effect be, to the extent you

10 decided to do an interview, be her

11 spokesperson; is that true?

12 A. Correct.

13 Q. Had you ever been involved, in your

14 practice of -- how many years? How many years

15 have you been practicing law?

16 A. Almost 40.

17 Q. I will never catch you, probably,

18 because you'll probably practice 40 more. I

19 don't think I will. I've got 31 under my

20 belt. Some days it seems like 61.

21 A. Me too.

22 Q. Other days it feels like it's just

23 begun.

24 A. It's like that. Life's like that,

25 isn't it?


Page 31
1 Q. It is, isn't it?

2 A. Yeah.

3 Q. And in your almost 40 years of law

4 practice have you ever been involved in any of

5 your cases, in a -- in a high-profile case

6 that had, what I call and I think would agree

7 with it, a media frenzy to it like you

8 experienced with your respects to help Vergie

9 Arthur?

10 A. No.

11 Q. And I don't mean to downplay the

12 importance or the profile of your other cases,

13 I think the results speak for themselves, but

14 had you ever had any case that you had handled

15 before this representation that you would even

16 begun to say was close in terms of the media

17 attention and media frenzy that you

18 experienced in the Vergie Arthur case?

19 A. No.

20 Q. Had you done any type of advocacy in

21 the -- I call it -- the court of public

22 opinion, had you done any advocacy for clients

23 in other cases where you would make television

24 appearances to do interviews for them or their

25 case or their cause?


Page 32
1 A. On occasion.

2 Q. Give me -- before the Vergie Arthur

3 representation, give me a ballpark figure of

4 how many interviews you would have given. And

5 I'm not limiting you to television or radio.

6 I include in that print interviews.

7 A. 40 years is a long time. I cannot

8 give you any kind of accurate number.

9 Q. Did you feel like you were

10 experienced, though, in dealing with the

11 media?

12 A. Slightly.

13 Q. Slightly experienced?

14 A. Somewhat, but I'm --

15 Q. Slightly experienced sounds like

16 greatly inexperienced. Which one is it?

17 A. I would say I didn't have a lot of

18 experience. I had some.

19 Q. Did you do preinterviews where

20 they'd interview you before?

21 A. I don't even know what that means.

22 Q. Where someone would interview you

23 before you actually went on the air to give

24 the interview.

25 A. I don't believe so.


Page 33
1 Q. How many interviews did you do, not

2 just limiting that to Florida, but I want to

3 get an idea of how many interviews you gave,

4 print or broadcast, as part of your efforts to

5 help Vergie Arthur, advocate for her?

6 A. I think I did two.

7 Q. Start to finish?

8 A. Oh, no.

9 Q. I'm looking for the total number

10 now.

11 A. You're talking about even when

12 things shifted from Florida to the Bahamas?

13 Q. I'm talking about A to Z.

14 A. Yes. You're saying yes?

15 Q. Yes, I am, sorry.

16 A. A dozen.

17 Q. And how many of those were print

18 versus broadcast?

19 A. Guesstimate?

20 Q. Best guesstimate.

21 A. Guesstimate, most were broadcast.

22 Q. Any print?

23 A. Probably -- probably --

24 substantially most were broadcast.

25 Q. Do you recall doing any print


Page 34
1 media -- print interviews?

2 A. Yes.

3 Q. And who do you recall doing those

4 interviews with, the print interviews?

5 A. I just recall that there were a

6 couple that were print. I can't tell you

7 which organization it was.

8 Q. Did you or someone in your office

9 keep any clippings about those interviews?


11 Q. Why not?

12 A. Why?

13 Q. Well, I'm just suggesting that

14 sometimes people do it for their own ego.

15 They like to see their names in print. Other

16 times lawyers want to keep up with it because

17 they want to know what they said so they make

18 sure they say the same thing the next time.

19 There are various reasons to keep them.

20 The question is you say you did not

21 and I take it you didn't make a conscious

22 decision to keep them or not?

23 A. I didn't make a conscious decision

24 to do it.

25 Q. Didn't make a conscious decision to


Page 35
1 keep them or not?

2 A. If my staff kept them, they kept

3 them.

4 Q. You don't know whether they did or

5 not?

6 A. No. I don't sit down every day and

7 read my interviews.

8 Q. You think in any given case you've

9 ever done any more interviews than the dozen

10 that you believe you did in the Vergie Arthur

11 case?

12 A. For a case, no.

13 Q. This would have been the largest

14 case in terms of media interviews?

15 A. Yes.

16 Q. Most television appearances?

17 A. Yes.

18 Q. Before you did your first television

19 interview in connection with representing or

20 helping Vergie Arthur, how long had it been

21 since you had been on television for a client?

22 A. In some other matter?

23 Q. Yes.

24 A. I can't recall.

25 Q. Are you thinking years?


Page 36
1 A. No, I don't believe it had been

2 years.

3 Q. Months?

4 A. I believe that would be more

5 accurate, yeah.

6 Q. So you believe you probably had done

7 an interview in 2006?

8 A. Probably, yeah.

9 Q. Any idea what case that would have

10 been in connection with?

11 A. I know I tried a breast implant case

12 to a verdict in 2006 and I believe there was

13 an interview about that.

14 Q. Local or national?

15 A. Local.

16 Q. You understood how the national

17 television interviews worked, though, as a

18 general proposition, did you not, sir?

19 A. As a general proposition, perhaps.

20 I'm not a technically smart guy about how

21 broadcast works.

22 Q. Well, I don't mean to suggest that

23 you would know the technical aspects of it,

24 but what I do mean to suggest is that I think

25 you would tell me that you are aware that when


Page 37
1 you do an interview with a national network,

2 that you knew that that interview, in some

3 form or fashion, was going to be broadcast on

4 a national basis; true?

5 A. It may be broadcast.

6 Q. Did you have any reason to believe

7 that it would not be?

8 A. I had no reason to believe any way.

9 I know I've given interviews that turned out

10 not being broadcast.

11 Q. Those weren't your good interviews?

12 A. No. It just whoever the news

13 directer was decided they -- you know, news

14 has limited time, not to go with that

15 interview.

16 Q. Did you give any broadcast -- did

17 you participate in any broadcast interviews in

18 connection with the Anna Nicole Smith case?

19 A. Did I do what about them?

20 Q. Did you participate in any broadcast

21 interviews for television in connection with

22 your representation of Vergie Arthur or the

23 Anna Nicole Smith case that were not, in some

24 fashion, broadcast?

25 A. I believe on one occasion, yes.


Page 38
1 Q. Do you know who you gave that

2 interview to?

3 A. I'm not sure, but I believe -- I'm

4 not sure. I recall something -- you know, a

5 lot of these broadcasts are for like 30

6 minutes. They've got a set amount of time.

7 And then they've got more than one story they

8 want to do and then they -- they run out of

9 time.

10 I remember I was supposedly being

11 interviewed on one broadcast, and so I get

12 there at the right time, you know, I'm there

13 miked and everything and they start talking

14 about some new breaking story, some child was

15 killed or trapped in a mine or something like

16 that, and they went with that story primarily.

17 And by the time we got to the end of the show

18 they said, "Well, we're real sorry,

19 Mr. O'Quinn" --

20 Q. You got bumped?

21 A. Try us again another time.

22 Q. You got bumped?

23 A. Right.

24 Q. You recall it happening one time?

25 A. I do recall that, yes.


Page 39
1 Q. Now, you gave interviews to Larry

2 King, did you not?

3 A. Yes.

4 Q. You appeared on the Larry King show

5 how many times?

6 A. I would guess three.

7 Q. You knew that was a live interview,

8 Larry King live, it was not taped, was it?

9 A. I believe it was.

10 Q. You believe it was taped?

11 A. No. I believe it was live.

12 Q. On all the appearances on Larry

13 King?

14 A. I believe so.

15 Q. And did you do any live media

16 interviews on the Greta Van Susteren show, On

17 the Record, Fox News?

18 A. I believe so.

19 Q. How many?

20 A. Now, you're talking about the whole

21 time, even when we're in the Bahamas?

22 Q. Yeah, which you told me you thought

23 consisted of about 12 interviews, print and

24 broadcast total.

25 A. I would say on her show maybe about


Page 40
1 three times.

2 Q. How about Good Morning America?

3 A. One -- none.

4 Q. No interviews?

5 A. Is that the ABC deal?

6 Q. Yes.

7 A. No.

8 Q. The Today Show?

9 A. I don't believe so. Yes.

10 Q. How many on The Today Show?

11 A. One.

12 Q. Who was that with?

13 A. Matt Louder (sic).

14 Q. Where were you when you gave that

15 interview?

16 A. I don't recall.

17 Q. Were you on set in New York?

18 A. No.

19 Q. In Florida?

20 A. No.

21 Q. Was it a phone interview?

22 A. They brought the camera to me.

23 Q. To Texas or Florida?

24 A. One of those places.

25 Q. So it could have been in Florida?


Page 41
1 A. Could have.

2 Q. When you came over to represent

3 Ms. Arthur in the proceedings before Judge

4 Seidlin, am I correct that you understood that

5 the issue that was being litigated in that

6 proceeding was the question of custody of the

7 body of Anna Nicole Smith for purposes of

8 determining where she would be buried?

9 A. Yes.

10 Q. And that was, in fact, the only

11 issue that was decided in that proceeding;

12 true?

13 A. I believe so.

14 Q. To your knowledge, was there any

15 other jurisdiction of Judge Seidlin or effort

16 to determine any other issue other than the

17 custody of Anna Nicole Smith's body for

18 purposes of determining where it -- she would

19 be buried?

20 A. I believe the other issues were

21 raised or attempted to be raised but I don't

22 think they were decided.

23 Q. I'm sorry. They weren't decided?

24 A. I don't believe they got decided by

25 Judge Seidlin.


Page 42
1 Q. Did you attempt to raise other

2 issues?

3 A. No.

4 Q. Or are you talking about issues

5 raised the by other parties?

6 A. Others.

7 Q. Vergie Arthur didn't raise any other

8 issues. You were there focused on trying to

9 help her have a role in where her daughter

10 would be buried; right?

11 A. Correct.

12 Q. And then ultimately, as it turned

13 out in the Bahamas, your role expanded, did it

14 not, into efforts to help her either obtain

15 custody or visitation with her granddaughter;

16 is that right?

17 A. Correct.

18 Q. That was an issue, in terms of the

19 scope of your engagement, that arose after the

20 Florida proceedings; true?

21 A. I believe that they may have arisen

22 while I was representing Ms. Arthur in Judge

23 Seidlin's proceedings.

24 Q. That you would help her out down in

25 the Bahamas on the custody issues?


Page 43
1 A. Right.

2 Q. But the custody of Dannielynn, the

3 paternity of Dannielynn, was not an issue

4 before Judge Seidlin? It was not a litigated

5 issue that you were down there working on, was

6 it?

7 A. Well, the paternity was an issue

8 that was sought to be raised.

9 Q. But not by you?

10 A. Not by me.

11 Q. Not by Vergie Arthur?

12 A. Not by Vergie Arthur.

13 Q. Someone else sought to raise it, but

14 ultimately it was not an issue to be decided

15 by Judge Seidlin; right?

16 A. That's my memory.

17 Q. Again, the only issue you went down

18 to advocate for, in terms of representing

19 Ms. Arthur in the Florida proceedings and the

20 attendance at the appellate argument, was the

21 issue limited to the custody of Anna Nicole

22 Smith's body for purposes of determining where

23 she would be buried; true?

24 A. I believe so.

25 Q. It was not your intent, going down


Page 44
1 to Florida, to litigate the issue of the

2 paternity of Dannielynn; right?

3 A. Not in Florida.

4 Q. And it was not your intent, going

5 down to Florida, to litigate the issue of

6 custody of Dannielynn or visitation; right?

7 A. Well, things -- things got changed

8 because this gentlemen Birkhead showed up and

9 he was claiming he was the biological father

10 of Anna Nicole's daughter and he was claiming

11 that for that reason, perhaps he should have

12 the say-so in where Anna Nicole was buried.

13 My position, of course, was that

14 Vergie Arthur should have the say-so. So any

15 competing claim that would adversely affect

16 Vergie Arthur, I felt was -- was in my

17 bailiwick to oppose, to the extent that I

18 could legally oppose it. So once he started

19 making that claim, -- I mean, there were a lot

20 of reasons why I didn't think the claim had

21 any merit, don't get me wrong. But at least

22 somebody was there saying, "I'm the biological

23 father of the person who's dead -- of the

24 child of the person who's dead and I want to

25 have some say-so in where she's buried."


Page 45
1 Q. Any other issues that arose --

2 raised by other parties or issues that you

3 thought you needed to address in the Florida

4 proceedings other than what you've told me?

5 A. I believe one line of argument that

6 Stern was claiming was that since he was

7 taking care of the child and since he had this

8 relationship with Anna Nicole, he should be

9 the one to decide.

10 Q. On where the body should be buried?

11 A. Yeah.

12 Q. Do you think he was taking that

13 position because he was a companion of Anna

14 Nicole Smith's and had a relationship with the

15 daughter or were you aware that he was there,

16 sir, as the nominated executor of the estate

17 of Ms. Smith?

18 MR. KLEIN: Lin, this is -- I've got

19 to inquire. We're in a jurisdictional

20 deposition. I don't know what relevance

21 it has to what Mr. Stern's position was

22 or how it was taken or why.

23 MR. WOOD: Yeah. And I appreciate

24 the question. I believe that I'm

25 entitled to go into this area because I


Page 46
1 think I'm entitled to find out what he

2 went there to do, what he did there, what

3 he may have done beyond that all tied to

4 the issue of his reasonable expectations

5 of being haled into a Florida court and

6 being sued.

7 MR. KLEIN: I understand.

8 MR. WOOD: That's why I'm doing it.

9 MR. KLEIN: And I've allowed some

10 latitude for that reason. I don't think

11 that inquiry as to his mental impressions

12 as to what Stern's position was or was

13 not, that it was valid or not.

14 MR. WOOD: I'm not asking that at

15 all. I don't mean to be asking about

16 whether it's valid. I'm just trying to

17 find out, plain and simple.

18 Q. (By Mr. Wood) Didn't you know, sir,

19 going into this proceeding that the petition

20 had been filed and Mr. Stern's role was as the

21 nominated executor of the estate of Anna

22 Nicole Smith?

23 MR. KLEIN: That I don't have a

24 problem with.

25 THE WITNESS: When I came into the


Page 47
1 proceeding initially, I'm not sure I even

2 read the papers to really know, but by

3 the time I got to Judge Seidlin's

4 court --

5 Q. (By Mr. Wood) You knew?

6 A. -- I knew that was the position

7 of --

8 Q. Mr. Stern?

9 A. -- Stern.

10 Q. Okay.

11 A. At least on paper.

12 Q. At least on paper in terms of his

13 filings; right?

14 A. Yeah.

15 Q. And did you file an application to

16 appear in that proceeding pro hac vice?

17 A. I think Mr. Tunstall did.

18 Q. On your behalf?

19 A. Yes.

20 Q. Did you have any type of fee

21 arrangement with Mr. Tunstall?

22 A. No.

23 Q. Did you pay any of Mr. Tunstall's

24 fees?

25 A. No.


Page 48
1 Q. Did you pay any of Mr. Tunstall's

2 expenses?

3 A. In a way, because I -- I did things

4 like paid for the appeal.

5 Q. Well --

6 A. I did --

7 Q. That would be Vergie Arthur's

8 expense, I think.

9 A. Did I reimburse him for money he had

10 spent, no.

11 Q. Did you pay for any of his expenses

12 that he had incurred on behalf of Ms. Arthur

13 other than the fee to Mr. Klein's firm for

14 handling the appeal? Assuming that's -- that

15 was his expense. I don't think it was but,

16 nonetheless, I'm going to clear up whether or

17 not you paid anything else for him or not.

18 A. When I took on the job of getting

19 her from the hotel, transportation, into the

20 court, I guess if I had not been in Florida,

21 Mr. Tunstall would have had to do that.

22 Q. Well, I understand that. I mean,

23 that's -- apparently you paid some sort of a,

24 I guess, a limousine service or some type

25 of --


Page 49
1 A. Right.

2 Q. -- to get you-all picked -- was she

3 staying at the same hotel where you were?

4 A. Right.

5 Q. And you were paying for her hotel

6 room?

7 A. Right.

8 Q. Did you pay for anybody else's hotel

9 rooms, other than yourself and Vergie Arthur's

10 hotel room in Florida?

11 A. On occasions her husband would be

12 with her. On occasions a relative/friend

13 would be with her and they would stay at the

14 hotel.

15 Q. Well, I'm assuming that her husband

16 stayed with her?

17 A. I am too but I did not go --

18 Q. You did go in the room --

19 A. But I did not go in the room to see

20 who was in the bed.

21 Q. Okay. That would be asking for just

22 a little bit too much representation, wouldn't

23 it?

24 A. That was not my job.

25 Q. I'm assuming you didn't pay for an


Page 50
1 extra hotel room for him. I'm looking for any

2 other hotel rooms you paid for for individuals

3 in Florida other than the room for yourself,

4 the room for Vergie Arthur, which may have on

5 occasion been shared with her husband, and

6 then you mentioned another relative, I

7 thought?

8 A. There was a woman who would be with

9 her -- she needed moral support, emotional

10 support. So if her husband could not be with

11 her, there sometimes was another woman who was

12 with her who was introduced to me as a

13 relative and/or friend.

14 Q. What was her name?

15 A. I don't recall it.

16 Q. And did you pay for that relative or

17 friend's hotel room?

18 A. Yes.

19 Q. Same hotel?

20 A. Yes.

21 Q. Out of the number of nights you were

22 there, Ms. Arthur was there every night you

23 were there; right?

24 A. Yes.

25 Q. And she stayed the weekend? She


Page 51
1 didn't come back to Texas did she?

2 A. I believe so.

3 Q. Did she stay the weekend in Florida?

4 A. I'm not sure. I just said I believe

5 so.

6 Q. Did she stay on in Florida after you

7 came back following the ruling of Judge

8 Seidlin?

9 A. I believe so but I'm not certain of

10 that.

11 Q. Did you continue to pay for her

12 hotel room at all times while she was in

13 Florida, Vergie Arthur?

14 A. Yes. So far as I know.

15 Q. So you believe -- your best

16 recollection and belief is is that any

17 expenses incurred by Ms. Arthur in connection

18 with her presence in Florida -- hotel rooms,

19 transportation, meals, incidentals -- you,

20 John O'Quinn, paid for those; true?

21 A. Probably, but I've not reviewed the

22 expense file of what got paid. I'm speaking

23 from the standpoint I think more likely than

24 not that's true, what you're saying. Now, she

25 may have gone down to the store and bought


Page 52
1 some sundries and paid for them out of her own

2 purse. I've not doublechecked her bills. I

3 really haven't.

4 Q. Did you have arrangements -- when

5 you were not there, had you made arrangements

6 in Florida with the Florida transportation

7 company or the limo service, to continue to

8 provide transportation to Ms. Arthur?

9 A. I made no arrangements.

10 Q. Did you have someone on your behalf

11 make those arrangements?

