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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
Case 0:07-cv-60534-WPD   Document 41   Entered on FLSD Docket 08/20/2007   Page 2 of 207


                                                                              Page 2
  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
Case 0:07-cv-60534-WPD    Document 41   Entered on FLSD Docket 08/20/2007   Page 3 of 207


                                                                               Page 3
  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
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                                                                               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
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                                                                              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
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                                                                              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
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                                                                              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
Case 0:07-cv-60534-WPD   Document 41   Entered on FLSD Docket 08/20/2007   Page 8 of 207


                                                                              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
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                                                                              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
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                                                                              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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                                                                             Page 11
  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?

 21              MR. KLEIN:     Tunstall.

 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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                                                                              Page 12
  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
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                                                                             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
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                                                                             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?
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                                                                             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
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                                                                             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
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                                                                             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?
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                                                                             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
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                                                                              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
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                                                                              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
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                                                                              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,
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                                                                             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
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                                                                             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
Case 0:07-cv-60534-WPD   Document 41   Entered on FLSD Docket 08/20/2007   Page 24 of 207


                                                                             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.
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                                                                              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.
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                                                                              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
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                                                                             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
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                                                                             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
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                                                                             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,
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                                                                             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?
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                                                                             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?
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                                                                             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.
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                                                                             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
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                                                                             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?

 10        A.    I don't believe so.

 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
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                                                                             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?
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                                                                             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
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                                                                             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.
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                                                                             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.
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                                                                             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
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                                                                             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?
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                                                                             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.
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                                                                             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?
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                                                                             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
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                                                                              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."
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                                                                             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
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                                                                              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
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                                                                             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.
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                                                                             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 --
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                                                                             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
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                                                                             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
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                                                                             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
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                                                                             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
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                                                                             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
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                                                                             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.
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                                                                             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.
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                                                                             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?

 24        A.    I don't recall.

 25        Q.    Did you have Mr. Clark undertake any
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                                                                             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
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                                                                             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 --
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                                                                               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.
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                                                                             Page 60
  1              MR. WOOD:     We've been going for

  2        about an hour.

  3              VIDEOGRAPHER:     The time is

  4        approximately 10:07.        This concludes Tape

  5        No. 1.    Off the video record.

  6              (Thereupon, there was an

  7        interruption in the proceedings.)

  8              VIDEOGRAPHER:     The time is

  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
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                                                                              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.
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                                                                             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
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                                                                              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
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                                                                              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 --

 19              MR. KLEIN:     I understand.

 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
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                                                                             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
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                                                                              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.

 18              (Thereupon, there was an

 19        interruption in the proceedings.)

 20              VIDEOGRAPHER:      The time is

 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
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                                                                             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.
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                                                                             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
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                                                                             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?
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                                                                             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.
Case 0:07-cv-60534-WPD   Document 41    Entered on FLSD Docket 08/20/2007   Page 71 of 207


                                                                              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?
Case 0:07-cv-60534-WPD   Document 41    Entered on FLSD Docket 08/20/2007   Page 72 of 207


                                                                              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.
Case 0:07-cv-60534-WPD   Document 41   Entered on FLSD Docket 08/20/2007   Page 73 of 207


                                                                             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
Case 0:07-cv-60534-WPD   Document 41    Entered on FLSD Docket 08/20/2007   Page 74 of 207


                                                                              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
Case 0:07-cv-60534-WPD   Document 41   Entered on FLSD Docket 08/20/2007   Page 75 of 207


                                                                             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
Case 0:07-cv-60534-WPD   Document 41   Entered on FLSD Docket 08/20/2007   Page 76 of 207


                                                                             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
Case 0:07-cv-60534-WPD   Document 41   Entered on FLSD Docket 08/20/2007   Page 77 of 207


                                                                             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
Case 0:07-cv-60534-WPD   Document 41   Entered on FLSD Docket 08/20/2007   Page 78 of 207


