World Premiere - "The MurrayGate Tapes!" - Part II
41. Q: Thank you.
A: You're welcome.
42. Q: Now, I want to show you a copy of an e-mail that I received from your counsel. It's dated January 23, 2006, appears to have been transmitted to my office January 22nd at 9:02 p.m. You are aware of the contents of this e-mail, are you, sir?
A: Yes.
43. Q: And this e-mail sets out your position with respect to the request in the Notice of Cross-Examination to bring with you today and produce certain materials. You understand that, correct?
A: Correct.
44. Q: And do you adopt this position? It's accurate and sets out your position today?
A: Yes.
Mr. Trachtenberg: Okay. Let's mark the e-mail as the next Exhibit, please.
(Exhibit 2: E-mail from Mr. Niederhoffer to Mr. Trachtenberg dated January 23, 2006, transmitted January 22nd at 9:02 p.m. by Mr. Trachtenberg.)
45. Q: Do you want to have a look just at the e-mail? According to Exhibit 2, your position is that you will produce certain materials as requested in paragraphs 1 and 2 of the Notice, correct?
A: This is the one you just showed me a moment ago, is it not?
46. Q: It is.
A: Correct.
47. Okay. And your position today is that you will be producing certain materials related to paragraph 1 and 2 of the Notice of Cross-Examination, correct?
A: Correct.
48. Q:All right. And then it goes on to say that with regard to items 3, 4, 5, 6 and 7 of the Notice of Cross-Examination, no such materials exist. I just want some clarification from you. When it says no such materials exist, is it your testimony that no such materials, as requested in those paragraphs of the Notice, have ever existed or they simply don't exist as of today?
A: They don't exist, period.
49. Q: Well, let's see if we can be clearer. They don't exist, period, meaning they've never existed?
A: Okay. You're referring to 4, 5, 6 and 7?
50. Q: Three, 4, 5, 6 and 7 of the Notice that you're looking at in front of you. I'm asking you whether or not those materials, referred to in those paragraphs, to your knowledge, have ever existed at any time?
Mr. Niederhoffer: Murray, if I can object to this.
Mr. Trachtenberg: On what basis? It's a proper question.
Mr. Niederhoffer: I'm objecting because I don't believe it's a proper question. You are esentially accusing him of destroying materials at one point.
Mr. Trachtenberg: I haven't accused him of anything, Mr. Niederhoffer. The wording in your e-mail says no such materials existed. I simply said to him I want clarification. Are you saying they don't exist now or they never existed at all? I haven't accused anyone. It's a proper question.
Mr. Niederhoffer: Murray, the obvious implication of your question is that at one point they existed and they don't exist now.
By Mr. Trachtenberg:
51. Q: Do you refuse to answer the question on the advice of your counsel?
A: No, sir.
52. Q: No, you won't answer the question?
A: I'm saying I will answer the question.
53. Q: Then let's have an answer to the question. As far as you know, did the materials referred to in those paragraphs 3, 4, 5, 6 and 7 on the Notice of Cross-Examination ever exist?
A: To the best of my knowledge, no master list was ever created because when you sent defamation warning letters to Mr. Lionel Chartrand and Mr. Terry Belhumeur, all work on the project immediately ceased.
54. Q: I appreciate that. But you will appreciate as well that numbers 3, 4, 5, 6 and 7, have a look at them again, are more than just simply a reference to a master list. We'll deal with the master list if need be further in a moment. I'm asking you a broader question.. With regard to all of those paragraphs, did, any of those materials that are referred to ever exist?
A: To the best of my knowledge no.
55. Okay. Now, with regard to paragraph 1 of the Notice, you have indicated in Exhibit 2 that you are prepared to produce some materials. Do you want to show me what it is you are producing?
A: Mr. Niederhoffer -- Mr. Niederhoffer: I have the materials in aggregrate here.
By Mr. Trachtenberg
56. Q: This file folder consists fo whatever you are producing with respect to is it paragraphs 1 and 2 of the Notice of Cross-Examination?
