Deposition of David Acosta






3 VS. )

) CAUSE NO. 814461-0










12 FEBRUARY 8, 2001









ORAL DEPOSITION OF DAVID ACOSTA, produced as a witness

21 duly sworn by me at the instance of the Plaintiffs, taken

in the above-styled and numbered cause on the 8th day of

22 February, 2001, from 9:56 a.m. to 10:40 a.m., before

Mylinda Tubbs Faircloth, Certified Shorthand Reporter

23 No. 2896 in and for the State of Texas, via machine

shorthand, at the offices of Elite Reporting Service,

24 Inc., 3637 W. Alabama, Suite 110, Houston, Texas 77027,

pursuant to the Federal Rules of Civil Procedure and the

25 provisions stated on the record.


1 A P P E A R A N C E S




499 14TH STREET, SUITE 220

4 OAKLAND, CA 94612




1227 25TH STREET N.W.

7 WASHINGTON, D.C. 20037

























4 Examination by Mr. Siegel....................4

5 Reporter's Presignature Certificate..............37

6 Witness's Signature Page/Corrections.............38

7 Reporter's Postsignature Certificate.............40




















1 P R O C E E D I N G S

2 FEBRUARY 8, 2001


4 having been first duly sworn, testified as follows:



7 Q. Okay. Would you state your full name, please.

8 A. David Garcia Acosta.

9 Q. Okay. And your address?

10 A. Houston, Texas.

11 Q. Okay. How about something a little more

12 specific?

13 MS. POTTER: He doesn't want to give --

14 I'll object to that. He -- he -- because of the threats

15 he's gotten and harassment, he doesn't want to give

16 either a residence or a business address.

17 Q. (By Mr. Siegel) Are your addresses generally

18 secret?

19 A. When my family has been harassed, I tend to

20 keep it secret.

21 Q. Okay. What do you do for a living?

22 A. I'm a certified public accountant.

23 Q. Okay. Who do you work for?

24 A. I'm self-employed.

25 Q. Okay. What is your date of birth?


1 A. 8-11-53.

2 Q. And have you ever had your deposition taken

3 before?

4 A. No.

5 Q. Never?

6 A. No.

7 Q. Okay. Let me for the record give you some

8 instructions about the procedures today. As I indicated

9 earlier, my name is Dan Siegel. I represent the

10 plaintiffs in a case called Adelson versus Pacifica

11 Foundation. I'm here to ask you questions and find out

12 what you know about issues that I think are important in

13 the case. And I will do my best to ask clear questions.

14 And if you answer them, I will assume that the questions

15 were clear and that you understood them. So, my first

16 request to you is that you let me know if I ask a

17 question that is unclear so that I can rephrase it. Is

18 that understood?

19 A. Yes.

20 Q. Okay. Secondly, in order to make a clear

21 record, we're both going to have to converse in words in

22 the English language, rather than using gestures or

23 sounds like "uh-huh" or "huh-uh" that we might use in

24 casual conversation. Also, it's important that we not

25 interrupt each other. Sometimes it may be clear to you


1 what my question is before I finish it, but I request

2 that you let me finish the question and I'll do my best

3 not to step on your answers. Do you understand that?

4 A. Yes.

5 Q. Okay. At any time in the course of the

6 deposition if you want to take a break to consult with

7 counsel, to take a rest, for whatever purpose, just let

8 us know. We're not here to tire you out, and you can

9 take a break whenever you like.

10 At the conclusion of the deposition, the

11 court reporter will have it transcribed like this booklet

12 here. You'll be given an opportunity to review it. At

13 that time, you can make corrections in the deposition

14 transcript. You could even change your answers if you

15 conclude that you want to do so. However, if the

16 deposition is used later in this case in hearings or a

17 trial, I would have the right and the opportunity to

18 comment upon any changes that you make in the deposition

19 transcript. Do you understand that?

20 A. Yes.

21 Q. Okay. You are under oath today. You're

22 testifying under penalty of perjury just as though you

23 were in a court of law. Do you understand that?

24 A. Yes.

25 Q. During the course of the deposition, your


1 attorney may make objections to some of the questions

2 that I ask. The purpose of doing so is to preserve those

3 for the record. Obviously, there's no judge here to rule

4 on the objections. So, you'll have to answer the

5 questions even if there is an objection unless she

6 instructs you not to answer because she believes the

7 question invades a privilege that is protected by law.

8 Do you understand that?

9 A. Yes.

10 Q. Okay. Do you have any questions about the

11 procedures for the deposition today?

