(V5,P276,L9-15,19-23)
SMITH: "Mr. Myers, would you please state your full name for the record?"
MYERS: "Keith I. Myers."
SMITH: "Mr. Myers, where do you live?"
MYERS: "Austin, Texas."
SMITH: "And how old a gentleman are you?"
MYERS: "49."
SMITH: ". . ARE YOU UP HERE AS A - - BY VIRTUE OF A SUBPOENA OR ANY - - "
MYERS: "NO, VOLUNTARILY, ON MY OWN TO HELP."
SMITH: "WHY ARE YOU HERE?"
MYERS: "TO HELP GET MY BUSINESS BACK."
(V5,P277,L12-25,P278,L1-10,P279,excerpts L1-18)
SMITH: ". . I'm interested in knowing how you became acquainted with Al Petty and/or the program."
MYERS: "I first learned of it through a Christian newspaper that I subscribe to, and I read about it there. I know that man doesn't put ads in his paper that he doesn't feel are legitimate. And I liked what I read and I called the 14 minute message and was impressed by that but didn't leave my name at that time. Called up the editor of the paper and asked him about it. Got a good, clean slate from that. He had - - he had been - - he purchased a business and was receiving his checks on time.
And so then I called up the message again, left the information, got the ticket to the conference call, listened to about maybe three of those, and decided to purchase a business." SMITH: "SO YOU WENT THROUGH THE SAME REQUIRED PROCEDURE AS EVERYONE ELSE, ALL 3,000 OF THE PERSONS INVOLVED IN TELECOM 2000, IS THAT CORRECT?"
MYERS: "YES, I DID."
SMITH: "AND IS THAT YOUR UNDERSTANDING THAT EVERYONE THAT COMES INTO THE PROGRAM HAS TO GO THROUGH THE SAME PROCEDURES?"
MYERS: "OH YES, SIR. I HEARD MR. PETTY SAY ON A NUMBER OF THE CALLS, PEOPLE THAT GOT ON ACCIDENTALLY AND DIDN'T GO THROUGH THE PROCEDURE, HE WOULD ASK THEM TO GET OFF AND GO THROUGH THE PROCEDURE."
COMMENT: IT CERTAINLY DOES NOT SOUND LIKE AL PETTY WAS TRYING TO BE EVASIVE OR DECEPTIVE. UNLESS HE DESIRED AN UNDERSTANDING OF HIS BUSINESS, WHY WOULD HE HAVE NOT JUST ACCEPTED ANY AND EVERYONE WHO HAD THE MONEY?
SMITH: "Is there anything surreptitious about one having one pin number and one having another pin number?"
MYERS: "Not that I can think."
SMITH: "So that if Mr. Petty wishes to address or somebody else wishes to address - - "
SMITH: "All the background noise and everything is not there?"
MYERS: "Exactly."
SMITH: "Is that correct?"
MYERS: "That's correct."
SMITH: "There's nothing secretive or anything?"
MYERS: "No, no."
(V5,P280,L9-25,P281,L1-23)
SMITH: ". . were you paid exactly in accordance with that contract?"
MYERS: "YES."
SMITH: "Okay. No problems?"
MYERS: "NO PROBLEM WHATSOEVER."
SMITH: ". . AT THE END OF THAT SIX MONTH PROGRAM, DID ANYONE FORCE YOU TO MAKE ANOTHER INVESTMENT OR INCREASE THE NUMBER OF BUSINESSES OR ANYTHING LIKE THAT?"
COMMENT: SO DIFFERENT FROM THE THOUSANDS OF "BUSINESSES" THAT ENCOURAGE - EVEN INSIST - THAT YOU "LEAVE YOUR EARNINGS IN" AND LET THEM ROLL OVER! EVEN IRA'S AND CD'S - INSURANCE AND ON & ON!
MYERS: "NO, BUT I CHOSE TO."
SMITH: "Okay. Because - - "
MYERS: "I GOT PAID EVERYTHING AND MY CONTRACT WAS FULFILLED IN FULL."
SMITH: "AND UP TO AND INCLUDING THE INFAMOUS DAY OF APRIL 4TH, 2002, WERE ALL OF YOUR CHECKS RECEIVED ON TIME?"
MYERS: "YES, THEY WERE."
SMITH: "AND THE PROPER AMOUNT?"
MYERS: "EXACTLY."
SMITH: "No breach of contract?"
MYERS: "None."
SMITH: "No fraud?"
MYERS: "None."
SMITH: "No scheme?"
MYERS: "No."
SMITH: "Just the arms length contract right according to schedule?"
MYERS: "That's right."
SMITH: "AT ANY TIME, MR. MYERS, BEFORE, DURING OR EVEN AS WE SIT HERE TODAY, DO YOU FEEL LIKE YOU PARTICIPATED IN ANY TYPE OF UNLAWFUL SCHEME?"
MYERS: "NOT AT ALL."
