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| mauralarkins.com |
SAN DIEGO EDUCATION REPORT
page 105
1 press about people is perfectly harmless. She doesn't even
2 understand that this is negative. And I -- this will be a
3 very important part of my case at trial because I need to
4 establish patterns of behavior of hostility toward co-workers
5 on the part of Peggy Myers and others which resulted in my
6 being removed from my classroom.
[Maura Larkins comment: They illegally used Kathleen Elton's false allegations to the
police to get rid of me—Peggie knows all about it, it’s the only explanation for how I
was removed, and Peggie supported the removal to an extreme degree.]
page 106
2 MR. HERSH: And I will also add that I informed
3 plaintiff in my letter a few weeks ago that if in fact she
4 was to proceed in the manner she has today, that I was going
5 to seek sanctions to recover costs and time that I've spent
6 in a deposition that's completely unrelated to this case and
7 is simply an abuse of the court's time and it's -- it's -- I
8 understand that plaintiff imagines that she has a right to do
9 this, but she doesn't. And the court is going to hear a
10 motion this Friday, several motions this Friday, and
11 hopefully the court will clarify for plaintiff what she is
12 and what she cannot do as part of the discovery process.
13 MS. LARKINS: Well, Michael, it's good I was
14 sitting down when you said that. Otherwise I might have just
15 fallen over in shock that you're going to seek sanctions.
16 Q. Okay. Two teachers called up Rick Werlin on
17 February 10th, 2001 and said that I was going to kill them.
18 There is absolutely no explanation given for such a bizarre
19 event other than that they had information criminally
20 obtained from my arrest records. No witness has given any
21 reason with -- anywhere near the ball park of rationality
22 which would account for me being taken out of my classroom
23 and being suspected of killing people. And then I was
24 brought back --
page 107
6 MS. LARKINS: Okay. Are you planning to
7 unilaterally end the deposition in 14 minutes?
8 MS. ANGELL: You're the one that noticed the next
9 deposition, and if you don't take the next person's
10 deposition, then I guess that you'll be waiving the
11 opportunity to take her deposition or whatever is appropriate
12 under the code.
13 MS. LARKINS: Well, you didn't answer my question.
14 MS. ANGELL: Yes, I did.
15 MS. LARKINS: Was that a yes?
16 MS. ANGELL: I answered the question. You can
17 understand it however you want to.
18 MS. LARKINS: Well, I'm taking it as a yes. If
19 you do walk out, though, I will file a motion to compel.
20 Q. Okay. Ms. Myers, do you see making a statement to
21 be printed in the press -- and I'm not saying you made it,
22 but just if somebody made such a statement that the transfer
23 was a mere power play by Superintendent Lowell Billings,
24 would you perceive that to be a negative comment about
25 Mr. Billings?
Page 108
5 A. I see that as being a statement of somebody's
6 belief.
7 Q. Do you consider it to be praise of Lowell Billings?
8 A. I wouldn't know based on the question that was
9 posed to the person and whatever else ensued between the two
10 individuals.
11 Q. Okay. So it might have been praise.
24 (Plaintiff's Exhibit No. 7 was marked for identification.)
page 109
2 Q. Is this La Prensa news article familiar to you,
3 Ms. Myers?
4 A. I do not read Spanish.
5 Q. That wasn't the question.
6 A. How could it be familiar to me if I don't read
7 Spanish.
8 Q. Did you and Stephanie Pettit sit down for an
9 interview with Luis Alonso Perez?
13 Q. Before October 8th, 2004?
14 A. Specifically did we sit down, what does that --
15 what do you mean, Stephanie and I sit down? Together?
16 Q. Yes.
17 A. No.
18 Q. Did you yourself alone talk to Luis Alonso Perez?
19 A. I did not speak to Mr. Perez.
20 Q. Are you aware that Luis Alonso Perez wrote an
21 article in La Prensa quoting you extensively?
22 A. Yes.
23 Q. Did you -- were you angry and upset when you found
24 out that Luis Alonso Perez had written an article in La Prensa
25 quoting you extensively?
page110
1 A. No.
2 Q. Why not?
3 A. First of all, can I say -- how can I respond to
4 anything along this line when I don't know what this says?
Peggie knew everything. Stephenie’s letter shows she understood she’d be in trouble
if she didn’t report contact with me to Peggie, who must have reported to Jim Groth
and Gina Boyd.
15 Q. Were you upset when you found out that Luis Alonso
16 Perez had written an article for La Prensa in October of 2004
17 in which he quoted you extensively?
18 A. No.
19 Q. Why not?
20 A. He quoted things I said.
21 Q. Who did you say them to?
22 A. I did not say them. He did not have a
23 conversation with me face to face or on the phone.
24 Q. But you did say these things.
25 A. I wouldn't know what these things are.
Page 111
1 Q. Okay. Did you just tell me that you said these
2 things?
3 A. What things?
4 Q. That are -- the things that Luis Alonso Perez
5 quoted you as saying?
This sounds like a Maura and Peggy comedy routine.
14 MS. LARKINS: Ms. Angell, I asked her why she
15 wasn't upset that she was quoted extensively by this person,
16 and she said she wasn't upset because she said these things.
17 MS. ANGELL: What things were you referring to by
18 these things, do you know?
19 THE WITNESS: No.
(IS SHE A COMPLETE PARIS?)
or is she thumbing her nose at the legal process? Or both?
