(V5,P112,L12-25,P113,L1-7)
SMITH: "For the record, will you please state your full name?
SWEARINGIN: "First name is Calvin. My middle initial is V. for Vernon. My last name is Swearingin spelled S-W-E-A-R-I-N-G-I-N."
SMITH: "And where do you reside, sir?"
SWEARINGIN: "At - - in Salem, Oregon."
SMITH: "And when did you arrive here in Tyler?"
SWEARINGIN: "A week ago Sunday."
SMITH: "How did you get here?"
SWEARINGIN: "I flew".
SMITH: "How far is that?"
SWEARINGIN: "Close to 2000 miles, I'm sure."
SMITH: "WERE YOU SUBPOENAED BY AL PETTY OR TELECOM 2000 TO BE HERE?"
SWEARINGIN: "NO, I WAS NOT."
SMITH: "DID AL PETTY PAY FOR YOUR WAY HERE?"
SWEARINGIN: "NO."
SMITH: "PAYING FOR YOUR LODGING?"
SWEARINGIN: "NO."
SMITH: "HAVE YOU AND I HAD AN OPPORTUNITY TO GET TOGETHER AND REHEARSE YOUR TESTIMONY HERE TODAY?"
SWEARINGIN: "NO, WE HAVE NOT."
(V5,P113,L21-25,P114,excerpts L1-8)
SWEARINGIN: "...After I finished with graduate school, I pastored a church for two years, was called into the military as a military chaplain. I served about 14 or 15 years before I was medically evacuated from Vietnam. I had two tours in Vietnam in combat with about a year and a half back in the states between the two tours. And I was medically evacuated in 1970"
SWEARINGIN: "I was medically evacuated with spinal injury. I had two spinal surgeries, 15 months in the hospital, and then was medically discharged."
(V5,P114&115,Excerpts L12-25,L1-3)
SWEARINGIN: "I did teach New Testament in a college level Bible school for a few years. I did - - because I was very weak in the back and most of the time had to be seated. I did real estate, primarily as an investor myself in real estate. I hung my license up there three, four years ago.
SMITH: ". . . . you've had a long work history?"
SWEARINGIN: "Very much go."
SWEARINGIN: "I would say that I really don't believe in retirement. I just look for - - for another job to do."
SWEARINGIN: "I received a phone call, a recorded message, in about July of 2000, and AT THAT TIME he had a MULTI-LEVEL type of program which did not interest me. I think because 95 percent of the people lose money in those multi level programs and only maybe five percent of the real pushers make any money.
(V5,P115,L4-25)
SWEARINGIN Cont.
I was impressed with Al Petty. I was impressed because he seemed to have integrity. He seemed to have a motivation. He seemed to have a drive. There was some purpose about him that just piqued my interest, and so I continued to listen and realized that Al Petty was trying to define a program or develop a program where everyone would be a winner, where everyone would make a profit and there would be no losers."
SMITH: "And that"
SWEARINGIN: "Yes."
SMITH: "And this was back in 2000?"
SWEARINGIN: "July of 2000 is when I became aware of it and I started listening to see what was developing."
SMITH: ". . . . over what period of time did you listen and see what was developing before you decided to that you might want to become a member of the organization?"
SWEARINGIN: "In January of 2001 Al Petty brought out a new type of program in which business opportunities was offered to the people, and it had such an interest for me that I wanted to determine several things. I listened consistently to those conference calls without Al Petty knowing I was there, without anyone else knowing I was there, FOR EIGHT MONTHS ABOUT THE 24th of August of 2001, before I put any money into the program.
(V5,P116,excerpts L2-25)
SWEARINGIN Cont.
During that time I was interested in knowing who Al Petty was as well as the program, and there were several things that I was looking for as I listened and as I determined what kind of a man Al Petty is. I wanted to find out what kind of commitment he had. That was number one. I wanted to determine was he committed to really what he was talking about. Secondly, I wanted to know how dependable a man he was. Is he there for the long haul or IS HE THERE FOR A QUICK BUCK AND LEAVING? Thirdly, I was very interested in his work ethics, how long - - "
SMITH: "What do you mean by that?"
SWEARINGIN: "I mean is he a man that is committed to do the work that's set before him or is he mostly just talk and out having a party. BUT I NEVER FOUND A MAN THAT WORKED LONGER HOURS, MORE DELIBERATE THAN AL PETTY.
