Document 33-3
Filed 02/12/2007
Page 1 of 13
1
1
IN
2
3
THE
UNITED
STATES
COURT
OF FEDERAL CLAIMS
LAVETTA ELK,
05-186L
4
Plaintiff,
Deposition
vs.
LAVETTA ELK
THE UNITED
5 6 7 8 9
of:
STATES OF AMERICA,
Defendant.
~(Q)fPJW
BEFORE:
10 11
DATE:
Jean M. Carlson Court Reporter and Notary Public Rapid City, South Dakota
December 12,
201 Federal 515 Ninth
2006;
9:30
-
2:50 p.m.
12
13 14
PLACE:
Building
Dakota
Rapid
APPEARANCES:
st. City, South
15
16
17 18
Representing
the Plaintiff:
ADAM
HOROWITZ
Herman & Mermelstein 18205 Biscayne Boulevard Suite 2218 Miami, FL 33160
19 20
Representing the Defendant:
KEVIN
SARA
WEBB
21
22 23
United States Department of Justice
PO Box
E. CULLEY
663
Washington,
D.C.
24 25
RAPID REPORTING
(605)
343-0066
Case 1:05-cv-00186-FMA
1
Document 33-3
Filed 02/12/2007
Page 2 of 13
3
LAVETTA ELK,
IN
THE UNITED
STATES
COURT OF FEDERAL
CLAIMS
2 3
2
called as
follows:
a
witness, being first duly sworn, testified as
OS-186L
3
l
L/
4
LAVETTA
ELK,
Plainti ff,
THE UNITED
4
Deposi tioD of:
LAVETTA ELK
MR. HOROWITZ:
Lavetta, you need to answer all the
'5
6
7
5
6
questions out loud.
MR. WEBB:
STATES OF AMERICA,
This is Kevin Webb speaking, and I
Defendant.
7
8
8 9
received an objeciton this morning from Mr. Horowitz
BEFORE:
10
11
Jean M. Carlson Court Reporter and Notary Rapid City, South Dakota
December
regarding the subpoena associated with the deposition.
And as we received it this morning and we are away from
Public
9
DATE:
PLACE:
12, 2006;
9:30
-
2:50 p.m.
10
11
our office we don't really have
a
will response to the
12
13
14
APPEARANCES:
201 Federal Building 515 Ninth Bt. Rapid Ci ty, South Dakota
objection so we haven't had
a
chance to look at it, but
We think
12 13
we do plan on responding to the objection.
that the Subpoena Duces Tecum was served appropriately
and should have been responded to with the production
15
16
17
Representing the
Plaintiff:
ADAM HOROWITZ
14
Boul evard
Herman
&
of
18205 Biscayne Sui te 2218
Mermelstein
33160
15
16
documents at this deposition.
and our interest
in
In lieu of the objection
and our
18
Miami,
Representing
FL
responding to the objection,
is
19
the Defendant:
20
21
22
KEVIN WEBB SARA E. CULLEY
17
18 19
Uni ted States Department
PO Box 663 Washington,
of Justice
belief that the objection unfounded, we are going to deem the deposition to be continuing,so that following
D.C.
resolution on this issue we would seek additional time
to depose the Plaintiff to address documents that could
or should have been produced pursuant to the subpoena.
MR. HOROWITZ.
I
20
21
23
24
25
22 23
would just say for the record
that we don't believe the subpoena was served
appropriately, the Subpoena Duces Tecum was served
appropriately, but with that said,
I
24
(
1'-.
2
25
2
don't believe there
4
INDEX
1 2 3
are any documents responsive to the duces tecum that
haven't already been produced
deposition.
MR. WEBB:
in
advance of this
3
WITNESS:
4
PAGE
4
5 6
Thanks.
Lavetta Elk
5
EXAMINATION BY MS. CULLEY:
Q
A
Examination by Ms. Culley
6
4 7 8
Lavetta, please state your name for the record.
Lavetta Kathy Elk.
And your address?
Q A
7 9 8 9
484 Wounded Knee, Upper Housing.
And you know that I'm an attorney for the United States?
EXHIBITS:
1 2 3
4
MARKED ON PAGE
7 8
10
11
Q
A
Notice
Yes.
And your attorney has explained what
a
12
10
Q
A
deposition
is?
Subpoena
Answers to Interrogatories
13
Yes.
And the process for deposition?
11
46
14 15
Q
A
12
13
Answers to First Set of Interrogatories
64
16
Q
A
Yes.
Do you understand that you are under oath now?
14
15 16 17
17 18 19
Yes.
And that your testimony here today
trial testimony?
is
Q
equivalent to
20
21
"""J
A Q
Yes.
And throughout the day,
I
just wanted to let you know
if
21
22
23
that
we will
take breaks as we need them, but also,
a
22 23
you feel you need
break, just go ahead and let me
24
25
1 of 39 sheets
24
25
Page 1 to 4 of 120
know; there's no problem with that. We have water here and feel free to have some whenever you want. I'm going
1//))/)00'; 01'1<'1<
PM
Case 1:05-cv-00186-FMA
1 2
3
Document 33-3
5
Filed 02/12/2007
Q
I
Page 3 of 13
7
to try hard to make my questions clear and easy to
understand,
1 2
3
am going to hand some documents to Jean and she's
but if you don't understand, just let me
I will try to say
going to mark them.
(Exhibit
Q
know, and
them in
a
a
different way or
1/
"
No.1 was marked for identification.)
a
restate them.
If you answer
question, I'm going to
Does this sound like an
4
5 6 7
Lavetta, could you take
recog nize it?
look at that, please?
Do you
assume that you understood it.
6
acceptable way to proceed?
A
A
Yes.
And what is it?
7
8 9
Yes.
And if you want to change
a
Q
A
Q
prior answer, if you realize
a
8 9
It's the letter, deposition
attorney.
I
that you want to restate it or make
hesitate to do
got in the mail from my
correction, don't
10
11
that; just let me know.
10
11
Q
A
And when did you first see it?
A
Now, the Court Reporter will take down all the
questions I ask, and all of your answers, and anything
12
few days ago.
called him and we talked.
as you understood them?
MR. HOROWITZ:
12
13
14
15
Q
A
Did you review it with your attorney?
I
13
14
15
16
that we
all
talk about here, but she can't record
a
nonverbal responses, like
nod of the head or that sort
Q
And what were the requirements,
of thing,
so
I'm going to try hard to say everything
Object to the form.
that
I
mean out loud, and I need you to state your
Do you understand that?
16
A
I
17
wasn't required to bring anything, just to come and
answers out loud, as well.
