chic

Blackstone Stationers, Inc., Lynbr~o!<. N.Y. (212) 527-4200 (5 16) 599·6411

[ M,arl::"'~ppropriate Boxes

D IND IVIDUAL VERIFICATrON

STATE OF NEW YORK, COUNTY OF SS.:

, being duly sworn, deposes and says, t hat

ponent is the in the within action ; that depo nen t has
read the foregoing and knows the contents thereof; that
same is true to deponent's own knowledge, except as to the matters therein stated to be aUeged on information and belief,
d that as to those matters deponent believes it to be true.
0 CORPORATE VERIFICATION

deponent is the of the corporation

named in the within action; that deponent has read the foregoing
and knows the contents thereof; and that the same is true to deponent's ow n knowledge, except as to the matters therein stated
to be a lleged upon iJ1formation and belief, and as to those matters deponent believes it to be true. This verifi ca tion is made by
deponent because
is a corporation. Deponent is an officer thereof, to wit, its
The grounds of deponent's belief as to all matters not stated upon deponent's know ledge are as follows :

Sworn to before me, this day of 19

D ATTORNEY'S AFFIRMATION

STATE OF NEW YORK , COUNTY OF ss.:

T he undersigned, an attorney admitt ed to practice in the courts of New Yor k State;

shows, that deponent is
the attorney(s) of record for
in the within action; that deponent has read the foregoi ng
and knows the co ntents thereof; that same is true to deponent's own knowledge, except as to t he matters th ere in stated to be
aUeged o n information and belief, and that as to those matters deponent believes it to be true . Deponent further says that the
reason this verification is made by deponent and no t by

The grounds of deponent's belief as to aU matters not stated upon deponent's knowledge are as follows:

T he undersigned affirms that th e foregoing statements are true, under the pena lties of perjury.

D CERTIFICATION BY ATTORN EY

i-;rtifies that the within has been co mpared by the undersigned with tile original and
~und to be a true and com plete copy .

Dated :
0 AFFIDAV IT OF SERVICE BY MAIL

STATE OF NEW YORK, COUNTY OF ss. :

---
being duly sworn, deposes and says, that deponent is not a party to the action , is over 18 years of age and resides at

That on the day of 19 d eponent served the within

on a ttorney(s) for
in this action , at
t he address d esigna ted by said attorney( s) for t hat purpose
depositing a true copy of same enclosed in a post-paid properly addressed wrapper, in a-post offi ce-official depository under
exclusive care and custody of the United States Postal Service within the S tate of New York.
0 AFFIDAV IT O F PERSONAL SERV ICE

on
e herein, by delivering a true copy thereof to h persona lly. Deponent knew t he
__rson so served to be the person mentioned and describe d in said papers as the therein.
Sworn t o before me, this day of 19
 Ind ex No . ......................................... .. 19
NOTICE OF ENTRY

Sir PLEASE TAKE NOTICE that the within SUPREME COURT: STATE OF NEW YORK
is a true~rtifi ed copy of a
COUNTY OF NEW YORK
Ii
duly entered in the o ffice o1 the c lerk of the wit hin
named court
19
CHIC EDER,
on

Dated: 19
Plaintiff,
Yours, etc.,

ROSENSTEIN & KAHN -against-

Atto rneys for

Office end Post Office Address ALAN J. WEBERMAN, a/k/a, A. J.

225 BROADWAY WEBERMAN I WILLIAM J. RYAN I
NEW YORK, N.Y. 10007
MARIANNE PARTRIDGE , RUPPERT
To:
MURDOCK and THE VILLAGE VOICE,
---- Attorney for INC.
Defendants.
NOTICE OF SETTLEMENT
I'
Sir PLEASE TAKE NOTICE that COMPLAIN'l'

of which the within is a t rue copy will be presented

ROSENSTEIN & KAHN
for settlement to Mr. Justice

one of the Justices of the within named Court

Attorneys for Plaintiff
Office and Post Off ice Address
---
at 225 BROADWAY
on the day of 19 NEW YORK, N.Y. 10007
(212) 374-1438
at M.
Dated: 19
To: Esq
Yours, etc.,

ROSENSTEIN & KAHN

Attorney for
Attorneys for

Office and Po st Office Address Service of a copy of the within

225 BROADWAY is hereby admitted :
NEW YORK, N.Y. 10007
~
Dated, N.Y ., 19
To : Esq

Attorney for Attorney for

"
Blac ksto 11c S 1a rio11ers, lire., 585 Merrick Rd. , Lynbrook, N. Y.

I I
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SUPREME COURT OF THE STATE OE' NEW YORK

COUNTY OF NEW YORK Index No. ·

----------------~--------------------x

CHIC EDER,
Plaintiff designates
Plaintiff, New York County as
the place of trial
- against-
The basis of venue is
ALAN J. WEBERMAN, a/k/a A. J. defendants' resi-
WEBERMAL~, ·WILLIAM J. RYAN, denc.es and plac·e of
MARIANNE PARTRIDGE, RUPERT . business
MURDOCH and THE VILLAGE VOICE,
INC. SUMMONS

Defendants.

-------------------------------------x
:rro·· the above named defendants:
YOU ARE HEREBY
..· ..
SUMMONED to answer the complaint in this action and to serve a

copy of your answer, or if the complaint is not served with the

summons to serve a notice of appearance on the plaintiff's

•
attorneys within twe nty {20) days after the service of this

summons , exclusive of the date of service (or with i n thirty

(30) days after the service is complete if this summons is

not personally delivered within the State of Ne w York) : and in

case of your failure to appe ar or answer, judgment wili be

taken against you by default for the relie f demanded in this

•
 i

c omplaint .

Dated: New York, New York

December 29, 1978

ROSENSTEIN & KAHN, ESQS.

Attorneys for Plaintiff
225 Broadway
New York, New York 10007
(212) 374-1438

Defendants' addresses:

ALAN J. WEBERMAN
6 Bleeker Street
New York, New York

THE VILLAGE VOICE, INC.

80 University Place
New York, New York 10003 ··' -
WILLIAM J. RYAN
c/o The Village Voice, Inc.
(See above address)

MARIANNE PARTRIDGE
c/o '11he Village Voice, Inc.
(See above address}

RUPERT"_'MURDOCEC
c/o The New York Post
210 South Street
New York, New York

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK Index No.

----------------~--------~-------------x

CHIC EDER,
:
Plaintiff, COMPLAINT .

-against-

ALAN J. WEBER1'1AN, a/k/a

A. J.
WEBERMAN, WILLIAM J. RYAN, .
MARIANNE PARTRIDGE, RUPERT
MURDOCH and THE VILLAGE VOICE,
INC.

Defendants.

---------------------------·-------------x
Plaintiff, by Rosenstein & kahn, Esqs., his a~torneys,

for his complaint against the defendants alleges as follows:

.. ~ ..
AS AND FOR A FIRST CAUSE OF ACTION
AGAINST TEE DEFENDANT ALAN J. WEBERMAN

1. The defendant A. J. WEBERMAN, is and at all times

relevant and ~aterial hereto was a citizen and resident of

the State of New York and a writer and occasional contributor

of articles to the publication known as The Village Voice.

_2. On information and belief, the defendant MARIAJ.'\JNE

PARTRIDGE, is and at all times relevant and material hereto

was a citizen and resident of the State of New York and the

editor of '!'he Village Voice.

3. on information and belief and at all times relevant

and material hereto, defendant, WILLIAM J. RYAN, was a citizen

....I
\ .
and resiqent of the State of New York and publisher of The

Village Voice and President of the defendant, THE VILLAGE VOICE ,

INC.

4. On information and belief, defendant RUPERT.

MURDOCH, is and at all times relevant and material hereto was

a citizen of Australia, and a resident of the State of New York

and the publisher and editor in fact of '11he Village Voice.

Said defendant, on . information and belief is a director of the

defendant, THE VILLAGE VOICE, INC., and exercises complete control

of that Corporation; by virtue of his ownership of the controlling

majority shares of the Corporation's outstanding stock.

5. The defendant, THE VILLAGE VOICE, INC. (herein-

··' ...
after the Corporation) is and at all times hereinafter mentioned

was a Corporation duly organized and exis~ing under the laws

of the State of New York with its principal office and place

of business in the City, County and state of New York, where

it is engaged in the business of publishing a weekl~ newspaper

entitled The Village Voice.

6. Plaintiff, at all times hereinafter mentioned

was and is a citizen of the State of New York. At the time

of the events complained of herein, plaintiff was self-employed

as an entrepreneur, and venture capitalist, and ~was the sole

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owner and successful operator of a boating and yachting

business.

7. At the time of the events complained of herein,

plaintiff had a good reputation for truthfulness, worthiness,

and good character among his friends and business associates,

all of whom held the plaintiff in the highest esteem.

8. On or about November 27, 1978, the defendant

A. J. WEBERMAN wrote, and the other defendants reviewed, edited

and caused to be published in the State of New York an obit-

uary of Tom~Forcade, a · copy of which is annexed hereto as.:. ~. l an

incorporated herein in full.

9. Tom Forcade committed suicide on November 16, 1978.

·'rhe o~i tuary, of appr·o ximately ·fifteen hundred words, reviewed

at length Forcade' s polit_ical and social activism during the

1960' s and 1970' s. The obituary co_n tains numerous references

to investigations of Forcade by various law enforcement

agencies prior to Forcade's suicide, and contains the following

direct references concerning plaintiff:

" "In 1977, a federal grand·:: jury in

Brooklyn began an investigation concerning
Tom Forcade based on the testimony of Chic
Eder, a high-level DEA informant who has
been characterized _as 'Mro Marijuana" in

- 3 -

.. ., .

.· ..
 several magazine arti c les. The pressure
began to bui ld a nd Tom started to go into
periods of extreme depress ion . He would
assume a f etal position, cover himself
with a sheet, and remain like that f or
days. At one point he took an overdose
of Quaaludes and stumbled over to Gabrielle
Schang's apartment , where he collapsed.
Gabrielle and h e r friend Jim Drugus, who
worked in Tom's bookstore across from
Gabrielle ' s apartment, took him to Bellevue
where h is stomach was pumped • • •

• • • He began taking Quaalude s. His wife

tried to stop him from overdoing it. The
cloak of secrecy Tom spread over his activi-
ties would smother him. On November 16,
197& at 1 p.m., while coming down f!om
Quaaludes, Tom shot himself in the head
at point-blank range."

10. The defendant A. J. WEBERMAN intended the entire

··' ..
articl,t3., including the reference to plaintiff set forth in

Paragraph 9 above , to mean, and it was fairly u nders tood to

mean by average persons read i ng the entire articl e , the following :

(a) The plaintiff is a DEA (United States Drug

Enforcement Administration) ·informant, and an e mployee or

member of the "intellige nce community", who received financial

rewards for informing on Tom F0rcade .

(b) The plaintiff l aid a fa lse c riminal informa-

tion against Forcade .

(c ) The false i n formatio n la id by plaintiff

caused a federal grand jury in Brooklyn, New York to begin a

- 4 -

. ..,
~

•'
give them wide exposure to the public through the Village

Voice and with knowledge tha t the publicatio n would damage

and injure the plaintiff~

15. Taken singly · and as a whole the defendant A. J.

WEBERMAN' s -conduct was outrage·o us, transcen9ing the bounderies

of decency tolerated by society and totall y without justification.

16. As a result of the defendant A. ·J . WEBE~' s

acts, plaintiff has ~uffered great emotional distress and

anguish, and concern for his bodi~y safety and well-being.

17. In the premises, plaintiff has sustained actual

injury and damage in the sum of One Million ($1,000,000.00)

..· ..
' Dolla~s, and is entitled to punitive damages in. the sum

of one Million ($1,000,000.00) Dollars.

AS AND FOR A SECOND CAUSE OF ACTION

AGAINST THE DEFENDANTS A. J. WEBER-
MAN, WILL I AM J. RYAN, MARIANNE
PARTRIDGE, RUPERT MURDOCH and THE
VILLAGE VOICE, INC • .

18, Pla~ntiff repeats and ;reallege's each and every

allegation set forth in Paragraphs. numbered 1-17 ~ of -: his : com-

plaint with the same f orce and effect as i f s e t forth herein.

19. Upon information and belief the de fendants,·

RUPERT MURDOCH, WILLIAM. J. RYAN and MARI ANNE PARTRIDGE, acting

- 6 -

I·
. 'ind i vid ually a nd with i n the l ine and s c ope o f t he ir a ctual

and implied author ity, on behalf of the Corpor ation, did on

or about November . 27, 1 9 7 8 unlawfully plan, plot and conspire

between themselves and the defendant A~ J . WEBERMAN, and with

the Corporation, to maliciously and intentionali y and for the

purpose of injuring the plaintiff, cause the above described

matters concerning the plaintiff to be published in The Village

Voice.

20. The publication was made with the intent to give

wide exposure to the public through Tlj.e Village Voice, knowing

that publication would injure and damage the plaintiff and

cause the plaintiff great anguish and emotional distress . -.r -

21. - On information and Belief the defendants were

solely motivated by animosity . and hatred for the plaintiff

and their sole purpose .· for publishing the above stated matters

was to inflict serious injury, mental and emotional distress upon

the plaintiff.

22. Taken singly and as a whole, the defendants• ·

conspiracy to i n f lict intent i onal mental anguish and severe

emotional d i stress was outrageous, transcending the bounde ries

6~ decency tolerated by soci ety and totally without justificati on.

23. As a res.ult of the defendants' conspiri tor i al

- 7 -

••
acts, plaintiff suffered serious mental and emotional distress.

24. In the premises, plaintiff has sustained actual

injury and ~e in the sum of One Million ($1~0.00)

Dollars, and is entitled to punitive damages in the sum of

one Million ($1,000, 000 . 00) Dollars.

AS AND FOR A THIRD CAUSE OF ACTION

AGAINST THE DEFENDANTS A. J. : WEBER-
MAN I "WILLIAM J. RYAN I .MARIAN~"-E
PART:RIDGE, :RUPERT:' MURDOC....B: and THE
VILLAGE VOICE, INC.

25. Plaintiff repeats and realleges each and ev.ery

allegation contained in Paragraphs numbered 1-24 of his complaint

with the same force and effect as if set forth hereinafter.

' 26. Each of the defendants , on or about November 27,

1978 did ' unlawfully plan, plot and conspire between themselves

to publish and did publish in The Village Voice , false , malicious

libelous and defamatory statements of and concerning plaintiff

in the article attached hereto as Exhibit 1.

27. The defendants acting individually and in concert,

and in furtherance of the unlawful conspiracy h e reinabove

a lleged, uttered the fals~ maliciou~ libelo us and de£amatory

statements of and concerning the plaintiff set f orth in

Paragraph 9 al l of which were published by the Corporation

- 8 -
in its issue of November 27, 1 9 78, and thereafter generally

distributed throughout the City and State of New York, and

throughout the Uni tea sta.tes, where said statements were read

by the friends, family and business associates of the plaintiff.

28. The matters concerning plaintiff published by

the defendants falsely and maliciously state or imply that the

plaintiff laid a false information against the decedent, Tom .

Forcade, that p~aintiff committed purjury before a grand jury,

that plaintiff conspired to murder Forcade's friend "Jack",

and that plaintiff conspired to commit a burglary at Forcade's

apartment • .

29. These accusations of criminal cond~ct imputed

to the plaintiff are false, defamatory and libelous per se.

They were published · by defendants with actual malicious in

that the same were published with knowledge of their falsity,

.::6±. with serious doubts as to their truth. Alternatively,

said statements were published by said defend.ants in a grossly ,

irresponsible manner without due consideration for the standa~ds

of information gathering and dissemination ordinarily followed

by responsible publishers and wri t ers.

30. As a result of the aforesaid wrongful acts of the

- 9

. ·~ r

~ .
d e fendants , the plaintiff has been held-up and e xposed to publ ic

contempt, scorn and ridicule, and suffered great emotional

distress and anguish, and has sustained grave and irreparable

injury and damage to his professional and personal honor and

reputation.

31. In the premises plaintiff has sustained actual

injury and damage to his professional and personal honor and

reputation.!in the sum of one Million ($1,0 00 ,000 . 00 ) Dollars,

and is entitled to punitive. damages in the sum of One Million

($1,000,000,00) Dollars.

AS AND FOR A FOURTH CAUSE OF ACTION

AGAINST THE DEFENDANTS A. J. WEBER-
MAN WILLIAM J. RYAN KJ\RIANNE
I I

PARTRIDGE, lRUPERT..' MURDOCH and THE

VILLAGE VOICE, INC.

32 . Plaintiff repeats and re alleges each and every

allegation containe d in Paragraphs numbe r ed 1-3~ o f his complaint

with the same force and effect as if set forth hereinafter.

33. The false, maliciotls, ·libelous,. and defamatory

statements made by defendants , of and concerning the plaintiff

and set forth in Paragraph 9 , above , fal sely and maliciously

state that the plaintiff is a "high l evel DEA informant'·' ; and

that in 1977 a federal grand jury in Brook lyn began an investiga-

tion concerni ng Torn Forcade based on the testimony o f pl ai ntif f .

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.. ,
~ .
T11e obituary published by defendants further falsely and

maliciously implies that : the plaintiff testified before a

federal grand jury in Brooklyn, in 1977~ falsely and maliciously

states that as a result of these acts, the pressure began to

build on Forcade, and falsely and maliciously impli~s that

the plaintiff caused and was directly responsible for Forcade's

suicide. The obituary was thus knowingly

.
and. intentionally·
.

designed to have its readers believe that plaintiff instigated

criminal proceedings against Forcade on behalf of the DEA

which directly caused Forcade to take his own life.

34. Each of these : accusations is defamatory, false

··and libelous per se. They were published by defendants with

actual malice,-:. in that the same · were published with knowledge

of their falsity or with serious doubts as to their truth.

Alternatively said statements were published by defendants in

a grossly irresponsible manner without due consideration for the

standards of information gatherirlg ·' and.: dissemination ordinarily

followed by responsible publishers and writers.

35~ As a result of the aforesaid wrongful acts of the

defendants, the plaintiff has been held-yp and exposed to public

contempt, scorn and ridicule, and has suffered great emotional

- 11 -
distress , ang .1 ish, and concern for his bodily s a fety and well-
1

being, and has sustained grave and irreparable i njury and damage

to his professional and personal honor a nd reputation.

36. In the premises plaintiff has sustained actual

injury and damage to his personal and professional honor . and

reputation in the sum of One Million ($1,000,000.00) Dollars

and is entitled to punitive damages in the sum of one Million

($1,000,000.00) Dollars.

AS AND FOR A FIFTH CAUSE OF ACTION

AGAINST THE DEFENDANTS A. J. WEBER-
MAN, WILLIAM J. RYAN, .MARIANNE
PARTRIDGE, RUP.ERT.' MURDOCH and THE
VILLAGE VOICE,INC.

GJ . Plaintiff repeats and realleges all of the .allega-

-
tions set forth in Paragraphs 1-36 with the same force and e ffect

as if fully set forth hereinafter.

38. The defendants he-rein have acted in a vicious,

malicious and intentional manner, ·=with the sole purpose of

injuring the plaintiff.

39. As a resul t :::: of p~fendantS :1•. malice and malicious

acts, plaintiff seeks pWlitive damages in the amount of Three

Million ($3,000,000.00) Dollars.

WHEREFORE' plaintiff demands judgment against the

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...
I

~ .
d e f e ndants as f ollows:

(a) On his first cause of action against the

defendants A. J. WEBERMAN, individually the sum of Two Million

($2,000,000.00) Dollars~

(b) On his second cause of action against the

defendants, A. J. WEBERMAN, WILLIAM J. RYAN, MARIANNE PARTRIDGE,

RUPERT MURDOCH and THE VILLAGE VOICE, INC., the sum of Two

Million ($2,000,000.00) Dollars.)

{c) On his third cause of action against the

defendants, A. J. WEBERMAN, WILLIAM J. RYAN, MARIANNE PARTRIDGE,

RUPERT MURDOCH and THE VILLAGE VOICE, INC., the sum of Two

Million ($2,000,000.00) Dollars. -.· ..

(d) On his fourth cause of action against the

defendants_, A. J. WEBERMAN, WILLIAM J. RYAN, MARIANNE PARTRIDGE,

RUPERT MURDOCH, and THE VILLAGE VOICE, INC., the sum of Two

Million ($2,000,000.00) Dollars.

(e) On his fifth cause of action against the

defendants, A. J. WEBERMAfi, WILLIAM J. RYAN, MARIANNE PARTRIDGE,

RUPERT MURDOCH and THE VILLAGE VOICE, INC., the sum of Two

Million ($2,000,0 00.00 ) Dollars,

together with costs and disbursements in this action and such

other relief as to this court may seem just and proper.

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..,1
Dated: New York, New York
December 29, 1 978

ROSENSTEIN & KAHN, ESQS.

Attorneys for Plaintiff
225 Broadway
New Yo·rk, New York 10007
(212) 374-1438

-.· ...

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Conrin:uJ from pag.i 8 :·~ : : : :~:-._ · · .. The only pccson who could pull ,To~ out:.
. - - -··-
each othi!!. Aleg~dholds thatiom.eoiiewho ·of th.:se fits of depression was Jack, a former
tried to rip the pJ,ace. off ended .up.wearing a Whire Pant.11er Parry leader. Jack took Tom.
Pair of cem::nt platfor:n sb.~:... .~;::..::· :;:>;-, -..; t~ a psychiatrist who prescribed tranquilize.rs
.High: -Titn.e.J b~e .more and more·sue-.· for him. In ·1978, Tom· an·d . Ga.brielle -weie-. ·'.
eessful.:.Ye(fom's mmeneve.r app~_ed any-' . married. : :-.-: ; ·: . . "_:_. 7:"·~'f:~·-:: ~:-.:-\ . .·,-. - :-~- .. :
~h~e..in. ic:..Tom:_was afraid .that the ." cop'" .,· Recently; .Tom bad berome interested in . .~
~bel . the:.Ylppit:s..fud. put -:in.him would act: the punk scene and began'to film the Se:c Pis-: . ·
•iersety; affect: µie-_m.agazin~; And· by 1975, .'tot's American :. tour:..: Unfortunately, ..they-· .:. ·
Tom l:µid :beci:ime even more:Jiunous. for~ thought he. wa3' a government agent wlio was_ ·;:
nitraus--0:cide;parties. than. fcir. his magazi..qe-~ 'm aking afilm that would. b¢ used.in a'subse- ..·· ..~
At .one::poiir.t ::T oaio.d' Re.i~i:ook..a . truck; .queot.dei:>om.tion b~g:...'Tom. b3d to ru.Y. ·~ ..:
·filled:i~ with 6o.ks of_p.itrous/ao_d C!.rpve atf ·io hotel rooms whil;: the filID.ing wa5going oii- :".~~
·around 'M.m}.:irun turning J>eOple-on. Tofil- btcause he was afraid he might freak out the- :_; ~:
w:is riiver dUll;:io..d the richer he becinle the -band:- .,::r.=·.:' · · , · ~_-:,:.<::· .-;::~-.-•..:. ".;:--:, .·_.·.-. ·:>";::,;
. - - .- • . .. • ... .. •••• ••, .... ,.,,r - - .·"'~

more ht: used h!s mon~y as a catalyst..He be-; :On· mid-1978»Jac.< was killed while trying ·:',:'.::~
gan contributing thou.sands of dollars to the .. to land on a cl:mdestine airscrip in Colui:nbia:. ~~ ~;
·.
Nation:U Orgii.niz:icion.!o Reform· ~iarij~ . A week be~o~e .he killed him~~ Tom tol~ ni~ ·~~1
Laws. Tom remauied. a Joyal Yipp1e aod ~ that he believed the DEA Special Operanons. :".,.j
g2.0 tcf give us free ads and good coverage in· Division :.~gh( }u-.,:e~-s:ibot:lged J ack's air- ·:.:;,-:
High Times •.:.Y. regardt!d Tom as someone who- crafr,. since the .reni1ins' of· a baromecric:ally ~~--;'.
~~ .:.~r.;:_~~~:~r§;,-,·~:..re~ef~, >c~vared b~jn~ we'.e Iouz:d in ~~'.~.r~e;·.fl)
.intc:gnty:.::-:7-""::;':"<1....~-:-.o.:"~,....~--.,,.... ;::·:,....:-..-·~ .~.• f.' _. Tom lind lost his closest friend ....,.,'...:·., :· . ..;~:.~·,;::'. -,..,.j
· -:)ii'l976 i'~;:J°sb·~~~'.~?.at'rhe.Republicm·..'":::_Around .this time Tom's Iofr\v~'b'"r~k~ :~~.r
Conven_tioo. in-Kansas City:::Duri.cg .a Yippi~ ~to~.: ..The '.loc~ ·:~s prof~io.qally .Pickt!d;."t}t
demonstrano.n~ Tom was beaten by- Secret several. floorboards .w.:rc- pned up,. yet". th:! .t:::...t
Service agents who·were a.I?gered by his rue.: · onJy'; thing stolen· ·.;,.33 Gabrielle's mother's.· ~~~.'
·e:ss:ii:i:<·g;U.cing.membl!rship' in~the ·White .wedding ring_·_Tora 'wl.s shakeD..by the inci:...5.£i
House Pres.sCocps;When Tomliad bemde- ·.denl-,.:.which . be_~ttribured. . to a .secret DEA"::,.:~~.?­
-We,d. ·memb.!rsb.ip~ ·Attomey Will.i:un-Ku.ns:. -·iriY,c.<>cigarion into his fina.oc'.eS.··. ::; .~!_::':-?.'::':~:f-=-;~~-1
tier b.3d'sucd. the Seciet ~rlice aod won:.::.::~'.~ ,fHC: began' cikiog Qu.a.alud~~ His wife 'tried ~;,::;;
rtn ~ 1n1; a·federa.1·gian.d jury.in' Brooklyn t~ ·s~op .him ¥oin ov:rdoing ~t • .The.Cloak. of j;;{~
began.an i.D;yeStig:Uion conc.!miDgTom For- secrecy T om spread over his -activities·~ould ~;::.~~
'C:ade based-oa the testimony of Chic.Eder; a smother him. On N ovember 16, 1978, at i ·;::'.~:­
high-level DEA informaot who has been chr p.m.; while 1:9miog down from. QUX1ludes~- :~;..­
r:icteriz--d ' a$ - ".1\f.r.. ·M..arijuan.a!' in ~veral Tom shot h.i.m.sd.f i.:i the head at point-blank :. ::.
nugazioe. articles: The pressure began i:o r::in~G:ibri~Ue had stayed home that cby '-:·
build.ind ·Tom started to go into periods of l:iec:iuse she was wo rried :ibout him. She 2.0d- ~
e_'(",n:me depression.. He: would assume a fetal Jim Drugus fou nd l0n in a pool ofblood.
po5ition, rover himself with a sheet, and re- There was a sm.ill ho!~ in his temple. .
main like that for days. At cne point he took · The news of Tom's death upset nod de-
an overdose of Qu:ulud.:s and stumbled over stabilized me. I r.::ver thought it would end ·
to Gabridle Schang>s apa.ru"O~t, where he like this sillce I lud no knowledge of his pre-·
colbpsed ..G.ibridlc and her fr:ieod Ji...-n Dru- vious suicid<! attempts. I beg:in to bl:uneany- .
gus,.,who w-0rke:d. m·Tom'~ ~~tore across oae whc>"w2s lundy .for his demise. Mi'. favor-

I fmm G:ibnd[c's apartmeot, took him to ire symbol of resi s c~nce became·:i symbol of
Bt:Uevue wh<!'re his ~-rom.1ch was pumped.
I -.,,,; .
the ultimare sur.ender. E4
J - -.
'\

.•

. .
.
 At a Special Term, Part I
of the Supreme Court of the
State of New York, County of
New York, at the Courthouse ,
at 60 Centre Street, New l
I
;.
York , New York, on the t
day of , 1979. I-
t
i
ISUPREME COURT: STATE OF NEW YORK l
'
I COUNTY OF NEW YORK t
I. Index No . 2206/79
i

I ------------------ --~---~----------x

CHIC EDER,
I
Plaintiff, ORDER
-against-

ALAN J. WEBERMAN, a/k/a, A.J.

WEBERMAN, WILLIAM J. RYAN,
MARIANNE PARTRIDGE, RUPERT
MURDOCH and THE VILLAGE VOICE,
INC. I
Defendants.

-----------------------------------x
On reading the notice of motion of the defendants

Ryan and Murdoch, pursuant to CPLR 3211, to dismiss the complaint

on the ground that the complaint fails to state a cause of actio

as to them, and by the defendant, The Village Voice , Inc., to

dismiss the second, third and fifth causes of action against it,

on the same ground, dated January 30, 1979, the · affidavit of

William J. Ryan, sworn to the 29th day of January, ·1979 , the

affidavit of Rupert Murdoch, sworn to the 6th cay of March , 1979,
and the reply affirmation of Slade Metcalf, Esq., dated March

20, 1979, all in support of said motion, the affirmation of

Ii
'!
I
!
1!
w _, c 4M ¥ I ~ - . _a -' ~ ·' .. a - ;
--------~-~r1=====~~~---=---~--___:___ _ __
,I Hare Kahn, Esq. , in opposition to the motion, together with all .. J
' '
!of the pleadings herein, and the Court having issued its
I
l j
\memorandum, dated Hay 7, 1979, with respect to said motion, it is f
I
!
~:_·_
I hereby ordered that:
·,;
'
I
I ·1. The motion to dismiss the complaint on the· grounds
';that it fails to set forth a valid cause of action against the
! .
i defendants Hurdoch an~-Rya~ is denied, wit-hout prejudice to a
\motion, after discovery by plaintiff has been concluded, for
'
~ary judgment based upon lack of advance knowledge of the

article by said defendants;

2. The motion by The Village Voice, Inc., to dismiss

the third cause of action is granted, and the third cause of

__________,,.·--~~~~~~~~~~~~~~~

action is dismissed as to each of the moving defendants herein; I

3. The fifth cause of action se"'lcing punitive damages I'
is dismissed, but plaintiff is given leave to amend the complaint

to claim punitive damages as part of the relief sought in the

first and third causes of action;

4. In all other respects, the motion of the moving

"
defendants is denied.
Dated: -New___York,-New York
Hay 1979

J. s. c

- 2 -
Ii
jl

1!
II
DAVIDS . MICHAELS
ATTOR NE Y AT LAW

12 121 667-1170 .Y#_g JP~~

~ ~.~.A(<Y.-/00-/7

June 1 , 1979

Mr. A. J. Weberman
6 Bleecker Street
New York, New York

Balance due as of May 1, 1979 $103.00

May 2 Phone: Kahn .1

May 4 Urge Metcalf re: summary
judgment motion and
review central
arguments. .1
May 7 Caversation Metcalf; read
motion. .1
May 8 Re ad summary judgment
motion papers twice. .8
Re-do DM affidavit. .4
Call Metcalf 4 times;
dictate. .3
Read final version,
call A.J. .3
May 11 Letter, phone, Me t cal f . .1
May 18 Phone. .2
May 31 Metcalf, stipulation. .2

Total time for the month at $60.00 2 . 6 hours

$156 . 00
Plus prior balance $103 .00
$259.00
Amt . to be credited - minus $180.00 Good cause c redit
Balance due at this time. $ 79 .00 ~

Preparation of this bill taking about 3 / L:. hour, has no t been

charged .
 ltnitd> •ates 19tpartmrnt of Justice
OFFICE OF THE ASSOC IATE A TIORNEY GENERAL

WASHINGTON, D.C. 20530

JUN 2 9 19"{9
Mr. Alan J. Weberman
Independent Research Associates
6 Bleecker Street
New York, New York 10012 Re: Appeal No . 9 -12 56
Dear Mr. Weberman:

You appealed from the denial by Administrator Peter B.

Bensinger, Drug Enforcement Administrati on, of your request
for records pertaining to Chic Eder.

After careful consideration, I have decided to affirm

the decision of Mr. Bensinger. Without Mr. Eder 's consent,
even to confirm or deny the existence of records of the type
you seek would constitute a clearly unwarranted invasion of
his personal privacy. 5 U.S.C. 552(b) (6). In such circum-
stances, there is no agency discretion to act. 5 U.S.C .
552(a) (b).

Judicial review of my action on this appeal is available

to you in the United States District Court for the judicial
district in which you reside or have your principal place
of business, or in the District of Columbia , which is also
where records of the type you seek wou l d be located if any
exist.
Sincerely,

Michael J. Egan
Associate Attorney

By:
1nlan J. hea, r., Directo
of Privacy and Information A
 INDEPENDENT RE . TES
CITY~!2'\~ ~AJH ASS QC IA
6 BLEECKER STREET . NEW YORK ONE. WEBE RMAN (2 12) 477·6243

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 IND~E:~K~P.E~~E!vo~~TY~!f\RCH ASSOCIATES . PHONE. AJ WEBERMAN (212) 477-6243

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 DAVIDS. MICHAELS
ATTORNEY AT LAW

1212) 867-1170 3//~ J/tu/C:W;v ~

Ak'U" ~.,£,Jf('q?( /CC/7
May 4, 1979

Mr. A. J. Weberman
6 Bleecker Street
New York, New York

FOR PROFESSIONAL SERVICES RENDERED

Status of account prior to this billing: Credit $112.00

Credit during this month: $260.00
Total credits $372.00
CHARGES FOR TIME SPENT DURING THIS
BILLING PERIOD
March 16 through 30th $ 35.00
April 1 through 21st $350.00
April 23 through 30th $ 90.00
Total $475.00
minus credit $372.00
Balance due: $103.00 it{
~ fo - ~,o~f'I

tr-~
,,,, - ,.. 0

DAVIDS . MICHAELS
ATT O R N E Y AT LAW

12121 a 67 - 1170 :J//.$) J/~~o?V~

. //:{ev ~~ f(~
~ -/tJtJ:/7
February 8, 1979
Mr. A. J. Weberman
6 Bleecker Street
New York, New York

Amount previously credited to your account ~

FOR PROFESSIONAL SERVICES RENDERED

l$~,0·' ·-
Legal services prior to February 1, 1979 $27~.-ti'ff
Resulting net credit as of 2/1 $ 35.00
Credit January 31st + 200.00-1
Credited February 6th $ 41Y:orr
Net resulting credit as of February 6th,
prior to deduction for time subsequent
to February 1st $275.00
Legal fees for time s pent from February 1st
through February 8t h $110.00
Net credit to your account as of today's J
date.
- - -----------------------------------------------------

DAVID S. M /CHAE LS
ATTORNEY AT LAW

(212) 867-1170 S//~ J/kdc:Jmv .efvoru&e-

J~~,,{,J/("'?J( /tltl/7

February 23, 1979

Mr. A. J. Weberman
6 Bleecker Street·
New York, New York

FOR PROFESSIONAL SERVlCES RENDERED

Net balance due and requested as of this date.

$67.80
 DAVIDS . MICHAELS
A TT O R NEY AT LA W

12 12 ) 867 - )170 J>//,,.? J/~mv .ef~

~ ~~.H.<Y. /'00/7

April 4, 1979
Mr. A. J. Weberman
6 Bleecker Stree t
New York, New York

FOR PROFESSIONAL SERVICES RENDERED

Prior credit to your account

$112.00
Cred i t $ 90 . 00
Sub total $2 02.00 Credit
Time spent from March 16 through Ma rch 30 $35.00
Net credit a s of April 1 $167 . 00
 - -
ALBERT GOLDMAN
REPORTS FROM·
-THE PALACE
· OF KING
DOPE
75 CENTS OCTOBER 18, 1976

--
<"

"-.
. .
...
he Colombian
Connection: Two Yanks
·On "the Road to Pot
" . Marijuana-smuggling is the last survival of the rebellious
counterculture of the sixties. It is the Beatles' last song ... "
Two middle-aged hipsters-one an
ex-college professor, the other a small-
- time dope dealer and street hustler-
- i:leclde to mvestlgate the methods and
madness of marijuana-smuggling as a
follow-up to their earlier explorations
of the dope underground. They descend
upon Santa Marta, Colombia: a major
center of the international dope trade.
They put out the word that they're hig-
~e smoke dealers from the States hot
to make a buy. The message gets
through. Pretty soon every )lustier in
town is trying to cut into them. They
encounter an amazing assortment of
characters: beach bums, hippie tourists,
mulatto hit men, Guajiran Indians,
campesino grass farmers, shady ship-
ping executives, young hotshot Amer-
ican smugglers, crooked narcs, and cor-
rupt politicians--including the former
mayor of a Colombian city and the
fo~mer governor of a Colombian state.
The odd pair of "investigative jour-
nalists" talk a let of trash and strike
a lot of poses. Meanwhile, they're tak-
ing everybody's picture and making
sneak tape recordings of all the dope
plotters' plottings. Eventually, on New
Year's Eve, at a family party at the
chief Mafioso's house, the whole scheme
blows apart and the reporters are
threatened with death. As they recoil
from the shock, tbey meet a young
American, a mere kid , who is more
deeply involved in the dope game than
are any of these conniving Colombians.
The young American gets them out of
their last bad jam. Triumphantly, the
hipsters return home to tell the world
By Albert Goldman
all about "the Colombian Connection" and cover the whole stone. That is what
and take a bow! happened with the so-called counter-
Sounds like a late-model Hollywood culture of the sixties. That is what is
comedy- a kinky, dopey twist on All happening with the dope culture today.
the President's Men-doesn't it? But Dope-smuggling is· the last survival, in
it's an accurate precis of Chic Eder's fact, of the rebellious life of the Rock
a nd my recent adventures in Colombia, Age. Smuggling is the Beatles' last song.
where we went to get the story of how It's also a time-loop batk to the Gatsby
marijuana, hashish, and cocaine come age, a reenactment of our most cher-
up the pipeline from South America to ished moments. If at this very moment
-the United States. Looking back on you could switch on a magic TV screen
our Graham Greene field trip, I'd say and dial it to DOPE, you would see an
we must have been out of our kugels. astonishing replay of that classic ·drama
Colombia is the Heart of Darkness. The of the twenties: Prohibition. You'd see
Land of Violence and Heavy Vibes. the same game of cat and mouse played
Down there when they don't like you, between the smugglers and the coast
they not only kill you-they massacre guard, played farther and farther out
your whole family! They tie you to a to sea for ever-mounting stakes. You'd
tree and fill you with a hundred slugs. even see many of the same faces that
Or they chop things off! Colombians flashed on tabloid pages and silent
are what the Mafia is supposed to be screens of the Roaring Twenties, as
according to Hollywood. The Colom- hard, fast-talking New Yorkers and big,
bian Mafia makes the Sicilian Mafia rangy, twangy T exans descend upon
look like a bunch of fat pussycats. Central and South America to make
So what the hell am I -doing down their deals with · the natives and wrest
there? A middle-aged Jewish intellec- their desperate profits from the epic
tual and Columbia professor? A man battle with waves, guns, jungle, hi-
who has never had a p"a rking ticket (be- jackers, secret agents, patrol boats, and
cause he's. afraid to drivel). Who's up- stateside sheriffs and cops.
set if he misses a night's sleep. Who You'd .see the monumental corrup-
figures he's had a hard day when he tion of Chicago and Gicero: whole cit-
has to correct the proofs of his latest ies in thrall to criminal warlords, with
entry in Who's .Who in the East. What corrupt mayors and corrupt police
the hell is a nice person like me doing chiefs and corrupt ·representatives in
down there in the Heart of Darkness? the nation's capital. You'd see the
Well, like many scholars, I do have Mafia resurgent in the Al Capone style,
my kicks. I am obsessed wi"tb the un- gunning down its enemies en masse anc;l
derside of American society. I have a shooting up international airports and
conviction that whatever is forming un- public sq uares just as it did in the
derneath the rock will soon reach up twenties. You'd see treachery and bru-
 ------,----- ---- - ------ ----- - -
" .... By Co on1bia n standards this house is a
th~t I am an honored guest at the Palace of l(ing Dope
tality beyond belief.
Yes, gang, America has done it
again! Taken some basic human ap-
petite and suppressed it so arbitrarily
and stupidly that there isn't anything
left to do but break the Jaw at an ap-
- palling cost in ~ives, money, and public
morality . .And the Chicago of Mari-
juana Prohibition is Colombia, a Jong,
Jong way from New York City. "But it's
there, baby! With all its rank, corrupt,
an~ evil glamour. ·
Nevertheless, when my partner, Chic,
and I went down to Colombia, we
hadn't the faintest idea of · what we
were getting into. We never dreamed
that we were laying our lives on the line.
J· figured we'd work pretty much as
we had in New York on the previous
story. rd sit in a comfortable hotel in
Santa Marta, a well-bespoken Carib-
bean beach resort, and Chic would
beat the game into my nets.
The only thing that really worried
me was whether Chic would be able to
~ut into the local dope dealers, "What
about the -language barrier?" I would
- press him. "Don't worry; Al," he'Cl
assure me. "I lived for years with them
- Chicanos in the California pris~>ns,
'~ D ial ·your magic TV screen to DOPE/~
~a· NEW YORK/OCTOBER 18, 1976
80, it
didn't I ? I got that licked." " Okay, but
what are the chances that you can just
w alk into that scene and get people to
open up to you? What have you got to
offer them?" "Al, I know my game.
I 'll go down there with Jots of trading
beads. J'm gonna borrow that new
Polaroid SX-70. Them dudes love to
have their picture took-if you don' t
walk away with the negative. Get it?
Then I 'll take my kite alo~g . " "Your
kite?" " Yeah, when I put that 35:foot
dragon up from the beach, people'll
come runnin' to me."
So with this bait and his trusty Sony
TC 55 tape recorder,' Chic Eder took
off one December morning on the New
York-Miami- Barranquilla dope run.
The day after Christmas I rouse my-
self from my holiday lethargy and fly
down to meet him. Before I can say,
"Hello, how are you?" Chic is bark.:
ing commands in idiomatically accented
Spanish and strange people are pop:
ping out of the darkness, taking my
bags, shaking my hand, and leading me
to a shipy little car into which I am
loaded as swiftly and neatly as the
bags, which are tossed in _the trunk.
Flicking his ci~atette away, Chic gets
------ ---- - -
l~w lr1c c. fol ]O\VS
"
into the front passenger seat and orders
the driver to take off. With a screech
and a lurch, we plunge into the night,
heading off from the international air-
port at Barranquilla toward Santa Mar-
ta, two and a half hours distant.
The Trans Caribbean Highway, so-
called, is a perfect symbol of the coun-
try that built it. The highway can r)ever
make up its mind whether it's a mod-
em . high-speed express artery or · a
1930s two-Jane blacktop or just a plain
dirt road out of the rustic psst. Basical-
ly, it's a free-for-all. Every sort of ve-
hicle from an elaborately decorated bus
to a dirty farm truck is out there blasting
through the hot tropical riight with its
accelerator down to the floorboards.
Like the house of horrors in the amuse-
ment park, the ride is punctuated with
catapult stops, shrieking · turns, and
sudden roadside 'flashes. One moment
we're streaking by a garishly lit bo-
dega, its front removed, its staqks of
pots and pans and beer bottles glaring
out as if caught in a limelight. The next
moment, w·e·re flitting by a dim Asian
silk screen of floating houses standing
on sticks, like the habitations of pri-
mordial lake -dwellers. Finally, after a
couple of hours relieved only by incon-
gruous exhortations to "Lay back! " or
"Relax!" I land on a hill overlooking
a twinkling valley in which lies the
city of Santa Marta.
. A group of people is gathered on the
porch of a bungalow. They're talking
and drinking like suburbanites at a
cocktail party. They don't .look like the
kingpins of the South American drug
trade to me; frankly, they look like mid-
dle-aged losers boozing it up with their
dolls. Chic makes introductions all
around; I don't understand a word that
is spoken. ·All J can do is smile and
smirk like a monkey. The first clear
impression J get is when somebody
shoves a bottle of Johnnie Walker Black
Label under my nose and pours a shot
tha,t would put most men into cardiac
arrest. Just pure booze: no frills.
The bungalow is strictly no-frills,
too. When I step into the bathroom, I
realize l 'm in Funkyville. The toilet is
squat and filthy and not furnished with
a seat. On the sink there is no hot-
water tap. The tub is a SO-gallon oil
drum . When I glance into the adjoining
room, I see two naked black children
lying sound asleep on a bed.
After a scrappy meal of chicken and
rice, consumed standing up while the
dead chicken's brothers and sisters strut
past our feet pecking at the bits of food
•
that d(op from our plates, the party
ends, the guests depart. Through a
• dense fog of exhaustion, I hear Chic
telling me that he and his girl of the
moment, Mary, are living in this house
because the hotels are full. This is the
height of the Christmas vacation sea-
. son; it's impossible to get a room in
Santa Marta. "That's great! 1' I growl,
as I throw myself down fully clothed
upon a dirty bed.
Next morning, I get up early, eager
to enjoy the tropical sunrise. I stroll
out on the porch and cast my eyes
down the valley. " Jesus Christ! Where
am I?" I exclaim as I stare in disbelief
at the disgusting scene that lies before
me. Strewn down a dusty, stony slope
without a blade of grass are the tin
roofs, crumbly walls, and water-can-
toting waifs of. a typical South Ameri-
can slum. For one moment I stare at
this squalid picture; then, for the first
time since I left New York, my mind
awakens. I get a flash. This house--so
crude, so dirty, so slummy by Ameri-
can standa rds--it's the best house in
the neighborhood, isn't it? It sits on
top of the hill, it has running water,
it's owned by an absentee owner who
loans it to friends. Ipso facto: It must
be the house of the slum boss--who is
probably the big man in the local dope
trade. Yes, that's it. By local standards
this house is a palace. Its owner is
er The Colombians_are spellbound by Chic."
king of the dope trade. So .. it follows a car is an act second in danger only Naturally, this vehicle is spotlessly
that l am an honored guest at the Pal- to making a pact with the devil. Cars clean. Anything that can be done to
ace of King Dope in Santa Marta. in Colombia are like cows in India. increase its beauty or improve its effi-
Santa Marta is your classic South They are regarded as sacred and can ciency is done, even though the owner
American banana port. An arm of vol- never be kilJed. Even the oldest, most is desperately in need of basic medical
canic mountain slung a.r ound a couple decrepit piece of junk, shlepped down attention. You get the idea. So, in un-
of rusty old freighters ... a palm-dotted from · the used-car lots of Perth Amboy dertaking to rent a shiny new Renault
esplanade trying hard to look like Co- or East St. Louis, is regarded by Co- 4, Chic was making a deal whose terms
pacabana . .. a statue of Sim6n Bolivar lombians with veneration. A Colom- he did not fully comprehend. Hertz
on horseback . . . a waterfront tonk bian will exist on a diet of rice and Rent-a-Car Barranquilla saw the trans-
strip, siesta-sleepy during the long bot beans, live in a shack fit only for pigs, action as practically a blood bond.
day, but at night-Panama Hattie! starve his children, .and beat his wife, Now the game shifts to Santa Marta,
This first morning Chic and I de- but when it comes to his car-ah! capital of Magdalena Department and
scend in his car to a Humphrey Bogart then, senor, he is a lover; a father, a gateway to the Guajira: the Klondike
hotel at the end of the quay. Over a believer, and even an artist. Cars in and Yukon of the new gold rush. Chic
breakfast of fried eggs that reek of rot- Colombia are adorned like totems. The and Cesar don't know a soul in town,
ten oil, Cbic brings me up to date. surfaces of these ancie nt Fords and so they . start cruising the streets, look-
Chic has coine down to Colombia Chevies are tattooed like the ·skin of a ing for action. Chic bops all over town
full of his usual overconfidence. Afte r Maori warrior. . buttonholing strangers, leaving his call-
one night on the town, be realizes that On a ground of primary red or blue ing card (which · sports a portrait of
his Chicano prison Spanish won't get or yellow is built up a visual design him smoking a ioint and the words:
him a decent meal, much less a good comprised of lines, ovals, squiggles, ;J'hic's the name, smoke's my game") .•
seat in the dope game. So, in Barran- and striki ng representational motifs. one of the Colombians can read En-
quilla, he tracks down an American Leaping jaguars, voluptuous women, glish, but it makes no difference. They
dude who introduces him to a kid who thrusting, penile aeronautic shapes al- are impressed. He must be a star, a
tells him about another kid .... To make ternate with cozy domestic accommoda- big celebrity. Right? No, wait a min-
a long story short, he meets Cesar. one tions, like draped and tasseled curtains ute! Isn 't that a reefer burning in his
of the major characters of this narra- on the windows or draped and tasseled hand? Aha! That's it! He's probab ly a
tive: our interpreter-a young, Afro· curtains painted on the windows! The famous dope dealer. You know how
headed kid of ni neteen who not only w indshi eld always sports a fringe of the America ns make heroes out of their
speaks pre tty good sing-so ng English jiggle balls and tassels, the hood a worst c rimi nals. This ma n must be a
but shows a lo t of street savvy. couple of fake sports-car air intakes, very big marijua na crimin:il.
T he fi rst thing they do is n.:nl a the f.:n<.krs va r i o u ~ cmbm •cd o rn:i- O vernight the wh ole t O\\ n of S;111t a
car. A 11.1:u1al ste p. u logi.. :d ll h..1•. .... a n m.:11h :i n I d e si g n~. T h'-· ''hole \ Chi.:lc Mona starts to b u71; ::i h0 u t thi, .:r..i. ,.
Ani.:1 k;.m tnw ..:I rd L, , li k·.: n.:-.·n ini, be..:,1111'.• a pop-::;t s~ u lp t u r.: or th<: g1 ingu t!opr. d.:akr '' hv h.'- .:c:::r. d,... ,\ ;1
a hot1:I rvvm Bu i i11 Coil .1 i.· ru1t:1•g n h•ot n .1 ':". ..: colo ri11 g· l1-11)k pru\d t.1n..:c . from the 51.!l.:s w ith a 11 .ill i...11 d ...•llJ t>

OCTCC: En 18 , 1S~ G, 1. r. .'/ YQR,; 47

 •
and a Colombian interpreter and a
l brand new Renault 4. Ah, these Amer-
•J
'tii ' '
icans! They are crazy bastards! So reck-
less ! So loud! They act as if the Jaw
' Deep water photography
,I gives up its secrets at Nikon were a joke! They understand nothing.
I
House. Nature It's dangerous to do business with
• I· photography. Fisheyes and
them . Still, they have the dollars. The
\' people. Macro close-ups
and m any other subjects American money that goes so easily
are explored. into the Venezuelan bank account.
,I There's a new subject
almost every evening at
They have the little planes, the boats

i' the Nikon House seminars.

There's a place waiting for
you.Just sign up in advance
with sails, the fast boats, too. What
can you do? A man must live. Even
this crazy gringo must be understood.'
so you'll be expected. What can i t hurt to sit down w ith him
There's n o cost. Nothing
' is far sale at Nikon House. in a quiet, private place and speak a
No homework either. few words? Ask him a few simple
I, Bring your curiosity questions like "How much you want?"
anytime. There's a lways a
~ complete example of every
Or "You got a plane or a boat?"
By the end of his second day in
·1 I camera, lens and system
component with the Nikon Santa Marta, Chic h as discovered the
name on it.
1r On the walls of the Nikon
local dope dealer's hotel and procured
·I House gallery are the most
himself a room. The joint is called the
Yarimar, and it's w ay the hell out on
., striking examples ofcamera

.,,,.
I I tools, techniques and the edge of town down near .the beach .
1.: talents we can assemble . It's crammed from top to bottom with
i Each month a new
collection is presented.
· cheap dope-hunting hippies indistin-
,l I I
1
You're invited to learn guishable from the contrabandistas and
I !
something every time you their molls. When you walk upstairs,
'i; visit ... at Nikon H ouse. you can cut the smoke with a knife.
,I
l -· ~Nikon·.: House
The first morning, when Chic comes
!~ down to breakfast, the manager intro-
duces himself and takes a seat at the
!~ 437 Madison Avenue ·af SOth Street. New York 10022 table. Over a cup of cafe con leche,
Open 10 AM to 6 PM Monday through Frid ay
he confides to Chic that he has for sale
j - right now!- 1,600 pounds of mari-
; juana and six: kilos of cocaine. Chic
' smiles. "That's great, man . But I'm

!
I,

!~1 FlyI cruises gonna take my time. Look around.

Take my best shot, ya unnerstan'?"
I: ·1i American Express Style Then, before Chic can leave the ta-

1· I: ·'·~
$895- $2,000 from New York ble, the nex:t shift comes to work. A
flamboyant-looking Indian walks across
1! i.
,,
~
on the T.S.S. Atlas.* . the room and stands before th e table.
He's wearing a pumpkin-colored Ecua-
~ t If:,,
1. 13 /14 day
winter fly /cruises! dorian shirt embroidered down the cen-
American Express has ter with .tropical fruits and leaves. He's
............,,.--- chartered a beautlfUI ship, the got a Colombian Indian sash around
. [I Iti
I
r:s.s. Atlas. w e sail from Fort
I Lauderdale for 14 days to Cap the top of his blue jeans. On his feet
I~ Haitfe n, Och o Rios, Aruba, La are bright-red-and-white sneakers with
' Gualra !Caracas, Venezuelal, red-polka-dot laces. His brown Orien-
Grenada, Barbados, Guade·
loupe and St. Thomas. A special tal visage, delicately lined, with a sparse
r 11 15·day Christmas cruise, mustache and beard, is crowned with
•• 1 ' at an additiona l cost. an American base ball cap. A massive
embarks Dec. 18 and includes
·i !t Trinidad: A 13· day cruise leaves stone necklace with carved amulets rings
~
I Jan. 2 1excluding Barbadosl. his neck and around his left wrist are
14·day cruises sai l Jan 1S, 29, wra pped at least 30 strands o f fire-red
Feb 12, 26, March 12.
Peruvian beads. Flashing a smile like
come In o r phone for free
brochure. Cha rlie Chan, the cat says : " How
much you wa nt?" Chic grins and says,
In New York CitV: "Sit down." The Indian smiles even
1so East42 Street - 212 /687-3700 more broadly, and lowering his face
374 Park Avenue-212 /421 ·8240 close to Chic's, hisses: " You got a
65 Broadway - 212 /344-6500
125 Broad Street-212 /480·4590 plane or a boat?" Chic grew up on boa ts,
Travel Bur eau in Macy's CHerald SQ.I, so out of thin air he throws him a line
Gimbels 133rd. std> Bloom in g da1e·s. that becomes his stand ard pitch in Co-
B. Altman ·s an A & S !Fulto n St .l
lombia. "I gotta 30-foot T ahiti ke tch,"
·c reek reg1st rv
he gro wls -m his most co n s ~ 1 rato n at­
fo n.::~. "It '~ bcnb..:cl in N "wJ • no d I
~ ..
\\_.u-:-;, ., lo:nl it u r \\ iib th•' LI [Jl>I cr, dJ
.. ~
y:i g~,f.
- A t th.it m~•l•k•ll . ;rct a110rh•. r gu~

48 N EW Y0ilr(/OCT03£R 18, 1976

 shows up. Let's call him Fi-Fi. He's a
good-loblcing, scar-faced young Span-
.ish Colombian with a passion for drink.
Even at this early hour he's brandish-
ing a beer bottle. He's the Indian's
partner. When he hears the magic
word ketch , he jumps into the conver-
sation. "You like boats, eh?" he asks
with a wicked leer; "I gotta boat over
in Taganga. I like to take you there
this morning and show you."
Taganga is where the Hollywood
film crews will go when the movie in-
dustry decides to make the first major
flick about the dope game. Picture the
tropical equivalent of a Norwegian
fjord: a deep ocean bay surrounded by
precipitous mountains that run down
to the stunning blue water like the
paws of a huge tawny lion. At the
back of the bay lies the village, a clus-
ter of low, blocky houses painted in
strong but faded colors. Before the vil-
lage lies the crescent beach, ringed with
wind-blown palms. The shore is lined
with huge red and yellow canoes, the
pirogues you're always reading about
in travel books and spelling out in the
crossword puzzle. " Primitive" is the
word for these boats, as it is for these
people: direct descendants of the Ca-
ribs, the Indians who were the original
inhabitants of the southern West Indies The No.1 selling scotch in Scotland.
and northern coast of South America. I YEARS OLD, ll P111ISC1tdl Whh ky. OhUlled. lledd 11• ..IUdl1 SC1U11d.t•,.rtd l1Tb1J1•a I . la• l•,.rtC11J~ N1w Y11k,N.Y.

As Chic surveys this piece of pure

nitrate-based 1930s exotica, he is prac-
tically smacking his lips. Without
anybody saying a word, he can vi-
sualize the whole operation. The trucks FOR ''OUR PLACE
hauling the grass over the mountain
road late at night. The fishermen up to IN Tl-IE SUN. TR'' Tl-IE
their waists in water carrying the bur-
lap bales on their heads out to the 51-IERATON 51-10\VPLACE
schooner. The final handshake, the sails
catc;hing wind, the boat slipping fleetly IN ARUBA.
past the. headlands out to sea. Ah, it Soak up the sun on a sugar white beach.
is beautiful to contemplate. A sym- Explore a charming island. Play tennis, take a
phony in surreptitiousness. dip in the pool. Take in a super supper club
Soon they're aboard Fi-Fi's 64-foot with dining and dancing. Then head for bed in
yawl, which is anchored near the an air-conditioned room.
shore. Fi-Fi takes Chic below deck to
show him the "work" that is being That's the life. That's the Sheraton Showplace,
done on the boat. One glance shows the Aruba-Sheraton Hotel & Casino. Just $13 to $21
Chic that the whole vessel has been (U.S. $ per person per day, dbl. occ., E.P.,
gutted. Lockers, bunks, galley, even plus tax, thru 15 Dec. '76, plus 10% serv. chg.).
the head has been torn out, leaving a For reservations at the Aruba-Sheraton, or
perfectly empty hull. Soon this sailing
shell will be stuffed with Santa Marta any Sheraton anywhere in the world , call free anytime:
gold. Fi-Fi explains that by packing the
bales practically to the overhead and
800-325-3535 .
Or have your travel agent call.
sleeping through the ten-day cruise on
top of the load, they can haul , in this
one moderate-sized sailboat, ten tons of ••••••••••••••••••••••••••••••••••••••••••••
marijuana to the west coast of Florida.
Ten tons of gold worth a million dol-
: Sl-IERATON IS A \VORLD :
i OF 51-iO\VPLACES 1
~®•
lars in New York.
When Chic gets back to the Yarimar ••••••••••••••••••••••••••••••••••••••••••••
th at night he is aglow with pleasur.:.
H is pk•> is working better rh.·n cou ld Aru ? Si •Ci C." 4
0 ~ Ilotc
S~lc?.A TOI ,
e. C8Si "'O
HOTELS & IWiS, \'/ORU1 NIOE
h a\·~ bL.:n ir.i .izirio.:d Th e sucl-.c• ts an:
PAL/..! BEACH. 011-1NJF';~t\O, ARUBA, NA. TE LE f'H0~1(· 3~\l
pra..:tica ll y srnn<lin 6 in line to do bu ~i- --- - - - - - -
 11
li
·1
!l "... The Colombians are looking for someone whose appearance
.' will scream: gringo! So they figure Chic is just a local Latin ... '
ness with him. What he doesn't reck- keep inquiring in loud voices, "Where guns can't. be narcotics agents. Th
on on, however, is the fact that his is Cheek?" When Chic appears on the DAS has new automatic weapons--nc
reputation as a big-shot dope dealer scene, none of the Colombians recog- nickel-plated .32s and old shotgum
from the States will strike some peo- nizes him. Chic is small, swarthy, hawk- You know what they are, schmuck
ple as an invitation to a ripoff. Kid- faced, and mustachioed like a Mexican They're bandits! These scum bums ar
napping is a highly developed racket in bandit. The Colombians are looking for faking everybody out by posing as copi
Colombia, as it is in so many other someone whose whole appearance will The oldest play in the game. The S1
South American countries. When the . scream: gringo! When Chic pops in Valentine's Day shtik. And you, idio1
I' word gets around that there is a mil- sight, they figure he's just a local Latin.
lionaire American named "Cheek" They speak to him in Spanish and shove
let them sucker you!
With that thought stinging him lik·
I staying at the Yarimar, a gang of the him in a room with the other guests_ a scorpion, Chic leaps to his feet am

' '
local hoods gets itself together to make
a snatch. Here's how it goes:
Just then, Fi-Fi walks into the hotel.
When a DAS man grabs him, Fi-Fi turns
Chic is upstairs at the hotel that and belts him in the face. The moment
starts racing up the stairs two at
time. He's running for the second floor
where he can climb out a window ano
' evening playing chess with a young Chic sees his comrade raise his fists, drop on top of the escaping bandit~
American dealer. Suddenly, lie hears an he leaps into action and attacks another He makes the window, throws it ope1
uproar downstairs. Never . dreaming of the DAS men. The DAS guys are -but it's too late! The thieves are tak
that he could be the principal cause of prepared for resistance. One has filed ing off in three cars. A quick check o
the commotion, he jumps up and runs the front sights on his pistol to razor his room confirms his suspicions. While
down the steps-straight into the arms sharpness. With practiced skill· he the· phony police search has been gc
of the DAS, the Colombian narcs, who smashes Fi-Fi across the nose, knocking ing on downstairs, the bandits hav•
are raiding the hotel. Seven rough-look- him to the floor, where he lies bleeding cleaned out every room in the hotel
ing dudes wearing civilian clothes and from a hideous gash. Chic, too, they belt. They got Chic's Polaroid, his tape re
brandishing pistols are herding all the When Chic picks himself up off the corder, and $700 in cash.
hotel guests into a back room, pulling deck, he feels a light going on inside his
their passports and emptying their pock- woozy noggin. He flashes: These guys The life of an adventurer is ruled b:
ets. As they push people around they with their rough-cut clothes and rusty Fortune, and this lady dic tates that fo

.._
;
every tip of the scale in one direction
there be an ans\vering dip in the other
direction. Chic takes a beating that night
at the Yarimar, but the next day he
scores a major breakthrough. He is
having breakfast with the battered and
bandaged Fi-Fi. As usual they are talk-
ing business. Chic is saying, "Look, I
wanna work with you, but you're jes '
like me--you're into transportation.
What I came down here to meet was
not another smuggler but the Colom-
bian Connection. You're gonna have to
introduce me to the Man." So Fi-Fi
takes Chic that morning to see the dude
who is supplying the dope. Actually,
there are two guys. (Whoever heard of
a dope business that wasn't some kind
of partnership?) One guy we 'll call
Don Evandro; the other, Manolo.
Don Evandro is a small, elegant, dis-
tinguished-looking old dude, with fine
Latin features and a great deal of
charm. He comes from one of the best
families in the region, and for many
years he served as a judge. At the
height of his political career, when it
seemed certain that he would be ap-
pointed governor of the state, he was
forced off the bench for passing bad
checks to cover his gambling debts·. So
h e swallowed the most bitter pill an
upper-class South American can stom-
ach: He went into trade. Chic is intro-
duced to him as he sits behind the desk
of a large hardware store in the center
of town , surrounded by coils of rope
: and sacks of seed.
. The other partner in this clandestine
.· operation, Manolo, is a much younger
man who also comes from a pretty good
family. He looks like an old-fashioned
, Latin movie star with wavy hair, melt-
ing eyes, and pencil mustache--who has
. picked up too much weight. He runs a
small construction firm as his legitimate
business. (It was his "palace" that Chic
brought me to.) Needless to say, Ma-
nolo ·is the man who makes the deals,
-· moves the goods, and takes care of the
money. Don Evandro is merely the po-
litical arm of the operation and its dec-
orous front. (He's also the only one in
the tip who speaks English.)
When Chic meets Don Evarrdro and
Manolo for the first time, he is con-
vinced tha t he has cut into the main
line of the dope operation out of Santa
Marta. That's exactly what they want
him to think. As hard as Chic works
to impress the Colombians with his
credentials, just so hard do they work
to impress him with theirs. Don Evan-
dro in vites Chic to his ornate baroque
mansion on one of the c ity's main
streets. Manolo ope ns his safe and
s'hows Chic his money : abo ut ha lf a
mill ion in cac;h . Chic . who 's neve r hel d
OtllQ a d it tc· iP hi , lif·· b l t h ;u pi.''Cd
im:•) pk·11<y . pl :iy~ th.: p.rt o f tit hi:.:
!\ .:\·. Yor\ d1·1 · d I \I it}, i 11r.1 ;1.: t« -
sources. Every day he drives up in his
shiny new car with his interpreter,
TREAT YOUR
Cesar, at the wheel. He talks about his
wealthy partner back in the States who
HOME TOA
will soon be joining the party. At the
drop of a hat, he expatiates on the
LEVOLOR
beauties of his 30-foot Tahiti ketch.
This rondelet goes on for about a
WINDOW
week, with each side countering the
other's professions of friendship and TREATMENT
demonstrations of power with answer-
ing professions and demonstrations.
Chic is in no hurry to bring matters
to a conclusion because he is bluff-
ing. The Colombians, for their part,
are accustomed to going very slowly.
Actually, Chic need not labor so
hard to ingratiate himself with his
Colombian connection. So far as dope
is concerned, Colombia is a buyer's
market. The supply of marijuana, hash-
ish, and cocaine so far exceeds the
means of transportation that Colom-
bians will do practically anything to
get the stuff off their hands. The stan- Levolor Riviera Blinds
dard asking price · for first-quality gold, The imaginative new idea for windows,
for example, is $40 a pound. The mo- available in more than 100 beautiful colors.
ment the buyer complains that this is The only 1" slat blind with the Magic Wand
too much money, the Colombian con- Guardian Tilter. that lets you tilt your blind
easily, without overturning it. They also
nection offers to "front" the grass- feature unique safety brackets. So, when
sell it on credit-for $10 a pound. you put them up, they stay up. No other
If the buyer gets through with the window covering combines as many
' load, he owes the seller the balance functional virtues with as muc h beauty.
of $30 a pound . If he doesn' t get
through-if his plane crashes or his
boat is seized or somebody hijacks his
load-the rule of the game is that he is
entitled to return and receive another
load on the same terms. This practice
of selling on credit is so common that
it has a special name: gorranando, which
is derived from de gorra, i.e., "without
paying." In point of fact, the buyer is
paying-and paying plenty-for the
grass, even at $10 a pound, because
the Colombian connection is buying it
at the farm for less than $7.
Most American smugglers provide
their own transportation, but if the
buyer has no plane or boat, he can Levolor Woven Shades
Woven Aluminum. the look of wood but
make a deal to have the stuff carried the wear of iron. It can be custom made
in a Colombian vessel. The Colombians into shades in a wide variety of colors
load old freighters with up to 50 tons ano textures . Unlike
of grass at a time, and send them chug- wood, will not rot,
ging up the coast of the United States, splinter, or mildew. ·
where they rendezvous at four or five
different points from Florida to Canada
with small , fast-contact boats. Almost -Levolor Loren;;-n~n-;;:-1
anybody can raise enough money to buy I 720 Monroe St. I
or rent a couple of old cabin cruisers I Please send me aHoboken. N.J . 07030 I
or fishing boats which can run outside co py of .. Window Magic '.'
I I enclose 5 0¢ for handling and mailing . I
the twe lve-mile limit and pick up a
I
couple of ton s apiece. The price for IL Name _ __ __ _ _ _ _ _ __
this service is $80 a po und; but whe n
I
I Address _ _ __ _ _ _ __ _ _
a smuggler runs the grass back to shore
it escaln tes instantly to $250 a pound. l City_ _ __ _ _ _ _ _ _ _
I
I
I
Wh.:11 he runs it up to New York by I S1a1e _ _ _ _ _ _ _ Zip ~
ro., !, it jumps to s~oo a pc11111d If I
h L' '~ 1 ~·111) a fn11 <1l ic- a 1uLtl m.tk ing 1non-
e ) ;i11...' :;~ " , IT du: 1>-1ur,J, indi\ j,lu .. lly.
l Lt\/Ol ()~ ~IVl_ERA o~~s JI
OC • _, ,, 13. 19ib 'lE'.'I YQF',~ 51
 r
' 12 n
•
er mca
happens
and makes the
i I
year-round fun of
I
Pinehurst, N.C.
happen for you.
Combine a gentle climate with
one of the world's best natural
settings for golf and some of
the finest courses anywhere,
and you have a place that really
speaks for itself. Add a sensa-
tional new tennis complex, a
wide range of deluxe accom-
.r· ! modations and recreational
facilities that ru n from 200 miles
of riding trails to a 200-acre
j.
bass-stocked lake, and you
have Pinehurst. To help you get
r·• there, Piedmont has terrific
Pinehurst Hotel, Golf Course
Villas and Country Clu b pack-
ages-along with wide-comfort
, .737 jets, via Fayetteville, N.C.,
from N ew York's LaGuardia.
; ,j..e ave at 9:45 am or 7:00 pm;
it's less than 90 minutes, non-
stop. See your travel agent or call
Piedmont Airlines in N.ew York, .
489-1460; in Newark, 624-
8311. Most major
credit cards
accepted .
PIEDl77017T
" ... Colon1bian grns s th;1 t r-c ,..;ts ~ 6 a pound
can sell in New York C ity [or Sl,000 ... "
they're worth about $500. If the grass
is bagged in ounces, "dimes" and
"nickels," the value of a single pound
of grass that cost $6 or $7 in Colombia
can be stretched on the streets of New
York to $1 ,000.
What the American smuggler wants
in Colombia is not a bargain price on
grass but insurance that the quality will
be high and the load will be at the
pickup point at the specified moment,
without any hassles and without any
problems with the police. The Colom-
bian connection, therefore, is not sim-
ply a dope supplier or warehouseman.
He is a dope factotum. He has to or-
ganize the hauling and loading opera-
tion, engage the crews, and rent the
trucks and tractors. He has to rent
the airstrip and prepare it for landing,
furnishing it with whatever the pilot
requires: a wind sock, a radio, gasoline,
food, vodka, cocaine. He has to be able
to bring a boat in at night with blinker
signals . and provide a pilot familiar
with the shore. He bas to be complete-
ly at home in a labyrinthine network of
police corruption, which extends be-
yond the local to the federal police and
coast guard 1111d entails not only bribery
to look away from the crime but brib-
ery to ride shotgun on the load and pro-
tect it against bandits--an interesting
switch on the customary duties of the
narcotics police! Above all, the Colom-
bian connection has to be so well-con-
nected himself that he is aware of
everything that is going on in the com-
munity that could interfere with the
smuggling operations. He has to have
advance word when the central govern-
ment is sending down the army to make
a sweep. He has to know when Cus-
toms has decreed that somebody must
get busted to make things look good in
Bogota. Et cetera, et cetera. If the con-
nection is doing his job, he's worth
every penny of the $30 over cost that
he's charging the American smuggler
for every pound of grass that passes
through his hands. That's what Manolo
keeps drumming into Chic.
Chic, for his part, couldn't care less
whether Manolo is worth his price.
What interests him is seeing with his
own eyes exactly what h as to be done
to buy the weed and get it out of the
country. He tells Don Evandro or Ma-
nolo: "Look, I got a partner back in
the States. When he comes down here
and I tell him, 'These people got this,
these people got that,' he's gonna say
to me: 'Did you see it?' If I can't say
I saw it, he's not gonna belie ve me."
That is a marvelous ploy because it
keeps th e stream of disclos ures fl owing.
One day, for example, Chic is go-
ing on about how worried he is tha t
his 30-foot Tahiti ketch will run
aground coming into the secret loading
area. To still his fears, Don Evandro
introduces him to a tough-looking little
black who bears a striking resemblance
to Miles Davis. El Morro---the Maor-
is what everybody calls him. His busi·
ness is loading small boats with weed.
Don Evandro explains to El Morro
that Chic is an important business
contact who needs precise informa-
tion on docking his boat. Would El
Morro show Chic just what he will
have to do to load his vessel ? The Moor
thinks for a moment; then he says he
will meet Chic at his hotel the fol-
lowing morning. They will get in
Chic's car and drive out to the Guajira.
The Guajira is one of the most leg-
endary lands of the dope game, a wild
and arid peninsula thrust out into the
Atlantic Ocean and ruled entirely by
outlaws. It was in the Guajira that Pa-
pillon lived his lovely idyll with the two
Indian women who were pearl divers.
It was in Riohacha, the principal town
of the region, that Papillon underwent
his nightmarish imprisonment in a dun-
geon that filled with water at high tide.
Chic has been dying to get out to the
Guajira ever since his arrival in Colom-
bia, but the region is so dangerous that
even the Colombian Army is reluctant
to enter it. When the army does make
one of its infrequent forays, it goes
heavily armed and often suffers the
casualties of war.
The next morning E l Morro arrives
punctually at seven. something almost
unknown in Colombia. He is accom-
panied by two of his men, because no-
body ever, ever does anything by him-
self in a Latin society. Out along the
coastal road they drive about half the
distance between Santa Marta and Rfo-
hacha. They tum off the highway onto
a dirt road and roll down toward the
beach. When they get to the shore, they
are met by a ·watchman who is cradling
a shotgun in his arms. Then the whole
party takes off up the beach.
Eventually, the silently marching
men come· to a shallow river and plow
right through it. The water comes up
to their knees. A hall hour later, they
come to another river. This time they
have to take everything out of their
pockets because the water comes up
to their waists. Finally, they come
to the river they are seeking: the
secre t river, the smuggling river,
•
where the boats put in to be loaded.
The rainy •season has just ended and
the river looks mean and swollen. El
Morro starts to undress. Chic follows
suit, pulling off his boots and jean~ and
standing there instantly naked because
he never wears any underwear. When
El Morro removes his tr 'Users, he turns
out to be wearir.~ a brightly colored,
floral-patterned bikini. Then he pro-
ceeds to explain that this river is highly
dangerous.
The instant Chic hits the water, he
sta rts fighting for his life. The power-
ful downstream current is sweeping
him out to sea, while the deadly under-
tow · is dragging him down into the
depths. Putting forth all his strength,
he barely manages to hold his own.
Meanwhile, El Morro, who proves to
be an incredible swimmer, is diving to
the bottom and breaking the surface
over and over again, demonstrating the
depth of the water. Finally, both men Rolfs J~bo Zip Kit ~pens wide, yet closes flaL Inside,
drag themselves out on the opposite there's a waterproof liner and handy pouch ... extra ·
bank. Chic is winded but game. They touches all made with the same flair for design and atten-
start to walk upstream, two little, naked tion to quality that you've come to expect from Rolfs. ~e
men : One is as white as the inside of a man on the go can carry it off in style with the Jumbo Zip
radish, the other is black. Every ten or Kit from Rolfs. ·
twenty yards the Moor wades into the
river and demonstrates that in midstream l
the depth is greater than his height. Chic
nods, signaling that he comprehends;
ROLFS . .. it shows you ~are. ..
division or Amity Loather Products Company, Wost Bond, WI 53095
meanwhile, he's looking around in
every direction, spying out the lay of
the land. At the first glance he spots
the major advantage of this river for
smuggling: Its mouth is masked by a
sandbar so that when you gaze at
the shore from the sea all you see is a
con tinuous line of beach. As they ad-
vance farther up the bank, he observes
the encroac hing rain forest gradually
close over the rive r, shielding it from
aerial observation. Pointing up at the
overhanging trees and vines, EI Morro
says : "Muy profundo!" Chic's eyes
narrow appreciatively. The Moor is
right. The river is virtually a tunnel
boring into the heart of the Guajira.
" Okay, okay," signals Chic, after
they have hiked up the bank a few
hundred yards. "You've sold me. Now
show me how you get the dope down
to the ship." The Moor signals his un-
derstanding and leads the way another
hundred yards up the river. Picking his
way through the green gloom of the
forest. he suddenly stops. He thrusts
out his arm, pointi ng off to the left.
0
Sure enough, lhere is a trail leading
ofT at an angle from the riverba nk .
Chic laughs with glee when he spots
this muddy track. " It was the Ho Chi
Mi nh Tra il, Al. hacked outa solid
jungle and full of footprints where they
ca rried down the last load strapped to
tht:ir b.1d:s. "
'•
\\' 1tl1 tit· hli-in.:., of ihL· d. \ ..:u11
clliJ ·,I, t:\.l)bud) ·~ 111 ' nJ lUI > t ·, f,.,.1d
 First, though, they must make the long
trek back to the car. They could have
approached thfa spot much more close-
ly in the car; but by parking near it,
they might have attracted attention and
jeopardized the site's security.
The walk back passes much more
quickly than the bike out. Soon they' re

,l~.. 1,....
'
i
·. ~
in the car and heading out along the
highway deeper into the Guajira. Once
more they pull off and roll down to-
p Tct~;i\11~1 ~
Northern Italian Cuisine
I
I ·.I~
f
ward the beach.
Tliis time they approach a strange
·
246 East 54th Street
New York, Ne w York 10022
and p rimitive-looking house, a kind of (212) 371-8144 ' .
Seminole Indian thatched hut on log
piles. A lean old Indian comes forth
to · greet them. He's wearing khaki
pa nts with no shirt. Around his neck is
a string of pre-Columbian beads big as
ma rbles. He's got a face like you'd see
on a Mexican coin. When he greets El
Morro, he seizes him in his arms and
lifts him clean off the ground. Then he
leads the way back to his house, shout-
ing instructions to his wife, who also
comes forward to greet the guests. She,
in turn, calls out to h er maids and
.' then the whole party is assembled
around a table which is being laded
w ith every sort of food a nd delicacy
afforded by the region.
i.jJ Soon Chic is able to infer that this
I·
.
.1.
old Indian is the local smuggling over-
seer. His job is to live close to the land-

•
ing site and supervise the loading
crews w hen the boats run in. He has
made many moves with El Morro and
regards his appearance as a sign that
soon he will receive fresh orders. The
meal is prolonged all afternoon. By the
Seo.To>&e
~ Ute Ae:gtUUt
time they get back to town and drop 25 West 56tb St., N.Y.C .
off the me n, it is 7 P.M. Chic has passed THE FINEST IN SEA FOOD
a perfect day in Colombia. ,......IJiilll AM. EX. Accepted ...........

