Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
4
-versus- 09-CR-29
5
JOSEPH L. BRUNO
6
Defendant.
7 ---------------------------------------------
13 Presiding.
14 APPEARANCES:
15
20
7 you.
12 Q. Good morning.
15 BY MS. COOMBE:
19 A. Thank you.
20 (Pause.)
1 yesterday --
2 A. Yes.
4 this week?
5 A. Yes.
8 BY MS. COOMBE:
12 A. Yes.
14 Incorporated.
15 A. Yes.
20 A. Yes.
24 A. No.
2 A. Okay.
4 involving Interliant?
5 A. Yes.
7 Interliant?
11 A. Correct.
13 Incorporated?
18 A. I don't know.
24 BY MS. COOMBE:
1 Exhibits GV 6 and GV 7.
2 A. Thank you.
5 said Victor.
8 BY MS. COOMBE:
10 A. Yes, I do.
12 documents?
13 A. Yes.
25 A. Okay.
BONNIE J. BUCKLEY, RPR, CRR
UNITED STATES COURT REPORTER - NDNY
6
GLUCHOWSKI - DIRECT - COOMBE
2 27 --
3 A. I'm there.
5 yourself.
7 Q. Did I ask you this question and did you give this
8 answer:
21 A. Yes.
7 $20,000 a month?
11 Gardner?
12 A. No.
15 A. Yes, I was.
23 Q. Did I ask you this question and did you give this
24 answer:
1 business had ongoing disputes with ConEd about the way they
4 disputes?
11 that I knew that, you know, if it's true, that Senator Bruno
15 believe that could be one of the things that they wanted him
16 to do.
17 Did I ask you that question and did you give that
18 answer?
19 A. Yes.
22 Edison's interests?
23 A. No.
1 A. No.
4 A. No.
7 Consolidated Edison?
8 A. No.
10 A. Yes.
13 BY MS. COOMBE:
15 A. Thank you.
18 A. Yes, I do.
7 good idea for him to enter into the agreement because it was
9 Mr. Perdue had too much to say over Senator Bruno's duties
19 Q. Correct.
3 commissions?
4 A. Yes.
6 commissions and --
9 retainer instead?
16 what I mean.
21 things where they weren't certain what facts would turn out
22 to be.
2 think it was a good idea for him to enter into the agreement
13 don't remember.
25 it.
BONNIE J. BUCKLEY, RPR, CRR
UNITED STATES COURT REPORTER - NDNY
13
GLUCHOWSKI - DIRECT - COOMBE
7 BY MS. COOMBE:
10 A. Thank you.
14 Bruno.
6 agreement.
15 and that's the kind of work that he was going to do. And I
21 A. Sure.
5 that improved the value of the company and then the company
10 A. Yeah.
13 was to pay him $10,000 per month. And I believe the term
16 A. Yes.
23 did for the money, that there would be some record to rely
24 on.
1 he should use the Senate staff and his Senate office for
3 office?
8 A. Yes, I did.
18 interests.
7 BY MS. COOMBE:
9 A. Thank you.
12 A. Mm-hmm.
14 please.
15 A. Yes.
17 A. Yes, it is.
20 A. That is correct.
23 A. That's correct.
1 signed.
5 Mr. Abbruzzese?
19 BY MS. COOMBE:
21 Exhibit GU 5.
22 A. Thank you.
24 A. Yes.
3 of previously.
5 document?
7 Q. What work did Senator Bruno do for CTA and C & TA?
13 protocol.
16 A. No, I do not.
24 Q. Were you --
2 over any changes that occurred from the prior year, and work
8 this time.
11 BY MS. COOMBE:
13 A. Thank you.
15 Mr. Gluchowski?
16 A. Yes.
17 Q. What is it?
25 the attachment B.
BONNIE J. BUCKLEY, RPR, CRR
UNITED STATES COURT REPORTER - NDNY
21
GLUCHOWSKI - DIRECT - COOMBE
5 disclosed?
10 A. GU 1?
12 A. Oh. It doesn't.
15 Consultants?
16 A. It doesn't.
19 A. Mm-hmm.
23 A. Right.
24 Q. -- see attachment A.
25 A. Mm-hmm.
BONNIE J. BUCKLEY, RPR, CRR
UNITED STATES COURT REPORTER - NDNY
22
GLUCHOWSKI - DIRECT - COOMBE
6 requirements.