12 A. Somebody made those arrangements.

13 Now, whether they were to continue to be her

14 car and driver even though I was gone on the

15 weekend, even though there was no court

16 proceedings going on on the weekend, even

17 though maybe she had elected to stay in

18 Florida rather than -- rather than go back

19 home to Texas for the weekend, I don't know

20 how those arrangements got made. I really

21 don't, sir.

22 Q. Did you ask anybody in your office

23 to make those arrangements?

24 A. Yes.

25 Q. So someone made those arrangements


Page 53
1 on your -- for you --

2 A. Yes.

3 Q. -- for Ms. Arthur, knowing that

4 we're talking about transportation

5 arrangements in the state of Florida; right?

6 A. If you're talking about while she

7 was being transported --

8 Q. Yes?

9 A. -- in Fort Lauderdale, it would be

10 in Florida. But I did not tell anybody to do

11 what you're describing.

12 Q. Well, how did -- who told them to do

13 it?

14 A. The -- the staff that works with me,

15 they kind of know what needs to be done. I

16 mean, we've been doing this a long time, and

17 if I'm out of town, I've got to have a way to

18 get from point A to point B.

19 Q. Well, I'm not talking but you now.

20 I'm talking about Ms. Arthur, what you paid

21 for for Ms. Arthur --

22 A. She has to have a way --

23 Q. Hold on one second. I'm trying to

24 make clear, and maybe just a question I want

25 to get to and we can move on to another


Page 54
1 subject.

2 The fact of the matter is that you

3 paid for transportation for Ms. Arthur in

4 Florida at times when you yourself were not

5 physically present in Florida; true?

6 A. I may have.

7 Q. Do you believe that you did?

8 A. I believe I probably did, but I've

9 not verified that. I don't know for sure

10 either way, sir.

11 Q. Who is Don Clark?

12 A. He's an investigator who works for

13 my law firm.

14 Q. Did he spend any time with you in

15 Florida?

16 A. I believe so.

17 Q. During the time periods you were

18 there for the proceedings before Judge

19 Seidlin?

20 A. I believe he was there some of the

21 time.

22 Q. Separate hotel room?

23 A. Sure.

24 Q. Same hotel?

25 A. Probably, yes.


Page 55
1 Q. And paid for by you?

2 A. Probably.

3 Q. Well, probably. Sir, if you had an

4 investigator there working with you in your

5 representation of Ms. Arthur --

6 A. Sir --

7 Q. Let me finish, please, sir. -- you

8 would know, would you not, sir, as a matter of

9 fact that you would pay his expenses?

10 A. He may have flown in there, checked

11 in the hotel with his own credit card and paid

12 the bill and flew out.

13 Q. But you're going to reimburse him

14 for those charges?

15 A. Yes.

16 Q. So at the end of day, whether you

17 gave him the credit card, John O'Quinn, don't

18 leave home without it, or whether he used his

19 credit card, the buck came out of your account

20 to pay for his expenses; true?

21 A. That would be usual.

22 Q. And that's what you believe happened

23 here?

24 A. Only because that would be usual.

25 Q. Right, sir.


Page 56
1 A. I have not gone back and checked the

2 records on any of these points you've been

3 talking about.

4 Q. I go back to the scope of your

5 engagement and that was to participate in the

6 court proceedings, examine witnesses, make

7 arguments, help with transportation, help with

8 physically getting Ms. Arthur in and out of

9 the courtroom and acting as, in effect, her

10 media spokesman fielding media inquiries that

11 were directed from her to you; right?

12 A. Right.

13 Q. And then the other thing you told me

14 was that you were also involved in the efforts

15 to hire counsel for the appeal of Judge

16 Seidlin's ruling; right?

17 A. Right.

18 Q. And that covers the entire scope of

19 your engagement for Ms. Arthur as it relates

20 to Florida; true?

21 A. As best I recall it right now.

22 Q. Why -- why did you have an

23 investigator come to Florida?


25 Q. Did you have Mr. Clark undertake any


Page 57
1 investigative efforts into the cause or causes

2 of the death of Anna Nicole Smith?

3 MR. KLEIN: John, let's be real

4 careful here. You've got an ongoing

5 representation.

6 THE WITNESS: Yeah.

7 MR. KLEIN: I want to be careful not

8 to -- any violation of attorney-client

9 work product privileges.

10 THE WITNESS: That would be covered

11 by attorney-client work product

12 privileges.

13 Q. (By Mr. Wood) Well --

14 A. To tell you the truth, it would be.

15 Q. But did you authorize Don Clark to

16 talk to Ashley Banfield of CNN about the scope

17 of his investigative work?

18 A. I think that's covered by the same

19 privileges.

20 Q. Well, sir, you know he did?

21 A. No.

22 Q. You're not aware that Mr. Clark

23 provided Ms. Banfield with information that he

24 was down in Florida to try to get dirt that

25 might reopen the investigation into Anna


Page 58
1 Nicole's death? You weren't aware that he

2 gave that information to Ms. Banfield?

3 A. No.

4 Q. Well, was he, in part, down there --

5 and I don't -- I'm not asking for the work

6 product now, please. I'm asking for the scope

7 of his assignment which I do not believe is

8 protected by any privilege or the work product

9 doctrine --

10 MR. KLEIN: An investigator --

11 MR. WOOD: The scope of his

12 assignment.

13 Q. (By Mr. Wood) Was he in Florida, in

14 part, to investigate any aspect of the death

15 of Anna Nicole Smith?

16 And that's a yes-or-no question, if

17 you don't mind. I'm not looking for a

18 substantive what did he do at the moment.

19 MR. KLEIN: I've got to suggest a

20 compromise.

21 MR. WOOD: Okay.

22 MR. KLEIN: You can, I believe for a

23 jurisdictional deposition, we don't have

24 to get into the question of whether or

25 not --


Page 59
1 COURT REPORTER: Can you speak up,

2 please? I'm having a hard time hearing

3 you.

4 MR. KLEIN: -- that you can answer

5 whether or not Clark was performing

6 services at his request as opposed to the

7 scope of the services that he was

8 performing.

9 MR. WOOD: Well, let me ask that and

10 then we'll -- probably a good time to

11 take a break. Let me ask that and then I

12 can come back, because I don't think that

13 I'm limited, as you have suggested, but

14 let me get this down.

15 Q. (By Mr. Wood) In fact, Mr. Clark

16 was in Florida performing investigative

17 services at your request in connection with

18 your representation of Vergie Arthur in

19 connection with the Anna Nicole Smith matter;

20 true?

21 MR. KLEIN: That, you can answer.

22 THE WITNESS: Yes.

23 MR. WOOD: Okay. Why don't we take

24 a break now.

25 MR. KLEIN: Sure.


Page 60
1 MR. WOOD: We've been going for

2 about an hour.


4 approximately 10:07. This concludes Tape

5 No. 1. Off the video record.

6 (Thereupon, there was an

7 interruption in the proceedings.)


9 approximately 10:27. We're back on the

10 video record. This marks the beginning

11 of Tape No. 2. You may continue.

12 Q. (By Mr. Wood) Mr. O'Quinn, as part

13 of your representation and efforts on behalf

14 of Vergie Arthur, did you, within that scope

15 of representation, did that include, in part,

16 efforts to investigate aspects of the death of

17 Anna Nicole Smith in Florida?

18 A. I believe so.

19 Q. Did you yourself conduct any

20 investigation in Florida into any aspect of

21 her death?

22 A. Well, we've got this issue about

23 work product privilege.

24 Q. Well, I'm asking about your

25 activities in Florida. And so again that it's


Page 61
1 clear, I'm not asking you at the moment what

2 you may have learned from the investigation,

3 okay, which I -- I will at least concede might

4 fall within an argument about whether it's

5 work product or not, whether I agree with that

6 we have to determine that another time.

7 I'm just trying to find out for the

8 moment whether you yourself engaged in any

9 investigative activities in Florida that

10 related to the death of Anna Nicole Smith?

11 THE WITNESS: What do you think,

12 Rob?

13 MR. KLEIN: Whether you personally

14 did.

15 THE WITNESS: No.

16 Q. (By Mr. Wood) You didn't

17 participate in any interviews of witnesses?

18 A. No.

19 Q. Do you know whether any witnesses

20 were interviewed at your direction and on your

21 behalf as it would relate to the death of Anna

22 Nicole Smith?

23 And I'm referring to witnesses in

24 Florida.

25 A. No.


Page 62
1 Q. Did Mr. Clark, at your request,

2 engaged in any investigative activities in the

3 state of Florida related to trying to

4 ascertain information about the cause of the

5 death of Anna Nicole Smith?

6 MR. KLEIN: We have the same problem

7 with work product. I mean, I -- let

8 me --

9 MR. WOOD: Again, I'm not asking him

10 what he found out at the moment.

11 MR. KLEIN: I know, but whether or

12 not and getting into the scope, even, of

13 his investigation may really reveal work

14 product issues and potentially

15 attorney-client privilege issues. Let me

16 make a suggestion --

17 MR. WOOD: Okay.

18 MR. KLEIN: -- because I understand

19 your need for jurisdictional discovery.

20 I think there's a relevant inquiry

21 as to whether or not it was an issue in

22 the litigation and something that would

23 have been within the scope of his

24 services that he was performing, without

25 having to get into the specifics of what


Page 63
1 he did to further those efforts.

2 MR. WOOD: Well, let's do that.

3 MR. KLEIN: Yeah.

4 Q. (By Mr. Wood) And that's the

5 question at the moment.

6 At your request, did Don Clark

7 engage in investigative activities in the

8 state of Florida on the question of the cause

9 or causes of Anna Nicole Smith's death in

10 Florida?

11 A. With all due respects, you said it

12 differently --

13 MR. KLEIN: Than I did.

14 THE WITNESS: -- than he did. So

15 now I don't know what to do.

16 Q. (By Mr. Wood) Let me go back and

17 try to see if I can find some happy medium,

18 either by adopting Mr. Klein's.

19 Well, let me go back again. I'm not

20 asking you for the specifics at the moment of

21 what Don Clark did.

22 For example, I'm not asking you who

23 he interviewed and what he learned. But I'm

24 asking you whether at your direction Don Clark

25 did, in fact, engage in investigative


Page 64
1 activities in the state of Florida that

2 related to the cause of the death of Anna

3 Nicole Smith in Florida?

4 MR. KLEIN: And my only suggested

5 correction is at the very end of that

6 sentence. Related to his representation

7 of Vergie Arthur in those proceedings, I

8 don't have a problem with. The moment

9 you get into whether it was Howard Stern

10 and whether he was involved as a cause of

11 her death, that, I have a problem with

12 because now you are getting specific.

13 MR. WOOD: Well --

14 MR. KLEIN: Your issue is whether

15 it's related to the proceedings?

16 MR. WOOD: No. My issue is this

17 lawyer's activities in the state of

18 Florida --


20 MR. WOOD: -- whatever -- whatever

21 they might be related to.

22 MR. KLEIN: Right.

23 MR. WOOD: But specifically this

24 question is whether there were

25 investigative activities undertaken at


Page 65
1 Mr. O'Quinn's direction in the state of

2 Florida by Mr. Clark related to the cause

3 of the death of Anna Nicole Smith.

4 MR. KLEIN: And that's where I have

5 a problem, is that is very specific as to

6 work product.

7 MR. WOOD: Specific as to scope but

8 it's not specific in any way asking for

9 information that could constitute work

10 product at the moment.

11 MR. KLEIN: Well, how is it any more

12 relevant to the jurisdictional issue as

13 to the specific issues that the

14 investigator was exploring as opposed to

15 he was conducting investigation in the

16 state of Florida on John's behalf?

17 MR. WOOD: Because this man's been

18 sued for comments that he made that we

19 contend accused Howard Stern of

20 involvement in the murder. So I think I

21 clearly entitled to know the scope of the

22 activities of this man or his agents or

23 people agenting on his behalf because it

24 may go to the issue of whether he

25 reasonably expected to be haled into a


Page 66
1 Florida court, and I think I'm right.

2 And I'd like to get an answer today on

3 that. And I won't go into substance. I

4 may just to make the record, but at least

5 at this moment I think I'm entitled to

6 know the scope of Mr. Clark's activities

7 in terms of what he was doing.

8 MR. KLEIN: Let me take a two-minute

9 break.

10 MR. WOOD: Okay. Sure.

11 MR. KLEIN: Let's talk about that.

12 Obviously I don't want to have him come

13 back here and redo this.

14 MR. WOOD: Not unless the weather is

15 better than it is right now.

16 VIDEOGRAPHER: Off the record at

17 10:33.




21 approximately 10:35. We're back on video

22 record. You may continue.

23 Q. (By Mr. Wood) My question,

24 Mr. O'Quinn, is whether there were any

25 investigative activities undertaken at your


Page 67
1 direction within the state of Florida by Don

2 Clark related to the cause of the death of

3 Anna Nicole Smith?

4 A. I believe an issue in the case,

5 legal issue, could be whether Mr. Stern had

6 anything to do with her death, and so in that

7 regard, Mr. Clark did some investigation.

8 Now, whether he did it in Florida or

9 otherwise, I'm not sure.

10 Q. Well, do you believe that he did it

11 in Florida? You know the death occurred in

12 Florida; true?

13 A. True. That's true. Well, actually

14 it involved the death occurred on Indian land.

15 Q. Inside the state of Florida?

16 A. Yes, that's right.

17 Q. And you know that it was

18 investigated in part by members of the

19 Seminole law enforcement agencies and also in

20 conjunction with the medical examiner's office

21 of Broward County; true?

22 A. I've heard that.

23 Q. You don't know that to be true?

24 A. No. I've never talked to those

25 people.


Page 68
1 Q. You've never familiarized yourself

2 with Mr. Perper's investigative findings?

3 A. No, but I understand Mr. Perper is

4 not the Seminole Indian.

5 Q. No, sir. He's the medical examiner

6 in Broward County.

7 Are you familiar with his findings

8 with respect to his investigation into the

9 death of Anna Nicole Smith?

10 A. Some of them. He's expressed some

11 of them.

12 Q. Well, are you telling me you're

13 familiar with some but not all?

14 A. I don't know all of them. I never

15 took his deposition.

16 Q. Yeah, but what he publicly stated

17 and what was publicly released, are you

18 familiar with that information?

19 A. I'm familiar with some things he

20 publicly released. I may be familiar with

21 everything, but I don't know everything that

22 he publicly released. I can't certify that I

23 know everything that he publicly released.

24 Q. Do you believe that it is likely,

25 given that her death occurred in the state of


Page 69
1 Florida, that Mr. Clark's efforts in some part

2 involved investigative activity in the state

3 of Florida?

4 A. May have.

5 Q. Do you think it's likely that it

6 did, sir? I mean, you've been investigating

7 incidents almost 40 years of law practice.

8 This is a death that occurred in the state of

9 Florida.

10 You're telling me that the scope of

11 your engagement included some aspect of the

12 cause of Anna Nicole Smith's death and you

13 tell me that you had an investigator that you

14 were paying to be in Florida that you believe

15 investigated aspects of the cause of her

16 death. Do you believe that it is likely, sir,

17 that he did conduct some investigative

18 activity in the state of Florida at your

19 direction into the cause of her death?

20 A. I don't know.

21 Q. You don't deny that he did, do you?

22 A. Deny he did what?

23 Q. Conducted investigative activity in

24 the state of Florida into the cause of Anna

25 Nicole Smith's death?


Page 70
1 A. I neither admit or deny. I don't

2 know.

3 Q. Did you ever bother to find out what

4 his investigation involved and his findings?

5 A. Well, that goes back to the

6 attorney-client work product.

7 Q. I'm asking you did you ever bother

8 to find out what he had done and what his

9 investigation had revealed or concluded?

10 MR. KLEIN: You can do that.

11 THE WITNESS: Without getting into

12 the -- what he may have said or the

13 details, the answer to your question is

14 yes.

15 Q. (By Mr. Wood) Did you then learn,

16 not the details, that, in fact, part of what

17 he had done, involved investigative efforts,

18 including interviewing witness, in the state

19 of Florida?

20 MR. KLEIN: Now we're getting

21 specific. You know, I'm trying very hard

22 to avoid --

23 MR. WOOD: And I appreciate that and

24 I'm trying hard not to go into who and

25 what they said.


Page 71
1 MR. KLEIN: Yeah.

2 MR. WOOD: But I think that it is

3 relevant to the jurisdictional issues

4 raised in terms of knowing whether or not

5 Mr. Clark was paid by Mr. O'Quinn to be

6 in Florida and was directed by

7 Mr. O'Quinn while in Florida to conduct

8 investigative activities in Florida on

9 the question of the cause of Anna Nicole

10 Smith's death.

11 MR. KLEIN: Which you've asked and

12 he's answered.

13 MR. WOOD: Well, I don't think I've

14 gotten an answer to whether he's

15 acknowledged that Mr. Clark did, in fact,

16 engage in investigative activities in

17 Florida. That's the question I'm trying

18 to get an answer to on the issue of Anna

19 Nicole Smith's death.

20 MR. KLEIN: And he's told you he

21 doesn't know what he did in Florida.

22 Q. (By Mr. Wood) And you've never

23 learned what Mr. O'Quinn -- I mean, Mr. Clark

24 did in Florida in terms of his investigation

25 is that your testimony?


Page 72
1 A. Never learned includes up to the

2 present time. I would say I think I have, to

3 some extent, been told.

4 Q. Well, did you -- have you ever

5 learned that, in fact, he did engage in

6 investigative activities in the state of

7 Florida on the issue of the cause of Anna

8 Nicole Smith's death?

9 MR. KLEIN: Regardless of whether or

10 not he was in Florida at the time?

11 MR. WOOD: No.

12 Q. (By Mr. Wood) Specifically whether

13 Mr. Clark was in Florida at the time, did he

14 engage in any investigative activities?

15 MR. KLEIN: You're missing my point.

16 MR. WOOD: I probably am.

17 MR. KLEIN: And it was probably

18 obscure. If the question is whether he

19 learned while he was performing services

20 in Florida?

21 MR. WOOD: No.

22 MR. KLEIN: All right.

23 MR. WOOD: No. I'm just -- my

24 question is probably unartfully worded.

25 MR. KLEIN: Okay.


Page 73
1 Q. (By Mr. Wood) Let me try to make it

2 simple.

3 You've got Don Clark in Florida on

4 your dime; right?

5 A. Don Clark works for this law firm.

6 Q. You're paying his expenses to be in

7 Florida working for your law firm in

8 connection --

9 A. Me personally, no.

10 Q. -- with your representation of

11 Vergie Arthur; right?

12 A. Me personally, no. The law firm

13 pays his expenses.

14 Q. I understand that.

15 But the point is, sir -- the simple

16 question is did he, in fact, to your knowledge

17 engage in any investigative activities in the

18 state of Florida as it would relate to the

19 issue of the cause of Anna Nicole Smith's

20 death?

21 A. While I was in Florida representing

22 Ms. Arthur, I don't know. I don't know

23 whether he was investigating Florida,

24 investigating elsewhere.

25 Q. I'm not asking you, though, -- I


Page 74
1 don't care when you learned it or where you

2 were when you learned it. I just simply want

3 to know as you sit here today, did he do it?

4 Did Mr. Clark engage in investigative

5 activities in the state of Florida into the

6 issue of the cause of Anna Nicole Smith's

7 death?