12 A. No.

13 Q. Is there any reason today by virtue, for

14 example, of fatigue, illness, or use of medication as to

15 why your memory may be impaired?

16 A. Can you ask that question again?

17 Q. Sure. I'm trying to find out whether you

18 believe that your memory is impaired by reason of

19 fatigue, illness, or use of medication.

20 MS. POTTER: Is there anything different

21 about today --

22 THE WITNESS: Oh, as far as my memory --

23 MS. POTTER: -- so that your deposition

24 can't go forward?

25 THE WITNESS: -- that's going to affect my


1 memory that would be otherwise --

2 MS. POTTER: Right, right.

3 THE WITNESS: -- normal?

4 A. Not to my knowledge, I don't have anything.

5 Q. (By Mr. Siegel) Okay. Could you give me your

6 educational background, please?

7 A. Starting where?

8 Q. Starting after you graduated from high school.

9 A. Okay. I've got a bachelor of business

10 administration degree from the University of St. Thomas

11 here in Houston. I was certified as a certified public

12 accountant in 1989, January.

13 Q. Okay.

14 A. And I've practiced as a CPA since then.

15 Q. Okay. When did you get your bachelors in

16 business administration?

17 A. In 1988.

18 Q. Okay. You indicated earlier that you were

19 self-employed as an accountant. Have you been

20 self-employed since 1989?

21 A. Yes.

22 Q. Okay. So, you've always been a self-employed

23 accountant; is that correct?

24 A. When you say "always" --

25 Q. During the --


1 A. -- since I graduated and got my CPA

2 certificate --

3 Q. Yes.

4 A. -- is that what you mean?

5 Okay. Since then, I've been

6 self-employed.

7 Q. Okay. What sort of work did you do before you

8 got your CPA certificate?

9 A. Since when?

10 Q. Since, say, you graduated from high school.

11 A. Since I graduated from high school. You want

12 every job I've ever held?

13 Q. Well, not if you just had a job for a couple of

14 months or something like that, but I want to find out

15 what sort of work you did before you became a CPA.

16 A. I worked as an accountant for about three

17 years. I worked as a campaign manager for two or three

18 years, around there. And in between and during, I worked

19 as a musician.

20 Q. Okay. What kind of music did you do?

21 A. What genre? What category, genre?

22 Q. Sure.

23 A. Rock. If you want to call it something, rock.

24 Q. Okay. Now, when you say "campaign manager,"

25 political campaign manager?


1 A. Uh-huh, yes.

2 Q. Okay. All right. Now, can you tell me when

3 you first became involved as an active volunteer with the

4 Pacifica Foundation?

5 A. I believe it was 1994.

6 Q. Okay. And how did you become involved?

7 A. I'm trying to think. I met a programmer on the

8 station, and I wanted to get our album that I had

9 produced and recorded played. And so, I became an

10 acquaintance of this gentleman, who happened to be on the

11 local advisory board.

12 Q. Okay.

13 A. And then -- I don't remember -- sometime after

14 that he asked me if I would be interested in serving on

15 the board.

16 Q. On the local advisory board?

17 A. Correct. On the local advisory board.

18 Q. Okay. What was his name?

19 A. Rick Heysquierdo.

20 Q. How do you spell Heysquierdo?

21 A. H-E-Y-S-Q-U-I-E-R-D-O.

22 Q. And when he asked you to be on the local

23 advisory board, did you agree?

24 A. Not immediately.

25 Q. Okay. At some point did you agree?


1 A. At some point, yes.

2 Q. How long afterwards?

3 A. I -- I can't remember exactly how long it was.

4 Q. Okay. Do you recall whether you were elected

5 to the local advisory board?

6 A. Yes. I believe I was elected to the local

7 advisory board.

8 Q. And were you present when there was an

9 election?

10 A. Was I present? I don't -- I don't remember if

11 I was present or not.

12 Q. Okay. How did you know that you were elected?

13 A. I believe that I was told by someone on the

14 board.

15 Q. Okay.

16 A. And I don't remember who it was.

17 Q. Okay.

18 A. I mean, on -- on the local advisory board.

19 Q. Okay. And what year did you join the local

20 advisory board?

21 A. I believe that was '94 also.

22 Q. Okay. How long did you remain on the local

23 advisory board?

24 A. I remained on the local advisory board until

25 1999, I believe.


1 Q. Until the national bylaw change in 1999?

2 A. That's when I -- I resigned from the local

3 advisory board.

