Escolar Documentos
Profissional Documentos
Cultura Documentos
9 FINAL VERSION.
10
11
12
13 April 5, 2010
14
15
16 SUSAN BYSIEWICZ
17
18
19
20
21
24 (860) 549-1850
25
19 plaintiff.
3
1 I represent the republican party. And in the room
7 campaign.
9 the campaign --
16 last Thursday.
18 witness.
19
20 (Witness sworn.)
21
22 BY MR. GERSTEN:
23 Q Madam Secretary, have you had a chance to
6 A No.
9 your testimony?
10 A Yes.
13 referring to?
14 A A question with respect to the Ryan McKeen
24 get a chance you when you ask her questions. But I'm
1 BY MR. GERSTEN:
8 recall that?
9 A Yes.
12 A Yes.
18 political campaign?
23 Cole?
2 A I did not.
5 Blumenthal's campaign?
9 A No.
11 said you don't recall the exact time, as you sit here
22 law?
23 A Correct.
3 senate, correct?
6 a lawyer.
15
17
19 law school and past R passed the bar exam. That's the
25 A Absolutely.
8
1 Q Were you engaged in the active practice of
10
14 ma'am?
20 I correct?
21 A Yes.
22 Q And when you were employed at Robinson &
24 A Alvin Thompson.
2 official?
3 A Yes.
6 A Yes, sir.
8 A Yes, sir.
13 A No.
15 direct supervisor?
19 care unit.
22 A Yes.
10
2 Did you spend five days a week at the Aetna during your
3 entire time period?
7 A I believe so.
10 A I did.
20 legislature?
23 Aetna.
11
2 legislature?
6 describe how you spent your time during both years that
8 A I believe so.
11 A Generally speaking.
18 Aetna.
22 A Yes.
25 A My -- none.
12
1 Q Thank you.
14 A Uh-huh.
16 hospitals?
17 A No.
22 is that correct?
23 A Yes.
25 the Aetna similar to the one you took while you were
2 A No.
4 presume the Aetna was aware that you had become a state
7 was in session?
8 A Yes.
14 your recollection?
15 A Yes.
16 Q ?
24 that?
25 A Yes.
14
3 lawyers, correct?
4 A Yes.
6 A He is a prosecutor.
9 works.
15 correct?
16 A Yes.
18 A Yes.
22 attorney.
15
1 the individuals who participated in drafting a response
10 practice of law.
13 opinion?
20 attention.
23 A Yes.
24 Q Now you've identified Mr. Murphy. Can you
16
22 A Uh-huh.
24 e-mail?
25 A He sent it to my campaign.
17
6 a number of times and what I'm now going to ask you is:
8 with?
11 ones?
12 A My husband.
13 Q Anyone else?
14 A Richard Orr.
20 you?
23 A No.
25 A No.
4 you?
5 A No.
8 Q Thank you.
14 periodically.
16 exchange communications?
18 what's happening.
19 Q Okay. And when you use the word frequently,
20 what would you say that equates to? How many times a
21 week?
22 A Several.
19
2 times a week?
5 question.
6 BY MR. GERSTEN:
11 week?
14 it down.
23 A Mainly verbal.
25 talk?
20
1 A Perhaps a couple of times a week.
4 twice a week?
7 A I think it depends.
11 Q Month of March.
14 ma'am or more?
15 A About two.
17 sitting here, can you tell me how often you and Mr.
19 A Couple of times.
21 A Could be.
21
2 that.
3 A I said approximately.
4 BY MR. GERSTEN:
11 A Yes.
14 A We haven't.
17 A Yes.
22
8 A Correct.
10 apologize.
11
13
17
19
22 A Makerwicz.
24 Makerwicz met?
23
6 one who wrote the brief that you talked about the last
8 A Yes.
10 available?
15 A Yes.
16 Q ?
17 MR. GERSTEN: Can you make --
21 BY MR. GERSTEN:
24
1 of law, correct?
2 A Yes.
21 simple the not retired and I have not retired from the
23 campaign.
2 correct?
3 A Yes.
12 A Yes.
14 subject then?
16 retired.
23 A Yes.
26
6 and also our volunteer lawyer, Ted Dolittle did his own
10 terribly question.
14 candidacy or after?
15 A After.
20 A I don't remember.
27
1 A Telephone call.
2 Q And you're indicating that he had done some
5 A Yes.
11 attorney general?
14 them.