21 Q. Okay. Let's go back. Could you explain why you
22 weren't upset when you learned that you'd been extensively
23 quoted in La Prensa by Luis Alonso Perez?
24 A. If I said something publicly, how can I be upset.
25 Q. So you publicly said the things that he wrote in
page 112
1 his article?
2 MS. ANGELL: How would she know? She can't read
3 the article. Do you have an English language version of this
4 to put in front of her so she can respond to your questions?
5 MS. LARKINS: The English language version is so
6 awful I -- didn't I send you the English translation of this
7 article?
8 THE WITNESS: No, you did not.
10 Q. Ms. Myers, did I -- okay. Did I send you a fax
11 recently?
12 A. You sent a fax to my school.
13 Q. And what did the fax say?
14 A. I don't remember.
15 Q. And you're sure that there wasn't an English
16 translation of this article attached?
17 A. I am positive.
18 Q. Okay. Well, Google did an English translation of
19 the article, but it was just so awful that I -- it would be
20 rude to put it into evidence.
21 Okay. Now, you say that you weren't angry because
22 you said these things in public. When -- and when you say
23 these things, I assume you mean his quotations in the
24 article.
25 A. Is that a question?
Page 113
1 Q. Yeah. Is that what you mean?
2 A. So what is the question?
3 Q. When you say you weren't angry because you had
4 said these things in public, by these things do you mean the
5 things he quoted in the article?
6 A. My response to that would have to be based on not
7 knowing what these quotations were. If they are quotations
8 from me, I was not -- what was the terminology that you used
9 regarding this? Was I upset?
10 Q. Uh-huh.
11 A. I was not upset.
12 Q. So somebody told you what it said?
13 A. No. I have no idea what these quotations are.
14 Q. You never found out what you were quoted as saying
15 in the paper?
16 A. It's in Spanish once again, Maura. I do not read
17 Spanish. You know that. How could I know what these
18 quotations are if I can't read Spanish.
19 Q. Did Stephanie --
20 MS. ANGELL: Do you need a break?
21 THE WITNESS: Yes.
22 MS. ANGELL: Let's go off the record for a minute.
23 Five minutes?
Page 114
1 THE VIDEOGRAPHER: Okay. We're going off the record. The time is 1:56
p.m. (Recess taken.)THE VIDEOGRAPHER: We're going on the record. The
time is 2:28 p.m.
23 MS. LARKINS: Well, I would like to state for the
24 record that if this case were terminated this Friday, I think
25 it would a serious miscarriage of justice, not just for me
page 115
1 because I'm just one person and that's not as important. But
2 I'm mostly concerned for the public good, and I think it's a
3 matter that should be discussed by the public the way
4 Ms. Angell and others in her law firm have been paid hundreds
5 of thousands of taxpayer dollars in this case to cover up
6 crimes. And I most certainly think that the public should
7 become aware of all the facts of this case. And I haven't
8 had as good a luck as Ms. Myers at getting media attention,
9 but I really do think that it's something that should be
10 discussed in public.
11 Oh, are we on the record? Okay.
12 MS. ANGELL: And I also would like to ask
13 Mrs. Larkins what her intentions are for continuing to keep
14 this witness seeing as how the last deposition was noticed
15 for 2:00 o'clock when you sent these people out on a break
16 and the deponent has been here since a quarter till 2:00.
17 MS. LARKINS: I'd like to finish this deposition.
18 MS. ANGELL: How much longer do you intend to keep
19 this witness?
20 MS. LARKINS: Well, it partly depends on how
21 lengthy your objections are, your little soliloquies. But I
22 would say as far as my questions go, I probably have about
23 45 minutes.
24 MS. ANGELL: Under the Code of Civil Procedure,
25 Mrs. Larkins, you're required to proceed with the deposition
page 116
1 at the time that you've noticed it, and you noticed
2 Mrs. Perez's deposition and then negotiated an updated for
3 it for her to be here at 2:00 o'clock according to your
4 confirmation sent to my office over the weekend. And I just
5 want to let you know that Mrs. Perez will stay for some
6 period of time, but if you do not proceed with her deposition
7 we will most likely file a motion for sanctions and a motion
8 to preclude any deposition of Mrs. Myers -- or I'm sorry, of
9 Ms. Perez if that's authorized by the code.
10 MS. LARKINS: Okay. Would you like to continue
11 Ms. Myers' deposition at another time?
12 MS. ANGELL: I would like for you to take her
13 deposition at the noticed time period. This person's gone to
14 considerable inconvenience and expense to show up at the time
15 that you noticed and set for her deposition. You're keeping
16 Mrs. Myers here for the purpose of harassing her. You're not
17 asking relevant questions, and her deposition should be
18 concluded.
19 MS. LARKINS: Well, the taxpayers have gone to
20 considerable inconvenience and expense for this whole case
21 paying your firm hundreds of thousands of dollars and heaven
22 knows how much to the court and other public entities. And I
23 think it's very important that this case be -- that this case
24 proceed appropriately, and it would help if the witness
25 weren't trying so hard to evade questions.
page117
20 Q. Ms. Myers, first of all, given the statement that
21 Ms. Angell made a few minutes ago about the break, did you
22 relay to Ms. Angell the message that I asked you to give her?
23 A. I told her to speak to you, as I told you I would
24 have her speak to you.
