O Quinn Depo

Case 0:07-cv-60534-WPD Document 41 Entered on FLSD Docket 08/20/2007 Page 1 of 207

Page 1
IN THE UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

HOWARD K. STERN,

Plaintiff,

CIVIL ACTION FILE

vs. NO. 07-60534

JOHN O'QUINN,

Defendant.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~

VIDEOTAPED DEPOSITION OF

JOHN O'QUINN

August 16, 2007

9:10 A.M.

2300 Lyric Centre Building

440 Louisiana

Houston, Texas

Lee Ann Barnes, CCR, RPR


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1 APPEARANCES OF COUNSEL

2

3 On behalf of the Plaintiff:

4 LIN L. WOOD, ESQUIRE

5 LUKE LANTTA, ESQUIRE

6 Powell Goldstein, LLP

7 One Atlantic Center

8 Fourteenth Floor

9 1201 West Peachtree Street, NW

10 Atlanta, Georgia 30309-3488

11 404-572-6982

12 404-572-6999 (facsimile)

13 llwood@pogolaw.com

14

15 M. KRISTA BARTH, ATTORNEY AT LAW

16 Law Offices of Eric M. Sauerberg, P.A.

17 200 Village Square Crossing

18 Suite 102

19 Palm Beach Gardens, Florida 33410

20 561-776-0330

21 561-776-0302 (facsimile)

22 krista@emsattorneys.com

23

24

25


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1 APPEARANCES (Continued)

2

3 On behalf of the Defendant:

4 ROBERT M. KLEIN, ESQUIRE

5 Stephens Lynn Klein LaCava

6 Hoffman & Puya, P.A.

7 Two Datran Center - Ph II

8 9130 South Dadeland Boulevard

9 Miami, Florida 33156

10 305-670-3700

11 305-670-8592 (facsimile)

12 klein@stephenslynn.com

13

14 NEIL C. McCABE, ESQUIRE

15 The O'Quinn Law Firm

16 2300 Lyric Centre Building

17 440 Louisiana

18 Houston, Texas

19 713-223-1000

20 713-222-6903 (facsimile)

21

22

23 Also Present: Keith Neal, Videographer

24

25


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1 Videotaped Deposition of John O'Quinn

2 August 16, 2007

3

4 VIDEOGRAPHER: The time is

5 approximately 9:10. We're on the video

6 record. Today's date is August 16, 2007.

7 This deposition is taking place in the

8 offices of The O'Quinn Law Firm, 440

9 Louisiana, Houston, Texas 77002. Today's

10 deponent will be John O'Quinn.

11 Would counsel please identify

12 themselves for the video record, starting

13 with Mr. Wood.

14 MR. WOOD: Lin Wood representing the

15 plaintiff, Howard K. Stern.

16 MR. LANTTA: Luke Lantta

17 representing the plaintiff, Howard K.

18 Stern.

19 MS. BARTH: M. Krista Barth,

20 representing the plaintiff, Howard K.

21 Stern.

22 MR. KLEIN: Rob Klein, Stephens,

23 Lynn, Klein, et al., Miami, Florida

24 representing the defendant, John O'Quinn.

25 SKWRAO: Neil McCabe from The


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1 O'Quinn Law Firm representing

2 Mr. O'Quinn.

3 VIDEOGRAPHER: Thank you very much.

4 The court reporter will now swear in the

5 witness.

6 (Whereupon, the witness was sworn.)

7 (Plaintiff's Exhibit-1 was marked

8 for identification.)

9 MR. WOOD: This will be the

10 deposition of John O'Quinn, defendant and

11 opposite party. The deposition is taken

12 pursuant to agreement and notice as

13 amended which I am attaching for the

14 record as Exhibit No. 1.

15 The deposition is taken for all

16 permissible purposes under the Federal

17 Rules of Civil Procedure. All

18 formalities surrounding the taking of the

19 deposition will be waived. All

20 objections except as to the form of the

21 question or the responsiveness of the

22 answer will be reserved until the time of

23 trial, hearing, or the formal use of the

24 deposition.

25 Are those stipulations agreeable for


Page 6
1 counsel for the defendant?

2 MR. KLEIN: They are.

3 MR. WOOD: And we would like for

4 Mr. O'Quinn to read and sign and would

5 agree that that can be undertaken before

6 any notary public subject to the

7 reporter's transmittal procedures.

8 MR. KLEIN: That's fine.

9 MR. WOOD: Good to go?

10 MR. KLEIN: Good to go.

11 JOHN O'QUINN, having been first duly

12 sworn, was examined and testified as follows:

13

14 EXAMINATION

15 BY-MR.WOOD:

16 Q. Would you state your full name for

17 the record, please.

18 A. John O'Quinn.

19 Q. And what is your present residence

20 address, Mr. O'Quinn?

21 A. 19 Shadder Way, Houston, Texas.

22 Q. How long have you resided at that

23 address?

24 A. Approximately six years.

25 Q. And you practiced law here in


Page 7
1 Houston?

2 A. True.

3 Q. The O'Quinn Law Firm, is that the

4 name of the firm?

5 A. Correct.

6 Q. How long have you practiced law The

7 O'Quinn Law Firm?

8 A. Or some version of that name?

9 Q. I want to try to get that -- that

10 name first.

11 A. That's about two years.

12 Q. And how is that set up? Is it a

13 partnership, is it a limited liability

14 partnership, or you tell me.

15 A. It's limited liability partnership

16 or company. I can't recall the details.

17 Q. Are you a partner in the firm?

18 A. Probably I'm designated as a member

19 of the LLC or a partner of the LLP.

20 Q. Does the firm have a managing member

21 or managing partner?

22 A. No.

23 Q. Are you the person that basically

24 fits that role on a day-in-day-out basis?

25 A. Well, ultimately I -- I have that


Page 8
1 role. I try to divide up responsibility for

2 management with other people so that I don't

3 have to -- I like to try lawsuits -- so I

4 don't have to spend my entire day handling

5 management issues.

6 Q. Does the authority, though, at the

7 end of the day, does the buck stop with John

8 O'Quinn?

9 A. Correct.

10 Q. And what was the name of the firm

11 prior to the change two years ago?

12 A. O'Quinn, Laminack & Pirtle.

13 Q. And they -- they're down on 12 now,

14 I guess?

15 A. That's correct.

16 Q. Okay. How many lawyers do you have

17 in your firm at the present time, Mr. O'Quinn?

18 A. Approximately 25.

19 Q. How did you come to be engaged to

20 represent Vergie Arthur?

21 A. She hired me.

22 Q. Can you tell me the circumstances

23 around that in terms of how she contacted you,

24 where you were?

25 A. Vergie is a Texan. Her son is in


Page 9
1 the FBI. I knew -- I knew neither of them

2 before the matter in question. Somebody in

3 the FBI gave my name to the son as being a

4 very good lawyer and he made arrangements

5 whereby she could come see me.

6 Q. What was the son's name?

7 A. You know, I don't have that by my

8 mental fingertips right now.

9 Q. Was he a Texan too?

10 A. Oh, yeah.

11 Q. And what was the scope of your

12 engagement for or with Vergie Arthur?

13 A. To help Vergie get the right to bury

14 her own daughter.

15 Q. Anything else?

16 A. To help her have the right to raise

17 her granddaughter.

18 Q. Other than to help her have the

19 right to bury her daughter and to help her

20 have the right to raise her granddaughter, did

21 the scope of your engagement with Ms. Arthur

22 include anything else?

23 A. No, sir.

24 Q. You were not engaged by her to

25 facilitate or arrange or negotiate any type of


Page 10
1 media contacts, book deals, things of that

2 nature?

3 A. No, sir.

4 Q. And did you undertake to do so at

5 any time?

6 A. No, sir.

7 Q. What did you understand, in your

8 mind's eye, when she hired you you were going

9 to have to do?

10 A. I wasn't quite sure.

11 Q. Do you know whether the petition had

12 been filed at that time down in Broward County

13 with respect to the issue of custody of Anna

14 Nicole Smith's body in order to bury her?

15 A. Yes. My understanding was the

16 petition was already filed by other lawyers.

17 Q. And did you expect, then, when you

18 undertook to represent Ms. Arthur, that you

19 would be advocating for her and litigating for

20 her in the state of Florida?

21 A. I didn't know. She already had a

22 Florida lawyer.

23 Q. When did you find out?

24 A. Which subject? That she had a

25 Florida lawyer?


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1 Q. No. When did you find out you were

2 going to be litigating for or advocating for

3 her in the state of Florida?

4 A. After talking to her and the Florida

5 lawyer, they asked that I come over there and

6 assist them to the extent I could.

7 MR. KLEIN: John, let me just

8 caution you. You have to be a little bit

9 careful about your communications with

10 Vergie --

11 MR. WOOD: Oh, yeah.

12 MR. KLEIN: -- because we cannot

13 waive privilege. That's her decision.

