(V6,P32,L20-24,P33,L6-25,P34,L1-11&17-25,P35,L1-18)
SMITH: "Ms. Bardes, will you please state your full name for the record?"
BARDES: "Priscilla Stewart Bardes."
SMITH: "And where do you reside, please?"
BARDES: ". . in Cincinnati, Ohio."
SMITH: "A BRIEF RESUME of your educational background, please."
COMMENT: JOHN R. WAS TOTALLY INTIMIDATED BY THIS VALUABLE WITNESS AND HATED HER!"
BARDES: ". . I was . . first female graduate of the Culver Academy in Indiana. I went to Arizona State in environmental psychology and environmental design. Did independent studies at the Ranch Hill Lepuerta for environmental wellness in Ticata, Mexico and in the Golden Dwarf Spa in Escondido, California. Spent a year in extensive independent studies in design art of architecture culture in Europe. Continuing education in the financial services arena in real estate."
SMITH: "Would you expand on the financial services aspect, please?"
BARDES: "Okay. Financial services - - came back into - - back into the United States, first got my real estate license with Coldwell-Banker. Then continued in financial services with insurance license, security license became a securities principal."
SMITH: "What does that mean?"
BARDES: "Principal is like the head of E.F. Hutton or Merrill-Lynch. What your primary responsibilities are is to oversee and check everyone's paperwork, every agent's, to make sure they were doing everything right and that they had no unsuitable investment or that they were dealing with their clients. It's a protection for the public."
SMITH: "Okay. In order to obtain that position, do you have to have any explicit training or background?"
BARDES: "Yes, sir, you have a lot of securities law, securities education. You have to have prior licenses in the state, also in insurance annuities. You do continual education, estate planning."
SMITH: "And where did you receive that training?"
BARDES: "In Cincinnati, Ohio."
SMITH: ". . Go ahead with your educational background."
BARDES: ". . Because I have been in the holistic and the wellness field, I have continued with the American College of Holistic Nutrition through an additional MS, BS and am currently writing a PHD DISSERTATION in that arena. That has been something I've been doing ever since no one even knew what the word was. I was teaching it back in the early seventies. I've done a lot of private consultation with people in the arena of business, finance, health.
Someone - - typically I go in and help people that possibly are at the top of their business or CEO''s and they need a friend to talk to because it's very lonely at the top and they might not necessarily be able to have confidence on different areas. It might be their personal life, their health, their finances, and they're not about to talk to their advisors in their own business because it could - - it's kind of personal secrets that they might not want to share, so I come in and do that, yes."SMITH: "In that regard, are you compensated for that type of advice?"
BARDES: "Sometimes I am and sometimes I just do it for friends. I just come in and help - - help out."
SMITH: "Now, with particularity so far as your securities background, you're conversant with certain securities laws and rules and regulations, is that correct?"
BARDES: "Yes, sir."
SMITH: "Okay."
(V6,P36,L2-25,P37,L1-9&13-25,P38,L1-9)
SMITH: ". . Do you have any experience with what we referred to as new (COMMENT: DIGITAL) technology?"
BARDES: "Yes, sir, I do."
SMITH: "What is new technology?"
COMMENT: NO ONE REFERRED TO IT AS "NEW" TECHNOLOGY! J.R. WAS IN WAY OVER HIS HEAD! HE SHOULD HAVE HUMBLED HIMSELF AND UTILIZED PRISCILLA'S EXPERTISE, AS RACE HORSE, (RICHARD HAYNES) DID SO WELL WITH PRISCILLA ON JUNE 12, 2002! HAYNES SPOKE OF HER AS THE "BEST WITNESS HE'D HAD". J.R. THOUGHT "SHE WAS THE WORST"!
KENNER: "Objection, Your Honor. May we approach the bench, please?"
HANNAH: "Yes."
SMITH: "I can rephrase it to say what is your understanding of new technology."
KENNER: "Your Honor, during the June 11th (12th) hearing - -"
HANNAH: "During the what?"
COMMENT: FOLLOWING IS KENNER'S ENVIOUS ATTEMPT TO DISCREDIT PRISCILLA! (WITH RACE HORSE, (RICHARD) HAYNES)
KENNER: "DURING THE JUNE 11TH HEARING BEFORE JUDGE WARD ON A PRELIMINARY INJUNCTION, MS. BARDES WAS OFFERED as some sort of free-flowing expert on new technology, digital, technology, same type of stuff they had coached VINCENT ON. (COMMENT: NO ONE "COACHED" CLENICE. A LIE!) Mr. Smith assured me that she is a fact witness only and she's not listed as an expert. We don't have an expert report. WE DON'T EVEN HAVE A BASIS FOR HER TO GIVE AN EXPERT OPINION."
SMITH: "I'M NOT SAYING THAT SHE'S AN EXPERT. SHE TESTIFIED THAT SHE HAS EXPERIENCE IN SECURITIES AND SECURITIES - - I'M TRYING TO TIE THAT WITH NEW TECHNOLOGY AND WHY SHE WOULD INVEST IN THIS BUSINESS, AND ULTIMATELY, WHY SHE THINKS IT'S A LEGITIMATE BUSINESS. I'M NOT OFFERING HER UP AS AN EXPERT."
HANNAH: "Well, let's see what the questions are and what the answers are."
KENNER: "DO YOU WANT TO TAKE SOME OF THIS UP OUTSIDE THE PRESENCE OF THE JURY?"
COMMENT: WOW! FOR WHAT VALID REASON SHOULD THEY DO THAT?
HANNAH: "PARDON?"
KENNER: "DO YOU WANT TO TAKE SOME OF THIS OUTSIDE THE PRESENCE OF THE JURY?"