4 Q. Okay. During the time that you were on the

5 local advisory board, how many --

6 A. No, no. You're talking about the bylaws change

7 that said that the LAB members couldn't simultaneously

8 serve on both the LAB and the national board? Okay.

9 Q. Correct.

10 A. Yeah, that's the one I'm talking about.

11 Q. February '99?

12 A. Correct.

13 Q. My question was how many members were there on

14 the LAB after you joined it?

15 A. You know, I don't remember exactly how many

16 members were on there.

17 Q. Can you give me an approximate number?

18 A. Approximate. I'd say about 10 or 12 or maybe

19 even 15, but I just don't -- somewhere around there.

20 Q. Okay. And during the time that you were on the

21 local advisory board, in what kind of activities did the

22 board participate?

23 A. There was some local functions where we had --

24 would have a presence and try to bring people's attention

25 to the station. Some members of the board would be there


1 and try to talk people into being members, subscribers,

2 listeners, subscribers.

3 Q. Okay. Are these like community events?

4 A. Community events, yeah.

5 Q. Can you give me examples of what kind of events

6 you're talking about?

7 A. Oh, like the International Festival, Westheimer

8 Arts Festival, and some other type -- type things like

9 that.

10 Q. Okay.

11 A. Maybe some concerts at clubs at night that were

12 sponsored by KPFT.

13 Q. Okay. During the time that you were on the

14 local advisory board, did you participate as a volunteer

15 in the KPFT fund drives?

16 A. Yes, I did.

17 Q. Okay. How often did you do that?

18 A. I -- I don't know if it was all of them but

19 most of them.

20 Q. How often did KPFT have those fund drives?

21 A. I believe it was like three times a year.

22 Q. Okay. And have you been a financial supporter

23 of KPFT yourself?

24 A. Yes, I have.

25 Q. How much money have you contributed to the


1 organization?

2 A. Since when?

3 Q. Since 1994.

4 A. Since 1994, I can't tell you exactly but it's

5 been in the hundreds of dollars.

6 Q. Okay.

7 A. Yeah.

8 Q. Is it hundreds every year?

9 A. Sometimes, when business is good.

10 Q. Okay. Now that you're no longer on the local

11 advisory board, do you continue to stay in touch with the

12 board?

13 A. I know some of the members on the board -- on

14 the LAB, and I see them at various functions or events.

15 Q. Okay. Do you ever attend the LAB meetings?

16 A. I've attended one LAB meeting since then.

17 Q. Okay. When was that?

18 A. I really don't remember. I just remember going

19 to one of them and -- but I haven't since then.

20 Q. Okay. Do you have an understanding as to how

21 many members there are on the LAB now?

22 A. I don't know exactly.

23 Q. Do you know who the chair of the LAB is?

24 A. Susan Darrell.

25 Q. And who is she?


1 A. I mean, I don't know what you mean by "who is

2 she," I mean.

3 Q. What other involvement does she have with KPFT?

4 A. What other involvement does she have with KPFT?

5 Q. Yes.

6 A. I couldn't tell you.

7 Q. Is she an employee of KPFT?

8 A. I don't believe she's an employee, no.

9 Q. Okay. Do you know what she does for a living?

10 A. No.

11 Q. Okay. How long have you known her?

12 A. Maybe two or three years.

13 Q. Okay. Now, at a certain point you became a

14 member of the national board of Pacifica; is that right?

15 A. At some point I became a what?

16 Q. A member of the Pacifica national board.

17 A. Yes, yes, yes.

18 Q. When was that?

19 A. I believe it was in '96.

20 Q. What month?

21 A. That, I don't remember.

22 Q. Okay. How did you become a member?

23 A. I'm trying to think. I had been an alternate

24 member for one of the -- the people on the board, and I

25 was seated by the national board at one of the meetings.


1 And then later on I was nominated by the LAB to the

2 national board, who also elected and seated me.

3 Q. Okay. When you were an alternate member of the

4 national board, who were you an alternate for?

5 A. I believe it was Roger Scarbrough.

6 Q. Okay. And how did you come to be an alternate

7 member?

8 A. I was told by somebody on the board -- and I

9 don't know -- I don't remember who -- that Roger couldn't

10 make a meeting, would I be interested in going to take

11 his place. And then I went -- I went to the meeting.

12 Q. Okay. Where was that meeting?

13 A. I believe it was Los Angeles.

14 Q. When you say someone told you that Roger

15 couldn't make a meeting, was that someone on the LAB?

16 A. Yeah, somebody on the LAB. I don't remember

17 exactly who.

