THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NORTHEAST DIVISION AT COOKEVILLE IN THE MATTER OF: THE PUTNAM PIT, INC. AND GEOFFREY DIVIDIAN, Plaintiff -vs- No. 97-0108 CITY OF COOKEVILLE AND JIM SHIPLEY, in his official capacity as City Manager of the City of Cookeville, Defendants DEPOSITION OF: WILLIAM EDWARD GIBSON October 4, 2001 APPEARANCES: SAMUEL J. HARRIS, Attorney at Law P.O. Box 873 Cookeville, TN. 38503 (Counsel for Plaintiff) JOHN C. DUFFY, Attorney at Law P.O. Box 131 Knoxville, TN. 37901-0131 MICHAEL O'MARA, Attorney at Law 317 West Spring Street Cookeville, TN. 38501 Counsel for Defendants) Prepared by: CARLA YORK HANNAH, C.S.R. 449 Roma Drive Crossville, TN. 38555 Page 1 ------------- 1 INDEX 2 3 Direct Examination by Mr. Duffy Page 3 4 Cross Examination by Mr. Harris Page 52 5 Re-Direct Examination by Mr. Duffy Page 104 6 Re-Cross Examination by Mr. Harris Page 106 7 Certificate of Reporter Page 108 8 Exhibits Page 109 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 1a ------------- 1 This is the deposition of WILLIAM EDWARD 2 GIBSON, taken by agreement of counsel, at the city hail 3 of Cookeville, Tennessee, at approximately 2:50 p.m. on 4 October 4th, 2001, taken for proof pursuant to the 5 Rules of Civil Procedure. 6 All formalities as to caption, certificate 7 and transmission are waived. It is agreed that Carla 8 York Hannah, court reporter and notary public for the 9 state of Tennessee, may take the said deposition by 10 stenograph machine and tape recorder, transcribing the 11 same to typewriting. The signature of the witness is 12 hereby expressly waived. 13 14 MR. CASEY: United States District Court, 15 Middle District of Tennessee, Northeast Division at 16 Cookeville, The Putnam Pit, Incorporated and Geoffrey 17 Davidian, plaintiffs versus City of Cookeville and Jim 18 Shipley, in his Official Capacity as City Manager of the 19 City of Cookeville. This is a deposition of Attorney 20 General Bill Gibson. We're at the city hail in 21 Cookeville, Tennessee. This is October the 4th at 22 2:48 p.m. of the year 2001. My name is Mike Casey. I am 23 doing the video deposition in this case, Michael's Video 24 Productions, 1570 Brown Avenue, Cookeville, Tennessee. 25 The attorneys will now identify themselves. Page 2 ------------- 1 MR. DUFFY: John Duffy for the defendants. 2 MR. HARRIS: Sam Harris for The Putnam Pit 3 and Geoff Dividian, the plaintiffs. 4 MR. CASEY: Also present is Mike O'Mara, 5 attorney for the City of Cookeville. The court reporter 6 will now swear in the witness. 7 8 9 WILLIAM EDWARD GIBSON, having been first 10 duly sworn, testified as follows: 11 DIRECT EXAMINATION 12 BY MR. DUFFY: 13 Q. We should also stipulate that this is a 14 deposition for proof. What is your name, sir? 15 A. William Edward Gibson. 16 Q. And how are you employed, sir? 17 A. I'm the District Attorney General for 18 the State of Tennessee, the Thirteenth Judicial District. 19 Q. And are you going to be out of the 20 country during the week of October 9th? 21 A. I am going to be out of the country 22 from the 7th of October through the 14th, hopefully. 23 Q. All right, sir. Tell the members of 24 the jury what counties the Thirteenth Judicial District 25 encompasses, if you will. Page 3 ------------- 1 A. It's seven counties in upper middle 2 Tennessee: Overton, Pickett, Clay, Putnam, Cumberland, 3 White and DeKalb Counties. 4 Q. And how long have you been District 5 Attorney General for the Thirteenth Judicial District? 6 A. A little over eleven years. I took 7 office the first time September the 1st of 1990. 8 Q. Were you then re-elected in 1998? 9 A. I was. 10 Q. And the district attorney serves eight 11 year terms, I believe? 12 A. That's correct. 13 Q. All right, sir. What is... what is the 14 job of the district attorney general in the thirteenth 15 judicial district? 16 A. Well, the district attorney's principle 17 duties include prosecuting criminal cases in all of the 18 courts where state charges are brought against 19 defendants. The pursuit of justice is a good way to put 20 it. 21 The district attorney has a role in pursuing the 22 guilty and also protecting the innocent from frivolous 23 prosecution. 24 We also have other duties. We work closely with law 25 enforcement. We train, we do trainings with law Page 4 ------------- 1 enforcement. We work closely with victims of crime to 2 arrange services for them. We advocate for victims. The 3 district attorney has a very wide and varied job 4 description. 5 Q. Does the office of the district 6 attorney have any impact on the business community in the 7 judicial district that you operate? 8 A. Well, as with any place, the level of 9 crime or the level of safety that the citizens in a 10 community feel or citizens looking prospectively at 11 coming to a community, if it's a safe place, then that 12 certainly would have an impact on the community as far 13 those issues. 14 Q. And what do you do to engender 15 confidence in the business community with respect to the 16 safety and the justice system in the judicial district in 17 which you operate? 18 A. Well, our area, of course, unlike many, 19 is a relatively safe area to live in. We are pro-active 20 in many areas. 21 We work with the law enforcement agencies and we pay 22 particular attention to street level crimes and I think 23 those things are at a minimum here. 24 We work pro-actively with domestic violence, other 25 resources, the domestic violence agencies. We work with Page 5 ------------- 1 the mediation services, because some issues are just not 2 particularly well suited. People will take criminal 3 warrants out on each other for issues that should be 4 mediated. 5 We're involved in our communities in a lot of 6 different ways that all come back one way or another to 7 keeping the community safe and attractive for people that 8 might consider coming here. 9 Q. Let me ask you specifically about 10 Putnam County. Now is your office located in Cookeville? 11 A. My office is located in Cookeville, my 12 main office. We also have a satellite office in 13 Livingston and one in Crossville. 14 Q. And do you believe the Putnam County 15 area is a good location for business or a bad location 16 for business? 17 MR. HARRIS: I'm going to object to the 18 leading. 19 WITNESS: I think the Putnam County area 20 is... 21 MR. HARRIS: (Interposing) I'm also going to 22 make an objection here as to what his foundation is, as 23 to his qualifications to give this opinion. 24 WITNESS: I think the Putnam County area 25 is very good for business in a lot of different ways. Page 6 ------------- 1 And the one I'm most familiar with is that it is an area 2 where people can feel safe. 3 Q. All right. Any other reasons that you 4 believe it to be a good place for business? 5 A. Well, I just think it's a good 6 location. We're well served by highways. We have an 7 attractive area of the country to be in. 8 I think the people here are good. I characterized 9 it at a recent talk I was giving somewhere that, you 10 know, if you scream in a parking lot around Cookeville 11 and Putnam County, somebody is going to come and help 12 you. And that says it pretty well. 13 The people around here care about each other. And I 14 think people that come here find us to be friendly. 15 Q. All right, sir. Do you know Jim 16 Shipley, the city manager for the City of Cookeville? 17 A. I do. 18 Q. Are you social friends with him? 19 A. No, not social friends at all. I just 20 know him through I guess occasional business dealings 21 where the district attorney's office had some dealing 22 with the City of Cookeville. 23 Q. All right, sir. Do you know the 24 plaintiff in this case, Geoffrey Davidian? 25 A. I do know Mr. Davidian. Page 7 ------------- 1 Q. How did you come to know Mr. Davidian? 2 A. Several years ago Mr. Davidian came to 3 Cookeville and introduced himself as a journalist. The 4 first way that I really became acquainted with him was 5 indirectly. I had heard that he was here investigating, 6 doing an investigation on a murder case that was going on 7 here, a murder investigation or a death investigation. 8 That Mr. Davidian had received a speeding ticket 9 from the city police department and he was taking issue 10 with that in the court system. 11 And at some point at that time, and it's been 12 several years ago, but Mr. Davidian did, in fact, start 13 calling and coming to see me. 14 Q. All right, sir. Did he ask you or make 15 inquiries with respect to the death of Darlene Eldridge? 16 A. He did question the death of Darlene 17 Eldridge. 18 Q. And by the way on the speeding 19 ticket... the speeding ticket, excuse me, what if anything 20 did Mr. Davidian tell you about his theory for why he got 21 this speeding ticket? 22 A. Well, he came in and he was I think at 23 that point in time questioning the Constitutionality of 24 the municipal court and he was asking me questions. And 25 he was, either in conversations with me or maybe with Page 8 ------------- 1 others, had implied that he got . . . 2 MR. HARRIS: (Interposing) I'm going to 3 object as hearsay to the extent it was conversations with 4 others, unless the foundation is laid as to these 5 conversations. 6 Q. And right now I'm asking what 7 Mr. Davidian told you. 8 A. Well, Mr. Davidian's whole tone was 9 that he had been stopped and harassed by the Cookeville 10 Police Department because he was in town doing a 11 journalistic investigation of a death case that they were 12 investigating. 13 That he was looking over their shoulder and that 14 this was some sort of a warning to him to leave it alone 15 is what he implied to me. 16 And I asked Mr. Davidian, you know, the first 17 question I had was, you know, were you actually speeding 18 or not? And he said he didn't know. That that wasn't 19 important. That wasn't the issue. The issue was, 20 whether he was speeding or not, he felt the motive behind 21 the traffic stop was on account of what he was here for. 22 Q. I see. Tell the jury was there an 23 investigation by one or more agencies into the death of 24 Darlene Eldridge? 25 A. There was an investigation. I think it Page 9 ------------- 1 was headed up originally by the Cookeville Police 2 Department and assisted by the State Fire Marshall's 3 Office. And later at the request of the family, the 4 T.B.I. was called in to back up the city's investigation 5 or to follow down, to follow additional leads. To kind 6 of oversee the city's investigation and do anything else 7 that needed to be done. 8 Q. What did Mr. Davidian tell you about 9 his relationship with the Eldridge family or the Eldridge 10 investigation? In other words, why he was here in the 11 city of Cookeville? 12 A. Well, I don't think Mr. Davidian 13 himself ever told me what his connection was with the 14 Eldridge family or what it was that brought him here. He 15 did say that he was here to investigate that 16 investigation. 17 Q. Did you know Mr. Davidian prior to 18 this? 19 A. Not at all. I think he lived in Maine 20 or somewhere and just traveled here. 21 Q. Did Mr. Davidian have any ties to the 22 local area that you're aware of? 23 A. I didn't know of any. 24 Q. Did he express anything else about his 25 interest in pursuing an investigation about the death, Page 10 ------------- 1 circumstances of the death of Darlene Eldridqe? 