I was looking for all these things at the same time, I was extremely interested in his principles of honesty and truthfulness, and I FOUND HIM TO BE A VERY HONEST MAN AND WHAT HE SAID PROVED TO BE ACCURATE.
I think the last thing was the integrity. Were these things that he was talking
about, were they being carried out, that kind of integrity.
(V5,P117,excerpts L2-25) (V5, P118,excerpts L1-25,P119,L1-7)
SWEARINGIN Cont.
NOW, ONCE I DETERMINED THAT ABOUT AL PETTY OVER THE MONTHS, I LOOKED AT THE PROGRAM. I wanted to know how solid it was, what kind of foundation it had. And then secondly, I wanted to know if it was doing what it was supposed to do. So I listened to everyone that was on that phone call conference with Al Petty....I DID NOT HEAR ANY COMPLAINTS, BUT I HEARD EVERY CONFERENCE CALL, THREE TIMES A WEEK. People saying I received checks, I received checks, I cashed them. And when I determined after eight months in this new program that this thing was real, THEN I PUT MY MONEY INTO IT."
SMITH: ". . about when did you first put your money into it?"
SWEARINGIN: "I think it was August the 24th of 2001."
SMITH: ". . have you been a participant in the program ever since?"
SWEARINGIN: "Correct. I came in buying 15 business centers and then about two months later, I think about October the 23rd, I purchased another 16 business centers."
SWEARINGIN: . . . "Understand, I don't know what has been testified to, but I can say they were a six month program so that when a person went in, he completely accomplished everything the contract called for in six months."
SMITH: "....this wasn't some perpetual type operation where it would last for a year, five years or ten years?"
SWEARINGIN: "No."
SMITH "Your contract was with TeleCom 2000 for six months?"
SWEARINGIN: "Correct."
SMITH: "..at the end of six months you could take your money and run or you could re-invest?"
SWEARINGIN: "SIR, I WOULD - - I WOULD MENTION THAT IF YOU TOOK YOUR MONEY AND RUN, NO ONE WAS CHASING YOU. NO ONE WAS TRYING TO GET IT BACK. IT WAS YOUR MONEY."
SMITH: "Okay. NOBODY DOING A SALES JOB, TAKE THAT MONEY AND THEN. . ."
SWEARINGIN: "That's right."
SMITH: ". . IN EACH OF THE CONTRACTS THAT YOU ENTERED INTO WITH TELECOM 2000, HAS TELECOM 2000 AND MR. AL PETTY FULFILLED EACH AND EVERY TERM OF EACH AND EVERY CONTRACT?"
SWEARINGIN: "NO EXCEPTION. EVERY CONTRACT HAS BEEN FULFILLED. EVERY PAYMENT HAS BEEN MADE. IT WAS PUT INTO AN AUTOPAY SYSTEM AND USUALLY MY CHECK CAME TWO DAYS BEFORE IT WAS SUPPOSED TO BE THERE. I RECEIVED THOSE CHECKS CONSISTENTLY UNTIL THE GOVERNMENT CAME IN AND FROZE MY MONEY."
SMITH: "Do you still have contracts that are on hold, so to speak?"
SWEARINGIN: "Correct. Not only that, but because the checks were on automatic pay, I received checks for two or three weeks after the funds were frozen. I couldn't cash them, but I had them and I've still got them and I'm going to cash them WHEN THE GOVERNMENT GIVES US BACK OUR BUSINESS."
CROSS EXAMINATION OF SWEARINGIN BY MS. KENNER
(V5, P120, L5-25)
SWEARINGIN: "In my undergraduate study we got some introduction into business. I did not major in business, but the school I attended did have a business school and ministers were encouraged and part of their curriculum was to take a few cases - - excuse me, a few courses in that area so that they could manage funds and direct the funds of the church."
KENNER: "So your business experience is directed toward church funds?"
SWEARINGIN: "At that time, yes."
KENNER: ". .HAVE YOU EVER HEARD OF A SITUATION IN WHICH ONE CHURCH WOULD ACCEPT A DONATION FROM AN ENTITY AND THEN WOULD IN TURN DONATE IT TO ANOTHER - - DONATE 97 AND A HALF PERCENT OF THAT TO ANOTHER MINISTRY?"
SWEARINGIN: "YES, I HAVE."
KENNER: "EXPLAIN THAT TO US, SIR."