HANNAH: "No."
COMMENT: TRACI KNEW THAT BARDES WOULD TELL THE TRUTH AND GREATLY DAMAGE HER DECEPTIVE QUESTIONS: i.e. "WHERE DID THE MONEY COME FROM"?
SMITH: "MS. BARDES, IN ASKING YOU ABOUT EXPERIENCE WITH NEW TECHNOLOGY, I'M NOT ASKING YOU THAT AS AN EXPERT IN THE FIELD OR SOMEONE THAT HAS A PHD OR ANYTHING LIKE THAT. I'M REFERRING SIMPLY TO YOUR EXPERIENCE AND YOUR UNDERSTANDING OF WHAT NEW TECHNOLOGY IS."
BARDES: "Thank you, sir. I understand. Well, TECHNOLOGY IS THE WAY THAT WE LOOK AT THE WORLD AS IT CHANGES. Early experiences in my family, my father had and published the first technical recruiting paper so there would be people all over the country who would want to ply into a technical field and they would deal one on one with my dad. He was the only one - -"
KENNER: "Objection, Your Honor."
COMMENT: "QUALIFYING" RELEVANT ANSWER!
HANNAH: "I SUSTAIN THE OBJECTION."
SMITH: "Okay. We're going to have to - -"
BARDES: "Well, let's go - - all right, in personal experience."
HANNAH: "Let's answer the questions."
BARDES: "I thought sustain, I thought - -"
HANNAH: "Listen to the questions and answer them."
BARDES: "You want me to finish that?"
COMMENT: JUDGE''S HOSTILITY TOWARDS AL PETTY'S INNOCENCE IS FLAGRANTLY DISPLAYED!
HANNAH: "NO, I'LL TELL YOU WHAT TO FINISH, YOU LISTEN TO THE QUESTION AND ANSWER THE QUESTION"
COMMENT: WOW!
(V6,P38,L10-25,P39,L1-25,P40,L1-25,P41,L1-2)
SMITH: "I would like for you to relate for me in simple terms, if you can, this term new technology and then - - okay."
BARDES: "Sure. New technology could be the transistor radio when it first came up. When we were born, we didn't know about F.M. radio. We didn't know about pantyhose or dishwashers or dryers."
SMITH: "When we're talking about new technology then, we're just talking about the development of new technological products and things like that?"
BARDES: "Well, my personal - - the personal experience is that when no one knew what the CD rom was, it was just a glimmer, I presented and designed the CD rom as an ABSTRACT FORM, took it to General Electric as a way - - explained it to all their engineers as a technical concept that they could use to package the entire volumes and volumes and volumes that they would use to engineer their jet engines, that they could literally put it on this little disk, that they couldn't even imagine what it was. And I explained this concept and brought it up to all of them in fascination so they could therefore go overseas, take and carry these little CD rom disks after they understood it, with all the information they could ever want to do with it and go over to foreign locations so they could be able to repair our engines.
COMMENT: JOHN R. RIDICULED HER TO ME AND DID NOT BELIEVE A WORD SHE SAID!
In addition, I did the same thing and designed and presented the whole concept to Kodak of being able to put pictures on a CD rom, and instead of just getting your prints printed out, that they could go to Kodak - - Kodak could have it and people could buy and you could have a CD rom with pictures and this was a mind-boggling situation."COMMENT: JOHN R. SMITH HAD A STAR-WITNESS HERE, BUT WAS TOO ARROGANT AND INTIMIDATED TO UTILIZE HER INTELLIGENCE AND "EXPERIENTIAL KNOWLEDGE"!
SMITH: "Okay."
BARDES: "Yes."
SMITH: "Now, in your experience with the different entities that you've been involved in, did there come a time when you heard of or became familiar with an entity known as TeleCom 2000?"
BARDES: "Yes, sir, I did."
SMITH: ". . And when did you first become involved or hear about TeleCom 2000?"
BARDES: "That would have been in January of 2002."
SMITH: "Okay. This January?"
BARDES: "Yes, sir."
SMITH: "And how did that happen?"
BARDES: "One afternoon I was at home and I just picked up the telephone and all of a sudden a man said I'm the president of TeleCom 2000 and my good friend, Nick Riley, said to give you a call. And he said two cents a minute long distance phone service, and I said to myself two cents a minute long distance phone service, wow, that would really cut my phone bill, that would reduce expenses, so I kept listening."
SMITH: ". . And as a result of that telephone conversation, what happened that you became involved with TeleCom 2000?"
BARDES: "Well, it was Mr. Petty's voice. It was an autodialer call. I did not know Mr. Petty or anyone or Nick Riley, but it was a fascinating conversation that I was listening to and it intrigued me. And as the conversation went on, I started thinking about another friend that I was helping him design a - -"
COMMENT: J.R. DID NOT WANT ANY MORE OF PRISCILLA!
SMITH: "Let me - - what we're talking about is just - -"
BARDES: "Sure, sure. I just listened. At the end of the phone call I left my name and I left my fax number. Well, actually I didn't have a fax at the house at that time. It was down. So I hung up, since I didn't have a fax number, and went back and looked up Kinkos' number and called back and listened to the 14 minutes again and left the information."
SMITH: "So as a result of that, did you become an investor or a business owner in TeleCom 2000?"
BARDES: "Yes, sir, I did."
(V6,P41,L10-25,P42,L1-25,P43,L1-25,P44,L1-25,P45,L1-25,P46,L1-25,P47,L1-9)
SMITH: ". . I just want to ask you about your PERSONAL experience and your PERSONAL knowledge."
BARDES: "Uh-huh."