25 MS. LARKINS: Okay. Well, Ms. Angell, during the
page 118
1 break you were in one of the back rooms and Ms. Myers was
2 standing outside the room. And I went back to tell her that
3 we were going to take about a 15-minute break, 15 to
4 20-minute break, and I asked her to relay that message to you
5 when you came out of the room, but apparently she did not see
6 fit to do so it.
7 THE WITNESS: Excuse me.
8 MS. ANGELL: You don't need to argue with her.
9 Let her make her record. Let's move on.
11 Q. Okay. When you learned that there was an article
12 in La Prensa by Luis Alonso Perez that quoted you
13 extensively, did you talk to Stephanie Parker Pettit about
14 the article?
15 A. No. I didn't see the article. This is the first
16 time I've seen that article.
17 Q. Okay. Let me -- okay. Now, I'm not really sure
18 what you mean by qualifying your "no" with I haven't seen the
19 article before. At some point before today did you learn
20 that there was an article in La Prensa by Luis Alonso Perez
21 that quoted you extensively?
22 A. What did you say?
23 Q. At some time before today did you learn that there
24 was an article in La Prensa that quoted you extensively?
25 A. Yes.
Page 119
1 Q. How did you learn that?
2 A. Actually, I think there was some reference by you
3 in something I read, but I'm not sure.
4 Q. So you believe that the only information that ever
5 came to you about this article which quoted you extensively
6 was from me?
10 Q. Okay. Do you -- is it possible that you got
11 information about this article from some other individual?
15 A. I -- I did not get the -- any information from
16 this article from someone else. It was something that you
17 wrote I believe in an editorial or to me that referenced this
18 article that I knew the article existed.
19 Q. Okay. And you're sure that the letter didn't
20 contain an English translation of the article?
21 A. I am positive.
The letter did contain an English translation
23 MS. ANGELL: It's not fair for me to rock when you
24 can't.
25 THE WITNESS: I'm sorry.
Page 120
1 MS. ANGELL: I'll try and sit still myself.
2 THE WITNESS: I'll go back to shaking my foot.
3 BY MS. LARKINS:
4 Q. Okay. Now, earlier you said that you were not
5 upset when you learned that there was an article in La Prensa
6 which quoted you extensively because you had said those
7 things in public. So are you now changing your testimony and
8 you're saying you didn't know about it until today?
9 A. Know about what?
10 Q. That there was an article in La Prensa which
11 quoted you extensively.
12 A. What is the question?
13 Q. Are you changing your testimony?
14 A. I have not changed my testimony.
15 Q. Okay. Do you recall half an hour ago saying that
16 you were not upset because you had said these things in
17 public?
18 A. I recall having a conversation with you about that.
19 Q. Okay. Can you tell me what you were thinking of
20 when you said I said these things in public?
21 A. As I said to you before, these things -- I don't
22 know what these things are. I cannot -- I cannot read this
23 document; therefore, I don't know what these quotes are.
24 Q. Then how do you know you said them in public?
25 A. I'm assuming if they are quotes, if this person
121
1 has quoted me, then I have made this public statement. But I
2 don't know what the quotes are, Maura. I do not read Spanish.
3 Q. Okay. Let me just give you some quick rough
4 translations and then you tell me if you said these things in
5 public.
6 MS. ANGELL: Objection. Are you qualified as a
7 certified translator by the court?
8 MS. LARKINS: No, I'm just --
9 MS. ANGELL: All right. Well, then I'm going to
10 object to any translation that you attempt to make of
11 these -- of this document. Unless you have a certified
12 translation of the document, I'm going to object.
21 MS. ANGELL: And it's not proper for you to pose
22 these questions.
23 MS. LARKINS: I won't --
24 MS. ANGELL: I'm going to instruct the witness not
25 to respond to you.
Page 122
7 Q. Did you ever say in public that the true reason
8 for your transfer from Castle Park was because you weren't
9 afraid to show your disagreement with the way in which Ollie
10 Matos ran the school?
11 A. I don't know if those were my exact words.
12 Q. But have you said words similar to that?
13 A. You know --
14 MS. ANGELL: Statements that you made in public
15 are statements that you made in public.
16 THE WITNESS: You know what, to be honest with
17 you, at this point I don't know if this was made -- if that
18 exact statement was made, so you know, I don't want to
19 respond to anything I don't know for sure.
20 MS. ANGELL: Exactly, and you shouldn't.
21 THE WITNESS: Okay. So I don't know.
25 [MS ANGELL] She asked you whether you
page 123
1 ever made a statement in public to the effect that you think
2 the reason that you were transferred was because you were
3 standing up to Ollie Matos. So if you remember making a
4 statement like that, you should let her know. And if you
5 don't remember making a statement like that, let her know.
6 THE WITNESS: I don't remember making that
7 statement.
8 BY MS. LARKINS:
9 Q. Do you believe that the reason you were
10 transferred from Castle Park is because you weren't afraid to
11 stand up to Ollie Matos?
12 MS. ANGELL: And I'm going to renew my relevance
13 objection and the objection that this is argumentative and
14 this entire line of questioning is designed to harass this
15 witness. It's totally irrelevant to your litigation, and I
16 would ask you to move on to a different topic, Mrs. Larkins.
17 MS. LARKINS: Are you instructing the witness not
18 to answer?
19 MS. ANGELL: You're done with this line of
20 questioning. The witness will not respond.
page124
13 MS. ANGELL: Of course, you will answer any
14 questions relating to public statements that you made, that
15 kind of thing. Okay?