When Chic completes this epic reci-

86 h\J-. 1 ~ - J
In.,, '· l•t J3 c,; C:"
tation, two emotions come surgi ng up
inside me. I want to applaud him for
his daring and resourcefulness in bur-
rowing into this nest of c rime and cor-
ruption. At the same time, I want to
raise hell about being put in the posi-
ti on where, willy-nilly, I am go ing to
look like a b ig-time dope dealer and
become the target perhaps for just such
a kidnapping attempt as had been
made upon him. There was no time,
however, to offer congratulations or
make protests. After an anxious in-
quiry about the hour, Chic jumps up
and declares that we must depart im-
mediately fo r Manolo's house in town.
The Man wants to talk business with
us th is very morning.
When we inqui re after Manolo, we
are informed th at he was up late the
ni ght before at the cockfights, but he Lunch • Dinner • Cocktail Lounge
will be waking soo n. Won't we just • Suppt!r Til } A.M .
step out to th.: ccirport and jo in his L Y~ N RICH\P-11:> & D O.'/ TA flvt:
m.::11. \\ hu ar<. li:n in;; :• fe\•, d1i 11~,? a t th.: phn.•
d 1 1't •~•I
1
·1 he· c ,1 1f'1rt 11">' ,-:, l e~ he 111\1•.'li lli ._,. 2 lll L · ' 5t-tlt ~· r, · Tel· Pl J .5_.13
~: 'I V t 19:-; lit 1 1h.· h...i d~\." It hit , b<:c!t c.k1. " 1.l(., I (E, .• • • n 3rJ & 2nJ Ah>.)
•
like an arbor with vines and wicker
cages filled with chattering birds.
In the carport is Manolo's fa ther,
Gorizago, a smiling old man who sits in LOOK!ALL MY FRIENDS FROM
a rocking chair, supporting on his lap a LONDON, PARIS, PETROtJRAD AND
pretty little girl with big brown eyes,
whose stubby little hand is constantly HOLLYWOOD ARE HERE!
grubbing about in a box of cookies.
This charming picture of domesticity is
violated the moment the old boy opens
his mouth. He speaks English but he's
senile or drunk or both, because all that
comes out of his mouth is sing-song non-
sense phrases and scraps of old English THATS A LONG WAY TO
music-hall songs from SO years ago. COME FOR SHASHLIK.
Then I'm presented to Carlos and
Lucas, who are mulatto hit men from IT MUST BE GREAT/
the Guajira. These two guys have ram-
rod backs, little hindquarters, dark
complexions, big brown eyes, very
curly short hair , and huge ha nds. One
other man is there, a white man who '
looks like Walter Matthau. He intro-
duces himself as a n agronomist.
Assoon as we are se.ated, Carlos, the
better-looking of the two hit men, be-
gins to do the honors of the house.
Holding the bottle of Johnnie Walker
Black Label in one hand, he pours
whiskey into a glass held in the other
hand and shoves it first into my face
and then into Chic's. The style of the
The RussianTea Room
150 WEST 57 (SLIGHTLY TO THE LEFT OF CARNEGIE HALL) CO 5-0947
American Expros.s a nd other cards welcome.
drinking in Colombia is crude, joyless.
and compulsive. It is like a game o f
spin the bottle. First the host pours;
the n he looks about him for the most
likely candidate; then he shoves the
drink into your hand. You are supposed
to throw back-like a man-an amount
equivalent to four shots. If you protest
that you don't want the whiskey. one
of two things wi ll happen: Your pro-
test will be interpreted as a demand
for some other kind of alcohol, in
which case the other two standard
drinks will be broken out: wonderful
and costly Napoleon brandy or--<:an
you believe this?-Manischewitz wine!
If your refusal is not interpreted as a
request for a nother kind of booze; if,
God forbid . the host gets the idea that The Horchow Collection Christmas
Ca ta logues give you the p leasure
you're reluctant to drink. that you're of unhurried. unhorried Christmas
just be ing coy or hard to get. this steel- shopping al home with exclusive.
muscled jaguar. this pistol-packing kill- exciting and Imaginative selections
er, who wou ld just as soon blow your of gifts from the practical to the luxe.
head off as look at you, will suddenly For your copies. al NO CHARGE.
adopt the simpering manner a nd en- Handsome footwear. ideal for those bri sk call toll-free 800-327-8912 (In Florida.
walks in the country or practical city comfort. 800-432-5024) or mail this coupon to
ticing posture of an old-fashioned Fall and winter protection in an English country P.0 . Box 34257. Dept. 04025.
B-girl. He'll hold his bottle and his manner. Rich cognac brown suede upper and Dallas. Texas 75234.
glass up in the air, and then. with a plantation crepe sole by Cheaney of England, NAM.__ _ _ _ _ _ _ _ __
a division of Church's English Shoes.
killing look from his beautiful , soulful , ADORE.....__ _ _ _ _ _ _ _ __
brown La tin eyes, he'll plant himself ~.;~ CtTY_ __ __ STATE / ZIP_ __
right in your lap and feed y_ou the drink
the way a mothe r feeds a baby. Can
you sec Ch ic Eder. with his pocked
com plexio n. bristling mustache. hawk- THE
likc fea tu res, and skinny little sala-
For Free Calalogue Wrile
nrnndi.: r body, suddenly receiving into
Church's Eng li sh Shoes
hi- h p 170 pound < or brown-panther 428 Madison /we (at 49 St )
kil l r ., \\ .II . I 11.:ll } OU. it bru ,, up tl 1c· I
New York (2 12) 755 ..;31 3
hv) . i11 :'\ l..-,,1},,-~ c :11 1 ,11: G,"lt th.: \..
 •
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p1;r hal t hour . .;(;mi· pri' J l c
instru ction, dUto ma ti c bal l
machine courts. 30 'Jne-half-
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hour sessions cou rse , fantastic
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greatest laugh of anythi ng that hap- nearly 50, a man wi th gray hair, a man

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pened the wh ole time we were down who obviously isn 't d ~s pe rate or a
.
a:
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H·R·C method. Also available,
championship Har-tru courts.
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in Colombia. hardened crimina l, w ou ld be engaged
.
a:
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Reserve now. Call
.
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By I 0 : 30 in the morning, everybody
is half-loaded. Grandpa is drooling
in a business as dangerous as smug-
gling dope up from Colombia. To be in
.
a:
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HRC•HRC •HRC •HRC •HRC •HRC •HRC•HRC •HRC
.
ll
0 with senile dementia. The grim Guaji-
rans are starting to leak a little mirth .
the , game at my age is virtually un-
heard of. It must mea n something. It
Just then, the star of the show makes must mean that I am a man of power,
his e ntrance, looking sleepy and be- a man who is protected by money or
fuddled . Manolo has that spoiled Span- family or connections. Perhaps I am
ish look that comes ' from having been the Godfather?
the pampered boy-child in a macho
society. He's fat and sensual, his face Once the stage is set, Chic steps into
puffed out with sta rch and alcohol. the spotlight by squatting down with
He looks ten years older than his real his back against the porch rail so that
age, · 34. When he sees us, though, he he faces the audience of attentive Co-
smiles with great charm and explains lombians. He's really in his element
that he was up till dawn. After taking now, chairing a sit-down in the Big
one look at hls father, who has now Yard and drawing on all his years as
passed out in his chair-with the little a jailhouse politician and prison pala-
girl still seated on his lap consuming verer. He opens the conference like a
her cookies-Manolo indicates that we referee by laying down the rules of the
should · leave the house and go else- _game. Everyone is to speak in turn and
where to discu ss our busi ness. no one is to reply until the previous
We get in our cars and drive up to speaker's words have been translated.
the palace on the hill where I h ad Cesar, who squats beside hlm, is ad-
spent my first night in Santa Marta. monished to interpret every speech
Manolo produces a flamboyantly col- faithfully, without shortcuts or dele-
ored hammock and rigs it with prac- tions. Now, having caught the audi-
ticed skill, holdi ng the rope end be- ence's attention and established the
tween his teeth, like a sailor. When seriousness of our deliberations, Chic
he's strung it up, he invites me to lie goes into his act.
down inside this soft. clinging body First, he establishes himself as a man
snood. Meanwhile , the others have of goodwill. He explains that he is not
dragged out chairs and inflated an air greedy-just ambitious. What he seeks
mattress and p repared themselves as more than money is fri endship. When
A good American restaurant Americans might for a sunbath or an a man has friends, he has everything.
with French accents. evening of chitchat on the veranda. When he has only money, he has noth-
I have no inkling of what is to hap- ing. As Chic enunciates these fortune-
pen ; despite what Chic told me this
Chateau morning, I'm still thinking in terms of
investigative reporting, journalism,
cookie proverbs, Cesar translates them
in a low monotone. The effect is hyp-
notic. Medieval. You ca n hear the

Terrace
In the International Hotel at Van
writing, getting the story-all that non-
sense. I recognize dimly in the back of
my mind that these people must regard
Wyc k Expressway on Kennedy me as Chic's p a rtne r in crime; perhaps,
International Airport. Unlimited free judging from our respective ages and
parking (212) 995-9000. · appearances, even his boss. If I had
given any thought to the matter, I
would have realized that no Colombian
could believe that I would come all
For the GREATEST the way down to this godforsaken
STEAKS, PRIME place and enter the company of dope
smugglers and expose myself to all the
RIBS & LOBSTER risks of such a venture just to get a
story. Why take the · risks of a dope
smuggler without participating in the
profits? Later on it becomes clear to
me exactly how these people regard
me, how they see my clothes, my man-
ner, my relationship with Chic as signs
of great wealth and power. Not only
do they regard me as wealthy, they
are in awe of my age. Or, more ex-
actly, they are astounded that a man
monks chanting in the cathedral. The
Colombians are spell bound. I 'm im-
pressed myself-and I know everything
he's saying ·is nonsense.
Chic turns now to what promises at
first to be nitty-gritty dirt talk, but
soon evaporates into pure fantasy.
Staring earnestly at his audience, he as-
serts, "My proposition is simple. I gotta
30-foot Tahiti ketch, and I wanna load
it up with the finest gold in the Sierra
Nevadas." Smiling disarmingly, he con-
fides, "My problem is-I don' t have a
lotta cash." Then, with a quick rush of
candor, he says, "The reason is ..." here
he pauses, turns, stares at me, and
smiles-"because my partner, here, Al ,
spends it quick as I can ea rn it. " When
thi s irresistibly human confession is
translated, it gets a big laugh. Manolo
rears up on his elbow from the air
mattress and says he understands per-
fectly; he has (Continued on page 61)
,
•
" I f cI t LIi c cI :-1 ~ (" ic 111 c r ican f c~ Ii 11 g 1n
the [ace of evil- that it j us t ain 't real. .. "
(Co11ti1111ed from page 56 ) the same
problem with Don Evandro. No matter
how much money he makes. the Don
gambles it away at the tables.
Lying in my hammock, witnessing
every word, every gesture, every breath
of this extraordinary confere nce, I feel
that I am watching a movie; or rather.
to be more accurate, I would say I
feel far Jess than I usually feel at the
movies. Though I know that my part-
ner, Chic, is dying to load up a boat
with marijuana and sail it back to the
States; though I recognize from the
accustomed manner in which these
men listen to Chic's propositions and
their replies that they have engaged in
many such conferences as this one;
though I realize that this is your
typical Colombian dope conspiracy,
viewed close up like you'd read it in
a book-I still can't believe the evi-
dence of my eyes and ears. Looking
back on the whole Colombian adven-
ture today. I would say that was my
greatest failure down there: I could
never believe ;what was happening
right before my face. I suppose it was
partly psychological insulation: a pro-
found, morally grounded reluctance to
get involved in a criminal conspiracy.
There was also an element of naivete
and ignorance of the underworld. The
principal reason for this curious emo-
tional disconnectedness was, however,
the feeling I always have in the face
of evil-that classic American feeling
-that it just ain't real.
As the conference nears its end,
with Chic rising to ever greater heights
of fantasy, phiJosophy, and playacting
(I think this performance must be one
of the greatest · moments of his life) ,
the mood of the meeting begins to
heighten and brighten and levitate to-
ward jollity. Reaching down into his
deepest well of inspiration, Chic hauls
up what he must feel will be the ulti-
mate Latin put-away. Turning to Cesar
with an air of Rooseveltian nobility and
phopbecy, he says: "Tell them that
once the business gets going, I 'm gonna
come back here and buy me a piece of
land in this country and build me a
house where I can live half of every
year." When the Colombians hear the
magic words casa, patria. vita, their
eyes light up, smiles wreath their nod-
ding faces, and Manolo, recumbent all
this time on the mattress, rises up a nd
speaks vigorously. Translated, his words
are: "I have just the land for you: a
place where you can see the mountains,
you can see the" sea, and where no one
Jives near you. There is only one prob-
!e m: Our law says that no foreigner can
live here for more than a month wi th-
out a visa, and with a visa only six
months. It's too bad you have Mary
because our law says that if you marry
a Colombian citizen, you could live
here forever. I have a lovely siste r. ..."
As he says the word sister, everybody
bursts out laughing. Manolo raises his
hand. Rotating it slightly at the wrist, \ I
with a comme ci, comme f a gesture,
he smiles and says, " For business I will
do anything!" This is lush 100% cashmere, from
So, on this note of macho humor the famous Hawick district of
and dynastic fantasy, the conference at
Scotland. It takes the hair from
the Palace of King Dope concludes.
After the Colombians have departed, four to six horned cashmere goats
'I
Chic says: "Next time we have one of to fashion this one precious turtle-
these meetings, Al, we're gonna get the neck pullover. Long sleeve style,
whole thing on tape.""lsn't kinda no back zip. White, navy, wine,
dangerous?" I ask. "Not if we're hunter green, geranium.- petal pink,
careful. We'll jes'have to stash the ma- chocolate, scarlet. Please state 2nd
chine someplace close where it can color choice. $52. Add $3.00 for
pick up the voices." "Yeah," I reply, airmail and hand ling.
"but what's gonna happen when the
reels run out? These Sonys make a buz- The Continental Gave Hus
zing sound when they stop--or a pop Box 842 St. Thomas
when the buttons come up ." "Stop run- U.S. Virgin Islands 00801
nin' scared, Al!" ba rks Chic.
Against my better judgment, I agree
that every time we have an interview
with one of the dope plotters, we will
make a sneak recording. It is a decision
that nearly costs me my life.
By this time, it is late in the after-
noon: check-out time at the hotels. We
decide to try to get me a room. Get-
ting into the car, we drive out to the
r------------,
ALMOST~FREE
main highway. Instead of making the
tum !Oward Santa Marta, we turn in SAMPLE.
the opposite direction and sweep down The almonds and catalog are
the other side of the hill, twisting and free. Stamps and envelopes
turning toward the next bay along the are 25C. ·
coast, a resort area called El Rodadero.
The hotel Chic has in mind is called
We want to send you a packet
the Tamaca Inn . From a distan ce,
of our taste-tempting Califor-
nia Roasted Almonds. Almost
driving along the highway or walking absolutely free. Plus a gift
up the beach, the Tamaca looks like
any modern cast-concrete building. It's
square and white and functional in ap-
catalog and $1 certificate, good
towards your first order over l
pearance. When you get inside, how-
ever, and get a close-up of the construc-
tion, practically every surface, every
$10. You send us this coupon
and 25~ for handling. And we'll
send you a taste of California.
II
I
wall, ceiling, shower, or window, screams A Tenneco Product 9
CRAFT! The place is so badly built HOUSE OF ALMONDS
that it wouldn't qualify as a cheap mo- P.O. Box 5125. Dept. MH ·
•• Bakersfield, Cnlifornin 93308
tel in the States. Naturally, there is no
hot water. What gripes you even more
is the way the water pours out of the Stre et _ _ _ __ _ _ _ _ __
shower and all over the floor. Or the
way the door to the terrace-with its Ci t Y - - - - - -- - -- --
smashing view of the Caribbean and SLate _ _ _ _ _ __ Zip _ __
the tropical sunset- slams shut with a
noise like a pistol shot every time you
open the door to your room. Or--0h , L------------.J
OCTOBER 18 , 1976 / NEW YORK 61
,, ·r 1G dope
.. ~----
\·;1('a ti on<' rs nre a gro\ving class
o [ t l av c1c rs [roJn sJ11 a11-to\vn A in er i ca . . ."
p ush car whe re h ard to find . Then 'e
go down, 'ide drogs ." "Sure," I think.
"I 1 figures. Smack any car in Colombia
and it's even money you'll hit a dope
jackpot."
Once 1 get established at the Tama.
ca, I begin to observe my fellow ,guests.
They fall into three distinct groups.
First, there are the Colombians from
the . interior: prosperous families on
Christmas vacation enjoying the cus-
tomary life of a beach resort. ~n
tfil<re are the young Americans, ~tly
(rom the Midwest, who have come
down to Santa Marta to enjoy a c~
beach holiday and get off on the local
dope They are dope touriliti; a dis-
tinct and growing class of travelers that
- for cihvimrs reasons cannot be the tar-
get of heayY ads in the sljck mags QI
RQSters on public transport <1.Lai:ticles
in the AmeriCan Express magazine hut
who will someday account for a Jot of
vacation dollars in certain ar e flew down from Racine, he would have
wor . at is so amusing about these
dope vacationers is the fact that they
· are very small-town-Americ.a. One
young woman tells me that she can't
get over how happy her husband is here
in Santa Marta. He is a different man:
a lot of fun and very romantic. " What
explains it?" I ask. " It's the dope!" she
says, in exactly the same tone of voice
that her mother would have said, " It's
the salt air!" or " It's the country life!"
The Colombian government estimates
that 50 percent of its tourists come to
the country intent on buying drugs. The
best bargains in the land are certainly
marijuana , hashish; and cocaine. Santa
Marta Gold, which costs $60 an ounce
in New York- if you can ·get it-goes
for about $6 an ounce in Santa Marta.
Cocaine that is 89 percent pure- which
is as pure as sniffing cocaine can be
made-sells for $10 a gram. In New
York what passes for good coke costs
$100 a gram.
The important thing about all these
drugs is not simply their low price or
high ,quality. To an American, accus-
tomed to being hassled, cheated, and
even arrested and jailed for possession
of smalt amounts of "controlled sub-
st.ances," the thrill of Colombia, is being
able to walk around the corner, knock
on the door, put down your money, and
pocket your goods. Not that there is no
danger of arrest: The narcs are every-
where and the hotel employees may be
snitches. Exercising normal precautions,
however, nothing is likely to happen.
In the event you are busted, a few dol-
lars gets you off.
The most interesting class of tourists
are the "players," the dope dealers in
town to make a buy. Sometimes they
are easy to sp ot: three guys sha ring 'I
n suite and spending a Jot of time away of any scheduled airline
from the hotel on "business." Some- See how much you save when you
times, though, the players are indis- jet Icelandic Airlines th is Fall .
tinguishable from the dope tourists. We Look at our fares against lowest
met one your.g couple who were barely comparab le fares of any other
out of their teens. They were married, scheduled airline, round-trip from
and they came from a little town in New York to Luxembourg in the
Wisconsin. The husband looked like he heart of Europe, Sept. thru Oct.
worked for Sears Roebuck. Yet this
bland little boy was actually a daring Our Fares/Their Fares
do-it-yourself smuggler. He had arrived
in Colombia with $30,000 in cash in a
s395 S(,76
For stays of under 14 days. Save
suitcase. He had journeyed aJJ by him- $281 via Icela ndic!
self up into the mountains, where he
had negotiated without an intermediary s395 S607*
to buy an entire field. Then he stood For stays of 14 to 21 days. Save
by for several days while the stuff was $212 via Icelandic!
loaded and hauled out to a clandestine I
airstrip. He had paid off the cops and s359* 464* I
1.
arranged everything so that when he For stays of 22 to 45 days. Save I,
$105 via Icelandic I I
the load waiting at the field. He showed
us a picture that he had h ad taken of ss10 S676 11
himself sitting proudly atop a tractor For stays of 46 to 365 days. Save
trailer buried in grass. He h ad a couple
of uniformed , machine-gun-toting cops
in front of him and a couple behind. I S360
$166 via Icelandic!
Ii
could see him showing this picture For youths .12 thru 23. Stay up 1-
back home: "Hey, fellas, get a load of to a year. Get details on condi-
this Colombian hayride! " tions. Save $106 via Icelandic!
The fact is that by and large", Colom- S310* S362*
bians don't smoke grass: They grow it, APEX fare for stays of 22 to 45
smuggle it, die for it- but they don't days requires full payment at
smoke it. And why not, you ask? The least two calendar months in ad-
answer- to a Colombian-is simple. vance. Cancellation penalty and
They believe that when a man smokes other conditions. Get details.
not the first or the second but the third Save $52 via Icelandic!
puff of the "marimba," he _goes crazy *Add $15 on weekend flights. Add
from $41 to $94 on lcelandic's flights
and becomes a killer. He could kill his from Chicago.
brother, his mother, his own children.
That's why they call it "killer weed." Car Tours, Ski Tours, Rail Tours
Because our air fares are lower, our
You, dear reader, have been brought inclusive tours are the best travel
up to believe that all that stuff about buys. See your travel agent. Faressu~
grass maki ng men crazy and murderous
was just the delusions of an uptight,
bull-necked narc named Anslinger.
,--------- ...
ject to change.
To: lcelandicAlriines (212) 757-8585
You have always been told tha t con~ I 630 Fifth Ave., N .Y .. N .Y. 10020
For loClll toll free number 1
trary to. the myth, marijuana makes I di•• 1soo1555· 1212 · I
men cool, laid back, pacific not bellig- Send folders on : O Lowest-cost fares I
erent. If you were to rea_d the history
of marijuana, however, you would dis-
I O European tou rs
I
cover that all the wild tales that An-
slinger used in his notorious propa-
I Name
Street·_- - -- - - - -- - -
ganda were tales that he had collected, 1 City I
not invented . They were .tales in many
cases that came to him from south of
I State : Zip I l'•
the border, down Mehico way, where
grass has always been part of the life-
style. Nor were those tales necessarily I1 Icelandic
I1
LOWEST JET FARES TO EUROPE
fictitious. Look at it this way : Every
L.---------11OF A!\'l' SCHEDULED AIRLl~E. NY
..
OCTOBER 18, 1976/NEW YORK 63
 •
Owner FUMIKO HOSOOA
hell! Isn 't this ridiculous-a man plung- welcomes you...
• ing into the Heart of Darkness com-
"Dining at Shinbashi
plaining about the hotel plumbing! is spending an evening
in Japan"
When I awake on the morning of
my second day in Colombia, I feel that Special Complete
I have finally gotten things under con- Dinners at $5.90
trol. l am lodged in a tacky but pic- Party Facilities,
turesquely situated hotel. I am enjoy- Credit ~rds, Closed Suns_

,~
~ NE~,!~c~~~~!l.
ing the peace and privacy of a single
room. When I come to breakfast, I
find . the menu I had anticipated:
tropical fruits, huevos rancheros, and (bflt. Park & Madison}
excellent coffee. "Ah," I sigh to my-
self with satisfaction, "this is more like
it. Just like being on assignment for

Les Charmes White

Travel & leisure. " At that moment,
the door to the dining room opens and
in limps Chic like "The Spirit of '76." Relax
~
t.lAcoN LUCNl" -
Burgundy. Only gold
medal winner in its "What happened to you?" l chal-
lenge him. Seating himself at the table yourself
-·-
category at the Paris and gazing pensively across the room ,

~
~~
......... ..·~· -
.........,,,...,.,..,....
Wine Fair.
Now appearing in
New York at about
he replies: " We were just in a head-on
collision." "What?!" I exclaim, strug-
gling to make sense of this incredible
into shape
........._..::::,- ... --:- ~ - $3.50 the estate- announcement. "We were driving down Without long hours ·
"=---
- - bottled bottle. here and we ran head-on into a jeep," Without fancy gadgets
he replies matter-of-factly. " I think my
leg is broken." Without e1pensive programs
I
.I LesCharmes They had been driving down the ser- The Nickolaus Technique os the netural way
to exercise. Just ~ c lasses a week will

J· Macon-Lugny
Pinot-Chardonnay
IMPORT ED BYCHATEAU" ESTATE WINES CO.• N.Y.
pentine highway from the house to the
hotel, when they cut into the first big
bend. Cesar had drifted out of his lane
and into the oncoming lane. A khaki-
relax you onto shape and meintam your
condioon Quick. etticient. inexpensive. For
men and women on the go. Six convenient
Manhattan locatJons.
C11l lor ,our compliment1rt first lnaoo.
colored Toyota jeep was laboring up 212· 679·72015
the hill in that very lane. Everybody
saw the jeep. Nobody reacted, because Wickglaus Exercise Ceqtecy
OUTSTANDING there was plenty of time to get back Whac 1c t aktta to hutf oood

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• Mar. 23, 10 days, 4 ports
SEE YOUR TRAVEL AGENT FOR
I' RATES AND RESERVATIO NS
Hr: .. Q,. •.. [ " " ~ Ct l'Eil S I 396~
Ii • Y \ II Y 10 ' f· , (2 12J lJ~ I~ I~
ll" ~ c.:,; I .. 'I cw;/rttl ... • ,. : • Ri_. ,., 'I
into the right lane. The two vehicles
came closer and closer, their combined
speeds being about 70 miles an hour.
Then they crashed. Head-on . Cesar Meet at New York's
had frozen at the wheel.
Chic, Mary, and Cesar were thrown
New 'In' Plaee.
into the windshield. l t is a miracle NEW OWNERSHlp lfus youlately,h<r<en't been 1n to see
you're in for a &'9l
that they weren't killed or concussed ~UOur new monaeement has added 1111ny new !Pllies:
into a coma. Even more extraordinary MUSIC our En10J l11e performm no&htty, in
music room.
was the behavior of the other driver. A 1n 1>111 new "Gallena." ahd ~
moment a fte r the collision. he jumped ART0111e
Yiew the wock of brlented lftists, known
out of his vehicle-which had been and unknown.
damaged only slightly- and threw his NEW CLAM BAR~eonse:e//::
arms up in the air in a gesture of abso- dally), Ii~ cl1ms on the half shell-a 1111 don.
- for $2.951 And fish & chips or fried clams..
lute exasperation . Then. without n sec-
ond's hesi tation. he put his shoulder to NEW "IN" CAFE .Eround
nclosed
,
1e.ar
Its
wheie the smart crowd sits to watch the -Id
the heavy jeep and pushed it clear io by. Cozy cafe menu lrom $2.95 up. Rain or
across the highway until he reached shine, lunch or dinner, 1 1rul pha to meet
the precipito us side of the road. where ut and not 1et soaked I
() M1ior aed1l c:atds.
it fell away into the valley. Then. with
We dehver. too! Dial-a·Dinner CM·2·2002
one last desperate heave, he shoved the
jeep over the edge. As it crashed down
the cliff, he scrambled after it in hot
purs uit.
" What the hell does that mean?" I
exclaim, staring first at Chic, then at
Ma ry and Cesar. " l nsu ra nce," flips
Chic. " La tin temper," giggles Mary.
''Drogs ," says Cesar matter-of-fac tly.
whil.: 1,w ·h ing g:n2 'rh the cut ove r his
CJ"<' '' Dru<,? ·· I LLh • "S ur~ ... t'\ 1 ' ·,
kn"' ..::11 er .. h. p,1lkL c1.•~11 · 'I
 •
I Because Colombians don' t smoke
I ness. All marijuana is the same to them,
by
ClARA
PIERRE
lHE U~ Cf oo-10\J
I
1 ·
·speaking as a woman whose
self-image was destroyed
before it began because my
looks didn't correspond to the
Shirley Temple standards of my
generation. I om enchanted by
Ms. Pierre's brilliant and witty
celebration of the new freedom
to be yourself."
$8.95 Lynn Caine. author o f WIDOW
READER'S DIGEST PRESS
Dis1rbuted by T.Y. Crowell
666 Fifth Avenue. New Yori<. N.Y. 10019
I.. .
I ....
~ &4 NEW YORK/OCTOBER 18, 1976
" To Colon1bians, ;~ ll th nt . ·11
. 1ff ,, ~n u t g1·1 .. s
inak i ng n1cn 111u rdcrous is not a dcl us io n ... ,
drug's acti on varies e normously de-
pending upon the charact er of the u ser
and the circumstances in whi ch he is
using the drug. The drug that m akes
one person mild may make an other
ferocious. In Latin countries, with their
cult of the macho male, their explo-
sive outbursts of temper, and their uni-
versal access to firearms, the momen-
tary relaxation of inhibitions that mari-
juana produces might well lead to
violence and killing. Or so those peo-
ple believe who have the longest his-
tories of using the drug.
grass, they have no quality conscious-
from the finest grades to •the worst
junk. When we got to Colombia, the
utopia of the dope smoker, we were
astonished at how poor the marijuana
was. Most of the stufI we got wouldn't
have rated better than "commercial" in
New York. It got to be a joke among
us how we had come all the way from
the States to find stuff that we wouldn't
have paid a dime for at home. When
we'd ask why the stuff was so bad,
we 'd get all sorts of excuses. The dope
was left over from the last harvest and
had lost j ts potency. It had been im-
properly harvested by farmers who
were afraid of the police and didn't
let it grow to maturity. The soil had
been exhausted by overintensive cul-
tivation. The knowledgeable farmers
had been supplanted by novices- who
didn't understand the cultivation of the
plant. We were even given the classic
rural cop-out: that all the best stuff is
sent out of the country and only the gar-
bage retained for the local customers.
The climax of the whole Colombian
experience comes on New Year's Eve.
This holiday is big stuff. We are in-
vited to ring in 1976 at the house of
Maria, Don Evandro's mistress.
At Maria's there are the usual smiles
and salutations, the usual excessive
goodwill, and , as usual, nothing is hap-
pening. While Maria's rather predatory
girl friend , Lucinda, drags poor old
Don Evandro out of his chair and makes
him partner her through an erotic Span-
ish dance, I take a walk down the block
with Cesar. The tiny little bungalows of
identical design are filled with parties
of identical design. Everywhere you see
young women, children, and old folks
trying to have a merry old time with-
out their men. "Where are the men?"
I ask our interpreter. "They're out
drinking with each other. Later they
go see their women."
Finally, as the midnigh t hour ap-
p roaches, we drive over to the one
house that seems to me a sensible
place to pass the night: the home of
Manolo. When we arrive, the father is
already dead drunk and the wife is
walking around scowling. Manolo ar-
rives soon after us and with eloquent
gestures explains that it has been an
exhausting evening of family responsi-
bilities for him: one compulsory visit
after another, all of them accompanied
by much "Blah, blah, blah."
As a hoarse foghorn blows, signaling
the end of the old year and the begin-
ning of the new, the mood brightens
perceptibly on Manolo's patio. The
Black Label Scotch appears to drown
out the bad champagne. Mary gets up
to dance with the host, and he puts his
hand before his chest, palm forward ,
in a .coy and wonderfully Latin rumba
gesture. For one moment, it almost
looks as if we might have a party.
But no. We are in Colombia, the Land
of Violence and Heavy Vibes. As soon
as Manolo and Mary sit down after
the dance, Chic signals to me that
Mary has a tape recorder in her purse
and is taping the conversation. Like
a fool , I do nothing to avert the dan-
ger. In fact, I signal to Mary to move
closer so that the mike can pick up
the words distinctly. As usual Manolo
is talking Latin nonse nse: o!Tering
florid advertisements for himself and
derogating the other people with whom
he feared we were thinking of doing
business. Every one of his self-serving
banalities is answered in kind by Chic,
who strikes me on this night and
several others during this trip as a
perfect man for a job in the U.N.-
where everybody talks for effect and
nobody means a word he says.
Then in the midst of the platitudes,
the self-serving remarks, the smoky
Scotch, and the distant sounds of fire-
works, I suddenly wake up to the fact
that my life is in danger. Before my
astounded eyes, Manolo reaches over
and plucks a tape recorder from Mary's
handbag. I am paralyzed. Chic leaps up ·
and starts to explain the machine's op-
eration, taking care to turn it off as he
quotes its price. For one second it ap-
pears that his explana tions might be
acceptable. But no--Manolo's stare
turns black as he glares at the little
black box in his hand. He speaks
rap!dly, angrily. "What's he saying?" I
bark at Cesar. "He says he could have
you killed for this!" comes the answer.
Imagine having your life threatened
through an interpreter, yet! What is
 r 111 r..: 10 '"Y? " t lon 't ~wo t r,,J .,, h.: n I Vi\a 11 Cow!
1 . : I 'II • ' c " i'· r1i h ."~ ;1 '·._,,.,cl
• ,· · 1 f.' ;-lr.- ' n I l, ·is
' .: ... ·1 ·1 ·1 , · .t ·l.e ll<-•'· :·-ar 'iii ll .. ,..:, !11··rof hi,f, n, ·.i 1 !c
• ~ · ' .g ::i 1
1, it ·.i :;s '' ,J lud •. "
p'. .-,c;;ures for your µJl-iL;::: JI .e
t r r ' lJ) , the.re is nothing to sa y. We
have bee n caught red-hand ed. Incomparable French Vanilla
T he worst of it is that we have Hereford's®Cow.
behaved more crimin ally than this Now among the celebrated
crook! He, poor man, has extended us ranks of his spirited new breed
the hospitality of his home. He has of drinks created to P.lease all
put himself out to entertain us and the senses.
treat u s as honored guests. And what
· have we done ? Beha ved with the treach- Banana. Mocha. Coconut.
ery most Americans complain is typical Strawberry. Chocolate Mint.
of Colombians. What's more, the whole And_now, the legendary tast e of
crisis has been engendered by an in- French Vanill a.
credibly stupid and unnecessary act of As you commence your
espionage. It is like something Rich- first long, cool sip of 30 Proof
ard Nixon would have done. Nothing
we could have recorded that night Hereford's Cows, rememberr :w~fuel~l-~~I
would have been of the slightest value the immortal words of Malcol ·
to us. So why have we taken the ri sk? Hereford,,the inan who·
There is no point in asking. thein all:·•I • 1.._.· ,
Chic is now insisting that the tape
recorder had been left on inadvertent- ':A-COW-ON-TH
ly, that we h ad been making a touristic 15.~AGNIFI
tape of the night's events for local
color, blah, blah, blah. All of a sudden
we're journalists and not dope d ealers
--0r narcs. (Because that is one of
our fears: that Manolo will think we
are some kind of offbeat American
cops.) Manolo is ranting about his
honor and his intelligence: "You think
I'm stupid, that I'm a fool! I'm very
smart! I knew there was something
wrong when you took our pictures
·- counting money! Why always this fl ick,
fljck, flick with the pictures?"
Then, extending his hand for my
camera, he announces that he is go-
ing to impound all our equipment
and have it examined by his "expert."
It might take a day or several days; he
can't say. But after he has listened
to the tape and developed the film, he
will render his decision- and take
the appropriate action. Then h olding
out the camera and the tape recorder
by their straps, like a couple of slimy
snakes, he marches into the house.
"This kills it! " says Chic to me, re-
ferring to his d ope-dealing. "I hope it
doesn't kill u s!" I snap back . "You
guys got me in plenty of trouble now,"
whines Cesar. "He won't hurt me,"
giggles Mary. "He loves gringas." At
that moment Manolo comes back on
the patio and plunks himself down on
a seat directly across from us. Chic
starts again with his explanations;
Manolo revives all his accusations. As
the cross fire of Spanish and English
ana lying rattles on and on, I find
myself becoming st uporous. I feel I
am actually going to sleep. Finally, I
hear Chic say that we should leave.
"No, don' t go ye t," says Manolo. " Well,"
say I, "if we're not gonna leave, then
for Chrissake, let's eat!"
The moment I pronounce the magic
 ... " ... I, the nice scholar
>
\ ing guns to shoot it ou t \\' i th ou r assass ins ... "
You may not recognize
word eat the whole mood changes.
our label, but you'll Suddenly. everybody brightens. The
certainly recognize the women, who had di sappea red at the
famous -label suits we first sign o f trouble, come flut tering
sew it into. back: The lights go up, the musi c gets
louder, and soon the servants bring
With the Biltmore label, forth the chicken and rice, which had
the suit doesn't change; been prepa red Jong before the mid-
but the price becomes ni ght su pper. We manage to swallow a
few dry mou th fuls; and then we leave,
considerably more quietly, apprehensively, each of u s
suitable for you. w ithdrawn into his own thoughts. As
we drive home along the dark road,
we seem to congeal into a single glob
of human flesh . Chic and Mary an-
nounce that they have no intention of
sleeping that night at the house. I a m
glad to h ave company in my room at
the hotel. Now that I am out of Man-
olo's h ouse, my mind, which had felt
like a stuffed-up nose, suddenly
clears. It teems with images of dan-
BILTMORE
Clothing for the man.
ger. Could he have dispatched a car
filled with gunmen to follow us and
shoot u s d own along the road? Would
149 Flhh Ave. (21 St.) 71h floor (212) 777-5840 he wait a few days and then order our
Dally: 10-6 Sat: 9-5 Sun: 10·5
MoSler Charge & Bank Amerlcard acce plcd
execution? "From now on," says Cesar,
"everywhere we go ,.we'll h ave a couple
of Guajiros on our tail."
~ T-T-TEE SHIRT SALE That night I go to sleep in one
,.' bed while Chic a nd Mary conk out
in the o ther. I am surprised that I
don't feel more fear. Actually, what
I feel is a ki nd of resignation. Que
sera, seni. It helps to have lived most
of your life a nd have done what was
most important to you. Then when you
face the end, you don't suffer the pathos
of "Not yet! For God's sake, give m e
one more chan ce!"
The morning after the fiasco, .I
spot a tough, primitive-looking dude
planted on a sofa in the lobby staring
straight at the elevator door. When I
step out, he glares at me and i
sta re back at him, . gri mly. "Ah," I
think, " they don't ·1ose much time,
these guys. Already we have our tail."
..,, After breakfast I . go upstairs and
find Chic lying in bed smoking and
. brooding. "Al," he replies to my ear -
Tons of terrific.tees in 22 te mpting tones. nest inquiries, "I been "in a lot of tight
Long and short sleeve from 3.95-7.95. Buy spots in the joint: times when I had to
3. get a short sleeve free. Good while our
supply lasts. · . . think things through and get the right
Other s u rpr~ses as usual: answer or I'd a been killed. Now this
ain 't no different. We' re not gonna do
. f:-t_ . nothin' funny till we get the answer.
And these dudes ain't gonna start
PLUrnJERE
NEW~
bustin' caps until they're sure. If that
guy'd been really h ot, he'd a blowed us
' . away last night."
5 West 30th St.. 3rd floor, 564-7040 I don ' t find this speech totally re-
Open: Mon. thru Sat. 11- 6 assuring. I want to do something. I
Sorry no mail order
look about me. Every minute a new
• 66 NEW YORK/OCTOBER 18, 1976
~·i11•'')) c·;1 1, ')i 1J· ge')t uy-
threat, a new danger suggests itself.
What if Ma nolo se nds hi s men up to
search the room wh ile we arc away?
They would find all our sneak tapes.
They would take them back to the
house, they would play them, they would
be enraged to di scover that we had
m ade recordings of secre t negotiations
and illegal conspiracies. " W e've got to
get rid of these goddamn tapes," J tell
Chic. " Let's erase the goddamn things."
I have a very simple, a very primi-
ti ve psychology: When I 'm threatened,
I get angry; when I ge t angry, I get
hard and cruel; when I get hard and
cruel, I want to kill. Or as King Lear
put it so well: kill, kill, kill, kill,
kill! " So I, the nice sch olar-pussycat,
suggest that we buy a couple of guns
and get ready to sh oot it out with our
assassins. Chic shrugs that idea off
as ridiculous. Then I suggest that we
pack our bags and head for Barran-
q uilla. We could lie low there for a
day and then jump aboard a pl ane for
the States. "You never run , Al. You
never turn your back. That's Rule
Number One of the game. Besides, you
wouldn' t get very far anyway. Them
dudes would really get scared if you
made a move like that."
Suddenly, I have an inspira tion. "Lis-
ten, Chicki e, why d on ' t we try to paci-
fy these guys? They're uptight because
we taped them and sna pped their pic-
tures, right? Well, suppose we go to
them and say, 'Look, we know you
guys arc upset with us. We didn't mean
a ny harm . Just to show you we're on
the level- here's all our undeveloped
film . You take the film- we don ' t need
it (and we don't, Chic, we really don't!).
That way you'll feel more secure and
you'll see we don't mean any harm .'"
" That's it, Al !" sn aps C hic, spring-
ing up from the bed. "You 've booked
a winner, comrade! I' m goin' over to
Manolo's right this minute. I 'll take
the film and lay it right in his hands.
That'll cool him out-quicker th an an
ice-cube . maker."
With that, he's out the door and
off to the lion 's den . For the next cou-
ple of hours, I w alk around the h otel
as restless as a cat.
Finally, at suppertime, Chic breezes
foto the hotel. He isn't bringing the
answer we wanted, but he is bring·
ing good news. He had taken the film
to Manolo's but had found Ma nol o out
-as usual. Then , he had gone over to
Maria's. There he discovered Don
Evandro. He had told him the whole
story. Don Evandro professed to be
amused by it. He had taken the film to
 - - - ----- ---
it
"... r, the n i cG scho1;1r
pussy. ;.t. !>LI.~gcs t uy ·
•
:e. ing guns to shoot it out \Vi t h ou r assassins ... ~'
You may not recognize
our label, but you'll word eat the whole mood changes.
Suddenly, everybody brighrens. The
certainly recognize the women, who had disappeared at !he
famous -label suits we fi rst sign of trouble, come fluttering
sew it into. bock: The lights go up , th e music gets
louder, and soon the servants bring
With the Biltmore label, forth the chicken and rice, which had
the suit doesn't change; been prepared long before the mid-
but the price becomes night supper. W e manage to swallow a
few dry mouthfuls; and then we leave,
considerably more quietly , apprehensively, each of us
suitable for YC:~· withdrawn into his own thoughts. As
we drive home along the dark road,
we seem to congeal into a single glob
of human flesh. Chic and Mary an-
nounce that they have no intention of
sleeping that night at the house. 1 am
glad to have company in my room at
I the hotel. Now that I am out of Man-
olo's house, my mind, which had felt
1 11 like a stuffed-up nose, suddenly
I
I clears. It teems with images of dan·
threa t , a new danger suggests itself.
Wh at if Manolo sends his men up to
sea rch the room while we are awav?
They woul d find all our sneak tapes.
They would 1ake them back to the
house, they would play them, they would
be enraged to discover that we had
made recordings of secret negotiations
and illegal conspiracies. "We've got to
get rid of these goddamn tapes," I tell
Chic. "Let's erase the goddamn things."
J have a very simple, a very primi-
tive psychology: When I'm threatened,
I get angry; when I get angry, I get
hard and cruel ; when I get hard and
cruel, I want to kill. Or as King Lear
put it so well : kill , kill , kill, kill.
kill !" So I, the nice scholar-pussycat,
suggest that we buy a couple of guns
and get ready to shoot it out with our
assassi ns. Chic shrugs that idea off
as ridiculou s. Then I suggest that we

~
I. :
I I.
BILTMORE
Clothing for the man.
ger. Could he have dispatched a car
filled with gunmen to follow us and
pack our bags and head for Barran-
quilla. We could lie low there for a

. Il
shoot us down along the road ? Would day and the n jump aboard a plane for
149 Flfrh l\ve. (21 St.) 7th floor (212) 777·5840 he wait a few days and then order our the States. "You never run , Al . You
1 Dolly: 10·6 Sat: 9·5 Sun: 10-5
execution ? "From now on," says Cesar, never turn your back . That's Rule
I . 1, Mnstcr Charge & Bank Americard accepred
"everywhere we go, we'll have a couple
of Guajiros on our tail."
Number One of the game. Besides, you
wouldn't get very far anyway. Them
'l I
I
T-T-TEE SHIRT SALE That night I go to sleep in one
bed while Chic and Mary conk out
dudes would really get scared if you
made a move like that."
l
II
in the other. I am surprised that I Suddenly. I have an inspiration. "Lis-
don't feel more fear. Actually, what te n, Chickie. why don' t we try to paci-

II ,, 1
1
I'
11
I feel is a kind of resignation. Que
sera, sera. It helps to have lived most
of your life and have done what was
most importa nt to you. Then when you
fy these guys? They're uptight because
we taped them and snapped their pic-
tures. right ? Well, suppose we go to
them and say, ' Look, we know you
f face the end , you don't sufler the pathos guys are upset with us. W e didn 't mean
~ of "Not yet! For God's sake, give me
one more chance!"
any harm . Just to show you we're on
!.
i I the level-here's aJI our undeveloped
film . You take the film-we don't n eed
I The morning after the fiasco, . I it (and we don't , Chic, we reaJly don' t! ).
1I spot a tough, primitive-looking dude That way you'll feel more secure and

..I!• i plan ted on a sofa in the lobby staring

straight at the elevator door. When I
you'll see we don't mean any harm.' "
"That 's it. Al!" snaps Chic, spring·
I step out , he glares at me and I ing up from the bed. "You've booked
.I l I stare back at him, . grimly. "Ah," I a winner, comrade! I'm goin' over to
I, think, " they don't ·1ose much time, Manolo's right this minute. I '11 take
I ~I
I rI
,.
I t ,. ~
these guys. Already we have our tail."
After breakfast I . go upstairs and
find Chic lying in bed smoking and
the film and Jay it right in his hands.
That'll cool him out-quicker than an ,
ice-cube maker."

. l.
I !.!I Tons of terrific.tees in 22 tempting tones.
brooding. "Al," he replies to my ear-
nest inquiries, "I been 'in a lot of tight
With that, he's out the door and
off to the lion's den . For the next cou-
Long and short sleeve from 3.95-7.95. Buy spots in the joint: times when I had to ple of hours, I walk around the hotel
If I 3, get a short sleeve free. Good while our
supply lasts. · .
Other surprises
.. think things through and get the right
answer or I'd a been killed. Now this
as restless as a cat.
FinaJly, at suppertime, Chic breezes ·
•
1I
! . as usual.. ain't no diffe rent. We're not gonna do into the hotel. He isn't bringing the
II I. . ~L . nothin' funny till we get the answer.
And these dudes ain't gonna start
answer we wanted, but he is bring-
ing good news. H e had taken the film
PLU~GERE
' I
bustin' caps until they're sure. If that to Manolo's but had found Manolo out
NEWliQ1K guy'd been really hot, he'd a blowed us -as usual. Then, he had gone over to
. away last night." Maria's. There he discovered Don
II ' floor, 564-7040
5 West 30th St., 3rd I don't find this speech totally re- Evandro. He had told him the whole

1~
Open: Mon. thru Sat. 11-6 assuring . I want to do something. I story. Don Evandro professed to be
Sorry no mail order
look about me. Every minute a new amused by it. He had taken the film to

66 NEW YORK/OCTOBER 18, 1976

11
 " ...T 1e big buyers are/\ n11 ~ ri1';1nndic.11,-.;
oft en fin anced by \Veal thy prof c~sio11als ... ·'
fli nch. He isn 't going to give up any
information that would threa ten h is
operations, but he doesn't mind tell-
ing me all the moves on the board. H e
knows them well because he has b een
playing the game for years. Though
he looks young and innocent, he started
early and has played hard. H e says
he is worth $4 million and I believe
him. As the hours go by and the con-
versation grows ever more revealing, for
the first time in all the many months l
have been researching the marijuana
story l begin to get the picture of how
grass is really smuggled into the States:
Two words
The dope game in the Guajira is a
that pleasure travel business. The head of the clan
your taste will be an enormously wealthy and rel-
atively sophisticated man living in a
big city like Barranquilla. He will have
under his control two hundred war-
riors wearing loin cloths and carrying
AR-15 automatic rifles or Israeli sub-
machine guns. Every man will have a
specific job: driver, porter, guard, look-
out. They will collect the grass grown
in the hundreds of little mountain farms
and bring it down to a central ware-
house where 30,000 or 40,000 pounds
will be made available for inspection.
When a buyer comes down from the
States, he is passed through a series df
checkpoints until he reaches the ware-
house. There be picks out whatever be
wants and gives the order for how it is
to be baled. When the grass is ready
for shipment it is loaded on trucks and
taken along a maze of trails across the
desert wasteland to either a secret dock-
ing-site or one of the three thousand
landing strips that have been built on
the peninsula.
The big buyers are American syndi-
cates that are often financed by wealthy
Blended Scotch Whisky • 80 Proof
professional men: bankers, l awyers,
• Popper Morson Co., Edison, N.J. 08817 • lmponers doctors, all secret partners. These syndi-
cates own fishing, shipping, and food-
processing businesses that are legiti-
mate fronts for smuggling. The syndicate
bosses are shrewd and resourceful men
like the former mayor of Hallandale,
Florida, John David Steele Sr., who
pleaded guilty in April, 1976, to smug-
gling 22 tons of high-quality Colombian
marijuana into a seafood processing
plant on the Pamlico River in North
Carolina. The shipment was made using
a huge 112-foot fishing trawler. These
syndicates load a tanker with up to
300,000 pounds at a major port in Co-
BROOKLYN'S MOST FABULOUS
lombia and run it up the coast of the
RESTAURANT
Fl etbush Ave. Ext. et DeKalb Ave.
United States or across the ocean to
852-5257 Europe. The big mother-ships never
get closer than 60 miles from shore.
68 NEW YORK/OCTOBER 18, 1976
S)
They off-load their cargoes in to tra \\'l·
crs which off-load in lurn omo cabin
crui sers and sailboa ts that scatter in
every directi on. Even if one of these
little boats gets hit, the rest escape.
When the lighte rs come in, they are
met by off-loading crews that have
been " duplexed": th at is, there are two
independ en t crews for each boat. Each
crew is positioned in a different area;
each one is keyed up to do the job. At
the last possible moment the decision is
made which crew to use. If an under-
cover agent has infiltrated the gang, he
has only a 50-50 chance of witnessing
the operation. The oil-loading crews
are so efficient that they can unload a
couple of tons in "twenty minutes, p ack
them aboard a fleet of campers and
vans and send the dope racing out
across America before the police have
even begun to suspect that something
funny is going on in their neighbor-
hood.
l had gotten what I had come for-
the anatomy of the Colombian Con-
nection.
Next day Woody comes back and we
talk again. This time he tells me that it
is foolish to sit around in this hotel with
the whole area crawling with cops and
narcs and hit men. If I want to know
more about how the game is played,
I should leave with him the nex t day
and go out into the bush to a protected
finca where we could speak in perfect
privacy and where our safety would be
guaranteed by well-armed bodyguards.
The idea appealed to me. Ever since
our scene on New Year's Eve I have
been waiting fo r the axe to fall. Notb-
ing has happened , but who could say
what would occur if we sat around
here much longer ? I tell Chic what
Woody h as offered to do. Chic is
skeptical. He is also busy. He has
just met another dude who has offered
to take him .up into the mountains
where the grass is grown and show him
a field of ripening gold, which is for
sale. Finally, we agree to split up. I
would take off with Woody and Mary
· for the protected fines . Chic would
backpack up into the mountains with
his new friehd. In three days, we
· would rendezvous at the El Prado Hotel
in Barranquilla . From there it would
be. easy to slip out of the country and
head home.
A big sprawling river and sea port.
raucous and squalid, Barranquilla is
where all the rich dope merchants live.
There is one whole district filled with
millionaire mansions and another posh
 district that takes its name from one of We rush to the lobby. He looks beat guised. AU the marijuana plants were
the lovelil!St hotels in South America: but triumphant. As he strides down interspersed with corn and tomatoes.
the •El Prado. With imposing citadel the long corridor, we hear him singing From the air it wouldn't look like a
walls and towers wrapped around a softly: "Mine eyes have seen the bud- fi~ld . of grass. Close 1,1p, however, the
beautiful garden and pool, this hotel ding of the Santa Marta gold!" We get plants were large and well developed.
forms an oasis of cal~ and beauty in him to the veranda and he runs the They had been pinched back carefully to
the hot and hectic city. To us, it is story by us . . make them bush; instead of into a lot of
even more: a refuge from the . cru- The guy with whom he had gone up useless height, the strength of the plant
dity and menace of Santa Marta and a into the mountains was a black man had gone into its girth.
stepping-stone back to the safety and who claimed to have the best gl"ass in The leaves were thick and the buds
civilization of the United States. Once the Sierras. He was asking $70 a pound. were turning golden. In another week,
I get inside its handsome, aristocratic Chic said the price didn't matter if the the fields would be ripe for harvest.
lobby, l don't want to step out again stuff lived up to expectations. They had Chic had seen what he had come for
until I get in the cab for the airport. : met-the morning after we had left. The -the coming of the gold!
When the day appointed for our black explained that his neighbors were
rendezvous with Chic rolls around, very· curious about visitors, so it would I won't tell you how we almost'
., Woody, Mary, and I are already well not be a good idea to show up in the didn't make it to .Miami because the
established in the hotel. Ask any smug- afternoon. They would arrive at sun- Hertz manager who had rented us the
gler and he'll tell you that the hardest set, sleep on the site, and then look it car that Chic demolished caught up .
part of the game is the waiting. The over in the morning light before most with him. How Chic spent another
days and days of not knowing what people were stirring. They had driven night of his life in jail. How we man-
has happened to your friends, your out into the Guajira nearly as far as aged to pay off a huge sum to Hertz
comrades and your partners. After a the secret river, but instead of turning in time to catch our flight. I'll only
week elapses, it's a. forbidden but ob- off toward the beach, they had turned tell you that at one point in all this I
sessive subject. After two ·w eeks, you're toward the mountains. When the dirt bought a cup of tutti-frutti from a ven-
reciting the prayer for the dead. That's road ran out, they p~rked and hiked up dor, an infantile concoction of crushed
the way the game is played. into the hills. By nightfall, they reached tropical fruits, sugar, and ice. Smack-
This. time w'? are spared the worst. a thatched sleeping platform. ing my lips over this confection, I gazed
.Next morning, in the early light, at the distant tower of a hotel in Bar-
After a delay of only 36 hours, Chic they climbed down : off their sleeping ranquilla and thought: "Ge~ I'll prob-
shows up. A message on the public- platforms and went to inspect the field . ably miss all this when I get back to
address system announces his arrival. It was a small plantation, careft.illy dis- New York." -

ON·YOUR
NEXT FLIGHT TO
SANTO DOMINGO

save
service

FIRST CLASS SPLENDOR IN ECONOMY CLASS I

• W ith the personal attention of blllngual stewardesses
and fllght attendants .••
•On board new and modern BOEING 7 27 JETS •.•
flown exclusively b y experts.
• Da ily departures and arrivals, STR I CTLY ON Tl M E, at the
most conveni ent hours to fly !
• And a ll t his for 15 O/ o less than on any other first rat e
a irline.
I . ., . - . ".J'\1 " · C' •• r: .. ~ J
1 i/ll J .. 1~o·;1~. ; A·, ·
T h < • -. I :• I c . , th~ mc .;t p
a ~u l ..... . ~.., [) 1 ru· r k_ _)

OC T(:._ t ·c. 1s:-,; ... : : 'h. - ·: 03

'1 .': .. ;
•I·
NOTICE OF ENTRY '
..
51' PLEASE TAKE NOTICE !hilt ~ho ~hhin
(•
'1l ha true-certified copy of a

·~ duly entered In the otfl~ ol tt1~ clerk qi !.P~ rtlt_h!n

namtld court
on J9 .' ? ~ .
Dated:

ROSENSTEIN & KAHN . :y;..

',(
;, >
..
, ..'

Attorney~ fD<

Office end Port Office Ad~:freu .- .........

225 BKOADWAY
NEW YORK, N.Y. 1000)
,,,._.
To:

_Attorney for ·, j- .,<:,·1~·;

;· ~ i ...-•!

(.:; Sir

,,.,

one of the Justices of the w!thl11 parooq ~ourt

··,·
at 60 Centre Street, ]'Jew York, NY
·I'.-
on the 25th1ay of May 19 79 '.
et 10:00 AM. . •.---·
Dated:
May 18, 1979 )9
Yours, etc., ·To; Davi4 M~chpels 1 •· ~~ ----;.·
Slade Metcalf 1 Esq,
ROSENSTEIN & KAHN

r!
AttQrneys for Plaintiff Attorney for· Defendants. ..
Office and Post Office Address
'.\··I 225 BROADWAY
js tiereby ad1nitteq:
)·' NEW YOl\K, N.Y.10007
Onted, N.Y .. 19
To: Esq
David Michaels,
Attorney f<l7lade Metcalf, Esq. Al torney for

Defendants, .
'

Blackstone Siatio11ers, Inc., 585 ,\lcrrick Rel., Lynbrook,!'{. Y.

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK

-----------------------------------x
CHIC EDER,

Plaintiff, Index No. 02206/79

-against-

ALAN J. WEBERMAN, a / k/ a A. J.
WEBERMAN, WILLIAM J. RYAN,
MARIANNE PARTRIDGE, RUPERT
MURDOCH and THE VILLAGE VOICE,
INC.,

Defendants.

-----------------------------------x

DEFENDANTS' REPLY
MEMORANDUM OF LAW

SQUADRON , ELLENOFF, PLESENT & LEHRER

5 51 F I F TH AV EN U E

NEW YO R K , N . Y. 1001 7

(212 ) 66 1- 6500

Of Counsel:

Slade R. Metcalf
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK

-----------------------------------x
CHIC EDER,

Plaintiff, Index No. 02206 / 79

-against-

ALAN J. WEBERMAN, a / k/ a A. J.
WEBERMAN, WILLIAM J. RYAN,
MARIANNE PARTRIDGE, RUPERT
MURDOCH and THE VILLAGE VOICE,
INC.,

Defendants.

-----------------------------------x

DEFENDANTS' REPLY
MEMORANDUM OF LAW

This memorandum is submitted by all defendants in

reply to plaintiff's memorandum of law ("Opp. Mem0.") and

the affirmation of Marc Kann, Esq., dated June 19, 1979

("Kahn Affirm.") in opposition to the motion of all defen-

dants for summary judgment.

POINT I

SUMMARY JUDGMENT IS WARRANTED

HERE SINCE THERE IS NO
DISPUTE AS TO TWO MATERIAL ISS UES

Strain as he might to manufact u re disputed factual

issues, to defeat summar y judgment, plaintiff Chic Eder

("Eder") seriously misunderstands the nature of this motion

, _..._-
as well as the law of libel. He apparently believes that

once a dispute arises as to the accuracy of any fact in

the article, summary judgment is unavailable. If that

were the law, no newspaper would publish for fear of exposing

itself to severe financial liability for the slightest

error.

In order to sustain a cause of action for libel, a

plaintiff must prove not only that a statement published

about him was false, but also that the statement was defam-

atory. See Rinaldi v. Holt, Rinehart ~Winston, Inc., 42

N.Y.2d 369, 397 N.Y.S.2d 943 (1977), cert. denied 434 U.S.

969 (1977). If defendants are able to show that the

statements concerning plaintiff were not defamatory, then

there is no need to consider the question of truth or

falsity, since plaintiff will be unable to sustain his cause

of action for libel. Eder concentrates on denying that he

ever testified before a grand jury in Brooklyn, while

avoiding the issue of whether the statement is defamatory at

all.

On the other hand, Eder again concedes that he was

a DEA informant (Opp. Memo., pp . 8-10), and does not contest

that he was a high-level one (Tr . 78). He objects only to

the implication that ·he was a paid informant. The article

only states that Eder was "a high-level DEA informant." The

question of whether Eder was paid to be an informant cannot

possibly be material to the issue of whether the statement

-2-
about him is defamatory. Indeed, Eder concedes that in

effect he was paid by the government's "quashing" of a case

against him . (Tr. 79) .

Plaintiff seeks, through innuendo, to expand the

obvious meaning of the words complained of to charge that

Eder was directly responsible for all the woes that befell

Forcade. "The court must decide whether there is a reason-

able basis for drawing the defamator y conclusion ." James v .

Gannett Co. , Inc. , 4 0 N. Y. 2d 415 , 419 , 3 8 6 N. Y. S. 2d 8 71 , 8 7 4

(1976). It should be clear to this Court that the reference

to Eder pertained only to his alleged testimony before the

grand jury (not a libelous accusation) and his association

with the Drug Enforcement Administration (not a disputed

fact). As in Moran v. Hearst Corporation, 40 N.Y.2d 1071,

392 N.Y . S.2d 253, 254 (1976), where the Court of Appeals

rejected plaintiff's reading of innuendo into the article in

question, this is a "trivial case" in which the article fell

"short of defamation as a matter of law."

Eder makes little attempt to contest the reality

that he is libel-proof as a ~atter of law. As much as h is

attorney might like to hide his background , Eder at his

deposition candidly laid bare his long er iminal record .

(See the main memorandum in support of this motion for a

summar y of Eder's criminal exploits.) When as ked initially

which gr o up of people held an opinion of h i m for truthful-

ness, worthiness and good c haracter, Eder' s quick and simple

response was "Outlaws." (Tr . 73). This Court should find as

-3-
a matter of law that Eder has no responsible reputation to

protect.

In denying that summary judgment is appropriate

here, plaintiff's attorney relies upon and even quotes from

the case of Friends of Animals, Inc. v. Associated Fur

Manufacturers, Inc., 61 A.D.2d 141, 401 N.Y.S.2d 78 ( 1st

Dept. 1978). On April 5, 1979, the Court of Appeals

unanimously reversed the Appellate Division's order in this

libel case and reinstated the lower court's order granting

summary judgment in favor of defendants. N. Y. 2d __ , __

N.Y.S.2d , 4 Med.L.Rptr . 2503. In like fashion, this

Court should award summary judgment in favor of all de-

fendants.

-4-
.~.
 POINT II

THIS MOTION FOR SUMMARY

JUDGMENT IS NOT BARRED BY
THE DETERMINATION OF THE
PRIOR TWO MOTIONS

Plaintiff has understandably overstated and mis-

informed this Court as to the nature and disposition of the

prior two motions brought on by some of the defendants. A

restatement of the chronology of the litigation will define

the issues before the Court.

On January 10, 1979, the undersigned attorneys

accepted service of the summons and complaint on behalf of

defendants The Village Voice, Inc. ( 11 VVI"} , William J. Ryan

("Ryan"} and K. Rupert Murdoch ("Murdoch"}. In lieu of

answering, Ryan and Murdoch moved pursuant to CPLR 3211 to

dismiss the complaint on the sole ground that they were not

involved in the preparation or publication of the Article .

(See Exhibits "A" and "B" to the Kahn Affirm . } Pursuant to

the same Notice of Motion, VVI moved to dismiss only the

second, third and fifth causes of action. The first cause

of action was directed solely against defendant A. J. Web-

erman ( "Weberman") and VVI specifically reserved its rights

to move against the fourth cause of action. (See Exhibit "A"

to the accompanying reply affidavit of Slade R. Metcalf,

sworn to the 28th day of June, 1979 [Metcalf Aff. "1 }.

In an opinion dated May 7, 1979, Mr. Justice

Fra~man denied the motion of Ryan and Murdoch, but without

-5-
prejudice to a subsequent motion for summary j udgment on the

issue of lack of advance knowledge . (Exhib it "B" to Kahn

Affirm.) The Court, however, did grant VVI 's motion to

dismiss the three cause of action. No notice of entry of any

order on that decision, has yet been served. (Metcalf

Af f. , 114) .

Defendant Marianne Partridge ("Partridge") was

served with a summons and complaint on or about Feb ruary 16,

1979. Pursuant to a Notice of Motion dated March 8, 1979,

th e undersigned als o moved pursuant to CPLR 3211 to dismiss

the Complaint solely on the ground t hat she was not invo l ved

in the preparation or publication of the article. (Ex-

hibit "C" to Kahn Affirm.) Mr. Justice Shapiro denied th e

motion, also stating that plaintiff should have an oppor-

tuni ty to complete discovery as to that issue. (Exhibit "D"

to Kahn Affirm.) There has been no notice of entry of an

order on that decision. (Metcalf Af f. , ,4).

Weberman, after being served with the summons and

complaint, answered , conducted th e deposition of Eder on

February 16, 1979 and then made the instant motion for

summary judgment. Thi s is the first and only motion in which

he has been involved.

Plaintiff contends, in effect, that the defendants

should not be given a second bite of the apple. However,

defendants are no t asking for a second bite; they want a

fir st bite on the substance of the libel claim. Ryan,

Murdoch and Partridge wer e pr e viously u n successful only on

-6-
;.

the issue of whether or not the complaint alleged their

invo l ve ment suf fi c ientl y to require them to answer. They

did not address the substance of the allegations. VVI never

moved against the four th cause of action (the only one

remaining, other than the first which is solely against

Weberman), and, importantl y , it was successful on the motion

against the other causes. Weberman has ne ve r previously

moved at all. The issues on thi s motion have not been

previously litigated.

