(V5,P36,L5-7,19-20,P37,L1-2,P39,L21-25,P40,L1-2,8-9)
SMITH: "Ms. Garrett, would you please state your full name for the jury?"
GARRETT: "Yes, it's Debra Garrett."
SMITH: "And are you still, as you can, helping support those girls."
GARRETT: "I'm trying."
GARRETT: ". . being with one of them for 13 years. ."
SMITH: "Was it a busy environment out there on the 20 acres?"
GARRETT: "Oh, yes, it was very busy."
SMITH: "It was non-stop. You pulled in and you went straight - - got your folder, sat down at your desk and we even ate at our desks because it was just non-stop. And I would usually arrive anywhere from 9:30 to ten
(COMMENT: in the morning) and then I would leave at midnight."
SMITH: "So if someone came into the organization and made their INITIAL INVESTMENT, . ."
COMMENT: WOW!
(V5,P41,L4-8,L14-22,P42,excerpts L3-25,P43,L1-13)
SMITH: ". . You said that there was some type of new system that you were transferring into or transforming into?"
GARRETT: "Yes, Mas 90. Quick Books was too small a company and they could not get all of the checks out. . . Al was constantly trying to get new equipment in to get the people their checks."
SMITH: "And what was his day-to-day obsession on having accomplished?"
GARRETT: "Work, work, work."
SMITH: "What did he want accomplished on a day-to-day, hour-to-hour basis?"
GARRETT: "Get there, sit down, get your work done, get the checks to the people. That was his main goal, to pay the people."
SMITH: "And did you have some type of meeting on April the 2nd?"
COMMENT: BEFORE SHUTDOWN
SMITH: ". . DID HE RELATE TO YOU THAT HE WOULD STILL BE OPERATING THE COMPANY FROM HIS HOME HERE IN TYLER, TEXAS?"
COMMENT: INTENT.
GARRETT: "YES, HE DID."
SMITH: ". . a great deal of attention has been given to a portion of that that says that you agree if you take the money that you can't talk to the FBI or the IRS or anybody or anything like that. Do you recall that part?"
GARRETT: "Yes, I do."
SMITH: "DID YOU TAKE THAT TO MEAN THAT IF YOU ACCEPTED THAT PACKAGE THAT YOU WOULD BE TAKING A BRIBE?"
GARRETT: "NO."
SMITH: "That he was bribing you, if you wouldn't talk to anybody in authority, that your money was contingent upon that?"
GARRETT: "NOT AT ALL, NO, SIR."
SMITH: ". . did you get your money from the organization in accordance with that agreement until the funds were frozen?"
GARRETT: "Yes, I did."
(V5,P43,L17-25,P44,1-25,P45,L1)
SMITH: ". . explain your understanding of the Canadian connection, if you will, so far as TeleCom 2000 is concerned."
GARRETT: ". . In February when I first went out there on the 13th, the Canadian crew was there. As I said, the business was growing at such a rapid pace that no one could keep up with it. SO THIS CREW CAME IN FROM CANADA AND THEY WERE WHIZZES ON THE COMPUTER, and so they were there when I first went out and I was introduced to them. Then I think that was their second or - - no, it was their first trip but they left a couple days after that. Then they came back in March to help us . ."
SMITH: ". . THE CANADIAN CONNECTION IS THAT THEY WERE ABLE TO PROCESS AND MAKE TELECOM 2000 MORE EFFICIENT?"
COMMENT: THE REASON FOR MOVE - NOT TO "ESCAPE SCRUTINY" OF REGULATORS!
GARRETT: "YES."
SMITH: "Is that correct?"
GARRETT: "YES."
SMITH: ". . DID THEY HELP ELIMINATE THE BACKLOG THAT HAD ACCUMULATED OUT THERE?"
GARRETT: "YES, THEY DID."
SMITH: "MS. GARRETT, I WANT TO ASK YOU A QUESTION. AT ANY POINT IN TIME DURING YOUR EMPLOYMENT WITH TELECOM 2000 OR AL PETTY, DID YOU FEEL LIKE YOU WERE INVOLVED IN SOME UNLAWFUL SCHEME?"
GARRETT: "NO, NO, SIR."