SMITH: "Not as some type of learned - - or a person that is educationally - - has the educational background, but digital technology?"
BARDES: "Yes, sir. Well, for example, digital technology was that same CD rom. It's a way to - -"
COMMENT: WOW - HERE COMES THE DECEIVER, TRACI!
KENNER: "Objection, Your Honor."
BARDES: "- - to duplicate a message."
KENNER: "He asked if she was familiar with the term."
COMMENT: HE DID NOT ASK THAT! READ LINES 14-16 - SMITH ASKED FOR "PERSONAL EXPERIENCE - KNOWLEDGE, AND PRISCILLA WAS TRYING TO ANSWER JUST THAT!!
HANNAH: "Pardon?"
KENNER: "CAN WE ESTABLISH THAT THIS WITNESS IS FAMILIAR WITH THE TERM FOUNDATION?"
COMMENT: TRACI APPARENTLY SHARED J.R.'S INTIMIDATION OF THIS INTELLIGENT AND BEAUTIFUL WOMAN! THE PREJUDICE WAS SO THICK, YOU COULD "CUT IT WITH A KNIFE"!
HANNAH: "I'm not sure it's not a common term these days, Ms. Kenner, so I'll allow her to answer."
BARDES: "As per typical, like we might know what a CD rom does in duplicating music, the - - it came from musicians. They wanted to duplicate a message. A man could sit there and play the guitar but if he made a record or a disk or something, it could go out and be expanded, which is called REACH. It could get to more people. It could be on the radio. It could play. Everybody's house could have a record.
And that was EARLY DIGITAL TECHNOLOGY. And when it first started getting published and put into terms of business form, it was in 1998. I was in a business meeting in Aruba. It came up. There was a book that was held up as far as the direction the company was going to go, and if we didn't like it, tough. And it was kind of confusing because everybody was there thinking does this means I have to learn how to do e-mail back at that time.And I happened to have remembered the book that the CEO held up, which was called "Unleashing the Killer Application" by Larry Downs and Chunka Mue for digital technologies - - digital strategies for market dominance. And so when I left the convention I happened to have gone to a book store and picked up the book to read it further."SMITH: "DID YOU FIND ANY ANALOGY BETWEEN DIGITAL TECHNOLOGY AND WHAT YOU CAME TO KNOW AS TELECOM 2000?"
BARDES: "YES, SIR, I DID."
SMITH: "WHAT WAS THAT ANALOGY?"
COMMENT: EXCELLENT! The below is an excellent PROPHECY of the current status of AT&T, MCI, etc!
BARDES: "Well, when I first read the book - - and this is 1998 - - I WAS PHENOMENALLY CONCERNED SEEING THAT THERE WAS A FORMULA AND THAT I FELT THAT COMPANIES WERE GOING TO DESTROY THEIR OWN PERSONAL COMPANIES, MEANING AND HURT SHAREHOLDERS, UNDO THEIR DEBTS BECAUSE THEY COULD NOT COMPETE IN THE 21ST CENTURY WITH START-UP COMPANIES THAT DID NOT HAVE DEBT - - HIGH DEBT INFRASTRUCTURE. SO FIRST THEY WOULD HAVE TO TRY TO GO BANKRUPT, (MCI) DESTROY THEIR CREDITORS, DESTROY THEIR SHAREHOLDERS AND THE WEALTH, BREAK DOWN IN ORDER TO RESTART WITH NEW TECHNOLOGY. AND THIS WAS ALMOST A FRIGHTENING REVELATION GOING THROUGH THE LINES TO ME SAYING, OH, MY GOSH, WHO'S GOING TO BELIEVE THIS, WAY FAR BEFORE ENRON. AND AS WE SAW, THAT CONTINUED TO HAPPEN.
At that point, knowing that the company was doing that, I told a few friends and I quietly attempted to disassociate feeling that this was going to happen in the market, and IT MOST CERTAINLY HAS HAPPENED IN THE MARKET.WHEN I FOUND TELECOM 2000 AND I HEARD ABOUT THIS, I STARTED SMILING. I SAID - - AND I CALLED THE SAME FRIEND AND I SAID HERE'S A COMPANY THAT ISN'T GOING TO RUIN ANYBODY. THEY'RE ABLE TO START WITH NEW TIMING BECAUSE OF NEW TECHNOLOGY IN THE MARKETPLACE WITH ALL THE REASONS THAT THEY WANTED YOU TO BREAK DOWN AND DESTROY THE COMPANY, BUT THIS COMPANY WAS STARTING FROM SCRATCH WITH NEW TECHNOLOGY AND NEW FIBEROPTICS AND THEY COULD REACH WITH - - AND HELP EVERYBODY WITHOUT HAVING TO RUIN ANYBODY FIRST. BASICALLY HISTORIC TIMING AND GOODNESS."SMITH: "AND WHAT'S NEW ABOUT THIS CONCEPT OF TELECOM 2000 THAT DIFFERENTIATES IT FROM OTHER ENTITIES?"
BARDES: "WELL, ACTUALLY THERE'S MANY UNIQUE THINGS ABOUT TELECOM 2000. THERE IS A SYNERGY OF ELEMENTS THAT ARE WORKING TOGETHER. ONE - -"
COMMENT: THANK GOD! HE ASKED HER TO EXPLAIN!
SMITH: "WHAT DOES THAT MEAN?"
BARDES: "SYNERGY IS A - - WHEN YOU WORK TOGETHER IN UNISON. SO THERE'S SEVERAL UNIQUE COMPONENTS THAT WORK TOGETHER TO MAKE THE COMPANY SUCCESSFUL AS A WHOLE."