SWEARINGIN: "I HAVE KNOWN SOME CHARITABLE ORGANIZATIONS THAT ARE SET UP PRIMARILY TO HELP OTHER CHARITABLE ORGANIZATIONS AND THAT'S THEIR PURPOSE. I HAVE KNOWN OF A FEW CASES IN WHICH SOME CHURCHES HAVE GIVEN FUNDS TO OTHER CHURCHES TO GET THEM STARTED, TO HELP TO BUILD THEM, TO MAYBE HELP THEM WITH THEIR DEBT. YES, I'VE HEARD OF THAT A NUMBER OF TIMES."
(V5,P121,L1-21)
KENNER: ". . when these churches give to ministries or to other churches, there's an expectation that those funds will be used for ministry work, is that not correct?"
SWEARINGIN: "There are times when a gift is given with stipulations, but there are many other times when it is given and there's no strings attached.
KENNER: "No strings attached, and yet, it would not be considered a donation if it were not for a ministerial purpose, is that correct?"
SWEARINGIN: "If it is a church giving to a church. They may give the funds and say to that church, use it as it's needed. Or they may give it to it and say this is for your building program and then it's required to be used for that purpose."
KENNER: "But it would be for religious purposes?
SWEARINGIN: "Sometimes it's given for benevolence, not necessarily religious."
KENNER: "And benevolence, if I'm correct, would be to give to the needy."
SWEARINGIN: "Yes, perhaps that would be a definition of it."
KENNER: "Or to use for some sort of philanthropic purpose?"
SWEARINGIN: "Humanitarian need."
(V5,P122,excerpts L5-25)
SWEARINGIN: "....We just all together decided that we wanted to be a part of seeing this thing through."
KENNER: "And part of seeing this thing through was financing Mr. Petty's legal defense is that correct?"
SWEARINGIN: "Yes, absolutely."
KENNER: "And have you donated to the legal defense fund?"
SWEARINGIN: "Yes, I have."
KENNER: "You don't expect to receive any future businesses on behalf - - from BOAC?"
SWEARINGIN: "That's not altogether true. If I recall, in the early days when we donated, we were told that if and when TeleCom 2000 would be up and going, that there would be other members. As they received their funds, would purchase for those people a business site, but the - - I was not promised that I was doing this to get something back."
(V5,P123,L4-25)
SWEARINGIN: "LET ME PUT IT THIS WAY; I DID NOT GIVE TO THE DEFENSE OF AL PETTY FOR THE PURPOSE OF GETTING SOMETHING IN RETURN. I GAVE TO AL PETTY'S DEFENSE FOR SOMETHING THAT I FELT WAS RIGHT, SOMETHING THAT I FELT NEEDED TO BE DONE, AND IF SOMETHING COMES OUT OF THAT, I WILL REJOICE IN THE FUTURE, BUT IF SOMETHING DOES NOT COME OUT OF THAT, I STILL WILL HAVE COMMITTED MY MONEY."
KENNER: "I UNDERSTAND, SIRE. YOU MENTIONED THAT MR. PETTY HAD NOT PAID FOR YOUR AIRFARE OR LODGING."
SWEARINGIN: "THAT'S CORRECT."
KENNER: "NOW, IS BOAC PAYING? AND BY BOAC I MEAN THE BUSINESS OWNERS ACTION COMMITTEE."
SWEARINGIN: "NO. MY CREDIT CARD IS PAYING FOR IT."
KENNER: ". . . You mentioned a few moments ago in your direct examination that 95 percent of the people lose money in multi level marketing."
SWEARINGIN: "That's - - - that's my personal opinion. People that I have talked to, it just - - it just seems like there's a few hot aggressive marketers that seem to build a large down line and they get funds, but the majority of the people in the down line do not get funds."
KENNER: "And have you invested in MLM programs?"
(V5,P124,excerpts L1-20)
SWEARINGIN: "Yes, some."
KENNER: "How many?"
SWEARINGIN: "Probably a half a dozen."
KENNER: "And have you made or lost money overall in your investments in multi level marketing?"
SWEARINGIN: "I HAVE LOST MONEY IN EVERYONE OF THEM, A HUNDRED PERCENT."
KENNER: ". . do you have an estimate of how much money you've lost in multi level marketing programs?"
SWEARINGIN: "I WOULD SAY SOMEWHERE ABOVE 50,000 AND LESS THAN A HUNDRED THOUSAND."
KENNER: ". . . when you began listening to Mr. Petty in July of 2000, you didn't invest initially because you were afraid this was another multi level marketing program, is that correct?"
SWEARINGIN: "I think that's correct. . . . There was something about Al Petty's voice, something about what he said that piqued my interest that I wanted to listen again to - - - before I made a determination."