A
17
18 19
Q
A
tell the truth.
What have you done to get ready for this deposition?
I
18
Yes.
And everything is going to be transcribed, taken down.
19
Q
20
21
looked over
a
few papers.
We're going to assume
that we
are all on the record,
Do you
20
21
Q
A
What papers were those?
unless we all agree to go off of the record.
22
understand that?
A
22
23
24
Q
A
23 24
replays over and over in my head, and there's really nothing I can do to get ready for it.
Okay.
Did you look at any other papers?
My statements.
It
Yes.
You'll get an opportunity to review the transcript and
Q
(~
1
2
A
No.
Did you meet with your attorney?
8
make corrections to it, and then you must sign it.
Do
6
25
Q
you understand that?
1
A
Yes; this morning.
Did you meet with anyone else?
Yup.
And if your changes are substantial, if you make
a
2
lot
Q
A
3
4 5
6
Q
3 4 5 6
No.
Did you have discussions with anyone else to get ready?
of changes,
I also
have the right to make some comments
Q
A
about that.
A
No.
Did you prepare any notes to get ready for the
deposition?
Okay.
Do you understand that process?
Q
7 8 9
Q
A
7
8 9
A
Yes.
How are you feeling today?
No.
How much time did you spend getting ready for the
deposition?
10
11
Q.
A
Q
Nervous. Scared.
Are you taking any medication or drugs, anything that
would make it difficult for you to understand
questions?
10
11
A
Q
12
13
Ever since
something
I I
heard about it back in November. It's not
can forget once it comes up.
my
12 13
It just
14
15 16
replays over and over in my head.
Q
A
No.
Have you had any alcohol
in
14
the last eight hours that
Can you tell me how many days you spent getting ready-
Q
15
16
A
for the deposition?
would make it difficult for you to understand my
questions or provide answers?
A
17
18
Ever since I heard about it back in November.
Did you bring any documents to comply with the subpoena?
MR. HOROWITZ:
17
18
19
Q
No.
Are you sick at all; under
a
19 20
Object to form.
Q
doctor's care, or anything
A
No.
Lavetta, we have some Kleenex over here.
(
2~
23 24
A
that would make it difficult for you to understand my
questions or provide answers?
20
21
Q
A Q
Thanks.
I'm going to hand the subpoena also to Jean, and she's
going to mark it for us.
(Exhibit
No.
Is there anything that would prevent you from testifying
accurately
22
Q
23 24
and truthfully?
No. 12/22/200601:13:13
25
A
No.2 was marked for identification.)
,
25
PM
Q
Now, take
a
Page 5 to 8 of 120
look at this, it's marked as Exhibit 2. Can
I'\f
":;!Q
eh 0.0......
Case 1:05-cv-00186-FMA
1 2 3 1/
'--.
Document 33-3
9
Filed 02/12/2007
Q
Page 4 of 13
11
you flip to the third page -- let's go back to the first
page.
A
1
2 3 4
And do you have any documents in your possession,
Have you seen this before?
I
custody and control, which detail communications you had
with anyone referring or relating to those allegations
Yeah. This is the paper
And what
is it?
got in the mail.
Q
A
or communications that you had with Sergeant Kopf, that
The subpoena requiring me to be here for this
deposition.
When did you first see it?
A
5 6 7
8 9
A
you haven't already produced to the United States?
6
No.
And you live in Wounded Knee now?
7
8 9
Q
A
Q
A
few days ago.
is
Yes.
And how far is that from here?
Q
A
And
this your name in this block?
Q
A
10
11
Yes.
And what did you understand the subpoena to require you
to do?
10
11
It's about an hour and
Uhm-uhm.
a
half drive.
Q
Q
A
And did you grow up in Wounded Knee?
12
12
MR. HOROWITZ:
I
13
object to the form.
I
13 14
15
16
Q
A
How big is Wounded Knee?
14
15
16
A
Well, upon talking to my attorney,
wasn't required to
Not too big. It has about five hundred residents.
Where did you go to school?
bring anything.
Q
Q
A
Okay. Can you flip to the third page now? Please look
at the section that says "documents requested".
Did you
17
Growing up? Elementary,
School, and for high school
Schoól.
I
went to Batesland Elementary
I
17
18
19 20
21
A
went to Red Cloud High
make any efforts to comply with this subpoena?
MR. HOROWITZ: Object to the form.
18
19
Q
A
And where
is Red Cloud
High School?
Like
I
said, upon talking to my attorney
a
I
wasn't
20
21
In Pine Ridge, South Dakota.
And did you live in Wounded Knee all through high
school?
required to bring anything.
Q
Q
22
23
Let's take
look at number one. What were the
22
23
A
documents that you reviewed in connection with this
lawsuit?
A
Yes.
What are your parents' name?
Emerson and Jerilyn Elk.
12
24
24
25
10
Q
A
V-~
1"-1
Just my statement.
Q
And what documents have you prepared in connection with
this lawsuit?
1
2
Q
A
Where do they live?
2
3 4 5 6
A A
Wounded Knee.
How far
a
I
didn't really prepare anything. When
I
was asked to
3
Q
A
part do you all live from each other?
do
the-MR. HOROWITZ:
4
We live
I
in the same home.
a
Interrogatories.
5 6 7 8 9
Q
A
Do you have
big extended family?
7
8
Q
was asked to answer interrogatories, but other than that -And do you have any documents in your possession or
custody or controi which relate to your allegation that
I
have
a
huge family, yes.
Q
A
Lots of aunts, uncles and cousins?
Yes.
Do any of your relatives live around Wounded Knee?
9
Q
A
10
11
you were sexually assaulted by Sergeant Joseph Kopf that you haven't already provided to the United States?
A
10
11
Yeah. We all live around Wounded Knee.
And are you married?
Q
A
12
No.
Do you have any documents in your possession, custody or
control relating to your allegation that you have
12
Yes.
When did you get married?
13
Q
13 14 15
16
17 18
Q
A
14
15 16
17
In January of '03.
And how did you meet your husband?
suffered and continue to suffer from severe anxiety,
depression, shame, humiliation,
Q
A
the inability to lead
a
At
his holiday barbecue.
normal life and psychological and emotional trauma, and
Q
A
Which holiday?
18
that your injuries are persistent, permanent and
debilitating
in
Christmas.
And when was that?
19
nature
n
19
Objection
Q
A
C
2'2-
20
MR. HOROWITZ:
Q
to form.
20
21
In December.
Where did you
all meet?
-- that you haven't already provided to the United
States?
Q
A
What state?
22
Object to the form.
I
23 24
25
3
Abilene, Texas.
Do you have any children?