2 A. No. It's like he made some mention of 3 the death of Darlene Eldridge, but the subject, the tone 4 or the thrust of his visit pretty quickly turned to 5 himself and his own pursuit of this traffic ticket thing. 6 Q. All right. Did he subpoena you in that 7 traffic ticket case? 8 A. At some point that traffic ticket case 9 made it to the Circuit Court. And he subpoenaed me to 10 come to a local motel to a discovery deposition out of 11 that case. 12 And in that subpoena, if my recollection is correct, 13 he asked that I bring all of the records, paperwork, 14 documents that my office had concerning the investigation 15 of the death of Darlene Eldridge to this deposition 16 concerning his traffic ticket. 17 Q. Now, would a subpoena of that breadth 18 about an ongoing investigation, would that cause you as 19 district attorney any concern? 20 A. It certainly would cause any district 21 attorney concern. And what I did in that case is I 22 called the state attorney general's office, our legal 23 counsel for state agencies, and I asked them what I 24 should do in that situation. 25 They were immediately concerned since it did involve Page 11 ------------- 1 an ongoing investigation and the effort in an unrelated 2 case to get into this open investigative file. They said 3 that they were going to send a representative up here to 4 represent me in the issue of the subpoena. 5 Which they did. A lawyer came from the attorney 6 general's office and appeared and the court did quash 7 that subpoena. Or did away with the subpoena. Said in 8 this case that there was no necessity in me coming and 9 bringing those records for a deposition. 10 Q. Now, prior to that time... are you 11 familiar with Mr. Davidian's publication of the Putnam 12 Pit? 13 A. I am very familiar with the Putnam Pit. 14 Q. Okay. Prior to the subpoena quash 15 where you were subpoenaed and the state attorney 16 general's office successfully resisted your appearing as 17 a witness in the traffic ticket case, had Mr. Davidian 18 written anything about you or your office that you know 19 of? 20 A. The time frames, and it's been several 21 years ago, and in the very early stages of Mr. Davidian's 22 visits to Cookeville, he began publishing information 23 about my office and about this investigation. As far as 24 when that information or when those publications came in 25 regard to that subpoena, I'm not certain. Page 12 ------------- 1 Q. All right. Do you recall ever seeing 2 anything published in the Cookeville... Let me ask you 3 would you be aware of an article accusing you, for 4 example, of Cocaine use or conspiring to interfere with a 5 murder investigation? Something that came out in the 6 local community, would you be aware of something like 7 that? 8 A. I'm very much aware of those things. 9 Mr. Davidian has consistently through his publication 10 suggested Cocaine use. Articles that say "Confidential 11 sources say that the district attorney has a Cocaine... 12 uses Cocaine" or people saying they've used Cocaine with 13 the district attorney. 14 At one point in time, Mr. Davidian was in my office 15 and he said, "Well, let me just ask you something. Have 16 you ever used Cocaine?" And I said, "No", which is the 17 truth. I had not. 18 And before long, there was a big headline, "District 19 Attorney Gibson denies Cocaine use", which could be 20 orchestrated to convey to the general public that it was 21 true, but I was just denying it. And it was a total spin 22 on the truth. 23 Q. Did articles such as this, were those 24 published prior to the subpoena quash in the traffic 25 ticket case or after? Page 13 ------------- 1 A. Well, I'm not exactly sure about the 2 dates, but I believe they were before and after. 3 Certainly after and I believe some of those articles came 4 before the subpoena issue. 5 Q. What was Mr. Davidian's response as far 6 as his publication when you through the state attorney 7 general's office resisted providing access to 8 Mr. Davidian to your files pursuant to the subpoena that 9 he issued? 10 A. Well, there was implication that the 11 state had come in to protect this conspiracy. That was 12 what was implied in his article. That "obviously the 13 district attorney has dodged the bullet of this subpoena 14 and the truth will remain unheard". 15 MR. HARRIS: I'm going to object to this 16 testimony at this time. There's been no foundation as to 17 what he... to where these statements are, what articles 18 he's referring to. And certainly I'm also objecting on 19 the grounds of best evidence. If he's going to state 20 what's in these articles, I think the articles need to be 21 submitted, rather than have him summarize what he thinks 22 they say. So I would ask that we have some foundation as 23 to which articles he's referring to. 24 MR. DUFFY: Well, the articles will be 25 exhibits at trial. I'm asking him to testify as to Page 14 ------------- 1 his... right now as to his recollection of these 2 articles. 3 MR. HARRIS: Then I raise the best evidence 4 rule. 5 MR. DUFFY; Fine. 6 BY MR. DUFFY: 7 Q. You may go ahead and finish your 8 answer, sir. 9 A. I just recall the articles made the 10 implication that there was, you know, again, some big 11 secret hidden in these files, which there wasn't. 12 Q. Let me show you what is dated the 13 November 12th, 1997 edition of the Putnam Pit and ask you 14 if you are familiar with that first off? 15 A. I have seen this, yes. 16 Q. All right. And reading from it, since 17 we can't make it an exhibit right now at this deposition, 18 why don't you just read that starting with editorial 19 over. Read the first page of that, where the word 20 "Editorial" begins and there's a picture of it looks like 21 Darlene Eldridge. 22 A. In large print "Who killed Darlene 23 Eldridge?", with a question mark. "By Geoff Davidian, 24 editor of the Putnam Pit. Five years ago on 25 November 21st, school teacher Darlene Eldridge died of Page 15 ------------- 1 the injuries she received when an arsonist torched her 2 State Street home as she slept. The killer has not been 3 prosecuted. City Attorney T. Michael O'Mara billed the 4 city about ten thousand dollars for his work in keeping 5 the files of this killing closed, protecting District 6 Attorney General William E. Gibson from having to testify 7 about possible Cocaine use with the dead woman and other 8 facts that would have brought the killer to justice. 9 Nice work, Mike. You are an example of the finest and 10 brightest, an example of a person who abused the system 11 to keep a killer on the streets. Congratulations on your 12 fine work. Maybe your church will pray for your soul. 13 The Putnam Pit is certain that those who worship with you 14 are as clear in their opinion of your fine work as we are 15 at the Putnam Pit. Mr. O'Mara, our hats are off to you 16 for the lack of shame with which you carry yourself. 17 Remember, you shmoozed your way to the top. Now just 18 steal from the public and help the scum bags. After all, 19 you have to prepare for hell". 20 Q. Now, let me ask you with respect to the 21 implications, whatever they might be, that an arsonist 22 torched the home of Darlene Eldridge. Was that 23 investigated? 24 A. That was thoroughly investigated by 25 several agencies. Page 16 ------------- 1 Q. And what determination was made with 2 respect to whether it was an arson? 3 A. There were a lot of agencies involved 4 and various determinations. I don't think there was ever 5 a firm finding that it was the result of an arsonist. 6 think at one point the fire marshal's office may have 7 suggested that and then changed their opinion. 8 I know for a fact that there was never a suspect 9 developed or a motive. The Cookeville Police Department 10 did extensive work on it and then as I said earlier, at 11 the request of the family, the T.B.I. came in to follow 12 certain leads that the family suggested might be viable 13 that were overlooked intentionally by the police 14 department. The T.B.I. investigated it. And there has 15 never been a finding by those agencies that it was an 16 arson or that it was a murder. 17 Q. So with respect to the implication that 18 the killer has not been prosecuted, was there ever a 19 suspect identified? 20 A. There's never been a suspect 21 identified. 22 Q. And the investigation into that, was 23 that something done by your office? 24 A. No, it was not done by our office. 25 We're not a primary investigative agency. But it was Page 17 ------------- 1 done by the police department and the T.B.I. and some 2 other agencies that worked with them. 3 Q. Now, with respect to the implications 4 that the city attorney was protecting you, the district 5 attorney general, from having to testify about possible 6 Cocaine use with a dead woman and other facts that would 7 have brought the killer to justice, first off let me ask 8 you this question. What do you have to say about 9 Mr. Davidian's accusations about your possible Cocaine 10 use with the dead woman? 11 A. I've never used Cocaine with anybody. 12 And I didn't know Ms. Eldridge at any level. I knew she 13 was a school teacher. I can't say that we never met, but 14 certainly before this I couldn't have picked her out of a 15 crowd or told you who she was. 16 Q. And with respect to Mr. Davidian's 17 implication that your testimony would have revealed facts 18 that would have brought the killer of Darlene Eldridge to 19 justice, what say you to that? 20 A. There's nothing about that. There's 21 nothing that I could have testified to or knew that... 22 If there were a killer of Darlene Eldridge, I would love 23 nothing more than to see the person arrested and brought 24 to justice. There's been never anything hid. There's 25 nothing to hide in this case. Page 18 ------------- 1 Mr. Davidian had a traffic ticket case that I didn't 2 know anything about. Didn't have any information about. 3 And he attempted to use the subpoena power that people 4 have in that case to bring me to a deposition to discuss 5 an ongoing or an open file, an open investigation, which 6 was of great concern to everybody. 7 Q. And what do you say to the accusation 8 that the city attorney worked to... It says, "Billed the 9 city ten thousand dollars for his work in keeping the 10 files of the killing closed, protecting District Attorney 11 General William Gibson". First off, you know Mike 12 O'Mara, don't you, I guess? 13 A. I do. 14 Q. Did you have any discussion with 15 Mike O'Mara with respect to your criminal files in your 16 office as district attorney general about keeping them 17 closed or protecting you from testifying? 18 A. No, no discussion whatsoever. There 19 was no need to protect me at all. We did feel a need to 20 not open those files generally to the public scrutiny or 21 to Mr. Davidian at that point in time for very valid 22 reasons. Leads were still being pursued and the matter 23 was still under investigation by the T.B.I. 24 Q. Would it be the practice of your office 25 as district attorney or for that matter of a prosecutor's Page 19 ------------- 1 office anywhere to open their files up in response to... 2 their criminal files in their office in response to a 3 civil subpoena? 4 A. I can't imagine that that would ever 5 happen outside of a court order to do so, just because of 6 the fact that it could compromise the investigation. And 7 in some cases, if that were a precedent, it could 8 compromise people's lives. 