Case Information

*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 3/25/2015 12:01:47 PM CHRISTOPHER A. PRINE Clerk

*1 NO. 01-15-00267-CV IN THE COURT OF APPEALS FOR THE 1 ST JUDICIAL DISTRICT OF TEXAS AT HOUSTON IN RE SOLID SOFTWARE SOLUTIONS, INC., d/b/a EDIBLE SOFTWARE Original Proceeding from the 215th Judicial District Of Harris County, Texas Trial Court Cause No. 2013-74668 RELATOR SOLID SOFTWARE SOLUTIONS INC. d/b/a EDIBLE SOFTWARE’ S APPENDIX E-F TO PETITION FOR WRIT OF MANDAMUS Gregg M. Rosenberg Texas State Bar No. 17268750 Tracey D. Lewis Texas State Bar No. 24090230 ROSENBERG SPROVACH 3518 Travis, Suite 200 Houston, Texas 77002

Telephone (713) 960-8300 Facsimile (713) 621-6670 gregg@rosenberglaw.com

Attorneys for Relators *2 TABE *3 2/26/2015 4:50:26 PM Chris Daniel - District Clerk Harris County Envelope No. 4304972 By: GAYLE FULLER Filed: 2/26/2015 4:50:26 PM CAUSE NO. 2013c74668 ANDREA FARMER § IN TBE DISTRICT COURT OF § Plaintiff, § v. § BARRIS COUNTY, TEXAS § HENRI MORRIS and SOLID SOFTWARE § § SOLUTIONS, INC. d/b/a EDIBLE ~

215TH JUDICI~~ISTRICT SOFTWARE §

Defendant.

~a 0~ '~ " FENDANTS' MOTION DEFENDANTS' REPLY TO PLAINTIFF'S RESPONSE T

TO DISMISS OR ALTERNA

TRADITIONAL MOTION FOR SUMM

JUDGMENT ffJ

COMES NOW, Hel11i Mortis (''Defendant ~~) and Solid Software Solutions, Inc. d/b/a Edible Software {"Defendant Edible Softw~~ collectively ("Defendants"), h1 the above styled and numbered cause of action, filin~ ~eply to Plaintiff's Response to Defendant's Motion to Dismiss or, alternatively, ~~ for SI!111maty Judgment on Plaintiff's claims of

ocr assault and invasion of privacy on t~sis of Defendants' affinnative defense oflimitations and 0 failure to adhere. to the TCHRA~11inistrativt: requirements. ~ Ul!;di

I.

INTRODUCTION Plaintiff's respo~ does not question any ofthe facts applicable to Defendants' bases for ;!£,@"

.

.its Motion to. Di~or altematively its Motion for Summary Judgment. Instead, Plaintiffs g factual and ~sertions urge this Court lo iguore the filet that Plaintiff did not plead a claim of sexual assault because the requisite elements are not present based on the facts of tlus case and Plaintiff's own testimony. Plah1tiff attempts to characterize Defendants' Motion as "cynical" and "delusional" however, Defendants have taken the cle<tr la!lgxlage of the applicable Sections of the Texas Penal Code, tlmt she now attempts to apply to avoid dismissal based on statute of

1 *4 limitations, and applied that law to the facts as they stand. Defendants have no intent or expectation that the plea agreement si.gneq by Defendant Morris in the criminal proceedings against him be ignored by this Court. Defendants, however respectfully request that Plaintiff not be allowed to sidestep the law in this case, ignore its .own pleadings,. and asse1t unmeritorious arguments to avoid the clearly applicable two year statute of limitatibns o~r assault and invasions of privacy claims that she pled. as well as the administrative ~uisites under the Texas COI:mnission on RUJna:n Rights Act (TCHRA), directly rei~ employer liability in sex.ual harassment cases that .she wholly failed to satisfy. Q~

.Plaintiff's urging misses the mark and her argument~~ not enough to save her claims o;ff»- fi·om dismissal under the laW. As Def~ndants have al~ outlined the pertinent facts in its Motion, Defendants will spare the comt a recitation oD:Ve facts in this reply and squarely address

0~ Plaintiffs Response. As outlined herein, Deftfs respectlillly requests that Plaintiff's claims for assault and invasion of privacy be &issed or altematively, Defendants' Motion for

({@ Summary Judgment be grarited. ~QJ II. ~GUMENT AND AUTHORITIES A, Plaintiff never pled Sll__~ assault in this case aud her pleading contains no facts or citation to any la"!'-~l'lltute that would put Defendlmton sufficient notice of such a ~ U

claim.

Plaintiff atten~~ <:tire her failure to plead sexual assault and/or assert any facts to meet

the requisite elen ~of sexnal assault in her petition by asserting that Defendants want to take .

~~s

the claims ~ere actually pled, "assault'' and ''invasion of privacy" "at face va1ue." 1 The Tex.as Rnles of Civil Procedure specifically state that pleadings. shall "consist of a statement in plain and concise language of the plaintiff's cause of .action ... " 2 Liberal construction of the 1 Pl.'s Resp. to Def;'s MII\!LSJ, ~IJ>. \4. 2 Tex. R. Civ. P. 45(b).

2 *5 petition is fiat a license to read into i:he petition a claim that it does not contain. TI1e petition must give fair and adequate notice of the claims being assetied. If it cannot be reasonably inferred that the petition contains a given claim, then the claim cannot be somehow created to for instance, avoid a statute of limitatiOJts defense. 3 As will be further explained herein, the five year statute of limitations for a suit for perso11al injury is applied only when 'll» injtuy is as a

~'0· result of conduct that violates sexual assault, aggravated sexual assault, c~uous sexual abuse of a young child or childroo, 1:rafficki11g of persons, or compelling ~~tution. 4 Plaintiff now

~ claims thatthis is a sexual assault action but has pled nothing t~ Defendants fair notice that such a claim was being made. Therefore, Defoodants' t"~ the claims at "face value" is

o~"' exactly il1line with what the Texas Rules of Civil Proced~nmtdate. ?5} Plaintiff pled the following: o~dl Defendant MORRIS intentionall)b~sed physical contact with P. laintiff FARMER directly a11d~:fhrtll· gh the instrumentality of dmgs, while he knew or should reasol't lmve k.nowfi that FARMER would find that contact offet1sive or~ ocative. 5

Assault occurs when: ~ A person int. er.1tionlJ!'liYQr k.n.. owiugly .. causes p. hy. sicaJ ~ontact witl1 another when t11e ~n knows or sl;ould reasonab~y believe that the ot11er wtll regaft»~'tontact as offenstve or provocatt.ve. 6

The Plaintiff's petitio!l ~·ors, almost exactly, the lm1guage of assault, not sexual assault. ~ In suppo~1et: proposition t11at §16.0045(a)(l) should apply in the instant case, ©i Plaintiff oit~tephanie M v. Copti¢ Orthodox Patriarchate Dioce$e o.f S. U:.S., 362 S.W. 3d 656, 659 (Tex. App. -Houston [14th Dist.] 2011, rev. den'd). First, in Coptic Orthodox the issue was, "whet11er the five year statute of limitations applicable to petsonai injury claims ~ Flowersv. Flower:;,407 S.W.3d 452,451-458 (rex. App. -Houston, 2013). 4 Tex. Civ. Prac. & Rem. Code §16.0045(a)(l)-(5). 5 Pl.'s Original Petition, .at 11 l.Q. 6 Tex. Penal Code §22.01(a)(3).

3 *6 arising as a result of sexual assault applied only to suits against the pe1petrator of the sexual assault, not to suits against third-parties who are alleged to have negligently supervised the perpetrator or negligently failed to institute policies or procedures designed to prevent such behavior.'' 7 That is not the issue here. Defendants have asserted in their motion to dismiss or alternatively motion for summary judgment that the two-year statute of ]~lions applies

~!}""-- because this is a civil assault and invasion of privacy claim not a sexual a~ claim. Additionally, the petition in Coptic Orthodox clearly put theo~ndants in that case on ~ notice that th(;l cause of action was for sexual assault, not asQ~ Specifically the plaintiff's petition read as follows under "cause of action": ,~

0~

Upon trial of this case, the evidence will ~ that Stephanie M., whose date of birth is Nowmber 24, 1986~as sexually assaulted, as defined by §22.011 of the Texas Penal oC~e, in Harris CoU!lty, Texas, byDefendant. .. 8

~ ~ In the Appellate Court's opinion r:g,~g the trial court's grant of the defendant's 1liotion for summary judgment based op,..,~tute of limitations, tl1e coort did state that "talcen !f:JJV!g together, the provisions of section t~45 unambiguonsly show a legislative inte!l.t to provide victims of sexual assault ... mo;r_~ 9me to seek dan1ages for their injuries." 9 The key phrase in

~~ that conclusion is ''sexuaJU$Sj\jft." In this case, Plaintiff did not plead sexual assault and does not assert facts to fal1 0 ~r Section22.01I(a)(l)(A) of the Penal Code which Plaintiff claims is

~ applicable. 10 lrtst~qlaintiff asse1is language that mhmrs the civil assault elements and/or iQ cause of acti~~ 7 Stephan.ie M. v. Coptic 0!'thodax Patriarchate. Diocese of S. U.S., 362 S.W. 3d 656, 657 (Tex. App. - Houston [14th Dist.]20U, rev. den'd). 8 Stephanie M. v. Coptic Orthodox Patriarchate Diocese afS. U.S., 362 s.w. 3d 656, 657 (Tex. App.- Houston [14t11 Dist.] 201l,rev. den'd)(Second Amended Original Petition, NO. 2008-523&2, at p.2), Ex. A. 9 StRplumie M. v. Coptic Orthodox Patriarchate Diocese of S. U.S., 362 S.W. 3d 656; 659 {Tex. App. - Houston [14th Dis!.] 2011, rev. den'd); see also Pl.'s Resp. to De£'s MllvlSJ at p .. l3. IOp].'s Resp. to Def.'s MIMSJ, atpp. 16-17.

4 *7 Plaintiff indicates that Defendants "never once" cited the statute, Texas Civil Practice & Remedies Code Section 16.003(a) in its Motio11 to Dismiss and Motion for Summary Judgment to imply that Defendants did not cite to the statute because it does 110t apply. This is simply not the case. Interestingly, .although Plaintiff does not apply that same assertion to her own Petition which also does not once cite the Texas Penal Code for sexual assault, SectiliJ>=22.001{a)(l) , ijv even though she goes to great lengths to convince this comt that it somehcQould apply now in

~ order to .avoid the correct, two year statute of limitations for her as~nd invasion of privacy ~~

causes of action.

B. Civil .Practice and Remedies. Code §16;0~.45( .. a) is i~~Iicable to the facts ofthis case and therefore the five-year statute ofllll11tal;ions~ot apply. Plaintiff now asseJts that this case is "clearly #Ilj)ted by the provisions of Civ. Prac. &

Rem. Code § 16.0045(a) which provides for an ~ble five (5) year statute of limitations.'' 11 First, Plaintiff admits that her petition asseti~as ofactlon f.or assault and invasion of privacy. Now, in order to avoid the stahlte of lhni~ons of these claims, Plaintiff suddenly asserts that

:t:JJ"@ "her claims fall more reasonably o~he parameters of Civ. Prac. & Rem. Code § 16.0045( a}, which provides fcr a five (5) ye~mitation period in cases involving sexual abuse .. .'' 12

(a) A persoil must;b~suit. for personal injury not. later than five years after the ~y the caus~ ~ction accrues if the injury arises as a result of conduct that vwlates; o r!fi}

Q

(I) S* 22.011. Penal Code (sexual assault). 13 ~rg Section22.0~fthe Penal Ccde, "Sexual Assault'' states in pettineilt prut as follows: A person commits an offense if th.e pe1·son: (1) inteJJtionally or knowingly:

11 PL's Resp. toDef.'sMIMSJ, atp. 12. 12 Pl.'sResp. to Def's MJMSJ, atp. 14. 13 Civ. Prae. & Rem. Code §l6.0045(a)(l) (West 2015).

5 *8 (A) causes the penetration of the anus or sexual organ of anotl1er person by ru1y means, without the person's consent; (B) causes the penetration of the mouth of Mother person by the sexual organ of the actot, without the person's consent; or (C) causes the sexual organ of another person, without the pc!"son's consent, to contact or penetrate the mouth, anus, or sexual organ of anotl1er person,including the actor ... 14

* Defendants are not attempting to ignore fue facts of fue case or diminish or~~spect the events that Plaintiffhas alleged occurred. Additionally, Defendm1ts are not bl~the Plea Agreement signed by DefendaJJt Morris and/or tl1e Superseding Indictment in ~~imina! case. However,

·

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. o{f77

as is necessary aJJd appropriate, Defendants must apply fue laQ it stands to the facts as they

¢~ are in this case. .·~ The five year statute of limitations as state~~e Civil Practice & Remedies Code §16.0045(a), on which Plaintiff now intends to~s only applicable if tl1e injmy to plaintiff arises as a result of co11duct that violates Se~Q2.011 of the Texas Penal Code. Plaintiff even admits tllis and refers to the reqliiremen~flenetration of the sexual organ of another person by any meaJJs, without that person'~~ent. 15 Plaintiff attempts to gloss. over and ignore the meaning of "sexual assault" a~e elements necessary for a person to be guilty of suc!J offense. Tims Defendm1ts will adt:Feaeh in tum to show fue inapplicability to the causes of action herein and. therefure QI~ason why Plaintiffplead. as.sault m1d invasion of privacy not personal

~ injury caused by~ assault as she now claims. g Sex~ult with regard to Civil Practice. and Remedies Code §16.0045(a} is governed by the defi1lition contained within Sectimi 22,Dll of the Penal Code as clearly delineated within its text. TI1erefore, as Plaintiff is not a child, in order for § 16.0045( a) to apply, Defendm1t would 14 Penal Code §22.01J(a)(l)(A)-(C) {West 20l5)(Note: Defendants Qid not include the text of §22.Qll(a)(2) because it applies to a child and.is therefore inapplicable in this case). 15 Pl.'s Resp. to Def.'s M/MSJ atp. 16.

6 *9 have had to cohlmit sexual assault under Section 22.011(a){l) of the Penal Code. As to the. first two ways to meet the requisite element of sexual assault, "penetration" is required. In her recitation of the facts, Plaintiff states that she felt certain that "she was physically violated because she had redness i11 her vaginal area and bruises on her a1m and "hip area" Although she did not feel she had been raped, she felt like .she had "b~touched" a11d

@ she was sore in her "female regions", especially on the outside." 16 Specifi~, Plaintiff testified ~ as follows: 0~

~

... Do you believe you have been sexually violate~ Q: A: .~ Yes.

0~ ifij? Q: In what fashion? I was having pictures taken of me w~tl"~ clothes oft: A: ~· Okay. Anything else !hat wo,~ad you to believe you had been sexually Q: ~ u~- violated? I felt like _J had beenlike~~1ed, but not like- like it didn't feel like anybody

A: tdP had sex w1th me. but I was l!ke kind ~e in my female regions.

Q:

You believed y~re sore in yDur female regions. A: ©>""' Yeah - h~ Y- like on the outsideY

Q:

Plaintiff's ~· o ~tilnony h1dicates.that no penetratibil as set forth in Texas Penal Code

. ~ Section 22.011~ A) or (B) took place. Plaintiff also offers no facts to support an offense of sexual assau~der Section 22.011 (a)(1 )(C). 18 16 Pl.'s Resp. to Def.'s MSJ, at p, 7 (citing Farmer Dep., at99:12-22), 1' Fanner Dep., atpp. 9~:20-100:10, Ex. B.

7 *10 In evaluating a similar situation where the plaintiff did in fact plead assault and sexual assault but the facts revealed tbat the statute of limitations had e:>.'Pired on the assault claim and the alleged actions of Defendants did not meet the elements and/defmition of sexual assault in the Texas Penal Code, the court determined that the defendant's motion fot sui11mary judgment on those grounds should be granted with prejudice. 19 Similarly here, Plaint~annot simply

i}~y avoid the two-year statute of limitations for personal injW'y although ~oes not meet the ~ requisite elements for sexual assault in which the five-yem· statute of l~tions would apply. "~""'-. Plaintiff incotTectly cnncludes that, "Ms. Fanner ma~ry clear in both her FBI statement at1d her deposition t(lstimo)IY that her vaginal regia"~:; red and sore, indicating to her 0~ at least some degree of penetration, although she did ~elieve she had been raped." 10 As outlined in ti1e excerpted deposition testimony of j,>lsff above, she did not say that there was

tf!" "some degree of penetration." Plaintiff now 1~ this faqtually baseless cnnclnsion tb attempt to push her claims into §16.0045 to avoid +dants statute of limitations defenses.

Plaintiff cites to Mayzone ~.1/!sionary Obliates ofMary Immaculate of Texas, to $Upport its assertion that a five y~tute of li111itations applies where the plaintiff btings suit for personal injury caused ~~nal assault or aggravated sexual assault. 21 However, in Mayzone, plaintiff Ma~"led a lawsuit alleging that he was sexually abused by Defendant when he was a mi~~refore, the claims asserted therein were related to Section22.011(a)(2) as to ti1e sext~~a®lse of a minor child. The, instant case is clearly distinguishable ;fi·om sexual abt)Se of a 6~

- - - - - · - - - - - -

19 Ccu-r"ion v. A..rawi, No. DC1403691, 2014 WL 6682548 (Tex. Dist.- Dallas County, Nov. 10, 2014)(dting Tr. Ct. Order, 101" JudicialDist), Ex. C. ' 0 Pl.'s Resp, to Def.'s M/MSJ, atp. I 6-17(citingFarmer Dep. 99:20-100:7). 21 Pl.'s Resp. to Def."s M/MSJ, at p. 19 (citing Mayzone v. Missionary Oblates qf Mmy Immacu]JJte of TeJ({IS, No; 04-13-002.75-CV, 2014 WL 3747249, at *3(Tex. App.- San Alltonio, July 3, 2014).

8 *11 As to Plaintiff's ilwasion of privacy claim, Plaintiff asserts that the "claim is a pari and parcel of her sexual violation." 22 It seems that Plaintiff is trying to assert that the invasion of privacy claim must then have a five-year statute of limitations instead of a two-year limitations. As set forth in Defendant's Motion, the ii1vasion of privacy statute oflimitation is clearly stated within Texas law as being two years. The fact that nude pictures were taken oi'5P'hintiff does not

~~ . suddenly extend the two year statute of limitations on an invasion Qivncy claim, and Plaintiff's point to. no. case law stating same. In fact, in Wood v. ~r Magazine, Inc., 736

~ F.2d 1084 (5th Cir. 1984) plaintiff and her husband brought a~ against Hustler magazine alleging invasion of her ptivacy when it published a nude ,&to graph of her. In finding that

o:!f!jF Toxa$ law applied to the case, the Court determined ~-year statute of limitations for tl1e invasion of privacy claim. "Texas courts constn,Je ~es of limitations strictly, 1·eqt1iring tllat

O~JI

an action be specifically excepted in order~void application of the general statute of limitations.'>23 Similarly here, the two-ye~tute of limitations mnst apply as Plaintiff's claim is clearly pled as "invasion ofptivacyt"0@!

Plaintiff's sudden relianc{]l.~ex. Civ. Prac. & Rem. Code §16.0045 is simply an attempt to defeat Defendants' J~ations defense ahd a futile attempt to utilize the extended five- .

©~

year statute to bring ass~Yd invasion ofprivacy c1 aims under tl1e purview of sexual assault. C. The Statu~#nitations should not be Tolled Plaintiff'~rtion of fraudulent conceahnent as an affinnative defense to a statute of .~~

..

. JimitatiO\Js IS::;i;l!isplaced ru1d inapplicable to t11e instant case. Plaintiff claims tl1at fraudulent conceahnent makes her invasion of privacy claim timely even if the Court wete to. apply the tWo- year statute of lin1itations because Plaintiff allegedly "leat11ed of the photos ru1d what they 21 Pl.'s Re•'P· to Def. 's MIMSJ, atp. 17. :n Wood v. Hustler Magazine, Inc., 736 F.2d i084, 1089 (5th Cir. 1984).

9 *12 showed only after the FBI seized th.em ft·om Morris and showed them tO her in May, 2012. " 24 This assertion is without merit

Fraudtdent concealment is based upon the doctrine of equitable estoppel. If proved, the defense of fraudulent concealment estops a defendant fi·omrelying on the statute of limitations as an affinnative defense until the plaintiff discovers or, through reasonabl~~gence, could

~

. discovqr its cause of action? 5 Therefore, under the facts of tl1e. pr~ case, Defendants challenge Plaintiff's fraudulent-concealment defense, and in es~1er equitable-estoppel

<i;f defense. Fraudulent concealment is an affhmative defense at~~~efore, the burden is on Plaintiff

~

to present sm11mary judgment evidence to support suc~ense. Plaintiff failed to meet this bntden. To show that the defendant engaged ^[0] i,.:2udulent concealment fur purposes of

~-

estopping the assertion that limitations has r~~ plaintiff must show that the defendatll had actuallmowledge that a wrong had occurr~1d had a fixed purpose to conceal f<Jcts nec<:;ssary for the plaintiff to discover that its~~ of action had accrued. The estoppel effect is not pennanent, but merely tolls Iimiu@ll~ until the plaintiff learns of the facts that give rise to its cause. of action or should©~ of the facts in the exercise of reasonable diligence. 26

Plaintiff attempt~ Uore or gloss over the fact that Plaintiff !mew of her cause of action by May 2011. Sh~l~d in her deposition that in May 2011 she had reason to believe she was violated becau~~ "'tmd "pictures take on [her] with [her] clothes off." 27 Plaintiff in fact knew that pictnre~d been taken of her as of May 2011. "Relint1ce is not reasonable when "'Pl.'sResp. toDef.'sl\1/MSJ, atp. 41. 1' 5 Robinson v. Ultramar Diamond Shamrodc Corp., Nv. 01-02-00738, 2003 WL 211()1730, at* (Tex. App. Houston [lstDist.] May 15, 2003). 26 Bayou Bend Towers Council of Co-Owners v. Mimhattan Canst. Co., 866 S,W.2d 740, 746 (Tex. App. 1993), wrlt denied (Apr. 28, 1994). 27 FannerDep., at99:12-IOO:l0, Ex. B; see also IJe±:'s M!MSJ, at p, 15.

10 *13 information revealing the ttuth could have been discovered within the limitations period." In the instant case, Plaintiff had knowledge that pictures were taken of her as she testified " ... I heard the sound of a Blackberry camera ... " "Like a clicking, like the picture sound that a Blackberry makes when it's. taking a picture." 28 She also testified, ''I was having pictm·es taken of me with my clothes off" when asked if she had teru)on to believe she had been violated ~May 2011. 29

,.fi?~@J Knowledge of facts, conditions, or circumstruwes wl1ich would ca~reasonable person to make inquiry leading to the. discovery of the concealed cause of~~ in the law equivalent to knowledge of the cause of action for lhnitation purposes.~·n where a child has been sexually abused, ru1d claims "chronic psychological ;';&,clition" prevented him from

o{P- understanding his injuries were as a result of the. sexua~se ru1d other actions of defendants, Texllil courts have found that fraudulent concealw~illnot toll the. statute of limitationsY

~ Plaintiffs llilSertion that she "first saw the pho~ly after the FBNI [sic] seized them" does not remove the clear fact that she knew picture~re taken of her while she wM naked in May 2011, as she cle11dytestified. 32 '!:JI@

~

Despite Plaintiffs burden ~et all the elements of fraudulent conceahnent in order for it to apply, Plaintiff buries ~ clen1ent!l in its Response and fails to provide competent cg~ summruyjudgment evi~"at each of the elenwnts are met. D. Defendan~i"'~on to Dismiss based on the affirmative defense of limitations is timely. ~· ~rg ~ 28 FarmerDep., at97:15-20, Ex.B; see also Def.'sM!MSJ, atp.4. 29 Def:'s M!MSJ, atp. 5 (citing Famerbep. 1 97:15-198:3,Ex. A; see also Farmer 2.2.12 Interview FBI, at 33:9-15, Ex. D). 3.0 Bayou Bend 1bwers Coandl ofCocOwners v. Manhattan Consi. Co., 866 S.W.2d 740, 747 (Tex. App. 1993), writ denied (Apr. 28, 1994). 31 Doe v. Roman Catholic Archdioceses ofGalvestOJlc Houston ex rei. Dinardo, 362 S.W.3d 803, 814(Tex. App. Houston [14th Dist.] 2012. >2 Pl.'s Re-'lp. to Def. '.s M!MSJ., at p. 21.

1.1 *14 Plaintiffs asseJiitm that Defendants have. waived their right to file a motion to dismiss in this case based on the affirmative defense of limitations pursuatlt to Texas Rule of Civil Procedure Rule 91a is flatly incon·ect. Texas Rule of Civil Procedure Rule 9la states;

Except in a case brought under the Family Code or a case govemed by Chapter 14 of the Texas Civil Practice and Remedies Code, a party may move to dismiss a cause of action on the grounds that it has no basis in law. ~ct. A cause of action has no basis in Jaw if the allegations, taken as ~ether with inferences reasonably drawn fi·om them, do not entitle the c!aY~t to fue relief sought. A cause of action has no basis in fact if no re~ble person could believe the facts pleaded. 33 ~

0~

The clear l!tngoage of Rule 91 st::ttes that a party may move to~iss a cause of action on the n& grounds that it has no basis in law or fact. Rule 91 does n~.-ndate that a patiy tl1nst take this action pui'snant to tlus rule. Plaintiff claims tllat a ~~a motion to dismiss is the proper vehicle to assert an affit1native defense of limita~ 4 Then Plaintiff attempts to stretch this

F~

assertion to cover her own creative assertit\uaat this automatically means that a motion to dismis.s at any other time is suddenly "uni:iMy." This is not the scope of Rule 9la. Instead the rule is a vehicle to provide an expe~ay to get fue court to review a baseless claim early on in tlte litigation because fue co~ust grant .or deny tlte motion within 45 days and is not

. -~~· 5 Altematively, Defendants tcqnired to even conduct U~~1g before ruling on the. motion. 5 also asserted such affi1!J~tive defense in its. motion for sununary judginent which is also a

o%,(!JF proper vehicle for~defenses. E. The ~~ is the appropriate . vehicle for Plaintiff to bring a cll!inl against Defe~nt Edible however she fail~ to do so and is now precluded pursuant to its administrative requirements.

ll Tex. R. Civ .. P. 91 ~. 34 Pl.'s Resp. to Def. 's M/MSJ, at p. 24. "Tex. R. Civ. P. 9.1 a.

12 *15 In response to Plaintiff's assertion that the TCHRA only applies to "actions in the. workplace which implicate the conditions of employment" Defetidants. first assert that the location of the sexual actions being on business trips does not negate the applicability and subsequent administrative requirement of the TCHRA. In Dorn Hecker v. Malibu Grand Prix Corp., 828 F.2d 307, 308 (5th Cir. 1987), the district court found for a plainti~1ployee who resigned because of sexual harassment that involved the following inci~\at occuncd m1 out-of-town business flips; (l) a marketing consultant hired by Mali~d sent on a business

.~ ttip with plaintiff employee put his hands on her hips in an ai~cket line and dropped his pants in front of the passengers while waiting to board the aWt;ne, (2) he touched her breasts

¢~~ and (3) he put his stocking feet on a cocktail table d~y in front of her and "playfully" choked her when she complained. The plaintiff in Pt!!JY!Iecker filed suit for sexual harassment pmsuant to Title VII and the court consideretJ~~uch although the actions took place away fi•om the actual woi'kplace while oil busine~ps, analogous to the.incidents in the instant case, In Gazda v. Pioneer Chlor Alkall Co't{f/J!! 10 F.Supp.2d 656, 665 (5th Cir. 1997) the plaintiff employee was subjected to unwm~~exual conduct While on a business trip and such actions were evaluated hy the Court ·~ Title VU sexual harassment. All ofthe incidents related to

~ the case took place on ~Jness trip away from the plaintiff's usual workplace however, this did not negate th~#ation of Title VJI sexual harassment claim. 111erefore, Plaintiff's assertion that th~~ed sexual actions took place "outside the workplace, in fact in a remote state" are h~~levant. 36

Seco11d, Plaintiffs assertion that tl1e TCHRA has no application here is also without

merit especially to Defendant Edible Software. Jn Wciffie House, Inc. v. Williams, the Texas Supreme Court held that "employer liability for unwanted sexual touching by a coworker 36 Pl.'s Resp. to Def.'s M/MSJ, at p. 31. *16 (simply assault under Texas law given its 'offensive or provocative' nature) is limited to a tailored TCHRA scheme that specifically covers employer liability for sexual harassment." 37 Plaintiff contends that this is manifestly distin&itlishable be.cause "Monis didn't abuse Ms, Fanner to "affect a tangible aspect of the employment relationship." 38

To affect a term, condition, or privilege of employment, the harassme~ust be sufficiently severe or pervasive to alter the conditions of the victim'~~loyment and create an abusive working environment. The alleged conduc~ust be both objectively offensive, meaning that a reasonable person woul~ ~ it hostile and abusive, and subjectively offensive, meaning that the vic~rceived it to be so." Further, it is examined under a ''totality of the cir~nces" test, which considers "the frequency of the discriminatory conduct~ severity; whether it is physically threateni11g. or hmniliating, or a me.re of.il~ ~. utterance; and whether onnance. 39 it unreasonably interferes with an employee's work

{{{fj Plaintiff misstates th.e meaning of "affect a term, c~tion or privilege" of employment by ~~ stating that the conduct that forms the basis o~~tiffs claims must not be applicable to the TCHRA because Defendant Monis did n~ Qe such actions with the intention to make an

0

eJnployrnent decision or affect a con£1;;1>hm of her employment TI1is argument is in fact

tlf nonsensical. There is no require1~at there be evidence that the employer "intended" to make an employment decisi~r affect a condition of her employment. TI1e key is the conditions imposed, 11ot ~mployer's state of mind.40 Here Defendant Morris' unwanted sexual touching, as ~~d by Plaintiff, is governed by the TCHRA as to employer liability (Defendant Edibl~~lity). As Defendant pointed out in its Motion, l'lai11tiff testified that this

0 unwanted s~ouching did affect tenns and conditions of her employment because she felt uncomfortable around her supervisor Defendant Monis and began looking for other employment '' Wlfffle House, Inc. u. Tiflilliams, 313 S.W.3d 796, 802-803 (Tex. 2010). 1> Pl.'s Resp.to Def.'s MIMSJ, at p. 30. 39 Paul v. Nortlwop Grumman Ship .5Ys., 309 F. App'x 825, 827'28 {5th Cir. 2009)(internal citations omitted). 4 0.McCawan v. Software Spectrum, Inc., No. 08-00-00077-CV, 2002 WL 505138, at *7 (Tex. App.- El Paso April 4,2002).

14 *17 because of the sexual harassment. 41 TI1erefore, Defendant'.s a.ssertion that Plaintiff cannot point to a single, "tenn, condition, or privilege of the plaintiff's employment" affected by the harassment is untrue.

Hostile work environment sexual harassment occurs when an employer's conduct ''has #J; '0;~· the purpose or effect of umeasonably interfering with an individual's worli0:.-fonnance or creating an intimidating, hostile, or offensive enviromnent." By Plainti~n recitation ofthe facts, Defendant Morris' conduct had the effect ofunrea.sonably crea~n intimidating, hostile

~""

'

at1d/or offensive envirotm1ent. She testified that she spoke wQ~fendant Monis about what happened while on the business trip and told him it was inap1~riate, \vt'ong and that she needed.

~ to find a different job. 42 Plaintiff did in fact start lo~~ for another J'ob due to Defendant Morris' conduct. 43 Her actions a11d feeling that. ~~auld not work with Defendant Manis

~ anymore also gives rise to a constructive alt~ of the te1ms or conditions of employment althongll not culminating in a tangible en~ent actiou. 44 Plaintiff cmmot try to avoid the administrative pre-requisites of the 'I~~@)· now by a.ss.etting that there was no creation ofan

. ~ intimidating, hostile or offensiv~iromnent. Tiris is wholly inapposite to Plaintiffs own ~

testi1110ny.

A hostile work~Yonment sexual harassment claim was the exclusive remedy for Plaintiff to bring ~s{~~gaiust Defendant Edible for sncl1 conduct as asserted here, which took place on a busin~ip drui:ng her employment by Defendant Edible. The law is clear a11d also the legislati~~nt is also clear related to dmnage caps that conm1o11law claims do not have.

In determining that the sexual harassment statutes precluded state common-law claims, the Texas Supreme Court noted tbat the state statutes

41 Def's MIMSJ, at p. 11 (citingFamrer Dep., at 27:13-16; 133:21-134:10, Ex. A). 42 Farmer Dep,, at 106:5-7, &. li. 43 Fanner Dep., at 29:1S-25; Ex. B. ~·Twig{ and Fashions, Ltd. v. Miller, 335 S.W.3d 206, 217 (fex. App.- Austin, 2010).

15 *18 have caps on compflnsatory and punitive damages available to a plaintiff that the common law claims did not have. Title VII has similar caps. The court noted that allowing conm1on Jaw claims to be pursued would allow plaintiffs to avoid those damage limitations. 45

Allowing a common law claim to be pursued against Defendant Edible when the case falls

within the purview of the TCHRA would be allowing Plaintiff not only

to avoid the mandatory

~ ~Jf administrative requirements but also to avoid damage limitations. F. Defendants meet the.ir burden to establish the affirmativ~ d~~Q of limitations and therefore the alternative motion for summary judgments~ be granted. is misplaced in her assertion that Defend~~1mot meet the summary

Plaintiff

judgment standard in this case that the Plaintiff cannot meet ~neuts of her causes of action.

Q~v

That argument is inapplicable because the sm11maryjudrnt motion before the comt is based on affii1native defenses. 46 A defendant is entitle~9 sununary judgment on an affnmative

¢~

defense, such as limitations, if the defenddnclusively proves all the elements of the affinnative defense. To conclusively prov~il of the elements of the af:finnative defense, the movant mttst present su1ru11ary jud~iilll.t evidence that establishes each element of the

~15f;Jf'"

affinnative defense as a matter of~~ If the defendant meets this burden, the plaintiff in liSt then produce evidence raising a g~e issue of material fact to avoid summary judgment on the

(\)

affinnative defense. 47 P~'f asserts that it has "more than met that obligation by compellingly demonstrating that h~ms are governed by tile Civ. Prac. & Rem. Code §16.0045(a)(1)'s five (5) year limita~eriod." .However, as explained herein, Plaintiff has brought forth no competent ~ary judgment evidence that she in fact pled sexual assault or that the

requirements of Section 22.ol 1 of the Penal Code were met for her Claims to fall under

<s Garafa v. Shell Oil Co., 355 S.W.3d 768, 777 (Tex. ApJ>. 2011). 46 Fl.'s Resp. to Def. 's MSJ, at p·; 35-36 ("Here, the Defundants have negated Mthing, much less any prima facie elements of Ms-. Frumel''s claims. H). 41 Vu v, ExxonMobil Cmp., 98 S.W,3d 318,320 {Tex. App. 2003).

16 *19 §16.0045(a)(l) for sexual assault. Without such evidence, Plaintiff's attempt to raise a gem:dne issue of material fact to avoid summary judgment on Defendants,, statute of limitations defense fails.

ill. CONCLUSION ~ For the foregoing reasons, Defendants respectfully requests th~ Court grant its Motion to Dismiss Dr alternatively, Motion for Sum111ary Judgment ~der that Plaintiff take ~othh~g for her claims against Defendants. Defendants fi:uiher r4!!tl;{iJ all other relief to which it !S enfltled.

,~

0~

$

R,~ctfully Submitted, 0~ ~ U Is/ Gregg Af. Rosenberg ~ Gregg M. Rosenberg ©

Texas State Bar 1D 17268750 ,?~ ROSENBERG & SPROVACH ,rt,_"''U 3518Travis, Suite200 ~"" ~ Houston, Texas 77002 Tel: (713) 960-8300 ~\ Fax: (713) 621-6670 ~~ U©J Attorney-in-Charge for Defendants ~ OF COUNSEL: o~ ROSENBERG & ~VACH

ATTORNEYS FOR DEFENDANTS

{f:::© ~ 17 *20 CERTIFICATE OF SERVICE 1 certify that a true aud correct copy of the foregoing instrument has been forwarded via electronic transmission aud hand delive1y on this the 26th day of February 2015 to: JeffreyN. Todd 312 S. Friendswood Drive Friendswood, Texas 77546 (281) 992-8633 (Tel) ~ if a

(281) 648-863 3

jeff@actlaw .com

~ :~ Is! Gre M. Rosenbe ~

GREGG M. ROSE

.. G

18 *22 ANDREA FARMER 7/11/2013 1 (Pages 1 to 4) 1 3 CAtlSE NO. 2012-65503 1 INDEX ' § KER.I IJILL and IN THE DISTRICT COURT 2

MICHELLE BARNETT

' ' ' ' ' ' ' '

Plaintiffs 3 Appearances ......................................... 2 ve. 55TH JUDICIAL DISTRICT 4 ANDREA FARMER HENRI MORRIS and SOLID 5

SOFTWARE SOLUTIONS, INC.,

6 Examination by Mr. Rosenberg ................... 5 d/b/a EDIBLE SOFTWARE

Defendants HARRIS COUNTY, TEXAS 7 Examination by Mr. Cogdell ..................... 148 ****************~******"* ********* 8 Re-Examination by Mr. ~berg ................ 222 " n .ORAL AND VIDEOTAPED DEPOSITION OF

ANDREA FARMER

1~ Certified Question ... iF~!@~ ................ 143 " n JOLY 11, 2013 * ************************ *** ******

H

" ORAL AND VIDEOTAPED DEPOSITION of ANDREA FARMER,

11 Signature and Chang~!... ......................... 239 " ^[17] produced as a witness at the instance of the Defendants, and duly sworn, was taken in the above-styled and 12 Reporter ^[1] s Certifi~ ............................. 241 ^[18] numbered cause on the 11th of July 2013, from 10:09 a.m. ^[19] to 3:56p.m., before Molly Carter, CSR in and for the 13 ~' ^[20] State of Texas, reported by machine shorthand, at the ^[21] offices of !J.S. Legal Support, 802 North Carancahua, 14 " ^[23] Suite 2280, Corpus Christi, Texas, pursuant to the Texas

Rules of Civil Procedure and the provisions stated on the °~EXHIBITS 15 " ,

record or attached hereto.