8 A. I think he may have after things had

9 switched to the Bahamas. After the legal

10 proceedings switched to the Bahamas.

11 Q. Is it -- is it your best testimony,

12 sir, under oath today that he did, in fact,

13 whatever time that he did it --

14 A. I think time is important.

15 Q. Well, somebody else will have to

16 decide that.

17 I just want an answer to the

18 question now, whether you think it's important

19 or not, did he engage in investigative

20 activities in the state of Florida on behalf

21 of your representation of Vergie Arthur into

22 the cause of the death of Anna Nicole Smith?

23 A. At some point in time, I believe so.

24 Q. When did you meet with Mr. Klein

25 initially to discuss handling the appeal of


Page 75
1 Judge Seidlin's order?

2 A. I don't recall the date.

3 Q. Was it a meeting that took place

4 face to face in Florida --

5 A. Yes.

6 Q. -- at Mr. Klein's law office?

7 A. Yes.

8 Q. And who was present at that meeting?

9 A. A woman named Roberta who's like his

10 appellate lawyer.

11 Q. Handel or Mandel?

12 MR. KLEIN: Mandel.

13 Q. (By Mr. Wood) Mandel, excuse me.

14 Ms. Mandel, Mr. Klein, John

15 O'Quinn --

16 A. True.

17 Q. -- anyone else?

18 MR. WOOD: You can help him out on

19 that one.

20 MR. KLEIN: You weren't there.

21 THE WITNESS: I wasn't there.

22 Mr. McCabe did it.

23 Q. (By Mr. Wood) Mr. McCabe was there

24 for you.

25 A. Because I'm busy in Judge Seidlin's


Page 76
1 court.

2 Q. Well, did you have discussions

3 yourself with Mr. Klein about that

4 arrangement?

5 A. No.

6 Q. Do you know how much you paid for

7 that appeal to be handled?

8 A. No.

9 Q. You knew it was going to be an

10 appeal to be undertaken by the Florida

11 appellate courts?

12 A. Yes.

13 Q. By a lawyer that you engaged on

14 behalf of Vergie Arthur?

15 A. My law firm did.

16 Q. And that you paid for?

17 A. My law firm did.

18 Q. Well, while you were out giving

19 media interviews, were you out, in your role

20 as media spokesman, you were acting on behalf

21 your law firm? Is that your testimony?

22 A. Everything I did was -- I was acting

23 on behalf of my law firm which was acting on

24 behalf of Ms. Arthur.

25 Q. And did you have the authority to


Page 77
1 speak for Ms. Arthur? Did your law firm give

2 you authority to comment publicly about this

3 case in the media?

4 A. Yes. Only because she gave my law

5 firm authority to do it.

6 Q. And when it came time to decide what

7 you would say or what you wouldn't say, you

8 had the authority on behalf of your law firm

9 to make that decision, did you not?

10 A. Yes. To a certain extent, though, I

11 might confer with her about how she felt I

12 should be responding.

13 Q. Right. But other than conferring

14 with Ms. Arthur --

15 A. Right.

16 Q. -- in terms of what you, John

17 O'Quinn, decided to say or not say in the

18 media as part of your representation --

19 A. Right.

20 Q. -- you had the ultimate authority to

21 make that decision on behalf of your law firm;

22 true?

23 A. The ultimate authority comes from

24 the client.

25 Q. Yes, sir. But in terms of acting on


Page 78
1 behalf of the law firm in accordance with the

2 client's direction, you had the authority to

3 make the decision on what you would say or not

4 say on behalf of the client acting for the law

5 firm?

6 A. If the client had authorized the

7 firm to do it, then the rest of your statement

8 is true.

9 Q. Right. And the client did authorize

10 it and you did it; right?

11 A. Did authorize what was said to be

12 said and I did say what was said.

13 Q. And did you have the discussions

14 with Ms. Arthur about what you were going to

15 say while y'all were in the state of Florida?

16 A. Well, now I think we're getting into

17 attorney-client privilege.

18 MR. KLEIN: We are.

19 THE WITNESS: Probably already

20 stepped all over it in answering the

21 other questions.

22 Q. (By Mr. Wood) Well, with all due

23 respect, I don't think that the location of

24 the discussions is attorney-client privilege.

25 I'm asking you, because you're the


Page 79
1 one that said you were authorized by

2 Ms. Arthur to make these statements to the

3 media, and I'm asking whether you had those

4 discussions about your authority and what you

5 were going to go out and say with Ms. Arthur

6 while you-all were together in the state of

7 Florida. That's my question.

8 MR. KLEIN: You can answer that.

9 THE WITNESS: Sometimes.

10 Q. (By Mr. Wood) Okay. I think you

11 told me earlier that you think you gave two

12 interviews while you were actually physically

13 in Florida?

14 A. I believe I said that.

15 Q. Tell me about those interviews.

16 A. One was with Greta Van Susteren and

17 the other was with a -- a woman I do not

18 recall the name of.

19 Q. Rita Cosby? Does that ring a bell?

20 A. Could be.

21 Q. But that doesn't ring a bell to say

22 it is?

23 A. The name is kind of in my memory

24 bank. I don't know why it's in my memory

25 bank. It could be but I really don't know for


Page 80
1 sure. The only reason I say it could be is

2 because I remember the name Rita Cosby.

3 Q. Prior to -- do you know the date of

4 the interview you gave with Greta Van

5 Susteren?

6 A. No, sir.

7 Q. Where were you?

8 A. I was in Fort Lauderdale.

9 Q. Had you ever spoken to Greta Van

10 Susteren before that interview took place?

11 A. I talked to Greta about other

12 matters, I know. I told you I knew her, not

13 well but I knew her. And about this

14 particular matter, I don't recall.

15 Q. How were you first contacted to --

16 about giving an interview on this particular

17 matter?

18 A. I believe a member of her staff

19 contacted probably my secretary.

20 Q. And who did you first speak with

21 about it, yourself?

22 A. Probably my secretary.

23 Q. While you were in Florida she called

24 you?

25 A. Correct.


Page 81
1 Q. And then who did you first speak

2 with with Fox News or Greta's folks in terms

3 of setting up or conducting the interview?

4 A. I don't recall that person's name.

5 Q. But the conversation took place on

6 the phone or in person?

7 A. On the phone.

8 Q. While you were in Florida?

9 A. No, I don't recall that either.

10 Q. Well, you gave the interview in

11 Florida?

12 A. True. I do recall that.

13 Q. Was Greta present?

14 A. Yes.

15 Q. Was it taped or live?

16 A. I believe it was live.

17 Q. And y'all were sitting where?

18 A. Near the courthouse.

19 Q. Where?

20 A. In Fort Lauderdale.

21 Q. We can do better than that. Can't

22 we? Were you out on the street? Were you at

23 the local Fox affiliate's offices?

24 Physically where were you sitting

25 when you were talking to Greta Van Susteren


Page 82
1 about this matter and gave the interview?

2 A. My memory is I was not in the

3 street.

4 Q. Okay. We're narrowing it down now.

5 MR. KLEIN: That's a start.

6 THE WITNESS: My memory is that it

7 was on some paved something and my memory

8 is it was not far from the courthouse.

9 Q. (By Mr. Wood) So you were talking

10 to Greta face to face; right?

11 A. Correct.

12 Q. Cameraman, one or two, or camera

13 person?

14 A. One, I believe.

15 Q. There was a -- was it a man?

16 A. I can't recall. I think it was a

17 man.

18 Q. Camera on you? Camera on both of

19 y'all? Or two cameras, one on her and one on

20 you?


22 Q. How many other people were present

23 besides Greta Van Susteren and the cameraman?

24 A. Ten or so.

25 Q. Ten or so in the direct proximity of


Page 83
1 the interview?

2 A. In the area.

3 Q. So there would have been a number of

4 people that would have heard what you said to

5 Greta Van Susteren there in Fort Lauderdale;

6 true?

7 A. I don't know.

8 Q. Well, you know Greta heard it;

9 right?

10 A. I believe so.

11 Q. And you certainly made the comments

12 in the interview in the presence of other

13 third parties, including a camera person;

14 true?

15 A. Well, the camera person was in the

16 immediate vicinity of me and Greta.

17 Q. But the comments you uttered in that

18 interview were, in fact, heard directly and

19 made directly to Greta Van Susteren face to

20 face; true?

21 A. True.

22 Q. In Florida?

23 A. True.

24 Q. Have you had an opportunity,

25 Mr. O'Quinn, to look at the lawsuit that was


Page 84
1 filed against you by Mr. Stern?

2 A. Yes, sir.

3 MR. WOOD: Let me mark this as

4 Exhibit No. 2.



7 Q. (By Mr. Wood) Let me hand you

8 what's been marked for purposes of

9 identification to your deposition,

10 Mr. O'Quinn, as Exhibit No. 2 and ask you if

11 you recognize that as being a true and correct

12 copy of the lawsuit filed by Mr. Stern against

13 you in the United States District Court for

14 the Southern District of Florida, West Palm

15 Beach Division?

16 A. To be honest with you, it's very

17 long. It appears to be. From the first page,

18 it appears to be.

19 Q. You would accept my representation

20 that it is, would you not?

21 A. Subject to being verified, but right

22 now --

23 Q. That sounds like a no.

24 A. No, no. I don't know what's in this

25 total document. Let me just say for the


Page 85
1 purposes of right now, I accept your

2 assertion. If it turns out it's not true,

3 then we'll deal with it.

4 Q. Look at page 8.

5 A. Okay.

6 Q. There's a subtitle, "Defendant

7 O'Quinn slanderous February 21, 2007,

8 Fort Lauderdale interview with Fox News," and

9 then it goes on in paragraph 37 to reference

10 an interview in Fort Lauderdale, Florida on

11 February 21, 2007, with Greta Van Susteren.

12 Do you see that?

13 A. Yes.

14 Q. Is that the interview that you've

15 been describing for me that you gave to Greta

16 face to face in Fort Lauderdale?

17 A. Sounds like it.

18 Q. Do you have any reason to believe it

19 is not the interview that you gave with Greta

20 in Fort Lauderdale?

21 MR. KLEIN: Hold on, John. That

22 references to a partial transcript.

23 You're not asking him to comment on the

24 veracity of the transcript itself?

25 MR. WOOD: I'm not asking him to


Page 86
1 comment on that. I'm asking -- as I

2 recall, he said he gave one interview to

3 Greta.


5 MR. WOOD: And apparently the

6 interview was on February 21, 2007.

7 Q. (By Mr. Wood) Which would have been

8 one of the dates that you were present in

9 Florida for the Judge Seidlin hearing; right?

10 A. You know, I don't know the dates for

11 sure, but I think that was during that time.

12 February the 21st was during the time I was in

13 Florida.

14 Q. Well, and you know that the

15 proceedings before Judge Seidlin were still

16 ongoing at the time you gave the interview to

17 Greta Van Susteren?

18 A. I believe that's true.

19 Q. Yes, sir. And that's the only

20 interview you gave from Fort Lauderdale with

21 Greta Van Susteren; right?

22 A. That is true.

23 Q. And --

24 A. What I don't know yet is whether it

25 happened on the 21st day of February or some


Page 87
1 other day.

2 Q. Now, had you spoken with Greta about

3 what you were going to discuss with her in the

4 interview before you actually started it?

5 A. No.

6 Q. Had you discussed with anyone

7 connected in any way with Greta Van Susteren's

8 production, her show, about what you would be

9 discussing in the interview before you

10 actually started participating in the

11 interview with Greta?

12 A. Nothing more than Greta wanted to do

13 a show about the events of the day in the

14 courtroom.

15 Q. And no one discussed any details

16 with you --

17 A. No.

18 Q. -- prior to the actual interview

19 beginning?

20 A. True.

21 Q. And you knew it was going to be for

22 her show, On the Record?

23 A. Yeah, if that's the name of the show

24 that's produced out of New York City, that's

25 it.


Page 88
1 Q. Her show?

2 A. Her show.

3 Q. Fox News?

4 A. You normally see her on the screen.

5 She's in New York City doing a show.

6 Q. Broadcast to the nation on the Fox

7 News network; right?

8 A. That's my understanding.

9 Q. It was your understanding before you

10 gave the interview that you were going to be

11 doing a live interview for Greta Van

12 Susteren's show that would be broadcast

13 nationally; true?

14 A. From New York City.

15 Q. Regardless of where from, but to an

16 audience on a national basis; true?

17 A. I didn't know for sure, but I

18 suspected that was true.

19 Q. Well, sir, you knew Greta before,

20 didn't you, sir?

21 A. Yes.

22 Q. You're familiar with her show?

23 A. Not really.

24 Q. You didn't know it was a national

25 television show?


Page 89
1 A. I really hadn't focused on it, but

2 probably if -- if somebody asked me that

3 question before this case was even happening,

4 I would probably have said I believed Greta's

5 got a national show.

6 Q. That you were appearing on live;

7 right?

8 A. That's what I believe, yeah.

9 Q. And you keep making reference to the

10 fact that it was broadcast from New York.

11 A. Right.

12 Q. How do you know that?

13 A. That's where her show gets broadcast

14 from.

15 Q. But she was in Florida with you?

16 A. Well, I think we've covered the fact

17 that she was in Florida but that's different

18 than where the show is broadcast. She could

19 take a feed and send it to New York and it

20 gets broadcast out of New York.

21 Q. Could, sure, I understand that. But

22 the fact of the matter is the interview was

23 conducted and your comments were, in fact,

24 uttered to Greta Van Susteren in the close

25 proximity of other third persons other than


Page 90
1 Greta in Fort Lauderdale Florida true?

2 A. No, not in the close proximity.

3 There were other people in the area, but they

4 were busy doing things.

5 Q. Well, Greta was a third party;

6 right?

7 A. Greta was a party. She was doing

8 the interview.

9 Q. Yeah. And you had a conversation

10 with her somewhat similar, in a different

11 setting --

12 A. Right.

13 Q. -- to what we're doing here today;

14 right?

15 A. Right.

16 Q. She's asking you questions and

17 you're giving her answers?

18 A. Right.

19 MR. KLEIN: Are you broadcasting?

20 Are you broadcasting?

21 MR. WOOD: Not nationally.

22 Q. (By Mr. Wood) And do you recall in

23 that interview telling Greta Van Susteren or

24 discussing with Greta Van Susteren information

25 about the cause of Anna Nicole Smith's death?


Page 91
1 A. I'm not sure word for word what I

2 said in the interview.

3 Q. I didn't ask you what you said word

4 for word.

5 I asked you if you recall in that

6 interview discussing with Greta Van Susteren

7 information about the cause of Anna Nicole

8 Smith's death?

9 A. I believe so.

10 Q. You had an opportunity to look at

11 the -- what's been referred to as a partial

12 transcript that was attached to the complaint,

13 have you not?

14 A. Yes.

15 Q. In reviewing that transcript in

16 terms of the comments that were made or

17 uttered by you to Greta during that interview,

18 do you have any reason to question the

19 accuracy of those comments?

20 A. As an --

21 Q. The transcript, I should say.

22 A. As an ex -- as a part of the

23 transcript, or an excerpt from the transcript,

24 I believe it's probably accurate.

25 Q. Have you ever gone back and looked


Page 92
1 at the video?

2 A. Yes.

3 Q. When did you do that?

4 A. Last night, I believe.

5 Q. It may be a good time to ask you

6 this question: What did you do in preparation

7 for your deposition testimony today,

8 Mr. O'Quinn?

9 I know you met Mr. Klein but I don't

10 want to go into what you-all discussed, but

11 the fact that you met with him --

12 A. That's it. That's it.

13 Q. Well, you reviewed a video; right?

14 A. Yes.

15 Q. Did you review more than one video?

16 A. No.

17 Q. Just the Greta Van Susteren video?

18 A. Right.

19 Q. Did you review any other documents

20 in preparation for your deposition?

21 A. The complaint.

22 Q. Anything other than the complaint?

23 MR. KLEIN: You don't need to tell

24 him what. You can just tell him --

25 THE WITNESS: Oh, the answer is yes.


Page 93
1 Q. (By Mr. Wood) What other documents

2 did you review in preparation for your

3 deposition other than the complaint?

4 MR. KLEIN: We're not going discuss

5 what our preparation was.

6 Q. (By Mr. Wood) But you're telling me

7 clearly on the record that you did review

8 other records in preparation for this

9 deposition today; true?

10 A. That's my answer.

11 Q. Okay.

12 MR. WOOD: And I believe counsel

13 will instruct you or is instructing you

14 not to answer any question that would

15 seek to identify on this record today the

16 identity or description of those

17 documents; is that right?

18 MR. KLEIN: That would violate

19 the --

20 MR. WOOD: Other than the complaint.

21 MR. KLEIN: Correct.

22 Q. (By Mr. Wood) And we know you

23 reviewed the one video of the Greta Van

24 Susteren interview; right?



Page 94
1 Q. Did your review of that interview

2 cause you to recognize that the partial

3 transcript, in terms at least of what it says

4 you said, was, in fact, accurate?

5 A. I believe so.

6 Q. The partial transcript attached to

7 your complaint -- to the complaint; right?

8 A. I think -- if I understand what

9 you're saying, I believe the answer is yes.

10 Q. Now, was that the only time you

11 spoke with Greta Van Susteren face to face in

12 Florida?

13 A. Yes.

14 Q. Did you have any telephone

15 conversations with her while you were in

16 Florida?

17 A. No.

18 Q. And give me, if you would, your best

19 recollection of how many telephone

20 conversations you had with members of her

21 staff or Fox News about this case, Anna Nicole

22 Smith, while you were in Florida.

23 A. I don't recall any.

24 Q. And is it your testimony that at the

25 time you gave the interview to Greta Van


Page 95
1 Susteren in Florida that you take the position

2 that you were acting within the scope of your

3 engagement with Vergie Arthur, in that part of

4 the engagement you described, in effect being

5 a media spokesperson for her?

6 A. Yes.

7 Q. You had told me earlier that you

8 thought -- we both struggled with it --

9 Mr. Tunstall?

10 A. Right.

11 Q. Yeah, I got it, didn't I?

12 A. My Florida counsel or I was working

13 with him.

14 Q. You believe that he filed papers to

15 have you admitted pro hac vice in Florida?

16 A. You know, I just assume it to be

17 true. I don't know it to be true or not.

18 Q. Well, you're not stranger of being

19 admitted pro hac vice in other states in terms

20 of litigation?

21 A. That's why I assume it. Nobody ever

22 in the courtroom said, including the judge,

23 "Mr. O'Quinn, you can't speak because you've

24 not been yada, yada," so I assume he must have

25 done it. But did I see him do it, no.


Page 96
1 Q. So you -- to this day, do you know

2 whether it was actually done, that being an

3 order entered --

4 A. As a fact?

5 Q. Yes.

6 A. I don't know.

7 Q. So as you sit here today, you're

8 assuming this Mr. Ton --


10 MR. WOOD: Tunstall. Thank you.

11 Q. (By Mr. Wood) -- that Mr. Tunstall

12 took the appropriate steps to have you

13 admitted pro hac vice to appear before of

14 Judge Seidlin?

15 A. I am.

16 Q. And you have been, as you say, on

17 many occasions admitted pro hac vice in other

18 courts in other states around the country?