The second point of the Opp . Memo. concentrates on

successive motions for summary judgment. It is undisputed

that Weberman and VVI have not previously moved for summary

judgment. Even assuming argue ndo, that the motions on

beh a lf o f Ryan, Murdoch and Partridge were converted into

motions for summary j udgment, the testimony of Eder at his

deposition certainly provided "new ly d iscovered ev i dence ''

f or the instant motion. See Graney Development Corp . v .

Tak se n, 62 A.D.2d 1148, 404 N.Y.S.2d 1 80 (4th Dept: 1978) .

At the deposition, Ede r disclosed his vas t cr imin a l record

and repeatedly conceded that he was an informant fo r the DEA .

Both these areas of testimony, not previous ly available,

.
support the instant motion.

The statement that someone was a DEA informant

mi g ht arguably be d ee med defamtory. However, if that

indi vidua l confirms the truth of the s t atement , then it

cannot as a matter of law be libelous . Eder ' s deposition was

-7-
 held on Februar y 16 , 1979, long after the motion on behalf
of Ryan , Murdoch and VVI was se r ved . Since no one from the

office o f Partridge ' s attorneys was prese nt at that deposi -

tion (Metcalf Aff ., '5), and the transcri p t of the deposi -

tion was not recei ved by that office until weeks later ,

Partridge did not have the benefit of that evidence when he r

Notice of Motion was se r ved .

In short, the nature of this motion and the evi-

dence on which it is based is different from the prior two

motions.

CONCLUSION

Th e motion of all defendan t s should be granted and

the Complaint d i smissed .

Dated : June 28 , 1979

Respectfully submitted,

DAVID MICHAELS, ESQ .

Attorney for Defendant Alan J .
Webe r man
342 Madis o n Avenue
New York , New York 10017
Te 1. No . ( 212) 8 6 7-1170

SQUADRON , ELLENOFF, PLESENT

& LEHRER
Attorneys for all other
Defendants
551 Fifth Avenue
New York , New York 10017
Tel. No . (212) 661-6500
Of Co'unsel :

Slade R. Metcalf

-8-
....-'f . ..,
•

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK

-----------------------------------x
CHIC EDER,

Plaintiff, Index No. 02206/79

-against -

ALAN J . WEBERMAN, a /k/a A. J. AFFIDAVIT

WEBERMAN , WILLIAM J . RYAN ,
MARIANNE PARTRIDGE, RUPERT
MURDOCH and THE VILLAGE VOICE ,
INC.,

Defendants .

-----------------------------------x
STATE OF NEW YORK ) SS:
COUNTY OF NEW YORK )

SLADE R . METCALF, being duly sworn , deposes and says :

1. I am an attorney du ly admitted to practice in tr-.,.

State of New York and am associated wi th the firm of Squadron,

Ellenoff, Plesent & Lehrer , attorneys for all the within defend -

ants except for Alan J . Weberman ("Weberman") . I submit this

Affidavit in reply to plaintiff's option papers on the instant

motion for summary judgment by all defendants.

2. On January 30, 1979, my firm served motion papers

in connection with a motion on behalf of defendants William J .
Ryan ("Ryan") and K. Rupert Murdoch ( "Murdoch") to dismiss the

Complaint pursuant to CPLR 3211 solely on the grounds that they

were not invo l ved at all with the preparation or publication of

the article in . question . Those motion papers also related to a
-·

motion made on behalf .of t he defendants The Village Voice, Inc.

("VVI " ) pursuant to CPLR 32ll(a) (7) to dismiss the 2nd, 3rd and

5th causes of action in the Complaint . At page 11 of the

Memorandum of Law in ~upport of that motion, VVI specifically

' reserved its rights to move against the 4th cause o f action on

,' the grounds that the words complained o f were not libelo us per se
I

and since the Complaint fail ed to allege any specific damages ,

that cause was dismissable. A copy of page 11 of that Memorandum

of La w is annexed hereto as Exhibit A. Accordingly, the pre sent

motion for summary judgment is the first time that VV I has

addressed the 4th cause of action in the complaint .

3. In view of Mr . Justice Framin's decision (annexed

hereto as Exhibit B to the affirmation of Marc Kahn, dated

June 19 , 1979) , the 4th cause of action is the only cause still

remainin g against VVI. The merits of the 4th cause have nevery

been litiga t e d .

WHEREFORE, it is respectfully p r aye d that t he motion by

all defendants for summa r y judgment be grant ed in all respect s .

SLADE R. METCALF

Sworn to before me this

28th day of June, 1 97 9 .

Notary Public

-2 -
 NOTIC& OP' llNT"Y lndexNo. Q2206 Year 19 79 .

,.
Sir: Please take notice that the within is 1 (ctrtijied1 SUPREME COURT OF THE STATE OF
true copy of 1 NEW YORK
d~ entered ID the office of the clerk of the withic COUNTY OF NEW YORK
named court on 19
CHIC EDER,
Dated,
Yours, etc., Plaintiff,
SQUADRON, ELLENOFF, PLESENT & LEHRER
Attorneys for -against-
Office and Post 0//ict Addrm
ALAN J. WEBERMAN, etc., et al.
551 Fifth Avenue
NEW YORK, N. Y. 10017 Defendants.

To

Auorney(s) for

NOTICE 01' 9£TTLUCENT

REPLY AFFIDAVIT
Sir.-Please take notice that sn order

of which the within is a true copy will be presented (COPY)

for settlement to the Hon. SQUADRON, ELLENOFF, PLESENT & LEHRER
Attorneys for Defendants
one of the judges of the within named Coun, 11
Office and Pou Office Address, Tdcphan1

OD 19
551 Fifth Avenue
It
NEW YORK, N. Y. 10017
M.
Dated, 212--661-6500

Yours, etc.,
To
SQUADRON, ELLENOFF, PLESENT & LEHRER
"
Ai-orntys for

Offiet and Past Office Addrm

Anorney(1) for

I
551 Fifth Avenue Service of • copy of the withiD
NEW YORK, N. Y. 10017 is hereby admitted
Dated,
To

Anomey(s) for
Anomey(1) for

tDOO-JULIU• BLUM• ic .. o. tHC.. LAW 8L.AMIC rUllLl•Hr: ...s. N.Y.c. 10013

 SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK

- - - - - - - - - - - - -x
CHIC EDER,

Plaintiff, Index No. 02206/79

-against-

ALAN J. WEBERMAN I a /k/a A. J. WEBERMAN I : REPLY AFFIDAVIT

WILLIAM J. RYAN, MARIANNE PARTRIDGE,
RUPERT MURDOCH and THE VILLAGE VOICE,
INC.,

Defendants.

- - - - - - - - - - - - - - - - - - - -x

STATE OF NEW YORK )) ss:

COUNTY OF NEW YORK

SLADER. METCALF, being duly sworn, deposes and says:

1. I am an attorney duly admitted to practice in the

State of New York and am associated with the firm of Squadron,

Ellenoff, Plesent & Lehrer, attorneys for all the within defend-
ants except for Alan J . Weberman ("Weberman"). I submit this

affidavit in r eply to plaintiff's opposition papers on the

instant motion for summary judgment by al l defendants.

2. On January ·30, 197 9 , my firm served papers in

,.I connection with a motion on behalf of defendants William J . Ryan

("Ryan") and K. Rupert Murdoch ("Murdoch") to dismiss the Complaint
pursuant to CPLR 3211 solely on the grounds that they were not
involved at all with the preparation or publication of the
article in question. Those motion papers also related to a
 ..

motion made on behalf of the defendant The Villag e Vo ice, Inc.

("WI") pursua nt to CPLR 3211 (a) (7) to dismiss the second, third
and fifth causes of action in the ·c omplaint. At page 11 of the

Memorandum of Law in support of that motion, VVI specifically

reserved its rights to move against the fourth cause of action on

the grounds that since the words complained of were not libelous
per se and the Complaint failed to allege an y special. damages,

that cause was dismissable. A copy of page 11 of that Memorandum

of Law is annexed hereto as Exhibit A. Accordingly, the present

motion for summary judgment is the first time that WI has

addressed the fourth cause of action in the complaint.

3. In view of .Mr. Justice Flaiman's decision (annexed as

Exhibit "B" to the affirmation of Marc Kahn, dated June 19, 1979,

["Kahn Affirm."]), the fourth cause o f action is the only cause

still remaining against WI. The merits of the fourth cause hav e

never been litigated.

4. Although an order has be en settled on bo th t he

Fraiman decision and the decision of Mr. Justi c e Shapiro (Ex."D n

to Kahn Affirm . ) on the motion of Marianne Partridge ("Partridg e"),

I am .uncertain whether either order has actually been signed and

entered. Certainly, no notice of entry of any order has y et been

served.

5. I am informed that on F e bruary 16, 1979, David

Michaels, the attorney for Weberman, conducted the deposition o f

Eder. No one from my office was present since discovery between

Eder and all defendants except Webe rman had been stayed pursuant
'\

-2-
to CPLR 3214 (b). (See my letter to Mr . Kahn dated February 16,
1979, annexed hereto as Exhibit "B"). Partridge was served on

or about that same day. I did not receive a transcript of that

examination until weeks later.

WHEREFORE, it is respectfully prayed that the motion by

all defendants for summary judgment be granted in all respects.

Sworn to before me this

28th day of June, 1979.

-3-
 POINT II

THE SECOND , THIRD AND

FIFTH CAUSES OF ACT I ON MUST BE
DISMISSED SINCE THEY FRAGMENT A
UNITARY CAUSE OF ACTION

P l aintiff ' s fourth cause of action attempts to

set forth all the elements of a claim for l i bel.****

However , the third cause of action, characterized as

" conspiracy to libel" , does not set forth a distinct and

separate cause of action, since it invo l ves the identical

in j ury to reputation and arises from the same publication .

Morrison v . National Broadcastinq Co ., 19 N. Y.2d 453 , 280

N. Y. S.2d 64 1 (196 ) ; Russo v . Advance Publications, Inc .

33 A.D . 2d 1025 , 307 N. Y. S . 2d 916 (2d Dept. 1970) . It is

a fundamental rule in libel law that each separate pub-

lication gives rise to only one cause of action for libel .

Gregoire v. G.P. Putnam ' s Sons, 298 N. Y. 119, 81 N. E . 2d

45,motion d e nied 298 N. Y. 753, 83 N. E . 2d 152 (1948); Kern

v . News Syndicate Co . , Inc ., 6 A. D.2d 404, 178 N.Y . S . 2d

274 (1st Dept . 1958) . Since only one publication by

The Voice is at issue here, plaintiff can allege only one

cause of action for libel .

The third cause of action pleaded states no ground

**** Although VVI contends that th i. s cause is

. d'is-
missable since neither the words complained of nor any
fairly drawn irmuendo are libe l ous per se and the co·mplaint
fails · to allege any special damage s, VVI reserves its
right to move against this cause o f action at a future time .

- 11-
 • 1 .. ..

S QUA D RON, E L L ENOFF, P LE SEN T & LEH RER

551 FIFTH AVENUE

NEW YORK . NY. 100 1 7

H OWARD M.SOUADRON
COUNSCL
THEODORE: E:LLE:NOFF
DAV ID MILLER
STANLEY PLE:SF. NT
HERMAN E . COOPER
STANLEY I . LEHRER
ALLEN A . STEIN
AF!7 :-iUA M . S I SKIND CABl..C
HOWARD 8. SOHN £SGEE l.. AW
HARVE: Y HOROWITZ Febr u ary 1 6, 1 979
NEAL M. GOLDMAN TC L E:PHONE:
IAA LEE: SORKIN (212 ) 661-6500

ARTHUR a.STOUT m
SLADE R . J':1ETCALF TE:LE:COPIER
JUDITH R. COHEN (2 12) 697-6686
STUART A.OFFNER

BY HAND

Marc Kahn , Esq .

225 Broadway
New Yo r k, New Yo r k 1 0007

Re: Eder v . Weberman, et al.

Dear Marc :

As I informed you earlier th i s morn i ng , I will not be

able to appear at t he examinations before trial of your client ,
which had been scheduled for this afternoon at 2 : 00. CPLR
3214(b) specifies that service of a notice of motio n under
Rule 3211 stays all disclosure until determination of the
motion . Since we served upon you our motion to dismiss pur-
suant to CPLR 3211 on January 30 , 1979 , all disclosure is
sta ye d pending det er mination of that motion , which is return-
able on March 9 , 1979 .

In addition , it wil l cer tainly be more efficient to hold

the e xaminati o n s of Mr. Eder on one day beginning early enough
i n the morning so that they can be completed by the end of
that day. I trust that in view of CPLR 3214(b) , Mr . Michaels
will also adjourn his examination of Mr . Eder until after the
determination of the motion. I t seems to me that if Mr . Michaels '
examination proceeds today, a n yth ing Mr. Eder says woul d not
be admissible a t Court and binding upon our client since we
were not presen t to cross-exami n e .

Yours truly,

Slade R. Metcalf

caw
cc: David Mic h aels , Esq . (By Hand)
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r . . !\ .
"'-
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK

-----------------------------------x
CHIC EDER,
~ --
Plaintiff,

-against-

ALAN J. WEBERMAN, a/k/a A. J.

WEBERMAN, WILLIAM J. RYAN,
MARIANNE PARTRIDGE, RUPERT
MURDOCH and THE VILLAGE VOICE,
INC., ,
fb.P,1cJ..a.~ '
-----------------------------------x

DEFENDANTS' REPLY
MEMORANDUM OF LAW

This memorandum is submitted by all defendants

p lc.k.~!r
in reply to ':he memofWndum of law of plain ti f" ("Opp.
/\
Memo.") " and the affirmation of Hare Kahn,
d,oJ:;-d L.'-""-' 1'l 1 I 9 7'j ( " /( o.L.,._ /} C~ . ")
EsqJ/l in opposition to the motion of all defendants for

summary judgment.

POINT I

SUMMARY JUDGMENT IS WARRANTED

HERE SINCE THERE IS NO ~
DISPUTE AS TO TWO MATERIAL ISSUES

Strain as he might to manufa~tur~disputed factual

iss11Ps~o defeat summary judgmen~fi'~~:r~~ly misunder-

a.-;;_;t, -
stBed- the nature of the iosta&t motion as well as the law
+?J...i. ' l. c"eclz.,. • ) '
oC /
libel. He apparently believes that once he loca':::s a dispute
a..V-4.v-'
/\ as to the accuracy of any fact in the article.=raplained of,
s,.,.,,,~.,,.,'Y<L>A,<f ~~ /~ .-£L,-.~~ •
.fl'.><'2,__:fitraa-5s-:'srtunc::ic::-ee-ee"dd ed::-/\ I f' th at we r e the 1 aw , no news pap e r

would publish for fear-of exposing itself to severe financial __ [

liability for the slightest error. I
I

II
I
I
I
I

I
__:;J,
------- ..........,:"'·.t""'h'"'.-~---

In order to sustain a cause of action for libel,

a plaintiff must prove not only that a statement published

about him was false, but also that the statement was

defamatory. See Rinaldi v. Holt, Rinehart!:_ Winston,

cu)·. cL,Jµ/ t-Jc
. l
'Y
?c·?
3 <fU· ·77
Ll cr / ·
Inc.' 42 N.Y.2d 369, 397 N.Y.S.2d 943 (1977) .--:rt defendants
)
are able to show that the statements concerning plaintiff

were not defamatory, then there is no need to consider

the question of truth or falsity, since plaintiff will

be unable to sustain his cause of action for libel.

Eder concentrates on denying that he ever testified

before a grand jury in Brooklyn, while avoiding the

issue of whether the statement is defamatory at all.

On the other hand, Eder again concedes that

he was a DEA informant (Opp. Memo., pp. 8-10), and does

not contest that he was a high-level one (Tr. 78).

He~objects only to the implication that he was

a ~1:nformant. The article only states that Eder
./
was "a high-level DEA informant."' The question of whether

Eder was paid to be an informant cannot possibly be

material to the issue of whether the statement about

him is defamatory.
Plaintiff seeks, through innuendo, to expand

the obvious meaning of the words complained of to charge

that Eder was directly responsible for all the woes

that befell Forcade. ''The court must decide whether

there is a reasonable basis for drawing the defamatory

conclusion." James v. Gannett Co.. , Inc., 40 N.Y.2d

415, 419, 386_11,Y.S.2d 871, 874 (1976). It should be

- -----
clear to this Court that the reference to Eder pertained
only to his alleged testimony before the grand Jury
(not a libelous accusation) and his association with

the Drug Enforcement Administration (not a disputed

fact). As in Moran v. Hearst Corporation, 40 N.Y.2d

1071, 392 N.Y.S.2d 253, 254 (1976), where the Court
of Appeals rejected plaintiff's reading of innuendo
into the article in question, this is a "trivial case"
in which the article fell "short of defamation as a
matter of law."
....... :
 Eder makes little attempt to contest the realitY
J
that he is libel-proof as a matter of law.
as his attorney might like to hide his background,
As much
Eder~ J
at his deposition~candidlY laid bare his long criminal
./

~hen
record. tsee the main memorandum in support of this tt1otion
for a summarY of Eder's criminal exploits.) asked

initiallY which group of people held an opinion of him

for truthfulness, worthiness and good character, Eder's

quick and simple response was "Outlaws." tTr. 73)·

This court should find as a matter of laW that Eder

~ ~ ~· ~- ~
here. plaintiff's attorneY relies upon and even quotes

Fur Manufac~'
from the case of v.
InC·• 61 A.o.2d 141. 401 N.Y.s.2d

-~
Appeals
-
~reversed
78 tlst oept. 1978)· On April 5. 1979• the court of
the Appellate oivision's

order in this libel case and reinstated the lower court's

,/
order granting summarY judgment in favor of defendants·
--N· Y. 2 d - , _ N . Y. S. 2d __...J 4 Med.L·Rptr. 2503·
rn like fashion, this court should award summarY judgment

in favor of all defendantS· °'

- ·: :.·
 .- .

POINT II

THIS MOTION FOR SUMMARY

JUDGMENT IS NOT BARRED BY
THE DETERMINATION OF THE
PRIOR TWO MOTIONS

Plaintiff has understandably overstated and

misinformed this Court as to the nature and disposition

of the prior two motions brought on by some of the defendants.

A,-~estatement of the chronology of the litigation

will define the issues before the Court.

On January 10, 1979, the undersigned attorneys

accepted service of the summons and complaint on behalf

of defendants The V-illage Voice, Inc. ("VVI"), William J.

Ryan ("Ryan") and K. Rupert Murdoch ("Murdoch"). In

lieu of answering, Ryan and Murdoch moved pursuant to

CPLR 3211 +r; Not-j ce of Motion dated .TanJJary 30 1 9 7 9)

to dismiss the complaint on the sole ground that they

were not involved in the preparation or publication

of the Article. (See Exhibits "A" ·and "B" to the Kahn

Affirm.) Pursuant to the same Notice of Motion, VVI

moved to dismiss ·only the second, third and fifth causes

of action. The first cause of action was directed solely

against defendant A. J. Weberman ( "Weberman") and VVI

specifically reserved its rights to move against the

fourth cause of action. (See Exhibit ''A'' to the accompanying

reply affidavit of Slade R. Metcalf, sworn to the 28th
day of June, 1979 [:Llcalf .nrf,;: .:'.'=}-) :-S'Tff/
In an opinion dated May 7, 1979, Mr. Justice

Fraiman denTed-themotion of Rya_n and Murdoch, but without

prejudice to a subsequent motion for summary judgment

C'-"Y'-'
-83 the issue of lack of advance knowledge. (Exhibit "B"
to Kahn Affirm.) The Court, however, did grant VVI's
motion to dismiss the three cause of action. No notice

of entry of any order has yet been served on that decision,

L
so that a notice of appeal by Ryan and Viurdoch is not

yet appropriate. ff/i·/.t,~ aft. J ff Yj)

Defendant Marianne Partridge (''Partridge'')

was served with a summons and complaint on or about

February 16, 1979. Pursuant to a Notice of Motion dated

March 8, 1979, the undersigned also moved pursuant to

CPLR 3211 to dismiss the Complaint solely on the ground

that she was not involved in the preparation or publication

of the article. (Exhibit "C" to Kahn Affirm.) Mr. Justice

Shapiro denied the motion, also stating that plaintiff

should have an opportunity to complete discovery as to

that issue. (Exhibit "D" to Kahn Affirm.) T{u,,,_, f./L"--,,!f,-_,,_,,.~ j
--:::;-,._,_,:{:c<:'- ~ ..2--/,?X.; CL/
a-....- ...,_ ,y._c;f,,,,~ ,..__ <'-."• ,.;..,,7- d.,:u.;_u.,-,-.c.- cv;;<.(",I ../ '"-"::"
/, · Weberman, after being serv.ed with the summons /."..---<' ---<•.;:;,.,,_
i/r-<--e
and complaint, answered, conducted the deposition of
(fi'.cp/.
Eder on February 16, 1979 and then made the instant OJI, 71' 4-)
motion for summary judgment. ~is is the first and /
only motion in which he has been involved.

Plaintiff contends, in effect, that the defendants

shold not be given a second bite of the apple. However,

defendants are not asking for a second bit~ they want

a first bite on the substance of the libel claim. Ryan,

Murdoch and Partridge were previously unsuccessful only

on the issue of their involvement. They did not address

the substance. WI never moved against the fourth cause

of action (the only one remaining, other than the first

which is solely against Weberman), and, importantly,

it was successful on the motion against the other causes. J

Weberman has never previously moved at all. The issues

1
on this motion have not been previously litigated.
 The second point of the Opp. Memo. concentrates
on successive motions for summary judgment. It is undisputed
that Weberman and VVI have not previously moved for
summary judgment. Even assuming arguendo, that the

motions on behalf of Ryan, Murdoch and Partridge were

converted into motions for summary judgment, the testimony

of Eder at his deposition certainly provided "newl y

discovered evidence" for the instant motion. See Graney

Development Corp. v. Taksen, 62 A.D.2d 1148, 404 N.Y.S.2d

180 (4th Dept. 1978). At the deposition, Eder discloseq

his vast criminal record and repeatedly conceded that

he was an informant for the DEA. Both these areas of

testimony support the instant motion.

The statement that someone was a DEA informant

might arguably be deemed defamtory. However, if that

individual confirms the truth of the statement, then

it cannot as a matter of law be libelous. Eder's deposition

was held on February 16, 1979, long after the motion

on behalf of Ryan, Murdoch and VVI was served . Since

no one from the office of Partridge's attorneys was

a/I- ,
( 114 cr=e ;:1 fl<£i7ai.t H- s-)
present at that deposition~~and the trahscript of the

deposition was not received by that office until weeks

later, Partridge did not have the benefit of that e v idence

when her Notice of Motion was served.

In short , the nature of this motion and the

evidence on which it is based is different from the

prior two mo t ion s .

 CONCLUSION

The motion of all defendants should be granted

and the Complaint dismissed .

.
.
Dated: June 28, 1979

Respectfully submitted,
DAVID MICHAELS, ESQ.
Attorney for Defendant Alan J.
Weberman
342 Madison Avenue
New York, New York 10017
Tel. No. (212) 867-1170

SQUADRON, ELLENOFF, PLESENT

& LEHRER
Attorneys for all other
Defendants
551 Fifth Avenue
New York, New York 10017
Tel. No. (212) 661-6500

Of Counsel:
Slade R. Metcalf
 SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------------------------------------x
-. CHIC EDER,
Plaintiff,
- against - Index·No.
ALAN J. WEBERMAN~· a/k/a.A, J, WEBERMAN,
WILLIAM J. RYAN, MARIANNE PARTRIDGE, ANSWER
RUPERT MURDOCH and THE VILLAGE VOICE,
INC., . .

Defendants~
-----------------•:---.. --------------~------x

•Defendant, ALAN J •. WEBERMAN, by his attorney DAVID

s. MICHAELS, does.hereby Ariswer the Complaint as follows:
1. Defendant adlllits the allegations of paragraph l
of the complaint.
2. Up0n information and belief, the defendant admits
the allegations of paragraph 2, 3 1 4 and 5 of the complaint.
3. Defendant, upon information and belief, denies
· · ·the allegations of. paragraph 6 of the complaint herein, ·except
that defendant denies knowledge of the allegation within
paragraph 6 of the complaint as to plaintiff's citizenship
within the State of New York.
4. Defendant denies each and every allegation of
paragraph 7.
5. Defendant admits the allegations of paragraph
8 insofar as they apply specifically to him and denies
knowledge of the other allegations therewithin.
. ...

6. Defendant admits the allegations of paragraph 9

of the complaint herein . except defendant deniea t hat the
material quoted therewithin applies to plaintiff beyond
the first sentence thereof.
7. Defendant denies the allegations of paragraph
10 , except that he admits that it was intended to be
underatood that he indeed alleged that plaintiff waa an
informant for the United States Drug Enforcement Administra-
tion .
Defendant denies the allegations in paragra lOb,
lOc , d , e , f and g .
8. Defendant denies the allegations in paragraphs
11, 12, 13, 14, 15 , 16 , 17, 19, 21 , 22 , 23 , 24, 26 , 27, 28 ,
29 , 30 , 31, 33 , 34 , 35, 36 and 38 .
9. Defendant assat:s that he is without knowledge aa
to the truth or falsehood as to the alleg~tions of paragraph
20 herein.

FOR A FIRS'X AFF IRMATIVE DEFENSE

Defendant asserts that the material and allegations

complained of are true .
FOR A SECOND AFP'IBMATIVB DEFENSE

Defendant asaerta that the material and allegations

- 2 -
 complained of are constitutionally privileged under the
.. New Yor k State and United States Constitutions •

WHEREFORE , defendant Alan J. Weberman demand•

judgment dismieaing th complaint together with coats and
disbursements of this action .
Dated : New York, New York
January 30, 1979 .
Yours, etc .

DAVID S . MICHAELS
Attorney f or defendant
Alan J . Weberman
342 Madison Avenue
New York, New York 10017
(212) 867-1170
To:
ROSENSTEIN & KAHN
At torn ya for Plaintiff
225 Broadway
Nev York , Nev York 10007
DAV I D S. M I C H A ELS
342 MADISON AVENU E

NEW YORK, N . Y. 10017

• 197

••
1

l 17
 February 2, 1979
Michael Kennedy, Kaq.
148 East 78 Street
Hew York, Rew York
De•r Kr. Kennady:
I ancloae her•ith a copy of the am.on••
complaint and the article complained of in tba utter
of Eder v. Weberman.
I look f orward to •P*•king with you •&•ln
concerning information you ..Y have 1n thi• matter,
aad I tb•nk you for your ooopar•tlon.

Very truly yoara,

DSM:ga DAVID S. MICJIAll.s

Inc.
cc.:
A. J. Weberman
6 Bleecker Street
Hew York, Mew York
 4udfr1· r; u w11y - 7'

S 6 . - - - - -- -- - -- - ' - - - -- - - In Viol. of F.S. - -- - --

WITNESSES AGAINST DEFENDANT: see reverse side for additional
witnesses

504. 01. 304

 Duty Hours~
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Other Officer DIST/SECTION ID NUMBER ,, Days Off Duty Hours: , -:-,

Other Officer . DIST/ SECTION :-. . ..., ID NUMBER • • fo , ..,. Days Off • Duty Hours: .
' ' 0 1 • 11 INFORMAT ION BELOW DOUBLE LINES SHALL BE COMPLETED BY TH E COURT l
WAIV ER OF PRELIMINARY HEARING

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:, , 1 . • CASE NO. • CASE NO .~~~~~~~-.-~~~~

! ARRAIGNMENT, J UDGMENT, SENTENCE AND ORDER ARRA IGNMENT, JUDGMENT. SENTENCE AND O RDER
Said ' Defendant was arraigned for trial on _ __ __ _ __ _ _ Said Defendant was arraigned for trial on ~ •
ind entered a p lea of guil ty to the charge as set forth here in . and entered a plea o f guilty to the charge as set fo~th herein ~ • i'.
After hearing the evidence end duly considering the 5ame, the Court After hearing tho evidence and duly considering thll same'. the Cou'1 : . '
londs you, the Defendant, gu ilty of said charge ; ANO finds you, the Defendant, . guilty of said charge; ANO ·, i.
I T IS ORDERED AND ADJUDGED that you, the Defendant , are,_ _ __ IT IS ORDERED AND A DJUDGED that you, the Oefa(ldant ..,are t
:iuil ty as charged of SBld o ff ense as set fort h herein . . • guilty as c harged of said o ffense us set forth herein. ..., J
IT IS, TH E REFORE , the Judgment, Order and Sentence of the Court IT IS, THEREFORE, the Judgment, Order and Sent~nce o f the Co~rt r
1lla t yo u, the Defendant, be imprisoned in the County Jail of Dad e Count y, tha t yo u, the Defendant , be imprisoned In the Cou~tY. Jail of Dade Coun'tv~ . '·
Florida, for 1 term of _ _ ___ davs. and pay a fine of$ _ _ __ _ _ __ Florida , for a term o f days, and pay a fine of$ \ ".J
.ind$ , the cost herein; 'and in default of such paymen t and $ • the· cost hereon ; and in <Jt!ii.ilt of suc~~ayme~;fi :· '
1hat you, the Oefendjlnt, stand committed to the County J ai l of Dade : • , tha t yol.l.. t.he Defendant, stand committed to the;,·Coi.onty J aQ_,of Da<!~'
.;o unty, Florida f~ a term of • days . • , • •. County. Florida ·for a term of days. '• , '1
DONE , ORDERED, AND ADJUDGED in open Court a t J DONE , ORDERED, ANO ADJUDGED in pi)en . Court et 01
_

1
~.
l)ade County, Florida, o n

•
' ,\ '
Dade County, Fl orida, on

v .,,, • :~ :,.
·
..
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~
:
· l ., •
:\. . . JudQ8
County Court in and for Dade County, Florida
• \ - , .. J ••

• I
: COUNTY COURT, MAGISTRAT

·' ....

.,
)

:~ THE COUNTY COURT

AND FOR
DADE COUNTY , FLORIDA
 SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
Index No . 4265/79
-------------------------------------x
•. CHIC EDER , A. J .

..
'
Plaintiff , (Affirmatio n and
extensive exh ibits
- against- omitted) .
ALAN J. WEBERMAN, a/k/a A . J .
WEBERMAN , WILLI AM J . RYAN,
MARIANNE PARTRI DGE, RUPERT
MURDOCH and THE VI LLAGE VOICE ,
INC .

Defendants .

------ ----------------- - -~ ----- - --- --x

PLAINTIFF ' S MEMORANDUM IN OPPOSITION

TO THE DEFENDANTS ' MOTION FOR SUMMA-
!- •
RY JUDGMENT

,.

ROSENSTEIN & KAHN, ESQS .

Attorneys for Plaintiff
225 Broadway
New York, New York 10007
(212) 374 - 1438

Of Counsel:

Marc Kahn
 ..

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK
Index No. 4265/79
------------------------------------x
CH I C EDER,

Pl aintiff,
-against-

ALAN J . WEBERMAN , a/k/a A. J.

WEBERMAN , WILL I AM J . RYAN,
MARIANNE PARTRIDGE, RUPERT
MURDOCH and THE VILLAGE VOICE ,
INC. .

Defendants .

------------------------------------x
PLAINTIFF'S MEMORANDUM .IN OPPOSITION
TO THE DEFENDANTS' MOTION FOR SUMMA-
. RY JUDGMENT

1· PRELIMINARY STATEMENT

Plaintiff's injuries ari se from the publication o f an

article in The Village Voice authored by A. J . Weberman and published

on or about November 27 , 1978. A copy of the article is annexed to

the defendants ' moving papers. Plaintiff's complaint originally s e t

forth five causes of action for relief.

During the course of this litigation, the plaintiff has

agreed that he would stipulate to the withdrawal of the second cause

of action as to each of the defe ndants . There a f ter in his opinion

dated May 7, 1979, a copy of which i s attached t o the plaintiff's

opposing papers, Judge Fraiman dismissed th e third cause of action

..
 2.

against the defend.ants, Ryan, Murdoch, and The Village Voice. The

fifth cause of action seeking punitive damages was also dismissed

as against those plainti ffs with leave to replead to claim

punitive damages as part of the relief sought in the remaining

causes of action.
ii

The defendant A.J . Weberman answered the complaint on

January 30, 1979 . On the same date , The Village Voice , together

with Wi lliam J . Ryan and Rupert Murdoch, moved for di smissal of the

complaint or in the alternative , summary judgment . On February

16, 19 79 , the plaintiff appeared pursuant to notice for deposition,

and was deposed by counsel for the defendants from 2:00 p . m. until

6:30 p . m., at which time David Michaels , Esq ., one of counsel for

the defendants stated he had no further questions of the plaintiff.

Thereafter by notice dated March 8, 1979, the defendant Marianne

- Partridge moved for dismissal of the complaint or in the alternative

sununary judgment. On or about May 8, 1979 all of the defendants moved

for summary judgment dismissing the complaint .

THE FACTS

On or before November 27 , 1978, the defendant Alan J.

Weberman wrote an obituary for Tom Forcade , a ·political activist

and publisher who cornmited suicide on November 16, 1978. Thi s

article was featured in the November 27 , 1978 issue of The Village

Voice , a weekly newspaper distributed throughout the New York

Metropolitan Area. At the time of the p ublication, Marianne

 Partridge was the Editor of The Village Voice, William J. Ryan

was President and Publisher, and Rupert Murdoch was a director and
principal owner of the Corporate defendant.

The obiturary read in its entirety portrays the decedent

as a man who was continuously harassed and plagued by government

police agencies, and further tormented by the allegation made by

certain members of the counter culture that he too was a "cop" .

The following excerpts comprise a substantial portion of the
entire obituary:

"During the late 1960s and early 1970s

UPS served as the war room in the Under-
ground Press's fight for survival. The
FBI's Cointel program against the under-
ground was in full swing and Tom did his
best to combat it."

"Also, he allegedly led the riot that

occurred when Nixon was nominated. At
least this is what the FBI thought, since
they tried to frame him and his associate
Cindy Orhenstien, for possession of fire-
bombs."

"Recently Rick Namey, a former FBI

snitch who had infiltrated the Zippies
has come forward and admitted that the
Justice Department wanted him to falsely
testify about Tom and Cindy. Namey who
is now doing a book for Quadrangle Press
about his experience, refus ed to help
frame them. "

"Tom was arrested at the UPS office

by the FBI. He told them he was a member
of the Weather Underground and that his
comrades would soon free him . They be-
lieved him and placed two shot-gun
wielding guards in front of his cell .
 4.

"Very few other people would help

Torn. Rubin and Hoffman had called him
a cop during the Yippie- Zippie conflict
in Miami and the label stuck. Eventually
both Abbie and Jerry admitted this was
the wrong thing to do .

"High Times became more and more

successful. Yet Tom's name never ap-
peared anywhere in it . Torn was afraid
that the " cop" label the Yippies had ·
put on him ·would adversely affect the
magazine."

"In 1976 Torn showed up at ~he Republi-

can Convention in Kansas City. During
a Yippie demonstration Torn was beaten by
Secret Service agents who were angered
by his success in gaining membership in
the White !Jouse Press Corps."

" In 1977 a federal grand jury in

Brooklyn began an investigation concerning
Tom Forcade based on the testimony of Chic
Eder, a high- level DEA informant who has
been characterized as "Mr . Marijuana" in
several magazine artic l es. The pressure
began to build and Torn started to go into
periods of extreme depression . "

"A week before he killed himself Torn

told me that he believed the DEA Special
Operations Division might have sabotaged
~ack ' s aircraft, since the remains of a
barometrically activated bomb were found
in the wreakage."

"Around this time Tom ' s loft was broken

into. . Tom was shaken by the incide nt ,
which he attributed to a secret DEA investi-
gation into his finances ."

The statements explicitly concerning the plaintiff are

\

false , and plaintiff , during the course of his examination before

trial has so stated . Plaintiff also contends that the article
libels him by innuendo in the manner set forth in detail in the
 5.

complaint. As the above quoted passages from the obituary show,

a jury considering the entire Forcade article might reasonably

infer that plaintiff was a paid informer for the government, that

plaintiff. was part of a continuous pattern of harassment launched

by the government against Forcade, which included sabotage and

burglary, and that plaintiff's alleged instigation of a grand

jury investigation of Forcade was the straw that broke the camel's

back and led Forcade to take his own life. The jury considering

the article as a whole might well find that these innuendos consti-

tuted the kind of libelous. attack which :

~tends to expose (plaintiff) to

hatred, contempt or aversion, or
to induce any evil or unsavory
opinion of (plaintiff) in the minds
of a substantial number of the com-
munity."
..
Moran v. Hearst Corporation , 50 A.D.2d 527, 375 N.Y.S.2d .1 13, 114

(1st Dept. 1975), aff'd 40 N.Y.2d 1071 (1976). Defendants quibble

about what the artic l e "merely says " (de fendant s ' brief at p . 12)
I •
and seek to divert the Court's attention from their own tortious

acts and prejudice the plaintiff by wai ving a red fl a g regarding

the plaintiff's admitted past criminal record. (See defendant s '

brief at p.17). Defendants continue their character assass ination

of the plaintiff by comparing him in their brief, at p .20 with

murderers and assassins . Defendants' brief aff i rmation in support

of its motion simil ar l y focuses on plaintiff's criminal record, at

paragraphs 2 and 3 , and seeks to divert the Court's attention from

 6.

the main thrust of plaintiff's complaint by arguing tha t the

plaintiff has already conceded that he g a ve certa in information

to the United States Drug Enforcement Administratio n which there-

fore makes him a "high-ievel DEA informant".

Plaintiff did indeed concede at his e x amination that

he had giv en certain techni c al information to the United States

Drug Enforcement Administration and the Federal Bureau of Investi-

gation. In response to counsel's question, the plaintiff stated

that he had given:- ·information

"Only to the United States Drug

Enforcement Administration and I
stated prior to that what that. in-
formation was. That information
was dealing with a leak they had
in their c omputer. There was a
method of gaining access to in-
formation coming out of their
computers and I plugged that leak
for them." . (Eder transcript p.2 6
lines 6-11)

"I made a deal with the Unite d

States Government Federal Bure au
of Investigation to ascertain
whether or not their telephones
were in fact capable of being
tapped. I then tapped their
telephones and sold them that in-
formation in order to get my self
and other people out of problems
with the United States Governme nt."
(Eder transcript p.26 - p.27 lines
. 21 - 25; lin e 1)

The gravamen of plaintiff's complaint however is that he

has been maliciously and wron g fully accused of informing on Tom

·Forcade. As stated at the examination:

"The main thrust of my arg ument
is this man maliciously called me
a government informant and the
,
7.

society in which we live, a

government informant is a man who
puts another man in prison for
himself and is looked upon as a
piranha , and that is the thrust of
my argument here ." (Eder transcript
p .7 4 line 1 4 - 19)

"Let me be very clear about this:

With regard to any information or
any t estimony th at might l ead to
an arrest or conviction of any human
being, I have not given any informa -
tion to any agency or anyone, period ~
(Eder transcript p.28 lines 13 - 16)

Informers have been d espised in American Society ever

since Benedict Arnold. As the above quoted excerpts from the

obituary show, the decedent Tom Forcade was plagued by the "cop"

l abel placed on him by fellow political activists . Ironically, the

obituary notes that " eventually both Abbie and Jerry admitted this

_was the wrong thing to do ". Quite apart from being held up to hatred

ridicule or contempt , plaintiff has been exposed to the risk of serious

personal injury as a result of defendants' accusations. Nevertheless ,

defendants have vigorously rejected plaintiff ' s effort to discover

the evidence necessary to establish his case and repeatedly have

sought accelerated judgment from this Court to bar p l aintiff from

ever gaining an opportunity to prove his case before a j u ry. Each

of the judges wh o have passed upon the d efendants ' prio r requests

for acce l erated judgme nt have rejected the same and required dis-
covery proceedings as set forth in the opinions annexed to the aff ir-

rnation of plaintiff's counsel submitted in opposition to the present

motion .
 8.

POINT I

THE DEFENDANTS ' MOTION FOR SUMMARY

JUDGMENT MUST BE DENIED BECAUSE NU-
MEROUS ISSUES OF MATERIAL FACT RE-
MAI N IN DISPUTE .

One of the most e l emental rul es of motion practice is

that a mo~ion for summary judgment must be denied whenever there

are material i s sues of fact in dispute between the parties . The

mot i on for sununary judgment requires the Court to undertake "i ssue

f ind i n g" rather t han "issue determination". Sil l man v. _Twentieth

Century Fox Film Coro ., 3 N. Y.2d 395, 404 (1957) . The existence

of sharp disputes over genuine i ssues of material fact , as in the

presen t case , bar any motion for sununary judgment at t his stage of

the proceedings . Friends of Animals , Inc . v. Associated Fur Manu-

~ac~urers , Inc ., 61 A . D. 2d 141, 401 N. Y.S . 2d 78, (1st Dept . 1978);

Dachowitz v. Kranis, 61 A.D.2d 783 , 401 N.Y . S . 2d 844 (2nd Dept . 1 978)

Leveret v . Gavin, 18 A. D.2d 677, 236 N. Y.S.2d 496 (2nd Dept. 1962) .

As Mr . Justice Lupiano pointed out in the Friends of Animals ,

I .
Inc . case :

" ... issue- finding , rather than issue-

determination, is the key to the pro-
cedure ... (S) ummary judgment is a dras-
tic remedy and should not be granted
where there is any doubt as to the
existence of triable issues . . . or where
the issue is arguable .. (.) (citations
omitted). 401 N. Y . S . 2d at 80 . "

Substantially every single material fact involved in this

case is in dispute. In his answer , appended to the moving papers,

the defendant Weberman denies substantially all of the material

;
9.

allegations of the complaint (see Weberman answer at p . 2 pars . 7

and 8) . Moreover defendant Weberman in his answer asserts that the

material allegations complained of are true . Plaintiff says that

they are false . No sharper dispute could possibly exist, rendering

surrunary j udgment absolutely unavailable to defendants.

The remaining defendants have not yet submitted any answers

to the complaint .* Their answers will undoubtedly deny all of the

material allegations of the complaint , just as Weberman ' s answer

did and just as the remaining defendants did with respect to their

previous motions for accelerated judgment. The opinions rendered

by Judge Fraiman and Judge Shapiro in the prior motions, annexed

to plaintiff's opposing papers, clearly demonstrate that sharp

factual disputes concern the participation of the individual defend-

ants were presented to the Court on those motions . As Jud ge Shaprio

noted at p.2 of his opinion , the factual evidence of the involvement

of the individual defendants or lack thereof" .. . are matters peculiarly

within (their) knowledge and others working at the paper. As such,

plaintiff should not be expected to furnish proof on that issue be-

fore having the opportunity to complete appropriate discovery pro-

ceedings (CPLR 3212(f)) .'' See Shaprio ·opinion at p . 2 . Whenever

material facts in dispute are exclusively within the knowledge of

the moving party on a motion for summary judgment, such motions must
be denied . Utica Sheet Metal Corp . v . J.E . Schecter Corp., 25 A.O.
2d 928, 270 N. Y. S . 2d 259, 261 (3rd Dept. l966); Franklin National
Bank v. Degiacomo , 20 A. D.2d 797 , 248 N.Y . S.2d 586 , 587, (2d Dept. 1964);

*Indeed , the making of the motion before issue has been joined
affords another ground for the denial of the motion. See CPLR 3212
(a); Nichols v. Haehn , 8 A.D.2d 405 , 413 N.Y.S.2d 773 (4th Dept. 1959).
 10.
(
I

SEIGEL, NEW YORK PRACTICE, p.388 (1978).

The defendants' woefully ina~equat e affi davit submitted

on the motion misstate s plaintiff's contentions to suggest that

no serious factual issues remain disputed. In paragraph 3 of their

short affidavit, the defendants state that plaintiff's "primary

concern in this matter was that his reputation as an 'honest outlaw'

was defamed by the allegation that he had testified before a Grand

Jury." (See affirmation of David Mich~els, Esq. at par. 3) · Plain-

tiff's transcript however, explicitly states that the main thrust

of plaintiff's a~gument-c was not that he was defamed by the allega-

tion that he had testified before a Grand Jury, but rather that he

was defamed by the allegation that h e had informed on Torn Forcade.

(Se~ Eder transcript at p.74 lines 14 - 19 cited above at p.7).

Plaintiff further cont ends that he has been defamed by the allega-

tion s , reason ably inferred from the article that h e was a narcotic' s

agent, employed by the government for the purposes of harassing and

informing on Tom Forcade, and that h e was part of a scheme of

harassment which included the murder of Forcade 's friend Jack and

the burglary of Forcade's home, all of which finally caused Forcade

to take his own life. Defendants refuse to recognize disputed factual

issues pref erring instead to hide b e hind the in f lammatory assertion

that " plaintiff's reputation as a criminal and in criminal circles
is not protectable". (Michaels ' affirmatio n at par. 3) . Plaintiff' s

complaint however and the transcript of his deposition demonstrate

 11.
, ·'

that plaintiff is not merely asserting defamation with respect · to

his reputation as an "honest outlaw"

"Q · So you mean, when y ou say among

your friends and business associates,
in paragraph 7, you mean other people
involved in violating the marijuana
law previously held you in high esteem?
A Tha t is correct.

Q Are you talking about anybod y

else?

A. I'm talking about people out-

side of that, as well.

Q Who are the people that held

this opinion o f you?

A Outside the marijuana business?

Q Insid e or outside, would you t el l

us who it is that you believe felt you
had a good reputation f o r truthfulness,
worthiness and good character?

A Almost everyone I knew.

Q Most of th e people you knew were in

the marijuana busines s, I g uess; is that
true?
A No, not most of them. I would say--

Q What you are really complaining about

in this case is th e loss of faith of the
people in the marijuana busines s who pre-
v iously b e li eved you were an hon es t out-
law and came to believe, through the
article--
A That is only part of it. The other
part is the people th at come in contact with
me on an every day basis .(Eder tran s . pp . 73 - 7~
lines 10 - 10)
Similarly defendants belabor the characterization of

plaintiff as a "high-level DEA informant", ignoring the fact that

 12.

it is not merely the label of DEA informant that plaintiff complains

of, but rather the innuendo that as a paid DEA informant, he testified

against Tom Forcade in a Grand Jury proceeding which resulted in an

investigation of Forcade ·that drove Forcade to suicide. Although

counsel for the defendants belabored the characterization of plain-

tiff as a high-level DEA informant during the plaintiff's examination,

the true nature of the crux of plaintiff's case was clearly elicited.

"Q Were you or were you not in

the limited work with · that agency ,
which you have desc ribed to us, a
high level informant?
A Again, at such time as yo u
~uestion, a DEA agent with regard
to what their levels are , you
might be able to . ascertain
whether it is a high level or
low level. Okay?

Q Did you not tell us before

that security of their personnel
and their information was a very
important priority for that agency?

A Yes, I stated that the only

two things they were more concerned
with than arrest and conviction were
those two factors. · Again, as to
whether it is a hi gh level DEA in-
formant, I am not arguing the point .
I did do business with the Drug
Enforcement Administration and I
am not arguing that point at all.

Q You conceded, in fact?

A Of course I have . The poi nt

is now, the point you are belaboring
is high level. I have answered the
question that I cannot state wha t
level I was . You will have to ask
the DEA. Okay?
;
l3.

Q Fine. Where in that article

do you find an allegation that you
received financial rewards for in-
forming on Tom Forcade? Would you
point out the place in that article
where it is stated and implied?

A It states it negatively.
There is an inference. By use of
informant, there is inferred in that
·fact of payment by the government.

Q In fact, monetary payment?

In fact, when you were a DEA in-
formant, what you received by way
of consideration was your release
from jail; is .that not true?

A That is not true. What I

received was a quashing of a case
against me.

Q Not financial reward?

A Not financial.

Q In fact, you know informants

are also rewarded in nonfinanci a l ways?

A No question about it. What we

are stating, again, is inferred in that
is th e payment from th e government.

Q Simply by us e of the word "in-

formant"?

A Yes. It is my contention .. that

is inferred by a greater number of
people.

Q In fact, you never gave the

government any false information on
Tom Forcade because you never gave
them any information on Tom Forcade;
is that correct?

A That's correct ."( Eder transcript

pp . 7 8 - 79 lines 3 - 23)
J 14 .

"A ... I want to state in court

that Weberman has said that I have
given testimony in a Brooklyn
Federal grand jury in 1977 and I
am stating that is the basis of my
case, that I have not given testi-
mony against Forcade or anybody e lse
or any grand jury or any other place . "
( Eder transcript pp.80 - . 81 lines
22 - 3)

Defendants ' affirmation completely fails to address these

issues of disputed fact, preferring to i gnore them . Silence however,

does not discharge defendants ' burden of proof on this motion, and

the existence of disputed issues of material facts clearly require

the motion to be denied .

.. ·POINT. II

DEFENDANTS' FAILURE TO RAISE ON

PRIOR MOTIONS THE ISSUES RAISED
HEREIN, REQUIRES DENIAL OF THE
PRESENT MOTION

Each of the defendants, excluding A.J. Weberman, have

previously moved for accelerated j udgment under CPLR Section 3211 ,

and have sought in the alternative summary judgment against the

plaintiff . It is well settled that multipl e sununary judgment motions

should be discouraged in the absenc e of a showing of n e wly discovered

evidence or other sufficient c ause . Graney Develo pment Corp. v .

Taksen , 62 A.D.2d 1148; 404 N.Y.S.2d 180 (4th Dept. 1978); Abramoff

v . Fede ral Insurance Co . , 48 A. D.2d 676 , 368 N.Y . S.2d 44 (2nd Dept.

1975); Levitz v. Robbins· Music Corp. , 17 A. D.2d 801, 232 N.Y.S.2d

769 (1st Dept. 1962).

J
15.

There is no newly discovered evidence which would justify

the series of motions directed against plaintiff by defendants.

Plaintiff finished his deposition February 16, 1979, three weeks

prior to the motion of Marianne Partridge and three months prior

to the present motion. As the Appellate Division observed in its

Per Curiam opinion in Levitz, cited above .:

"Parties will not be permitted

to make successive fragmentary
attacks upon a cause of action but
must assert all available grounds
when moving for summary judgment.
There can be no reservation of any
issue to be used upon any subsequent
motion for summary judgment . A court,
upon a motion for summary judgment,
must examine all of the facts pre-
sented by the affidavits, pleadings
and documents and decide whether a
triable issue is rai sed. Once
having done so , a court may n ot on
a subsequent motion consider matter
which a party has withheld or failed
to urge a s a ground for g r a nting
summary judgment t heretofo re den ied.
The denial of the original motion
for summary judgment estab lished the
law of the case and required the denial
of the subsequent motion in the circum-
stanc es herein." ( 232 N.Y.S.2d at 771)

Defendants have previous l y attacked t he sufficien cy of

plaintiff's complaint, as they h ave done again in the present motion .

Denial of the previous motions , now precludes defendants from obtaining

summary judgmen t on the same facts since t h e gran t of s uch relief

would clearly have the effect of frustrating the earlie r dispositions .

See Martin v . City of Kohoes , 37 N.Y . 2d 1 6 2, 371 N.Y.S.2d 687 (1975 )

.J
16 •
•

Mobil Oil Corp. v. Town of Huntington, 85 Misc.2d 800, 300 N.Y.S.2d

446 (Sup. Ct. Suffolk Co. 1975).

Defendants have previously attacked the sufficiency of

plaintiff's complaint and offered affidavits and briefs in support

of their position, which has been rejected by the prior decisions

of Judg e Fraiman and Judge Shaprio . Those decisions are now the

law of the case and bar yet another for summary judgment by the

defendants at this time. Both of the judges who have previously

heard defendants' motions have clearly indicated that plaintiff is

entitled to discovery before further motions of summary judgment

may be considered.

"Partridge's involvement or
the lack thereof are matters pecu-
liarly within her knowledge and
others working at the paper . As
such, plaintiff should not be ex-
pected to furnish proof on that
issue before having the oppor-
tunity to complete appropriate
discovery proceedings ." (CPLR
3212(f)). (Shaprio opinion, p.2)

"Accordingly , the motion to

dismiss on this ground by d efend-
ants Murdoch and Ryan is denied .
This determination is without
prejudice to a motion, after appro-
priate discovery by plaintiff, for
summary judgment based on lack of
advanced knowledge of the article
by said defendants." (Fraiman opinion,
p.2)
It is patently unfair to allow parties to r e move themselves as
defendants, or obtain accelerated judgment when the facts upon which

their liability ari s es are solely within their knowledge, and the cases
 l7.

clearly recognize that plaintiff may not be penalized because

he has no opportunity to develop proof in support of his complaint.

Mobil Oil Corp. v. Town of Hempstead, 59 A.D.2d 551, 397 N.Y.S.2d

141 (2nd Dept. 1977); Leopold v. Britt, 58 A.D.2d 856, 396 N.Y.S.2d

860 (2nd Dept. 1970).

The res judicata effect of the law of the case doctrine

bars accelerated judgment in precisely the circumstance present here,

where various defendants have already had two opportunities to seek

summary judgment and have been rejected by the court on both occasions.

For these reasons the present motion must also be denied.

CONCLUSION

Defendants launch numerous attacks upon plaintiff's com-

plaint, all of which could have been raised and should have been

raised in previous motions. pefendants no where seriously deny the

existence of material issues of fact concerning for example the

degree of involvement of several of the individual defendants, or

the question of whether a jury might reasonably read the article

to allege that the plaintiff is a paid government informer who was

part of a pattern of h arassment against the decedent Tom Forcade , who

informed on Tom Forcade and participated in various criminal acts

directed against him and his friends, and who ultimately drove
Forcade to take his own life. The existence of these material
issues of fact, together with the defendants' failure to submit any
 18.

proof regarding the same on this motion and the res judicata

effect of the previous decision require that the instant motion

be denied in all respects.

Dated: New York , New York

June 22, .1979

Respectfully submitted ,

ROSENSTEIN' & KAHN

Attorneys for Plaintiff
223 Broadway
New York, New York
(.212 ) 3 7 4 -14 3 8

Of Counsel:

Marc Kahn
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK

- ·- - - x
CHIC EDER,

Plaintiff,

-against- Index No~ 02206 /79

ALAN J. WEBERMAN, a/k/ a A. J. WEBERMA.~ ,

WILLIAM J . RYAN , MARIANNE PARTRI DGE,
RUPERT MURDOCH and THE VILLAGE VOICE, ·rNc., .
~

Defendants. .
x

MEMORANDUM --rN SUPPORT

OF DEFENDANTS ' MOTION
FOR SUMMARY· JUDGMENT·

SQUADRON , ELLENOFF, PLESENT & LEHRER

551 FIFTH AVENU E

N E W Y 0 R K, N . Y. I 0 0 17

(2 12) 661 - 6500

Of Counsel :

Neal M.. Goldman

Slade R. Metcalf
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK

- - - - - - - - - - - - - - - - - - - - - - x
CHIC EDER ,

Plaintiff,
-against- Index No . 02206 / 79
ALAN J. WEBERMAN, a/k/a A.J . WEBERMAN,
WILLIAM J. RYAN, MARIANNE PARTRIDGE,
RUPERT MURDOCH and THE VILLAGE VOICE , INC .,

Defendants .

- - - - - - - - - x

MEMORANDUM IN SUPPORT
OF DEFENDANTS ' MOTION
FOR SUMMARY JUDGMENT

This memorandum is submitted on b e half of defen-

dant s Alan J. Weberman ("Weberman") , News Gr oup Publications,

Inc . ("Group " ) (formerly known and sued herein as The Village

Voice , Inc. [ 11 VVI 11 ] ) , William J . Ryan ("Ryan"), K. Rupert

Murdoch ("1·1 urdoch") and Marianne Partridge ("Partridge") in

support of their motion for summary judgment dismissing the

outrageous claims for libel and prima f acie tort brought

against them .
The Parties

Plaintiff Chic Eder ("Eder ") is said to be a r esident

of the State of New York who is sty l ed in the Complaint as an

innocent, well-meaning " e ntrepreneur, and venture capitalist,

and the sole owner and successful operator of a boating and

yachting business ." (Complaint ["Compl ." ], ~6). His testi -

many on examination before trial, however, portrays a radically

different character--one of an " outlaw ", the antithesis of the

upright citizen who is suffering the degradation of a defamed

reputation .
Group is , as VVI was for many years, the corporate

publ isher of a weekly newspaper entitled The Village Voice

( " The Voice " ) , which is distributed throughout the New York

metropolitan area . Ryan , former l y the President of VVI and the

Pub l isher of The Voice , is a Vice President of Group and

President of the Village Voice Division . Murdoch , the Chair-

man of Group, was a director of VVI . Partridge was at the
time of the publication of the Article and until December 31 ,

1978 , the Editor of The Voice.

Defendant A. J . Weberman is and was a freelance

writer who wrote the article complained of (the "Article")

which appeared in the November 27 , 1978 issue of The Voice.

The Complaint

The Complaint sets forth five purported causes of

action, a l l p er taining to the same publication , in es_sence an

obituary for Tom Forcade (a well-known membe r of the counter-
culture) who committed suicide on Novembe r 16 , 1978. (A copy
of the Article is annexed to the Complaint as Exhibit " l" . )

The sole reference to plaintiff in the lengthy, but obviously

compassionate Article is as follows:

- 2-
 "In 1977, a federal grand
jury i n Brooklyn began an in-
vestigation concerning Tom
Forcade base d on the testinony
of Chic Eder, a high-level DEA
informant who has been char-
acterized as 'Mr . Marijuana '
in several magazine articles ."

From this brief reference, plaintiff extrapolates

that Weberman intended to tie in Eder as the party responsible

for the various tragedies, listed in paragraph "10 " of the

Complaint, that befell Forcade .

The first cause of action , directed only against

Weberman , sounds in p rima faci e tort. Plaintiff al leges that

he "had a good r eputation for truthfulness, worthiness, and

good charac ter " albeit only among his friends and associates

(Comp l., ,17) , that the referenc es to h im in the Article were

false and that in writing the Article, Weberman was motivated

"solely by personal hatred and animosity" towards him and

published ~t " for the sole purpose of injuri ng p laintiff and

causing serious mental and emotional s tr ess . " (Comp l. 111111 ,

12, 13). Plaintiff further alleges that Weberrnan's conduct

was "outrageous, transcending the boundaries of dec ency toler -

ated by society and totally without justification . " (Comp l .

1115) . Plaintiff seeks $1 million in unsp ec if ied actual damages

and $1 million in punitive damages from Weberman .
Plaintiff withdrew his second cause of action

at hi s examination before trial . (Transcript of Examination

-3 -
Before Trial of Chich Eder ["Tr."], pp . 90-92, a copy of

which is annexed as Exhibit "A" to the accompanying affidavit

of David Michaels, sworn to the 8th day of May, 1979 ["Michaels

Aff. "]) .
The third purported cause of action sounds in a

tort which will be called "conspiracy to libel", which alleges

that all defendants conspired to defame the plaintiff by

publishing the Article. In particular , plaintiff alleges

that the following statements were libelous per se, and were

published with knowing falsity or reckless disregard of the

truth, or in a grossly irresponsible manner :

(a) plaintiff laid a false information against

Forcade ;
(b) plaintiff committed perjury before the grand

jury;

(c) plaintiff consp ired to murder Forcade's

friend "Jack"; and

(d) plaintiff conspired to commit a burglary at

Forcade's apartment. (Compl. ,128) .*

Plaintiff claims that his reputation has been damaged with

actual damage amounting to $1 million and punitive damages of

$1 ~illion . No special damages are pleaded.

*Since the Article self-evidently says none of these things,

the allegations must be construed to charge libel by innuendo .

-4-
 In his fourth cause of acti o n, plaintiff sets forth

a claim for libel arising from the same publication of the

Article and makes the same allegations as in the third cause

of action as to defendants' conduct, the nature of his

injury (i.e., to his reputation), and the amount of damages

he seeks. The only differences are that he omits the char-

acterization of "conspiracy '' and adds the following allegedly

defamatory statements:

(a) p laintiff i s a "high l eve l DEA informant ";

(b) a grand jury investigation of Forcade was

based on p laintiff 's t es timony ; and

(c) plaintiff caused the pressure to build on

Forcade , resulting in Forcade ' s suicide.

The fifth purported cause of act ion mer e l y seeks

punitive damages in the amount of $3 million , without any

additional substantiye al l egations .

Individual defendants Ryan , Murdoch and Partridge

have previously moved for summary judgment on the ground

that they had no involvement in the preparati on , editing or

publishing of the Article. VVI h as moved to dismiss the

third and fi fth causes of action on the ground of l egal

infirmity . These motions are still sub judice .

- 5-
 The F"acts

In stark contrast to the image of a hard-working

businessman contained in plai nti f f's Complaint (which he

free l y admi t s t hat he 'never saw prior to his own examinat i on

[Tr. 91 )) , Chic Eder , as he described himself at his deposi -

tion , is a hardened criminal who has little respect for any

laws, save the one of self- preservation . By his own admission,

Eder has spent approximately 18 of his 48 years in prison

(Tr. 22) , cannot remember how many times he has been arrested

(Tr . 15 , 25), or the number or jai l s in which he has been

incarcerated (Tr. 21) , although he does recall that he has

been conv i cted a t leas t six t imes for felonies (Tr . 15) .

The details of his criminal past will be detailed at Point II ,

infra . Moreover , he freely admits to his disdain for the

laws that govern the community . Thus, he explicates his

refusal to pay taxes as follows : " I have sort of a deal with

the government . Whatever they get is theirs and whatever I

get is mine ." (Tr. 56) .

Eder is primarily concerned that his " reputation "

as an " honest outlaw" has been defamed (Tr . 13) . In connec-

tion with the particular passage of the Articl.e which refers

to him , Eder feels that the "main thrust of my argument is

this man [Weberman] maliciously called me a government in-

formant " (Tr . 74 ) , although he readily concedes that he was

an informant for the Drug Enforcement Administration ("DEA")

- 6-
(Tr . 78)* (as well as the FBI [ Tr . 26]), he disputes the

c haracterizati on of " high level" informant. He further denies

t hat he ever performed his civic duty o f testifying before a

grand jury (Tr . 80) , be l ieving that were he ever to have

executed such a s u ggestion he ·wou l d be rendered a social

outcast (Tr . 67) .

His assessment of his damages as a result of the

pub l ication of the Article is so ludicrous as to be laughable .

On the o ne hand , he swears he did not make more than $ 600 in

the years 1 ~76 , 1977, or 1 978 ; he has never filed any tax

retur ns (Tr . 54) . On the other, he stresses that his primary

business is the mar i juana trade , and that over a period of

time ending in April 1977 , Eder and Forcade brought three

shipments of marijuana totalling many thousands of pounds

i nto the Unite d States (Tr . 43 - 44) . More than one million

dollars has passed through Eder ' s hands while e ngaged in the

marijuana busines s (Tr . 58) . He attempts to explain this

obvious inconsistency in his financial status by claiming

that he received no income from his mari j uana sales b ecause

the cost of doing business eats up all his profit . In so

doing , he clearly manifests his contempt for the law- ab iding

person and his refus a l to accept the norms that g overn society :

*For additiona l confirmation of plaintiff ' s status as an

informant , see Exhibit B to the Michaels Affidavit , as wel l
as Tr . 41.

- 7-
 "I don't make any profits , so I don ' t pay any
taxes . It's obvious what I am saying is I don't
pay any taxes to the United States Government
and I don't have any intention of paying taxes to
the United States Government . Therefore, I am
not going to state under testimony that I made
money on any ventures." (Tr. 56).

Eder candidly understands that he is stuck between the rock

and the hard spot :

JI I am in a cross here . I am damned if I do and

damned if I don't. I ' m stating that because of
the Internal Revenu e Service having access to
what is in fact the public document , which I am
dictating at this point , that I don't want to
state I made more money than that. My primary
objection to these lies that were printed about
me is social. My attorney , however, tells me
that I must show financial damage in order to
make my case stronger. I don ' t care if my case
is stronger or not stronger . Mr . Weberman
maliciously d e famed me in print and my statement
is this has hurt me socially much more than it
has hurt me on a business level , which is the
purpose . So whatever discussion that you g et
into wi th regard to my finances is pretty much
a dead end because we are not going to get
anywhere. I am not going to admit to you
having made more money than I would have to
pay taxes on. (Tr. 68 -6 9) .

Eder asserts that an undisclosed source withdr ew a

$100,000 investment in a magazine venture set up by Eder

after the publication of the Article (Tr . 64, 69), but speci-

fies no details. He then computes his $1 million actual

damages by claiming in his cavalier fashion that the invest-
ment would have grown to that amount b y the end of the year

(Tr. 8 8) .

It is this self-s tyled "outlaw," this felon who

freely admits, indeed boasts , of his intention to break the l aw ,

who now appe a ls to the l aw to redress the l oss to his "reputation. JI

- 8-
 ARGUMENT

POINT I
THE FI RST CAUSE OF ACTI ON
FOR P RI MA FACIE TORT MUS T
BE DISMISSED

The first cause of ac t ion in the Complaint seeks

to set for th a c a u se for prima ·facie tort . The e l ements to

sustain such a cause are well established : (1) intentional

inflic tion of harm ; (2) without e xcuse o r justification ;

( 3) by a n a c t o r series of act s whi c h wou l d otherwise be

lawful; (4 ) r esulting in actual t empor al damage ; and (5 )

not c l a ss ifi ed as any other recogn i zed tort . ATI , Inc. v .

Ruder & Fi nn , Inc. , 42 N. Y. 2d 454 , 398 N. Y. S . 2d 864 ( 1 977) ;

Advance Music Corporation v . American Tobacco Company , 296

N. Y. 79 (1 946) ; Sommer v . Kaufman ,_ 59 A. D. 2d 843 , 399 N. Y. S . 2d

7 (1st Dept . 1 977) ; Meehan v . Newsday , Inc ., 54 A. D. 2d 560 ,

387 N. Y. S .2d 1 3 (2d Dept . 1976) ; Ruza v . Ruza , 286 App . Div .

767 , 1 46 N. Y. S . 2d 808 (1st Dept . 1 955) .

It i s obv io u s that Eder cannot make out at l eas t

three of these e l e me n ts . Firs t, plai nt i ff cannot prove that

defendants acted solely out of i l l will and intended to harm
him . If any self- interest or o t her justification can be
shown on t he part of defendants , p l aintiff cannot recover
for a prima facie tort . Cummings v . Kaminski , 56 Misc . 2d

784 , 290 N. Y. S . 2d 408 (Sup . Ct . Kings Co . 1968) . Here , the

subject matter of the article is man i festly of public concern

- 9-
and publication is justified in the interest of dissemination

of news.

Secondly, the cause of action for pr~~a facie tort

is not supported by explicit allegations of special damages.

John c. Supermarket,: Inc. v. New Yo'.r k Pr·operty I"ns urance
Underwriting Assoc., 60 A.D.2d 807, 400 N.Y.S.2d 824 (1st

Dept. 1978); ~randt v. Winchell, 283 App. Div. 338, 127

N.Y.S.2d 865 (1st Dept. 1945). (See the extended discussion

of the lack of special damages at Point II, infra.)

"[G]iving plaintiff the benefit of
every favorable inference which can
be drawn from his allegations, the
complaint does . not set forth facts
which show a prima facie tort. A
cause of action must be judged by
its allegations, not its l abel.
Plaintiff's allegations contain no
mention of special damage, but on l y
of alleged compensatory and punitive
damages. The l aw is clear that a
cause of action for prima facie tort
must contain a statement of reasonably
identifiable losses sustained by the
plaintiff, i.e.; only actua l or special
damages can be recovered (Walsh Bros.
v. Ruppert, 7 A.D.2 d 896, 1 81 N.Y.S.2d
915). Here , the complaint contains no
such allegation and thus should have
been dismissed (see Holt v . Columbia
Broadcasting· ·System ,22A. D. 2d 7 91 ,
253 N. Y.S.2d 1020." Bohm v. Holzbe rg,
47 A.D.2d 764, 365 N.Y.S.2d 262, 264
i2d . Dept. 1975).
Finally, plaintiff may not recove r damages fo r a
single publication based o~ prima £acie tort because his

allegations fall within the tradit i onal category of libel.

Russo v . Advance Publ·i cati o ns, Tnc ., 33 A.D . 2d 1025, 307

-10-
N. Y.S .2d 916 (2d Dept . 1970); Lake Minnewaska Mountain Houses ,
I'nc. v . Smiley, 58 Misc . 2d 1001 , 297 N. Y.S.2d 243 (Sup.Ct.

Ulster Co . 1969). The first cause of action must be dismissed .

POINT II

THE WORDS COMPLAINED OF

ARE NOT LIBELOUS PER SE
AND THE COMP LAINT FAILS
TO ALLEGE SPECI AL DAMAGES

The third and fourth causes of action both sound

i n l ibel. Since Eder has conceded that he was a DEA in-

formant , the only statement of which he can conce ivabl y

complain is that in 1977 " a federal grand jury in Brooklyn

began an investigation concerning Tom Forcade based on the

testimony of Chic Eder . • . "* As in any case of alleged

l ibel, the initial inquiry must be whether or not the pub l i -

cation is libelous per ·se. The question of whe t her the words

complained of are libe l ous per se is for the court to decide .

James v . Gannett Co. ·, Inc ., 40 N. Y. 2d 415, 386 N. Y. S .2d 871

(1976); Tracy v. Newsday , Inc ., 5 N. Y.2d 135 , 182 N.Y . S.2d

(1959); McO.art v. Morris, 58 App . Div . 2d 700 ,· 396 N.Y.S.2d

107 (3rd Dept . 1977) .

*The characterization of him as "Mr . Marijuana" certainly

adheres to his own description of his business activi t ies .

-11-
 The s t atement complained of is obviously not an
accusation that plaintiff committed a crime of moral turpi -

tude . See Levine v. Kiss , 47 App . Div . 2d 544, 363 N.Y . S . 2d

101 (2d Dept . 1975) . These words are not the kind that

" tend 'to expose [plainti ff] to hatred , contempt or aversion ,

oi to induce an evil or unsavory opinion of [ plaintiff ] in

the minds of a substantial number of the community ' (Mencher

v. Chesley , 297 N. Y. 94 , 100, 75 N. E . 2d 257, 259) "

Moran v. Hearst Corpor·ation , 50 K. D . 2d 527, 375 N. Y.S.2d

113 , 114 (1st Dept. 1 9 75), aff . 40 N.Y . 2d 1071, 392 N. Y. S . 2d

253 (1976) .

The Article merely says that Eder gave testimony

on the basis of which a federa l grand jury began an i nvesti-

gation of Forcade. The reader could view Eder 's testimony

as voluntary or involuntary (compelled by a subpoena). In

either event , Eder is characte riz e d only as performing his

civic duty by coming forward with evidence. He is never

charged with hav ing given false testimony. Nor is it said

that Forcade ' s suicide resulted from such testimony . Even

assuming that he never testified before this grand jury in

1977 (although he clearly conce des having been an informant

for the DEA) , such an " accusation" is clearly not defamatory ,
and certainly is not libelous per se .