9 Q. Did Mr. Davidian's attitude toward you 10 change when you refused to provide him the information he 11 sought with respect to Darlene Eldridge? 12 MR. HARRIS: I'm going to object to the 13 leading. 14 WITNESS: Mr. Davidian has always had a 15 very aggressive, combative, antagonistic approach to me 16 and I don't know that it's ever changed. I think the 17 first day he came in he had it and if anything, it's 18 gotten worse over time. Mr. Davidian's approach has been 19 very accusatory and just very aggressive. 20 Q. All right. Has Mr. Davidian ever 21 accused you of being part of a conspiracy to cause harm 22 to the Eldridge family, either through the prosecution or 23 lack thereof of Darlene, or her brother, one Fabian 24 Eldridge? 25 MR. HARRIS: I'm going to object for you to Page 20 ------------- 1 establish foundation as to certainly as to when this 2 occurred and if it's in the Putnam Pit, which particular 3 article. And if it is in an article, I would certainly 4 want that as the best... Also raise the best evidence 5 rule objection. 6 Q. You may go ahead and answer if you 7 recall the question. 8 A. Mr. Davidian has promoted the idea, the 9 false idea that I was in some way involved in the death 10 of Darlene Eldridge. That I had used Cocaine with 11 Darlene Eldridge and that I had some motives or some 12 effect in trying to quash the investigation or interfere 13 with the investigation, because eventually it was going 14 to lead back to me. And also in the prosecution of 15 Fabian Eldridge, he has attacked that on numerous 16 occasions. 17 MR. HARRIS: And again, I move to strike that 18 response for lack of foundation. 19 Q. Let me show you what is one of 20 plaintiff's exhibits, and they have not been numbered at 21 this time. But do you recognize the "It's Bash Bill 22 Gibson Time" article from the Putnam Pit? 23 A. I do. 24 Q. Have you seen that before? 25 A. I have seen that. Page 21 ------------- 1 Q. And could you look on page three of 2 that exhibit, the number of which we will identify later. 3 First off, is that... do you recognize that as being from 4 the Putnam Pit web site? 5 A. I do. 6 MR. HARRIS: I'm sorry. Objection. What is 7 that? 8 MR. DUFFY: This would be page three. 9 MR. HARRIS: Just the page three in general? 10 MR. DUFFY: Yes. 11 MR. HARRIS: Okay. I'm sorry. I thought 12 you were pointing to something in particular. I didn't 13 know what you were pointing to. We'll certainly 14 stipulate that's from the Putnam Pit. 15 MR. DUFFY: All right. Thank you, 16 Mr. Harris. 17 BY MR. DUFFY: 18 Q. And what does it say in the upper right 19 hand corner on Mr. Davidian's web site? 20 A. It says, "New!", with an exclamation 21 point. "He painted the sign. He paid the taxes. The 22 least D. A. Bill Gibson could do is buy drugs with the 23 rest of the money like a decent and respectable D. A., 24 although he denies he used them with murdered school 25 teacher, Darlene Eldridge". Page 22 ------------- 1 MR. HARRIS: I'd like you to finish reading 2 the rest of that. 3 WITNESS: "By lawyer-ex, Putnam Pit 4 gorilla law columnist". 5 BY MR. DUFFY: 6 Q. Thank you. Were you asked.., or I'm 7 sorry. Do you remember Putnam Pit articles with respect 8 to whether or not your office would investigate or 9 prosecute so called illegal jailer's fees allegedly 10 collected by Circuit Court Clerk Lewis Coomer? 11 A. Yes, I'm familiar with that. 12 Q. Can you give the jury some background 13 so they'll know what we're talking about when we talk 14 about the jailer fees collection issue that 15 Mr. Davidian is writing about? 16 A. Well, at some point several years -- I'm 17 not sure of the exact date a law was passed that allowed 18 local governments to collect a fee from inmates housed in 19 local jails to offset the cost of their housing, so that 20 the inmates in some manner, in some way, could be 21 partially paying their own way and not the government 22 paying for all the expense of housing them. 23 It's Mr. Davidian's contention that at some point 24 the circuit court clerk in Putnam County started 25 collecting those fees either before the effective date of Page 23 ------------- 1 the statute or before the law was ratified by the county 2 government. I'm not sure. 3 But it boils down to an accusation that on behalf of 4 Putnam County, he started collecting these fees ahead of 5 when he was supposed to by some days or weeks or months. 6 And that in fact, it should be investigated and 7 prosecuted for some crime, I suppose. That's what he was 8 promoting. (Note1) 9 Q. All right. Before we continue with 10 that, let me ask you to go back. Do you remember... Let 11 me show you again the "It's Bash Bill Gibson Time" 12 article. And on page two, do you recall the statement on 13 Mr. Davidian's web site, "The Gibson Legacy. Dead Baby 14 Capital of Tennessee"? 15 A. I do remember that. 16 Q. What was it that Mr. Davidian was 17 stating in the Putnam Pit web site with respect to you 18 and any relation to dead babies? 19 MR. HARRIS: I'm going to issue an objection 20 here on the best evidence rule, that the article speaks 21 for itself. 22 WITNESS: To me Mr. Davidian was implying 23 in that article or stating in that article that I was 24 responsible for dead babies in this area by virtue of my 25 job. Page 24 ------------- 1 MR. DUFFY: Mr. Harris, would you agree that 2 Mr. Davidian had on his web site... I can't lay my hand 3 on it right now, but the question "How many dead babies 4 are in Bill Gibson's back yard?"? 5 MR. HARRIS: We'll stipulate that that's a 6 rough paraphrasing I think of what that article is. In 7 fact, I believe... I thought we had that exhibit out 8 earlier. 9 BY MR. DUFFY: 10 Q. Do you have any idea what Mr. Davidian 11 is referring to in that accusation in the Putnam Pit? 12 MR. HARRIS: I am going to object on the best 13 evidence rule and also foundation as to whether.., to 14 establish whether or not Mr. Davidian wrote that article. 15 MR. DUFFY: You will stipulate it was on its 16 web site, won't you? 17 MR. HARRIS: Yes. 18 MR. DUFFY: Okay. 19 BY MR. DUFFY: 20 Q. "How many dead babies in D. A. Gibson's 21 back yard, by C.D. Sunny Boy Norman". Do you have any 22 idea what this accusation is about babies, dead babies in 23 your back yard on the Putnam Pit web site? 24 A. As best I recall that article, it had 25 something to do with Methamphetamine. Page 25 ------------- 1 MR. HARRIS: And before I had to sit back 2 down to get that, but objection to best evidence as to 3 the article speaks for itself. 4 WITNESS: The article, I mean, it 5 certainly says and implies that there's dead babies in my 6 back yard. And if you want to look deeper into it, that 7 I'm responsible for the death of babies in this area in 8 some way. And it was a very troubling article, a very 9 troublesome thing for me to read that. 10 Q. Is there any truth to that accusation 11 or innuendos therefrom? 12 A. No. 13 Q. All right. Now, going back to Circuit 14 Court Coomer, these jailer fees, were those fees that a 15 prisoner who was convicted of an offense and served jail 16 time, as a consequence thereof was to reimburse the 17 county for the expenses of, you know, holding him in 18 jail? 19 A. They were. 20 Q. And was a state statute passed that 21 enabled the circuit court clerks of the various counties 22 to seek reimbursement from the prisoners for those fees? 23 A. There was. The idea being to let the 24 inmates pay part of their own housing and not let the tax 25 payers bear the total cost. Page 26 ------------- 1 Q. All right. Let me show you this 2 article that's also from the November 14, 1997 Pit and 3 ask you to read the headline on that. Do you have a copy 4 of the article, the full article? He'll read it. 5 MR. HARRIS: Okay. I'm not sure which 6 article. You didn't show that to me. I'm not sure which 7 article you're referring to. 8 MR. DUFFY: I will say this is from the 9 C. D., I believe. And it was one of those things where 10 if you clicked on it, it tried to take you to the 11 internet. So I don't have the full copy. Yeah, this one 12 here. 13 MR. HARRIS: I'm sorry. Which article? You 14 said... Oh, C. D. You mean the C. D. Rom and not C. D. 15 Norman? 16 MR. DUFFY: Right. 17 MR. HARRIS: The article by Susan Richards 18 and Geoff Davidian? Is that what you're referring to? 19 MR. DUFFY: Right. 20 BY MR. DUFFY: 21 Q. And unfortunately, I'm going to need to 22 ask you just to read that paragraph. Or I can read it or 23 something. 24 A. "T.B.I., D. A. Gibson won't investigate 25 illegal jailer's fee collection by Court Clerk Lewis Page 27 ------------- 1 Coomer. By Susan Richards and Geoff Davidian of the 2 Putnam Pit Staff. While going hog wild to destroy 3 politically unpopular, seldom at work, faux-pas prone 4 County Assessor of Taxes Byron Looper, who is not accused 5 of any criminal activity, the Tennessee Bureau of 6 Investigation and the district attorney general will not 7 investigate illegal charging of jailer's fees by Circuit 8 Court Clerk Lewis Coomer. District Attorney General Bill 9 Gibson, clearly not the brightest man in the country, 10 refuses to receive the evidence, local judges refuse to 11 get involved and the state comptroller's division of 12 county audit has not addressed the possibility that the 13 money was diverted. Tennessee Bureau of Investigation's 14 number two man, Rob Reeves, became huffy, shouted 'gutter 15 journalism' and slammed down the phone when confronted 16 with the fact that the system does not address officials 17 taking money". 18 Q. Now, what do you say to the jury with 19 respect to Mr. Davidian's reporting that the district 20 attorney general... Well, first off let me ask you was 21 there any "illegal jailer's fee" collection by Circuit 22 Court Clerk Lewis Coomer as you understood it? 23 A. No, my understanding was that 24 Mr. Coomer was collecting the fees under this new statute 25 and putting them through the proper channels in his Page 28 ------------- 1 office. And Mr. Davidian's allegation was that he 2 started collecting, he jumped the gun or he started 3 collecting these fees before the effective date of the 4 statute or before the date when he should have started 5 collecting these fees. 6 And I've always said that, you know, if people paid 7 these fees before the law came into effect, they may have 8 a right to seek a refund. There's no implication that 9 Mr. Coomer stole any of the money or took any of the 10 money home. 11 It's just that he through inadvertence or whatever 12 started actually performing this duty before the 13 effective date that the law would have allowed him to. 14 We've never heard from any inmate who felt like he had 15 been taxed or paid the fees and should have a refund. 16 And in the context of Mr. Davidian, we felt like he 17 was just particularly on a vendetta pursuit of the 18 circuit court clerk. 19 Q. And were you ever.., do you remember 20 seeing the Putnam Pit article purporting to have an 21 exclusive interview from you with respect to the issue of 22 prosecution of Circuit Court Clerk Lewis Coomer? 23 A. I did see that article. 24 Q. Was there any... Stepping back to this 25 article, is there any truth to the statement that "the Page Page 29 ------------- 1 district attorney general will not investigate illegal 2 charging of jailer fees by Circuit Court Clerk Lewis 3 Coomer"? 4 A. There is truth to the statement that we 5 refused to investigate that situation. 