10 A. That's correct.
13 BY MS. COOMBE:
15 Exhibit GU 3 and GU 6.
16 A. Thank you.
24 corporation.
1 the memorandum?
2 A. Yes.
14 A. Yes.
17 handwriting.
19 later"?
1 BY MS. COOMBE:
3 Exhibit GU 15.
4 A. Thank you.
9 June 005.
16 BY MS. COOMBE:
21 A. Yes.
22 Q. Okay.
24 (Laughter.)
1 C & TA?
3 don't, I don't recall where I heard that from, but that was
5 just easy for Motient to provide the funds for the contract.
7 would do the same type of work that he did for CTA and
12 Corporation?
18 A. No.
21 BY MS. COOMBE
23 Exhibit GU 24.
24 A. Okay. Thanks.
12 the payments that had started with CTA and C & TA and then
14 Terrestar?
20 compensation.
23 with Terrestar?
24 A. No.
5 BY MS. COOMBE:
7 Exhibit GU 28.
8 A. Thank you.
14 A. Yes.
17 BY MS. COOMBE
20 A. Yes.
21 Q. What is it?
25 Bruno.
BONNIE J. BUCKLEY, RPR, CRR
UNITED STATES COURT REPORTER - NDNY
28
GLUCHOWSKI - DIRECT - COOMBE
2 agreement?
10 A. Yes.
11 Q. 2008?
12 A. Yes.
16 Q. Twenty-one.
17 A. Okay. Yes.
18 Q. Did I ask you this question and did you give this
19 answer:
2 NYRA franchise.
3 Did I ask you that question, and did you give that
4 answer?
19 affiliated with?
8 agreement?
9 A. Yes.
12 purchase, and can't remember right now what date that was,
19 was did Earle Mack have business before the State. And he
20 said none that he knew of. And I think he knew that Earle
4 horseflesh.
8 business.
11 A. Yes.
17 heard this from Pat Stackrow for sure and possibly from
18 Senator Bruno himself, that March 1 was the day that they
25 Mr. Abbruzzese?
BONNIE J. BUCKLEY, RPR, CRR
UNITED STATES COURT REPORTER - NDNY
32
GLUCHOWSKI - DIRECT - COOMBE
1 A. No.
4 financial disclosure?
5 A. Yes, I was.
8 A. Yes.
11 A. Yes.
17 financial disclosure?
18 A. No, it is not.
8 out to Pat Stackrow that this was a grey area and I didn't
12 BY MS. COOMBE:
14 Exhibit GU-102.
15 A. Yes.
17 A. Yes.
18 Q. This is a note --
19 A. Mm-hmm.
22 A. Right.
18 A. Yes.
21 handwriting.
23 A. Thank you.
13 Q. So --
21 happened?
23 most.
10 horses?
11 A. I don't know.
17 A. I don't know.
20 BY MS. COOMBE:
23 A. Thank you.
25 A. Yes.
BONNIE J. BUCKLEY, RPR, CRR
UNITED STATES COURT REPORTER - NDNY
37
GLUCHOWSKI - DIRECT - COOMBE
4 joint venture.
8 believe.
11 58.
12 A. Okay. Yes.
15 date --
16 A. Mm-hmm.
19 the mares?
20 A. Right.
24 A. Mm-hmm.
2 A. Right.
10 Q. Okay.
11 (Pause.)
14 for $80,000.
16 agreements.
17 A. Okay.
20 about --
2 owner, legally.
4 A. Yes.
6 agreements?
8 Stackrow.
11 A. Yes.
13 A. June 1, 2006.
15 A. No.
18 BY MS. COOMBE:
21 A. Thank you.
1 them to me.
20 also destroy any copies of the document which may have been
23 October 19th?
24 A. Yes.
25 Q. 2006?
BONNIE J. BUCKLEY, RPR, CRR
UNITED STATES COURT REPORTER - NDNY
41
GLUCHOWSKI - DIRECT - COOMBE
1 A. Right.
17 services for these two foals that were at the site of the
23 A. Yes.
25 A. That's my address.
BONNIE J. BUCKLEY, RPR, CRR
UNITED STATES COURT REPORTER - NDNY
42
GLUCHOWSKI - DIRECT - COOMBE
2 A. Yes, it is.
12 franchise.
18 Mr. Abbruzzese --
20 that, Ron.
