(V5,P161,L19-25,P162,L1-18)
SMITH: "Would you please state your full name for the record, please?"
NADEAU: "My name is Michael Nadeau."
SMITH: "And where do you reside, please?"
NADEAU: "In a town a hundred miles south of St. Louis, Missouri called Perryville."
SMITH: "And when did you arrive here in Tyler, Texas?'
NADEAU: "My first time was last week on Tuesday and I realized I couldn't witness the court proceedings, so I went home and drove back. I left Sunday night and was here yesterday morning."
SMITH: "And how far is that round trip?"
NADEAU: "It's 600 miles one way so 1200 miles round trip."
COMMENT: 2400 mile drive.
SMITH: "And were you - - are you here subject to a subpoena by Al Petty?"
NADEAU: "No, sir. I came of my own free will."
SMITH: ". . Anybody paying for your expenses?"
NADEAU: "No."
SMITH: "Okay. Would you recite for the jury your educational background, please?"
NADEAU: "Well, I graduated from college, Southeast Missouri State University, with an industrial technology degree. After that I worked at a couple of places as an engineer. The company I originally worked for went out of business, so we moved to St. Louis . ."
(V5,P163-165,excerpts L10-25&1-25,L1-8)
NADEAU: ". . even though I had gone to college and got an engineering degree, that type of work wasn't really steady. . .
And so it's been my goal even in high school to find some type of income you could count on, and so we were doing the multi level businesses, me and a friend of mine actually. She got - - you know, she kept me going because I was about to quit the multi level circuit because it just - - you know, I was tired of getting ripped off. And even - - well, I actually never made a whole lot of money at it, if any. But I could see that in that type of business all I was doing was taking advantage of the people that came under me because I knew they weren't going to make any money because I wasn't making any money.
Well, our phone bills were getting so high that I was running us out of business. When Al's company came along and said he would pay the phone bill, we signed up for it. In fact, at that time I was so broke Barbara actually paid the money for me to get in, and of course, then we continued working on the other businesses. But as time went by, of course, they faded away."
SMITH: ". . at what point in time did you find that TeleCom 2000 was unlike those other businesses?"
NADEAU: ". . after a few months of working these other programs and getting my phone service free, you know, it started to impress me and I began telling other people that I was doing business with about TeleCom 2000.
. . January the 1st of year 2001 Al Petty changed the program from what it was when I signed up to what it is today, in which he made several really great improvements to it. And even the people I had gotten into this before had had their phone bills paid, but then when the program changed January the 1st of 2001, people that I signed up after that, including myself, started making checks. And really, the people that I was signing up, they couldn't - - none of them could get a multi level company to work (Amway - Mary Kay - Herbalife), but yet here they are sitting at home and I know they weren't doing anything and they're making money.
. . we didn't really understand how, but it didn't matter because the checks kept coming in. And in one multi level company that I was in I actually recruited about 40 people. Barb Denosky, my friend, she had about 200 people in her organization. They're all gone. None of them made any money. But yet here we have a company, you know, Al Petty's company, you know, our business and people that could sit at home and not doing anything, don't even know how it's run, are getting paid."
(V5,P165,L14-25,P166,L15-25)
NADEAU: ". . it made me realize what was actually wrong with multi level. You know I got to where I - - well, I won't today even promote a multi level company for the simple fact that I don't want to take advantage of people.
You know, most of those multi level companies, even though they have a decent product, they're not - - well, the product is one part but they promote the money that you can make, and that's what they do, they promote how much money you can make selling our product. But yet, I mean, people just constantly come into those programs, you know, work their heart out and then quit. And the longer these places stay in business the more people come in, work their heart out and then quit."
SMITH: ". . DURING THAT TWO YEAR PERIOD WITH AL PETTY, DID HE HONOR ALL OF HIS CONTRACTS?"
NADEAU: "YES, HE DID."
SMITH: ". . DO YOU STILL HAVE COMMISSIONS - - DO YOU STILL HAVE COMMISSIONS OR SOMETHING DUE THAT WERE FROZEN ON APRIL THE 4TH?"
