(V5,P6,excerpts L11-24)
SMITH: ". . . pull your chair up. ."
COMMENT: IT HAD BEEN MENTIONED NUMEROUS TIMES THAT THE CHAIR WOULD NOT "PULL UP"! J.R.S. WAS NUMB-DUMB!
BEARDEN: "I don't think it moves, does it?"
HANNAH: "It doesn't pull up. You'll just have to slide forward."
SMITH: "Ms. Bearden, will you state your full name for the record?"
BEARDEN: "Sally Ann Bearden."
(V5,P7,L9-15,L20-25,P8,excerpts L1-25,P9,excerpts L1-21)
SMITH: "Would you give us a brief resume of your work history, please?"
BEARDEN: "Sure. I worked six years for attorneys here as a legal secretary and then stayed home to raise my oldest son and then went back to work for Marathon Oil Company for 18 years and I was an engineering technician with them. Then I left there when they shut down here, took a severance package."
SMITH: ". . for what period of time were you employed by TeleCom?"
BEARDEN: "Six weeks."
SMITH: ". . And how did you come to be employed by TeleCom 2000?"
BEARDEN: "I just answered an ad in the local newspaper."
SMITH: ". . And as a result of that ad, did you - - was an interview initiated?"
BEARDEN: "Yes, it was, by Mr. Petty?"
SMITH: ". . would you tell us briefly how that interview went?"
BEARDEN: "It went great. I went out to the office here in Overton and just interviewed with him and met some of the folks out there and then was hired right then and started work the next day."
SMITH: "Okay. And what was your initial rate of pay?"
BEARDEN: "It was $15 an hour, but it fluctuated on how many hours I worked."
SMITH: "Okay. And what was your initial impression of the type of business that you were becoming involved in?"
BEARDEN: "It was a GREAT BUSINESS. WE WERE JUST VERY FAST-PACED."
BEARDEN: "It was - - we worked out of a mobile home was where I officed out of, and it was just - - I mean, we get there and it was non-stop, just - - I mean, everything was just boom, boom, boom. We just got in there and just tried to work as fast AS WE COULD TO GET PEOPLE PAID."
SMITH: "Okay. Were you - - what were your duties specifically?"
BEARDEN: "It was secretarial duties but my main duty was opening the mail every day and getting the mail out and logging in a spreadsheet of who came in the business, who bought a business, how much they - - how much their checks were for and if they had upgraded and how that mail came in, whether it was Airborne Express or Federal Express, and that was all detailed in a spreadsheet I did."
SMITH: ". . did you do that manually by - - making your spreadsheet or did you do it on a computer?"
BEARDEN: "It was on a computer."
SMITH: ". . So all those records were kept on a day-to-day basis?"
BEARDEN: ". . in an Excel spreadsheet."
(V5,P11,L9-25)
SMITH: ". . Now, even during the period of time that you were there did the business seem to expand and snowball?"
BEARDEN: "It was - - it was just overwhelming because there were so many people coming in and buying a business, we could not keep up with this at all. We - - we needed more people. We definitely needed more people to do this job."
SMITH: "Okay. Or - - "
BEARDEN: " Or faster computers, bigger equipment, you know, better equipment. I know Mr. Petty was trying to get, you know, better fax servers, just something - - better automation to help us do our job."
SMITH: "And what was Mr. Petty's primary fetish on a day-to-day basis?"
BEARDEN: "Well, his - - his whole demeanor was I've got to get the people paid, y'all need to work faster, we've got to get this done. He was so concerned about people getting their checks. That was his number one thing every day."
(V5,P12,L14-25,P13,excerpts L1-24)
SMITH: ". . do you recall what you did and what happened on March the 29th, Good Friday?"
BEARDEN: "I was opening the mail and people came in and said we're shutting down, the servers have crashed, y'all go home and have a nice Easter."
SMITH: ". .And did you go home and have a nice Easter?"
BEARDEN: "I did."
SMITH: ". . did y'all get your checks or pay for that week?"
BEARDEN: "We got a check that day for the week. We were paid weekly."
SMITH: ". . And then did something happen on April 2nd?"