23 A. Right.
2 would be forgiven?
3 A. Yes.
6 BY MS. COOMBE:
8 A. Thank you.
10 Mr. Gluchowski?
15 September of 2005?
16 A. I believe so.
23 A. No, I don't.
7 Dr. Bilinski.
9 looking for?
14 57.
15 A. Mm-hmm.
18 looked at?
1 page?
5 A. On which document?
9 Q. Fifty-seven.
10 A. Fifty-seven ...
13 A. Yes, I do.
15 A. Yes.
17 A. Yes.
20 third of the amount that the offspring were sold for at the
22 A. Yes.
3 bargainer. (Laughter)
8 Honor.
13 A. Good morning.
18 A. Yes.
19 Q. Did you hear her question, why did Mr. Bruno want
1 A. Oh.
3 tell you that he did not want to put the name of Abbruzzese
15 BY MR. LOWELL
17 ethics issues?
19 2008.
20 Q. So that's 11 years?
21 A. Yes.
1 A. Yes, sir.
4 Bruno.
6 A. Yeah.
9 A. Yes.
11 did, did Mr. Bruno ever tell you how to come out on an
17 that Mr. Bruno never said to you I don't want to report the
18 names of anybody?
24 A. Yes.
4 A. Correct.
10 A. Yes.
15 screen.
18 screen.
22 A. Yes.
24 A. Mm-hmm.
1 C 54, you'll see that the letter that came to the committee
3 A. Ah...
4 Q. Do you see C 54 --
7 A. Yes.
9 A. Yes.
15 A. Yes. By name?
4 A. Yes.
6 they?
11 that meeting but Jack Casey was. Carolyn Kearns would have
13 of Robert Bergin.
16 A. What's that?
20 A. Yes.
23 A. Yes. Right.
25 A. Yes.
BONNIE J. BUCKLEY, RPR, CRR
UNITED STATES COURT REPORTER - NDNY
52
GLUCHOWSKI - CROSS - LOWELL
2 A. Yes.
4 in a second, but you did that, not by yourself, you had help
6 A. Right.
17 the committee.
23 described?
24 A. Right.
4 A. Yes.
7 A. Right.
9 submitted?
10 A. That's true.
12 A. Yes.
15 A. Yes.
18 A. Correct.
20 A. Yes.
22 A. Mm-hmm. Yes.
3 A. Yes.
8 investment brokers?
9 A. Yes.
11 A. Right.
14 A. Mm-hmm. Yes.
17 A. Yes.
23 correct?
24 A. That is correct.
1 A. Yes.
4 A. Correct.
7 A. It was.
9 that you worked with had any questions that you needed
16 that was the protocol. Actually less so later on. When the
19 the staff did. The committee wanted to make sure that the
24 A. Yes.
5 intelligent decision.
16 A. Yes.
19 A. That's correct.
22 issues?
25 A. Yes.
BONNIE J. BUCKLEY, RPR, CRR
UNITED STATES COURT REPORTER - NDNY
57
GLUCHOWSKI - CROSS - LOWELL
4 months.
6 A. Yes.
8 A. Yes.
11 a careful person?
12 A. Yes.
17 A. Yes.
19 A. Yes.
23 A. No.
25 Mr. Bruno and exclude any fact that you thought was
BONNIE J. BUCKLEY, RPR, CRR
UNITED STATES COURT REPORTER - NDNY
58
GLUCHOWSKI - CROSS - LOWELL
1 necessary?
2 A. No.
4 A. No.
6 A. No.
9 screen, please.
15 A. Yes.
22 passed upon.
5 BY MR. LOWELL:
11 see that?
12 A. Yes.
15 A. Right.
18 A. Yes.
21 A. Right.
24 A. Yes.
1 A. Yes.
7 A. Yes.
10 A. Right.
13 A. Right.
22 understood it.
23 A. As I understood it.
25 BY MR. LOWELL:
BONNIE J. BUCKLEY, RPR, CRR
UNITED STATES COURT REPORTER - NDNY
61
GLUCHOWSKI - CROSS - LOWELL
4 also --
7 please.
8 BY MR. LOWELL:
12 please.