14 THE WITNESS: I'll be more careful.

15 Thank you.

16 Q. (By Mr. Wood) Who was the Florida

17 lawyer?

18 A. Steve somebody.

19 MR. KLEIN: Tunstall.

20 THE WITNESS: Huh?

21 MR. KLEIN: Tunstall.

22 THE WITNESS: Tunstall. I always

23 have trouble remembering how to say his

24 last name. Tunstall.

25 Q. (By Mr. Wood) I struggled with it


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1 for a while myself. Don't feel bad.

2 A. Thank you.

3 Q. Where did you first go -- did you

4 have a meeting -- you said you went over to

5 meet with Mr. Tunstall?

6 A. Yes. I went to Florida.

7 Q. All right. Where in Florida?

8 A. Fort Lauderdale.

9 Q. Did you have a written contract or a

10 written engagement letter with Vergie Arthur?

11 A. I don't know.

12 Q. Would it be your normal practice to

13 have a written engagement contract or letter?

14 A. At that point, it wouldn't be a

15 usual practice.

16 Q. I'm sorry. It would be what?

17 A. At that point it would not be a

18 usual practice because I was not being hired

19 to file a lawsuit. I was -- I was being asked

20 to help her, if I could. You know, if an FBI

21 agent asked you to do him a favor, I don't

22 know about your part of the country, but you

23 try do them a favor.

24 Q. Well, I represented Richard Jewel.

25 We're a little bit leery of FBI agents. I'm


Page 13
1 not sure it applies to us in Georgia, at least

2 not to me and my client.

3 MR. KLEIN: That's a little

4 different perspective.

5 MR. WOOD: That's a little different

6 perspective, to say the least.

7 THE WITNESS: So I didn't come in

8 this thing to make money. I tried to

9 help this agent and his mother. In a

10 matter, it was very personal and there

11 wasn't going to be any money made off of

12 who got that body, not by me.

13 Q. (By Mr. Wood) So I take it what

14 you're telling me is that you handled this

15 matter for Vergie Arthur on what you would

16 call a pro bono basis?

17 A. Yes.

18 Q. And have not received any type of

19 fee from her or anyone on her behalf?

20 A. Correct.

21 Q. And have no expectation of doing so

22 in the future?

23 A. Correct.

24 Q. So when you went to Florida and

25 stayed there for a number of days, going there


Page 14
1 you knew you were going to be on your dime,

2 not hers; right?

3 A. Yes, sir.

4 Q. So whatever money you spent down in

5 Florida from an expense standpoint to stay

6 there during the hearing and -- did you go

7 back for the appellate argument?

8 A. I did.

9 Q. So to go down for the hearing which

10 lasted several days?

11 A. Correct.

12 Q. And then for the appellate argument,

13 you knew before you left Texas and went to

14 Florida that you were going to be on your

15 dime, spending your personal funds, while you

16 were there trying to advocate or litigate or,

17 as you say, help her out?

18 A. Correct.

19 Q. Do you have any idea how much you

20 incurred in terms of your expenses in the

21 state of Florida?

22 A. Hundreds of thousands.

23 Q. For the time period that you were

24 there for the hearing and the appellate

25 argument?


Page 15
1 A. You know, I think I've lumped

2 together the Bahamas and Florida. I don't

3 really know how that divides out.

4 Q. Give me the total amount, your best

5 estimate -- when you say hundreds of

6 thousands, I understand you lump them

7 together, the Bahamas and Florida, give me

8 your best estimate as to the total amount of

9 money that you spent out of your pocket, John

10 O'Quinn's pocket, with respect to those two

11 trips or those two locations?

12 A. Okay. I believe it was about

13 400,000.

14 Q. $400,000. And you're not able to,

15 as you sit here today, give us any type of

16 reasonable estimate as to how much of that

17 $400,000 would have been incurred in the state

18 of Florida versus in the Bahamas?

19 A. Total guess. I'd have to go look at

20 a bunch of records to try to figure that out.

21 Q. Give me your best guess, if you

22 don't mind.

23 A. I hate to guess.

24 Q. As long as we know you're guessing,

25 then nobody's going to say that you were being


Page 16
1 precise.

2 A. It would be a wild guess. I just

3 hate to do that.

4 Q. Well, how long were you in the

5 Bahamas?

6 A. Off and on over a span of -- of a

7 couple of weeks, I think, and I wasn't there

8 day by day by day. So I think it was over a

9 span of a couple of weeks, a number of trips.

10 There were some court hearings, things of that

11 nature.

12 Q. Well, how would that compare to the

13 amount of time you spent in Florida for

14 Ms. Arthur?

15 A. My guess?

16 Q. Best guess.

17 A. Probably more time in the Bahamas

18 than in Florida.

19 Q. How -- did you make -- how many

20 trips to Florida did you make during the

21 course of the hearing before the Judge

22 Sandlin -- did I get that right?

23 MS. BARTH: Seidlin.

24 MR. KLEIN: Seidlin.

25 Q. (By Mr. Wood) Seidlin. The crying


Page 17
1 judge. We all know who we're talking about.

2 A. Seidlin. Yes, sir.

3 Q. How many trips did you make, if more

4 than one, to be present at that hearing before

5 Judge Seidlin?

6 A. I think it was two.

7 Q. You think you came home at the end

8 of the week over the weekend and then went

9 back?

10 A. I think so.

11 Q. Did you travel commercial?

12 A. No.

13 Q. You have your own private aircraft?

14 A. Yes.

15 Q. And I know you stayed at Pier 66; is

16 that right?

17 A. I can't remember the name of the

18 hotel. It was in Fort Lauderdale.

19 Q. Was it the same hotel on both trips?

20 A. Yes.

21 Q. And then how about when you came

22 back for the appellate argument, did you stay

23 overnight?

24 A. Yes, I believe so.

25 Q. Same hotel?


Page 18
1 A. No, we were in Coral Gables or West

2 Palm Beach or some other -- that's where the

3 appellate court is.

4 MR. KLEIN: West Palm Beach.

5 THE WITNESS: So West Palm Beach.

6 Q. (By Mr. Wood) Where did you stay

7 there?

8 A. Again, I don't recall the hotel

9 there.

10 Q. Do you have -- do you keep your

11 receipts in order to document your expenses so

12 that if you ask someone in your office to go

13 back and pull the expenses for the Florida and

14 Bahama trips, you could do so?

15 A. That's the normal practice, and I

16 would expect those papers to be in the

17 accounting department.

18 Q. And who would be the person -- if I

19 asked you it tell me who I should talk to in

20 the accounting department that could give me

21 the information about your expenses and the

22 details regarding your expenses, who would you

23 tell me to talk to?

24 A. Mrs. Shelly Kinkle.

25 Q. How long has Ms. Kinkle worked with


Page 19
1 you?

2 A. Over 10 years. Between 10 and 15,

3 as I recall.

4 Q. Describe for me, if you would,

5 Mr. O'Quinn, exactly what you did for

6 Ms. Arthur in Florida in your efforts to

7 advocate for her and to lend her legal

8 assistance with respect to the burial of her

9 daughter and some role in seeing or raising

10 her granddaughter?

11 MR. KLEIN: John, just be mindful of

12 your privilege concerns, please.

13 THE WITNESS: Thanks for reminding

14 me of that.

15 Q. (By Mr. Wood) Yeah. And it's not

16 my place to remind you of it, but I'm not

17 looking for you to tell me something that you

18 contend violates attorney-client privilege.

19 I'm looking to find out exactly what

20 you can describe and what you recall as to

21 what you did for her while you were in the

22 state of Florida.

23 MR. KLEIN: John, the only reason we

24 even bring it up is lawyers have a bad

25 habit of lapsing into discussions with


Page 20
1 clients.

2 THE WITNESS: You're entirely

3 correct. I'm sitting here having, in

4 fact, a conversation.

5 Q. (By Mr. Wood) That's what I want to

6 do.

7 A. I'm not stopping to say wait a

8 second. So let me go a little slower to be

9 sure I don't violate my responsibilities under

10 the attorney-client privilege rule.

11 Well, I went to the court

12 proceedings. I participated in the court

13 proceedings with Mr. Tunstall, questioned

14 certain witnesses, made some arguments.

15 Things of that nature.

16 Q. Well, when you say, "things of that

17 nature," I'd like for you to be precise for

18 me. Give me your best description of your

19 activities in Florida for Ms. Arthur.

20 I understand you went to the court

21 proceedings before Judge Seidlin. You say

22 generally you participated in them in terms of

23 questioning witnesses and making some

24 arguments. What else did you do in the state

25 of Florida with respect to your efforts to


Page 21
1 assist Ms. Arthur?