If saying that a belly dancer told a report er that

" Men is my business " was not defamatory , James v . Gannett Co . ,

-12 -
Inc., supra , if describing someone as a " friend ," even with

our modern vocabulary , was no accusation of an illicit sexual

relatio nship, was not i mproper,· Heaphy v . Westchester Rockland

Newspapers, Inc ., 47 A. D.2d 922 , 367 N. Y.S . 2d 52 (2nd Dept.

1975), affirmed 40 N. Y. 2d 861, 387 N.Y . S . 2d 1009 (1976); o r

if r eporting that a policeman " opened fire " and "gunned down"

a suspect was not libelous, Orr v . Lynch, 60 A.D . 2d 949, 401

N.Y .S.2d 897 (3rd Dept. 1978), affirmed 45 N.Y.2d 903 , 411

N.Y .S.2d 10 (197 8) , then a statement that one testified before

a grand jury cannot possibly be deemed to be defamatory at all ,

much l ess to be l ibelous per se .

Indeed, one case has specif i cally held that an

accusation that one person brought a criminal charge ag a inst

another is not l i belous p e r se .

" Nothing said i n t he article can be shown
to affect respondent ' s b usiness (Shakun v .
Sadinbff , 272 App.Div . 721 , 74 N. Y. S . 2d
556) or would permit more than speculation
that respondent was guilty of unseemly or
improper conduct ·(Nichols v . Item Publ i s h ers ,
309 N.Y . 596 1 32 N. E . 2d 860; Loudin v . Mohawk
Airl·i ne·s·, supra) . The ar t icles characterize
respondent as the victim , not the aggressor ,
and indicate h e is bringing criminal charges,
not be ing accused of crime . Possibly, he
may suffer some embarrassment and be the
brunt of friend l y jes t , but we cannot see
that he will b e subjected to ' r idicu l e or
contempt by asserting some moral discredit
upon his part ' (Katapodis v . Brooklyn Spec-
tator , 287 N. Y. 17, 20 , 38 N.E. 2d 112, 113)
or that his reputation wi ll be affected .
'Though the report may be false and probably
offensive , it i s not ac tionab l e .' (Tracy v .
Newsday, supra, 5 N. Y. 2d p . 1 38 , 182 N. Y. S . 2d
p. 1 55 , 1 55 N. E.2d p. 5. )" Robert v . Troy
Record Company , 31 A.D.2d 574 , 294 N. Y. S . 2d
723 , 724 - 725 ( 3rd Dept . 1 968) .

-1 3-
 Wher e the defendant ' s utterance is not l ibe l ous

per se, the plaintiff must plead specia l damages as an essential

element of the cause of action . Drug Research Corporation v .

Curtis Pub l ish-i·ng Co . , 7 N . Y.2d 435 , 1 99 N. Y. S . 2d 33, 166 N. E .

2d 319 (1960) ; Meehan v . Newsday , Inc ., 54 App . Div . 2d 560 , 387

N. Y. S . 2d 1 3 (2d Dept . 1 976) ; McGraw v . Watkins , 49 App . Div . 2d

958 , 373 N. Y. S.2d 663 (3rd Dept . 1 975); Spring Joint Venture
v. Fairchild· Publications,. Inc . , 33 App . Div.2d 515, 303

N. Y. S . 2d 999 (1st Dept . 1969). Failure to do so requires

dismissal of the cause of action. · Crashley v. Press Publishing

Co., 179 N. Y. 27 , 31, 7 1 N. E . 258 (1904) . Accord, Hartmann

v . Winche ll, 296 N. Y . 296 , 73 N. E . 2d 30 (1947) ; Reporters

Assn . of America v . Sun Printing ·& Publishing Assn . , 186 N. Y.

437 , 79 N. E . 710 (1906).

P l aintiff has made no attempt in his Complaint to
particularize his compensatory damages . He merely claims a

round figure of $1 million to compensate himself for unarti -

culated damage to reputation (Compl. ,f ,f 31 and 36). Such

generalized pleading cannot sustain a cause of action. Eder ' s

meagre attempt at his deposition to break down the $1 million

is woeful l y inadequate and even ludicrous. (See p. 8 , supra) .

Our courts have repeatedly held that where, as

here , special damages must be a l leged , the claim is insuffi -

cient unless the complaint names (1) the customers , clients

or patients who are said to have taken their business away

from the plaintiff as a result of the offending publication;

- 14-
(2) the specific contracts lost; or (3) other particularized

damage. Rager v. McCToskey., 305 N. Y. 75 (1953), rearg; denied

305 N.Y. 924 (1953); Rep·o :r te rs· :A ssn. of America v. Sun Printing

& Publishing Assn ., supra; Henki·n v. News Syndicate Co., Inc.,

2 7 Misc . 2 d 9 8 7 , 9 8 8 , 210 N • Y •_S • 2 d 3 0 2 , 3 0 4 ( Sup . Ct . N . Y • Co .

1 960), aff'd 19 A. D.2d 862 , 243 N .Y.S.2d 667 (1st Dept. 1963).

"The general allegation of

special damages contained in
the second cause of action is
clearly insufficient without
revealing the names of the
business associates who ter-
minated the alleged financial
promotions, undertakings and
joint ventures and the nature
and status thereof at the time
of the publication of the let-
ter. As presently alleged , the
plaintiffs are left to the r ealm
of speculation." Levine v.
Teitler, 6 Misc.2d 592, 593,
164 N.Y.S.2d 588, 590 (Sup . Ct .
Queens Co. 1956).

Further, the precise amount of finan cial damage

suffered must be stated or the cause of acti on cannot stand .

As the Court of Appeals said in Drug Res earch Corporation v.

Curtis Publis'h ing· Company , supra, 7 N.Y . 2d at 441: "The

damage claimed is $5,000,000. Such round figures, with no

attempt at itemiz ation, must be deemed to be a representation

of general damages ." In Carrol v. Watte rson, 18 6 App.Div.

703, 704, 175 N.Y.S. 24 (1st Dept. 1919), it was held that

the complaint alleged only general damages and was therefore

defective in alleging merely that plaintiff:

-15 -
 "has been damaged and injured
in his reputation and standing
and held up to public scorn and
disgrace and was discharged from
his employment , and has suffered
and will continue to suffer great
mental pain and anguish , and has
sustained damages in the sum of
$2 , 000."

It is now the settled law of this state that where

a statement is not actionable per se , the plaintiff's internal

fee lings can form no element of recoverable damage.

"It was early established in
this state . . • that an action
to recover for the utterance of
defamatory words , not actionable
in themselves , coul d not be sus-
tained by proof of mental dis-
tress and physical pain suffered
by the complainant as a result
thereof." . Garrison v . Sun Print-
ing and Publ ish~ng Ass o ciation ,
207 N. Y . 1, 4 , 100 N. E . 430 (1 912).
Accord, Shepard v. Lamphier., 84
Misc . 498 , 504-0 5 , 146 N.Y . S. 745
(Sup.Ct., Erie Co. 1914).

Since plainti ff's third and fourth causes of action fall far
short of the requisites for plea ding special damag es , they

must be dismissed. Wehring e·r v . Allen-Stev enson S c hool , 45

A.D. 2d 641 , 360 N.Y.S.2d 429 (1st Dept. 1974) , aff. 37 N. Y.2d

864 , 378 N.Y . S . 2d 46, 340 N.E . 2d 478 (1975) , dert denied
424 U. S . 924 (1976).

-16-
 POINT III

THE LIBEL CLAIMS MUST BE

DISMISSED SINCE PLAINTIFF
IS LIBEL-PROOF

The fundamental damage arising from a libelous

publication is injury to reputation . Morrison v. National B:t:oad-

casting Canpahy, 19 N.Y. 2d 453', 280 N. Y. S . 2d 64],. .(1967). If an individua l
has no decent reputation to protect, then he cannot possibly

incur any damage . He is deemed to be libel-proof .

Chic Eder is one individual in this special category

of hardened criminals who must be found to be libel-proof .

His criminal record is ample . He began his life of crime at

the tender age of thirteen when he was convicted of possession

of marijuana and spent three years in a r eformatory (Tr .1 2) .

In 1950, he pleaded guilty to transporting a stolen car across

state lines and was put on probation (Tr.14).

Nine years l a t er , Eder was convicted of possession

of mar ijuana, and was sent first to the United States Public

Health Service Hospital in Lexington, Kentucky, and later to

the U. S. Penitentiary in Atlanta , Georgia (T r . 20 , 21). Eder

was convicted in 1964 of possession of marijuana and possess i on

of stolen property and was sentenced to 4 years in Fo lsom

.
Prison, California (Tr . 18 , 21). Despite these jail sentences,

he again was convicted of possession of marijuana in 1968 or

1969 and was sent to the California Rehabilitation Center in

Corona, Ca l ifornia (Tr.210 , 21) .

-17- .
 Two years later, Eder was again convicted of posses-
sion of marijuana as well as the crime of possession of a

fire bomb in connection with the burning of the Bank of America

in Isla Vista, Santa Barbara, California (Tr. 16, 19). As a

result of that conviction he served time in a number of

California prisons, including San Quentin, Folsom and Soledad

(Tr. 21). While serving that sentence he escaped, leaving a

note saying that he would be back 5 months later. He was

subsequently convicted of escape (Tr. 18). He was released

from prison in December 1974 , after he had agreed to provide

the United States government with certain information (Tr. 30).

In 1977 , Eder was convicted of possession of 5 ,30 0 pounds of

marijuana and received a three - year sentence (Tr. 19, 22) . He

is currently appealing that conviction (Tr . 21) .

Marijuana is not the only drug Eder has used; he was

a heroin addict for 11 years (Tr. 21). Over the objection

of his attorney, he freely admitted that he has broken all the

marijuana laws (Tr. 23). Chic Eder has been in prison for

approximately 1 8 of his 48 year s (Tr. 22).

He disdains the community's mores and freely expresses

his contempt for its laws . He cannot , as a matter of law, be

held to have a protectable reputation among law-abiding people,

and any damage to his reputation among the community of "outlaws "

is not actionable in this Court . In Cardillo v. Doubleday &

Co., ~nc . , 518 F.2d 638 (2d Cir . 1975), the plaintiff was

-18-
serving a sentence in prison for assorted felonies . He had

previously been convicted for, · 'inter alia, receiving stolen

property . Although he admitted the conunission of certain

crimes, he denied committing other crimes set forth in a book

cal led My Life Jn the· Ma:f ia·, published by defendant publisher .

The court affirmed the granting of summary judgment specif i -

cally on the following basis :

" For we consider as a matter

of law that appellant is, for
purposes of this case , libel-
proof, i . e ., so unlikely by
virtue of his life as a habitual
criminal to be able to recover
anything other than nominal
damages as to warrant dismissal
of the case, involving as it
does First Amendment considera-
tions . See Urbano v. Sondern,
41 F.R.D.355, 357 (D . Conn.) aff'd,
370 F.2d 13 (2d Cir. 1966) , cert .
denied , 386 u.S.1034 , 87 s . ct.
1485 , 18 L.Ed . 2d 596 (1967);
Matthe·i s v. Ho'yt , 13 6 F. Supp .
119 , 124 (W.D . Mich . 1955) . "
518 F . 2d at 639-640.

Cardillo , as the Court of Appeals subsequently emphasized [See

Buckley v . Littell , 539 F.2d 882 , 888 - 889 (2d Cir. 1 976) ,

cert. denied 429 U.S . 1 062 (1977)], is particularly applicable

to a "factual context " such as we have here , where the plaintiff

is a "habitual criminal."

The United States District Court for the District of

Columbia recently found another admitted drug user to be

incapable of establishing any actual damage (as requir ed by

Gertz v. Robert We·lch, · 'I nc . , 418 U. S. 3 23 [ 197 4] ) , and thus to

be libel- proof .

-19-
 "The plaintiff had a federal
narcotics violation conviction
in 1958, was charged with a federal
narcotics violation in 1966 and
committed under the Narcotics
Addicts Rehabilitation Act Program,
had an unlawful entry conviction in
1974, and is presently serving a
sentence of 2-8 years for a federal
firearms conviction. Furthermore,
the plaintiff attempted to become
a "hit man" for the Sting operation
and told the undercover officers that
he had committed a murder. Thus, it
is highly unlikely - that if the plain-
tiff was to somehow prevail on the
legal issues he would be able to
recover damages and therefore, he
will be found "libel-proof" as a
matter of law."
Logan v . Distr·ict of Columbia,
447 F.Supp. 1328, 1332 (D.D.C.
1 978).

In 1976, the noted assassin James Earl Ray sued

Time, Inc. and others for libel concerning a magazine article

reporting on Ray's criminal past. The court found Ray , like

Cardillo, to be "a convicted habitual criminal and is so

unlikely to be able to recover damages to his reputation 11

that he was libel-proof. Ray v. Time, Inc., 452 F.Supp . 618,

620 (W.D.Tenn. 1976), affirmed 582 F.2d 1280 (6th Cir. 1978).

Like Ray, Eder has no favorable reputation to protect; he is

indeed libel-proof and the libel claims must be dismissed.

-20-
 POINT IV

THE FIFTH CAUSE OF

ACTION CANNOT SET
FORTH A SEPARATE
AND DISTINCT CAUSE
FOR PUNITIVE' DAMAGES

Plaintiff ' s fifth cause of action, a claim for

punitive damages, does not set forth a separate and distinct

cause apart from the underlying claim . Ferrucci v . State ,

42 A.D . 2d 359, 349 N. Y. S . 2d 236 (3rd Dept. 1973), aff ' d .

34 N. Y. 2d 881 , 359 N. Y.S. 2d 279 (1974); Cornell v . State,

46 A. D.2d 702 , 360 N.Y . S . 2d 285 (3rd Dept . 1974).

" As to those porti ons of the

claim seeking punitive damages ,
we need go no further than to
recite that claims for such dam-
ages are not separate causes of
action but , rather , constitute
an element of single total claims
for damages for underlying causes
of action (Knibbs v . Wagner, 14
A. D.2d 987 , 222 N. Y. S . 2d 469;
Gill v . Montgomer y Ward & Co .,
284 App . Div. 36 , 41, 129 N. Y.S .
2d 299 , 295) ." Ferrucci v . State ,
supra , 42 A. D.2d at 362 ; 349 N. Y. S.
2d at 239 .

Accord ingly, the fifth cause of action mu st be dismissed .

- 21-
 CONCLUSION

The motion of all defendants should be granted

and the Complaint dismissed.

Dated: May 8, 1979

Respectfully submitted,

DAVID MICHAELS , ESQ .

Attorney for Defendant
Alan J . Weberman
342 Madison Avenue
New York, New York 10017
(212) 867 - 1170

SQUADRON, ELLENOFF , PLESENT

& LEHRER
Attorneys for all other
Defendants
551 Fifth Avenue
New York , New York 10017
(212) 661- 6500

Of Counse l:
Neal M. Goldman
Slade R. Metca l f

- 22-
l
II

!I SUPREME COURT OF THE STATE OF NEW YORK

.I• COUNTY OF NEW YORK

'
- - - - - - - x
ICHIC EDER ,
ii Plaintiff, AFFTDAVIT
II
-against- Index No . 02206/79
II
11 ALAN J. WEBERMAN, a/k/a A. J . WEBERMAN ,
WILLIAM J . RYAN , MARIANNE PARTRIDGE ,
RUPERT MURDOCH and THE VILLAGE VOICE , INC .,

Defendants .

I' -
I
- - - - - - - - - - - - - - - - - - - x
I

l STATE OF NEW YORK )

) SS . :
1:
ji COUNTY OF NEW YORK)

1i DAVID MICHAELS , being duly sworn , deposes and says :

I! 1. I am an attorney duly admitted to practice in the
i
': courts of the State of New York and represent Alan J. Weberman,

III one of the defendants in the above- captioned matter . I submit

this affidavit in support of a motion by all defendants for

summary judgment dismissing the Complaint .

2. Contrary to plaintiff ' s favorable vision of himself

set forth in his Comp l aint, plaintiff ' s testimony at his exarni -

nation before trial shows the real Chic Eder , a harde n ed criminal
I
!l who has spent a lmost half his life behind bars , who has multiple

felony convictions , admits that he has been arrested more times

than h e can remember , and , hence, defendant contends, is libe l-proof.

IA copy of the tr a nscript of plaintiff ' s examination is annexed

li h ereto as Exhibit A , and a copy of the Complaint accompanies this

motio n .
...

I'
II

ii
1] .
3. Plaintiff conceded, in his examination testimony,
ol
the facts as stated above , but contended that his primary concern

i in this matter was that his reputation as an "honest outlaw" was

ll defamed by the allegation that he had testified before a Grand

!: Jury. Defendant contends, however, that such allegation is , as

II
a matter of law, not defamatory and that plaintiff's reputation
I!
as a criminal and in criminal circles is not protectable in law

II or equity .
4. In his Complaint, plaintiff charges that it was
Ii
!l false and defamatory to characterize him as a "high-level ' DEA

·I informant." But Mr. Eder conceded at his examination that he

lj gave information to the DEA, and his own former attorney publicly

!j stated that his client was a DEA informant . A copy of an item

I; from High Times· magazine confirming this information is annexed

Ii hereto as Exhibit B, and, in all regards, the arguments here

l' supporting summary judgment are fully set forth in the accompany-
! ing memorandum of law which , it is submitted, demonstrates the
utter lack of merit and complete frivolity of this action in the

absence of special damages.

WHEREFORE, it is respectfully prayed that the Motion

1! for Summary Judgment be granted in all respects and the Complaint

dismissed.

DAVID MICHAELS
Sworn to before me this
8th day of May, 1979.

SJ J>..
Notary Public -2-
DAVIDS . MICHAELS
ATTORN E Y AT LAW

12 12) BB7- 11 70 S42~f4mvd~

~ ~.h,fl~ / (/(///

May 14, 1979

Mr . A. J. Weberman
6 Bleecker Street
New York, New York

Dear A. J.

I enclose our memorandum for summary

judgment, along with my affidavit. It is my view that we
can feel reasonably confident about the ultimate outcome
o f this action.

DSM :gs

Enc .
DAVID S . MICHAELS
342 M A D IS O N AV EN U E

NEW YO R K , N . Y. 1001 7

April 27, 1979

Rosenstein & Kahn, Esqs.
225 Broadway
New York 1 New York 10007
Attn: Marc Kahn, Esg.
Re: Cuic Eder v. A. J. Weberman
Dear Mr. !Cahn:
I am sorry to have to inform you that the
pressure of urgent matters makes it impossible for me
to appear on Monday at the scheduled continuation of
Mr. Weberman's deposition. Please be so kind as to call
my office to arrange an alternate date.

Ve ~ours.

11/QI~
DSM:gs DAVID S. MICHAELS

cc.:
Slade Metcalf, Esq.
Squadron, Ellenoff, Plesent & Lehrer, Esqs.
551 Fifth Avenue
New York, New York
Mr. A. J. Weberman
6 Bleecker Street
New York, New York
P. s. In order to avoid any inconvenience .as you must
already know, I am informing you of the contacts of
this l~tter by telephone, today, April 27, 1979.
DAVID S . MICHAELS
ATTORNEY A T LAW

12121 887 - 1170 S//,2 ~<»V~

~ ~~ JV?f/-/tJtJ-/7

July 20 , 1979

Mr . A. J . Weberman
6 Bleecker Street
New York, New York

Re : Reply Motion Papers Received

From Kahn

These are the originals which I am sending t o s ave

photocopying costs. Please pay your attorne t he s ma l l amoun t
overdue.

p'-~s ,:;Ir
DSM:
 RosENSTEXN & KAHN
COUNSELORS AT !..AV/

2 2 S 6 ROADV/AY
_B,\..RNEY TiosENSTEIN
NEVI YORK, N.Y. !0007
}{ARC J<AH:s'
(212) 374-1438

July 13, 1979

Hon. Hortense Gabel

Supreme Court
New York County
60 Centre Street
New York, NY 10013

Re: Eder v. 1·7eberman, et al.

Index No. 4265/79
Motion for surrm1ary judgment - Special Term Part I June 29, 1979

Dear Judge Gabel:

We are attorneys for Chic Eder the plaintiff in the above captioned
action. On June 29, 1979 defendar;its moved in Special Term Part I
for.sur:unary judgment. The moving papers, answering papers, and reply
papers have previously been submitted to the Court.

Subsequent to the return date, two cases have come to our attention which
we respectfully enclose for consideration by the Court. In the first,
Rinaldi v. Viking Penguin Inc., New York Law Journal, June 29, 1979,
page 6 column 1, Judge Kassal declined to grant summary judgment to
the moving defendants in a libel suit. The Court, noted the constitu-
··· tional burden placed on a public official, or public figure who seeks
to maintain an action for defamation. The Court congJ,uded, accordingly,
" ... as has recently been recognized by the Supreme Court;-this buroen
requires the public offici~l be given an opportunity to obtain the
evidence necessary to establish his claim.", citing Herbert v. °La.ndo,
-U.S. - 99 S.Ct. 1635. Judge Kassal essentially held that the plain-
tiff could not be foreclosed by summary judgment from having an oppor-
tunity to discover facts necessary to prove his.case. In the posture
of our cas·e, where two judges have previously denied motions for accel-
erated judgment, and directed that plaintiff have an opportunity to
conduct discovery, we think the same reasoning should apply. A copy of
the Lando case is also enclosed for your Honor's co·nsideration.
July 13, 1979
Hon. Hortense Gabel Page 2

The second case we wish to call to your Honor ' s attention is the case of
Walston v . Readers Digest Association Inc ., No. 78-5414 , 47 U.S . Law
Week 4840 ( June 26 , 1979 ) . In that case , reversing the defendants '
motion for summary judgment , the Court redefined in part the criteri a
for " public figure " classificati on , and exp l icitly re j ected the c l a im
that those convicted of a crime where ent itled to less protection u n der
the law of libel .

"( Our reasoning) leads us to reject

the further contention of respondents
that any person who engages in criminal
conduct a u tomatically becomes a pub l ic
figure for purposes ·o f comment .... to
hold otherwise woul d create an ' open
season ' for all who sought to defame
persons convicted of a crime ."

While Wolston is not identically in point with our case, the anal~gy
is relevant in view of defendants ' consisten t harping on p l aint iff's
criminal past . J u st as t h e mere fact of a cri minal record shoul d
not prec l u de p l a i ntiff who may be a " pub l ic figure " from having a n
opportunity to get to Court , so the fact of plaintiff ' s prior crimi nal
record should not preclude h is opportunity for discovery of facts
material to his case .

These various decisions are respe ctful l y submitted for your Honor ' s con-
· sideration .

M.K : ss
Encls~
cc: Slade Metcalf , Esq.
David Michae l s , Esq .
 •

STATEMENT

By Dean Latimer

.,,I 9 May 1979

Generally I make a policy o f never speaking t o def enda nts in drug cases, simply

because they're liable t o tell me~ thing s which, if I were t o• publish them in

High Times, might turn out to hurt th em in court. lat e r. Instead I commonly first

read all the press rep orts pertaining to the case in hand--and in special cases,

send away for th e indictme nts--ind then ge t the r ea l d e tails from the lawyers

involved. In the case of these "Black Tuna" people, though, things have worked

out differently .

Th~s is a federal cas e involving 14 d efendants charged with cnnspiracy to

conduct a "continuing criminal activity" from 1976 t o 1979; supposedly over that

time they moved some million pounds of grass from Col ombia to the US. The main

statute under which they're being prosecuted is the i.acketeering Influenced and

Corrupt Organizations act of 1969, under which--as I understand it--anyone impli-

cated in a "co ntinuing criminal activity" can be charged with all overt acts

committed in the course o f the conspiracy, including those which he or she wasn 't

necessarily involved in or aware of. The law als o provides for the freezing of

all defendants' assets a md property, '°mm up on the prosecutor's request, pending

the outcome of the case; and this has been done with the three top defendants here,

Bob Platshorn, Bob . Meinster and Ehip Elli o tt. ·c onsequently, they seem

to be having considerable difficulty getting the front money togeth e r to f etain

the sort of well-c onnectQd, top-dollar sort of South Florida lawyer they'll need.

Now the mmem indictment, over a hundred pages long, is an o bvi ous tissue 0f

misrepresentations and ou tright purgerya; the main prosecution figures (called here
 ·. . . ,.
statement 2
i
I

I
I
I "non-indicted co-conspirators") are two Nol!th Caro lina cabin-cruiser-smugglers
I
A' t u rned snitches, named Wad e Bailey and George Purvis Jr. The main part of the

indictment, when the "overt acts"mstart coming thick and fast and in great detail,

commences after an alleged 1977 "mo ther ship" move off Cape Hatteras, in which

Bailey and Purvis transported a batch of d ope from a ship called the Don Elias

into North Carolina. Eailey, a mffi paid Customs snitch , blew the operation as soon
as it was completed; Purvis got away somehow, but was named in a No rth Carolina

indictment on the cas e .

So Purvis winds up back in Florida, working with these Blakk Tuna people

in a series of dope moves all around the South, none of which succeed. At what

point Purvis turned over is s till uncl ea r to me (indications are that h e was

r ea lly a s nitch all along, as will shortly emerge), but after thi s point all th e

"overt acts" li s ted in the indictment invo lve• t\eD either Purvis or his old lady.

For example, mit s eems that every defendant who go t alone -with Purvis "ufged

the m!llll1 murder of governme nt a gent Wade Bailey", s 0 that they're all charged with

conspiracy to commit h omocide, t oo. (Bailey i n his sni~ch career has d i med on

virtually el'IUBa~amm everybody he gr ew up with in Wilmington and Faye tteville;

if e v e rybod y who ' s ever sa id " Le t' s go kill Wad e Bailey" we re prosecuted for it,

the list of defendants all.one would l ook like the Manhattan phon e b ook . )

So that ' s the indictme nt. It' s ilis such an obvious crock of shit--and those

RICO laws are s o h orrifyingly fa sc ist--that I immediately took a deep interest in

th e case, and put all the news clip s about it in a s pecial file. Then ab out

two weeks aft e a the bust (it came down on 10 May), it came out &hat the " ethics"

s h oo- flies in the Justice De partment we r e investigating unspec ified "improprieties"

mm committed by unna med undercover a gents (i.e., Bailey and/Or Purvis) involved

in the Black Tuna case.

Wel l, the specia l Fede ral prosecutor mor the case- -wh ose name happens to
 . ·\
. '

-;· ,,.
statement '4 ./

be Dana Biehl--wouldn't even take my calls, so I called Platshorn-Meinster ' s

I
I
attorney, Neal Sennett, in Miami. Sennett didn't tell me zilch about the shoo-

fly Justice investigation, but he did carry on at length about the curious circum-

stances of the "'

b~st itself. Of course these @mms guys had kn own they were being

infiltrated and set up for months beforehand, so they enlisted Sennett to go to

the DEA and arrange a safe, mmmm no-hassle surrender number. A DEA guy said

fine, and gave them a date to show up at the office. But at 7 AM on the appointed

day, DEA goons swarmed over th e wall of Platshorn's hasienda in Miami, stuck a

shotgun in his wife's face, pinned his head to the bed with .38s, and dra gged

them both off in cuffs t o jaH. All thi s "intre pid police action" got pr operty

furid press coverage, since it happ e ned to all the other people.

At court later that day, Sennett ran into the DEA guy with whom he'd been

nego tiating, and asked for an explanation . This ~mm guy , visibly ashamed and

pissed off , m apologized and said the orders for the ga ngbusters-style sunrise

raids had come straight out of Grimfin Bell's mm office in Washin gton. Sennett,

h oweve r, emphasized that he's not defending these Black Tuna guys; l:nmm~ he ' s

representing them in the shoo -fly investigati on, when they 're called to Washington

to testify about Bailey and/Or Purvis.

Now as it ltlmmm turn ed out, while I was talking t o Sennett, Robert Platshorn

was there in his office. So the next day Platshorn calls me hims e lf, at High

Times, and fills me in on at l eas t one part of the shoo -fly investigation. (We

exchanged assurances that both our phones were mos t likely tapped, and rapped
...

statement

under that understanding.) It seems, according t o Platshorn, that Wade Bailey

himself, toward the~clos e of his active snitch career, was und~r investigation

by a rep orter from the Fayetteville Observe r. This guy, his name's Tate, go t

buddy-buddy and "did things" (dope, I assume) with Bailey, knowing he was a DEA/

Customs snitch, and actually wore a wire for 51 hours~ of conversation. Platshorn

told me (and Tate su8se~uently confirmed it), that on tho s e tapes' is proof that

mk Bailey laid $50,000 in illegally-obtained dope ,,.. , money onto the federal prosecutor
Go-<"~~~<: 11:,.t(.c5 ~ ...-- ..
for the Northern Distri c t of North Car o lin a,t~lus l ots of coke; and that Ande rs o n

msed the bread to buy a house for his mistress (he's married) . Like a good citizen,

Tate turned these tapes over to the Justice Department months mm ago--and no thing

at all happened until just last week.

Y's ee , Platshorn told me, Anderson got his job through the influence of

North Carol i na senato r Charlie Rose --who also happens to be the attorney, and has

been f or quite s ome time, of George Purvis, the other snitch in this case . Sen.

Rose is in real ti ght with this Anders on prosecutor (alleged bri bee and mmam

c ocaine abuser, if not trafficker), and is actually plumping to get Anderson

appointed fo a Federal ju~ geship . And all this really nasty shit broke in the

North Carolina and Miami papers--the morning after Platshorn told me about 't.

Towatd the end of our rap, we go t t o chatting ab out this and that, and

Platshorn mentioned that a year or so back, "a guy fromiil High Times" had been

moo ching around their circle down there--Chick Ed e r. When I informed him that

Eder was sort of the Manhattan equivalent of Wade Bailey, ~mm~ Platshorn actual ly

seemed startled. He'd evidently thought Emifun Eder~ For cade 's right-hand man

or something. It might jus t be that Ede r's still operating d own there; if s o ,

I'd tieel jus t a litt le guilty if that part of our phone ra p put him in the

'Glades for good.

-

statement i?
Since we were on the topic of High Times people, Platshorn at this pQint

asked how it was we had a "Dana Beale" on the masthead, while it's a "Dana Biehl"

who's prosecuting him. So I mentioned th at Dana's on the lam p r esently from a

lash bust in ~mm Omaha, which is why--say s I here--it's about 100 percent positive

our phone's tapped thi s week. Certainly there's been enough cop types skulkin g

around here and down at the Yip house, ge tting more and more obvious as time goes

on , and Dana stays out in the cold. We both a g r eed this was pretty amusing,

and then Platshorn tossed out the idea of getting an ad in High Times for Black

Tuna tee -shirts, medallions, bumper stickers and ot her cute stuff . I thought

this an excellent idea--their money is fr ozen--and promised to do everything I

could to get them some free space.

Of course there wasn't a hell of a l ot I c ould do. Wh e n I tossed out th e

idea to She lly next day, she said she was leery of giving ad space t o indicted

dope smugglers (she was really pr obably more leery of having to owe any unnecessary

favors to the ad department,), and said she'd have to take it up with Stan Place .

Fortunately, this prospect was ammmE averted about ten minutes later, when Platshorn

called up and asked how much it'd cost to buy a page. I found out, told him ,

and he said he'd be mailing in an ad, with a check, on Monday. Lovely.

Then Platshorn goes on, in a ~ush, to advise me of two murders allegedly

committed by George Purvis in the Bahamas, in the presen~e o f DEA agents. It

seems the DEA got · wind of a dope ship that had been sequestered dllfi by cops somewhere

in the Bahamas, and was sort of up for auction to the highest bidd er . This

is business as usual in the Bahamas , it seems . So Einm some intellectual in the

DEA evidently got the bright idea of having George Purvis buy the boat, represen-

ting himself as a smuggler, !n order to re-sell it to Raul Davila Jimeno, the

Colombian biggie who's a c o -defendant in the Black Tuna indictment for being
 ... . ...

. - ;-
statement i b
their Colombian c onnection ("Black Tuna" itself is Davila's knickname, they.s9y).

The idea '1J}la.was, says Platshorn, to lure Davila out of Colombia t o Aruba or
I Purvis
- the CaJimans or somewhere, wher e they could bust him. So ~ammm~ and a c ouple

DEA agents arrive in the Bahamas, get a super-swank ho tel suite, flash dope and

money all over the place, and get everything arranged with the proper authorities.
..... .
.f'u(" r.i t.$
:But smnuatliruiim somebody, it seems, has screwed up the signals. For when 'Birj4"8'7 and
1: I

the DEA stoog es motorboat out t o the ship where it ' s moored in s ome harb or, there

turns out t o be two ~ahulml!lmm Bahamaian constables ab oard who are n't going t o give

up the shi1:1J . "So he blew the m away," cha rges Platshorn over ou.r tapp ed lin e .

"George Purvis Junior blew away the se two Bahamaian cops."

The point of this Disclosure , said Platshorn, i s that he ' s h ea rd the r e are
Purvis
indictments pend i ng ri ght now in the Bahamas against 1Biiiedlli11h1oom.-and his fe ll ow a g ents

for homocid e , and they may come down very soon. Evid ently the US government

managed t o persuade the Bahamas authoriti es t o keep a lid on this atroci ty f or

a year or so, but once all thi s Black Tuna business started unravelling, with

the Bailey-Anderson inves tiga tion in North Carolina, and God knows wh o <liming on

whom t r> which law- enforcement agencies, this littl e caper is due to blow, t oo .

Maybe all it needs is some press he r e in the States, and the Bahamaians will be
-t:
clamoring for the extradition of Purvis and whoever he was wi~h. And if Purvis

goes up on a capital offense, well--God knows what other hideous shit h e ' s been

into with the DEA that he could sing about.

By this point in the conversation, if I'd had an ulcer it would have per forate•

right throug h my belt-buckle. "If I go a:lown," s a ys -Platshorn, " I 'm taking a whole

l ot of s ons o f bitches with me ." Fine, fine, but do .!. have t o b e included in the

lot? If th e DEA's eav es dropp ing on my phone t o pick UF news about Dana (~th ey 'r e
 . ..

•. ... ~ '

sta tement,,

stupid enough), then they now know that! know about this butchery in the Bahamas.

Alleged butchery . If they can dust two Bahamaian cops, will they draw the line

at a dope reporter?

On Monday, I will be giving a copy of this Statement to Platshorn's attorney

here in New York, whose name escapes me right now (I got all the notes stashed

somewhere even l can't get to until Monday). There ' ll be another copy stashed
with a friend. And now I'm going to go try to get this read, witnessed, and

no tarized by an attorney. If Platshorn's lawyer here says it ' s coo l to divulge

any or all of this to the press, it goes to vvery paper and TV station in town.

f Associate Editor

High Times Maga z ine

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 SQU ADRON , ELLENOFF, PLESENT & LEH RER
551 FIFTH AVENUE

NEW YORK, N. Y. 100 11

HOWARD M . SQUADRON COUNSE L

TH EODOR£ ELLENOFr D/\V I D MILLER
STANLEY PLE S ENT August 9 , 1979 HER MAN E. COOPER
S TAN L EY I . LEHRER
ALLEN A. STCIN
CAB t.E
ARTHUR M . SISKIND
ESGECLA\.Y
H OWARD B . SOHN
HAr~VEY H OROW I TZ
NEAL M. GOLDMAN T C U . PHONE
I RA LEC SORKIN ' 12 121 es ; - E;so o

ARTHUR D . S T OU1 Tl! T C L CCOPI ER

SLAD E R. M ETC/\LF l?.121 &97 · Cu86
..JONATHAN L. &ULOS
.JUDI T H R . COH EN
STUA RT A . Of F'NE'.H
ALISON AN lHO .l~C
STUART M . ST~IN •

• ALSO A M £ M DCR OF" F"L O Al :::>A £1AR

David Michaels , Esq.

342 Madison A~enue
New York, New York 10017

RE : Chic Eder v. Alan J . Wcbe rman, ct al .

Oear David :

I am quite di spleased with the att itud e of Justice Gabe l

towards our motion for Sununary Judgment . If you h a ven't
already seen it, 1 enclose a copy of the Judge ' s order and
memorandum decision. We are pJ anning on an inunedjate appea l
of this o rder and ask if Mr. W~bcrman would like to j oir. in
that appeal .

..L would appreciate - i t if you would let me J~no·11 of M.r .

Weberman's decision by next Monday since I plan on serving
the Notice of Appeal on that day .

Sincere'ly,
/, /
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/I.., ..,J"

SRM:rg /"'Slade R . .Me tc a l f

Encl .
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ChIC EDI::R , v.. .
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Plaintiff ,
·-·:.......:..· : . : ; ,
Inde-~( No .
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l\L Ai.J J . WEI:rnRt•tMJ , a/k/a A. J. WEBER.MAN ,

0220G/79
II
;n rJL I 7\.n J. r .v.A;..1 , Mi\R1AW·m PAT:.TRIDGE,
HUPE1{T MURDOCH and 'l'TlE VT.LTJAGI: ihHCt:: , lNC. , I
Defendants. I
I
------- ·-· -------------------------·---- - - -·--------X I
I
GAD°I~L, J .:
!
D cfe nd~nts ' motion , pursuant to
t
CPLTI 3212 , seeking

suram.:i~y j.udq:11ent. i -s -. d~·n iecL

II
I
. I

I This is an action for libel in which there have been

i
two recent decisions d eny ing applic~tions by some of the defe ndants
I ; I
for dismissn l o f the cornpi.:i.int pursuant to --
CPLR
.- 3211. .Both of \ ··1 .
-
t.b psc C:.cci~i.0D ?.. it1;lj._c<t_L;d_ti1at the CoJJrt (rraiman , J. a nd Shapiro',
l
.I
J_) fe lt thnt p lainti ff should have nn opportunity to complete '
I
(
f

discovary.
Although the basis for the relief in th 0 instant motion
-·I
is somewhn.t different. E;rom -that. of the two CI'I.R 3211 moti9ns , _
-I
. -·'"'- ·- . -
i t docs seem th e better practice to pernit plain':iff to complete ..I
I

discovc ry so that he !TlD.y be j n a posi tioi1 to oppose a s ummary

j udgr.1 ent motion_ Thi s is a ll the more so i n a libel action

wh e re much of the info rmatio n n ecessary for opposition to a

motio n such as this , is within the knowledge of the various

I
defendant s and not availab l e to plain tiff prior to the completio~
. : \

:
~-·~------------·-----·- ·-·--·- -·- --~---- ----------~--~- -~---- ---· -------. I l

of discovery .

The mak ing of this motion and the CPLR 3211 ~otions

a utomat i cally stnyed all di s closure (CPLR 3214 ).

Plaintiff , who has the burd e n of proof , should h ave

an o pportunity to establi s h his case . At this . stage of thci pro-

c eedings a sulll.r.lary dismissal would n ot be appropriate . ,_ . I

The p a rl-ie s
1
arc directed to complete disc l osure expe ditiously.

D ~TE D: July 25 , 1979

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 UNITED ST ATES D EPA RTM ENT OF JUSTICE
D RUG ENFOR CEMENT ADMINISTRATION
Washington, D.C. 20537 ;v;M
.'? l 1<'/J'(}
Re: 79-626F

Mr . Alan J . Weberman
Independent Research Associates
6 Bleecker St reet
New York Ci ty , New York 10012

Dear Mr. Weberman:

----~~.,,...,,,.,..._ _ Your Freedom -0-.fi.-%nformation

Act ;;quest-;eekilig inf()rmatJ..o·n £rom-
the Drug Enforcement Administration (DEA) has beeo-proce.s sed .

A determination has been made to deny your request pursuant to the

following subsections of the ~reedom of Information Act which
exempt matters that would:

1. (b) (7) (C) Constitute an unwarranted invasion of personal

privacy. You have requested third party
information which is unrelated to yourself.
In the absence of a signed , notarized rel ease,
which by your admission you we re unable to
obtain, any material which the Drug Enforcement
Administration (DEA) might possess is exempt
from disclosure.

2. (b) (7) (B) Deprive a person o f a rig~t to an impartial

adjudication. The release of any material
concerning either party to an ongoing litigation
case might provide an unfair advantage to the other.

If you wish to appeal any denial of your req uest, you may do so within
. thirty (30) days pursuant to 28 CFR 16,.. ~. - The appaal shQu.J.o -be
directed to the Office of Privacy and Information Appeals , Department
of Justice, Washington, D. C. 20530 . Judicial review will thereafter be
available either in the District where you r eside or have a principal
place of busi ness , in the District where the records are maintained,
or in the District of Columbia.

Sincerely,

Peter B. Bensinger
Adminnrt:rator

~~-""A ft__~
~dE: Miller
Chief Counsel
SUPREME COURT OF THE STATE OF NE\'1 YOP.K

COUNTY OF NEW YORK

----------- --------- --- ----------------x
CHIC EDER,

Plaintiff,

-aga inst-

ALAN J. NEBERMAN a/k/a A. J.

WEBERM.l\N, WILLIAM J. RYAN ,
MARIANNE PARTRIDGE, RUPER.T
MURDOCH and THE VILLAGE VOICE,
INC.,

Defendants.

---------------- ---- --- --------- - - -----x

Deposition of plaintiff CHIC EDER , taken

by def e nd q nt ALAN J. WEI3ERl1AN , p ursu a nt to notice

dated Feb r uary 2, 1979, at the offices of David

S. Michae ls, Esq ., 342 Madison Avenue, New Yo rk,

N. Y. 10017, on February 16, 1 9 79, at 2:00 p .m.,

before Shary n L. Bamber, a Shorthand Reporter

and No far y Public of the State of New Yo rk.

BLITZ REPORTING CO.

C ERTI FI ED S H O RTH A,.., 0 REPO R TE RS

15 P A R K ROW. N .Y . 1 0038

PHONES: 349-3 1 08-9

 1 2

2 APPEARANCES:

3 Messrs. ROSENSTEIN & KAHN,

Attorneys for p laintiff ,
4 225 Broadway
New York, N . Y . 1000 7
5 BY: MAPC KAHN I ESQ . I
Of Counsel
6
DAVIDS . MICHAELS, ESQ.,
7 Attorney for defendant Alan J. Weberman,
342 Madison Ave nue
8 New York , N. Y. 1001 7

9 ALSO PRESENT:

A. J. WEBER.MAN
10

11
oOo
12

13
IT IS HEREBY STI PULATED AND AGREED , by and
14
between the attorneys for the r especti ve pa rti e s
15
hereto that a ll rights provided by the CP LR , in-
16
e l uding ~~e right to object to a ny ques tion, except
17
as to the f orm, or to move to strike any t es timony
18
at this deposition , are reserved , a nd, in addition,
19
t h e failure to object to a n y ques tion, or to move
20

• #
21

22
to strike te s timony at this deposition , shall not

be a ba r or waiver to make s uch mo tion at, and is

reserved for , the trial of this action.

23
IT IS FURTHER STIPULATED AND AGREED that
24
this deposition may be sworn to, by the witnes s
25

B LI TZ REPORTIN G CO.
15 PARK R OW, N.Y. 1 0038 PHONES: 3 4 9-3108 - 9
 1 3

2 being examined, before a Notary Public other than

3 the Notary Public before whom this deposition was

4 begun, but t,'1e failure to do so, or to return the

••• 5

6
original of this deposition to counsel, shall not

be deemed waiver of the rights provided by Rule

7 3116, CPLR, and shall be controlled thereby.

8 IT IS FURTHER STIPULATED AND AGREED that

9 the filing and certification of the original of

this deposition are waived.

10

11
oOo
12

13

MR. KAHN: Before we begin the deposition

14
of Mr. Eder, I would like the record to note it is
15
now 10 after 2 p .m., and that the attorneys for Mr.
16
William Ryan, Mr. Rupert Murdoch and The Village
17
Voice have not appeared this afternoon.
18
The record should also note they served
19

., 20

21

22
a notice to take deposition upon oral examination of

Mr. Eder, dated February 2, which I received Febru-

ary 5th, and that subsequently the attorneys for the

above-named defendants agreed they would be present

23
in Mr. Michaels' office this afternoon, on the 16th,
24
in order that both depositions could proceed at the
25

BLITZ REPORTING CO.

15 PARK ROV.1 , N.Y. 10038 PHONES: 349-3108-9
 1 4

2 same time and explicitly, so that Mr. Eder, who is

3 here from out of town, would not have to be unduly

4 inconvenienced.

• 5

6
The record should also note that this

morning at 10:30 I received a telephone call from

7 Mr. Slade Metcalf, who is counsel to the above-

8 named defendants who for the first time advised me

9 that because of the presence of office work in his

10 office he did not choose to attend this deposition.

11
I pointed out to Mr. Metcalf that my client had

12 flown into New York especially for this deposition,

13 from out of town and in fact from overseas, and that

14 this would work an extreme hardship on Mr. Eder. I

15 further pointed out that since this was Mr. Metcalf's

notice of deposition, I expected him to be here and

16
if he preferred not to attend the deposition, we
17
would assume he had waived his rights to depose Hr.
18
Eder and that we would seek additional relief as
19
necessary under the CPLR.
20

I served a letter to that effect on Mr.

21
Metcalf this morning, a copy of which I would like
22
to put into this record and I would also like to put
23
into the record a copy of my client's passport.
24
Just a notation for the record, my client'
25

BLITZ REPORTING CO.

15 PARK RO\'/, N.Y. 10038 PHONES: 349-3109-9
 1 5

2 passport

3 THE WITNl.:SS: Showed I arrived here

4 from out of the count ry last nir,ht at 7:20.

• 5

6
MR . KAHN : At JFK Airport.

Aeain, explicitly for the purpose

of attending this deposition.

7

8 Having said that, we are prepared to

9 go forth with Mr . Ede~ ' s deposit i on n ot i ced by l'~r .

10 Michaels, on behalf of hi s c lie nt, A. J . Weberman .

C H I C E D E R, plaintiff, called as a witn es s

11

12 by the defendant Alan J. Weberman, be ing first

13 duly swo rn by the Notary Public ( Sharyn L . Bamber ),

14 testified as follows:

15
EXAMINATION BY MR . MICHAELS:

Q Would you s tate your full l egal name , please?

16
A My l egal name, as far as the courts , Chic
17
Ede r .
18
Q What is the name appeari ng o n y o ur bi rth
19
certifi ca te?
20
MR . KAHN : Off the record .
21
(Di s cussion off the r ec ord.)
22
MR. KAHN: I am goine to objec t
23
because it is irrelevant for any purpose tha t
24
pertains to this examinat ion.
25

BLITZ REPORTING C O.
15 PARK R O W. N.Y. 10038 PH O NES: 349-3 1 08- 9
 1 Eder

2 MR. MICHAELS: Asking his name?

THE WITNESS: You are asking the name

3

4
that appears on my birth certificate? I refuse to

• 5

6
answer that question.

MR. KAHN:

directing him to answer that, you can.

If you want to seek an order

7
8 BY MR. MICHAELS:

9 Q What is your legal name?

A Chic Eder.
10
Q Have you ever used any other name?
11
A I have used numerous other names.
12
Q What names?
13
A I prefer not to answer that question.
14
MR. KAHN: Again, I object to that as
15
not being relevant to the instant proceeding. I
16
direct him not to answer that question.
17
A I would like to state for the· ·record that I am
18
known only by that name at this point in time.
19
Q I-Ia\re you ever been kno\vn to any government
20
agencies under any other names?
21
A Possibly.
22
Q What names?
23
A It's irrelevant to this case and I refuse to
24
answer it.
25

BLITZ REPORTING CO .
. 1·5 PARK RO\'J, N.Y. 10038 PHONES: 349-3108-9
 1
Eder 7

2
MR. MICHAELS: Off the record.

(Discussion off the record.)

3
MR. MICHAELS: On the record.
4

• 5

7
Q Do you concede you have, in. the course of your

life, used various other names, other than the one you are

now telling us is your name?

8 A I do, but I 'vant to add to that that I have

never appeared before any cotirt, body or governmental

9
agency in this decade, the seventies, by any other name.
10
Q Did you ever appear before a court, body or
11
governmental agency at any time under another name?
12
A Not in this decade.
13
Yes, in the sixties or prior, I have.
14

Q How many times?

15
A I have been in court? I never appeared before
16
a grand jury at any time anywhere to testify before a grand
17
jury.
18
Q The question, if you recall, is whether you
19
at any time, whether prior to the seventies or durincr the
20

• 21

22
seventies, appeared before any court, grand jury, or any

governmental agency under any other name?

MR. RAHN: I instruct him not to answer

23
that.
24
A I don't remember. I am stating categorically
25

BLITZ REPORTING CO.

0036 PHONES= 3<19-3\0B-9
 1
Eder· 8

2 that I have not appeared in this decade, the seventies,

3 before any one under any other name except Eder.

I will make one concession here that I used

4
\
•· 5

6
the name Philip.

Q Is that your name?

Yes, that is my name.

7 A

8 Q Is it the name that you were born with?

A No, it is not the name I was born with.

9

Q Again, what is the name you were horn with?

10
MP.. KAHN: Here again, I am going to
11
object to that as being irrelevant to the proceeding.
12
Q Where and when were you born?
13
A In New York City in 1931.
14
Q On what date?
15
A I don't think I want to give him that informa-
16
tion.
17
MR. KAHN: Again, I object to the
18
relevancy as to the specific date of his birth. It
19
has nothing to do with any of the issues raised in
20
the compaint or any conceivable defense to the issues
21
raised in the complaint.
22
Q Mr. Eder, isn't i t true you have provided in-
23
formation to different government agencies under different
24
names?
25

BLITZ REPORTING CO.

15 PARK ROW, N.Y. l 0038 PHONES: 349·3\0B-9
 1

2 HR. KAHN:
Eder

I object to the question.

8
HP.. MI CHAE LS : It is certainly relevant.
3

MR. KAHN: It is too broadly based for --

4

• 5

6
Q Have you ever given information to a government

agency under any other names other than Chic Eder?

MR. KAHN: It presumes a conclusion.

7

MR. HICHAELS: I am asking whether in

8

fact, I am not concluding that. I am asking whether

9

it occurred, whether you have given information to

10
government agencies under any other name?
11
A Not in the seventies.
12
Q Prior to that?
13

A Possibly. I have been arrested on numerous ]

occasions and in court on numerous occasions. If that be-
15
ing the case, then I have testified in my own cases and I
16
have given information to the government and it may have
17
been under another name.
18
Look, what I am trying to get across to you,
19
Nr. Michaels, is simply the most you could hope to go back
20

• 21

22

23
on this is ten years with me because beyond ten years, I

am not going to tell you anything, unless the court orders

me to tell you that. So now, we know exactly what we are

dealing with here.

24
MR. MICHAELS: Off the record.
25

BLITZ REPORTING CO.

15- PARK ROW, N.Y. 10038 PHONES: 349·3106-9
 1 Eder 10

2 (Discussion off the record.)

3
MP.. MICHAELS: Back on the record.

4 Q During the 1970's, have you ever given in-

• 5

6
formation to any governmental law enforcement agency or

prosecutorial agencies under the name of Philip Eder or

7 chic Eder?

8 MR. KAHN: I ask you to clarify that.

9 Do you mean during the time of a trial in which he

10
was a witness in a trial?

MR. MICHAELS: No. I mean during the

11
course of investigation, indictment proceeding,
12

trial or any matter related to any law enforcement

13

14 agency.

MR. KAHN: I find the question objection...:

15
able because of the breadth and lack of specificity.
16
If you specify a specific instance or agency, I will
17
not object to his answering.
18
Q Did you ever give information under the name
19
of Philip Eder or Chic Eder or any other name to any agency
20

• 21

22
or representative of the Drug Enforcement Administration or

predecessor agencies?

A Yes, I have. Yes, I have but i t never had

23
anything to do with any individuals; it only had to do with-
24
MR. KAHN: Off the record.
25

BLITZ REPORTING CO.

lS PARK ROY/, N.Y. 10038 PHONES: 349-3108-9
 Eder 11
1

2 (Discussion off the record.)

MR. KAHN: Back on the record.

3

4 A It only has to do with technological -- dis-

·• 5

6
cussion of technological operations of their computer

system.

Q Let me go back a little bit and ask you a

7

8 little more by way of background.

9 Where were you educated?

A Folsom Prison, California. I graduated as

10
valedictorian of my class in 1966, I believe.
11
Q Did you have any education prior to that?
12

13 A Not to speak of.

Q Where did you grow up?

14
A New York.
15
Q Did you have any education subsequent to that?
16
A Yes.
17
Q Could you specify, piease?
18
A Ventura College, Stony Brook University.
19
Q You registered as a student at both institu-
20

• 21

22
tions you named?

A No.

but was not registered.

I was a student at Stony Brook University

I may have been, but I don't think

23
so. I wasn't registered formally, but I may show up on
24
the records.
25

BLITZ REPORTING CO.

15 PARK ROVI, N.Y. 10038 PHONES: 349-3108-9
 1 Eder 12

2 Q Hhat years were those?

3 A February, Harch and part of April of 1973 and

4 in part of the semester beginning in January of 1975. Both

• 5

6
Stony Brook University.

A
When were you first arrested?

Probably 1944 or 1945.

7

8 Q How old <-1ere you at the time?

9 A Thirteen years of age.

Q h'hat was the charge?

10

A Possession of marijuana.
11

12
Q What happened to the case?

13 A I went to reformatory.

Q For how long?

14
A I managed to stretch that out into years; I
15
don't know how many. Three, probably.
16
Q Which refor·matory?
17
A I won't answer that. ·I would rather not answer
18
that unless ordered to by a court.
19

/.
MR. KAHN: The name of the reformatory in
20
which he was incarcerated is irrelevant to any de-
21
fense and to the issues in this proceeding.
22
HR. MICHAELS: Off the record:
23
(Discussion off the record.)
24
MR. MICHAELS: Back on the record.
25

BLITZ REPORTING CO.

15 PARK ROW, f'J.Y, 10038 PHONES: 349-3\06-9
 1

2 Q
Eder

Mr. Eder, is it your position in this case

G
3 your reputation as a criminal has been defamed?

4 A No. As an outlaw.

• 5

7
Q

Q
What do you mean by that?

As someone who lives outside of the law.

As someone '"ho violates the law?

8 A Possibly as someone who violates the law.

9 Q What do you claim your reputation is as an

10 outlaw, as you call it?

11
A To quote Bob Dylan,,. "To live outside the law,

12 you must be honest." To put another person in a prison

13 cell in your place is dishonest, and my statement is I

14 have at no time put another person, by trading myself, into

15 a prison cell.

Q Your claim here is it is your reputation as

16
'
an honest outlaw which has been defamed?
17

18 A That is correct.

MR. KAHN: Off the record.

19
(Discussion off the record.)
20

• 21

22

23
A
MR. KAHN: Back on the record.

It has also hurt my business reputation in the

legitimate businesses which I am involved in at the present

time.
24
Q Is that your statement or have you been advised
25

BLITZ REPORTING CO.

15 PARK ROW, N.Y. 10038 PHONES: 349·3108-9
 1 Eel er 14

2 to state that by your attorney?

3 MR. KAHN: Off the record.

4 (Discussion off the record.}

• 5

7
A

Q
MR. KAHN:

It is my statement.
Back on the record.

Let's pursue the question of your history as

s an outlaw. When were you next arrested?

A Well, I can't honestly tell you that.

9
me think about it for a moment. I know I was arrested in
10
1950.
11
Q On what charge?
12
A Tire Act. Stolen car across the state line.
13
Q What happened to that case?
14
A Probation.
15
Q When were you next arrested?
16'
A Again, I don't --
17
Q Excuse me. Let me back up and withdraw that
18
question and ask instead, did you plead guilty to a felony
19
in the 1950 prosecution you just discussed?
20

• 21

22
A

A
That is correct.

When were you next arrested?

I might have been arrested -- You want to know

23
when was the next time I was convicted?
24
Q No, I am asking the next time you were arrested.
25

BLITZ REPORTING CO.

15 PARK ROW, N.Y. 10038 PHONES: 3"9-3108-9
 1 Eder

2 A I don't know.

3 Q How many times have you been arrested?

;. 4

6
A

rap sheet.

Q
I can't count them. I have a nine or ten-page

Can you estimate for us the approximate number

7 of arrests you have?

8 A No, because a lot of those notations on the

9 rap sheet deal with the felony conviction registration

10 which was legal at that time and you had to register as

having been convicted of a felony in places such as Las

11

12 Vegas and Miami Beach and you have to state you have been

13 arrested and every time you did this, a notation would

14 go on your rap sheet, so I can't answer that.

Q About how many times have you been arrested?

15
A Twenty.
16
Q About how many times have you been convicted
17
of any crime?
18
A Other than as a juvenile, at least six.
19
Q How many of those were felony convictions?
20

• 21

22
A

Q
.i
!~
All of them .

What crimes, to the best of your knowledge,

were you convicted of, aside from the Tire Act you told
23
us about?
24
A Possession of marijuana.
25

BLITZ REPORTING CO.

15 PARK RO . 49.
 1 Eder

2 Q How many times?

3 A At least three or four; probably more. I was

4 convicted of possession of marijuana in 19 -- I believe

5 1959. That was in Federal Court in Miami.

6 I was convicted of possession of marijuana,

7 State Court, in San Francisco, California, in I believe

8 1964, and I went to prison.

9 I was again arrested for possession of or con-

victed of possession of marijuana and possession of-~ No,

10
just possession of marijuana in 1968.
11
In '70 or '71 I was convicted of possession of
12

13 marijuana and possession of firearm, leading from the dis-

14 turbances in Isla Vista, California, 'which is in Santa

Barbara, California.
15
Q In fact, didn't that last incident you told us
16
about involve the burning of the Bank of America?
17
A It had to do with -- It had to do with the
18
incidents that took place around the burning of the Bank
19
of America.
20

• 21

22
Q

Bank of America.
Here you one of the individuals convicted?

No, I was never convicted for burning the

23
Q But rather for what?
24
A Possession of a firearm.
25

BLITZ REPORTING CO.

~ 15 PARK ROW, N.Y. 10038 PHONES: 349-3108-9
 1 Eder

2 Q As a felony?

3 A It's a felony. Up to five years in the State

4 of California.

5 Q Is that the entire record you have told us

6 about now?

7 A No, I have only gotten up to the early 197D's.

8 Q Please proceed.

9 A I am presently on appeal on a conviction of

10 possession of marijuana in the State of Florida.

Q As a felony?
11

12 A As a felony.

13 Q Is that the complete record? Have you now

14 told us of all of your arrests and convictions?

A I don't know if I have listed all of the

15
arrests, since I don't have my rap sheet here. I think i t
16
is sufficient for your purposes.
17
Q Have you told us about all of your convictions?
18
A Ny convictions?
19
Q Yes.
20

• 21

22
A Let me think about it a minute.

convicted of escape from prison.

Q When?
I have been

23
A December 8, 1974.
24
Q Where?
25

BLITZ REPORTING CO.

15 PARK ROW, N.Y. 10038 PHONES: 349-3\06-9
 1 Eder

2 A Pardon me, mistake. I escaped

3 1972 and left a note telling them what day ,I would be back,

4 and the day was May 8, 1972 and I returned on that date

5 and was subsequently tried for escape and convicted of

6 escape.

7 Q Have you now told us about all of the convic-

8 tions?

9 A Let me think about it for a minute.

10 I will reiterate: The original conviction,

11 which I believe the record was expunged, was possession

12
of marijuana, thirte.en or fourteen.

13 Next, Tire Act, which I don't think appears

14 on any record, in 1950. Then I was convicted -- Let me

make that completely clear~- I am not talking of arrests.

15
I am talking about those things I was convicted of -- con-
16
victed of marijuana in a federal court in Miami in 1959.
17
Next, possession of marijuana and possession
18
of stolen property, another charge, in 1964 in San Francisco
19
California.
20
Next, 1968, I was arrested in Ventura,
21
California and convicted of another marijuana possession.
22
There were other arrests involved around that
23
period; none of which resulted in conviction.
24
The next one was in '71 -- '70 or '71. To be
25

BLITZ REPORTING CO.

15. PARK ROW, N.Y. 10038 PHONES: 3"9-3106-9
 1 Erler

2 cl e a r o n that, for pos s es s ion of marijuana

3 of a fire bomb . That is what I was convicted of in

4 Isla Vista, California.

5 The next conviction was Miami , Florida, about

6 a year and a half ago , on a plea of guilty to possession

7 of marijuana.

8 And I have not been convicted of anything since

9 that case is on appeal.

10 Q ivha t prison did you escape from?

11
A California State.

12 Q Tell us, p l ease , approximate ly how much

13 marijuana was involved as to the conviction --

14 A Seven joints. Se ven marijuana cigare ttes.

15
Q Which case are you referring to?

A When I was a kid.

Q Next?
17
A In California -- The next one was Mi a mi. I
18
think I would be safe in saying it was less than a quarte r
19
of an o unce . I think it wa s some thing like eig ht or te n
20
g rams or something like that.
21
Q Go on.
22
A The next conviction wa s for a very -- again a
23
very small amount of marijuana ; certainly not any g rand
24
scale. I don't remember how much . It wasn't e noug h to
25

BLITZ REPORTING CO.

1 ~ PARK ROW. N .Y . 1 0036 PH O N E S' 349-3106-9
 1 Eder

2 really talk about it.

3 Q Under an ounce?

4 A I believe so, but I'm not sure on that one.

• 5

7
Q

A
Under a pound?

Here we are dealing

are dealing with a case in 1964 in San Francisco.

I believe so. Here we

8 In the 1968 case, I think there was a pound

9 involved in that, in the 1968 case.

10 In the case in Santa Barbara, which took place

in '70 or '71, we are talking about a joint or maybe two

11
joints. That was all that was involved in that one.
12

13 I believe the one in Miami was 5,300 pounds.

Q Any others?

A Any other convictions? None.

15
Q \Vhat l.'laS the stolen property?
16
A Some wigs.
17
Q You have told us you have done various time
18
in jail. Would you tell us, please, taking each conviction
19
that resulted in a jail sentence, tell me what the sentence
20

•
was?
21
A As a kid, I went to the reformatory. The
22
second conviction was probation. The third conviction,
23
which took place in 1959, resulted in my going to, first,
24
to the United States Public Health Service Hospital in
25

BLITZ REPORTING CO.

15 PARK ROW, N.Y. 10038 HONFS: 349-31 8-9
 ...... ----
1

2 Lexington, Ke ntucky a nd then to the United States Peni t e n-

LY
3 tiary in Atlanta, Georgia.

4 Q Would y ou g o on, please?

e 5 A 1964, the conviction in San Francisco,

6 California resulted in, 1964 to 1 968 , I was in Folsom

7 Prison, Ca lifo r nia's maximum custody p rison.

8 The 1968 conviction -- that may have been '68,

9 '69. It might have been '69. In fac t, I bel i eve that wa s

10 a 19 6 9 conviction, a nd I went to the California Rehabilita-

11
tion Center in Corona , Cali f ornia.

12 In the 1970, 1971 conviction, I wa s sent to

13 Chino, California, San Quentin, Soledad, Folsom, CMC,

14 Teh achap i, San Quentin, Folsom , CMC, San Quentin, Folsom,

15
CMC. Tha t was my i t inerary.

Q Is that i t?
16
A Yes , that 's it.
17
Q Yo u h ave spent no othe r time in jail other
18
t h a n what you told us?
19
A I have been in a lot of j ai ls. We are talking
20
about my convictions.
21
Q Tell me about other jails yo u have been in.
22
A I can't count them.
23
Q App r oximately how many?
24
A Fifty. I have b een in fifty j a ils.
25

BLITZ REPORTING CO.

15 PARK RO W . N.Y. 1 0038 PHONES: 349 - 3 \0 8· 9
 1 Eder

2 Q Have you been a heroin addict?

3 A Most definitely, for eleven years. 1

4 Q Have you spent more than half your life in jail?

• 5

6 I
A

am 48.
I have spent approximately 18 years in jail and -

]
7 Q Have you ever told anybody you spent half your

8 life in jails?

9 A It's very possible.

10 MR. KAHN: Objection as to form. You

11 have to be more specific as to when and who.

12 Q Did you ever tell Mr. Albert Goldman you have

13 spent half your life in jail?

14 A It's possible, since when I first met Albert

15 Goldman I would have spent half my life in jail.

16
Q Going to the -- It was 5,300 pounds

A I haven't been in prison for that.

17
Q Do you know why?
18
A The case is on appeal.
19

20
Q Is there a sentence that has been passed?

•
A Three years.
21
Q What court does that derive from?
22
A Miami.
23
Q Your alleged reputation as an honest outlaw
24
was gained therefore in what kind of enterprises, what kind
25

BLITZ REPORTING CO.

15. PARK ROW, N.Y. 10038 PHONES: 349-3108-9
 1 Eder

2 of activities?

3 A My ·1i fe style.

4 Q Does your life style involve violating any

• 5

7
particular law?

Q
Certainly.

Which?

8 MR. KAHN: I object to that question.

9 MR. MICHAELS: The man claims his reputa-

10 tion is defamed. I asked about what his background

11 is with regard to that reputation.

12 MR. KAHN: You are asking him to identify

13 a specific legal statute.

14 THE WITNESS: Yes, I can identify the

15
statute as the marijuana laws. I have broken all

the marijuana laws.

16
Q You have broken the marijuana sale law repeated-
17
ly, have you not?
18
A I most certainly have. I used to sell it to
19
your client.
20

Q You say you sell it. You are speaking in the

21
present tense?
22
A No, you didn't ask me that. You asked me if
23
I sold marijuana. I sold marijuana.
24
Q De you presently?
25

BLITZ REPORTING CO.

15 PARK ROW, N.Y. 10038 PHONES: 349-3108-9
 1

2 A No, I don't have any.

Eder
@
Q When did you most recently do so?
3

4 A Sell marijuana?

• 5

7
Q

A
Yes.

I think that's irrelevant.

MR. KAHN: I object to that.

A If you want to ask me when I last sold marijuana

8

to your client, I would be happy to answer that.

9
Q Thank you for your solicitous concern.
10
Are you telling us that your reputation as an
11
honest outlaw was derived from the marijuana business?
12
A Part of it was.
13
Q \·/hat was the other part?
14
A The outlaw life style.
15
Q What does that outlaw life style involve? What
16
do you mean?
17
A How you live your life as an outlaw: Do you
18
do business in a correct manner, are you honest in your
19
present dealings with other outlaws and other people.
20

•
T2 Q With regard to the cases that you have told us
21
about that involved either your arrest or your conviction
22
A Excuse me, I want to clarify that. I am not
23
stating on this record that what I told you about my ar-
24
rests is the sum total of my arrests. Let's make that very
25

BLITZ REPORTING CO.

15 PARK ROW, N.Y. 10038 PHONES: 349.3\08-9
 1 Eder 25

2 clear. I don't want anybody to come back and tell me I

3 lied to you. I am just dealing with my convictions. I

4 can remember the convictions; I can't possibly remember

• 5

7
the number of arrests.

in one week.

Q
I have been arrested ten times

Could the number of arrests be possibly over

s a hundred?

9 A The number of arrests are all on the rap sheet

10 and sometime.between now and the time we go to court, that

11 rap sheet will appear.

12 Q In the course of any of the arrests or the

13 prosecutions resulting from those arrests, whether or not

14 they led to convictions, did you ever give information to

15 any government investigative or prosecutorial agency?

MR. KAHN: I object to that question again

16
on the grounds of the breadth and I ask you to be
17
more specific about what you were talking and ·when.
18
MR. MICHAELS: Off the record.
19
(Discussion off the record.)
20

•
MR. MICHAELS: Back on the record.
21
Q Mr. Eder, have you ever given information, in
22
the course of any criminal investigation or prosecution,
23
to the United States Customs Service?
24
A At no time.
25

BLITZ REPORTING CO.

15 PARK ROW, N.Y. 10038 PHONES: 349-3108·9
 1 Eder 26

2 Q To the United States Coast Guard?

3 A At no time.

4 Q To the United States Drug Enforcement Adminis-

5 tration or its predecessors?

6 A Only to the United States Drug Enforcement

7 Administration and I stated prior to that what that in-

8 formation was. That information was dealing with a leak

9 they had in.their computer. There was a method of gaining

10
access to information coming out of their computers and I

11
plugged that leak for them.

12 Wait a minute, I want to finish stating that

13 I have an understanding with government agencies I wi°ll at

14 no time be asked questions that may lead to an arrest or

15 conviction.

Q Have you ever given information to the FBI?

16
A Oh, yes, definitely.
17
Q How many times?
18
A Once.
19
Q Under what circumstances?
20

•
A I made a deal with the United States Government
21
Federal Bureau of Investigation to ascertain whether or not
22
their telephones were in fact capable of being tapped. I
23
then tapped their telephones and sold them that information
24
in order to get myself and other people out of problems with
25

BLITZ REPORTING CO.

15 PARK ROV.'. N.Y. \0038 PHONES: 349-3108-9
 1 Eder 27
)
2 the United States Government.

3 Q Did you ever give the information to any United

4 States attorney, assistant United States attorney or as-

• 5

7
sistant district attorney?

the question.
MR. KAHN: I object to the formation of

Specify some definable time period or

8 locality that he can refer to.

9 Q Did you ever give information to any assistant

10 district attorney in the State of New York or in the State

11
of Florida?

12 A About what?

13 Q About any criminal investigation or court pro-

14 ceedings.

A Criminal or court proceedings?

15
MR. KAHN: Again, I object as to the form.
16
Are you referring to an investigation or court pro-
17
ceeding with respect to Mr. Eder or an investigation
18
or court proceeding with respect to any other person?
19
Q I will ask both. With respect to yourself,
20

•
with respect to an investigation or court proceeding con-
21
cerning yourself as a defendant or prospective defendant,
22
did you ever give information to an assistant U.S. attorney
23
or an assistant district attorney in New York, Florida or
24
California?
25

BLITZ REPORTING CO.

15 PARK ROVJ, N.Y. 10038 PHONES: 349°3108-9
 I Eder (;;;)
2 A Yes.
l1? I
3 Q How many times?

4 A Well , I had a case up here and I had cases

5 down in Florida and I had cases in California . Since I

6 was appearing propria perso na, in many cases I represented

7 myself and I had reason to come in contact with assistant

8 district attorneys.

9 Q With regard to any criminal investig ation or

10 prosecution of any other pe rsons, have you ever given any

11
information to any investigati ve agency or prosecutorial

12 agency in any of those thre e states?

13 A Let me be very clear about this: With regard

14 to any informa tion or any testimony that might lead to an

arrest or conviction of any human being, I ha ve not given

15
a ny info rmat ion to any agency or a.nyone, period . That will
16
solve t hat .
17
Now , I may ha ve g i ven info rmation but I was
18
always very careful to make i t clear that the in f orma tion
19
that I wa s giving, I woul d n ' t be asked any questions. I
20
refused to d e al with any questions that would lead to any-
e 21
one's convic tion or arrest.
22
Q You may have given info rmat ion, with r e gard to
23
other people, to law e nfor cement agencies or prosecutors?
24
A No . No, b ecause --
25

BLITZ REPORTING CO.

15 PARK ROW. N.Y. 1 003 8 P HO N ES: 349-3108- 9
1 Ede r 29

2 Q Did you not just say , "I may have g i ve n in-

3 formation "?