NADEAU: "YES."
SMITH: "Okay. AND IF THIS JURY SEES FIT TO ACQUIT MR. PETTY, DO YOU INTEND TO STAY WITH TELECOM 2000 AS A PROGRAM?"
NADEAU: "YES, I DO, AND IT - - TO THE EXCEPTION OF EVERYTHING ELSE BECAUSE, because I don't feel comfortable promoting ANYTHING ELSE ANYMORE."
CROSS EXAMINATION BY MR. MARCHESSAULT
(V5,P167,L19-25,P168,L1-23)
MARCHESSAULT: "In relation to the investigation resulting in this prosecution, were you interviewed by Special Agents of the FBI on May 17th of this year?"
NADEAU: "That - - yes."
MARCHESSAULT: "I understand that Special Agent Thomas Blades came to Perryville, Missouri where you're a resident of, is that right?"
NADEAU: "Yes, I did talk to an FBI agent."
MARCHESSAULT: "He spoke to you at that point. WOULD IT BE FAIR TO SAY THAT YOU WERE NOT COOPERATIVE?"
NADEAU: "NO, SIR, IT WOULD NOT."
MARCHESSAULT: "PARDON ME?"
NADEAU: "I WAS VERY COOPERATIVE WITH THE GENTLEMAN."
MARCHESSAULT: "IN FACT, DID YOU SAY THAT YOU WOULD NEVER SAY ANYTHING NEGATIVE ABOUT MR. PETTY?"
COMMENT: "Telling the TRUTH" is, to the FBI, so "foreign" that they call it being uncooperative.
NADEAU: "THERE'S NOTHING NEGATIVE TO SAY ABOUT MR. AL PETTY. HE'S - - HE'S CORRECTED ALL THE PROBLEMS THAT THE MULTI LEVEL INDUSTRY HAS AND THAT'S GOING TO BENEFIT THOUSANDS OF PEOPLE."
MARCHESSAULT: "NOW, YOU COMMENTED THAT IN FACT IT WAS THE FBI AND THE FEDERAL GOVERNMENT THAT WAS CAUSING THE PROBLEMS BECAUSE THEY FROZE ALL THE ASSETS."
NADEAU: "YES, SIR, THAT IS THE PROBLEM."
MARCHESSAULT: "SO THE GOVERNMENT WAS AT FAULT?"
NADEAU: "YES, SIR."
MARCHESSAULT: "MR. PETTY HAD DONE NOTHING WRONG?"
NADEAU: "YES, SIR, THAT IS CORRECT."
COMMENT: The truth hurts when you're an "HABITUAL LIAR".
MARCHESSAULT: "AND IN FACT, MR. PETTY WAS INTERESTED ONLY IN MAKING MONEY FOR HIMSELF AND FOR HIS INVESTORS."
NADEAU: "WELL, I DON'T KNOW HOW MUCH MONEY HE WANTS TO MAKE FOR HIMSELF. I THINK HE'S MORE INTERESTED IN MAKING MONEY FOR THE PEOPLE THAT BUY BUSINESSES FROM HIM."
(V5,P173.L1-25,P174,excerpts 1-20,P175,L10-19)
NADEAU: " . . Well, Al Petty, what he's actually done is he's taken a multi level industry and as he looked at it and he solved the problem of why people don't make money. Why you have an organization of people and then more people come in at the bottom and they spend their time, their hearts and everything, then they leave. And this happens time after time. So if you've got an organization of 10,000 people and people are coming in and losing money and leaving, you know, how proud could you be of the money that you're making up here when the people that you're making it from keep coming in and losing? And over time, you know, if you've got 10,000 people here, over time this group of people that came in and lost it going to get bigger and bigger and bigger. And right now the multi level - - the industry standard is if you have 10,000 people over here, there's almost a million people over here. It's a 95 percent failure rate. I didn't want to be involved in that kind of stuff."
HANNAH: "WELL, LET ME - -"
NADEAU: "AND AL PETTY CORRECTED THAT."