18 Q. And do you recall when that meeting was?

19 A. No. Which meeting are you talking about?

20 Q. The one you attended in Los Angeles as

21 Scarbrough's alternate.

22 A. Oh, I believe it was '96. It was sometime in

23 '96.

24 Q. Have you seen the rosters of the national board

25 that Pacifica puts out from time to time?


1 A. Yes. I'm, you know, familiar with the -- with

2 it --

3 Q. Okay.

4 A. -- or with them.

5 Q. Okay. Do you recall that those rosters

6 indicate that you were elected in March of 1996?

7 A. I -- I don't -- if that's what that says. I'm

8 not really positive that's what that was, but I didn't

9 keep track.

10 Q. All right. Well, let me just show you a couple

11 of these rosters. One says updated 5-1-99. The other

12 one says updated 1-28-99.

13 A. Okay.

14 Q. And let me ask you if that refreshes your

15 recollection as to when you were elected to the -- to the

16 board?

17 A. I couldn't tell you for sure that that's when

18 it happened. I can see that this is something that looks

19 like what I'm -- I'm used to seeing, but I'm pretty sure

20 that it is probably correct. I mean, unless it's been

21 altered, but I don't think so. I mean, I don't know.

22 Q. Okay. Do you have any reason to doubt that you

23 were elected in March of 1996?

24 MS. POTTER: There's been -- objection.

25 There's been no foundation for this document, what it is,


1 who prepared it, where it came from.

2 MR. SIEGEL: All right. I prepared it in

3 my hotel room last night.

4 Q. (By Mr. Siegel) Do you have any reason to doubt

5 that you were elected to the board in March of 1996?

6 A. No.

7 Q. Okay. Thank you. Now, you say that you were

8 nominated by the LAB to the national board?

9 A. Yes.

10 Q. Okay. Who nominated you?

11 A. The LAB.

12 Q. Well, was there a LAB meeting where someone got

13 up and said, I nominate David Acosta, or something like

14 that?

15 A. No. There was an election to nominate me.

16 Q. I'm sorry?

17 A. There was an election to nominate me at the LAB

18 level.

19 Q. There was?

20 A. Yeah.

21 Q. Okay. And how did that happen? Did someone

22 stand up and say, I nominate David Acosta, and someone

23 else said, I second the motion?

24 A. I can't recall. I can't recall. I don't

25 remember.


1 Q. Did you run against somebody else?

2 A. That, I believe there was someone else that --

3 that -- that was running.

4 Q. Okay. Who was that?

5 A. I don't remember. I think there was a vote

6 taken --

7 Q. Okay.

8 A. -- and I ended up winning.

9 Q. What was the vote?

10 A. I don't remember.

11 Q. Were you there?

12 A. Yes, I was there, uh-huh.

13 Q. Okay. This was in March '96?

14 A. Now, are you talking about the national board

15 or the -- or the local advisory board?

16 Q. The local advisory board.

17 A. Okay. The local advisory board. Now, what was

18 the question again?

19 Q. The question was -- well, the first question

20 was, were you there when the local advisory board --

21 A. At the local advisory board? Yes, yes, I was

22 there.

23 Q. Okay. And it's your recollection that you ran

24 against someone else?

25 A. Yes.


1 Q. And you don't recall who that was?

2 A. No.

3 Q. Do you -- can you explain why you don't

4 remember?

5 MS. POTTER: Objection.

6 A. No, I can't explain it.

7 Q. (By Mr. Siegel) You just don't remember?

8 A. I just don't remember.

9 Q. Was it someone on the local advisory board?

10 A. Was it someone on the local -- yes. It was

11 someone on the local advisory board, yes.

12 Q. Someone you had known for a couple of years?

13 A. I don't know if I knew them for a couple of

14 years or not because I don't remember who it was.

15 Q. Was it a man or a woman?

16 A. I don't remember that either.

17 Q. How many people were at the meeting when the

18 election took place?

19 A. I can't recall.

20 Q. Approximately how many?

21 A. Maybe 10.

22 Q. Okay. Do you remember the names of any of the

23 people there?

24 A. Henry Horn. No. I'm just trying to remember

25 who they were, and I don't know if he had been there that


1 one -- that one meeting. I can't tell you for sure

2 whether or not these particular people were there at the

3 meeting or not.

4 Q. Okay. Well, why don't you tell me who the

5 members of the LAB were at that time?

6 A. The ones that I can remember, Henry Horn, Roger

7 Scarbrough, Jane Eliasoff. Let's see, Rick Heysquierdo,

8 I believe. I think Rick Gardner. Those are the only

9 ones I can remember right now.