SMITH: "LIKE A GROUP OF PEOPLE GETTING TOGETHER FOR A COMMON GOAL?"
BARDES: "WELL, ABSOLUTELY, THAT'S PART OF IT. THAT'S CALLED BASICALLY AN "ARCHITECTURAL INFRASTRUCTURE" THAT THE INTERNET USES AS WELL TO MAKE - - FORM GROUPS."
COMMENT: A GOOD EXAMPLE OF "WORKING THINGS TOGETHER" IS 'GOOGLE'.
SMITH: "OKAY."
BARDES: "AND WHEN YOU FORM A GROUP THAT HAS A COMMON DENOMINATOR, YOU'VE FORMED EXTREMELY NEW VALUE. IN FACT, THERE'S A NEW ECONOMIC LAW OUT THAT PROVES THAT THERE'S A NEW VALUE. IT'S WHAT - -"
SMITH: "WHAT DOES THAT MEAN, NEW VALUE?"
BARDES: "NEW VALUE MEANS NEW WEALTH, A CREATION OF NEW WEALTH OVER AND ABOVE - - WE'VE HEARD A LOT IN THE COURTROOM ABOUT MONEY JUST CHANGING HANDS. IF MONEY JUST CHANGED HANDS FROM AN OLD PERSON TO A NEW PERSON OR VICE VERSA WITHOUT ANY ACTIVITY OR WITHOUT THE CREATION OF ANY NEW WEALTH OR ANY NEW VALUE, THAT COULD GO UNDER THEIR DESCRIPTION OF AN ILLEGAL ACTIVITY.
COMMENT: GREAT! TELECOM 2000 TRUTHFULLY DEFINED!
IN ANY LEGITIMATE BUSINESS YOU HAVE A CREATION OF NEW WEALTH, A CREATION OF NEW VALUE. AND IF YOU CAN COME UP WITH A COMPANY OR AN ACTIVITY WHERE THE COST OF PRODUCING YOUR PRODUCT IS LESS THAN THE END VALUE OF A PRODUCT, YOU HAVE A LEGITIMATE ACTIVITY. AND WHEN YOU CAN PRODUCE A SERVICE THAT THE COST OF PRODUCING THE SERVICE IS LESS THAN THE END VALUE OF THE SERVICE, YOU HAVE A LEGITIMATE BUSINESS ACTIVITY.NOW, IN TELECOM 2000 THEY HAVE BEEN ABLE TO USE, THROUGH DIGITAL TECHNOLOGIES AND DIGITAL STRATEGIES, A NEW, UNIQUE CONCEPT OF WHICH AL PETTY IS DIGITAL TECHNOLOGY. HE START IT. HE'S ONE OF THE EARLIEST PIONEERS.WHEN YOU COMBINE ALL THESE CONCEPTS AND ALL THESE ELEMENTS, HE CREATES NEW WEALTH AND NEW VALUE IN THE COURSE OF AN ACTIVITY. AND NOT ONLY WITH THE PRODUCTS AND SERVICES THAT HE HAS, EACH OF WHICH IS ADDING UP, AND HE KIND OF GOT SHUT DOWN RIGHT BEFORE YOU'RE ABOUT TO REALLY BE ABLE TO TAKE ADVANTAGE OF ALL THE COMPOUND INTEREST, THE MAGIC COMPOUND INTEREST, HOW ALL THIS GOES AND THE EXPONENTIAL GROWTH. BUT IN ADDITION TO THAT, HE IS FORMING AN EXTREMELY VALUABLE GROWTH NETWORK, ONE OF THE WAY - - "SMITH: "A GROUP OF PEOPLE?"
BARDES: "Please. Yes, a group of people. ONE OF THE WAYS THAT THEY'RE DOING THIS IS THROUGH THE INTERNET. IT ALSO HAPPENS THROUGH PHONE CONFERENCE CALLS OF WHICH MR. PETTY IS TYPICALLY DOING ABOUT NINE HOURS A WEEK WHEN WE WERE UP AND OPERATING, THREE NIGHTS A WEEK. WE WOULD BE ON FOR THREE HOURS A NIGHT AND REALLY LOOKED FORWARD TO IT.
SO THIS IS FORMING A NEW TYPE OF CULTURE, AND THIS IS WHAT'S VERY, VERY VALUABLE IN THIS DAY AND AGE, SO MUCH THAT, THEY'VE MADE A NEW LAW CALLED REED'S LAW AND BASICALLY IT'S EVEN OVER AND ABOVE METCALF'S LAW AND THE VALUE - -"KENNER: "Objection, Your Honor, nonreponsive."
HANNAH: "I'LL SUSTAIN THE OBJECTION."
COMMENT: WOW! HOW RESPONSIVE CAN YOU GET? HANNAH HAS REPEATEDLY, DURING CROSS, STATED THAT DIRECT COULD BE ALLOWED TO GET THE "FULL FACTS". WHY SUSTAIN THIS "FEARFUL - OF - THE - TRUTH" OBJECTION? THE QUESTION WAS HER DEFINITION OF DIGITAL TECHNOLOGY!
SMITH: "Thank you."
SMITH: "NOW, IN REGARD TO THE NEW TECHNOLOGY AND IN REGARD TO TELECOM 2000, DID YOU EVER HAVE A CONCEPT THAT THERE WAS ANYTHING ILLEGITIMATE ABOUT TELECOM 2000?"
BARDES: "ABSOLUTELY NOT, IN NO WAY, ABSOLUTELY NOT. I WOULD NOT BE INVOLVED, and THROUGH ADDITIONAL RESEARCH, THIS IS EVERYTHING RIGHT AND WONDERFUL FOR MYSELF AND FOR OUR COUNTRY."