                                                                             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
Case 0:07-cv-60534-WPD   Document 41   Entered on FLSD Docket 08/20/2007   Page 79 of 207


                                                                             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
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O Quinn Depo

  • 1. 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
  • 2. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 2 of 207 Page 2 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
  • 3. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 3 of 207 Page 3 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
  • 4. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 4 of 207 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
  • 5. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 5 of 207 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
  • 6. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 6 of 207 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
  • 7. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 7 of 207 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
  • 8. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 8 of 207 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
  • 9. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 9 of 207 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
  • 10. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 10 of 207 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?
  • 11. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 11 of 207 Page 11 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? 21 MR. KLEIN: Tunstall. 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
  • 12. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 12 of 207 Page 12 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
  • 13. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 13 of 207 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
  • 14. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 14 of 207 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?
  • 15. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 15 of 207 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
  • 16. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 16 of 207 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
  • 17. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 17 of 207 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?
  • 18. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 18 of 207 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
  • 19. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 19 of 207 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
  • 20. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 20 of 207 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
  • 21. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 21 of 207 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,
  • 22. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 22 of 207 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
  • 23. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 23 of 207 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
  • 24. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 24 of 207 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.
  • 25. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 25 of 207 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.
  • 26. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 26 of 207 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
  • 27. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 27 of 207 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
  • 28. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 28 of 207 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
  • 29. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 29 of 207 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,
  • 30. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 30 of 207 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?
  • 31. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 31 of 207 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?
  • 32. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 32 of 207 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.
  • 33. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 33 of 207 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
  • 34. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 34 of 207 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? 10 A. I don't believe so. 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
  • 35. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 35 of 207 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?
  • 36. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 36 of 207 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
  • 37. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 37 of 207 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.
  • 38. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 38 of 207 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.
  • 39. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 39 of 207 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
  • 40. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 40 of 207 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?
  • 41. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 41 of 207 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.
  • 42. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 42 of 207 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?
  • 43. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 43 of 207 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
  • 44. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 44 of 207 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."
  • 45. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 45 of 207 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
  • 46. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 46 of 207 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
  • 47. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 47 of 207 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.
  • 48. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 48 of 207 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 --
  • 49. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 49 of 207 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
  • 50. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 50 of 207 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
  • 51. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 51 of 207 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
  • 52. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 52 of 207 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
  • 53. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 53 of 207 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
  • 54. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 54 of 207 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.
  • 55. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 55 of 207 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.
  • 56. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 56 of 207 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? 24 A. I don't recall. 25 Q. Did you have Mr. Clark undertake any
  • 57. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 57 of 207 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
  • 58. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 58 of 207 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 --
  • 59. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 59 of 207 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.
  • 60. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 60 of 207 Page 60 1 MR. WOOD: We've been going for 2 about an hour. 3 VIDEOGRAPHER: The time is 4 approximately 10:07. This concludes Tape 5 No. 1. Off the video record. 6 (Thereupon, there was an 7 interruption in the proceedings.) 8 VIDEOGRAPHER: The time is 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
  • 61. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 61 of 207 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.
  • 62. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 62 of 207 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
  • 63. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 63 of 207 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
  • 64. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 64 of 207 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 -- 19 MR. KLEIN: I understand. 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
  • 65. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 65 of 207 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
  • 66. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 66 of 207 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. 18 (Thereupon, there was an 19 interruption in the proceedings.) 20 VIDEOGRAPHER: The time is 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
  • 67. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 67 of 207 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.
  • 68. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 68 of 207 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
  • 69. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 69 of 207 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?
  • 70. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 70 of 207 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.
  • 71. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 71 of 207 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?
  • 72. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 72 of 207 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.
  • 73. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 73 of 207 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
  • 74. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 74 of 207 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
  • 75. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 75 of 207 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
  • 76. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 76 of 207 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
  • 77. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 77 of 207 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
  • 78. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 78 of 207 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
  • 79. Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 79 of 207 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