(V5,P125-126,L1-4,17-19,1-6)
SWEARINGIN: ". . . HE INDICATED HIS DESIRE, HIS DRIVE, TO DEVELOP A PROGRAM WHERE NO ONE WOULD LOSE AND EVERY PERSON WOULD BE ABLE TO GET THEIR MONEY AND MAKE A PROFIT."
SWEARINGIN: "In addition to his commitment, his determination and his work ethics. All of those things I was seeking to find out about him."
SWEARINGIN: ". . . many of those people had been down here and had met him and they were making comments about that."
KENNER: "That's what they were saying on the conference calls though?"
SWEARINGIN: "Yes, after they met him, after they had got acquainted with him."
(V5,P126-127,L23-25,L1-23)
KENNER: ". . . Now, in listening to the conference calls and in your discussions with Mr. Petty, would you say that he is an individual that has a lot of charisma?"
SWEARINGIN: "Having never met him, charisma to me is an image that he conveys in person. All I do know is that THE WORDS THAT HE SPOKE, THE SENSE OF DETERMINATION, THAT SENSE OF CONTINUALLY WORKING DAY AND NIGHT. I WASN'T AWARE OF THE CHARISMA ASPECT. I WAS ONLY AWARE OF THOSE OTHER PRINCIPLES."
KENNER: "But there was something about his voice that had a personal magnetism that - - "
SWEARINGIN: "No, I don't think so. I don't think it was that magnetism. It wasn't the voice. I think it was - - WHAT I WAS LISTENING TO WAS WHAT HE WAS SAYING, HOW HONEST THAT WAS AND COULD I HAVE OTHER WITNESSES THAT COULD PROVE THAT HONESTY, could prove those work ethics, and it wasn't his voice that pulled me in, it wasn't some tone that I was drawn to. I was looking for character of life. I WANTED TO SEE WHAT KIND OF CHARACTER FIBERS WAS IN THIS MAN'S LIFE."
KENNER: "And what you were hearing from Mr. Petty appealed to you, your sense of character, is that correct?"
SWEARINGIN: "I don't think the word 'appeal' is really the word that would be correct. I think that I was looking for a business that I could buy into or I could become a part of that had people that had a standard that I could not only agree with but one that I could whole-heartedly support, and that's what made the decision for me."
(V5,P128-129,L7-25,L1,22-25)
KENNER: ". . .you purchased Pro businesses One through 15?"
SWEARINGIN: "Right."
KENNER: "What was your understanding - - you had stated in your direct testimony that you accomplished everything that the contract called for you within your six months."
SWEARINGIN: "Correct."
KENNER: "What did the contract call for you to do?"
SWEARINGIN: "For me to do?"
KENNER: "Yes, sir."
SWEARINGIN: "Well, in there it - - I HAD TO MAKE A DECISION, WOULD I HIRE TELECOM 2000 TO BE MY MARKETING AGENT AND WOULD I BE ABLE TO USE THEIR DATA BASE. IN OTHER WORDS - - "
HANNAH: "EXCUSE ME. I THINK THE QUESTION WAS WHAT DID IT REQUIRE YOU TO DO. IS THAT YOUR QUESTION?"
COMMENT: WOW!
KENNER: "That is my question, your Honor."
SWEARINGIN: "I thought I was answering that, sir, but I - - "
HANNAH: "IF YOU WERE, I WAS MISSING YOU."
SWEARINGIN: "OKAY. I WAS JUST SIMPLY SAYING IT REQUIRED ME TO EITHER GO OUT AND DO THE WORK MYSELF, WHICH I WAS NOT GOING TO DO, OR I COULD HAVE A TURNKEY OPERATION."
KENNER: "I'm just asking right now what that contract required you to do."
SWEARINGIN: "It did not require me to do any performance. IT DID REQUIRE TELECOM 2000 THAT I HAD HIRED TO DO SOME PERFORMANCE."
(V5,P131,excerpts L7-25, P132,excerpts L1-25)
KENNER: ". . you received $54,159.89 in the month of February pursuant to this contract, is that correct?"
SWEARINGIN: "I think that was correct. Sometimes your six month breaks into part of one calendar month and part of another calendar month, but in the sixth month of that contract that would be correct."
KENNER: ". . for your purchase of the Pro One through 15 did you receive a total of 92 checks?"
SWEARINGIN: "I didn't count them, but I received that amount of money."
KENNER: "Would that seem about right?"