16 MS. LARKINS: Okay. Now I'm really confused.
17 You're saying she will answer questions relating to public
18 statements she made?
19 MS. ANGELL: If you want to ask her what she said
20 to a news reporter like you did here, we said did you make
21 this statement, she said no, I don't remember making that
22 statement.
23 MS. LARKINS: Okay.
24 MS. ANGELL: Those are public statements that
25 she's made publicly.
Page 125
1 MS. LARKINS: Okay.
2 MS. ANGELL: She granted an interview.
17 Q. Is Ms. Angell correct in stating that you granted
18 an interview to someone from the press?
19 A. Be specific as to interview with whom.
20 Q. Did you speak to a reporter at any time other than
21 the September 14th board meeting?
22 A. Yes.
23 Q. Who did you speak to other than at the September
24 14th board meeting?
25 A. Kelley Dupuis, Don Sevrens.
page126
1 Q. And who is Don Sevrens?
2 A. Works for the Union Tribune.
3 Q. Okay. Did Kelley Dupuis call you on the phone at
4 some time last summer?
5 A. I don't remember.
6 Q. Did Kelley -- when you talked to Kelley Dupuis was
7 it in person or on the phone?
8 A. I believe I've done both.
9 Q. How many times did you talk to him in person?
10 A. I have no idea.
11 Q. How many times did you talk to him on the phone?
12 A. I don't know.
13 Q. Frequently? Would you say that you talked to him
14 many times, so many that you can't remember the number?
15 A. I don't know how many times I talked to him,
16 Maura. I didn't count.
17 Q. So it would have involved counting, so I guess
18 that means it's more than one. How many times did you talk
19 to Don Sevrens?
20 A. Once.
21 Q. Okay. When is the last time you talked to a
22 reporter?
23 A. I don't remember.
24 Q. Are you aware that an editorial or article -- let
25 me call it an editorial, about Castle Park came out in the
page 127
1 Union Tribune on or about November 11th, 2004?
9 MS. LARKINS: Okay. Can she answer the question?
10 May she answer the question?
11 MS. ANGELL: I'm asking you to please ask this
12 witness something that is relevant to this litigation.
14 Q. Okay. You may answer the question.
15 A. I don't remember the question. And Maura, I'm
16 tired. I haven't eaten. You have.
17 Q. I'm perfectly happy to continue this at another
18 time. I offered to have a lunch break.
19 A. When?
20 Q. It's on the record.
21 A. I was not prepared to have lunch, Maura. Okay? I
22 was under the impression that I would be in and be out, and I
23 did not bring anything with me to eat, and I am hungry and I
24 am tired and it is hot in here. And I'd like to know --
25 Q. I can give you the lunch I had. I had almonds and
PAGE 128
1 a trail bar.
2 A. I don't want your lunch.
3 Q. Is it something personal?
4 A. I would really appreciate it if you would ask me
5 something relevant to the case, because you -- to me, a lay
6 person, you are clearly not asking anything that's relevant
7 to your case.
8 Q. Do you see any connection between your being taken
9 out of Castle Park and my being taken out of Castle Park?
10 A. No.
11 Q. What do you see as the difference?
12 A. I can't see any difference because I don't know
LOOK AT VIDEO AT THIS SPOT
she very much wanted to know everything about me
TEACHERS WERE REQUIRED TO REPORT TO HER ABOUT ME
13 your details, nor do I want to know your details, so I have
14 no idea if they're the same or not. In my opinion -- and I'm
15 not even going to answer that because it's an opinion. So
16 please ask me relevant questions so we can get this over with.
17 Q. I think what happened to you and what happened to
18 me are extremely related.
19 A. Well, you don't know about my case; I don't know
20 about yours, so you are assuming.
25 MS. LARKINS: Well, I know a lot about your case
page 129
1 because you've been talking to the media.
7 MS. LARKINS: I want -- I want to question this
8 witness about her efforts, her continuing efforts to make
9 this matter public knowledge by talking to the media.
10 MS. ANGELL: What is this matter?
11 MS. LARKINS: This matter is the very sick teacher
12 culture at Castle Park which has resulted in many, many
13 teachers being forced out over a period of many years.
14 Interestingly enough, two of them were bilingual out of only
15 four bilingual positions. And in fact, the first one, there
16 was only one bilingual position when she was transferred out.
17 So the first -- at the end of the first year of the bilingual
18 program they transferred out -- actually, she was dismissed
19 like me. I was dismissed too. So the first year after the
20 bilingual program started, they transferred out 100 percent
21 of the bilingual teachers.
page130
8 MS. LARKINS: Okay. I'll suspend the deposition
9 because I need to seek a motion to compel.
16 MS. LARKINS: I'm not the deponent, Ms. Angell. I
17 have already suspended the deposition.
18 MS. ANGELL: No, you haven't. We haven't agreed.
19 There's not been any agreement to go --
20 MS. LARKINS: I have --
21 MS. ANGELL: We're on the record. There's not
22 been any agreement to go off the record…
page 131
7 MS. LARKINS: Well, I certainly would like to
8 thank this witness for being on time. She was the only one
9 of your clients who has ever been on time. I've waited for
10 every other one of your clients. I guess maybe I got tired
11 of waiting.
12 I do have the right, Ms. Angell, to suspend a
13 deposition to seek a motion to compel answers. I don't know
14 much about the law, but I know that.