HANNAH: "Excuse me. We don't - - I allowed Mr. Nadeau to make that but we're going to have to do this on questions and answers."
MARCHESSAULT: "Is it your impression, Mr. Nadeau, that the TeleCom 2000 business is a multi level marketing business? Is that what you're testifying?"
COMMENT: WOW!
NADEAU: "No. It was and now - - see, THAT'S ANOTHER PROBLEM YOU HAVE. It is something different now."
MARCHESSAULT: "It's not multi level?"
NADEAU: "No."
MARCHESSAULT: "So what you make as an investor or business owner is not tied to someone else's performance?"
NADEAU: "No, sir."
MARCHESSAULT: "You pay your money, you get your return?"
NADEAU: "Well, I buy it - - I buy a business from him."
MARCHESSAULT: "Okay. And you get a guaranteed return."
NADEAU: "Well, IF I BOUGHT A FRANCHISE FROM MCDONALD'S I WOULD DEFINITELY EXPECT TO GET A RETURN."
MARCHESSAULT: "If you would, sir, you pay your money and you get your guaranteed return?"
NADEAU: "Yes, sir."
MARCHESSAULT: ". . the record that I have - - I'll blow this up a little - - reflects that you had referred in 469 people. And I don't want to misstate this. Not that 469 people had signed up but that 469 people had called in for information."
NADEAU: "That's correct."
MARCHESSAULT: ". . you were referred to as the top producer in Missouri. (COMMENT: TELECOM 2000 - NOT "MISSOURI"). You were doing this full time?"
NADEAU: "Well, yeah, I finally found something I can be proud of."
MARCHESSAULT: "Pardon me, sir?"
NADEAU: "I finally found a business I could be proud to promote."
(V5,P178,L2-6)
MARCHESSAULT: ". . And you were at least programmed to be paid $3,625 (COMMENT: FOR EACH). You didn't receive all that, I take it, did you?"
NADEAU: "I was receiving my money pretty regularly - - actually regularly just as clock work, you know, until the shut down on April the 4th."
(V5,P179,L17-25,P180,excerpts L1-25,P181,L1-25)
MARCHESSAULT: "What was the business you were purchasing?"
NADEAU: "Okay. The way I looked at it, he paid my phone bill so he was the agent on the phone service that I paid every month, and he received a commission from that service. And I was more than willing to pay him. See, I've been in construction and I know what it costs to run an office, okay? So when Al said that he's going to run the business for me, you know, he's providing office service or he would take - - you know, these people call in and want information. He would give it to them. He would - -"
COMMENT: MIKE WAS ANSWERING HIS QUESTION! THEN:
MARCHESSAULT: "I hate to interrupt you, . . "
MARCHESSAULT: "Just so I understand, - - "
NADEAU: ". . when I was in business as a carpenter. I used to advertise in the newspaper. I paid them to advertise my business."
MARCHESSAULT: "So he could bring in new investors for you because that was your business, is that right?"
COMMENT: MIKE MADE EVERY EFFORT TO ANSWER THIS QUESTION, IN SPITE OF GREGG AND HANNAH!
NADEAU: "No. I would advertise that Al would do this for people, and then if they wanted to pay him to do it for themselves, they could do it. For instance, if I wanted to buy a laundromat - -"
MARCHESSAULT: "Sir, if we could just - -"
NADEAU: "I have to pay someone to work there - -"
HANNAH: "Excuse me. Answer the questions, Mr. Nadeau, and then you know your lawyer will be able to ask you further questions, or rather Mr. Petty's lawyer will be. But try to answer the questions that are asked."
MARCHESSAULT: "What I'm trying to get at, sir, and I want to be absolutely fair to Mr. Petty and I want the jury to get accurate information."
COMMENT: WHAT A FARCE!
MARCHESSAULT: "You mentioned that you were employing Mr. Petty to provide a service, a marketing service. Is that a fair statement?"
NADEAU: "Yes, I was."
MARCHESSAULT: "And what he was marketing was the selling of this program?"
