(V5,P70,L19,P71,L8-9&20-23,P72,excerpts L2-24)
SMITH: "Call Debbie Weems, Your Honor."
SMITH: "And how long have you lived in Smith County, Texas?"
WEEMS: "About 25 years now."
SMITH: ". . Would you give the jury a brief resume of your work history, please?"
WEEMS: "I was employed as a legal secretary for awhile and then I went to court reporting school and I was a court reporter - -"
WEEMS: ". . I started out as a legal secretary for about three years and I went to court reporting school, got my license in 1981 and I was an official in a courtroom until about 1996, I believe."
SMITH: ". . When did you first become acquainted with Mr. Petty and/or TeleCom 2000?"
WEEMS: "It was September of 2001."
SMITH: "And how did you - - how did you come to know about TeleCom 2000?"
WEEMS: "I was - - I saw an ad in the newspaper about employment."
WEEMS: "I called the number and talked with Mr. Petty and we arranged to interview."
(V5,P73,excerpts L5-25,P74,L1-15,P75,L1-8)
SMITH: ". . And what were your initial duties and responsibilities and what was your initial rate of pay?"
WEEMS: "I don't really recall what I first started out at, maybe eight, nine dollars an hour, and initially it was for customer service."
SMITH: ". . And tell us about your work environment out on the 20 acres when you first started work there."
WEEMS: "It's a single wide mobile home. The living room and part of the kitchen and the two smaller bedrooms were offices."
WEEMS: "Computers in each office."
SMITH: ". . And did it take very long for you to see that this was a rapidly growing business enterprise?"
WEEMS: "No, it did not."
SMITH: ". . And on a day-to-day basis what were your duties and responsibilities?"
WEEMS: "My responsibility was to take the information left by prospects on the - - after they listened to the 14 minute message and put it in a data base."
SMITH: "Okay. And by putting it in a data base, are you talking about in the computer?"
WEEMS: "Yes, sir."
SMITH: ". . did you do that on every new business owner?"
WEEMS: "These were prospective - - these were people that had listened to the 14 minute message, left their name, referrer's name, phone and fax number."
SMITH: "And so all of that information was persevered by TeleCom 2000?"
WEEMS: "Correct."
SMITH: ". . Now, having been there prior to the first year, did you participate in a convention here in Tyler, Texas?"
WEEMS: "Yes, I did."
SMITH: "And at that particular time do you recall how many employees TeleCom 2000 had here in Smith County?"
WEEMS: "I would have to really think about that and put some names to it, but I believe about eight of us or seven."
(V5,P76,P9-11&19-25,P77,L8-17&24-25,P78,L1-17)
SMITH: ". . And did you go to a meeting at the Best Western on that date?"
WEEMS: " Yes, I did."
SMITH: ". . WERE YOU MADE AWARE THAT HE WAS GOING TO STILL OPERATE THE BUSINESS?"
COMMENT: INTENT
WEEMS: "YES, SIR."
SMITH: "AND WERE YOU MADE AWARE THAT HE WAS GOING TO OPERATE THAT BUSINESS FROM HIS NEW HOME AND OFFICES THAT WERE BEING BUILT HERE IN SMITH COUNTY?"
WEEMS: "YES, SIR."
SMITH: ". . part of that document here has been presented here in court that's been given particular attention is a paragraph or sentence that says that you will not discuss or intermingle with the FBI or the IRS or anything else in regard to the inner-workings of TeleCom 2000. Do you recall anything about that?"
WEEMS: "Yes, sir."
SMITH: "OKAY. AND WERE YOU - - DID YOU TAKE THAT TO BE SOME TYPE OF THREAT?"
WEEMS: "NO, SIR."
SMITH: "DID YOU FEEL LIKE YOU WERE BEING BRIBED?"
WEEMS: "NO, SIR, NO."
SMITH: ". . he hand - - Mr. Petty hand out to all of you a copy of that severance package?"
WEEMS: "Yes."
SMITH: "Okay. And there was a place for you to sign it, is that correct?"
WEEMS: "Yes, sir, uh-huh."
SMITH: "Okay. Did you ever sign that document?"
WEEMS: "No, sir."
SMITH: "And even though you did not sign that document, initially were you paid in accordance with Mr. Petty's representations?"
WEEMS: "Yes, sir."
SMITH: "And were you paid up until the time you - - do you understand the funds were frozen?"
WEEMS: "Yes, sir."
SMITH: "And at that point in time he could not continue to pay that, is that correct?"
WEEMS: "That's correct?"
(V5,P79,L1-22,P80,L5-24)
SMITH: "During your employment with TeleCom 2000, was there some type of computer firm that came down from Canada?"
WEEMS: "Yes, sir."
