TRUMAN SIMONS STRANGE DEPOSITION

VIC FEAZELL,  TRUMAN SIMONS,  NED BUTLER,  and HOMER CAMPBELL (Forensics Dentist)  VS      BRIAN PARDO   and                                  JOHN   MCLEMORE

— Fredric Dannen <fdannen@csi.com>  is the sender of this email—-

> >  8      Q.  Do you recall having any conversations
> with
>  9  Nicoletti about his investigation into Tab
> Harper as a
> 10  potential suspect before the arrest of Muneer
> Deeb?
> 11      A.  I spoke with him, but I don’t remember
> exactly
> 12  what our conversation was other than he had
> checked out
> 13  Tab Harper and didn’t feel like he was a
> suspect.
> 14      Q.  Did you consider Nicoletti to be an
> extremely
> 15  effective investigator?
> 16      A.  Yes, sir, I did.
> 17      Q.  And if he had advised you that he had
> 18  eliminated him as a suspect, you wouldn’t have
> required
> 19  him to explain how he went about doing that?
> 20      A.  I wasn’t in a position to require him
> to do
> 21  anything; I was an investigator on the case.
> 22      Q.  Would he have cooperated with you in
> helping
> 23  you solve the Lake Waco murders if you had
> asked him
> 24  to?
> 25      A.  Yes, sir.
> 0286
>  1      Q.  But you didn’t get into the details as
> to how
>  2  he had eliminated Tab Harper as a suspect,
> correct?
>  3      A.  No, sir.
>  4      Q.  Is that correct?
>  5      A.  Yes, sir, that’s correct.
>  6      Q.  When did the relationship with Sherry
> start?
>  7      A.  Do what?
>  8      Q.  The relationship, the extramarital
>  9  relationship that you’re having?  Isn’t her
> name
> 10  Sherry?
> 11      A.  Okay.  Probably in November.
> 12      Q.  November of 2000?
> 13      A.  Yes, sir.
> 14      Q.  And is that when the actual affair
> started or
> 15  is that when you all first met or what
> significant date
> 16  is that?
> 17      A.  I met her about a year before that.
> 18      Q.  Okay.  And kind of generally take me
> as to
> 19  what happened between the two of you in the
> year period
> 20  of time from when you met until the
> relationship became
> 21  an affair?
> 22                MR. DEACONSON:  I’m going to
> object.  You
> 23  don’t have to answer that.  That’s wholly
> irrelevant.
> 24      Q.  (BY MR. DE DIEGO) Well, the reason I’m
> asking
> 25  is because you have claimed to have been
> mentally
> 0287
>  1  anguished as a result of the statements made by
> my
>  2  clients, and I think I’m entitled — and you’ve
> also
>  3  said that you were affected by the breakup or
> the
>  4  potential breakup with your wife, and I want to
> know
>  5  what involvement that has to do with the
> breakup with
>  6  your wife in relation to anything else that may
> have
>  7  happened as a result of my — my clients’
> allegedly
>  8  defamatory statements.
>  9                MR. DEACONSON:  Well, you asked
> him
> 10  what — when the alleged affair started.  He
> told you
> 11  that date.  Anything else before that has
> nothing to do
> 12  with anything and I think —
> 13                MR. DE DIEGO:  Well, the reason I
> ask —
> 14                MR. DEACONSON:  — I think that’s
> just
> 15  harassment —
> 16                MR. DE DIEGO:  No, it really
> isn’t —
> 17                MR. DEACONSON:  — and I’m going
> to tell
> 18  him he doesn’t have to answer.
> 19                MR. DE DIEGO:  — Mr. Deaconson,
> and let
> 20  me explain why.  The reason I wanted to know
> what was
> 21  the course of the affair is because it may have
> taken a
> 22  long time for it to become an affair, but
> during that
> 23  period of time it may have had an effect on Mr.
> Simons’
> 24  marriage before it actually became an affair
> that I
> 25  think I’m entitled to get into to see if that’s
> a
> 0288
>  1  potential cause of the stress or mental anguish
> that
>  2  Mr. Simons is claiming in this case.
>  3                MR. DEACONSON:  Well, you know —
>  4                THE WITNESS:  Can we talk a
> minute?
>  5                MR. DEACONSON:  Yeah.
>  6                THE WITNESS:  Can we go off the
> record a
>  7  second?
>  8                MR. DE DIEGO:  Yes, sir.
>  9                THE VIDEOGRAPHER:  We’re going
> off the
> 10  record at 1:27.
> 11                (Recess 1:27 to 1:32.)
> 12                THE VIDEOGRAPHER:  We’re on the
> record at
> 13  1:32.
> 14      Q.  (BY MR. DE DIEGO) My previous
> question, Mr.
> 15  Simons, was you mentioned you had started
> having your
> 16  dealings with Sherry — by the way, what’s her
> last
> 17  name?
> 18      A.  I’d just as soon not give her last
> name.
> 19      Q.  Okay.  You started having your
> dealings with
> 20  Sherry approximately a year before November of
> 2001
> 21  when you started having the affair with her?
> 22      A.  That’s correct.
> 23      Q.  And my question was:  Generally what
> 24  transpired between the two of you during that
> period of
> 25  time from about a year before sometime in
> November of
> 0289
>  1  1999 through November of 2000?
>  2      A.  Do you want me to start with how I
> first met
>  3  her?
>  4      Q.  Yeah, how you met her and what
> happened and
>  5  how the relationship became an affair.
>  6      A.  Okay.  I was investigating a murder
> case that
>  7  she had an interest in, and she came to my
> office and
>  8  asked me to not get involved in the
> investigation of
>  9  the case because she had read all the stuff
> about me in
> 10  the papers and on the Internet.  And I told her
> that I
> 11  was a captain at the Sheriff’s Office and that
> I was in
> 12  charge of all the criminal investigations and I
> was
> 13  already involved in the investigation of that
> murder
> 14  case and that I didn’t think that anything that
> had
> 15  been said in the paper would jeopardize the
> potential
> 16  prosecution of that case.  She also went to the
>
> 17  District Attorney’s Office and talked with them
> to try
> 18  to get them to keep me from being involved in
> the
> 19  investigation, and they told them that they
> didn’t have
> 20  any authority to do that.
> 21                And then we successfully resolved
> that
> 22  murder case as far as from the investigation
> 23  standpoint.  We arrested two people; we got a
> 24  confession from one.  And then her and her
> mother would
> 25  infrequently come in the office over the course
> of that
> 0290
>  1  next year inquiring about the case.  And I
> talked
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