2 A. I think that's about it.

3 Q. That's all?

4 A. I think that's about it.

5 Q. Did you ever --

6 A. Wait a second. You know, when the

7 case was appealed, I talked to Mr. Klein and

8 his -- and his partner about handling the

9 appeal and made the financial arrangements for

10 them to do that. That's part of the money.

11 Q. That's part of the $400,000?

12 A. Yeah. And I did that.

13 Q. All right. Let me make sure if I've

14 got it all.

15 In terms of your activities in the

16 state of Florida on behalf of Ms. Arthur, you

17 physically attended the court proceedings

18 before Judge Seidlin --

19 A. Uh-huh (affirmative).

20 Q. -- and participated in those

21 proceedings in court in terms of questioning

22 certain witnesses and making certain arguments

23 to the Court, and you also spoke to Mr. Klein

24 and his partner and made the arrangements for

25 his firm to handle Vergie Arthur's appeal,


Page 22
1 including making the payment to his firm from

2 your own personal funds for the fee; is that

3 right?

4 A. Correct.

5 Q. Anything else, other than what we've

6 just gone over, that you did in Florida for

7 Vergie Arthur in your efforts to represent her

8 and assist her?

9 A. I tried to handle as much as

10 possible responding to the media, rather than

11 her having to do it.

12 Q. Anything else now? I want to make

13 sure we got it all.

14 A. I'm sure there's bound to have been

15 something else, but that's in the main what I

16 recall.

17 Q. Well, what makes you think that

18 there's bound to be something else?

19 A. There's a lot of activities going on

20 and I'm trying to remember back several months

21 and, I mean, I don't know whether you're

22 asking things like, okay, it's time go from

23 the hotel to the -- to the courthouse and I

24 would make arrangements for ground

25 transportation, you know, or whether you're


Page 23
1 going that far.

2 Q. I want to be as detailed as you can

3 be, sir.

4 A. Well, that would be true.

5 Q. In terms of making arrangements for

6 ground transportation for you and Ms. Arthur?

7 A. Yeah, right. Make sure she got

8 there. Make sure -- help her as best I could

9 to help her get through this -- really it was

10 crazy. I don't know if you know what I'm

11 trying to say. Once you got within 50 feet of

12 the front door of the courthouse -- she

13 recalls -- it was literally crazy, primarily

14 because of the media. You had to actually

15 fight to get into the front door. I don't

16 mean you had -- I'm not talking about hitting

17 somebody with your fists, but you had to

18 really struggle to get through this mass of

19 reporters and other people, primarily

20 reporters, just to get in the front door of

21 the courthouse. They were blocking your way.

22 You could be nice to them, whatever

23 you want to do. I want a comment, I want a

24 comment, I want this, I want that. You can

25 say, you know, "I gotta be in court, please


Page 24
1 let me go, let me get through this crowd."

2 Sometimes she and I would lock arms, and I'd

3 just say, "Follow me," and I would somehow

4 make a path for us or whoever was with me

5 helping me, like Mr. Tunstall. And then

6 Mr. Tunstall and I would join arms. Vergie

7 would maybe hold on to our belts, or whatever,

8 just to get into the courthouse and then try

9 to find some court personnel like a deputy

10 sheriff-type person, who were very nice about

11 everything, I want to say that about the

12 staff. They were very nice and they knew the

13 situation. And we'd say, "How can we get from

14 the front door, sir, or ma'am, can you help us

15 to the judge's courtroom?"

16 And that was a struggle. Even

17 though we were now being guided and led by

18 members of law enforcement and -- but they'd

19 get us there. You know, they'd get us on an

20 elevator and get us there and once you got off

21 on the floor where the court was, there would

22 be another mass of people, reporters, wanting

23 us to not go in the courtroom but instead stay

24 out in the hall and talk to them. So it was a

25 struggle even to get into the courtroom.


Page 25
1 Now, I didn't go over there to do

2 that, but it turned out that I needed to do

3 that once I assessed the situation, and I did.

4 If that's a service, then that's a service.

5 Q. Well, when you say you "didn't go

6 over there to do that" --

7 A. I didn't know I was going to have

8 trouble getting --

9 Q. Let me finish. That's what I want

10 to find out.

11 Are you telling me the service that

12 you didn't go over there to do but that you

13 did was to help her get through the mass of

14 the media to get into the courtroom --

15 A. Right.

16 Q. -- or are you telling me that it was

17 dealing with the media in general for her?

18 A. Well, also in general, too, but I

19 was talking about just trying to get in the

20 courtroom at this point.

21 Q. Well, when did you -- did you take

22 on the role of basically shielding Vergie

23 Arthur from the media's efforts to contact her

24 and interview her?

25 A. Yes.


Page 26
1 Q. Did you tell her that you would do

2 that, you would perform that service for her?

3 A. Yes.

4 Q. And so did you then give the media

5 your contact information while you were in

6 Florida so that the media knew they could call

7 you instead of trying to make efforts to call

8 Vergie Arthur?

9 A. No.

10 Q. How did they get your contact

11 information?

12 A. Well, I just said -- without going

13 into any privilege matters, if the media

14 called Vergie, I trusted she would tell them,

15 "Call Mr. O'Quinn."

16 Q. Well, was that your experience, that

17 she, in effect, followed those instructions

18 and that she --

19 A. Well, I don't want to go into any --

20 Q. Let me finish my question,

21 Mr. O'Quinn. You know I've got to answer --

22 get my question out before you answer.

23 Was that your experience that, in

24 fact, Ms. Arthur, while she was in Florida,

25 did refer media contacts or inquiries directed


Page 27
1 to her to you, her attorney?

2 A. Yes.

3 Q. And about how many inquiries did you

4 have to field or deal with over the course of

5 the time you were there?

6 A. Numerous.

7 Q. More than a hundred?

8 A. There were numerous.

9 Q. And you were there the first week --

10 the hearing started on February 13, I believe.

11 Does that sound right?

12 A. I can't recall the date, but it was

13 February.

14 Q. It went three days the first week

15 and then y'all recessed for a weekend, which I

16 think was President's Day on Monday, and then

17 came back for three more days the second week.

18 Does that sound generally correct to you?

19 A. Generally.

20 Q. Whatever the number of media

21 inquiries were during this time period, while

22 we're talking about your being in Florida

23 dealing with the procedures before Judge

24 Seidlin, do you believe that those contacts or

25 inquiries were made while you were in Florida


Page 28
1 as compared to when you were back in Texas

2 between trips on the weekend?

3 A. I believe it's some of each.

4 Q. Again, how would you expect they got

5 your contact information in Texas from -- I

6 mean, the weekend I assume you were at home.

7 If you were at the office, some of us have to

8 come down to the office on the weekends --

9 A. When I'm in trial or in a court

10 proceeding in another place, Saturday I'll

11 have to come back and catch up. I'd be here a

12 lot on the weekend, frankly.

13 Q. Can you give us a breakdown of the

14 percentage of the media contacts that were

15 made to you while you were in Florida versus

16 while you were in Texas?

17 And I'm talking about the time frame

18 of the Seidlin hearings.

19 A. I can't do that.

20 Q. How many interviews did you give

21 while you were in Florida, written or

22 broadcast interviews?

23 A. I believe two.

24 Q. Two broadcast or print interviews?

25 A. I know one was broadcast. The other


Page 29
1 one was -- I don't recall if it was print or

2 otherwise.

3 Q. The scope of your engagement with

4 Ms. Arthur, to make sure we've closed the door

5 on this, included your participation and

6 attendance at the hearing before Judge

7 Seidlin --

8 A. Right.

9 Q. -- and before the court of appeals

10 for during that argument; true?

11 A. Right, but you understand, I did not

12 make the argument.

13 Q. Oh, no, you paid Mr. Klein or his

14 firm --

15 A. Right.

16 Q. -- but you were there?

17 A. Right.

18 Q. So the scope of your employment or

19 efforts to represent her and help her included

20 helping her with that appeal in Florida?

21 A. Correct.

22 Q. And the proceedings in Florida

23 before Judge Seidlin?

24 A. Correct.

25 Q. And literally, as part of that,


Page 30
1 having to make arrangements to get to and from

2 where you were staying to the courthouse to

3 literally, sometimes physically, have to be

4 involved in trying to get through the media

5 crush to get her into the courtroom?

6 A. Correct.

7 Q. And then you agreed also to respond

8 on her behalf, in effect shield her from media

9 inquiries, to in effect be, to the extent you

10 decided to do an interview, be her

11 spokesperson; is that true?

12 A. Correct.

13 Q. Had you ever been involved, in your

14 practice of -- how many years? How many years

15 have you been practicing law?

16 A. Almost 40.

17 Q. I will never catch you, probably,

18 because you'll probably practice 40 more. I

19 don't think I will. I've got 31 under my

20 belt. Some days it seems like 61.