SMITH: "Okay. And what is your understanding of why they came down?"
WEEMS: "To help us catch up."
SMITH: "Okay. So you had quite a back log?"
WEEMS: "Yes, sir."
SMITH: "And the entity in Canada, did they express expertise in that field?"
WEEMS: "Yes, sir."
SMITH: "AND WERE THEY IN FACT ABLE TO - - EVEN ON SITE HERE IN TEXAS, HELP YOU CATCH UP?"
WEEMS: "YES, SIR."
SMITH: ". . DURING THE TIME THAT YOU WERE WITH TELECOM 2000, DID YOU CONTINUALLY UPGRADE THE EQUIPMENT AND PERSONNEL SO THAT YOU COULD KEEP UP WITH THE BUSINESS?'
WEEMS: "YES, SIR."
SMITH: ". . ON A DAY-TO-DAY BASIS WHAT WOULD YOU THINK OR SAY THAT AL PETTY'S PET PEEVE WOULD BE ?"
WEEMS: "FOR US TO BE BEHIND IN THE PHONE CALLS, IN CHECKS GOING OUT, PAY - - AUTOPAY SCHEDULES GOING OUT."
SMITH: ". . DID YOU FEEL ANYTHING WAS ILLEGAL OR UNLAWFUL ABOUT MOVING THE COMPUTERIZED PORTION OF THE BUSINESS OR WHATEVER TO CANADA?"
WEEMS: "NO, SIR."
SMITH: "AND WAS IT YOUR UNDERSTANDING THAT HE WAS GOING TO CONTINUE FROM THE NEW HOME OUT THERE TO ACTUALLY RUN THE BUSINESS?"
WEEMS: "YES, SIR."
SMITH: ". . AND DID YOU HAVE HOPES THAT WHEN HE GOT CRANKED BACK UP THAT YOU WOULD BE ABLE TO GO BACK TO WORK?"
WEEMS: "YES, SIR."
SMITH: "AND IS THAT YOUR SAME WISH TODAY?"
WEEMS: "YES, IT IS."
SMITH: ". . AND AT ANY POINT IN TIME WHILE YOU WERE WORKING FOR MR. PETTY, DID YOU EVER THINK THAT YOU WERE INVOLVED IN SOME TYPE OF UNLAWFUL SCHEME OR BUSINESS?"
WEEMS: "NO, SIR."
SMITH: DID YOU EVER HEAR ANYBODY EXPRESS ANYTHING IN YOUR PRESENCE THAT YOU THOUGHT, WELL, THIS IS SOMETHING CROOKED GOING ON HERE?"
WEEMS: NO, SIR."
CROSS EXAMINATION BY MR. MARCHESSAULT
(V5,P81,L12-22,P83,L9-12,P88,L19-25,P89,L1-2)
MARCHESSAULT: ". . I believe you were also interviewed on June 5th and 6th of this year by Special Agent Jim Hersley and by an investigative analyst with the FBI concerning what you knew about TeleCom 2000. Do you recall that?"
WEEMS: "Yes,"
MARCHESSAULT: "In fact, it was a rather extensive interview. I think it actually lasted over two days, didn't it.?"
WEEMS: "I don't believe it was two full days, no.
MARCHESSAULT: "Well, not two full days, but it actually extended over two days."
WEEMS: "Yes."
MARCHESSAULT: "IF YOU WOULD, PLEASE TELL US THE SOURCES OF INCOME THAT TELECOM 2000 USED TO PAY ITS MEMBERS."
WEEMS: "I WAS NOT PRIVY TO ALL THAT. THAT WASN'T MY RESPONSIBILITY."
MARCHESSAULT: ". . The ladies that worked in the TeleCom 2000 offices, what were their feelings about the arrival of the Canadian consultants and Ms. Wei?"
WEEMS: "THEIR HELP WAS NOT APPRECIATED LIKE IT SHOULD HAVE BEEN BY SOME." COMMENT: (SANDRA HALLEY, VIRGINIA MAYO AND SHAY RHAME - ALL "UN-CONVICTED CRIMINALS!)
MARCHESSAULT: "ACTUALLY IT HAD A FINANCIAL IMPACT ON YOU AND THE OTHER LADIES THAT WORKED THERE, DIDN'T IT. BECAUSE MR. PETTY STOPPED PAYING YOUR BONUSES WHEN THE CANADIANS ARRIVED.
COMMENT: STILL LEADING WITNESSES AND MISLEADING JURY! A FLAT LIE. IF SABRINA HAD NOT HELPED WEEMS, NO ONE WOULD HAVE RECEIVED THEIR "CATCH UP" BONUS WHICH WAS SUBSTANTIAL! Instead of "stopping their Bonuses; IN FACT SABRINA WEI - HER STAFF MADE IT POSSIBLE FOR THEM TO RECEIVE A LARGE BONUS THEY WOULD NOT HAVE RECEIVED WITHOUT FREE ASSISTANCE FROM SABRINA WEI'S CREW!