I
MR. HOROWITZ:
A
23
Q
A
There are no documents that
what
I
can produce. It's just
24
25
Yes.
have one son.
1""l/'''I'nn~
"
go through every day.
Q
of 39 sh eets
How old is your son?
...........
nft.,.
Pace 9 to 12 of 120
Case 1:05-cv-00186-FMA
1 2
3
A
Document 33-3
13
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Q
A
Page 5 of 13
15
Seven months old.
And what's his name?
1 2
3 4
When was he
in
the Army?
I
Q
A
He was in the Army when
got out of high school. I'm
George, Junior.
And when
is his birthday?
not sure of the year.
Q
Q
""
Did you talk about any personal issues the first time
A
May 3,2006.
Is he pretty active?
5 6 7
8 9
A Q A A
you talked to Sergeant Kopf?
6
7 8
9
Q
A
No.
During high school, were there other times that you saw
Yes.
Does he keep you on the go?
Q
Q
A
Sergeant Kopf
in
person?
Yes.
Is he
a
10
11
Yes, throughout my junior and senior year.
Please tell me about the other times that you saw him?
Q
A
good sleeper?
10
11
No.
And how old are you, Lavetta?
12
13
As the time went on he would ask me about my family, how
they served; where they went, and he seemed to know -like he asked names of who my family members were, and
Q
A
12
I'm 22.
When
is
13
your birthday?
14
15
16
Q
A
14 15
16
he came and he told me where they were when they died.
A
December 8th.
And what are some things you like to do for fun?
I
lot of the stuff he told me about my family
I
really
Q
A
didn't know.
Q
17 18 19 20
21
really don't do anything anymore, just stay home with
17
Did Sergeant Kopf talk about himself during those
family.
Q
A
18
19
A
meetings?
Do you hang out with friends sometimes?
Not at first. Towards the middle, the start of my
senior year, middle of my senior year he started telling
No.
Do you like to go to the movies?
20
21
Q
A
22
No.
Exercise?
22
me he was married and he had kids. And he would tell me stuff that he wanted to buy.
Q
A
23
Q
A
23 24
When you met, where were you at?
24
2,5.
Slowly starting to get back into it, yeah.
I
When we first met?
In these subsequent meetings.
16
Q
just wanted to clarify, when did you get married?
14
25
1 2 3 4 5 6
Q
(d
1 2 3
A I
said January of '03, but
a
I
mean, '04.
A
A
lot of times they were at the school in the
Q
Let's go ahead and talk
little bit about Sergeant
counselor's office.
Q
A
Kopf. When was the first time you met Sergeant Kopf?
A
Did you ever meet outside of the school?
4
5 6
My junior year of high school.
Where
did you
Couple times
I
met him, he wanted me to meet him at the
He would come to
Q
A
meet him at?
recruiting office here in Rapid City.
At the school, at Red Cloud High School.
What took place when you met?
I
my house and we would meet there.
Q
7
8
Q
A
7
8 9
How frequently did you come to the recruiting office
here
in Rapid City?
requested information about the military on the
9
internet, and he came to the school and he brought
documents about the military, about the Army.
Q
A
I
10
11
only came around approximately two or three times.
a
10
11
Q
A
It
wasn't
lot.
Did you request documents about the Army, or all
Was that your junior year?
12
13
A
branches of the Armed Forces?
12
13
My junior and senior year.
How often did Sergeant Kopf come to your house during
your junior year?
Just about the Army.
What did you talk about when you met him?
Q
14
Q
A
14
He
I
15
16
Just told me the benefits of being in the military.
asked if
I
15
16
17
A
My junior year, he came once my junior year.
What took piace when he came?
had any family members in the military, and
Q
A
17 18
19
told him, yeah, my grandpas and my uncles and my brother served, and I had a lot of cousins that were in the
military.
Q
A
He met my family.
He met my dad. He told him -- he
18
19
Q
A
just met my family.
What did you
all
talk about then?
20
(
2'L
Did you say your brother was in the Army?
20
21
Yes.
And what
is
The Army. He talked to my dad about -- he was asking my dad questions about my other family members that were in
the Army,
During your senior year did he come to your house?
Q
A
your brother's name?
22
23 24
Lloyd Elk.
And
is he still in
23
the Army?
Q
A
Q
A
24 25
No. 12/22/200601:13:13
25
Yes.
How often?
.4
Q
PM
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Q
A
Page 6 of 13
19
call was?
About two times
a
month.
1 2
What would you say the longest phone
Q
A
Were your parents always there when he came?
The longest was about half an hour to 45 minutes.
And who initiated the phone calls?
Not always.
What happened when he came over?
3 4 5
6
Q
A
f-.
\
6 7 8 9
Q
A
When my parents were there he would talk to my dad. He
He would call me or e-mail me and say, I have some information about the military, I need you to get in
mostly spent time talking to my dad. When they weren't
contact with me. So
Q
A
I
would call him.
there, he would stay outside, and we would talk on the
porch.
Q
A
7
8 9
You would return his call?
Yes.
MR. HOROWITZ:
What would you talk about?
Objection.
10
11
He would tell me, oh,
I
was just driving through and
I
10
11
Q
A
Would you call him?
I
wanted to stop by and see what you were doing. Or he
would ask me to go and talk to
join.
Q
A
a
would return his call or
I
I
12
13
would answer his e-mail.
I
A
recruit who wanted to
12
couple of times
would hear,
heard about the fiscal
13
14 15
16
Did you tell him personal things?
14 15
16
year starting in October, he would tell me that things would start over then, and like the field I wanted to
join would be wide open, and so around then I'd call him
As time went on we started to discuss personal things,
yes.
17
18
and ask him when it would be an appropriate time to
Q
What sort of personal things did you tell him about your
life?
17
18
19
20
21
join, because he said there was certain times that you could join and get everything you want and times you
could join and not get anything at all.
Q
A
A
Like
I
said, he talked to my dad
a
lot about my family
a
19
members who were in the military, so
lot of times he
a
20
21
Which field were you interested
in?
would ask about that, and he would catch me off guard
Nursing.
Did you give Sergeant Kopf your phone number?
22
23
couple times, you know, asking me, are things okay, or how are things doing. If somebody passed away he would
come, and he turned out to be
Q
a
22
23
Q A
Yes. He had it already. When
I
24
asked for information,
friend.
18
24
they required
Q
a
r/5
phone number.
When he would ask those sort of questions, would you
25
1 2 3
Was that
a
home phone number?
20
I~ 1
2 3
A
tell him how things were going?
A
Yes.