SWEARINGIN: "Yes."
KENNER: ". . you received a total of 92 checks for an amount of $89,862.47?"
SWEARINGIN: "Yes."
KENNER: ". . .that shows your total cost here as 17,000 - - 15,759.83."
SWEARINGIN: "Correct."
KENNER: ". from August until February you made a total of $74,102.64.
SWEARINGIN: "Correct."
KENNER: "And I suspect that this made you very, very happy."
SWEARINGIN: "ALL THE WAY TO THE BANK."
KENNER: "Now, you were obviously pleased with the performance of TeleCom 2000."
SWEARINGIN: "Correct."
KENNER: "And you were receiving what you had been promised?"
SWEARINGIN: "Correct."
(V5,P133,L1-25, P134,L1-4)
KENNER: ". . you mentioned a few moments ago that you had an opportunity to do other things pursuant to your agreement with TeleCom 2000."
SWEARINGIN: "Correct."
KENNER: ". . one of those things was to encourage other people to join, is that correct?"
SWEARINGIN: "I wouldn't use the word encouragement. I think that every person has to make a decision for themselves, but I did have the opportunity to share my testimony about what was happening, and if they were interested. I could give them a phone number they could call and they could start checking for themselves.
I did have the opportunity to - - I had the opportunity, I did not choose it, but I had the opportunity to send out faxes to people if I chose to do so, and I had an opportunity to purchase an automatic dialer and telephone people and tell them. I did not do that either."KENNER: "Okay."
SWEARINGIN: "Not at this time."
KENNER: "But you did exercise your opportunity to tell other people about the product."
SWEARINGIN: "Oh, yes. I was not ashamed of the - - of the bank account."
KENNER: ". how many people did - - how many people that you told about the program invested?"
SWEARINGIN: "I think there's four people that came in with their money. I think there was a fifth one that sent their money in at the time that the Government froze the funds, AND SO THE GOVERNMENT GOT THEIR CASHIER'S CHECK AND THEY NEVER DID BECOME A PART OF IT."
KENNER: ". . we'll talk about that in a moment, sir. . . "
(V5,P134,L14-25,P135,L1-6,13-25)
KENNER: ". . for each person that you brought in to TeleCom 2000, you received a payment of $3,625?"
SWEARINGIN: "For each person I brought in I have an autopay set up that if it completed, I would receive that amount of money."
KENNER: ". .so you would receive checks pursuant - - "
SWEARINGIN: "Yes, and on the first one I brought in, IT WAS COMPLETED AND I DID RECEIVE THAT AMOUNT OF MONEY."
KENNER: "Okay. And you, I'm sure - - well, you appear to be a person that is quite responsible. You feel responsible for these people that you brought into the program."
SWEARINGIN: "I CERTAINLY WILL NOT TELL SOMEBODY ABOUT SOMETHING THAT I AM NOT ABSOLUTELY CONFIDENT IN, THAT'S CORRECT."
KENNER: ". . you mentioned a fifth person a few moments ago. Was that person named Judith Chandler?"
SWEARINGIN: "That was the one that was coming in but did not get in because THE FUNDS WERE TAKEN AND THEY PICKED UP HER - - they being THE FBI, YOU UNDERSTAND, PICKED UP HER FED EX PACKAGE BEFORE IT WAS EVER OPENED."
KENNER: "Did you show her your checks?"
SWEARINGIN: "Oh, yes, absolutely."
KENNER: "And do you know what Ms. Chandler - -"
SWEARINGIN: "Excuse me. I showed her copies."
KENNER: "You kept copies of your checks?"
SWEARINGIN: "Yes."
KENNER: "And had you heard Mr. Petty and the other investors talk about doing that on the conference call?"
SWEARINGIN: "No."
KENNER: "So you just did that on your own?"
SWEARINGIN: "I did that on my own because I felt like that NOT ONLY SHOULD I TELL THE TRUTH TO PEOPLE, but when possible, I SHOULD BE ABLE TO SHOW THEM THAT WHAT I'M SAYING IS THE TRUTH."
(V5,P136,L13-25,P137,excerpts L1-20)
KENNER: "DO YOU HAVE - - I'M SORRY, SIR. DO YOU HAVE ANY UNDERSTANDING OF HOW TELECOM 2000 IS ABLE TO PAY ITS INVESTORS?"
SWEARINGIN: "NO, I DON'T, BUT I WOULD SAY THAT I GO TO A DOCTOR AND I DON'T UNDERSTAND ABOUT MEDICINE BUT I STILL GO TO HIM AND HIRE HIM FOR HIS SERVICES."