SMITH: "DO YOU FEEL LIKE THAT ANY ILLEGALITY HAS OCCURRED AS A RESULT OF YOUR RELATIONSHIP WITH MR. PETTY?"
MYERS: "NOT BY MR. PETTY."
SMITH: "Okay. DO YOU FEEL LIKE THERE'S SOME OTHER ILLEGALITY?"
MYERS: "YEAH, I THINK IT'S ABUSE OF POWER OF THE GOVERNMENT."
SMITH: "Okay. Now, is it your wish and is it your plan subsequent to this trial if the jury acquits Mr. Petty that you're going to continue - -"
MYERS: "I CERTAINLY WILL."
MYERS: "YES, I WILL."
CROSS EXAMINATION BY MS. KENNER
(V5,P282,excerpts L18-25,P283,L1-3,22-25)
KENNER: ". . how do you know Mr. Sloan?"
MYERS: "Through the paper and calling them. I don't know him personally."
KENNER: ". . it's my understanding that Mr. Sloan reported back to you that he had invested and that he was receiving his checks."
MYERS: "NO, HE DIDN'T SAY INVESTED. HE PURCHASED SOME BUSINESSES."
KENNER: "I - - and we probably need to agree on nomenclature here. When I say investment, I do mean purchasing a business in TeleCom 2000."
COMMENT: THEN, UNLESS YOU HAVE A SPEECH OR MENTAL IMPEDIMENT, SAY WHAT YOU "DO MEAN"! HER "IMPEDIMENT" WAS A "MORAL IMPEDIMENT" TO DECEIVE THE JURY!
KENNER: ". . is it a fair statement that on these conference calls Mr. Petty would talk for a spell and then you would hear from other people who had INVESTED?"
MYERS: "I would hear from other people who HAD PURCHASED, yes."
(V5,P284,L10-25,P285,excerpts L1-16)
KENNER: "NOW, WAS THERE ANY DISCUSSION ON THE CONFERENCE CALLS THAT YOU LISTENED INTO BEFORE YOU INVESTED OF HOW MR. PETTY OBTAINED THE REVENUE WITH WHICH TO PAY THE RETURNS THAT HE WAS PAYING THE INVESTORS?"
MYERS: "I DON'T UNDERSTAND THE MATHEMATICS OF THAT, NO, MA'AM, BUT THEN I DON'T UNDERSTAND TAXES EITHER. THAT'S WHY I HIRE A CPA."
KENNER: "Makes perfect sense, but what I was asking you, sir, is did you hear an explanation of how Mr. Petty was able to generate the revenue with which to pay the guaranteed returns?"
COMMENT: HERE IS THE REQUESTED INFORMATION!
MYERS: "I would hear - - yes, I think so. I couldn't quite understand it, you know, the mathematics of it, but I understood that the - - we saved a lot in the marketing costs, which is one of the biggest costs of a company, and by it being a turnkey business, it was all set up to go. It was out sourced so he saves all that money, benefits and building and office space, everything, so - -" INTERRUPTION
COMMENT: WHY DO THESE PROSECUTORS AND JUDGE CONTINUALLY REFUSE TO ALLOW A TRUTHFUL - COMPLETELY HONEST ANSWER TO THEIR QUESTIONS - UNLESS IT'S A LYING GOVERNMENT WITNESS, SUCH AS CUNNINGHAM - WHO WAS ALLOWED UNLIMITED TIME TO LIE!? IT SHOULD BE OBVIOUS TO ANY INTELLIGENT-THINKING JURY THAT TRUTH AND JUSTICE IS NOT THE GOVERNMENT'S OBJECTIVE! CONVICTION IS ALL THAT MATTERS!!
KENNER: "And did you - -"
MYERS: "TO THAT IT MADE SENSE TO ME THAT IT SAVED A LOT OF MONEY THERE."
KENNER: "So you were hearing basically that this was sort of a savings on marketing and savings on overhead. Is that a fair statement?"
COMMENT: LET HIM TALK AND HE'LL TELL YOU!
MYERS: "I WAS PAYING FOR MARKETING, FOR MR. PETTY TO MARKET FOR ME."
KENNER: ". . And did you ever travel to Tyler and actually inspect the TeleCom 2000 Network facilities?"
MYERS: ". . I did travel to the hearings though."
COMMENT: DID SHE - SHE HAD MORE REASONS TO DO SO THAN HIM! NO! SHE NEVER PAID AL PETTY A "CURTESY" OR "CURIOSITY" CALL!
KENNER: "But you never went out to the site in Overton and actually looked at it?"
MYERS: "No."
COMMENT: WHAT DOES THAT HAVE TO DO WITH THE CASE? DO YOU TRAVEL TO WALL STREET?, PRUDENTIAL, STATE FARM AND 1,000'S OF OTHER BUSINESS OF WHICH YOU ARE A PARTICIPANT??