6 Q. Was there any illegal charge in the 7 jailer's fees to investigate? 8 A. There was not. According to his own 9 allegations, it would not have been a criminal matter had 10 Mr. Coomer started collecting these fees prior to the 11 effective date. As I said before, you know, if people 12 inappropriately paid those fees before the law took 13 effect, then they could have asked for a refund. But 14 there was not any suggestion of what would have amounted 15 to criminal behavior on Mr. Coomer's part had the 16 allegation been true. 17 Q. Is the circuit court clerk's office 18 audited by the State of Tennessee comptroller's office? 19 A. The circuit court clerk's, as all 20 county offices, are very closely audited. Their books 21 and their money transactions are closely audited. 22 Q. Were you ever presented with any 23 evidence or requests for a prosecution of Circuit Court 24 Clerk--it's hard to say fast--Coomer's office with 25 respect to these jailer's fees from the auditors? Page 30 ------------- 1 A. No. There was never any suggestion 2 that the auditors found anything wrong there. 3 Q. Now, there is a discussion in that 4 article about "Going hog wild to destroy politically 5 unpopular" et cetera "County Assessor of Taxes Byron 6 Looper". 7 A. Uh-huh (affirmative response). 8 Q. For those on the jury who.., if anyone 9 might not know, tell them who Byron Looper is and where 10 he's at today. 11 A. Well, Byron Looper at this time was the 12 property assessor of Putnam County. He later was subject 13 to a criminal indictment by the Putnam County Grand Jury 14 for offenses that he committed in relation with that 15 office. 16 But the significant thing that people would remember 17 about Byron Looper is he is the man that later qualified 18 to run against State Senator Tommy Burks and assassinated 19 Senator Burks on his farm in October of 1998. And has 20 now been tried and convicted of that and he's serving a 21 life sentence without possibility of parole in the State 22 Department of Corrections. 23 Q. I've just been handed a note that I 24 forgot to ask you the follow-up on the exclusive 25 interview with District Attorney General William E. Page 31 ------------- 1 Gibson. Do you recognize that? 2 MR. HARRIS: Could I see what you're showing 3 the witness before you show the witness, Mr. Duffy? 4 MR. DUFFY: Sure. I'm sorry, Mr. Harris. 5 Once again, that is just what was on the C.D. Rom that 6 you provided. And if you try to click on the underlying 7 link, it tries to take you to the internet and it's not 8 contained on the C.D. Rom discovery responses that your 9 client has provided. 10 MR. HARRIS: Well, as you know, what's on the 11 C.D. Rom, you asked for what we still have in storage and 12 that's all we have. Some of these articles are old. So 13 if you're going to make these speeches, which I object 14 to, I'd move to strike these speeches. 15 BY MR. DUFFY: 16 Q. Is that the article to which you were 17 referring? 18 A. It is. 19 Q. Or the headline? 20 A. It's called "Exclusive interview with 21 District Attorney General William E. Gibson about the 22 Lewis Coomer thefts". 23 Q. Is that headline and the reporting that 24 is set forth therein accurate? 25 A. No. Not at all. Page 32 ------------- 1 Q. What happened? What is he referring to 2 there? 3 A. Well, it was one May on a Saturday. We 4 were having a car wash and we were using the parking lot 5 of the D. A.'s office to raise some money for Camp 6 Horizon, a program for special education children to get 7 to attend. And special education teachers were washing 8 cars basically to raise money for these kids to go to 9 camp in July. 10 Mr. Davidian comes flying into the parking lot and 11 pulls up and stops and rolls down his window and says, 12 makes some derogatory comment about something. I'm just 13 out here trying to garner political favor or something. 14 And starts to drive of f. 15 Speeds off kind of and then he stops abruptly and 16 backs up and he says something to the effect of, "Hey, 17 why won't you investigate Coomer?" And I made some 18 comment back to him about "Because there's nothing to 19 investigate. There's not a crime" or something. And he 20 rolls the window back up and takes off. 21 And he had under this headline the substance of that 22 two sentence conversation on the web page, implying that 23 it was an exclusive interview with me concerning the 24 Lewis Coomer thefts. And there were no Lewis Coomer 25 thefts. Page 33 ------------- 1 Q. Now, back to Mr. Looper. Was either 2 Mr. Davidian or the writers who supplied the information 3 to him as editor of the Putnam Pit critical of your 4 prosecution of whom we now know to be a convicted first 5 degree murderer, Byron Looper? 6 A. They were always critical of that, of 7 the prosecution of Mr. Looper. 8 Q. Do you understand why Mr. Davidian was 9 critical of your office for prosecuting a first degree 10 murder suspect? 11 A. I do not. Other than the fact that 12 Mr. Davidian is someone who historically has created... 13 he's been a person that's created difficulty, dissension, 14 fights. And he's somebody that has come in here to 15 basically depreciate the area and that would go 16 consistently with that theme. Obviously a man that's 17 here on that mission would take up for a person like 18 Byron Looper. 19 Q. Did the things that he accused you of 20 or your office of with respect to Byron Looper, were 21 those things true? 22 MR. HARRIS: Well, I'm going to object as to 23 foundation. We don't know what exactly it is that he's 24 been accused of. 25 Q. Can you cite us two examples of Page 34 ------------- 1 information that Mr. Davidian published on his web site 2 in support of Byron Looper prior to his conviction or 3 after if they were untrue with respect to your office's 4 prosecution of Mr. Looper? 5 MR. HARRIS: And to that, if he's going to 6 summarize these articles, I'm going to object on the 7 grounds of best evidence and ask that we actually know 8 which particular articles and we see these articles and 9 that these articles are the best evidence as to what they 10 said. 11 Q. Go ahead, sir. 12 A. His article suggested that Mr. Looper 13 was not being afforded his Constitutional rights. That 14 it was a politically motivated prosecution. That it was 15 some sort of vendetta. Suggestions that the good ol' boy 16 network of Putnam had succeeded in prosecuting an 17 innocent person. 18 During the trial, there was some very derogatory 19 things on the web page about witnesses that testified at 20 the trial. One particular individual, a farm hand at the 21 Burks farm named Wesley Rex, he's mildly mentally 22 retarded. And he was referred to on that web page as a 23 moron and an idiot and just some things that were 24 unnecessarily depreciatory, derogatory about somebody 25 that didn't even want to be involved in the case. Page 35 ------------- 1 Just a consistent tone of defending the actions of 2 Looper and using that as a platform to attack the 3 institutions and individuals around here that 4 Mr. Davidian constantly attacked. 5 MR. HARRIS: I'm going to move to strike all 6 of that as a characterization rather than an actual... 7 And again, under the best evidence rule, this is simply 8 his characterization and opinion as to what the Putnam 9 Pit says and not what it actually said. And that this 10 testimony should be stricken. 11 And also certainly if he's going to be allowed to 12 give his opinion, it's more prejudicial than probative 13 since he's hardly established himself as an expert on 14 what was written in the Putnam Pit. 15 Q. Let me show you what we have as an 16 exhibit of a Putnam Pit article on the Byron Looper case 17 and tell us whether that article is responsive to 18 Mr. Harris's objection. 19 MR. HARRIS: I'm going to object to that 20 question as he... 21 MR. DUFFY: (Interposing) Let me rephrase. 22 Let me rephrase it. 23 MR. HARRIS: Thank you. 24 BY MR. DUFFY: 25 Q. Is that Putnam Pit article one of the Page 36 ------------- 1 articles that you're familiar with, published in the 2 Putnam Pit about your office and the prosecution of Byron 3 Looper? 4 A. Is this article representative of what 5 we were saying? 6 Q. Is that one of them that you were 7 testifying about? 8 A. It is. And there were certainly worse 9 ones than this. 10 Q. Okay. Are there matters... 11 MR. HARRIS: (Interposing) Mr. Duffy, let me 12 stop you. I don't know if you specifically identified 13 this particular article for the record. 14 MR. DUFFY: Yeah, you're right, quite right, 15 Mr. Harris. Let's do that. The reason that I didn't 16 identify it was because the copy I have does not have a 17 date on it other than to say, you know, "The Putnam Pit, 18 No bull". It's entitled "Bible belt welts. Readers have 19 more faith in murder suspect Looper than in Bible 20 thumping D.A. poll finds". 21 MR. HARRIS: Is yours also four pages of 22 four? 23 MR. DUFFY: It's five pages actually. 24 MR. HARRIS: Okay. I only have four. 25 Anyway... Page 37 ------------- 1 BY MR. DUFFY: 2 Q. Do you recall without, you know, taking 3 the jury's time to go through all of it whether specific 4 items in Mr. Davidian's article, that particular article, 5 that you would like to respond to that made attacks at 6 your office? 7 A. "A year before the Burks murder, the 8 Democrat district attorney was willing to pay an 9 informant to 'set Looper up', even if he had to lie to do 10 it, John Wayne Dedmon told the Putnam Pit". That was a 11 lie which Mr. Dedmon admitted was a lie. It was an 12 effort that John Wayne Dedmon and Byron Looper and some 13 of his cohorts were forwarding pursuing to set the D.A. 14 up. And John Wayne Dedmon came up and admitted to all of 15 that. 16 Q. To your knowledge, did the Putnam Pit 17 ever publish anything about Mr. Dedmon? 18 A. The Putnam Pit was full of this 19 suggestion, that I had tried to hire Dedmon to set up 20 Byron Looper. 21 Q. Now, once it came out that that 22 accusation by Mr. Davidian, that it was false, did he 23 publish anything in the Pit to correct that? 24 A. No. He's never taken back anything 25 that he said that was false. Page 38 ------------- 1 Q. Even after Mr. Burks's (sic) conviction 2 on the first degree murder charge, has Mr. Davidian 3 continued to support Mr. Looper? 4 A. Mr. Looper... 5 MR. HARRIS: (Interposing) I would object to 6 that question and ask... There's nothing here showing 7 that he ever supported Mr. Looper. And you're asking 8 that leading. You're asking that in a way to prejudice 9 the jury. 10 MR. DUFFY: Let me rephrase. 11 MR. HARRIS: This article clearly refers to 12 Looper as an insatiable office seeker. And yet you are 13 sitting here mischaracterizing the tone of the article by 14 selectively picking out the whole article. 15 MR. DUFFY: Let me rephrase the question. 16 MR. HARRIS: Thank you, Mr. Duffy. 17 BY MR. DUFFY: 18 Q. Did Mr. Davidian ever publish anything 19 to rectify that false accusation with respect to 20 Mr. Dedmon and your office? 21 A. Not to my knowledge. I quit really 22 paying any attention to the Putnam Pit at the end of the 23 Looper trial, because some of the matters that were in 24 that publication during and after the Looper trial were 25 so disturbing that I didn't... I just didn't want to... Page 39 ------------- 1 You know, I used to read it sometimes, but after some of 2 the things he was saying during and after the trial, I 3 didn't care to even visit the web page any more. 4 MR. HARRIS: I'm going to move to strike that 5 under the best evidence rule and lack of foundation as to 6 what exactly it is that he's referring to. It is 7 disturbing. We have no basis to know what specifically 8 he's referring to. 9 Q. And let me show you another article 10 from the Putnam Pit. Do you recognize that one? 11 (Article is handed to counsel.) 