SMITH: "WERE YOU MADE AWARE OF ANY PERSONS ASSOCIATED WITH THE BUSINESS OUT THERE THAT WERE COMPLAINING, EXCEPT AS Y'ALL USE THIS TERM, FALLING IN THE CRACKS OR SOMETHING LIKE THAT, SOMETIMES A PERSON WOULDN'T GET THEIR CHECK ON TIME?"
GARRETT: "OH, WE HAD PHONE CALLS, YES, WHERE THEY WOULD SAY, YOU KNOW, WHAT HAPPENED, AND AL WOULD MAKE IT RIGHT RIGHT THEN, WHETHER IT WAS WRITING OUT A CHECK OR FINDING OUT WHAT NEEDED TO BE DONE, BUT VERY FEW."
SMITH: "AND IF THINGS GO WELL IN THIS TRIAL, DO YOU INTEND TO CONTINUE YOUR WORK WITH TELECOM?"
GARRETT: "YES, I SURE DO, AND I WANT TO BE A BUSINESS OWNER, NOT JUST AN EMPLOYEE."
CROSS EXAMINATION BY MS. KENNER
(V5,P46,L12-16,19-25,P47,L1-12)
KENNER: ". . DID YOU LOOK AT THOSE AUTOPAY CHARTS?'
COMMENT: SHE WASN'T BEING PAID TO "LOOK AT THEM" - PAID TO PROCESS THEM. SHE JUST TESTIFIED THAT SHE WANTED TO "BECOME A TELECOM 2000 BUSINESS OWNER"!
GARRETT: "THERE WAS NO TIME TO LOOK AT THEM. I JUST HAD TO PERSONALIZE THEM AND GET THEM OUT."
KENNER: ". . you didn't look at the returns that were promised (COMMENT: DELIVERED!) to the potential investors of TeleCom 2000?"
GARRETT: ". . HONESTLY, YOU DON'T HAVE TIME TO SIT AND JUST READ EVERYTHING."
KENNER: ". . did you have a general understanding that Mr. Petty was promising people about a six to one return on their investment?"
GARRETT: "I never rationalized it. I just looked at the bottom FIGURE, YOU KNOW, FROM TIME TO TIME AND I THOUGHT IT WAS GREAT."
KENNER: ". . IN FACT, YOU PROBABLY OVERHEARD MR. PETTY CLAIMING THAT HE WAS PAYING PEOPLE A 500 TO 1300 PERCENT RETURN ON THEIR INVESTMENT, IS THAT CORRECT?"
COMMENT: TRACI DIDN'T HAVE A CLUE AS TO WHAT TELECOM 2000 - AL PETTY WAS ALL ABOUT!
GARRETT: "I DON'T REALLY EVER THINK I HEARD HIM CLAIM ANYTHING. I DID SEE IT WORK. I SAW THE BUSINESS WORK. I SAW THE APPLICATIONS COMING IN AND THE CHECKS GOING OUT, SO - -"
COMMENT: INTERRUPTION.
KENNER: ". . So you saw the applications coming in. That would be from business investors?"
GARRETT: "Uh-huh."
KENNER: "And this is a company - -"
GARRETT: "NOT INVESTORS. THEY BOUGHT THEIR BUSINESSES. THEY DIDN'T INVEST IN THE BUSINESS. IT WAS ACTUALLY THEIR BUSINESS."
(V5,P48,excerpts L2-22,P49,excerpts L4-24)
GARRETT: "THEY HAD TO SIGN UP FOR LONG DISTANCE AND PHONE SERVICE."
KENNER: ". . When an investor signed up with TeleCom 2000, they signed a contract with CC Wireless, is that correct?"
GARRETT: "That's correct."
KENNER: ". . they signed a contract with Future Communication Services for long distance, is that correct?"
GARRETT: "I believe that's correct, yes."
KENNER: "And each month for their cell phone bill and for their long distance bill they paid CC Wireless and Future Communication Services directly, did they not?"
GARRETT: "NO. I THINK THEY HAD TO PAY THE FIRST BILL. And here again, I was new and did not know everything, but I believe they paid the first bill on each one of those and then, yes they paid it each month, that's correct, and THEN TELECOM 2000 reimbursed them."
KENNER: "In a series of monthly checks, is that right?"
GARRETT: "Right, yes."