BEARDEN: "Yes, we - - all the employees had a meeting at the Best Western and we were notified that, you know, we were going to get a severance package."
SMITH: ". . sort of explain for the jury and describe to the jury how that came about and what happened."
BEARDEN: ". . we were going to be getting a severance package, which I thought was so nice. I had only worked there six weeks and didn't expect anything. I thought that was very generous."
SMITH: "Now, the jury has been shown that document, and a part of that document says it's contingent upon not cooperating or testifying with the FBI or in any civil litigation, is that correct, a part of that piece of paper?"
BEARDEN: "Part of it does say that, right."
SMITH: ". . Did you have the impression personally that you were being bribed or bought off and remaining loyal to Mr. Petty?"
BEARDEN: "No, sir, I didn't think of it as a bribe. I mean, when I left Marathon Oil Company after 18 years I got a severance package and they presented me numerous documents to sign contingent on me getting the severance package, you know, disclosure statements, cannot talk to anybody relating to the oil industry about their proprietary information, so I didn't really think anything about it."
(V5,P14,L3-18)
BEARDEN: ". . We just went on our way and I still got my gratitude pay for a period of time."
SMITH: "And did you in fact until a given period of time continue to get your pay in accordance with the promise that Mr. Petty made to you?"
BEARDEN: "I sure did. I thought that was very good faith on his part. We hadn't even signed the document."
SMITH: "At any time during your employment with TeleCom 2000, did you feel that you were involved in some unlawful scheme?"
BEARDEN: "Oh, not at all, not at all."
SMITH: "And are you looking forward to going back to work for TeleCom 2000?"
BEARDEN: "I'm ready today."
SMITH: "Okay. If the office was cranked up out there, you would go back to work?"
BEARDEN: "Let's go."
CROSS EXAMINATION BY MR. MARCHESSAULT
(V5,P16,L1-6)
MARCHESSAULT: "You're currently an employee of BOAC, is that not true?"
BEARDEN: "That's right."
MARCHESSAULT: "YOU'RE STILL WORKING AT THE TRAILER OUT IN OVERTON BASICALLY FOR MR. PETTY. HOWEVER, YOU'RE BEING PAID BY BOAC."
BEARDEN: "NO, I'M NOT WORKING FOR MR. PETTY. I'M WORKING FOR THE BUSINESS OWNERS ACTION COMMITTEE."
(V5,P17,L3-25,P18,L1-7)
MARCHESSAULT: "Well, he's receiving approximately $1,500 a day in cash from a debit card from them. Are you aware of that?"
COMMENT: A LIE THAT GREGG KNEW WAS A LIE! THE CARD HAD A $300 DAILY MAXIMUM AND AL PETTY USED IT SPARINGLY! (THAT'S A $40,000 A MONTH LIE!)
BEARDEN: "NO, SIR."
COMMENT: AL PETTY ACTUALLY WAS DRAWING LIVING EXPENSES OFF $26K HE DEPOSITED IN THE ACCOUNT THE CARD WAS DRAWN ON!
MARCHESSAULT: ". . Have you been out to his hotel at the Hampton Inn and received $600 in preparation to testify here so you could go out and buy clothes?"
BEARDEN: "Okay. Restate that, please."
MARCHESSAULT: "Did you receive approximately $600 in preparation to testify here so you could buy new clothes, or are you aware that Mr. Petty purchased new clothes to testify here? Excuse me, I'll rephrase that.
BEARDEN: ". . Say that again. You're confusing."
MARCHESSAULT: "To your knowledge, did Mr. Petty receive approximately $600 from BOAC so he could go out and purchase new clothes to testify or to at least be in court here?"
BEARDEN: "He personally gave me $600 to go buy him some clothes."
MARCHESSAULT: "Okay. And where did he get it from?"
BEARDEN: "I do not know."
MARCHESSAULT: "YOU WEREN'T PRESENT WHEN HE TOOK IT OUT OF A SAFE IN HIS ROOM?"