21 A. Me too.

22 Q. Other days it feels like it's just

23 begun.

24 A. It's like that. Life's like that,

25 isn't it?


Page 31
1 Q. It is, isn't it?

2 A. Yeah.

3 Q. And in your almost 40 years of law

4 practice have you ever been involved in any of

5 your cases, in a -- in a high-profile case

6 that had, what I call and I think would agree

7 with it, a media frenzy to it like you

8 experienced with your respects to help Vergie

9 Arthur?

10 A. No.

11 Q. And I don't mean to downplay the

12 importance or the profile of your other cases,

13 I think the results speak for themselves, but

14 had you ever had any case that you had handled

15 before this representation that you would even

16 begun to say was close in terms of the media

17 attention and media frenzy that you

18 experienced in the Vergie Arthur case?

19 A. No.

20 Q. Had you done any type of advocacy in

21 the -- I call it -- the court of public

22 opinion, had you done any advocacy for clients

23 in other cases where you would make television

24 appearances to do interviews for them or their

25 case or their cause?


Page 32
1 A. On occasion.

2 Q. Give me -- before the Vergie Arthur

3 representation, give me a ballpark figure of

4 how many interviews you would have given. And

5 I'm not limiting you to television or radio.

6 I include in that print interviews.

7 A. 40 years is a long time. I cannot

8 give you any kind of accurate number.

9 Q. Did you feel like you were

10 experienced, though, in dealing with the

11 media?

12 A. Slightly.

13 Q. Slightly experienced?

14 A. Somewhat, but I'm --

15 Q. Slightly experienced sounds like

16 greatly inexperienced. Which one is it?

17 A. I would say I didn't have a lot of

18 experience. I had some.

19 Q. Did you do preinterviews where

20 they'd interview you before?

21 A. I don't even know what that means.

22 Q. Where someone would interview you

23 before you actually went on the air to give

24 the interview.

25 A. I don't believe so.


Page 33
1 Q. How many interviews did you do, not

2 just limiting that to Florida, but I want to

3 get an idea of how many interviews you gave,

4 print or broadcast, as part of your efforts to

5 help Vergie Arthur, advocate for her?

6 A. I think I did two.

7 Q. Start to finish?

8 A. Oh, no.

9 Q. I'm looking for the total number

10 now.

11 A. You're talking about even when

12 things shifted from Florida to the Bahamas?

13 Q. I'm talking about A to Z.

14 A. Yes. You're saying yes?

15 Q. Yes, I am, sorry.

16 A. A dozen.

17 Q. And how many of those were print

18 versus broadcast?

19 A. Guesstimate?

20 Q. Best guesstimate.

21 A. Guesstimate, most were broadcast.

22 Q. Any print?

23 A. Probably -- probably --

24 substantially most were broadcast.

25 Q. Do you recall doing any print


Page 34
1 media -- print interviews?

2 A. Yes.

3 Q. And who do you recall doing those

4 interviews with, the print interviews?

5 A. I just recall that there were a

6 couple that were print. I can't tell you

7 which organization it was.

8 Q. Did you or someone in your office

9 keep any clippings about those interviews?

10 A. I don't believe so.

11 Q. Why not?

12 A. Why?

13 Q. Well, I'm just suggesting that

14 sometimes people do it for their own ego.

15 They like to see their names in print. Other

16 times lawyers want to keep up with it because

17 they want to know what they said so they make

18 sure they say the same thing the next time.

19 There are various reasons to keep them.

20 The question is you say you did not

21 and I take it you didn't make a conscious

22 decision to keep them or not?

23 A. I didn't make a conscious decision

24 to do it.

25 Q. Didn't make a conscious decision to


Page 35
1 keep them or not?

2 A. If my staff kept them, they kept

3 them.

4 Q. You don't know whether they did or

5 not?

6 A. No. I don't sit down every day and

7 read my interviews.

8 Q. You think in any given case you've

9 ever done any more interviews than the dozen

10 that you believe you did in the Vergie Arthur

11 case?

12 A. For a case, no.

13 Q. This would have been the largest

14 case in terms of media interviews?

15 A. Yes.

16 Q. Most television appearances?

17 A. Yes.

18 Q. Before you did your first television

19 interview in connection with representing or

20 helping Vergie Arthur, how long had it been

21 since you had been on television for a client?

22 A. In some other matter?

23 Q. Yes.

24 A. I can't recall.

25 Q. Are you thinking years?


Page 36
1 A. No, I don't believe it had been

2 years.

3 Q. Months?

4 A. I believe that would be more

5 accurate, yeah.

6 Q. So you believe you probably had done

7 an interview in 2006?

8 A. Probably, yeah.

9 Q. Any idea what case that would have

10 been in connection with?

11 A. I know I tried a breast implant case

12 to a verdict in 2006 and I believe there was

13 an interview about that.

14 Q. Local or national?

15 A. Local.

16 Q. You understood how the national

17 television interviews worked, though, as a

18 general proposition, did you not, sir?

19 A. As a general proposition, perhaps.

20 I'm not a technically smart guy about how

21 broadcast works.

22 Q. Well, I don't mean to suggest that

23 you would know the technical aspects of it,

24 but what I do mean to suggest is that I think

25 you would tell me that you are aware that when


Page 37
1 you do an interview with a national network,

2 that you knew that that interview, in some

3 form or fashion, was going to be broadcast on

4 a national basis; true?

5 A. It may be broadcast.

6 Q. Did you have any reason to believe

7 that it would not be?

8 A. I had no reason to believe any way.

9 I know I've given interviews that turned out

10 not being broadcast.

11 Q. Those weren't your good interviews?

12 A. No. It just whoever the news

13 directer was decided they -- you know, news

14 has limited time, not to go with that

15 interview.

16 Q. Did you give any broadcast -- did

17 you participate in any broadcast interviews in

18 connection with the Anna Nicole Smith case?

19 A. Did I do what about them?

20 Q. Did you participate in any broadcast

21 interviews for television in connection with

22 your representation of Vergie Arthur or the

23 Anna Nicole Smith case that were not, in some

24 fashion, broadcast?

25 A. I believe on one occasion, yes.


Page 38
1 Q. Do you know who you gave that

2 interview to?

3 A. I'm not sure, but I believe -- I'm

4 not sure. I recall something -- you know, a

5 lot of these broadcasts are for like 30

6 minutes. They've got a set amount of time.

7 And then they've got more than one story they

8 want to do and then they -- they run out of

9 time.

10 I remember I was supposedly being

11 interviewed on one broadcast, and so I get

12 there at the right time, you know, I'm there

13 miked and everything and they start talking

14 about some new breaking story, some child was

15 killed or trapped in a mine or something like

16 that, and they went with that story primarily.

17 And by the time we got to the end of the show

18 they said, "Well, we're real sorry,

19 Mr. O'Quinn" --

20 Q. You got bumped?

21 A. Try us again another time.

22 Q. You got bumped?

23 A. Right.

24 Q. You recall it happening one time?

25 A. I do recall that, yes.


Page 39
1 Q. Now, you gave interviews to Larry

2 King, did you not?

3 A. Yes.

4 Q. You appeared on the Larry King show

5 how many times?

6 A. I would guess three.

7 Q. You knew that was a live interview,

8 Larry King live, it was not taped, was it?

9 A. I believe it was.

10 Q. You believe it was taped?

11 A. No. I believe it was live.

12 Q. On all the appearances on Larry

13 King?

14 A. I believe so.

15 Q. And did you do any live media

16 interviews on the Greta Van Susteren show, On

17 the Record, Fox News?

18 A. I believe so.

19 Q. How many?

20 A. Now, you're talking about the whole

21 time, even when we're in the Bahamas?

22 Q. Yeah, which you told me you thought

23 consisted of about 12 interviews, print and

24 broadcast total.

25 A. I would say on her show maybe about


Page 40
1 three times.

2 Q. How about Good Morning America?

3 A. One -- none.

4 Q. No interviews?

5 A. Is that the ABC deal?

6 Q. Yes.

7 A. No.

8 Q. The Today Show?

9 A. I don't believe so. Yes.

10 Q. How many on The Today Show?

11 A. One.

12 Q. Who was that with?

13 A. Matt Louder (sic).

14 Q. Where were you when you gave that

15 interview?

16 A. I don't recall.

17 Q. Were you on set in New York?

18 A. No.

19 Q. In Florida?

20 A. No.

21 Q. Was it a phone interview?

22 A. They brought the camera to me.

23 Q. To Texas or Florida?

24 A. One of those places.

25 Q. So it could have been in Florida?


Page 41
1 A. Could have.

2 Q. When you came over to represent

3 Ms. Arthur in the proceedings before Judge

4 Seidlin, am I correct that you understood that

5 the issue that was being litigated in that

6 proceeding was the question of custody of the

7 body of Anna Nicole Smith for purposes of

8 determining where she would be buried?