KENNER: ". . so these businesses that the business owners were purchasing evaporated after six months, is that correct?"
GARRETT: "I WOULD GUESS VERY FEW OF THEM EVAPORATED AFTER SIX MONTHS. YOU'D BE CRAZY NOT TO BUY ANOTHER BUSINESS."
KENNER: "So most people RE-INVESTED after six months?"
GARRETT: "THERE AGAIN, THEY'RE NOT INVESTING. THEY'RE BUYING BUSINESSES."
KENNER: "WELL - -"
KENNER: "Despite the difference in terminology, THEY WOULD HAVE TO RE-ENLIST OR RE-ENROLL, WHATEVER, IN SIX MONTHS?"
GARRETT: "WELL, THEY DON'T HAVE TO, BUT - -"
KENNER: "To get more money from TeleCom 2000 they have to."
GARRETT: "Certainly, yes."
KENNER: "And to continue their business relationship with TeleCom 2000 they would have to?"
GARRETT: "I would think so, but I don't know."
KENNER: ". . you faxed out the welcome letters to investors?"
GARRETT: ". . I believe most of the ones that I faxed out went along with the pay schedule. It was welcoming them in and here's your pay schedule."
(V5,P50,L12-25,P51,L1-25,P52,L1-14)
KENNER: ". . BASICALLY IT WAS ENCOURAGING THE INVESTORS FROM DAY ONE TO RE-INVEST IN TELECOM 2000, WAS IT NOT?"
GARRETT: "WELL, I WOULD THINK THAT WOULD BE THEIR CHOICE. I DON'T THINK IT WAS EVER PUSHED UPON THEM."
KENNER: "Now, Ms. Garrett, you were interested in this job because the pay was good, is that correct?"
GARRETT: "That and the computer skills. I wanted to have better computer skills for this day and time. For a middle aged person, that would be very important."
KENNER: ". . you mentioned the other employees that were the full time employees out at TeleCom 2000."
KENNER: "THEY WERE ALL SINGLE FEMALES AS WELL, WEREN'T THEY?"
GARRETT: "NO, MA'AM. I BELIEVE - - GOSH, I THINK WE HAD TWO OR THREE THAT WERE MARRIED AND HAD SMALL CHILDREN."
KENNER: "WHO WERE THEY?"
GARRETT: "Mary Davis and Virginia Mayo and, let's see, that may - - there was just two."
KENNER: "So Ms. Halley, Anita Banks, Ms. Weems, Ms. Rhame, Ms. Bearden and Penny Harner were all single females?"
GARRETT: "Yes, that's correct."
KENNER: "And they needed the money, is that correct?"
GARRETT: "SURE. YOU DON'T WORK UNLESS YOU HAVE TO SUPPORT SOMEBODY."
KENNER: ". . during your direct examination you mentioned that you never heard or you never had any idea that this scheme might be illegal, is that correct, or that anything going on at TeleCom 2000 might be illegal, is that correct?"
GARRETT: "That's correct."
KENNER: "Do you recall meting with Special Agent Hersley from the FBI and being interviewed on June 3rd, 2002?"
GARRETT: "I do."
KENNER: "And DO YOU RECALL DURING THAT MEETING ADVISING SPECIAL AGENT HERSLEY THAT IN FACT MS. HALLEY HAD TOLD YOU THAT THIS WAS AN ILLEGAL SCHEME AND THAT IT WAS ALL GOING TO FALL APART AND ADVISED YOU NOT TO INVEST?"
GARRETT: "That's true, she did. SHE WAS AN INVESTOR. She owned several businesses. TWO WEEKS AFTER SHE TOLD ME THAT SHE RE-INVESTED A PRO 20."
KENNER: "But SHE did in fact warn you that this scheme might be - - that there might be something wrong with this?"
GARRETT: "Well, SANDRA WAS A LITTLE UPSET THAT THERE WERE NEW EMPLOYEES IN THE FIRST PLACE, AND I FELT LIKE IT WAS - - SHE DIDN'T WANT TO SEE US BETTER OURSELVES, AND WHEN I FOUND OUT LATER THAT SHE HAD REBOUGHT 20 BUSINESSES, YOU KNOW, THAT - - WHAT SHE SAID DIDN''T MEAN MUCH."
KENNER: "But you didn't invest, did you?"