16 referring to.
22 A Yes.
28
11 history?
15 when you told the press that you've already -- you were
16 aware of the issue and you had done some research and
18 A Yes.
29
2 A Yes.
4 statute?
5 A Yes.
6 Q Who did you confer with?
7 A Bob Martino.
9 A It was in person.
11 A At his office.
22 A Yes.
24 time?
2 general.
4 A In 1990.
6 requirement?
8 general.
12 A I do.
14 wasn't she?
15 A She was.
18 attorney general?
22 Martino sat down that day and discussed the statute and
24 A Yes.
31
8 A Yes.
14 A Yes.
16 A Correct.
20 A Yes.
25 A Yes.
32
1 Q Is it your contention that the CEO of
7 that correct?
8 BY MR. GERSTEN:
16 A He could be.
22 practice of law.
33
1 law?
9 A This is a legal --
11 the question.
18 STENOMARK.
19 BY MR. GERSTEN:
25 contracts?
34
1 A Yes.
10 capacity as CEO?
12 the question.
14 BY MR. GERSTEN:
22 ire.
23
25
Brandon Smith Reporting
35
1 A I don't know.
2 BY MR. GERSTEN:
7 not certain?
11 practicing law.
36
8 you don't know what I'm talking about I'm just a dumb
9 lawyer here asking questions you got to be able to say
18 A Yes.
22 Travelers?
37
1 A He would be using his legal training, I
5 to that negotiation.
12 12:54.
13
15
38
2 correct.
9 BY MR. GERSTEN:
14 same anxious?
15 A Which answer.
17 graduated Duke?
18 A Law school.
25 A Yes.
39
8 A Yes.
11 client on?
12 A Yes.
15 A Yes.
20 A Correct.
24 away.
40
7 law?
8 A Maybe.
19 A Yes.
41
5 A Sure.
15 BY MR. GERSTEN:
25 bar.
1 Q Yes, ma'am?
2 A Yes.
8 correct?
10 bar?
11 Q Yes, ma'am.
20 fishing?
21 A Yes.
43
10 brief.
11 Q Okay. As you sit here today, are you able to
13 A No.
16 is correct?
20 BY MR. GERSTEN:
25 A Yes.
44
8 practice.
18 A We are relying on --
21 right?
22 A Yes.
45
1 Q Okay.
13 relying on?
19 you.
22 A I'm confused.
23 BY MR. GERSTEN:
46
9 membership?
13 going fishing.
16 correct?
23 or no?
1 BY MR. GERSTEN:
6 in this lawsuit?
9 one definition.
10 A We have multiple --
13 Please.
17 BY MR. GERSTEN:
22 A Yes.
48
2 A At which time?
14 attention?
17 it to your attention?
19 public --
21 after?
24 A Orally.
49
1 A He does.
3 A Joseph Lembo.
5 lawyers?
6 A No.
15 lawyers?
18 A In Meriden.
20 A Research parkway.
22 A B and L companies.
23 Q Mr. Orr's offices?
24 A Yes.
50
2 Meriden?
4 campaign.
8 A Makerwicz.
12 A Yes.
16 A Uh-huh.
17 Q Anyone else?
18 A Robert born.
21 immediately to mind.
51
2 A Could be.
9 recall that?
10 A Yes.
13 A Yes.
15 ma'am?
17 office.
19 you recall?
52
8 opinion.
9 Q Correct.
10 A After.
13 A No.
53
2 document.
5 BY MR. GERSTEN:
9 yourself?
10 A Yes.
12 that?
13 A Which date?
22 recollection.
54
1 MR. ZINN-ROWTHORN: I know about the
4 BY MR. GERSTEN:
6 about your past. Did you take any time off of work for
8 A Yes.
11 A Three.
14 how much time did you take off from employment for each
21 legislature.
22 Q When you say they were born while you were in
23 the legislature?
24 A Yes, sir.
55
10 A I don't remember.
15 A Yes.
17 constitutional challenge?
23 harassment.
56
9 A No.
12 constitutional argument?
14 need to be an attorney.
20 attorney general?
21 A Correct.
57
2 BY MR. GERSTEN:
4 me.
11 correct?
13 invalidate, yes.
58
2 A Correct.
9 A Yes.
12 A I will.
14 A Not yet.
18 A Yes.
22 can?
24 afternoon?
3 BY MR. GERSTEN:
11 it?