NADEAU: "Well, that and several other products. I mean - - "
MARCHESSAULT: "Long distance telephone service you mentioned."
NADEAU: "Yes."
MARCHESSAULT: "And also cell telephone."
NADEAU: "Yes."
MARCHESSAULT: ". . I think he also had Mr. Byers out of Georgia selling autodialers. I don't know if he personally sold them but I know that he assisted in the sale of some."
NADEAU: "Yeah, but - - "
COMMENT: INTERRUPTED AGAIN.
(V5,P182,L1-25,P183,L2-11)
MARCHESSAULT: "But those are the three products. Is that a fair statement?"
NADEAU: "Well, you know, I mean, it was like - - you know, the people that worked in his office did the work for me too. You know, if I had a client that needed help - -"
COMMENT: ABSOLUTELY HONEST INTELLIGENT ANSWER!
MARCHESSAULT: "I'm asking you again what was sold? Cell Phone, long distance, autodialers. Anything else?"
NADEAU: "MARKETING SERVICES."
MARCHESSAULT: "His marketing services?"
NADEAU: "Yes, sir."
MARCHESSAULT: "And what he marketed was this program?"
NADEAU: ". . you've got to have - - even a newspaper has offices and have people they pay. When I pay that newspaper to advertise my product, they had to have people that worked there. And when I paid Al to run - - you know, he had this phone service, and in order to have the phone service that he was marketing, he had to have these people do the paperwork. So if they were going to buy the phone service, essentially they're buying it from me, but since I'm letting - - you know, since they're buying it from Al, I'm willing to pay my money to Al so that he can take care of the paper work and do the explanations."
MARCHESSAULT: "And in fact, just to be totally fair - -"
COMMENT: WHAT A CON ARTIST! BEING ANYTHING BUT FAIR! NOTE: AFTER CRITICIZING AL PETTY CONTINUALLY EXPLAINING, (WHAT THERE WAS NO PURPOSE IN EXPLAINING!), WHEN NADEAU QUOTED WHAT AL PETTY TOLD HIM, GREGG CRITICIZED THAT AL DID EXPLAIN!
MARCHESSAULT: "That is what was represented to you at the conferences you attended."
NADEAU: "Yes, sir."
MARCHESSAULT: "That's how the program was explained and you're basically repeating what you were told by Mr. Petty. Is that a fair statement?"
NADEAU: "Well, from the way I looked at - - you know, I looked at this myself."
MARCHESSAULT: "Sir, is that what was represented to you by Mr. Petty?"
NADEAU: "Yes, sir."
(V5,P184-186,excerpts L2-18,L2-25,L1-25,P187,L1,24-25,P188,L1-3)
MARCHESSAULT: "Where did he get the money?"
NADEAU: "Uh - huh. Let me ask - - I'll ask you - - well - -"
MARCHESSAULT: "I'm just asking - -"
HANNAH: "That's a yes, you can tell us, or you tell us you don't know."
COMMENT: "THAT" WAS NOT A "YES"! THAT WAS A DETAILED QUESTION! "WHERE DID HE GET THE MONEY?" IF MIKE HAD SIMPLY SAID "YES", HE WOULD HAVE BEEN -RIGHTLY CALLED - A "NUT". EXP: "WHERE DID HE GET THE MONEY" (A) "YES" - WOW - SUCH PREJUDICE BY THE JUDGE!
NADEAU: "Yes, I do."
MARCHESSAULT: "Please tell me."
MARCHESSAULT: "Sir, where did the money come from?"
SMITH: "YOUR HONOR, AT LEAST HE MUST BE GIVEN SOME OPPORTUNITY TO ANSWER."
HANNAH: "WELL, WE DON'T NEED A BIG PREFACE. DO YOU KNOW WHERE THE MONEY CAME FROM OR DO - -"
NADEAU: "OH, YES, I DO. I - -"
HANNAH: "WELL, TELL US."
HANNAH: "Tell us where the money came from, if you know. If you don't know, tell us."