12 MR. HARRIS: Thank you, Mr. Gibson. 13 Objection as to foundation and as to the nature and who 14 wrote the article and when it was published. Of course, 15 we reserve that objection. I know you'll possibly 16 establish it with another witness. 17 MR. DUFFY: Right. 18 MR. HARRIS: But until then, of course. 19 BY MR. DUFFY: 20 Q. Let me show you an article that has 21 been... It has the date of February 24, 2001 from 22 WWW.putnampit.com, with some sub-addresses. 23 MR. HARRIS: Mr. Duffy, you may need to 24 identify that more specifically for the record. Because 25 I certainly would ask for a copy of that. Page 40 ------------- 1 MR. O'MARA: Page 746 and 747 of the C.D. 2 Rom. But I'll get you a copy. 3 BY MR. DUFFY: 4 Q. Let me... I'm afraid that the only way 5 we're really going to be able to identify it for the jury 6 would be to ask you perhaps if you'd just read where it 7 starts talking about D. A. Gibson and prosecuting the 8 Looper murder case. 9 A. "How we feel about D.A. Gibson 10 prosecuting the Looper murder case. How we would feel if 11 the case were jeopardized because he insists on 12 prosecuting despite his links to the case. How we feel 13 about the chances of Gibson being forced to testify? How 14 we would feel if Gibson were committed to a psychiatric 15 hospital, driven in one of Sheriff Jerry Abston's cars 16 two weeks before trial, just before he was to testify 17 about setting up Byron Looper. How we'd feel if we had 18 been fed lies? How we would feel if land speculation was 19 behind the killing. How we would feel about corruption, 20 conniving and justice disregarded. How we would feel 21 about political use of the criminal justice system. How 22 we would feel if Burks's killer stays free because Gibson 23 needs a witness against Looper. 24 Q. And what have you to say about that 25 commentary with respect to your office and your Page 41 ------------- 1 prosecution of Mr. Looper reported in the Putnam Pit? 2 A. Well, this particular article makes a 3 lot of implications. It doesn't state anything. It 4 makes statements in the form of questions that if those 5 were made in the form of statements, they would be false. 6 There's not any basis to any of this. You know, he's 7 suggesting that Senator Burks's killer would stay free 8 because of me, because of some need I have. "Because 9 Gibson needs a witness against Looper". 10 MR. HARRIS: I'm going to object and move to 11 strike this. He's not established any foundation that he 12 knows what the article is about. 13 MR. DUFFY: I believe he prosecuted the case 14 and would be... Do you feel like that you're... 15 MR. HARRIS: (Interposing) Well, then I'm 16 going to have to move if this is about the prosecution, 17 I'm going to move to have all of his testimony dismissed 18 then if this is... If your offer of proof here is that 19 we're going to retry the Byron Looper murder case, then 20 all of his testimony is irrelevant under 403. It's a 21 waste of the court's time. It would require extensive 22 cross examination and rebuttal. And I want that on the 23 record that we would now... 24 If that's your purpose in introducing all of this, 25 that all of this testimony should be stricken. The Page 42 ------------- 1 question I believe had nothing to do with the fact that 2 he has... I'm well aware that Mr. Gibson prosecuted Byron 3 Looper. He won that case. Byron Looper was convicted. 4 But the issue is what... 5 I believe your question dealt with what he wrote 6 about Byron Looper and about the prosecution. And 7 certainly he's written these questions that are now being 8 characterized as statements and recharacterized without 9 us having knowledge of what's in the article. 10 And so again, if that's the case, I would move that 11 all of his testimony be stricken. 12 (Whereupon a short recess is taken.) 13 BY MR. DUFFY: 14 Q. General Gibson, during the break, have 15 you had an opportunity to read the two page excerpt from 16 the Putnam Pit relating to your office as the prosecution 17 of Mr. Looper? 18 A. I have. 19 Q. Based on your having been deeply 20 involved in the prosecution of the case, are you able to 21 tell the jury your side, your side or explanation for the 22 innuendos made by Mr. Davidian or whoever the author is 23 in the Putnam Pit in those articles? 24 MR. HARRIS: I'm going to object to that 25 question as awfully vague. What innuendo in particular Page 43 ------------- 1 are you referring? 2 Q. Let me just ask it this way. What is 3 your response to what Mr. Davidian has published there, 4 if it's Mr. ... either as the editor or author? 5 A. Well, I have to quote some of it to 6 respond. It starts out, "How it feels to be short shorn, 7 without mention of honor, guts, glory, integrity, ethics, 8 competence or brains. How much decency we feel we must 9 cede to satisfy District Attorney General Bill Gibson's 10 seeming, at least to us after thoughtful consideration 11 for months and years with no malice, something that in 12 the past the Putnam Pit would unattractively have called 13 'inferiority, I-must-control,' sociopath driven need to 14 prevail." 15 And then it asks the question, "Why?" And then it 16 answers, "How do we feel about D. A. Gibson prosecuting 17 the Looper murder case?" And the first response is 18 "How we would feel if the case were jeopardized because 19 he insists on prosecuting despite his links to the case", 20 which the implication is I shouldn't have prosecuted the 21 case because I have some links to the case, which is 22 totally false. I had no links to the case whatsoever 23 that would make it inappropriate or ineffective for me to 24 prosecute it. 25 "How we feel about the chances of being Gibson... of Page 44 ------------- 1 Gibson's being forced to testify". There was a point at 2 the trial that the defense tried to call me as a witness 3 in their case for some unknown reason. 4 "How we would feel if Gibson were committed to a 5 psychiatric hospital, driven in one of Sheriff Jerry 6 Abston's cars, two weeks before the trial, just before he 7 was to testify about setting up Byron Looper." I'm not 8 sure, except it may refer to a gentleman named John Wayne 9 Dedmon, who said that he had conspired with Looper to set 10 me up. 11 "How we would feel if we had been fed lies?" 12 MR. HARRIS: I'm going to object and move to 13 strike that as hearsay as to what John Wayne Dedmon said. 14 That statement should be stricken. 15 WITNESS: John Wayne Deadmon said it in... 16 MR. DUFFY: (Interposing) It's not offered 17 for the truth. 18 WITNESS: "How we would feel about 19 corruption, conniving and justice disregarded. How we 20 would feel about political use of the criminal justice 21 system." Some theory that the Looper prosecution for the 22 murder of Senator Burks was political. 23 MR. HARRIS: And I'm going to object to this 24 speculation as to his testimony as to what... how Bill 25 Gibson interprets this. Page 45 ------------- 1 WITNESS: That's what he's talking about. 2 That's what he's always talked about. "How we would feel 3 if Burks's killer stays free because Gibson needs a 4 witness against Looper", suggesting even at this point in 5 time that Looper is not the killer. Then it comes on 6 over and says... 7 MR. HARRIS: (Interposing) I'll have to 8 object to that characterization and object to this 3/4) 9 speculation as to what that means and what it suggests 10 and that that testimony should be... I also move to have 12 WITNESS: And then it's got here a picture 13 of me with a circle-slash over my face and the headline 14 is, "How we feel about what you can tell from a man's 15 eyes? Whether or not we feel you can tell whether he was 16 a bad, bad boy?" 17 And over the circle-slash that's over my face, it 18 has what would seem to be a quote from me saying, "Will 19 you forgive me? I have faith in God. I won't do it 20 again, as far as you know. I swear." 21 And then it comes on down and says, "Does it feel 22 like Billy's been a bad, bad boy? Did it feel bad when 23 you were feeling you were being a bad, bad boy? It 24 didn't feel like I was being bad, but..." 25 And those are things that at least by innuendo and Page 46 ------------- 1 implication seem to be quotes from me, which they are 2 absolutely not. 3 MR. HARRIS: I'm going to object and move to 4 have that stricken as to what it characterizes, what it 5 represents, who it says. That's pure speculation on his 6 part as to who it involves. 7 WITNESS: I assume the jury is going to 8 see this exhibit. 9 MR. HARRIS: I would move to strike that 10 comment. 11 MR. DUFFY: We're going to introduce that as 12 one of the many articles that is published on the Putnam 13 Pit relevant to whether or not the Putnam Pit addresses 14 the subject matter of the promotion of the economic, 15 welfare, commerce and tourism in the industry in the 16 area. And you would agree that is an excerpt from the 17 Putnam Pit web site. Is that correct, Mr. Harris? 18 MR. HARRIS: Presumably it is an excerpt from 19 the Putnam Pit. But his comments as to how he interprets 20 it are totally irrelevant and speculation as to what he 21 thinks the article means. It's his interpretation and 22 any statements made there would be more prejudicial than 23 probative of any reason that you've stated that you wish 24 to introduce this into evidence. And we would certainly 25 reserve this particular matter for further review by the Page 47 ------------- 1 court. 2 WITNESS: The jury can make it's own 3 determination, but this is extremely representative and 4 characteristic of Mr. Davidian's form of journalism. 5 MR. HARRIS: (Interposing) I'm going to move 6 to strike that. I'm going to move to strike that. 7 Mr. Gibson, you're not here as an attorney. And if I 8 make an objection, the court is not here, but they would 9 tell you, as I'm sure you have seen when you've been in a 10 court room, that you have to stop talking when an 11 objection is made. I am moving to strike your comments 12 as to what the jury can and will do. And I would think 13 as an attorney you would know that and that you're 14 starting to be... your behavior is starting to become 15 objectionable. 16 MR. DUFFY: Mr. Harris, what intent to do is 17 to let the jury see the exhibit. Let them assess their 18 interpretation and hear General Gibson's response. 19 That's all we're going to do. We'll let the court 20 decide. 21 MR. HARRIS: I agree. 22 MR. DUFFY: I'll move on. 23 MR. HARRIS: All right. Let me say this. 24 Put this on the record. But you would agree that as a 25 witness, he cannot tell... he is not to directly address Page 48 ------------- 1 the jury and tell them what they can and can't do. 2 MR. DUFFY: I agree. 3 MR. HARRIS: And I know, Mr. Gibson, you're 4 used to being an attorney and therefore you're used to 5 talking to the jury, but you're here as a witness today. 6 And so... 7 WITNESS: (Interposing) You've got it. 8 MR. HARRIS: Right. It's a little bit 9 different. I understand. I've not done that in your 10 role yet, so I wouldn't know how I would react either. 