13 identification. Calendar.
14 BY MR. GERSTEN:
19 And I don't --
20 Q You don't recognize this document?
22 a while.
60
1 A Uh-huh.
4 A Uh-huh.
6 A Yep.
13 A It appears to be my calendar.
17 A Yes.
21 BY MR. GERSTEN:
61
1 town committee.
10 A Yes.
14 month myself.
20 some information?
21 A It does.
25 A May 14th.
62
2 5545?
3 A Yes.
9 A I would assume.
18 time?
63
7 December?
9 about that.
20 A Correct.
25 A It isn't.
1 Q Okay.
20 A Yes.
65
18 A This one?
20 document?
21 A Yes.
66
1 A Yes.
6 page 98. It's the last page. Do you see where I'm
8 A Yes.
12 A Yes.
18 morning.
19 Q Okay. So --
21 morning.
22 Q So this is wrong?
23 A I'm just curious as to why it doesn't say
67
2 error?
17 state.
18 Q As secretary of state?
19 A And I am a lawyer.
68
10 have as well.
20 voting equipment.
22 A Yes.
24 years?
25 A Uh-huh.
Brandon Smith Reporting
69
3 committee?
6 of the year.
9 those.
23 the Help America Vote Act and at the state level and an
70
1 policy, correct?
2 A Yes.
7 is that correct?
8 A When I am advocating for changes to the law,
9 yes.
20 federal level.
24 A Absolutely.
3 A Absolutely.
6 bar?
7 A Yes.
11 A Yes.
13 bar?
18 A I don't. No.
23 law, correct?
24 A No.
72
3 A Correct.
6 A Correct.
22 ma'am?
23 A Yes.
73
7 26th as well.
10 democrats?
12 charge of committees.
20 mayors.
23 A Yes.
74
1 A Yes.
5 minutes?
6 A Yes.
8 representative Merrill?
11 A Yes.
12 Q Right?
13 A Yes.
17 law, correct?
22 I asked you?
75
5 A Yes.
6 Q And I see meetings with Maria Tanya and
7 Babette?
8 A Uh-huh.
10 A Yes.
13 practice of law?
3 office.
15 calendar.
18 telephone calls?
77
7 A That's right.
9 refer us to?
10 A I mentioned the last time we met the log
17 attorneys.
21 A I don't recall.
78
1 notes on particular conversations that we have with
11 A Yes.
16 that?
19 the answer which was given under oath from my copy even
21 response?
22 A I must have.
25 A Correct.
79
12 Q Okay.
21 your week, can you identify the time that you can that
80
4 budget.
5 Q I'm looking at that it looks like it took 30
6 minutes?
7 A Yes.
9 A Yes.
15 appointments.
18 here?
24 right?
25 A Correct.
Brandon Smith Reporting
81
3 A No.
8 private activities.
10 public calendar?
11 A Right.
14 correct?
19 Q Okay.
22 example.
82
3 A Okay. I did.
7 general, correct?
8 A Correct.
9 Q Is there a reason why you have no
15 Q Okay.
20
23
24 BY MR. GERSTEN:
83
1 coming from your calendar at the secretary of state?
2 A Yes.
4 BY MR. GERSTEN:
11
13
14 BY MR. GERSTEN:
16 2:31?
17 BY MR. GERSTEN:
25
84
3 2010.
4 BY MR. GERSTEN:
8 A Yes.
11 A Yes.
14 well?
19 herself?
22 herself?
85
2 you and headed off to Mara and you in turn thought Mara
3 head I had it off to Bromley you've never seen any
6 to do that.
10 A I don't remember.
12 herself?
18 discussed it.
24 it.
86
3 deputy?
6 A Dan Krisch.
19 that?
20 A Yes.
87
2 thorn yourself?
3 A No.
15 BY MR. GERSTEN:
21 Krisch.
24 A Yes.
7 correct?
9 Q It would be correct?
10 A Correct.
14 secretary of state?
18 deposition.
19 BY MR. GERSTEN:
22 any authority --
23 A I don't.
89
1 A Sorry.
5 secretary of state?
6 A I don't.
90
11 day?
12 A Correct.
21 presidential election.
91
13 information on it.
19 investigation on that.
25 A Yes.
92
3 would be more --
5 said --
6 MR. GERSTEN: You're right. Bad
7 question.
8 BY MR. GERSTEN:
13 2002?
14 A Yes.
16 147, ma'am.