A I have given information. I told y ou that . I

4

s have g iven information with regard to the tappi ng of

6 government t e l ephones . The entire governme nt network, I

7 found a way to get into it and I sold them that in fo rma tion

8 and then I found a way to get into their computers, the

9 National Crime Info rma tion Center c omputers, and the

10
El Paso Info rmation Center computer. That's it.

Q Those are the only time s y ou have ever give n

11

12
information?

13 A That is absolutely correct. Tha t is the only

time I have ever given that information. I hav e made it

14
clear to whomsoever I wa s dealing with tha t I would at no
15
time g ive them any informa tion that might l ead to an ar-
16
r e st or conviction.
17
Q Yet you therefore are co nced ing t o us that in
18
c e rt a in limited ways y ou s pecified that you we re an e mployee
19
of certain government --
20
A At no time h ave I ever been a n emp loyee of any
21
government agency .
22
Q Have you b een paid by - -
23
A At no time have I ever b ee n paid by a ny go ver n-
24
ment agency for a ny information, categorically.
25

BLITZ REPORTING CO.

15 PARK R OW, N .Y. 1 003 6 PH O NE S' 349-3 1 OB- 9
 1 Eder 30

2 Q Here you paid for the assistance you gave them

3 with regard to the computer or telephone?

4 A I was not paid even expense money. I never re-

• 7
5

6
ceived -- They attempted at one time to reimburse me for

air fare across the country and I ref used to accept the

money they offered to me. At no time has the government

8 ever given me any money except when I came out of prison.

9 Q Did the government provide you with any con-

10 · sideration with regard to any of your cases?

11
A Well, of course. That was the deal.

12
Q What was the deal?

13 A The deal was I gave them certain information in

14 order to beat certain cases.

15 The United States Government got me out of

prison in December 16, 1974. I was released from the

16
California Prison. This was done with the help of the
17
United States Government. They were.trying to get me out
18

for a year to work on the possibility of their telephones

19
being tapped.
20

• 21

22

23
Q Did you ever give information concerning a man

named John Draper, known as "Captain Crown"?

A Absolutely not.

Q Have you ever given information to any govern-

24
ment agency with regard to Hr. Lenny Bruce?
25

BLITZ REPORTING CO.

15 PARK ROVI, N.Y. 10038
 1 Eder 31

2 A Most definitely not.

3 Q Did you ever give information to any government

4 agency with regard to Mr. Thomas King Forcade?

• 5

7
A At no time. At one time the government agency,

at one time attempted to coerce me into giving information

with regard to Thomas King Forcade. At the time this took

8 place, I adamantly refused to give them any information

9 whatsoever at the risk of having my deal with the Drug

10 Enforcement Administration go·. down the tubes because this

man had to sign something that would allow the deal to go

11

12 through, and he tried to use that as a lever in order to

13 get him to give me information about Thomas King Forcade

14 and I refused to at that time.

15
Q Was the information you gave to the government

with regard to telephone and computer matters, in your be-

16
lief, of value to the government?
17
A Yes. There are two things that the government
18
is concerned with over and above arrests and convictions,
19
and one is the safety of their personnel and the other is
20

•·
the security of their information.
21
Q Did you derive the information you gave to them,
22
in part, from information you gathered from one John Draper?
23
A I will not answer that question since i t may
24
lead Mr. Draper to have problems with the government and he
25

BLITZ REPORTING CO.

15. PARK ROW, N.Y. 10038 PHONES: 349·310B·9
 1 Eder 32

2 certainly cannot afford them at this time.

3 I would like to add to my answer the fact at

4 no time did I give the government any information with

• 5

6
regard to John Draper.

Q However, you would contend that the information

7 you gave was of high value to the government?

8 A Well, let's put i t this way; They traded for

9 it, so they must have thought it was of high value.

10 Q Do you feel that it 1va.s high level information

11 you were giving?

12 A No, sir. Definitely I tapped the FBI telephones

13 at the height of the Patty Hearst investigation and they

14 freaked.

15 Q So with regard to those limited matters, did

16 you provide. the government with high level information?

17 A I object to that simply because you are just

18 trying to fill out that "high level." Alan J. Weberman's

19 line in The Village Voice was that I was a "high level DEA

20
informant." That's not my place to ascertain whether or

not this information was of value to them. You have to

21
ask the DEA agents I am going to put on the stand whether
22
or not it was of interest to them.
23
Q When was it that you were released from prison
24
with the assistance of the United States Government?
25

BLITZ REPORTING CO.

lS PARK RO\V, N.Y. 10038 PHONES: 349-310B-9
 1 Eder 33

2 A December 16, 1974.

3 Q For how long before that had you been in prison?

4 A I went to prison -- Again, it was the conviction

•• 5

6
that took place in Isla Vista,Santa Barbara, California,

and I believe that was 1970 or '71 that I went into prison,

7 and I escaped from prison in December of 1972 and returned

s voluntarily to prison May 8, 1973. I had been in prison

9 for that length of time on that charge.

10 Q During the spring of 1974, did you ever visit

Mr. Thomas King Forcade?

11
A Spring of 1974 was spent incarcerated in the
12

13 California prison.

Q I think I am confused about dates. Have you

14
told us that you were released from prison in California
15
in December of '74?
16
A That's correct. In the spring of '74, I was
17
in the prison.
18
Q During the spring of 1975 then you were re-
19
cently released from prison with the assistance of the
20

•
government; is .that correct?
21
A That's correct.
22
Q During that period of time, did you ever visit
23
Mr. Thomas King Forcade?
24
A During what period of time?
25

BLITZ REPORTING CO.

15- PARK ROW, N.Y. 10038 PHONES: 349-3108-9
 1 Eder

2 Q Spring of 1975.

3 A Yes, I was intimately involved with Thomas King

4 Forcade in numerous business ventures .

• 5

7
Q

Q
Were any of the business ventures criminal?

I object to the word "criminal."

Were any of those prohibited by law at that

8 time?

9 A Yes, they were outlawed definitely.

10
Q Did you ever visit Mr. Forcade at the Fifth

Avenue Hotel at Ninth Street?

11

12
A Yes. On a daily basis for many months during

13 the time we had that suite.

14
Q 11
V'Je 11 ? You said "we 11 had that suite. Were you

a partner?
15
A During the time we had that suite -- I will
16
change that.
17
Q What business was carried on at that location?
18
A What business was carried on at that location?
19
Numerous businesses, I suppose.
20

•
Q What businesses, if any, that you know about?
21
A Work on HIGH TIMES MAGAZINE, distribution of
22
marijuana.
23
Q In what kind of quantities?
24
A Hundred pounds, 200 pounds, 500 pounds.
25

BLITZ REPORTING CO.

15. PARK ROW, N.Y, 10038 PHONES: 349-3108-9
 1 Eder

2 Q Were you one o'f the partners in that venture?

3 A I certainly was.

4 Q And during that time, were you cooperating with

5 the government?

6 A Wait just a moment.

7 MR. KAHN: I object to the form of the

8 word "cooperating" with the government because I don't

9 know what it means and I am not sure

10 A Yes, that's what stopped me.

11 Q During that time, were you providing information

12 to any government agency?

13 A Yes, I was working at that time on the computers

14 Q What agency was it that you were dealing with

15 at that time?

A The Drug Enforcement Agency.

16
Q Did there come a time when the marijuana sales
17
business at the Fifth Avenue Hotel ended?
18
A They sure did.
19
Q Do you know the circumstances under which it
20

ended?
21
A I wasn't there at the time, but from my in-
22
formation, something happened to the sprinkler system and
23
it went off, thereby flooding the suite and causing the
24
fire department to break into that suite and I believe they
25

BLITZ REPORTING CO.

15 PARK ROW, N.Y. 10038 PHONES: 349-3108-9
 I Eder 36

2 found a quantity of marijuana there. Following that, when

3 the district attorney here in New York attempted to coerce

4 me into testifying with regard to that marijuana belonging

• 5

6
to Thomas King Forcade.

A
Is that Mr.

That's correct.
Newgarten?

8 Q You say he attempted to coerce you. What did

9 he say?

10 A That's correct. He said he knew I had a deal

with the Drug Enforcement Agency to kill the case for me

11

12 in New York City here based on information that I had

13 supplied to them with regard to the computers, and he

14
attempted to -- I don't know the right word -- quash the

deal. He refused to allow the deal to go through unless

15
I agreed to testify or give information against Thomas
16
Kini; Forcade, at which time I told him to "get fucked."
17
Q Close quote?
18
A Close quote.
19
Q Thank you.
20

•
A And told him my deal with the Drug Enforcement
21
Agency -- and I lived up to my deal with the Drug Enforce-
22
ment Agency -- my deal, at the beginning, with the Drug
23
Enforcement Agency, was at no time was I to be asked for
24
any information that might lead to an arrest or conviction,
25

BLITZ REPORTING CO.

15 PARK RO\V, N.Y. 10036 PHONES: 349-3\0B-9
 1 Eder 37

2 so I didn't have to supply him with that information and

3 if he refused to go along with the DEA, then that was the

4 problem between him and the DEA and to leave me out of i t .

• 5

7
Q Mr. Eder, when you did give information to

governmental agencies, you told us you had an understanding

that information would not lead to an arrest and you would

8 not be asked questions that might lead to an arrest; is

9 that correct?

10 A No. ·11y original deal with the United States

11 Government was simply the deal was made while I was in

12 prison and I told the man he had read me completely wrong

13 if he thought I would trade my prison cell for another

14 man, put another man in my place. We made an agreement

15 at the time, not only was I not expected to give up any

16 information and would not be asked any questions that may

17 lead to an arrest or conviction.

18 Q Did you ever have any agreement you would never

mention anybody's name?

19
A No, I don't think so.
20

•
Q Your agreement was while you might mention
21
somebody's name, no arrest would result; is that correct?
22
A No. Let's get i t straight. You are getting
23
cute again. You get cute a lot. Don't do it.
24
Our agreement was I might be asked questions
25

BLITZ REPORTING CO.

1.:5. PARK ROW, N.Y. 1~30 PHONES: 349-3106-.9
 1 Eder 38

2 that would lead to an arrest or conviction. At the time

3 I made my deal with the government, I fully understood the

4 fact there are things that are more important to an in-

• 5

7
vestigative agency of the United States Government than

arrests or convictions, and those two things are the safety

of their personnel and the security of their information

8 and communications; therefore, my deal with the government

9 as to a system in areas dealing with the safety of their

10 personnel or their securities of their information or com-

munications.
11

12
Q But in the course of the information you did

13 get, you may have named names?

14 MR. KAHN: I object to the form of that

question.
15
A Yes.
16
Q Did you ever name the name of anybody who
17
committed a crime, in the course of giving information?
18
A No. Now we can deal with the question. No.
19
Okay.
20
Q I want to thank you for your compliment on my

•• 21

22

23
looks.

You have told us you know you sometimes repre-

sented yourself in dealing with the prosecutors; is that

24
correct?
25

BLITZ REPORTING CO.

15 PARK ROV/, N.Y. 10038 PHONES: 349-3108-9
 1 Eder 39

2 A Yes, I was propria persona in a case in Los

3 Angeles County, which I beat, and in Ventura County and

·4 in Santa Barbara County and San Luis Obispo County I

• .s
6

7
represented myself in those cases and those jurisdictions .

A
Any of those cases lead to guilty pleas?

The Los Angeles case was acquittal and the

s case in Ventura, California led to a guilty plea, and the

9 case in Santa Barbara, California led to being found guilty

10 by a jury, and the case in San Luis. Obispo County led to

11
a plea of guilty on an escape charge.

12
Q There have been times where you have had

13 attorneys representing you?

14 A Oh, definitely. Those are the only times I

15 was not represented.

16
Q The case involving the 5300 pounds in Florida,

did you have an attorney in that matter?

17
A I did.
18
Q Who was that?
19
A During the case?
20

•
Q Yes .
21
A During the trial itself?
22
Q Yes.
23
A Michael Kennedy.
24
Q Did he resign as your attorney?
25

BLITZ REPORTING CO.

15 PARK ROW, N.Y. 10038 PHONES: 3~9-310B·9
 1

2 A

Q
He did.
Eder

Did he give a reaso n for it at the time that

G
3

4 you know of?

5 A He did .

6 Q What was that?

7 A He said he didn't want -- he wouldn't defend

8 people that worked with the gover nment .

9 Q In fact , did he call you an informant?

10 A He did .

11 Q Did he express shock you had not told him?

12 A Yes.

13 Q Had you told him?

14 A No .

Q So you did not inform your attorney that you

15
had a relationsh ip with governmenta l agencies?
16
A That is correct.
17
Q At that time did you ask Mr . Kennedy to delay
18
before informing anybody of the new fac t he had learned?
19
A That is correct , and which he did .
20
Q And therefore, he later revealed it, with your
21
consent?
22
A He did not at my consent .
23
Q Did an allegation that you were show n t o have
24
been a government informant and an informant for the DEA
25

BLITZ REPORT IN G C O .
15 P A RK R OW, N.Y. 10038 PHONES : 349-3106 -9
 1 Eder

2 ever appear in prin.t that you know of?

3 A Yes, it did.

4 Q Where and when?

5 A HIGH TIMES MAGAZINE. 'rhe when would be, I

6 think, the Christmas issue two years ago.

7 Q And?

8 A About a year and a half -- Not this last

9 Christmas but the Christmas issue prior to that.

10 Q Was that statement true or false?

A Let me see it again so I can say what is true

11

12 and what is false.

13 The statement is false and I will deal with

14 where it is false in just a moment.

As far as this is concerned, it states here,

15
and I will· read the heading, "Dope Hero Turns Narc." The
16
term "Narc" means either someone who is working for the
17
Narcotics Agency for the United States or an informant in
18
narcotics cases for the United States Government. That is
19
untrue. It also says here, on the seventh line of this
20

• 21

22

23
article, it says, "was revealed in court as a government

informant."

law.
That is untrue. Never came out in a court of

MR. KAHN: Are you introducing this· into

24
the record?
25
BLITZ REPORTING CO.
15 PARK ROVl, N.Y, 10038 PHONES: 349-3108-9
 1

2
Eder

MR. MICHAELS:
(2·
Would you like to mark it?

3 MR. KAHN: Yes.

4 MR. MICHAELS: Fine.

• 5
Q The false allegation that appeared in print in

6 HIGH TIMES MAGAZINE that you had been revealed in court to

7 be a narc, did that cause you a loss of income?

8 A Yes.

9 Q What income?

A Income derived from the marijuana business.

10

Q Did it cost you any loss of income in your

11

12 yachting business?

13 A No.

Q Did it cost you any loss of income in any other

14

businesses?
15
A I don't think so.
16
Q Did it cost you any loss of reputation as an
17
honest outlaw or otherwise?
18
A Most definitely.
19
Q In fact, isn't it the kind of allegation you
20

•
are complaining about in this case?
21
A Most definitely, but not quite as strongly
22
because there was no specificity as to what it was I was
23
supposed to have done within the HIGH TIMES article.
24
Q In fact, is it your opinion that the HIGH TIMES
25

BLITZ REPORTING CO.

15. PARK ROW. N.Y. i003B PHONES: 349·3\0B-9
 1 Eder 43

2 article caused much more damage to your income as an out-

3 law?

4 A Possibly.

• 5

6
Q Have you, 'to' this date, taken any legal action

against HIGH TIMES MAGAZINE or Transhigh Corporation?

7 A No, I have not, but that was simply because at

8 the time I was not in a position to do so and I am glad you

9 brought that to my attention, because we intend to do it at

10 ·this point.

11 Q Did you ever complain in writing that the in-

12 formation published therein was false?

13 A No, not in writing.

14 Q Did you ever complain orally that it was false

15 to HIGH TIMES MAGAZINE?

16 A No, Thomas King Forcade.

17 Q What did you say?

18 A Told him it was bullshit and

19 Q What did he say?

20 A Be that as it may, Thomas King Forcade and I

• 21

22

23
were in business with the marijuana and he cheated me out

of a large sum of money and that is what was the basic

argument originally.

Q How much marijuana did you and Thomas bring

24
into the country during the course of that business?
25

BLITZ REPORTING CO.

1S PARK RO\'.', N.Y. \0038 PHONES: 349-3108.-9
 1 Eder ( 44 )
2 A Many thousands of pounds. U/
3 Q How many different importations were involved ,

4 approximately?

5 A Three .

6 Q By airplane, ship or how?

7 A By boat .

8 Q So in fact there came a time when you felt that

9 Thomas King Forcade cheated you out of a l arge sum of money?

10 A He did .

11 Q When was that ?

12 A When did I l e arn he cheated me out of the

13 money?

14 Q Yes .

15 A April , 1 97 7 .

16
Q And so after Apri l 1977 , what was your opinion

of Mr . Forcade's honesty?
17

18
A I stopped doing busines s with Mr. Forcade a t

t hat point and took my money back a way from him .

19
Q What was your opinion of Mr. Forcade?
20

A That he was a ch~at; that he wa s not an hone st

21
outla\·1 .
22
Q Did you ever tell a nybody that?
23
A Tom Forcade .
24
Q Anyone else?
25

BLITZ REPORTING CO.

15 PARK ROW. N .Y. 10036 PH O N ES ' 3 4 9-3 1 06- 9
 1 Eder 45

2 A No, I didn't feel it was necessary. A lot

3 of people knew about it. Yes, I did tell a lot of people

4 in the business so they could protect themselves from Mr .

• 5

7
Thomas King Forcade.

Q Did you ever complain in writing to Mr. Michael

Kennedy about his having said you were a narc or drug

s agency informant?

9 A No.

10
Q Did you ever complain orally to him about that

statement?
11

12
A Yes.

13
Q What did you say?

14
A You know, I said that since that wasn't true,

that I felt he was wrong in saying that.

15
Q What did he say?
16
A He said, well, you know, he said we are all
17
entitled to our opinion. In fact, I think it was his words.
18

19

20
Q

A
Did you ever take any legal action against him?

No, I haven't yet.

]
•
Make a note . I am suing him too. Let's simplif
21
that.
22
Q Do you have any claim to any secret, confidentia
23
conversations with Mr. Kennedy about your status as an
24
alleged informant on narcotic cases?
25

BLITZ REPORTING CO.

15 PARK ROW, N.Y. 10038 PHONES: 349-3108-9
 1 Eder

T3 2 A I am not sure I understand what you are talking

.3 about.

4 Q You have told us something about conversations

• 5

7
\vi th Mr. Kennedy, your former attorney, concerning the

allegation which he made which was reported in HIGH TIMES

that in fact you were a narc informant.

8 A Did I?

9 Q I am saying, are you claiming there was any

10 other conversation with him with regard to your status as

an informant which was secret or confidential?

11

12 A Yes, all of it was secret and confidential. He

13 was my attorney.

14 Q Were any of those secret and confidential con-

versations concerning whether.or not you were in fact a

15
narc informant?
16
Most definitely.
17
Q You have told us that you wished to consider.
18
bringing legal action against Mr. Kennedy. I take it you
19
would not object to his testifying about your conversations
20

•
concerning your alleged status as a narc informant?
21
A l'lould I object to that? I already object to
22
that. I object to his having violated the attorney-client
23
relationship and it has just dawned on me, sitting here in
24
your office, I should take legal action against him.
25

BLITZ REPORTING CO.

15 PARK ROW, N.Y. 10038 PHONES: 3.:l9-3 \ 08-9
 1 Eder 47

2 Q You are saying he violated a confidence tha t

3 in his opinion you were a narc informant?

4 A That is correct.

5 Q You are contending there were conversations you

6. had with him in which that was discussed in which you ex-

7 pected and hoped would be kept secret?

8 A Yes.

9 Q During those conversations, did you and he dis-

10
cuss your activities , however limited, in assisting the

government?
11

12
A Correct.

13 Q Have you ever give n information to any govern-

ment agency concerning a narcotics investigation or prosecu-

14
tio n?
15
MR. KAHN: I am going to object to tha t . .
16
The question was asked and ~nswered earlier.
17

]
Q Were there other places , aside from the Fifth
18
Avenue Hotel , where you and Mr. Forcade conducted an outl aw
19
business , as you cal l it?
20
A I don't have to
21
MR. KAHN: I object to the question and
22
direct him not to answer .
23
A Hold it. I will answer the question bu t I won ' t
24
ge t into any specificity .
25

BLITZ REPORTING CO.

15 PARK ROW. N.Y. 10038 PHONES: 349-3108-9
 1 Eder

2 Yes, We are involved.

3 Q Were there, in fact, several other places?

4 A Yes. J
5 Q Where do you live?

6 A In my suitcase. I do not have a permanent

7 domicile.

8 Q Do you own real estate in Manhattan?

9 A No. I don't own real estate anywhere.

Q Are you a partner, member of a firm or share-

10
holder in any business which owns real estate in Manhattan?
11
A No.
12
Q Do you own any boats?
13

A No.
14

Q What is your business. at this time?

15
A I'm a corporation in New York.
16
Q Which does what?
17
A Sells ears.
18
Q E-a-r-s?
19
A Sells ears.
20

• 21

22
Q

Q
Is that the sole business of that company?

At that point, yes.

What is the name of the company?

23
A Picaresque of New York.
24
Q What business did that corporation normally
25

BLITZ REPORTING CO.

15 PARK RO\V, N.Y. 10036 PHONES: 349-3108-9
 1 Eder 49

2 conduct?

3 A Conducting no business besides that. ]

4 Q Have you made arrangements for any improvements

• 5

7
on any real estate in Manhattan within the last two years?

A I don't know what that means, so I can't answer.

Would you be a little more specific, you know, instead of

s being a lawyer?

9 Q Have you arranged for services of architects,

10 carpenters, electricians, renovators, restorers; rebuilders

11
or any other persons whose business is involved in the im-

12 provement of realty?

13 A I worked on it for a while but nothing came to

14 fruition.

15
Q A building at what address?

A I don't know the address. It was in the

16
twenties but I didn't buy the building, so that's it
17
was a plan to buy a building through a corporation I was
18
involved with and the plan never came to fruition. That's
19
all.
20

•
Q Are you telling us then that at one time you
21
made a contract to purchase a building but did not close
22
the deal?
23
HR. KAHN: I object to that.
24
A No, I didn't make any contract to purchase any
25

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2 building.

3 Q What was the price of the building which you

4 didn't buy?

• 5

7
A How does that relate?

MR. KAHN: I object to this entire line

of questioning for the reasons it is totally im-

8 material to any defense that may be legitimately

9 raised ·in the action and there is no indication what

10 Mr. Michaels is talking about and I think it is un-

11
fair to ask the witness to respond. I am not sure.

12 what you are talking about and I am not sure my

13 witness does either.

14
Q Do you have any business other than the·

15 Picaresque business you have told us about?

A What other businesses do I have or what other

16
businesses do I project?
17
Q What other businesses are you conducting now?
18
A In the United States, none.
19
Q Outside the United States?
20

•
A Various other business ventures .
21
Q Such as?
22
MR. KAHN: I am going to object.
23
HR. MICHAELS: I am going to object to
24
your objection. The claim is that there is a dero-
25

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15 PARK ROW, N.Y. 10038 PHONES: 349-3108·9
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1 Eder

2 gation of his business and income a nd I am

3 what business he is in.

4 A Let me think abou t that. I am in t he opal

5 business in

6 Q You mean the cars or qem stone?

7 A Gem stone .

8 Q Anything else?

9 A That's it.

10 Q You are not in any yachting or boat-oriented

11 business?

12 A Yes , I am, but I'm not making any money at it.

13 Q What does that business involve?

14 A Involves owning a piece of a corporation that

15 owns and charters boats.

16 Q How many boats does that company own?

17
A At this point, one .

18 Q Where is that business locat0d?

19
A I prefer not to answer that.

20
Q Is y our attorney objecting to it?

A I do n't n eed my attorney to tell me not to

21
a ns we r the quest ion.
22
Q Whe r e is your boating business lo c at e d?
23
A Off the record .
24
(Di s cussion o f f the record .)
25

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1 ~ PARK ROW, N.Y. 10038 PHONES: 349-3108- 9
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2
Eder

MR. MICHAELS: Back on the record.

G
3 A In the Caribbean and further than that, I would

4 rather not state, and the reason I would rather not state

• 5

7
i t is simply because I already have J:ieen injured by this

party and I don't want that information available to this

party.

8 Q Under what jurisdiction? What island or

9 locality?

10 A That is exactly what I'm telling you I am not

11 going to tell you.

12 MR. MICHAELS: Off the record.

13 (Discussion off the record.)

14 MR. MICHAELS: Back on the record.

15 Q You are not making any money from that this

16 year, the boating business?

17
A No.

18
Q Did you make any money from it last year?

19 A Yes.

Q About how much?

20

• 21

22

23
that?
A

Q
A few hundred dollars.

Did you make any money from it the year before

A I wasn't in it the year before that.

24
Q How about the opal business; are you making any
25

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 1 Fr3er

2 money this year?

3 A A few dollars.

4 Q Make a ny money in it last year?

- 5

7
A I wasn't in it last year.

Pardon me , that's wrong .

year and no , I did not make any money in it l as t yea r.

I wa s in it last

8 Q What are you making money in this yea r?

9 A Nothing . It is a pre tty bad year so far.

Q What did you make money in last year ?

10

A I said I made a few dollars in the boat

11

12
busines s l as t year. Maybe two, three hundred dollars.

13
Q What else?

14
A That's it.

Q How did you support yourse lf l as t yea r?

15
A I didn't.
16
Q How did you buy food?
17
A I didn't.
18
Q You did without food all year ?
19
A No. I didn't buy any food .
20
Q You are telling us that your only income fo r
21
the year or the only income was f rom those businesses?
22
A From tho s e businesses.
23
Q l".111a t was your total income for the ye ar 1976?
24
A Maybe three, five, four hundred do llars.
25

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15 PARK ROW. N . Y. 10038 PH O NES: 349-3108-9
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2 Q How about 1977?

3 A Probably about the same .

4 Q How about 1978?

5 A I don't know. I can ' t deal with tha t beca use

6 I don't know how much I made because I don't keep any re-

7 cords, but that's what I figure I made.

8 Q You do keep copies of the tax returns you file,

9 do you not?

10 A No, I don't have any tax returns. I don't file

income tax.
11

12 Q You don't file any income tax anywhere?

13 A That's correct .

14 Q How much did you make from the marijuana

15
business , let's say, in 1975?

A I have no idea.
16

Q 1976?
17
A I don't know.
18

Q 1977?
19
A Don ' t know .
20
Q 1978?
21
A Don ' t know .
22
Q 1979?
23
A Don ' t knd~.
24
Q You have been in the marijuana busi ness in 1979?
25

BLITZ REPORT I NG CO.

15. PARK ROW, N.Y. 10038 PHONES' 349-3108-9
 1 E<ler 55

2 A No.

3 Q I ' m sorry . I thought you said you didn ' t know

4 how much you made in the marijuana business in 1979. Are

5 you saying you don ' t know because you were in the business

6 or you don't know --

7 A I'm sayi ng I don ' t know because I have n't been

8 doing anything in 1979 in the marijuana business . I have n't

9 been in the marijuana business in 1979 , but I was in t he

10 marijuana business prior to 1979.

11
Q Up through 1978 , perhaps?

12 A Sure .

13 Q You t old us about a dispute with Mr . Forcade

14 t hat led you to feel he cheated you out of a substantial

sum of money. How much money was that?

15
A It was n ' t money ; i t was marijuana.
16
Q How much marijuana was it?
17
A Fifty pound s .
18
Q How much does that g o for?
19
A It depe nds on your neighborhood .
20
Q Appro ximately at that time, l et 's say in the
21
neighborhood in which the act you were comp laining about
22
occurred?
23

24

25
A

Q
l\.bout $200 a pound.

About $10 , 000, maybe?

It was in Florida.
]
BLITZ REPORTING CO.
15 P ARK ROW. N.Y. 1003 8 PHONES' 349-3108-9
 1

2 A
Eder

Yes, about ten grand. But you see, in the~

3 course of this there is a cost of doing business; the cost

4 of doing business is all of it. I don't make any profits,

• 5

7
so I don't pay any taxes. It's obvious what I am saying

is I don't pay any taxes to the United States Government

and I don't have any intention to pay taxes to the United

8 States Government. Therefore, I am not going to state

9 under testimony that I made any money on any ventures.

10 Q Have you ever or do you ever intend to pay

taxes to the State of New York or the State of Florida or

11

12
any other state or municipal jurisdiction?

13 A I don't intend to pay any taxes to any govern-

14 ment agency in the world at any time at this point, Since

I am an anarchist., I don't believe in government.

15

Q Have you done that in the past? Have.you made

16
out tax returns and paid taxes?
17
A I can't ever remember making a --
18
Q To any state or municipal government?
19

l
A I have sort of a deal with the government.
20

•
Whatever they get is theirs and whatever I get is mine .
21
Q This deal, is this like the other deals you
22
are telling us about where you made a specific agreement
23
with some government official?
24
A I have no agreement with any government
25

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2 official. I just decided I'm not going to pay any taxes.

3 Q You used the word "deal," as a joke?

4 A I have, at times, say, for a few days, worked

• 5

7
and the monies that I may have earned would have been,

would have had withholding taxes taken out of it, and if

there was any withholding tax which was taken, I never

8 filed to get any back and I let the government keep that

9 but I did not file income tax. I just refuse to file it.

10 I don't pay any attention to that.

Q Where did you get the money to use to go in

11

12 the boat business?

13

14
A I didn't put any money in the boat business.

They pay me a small amount of money for advice.

]
Q We are all aware that legal proceedings are
15
expensive. How do you finance legal proceedings; from
16
what source of income?
17
A My attorney, at this point, does not charge
18
me any money. He has -- I believe he used the term ''pro
19
bono." Is that the term? Pro bono publico. Since I don't
20

•
pay this poor fellow, we are wasting a tremendous amount
21
of time. I don't pay any attorney.
22
Where did I get the money to pay Michael
23

24
Kennedy?
. From the marijuana business. J
Q In fact, over the course of your dealings in
25

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1 Eder 58 )

2 the marijuana business , you have taken in a great -·

deal

3 of money , have you not?

4 A Yes, but I didn't make any. The cost of doing

5 business was always just about exactly the amou nt of the

6 marijuana business.

7 Q Would you say , perhaps, over the cours e of

8 your lifetime you have taken in more than a million dollars

9 in t he marijuana business?

10 A ·rf the questio n is, has a milli on dollars gone

11
through my hands in the mariju a na business, yes .

12 Q So given the income position that you are tel l-

13 ing us that you have at this point , you are not claiming

14 that Mr. Weberman 's article caused you any loss of any in-

15 c ome in the opal or boat business, are you?

A · I'm claiming that it caused me not to make any

16
money and that is why I haven't made any money, because
17

there are certain peop le who have re f used to do business

18
with me based on the fact Weberman ' s article state s I am
19
an informant and who have testified before a grand jury
20

in Brooklyn .
21
Q l·v ho were thos e people that refused to do
22
business with y ou as a result of the artic l e ?
23
A Well, I attempted to hire someone for the
24
magazine that I h a d projected for the future , recently,
25

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15 PARK ROW . N.Y. 10038 PHONES: 349 · 3108·9
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2 and that person said, "If I want a cop, I will

3 police station.''

4 Q With regard to your earnings in the opal

• 5

6
business or boat business, are there any earnings that you

have lost as a result of the publication of this article?

A Yes, I believe so. There is a fellow in Texas,

7

8 his name is Ray

9 Q Ray what?

10 A Carter.

11 Q Do you know his address?

12 A No, not at the moment, but I will certainly

13 get it for you. And Ray Carter refused to become involved

14 with me in the opal business over the incident.

Q Had you previously been involved in the opal

15

16
business with Mr. Carter?

17
A No.

Q That was only a plan possibility?

18
A The venture. The venture specifically went
19

20
down because of this article.

• Q Did that venture produce any income to you in

21
the past?
22
A No.
23
Q Do you ever charter your boat to smugglers?
24
A No.
25

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J'
'..______/
2 Q Outlaws of a ny kind?

3 A Not to my knowledge .

4 MR. MICHAELS: Let ' s take a recess.

5 (Reces s taken .)

6 BY MR. MICHAELS:

7 Q Do I und erstand correctly yo u have told us

8 that your only income from legitimate businesses , duri ng

9 1977 and 1978, was a few hundred dollars?

10
A No. You understand correctly as stating that

that is all I wish to state that I had made simply becaus e

11

12 I do n't want it to appear anywhere on the record that I

13 have stated more than that because I don't wan t the govern-

14 ment, at some point , to come back to me and say why didn ' t

I pay taxes on it.

15
Q Did you lose a~y money on a ny existing legi timat
16
business as a result of the publication of the article?
17
A Yes , I did. It has caused me - - It has caused
18
me to postpone the publication date of magazine that I have
19
been planning for the past year.
20
Q Did you have any income from tha t magazine in
21
the past?
22
A No , it was just a projected income.
23

l
Q Is there any existing business that provided
24
you with income which has been harmed economica lly by thi s
25

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15 PARK ROW, N .Y. 1 0039 PH O NES, 349-3109-9
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vi
2 publication?

3 MR. KAHN: I have to object to that

4 question on the grounds it already has been asked

•
. 5

6
and answered.

MR. MICHAELS: Off the record.

(Discussion off the record.)

7

8 MR. MICHAELS: Back on the record.

9 A Yes. The reason I have not done any business

in the marijuana business in 1979 is primarily based on

10

this article.
11
Q In fact, the primary loss economically you had
12

13
as a result of this publication is the decline of your

14
marijuana business, is it not?

A Exactly.
15
Q That is the overwhelming and predominant thing
16
that the case is about, isn't it?
17
A Yes. It most certainly is. I think I can
18
answer that that is true.
19
Q Thank you.
20

•
Off the record .
21
(Discussion off the record.)
22
MR. MICHAELS: Back on the record.
23
Q You have told us about your belief that that
24
article was published with malice?
25

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2 A Correct.

3 Q What do you believe the origin was of that

4 malice?

5 A My refusal to any longer sell marijuana to

6 A. J. \•leberman at very good prices.

7 Q When was that?

8 A I stopped selling it to him around June of

9 1977. I believe that is the last transaction, June of

10 1977. It may have been July, ·but I don't remember, but in

11 the summer, spring or summer of 1977 I stopped selling to

12 him.

13 Q You stopped because you believed the selling

14 of marijuana was wrong, against the law or some other

15 reason?

16
A No, I cut him off,

Q Why?
17
A Because I decided he was a pain in the ass.
18
Q Didn't you leave to1vn about that time because
19
of the article that appeared in HIGH TIMES that claimed
20

• 21

22

23
you were·a narc informant?

A Excuse me. The time I stopped doing business,

I cut him -- cut A. J. Weberman fr'om his supply of

marijuana took place in June or July of 1977. The publica-

24
tion in question is, the HIGH TIMES article appeared in the
25

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2 De c emh e r i s su e which prob a bly came out i'lround the e nd of

3 Oc t o ber or the beginning of NovembP-r .

4 Q When wa s it that Michael Ke nnedy made the

5 sta t e me nt that you were a n a rc info rmant?

6 A I believe around Labor Day of that same y e ar

7 and I had cut him off months before that .

8 Q That was during the time ~le n you were working

9 for the governme nt age ncy yo u have n a med in the limite d

way you have specified?

10

A No. I had not wo r ked for those g o vernmen t

11
agencies . I worked twice for the Fede r a l nur e au of In-
12

13
v e stiga tion on the telephone dea l in 1975 and I worked

with the governme nt on the othe r case , t he computers , in

14
1976 , so it was , like , at le a st a minimum of a y ea r h a d
15
gone by since I had anything to do with the gover nme nt .
16
Q Le t me show you this document, sir , Rnd as k y o u
17
if this is y our complaint iri the case we a re di scuss ing ?
18
The summons is o n top and the do c ument b e low th a t is the
19
one I am re fe r ring to .
20
A Ye s , I think so . It l ooks like it.
21
Q Th a nk you . At the time of the e ve nts tha t you
22
are complaining a bout in the lawsuit that we are dis cuss ing
23
today , y our complaint state s in paragr a ph 6 that you we re
24
se lf- employed as e ntrepreneur a nd ve ntu r e ca pitalist ; is
25

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2 that true?

3 A I'm not sure what " venture capitalist" is. I

4 am an entrepreneur . I don ' t have a capital to be a venture

5 capitalist and I know a lot of capitalists with money and

6 I pu t together a lot of deals .

7 Q ivhat do you do when you put together deals?

8 A I'm trying to put together a magazine . I have

9 received commitments for large sums of money to put th is

magazine out, and because of · this article , I have not bee n

10
able to hire certain parties who have refused to work for
11

me simply because of this article and this kind of a re p uta-

12

13 tion .

Q ivho has made commitments to finance your v e nture

14
y ou are te lling us about?
15
A Certain people in the Caribbean .
16
Q Who?
17
A I'm not going to tel l you that. If i t becomes
18
necessary a t trial , if it is up for question , I suppose I
19
wi ll bring thes e people in.
20
Q If there is going to be a trial, it is n e c essary
21
fo r you to establis h a b as is on which to proceed. I a sk
22
you if the basis of the statements in the complaint are
23
true a s to what your income was, and if you are telling
24
me you list spec ific monies , I h ave to ask you to id e ntify
25

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1 S PARK ROW, N . Y. 10036 PHONES: 349 -3106 - 9
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2 which moni e s and from whom.

3 A Time out.

4 (Recess tak e n. )

5 MR. MICHAELS: Ba c k on the record .

6 A My answer to that is I can list three peop le

7 and at the time of the trial . When it b~comes n e ces s ary,

8 I will be very happy to give up tho s e names , but at this

9 point in time , since I have b~en damaged maliciously by

10
Mr . ·w eberman, I have every reason to he lieve those names

I may give you at this point will also be damaqed by Mr.

11

12
Weberman in print and the refore , prior to asking these

13
people if I use their names, I c a nnot give you · their

14
names . However, I will agree that b e fore the month of

February is out, to transmit those name s to you . That is

15
as far as I can go . I can ' t give y ou those p eo ple's names
16
unti l I ask them.
17
Q As a r e sult of the all e gations in the a rticle
18
you a r e compl a ining of, are there a ny other monies that you
19
list?
20
A I think I have already answered that , with re -
.e 21
gard to not being in the marijuana busine ss in 1979 si mply
22
b e cause people don't want to do business with me , based on
23
this article by Weberman .
24
Q Is it your o p inion you have the r ight to be in
25

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15 PARK ROW , N.Y. 10036 PH O NES' 349-31 0 6·9
 1 Eder 66

2 the marijuana business?

3 MR. KAHN: I am going to object to that

4 on the grounds i t calls for an opinion which is

5 not legally material or admissible and therefore

6 it is not relevant to the deposition.

7 Q Your complaint says in paragraph 6 that at the

s time of the events complained of herein, you were self-

9 employed as an entrepreneur and venture capitalist. Are

10 the bases you told us about the extent of your effort as

an entrepreneur and venture capitalist, that is, the pro-

11

12
posed magazine, the opal business, the boat business and

13 the marijuana business? Is that all the businesses you

14 \Vere in?

A Let me state this. That is correct except for

15
the fact that up to th.is point in time, my attorney, Mr.
16
Marc· Kahn, had no idea of the fact I was in the marijuana
17
business. That is the first he learned of that, so we will
18
clear the record.
19
Yes, that is true, other than having losses --
20

• 21

22
I can only think of one loss in the opal business, but I

can think of three losses in the magazine business.

Now, since the money has already been put up

23
on the magazine, I believe that I can prove in a court of
24
law I have in fact been injured in the magazine business.
25

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2 MR. KAHN: For the record, he has also

3 testified earlier that he is involved in the ear

4 business.

• 5

7
Q The businesses you are talking about are in

the proposed magazine business and marijuana business and

the sympathetic ear business? You lost business in the

8 ear

9 A I lost business in every area because social

10 ostracism took place by virtue of this article.

11
Q You say you will do -- You mean by that you

12 have

13 A I think I can prove -- we can prove in a court

14 of law, when we p.it people on the stand, they in fact did

15 not enter into business dealings with me or refused to go

16 ahead with business dealings, agreements we had prior to

this article appearing.

17

18
Q But in 1978 your total income was two or three

hundred dollars; is that correct?

19
A My statement is, here again, my statement is I
20

•
keep no records because I don't intend to pay the govern-
21
ment any taxes on what I earn in any area, so when people
22
ask me how much money I made last year; I generally tell
23
them less than what it costs, less than what the figure is
24
for paying taxes. That is how I figure my income as less
25

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 1 Eder

2 than taxes .

3 Q How much has your income declined since the

4 article was published~

5 A Half.

6 Q Half of what?

7 A The few hundred dollars that I made last yea r.

8 Q Therefore, you are saying your business losses,

9 in yo ur various businesses , come to half of a few hundred

10 dollars?

11
A I a m in a cross here . I am damned if I do and

12 damned if I don't. I ' m stating that because of the Internal

13 Revenue Service having access to what is in fact the publ ic

14 document, which I am dictating at this point , that I don't

wan t to state I made more money than that . My prima ry

15
objection to these lie s that were printed about me is
16
socia l. My attorney , however, tells me that I must show
17
financia l damage in order to make my case stronger . I
18
don ' t care if my case is stronge r or not stronger. Mr .
19
\veberma n malicious ly defame d me in print a nd my s tateme nt
20
is this has hurt me socially much more than i t has hurt
21
me on a business level, which is the purpose .
22
So whatever discussion that you ge t into with
23
regard to my fin a nces is pretty muc h a dead end because we
24
are not going to get anywhere. I am not going to admit to
25

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2 you having made more money than I would have to pay taxes

3 on.

4 I would like to make one point

• 5

7
MR. KAHN: On the record he has already

testified that he has lost business opportunities for

investment in various business ventures which have

8 resulted in lost income opportunity for him in the

9 future as well as present and past.

10 Q How many dollars, approximately, do you feel

11 you lost already as a result of the publication of this

12 article?

13 A I don't know, but I will state this, that I

14 have one person, one of the three people who I will or will

15 not give you the names, depending on whether or not they

16 are willing to give their names up, and one of these people,

17 since the article, refused, changed his mind with regard to

18
investing $100,000 in a magazine. That is a substantial

sum of money.
19
Q What is the name of the magazine you proposed?
20

• 21

22

23
A

A
OUTLAW.

Is that about criminal business?

Yes, .of course. · It is about those outside the

law.
24
Q Did you discuss these losses and your various
25

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 1 Eder / 70
/
J'
L .---
2 busines s los ses and lost oppo rtuniti es with your attorn ey

3 prior to today?

4 MR . KAHN : I am going to objec t to tha t

5 o n the grounds t hat is a confidential matter. That

6 is not subject to y our disclosure . I wi ll ob j ec t t o

7 any lin e of questioning that has to d o with what he

8 has discussed with his attorney , a s I am sure you

9 would.

10 Q I believe you t old us you are a part owner of

11 a company that owns a boat; is tha t correc t?

12 A 'That's correct .

T4 13 Q You are aware, I assume , your complain t state~

14 in paragraph 6 that you were the sole owner of a boat i ng

15 and yachting business?

A Does it s ay that?
16

Q Whic h is correct?
17

A That i s correct , I own more than one boa t.

18

Q How many boats ?

19
A The company I own, sole ly owns a boa t in Ne w
20
York. Okay ?
21
Q Ri ght .
22
A I own a s mal l piece of anoth er company tha t owns
23
another boat in the Caribbean. The company that owns the
24
boat in New York is called Picare sque .
25

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2 Q Is that the ear bu s iness ?

3 A But it also owns a boat .

4 Q Does the ear business use the boat?

- 5

7
A

A
No.

Where is the boat in the Caribbean?

I to ld yo u I won ' t te ll yo u that.

8 Q Do you own any pieces of any other boating

9 businesses?

10 A No.

11 Q How much money did P i caresque make in i ts boa t-

12 ing bus iness i n 1 977, 1978?

13 A Picaresque only came into business in 1978 and

14 it has not earned any money off its boating v e nture.

15 Q What about the other boating bus ine ss in the

Ca ribbean that yo u don ' t wan t to discu s s the l o ca tion of~

16
how much ha s that made ?
17
A The company ?
18
Q Ye s.
19
A I do n't know . Maybe the comp any made f ifty
20
thous and last year b ut I on l y own a s mall piece of that
21
company .
22
Q Yo u didn ' t d e rive a ny income from that ?
23
A Ye s , a f ew do l lars , bu t I don ' t know how much.
24
Q No t much ?
25

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2 A Not much . Again, we are back to the que s tio n

3 of what my f inances are , which could go to the Interna l

4 Reven ue Service and therefore , I d on ' t wan t t o do that

5 and I don ' t want t o lie, but - -

6 Q I understand your pos itio n , but whe n it says

7 in para g rap h 6 you were the o wne r a nd successfu l operator

8 of a boating a nd yachting b usi nes s , doe s that refe r to t he

9 busines s which made no money or the bus iness wh i c h made

10
some money? · Which bus ine ss do e s that refer to that wa s

11
success ful?

12
A If I am the sole owner, that is the business 1

13 that is the successful business . That would h ave to be

14 Pi caresq ue of New York .

Q That made no money from the boating business?

15
A -That's right .
16
Q Do y ou co ntend the a ll egation in paragraph 6
17
t hat yo u were the successful operato r of th i s busines s is
18
meant to re ad t hat in fac t it wa s a money-making business ?
19
A No . The word " success ful" does not mean money-
20
making .
21
Q What do e s it mea n?
22
A It means if is not unsucces sfu l . It is in
23
b usine s s and it is operating a nd it is a succes s . I ce r -
24
tainly do n't wa nt to deal wi th the t erms or the def ini tio n
25

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15 PARK ROW, N .Y. 1003 8 PHO NE S' 349-3108-9
 1 Ede r

2 of the term " succ e ss," b ut su c cess is onlv co nnoted by

3 most l awyer s as being monetary . A sucGessful perso n is

4 not n ecessarily a wea lthy person.

5 Q In paragraph 7 of your complaint i t say s you

6 had a goo d reputat io n for t r uthfuln ess , worthiness an d

7 good characte r. Which group of peop l e held that opinio n

8 of you?

9 A Outl a ws .

10 Q So you mean , whe n you say a mong your fri ends

11
and business associates , in paragraph 7 , you mean other

12 peop le involved in violating the marijuana law previous l y

13 held y ou in high e steem?

14 A That is corre ct .

Q Are yo u talking abo ut anybody e l s e ?

15
A I ' m talking about peo ple outside . of t hat, a s
16
we l l.
17
Q Who are t he peop l e that h e ld this opinion of
18
yo u?
19
]'\ Outside t h e mari juana bus i nes s1
20
Q Inside or outs ide , would you te ll us who i t is
21
tha t you be lieve fe lt you h ad a goo d reputatio n for truth-
22
fulness , worthiness a nd goo d character ?
23
A Almost everyone I knew .
24
Q Most of the people yo u kne w were in t he
25

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2 marijuana business, I guess; is that true?

3 A No, not most of them. I would say --

4 Q l"lhat you are really complaining about in this

• 5

7
case is the loss of faith of the people in the marijuana

business who previously believed you were an honest out-

law and came to believe, through the article

8 A That is only part of it. The other part is

9 the people that come in contact with me on an every day

10 basis . I want i t clear that no matter what my complaint

11 says, my complaint was drawn by my attorney.

12 Q Do you agree with it? Is it true?

13 A Yes, i t is true but it is not the main thrust

of my argument. The main thrust of my argument is this

15 man maliciously called me a government informant and the

society in which we live, a government informant is a man

16
who puts another man in prison for himself and is looked
17
upon as a piranha, and that is the thrust of my argument
18
here. All the rest of it, you are just killing time here
19
by David Michaels going through the garbage. You are going
20

•
through sheer nugatory verbiage in an attempt to maybe
21
justify your fee, I don't know, but whatever the point is,
22
you are not touching on any of the real things. The real
23
thing is this man maliciously attempted to hurt me in print
24
and he did so with lies and that is what I am fighting. He
25

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tells me I have to show financial danages.

G
3 Q You are referring to your attorney?

4 A My attorney tells me I have to show financial

• 5

7
damages. I am saying that may be the case, but as things

stand, it is difficult for me to show financial damages,

but it is going to be very easy for me t.o show I was

8 damaged socially.

9 Q In fact, isn't it impossible for you to show

10 financial damage?

11 MR. KAHN: Objection.

12 A It's very easy for me to show financial damage

13 with the magazine venture. I have one person, if he is

14 willing to let me use his name, willing to step forth in

15 this case, one person who is willing to state that two days

r after this article appeared in The Village Voice, he called

16

17
me up and told me, "Hey, Chic, forget it."

18 Q So what you are telling us is in fact that you

19 may or may not be able to show financial damages, but your

20 real concern is

•
MR. KAHN: Objection. He already stated
21
he can show financial damages.
22
A The prime thrust is not financial damage. The
23
prime thrust of my case is I have been damaged on a social
24
level and maliciously, through liable, so we can save a lot
25

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2 of time. My case is, this is what I assume discovery is

3 all about, and taking a deposition for discovery is to

4 find out what I am stating. My case against Weberman, my

•• 5

6
case against Weberman is simply I stopped selling him

marijuana. I sold Weberman marijuana for resale and sold

7 it to him in quantities for resale and I stopped selling

8 him marijuana for resale in quantity and therefore, he

9 maliciously attacked me in a newspaper and deliberately

10 lied and maliciously attacked me in this publication and

11 I have been damaged by that on a social level as well as

12 a financial level.

13 Q Isn't i t true that most of the financial losses

14 you are claiming are losses to your marijuana business?

15
A I don't want to say most or least or anything.

16 I am saying I have been hurt in the marijuana business and

I have also been hurt in the magazine business and also

17
been hurt in the opal business and I am stating that is
18
what is going on here. I don't want to play any games.
19
To continue what I am trying to say, Mr.
20

• 21

22

23
Michaels, is I feel you are putting up a smoke screen.

this point, what we are dealing with is the fact that I have

been damaged. My contention is I have been damaged malici-

At

ously by A. J. Weberman, socially primarily and business

24
secondarily.
25

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2 Do you want to deal with it based on that

3 open and honest statement?

4 Q I will deal with the questions. You deal with

• 7
5

6
the answers and that is the format for today, if that is

all right with you.

A Right on.

8 Q I want to show you an exhibit attached to your

9 plaintiff's complaint in this action, that being a photo-

10 copy of The Village Voice concerning an article. My ques-

11 tion is whether this in fact is the article you are com-

12 plaining about?

13 A Yes, that is it.

14 Q Does it say within that article that you were

15 a DEA informant?

16 A I believe the words·are "high level EDA ... "

17 MR. KAHN: I object to any questions with-

18 out showing him a copy of the article, so we know what

19 you are talking about.

20 A That's the article. Now, it's right here.

Go ahead, what is your question?

21
Q It says within the article you were a DEA in-
22
formant?
23
A No, it doesn't. It says based on the testimony
24
of Chic Eder, a high level informant.
25

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2 Q Were you or were you not in the limite d work

3 with tha t agency , which you have described to us , a high

.. 4

6
le ve l info rmant ?

A Aga in , at such time as you q uestion a DEA age nt

with regard t o what t heir levels are , you might be ab le to

7 ascertai n wheth e r i t is a hi g h leve l or low level. Okay?

8 Q Did you not tel l us before that security of

9 their personnel and the ir information was a very impor t a nt

10 priority for that agency?

11 A Yes, I stated that the only two things they

12 were more concerned with than arrest and conviction .we re

13 those two factors . Aga in, a s to whether it is a high l eve l

14 DEA info r man t , I a m not arguing the po int. I did do busi-

15 ness with the Drug Enfo rcement Administratio n and I am n ot

16
arguing that po int at all .

Q You conc e d iWi~

;"'-in fact?
17
A Of cour s e I have . The point is , now, the poin t
18
you are belaboring is high l eve l . I have a n swered the ques -
19
tion that I c a nnot state what l evel I was . V 0 u will h ave
20
to ask the DEA . Okay?
21
Q Fine. Yvhere in that articl e do y ou find an
22
a ll egation that you receive d fin anc ial rewards for informing
23
o n Tom Forcade ? Would yo u poi n t out the place in tha t
24
artic le wh ere it is stated and i mp lie d ?
25

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 1 Eder 79

2 A It states it negatively. There is an inference.

3 By use of informant, there is inferred in that the fact of

4 payment by the government.

•· 5

7
Q In fact, monetary payment? In fact, when you

were a DEA informant, what you received by way of considera-

tion was your release from jail; is that not true?

8 A That is not true. What I received was a quash-

9 ing of a case against me.

Q ~ot financial reward?

10
A Not financial.
11

12
Q In fact, you know informants are also rewarded

13 in nonfinancial ways?

14
A No question about it. l\That we are stating,

again, is inferred in that is the payment from the govern-

15
ment.
16
Q Simply by use of the word "informant"?
17
A Yes. It is my contention that is inferred by ·
18
a greater number of people.
19
Q In fact, you never gave the government any
20

•
false information on Tom Forcade because you never gave
21
them any information on Tom Forcade; is that correct?
22
A That's correct.
23

I
Q Where in that article do you find any inference
24
that you gave any false information against Tom Forcade?
25

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2 A Excuse me. Le t me try this aga in .

3 Aga in, you are getting cute, and I a m not

4 talking abou t your face . It says h ere in 1977 a Fe dera l

5 grand jur y in Brooklyn b egan a n inves tigation c o n c erning

6 Tom Forcade . That part of it ; that is a quote and tha t

7 part of it has nothing to do with me , w~ether th e y started

8 a n invest igation or not is not none of my bus iness .

9 Q Do you know whether that is true ?

10 A No , I don ' t know whether tha t is true . The

11 n e xt part says, " Based on testimo ny of Chic Eder ..• ", I

12 am not sure of the l ega l definition of lega l testimony

13 but I know wha t p e ople believe testimony is and testimony

14 is that yo u s wear or y ou give info rma tion aga inst some-

I

15 body. You testify aga ins t someone and I am stating that

16 categorical ly, at no time have I ever testified fo r ·a

17
gr and jury in New York or for that matter , t o the best of

18
my knowl e dge , anywhere . Okay? So that is my c ontentio n.

19
You are trying to dea l with a hi gh level DEA informa nt and

20
I want to d e a l with t he cr ux of the case , which is based o n

- 21

22

23
the testimony of Chic Eder .

You' re s tating -- I'm saying in co urt - -

t o state in cour t that Weberman h as sa id that I have give n

I want

testimony in a Brookl y n Federal grand jury in 1977 and I

24
am stating that is the basis of my case , that I h a ve no t
25

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15 PARK ROW, N . Y. 10039 PH ONES ' 349-3 1 08-9
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2
Eder

given testimony against Forcade or anybody else or any

GJ
3 grand jury or any other place. So if you want to -- My

4 question to you is, have we dealt with high level DEA in-

• 5

7
formant?

Q My question to you, sir, is whether the allega-

tion of paragraph 10 (b) of your complaint is true? That

8 allegation says the article included, at least by the

9 understanding of a reader, that you laid a false charge.

10 So I am asking you where in the article do you find any

11 allegation of falsity?

12 MR. KAHN: Excuse me --

13 A I did not give any testimony, so we may have

l4 made an error in that with regard to false testimony. I

15 haven't given any testimony.

16 MR. KAHN: You are asking Mr. Eder to

17
address certain things

18
MR. MICHAELS: I am asking if his com-

plaint is true and --

19
MR. KAHN: I think his answer is yes.
20

•
Off the record .
21
(Discussion off the record.)
22
MR. MICHAELS: Back on the record.
23
Q Paragraph lO(b) of the complaint says that the
24
reasonable inference from the article you are complaining
25

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about was that yo u laid a f al s e info r ma tion againu

3 Forcade . Is that your position today or is it you r pos i-

4 tion t hat the in ference here that you are comp l ai ning of ,

5 that you gave any informa tion, true or fa l s e - -

6 A It should be both .

7 Q Where do you find any inference f r om the

8 ar ticle that you gave false information?

9 A I don't .

10 Q I'm sorry?

11 A But I think my attorney does.

12 Off the r e cord .

13 ( Discussion off the re cord.)

14 MR . KAHN : Back on the record .

15 A I don ' t know what is go ing on , whet h e r i t

16 should be fals·e info rmat ion , using the term as he is

17
using it and information as o pposed to a n in<lictment i n

18 a criminal proceedin g . I don ' t kn ow wh e th e r he is do ing

19 that .

MR. I<AHN : I am indicating 'i:he term us e d

20
in those two paragra p hs, lO(b ) and (c), are used as
e 21
a term of art to describe a l egal proceedi n g i nvo lv-
22
ing an invest i ga tion , an d h e is n o t qual i fied to
23
discuss it as a term of art .
24
MR. MICHAELS : Is the word " f a l se " a term
25

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 1 Eder 83

2 of art?

3 MR. KAHN: Yes, the word ''false,'' in

4 connection with the criminal information, is a term

• 5

7
of art.

MR. MICHAELS: What do you define that

to mean, for the purposes of subparagraph lO(b)?

8 MR. Y-AHN: I am suggesting that means

9 that the inferences from this article are that he

10 went to a grand jury and stimulated an information

11 of Forcade for some criminal activity for which the

12 grand jury was sitting; and the implication through-

13 out the article was that any charges he might have

14 leveled against Forcade would have been false and

15
therefore he placed a false information against

Forcade.
16
MR. MICHAELS: Where in the article do
17
you find the.basis for the inferences? What word
18

suggests falsity?
19
MR. KAHN: The entire paragraph in which
20

•
that statement appears .
21
Off the record.
22
(Discussion off the record.)
23
THE WITNESS: On the record. My con-
24
tention is that I have at no time testified against
25

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 1 Eder 84

2 Forcade in anything much less than a Brooklyn grand

3 jury. My attorney may or may not be mistaken in the

4 use of the term "false." It has nothing to do with

• 5

6
my complaint. My complaint is, I did not testify at

all and he has claimed that I have testified and that

7 is where the falseness lies, as far as I am concerned.

8 BY MR. MICHAELS:

9 Q Your complaint says in paragraph lO(d), your

10 complaint includes a statement that the article you complain

11 about has, as one of its reasonable inferences for the

12 average reader, that you were responsible for causing an

13 airplane crash in which one Jack Combs

14 A It doesn't say that in the article. There is

15 just a Jack, not Combs. At that time, my contention is,

16 Mr. Weberman did· not know the last name. He certainly

didn't know where Jack crashed.

17

18 Q When you say in your complaint that the article

19 that you are complaining about says that you caused the

20 plane crash, I am asking where in the article do you find

• 21

22

23
that?

A It is implied.

MR. KAHN: I will answer that for him

because the article itself is ripe with inferences.

24
Tom Forcade was the object of various forms of
25

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 1 Eder 85

2 government harassment and persecution and all aspects

3 of government that had anything to do with the law

4 enforcement and linking Mr. Eder's name to the EDA,

5 in the sense he was allegedly responsible for in-

6 stituting an investigation in testifying against

7 him, Mr. Forcade, at the grand jury and linking his

8 association to the DEA, to the insertion of the

9 article that Tom told Mr. Weberman that he believed

10 the DEA Special Operations Division may have sabotaged

11
Jack's aircraft, would suggest to an average reader,

12 reading the entire article fairly, that Mr. Eder was

13 somehow tied into this and responsible for this.

14 Q The Jack is Jack someone else?

A Ask him. I didn't write the article, he did.

15
Q Did you ever have any contact with DEA's Special
16
Operations Division?
17
A No, I have never had any contact, except with
18
one person in DEA.
19
Q Who is that?
20

• 21

22
A I don't remember his name but I certainly will

call the DEA and find out about it before the case closes.

Do you know?
23
Q You mean to say you gave --
24
A His name is Don. One primary person with whom
25

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 1 Eder 86

2 I dealt was Don.

3 Q There are other people you dealt with?

4 A There are other people in the room, I suppose,

5 at various times the discussions went down, but I was only

6 doing business with one guy.

7 Q Doing business was the arrangement with regard

8 to their telephone security and computer security?

9 A No. Computer security. 'rhe other had nothing

10 to do with that agency.

11 Q Had to do with another agency?

12 A The Federal Bureau of Investigation.

13 Q Whom did you deal with there?

14 A Tom, on the West Coast.

15 Q Do you know his name?

16 A Yes. Tom.

17
Q Do you know his last name?

18
A No, but I have it written down somewhere.

19
Q Would-you be willing to disclose that to us?

20
A Undoubtedly, since I am probably going to ask

• 21

22
the man to testify .

Q Where do you find, in the article you are com-

plaining about, any allegation that you caused Mr. Forcade's

23
death?
24
A Let me put it this 1·ray: I don't need a la1·.'Yer
25 .

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 1 Eder 87

2 for that. Going on beyond this, I will start at the be-

3 ginning of the paragraph and this is one paragraph.

4 "In 1977, a Federal grand jury in Brooklyn began

• 5

7
an investigation concerning Tom Forcade, based on the tes-

timony of Chic Eder, a high level DEA, who has been charac-

terized as Mr. Marijuana in several magazine articles." The

3 very next sentence, "The pressure began to build and Tom

9 started going into periods of extreme depression. He would

10 assume a fetal position, cover himself with a sheet, and

remain like that for days."

11

12
It goes on to state he at one point,'' he took

13 an overdose of Qualudes and stumbled over to Gabriel Schang'

14 apartment where he collapsed. Gabriel and her friend,.

Jim Turgus, who worked in Tom's book store across from

15
Gabriel's apartment, took him to Bellevue where his
16
stomach was pumped. "
17
This is stated in one paragraph. That my
18
testimony -- I am reading from this paragraph that my
19
testimony was in fact directly responsible for Tom's
20

••
death .
21
Q That is the paragraph that you find leads the
22
reader to believe you were directly responsible for his
23
death?.
24
A That is correct.
25

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 1 Ed er

2 Q Paragraph 17, you state that you were injured

3 t o the sum of $1 million .

4 How do you compute t hat?

5 A Because I assume the o n e hundre d t ho usand that

6 fellow wa s will in g to p ut into my magazine wo uld ha v e made

7 at l eas t $ 1 million by the end of the year.

8 Q That is the basis for tha t ca l cu l atio n?

9 A Tha t's ri ght.

10 Q What makes you think that Mr . Ryan,· Mis s

11 Partridge, Mr. Mu rdoch and The Village Vo i ce , Inc. were

12 so lely motivate d by animosi ty and hatre d fo r yo u? Para-

13 graph 21.

14 A We ll, I a m not sayi n g that. I do n't know what

15 my lawyer wrote h ere. My statemen t is - -

16 MR . KAHN : Off the reco rd.

17
(Discuss ion off the r e cord .)

18
.MR . I<AHN : Back on the record.

19 A My statement is that A. J . Weberman was

20
mo ti vated by an imosity a nd hatred fo r the p l aint i ff a nd

I f ee l the o t h e r defendant s in the c ase had , the other

21
defendants in the c as e did not c h eck the veracity of A. J.
22
Weberman's story and they have, based o n A. J. Weberrna n's
23
repu tation in the world of journalis m or in t h e l iterary
24
wor ld and o n certa in other thi ng s tha t ar e widely known
25

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 ~'
l Eder

2 in the publishing industry, with regard to his

3 and with regard to his journalistic credibility, they

4 should have checked A. J. Weberman extremely close before

• 5

7
printing anything that A. J. Weberman might have submitted.

Q Would you now withdraw the allegation of para-

graph 21 that the other defendants, The Village Voice, Inc.,

8 Ryan and Partridge and Murdoch were solely motivated by

9 animosity and hatred for you and their sole purpose for

10 publishing was to injure you and cause distress?

11 MR. KAHN: The response to the question

12 is no.

13 Off the record.

14 (Discussion off the record.)

15 MR. MICHAELS: Back on the record.

16
Q Whether in fact the allegation of paragraph 21

of the· complaint is tended to relate only to the defendant

17

18 Weberman or whether you wou].d amend it to delete the

allegation of malicious animosity and hatred presented by

19
the other defendants, that is the question.
20

•
A Yes, I would like to amend my statement.
21
Q You mean the complaint?
22
A Amend this complaint so paragraph 21 only deals
23
with the defendant Weberman in this case. I'm sorry, there
24
is an error in this case and the error is mine for not
25

BLITZ REPORTING CO.

15 PARK ROW, N.Y. 1003B PHONES: 349-3108-9
 1
Eder
2
having properly communicated this to my a tt orne y.
3
think Weberman acted in this manner.
4
I feel in paragraph 22 --
5
MR. KAHN: Off the record.
6
(Discuss ion off the record.)
7
MR KAHN: On the record.
8
THE WITNESS: Th ere seems to
9 be a lack of communicati on on my part with my

10 att orney.

11 On paragraph 21, I do not honestly

12 believe that the defendants were solely motivated

13 by malicious animosity and hatred.

14 I believe A. J. We b e rman is t he s ingle

15 defendant who was motivated by malicious animosity

16 a nd hatred. The rest of paragraph 21 should only

17 read A . . J. Weberrnan. I don't h onest ly be li eve there

18 wa s a ny conspiracy afoot,

19 I don't think Weberrnan went to thes e

20 people at The Vill age Voice and said, 11

Let 's ge t

21 Chic Eder." And I think he went to The Village

22 Voice an d sold them on this article an d happened

23 to get them to go along with his program to

maliciously ge t me in print.
24

25

BLITZ REPORTING CO.

1S PARK ROW. N.Y. 1 0038 PHONES' 349 - 3 1 0 8 - 9
 1 Eder 91
2 My argument is at this point that I would

3 like to make a statement for .the record, on paragraph

4 21: It is only A. J. Weberman whose motivation was

• 5

7
this.

On paragraph 22, I am going to ask my

attorney, on paragraphs 22 and 23, to delete the

8 conspiracy simply because I don't believe a con-

9 spiracy did in fact exist.

10 My attorney is concerned with the fact

11 that I say this on the record and that some judge

12 might look at that and say that if he is so willing

13 to amend, 1·1ha t is going on here. What is going on

14 here is the mistake is mine. I allowed this to go

15 into the court in this manner, without having read

16 it. I don't believe 22 and 23 are valid. My attorney

did at that time. Since we went in the other room

17

and discussed it, I don't. He still feels there may

18
have been something in that area, but I feel if I
19
leave this complaint as it stands, Mr. Michaels,
20

•
being a lawyer, will make a big issue out of this
21
rather than what the real issue is. lve gave him an
22
issue that allows it to be clouded. I don't want to
23

I
deal with that. I want to change paragraph 21 to
24
read solely A. J. Weberman and 22 and 23 I want to
25

BLITZ REPORTING CO.

15 PARK RO\V, N.Y. 10038 PHONES: 349-3108-9
 1 Eder 92

2 delete. That is all I am saying.

\
3 Q It may be somewhat irregular, so let me commend

4 you for answering candidly .and for allowing us to clarify

• 5

6
this.

When I previously inquired to your attorney

7 what the complaint was about, he told me he was unwilling

8 to answer the question and that we would have to wait until

9 today to find out.

10 I commend you that when it was brought to your

11 attention, that you correct it so we can concentrate on

12 the real issue.

13 A I don't want to cloud the real case with a

l
l4 false case.

15 Q On paragraph 24 it states you sustained actual

16 damages of a million dollars ask for a quarter of a million

in punitive damages because of the conspiracy between A. J.

17

18
h'eberman and The Village Voice and.the other defendants.

19
Would it be your statement that in fact para-

20
graph 24 therefore would have to be amended also?

• 21

22

23
spiracy.
A

Q
Paragraph 24 has nothing to do with the con-

Is that the same $1 million you were telling

us about before that you hoped and expected would be pro-

24
duced from the $100,000 through the publishing?
25

BLITZ REPORTING CO.

1 S PARK ROVI, N.Y. 10038 PHONES: 349-3108·9
 1
93
2 A No, this is injury a nd damage .

3 Q How did you comp ute the $ 1 mi llion in paragraph

4 24 ?

5 A One mil l io n is based on the million I wo uld

6 have made with t h e ma gaz ine, and the o th e r one is d amages.

7 That is wha t we are t alking about in pa rag raph 24 .

8 Q Excuse me , I am not clea r abo ut wh a t your

9 answer is .

10 The mi llion dollars that are asked .for ~n

11 paragraph 17 you have told us was money yo u would have

12 ho pe d to make f rom a magazi ne venture wh ich was effecti ve ly

13 killed by the p ublication of this article?

14 A That's correct .

15 Q The million doll ar s on paragraph 24 , wha t

16 million dolla rs is i t that you a ctually lo s t thers; is i t

the same?
17
A Th ere are two mill io ns o n paragraph 24.
18
Q I a m ta lking abou t th e actual damage all ega tion ,
19
not t he pun itive alle0ation .
20

A The first actual l y wa s the millio n dollars I

21
assume d I wou ld h ave made with the magazine and no t lost
22
the $100 , 000 investor .
23
Q That is for paragraph 17 or 24 or are they t he
24
s ame ? I am trying to clarify if i t is the same million
25

BLI TZ REPORTING CO.

15 P ARK ROW . N.Y. 1003 6 PHON E: S ' 349-3106-9
 1 Eder 94

2 dollars or a different d amage you sustained?

3 A The same one. l

4 MR. KAHN : Off the record .

5 (Di scuss ion off the record . )

6 MR. MICHAELS : Ba~k on the record.

7 Q In line with what you have told us to clarify

8 the accuracy of the complaint, wo uld I be correct in be-

9 lieving you wou ld also wish to make certain changes within

10 paragraph 6 which charges that each of the defendants did

11 unlawfully plan, plot and conspire between themse lves to

12 publish false, liable and defamatory stateme nts? Is i t

13 each of the defendants that unlawfully conspire d to do

14 that or only Mr . Weberman?

15 A Paragraph 6?

16 Q Twenty-six , I am sorry.

A Twenty-six . I think 26 has to remain .

17

18 MR . KAHN: Off the record .

19 (Discussion off the record . )

MR . KAHN : On the record .

20
Th e answe r to the question is no .
21

22

23
A We do not wish to change it for this re a son .

Tell him t he reason.

'
MR . KAHN: Because our present bel ief
24

25
is tha t the defendan ts did plan to pub li s h and di d

BLITZ REPORT I NG CO.

I
\5 PARK ROW. N . Y. \ 0 038 PHONES' 3 49 - 3 \0B-9
 1 Eder 95

2 in fact publish, in The Village Voice, the false,

3 malicious statement.

4 Q Referring again to paragraph 26; is it your

• 5

7
belief that each of the other defendants conspired bet1veen

themselves to intentionally publish false information?

A If you are asking me whether I believe they

s sat down with A. J. Weberman and said, "Let's go get this

9 guy," if I believed that, I thought

10 Q ·You do believe the word "conspiracy" in para-

graph 26?
11

12
A However, if my attorney said, if they sat down

13 with Weberman and talked with Weberman in regard to this

14 and checked it and did not check it that is a lawyer's

15
argument and I will let the lawyers argue. My point is --

I want it clear. This is my deposition here -- I feel the

16
other defendants I feel A. J. Weberman has maliciously
17
attempted to attack me in this situation and these people
18
either actively
19
Q You mean the other defendants?
20

•
A The other defendants in the case either

l
21
actively or passively conspired to go along with his pro-
22
gram, to allow --
23
Q Are you claiming they knew the information was
24
false or.they fail~d·to check wh~n they should have?
25

BLITZ REPORTING CO.