A: It includes everything requested in the Notice of Cross-Examination.
57. Q: In paragraphs 1 and 2 of the Notice of Cross-Examination, correct?
A: Yes.
58. Q: Okay.
A: But it also includes the other paragraphs.
59. Q: Well, you've just told me a moment ago under oath, Mr. Pieuk, that under paragraphs 3, 4, 5 I believe it was 6 and 7, no materials have ever existed. So I don't understand your answer quite frankly.
A: Well, frankly, sir, I don't understand your question.
60. Q: Okay.
A: The question, as I understand it, is does or has a master list of names ever existed?
61. Q: That wasn't my question. You've already answered that. A moment ago, Mr. Niederhoffer handed me this file folder. He said this consisted, this stuff, an aggregrate that you're producing. I'm simply asking is what I have in this file folder your materials with respect to paragraphs 1 and 2 of the Notice of Cross-Examination?
A: To make it easy for you, Mr. Trachtenberg, I and 2 yes.
62. Q: Thank you.
A: You're welcome.
Mr. Trachtenberg: We'll take a two minute break. I'll make a photocopy of these and I'll return the originals to you
(Brief Recess)
By Mr. Trachtenberg:
63. Q: Mr. Pieuk, just to get the record clear, I'm going to show you two packages of various e-mails. They appear primarily to be from either you to Ms. Everton and Lionel Chartrand and/or from her back to you and/or Lionel Chartrand. Firstly, can you identify this smaller package as a series of e-mails that you have produced as part of your production in response to the Notice of Cross-Examination?
A: Okay. The one dated Wednesday, January 21, 2004, as you can see is from me to Vanessa Everton with a copy to Lionel Chartrand.
64. Q: I understand that. I'm asking you to take a look at the entire bundle, which I will have the Court Reporter staple in a moment. And I'm just asking you to confirm for the record that that's part of the documents that your counsel, Mr. Niederhoffer, has just produced in response to the Notice of Cross-Examination. Can you confirm that?
A: It appears to be the case, Mr. Trachtenberg.
Mr. Trachtenberg: Thank you. Can we mark that first bundle as the next Exhibit, please.
(Exhibit 3: Smaller Bundle Of E-mails)
By Mr. Trachtenberg:
65. Q: And similarly, Mr. Pieuk. I'm now showing you a larger bundle of various e-mails. And again, can you simply confirm for the record that this package is the other part of the documents being produced by you in response to the Notice of Cross-Examination?
A: Before I do, Mr. Trachtenberg, could I request a short recess?
66. Q: Absolutely.
A: Thank you.
(Brief Recess)
By Mr. Trachtenberg:
67. Q: Mr. Pieuk, just before the break, I was showing you a bundle of various e-mails and I just want you to confirm for the record that that's the other part of the materials that you are producing in response to the Notice of Cross-Examination this morning.
A: After a very cursory examination, Mr. Trachtenberg's statement appears to be correct.
Mr. Trachtenberg: Mark that as the next Exhibit, please.
(Exhibit 4: Larger Bundle Of E-mails)
By Mr. Tachtenberg:
68: Q: In the Notice of Motion that I referred you to at the start this morning, I read to you part of what is sought, and I'll read it again. Number 1:
"An order that Jeffrey J. Niederhoffer be granted permission to withdraw as solicitor of record for the defendants Terry Belhumeur and the person or persons using the e-mail address metis_mom@hotmail.com."
I think we can agree that Mr. Belhumeur subsequently filed some material and he's acting in this action right now on his own; is that correct?
A: That is my understanding.
69. Q: And so you understand the nature of the Motion that currently, Mr. Niederhoffer remains as solicitor of record for the person or persons using the metis_mom e-mail address. Do you understand that?
The Witness: Didn't you attempt to --
By Mr. Trachtenberg:
70. Q: I'm sorry, you are in the middle of a cross-examination.
A: Can I speak with my counsel in private?
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OY VEY! CA-CHING! CA-CHING! CA-CHING! Stay tuned for exciting Part III of " The MurrayGate Tapes!" coming soon to a website near you.