11 BY MR. DUFFY: 12 Q. Mr. Gibson, let me ask you with respect 13 to the matters of the Putnam Pit that discuss the 14 operation of the office of the District Attorney General 15 in the Thirteenth Judicial District, do those articles 16 characterize that office in any kind of a fair light? 17 A. No. Whatsoever, no fair light at all. 18 No objectivity, no fairness. And this is a perfect 19 example of the kind of publication, the smut that he puts 20 out in his publication. 21 (Question is stricken.) 22 Q. With respect to the question of whether 23 the Putnam Pit in its articles as they address the office 24 of the District Attorney General in the Thirteenth 25 Judicial District, does the Putnam Pit do anything to Page 49 ------------- 1 promote the welfare of the community? 2 MR. HARRIS: I'm going to object to that as a 3 conclusory opinion, which he's certainly not an expert on 4 that subject. And I don't know that he's qualified to 5 give a lay opinion on this particular matter. 6 Q. Just go ahead. 7 A. I've never seen anything in the Putnam 8 Pit that did anything but depreciate the well being of 9 this community. And I will add inappropriately in most 10 cases. 11 Q. Is there anything in the Putnam Pit 12 that you've seen as it relates to law enforcement and the 13 criminal justice system in the Putnam County area, is 14 there anything... Well, let me just ask you, how would 15 you believe that someone thinking about locating a 16 business here... Let's start with that, someone seeking 17 to locate a business here or do business there, how would 18 they interpret.., or excuse me. How would the Putnam Pit 19 cast this area in terms of the criminal justice system? 20 MR. HARRIS: I'm going to object to that 21 question as vague. I'm not sure I understand it. And to 22 the extent that it calls to give an opinion as to how 23 other people would react, I'd certainly think it would be 24 speculative and he's in no... there's no foundation that 25 he can give that type of opinion as to what other people Page 50 ------------- 1 think. 2 WITNESS: The misrepresentations of the 3 Putnam Pit would, if believed, if reviewed by people, it 4 would cast this area in such a poor light, in my realm 5 particularly in regards to the criminal justice system. 6 To suggest that there's dead babies in the district 7 attorney's back yard. That the tax assessor was first 8 prosecuted or persecuted inappropriately for political 9 reasons, while the killer of the state senator is still 10 running free. That the district attorney is a Cocaine 11 user, a Cocaine addict. None of which, none of these 12 things are true. And they cast this area in a terrible 13 light for anybody that should happen to see it. 14 MR. HARRIS: I'm going to move to strike that 15 answer for the reasons previously gave. I gave the 16 objection and it was somewhat nonresponsive. And his 17 opinion for which he had... there's no foundation for his 18 opinions to given. 19 Q. Let me ask you hypothetically if you 20 were running... Does the district attorney general's 21 office run a web site? 22 A. We don't. The district attorney's 23 conference does, but our local office does not. 24 Q. If you were running a web site with web 25 links with the goal of promoting the Putnam County area, Page 51 ------------- 1 hoping to attract businesses, hoping to attract visitors 2 to their area, hoping to attract families who may want to 3 move here, would you believe that the Putnam Pit meets 4 the criteria of promoting the area to such persons? 5 MR. HARRIS: I'm going to object to this 6 question as it calls for speculation. There's no 7 foundation that he can give this opinion. Any opinion he 8 would give would be totally speculative. And there's no 9 showing he has any knowledge whatsoever. Certainly he's 10 indicated he's never ran a web site. And this question 11 should be stricken. 12 WITNESS: I absolutely do not believe that 13 it does anything to promote the goals of the Cookeville 14 web site. And I can't imagine that anybody that had ever 15 read one word of it would think differently. 16 Q. Your witness. 17 MR. HARRIS: I would object and move to 18 strike that last statement by him also as a conclusion, a 19 conclusory opinion, an ultimate question for the jury. 20 21 22 CROSS EXAMINATION 23 BY MR. HARRIS: 24 Q. Mr. Gibson, you're a politician. 25 Correct? Page 52 ------------- 1 A. I'm an elected official. 2 Q. And you're a politician. Correct? 3 A. Depending on your definition of that. 4 Well, I run for office, yeah. 5 Q. Previously you gave a deposition this 6 afternoon in which you stated yes, you were a politician, 7 did you not? 8 A. I think I answered you that I am an 9 elected official. I do run for office once every eight 10 years. If you call that a politician, then yes, I am a 11 politician. 12 Q. Well, do you call that a politician? 13 A. Well, politician means different things 14 to different people and often has a really poor 15 connotation, but I am an elected official. If I'm a 16 politician, I'm a poor one. 17 Q. Well, you've actually been successful 18 as a politician if the definition of politician is 19 somebody who runs for office, haven't you? 20 A. I think I've done a good job in the 21 D. A.'s office. 22 Q. But you've been successful in terms 23 that you've been able to be popularly elected? 24 A. I have been elected and re-elected one 25 time. Page 53 ------------- 1 Q. You're a public official. Correct? 2 A. That's correct. 3 Q. You're a public servant. Correct? 4 A. Correct. 5 Q. And you would do nothing to try to 6 misuse your office. Is that correct? 7 A. I would hope to never misuse my office. 8 Q. Okay. And as a public official, you 9 would not deny somebody a government benefit just because 10 you disagreed with their view point, would you? 11 A. So in the realm of my office, if a 12 critic of mine came in to seek to prosecute... to seek 13 prosecution of a crime or to seek the services of the 14 district attorney's office, and it was somebody even 15 though they were critical of me, they would still come to 16 my office seeking our help, I guess I would talk it over 17 with the person. I would say, you know, "You're critical 18 of me. Would you be really comfortable having my office 19 serve your needs in this criminal matter in this case?" 20 If they were and I felt comfortable with it, I would try 21 to proceed with it. 22 Otherwise, there is a procedure in place where 23 another district attorney can be appointed. If the 24 person said, you know, "I don't like you. I don't 25 really... There's been a crime committed against me. I Page 54 ------------- 1 don't want you handling it", I could get them another 2 district attorney appointed from another part of the 3 state and have no contact with the case, but still insure 4 that that person got the services of the D. A.'s office. 5 Q. Well, I will move to strike that as 6 nonresponsive. Let me ask you the question. And I'm 7 starting from the general... from a general move to the 8 specific, if you will. You would not deny somebody the 9 benefits, as a public official, you would not deny them 10 the benefit of government services strictly because you 11 disagree with them over their view point? 12 A. Well, I can speak only from the stand- 13 point of the services that I provide. And that's just 14 what I just got through telling you that nobody should be 15 denied, no victim of a crime should be denied a competent 16 prosecution just because they're critical of the local 17 D. A. 18 Q. Okay. Let me try this again. 19 A. Okay. 20 Q. This question seems to call for a yes 21 and no and you don't seem to be responding that way. 22 Would you as a public official deny someone benefits of 23 your government office or resources of your government 24 office because of their view point? 25 A. I would never deny a citizen competent Page 55 ------------- 1 prosecution because I disagree with their view point on 2 some issue. 3 Q. Now, you previously took a deposition 4 that I wish to enter, but we do not have that prepared. 5 And I will reserve the right to introduce portions of the 6 deposition at trial. Or we can, I guess, postpone this 7 until we can get the deposition prepared, Mr. Duffy. How 8 do you wish to proceed? 9 MR. DUFFY: The deposition will be used in 10 any way that the deposition can be used under the Federal 11 Rules of Civil Procedure and the rulings of the court. 12 MR. HARRIS: That's true. It will be. Well, 13 since the deposition hasn't been prepared, since you gave 14 me such short notice for this matter, I don't have the 15 transcript with which to confront him. And therefore I 16 reserve the right to ... 17 MR. DUFFY: (Interposing) You can designate 18 the page and line numbers of the deposition. 19 BY MR. HARRIS: 20 Q. Did you not previously testify at the 21 deposition that you said a public official could not deny 22 someone government resources or government benefits 23 because of a view point? 24 A. That's exactly what I'm saying now. 25 Except I don't know about could not. Certainly should Page 56 ------------- 1 not. I don't know that, you know, if a public official 2 was determined to violate ethics and moral standards that 3 he could, but he sure shouldn't. 4 Q. Right. 5 A. But I can only speak in the context of 6 my office and my profession. 7 Q. Mr. Gibson, I'm not accusing you of 8 denying anyone. You understand my question is not 9 accusing you of denying anybody government benefits or 10 government resources because of somebody's view point. 11 I'm just getting your opinion as a public official as to 12 how you conduct your office. 13 A. Well, and I want you to understand that 14 my answer is in the context of my office, which is what I 15 assume is what you're asking. 16 Q. And you've stated you would not and you 17 should not deny somebody government benefits. Correct? 18 A. I would not... 19 Q. (Interposing) Because of the view 20 point? 21 A. I would not and certainly no elected 22 district attorney should deny somebody competent 23 prosecution because they disagree with the person's view 24 point. 25 Q. And the First Amendment protects, the Page 57 ------------- 1 First Amendment of the United States Constitution 2 protects people's rights to criticize public officials. 3 Isn't that correct? 4 A. That is correct. 5 Q. And part of the protection of the First 6 Amendment would mean that public officials cannot 7 retaliate against individuals because they have 8 criticized a public official. Is that correct? 9 A. Well, I assume that it would be illegal 10 and certainly morally and ethically and illegal to 11 retaliate against a citizen because they are critical of 12 your office. 13 Q. Do you think that denying somebody 14 government resources because they're critical of a view 15 point, because that person expressed a critical view 16 point, do you think that could constitute a form of 17 retaliation? 18 MR. DUFFY: Objection at this point on the 19 grounds that it's not relevant and it calls for a legal 20 conclusion. 21 Q. Go ahead and answer it. 22 A. I don't understand the question. 23 Q. Okay. Would denying... for example- 24 I'll try it by example to help you understand--for 25 example, if somebody had criticized you as district Page 58 ------------- 1 attorney? 2 A. Uh-huh (affirmative response). 3 Q. And then that person came to your 4 office for a child support collection matter? 