16 NU~ DESCRJPTION . PAGE 17 Exh~l Photo of Andrea and Comedian ............ 85 18 ~ 2 Photo of Henri and Comedian ............. 95 it3 EmailfromAndreatoHenri .............. 125 19 ~~hibit 4 Handwritten Notes on Back of Statement .. 1 9 ~ Exhibit 5 5/9/11 Facebook Po9t .................... 193

.o f:d2 Exhibit6 5/9111 FacebookPost .................... 193 1 :(d23 Exhibit 7 5110&11/11 Facebook Posts ............... 222

~ 2 4 Exhibit 8 5/9/11 Facebook Post .................... 222 2 5 Exhibit 9 5111 &12/11 Facebook Posts ............... 222 2 4 1 APPEARANCES 1 Exhibit 10 5112 & 7/27/11 Facebook Po9t9 ........... 22 2

2 Exhibit 11 7/27&29111 Facebook Posts ............... 222 3 FOR THE PLAINTIFF(S): MR. JEFFREY N. TODD 3 Exhibit 12 8/2111 Facebook Post .................... 222 The Law Finn of Alton C. Todd

4 Exhibit 13 8/2&8111 Facebook Posts ................. 222 5 312 South Friendswood Drive 5 Exhibit 14 8/8/11 Facebook Po9t .................... 222 Friendswood, Texas 77546 6 Phone: (281) 992-8633 6 Fax: (281) 648-8633 7 jetl@actlaw.com

8 9 9 10 10 11 11 12 12 13 13 14 " 15

FO~~;gjl~~~~~~:r HENRI MORRIS: 15 16 16 Fhm 17 Street, 4th Floor 17 Houston, Texas 77002 18 18 Phone: (713) 426-2244 Fax: (713) 426-2255 19 19 dan@cogdell-law.com 20 20 21 21 ALSO PRESENT: 22 MR. TOMMY KLING, VIDEOGRAPHER

22

MR. DESTRY QUIROZ, VIDEOGRAPHER

23 23 MR. TREVOR MORRIS MS. BETH JACKSON (Present ffom 10:09 to 10:38) 24 24 25 25

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2 (Pages 5 to 8) 5 7 THE VIDEOGRAPHER: Time is 10:09 a.m., lu1 1 A. Yes. Q. Where did you live prior to that? 11th, year 2013. We are recording. 2 ANDREA FARMER, 3 A. 1117 North Austin Street in Rockport, Texas. Q. And Rockport is in a neighboring county. having been first duly sworn, testified as follows: 4 EXAMINATION 5 Conect? 6 A. Yeah, it's like 45 minutes away. BY MR. ROSENBERG: Q. _Can you please state your name, state and spell Q. Okay. And how long did you live there? 7 your name for the record? 8 A. It was my parents' ~!!!;nee, so it was sort of like my permanent resid ~~ '1: guess. But I lived tlter A. Andrea Farmel'. 9 from September ~- six- s. Q. Okay. Ms. Fmmer, we're going to put you on 1 0

hold for just one second. There's a technical issue that 11 Q. Where did yo prior to the Rockport Mr. Todd and I need to address that really doesn't 12 address? ~

A. 3000 s~tJont-- I can't remember my old concern you. So we're just going to forget about you for 13 14 address~~ S~ont and Washington, Houston, Texa . a second and address this, get it on the record, and Q. ~you do for a living today? continue with your deposition. 15

A. Q~ for Konica Minolta, with a K. It's a MR. ROSENBERG: Jeff, tell me ifl'm wrong, yo 16 17 bus~ 'Yoiutions company, so I sell hardware and lodged an objection prior to the deposition starting contending that Ms. Jackson should not be here, and you 18 so e to different businesses. And how long have you been working for Konica were invoking the ruie. My position was that we notic 19 ~-,;:._malta? that Ms. Jackson and Mr. Morris, Trevor Morris would here, in accordance with the appropriate Rules of Civil ~ A. Since February. Procedure, and our position is you didn't object. You ~2 Q. Do you have a territoty? 3 A. Yes. said you're invoking the rule.

We agreed to take it up later, with my riski 24 Q. Where is the territ01y? the fact that Ms. Jackson might not be able tote ' 25 A. Well, I have vertical, so anywhere in Corpus rg 8 1 1 and the surrounding area, and I'm verticalized into leg I trial. ~ oil and gas, education, finance. 2 MR. TODD: That is correct~~Q 2

MR. ROSENBERG: Okay. ~ 3 3 Q. So you cover Corpus Christi in a multifaceted 4 MR TODD: Counsel tOr~tiff objects to the 4 area of their, ofKonica Minolta's -- attendance of Beth Jackson. I' ifDfnecessarily --it's A. Right, so as far east as VIctoria and as far 5 5 not an objection. I'm invoki 6 west as Kingsville. 6 rule at this time. It's anticipated that she's to testify at trial. 7 Q. Okay. Have yo~ ever provided deposition 7 As such, I'm involdn&(t;] 8 e. If they don't mind the 8 testimony such as what we're doing this morning? A. No. 9 rule, then she shall~xcluded from testifying live at 9 ^[0] llii 10 10 Q. Have you spoken with anybody in preparation of trial. I further NN"bjecting to her attendance at any 11 this deposition? 11 A. Yes. 12 other de , as she is anticipated to be a witness 12 in this m , She's not a corporate rep. We haven't 13 Q. Who have you spoken with? 13 14. objec y attendance by Trevor MoiTis because he s 14 A. Sherri Zack, and her assistant, John-- I'm at th~ ate rep. 15 a loss for John's name. I didn't know him that well. 15

'fk e will also be quashing any other depositions Q. It's a him? 16 16 A. Uh-huh. 17 ofnonparties in this matter at this time. 17 Q. (By Mr. Rosenberg) Okay. Where do you reside 18 Q. Is that a yes? 18 19 ma'am? 19 A. Yes. 20 A. 3418 Austin Street in Corpus Christi. 20 Q. Okay. Sean is a man? Q. How long have you lived at that address in 21 A. John. 21 2 2 Corpus Christi? 22 Q. Oh, John. 2 3 A. A year and three months. 23 A. I think his name is John. Q. Okay. Whoe]sedidyouspeaktoinpreparation 2 4 Q. Bringing us back to approximately March of 24 25 2012? 25 fbr this deposition?

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3 (Pages 9 to 12) 9 11 A. That's it. 1 restroom, to do whatever, maybe have a cigarette, Q. Okay. You spoke to JeffTodd? 2 whatever it is you want to do, let us know. But I think

3 you heard-- or if you didn't hear, ru remind you-- A. Not in preparation, but yes, I've spoken to him. 4 the video disks or tapes last for about an hour, so there Q. When did you speak with Mr. Todd? 5 will be a natural hour break. A. Last Wednesday, the 3rd. 6 A. Okay. Q. In person or over the phone? 7 Q. Even though you can anticipate what my questio A. Over the phone. 8 may be, allow me to finish ~,.Q!.J.estion before you begi Q. When you met with Sherri Zack and this person 9 your answer. It, again, aiatk.'~ihe court reporter to get

John, when was that? 10 a question-and-answet ript in sequence. A. I do have a Ji ~on. A. Yesterday. 11 Q. Was that in person or over the phone? Q. Sure. ~ 12

A. Some ~~~estimony that I gave in my A. It was a video meeting, conference. 13 14 statement t~1Bi is actually about Beth, so I don' Q. Okay. So you were here in Corpus Christi? 15 nndersta~w that's an appropriate --lil(e will you A. Uh-huh. Q. And she was somewhere else? 16 just nG me questions about her or about the

17 stat~'rifthat I made about her, or-- that's what I'n A. In Houston. Q. Okay. Because you haven't provided depositio 18 ~a hard time with her being here.

testimony before and we're going along in a dialogue, I 19 ~· Yeah. ~li!!fj A. Because like some of my testimony is about he • want to JUSt pomt out a few things that are a little bit different in a deposition than are, than would be m ~ Q. I understand that. All I can tel1 you in nonnal conversation. ~ 2 response to that is my role here is to defend the compan

Obvtously, you're being videotaped. And o~~VIOU r ~q3 m a case that other people have brought against it. I'm sitting here at a table with vanous attendees 2 4 A. Right the table, and we alllmow what each other's sa Q You have provided infom1ation about allegation 2 5

~ 10 12 1 Correct? 1 of conduct that relates to these claims. And I'm going ~ 2 to be asking you what I believe I need to ask you in A. Uh-buh. ~ ~ 2

Q. But the most important, the~~e get this 3 3 defense ofthe claims brought by those three people r:c~rd official is by the presenc~"'Vcourt reporter 4 4 against my two clients. Okay? 5 s1ttmg between us. 5 A. Whatthree people? ,.__~ 6 A. Uh-huh. 6 Q. Well, let me ask you --let me ask you, do you ~J"..-c§i)) Q. And she has this l~J)''t&achine with all these 7 7 know who the three people who brought suit against Edibl Q 8 buttons. 8 Software 8nd Henri Manis are? 9 A. Uh-huh. ~ - 9 A. I mean, I lrnow the people that it says on this Q. Unfortuya~'4here ^[1] s no button for "uh-huh" 10 paper. 10 11 or "huh-uh." S~~n though I know what you mean wh n 11 Q. What paper are you referring-- 12 you say . . . 'Ufi;or "huh-uh" or something ofthatnatur , 12

A. Keri Hill and Michelle Barnett. I'm go~·n ~you if that's a "yes" or if that's a 13 13 Q. Bamett. And-- "no." ~ ~f lmow what it is, but the way the record is 14 14 A. This is my subpoena. 15 o~ if I do that.

15 Q. Right. I-- thank you. I see it. There's an 16 A. Okay. 16 additional person who's joined named Stacy Stewart. 17 Q. Okay? So I'm not, I'm not going to be --I'm 17 A. Right. 18 not picking on you. I just, it's something we've got to Q. Okay. So those three people- 18 19 do until they figure out a way to get an extra button on 19 A. OJ{ay. 2 0 those machines -- 2 0 Q. --have brought lawsuits. Let me clarify. Those tlll'ee people have joined in one lawsuit- 21 A. Uh-huh. 21 22 Q. --we're done. Okay? 22 A. I understand. A. Okay. Q. -- against my two clients. Okay? I may be 2 3 23 Q. If at any time today you want to take a break, 2 4 2 4 asking you questions about comments you may or may no 25 have made to Ms. Jackson, but at this point, I'm not 2 5 except when a question's pending, of course, use the

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4 (Pages 13 to 16) 13 15 1 1 certain. A. Once a month for the past year, and then 2 2 sometimes a couple of times a weel(, depending on what s A. Okay. Q. Okay. Where were you when you provided the 3 3 going on with the criminal trial. Q. Okay. Let's go to your conversation yesterday 4 4 video conference discussion with Ms. Zack and this 5 with Ms. Zack and this gentleman, Jolm. 5 gentleman named John yesterday? 6 A. Uh~huh. 6 A. At the U.S. Attorney office at One Shoreline, 7 7 the Bank of America building. Q. What did y'all discuss? Q. What time of day was that? 8 8 A. They just, you kno*me to be honest and tell the truth and take my~ with my answers. And i 9

A. It was 2:30. Q. How long did it last? 10 was more of me soli~ nting to feel more 11 A. Two hours. comfortable, becaus b iously I don't have any Q. Was that the first time you've ever spoken with 12 representatlon~oom, and I wanted to get an idea 13

Ms.Zack? of what was go~ happen and what a deposition is 14 A. No. like. ~ Q. On how many other occasions have you spoken Q. O~re you comfortable that you know what a 15 deposi~ 'ke and what it's used for? 16

with Ms. Zack? 17 A. Four to six. A~e·, Q. Four to six occasions? 18 #You understand yom· testimony is under oath? A. (Nodding head.) 19 . Yes.

~ «'@ Q. And that's the same oath that you will be Q. Yes? provided if you testify live at any other proceeding, not A. Yes. Q. Nods of head, there's no button for that ~2 necessarily this one.

j either. ["- 3 A. So this, and possibly including the criminal 24 case. A. Right. ~ Q. Have you spoken with anybody else fron(~e .

. 25 Q. Well, the oath is the ·same. I'm not here about ~14 16 rl 1 Attorney's Office? 1 the criminal case. 2 2 A. Right. A. John, who was there at the ~~epositiml. Q. Right. Video deposition? ~~ 3 3 Q. I'm here about the facts. Some of the facts A. Or not video deposition,~ conference. 4 overlap, and I'm here about certainly those facts. I'm 4 5 5 ce11ainly not going to mislead my, my goal in asking you

Q. Okay. ~ 6 A. And then anyone w~ wers the phone when 6 questions. There's-- as you lmow, there's some 7 call. 7 commonality in the facts.

Okay. Have y~en with a gentleman named 8 A. Yes. 8 Q. Wv ~ 9 Jocher? 9 Q. Correct? But I can tell you, since you did A. Maybe tJt'l!: 10 10 ask, and I think it's a fair question, my understanding ho was-- Q. The oth~at --that might be John? 11 11 is that the oath is the same in federal-- in crimina] A. Ye~~t 12 court and civil court. 12 13 13 A. Okay. Q. 0~ akes sense. I just want to make sure 14 tha~ 14 Q. No different than what you just were 15 administered. 15 • ell, I don't want to say that, because I'm not 16 sure what his name was. 16 A. OJ<ay. 17 17 Q. Okay. Did you and Ms. Zack, at your video Q. Okay. Have you spoken with anybody with the 18 conference yesterday, go over any of the facts giving 18 office of the Fede1·al Bureau oflnvcstigations? 19 19 A. Yes. rise to experiences you had that concem Henri Morris or 20 Edible Software? 20 Q. On how many occasions? 21 A. Fifty. 21 A. Yes. 22 22 Q. About fifty times? Q. What experiences did you discuss? 23 23 A. There were some unclear points in my original A. I mean, once a month for the past two-- or 24 maybe less than fifty. I would say twenty. 24 statement to the FBI, as far as dates were concerned a 25 which city J was in, ami so it was clal'ification on times 25 Q. Okay. So you're--

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5 (Pages 17 to 20) 17 19 1 A. Yes. 1 and dates. 2 MR. COGDELL: Do you need some water? Q. If your cell phone is like my cell phone and 2 3 THE WITNESS: No, thank you. 3 any others, if the number is not engaged in your MR. COGDELL: Anybody? 4 contacts, it will come up as just a number, without 4 5 MR. TODD: No thanks. 5 knowing who it is. 6 Q. (By Mr. Rosenberg) For example, what times and 6 A. Uh-lmb. dates were you concerned about? 7 Q. Correct? 7 8 A. For example., one instance, I -- in my 8 A. Yes, sir. ~

Q. And is it fair to say,~'l&ere are times when deposition, I started talking about something that had 9 9 happened in Washington, D.C., and it was-- I was talkin 10 you will receive a caq;lli~~ a number that's not 10 about it as if it bad happened in Chicago. But then I 11 engaged or aligned w~y of your contacts, that you'll 11 just let it go to voi~ and figure out who it is? 12 remembered that it had happened in Washington, D.C. 12

A. Yes. -~~~as a 713 number, and I have Q. Now, you refeiTed to it as your deposition. 13 13 several closl~~s who work in the Houston area. I 14 A. My statement. 14

15 was liv~n ~ockport at the time. And I answered it, 15 Q. Okay. And I know what you mean, and I'm going 16 to just clarify ww 16 assum at it was one of my close associates. A. I feel like we called it my deposition for so 17 ~o ou spoke to Mr. Gregory head on. You 17 18 ~~ave to return the call? 18 long, and I know that it wasn't, that it's hard to get 19 out of the habit of calling it that. 19 ~ No. Q. Who called it your deposition? ~lft!jj Q. You were engaged m conversation immediately? 20 21 A. I think Glenn Gregory. ~ A. Yes. 22 Q. Tell us who Mr. Gregory is. ~2 Q. What dJd he tell you about allegations that

A. Glenn Gregory is the FBI Agent that originali~Jt ~.::!23 were being made against Mr. Morris? 23 24 called me on the allegations against Henri Morri~r~ 24 A. He didn't say much at all. And I remember

Q. Okay. Up until the time that Mr. Oregmy U" 25 tllinking, just kind of letting my mind run, li]{c, "Oh, n y 25 ~ 18 20 God, what did he do?" Knowing what- called you, is it fair to say that regardin~~ 1 2 Q. What did who do? allegations and the treatment you ~~~1)r endured while employed at Edible Softwar~u: had, you hadn' 3 A. Henri. reported that to anybody? Q Q. Okay.

4 A. Knowing what I had experienced, I assumed that 5

A. No. -~ 6 it had to have been somewhere along those lines. I Q. It's not fair to say -~s._e:']V 7 didn't really know anything at that point, because like I A. It is fair to say t~ Q. Okay. 8 mentioned earlier, I hadn't told anybody or even really I(~ A. No, I had ~'ei>'orted it to anybody. thought about it at all. 9 Q. Okay. -&~~re arc, however, allegations that 10 So he just mentioned that there had been some

you have rela~ Henri Morris and Edible Software'. 11 concern with Henri when he's in his relationship with hi· 12 female employees, specifically when he's traveling, if I ~tell me approximately when it was that had anything that I might care to add to that or to say 13 14 about it. And I said, "Yes, I do." And so then they Mr first contacted you? 15 early December 2011. arranged a meeting down here to meet with me. I belie fC 16 Q. And how did he contact you? it was in February. 17 Q. All right. So you have this conversation with A. He called me on my cell phone. Q. How did he initiate the conversation? 18 Mr. Gregory December of2011 asking you about conduct A. Can you clarify that question? 19 aliegations against Mr. Mmris, who was your boss at Q. Y cab. I mean, it's the first time you've ever Edible Software. 20 21 A. Uh-huh.

had contact with this. with this gentleman. 22 Q. Correct? A. Uh-huh. 23 A. Yes. Q. Correct? Q. He was the President of the company? A. Yes. 24 Q. He's calling you on your cell phone. Correct? 25 A. Yes.

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6 (Pages 21 to 24) 21 23 1 Q. And did you repmt to him? 1 A. There's probably m.ore. That's all I can tltink 2 about, of right now. 2 A. Yes. 3 Q. So did he tell you what other people were 3 Q. Okay. What are the things that Henri said that 4 alleging? 4 you observed or heard that were inappropriate? 5 A. I can't think of a specific dialogue. 5 A. No. 6 Q. He just, you just told him that you did have 6 Q. Okay. I know that it's been some time since some experience traveling with Mr. Manis. 7 your disaffiliation-- 7 8 A. Yes. Andlthinkinitiallygoingin,Iwas 8 A. Uh-huh. ~

Q. -- since you left Ed~'1oftware, but you've 9 more going to talk about, you know, since this was 9 10 had time to think abo]fb~~as going to haPpen today 10 something that I was keeping to myself, that I was more going to talk about his relationship with his other 11 and what was going ~e place. You knew that we wee 11 12 employees, and maybe some-- 12 asking questions~ a case that at least two people, 13 I didn't know what had hap}lened. So obviously, I 13 from looking ar~tyle of your subpoena-- had good and bad experiences at Edible Software. So I 14 A. Ub-h~ 14

Q. --~ainst Mr. Morris. Correct? knew that they were, depending on the nature of what w 15 15 A. ~ect 16 going on, I would definitely have something to say 16 ~~coking back today, even though you rememb r 17 regarding that. 17 18 Q. So you, you felt thatthe nature of the 18 th~nri said things inappropriate, is it fair to say 19 conversation Mr. Gregory was having with you related to 19 r~)ou're unable to recall anything specific that you ~~all him saying in the workplace that was 20 Henri's relationship with other employees. 21 A. Yes. ~ inappropriate? Q. Did you observe Herui's relationship with other ~2 A. I can recall things that he said that were 22 Jt~q3 inappropriate to me. 23 employees? 24 A. Yes. ri."~ 24 Q. Okay. 25 Q. Which other employees did you observe H~~- 25 A. But I'm not keeping a dialogue of every

~ 22 24 @l interacting with? 1 inappropriate thing that Henri Morris said while I was in that office. It would be too much. A. I mean, I worked there for~~ 2 Q. Okay. Let me give you a b ~estion. Q. So yom·, is it your testimony that Mr. Manis 3

Thank you. Sometimes lawyers~ d questions. was constantly inappropriate in the workplace? 4 A. Uh-huh. 5 A. Yes. Q. Did you observe any·- t untoward or Q. So it never, it never stopped? T11ere wasn't a 6 i treated other employee ? time that he was appropriate?

inappropriate with the w· 7 Not talking about yo ,.-;·~ her employees. 8 A. I feel that in a given day, there may have been 9 times in the day that he was appropriate, and times of

A. Yes. , ~ 10 the day that were inappropriate. But I would say on days Q. Okay. W.~rd you observe? A. Sayi~g~s that were inappropriate in the 11 that I did interact with him and with other employees,

~ffice, dri~excessively. What I deemed as 12 there ·was at least one thing in the day I would say that mappmnEt"f · 13 I felt uncomfortable with, Q. And you worked there for how long?

Q"'~ 14 15 A. Three months. ~~gging. Q. Okay. Anything else? 16 Q. And obviously, if! refer back to your prior 17 testimony, despite the fact that this happened on a daily A. And I thought it was inappropriate when I sa~ 18 basis, you didn't report it to anybody. Concct?

him pour something into Beth Jackson's drink at the 19 A. Who would I report it to? His son in HR? Hancock Center in Chicago.

Q. Okay. What's the Hancock Center? I should 20 Q. Timt would be one. 21 A. Uh-huh. Actually, I think I did report it to know this, but -- 22 Henri and Allen and-- or sorry, Trevor and Allen and ha A. It's like one of the tallest buildings in Chicago. It's on Michigan Avenue. 23 conversations with them about the way that Henri spoke 24 me and how it made me uncomfortable. And not Q. What else did you observe that was inappropriate? 25 necessarily-- when I say "inappropriate," it doesn't

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7 (Pages 25 to 28) 25 27 necessarily have to mean sexual. 1 Q. Well, you just said you could recall, so I want Q. I understand. Inapprop1iate has-- 2 to know what it is you recall. A. Inappropriate is just unprofessional. And you 3 A. SpecificalJy with me, or with others? 4 Q. Let ^[1] s start with you first.

lrnow, I feel that given t11e short time I was there, yes, tl1ere were times that I brought it up to him, I brought 5 A. Can you repeat the question? it up to Trevor, and I brought it up to Allen tlmt there 6 Q. Yes. Can you recall any instance where you observed Henri Morris act in either a sexually offensive were things that made me uncomfortable about tlte way tlt t 7 he spoke to his employees and myself. 8 or sexually mappropriate m~ to you, or manner to

Q. Well, I'm confused, because you just, in ~~

9 you?

response to my question, you asked me a question -- I 10 A. Can I take a b · don't want to assign a definition to the way you were Q. Not when a q s n's pend mg. Yes, you can, 11 asking me, but almost dismissively, "Who would I report 12 but I want the que answered. it to? His son?" 13 A. Yes, th re two times-- well, I would say ^[1] A. Right. 14 every time traveled witl1 Henri, I observed him Q. And then, but then tell me that that's who you 15 being seJ@inappropriate with either Beth Jackso , 16 one of~ents, or myself.

did rep01t it to. ~Yt·ight. You did want a break, and I told A. So I guess there were two times tltat I bad a 17 18 ~cr?$ give it to you after the question, but before we conversation with Allen about Henri and his behavior. 19 . r~~ break, is there anything you need to elaborate on Q. Now, stop for a second. Allen, what do you-- A. Morris, who was the HR representative for ~~t, before I ask you more questions?

Edible Software. ~ A. If you're okay with that answer, I'm okay witl ·ed 2 A. So, but I guess to answer your question, this J ~~ 3 Q. Thanks. That's what I was going to ask you. it.

Q. Okay. I just want to, like I told you, I'll is somebody that was very infrequently in the offinc~r' ~ 2 4 give you a break any time you want it, except when a The times that he did come into the office, itwas.rv' 25 question's pending. So you did answer it. I have a

©? 26 28 1 follow-up, but if you need a break, let's go off the 1 some sort of reprimanding. And I didu_'~llike it wa 2 2 record now. a situation where I could sit down ~~e a conversation with him about that.~~ A. Okay. 3 3 4 THE VIDEOGRAPIIER: Time is 10:38 a.m. We'r 4 And I think that when I did ~ Trevor about it, it was the response of, "Well~ -s just the way he 5 off the record. 5 6 is," and "Just ignore him." 6 (Recess from 10:38 a.m. to 10:50 a.m.)

Q. Okay. Did you~ive a pe"onnel manual THE VIDEOGRAPHER: Time is 10:50 a.m. Weae 7 7 8 recording. 8 or harassment policy~ fthat type of 9 Q. (By Mr. Rosenberg) Ms. Fanner, during the 9 information -- ~ '" 10 10 break, did you have any contact, e-mail, telephone or

A. No. ~~ 11 Q. --from e Software? 11 otherwise, with the FBI, U.S. Attorney's Office? A. J w~g told that it was being revised or 12 A. Yes, with the U.S. Attorney's Office. 12 13 Q. Who did you speak with? 13

th~~ urrcnt. 14 14 A. Sherri Zack. : . . Our testimony is you've never-- Q. What did you and Ms. Zack discuss? 15 15 16 A. My objection to Beth Jacl{son being in the room 16 Q. --received it. Forgetting for a second about 17 inappropriate and nanowing it down-- 17 Q. Okay. And what did she tell you? 18 A. Uh-huh. 18 A. She can't be in the room, because she's a Q. -- to either something that falls into the 19 witness. 19 category of sexually inappropriate or sexually offensive 20 Q. That's what she told you? 20 21 at the workforce, do you recall anything that Mr. --that 21 A. (Nodding head.) Q. Okay. Well, prior to you speaking with 22 Henri Morris did in that definition? 22 23 Ms. Zack, we made a decision intemally, and we asked-- 23 A. Yes. 24 24 we realized it was making you uncomfortable, and we ask d Q. Tell us. 25 A. Can you be more specific? 25 Ms. Jackson to ]eave.

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8 (Pages 29 to 32) 29 31 So w• the camera's only on you, so would you verity 1 because of the emotional state that I was in about what that Ms. Jackson is no longer in the room? 2 had happened witl1 Henri and I at that time. A. Yes, she's no longer in the room. Q. We're going to get to ww I promise you we're 3 Q. Okay. And you feel better about that? 4 going to get to Henri and you in a second. A. Yes. 5 A. I'm fine. I'm just trying to be as clear as I 6 can, and there are, you lmow, a multitude of reasons wh Q. All right. What was it about Ms. Jackson's

presence that concerned you? 7 people do what they do. But at that time I just didn't A. I just feel like -· the first time that the FBI 8 feellil<e opening a can of w~ Q. And you said "atthahQ·" That's while you contacted me-- you lmow, in my time at Edible Software, 9 10 were going through it'~~@v the one thing that really stood out and made me think, "Oh, my gosh, something's gone terribly wrong," was whe 11 A. Right. ~~ Q. All right~lk first, we're-- we've I saw Henri pour something into Beth Jackson's drink at 12 the Hancocl{ Center. 13 come back to tl "Uent at the Hancock--

And that was the first time that I was Jil{e 14 A. Cente~ Q. -- ~- And you, you're telling us that you something more may have gone on here than I'm aware of, 15 16 saw H~if~omething into Beth Jackson's drink. and just the inappropriateness of, the immoralncss of pouring something in a woman's drink without her knowh g. 17 ~~Y. And I think that was my biggest red flag. And when the 18 .~ay the foundatiOn for us. And what I mean by FBI originally called me, that's what I had planned on 19 ~ttV~ I want to figure out what was taking place at the ~~uncock Center For example, why were y'all there? Who going in and talking to them about.

Q. Okay. So you weren't-- I don't want to put ~ was there? And I don't want to do tt m a compound f?d. 2 questwn, since you don't have representation here, but words in your mouth, but let me just make sure we're -- j ~d23 those are the types of things I'm looking for. ^[0] A. Uh-huh. Q. Excuse me, just to make sure we understand eac~ 24 So what was the purpose you were at the Hancock

other, your concem was the way Henri conducted hin{[eif)) ~ 2 5 Center? ~ 30 32 _(cYJ) A. It was having a drink after worldng at the with other people, not necessarily you. 1 1 2 A. I mean, obviously I have con~~ myself, 2 National Sweets and Snacks convention.

and I felt very uncomfortable with.~ had transpire 3 Q. Okay. So there was a convention going on in 3 between Henri and I, in our tr~~~d I had a lot of 4 4 Chicago- 5 guilt and uncomfortablen~ss nd~ying to just forget 5 A. Yes. 6 about it, but I knew I had s esponsibility to other 6 Q. --that you all were there for? A. Yes. 7 7 people who might ha':: ~.~ the same situation. Q. Business related? Q. But that respot(~ was something you 8 8 9 didn ^[1] t become awiir. o'f:crrecognize until the FBI 9 A. Yes. contacted you. ~!; )'6 . 10 Q. And who was there from Edible Software? 10 A. l felt ~u out not being more vocal about 11 A. Henri Morris, Trevor Morris, Beth Jackson au 11 seeing H~ ~ r something in Beth's drink. I felt lik 12 12 myself. ~~id more about that So when the FBI Q. Those were the only four? 13 I should 13 14 A. Yes. 14 called~ saw it as my opportunity to say more abou

it.~~"' 15 15 Q. And it's a trade show that's open to the public ~ut until then, you didn't feel guilty enough 16 16 in the industry, and people display what it is they're 17 selling or providing? 17 to report it, until then. Correct? 18 A. Right. It's open to the public, but you have 18 A. Correct. 19 Q. All right. Let's- 19 to have a ticket. A. Well, no ww 20 20 Q. Okay. 21 21 Q. Well, you just said it was correct. A. And you have to be invited, I believe. 22 A. I changed my mind. Q. And after one day of the trade show, you·· 22 Q. Okay. So tell me why you changed your mind. 23 you, Henri, Trevor and Beth gathered at the Hancock 23 24 A. I felt extremely guilty, but tlmt's not the 24 Center to have a drink. 25 A. Yes. 25 reason that I didn't report it. I didn't report it

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9 (Pages 33 to 36) 33 35 1 Q. What part of-- I just don't know what the 1 was like, "Wc11, I'm only coming because Henri's not 2 Hancock Center is. So what part of tlte Hancock Center 2 there." So she came and met us. 3 were you in? Was there a restaurant in there or-- 3 Q. Were there any business-related people, 4 A. There, at the top of the Hancock Center, there 4 clients, customers, vendors, anything like that? A. No. 5 is a restaurant/bar area that overlooks Chicago, since 5 6 it's a very high building and it's all windows. So I 6 Q. Was there-- what time of day was this? 7 wanted to go up there and see Chicago. And Trevor think you had left the game at about -- 7 8 bad just got back from a baseball game, and so we had 8 A. It was evening, so it*robably close to 10:00 p.m., I would say. r{jj~ 9 seen Henri on the street, I guess. He had been shopping, 9 10 and then called Beth and had her join us as well. 10 Q. Okay. p~"Y A. Maybe early ~ybe --between 9:00 and 11 Q. So you and Trevor went to a baseball game on a 11 12 social basis. Right? 12 Q. Had y'all had dinner? 13 A. We ate game, 13 A. Yeah, like -- 14 Q. It wasn't part of business? 14

} la~Q~.oc;~~~~~~:~~;. to the restaurant of the 15 what happened? 15 A. It wasn't part of business. It was lil<.e 16 16 working, social, you lmow. ordered a drink, and we were just 17 Q. Which baseball game? 17 ....... :o""··-····· the day. And I remember Henri being 18 A. It was the Cubs at Wrigley Field. 18 "i~l!i!Jlntto:<icatcd. I guess he was drinking some sort Q. So after the game, which was a day game, I take 19 in a Pepsi bottle tltat he had been walking 20 it? jf~~~c~tigom A venue shopping and drinking, A. It was like, I don't lmow, 4:00 o'clock, 5:00 How do you !mow that? 21 22 o'clock. A. That he was intoxicated? Q. What time did the game end? Q. How do you know that he was walking around 23 A. We left early because it was cold. Michigan Avenue walking and dtinking Pepsi with liquor 24 Q. Okay. Whattimeoftheyearwasit? 25 it? 25

36 A. May. But it was like 40 degrees, ClWJWo. 1 A. Because he had the Pepsi bottle, and he was Q. Got it. So you get to the resta~:~~~ 2 drunk, and we knew that be had been walking

Hancock Center. I take it you have to~ elevator Q. You didn't see him walking around Michigan V 3 to get up there? 4 Avenue?

5 A. He told us he was on Michigan Avenue. He A. Uh-huh. ~ Q. And you meet up with tl- 1r people y'all are 6 looldng for a belt.

g D ·ct Q. But you didn't see him drinking on Michigan 7 Wll-- If' fJ A. Uh-huh. 8 Avenue? Q. --youmetuR:&'~.Yes? A. I saw him drinldng out of a Pepsi bottle. 9 A. Yes. Tre3o~rcvor and Henri were, we met 10 Q. When you got to the Hancock Center?

up with Henri W~ street, and I guess he had been 11 A. Uh-huh. shopping. ~cd Beth, and she was alrendy in her 12 Q. Yes?

) nd Trevor convinced her to go, with the 13 A. Uh-huh. Yes. 14 u·i's not there." Q. Okay. But you didn't see him while he was

15 walking on Michigan A venue? 16 A. No.

What did Trevor tell Henri? 17 Q. You didn't see when he filled up the Pepsi A. He was like, "No, no"-- what did Trevor ten 18 bottle with anything that wasn't a Pepsi? 19 Henri, or what did Trevor tell Beth? A. No. So maybe-- no, olmy, that's fine. Q. I'm sony. What did Trevor tell Beth? Thank 20 Q. Did y'all order drinks? you. 21 A. Yes. A. He was Jike, "No, it's just me and Andrea. 22 Q. You ordered one as well? Come have a drink with us at the Hancock Center. 23 A. Yes. not here. ^[11] But Henri was there, and they were kind of 24 Q. What did you order? 25

a trick on about it. And she A. I think I ordered a martini.

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10 (Pages 37 to 40) 37 39 Q. Do you remember what the other people ordered? what? 1 1 2 A. Trevor ordered a Jack and Coke, and Beth 2 A. Clear. Q. And you saw Henri pour into, that substance 3 ordered a vodka cranberry, and I don't recall what Henr 3 ordered. into what was Beth's drink. 4

Q. Okay. But at some point, you said you saw 5 A. Right. Q. Did you see Beth drink the drink? Hemi put something in Beth's drink. 6 A. Yes. A. Right. 7 Q. Tell us what you saw. Q. How much.ofit -- fr~t point forward, how 8

!};; A. Well, we were all sitting there, and we had 9 much of it did she drink? A. You know wh~nk --I don't think that been looking around. Like I said, it's a panoramic view 10 she finished it. I dm~ can. of Chicago. And all of a sudden, Henri pointed to the 11 far window, like as if-- we're sitting at a cocktail 12 Q. All right. ~u recall that Henri finished table. I think Henri was here, Beth was-- Henri was to 13 ^[0] ~' it?

A. No.~ my left, Beth was to my right, and Trevor was across fro 14 Q. D&~ecall that anybody finished it? 15 me. 15 16 Q. Okay. 16 A.~ 17 A. And so-- actually, I can't recaJI exactly. 17 ~u your best recollection is that Beth did not 18 Maybe Henri was sitting -- I don't think Henri was 18

#'edrink. 19 sitting next to me. Maybe he was sitting auoss from me. 19 _ I don't believe that she did. 20 Anyways, he pointed in the direction away from us, to ~1!? Q. What do you base that belief on? I'm not 21 where we were all looking away from the table. He was quanehng with it. I JuSt want to-- like, "Look, look, look. Look over there. Look over 22 ~2 A. My memory.

there, Look over there, Quickly, quickly, look, look, j »- 3 23 Q. Okay. 24 ~ 24 A. I'm trying to remember something that happen d look." 25 So aU of us, of course, turned to see what hew()) 25 two years ago.

~ 38 40 1 1 Q. Sure. fussing about. But in doing that, I was ~g --and I 2 guess he was kind of standing over ~ I see him li e 2 A. And feeling uncomfortable with it, and then I 3 having something in his pocket an~ iug like out of 3 think kind of watching. I don't Jmow. Something 4 happened to where-- I don't remember if Henri became 4 small bottle, like from a mini bv e little bottles 5 of liquor that you get at the,~ £'airport plane, into 5 like increasingly intoxicated and acting dramatic, or 6 Beth's drinl<. ~ 6 being sad, and then everybody was kind of ready to lcav And Trevor and Beth oldng for this thing 7 7 I don't remember. But for some rcasoil, we left. And I

that-- we didn't see~' g, so I don'tlmow exactly 8 don't think that she finished her drink. I'm not 100 8 9 what Henri wasp~ gat. I would assume that it wa 9 percent on that, though. 10 nothing. 10 Q. Okay. ^[0] ~ And I star~ almost reprimand Henri and say, 11 11 A. I don't remember me finishing my drink, so-- 12 "What ar~ -oing?" You know, "Why are yon doin 12 Q. Let's focus on what you remembel', what you've 13 that?'~ 13 already testified about. 14 An at point, he was like, "Shh, it's fine. 14 A. Uh-huh. 15 It'~ t's fine. No, it's okay. Don't say 15 Q. Your recollection was that on the street, or 16 any 1 ng." And at that point, in working with Edible 16 before you entered the restaurant --

A. Uh-huh. 17 Software, I just didn't feel like fighting with him. 17 Q. -- you recall a conversation where Trevor told 18 18 And so I watched Beth, and I think that she 19 Beth inconect information as to whether or not Henri 19 acknowledged that her drink tasted stronger, like she 20 wasn't really drinldng it. And then I got up and went t 20 would be there, because your assumption, based on that, 21 the restroom. Then shortly thereafter, we left. 21 was that Bctl1 didn't want to be there if Henri was going to be there. 22 Q. Okay. The substance that you saw Henri put 22 23 into Beth's drink, was it liquid or solid? 23 A. Correct. 24 A. It was liquid, clear. 24 Q. So you at least reconciled in your mind that Q. Clear liquid. The color of the bottle was 25 there was some issue going on between Beth and Henri -- 25

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11 (Pages 41 to 44) 41 43 Q. (By Mr. Rosenberg) Why? A. Yes. 1 Q. --that would warrant her not wanting to be 2 A. Under the understanding or observation of their

there. 3 relationship, it was very tumultuous, and very, like they A. Correct. 4 bicl{ered a lot and argued a lot, and she acted very Q. So if I'm understanding your testimony 5 annoyed with Henri, but still chose to be around him an

correctly, Beth was duped or tricked into going to some 6 spend time witl1 him. place she didn't want to be, to be with somebody who he 7 And though it did appear as though she was being didn't, she didn't want to be with? 8 tricked, it seemed like som~~ that was par for the course in this relationshi ~ it was my decision at

A. She chose to go there, under the understandin 9 that it would just be TreYor and I. 10 that time, not knowin dsight doesn't matter in this situation. At th~ , I assumed it was vodka. I Q. She was tricked. 11 A. If that's what you choose to call it. 12 knew we were all~ng a drink. I knew he was Q. Right? Well, Trevor didn't tell her the truth. 13 encouraging B~~)get a double, and she didn't want a 14 double. ~ A. Okay. And at~ime, I just made the decision I'm not Q. Is that right? 15 16 going~ and argue with a drunl< person that's my A. Yes. Q. Okay. It's reasonable for yoU to assume that 17 boss~e re all having a drink here. She could taste

the reason why Beth went is because she thought Henri 18 . t~~ngness in her drinl<. If she chooses not to drink wasn't going to be there. 19 ~hole thing, then that's her decision.

A. Yes. ~If([;} Q. Did you believe that he was adding anything but Q. Okay. So you already, you know that there's ~ alcohol to the drink?

some reason why Beth doesn't want to be there with He 2 A. No. . ^[0] and you see Henri adding a substance to Beth's drink. Q. Let me make sure I got the question out. think I got it. Did you believe that he was adding A. Right. ~ Q. He tells you not to tell her about it. 25 anything but alcohol to the drink?

44 1 1 A. At that time, no. A. Correct. ~ Q. Okay. Subsequently, have you ever come to a 2 Q. And based on that, with al~t~ng on, you 2 3 conclusion that he was adding anything but -- had added 3 still didn't tell Beth, ^[11] Hey, wait, d nk that." MR. TODD: Fonn. You~ Ill answer. 4 anything but alcohol to the drink? 4 5 A. Yes, 5 THE WITNESS: What 6 MR. TODD: That's · preserving an 6 Q. When? 7 A. The first time that I had a suspicion that it 7 objection on the record 8 could have been something other than alcohol was when" e 8 but you still have to 9 were in Washington, D.C., for the Fancy Food Show. An 9 10 10 we bad all been doing something separate, but then ended 11 up meeting later downstail's in the bar. And Henri and 11 12 12 Beth were sitting at a table, and Henri was sort of osenberg) I can paraphrase it. 13 u able to read back what you're saying 13 slouched over Beth with his arm around her. And Trevor 14 14 met us as well.