COMMENT: A BLATENT LIE! MARCHESSAULT HAD ABSOLUTELY NO "FOUNDATION" TO SUPPORT HIS DECEPTIVE STATEMENT THAT "AL PETTY HAD A SAFE IN HIS ROOM". THE PROBATION OFFICERS HAD SEARCHED AL PETTY'S HOTEL ROOM SEVERAL TIMES AND MARCHESSAULT KNEW HE WAS LYING WHEN HE SAID "HE TOOK IT OUT OF A SAFE IN HIS ROOM". ANOTHER EXAMPLE OF THE DEPTHS TO WHICH THE PROSECUTION "WALLOWED IN" TO CONVICT AN INNOCENT MAN!
BEARDEN: "No, sir, I'm not aware of that at all."
MARCHESSAULT: "Now, prior to serving as an employee of Mr. Petty, you served as a court reporter, is that right?"
BEARDEN: "THAT'S INCORRECT."
MARCHESSAULT: "You never served as a court reporter?"
BEARDEN: "NO, SIR"
MARCHESSAULT: "I'M MISTAKEN. THANK YOU, MA'AM. Now, you mentioned that while you were employed by TeleCom you received approximately $15 an hour, it that right, ma'am?"
BEARDEN: "It fluctuated, 15 to $20 an hour."
(V5,P18,L17-25,P19,L1-25,P20,L1-11)
MARCHESSAULT: "You mentioned that one of your duties was working on a spreadsheet relating to, I believe, cash and credit card charges relating to TeleCom 2000 business, is that right?"
BEARDEN: "Yes, sir."
MARCHESSAULT: "Was that called the dollar cash log or did it have some other name?"
BEARDEN: "That was dollar cash received."
MARCHESSAULT: ". . If the jury in this case has received in evidence a document called the dollar cash log, would that be the same thing as we're talking about?"
BEARDEN: "I don't know."
MARCHESSAULT: "You don't know the actual term of art that was used?"
BEARDEN: "I know I called it a dollar cash received spreadsheet. I DON'T KNOW IF THAT'S THE SAME THING YOU HAVE."
MARCHESSAULT: "Now, you mentioned that out at TeleCom when you worked there it was very busy."
BEARDEN: "EXTREMELY."
MARCHESSAULT: "Okay. Said a lot of people were calling in, very interested in buying a business, is that right?"
COMMENT: WOW!
BEARDEN: "EXCUSE ME?"
MARCHESSAULT: "You said people were calling in, sending money, doing other things, to purchase a business, is that right?"
BEARDEN: "I DIDN'T RECEIVE ANY CALLS. IS THAT WHAT YOU MEAN?"
MARCHESSAULT: "Well, I'm just trying to get to the point (COMMENT: BY LYING!) that people, according to your testimony, were buying businesses."
COMMENT: THEY DID NOT "BUY BUSINESSES" BY "CALLING IN"!
BEARDEN: "Sure."
MARCHESSAULT: "Is that true?"
BEARDEN: "Sure."
MARCHESSAULT: "What was the business that Mr. Petty was selling at TeleCom 2000?
BEARDEN: "CELL PHONES AND LONG DISTANCE SERVICE AND MARKETING SERVICES, YOU KNOW."
MARCHESSAULT: "Well, we've had testimony here that when a person purchased a business they got their cell phone and long distance for free."
BEARDEN: (Nods in affirmative response).
MARCHESSAULT: "You're not going to make any business - - you're not going to make any money when you're giving away long distance and cell phones for free, are you?"
BEARDEN: "I DON'T KNOW. I MEAN, HE ALSO DID MARKETING."
MARCHESSAULT: "Pretend I'm selling, if you will, long distance and cellular phone service and you come to my store and I give it to you for free. Do you think that I'm making any money on the deal?"
BEARDEN: "I DON'T KNOW WHAT OTHER THINGS YOU HAVE TO BACK THAT UP."
COMMENT: WE DO KNOW THAT TODAY, 3 YEARS AFTER AL PETTY CONCEIVED A METHOD OF MARKETING THAT ENABLED HIM TO "GIVE AWAY" PRODUCT. MOST OF THE CELL PHONE COMPANIES NOW "GIVE AWAY" MAJOR PROPORTIONS OF CELL PHONE AND LONG DISTANCE SERVICE! IS THE GOVERNMENT SHUTING THEM DOWN? ONCE AGAIN, AL PETTY'S TECHNOLOGY WAS FAR AHEAD OF HIS TIME!