1 press about people is perfectly harmless. She doesn't even
2 understand that this is negative. And I -- this will be a
3 very important part of my case at trial because I need to
4 establish patterns of behavior of hostility toward co-workers
5 on the part of Peggy Myers and others which resulted in my
6 being removed from my classroom.
[Maura Larkins comment: They illegally used Kathleen Elton's false allegations to the
police to get rid of me—Peggie knows all about it, it’s the only explanation for how I
was removed, and Peggie supported the removal to an extreme degree.]
page 106
2 MR. HERSH: And I will also add that I informed
3 plaintiff in my letter a few weeks ago that if in fact she
4 was to proceed in the manner she has today, that I was going
5 to seek sanctions to recover costs and time that I've spent
6 in a deposition that's completely unrelated to this case and
7 is simply an abuse of the court's time and it's -- it's -- I
8 understand that plaintiff imagines that she has a right to do
9 this, but she doesn't. And the court is going to hear a
10 motion this Friday, several motions this Friday, and
11 hopefully the court will clarify for plaintiff what she is
12 and what she cannot do as part of the discovery process.
13 MS. LARKINS: Well, Michael, it's good I was
14 sitting down when you said that. Otherwise I might have just
15 fallen over in shock that you're going to seek sanctions.
16 Q. Okay. Two teachers called up Rick Werlin on
17 February 10th, 2001 and said that I was going to kill them.
18 There is absolutely no explanation given for such a bizarre
19 event other than that they had information criminally
20 obtained from my arrest records. No witness has given any
21 reason with -- anywhere near the ball park of rationality
22 which would account for me being taken out of my classroom
23 and being suspected of killing people. And then I was
24 brought back --
page 107
6 MS. LARKINS: Okay. Are you planning to
7 unilaterally end the deposition in 14 minutes?
8 MS. ANGELL: You're the one that noticed the next
9 deposition, and if you don't take the next person's
10 deposition, then I guess that you'll be waiving the
11 opportunity to take her deposition or whatever is appropriate
12 under the code.
13 MS. LARKINS: Well, you didn't answer my question.
14 MS. ANGELL: Yes, I did.
15 MS. LARKINS: Was that a yes?
16 MS. ANGELL: I answered the question. You can
17 understand it however you want to.
18 MS. LARKINS: Well, I'm taking it as a yes. If
19 you do walk out, though, I will file a motion to compel.
20 Q. Okay. Ms. Myers, do you see making a statement to
21 be printed in the press -- and I'm not saying you made it,
22 but just if somebody made such a statement that the transfer
23 was a mere power play by Superintendent Lowell Billings,
24 would you perceive that to be a negative comment about
25 Mr. Billings?
Page 108
5 A. I see that as being a statement of somebody's
6 belief.
7 Q. Do you consider it to be praise of Lowell Billings?
8 A. I wouldn't know based on the question that was
9 posed to the person and whatever else ensued between the two
10 individuals.
11 Q. Okay. So it might have been praise.
24 (Plaintiff's Exhibit No. 7 was marked for identification.)
page 109
2 Q. Is this La Prensa news article familiar to you,
3 Ms. Myers?
4 A. I do not read Spanish.
5 Q. That wasn't the question.
6 A. How could it be familiar to me if I don't read
7 Spanish.
8 Q. Did you and Stephanie Pettit sit down for an
9 interview with Luis Alonso Perez?
13 Q. Before October 8th, 2004?
14 A. Specifically did we sit down, what does that --
15 what do you mean, Stephanie and I sit down? Together?
16 Q. Yes.
17 A. No.
18 Q. Did you yourself alone talk to Luis Alonso Perez?
19 A. I did not speak to Mr. Perez.
20 Q. Are you aware that Luis Alonso Perez wrote an
21 article in La Prensa quoting you extensively?
22 A. Yes.
23 Q. Did you -- were you angry and upset when you found
24 out that Luis Alonso Perez had written an article in La Prensa
25 quoting you extensively?
page110
1 A. No.
2 Q. Why not?
3 A. First of all, can I say -- how can I respond to
4 anything along this line when I don't know what this says?
Peggie knew everything. Stephenie’s letter shows she understood she’d be in trouble
if she didn’t report contact with me to Peggie, who must have reported to Jim Groth
and Gina Boyd.
15 Q. Were you upset when you found out that Luis Alonso
16 Perez had written an article for La Prensa in October of 2004
17 in which he quoted you extensively?
18 A. No.
19 Q. Why not?
20 A. He quoted things I said.
21 Q. Who did you say them to?
22 A. I did not say them. He did not have a
23 conversation with me face to face or on the phone.
24 Q. But you did say these things.
25 A. I wouldn't know what these things are.
Page 111
1 Q. Okay. Did you just tell me that you said these
2 things?
3 A. What things?
4 Q. That are -- the things that Luis Alonso Perez
5 quoted you as saying?
This sounds like a Maura and Peggy comedy routine.
14 MS. LARKINS: Ms. Angell, I asked her why she
15 wasn't upset that she was quoted extensively by this person,
16 and she said she wasn't upset because she said these things.
17 MS. ANGELL: What things were you referring to by
18 these things, do you know?
19 THE WITNESS: No.
(IS SHE A COMPLETE PARIS?)
or is she thumbing her nose at the legal process? Or both?