~1 ,Jean. 15 So it was the four of us, Beth, myself, Henri and 15 ~ that allowed? 16 Q. Yeah, it is allowed, and I can-- she can- 16 Trevor. And Beth was just so intoxicated, just not 17 you want to read it back? 17 malting sense, all over the place, cleal'ly just 18 A. No, I want you to paraphrase it again. 18 cmnpletely, like just completely wasted. And I had never 19 Q. Sometimes that works best. Is it true that 19 seen her like that. I didn't feel that that was Iter 20 20 demeanor or her personalii'y, based on the way that she despite the fact that you had reason to believe Beth 21 didn't want to be there with Henri, and you saw Henri 21 was acting, eyes closed, slumped on the table, arms 22 adding a liquid substance to Beth's drink, that you chos 22 everywhere. 23 23 So in my mind, I was like, it doesn't seem- based not to tell Beth that this had happened? 24 MR. TODD: Form. 24 on my experience with Beth, it doesn't seem like this is 25 25 a normal thing for her to be acting this way and acting THE WITNESS: Yes.

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*33 LEGAL SUPPORT RIO GRANDE VALLEY -(800) 881-0670 CORPUS CHRISTI - (361) 883-1716 7/11/2013 ANDREA FARMER 12 (Pages 45 to 48) 45 47 1 this wasted. And I think at t11at time my suspicion was 1 Center in Chicago, Henri put an intoxicant in Beth ^[1] s 2 that there may have been something else involved, 2 drink. 3 A. An intoxicant, including alcohol? 3 especially since she was with Henri at that time. 4 Q. That ^[1] s a really bad word. You thought that 4 And then there was another time tl1at she had come 5 into town and was in Houston, and the whole interaction 5 Beth ~w I'm sorry -- you thought that Henri put something was kind of odd, because I know tltat Hemi ^[1] s wife, Ruth, 6 else other than alcohol in Beth ^[1] s drink, additionally to 6 was out of town and somewhere. And Henri came in, and e 7 alcohol. 7 was very late, and his shirt was wrinkled, and he made 8 A. I don't think at that~! could have 8 9 conc_eptualized tltat hap~~"l and-- because I think some excuse that he couldn't get into the dry cleaners. 9

tltat if I had been abl~k he drugged her drink, a 10 And then I remember Beth looking very, very iU, 10 that time I probabl~~d ltave said something. I thin< 11 like grayish green, and just looking terrible. And she 11 that at that~~time I~ -...very suspicious of Henri's 12 was like-- we we1·e working on tlte computer, and her 12 hands were shaking. And that was the same way that site 13 behavior in re ~-to drinking, 13 ^[1] • ~or other people's drinking? 14 looked the day after she had been acting so wasted in 14 Q. His d A. H~nragement of other people drinldng 15 Washington, D.C. 15 16 arollll~. 16 So I'm-- I feel that I'm a perceptive person, and I 17 ~~ou became very suspicious at that point in 17 just kind of, those two things in my mind stuck out to

18 )}® 18 me. And I feel like at that point I started questioning 19 is there maybe something else involved, some other 19 _ -~ Yes,

substance. Certainly at tltat point I didn't think tltat ~ if(jjj Q. When you became vety suspicious of it, who at 20 21 it was -- I thin I' that at that point I didn't have the ~ all did you report the suspicion to? ~~2 A. No one. 22 ability to make assumptions about what it was. -;:::.~ ~d2.3 Q. Okay. Help me timing-wise. Q. I need to ask you a little bit about your 23

;? ~ 24 personal life. rm not going to get that faf into it. A. Okay. 24 Q. Te11me the relationship in time between the--~_))' 7.5 Were you~- did you have a significant other at that 25 48

~ 46 point? I believe it was Fancy Food~- . ~~ 1 A. No. 2 ~: ~~~~~~?

~0

Q. Who was your closest friend in the wodd at 3 A. Ult-ltult. ~ that point? 4 5 A. Christina.

~: ~=~ ~~ 6 Q. The lady who's here? incident in Chicago. How Q. And the Hancock T 7 A. Yes. much time transpired l#[w those two events? 8 Q. Okay. How often would you speak to Christina? A. Between th~ri\i-cy Food Show and HancocJ(? 9 A. Daily. Q. So you didn't talk to Christina about it? Q. Washing!,o~. --well, yeah, I think the 10 Fancy Food w~r. 11 A. I told her about me seeing Henri pour something A. Aftel-~tt. So Chicago was the last week of 12 into Beth's drink at the Hancock Center. May. I r~~er because it was right around May 28tl , 13 Q. Well, that's different than nobody. That's£I~if my, I have a friend that had a son tltat has 14 A. I'm sorry, I misunderstood the question. I bir~Figltt around that time. And then-- so that wa 15 thought you meant did I suspect that he poured somethh g the Cindy Show. And then Fancy Food was mid July, I else aside from alcohol into her drink. 16 believe. It was definitely after the 4th of July. 17 Q. I asked who you told, Did you tell anybody? A. Right. The question, in my understanding, was, Q. Okay. So at least six weeks-- 18 19 did yon tell anybody that you were suspicious? Because A. Yes. Q. --afterwards. So six weeks later, by Beth's 2 0 that's what we're talking about right now.

conduct at the Fancy Food Show in Washington, D.C. -- 21 The question I thought I was answering is, did you 1'11 refer to them as cities -- 22 teJJ anybody that you were suspicious that Henri Morris A. Uh-huh. 23 was pouring something else other than alcohol into Beth Q. --so those shows don't get mixed up. It's at 2 4 Jackson's drink at the time of the Hancock Center. *34 Q. Okay.

2 5 that point you then believe that perhaps at the Hancock 25

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13 (Pages 49 to 52) 51 49 1 A. And the answer to that question is no. I did, 1 A. Uh-huh. 2 Q. How is that sexually inappropriate? 2 however, tell Christina when I got back from the Hancoc 3 Center that Henri had poured a bottle of vodka into Beth 3 A. I guess it's not sexually inappropriate. Q. Okay. It might have been inappropriate to add 4 Jackson's drink. 4 5 Q. And what did Christina tell you to do about it? 5 something to somebody's drink without their knowledge, ;:p 6 A. She asked me ifl said something, and I said, 6 notwithstanding Hemi's explanation, but there's nothing "No.'' She was like, "I would have said something." 7 sexual regarding that. 7 8 And I was like, you know, "He made up"-- I did 8 A. Right. address Henri the next day about it. 9 Q. Okay. You were th~ ·· r about three months, 9 A. Uh-huh. u) Q. Still in Chicago? 10 by your, by your testi199~

10 A. StillinChicago. Andiwaslike,"Youknow, 11 11 12 you really just can't do that. That's-- you can't pour 12 · Q. I think tha~tty much what we have. The 13 something into somebody else's drink without them 13 Aunt Sally's is~~ Orleans entity. Right? 14 knowing." 14 A. Uh-h~h-huh. ] guess I was t11ere about four mo~ all of May, June, July and August. F01 J' 15 And he said, "No, no, it's because Beth's an 15 16 alcoholic, and she likes to drink doubles, But you and 16 monti.Q 17 ~~y. Aunt Sally's is in New Orleans or that Trevor don't drink as much as Beth and I do, so I carry 17 around these bottles." And he pulled like, I don't know, 18 a~on·ect? 18 19 three or four of those little mini liquor bottles out of 19 ~~-: Yes. ~i!fj; Q. And of the four trips you went on, is it-- am 20 his pockets. 21 And he was like, "And I add extra to her drink, but ~ I tight that that's the last one? 22 she asks me to do it and she wants me to do it." <> ~2. A. Yes. Well, I can't •·ecaJJ. I was thinldng ~~ ~ q 3 about this last night, and Trevor and I actllally took a 23 Q. Did you ever ask Beth if that was the case? 24 A. No. ;? ~ 2 4 trip to Miami. But I can't recall when that trip was in Q. So Hemi.'s story is Beth is consenting to this\~ __ ))' relation to the Aunt Sally's trips. They were close 25 25

~50 52 @ conducl? 1 together. Q. Now-- A. Beth is consenting to this condu~nd she's 2 very embarrassed about it, so do~~Jer about it. 3 A. So there was five trips total. MR. ROSENBERG: He h~'>me dmt il was, 4 Q. Obviously, you don't have any civil claims against the company, and I'm not going to ask you about, 5 that we're down -- ..-.... ~ about things dmt happened, with Trevor there and Henri THE WITNESS: Ok!:?'~ 6 not. MR. ROSENBERGi('y~ the last little bit. 7

Let's take a break. ~ ~ 8 A. Correct. THE VIDE~HER: Time is 11:20. We're off 9 Q. But I do need to ask, do you have any 10 complainls about Trevor's conduct at ail? the record. -~-J@:"'"" 11 A. No. (Recess f~~~~ ~.m. to 11:23 a.m.) Tf ·~ GRAPHER: Time is 11:23 a.m. We a 12 Q. Okay. That eliminated a whole bunch of recordi~1g~ questioning. I appreciate that. 13 ' r. Rosenberg) Ms. Farmer, with regard to 14 The Aunt Sally situation, remind me what the w 1.1 bserved with Ms. Jackson, tills whole line of 15 comptroller's name is al Aunt Sally's. ql ing started when I asked you about sexually 16 A. You know, I -- in my statement to the FBI, I inappropriate things you've seen with Beth, or with 17 call her Cheryl the entire time. And I just truly can't people. You said il happened every lime ym1 traveled, 18 remember her name. I think I thought it was Jackie for and ym1 referenced Beth, yourself, and there was one 19 couple of days, and it might be Joan. But again, that other person. Who was the olher person? 20 was so long ago, and it was a brief relationship, and I just feel that from the beginning of our relationship, I

A. It was the comptTollcr for Aunt Sally~s. A 21 client, or a prospect. 22 was calling her by the wrong name. So I can't be clear. Q. For the client. All right. You shared some 23 I can tell you her position. Q. Which is comptroller? information with me about Beth, about d1e substance beinl;] 24 *35 added to her drink. 25 A. Yes. 25

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14 (Pages 53 to 56) 53 55 Q. And Atmt Sally's is a client of Edible 1 trying to separate myselffrom that, but it was a really Software? 2 uncomfortable situation because of the le,•el that they A. They weren't a current client at the time that 3 were both at. I worked there. We were-- they were a prospect, and we 4 And at the moment that we got to the piano bar, were trying to get them to close on Edible Software. 5 Henri said, "Come here. Sit down right here." Q, Ws a praline, praline company? 6 Sat down. He was like, "What do you want to drink? A. Praline. 7 And he was lil,e, "I got to take, I got to get her a cab. Q. Cookies or candy? 8 I got to, she's got to go hom*'s too drunk. She's A. Praline. 9 falling all over the place."to;.rt;;; Q. Iknowwhattheyare. Ican'trememberif Q. ThecomptrolleJ;b~~ 10

they're cookies or candy. 11 A. The comptroU~o I said, "No, I'll go with A. They're candy, 12 y'all. We can all ~back to the hotel. I want to go to sleep anywaf~'-' Q. Okay. What was the incident that you believe 13

was sexually inappropriate between Hemi and whoever this He said, "~0, no, you sit here. I'll come back, 14 I'm jus~· get her a cab. She needs to go home." comptroller at Aunt Sally's is? 15 16 Q

A. Well, there was a point in time that we had ^[1] 'e were you befme that? You were at the gone to New Orleans to meet with them, and they met us u 17 hote~1 concierge level? 18 o~e were at the hotel at the concierge level. in the concierge lounge at t11e top oft11e, it was some sort of Marriott Hotel, to have a drink. 19 ~~ ~~d then you went to dmner?

Henri and the comptroller and Tom, who was theCFO ~J({J A. Then we went to dinner.

V

of Aunt Sally's at that time, they were drinking pretty Q. Mr. B's? -edf2 heavily at the concierge lounge and at dinner. And then A. Okay, ^[0] _ ~ ~ d2 3 we decided to go to Bourbon Stl·eet. Q. I'm not, I'm not suggesting it. I'm asking And Henri and the comptroller were very much !6t(@t 24 you. on each other; Henri posing it as "She's hanging oG~ 25 A. T don't rl'ntember the name of the restaurant. 25 & 54 56 1 Q. How many drinks did you have at the concierg 1 because she's drunk." "Oh, come with us.~, I have 2 three girls with me." That made m~£ l~omfortable at 2 level?

~ 3 thattime. 3 A. One. Did I have? 4 And then as soon as we got to ~e -I believe 4 Q. How many did you have? A. One. 5 it was Pat O'Brien's. It was so~~lr'eling piano bar on 5 Q. How many do you believe Henri had? 6 Bourbon Street that 1-Icn,;·~i w )'J?~ interested in going 6

Q. With who? a to. He left with her, and I tltere. 7 A. Three or four. 7 Q. How about the comptroller? 8 8 A. Three or four as well. 9 9 A. By myself. -~ 10 Q. I'm sony.<>!~"'-- I mis-askcd. Henri left 10 Q. At any point, did you see Henri adding any with who?~~ 11 substance to the comptroller's drink? 11 A. Th toller. 12 12 A. No, other than more wine. Q WI s originally at the dueling piano bar? 13 Q. Other than more wine? 13 14 ;-'the CFO, he didn't go. 14 A. (Nodding head.) Q. But that was open and notorious out of a 15 for Aunt Sally's? 15

A. For Aunt Sally's. He didn't go. He went home. 16 16 bottle. Right? So it was, walking from the restaurant to the bar on 17 A. Yes. 17 18 Bourbon Street, the piano bar on Bourbon Street, it was 18 Q. Okay. The reason why I ask it that way, I 19 probably like three blocks. 19 believe from your testimony at the Hancock Center, th 20 And when-- the comptroller, she was having a hard 20 substance added to Beth's drink was done in a 21 time walldng aud very much like hanging on Henri. And e 21 surreptitious fashion; he didn't want anyone to see it. 22 was reciprocating in what I felt like was an 22 A. Uh-huh. Q: Right? 23 inappropriate way. 23 2 4 And Henri was trying to include me in that kind of 2 4 A. Right. *36 2 5 drunk walking, one girl on each side, And I remember m 2 5 Q. But here at the Marriott concierge. he poured

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15 (Pages 57 to 60) 57 59 it in plain view. 1 A. He didn't have anything. He left as soon as we A. Correct. 2 got there, to take the comptroller home. Q. What did you observe that was sexually Q. Added the wine to the glass in plain view. 3 A. Correct. 4 inappropriate between Henri and the comptroller that Q. And then y'all went to dinner. 5 night? A. Yes, 6 A. I think that tbe touching was sexually Q. How many drinks did you have at dinner? 7 inappropriate. 1 think that the amount of time that th y A. Two. 8 were gone, maybe I would~..l!Jl it sexually inappropriate, I don~t k B;~}> think it's inappropriate Q. How many drinks did Henri have at dinner?

9 A. Well, we split a bottle of the wine. The 10 when-- I thought th inappropriate that they reason I'm saying two is because I know that we split it, 11 were gone for so Ion r hotel was not-- it was a so I think I had about two glasses, and tl1en Henri bad 12 couple of blocks-~' four at the most. I think it was the rest. So about four glasses in a bottle. And then I 13 just two street~~ actually, though.

And I ca~all, but not far enough to be gone don't know if he had another cocktail. At the time it 14 for over ~~r. And I felt, based on their body dido 't seem relevant for me to count his drinks. 15 Q. Okay. 16 languQ"'fu each other, tltat it was possibly a A. And then Cheryl and Tom, the CFO, they had t" 17 situ~~here they maybe just went to the room 18 t~~r, because there was like a flirtation, I guess.

bottles of wine between the two of them. Q. Cheryl is the comptroller? 19 ~~· You just speculated? A. I'm sorry, that's what I call her. ~1fj A. Speculated. Q. I understand that, but I want to make sure ~ Q. No factual basis to know that anything sexually

&f2 went on between the two of them. we're-- A. The comptroJier, yes. That's not her nam:~· ~ ~<:!23 A. No. Q. And you understand, I'm not being disrespec Q. And you say he was walking with her holding her 24 to her. 25 up, but this is a person who you've described as having ~58 60 1 1 at least a bottle of wine, and more than that in wine- A. I understand. -~~6) 2 Q. I'm just refening to her as there,g,__~ller 2 A. Uh-huh. 3 because we don't know what her na~ 3 Q. --and a few drinks as well. Correct?

\U MR. TODD: Form. 4 A. Correct. 4 5 Q. Okay. So the comptroi~)Titl Tom split a 5 Q. (By Mr. Rosenberg) Correct? 6 6 A. Will you repeat tlmt? bottle between them? <:!~ 7 7 A. Two bottles. Q~ Q. Yeah. You said that Henri was holding the 8 comptroller up. 8 Q. Had a bottle e~1?0c A. Correct. .~ 'Y 9 9 A. Yes. Q. And that's after the comptroller had --

10 Q. Okay. /in~~ y'all go to Pat, to the piano 10 bar? Q A. I don't know that I would classify it as-- oh, 11 11 12 12 sorry. Continue your question.

~g dinner you had a meal. Right? 13 13 Q. Well, are you getting to my "holding up" 14 ad appetizers, a meal and dessert. 14 characterization? bstantial -- 15 A. Yes. 15 16 16 Q. Okay. A. It was a heavy meal. 17 Q. --amount of food? 17 A. Because I don't feel like he was holding her 18 A. Uh-huh. 18 up, like she couldn'twalk. She was walking- 19 Q. Right. 19 Q. Then you go to the piano bar? 20 A. Correct. 2 0 A. --fine. She was hanging on him. 21 Q. And bow much did, how much did you drink ther ? 21 Q. She was hanging on him? A. I had one beer. 22 22 A. Uh-huh, and he on her. Q. One-- Q. Okay. 23 23 24 A. Beer. A. He certainly didn't need to have his arm aroun l 24 *37 25 Q. --beer, and what did Henri have? 25 her--

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16 (Pages 61 to 64) 61 63 Q. That's your opinion? Q. What did he do With you-- what did he do when 1 A. -- for her to walk 2 he got there?

MR. TODD: Form. 3 A. He was very disheveled and like sweaty, and his Q. (By Mr. Rosenberg) But he did. 4 hair was amuck, and he told me be had to run all the wa , A. But he did, 5 like that she fell three or four times, and then be put Q. And you believe that was sexually 6 her in a cab, and then she started hitting on him, and so

inappropriate? 7 he put her in a cab and he left. And then he ran all the A. Yes. 8 way back to the piano bar, ~J!)en he ran there. And he was being very 8~1imated and very, like Q. You don't know whether or not that's 9

10 disoriented almost a~~~&feah. consensual? Q. But obviously ~of, none of what happened A. Does it have to be consensual to be sexually 11 12 when you weren't t~·~ ou saw. inappropriate? A. Right. ~ rt that I questioned, and my Q. I'm asking you whether or not you know whether 13 14 memory is ~~zzy on this, and it was something that or not it was consensual. 15 Henri ac~old me when we got back into town, so I A. I don't know. 6 do~n't. ~.-]I·- I'll just tell you what Henri told me. Q. Okay. Is that the only incident that you 1 '~ 7 recall between Henri and Ms. Comptrolier, this 1 comptroller? 18 ecause I'm not really trusting my memory on ^[0] A. Yes. But Henri said, when we got back, that 19 .~~ hat when we got ~ack to the hotel lobby, that she she was there at the hotel. And l just know tltat the A ~s there still. story just didn't make sense, because he told me be put ~ Q. The comptroller? ^[0] l0it2 her in a cab, several times. A. Yes. :~~~623 Q. Did you ever seethe comptroller there? Q. When you got back where? A. To the hotel. So Henri was gone for upw 24 A. I feel like I have a memory oftbat, but it's

an hour. In that time, I was sitting at a bar on ou bo 25 really fuzzy, and I don't know. ~ 62 64 1 1 Q. When was the last recollection you have of Street by myself. And my phone bad ~~ I was 2 seeing to or speaking with-- seeing or speaking with the 2 charging it, because I didn't want to~ ack to tlte

bartender charging it. p 3 comptroller? 3 hotel with a dead phone. And so I ~ ving the 4 A. I spoke to Iter on the phone when we got back to 4 5 5 the office. Well, I was just going to~ eand kind of 6 Q. That night. I'm sony. people watch, but then tiler these men who were 6 7 there, and they were j#o f being men in a bar and 7 A. Right. That night was when she was leaving the kind of wouldn't stop a n to me, and so I decided to 8 piano bar. 8 Q. Okay. When did you get back to the office? 9 9

leave. ~ ·1o A. The next day. 10 And I askedJI . tender-~ it was 10:00 o'clock at that point. It ~rly, and I had never been to Q. What did you speak to her about when you got 11 11 Bourbon ~ nd so I asked the bartender if there w 12 12 back to the office? 13 anywher~ hat was neat to go that I should probably 13 A. Not the next day, Two days later. go tha~ e was a little bit more mellow and not so Q. When you spoke with her from the office, what 14 14 cr~ ty-ish. 15 did you speak about? 15 16 An so he suggested, I went to this like historic 16 A. She apologized for being so drunk, and then she 17 17 bar that had a mechanically rotating floor. And so I told me tl1at she got to her house, She was like, "I went there, and Henri ended up coming there to meet m , 18 don't know how I got there. I don't remember. I just 18 Q. How did Henri know you were there? 19 woke up in my bed, and then I went outside nnd my car w 19 20 A. Well, I turned on my phone, and told him, "I'm 20 there." 21 going horne." And then it died, and then when I turned t 21 But Henri told me that he put Iter in a cab to get 22 22 bac]( on, he was like calling me and calling me and there. And then he told me that he saw her hanging out 23 calling me and calling me. And so I think I finally 23 in the lobby- that we saw her in the lobby, and that 24 texted him and was like, "I'm at this bar." And then he 24 she was still there. *38 25 25 came there. He was like, "Remember, remember, we saw her, She

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17 (Pages 65 to 68) 65 67 was in the lobby." 1 Q. Anything you can recall? And I was like, "I don't know ifl remember that" at 2 A. No. that time. 3 Q. Okay. Did Brannen, Ms. Deville, did she ever Q. Okay. So you have no way-- your recollection 4 complain to you that Henri's conduct with her was isn't going to allow you to tell us whether or not she 5 inappropriate? was at the bar -- at the hotel lobby or not. You don't 6 A. No. We did not have that type of relationship. know one way or the other. 7 Q. Did you ever hear Ms. Deville complain to A. Based on what Henri said, she was there. Based 8 anybody else that Henri's c~ with these massages o 9 back rubs were inapproprj~ on what I remember, I don't feel comfortable saying (f"~'@v either way. A. No. 10

Q. Okay. Q. Did you ever~enri touch any other part of 11 A. Because I don't remember a lot about that, 12 her body that w~s r back? For example, her breasts

so-- 13 or buttocks or < · g -- Q. We're going to get to you. But I want to know 14 A. No.~ Q. --~se? if that's the substance of your information you have 15 A. ~ t think I ever saw that. regarding Henri being sexually inappropriate with anybody 16 17 ~'11 you ever notice any conduct with anybody else when you traveled. 18 e4$.1(@)lhe office, between Henri and anybody else in th

A. Yes. 19 r~that was sexually inappropriate? Q. Before we get to you, did you have any

observation of Henri acting sexually inappropriate with ~il((? A. No. anybody at the office, physically on the office premises? ~ Q. When I say "anybody else, ^[01] I mean vendors or

A. Physica11y at the office, I feel like he and /;) ~2 clients that might have visited or anything of that Brannen Deville were always like hugging and g~I~ving e · ~q 3 nature. other back rubs, and I felt like that was inappropri 2 4 A. No. Q. Did you ever work contemporaneously with Keri

Q. Always hugging? 2 5 ~ 66 68 1 A. Oftentimes. 1 Hill? ~ 2 Q. Okay. Can you put a degree of ij'~cy, how 2 A. No. 3 often during Ore cou"e of a day that t~uld be Q. Did you ever work contemporaneously with Stac A. It wasn't every day. -dt 3 4 together would they be giving cacl~r ack mbs? 4 Stewart? 5 5 A. No. Q. Did you ever work contemporaneously with 6 Q. Okay. How many times eek? 6 A. It was sporadic~ C) 7 7 Michelle Bamett? B Q. Okay. From y~ rvation, was it B A. Yes.

Q. In the roughly four months that you were at 9 reciprocal? ~ 9 ^[0] {Jjjj 10 10 Edible Software, how many of those months were with A. Yes, Q. Okay.!> F~our observation, was it offensive 11 11 Michelle Barnett? 12 toMs.Dev~ 12 A. One. Q. Okay. So you were there with her a very short 13 A.~ es,yes. 13 14 Q. . mt --how would you describe the times 14 time? 15 wl~ as offensive to Ms. Deville?

15 A. Right. 16 Q. You didn't lmow her very well, I take it. A. -They had a very playful relationship, but at 16 17 times I felt like that Brannen didn't think it was funny, 17 A. No. 18 Q. Did you ever talk with her about Mr. Morris, 1B that Henri joked with her about the way that she looked 19 or the way that she acted, and then might try and hug he 19 Henri's conduct? 20 20 to say, ''Oh, you know, I'm just jolting." And then she A. No. Q. Let's now go into conduct that you've 21 would kind of be like, "No, get off me." 21 22 Q. What would he say about the way he, she looked? 22 personally endured with Henri. I want to -- before we d 23 A. Well, I mean, he always commented on what 23 that, I want to get into just some background. It's my *39 24 everybody wore. So it might be the shirt that she was 24 understanding that you worked at Edible from May tmti1 25 wearing or the fact that she, you know-- I don't lmow. 25 Angnst 2001.

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18 (Pages 69 to 72) 71 69 A. Correct~- 1 A. I was having a bad relationship with my Q. Thais not correct. 2011. 2 supervisor at the time. A. Right. 3 Q. Were you terminated? Q. Okay. It'smyunderstandingyourespondedto 4 A. Yes. Q. What did they tell you were the reasons for

Linkedin posting. 5 Q. Tardiness? * A. Correct. 6 your termination? Q. Were you living in Houston at the time, or did 7 A. For being late.

you come to Houston for that job? 8 (',._ [(jj~ A. I was living in Houston at that time. 9 A. ffit-huh. Q. Were you living alone? 10 Q. So you were o 1 ;;t~'W\jtk lookmg for a job when A. No. I had a roommate. 11 you connected with~ Software on Linkedln? Q. Who was the roommate? 12 A. Correct ~

Q. How i~~ you been out of work? A. Amy Horican. Amy Horican. 13 A. Two-~ half months. Q. How do you spell her last name? 14 Q. Isit~ue that after you left Edible A. H-0-R-1-C-A-N. 15 16 Softw~u went back to work for Mattress Finn? Q. Okay. Do you-- are you still in contact with

17 ~~~ Ms. Horican? 18 .~Herein-- A. Yes. Q. How do you know her? 19 ~~~· In Corpus Christi.

A«!fi; Q. --Corpus. A. My, she's a friend. Q. How did you meet? ~ A. It's a franchise, d/b/a Mattress Firm. A. She is a childhood friend of one of my colle¥ -cd-2

Q. Got it. Tell --describe for me your interview j~d23 process with Edible Software. roommates. Q. Where did you go to college? r? ~ 2 4 A. I was-- I got a phone call, and had been __ U' 25 applying a few different places, and it was Henri. And I A. University of Texas. ~ 70 72 Q. When did you begin living with Ms. ~an? 1 believe I was running at the time. So I wasn't really 1 £[) 2 A. In April of2010. .?.1Jx~ 2 like in a place where! could take notes. Q. Do you know what Ms. Horica~n~ra living Q. When you got thccall, you were on a run? 3 3 4 at that time? A. Right. 4 5 A. She worlwd at Memoria mann. She was a NU U 5 Q. Okay.

,...,.,(Q

6 nurse. 6 A. And so I wasn't in a place where l could take 7 Q. Neonatal httensive -o~nit? 7 notes, but Hemi and his consultant, Charles Butler, were r( ~ 8 A. Uh-huh. 8 on speaker phone. So we had a brief phone interview, an ^[1] Q. Do you kno~'iiels 9 still there? 9 Henri said, "You Jmow, I don't really know if this is the 10 A. She livcsyl~-!iton. She worl{s at Children's 10 right position for yon, if you're qualified, but I'd like 11 as a pediatricFrse. 11 for you to come in. Your resume and your cover letter Q. Tex 12 en's Hospital? intrigued me, and I'd like for you to come in and talk 12 13 A. Ub" ~'-.) 13 with us. Can you come ht?"

Q:_ ~as your address in Houston? 14 14 And I said, "Yes.'' I believe that wns Tuesday. And ~')8 was my-- no, that's my current address. 15 15 I said, "Yes, I can come in tomorrow for an interview." Was ~00 Studemont, Apartment 33- I can't recall the 16 16 Q. So you followed that up with an office visit. 17 address. It was -- I believe it was 300 Studemont, 17 A. Uh-huh. Houston, Texas, 77007, but I could be incorrect on the 18 Q. What was discussed thel'e? 18 19 street number. A. He told me a lot about the company and his 19 Q. 20 'l1tat's okay. Why was itthatyoumoved to 2 0 expectations of what he wanted in the role, which was 21 Houston? somebody who would be able to develop the marketing aJ 21 22 A. I moved to Houston in2009 to start working for 2 2 sales department, and to travel to these trade shows and 23 a company called, a retail company caHed Mattress Firm 2 3 be able to talk to people, and that there was a fair 2 4 out of coHegc. 2 4 amount of writing that would be involved, and that was, I *40 Q. Why did you lcaveMattl'ess Finn? 25 25 mean, in a nutshell what it was,

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19 (Pages 73 to 76) 73 75 Q. Okay. How long did it take for you to be 1 Q. Did you, did you graduate from the University offered a position? 2 of Texas? A. I was offered the position that same day. 3 A. I'm one credit away from graduating, so no. 4 Q. Okay. One credit away? Q. Did you accept? A. I officially accepted on tbat Friday, when I 5 A. Ub-huh.

took in my offer letter to sign. 6 Q. Right now? Q. So it was Wednesday when you had the inte1view, 7 A. (Nodding head.) Q. What~- assuming y~ that credit, what do they offered you the position then, and then there was a 8 process in which you obtained an offer letter? 9 you expect your degree to8Qnferred in?

A. ABA in soci?J9~<{Ji'tb a minor in business. A. Yes. I ww and I can't recall if it was tbat 10 Wednesday evening or that Thursday evening that I 11 Q. Okay.. When~Jthe last time you've taken 12 courses towards ~~egree? received the offer letter. And I was kind of waiting ww to me, I didn't officially accept until I signed the 13 A. In 201~t~arted a course and didn't finish offer letter, or they didn't officially offer me the 14 it ~

Q. Tft~s before you gave your statement to the position until I signed the offer letter. 15 FBI.~? Q. You wanted it in writing? 16 ~Yts: A. Right, and I wanted to see the salary and, I 17 18 <>~from the time you began at Edible until the-- mean, that's ,lust how you get a job. 19 ~:(~l'e ask it this way: How much time did, were you, v.fls Q. What was the salaty? A ~hat you were working at Edible until you took your A. It was 48,000 a year, with commission, 3 percent on each net sale of the software. ~ first trip? · Q. How did that compare to what you were maldng ~t e_d2 J ~d23 A. Oh, two weel{S, Q. Okay. How did that come about? How did the the Mattress Finn?

A. It was ntore. And I was making about th~ 2 4 trip come about? in salary, and then I ww but I was going to be m:~)li 25 A. Well, Henri had planned on going to visit a i!!; 74 76 additional commissions at Edible Softwa~o it was couple of clients there, and two ofwhicb were Ww 1 1 2 2 Q. Where? substantially more. rr:,~\f:J Q. What were your duties and re~~ilities when A. In ww there's a client be wanted to visit in 3 3

lU Philadelphia, and then one in New Jersey, one in Newar 4 you first stmted? 4 5 A. To set up all of our soci tlit:dia, to maintain 5 Or I guess that's New Jersey as well. Somewhere in the and learn how to maintain tl bsite, to Jearn how to 6 like country of New Jersey and then down in the ports of 6 7 demo the software, to rna Is to clients, like cold 7 Newark. So the first two were prospects. They weren't calls. I would cold ca~ on clients who had, they 8 Edible Software clients. And then that he wanted to 8 had been talldng t~"fiad reached out to us saying they visit a current and very old client in Ncwarlt, and then a 9 9

10 were interestedJ~oftware. And, and I would write 10 prospect in Connecticut, and then we were supposed to 11 visit another client in New York as well, but that ended 11 different pieceus and marlwting type pieces about Edible Sort:41_~ 12 up canceling, 12 ~~~ave experience doing that type of work? 13 13 Q. Okay. 14 14 A. So he, upon this trip coming up, he said that 15 15 be thought it would be a really good learning experience ~'Om where? A. On the sales side, I sold with Mattress Firm, 16 for me and suggested that I go. 16 17 and I did sales training with them. And when I was in 17 Q. Were you excited to be going? 18 Learning Development at Mattress Firm, I wrote conten, 18 A. Yes, absolutely. Q. Had you ever been to the East Coast before? 19 training sales content there. 19 And from a accounting and inventory standpoint, I, 20 A. I had been to the East Coast, like southeast, 20 21 in college, had worked at the Crowne Plaza Hotel and di 21 .but not Manhattan, New York area. 22 Q. So it was an opportunity for a new, a new 22 their inventory and accounting for food and beverage, 23 expetience or to visit some place you hadn't been? 23 which was the bar, restaurant and room service. *41 2 4 So I guess all of those facets combined. And I did 24 A. Yeah, but I mean, I've been a lot of places, so 25 trade shows for Mattress Firm as well. 25 you know, and I certainly ww it was a work trip, so I did

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20 (Pages 77 to 80) 77 79 1 understand that it was going to be like in the ports of 1 Q. Where did you go? 2 New York as well, so, yes. A. We went- Henri wanted to go to the concierge

Q. Which is where the clients are? 3 lounge, but since it was Sunday, it was closed. That's A. Right. 4 how I remembered it was Sunday. And he-- so we ended p 5 Q. Especially the seafood people. going to t11e bar and ordering food from the bar, because A. Right.

6 that was the only thing that was open at that time. So I Q. How did you -- what was your first stop on the 7 went down on my own, and then Henri ntet me like a coup e trip? 8 of minutes later. ~ Q. When-- how long wr§ there before Berni 9 A. The hotel. What client was my first stop? 10 wasthere? Q. No. What city was first? A. Two minutes. U ~ 11 A. PhiJadelphia. 12 Q. How did you get there?. Q. Did you visi~1 Henri during that time you

0 ~ 13 were there? A. By airplane. A. Yes.~ 14 Q. Did you travel with Henri or by yourself? that? 2 Q. Ord~ome snacks or fbod or something like 15 A. I traveled by myself. 16 Q. Okay. Where did you first meet up with Henri? 17 A. At t11e Philadelphia airport.

~h-mh. Q. He picked you up, I take it. 18 0~ ow long were y'all there? 19 19 ~· Maybe an hour-and-a-half. A. Yes. He, I think, had gotten in a little 20 earlier tlmn I had, so he went and got the rental car an 2D@Q. And what happened next? ~A. l went to sleep. 21 then picked me up outside. 22 Q. Okay. About what time of day was it that you ~~ Q. Okay. With ~<gard to that encounter atthis

_j 23 arrived? 3 non-concierge bar at the Philadelphia Maniott -- !.(_ ~ 24 24 A. Uh-huh. A. It was evening, probably like 8:00. jf 25 25 Q. -- are you, do you have any infonnalion or Q. What day of the week? ~ 78 80 1 1 testimony about anything sexually inappmptiate or A. Sunday. ~ 2 sexually offensive that happened between you and 2 Q. Okay. Afterhepicksyou u~Fri eairport, ~~ 3 Mr. Manis then? 3 where did you all go? A. We went to the hotel. Q) 4 4 A. No. 5 5 Q. What was your conversation like? Q. Were you present~ ck-inproccss? A. I don't think I was r A. It was just polite conversation between two 6 6 an ding over hhtL 7 people who didn't ]mow each other that well. We talked 7 Q. All right. Heche - ou in?

· Q A. Yes. 8 8 about our flight. Hc.was talking to the bartender as 9 Q. You got sit~ -nl your room? 9 weJI. She was a blonde lady, I think there was some

A. Uh-huh~ {[jjj 10 sort of sports game on. So nothing substantial. 10 11 Q. Did :xo~w what room he was in? 11 Q. Okay. Tills is a Sunday night y'a11 are getting 12 12 A.~ in there. 13 13 C PORTER: I'm sorry? A. Uh-buh.

~ 14 Q. How long was the business trip to last? 14 ~ r. Rosenberg) Did you know-- my questio 15 w . ou know what room he was in? And then your A. Okay, let me think. I guess we were to be back 15 16 answer to that question was? 16 that Thursday evening. A. No. 17 17 Q. Okay. Without going Uuuugh evety bit of 18 18 detail about d1e trip and the clients and the customers Q. Do you know if he knew what your room was? 19 19 you've seen, I want you to tell me the first thing that A. I assume he did. He checked us in. 20 happened on that trip. So it's the one that ended, you 20 Q. After you got situated in your room, I imagine 21 you just got to your room, did what you had to do, and 21 believe, the Thursday evening? 22 went somewhere. 22 A. Ult-huh. Well, we ended up getting back tl1at 23 A. Uh-huh. 23 Thursday morning, because the last client canceled, sow , 24 24 Q. Correct? took an earlier flight that Thursday, *42 25 25 Q. I'd like you to tell me anything that happened A. Yes.

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21 (Pages 81 to 84) 81 83 1 during that trip that you believe to be sexually 1 to like pat and like feel on his like pants pocl{ets where 2 offensive or sexually inappropriate between you and 2 his phone is, and I can't find it 3 Mr. MatTis. 3 He's like, "Hey, stop. Wltat are you doing? Stop, 4 A. Can you be more specific? stop, stop that." 4 5 Q. I mean, do you have any recollection of And I'm like, "No, you have to give ww you cannot 5 Mr. Manis engaging in anything during that trip that was 6 have a picture of me like that. Why are you in here? 6 sexually offensive or inappropriate with you? 7 What's happening?" 7 A. Yes. I don't have a recollection of dinner or 8 8 And so then he, he walk~f the room, and I shu the door, and I'm just lik~~~ave no idea what's getting back to the hotel. 9 9

10 going on. And then '~~6tf{s, and he's lil{e, "See, loo 10 Q. On what day? 11 I don't have any pic~lofyou," and he bands me ltis 11 A. On-- this would have been Monday night. Q. Okay. So your second night ofthe trip? 12 BlackBerry. ~ 12

13 Well, I star~~g to look through it, but I can't 13 A. My second night there. Jike even rea1~gure out how to work the phone. Lik 14 Q. And that's a different hotel than where you 14 I think I ~ing to lool{ through tlte pictures, but 15 were the first time? 15 like I~~ t think to figure out how to get to where I A. It's a different hotel. It's a Marriott in 16 16 17 Newark. 17 wan~to go. Q. Downtown Newark, or by Newark airp01t? 18 <>~it was really frustrating, I remember, because 18 19 . r~""';'ve had BlackBerry forever, and I kn~w how to 1i e 19 A. I don't know. 20 Q. YoujustknowitwasinNewark. ~~kin secret folders and-- or not secret folders, 21 A. Right.