NADEAU: ". . I can't tell you unless I can explain it because that's how I'm telling you. I mean, I'm not trying to make you mad or anything, but - -"
HANNAH: "Well, you're not making me mad but I just don't understand your answer and I'm afraid the jury doesn't either."
HANNAH: "That's the question: Do you know? Do you know where the money came from? That's what he asked you."
NADEAU: "Well, I would have to say that I do know where the money came from."
HANNAH: "Do you want TO SHARE THAT WITH US IN TEN WORDS OR LESS?"
COMMENT: WHAT A HORRIBLE ABUSE OF POWER! "10 WORDS OR LESS" TO EXPLAIN HOW AL PETTY CUT THE OPERATIONAL AND MARKETING COSTS OF LD AND CELL BY 90% -SOMETHING SO COMPLEX THAT AT&T AND SPRINT - WITH THEIR HUNDREDS OF THOUSANDS OF EMPLOYEES WERE NOT ABLE TO DO - AND THEY ARE NOW IN SERIOUS TROUBLE BECAUSE THEY WAITED TOO LONG TO EMPLOY THE DIGITAL TECHNOLOGY THAT AL PETTY HAD IN 2000!
NADEAU: "I CAN'T - - IT CAN'T BE EXPLAINED IN TEN WORDS OR LESS. I'm SORRY."
HANNAH: "ALL RIGHT. THEN LET'S GO TO ANOTHER QUESTION."
COMMENT: "WE AREN'T REALLY INTERESTED IN AN ANSWER. WE JUST WANT TO CONVICT AL PETTY ASAP SO I CAN GET TO THE DEER LEASE ON TIME!"
MARCHESSAULT: ". . EVAPORATED after six months. Have you ever been in any other business where your business disappears after six months?"
NADEAU: "Well, I would like to explain that too but it takes more than ten words. I'm sorry, you know."
COMMENT: NEVER. A BUSINESS OWNER ALWAYS OWNED THE BUSINESS! THE MARKETING CONTRACT EXPIRED IN 6 MONTHS! AT THE END OF 6 MONTHS YOU COULD PURCHASE ANOTHER BUSINESS AND AL PETTY WOULD MARKET FOR YOU FOR 6 MORE MONTHS. OR YOU COULD ENJOY FREE L.D. AND CELL PHONE SERVICE FOR UP TO 18 MONTHS. LONGER, WHILE YOU EXERCISED YOUR OPTION TO "GET THE TOLL FREE # OUT" AND EARN $3625 FOR EACH BUSINESS THAT WAS SOLD TO PERSONS YOU GOT THE NUMBER TO !!!!
COMMENT: "EVAPORATES", ANOTHER LIE BY THE PROSECUTION AND SUPPORTED BY THE JUDGE TO CONVICT AN INNOCENT MAN!
MARCHESSAULT: "Well, that's the beauty of redirect. Mr. Petty's counsel can always get it out of you, IF THAT'S IMPORTANT.
COMMENT: BUT "INCOMPETENT" J.R.S. DIDN'T "GET IT OUT OF HIM"!
MARCHESSAULT: "You believe that you have identified where the money was coming from, but it's what you came up with as opposed to what you know from Mr. Petty?
NADEAU: "YES, SIR."
MARCHESSAULT: "It's your surmise?"
NADEAU: "YES, SIR."
COMMENT: "BUT WE DON'T WANT TO HEAR YOU OUT !" SO LET ME CHANGE THE SUBJECT.
MARCHESSAULT: "And the deal is that in the event that Mr. Petty is acquitted, your expectation is that he will once again be able to continue the operations of TeleCom 2000 and you will be able to continue to get the money that you have invested?"
NADEAU: "YES."
(V5,P188,L16-25,P189,L1-21,P190,L1-23)
REDIRECT EXAMINATION BY MR. SMITH
COMMENT: (MIKE, AT TIMES, WAS CRYING!)
SMITH: "Why are you emotional?"