20 BY MR. LOWELL
22 A. Okay.
25 benefit. You talked a moment ago about what you said about
BONNIE J. BUCKLEY, RPR, CRR
UNITED STATES COURT REPORTER - NDNY
62
GLUCHOWSKI - CROSS - LOWELL
7 BY MR. LOWELL:
9 A. Yes.
22 you were aware at some point that there was this employment?
23 A. Yes.
25 A. Right.
BONNIE J. BUCKLEY, RPR, CRR
UNITED STATES COURT REPORTER - NDNY
63
GLUCHOWSKI - CROSS - LOWELL
3 yesterday?
4 A. Yes.
6 A. Yes.
10 A. Yes.
14 meet with prosecutors and the FBI over the last few years?
16 Q. Now, when you were trying -- did you, did you have
19 A. No.
24 time sequence?
7 to a part-time employee?
10 A. No.
21 BY MR. LOWELL:
24 A. Yes, I am.
1 A. Okay.
3 A. Yes. 1998.
6 A. Yes.
9 George.
18 You know, his concern would have been to make sure it was
23 Q. And that...
2 convenient for you to take the morning break. But I'm sorry
8 asking.
16 BY MR. LOWELL:
24 A. Yes.
14 A. Involved in understanding?
22 to the witness?
2 (Pause.)
6 BY MR. LOWELL:
10 A. Thank you.
15 again?
17 BY MR. LOWELL:
20 A. Okay.
21 Q. Thank you.
4 highlighted?
5 BY MR. LOWELL
7 them to yourself, and tell me when you're done, look up, and
9 (Pause.)
11 first page.
15 A. Okay.
17 (Pause.)
23 BY MR. LOWELL
1 A. Okay. Yes.
3 A. This (speaking)
8 Does it?
9 A. Yes.
12 2006.
18 to employee.
7 A. Yes.
16 A. Yes, I remember.
19 employment?
20 A. Yes.
24 And our conversation together and then with Miss George was
3 conversations?
4 A. Yes.
6 A. Yes.
8 A. Yes.
10 Mr. Bruno did or did not seek any additional advice after
12 A. Yes.
16 A. Yes.
18 a particular memo that was shown to you, that memo was 2006.
21 Mr. Gluchowski?
22 A. Oh, yes.
24 the same. But now you see that this memo is dated 2006,
25 right?
BONNIE J. BUCKLEY, RPR, CRR
UNITED STATES COURT REPORTER - NDNY
73
GLUCHOWSKI - CROSS - LOWELL
1 A. Yes.
3 A. Mm-hmm.
5 that?
6 A. Yes.
8 A. Yes.
12 A. Mm-hmm. Yes.
13 Q. And after?
14 A. Correct.
16 A. Yes.
18 Mr. Comer?
19 A. Yes.
21 initiated it to you?
25 A. Yes.
BONNIE J. BUCKLEY, RPR, CRR
UNITED STATES COURT REPORTER - NDNY
74
GLUCHOWSKI - CROSS - LOWELL
3 A. Yes.
5 A. Right.
7 A. As far as I know.
16 A. Yes.
19 A. Yes.
21 members.
22 A. Yes.
3 could have and probably will have some interests before the
8 interests, correct?
9 A. No.
13 they would all benefit from their own tax cut. So there has
20 right?
21 A. Yes.
23 sometime.
8 introduced?
13 other advice you gave to members or staff, was the fact that
22 BY MR. LOWELL
6 question.
7 A. No, I didn't.
9 you gave?
10 A. Right.
14 attention?
15 A. Yes.
16 Q. Why?
3 directly.
6 A. Right.
12 Q. And that was why at that point you said don't call
13 Mr. Comer?
14 A. Yes.
19 was yet another time that you became involved in the issue
21 A. Yes.
23 A. Yes.
6 A. Yes.
8 A. Helen George.
16 A. Yes.
19 was raised?
20 A. Yes.
22 A. Yes.
25 A. Yes, I did.
BONNIE J. BUCKLEY, RPR, CRR
UNITED STATES COURT REPORTER - NDNY
80
GLUCHOWSKI - CROSS - LOWELL
8 A. Okay.
12 (Pause.)
15 conversation?
16 A. Yes.
20 Mr. Bruno and Wright were doing caused any issues; is that a
22 A. It's fair.
24 subject?
5 did not think that his continued relationship with the firm
8 point.
10 Mr. Riddett?
13 there was anything about the rules that you were advising
15 A. Yeah.
7 Court decision.
8 BY MR. LOWELL
15 A. Yes.
17 vague subject --
18 A. Right.
20 your head?