GARRETT: "I had made a pact with myself and God that I was going to pay off my bills. My girls were gone, and I was going to pay off my bills and then, YES, I CERTAINLY PLANNED TO INVEST. NOT INVEST. BUY A BUSINESS."
KENNER: "Now, did you also hear mention of the FBI investigating TeleCom 2000 when you were working out there?"
GARRETT: "Sandra mentioned it, yes."
(V5,P54,L22-23,P55,L13-25,P56,excerpts L1-24)
KENNER: "Okay. Did you ever have any information that the checks were sent to Canada?"
COMMENT: HORRIBLE MISLEADING OF THE JURY! THEY WERE NOT! THEY WERE BROUGHT BY JAMES TO AL PETTY AND DEPOSITED INTO DIGITAL CURRENCY THROUGH EXCHANGERS IN RENO, NEVADA!
KENNER: ". . you were the one that located the meeting at the Best Western?"
GARRETT: "Yes."
KENNER: "And he didn't give you an explanation of what - - did Mr. Petty ask you to do it?"
GARRETT: "No, he didn't say. He just said get the girls together, find a meeting place so that we can all sit down and talk, so I called around and got the room."
KENNER: "Well, why were you instructed to find a meeting place when there were offices in Overton for TeleCom 2000?"
COMMENT: WOW!
GARRETT: "Well, I don't know. I really didn't think about it. He didn't ask me to have it at the office or have it - - you know, he just said find a meeting place for us to meet, so I did."
KENNER: "Said find a meeting place somewhere off site of the office and at a hotel?"
COMMENT: LEADING THE WITNESS AND DECEIVING THE JURY!
GARRETT: "NO, THAT'S NOT WHAT HE SAID. HE SAID FIND A PLACE THAT WE CAN ALL GET TOGETHER. I even thought about doing it at my house."
KENNER: "Well, why didn't you? That would be a lot less expensive than doing it at a hotel."
GARRETT: "Well, I didn't know what it was about. I didn't know if it was - - HE WANTED IT PROFESSIONAL, you know, to meet. I had no clue, so I just used my own judgment."
KENNER: "And he didn't explain to you - - or he did explain to you at the time that you were going to be presented with a severance package?"
COMMENT: TRACI WAS JUST TOLD THAT DEBBIE DIDN'T KNOW!
GARRETT: "No, he did not."
KENNER: "So that was a surprise at the meeting?"
GARRETT: "Yes."
KENNER: ". . a proposed gratuity pay plan?"
GARRETT: "Yes."
KENNER: "Did you read it at the time?"
GARRETT: "Yes, I believe we did."
KENNER: "And you were not at all concerned about a confidentiality clause that requested that you not talk to the FBI?"
GARRETT: "No."
(V5,P57,L16-17,P58,L23-24,P59,L1-3,L17-22,P60,L4-13)
KENNER: "MS. BEARDEN"
COMMENT: WOW!
GARRETT: "I'M MS. GARRETT."
KENNER: "And is that more than you made per year in your other job?"
COMMENT: IN 10 MONTHS.
GARRETT: "Oh, yes."
KENNER: ". . if Mr. Petty is acquitted and TeleCom 2000 gets back up and running, would you hope to receive that amount?"
GARRETT: "Yes, I hope to stay working and get paid well, yes."
KENNER: ". . on the following day you and two other employees, Ms. Weems and Ms. Bearden, went to Sandra Halley, Virginia Mayo, and Anita Banks and tried to get them to sign off on the plan, did you not?"
GARRETT: "NO, MA'AM, WE NEVER ASKED THEM TO "SIGN OFF" ON IT. BASICALLY WE WENT TO THEM TO TRY TO SAVE OUR JOBS."
GARRETT: ". . Al asked us to take the information to each one of them and we did and we talked with them."
KENNER: "So Mr. Petty asked you to approach these ladies and try to SELL THEM ON THE GRATITUDE PAY PLAN?"
GARRETT: "No. He told us to take the papers that, - - he had given each one of us a set of the papers and he wanted us to take them to them."
KENNER: "And this would have been on April the 2nd?"
GARRETT: "I believe that's probably right. The night after the meeting."
(V5,P60,L17-23,P61,L2-25)
KENNER: ". . at the time did you know that the computers had already been moved to Canada?"