KENNER: "But when you go to the doctor you are actually receiving services. The doctor isn't paying you to come, is he, Mr. Swearingin?"
SWEARINGIN: "No, and no one else is paying me to come."
KENNER: "Now, Mr. Swearingin, were you a member of the leadership committee that Mr. Petty formed for TeleCom 2000 Network business owners?"
SWEARINGIN: "I did not know of a leadership committee. . . there were two numbers given out, a number on the phone call for everyone because there were so many and the noise was so loud that he wanted that group muted out. They could hear. . . I never heard of a leadership committee."
KENNER: "Which number - - of the two numbers you just described, which number did you get?"
SWEARINGIN: ". . in the beginning I got the number that was muted out. Later on I got a call from his office saying on the conference call would you use this number because Mr. Petty wants to ask you some questions or wants you to give your experience with TeleCom 2000."
KENNER: "And so you were allowed to do that on conference calls?"
SWEARINGIN: "Yes, when he asked me to."
KENNER: ". . you were given the opportunity to discuss the amount of money that you had received from TeleCom 2000?"
SWEARINGIN: "The word discuss has a meaning to me that I don't think applies, but Al Petty did ask me had I received these checks, and I validated the fact that I had received them."
(V5,P138,L20-22)
KENNER: "And so your payout would have been in April of 2002 for the six month contract?"
SWEARINGIN: "I believe that's correct, according to the chart."
(V5,P139,excerpts L3-25,P140,L1-11)
KENNER: "And you would have received a total of 23 checks for $94,640?"
SWEARINGIN: "Correct."
KENNER: "Now let's look at the Pro 50."
SWEARINGIN: ". . I would say that those other checks that were scheduled to come did come on time even though I couldn't cash them."
KENNER: "And that pleased you? Not being able to cash them, but it pleased you that you got the checks?"
SWEARINGIN: "IT PLEASED ME THAT I WAS STILL WITH A COMPANY THAT WAS COMMITTED TO MAKE THE PAYMENTS THEY WERE SCHEDULED TO MAKE, YES."
KENNER: "And so your payout for this one would have been in July of 2002?"
SWEARINGIN: "July 30th."
KENNER: " And so you would have expected to receive in July a total of $186,875?"
SWEARINGIN: "Correct."
KENNER: "And the total payout on this would have been - - well, $295,750 less your 51,003 investment, a profit of $244,450?"
SWEARINGIN: "Correct."
KENNER: "And you expected - - fully expected to receive that money by July of 2002?"
SWEARINGIN: "ABSOLUTELY I DID."
REDIRECT EXAMINATION BY MR. SMITH
(V5,P140-141,L22-25,1-13)
SMITH: "Was Al Petty ever secretive about TeleCom 2000 with you?"
SWEARINGIN: "Not only not secretive. HE WAS VERY OPEN. I FELT THE MOST HONEST, OPEN MAN THAT I'VE EVER APPROACHED."
SMITH: "Would you say that he could even become boring expounding on TeleCom 2000?"
COMMENT: WHAT A SUPERFLOUS AND STUPID QUESTION FOR AL PETTY'S COUNSEL TO ASK!! J.R.S. CERTAINLY FITS THE MOLD OF "COUNSEL INEFFICIENCY"!
SWEARINGIN: "WELL, I WAS INTENSELY INTERESTED. HE WAS NOT BORING TO ME. BUT I DID HEAR ONE OR TWO PEOPLE SAY, WELL, WHY DON'T YOU SKIP THIS AND GET ON DOWN AND MR. AL PETTY WOULD SAY WHY DON'T YOU JUST GET OFF THE PHONE, IF YOU'RE NOT WILLING TO LISTEN TO WHAT'S GOING ON, YOU DON'T NEED TO BE A PART OF THIS COMPANY."
SMITH: "ARE YOU HAPPY WITH TELECOM 2000?"
SWEARINGIN: "I'M VERY HAPPY."
SMITH: "ARE YOU HAPPY WITH AL PETTY?"
SWEARINGIN: "I'M VERY HAPPY WITH AL PETTY."
SMITH: "READY TO GET ON WITH THE PROGRAM?"
SWEARINGIN: "I'M READY TO GET ON WITH THE PROGRAM AND ALL I CAN SAY TO THIS JURY IS GIVE US BACK OUR BUSINESS. I'M READY TO GO."