21 Q. Okay. Let's go back. Could you explain why you
22 weren't upset when you learned that you'd been extensively
23 quoted in La Prensa by Luis Alonso Perez?
24 A. If I said something publicly, how can I be upset.
25 Q. So you publicly said the things that he wrote in
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1 his article?
2 MS. ANGELL: How would she know? She can't read
3 the article. Do you have an English language version of this
4 to put in front of her so she can respond to your questions?
5 MS. LARKINS: The English language version is so
6 awful I -- didn't I send you the English translation of this
7 article?
8 THE WITNESS: No, you did not.
10 Q. Ms. Myers, did I -- okay. Did I send you a fax
11 recently?
12 A. You sent a fax to my school.
13 Q. And what did the fax say?
14 A. I don't remember.
15 Q. And you're sure that there wasn't an English
16 translation of this article attached?
17 A. I am positive.
18 Q. Okay. Well, Google did an English translation of
19 the article, but it was just so awful that I -- it would be
20 rude to put it into evidence.
21 Okay. Now, you say that you weren't angry because
22 you said these things in public. When -- and when you say
23 these things, I assume you mean his quotations in the
24 article.
25 A. Is that a question?
Page 113
1 Q. Yeah. Is that what you mean?
2 A. So what is the question?
3 Q. When you say you weren't angry because you had
4 said these things in public, by these things do you mean the
5 things he quoted in the article?
6 A. My response to that would have to be based on not
7 knowing what these quotations were. If they are quotations
8 from me, I was not -- what was the terminology that you used
9 regarding this? Was I upset?
10 Q. Uh-huh.
11 A. I was not upset.
12 Q. So somebody told you what it said?
13 A. No. I have no idea what these quotations are.
14 Q. You never found out what you were quoted as saying
15 in the paper?
16 A. It's in Spanish once again, Maura. I do not read
17 Spanish. You know that. How could I know what these
18 quotations are if I can't read Spanish.
19 Q. Did Stephanie --
20 MS. ANGELL: Do you need a break?
21 THE WITNESS: Yes.
22 MS. ANGELL: Let's go off the record for a minute.
23 Five minutes?
Page 114
1 THE VIDEOGRAPHER: Okay. We're going off the record. The time is 1:56
p.m. (Recess taken.)THE VIDEOGRAPHER: We're going on the record. The
time is 2:28 p.m.
23 MS. LARKINS: Well, I would like to state for the
24 record that if this case were terminated this Friday, I think
25 it would a serious miscarriage of justice, not just for me
page 115
1 because I'm just one person and that's not as important. But
2 I'm mostly concerned for the public good, and I think it's a
3 matter that should be discussed by the public the way
4 Ms. Angell and others in her law firm have been paid hundreds
5 of thousands of taxpayer dollars in this case to cover up
6 crimes. And I most certainly think that the public should
7 become aware of all the facts of this case. And I haven't
8 had as good a luck as Ms. Myers at getting media attention,
9 but I really do think that it's something that should be
10 discussed in public.
11 Oh, are we on the record? Okay.
12 MS. ANGELL: And I also would like to ask
13 Mrs. Larkins what her intentions are for continuing to keep
14 this witness seeing as how the last deposition was noticed
15 for 2:00 o'clock when you sent these people out on a break
16 and the deponent has been here since a quarter till 2:00.
17 MS. LARKINS: I'd like to finish this deposition.
18 MS. ANGELL: How much longer do you intend to keep
19 this witness?
20 MS. LARKINS: Well, it partly depends on how
21 lengthy your objections are, your little soliloquies. But I
22 would say as far as my questions go, I probably have about
23 45 minutes.
24 MS. ANGELL: Under the Code of Civil Procedure,
25 Mrs. Larkins, you're required to proceed with the deposition
page 116
1 at the time that you've noticed it, and you noticed
2 Mrs. Perez's deposition and then negotiated an updated for
3 it for her to be here at 2:00 o'clock according to your
4 confirmation sent to my office over the weekend. And I just
5 want to let you know that Mrs. Perez will stay for some
6 period of time, but if you do not proceed with her deposition
7 we will most likely file a motion for sanctions and a motion
8 to preclude any deposition of Mrs. Myers -- or I'm sorry, of
9 Ms. Perez if that's authorized by the code.
10 MS. LARKINS: Okay. Would you like to continue
11 Ms. Myers' deposition at another time?
12 MS. ANGELL: I would like for you to take her
13 deposition at the noticed time period. This person's gone to
14 considerable inconvenience and expense to show up at the time
15 that you noticed and set for her deposition. You're keeping
16 Mrs. Myers here for the purpose of harassing her. You're not
17 asking relevant questions, and her deposition should be
18 concluded.
19 MS. LARKINS: Well, the taxpayers have gone to
20 considerable inconvenience and expense for this whole case
21 paying your firm hundreds of thousands of dollars and heaven
22 knows how much to the court and other public entities. And I
23 think it's very important that this case be -- that this case
24 proceed appropriately, and it would help if the witness
25 weren't trying so hard to evade questions.
page117
20 Q. Ms. Myers, first of all, given the statement that
21 Ms. Angell made a few minutes ago about the break, did you
22 relay to Ms. Angell the message that I asked you to give her?
23 A. I told her to speak to you, as I told you I would
24 have her speak to you.