Did you have
a
Not at first. I would just say, they're okay, and leave it at that, even though he would still try to push me to
Q
A
cell phone at that time?
No.
Did you have his phone number?
4
5 6 7 8
Q
A
talk about stuff. But as time went on
up more to him.
I
started opening
4
5
Q
A
Yes.
His home number?
When do you think you started to open up to him?
6
7
Q
A
My senior year.
And then what sort of things would you share with him?
Yes.
I
had his home phone number, his cell phone number
Q
A
8
9
Q
A
9
and his work number.
How when did he give you those phone numbers?
If I
was upset about an argument
I
got into at home, I'd
10
11
talk to him about it, or something like went on at
school, I'd talk to him about it.
Q
10
11
Whenever we started getting
a
little bit more personal,
I
12
13
During high school did you speak with Sergeant Kopf on
12
13
would be upset about something, he gave me his home phone number in
case
Q
I
talking about personal things, and
the phone?
A
14
wanted to talk about anything.
call him and you
Yes.
How often?
14 15
16
a
When were some times that you would
15
16 17
18 19
Q
A
weren't just
A
returning his calls?
I
Not
lot, because he would just show up at school. But
Like
I
said, when
I
heard about something in the
in the
around my senior year is when we started talking on the
17
18
military or if
military.
Q
was curious about something
phone more.
Q
How often during your senior year did you talk on the
phone?
19
Did you ever call him just to talk about personal
issues?
20
(
2:;<:-
20
a
A
At first it would be around once
month, and after
a
21
A
He always offered, but
I
never did.
female recruiter.
They brought
January of '02, he would call like once
Q
usually
A
week.
22
Q
A
Did you talk to any Army recruiters?
I
a
23
24
When you were on the phone, how long did those calls
last?
23 24 25
requested to talk to
a
25
5 of
They would vary.
I
39 sh eets
female that just got out of boot camp, and after that wouldn't talk to anybody else.
1:>/')..,/")(H":.
Page 17 to 20 of 120
n1.1'2.1"2
DM
Case 1:05-cv-00186-FMA
1
Q
A
Document 33-3
21
Filed 02/12/2007
A
Page 7 of 13
23
You wouldn't talk to anyone else but Sergeant Kopf?
1
2
Yes.
Was that
a
2
3
Yes.
What made you interested
in joining
Q
A
paying job?
Q
A
the Army?
3 4 5 6
Yes.
Did Sergeant Kopf come to the hospital?
/'...
'.
6 7
8
Q
A
lot of family members that were in the military, and none of them were female, so I would
Like
I
said,
I
had
a
Q
A
Yes.
What happened then?
One time he came and he brought me flowers. Another
have been the first.
Did you see Sergeant Kopf in any social settings?
Q
A
7 8
9
Social settings as in-Did you go to the movies with Sergeant Kopf?
9
time he came and he said he wanted me to
fiIJ
out more
Q
A
10
11
paperwork.
Q
A
He asked
a
few times, but
I
a
refused.
volleyball game?
a
10
11
Did you fill out the paperwork?
Q
A
Did you see Sergeant Kopf at
Yes.
Can you describe your relationship at that time with
Sergeant Kopf?
12
Yes, for Lakota Nation Invitationals, he watched
few
12
13
Q
13
14 15
16
Q
A
of my games.
Did you talk to him at these games?
14
15
16 17
a
A
At that time he was
Did you consider it
a
a
friend.
Yeah. Noticing that he was there, he waved me over, so I went over to talk to him.
What did you talk about?
Q
A
romantic relationship?
No.
When did you finish high school?
17 18
19
Q
A
Q
A
He told me that he had other people,
lot of people
18
In May of '02.
What were your plans for after high school?
invited him to go see their matches, but he said he
19
Q
A
20
21
Q
heard they were playing, so he tried to make every game.
Did you enjoy seeing Sergeant Kopf?
20
21
At first it was to join the military, but
I I
got
a
scholarship to go to
college.
Q
A
a
good college, so
22
just went to
MR. HOROWITZ: Object to the form.
A
22
23 24 25
23 24
/'
2"
1
Q
A
really wouldn't call it enjoying, seeing him. It would be just like seeing a person along the way. It's not like -- I didn't look forward to seeing him.
22
I
What college
is
that?
Rockhurst University.
Where
is
Q
Rockhurst University?
24
\~
Did you stop speaking with Sergeant Kopf for
a
time?
1 2
3
A
Kansas City, Missouri.
What sort of scholarship
I
2 3 4 5 6
Yes.
Why was that?
Q
A
did you have?
I
Q
A
had
a
full ride scholarship. At the time when
I
first
He started asking me to the movies and asking me out, so I didn't talk to him for a few weeks.
Did you start talking to him again?
4
5
6
Q
A
started school my major was undecided, but as school
majored in biology. When did you start at Rockhurst?
went on
Q
A
7
8 9
really wanted to join the military, so, yeah, started talking to him.
Yes.
And why did you start talking to him again?
I
I
I
7 8
9
In August of '02.
When you were at Rockhurst, did you speak with Sergeant
Kopf on the phone?
Q
Q
A
10
11
Like
said, because
I
really wanted to join the
10
11
A
military.
Q
12
Did you consider asking to speak to any other Army
12 13
13
14
A
Not at first, but he would e-mail me, and he would ask -- he would e-mail me and he told me -- I told him about one of my grandfathers passing away, and he said that he
was concerned and he wanted to talk to me, so
I
recruiter?
gave him
Yes. Like
I
said,
I
a
asked for
a
female recruiter and
14
the phone number to school.
Q
A
15
16
17
they brought me
lady who just got out of boot camp and
I
15
16 17
Did you give Sergeant Kopf your e-mail address?
then he apologized and said he was only interested in
getting me in
He had it. Whenever
I
asked for information, that's
the military, so
a
just shook it off and
what they ask for
Q
A
is
18
19
Q
your e-mail address also.
stayed with him as
Did you work at
a
recruiter.
18
19
Is this
a
personal e-mail address?
a
hospital at any time during high
2Q
Well, wouldn't have
school?
A
20
worked at Pine Ridge IHS.
21
Q
A
çz
23
business one. It wasn't an e-mail address issued by Rockhurst?
No.
Did you have Sergeant Kopt's e-mail address?
Yes.
I
Q
When was that?
22
23
Q
A
A
24 25
It wasn't in high school, but it was the summer of '01, my junior year.
Is that the summer after your junior year?
PM
Yes.
When did you get that?
I
24 25
Q
A
Q
When
12/22/200601:13:13
first met him.