10 Q. Okay. Was Henry Horn the person you ran

11 against?

12 A. No. He was the chair of the LAB.

13 Q. Okay. Was Roger Scarbrough the person you ran

14 against?

15 A. No. I don't believe it was him. I'm not -- it

16 could be but I don't believe it was him.

17 Q. Well, Roger was already on the national board,

18 wasn't he?

19 A. Yeah, I think -- I think he was already there.

20 I don't remember who it was.

21 Q. Was it Jane Eliasoff?

22 A. I couldn't tell you if it was her or not.

23 Q. Rick Heysquierdo?

24 MS. POTTER: Objection. Counsel, he's

25 said he doesn't remember. He's said it several times.


1 He doesn't remember.

2 MR. SIEGEL: Well, I'm trying to jog his

3 memory. You know, we're not talking about a thousand

4 people. We're talking about a small group of people.

5 So, I was figuring if we went through the names, maybe he

6 would remember.

7 MS. POTTER: He just named all the names

8 for you. Don't you think if that would have jogged his

9 memory, he -- it would have been done? It's -- you know,

10 for you to keep harassing him and badgering him, he

11 doesn't remember. And I'm objecting to this -- this

12 badgering of the witness.

13 MR. SIEGEL: Thank you.

14 Q. (By Mr. Siegel) Was it Rick Heysquierdo?

15 A. I can't remember.

16 Q. Rick Gardner?

17 A. I can't remember.

18 Q. Do you recall what the vote was?

19 A. No.

20 Q. Okay. So, after that, your name was forwarded

21 to the national board?

22 A. Yes.

23 Q. Okay. And were you voted upon at a national

24 board meeting?

25 A. Yes.


1 Q. Were you present when that occurred?

2 A. Yes.

3 Q. Where did that meeting occur?

4 A. I don't remember that.

5 Q. Okay. Why did you attend the meeting if you

6 didn't know if you were going to be chosen?

7 A. Why did I attend the meeting? I don't remember

8 exactly what the reason was that I was told to go to the

9 meeting. I was just -- I just was told, Go to the

10 meeting.

11 Q. Who told you?

12 A. I don't remember.

13 Q. Was it someone from the LAB?

14 A. It was someone from the LAB, yes.

15 Q. Did you assume you were going to be approved by

16 the national board?

17 A. Did I assume? I don't know if I made any

18 assumption or not. It was my first time, and I didn't

19 know what -- what to expect.

20 Q. Okay. So, when you went there, did you meet

21 with any of the board committees regarding your

22 nomination?

23 A. I can't recall whether I met with them or not.

24 Q. Did anybody on the national board interview you

25 to determine your qualifications to be seated on the


1 national board?

2 A. I don't remember being interviewed by anyone.

3 Q. Okay. Were you asked to submit any

4 documentation of your qualifications to sit on the

5 national board?

6 A. I'm not sure if I -- if I was asked to submit a

7 resume or not. I believe I had submitted one, but I

8 don't remember to whom or when. I'm not sure about that.

9 Q. Okay. And at the time when the election took

10 place, what do you recall was happening?

11 A. Let's see. There was -- I believe it was

12 during the board meeting that it was -- the first item of

13 business was to elect the members that were going to

14 participate in the meeting.

15 Q. Okay. And what happened?

16 A. My name was placed in the nomination, it was

17 seconded, and people voted, and I was elected.

18 Q. Okay. Who -- who put your name in nomination?

19 A. I can't recall.

20 Q. Who seconded it?

21 A. I don't recall that either.

22 Q. Was your name put in nomination by itself, or

23 were other people also nominated at the same time?

24 A. I can't recall.

25 Q. Was there any debate about your election?


1 A. I can't recall.

2 Q. Anybody ask you any questions about your

3 qualifications?

4 A. I don't remember if anybody asked me or not.

5 Q. Okay. What was the vote?

6 A. I don't remember that either.

7 Q. Was it unanimous?

8 A. I can't remember.

9 Q. Did anybody raise any questions about whether

10 you should be chosen or not?

11 A. I don't remember.

12 Q. Okay. Nothing happened that made an impression

13 on you at the time?

14 A. An impression? What kind of impression?

15 Q. Any impression.

16 A. I don't remember.

17 Q. I mean, is there any reason why you don't

18 remember?

19 MS. POTTER: Objection. How would he know

20 why he doesn't remember?

21 A. (Shrugging shoulders.)

22 Q. (By Mr. Siegel) Was this such an insignificant

23 moment in your life that you just have no recollection of

24 it?