(V5,P22,L1-25,P23,L1-9)
MARCHESSAULT: ". . There was also a discussion of the gratuity pay plan and you also mentioned that getting Mr. Petty paid - - excuse me, getting people paid was Mr. Petty's focus. Is that correct?"
BEARDEN: "Talking about the business owners?"
MARCHESSAULT: "Yes."
BEARDEN: "Yes, sir."
MARCHESSAULT: "Okay. Do you remember that portion of the gratuity pay plan - - and I may have a copy here - - in which Mr. Petty said in this gratuity pay plan if during the above gratuity pay period a lawsuit is filed against TeleCom 2000, Al Petty and any other entities of TeleCom 2000 or Al Petty, including the new international company and/or if negative reports are given by any former employee to any TTN member or regulatory agency, such as the FBI, Attorney General's Office, Federal Communications Company, Federal Trade Commission or various state agencies, such as the Texas Work Force Commission or if unemployment is filed during the above gratitude pay period, all gratitude pay checks to all employees will cease immediately. Does that sound accurate from the document that you received from Mr. Petty?"
BEARDEN: "Yes, sir."
MARCHESSAULT: "Does it sound like he's concerned about getting business owners paid or does it sound like he's worried about either getting sued or being prosecuted for his conduct?"
BEARDEN: "Repeat that, please."
MARCHESSAULT: "I would be happy to, ma'am. From what I just read to you, does it sound like he's worried about getting business owners paid, or is he worried about being either sued civilly or prosecuted for what he did?"
BEARDEN: "I BELIEVE HE WAS WANTING TO GET THE BUSINESS STARTED BACK UP SO HE COULD GET THE BUSINESS OWNERS PAID."
MARCHESSAULT: "AND THAT'S WHAT YOU TAKE FROM WHAT I JUST READ?"
COMMENT: ANY HONEST, ETHICAL PERSON WOULD KNOW THAT WAS A FACT AFTER LISTENING TO ALL TESTIMONY BY THOSE ASSOCIATED WITH TELECOM 2000 OPERATION. ONLY A FRAUDULENT, VINDICTIVE PERSON SUCH AS MARCHESSAULT OR KENNER COULD "DRAW A CONCLUSION" SUCH AS MARCHESSAULT'S FALSE ASSUMPTION!
BEARDEN: "Yes, sir."
(V5,P25,L18-25,P26,L1-9)
MARCHESSAULT: ". . The life of a TeleCom 2000 business was six months, isn't that true?"
BEARDEN: "That's right."
MARCHESSAULT: "Are you familiar with any other businesses that when you purchased them they evaporate in six months?"
BEARDEN: "Not that I'm aware of."
MARCHESSAULT: "Does that seem a little odd to you, ma'am, that you buy a business and then it disappears after six months?"
BEARDEN: "Well, YOU'RE ALLOWED TO UPGRADE AND KEEP YOUR BUSINESS GOING."
MARCHESSAULT: "In fact, that's what Mr. Petty wanted, didn't he? He wanted people to keep their money in the program and to upgrade?"
BEARDEN: "HE WANTED THE COMMON PERSON TO BE ABLE TO HAVE FINANCIAL FREEDOM AND DO THINGS THEY NEEDED TO DO FOR THEIR FAMILIES. HE STRESSED THAT DAILY, THAT HE WANTED TO HELP PEOPLE."
(V5,P29,L1-9)
MARCHESSAULT: "Did this not seem to be a good deal to you, 500 to 1300 percent return?"
BEARDEN: "Yes, sir, it did."
MARCHESSAULT: "But you didn't invest?"
BEARDEN: "Having worked there six weeks, I was trying to get some bills paid being a single parent. However, I was actually going to be buying a Pro Five when we shut down. I had filled out my paper work, just had not turned it in."