25 MS. LARKINS: Okay. Well, Ms. Angell, during the
page 118
1 break you were in one of the back rooms and Ms. Myers was
2 standing outside the room. And I went back to tell her that
3 we were going to take about a 15-minute break, 15 to
4 20-minute break, and I asked her to relay that message to you
5 when you came out of the room, but apparently she did not see
6 fit to do so it.
7 THE WITNESS: Excuse me.
8 MS. ANGELL: You don't need to argue with her.
9 Let her make her record. Let's move on.
11 Q. Okay. When you learned that there was an article
12 in La Prensa by Luis Alonso Perez that quoted you
13 extensively, did you talk to Stephanie Parker Pettit about
14 the article?
15 A. No. I didn't see the article. This is the first
16 time I've seen that article.
17 Q. Okay. Let me -- okay. Now, I'm not really sure
18 what you mean by qualifying your "no" with I haven't seen the
19 article before. At some point before today did you learn
20 that there was an article in La Prensa by Luis Alonso Perez
21 that quoted you extensively?
22 A. What did you say?
23 Q. At some time before today did you learn that there
24 was an article in La Prensa that quoted you extensively?
25 A. Yes.
Page 119
1 Q. How did you learn that?
2 A. Actually, I think there was some reference by you
3 in something I read, but I'm not sure.
4 Q. So you believe that the only information that ever
5 came to you about this article which quoted you extensively
6 was from me?
10 Q. Okay. Do you -- is it possible that you got
11 information about this article from some other individual?
15 A. I -- I did not get the -- any information from
16 this article from someone else. It was something that you
17 wrote I believe in an editorial or to me that referenced this
18 article that I knew the article existed.
19 Q. Okay. And you're sure that the letter didn't
20 contain an English translation of the article?
21 A. I am positive.
The letter did contain an English translation
23 MS. ANGELL: It's not fair for me to rock when you
24 can't.
25 THE WITNESS: I'm sorry.
Page 120
1 MS. ANGELL: I'll try and sit still myself.
2 THE WITNESS: I'll go back to shaking my foot.
3 BY MS. LARKINS:
4 Q. Okay. Now, earlier you said that you were not
5 upset when you learned that there was an article in La Prensa
6 which quoted you extensively because you had said those
7 things in public. So are you now changing your testimony and
8 you're saying you didn't know about it until today?
9 A. Know about what?
10 Q. That there was an article in La Prensa which
11 quoted you extensively.
12 A. What is the question?
13 Q. Are you changing your testimony?
14 A. I have not changed my testimony.
15 Q. Okay. Do you recall half an hour ago saying that
16 you were not upset because you had said these things in
17 public?
18 A. I recall having a conversation with you about that.
19 Q. Okay. Can you tell me what you were thinking of
20 when you said I said these things in public?
21 A. As I said to you before, these things -- I don't
22 know what these things are. I cannot -- I cannot read this
23 document; therefore, I don't know what these quotes are.
24 Q. Then how do you know you said them in public?
25 A. I'm assuming if they are quotes, if this person
121
1 has quoted me, then I have made this public statement. But I
2 don't know what the quotes are, Maura. I do not read Spanish.
3 Q. Okay. Let me just give you some quick rough
4 translations and then you tell me if you said these things in
5 public.
6 MS. ANGELL: Objection. Are you qualified as a
7 certified translator by the court?
8 MS. LARKINS: No, I'm just --
9 MS. ANGELL: All right. Well, then I'm going to
10 object to any translation that you attempt to make of
11 these -- of this document. Unless you have a certified
12 translation of the document, I'm going to object.
21 MS. ANGELL: And it's not proper for you to pose
22 these questions.
23 MS. LARKINS: I won't --
24 MS. ANGELL: I'm going to instruct the witness not
25 to respond to you.
Page 122
7 Q. Did you ever say in public that the true reason
8 for your transfer from Castle Park was because you weren't
9 afraid to show your disagreement with the way in which Ollie
10 Matos ran the school?
11 A. I don't know if those were my exact words.
12 Q. But have you said words similar to that?
13 A. You know --
14 MS. ANGELL: Statements that you made in public
15 are statements that you made in public.
16 THE WITNESS: You know what, to be honest with
17 you, at this point I don't know if this was made -- if that
18 exact statement was made, so you know, I don't want to
19 respond to anything I don't know for sure.
20 MS. ANGELL: Exactly, and you shouldn't.
21 THE WITNESS: Okay. So I don't know.
25 [MS ANGELL] She asked you whether you
page 123
1 ever made a statement in public to the effect that you think
2 the reason that you were transferred was because you were
3 standing up to Ollie Matos. So if you remember making a
4 statement like that, you should let her know. And if you
5 don't remember making a statement like that, let her know.
6 THE WITNESS: I don't remember making that
7 statement.
8 BY MS. LARKINS:
9 Q. Do you believe that the reason you were
10 transferred from Castle Park is because you weren't afraid to
11 stand up to Ollie Matos?
12 MS. ANGELL: And I'm going to renew my relevance
13 objection and the objection that this is argumentative and
14 this entire line of questioning is designed to harass this
15 witness. It's totally irrelevant to your litigation, and I
16 would ask you to move on to a different topic, Mrs. Larkins.
17 MS. LARKINS: Are you instructing the witness not
18 to answer?
19 MS. ANGELL: You're done with this line of
20 questioning. The witness will not respond.
page124
13 MS. ANGELL: Of course, you will answer any
14 questions relating to public statements that you made, that
15 kind of thing. Okay?