Paae 21 to 74 of 170
Case 1:05-cv-00186-FMA
1
Q
A
Document 33-3
25
Filed 02/12/2007
A
Page 8 of 13
27
Did he give it to you?
1 2 3
2
3
Yes, it was on his card.
Did you ask for his business cards?
Q
A
He would e-mail me, telling me he found out some new information about the Army, so when I would call, I
/c,
No. He gave it.
me.
would think that he would tell me about it, but he would
say, you' know,
I
It came with the
packet that he gave
4
5
\"
6
Q
just wanted to see how your day was
I
When you were at Rockhurst, did you have
computer?
a
personal
6
7
8 9
A
7
8
9
Q
A
had to do this today. He would tell me he had to go down, and he'll tell me he had to go to Sioux Falls; tell me about his day.
Would you tell him personal things?
going, or how was class; or
No.
Where did you check your e-mail at?
Q
A
10
11
Yes.
Did you talk to him about your friends?
In the lobby of the hall
Yes.
What dormitory was it?
I
I
was staying
in.
10
11
Q
A
Q
A
By hall, do you mean dormitory?
12 13
14 15
16
Yeah.
Did you talk to him about any boyfriends?
12
13
Q
A
Q
A
can't remember.
It was
mentioned once and he got angry, so after that
I
14 15
16
Q
A
never brought it up.
Did you talk to him about any family issues?
Q
A
How often did Sergeant Kopf e-mail you?
At first, once
17 18
19
week, and as time went on he e-mailed around, sometimes three times a day, sometimes it would
a
Yes.
17
18
Q
A
What sort of family
issues?
be once
call him.
Q
A
a
day. Usually he would e-mail and tell me to
At the time
19
20
21
Did you reply to his e-mails?
20
21
Q
A
wasn't getting along great with my dad, because he wanted me to stay closer to home, but I went off to school, so we got into arguments a lot.
How long were these phone calls usually?
I
Yes. Sometimes he would ask me how school was; what
22
23
Q
A
classes
I
had.
22 23
No more than half an hour.
Where did you receive these
calls at?
Would you tell him how school was?
Q
A
24
Yeah.
Did you guys e-mail about personal things?
24 25
26
{~
1 2 3
In my dorm room.
Did you give Sergeant Kopf the phone number to your dorm
Q
Q
28
on
A
A
few times he e-mailed me saying his wife cheated
a
1
2 3 4 5 6
A
room?
him, and he said he wanted to go through times they were personal, yeah.
Q
A
divorce. So
Yeah.
Did you have
a
Q
A
4
5
6
cell phone at that time?
Did you initiate any of the e-mails?
No.
Did anyone ask you about the phone calls you received
Once or twice.
Why would you send him an e-mail?
Q
Q
A
from Sergeant Kopf?
A
7
8
Like
I
I
and
Q
didn't have anybody, was the only one out there from my family.
said, my grandpa died, and
I
7 8 9
A
9
few people would ask, but it's not like of people in my room or anything.
Did you have
a
I
have
a
lot
Was it helpful to talk to him about when your
grandfather'died?
Q
A
10
11
A
roommate at that time?
10
I
Yes.
One roommate?
It
was -- like I said,
considered him
a
a
friend, so it
11
Q
A
12
was helpful to talk about
Q
lot of things.
12 13 14
13
Yes.
What would you tell people when they asked about the
phone calls?
During your time at Rockhurst, did Sergeant Kopf call
you on the phone?
Q
14
15
16
A
Yes.
Did you call him?
15 16
17
A
Q
A
17
18
They thought it was unusual but, you know, well, interested in joining the Army.
Did you enjoy these phone calls?
I
was
Yes.
And how frequently was that?
I I
Q
A
Q
A
18
19
19
20..
What do you mean by "enjoy"?
Did you like talking to Sergeant Kopf on the phone?
Like
said,
would read his e-mails and he would tell
a
Q
A
~':
23
Q
A
me to call him; once or twice
week.
20
21
::~Id
It
Like
I
said,
I
considered him
a
friend.
you call him on your own initiative?
Q
A
So you did like it?
22
You would only call him
It's not like
calling?
I
waited for him to call.
-talk about on the phone?
23
Q
24
25
7 of
Did you ever consider asking Sergeant Kopf to stop
was to return his calls.
did you
24
Q
What sort of things
25
Pace 25 to 28 of
A
39 sh eets
There was
a
time, yes.
DO
Case 1:05-cv-00186-FMA
1 2 3
Q
A
Document 33-3
29
Filed 02/12/2007
A
Page 9 of 13
31
Why did you consider asking him to stop calling?
1 2 3
4
Because he called me at three in the morning.
And didyou?
Yeah. planned on it, and then, you know, he came out and said, the field's wide open; do you want to join;
I
Q
A
you can get everything you want, so
Q
A
I
quit.
\.
6 7 8 9
Q
A
didn't get around to it. After that my grandpa died, so I didn't -Did you consider not returning his calls?
A
I
Was it difficult to give up your scholarship?
5
6
Yeah,
I
thought about it.
I
I
thought about it for
a
few
Q
A
days, and
few times
I
did.
I
didn't return his calls, and he
7 8
9
Q
discussed it with my family and they weren't happy that I was quitting, but they said if I wanted to
a
got angry. He got upset.
Did you start returning his calls then?
pursue
dream
I
had then they'd stick by me.
10
11
At the time you made your decision, had you already been
accepted into the Army?
Yeah.
While you were at Rockhurst,
did you
10
exchange any
11
A
Q
At the time
time
I
I
12 13
A
letters with Sergeant Kopf?
made my decision, he -- prior -- at the
I
12
13
made my decision he told me
had to redo my
He sent me
a
letter
in
the mail once.
paperwork.
Q
14
15 16
Q
A
Did you write him back?
14
So what was your understanding of the steps you needed
No.
What was the letter about?
15
16
A
to complete?
I
Q
A
17
18 19
needed to go back to Sioux Falls was my understanding.
Actually twice, because the first time he s.ent me a letter and he just told me South Dakota misses you,
17
18 19
Q
A
And do what at Sioux Falls?
Dò the entrance processing and stuff.
Did you like being at Rockhurst?
basically. And then the second time he sent me the
enlistment papers again.
Q
A
Q
A
20
21
20
21
Yeah.
It
was different.
Did you give Sergeant Kopf your address?
Q
A Q
Did you enjoy it?
22 23
Yes.
When did you give him your address?
22
23
24 25
30
Yeah.
When you returned from Rockhurst, were you living with
your parents?
Q
A
24
When he asked for it.
When did he ask for
it?
~.. I'~. 1
2 3
Q
A
Yes.
32
A
During one of our phone calls.
day.