~but-- 22 Q. Okay. 2 Q. Hard to access folders? ^[0] 2 3 A. Because the client that we were meeting the 3 A. Hard to access folders, right, and look in tltc 2 4 next day was in Newark. So we went to dinner, aJ!~ 24 files. And so that's what, in my miml, I wanted to do,

~~~~~~-out, and J don't remember anything up un~ki11 g 25 but I just couldn't think about like wltat I was doing or 82 84 up with like a pillow and some covers ovc1· ~ace and 1 how to do it or even like w- you know, I just remember some blankets around my anKles and~~ somebody ta e 2 having tltis phone il1 my hand like "I've got to get this a picture. And when I moved the co~ see, Henri's picture off of here," but I couldn't even think to work 3 4 the BlackBerry. standing over me, and I'm naked\0

And so I was so tired, and I j sfcouldn't even 5 So I just handed it back to him, and I was like, So I think I like 6 "You need to leave." And I shut the door and locked it, 7 and then went back in bed and like laid there for a like, "Wait, I'm not" w "'1 { hat's going on?" second thinking li.ke, ''What in the world just happened? ' 8 And so I was lik~J JJCd up, and I was like, "What 9 And then I fell back asleep for like four hours. arc you doing? ~r'!e!J" --did you just take a picture of 10 Q. Okay. I appreciate your recollection of the ~ 11 me?" transaction, but I want to go back

And he , "What? No, no." 12 A. tlh-hult. · {e, "Why are you in here? What are you 13 Q. The last recollection you have before waking up (C "Get out of here, get out of here." I was 14 dol~1 ?' with the blanket around you, and as you've described for Iii{ " :Q, I have to get the picture." 15 us, without any clothes on --

An 1 was so disoriented and so confused, and the 16 A. Uh-lmh. bed was just like really, like the covers were all 17 Q. --what's the last recollection you had? fluffed up and there were pillows all around. And so I 18 A. I remember being at dinner, and I, it's Jikc was just like looldng around, and I bad the covers pulled 19 really fuzzy. Like I really don't remember a lot, but I around me, and I was like, "You need to give me that 20 remember there was some comedian there, and that Hen i camera. You can'tltave that picture." 21 liked him, and he was like taking pictures of him and 22

He was like, "No, no, no. It's fine. It's fine. I talking to ltim. didn't take a picture. I didn't take a picture." 23 But it feels like, like I remember it and I know I *43 24 So then I dou't see the phone anywhere, and it's 24 was present and I know I was talking, but I don't know kind of dark in the room. And so I'm like kind of trying what 1 was talking about or if I was malting any sense or 25 25

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7/11/2013 22 (Pages 85 to 88) 85 87 1 anything. But I know that there was a comedian there, Q. All right. We know three things. We know that 1 2 and I know that I was sitting at like a table. 2 this is a picture of you and somebody. Right?

(Exhibit 1 marked for identification.) 3 A. (Nodding head.) Q. (By Mr. Rosenberg) Take a look at Exhibit 1 to 4 Q. Correct?

your deposition. 5 A. Uh-huh. A. Uh-huh. 6 Q. Yes? Q. What is that? 7 A. Yes. A. Me and a man. 8 Q. And we know that ~-$L,gicture was taken the 9 night. you ^[1] re talking aboutJ~use this is what you wer Q. Do you know who the ma:ri. is? ? ~if:@ A. No. 1 0 weanng.

A. Yes. U) Q. Isthat--doyourecallthatasbeingthe 11 comedian you're refening to? 12 Q. Okay. W~~were you before that? Whatever 13 place this pict~Y; taken in, where were you before A. I mean, obviously it is who it --like-- Q. l'mjustasking. 14 it? ~"' A. A~- well, we were a lot of places, Do A. Based on what I'm wearing and the fact that I 15 16 you ~e to start from the beginning?

remember being there and taking pictures and the eonte 17 ~~What I want to get at, the clothing, you of this conversation, yes. 18 s~u recall what you were wearing.

Q. I'm asking you-- A. Yeah. 19 ~~· Uh-huh.

A :f(jj} Q. To me it looks like a top. Q. You know, I know who this person is because he's a public figure. But I'm asking you. ~ A. Right. Q. A11 right. But you know which one it was. A. I don't know who this person is. ~ 2 -:0.~~q3 A. Yes. Q. Iunderstandthat. Isthisthemanwhowas Q. Was that what you were wearing all day?

identified to you as a comedian that night? ~ 24 A. Sothatquc>stion'sC'onfusing,becauscl'm U 25 A. No. ~ 86 88 1 telling you J don't remember who the co~an was. 1 Q. So you changed into this article of clothing- Q. And I'm not asking for his nam!£> 0 2 2 A. Yes. A. I don't even remember his ~~ike I vaguely 3 3 Q. --before y'all went out to dinner. remember I Jmow he looked lik~ii'd like a prominen 4 4 A. Yes. nose and kind of reddish ha~·r, ~~here was another 5 5 Q. After the work day, you changed outfits. 6 gentleman with him that wa be Jii(e didn't have a I t 6 A. Yes. 7 of hair, but J don't-- su~ say I have a good 7 Q. Okay. When you changed outfits, you were at U 8 memory. 8 that airpmt --I'm sony-- you were at that hotel in 9 Q. Uh-huh. ~ :::> 9 Newark? 10 A. And I c'W 'lf@Pk of details. 10 A. In Newark, right.

Q. Okay .. !l'iiS 11 Q. And then you went into Manhattan. 11 A. J c~~ think of what I had for dinner or 12 12 A. Yes. 13 13 theRr·estatl§lhat I was at. Q. Did you take the train to Manhattan? 14 e ask this, is this you? Q. 14 A. No. Henri drove the tan rental car. 15 . s. 15 Q. You remember it being a tan rental car. 16 Q. kay. Is this what you were wearing that 16 A. Uh-huh. 17 night? 17 Q. Now, from Newark, there are three ways to get 18 A. Yes. 18 into Manhattan. You could have taken the Lincoln Tunne , 19 Q. All right. I'm not trying to trick you. I'm 19 the Holland Tunnel, or the George Washington Bridge. D 20 just trying to -- 20 you remember? 21 A. No, I'm just trying to figure out what you want 21 A. Took a tunnel. 22 me to -- how you would Jike me to answer the question. 22 Q. But you don't know which one it was? Q. I just want you to answer the questions as it 23 23 A. Do tltcy both go underwater? *44 24 happened, truthfully, to the best of your knowledge. 24 Q. Both tunnels go-- yeah. You go actually m~dcr 25 A. That's what I'm trying to do, 25 the Hudson River.

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23 (Pages 89 to 92) 89 91 1 A. What are the two names of the tunnels? 1 A. It's a to-go coffee cup. Like that you have in 2 Q. Lincoln and Holland. The Lincoln Tunnel gets 2 the hotel, probably about this tall. Twelve ounces 3 you out at 42nd Street. The Holland Tunnel gets you o t 3 maybe, or ten ounces. And I asl{ed for vodka soda._ AI 4 at 14th Street. 4 so he makes it for me. And it was so strong, like so 5 A. I don't know. I'm not familiar. 5 strong I couldn't even drink it. All I could taste was, 6 Q. All right. You remember taking-- do you 6 it tasted like I was drinking a cup of vodka. 7 remember, do you remember going over a bridge? 7 And I was telling Henri, I was like, "I cannot drink 8 A. We went under a, we went in a tunnel. 8 this. This is too strong." I ~e, "Let's mal{e two Q. Okay. -~ 9 9 drinl{S out of it."

He was like, "No,_~It's fine. It's fine. A. And we were on a bridge, yes. 10 10 11 Q. Do you remember going through the tunnel? 11 Here, let me get youYher bottle of soda, and you ca 12 A. Kind of. It starts getting fuzzy when we were 12 just l<ind of add t~ And I was l~~o, I think we should just make driving there. 13 13 this two drh~ "'-'> 14 Q. Okay. Prior to driving there, did you have 14

He's lit~o, no, no, just here." 15 anything to drink? 15 A. Yes. AnCollasked the lady-- there wasn't any soda 16 16 17 righ~i{ I don't think And so I asked the lady that Q. What? 17 18 A. I met Henri in the concierge lounge. I asked 18 li~ps tlte attendant at the concierge lounge, and sh for a glass of wine. Henri was always very Jil{e 19 19 ~ght me a bottle, like a little glass bottle of soda, persistent that I ltave a real cocktail, and I like to ~~d I was pouring into it. 20 21 drink wine. And I don't really do very well with rea ~ So tlten we're driving, and I'm drinldng tltis drink

fb:it2 and ldnd of like pouring into it at the same time. And 22 liquor. And-- ^[0] 23 Q. When you say "realliquor, ^[11] you mean vodka:J{ ~q3 just remember like-- it was kind of a long drive, and it !? ~ 2 4 was stillligltt outside, so I guess it was still right 24 gin, bourbon? 25 A. Yeah, hard liquor. ---~-J)' 25 around rush hour.

rt!f 90 92 @> 1 And I remember going under the tunnels and throu t Q. Okay. 2 the bridges, and we were stucl{ in traffic, and the toJJs, A. And so I remember the n i ! ' gh · ~' I was

having a glass of wine with dinner Philadelphia 3 and just feeling really fuzzy, and like, "Oh, my gosh, restaurant, tlte bar at the hotel.t(:flC; as like, "Oh, 4 I'm getting really tipsy off of this drink, and maybe I you're not going to have a r i a c~tail." 5 haven't eaten a Jot today," and just kind of do like a

And I was like, "I just r~ "){e to drink wine." 6 mental check on myself. And so tlten again, I 1\~ or a glass of wine. I 7 And I tltink that that H- I always try and do that

assume it was a red ~e~nd so he poured me tl1e gla s 8 when I'm drinking and I'm starting to feel light-headed of wine, and then~~ talking and eating some just ldnd of, okay, recognize how I feel, slow it down, 9 10 and Jmow tltat I need to kind of be aware of myself. appetizers. ^[0] ~

And he w~s~ 'Well, let's, you know, we can go 11 But by the time we got into the city and parked by, either to A,~ City or we can go into Manhattan. 12 I guess we parked by Times Square, I was feeling very, 13 like really tipsy and disoriented J guess. What do ~~nt to do?"

Ag_~~s like, "Well, I want to go to Manhattan 14 Q. So you have recollection of getting 1hrough the th~ke I have no interest in going to Atlantic 15 tunnel, parking at least to recognize it was Times City. 16 Square, or something you thought was Times Square.

And he's like, "Okay." And lte was like, "Well, 17 A. Yes. let's get another drink before we .go. But have a real 18 Q. Okay. drink, and I'll flx it for you." 19 A. And then Henri showed me this, it was like a

And, and so he fixed me this drinl~ and it was in 20 subway or a train station where there were these men 21 like a cup just like that. carrying tltis beam. And then it's lil{e it was like an Q. It's the court reporter ^[1] s cup, but it looks 22 optical illusion painting, where if you look from like like a HH 23 two different sides, tltat it's the same, like they're A. It's a coffee cup. 24 each carrying the same bench or log or whatever it was. *45 25 Q. -- toHgo cup, coffee cup. 25 I can't remember.

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RIO GRANDE VALLEY -(800) 881-0670 CORPUS CHRISTI - (361) 883-1716 ANDREA FARMER 7/11/2013 24 (Pages 93 to 96) 93 95 1 And so be's showing this to me, and he's being ldnd 1 this is where it just starts losing it. Q. Okay. 2 oflil{e really hands on with me, and I remember it makit 2 3 A. Like I can't remember anything. I remember tl c 3 me feel uncomfortable.

And I remember when we were leaving the concierge 4 comedian being there. I remember us taking pictures. lounge, we were in the elevator, and I was kind of like 5 But I don't remember leaving. I don't remember eatin 8 couldn't tell me? * standing like kind of tense. And he was like, "Oh, you 6 I don't remember getting into the car. have like your-- you look tense right here." And he 7 Q. So ifl ask you what you had for dinner, you like ldnd of pressed on my shoulder.

A. No, I couldn't~ell And I was like, "Oh, yeah, I guess I am, from 9 sleeping in a hotel bed." 10 (Exhibit 2 marl<ed; ntification.) And he was like, "Oh, weU, I studied anatomy, and I 11 Q. (By Mr. Roser e · ) Can you identify Exhibit 2? was like- started to get my degree in massage therapy 12 A. This is HeJiltMoriis. Q. Okay.:v,-R_~'-' when I was in Israel, before I was in the Army and I 13 fought in the war." 14 A. And ~'t know who this man is. Q. B~e same person as in Exhibit 1?

So I was like, "Okay." And I was like, that's 15 . A. ~lie same person as the picture that I'm weird, but I don't really want him to rub my back. So 16 I'm just like, "Oh, I'm fine," like "I'm not tense," you 17 m. ~ o ~i'Vety simple, do you recall Henri wearing a know. 18

19 _--~at looked kind oflike that in this terrible And so that was like the first time that he was like kind of touching me. And I was like, ooh, this mal{es me A ~roduction that night? uncomfortable. ~ A. No. I mean --

Q. That was in the hotel before you left? ~~2 Q. Okay. A. That was in, that was in the elevator. An~td7 ~q3 A. It's a man's shirt, so--

then when we were at the subway station, be kind 24 Q. I understand. So you, your testimony is you had his bands on my shoulders and was like poin tg n 25 don't remember anything from that point forward that you

~ 94 96 1 just described ~~ like "Look up, look up." And that made ~feel 1 2 ~{JJ 2 A. Uh-huh. uncomfortablctoo. 3 Q. Now, the thing you're referr' the 3 Q. -~ until you get back to d1e hotel? 4 subway station where the murals ~ 4 A. Right. 5 5 Q. So you don't remember driving back to the~- A. Where the murals;j: he train station. 6 And then -- do we need to ta reak? 6 A. No. 7 Q. I'm sorry? Not yet. A. Olmy. So i "Stopped and wanted to get a e going to get it in Q. --to New Jersey or anything of that nature? 7 8 8 A. No. about two or three mi~ 9 9 Q. You don't remember what you ate?

10 drink at some liJ: ~ , like some side-bar, like a side 10 A. No. 11 street. And]~ time was like, "I can't drink 11 Q. Don't remember what you might have drank at

anything~ already feeling like I can't walk." 12 12 dinner that night? 13 And so ot a drink, and he wanted to walk with it 13 A. No. 14 14 Q. Or anything like that? on th e f t I was like Henri, "I don't thin!< that

yo~ owed to do that." 15 15 A. (Shaking head,) 16 An he was like, "Oh, no, it's fine. It's fine." 16 Q. All right. This is probably a good time to 17 But then I think the bartender or the bouncer at the 17 take a break 18 door ended up telling him, "No, you can't," so he kind o 18 A. Okay. 19 like guzzled it down. 19 THE VIDEOGRAPHER: Time is 12:21 p.m. We'r 20 And tlten we continued to wall<, and then I rcmembe 20 off the record. 21 him giving me the option between two restaurants. And 21 (Recess from 12:21 p.m. to 12:54 p.m.) 22 guess I picked one. I don't remember that. Or I don't 22 THE VIDEOGRAPHER: The time is 12:54. We a *46 23 remember which one it was, but there was like a -- I, it 23 recording. 24 doesn't matter. I couldn't describe it. 24 Q. (By Mr. Rosenberg) Okay. Ms. Farmer, we've ha 25 But-- and that's where I remember sitting-- and 25 a break. And before the break, we stopped the

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25 (Pages 97 to 100) 97 99 1 A. Correct. 1 questioning at, I believe you told me everything you Q. But after Henri left, you remember sleeping for 2 remembered about the dinner in Manhattan-- 2 3 about four more hours? 3 A. Uh-hub. 4 Q. --the night you believe you met someone who 4 A. Yeah. Because I feel like-- I think I looked 5 was purported to be a comedian who you can't identify. 5 at the clock and it was around 4:00a.m. I believe the 6 question I answered was, ^[11] Do you lmow llOW long Henri w 6 A. Right. Q. And you don't remember anything about the trip 7 in your room? ^[11] No, I don't know how long he was in my 7 8 back to Newark. 8 room. When I wol{e up, I be~"!::Y was around 4:00a.m.

9 And then I remember l~im k ~ng on the door and wakiu 9 A. No. Q. But you do remember-- you shared with us what 10 me up at around 8:00. hy I came up with four 10 11 more hours. U 11 you did remember when you did return, when you were t Q. Did youhav~reason to believe at that the hotel, and that is Henri in your room with you had n 12 12

13 point that you h~ physically violated? clothes on. 13 A. Yes. ~~- 14 14 A. Uh-huh. Q. O~whatfashion? 15 Q. And you believed he was taking pictures. 15 A. ~ really like red ^[1] and I had some bruises 16 Correct? 16 17 on ~~tl1e top of my arm and on my like hip area. A. I heard like the sound of a Blaci(Berry camera 17 o ~ ou didn't take any pictures to prese1ve that? 18 Q. Like a clicking type of a sound? 18 19 A. Like a clicking, lil(e the picture sound that a 19_~~· No.

2 0 t!fjj Q. Okay. Do you believe you had been sexually BlackBerry mal(es when it's taking a picture. 20 ~violated? 21 Q. Do you recall with any degree of specificity 22 how much time Hemi was in your room? <> ~22 A. Yes. Q. In what fashion? 23 A. No. 23 A. I was having pictures taken of me with my 24 Q. Youjustlmow he was there? 24 clothes off. 25 A. I mean, I saw him there. 25

98 100 Q. So that's how you know he was the~ecause Q. Okay. Anything else that would lead you to 1 believe you were sexually violated? .... ~~\fj 2 you saw him? ~ 3 A. J felt like I had been like touched, but not A. Right. Q. You said you had no clotl~. 4 lil(e --like it didn't feel like anybody had sex with m A. Correct. 5 Q. All right.

ere situated in a 6 A. But I was kind of Jike sore in my female fashion you were able to 7 regions. A. They were, lil{"pi ss they were, there was Q. You believed you were sore in your female 8 like a lump on-- y't;e1:herc was a couple of pillows a regions? 9 the end of the Jtc~ ^[1] then most of the pillows were 10 A. Yeah, but not --lil(e on the outside.

11 Q. Okay. Where was the bruising? I'm sorry. A. I had bruising on my hips, and then at the to Q. At 12 testimonytR t Henri took pictures-- did you take any 13 of my left arm, like on the back side of it. picture~or example, to preserve what the room 14 Q. And without belaboring this, so I can move on, lo~)(e, or where you were, or anything that would none of this was documented by terms of photographs r 15 help anYbody looking back to reconstruct the scene? 16 other ways to preserve the fact that you had been,

A. No. 17 experienced some trauma. Q. You owned a cell phone at that time. Correct? 18 A. Well, other than the picture that Henri took. A. Right. 19 Q. I'm talking about the bruising. Did the Q. Was it a phone that had a camera feature in it? pictures depict bruising? 20 A. Yes. 21 A. Yes. Q. You told me you don't remember what time this Q. Okay. At that point, when did you-- at that 22

was. 23 point, you never-- you never reported it to anybody at *47 A. Uh-huh. that point. Correct? 24 24 25 Q. Right? 25 A. No.

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26 (Pages 101 to 104) 101 103 Q. How did you~- tell me how you obtained the 1 Q. --if you're ready. pictures. 2 A. Uh-hub. A. The FBI showed them to me after they had take 3 Q. You realize you weren't ready. them from Henri. 4 A. Ult-huh .. Q. All right. Up unti11he point of the FBI 5 Q. Didn't say anything to him other than you were showing them to you, you had never seen them? 6 going to get ready and then you got-- as you desctibed, A. No. 7 got dressed? Q. And you were able to identify them? 8 A. I said, "I'll be down ~_l1minutes." Q. okay. Atanypa·intth~orning,dictyouask A. Yes. 9 10 him about the previous ~ v Q. Did the FBI tell you how they obtained them? out it. I said, "I don't A. They had a search warrant for the technology o 11 A. I didn't ask hi

Henri's computer and in his office, and they found the 12 know what happeJ~ That was so inappropriate. This i 13 not like who I ~(f,]~at's completely unprofessional. I on a locked flash drive.

Q. To your knowledge, are those the only pictures 14 don't know ~lappened between us, but I know that i 15 was w~o1 @!j

he had, that he took of you?

A. No, 16 An s putting on my makeup in the car, and I Q. Okay. What other pictures were taken of you? 17 felt~ ^[1] twas inappropriate, to be out drinldng the A. There were pictures taken of me in New Orlean • 18 ~:(~fore, and then wake up and your boss is in your Q. Okay. New Orleans was a couple of trips later. 19 ~~'and then I slept late, and then I was in the car

Correct? R~~1ving to a client and putting my makeup on in front of A. Yes. ~ him. 'f:d2 Q. Because it was the last trip out of a sequence Like I just felt like the whole situation was =~ ~q 3 of four that you were-- incredibly inappropriate and incredibly unprofessional o 1 t? ~ 2 4 botl1 of our parts. And I didn't know what bad happene , A Five. Q: --with Henri alone. U' 25 but I knew that at some point I lost control, and I felt

~102 104 1 A. With Henri-- no, I was only with~~ twice 1 like-- what happened? Like I just, I didn't know. I J/;,"'Q 2 2 knew it was a mistake, and I knew it was wrong, but I alone. Q. Okay. The New York trip. ~ 3 didn't understand bow I got from Point A to Point B; 3 A. New Yorl{ trip. U 4 Q. So you don't, you're not in a position to tell 4 5 5 us whether or not what happened between you and Henri

Q. And the New Orlea~s tri 6 A. And the New Orleans- 6 that night was consensual. You can't tell us, because Q. The next moming, ake up and Henri calls 7 you don't remember. Is that fair? 7 8 8 MR. TODD: Fonn. you? ~~ A. He knocks ~;i;y1Joor. 9 9 TI-lE WITNESS: No. 10 10 Q. (By Mr. Rosenberg) Why not? Q. What did.r;Y~cuss when he knocked on your >:» door? 11 11 A. If you -- I did not consent to those pictures 12 A. He e, "Where are you? Are you ready? 12 being taken. 13 We have at this client." And I guess he had been 13 Q. How do you know? You don't remember them bein 14 I me, but I was asleep. And so he lmocked 14 taken.

tryi~<t~ 15 15 A. I feel like I don't have to answer this on~ r, and I kind of cracked the door open. Hew 16 li1{e, ¥'ou're not ready." 16 question. Q. I feel like you do. 17 And I was like, "Oh, my gosh, no, I'm not ready." 17 18 So I just like hopped out of bed and was still-- because 18 A. The photos were taken without my knowledge. 19 19 Whether I was drugged by Henri, I'm not sure. But I ca I had slept for, you know, a good amount of time betwee 20 that, still Jdnd of like getting my whereabouts together. 20 tell you in my life, I've never taken pictures like .that. 21 And I just quickly threw on my clotl1es and like ran 21 I can tell you I would never consent to taking pictures 22 downstairs and hopped in the car with him. 22 lil<e that. I would never consent to having a sexual 23 Q. Okay. So he, you cracked open the door. He's 2 3 rehttionship with my boss, being in a sound state of *48 24 asking-- 24 mind. Q. Did you have a sexual relationship wilh your 25 25 A. "Arc you ready?"

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27 (Pages 105 to 108) 105 107 1 boss that night? 1 A. No, because at that time, I still didn't really A. I don't know. 2 remember waldng up, because I had been back asleep, an Q. Okay. So you don't know if you consented to 3 because of like tl1e hustle and bustle of me waking up and one or not, because you don't know whether or not you h 4 just, you lmow, going to get ready with this client and one. 5 trying to get ready and feeling so sick and nauseous and

A. Nowi-- 6 just ve1·y disoriented. I didn't, wasn't thinking about MR TODD: Leading. 7 the picture or waking up. THE WITNESS: ··do. 8 Q. Is it fair to say that yo~ recall the

Q. (By Mr. Rosenberg) How do you know? pictures or remember the pic~""1.mtii the FBI showed 9 p~f@" A. Based on the pictures. Don'tyou think a 10 themtoyou?

V

sexual relationship is up to and containing somebody 11 A. No. 12 taking very explicit naked pictures of you? And don't Q. When was tl ·st time you remembered them? you think it is not consensual ifl was un --completely 13 A. I think mbered it when we were in the unaware of those pictures being taken at the time? 14 Connecticut once I bad kind of calmed down and w s 15 thinking~ it. But then I remembered-- I didn't

Q. I understand and respect your testimony that you don't recall it. My question to you, and what rm 16 questi~ on it, because I remembered looking througl 17 his ~'Wnd not seeing it. So I thought maybe it

examining you about is to detennine how you know, sine you don't remember, what you consented to and what you 18 ~i@tappen, maybe I imagined it, or maybe it was didn't consent to. 19 ~bing else that I beard.

2 0 rfJj}j Q. During a, during a visit wiU1 this client, was A. There's no way of knowing. Q. The next day, you're-- do you remember how far ~ it business as usual?

the drive was from the hotel in Newark to-- was it a ~2 A. Uh-buh. ^[0] client on the docks? ....... ~ ~.d23 Q. Yes? A. Uh-huh. Q. So we're talking moybe 15 minutes, ifl'm U ~ 24 A. Yes. 25 Q. 1 hate to keep doing that to you. ~106

108

1 ~ 1 recalling correctly? A. That's okay. 2

A. Maybe a little bit, maybe lik~ mtcs. 2 Q. That night, did you go to dinner? 3 3 Q. Okay. You had-- you had c~ tions with A. Yes. 4 Henri about what happened the ni~ ore. 4 Q. Where did you go to dinner? 5

A. I, I talked about it,~ nig that it was . 5 A. This like Italian place somewhere in 6 wrong and inappropriate. ~ c -- and that I needed t 6 Connecticut. Q. You said that? a . Q 7 7 find a different job. A. Uh-huh. w Q. Oh, so you drove from the docks -- 8 8 A. To Connecticut. 9 9 Q. --into Connecticut? 10 Q. And whaJ ~~ say? 10 A. Uh-huh. He wal hat's inappropriate? It's not A. He said~, no, no." He was )il{e, "Don't 11 11 Q. Do you remember where in Connecticut? 12 worry abo~ndrea. It's not a big deal. No, no."

12 A. No, wherever the Davidson is. 13 13 Q. I'm sony? 14 14 in~ ate. There's nothing inappropriate. It's A. Wherever Davidson Foods-- _it's a com pan 15 fi me," 15 It's a big -- 16 Q. Anything else between the time you got to-- 16 Q. The client is named Davidson? 17 was this a client or a prospect? 17 A. Right. 18 A. Client. 18 Q. And the city where they're in is the city you Q. Anything else between the time you got to tl1e 19 19 were in? 20

client? 20 A. Yes. 21 A. Huh-uh. 21 Q. Okay. You had dinner at an Italian 22 Q. At any p'o1nt did you just, did you come out and 22

restaurant -- *49 23 say to him, witl1 specifics, "You took pictures of me 23 A. Uh-huh. 24 without my clothes on," or anything pinpointing the exact 24 Q. --in that area? 25 conduct that you're describing? 25 A. Uh-huh.

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28 (Pages 109 to 112) 109 111 Q. Anything unusual happen that night? 1 anything about the Davidson trip? A. No. 2 A. No. Q. Anything sexually offensive or inappropriate? 3 Q. Okay. Where did you stay that night? A. No. 4 A. That night~- well, we did have a conversation Q. Was there drinking?

5 about what had happened on the way back. A. I think maybe we each had a glass of wine. 6 Q. On the way back from Davidson to the hotel? Q. Okay. Was there anything said about the prior

7 A. From Davidson to LaGuardia Hotel. night? 8 Q. Oh, then you went ba~aGuardia Hotel? 10 And then we ended ala ;j/rdia. A. We were never~ rdia. We were at Newar A. Not at that time. It was very like, much lil(e, 9 not a lot of talking. Q. WeJI, you had a full dinner-- 11 Q. You stayed on~ t? A. Uh-huh. 12 A. InNewark.~ Q. --with some wine? Q. Anotl1er~n Cmmecticut?

13 A. Uh-huh. 14 A. Yes.~ Q. And that's it? Q. A~@ another night at LaGuardia? 15 A. And that's it. 16 A.~ Q. Was this also a Marriott Hotel? 17 ~o ou're driving from Davidson to LaGuardia? A. Yes. 18 h-buh. ^[0] Q. With a concierge level? 19 And at that point, you had a conversation about A. I don't think this one had a concierge. ~ ~ mt happened the night in Newark? Q. Okay.

A. Uh-buh. A. I can't remember. I don't think we went to i ~2 Q. Yes? Q. Okay. Did you have drinks before dinner? r::--..~

3 A. Yes. A. No. And you went to bed and you~ 2 4 Q. What did y'all discuss? Q. All right. 25 A. Well, Henri brought it up, and be said, you

~·110

112

1 no, no --no evidence of anything inappropt~appening 1 ]mow, "I want to tall< to you about what happened between 2 2 us the other night. I don't want you to feel that night, no evidence of-- >:> ~ ~ 3 uncomfortable about thi.s, We didn't do anything wrong." 3 A. No. 4 4 Q. -- Henri coming to your ro~ nything like He was like, "This is"-- he was like, "I don't know 5 that? 5 where the attraction came from, but there's dcf'mitely an 6 A. Huh-uh, ~ 6 attraction tlJere. And I don't want you to feel-- I want Q. Correct? 7 7 you to feel comfortable in this position, like you can be

A. Correct. ~Q 8 8 here for a long time, and I don't want you to go and get Q. All right~ ppened tl1e next day? 9 another job." 9

11 board roo f . : ike this, at Davidson, and had a l l inappropriate, because you're my boss, and I'm not that A. The next d tl e were in the room, we were in a 10 10 And 1 said, ^[11] Well, Henri, it is wrong, and it is 12 meeting. 12 as -- I think that the CFO, his last type of girl that sleeps with her boss." And at tltis 13 name was-:: 1dson as wen, but he didn't, he didn't hav 13 point, I didn't know what happened, but you lmow, just 14 any re~to Davidson. He was just the CFO at that

14 throwing that out there. And I said, "And you're 15 ti~I was just coincidence. 15 married." And I was like, "So tliat's wrong." 16 16 An he met us for breakfast, and then we went and And I think at that time I remember talldng to him 17 drove together, because I guess it's in this little town, 17 about this guy that I had seen, lil<e gone to dinner a 18 it's ldnd of hard to get your way around, so he drove us 18 couple of times. And on the way-- because, you know, we 19 to the Davidson site. And then we had a meeting with 19 were in the car together for a long time. And I had been 20 20 asldng him about his commtmication style with his wife, them until fairly late. Like it was only supposed to be 21 I think unti11ike maybe 4:00, and then we ended up bei ' 21 Ruth, and illce how they communicate and having words an 22 there until like 6:00. 22 you lrnow, just maldng conversation. *50 23 Q. In the evening? 23 So at that time he was like, "Well, you have a 24 A. In the evening, uh-huh. 24 boyfriend." And I was like, "That's not an aJlples"to- 25 Q. Anything inappropriate, sexually offensive or 25 apples comparison. First of all, he's not my boyfriend.

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29 (Pages 113 to 116) 113 115 Q. Later, like when? 1 Second of all, you have a wife." And I was like, ''And it 1 2 is" -and I was like, "I don't know how often you do 2 A. It was lil{e in August or-- yeah, it was in 3 this, but this is not the sort of thing that I do." 3 August that I started interviewing with ADP. 4 And he was like, "I've never, ever, ever done 4 Q. That was at the time your employment with 5 anything like this before, ever." Like stressing. He 5 Edible was ending. 6 was like, "This is the first one and, you know, I real1y 6 A. I was still worldng there. 7 like you." 7 Q. Close to the end, right? 8 And I'm like, "No, this can never happen again, and 8 A. Close to the end. I ~tecl{ed out at tltat 9 we can never talk about this again." 9 point with tbem. ~~ Q. When you say 10 And he's like, "Well, you know, my marriage has bee 10 ked out-~ 11 over for a really long time, and we don't tall(, and we 11 A. Lilw I didn't to go there. I didn't want 12 have problems.'' 12 to be there. I did ant to see Henri. I didn't want 13 And I was like, you know, "It really just doesn't 13 ithem at all, 14 matter to me, any of that. It's wrong, and I don't want 14 Q. And id you check out? A. A~~e New Orleans trip. 15 it to happen again, and I don't want to tall{ about it 15 Q. ~ was ~~ remind me when it was. 1 ^[1] m sony. 16 ever again." 16

A_~~as the beginning of August. 17 And he's like, "Well" ~~I was just lil,;:e, "I just 17 18 .~When you went from Davidson to LaGuardia, and 18 want to l,;:eep our relationship strictly professional." And he was Jike, "Well, but I'm lonely, and I'm an 19 19 ~:talking about the Maniott ~~

JAc.if!f;A. Right 20 affectionate person. And if I want to give you a hug, 21 then I still want to be able to give you a hug. ^[11] ~ Q. ~~in LaGuardia, what time of day did you 22 I was like, "You know, I really just don't feel 2 arrive there? comfortable with that. I really just want to }{eep our 3 A. It was late evening. I think it was like 23 24 24 probably around like 9:00, because the concierge loon c relationship professional."

"~ 25 And so he said, "Okay, but I sti11, I'm still goi 25 was still open, and there was a basketball game playin 116 Q. On the television? to give you a hug. ^[11] 1 ~ A. On the television. And there were a few people And I was like, "Probably not." ~«:JJ 2 And so that was kind of that, lik~st --I

3 up there watching the basketball game. And we had to expressed to him that I thought~ as wrong and 4 cbaoge our flights, because the other customer that we were supposed to meet that Thursday canceled on us. S inappropriate and that U co~ <r happen agah•. An 5 he told me that be and his wi re having problems, an 6 we were going to try and take an earlier flight out. that !hey didn't really ha~~ arriage anymore, and tim

7 And so I want to say Henri was there before ~- at he had never done an~ g ike this before, and that - 8 some point we took the rental car back, and we took the 9 ldnd of almost exp~ j:(to me like-- well, I don't shuttle back from the rental car. And then we were up i know. I don't '1)a ~ ssumc anything. But it, I got 10 the concierge lounge, and Henri couldn't get the comput the impression iln't feel that it was as wrong as I 11 to work. as not the married one in that 12 felt it was, And so he was like, "Oh, yon know, help me. I can't

13 figure this out. It's not working." So I'm like ldnd of sitnati~ So t · ltd of made me feel like -~ it really did 14 getting where he needs to go. ch~ opinion of him, if the night before had no4 or Q. Computer in the concierge? 15 two m tts before had not already, that I like started 16 A. In the concierge. And there's like these seeing through his facade o~like stuff. 17 pillars and these big round tables. And I'm ldnd of like

Q. At any point after that, did you start putting 18 watching the game and figuring this out, And Henri's feelers out looking for another job? 19 like, ^[11] 0h, do you want a glass of wine?" And like~ .. or 20 he's like, "Do you want something to drinl{?" A. Yes. Q. In what, in what manner? 21 I was like, "Sure, I'll have a Chardonnay." A. Well, I mean, I would look online, and I was 22 So he goes and gets me a Chardonnay, and I take a

*51 23 talldng to a friend at Mattress Firm, and also I was 23 sip of it, and it just tastes disgusting, like so strong, 24 interviewing with ADP. It's another like sales company. 24 like alcohol, or medicine, or just very, very like 25 But that was like later. 25 bitter, like alkaline bitter. And~~

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30 (Pages 117 to 120) 117 119 Q. Alkaline bitter? 1 1 Q. All right. So you're, you're, so you're-- 2 A. Yeah, Iil<.e soap or~~ what I originally 2 because of your knowledge and experience, you're able to 3 thought, like I was liJ<.e, "Is there like" --I was like, 3 rule out corked. Right? 4 "Henri, did you put vodl(a in this?" 4 A. Uh·huh. 5 And he was like, "No, no," 5 Q. And you're able to rule out oxidized?

* A. Right. 6 And I was like, "Is this like the end of a wine 6 7 bottle?" I was like maybe somebody else-- I don't kno Q. Okay. Just wanted to make sure. Go on. I'm 7 8 I was lil<e, "Tlrlsjust doesn't taste right." 8

sorry. 9 He was like, "No, I poured it out-- I got a brand 9 A. That's why, and tl~ why I also checked, like 10 10 new bottle." maybe the bottle had- there for a while, or-~ I 11 And I was like, "Okay." 11 , just why does this-- like 12 12 So I went and looked at the bottle, and it was a 13 Woodbridge Chardonnay, which is like a regular house 13 have a glass o 14 that -- I mean, we carried it at tlte hotel that I worked 14 like tasting i is it vinegared or is it not 15 at for five years. I'm very familiar with the way that 15 vinegared~

So ~a few sips of it just trying to figure out 16 it tastes. And I waslil<.e, "Oh, this tastes so gross, ^[11] 16 17 you know. 17 wba~s going on witl1 it, and then I was like, "No, I 18 j~®'tdrinkthis." 18 So I'm kind of like holding it and not drinking it, 19 and helping Henri and kind of talking to some other 19 .-~~{)we got down to the bar, the hotel restaurant/bar

A ~ea, and I gave it to the waitress and asked her to 20 people about the bas](etball game and the concierge, an 21 then we decide to go downstairs for dinner. ~ bring me something else, and she brought me a glass o ^[0] Bd- 2 22 Q. Let me stop you for a second. red wine. A. Uh-huh. (.023 23 Q. So you didn't drink the bad wine? 24 Q. I don'ttnean to interrupt you. But have you--~ 24 A. No. Well, I had a few sips of it. 25 you've been in the food and beverage business Q. Okay. A few sips is-- 25

f----'--------'------,~"'--f--_;;__:_.__..:...._ __ , ______ 1

120

A. Three. tangentially in different places. Right?~ 1 o \Qj Q. --not a big quantity? A. Uh-huh. 2 Q. Have you ever had wine ~een oxidized?

3 A. No, no.

Q

Chardonnay? 4 Q. Okay. 5 A. It was like barely any-- you couldn't even A. Yes. ~ Q. Okay. You know hat tastes like? tell that I had any out of it. 6

.0\_Q

Q. And then you chose varietals altogether~- you 7 A. Right. 8 switched varietals altogether. Q. Have you ev~u wine that's been, using th A. Right. 9

term "corked"? ~ ^[0] {@ 10 Q. Anything else unusual happen that night? A. Yes. Q. Oiia . ~know wh.at that is? 11 A. Well, Henri was liJ(e -- the concierge lounge A. y ~ 12 was about to dose, and we ended up having dinner with Q. D e what corked wine is. 13 these other two gentlemen. They were like, work for thi ~ ~dnd of lil{e a, it tastes dirty. 14 public spealdng company. ~Tha~'s not the taste you had?

15 Q. Did you know them before you got there? A. No. 16 A. Huh-uh. We just started talldng to them, and I Q. But oxidized? 17 don't Jmow how I started talldng to them. But I think A. Oxidized is like a stronger taste, but this is 18 maybe we were still wearing our Edible Software shirts

