Free Answering Brief in Opposition - District Court of Delaware - Delaware

Case 1:04-cv—OO970-JJF Document 105-2 Filed O2/21/2007 Page 1 013

Case 1 :04-cv—OO970-JJF Document 105-2 Filed O2/21/2007 Page 2 of 3
41
I I A. Okay. 5
2 E MS. BREWINGTON: Don‘t let me forget that.
3 5 BY MS. BREWINGTON;
4 I Q. I will get more information and then I will ask
5 you about it because I really don't know, I didn't
6 know there were several different codes or anything.
7 A. Okay.
8 ` Q. This April I0, 2003 meeting, did Terry Snyder
9 i tape this conversation?
I0 A. In the meeting I recall she said she was taping
ll it at the time. I
I2 S Q. Did you see a tape recorder?
I3 A. I did not see a tape recorder if she had one. Q
I4 ; MS. RREWINGTON: If I could have that y
I5 marked as Ryan 3.
I6 (Ryan Deposition Exhibit No. 3 was marked
I? I for identification.)
I8 E BY MS. BREWINGTON:
IQ 2 Q. I'm going to give you an opportunity to review
20 Q what I just put in front of you. It has been
2l ) previously marked as Ryan 3, I believe.
22 E A. (Reviewing document) Okay. ;
23 Q. If you could read for me out loud the last
24 sentence of the second, the two last sentences —— the
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Registered Professions;) Reporters

Case 1 :04-cv—OO970-JJF Document 105-2 Filed O2/21/2007 Page 3 of 3
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1 second—te—last sentence and the last sentence in the
2 E second paragraph beginning with "Terri."
3 } A. "Terri then turned the tape recorder back on
A and left it on. She took it from the tabletop and put
5 it in her pocket."
6 Q. Dees that refresh your recollection in terms of
7 whether she hed, whether you sew her with the tape
8 recorder?
9 A. Yes.
10 Q. And is it fair to say that she hed the tape
11 recorder on the tabletop?
12 A. Yes.
13 Q. And that she then put it in her jacket?
14 A. Yes.
15 Q. 1s it also fair to say that yon and Dewnie were _
16 aware that the tape recorder was turned beck on?
17 A. Yes.
18 Q. 1 would like to play a recording for you, if 1
19 couldn
20 MS. BREWINGTON: Go off the record.
21 (A brief recess was reken during which e
22 é tape recording was played.) Q
23 E BY MS. BREWlNGTON: 3
24 5 Q. Did Downie ask you to escort her off the
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