15 PARK ROW, N.Y. 10038 · PHONES: 349-3106-9
 1 Eder r;; 6·)
~./
2 A What I am saying here -- Off the re cord.

3 (Discussion off the record . )

4 MR. MICHAELS: Back on the r ecord.

5 Q Ar e you claiming that The Village Voice con-

6 spired to

7 MR. KAHN: The claim is - -

8 MR. MICHAELS: Unl e ss you are going on

9 under oath , I ha v e to ask the witness .

10 A I can ' t say under oath I know they cons pire d

11 in the s e nse of the word. I know they conspire d t o be --

12 What I am s a ying is, my fe e ling inhere nt in this para graph

13 26 is the fact that they did publish this information and

14 if they didn't know that i t was fal s e, they sh o uld have

15 known it was false so they s hould at l east , s h ould have

16
checked it prior to having it published.

Q Thank you.
17

A Nex t?
18

Q i·mere do you find in the article publishe d by

19
The Vill age Voice that t his whole c as e conc e rns -- ~vh e re
20
do y ou firid t he s tat e me nt or implica tion t h at you committed
.e 21
perjury b e for e a g ra nd jury, a s all eged in Ar ticle 28?
22
A I don't find that .
23
Q Whe re do you find the all egation that y ou con -
24
s pired to murder Forcade's fri e nd J a ck?
25

B LI TZ REPORTING CO.
15 PARK ROW . N.Y. 10036 PH O NES: 34 9-310 6- 9
 1 Eiler 97

2 A I think t hat is inherent in the re. We have

I
3 answered that question.

4 Q Wh ere do you find the a ll egation tha t you con-

6
spired to commit a burglary at Forcade ' s a partment?

A S a me thing .
I
7 Q Where do you find in this artic l e a ny accusa-

8 tion that you committed any crime?

9 Paragraph 29 of t he comp laint refers to a n

10 al l egation within the article of your criminal conduct a nd

11 I am ask ing you what words in the artic le seem to you to

12 be indicative of an accusation that you committed a c r ime ?

13 A That is inherent in there, when he is talking

14 abou t me a s being Mr . -- First of all, I see it. I can

15 agr ee with that . As soon as he talks about me be i ng Mr .

16 Mar ij u a na , the magazine article , with regard to that , dealt

17 with that criminal conduct.

18 Q In other words , the crimina l conduct p h ra se

19 within paragraph 29 refers to marijuana v e ntures and not

20 t o a ny alle g ation in the story that you committe d a perjury

before a grand jury, c a used the cra s h of an airplane,

21
murder or burglary or anything else ?
22
MR. KAHN : Off the r e cord .
23
(Discus sion off the record .)
24
A On the record. It states in this a rticle that -
25

BLITZ REPORT ING C O.

15 P A RK ROW . N.Y. 1 0038 PHONES: 349-3106-9
 1 Eder 98

2 The article puts me and the DEA as synonymous . The

3 art icle further states that Weberman believed the DEA

4 burgled Forcade's apartmen t and the DEA caus e d the d e ath

5 of J ack. So if I am , in fact, if I am seen as being part

6 of the DEA, then the inference is I also wa s part of tha t.

7 Q Where it says in paragraph 29 tha t the accusa-

8 tions of criminal conduct that you infer from t he art icle

9 were published by the defe ndants -- I believe the word

10 should · rea d "malice," in that they we re publi shed with

11 knowledg~ of their falsity or serious doubts as to their

12 truth . Do you intend to allege that The Village Voice,

13 Ryan, Murdoch and Partridge h ave actua l malice a nd knew

14 the statements were false or had serious doubts as to

15 their truth?

16
A Yes , I mean that p a rt. Yes , that is definite .

17 Q As a result of this article you claim in para-

18 graph 30 that you were held up a nd expos ed to p ublic con-

temp t.
19

20 Are you speaki ng about the a r tic le itself or

about some other expos ure to public contempt and scorn and
21
ridicule that resu lte d from the article?
22
A That is what I a m talking ahout .
23
Q Do you me an by this art icle or by something
24
else that resulted from the article?
25

B LITZ REPORTING CO.

1.5 PARK ROW. N.Y. 10038 PHONES: 349-3 108- 9
 1 Eder 99

2 A I don ' t know what yo u are t alking abo ut.

3 Q I will rephrase the que st ion.

4 Were you saying in paragraph 30 that you wer e

5 held up a n d e x posed t o public contempt , scorn and r i d icul e ?

6 Do yo u mean by the pub licat i o n of this article or do you

7 mea n t he publication of this article caused some other

8 humili ating even t to occur and caused p e ople to scorn and

9 condemn you ?

10 A The l atte r. The publ ication of the arti cle

11
ca u sed it.

12 Q From whom did c on t empt and scorn and ridicule

13 come ?

14 A My contemporaries ; my peers .

15 Q Was the re any particula r perso n that expresse d

scorn, contempt and r i dicu l e , b e s ides the ones you h ave

16
already told us abo ut ?
17
A Numero us people . Enou g h s o this is a val id
18
paragraph. Mayb e ten, f i ft e e n, twenty p e ople .
19
Q Could yo u gi v e us the n a mes that e x pre s se d that ?
20
A Here in New York City?
21
Q Anywh e re .
22
A Yes . I can give you name s ri ght away , without
23
any troub l e. Char l es B. Klein, Mr . John Farrell , Caro l
24
Tacher , an d given time , I wi ll come up wi th a list of the s e
25

B LIT Z REPORTING CO.

15 PARK ROW. N .Y. 1 0038 PH O NES: 349·3 1 08- 9
 1

2 peop le.
Ec'le r

At t he time of our trial , we wil l suhpo~na a nd

GJ
3 put t h es e people on the stand a nd you will be a ble to

4 cross exami ne them , Mr. Michaels .

5 Q In the same paragraph you c laim you suffered

6 grave and i rreput ab le injury a nd s uff ered grea t emotio nal

7 distres s and anguish.

8 Can yo u t e ll us to what exte nt you have s u ffered

9 A Wel l, y e s . I don't have any sca le fo r psychic

10 · d a ma g e.

11 Q Have y ou found it necessary t o see med i ca l

12 or psychiatric t reatme nt?

13 A No.

Q You are s~eaking the n about the injury to your

14
fee lin g s?
15
A My emotions . Emotional dist.re s s ano anguis h.
16
That paragraph stand s.
17
Q 'l'he grave a nd irrep utable injury to your pro-
18
fess ion a l houor that you speak of in that paragraph, is
19
t hat i n your profession as a n outlaw?
20
A In my profession a s a n outlaw and wou ld-be
21
maga zine publ ication, as we ll as any other ventures I mi gh t
22
be in.
23
Q Paragraph 31 , again , asks for $1 mi llion in
24
actual damage s a n d a f u rth er million in punitive damages .
25

BLITZ REPORT ING CO.

15 PARK ROW, N.Y. 10038 PHONES : 349 - 3 1 08-9
 1 Eder 101

2 Is that the same million dollars that you l ost or is th is

3 a n allegation that y ou lost a n addit ional million?

4 A One million is fine with me .

5 Q It is the same million dollars?

6 A Yes.

7 Q Fine . Para grap h 36 aga in claims $1 mi llio n

8 in actual damages a nd $1 million in puni tive damages .

9 Is it the same million that we have a lready

10
heard about ?

11
A Are we padding this bill? Because if we a re,

12 thi s bill is a million. Do we have to ? It is the s ame

13 mi llion .

14 Q At paragraph 38 where you state that th e de-

fendants acted in a vicious, ma li cious and intentional

15
manner wi t h the sole p urpose of injur ing y ou, did you mean
16
that to app ly to all defe nd ant s or o nly defendant Weberman ?
17
A I thi nk f or th e time being we will let it app ly
18
to all defenda nts until such time -- we will al l ow tha t
19
because I think tha t might have been vicious, maliciou s
20
and intenti ona l , since my beli e f i s they didn ' t have t o
21
al l ow t ha t to be printed and by a llowing that to be prin ted,
22
they acted in a vicious and malicious and in tent iona l
23
manne r .
24
Q In paragraph 39, where you request punitive
25

BLITZ REPORT I NG CO.

15 P AR K ROW, N .Y. 1 003 8 PHONES' 349-3108-9
 1 Eder 102

2 damages in the amount of $3 mil lion , is that duplication

3 of the previous claims for mo ney or is that a sepa rate

4 claim?

5 MR . KAIIN : That is a separate claim .

6 A That is a sepa rate claim, my lawyer says.

7 Q How was that figure computed ?

8 MR. KAHN : Do you want it on t h e record ?

9 MR . MICHAELS: Yes .

10 MR. KAHN: The fi g ure for puniti ve

damages does n't have to be computed .

11

12 Q Mr . Eder, have you given various interviews

13 to reporters concerni ng your history as a n outlaw?

14
A Yes.

Q Have you done that with the knowledge that it

15
would resu lt in publication of that . history?
16
A Yes .
17
Q In fact , haven ' t you sought the title and
18
identified yourself as Mr . Marijuana ?
19
A No , I h ave not identified myself as Mr .
20
Marijuana .
21
Q Have yo u ever been called that in print that
22
you know of?
23
A Yes, I have been ca lled ~lat in print.
24
Q Were you called that in print by reporters that
25

BLITZ REPORTING co_

15 PARK R OW. N.Y . 10038 PHONES: 349-3108-9
 1 Eder 103

2 yo u h a d give n informat i o n to vo luntar ily ?

3 A No. I don't b e li eve s o, unless Goldma n may

4 ha v e ca lled me that at some time, but I don't think s o.

5 Q Yo u have appear e d o n t he front page of New

6 York Magaz ine?

7 A I wa s a cove r boy.

8 Q Isn't it true your reputation a s a n outlaw

9 produced publicity you felt was ben e ficial to you ?

10 A Mos t definitely .

11 Q Isn't i t true you have admitted many times ,

12 fo r publ ication, your invol vement as a n ou t law in marijuana

13 smuggling v e ntu re s?

14 A No, that is not t r ue.

15 Q You hav e spoken out abo ut your f eeling s abo ut

16 the marij uana l aws for publication purposes ?

17
A Most definitely.

18 Q Yo u h ave done s o with t h e i dea of h e lping to

19 influence the public to take a more ra tional view with re-

20
gard to the l aw ; i s n't t h a t correct?

A I will agree with that -.

21
Q Did you eve r sell phone fraud d e vic e s?
22
A Yes.
23
Q How many times ?
24
A How many times did I sel l them?
25

BLITZ REPORTING co_

15 PARK R OW . N.Y . 10038 PH O N E S : 349 -3 108 - 9
 1 Eder 104
2 Q Yes .

3 A Twen ty, fifty . Fifty is a good figure , a p-

4 proximately.
J
5 Q Did y ou eve r wa rn smugg l ers abo ut Coast Guard

6 inves ti ga tions in orde r t o help them evade capture ?

7 A That's correct.

8 Q How many t i mes ?

9 A Every time I ever g ot the info rmation.

10 Q How many times might that be , approximate ly?

11
A At l eas t t e n.

12 Q Is it true you were n ame d a nd i ndic ted as co-

13 cons pirator in a recent a rres t of approximately t e n perso ns

14 in New J ersey on drug charges?

15 A That is not true , to my know l e d g e .

16 Q Have you eve r bee n n amed and ind icted as c o-

conspirator i n any indictment yo u know of?

17

18
A No . May I as k the l ocatio n in Ne w Jersey ?

19 Q Le t's l eave the poin t for a mome nt.

In fact , in the various times you have spoke n

20
to reporters or spoke n with the know l e d ge that your word s
21
migh t be publishe d, h aven ' t y ou sou g ht to ma ke yourse lf
22
a public fi g u re on the mar ijuana i ssue?
23
A No , it just happened that way .
24
Q Haven't you sou g ht to make yourse lf k n own a s
25

BLITZ REPORTING CO.

15 PARK ROW . N .Y . 1 003 6 PHONES : 3"9-3106- 9
 1 Ede r 105

2 a n impo r ta nt person in t h e ma r iju a na outl~w hu s in csses ?

3 A No . In f a ct, I do just the oppo s ite. In

4 bo t h a r ticl e s that were writte n in NEW YORK MAGAZINE , the

·e 5 exa ct oppo s i te of t hat.

6 Q Can you explain what you me an?

7 A Don't have t o . Yo u as ked me a ~ u es tion a nd

8 I an s we red y our que s tion . I intended to do t he o p po s ite .

9 The big ma n is like o ne of the big money g uys. The f irst

10 article a bout New York, we jus t d e alt with the New York

dope scene on a s mRll l e vel. On the s e con d l eve l, we

11

12 d e alt with s mu gg ling from Col o mbia . It wa s r e ally a n

13 a rticle a bout how ine pt we were in that. I b e li e v e j u st

14 the o pposi t e would be the cas e .

Q Would you object if any attorney , who f o rmally

15
repr ese nte d y ou , had informed that you in fact h a d b e e n a
16
DEA informa nt? Would y ou object to that b e ing reve al ed ?
17
A Ye s , I would .
18
Q Would y ou a llow de f e ndant Web erman to o bta in
19
a n y g ove r nme nt r eco rds t hat may ~x ist whi c h ma y conce rn
20
a ny a ctivitie s you might h ave had a s a DEA info r mant?
21
A I will not allow him t he time of d ay. Ge t it
22
in t he r e cord. An y thing I c a n do towa rd h e l p ing A . J.
23
Web e r man, I will c onsciously avoid doing tha t.
24
Anything e lse?
25

BLITZ REPORTING CO.

I 5 P AR K R O W . N.Y. I 0 0 38 PH O N E S' 3 4 9 - 310 8 - 9
 1 Eder 106

2 Q Who represents you in the marijuana conviction

3 which is now on appeal?

4 A Joel -- I'm sorry, I don't remember the guy's

5 last name. I am very bad on last names. It took me three

6 months -- Joel begins with an H.

7 Q Is he associated in any way that you know of

8 with your present attorney?

9 MR. KAHN: Are you referring to me?

MR. MICHAELS: Yes.

10
MR. KAHN: The answer is no.
11
A I told you I can get you that. Is that an im-
12

13
portant question? Because if it is, I will make a quick

phone call and give you the name.

14
Q At the start of our examinations today, before
15
we commenced the formal examination, you told me about a
16
young lady who said that she --
17
A That is irrelevant. I am going to answer that
18
question.
19
Q I was not about to mention the name.
20

•
A You are not going to mention that fact. I am
21
not going to deal 1·1ith that fact.
22
Q You told me about a person who had been quoted
23
as saying they were rich -- had become rich because of their
24
contact with you. In fact, isn't that true, that there are
25

BLITZ REPORTING CO.

15 PARK ROW. N.Y. 10038 PHONES: 349.3108·9
 1 Eder 107

2 many peop l e who have prospered because of their cont<tcts

3 with you ?

4 A Th ere most defi ni te ly are because t hat is why

,·e s I don ' t have to worry abou t mak i ng r~ore than $100 , bec<tuse

6 there are many people who have their money today because

7 they knew me . And I introduced them to certain p e op le

8 where they probab ly made money in the marijuana business .

9 If tha t is the question , the answer is ye s .

10 Q I am getting towards the close of the ques tions

11
I have for you.

12 Mr . Eder , yo u have told us about a great many

13 crimes you have committed, a t least as the law presently

14 defines the kind of behavior we have been discussing .

15 Are y o u aware that your ndmiss ions with regard

to those crimes might possibly be the s ubj ect of prosecu-

16
tions of you ?
17
A Tha t is right , but i t certainl y is no t secre t
18
a s to the business tha t I have been in over a period of
19
t ime. I have bee n arrested on n umerous occasions on
20
P~~
marijuana convictions . I have told the J;l.;ltrol Board in the
21
State of California that I intend to continue in the
22
marijuana game foreve r or at l eas t as long as it l asts ,
23
and I have no intention of stopping marijuana and I h ave
24
no bones , whatsoever -- NEW YORK MAGAZINE had a fu ll page
25

B LI TZ REPORT I NG CO.
15 PARK ROW, N.Y. I 0 03 8 PHONES: 349 - 3108 -9
 1 Eder 108

2 illustration tha t showed the p i cture of my h ead with a

3 joi nt and it state d at the bottom , "Chic's the name a nd

4 smokes the game. "

5 Q Did yo u eve r say that?

6 A I say it al l the t i me .

7 Q Do you have cards printed tha t say that?

8 A No , I never had cards printed that said that ,

9 but Albert Go l dman had cards p rinted that said that.

T6 Q Did you distribute those cards ?

10
A Sure .
11
Q I n fac t, you have l e t a lot of peop le know
12

13 about these acti vities which the present law says is

criminal?
14
A There is no secret whatsoever . It happens
15
tha t I was two or three years ahead of everybody e l se.
16
Since the TIMES article two or three week s
17
ag.o, with The Colomb i an being the h ead artic l e , a lot of
18
peop l e have jumped into wha t I have. We don ' t care wha t
19
the governmen t thinks of i t . We don't t hink there is any
20
stigma attached to the business we are invo l ved in , an d
21
therefore we don ' t care wh ether the government sees it a s
22
criminal or not . I believe you wi ll f ind yo ur client ,
23
A . J. Weberman , fee l s exactly the same way.
24
Q There are many people who fee l that mari juana
25

B LITZ REPORTING C O.
15 PARK ROW. N.Y. 1 003 8 PHONESo 349-3108-9
 1 I:der 109

2 l aws shoul d be cha n qed and I woul~ n ' t a ebate you Rt th is

3 time or probably under other c i rcumstances either , but

4 under t he categories of the present law , wh n.t yo u are

e 5 seeking to protect here is your repu tation as a c apab le

6 a nd h onest crimina l, is i t not?

7 A I objec t to the word " criminal. " I don ' t know

8 what t he present l a w calls fo r .

9 What I a m stating is , I prefer the word " outlaw "

be use d , a s opposed t o cri mina l. Other t h a n that , my

10
answer --
11
Q But the g i st of the l awsuit , p rime thrust i s
12
by saying you testified , that you instiga ted a prosec ut i o n
13
a nd gave info rmat i o n agains t Tom Forcade , tha t the d amage
14
that has been do n e to y ou is the difficulty and the l o ss es
15
y o u have sustained as an o utl a w , a s a seller of ma rijuana
16
A Tha t ' s correc t .
17
MR . MICHAE LS : Off the r ecord.
18
(Di sc u ss ion off the record .)
19
!1R . MICHAELS: On the recor d .
20
Q Mr . Eder , you told us yo u a re s eeking a pub l i c
21
forum in wh ich to s how t he allegations in the article abo ut
22
you are i n fa l se ; is tha t t r ue ?
23
A That ' s co rrec t .
24
Q You are aware the gover nme nt usua l l y s hields
25

B LI TZ REPORT ING C O .
15 PA RK ROW . N.Y. l 003 8 PH O NES: 349-3108-9
 1 Eder 110

2 the identity of its informants and the government has a

3 policy of protecting the identity of their informants,

4 are you not?

5 A Yes.

6 Q In seeking a public forum to discuss this

7 truth or falsity of the allegations about you in the

8 article, are you willing to waive any privilege that you

9 might conceivably have as to the protection to any iden-

10 tification you may ever have·had as an informant?

A When that comes to court, when that gets into

11

12 court and I put witnesses on the stand, if those witnesses

13 are members of a governmental agency, investigative agency

14 such as DEA and the FBI, and those people are placed on

15 the stand as defense witnesses, then they are open for

16
cross examination and in doing that, I am putting my neck

on the chopping block. It is that simple; so?

17

18
Q Should a guestion come up --
A For the record, I wave nothing but the
19
American flag and I only do that on the 4th of July.
20

• 21

22

23
Q Are you therefore claiming the protection of

whatever government policies may exist to shield informants,

through the course of this lawsuit?

A That is a loaded question. I am not going to

24
answer that question.
25

BLITZ REPORTING CO.

15 PARK ROW, N.Y, 10036 PHONES: 349-3108-9
 1 Eel e r 1 11

2 Q Do you c l aim the she l ter given hy law?

3 A Tha t i s a l o a d e d questi on . You ca n r ephras e

4 i t e i ghteen t i mes. It is a l oaded que stion a nd I am no t

5 go ing t o dea l with i t.

6 Q Are . yo u c l aim i ng any pr i vi l ege o f the

7 A That is a l oaded question a n d yo u can reph rase

8 i t anoth e r seventeen t i me s , b ut more th a n tha t, yo u do n ' t

9 ge t . You get seve nteen mo re reph rase s and you wi l l get the

same a nswe r . It i s a loaded q u es tio n .

10

MR. MICHAELS : Of f t h e record .

11

12.
( Discussion of f the record .)

13 A On the record .

14
Q Mr . Ede r, i f in fac t there i s some g ove rnment

re c ord somewhere tha t what Mr . Weberma n sa i d in the artic l e

15
i s in fact true , are yo u i ntendi ng t o , throug h th i s l aws uit,
16
c l a i mi n g it i s no t t r u e an d us i ng that pro t ection of s hi e ld -
17
i n g the name s o f rea l info rmants ?
18
A That l eaves yo u sixteen way s of rephrasing t h a t
19
question.
20
Aga in, Mr . Mi c h ae l s , th at is a loaded que stion
21
and as such , I am not go i n g to dea l with that questi o n a t
22
this po i n t . So agai n , yo u h ave s i xtee n more rephrases .
23
Fo r t he record , it is now a q u ar ter t o six . We
24
have been h ere since two o' c l ock .
25

B LITZ R E P ORT I NG C O .
15 PARK R O W, N .Y. 1 003 8 PH O NES' 349 - 3 1 08 -9
 1 Eder 112

2 Q Do you h ave any concern there mi ght be any

3 governmental files anywhere that might say you are their

4 governmenta l informant?

• 5

7
A Obviously, since an informant is the one tha t

gives up in format ion, regardless of the connotation of the

society, since I have given information on two separate

8 occasions to two g overnmen ta l bodies, one to each, there

9 is no question whatsoeve r that somewhere a long the line,

10 we put a guy on the stand and there is a n informant and

11 he informed on this and this and at that time you will h ave

12 a n opportunity to cross examine . If you are ask ing me to

13 wa ive any rights , to give this degenerate

14 Q Pointing to Mr. Weberman .

15 A If you are asking me to waive rights and give

16
him the right to get my reports on the

Q No , I am not . I think you misunderstand the

17
question . I am asking you whether in fact you intend t o
18
take advantage of the government policy to refuse to
19
identify the rea l names of informants?
20
A You got fifteen, I think, left. That is another
21
rephrasing of the ques tion .
22
Q ·when you take the stand , do you intend to tell
23
the court that yo u seek the protection of the secrecy of
24
the names of informants while you s u e somebody on you r
25

BLITZ REPORTING CO.

15 PARK ROW, N . Y. 10038 PHONES: 3d9·3 10B·9
 1 Eder 113

2 claim t hat it is not true?

3 A Again , we are dealing with the same thing . This

4 man has stated in print that I testified .before a grand

- 5

7
jury in Brooklyn. I am not ove rly concerned whether it is

a hi gh-level DEA informant. You made the i ssue on this .

I already stated to yo u I informed the DEA , I gave them a

8 piece of info rmation. I traded them for it and you are

9 asking me to g o further tha n that , and I a m not willing to

go further than tha t.

10
My contention is I never testified anywh ere in
11

Brooklyn or New Jersey or any other place t h a t you are

12
talking about , and that is the thrust of my contention
13
wi t hin this lawsuit.
14
Q Wil l you allow gov ernment o ff icials to testify ,
15
if that is , in fact , yes , yo u were a n informant in other
16
ways , in other cases besides wha t you have told us today?
17
A I don ' t h ave a choice , i f you cal i these peop le
18
t o the stand.
19
Q You don ' t claim any protection?
20
A I didn ' t say that and you are tryins the same
21
thing agai n, Michaels .
22
Of f the record .
23
(Discussion off the record. )
24
MR . MICHAELS : On the record, p l eas e.
25

BLITZ REPORT ING CO.

15 PARK ROW. N.Y. 10038 PHONES: 349-3108-9
 1 114

2 Q Mr . Eder , in those limite d inst.1nc e s where

3 yo u did provide information t o the FBI an d DEA , whi c h yo u

.. 4

s
6
h.:ive told us abont , <lo you heJi e ve that informat ion was

helpfu l

A
to the FBI and the DEA?

Yes , I mos t definitely believe it WQS helpfu l

7 to t h e FB I and the DEA . However --

8 Q Did that he l p mainta i n the integrity of their

personrn~l and secnri ty systems ?

9
A Only the sec u r ity systems , Rnd my contention is
10
that in no way jeopardized my standi ng a s ~n out l aw , simply
11
because in pr i son pnr l ance , a " ra t " o r "informa nt" is one
12
who takes advantage of gett ing out of doing jail time by
13
p utting some one else in that cage in his place , so my dea l-
14
ing with the government was without hurting another humHn
15
being . I don ' t feel I deserve the reputation of bein9 a
16
rat .
17
Does t~at ~nswe r yo ur question ?
18
Q It is a n answe r to the question .
19
If you bc-1 i eve th a t yon r ,.1ork for the g over nment
20
h e l ped t o protec t security o f go ve r n~enta l information i n
21
dea li ng s with criminal prosecuti ons , is it not true the
22
he l p yo u p ro vi ded probahly res ulted in people being jailed?
23
A No . Most definitely not . ~~e help I provided ,
24
agai n , was in te l ling - - are you speak in g of the FRI or the
25

BLITZ REPOR TI NG C O .
15 PARK ROW. N .Y . 1 0036 PHONES: 349-3106- 9
 1 Eder 115

2 drug enforcement agencies?

3 Q Both.

4 A The Federal Bureau of Investigation presented

5 leaks in the national security system. Since I had the

6 ability to tap the FBI's phone, I had the same ability to

7 tap any government phone in that area, hased on the way

8 they were doing things at that point in time.

9 'rhe second thing was that certainly wouldn't

10 have led to the arrest or conviction of any human being.

11 The second thing with regard to the Drug Enforcement Ad-

12 ministration, the Drug Enforcement Administration doesn't

13 like a lot of things I do. You broughtup the point of

14 warning the ships. I have done that on numerous occasions. 1

The government is very upset about it~ They didn't get --
15
They didn't get any positive convictions out of anything
16
that I told them. What they did get, the furthest you
17
could possibly stretch my help to the government is I might
18
have been able to give this information as to how to plug
19
in the computers to somebody who it might have helped them
20

•
to avoid capture. This is the furthest you could possibly
21
stretch the damage I would have done to another outlaw.
22
Q The damage to another outlaw, even if you had
23
not given a name, that resulted in immediately and directly
24
in an arrest; isn't that true? The assistance you provided
25

BLITZ REPORTING CO.

15 PARK ROW, N.Y, 10038 PHONESi 349-3108-9
 1 Eder 116

2 probab l y h e l ped the effici ency of the l a w e n forceme nt

3 agenc i e s by t hose a ge n cies tha t some peop le were a rres ted

4 that otherw i se wo uld not h ave b een arreste <l?

5 A Abso lute l y not .

6 Q Wh ere d id yo u get the lis t of wa nte d s hi p s

7 whi c h I think you call e d a hot s h eet? Where did yo u ge t

8 the list?

9 A Which one? I can state very simpl y that on a t

10 l east te n times I have gotten ten l ists.

Q Fro m wh om ?
11

12 A From various sources .

13 Q From whom ?

14 A F rom variou s so ur ces. That is an ans we r to

t he q u es tion.
15
Q Are yo u wil l ing t o identify t he source s?
16
A I am unwilling to identify any of the source s.
17
MR . KAHN : Off the rec6rd .
18
(Di s cussion o f f the record.)
19
MR. MICHAELS : Back on the record .
20
Q Go ahead .
21
A I a m l os t .
22
Q Are yo u dec lining to answe r t he quest i o n?
23
A What question?
24
Q The ques tion is, wo uld you p l ease tel l us the
25

BLITZ REPORTING CO.

15 PARK ROW . N. Y . 1 003 8 PHONES : 349-3108- 9
 1 Eder 117
2 peop le from wh om you go t the li sts of h o t ships , of wa nte d

3 s hips?

4 A Of course not.

e 5 Q Thank you.

6 A No, not " thank you." Let me comp l e te my answe r

7 to the question . Of course, any perso n who stole these

8 are gener al ly teletype that were teletyped to various Coast

9 Guar ds and some time s a full hot s heet, an d a t any time a ny -

10 b o dy gave me that info r ma tion, a lot of people were working

11 f or t he government a nd there were kids that wo rked for the

12 Coas t Gua rd and peo p le who worke d in governme nt a gencies

13 for which we paid for these hot shee ts . Of course we

14 couldn 't t e ll you that .

MR. MICHAELS : Subject to my cl i ent 's

15

approval , I h ave complete d my examina t ion . I \van t

16
to tha nk Mr. Ka hn , our r eporter , and Mr. Ede r, as
17
·we ll.
18
Q Mr. Ede r, our concluding quest i ons are as
19
follows :
20
Had you re ad the c ompla int in this case p rior
21
to today ?
22
A I'm sorry , no.
23
Q Do you know whe the r your attorney in t his
24
matter ever previously rep re sented Mr . Thomas Forcade or
25

BLITZ REPORT I NG CO.

15 PARK ROW. N.Y. 10036 PHONES: 349-3106-9
 1 F.c'ier 118

2 any of his busines s ventures?

3 A You h ave to depose my attorney.

4 Q I am ask ing whether you have any knowledge .

5 I am not asking you the fact .

6 A Whether I have any knowled0e?

7 Q Do you know whether yo ur present attorney , Mr .

8 Kahn , sitting n ext to you , ever previously rcpres cm ted Mr.

9 Fo rcade or his business ve ntures?

10 A I believe he may h ave been represe nting

11 Transhigh Corporation somewh ere along the line. I don ' t

12 know if he ever represented Tom personally.

13 Q Do you know how that relationship t e rminate d?

14 A I have no idea. I don ' t eve n know if i t has

15
terminated .

Q At my client's request , I want to ask one fina l

16

question , which is whether you discussed this matter 't>'li th

17
y ou r attorney before t~e comp laint was drawn , whe the r y o u
18
informed him th a t you saw the princi pa l dama0e to you r
19
r e putation as the d amage to your re::>u·ta t i o n as t o ·what yo u
20
call an outlaw?
e 21

22
A I think ~~at I said to my attorney was this was

a malicious attack by A. J . Weberman and these peop l e shou ld

23
have known it was a malicious attack by Nebernan . They
24
should have chec ked the vera c ity of the statement that I
25

BLITZ REPORT I NG CO.

15 P A RK ROW. N.Y. 10038 PH ONES: 349-3 1 08- 9
 1 Eder 119

2 te s tified b e fore a grand jury and I said I want to s ue him

3 a nd he said, " I don ' t t hink it would take too much time .

4 Sure I wil l help you . " That ' s i t .

5 Q You did not in fact discuss with him what ar e a

6 of your reputation, that is, your r e putation as an outla w ,

7 which you felt was a principa l

8 A That is privileged communication what I discus s e

9 with my atto r ney .

10 Q At my clie nt.' s request , do you know of the

reason why the att o r ney is repre senting you without com-
11

12 pensation?

13 A Why don' t you ask my attorney?

14 Q I am a sking you if you know .

A I have no idea . I think perhaps he likes me .

15
Despite the fact that I am an o utlaw , I think he likes me.
16
EXAMINATION BY MR . KAHN :
17
Q In the course of the d e position we h ave d is -
18
cussed the state me nt in the November 2 7, 1978 Vill a ge Voice
19
a rticle by Mr . We ber man that Chic Ed e r wa s a hi ~h- l e vel
20
DEA informant .
21
Would y ou please t e l l me wh a t " info rmant"
22
g e n erally me a ns or what you understa nd the word "informa nt "
23
to me an ?
24
A What I unde rstand the word "informa nt" t o mea n ,
25

B LI TZ REPORT I NG CO.
15 P A RK RO W. N.Y. \ 003 8 PH O NE S: 3 '19 - 3 1 0 8-9
 1 Eder 120

2 since the ma jority of my adult life was s p e nt in prison

3 situations , my terminolog y of "informa nt" is one who trades

4 his cag e , trade s, gives up his cag e -- let me rephrase

e 5 th a t - - is one who gets out of a cage by p utting a nother

6 ma n in t he cage in his pl ac e , and I h a ve neve r done that

7 and I never i n tend to do t hat.

8 Q Is the term "cop" sometimes trea t e d s ynonymous l y

9 in y our understa nding, with t he word "in fo r mant"?

10 A Erroneous ly. Again , my parlance is based

11 primar ily o n prison . A cop is a cop and a rat is a rat .

12 They are t wo separate a nd distinct e ntities .

13 Q Looking at the article we are dis cussing , I

14 am calling your atte ntion t o a c ouple of sen tences tha t

15 say , '\ery few other p eople wo uld h e lp Tom. Rubin and Tom

16 had ca lled me a cop . Rub in a nd Hoffman had called him a

17 cop during the yippe e- z i ppy c onfli c t in Miami , a nd that

18 l abe l s tuck . Eve ntually both Abby and .._l'erry admi tte d t his

19
wa s t:he wr ong t hing to do. "

20 A I canno t a n swe r for A . J. Weberman 's wr iti ng ,

s ince I didn't write that . A . J. Weber.ma n - - at no time,

21
t o my knowledge , was Tom accused of bei ng a c op. He was
22
a ccused of b e ing a n age nt , of be ing an info r ma nt and
23
a ccused of work ing for the intelligence community.
24
At no t ime in my knowl e d ge was he eve r accu sed
25

BLITZ REPORT I NG CO.

15 PARK RO W. N.Y. 1 003 8 PHON ES ' 349 - 3 1 08- 9
 1 Eder 121

2 of being a cop.

3 Q Does the word " informant " in t h e se nse t h a t

4 you understand it , have a very n egati ve connotat ion?

5 A About as negative a s yo u c a n get .

6 Q Would you say it also is a n egat i ve connota tio n

7 among you r fr i e n ds , fami ly and busines s a ssoc i ate s ?

8 A The wor d "infor mant" i s not on ly amongst th e

9 rat, s omeone who betrays the t r ust of his peers, it is

10 l ooke d upon as a piranha by our society . We ar e dea ling

with go ing al l t he way t o Ju da s a nd J esus , ri g ht up to the

11

12 i nfor~ant, wh i c h was later redone with bl ack s no t too many

13 year s ago on every l eve l in t he society , e xcep t f or possih ly

14 a few of the n ewe r cop shows i n which a pimp rat , who is

15
looked upon as a hero. In most l eve l s of s ocie ty , in-

forman t is loo ked upo n as a l ow li f e.

16
Q Is the word "i nforman t" synonymous wi t h t he
17
word 11
snitch ?
11

18

A Exact l~. Mos t definitely .

19
Q ~.ne ther parag raph: " Recen t l y Rick Nemay , in -
20
formant , FBI , snake , who in f iltrate d the zip pies and c a me
21

doi n g a boo k for Quadrangl e Press about his expe riences ,

24
refused to he l p frame him. 11

25

B LIT Z RE P O RTING CO.

15 PARK ROW . N . Y. 10038 PHONES: 349-3 1 08- 9
 1 F.ncr 1 22

2 In regar d to t h at paragraph, hy contrast of

3 t he paragraph in which your name was mentioned , what d id

4 t h a t sugges t t o you?

5 A It suggested to me he was a good guy and no t

6 a rat an d I was a bad guy and a rat . In th is case , tha t

7 is what it s u gges ts to me .

8 Taking the artic l e as a whole , looking a t tha t

9 paragraph and ·che paragraph abo ut me, one is the good g uy

10 a nd one is the bad guy .

11 Q You test ified that you had given v ery limited

l2 i nformat ion to t he FBI in 1975. Have you g i v e n informatio n

13 to t he FB I in the years subsequent to 1975?

14 A Let me dea l with tha t. I h a ve wo r k e d once

15 with the FBI and I stated at whic h time I worked wi t h th e m.

16 And I worke d with t h e ones with t h e Drug Enforce ment Ad-

17
mi ni stra tion and t hat's it , b aby .

18 Q Wi t h r e spect to the Drug Enforce me nt Adminis -

tra tion wi t h which yo u made your arrangement in 1 976 , h a ve

19
yo u give n them a ny furth e r in formation in 1977 , 1 978 o r
20

1979?
21
A I had no contac t wh a tsoe ver .
22
Q At t h e time this artic l e refers to , whe n it
23
r e fers to you r name in 1977 , it i s th e r e fore the case tha t
24
y ou we re not d e aling with or giving a ny in f o rma tio n wh a t-
25

BLITZ REPORTING CO.

15 PARK ROW. N.Y. 1 0038 PHONES: 349·3106· 9
 1 Erl e r 123

2 soever t o t he DEA at tha t t i me ?

3 A Tha t i s cor r ec t .

4 Q I n c o mmo n pa rl a n c e , t h e wo r d " i n fo rma nt," i s

5 tha t g e n e ra l l y unde rstoo d t o mea n s o meone who me r e l y g i v e s

6 some i nformat i o n a bout the te c hn i c a l da ta , s uch a s you ga ve ,

7 or i s it more sure ly u n d e rstood t o mea n a s nit c h of r a t

8 th a t tur ns o n s ome speci f ic - -

9 A I n g ene·ca l , i n a socie t y i n gen e ra l , U1e wo r d

10 " informa nt ," if it i s no t u sed in a c r i mi na l comp l aint , has -

it is no t a devil word . It is no t a d e v il word i f y o u say ,

11

12 " I h a ve a n i nfor ma nt who te lls me t h a t if I g o into th e

13 b u si n ess in Ha i t i t omor r ow , I a m goi n g to ma ke a l o t o f

14 mone y ." That i s a n in fo r ma nt wh o g i v e s tha t info rma t ion.

As we k now it wi t h i n the st r u ctu re of t h e

15
s ocie ty i n wh ic h I li ve a n d t h a t is n o t on ly th e peo p le
16
who a re e n g a ged i n outl aw a cti v iti e s b ut p e o p l e I know
17
s oci a l l y a nd persona lly , t h e word " informan t" i s a b o u t a s
18
low a word , it ' s a bout a s d ero gatory a nd p ejo rative a wo r d
19
a s y o u c a n us e aga ins t a h uman b e ing .
20
Q Is t ha t bec aus e i t is t rea t 8d as meaning y o u
21
gi v e informat i o n 1 a b o u t a noth e r h uma n be in g t h a t ca u sed his
22
a rres t?
23
A No, it ' s b e cau se i t is t re a te d , tra din g y o u r
24
c age with ano t h e r ma n , p utting another man i n a c age s o
25

B LI TZ R EPO RTING CO.

15 P AR K R O W, N.Y. 1 00 3 8 P H O N E S: 3 4 9 - 3 108- 9
 1 E<ler 124

2 you don ' t h ave to go into a caqe.

3 Q Whe n you r e ad the article by Mr . We b e rma n , d id

4 yo u understand that to mean he was stating or implying yo u

s gave information to a grand jury with r e spect t o ~om Forc a de

6 for the purp ose of putting him in a c a ge and k eeping yo u

7 out?

8 A Ex act ly . He says tha t I ga ve testimo ny b e fore

9 a gran d j ury in Brooklyn in the year 1977 . This is a lie.

10 That is. the who le crux of my c as e . All the r e st of wha t

is b e ing state d is great b e tween l awyers , but my case is

11
very s i mp ly that this man has said that I t e stifi e d before
12

13 a g ran d jury against anothe r human being a nd I n e ver <lid

14
t his . And I f e e l he did this ma lic iou s l y and with the

intent ion of trying to hurt me . Th i s is my wa y of e x pres s-

15
ing this lawsuit .
16
Q Do you h a ve a ny inkling a s to why Mr . We b erma n
17
b ears a ny f eeling of ma lice , ho s tility t owards y o u in-
18
dividually?
19
MR . MICHAE LS: Obj ~c ti on . As k e d a nd
20
a n swe r e d. Didn't we vi e w t h a t spec i f ic a llegatio n ?
21
MR . KAHN : I do n ' t r eca ll t h a t y ou asked
22
him.
23
Q I n addition to the spe cific a llega tion tha t wa s
24
ma de by you a b o ut Mr. We ber rnan , do you h a ve a ny t hing more ?
25

B LITZ REPORT I NG CO.

15 PARK R O W . N.Y. 1 0 038 PH O N ES: 349- 3108-9
 1 Eder 125

2 A Yes, I think th e re is more .

3 Q I wo ul d like to know if there is anything e lse .

r7 4 A He says it right in his artic l e . Ile say s in

5 the article He says he was so angry about Tom's death

6 that he lashed out at e ve r yone . I think that appears in

7 the article , the exac t words: "I b egan to blame anyone

8 that was h andy for his demise . " Those were his words .

9 What I a m s aying is , as we l l as the ma lice ,

10 I am say ing he wa s very loyal to Forcade , whether he wa s

misdirected or no t. He was l oya l to Forca de a nd dislike d

11

12
me because I was giving him my prices in New York on smoke

13 and he was mak ing a living and then I stopped doing that .

14
For those two r e asons , for the reaso n he fe lt

I cut him off from his supp l y of materia l was one, and the
15
second one was a sense of loyalty t o Forcade . I fee l he
16
c ame out in print and stated this a nd other people were
17
whispering behind doors that I was unlucky t o be the guy .
18
He to ok a sho t at me because he wa s malicious about it.
19
He was going t o grandstand . In prison parlance, tha t is
20
cal l e d prison grandstanding . You had y our day , b a by, now
.e 21
it ' s mine .
22
Q With respec t to the maga zine yo u proposed t o
23
publ i s h, you indicated you sought to employ a woma n who
24
declined to work for you as a result of this artic le?
25

BLITZ REPORT I NG CO.

15 PARK ROW. N.Y. 10038 PH O NES' 3 49 - 3108-9
 1 F.de r 126

2 A That 's correc t .

3 Q Were there a n y other persons , to your know l edge ,

4 that d ec li ned to work fo r you o n t his pro j ec t as a resu lt

~ 5 of tJ1e publication of t his artic l e ?

6 A Yes .

7 Q Wou ld yo u te ll us who they were ?

8 A Paul Kra s ner , Sally Ma r , a lthough Sally, I con-

9 vinced h e r t h at was n ot the case . There have been othe r

people , yes .
10

MR . KAHN : Tha t is a ll I have .

11
MR . MICHAELS : I will be brie f o n re -
12

d irect .
13

EXAMINATION BY MR. MICHAELS:

14

Q You have seen governmenta l ag ency reports a t

15
times, have you not?
16
A I hav e.
17
Q Inv estigati ve reports , tha t sort of thing ?
18
A I h ave .
19
Q Yo u are aware the informant is ofte n us e d as
20
a n informa nt who g i ves specific i nfor mation even though
21
they are not trading a cage fo r another person's incarcera-
22
t ion?
23
A Yes , they have paid i n forma nts that d o it fo r
24
oth e r reasons . There ' s a lways some game for the informant .
25

BLITZ R EPORT I NG CO.

15 PARK R OW , N.Y. 1 003 8 PH O NE S: 349 -3108- 9
 1 Eder 127

2 It is e i ther reve n ge , mo netary g ain or tr a d ing a ca g e with

3 another hwnan being. It is one of those three t h ings.

4 Q In f act , did n't you wan t revenge ag ainst To m

S Fo rc ade he cause you bel ieved he stole mon e y and mari j uana

6 f rom you ?

7 A Let's dea l with that . At t he time the people

8 within the governme n t, who want e d me t o testify ag ains t

9 Forc a de

10
Q Who were they , in addit ion to Mr. Newgarte n?

11
A Who eve r Mr. Newgarten works wi th down ther e.

12 With regard to tha t, that took place many, many months ,

13 possibly a year before I even knew Forcade h a d b e a t me

14 out of 5 0 pounds . So at the time tha t took p l ac e , no.

Q By 1977 y ou knew about the the f t of y our

15
marijua na?
16
A I believe i t wa s in April. I a m pret ty sure
17
it wa s in Apr il. Either '76 or '77 tha t I f ound out a bout
18
it.
19
Q During s omet i me , during 1 97 7, in fact , yo u /
20
l ea rned abo ut i t a nd didn't you want revenge agains t Tom
21
.•
Forcade?
22
A I rece i ved al l t h e revenge I needed. I took
23
my fifty p ounds back , with i nteres t .
24
Q Fr om where ?
25

BLITZ REPORTING CO.

15 PARK R O W, N .Y . 1 003 6 PH ONE S: 341 9 -.3106-9
 1 Eder 128

2 A From a trans action Forca de and I we re inv ol ved

3 in.

4 Q What location?

5 A Florida.

6 Q With his permission?

7 A He didn ' t have a choice. I said , you know,

8 " Man, I'm taking this . What do you want to do?" He didn' t

9 wa nt to do n othing. He knew. There was a man in the room.

10 He said, "Tom, you beat him for his money ." I took fifty

11 a nd fifty more to make up for the interest and t ook one

12 hundred pounds from him in fro nt of his face. I told him

l3 I wa s taking this . It was that simple.

14 Q The two of you were alone at the time?

15
A Me a nd Tom.

Q Who else was pres e nt?

16
A I wouldn't give you that info r mation .
17

Q Was a ny weap on in t he room?

18
A Tom had a .45 in his belt .
19
Q Any o ·th e rs ?
20

A Not to my knowle dge .

21
Q Did you hav e a ny weapons ?
22
A I don't carry a gun .
23
Q Did you have any weap on ?
24
A No, I d on ' t carry a gun .
25

BLITZ REPORTING CO.

15 PARK R OW . N.Y. 1 0 038 PH O NES : 3°1 9-3108-9
 1 Ede r 1 29

2 Q How wa s it that he h a d a g un and you had no

3 weapon a t a ll a nd that y ou we re a ble to simply say to

4 him , 11
I am t ak ing it, 11 and walk out with something va lue d,

5 I t hink yo u said , abo ut $20,000 ?

6 A That ' s wha t it would be v al ue d out, twenty

7 t hou sand.

8 Q Wha t was it, force of personality , h ypnotic s?

9 A Ne ithe r . You are facetious .

10 Q Yes , I apo logi ze .

A What h appe ns in t his busines s is we know the

11
difference between ri g ht and wrong . I wa s in a positio n to
12

13
confront th is man wi t h r egard t o his having cheate d me o n

a n earlier run. I was working at the time of being cheated.

14
I wa s working fo r Torn Forcade . I was not his par t ner. I
15
wa s still working for him and he was supposed t o h ave paid
16
me $50 , 000 or 2 00 , 000 pounds of marijuana . Instead of
17
paying me 1 5 0,000 pounds of mar ij uana , la ter , just prior
18
to thi s busi nes s arrangement going down where I wa s Tom 's
19
partner at t his t i me , just prior to it going down, I go t
20
t he info rmation aho ut his h aving b e at me for the fifty
21
pounds , s o I wen t t o other people in the g a ng and as ked
22
did this ~ea ll y take place . I go t the informatio n that it
23
had . I co nfronted Tom with the informa tion tha t he had
24
bea t me for the fifty . He agreed he h a d beat me for the
25

BLITZ REPORT I NG CO.

1S PARK R OW, N."f. 10036 PHONES: 349-3 1 0 6-9
 1 Eder 1 30

2 fifty. I t o ld him, " I' JT1 t.:1king the fifty and I' rn tak ing

3 anoth e r f i fty ," b e c ause he was a fake . He was carry ing a

4 gun but he h a d no choice because the othe r g uy was in t he

5 room. He said, "Ma n, yo u CJOt no choice . You bus ted him ."

6 He c arr i ed a gun. Tom Forcade a l s o p ull e d a gun o n me

7 during the same ope ration. He pulle d a gun .

8 Q There wa s a period of t i me t h at you were a n gry

9 with Forcade and though t about revenge but had not reso l ve d

10 the problem , was there not ?

11 A No, because I wa s -- couldn ' t have b e e n more

12 than a day- and- a - half, two days from t he time I found ou t

13 about it to the time I took my material back .

14 Q Within the l ast year , have you t esti fie d in a ny

15 c ourt of l aw wher e the jury or judge accepted you r word ?

16 A I h ave not testifie d in a court o f l a w i n a ny

17 case , other t h a n my cas e , t o the bes t of my knowledge . I

18 canno t ever rememb e r ever be ing ca l led . Maybe I was once ,

19 in Califo r nia . I have never testified aga i ns t anyone in

20
any case anywhere in the world a t any t i me .

Q No judge- or jury wh i c h ever receive d your ~or d

21
in court?
22
A There i s no judg e or a ny jury -- I d o n ' t k now
23
that . There are judges and juries who have accepted my
24
wor d in cour t, when I defended myself. Let me try the
25

B LITZ RE PO R TING co_

15 PARK ROW. N.Y. 1 003 8 PHONES' 349-3108-9
 1 Ede r 131

2 sta t ement aga in. At no t ime in my 48 y ears , i n my

3 exis t e nce , have I ev e r tes tifi e d a ga inst any pe rson i n

4 a ny c r imina l p ro cedure ; is that clear? Th a t i s p r e tty

5 b r oad . That is 48 y ea rs of i t . Doe s that a nswer yo ur

6 q ues tio n? I h a ve t e stifi e d in my own case s.

7 Q How ma ny time s was y our word accepte d in yo ur

8 o wn cas e s?

9 MR. I<A HN : I obj e ct to that. One n e ve r

10 knows -- How d oes o ne know the b as is of how i t is

11 accepted at the trial?

12 Q In t ho s e cas e s you t es tifie d , th e c ase s in

13 v-1h i c h the jury c onvicte d you of c r ime s

14 MR . KA HN : I o b j ec t to t h a t. You do n ' t

15 k n ow if oth e r tes timony or evidence wa s in t h e cas e

16 and you don ' t know the jur y ' s basis f or wh a t t he

17 de cisio n wa s.

18 Q Ha ve yo u testifie d in yo u r o wn beha lf ?

19 A In whi c h the jury b e lieved me?

20 Q Whi c h i n f ac t re s ul ted in your be ing c o nv i cte d

e 21
of a crime .

A Both . I h a ve n e v e r tes ti f i e d i n c a ses d e a l ing

22
with o ther peop le ; tha t i s No . 1 . Le t's get tha t s t r a i g ht
23
a ga in, f rom t he jump.
24
Q I u n d e r stand your pos itio n .
25

B LI TZ REPORT I NG CO.
15 PARK R O W. N .Y . 1003 6 P H O N E S' 3'19-310 6 · 9
 1 Ede r 1 32

2 A Wh e n I h a ve t estifie d i n my own cases , I h a.ve

3 won some an d l os t some .

4 Q Th a nk you .

5 A When I have charges agri ins t me and t he j ury

6 comes in and acq uits o n e ight a nd co n victs o n two , I assume

7 t he jury mus t h a v e believe d me on the e i g ht .

8 Q As a fin a l q u es tion, is i t yo ur b eli e f that t he

9 stat ements you h ave made to day wo uld be d eemed d ero gatory

10 by y our fr i e nds , associ ate s and bus i ness compani o ns?.

A Between the time t hat t h e in f o rmati o n a s t o

11
my worki ng wi t h t he g o vernme nt became p ubl ic and today?
12

13 Q You were r e f erring to t he f i r st time it wa s

14 ma de public i n HI GH TI ME S MAGAZINE in 1 9 77?

A Pr ior t o a ny p ub li c a t i o n, when I said "made

15
pub lic ," I meant by a pa r t of whe r e i t was known , wh ere this
16
information
17
Q Yo u are speak i n g abo ut 19 77, n ot the art i c le?
18
A I ' m s peaking wi t h a year - a nd-a - h a lf ago . From
19
tha t time o n, I ha d t o expend a tremendo us amou nt o f energy
20
wi t h a l o t of people in te lling t h e m wh a t actu a lly took
21
p l ace . Th ere we r e tho se peop l e tha t be lieved t h a t I was
22
te lling them the t ruth and con t i n u e d the r efo re to d o
23
bus i ness wi t h me .
24
Q Out l a w business ?
25

BLITZ REPORTING CO.

15 PA RK ROW. N.Y. 1003 0 PHO N ES: 349-3106 -9
 1 Eder 1 33

2 A Outlaw bu si ne ss a nd l eg i t i ma t e inl a w bus ines s.

3 n n d they continued t o do busine ss with me follo wi n g this .

4 An d t h e re were some p eople who felt th e y did n ' t wa nt to do

5 bus ine ss with me after that.

6 However , up until the p oint of A. J . We herrnan's

7 a rticle a pp e a r ing in this Vill age Voice , I had nothing to

8 put my t ee th into . A. J . Webe rman has made a statement .

9 He has said I am a governme nt informant who t es tifi e d in

10 1977 befo r e a Brooklyn g r and jury . That did not tak e plac e.

Ok a y? All I an1 saying is, if this took pla ce, l e t me be

11

12 a rat in public . Let him come into court a nd state i t

13 took pla ce.

14 Q Mr . Ed e r, in the various ti me s you h ave s poke n

with repo r t e rs a n d journali s ts or writ e rs, wh ere yo u k n e w

15
you had the opportunity to address the public a bout your
16
caree r in history , did y o u ever t ake the o ppo rtunity to
17
d e ny the all e g a tion made by HI GH TI MES MAGAZ I NE a nd t.he
18
a t t or ney, Michael Kennedy , in 1977 t h a t you were a D<1J·c otic
19
info rma nt?
20

A I have not b e en intervi e wed by a ny p ub lication

21
s ince t h a t took pla ce. Doe s that an swe r y our que stion?
22
Q Have you done a nything t o s eek t he opportunity
23
to d e ny t he a lle g ation made a t tha t ti me by tho s e parti e s?
. 24
A No , b eca use I d i d n ' t know wh a t t he recou rse s
25

B LI TZ REPORTING CO .
15 P A RK RO W. N.Y. 100 3 0 P HO N ES: 3-19-310 0 - 9
 1 Eder 134

2 were o f fere d to me a t the time.

3 At t he t i me I wa s too punchy , is the r i g ht

4 word , h avin g this thing h appe n to me , t o ta ke effective

5 a n effe ctive counter attack . At t his t ime I h ave a n

6 atto r ney who is will ing to make a n effective counterattac k

7 a nd fo r the record , unti l s uch a time , unti l I came in this

8 o ff ice , I hadn ' t thought abo ut suing HIGH TIMES and Michae l

9 Kennedy , but I a m now .

Does t h a t answer y our ques ti o n ?

10
Q Is i t therefore true , in fact , you neve r denied
11
tha t a llega tion or sou g ht any o pportun ity to deny it?
12
A I mos t certa in ly did d eny th is allega tio n.
13

14 Q To whom?

A To everyb ody I c ame across , t ncluding Tom

15
F orcade , and a t one time t h ere was a situation whe r e Forcade
16
~·Hl n te d t o mee t with me with regard to this , a nd ·th l~ re is a
17
person i n New Yo r k City pos sibly who mi g ht be ab l e t o
18
t es t i fy to th at . Aga in , I canno t give th is per s on ' s name
19
unti l I h ave spoken to him.
20

- 21

22

23
tions .
MR . MICHAELS :

MR . KAHN :
I h ave no further q u es -

I h ave n o further que stions .

(T ime noted : _6 : 3 0 p.m .)
24
Subscribe d and sworn to before me
25
this day of 1979.
BLITZ REPORTING CO.
15 PARK R OW, N .Y. I 003 8 PHO N ES' 349-3 106- 9
1 135

3 C E R T I F I C A T E

4
STATE OF NEW YORK )
5 SS
COUNTY OF NEW YORI< )
6

7
I, SHA RYN L . BAMBER , a Shorthand Rep o r t e r
8
an d Notary Public within and for the State of
9
Ne w York, do hereby certify:
10
That ·cHIC EDER , t he wi t n es s \·1hose
11
ck~ p os .i. tion is herein.be fo r e s8 t forth , ·was •-1.ul •..r
12
sworn by me a nd t hat such d e po s iti n ~ is R tr ue
13
r eco r d of the t es timony give n by s uc h '-'-· L-n ~: ·.:: s .

14
I f urther ce r tify that 1 <:rn rio t r n l n. t .-; rl
15
to any of the pa r ties to this a ction by b J O( •d
16
~r marriag e , and that I a m in no way 5nt er~s~a d

17 in th e o ut c o me of this matter .
18
IN HlTN P~S&;HEnEOF \--2: h a ve reunto s et
19
my h a nd t.h is _ _t_._ _d a y of_J_ f~_1\"°=.::-' 1979 .
20

21

22

23

24

25

B LI TZ REPORT I NG CO.
15 P A RK R O W. N .Y. 1 0 038 PHONES : 3 4 9- 3 1 0 8 - 9
SUPREME COURT OF THE STATE OF NE\'1 YOP.K

COUNTY OF NEW YORK

----------- --------- --- ----------------x
CHIC EDER,

Plaintiff,

-aga inst-

ALAN J. NEBERMAN a/k/a A. J.

WEBERM.l\N, WILLIAM J. RYAN ,
MARIANNE PARTRIDGE, RUPER.T
MURDOCH and THE VILLAGE VOICE,
INC.,

Defendants.

---------------- ---- --- --------- - - -----x

Deposition of plaintiff CHIC EDER , taken

by def e nd q nt ALAN J. WEI3ERl1AN , p ursu a nt to notice

dated Feb r uary 2, 1979, at the offices of David

S. Michae ls, Esq ., 342 Madison Avenue, New Yo rk,

N. Y. 10017, on February 16, 1 9 79, at 2:00 p .m.,

before Shary n L. Bamber, a Shorthand Reporter

and No far y Public of the State of New Yo rk.

BLITZ REPORTING CO.

C ERTI FI ED S H O RTH A,.., 0 REPO R TE RS

15 P A R K ROW. N .Y . 1 0038

PHONES: 349-3 1 08-9

 1 2

2 APPEARANCES:

3 Messrs. ROSENSTEIN & KAHN,

Attorneys for p laintiff ,
4 225 Broadway
New York, N . Y . 1000 7
5 BY: MAPC KAHN I ESQ . I
Of Counsel
6
DAVIDS . MICHAELS, ESQ.,
7 Attorney for defendant Alan J. Weberman,
342 Madison Ave nue
8 New York , N. Y. 1001 7

9 ALSO PRESENT:

A. J. WEBER.MAN
10

11
oOo
12

13
IT IS HEREBY STI PULATED AND AGREED , by and
14
between the attorneys for the r especti ve pa rti e s
15
hereto that a ll rights provided by the CP LR , in-
16
e l uding ~~e right to object to a ny ques tion, except
17
as to the f orm, or to move to strike any t es timony
18
at this deposition , are reserved , a nd, in addition,
19
t h e failure to object to a n y ques tion, or to move
20

• #
21

22
to strike te s timony at this deposition , shall not

be a ba r or waiver to make s uch mo tion at, and is

reserved for , the trial of this action.

23
IT IS FURTHER STIPULATED AND AGREED that
24
this deposition may be sworn to, by the witnes s
25

B LI TZ REPORTIN G CO.
15 PARK R OW, N.Y. 1 0038 PHONES: 3 4 9-3108 - 9
 1 3

2 being examined, before a Notary Public other than

3 the Notary Public before whom this deposition was

4 begun, but t,'1e failure to do so, or to return the

••• 5

6
original of this deposition to counsel, shall not

be deemed waiver of the rights provided by Rule

7 3116, CPLR, and shall be controlled thereby.

8 IT IS FURTHER STIPULATED AND AGREED that

9 the filing and certification of the original of

this deposition are waived.

10

11
oOo
12

13

MR. KAHN: Before we begin the deposition

14
of Mr. Eder, I would like the record to note it is
15
now 10 after 2 p .m., and that the attorneys for Mr.
16
William Ryan, Mr. Rupert Murdoch and The Village
17
Voice have not appeared this afternoon.
18
The record should also note they served
19

., 20

21

22
a notice to take deposition upon oral examination of

Mr. Eder, dated February 2, which I received Febru-

ary 5th, and that subsequently the attorneys for the

above-named defendants agreed they would be present

23
in Mr. Michaels' office this afternoon, on the 16th,
24
in order that both depositions could proceed at the
25

BLITZ REPORTING CO.

15 PARK ROV.1 , N.Y. 10038 PHONES: 349-3108-9
 1 4

2 same time and explicitly, so that Mr. Eder, who is

3 here from out of town, would not have to be unduly

4 inconvenienced.

• 5

6
The record should also note that this

morning at 10:30 I received a telephone call from

7 Mr. Slade Metcalf, who is counsel to the above-

8 named defendants who for the first time advised me

9 that because of the presence of office work in his

10 office he did not choose to attend this deposition.

11
I pointed out to Mr. Metcalf that my client had

12 flown into New York especially for this deposition,

13 from out of town and in fact from overseas, and that

14 this would work an extreme hardship on Mr. Eder. I

15 further pointed out that since this was Mr. Metcalf's

notice of deposition, I expected him to be here and

16
if he preferred not to attend the deposition, we
17
would assume he had waived his rights to depose Hr.
18
Eder and that we would seek additional relief as
19
necessary under the CPLR.
20

I served a letter to that effect on Mr.

21
Metcalf this morning, a copy of which I would like
22
to put into this record and I would also like to put
23
into the record a copy of my client's passport.
24
Just a notation for the record, my client'
25

BLITZ REPORTING CO.

15 PARK RO\'/, N.Y. 10038 PHONES: 349-3109-9
 1 5

2 passport

3 THE WITNl.:SS: Showed I arrived here

4 from out of the count ry last nir,ht at 7:20.

• 5

6
MR . KAHN : At JFK Airport.

Aeain, explicitly for the purpose

of attending this deposition.

7

8 Having said that, we are prepared to

9 go forth with Mr . Ede~ ' s deposit i on n ot i ced by l'~r .

10 Michaels, on behalf of hi s c lie nt, A. J . Weberman .

C H I C E D E R, plaintiff, called as a witn es s

11

12 by the defendant Alan J. Weberman, be ing first

13 duly swo rn by the Notary Public ( Sharyn L . Bamber ),

14 testified as follows:

15
EXAMINATION BY MR . MICHAELS:

Q Would you s tate your full l egal name , please?

16
A My l egal name, as far as the courts , Chic
17
Ede r .
18
Q What is the name appeari ng o n y o ur bi rth
19
certifi ca te?
20
MR . KAHN : Off the record .
21
(Di s cussion off the r ec ord.)
22
MR. KAHN: I am goine to objec t
23
because it is irrelevant for any purpose tha t
24
pertains to this examinat ion.
25

BLITZ REPORTING C O.
15 PARK R O W. N.Y. 10038 PH O NES: 349-3 1 08- 9
 1 Eder

2 MR. MICHAELS: Asking his name?

THE WITNESS: You are asking the name

3

4
that appears on my birth certificate? I refuse to

• 5

6
answer that question.

MR. KAHN:

directing him to answer that, you can.

If you want to seek an order

7
8 BY MR. MICHAELS:

9 Q What is your legal name?

A Chic Eder.
10
Q Have you ever used any other name?
11
A I have used numerous other names.
12
Q What names?
13
A I prefer not to answer that question.
14
MR. KAHN: Again, I object to that as
15
not being relevant to the instant proceeding. I
16
direct him not to answer that question.
17
A I would like to state for the· ·record that I am
18
known only by that name at this point in time.
19
Q I-Ia\re you ever been kno\vn to any government
20
agencies under any other names?
21
A Possibly.
22
Q What names?
23
A It's irrelevant to this case and I refuse to
24
answer it.
25

BLITZ REPORTING CO .
. 1·5 PARK RO\'J, N.Y. 10038 PHONES: 349-3108-9
 1
Eder 7

2
MR. MICHAELS: Off the record.

(Discussion off the record.)

3
MR. MICHAELS: On the record.
4

• 5

7
Q Do you concede you have, in. the course of your

life, used various other names, other than the one you are

now telling us is your name?

8 A I do, but I 'vant to add to that that I have

never appeared before any cotirt, body or governmental

9
agency in this decade, the seventies, by any other name.
10
Q Did you ever appear before a court, body or
11
governmental agency at any time under another name?
12
A Not in this decade.
13
Yes, in the sixties or prior, I have.
14

Q How many times?

15
A I have been in court? I never appeared before
16
a grand jury at any time anywhere to testify before a grand
17
jury.
18
Q The question, if you recall, is whether you
19
at any time, whether prior to the seventies or durincr the
20

• 21

22
seventies, appeared before any court, grand jury, or any

governmental agency under any other name?

MR. RAHN: I instruct him not to answer

23
that.
24
A I don't remember. I am stating categorically
25

BLITZ REPORTING CO.

0036 PHONES= 3<19-3\0B-9
 1
Eder· 8

2 that I have not appeared in this decade, the seventies,

3 before any one under any other name except Eder.

I will make one concession here that I used

4
\
•· 5

6
the name Philip.

Q Is that your name?

Yes, that is my name.

7 A

8 Q Is it the name that you were born with?

A No, it is not the name I was born with.

9

Q Again, what is the name you were horn with?

10
MP.. KAHN: Here again, I am going to
11
object to that as being irrelevant to the proceeding.
12
Q Where and when were you born?
13
A In New York City in 1931.
14
Q On what date?
15
A I don't think I want to give him that informa-
16
tion.
17
MR. KAHN: Again, I object to the
18
relevancy as to the specific date of his birth. It
19
has nothing to do with any of the issues raised in
20
the compaint or any conceivable defense to the issues
21
raised in the complaint.
22
Q Mr. Eder, isn't i t true you have provided in-
23
formation to different government agencies under different
24
names?
25

BLITZ REPORTING CO.

15 PARK ROW, N.Y. l 0038 PHONES: 349·3\0B-9
 1

2 HR. KAHN:
Eder

I object to the question.

8
HP.. MI CHAE LS : It is certainly relevant.
3

MR. KAHN: It is too broadly based for --

4

• 5

6
Q Have you ever given information to a government

agency under any other names other than Chic Eder?

MR. KAHN: It presumes a conclusion.

7

MR. HICHAELS: I am asking whether in

8

fact, I am not concluding that. I am asking whether

9

it occurred, whether you have given information to

10
government agencies under any other name?
11
A Not in the seventies.
12
Q Prior to that?
13

A Possibly. I have been arrested on numerous ]

occasions and in court on numerous occasions. If that be-
15
ing the case, then I have testified in my own cases and I
16
have given information to the government and it may have
17
been under another name.
18
Look, what I am trying to get across to you,
19
Nr. Michaels, is simply the most you could hope to go back
20

• 21

22

23
on this is ten years with me because beyond ten years, I

am not going to tell you anything, unless the court orders

me to tell you that. So now, we know exactly what we are

dealing with here.

24
MR. MICHAELS: Off the record.
25

BLITZ REPORTING CO.

15- PARK ROW, N.Y. 10038 PHONES: 349·3106-9
 1 Eder 10

2 (Discussion off the record.)

3
MP.. MICHAELS: Back on the record.

4 Q During the 1970's, have you ever given in-

• 5

6
formation to any governmental law enforcement agency or

prosecutorial agencies under the name of Philip Eder or

7 chic Eder?

8 MR. KAHN: I ask you to clarify that.

9 Do you mean during the time of a trial in which he

10
was a witness in a trial?

MR. MICHAELS: No. I mean during the

11
course of investigation, indictment proceeding,
12

trial or any matter related to any law enforcement

13

14 agency.

MR. KAHN: I find the question objection...:

15
able because of the breadth and lack of specificity.
16
If you specify a specific instance or agency, I will
17
not object to his answering.
18
Q Did you ever give information under the name
19
of Philip Eder or Chic Eder or any other name to any agency
20

• 21

22
or representative of the Drug Enforcement Administration or

predecessor agencies?

A Yes, I have. Yes, I have but i t never had

23
anything to do with any individuals; it only had to do with-
24
MR. KAHN: Off the record.
25

BLITZ REPORTING CO.

lS PARK ROY/, N.Y. 10038 PHONES: 349-3108-9
 Eder 11
1

2 (Discussion off the record.)

MR. KAHN: Back on the record.

3

4 A It only has to do with technological -- dis-

·• 5

6
cussion of technological operations of their computer

system.

Q Let me go back a little bit and ask you a

7

8 little more by way of background.

9 Where were you educated?

A Folsom Prison, California. I graduated as

10
valedictorian of my class in 1966, I believe.
11
Q Did you have any education prior to that?
12

13 A Not to speak of.

Q Where did you grow up?

14
A New York.
15
Q Did you have any education subsequent to that?
16
A Yes.
17
Q Could you specify, piease?
18
A Ventura College, Stony Brook University.
19
Q You registered as a student at both institu-
20

• 21

22
tions you named?

A No.

but was not registered.

I was a student at Stony Brook University

I may have been, but I don't think

23
so. I wasn't registered formally, but I may show up on
24
the records.
25

BLITZ REPORTING CO.

15 PARK ROVI, N.Y. 10038 PHONES: 349-3108-9
 1 Eder 12

2 Q Hhat years were those?

3 A February, Harch and part of April of 1973 and

4 in part of the semester beginning in January of 1975. Both

• 5

6
Stony Brook University.

A
When were you first arrested?

Probably 1944 or 1945.

7

8 Q How old <-1ere you at the time?

9 A Thirteen years of age.

Q h'hat was the charge?

10

A Possession of marijuana.
11

12
Q What happened to the case?

13 A I went to reformatory.

Q For how long?

14
A I managed to stretch that out into years; I
15
don't know how many. Three, probably.
16
Q Which refor·matory?
17
A I won't answer that. ·I would rather not answer
18
that unless ordered to by a court.
19

/.
MR. KAHN: The name of the reformatory in
20
which he was incarcerated is irrelevant to any de-
21
fense and to the issues in this proceeding.
22
HR. MICHAELS: Off the record:
23
(Discussion off the record.)
24
MR. MICHAELS: Back on the record.
25

BLITZ REPORTING CO.

15 PARK ROW, f'J.Y, 10038 PHONES: 349-3\06-9
 1

2 Q
Eder

Mr. Eder, is it your position in this case

G
3 your reputation as a criminal has been defamed?

4 A No. As an outlaw.

• 5

7
Q

Q
What do you mean by that?

As someone who lives outside of the law.

As someone '"ho violates the law?

8 A Possibly as someone who violates the law.

9 Q What do you claim your reputation is as an

10 outlaw, as you call it?

11
A To quote Bob Dylan,,. "To live outside the law,

12 you must be honest." To put another person in a prison

13 cell in your place is dishonest, and my statement is I

14 have at no time put another person, by trading myself, into

15 a prison cell.

Q Your claim here is it is your reputation as

16
'
an honest outlaw which has been defamed?
17

18 A That is correct.

MR. KAHN: Off the record.

19
(Discussion off the record.)
20

• 21

22

23
A
MR. KAHN: Back on the record.

It has also hurt my business reputation in the

legitimate businesses which I am involved in at the present

time.
24
Q Is that your statement or have you been advised
25

BLITZ REPORTING CO.

15 PARK ROW, N.Y. 10038 PHONES: 349·3108-9
 1 Eel er 14

2 to state that by your attorney?

3 MR. KAHN: Off the record.

4 (Discussion off the record.}

• 5

7
A

Q
MR. KAHN:

It is my statement.
Back on the record.