A: You're welcome.
42. Q: Now, I want to show you a copy of an e-mail that I received from your counsel. It's dated January 23, 2006, appears to have been transmitted to my office January 22nd at 9:02 p.m. You are aware of the contents of this e-mail, are you, sir?
A: Yes.
43. Q: And this e-mail sets out your position with respect to the request in the Notice of Cross-Examination to bring with you today and produce certain materials. You understand that, correct?
A: Correct.
44. Q: And do you adopt this position? It's accurate and sets out your position today?
A: Yes.
Mr. Trachtenberg: Okay. Let's mark the e-mail as the next Exhibit, please.
(Exhibit 2: E-mail from Mr. Niederhoffer to Mr. Trachtenberg dated January 23, 2006, transmitted January 22nd at 9:02 p.m. by Mr. Trachtenberg.)
45. Q: Do you want to have a look just at the e-mail? According to Exhibit 2, your position is that you will produce certain materials as requested in paragraphs 1 and 2 of the Notice, correct?
A: This is the one you just showed me a moment ago, is it not?
46. Q: It is.
A: Correct.
47. Okay. And your position today is that you will be producing certain materials related to paragraph 1 and 2 of the Notice of Cross-Examination, correct?
A: Correct.
48. Q:All right. And then it goes on to say that with regard to items 3, 4, 5, 6 and 7 of the Notice of Cross-Examination, no such materials exist. I just want some clarification from you. When it says no such materials exist, is it your testimony that no such materials, as requested in those paragraphs of the Notice, have ever existed or they simply don't exist as of today?
A: They don't exist, period.
49. Q: Well, let's see if we can be clearer. They don't exist, period, meaning they've never existed?
A: Okay. You're referring to 4, 5, 6 and 7?
50. Q: Three, 4, 5, 6 and 7 of the Notice that you're looking at in front of you. I'm asking you whether or not those materials, referred to in those paragraphs, to your knowledge, have ever existed at any time?
Mr. Niederhoffer: Murray, if I can object to this.
Mr. Trachtenberg: On what basis? It's a proper question.
Mr. Niederhoffer: I'm objecting because I don't believe it's a proper question. You are esentially accusing him of destroying materials at one point.
Mr. Trachtenberg: I haven't accused him of anything, Mr. Niederhoffer. The wording in your e-mail says no such materials existed. I simply said to him I want clarification. Are you saying they don't exist now or they never existed at all? I haven't accused anyone. It's a proper question.
Mr. Niederhoffer: Murray, the obvious implication of your question is that at one point they existed and they don't exist now.
By Mr. Trachtenberg:
51. Q: Do you refuse to answer the question on the advice of your counsel?
A: No, sir.
52. Q: No, you won't answer the question?
A: I'm saying I will answer the question.
53. Q: Then let's have an answer to the question. As far as you know, did the materials referred to in those paragraphs 3, 4, 5, 6 and 7 on the Notice of Cross-Examination ever exist?
A: To the best of my knowledge, no master list was ever created because when you sent defamation warning letters to Mr. Lionel Chartrand and Mr. Terry Belhumeur, all work on the project immediately ceased.
54. Q: I appreciate that. But you will appreciate as well that numbers 3, 4, 5, 6 and 7, have a look at them again, are more than just simply a reference to a master list. We'll deal with the master list if need be further in a moment. I'm asking you a broader question.. With regard to all of those paragraphs, did, any of those materials that are referred to ever exist?
A: To the best of my knowledge no.
55. Okay. Now, with regard to paragraph 1 of the Notice, you have indicated in Exhibit 2 that you are prepared to produce some materials. Do you want to show me what it is you are producing?
A: Mr. Niederhoffer -- Mr. Niederhoffer: I have the materials in aggregrate here.
By Mr. Trachtenberg
56. Q: This file folder consists fo whatever you are producing with respect to is it paragraphs 1 and 2 of the Notice of Cross-Examination?
A: It includes everything requested in the Notice of Cross-Examination.