21 A. Yes. I --
23 opinion between it being vague and what you said about this
2 A. Right.
4 BY MR. LOWELL:
8 unconstitutional.
11 BY MR. LOWELL:
4 BY MR. LOWELL:
6 A. Yes.
9 employees could have part time, and you were saying that as
12 A. I told her that the law was not clear and ... and
13 that there had been a lower court case that held so, and
14 that the language -- and the reason that it's not clear is
20 BY MR. LOWELL
22 interest law, both in the one you were telling her about --
23 A. Right.
25 A. Yeah.
BONNIE J. BUCKLEY, RPR, CRR
UNITED STATES COURT REPORTER - NDNY
85
GLUCHOWSKI - CROSS - LOWELL
9 or not the unions for whom Mr. Wright -- sorry -- Mr. Bruno
10 and Wright Investors Services were doing any work, did the
12 A. Yes.
23 BY MR. LOWELL
5 A. Yes.
7 A. Yes.
9 an accurate statement of --
10 A. No. No.
14 VyTek.
15 A. Mm-hmm.
24 A. No.
5 A. Right.
8 A. Yes.
10 A. Yes.
12 A. Yes.
14 A. Correct.
16 A. Also. Yes.
18 remember that?
19 A. Yes.
21 see that?
22 A. Yes.
24 A. Yes, I do.
1 A. No, I do not.
3 A. Yes.
11 me to recognize it.
16 A. Yes.
23 BY MR. LOWELL
2 A. Yes, I do.
6 that?
7 A. Yes.
9 the last page. One more please. And if you look at the
10 bottom right.
11 A. McGinn Smith.
17 A. Yes.
20 A. Yes.
21 Q. Re similar?
22 A. Yes.
2 did.
10 BY MR. LOWELL
17 with one.
20 A. Yes.
24 A. Yes, I do.
2 A. Yes.
8 And I did. You know, he would ask me to, you know, given
9 what I knew about the State ethics laws, to take a look and
15 A. Yeah.
18 A. No.
21 A. No.
23 A. Yes.
25 various pages. And the next page. And the next page. And
BONNIE J. BUCKLEY, RPR, CRR
UNITED STATES COURT REPORTER - NDNY
92
GLUCHOWSKI - CROSS - LOWELL
2 that right?
7 A. Yes.
9 various --
12 correct?
13 A. Yes.
15 right?
16 A. No.
19 A. No.
21 A. No.
23 this advice you had seen the name Sage Alerting, right?
24 A. Yes.
3 correct?
4 A. Yes.
6 does it say?
25 enterprise?
BONNIE J. BUCKLEY, RPR, CRR
UNITED STATES COURT REPORTER - NDNY
94
GLUCHOWSKI - CROSS - LOWELL
1 A. Oh, yes.
3 page of the -- the one before with Mr. Riddett. Thank you.
5 paragraph.
12 competitively bid.
15 is an example?
16 A. Yes.
18 A. No, I don't.
21 come up again?
25 A. Yes.
BONNIE J. BUCKLEY, RPR, CRR
UNITED STATES COURT REPORTER - NDNY
95
GLUCHOWSKI - CROSS - LOWELL
2 this?
11 A. All right.
13 this memo?
14 A. Yes.
16 Riddett?
17 A. Yes.
19 A. Yes.
23 A. Right.
2 A. Yes, it is.
5 A. Yes, it is.
7 Mr. Riddett tell you how he wanted you to come out the
8 second time?
11 A. No.
13 A. Yes.
15 A. As far as I know.
18 did you understand that was really him saying find a way
24 A. As I understand it.
1 you to tell us what the law is? That's all we're talking
4 BY MR. LOWELL
9 A. Yes.
13 a whole?
15 A. Yes.
17 to do with?
18 A. Yes.
20 A. Yes.
24 A. Yes.
1 A. Mm-hmm.
2 Q. Head.
3 A. Yes.
6 A. Right.
9 Barr.
11 you identified?
12 A. Yes.
17 he understood it.
19 to make sure that your review was to see whether or not the
21 A. Yes.
23 A. I did.
3 that?
4 A. Yes.
6 legislator?
7 A. Yes.
9 A. Correct.
11 private service?