WEEMS: "HE DIDN'T STOP PAYING OUR BONUSES."
(V5,P91,L8-25,P92,L6-11&19-25,P93,L1-3&19-22,P94,L4-8)
MARCHESSAULT: "OKAY. NOW, IN ADDITION TO YOUR PAY YOU ALSO RECEIVED A CHECK FOR $2,500 FROM MR. PETTY FOR AN ASPHALT DRIVEWAY, IS THAT CORRECT, AT YOUR RESIDENCE?"
COMMENT: "INCREDIBLE PLANTING OF FALSE ASSUMPTIONS CONTINUES!
WEEMS: "NO, THAT'S NOT CORRECT. I RECEIVED A $2,500 CHECK."
MARCHESSAULT: "OKAY. AND WAS IT FOR AN ASPHALT DRIVEWAY AT YOUR RESIDENCE?"
WEEMS: "NO!"
HANNAH: "Let's ask her what it was for first of all."
MARCHESSAULT: "Thank you, Judge."
MARCHESSAULT: "WHAT WAS THAT FOR, MA'AM?"
WEEMS: "IT WAS A DOWN PAYMENT FOR MY JEEP."
MARCHESSAULT: FOR YOUR JEEP, AND WAS THAT CONSIDERED A LOAN, A GIFT?"
WEEMS: "YES, SIR, A LOAN."
MARCHESSAULT: "AND HAVE YOU REPAID IT?"
WEEMS: YES, SIR, I HAVE."
MARCHESSAULT: ". . DID HE COMMENT TO YOU THAT HE DIDN'T WANT TO PUT UP ANY RED FLAGS TO THE GOVERNMENT?"
COMMENT: WOW!
WEEMS: "NO, SIR, HE DIDN'T MAKE THAT COMMENT TO ME."
MARCHESSAULT: "HE NEVER MENTIONED TO YOU THE TERM HE DIDN'T WANT TO SEND A RED FLAG UP?"
WEEMS: "I DON'T RECALL HIM USING THAT, NO."
WEEMS: "I - - I think what - - I recall him having those concerns, but I don't remember today the word red flag being used."
MARCHESSAULT: "So this would have been something that the FBI agents came up with as opposed to you?"
MARCHESSAULT: "Did he also make comments indicating - - and when I say he, did Mr. Petty also make comments indicating that he had a worry or a fear of being investigated?"
COMMENT: MORE FALSE "HEARSAY"!
WEEMS: "I DON'T RECALL HIM USING THE WORD INVESTIGATED."
MARCHESSAULT: "I'M NOT SURE OF THE TERM."
MARCHESSAULT: "DO YOU REMEMBER HAVING - - OR OVERHEARING MR. PETTY SAYING THAT HE WAS AFRAID IF HE DEPOSITED ALL THESE CHECKS THAT WERE IN THE DRAWER IT WOULD THROW UP A RED FLAG?"
COMMENT: WHAT A FARCE! AL PETTY AND WEEMS WERE TOO BUSY FOR SUCH IDLE, NEGATIVE TALK! THEY COULD HAVE RECORDED THE INTERVIEWS AND "PLAYED THE TAPE BACK" - WHICH IS WHAT AL PETTY ALWAYS DID - HIDING NOTHING!
WEEMS: "I DON'T KNOW. I DON'T RECALL TODAY HEARING HIM SAY THAT."
COMMENT: PRIOR TO THEIR INTERVIEWS BY THE FBI, DEBBIE WEEMS, DEBBIE GARRETT AND SALLY BEARDEN ALL PLED WITH THE FBI TO RECORD THE INTERVIEWS. OF COURSE, THE FBI WOULD NOT ALLOW.
SMITH: "YOUR HONOR, JUST BECAUSE THAT'S IN THAT REPORT DOES NOT MEAN THAT SHE SAID IT. THAT IS AN INTERPRETATION BY THE FBI."
COMMENT: ALL 3 GIRLS REQUESTED THEIR INTERVIEWS BE TAPED FOR ACCURACY. THE FBI REFUSED. IF THE FBI WANTED TRUTH, THEY WOULD NOT REFUSED TO RECORD THE INTERVIEWS!
HANNAH: "Well, we've finished - - I think we've got that question answered anyway."
COMMENT: "BUT NOT AS TO WHETHER WEEMS SAID IT OR NOT! THAT WAS THE ISSUE!