17 A Yes.
20 A Yes.
22 strike that.
12 A Correct.
16 hearing.
17 Q Okay.
20 supporting.
23 practicing law?
94
6 calendar that --
12 Q Okay.
13 A Sorry.
21 A It does.
95
1 that week that you spent practicing law, if I add up
2 everything correctly?
4 could have been doing and -- I'm sorry can you restate
12 correct?
13 A Yes.
96
4 semiprivate?
19 was not on it, I believe Mr. Harris was the mayor and I
20 met with him to ask him include his town and to get his
24 legislation.
97
6 2002, correct?
7 A Yes.
13 of law?
16 registration.
20 A The 4th.
21 Q Yes.
98
10 elections committee.
12 A Yes.
15 deputy.
17 deputy?
18 A Yes.
20 that's considered by --
99
11 A Or legislative policy.
16 documents?
17 A Yes.
100
1 Q And generally speaking, when would that be?
6 morning.
13 A No.
16 basis, correct?
17 A No.
20 week?
21 A I do.
22 Q Great. During the week of March 10th, ma'am,
25 of law?
101
1 A Yes.
7 well.
102
1 correct?
5 necessary.
15 go ahead.
16 BY MR. GERSTEN:
17 Q Madam Secretary?
19 either committee.
24 A Yes.
103
2 A Yes.
4 you speaking that day on March 11th for looks like four
14 identified yourself?
18 A He certainly did.
20 you, correct?
21 A Yes.
23 weren't lawyers?
24 A Yes.
104
3 A Correct.
12 public official?
13 A Yes.
16 A Yes.
20 A Yes.
23 times but --
7 election system.
15 A Yes.
106
1 not until 2004, 2005 that all of the towns became part
16 rights law.
19 A Yes.
107
1 with him giving the prayer at the beginning of the
2 session?
7 April 6th and have this -- starts at 206 and have this
8 marked as an exhibit.
12 2003.
13 BY MR. GERSTEN:
16 us?
17 A Yes.
22 law?
108
2 issues.
5 Q Okay.
11 sure of the time frame but that could have been about
12 that.
25 Q Okay?
109
4 A Yes.
5 Q So that's everything this week. What about
19 A That's right.
22 week?
6 you're a lawyer?
7 A No.
10 A Correct.
14 practicing law?
20 law.
111
1 America Vote Act and federal civil rights law and the
3 we were in compliance.
12 A Yes.
112
1 Q Thank you. That's why I wanted to make sure
20 week?
113
16 Vote Act.
17 And.
114
1 right?
15 included --
19 A No.
20 Q Okay?
115
6 calendar, right?
7 A Yes.
9 Kelly?
11 Kelly.
13 lawyer meetings?
15 personal meeting.
23 fundraising.
116
7 BY MR. GERSTEN:
8 Q Well, I'm looking at a calendar April 27th,
14 Would I be correct?
15 A Yes.
19 A It depends.
24 time.
2 A Yes.
4 that campaign?
5 A I do.
7 the middle of the day for the campaign that you've been
9 A It depends.
11 A The day.
15 29th.
18 testimony?
19 A Yes.
23 year.
25 BY MR. GERSTEN:
118
2 A Yes.
10 definition?
13 fundraising.
15 that?
16 A Yes.
18 off, correct?
19 A Yes.
20 Q Personal day?
21 A Yes.
24 right?
25 A Yes.
119
4 A I could have.
6 mind?
7 A No.
11 A I'm not.
15 A I don't know.
23 A .
120
2 me.
3 A I don't remember.
4 BY MR. GERSTEN:
9 A No.
20 A No.
22 it?
25 necessary?
121
1 A It depends.
3 Secretary?
10 correct?
11 A Uh-huh.
17 don't remember or you don't have any idea how much time
18 you take?
19 A I don't remember.
24 of that time.
8 A Yes.
9 BY MR. GERSTEN:
11 record?
12 A My fundraising staff.
14 fundraising staff?
15 A Omar Alam.
19 such a day?
20 A Yes.
23 A Yes.
123
1 A Yes.
8 A Yes.
12 A No.
16 A No.
19 A Yes.
22 sorry.
24 BY MR. GERSTEN:
124
1 to the calendars you've produced here, would we be able
3 people?
4 A No.
7 stamp everything.
11 marked?
14 by the way.
15
19 3:32.
20
22
125
22 dialogue.