not the taste. 19 and they asked about it. And so we just got in a Q. So you, you're telling the, whoever is reading 20 conversation about public speaking, and they ended up this or listening to it -- joining us for dinner. 21 A. I feel like oxidized is almost like a sour 22 And so then we were going back up, because I guess taste. 23 Henri told the Jady to Jike put a piece of dessert out *52 Q. Right. 2 4 for him in the concierge Jounge so he cou]d go get it 24 25 A. But this is not that taste. 2 5 when he finished.

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RIO GRANDE VALLEY -(800) 881-0670 CORPUS CHRISTI - (361) 883-1716 ANDREA FARMER 7/11/2013 31 (Pages 121 to 124) 121 123 1 He was lil(e, "Oh, well, come up and have one mor 1 traveling over a weekend day, as I did on Sunday, that I 2 drink. Have one more drink. ^[11] 2 could flex that time.

And I'm lil{e, "I can't, Henri. I'm just so tired, ^[11] 3 So you know, a travel day is a travel day. You And so I went upstairs and went to sleep. And the 4 don't necessarily have to go back into work. You can if

we woke up really, really early the next day for our 5 you want to. That day we weren't due back into the flight. 6 office, because we were supposed to come in late from on

Q. And flew back to Houston? 7 flight. A. And flew bacb: to Houston together. 8 So I was like, you know, ~ing to go take a nap, 9 and then I'll go back up, ~~e later. On my accord, Q. Do you remember what airline?

like deciding if I was ~~~o up there, it was A. Continental. 10 11 because I needed to~~ things, not that I bad to go Q. Did you sit first class?

fu A. No. 12 back up. So I took a J~td I had a missed call from Henri, Q. Did he? 13 14 and he was a~ '>)for the notes. And so I called back a A. No. little bit hl~nd 1-- Q. You sat together? 15

Q. @hlii notes? A. Uh-lmh. 16 A.~lift I bad been taking at Davidson. Sorry. I Q. Was there drinking on the plane? 17 18 ~~didn't mention that. I took a bunch of notes at A. No. Q. Okay. Whenwas--thiswasinMay. Right? 19 r~sou. ~rf!jjj Q For what purpose? A. Uh-huh. Q. Around May what, would you think, would you ~ A. I'm a note taker. And he wanted the notes. Or

believe? ~2 a lot of times he's like, "Write this down." And so I ^[0] c:::1 ~q3 write it down, because I'm already taking notes. A. The last week of May. Q. The last week of May? And so I guess he had called me or texted me and fr"~ 24

W

A. No. 25 said that he wanted the notes. And then-- I don't know ~122 124 (QI')) 1 1 ifl c-mailed him back that I wasn't planning on coming Q. Memorial Day? 2 2 in, that I would bring him the notes tomorrow. And tl1en A. No, no, no. That was the Ch~~~P· This

he-- I can't remember exactly what happened, but somcb W 3 was probably the second, first or sR~ week of May. 3 4 started the very beginning of th~h with them. So 4 I knew that he was mad that I wasn't bringing him the 5 5 notes that day.

May 7th? I don't know. ~ Q. Okay. 6 Q. Was there ever a time, that, within close 6 A. Maybe it was based on the message that he left 7 proximity to it, but afte~l_t~'ttl t you learned that 7 8 Henri didn't want to sp~rth you for one reason or 8 me, ~~~ 9 Q. And what was that message? 9

another? A:. Very heated, like, "1-- this is urgent." Like 10 10 A. Will YO%~~ don that? Q. Iwf~'llin' ,butijustwanttoseeifi 11 11 "I need you to bring me those notes immediately. ^[11] And so 12 can test yo · ection. Do you remember any instance I called the office, and Marlene, the front desk-- 12 Q. Finkelstein? 13 after the tfR: e trip, New York, New Jersey and 13

Conn~~); that you reca111earning that Henri did not 14 14 A:. Yes. She answered, and she was like, "I'm 15 15 supposed to ten you that Henri doesn't wish to talk to wiweak to you? 16 16 you." A~es. 17 Q. What was that? 17 And I was like-- I thought, I honestly thought she 18 A. We had gotten back at like 10:00 a.m., and I 18 was joking. Like whatever, like okay, he just must be 19 busy or joking around or something. 19 told Henri that I wanted to go home and take a nap, 20 because I just felt so tired from the trip and 20 And so I was like, "Oh, ha ba. Okay. No, seriously 21 everything. 21 let nte talk to Henri." And he was like, "011, sure, sure, sure." 2 2 22 She was like, "No, he doesn't want to tall{ to you." *53 2 3 Well, it was my understanding at the time, and it 23 And I was like, "What for?" 2 4 was similar to this at Mattress lfirm, and I had discussc 2 4 And she was like, "Because you didn't come back into 25 thcoffice." 2 5 this witlt tl1em upon hiring me, that if I was going to be

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32 (Pages 125 to 128) 125 127 And I was like, "What?" 1 A. Because of the flex time, right. And so I was And so I can't remember what-- I think I e-m ailed just so taken back by his reaction to me not coming in 2

Henri, and I was like, "I'm so sorry. I didn't know tha 3 that I sent him this e-mail to kind of try and lighten you expected me to come back in. I'll bring you the 4 the mood and atmosphere. So-- Q. The last sentence, "I'm happy to drive to the notes tomonow." And that was Friday. 5 6 office now, but I just wanted to run that by you."

And so that was that. And then the next day we wei t on this demo to Lone Star Coffee, and he was just bein 7 A. Uh-huh. very distant and rude and standoffish towards me. An 8 Q. Did you go back to tl~ce? riJl~ 9 then it ended up that it was because he was mad that I A. No,

rF ~'%!) dido 't come back in, 10 Q. But you -- Q. This might help. 11 A. I don't think~~ (Exhibit 3 marked for identification.) 12 Q. You went t t day and-- Q. (By Mr. Rosenberg) Can you identity Exhibit 3 13 A. I went t day.

to your deposition? 14 Q. Did h~ r get his notes? 15 A.Y~ A. Yes.

Q.@.

16 Q. What is that? A~~tally, I can'tremember if I typed up these A. Au e-mail at 3:45 to Henri. 17 18 ~r if Marlene did. I think Marlene did it for me, Q. This is the e-mail you were talking- A. Uh-huh. 19 ~out desk person.

Ail!j} Q. Yeah. They wete handwntten notes at first, Q. --you were discussing earlier? So you say, "Henri, ^[11] exclamation point, "I'm so sorry you don't wish ~ and then they wete transcribed into typing. to speak to me." You learned that from Marlene 2 A. They were handwritten, and he just like never 3 even looked at tltem. So they weren't of consequence t

Finkelstein? A. Yeah. This was kind of like a sarcastic him after that. e-mail. Q. From that point-- what was the name of the 128 Q. You were being sarcastic with you~ss? 1 coffee company again 7 1 r;, Y A. Yes. A. Lone Star. 2 2 Q. Okay. Why? ~ Q. From the Lone Star Coffee visit, when was the 3 3

A. It's just like my person~ guess. 4 4 next visit from that point that you did on a road trip, Q. Okay. 5 on an out-of-town trip? 5 A. A. Was the Chicago trip. yful. 6 6

Q. Y au were being p Q. We talked about the Chicago trip already. 7 with your boss? 7 A. Right. 8 A. Like, like if I ~r read this, I'd be like, 8 Q. Correct? After the Chicago -- and the Chicago 9 "Henri, I'm so so~ at you didn't wish to speak wit 9

10 me." Like, "OJI,~ osh, what did I do wrong?" Li 10 trip, I think you said, was the end of May. A. Uh-huh, the last weekend of May. 11 kind of like ov ramatic, playful. Borderline 11 Q. Okay. When was the next trip? 12 sarcastic, in a disrespectf1d way, but just like 12 A. Was in July, when we went to tile Fancy Foo 13 13 in a "Is t~ r real?" Li]{e-

Q. Which was Washington, D.C.? 14 ~ at helps. I wanted you to --because the 14 A. Correct. 15 pri rd is the printed word. 15 Q. But that wasn't one where you were alone with 16 16 ght. Q. And you just helped us. 17 Henri? 17 A. And the context of this is, "Okay, like I A. No. 18 18

Q. Do you have-- remind me if you have a 19 didn't know that you wanted me to come in that badly 19 recollection of anything sexually inappropriate or 20 I'll come in if you want me to." 20 21 I really didn't anticipate- I did anticipate going 21 sexually offensive happening on that trip.

A. To me personally? 22 back into the office, but like I mentioned to Allen and 22 *54 Q. Yes. 23 23 Trevor after that, I didn't think thatl had to go back A. No. Oh, yes. Well, this is not-- I mean, 24 24 in. Q. Because of the flex time? 25 25 call it whatever you want it. I thought it was

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33 (Pages 129 to 132) 129 131 inappropriate. He called me like really late at night, 1 Q. Oh, the phone just rang. and it was like 1:30. And this was in the D.C. trip. 2 A. Yeah. Q. So you don ^[1] t know whether it was a business~ And that was the night~- and I don't think I mentioned 3 4 related thing that he might have forgotten or~- this. I mentioned it in my original statement, because that was like kind of more on a time line. 5 A. Right. I don't know. It could have been a

I had seen-- we had all gone home and all gotten 6 pocket dial. All I know is that's not appropriate fo · off on our floor, and I was on the highest floor. So 7 him to be calling me at 1:30 in the morning. Q. So you recognize i!ifzl\ulil have been a pocket Henri got off, Beth got off, Trevor got off, I got off. 8

~- 9 dial? And then I had to go back downstairs to get something

~I@

10 A. Right. from the front desk. And-- Q. Okay. U Q. What did you have to get from the front desk? 11 A. Tampons. 12 A. So, bu~t --like he didn't leave a voice Q. Oh, sony. 13 mail, or he d1 ,.._you know, typically if it's a A. And so I went down to get that thing from the 14 pocket di~~ i I go to voice mail, and then you 'II

front desk, ami I saw Henri walking by. And I was like, 15 have lik€~cket dial voice mail. Q. ~ss it just cuts out. oh, God, I don't want to talk to him right now, And so I 16 ~Yuess that could happen. kind of like stood behind the pillar. 17

Well, when I was walking to see wherehewas going, 18 o @Okay. I saw him walk back inside with Beth, and he had like h s 19 -~ MR. TODD: Form. ~J@> Q. (By Mr. Rosenberg) Go on. arm around her, and they were ldnd of like walking towards the elevator together with his arm around her. ~ A. Given what I had just seen, I felt like that

And at that moment I was kind of like that's-- I ~ 2 wasn't a pocket dial. ^[0] ldnd of like was suspicions, like "What are they doin*~c:23 So the next morning, I said, "Oh, Henri, did ym And so that was something, other than what I 1 ?~ 2 4 call me?" mentioned before on the trip, that I felt was U' 25 And he was like, ''No, I didn't call you." ~130 132 inappropriate. Maybe not sexually inapp~iate, but 1 And I'm like, "Oh, I had a missed call from you last 1 2 2 night." definitely inap}Jropriate. ~//s.~ Q. Inappropriate that the boss w~..,. walking If you pocket-dialed somebody, I feci like yon would 3 3

cU with his ann arOlmd her? 4 be like, "Oh, I must have pocket-dialed you." He was 4 5 A. Yeah. Why were they b clttownstairs? We all 5 like, "No, I don't know what you're talking about. I

said we were going t~sleep., rf!..~sly, I have a valid didn't call yon at all." And-- 6 6 reason for being down he t why are they down here Q. Well, you're just guessing that little pati. 7 7 And so I went hac up d was awake, and I was 8 A. I'm guessing, based on context of knowing Henri 8 9 reading, and then ~]tone rang, and it was Henri. And and him being very much of an accountant and wanting o 9 like check, check and recheck. Like if I had said that 10 it was like 1:30 !Jt~Vorning. And I was like, oh, my 10 God, like-~~ 11 and he had accidentally called me, I'm just speculating, 11 Q. Wh 12 aid your phone, it was your cell 12 but I can pretty much put my money ml the fact that he' 13 13 going to look at his phone to see if he was going to call

phone~~() A. - II phone. 14 14 me. !J~ r the one in the hotel? Q. But you are speculating? 15 15 16 My ceJI phone. 16 A. I am speculating. But that's how I feel. 17 17 Q. I got it. I just want to make sure when you're Q. Okay. A. And so then I was like, that's not right. Like 18 speculating, we know what it is you're speculating about. 18 19 that's inappropriate. Maybe he's thinking that he can 19 I appreciate the fact you're speculating. I just want to make SlJre I know that ~- 20 like rekindle something from New York. Not going to 20 A. Right. So, so be was just like, "No, I didn't 21 happen, So I chose the next day to ask him about it in 21 front of everybody, 22 call you." And he walked away from the whole entire 22 *55 23 Q. What did you say to him when yml talked to him 23 group. So I just felt like that was inappropriate. 24 that night when he called you? 24 Obviously, I had proof that he had called me, and I 25 25 didn't-~ I felt like he was~~ it made me feel really A. I didn't answer.

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34 (Pages 133 to 136) 133 135 1 uncomfortable, because I feU like I saw him with Beth, 1 A. Well, yeah, because I was there and~- 2 maybe she shot him down, and then he was like, ^[11] 011, I' 2 Q. And prevented it? 3 going to call Andrea and see what she's doing.'' LiJ(e no 3 A. Uh-huh. 4 appropriate. 4 Q. Okay. I didn't know any of that. I really

Q. Again, you're just speculating that maybe~~ 5 5 don't want to get into that because it's tangential to 6 A. Right, but that's, that's why it made me feel 6 this, but there was a time~~ and I just want to make 7 uncomfortable. So between the Chicago and New York 7 sure this is what it is, so I don't have to get into it. 8 trips, other than that phone call, nothing-- or Chicago 8 A. Uh~buh. ~

Q. -~ that you we~l'UIJ~~ate because you had 9 and D.C. trips, nothing inappropriate happened-- 9 Q. Okay. 1 0 to help Amy's mom wit stuff in the apartment. 10

,J))

11 A. -- between Henri and I. 11 A. (Nodding he 12 Q. And up until this point, you never reported 12 Q. Was that re to the suicide? A. (Noddi 13 anything that happened to anybody? 13 14 A. No. 14 Q. Okay. 're not going to get anywhere near Q. TI1e next trip after the D.C. trip was New that. Oth~~ that event gomg on, what else was 15 15

16 going ~our life? 16 Orleans. Correct? 17 A~ Yean, I was just really depressed. 17 A. Yes. o ~About what? 18 Q. And there wasn't anything that happened in the 18

19 ~~ About my life, and about what bad happened 19 interim? 20 A. Huh-uh, just a lot of~- no. ~~tween Henri, and that I felt so trapped, and I felt 21 Q. Just a lot of~~ I mean~ anything in the office ~ like a terrible person. And you lmow, this happened t 2 2 that was going bad or anything like that? 2 my roommate, and she is such a wonderful person. A 23 3 like ldnd Of Struggling wit11 that, like-- just lil~e not 2 4 would say that our relationship was not good. Li in a good place at all. Like everything was just going 2 5 that point, after D.C. and Chicaeo, I pretty muc 25 wrong.

136 1 Q. What was, what else was going wrong? dealt with Trevor and just talked to Tr~ and rarel 2 A. I think at that time like I was having a lot of would go into Henri's office and t~~~m about 3 car trouble. I think my car would just randomly not anything, just because I couldn't ~tim or being

(U) around him. 4 start, and so 1 was like looking for another car, and Q. Couldn't stand being ~~ria=fJenri? 5 that's very stressful, and trying to find another 6 roommate, because~- and acclimating to that and~~ A. Uh-huh. -~(~ Q. Did Amy stop being your roommate? 7 Q. And this is a time o~ actively looking for

another job? (( )) 8 A. She moved to New York to go to law school. A. I would sa 'n~k.'e June, July wasn't actively 9 Q. Okay. looking for anty ~ b. Starting in August, I was. 10 A. And so then my best friend was moving away. Q. sO des e fact that you can't stand your 11 Q. Who was your best friend? 12 A. It's a different Christina. boss, you t looking for another job? A. Nifj) 13 Q. Okay. Snot? 14 A. No, but she bad been-~ let's see. Yes, I ~;d a lot going on at that time.

15 think she was like in the point of moving away. So I was 16 losing a close friend. And just, you know, it's life, Q hat was going on? 17 but it's a lot of really heavy stuff, on top of, olt, my A. Well, my roommate had tried to commit suicid Q. Your rommnate tried to commit suicide? 18 God, like I'm a horrible person because I did this with 19 my boss, this thing that I don't even want to thin], A. Uh-huh. 20 about, And now he's being really rude to me and meant Q. Well, obviously that's a traumatic event. 21 me, and I can't get a handle on it. And I just felt like A. It's very traumatic and-- Q. I take it the roonunate ~-you told me her name 22 I was sinking. *56 Q. You're saying it's something you did with your 23

23 once before. 24 boss? 24 A. Amy. 25 Q. That obviously wasn't successful. 25 A. (Nodding head.) That's how I felt at that

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35 (Pages 137 to 140) 137 139 1 time. 1 psychological care? 2 Q. At any point, did you seek treatment fi:om a 2 A. Because I just wasn't ready to admit that it 3 physician or a counselor? 3 had happened to myself or-- I certainly didn't want 4 A. After Amy had committed suicide, I was having 4 anybody else to know about it. I was so ashamed. And t 5 really hard time with it. 5 just felt like it was the worst thing that anybody could 6 Q. Yes. 6 ever do, ever. Regardless of the state I was in, I just 7 A. And ldnd of trying to decide if it was right 7 had so much guilt and so, like I was so disgusted with

10 whathappened. a 8 that she wasn't successful, I guess. And so I started 8 myself, and I just wanted it~ away, 9 seeing a therapist at that time, 9 Q. You were assignin~ ame to yourself for

Q. What therapist? A. Dr. July out of the Good Samaritans, like this 11 A. Yes.

is like a counseling place. 12 Q. At what po~d you decide that the blame 13 shouldn't be as~ . to you, it should be assigned to Q. Spell the physician or counselor's last name. A. July, as in the month. 14 Henri? Was~ r the FBI got to you? 15 ~D: Fonn, leading. Q. Oh, okay. Male or female? A. Male. 16 ITNESS: Can you replu'ase that question? Q. What profession? In other words, a medical 17 ~B Mr. Rosenberg) Yeah. At what point did you

doctor or a clinical psychologist, if you lrnow. 18 . ~at the blame shouldn't be assigned to you, and A. A psychologist, I believe. 19 should be assigned to Henri? t Q. Okay. How many visits did you have with ~~ MR. TODD: Fonn, leading.

Dr. July? THE WITNESS: Can you repeat the question? A. Probably like eight. ~2 Q. (By Mr. Rosenberg) At what point did you decide ·~~ " 3 Q. Did you relate to Dr. July about any of the that the blame shouldn't be assigned to you and should be

events that happened while you were employed at{~ 24 assigned to Henri? J, 25 Software? 25 A. I would say after I starte.d going to ~138

140

1 counseling-- in May of2012, J started going to 1 A. No. -~ 2 2 counseling, and then I didn't tell that counselor about Q. You-- would this counselor~~ would you 4 psychiatrist, psychologist? Q like to refer to this person as? A c~or, 3 3 it until probably June. And then after discussing it for

4 Probably another two or three sessions, then that's when 5 5 A. Whatever you want. t :ifesn't matter to me. I was ldnd of starting to see that it might not have been 6 Q. Well, you're thet#-sought this person's 6 my fault. 7 services. I'm just trying re out what's 7 But I just felt like there were so many

(_J) 8 appropriate. 8 opportunities where I should have seen through what was 9 9 happening, or that 1 should recognize it and said A. Psychnlog~ -

10 10 something. And then I started finding out about the Q. Okay.~(:? 11 11 other women that she, that came forward. And I don't at A. I thin~ ·ad, I know he had his doctorate, 12 so-- ~ 12 this point even know who came forward first. 13 . Q.~\ .s~ing this psychologist for eight 13 And, and then I had a lot of guilt about her, and I 14 Ill~ (VISitS. 14 should have said something, and then she wouldn't have 15 • -huh. 15 experienced this, and I didn't because I was scared or Q. And I take it this psychologist took a history 16 ashamed or felt, didn't want that to tarnish my 16 17 17 from you. Correct? reputation. And-- but I should have said something and 18 18 I should have said something about Beth, so J had a Jot A. Uh-huh. 19 Q. Because you understand that the way they can 19 of guilt about that. 20 diagnose and treat and render advice is to get a comple 20 And so 1 think that I don't bold myself solely 21 and accurate history. 21 accountable for what happened, obviously, but J feel like 22 A. Right. 22 given that I knew it was wrong and I knew the second tim *57 23 23 Q. Why did you choose not to provide this that it happened that it was really wrong, that something 24 infbnnation you were going through about what you ha 24 really wrong had happened, that I was not okay with, at 25 gone through with Mr. Morris when you were seeking 25 that time I should have said something to somebody.

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36 (Pages 141 to 144) 141 143 Q. So-- and I would not cut you off, because I isn't relevant to anything in this civil proceeding, so 1 1 2 wanted you to feel that you're able to say what you 2 really I would object. I'll object on the record that 3 you don't need to be asking that because it's not even 3 wanted to say. But if I understand what you just 4

testified to, you did not realize that this was Henri's reasonably related to even reach permissible or 5 admissible evidence. So don't answer the question. fault until the summer of20 12. Right? 6 THE WITNESS: Yeah, I don't want to answer it.

A. I didn't reconcile that with myself. Q. Fair enough. But I just want to make sure I MR. ROSENBERG: So you, who are not 7 8 representing her, told her nwswer the question.

got the date right. 9 Correct? ~ A. June- yeah. Q. 20127 10 MR. TODD: Lt mt she needs to make that

11 decision on her own,~ don't lmow how it's relevant

A. 2012.

Q. Late spring, early summer. 12 to anything since&sn't a complainant in this 13 lawsuit. A. Yeah. <>~ /

Q. (By ~osenberg) Are you going to answer th Q. And that's when you saw another psychologist. 14 15 question?>~ A. Uh-huh. Q. Who was this psychologist? 16 A.~ 17 ~ . ROSENBERG: Okay. CertifY that questim A. My current psychologist. Q. And when was the first time you told your 18 ~ 19 . (By Mr. Rosenberg) All right. That

current psychologist about what happened? ~~ysician --I think you said psychologist. Right? A. Late May of 2012. Q. Okay. Who is that psychologist?

A. Yes. <> ~2 Q. All right. You began seeing that psychologist A. I don't wish to answer that. in May of2012. Q. I'd hate to have you come back here ju;~~ 3 24 A. Uh-huh.

a court order and answer that question. I'm not Q. Right? Yes? to get any records from this person or anything 'k 25 ~142 144 ®J 1 that. I just want -- 1 A. Yes. Q. And believe-- and have testified you're still 2 2 A. I still don't want to answer tl~ 3 seeing this psychologist today. 3 Q. Let me tell you what's going~ en if you 4 don't, and then it's your decision. ~o ng to ask the 4 A. Correct.

Q. And I take it you're not going to answer any 5 5 Court to certify the question,~ I believe that A. It's medical. 'ijeJ e medical facts. that person has knowledge of nt facts. 6 questions about the treatment of this psychologist? 6 7 A. No. 7 Q. Correct? Q. I understand. I ^[1] r tand your position. And 8 8 9 I respect your pos~ "r just telling you what's 9 A. Correct.

Q. Okay. 10 going to happen!) ' ing to ask the Court to certify 10 the question, a#e would come down and redepose you o 11 A. I mean, if you want to know is Henri the reaso ^[1] 11 that issue, ~ re going to ask the Court that it's at 12 12 I'm going to this psychologist? Yes. Is this situation 13 your expe 13 the reason I'm going to this psychologist? Yes. And 14 A. if this is not at my expense? 14 that's about as far as I'll go. Q. I think you just opened the door, and 1 ur choice. Do you not want to answer the 15 15 16 questt n? 16 would-- oven he's nodding his head. I would revisit 17 THE WITNESS: Do I have to answer that 17 your, your decision not to answer the question. 18 question? 18 A. Okay, that's fine.

Q. Since you just volunteered that. You just told MR. TODD: You can make up your own mind. I 19 19 20 mean, he, he did say that, but you're not a party to the 20 me-- 21 civil case. They ^[1] llnever get those records, and the 21 A. I just don't want-- I'm telling you I'm not 22 Court won't compel you to do that, because-- 22 going to tell you who it is. I don't want to answer anJ *58 23 MR. ROSENBERG: And I told her I'm not 23 questions about it. If you have a Henri specific relate 24 looking~- 24 question about it, as in, "When did you realize that it 25 MR. TODD: Your, your personal state of mind 25 might not be your fault? When I started seeing my

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37 (Pages 145 to 148) 145 147 1 therapist," yes, I'll answer questions like that for you, 1 propensity to make things up, I have the right to know. 2 MR. TODD: Fonn, leading. 2 if they pertain to the case. I'm not going to go into my Q. (By Mr. Rosenberg) Those are the things I'm 3 personal treatment and my private life about my therap 3 4 Q. I heard what you said. I have questions I need 4 going to be looking at. If you are lying about this and 5 to ask. I'm not going to be guided by a non~party 5 ·admitted to your doctor that you're lying about it, or if witness to my lawsuit as to what rm going to ask. I 6 6 there's something in those records that could assist the have protection~~ I have a job to do. I've got to defense I have in my lawsuit, I'm entitled to know. 7 7 8 represent ~~ If, on the contrary, the ~agist is going to -- 8

the records say this Jadai A. I understand that. 9 9 10St truthful person in 10 Q. ~~ a company and an individual in claims the world, and she ha ical reason not to tell me 10 11 brought against them in a civil suit. TI1at's my job. 11 what's going on, that ~ething I need to know as well 12 And I've got to do it ethically and zealously. I've got 12 So I understan r position. You're not 13 13 represented, so ' ot --I can't do anything else but no choice. 14 A. If you want to ask me the questions, I'll tell

~: telll~~u 1 whe going with this thing. 15 you whether or not 1'11 answer tltem. I understand that 16 you have to do a job. 1 'm trying to be as cooperative as 16 . DD: Fonn. 17 17 ~ Mr. Rosenberg) I just got a sticker for the possible. On this matter, I'm pretty firm. But if you 18 ask me a question that I feel comfortable answering, I 18 ~ 19 will answer it. 19 ~~· Well, I want to ta){e a break anyway. Q. You won't give me the physician's name? 20 ~'1[j; Q. Okay. 21 ~ THE VIDEOGRAPHER: Time is 1:52. We are ~ A. No, Q. Okay. We11, that's one question that I'm 22 ~ 2 the record. -::::~ r-q3 23 asking that you're not going to give me. (Recess from 1:52 p.m. to 2:03p.m.) 24 A. Okay. f'~ 24 THEVIDEOGRAPHER: Thetimeis2:03. We a e

W

25 Q. All right 25 recording. ~146

148

A. Why docs it matte1· what her name~ 1 MR. ROSENBERG: Pass the witness. EXAMINATION Q. Well, because I believe her reco~ 1t a 2

he•· m· him? I believe that the P'ych~ cords 3 BY MR. COGDELL: Q. Ms. Farmer, good afternoon. My name is Dan are relevant~~ are reasonably calcu~ e lead to 4 discovery of admissible evidenc~ re case I'm 5 Cogdell. I am Mr. Monis'lawyer in the civil case. 6 Okay? defending.

~ A. (Nodding head.) 7 ~No. ~Ql Q. Same rules as before. Just because a lawyer Q. Okay. Let's jus~ . Letmecerlify it. 8 Let me bdng itbefo~ burt. You'll get notice of 9 asks you a question doesn't mean it's a perfect question. A.l the heating and rwv~ ppOttunity to be present in 10 If you don't understand it, please let me know and I'll Houston, and w~ ii·om there. Okay? 11 rephrase it. And please make your responses like you di

12 earlier, audible and not just nodding your head. Okay? Q. Be 'm not going to sit in here and play A. Okay. 13 J Q. Did you review any documents prior to your games u. 14 ~~J not trying to play games with you. 15 testimony today in anticipation or in preparation for Q. Yeah,youare. 16 your testimony today? A. No, I'm not. I'm telling you I do not feel 17 A. Yes. I read my original statement to the FBI. Q. Anything else?

comfortable answering questions about my private person I 18 therapy. You guys have asked me tons of private personal 19 A. No. Q. Did you make any notes? questions all day, and I've answered them. And I've told 20 you things that I didn't want to tell you. 21 A. No. *59 Q. Did you bring any notes with you?

22 But on this, that is my private~- that's my 22 23 therapy. That's my healing. And I don't want to answer 23 A. Here? Q. Yes. ma'am. 24 those questions. 24 Q. For example, if you're diagnosed with a A. I mean, the only notes that I took were-- 25 25

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38 (Pages 149 to 152) 149 151 these right here. 1 sound right? MR. COGDELL: Can you hand that to me, Greg . 2 A. Yes, THE WITNESS: Just like more of like a personal 3 Q. Jolm is about 45 years old, white male, brown

pep talk than anything. 4 hair, articulate, typically vety wen dressed, MR. COGDELL: Can you have this marked~- cru 5 responsive, personable, professional in his demeanor. you mark this as exhibit next, please. 6 Same guy? (Exhibit 4 marked for identification.) 7 A. I mean, those are matters of your opinion, Q. (By Mr. Cogdell) Ms. Farmer, this is on the 8 so -- sounds like tl1e same PWQ.!!. Q. wouidyoucteacrib ,~~ifferently?

back of what appears to be -- 9 ~"'over a web, video A. My original statement to the FBI, the last 10 A. I briefly talked page. 11 webinar. I really co ~see what he was wearing or~ Q. Yes, ma'am. I'm just wondering-- can I see 12 Q. You cot~l · him on a web video? Jlct sec him, but I couldn't like your statement, your copy of the statement, your 13 A. I mean, statement? Because it appears to be different than my 14 tell the mate~ his clothing. Q. 0~ copy of the statement. 15 A. ~nds Jike the same guy. And if he's

A. It's probably because it's just printed in a 16 17 She~~'s partner, then I would assume that it woul different- Q. rm sorry? 18 ~®arne person. A. It's probably just because it was printed-~ 19 .-~ Okay. And please m1derstand, Ms. Fanner, the way I printed it. That's what I took it-- the part ~ ~1-- you appear to be catching a tone with me. I'm not labeled 4 right there, I took it from the back. You ha e~ here to attack you. I'm not here to denigrate you or 3d 2 anybody else in the process. I'm here to ask -- it bacl{wards. j~d23 A. No, this is my normal tone.

Q. Give me just a minute. ? ~ 2 4 Q. Titis is your nonnal tone? Okay. At least the first page and the last page ^[1] look the same, so I'm going to ass11me that we'r~~ ? :'i A. Uh-huh. ~150 152 You wrote at the end of what's :J/!1 ed, 1 1 Q. Okay. The meeting, the video conference that off the, the same statement. ~ 2 2 you had with the two Assistant United States Attorneys 3 Ms. Farmer, as Exhibit 4, "Thursd ain composed, 3 yesterday, whose idea was that? 4 stick to the facts, listen to questi~ntl answer that 4 A. Mine. 5 question, don't have to answe~ more, think the whol 5 Q. And why did you want their counsel? 6 A. Because I don't have a lawyer of my own, and I time." Right? 6 ~ 7 7 didn't know what I was going to be doing, and I was ver

A. Right. ~ B 8 nervous about it. So J caiJed Sherri and asked her if Q. And when di~ ake those notes? 9 9 she would give me some prep on it. A. Yesterday~

10 * I know who you're referring to as her Q. Did you,}~ hose notes, ma'am, when you wer 10 Q. So you initiated the call to Ms. Zack, as having your c~ations with Ms. Zack and her 11 opposed to the other way armmd, her calling you? 11 assistant? ~ 12 12 A. Yes. 13 13 Q. And what time did the conference begin?

A. ~ 14 14 A. 2:30. 15 15 Q. And what time did it end? as 16 ell, it's not her assistant. It's her 16 A. 4:30. 17 partner. 17 Q. That's two hours. 18 Q. That's how you, that's what you called her. 18 A. Uh-huh. 19 19 A. Oh, olmy. I certainly don'tmean her Q. Tell me the questions that you asked them and 20 assistant. I meant her partner. 20 the answers that they provided you, as best you can 21 Q. Okay. You said !!assistant." Be that as it 21 recall. *60 22 22 may, let's see if the guy I'm thinking about is probably A. I asked if I had to answer all the questions. 23 the same guy that you're referring to. Okay? 23 Q. And what were you told? 24 A. All right. 24 A. They said, "Yes, try to answer an the 25 Q. This fel1ow's name is John Jocher. Does that 25 questions. It's up to you. We're not going to give you

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39 (Pages 153 to 156) 153 155 1 counsel," and -- 1 to remember, me telling this story to the FBI was only Q. Well, wait a minute. You said that they told 2 the second time that I had ever told the story to 2 3 anybody. 3 you that they weren't going to give you counsel when you Q. Okay. 4 had this discussion with them yesterday. 4 5 A. They said, "We're not going to tell you what to 5 A. And the first time was right before I told the 6 answer and what not to answer," I guess. story for the recorder. So I mean, I remembered as much 6 as I possibly could, but it was only the second time that 7 Q. Okay. 7 8 A. I'm paraphrasing. 8 I had ever talked about it. S~·e are some parts in

it that are a little bit confu,~~ 1\.nd ~- 9 Q. Okay. What else did you ask them and-- 9 10 Q. Take me to the )?Y~ur statement that 10 A. And I aslwd them ifl could have Christina in 11 the room, Mr. Jocher was asking~o clarify yesterday aftemoon. 11 12 Q. And what were you told? 12 A. He wanted ow about when Beth was inebriated, wa Washington or in Chicago, becaus 13 A. They said-- Sherri didn't think it was a good 13 I'm talking a t te Chicago trip, and thenlldnd of 14 idea. She said that she would e-mail Jeff and ask Jeff 14 realize th~n D.C. when she seemed really drunk, 15 15 if that would be olmy. I said I was told and encourage

16 Q.~. 16 to have some sort of support system with me by-- A_;.,~~st clarifying that. And then also in, Q. Who were you told-- 17 17 18 ~e were in ~-he wanted to know how Henri got to A. --the witness coordinator or the witness e 18 19 person at the FBI. 19 ~bar that I was at. ~i/!j Q. Which hotel bar are you talking about? 20 Q. Okay. 21 A. And I asked how long it's going to last, what ~ A. In New Orleans. ed2 Q. Okay. 22 ldnd of tough questions that they're probably going tg ~q3 A. And then what, when I went to the restroom, if 23 ask me. 24 Q. And what were you told in tenns of the toug~ I took my drink with me, if I left it there. 2 4 Q. Which incident are we talking about? 25 questions that they were probably going to ask yo 2 5

156 A. They said they didn't know what~ were, that 1 A. Still at the same incident, in Louisiana. Q. Okay. y'all were going to ask me. They sa~:i~'1iid probably 2 A. At the bar with the rotating floor. And then! be very invasive, and it's going to~ they're 3 picking on you and bullying you~ 1ey're not, becaus 4 say that I was feeling okay in the bathroom, but then I they have a job to do, and that l~;e not bad people, 5 came back out and I couldn't find where Henri was, so I they're just in a situation wh 1ey have to ask you a 6 was feeling disoriented. And then I realized no, I'm not lot of uncomfortable que~fh And basically that was disoriented, the actual floor of the bar is actually 7 just kind ofthe conv<'((s1tt'HJ . 8 moving.

Q. Okay. Now ·o~~ortofregurgitationofthe Q. The room really was spinning? 9 with Mr. Jocher and Ms. Zack 10 A. Huh? w minutes between you and I, three 11 Q. The room actually was spinning? or four miq~j~jtl.ght? 12 A. The room actually was spinning. A. I ^[1] I'm paraphrasing. 13 Q. Okay. Q. Jc~ erstand. But what consumed the rest of 14 A. And, and so he wasn't understanding that it was

th~~urs? 15 like a mechanically rotating floor. He tJJOnght that I, Mie asked some clarifying statements on my 16 the room actually was, the room was spinning in my hea 17 Q. Right. original statement to tlte FBI, because -- Q. Which clarifying questions did he ask? 18 A. And so it took a good amount of time to clarify A. When -- I think it was on Page 145, 19 that, that-- because he was like not understanding that Q. We're different, we're different pages, so 20 it wns a mechanical rotation, like a slow mechanical

subject matter-- rotation, So that took a good amount of time to explain 21 A. Okay. Well, basica11y when I start talking 22 between the three of us. *61 23 about when Beth seemed very inebriated and when she 23 Q. What else did you clarify for him? 24 24 seemed very out of it, I couldn't remember originally A. I think that was it. I think it was just those when I gave this statement to the FBI-- because you hav 25 three questions, three things. 25

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40 (Pages 157 to 160) 157 159 Q. And again, I'm not trying to, to pick at you. 1 Gregory. 1 ^[1] m just trying to capture as much of what happened 2 A. Uh-huh. yesterday·as you can recall. Seems like there would hav 3 Q. Did he explain to you how he got your name? been other topics you would have discussed to 4 A. No. encompass-- 5 Q. Did you ask him how you got my name?

A. They talked a long time telling me about 6 A. No. telling the truth, and my notes, because I'm a note 7 Q. Did you ask him why he was caliing you? taker, so I had a pen and pad to take notes. And the 8 A. He told me be wa~g me because I was said, "No, it's probably not a good idea that you take 9 past employee of Eda'-'bl §hl:'f>ware. notes here." 10 Q. Well, did your · --did you wonder why he 11 was calling you? ~