Did you have his address?
I
I
can't remember the
1
2 3
Q
A
Do you like living with them?
It's security; yes.
After you returned home
on the phone?
did you speak with Sergeant
Q
A
Q
Kopf
4
5 6
had his address to the recruiting office.
4
5 6
A
Q
A
Did you have his home address?
Yes.
How often?
No.
During your time at Rockhurst, did you ever see Sergeant
Q
A
7
8 9
Q
7
8
That whole week straight, whenever we went through my
grandpa's funeral, wake and funeral, he called to see if we were okay, and if we needed anything.
Kopf
A
in person?
a
10
11
Q
A
couple times he was going to come down as far as Ft. Riley, but other than that -But you didn't see him?
No. He stated
9
10
11
Q
A
How often during that week?
About once
a
12
13
day.
No.
Did you tell your parents that you were talking to
12
Q
A
After that week?
Q
13
14 15
16 17 18
A
After that week, once every other day.
What did you talk about?
Sergeant Kopf?
14
15
16 17
Q
A
They knew, yes.
Did they approve of that?
Me getting into the military.
Did you talk about any personal issues?
Q
A
Q
A
They didn't think nothing of it.
When
did you return
He would ask me how I'm doing, if I'm okay.
Would you answer?
Q
A
home from Rockhurst?
18
19
Q
A
19
2Qn
In September.
So, how long were you there at Rockhurst?
Yeah.
How long were those calls, usually?
Q
A
(
2Z
23
20
21
Q
A
Two months.
Why did you come home?
They weren't too long; about 15 minutes.
Did you ever call him?
Q
A
22
I
Q
A
Initially my grandpa died so
came back for his
23 24
25
Yes.
What number did you call when you called him?
I
24
25
Q
funeral.
Did you plan to go back to Rockhurst?
PM
Q
A
can't remember
a
12/22/200601:13:13
number.
o
Page 29 to 32 of 120
"".ç
')0
.............,,~...
Case 1:05-cv-00186-FMA
1 2 3
Q
A
Document 33-3
33
Filed 02/12/2007
Q
A
Page 10 of 13
35
Was it his business number?
1
2 3
Was Sergeant Kopf?
Yeah.
I
would only call his work phone.
Yes.
What took place at the hotel?
Q
And was his work phone, did it go to the recruiting
station?
Q
A
<:
6 7 8 9
4 5
a
A
Yes.
Did Sergeant -- did you know if Sergeant Kopf had
Q
He said that my paperwork was misplaced again, and since he had his computer, he wanted to enter my information
cell
6
straight into his computer.
Q
phone?
A
7
a
How did it come about that you went along to the hotel
with him?
Yeah, he had
cell phone.
8 9
I A
Q
A
Did you ever call his cell phone?
10
11
He wanted me to go with him to talk to
a
He would call me from his cell phone, but
call him.
Did you ever call Sergeant
recruit who
would never
10
11
was, she was interested
in joining but she wasn't sure,
12
13
Q
A
because she didn't know of any other females that were
Kopfs home phone number?
12
13
Q
A
joining the military at the time.
Did you talk to that recruit?
No.
After you returned home did you exchange e-mails with
Sergeant Kopf?
14
15
16
Q
14
15
16
A
No. He went in and he said he was going to bring her out but he didn't. He just went in and talked to her
Yes. We would talk about me getting into the military.
Do you have
a
17
Q
A
and then he came back out and we left.
Q
A
computer at home?
17
18 19
Bring her out from where?
18
19
At the time, no. Presently, yes.
At that time where would you check your e-mail at?
Her house.
And tell me what happened after that?
Q
A
Q
A
20
21
At the college center.
Which college center?
I
20
21
After -After you left the recruit's house?
Q
A
Q
A
22 23
would either go to Manderson or Pine Ridge.
22
23
He talked to -- he drove to another house and he talked
Q
A
Would you e-mail about any personal issues?
24
No. On the e-mails we just talked about me being in the
24
(
1 2 3 4 5 6 7 8 9
Q
A
military.
34
Q
25
1 2
3
Q
A
male, and from there we drove to Martin, and then that's where we ended -- he got something to eat and then we ended up at the hotel.
a
to
36
And after you returned home from Rockhurst, did you see
What was the name of the hotel?
I
Sergeant Kopf
A
in person?
don't remember.
Yes. The day after
I
got home, he showed up at my
Q
A
Did you ask to go along on this trip?
house.
Do you remember the day that you got home?
4
5
He asked me.
And you agreed to it?
Q
A
No.
What took place when you saw him that first time again?
6
7 8 9
Yeah.
What took place at the hotel?
Q
A
Q
A
Nothing. He showed up. He said, hi. He said he was glad I was back. Like I said, he was a friend, so I
didn't think nothing of it.
After he said that, what sort of things did you say?
10
11
Q
A
10
11
said, he said that my paperwork was lost, so he needed to take my measurements again, and since he had his computer he could take my measurements and enter it
Like
I
12
It
13
was good to be home, because me and my family are close.
After you returned home
Sergeant Kopf?
did you visit
a
12
into the computer and we wouldn't have to worry about any paper work.
Q
A
13
Did you go in his room to do that?
14
15
16
Q
hotel with
14
15
Yes.
Did anything else happen?
Q
A
A
Yes.
When was this?
I
16
17 18
Q
A
He took my measurements, and we were leaving he kissed
17
I
me.
Q
A
I
got mad and
I
shoved him, and he walked by me and
don't remember the exact date.
got back in
18
-19
19
he was going to take me home.
Did he stop after you had shoved him?
September, so it was around September or October.
Q
':I.
('
20
Where was this hotel?
20
21
In Martin, South Dakota.
How far away from Wounded Knee is Martin?
2Z'
23
Q
A
Yeah. He got mad and he just walked right by me and said he was going to take me home.
He kissed you one time?
22 23 24 25
Q
A
It's about
a
half hour, 45 minute drive.
24
25
9 of
Uhm-uhm.
Did he do anything else to you?
Q
A
Were you staying at the hotel?
No.
Q
A
39 sh eets
No. He got in his car and he drove
a
few miles and he
1")"" I'n"~
not .04""},""")
r'\11..4
Page 33 to 36 of 120
Case 1:05-cv-00186-FMA
1 2 3
Document 33-3
37
Filed 02/12/2007
Q
A
Page 11 of 13
39
stopped, and
him and
I
got mad, because he said he was going to take me home, but he didn't. And he asked me if I liked
told him, no. He got frustrated and we drove to Batesland and he pulled over again. So I got mad and
I
I
1
What took place at the MEPS?
