Document 596 Filed 02/12/10: Transcript of Proceedings Appearances
Document 596 Filed 02/12/10: Transcript of Proceedings Appearances
Document 596 Filed 02/12/10: Transcript of Proceedings Appearances
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FOR DEFENDANT: LAW OFFICES OF
20 VINCENT P. MC CARTHY
W. CHESTNUT HILL ROAD
21 LINCHFIELD, CT 06759
BY: VINCENT P. MC CARTHY
22 ATTORNEY AT LAW
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REPORTED BY: JAMES YEOMANS, CSR 4039, RPR
24 OFFICIAL REPORTER
7 NON-PARTY WITNESSES.
12 HONOR.
14 THE PLAINTIFFS.
17 THAT WERE FILED BY THE PASTORS. AND I'VE BRIEFLY REVIEWED THE
3 QUESTIONS.
5 WHAT AMONG THE 20,000 OR MORE DOCUMENTS THAT HAVE BEEN PRODUCED
8 PASTOR MC PHERSON.
20 PROTECTMARRIAGE.COM.
1 DID YOU RECEIVE THIS, DID YOU AUTHOR THIS, IS THAT YOU THAT
4 QUESTIONS?
7 STILL REVIEWING MAY YET REVEAL, BUT AS OF NOW, AND THE REASON
17 ADMISSIBILITY.
21 WALKER.
24 RESPECT TO TESTIMONY.
23 BUT HAD NEVER SEEN BEFORE, NEVER EVEN KNEW IT WAS BEING
1 ASKING YOU JUST NOT TO OBJECT. HE'S NOT EVEN ASKING YOU TO
3 OBJECT.
13 EIGHT DISKS, AND TOGETHER WITH THE SAME DOCUMENTS THAT WERE IN
16 THEM REVIEW THEM FOR AUTHENTICITY AND I SAID I WOULD GET BACK
22 AUTHENTICITY.
7 ONE, BECAUSE WE DON'T KNOW WHAT THE DOCUMENTS ARE. SO, YOU
9 IN QUESTION.
13 TO THAT QUITE YET. BECAUSE WE MAY NOT EVEN NEED TO GET TO THAT
14 QUESTION.
19 DOCUMENTS.
21 CONCEIVABLE BASIS?
5 THINGS THAT HAVE ALREADY NOT YET BEEN MADE PUBLIC THAT SOMEONE
6 MIGHT, BUT SINCE THE DOCUMENTS AND THE VIDEOS THEY GOT WERE IN
9 TRIAL.
13 DO THAT.
20 MAY NOT BE, WHAT YOU SAID WAS, THAT IF THESE TWO PASTORS WILL
22 THEY'RE AUTHENTIC, NOT AGREE THAT THEY'RE, YOU KNOW, AND GET
24 TALKING ABOUT?
1 JUST TAKE ONE PART DYNAMIC EXAMPLE OF WHAT WE'RE TALKING ABOUT.
8 NOT THE PEOPLE WHO CAN PROVIDE YOU THE STIPULATION YOU NEED.
18 TO THE ADMISSION --
17 ARE YOURS, YOU -- HE GOT THEM FROM SOMEONE ELSE, AND SO THEY'VE
23 STANDING.
25 DOCUMENT.
2 MAYBE GOOD JUDGMENT REASON FOR DOING IT. THEY MAY NOT WANT TO
4 OTHER PLANS THEY HAVE FOR THE CASE, BECAUSE THEY HAVE MORE
10 THAT SOMEHOW --
19 OR ON THE VIDEOTAPE?
23 VIDEOTAPE.
1 RIGHT?
5 WITNESSES, FROM THE PASTORS' POINT OF VIEW. YOU DON'T HAVE ANY
18 BY THE PROPONENTS.
20 ANYWAYS.
2 NOW, THINGS HAPPEN AND YOU MAY CHANGE YOUR MIND AND
21 WOULD.
1 WITNESSES, I GUESS --
4 VIDEOTAPE.
14 NOW THAT WE'VE HAD THIS DISCUSSION, YOU AGREE WITH ME THAT WITH
19 YOUR HONOR.
11 YOU'RE SAYING.
15 WHERE THAT COPY IS, THAT PERSON MAY NOT INTRODUCE IN EVIDENCE
16 AT TRIAL?
19 THE BALANCING TEST SET OUT BY THE NINTH CIRCUIT, THE NEED FOR
21 POTENTIAL HARM TO THE PASTOR AND ALL OTHER PASTORS WHO ARE
23 FUTURE.
5 WITH THE PASTORS HAS THESE DOCUMENTS AND THEY COME INTO COURT
6 WITH THESE DOCUMENTS AND THE PASTORS OBJECT, YOU CAN'T EXPOSE
8 SPEECH.
22 UNPUNISHED.
24 PROBLEM WITH YOUR ARGUMENT. PERRY WAS FACED WITH THE -- THE
21 OF THE SPAN OF THE FIRST AMENDMENT, WHAT I'M TALKING ABOUT HERE
2 IN THE CAMPAIGN?
20 DISCLOSURE AT TRIAL?
4 PLAINTIFF.
7 WHETHER YOU KNOW OR DON'T KNOW, YOU HAVE THE BURDEN OF PROVING
10 AS FAR AS THE RECORD SHOWS, THE RECORD SHOWS THAT THE DOCUMENTS
21 WHATEVER THEY THINK, YOU THINK THEY THEN CAN'T PUT IT INTO
22 EVIDENCE AT TRIAL?
24 YOU CAN WALK IN AND TRY TO CENSOR THE PLAINTIFF FROM PUTTING IN
25 AT TRIAL?
10 COURTROOM.
16 IF I'M WRONG, YOUR HONOR, THAT THE CLIENTS -- THAT THE -- WELL,
24 IT, AND I MAY GET IT RIGHT, IS THAT IF THEY DON'T HAVE ANY
1 INTO EVIDENCE, THEN AT THE PRESENT TIME THEY WOULDN'T SEE ANY
3 RIGHT.
12 PRIVILEGED COMMUNICATIONS?
16 RIGHT, SO.
18 ARE, AS THE PERRY CASE MAKES CLEAR, THERE ARE FIRST AMENDMENT
1 NOT THERE ARE ANY CASES WHICH HAVE EVER HELD THAT A PASTOR'S
22 HAS SAID.
25 INTRODUCE?
6 (PROCEEDINGS ADJOURNED.)
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