9 A. Yes.

10 Q. And that was, in fact, the only

11 issue that was decided in that proceeding;

12 true?

13 A. I believe so.

14 Q. To your knowledge, was there any

15 other jurisdiction of Judge Seidlin or effort

16 to determine any other issue other than the

17 custody of Anna Nicole Smith's body for

18 purposes of determining where it -- she would

19 be buried?

20 A. I believe the other issues were

21 raised or attempted to be raised but I don't

22 think they were decided.

23 Q. I'm sorry. They weren't decided?

24 A. I don't believe they got decided by

25 Judge Seidlin.


Page 42
1 Q. Did you attempt to raise other

2 issues?

3 A. No.

4 Q. Or are you talking about issues

5 raised the by other parties?

6 A. Others.

7 Q. Vergie Arthur didn't raise any other

8 issues. You were there focused on trying to

9 help her have a role in where her daughter

10 would be buried; right?

11 A. Correct.

12 Q. And then ultimately, as it turned

13 out in the Bahamas, your role expanded, did it

14 not, into efforts to help her either obtain

15 custody or visitation with her granddaughter;

16 is that right?

17 A. Correct.

18 Q. That was an issue, in terms of the

19 scope of your engagement, that arose after the

20 Florida proceedings; true?

21 A. I believe that they may have arisen

22 while I was representing Ms. Arthur in Judge

23 Seidlin's proceedings.

24 Q. That you would help her out down in

25 the Bahamas on the custody issues?


Page 43
1 A. Right.

2 Q. But the custody of Dannielynn, the

3 paternity of Dannielynn, was not an issue

4 before Judge Seidlin? It was not a litigated

5 issue that you were down there working on, was

6 it?

7 A. Well, the paternity was an issue

8 that was sought to be raised.

9 Q. But not by you?

10 A. Not by me.

11 Q. Not by Vergie Arthur?

12 A. Not by Vergie Arthur.

13 Q. Someone else sought to raise it, but

14 ultimately it was not an issue to be decided

15 by Judge Seidlin; right?

16 A. That's my memory.

17 Q. Again, the only issue you went down

18 to advocate for, in terms of representing

19 Ms. Arthur in the Florida proceedings and the

20 attendance at the appellate argument, was the

21 issue limited to the custody of Anna Nicole

22 Smith's body for purposes of determining where

23 she would be buried; true?

24 A. I believe so.

25 Q. It was not your intent, going down


Page 44
1 to Florida, to litigate the issue of the

2 paternity of Dannielynn; right?

3 A. Not in Florida.

4 Q. And it was not your intent, going

5 down to Florida, to litigate the issue of

6 custody of Dannielynn or visitation; right?

7 A. Well, things -- things got changed

8 because this gentlemen Birkhead showed up and

9 he was claiming he was the biological father

10 of Anna Nicole's daughter and he was claiming

11 that for that reason, perhaps he should have

12 the say-so in where Anna Nicole was buried.

13 My position, of course, was that

14 Vergie Arthur should have the say-so. So any

15 competing claim that would adversely affect

16 Vergie Arthur, I felt was -- was in my

17 bailiwick to oppose, to the extent that I

18 could legally oppose it. So once he started

19 making that claim, -- I mean, there were a lot

20 of reasons why I didn't think the claim had

21 any merit, don't get me wrong. But at least

22 somebody was there saying, "I'm the biological

23 father of the person who's dead -- of the

24 child of the person who's dead and I want to

25 have some say-so in where she's buried."


Page 45
1 Q. Any other issues that arose --

2 raised by other parties or issues that you

3 thought you needed to address in the Florida

4 proceedings other than what you've told me?

5 A. I believe one line of argument that

6 Stern was claiming was that since he was

7 taking care of the child and since he had this

8 relationship with Anna Nicole, he should be

9 the one to decide.

10 Q. On where the body should be buried?

11 A. Yeah.

12 Q. Do you think he was taking that

13 position because he was a companion of Anna

14 Nicole Smith's and had a relationship with the

15 daughter or were you aware that he was there,

16 sir, as the nominated executor of the estate

17 of Ms. Smith?

18 MR. KLEIN: Lin, this is -- I've got

19 to inquire. We're in a jurisdictional

20 deposition. I don't know what relevance

21 it has to what Mr. Stern's position was

22 or how it was taken or why.

23 MR. WOOD: Yeah. And I appreciate

24 the question. I believe that I'm

25 entitled to go into this area because I


Page 46
1 think I'm entitled to find out what he

2 went there to do, what he did there, what

3 he may have done beyond that all tied to

4 the issue of his reasonable expectations

5 of being haled into a Florida court and

6 being sued.

7 MR. KLEIN: I understand.

8 MR. WOOD: That's why I'm doing it.

9 MR. KLEIN: And I've allowed some

10 latitude for that reason. I don't think

11 that inquiry as to his mental impressions

12 as to what Stern's position was or was

13 not, that it was valid or not.

14 MR. WOOD: I'm not asking that at

15 all. I don't mean to be asking about

16 whether it's valid. I'm just trying to

17 find out, plain and simple.

18 Q. (By Mr. Wood) Didn't you know, sir,

19 going into this proceeding that the petition

20 had been filed and Mr. Stern's role was as the

21 nominated executor of the estate of Anna

22 Nicole Smith?

23 MR. KLEIN: That I don't have a

24 problem with.

25 THE WITNESS: When I came into the


Page 47
1 proceeding initially, I'm not sure I even

2 read the papers to really know, but by

3 the time I got to Judge Seidlin's

4 court --

5 Q. (By Mr. Wood) You knew?

6 A. -- I knew that was the position

7 of --

8 Q. Mr. Stern?

9 A. -- Stern.

10 Q. Okay.

11 A. At least on paper.

12 Q. At least on paper in terms of his

13 filings; right?

14 A. Yeah.

15 Q. And did you file an application to

16 appear in that proceeding pro hac vice?

17 A. I think Mr. Tunstall did.

18 Q. On your behalf?

19 A. Yes.

20 Q. Did you have any type of fee

21 arrangement with Mr. Tunstall?

22 A. No.

23 Q. Did you pay any of Mr. Tunstall's

24 fees?

25 A. No.


Page 48
1 Q. Did you pay any of Mr. Tunstall's

2 expenses?

3 A. In a way, because I -- I did things

4 like paid for the appeal.

5 Q. Well --

6 A. I did --

7 Q. That would be Vergie Arthur's

8 expense, I think.

9 A. Did I reimburse him for money he had

10 spent, no.

11 Q. Did you pay for any of his expenses

12 that he had incurred on behalf of Ms. Arthur

13 other than the fee to Mr. Klein's firm for

14 handling the appeal? Assuming that's -- that

15 was his expense. I don't think it was but,

16 nonetheless, I'm going to clear up whether or

17 not you paid anything else for him or not.

18 A. When I took on the job of getting

19 her from the hotel, transportation, into the

20 court, I guess if I had not been in Florida,

21 Mr. Tunstall would have had to do that.

22 Q. Well, I understand that. I mean,

23 that's -- apparently you paid some sort of a,

24 I guess, a limousine service or some type

25 of --


Page 49
1 A. Right.

2 Q. -- to get you-all picked -- was she

3 staying at the same hotel where you were?

4 A. Right.

5 Q. And you were paying for her hotel

6 room?

7 A. Right.

8 Q. Did you pay for anybody else's hotel

9 rooms, other than yourself and Vergie Arthur's

10 hotel room in Florida?

11 A. On occasions her husband would be

12 with her. On occasions a relative/friend

13 would be with her and they would stay at the

14 hotel.

15 Q. Well, I'm assuming that her husband

16 stayed with her?

17 A. I am too but I did not go --

18 Q. You did go in the room --

19 A. But I did not go in the room to see

20 who was in the bed.

21 Q. Okay. That would be asking for just

22 a little bit too much representation, wouldn't

23 it?

24 A. That was not my job.

25 Q. I'm assuming you didn't pay for an


Page 50
1 extra hotel room for him. I'm looking for any

2 other hotel rooms you paid for for individuals

3 in Florida other than the room for yourself,

4 the room for Vergie Arthur, which may have on

5 occasion been shared with her husband, and

6 then you mentioned another relative, I

7 thought?

8 A. There was a woman who would be with

9 her -- she needed moral support, emotional

10 support. So if her husband could not be with

11 her, there sometimes was another woman who was

12 with her who was introduced to me as a

13 relative and/or friend.

14 Q. What was her name?

15 A. I don't recall it.

16 Q. And did you pay for that relative or

17 friend's hotel room?

18 A. Yes.

19 Q. Same hotel?

20 A. Yes.

21 Q. Out of the number of nights you were

22 there, Ms. Arthur was there every night you

23 were there; right?