SMITH: "Okay. AND ARE YOU SATISFIED THAT - - WITH THE RELATIONSHIP WITH THE OTHER PERSONS IN TELECOM 2000?"
BARDES: "Yes."
SMITH: "Okay."
BARDES: "It's been a wonderful experience getting to meet everybody. Excitement - - we've gotten to be friends through voices on the CONFERENCE CALL AND WE HAVE FOUND MORE COMMON DENOMINATORS AND A LOT OF STIMULATION.
SEE, A VALUE OF A GROWTH NETWORK, FOR EXAMPLE - -"COMMENT: INTERRUPTION OF EXACTLY WHAT THE JURY SHOULD HEAR!!
SMITH: "Okay. What we need to do is - - well, I'LL CLOSE (COMMENT: WOW! CLOSE?) with this question: Do you intend, subsequent to this trial, to continue to be involved and be a business owner and be a supporter of TeleCom 2000"
COMMENT: WOW! CLOSE?
BARDES: "YES, SIR, ABSOLUTELY."
SMITH: "Okay. Pass the witness."
CROSS EXAMINATION BY MS. KENNER
(V6,P48,L5-25,P49,L1-25,P50,L1-3&14-25,P51,L1-14)
KENNER: ". . what does your business sell?"
BARDES: "KNOWLEDGE, LIKE AN ATTORNEY."
KENNER: "SO YOU'RE BASICALLY A CONSULTANT?"
BARDES: "YOU COULD SAY THAT."
KENNER: "How much have you worked in the last couple of years?"
BARDES: "Well, I took some time off and I donated some time to a project in the community. You might have heard in the newspapers there was a lot of interracial problems that were going on in our city, which I don't believe that's how our city was. There happened to have been in a particular mixed neighborhood a home that had turned into a crack-prostitution type of house that was causing a lot of trouble, and I went over and probability spent a year redoing the home. I've renovated a lot of personal homes."
KENNER: "Will you - -"
BARDES: "And I was doing mine."
KENNER: "I'm sorry, ma'am. Will you answer - -"
BARDES: "But it was really a gift to the community that we went and spent a long, long time. It was a huge Victorian mansion. We turned it into a masterpiece for the city, and one of the things was with the mayor, and a lot of things showing that we could work together, a black neighborhood. We had different socio-economic people and we were there caring about the neighborhoods in our community to try to do a better public relation, so - -"
COMMENT: TRACI DID NOT WANT A POSITIVE ANSWER TO HER QUESTION! SHE HOPED SHE WOULD INDICATE PRISCILLA WAS A FAILURE! OTHERWISE, WHY WOULD SHE HAVE STOPPED HER?
KENNER: "Very well. You invested when you purchased your Pro One through 20, $20,162.94. Where did you get the money for that investment, ma'am?"
BARDES: "I paid some out of cash and some out of a credit card."
KENNER: "And you received an autopay chart, did you not?"
BARDES: "Yes, I did."
KENNER: "And on that auto pay chart for your investment, you were supposed to receive - -"
KENNER: "I'm sorry, Your Honor."
HANNAH: "She might remember herself."
KENNER: "Do you know how much you were going to receive?"
BARDES: "Approximately 120,000 something."
KENNER: ". . Would it refresh your memory to see your autopay chart?"
BARDES: "I WOULD BE HAPPY TO BUT I THINK THEY'VE SEEN ENOUGH AUTOPAY CHARTS, BUT IF YOU WOULD LIKE TO PUT MINE UP WITH MY NAME ON IT - -"
COMMENT: AND HANNAH WAS COMPLAINING ABOUT "REDUNDANCY" IN THE DEFENSE'S WITNESSES! WHY DID HE ALLOW THE "100TH" AUTO PAY CHART TO BE SHOWN. NONE OF THESE CHARTS, AFTER THE FIRST 10 PROVED A THING!
KENNER: "May we have the screen, Your Honor?"
BARDES: "Would you like me to go to the chair?"
HANNAH: "Yes. Thank you."
KENNER: "Ms. Bardes, is this your autopay chart?"
BARDES: "Yes, it is."
COMMENT: SAME "PARADE-CHARADE" OF REDUNDANCY!, BY PROSECUTION! ALL THAT THIS EMPHASIZES IS THE WAY THE GOVERNMENT VICTIMIZED 3,000 BUSINESS OWNERS.
KENNER: ". . you had a total number of 69 checks that you received for $117,783.62, is that right."
BARDES: "Yes, it is."
KENNER: "How many checks did you actually receive on your investment, ma'am?"
BARDES: "WELL, DUE TO THE TIMING, I DID RECEIVE MY QUICK CASH. IT CAME IN RIGHT ON TIME. I THINK ACTUALLY EARLIER. IT'S USUALLY SEVEN OR TEN DAYS AND I BELIEVE I GOT IT ON DAY NUMBER SIX. I RECEIVED THE $79.95 CHECK, WHICH WAS THE FOLLOWING MONTH, THE FIRST MONTH. THAT'S FOR REIMBURSEMENT FOR LONG DISTANCE BILLS, AND I RECEIVED THAT CHECK. THE FIRST CHECK, OF COURSE, YOU PAY YOURSELF. THAT'S GOING INTO THE SECOND MONTH. I WOULD HAVE received that check for each month. I did receive the $49.99 check. That was for the cell phone reimbursement, being a business owner, and I received a - - the first $950 check but I'm not sure if it was $900 that I got, but again, I haven't looked at them for some time. So I received one of those. . then we had - - as you can see, that was for the time period and then we had the freeze. My next check would have been due 4-3, I GUESS, SO IT'S PROBABLY IN THE UNIVERSE SOMEWHERE."