I
2 3 4 5
6 7 8
went
a
in and I got weighed; I got measured.
I
talked
to
(
~>
different, another man, and he told me to pick what field I wanted to be in, so I told him nursing. I
told him that
I
had friends in Batesland and if he
6
waited for awhile after they finished
up with everybody.
7
8
9
wouldn't take me home, I'd just get a ride with one of them. And he apologized, and he said he was sorry, that
he was going through problems with his wife. So
I I
Kopf came in and said congratulations, and gave me a bag, like a shoulder bag, and he gave me a T-shirt, and
he gave me
Q
A
a
told
paper that says "Welcome to the Army".
him that whatever it was, it didn't concern me and
9
The other man you talked tOI was that an Army member?
10
11
didn't want to get involved in anything, so he drove me
10
11
Uhm-uhm.
Do you remember his name?
home.
Q
Q
A
12
How far were you driving?
for?
How long were you driving
12
No.
What was your weight at that time?
I
13 14
15 16
A
13
I
Q
A
How long was
That's
for?
a
driving?
How long were you
all in
14
the car
170,
believe.
Q
bad question.
15
Q
A
Did Sergeant Kopf take your weight at the MEPS station?
16
a
No, some woman did.
Was it your understanding that you were qualified to
enlist in the Army at the MEPS station?
17 18
19 20
21
A
I
guess the ride from Martin is
half hour, 45 minutes,
17
Q
so around that.
Q
A
18
19
A
How long were you stopped outside of Batesland?
Yes.
Did you meet the weight requirement?
I
Not too long. Just
a
few minutes.
20
21
Q
A
Q
After he kissed you, did you feel comfortable continuing
22
23
A
to -I
22
I
waited awhile and they finished up with everybody and Kopf came in. I was
said,
have no idea. like
I
I
was mad.
just wanted to go home.
getting back in the car with
23 24
25
38
24
Q
Did you feel comfortable
C
1 2 3
Q
A
A
25
sitting in the room where the vending machines are, and he came in and he gave me that bagl a T-shirt and a
Sergeant Kopf?
paper that says "Welcome to the Army".
40
Q
A
I
hesitated.
I
wasn't too comfortable with it.
I
was
1
Did you keep that paper?
more angry than anything.
Did you tell anybody about this experience?
I
2
3
No. After everything happened,
didn't -- he gave me lot of stuff, key chains that said Army on it, and I
I
a
4
5 6
No.
didn't tell anybody.
4 5
6
Q
A
just threw all those away.
Was the paper addressed to you?
Q
A
Did you travel anywhere else with Sergeant Kopf?
After that, no.
Did you go to the MEPS station with Sergeant Kopf?
7
8 9
It
says "To new recruit," and it says like in italic
Q
A
7
8 9
Q
A
words, "Welcome to the Army".
Did you sign any enlistment papers at the MEPS station?
I
Yes.
When was that?
I
Q
A
signed some yellow papers.
I
10
11
He just came in and said
don't remember the date. Maybe November.
I'm not
10
11
you need to sign these.
signed another paper for
sure.
Q
A
permission to get
Q
A
a
12
shot. That was it.
a
Where was the MEPS located?
12
13
Did you keep copies of these papers?
13
Sioux Falls.
How long does it take to get to Sioux Falls?
He said he was going to give me
a
copy. He had to make
14
15
16
Q
A
14 15
16
Q
copy of it to put in my folder that he had in his
About six hours.
Was that an overnight trip?
office.
Q
A
What was your understanding of the next steps you needed
to join the Army?
17
18
It
was
a
day trip.
17
Q
A
Did you stay there overnight?
18
19
A
He told me
I
was
in
a
19 20
program where
I
had to wait for
I
Yes.
Where did you stay at?
I
awhile for
Q
A
a
field to open up; delayed entry
think it
Q
20
21
23
(\
2:2.--
was, delayed entry program.
Did you have an enlistment date?
I
don't remember.
a
Q
Did you stay at
hotel?
22
23
was told to go back in April. He said
I
was supposed
A
Yeah.
Did Sergeant Kopf stay at that hotel?
a
to go back in April.
Q
A
24
Q
A
24 25
Go back where?
No. He stayed at 12/22/200601:13:13 PM
25
different hotel~
To Sioux Falls.
10 of 39 sheets
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Case 1:05-cv-00186-FMA
1
2
3
Q
A
Document 33-3
41
Filed 02/12/2007
Page 12 of 13
43
To the MEPS station?
1
2
3
I
Yes.
Did they say what would happen in April?
uncle was reenlisting for the Reserves, and he needed to talk to somebody, so I gave him Kopf's name, so he went
Q
A
to go see Kopf at the reserve station in the Mall. And
whenever he walked in he said he overheard somebody
telling Kopf that his girlfriend from Kansas City
/".
(.
6
No. He just said from that time until then
would have
a
4
5
to just keep getting my height and weight done and
re-evaluation.
Q
A
6 7 8 9
7
8 9
called, and he mentioned my name. So my uncle
Did they ask you to lose any weight?
confronted him about it, and told him he didn't
appreciate it. And my uncle is the one that called me and told him. So I called him and asked him about it.
At first he denied it, and then after later on he said,
They asked me to keep running, to keep working out, to start a workout program.
Was the workout program designed to help you lose
weight?
10
11
Q
10
11
they were just joking about it.
Q
A
12 13
A I
MR. HOROWITZ:
Object to the form.
12
13
a
Did he say why they would make that joke?
have no idea.
No.
After that conversation
you had with Sergeant Kopf, did
14
Q
Did you tell your parents you were going to enlist on
14
Q
15
16 17
18
19
A
certain date?
I
15
16
17
A
you ever hear anyone call you his girlfriend?
told my parents that -- I showed them the bag and the shirt and everything I got, and they asked me for a
date, and
I
No.
What's your uncle's name?
Q
A
told them they didn't give me
a
date yet,
18
19
Richard Black Elk.
MS. CULLEY: I think we will take
break.
a
that
Q
I
had to wait until April.
lO-minute
20
21
Did anyone go along with you and Sergeant Kopf on this
trip to the MEPS statio n?
20
21
(A break was taken from 10:15 to 10:25.)
MS. CULLEY:
Q
22
23
A
Yes.
Who?
22
23
Back on the record.
Q
A
Lavetta, did Sergeant Kopf recruit any other members of
24
Another female.
What was her name?
42
24
25
A
your family?
~~
2 3 4 5 6 7 8 9
25
Q
Yes, my little brother.
44
A
Tonya.
Had you met Tonya before?
1 2 3 4 5 6
Q
A
What's your little brothers?