(V5,P286,L8-17,22-25,P287-288,L1-11,24-25,L1-2)
KENNER: ". . YOU REFERRED TO THIS AS A PURCHASE OF A BUSINESS. WHAT WERE YOU REQUIRED TO DO IN CONNECTION WITH YOUR PURCHASE OF THE BUSINESS?"
MYERS: "I DIDN'T HAVE TO DO ANYTHING. I HIRED MR. PETTY TO DO IT ALL."
KENNER: "So contractually all you had to do was pay your money in and then sit back and receive your checks, is that correct?"
MYERS: "I could do that if I wanted to, yes."
KENNER: "You could do that if you wanted to?"
MYERS: "Or, I could also share it with other people, you know."
KENNER: ". . What could you do more?"
MYERS: "I would give the information out for someone to call and go through the procedure I did."
KENNER: "And did you do that?"
MYERS: "No, I didn't." (COMMENT: AT FIRST.)
KENNER: "Why not?"
MYERS: "I wanted to test it. I wanted to see if the contract - - he held up to it, and he did. I WAS JUST READY TO UNTIL YOU CAME INTO, SO, - -"
COMMENT: GOOD PLACE TO INTERRUPT, IF YOU'RE A FEDERAL PROSECUTOR!!
KENNER: "That's where we're going next. As far as the contract that you entered into in August of 2001, it should have paid out probably in January of 2002, is that right?"
COMMENT: SHE NEVER DID "GO" THERE NEXT!
KENNER: "And it did, is that correct?"
MYERS: "It surely did, yes."
KENNER: ". . when you got the second pin number, how did your participating in the conference calls change?"
MYERS: "It didn't. I was just - - had a different pin number. I would speak now and then if - -"
(V5,P290,L10-18)
KENNER: ". . how many checks did you receive on this contract?"
MYERS: "I received one, the Quick Cash."
KENNER: "So that would have been $900 on March 5th?"
MYERS: "Right."
KENNER: ". . if Mr. Petty's acquitted and TeleCom 2000 starts running again, I suspect that you fully expect to receive the balance of the $59,150, is that correct?"
MYERS: "Well, I hope so. If it's worked out, I will be inclined to go with it."
(V5,P292,L5-16)
KENNER: ". . have you been participating in the conference calls held by the BOAC members."
MYERS: "Yes."
KENNER: "Mr. Petty has been on the conference calls, has he not?"
MYERS: "Yes."
KENNER: "And he still represents himself to be the president of TeleCom 2000 Network, is that right?"
MYERS: "He just says this is Al Petty."
COMMENT: PRIOR TO THIS, TRACI ALWAYS SAID AL PETTY INTRODUCED HIMSELF AS PRESIDENT OF AND CURRENTLY OPERATING TELECOM 2000 ANOTHER LIE!
KENNER: "IS HE INTRODUCED AS THE PRESIDENT OF TELECOM 2000?"
MYERS: "I DON'T RECALL THAT. I JUST REMEMBER HIM SAYING THIS IS AL PETTY."
KENNER: "Okay. Fair enough."
COMMENT: IF TRACI HAD EVIDENCE OF HER FORMER ACCUSATIONS, AS ABOVE, WHY DID SHE "BACK DOWN" HERE?
(V5,P292,L17-19&25,P293,L1-6,13-21)
KENNER: ". . were you aware that Mr. Petty was planning to move the business to Canada?"
MYERS: "No."
KENNER: "And would you have invested $10,000 that you put on your CREDIT CARD HAD YOU KNOWN THAT THE BUSINESS WAS GOING TO PACK UP AND MOVE TO CANADA?"
MYERS: "YES, I FEEL IT'S LEGIT, SO - - "
KENNER: "DO YOU THINK IT'S LEGITIMATE NO MATTER WHERE IT GOES AND WHEN?"
COMMENT: WHAT A STUPID QUESTION! ASK THAT OF HUNDREDS OF THOUSANDS OF "AMERICAN - BASED" BUSINESS PARTICIPANTS!
MYERS: "WELL, HE HAS A RIGHT TO GO WHEREVER HE WANTS."
HANNAH: "Ladies and gentlemen of the jury, contrary to what I told you yesterday, I'm not going to keep . . Be prepared to come into the courtroom tomorrow morning at 8:30. There's a possibility we'll finish this week."
COMMENT: WHY DOES HANNAH TELL JURY "POSSIBILITY WE'LL FINISH THIS WEEK" AND TELL DEFENSE, "I HAVE TO BE SOMEWHERE THURSDAY", AS WELL AS STRONGLY SUGGEST TO DEFENSE THAT THEY CUT THEIR "CASE IN CHIEF" - WITNESSES'S - SHORT, LIKE END ASAP ON WED., THEN TELL JURY "WE'LL POSSIBLY FINISH FRIDAY", AND EVEN ASK THEM ABOUT WORKING SATURDAY. WHAT KIND OF A JUDGE IS THIS??