GARRETT: "Yes, I believe at the meeting Al mentioned that they had boxed them up and taken them to Canada."
COMMENT: VERY IMPORTANT!
KENNER: "AND DID YOU KNOW THAT MR. PETTY WAS SETTING UP A VIRTUAL PRIVATE NETWORK AND THAT HE INTENDED TO RUN TELECOM 2000 FROM OVERTON OVER THE INTERNET?"
COMMENT: PROOF TRACI KNEW AL PETTY HAD NO INTENTION OF "ABSCONDING" OR DEFRAUDING ANYONE. YET SHE PROCEEDED TO CONVINCE THE JURY THAT I DID DEFRAUD AND INTENDED TO DEFRAUD!!
KENNER: "Ms. Garrett, you described your employment at TeleCom 2000 as non-stop work."
GARRETT: "Yes."
KENNER: "AND BASED - - AS I UNDERSTAND NON-STOP WORK, BASICALLY THE WORK WAS RECEIVING FUNDS INTO TELECOM 2000 FOR THE PURCHASE OF BUSINESSES AND THEN MAKING SURE THAT THE PEOPLE WHO HAD PURCHASED THOSE BUSINESSES WERE GETTING THEIR CHECKS ON TIME."
COMMENT: LEADING THE WITNESS AND MIS-LEADING THE JURY!
GARRETT: "WELL, THERE WAS A LOT IN BETWEEN THOSE TWO THINGS, BUT, YES."
KENNER: "WELL, WHAT WAS BETWEEN THOSE TWO THINGS?"
GARRETT: "WELL, WE HANDLED ALL OF CC WIRELESS'S PAPERWORK. WE HANDLED ALL OF THE LONG DISTANCE PAPERWORK. WE HANDLED ALL THE CALLS FOR PEOPLE CALLING IN ASKING, YOU KNOW, IF THEIR PHONE WAS IN THE MAIL. WE TOOK ALL THAT OFF OF CC WIRELESS AND THERE WAS A LOT OF INFORMATION TO BE PUT INTO THE SYSTEM. AND TO MAKE SURE IT WAS CORRECT, SOME OF US HAD TO GO BACK BEHIND - - THERE WAS A LOT OF INFORMATION THAT WAS PUT IN INCORRECTLY AND IT BOGGED EVERYBODY DOWN AND SO A LOT OF DATA ENTRY BETWEEN THOSE TWO RECEIVING IT AND SENDING THE MONEY OUT."
KENNER: "Now, basically the handling of the paper work for CC Wireless and Future Communication Services consisted of faxing those documents to them, did it not?"
GARRETT: ". . the business owners would call us and ask questions, and so we took a lot of . ."
(V5,P63,L25,P64,L1-4)
GARRETT: "SURE, HE'S ON THE CALL, BUT THE TWO FOR ONE AND ALL THE FUND RAISING IS THROUGH LARRY AND THE BUSINESS COMMITTEE."
KENNER: "Mr. Nichols and the Business Owners Action Committee is handling the actual raising of funds. However, Mr. Petty is AWARE THAT IT'S GOING ON, IS HE NOT?"
COMMENT: IS THAT ILLEGAL? FOR A MAN TO SANCTION THE SOLICITATION OF FUNDS FOR HIS DEFENSE WHEN THE GOVERNMENT HAS STOLEN ALL OF HIS MONEY? WHAT'S THE 6TH AMENDMENT ALL ABOUT?
(V5,P64,L13-25,P65,L1-25,P66,L1-4)
KENNER: "Now, Ms. Garrett, I'm going to direct your attention toward the end of April. Did you receive a call from Mr. Petty advising you that he needed - - he was going to receive a cashier's check from a Mr. Bill Byers?"
GARRETT: "Yes, he did."
KENNER: "And how much was the cashier's check for?"
GARRETT: "I think it was for $5,000."
KENNER: "And did he ask that it be sent to your home?"
GARRETT: "Yes, he did."
KENNER: "And did you receive it at your home?"
GARRETT: "I did."
KENNER: "And then you cashed the check at your bank, is that correct?"
GARRETT: "That's correct."
KENNER: "Would that be Southside Bank?"
GARRETT: "Yes."
KENNER: "And you then gave the cash to Mr. Petty?"