19 A. On a number of occasions.

20 Q. Yes, sir. I mean, your law practice

21 is one that I think you would describe as a

22 national law practice, is it not?

23 A. Actually, it's primarily a Texas law

24 practice.

25 Q. It is?


Page 97
1 A. Over 90 percent of my cases are in

2 Texas.

3 Q. 10 percent of outside of the Texas?

4 A. I doubt even 10 percent are outside

5 Texas.

6 Q. Where are the other 10 percent if

7 they're not in Texas?

8 A. Mainly New Orleans.

9 Q. So Louisiana and Texas?

10 A. Yeah.

11 Q. You've had litigation in Florida,

12 have you not, other than Vergie Arthur's case?

13 A. Yes.

14 Q. I mean, did you send out any

15 solicitation tapes or information to Florida

16 residents in connection with the ValuJet

17 crash?

18 A. No.

19 Q. Did you engage -- were you engaged

20 by any of the family members with respect to

21 that crash in Florida, the Everglades?

22 A. No, sir.

23 Q. How many other cases have you

24 handled in Florida other than this

25 representation for Vergie Arthur?


Page 98
1 MR. KLEIN: You're talking about him

2 personally?

3 MR. WOOD: Yes.

4 THE WITNESS: My law firm has had I

5 believe one other.

6 Q. (By Mr. Wood) Were you involved in

7 that case in any way?

8 A. No, I've not appeared in any court

9 or any proceeding in that case in Florida.

10 Q. You have never been admitted pro hac

11 vice in any state or federal court in Florida

12 other than Vergie Arthur's case where you

13 assumed you were admitted?

14 A. To my knowledge, the answer is no.

15 Perhaps somebody may have had me admitted on

16 this case I've mentioned on the theory that

17 some day when it goes to trial, I might

18 participate in the trial. But I don't know if

19 it's true or not.



22 Q. (By Mr. Wood) Let me hand you

23 what's been marked for purposes of

24 identification as Exhibit 3, Mr. O'Quinn. You

25 and Mr. Klein take a moment to look at that


Page 99
1 document for me.

2 MR. KLEIN: There's a whole lot of

3 lawyers. We're not in there. I'll feel

4 left out if I'm not.

5 THE WITNESS: If Lin Wood's in there

6 you'll really feel left out.

7 MR. KLEIN: Okay.

8 Q. (By Mr. Wood) Do you recognize

9 Exhibit No. 3?

10 A. No, sir.

11 Q. On the second page of Exhibit No. 3,

12 is that, in fact, your signature, John M.

13 O'Quinn?

14 A. It is not my signature.

15 Q. Who signed that for you?

16 A. I have no idea.

17 Q. Were you aware that someone signed

18 your name to have you appear pro hac vice in

19 this lawsuit against American Airlines, Inc.,

20 and others?

21 A. No, sir.

22 Q. It does, in fact, appear to be a

23 motion for you to appear pro hac vice, John M.

24 O'Quinn, in that litigation in Florida; true?

25 A. Let me tell you something. Things


Page 100
1 refresh my memory. I've now looked at the

2 service list, I see Erin Pottharst's name on

3 there. And I can't recall the name of the air

4 crash, but I did do an airplane case with Erin

5 Pottharst in Miami.

6 Q. Yes, sir. But you read the motion,

7 Exhibit No. 3. The motion is for you, John M.

8 O'Quinn, to be admitted pro hac vice in that

9 Florida litigation, is it not, sir?

10 A. That's what it says.

11 Q. And you don't have any recollection

12 that would deny that, in fact, you did make

13 that motion and were allowed to appear pro hac

14 vice in that case, do?

15 A. Well, I never appeared in court.

16 Q. But you don't deny, sir, that your

17 motion was granted and you were granted pro

18 hac vice privileges in that litigation,

19 whether you appeared in that court or not?

20 A. I don't know whether I was admitted

21 or not. The case was settled without any

22 trial. Without any trial.

23 Q. What is your understanding, sir,

24 from your experience of when you are admitted

25 pro hac vice, for example in the state of


Page 101
1 Florida, what does that, in effect, confer on

2 the Florida court system with respect to you

3 appearing in that system to practice law?

4 A. What does that confer on the court

5 system?

6 Q. On the state of Florida's judicial

7 system or court system?

8 A. I don't know everything it confers

9 but I think it confers -- first you have to

10 have a local counsel. I can't just walk in

11 there alone. And second, I've got to, to the

12 best I can, to follow the rules of Florida.

13 Q. And what about if you do something

14 that in some fashion is in violation of those

15 rules, what is your understanding as to the

16 jurisdiction that Florida has over you after

17 you have been admitted pro hac vice?

18 A. If I violated a rule of Florida,

19 ethical rule let's say, that automatically is

20 a violation of the Texas canons of ethics and

21 I'm subject to discipline in Texas for sure.

22 I don't know what happens in Florida.

23 Q. Are you subject to being

24 investigated in Florida and potentially having

25 your pro hac vice privileges revoked?


Page 102
1 A. I believe the court can revoke my

2 pro hac vice privileges for good cause,

3 whatever that good cause may be.

4 Q. So you recognize that when you

5 submit yourself into another jurisdiction pro

6 hac vice that to some extent you are

7 submitting yourself to the jurisdiction and

8 regulation of that state's judicial system?

9 A. That's a fair statement.

10 Q. And it's an accurate statement,

11 true?

12 A. As far as I know.

13 Q. You said there was a second

14 interview and I believe -- you didn't recall,

15 I suggested Rita Cosby. What is your -- give

16 me your best recollection, Mr. O'Quinn, as to

17 the second interview you did while you were in

18 Florida in connection with your representation

19 of Vergie Arthur.

20 A. It was at the courthouse.

21 Q. Inside the courthouse?

22 A. I'm not sure. It was on the

23 courthouse property.

24 Q. Well, do you think you were inside

25 or outside?


Page 103
1 A. I'm not sure.

2 Q. Who was present?

3 A. I was and if it was Rita Crosby

4 (sic), or whatever the name of the person who

5 did the interview, they were present. Beyond

6 that, I don't know the name of anyone else

7 present.

8 Q. Now, was that a live interview?

9 A. I don't know.

10 Q. So you don't know whether it was

11 live or whether it was being videotaped?

12 A. Correct.

13 Q. Did you ever conduct a press

14 conference outside the courthouse proper but

15 on the courthouse property?

16 A. No.

17 Q. Did you ever participate in any

18 press conference outside the courthouse proper

19 but on the courthouse property?

20 A. Well, yes and no. I do have a

21 memory that Judge Seidlin asked that the

22 parties -- are you nodding about the weather?

23 Q. I'm looking at Mr. Klein and he's

24 got to be in court tomorrow, and I'm shaking

25 my head. I'm not shaking at you. I'll let


Page 104
1 you know if I'm shaking at you. Don't worry.

2 There won't be any doubt about it.

3 A. Let me start over again.

4 My memory is, Judge Seidlin, once he

5 announced his ruling, said, "I'm sure the

6 press wants to talk to y'all about it. I

7 would ask if you'll consider speaking together

8 to the press, and I hope y'all can get along

9 with each other." He said things of that

10 nature.

11 So we were leaving the courthouse,

12 we -- at least I, me, I tell the press, I

13 said, "You may not have heard Judge Seidlin,

14 but I don't want to say anything until we all

15 are together, all the parties and the lead

16 lawyers, and that may have been best done once

17 we get outside the courthouse."

18 That would be my statement.

19 Probably other lawyers are saying the same

20 thing, more or less. Whatever got said, what

21 happened was we all left the courthouse, we're

22 still on the courthouse property, and now the

23 media's all lined up with all their

24 microphones, et cetera, and they asked

25 questions I think of everybody.


Page 105
1 Now, was that a press conference? I

2 don't think that was a press conference, but I

3 have to acknowledge it was at least -- because

4 of what Judge Seidlin said, it was kind of

5 prearranged.

6 Q. Something akin to a press

7 conference? Would that be a fair statement?

8 A. Yeah. It wasn't like we said we

9 were going to hold a press conference.

10 MR. KLEIN: Could we take a break?

11 He's apparently got an urgent phone call.

12 MR. WOOD: Absolutely.

13 VIDEOGRAPHER: Going off the record

14 at 11:15. This concludes Tape No. 2.




18 approximately 11:31. This marks the

19 beginning of Tape No. 3. We're back on

20 video record. You may continue.

21 Q. (By Mr. Wood) Do you -- when you

22 recall the media frenzy, they basically set up

23 what we call a camp out in front of the

24 courthouse where they've got their little

25 areas where the people are broadcasting from


Page 106
1 and then you've got all sorts of huge

2 satellite trucks, did they have those down in

3 Florida during the Seidlin proceedings?

4 A. Some.

5 Q. With respect to your interview on

6 Fox with Greta Van Susteren that we talked

7 about earlier, and I appreciate what you told

8 me, that you weren't knowledgeable on the

9 technical aspects of --

10 A. The broadcast industry, yeah.

11 Q. -- how a broadcast works, and I want

12 to make sure that it's clear. You said

13 earlier that you thought that show was

14 broadcast from New York, right?

15 A. Yes.

16 Q. But as a matter of fact, you do not

17 know whether the satellite feed went out

18 nationally from Florida or whether it was fed

19 into New York to be sent out nationally? As a

20 matter of fact, you don't know, do you, sir?

21 A. I think I do.

22 Q. How?

23 A. Because I've seen a tape of it, of

24 the show.

25 Q. The tape's not going to tell you


Page 107
1 where the satellite feed was sent out from, is

2 it?

3 A. I think so.

4 Q. How? What is it about the --

5 A. It's on the -- it's on the regular

6 channel for her show and it's at the regular

7 time for her show. You shake your head no.

8 Q. No, I don't mean to shake my head

9 "no." I understand you saw a videotape and

10 it's a video of the broadcast interview. And

11 I'm trying to figure out how that tells you as

12 a matter of fact that the interview was sent

13 out -- the satellite feed nationally went out

14 from New York as opposed to that satellite

15 truck sitting down there in Florida. And the

16 fact is you don't know as a matter of fact.

17 You're just assuming that it went out of New

18 York, isn't that the truth, Mr. O'Quinn?

19 A. It's not true.

20 Q. Tell me as a matter of fact how you

21 know that satellite feed went out of New York

22 and not out of that satellite dish down in

23 Florida.

24 A. Because it went out on the Fox

25 channel.


Page 108
1 Q. You don't think they can send out a

2 satellite feed nationally on the Fox channel

3 from Florida with a satellite truck?

4 A. No. The satellite truck sends the

5 feed to New York City.

6 Q. How do you know that?

7 A. Because the satellite truck sends

8 whatever's being done to the satellite and the

9 satellite sends it to New York, Fox in New

10 York.

11 Q. And how do you know that? And I'm

12 not -- I hear you telling me that. But I also

13 heard you tell me you didn't know the

14 technical aspects of certain --

15 A. I know that part of it.

16 Q. You don't think that satellite feed

17 goes directly out to the Fox affiliates via

18 satellite, sir, from Florida? You don't think

19 they have that capability?

20 A. I think it goes out from the -- on

21 the Fox channel through the New York

22 operation.

23 Q. You ever see --

24 A. It's not a local broadcast.

25 Q. I understand that.


Page 109
1 A. It was not a local broadcast.

2 Q. It was a national broadcast. You

3 know that, don't you?

4 A. Yeah. Because people in other

5 places saw it.

6 Q. Yes, sir.

7 A. They turned their TV on and they saw

8 it.

9 Q. Have you ever turned your TV on and

10 watching a live interview and all the sudden

11 they lose the feed? You've seen that happen,

12 haven't you?

13 A. If I understand what -- lose the

14 feed?

15 Q. Yeah, they lose the satellite feed.

16 You've seen that happen, haven't you?

17 A. I'm not sure I have.

18 Q. What do you think those satellite

19 trucks are doing down there? You don't think

20 those satellite trucks have the ability to

21 send out a live feed from Florida to the

22 national network, from Florida? You don't

23 think they have that capability?

24 A. The trucks do not have the

25 capability to send that, as far as I


Page 110
1 understand, to send whatever is being done in

2 Fort Lauderdale. That truck did not have the

3 ability to send that to the TVs in New York

4 City, LA, Seattle, Houston, Texas, yada, yada.

5 Q. Have you spoken with anyone at Fox

6 News that would affirm the correctness of your

7 view of how that satellite feed gets out from

8 Florida to the national Fox affiliates?

9 A. No.

10 Q. Would you concede, sir, that it

11 could be, in fact, a satellite feed nationally

12 out of Florida?

13 A. No.

14 Q. Now, does it go by telephone wire at

15 some point? Does a telephone have anything do

16 with it?

17 A. No, I don't believe so.

18 Q. So it's purely a line to a

19 satellite, and you say a satellite goes up to

20 a satellite, down to a satellite in New York

21 and then it's sent out nationally from a

22 satellite in New York? I don't understand.

23 Explain to me your knowledge of that process,

24 please, sir.

25 A. Fox has through the use of the


Page 111
1 satellite, they have ability to send a show to

2 stations in other cities who are probably

3 wired in to that satellite themselves. I

4 don't think it goes over the telephone lines.

5 It probably goes from Fox broadcasting to a

6 satellite and from the satellite to each of

7 the other cities to get the -- to get the

8 show.

9 Q. Do you know that as a fact, sir, or

10 is that just what you assume in terms of how

11 it works?

12 A. That's what I believe happened, sir.

13 Q. Do you know it as a fact? Do you

14 know the difference between a fact and

15 assumption?

16 Do you have firsthand personal

17 knowledge of how that broadcast feed is

18 distributed to the national television

19 audience?

20 A. I strongly believe that's how it

21 happens.

22 Q. I didn't ask you about your strong

23 beliefs.

24 I'm asking if you have personal

25 knowledge as a matter of fact as to how that


Page 112
1 broadcast feed of your interview with Greta

2 Van Susteren is distributed to the national

3 Fox television network stations.

4 A. I don't know how to better answer it

5 than I've answered it.

6 Q. Do you know the difference, sir, in

7 practicing law between a fact and a belief,

8 don't you?

9 A. There's a difference. Yes, sir.

10 Q. You keep telling me you believe it

11 goes through New York. But as a matter of

12 fact, you don't know that from a personal

13 knowledge standpoint, do you, sir?

14 A. My knowledge is it goes to a

15 satellite that's under the jurisdiction of Fox

16 News and that satellite, if Fox News wants to

17 do it, that satellite sends the -- sends the

18 show to the cities that have stations that

19 carry Fox.

20 Q. But you keep telling me it's

21 broadcast out of New York.

22 A. Well, I meant the people in New York

23 are in control of whether it gets broadcast or

24 not.

25 Q. Well, the people in New York may


Page 113
1 very well be in control in terms of

2 controlling the satellite feed out of Florida

3 and allowing it to go out to all of their

4 affiliate stations; true?

5 A. They are in control.

6 Q. But you don't know whether it

7 actually bounces off a satellite to New York

8 and goes out from New York or whether it goes

9 directly off that satellite feed to the

10 national network from Florida, do you?

11 A. Sir, a guy sitting in a truck in

12 Fort Lauderdale does not have the authority to

13 feed that show to every other city in the

14 country.

15 Q. I'm not talking about the authority,

16 sir. I'm talking about how it actually works.

17 Whoever authorizes it. They set up a

18 satellite feed live from Florida, and you're

19 telling me that the only way that satellite

20 live feed can get to the national viewing

21 audience is for it to go first to New York.

22 And I'm suggesting that you do not know that

23 as a matter of fact, but I do accept that you

24 believe it, even strongly believe it; am I

25 right?


Page 114
1 A. You're not right.

2 Q. So it is a matter of fact that you

3 tell me that it goes to New York?

4 A. Goes under the control of the New

5 York people. They may not be in a building in

6 New York City.

7 MR. KLEIN: Why are we arguing about

8 this?

9 MR. WOOD: Because y'all made --

10 you're making a point --

11 MR. KLEIN: And if we're wrong --

12 MR. WOOD: Well, but you make the

13 point on a motion, and I don't think that

14 you have factual authority for it, for

15 the judge to consider it, and that's why

16 I think it's important.

17 MR. KLEIN: Are you contesting it?

18 MR. WOOD: In terms of New York?


20 MR. WOOD: You know, as a practical

21 matter --


23 MR. WOOD: -- on the law of libel,

24 it's not relevant in my view.

25 MR. KLEIN: That's my question.


Page 115
1 MR. WOOD: Well, but I think it's

2 important to make the record about what

3 the evidence is of this New York

4 connection.

5 MR. KLEIN: That's why I asked if

6 you're contesting it.

7 MR. WOOD: I -- I -- I believe --

8 sure. I believe that the satellite feed

9 goes out nationally from Florida on a

10 live broadcast.

11 MR. KLEIN: Without being run

12 through the national --

13 MR. WOOD: I'm not suggesting they

14 don't monitor and edit and make decisions

15 on it.

16 MR. KLEIN: I'll stipulate with you

17 that it's a live satellite feed out of

18 Florida.

19 MR. WOOD: To a national network --

20 MR. KLEIN: It's a live satellite

21 field that has to go through a national

22 process. No sound truck can beam on

23 their own to an affiliate without routing

24 through --

25 MR. WOOD: You and I -- our state of


Page 116
1 knowledge is not really relevant. I

2 disagree with you. I think they can send

3 it directly to the national Fox

4 network --

5 MR. KLEIN: I agree with that.

6 MR. WOOD: -- and somebody in New

7 York is watching it as it's beamed out of

8 there and they have a time window to beam

9 it out and they can edit it if they want

10 to, but it goes directly from Florida to

11 that national audience.

12 MR. KLEIN: And you don't think that

13 national controls whether the feed --

14 MR. WOOD: Control is irrelevant.

15 The home office doesn't control anything.

16 But the question of whether it

17 physically, as it suggests in your

18 pleadings, has to go from the satellite

19 to New York to then go out to the country

20 I think is just dead wrong.

21 But it really doesn't matter. I

22 think it's a fair question and I want to

23 get it on the record whether Mr. O'Quinn

24 is professing firsthand factual knowledge

25 as to how that broadcast is transmitted


Page 117
1 to the national television audience or

2 whether he's simply telling me his

3 belief. And I think as a clear question.

4 I think I know the answer, but if we can

5 get it on the record, then I think we can

6 move on to another area.

7 THE WITNESS: I've already answered

8 it three times.

9 MR. KLEIN: Well, you understand

10 what his question is? Can I make a

11 suggestion?

12 MR. WOOD: Sure.

13 MR. KLEIN: Just ask him the basis

14 of his belief and we'll go from there.

15 MR. WOOD: Well, I think --

16 Q. (By Mr. Wood) Let's make it clear.

17 Is it a belief or do you have personal

18 knowledge as a matter of fact of how that

19 broadcast is transmitted to the nation?

20 A. I believe it's more than a belief.

21 Q. What is it more than a belief?

22 A. It's common sense also. There's no

23 way that a guy sitting in a truck is going to

24 be able to control that broadcast going to

25 other cities unless it gets into the Fox


Page 118
1 broadcast system and the Fox broadcast system

2 is under the control of people much higher up

3 than that guy sitting in that truck.