KENNER: "SO YOU PROBABLY HAVE RECEIVED A TOTAL OF LESS THAN $3,000 RETURN ON YOUR INVESTMENT, IS THAT CORRECT?"
BARDES: "THAT IS CORRECT."
KENNER: ". . so if Mr. Petty is acquitted, you will fully expect to receive the other $114,000?"
BARDES: "Absolutely."
(V6,P52,L6-10&20-25,P53,L1-3&11-25,P54,L1-25,P55,L1-2)
KENNER: "So everything that you knew about TeleCom 2000 had basically come from Mr. Petty and from the business owners you heard on the conference call?"
BARDES: "Correct, AND THE PAST KNOWLEDGE AND WISDOM THAT'S IN MY OWN MIND THAT MADE ME UNDERSTANDING THE COMPANY."
KENNER: ". . you have heard that TeleCom 2000 investments began escalating considerably in October of 2001, did you not?"
BARDES: "SURE. THAT'S A NORMAL PROGRESSIVE CHART."
KENNER: "AND THEY BEGAN RISING RAPIDLY IN 2002, IS THAT CORRECT?"
BARDES: "AND THAT'S HOW IT SHOULD BE."
KENNER: "And you've also learned and you knew from your own chart that most of the payouts for TeleCom 2000 investments came in the fifth and sixth months."
BARDES: "That is correct."
KENNER: "Now, while you were listening on the conference calls - - well, no, I'm sorry. You've heard testimony in court over the last week that Mr. Petty received somewhere between 16 and 17 million from investors from October of 2000 until April, 2002, did you not?"
BARDES: "I saw that on your numbers, yes."
KENNER: ". . SOME OF THESE NUMBERS WERE DRAWN FROM TELECOM 2000 RECORDS, WERE THEY NOT?"
BARDES: "I WOULD HOPE SO."
KENNER: "AND YET, YOU'VE ALSO HEARD TESTIMONY THAT UNDER THE MOST GENEROUS ACCOUNTING METHODS POSSIBLE THAT MR. PETTY ONLY RECEIVED $233,000 IN LEGITIMATE INCOME OVER THE PAST - - THAT SAME TIME PERIOD, IS THAT CORRECT?"
COMMENT: WOW!
BARDES: "THOSE NUMBERS WERE NOT CORRECT. YOU DID PRESENT THOSE AS PART OF YOUR PIE CHART IN YOUR NUMBERS, BUT THOSE NUMBERS WERE NOT CORRECT."
KENNER: "YOU DON'T THINK THOSE NUMBERS WERE CORRECT?"
BARDES: "NO, MA'AM."
KENNER: "Have you done an accounting of TeleCom 2000 books?"
BARDES: "I DID NOT BECAUSE ON THE JUNE HEARING I DIDN'T NEED TO. SPECIAL AGENT HERSLEY TESTIFIED THAT HE HAD REVIEWED ALL OF THE BANK ACCOUNTS AND BANK RECORDS AND FOUND THEM TO MATCH ALL THE COMPUTER RECORDS OF TELECOM 2000 TO HIS SATISFACTION, AND THAT WAS GOOD ENOUGH FOR ME."
KENNER: "So you believe Special Agent Hersley's testimony and you believe that TeleCom 2000 made more or less money than we presented in court?"
BARDES: "I did not believe all of his testimony. Excuse me. But I did believe that he was satisfied with the bank records matching the computer records and that the computer records - - MR. PETTY PUTS EVERYTHING INTO THE COMPUTER. I JUST HAPPEN TO KNOW FROM BEING IN THE COURTROOM THAT WHEN YOU SHOWED THE PIE CHART, FOR EXAMPLE, JUST AN OBSERVATION, YOU DID NOT COUNT THE CELL PHONE PACKAGE THAT WAS $149 THAT MS. SHAWNA OLSEN FROM CC WIRELESS ATTESTED TO, AND THAT YOU SAID YOU DIDN'T WANT HER TO BRING IT UP, BECAUSE I OVERHEARD THAT, AND I NOTICED THAT ALL THOSE FIGURES WERE NOT IN THERE ALONG WITH THE 223, SO IT'S JUST AN OBSERVATION IN THE COURTROOM.z'
KENNER: "I'm going to stop you right here for a moment, ma'am, and we're going to back up a little bit. We're talking about income to TeleCom 2000 from sources other than investors funds."
BARDES: "YES, MA'AM, AND I NOTICED THAT WASN'T ON THERE."
(V6,P56,L7-18&23-25,P57,L1&11-20,P58-59,L25&L1-4)
KENNER: ". . you know that over the life of TeleCom 2000, at least from October of 2001 until April, that Mr. Petty paid out over $8 million to investors, is that correct?"
BARDES: "YES, MR. PETTY HONORS HIS CONTRACTS AND PAYS OUT."
KENNER: "AND HE HAD SCHEDULED PAYMENTS IN FACT OF OVER $30 MILLION, IS THAT CORRECT?"
BARDES: "BASED ON YOUR NUMBERS, YES."
KENNER: "NOT MY NUMBERS BUT NUMBERS FROM GEMISYS, IS THAT RIGHT?"
BARDES: "WELL, AS I WAS LOOKING AT IT, YOU HAD THOSE NUMBERS STRETCHED OUT. YOU KIND OF WENT THROUGH CURRENT NUMBERS AND THEN YOU PUT IT UP TO 2004 AND THEN YOU PUT IT UP TO 2013. THEN YOU HAD 2022, SO - -"
BARDES: "The chart that you had on when the Gemisys gentleman was on was one that went to 2022, and for that particular - -"
HANNAH: "Can you answer the question or not?"