Let's pursue the question of your history as

s an outlaw. When were you next arrested?

A Well, I can't honestly tell you that.

9
me think about it for a moment. I know I was arrested in
10
1950.
11
Q On what charge?
12
A Tire Act. Stolen car across the state line.
13
Q What happened to that case?
14
A Probation.
15
Q When were you next arrested?
16'
A Again, I don't --
17
Q Excuse me. Let me back up and withdraw that
18
question and ask instead, did you plead guilty to a felony
19
in the 1950 prosecution you just discussed?
20

• 21

22
A

A
That is correct.

When were you next arrested?

I might have been arrested -- You want to know

23
when was the next time I was convicted?
24
Q No, I am asking the next time you were arrested.
25

BLITZ REPORTING CO.

15 PARK ROW, N.Y. 10038 PHONES: 3"9-3108-9
 1 Eder

2 A I don't know.

3 Q How many times have you been arrested?

;. 4

6
A

rap sheet.

Q
I can't count them. I have a nine or ten-page

Can you estimate for us the approximate number

7 of arrests you have?

8 A No, because a lot of those notations on the

9 rap sheet deal with the felony conviction registration

10 which was legal at that time and you had to register as

having been convicted of a felony in places such as Las

11

12 Vegas and Miami Beach and you have to state you have been

13 arrested and every time you did this, a notation would

14 go on your rap sheet, so I can't answer that.

Q About how many times have you been arrested?

15
A Twenty.
16
Q About how many times have you been convicted
17
of any crime?
18
A Other than as a juvenile, at least six.
19
Q How many of those were felony convictions?
20

• 21

22
A

Q
.i
!~
All of them .

What crimes, to the best of your knowledge,

were you convicted of, aside from the Tire Act you told
23
us about?
24
A Possession of marijuana.
25

BLITZ REPORTING CO.

15 PARK RO . 49.
 1 Eder

2 Q How many times?

3 A At least three or four; probably more. I was

4 convicted of possession of marijuana in 19 -- I believe

5 1959. That was in Federal Court in Miami.

6 I was convicted of possession of marijuana,

7 State Court, in San Francisco, California, in I believe

8 1964, and I went to prison.

9 I was again arrested for possession of or con-

victed of possession of marijuana and possession of-~ No,

10
just possession of marijuana in 1968.
11
In '70 or '71 I was convicted of possession of
12

13 marijuana and possession of firearm, leading from the dis-

14 turbances in Isla Vista, California, 'which is in Santa

Barbara, California.
15
Q In fact, didn't that last incident you told us
16
about involve the burning of the Bank of America?
17
A It had to do with -- It had to do with the
18
incidents that took place around the burning of the Bank
19
of America.
20

• 21

22
Q

Bank of America.
Here you one of the individuals convicted?

No, I was never convicted for burning the

23
Q But rather for what?
24
A Possession of a firearm.
25

BLITZ REPORTING CO.

~ 15 PARK ROW, N.Y. 10038 PHONES: 349-3108-9
 1 Eder

2 Q As a felony?

3 A It's a felony. Up to five years in the State

4 of California.

5 Q Is that the entire record you have told us

6 about now?

7 A No, I have only gotten up to the early 197D's.

8 Q Please proceed.

9 A I am presently on appeal on a conviction of

10 possession of marijuana in the State of Florida.

Q As a felony?
11

12 A As a felony.

13 Q Is that the complete record? Have you now

14 told us of all of your arrests and convictions?

A I don't know if I have listed all of the

15
arrests, since I don't have my rap sheet here. I think i t
16
is sufficient for your purposes.
17
Q Have you told us about all of your convictions?
18
A Ny convictions?
19
Q Yes.
20

• 21

22
A Let me think about it a minute.

convicted of escape from prison.

Q When?
I have been

23
A December 8, 1974.
24
Q Where?
25

BLITZ REPORTING CO.

15 PARK ROW, N.Y. 10038 PHONES: 349-3\06-9
 1 Eder

2 A Pardon me, mistake. I escaped

3 1972 and left a note telling them what day ,I would be back,

4 and the day was May 8, 1972 and I returned on that date

5 and was subsequently tried for escape and convicted of

6 escape.

7 Q Have you now told us about all of the convic-

8 tions?

9 A Let me think about it for a minute.

10 I will reiterate: The original conviction,

11 which I believe the record was expunged, was possession

12
of marijuana, thirte.en or fourteen.

13 Next, Tire Act, which I don't think appears

14 on any record, in 1950. Then I was convicted -- Let me

make that completely clear~- I am not talking of arrests.

15
I am talking about those things I was convicted of -- con-
16
victed of marijuana in a federal court in Miami in 1959.
17
Next, possession of marijuana and possession
18
of stolen property, another charge, in 1964 in San Francisco
19
California.
20
Next, 1968, I was arrested in Ventura,
21
California and convicted of another marijuana possession.
22
There were other arrests involved around that
23
period; none of which resulted in conviction.
24
The next one was in '71 -- '70 or '71. To be
25

BLITZ REPORTING CO.

15. PARK ROW, N.Y. 10038 PHONES: 3"9-3106-9
 1 Erler

2 cl e a r o n that, for pos s es s ion of marijuana

3 of a fire bomb . That is what I was convicted of in

4 Isla Vista, California.

5 The next conviction was Miami , Florida, about

6 a year and a half ago , on a plea of guilty to possession

7 of marijuana.

8 And I have not been convicted of anything since

9 that case is on appeal.

10 Q ivha t prison did you escape from?

11
A California State.

12 Q Tell us, p l ease , approximate ly how much

13 marijuana was involved as to the conviction --

14 A Seven joints. Se ven marijuana cigare ttes.

15
Q Which case are you referring to?

A When I was a kid.

Q Next?
17
A In California -- The next one was Mi a mi. I
18
think I would be safe in saying it was less than a quarte r
19
of an o unce . I think it wa s some thing like eig ht or te n
20
g rams or something like that.
21
Q Go on.
22
A The next conviction wa s for a very -- again a
23
very small amount of marijuana ; certainly not any g rand
24
scale. I don't remember how much . It wasn't e noug h to
25

BLITZ REPORTING CO.

1 ~ PARK ROW. N .Y . 1 0036 PH O N E S' 349-3106-9
 1 Eder

2 really talk about it.

3 Q Under an ounce?

4 A I believe so, but I'm not sure on that one.

• 5

7
Q

A
Under a pound?

Here we are dealing

are dealing with a case in 1964 in San Francisco.

I believe so. Here we

8 In the 1968 case, I think there was a pound

9 involved in that, in the 1968 case.

10 In the case in Santa Barbara, which took place

in '70 or '71, we are talking about a joint or maybe two

11
joints. That was all that was involved in that one.
12

13 I believe the one in Miami was 5,300 pounds.

Q Any others?

A Any other convictions? None.

15
Q \Vhat l.'laS the stolen property?
16
A Some wigs.
17
Q You have told us you have done various time
18
in jail. Would you tell us, please, taking each conviction
19
that resulted in a jail sentence, tell me what the sentence
20

•
was?
21
A As a kid, I went to the reformatory. The
22
second conviction was probation. The third conviction,
23
which took place in 1959, resulted in my going to, first,
24
to the United States Public Health Service Hospital in
25

BLITZ REPORTING CO.

15 PARK ROW, N.Y. 10038 HONFS: 349-31 8-9
 ...... ----
1

2 Lexington, Ke ntucky a nd then to the United States Peni t e n-

LY
3 tiary in Atlanta, Georgia.

4 Q Would y ou g o on, please?

e 5 A 1964, the conviction in San Francisco,

6 California resulted in, 1964 to 1 968 , I was in Folsom

7 Prison, Ca lifo r nia's maximum custody p rison.

8 The 1968 conviction -- that may have been '68,

9 '69. It might have been '69. In fac t, I bel i eve that wa s

10 a 19 6 9 conviction, a nd I went to the California Rehabilita-

11
tion Center in Corona , Cali f ornia.

12 In the 1970, 1971 conviction, I wa s sent to

13 Chino, California, San Quentin, Soledad, Folsom, CMC,

14 Teh achap i, San Quentin, Folsom , CMC, San Quentin, Folsom,

15
CMC. Tha t was my i t inerary.

Q Is that i t?
16
A Yes , that 's it.
17
Q Yo u h ave spent no othe r time in jail other
18
t h a n what you told us?
19
A I have been in a lot of j ai ls. We are talking
20
about my convictions.
21
Q Tell me about other jails yo u have been in.
22
A I can't count them.
23
Q App r oximately how many?
24
A Fifty. I have b een in fifty j a ils.
25

BLITZ REPORTING CO.

15 PARK RO W . N.Y. 1 0038 PHONES: 349 - 3 \0 8· 9
 1 Eder

2 Q Have you been a heroin addict?

3 A Most definitely, for eleven years. 1

4 Q Have you spent more than half your life in jail?

• 5

6 I
A

am 48.
I have spent approximately 18 years in jail and -

]
7 Q Have you ever told anybody you spent half your

8 life in jails?

9 A It's very possible.

10 MR. KAHN: Objection as to form. You

11 have to be more specific as to when and who.

12 Q Did you ever tell Mr. Albert Goldman you have

13 spent half your life in jail?

14 A It's possible, since when I first met Albert

15 Goldman I would have spent half my life in jail.

16
Q Going to the -- It was 5,300 pounds

A I haven't been in prison for that.

17
Q Do you know why?
18
A The case is on appeal.
19

20
Q Is there a sentence that has been passed?

•
A Three years.
21
Q What court does that derive from?
22
A Miami.
23
Q Your alleged reputation as an honest outlaw
24
was gained therefore in what kind of enterprises, what kind
25

BLITZ REPORTING CO.

15. PARK ROW, N.Y. 10038 PHONES: 349-3108-9
 1 Eder

2 of activities?

3 A My ·1i fe style.

4 Q Does your life style involve violating any

• 5

7
particular law?

Q
Certainly.

Which?

8 MR. KAHN: I object to that question.

9 MR. MICHAELS: The man claims his reputa-

10 tion is defamed. I asked about what his background

11 is with regard to that reputation.

12 MR. KAHN: You are asking him to identify

13 a specific legal statute.

14 THE WITNESS: Yes, I can identify the

15
statute as the marijuana laws. I have broken all

the marijuana laws.

16
Q You have broken the marijuana sale law repeated-
17
ly, have you not?
18
A I most certainly have. I used to sell it to
19
your client.
20

Q You say you sell it. You are speaking in the

21
present tense?
22
A No, you didn't ask me that. You asked me if
23
I sold marijuana. I sold marijuana.
24
Q De you presently?
25

BLITZ REPORTING CO.

15 PARK ROW, N.Y. 10038 PHONES: 349-3108-9
 1

2 A No, I don't have any.

Eder
@
Q When did you most recently do so?
3

4 A Sell marijuana?

• 5

7
Q

A
Yes.

I think that's irrelevant.

MR. KAHN: I object to that.

A If you want to ask me when I last sold marijuana

8

to your client, I would be happy to answer that.

9
Q Thank you for your solicitous concern.
10
Are you telling us that your reputation as an
11
honest outlaw was derived from the marijuana business?
12
A Part of it was.
13
Q \·/hat was the other part?
14
A The outlaw life style.
15
Q What does that outlaw life style involve? What
16
do you mean?
17
A How you live your life as an outlaw: Do you
18
do business in a correct manner, are you honest in your
19
present dealings with other outlaws and other people.
20

•
T2 Q With regard to the cases that you have told us
21
about that involved either your arrest or your conviction
22
A Excuse me, I want to clarify that. I am not
23
stating on this record that what I told you about my ar-
24
rests is the sum total of my arrests. Let's make that very
25

BLITZ REPORTING CO.

15 PARK ROW, N.Y. 10038 PHONES: 349.3\08-9
 1 Eder 25

2 clear. I don't want anybody to come back and tell me I

3 lied to you. I am just dealing with my convictions. I

4 can remember the convictions; I can't possibly remember

• 5

7
the number of arrests.

in one week.

Q
I have been arrested ten times

Could the number of arrests be possibly over

s a hundred?

9 A The number of arrests are all on the rap sheet

10 and sometime.between now and the time we go to court, that

11 rap sheet will appear.

12 Q In the course of any of the arrests or the

13 prosecutions resulting from those arrests, whether or not

14 they led to convictions, did you ever give information to

15 any government investigative or prosecutorial agency?

MR. KAHN: I object to that question again

16
on the grounds of the breadth and I ask you to be
17
more specific about what you were talking and ·when.
18
MR. MICHAELS: Off the record.
19
(Discussion off the record.)
20

•
MR. MICHAELS: Back on the record.
21
Q Mr. Eder, have you ever given information, in
22
the course of any criminal investigation or prosecution,
23
to the United States Customs Service?
24
A At no time.
25

BLITZ REPORTING CO.

15 PARK ROW, N.Y. 10038 PHONES: 349-3108·9
 1 Eder 26

2 Q To the United States Coast Guard?

3 A At no time.

4 Q To the United States Drug Enforcement Adminis-

5 tration or its predecessors?

6 A Only to the United States Drug Enforcement

7 Administration and I stated prior to that what that in-

8 formation was. That information was dealing with a leak

9 they had in.their computer. There was a method of gaining

10
access to information coming out of their computers and I

11
plugged that leak for them.

12 Wait a minute, I want to finish stating that

13 I have an understanding with government agencies I wi°ll at

14 no time be asked questions that may lead to an arrest or

15 conviction.

Q Have you ever given information to the FBI?

16
A Oh, yes, definitely.
17
Q How many times?
18
A Once.
19
Q Under what circumstances?
20

•
A I made a deal with the United States Government
21
Federal Bureau of Investigation to ascertain whether or not
22
their telephones were in fact capable of being tapped. I
23
then tapped their telephones and sold them that information
24
in order to get myself and other people out of problems with
25

BLITZ REPORTING CO.

15 PARK ROV.'. N.Y. \0038 PHONES: 349-3108-9
 1 Eder 27
)
2 the United States Government.

3 Q Did you ever give the information to any United

4 States attorney, assistant United States attorney or as-

• 5

7
sistant district attorney?

the question.
MR. KAHN: I object to the formation of

Specify some definable time period or

8 locality that he can refer to.

9 Q Did you ever give information to any assistant

10 district attorney in the State of New York or in the State

11
of Florida?

12 A About what?

13 Q About any criminal investigation or court pro-

14 ceedings.

A Criminal or court proceedings?

15
MR. KAHN: Again, I object as to the form.
16
Are you referring to an investigation or court pro-
17
ceeding with respect to Mr. Eder or an investigation
18
or court proceeding with respect to any other person?
19
Q I will ask both. With respect to yourself,
20

•
with respect to an investigation or court proceeding con-
21
cerning yourself as a defendant or prospective defendant,
22
did you ever give information to an assistant U.S. attorney
23
or an assistant district attorney in New York, Florida or
24
California?
25

BLITZ REPORTING CO.

15 PARK ROVJ, N.Y. 10038 PHONES: 349°3108-9
 I Eder (;;;)
2 A Yes.
l1? I
3 Q How many times?

4 A Well , I had a case up here and I had cases

5 down in Florida and I had cases in California . Since I

6 was appearing propria perso na, in many cases I represented

7 myself and I had reason to come in contact with assistant

8 district attorneys.

9 Q With regard to any criminal investig ation or

10 prosecution of any other pe rsons, have you ever given any

11
information to any investigati ve agency or prosecutorial

12 agency in any of those thre e states?

13 A Let me be very clear about this: With regard

14 to any informa tion or any testimony that might lead to an

arrest or conviction of any human being, I ha ve not given

15
a ny info rmat ion to any agency or a.nyone, period . That will
16
solve t hat .
17
Now , I may ha ve g i ven info rmation but I was
18
always very careful to make i t clear that the in f orma tion
19
that I wa s giving, I woul d n ' t be asked any questions. I
20
refused to d e al with any questions that would lead to any-
e 21
one's convic tion or arrest.
22
Q You may have given info rmat ion, with r e gard to
23
other people, to law e nfor cement agencies or prosecutors?
24
A No . No, b ecause --
25

BLITZ REPORTING CO.

15 PARK ROW. N.Y. 1 003 8 P HO N ES: 349-3108- 9
1 Ede r 29

2 Q Did you not just say , "I may have g i ve n in-

3 formation "?

A I have given information. I told y ou that . I

4

s have g iven information with regard to the tappi ng of

6 government t e l ephones . The entire governme nt network, I

7 found a way to get into it and I sold them that in fo rma tion

8 and then I found a way to get into their computers, the

9 National Crime Info rma tion Center c omputers, and the

10
El Paso Info rmation Center computer. That's it.

Q Those are the only time s y ou have ever give n

11

12
information?

13 A That is absolutely correct. Tha t is the only

time I have ever given that information. I hav e made it

14
clear to whomsoever I wa s dealing with tha t I would at no
15
time g ive them any informa tion that might l ead to an ar-
16
r e st or conviction.
17
Q Yet you therefore are co nced ing t o us that in
18
c e rt a in limited ways y ou s pecified that you we re an e mployee
19
of certain government --
20
A At no time h ave I ever been a n emp loyee of any
21
government agency .
22
Q Have you b een paid by - -
23
A At no time have I ever b ee n paid by a ny go ver n-
24
ment agency for a ny information, categorically.
25

BLITZ REPORTING CO.

15 PARK R OW, N .Y. 1 003 6 PH O NE S' 349-3 1 OB- 9
 1 Eder 30

2 Q Here you paid for the assistance you gave them

3 with regard to the computer or telephone?

4 A I was not paid even expense money. I never re-

• 7
5

6
ceived -- They attempted at one time to reimburse me for

air fare across the country and I ref used to accept the

money they offered to me. At no time has the government

8 ever given me any money except when I came out of prison.

9 Q Did the government provide you with any con-

10 · sideration with regard to any of your cases?

11
A Well, of course. That was the deal.

12
Q What was the deal?

13 A The deal was I gave them certain information in

14 order to beat certain cases.

15 The United States Government got me out of

prison in December 16, 1974. I was released from the

16
California Prison. This was done with the help of the
17
United States Government. They were.trying to get me out
18

for a year to work on the possibility of their telephones

19
being tapped.
20

• 21

22

23
Q Did you ever give information concerning a man

named John Draper, known as "Captain Crown"?

A Absolutely not.

Q Have you ever given information to any govern-

24
ment agency with regard to Hr. Lenny Bruce?
25

BLITZ REPORTING CO.

15 PARK ROVI, N.Y. 10038
 1 Eder 31

2 A Most definitely not.

3 Q Did you ever give information to any government

4 agency with regard to Mr. Thomas King Forcade?

• 5

7
A At no time. At one time the government agency,

at one time attempted to coerce me into giving information

with regard to Thomas King Forcade. At the time this took

8 place, I adamantly refused to give them any information

9 whatsoever at the risk of having my deal with the Drug

10 Enforcement Administration go·. down the tubes because this

man had to sign something that would allow the deal to go

11

12 through, and he tried to use that as a lever in order to

13 get him to give me information about Thomas King Forcade

14 and I refused to at that time.

15
Q Was the information you gave to the government

with regard to telephone and computer matters, in your be-

16
lief, of value to the government?
17
A Yes. There are two things that the government
18
is concerned with over and above arrests and convictions,
19
and one is the safety of their personnel and the other is
20

•·
the security of their information.
21
Q Did you derive the information you gave to them,
22
in part, from information you gathered from one John Draper?
23
A I will not answer that question since i t may
24
lead Mr. Draper to have problems with the government and he
25

BLITZ REPORTING CO.

15. PARK ROW, N.Y. 10038 PHONES: 349·310B·9
 1 Eder 32

2 certainly cannot afford them at this time.

3 I would like to add to my answer the fact at

4 no time did I give the government any information with

• 5

6
regard to John Draper.

Q However, you would contend that the information

7 you gave was of high value to the government?

8 A Well, let's put i t this way; They traded for

9 it, so they must have thought it was of high value.

10 Q Do you feel that it 1va.s high level information

11 you were giving?

12 A No, sir. Definitely I tapped the FBI telephones

13 at the height of the Patty Hearst investigation and they

14 freaked.

15 Q So with regard to those limited matters, did

16 you provide. the government with high level information?

17 A I object to that simply because you are just

18 trying to fill out that "high level." Alan J. Weberman's

19 line in The Village Voice was that I was a "high level DEA

20
informant." That's not my place to ascertain whether or

not this information was of value to them. You have to

21
ask the DEA agents I am going to put on the stand whether
22
or not it was of interest to them.
23
Q When was it that you were released from prison
24
with the assistance of the United States Government?
25

BLITZ REPORTING CO.

lS PARK RO\V, N.Y. 10038 PHONES: 349-310B-9
 1 Eder 33

2 A December 16, 1974.

3 Q For how long before that had you been in prison?

4 A I went to prison -- Again, it was the conviction

•• 5

6
that took place in Isla Vista,Santa Barbara, California,

and I believe that was 1970 or '71 that I went into prison,

7 and I escaped from prison in December of 1972 and returned

s voluntarily to prison May 8, 1973. I had been in prison

9 for that length of time on that charge.

10 Q During the spring of 1974, did you ever visit

Mr. Thomas King Forcade?

11
A Spring of 1974 was spent incarcerated in the
12

13 California prison.

Q I think I am confused about dates. Have you

14
told us that you were released from prison in California
15
in December of '74?
16
A That's correct. In the spring of '74, I was
17
in the prison.
18
Q During the spring of 1975 then you were re-
19
cently released from prison with the assistance of the
20

•
government; is .that correct?
21
A That's correct.
22
Q During that period of time, did you ever visit
23
Mr. Thomas King Forcade?
24
A During what period of time?
25

BLITZ REPORTING CO.

15- PARK ROW, N.Y. 10038 PHONES: 349-3108-9
 1 Eder

2 Q Spring of 1975.

3 A Yes, I was intimately involved with Thomas King

4 Forcade in numerous business ventures .

• 5

7
Q

Q
Were any of the business ventures criminal?

I object to the word "criminal."

Were any of those prohibited by law at that

8 time?

9 A Yes, they were outlawed definitely.

10
Q Did you ever visit Mr. Forcade at the Fifth

Avenue Hotel at Ninth Street?

11

12
A Yes. On a daily basis for many months during

13 the time we had that suite.

14
Q 11
V'Je 11 ? You said "we 11 had that suite. Were you

a partner?
15
A During the time we had that suite -- I will
16
change that.
17
Q What business was carried on at that location?
18
A What business was carried on at that location?
19
Numerous businesses, I suppose.
20

•
Q What businesses, if any, that you know about?
21
A Work on HIGH TIMES MAGAZINE, distribution of
22
marijuana.
23
Q In what kind of quantities?
24
A Hundred pounds, 200 pounds, 500 pounds.
25

BLITZ REPORTING CO.

15. PARK ROW, N.Y, 10038 PHONES: 349-3108-9
 1 Eder

2 Q Were you one o'f the partners in that venture?

3 A I certainly was.

4 Q And during that time, were you cooperating with

5 the government?

6 A Wait just a moment.

7 MR. KAHN: I object to the form of the

8 word "cooperating" with the government because I don't

9 know what it means and I am not sure

10 A Yes, that's what stopped me.

11 Q During that time, were you providing information

12 to any government agency?

13 A Yes, I was working at that time on the computers

14 Q What agency was it that you were dealing with

15 at that time?

A The Drug Enforcement Agency.

16
Q Did there come a time when the marijuana sales
17
business at the Fifth Avenue Hotel ended?
18
A They sure did.
19
Q Do you know the circumstances under which it
20

ended?
21
A I wasn't there at the time, but from my in-
22
formation, something happened to the sprinkler system and
23
it went off, thereby flooding the suite and causing the
24
fire department to break into that suite and I believe they
25

BLITZ REPORTING CO.

15 PARK ROW, N.Y. 10038 PHONES: 349-3108-9
 I Eder 36

2 found a quantity of marijuana there. Following that, when

3 the district attorney here in New York attempted to coerce

4 me into testifying with regard to that marijuana belonging

• 5

6
to Thomas King Forcade.

A
Is that Mr.

That's correct.
Newgarten?

8 Q You say he attempted to coerce you. What did

9 he say?

10 A That's correct. He said he knew I had a deal

with the Drug Enforcement Agency to kill the case for me

11

12 in New York City here based on information that I had

13 supplied to them with regard to the computers, and he

14
attempted to -- I don't know the right word -- quash the

deal. He refused to allow the deal to go through unless

15
I agreed to testify or give information against Thomas
16
Kini; Forcade, at which time I told him to "get fucked."
17
Q Close quote?
18
A Close quote.
19
Q Thank you.
20

•
A And told him my deal with the Drug Enforcement
21
Agency -- and I lived up to my deal with the Drug Enforce-
22
ment Agency -- my deal, at the beginning, with the Drug
23
Enforcement Agency, was at no time was I to be asked for
24
any information that might lead to an arrest or conviction,
25

BLITZ REPORTING CO.

15 PARK RO\V, N.Y. 10036 PHONES: 349-3\0B-9
 1 Eder 37

2 so I didn't have to supply him with that information and

3 if he refused to go along with the DEA, then that was the

4 problem between him and the DEA and to leave me out of i t .

• 5

7
Q Mr. Eder, when you did give information to

governmental agencies, you told us you had an understanding

that information would not lead to an arrest and you would

8 not be asked questions that might lead to an arrest; is

9 that correct?

10 A No. ·11y original deal with the United States

11 Government was simply the deal was made while I was in

12 prison and I told the man he had read me completely wrong

13 if he thought I would trade my prison cell for another

14 man, put another man in my place. We made an agreement

15 at the time, not only was I not expected to give up any

16 information and would not be asked any questions that may

17 lead to an arrest or conviction.

18 Q Did you ever have any agreement you would never

mention anybody's name?

19
A No, I don't think so.
20

•
Q Your agreement was while you might mention
21
somebody's name, no arrest would result; is that correct?
22
A No. Let's get i t straight. You are getting
23
cute again. You get cute a lot. Don't do it.
24
Our agreement was I might be asked questions
25

BLITZ REPORTING CO.

1.:5. PARK ROW, N.Y. 1~30 PHONES: 349-3106-.9
 1 Eder 38

2 that would lead to an arrest or conviction. At the time

3 I made my deal with the government, I fully understood the

4 fact there are things that are more important to an in-

• 5

7
vestigative agency of the United States Government than

arrests or convictions, and those two things are the safety

of their personnel and the security of their information

8 and communications; therefore, my deal with the government

9 as to a system in areas dealing with the safety of their

10 personnel or their securities of their information or com-

munications.
11

12
Q But in the course of the information you did

13 get, you may have named names?

14 MR. KAHN: I object to the form of that

question.
15
A Yes.
16
Q Did you ever name the name of anybody who
17
committed a crime, in the course of giving information?
18
A No. Now we can deal with the question. No.
19
Okay.
20
Q I want to thank you for your compliment on my

•• 21

22

23
looks.

You have told us you know you sometimes repre-

sented yourself in dealing with the prosecutors; is that

24
correct?
25

BLITZ REPORTING CO.

15 PARK ROV/, N.Y. 10038 PHONES: 349-3108-9
 1 Eder 39

2 A Yes, I was propria persona in a case in Los

3 Angeles County, which I beat, and in Ventura County and

·4 in Santa Barbara County and San Luis Obispo County I

• .s
6

7
represented myself in those cases and those jurisdictions .

A
Any of those cases lead to guilty pleas?

The Los Angeles case was acquittal and the

s case in Ventura, California led to a guilty plea, and the

9 case in Santa Barbara, California led to being found guilty

10 by a jury, and the case in San Luis. Obispo County led to

11
a plea of guilty on an escape charge.

12
Q There have been times where you have had

13 attorneys representing you?

14 A Oh, definitely. Those are the only times I

15 was not represented.

16
Q The case involving the 5300 pounds in Florida,

did you have an attorney in that matter?

17
A I did.
18
Q Who was that?
19
A During the case?
20

•
Q Yes .
21
A During the trial itself?
22
Q Yes.
23
A Michael Kennedy.
24
Q Did he resign as your attorney?
25

BLITZ REPORTING CO.

15 PARK ROW, N.Y. 10038 PHONES: 3~9-310B·9
 1

2 A

Q
He did.
Eder

Did he give a reaso n for it at the time that

G
3

4 you know of?

5 A He did .

6 Q What was that?

7 A He said he didn't want -- he wouldn't defend

8 people that worked with the gover nment .

9 Q In fact , did he call you an informant?

10 A He did .

11 Q Did he express shock you had not told him?

12 A Yes.

13 Q Had you told him?

14 A No .

Q So you did not inform your attorney that you

15
had a relationsh ip with governmenta l agencies?
16
A That is correct.
17
Q At that time did you ask Mr . Kennedy to delay
18
before informing anybody of the new fac t he had learned?
19
A That is correct , and which he did .
20
Q And therefore, he later revealed it, with your
21
consent?
22
A He did not at my consent .
23
Q Did an allegation that you were show n t o have
24
been a government informant and an informant for the DEA
25

BLITZ REPORT IN G C O .
15 P A RK R OW, N.Y. 10038 PHONES : 349-3106 -9
 1 Eder

2 ever appear in prin.t that you know of?

3 A Yes, it did.

4 Q Where and when?

5 A HIGH TIMES MAGAZINE. 'rhe when would be, I

6 think, the Christmas issue two years ago.

7 Q And?

8 A About a year and a half -- Not this last

9 Christmas but the Christmas issue prior to that.

10 Q Was that statement true or false?

A Let me see it again so I can say what is true

11

12 and what is false.

13 The statement is false and I will deal with

14 where it is false in just a moment.

As far as this is concerned, it states here,

15
and I will· read the heading, "Dope Hero Turns Narc." The
16
term "Narc" means either someone who is working for the
17
Narcotics Agency for the United States or an informant in
18
narcotics cases for the United States Government. That is
19
untrue. It also says here, on the seventh line of this
20

• 21

22

23
article, it says, "was revealed in court as a government

informant."

law.
That is untrue. Never came out in a court of

MR. KAHN: Are you introducing this· into

24
the record?
25
BLITZ REPORTING CO.
15 PARK ROVl, N.Y, 10038 PHONES: 349-3108-9
 1

2
Eder

MR. MICHAELS:
(2·
Would you like to mark it?

3 MR. KAHN: Yes.

4 MR. MICHAELS: Fine.

• 5
Q The false allegation that appeared in print in

6 HIGH TIMES MAGAZINE that you had been revealed in court to

7 be a narc, did that cause you a loss of income?

8 A Yes.

9 Q What income?

A Income derived from the marijuana business.

10

Q Did it cost you any loss of income in your

11

12 yachting business?

13 A No.

Q Did it cost you any loss of income in any other

14

businesses?
15
A I don't think so.
16
Q Did it cost you any loss of reputation as an
17
honest outlaw or otherwise?
18
A Most definitely.
19
Q In fact, isn't it the kind of allegation you
20

•
are complaining about in this case?
21
A Most definitely, but not quite as strongly
22
because there was no specificity as to what it was I was
23
supposed to have done within the HIGH TIMES article.
24
Q In fact, is it your opinion that the HIGH TIMES
25

BLITZ REPORTING CO.

15. PARK ROW. N.Y. i003B PHONES: 349·3\0B-9
 1 Eder 43

2 article caused much more damage to your income as an out-

3 law?

4 A Possibly.

• 5

6
Q Have you, 'to' this date, taken any legal action

against HIGH TIMES MAGAZINE or Transhigh Corporation?

7 A No, I have not, but that was simply because at

8 the time I was not in a position to do so and I am glad you

9 brought that to my attention, because we intend to do it at

10 ·this point.

11 Q Did you ever complain in writing that the in-

12 formation published therein was false?

13 A No, not in writing.

14 Q Did you ever complain orally that it was false

15 to HIGH TIMES MAGAZINE?

16 A No, Thomas King Forcade.

17 Q What did you say?

18 A Told him it was bullshit and

19 Q What did he say?

20 A Be that as it may, Thomas King Forcade and I

• 21

22

23
were in business with the marijuana and he cheated me out

of a large sum of money and that is what was the basic

argument originally.

Q How much marijuana did you and Thomas bring

24
into the country during the course of that business?
25

BLITZ REPORTING CO.

1S PARK RO\'.', N.Y. \0038 PHONES: 349-3108.-9
 1 Eder ( 44 )
2 A Many thousands of pounds. U/
3 Q How many different importations were involved ,

4 approximately?

5 A Three .

6 Q By airplane, ship or how?

7 A By boat .

8 Q So in fact there came a time when you felt that

9 Thomas King Forcade cheated you out of a l arge sum of money?

10 A He did .

11 Q When was that ?

12 A When did I l e arn he cheated me out of the

13 money?

14 Q Yes .

15 A April , 1 97 7 .

16
Q And so after Apri l 1977 , what was your opinion

of Mr . Forcade's honesty?
17

18
A I stopped doing busines s with Mr. Forcade a t

t hat point and took my money back a way from him .

19
Q What was your opinion of Mr. Forcade?
20

A That he was a ch~at; that he wa s not an hone st

21
outla\·1 .
22
Q Did you ever tell a nybody that?
23
A Tom Forcade .
24
Q Anyone else?
25

BLITZ REPORTING CO.

15 PARK ROW. N .Y. 10036 PH O N ES ' 3 4 9-3 1 06- 9
 1 Eder 45

2 A No, I didn't feel it was necessary. A lot

3 of people knew about it. Yes, I did tell a lot of people

4 in the business so they could protect themselves from Mr .

• 5

7
Thomas King Forcade.

Q Did you ever complain in writing to Mr. Michael

Kennedy about his having said you were a narc or drug

s agency informant?

9 A No.

10
Q Did you ever complain orally to him about that

statement?
11

12
A Yes.

13
Q What did you say?

14
A You know, I said that since that wasn't true,

that I felt he was wrong in saying that.

15
Q What did he say?
16
A He said, well, you know, he said we are all
17
entitled to our opinion. In fact, I think it was his words.
18

19

20
Q

A
Did you ever take any legal action against him?

No, I haven't yet.

]
•
Make a note . I am suing him too. Let's simplif
21
that.
22
Q Do you have any claim to any secret, confidentia
23
conversations with Mr. Kennedy about your status as an
24
alleged informant on narcotic cases?
25

BLITZ REPORTING CO.

15 PARK ROW, N.Y. 10038 PHONES: 349-3108-9
 1 Eder

T3 2 A I am not sure I understand what you are talking

.3 about.

4 Q You have told us something about conversations

• 5

7
\vi th Mr. Kennedy, your former attorney, concerning the

allegation which he made which was reported in HIGH TIMES

that in fact you were a narc informant.

8 A Did I?

9 Q I am saying, are you claiming there was any

10 other conversation with him with regard to your status as

an informant which was secret or confidential?

11

12 A Yes, all of it was secret and confidential. He

13 was my attorney.

14 Q Were any of those secret and confidential con-

versations concerning whether.or not you were in fact a

15
narc informant?
16
Most definitely.
17
Q You have told us that you wished to consider.
18
bringing legal action against Mr. Kennedy. I take it you
19
would not object to his testifying about your conversations
20

•
concerning your alleged status as a narc informant?
21
A l'lould I object to that? I already object to
22
that. I object to his having violated the attorney-client
23
relationship and it has just dawned on me, sitting here in
24
your office, I should take legal action against him.
25

BLITZ REPORTING CO.

15 PARK ROW, N.Y. 10038 PHONES: 3.:l9-3 \ 08-9
 1 Eder 47

2 Q You are saying he violated a confidence tha t

3 in his opinion you were a narc informant?

4 A That is correct.

5 Q You are contending there were conversations you

6. had with him in which that was discussed in which you ex-

7 pected and hoped would be kept secret?

8 A Yes.

9 Q During those conversations, did you and he dis-

10
cuss your activities , however limited, in assisting the

government?
11

12
A Correct.

13 Q Have you ever give n information to any govern-

ment agency concerning a narcotics investigation or prosecu-

14
tio n?
15
MR. KAHN: I am going to object to tha t . .
16
The question was asked and ~nswered earlier.
17

]
Q Were there other places , aside from the Fifth
18
Avenue Hotel , where you and Mr. Forcade conducted an outl aw
19
business , as you cal l it?
20
A I don't have to
21
MR. KAHN: I object to the question and
22
direct him not to answer .
23
A Hold it. I will answer the question bu t I won ' t
24
ge t into any specificity .
25

BLITZ REPORTING CO.

15 PARK ROW. N.Y. 10038 PHONES: 349-3108-9
 1 Eder

2 Yes, We are involved.

3 Q Were there, in fact, several other places?

4 A Yes. J
5 Q Where do you live?

6 A In my suitcase. I do not have a permanent

7 domicile.

8 Q Do you own real estate in Manhattan?

9 A No. I don't own real estate anywhere.

Q Are you a partner, member of a firm or share-

10
holder in any business which owns real estate in Manhattan?
11
A No.
12
Q Do you own any boats?
13

A No.
14

Q What is your business. at this time?

15
A I'm a corporation in New York.
16
Q Which does what?
17
A Sells ears.
18
Q E-a-r-s?
19
A Sells ears.
20

• 21

22
Q

Q
Is that the sole business of that company?

At that point, yes.

What is the name of the company?

23
A Picaresque of New York.
24
Q What business did that corporation normally
25

BLITZ REPORTING CO.

15 PARK RO\V, N.Y. 10036 PHONES: 349-3108-9
 1 Eder 49

2 conduct?

3 A Conducting no business besides that. ]

4 Q Have you made arrangements for any improvements

• 5

7
on any real estate in Manhattan within the last two years?

A I don't know what that means, so I can't answer.

Would you be a little more specific, you know, instead of

s being a lawyer?

9 Q Have you arranged for services of architects,

10 carpenters, electricians, renovators, restorers; rebuilders

11
or any other persons whose business is involved in the im-

12 provement of realty?

13 A I worked on it for a while but nothing came to

14 fruition.

15
Q A building at what address?

A I don't know the address. It was in the

16
twenties but I didn't buy the building, so that's it
17
was a plan to buy a building through a corporation I was
18
involved with and the plan never came to fruition. That's
19
all.
20

•
Q Are you telling us then that at one time you
21
made a contract to purchase a building but did not close
22
the deal?
23
HR. KAHN: I object to that.
24
A No, I didn't make any contract to purchase any
25

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 1 Eder

2 building.

3 Q What was the price of the building which you

4 didn't buy?

• 5

7
A How does that relate?

MR. KAHN: I object to this entire line

of questioning for the reasons it is totally im-

8 material to any defense that may be legitimately

9 raised ·in the action and there is no indication what

10 Mr. Michaels is talking about and I think it is un-

11
fair to ask the witness to respond. I am not sure.

12 what you are talking about and I am not sure my

13 witness does either.

14
Q Do you have any business other than the·

15 Picaresque business you have told us about?

A What other businesses do I have or what other

16
businesses do I project?
17
Q What other businesses are you conducting now?
18
A In the United States, none.
19
Q Outside the United States?
20

•
A Various other business ventures .
21
Q Such as?
22
MR. KAHN: I am going to object.
23
HR. MICHAELS: I am going to object to
24
your objection. The claim is that there is a dero-
25

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15 PARK ROW, N.Y. 10038 PHONES: 349-3108·9
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1 Eder

2 gation of his business and income a nd I am

3 what business he is in.

4 A Let me think abou t that. I am in t he opal

5 business in

6 Q You mean the cars or qem stone?

7 A Gem stone .

8 Q Anything else?

9 A That's it.

10 Q You are not in any yachting or boat-oriented

11 business?

12 A Yes , I am, but I'm not making any money at it.

13 Q What does that business involve?

14 A Involves owning a piece of a corporation that

15 owns and charters boats.

16 Q How many boats does that company own?

17
A At this point, one .

18 Q Where is that business locat0d?

19
A I prefer not to answer that.

20
Q Is y our attorney objecting to it?

A I do n't n eed my attorney to tell me not to

21
a ns we r the quest ion.
22
Q Whe r e is your boating business lo c at e d?
23
A Off the record .
24
(Di s cussion o f f the record .)
25

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1 ~ PARK ROW, N.Y. 10038 PHONES: 349-3108- 9
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2
Eder

MR. MICHAELS: Back on the record.

G
3 A In the Caribbean and further than that, I would

4 rather not state, and the reason I would rather not state

• 5

7
i t is simply because I already have J:ieen injured by this

party and I don't want that information available to this

party.

8 Q Under what jurisdiction? What island or

9 locality?

10 A That is exactly what I'm telling you I am not

11 going to tell you.

12 MR. MICHAELS: Off the record.

13 (Discussion off the record.)

14 MR. MICHAELS: Back on the record.

15 Q You are not making any money from that this

16 year, the boating business?

17
A No.

18
Q Did you make any money from it last year?

19 A Yes.

Q About how much?

20

• 21

22

23
that?
A

Q
A few hundred dollars.

Did you make any money from it the year before

A I wasn't in it the year before that.

24
Q How about the opal business; are you making any
25

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 1 Fr3er

2 money this year?

3 A A few dollars.

4 Q Make a ny money in it last year?

- 5

7
A I wasn't in it last year.

Pardon me , that's wrong .

year and no , I did not make any money in it l as t yea r.

I wa s in it last

8 Q What are you making money in this yea r?

9 A Nothing . It is a pre tty bad year so far.

Q What did you make money in last year ?

10

A I said I made a few dollars in the boat

11

12
busines s l as t year. Maybe two, three hundred dollars.

13
Q What else?

14
A That's it.

Q How did you support yourse lf l as t yea r?

15
A I didn't.
16
Q How did you buy food?
17
A I didn't.
18
Q You did without food all year ?
19
A No. I didn't buy any food .
20
Q You are telling us that your only income fo r
21
the year or the only income was f rom those businesses?
22
A From tho s e businesses.
23
Q l".111a t was your total income for the ye ar 1976?
24
A Maybe three, five, four hundred do llars.
25

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15 PARK ROW. N . Y. 10038 PH O NES: 349-3108-9
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2 Q How about 1977?

3 A Probably about the same .

4 Q How about 1978?

5 A I don't know. I can ' t deal with tha t beca use

6 I don't know how much I made because I don't keep any re-

7 cords, but that's what I figure I made.

8 Q You do keep copies of the tax returns you file,

9 do you not?

10 A No, I don't have any tax returns. I don't file

income tax.
11

12 Q You don't file any income tax anywhere?

13 A That's correct .

14 Q How much did you make from the marijuana

15
business , let's say, in 1975?

A I have no idea.
16

Q 1976?
17
A I don't know.
18

Q 1977?
19
A Don ' t know .
20
Q 1978?
21
A Don ' t know .
22
Q 1979?
23
A Don ' t knd~.
24
Q You have been in the marijuana busi ness in 1979?
25

BLITZ REPORT I NG CO.

15. PARK ROW, N.Y. 10038 PHONES' 349-3108-9
 1 E<ler 55

2 A No.

3 Q I ' m sorry . I thought you said you didn ' t know

4 how much you made in the marijuana business in 1979. Are

5 you saying you don ' t know because you were in the business

6 or you don't know --

7 A I'm sayi ng I don ' t know because I have n't been

8 doing anything in 1979 in the marijuana business . I have n't

9 been in the marijuana business in 1979 , but I was in t he

10 marijuana business prior to 1979.

11
Q Up through 1978 , perhaps?

12 A Sure .

13 Q You t old us about a dispute with Mr . Forcade

14 t hat led you to feel he cheated you out of a substantial

sum of money. How much money was that?

15
A It was n ' t money ; i t was marijuana.
16
Q How much marijuana was it?
17
A Fifty pound s .
18
Q How much does that g o for?
19
A It depe nds on your neighborhood .
20
Q Appro ximately at that time, l et 's say in the
21
neighborhood in which the act you were comp laining about
22
occurred?
23

24

25
A

Q
l\.bout $200 a pound.

About $10 , 000, maybe?

It was in Florida.
]
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15 P ARK ROW. N.Y. 1003 8 PHONES' 349-3108-9
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2 A
Eder

Yes, about ten grand. But you see, in the~

3 course of this there is a cost of doing business; the cost

4 of doing business is all of it. I don't make any profits,

• 5

7
so I don't pay any taxes. It's obvious what I am saying

is I don't pay any taxes to the United States Government

and I don't have any intention to pay taxes to the United

8 States Government. Therefore, I am not going to state

9 under testimony that I made any money on any ventures.

10 Q Have you ever or do you ever intend to pay

taxes to the State of New York or the State of Florida or

11

12
any other state or municipal jurisdiction?

13 A I don't intend to pay any taxes to any govern-

14 ment agency in the world at any time at this point, Since

I am an anarchist., I don't believe in government.

15

Q Have you done that in the past? Have.you made

16
out tax returns and paid taxes?
17
A I can't ever remember making a --
18
Q To any state or municipal government?
19

l
A I have sort of a deal with the government.
20

•
Whatever they get is theirs and whatever I get is mine .
21
Q This deal, is this like the other deals you
22
are telling us about where you made a specific agreement
23
with some government official?
24
A I have no agreement with any government
25

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2 official. I just decided I'm not going to pay any taxes.

3 Q You used the word "deal," as a joke?

4 A I have, at times, say, for a few days, worked

• 5

7
and the monies that I may have earned would have been,

would have had withholding taxes taken out of it, and if

there was any withholding tax which was taken, I never

8 filed to get any back and I let the government keep that

9 but I did not file income tax. I just refuse to file it.

10 I don't pay any attention to that.

Q Where did you get the money to use to go in

11

12 the boat business?

13

14
A I didn't put any money in the boat business.

They pay me a small amount of money for advice.

]
Q We are all aware that legal proceedings are
15
expensive. How do you finance legal proceedings; from
16
what source of income?
17
A My attorney, at this point, does not charge
18
me any money. He has -- I believe he used the term ''pro
19
bono." Is that the term? Pro bono publico. Since I don't
20

•
pay this poor fellow, we are wasting a tremendous amount
21
of time. I don't pay any attorney.
22
Where did I get the money to pay Michael
23

24
Kennedy?
. From the marijuana business. J
Q In fact, over the course of your dealings in
25

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1 Eder 58 )

2 the marijuana business , you have taken in a great -·

deal

3 of money , have you not?

4 A Yes, but I didn't make any. The cost of doing

5 business was always just about exactly the amou nt of the

6 marijuana business.

7 Q Would you say , perhaps, over the cours e of

8 your lifetime you have taken in more than a million dollars

9 in t he marijuana business?

10 A ·rf the questio n is, has a milli on dollars gone

11
through my hands in the mariju a na business, yes .

12 Q So given the income position that you are tel l-

13 ing us that you have at this point , you are not claiming

14 that Mr. Weberman 's article caused you any loss of any in-

15 c ome in the opal or boat business, are you?

A · I'm claiming that it caused me not to make any

16
money and that is why I haven't made any money, because
17

there are certain peop le who have re f used to do business

18
with me based on the fact Weberman ' s article state s I am
19
an informant and who have testified before a grand jury
20

in Brooklyn .
21
Q l·v ho were thos e people that refused to do
22
business with y ou as a result of the artic l e ?
23
A Well, I attempted to hire someone for the
24
magazine that I h a d projected for the future , recently,
25

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15 PARK ROW . N.Y. 10038 PHONES: 349 · 3108·9
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2 and that person said, "If I want a cop, I will

3 police station.''

4 Q With regard to your earnings in the opal

• 5

6
business or boat business, are there any earnings that you

have lost as a result of the publication of this article?

A Yes, I believe so. There is a fellow in Texas,

7

8 his name is Ray

9 Q Ray what?

10 A Carter.

11 Q Do you know his address?

12 A No, not at the moment, but I will certainly

13 get it for you. And Ray Carter refused to become involved

14 with me in the opal business over the incident.

Q Had you previously been involved in the opal

15

16
business with Mr. Carter?

17
A No.

Q That was only a plan possibility?

18
A The venture. The venture specifically went
19

20
down because of this article.

• Q Did that venture produce any income to you in

21
the past?
22
A No.
23
Q Do you ever charter your boat to smugglers?
24
A No.
25

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J'
'..______/
2 Q Outlaws of a ny kind?

3 A Not to my knowledge .

4 MR. MICHAELS: Let ' s take a recess.

5 (Reces s taken .)

6 BY MR. MICHAELS:

7 Q Do I und erstand correctly yo u have told us

8 that your only income from legitimate businesses , duri ng

9 1977 and 1978, was a few hundred dollars?

10
A No. You understand correctly as stating that

that is all I wish to state that I had made simply becaus e

11

12 I do n't want it to appear anywhere on the record that I

13 have stated more than that because I don't wan t the govern-

14 ment, at some point , to come back to me and say why didn ' t

I pay taxes on it.

15
Q Did you lose a~y money on a ny existing legi timat
16
business as a result of the publication of the article?
17
A Yes , I did. It has caused me - - It has caused
18
me to postpone the publication date of magazine that I have
19
been planning for the past year.
20
Q Did you have any income from tha t magazine in
21
the past?
22
A No , it was just a projected income.
23

l
Q Is there any existing business that provided
24
you with income which has been harmed economica lly by thi s
25

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vi
2 publication?

3 MR. KAHN: I have to object to that

4 question on the grounds it already has been asked

•
. 5

6
and answered.

MR. MICHAELS: Off the record.

(Discussion off the record.)

7

8 MR. MICHAELS: Back on the record.

9 A Yes. The reason I have not done any business

in the marijuana business in 1979 is primarily based on

10

this article.
11
Q In fact, the primary loss economically you had
12

13
as a result of this publication is the decline of your

14
marijuana business, is it not?

A Exactly.
15
Q That is the overwhelming and predominant thing
16
that the case is about, isn't it?
17
A Yes. It most certainly is. I think I can
18
answer that that is true.
19
Q Thank you.
20

•
Off the record .
21
(Discussion off the record.)
22
MR. MICHAELS: Back on the record.
23
Q You have told us about your belief that that
24
article was published with malice?
25

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2 A Correct.

3 Q What do you believe the origin was of that

4 malice?

5 A My refusal to any longer sell marijuana to

6 A. J. \•leberman at very good prices.

7 Q When was that?

8 A I stopped selling it to him around June of

9 1977. I believe that is the last transaction, June of

10 1977. It may have been July, ·but I don't remember, but in

11 the summer, spring or summer of 1977 I stopped selling to

12 him.

13 Q You stopped because you believed the selling

14 of marijuana was wrong, against the law or some other

15 reason?

16
A No, I cut him off,

Q Why?
17
A Because I decided he was a pain in the ass.
18
Q Didn't you leave to1vn about that time because
19
of the article that appeared in HIGH TIMES that claimed
20

• 21

22

23
you were·a narc informant?

A Excuse me. The time I stopped doing business,

I cut him -- cut A. J. Weberman fr'om his supply of

marijuana took place in June or July of 1977. The publica-

24
tion in question is, the HIGH TIMES article appeared in the
25

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2 De c emh e r i s su e which prob a bly came out i'lround the e nd of

3 Oc t o ber or the beginning of NovembP-r .

4 Q When wa s it that Michael Ke nnedy made the

5 sta t e me nt that you were a n a rc info rmant?

6 A I believe around Labor Day of that same y e ar

7 and I had cut him off months before that .

8 Q That was during the time ~le n you were working

9 for the governme nt age ncy yo u have n a med in the limite d

way you have specified?

10

A No. I had not wo r ked for those g o vernmen t

11
agencies . I worked twice for the Fede r a l nur e au of In-
12

13
v e stiga tion on the telephone dea l in 1975 and I worked

with the governme nt on the othe r case , t he computers , in

14
1976 , so it was , like , at le a st a minimum of a y ea r h a d
15
gone by since I had anything to do with the gover nme nt .
16
Q Le t me show you this document, sir , Rnd as k y o u
17
if this is y our complaint iri the case we a re di scuss ing ?
18
The summons is o n top and the do c ument b e low th a t is the
19
one I am re fe r ring to .
20
A Ye s , I think so . It l ooks like it.
21
Q Th a nk you . At the time of the e ve nts tha t you
22
are complaining a bout in the lawsuit that we are dis cuss ing
23
today , y our complaint state s in paragr a ph 6 that you we re
24
se lf- employed as e ntrepreneur a nd ve ntu r e ca pitalist ; is
25

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2 that true?

3 A I'm not sure what " venture capitalist" is. I

4 am an entrepreneur . I don ' t have a capital to be a venture

5 capitalist and I know a lot of capitalists with money and

6 I pu t together a lot of deals .

7 Q ivhat do you do when you put together deals?

8 A I'm trying to put together a magazine . I have

9 received commitments for large sums of money to put th is

magazine out, and because of · this article , I have not bee n

10
able to hire certain parties who have refused to work for
11

me simply because of this article and this kind of a re p uta-

12

13 tion .

Q ivho has made commitments to finance your v e nture

14
y ou are te lling us about?
15
A Certain people in the Caribbean .
16
Q Who?
17
A I'm not going to tel l you that. If i t becomes
18
necessary a t trial , if it is up for question , I suppose I
19
wi ll bring thes e people in.
20
Q If there is going to be a trial, it is n e c essary
21
fo r you to establis h a b as is on which to proceed. I a sk
22
you if the basis of the statements in the complaint are
23
true a s to what your income was, and if you are telling
24
me you list spec ific monies , I h ave to ask you to id e ntify
25

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2 which moni e s and from whom.

3 A Time out.

4 (Recess tak e n. )

5 MR. MICHAELS: Ba c k on the record .

6 A My answer to that is I can list three peop le

7 and at the time of the trial . When it b~comes n e ces s ary,

8 I will be very happy to give up tho s e names , but at this

9 point in time , since I have b~en damaged maliciously by

10
Mr . ·w eberman, I have every reason to he lieve those names

I may give you at this point will also be damaqed by Mr.

11

12
Weberman in print and the refore , prior to asking these

13
people if I use their names, I c a nnot give you · their

14
names . However, I will agree that b e fore the month of

February is out, to transmit those name s to you . That is

15
as far as I can go . I can ' t give y ou those p eo ple's names
16
unti l I ask them.
17
Q As a r e sult of the all e gations in the a rticle
18
you a r e compl a ining of, are there a ny other monies that you
19
list?
20
A I think I have already answered that , with re -
.e 21
gard to not being in the marijuana busine ss in 1979 si mply
22
b e cause people don't want to do business with me , based on
23
this article by Weberman .
24
Q Is it your o p inion you have the r ight to be in
25

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 1 Eder 66

2 the marijuana business?

3 MR. KAHN: I am going to object to that

4 on the grounds i t calls for an opinion which is

5 not legally material or admissible and therefore

6 it is not relevant to the deposition.

7 Q Your complaint says in paragraph 6 that at the

s time of the events complained of herein, you were self-

9 employed as an entrepreneur and venture capitalist. Are

10 the bases you told us about the extent of your effort as

an entrepreneur and venture capitalist, that is, the pro-

11

12
posed magazine, the opal business, the boat business and

13 the marijuana business? Is that all the businesses you

14 \Vere in?

A Let me state this. That is correct except for

15
the fact that up to th.is point in time, my attorney, Mr.
16
Marc· Kahn, had no idea of the fact I was in the marijuana
17
business. That is the first he learned of that, so we will
18
clear the record.
19
Yes, that is true, other than having losses --
20

• 21

22
I can only think of one loss in the opal business, but I

can think of three losses in the magazine business.

Now, since the money has already been put up

23
on the magazine, I believe that I can prove in a court of
24
law I have in fact been injured in the magazine business.
25

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2 MR. KAHN: For the record, he has also

3 testified earlier that he is involved in the ear

4 business.

• 5

7
Q The businesses you are talking about are in

the proposed magazine business and marijuana business and

the sympathetic ear business? You lost business in the

8 ear

9 A I lost business in every area because social

10 ostracism took place by virtue of this article.

11
Q You say you will do -- You mean by that you

12 have

13 A I think I can prove -- we can prove in a court

14 of law, when we p.it people on the stand, they in fact did

15 not enter into business dealings with me or refused to go

16 ahead with business dealings, agreements we had prior to

this article appearing.

17

18
Q But in 1978 your total income was two or three

hundred dollars; is that correct?

19
A My statement is, here again, my statement is I
20

•
keep no records because I don't intend to pay the govern-
21
ment any taxes on what I earn in any area, so when people
22
ask me how much money I made last year; I generally tell
23
them less than what it costs, less than what the figure is
24
for paying taxes. That is how I figure my income as less
25

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 1 Eder

2 than taxes .

3 Q How much has your income declined since the

4 article was published~

5 A Half.

6 Q Half of what?

7 A The few hundred dollars that I made last yea r.

8 Q Therefore, you are saying your business losses,

9 in yo ur various businesses , come to half of a few hundred

10 dollars?

11
A I a m in a cross here . I am damned if I do and

12 damned if I don't. I ' m stating that because of the Internal

13 Revenue Service having access to what is in fact the publ ic

14 document, which I am dictating at this point , that I don't

wan t to state I made more money than that . My prima ry

15
objection to these lie s that were printed about me is
16
socia l. My attorney , however, tells me that I must show
17
financia l damage in order to make my case stronger . I
18
don ' t care if my case is stronge r or not stronger. Mr .
19
\veberma n malicious ly defame d me in print a nd my s tateme nt
20
is this has hurt me socially much more than i t has hurt
21
me on a business level, which is the purpose .
22
So whatever discussion that you ge t into with
23
regard to my fin a nces is pretty muc h a dead end because we
24
are not going to get anywhere. I am not going to admit to
25

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2 you having made more money than I would have to pay taxes

3 on.

4 I would like to make one point

• 5

7
MR. KAHN: On the record he has already

testified that he has lost business opportunities for

investment in various business ventures which have

8 resulted in lost income opportunity for him in the

9 future as well as present and past.

10 Q How many dollars, approximately, do you feel

11 you lost already as a result of the publication of this

12 article?

13 A I don't know, but I will state this, that I

14 have one person, one of the three people who I will or will

15 not give you the names, depending on whether or not they

16 are willing to give their names up, and one of these people,

17 since the article, refused, changed his mind with regard to

18
investing $100,000 in a magazine. That is a substantial

sum of money.
19
Q What is the name of the magazine you proposed?
20

• 21

22

23
A

A
OUTLAW.

Is that about criminal business?

Yes, .of course. · It is about those outside the

law.
24
Q Did you discuss these losses and your various
25

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 1 Eder / 70
/
J'
L .---
2 busines s los ses and lost oppo rtuniti es with your attorn ey

3 prior to today?

4 MR . KAHN : I am going to objec t to tha t

5 o n the grounds t hat is a confidential matter. That

6 is not subject to y our disclosure . I wi ll ob j ec t t o

7 any lin e of questioning that has to d o with what he

8 has discussed with his attorney , a s I am sure you

9 would.

10 Q I believe you t old us you are a part owner of

11 a company that owns a boat; is tha t correc t?

12 A 'That's correct .

T4 13 Q You are aware, I assume , your complain t state~

14 in paragraph 6 that you were the sole owner of a boat i ng

15 and yachting business?

A Does it s ay that?
16

Q Whic h is correct?
17

A That i s correct , I own more than one boa t.

18

Q How many boats ?

19
A The company I own, sole ly owns a boa t in Ne w
20
York. Okay ?
21
Q Ri ght .
22
A I own a s mal l piece of anoth er company tha t owns
23
another boat in the Caribbean. The company that owns the
24
boat in New York is called Picare sque .
25

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2 Q Is that the ear bu s iness ?

3 A But it also owns a boat .

4 Q Does the ear business use the boat?

- 5

7
A

A
No.

Where is the boat in the Caribbean?

I to ld yo u I won ' t te ll yo u that.

8 Q Do you own any pieces of any other boating

9 businesses?

10 A No.

11 Q How much money did P i caresque make in i ts boa t-

12 ing bus iness i n 1 977, 1978?

13 A Picaresque only came into business in 1978 and

14 it has not earned any money off its boating v e nture.

15 Q What about the other boating bus ine ss in the

Ca ribbean that yo u don ' t wan t to discu s s the l o ca tion of~

16
how much ha s that made ?
17
A The company ?
18
Q Ye s.
19
A I do n't know . Maybe the comp any made f ifty
20
thous and last year b ut I on l y own a s mall piece of that
21
company .
22
Q Yo u didn ' t d e rive a ny income from that ?
23
A Ye s , a f ew do l lars , bu t I don ' t know how much.
24
Q No t much ?
25

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2 A Not much . Again, we are back to the que s tio n

3 of what my f inances are , which could go to the Interna l

4 Reven ue Service and therefore , I d on ' t wan t t o do that

5 and I don ' t want t o lie, but - -

6 Q I understand your pos itio n , but whe n it says

7 in para g rap h 6 you were the o wne r a nd successfu l operator

8 of a boating a nd yachting b usi nes s , doe s that refe r to t he

9 busines s which made no money or the bus iness wh i c h made

10
some money? · Which bus ine ss do e s that refer to that wa s

11
success ful?

12
A If I am the sole owner, that is the business 1

13 that is the successful business . That would h ave to be

14 Pi caresq ue of New York .

Q That made no money from the boating business?

15
A -That's right .
16
Q Do y ou co ntend the a ll egation in paragraph 6
17
t hat yo u were the successful operato r of th i s busines s is
18
meant to re ad t hat in fac t it wa s a money-making business ?
19
A No . The word " success ful" does not mean money-
20
making .
21
Q What do e s it mea n?
22
A It means if is not unsucces sfu l . It is in
23
b usine s s and it is operating a nd it is a succes s . I ce r -
24
tainly do n't wa nt to deal wi th the t erms or the def ini tio n
25

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15 PARK ROW, N .Y. 1003 8 PHO NE S' 349-3108-9
 1 Ede r

2 of the term " succ e ss," b ut su c cess is onlv co nnoted by

3 most l awyer s as being monetary . A sucGessful perso n is

4 not n ecessarily a wea lthy person.

5 Q In paragraph 7 of your complaint i t say s you

6 had a goo d reputat io n for t r uthfuln ess , worthiness an d

7 good characte r. Which group of peop l e held that opinio n

8 of you?

9 A Outl a ws .

10 Q So you mean , whe n you say a mong your fri ends

11
and business associates , in paragraph 7 , you mean other

12 peop le involved in violating the marijuana law previous l y

13 held y ou in high e steem?

14 A That is corre ct .

Q Are yo u talking abo ut anybody e l s e ?

15
A I ' m talking about peo ple outside . of t hat, a s
16
we l l.
17
Q Who are t he peop l e that h e ld this opinion of
18
yo u?
19
]'\ Outside t h e mari juana bus i nes s1
20
Q Inside or outs ide , would you te ll us who i t is
21
tha t you be lieve fe lt you h ad a goo d reputatio n for truth-
22
fulness , worthiness a nd goo d character ?
23
A Almost everyone I knew .
24
Q Most of the people yo u kne w were in t he
25

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 1 Eder 74

2 marijuana business, I guess; is that true?

3 A No, not most of them. I would say --

4 Q l"lhat you are really complaining about in this

• 5

7
case is the loss of faith of the people in the marijuana

business who previously believed you were an honest out-

law and came to believe, through the article

8 A That is only part of it. The other part is

9 the people that come in contact with me on an every day

10 basis . I want i t clear that no matter what my complaint

11 says, my complaint was drawn by my attorney.

12 Q Do you agree with it? Is it true?

13 A Yes, i t is true but it is not the main thrust

of my argument. The main thrust of my argument is this

15 man maliciously called me a government informant and the

society in which we live, a government informant is a man

16
who puts another man in prison for himself and is looked
17
upon as a piranha, and that is the thrust of my argument
18
here. All the rest of it, you are just killing time here
19
by David Michaels going through the garbage. You are going
20

•
through sheer nugatory verbiage in an attempt to maybe
21
justify your fee, I don't know, but whatever the point is,
22
you are not touching on any of the real things. The real
23
thing is this man maliciously attempted to hurt me in print
24
and he did so with lies and that is what I am fighting. He
25

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tells me I have to show financial danages.

G
3 Q You are referring to your attorney?

4 A My attorney tells me I have to show financial

• 5

7
damages. I am saying that may be the case, but as things

stand, it is difficult for me to show financial damages,

but it is going to be very easy for me t.o show I was

8 damaged socially.

9 Q In fact, isn't it impossible for you to show

10 financial damage?

11 MR. KAHN: Objection.

12 A It's very easy for me to show financial damage

13 with the magazine venture. I have one person, if he is

14 willing to let me use his name, willing to step forth in

15 this case, one person who is willing to state that two days

r after this article appeared in The Village Voice, he called

16

17
me up and told me, "Hey, Chic, forget it."

18 Q So what you are telling us is in fact that you

19 may or may not be able to show financial damages, but your

20 real concern is

•
MR. KAHN: Objection. He already stated
21
he can show financial damages.
22
A The prime thrust is not financial damage. The
23
prime thrust of my case is I have been damaged on a social
24
level and maliciously, through liable, so we can save a lot
25

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2 of time. My case is, this is what I assume discovery is

3 all about, and taking a deposition for discovery is to

4 find out what I am stating. My case against Weberman, my

•• 5

6
case against Weberman is simply I stopped selling him

marijuana. I sold Weberman marijuana for resale and sold

7 it to him in quantities for resale and I stopped selling

8 him marijuana for resale in quantity and therefore, he

9 maliciously attacked me in a newspaper and deliberately

10 lied and maliciously attacked me in this publication and

11 I have been damaged by that on a social level as well as

12 a financial level.

13 Q Isn't i t true that most of the financial losses

14 you are claiming are losses to your marijuana business?

15
A I don't want to say most or least or anything.

16 I am saying I have been hurt in the marijuana business and

I have also been hurt in the magazine business and also

17
been hurt in the opal business and I am stating that is
18
what is going on here. I don't want to play any games.
19
To continue what I am trying to say, Mr.
20

• 21

22

23
Michaels, is I feel you are putting up a smoke screen.

this point, what we are dealing with is the fact that I have

been damaged. My contention is I have been damaged malici-

At

ously by A. J. Weberman, socially primarily and business

24
secondarily.
25

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2 Do you want to deal with it based on that

3 open and honest statement?

4 Q I will deal with the questions. You deal with

• 7
5

6
the answers and that is the format for today, if that is

all right with you.

A Right on.

8 Q I want to show you an exhibit attached to your

9 plaintiff's complaint in this action, that being a photo-

10 copy of The Village Voice concerning an article. My ques-

11 tion is whether this in fact is the article you are com-

12 plaining about?

13 A Yes, that is it.

14 Q Does it say within that article that you were

15 a DEA informant?

16 A I believe the words·are "high level EDA ... "

17 MR. KAHN: I object to any questions with-

18 out showing him a copy of the article, so we know what

19 you are talking about.

20 A That's the article. Now, it's right here.

Go ahead, what is your question?

21
Q It says within the article you were a DEA in-
22
formant?
23
A No, it doesn't. It says based on the testimony
24
of Chic Eder, a high level informant.
25

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2 Q Were you or were you not in the limite d work

3 with tha t agency , which you have described to us , a high

.. 4

6
le ve l info rmant ?

A Aga in , at such time as you q uestion a DEA age nt

with regard t o what t heir levels are , you might be ab le to

7 ascertai n wheth e r i t is a hi g h leve l or low level. Okay?

8 Q Did you not tel l us before that security of

9 their personnel and the ir information was a very impor t a nt

10 priority for that agency?

11 A Yes, I stated that the only two things they

12 were more concerned with than arrest and conviction .we re

13 those two factors . Aga in, a s to whether it is a high l eve l

14 DEA info r man t , I a m not arguing the po int. I did do busi-

15 ness with the Drug Enfo rcement Administratio n and I am n ot

16
arguing that po int at all .

Q You conc e d iWi~

;"'-in fact?
17
A Of cour s e I have . The point is , now, the poin t
18
you are belaboring is high l eve l . I have a n swered the ques -
19
tion that I c a nnot state what l evel I was . V 0 u will h ave
20
to ask the DEA . Okay?
21
Q Fine. Yvhere in that articl e do y ou find an
22
a ll egation that you receive d fin anc ial rewards for informing
23
o n Tom Forcade ? Would yo u poi n t out the place in tha t
24
artic le wh ere it is stated and i mp lie d ?
25

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 1 Eder 79

2 A It states it negatively. There is an inference.

3 By use of informant, there is inferred in that the fact of

4 payment by the government.

•· 5

7
Q In fact, monetary payment? In fact, when you

were a DEA informant, what you received by way of considera-

tion was your release from jail; is that not true?

8 A That is not true. What I received was a quash-

9 ing of a case against me.

Q ~ot financial reward?

10
A Not financial.
11

12
Q In fact, you know informants are also rewarded

13 in nonfinancial ways?

14
A No question about it. l\That we are stating,

again, is inferred in that is the payment from the govern-

15
ment.
16
Q Simply by use of the word "informant"?
17
A Yes. It is my contention that is inferred by ·
18
a greater number of people.
19
Q In fact, you never gave the government any
20

•
false information on Tom Forcade because you never gave
21
them any information on Tom Forcade; is that correct?
22
A That's correct.
23

I
Q Where in that article do you find any inference
24
that you gave any false information against Tom Forcade?
25

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2 A Excuse me. Le t me try this aga in .

3 Aga in, you are getting cute, and I a m not

4 talking abou t your face . It says h ere in 1977 a Fe dera l

5 grand jur y in Brooklyn b egan a n inves tigation c o n c erning

6 Tom Forcade . That part of it ; that is a quote and tha t

7 part of it has nothing to do with me , w~ether th e y started

8 a n invest igation or not is not none of my bus iness .

9 Q Do you know whether that is true ?

10 A No , I don ' t know whether tha t is true . The

11 n e xt part says, " Based on testimo ny of Chic Eder ..• ", I

12 am not sure of the l ega l definition of lega l testimony

13 but I know wha t p e ople believe testimony is and testimony

14 is that yo u s wear or y ou give info rma tion aga inst some-

I

15 body. You testify aga ins t someone and I am stating that

16 categorical ly, at no time have I ever testified fo r ·a

17
gr and jury in New York or for that matter , t o the best of

18
my knowl e dge , anywhere . Okay? So that is my c ontentio n.

19
You are trying to dea l with a hi gh level DEA informa nt and

20
I want to d e a l with t he cr ux of the case , which is based o n

- 21

22

23
the testimony of Chic Eder .

You' re s tating -- I'm saying in co urt - -

t o state in cour t that Weberman h as sa id that I have give n

I want

testimony in a Brookl y n Federal grand jury in 1977 and I

24
am stating that is the basis of my case , that I h a ve no t
25

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15 PARK ROW, N . Y. 10039 PH ONES ' 349-3 1 08-9
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Eder

given testimony against Forcade or anybody else or any

GJ
3 grand jury or any other place. So if you want to -- My

4 question to you is, have we dealt with high level DEA in-

• 5

7
formant?

Q My question to you, sir, is whether the allega-

tion of paragraph 10 (b) of your complaint is true? That

8 allegation says the article included, at least by the

9 understanding of a reader, that you laid a false charge.

10 So I am asking you where in the article do you find any

11 allegation of falsity?

12 MR. KAHN: Excuse me --

13 A I did not give any testimony, so we may have

l4 made an error in that with regard to false testimony. I

15 haven't given any testimony.