5 A. Uh-huh (affirmative response). 6 Q. I understand you've already mentioned 7 about conflicts.But assuming they wanted your office to 8 pursue the child collection matter, would you deny 9 somebody the right to take advantages of your office and 10 its child support collection strictly because you 11 disagreed with their view point on that? 12 A. I can't imagine a scenario if the 13 person was comfortable with my office being the agency 14 that pursued their matter and I was still comfortable 15 working with the person, I can't imagine a scenario where 16 we would not go forward. But as I said before, if it 17 were... 18 It's a bizarre sort of question where you're telling 19 me that a person that's critical of my office is coming 20 to my office for services. Typically that person is not 21 going to come to my office. They're going to come and 22 try to find a way to get another district attorney, which 23 there is a procedure to do that. 24 Q. And first they would probably come to 25 your office though? Page 59 ------------- 1 A. But if the person came to my office... 2 and we have had situations where people for one reason or 3 another were uncomfortable with our office. Maybe we had 4 prosecuted relatives of theirs in the past or for 5 whatever reason. And we have referred those people into 6 this process where they can get a district attorney 7 appointed through a mutual process from another area. 8 So the question you're asking is would Is.. 9 Q. (Interposing) I'm going to move to 10 strike this as nonresponsive. I gave this example to 11 help you understand my question. I don't... And then I 12 made it clear that I understand about your conflicts of 13 interest. Point blank, it's wrong, it would be wrong, if 14 they insisted that they had a right as a citizen to child 15 support collection, it would be wrong to deny them solely 16 because of their view point. Isn't that true? 17 A. Yeah, that's absolutely true. 18 Q. Okay. Thank you. See, it was simple. 19 A. But you're asking that in the context 20 of my office and I'm having to answer that in the context 21 of my office. 22 Q. Basically I'm asking you that in the 23 context as a public official. Now, you'd agree that 24 Geoff Davidian has published stories in the Putnam Pit 25 that have been critical of you? Page 60 ------------- 1 A. Geoff Davidian has published stories in 2 the Putnam Pit that have been critical of me. 3 Q. I mean, that's just an understatement 4 practically, isn't it? 5 A. Well, his stories have been lies and 6 innuendo and implication and... 7 Q. (Interposing) That's not my question. 8 I'd move to strike your response. 9 A. ... maybe it's an element of truth that 10 is spun to the point that it loses any semblance of 11 truth. 12 Q. My question is it's pretty clear that 13 he writes negative stories about you. Correct? 14 A. Your question was "That's an 15 understatement, isn't it?" And yeah, that's an 16 understatement. 17 Q. That's how you answer a yes or no 18 question, Mr. Gibson, would you agree? 19 A. Negative and untruthful stories. 20 Q. Well, I didn't ask about untruthful 21 stories, did I? 22 A. (Negative response). 23 Q. You seem to want to... In your 24 testimony here, you seem to stay on that line that 25 every.., you always say that the Putnam Pit is Page 61 ------------- 1 untruthful. Is that as a result of your discussion with 2 your attorney, the attorneys for the City of Cookeville 3 here this afternoon? 4 A. It's a result of reading the Putnam Pit 5 over the years. 6 Q. Well, you don't have to put... Would 7 you agree you don't have to put that spin in every time I 8 ask a question? 9 A. Well, when your question calls for that 10 answer, then I feel like I should give you that. 11 Q. Well, if I asked if it's negative and I 12 don't ask about truth, explain to me how you feel you can 13 just add whatever you want in your testimony. 14 A. Well, to me the explanation of whether 15 it's truthfulness or untruthful goes to the negativity of 16 it. 17 Q. So you think the Putnam Pit is negative 18 because it's untruthful? 19 A. I think it's extremely negative and 20 untruthful. 21 Q. Okay. Now, previously in the 22 deposition you indicated that you had read a story in the 23 Putnam Pit that seemed to say that you had spent too much 24 money having a sign painted on your office on Jefferson 25 Avenue? Page 62 ------------- 1 A. That's correct. I did spend too much 2 money. 3 Q. You also said that the Putnam Pit was 4 truthful. You agreed with that expression of an opinion? 5 A. I didn't say the Putnam Pit was 6 truthful. I said in that particular instance he accused 7 me of spending too much money on that sign and I did 8 spend too much money on the sign. 9 Q. Well, it might take a while. Would you 10 like to have that portion of your deposition read to you? 11 A. Sure. I mean, I'm not denying what you 12 say. I spent too much money on the sign and when he 13 printed that in the Putnam Pit, that particular sentence 14 was the truth. 15 Q. Okay. So the Putnam Pit did.., that 16 story was true. Correct? 17 A. Well, that sentence was true. I don't 18 recall the whole story, but he accused me on that one 19 occasion of spending too much on a sign and yeah, the 20 sign turned out to be too expensive. 21 Q. Okay. And there's nothing wrong with 22 him writing a story that says you spent too much money on 23 something, is it? 24 A. There's nothing wrong with it? 25 Q. Yeah. Is there anything wrong with him Page 63 ------------- 1 writing a story that said... criticizing your office for 2 spending too much money? 3 A. No, the First Amendment gives him the 4 right to do that and in that instance, it was the truth. 5 Q. Okay. Mr. Davidian also wrote a story 6 that indicated you had been critical of Judge John 7 Turnbull. Isn't that correct? 8 A. He did. 9 Q. And you agreed that that was true, that 10 you had made some... you had exercised your First 11 Amendment rights by criticizing John Turnbull? 12 A. Right. I'm not sure the story in its 13 entirety fairly stated the criticism, but there was a 14 time when I was critical of Judge Turnbull. And in a 15 story in the Putnam Pit, he did write some story about me 16 being critical of the judge. 17 Q. Is it fair to say that... You say 18 you're not sure what other things were said or not, but 19 is it fair to say you generally disagree with 20 Mr. Davidian's view point? 21 A. Well, it's not that I disagree with his 22 view point. It's just that he publishes things that 23 don't accurately reflect the truth. 24 Q. Did you agree with his view point? 25 A. I don't agree or disagree with his view Page 64 ------------- 1 point. I disagree when I read things in there that are 2 stated in a way that I know is not true. 3 Q. Okay. It's your opinion that they're 4 not true? 5 A. Factually I know that they're not true. 6 And I'll give you a good example. He's implied several 7 times in the Putnam Pit... 8 Q. (Interposing) I move to strike this. 9 I've not asked for any examples and he's answered my 10 question. 11 MR. DUFFY: Go ahead and complete your 12 example. 13 WITNESS: Several times in the Putnam Pit 14 he has stated that I am a Cocaine user. One time he came 15 to my office and asked me point blank if I've ever used 16 Cocaine and I told him point blank that I have not, which 17 is the truth. So he continues to write these articles 18 saying that I do use Cocaine. And saying that, you know, 19 there was a headline that I had the gall to deny Cocaine 20 use, "Gibson denies Cocaine use", which implies to the 21 motoring public that obviously, you know, Gibson is a 22 Cocaine user who is now denying it. That's the 23 Q. (Interposing) That's how you read it. 24 Isn't it that true? 25 A. Well, I think that's a widely Page 65 ------------- 1 accepted... and I'm not sure if they call it gutter 2 journalism or yellow dog journalism, but you suggest 3 something as being true without actually saying that it's 4 true. You send the message without actually making the 5 statement. 6 Q. Do you deny Cocaine usage? 7 A. Sure. I've never used Cocaine. 8 Q. Right. So how else do you report the 9 story that you denied that? 10 A. What is newsworthy about my denial of 11 something that's never been raised? You know, the story 12 is obvious to anybody that reads it is that he wants to 13 suggest to the public that I am a Cocaine user who is now 14 denying it. And that's just not true. 15 Q. Do you think that's Mr. Davidian's view 16 point about that story? 17 A. I don't know about his view point. I 18 know that he's published that and I know that it in 19 essence is a lie when taken in the big picture. 20 Q. You don't know what his view point is 21 on that story? 22 A. What is view point is on what story? 23 Q. On the story "Gibson denies Cocaine 24 usage". 25 A. Apparently he has a view point that I Page 66 ------------- 1 do or at that time was a Cocaine user, which was false. 2 I do deny that. 3 Q. Right. So that was his view point. 4 Correct? 5 A. Well, I can't tell you what his view 6 point is. 7 Q. Well then, you just testified that you 8 knew what his view point is. 9 A. If his view point is that I'm a Cocaine 10 user, then I do deny it as being accurate. 11 Q. Do you know how to tell what the view 12 point is of a story? 13 A. No. I don't... not Mr. Davidian's 14 stories. 15 Q. You don't know how to read a story and 16 tell what the view point is? 17 A. Not Mr. Davidian's. 18 Q. Mr. Davidian wrote an article about he 19 had gone and got public records from the City of 20 Cookeville about your grades. Do you recall testifying 21 in your deposition about that? 22 A. I do. 23 Q. Okay. And he reported you made a "D" 24 in English literature? 25 A. Right. Page 67 ------------- 1 Q. Was that true? 2 A. I think I made a "D" in English 3 literature. I didn't go back and read the transcripts, 4 but if Mr. Davidian claims that he got the transcript, I 5 would not deny getting the "D" in English literature. 6 Q. You also made two "D's" in American 7 History while you were at Tennessee Tech. Isn't that 8 true? 9 A. I do recall having a hard time with 10 American History. 11 Q. Okay. And he wrote that article. Was 12 that true or false? 13 A. That he wrote the article? 14 Q. Yes. 15 A. I don't know. It was on the Putnam 16 Pit. 17 Q. So you never saw that particular 18 article in the Putnam Pit? 19 A. I did. As I'm sitting here today, I 20 can't testify who authored the article. 21 Q. Oh, okay. 22 A. But I assume if it's on the Putnam Pit, 23 he either wrote it or published it. 24 Q. Now, in that article he also wrote that 25 you were a "D" plus student at Putnam senior high. Do Page 68 ------------- 1 you know whether that's true or not? 2 A. He wrote that I had a particular grade 3 point average, 1.66, and I'm not sure if that's true or 4 false. I didn't make stellar grades in high school. 5 Q. Okay. And so you're not saying that 6 that was a falsehood that he wrote. Correct? 7 A. That's correct. 8 Q. You're just saying you don't know? 9 A. Right. 10 Q. Okay. He also wrote that you had been 11 a dishwasher at Holiday Inn. 12 A. That was true. 13 Q. And that was true, right? 14 A. I started when I was fourteen. 