BARDES: "Well, I'm attempting to answer."
KENNER: "Now, after hearing this financial information, you have not heard any information that would indicate that Mr. Petty could have paid the $8 million to investors out of anything other than the 16 to 17 million that he had received from other investors."
BARDES: "NO, MA'AM, I HAVE NOT HEARD ANY TESTIMONY THAT HE COULD NOT BE ABLE TO PAY THAT."
KENNER: "SO YOU THINK MR. PETTY PAID IT FROM SOME OTHER SOURCES?"
BARDES: "HE PAID IT IN THE PAST. YOUR PAST QUESTION WAS IN THE FUTURE."
BARDES: "Well, I have heard testimony that any time somebody wanted to testify that you wanted to cut them off."
KENNER: "You heard testimony about that?"
BARDES: "WELL, SURE. EACH TIME SOMEBODY ATTEMPTED TO EXPLAIN IT, IT'S NOT ANYTHING YOU WANT TO HEAR."
(V6,P59-60,L13-25&L1-3,21-25,P61-62,L1-25&L1-7)
KENNER: ". . you heard that Mr. Petty began having - - holding these cashier's checks in a drawer in the offices of TeleCom 2000 in Overton, did you not?"
BARDES: "IT SOUNDED LIKE A REASONABLE PLACE, TO OPEN YOUR DESK DRAWER AND PUT YOUR CASHIER'S CHECKS, TO ME."
KENNER: ". . you've heard testimony that employees counted out those checks sometime in early March and that they were worth around $3 million, is that correct?"
BARDES: "Mr. Petty's business was growing exponentially, yes."
KENNER: "And you've heard testimony that on March 7th Mr. Petty and his brother placed about $3 million in cashier's checks into safety deposit boxes, is that right?"
BARDES: "That is correct, and I heard testimony in relationship to that at that point that they weren't going to continue putting volumes into the merchant accounts until - - they were switching a segment."
KENNER: ". . you heard testimony that Mr. Petty approached TeleCom 2000 employees on Easter Sunday with a pay plan that was contingent - - well, that gave them a great severance package as long as they would not report Mr. Petty to authorities, isn't that correct?"
BARDES: "AMONGST MANY OTHER THINGS IN A CONTRACT. THAT WAS NOTHING THAT BOTHERED ME. A LOT OF EMPLOYMENT CONTRACTS, YOU DON'T GO BACK AND SLANDER OR LIBEL OR DO TRADE SECRETS OR ANYTHING. IT'S A PRETTY NORMAL SITUATION IN MY OPINION."
KENNER: "Is it your opinion that it's also normal for - - to be requested not to talk to the state AG's office or the FBI or any regulatory agencies?"
BARDES: A LOT OF CONTRACTS DO INCLUDE THINGS LIKE THAT, PARTICULARLY IF THEY WANT TO HAVE ARBITRATION IN A CERTAIN AREA OR IT'S GOING TO BE INTERNAL, YOU'RE GOING TO TRY TO SOLVE YOUR PROBLEMS YOURSELF. THAT'S TYPICAL IN HUMAN RESOURCES IN CONTRACTS NOW, RATHER THAN HAVING LITIGATION AND THINGS OUTSIDE, OR CERTAIN BUSINESSES WANT TO KEEP IT UNDER THEIR CONTROL AND THEIR JURISDICTION, OF COURSE, WITH THE JUDGES AND PROSECUTORS THAT THEY KNOW. THAT'S PRETTY TYPICAL."
KENNER: "And you've also heard Mr. Petty on tape, the taped conversation with Sandra Halley and Ivan Pejovich, saying that he was not returning to Overton, didn't you? He had to leave."
BARDES: "I didn't take - - I didn't take it as that. I think he might have said he was going to have a rest or a couple days off or something. He was never leaving Overton. He was building a house. He was wired. We heard him say $14,000 worth of wiring for his Overton location. In cyberspace you can have an operation here, an operation there. I mean Proctor and Gamble in my city, they just closed down the main Ivorett deal and are going to Canada - -"
HANNAH: "We're not - -"
COMMENT: WOW!
BARDES: "For economic efficiencies."
HANNAH: "Ma'am, we're not involved in Proctor-Gamble in this case."
COMMENT: SUCH HOSTILITY! NEITHER WERE INVOLVED IN ".COMS", EXXON, GM, SOUTHWEST AIRLINES, ETC! BUT CUNNINGHAM "RAILED" ON THESE TOTALLY IRRELEVANT THINGS FOR HOURS!
BARDES: "Well, it's just moving. It was not an issue - - not a problem to me listening to it at all."
(V6,P62,L13-25,P64,L1)
KENNER: "Well, you probably heard - - you heard Mr. Petty discussing that he might actually have to try to continue TeleCom 2000 Network from prison, didn't you?"
BARDES: "I did not hear the word prison come up, so it could have been something, whether a fuzz or taking off, I did not hear that word used, but I'm sure - - I don't have any recall on prison exactly. BUT CONTINUING TELECOM 2000 HAS ALWAYS BEEN THE GOAL AND HIS INTENT. I KNOW THAT."
KENNER: ". . YOU HEARD MR. PETTY ON SOME OF THE OTHER TAPES, PARTICULARLY THE ONES WITH THE CDI OFFICIALS, DISCUSSING PROTECTING HIS MONEY FROM GOVERNMENT SEIZURES AS EARLY AS DECEMBER 1ST OF 2001, IS THAT CORRECT?"
BARDES: "THAT'S PRETTY COMMON THING NOW, JUST BECAUSE, YOU KNOW, IN . . ."