16 MR. KAHN: You are asking Mr. Eder to

17
address certain things

18
MR. MICHAELS: I am asking if his com-

plaint is true and --

19
MR. KAHN: I think his answer is yes.
20

•
Off the record .
21
(Discussion off the record.)
22
MR. MICHAELS: Back on the record.
23
Q Paragraph lO(b) of the complaint says that the
24
reasonable inference from the article you are complaining
25

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about was that yo u laid a f al s e info r ma tion againu

3 Forcade . Is that your position today or is it you r pos i-

4 tion t hat the in ference here that you are comp l ai ning of ,

5 that you gave any informa tion, true or fa l s e - -

6 A It should be both .

7 Q Where do you find any inference f r om the

8 ar ticle that you gave false information?

9 A I don't .

10 Q I'm sorry?

11 A But I think my attorney does.

12 Off the r e cord .

13 ( Discussion off the re cord.)

14 MR . KAHN : Back on the record .

15 A I don ' t know what is go ing on , whet h e r i t

16 should be fals·e info rmat ion , using the term as he is

17
using it and information as o pposed to a n in<lictment i n

18 a criminal proceedin g . I don ' t kn ow wh e th e r he is do ing

19 that .

MR. I<AHN : I am indicating 'i:he term us e d

20
in those two paragra p hs, lO(b ) and (c), are used as
e 21
a term of art to describe a l egal proceedi n g i nvo lv-
22
ing an invest i ga tion , an d h e is n o t qual i fied to
23
discuss it as a term of art .
24
MR. MICHAELS : Is the word " f a l se " a term
25

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 1 Eder 83

2 of art?

3 MR. KAHN: Yes, the word ''false,'' in

4 connection with the criminal information, is a term

• 5

7
of art.

MR. MICHAELS: What do you define that

to mean, for the purposes of subparagraph lO(b)?

8 MR. Y-AHN: I am suggesting that means

9 that the inferences from this article are that he

10 went to a grand jury and stimulated an information

11 of Forcade for some criminal activity for which the

12 grand jury was sitting; and the implication through-

13 out the article was that any charges he might have

14 leveled against Forcade would have been false and

15
therefore he placed a false information against

Forcade.
16
MR. MICHAELS: Where in the article do
17
you find the.basis for the inferences? What word
18

suggests falsity?
19
MR. KAHN: The entire paragraph in which
20

•
that statement appears .
21
Off the record.
22
(Discussion off the record.)
23
THE WITNESS: On the record. My con-
24
tention is that I have at no time testified against
25

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 1 Eder 84

2 Forcade in anything much less than a Brooklyn grand

3 jury. My attorney may or may not be mistaken in the

4 use of the term "false." It has nothing to do with

• 5

6
my complaint. My complaint is, I did not testify at

all and he has claimed that I have testified and that

7 is where the falseness lies, as far as I am concerned.

8 BY MR. MICHAELS:

9 Q Your complaint says in paragraph lO(d), your

10 complaint includes a statement that the article you complain

11 about has, as one of its reasonable inferences for the

12 average reader, that you were responsible for causing an

13 airplane crash in which one Jack Combs

14 A It doesn't say that in the article. There is

15 just a Jack, not Combs. At that time, my contention is,

16 Mr. Weberman did· not know the last name. He certainly

didn't know where Jack crashed.

17

18 Q When you say in your complaint that the article

19 that you are complaining about says that you caused the

20 plane crash, I am asking where in the article do you find

• 21

22

23
that?

A It is implied.

MR. KAHN: I will answer that for him

because the article itself is ripe with inferences.

24
Tom Forcade was the object of various forms of
25

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 1 Eder 85

2 government harassment and persecution and all aspects

3 of government that had anything to do with the law

4 enforcement and linking Mr. Eder's name to the EDA,

5 in the sense he was allegedly responsible for in-

6 stituting an investigation in testifying against

7 him, Mr. Forcade, at the grand jury and linking his

8 association to the DEA, to the insertion of the

9 article that Tom told Mr. Weberman that he believed

10 the DEA Special Operations Division may have sabotaged

11
Jack's aircraft, would suggest to an average reader,

12 reading the entire article fairly, that Mr. Eder was

13 somehow tied into this and responsible for this.

14 Q The Jack is Jack someone else?

A Ask him. I didn't write the article, he did.

15
Q Did you ever have any contact with DEA's Special
16
Operations Division?
17
A No, I have never had any contact, except with
18
one person in DEA.
19
Q Who is that?
20

• 21

22
A I don't remember his name but I certainly will

call the DEA and find out about it before the case closes.

Do you know?
23
Q You mean to say you gave --
24
A His name is Don. One primary person with whom
25

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 1 Eder 86

2 I dealt was Don.

3 Q There are other people you dealt with?

4 A There are other people in the room, I suppose,

5 at various times the discussions went down, but I was only

6 doing business with one guy.

7 Q Doing business was the arrangement with regard

8 to their telephone security and computer security?

9 A No. Computer security. 'rhe other had nothing

10 to do with that agency.

11 Q Had to do with another agency?

12 A The Federal Bureau of Investigation.

13 Q Whom did you deal with there?

14 A Tom, on the West Coast.

15 Q Do you know his name?

16 A Yes. Tom.

17
Q Do you know his last name?

18
A No, but I have it written down somewhere.

19
Q Would-you be willing to disclose that to us?

20
A Undoubtedly, since I am probably going to ask

• 21

22
the man to testify .

Q Where do you find, in the article you are com-

plaining about, any allegation that you caused Mr. Forcade's

23
death?
24
A Let me put it this 1·ray: I don't need a la1·.'Yer
25 .

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 1 Eder 87

2 for that. Going on beyond this, I will start at the be-

3 ginning of the paragraph and this is one paragraph.

4 "In 1977, a Federal grand jury in Brooklyn began

• 5

7
an investigation concerning Tom Forcade, based on the tes-

timony of Chic Eder, a high level DEA, who has been charac-

terized as Mr. Marijuana in several magazine articles." The

3 very next sentence, "The pressure began to build and Tom

9 started going into periods of extreme depression. He would

10 assume a fetal position, cover himself with a sheet, and

remain like that for days."

11

12
It goes on to state he at one point,'' he took

13 an overdose of Qualudes and stumbled over to Gabriel Schang'

14 apartment where he collapsed. Gabriel and her friend,.

Jim Turgus, who worked in Tom's book store across from

15
Gabriel's apartment, took him to Bellevue where his
16
stomach was pumped. "
17
This is stated in one paragraph. That my
18
testimony -- I am reading from this paragraph that my
19
testimony was in fact directly responsible for Tom's
20

••
death .
21
Q That is the paragraph that you find leads the
22
reader to believe you were directly responsible for his
23
death?.
24
A That is correct.
25

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 1 Ed er

2 Q Paragraph 17, you state that you were injured

3 t o the sum of $1 million .

4 How do you compute t hat?

5 A Because I assume the o n e hundre d t ho usand that

6 fellow wa s will in g to p ut into my magazine wo uld ha v e made

7 at l eas t $ 1 million by the end of the year.

8 Q That is the basis for tha t ca l cu l atio n?

9 A Tha t's ri ght.

10 Q What makes you think that Mr . Ryan,· Mis s

11 Partridge, Mr. Mu rdoch and The Village Vo i ce , Inc. were

12 so lely motivate d by animosi ty and hatre d fo r yo u? Para-

13 graph 21.

14 A We ll, I a m not sayi n g that. I do n't know what

15 my lawyer wrote h ere. My statemen t is - -

16 MR . KAHN : Off the reco rd.

17
(Discuss ion off the r e cord .)

18
.MR . I<AHN : Back on the record.

19 A My statement is that A. J . Weberman was

20
mo ti vated by an imosity a nd hatred fo r the p l aint i ff a nd

I f ee l the o t h e r defendant s in the c ase had , the other

21
defendants in the c as e did not c h eck the veracity of A. J.
22
Weberman's story and they have, based o n A. J. Weberrna n's
23
repu tation in the world of journalis m or in t h e l iterary
24
wor ld and o n certa in other thi ng s tha t ar e widely known
25

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 ~'
l Eder

2 in the publishing industry, with regard to his

3 and with regard to his journalistic credibility, they

4 should have checked A. J. Weberman extremely close before

• 5

7
printing anything that A. J. Weberman might have submitted.

Q Would you now withdraw the allegation of para-

graph 21 that the other defendants, The Village Voice, Inc.,

8 Ryan and Partridge and Murdoch were solely motivated by

9 animosity and hatred for you and their sole purpose for

10 publishing was to injure you and cause distress?

11 MR. KAHN: The response to the question

12 is no.

13 Off the record.

14 (Discussion off the record.)

15 MR. MICHAELS: Back on the record.

16
Q Whether in fact the allegation of paragraph 21

of the· complaint is tended to relate only to the defendant

17

18 Weberman or whether you wou].d amend it to delete the

allegation of malicious animosity and hatred presented by

19
the other defendants, that is the question.
20

•
A Yes, I would like to amend my statement.
21
Q You mean the complaint?
22
A Amend this complaint so paragraph 21 only deals
23
with the defendant Weberman in this case. I'm sorry, there
24
is an error in this case and the error is mine for not
25

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 1
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2
having properly communicated this to my a tt orne y.
3
think Weberman acted in this manner.
4
I feel in paragraph 22 --
5
MR. KAHN: Off the record.
6
(Discuss ion off the record.)
7
MR KAHN: On the record.
8
THE WITNESS: Th ere seems to
9 be a lack of communicati on on my part with my

10 att orney.

11 On paragraph 21, I do not honestly

12 believe that the defendants were solely motivated

13 by malicious animosity and hatred.

14 I believe A. J. We b e rman is t he s ingle

15 defendant who was motivated by malicious animosity

16 a nd hatred. The rest of paragraph 21 should only

17 read A . . J. Weberrnan. I don't h onest ly be li eve there

18 wa s a ny conspiracy afoot,

19 I don't think Weberrnan went to thes e

20 people at The Vill age Voice and said, 11

Let 's ge t

21 Chic Eder." And I think he went to The Village

22 Voice an d sold them on this article an d happened

23 to get them to go along with his program to

maliciously ge t me in print.
24

25

BLITZ REPORTING CO.

1S PARK ROW. N.Y. 1 0038 PHONES' 349 - 3 1 0 8 - 9
 1 Eder 91
2 My argument is at this point that I would

3 like to make a statement for .the record, on paragraph

4 21: It is only A. J. Weberman whose motivation was

• 5

7
this.

On paragraph 22, I am going to ask my

attorney, on paragraphs 22 and 23, to delete the

8 conspiracy simply because I don't believe a con-

9 spiracy did in fact exist.

10 My attorney is concerned with the fact

11 that I say this on the record and that some judge

12 might look at that and say that if he is so willing

13 to amend, 1·1ha t is going on here. What is going on

14 here is the mistake is mine. I allowed this to go

15 into the court in this manner, without having read

16 it. I don't believe 22 and 23 are valid. My attorney

did at that time. Since we went in the other room

17

and discussed it, I don't. He still feels there may

18
have been something in that area, but I feel if I
19
leave this complaint as it stands, Mr. Michaels,
20

•
being a lawyer, will make a big issue out of this
21
rather than what the real issue is. lve gave him an
22
issue that allows it to be clouded. I don't want to
23

I
deal with that. I want to change paragraph 21 to
24
read solely A. J. Weberman and 22 and 23 I want to
25

BLITZ REPORTING CO.

15 PARK RO\V, N.Y. 10038 PHONES: 349-3108-9
 1 Eder 92

2 delete. That is all I am saying.

\
3 Q It may be somewhat irregular, so let me commend

4 you for answering candidly .and for allowing us to clarify

• 5

6
this.

When I previously inquired to your attorney

7 what the complaint was about, he told me he was unwilling

8 to answer the question and that we would have to wait until

9 today to find out.

10 I commend you that when it was brought to your

11 attention, that you correct it so we can concentrate on

12 the real issue.

13 A I don't want to cloud the real case with a

l
l4 false case.

15 Q On paragraph 24 it states you sustained actual

16 damages of a million dollars ask for a quarter of a million

in punitive damages because of the conspiracy between A. J.

17

18
h'eberman and The Village Voice and.the other defendants.

19
Would it be your statement that in fact para-

20
graph 24 therefore would have to be amended also?

• 21

22

23
spiracy.
A

Q
Paragraph 24 has nothing to do with the con-

Is that the same $1 million you were telling

us about before that you hoped and expected would be pro-

24
duced from the $100,000 through the publishing?
25

BLITZ REPORTING CO.

1 S PARK ROVI, N.Y. 10038 PHONES: 349-3108·9
 1
93
2 A No, this is injury a nd damage .

3 Q How did you comp ute the $ 1 mi llion in paragraph

4 24 ?

5 A One mil l io n is based on the million I wo uld

6 have made with t h e ma gaz ine, and the o th e r one is d amages.

7 That is wha t we are t alking about in pa rag raph 24 .

8 Q Excuse me , I am not clea r abo ut wh a t your

9 answer is .

10 The mi llion dollars that are asked .for ~n

11 paragraph 17 you have told us was money yo u would have

12 ho pe d to make f rom a magazi ne venture wh ich was effecti ve ly

13 killed by the p ublication of this article?

14 A That's correct .

15 Q The million doll ar s on paragraph 24 , wha t

16 million dolla rs is i t that you a ctually lo s t thers; is i t

the same?
17
A Th ere are two mill io ns o n paragraph 24.
18
Q I a m ta lking abou t th e actual damage all ega tion ,
19
not t he pun itive alle0ation .
20

A The first actual l y wa s the millio n dollars I

21
assume d I wou ld h ave made with the magazine and no t lost
22
the $100 , 000 investor .
23
Q That is for paragraph 17 or 24 or are they t he
24
s ame ? I am trying to clarify if i t is the same million
25

BLI TZ REPORTING CO.

15 P ARK ROW . N.Y. 1003 6 PHON E: S ' 349-3106-9
 1 Eder 94

2 dollars or a different d amage you sustained?

3 A The same one. l

4 MR. KAHN : Off the record .

5 (Di scuss ion off the record . )

6 MR. MICHAELS : Ba~k on the record.

7 Q In line with what you have told us to clarify

8 the accuracy of the complaint, wo uld I be correct in be-

9 lieving you wou ld also wish to make certain changes within

10 paragraph 6 which charges that each of the defendants did

11 unlawfully plan, plot and conspire between themse lves to

12 publish false, liable and defamatory stateme nts? Is i t

13 each of the defendants that unlawfully conspire d to do

14 that or only Mr . Weberman?

15 A Paragraph 6?

16 Q Twenty-six , I am sorry.

A Twenty-six . I think 26 has to remain .

17

18 MR . KAHN: Off the record .

19 (Discussion off the record . )

MR . KAHN : On the record .

20
Th e answe r to the question is no .
21

22

23
A We do not wish to change it for this re a son .

Tell him t he reason.

'
MR . KAHN: Because our present bel ief
24

25
is tha t the defendan ts did plan to pub li s h and di d

BLITZ REPORT I NG CO.

I
\5 PARK ROW. N . Y. \ 0 038 PHONES' 3 49 - 3 \0B-9
 1 Eder 95

2 in fact publish, in The Village Voice, the false,

3 malicious statement.

4 Q Referring again to paragraph 26; is it your

• 5

7
belief that each of the other defendants conspired bet1veen

themselves to intentionally publish false information?

A If you are asking me whether I believe they

s sat down with A. J. Weberman and said, "Let's go get this

9 guy," if I believed that, I thought

10 Q ·You do believe the word "conspiracy" in para-

graph 26?
11

12
A However, if my attorney said, if they sat down

13 with Weberman and talked with Weberman in regard to this

14 and checked it and did not check it that is a lawyer's

15
argument and I will let the lawyers argue. My point is --

I want it clear. This is my deposition here -- I feel the

16
other defendants I feel A. J. Weberman has maliciously
17
attempted to attack me in this situation and these people
18
either actively
19
Q You mean the other defendants?
20

•
A The other defendants in the case either

l
21
actively or passively conspired to go along with his pro-
22
gram, to allow --
23
Q Are you claiming they knew the information was
24
false or.they fail~d·to check wh~n they should have?
25

BLITZ REPORTING CO.

15 PARK ROW, N.Y. 10038 · PHONES: 349-3106-9
 1 Eder r;; 6·)
~./
2 A What I am saying here -- Off the re cord.

3 (Discussion off the record . )

4 MR. MICHAELS: Back on the r ecord.

5 Q Ar e you claiming that The Village Voice con-

6 spired to

7 MR. KAHN: The claim is - -

8 MR. MICHAELS: Unl e ss you are going on

9 under oath , I ha v e to ask the witness .

10 A I can ' t say under oath I know they cons pire d

11 in the s e nse of the word. I know they conspire d t o be --

12 What I am s a ying is, my fe e ling inhere nt in this para graph

13 26 is the fact that they did publish this information and

14 if they didn't know that i t was fal s e, they sh o uld have

15 known it was false so they s hould at l east , s h ould have

16
checked it prior to having it published.

Q Thank you.
17

A Nex t?
18

Q i·mere do you find in the article publishe d by

19
The Vill age Voice that t his whole c as e conc e rns -- ~vh e re
20
do y ou firid t he s tat e me nt or implica tion t h at you committed
.e 21
perjury b e for e a g ra nd jury, a s all eged in Ar ticle 28?
22
A I don't find that .
23
Q Whe re do you find the all egation that y ou con -
24
s pired to murder Forcade's fri e nd J a ck?
25

B LI TZ REPORTING CO.
15 PARK ROW . N.Y. 10036 PH O NES: 34 9-310 6- 9
 1 Eiler 97

2 A I think t hat is inherent in the re. We have

I
3 answered that question.

4 Q Wh ere do you find the a ll egation tha t you con-

6
spired to commit a burglary at Forcade ' s a partment?

A S a me thing .
I
7 Q Where do you find in this artic l e a ny accusa-

8 tion that you committed any crime?

9 Paragraph 29 of t he comp laint refers to a n

10 al l egation within the article of your criminal conduct a nd

11 I am ask ing you what words in the artic le seem to you to

12 be indicative of an accusation that you committed a c r ime ?

13 A That is inherent in there, when he is talking

14 abou t me a s being Mr . -- First of all, I see it. I can

15 agr ee with that . As soon as he talks about me be i ng Mr .

16 Mar ij u a na , the magazine article , with regard to that , dealt

17 with that criminal conduct.

18 Q In other words , the crimina l conduct p h ra se

19 within paragraph 29 refers to marijuana v e ntures and not

20 t o a ny alle g ation in the story that you committe d a perjury

before a grand jury, c a used the cra s h of an airplane,

21
murder or burglary or anything else ?
22
MR. KAHN : Off the r e cord .
23
(Discus sion off the record .)
24
A On the record. It states in this a rticle that -
25

BLITZ REPORT ING C O.

15 P A RK ROW . N.Y. 1 0038 PHONES: 349-3106-9
 1 Eder 98

2 The article puts me and the DEA as synonymous . The

3 art icle further states that Weberman believed the DEA

4 burgled Forcade's apartmen t and the DEA caus e d the d e ath

5 of J ack. So if I am , in fact, if I am seen as being part

6 of the DEA, then the inference is I also wa s part of tha t.

7 Q Where it says in paragraph 29 tha t the accusa-

8 tions of criminal conduct that you infer from t he art icle

9 were published by the defe ndants -- I believe the word

10 should · rea d "malice," in that they we re publi shed with

11 knowledg~ of their falsity or serious doubts as to their

12 truth . Do you intend to allege that The Village Voice,

13 Ryan, Murdoch and Partridge h ave actua l malice a nd knew

14 the statements were false or had serious doubts as to

15 their truth?

16
A Yes , I mean that p a rt. Yes , that is definite .

17 Q As a result of this article you claim in para-

18 graph 30 that you were held up a nd expos ed to p ublic con-

temp t.
19

20 Are you speaki ng about the a r tic le itself or

about some other expos ure to public contempt and scorn and
21
ridicule that resu lte d from the article?
22
A That is what I a m talking ahout .
23
Q Do you me an by this art icle or by something
24
else that resulted from the article?
25

B LITZ REPORTING CO.

1.5 PARK ROW. N.Y. 10038 PHONES: 349-3 108- 9
 1 Eder 99

2 A I don ' t know what yo u are t alking abo ut.

3 Q I will rephrase the que st ion.

4 Were you saying in paragraph 30 that you wer e

5 held up a n d e x posed t o public contempt , scorn and r i d icul e ?

6 Do yo u mean by the pub licat i o n of this article or do you

7 mea n t he publication of this article caused some other

8 humili ating even t to occur and caused p e ople to scorn and

9 condemn you ?

10 A The l atte r. The publ ication of the arti cle

11
ca u sed it.

12 Q From whom did c on t empt and scorn and ridicule

13 come ?

14 A My contemporaries ; my peers .

15 Q Was the re any particula r perso n that expresse d

scorn, contempt and r i dicu l e , b e s ides the ones you h ave

16
already told us abo ut ?
17
A Numero us people . Enou g h s o this is a val id
18
paragraph. Mayb e ten, f i ft e e n, twenty p e ople .
19
Q Could yo u gi v e us the n a mes that e x pre s se d that ?
20
A Here in New York City?
21
Q Anywh e re .
22
A Yes . I can give you name s ri ght away , without
23
any troub l e. Char l es B. Klein, Mr . John Farrell , Caro l
24
Tacher , an d given time , I wi ll come up wi th a list of the s e
25

B LIT Z REPORTING CO.

15 PARK ROW. N .Y. 1 0038 PH O NES: 349·3 1 08- 9
 1

2 peop le.
Ec'le r

At t he time of our trial , we wil l suhpo~na a nd

GJ
3 put t h es e people on the stand a nd you will be a ble to

4 cross exami ne them , Mr. Michaels .

5 Q In the same paragraph you c laim you suffered

6 grave and i rreput ab le injury a nd s uff ered grea t emotio nal

7 distres s and anguish.

8 Can yo u t e ll us to what exte nt you have s u ffered

9 A Wel l, y e s . I don't have any sca le fo r psychic

10 · d a ma g e.

11 Q Have y ou found it necessary t o see med i ca l

12 or psychiatric t reatme nt?

13 A No.

Q You are s~eaking the n about the injury to your

14
fee lin g s?
15
A My emotions . Emotional dist.re s s ano anguis h.
16
That paragraph stand s.
17
Q 'l'he grave a nd irrep utable injury to your pro-
18
fess ion a l houor that you speak of in that paragraph, is
19
t hat i n your profession as a n outlaw?
20
A In my profession a s a n outlaw and wou ld-be
21
maga zine publ ication, as we ll as any other ventures I mi gh t
22
be in.
23
Q Paragraph 31 , again , asks for $1 mi llion in
24
actual damage s a n d a f u rth er million in punitive damages .
25

BLITZ REPORT ING CO.

15 PARK ROW, N.Y. 10038 PHONES : 349 - 3 1 08-9
 1 Eder 101

2 Is that the same million dollars that you l ost or is th is

3 a n allegation that y ou lost a n addit ional million?

4 A One million is fine with me .

5 Q It is the same million dollars?

6 A Yes.

7 Q Fine . Para grap h 36 aga in claims $1 mi llio n

8 in actual damages a nd $1 million in puni tive damages .

9 Is it the same million that we have a lready

10
heard about ?

11
A Are we padding this bill? Because if we a re,

12 thi s bill is a million. Do we have to ? It is the s ame

13 mi llion .

14 Q At paragraph 38 where you state that th e de-

fendants acted in a vicious, ma li cious and intentional

15
manner wi t h the sole p urpose of injur ing y ou, did you mean
16
that to app ly to all defe nd ant s or o nly defendant Weberman ?
17
A I thi nk f or th e time being we will let it app ly
18
to all defenda nts until such time -- we will al l ow tha t
19
because I think tha t might have been vicious, maliciou s
20
and intenti ona l , since my beli e f i s they didn ' t have t o
21
al l ow t ha t to be printed and by a llowing that to be prin ted,
22
they acted in a vicious and malicious and in tent iona l
23
manne r .
24
Q In paragraph 39, where you request punitive
25

BLITZ REPORT I NG CO.

15 P AR K ROW, N .Y. 1 003 8 PHONES' 349-3108-9
 1 Eder 102

2 damages in the amount of $3 mil lion , is that duplication

3 of the previous claims for mo ney or is that a sepa rate

4 claim?

5 MR . KAIIN : That is a separate claim .

6 A That is a sepa rate claim, my lawyer says.

7 Q How was that figure computed ?

8 MR. KAHN : Do you want it on t h e record ?

9 MR . MICHAELS: Yes .

10 MR. KAHN: The fi g ure for puniti ve

damages does n't have to be computed .

11

12 Q Mr . Eder, have you given various interviews

13 to reporters concerni ng your history as a n outlaw?

14
A Yes.

Q Have you done that with the knowledge that it

15
would resu lt in publication of that . history?
16
A Yes .
17
Q In fact , haven ' t you sought the title and
18
identified yourself as Mr . Marijuana ?
19
A No , I h ave not identified myself as Mr .
20
Marijuana .
21
Q Have yo u ever been called that in print that
22
you know of?
23
A Yes, I have been ca lled ~lat in print.
24
Q Were you called that in print by reporters that
25

BLITZ REPORTING co_

15 PARK R OW. N.Y . 10038 PHONES: 349-3108-9
 1 Eder 103

2 yo u h a d give n informat i o n to vo luntar ily ?

3 A No. I don't b e li eve s o, unless Goldma n may

4 ha v e ca lled me that at some time, but I don't think s o.

5 Q Yo u have appear e d o n t he front page of New

6 York Magaz ine?

7 A I wa s a cove r boy.

8 Q Isn't it true your reputation a s a n outlaw

9 produced publicity you felt was ben e ficial to you ?

10 A Mos t definitely .

11 Q Isn't i t true you have admitted many times ,

12 fo r publ ication, your invol vement as a n ou t law in marijuana

13 smuggling v e ntu re s?

14 A No, that is not t r ue.

15 Q You hav e spoken out abo ut your f eeling s abo ut

16 the marij uana l aws for publication purposes ?

17
A Most definitely.

18 Q Yo u h ave done s o with t h e i dea of h e lping to

19 influence the public to take a more ra tional view with re-

20
gard to the l aw ; i s n't t h a t correct?

A I will agree with that -.

21
Q Did you eve r sell phone fraud d e vic e s?
22
A Yes.
23
Q How many times ?
24
A How many times did I sel l them?
25

BLITZ REPORTING co_

15 PARK R OW . N.Y . 10038 PH O N E S : 349 -3 108 - 9
 1 Eder 104
2 Q Yes .

3 A Twen ty, fifty . Fifty is a good figure , a p-

4 proximately.
J
5 Q Did y ou eve r wa rn smugg l ers abo ut Coast Guard

6 inves ti ga tions in orde r t o help them evade capture ?

7 A That's correct.

8 Q How many t i mes ?

9 A Every time I ever g ot the info rmation.

10 Q How many times might that be , approximate ly?

11
A At l eas t t e n.

12 Q Is it true you were n ame d a nd i ndic ted as co-

13 cons pirator in a recent a rres t of approximately t e n perso ns

14 in New J ersey on drug charges?

15 A That is not true , to my know l e d g e .

16 Q Have you eve r bee n n amed and ind icted as c o-

conspirator i n any indictment yo u know of?

17

18
A No . May I as k the l ocatio n in Ne w Jersey ?

19 Q Le t's l eave the poin t for a mome nt.

In fact , in the various times you have spoke n

20
to reporters or spoke n with the know l e d ge that your word s
21
migh t be publishe d, h aven ' t y ou sou g ht to ma ke yourse lf
22
a public fi g u re on the mar ijuana i ssue?
23
A No , it just happened that way .
24
Q Haven't you sou g ht to make yourse lf k n own a s
25

BLITZ REPORTING CO.

15 PARK ROW . N .Y . 1 003 6 PHONES : 3"9-3106- 9
 1 Ede r 105

2 a n impo r ta nt person in t h e ma r iju a na outl~w hu s in csses ?

3 A No . In f a ct, I do just the oppo s ite. In

4 bo t h a r ticl e s that were writte n in NEW YORK MAGAZINE , the

·e 5 exa ct oppo s i te of t hat.

6 Q Can you explain what you me an?

7 A Don't have t o . Yo u as ked me a ~ u es tion a nd

8 I an s we red y our que s tion . I intended to do t he o p po s ite .

9 The big ma n is like o ne of the big money g uys. The f irst

10 article a bout New York, we jus t d e alt with the New York

dope scene on a s mRll l e vel. On the s e con d l eve l, we

11

12 d e alt with s mu gg ling from Col o mbia . It wa s r e ally a n

13 a rticle a bout how ine pt we were in that. I b e li e v e j u st

14 the o pposi t e would be the cas e .

Q Would you object if any attorney , who f o rmally

15
repr ese nte d y ou , had informed that you in fact h a d b e e n a
16
DEA informa nt? Would y ou object to that b e ing reve al ed ?
17
A Ye s , I would .
18
Q Would y ou a llow de f e ndant Web erman to o bta in
19
a n y g ove r nme nt r eco rds t hat may ~x ist whi c h ma y conce rn
20
a ny a ctivitie s you might h ave had a s a DEA info r mant?
21
A I will not allow him t he time of d ay. Ge t it
22
in t he r e cord. An y thing I c a n do towa rd h e l p ing A . J.
23
Web e r man, I will c onsciously avoid doing tha t.
24
Anything e lse?
25

BLITZ REPORTING CO.

I 5 P AR K R O W . N.Y. I 0 0 38 PH O N E S' 3 4 9 - 310 8 - 9
 1 Eder 106

2 Q Who represents you in the marijuana conviction

3 which is now on appeal?

4 A Joel -- I'm sorry, I don't remember the guy's

5 last name. I am very bad on last names. It took me three

6 months -- Joel begins with an H.

7 Q Is he associated in any way that you know of

8 with your present attorney?

9 MR. KAHN: Are you referring to me?

MR. MICHAELS: Yes.

10
MR. KAHN: The answer is no.
11
A I told you I can get you that. Is that an im-
12

13
portant question? Because if it is, I will make a quick

phone call and give you the name.

14
Q At the start of our examinations today, before
15
we commenced the formal examination, you told me about a
16
young lady who said that she --
17
A That is irrelevant. I am going to answer that
18
question.
19
Q I was not about to mention the name.
20

•
A You are not going to mention that fact. I am
21
not going to deal 1·1ith that fact.
22
Q You told me about a person who had been quoted
23
as saying they were rich -- had become rich because of their
24
contact with you. In fact, isn't that true, that there are
25

BLITZ REPORTING CO.

15 PARK ROW. N.Y. 10038 PHONES: 349.3108·9
 1 Eder 107

2 many peop l e who have prospered because of their cont<tcts

3 with you ?

4 A Th ere most defi ni te ly are because t hat is why

,·e s I don ' t have to worry abou t mak i ng r~ore than $100 , bec<tuse

6 there are many people who have their money today because

7 they knew me . And I introduced them to certain p e op le

8 where they probab ly made money in the marijuana business .

9 If tha t is the question , the answer is ye s .

10 Q I am getting towards the close of the ques tions

11
I have for you.

12 Mr . Eder , yo u have told us about a great many

13 crimes you have committed, a t least as the law presently

14 defines the kind of behavior we have been discussing .

15 Are y o u aware that your ndmiss ions with regard

to those crimes might possibly be the s ubj ect of prosecu-

16
tions of you ?
17
A Tha t is right , but i t certainl y is no t secre t
18
a s to the business tha t I have been in over a period of
19
t ime. I have bee n arrested on n umerous occasions on
20
P~~
marijuana convictions . I have told the J;l.;ltrol Board in the
21
State of California that I intend to continue in the
22
marijuana game foreve r or at l eas t as long as it l asts ,
23
and I have no intention of stopping marijuana and I h ave
24
no bones , whatsoever -- NEW YORK MAGAZINE had a fu ll page
25

B LI TZ REPORT I NG CO.
15 PARK ROW, N.Y. I 0 03 8 PHONES: 349 - 3108 -9
 1 Eder 108

2 illustration tha t showed the p i cture of my h ead with a

3 joi nt and it state d at the bottom , "Chic's the name a nd

4 smokes the game. "

5 Q Did yo u eve r say that?

6 A I say it al l the t i me .

7 Q Do you have cards printed tha t say that?

8 A No , I never had cards printed that said that ,

9 but Albert Go l dman had cards p rinted that said that.

T6 Q Did you distribute those cards ?

10
A Sure .
11
Q I n fac t, you have l e t a lot of peop le know
12

13 about these acti vities which the present law says is

criminal?
14
A There is no secret whatsoever . It happens
15
tha t I was two or three years ahead of everybody e l se.
16
Since the TIMES article two or three week s
17
ag.o, with The Colomb i an being the h ead artic l e , a lot of
18
peop l e have jumped into wha t I have. We don ' t care wha t
19
the governmen t thinks of i t . We don't t hink there is any
20
stigma attached to the business we are invo l ved in , an d
21
therefore we don ' t care wh ether the government sees it a s
22
criminal or not . I believe you wi ll f ind yo ur client ,
23
A . J. Weberman , fee l s exactly the same way.
24
Q There are many people who fee l that mari juana
25

B LITZ REPORTING C O.
15 PARK ROW. N.Y. 1 003 8 PHONESo 349-3108-9
 1 I:der 109

2 l aws shoul d be cha n qed and I woul~ n ' t a ebate you Rt th is

3 time or probably under other c i rcumstances either , but

4 under t he categories of the present law , wh n.t yo u are

e 5 seeking to protect here is your repu tation as a c apab le

6 a nd h onest crimina l, is i t not?

7 A I objec t to the word " criminal. " I don ' t know

8 what t he present l a w calls fo r .

9 What I a m stating is , I prefer the word " outlaw "

be use d , a s opposed t o cri mina l. Other t h a n that , my

10
answer --
11
Q But the g i st of the l awsuit , p rime thrust i s
12
by saying you testified , that you instiga ted a prosec ut i o n
13
a nd gave info rmat i o n agains t Tom Forcade , tha t the d amage
14
that has been do n e to y ou is the difficulty and the l o ss es
15
y o u have sustained as an o utl a w , a s a seller of ma rijuana
16
A Tha t ' s correc t .
17
MR . MICHAE LS : Off the r ecord.
18
(Di sc u ss ion off the record .)
19
!1R . MICHAELS: On the recor d .
20
Q Mr . Eder , you told us yo u a re s eeking a pub l i c
21
forum in wh ich to s how t he allegations in the article abo ut
22
you are i n fa l se ; is tha t t r ue ?
23
A That ' s co rrec t .
24
Q You are aware the gover nme nt usua l l y s hields
25

B LI TZ REPORT ING C O .
15 PA RK ROW . N.Y. l 003 8 PH O NES: 349-3108-9
 1 Eder 110

2 the identity of its informants and the government has a

3 policy of protecting the identity of their informants,

4 are you not?

5 A Yes.

6 Q In seeking a public forum to discuss this

7 truth or falsity of the allegations about you in the

8 article, are you willing to waive any privilege that you

9 might conceivably have as to the protection to any iden-

10 tification you may ever have·had as an informant?

A When that comes to court, when that gets into

11

12 court and I put witnesses on the stand, if those witnesses

13 are members of a governmental agency, investigative agency

14 such as DEA and the FBI, and those people are placed on

15 the stand as defense witnesses, then they are open for

16
cross examination and in doing that, I am putting my neck

on the chopping block. It is that simple; so?

17

18
Q Should a guestion come up --
A For the record, I wave nothing but the
19
American flag and I only do that on the 4th of July.
20

• 21

22

23
Q Are you therefore claiming the protection of

whatever government policies may exist to shield informants,

through the course of this lawsuit?

A That is a loaded question. I am not going to

24
answer that question.
25

BLITZ REPORTING CO.

15 PARK ROW, N.Y, 10036 PHONES: 349-3108-9
 1 Eel e r 1 11

2 Q Do you c l aim the she l ter given hy law?

3 A Tha t i s a l o a d e d questi on . You ca n r ephras e

4 i t e i ghteen t i mes. It is a l oaded que stion a nd I am no t

5 go ing t o dea l with i t.

6 Q Are . yo u c l aim i ng any pr i vi l ege o f the

7 A That is a l oaded question a n d yo u can reph rase

8 i t anoth e r seventeen t i me s , b ut more th a n tha t, yo u do n ' t

9 ge t . You get seve nteen mo re reph rase s and you wi l l get the

same a nswe r . It i s a loaded q u es tio n .

10

MR. MICHAELS : Of f t h e record .

11

12.
( Discussion of f the record .)

13 A On the record .

14
Q Mr . Ede r, i f in fac t there i s some g ove rnment

re c ord somewhere tha t what Mr . Weberma n sa i d in the artic l e

15
i s in fact true , are yo u i ntendi ng t o , throug h th i s l aws uit,
16
c l a i mi n g it i s no t t r u e an d us i ng that pro t ection of s hi e ld -
17
i n g the name s o f rea l info rmants ?
18
A That l eaves yo u sixteen way s of rephrasing t h a t
19
question.
20
Aga in, Mr . Mi c h ae l s , th at is a loaded que stion
21
and as such , I am not go i n g to dea l with that questi o n a t
22
this po i n t . So agai n , yo u h ave s i xtee n more rephrases .
23
Fo r t he record , it is now a q u ar ter t o six . We
24
have been h ere since two o' c l ock .
25

B LITZ R E P ORT I NG C O .
15 PARK R O W, N .Y. 1 003 8 PH O NES' 349 - 3 1 08 -9
 1 Eder 112

2 Q Do you h ave any concern there mi ght be any

3 governmental files anywhere that might say you are their

4 governmenta l informant?

• 5

7
A Obviously, since an informant is the one tha t

gives up in format ion, regardless of the connotation of the

society, since I have given information on two separate

8 occasions to two g overnmen ta l bodies, one to each, there

9 is no question whatsoeve r that somewhere a long the line,

10 we put a guy on the stand and there is a n informant and

11 he informed on this and this and at that time you will h ave

12 a n opportunity to cross examine . If you are ask ing me to

13 wa ive any rights , to give this degenerate

14 Q Pointing to Mr. Weberman .

15 A If you are asking me to waive rights and give

16
him the right to get my reports on the

Q No , I am not . I think you misunderstand the

17
question . I am asking you whether in fact you intend t o
18
take advantage of the government policy to refuse to
19
identify the rea l names of informants?
20
A You got fifteen, I think, left. That is another
21
rephrasing of the ques tion .
22
Q ·when you take the stand , do you intend to tell
23
the court that yo u seek the protection of the secrecy of
24
the names of informants while you s u e somebody on you r
25

BLITZ REPORTING CO.

15 PARK ROW, N . Y. 10038 PHONES: 3d9·3 10B·9
 1 Eder 113

2 claim t hat it is not true?

3 A Again , we are dealing with the same thing . This

4 man has stated in print that I testified .before a grand

- 5

7
jury in Brooklyn. I am not ove rly concerned whether it is

a hi gh-level DEA informant. You made the i ssue on this .

I already stated to yo u I informed the DEA , I gave them a

8 piece of info rmation. I traded them for it and you are

9 asking me to g o further tha n that , and I a m not willing to

go further than tha t.

10
My contention is I never testified anywh ere in
11

Brooklyn or New Jersey or any other place t h a t you are

12
talking about , and that is the thrust of my contention
13
wi t hin this lawsuit.
14
Q Wil l you allow gov ernment o ff icials to testify ,
15
if that is , in fact , yes , yo u were a n informant in other
16
ways , in other cases besides wha t you have told us today?
17
A I don ' t h ave a choice , i f you cal i these peop le
18
t o the stand.
19
Q You don ' t claim any protection?
20
A I didn ' t say that and you are tryins the same
21
thing agai n, Michaels .
22
Of f the record .
23
(Discussion off the record. )
24
MR . MICHAELS : On the record, p l eas e.
25

BLITZ REPORT ING CO.

15 PARK ROW. N.Y. 10038 PHONES: 349-3108-9
 1 114

2 Q Mr . Eder , in those limite d inst.1nc e s where

3 yo u did provide information t o the FBI an d DEA , whi c h yo u

.. 4

s
6
h.:ive told us abont , <lo you heJi e ve that informat ion was

helpfu l

A
to the FBI and the DEA?

Yes , I mos t definitely believe it WQS helpfu l

7 to t h e FB I and the DEA . However --

8 Q Did that he l p mainta i n the integrity of their

personrn~l and secnri ty systems ?

9
A Only the sec u r ity systems , Rnd my contention is
10
that in no way jeopardized my standi ng a s ~n out l aw , simply
11
because in pr i son pnr l ance , a " ra t " o r "informa nt" is one
12
who takes advantage of gett ing out of doing jail time by
13
p utting some one else in that cage in his place , so my dea l-
14
ing with the government was without hurting another humHn
15
being . I don ' t feel I deserve the reputation of bein9 a
16
rat .
17
Does t~at ~nswe r yo ur question ?
18
Q It is a n answe r to the question .
19
If you bc-1 i eve th a t yon r ,.1ork for the g over nment
20
h e l ped t o protec t security o f go ve r n~enta l information i n
21
dea li ng s with criminal prosecuti ons , is it not true the
22
he l p yo u p ro vi ded probahly res ulted in people being jailed?
23
A No . Most definitely not . ~~e help I provided ,
24
agai n , was in te l ling - - are you speak in g of the FRI or the
25

BLITZ REPOR TI NG C O .
15 PARK ROW. N .Y . 1 0036 PHONES: 349-3106- 9
 1 Eder 115

2 drug enforcement agencies?

3 Q Both.

4 A The Federal Bureau of Investigation presented

5 leaks in the national security system. Since I had the

6 ability to tap the FBI's phone, I had the same ability to

7 tap any government phone in that area, hased on the way

8 they were doing things at that point in time.

9 'rhe second thing was that certainly wouldn't

10 have led to the arrest or conviction of any human being.

11 The second thing with regard to the Drug Enforcement Ad-

12 ministration, the Drug Enforcement Administration doesn't

13 like a lot of things I do. You broughtup the point of

14 warning the ships. I have done that on numerous occasions. 1

The government is very upset about it~ They didn't get --
15
They didn't get any positive convictions out of anything
16
that I told them. What they did get, the furthest you
17
could possibly stretch my help to the government is I might
18
have been able to give this information as to how to plug
19
in the computers to somebody who it might have helped them
20

•
to avoid capture. This is the furthest you could possibly
21
stretch the damage I would have done to another outlaw.
22
Q The damage to another outlaw, even if you had
23
not given a name, that resulted in immediately and directly
24
in an arrest; isn't that true? The assistance you provided
25

BLITZ REPORTING CO.

15 PARK ROW, N.Y, 10038 PHONESi 349-3108-9
 1 Eder 116

2 probab l y h e l ped the effici ency of the l a w e n forceme nt

3 agenc i e s by t hose a ge n cies tha t some peop le were a rres ted

4 that otherw i se wo uld not h ave b een arreste <l?

5 A Abso lute l y not .

6 Q Wh ere d id yo u get the lis t of wa nte d s hi p s

7 whi c h I think you call e d a hot s h eet? Where did yo u ge t

8 the list?

9 A Which one? I can state very simpl y that on a t

10 l east te n times I have gotten ten l ists.

Q Fro m wh om ?
11

12 A From various sources .

13 Q From whom ?

14 A F rom variou s so ur ces. That is an ans we r to

t he q u es tion.
15
Q Are yo u wil l ing t o identify t he source s?
16
A I am unwilling to identify any of the source s.
17
MR . KAHN : Off the rec6rd .
18
(Di s cussion o f f the record.)
19
MR. MICHAELS : Back on the record .
20
Q Go ahead .
21
A I a m l os t .
22
Q Are yo u dec lining to answe r t he quest i o n?
23
A What question?
24
Q The ques tion is, wo uld you p l ease tel l us the
25

BLITZ REPORTING CO.

15 PARK ROW . N. Y . 1 003 8 PHONES : 349-3108- 9
 1 Eder 117
2 peop le from wh om you go t the li sts of h o t ships , of wa nte d

3 s hips?

4 A Of course not.

e 5 Q Thank you.

6 A No, not " thank you." Let me comp l e te my answe r

7 to the question . Of course, any perso n who stole these

8 are gener al ly teletype that were teletyped to various Coast

9 Guar ds and some time s a full hot s heet, an d a t any time a ny -

10 b o dy gave me that info r ma tion, a lot of people were working

11 f or t he government a nd there were kids that wo rked for the

12 Coas t Gua rd and peo p le who worke d in governme nt a gencies

13 for which we paid for these hot shee ts . Of course we

14 couldn 't t e ll you that .

MR. MICHAELS : Subject to my cl i ent 's

15

approval , I h ave complete d my examina t ion . I \van t

16
to tha nk Mr. Ka hn , our r eporter , and Mr. Ede r, as
17
·we ll.
18
Q Mr. Ede r, our concluding quest i ons are as
19
follows :
20
Had you re ad the c ompla int in this case p rior
21
to today ?
22
A I'm sorry , no.
23
Q Do you know whe the r your attorney in t his
24
matter ever previously rep re sented Mr . Thomas Forcade or
25

BLITZ REPORT I NG CO.

15 PARK ROW. N.Y. 10036 PHONES: 349-3106-9
 1 F.c'ier 118

2 any of his busines s ventures?

3 A You h ave to depose my attorney.

4 Q I am ask ing whether you have any knowledge .

5 I am not asking you the fact .

6 A Whether I have any knowled0e?

7 Q Do you know whether yo ur present attorney , Mr .

8 Kahn , sitting n ext to you , ever previously rcpres cm ted Mr.

9 Fo rcade or his business ve ntures?

10 A I believe he may h ave been represe nting

11 Transhigh Corporation somewh ere along the line. I don ' t

12 know if he ever represented Tom personally.

13 Q Do you know how that relationship t e rminate d?

14 A I have no idea. I don ' t eve n know if i t has

15
terminated .

Q At my client's request , I want to ask one fina l

16

question , which is whether you discussed this matter 't>'li th

17
y ou r attorney before t~e comp laint was drawn , whe the r y o u
18
informed him th a t you saw the princi pa l dama0e to you r
19
r e putation as the d amage to your re::>u·ta t i o n as t o ·what yo u
20
call an outlaw?
e 21

22
A I think ~~at I said to my attorney was this was

a malicious attack by A. J . Weberman and these peop l e shou ld

23
have known it was a malicious attack by Nebernan . They
24
should have chec ked the vera c ity of the statement that I
25

BLITZ REPORT I NG CO.

15 P A RK ROW. N.Y. 10038 PH ONES: 349-3 1 08- 9
 1 Eder 119

2 te s tified b e fore a grand jury and I said I want to s ue him

3 a nd he said, " I don ' t t hink it would take too much time .

4 Sure I wil l help you . " That ' s i t .

5 Q You did not in fact discuss with him what ar e a

6 of your reputation, that is, your r e putation as an outla w ,

7 which you felt was a principa l

8 A That is privileged communication what I discus s e

9 with my atto r ney .

10 Q At my clie nt.' s request , do you know of the

reason why the att o r ney is repre senting you without com-
11

12 pensation?

13 A Why don' t you ask my attorney?

14 Q I am a sking you if you know .

A I have no idea . I think perhaps he likes me .

15
Despite the fact that I am an o utlaw , I think he likes me.
16
EXAMINATION BY MR . KAHN :
17
Q In the course of the d e position we h ave d is -
18
cussed the state me nt in the November 2 7, 1978 Vill a ge Voice
19
a rticle by Mr . We ber man that Chic Ed e r wa s a hi ~h- l e vel
20
DEA informant .
21
Would y ou please t e l l me wh a t " info rmant"
22
g e n erally me a ns or what you understa nd the word "informa nt "
23
to me an ?
24
A What I unde rstand the word "informa nt" t o mea n ,
25

B LI TZ REPORT I NG CO.
15 P A RK RO W. N.Y. \ 003 8 PH O NE S: 3 '19 - 3 1 0 8-9
 1 Eder 120

2 since the ma jority of my adult life was s p e nt in prison

3 situations , my terminolog y of "informa nt" is one who trades

4 his cag e , trade s, gives up his cag e -- let me rephrase

e 5 th a t - - is one who gets out of a cage by p utting a nother

6 ma n in t he cage in his pl ac e , and I h a ve neve r done that

7 and I never i n tend to do t hat.

8 Q Is the term "cop" sometimes trea t e d s ynonymous l y

9 in y our understa nding, with t he word "in fo r mant"?

10 A Erroneous ly. Again , my parlance is based

11 primar ily o n prison . A cop is a cop and a rat is a rat .

12 They are t wo separate a nd distinct e ntities .

13 Q Looking at the article we are dis cussing , I

14 am calling your atte ntion t o a c ouple of sen tences tha t

15 say , '\ery few other p eople wo uld h e lp Tom. Rubin and Tom

16 had ca lled me a cop . Rub in a nd Hoffman had called him a

17 cop during the yippe e- z i ppy c onfli c t in Miami , a nd that

18 l abe l s tuck . Eve ntually both Abby and .._l'erry admi tte d t his

19
wa s t:he wr ong t hing to do. "

20 A I canno t a n swe r for A . J. Weberman 's wr iti ng ,

s ince I didn't write that . A . J. Weber.ma n - - at no time,

21
t o my knowledge , was Tom accused of bei ng a c op. He was
22
a ccused of b e ing a n age nt , of be ing an info r ma nt and
23
a ccused of work ing for the intelligence community.
24
At no t ime in my knowl e d ge was he eve r accu sed
25

BLITZ REPORT I NG CO.

15 PARK RO W. N.Y. 1 003 8 PHON ES ' 349 - 3 1 08- 9
 1 Eder 121

2 of being a cop.

3 Q Does the word " informant " in t h e se nse t h a t

4 you understand it , have a very n egati ve connotat ion?

5 A About as negative a s yo u c a n get .

6 Q Would you say it also is a n egat i ve connota tio n

7 among you r fr i e n ds , fami ly and busines s a ssoc i ate s ?

8 A The wor d "infor mant" i s not on ly amongst th e

9 rat, s omeone who betrays the t r ust of his peers, it is

10 l ooke d upon as a piranha by our society . We ar e dea ling

with go ing al l t he way t o Ju da s a nd J esus , ri g ht up to the

11

12 i nfor~ant, wh i c h was later redone with bl ack s no t too many

13 year s ago on every l eve l in t he society , e xcep t f or possih ly

14 a few of the n ewe r cop shows i n which a pimp rat , who is

15
looked upon as a hero. In most l eve l s of s ocie ty , in-

forman t is loo ked upo n as a l ow li f e.

16
Q Is the word "i nforman t" synonymous wi t h t he
17
word 11
snitch ?
11

18

A Exact l~. Mos t definitely .

19
Q ~.ne ther parag raph: " Recen t l y Rick Nemay , in -
20
formant , FBI , snake , who in f iltrate d the zip pies and c a me
21

doi n g a boo k for Quadrangl e Press about his expe riences ,

24
refused to he l p frame him. 11

25

B LIT Z RE P O RTING CO.

15 PARK ROW . N . Y. 10038 PHONES: 349-3 1 08- 9
 1 F.ncr 1 22

2 In regar d to t h at paragraph, hy contrast of

3 t he paragraph in which your name was mentioned , what d id

4 t h a t sugges t t o you?

5 A It suggested to me he was a good guy and no t

6 a rat an d I was a bad guy and a rat . In th is case , tha t

7 is what it s u gges ts to me .

8 Taking the artic l e as a whole , looking a t tha t

9 paragraph and ·che paragraph abo ut me, one is the good g uy

10 a nd one is the bad guy .

11 Q You test ified that you had given v ery limited

l2 i nformat ion to t he FBI in 1975. Have you g i v e n informatio n

13 to t he FB I in the years subsequent to 1975?

14 A Let me dea l with tha t. I h a ve wo r k e d once

15 with the FBI and I stated at whic h time I worked wi t h th e m.

16 And I worke d with t h e ones with t h e Drug Enforce ment Ad-

17
mi ni stra tion and t hat's it , b aby .

18 Q Wi t h r e spect to the Drug Enforce me nt Adminis -

tra tion wi t h which yo u made your arrangement in 1 976 , h a ve

19
yo u give n them a ny furth e r in formation in 1977 , 1 978 o r
20

1979?
21
A I had no contac t wh a tsoe ver .
22
Q At t h e time this artic l e refers to , whe n it
23
r e fers to you r name in 1977 , it i s th e r e fore the case tha t
24
y ou we re not d e aling with or giving a ny in f o rma tio n wh a t-
25

BLITZ REPORTING CO.

15 PARK ROW. N.Y. 1 0038 PHONES: 349·3106· 9
 1 Erl e r 123

2 soever t o t he DEA at tha t t i me ?

3 A Tha t i s cor r ec t .

4 Q I n c o mmo n pa rl a n c e , t h e wo r d " i n fo rma nt," i s

5 tha t g e n e ra l l y unde rstoo d t o mea n s o meone who me r e l y g i v e s

6 some i nformat i o n a bout the te c hn i c a l da ta , s uch a s you ga ve ,

7 or i s it more sure ly u n d e rstood t o mea n a s nit c h of r a t

8 th a t tur ns o n s ome speci f ic - -

9 A I n g ene·ca l , i n a socie t y i n gen e ra l , U1e wo r d

10 " informa nt ," if it i s no t u sed in a c r i mi na l comp l aint , has -

it is no t a devil word . It is no t a d e v il word i f y o u say ,

11

12 " I h a ve a n i nfor ma nt who te lls me t h a t if I g o into th e

13 b u si n ess in Ha i t i t omor r ow , I a m goi n g to ma ke a l o t o f

14 mone y ." That i s a n in fo r ma nt wh o g i v e s tha t info rma t ion.

As we k now it wi t h i n the st r u ctu re of t h e

15
s ocie ty i n wh ic h I li ve a n d t h a t is n o t on ly th e peo p le
16
who a re e n g a ged i n outl aw a cti v iti e s b ut p e o p l e I know
17
s oci a l l y a nd persona lly , t h e word " informan t" i s a b o u t a s
18
low a word , it ' s a bout a s d ero gatory a nd p ejo rative a wo r d
19
a s y o u c a n us e aga ins t a h uman b e ing .
20
Q Is t ha t bec aus e i t is t rea t 8d as meaning y o u
21
gi v e informat i o n 1 a b o u t a noth e r h uma n be in g t h a t ca u sed his
22
a rres t?
23
A No, it ' s b e cau se i t is t re a te d , tra din g y o u r
24
c age with ano t h e r ma n , p utting another man i n a c age s o
25

B LI TZ R EPO RTING CO.

15 P AR K R O W, N.Y. 1 00 3 8 P H O N E S: 3 4 9 - 3 108- 9
 1 E<ler 124

2 you don ' t h ave to go into a caqe.

3 Q Whe n you r e ad the article by Mr . We b e rma n , d id

4 yo u understand that to mean he was stating or implying yo u

s gave information to a grand jury with r e spect t o ~om Forc a de

6 for the purp ose of putting him in a c a ge and k eeping yo u

7 out?

8 A Ex act ly . He says tha t I ga ve testimo ny b e fore

9 a gran d j ury in Brooklyn in the year 1977 . This is a lie.

10 That is. the who le crux of my c as e . All the r e st of wha t

is b e ing state d is great b e tween l awyers , but my case is

11
very s i mp ly that this man has said that I t e stifi e d before
12

13 a g ran d jury against anothe r human being a nd I n e ver <lid

14
t his . And I f e e l he did this ma lic iou s l y and with the

intent ion of trying to hurt me . Th i s is my wa y of e x pres s-

15
ing this lawsuit .
16
Q Do you h a ve a ny inkling a s to why Mr . We b erma n
17
b ears a ny f eeling of ma lice , ho s tility t owards y o u in-
18
dividually?
19
MR . MICHAE LS: Obj ~c ti on . As k e d a nd
20
a n swe r e d. Didn't we vi e w t h a t spec i f ic a llegatio n ?
21
MR . KAHN : I do n ' t r eca ll t h a t y ou asked
22
him.
23
Q I n addition to the spe cific a llega tion tha t wa s
24
ma de by you a b o ut Mr. We ber rnan , do you h a ve a ny t hing more ?
25

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2 A Yes, I think th e re is more .

3 Q I wo ul d like to know if there is anything e lse .

r7 4 A He says it right in his artic l e . Ile say s in

5 the article He says he was so angry about Tom's death

6 that he lashed out at e ve r yone . I think that appears in

7 the article , the exac t words: "I b egan to blame anyone

8 that was h andy for his demise . " Those were his words .

9 What I a m s aying is , as we l l as the ma lice ,

10 I am say ing he wa s very loyal to Forcade , whether he wa s

misdirected or no t. He was l oya l to Forca de a nd dislike d

11

12
me because I was giving him my prices in New York on smoke

13 and he was mak ing a living and then I stopped doing that .

14
For those two r e asons , for the reaso n he fe lt

I cut him off from his supp l y of materia l was one, and the
15
second one was a sense of loyalty t o Forcade . I fee l he
16
c ame out in print and stated this a nd other people were
17
whispering behind doors that I was unlucky t o be the guy .
18
He to ok a sho t at me because he wa s malicious about it.
19
He was going t o grandstand . In prison parlance, tha t is
20
cal l e d prison grandstanding . You had y our day , b a by, now
.e 21
it ' s mine .
22
Q With respec t to the maga zine yo u proposed t o
23
publ i s h, you indicated you sought to employ a woma n who
24
declined to work for you as a result of this artic le?
25

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 1 F.de r 126

2 A That 's correc t .

3 Q Were there a n y other persons , to your know l edge ,

4 that d ec li ned to work fo r you o n t his pro j ec t as a resu lt

~ 5 of tJ1e publication of t his artic l e ?

6 A Yes .

7 Q Wou ld yo u te ll us who they were ?

8 A Paul Kra s ner , Sally Ma r , a lthough Sally, I con-

9 vinced h e r t h at was n ot the case . There have been othe r

people , yes .
10

MR . KAHN : Tha t is a ll I have .

11
MR . MICHAELS : I will be brie f o n re -
12

d irect .
13

EXAMINATION BY MR. MICHAELS:

14

Q You have seen governmenta l ag ency reports a t

15
times, have you not?
16
A I hav e.
17
Q Inv estigati ve reports , tha t sort of thing ?
18
A I h ave .
19
Q Yo u are aware the informant is ofte n us e d as
20
a n informa nt who g i ves specific i nfor mation even though
21
they are not trading a cage fo r another person's incarcera-
22
t ion?
23
A Yes , they have paid i n forma nts that d o it fo r
24
oth e r reasons . There ' s a lways some game for the informant .
25

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 1 Eder 127

2 It is e i ther reve n ge , mo netary g ain or tr a d ing a ca g e with

3 another hwnan being. It is one of those three t h ings.

4 Q In f act , did n't you wan t revenge ag ainst To m

S Fo rc ade he cause you bel ieved he stole mon e y and mari j uana

6 f rom you ?

7 A Let's dea l with that . At t he time the people

8 within the governme n t, who want e d me t o testify ag ains t

9 Forc a de

10
Q Who were they , in addit ion to Mr. Newgarte n?

11
A Who eve r Mr. Newgarten works wi th down ther e.

12 With regard to tha t, that took place many, many months ,

13 possibly a year before I even knew Forcade h a d b e a t me

14 out of 5 0 pounds . So at the time tha t took p l ac e , no.

Q By 1977 y ou knew about the the f t of y our

15
marijua na?
16
A I believe i t wa s in April. I a m pret ty sure
17
it wa s in Apr il. Either '76 or '77 tha t I f ound out a bout
18
it.
19
Q During s omet i me , during 1 97 7, in fact , yo u /
20
l ea rned abo ut i t a nd didn't you want revenge agains t Tom
21
.•
Forcade?
22
A I rece i ved al l t h e revenge I needed. I took
23
my fifty p ounds back , with i nteres t .
24
Q Fr om where ?
25

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 1 Eder 128

2 A From a trans action Forca de and I we re inv ol ved

3 in.

4 Q What location?

5 A Florida.

6 Q With his permission?

7 A He didn ' t have a choice. I said , you know,

8 " Man, I'm taking this . What do you want to do?" He didn' t

9 wa nt to do n othing. He knew. There was a man in the room.

10 He said, "Tom, you beat him for his money ." I took fifty

11 a nd fifty more to make up for the interest and t ook one

12 hundred pounds from him in fro nt of his face. I told him

l3 I wa s taking this . It was that simple.

14 Q The two of you were alone at the time?

15
A Me a nd Tom.

Q Who else was pres e nt?

16
A I wouldn't give you that info r mation .
17

Q Was a ny weap on in t he room?

18
A Tom had a .45 in his belt .
19
Q Any o ·th e rs ?
20

A Not to my knowle dge .

21
Q Did you hav e a ny weapons ?
22
A I don't carry a gun .
23
Q Did you have any weap on ?
24
A No, I d on ' t carry a gun .
25

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 1 Ede r 1 29

2 Q How wa s it that he h a d a g un and you had no

3 weapon a t a ll a nd that y ou we re a ble to simply say to

4 him , 11
I am t ak ing it, 11 and walk out with something va lue d,

5 I t hink yo u said , abo ut $20,000 ?

6 A That ' s wha t it would be v al ue d out, twenty

7 t hou sand.

8 Q Wha t was it, force of personality , h ypnotic s?

9 A Ne ithe r . You are facetious .

10 Q Yes , I apo logi ze .

A What h appe ns in t his busines s is we know the

11
difference between ri g ht and wrong . I wa s in a positio n to
12

13
confront th is man wi t h r egard t o his having cheate d me o n

a n earlier run. I was working at the time of being cheated.

14
I wa s working fo r Torn Forcade . I was not his par t ner. I
15
wa s still working for him and he was supposed t o h ave paid
16
me $50 , 000 or 2 00 , 000 pounds of marijuana . Instead of
17
paying me 1 5 0,000 pounds of mar ij uana , la ter , just prior
18
to thi s busi nes s arrangement going down where I wa s Tom 's
19
partner at t his t i me , just prior to it going down, I go t
20
t he info rmation aho ut his h aving b e at me for the fifty
21
pounds , s o I wen t t o other people in the g a ng and as ked
22
did this ~ea ll y take place . I go t the informatio n that it
23
had . I co nfronted Tom with the informa tion tha t he had
24
bea t me for the fifty . He agreed he h a d beat me for the
25

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1S PARK R OW, N."f. 10036 PHONES: 349-3 1 0 6-9
 1 Eder 1 30

2 fifty. I t o ld him, " I' JT1 t.:1king the fifty and I' rn tak ing

3 anoth e r f i fty ," b e c ause he was a fake . He was carry ing a

4 gun but he h a d no choice because the othe r g uy was in t he

5 room. He said, "Ma n, yo u CJOt no choice . You bus ted him ."

6 He c arr i ed a gun. Tom Forcade a l s o p ull e d a gun o n me

7 during the same ope ration. He pulle d a gun .

8 Q There wa s a period of t i me t h at you were a n gry

9 with Forcade and though t about revenge but had not reso l ve d

10 the problem , was there not ?

11 A No, because I wa s -- couldn ' t have b e e n more

12 than a day- and- a - half, two days from t he time I found ou t

13 about it to the time I took my material back .

14 Q Within the l ast year , have you t esti fie d in a ny

15 c ourt of l aw wher e the jury or judge accepted you r word ?

16 A I h ave not testifie d in a court o f l a w i n a ny

17 case , other t h a n my cas e , t o the bes t of my knowledge . I

18 canno t ever rememb e r ever be ing ca l led . Maybe I was once ,

19 in Califo r nia . I have never testified aga i ns t anyone in

20
any case anywhere in the world a t any t i me .

Q No judge- or jury wh i c h ever receive d your ~or d

21
in court?
22
A There i s no judg e or a ny jury -- I d o n ' t k now
23
that . There are judges and juries who have accepted my
24
wor d in cour t, when I defended myself. Let me try the
25

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15 PARK ROW. N.Y. 1 003 8 PHONES' 349-3108-9
 1 Ede r 131

2 sta t ement aga in. At no t ime in my 48 y ears , i n my

3 exis t e nce , have I ev e r tes tifi e d a ga inst any pe rson i n

4 a ny c r imina l p ro cedure ; is that clear? Th a t i s p r e tty

5 b r oad . That is 48 y ea rs of i t . Doe s that a nswer yo ur

6 q ues tio n? I h a ve t e stifi e d in my own case s.

7 Q How ma ny time s was y our word accepte d in yo ur

8 o wn cas e s?

9 MR. I<A HN : I obj e ct to that. One n e ve r

10 knows -- How d oes o ne know the b as is of how i t is

11 accepted at the trial?

12 Q In t ho s e cas e s you t es tifie d , th e c ase s in

13 v-1h i c h the jury c onvicte d you of c r ime s

14 MR . KA HN : I o b j ec t to t h a t. You do n ' t

15 k n ow if oth e r tes timony or evidence wa s in t h e cas e

16 and you don ' t know the jur y ' s basis f or wh a t t he

17 de cisio n wa s.

18 Q Ha ve yo u testifie d in yo u r o wn beha lf ?

19 A In whi c h the jury b e lieved me?

20 Q Whi c h i n f ac t re s ul ted in your be ing c o nv i cte d

e 21
of a crime .

A Both . I h a ve n e v e r tes ti f i e d i n c a ses d e a l ing

22
with o ther peop le ; tha t i s No . 1 . Le t's get tha t s t r a i g ht
23
a ga in, f rom t he jump.
24
Q I u n d e r stand your pos itio n .
25

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15 PARK R O W. N .Y . 1003 6 P H O N E S' 3'19-310 6 · 9
 1 Ede r 1 32

2 A Wh e n I h a ve t estifie d i n my own cases , I h a.ve

3 won some an d l os t some .

4 Q Th a nk you .

5 A When I have charges agri ins t me and t he j ury

6 comes in and acq uits o n e ight a nd co n victs o n two , I assume

7 t he jury mus t h a v e believe d me on the e i g ht .

8 Q As a fin a l q u es tion, is i t yo ur b eli e f that t he

9 stat ements you h ave made to day wo uld be d eemed d ero gatory

10 by y our fr i e nds , associ ate s and bus i ness compani o ns?.

A Between the time t hat t h e in f o rmati o n a s t o

11
my worki ng wi t h t he g o vernme nt became p ubl ic and today?
12

13 Q You were r e f erring to t he f i r st time it wa s

14 ma de public i n HI GH TI ME S MAGAZINE in 1 9 77?

A Pr ior t o a ny p ub li c a t i o n, when I said "made

15
pub lic ," I meant by a pa r t of whe r e i t was known , wh ere this
16
information
17
Q Yo u are speak i n g abo ut 19 77, n ot the art i c le?
18
A I ' m s peaking wi t h a year - a nd-a - h a lf ago . From
19
tha t time o n, I ha d t o expend a tremendo us amou nt o f energy
20
wi t h a l o t of people in te lling t h e m wh a t actu a lly took
21
p l ace . Th ere we r e tho se peop l e tha t be lieved t h a t I was
22
te lling them the t ruth and con t i n u e d the r efo re to d o
23
bus i ness wi t h me .
24
Q Out l a w business ?
25

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 1 Eder 1 33

2 A Outlaw bu si ne ss a nd l eg i t i ma t e inl a w bus ines s.

3 n n d they continued t o do busine ss with me follo wi n g this .

4 An d t h e re were some p eople who felt th e y did n ' t wa nt to do

5 bus ine ss with me after that.

6 However , up until the p oint of A. J . We herrnan's

7 a rticle a pp e a r ing in this Vill age Voice , I had nothing to

8 put my t ee th into . A. J . Webe rman has made a statement .

9 He has said I am a governme nt informant who t es tifi e d in

10 1977 befo r e a Brooklyn g r and jury . That did not tak e plac e.

Ok a y? All I an1 saying is, if this took pla ce, l e t me be

11

12 a rat in public . Let him come into court a nd state i t

13 took pla ce.

14 Q Mr . Ed e r, in the various ti me s you h ave s poke n

with repo r t e rs a n d journali s ts or writ e rs, wh ere yo u k n e w

15
you had the opportunity to address the public a bout your
16
caree r in history , did y o u ever t ake the o ppo rtunity to
17
d e ny the all e g a tion made by HI GH TI MES MAGAZ I NE a nd t.he
18
a t t or ney, Michael Kennedy , in 1977 t h a t you were a D<1J·c otic
19
info rma nt?
20

A I have not b e en intervi e wed by a ny p ub lication

21
s ince t h a t took pla ce. Doe s that an swe r y our que stion?
22
Q Have you done a nything t o s eek t he opportunity
23
to d e ny t he a lle g ation made a t tha t ti me by tho s e parti e s?
. 24
A No , b eca use I d i d n ' t know wh a t t he recou rse s
25

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 1 Eder 134

2 were o f fere d to me a t the time.

3 At t he t i me I wa s too punchy , is the r i g ht

4 word , h avin g this thing h appe n to me , t o ta ke effective

5 a n effe ctive counter attack . At t his t ime I h ave a n

6 atto r ney who is will ing to make a n effective counterattac k

7 a nd fo r the record , unti l s uch a time , unti l I came in this

8 o ff ice , I hadn ' t thought abo ut suing HIGH TIMES and Michae l

9 Kennedy , but I a m now .

Does t h a t answer y our ques ti o n ?

10
Q Is i t therefore true , in fact , you neve r denied
11
tha t a llega tion or sou g ht any o pportun ity to deny it?
12
A I mos t certa in ly did d eny th is allega tio n.
13

14 Q To whom?

A To everyb ody I c ame across , t ncluding Tom

15
F orcade , and a t one time t h ere was a situation whe r e Forcade
16
~·Hl n te d t o mee t with me with regard to this , a nd ·th l~ re is a
17
person i n New Yo r k City pos sibly who mi g ht be ab l e t o
18
t es t i fy to th at . Aga in , I canno t give th is per s on ' s name
19
unti l I h ave spoken to him.
20

- 21

22

23
tions .
MR . MICHAELS :

MR . KAHN :
I h ave no further q u es -

I h ave n o further que stions .

(T ime noted : _6 : 3 0 p.m .)
24
Subscribe d and sworn to before me
25
this day of 1979.
BLITZ REPORTING CO.
15 PARK R OW, N .Y. I 003 8 PHO N ES' 349-3 106- 9
1 135

3 C E R T I F I C A T E

4
STATE OF NEW YORK )
5 SS
COUNTY OF NEW YORI< )
6

7
I, SHA RYN L . BAMBER , a Shorthand Rep o r t e r
8
an d Notary Public within and for the State of
9
Ne w York, do hereby certify:
10
That ·cHIC EDER , t he wi t n es s \·1hose
11
ck~ p os .i. tion is herein.be fo r e s8 t forth , ·was •-1.ul •..r
12
sworn by me a nd t hat such d e po s iti n ~ is R tr ue
13
r eco r d of the t es timony give n by s uc h '-'-· L-n ~: ·.:: s .

14
I f urther ce r tify that 1 <:rn rio t r n l n. t .-; rl
15
to any of the pa r ties to this a ction by b J O( •d
16
~r marriag e , and that I a m in no way 5nt er~s~a d

17 in th e o ut c o me of this matter .
18
IN HlTN P~S&;HEnEOF \--2: h a ve reunto s et
19
my h a nd t.h is _ _t_._ _d a y of_J_ f~_1\"°=.::-' 1979 .
20

21

22

23

24

25

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