25 A. There's a lot of significant things in my life


1 that I don't commit to memory. You know, in my

2 professional, my civic, and personal life, I have

3 thousands of bits of data come to mind that I'm exposed

4 to. Some of them are significant. Some of them are not.

5 But I don't commit them all to memory. That's the only

6 answer I can give you.

7 Q. Okay. During the time that you've been on the

8 national board, have any other persons from Houston been

9 chosen to serve on the national board?

10 A. Since I --

11 MS. POTTER: Excuse me. By "chosen," do

12 you mean elected to the national board?

13 MR. SIEGEL: I mean chosen. That's a word

14 that I think is understood in the English language.

15 MS. POTTER: Well, if you --

16 A. What was the -- what was the -- what was the

17 question again?

18 Q. (By Mr. Siegel) During the time that you've

19 been on the national board --

20 A. Uh-huh.

21 Q. -- has any other person from Houston been

22 chosen to sit on the national board?

23 A. Since then, yes.

24 Q. Who is that?

25 A. Valerie Chambers.


1 Q. Okay. That's a woman?

2 A. Yes.

3 Q. When was she chosen to sit on the national

4 board?

5 A. I believe it was last year, in the year 2000.

6 Q. And how did she come to be chosen to sit on the

7 national board?

8 A. I believe she was nominated by a board member,

9 and she was elected by the national board.

10 Q. And who nominated her?

11 A. I can't recall.

12 Q. Okay. And why was she chosen to sit on the

13 national board?

14 MS. POTTER: Once again, why was she

15 elected or why was she nominated?

16 MR. SIEGEL: Why was she chosen.

17 A. Why was she chosen by the national board?

18 Q. (By Mr. Siegel) Yeah.

19 A. Because she was qualified to sit on the

20 national board. She was recommended by the governance

21 committee to the national board.

22 Q. Okay. What qualifications does she have to sit

23 on the national board?

24 A. She's a certified public accountant. She knows

25 tax. She's sat on other boards. She's a listener,


1 contributor to the station. She's interested. She has

2 the time and the inclination to sit on the board. She's

3 very smart.

4 Q. Okay. Was her name put forward by the LAB in

5 Houston?

6 A. I don't -- I don't remember. I don't believe

7 so.

8 Q. Anyone else from Houston chosen for the

9 national board?

10 A. Since then?

11 Q. Since you became a member, since March of 1996.

12 A. No.

13 Q. How about Micheal Palmer?

14 A. Well, I'm remembering I thought he was at the

15 same time that I was around there but I'm -- I'm not

16 sure.

17 Q. Okay. Isn't it true that Palmer was elected to

18 the national board in March of 1998?

19 A. I don't remember when he came in.

20 Q. Okay. Do you recall whether Palmer was

21 nominated by the Houston LAB?

22 A. I don't remember anything about Palmer, whether

23 he was nominated by the LAB or not. I don't remember.

24 Q. You're a member of the executive committee?

25 A. Yes.


1 Q. You've been a member of the executive committee

2 since March 1997?

3 A. I can't remember exactly what day it was -- or

4 what date or year.

5 Q. Do you have any reason to doubt whether it was

6 March 1997?

7 A. No, I don't have any reason to doubt it.

8 Q. Have you sat on any other national board

9 committees besides the executive committee?

10 MS. POTTER: Of Pacifica?

11 A. Of Pacifica?

12 Q. (By Mr. Siegel) Yeah.

13 A. I chaired the governance committee.

14 Q. Any others?

15 A. Not that I can recall but...

16 Q. Okay. The governance committee during the time

17 you chaired it --

18 A. Uh-huh.

19 Q. -- was the committee that brought to the full

20 board the nomination of persons to sit on the national

21 board?

22 A. It was called a different name at the time that

23 I came on the board, and I'm trying to think of the name

24 of it. It was called the board development committee

25 when I first heard about it. Then they changed the name


1 to governance committee. And it's my understanding that

2 people who wanted to get on the board or had been

3 nominated to the board would go through that committee --

4 Q. Okay.

5 A. -- to be screened or interviewed --

6 Q. Okay.

7 A. -- or whatever.

8 Q. Now, isn't it true that you were on that

9 committee, whether it was called the development

10 committee or the governance committee --

11 A. Uh-huh.

12 Q. -- at the time Palmer was elected to the

13 national board?

14 A. I don't know if I was chair or not on the

15 committee. I don't remember.