4 Q. So you are telling me that's your

5 belief based on your view of common sense;

6 right?

7 A. A, common sense.

8 Q. Anything else?

9 A. B, conversations.

10 Q. Conversations with who?

11 A. Guys that work on those trucks.

12 Q. When?

13 A. Ball games.

14 Q. Did you have any conversations with

15 the people that worked in those trucks when

16 you were down in Florida about how that

17 broadcast was being transmitted?

18 A. No.

19 Q. So with respect to the Fox broadcast

20 at issue, February 21, 2007, the only thing

21 that you have upon which you can base your

22 belief that somehow that -- that was

23 transmitted through New York to be distributed

24 to the national Fox audience or to be

25 broadcast to the national Fox audience is what


Page 119
1 you describe as your view of common sense;

2 true?

3 A. In part.

4 Q. Any other thing besides common

5 sense, Mr. O'Quinn?

6 A. The guys who told me who are

7 operating satellite trucks at ball games.

8 Q. Baseball games? Football games?

9 A. Yeah.

10 Q. But not this particular broadcast?

11 A. That's true.

12 Q. And were those Fox people or were

13 they other networks?

14 A. Network people. I can't recall

15 which network.

16 Q. So do you think that there's a delay

17 in the transmission of the -- you know, if

18 you're sitting there talking to Greta, do you

19 think there's a delay, for whatever reason,

20 before that interview is actually seen by the

21 public, common sense?

22 A. On a common sense level, I think --

23 I never thought -- there may be a delay.

24 Q. Well, doesn't there have to be?

25 A. Yeah, because suppose if something


Page 120
1 like a naughty thing is said, they're supposed

2 to clip it out. If one of the guys starts

3 using "MF," words like that, I think there's a

4 way that the guy can -- they can sensor

5 themselves. There's a way they can say we

6 gotta bleep that or cut it off or something.

7 Because if it doesn't happen, then they've got

8 the FCCC -- FCC that I think has the power,

9 from what I understand, to climb all over the

10 network and say how could you have your guy,

11 let's say, Greta Van Susteren, your person,

12 your lady, say, "What do you think about the

13 MF guy?"

14 Q. So common sense tells you there's

15 some delay, however --

16 A. Yeah.

17 Q. -- brief?

18 A. There's another reason common sense.

19 I don't think the guy in the truck can send

20 that feed all by himself.

21 Q. So that you would admit that the

22 first person that heard your statements in

23 that interview would have been Greta Van

24 Susteren; true?

25 A. Probably.


Page 121
1 Q. They were first published to Greta

2 Van Susteren; true?

3 A. Probably.

4 Q. In Florida; true?

5 A. Yes.

6 Q. Now, did you ever give an interview

7 sitting inside of a sound truck?

8 A. No.

9 Q. Are you sure about that?

10 A. I don't recall doing it.

11 Q. Can you explain why you make that

12 representation in your pleadings in this case?

13 A. I think there was a -- I did not

14 write the pleading.

15 Q. So a misunderstanding, perhaps?

16 A. I think it's a misunderstanding.

17 Q. Okay. You've given me your

18 recollection. It's clear that it was

19 somewhere outside the courthouse sitting with

20 Greta, not in a sound truck?

21 A. Correct. Near a sound truck.

22 Q. Near one?

23 A. But not in the sound truck.

24 Q. All right. So that for the purposes

25 of the -- of a clear record and corrected


Page 122
1 record, you did not -- you do not have any

2 recollection of ever giving and interview in

3 Florida while sitting inside of a sound truck;

4 true?

5 A. True.

6 Q. You recall the interview with Greta

7 and you recall giving an interview, answering

8 questions to Rita Cosby, I believe you said as

9 you were going up the courthouse steps or in

10 front of the court how?

11 A. My memory is I told you I couldn't

12 tell you whether it was inside the courthouse

13 or outside the courthouse, but I do recall it

14 was on the courthouse property.

15 Q. Did you actually stop and speak with

16 her and she had that mike and put it in front

17 of you to talk after she asked the questions?

18 A. I think -- boy, this is a real

19 stretch here. My memory's not really solid.

20 So I'm really speculating now; okay? But I

21 think because of the way things generally

22 happen, she wanted to interview me while I was

23 getting to court, but I always wanted to

24 get -- first get in the courtroom, get Vergie,

25 my client, in the courtroom in her chair, and


Page 123
1 to find out from the staff when the judge was

2 going to be walking out there because I don't

3 like to walk in the courtroom late. I'm sure

4 you don't either. And so then the staff told

5 me, "Yeah, the judge probably won't be out

6 here for 15 minutes." I said, okay. Then --

7 this -- I'm just guessing, okay? And I would

8 have told the staff, "Well, look, I'm going to

9 go down the hall here and answer some

10 reporters' questions. If for some bizarre

11 reason the judge walks in in two minutes,

12 let's say, would you please tell him that I'm

13 not -- not here because I'm being insultive to

14 him, and send one of my colleagues out to find

15 me so I get myself back here immediately."

16 I think that's the way it went.

17 Now, it may -- it may have gone she wanted to

18 interview me and I said, "Look, I'll see you

19 at the end of the day or when we go to a lunch

20 break. I'll do it then. But I want it get to

21 court right now." And it may have been that

22 we were now leaving court for lunch and/or to

23 go back to the hotel and she's over --

24 remember, remember me, and, you know, and I

25 did tell you.


Page 124
1 Q. Rita Cosby's not going to have a

2 reputation for being less than persistent?

3 A. Yes, and she was persistent. So it

4 may have happened that way, okay. Then that

5 could have well been outside the courthouse.

6 Q. Your best recollection is that it

7 was outside the courthouse?

8 A. I really don't have a best

9 recollection.

10 Q. Were they allowing interviews inside

11 the courthouse?

12 A. Yeah, I think so.

13 Q. Not in the courtroom?

14 A. Oh, no.

15 Q. But in the hallways?

16 A. Yeah. The media -- the media owned

17 the courthouse. The judge had them all over

18 the courtroom. They weren't there to

19 interview people. They were there to listen

20 to him.

21 Q. Have you looked at a video of that

22 interview with Rita Cosby?

23 A. I've never seen it.

24 Q. Have you looked at the partial

25 excerpt of your comments that appear in the


Page 125
1 complaint, of the transcript?

2 A. No. I probably did when I read the

3 complaint but not recently.

4 Q. Do you recall, in reviewing it,

5 believing that that portion of the transcript

6 that was recited in the complaint was

7 inaccurate in terms of what you said to Rita

8 Cosby?

9 A. Look, I don't know whether it's

10 accurate or not.

11 Q. You don't have any basis, as you sit

12 here today at least, to tell me it was

13 inaccurate, do?

14 A. Or tell you it was accurate.

15 Q. But what -- and you can't tell me

16 whether that interview was live or something

17 that was videoed and taped for later

18 broadcast? Didn't you tell me earlier you

19 didn't know whether it was live or not?

20 A. True.

21 Q. But in either event, if it was live

22 or certainly if it was taped for later

23 broadcast, the first person who heard you

24 utter the words in that interview would have

25 been Rita Cosby; true?


Page 126
1 A. Probably.

2 Q. Published first to Rita Cosby in the

3 state of Florida; true?

4 A. Probably. I don't know for sure

5 because I don't know if it was an instant live

6 deal or not.

7 Q. But your best belief and

8 recollection is that it would be true, first

9 heard by Rita Cosby in Florida?

10 A. I'd say probably true.



13 Q. (By Mr. Wood) The court reporter is

14 going to hand you what's been marked for

15 purposes of identification, Mr. O'Quinn, as

16 Exhibit No. 4. Let you and Mr. Klein take a

17 look at that, Mr. McCabe.

18 Are you familiar with Exhibit 4,

19 Mr. O'Quinn?

20 A. And your question is?

21 Q. Are you familiar with that document?

22 A. I believe I've seen it before.

23 Q. And that's Don Clark who was -- he

24 he's a former FBI agent?

25 A. He is.


Page 127
1 Q. And he was the investigator working

2 with you that we've talked about earlier, Don

3 K. Clark; true?

4 A. Yes.

5 Q. And were you aware that he sent this

6 letter to M. Krista Barth as part of your

7 representation of Vergie Arthur?

8 A. I am aware that he sent this letter.

9 Q. Now, he's not a lawyer, is he?

10 A. No, sir.

11 Q. Doesn't have a law degree, does he?

12 A. No, sir.

13 Q. What was the purpose of this letter,

14 as you understood it?

15 A. I assume the purpose is what's in

16 the letter.

17 Q. What did you understand that he was

18 saying to Ms. Barth on behalf your client,

19 Vergie Arthur?

20 A. He was saying what's in this letter.

21 Other than that, the words are pretty plain

22 English words and you can pretty well tell

23 what he's saying.

24 Q. Well, can we agree that it appears

25 that he is telling Ms. Barth that she has made


Page 128
1 comments to the media in interviews about

2 Vergie Arthur and that The O'Quinn Law Firm is

3 considering filing a lawsuit against her for

4 defamation and potentially filing some action

5 with the Florida Bar with respect to ethics?

6 A. He says that.

7 Q. And you've read the letter. Is

8 there anything in that letter that you

9 disagree with as the attorney for Vergie

10 Arthur?

11 A. Your question again?

12 Q. Is there anything in that letter

13 that you disagree with, understanding that you

14 are the attorney for Vergie Arthur?

15 MR. KLEIN: That's a yes-or-no

16 question, John, because after that I'm

17 going to start asserting some objections.

18 THE WITNESS: No.

19 Q. (By Mr. Wood) Were you aware that

20 that letter was going to be sent to Ms. Barth

21 in Florida?

22 A. No.

23 Q. Do you see where it was apparently

24 sent to the Florida Bar in Tallahassee,

25 Florida, and the Office of Attorney General


Page 129
1 Bill McCollum in Tallahassee, Florida?

2 A. I see that at the bottom of the

3 letter. I don't know whether it was sent or

4 not.

5 Q. Well, based on your firm's ordinary

6 practices, would it be your belief that, in

7 fact, showing cc's to the Florida Bar in

8 Tallahassee and the Office of Attorney General

9 Bill McCollum in Tallahassee that in

10 likelihood that it was sent to those

11 individuals?

12 A. I would believe that.

13 Q. And did you ever see the letter that

14 was written back by Ms. Barth to Mr. Clark?

15 A. I don't recall it. May I see it?

16 Q. Sure. Exhibit No. 5.



19 Q. (By Mr. Wood) Are you familiar

20 Exhibit No. 5?

21 A. Let me read it, please. Please

22 repeat your question.

23 Q. Are you familiar with Exhibit No. 5?

24 A. I don't recall it.

25 Q. You don't recall ever seeing that


Page 130
1 before today?

2 A. No, sir.

3 Q. You see the first sentence, "I am in

4 receipt of your letter sent via e-mail to me

5 today"? The date of Ms. Barth's letter is

6 March 20, 2007. Are you with me so far?

7 A. I am with you.

8 Q. Exhibit 4 is undated. My question

9 is do you have any reason to dispute,

10 factually, that Mr. Clark sent Ms. Barth

11 Exhibit No. 4 on March the 20th, 2007, via

12 e-mail?

13 A. I have no reason factually to agree

14 or disagree with what you just said.

15 Q. And then back to Exhibit No. 4,

16 please, sir.

17 MR. KLEIN: Can we take a moment,

18 please?

19 MR. WOOD: You want to take a break?

20 MR. KLEIN: Yes.


22 12:02.





Page 131
1 approximately 12:06. We're back on video


3 Q. (By Mr. Wood) On Exhibit No. 4, the

4 third paragraph, sir, if you'll read with me,

5 "I am sure you are aware that the Florida

6 Rules of Professional Conduct and the Lawyer's

7 Creed would not sanction your conduct in the

8 very matter where the cause of the deaths of

9 two family members has yet to be determined."

10 Have I read that correctly?

11 A. I believe so.

12 Q. And do you have any reason to

13 disagree with the accuracy of that statement

14 in this letter as of its date, March 20, 2007?

15 MR. KLEIN: This is where we're

16 drawing the line. I've let him answer

17 the questions. I've given you the

18 benefit of the doubt that this is somehow

19 related to the -- the jurisdictional

20 issue as to what services were or were

21 not performed by John. I'm not going to

22 have him commenting on the merits of

23 statements that are written in letters,

24 anything that goes to the liability

25 issues in the case. The letter speaks


Page 132
1 for itself, and I don't believe it's

2 appropriate for a jurisdictional

3 deposition.

4 MR. WOOD: Well, just for the

5 record, and, again, I don't want to get

6 into too much colloquy here --

7 MR. KLEIN: Sure.

8 MR. WOOD: -- but this seems to me

9 to be at least susceptible to the Court

10 drawing the reasonable inference from it

11 that making statements to the media in a

12 matter where the cause of the death of

13 two family members has not yet to be

14 determined has been admitted by The

15 O'Quinn Law Firm's agent as being a

16 matter that would not be sanctioned by

17 the Florida Rules of Professional Conduct

18 and the Lawyer's Creed and Mr. O'Quinn

19 having been admitted pro hac vice to

20 Florida, and at least being alleged to

21 have done at least a similar act with his

22 comments about Mr. Stern in the media,

23 would go to the issue of jurisdiction of

24 Florida to deal with this situation.

25 And I think I'm right. And I think


Page 133
1 I'm entitled to get the answer yes or no

2 whether he believes there's anything

3 inaccurate about that because it relates

4 to the Florida Rules of Professional

5 Conduct.

6 MR. KLEIN: And I certainly don't

7 want to interrupt you. Were you done?

8 MR. WOOD: Yeah.

9 MR. KLEIN: I certainly expect that

10 you'll make that argument. I certainly

11 expect you'll append this to your

12 responses, and we can join issue at some

13 point as a matter of law and fact whether

14 or not that's accurate or even relevant

15 to the jurisdictional issues. His

16 personal opinions and beliefs at this

17 point don't bear on that issue. And

18 that's why I've said that I want to avoid

19 turning this into a deposition on the

20 merits of the case.

21 MR. WOOD: I understand. And that's

22 why I'm limiting this to that portion of

23 the -- this letter, in part, if not in

24 its entirety, threatens action in Florida

25 by Mr. O'Quinn and his law firm against


Page 134
1 Ms. Barth.

2 MR. KLEIN: Well, we can agree to

3 disagree.

4 MR. WOOD: Well, "take whatever

5 legal actions necessary through the

6 Florida courts and the Florida Bar

7 Association."

8 MR. KLEIN: And, Lin, I don't want

9 to argue.

10 MR. WOOD: But one of the issues is

11 whether or not there are any contacts

12 that might cumulatively lead the Court to

13 conclude that Mr. O'Quinn should

14 reasonably understand that he may be held

15 himself to a Florida court.

16 MR. KLEIN: And the reason I said

17 I've already given you latitude is this

18 letter is not by Mr. O'Quinn. This

19 letter is by somebody employed by the

20 O'Quinn firm. The O'Quinn firm is not a

21 defendant here.

22 The question is whether Mr. O'Quinn

23 personally conducted activities that

24 would justify haling him into court. You

25 can certainly make the argument, which is


Page 135
1 why I allowed the latitude, that to the

2 extent this was done under the auspices

3 of his firm or Mr. O'Quinn himself or

4 whether he had or did not have knowledge

5 of it, that's why I allowed that much

6 latitude, but to go beyond that into the

7 merits of what's said in the record, I

8 don't think it either necessary or

9 appropriate for jurisdictional.

10 MR. WOOD: Understanding that we

11 disagree, I believe it is a

12 jurisdictional question. And you

13 disagree.

14 MR. KLEIN: I do.

15 MR. WOOD: The federal laws do not

16 allow you to make an instruction to a

17 witness to not answer a question.

18 MR. KLEIN: I fully understand that.

19 We can adjourn the deposition. I don't

20 want --

21 MR. WOOD: Or we can get an answer

22 and then if you believe it's beyond the

23 scope the judge won't let me use it,

24 which seems to me to be the more

25 sensible, economic way to do it.


Page 136
1 MR. KLEIN: The third option is to

2 adjourn the deposition --

3 MR. WOOD: Which would make no sense

4 to any of us.

5 MR. KLEIN: If you move on to

6 another area. This is a very limited

7 area of questioning. We can get a ruling

8 from the Court as to whether or not this

9 is an area that is appropriate

10 questioning at this point. Because I

11 don't intend to let John sit here when

12 I've not prepared --

13 MR. WOOD: I don't mean to be rude.

14 I think I already have, if I -- it just

15 dawned on me that I have probably asked a

16 question to him just a few questions back

17 that covers the very specific but more

18 general area that I'm asking about. Hold

19 on.

20 I'm going to withdraw the question.

21 We'll move on. I think I got it in

22 another question in the deposition.

23 Q. (By Mr. Wood) Do you have any

24 knowledge -- first-, second-, third-hand --

25 any knowledge whatsoever, Mr. O'Quinn, has as


Page 137
1 to how Exhibit No. 4, the letter that

2 Mr. Clark sent on your law firm's letterhead

3 in connection with its client, Vergie Arthur,

4 as to how that letter got posted on an

5 Internet website?

6 A. No.

7 Q. Have you or your firm had any

8 involvement whatsoever in creating or

9 providing information to any website that

10 discusses the Anna Nicole Smith case?

11 A. Not to my knowledge.

12 Q. Is HowardSternamurderer.com, (sic)

13 have you ever seen that website?

14 A. No, sir.

15 Q. Or heard about it --

16 A. No.

17 Q. -- or heard about that address?

18 A. No.

19 Q. And you would have no knowledge

20 whatsoever as to how that letter got posted on

21 this website? Is that your testimony?

22 A. I don't even know it's posted.

23 Q. But assuming that I'm right or

24 assuming it's true it was posted --

25 A. I don't even know if it was posted.


Page 138
1 Q. So you have no knowledge?

2 A. So obviously I have no knowledge.

3 MR. WOOD: Why don't we take a break

4 now and let him go ahead and switch

5 tapes. Let's take a break and we'll stay

6 on the same tape.


8 12:14.





13 No. 3. Off the video record.







20 Q. (By Mr. Wood) I apologize. I meant

21 to look while we were on break, I thought you

22 had told me earlier in the deposition,

23 Mr. O'Quinn, that you thought you had given

24 one print interview while you were in Florida?

25 A. I probably said that.


Page 139
1 Q. Do you recall giving a print

2 interview while you were in Florida?

3 A. I think I gave one.

4 Q. And who do you believe that was

5 given to?

6 A. Don't -- don't recall.

7 Q. Where was it conducted?

8 A. In the courthouse or on the

9 courthouse property -- or on the courthouse

10 property.

11 Q. Local newspaper?

12 A. No.

13 Q. Was it a newspaper?

14 A. Not sure.

15 Q. What was the subject matter of that

16 print interview?

17 A. The events of the day, how the case

18 was going.

19 Q. I'm assuming, but perhaps I'm

20 assuming incorrectly, but I'm assuming that

21 Vergie Arthur would have been besieged with

22 efforts by the members of the media to gain

23 access to her or to get her to give

24 interviews?