GARRETT: "Yes."
KENNER: "And this was after the freeze of assets in this case, was it not?"
COMMENT: THIS WAS NOT TTN ASSETS - IT WAS REPAYMENT TOWARDS A PERSONAL LOAN!
GARRETT: "Yes."
KENNER: "Ms. Garrett - -"
GARRETT: "I DID CONSULT AN ATTORNEY TO SEE IF THAT WAS OKAY IF I DID THAT."
KENNER: "WHICH ATTORNEY DID YOU CONSULT?"
GARRETT: "I believe it was Dale Long."
KENNER: "And at the time he was representing Mr. Petty, was he not?"
GARRETT: "Uh-huh."
KENNER: "Then you have also consulted the wife of one of the attorneys in our office ABOUT THIS, haven't you?
COMMENT: STILL LEADING WITNESS TO AGREE TO FALSE STATEMENTS AS SHE MISLEADS THE JURY, PLANTING LIES IN THEIR MINDS!
GARRETT: "I'm sorry, what?"
KENNER: "You've also consulted the wife of one of the attorneys in our office about this, haven't you, Martha Mason?"
GARRETT: "No. Oh, consulted with - -"
COMMENT: TRACI JUST SPECIFIED THE CONVERSATION AS RELATED TO THE $5K ! NOW, SINCE SHE DIDN'T GET BY WITH THAT LIE, SHE GENERALIZIES THE CONVERSATION!
KENNER: "You've never spoken about your involvement in TeleCom 2000 with - -"
GARRETT: "Oh, sure, yes, she knew I worked - - yes, she knows I worked there."
KENNER: ". . did you express CONCERNS to her about your legal situation?"
COMMENT: STILL "LEADING" AND "MISLEADING"!
GARRETT: "Oh, I don't know if it was so much concerns. Just - - you know, she and I are very good friends."
REDIRECT EXAMINATION BY MR. SMITH
(V5,P67,L16-25,P68,L1-10&15-25,P69,L1-3)
SMITH: "Is there anything illegal or unlawful about someone being generous?"
GARRETT: "No, sir, there's not. And I WOULD LIKE TO ADD THAT IT WAS, YOU KNOW, A HUNDRED HOURS A WEEK SO THAT WAS MORE THAN I HAD EVER MADE IN A YEAR BUT YET I WAS WORKING LIKE TWO JOBS, SO IT WOULD EQUAL OUT."
SMITH: "And would that have been anything wrong about Mr. Petty in this virtual business that he was going to try to operate out of his home, his new home out there, anything illegal about that?"
GARRETT: "No, sir, I don't believe so."
SMITH: "And were you hoping once he cranked that up that your employment would be continued?"
GARRETT: "Yes, sir."
SMITH: ". . They asked about the businesses and whether you have to perform any activity to get a return on your money. If you buy a CD or open a money market account, do you have to perform any other functions other than placing your money in that to get a return?"
GARRETT: "I don't believe so, no, sir."
SMITH: ". . DID YOU EVER HEAR MR. PETTY OR ANYONE WITH TELECOM 2000 PUSH ANYONE TO RE-INVEST?"
GARRETT: "NO, SIR, NEVER."
SMITH: "IS THERE ANYTHING WRONG WITH BEING A SINGLE FEMALE?"
GARRETT: "WELL, I HOPE NOT BECAUSE I'VE BEEN ONE FOR ABOUT TEN YEARS."
SMITH: "WELL, IS THERE ANYTHING WRONG WITH BEING EMPLOYED AND BEING A SINGLE FEMALE?"
GARRETT: "NO."
SMITH: "AND DO YOU FIND THAT SINGLE FEMALES AND SINGLE MOTHERS NEED TO WORK?"
GARRETT: "VERY MUCH SO, YES, SIR."
COMMENT: THAT'S EXACTLY WHY AL PETTY HIRED THEM! THEY NEEDED TO WORK AND WERE MORE DEPENDABLE THAN EMPLOYEES THAT DID NOT NEED TO WORK, SUCH AS MARRIED WOMEN WHOSE JOB WOULD BE SECONDARY TO THEIR HUSBAND'S JOB!
SMITH: "And is there anything wrong, if you can get a job that pays you well?"
GARRETT: "No."