NADEAU: "WELL, OF ALL MY EXPERIENCE EVER SINCE I WAS A LITTLE KID, YOU KNOW, AND THEN ONCE I GRADUATED FROM COLLEGE TRYING TO FIND, YOU KNOW, A GOOD STEADY INCOME THAT WAS WORTH DOING, YOU KNOW, I'VE BEEN AN ENGINEER, I'VE BEEN A JOURNEYMAN CARPENTER, I'VE BEEN IN BUSINESS FOR MYSELF. BELIEVE ME, I'VE GIVEN IT A 110 TO 5,000 PERCENT EFFORT WITH THE MULTI LEVEL BUSINESS. AND TO SEE A BUSINESS THAT WILL MAKE LITERALLY ANYBODY MONEY JUST FOR JOINING, IT'S A GOD SEND AND IT - - IT JUST GETS TO ME AT HEART EVERY TIME."
SMITH: "Let me ask you a couple quick questions, Mr. Nadeau. Did you say that you have been a carpenter?"
NADEAU: "Yes, sir."
SMITH: "If you developed a new hammer or some type of equipment, could you market that with TeleCom 2000?"
NADEAU: "I imagine you could, yes."
SMITH: "Or if you wrote a new book, could you market that book in TeleCom 2000?"
NADEAU: "Yes, sir, you could."
SMITH: "Or if you were an attorney, you could advertise, and the larger the base, the more persons that are involved, would you be able to, for little or no cost, market your service or market your goods?"
NADEAU: "Yes, you could."
SMITH: "And you said that you had contributed to Mr. Petty's defense fund?"
NADEAU: "Yes, I had, and I would have liked - -"
SMITH: "Is there anything unlawful about that?"
NADEAU: "No, I don't believe so."
SMITH: "WAS THERE ANYTHING UNLAWFUL ABOUT $14 MILLION BEING DONATED TO BILL CLINTON'S LEGAL DEFENSE FUND?"
COMMENT: NO WONDER THE "CLINTON - APPOINTEE", HANNAH, OBVIOUSLY WANTED TO SEE AL PETTY CONVICTED - GUILTY OR INNOCENT!
RECROSS EXAMINATION BY MR. MARCHESSAULT
MARCHESSAULT: "Sir, you mentioned that this was truly a God send."
COMMENT: OF WHAT "FAITH" IS MARCHESSAULT??
NADEAU: "Yes, sir, it is."
MARCHESSAULT: "And you mentioned you attended the January, 2002 conference in Tyler."
NADEAU: "Yes, I did."
MARCHESSAULT: "Did you attend all sessions?"
NADEAU: "I think I did. Yes, I did."
MARCHESSAULT: "It was a Friday evening session and a Saturday morning session, which was I think Introduction to the Internet and Ticket to the Opportunity. I think that was for the new members, the people that walked in off the street."
NADEAU: "Yes."
MARCHESSAULT: "You attended that?"
NADEAU: "Uh - huh."
MARCHESSAULT: "And then there was the afternoon session, the Teaching the Teachers, and then there was a Sunday morning SESSION which was really a religious service LED BY Reverend Bill Byers.
COMMENT: NEVER ADVERTISED AS A "SESSION". IT WAS A CHURCH SERVICE IN WHICH BILL SPOKE BRIEFLY AND AL PETTY GAVE HIS TESTIMONY IN WORD AND SONG!!!!
NADEAU: "Actually I missed that section."
MARCHESSAULT: "Okay. Saturday morning do you recall hearing Mr. Petty discuss that in fact this was a program that had been inspired by God, that he had been led by God to create this program?"
COMMENT: EVIDENTLY THE PROSECUTION BELIEVES GOD IS IMPOTENT!
NADEAU: "THAT COULD VERY WELL HAVE HAPPENED."
COMMENT: IMPORTANT EVIDENCE OF COUNSEL INEFFICIENCY! J.R. DID NOT GIVE MIKE THE OPPORTUNITY SPOKEN OF BY GREGG AND HANNAH TO EXPLAIN "WHERE THE MONEY CAME FROM"!