25 A. I would assume the same.


Page 140
1 Q. How many members of the media do you

2 believe you spoke with, even if only to say

3 that you were not going to comment or she had

4 no comment or you weren't going to do an

5 interview, while you were in Florida?

6 A. Many.

7 Q. In trying to calculate "many," I'm

8 sure you received numerous requests from the

9 same entities or individuals; right?

10 A. As you said earlier, some of them

11 are very persistent.

12 Q. I know Rita Cosby is.

13 A. They don't understand the word "no."

14 Q. Over the course of the two weeks you

15 were in Florida, would it be fair to say that

16 you probably had to field media inquiries, and

17 I'm not talking about giving interviews, print

18 or broadcast, but just fielding and handling

19 media inquiries, that that would number at

20 least in the hundreds?

21 A. It would be a total guess on my

22 part. If you include, which I think you're

23 including, where somebody in the media tried

24 to get me to do an interview --

25 Q. Yes.


Page 141
1 A. -- and I said, "No comment," if

2 you're including that event.

3 Q. Yes. I'm talking about the number

4 of times somebody -- you had to speak to

5 somebody in the media about their -- its

6 request for an interview, his or her request

7 for an interview, or a comment or a statement.

8 A. Okay. There would be many times.

9 How many would be a complete guess on my part.

10 Q. Would they call you on the -- at the

11 hotel?

12 A. That wasn't the main way. Maybe a

13 few times.

14 Q. What was the main way they would

15 call you?

16 A. See me at the courthouse or going to

17 the courthouse or coming from the courthouse.

18 Q. All in Florida?

19 A. Yeah.

20 Q. So given the crush that you

21 described, would it be fair, you believe, to

22 say that it was at least over a hundred?

23 A. I can't say it was over a hundred.

24 I would say it's over 50.

25 Q. Where -- what office -- where were


Page 142
1 you working out of in terms of physical

2 location while you were here?

3 A. Generally, I worked out of the

4 hotel, worked in the hotel. Sometimes I'd be

5 at Mr. Tunstall's office. It was more or less

6 that.

7 Q. Would it be fair to say that you

8 made numerous telephone calls from Florida

9 that related to your representation of Vergie

10 Arthur?

11 A. No.

12 Q. Did you make any phone calls from

13 Florida in connection with your representation

14 of Vergie Arthur?

15 A. Well, in connection with. For

16 example, I would call my secretary to do

17 things like tell her whether I was planning to

18 come in on the weekend or not and for numerous

19 other reasons, like who's phoned me today,

20 what's urgent going on in Houston that I need

21 to maybe find some way to take care of. There

22 were those kinds of phone calls.

23 As far as calling somebody other

24 than my secretary, I might, like, call

25 Mr. McCabe if he wasn't in Florida, either


Page 143
1 look something up or go see Mr. Klein about

2 being our appellate lawyer, stuff like that.

3 Q. Was Mr. McCabe in Florida at various

4 times during the Seidlin proceedings?

5 A. Yes.

6 Q. I know you were there, Don Clark was

7 there, Mr. McCabe was there. Anyone else from

8 The O'Quinn Law Firm that was present

9 physically in the state of Florida in

10 connection with the firm's representation of

11 Vergie Arthur?


13 Q. I asked you earlier on but I need to

14 get a precise answer now, The O'Quinn Law

15 Firm, how is it set up as a legal entity?

16 A. This is what I've already told you.

17 Q. Yeah. And let me just -- this is

18 what I need to find out and I don't mean to

19 make it sound like a threat, it's an inquiry.

20 If someone were going to sue The

21 O'Quinn Law Firm, what would be the proper

22 entity to be sued?

23 A. An entity that has my name in it and

24 I think it also has the letters "LLP" or "LLC"

25 in it.


Page 144
1 Q. So it would be The O'Quinn Law Firm,

2 LLP or The O'Quinn Law Firm, LLP (sic)?

3 A. John O'Quinn.

4 Q. John O'Quinn, LLP or John O'Quinn,

5 LLC, it's one of the two?

6 A. I believe so.

7 Q. So it would really be John O'Quinn,

8 either LLP or LLC, doing business as The

9 O'Quinn Law Firm? Does that sound right?

10 A. Yes. Also the part about John

11 O'Quinn LLP, I believe it's John O'Quinn &

12 Associates.

13 Q. John O'Quinn & Associates, LLP,

14 doing business as The O'Quinn Law Firm?

15 A. That's not the way it's listed, I

16 don't think.

17 Q. I'm just looking -- you do business

18 as The O'Quinn Law Firm? I see that's what's

19 on your reception area and that's what's on

20 your letterhead.

21 A. This law firm does business under

22 the name of The O'Quinn Law Firm.

23 Q. What's the entity -- the legal

24 entity?

25 A. The one I just described to you.


Page 145
1 Q. John O'Quinn & Associates, LLP?

2 A. Or.

3 Q. Or LLC, you're not sure which?

4 A. Correct.

5 Q. Okay. But that would be registered

6 with the State of Texas?

7 A. Yes.

8 Q. Who is Tom Pirtle?

9 A. He's a lawyer.

10 Q. Was he out there in Florida at any

11 time working with you?

12 A. Yes.

13 Q. Who was -- what law firm was he

14 with?

15 A. Laminack, Pirtle & Martinez.

16 Q. Why was he involved in the Vergie

17 Arthur case, since he was no longer working

18 for The O'Quinn Law Firm, I take it?

19 A. Because he wanted to be involved.

20 Q. Why did he want to be involved?

21 A. Because he cared very much about

22 Ms. Arthur and her position in the case.

23 Q. But you didn't know Vergie Arthur

24 before you were approached by the FBI agent;

25 right?


Page 146
1 A. True.

2 Q. And you don't recall the FBI agent's

3 name?

4 A. No, except he was the son of

5 Ms. Arthur.

6 Q. Did you know him prior to his

7 approach to you about representing Ms. Arthur?

8 A. I don't believe so. I may have met

9 him incidentally, but I don't believe so.

10 Q. How far into the process did

11 Mr. Pirtle get involved?

12 A. At times he actually participated in

13 the proceedings.

14 Q. On his own or on behalf of the

15 O'Quinn law firm?

16 A. On behalf of Vergie Arthur.

17 Q. Yeah. But I'm talking about in

18 terms of his -- was he working -- was he

19 associated by you, your law firm, to work on

20 the case?

21 A. He was associated by Mrs. Arthur.

22 Q. So he would have an engagement

23 directly with Ms. Arthur?

24 A. I don't know the details of that.

25 Let me say that he and I, we're in the same


Page 147
1 building as you've already noticed; correct?

2 Q. Sure.

3 A. And we, from time to time, talked

4 and from time to times talked about what we're

5 working on, which is natural. I may say,

6 "Tom, what interesting cases are you working

7 on right now?" He said, "John, what

8 interesting case are you working on?"

9 "Tom it's a very unusual case for

10 me," and I started describing it to him. And

11 after I described it to him, he said I'd like

12 to work on that case too. I said, well, you

13 need to meet Ms. Arthur and get her okay.

14 Q. And did you arrange for them to

15 meet?

16 A. Yes.

17 Q. And where did they first meet, Texas

18 or Florida?

19 A. Texas.

20 Q. Did they ever meet -- well, they

21 obviously met in Florida?

22 A. Yeah.

23 Q. So that would have been before the

24 Seidlin hearings began?

25 A. No. During the Seidlin -- no, that


Page 148
1 could have been before. I'm not sure.

2 Q. Is it possible that he flew out to

3 Florida and met with you and Ms. Arthur in

4 terms of being engaged to assist in the case?

5 A. I think it was otherwise.

6 Q. You think it was in Texas?

7 A. Yeah.

8 Q. Did you ever talk with a gentleman

9 while you were in Florida by the name of David

10 Lee with Splash?

11 A. What did you say?

12 Q. Did you ever speak, while you were

13 in Florida, with a gentleman by the name of

14 David Lee --

15 A. You said something else.

16 Q. -- associated with Splash?

17 A. Well, here's my problem. Many

18 people tried to speak to me. Even if I said,

19 "No Comment," I guess I've spoken to them. I

20 don't know.

21 Q. How about with any representatives

22 of American Media, Inc., that would be the

23 corporate entity that owns National Enquirer,

24 Globe, National Examiner, Star?

25 A. Same answer. A lot of people tried


Page 149
1 to speak to me.

2 (Mr. Pirtle entered the deposition

3 room.)

4 MR. PIRTLE: I brought you two ham

5 sandwiches and a tuna salad.

6 THE WITNESS: There's Mr. Tom

7 Pirtle. How you doing, Tom? This is

8 Mr. Klein, remember him?

9 MR. KLEIN: Hey, Tom.

10 MR. PIRTLE: I know Rob Klein.

11 THE WITNESS: That's Mr. Lin Wood.

12 MR. PIRTLE: Hi.

13 MR. WOOD: How are you, sir?

14 MR. PIRTLE: I'm Tom Pirtle.

15 MS. BARTH: Hi, Tom. You know me.

16 MR. PIRTLE: I do know you.

17 MS. BARTH: You do know me.

18 MR. PIRTLE: I didn't think anybody

19 here would know me. I'm going to sit

20 here and watch. I'm of record.

21 MR. WOOD: Okay. Of record doing

22 what? I didn't catch your name. I

23 apologize.

24 MR. KLEIN: This is the Tom Pirtle

25 you were talking about.


Page 150
1 MR. WOOD: Oh, you're Tom Pirtle.

2 THE WITNESS: The last question

3 concerns you.

4 MR. PIRTLE: You should have said my

5 name three times --

6 MR. WOOD: Three times anywhere.

7 I'm going to be in my office in Atlanta

8 and say Tom Pirtle three times and see if

9 you appear.

10 THE WITNESS: I'm going to ask

11 somebody to read back the last question

12 and last answer where I said something

13 real nice about you.

14 MR. WOOD: Well, we were trying to

15 figure out where you first met

16 Ms. Arthur, whether it was flying out to

17 Florida and met her the first time there

18 or whether it was in Texas.

19 MR. KLEIN: Don't start testifying.

20 MR. WOOD: That was what we were

21 asking about.

22 THE WITNESS: Be quiet.

23 MR. PIRTLE: Okay.

24 MR. WOOD: It was a good try.

25 THE WITNESS: Your deposition is not


Page 151
1 being taken.

2 MR. WOOD: Not today. I think I had

3 a question on the floor. Let's see if we

4 got it.

5 MR. KLEIN: You do, about the

6 American --

7 THE WITNESS: Right. It's the same

8 answer, Mr. Wood. I can't swear that I

9 didn't speak at least briefly to that

10 person. I don't have any memory of doing

11 something with the National Enquirer. I

12 think if -- if I had given an interview

13 to National Enquirer, I'd remember that

14 because it's such a famous name, you know

15 what I mean. And, frankly, because it's

16 not somebody I would probably want to

17 give an interview to because, without

18 trying to comment on everybody, I just

19 don't have much respect for that

20 publication. That's just me talking. I

21 know a lot of people read that

22 publication.

23 Q. (By Mr. Wood) Did you ever fax out

24 a copy of the wills, Anna Nicole Smith's

25 wills, to any entity from Florida?


Page 152
1 A. No.

2 Q. You're positive of that?

3 A. Yes.

4 Q. And did anybody at your direction or

5 request fax out the will to anyone from

6 Florida?

7 A. No.

8 THE WITNESS: How you doing, Tom.

9 MR. PIRTLE: I'm doing good.

10 THE WITNESS: Isn't this stinking

11 weather.

12 MR. PIRTLE: I'm thinking Pebble

13 Beach.

14 THE WITNESS: Hey, you going?

15 MR. PIRTLE: I'll come out later.

16 THE WITNESS: Good, we'll have a

17 good time. We're going to have a good

18 time.

19 Q. (By Mr. Wood) Do you have any

20 recollection of being in an automobile with

21 David Lee and Ms. Arthur going over to the

22 medical examiner's office?

23 A. Me?

24 Q. Yes, sir.

25 A. No.


Page 153
1 Q. Let me look and see if I got an

2 answer to this. I was trying to make sure I

3 covered everybody from the law firm that was

4 over there.

5 A. You did.

6 Q. It was Mr. McCabe, you and your

7 investigator; right?

8 A. Right.

9 Q. No one else?

10 A. Not to my memory. If y'all can

11 describe it in some way, I might help you, but

12 that's my memory.

13 Q. Did Don Clark associate anyone to

14 help out in his investigation?

15 A. Not to my knowledge.

16 Q. You never met anyone by the name of

17 Wilma?

18 A. One more time? What?

19 Q. Did you ever meet anyone by the name

20 of Wilma that was in any way assisting

21 Mr. Clark?

22 A. No. Is that a female name?

23 Q. It sounds like it to me.

24 A. But no.

25 Q. Just reading my note.


Page 154
1 A. No.

2 Q. You've given me the print interview,

3 everything you remembered about it; right? It

4 candidly wasn't much but you know you gave a

5 print interview in Florida?

6 A. No. I never said -- see, this is

7 what's bothering me about this deposition.

8 Q. Tell me what that is.

9 A. You ask me a question, I give you an

10 answer, and then ten minutes later you ask me

11 the same question, you load it up with a

12 different answer than I gave you.

13 Q. You don't think I tried to load it

14 up to be anything inaccurate?

15 A. Some lawyers like to see if they can

16 get an answer they want.

17 The answer, sir, for the third time

18 on this subject is I think I may have given an

19 interview to print media. I'm not sure.

20 Q. Well, let's just see, because I just

21 want to find out, sir, how many interviews you

22 gave in your role as media spokesman for

23 Vergie Arthur while you were in Florida.

24 You told me for sure you gave one to

25 Rita Cosby. You told me for sure you gave one


Page 155
1 to Greta Van Susteren. You tell me now you

2 may have given one to some member of the print

3 media; right?

4 A. Right.

5 Q. Now, I don't want to load this up

6 for you, please, sir. I just want an answer.

7 A. I gave you the answer.

8 Q. Let me ask you. Did you give any

9 other interviews or participate in any other

10 interviews in Florida other than the two you

11 say you remember and the one you say you may

12 have given?

13 A. No.

14 Q. How is it that you are -- that you

15 are confident to say no?

16 A. That's my memory.

17 Q. Is there any chance that you gave

18 other interviews that you may not recall, as

19 you sit here today, while you were in Florida?

20 A. Possible, yes. I guess it's

21 possible.

22 Q. I mean, do you recall ever giving

23 any interviews to Court TV while you were in

24 Florida?

25 A. No.


Page 156
1 Q. I think you've told me that you

2 had -- you and your law firm had no role in

3 negotiating any types of deals for Vergie

4 Arthur with any member of the media?

5 A. I've already said that.

6 Q. I think you told me you did not;

7 right?

8 A. Yeah.

9 MR. KLEIN: He did. Just about two

10 hours ago.

11 MR. WOOD: I thought I remembered it

12 correctly. I just wanted to make sure.

13 MR. KLEIN: Am I missing something

14 or do you not have those transcripts

15 coming up on your computer screen?

16 MR. WOOD: I have the transcript but

17 I didn't -- in trying to move it along, I

18 didn't want to take the time to go back

19 and scroll and find it.

20 MR. KLEIN: I may not be as accurate

21 as your computer, but my recollection is

22 you did.

23 THE WITNESS: You did.

24 MR. WOOD: It's mine too.

25 Just so I've made this record, Rob,


Page 157
1 would you identify for me the names and,

2 if known, the addresses of any witness

3 interviewed by Mr. Clark in Florida in

4 connection with your firm's


6 MR. KLEIN: And we've said that's

7 part of privilege, although I believe he

8 already answered that he didn't have any

9 knowledge as to who he may have

10 interviewed. In other words, I don't

11 want to make a record on something that's

12 going to be academic --

13 THE WITNESS: I thought we just had

14 a conversation he could ask about the

15 scope of certain things but not about who

16 he interviewed.

17 MR. KLEIN: Right. And all I'm

18 suggesting is if you didn't know, I don't

19 want to make a federal case, literally --

20 MR. WOOD: Of who he interviewed in

21 a federal case.


23 Q. (By Mr. Wood) Do you know who he

24 interviewed?

25 A. No.


Page 158
1 MR. KLEIN: That's -- that's my

2 point.

3 Q. (By Mr. Wood) Did you ever meet --

4 did you ever meet with Ford Shelly?

5 A. Name came up in the proceedings. I

6 never met with him in any sense of the word

7 "meet" with the guy. If he showed up in the

8 courtroom and said hello to me, I may have

9 said hello to him, but I don't remember that

10 happening. I do remember his name came up in

11 the course of the proceedings. I don't know

12 whether it came up because he was a witness or

13 it came up because somebody said that he had

14 done something. That's about all I remember

15 about that.

16 Q. Did you ever meet in Florida with

17 Debra Opri, the attorney for Mr. Birkhead,

18 outside of being in the courtroom with her?

19 A. No.

20 Q. Did you send or receive any e-mails

21 while you were in Florida that related to your


23 A. I sent none.

24 Q. Did you receive any?

25 A. I doubt it.


Page 159
1 Q. Why do you doubt it?

2 A. Because I am e-mail ignorant. I'm

3 under oath, am I not?

4 Q. I'm sorry?

5 A. I'm under oath. I am e-mail

6 ignorant. I'm not proud of that fact, but I

7 grew up in a different generation. We didn't

8 even have handheld calculators when I grew up.

9 Q. Let me suggest to you --

10 A. We used slide rules.

11 Q. You're not that much older than I

12 am. How would are you?

13 A. Don't worry about it. I'm old

14 enough to be able to make that statement.

15 It's the truth.

16 Q. That may be a virtue of the e-mail.

17 So the answer is you didn't have --

18 do you have an e-mail address?

19 A. No.

20 Q. That probably says that you didn't

21 receive or send any, period.

22 A. Right.

23 Q. Okay. Do you know whether any

24 member of your firm, Mr. McCabe or Mr. Clark,

25 received any e-mails or sent any e-mails?


Page 160
1 A. No, sir.

2 Q. You don't know one way or the other;

3 right?

4 A. Right.

5 THE WITNESS: You're laughing,

6 aren't you?

7 MR. PIRTLE: I am laughing.

8 THE WITNESS: You're having fun,

9 aren't you?

10 MR. PIRTLE: That question was fun.

11 MR. WOOD: Which one?

12 MR. PIRTLE: Knowing him like I know

13 him.

14 THE WITNESS: That's what he's

15 laughing about.

16 MR. KLEIN: That's why we were both

17 giggling.

18 Q. (By Mr. Wood) Other than in

19 connection with your attendance at the

20 proceedings before Judge Seidlin and your

21 appearance at the appellate argument, have you

22 made any other trips to Florida in connection

23 with your representation of Vergie Arthur?

24 A. I don't believe so. I will say

25 this: If you go to the Bahamas and you try to


Page 161
1 come back to the United States, you have to

2 stop in Florida to clear customs. So that did

3 happen on occasions.

4 Q. And in any of those stops in

5 Florida, did you take the opportunity to have

6 any meetings or conduct any business other --

7 other than just a stop and take back off

8 again?