RE-DIRECT BY MR. SMITH
(V5,P31,L2-17,P32,L1-10)
SMITH: ". . UNTIL THE GOVERNMENT SAID SOMETHING ABOUT MR. PETTY GETTING $1,500 A DAY, HAD YOU HEARD ANYTHING ABOUT THAT?"
BEARDEN: "I'M NOT AWARE WHAT HE GETS PER DAY."
SMITH: ". . And did you feel that there was anything illegal about your severance pay?"
BEARDEN: "Oh, not at all. I was excited to get a severance package."
SMITH: "Now, he talked about shipping the equipment to Canada. That was - - was there an entity in Canada that had been helping make TeleCom 2000 more efficient?"
BEARDEN: "Yes, there was."
SMITH: "Okay. And so shipping the equipment to Canada in and of itself, is there anything unlawful about that?"
BEARDEN: "No, sir. I just looked at it as a branch of our company."
SMITH: "Okay. And even though you didn't sign the severance agreement, you got your money, is that correct?"
BEARDEN: "Part of it, yes, sir, until it ran out."
SMITH: ". . Now, the Government asked you about do you know anything - - an investment or business that lasts only six months. Do you recall them asking you that?"
BEARDEN: "I do."
SMITH: "Do you know what a money market is, a money market account?"
BEARDEN: "Sure."
SMITH: "You can put your money in a money market account for six months, can't you?"
BEARDEN: "That's true, and CD's the same way, now that you mention it."
(V5,P32,L14-25,P33,L1-13)
RECROSS EXAMINATION BY MR. MARCHESSAULT
MARCHESSAULT: "Is a CD and a money market account sold as a business, ma'am."
BEARDEN: "Sold as a business?"
MARCHESSAULT: "Well, yes. Mr. Petty was marketing TeleCom2000 businesses. We just had a discussion of CD's and money markets. Do banks say buy a business or do they say invest your money in a CD when they're trying to get you to invest or give money to them to put in a CD?"
BEARDEN: "You just place your money for a rate of return."
MARCHESSAULT: "But you're not promised that you're buying a business when you buy a CD, are you?
BEARDEN: "You're not buying any kind of business."
MARCHESSAULT: "You're not buying a business, are you?"
BEARDEN: "You're not buying a business, right."
MARCHESSAULT: "You're investing in a CD or you're investing in a money market, isn't that right?"
BEARDEN: "Sure. You're placing your money for a rate of return."
MARCHESSAULT: "Perfect. Thank you. AND THAT'S THE SAME THING THAT WE HAVE IN TELECOM 2000, YOU INVEST YOUR MONEY AND YOU'RE PROMISED 500 TO 1300 PERCENT RETURN."
BEARDEN: "IT'S NOT AN INVESTMENT WITH TELECOM 2000. THEY'RE BUYING A BUSINESS."
MARCHESSAULT: "Oh, okay. If that's what you want to call it."
(V5,P34,L5-15,23,P35,L3-13)
MARCHESSAULT: "And we have a promised pay out to you in the amount of $52,000. Now, how long did you work there?"
BEARDEN: "SIX WEEKS."
MARCHESSAULT: "Did you get $52,000, ma'am?"
BEARDEN: "In that six weeks?"
MARCHESSAULT: "No. Did you get that $52,983.06 as gratuity pay from Mr. Al Petty?"
BEARDEN: "As of today, no, sir."
MARCHESSAULT: "How much have you received?"
BEARDEN: "Oh, wow, I haven't even added it up."
MARCHESSAULT: "Was it over $1,000, ma'am?"
BEARDEN: "I got the $2,037.81 (COMMENT: PER WEEK) for one month."
MARCHESSAULT: "Now, in the event that Mr. Al Petty is acquitted and TeleCom 2000 goes back into business, you fully expect that you'll be paid the remainder of your gratuity pay plan, don't you? Isn't that true?"
BEARDEN: "I HAVE NO IDEA. I'M JUST LOOKING FORWARD TO GOING BACK TO WORK."
MARCHESSAULT: "Because you want to sell more businesses and help Mr. Petty help investors?"
BEARDEN: "Not investors?"
MARCHESSAULT: "Business owners."
BEARDEN: "Right."