24 A. Yes.

25 Q. And she stayed the weekend? She


Page 51
1 didn't come back to Texas did she?

2 A. I believe so.

3 Q. Did she stay the weekend in Florida?

4 A. I'm not sure. I just said I believe

5 so.

6 Q. Did she stay on in Florida after you

7 came back following the ruling of Judge

8 Seidlin?

9 A. I believe so but I'm not certain of

10 that.

11 Q. Did you continue to pay for her

12 hotel room at all times while she was in

13 Florida, Vergie Arthur?

14 A. Yes. So far as I know.

15 Q. So you believe -- your best

16 recollection and belief is is that any

17 expenses incurred by Ms. Arthur in connection

18 with her presence in Florida -- hotel rooms,

19 transportation, meals, incidentals -- you,

20 John O'Quinn, paid for those; true?

21 A. Probably, but I've not reviewed the

22 expense file of what got paid. I'm speaking

23 from the standpoint I think more likely than

24 not that's true, what you're saying. Now, she

25 may have gone down to the store and bought


Page 52
1 some sundries and paid for them out of her own

2 purse. I've not doublechecked her bills. I

3 really haven't.

4 Q. Did you have arrangements -- when

5 you were not there, had you made arrangements

6 in Florida with the Florida transportation

7 company or the limo service, to continue to

8 provide transportation to Ms. Arthur?

9 A. I made no arrangements.

10 Q. Did you have someone on your behalf

11 make those arrangements?

12 A. Somebody made those arrangements.

13 Now, whether they were to continue to be her

14 car and driver even though I was gone on the

15 weekend, even though there was no court

16 proceedings going on on the weekend, even

17 though maybe she had elected to stay in

18 Florida rather than -- rather than go back

19 home to Texas for the weekend, I don't know

20 how those arrangements got made. I really

21 don't, sir.

22 Q. Did you ask anybody in your office

23 to make those arrangements?

24 A. Yes.

25 Q. So someone made those arrangements


Page 53
1 on your -- for you --

2 A. Yes.

3 Q. -- for Ms. Arthur, knowing that

4 we're talking about transportation

5 arrangements in the state of Florida; right?

6 A. If you're talking about while she

7 was being transported --

8 Q. Yes?

9 A. -- in Fort Lauderdale, it would be

10 in Florida. But I did not tell anybody to do

11 what you're describing.

12 Q. Well, how did -- who told them to do

13 it?

14 A. The -- the staff that works with me,

15 they kind of know what needs to be done. I

16 mean, we've been doing this a long time, and

17 if I'm out of town, I've got to have a way to

18 get from point A to point B.

19 Q. Well, I'm not talking but you now.

20 I'm talking about Ms. Arthur, what you paid

21 for for Ms. Arthur --

22 A. She has to have a way --

23 Q. Hold on one second. I'm trying to

24 make clear, and maybe just a question I want

25 to get to and we can move on to another


Page 54
1 subject.

2 The fact of the matter is that you

3 paid for transportation for Ms. Arthur in

4 Florida at times when you yourself were not

5 physically present in Florida; true?

6 A. I may have.

7 Q. Do you believe that you did?

8 A. I believe I probably did, but I've

9 not verified that. I don't know for sure

10 either way, sir.

11 Q. Who is Don Clark?

12 A. He's an investigator who works for

13 my law firm.

14 Q. Did he spend any time with you in

15 Florida?

16 A. I believe so.

17 Q. During the time periods you were

18 there for the proceedings before Judge

19 Seidlin?

20 A. I believe he was there some of the

21 time.

22 Q. Separate hotel room?

23 A. Sure.

24 Q. Same hotel?

25 A. Probably, yes.


Page 55
1 Q. And paid for by you?

2 A. Probably.

3 Q. Well, probably. Sir, if you had an

4 investigator there working with you in your

5 representation of Ms. Arthur --

6 A. Sir --

7 Q. Let me finish, please, sir. -- you

8 would know, would you not, sir, as a matter of

9 fact that you would pay his expenses?

10 A. He may have flown in there, checked

11 in the hotel with his own credit card and paid

12 the bill and flew out.

13 Q. But you're going to reimburse him

14 for those charges?

15 A. Yes.

16 Q. So at the end of day, whether you

17 gave him the credit card, John O'Quinn, don't

18 leave home without it, or whether he used his

19 credit card, the buck came out of your account

20 to pay for his expenses; true?

21 A. That would be usual.

22 Q. And that's what you believe happened

23 here?

24 A. Only because that would be usual.

25 Q. Right, sir.


Page 56
1 A. I have not gone back and checked the

2 records on any of these points you've been

3 talking about.

4 Q. I go back to the scope of your

5 engagement and that was to participate in the

6 court proceedings, examine witnesses, make

7 arguments, help with transportation, help with

8 physically getting Ms. Arthur in and out of

9 the courtroom and acting as, in effect, her

10 media spokesman fielding media inquiries that

11 were directed from her to you; right?

12 A. Right.

13 Q. And then the other thing you told me

14 was that you were also involved in the efforts

15 to hire counsel for the appeal of Judge

16 Seidlin's ruling; right?

17 A. Right.

18 Q. And that covers the entire scope of

19 your engagement for Ms. Arthur as it relates

20 to Florida; true?

21 A. As best I recall it right now.

22 Q. Why -- why did you have an

23 investigator come to Florida?

24 A. I don't recall.

25 Q. Did you have Mr. Clark undertake any


Page 57
1 investigative efforts into the cause or causes

2 of the death of Anna Nicole Smith?

3 MR. KLEIN: John, let's be real

4 careful here. You've got an ongoing

5 representation.

6 THE WITNESS: Yeah.

7 MR. KLEIN: I want to be careful not

8 to -- any violation of attorney-client

9 work product privileges.

10 THE WITNESS: That would be covered

11 by attorney-client work product

12 privileges.

13 Q. (By Mr. Wood) Well --

14 A. To tell you the truth, it would be.

15 Q. But did you authorize Don Clark to

16 talk to Ashley Banfield of CNN about the scope

17 of his investigative work?

18 A. I think that's covered by the same

19 privileges.

20 Q. Well, sir, you know he did?

21 A. No.

22 Q. You're not aware that Mr. Clark

23 provided Ms. Banfield with information that he

24 was down in Florida to try to get dirt that

25 might reopen the investigation into Anna


Page 58
1 Nicole's death? You weren't aware that he

2 gave that information to Ms. Banfield?

3 A. No.

4 Q. Well, was he, in part, down there --

5 and I don't -- I'm not asking for the work

6 product now, please. I'm asking for the scope

7 of his assignment which I do not believe is

8 protected by any privilege or the work product

9 doctrine --

10 MR. KLEIN: An investigator --

11 MR. WOOD: The scope of his

12 assignment.

13 Q. (By Mr. Wood) Was he in Florida, in

14 part, to investigate any aspect of the death

15 of Anna Nicole Smith?

16 And that's a yes-or-no question, if

17 you don't mind. I'm not looking for a

18 substantive what did he do at the moment.

19 MR. KLEIN: I've got to suggest a

20 compromise.

21 MR. WOOD: Okay.

22 MR. KLEIN: You can, I believe for a

23 jurisdictional deposition, we don't have

24 to get into the question of whether or

25 not --


Page 59
1 COURT REPORTER: Can you speak up,

2 please? I'm having a hard time hearing

3 you.

4 MR. KLEIN: -- that you can answer

5 whether or not Clark was performing

6 services at his request as opposed to the

7 scope of the services that he was

8 performing.

9 MR. WOOD: Well, let me ask that and

10 then we'll -- probably a good time to

11 take a break. Let me ask that and then I

12 can come back, because I don't think that

13 I'm limited, as you have suggested, but

14 let me get this down.

15 Q. (By Mr. Wood) In fact, Mr. Clark

16 was in Florida performing investigative

17 services at your request in connection with

18 your representation of Vergie Arthur in

19 connection with the Anna Nicole Smith matter;

20 true?

21 MR. KLEIN: That, you can answer.

22 THE WITNESS: Yes.

23 MR. WOOD: Okay. Why don't we take

24 a break now.

25 MR. KLEIN: Sure.


Page 60
1 MR. WOOD: We've been going for

2 about an hour.


4 approximately 10:07. This concludes Tape

5 No. 1. Off the video record.

6 (Thereupon, there was an

7 interruption in the proceedings.)


9 approximately 10:27. We're back on the

10 video record. This marks the beginning

11 of Tape No. 2. You may continue.

12 Q. (By Mr. Wood) Mr. O'Quinn, as part

13 of your representation and efforts on behalf

14 of Vergie Arthur, did you, within that scope

15 of representation, did that include, in part,

16 efforts to investigate aspects of the death of

17 Anna Nicole Smith in Florida?

18 A. I believe so.

19 Q. Did you yourself conduct any

20 investigation in Florida into any aspect of

21 her death?