9 A. And clear customs.

10 Q. And clear customs?

11 A. No, sir.

12 Q. Did your -- did your plane stay in

13 Florida while you were there?

14 A. Sometimes yes; sometimes no.

15 Q. And the pilots too?


17 Q. They stay with the plane, don't

18 they?

19 A. Oh, yeah.

20 Q. And, in fact, they stay in Florida

21 and then you pay the expenses for them to stay

22 in the hotels in Florida while they're there?

23 A. Correct. Well, actually, I don't

24 pay them.

25 Q. Who pays them?


Page 162
1 A. Excellent Aviation.

2 Q. Do you have some sort of agreement

3 with that firm?

4 A. Yeah.

5 Q. So you pay -- what's the name of the

6 company?

7 A. Excellent Aviation.

8 Q. Located where?

9 A. Houston, Texas.

10 Q. Is that part of the $400,000, the

11 cost of the plane and the pilots?

12 A. Yeah, I believe so.

13 Q. And is that arrangement with The

14 O'Quinn Law Firm or is it with you, John

15 O'Quinn?

16 A. With the O'Quinn Law Firm.

17 Q. What was the name of the -- you may

18 not know this, but tell me who could tell me

19 the name of the limousine service that you

20 used for ground transportation in Florida?

21 A. I don't know.

22 Q. Somebody in your office would know

23 that or it would be in the receipts?

24 A. True.

25 Q. You were in Florida for the time


Page 163
1 period that you've described, engaged in the

2 practice of law on behalf Vergie Arthur; true?

3 A. I was in from Florida, and for the

4 period of time we've discussed, representing

5 Vergie Arthur in one lawsuit and that's what I

6 was doing.

7 Q. Right. In connection with the

8 matter that you were in Florida with, you

9 acknowledge that you were, in fact, practicing

10 law in Florida with respect to that case;

11 true?

12 A. I was acting as her lawyer.

13 Q. Practicing law. You know what that

14 means, don't you?

15 A. Well, practicing law sounds a lot

16 more extensive than just representing one

17 person on a pro hac vice basis in one case.

18 Q. You couldn't be doing anything other

19 than practicing law in that one case, could

20 you? Isn't that what you were doing in

21 Florida for her, practicing your profession?

22 A. It's a quibble without importance

23 unless --

24 Q. Would you answer my question,

25 please?


Page 164
1 A. The answer is the answer I gave you.

2

3 Q. Is the answer, yes, Mr. Wood I was,

4 in fact, practicing law in Florida in

5 connection with this case for Vergie Arthur?

6 A. The answer, sir, is yes, Mr. Wood --

7 Q. Thank you.

8 A. -- I was representing Vergie Arthur

9 as her attorney in a court in Florida on a pro

10 hac vice basis only.

11 Q. Do you have any arrangements with

12 any entity to repay you this $400,000 that you

13 spent in an effort to assist this FBI agent

14 and Ms. Arthur?

15 A. No, sir.

16 Q. In any of your class action

17 lawsuits, Mr. O'Quinn, have you had occasion

18 to have involved Florida residents as members

19 of the class of plaintiffs?

20 A. My law firm and the Florida counsel

21 had occasion to represent some Florida

22 citizens as the named plaintiffs in a class

23 action in Florida.

24 Q. Just one?

25 A. True.


Page 165
1 Q. What class -- what case was that?

2 What did it involve?

3 A. The case is the named plaintiffs and

4 the class against Wal-Mart.

5 Q. Do you know -- are you aware of any

6 witnesses with respect to the circumstances

7 surrounding the deaths of either Anna Nicole

8 Smith or Daniel Smith, her son?

9 MR. KLEIN: Why is that relevant to

10 the jurisdiction?

11 MR. WOOD: I hadn't gotten finished

12 yet.

13 MR. KLEIN: I'm sorry.

14 MR. WOOD: That's all right. Let me

15 go back. And I can -- I can help you

16 because I understand where you're going.

17 This -- this goes to the issue of foreign

18 non-convenience which is, I interpret, to

19 be part of the jurisdictional deposition.

20 Let me go back.

21 Q. (By Mr. Wood) Can you identify for

22 me, sir -- strike that.

23 Are you aware of any witnesses to

24 the circumstances surrounding the deaths of

25 either Anna Nicole Smith or Daniel Smith who


Page 166
1 reside in the state of Texas?

2 MR. KLEIN: We're not going to talk

3 about who, when or where. You understand

4 what the question is?

5 THE WITNESS: On that limited basis?

6 MR. KLEIN: Uh-huh (affirmative).

7 THE WITNESS: The answer is no.

8 Q. (By Mr. Wood) Do you recall giving

9 an interview the night before the funeral of

10 Anna Nicole Smith to Nancy Grace?

11 A. Not particularly.

12 Q. You gave a number of interviews that

13 we've described, at least attempted to

14 describe, in part in our complaint. You're

15 aware of that?

16 A. I gave some interviews. Nancy Grace

17 asked me to be interviewed on her show several

18 times.

19 Q. Where did you do the interviews

20 from?

21 A. Houston.

22 Q. Where in Houston?

23 A. At a studio here that they picked,

24 her TV show, whatever it is, you know.

25 Q. National television show?


Page 167
1 A. Yeah.

2 Q. Do you know where she was physically

3 located at the time she did the interview?

4 A. Yeah.

5 Q. Where was she?

6 A. New York City.

7 Q. And did you ever give any

8 interviews -- remote interviews -- do you know

9 what that is?

10 A. I gather that's what I'm talking

11 about now where I'm in Houston and she's in

12 New York City.

13 Q. You're somewhere else and the person

14 who's interviewing is somewhere else?

15 A. Right.

16 Q. Do you know whether you ever gave

17 any remote interviews with respect to your

18 representation of Vergie Arthur where the

19 interviewer was in Florida at the time that

20 you participated in the interview?

21 A. To my knowledge, there are none.

22 Q. The interviews that you gave --

23 A. Time out. Time out.

24 Q. Sure.

25 VIDEOGRAPHER: Off the record?


Page 168
1 THE WITNESS: No. I want to stay on

2 the record. We've talked about that Matt

3 Lowery interviewed me.

4 Q. (By Mr. Wood) Yes.

5 A. I think Matt Lowery was in New York

6 City when he interviewed me.

7 Q. And where were you?

8 A. I think I was at the hotel in Fort

9 Lauderdale.

10 Q. Okay. Would that interview have

11 taken place during the time period where you

12 were there for the Seidlin hearings?

13 A. I believe so.

14 Q. And how did it -- how did it come

15 to -- you say you were at the hotel. Did they

16 set up a conference room and bring in their

17 camera people and set it all up?

18 A. It wasn't that fancy.

19 Q. How fancy was it?

20 A. It was in the lobby.

21 Q. They got you in the lobby?

22 A. Yeah. They had a camera.

23 Q. Camera in the lobby and you had an

24 earpiece listening to Matt from New York

25 interviewing you?


Page 169
1 A. Right.

2 Q. Was that a live interview on The

3 Today Show?

4 A. I don't know.

5 Q. What did you think?

6 A. Well, how live is The Today Show? I

7 mean, when I see the first hour of The Today

8 Show in Houston, Texas, it's really the second

9 hour of The Today Show. And when I watch the

10 second hour of The Today Show in Houston,

11 Texas, it's the first hour that somebody taped

12 and now they're showing it to me.

13 Q. What was your understanding when you

14 did the interview of whether it was being

15 broadcast live at the time of the interview?

16 A. I didn't have an understanding.

17 Q. You just new it was going to be an

18 interview that would be broadcast to the

19 nation on the NBC Today Show?

20 A. That's what I believed.

21 Q. Right. You knew that all of these

22 interviews were going to be broadcast

23 nationally, didn't you, sir?

24 MR. KLEIN: You've asked him that.

25 THE WITNESS: Yeah, I've answered it


Page 170
1 four times.

2 MR. WOOD: I don't think I've asked

3 him about all these interviews.

4 MR. KLEIN: Yeah, you did.

5 MR. WOOD: I'll go through them

6 individually to be clear on the record.

7 THE WITNESS: I believe --

8 Q. (By Mr. Wood) Let's do it

9 individually on the record to be clear.

10 March 1, 2007, interview with Nancy

11 Grace on CNN Headline News, Nancy Grace Show.

12 You recall doing an interview with

13 Nancy Grace, I believe you told me.

14 MR. KLEIN: Yes, he did.

15 THE WITNESS: Wait a second. What

16 was the -- what was the question he

17 asked?

18 Q. (By Mr. Wood) I think you told me

19 you did an interview with Nancy Grace.

20 MR. KLEIN: He did.

21 Q. (By Mr. Wood) And I'm now asking

22 you more specifically.

23 An interview done on March 1, 2007,

24 with Nancy Grace CNN Headline News, The Nancy

25 Grace Show.


Page 171
1 Do you recall doing that interview?

2 A. I recall doing interviews with her

3 but I don't recall the dates.

4 Q. You knew that interview would be

5 broadcast nationally, including being

6 broadcast in the state of Florida; true?

7 A. I believe so.

8 Q. You did an interview on or about

9 March 15, 2007, with Greta Van Susteren.

10 Do you recall that interview?

11 A. Is that the one we've already talked

12 about?

13 Q. No. This is another one. You did

14 more than one interview with Greta Van

15 Susteren, didn't you?

16 A. I've already acknowledged that.

17 Q. Can we maybe just draw a circle

18 around any interview you gave to Greta Van

19 Susteren for her show On The Record with Greta

20 Van Susteren broadcast on Fox News you knew

21 would be a national broadcast that would be

22 broadcast in the state of Florida; true?

23 A. I believe that.

24 Q. You believe that to be true?

25 A. I believe that that would be the


Page 172
1 situation.

2 Q. And the same would be true with any

3 interview you did -- you did more than one

4 interview with Nancy Grace, didn't you?

5 A. Correct.

6 Q. And, again, the same thing would be

7 true with Nancy that was true with Greta --

8 A. Correct.

9 Q. -- that the interviews you

10 participated in you knew would be broadcast

11 nationally including the state of Florida,

12 true?

13 A. I believe that would be the

14 situation.

15 MR. WOOD: All right. Let's take a

16 break. See what else I've got, if

17 anything.


19 1:14. This concludes Tape No. 4.








Page 173


3 Q. (By Mr. Wood) I hand you what's

4 been marked for purposes of identification to

5 your deposition as Exhibit 6, and I'll

6 represent to you it is a copy of a decision

7 from Westlaw, Brown & Bain, PA versus O'Quinn,

8 John M. O'Quinn an individual and John M.

9 O'Quinn & Associates, LLP and others.

10 Are you familiar with that

11 litigation, sir?

12 A. Yes.

13 Q. Does this help figure out the entity

14 that is the law firm that you practice law

15 with? It talks about John M. O'Quinn &

16 Associates, LLP, and then it's got John M.

17 O'Quinn, PC.

18 Does that PC still exist?

19 MR. KLEIN: Well, we haven't

20 answered the first question yet.

21 MR. WOOD: No, we haven't.

22 THE WITNESS: In part.

23 MR. KLEIN: Can I make a suggestion

24 since --

25 MR. WOOD: I'm going to do it


Page 174
1 quicker, if I can.

2 Q. (By Mr. Wood) In terms of your

3 representation of Vergie Arthur, I think you

4 told me you were representing her on behalf of

5 John M. O'Quinn & Associates, LLP, and I guess

6 what I --

7 A. Right.

8 Q. -- want to make sure of is whether

9 any of your representation of Ms. Arthur also

10 involved John M. O'Quinn, PC, or John M.

11 O'Quinn Law Firm, PLLC or --

12 A. You want the other name?

13 Q. You told me O'Quinn, Kerensky --

14 A. Don't worry about that one.

15 Q. That was already done before Vergie

16 Arthur; right?

17 A. That was over with.

18 Q. I just need the other ones.

19 A. Look, the LLP. The professional,

20 no. I'm not certain about Law Firm, PLLC.

21 This is only a guesstimate now, only a guess,

22 because I'm not a transaction lawyer. But I

23 believe that under Texas law when you have an

24 LLP, you have to have something called a

25 managing member. It's like a limited


Page 175
1 partnership.

2 Have you ever been in a limited

3 partnership where you've got in name called

4 the LP, the limited partnership, and then it

5 will have a general partner? That general

6 partner may not be any of the investors. It

7 might be some entity that has a similar name

8 as the limited partnership and it functions as

9 the general partner, whereas the investors

10 function as limited partner.

11 I think in doing the LLP, the same

12 type of thinking applies. There has to be

13 something that says, in effect, like a general

14 partner. I think a general partner is the

15 John M. O'Quinn Law Firm, PLLC.

16 Are you following me, sir?

17 Q. I am.

18 A. Okay. Those two names would be

19 relevant to my representation of Mrs. Arthur.

20 The other name would not be relevant. Do you

21 understand what I'm saying?

22 Q. Yeah. John M. O'Quinn, PC, you do

23 not think would be relevant?

24 A. True.

25 Q. But you think John M. O'Quinn &


Page 176
1 Associates, LLP, and John M. O'Quinn Law Firm,

2 PLLC would be?

3 A. True. And I think also O'Quinn,

4 Kerensky & McAnnich is not relevant.

5 Q. Correct. I understand that.

6 A. And Jane Doe is not relevant.

7 Q. I don't know Jane Doe O'Quinn. You

8 don't know her, do you?

9 You litigated that case

10 individually, and obviously your law firm did,

11 in the state of Arizona; true?

12 A. True.

13 Q. Federal court in Arizona.

14 And were you able to do so without

15 any undue burdens?

16 A. No.

17 Q. What was burdensome about you

18 defending that lawsuit in Arizona?

19 MR. KLEIN: Why is that relevant to

20 this?

21 MR. WOOD: Well, I think I'm

22 entitled to find out if it's burdensome

23 to litigate the case in Florida and it's

24 a question about the fact he's

25 litigated -- defended himself in other


Page 177
1 states and was able to do so.

2 MR. KLEIN: Can we agree that's

3 argumentative? It's not a question.

4 MR. WOOD: Let's do it this way. My

5 theory of putting it together may be

6 argumentative, but I think my question

7 was okay.

8 Q. (By Mr. Wood) I mean, do you --

9 what is -- was the burden that you can

10 describe for me as having to defend this

11 lawsuit on your behalf in the state of

12 Florida?

13 A. It's not where I live. It is not

14 where I work. It's not where I am at.

15 Q. I'm sorry not where you're what?

16 A. Florida is not where I'm at for any

17 reason. I don't have a ranch there. I don't

18 have a condo there. I've got nothing to do

19 there.

20 Q. Nothing named after you there?

21 A. That's also true, but that's not the

22 reason why it's a burden.

23 Q. Well, it's not a financial burden,

24 is it, sir?

25 A. Well, we're not finished yet. So


Page 178
1 now, with all due respect to this gentleman

2 who I have great respect for, if this case

3 were in Houston, I'd have a Houston lawyer to

4 represent me.

5 Q. Well, do you have Mr. McCabe of

6 record?

7 A. Well, I'd have a --

8 Q. True?

9 A. Mr. McCabe is not going to try this

10 case. I don't know what his role is. It's up

11 to Mr. Klein to explain what his role is.

12 But I'd have a Houston law firm --

13 pardon me -- and when it came time to take my

14 deposition, my lawyer wouldn't have to fly on

15 an airplane. Just this trip, I expect there's

16 going to be a lot of extra hours because it

17 wasn't just a normal flight. This has become

18 a very unnormal flight. It's been a burden to

19 him too. And if I had a Houston law firm here

20 and I wanted talk to them or they wanted to

21 talk to me, I could just -- they're probably

22 downtown, I'm downtown. I could probably get

23 over there in ten minutes, be sitting in an

24 office. It's certainly a heck of a lot more

25 convenient.


Page 179
1 Q. For you?

2 A. Yeah.

3 Q. It wouldn't be financial burden on

4 you, though, in terms of if you -- in terms of

5 paying for Mr. Klein or paying to have the

6 case defended and investigated and handled.

7 You can afford that, can't you, sir?

8 A. That's not the issue.

9 Q. That's my question. It's not a

10 financial burden on you?

11 A. It is a financial burden.

12 Q. Well, it's a financial cost that you

13 would prefer not to incur, but what's the

14 financial burden? Is it too expensive to

15 litigate in Florida for your pocketbook? Is

16 that what you're telling me?

17 A. It's a lot more expensive.

18 Q. Can you afford it?

19 A. Based on how the stock market's

20 doing today, I'm not sure.

21 Q. Well, based on the historical record

22 of the stock market, what goes up usually goes

23 down and what goes down, usually goes back up.

24 My question is?

25 A. He's not going to want to wait for


Page 180
1 his bills to be paid until it goes back up,

2 probably. Can I have a deal --

3 MR. KLEIN: That I don't get paid

4 until the market goes up? I think my

5 partners would be thrilled.

6 Q. (By Mr. Wood) So what's the answer

7 to the question? Yes, Mr. Wood, I can afford

8 it or no, Mr. Wood, I cannot?

9 A. As whether I can pay for it?

10 Q. To defend the case in Florida?

11 A. Even if it was a lot more than

12 necessary?

13 Q. Yes.

14 A. Probably.

15 Q. Okay. Other than you, when you say

16 it's not convenient, who else do you believe

17 it would be inconvenient for to be in Florida?

18 Certainly -- you admit there are a lot of

19 witnesses who reside in the state of Florida

20 on the question of the circumstances

21 surrounding Anna Nicole Smith's death? You

22 recognize and acknowledge that, do you not?

23 A. No, I don't recognize and

24 acknowledge that.

25 Q. You don't?


Page 181
1 A. Not the way you phrased it.

2 Q. You told me there were no

3 witnesses --

4 A. I didn't say that.

5 Q. -- surrounding her death in Texas --

6 MR. KLEIN: Let him finish.

7 Q. (By Mr. Wood) You told me there

8 were no witnesses to the circumstances

9 sounding her death who reside in Texas, to

10 your knowledge; true?

11 A. No eyewitnesses.

12 Q. Well, witnesses to the circumstances

13 surrounding --

14 A. Mr. Clark may be a witness.

15 Q. Who?

16 A. Mr. Clark may be a witness.

17 Q. All right.

18 A. Possibly. It would be Mr. Klein's

19 decision, but, I mean, he knows things. He's

20 investigated things. It might be that

21 Mr. Pirtle might be a witness.

22 Q. Mr. Pirtle?

23 A. Yeah.

24 Q. Who's of record in the case as one

25 of your lawyers?


Page 182
1 A. No. Yes. Is he?

2 Q. I mean, he said he's of record. I

3 didn't question it.

4 A. I didn't know that.

5 Q. You've got two Houston lawyers

6 representing you in this case: Mr. McCabe and

7 Mr. Pirtle.

8 A. You know he was there when I was

9 there, at least part of the time.

10 Q. I'm not talking about -- I'm talking

11 about the circumstances that go to -- to the

12 alleged false and defamatory statements about

13 Mr. Stern.

14 Any eye -- you told me there were no

15 eyewitnesses in Texas; right?

16 A. Sir?

17 Q. And no eyewitnesses in California;

18 right? There are no eyewitnesses in New York;

19 right?

20 A. What is eyewitnesses? On the

21 various subjects?

22 Q. I'm sorry.

23 A. On various subjects there are

24 witnesses.