12 A. Yes.
15 A. Yes.
17 A. Yes.
22 A. Yes, I do.
23 Q. And she said but this contract says the name Joe
24 Bruno. Remember?
25 A. Yes, I do.
BONNIE J. BUCKLEY, RPR, CRR
UNITED STATES COURT REPORTER - NDNY
100
GLUCHOWSKI - CROSS - LOWELL
3 A. That's correct.
21 more --
22 Q. Look at --
4 A. Yes.
7 A. Yes.
9 A. Correct.
11 paragraph?
16 A. Yes, sir.
18 entity, right?
19 A. Yes, I did.
23 A. Yes.
25 called Motient.
BONNIE J. BUCKLEY, RPR, CRR
UNITED STATES COURT REPORTER - NDNY
102
GLUCHOWSKI - CROSS - LOWELL
1 A. Yes.
3 what's listed?
19 correct?
20 A. Yes.
22 Consultants, correct?
23 A. Correct.
25 A. Right.
BONNIE J. BUCKLEY, RPR, CRR
UNITED STATES COURT REPORTER - NDNY
103
GLUCHOWSKI - CROSS - LOWELL
2 this was something you were involved in, because it's being
3 sent to you?
4 A. Yes.
8 A. Yes.
13 A. Correct.
16 business, right?
19 A. Yes.
25 BY MR. LOWELL:
BONNIE J. BUCKLEY, RPR, CRR
UNITED STATES COURT REPORTER - NDNY
104
GLUCHOWSKI - CROSS - LOWELL
3 on the bottom?
4 A. That's mine.
7 A. Yes.
10 A. Yes, it does.
12 process?
13 A. Yes, it does.
18 Jr. to Rob Macklin. I don't know if you know who those are.
19 A. Yes.
23 entities --
24 A. Yes.
1 A. That's correct.
4 A. Yes.
6 BY MR. LOWELL:
12 BY MR. LOWELL
15 A. Yes.
17 A. Correct.
20 A. Mm-hmm. Yes.
23 A. That's correct.
4 were.
5 Q. Right.
8 but I was under the belief that he was associated with these
15 A. Right.
17 A. That's correct.
18 Q. And you said that you did this work. Miss Coombe
20 A. Yes.
21 Q. -- on some of these.
22 A. Right.
24 A. Yes.
2 conference --
3 A. Yeah.
6 A. Yes.
9 A. Correct.
11 A. Yes.
13 A. Some.
20 A. No.
12 limitation?
20 admitted it.
25 A. Yes.
BONNIE J. BUCKLEY, RPR, CRR
UNITED STATES COURT REPORTER - NDNY
109
GLUCHOWSKI - CROSS - LOWELL
2 A. Yes.
6 see that?
7 A. Yes.
11 A. Yes.
14 Thoroughbred Consultants?
15 A. Mm-hmm.
17 A. Yes.
19 A. Yes.
21 A. No.
23 A. Yes.
25 A. Correct.
BONNIE J. BUCKLEY, RPR, CRR
UNITED STATES COURT REPORTER - NDNY
110
GLUCHOWSKI - CROSS - LOWELL
2 horses?
3 A. Mm-hmm yes.
5 A. Yes.
8 buyer?
9 A. Yes.
11 A. That's correct.
13 date, correct?
15 Q. I'm sorry.
16 A. Yes.
18 Highclere.
19 A. Yes.
21 A. Yes.
23 A. Yes.
25 to Kobe Bryant?
BONNIE J. BUCKLEY, RPR, CRR
UNITED STATES COURT REPORTER - NDNY
111
GLUCHOWSKI - CROSS - LOWELL
4 BY MR. LOWELL:
8 A. Yes.
10 A. Correct.
13 A. Yes, it does.
15 A. Yes.
18 different valuations?
19 A. Correct.
22 and appraisal.
25 valuations.
BONNIE J. BUCKLEY, RPR, CRR
UNITED STATES COURT REPORTER - NDNY
112
GLUCHOWSKI - CROSS - LOWELL
5 the question.
7 question, Judge.
11 BY MR. LOWELL:
14 A. Yes, it does.
23 that this is that difficult, can you see the numbers for --
25 A. Right.
BONNIE J. BUCKLEY, RPR, CRR
UNITED STATES COURT REPORTER - NDNY
113
GLUCHOWSKI - CROSS - LOWELL
4 different numbers?