16 Q. Okay. Whether you were chair or not, do you

17 recall that the committee acted in some way on Palmer's

18 nomination?

19 A. I don't recall that.

20 Q. Okay. So, do you -- do you remember whether

21 the committee interviewed Palmer before he was -- his

22 name was presented to the national board for election?

23 MS. POTTER: Objection. He said he didn't

24 remember. You're assuming facts that aren't in evidence.

25 Q. (By Mr. Siegel) Do you have my question in


1 mind?

2 A. Yeah. I don't remember.

3 Q. Okay. Do you remember the committee

4 interviewing anyone as a potential national board member

5 during the time you were on that committee?

6 A. I remember that certain members of the

7 committee were assigned to certain nominees, and it was

8 their task to get information from them and then report

9 back to the committee.

10 Q. Okay. And who were those nominees who were

11 screened by the committee during the time that you were

12 on it?

13 A. I don't -- I don't remember anybody's name.

14 Q. Do you remember anybody's name?

15 A. I can't remember anyone right now.

16 Q. You can't remember any names?

17 A. (Moving head side to side.)

18 Q. You -- you know you're testifying under oath?

19 MS. POTTER: Counselor.

20 Q. (By Mr. Siegel) Do you understand that?

21 A. Do I understand that I'm testifying under oath?

22 Q. Under oath, that's right.

23 MS. POTTER: Objection.

24 Q. (By Mr. Siegel) And that it's --

25 MS. POTTER: Stop badgering the witness.


1 MR. SIEGEL: Whenever you're finished --

2 MS. POTTER: He said he doesn't remember.

3 MR. SIEGEL: Whenever you're finished, let

4 me know. Are you finished?

5 MS. POTTER: If you're finished badgering

6 the witness.

7 MR. SIEGEL: When you're finished with

8 your objection, let me know and I'll ask --

9 MS. POTTER: I'm finished with my

10 objection.

11 MR. SIEGEL: Okay.

12 Q. (By Mr. Siegel) Do you understand you're

13 testifying under penalty of perjury?

14 A. Yes.

15 Q. Okay. You told me earlier there's nothing the

16 matter with your memory; is that correct?

17 A. That's correct. I told you that.

18 Q. Okay. Do you remember anything about your

19 service on the Pacifica national board?

20 A. Do you want to be more specific about

21 "anything"?

22 Q. Yeah. I mean, has any of it made an impression

23 on you?

24 MS. POTTER: Objection.

25 A. Yes.


1 Q. (By Mr. Siegel) Okay. And does that -- do you

2 recall anything about your service on the governance

3 committee?

4 A. In what aspect?

5 Q. Well, what did you do as a member of the

6 governance committee?

7 A. As a member of the governance committee, we

8 discussed potential changes in bylaws, procedures, how

9 board members could interact with each other,

10 communications between the LABs and the management,

11 communication between all the various sectors of

12 Pacifica, potential nominees to serve on the board, how

13 many people we should have on the board. Those kind of

14 things, issues, procedural issues concerning the board --

15 Q. Okay.

16 A. -- and how it operates. Those types of things.

17 Q. But you remember none of the names of the

18 people that the committee screened to sit on the national

19 board?

20 MS. POTTER: Objection. Asked and

21 answered.

22 Q. (By Mr. Siegel) Is that correct?

23 A. That's correct.

24 Q. You know, either you in person or this

25 deposition are going to be in front of a judge and jury


1 in Oakland, California this August. And if your memory

2 then is the way it is today, you're going to be pretty

3 embarrassed. Let me tell you that.

4 MS. POTTER: Objection.

5 Q. (By Mr. Siegel) Very embarrassed.

6 MS. POTTER: Let's take a break. Let's go

7 off the record.

8 MR. SIEGEL: Okay. Well, why don't you

9 take your client outside and help him recover his memory.

10 THE REPORTER: Are we still on?

11 MR. SIEGEL: Yes, we're on.

12 MS. POTTER: I don't need you to tell me

13 how to deal with my client.

14 MR. SIEGEL: Well, why don't you do that?

15 MS. POTTER: You're being very hostile,

16 argumentative, and badgering the witness.

17 MR. SIEGEL: I didn't come down to Houston

18 to watch witnesses perjure themselves.

19 MS. POTTER: Objection. We're going to --

20 we're going to take a break right now.

21 MR. SIEGEL: Off the record, please.

22 (Brief recess.)