Q. Because then some lawyer like me will want to see the notes? 12 A. Yeah~bu · en what I lmew --given my A. Will want to see the notes. And I'm fine, 13 personal expe · e, I just didn't feel the need to perfectly fine with you seeing those notes, you know. 14 question. I " t want to say anything. I hadn't 15 decided ~I was going to say, so I said, "I think Q. All right. Let's-- did you make any notes 16 could Q I could give you, offer you some about this-- you just classified yourself as a note 17 info~ifo~." taker. 18 o ~Okay. A. Uh-huh. 19 ~~· And that was it. Q. Did you make any notes about the actions that you believe were sexually or socially improper-- ~riftj} Q. You say you didn't know at that time back in A. No. ~ December of2011 what you were going to tell them? ^[0] -cd 2 Q. Let me finish the question. A. Uh-huh. ,A ~"'23 A. Okay. MR. TODD: Is that a "yes"? Q. --the actions that you believe were sexualij~ 2 4 MR. COGDELL: I'm sorry?

or socially improper by, on the part of Mr. Mon-~_J) 2 5 MR. TODD: Is that a ^[11] yes ^[11] ? ~ 158 160 fW 1 THE WITNESS: Yes. 1 A. No. e,"":r:J Q. (By Mr. Cogdell) Thank you. Why wouldn't it be 2 2 Q. Why not? 3 A. I have just a really hard tim~~g about it 3 clear to you what you were going to tell them? ot· thinking about it. And puttin~~~!'::Paper creates 4 A. Because I hadn't made the decision at that 4 5 point if I wanted to open that door and go through all o 5 some sort of proof that someio v fillght take away from rr c. And I didn't want that to be - tg around my bouse or 6 this. 6

n Q Q. Okay. Were you certain in your mind in 7 anywhere. 7 Q. Okay. Let's bacfil:»~s statement that you December of2011 when it happened? Were you clear in 8 8 made to law enfot'C~~"'foa'ck in Februmy of2012, you say your own mind? 9 9

10 10 A. I knew that it was wrong, and I felt lil<.c if I that that's the firs! t~t you ever -- that day is the first time yo~· discussed this incident with 11 told what happened, it would open up -- it would be a 11

· ~~1::~ 12 12 case. Lil<.e I knew -- anyone. A. Ye~ . 13 13 Q. Try to, if you can, tly to answer the question Q. 1$..~\rer, I tlunk you told us, Ms. Fanner, that 14 14 I'm asking. Okay? The question I'm asking is pretty you...~~ll fi·om Agent Gregmy in December of20 11. 15 specific. Were you clear in your own mind in December 15 16 2011, when you were first contacted by Special Agent 16 Mh-huh. Q. And was discussing with you sort of the general 17 17 Grcgmy, what had happened? 18 topic of they're having some concern with Henri Manis 18 A. Can you rephrase the question? 19 and his female employees while he was traveling. Right? 19 Q. Sure. In December 2011, when Sp~ial Agent 20 A. Uh-huh, 20 Gregory contacted you for the first time, were you clear 21 Q. You earlier testified that Agent Greg01y called 21 in your own mind what had happened between you and He ri *62 22 22 you on your cell phone kind of out of the blue. Monis? 23 23 A. Uh-huh. A. No, Q. When did you become clear? Q. And you were expecting, because of the area 24 24 code, to be someone you knew, and instead it was Agent 25 25 A. You know --

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41 (Pages 161 to 164) 161 163 Q. If you weren't clearin December of2011, at Q. By "Glenn/ you mean Special Agent Gregory? 1 1 2 some point you became clear. So I'm asking you when that 2 A. Yes. 3 point was, in terms of time. 3 Q. Okay. 4 A. --and said that they had done a sting on 4 A. I fecllil'e it's a work in progress, because I 5 lmow my story, and I lmow what he's been accused of 5 Henri. He wanted to let me know, since I had already 6 happening, and.! know the evidence that I've seen, And I 6 made my statement, and they found enough evidence on h ~ 7 feellil'e it's a pretty strong amount of evidence proving 7 to al'rest him. And tllen I thin!{ -- this was after they that. 8 had already done the sweep of~le Software, so it was 8 in, a courtesy to me, as a wi~~~oming forward, to let But even, you lrnow, up to last night, when I was 9 9

10 me !mow what was goiJ!~a<,fth Henri. 10 reading through the, my statement, I was like, why didn't Q-:v 11 I sec this? Like why didn't I realize that this was 11 Q. Okay. A. And so tllcn~l think I Googled it, and 12 going on, or that he was-- 12

there was like s~port by some really small news 13 Q. Let me see if I can-- 13 14 station in Ho~"1~mt had repm'ted on the South African A. I mean, it's just hard to pinpoint it, because 14 15 Ambien, ~~m of-- it said some sm·t of Ambien that 15 I'm not like reconciled with it on my own. I know that what he did was wrong, and I Imow that some1hing happen ~ 16 had b~ught from the, that Henri had brought from 16 17 Sou~Yca. to me that was out of my control, and I didn't consent to 17 it, and I didn't want it to happen to me. ^[0] ~d so it's now your memory or position that 18 18

19 r ~~e discovety of the South Afl-ican Ambien came from 19 But I just, it's always like a learning experience, 2 0 ~oogle search on your patt and not fi_.om the lips of 20 the more and more information I find out, of just how

~ Specml Agent Gregory? 21 cnlculated it was. Q. Okay. Do youtecall the question I asked you? 22 ~2 A. Yes.

~~ ~ q 3 23 A. What point in time-- Q Okay. Q. --did you become clear-- !P~ 24 A. Because I remember being mnd tllat he didn't 24

U' 2 5 25 A. -- did I become clear-- tell me that, that it was in the news and out for the ~162

164

Q. --as to what happened? Answer tha~estion, 1 public, but he didn't tell me that. And I was upset witl 2 him for not calling me and telling me that tltis was a please, ma'am. » ~ A. I guess in, when Glenn Gre!l~~lled me and 3 news story or tltat it was out in the public, because I told me tltat tltey had found tltc jJD~ llenri. 4 didn't want any of this to be out in the public. Q. Okay. And when did~te :h\76u that? 5 Q. You didn'twant any of what to be out in the 't remember. 6 A. Was that in March? , public?

7 A. Anything about Henri that can be linked back t Whenever- ~ Q. Well, you met 1 · in February of2012. 8 me, 9 Q. Okay. Is there anything in your statement A. 1 don't-- w~l-met with him in February, he 10 that's inaccurate?

didn't tell me. JI~dn 't gone to arrest Henri yet. Q. Okay.~~ 11 A. I think there were a few typos. 12 A. I r · tat, what had happened when he Q. Other than typos, is there anything in

caJled~e ~~~id that they did a sting on Henri at the 13 reviewing it-- I mean, I'm assuming, Ms. Farmer, you've 14 reviewed it several times between the time you first got nirpor hat they found the Soutlt African, some for of A~ ^[1] on him. That's when it clicked for me.

15 it and the time today? ~o to be clear, Special Agent Gregory called 16 A. I've read it twice. you and told you that they had fmmd a South African form 17 Q. Okay. Is there anything in there you wish to of Ambien on Henri when they did a, quote, sting on him, 18 change, from a factual standpoint or from an accuracy 19 closed quote? standpoint? A. No.

A. Actually, I don't think he told me tltat. 20 Q. That's what you just said. 21 Q. At the very end of the interview-- it's my A. I'm trying to recall. I think he wns more 22 Page 121. I don't know what your page is -- *63 23

23 vague than that. I think I found that out later. A. Uh-hub. Q. How did you fmd that out? 24 Q. --Ms. Farmer. It's four or five pages from 24 25 A. I think Glenn called me and-- 25 the end. And you say, "But up until coming and visiting

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4 2 (Pages 165 to 168) 165 167 you guys, I felt that that was just a mistake that I had 1 Q. (By Mr. Cogdell) So they told you this --let made, not even knowing that, you know, that there were 2 me back up. Gregory calJs you in December. You meet other things that had gone on, and maybe this isn't with him in Februaty. Right? 3 something that has only happened with me. So up until 4 A. Right. today, I just internalized all that and thought it's my 5 Q. You meet with him, I'm assuming, at the FBI 6 offices? fault. ^[11] Right?

A. (Nodding head.) 7 A. At tl1e FBI office here in Corpus. Q. Correct? 8 Q. In Corpus. So he tra~om Houston to !(})~ A. Correct. 9 Corpus. Q. So before you met with the FBI, is it safe to

10 A. Yes. tF'~"Y say, or is it accurate to say that you did not believe 11 Q. How many tin~ you talk to him, Ms. Fanner, that Mr. Morris had done anything criminal? 12 between the first c&d the first sit-down face-to-

A. No, absolutely not. 13 face intervie:=l\..~" Q. Okay. Well, what did you mean by, "But up 14 A. I thin~t the first time be, it was like right aro~~hristmas, obviously in December.

until coming and visitmg you guys, I felt that Jt was 15 Q. ~ma'am. just a mistake I had made"? 16 17 A~~ I tltink be had to reschedule. So I guess I A. I felt like it was an isolated instance. Q. Well, it bemg an Isolated instance is a 18 ta~R we bad scheduled a date maybe in January RR

different kettle offish than it being a mistake that you 19 r~time between the two, and be had to reschedule made. So what dtd you mean when you said, "But up un tl ~~cause he had another engagement that he had to got , coming and vtsitmg you guys, I felt that tt was just a ~ and so he rescheduled for the February time. mistake that I had made"? What d1d you mean by that? ~2 Q. Okay. So do you talk with hun on the phone ^[0] / 2 3 A. I thought it had more to do with me persona 3 about what happened between the December phone call a 24 Q. Meaning what? ~ 2 4 the February meeting, or is it just scheduling?

A. That it was just me that had been in th ~ 2 5 25 A. Just scheduling. g 166 168 1 blackout situations with Henri. ~ 1 Q. He's not providing you any information -- 2 Q. Okay. What mistake that y~· are you 2 A. No,no. (n 3 3 Q. R- about his investigation during that period referring to? What did you mean ~"6 mistake that I madc ^[11] ? What mistake? 4 4 oftimc? A. Not being more caref ~ myself. And I fel 5 5 A. Huh-uh. 6 ike an outright, I 6 Q. So how long do you discuss with him what don't lruow what happc 7 7 happened before they turn on the tape recorder and this Q. All right. Sto . 8 8 statement is created? 9 FBI, the first incid~waning, I'm assuming- 9 A. This started at, what, 1:10?

10 Q. l:lO,yeah. Yes, ma'am, 1:10. A. New YQJ'I i) 10 11 Q. --New you were unclear in your own min A. !think I got there at 11:00. 11 12 what had ed then. Q. Okay. So you were with him a couple of hours 12 13 13 A. Couple of hours. 14 14 Q. And during this period of time, is he providing 15 15 you information? 16 16 A. No. 17 Q. --in this first meeting? Q. Well, wait a minute. Ithoughtyoujustgot 17 18 MR. TODD: Fonn. 18 through telling us that they told you that this had 19 THE WITNESS: That this was not just an 19 happened with other women and it wasn'tjust you. 2 0 isolated instance with only having to do with me twice, 20 A. He wasn't -- 21 where the same thing happened twice, where I don't 21 MR. TODD: Form. *64 22 remember,! wake up and I don't remember and I'm nake 22 THE WITNESS: Okay, thank you. He wasn't 2 3 and I feel nauseous and awful, that that doesn't have to 2 3 providing me with specific facts about anything. He 2 4 do with just me, that there are other people that Henri 2 4 said, "We'd like to hear what you'd have to say about 2 5 has done this to. 2 5 your relationship with Henri Morris and, in regards to

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43 (Pages 169 to 172) 169 171 traveling with him." 1 Q. It ended at 3:4 7. He said, "There have been some allegations that 2 A. Uh-hub, have come up against him, and we'd like to hear if you've 3 Q. Two-and-a-half hours, more or less. ever-- what your experiences have been traveling with 4 A. Uh-huh. Henri MotTis." Now-- 5 Q. Correct?

Q. (By Mr. Cogdell) Ms. Fanner, we spent about ten 6 A. Uh-huh, minutes hacking apart dtis sentence about, "But up until 7 Q. So if you got there around 11:00, you had about coming and visiting you guys." And during my question 8 two hours between the first ~au tell it and the second time you tell it. Ok£J and answers about that verbiage, you ce11ainly told us 9

tP.. ~f!?!!j" that they had provided you infonnation about what had 10 A. Uh-bub. Q. Okay. What ~nation was told by law happened widt other women. 11

A. Right. 12 enforcement to yo~fore you gave this statement, the 13 one we see her~'-/ Q. And it just wasn't an isolated instance with you. 14 A. Justji!~''Believe it or not, there are some 15 similari~ you aren't the only one that's A. Will you let me finish my answer, so that I can answer the question? 16 experQ this," ~)fay, Did they tell you how many other women Q. Will you answer my question? 17 18 ~~erienced this? A. I'm trying to. Q. Okay. 19 ~· No. ~if!j} Q. Who all was in the room at the, the wannup A. So I gave my statement and told them what

happened between Henri and I on those two trips. Walke ~ session, for lack of a better term? c;d2 through the entire statement. And then they said, A. Officer Gregory, Officer Patrowski, or how d "Andrea, believe it or not, this hasn't only happened t~ r:d:Z 3 you say his last name? ^[0] you." This was after I gave my statement, after I ~o~ 2 4 Q. Patrowski I think is right.

U

them everything that happened. 2 5 A. Patrowski. And then one other court person o t ~170

172

1 There are a lot of similarities in whgened. I 1 the computer, like documenting, is this Henri, and circle 2 kind of talked to him about bow I ne~ anybody an 2 and sign, and-- 3 3 Q. Okay. At one point, you said that you had that J had a lot of guilt about it. A~ said that 4 "We can't get into specifics righ~, ut there are 4 spoken with Special Agent Gregory about fifty times-- 5 other women, and you're not tl~ y one that's 5 A. Uh-lmh. 6 experienced something like~ 6 Q. -- in total, and then you changed that to -- 7 7 A. To twenty.

Q. Okay. ~ 8 A. Then after tha t back and gave the exact 8 Q. -- about twenty times. Give me your best 9 9 estimate as to the number of times you've spoken with same statement an~ythat I had given before. 10 10 him. Q. How do ~o~1?Ji it was the exact same 11 statement? ~ A. The reason I said originally fifty is because I 11 A. I m~ wasn't the exact verbatim, but I 12 12 was trying to gauge like, okay, this has been going on 13 mean, J'~~ y --it was the same-- it was like 13 for two years, and I tall<ed to him maybe about twice a 14 literal!~ 1 14 month. And then I realized no, be only called me a year

ery long -- it was not very long apart 15 be~ te first time I told it and the second time I 15 ago to start talking about this. So I would say he 16 told • If anything, there are more -- I think that I 16 probably calls me when something big happens. Other th n 17 17 told-- I say in here "I know I hadn't mentioned this that, it's maybe once a month. 18 earlier, but"-- and I don't know where I say that, but 18 Q. Okay. And when he calls you and tells you 19 at some point I say, "I know I hadn't mentioned this 19 about something big, color in the details for that for 20 earlier, but I remember" - oh, I know. It was about 20 me. 21 Beth being really wasted. And that's where I ldnd of got 21 A. He just updates me. "We arrested Henri *65 22 off. And I said, "I know I didn't mention this earlier, 22 Morris." "Henri Morris got out of jai1." "Henri Morris 23 but this is what had happened." 23 was put out on bond." 24 24 Q. Okay. Your statement began at 1:10. Q. Well, that wasn't aU in the same day. 25 25 A. Uh-huh. A. I got the information separately, J guess.

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44 (Pages 173 to 176) 173 175 Q. Okay. 1 A. Not officially. Q. Did you request it unofficially? A. Over a couple of different phone calls. 2 Q. All right. 3 A. No.

Q. Okay. So they wouldn't have had any directive A. And~- 4 Q. Let me correct myself. If it wasn't the same 5 from you not to be included. Right?

day, it was within a couple of days. 6 A. Right. Q. So what is your understanding of why you A. Right. So tbat would be an example of more 7 times than one time in a montlt. 8 weren't included? ~ Q. Okay. 9 A. I don't have an* tanding of why Iwasn' 10 A. So the otlter times tllat he would call me is included originally~ 11 Q. Now later, I e within the last 30, 45 days, when the trial would be rescheduled. Q. Okay. It's been rescheduled twice. 12 they've amen~ indictment aod included the 13 allegation agai A. Okay. " u. Right? ^[1] Q. So that leaves about sixteen cails. 14 A. Yes,~. Q. m~ meet with them and go over again what A. And then if there was MM when he goes in and 15

16 does his arraignments M - I don't know. I feel like tlterc 16 happe~t 1 you between this meeting in February o 17 have been a few different meetings and a few different 17 201~ 1e most recent time? 18 schedules and reschedules. So cancellations, o ~No. 18 19 ,r~· Inthetime.thathewas,he--rmsorry. I. 19 reschedules, him going in and accepting my indictmen 20 then calling and talking to me about what, that they're ~~a long, long mght for unrelated reasons last mght. 21 going to put me as part of it. Did you meet with law enforcement between your 22 Q. Let's talk about that. Originally you () ~2 original meeting with them in February of2012 and the 23 understand, or you're aware, Ms. Fanner, that you wer~ "' 3 time when his charges were enlarged to include your 24 named as a, as a victim or, or a person associated «:.:~ 24 allegations?

J' 25 25 the indictment. Right? A. You're asking me if I met with him-- ~174 176 Q. Yes, ma'am. 1 1 A. Right. ~ 2 2 A. --face to face MM Q. Clearly,law enforcement w~ your 4 arrested and charged. Right? 9 Q. Yes, ma'am. 3 claims about what happened when ris was original 3

4 A. --at any other time? Q. Yes, ma'am. 5 A. I don't know any info~ On about that. 5 6 Q. Well,ofcourse~ umetwithtl1em 6 A. Yes, I did.

Q. Okay. And when was that? 7 before he was arrested. Ri 7 8 A. Oh, law enfor~ meaning the FBI? 8 A. Once in Houston. Q. When? 9 9 Q. Yes, ma'am~ "' 10 10 A. In May. A. Yes, Ye~ ~tf Q. Of? Q. So law ~ement was aware of your claims. 11 11 12 Right? ~ 12 A. 2012. May of 2012. Q. So more than a year ago? 13 13

A. ~ 14 Q. -Y:ou understand that ihe original charges 14 A. Right. And that was two, and then once 15 d iN lude the claims that you've made. 15 again-- Q. Let me stop you there. Did you tell them 16 16 A. es. Q. What's your understanding of why you weren't 17 17 anything in May of2012 that you hadn't already told then 18 included? 18 in February of2012, tell them anything new or different 19 A. I, I didn't have an understanding. I just knew 19 A. WeJI, they found the pictures. Q. Okay. Did you give them any new infonnation? 20 20 that I wasn't, tltey didn't necessarily need me. I'm a 21 very private person. I didn't want to be in this 21 A. I confirmed that the pictures were me. Q. Okay. That was more than a year ago. Right? 22 position where I was a witness. 22

*66 Q. Did you request -- I'm sorry, I'm stepping on 23 23 A. Right. 24 your answer. Did you request not to be included in the 24 Q. Did you meet with them again? 25 charging document? 25 A. Yes.

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45 (Pages 177 to 180) 177 179 Q. When? 1 the pictures. A. I really, I mean, I think tlmt you have access 2 Q. Being able to include the pictures?

to when I affirmed the pictures. I really don't remembe 3 A. Part of my testimony having actual physical when it was. They came down here so that I could doth 4 media proof or something. same thing and affirm the pictures. 5 Q. In other words, they needed you to be a victim

including me. * Q. ButthatwasinMayof2012? 6 in the case so they could introduce the pictures? A. No, tbey did it twice. A. I don't lmow. I don't lrnow why they're 7 Q. Okay. 8 Q. Okay. Did you asls~. "Why didn't you do A. Because there was one set of pictures they 9

found from New York. 10 this before? Why is tl~~ening now?" A. I pretty mucl~ them that I didn't, really Q. Okay. 11 A. And then they had to-- Henri had a locked 12 didn't want to go ial and that I didn't want really

flash drive that they had to get into somehow or get 13 to be included, was too late, and-- ^[1] another-- I don't know. They had to do something with 14 Q. When ou tell them you really didn't want to be inchl~ After they included you? this flash drive that they couldn't get into for a while. 15 So then once they got into that locked flash drive, then A. <ifeftire. 16

17 ~~y. Did you know that that was a they found the pictures from the New Orleans trip. So 18 ~~1ty, Ms. Fanner, or a likelihood? then I had to go and affirm that those were me.

Q. Okay. 19. -~'A"; I did. And I knew that I can-- that's the A. And-- Ai.@ason that I had just hesitation in even speaking out Q. About how long ago was that? And bust me, ~ and saying anything is because I didn't want to have m

cd-2 very private traumatic thing that happened to me be p t this is not a trick question. Just approximately"" ^[0] A. Six months-- I mean, it's been a while since /""'-.~ ~c13 under a microscope. anything has happened with this. ...;~ 24 Q. And I'm not suggesting thai any of this is fun Q. Okay. It wasn't right before tills most tecenQ for you at all. So please- 2 5 ~178

180

@ A. I don't think that you are. 1 indicbneni came down? 1 o \Qj 2 A. No, no. 2 Q. So please don't"" Q. Okay. What, if anything, cha~etween the 3 3 A. That was my hesitation. Those were the tltings time that you met with them six c1f@1~'l~~n~nths ago and that I expressed to the FBI. I-- 4 4 when the indictment was super~~~ month or so ago wi 5 5 Q. When did you first express to them 1l1at you 6 6 didn't want to be a part of this? Because when we last respect to you? <'~ 7 7 left that topic"" MR. TODD: F:;'lQ)~ B Q. (By Mr. CogdU 1 thing late breaking? 8 A. I never said that I didn't want to be a part of 9 A. I don't kno~ _/ 9 it.

10 10 Q. Okay. Then I'm confused. Q. Okay. I) ^[0] 11 11 A. Yeah. I never said that I didn't want to be a A. Notl~~t(~ I said or did or"- Q. were infonned that the charges were 12 12 part of it.

going toi~ you-- I'm assuming someone told you 13 13 Q. What did you say? thai£. ~ 14 14 A. I said, "I will be a part of it, and I want to 15 , -huh. 15 help, but I don't want anybody finding out about this. 16 16 Q. ho did? don't want to go on trial. I don't want any of these 17 A. Glenn. 17 pictures to get out or to be" -" 18 Q. Okay. And, and what did he tell you? Just 18 Q. When did you tell-" I'm sony, my bad. 19 that? 19 A. The first time, February. 20 A. Yeah, just exactly what-- I mean, not exactly, 20 Q. You told them in Februaty about-" 21 but what you said. 21 A. Not about the pictures. *67 22 Q. Okay. Anddidyouaskhimwhynow? 22 Q. Hold on. Let me"" we've got to let each other 23 A. I think so. 23 finish. Okay. You told them in February of2012 that 24 Q. What did he say? 24 you didn't want io be a witness? 25 A. I think it has to do with being able to include 25 A. No. That I didn't want to testify.

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46 (Pages 181 to 184) 181 183 Q. Okay. Well, to me that's the same thing. That 1 civil case wasn't filed in Februaty of2012. The you dldn't want to testify in court. 2 ctiminal case wasn't even filed in Febmary of2012. A. No, this is fine. 3 A. I didn't say that it was. Q. I'm sorry? 4 Q. No, ma'am, but I thought you told me earlier A. Like a written statement. They told me that that you told the FBI early on you did not wish to be a 5

this would be admissible in court, that my statement witness in trial, in a courtroom. 6 would be-- A. Right. 7

Q. T11ey told you that your statement would be Q. When did you tell themJhat? 8 A. In February. r&~ admissible in court? 9 Q. Of2012? F~~ A. You're confusing me. 10 A. Yes. U; Q. I'm not tlying to. I'm just trying to, I'm 11 just trying to understand what you're saying. 12 Q. Okay. The~case wasn't even filed then. A. They said that I probably wouldn't have to 13 Do you lmderst~~~f? A. I und~d. testify. 14 Q. 0~ Q. Okay. Andyoutoldthem--Ithinkyouwere 15 A. ~s why I was upset when the civil case, going to tell me that you told them, ^[11] Good, I don't want 16 17 that~Weceive the subpoena, the first subpoena, to testify in court. ^[11] 18 ~~number one, I thought 1 might have to testify nov A. Yes. Q. Okay. So when was-- and again, it sounds like 19 this bas been drug out for so long, that it's ^[1]

I'm enjoying this. I'm just not. I'm fiustrated with ~~ tingto a point where yes, now I'm a witness. Yes, myself. When did you tell them for the first time that ~ you might have to, it might go to trial. '> c;d2 you did not want to be a witness in court? In February And you know, all of these things are happening to ~ ~~3 where it's getting closer, and I probably am going to of2012?

A. No. I think it was in a moment offrustra?~~ 2 4 have to go to the witness stand. Like I said, I told the a few weeks ago, when I got subpoenaed and the~~n 2 5 FBI, I told everybody, I am 100 percent, I will testify ~182 184 1 out that it was you guys that were subpo~g me. I w 1 in the criminal case. 2 very angry about that, because I don::,t: ~'no help this 2 Q. Okay.

ff/fjf 3 3 A. But the civil case- case at all. 4 Q. Do you want to hurt this c~ Q. Let's stay on the criminal case, and we'll get 4 5 to the civil case. 5 A. That's not what I sa~id. 6 Q. No, ma'am. You said. ~ on't want to help. 6 A. Okay. 7 So what, what do you wanfO with respect to the case? Q. If I'm underslanding you right, in February of 7 8 2012, you tell the FBI, "I don't want to testify in the 8 A. Nothing. (( ~ Q. So you don·~'t=fu be involved in tl1e case? 9 criminal case, in the courtroom." Right? 9

'> (!!:j 10 10 A. In the courtroom. A. No. Q. You~o 1sh to testify in the case? 11 Q. Okay. When did you change your mind? Because 11 12 12 now you're telling us that you told the FBI, "I'll do A. In case?

Q. InM vtl case or the cnnunal CdSe. 13 13 whatever you need me to do in the criminal case." When 14 ~criminal case, I will testify. 14 did you change your mind? 15 y. 15 A. I guess probably lil(e eight months ago, and I 16 and this is exactly the conversation that just-- 16 17 I had with the FBI. "I will testify. I'll do whatever 17 Q. What changed your mind? 18 you guys want in a criminal case." And I've been very 18 A. When the case just continued to move along and 19 clear about that. I want to help with the criminal case. 19 it was getting closer and - Q. T11e criminal case? 20 Q. Okay. I'm-- 20 21 A. The civil case-- now, let me finish-- is 21 A. The criminal case. *68 Q. Okay. 22 totally different. I asked if I could get out of the 22 23 subpoena. They checked if I could get out of the 23 A. Was moving along, and it was rescheduled, and 24 subpoena, and I was-- we were told no, that I couldn't. then more information and evidence was found, and I w 2 4 Q. Okay. I ;nn confused. Let me hack up. The 25 25 told that it's really now becoming a strong possibility

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47 (Pages 185 to 188) 185 187 that it is going to trial. And if it does go to trial, 1 started at -- then I will probably have to testify. 2 A. Yes.

Q. Was it previously suggested to you that the 3 Q. Let me finish answering (sic) my question case wasn't going to go to trial? 4 before you say ^[11] yes. ^[11] You-- look, this is a long day A. That was the hope. 5 for everybody. It's the longest day probably for you. Q. The hope of who? 6 You want to break for five minutes? A. Everyone involved. 7 A. No. I just want to get this done. Q. Meaning the FBI? 8 Q. Okay. That's fine. ~ep going.

;g;; A. Yeah. 9 A. Okay. Q. You had worlre~~t'e a couple of weeks. Right? Q. Meaning the U.S. Attorney's Office? 10 A. I don't know. I just started talking to the 11 A. Uh-huh. (}"" Q. And ~·t w ~as it the first night of that

U.S. Attorney's Office-- 12 Q. Okay. When you say, "The hope of all was that 13 trip that you cl · 1e pictures were taken of you? the case wouldn't go to trial"-- 14 A. The d night. Q. Se~night. A. I'm sorry, that was a generalized statement. 15 A. ~ewark. Q. Okay. Who are you referring to? 16 ~Ycl that was in Newark, New Jersey? A. I'm referring to mostly Officer Glenn Gregory 17 18 .~Monday night, uh-huh.

and Cheryl Shaffer. Q. Whydidtheyexpress,orhowdidtheyexpress 19 ~ ~· Okay. ~if(jj MR. COGDELL: The picture, Gregg, that you the fact that they didn't want the case to go to trial? What did they say that led you to believe that? ~ showed her of--

~ 2 A. They said hopefully it doesn't go to trial, Q. (By Mr. Cogdell) Now, okay, Exhibit I -- and ^[0] hopefully that there is a plea, and that thataway no~~ ~~ 3 rm just-- just for clarity-- the witnesses will have to testify in court. . ,? ~ 2 4 A. I have it.

Q. Okay. And if you had your druthers, waul~" 25 Q. Okay. Exhibit I, and-- ~186

188

1 rather testifY in court, or rm assuming yo~ather not 1 A. That's Exhibit 2. 2 2 MR. ROSENBERG: You're right. rm sorry. Thi testify in court, in the criminal case?~i.fJ

A. Selfishly, I would prefer n~ 3 3 is 1. 4 Q. That's fair. !understand~ nd I think 4 MR. COGDELL: Dammit. 5 what you're going to tell me is~ 'e would want to ha 5 MR. ROSENBERG: Sorry. Q. (By Mr. Cogdell) If! understood your 6 to go into an open co~ be identified and say, 6 7 ^[11] Those are my pictures. ^[11] erstand. rm not 7 testimony, you left the hotel with Mr. Morris the second JU 8 quarreling with that. ant to make sure that I 8 night, y'all came into the city, to Newark. Right? 9 understand what y~ . 9 A. Uh-huh.

10 10 A. As for jy~ 1 guess, and retribution, MR. TODD: Form. 11 11 TilE WITNESS: Yes. whatever you~ to call it. Q. Ju~ what was the second phrase? 12 Q. (By Mr. Cogdell) And you met this person that 12 13 A. R ution. I don't know if that's the right 13 was a Jewish comedian. Right? 14 14 word ~~e'll just go with justice, for doing the A. Yes. ri~ g, I've realized that 1 probably-- it's-- I'm 15 Q. You don't remember his name? 15 16 now Willing to testify, because I realize the importanc 16 A. No. Q. I'm going to tell you, this guy's name J know 17 17 of my testimony.

Q. Okay. Let's get into a few details of the 18 18 is, just a matter of being an old dude-- me, not him. 19 trips. And if these are redWldant, I don't mean to be. 19 A. Okay. 20 Q. -~his name is Jackie Mason. I just want to make sure I understand as closely as I, or 20 21 21 as well as I can. The frrst trip, the May trip, right? A. Okay. *69 22 Q. Does that name sound familiar? A. Uh-huh. 22 Q. That was May 6fu, 7th, 8th, somewhere in there? 23 23 A. Yeah, Q. Okay. You had never heard -- 24 A. Yes. 24

Q. And that was about two weeks after you had 25 25 A. Yes, U.S. LEGAL SUPPORT RIO GRANDE VALLEY -(800) 881-0670 CORPUS CHRISTI - (361) 883-1716 ANDREA FARMER 7/11/2013

48 (Pages 189 to 192) 189 191 Q. --of Jackie Mason? 1 where it starts to like pocket in my memories. A. I'm tllinldng. 2 Q. Okay. Let's back up then. What time did y'all Q. You're not going to insult him. He'll never 3 leave the hotel to go into New Jersey?

know one way or another. 4 A. Probably like 7:00. A. No, I didn't have a clue and-- 5 Q. Newark. Q. Okay. 6 A. Manhattan. A. --who he was.' Now, I think I've seen him on, 7 Q. Okay. I'm sony.

like a, one of, like some, one of the late night shows 8 A. I understood the qu*. Q. Good, I didn't~. ~ since then. 9

Q. Right. 10 A. I left to go in tO--e (:; attan at or-- I think it A. When I saw him on the late night show, I still 11 was, it was probabl iJJl7:00 o'clocl{·ish.

didn't mal{e the recollection, but now you say "Jacki 12 Q. Okay. An&fum you had anything to drink before Mason," I'm like, "Okay, maybe I know who that is.' 13 you left the has~"'

Q. But kind of a Rodney Dangerfield era comedian 14 A. Do y~t want me to answer these questions 15 again? o:f!fJ;

an older comedian that's been around for a long time.

Q. ~rdo. That's at least now your understanding of the man. 16

A:~Olfay. Yes, I had had one glass of red wine. Right? 17 18 ,~Okay, A. No. Q. Okay. He was a stranger to you that night? 19 r~ "d. And tlten Henri Morris fixed me a coffee mug o A. Yes. ~«@'l'Hstic --or paper travel to-go cup of a vodka soda. Q. Okay. And this is one of the last ~ Q. Okay. So two drinks?

recollecttons that you have before your memory goes &?2 A. Two drinks. ^[0] blank? r:c-~ ~d23 Q. And then how many drinks do you have before yo A. Uh-huh. !?~ 24 meet this fellow? VJ MR. TODD: Is that a "yes"? 25 A. None. ~190

192

. (f.?!> 1 TilE WITNESS: Yes. 1 Q, So total oftwo drinks? 2 Q. (By Mr. Cogdell) Look closel!<;J~fendant's 2 A. Right. 3 Exhibit 1. Do you appear to be into ? 3 Q. And bow long is it before you meet this fellow, 4 A. It's really hard to see mx~ face. 4 Mr. Mason, approximately? 5 Q. Well, from what you~a s'de--6fyour face, do 5 A. How long does it take to get from Newark to 6 you-- does it, do you appeac intoxicated? 6 Manhattan?

A. ldon'tlmow. ,£_Q 7 7 Q. I'Ilhavetoaskhim. 8 Q. Okay. Obviouau were with Mr. Morris that 8 MR. ROSENBERG: Could be anywhere from fifie n 9 night. Right? ~ 9 minutes to tlu·ee hours.

A. Uh-huh~ {!jj THEWI1NESS: Idon'thave-- 10 10 11 Q. Mr. Mo;~ in the picture witl1 the same 11 Q. (By Mr. Cogdell) What's your memory how long

fellow t~at ~"!erring to as Jackie Mason. Right? In 12 12 the drive was? 13 this Defe ~s Exhibit 2? 13 A. J feel like it was probably 45 minutes to an 14

'o~

14 hour.

~~'ve got a fullHon clear shot of Mr. Morris. 1 5 C 15 Q. Now, you are literate in the social media and 1 6 16 Facebook and Linkedln and all that? 17 A. Uh-huh, yes. 17 A. Uh-hnh. 18 Q. Does he appear to be intoxicated? 18 Q. Do you recall posting any pictures that night? 19 A. I rcaJly can't say that based on a picture. 19 A. I think I did post a picture of us going into 20 Q. Okay. How long after meeting Jackie Mason is 2 0 the tunnel. I was thinldng about that, and I almost we t 21 it that your memory goes, goes blank? 21 bacl' and looked last night, but I ended up not. I thinl{ *70 22 A. I don't have a clear recollection, like 22 I posted some pictures of us going into the tunnel. 23 tltat's --1 think I mentioned earlier that I don't really 2 3 Q. And were you-- you were ce11ainly sober enough 24 remember what restaurant we were at. I don't really 2 4 to post something on, on Facebook, right? 25 remember where we were sitting. I have vague-- that' 2 5 A. I mean, I don't think tlmt sobriety has

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49 (Pages 193 to 196) 193 195 1 anything to do with posting on Facebook. 1 it~~ based on this and my~~ I don't know. It's just Q. Okay. What's this exhibit? 2 kind of like a stupid post. I'm like, "Wow, I was ldnd MR. ROSENBERG: 5. 3 of tipsy at that point." Q. (By Mr. Cogdell) I want to show you -- she's 4 Q. With all due respect to the Facebook posters, got to mark it first. 5 probably 99 percent ofFacebook postings are pretty (Exhibit 5 marked for identification.) 6 stupid. Q. (By Mr. Cogdell) Show you Exhibit 5. It 7 A. Right. But I don't know, it's just lil{e a

appears to be posted at 7:39p.m. in New York by you, 8 stupid picture, and I was li~~ -- Q. Look, pull back Ev~~n to New York City "Dinner in NYC," exclamation point, "at Manhattan, Ne 9

u) P~({ljjj" York." Isthatyou? 10 before? A. Yes. 11 A. No. Q. Did you post that? Q. Would yo~e with me it's an exciting first 12 A. I did. 13 time experienc&: u?

A. Yeal~~t tat's not really like my Q. Okay. So if we've got you going into the city, 14 I'm assuming this is captured real time at 7:39 or 15 personali~uess. Q. ~nobody pulled a gun on you to post-- shortly thereafter-- 16

17 A~ ~ow. That's why I'm saying, I feel like I A. Uh-huh. 18 ,~sy at that point, because I'm-- I don't know, Q. --how long after this is posted approximately

is it before you meet Mr. Mason? 19 ~~lt just seems like a tipsy thing that I would post. Ai/!jj Q. Okay. A. Urn-- MR. ROSENBERG: Mark this as 6. ~ A. I'm not saying I've never posted anything tipsy THE WITNESS: I don't know, like-- <> c;d2 on Facebook, because I've had Facebook since before t1

(Exhibit 6 marked for identification.) ,;;:;~ ~d23 rest of the world had Facebook, but-- THE WITNESS: Not that long. Like it w~~ 24 Q. What does that mean? probably maybe 30 to 45 minutes, I would say. U' 25 A. Like Faceboo]{ started when I was in college and ~194 196 1 Q. (By Mr. Cogdell) Okay. Look at ~~xt, 1 when only college people could have it, and there were n 2 Exhibit 6. And again, your, you app~~ posting- 2 pictures, and there were no -- it was just posts. 3 A. Yeah. 3 Q. Okay. Q. -- a few minutes later at 8~1 . 4 4 A. So I mean, it's not really relevant to 5 5 anytlrlng. I'm just saying I've had a Facebook for, since

A. Right ~ 6 Q. You write, "Lincoln T- ,Berni askedmeifi 6 I was 19. was claustrophobic, ^[11] cxcl~ · npoint. "Answer, no, an Q. Okuy. Regardless, you made the decision to 7 7

« ~ 8 we're off." 8 post dris on Facebook. A. No, I think~~~se pictures arc, these 9 A. Right. 9 10 10 Q. Certainly Mr. Manis didn't encourage you to do times arc wrong,;.__~ ~· How w~ese times be wrong if you're 11 11 that. postmg th~ 12 12 A. No. 13 A. M~'e: maybe it took a while to post, because 13 Q. And would you agree with me that at the time we we~he tunnel and in traffic and it wasn't 14 14 you're posting this on Facebook, there's certainly, po~· 15 15 you're not feeling awkward about Mr. Morris - 16 Q~ell, this looks like before you were going-- 16 A. No. A. Because this is before when we were going to Q. -- or under any pressure or threats or anything 17 17 18 Manhattan. 18 and so forth. Right? 19 Q. Right. 19 A. No. 2 0 A. So that doesn't make sense. So maybe I posted 20 Q. Generally speaking, and we've got a few minutes 21 this from the restaurant, or maybe I reposted it becaus 21 left, how often do you post on Facebook? How many time *71 22 a week? 22 it wouldn't go through. Q. Okay. A. Depends on what I'm doing. 23 2 3 2 4 A. Because I remember taldng this picture, and I 24 Q. Approximately. What's the low-- what's dte 25 was talking about this picture and saying, you know, 25 sort of the low and the high?