KENNER: "No further questions, Your Honor."
REDIRECT EXAMINATION BY MR. SMITH
(V6,P64,excerpts L4-25,P65,L1-25,P66,L1-9)
SMITH: "Ms. Bardes, Ms. Kenner has referred to and related to future growth and inability for TeleCom 2000 to honor commitments of what she has testified to be approximately $30 million, is that correct?"
SMITH: ". . And have you participated in projections for the income of TeleCom up through September the 2nd of this year?"
BARDES: "Yes, sir, I have."
SMITH: ". . are you familiar with a projected growth of revenues form that was developed in that context?"
BARDES: "Yes, sir."
SMITH: "May I approach the witness, Your Honor?"
SMITH: "I'll hand you what has been marked as Defendant's Exhibit Number Ten and ask if you can identify that document, please."
BARDES: "Yes, sir, I can."
SMITH: "And what is that document?"
BARDES: "IT'S TELECOM 2000 PROJECTED GROWTH OF REVENUES."
SMITH: "AND FOR WHAT PERIOD OF TIME DOES THAT CHART REPRESENT?"
BARDES: "APRIL OF 2000 TO OCTOBER OF 2002."
SMITH: "AND WHAT IS THE PROJECTED GROWTH INCOME?"
KENNER: "OBJECTION, YOUR HONOR. MAY I SEE THIS BEFORE SHE TESTIFIED ABOUT IT?"
HANNAH: "Yes."
SMITH: "Excuse me."
KENNER: "May I take the witness on voir dire for a moment, Your Honor?"
HANNAH: "Yes."
COMMENT: HOW CAN THIS BE, THAT SUPPRESSION OF EVIDENCE IS SANCTIONED IN COURT!
VOIR DIRE EXAMINATION BY MS. KENNER
(V6,P65,L13-25,P66,L1-10&19-21)
KENNER: "Ms. Bardes, did you prepare this chart?"
BARDES: "No, ma'am, I did not. Mr. Petty prepared the chart."
KENNER: "And, Ms. Bardes, are you - - you don't have any kind of accounting background, do you?"
BARDES: "Not as an official accountant but in the course of all the businesses that I've run or have been involved in, of course, you know how to look at numbers and profit and losses, make analyses."
KENNER: "Your Honor, we would object on the fact that she did not prepare this and that she does not have the technical - -"
HANNAH: "Where did the projections come from? It's projections of growth. You're talking about increase in income?"
BARDES: "Yes, sir. It came from Mr. Petty's actual numbers off of his own personal projections that he did for himself off of his - - and he printed it off his computer.
COMMENT: THAT "PROJECTION OF GROWTH" WAS A CONSERVATIVE FORECAST OF FUTURE EARNINGS, BASED ON STANDARD PROCEDURE. KENNER HAD SEEN THAT CHART, THEREFORE SHE KNEW THAT THE CHART'S CONSERVATIVE PROJECTION OF $96,000,000 during the 6 month period was more than 3 TIMES the $30M that was scheduled in AUTOPAY until 2022!
HANNAH: "All right. I sustain - -"
HANNAH: "I sustain the objection."
KENNER: "Thank you."
DIRECT EXAMINATION (CONTINUED) BY MR. SMITH
COMMENT: HERE IS PROOF THAT THE GOVERNMENT KNEW, AND POSSESSED THE $96,000,000 chart! However the conspiracy between HANNAH AND KENNER KEPT THE CHART FROM BEING PRESENTED TO THE JURY, AS IT SHOULD HAVE BEEN!
SMITH: "OKAY. WELL, THAT IS YOUR CHART. THAT WAS A CHART THAT WAS SUPPLIED BY THE GOVERNMENT, YOUR HONOR. Pass the witness, Your Honor."
(V6,P73,L1-20)
KENNER: ". . wanted to note for the record that we were informed that DR. LEHRER IS SIMPLY BEING CALLED AS A REBUTTAL WITNESS, MORE OR LESS, TO OUR EXPERT, DR. CUNNINGHAM. COMMENT: IT IS EXTREMELY OBVIOUS THAT J.R. LIED WHEN HE TOLD THE COURT HE WAS "READY TO PROCEED" IN THE BEGINNING OF THE CASE. TO LIMIT OUR EXPERT WITNESS IN ANY WAY, LEGALLY, WAS AN INSULT TO JUSTICE - HOWEVER, THAT RITUAL WAS MANIFEST BY COUNSEL, GOVERNMENT AND COURT THROUGHOUT THE TRIAL! AND IN THAT REGARD, WE WERE TOLD WE WOULD NOT BE PROVIDED AN EXPERT REPORT. WE HAVE NOT RECEIVED ONE. SO I SIMPLY WANTED TO NOTIFY THE COURT IF HE IS GOING TO GO BEYOND THE SCOPE OF REBUTTING WHATEVER DR. CUNNINGHAM PROVIDED THIS COURT, WE WILL BE MAKING OBJECTIONS."
COMMENT: WOW! THERE WERE NO RESTRICTIONS PLACED ON CUNNINGHAM! WHAT GIVES HERE?
HANNAH: "All right. Do you have - - Mr. Smith, did you have something to add to that?"
SMITH: "Well, Your Honor, he certainly is a rebuttal witness and he has not generated a, quote, report, end quote, in regard to this case. However, he certainly has accumulated materials that he will wish to present in regard to his rebuttal of Dr. Cunningham's testimony."
HANNAH: "Well, obviously some of that would probably be necessary."
SMITH: "Beg your pardon?"
HANNAH: "I said I can see where some of that would probably be necessary."
SMITH: "Yes, Your Honor."