Q
A
Emerald.
Did Emerald join the Army?
Yeah. She went to school with my little brother.
Did you know her last name?
I
Q
A
Q
A
No. E-M-E-R-A-L-D.
And when you returned home from Rockhurst, were your
don't remember.
Q
Q
A
Did Tonya stay at the same hotel you did?
parents aware of your relationship with Sergeant Kopf?
MR. HOROWITZ:
A
Yes.
Before you went to the MEPS station, did Sergeant Kopf
7
8 9
Object to form.
Q
Like
I
said, we were friends.
require you to do any exercising?
A
Q
Dfd your parents ever talk to you about that
relatio nsh ip?
10
11
While
I
was at school
I
I
started running, and whenever I
any
I
10
11
A
came back
was still running so he asked if I did
I
No. We were just friends.
Do you know Nicole Kocier Johnson?
I
12 13 14 15 16
Q
A
exercises, and
told him
was running, and he told me
any exercises?
12
13
Q
A
to start doing push-ups and sit-ups.
That day
in Sioux Falls did you do
know of her.
14
15
16 17 18
Q
A
How do you know of her?
I
No.
Would you
still
know she used to go to school with my older brother,
I
Q
describe your relationship with Sergeant
and then after that,
17
18
19 20
A
never heard from her until my
Kopf as one of friendship at this time?
story went to the newspaper.
Q
A
At this time? No.
How would you describe it?
What's your older brother's name?
Q
A
19 20
friend?
Jeremy Elk.
Have you ever spoken with Nicole Koeler Johnson?
No relationship at all.
You no longer considered
Q
A Q A
'l_
23
7/
Q
A
him
a
21
No.
How did you learn of any Nicole Kocier Johnson?
After what happened, no.
Did you ever hear anyone call you Sergeant
22
Kopfs
Q
23
At the time
a
24
25
A
girlfriend?
I
group called Changleska was helping me.
a
24
I
And when my story went to the newspaper, she contacted
didn't hear -- well,
heard it -- at the time my
Page 41 to
11 of 39 sheets
woman named Leah Tassel and told her about what 44 of 120 12/22/200601:13:13
25
PM
Case 1:05-cv-00186-FMA
1
Document 33-3
45
Filed 02/12/2007
than one.
Q
Page 13 of 13
47
happened.
Q
A
1
is
2
3
What
is
Changleska; what
that?
2
3 4 5
6
It's labeled Elk 00037.
What were your symptoms on
It's
a
group that helps women in domestic violence and
January 6, 2003?
A
l~"
\
Q
single mothers.
When did you start working with them?
A
Diarrhea, fever, muscle cramps.
Where were you treated at?
Q
A
6
Like
a
week after the incident
in
January of '03.
7 8 9
Pine Ridge IHS.
Do you remember who examined you?
I
Q
A
Did you ever speak with Nicole Koder Johnson?
7
8 9
Q
A
No.
Did you ever meet her?
don't remember the doctor.
I
Q
A
can't tell who signed
10
11
either.
Q
No.
Did you talk with anyone at Changleska about Nicole
10
11
Q
Does Pine Ridge Indian Health -- repeat what the name of
the hospital?
12 13
A
Kocier Johnson?
12 13
A
Pine Ridge Indian Hospital.
Does it have different departments?
Just what
I
just told you. She told Leah Tassel, and
Q
A
14
15 16
Q
A
Leah told me, there's another
woman that -- she had an
14
15
16
It's one big hospital, and
I
it has
a
incident with Sergeant Kopf.
And what is Leah Tassel's job?
woman's clinic where
usually go.
can't remember it.
I
a
Q
A
17
18
19
Did you go to the women's clinic on January 6, 2003?
I
She's an advocate for Changleska.
As an advocate, what did she help you with?
17 18
Q
A
an ER visit.
Q
A
can't tell if this was -- maybe can't tell. I can't remember.
I
20
21
She helped me -- through them I had my first attorney B.J. Jones, and that's what she helped me with. She went with me to a few of the meetings I had. She went
with me to counseling sometimes.
Okay.
Let's turn to January 6, 2003.
On January 6,
19
20
21
Did you take
I
pregnancy test at the clinic?
don't remember.
wasn't feeling too good.
was throwing up, and
I
Q
A
22
23
Q
Do you remember why you went to the hospital?
I
22
23
I Q
24
2003, how was your health?
A
couldn't eat. couldn't even hold water down.
I
remember
I
24 25
46
1 2
~~.
How long had you been sick when you went to the
hospital?
G.ood.
(
't'
2 3 4 5 6 7 8 9
Q
A
48
A
Did you have any illness or sickness?
About
a
few days.
No.
MS. CULLEY:
Q
A
Did you go by yourself?
I'm going to hand some documents to
3
Yeah, but my sisters met me there.
Were you examined by yourself?
Jean.
(Exhibit No.3 was marked for identification.)
MR. HOROWITZ:
4
5 6 7
Q
A
Yes.
Did your sisters sit in the waiting room?
What are these?
Q
A
MS. CULLEY: These are Plaintiff's Answers to
Yes.
Defendant's Second Set of Interrogatories
of request for production.
Q
and first set
8
9
Q
A
What's the names of your sisters?
10
11
Emmaline Elk and Daverine Elk.
Do you remember if the doctor gave you any sort of
diagnosis?
Lavetta, please take
a
look at them.
Can you identify
10
11
Q
these, please?
A
12
These are my medical records.
Did you submit these to the United States?
I A
12 13
A
I
13 14
15
16
don't remember.
I
Q
A
Q
A
Did you get any medicine on January 6, 2003?
signed
a
release for them.
14
15
16
Well, it says
No.
got Tylenol and two others.
Q
A
release form for what?
Q
A
Were you sexually active at this time?
To release my medical records.
Are these the documents that you submitted through your
attorney to the United States?
17
18 19 20
Q
17 18 19
Q
A
And you don't remember taking
a
pregnancy test?
Well, it says I did.
MR. HOROWITZ:
A
Yes.
Do you remember going to the doctor's office on
No, it doesn't say
that.
Q
20
21
MR. WEBB:
r
It's inappropriate.
No, it doesn't say
January 6, 2003?
A
MR. HOROWITZ:
MR WEBB:
that.
~. 23
24
Vaguely, yes.
Were you sick on that date?
22
Counsel, the witness can answer the
You should not be
Q
A
23
24
question.
instructing
You can make objections.
Yes.
MR. HOROWITZ:
13: 13 PM
25
12/22/2006 01:
the witness on the answers she should be
January 6th. There might be more
25
providing.
12 of 39 sheets
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