22 A. Well, we've got this issue about

23 work product privilege.

24 Q. Well, I'm asking about your

25 activities in Florida. And so again that it's


Page 61
1 clear, I'm not asking you at the moment what

2 you may have learned from the investigation,

3 okay, which I -- I will at least concede might

4 fall within an argument about whether it's

5 work product or not, whether I agree with that

6 we have to determine that another time.

7 I'm just trying to find out for the

8 moment whether you yourself engaged in any

9 investigative activities in Florida that

10 related to the death of Anna Nicole Smith?

11 THE WITNESS: What do you think,

12 Rob?

13 MR. KLEIN: Whether you personally

14 did.

15 THE WITNESS: No.

16 Q. (By Mr. Wood) You didn't

17 participate in any interviews of witnesses?

18 A. No.

19 Q. Do you know whether any witnesses

20 were interviewed at your direction and on your

21 behalf as it would relate to the death of Anna

22 Nicole Smith?

23 And I'm referring to witnesses in

24 Florida.

25 A. No.


Page 62
1 Q. Did Mr. Clark, at your request,

2 engaged in any investigative activities in the

3 state of Florida related to trying to

4 ascertain information about the cause of the

5 death of Anna Nicole Smith?

6 MR. KLEIN: We have the same problem

7 with work product. I mean, I -- let

8 me --

9 MR. WOOD: Again, I'm not asking him

10 what he found out at the moment.

11 MR. KLEIN: I know, but whether or

12 not and getting into the scope, even, of

13 his investigation may really reveal work

14 product issues and potentially

15 attorney-client privilege issues. Let me

16 make a suggestion --

17 MR. WOOD: Okay.

18 MR. KLEIN: -- because I understand

19 your need for jurisdictional discovery.

20 I think there's a relevant inquiry

21 as to whether or not it was an issue in

22 the litigation and something that would

23 have been within the scope of his

24 services that he was performing, without

25 having to get into the specifics of what


Page 63
1 he did to further those efforts.

2 MR. WOOD: Well, let's do that.

3 MR. KLEIN: Yeah.

4 Q. (By Mr. Wood) And that's the

5 question at the moment.

6 At your request, did Don Clark

7 engage in investigative activities in the

8 state of Florida on the question of the cause

9 or causes of Anna Nicole Smith's death in

10 Florida?

11 A. With all due respects, you said it

12 differently --

13 MR. KLEIN: Than I did.

14 THE WITNESS: -- than he did. So

15 now I don't know what to do.

16 Q. (By Mr. Wood) Let me go back and

17 try to see if I can find some happy medium,

18 either by adopting Mr. Klein's.

19 Well, let me go back again. I'm not

20 asking you for the specifics at the moment of

21 what Don Clark did.

22 For example, I'm not asking you who

23 he interviewed and what he learned. But I'm

24 asking you whether at your direction Don Clark

25 did, in fact, engage in investigative


Page 64
1 activities in the state of Florida that

2 related to the cause of the death of Anna

3 Nicole Smith in Florida?

4 MR. KLEIN: And my only suggested

5 correction is at the very end of that

6 sentence. Related to his representation

7 of Vergie Arthur in those proceedings, I

8 don't have a problem with. The moment

9 you get into whether it was Howard Stern

10 and whether he was involved as a cause of

11 her death, that, I have a problem with

12 because now you are getting specific.

13 MR. WOOD: Well --

14 MR. KLEIN: Your issue is whether

15 it's related to the proceedings?

16 MR. WOOD: No. My issue is this

17 lawyer's activities in the state of

18 Florida --

19 MR. KLEIN: I understand.

20 MR. WOOD: -- whatever -- whatever

21 they might be related to.

22 MR. KLEIN: Right.

23 MR. WOOD: But specifically this

24 question is whether there were

25 investigative activities undertaken at


Page 65
1 Mr. O'Quinn's direction in the state of

2 Florida by Mr. Clark related to the cause

3 of the death of Anna Nicole Smith.

4 MR. KLEIN: And that's where I have

5 a problem, is that is very specific as to

6 work product.

7 MR. WOOD: Specific as to scope but

8 it's not specific in any way asking for

9 information that could constitute work

10 product at the moment.

11 MR. KLEIN: Well, how is it any more

12 relevant to the jurisdictional issue as

13 to the specific issues that the

14 investigator was exploring as opposed to

15 he was conducting investigation in the

16 state of Florida on John's behalf?

17 MR. WOOD: Because this man's been

18 sued for comments that he made that we

19 contend accused Howard Stern of

20 involvement in the murder. So I think I

21 clearly entitled to know the scope of the

22 activities of this man or his agents or

23 people agenting on his behalf because it

24 may go to the issue of whether he

25 reasonably expected to be haled into a


Page 66
1 Florida court, and I think I'm right.

2 And I'd like to get an answer today on

3 that. And I won't go into substance. I

4 may just to make the record, but at least

5 at this moment I think I'm entitled to

6 know the scope of Mr. Clark's activities

7 in terms of what he was doing.

8 MR. KLEIN: Let me take a two-minute

9 break.

10 MR. WOOD: Okay. Sure.

11 MR. KLEIN: Let's talk about that.

12 Obviously I don't want to have him come

13 back here and redo this.

14 MR. WOOD: Not unless the weather is

15 better than it is right now.

16 VIDEOGRAPHER: Off the record at

17 10:33.

18 (Thereupon, there was an

19 interruption in the proceedings.)


21 approximately 10:35. We're back on video

22 record. You may continue.

23 Q. (By Mr. Wood) My question,

24 Mr. O'Quinn, is whether there were any

25 investigative activities undertaken at your


Page 67
1 direction within the state of Florida by Don

2 Clark related to the cause of the death of

3 Anna Nicole Smith?

4 A. I believe an issue in the case,

5 legal issue, could be whether Mr. Stern had

6 anything to do with her death, and so in that

7 regard, Mr. Clark did some investigation.

8 Now, whether he did it in Florida or

9 otherwise, I'm not sure.

10 Q. Well, do you believe that he did it

11 in Florida? You know the death occurred in

12 Florida; true?

13 A. True. That's true. Well, actually

14 it involved the death occurred on Indian land.

15 Q. Inside the state of Florida?

16 A. Yes, that's right.

17 Q. And you know that it was

18 investigated in part by members of the

19 Seminole law enforcement agencies and also in

20 conjunction with the medical examiner's office

21 of Broward County; true?

22 A. I've heard that.

23 Q. You don't know that to be true?

24 A. No. I've never talked to those

25 people.


Page 68
1 Q. You've never familiarized yourself

2 with Mr. Perper's investigative findings?

3 A. No, but I understand Mr. Perper is

4 not the Seminole Indian.

5 Q. No, sir. He's the medical examiner

6 in Broward County.

7 Are you familiar with his findings

8 with respect to his investigation into the

9 death of Anna Nicole Smith?

10 A. Some of them. He's expressed some

11 of them.

12 Q. Well, are you telling me you're

13 familiar with some but not all?

14 A. I don't know all of them. I never

15 took his deposition.

16 Q. Yeah, but what he publicly stated

17 and what was publicly released, are you

18 familiar with that information?

19 A. I'm familiar with some things he

20 publicly released. I may be familiar with

21 everything, but I don't know everything that

22 he publicly released. I can't certify that I

23 know everything that he publicly released.

24 Q. Do you believe that it is likely,

25 given that her death occurred in the state of


Page 69
1 Florida, that Mr. Clark's efforts in some part

2 involved investigative activity in the state

3 of Florida?

4 A. May have.

5 Q. Do you think it's likely that it

6 did, sir? I mean, you've been investigating

7 incidents almost 40 years of law practice.

8 This is a death that occurred in the state of

9 Florida.

10 You're telling me that the scope of

11 your engagement included some aspect of the

12 cause of Anna Nicole Smith's death and you

13 tell me that you had an investigator that you

14 were paying to be in Florida that you believe

15 investigated aspects of the cause of her

16 death. Do you believe that it is likely, sir,

17 that he did conduct some investigative

18 activity in the state of Florida at your

19 direction into the cause of her death?

20 A. I don't know.

21 Q. You don't deny that he did, do you?

22 A. Deny he did what?

23 Q. Conducted investigative activity in

24 the state of Florida into the cause of Anna

25 Nicole Smith's death?


Page 70
1 A. I neither admit or deny. I don't

2 know.

3 Q. Did you ever bother to find out what

4 his investigation involved and his findings?

5 A. Well, that goes back to the

6 attorney-client work product.

7 Q. I'm asking you did you ever bother

8 to find out what he had done and what his

9 investigation had revealed or concluded?