(V5,P106,L9-22,P108,L5-7&13-25,P109,L1-25,P110,excerpts L1-22)
MARCHESSAULT: "Now, have you heard Mr. Petty on the conference calls since the April time frame concerning TeleCom 2000?"
WEEMS: "Yes."
MARCHESSAULT: "He still identifies himself as the president and operator of TeleCom 2000, doesn't he?"
COMMENT: AL PETTY NEVER SAID THAT! A FLAT LIE AND GREGG LISTENED TO ENOUGH CALLS TO KNOW THAT!
MARCHESSAULT: ". . IF HE SOLD THE BUSINESS, DO YOU KNOW WHY HE'S STILL OPERATING TELECOM 2000?"
COMMENT: NO ONE WAS "STILL" OPERATING TELECOM2000 - TYPICAL LIE BY MARCHESSAULT!
WEEMS: "MR. PETTY NEVER INTENDED TO NOT BE A PART OF TELECOM 2000."
MARCHESSAULT: "My question is do you know why he is still representing himself to be the president and operator of TeleCom 2000 if he told you he sold the business?"
COMMENT: NEVER SAID "OPERATOR".
WEEMS: "Because he never even intended to not be a part of TeleCom 2000."
COMMENT: WEEMS EVIDENTLY MISSED THE LIE "OPERATOR", AS THE JURY ALSO OBVIOUSLY BOUGHT IT!
REDIRECT EXAMINATION BY MR. SMITH
SMITH: "THE CONSULTING COMPANY FROM CANADA . . ."
SMITH: "WAS IT YOUR IMPRESSION THAT THEY WERE COMPETENT?"
WEEMS: "YES, SIR."
SMITH: "And did they appear to be the type of persons that would in fact charge a lot of money for their services?"
WEEMS: "Yes, sir."
SMITH: "And did you get that impression?"
WEEMS: "Yes."
SMITH: "In lieu of cash, is there anything you can think of that would be illegal about paying off whatever position Ms. Wei has in the organization, paying off in - - with a Pro whatever number rather than writing out a check for cash?"
WEEMS: "NO."
SMITH: "You met with the Federal Bureau of Investigation for a protracted period of time, is that correct?"
WEEMS: "Yes."
SMITH: "And you have - - have you had an opportunity to read what was purported to be in those reports?" (The interviews of the employees by the FBI)
WEEMS: "Yes."
SMITH: "AND WERE THE THINGS SAID IN THOSE REPORTS TOTALLY ACCURATE?"
WEEMS: "NO, SIR."
SMITH: "AS A MATTER OF FACT, DID YOU GO THROUGH THOSE REPORTS AND SAY THAT I WAS MISQUOTED HERE AND I DIDN'T SAY THIS, MAKE A LOT OF CORRECTIONS?"
WEEMS: "YES."
COMMENT: NO WONDER THE FBI WOULD NOT ALLOW THEIR INTERVIEWS TO BE RECORDED!!!
SMITH: "AND THE THINGS THAT HAVE BEEN ALLUDED TO HERE TODAY SO FAR AS INCONSISTENCIES AND WHAT THEY HAVE IN THEIR REPORT AND WHAT WAS ACTUALLY SAID, IS IT YOUR TESTIMONY HERE TODAY THAT A LOT THAT'S IN THAT REPORT WAS NEVER SAID OR IT WAS TAKEN OUT OF CONTEXT?"
WEEMS: "YES."
SMITH: "DO YOU FEEL THREATENED BY THE FEDERAL BUREAU OF INVESTIGATION?"
WEEMS: "SLIGHTLY."
SMITH: ". . AS WE SIT HERE TODAY, IS THERE ANYTHING THAT YOU DID OR ANYTHING THAT YOU OBSERVED WHILE WORKING WITH AL PETTY AND/OR TELECOM 2000 THAT WOULD LEAD YOU TO BELIEVE THAT IT IS SOME TYPE OF UNLAWFUL SCHEME?"
WEEMS: "ABSOLUTELY NOT!"
SMITH: ". . IF WE COULD CRANK UP TOMORROW, WOULD YOU BE READY TO GO TO WORK?"
WEEMS: "I SURE WOULD."
SMITH: "AND WOULD YOU LOOK FORWARD TO THAT?"
WEEMS: "I DO."
SMITH: "In the handwritten note that was alluded to, you actually wrote that, did you not?"
WEEMS: "Yes."
SMITH: "Number six under there in the outline says getting people paid."
SMITH: "And that was a common theme, was it not?"
WEEMS: "Yes."
SMITH: "Getting the people paid?"
WEEMS: "YES, IT WAS. AL OFTEN RANTED AND RAVED ABOUT GETTING THESE PEOPLE PAID."