5 A. Yes, I do.
8 A. Yes.
10 understood?
11 A. Yes.
15 A. Yes.
18 A. Correct.
21 money. (Laughter)
23 ethics?
8 A. Yes.
10 John.
12 A. Right.
25 that.
BONNIE J. BUCKLEY, RPR, CRR
UNITED STATES COURT REPORTER - NDNY
115
GLUCHOWSKI - CROSS - LOWELL
2 A. Exactly.
6 A. Yes.
14 correct?
15 A. (No response.)
2 ethics law?
5 A. Yes.
7 the case?
11 A. Yes.
22 A. Yes.
23 Q. In those interests.
24 A. Mm-hmm.
2 interest, right?
3 A. Correct.
5 A. Yes.
14 A. Yes.
16 subjective?
21 venture.
22 A. Correct.
23 Q. Why?
11 requirement to be listed.
18 partnership.
20 BY MR. LOWELL:
22 A. Yes.
25 the last page. I'm sorry, the last two pages. And if
BONNIE J. BUCKLEY, RPR, CRR
UNITED STATES COURT REPORTER - NDNY
119
GLUCHOWSKI - CROSS - LOWELL
1 you'll enlarge the -- that's it, enlarge the one on the left
2 please.
5 entities involved?
9 expenses listed?
10 A. Yes.
12 A. Yes, I do.
15 A. Mm-hmm. Yes.
17 A. Yes, I do.
19 the same?
20 A. Yes.
22 the same?
23 A. Yes.
25 different?
BONNIE J. BUCKLEY, RPR, CRR
UNITED STATES COURT REPORTER - NDNY
120
GLUCHOWSKI - CROSS - LOWELL
1 A. Correct.
5 A. Correct.
8 A. Correct.
11 the case?
12 A. Correct.
16 A. That's true.
17 Q. And with what you saw, what you did, you made a
18 conclusion?
19 A. Correct.
22 Q. And Mr. --
24 Q. Right.
25 A. Not in 2005.
BONNIE J. BUCKLEY, RPR, CRR
UNITED STATES COURT REPORTER - NDNY
121
GLUCHOWSKI - CROSS - LOWELL
2 in your analysis?
3 A. No.
8 always did.
13 A. Correct.
18 A. Yes, I was.
20 Consultants.
21 A. Correct.
25 Mr. Ball was associated with, and ConEd? Do you know what
BONNIE J. BUCKLEY, RPR, CRR
UNITED STATES COURT REPORTER - NDNY
122
GLUCHOWSKI - CROSS - LOWELL
1 years?
2 A. No.
4 consultancy?
5 A. I don't know.
8 disputes?
9 A. No, I don't.
11 expanding business?
12 A. Yes.
17 both into Westchester work and Long Island work, yeah Long
18 Island, yeah.
19 Q. Now --
20 A. The adjacent --
21 Q. Sorry.
1 A. Yes.
4 A. Right. Yes.
6 right?
7 A. Yes.
9 A. Mm-hmm.
13 A. Yes.
19 A. Yes.
21 he was.
22 A. Yes.
6 look at a contract?
7 A. Yes, it did.
9 A. Correct.
16 top?
17 A. Yes.
21 A. Yes.
24 A. I see that.
1 had a conversation.
6 A. Oh, yeah.
9 about it, and I'm sure I said it wasn't a good idea. That's
10 what I remember.
15 A. Appears to be so.
17 Honor, but it will take more than five minutes. Would you
18 like me to continue?
20 best estimate?
22 or 20.
1 point until 1:00. The jury will step aside. The parties
3 Gluchowski.
9 this down and we think about the topic that I discussed with
15 separate issue. Who told who what and upon what advice did
17 defense. But the question well could come up, given the
21 regard.
7 take this issue and either, one, clarify it, which the
13 the planet --
16 Unless you --
1 Rule 403, we're not getting off into what anyone else may
2 have done. The issue here is what was done here and what
8 joint venture is. I'm not sitting here telling you I know
10 have no clue. I have less clue now than when I started this
21 don't. And we'll revisit that at the right time when you
22 tell me.
24 not have done on the basis on any evidence I've heard thus
9 purpose. But we're not going beyond that under Rule 403.
20 * * * * *
21
22
23
24
25
BONNIE J. BUCKLEY, RPR, CRR
UNITED STATES COURT REPORTER - NDNY