126
4
5 THE VIDEOGRAPHER: Beginning of tape
11 stipulation.
13 BY MR. GERSTEN:
16 A Yes.
127
3 see what the topic was but if it was about the Help
19 Maria?
21 Maria between 1:00 and 2:00 about the Help America Vote
128
11 A Yes.
13 week that you claim support your position that you are
129
1 well.
4 A Me neither.
6 A No. Sorry.
18 primaries.
21 to?
22 A They have a lot of primary issues and every
130
1 Q Okay.
7 of federal funds.
15 not sure what the topic was, but it could have been
21 legislative advocacy.
25 practice of law?
131
10 Ms. Surge on and Ms. Alvis and that was -- there was a
24 Q Okay.
132
11 responsibilities of a constituent.
23 law, correct?
24 A Yes.
133
2 constituent?
3 A Yes.
9 law.
15 her, please?
16
18
19 A Yes.
20 BY MR. GERSTEN:
24 law?
2 A Yes.
9 them.
14 there?
25 A No.
135
5 them?
15 A Uh-huh.
20 A Yes.
24 participated in drafting?
136
3 drafting.
6 BY MR. GERSTEN:
8 them?
9 A No.
15 state?
22
137
1 BY MR. GERSTEN:
5 number 385?
24 practice of law?
138
19 A Yes.
22 noted here?
23 A Yes.
5 disabilities.
9 A No.
12 secretary of state?
14 the state.
18 A Yes.
19 Q Ma'am I'm going to interrupt you for a minute
140
5 18th.
8 A No.
141
1 from 11:00 to 11:30 about visited with Meriden record
5 that we had chosen for our state. And then the town
142
1 A Yes.
4 tell us --
143
18 is yes.
24 A Months --
144
1 at, correct?
8 A Yep.
11 right?
16 staff attorneys?
22 is an attorney.
25 secretary of state?
145
3 meeting with Leslie, Dan and Lucian Pavlak, who was the
10 A What is it?
13 elections?
146
1 A Well, running -- I would say compliance with
20 the Help America Vote Act by making sure that there are
147
2 Q Oh, it does?
3 A Yes.
6 practice of law?
10 practice of law.
24 would be.
148
4 BY MR. GERSTEN:
5 Q Ma'am?
6 A Yes.
10 BY MR. GERSTEN:
14 ma'am?
15
18 BY MR. GERSTEN:
149
21 A I did not.
150
3 Q Okay. So this is --
10 assembly.
18 often the case during the fall, that was the practice
19 of law.
25 point to.
2 you wrote?
19 don't know?
20 A I don't remember. I can tell you this: We
152
14 it is.
19 practicing law?
20 A No.
153
1 Q Is it correct, ma'am, that many times you
3 you cannot give them the legal advice they seek and
7 last question?
10
11 BY MR. GERSTEN:
154
10 Okay. STENOMARK.
11 BY MR. GERSTEN:
16 A Not everyone.
25 A Yes.
155
6 A Okay.
16 Congress?
21 regarding --
1 A No.
2 BY MR. GERSTEN:
9 correct?
10 A Correct.
12 us that you want to say support your claim that you are
157
1 along to --
6 BY MR. GERSTEN:
10 A I do.
19 day what --
23 A He has.
158
1 THE WITNESS: I'm sorry, what was --
3 interrupted.
21 representative.
24 A Correct.
159
2 you?
3 A No.
16 things that I --
17 Q Okay.
23 A It is.
25 of then?
160
3 for you and then we can try to figure out what we're
4 going to do. This one I'm going to introduce the two
5 together as being --
10
13 2010.
16 BY MR. GERSTEN:
19 A Yes.
21 A Yes.
22
24
161
2 A Yes.
7 of?
8 A Yes.
13 Q Take a moment?
15 minute.
22 is 89.
162
9 that?
11 campaign.
4 personally?
6 Q Okay?
7 A Engagements.
12 Q Page 5 67?
15 one we received.
16 A Okay.
25 A Yes.
164
5 A No.
13 legal counsel?
15 Bromley.
19 correct?
20 A No.
23 question.
24 Q Okay.
165
5 If this.
7 start, Wes.
16 morning.
19 BY MR. GERSTEN:
166
1 practice of law?
4 reporter?
19 don't care if you go back and ask her or not but we've
167
12 5:22.
13
15
16
17
18
19
20
21
22
23
24
25