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50 (Pages 197 to 200) 197 199 1 A. Low is zero. High is seven. 1 terms of when the pictures of you were taken? Q. Okay. Aboutonceaday? Moreorless? 2 A. Yes. I can't recall. I think they said it was 2 3 A. No. 3 like a long period of time. 4 Q. Seven times in a week isn't once a day? 4 Q. Well, I mean-- 5 A. That's the high. 5 A. A few hours.

Q. Okay. You go and you're at this restaurant, 6 6 Q. Let me be clear. To-- that's poorly worded on 7 my part. Do we need a break? 7 you meet Mr. --what's his nari1e? B MR. MORRIS: Jaclde Mason. 8 THE VIDEOGRAP~wo minutes.

Q. (By Mr. Cogdell) -·Mr. Mason, and then Q. (By Mr. Cogde~l) 0 9 9 Really two parts to that question, Did tl1e - with you how long it took 10 everything goes dark. Right? 10 to take the pictures? U 11 A. Right. 11 12 Q. What is your best recollection of when you got 12 A. Yes. ~

Q. Okay. ~tJhat did they say? 13 13 back to the hotel? A. I don~ember. 14 A. No idea. 14 15 Q. Y~~ "a fairly long time," I think you 15 Q. What is your best recollection of when it was

16 said. Q 16 that you claim these pictures were being taken of you? 17 A~ 'Yairly long time. Like I remember being 17 A. I think it was around 4:00 in the morning. 18 Q. And you base that, I think I heard your answer 18 s~ed, because to my knowledge, there was only on 19 to Gregg, but you base that on what, the 4:00 in the 19 .--~~~e taken. And like I think that they had told me 20 moming? ~ l?@jiat there were pictures starting from like-- I don't 21 A. And now forgive me, because I was very grogg ~ even remember. It's been so long ago, and I was so c:;d2 22 at this ti~e. traumatized by seeing tl1e pictures, that tl~ere's not a ^[0] j~c:23 whole lot else I remember from that meeting.

23 Q. Fmr enough. 24 Q. Okay. But according to your memory, the FBI A. I thin}{ I recaJI looking at the bedside ta 1 ~" 2 4

VJ- 25 and seeing the time on the alarm clock. 25 suggested to you that the picture taking lasted some ~198 200 Q. And the time on the alarm clock wa~alatm 1 period of time? time of it was accurate? t 2 clock that was provided by the hotcl?Ace;~U A. It was more than one second, which is what I

A. The hotel, like a digital, ~ 3 thought that it was. Q. And you believe that 1l1e a~ock was, 1l1e Q. Okay. 4 5 A. So I want to say a couple of hours. I don't A. I don't know. I had een -- really recall. 6 Q. You assume that it · 7 Q. But the beginning, the first picture would have A. At that time I ~ti; that it was. 8 been taken, and 1l1en two hours later ti1e last one was Q. Now, when~ "F'BJ came and showed you the

9 taken? 10 pictures that wet~ ~that evening-- A. I don't know. A. Uh-huh ~ 11 Q. Okay. Did they share with you when in terms of Q. -- d' share with you-- do you know what 12 tl1e hours of the day those pictures were taken?

A. Maybe, but like I said, at that time it was my ~:~~~tadata ~ au probably do. Do you know whatmeiada a ~~ understanding that there was one picture, and I'm sittin . mtisit? 15 here seeing that there arc multiple pictures, and I just, ell, are you familiar with the term Q 16 that's all I remember from that meeting. I know that "metadata"? 17 they told me a lot of information, but-- A. No. 18 Q. Okay. We're out of time, so I'll come back A. Okay. Q. Okay. Are you aware that, for example, when 19

pictures are taken, or entries are made into a computer, 2 0 THE VIDEOGRAPHER: The time is 3:03. We're o there's a record -- 21 the record.

*72 22 A. Correct, yes. 22 (Recess :fium 3:03 p.m. to 3:11 p.m.) 23 Q. --of it time-wise that can be captured? 23 THEVIDEOGRAPHER: Thetimeis3:11. Weare A. Yes. recording. 24 2 4 25 Q. And did the FBI share with you the mctadata in 25 Q. (By Mr. Cogdell) Okay. Ms. Fanner, I'm going

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51 (Pages 201 to 204) 201 203 1 to tty to be as time efficient as possible for all our 1 Q. --after that, something like that? Now, 2 sakes. Okay? Is it accurate to say that after you woke 2 refresh my memmy, ma'am, as to who was at the Jolm 3 up in your hotel room on the, in the early, what you 3 Hancock Tower. 4 believe to be the early morning hours of-- what would 4 A. Henri Morris, Trevor Morris, and Beth Jac){SOI

that be, May 7th? Is that the date? I'm sony. May, 5 and myself. Q. Okay. And tl1e next morning when you either the late evening hours of May 9th-- 6

A. May lOth. 7 intentionally outed the fact that Mr. Morris had called Q. --May 1Oth. Right. When you woke up in the 8 you, that was in

A. I believe it was in~~"' early morning hours of May !Otl1, foggy as it was, you 9 ofTrevor and 10 Beth. But I don't ,7'?: certainly had the belief that Mr. Morris had taken l'ey were paying attention. pictures of you without your consent. Right? 11 Q. Okay. You ~ mauvu. Morris said,

12 "What are you tai~bout?" He, he denied, in essence, A. Yes. Q. Okay. You were at least that clear. Right? 13 that he had call~~· A. Yes. 14 A. RighO::~said,"Ididn'tcallyou." Andl 15 said, "~Ndi:~ I have a missed call from you." And Q. And would you agree with me that that certainly

would have negatively impacted your view of Mr. Morri ·? 16 was tr 1g. o be vague. A. Yes. 17 ~ y were you trying to be vague? 18 .~Because I felt uncomfortable about outing him. Q. And likewise, your view of your, of your job.

Right? 19 ~ : · Why did you do it? ~rf(/jj A. But I wanted to set a boundary, that that was A. Yes. Q. Okay. Chicago, let's jump there. You talked ~ inappropriate, like passive aggressively, I guess. And

about earlier that the late night phone call at 1:30 8;t2 that was my way of setting the boundary and letting hi j ~62 3 know I'm not going to like have any secrets or allow yo ^[1] a.m -- A. Uh-hnh. . t?~ 24 to call me at 1:30 in the morning. So tlmt was my way f Q. --or something like that in Chicago. Wh~~ 25 setting a boundary as ldnd of letting him )mow that if

~ 202 204 1 your phone number at the time? ~ 1 you call me at 1:30 in the morning, I will say somethin 2 about it in front of your son and Beth. 2 A. The same as it is now, 361~ 3. Q. Okay. And who was your 3 3 A. T-Mobile. Q er? Q. Okay. You used the term "I was passive 4 4 aggressive,'' or ttkind of passive aggressive.'' 5 Q. Was it that evening t~ 1 went to the John 5 A. Uh-huh, 6 6 Q. Would you characterize yourself as passive Hancock Building? ~ 7 aggressive? 7

A. I think so. ~ Q. Okay. Didy /':p 8 A. No, not consistently. 8 a picture from the John i ELL: Do you have it? 9 9 Q. Inconsistently passive aggressive? Hancock Building~ - 10 10 A. I think everybody's passive aggressive at some A. Yes, I <lig{i'~ 11 point, maybe even ifthey don't realize that they're 11 Q. Let ~(ou iliat, Ms. Farmer. 12 12 doing it. 13 ~ENBERG: No. 13 Q. Okay. Have you looked back at your phone 14 14 WITNESS: That's it, that's it. Oh, no, records for that evening -- ili~ Miami. 15 15 A. No. 16 Q. (By Mr. Cogdell) In any event, you believe iliat 16 Q. --that morning? Have you seen Mr. Monis' 17 Mr. Monis would have made this late night call after th 17 phone records for that morning? 18 A. No. 18 John Hancock Tower get together? 19 19 A. I think so, yeah. Q. Okay. New Orleans, the next trip, was that the 20 20 next (rip, or was there D.C. in there? Q. What time were ia11 there, that is, at the 21 21 A. D.C. was in there. John Hancock Tower? *73 22 22 A. It was probably around like 10:00 p.m. Q. Nothing of a sexual nature happened in D.C.? 23 23 A. (Shaking head.) Q. Okay. So this phone call would have been 24 24 three, three-and-a-halfhours -- Q. Okay. Let me just skip over, skip over that. 25 The Aunt Sally's dinner, who was pres·ent there at the 25 A. ID1-huh.

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52 (Pages 205 to 208) 205 207 dinner? 1 comptroller and Henri, no. But that was kind of A. Tom, I think it's Tom Langford, but I'm not 2 uncomfortable. Q. All right. I'll go there for just a minute. sure. Tom, who is the CFO of Aunt Sally's; the 3 comptroller, whom I can't remember her name. 4 The bickering Catholic/Jewish thing.

Q. All right. You've called Cheryl-- I think 5 A. Right. you've used the name Cheryl? 6 Q. Mr. Morris is Jewish? A. I used the name Cheryl throughout my statemen 7 A. Jewish. Q. And I'm not trying to play gotcha. Let me 8 Q. And the comptrolle* ~.(0>~ A. Catholic.

throw another name out and see if it might be consistent 9 with your mem01y. Joan White? 10 Q. --is Catholic.~arted the--

A. I think. that ~arted it. I believe her A. Yes. 11 Q. Now, after I outed, if you will, Ms.~- 12 name was Joan.~ A. I don't lmow what her name was. I mean 13 Q. Okay. ^[0] ~'

A. I me~don't know her name. honestly, I thought it was Jackie for like two months 14 Q. ~animated did that~~ because I Googled it on my own, and I saw Jaclde. And 15 A. ~ards the end of the dinner, it got to where was like, "Oh, Jackie, that's right." And then I think I 16

it w~"it, okay, like~- at first it was kind of funny, said her name the other day, and then I was like, "Oh, I 17 18 ~~nit got to where it was like bordering on like, don't know if that's right.'' So I don't know what her name was. 19 ~'maybe don't say it so loud, and lil{e --it was

Q. And who is Larry Stanton? ~ ~st, got really uncomfortable. A. Oh, Larry. That's the CFO. I'm sorry, I'm ~ Like she kept being lil{C, "You hate me because I'

like sometimes I create names for people that are not <> ~ 2 Catholic." And like, "Oh, you're just Jewish," and it L~·-v 3 correct. Idnd of got like borderline racist, I guess, and I felt

Q. Okay. So who were you with that rught? Le ^[1] 2 4 uncomfortable with it. And I just wanted them to jus do it t11flt way. 2 5 Jike stop talldng nbout it ~206

208

@J:l Q. Of the two of them, who was being more 1 A. Larry Stanton. 1 dl i\Jj inapproptiate? 2 Q. Okay. 2 A. Let me just give you titles.~urrent, A. The comptroller for sure. 3 3

during that time, August of 20 ~~t .Sally's curren 4 Q. Okay. And so she was yards above, in tenns of 4 her-- 5 CFO and comptroller. ~ 5 A. I think Henri was just ignoring her. 6 Q. Okay. lfi told~ou suggested to you 6 Q. Okay. Is she in her cups at that point? Is 7 that the identity of those s would be Larry Stan tor 7 she becoming intoxicated at that point? and Joan White, wou y agree with me? 8 8 A. Yes. 9 A. Sounds r~~~ 9 Q. A little or a lot?

10 Q. Sounds Lt~ng offamilianty? 10 A. Yeah~~ A. Kind of, she was becoming increasingly, having 11

11 12 Q. So mking back on it, your memory havmg more volume to her voice. So it appeared to me that she 12 y an agmg lawyer, you think that the cFp 13 was becoming increasingly more intoxicated at dinner. 13 been refr?( Q. What about Henri? 14 •:~d ~Z~ rdent, or the other way around, the President 14 ~were Stanton and Joan White. Right? 15 an A. You can't tell with Henri. 15 Q. Okay. So at least from a visual observation, 16 A. President? 16 he didn't appear to be -- 17 Q. What is, what is Larry's title? 17 A. At that time it was CFO. A. He's- are you familiar with TABC 18 18 19 Q. Okay, CFO. Fair enough. The dinner, where wa certification? 19 Q. I've tded about 150 DWis in my earlier days. 20 it? 20 A. Right. 21 A. Some restaurant, steak and seafood restauran 21 *74 22 Q. So yes, ma'am. on Bourbon Street. 2 2 23 Q. Anything unusual about the dinner? 2 3 A. So he's like an experienced drinker. Like be 2 4 A. Other than some odd Catholic/Jew bicl{ering, 2 4 doesn't, to me, otlter than tlte time that he seemed very, 2 5 very drunk when we went to the Hancock Center in Chicag , 2 5 back, Jewish bickering back and forth between the

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53 (Pages 209 to 212) 209 211 1 I really could never tell. 1 Q. Well, then let's get my definition of a lie out 2 there. Okay? A lie is an intentional and false 2 Q. All right. So except those two occasions, he 3 never appeared, at least visually or outwardly to you, to 3 statement, a knowingly false statement or representatio 4 Okay? 4 be intoxicated. 5 A. Uh-huh. 5 A. Uh-huh. Q. Giving that definition of a lie, did you lie to 6 6 Q. Whether he was in fact or not, you don't !mow, but you're saying-- 7 any customers while you were at Edible's, working for 7 8 A. No. I mean, based on the-- 8 Edible? ~

A. I mean, tlte e~te t;~'fhe lie would be, "Oh, 9 Q. --he carried his liquor well? 9 10 A. Based on the number of drinks that he had, h 10 let me go. I have an ppointment," when I jus 11 had to have been intoxicated. 11 really wanted to ge customer off the phone. 12 Q. Okay. Are you TABC certified? 12 Q. Okay~Lit bite lies? 13 A. I have been in my past. Not currently. 13 A. White ' 14 Q. When were you TABC certified, and under wha 14 Q. Oka · you ever lie to your employers whil

15 you wer~~ible? 15 circumstances? A. ~an, I'm sure that I made up white lies to 16 A. I guess I've been TABC certified from the tim 16 I was 19, and then my certification just expired in 17 the~o. 17 18 April. 18 o ®White lies in terms of what?

19 r~· In terms of probably-- hmm, 1 can't think of 19 Q. I'll give up. Why did you become TABC 20 ~~ything specific, like right now. certtfred? I tluttk I know the answer. 21 A. Oh, because I worked in food and beverage. ~ Q. Okay. 22 f;d2 Q. Okay, and did you work as a, as a hostess, a A. I'm sure that in tlte three months ofworldng ^[0] ~~~~3 there, in my emotional state-- I'm not a liar. I don'

23 waitress, or an alcohol server? 24 A. Everything. . JC ~ 2 4 intentionally tell lies all the time. I'm not a ?5 Q. Okay. Do you consider yourself a tru~ty_· 25 compulsive liar. But I'm sure that being in the state

~ 210 212 1 that I was in during the time I worked at Edible Softwar person? ~ 2 and all the personal things going on, that I probably A. Yes. o ~ Q. Okay. What else? # Q. What sort of things motivate ~ie?

3 told them something that wasn't wholly true, to get out A. Hmm, avoiding hurting se~y's feelings. of having to give a personal fact. 4 5 Q. Okay. Do you recall any specific examples?

A. Ifl don't want to nece :OY talk about 6 A. I don't. by omission. a Q. You say that you were three hours short of something, I wlll omit inti 1011. So it's like lying 7 graduating from the university?

8 Q. Did you eve~'o-customers while you were at A. One class short, so - 9 ^[0] !J!j} Q. How many hours short? Edible? 10 A. ltriedt~ 11 A. I'm not sure. I think that the, it fulfilled a Q. Di~~~ 12 few different credits, so like I needed one more history A. If~~; I did, because I found out, as I

13 credit and an upper division credit, and maybe one othe work~~~e M - and this was another issue that I had 14 but this one class tlmt I was actually signed up for, with~ le Software-- that the software didn't perform 15 upon the time that I walked the stage, it was an online in t~ay that it was, we were led to believe that it 16 class, was going to fulfill all of those. Q. So you were three classes short or three hours could, without a lot of extra money being put into it. 17 18 And that was just my observation in learning what it short? could and couldn't do, and watching other customers po 19 A. One class-- I was, ifl could take one class 20 more and more billable hours into their customizations. and fulfill my requirements fOr graduating, because this 21

Q. AU right. Let me stop you so that I one class fulfilled the upper credit, credit that I *75 understand you. At least at today's date, you're teiiing 22 22 needed, and -- us that you believe you intcntionaiiy exaggerated the 23 Q. What upper credit were you lacking? 23 capability of the-- 24 A. I needed three more hours of upper credit 24 25 25 A. No, no, not intentionally. classes.

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54 (Pages 213 to 216) 213 215 1 Q. In anything? 1 A. I started working in 2009. 2 A. In anything. 2 Q. And you were let go when? 3 Q. Okay. So you lacked three hours and only three 3 A. 20Jl. 4 hours to graduate from the University of Texas? 4 Q. So you worked there two years? 5 A. And I needed a history credit. 5 A. Uh-huh. Q. Well, that's more than one class. 6 6 Q. And you were terminated for tardiness? 7 A. Okay. Do you understand what I'm saying? 7 A. That was the terms in which I was terminate

' 8 Q. No, I really don't. 8 but obviously I was rehir~d it was just an 9 unamicable relations~ my supervisor. 9 A. Okay, So I could take right now Women's 10 Studies in Japanese Culture, in upper division. It woul 10

Q. Witl1 who? ~ 11 be an upper division level class, and that would suffice A. Her name is ·· tin Gullo. 11 Q. And whata~e nature of that dispute over 12 three hours for my upper division crediL It would 12 13 suffice a history credit, and it would suffice a cultures 13 tlmt relatio;j: 1 Ms. Gullo tl1at was poor? 14 credit. 14 A. I wa --like it was just-- I don't know. 15 She just~ care for me, and I didn't care for her 15 Q. So you could accomplish all of this by the 16 16 and it~ust a personality clash. taking of one three-hour course. 17 A. One class, yes. 17 ~ttl you quit, or were you terminated? 18 Q. I give up. Why didn't you take the one threeM 18 ~W!j I was terminated. 19 hour class so you could get your sheepskin from ihe 19 . Bywho?

Jtr:p rf{& A. Kristin. 20 University of Texas? 21 A. I just got busy with life and was working at Q. Okay. And the stated reason was? 22 the Hyatt at the time, and my sister was getting marrie ~2 A. Tardiness. 23 And tlten right after that, J started worldng at Mat~ f> 3

Q. And you disagree with that? 24 Firm, and-- ~ 24 A. Urn--

U

Q. How many years ago was this? 25 ?.5 Q. Were you tardy? &214 216 (@ 1 1 A. Yeah, but everybody was tardy. A. Four. 2 2 Q. And you say you could, yo~ccomplish Q. Okay. Were you tardy? 3 obtaining a degree from the Unive 3 A. I was tardy. Texas by takin

Q ~ 4 an online class? 4 Q. Repeatedly? 5 5 A. On occasion. A. Uh-huh.

~ 6 Q. Why haven't you do~ tin the past four 6 Q. Okay. Were you warned? g 7 years?. 7 A. It was like a separate type thing. 8 8 Q. What does that mean? A. I just haven't~ 9 Q. Okay. Th J ess Firm, when did you-- 9 A. There had been like a training class that I 10 10 had, was running late to because the breakfast, the me I A. I mean,Jt $500 to do it also, so I've 11 never had lik~xtra $500 to give to the class. 11 that I had to pick up wasn't ready. And it was -- I Q. Ne~ ght a dress that cost $500? 12 12 mean, it's not really relevant, but it was just a stupid 13 13 type thing where one of' her friends-- Mattress Firm is A. Nl('Ji 14 ~Y· . Ever gone on a trip that cost $500? 14 very incestuous, and one of her friends called her and 15 since college. 15 was like, "Yeah, Andrea seemed kind of disoriented at~ 16 Q. Okay. 16 she was late to this training." Well, I wasn't really 17 17 A. I have a lot of student loans. late. I just wasn't early. So I was there well before 18 18 Q. Okay. And so it's the $500 that's the tltis training class started, butl wasn'tthere when the 19 impediment? 19 rest of the District Managers had gotten there. 20 A. I mean, it's that, it's the time, it's a lot of 20 Q. So let me be clear. So you think that your 21 different things. And the fact that for the jobs that 21 termination or the justification for your termination of *76 22 I've had, those haven't, it hasn't been like, "You need 22 being tardy was a contrived -- 23 to have this, or else you will not get this job." 23 A. Yes. 24 24 Q. Okay. Q. Okay. When did you first work for the Mattress 25 Firm? 25 A. I mean, they proved it, and that's why

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55 (Pages 217 to 220) 217 219 1 ultimately-- but I, walldng in-- 1 A. In terms of what? Q. Well, if they proved it, how could it be 2 2 Q. How long did -- did she attempt suicide one 3 contrived? 3 time? 4 A. Walking into the office at that point, I was 4 A. How long did she attempt suicide? 5 going to quit if they didn't fire me. Does that make 5 Q. No, no. I'm sorry. How many times did she 6 sense? 6 commit, or attempt suicide? Q. I suppose, at some level. 7 A. Once, around me. 7 8 A. I-- yeah. It was just not a good 8 Q. Okay. Were there o~~.=QPcasions where she 9 attempted to do it, as far ar~~ aware? 9 relationship. I -- 10 Q. Sowhydidyougoback? 10 A. Yes. tF~'\::!y) 11 A. To Mattl'ess Firm? 11 Q. Okay. And ~:W have the situation that you 12 Q. Yes. 12 discussedabo~tyo eliefsconcerning:Mr.Moms. Wh t 13 A. It's a huge company. It was a totally 13 else was gomg our ltfe that was d1fficult or 14 different area. I never saw that lady. I, I stiJI have 14 emotional fo m 2011? A. ls~ot enough? 15 close friendships with a lot of people that I worked with 15 Q. ~ot ttying to be clever. I'm ttying to 16 at Mattress Firm. And you know, I, I believe in the 16

17 find~ ~at was going on. 17 company. I think it's a good company. It feels comfortable to me. I'm good at it. o ~Right. Nothing. 18 18

19 ~~ Okay. You were seeing a psychiatrist, a 19 And I was offered a Training Director position in 20 Corpus, which is what I wanted to do anyways. And so, A~· William July? 21 mean, I had several people tell me after this all ~ A. Uh-huh. 22 happened that they were upset. Because normaJly you l~2 Q. He's known primarily as a relationship wouldn't get fired, you would get demoted out of that ~~d23 counselor, is he not? 23 24 !?~ 24 position, A. Uh-huh. And they-- and then, youlmow, then. were sw " 25 Q. Were you seeing him for relationship problems? 25

~218 220 District Managers, they were like, "Wh~ppened? I 1 A. No. I was seeing him because I didn't-- my 2 insurance with Edible Soflware hadn't ldcked in yet at would have totally taken you on m~e@

Q. Wait a minute. You told me h ninutes ago 3 the time that this happened, because it happened in that you were going to quit if yo~ get fired. Q. What happened? 4 5 A. When Amy attempted suicide. A. Yeah. ,..__~ 6 Q. Okay. Q. Okay. ~ A. I'm not saying I ave accepted that 7 A. And so I was looking for something in Houston

position. I needed a /.: c • I needed something 8 that didn't, like you didn't need insurance to have a lo different lneede~l away from that. Butl'mjust 9 rate. And he was the one that I found, and I talked to saying like tl1e ~~t Mattress Firm worl{s, it's ave 10 him, and I really liked him. large compan~cisions are made independently per Q. Okay. Did you connect with him? 11 departme~~rc's, you ]mow, several hundred 12 A. Uh-huh. districts, (f)~ach one of those, the district manager 13 Q. Feel like he did you some good? makesJ(It~iring decisions. So I wasn't-- l mean, I 14 A. Yes. feeL.fiin~ell that I could go and get a job at Mattress 15 Q. By discussing your problems and what was on Fir~day if I wanted to,

16 your mind? Q. Okay. You, you stated several times that you 17 A. Yes. Q. Why didn't you tell him about what was going on had a lot going on psychologically. It was a difficult 18 time for you-- 19 with Mr. Morris? A. Uh-lmh. A. I wasn't ready to, 2 0 Q. ~" in 2011. I know one of the things that's 21 Q. And when did you first out that to a care

*77 22 out there, Ms. Fanner, is the reality that your roommate 22 provider? 23 apparently attempted suicide. Was that an ongoing thing? A. June of2012. 23 24 Was that a one-instance situation? How sort of long tenn 24 Q. More than a year after it happened? 25 was that problem? 25 A. Uh-huh. Yes.

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56 (Pages 221 to 224) 221 223 1 Q. Do you feel like Dr., Dr. July wouldn't have Q. Before Edible Software? 1 2 A. Before Edible Software. 2 been sympathetic or wouldn't have provided you some Q. Okay. So that couldn't have anything to do 3 3 assistance? 4 A. I'm sure he would have, but it wasn't his 4 with this case? issue. It's my issue. 5 A. I'm just lil{e, you're pulling out all these 5 Q. Okay. Are you lefi:Mhanded or right-handed? 6 Facebook things, and I'm like, oh, God. 6 A. Right-handed. 7 Q. Well, to my knowledge there's nothing in 2010 7 Q. Strong and predominant right-handed? Or some 8 in these Facebooks. But le~and you Exhibit, Exhib t 8 9 Number 8 and ask you if~~ identify that. 9 people are kind of ambidextrous.

A. I can do things with my left hand. 10 A. Okay. rF'~ Q. But you write with your right hand? 11 Q. All right. Th~bviously a Facebookpost A. Yes. 12 thatyouputupo~9th,2011,6:32viamobile. A. Uh-1t~~~~ Q. Throw a baseball or golf right-handed or 13

whatever? Q. Now~t's a ^[11] yes." Right? A. i!e ~ 14 A. Yeah. 15 Q. Tennis right hand? 16 Q. o . ose of us who are not Facebook literate, A. Yeah. 17 that~I eans you posted from your device. Q. Okay. 18 oJ@Right.

MR COGDELL: Do you want to go with-- do y u 19 ~· _All nght. May 9th was the first day you got want me to pass her? I may have a couple of follow-up A ~re. R1ght? questions. ~ A. Um --

MR. ROSENBERG: Yeah. f"d2 Q. Or second day? =--~~d-23 MR. COGDELL: Probablynot. A. No. ldon'tlmow. MRROSENBERG: Okay. Pass? ;?~ 24 Q Okay. ^[11] EversincelgottoJersey,myhairis MR. COGDELL: Pass the witness. U-

2 5 strai~ht as a board, There's no big Texas bounce. I may ~222 224 1 as well trade in my b.lush for bronzer. No offense, Amy. ' 1 RE-EXAMINATION ~ 2 The Amy you're talking to is your roommate. Right? 2 ~- 0 BY MR. ROSENBERG: 3 Q. Ms. Fanner, I just have some, exhibits to 3 A. Yes, she's from New Jersey. go over with you. Some of them ~ book generated. 4 Q. Okay. That's Amy Marie? 4

I just want you to identify them ~~~ me the sequence 5 5 A. Yes, but her last name is Horican. But she pu 6 AmyMarie. 6 and what they are, and we'l~M-~gh it. So each one is going to have to be marlze (1 identified. 7 Q. That's her, her post? 7

(Exhibit 7 through l(fh)_r· cd for identification.) 8 8 A. Yes, uh-huh. THE WITNE§t_ ~st remembered of a trjp I 9 9 Q. Her screen name, I guess that is? 10 A. Uh-buh.

10 took. Is that goig~~e a difference? Because I 11 said I didn't tak~p, but then I remembered one that 11 Q. Right? Yes?

I did take .. 1 ~ A. Yes. 12 12 Q. _(B~~osenberg)Okay. We'llgettoitina 13 Q. Okay. Do you know if this was before or after 13 14 secon~~ 1 take care of it. I tell you what, why 14 you had the, the dinner where you met the comedian? 15 daRt~~ ddress that now. When was-- 15 A. I think it was after. This post, this original 16 ~h, no, I think it was before I worked for

16 post-- 17 Edible Software. It was. Does it matter'? 1 7 Q. Right. Q. Well, you're thinking about a trip. Tell me 18 18 A. --was before. My response is after. 19 what -- you volunteered, so Jim going to ask you about 19 Q. Okay. Well, you're checking in also later on, 20 it. 2 0 on May 9th, 2011, at the Lincoln Tunnel Heliport. 21 A. No, I, I was thinldng about --looking at those 21 A. Right. *78 22 Facebookpicturcs, I remember-- yon said, "You haven' , 22 Q. Now, you weren't at the heliport. That's just 23 since you've graduated, you haven't ta]{en a trip that 23 where the phone picked up and reconciled with? cost $500?" Yes, I took a trip to Vegas for a 24 24 A. Right. 25 bachelorette party in August of 2010. 25 Q. You didn't go in a helicopter.

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57 (Pages 225 to 228) 225 227 A. No. 1 something that, an inside joke kind of? Q. It's above the tunnel? 2 A. Yes. A. Yes. 3 Q. All right. Q. Okay. 4 A. And the original post that I posted was before A. Can I clarify this post? 5 any of this happened. Q. Sure. 6 Q. The upper sentence. 7 A. Yes. A. Because it sounds rea11y bad. Q. No, go ahead. Clarify it, sure.

8 Q. Because you're-- th~es sense, because the 9 next post, you're going ~n~&,~ tunnel. A. So Amy is from New Jersey, and she's like a, A. This postwa~;P~{;:n~ later, and I didn't mean quote-unquote, Jersey girl with like the straight hair, 10 and she wears a lot ofbronzer on her face, and lil{e gym 11 to-- I think I menti~ ^[1] that I was-- that I was kind tan, laundry. I mean, that's just like a social standard 12 offeeling tipsy. ~k I accidentally checked in to 13 Lincoln Tunn~~~n't thin}{ I did that on purpose. right now from like Jersey Shore.

Q. Okay. Q. Oka~t=f:'sExhibitNumber9. That's May 11. 14 15 Now,c~dentifythis? Two different posts. A. I obviously am not like that. 1 don't wear

A. '@.j uh. bronzer. I don't wear my hair straight. And I don't 16 lil{e guys that are from New Jersey, So this post is- 17 ~ y 11, 2009, 9:39,9:37 p.m. <> ~Uh-lmh. when I said, "I don't know about that. I've already met 18

19 ~~· Which day was May 11? That was the second d y two guys since I've been here who are just your type, I'll send you contact info," I did not mean at aU for ~"@£the trip, or tlre third day? me, or that I had met guys that I was flirting with or ~ A. This was the, that day, the night before we interested in. 2 went home. ^[0] Q. That was the Connecticut day? The two guys that I was talking about were, one, tl 3 Billy, the person at Paris Produce, who we went t ~ A. Right second day that we were there. And he was vcr 25 ?5 Q. Why were you, why wus it the longest day ever? i(( 228 1 1 What made you so tired? spikey hair, he liked to tan a lot, the ver~ 2 stereotypical of what you see on tel~~ of the Jersey 2 A. Because we had gotten up, done, spent, you

Shore. Just Amy's type. ~ 3 3 know, six to eight hours in a room with Davidson, 4 The second person that I me~li.t the other 4 answered questions, ldnd of brain storming, and then ha client's that we went to that h Oite~. clients of Edible 5 5 to drive back from Connecticut to LaGuardia. I had tha 6 , nd he was sitting 6 conversation with Henri in the car, and also-- do you 7 have a boss'! 7 Q. I think I have four. 8 8 And so he and ~l Jboth sitting in this like area 9 A. Okay. I don't know-- 9

10 and I'm taldngJ!IWjtes, and he was kind of, I guess, 10 Q. My wife and-- well, actually seven. My wife hitting on me,~ will, and he gave me his card and 11 and seven kids, but other than that, no. 11 asked for~~. But again, not my type, not 12 12 A. Well, I mean, that's a little bit different, 13 intereste~1se arc just two tltings that I thought 13 But I mean, think back at a time that you had a boss tha 14 were fi and were very New Jersey. 14 was several levels above you. And if you ever had to 15 11 regardless, you, whatever the state of 15 take a car ride with your boss, it's a little stressful, 16 16 You have to think of things to say the whole time, and 17 is just a check-in, but the bronze stuff is, is a post 17 that's straining, and plus all of this other stuffthat 18 you made where, were you, where you were actually in th 18 was going-- it was just a long day. And I was really 19 state of mind to joke and be jovial and have nonnal tired. And I had-- yon know, we bad eaten dinner, and 19 2 0 conversation with a fhend of yours? 20 was just getting back in, I guess. I don't know. 21 A. I think that no matter what I have going on in 21 Q. Okay. But you-- you posted Umt you loved New *79 2 2 York City, but can't wait to be home again. 22 my life, I'm able to joke and be jovial to get through it. 2 3 A. Do you think that everybody is completely 23 24 Q. Okay. But all, all Number 8 is, is you 24 honest on their Facebook posts about what's going on? 25 Q. If you're going to tell me my kids aren't 2 5 communicating with your friend on a friendly basis about

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58 (Pages 229 to 232) 229 231 honest, we can have a ten-hour deposition going forward 1 A. Wait-- because that's a famous thing to eat in A. Right. So I don't know why I posted this. 2 New Orleans. Q. But you, you wouldn't post anything to 3 Q. Is it?

intentionally lie, right? A. And I Jil<.e bananas foster. 4 A. I mean-- 5 Q. Okay. Q. You say, "I love New York City.'' I'm aNew 6 A. I thin]{ that actually tltat Larry had told me

Yorker. I can understand that. 7 that we were probably going to go to Mr. B's, like we ha A. Right. 8 talked about that before an~ed about bananas foste ~ Q. That's probably the most truthful statement 9 maybe.

(r~rf!!/J anyone's ever said. And ^[11] Butcan'twaittobehome 10 Q. Okay. again. ^[11] There's nothing wrong wifu that. Right? 11 A. I don't rea11y ~mber.

A. I just feel like tltis is like trying to allude 12 Q. Actually, th a better one. I'm going to to the fact tlmt I was really having a great time. And 13 show you Exhi 1ber II. thin}{ that sometimes we're a little less, we're a little A. Oh, r 14 maybe more ~-I'm a little bit more positive on my Q. Tl~ etter version of that. Right? 15

A. ~'I couldn't see what it said. updates. So I think that my kind of complaining, I 16 ~ilft an-ived at NOLA, and I like it already. needed to balance it with something positive. 17

Like rather than what if I had said, "Longest day 18 ~~rough, but channing. Nonetheless, I'm excited ever. So tired. Can't wait to be home again." Well, 19 ~~'tmanas foster tonight at Marriott." and then Trevor sees that, or somebody else in the ~«?fjj A. Uh~huh. ~ Q So ail II is ""I should have pulled this out company sees that.

Q. So you fnended people when you worked thereJ c;d2 befote, and I apologize"" is a cleaned up version of 10. A. Yeah, because I controlled the Edible Softw~~q 3 A. Right. J? ~ 2 4 Q All right Now, you mentioned to us tl1at you

Facebook page. Q. There's Exhibit Number 10. Ma'am. Ma~' 2 5 did the Facebook social media page for Edible Software? ~ 230 232 1 Exhibit Number 10. 1 A. Uh-huh. ~ 2 A. What is this other one? Is !~~otl1ing? 2 Q. What was your, what were your duties and 3 ~ 3 responsibilities wifh regard to that? Q. Let me sec.

A. The UT article. U 4 4 A. I would just post on it, post articles, try and 5 Q. Oh, T don't know. I'~ ~~f-gding to ask about 5 get otl1er people to "lil<e" us, just cleaned up the page 6 6 lit1le.

:.sn~ it. 7 A. Oh, okay. I was ~'l':Jondering the relevance Q. Why do you want"" I can never understand why 7 8 there. (( ~ 8 you want people to "like" something on Facebook. What'. 9 Q. It'sjustonie~epage. 9 tl1e benefit? 10 A. It just increases your search engine A. Okay, Y<l' kay. 10 Q. Exhibit~ er 10, obviously you're stating 11 11 optimization for your company. you're~oi e and checking into LaGuardia. 12 12 Q. All right. Here is Exhibit Number 12. 13 13 A. U . A. And if you have a certain number of "likes," Q. f1e next one, now I realize there have been 14 14 tl1en you get to be lil{e an official page on Edible Fa~ sin between all of this, but July 27th, and then 15 15 Software. 16 there s something blocking it. Obviously you weren't in Q. Okay. So there's a, a business development 16 17 the Marriott Hotel in Santiago, Chile. That's a Facebook 17 purpose "" 18 glitch. 18 A. Right. 19 A. Right 19 Q. ""of accumulating "likes"? 20 Q. You're at Marriott in New Orleans, right? And 20 A. Uh-Jtub. you said you enjoyed-- you just arrived obviously in Ne N 21 21 Q. Which is, which explains ""I don't want to *80 22 Orleans, you're excited for bananas foster night at the 2 2 answer your question for you "-which explains why you'r 23

Marriott. Did Henri tell you that's what you were going 2 3 telling your friends -- 24 to eat, or what was happening with, why you would put 2 4 A. Yeah, so -- 25 2 5 that on tl1e Facebook? Q. --that everybody should "like" tl1eir, your

U.S. LEGAL SUPPORT

RIO GRANDE VALLEY -(800) 881-0670 CORPUS CHRISTI - (361) 883-1716 ANDREA FARMER 7/11/2013

59 (Pages 233 to 236) 233 235 Facebook page. 1 A. I'm telling you that like, I was like, man, I A. Right. So in this page, I needed lil\e 50 2 wish I was anywhere but here. maybe, and I only had 43, I think. Some number. Mayb 3 Q. Which is why you say, "I love my new job. ^[11] it was like 48. I can't remember. I needed some number 4 A. Right to be able to be like a real page and to write my own 5 Q. Okay. posts on it. 6 A. It's-- I don't know. I feel like a lot of

Q. Okay. Now, you remember when we started these 7 people, when they're down and out, wiJI post sometltin things, I was looking for Exhibit Number 7 and didn't 8 like, "Oh, this is so great. ~ving such a great find it. I just did. I'm going to show you Exhibit 9 time," but maybe not ha(~~ great time. Number 7 and identify it-- ask you to identify that. 10 At that time I wa~~t~ remain positive. I did

A. Okay. 11 lil{e the work that~ ~loing, and I've always 12 maintained that. txu.d like the work that I did at Q. This is, you're in, you're into the trip, in 13 Edible Sof~a!~'-' New York. Right? A. Ub-hub. 14 Didilov~boss? No. Didllovemyjob? Yes, I 15 did Ji){e Jd~ a lot. And I liked being in control of Q. And you're saying on May lOth, 2011, "I love my

the Fa&Ji~'bf page, and I liked writing marketing new job, but not as much as I miss this sweet boy.'' 16 17 ma~;fnd I liked meeting with clients. Did I like A. Right. 18 . ~.......__~s? No. And that's probably why I stick around Q. Who is the boy? A. That is my little friend, Jacob Dudley, who is 19 ~ ~- We could read into the explanation any way you

the son of the person sittlng outside. ~~nt. And I, I heard it, and I respect it. But I just Q. Got it, who you're close to. ~ want to talk about what the facts are. l%2 A. Vet·y close to. A. Right. Q. All right. But you say, "I love my new job, ^[11] ~~q3 Q. The night before was the night you found out

a 25 clicking noise, which you allege to be a, a device that being Edible Software. Correct? ~ 2 4 that your boss had been in your room, with hearing A. Ult-huh. ~234 236 1 Q. Was this-- where was this, May 1 O~n 1 camera~- 2 relation to everything going on? ~ ~ 2 A. Right.

Q. Okay. The day afier the, e e pictures and A. I guess it was the day after.~ Q. -- when you had no clothes on.

3 3 4 4 A. Right. Q. The next day, you post saying, "I love my new 5 5 things of that nature? ~ 6 6 job, but not as much as I miss this sweet boy." A. I guess so. ~ 7 Q. Okay. So you had. 7 1 that those nude A. Right. Q. Okay. Just two more. Exhibit Number 13. Wa 8 pictures were taken o~ e day you posted the "I Jove 8 9 9 my new job"? ~ / there a trip to Miami? ^[0] @j} 10 10 A. Y cab, with Trevor. A. No. Q. Okay. So it had nothing to do with, and 11 Q.We~ 11 12 A. I d' >5 ow that the pictures were tal{en of 12 nothing untoward happened there. 13 13 me untilll;i. tltem at the FBI. A. No. ~ y. Fair enough. You had known that your 14 14 Q. So that's what we ^[1] re looking at on the bottom, 15 15 bo een you without any clothes on, with a blanket the August 8th, 2011 ·· 16 16 wr pp round your anldes at the time you posted tllat. A. Right.