16 MS. LARKINS: Okay. Now I'm really confused.
17 You're saying she will answer questions relating to public
18 statements she made?
19 MS. ANGELL: If you want to ask her what she said
20 to a news reporter like you did here, we said did you make
21 this statement, she said no, I don't remember making that
22 statement.
23 MS. LARKINS: Okay.
24 MS. ANGELL: Those are public statements that
25 she's made publicly.
Page 125
1 MS. LARKINS: Okay.
2 MS. ANGELL: She granted an interview.
17 Q. Is Ms. Angell correct in stating that you granted
18 an interview to someone from the press?
19 A. Be specific as to interview with whom.
20 Q. Did you speak to a reporter at any time other than
21 the September 14th board meeting?
22 A. Yes.
23 Q. Who did you speak to other than at the September
24 14th board meeting?
25 A. Kelley Dupuis, Don Sevrens.
page126
1 Q. And who is Don Sevrens?
2 A. Works for the Union Tribune.
3 Q. Okay. Did Kelley Dupuis call you on the phone at
4 some time last summer?
5 A. I don't remember.
6 Q. Did Kelley -- when you talked to Kelley Dupuis was
7 it in person or on the phone?
8 A. I believe I've done both.
9 Q. How many times did you talk to him in person?
10 A. I have no idea.
11 Q. How many times did you talk to him on the phone?
12 A. I don't know.
13 Q. Frequently? Would you say that you talked to him
14 many times, so many that you can't remember the number?
15 A. I don't know how many times I talked to him,
16 Maura. I didn't count.
17 Q. So it would have involved counting, so I guess
18 that means it's more than one. How many times did you talk
19 to Don Sevrens?
20 A. Once.
21 Q. Okay. When is the last time you talked to a
22 reporter?
23 A. I don't remember.
24 Q. Are you aware that an editorial or article -- let
25 me call it an editorial, about Castle Park came out in the
page 127
1 Union Tribune on or about November 11th, 2004?
9 MS. LARKINS: Okay. Can she answer the question?
10 May she answer the question?
11 MS. ANGELL: I'm asking you to please ask this
12 witness something that is relevant to this litigation.
14 Q. Okay. You may answer the question.
15 A. I don't remember the question. And Maura, I'm
16 tired. I haven't eaten. You have.
17 Q. I'm perfectly happy to continue this at another
18 time. I offered to have a lunch break.
19 A. When?
20 Q. It's on the record.
21 A. I was not prepared to have lunch, Maura. Okay? I
22 was under the impression that I would be in and be out, and I
23 did not bring anything with me to eat, and I am hungry and I
24 am tired and it is hot in here. And I'd like to know --
25 Q. I can give you the lunch I had. I had almonds and
PAGE 128
1 a trail bar.
2 A. I don't want your lunch.
3 Q. Is it something personal?
4 A. I would really appreciate it if you would ask me
5 something relevant to the case, because you -- to me, a lay
6 person, you are clearly not asking anything that's relevant
7 to your case.
8 Q. Do you see any connection between your being taken
9 out of Castle Park and my being taken out of Castle Park?
10 A. No.
11 Q. What do you see as the difference?
12 A. I can't see any difference because I don't know
LOOK AT VIDEO AT THIS SPOT
she very much wanted to know everything about me
TEACHERS WERE REQUIRED TO REPORT TO HER ABOUT ME
13 your details, nor do I want to know your details, so I have
14 no idea if they're the same or not. In my opinion -- and I'm
15 not even going to answer that because it's an opinion. So
16 please ask me relevant questions so we can get this over with.
17 Q. I think what happened to you and what happened to
18 me are extremely related.
19 A. Well, you don't know about my case; I don't know
20 about yours, so you are assuming.
25 MS. LARKINS: Well, I know a lot about your case
page 129
1 because you've been talking to the media.
7 MS. LARKINS: I want -- I want to question this
8 witness about her efforts, her continuing efforts to make
9 this matter public knowledge by talking to the media.
10 MS. ANGELL: What is this matter?
11 MS. LARKINS: This matter is the very sick teacher
12 culture at Castle Park which has resulted in many, many
13 teachers being forced out over a period of many years.
14 Interestingly enough, two of them were bilingual out of only
15 four bilingual positions. And in fact, the first one, there
16 was only one bilingual position when she was transferred out.
17 So the first -- at the end of the first year of the bilingual
18 program they transferred out -- actually, she was dismissed
19 like me. I was dismissed too. So the first year after the
20 bilingual program started, they transferred out 100 percent
21 of the bilingual teachers.
page130
8 MS. LARKINS: Okay. I'll suspend the deposition
9 because I need to seek a motion to compel.
16 MS. LARKINS: I'm not the deponent, Ms. Angell. I
17 have already suspended the deposition.
18 MS. ANGELL: No, you haven't. We haven't agreed.
19 There's not been any agreement to go --
20 MS. LARKINS: I have --
21 MS. ANGELL: We're on the record. There's not
22 been any agreement to go off the record…
page 131
7 MS. LARKINS: Well, I certainly would like to
8 thank this witness for being on time. She was the only one
9 of your clients who has ever been on time. I've waited for
10 every other one of your clients. I guess maybe I got tired
11 of waiting.
12 I do have the right, Ms. Angell, to suspend a
13 deposition to seek a motion to compel answers. I don't know
14 much about the law, but I know that.