23 MR. SIEGEL: Okay. Back on the record.

24 MS. POTTER: Are we back on the record?

25 MR. SIEGEL: Yes.


1 MS. POTTER: Counselor, you've been

2 harassing the witness. I believe your behavior, your

3 conduct is inappropriate. You're trying to intimidate.

4 And if it continues, we're going to end the deposition.

5 MR. SIEGEL: Okay. You can do what you

6 like. Your witness is not telling us the truth. He

7 claims to have no memory of things that any respon- --

8 MS. POTTER: Counselor, I just gave you a

9 warning.

10 MR. SIEGEL: You -- you're not --

11 MS. POTTER: You're insulting the witness

12 because he doesn't remember.

13 MR. SIEGEL: You're interrupting me. I

14 let you finish making your speech. You let me finish

15 making my speech. You have an obligation as an attorney

16 to advise your clients to tell the truth. Your clients

17 have seemed to have suffered a tremendous case of amnesia

18 over the last couple of days.

19 MS. POTTER: Okay. We're ending the

20 deposition. This is it. Come on, Mr. Acosta.

21 MR. SIEGEL: We'll wait for you to come

22 back.

23 MS. POTTER: We're not coming back. We're

24 ending the deposition. I warned you. This is not the

25 way -- you cannot harass the witness this way.


1 MR. SIEGEL: I'm talking to you, as you

2 recall, when you got up. I was not even speaking to the

3 witness, and I'm simply addressing your obligations as an

4 attorney.

5 MS. POTTER: I know what my obligations

6 are. Thank you.

7 MR. SIEGEL: All right. See you in

8 Oakland.























3 VS. *

* CAUSE NO. 814461-0







7 I, MYLINDA TUBBS FAIRCLOTH, Certified Shorthand

Reporter in and for the State of Texas, hereby certify to

8 the following:

That the witness, DAVID ACOSTA, was duly sworn by

9 the officer and that the transcript of the oral

deposition is a true record of the testimony given by the

10 witness;

That the deposition transcript was made available on

11 February 12, 2001 to the attorney for the Defendants for

examination, signature, and return to Elite Reporting

12 Service, Inc., by March 14, 2001;

That pursuant to information given to the deposition

13 officer at the time said testimony was taken, the

following includes all parties of record:

14 Dan Siegel, Attorney for Plaintiffs;

Kathy C. Potter, Attorney for Defendants.

15 I further certify that I am neither counsel for,

related to, nor employed by any of the parties in the

16 action in which this proceeding was taken, and further

that I am not financially or otherwise interested in the

17 outcome of this action.

Further certification requirements pursuant to will

18 be certified to after they have occurred.

Sworn to by me this 9th day of February, 2001.




Certification No. 2896

21 Expiration Date: 12-31-02


3637 W. Alabama, Suite 110

23 Houston, Texas 77027

(7l3) 623-4434






3 ____________________________________________________

4 ____________________________________________________

5 ____________________________________________________

6 ____________________________________________________

7 ____________________________________________________

8 ____________________________________________________

9 ____________________________________________________

10 ____________________________________________________

11 ____________________________________________________

12 ____________________________________________________

13 ____________________________________________________

14 ____________________________________________________

15 ____________________________________________________

16 ____________________________________________________

17 ____________________________________________________

18 ____________________________________________________

19 ____________________________________________________

20 ____________________________________________________

21 ____________________________________________________

22 ____________________________________________________

23 ____________________________________________________

24 I, DAVID ACOSTA, have read the foregoing deposition

25 and hereby affix my signature that same is true and


1 correct, except as noted above.


3 _____________________________




7 )

8 COUNTY OF _________)


10 Before me __________________ (name of officer) on

11 this day personally appeared __________________, known to

12 me or proved to me to be the person whose name is

13 subscribed to the foregoing instrument and acknowledged

14 to me that he executed the same for the purposes and

15 consideration therein expressed.


17 (Seal) Given under my hand and seal of

18 office this _____ day of _____________, ______.


20 ___________________________________________

21 Notary Public in and for the State of Texas







2 The original deposition transcript or Changes and

3 Signature page was/was not returned to the deposition

4 officer on ______________;

5 If returned, the attached Changes and Signature page

6 contains any changes and the reasons therefor;

7 If returned, the original deposition transcription

8 was delivered to ___________________ for safekeeping on

9 ____________;

10 That a copy of this certificate was served on all

11 parties shown herein.

12 Witness my hand this __________ day of

13 ______________, ________.



16 _____________________________


17 Certification No. 2896

Expiration Date: 12-31-02



19 3637 W. Alabama, Suite 110

Houston, Texas 77027

20 (7l3) 623-4434