57. Q: In paragraphs 1 and 2 of the Notice of Cross-Examination, correct?
A: Yes.
58. Q: Okay.
A: But it also includes the other paragraphs.
59. Q: Well, you've just told me a moment ago under oath, Mr. Pieuk, that under paragraphs 3, 4, 5 I believe it was 6 and 7, no materials have ever existed. So I don't understand your answer quite frankly.
A: Well, frankly, sir, I don't understand your question.
60. Q: Okay.
A: The question, as I understand it, is does or has a master list of names ever existed?
61. Q: That wasn't my question. You've already answered that. A moment ago, Mr. Niederhoffer handed me this file folder. He said this consisted, this stuff, an aggregrate that you're producing. I'm simply asking is what I have in this file folder your materials with respect to paragraphs 1 and 2 of the Notice of Cross-Examination?
A: To make it easy for you, Mr. Trachtenberg, I and 2 yes.
62. Q: Thank you.
A: You're welcome.
Mr. Trachtenberg: We'll take a two minute break. I'll make a photocopy of these and I'll return the originals to you
(Brief Recess)
By Mr. Trachtenberg:
63. Q: Mr. Pieuk, just to get the record clear, I'm going to show you two packages of various e-mails. They appear primarily to be from either you to Ms. Everton and Lionel Chartrand and/or from her back to you and/or Lionel Chartrand. Firstly, can you identify this smaller package as a series of e-mails that you have produced as part of your production in response to the Notice of Cross-Examination?
A: Okay. The one dated Wednesday, January 21, 2004, as you can see is from me to Vanessa Everton with a copy to Lionel Chartrand.
64. Q: I understand that. I'm asking you to take a look at the entire bundle, which I will have the Court Reporter staple in a moment. And I'm just asking you to confirm for the record that that's part of the documents that your counsel, Mr. Niederhoffer, has just produced in response to the Notice of Cross-Examination. Can you confirm that?
A: It appears to be the case, Mr. Trachtenberg.
Mr. Trachtenberg: Thank you. Can we mark that first bundle as the next Exhibit, please.
(Exhibit 3: Smaller Bundle Of E-mails)
By Mr. Trachtenberg:
65. Q: And similarly, Mr. Pieuk. I'm now showing you a larger bundle of various e-mails. And again, can you simply confirm for the record that this package is the other part of the documents being produced by you in response to the Notice of Cross-Examination?
A: Before I do, Mr. Trachtenberg, could I request a short recess?
66. Q: Absolutely.
A: Thank you.
(Brief Recess)
By Mr. Trachtenberg:
67. Q: Mr. Pieuk, just before the break, I was showing you a bundle of various e-mails and I just want you to confirm for the record that that's the other part of the materials that you are producing in response to the Notice of Cross-Examination this morning.
A: After a very cursory examination, Mr. Trachtenberg's statement appears to be correct.
Mr. Trachtenberg: Mark that as the next Exhibit, please.
(Exhibit 4: Larger Bundle Of E-mails)
By Mr. Tachtenberg:
68: Q: In the Notice of Motion that I referred you to at the start this morning, I read to you part of what is sought, and I'll read it again. Number 1:
"An order that Jeffrey J. Niederhoffer be granted permission to withdraw as solicitor of record for the defendants Terry Belhumeur and the person or persons using the e-mail address metis_mom@hotmail.com."
I think we can agree that Mr. Belhumeur subsequently filed some material and he's acting in this action right now on his own; is that correct?
A: That is my understanding.
69. Q: And so you understand the nature of the Motion that currently, Mr. Niederhoffer remains as solicitor of record for the person or persons using the metis_mom e-mail address. Do you understand that?
The Witness: Didn't you attempt to --
By Mr. Trachtenberg:
70. Q: I'm sorry, you are in the middle of a cross-examination.
A: Can I speak with my counsel in private?
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OY VEY! CA-CHING! CA-CHING! CA-CHING! Stay tuned for exciting Part III of " The MurrayGate Tapes!" coming soon to a website near you.
posted by Clare L. Pieuk at 7:09 PM
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