25 Q. What subjects?


Page 183
1 A. Well, your client's a public figure.

2 The burden is it has to be shown that I acted

3 out of malice. In effect, I had no -- it's

4 not negligence. It's a lot worse than

5 negligence. That man right down there,

6 Mr. Pirtle, he had his own judgment about some

7 of these issues.

8 Q. Well, I appreciate --

9 A. He might well be a witness. Based

10 on what I know, that was a reasonable

11 judgment.

12 Q. Well, he's --

13 A. I haven't interviewed him --

14 Q. I'm assuming he can be in Florida.

15 A. Mr. McCabe might have to be a

16 witness.

17 Q. I appreciate your understanding of

18 the law of libel, I understand it.

19 Now, let me ask you the question:

20 Are you aware of any eyewitnesses to the

21 circumstances surrounding the death of Anna

22 Nicole Smith who reside in any state, to your

23 knowledge, other than the state of Florida?

24 A. The Bahamas.

25 Q. Anywhere else?


Page 184
1 A. The pharmacists, druggists, and

2 doctors that prescribed certain medications

3 who, as I understand, are not in Florida.

4 Q. Not in Texas?

5 A. Not in Florida.

6 Q. Do you know where they are?

7 A. I think they're in -- in other

8 states but I'm not sure.

9 Q. Is that it?

10 A. Let's see. I haven't thought about

11 it. I don't know. I'm not a trial lawyer. I

12 don't know what set of witnesses Mr. Klein is

13 going to put together. He probably doesn't

14 know himself. He possibly hasn't finished his

15 study of what you guys would call a trial on

16 the merits.

17 And I understand there are people

18 in -- what about Mrs. Arthur? She might need

19 to be a witness in this matter. She lives in

20 Houston. What about her husband, James

21 Arthur? He lives in Houston. They might well

22 be witnesses on something that Mr. Klein wants

23 to present.

24 And for me to sit here and say on

25 that subject all the possible witnesses, I


Page 185
1 can't say that, not until at least Mr. Klein

2 finishes his analysis and tells me who there

3 might be around that could testify about A, B,

4 C, or D. I honestly believe there are

5 witnesses in Texas. There are people that

6 will need to be at this trial, either as a

7 witness or otherwise, who are in Texas,

8 because they were at the proceedings that

9 happened in Florida.

10 Q. Well, the proceedings and what

11 happened in Florida, sir, I was asking about

12 eyewitnesses to the circumstances surrounding

13 the death of Anna Nicole Smith. Did you

14 understand my question? Not eyewitnesses to

15 the proceedings in Florida.

16 A. Okay. If you're just talking about

17 that one subject --

18 Q. Yes.

19 A. Eyewitness, to my knowledge, there

20 are no eyewitnesses in Florida or in Texas.

21 Q. To the circumstances surrounding her

22 death?

23 A. That's my understanding. She was an

24 eyewitness, but she's dead. Stern was an

25 eyewitness, but I understand he's in


Page 186
1 California or the Bahamas.

2 Q. How about Moe?

3 A. And then Moe, some man named Moe.

4 Q. Moe's wife?

5 A. An Moe's wife.

6 Q. Where are they?

7 A. I don't know.

8 Q. Are you aware of anyone that

9 provided information to the authorities in

10 connection with the law enforcement

11 investigation and the medical examiner's

12 investigation into her death who reside

13 outside of the state of Florida?

14 A. I don't know. I mean, I know -- one

15 of the issues was where did all these drugs

16 come from and why did she have multiple, why

17 are there multiple prescriptions of the same

18 drug from different doctors. My understanding

19 are that as far as those issues are concerned,

20 which do have something to do, in my judgment,

21 with the cause of her death, these people do

22 not live in Florida. They live other places.

23 That's what I've been told.

24 Q. Anything else you want to add to

25 that answer?


Page 187

2 Q. Okay. Did you receive information

3 from anyone in Florida that would indicate

4 that there was a life insurance policy, or

5 more, on the life of Anna Nicole Smith?

6 A. Yes.

7 Q. Who was that individual?

8 MR. KLEIN: Let me -- let me back up

9 a second. You don't have to give him

10 names, dates and places. From the venue

11 standpoint, you got your answer. So

12 you've got --

13 MR. WOOD: Probably. Let's put it

14 this way. I'm going to ask it for the

15 record.

16 MR. KLEIN: Ask it.

17 MR. WOOD: Because I think I have

18 11th Circuit authority that I am entitled

19 to the names of witnesses and that that

20 is not protected by work product

21 privilege. So I think I'm entitled to

22 it. I'm not going to fight over it. But

23 I'll make a record on it. I'd like to

24 get an answer to that question or a

25 position taken on the record.


Page 188
1 MR. KLEIN: And at an appropriate

2 time, based on the Court's disclosure,

3 you're going to get the names. We're in

4 a jurisdictional deposition at this

5 point. We can join issue as to what

6 extent he's got to identify those people

7 at a later date. I think the relevant

8 inquiry you've already got the answer to.

9 Q. (By Mr. Wood) Did you receive

10 information from anyone in Florida -- when you

11 said information -- let me make sure I'm

12 looking at my screen here. I want to make

13 sure I ask the question clear.

14 MR. KLEIN: I thought it was

15 exquisite.

16 MR. WOOD: I thought it was pretty

17 good, but looking at it, I want to make

18 sure it's -- I have to justify paying for

19 this real time, so I have to use it

20 occasionally.

21 MR. KLEIN: Whatever happened to

22 relying on your recollection?

23 Q. (By Mr. Wood) Did you receive

24 information from anyone that resided in the

25 state of Florida that would indicate that


Page 189
1 there was a life insurance policy or more on

2 the life of Anna Nicole Smith?

3 MR. KLEIN: He's answered that

4 question.

5 Q. (By Mr. Wood) And the answer is

6 yes; is that right?

7 A. No.

8 MR. KLEIN: I'm sorry.

9 THE WITNESS: The answer to that

10 question is no. I think he just said did

11 anybody that resides in Florida.

12 Q. (By Mr. Wood) I thought there might

13 be a distinction and there is.

14 But what you're telling me is that

15 you were in Florida and someone while you were

16 in Florida gave you information that would

17 indicate that there was a life insurance

18 policy or policies on the life of Anna Nicole

19 Smith; is that right?

20 A. Yes.

21 Q. Was that person in Florida when you

22 received that information from him or her?

23 A. Yes.

24 Q. And who is that person?

25 MR. KLEIN: That's where we're not


Page 190
1 going.

2 Q. (By Mr. Wood) Where does that

3 person reside?

4 MR. KLEIN: There we are.

5 THE WITNESS: Outside of Florida.

6 Q. (By Mr. Wood) Where?

7 MR. KLEIN: You can tell him.

8 THE WITNESS: Huh?

9 MR. KLEIN: You can tell him. We're

10 not disclosing identities at this point.

11 THE WITNESS: I believe New York

12 City.

13 Q. (By Mr. Wood) And did you ever

14 receive information while you were in Florida

15 that Howard Stern had requested a facsimile or

16 a copy of Anna Nicole Smith's will several

17 days prior to her death?

18 A. Was I in Florida when I got that

19 information?

20 Q. Yes.

21 A. Yes.

22 Q. And did the individual who provided

23 you with that information, was that

24 provided -- was that person in Florida also?

25 A. Yes.


Page 191
1 Q. Was that information provided to you

2 outside of the evidence presented in Judge

3 Seidlin's proceedings?

4 A. I think I got that information as

5 part of the proceedings.

6 Q. Not independent from the proceedings

7 from any source? Is that what you're telling

8 me?

9 A. No. It was -- somebody told me, but

10 I think it was while the proceedings were

11 going on.

12 Q. As part of testimony in the

13 proceedings or somebody pulled you off to the

14 side and said, "Let me tell you something"?

15 A. More of the latter.

16 Q. Who was that person?

17 A. I'm not sure.

18 Q. Male? Female?

19 A. I think it was a male but I'm not

20 sure.

21 Q. I guess if you're not sure who it

22 was, you couldn't give me information on where

23 that person might reside; true?

24 A. That's also true. I'll try to

25 figure that one out. But I didn't come here


Page 192
1 prepared to try to figure all that out.

2 Q. Did you receive information from any

3 other individuals about the case, outside of

4 the proceedings themselves, while you were in

5 Florida, other than what you've told me about

6 in terms of the will being faxed or requested

7 and in terms of the insurance policy or

8 policies?

9 A. Please say that question one more

10 time.

11 Q. Other than the information that you

12 tell me you received while you were in Florida

13 about the will being requested and the

14 existence of a policy or policies of life

15 insurance, did you receive any information

16 from any other individuals about the case

17 while you were in Florida, outside of the

18 actual proceedings themselves before Judge

19 Seidlin?

20 A. About the case or about those two

21 issues?

22 Q. About the case, other than those two

23 issues. You've already told me about those

24 two. I want to see if there are any others.

25 MR. KLEIN: The question is just


Page 193
1 whether they're outside the state of

2 Florida, whether that information

3 involved people outside the state of

4 Florida, as I understand the question.

5 THE WITNESS: Other than Mr. Clark.

6 MR. KLEIN: Just say other than

7 Mr. Clark, then.

8 MR. PIRTLE: Mr. Wood, I'd like to

9 make sure -- I'm unsure as to whether or

10 not I have been subbed in.

11 THE WITNESS: Are we talking about

12 just Mr. Clark?

13 MR. WOOD: Are you talking about --

14 MR. PIRTLE: I'm unsure whether I'm

15 a counsel of record in this case, so I

16 may take my leave here in a second.

17 MR. WOOD: Since you're now unsure,

18 I'll ask you to take your leave. Thank

19 you. Thanks for bringing sandwiches in.

20 MR. PIRTLE: I'm unsure whether I've

21 been subbed into this case.

22 MS. BARTH: I don't recall seeing

23 his name.

24 MR. KLEIN: We sent a pro hac motion

25 to you.


Page 194
1 MS. BARTH: I just wanted him to be

2 careful because I hadn't seen it and I've

3 been watching the docket --

4 MR. PIRTLE: Totally off the record

5 but --

6 MR. WOOD: Nice to meet you.

7 THE WITNESS: Where you going to be?

8 MR. PIRTLE: I'm going to be around.

9 THE WITNESS: Then I'll call you.

10 MR. WOOD: He can't e-mail you,

11 because --

12 MR. KLEIN: We know that.

13 MR. WOOD: -- I just saw you waive

14 the BlackBerry.

15 MR. PIRTLE: I'll be in the

16 building.

17 THE WITNESS: I'll find you.

18 (Mr. Pirtle left the deposition

19 room.)

20 MR. KLEIN: Lin, while your people

21 are talking, let me just make a

22 suggestion.

23 MR. WOOD: Okay.

24 MR. KLEIN: Because I don't want

25 anything -- we've already agreed on the


Page 195
1 record that I can't just instruct him not

2 to answer something. We've gotten into a

3 kind of shorthand, you and I here, with

4 stuff I don't think he should answer. I

5 do believe that I can instruct him on

6 privilege answers, so what I'd like to do

7 so there's no misunderstanding is just

8 preserve whatever areas you feel he needs

9 to answer and handle it by way of motion

10 with the Court. I don't care whether

11 you're the initiating party or we file a

12 motion for a protective order.

13 Ordinarily what I would do in a federal

14 court deposition is adjourn it, ask the

15 Court to rule on the issues. Obviously

16 we've been able to go through the most of

17 this without going through that process.

18 MR. WOOD: I'll look at the

19 transcript but I'm not sure that for

20 jurisdictional purposes we have a fight

21 that needs to be fought. We have a

22 disagreement.

23 MR. KLEIN: Yeah.

24 MR. WOOD: But we may not have it

25 such that we need to fight the battle at


Page 196
1 this juncture. I don't know that. I'll

2 look at the record and then you and I

3 will talk.

4 MR. KLEIN: That was my only point.

5 Federal court judges can be a bit intense

6 about the way you assert objections. I

7 just want to make sure that we're

8 reserving them in ways that will be -- we

9 can raise them if necessary.

10 Q. (By Mr. Wood) Do you know where we

11 were?

12 A. No, sir.

13 Q. I was asking you about whether you

14 received any information about the case.

15 MR. KLEIN: And he answered?

16 MR. WOOD: I'm sorry.

17 MR. KLEIN: He answered that. Did

18 that get stepped over?

19 MR. WOOD: I think he conferred with

20 you.

21 MR. KLEIN: Yeah. Then he answered.

22 Did you pick up his answer?

23 Q. (By Mr. Wood) I think you said

24 other than Mr. Clark?

25 MR. KLEIN: I thought he said other


Page 197
1 than Mr. Clark, no.

2 MR. WOOD: He did. And then you

3 said just say other than Mr. Clark.

4 Q. (By Mr. Wood) All right. Other

5 than Mr. Clark and whoever gave you the

6 information about the will being requested or

7 the information about the policies, did anyone

8 else provide you with information while you

9 were in Florida about the case?

10 A. The people that I was working with,

11 like Mr. Pirtle and Mr. Tunstall.

12 Q. The two lawyers, Mr. Pirtle from

13 Houston --

14 A. Right.

15 Q. -- and Mr. Tunstall from Florida?

16 A. Right.

17 Q. Anyone else?


19 Q. You introduced into evidence what's

20 been shorthand referred to as the clown video.

21 Do you recall that video of

22 Ms. Smith?

23 A. Me?

24 Q. Vergie Arthur.

25 A. I introduced into evidence what?


Page 198
1 Q. It's my understanding that on behalf

2 of Vergie Arthur a video which has been

3 referred to as the clown video was introduced

4 into evidence during the proceeding with Judge

5 Seidlin.

6 Do you recall the video?

7 A. I don't recall that.

8 Q. Do you have information about how

9 that video was obtained?

10 A. No.

11 Q. In terms of your business-related

12 activities in Florida, you've told me

13 everything that you've done with respect to

14 this case for Ms. Arthur?

15 A. Right.

16 Q. The business-related activities

17 consistent with representing her in court;

18 examining witnesses; making argument; being a

19 media spokesperson and a shield to her to take

20 inquiries; investigation, as you've described

21 it; ground transportation; physically trying

22 to get her to and from the courthouse.

23 Any other business-related

24 activities that you engaged in in the state of

25 Florida other than those on behalf of Vergie


Page 199
1 Arthur?

2 A. I don't --

3 Q. And also engaging Mr. Klein.

4 A. I don't recall any others.

5 MR. WOOD: Let me take a moment and

6 then we'll see if we're done. I think we

7 are.


9 1:57.




13 approximately 1:59. Back on video


15 MR. WOOD: That concludes the

16 examination on the jurisdictional

17 deposition of Mr. O'Quinn. We have no

18 further questions at this time.

19 Do you have any questions?

20 MR. KLEIN: I do not.

21 MR. WOOD: Then the deposition is

22 concluded. Thank you for the hospitality

23 in your office today.

24 THE WITNESS: You're welcome.



Page 200

2 No. 5.

3 (Deposition concluded at 1:59 p.m.)

4

5

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7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


Page 201
1 DESCRIPTION OF EXHIBITS

2

3 EXHIBIT IDENTIFICATION

4

5 1 Notice of Deposition

6 2 Copy of Lawsuit Filed by Mr.

7 Stern against you in the

8 United States District Court

9 for the Southern District of

10 Florida, West Palm Beach

11 Division

12 3 Motion for John M. O'Quinn to

13 be admitted pro hac vice in

14 Florida

15 4 Letter from Don Clark to M.

16 Krista Barth

17 5 Letter from Ms. Barth to Mr.

18 Clark

19 6 Document from Westlaw

20

21

22 (Original exhibits attached to the

23 Original transcript.)

24

25


Page 202
1 STATE OF GEORGIA:

2 COUNTY OF FULTON:

3 I hereby certify that the foregoing

4 transcript was reported, as stated in the

5 caption, and the questions and answers

6 thereto were reduced to typewriting under my

7 direction; that the foregoing pages represent

8 a true, complete, and correct transcript of

9 the evidence given upon said hearing, and I

10 further certify that I am not of kin or

11 counsel to the parties in the case; am not

12 in the employ of counsel for any of said

13 parties; nor am I in any way interested in

14 the result of said case.

15

16

17

18

19

20

21

22

23

24

25


Page 203
1 Disclosure Pursuant to Article

2 8(B) of the Rules and Regulations of the

3 Board of Court Reporting of the Judicial

4 Council of Georgia, I make the following

5 disclosure:

6 I am a Georgia Certified Court

7 Reporter, here as a representative of

8 Brown & Gallo, L.L.C., to report the

9 foregoing matter. Brown & Gallo, L.L.C.,

10 is not taking this deposition under any

11 contract that is prohibited by O.C.G.A.

12 5-14-37 (a) and (b).

13 Brown & Gallo, L.L.C., will be

14 charging its usual and customary rates

15 for this transcript.

16

17

18

19

20 LEE ANN BARNES, RPR.

21

22

23

24

25


Page 204
1 CAPTION

2 The Deposition of JOHN O'QUINN,

3 taken in the matter, on the date, and at the time and

4 place set out on the title page hereof.

5 It was requested that the deposition be taken

6 by the reporter and that same be reduced to

7 typewritten form.

8 It was agreed by and between counsel and the

9 parties that the Deponent will read and sign the

10 transcript of said deposition.

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


Page 205
1 CERTIFICATE

2 STATE OF :

3 COUNTY/CITY OF :

4 Before me, this day, personally appeared,

5 JOHN O'QUINN, who, being duly sworn, states that the

6 foregoing transcript of his/her Deposition, taken in the

7 matter, on the date, and at the time and place set out

8 on the title page hereof, constitutes a true and accurate

9 transcript of said deposition.

10 _________________________

11 JOHN O'QUINN

12

13 SUBSCRIBED and SWORN to before me this

14 _______day of_________________, 20___ in the

15 jurisdiction aforesaid.

16

17 _____________________ ________________________

18 My Commission Expires Notary Public

19

20 *If no changes need to be made on the following two pages,

21 place a check here ____, and return only this signed page.*

22

23

24

25


Page 206
1 DEPOSITION ERRATA SHEET

2 RE: Brown & Gallo, L.L.C.

3 File No. 20458

4 Case Caption: HOWARD K. STERN

5 vs. JOHN O'QUINN

6 Deponent: JOHN O'QUINN

7 Deposition Date: August 16, 2007

8 To the Reporter:

9 I have read the entire transcript of my Deposition taken

10 in the captioned matter or the same has been read to me.

11 I request that the following changes be entered upon the

12 record for the reasons indicated. I have signed my name to

13 the Errata Sheet and the appropriate Certificate and

14 authorize you to attach both to the original transcript.

15

16 Page No._____Line No._____Change to:________________________

17 ____________________________________________________________

18 Reason for change:__________________________________________


20 ____________________________________________________________



23 ____________________________________________________________


25


Page 207
1 Deposition of JOHN O'QUINN

2


4 ____________________________________________________________



7 ____________________________________________________________



10 ____________________________________________________________



13 ____________________________________________________________



16 ____________________________________________________________



19 ____________________________________________________________


21

22

23 SIGNATURE:__________________________________DATE:___________

24 JOHN O'QUINN

25

O Quinn Depo

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