10 MR. KLEIN: You can do that.

11 THE WITNESS: Without getting into

12 the -- what he may have said or the

13 details, the answer to your question is

14 yes.

15 Q. (By Mr. Wood) Did you then learn,

16 not the details, that, in fact, part of what

17 he had done, involved investigative efforts,

18 including interviewing witness, in the state

19 of Florida?

20 MR. KLEIN: Now we're getting

21 specific. You know, I'm trying very hard

22 to avoid --

23 MR. WOOD: And I appreciate that and

24 I'm trying hard not to go into who and

25 what they said.


Page 71
1 MR. KLEIN: Yeah.

2 MR. WOOD: But I think that it is

3 relevant to the jurisdictional issues

4 raised in terms of knowing whether or not

5 Mr. Clark was paid by Mr. O'Quinn to be

6 in Florida and was directed by

7 Mr. O'Quinn while in Florida to conduct

8 investigative activities in Florida on

9 the question of the cause of Anna Nicole

10 Smith's death.

11 MR. KLEIN: Which you've asked and

12 he's answered.

13 MR. WOOD: Well, I don't think I've

14 gotten an answer to whether he's

15 acknowledged that Mr. Clark did, in fact,

16 engage in investigative activities in

17 Florida. That's the question I'm trying

18 to get an answer to on the issue of Anna

19 Nicole Smith's death.

20 MR. KLEIN: And he's told you he

21 doesn't know what he did in Florida.

22 Q. (By Mr. Wood) And you've never

23 learned what Mr. O'Quinn -- I mean, Mr. Clark

24 did in Florida in terms of his investigation

25 is that your testimony?


Page 72
1 A. Never learned includes up to the

2 present time. I would say I think I have, to

3 some extent, been told.

4 Q. Well, did you -- have you ever

5 learned that, in fact, he did engage in

6 investigative activities in the state of

7 Florida on the issue of the cause of Anna

8 Nicole Smith's death?

9 MR. KLEIN: Regardless of whether or

10 not he was in Florida at the time?

11 MR. WOOD: No.

12 Q. (By Mr. Wood) Specifically whether

13 Mr. Clark was in Florida at the time, did he

14 engage in any investigative activities?

15 MR. KLEIN: You're missing my point.

16 MR. WOOD: I probably am.

17 MR. KLEIN: And it was probably

18 obscure. If the question is whether he

19 learned while he was performing services

20 in Florida?

21 MR. WOOD: No.

22 MR. KLEIN: All right.

23 MR. WOOD: No. I'm just -- my

24 question is probably unartfully worded.

25 MR. KLEIN: Okay.


Page 73
1 Q. (By Mr. Wood) Let me try to make it

2 simple.

3 You've got Don Clark in Florida on

4 your dime; right?

5 A. Don Clark works for this law firm.

6 Q. You're paying his expenses to be in

7 Florida working for your law firm in

8 connection --

9 A. Me personally, no.

10 Q. -- with your representation of

11 Vergie Arthur; right?

12 A. Me personally, no. The law firm

13 pays his expenses.

14 Q. I understand that.

15 But the point is, sir -- the simple

16 question is did he, in fact, to your knowledge

17 engage in any investigative activities in the

18 state of Florida as it would relate to the

19 issue of the cause of Anna Nicole Smith's

20 death?

21 A. While I was in Florida representing

22 Ms. Arthur, I don't know. I don't know

23 whether he was investigating Florida,

24 investigating elsewhere.

25 Q. I'm not asking you, though, -- I


Page 74
1 don't care when you learned it or where you

2 were when you learned it. I just simply want

3 to know as you sit here today, did he do it?

4 Did Mr. Clark engage in investigative

5 activities in the state of Florida into the

6 issue of the cause of Anna Nicole Smith's

7 death?

8 A. I think he may have after things had

9 switched to the Bahamas. After the legal

10 proceedings switched to the Bahamas.

11 Q. Is it -- is it your best testimony,

12 sir, under oath today that he did, in fact,

13 whatever time that he did it --

14 A. I think time is important.

15 Q. Well, somebody else will have to

16 decide that.

17 I just want an answer to the

18 question now, whether you think it's important

19 or not, did he engage in investigative

20 activities in the state of Florida on behalf

21 of your representation of Vergie Arthur into

22 the cause of the death of Anna Nicole Smith?

23 A. At some point in time, I believe so.

24 Q. When did you meet with Mr. Klein

25 initially to discuss handling the appeal of


Page 75
1 Judge Seidlin's order?

2 A. I don't recall the date.

3 Q. Was it a meeting that took place

4 face to face in Florida --

5 A. Yes.

6 Q. -- at Mr. Klein's law office?

7 A. Yes.

8 Q. And who was present at that meeting?

9 A. A woman named Roberta who's like his

10 appellate lawyer.

11 Q. Handel or Mandel?

12 MR. KLEIN: Mandel.

13 Q. (By Mr. Wood) Mandel, excuse me.

14 Ms. Mandel, Mr. Klein, John

15 O'Quinn --

16 A. True.

17 Q. -- anyone else?

18 MR. WOOD: You can help him out on

19 that one.

20 MR. KLEIN: You weren't there.

21 THE WITNESS: I wasn't there.

22 Mr. McCabe did it.

23 Q. (By Mr. Wood) Mr. McCabe was there

24 for you.

25 A. Because I'm busy in Judge Seidlin's


Page 76
1 court.

2 Q. Well, did you have discussions

3 yourself with Mr. Klein about that

4 arrangement?

5 A. No.

6 Q. Do you know how much you paid for

7 that appeal to be handled?

8 A. No.

9 Q. You knew it was going to be an

10 appeal to be undertaken by the Florida

11 appellate courts?

12 A. Yes.

13 Q. By a lawyer that you engaged on

14 behalf of Vergie Arthur?

15 A. My law firm did.

16 Q. And that you paid for?

17 A. My law firm did.

18 Q. Well, while you were out giving

19 media interviews, were you out, in your role

20 as media spokesman, you were acting on behalf

21 your law firm? Is that your testimony?

22 A. Everything I did was -- I was acting

23 on behalf of my law firm which was acting on

24 behalf of Ms. Arthur.

25 Q. And did you have the authority to


Page 77
1 speak for Ms. Arthur? Did your law firm give

2 you authority to comment publicly about this

3 case in the media?

4 A. Yes. Only because she gave my law

5 firm authority to do it.

6 Q. And when it came time to decide what

7 you would say or what you wouldn't say, you

8 had the authority on behalf of your law firm

9 to make that decision, did you not?

10 A. Yes. To a certain extent, though, I

11 might confer with her about how she felt I

12 should be responding.

13 Q. Right. But other than conferring

14 with Ms. Arthur --

15 A. Right.

16 Q. -- in terms of what you, John

17 O'Quinn, decided to say or not say in the

18 media as part of your representation --

19 A. Right.

20 Q. -- you had the ultimate authority to

21 make that decision on behalf of your law firm;

22 true?

23 A. The ultimate authority comes from

24 the client.

25 Q. Yes, sir. But in terms of acting on


Page 78
1 behalf of the law firm in accordance with the

2 client's direction, you had the authority to

3 make the decision on what you would say or not

4 say on behalf of the client acting for the law

5 firm?

6 A. If the client had authorized the

7 firm to do it, then the rest of your statement

8 is true.

9 Q. Right. And the client did authorize

10 it and you did it; right?

11 A. Did authorize what was said to be

12 said and I did say what was said.

13 Q. And did you have the discussions

14 with Ms. Arthur about what you were going to

15 say while y'all were in the state of Florida?

16 A. Well, now I think we're getting into

17 attorney-client privilege.

18 MR. KLEIN: We are.

19 THE WITNESS: Probably already

20 stepped all over it in answering the

21 other questions.

22 Q. (By Mr. Wood) Well, with all due

23 respect, I don't think that the location of

24 the discussions is attorney-client privilege.

25 I'm asking you, because you're the


Page 79
1 one that said you were authorized by

2 Ms. Arthur to make these statements to the

3 media, and I'm asking whether you had those

4 discussions about your authority and what you

5 were going to go out and say with Ms. Arthur

6 while you-all were together in the state of

7 Florida. That's my question.

8 MR. KLEIN: You can answer that.

9 THE WITNESS: Sometimes.

10 Q. (By Mr. Wood) Okay. I think you

11 told me earlier that you think you gave two

12 interviews while you were actually physically

13 in Florida?

14 A. I believe I said that.

15 Q. Tell me about those interviews.

16 A. One was with Greta Van Susteren and

17 the other was with a -- a woman I do not

18 recall the name of.

19 Q. Rita Cosby? Does that ring a bell?

20 A. Could be.

21 Q. But that doesn't ring a bell to say

22 it is?

23 A. The name is kind of in my memory

24 bank. I don't know why it's in my memory

25 bank. It could be but I really don't know for

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