Q. -- sweet-~ 17 A. Yes. 17 18 Q. Okay. 18 A. And that would be Trevor's driving. 19 A. I want to expand on that. 19 Q. He ^[1] S a bad driver? 20 Q. Go ahead. 20 A. (Nodding head.) A. I think that Facebook is a great outlet. LH{e 21 21 Q. Okay. *81 22 22 I said, I think that I always try and remain positive on A. Yes, on the record. Q. So you think~- that's fine, and you are under 23 Faccbook. So maybe in posting this-- you can specula 23 24 it any way you want to. 24 oath. 25 Q. Well, you ^[1] re speculating. rm not. 25 A. I know. He is.

U.S.

LEGAL SUPPORT RIO GRANDE VALLEY -(800) 881-0670 CORPUS CHRISTI - (361) 883-1716 ANDREA FARMER 7/11/2013

60 (Pages 237 to 240) 237 239 1 Q. But that's what U1is is about. It has nothing CHANGES AND SIGNATURE OF WITNESS 1 2 2 to do, Exhibit 13, that Facebook post has nothing to do 3 WITNESS NAME: ANDREA FARMER 3 with Henri or anything like that?

4 DATE OF DEPOSITION: .TULY 11,2013 4 A. No. I was just trying to be able to do stuff 5 PAGE/LINE CHANGE 5 on my, on the Facebook page. REASON FOR CHANGE Q. Okay. 6 6

7 7 A. On the Edible Software Facebook page. And the 8 8 on the bad driving, that would be Trevor. "'I\_

~(.(">- 9 Q. Okay. Last one, look at Exhibit 14. 9 ~""--~ 10 10 A. Right. Okay. This also, I-- see, that's the (( ~~ 11 11 problem with Facebook. Now I'm never going to write

12 12 anything on Facebook again. You can read into this for ~ o~U~ 13 trial like this as much as you want. But I went down a 13

14 ~~"' 14 wrong door trying to get to the pool area and locked 0~~ 15 15 myself in this liJ'e maid's --like a lot of times at 16 iF'~."' 16 hotels-- well, I'm familiar with hotels. I worked in 17 ""~ them for a lot of years. 17 *82 22 THE VIDEOGRAPHER: Time is 3:56. We'reofftl e 22 NOTARY PUBLIC IN AND FOR - - - - 23 record. 23 TI{ESTATEOF (Deposition concluded at 3:56p.m.) 24 24 25 25

U.S.

LEGAL SUPPORT CORPUS CHRISTI - (361) 883-1716 RIO GRANDE VALLEY -(800) 881-0670 ANDREA FARMER 7/11/2013

61 (Pages 241 to 243) 241 243 1 CAUSE NO. 2012-65503 1 FURTHER CERTIFJCA TION UNDER RULE 20 2

2 KERI HILL and IN THE DISTRICT COURT 3 The original deposition was/was not returned to the 3 MICHELLE BARNEIT § 4 deposition officer on ~---;-:;;;c--:--~-;;c--,-----+ Plaintiffs § 5 If returned, the attached Changes and Signature page § 6 contains any changes and the reasons therefor; if VS. § 55TH JUDICIAL DISTRICT 7 returned, the original deposition was delivered to 5 § 8 MR. GREGG M. ROSENBERG, Custodial Attomey; HENRI MORRIS and SOLID 9 That$ is the~sition officer's charges 6 SOFTWARE SOLUTIONS, INC., § to the Defendant( s) for pre~'tig the original deposition d/b/a EDIBLE SOFTWARE § 10 7 Defe11dants § HARRIS COUNTY, TEXAS transcript and any copi!Dhibits; 11 8

12 That the depositio~ elivered in accordance with

REPORTER'S CERTIFICATE/FILING CERTIFICATE

13 Rule 203.3, and thl&ffco y of this certificate was 9 ORAL AND VIDEOTAPED DEPOSITION OF ANDREA FARM R 14 served on all part' , own herein and filed with the

JULY 11,2013

t~ 15 Clerk. ~Js.~~ 10 day of __ ___ + 16 Certified ~me this 17 2013. oif!j -- 11 I, MOLLY CARTER, Certified Shorthand Reporter in and 12 for The State of Texas, hereby certifY to the following:

i~ Q 13 That the witness, ANDREA FARMER, was duly sworn by 14 the officer and that the transcript ofthe oral 15 ^[0] ~ deposition is a trne record of the testimony given by the

20 21 if!!' 16 witness; MOLLY CARTER, CSR, RPR, CRR 17 That the deposition transcript was submitted on

CSRNO. 2613, Expires 12-31-13 22 ;Jjjj 18 --,----;---c-to the witness or to the attorney for the

U.S. LEGAL SUPPORT

19 witness for examination, signature and return to U.S. Firm No. 342 ~

20

Legal Support by -c;.,----;-;---;- 802 North Carancahua, Suite 2280 21 That the amount of time used by each party at the Corpus Christi, Texas 78401 22 deposition is as follows: 24 Telephone·. (361) 883-1716 23 MR.JEFFREYN.TODD: (00:00) Fax: (361) 888-6550 MR. GREGG M. ROSENBERG: (03:15) 24 25 25 MR.DANCOGDELL: (01:26) ~242

That pursuant to information given to the j~sition officer at the time said testimony was ta e~ following includes all parties of recor · ~ .

MR. JEFFREY N. TODD, Atto · Plaintif!{s) MR. GREGG M. ROSENBE 1omey for Defendants)

ey for Defcndant(s) I fm1her certify that I am n related to, nor employed by 'the parties or attomeys in the action ~fW~~ this proceedings was taken, and further that I~ot financially or otherwise interested in the outc~e of the action.

Further certifi~'ft~uircments pursuant to Rule 203 of TR~P i~ certified to afier they have OCCWTed. ~

Certifi y me this 22nd day of July 2013. ~

.·

~ . · · . CSR,RPR,CRR

CSR NO. 2613, Expires 12-31-13

U.S. LEGAL SUPPORT

Firm No. 342 802 North Carancabua, Suite 2280 Cotpus Christi, Texas 78401

*83 23 Telephone: (361) 883-1716 Fax: (361) 888-6550 24 25

U.S.

LEGAL SUPPORT

RIO GRANDE VALLEY -(800) 881-0670

CORPUS CHRISTI- (361) 883-1716 *84 case 4:12-cr-00255 Oooument 129 Filed in tXSD on 12/03/14 Pag!')1 of16 UNlTED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS

HOUSTON DIVISION * UNITED STATES OF AMERICA

§

: CRIMJNALNO.l2·2~

v. !QJ" § HENRI DESOlA MORRIS, §

~

o"'-(\J; Defendant. J:! " ts;• PLEAAGREEMENT Q~ The United States of America, by and through Kenn~f~gidsou, United States Attorney

~

foi the So1.tthem Di&trict of Te.xa.J;l, and Shetri £,, Zacl~ ~nz!ll;lne Eh!lilady, Assl;,tant United States Attorneys, and the defendant, Henri Morris fi;;,~ndant"), and Defendani!s C01lllSel, Dan Cogdell, pursuant to Itule U(c)(l).{A) of the F~ Rules of Criminal I'rocedme, state that they have enteredinto an agreement; the terms a~onditions .of which.are as follows:

lle~ant's Agre~ment

~· . . .

l. I)efeudant agrees top~ ~Icy to Count Five of the Snpersedl:ng Indietlllent. Cooot Five charges D.efendant. with~portation, in violatron ofTitle 18, United States Code, Section 242L Defendant. by ~ti;il.g this plea, agrees that he is waiving any.light tu have the facts that the law mJJ,kes i l s# the ptlllislnnent either charged in tl1e irulictnient, or proved to ajmy or proven beyond. ~enable doubt.

~~ Punishment Range 2. Tile statntnrvmaxitrJ.w:n penalty fot each violation of Title 18, United States Code, Section Z4:Zl' is hnpriSolll!lent of not :more than 10 Y<;ilf$ .and a .fine of not more than szsa .. ooo.oo. Addltiortally; :Detend!ll:lt 1nay receive ate= of supetlllsed release after iroprisolll!lent of at least ~ *85 years and up!;() Life. 8~e Title 18; United States Cild.e, s¢et\ons 3559{a) and 3583(1<:) .. Def¢ndant

case 4:12-cr..00255

Document

129 Filed in TXSD on 12/03/14 Page 2 of 16 acknow1edges and understands that if be shoUld violate the ca1]ditious ofa11y pel:tod of supeJ:Vl:Qed release which rtmy be i!l'lposed as part ofllis sentence, then Defendant may be impriso11ed for the entire term of supervised release; without :credit for time alrGac!Y served on the term: of supervised release prior to such violation. See Title 18, United Stated eode, sections 355~anc! 3583(e) and (k:). Oef\;11clant undwstand~ that h~;: cannot have the im:position or exeCJ''" of the sentence Otl~

o /f!JF

suspended, ru:rris he

eligible for parole. .. ~~- The defendant understands that under the Scg~ender Registration and 3. Notification Act, thedefenc!ant must register and keep suchinf~on current il1 the jurisdictions . . 0~ v,d\ere the· defendant resides,. is employed, and js a 'Stud~"he defendant further U11derstands

thlrt

the reqUirement tu k.1:ep the rej?;isttatioll C1ltreut inMs informing suchjl.!risdictions.not later ^[0] f@ • • than three (3) bush1ess days after any cheuge ~~~ef\;udl\nt's rmm:e, residence, employment ut student s!aius, 'The defendant understands ~~ilure to COlDJllY with thes!l obligations subjects

©!

the defendant to. pr.osecutloil. for failure t~gister under fec!era! law, specif!cally, Title 18, United ...... t~ Stste~;. Code, Sootio!l. 2250, as we~plicablll state statutes.

dt.'·-·-~--··

4. PursuantJ"~!li:< )8, United States Code; section 30i3(a)(2){A), iluutediately after ~@'' . . . . . . sentencing, De~ will pay to the Clerk nf' the, United States District Comi. a special

g

assessJ!leu~4W! amonutof oneJtwdred dollars ($1 00,00). per count of convictiO>I. The payment will be by cashier's check or money ord~, payable to the Clerk of the UniM Sta;t~s District Court, cflil Distth;,t Clerk's Office, P .0. Box '61 010, Houston, Teli..as 77208, Attention: Finance.

2

*86 Case 4:12-cr-00255 Document 129 Flied in TXSD on 12/03/14 Pqge ,1 t:lf 16 lmmigration Conse~uences 5, Defendant recognizes that pleading g;Ulty mll)l have co:n,sequepces with respect to his inuuigration status. if he is not a citizen ofthe Urtifed States. Defendant understands t11at if he i$ not a citizen of the United States, by pleading g;Ulty he/she may be remove4 ~ tbe United States, den~ed citizenship, and denied adnlission to the tJnlted Stl\tes in tb~. Defendant's attorney has advised Defendant of the potential 1mmigr(l.tion con"e,~·'C\::S tesulting frmn . . ~ . ..

. o 1!!} DefendMt's plea of guilty. Waiver.of Appeal and Collateral R.e~~

.

0@! .. .·· . lll~· 6. Defendan-t is aware th\it Tille 28, United S!a' ~~ode, sectior.t 12111, and Title 18, Umted States Code, section 3742, afford a defend~e .right tq appe\il the conviction and

..

. 0@@ sentence imposed. D,efundant is also aware that~· United States Code, secdon2255, allb:rds the right to em1test or "collaterally attac~onviction or sentence after the judgment of

~

conviction and BeJJtellCe has bee.ome :ffnru@efendMt knowingly and vol!l11tarilywa1vesthetight to appeal or "collaterally attack" ~vietion Md sentence, ex~t that DefendMt does ~ot Waive the dght to raise a cliiinui:f ineffective assistance of.counsel on dlrect appeiil, if otherwise

. ·nJ~ peJ:J:n.ltted, or on co!latet~~ in a motion Md~r Title 28, United States Code, sec,tlon 2255. In the eve!'lt Defend¥~ a notice of appeal following the imposillon ofthe seniellOe or later ooilatet!lllY atta~q:,Ollvictil:)n or sentence; the United" States vvil! asse1t its ri(lhts under this

" ~ . ' agreement ~ek specific performance ofthese waivers. 7; In agreeing to these waivers, Defendant is aware that a sentenc~ has not Yt:t been

detetlnined

by thl! Court. Defendant. is also aware that any esthnate of the possible sentencing

range !l11der the sentenclng

guidelines that he may have received fru1n hl$ co1msel, ilie United

3

*87 case4:12-CF·OQ255 Document.12.Q Hied In TXSD on

:);2103/14

Page 4 of .16 Stat~s or the Probation Office, is a prediction ru1d not a promise, didnnt induce hls guilty plea, and is not binding on the United Sta,tes, the Pre hatton Office Dr the Court. 'The United States does not

make any

J?rmnise or representation cohcerning what sentel'lee the defendant will receive, Defe11dant further understands and agree11 that the Ullifed States SentMcin~delines are "effec:t1vely advisory'; to the Courl See United State$ v: Boaker, 5d-S. 220 {2005). AccordinglY, D~endant u:nderstands Umt, although the CCJurt mu§thsult the Sentencing

~'

. . Guidelines and must tllke them into account whM sentencing Dl:lfen~ the Court is not bound to fqllow the Sentencing Gnidelinesnor sentm1ce DefendantWitl'fil;t~ calculated guideline range.

0·~

. .Del:l:ndant understand~ and !\grees that ea~;~1d all waivers contained in the 8, (!jj Agreement are nJAde in e)l:ehange for the eoncession<Q;ade 'by !he United States in this plea ?~ .. . ~ agreement.. Tb.e UHited~~s' Agreements

.

Q

9..

The United States agrees to e"""" ufthe following: !;; (J;'zy (a) . . I~De~dantplea.ddssa-. ~ toCo;m. tFive.o~thesupe.rsed .. ingindictm?n.tapd persists m that plea tJJrQ' ;;enteru:mg, and if the Court accepts thls plea

.

agreem,ent, the United .sl;gtes will move to dismiss any remaining eouots of the

superseding

indie0~lb.et'ime o;f$etl.tenclng; .

~ment Binding· Soutber11 Dlstrict of Texas Only tv. 'Th~ed States agrees that itwlll net further erimimuly prosceute Defendant in the

©

Southern ~~t of Tel!:aS. for offenses arising from eond.Uei chat:ged in the superseding indictment t'hls plea agreement binds. amy the United St1!tes Attofney'.s Offic6 for the S!lnfuern District of Texas and. Defendant.. lt does not bind .any ofuer Iimted States: Attmney. Tlie United

4

*88 Case 4.:12-cr-00255 Documant 129 Fifed 1n TXSD on 12103/14 Pag.e 5 of 16 States wil! bring this plea agreement and the full cxtentofDefendaot's cooperation to the attention

of other prosecntiJlg offiees,

if requested.

United States' NM" Waiver of Appear 11. The Uni$1 States reserves the right~ carry out its responsibilities~ guidelines

a.(@

sentencing. Specifically, the United States reserves the right; to bring its version of the facta of this case, im::Luqln:g lm~ence file and

(a)

miY investigative me;s, to the attention of the Probation Offi~i'onooction With

"{!? 1hat office's preparation of a preseiJi:encereport; te set forth ot dispute sentencing. factors or fact~rlal to sentencing;

(b)

. 0~ to seek resolution !lf such factors or facts}~nfereuce with Defendant's (c) !(JWV counsel nnd the Prob.ation Office;. {d) .. ·· to ill.e apleadlngrelating.to these" is,~ in seco . .rd .. nncewith.· section 6AL2. of the UJJited States SentenCing Guid~ · nnd Title 18. Utlited St<ttes Code,

(JJ

e~ction 3553(a); nnd to appeal the sentence impo~r the mmmer in whlth it was determined .. (e} CW. ~ce Determination 12. Def..,ndnnt is a were ~e sent\'lilce will be itnposed after consideration of the United States Sertt{<ncing Gnidelln~ Policy· StatementS, which are oniy advisory, as well as the provisions of Title ~Qnited States Code. i>f!CJ;iort 3553(a). Defendnnt nonetheless ^[0] <[({jj . . . . . ack:no. wledges ~~.· si:hat. · theCoWt bas attthodty to. in\pose any s~uce up to.au .. ·d ... including. th.e statutory ~um set for the offense(s) t~ which Defendnnt pleads guilty, and that the semtence t~~ inlpo~ed is within the sole (j.isc~tiov t4f the sentencing jnd!eaftet the Court has consulted the applicable Sentencing Guidelines. Defendnnt Ul'lderstnnds nnd agrees that. the parties: positi!lnS regwding the appllentron ofthe S~:ntencing Guidelines do n0 t bind the Court and *89 that the sentence imposed is within the discretion of the seutenci11gjudge. lf the Court should

5

Case 4:12•cr,Q0265 Document 129 Flied 1n TXSD an12/Q:3/14 Page£ of Hl impose any se!)cl!;lnce up tQ the maxhnum established: by stature~ or should the Court order any or all oftbe sentences imposed to nm consecutively, Defendant cannot, forthat reason alone, withdraw a

guilty plea, artd

wi11 remain bnlllid to fulfill all of the obligations uoder this plea agreement.

Rights 11.t Trial

~

13. D&fendant vnderstiltlds that by enterlng lntn this agreement, ~ders certain

o,

rigl).ts as provided jtJ, this plea agreement. Defendant underst.amis thil& '~ights of a defendiltlt ~· tncludethetbUowtng: lfDe(eudant persisted ln a plea ofnot gullty~e charges, defendant

(a)

w. onld have thedgh.tto. a speedyjury trial with the.· ass~ce of counsel. The tda .. 1 may he con\lucted by a judge sitting without ajuty ~fendant, the United States.

<f;Jqg} and the court, all aj;tee, A_t <1 trial, tl:e United Stares wouldo~equired to preSellt wi!Jles.s\l~ and

(h)

other evrde;nce agamst befendant..

D~t

would 'have the opportumty to oonfront. those witnesses and his aitom · uld be alloWed to cross·exarnine them, .. · ... Defend.·.ant could,. b. u. t would~ l .requ·. ired. to, .. pr.ese. · nt witncs$es .and .other · 111 turn, evidence Oti hls b:wo behalf, lf th~!Jlessell for Dllfen<iant would not appeat voluntarily, he could require th~i@l:tendiltlce through the subpoena power of th\l court; and ~if) (c) At a trial, Defend~uldrely on aprivileg\l against sel:(i-incriminati()l11l!ld decline to testify, arid ~nfutenoe of gullt could bl'l drawn from such refusal to testify, Hamver, lf~.tifumtdesired to do so, he could testify on hJs own bllhalt: .

~ . ~ U Fll.ctualBaSis for Guilty Plea 14. Defe~ pleading gullty hectiuse l1e is in :fact gllilty ofthc; \lharges «ontaiMd ln Cotm! Five oft~;ers.eding mdietment, If this c<® were t() nroceed to trial, the United States

if:;:"'Y'

. r . . could ptdv~ element of the offense beyond a reasonable doubt. Th.e following factS, among others would be offer~d to e$tab!ish Defendant':s ~;uilt;

On or about May &, 20J 1, llENlt! DESOI.A MOJmiS (MORRI~) tmv~led in interstat(; *90 case 4:12•cr-OOI!M Document 12-9 Rled in TXSD on :12.103/14 Page 7 of 16 violating Titlel8, United Stares Code., Section242 L In ihe process of attempting to coruroit the sexwl assault against this woman, MORRIS viola!t":d the law of New Jersey. Specifica:Jly, as to Count Five, MORRIS violated New J ~rsey Statutes Annotated 2.C;14-9(b), Invasion ofPrivacy.

Based on their Investigation, the FBI obtained a search warraJJ,t for MO~d his bel6ngin1?,!3 to be executed at tAHon February 27, 2012 when he was sched~ travel for ~ bu.slness.. ~ JJuting the ex~cution ofthewarrant, several itenl.sof eviden~~alue were fatmd. Three (?) fifty (5~) milliliter Jack Daniel's. bottles contamlng a clear 1~'9, wh!cli lt!b tested negative for controlled substances, were loc~ted In MORR!S' C!Uzy on~'1se. MORRIS, having heard a

~v

cpnvcrsatio11 be(Ween two agents about the fact '!hat

Jagtuiie!s

is not a clear liquid, stated

0~

som()fhiug to the effect q:f''..,, th~1-e could he a ~ly teasD!lab[e explanation forthat.'' MORRIS used the unknown liquid to dilute~ ~gs br; adr!rinistered to A. F. by adding it to the

Qj alcoholic dririks he sup. pHed to her. l@o z;0'Y Th(l search also ll!lCovered~ package.s containing pills. One package contaJned, within 'four ( 4) individual b1is~1ue diamond shaped tablets marked "VGR 50" or "VCR 5,i)" imprinted Q1H:ine side.. 1~lJJ.s appear to be the erectile. dy~functiou. drug sold co=erclally as Viagra. A four sii;~~blisttrpaek w1ili une mi.aslng tablet was found \>,rhich contained

0"'

. . . T:adalaflt This ~hysician's $ll11lple qfilie drug coruroercially known as Cialf&, another erectile dy~on drug.

In art unmarked prelictiption bottle, located In MORRIS' belonging,; put not contained In the coroJ;Xlitroentailzedpill. box he also po~sessed, were 5 pills. These pills were analyzed by the *91 Di:ug Enforcemci1t Administration. Two ofthe pills wete derermined tQ be Zoipidem which is

7

Case

4;12.-cr-002.55

Document 129 Flied in TXSc\ qn l2/03/14 Page 8 of 16 commercii1lly known as An1bien. One of the pills Wit'~ determined to be Oz1!Zepam, a benzodiazepine. 1:lw rernaioing two piUs were determined to be diphenhydramine; this drug is

comtnercially known as BenadryL l?BL S\lpervlsory Forensic Chemist/Forensic Toxi.cologist

Mate Lebeau, an ('>xpert in drug facilitated sexual assault, reviewed the facts of ~e and the to>._'icology res\llts and deterrriined the symptoms describe<! by the victim ar~stentwitb her being admioistel;ed the.se dmgs in combination with the ingestion of a!Qj)~

~ .· The Society nfFol'(;ns!c Tqxlcolpgill\s defines drug-facilih\~ assault (DFSA) as ''when a person is subjected to noncon~ensual seJ~ual a.Cts whjl~~ are incapacitated or

.

o@ U!lllOUSCiOUS due to the effect(s) of eJbartol, a drug and/or rntoltiCating SObstalllle atJd are therefore prevented from resisting and/or unable toilon<Qli, The Society of Forensic

o@@ Toxicologists further identH'y the followiug as t~ymptoms ofDFSA: drowSiness, dizziness, loss of muscle rroni:rol, slurred speech, decre~~bitions, memory )ems or impairment, Joss of

g

c~1Sciousness, and vomiting. The Sociei'W«>fForensiC Toltico1ogists compiled a Jist of drug!>, in t:J;%5 IV~ . . . . ·addition to ethanol, as known to hQ ~ associated witbDPSA. The drugs found on MORIUS at fAH ate on Jbat list ..

·~

A,F; was employ~ble SoftwatefroiJ1 May 2lllllbrotlgh August 2:01 1. Approzlmately one ~~ter heginnil1g lrir~Jd andpursU<mt to a work assignmeut she :had ~ . . . received from M~ ... S,A.F. traveled witliMORRJS to Philadelphia, Peunsylvan!a. Co!liinenh\l

g

Airlines co~d that MORIUS utilized his continental frequent flyer miles to purchase a ticket fot A.F, on tlnited.:t1igbt#3274, which departed from Houston ln.tetcontihental Airport, Houston,

Texas lo Philadelphia !nternational Airport, Phili!:delphia, Penru:ylvan!a on May 8, 2:011.

*92 C<lntinental Airlines also confirmed that MOR.Rr,':: traveled Oil May 8, 2:011 on Continent!1l

8

case

4:12·cr-002!55 Document 129 Filed

Jh TX$ D on 12/03114 Page. :9 of 16

Airlines flight l676 from Houston Intercontinental Airport, Housto11, Texas to

'Philadelphia

International Airport,

Philade\ph1a, Pennsylvania.

Upon arrival.in .Philadelphia, .MORRtS llJ1d A,J1, xnet up !llld checked into a Marriott hotel in close proximity to the airpott. 8 ~ The fo!lqwipgd;l.y MORRIS !llld A.F, met with two different olieuts~:Philadelphia metropolitan a:rcabefute traveling hi a rental ca:rta Newark, New Jerse~&on a:rrivalin Newar)c, MORRIS !llld A.F. checked hit() a Marl'iOtt hotel, in New~ew Jersey. MORRIS instructed A.F. to meet him inthetonclerge lounge attbe M•rt<!n~ A F. nlet MORRtS In the

..

. . . .

-::flJ~

C()Jlcierge lounge. MORRIS asked AF. if she wanted to w'1Hruier in Manhatt!lll and ifshe

!f@fv

wanted to see the city. MORRIS tol<J A.F. to1mve a"~ drink" and she agreedto bave a vodka . ~iS@ and soda MORRIS prepared a drink for A.F. ~le dn,ig~ed and prese.nted it.to AF. in a travel cup. AF. recalled the drrnk being ex1<1..gy strong. .

.

~. . After MORRIS prepm:t;ltf A,F .'s ~k and added crushed Aruhien pills to it, she and MORRIS departed the hotel in the ~em:;. A.F. stated after consllhling an unkrto.Wii amount .of the drink she began. fueling ''re~ reallY tipsy' While driving into Manhattan. AF. tiescribetl feeling ineJ<plleitly "very ~~ed'' when she and MORRIS arrived in Manl1attan. A.F. recalled parking on ~~et in Mailh!lttan, exiting the vehicle, and wa11drtg into a train station that lmd murals on th~g, MORRIS stood behind A.F. and. had his hands on her shoulders while

. g

he talked ~ont the muta\s. A.F. and MORRIS walked to a rootaufunt tt;eat dirrner. A.F. lo$t her nierrtory after reca!linJIJtwlng their pleture. taken in the restaurant.

The nex:t memory A.F. hp.d was !<wakening on )1er bed ln. her hotel room. A.F, was *93 completely naked and a pillow was covering tl1eside of her nwe. 'The eovers were pulled down case 4:1:2·cr.00255

Document

129 Filed ln TXSP Oi112/0S/14 Page 10 of 16 .arol.!!ldA.F. '~ankles. A.F. heard a''click'' sound acdobservedMORRlS standing over her

holding his oelhllartele])bone. MORRIS bad been taking pictures of her with bis cellular

tetepb.one, AF. never gave MORR1Spermfssion to photograph her nor did ~he c.onsent to the photographs being taken. These phot.os. were recovered.on a tbui11l;1 drive folll\~~Ol\RIS' possession duting ihe e=t~tion of the search atiAH. The dateltlme stam~ained in ihe EXIF data embedded in the .photographs oorresponds to the date of traW:~ the ti:n:ie A.F. believes the images were taken between approxiniate)y iam and 4~

A. F. r!'lcalled feeling very ''disoriented," "grog~;~y" and,~~ tir~d": A.F. stated she

<>~

' was very familiar with,. operating and navigating througlli~n a .Blackberry phone but was so disoriented and groggy s~ was 1mab)e to prqpetl;< in~ihe phone,

The following morning A.F: observed ~~1.wks on each ofber hips. AF. described the scratches as being :from the :front to the b~qorizontal, as viewed in a standing position].

g

A.F. further recalled having some bJ:ui~~n the back of her upper left arm. After meeting with clients ~ark, MORRJS and AF'. drove to n1eet with a client in Col.!!leoticut. At the qon:olusio~fthe meeting, MORRIS and A.F. dtoveto the Marriott hotel a!

·15)§

. LaGnardiaAirPort. Wb~n:g to LaGuardiaM01UUS told A.F. that he did nritwant her to feel awkward all.oitt~~ad occurred in the hotel room in Newark, that he di~ not want her to feel li.la) she should 1~r anOther job, that he wanted lwr to be part of (hey company for a long tinm,

g

m~d that sh~one a great job working wilh the client in Conneeticul MORRIS told A.F. that lie wanted A.P. to fuel comfortable ta travel with him agafu. MOR.R.IS told A.F. that be had never "do-ne anything.1ike this before:» MORRlS tald A.F. thm heWdl! ''lo!lely'' lind that .

10

*94 Case 4:12-cr -{1025!5 Document 129 Fned in TXSD on 12/03/14 Page 11.pf 16 After the search warrant was e1tecuted In )?ebruaey of 2012, th\lnib drives found in the Dc;fendanf's helongin1;1s \Vere searche.d.. This search revealed photograJlhS of A$ ... taken in New Jersi!y.. The photQgraphs taken in New Jersey dep(ct A .. F. on a bed. Then'} at~ body nude images with her face completely covered by a pillow .. There are images o.f A~eastsas we[[ as cloll!! up images of her vagina. Based on A. F .. id~fying the im~es +;parisG:ns on distinct .markings .o:nA.F .. it wasllroven that the images are in fact o.f A.F. T~hotographsare date llud tim.e stamped corresponding to the New 1\lrsey incident c!lar:e~ qe snperseding indictm~nt.

Records show that MORRIS and/or his company, ~e Software purchased or ~eemed miles to pay for the tra'\!elin interstate conllllerce lnc!uWairfate and rental cat fees,lt is clear

0~

based on .the information provided by the victitn;~atks found on A..F .. , the drugafound duriu~ the. searc;h, the photos formd during the searc~\J the bebavio:f of MORRIS, that MORRlS

©!

transported A .. F.ln interstate c01nmerce ,~ the intent to enga)5!l wlth him in a sexuaL activity for · which he could be charg~d with a~~. offense, specifically he took photographs of her expoll!!d intimate parts witho.u~onsent for which he did no\ have a license!privi.Iege to do so in violation ol'New Jersey 1~©

~ )tft~ ~ Breaclt of Plea Agreement ·

Q

. .

15. ~fendant should fail in llt!y way to fulfill completely all of .the obligations under this plea ?greement, the United Snttes will be released from 1t.s obligations :under the plea

.agreement, and Defendant's plea an.d sentence will stand. !f at any time Defendant retains,

*95 conceals, or disposes of assets in 'l!io)atiOil of this plea ll!)t®ntent, o1· 1f IXefendant knoWingly

11

c~se 4:12-cr-00255 Document 129 Filed 1n TXSD on 12/03114 Page 12 of 16 withllolds eVidence or is otherwise not GOrnpletely rruthful

with

the United .Stiii(\s, then thdJnited States 1nay move the Court to set aside fl:re guilty plea and reinstate proseeution. Alw infonnation

a.ttd

doeum,mts that have been disclQ!>ed by Defendant, whether prior to or subsequent to this plea s,greement,and ell leads derived therefrom, will be used agai!lst defendant in an~eeution.

Rutltution, Forfeiture, and Fines ~Generally a@ . 16. This Plea Agreerne!lt is being entered Into by the Urti~tes on the basis of

~.

Defendant's ellptess representation !bat he will make a full end ~·e disclosure of all assets over which lie exerciseS direct o.- indirect Pllltrdl, or in wl~~e has any financial interest.

.

o@ Deflmdant agrees ndt to dispose of arQ' assets Cit take llll~Oll tllat would e:f:fuct a lrausfer of property· in whteh he bas en interest, unless Defendan~alns the prior writtenpennisskm of the

~~

, ~

UtJ.lted States.

17. Defendant agrees to make co~ .financial disclosure by ti:uthfully executing a

g

swom financial statement (Fonn OBD-~ or similar fonn) within 14 dayS of signing this plea

.

dJ agreement. Defi;.ndant!tgrees to ~~e the release of ali financial informationtequested by the Uaited States, includii):g, qut n~tJ.lted to, exeeuting authorization .furms petrn!!ting the United Stutes to tlbtain tax inf~n, ·bank ii.coowit records, credit histcril;ls, snd social security tnfor;matioJJ:. Defen~·ees to discuss.and sn~wer eny questioJJS by the United States relating to Defendant'$ * e financial discloSl!Ie.

Qi· ill. ~~dent agrees to take all steps necessary to pass deill' title to forfeitable assets to the United States end to as&ist full)' .in the coUeetinu ofrestlmtiou and fhtes, including, but not limited to, snrrendering title, executing a wan:enty deed, signing .a. consent decree,. stipulating to *96 fii,cts .regardiJ1g the transfer oftitle and the biil$is tor the forfuiture, and sigttlng1llly<5thetdocuments

12

Ca.se4:12·cr-00255 Document 129 Filed ln TX.St:J on t2/03114 Page ~3 of l6

necessary to effectuate such tr:msfer. Pefeudant alSo agree& to

direct any hanks which have custody of his assets to de!lver all funds :md records of such assets to the United States.

19. Defend:mt undetst:mds thai fDrfeiture,restitutiou,. :md fines .are separate components .ofsenteucing llr)d lire separate obligations.

~

a@

.

R0$1itution ;w. Defendant·agrees tQ pay full restitution to the victim(s) te~ ofthe eount{s) of couvktioll., Defeud:mt understands and agrees that the Court. w_~etermine the Mloilnt of

,

restitution to. fully cqmpensate the victiro(s). Def~udllr)t agr~~t restitution in1posed by the

o@

Court will be due and payable immediately and that Defen, .~~will not .attempt to avoid or delay

·,

payment Subje.ct to, the pt()Vi$ltmlt above, befen~ai'\res the right to challenge In any

¢~

• manner, including by direct appeal or in a coll~t~beeeilii~g, the restitution order imposed by

~a the Court, g 0/~ Fine$ e, !£»'& 21. Pefend:mt Ul)(ierstan~nderthe Sentencing Guidelines the Court:l$ pem.lltted to order Defendant to pay a fine tl$ is .sufficient to relmhw:se the govel11t)jeot for the costs of llr)Y . ~. impris()mnent or term. of #sed ;release, if <m.y, Defendant agrees that any fine imposed by the Court will be dut;;-~ayahle :l:mn1ediately, and Defendant will not attemp. t to avoid or delay . .,

~~1' payment Subje~le provisions contained in the plea agreement, Defend:mt waives tbt; right

g

. td challeng~ne in any manner, including b;r direct appeal or in a :co1lateral proceeding. Complete Agreement 22. This written plea agreem\lnt, consisting ·Ofl6 pages, including the.attaehed addendum *97 ofD.efendant and his attorney, constitute~ the oComplete piea agreement b¢tween the U.nited Sta.tes, Cas€!.4:1z,cr-00255 Pocurnent129 Filed in TXSD on 12103/14 Pag€! 14 ofl6

Defendant, and Defendant's counsel. No pti1miseif or representations have been n:tade

by the . United States except as set for!)l in writing in this plea agreement. Defendant acknowledges that no threats have heenn:tade 1\gain&thlm and that he is pleading guilty freely and. voluntarily because

lu::is

guilty,

~

23. Any modification of thls plea agreement rnust be m writing an~d by !Ill parties. ~ J ~cv Filed at. f/0!1-Csh , Texas;. on J:::k~.--e...-~ cJF3 ,2()14. l > 2014.

By: *98 14 Case 4:1iN::r•D0255 Document :!.:?:9 Filed in TXSD on :!.2/03/14 Page 15 of16 * 'IJli!ITED STATES DISTRICT COURT SOUTIIERN DlSTRICT OF Tll;XAS

iff H.OUSTONDIVISION a UNITED STATES OF AMERICA § lJF

§

v. §- CRIMINALN~55SS : ~~ H.E:NRIDESOLA MORRIS, J)efendant, § ~ oifP rr; !(J ~ PLE:AAG~-AJlDENDUM lhave fully explained tv Defendant~er rights with respect to the pending indictment. I have reviewed the provisions of the~~~ States SentencingCom:m!ssiotl's Guidelines Manual and Policy Statements and f hav~ly and carefully explained to Defendant the provisions of those Guidelines Which t1111b~ in. this cas<.l> I have alsQ explained to Defendant that the Sentencing GuideHnes~nly advisory and the eoort may sentence Defendant LIP to the 11lm;imum. allowed ~Me _per count ofeonvict.ion. Further, I have carefully reviewed every p\lrt of this piea ~~<:mt With Defendant To my knowledge, Defendant's decision to enter into

-~~ . this agree~s an 1nfll\med and vo lunfllry one.

15

*99 Casl'l 4:12-ct-00255 Document 129 Filed in TXSD on 12/03/14 Page 16 oJ 16 ~ ;iv

(J

r have consulted with my attomey and fully nnderstand all mx ~s with respect to the

~"

. indictment pending against me, My attomey has ful)y explafu<;:d,~understand, all my rights with respect to the provisious of the United States Seniencing~missiun's Guidelines Manual

o@

which may apply in my case, I have read;md carefully rerd every partofthisplea agreement d this agre¢inent and I Qtarily agree to its terms. ¢~ (Y¥ur ~ eJ g

@! ~ ~ d» 0g ~ ""'i!!fj (fJ # ~~ *100 :; 16 l ji ' II

Jan.

*101 5. 2015 !1:24AM

No.0419

P. 2/4 No. 2013-74668 ANDREA FARMER § IN THE DISTRICT COURT OF § v § HARRIS COUNTY, TEXAS §

HENRI MORRIS and §

SOLID SOFTWARE SOLUTIONS, INC.

§ 215 1 " JUDI~ DISTRICT d/b/a EDIBLE SOFTWARE §

~(!Jjj u PLAINTIFF'S OBJECTIONS, ANSWERS ~ TO DEFENDANTS' REQUESTS FOR ADMI~S TO: Defendants, Henri Morris and Solid Software Solutio&J~~c. d/b/a Edible Software, by and through their attorney of record, Gregg M. R~'nberg, 3555 Timmons Lane, Suite 610, Houston, Texas 77027

o~ COMES NOW, Plaintiff ANDREA FARMER in~~ve styled and numbered cause of action, by and through her attorney of record and stat~a! pursuant to the Texas Rules of Civil Answers to Request Admissions are filed in this ca~

~ctfully submitted, ~E LA IRM OF ALTON C. TODD @; ~QJ ~·

U

By: """'=---1--1++------ odd ~ (»©5

Slate a

. · 0092000 312 S. Friendswood Drive Friendswood, Texas 77546

~ (281) 992-8633 0~ (281) 648-8633 Facsimile No. ~y ATTORNEYS FOR PLAINTIFF §:::©5 ~ *102 No. 0419 P. 3/4 Jan. 5. 2015 11:24AM CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was forwarded to the counsel listed below, via the method(s) indicated, on this the 5 1 " day of January, 2015: Gregg M. Rosenberg 3555 Timmons Lane, Suite 610 Houston, Texas 77027 Via Facsimile 713.621.6670 Efile or CM/ R *103 2 Jan. 5. 2015 11:24AM

No. 0419

P. 4/4 ANSWERS TO REQUEST FOR ADMISSlONS REOUESTFORADMISSIONNO.l: That any reference to "AF" in Count 5 on the Superseding Indictment relating to United States of America v. Henri be Sola Morris, In the United States Disuict Cou1t forthe Southtljjl_District of Texas, Houston Division, Criminal Action H-12-255SS, attached as Exhibit "A't,~reference to

a{/g) the Plaintiff, Andrea Farmer. RESPONSE: ~ {!;:rt;j ADMIT

o~ ;;? REOUESTFORADMISSlONN0.2: o/!J That any reference to "AF" in Pleas Agreement relating to~~ States of America v. Henri De

Sola Morris, In the United States District Court for the@ fJi·n District of Texas, Houston

Division, Criminal Action H-l2-255SS, attached as ~~bii "B", is a reference to the Plaintiff, Andrea Farmer.

~ (f Rli'.SFONSE: ~ @'» A))MIT REQUEST FOR ADMISSION NO~U That evety statement made by Pla~'iff Andrea Famler to Special Agent Glenn Gregory of the Federal Bureau ofinvestigatio@ 'flebruary 2, 2012 was tme and correct to the best of her

(j) . knowledge. ~ RESPONSE: o~ u

CANNOT

ADMI DENY

~ ~ *104 3 TABF *105 11161201511:32:02 AM Chris Daniel - District Clerk Harris County Envelope No: 3796052 By:SPENCER,JEANETTA

fmfsftl CAUSE NO. 2013-74668 I ANDREA FARMER § IN THE DISTRICT COURT OF Plaintiff, § § v. § ~SCOUNTY,TEXAS § * HENRI MORRIS and SOLID SOFTWARE § § SOLUTIONS, INC. d/b/a EDIBLE .~

.

§ SOFTWARE 215m JUDI~ulSTRICT Defendant. ~ ~ c §@ ORDER

A~

On this Zi 1 J.day of r;t"j , 2015, the Court hear~~ndants' Motion to Dismiss or oe© alternatively, Traditional Motion for Summary Judgi,~ After considering Defendants' l!>.,«?ij} Motion, and Plaintiffs response thereto, if any, thrs~ourt is of the opinion that Defendants' ;~ PEJill~J:). 0~ motion l!as ffierit mid should in 11H tllings~TED. It is tlttlf6furg, ORrnlRED, AIJJUDGED, and DECRBED that: ~ U

DefemlaHts' m9tiga is GRAN~q is futtlrer -fiRDERJ;~O, AI>JUDGED~IlCREBD tl1at Plail!tiff, ta!Ee aetlling by way of h<.'t'-

()i

elaim against Q~fepdants It ~'iffhgt:.

.

ORDERED, ~D, aBEl DECRillW tl!at all eosts ineuned by Defendants by- , TeaSeH ef tlig lawsuit waia e~)' Plaintiff. , c~'Q ~«:; ~NED on this 2'7 711- day of Fe.ti!ZMA a,Y , 2015. ~ p~ *106 1 -----------------,

RECORDER'S MEMORANDUM

Thm instrument Is of poor quality

at the lime of imagmg

NOTES

[0] (i»fi' 18 18 They have like bac]{ ways and underground, but you 19 '~ 19 have to have a key fob to get in and out of the zo:fl~ 20 underground areas. And I didn't have a key fob. So I 21 was kind of like lost in an underground maze. I was by ~= 22 myself. Nothing bad happened to me. <> ~:3 23 Trevor was with his family somewhere else, in ~ 24 Florida. This is taken out of context maybe. ..;,~ 24 Q. Well, my question to you is going to be the (( 5)' 25 25 ~238 240 1 easiest one I've asked you all day. @ I, ANDREA FARMER, have read the foregoing depositi01 1 2 and hereby affiX my signature that same is blle and 2 ~I{J A. Uh-huh. 3 com~ct, except as noted above. to do with 3 Q. Nothing in Exhibit 14 has an · 4 any complaints you have about --Q 4 5 5 A. No. ~ ANDREA FARMER 6 Q. --Henri Morris or Edi. oilware? 6 7 A.No. ~ 7 THE STATE OF TEXAS Q. Okay. I know.,-;~ a day that you would B 8 COUNTY OF : 9 rather have not go~mgh. I hope you understand that 9 Before me, , on this 10 Mr. Cogdell an~ a job to do. 10 day personally appeared ANDREA FARMER, known to me r 11 A. I do ~~ ~and tltat. 11 proved to me under oath or through ) 12 Q.~~ hat we were doing. I want to thank 12 (description of identity card or other document) to be 13 you on th - rd, because you were extremely comteous 13 the person whose name is subscdbed to the foregoing 14 and ve p:ful to us. 14 instrument and aclmowledged to me that they executed the 15 ~ROSENBERG: I pass the witness. 15 same for the purposes and consideration therein WITNESS: Thank you. 16 16 expressed. MR. COGDELL: You want anything? I'm donewi 17 17 Given under my hand and seal of office this __ 18 her. 18 day of 2013. MR. TODD: No, we'll reserve. 19 19 MR. COGDELL: Okay. 20 20 21 MR. ROSENBERG: That means we're done. 21