15 Q. He wrote down your references when you 16 applied to be a police officer as being Mrs. Jerry 17 Maddux, Mr. H. S. Barnes and Lonnie Hill. If he wrote 18 that, would that have been true? 19 A. I think that's true. That was in 1976 20 and I think that was Lonnie Hillis. He was an employer 21 of mine at Holiday Inn. 22 Q. Okay. Other than he got the name 23 right, though, basically he's written the truth about you 24 there. Right? 25 A. That those were my references? Page 69 ------------- 1 Q. Yes. 2 A. Yeah, in that instance, that would have 3 been true. 4 Q. Now, did you actually read the article 5 "How many dead babies in D. A. Gibson's back yard"? 6 A. I can't remember the... I can't really 7 remember the substance of that article. I think I read 8 part of it and then just quit, because it's disturbing to 9 read something like that about dead babies in my back 10 yard. 11 Q. So you didn't read.., you're now 12 testifying you didn't even read the whole article. 13 Correct? 14 A. Well, I've read, you know, several 15 articles on the Putnam Pit over the years. I've read in 16 their entirety and several I've scanned and others I've 17 just sort of gotten the substance of and quit. It seems 18 like that article was about Methamphetamine. 19 Q. I understand that. My question to you 20 was did you read that whole article? 21 A. I'm not sure. 22 Q. You're not sure. It's possible you 23 didn't read the whole article. Correct? 24 A. Obviously. 25 MR. DUFFY: Have you got the article? He Page 70 ------------- 1 could look at it and tell you. 2 MR. HARRIS: Is that an objection, 3 Mr. Duffy? 4 MR. DUFFY: No, it was a suggestion to speed 5 up the proceeding. I'm sorry for interfering. Go ahead. 6 MR. HARRIS: Yes. I object to that as you 7 took up a substantial amount of time. I'm going as best 8 I can. 9 WITNESS: I could read the article and 10 tell you more accurately. 11 BY MR. HARRIS: 12 Q. Well, I've not asked you about the 13 article. I'm simply asking whether you read the whole 14 article or not? 15 A. Well, if I could read the article now, 16 I could tell you for sure. 17 Q. But you're not sure, are you? 18 A. No, I'm not. 19 Q. Okay. So when you comment on the 20 Putnam Pit, there's a lot of articles that you haven't 21 read that have been on the Putnam Pit. Correct? 22 A. I'm sure there's a lot of articles that 23 have been on the Putnam Pit that I haven't read. 24 Q. So it's possible that there's articles 25 that have been on the Putnam Pit that were positive about Page 71 1 Cookeville, contrary to your opinion that nothing on the 2 Putnam Pit is positive about Cookeville? 3 A. All I can say is I've never seen 4 anything on the Putnam Pit that suggested anything 5 positive about Cookeville. 6 Q. But you've also said you haven't... 7 You've also now testified that you haven't read every 8 article on the Putnam Pit? 9 A. Sure. It would be ludicrous to say 10 you've read every article that's ever been published in 11 some publication. I don't sit down and read it cover to 12 cover. 13 Q. Would it be equally ludicrous then to 14 say that you've never seen a positive article in the 15 Putnam Pit when you haven't made an effort to see every 16 article in the Putnam Pit? 17 A. Well, I read the Putnam Pit, at least 18 the headlines, fairly thoroughly for a period of time. 19 But I can't say that I've read every article that's ever 20 been published. I think if he ever wrote anything 21 positive about Cookeville and Putnam County it would be 22 probably the talk of the town, but I don't know. 23 Q. But you don't know, right? So your 24 testimony basically here is just speculation of your view 25 point about the Putnam Pit. Isn't that true? Page 72 ------------- 1 A. Well, it's not my view point. I'm 2 saying factually I've read a lot of the Putnam Pit and I 3 know the tone of the Putnam Pit. And I personally have 4 never seen anything positive or anything that's not 5 negative about Cookeville, Putnam County and the 6 individuals that live and work here on the Putnam Pit. 7 Q. Now, would you agree that 8 Methamphetamines is a problem in the Thirteenth Judicial 9 District? 10 A. Absolutely. 11 Q. And your office tries to correct that 12 problem, don't they? 13 A. Well, law enforcement in general is 14 struggling with that problem in this whole area. All of 15 the Cumberland Plateau and a lot of places in the 16 country. Our office does our part. We prosecute the 17 cases. 18 Q. And you would agree that the 19 Methamphetamine problem in this area has an effect on the 20 economic welfare of this area. Correct? 21 A. I would assume that Methamphetamine, a 22 Methamphetamine problem has an impact on the economic 23 welfare here as anywhere. 24 Q. And you also previously testified in 25 your deposition that the Methamphetamine problem has an Page 73 ------------- 1 impact on industry in this area. Correct? 2 A. I assume that drug use, including 3 Methamphetamine, has an impact on industry here and 4 everywhere else. 5 Q. And it's your responsibility... You 6 have a responsibility as the top law enforcement 7 prosecutor in this area to at least address these 8 problems, don't you? 9 A. I do. 10 Q. Do you have any problem with 11 Mr. Davidian writing about how you address these 12 problems? 13 A. Do I have a problem with it? 14 Q. Just in general. Obviously you don't 15 like his opinion about how you go about doing it, because 16 he obviously.., you would agree with me that 17 Mr. Davidian obviously does not think you do a good job 18 no matter what you do. Correct? 19 A. Correct. 20 Q. Okay. But nonetheless, you would agree 21 that the First Amendment allows him to criticize you and 22 make statements and publish statements about how you go 23 about addressing the drug problem in this area? 24 A. I think so, but I think the First 25 Amendment requires that it not be slanderous or libelous. Page 74 ------------- 1 And I think there's an implication that there be some 2 element of truth to what he's saying. There's no dead 3 babies in my back yard. 4 Q. Okay. Is it possible that that was a 5 figure of speech? 6 A. I guess it's possible, but I don't know 7 how... You know, how would it be read? 8 Q. Well... 9 A. (Interposing) If there's a headline 10 that says "Dead babies in the D. A.'s back yard", what 11 does that say? 12 Q. Mr. Gibson, you live in an apartment, 13 too, don't you? U 14 A. Sure. 15 Q. You don't really have a back yard, do 16 you? 17 A. I do have a back yard. 18 Q. At the apartment complex? 19 A. Yes, sir. 20 Q. Oh, okay. Sorry. Well, in any event, 21 isn't it possible.. .Let me ask you this. Methamphetamine 22 has had a tremendous impact on children in this area. 23 Correct? 24 A. Everywhere Methamphetamine exists, it 25 impacts children, because the people that manufacture Page 75 ------------- 1 Methamphetamine that have children manufacture the drug 2 in their homes often with their children there. And the 3 process of manufacturing Methamphetamine is very 4 dangerous and it involves chemical processes that put off 5 fumes. And this is a very difficult situation for 6 children to be in, but it's not a situation that's unique 7 to Cookeville or this area. It's unique... it's 8 everywhere that Methamphetamine is manufactured. 9 Q. Right. But I guess the answer to that 10 question is that the Methamphetamine problem could be 11 detrimental and harmful to children. Correct? 12 A. I don't know. 13 Q. You don't know whether Methamphetamines 14 can be harmful to children? 15 A. That's not what you asked. 16 Q. Well, all right. I'm asking it now. 17 A. Methamphetamine is inherently harmful 18 to children. 19 Q. Okay. And so if children die as the 20 result of Geoff alleging, Geoff Davidian alleging that 21 you're not doing a good job, isn't it possible that 22 that's what he means by "How many dead babies in D. A. 23 Gibson's back yard"? 24 A. If children died as a result of his 25 allegation? Page 76 ------------- 1 Q. No. If... You're right. That's pretty 2 confusing. Let me try to break it down. If the gist of 3 the article is that you're not doing a good job, 4 regardless of whether that's true or not, if 5 Mr. Davidian expresses that opinion, isn't it possible he 6 simply means you're not doing a good job and that could 7 result in the deaths of children as a result of the 8 Methamphetamine problem? 9 A. Well, I don't know how to predict what 10 Mr. Davidian means when he writes an article with the 11 headline "Dead babies in the D. A.'s back yard". If he 12 is suggesting through that article that--and I can't sit 13 here and tell you that I know the content of the article, 14 because I'm not sure which article even that we're 15 talking about--but anything is possible. I can't sit 16 here and tell you that it's impossible, what he may have 17 meant. 18 But I do know the headline "Dead babies in District 19 Attorney Gibson's back yard" suggests a lot of things 20 that would come to the reader's mind ahead of that. The 21 D. A. is a child killer. The D. A. is hiding...You know, 22 the D. A. is a John Wayne Gacey (spelled phonetically). 23 The D. A. has got dead bodies buried all around in his 24 yard. 25 I don't even know what percentage of the population Page 77 ------------- 1 would read past the headline. Or beyond that, what 2 percentage of the population would understand the 3 implications being made in the body of the article by 4 Mr. Davidian. 5 Q. Well, isn't Mr. Davidian... Doesn't the 6 fact that Mr. Davidian writes that headline suggest that 7 he has greater faith in the intelligence of the Putnam 8 Pit readership than you do? 9 A. I think Mr. Davidian writes that 10 article because he wants to attack me and everybody else 11 around here in any way he can. Regardless of the truth 12 or the implication or the innuendo. 13 Q. Well, actually when you read that 14 article, it only attacks you. It doesn't attack 15 everybody else around here, does it? 16 A. I don't know if that particular article 17 does or not, but the next one probably goes on to the 18 next person that he's got a vendetta against. 19 Q. Well, you know, you're speculating here 20 and I would move to strike that, that statement. By the 21 way, we've referred to this article as being "How many 22 dead babies in Bill Gibson's back yard" as being by Geoff 23 Davidian, but the by line that you read earlier did say 24 it was by C. D. Norman. Isn't that true? 25 A. I think that's true. Page 78 ------------- 1 Q. Do you know C. D. Norman? 2 A. I don't. 3 Q. Okay. 4 A. I assumed that was just a co-name of 5 Geoff Davidian. 6 Q. Okay. 7 A. I didn't know that there is a real 8 C. D. Norman. 9 Q. So you've made a lot of assumptions 10 about what you've read in the Pit without knowing all of 11 the facts. Is that what you're saying? 12 A. Well, the things that I've read in the 13 Pit speak for themselves. 14 Q. Well, my question to you is have you 15 made assumptions about things you read in the Pit without 16 knowing all of the facts? 17 A. No. 18 Q. Well, you just said you assumed that 19 C. D. Norman was a made up name, didn't you? 20 A. Well, that's not the substance of 21 something I've read in the Pit. You know, the Pit has 22 got lawyer-ex and gorilla student-ex and advocate-ex and 23 all of these anonymous names. You know, "lawyer-ex 24 interviewed witness-ex, who says the D. A. is on 25 Cocaine". Page 79 ------------- 1 Q. But you... 2 A. (Interposing) So I assume that Geoff 3 Davidian is the type of person who writes either under a 4 lot of different names or accepts a lot of anonymous 5 authorship. 6 Q. (Interposing) Well, you... 7 A. (Interposing) There's some reason that 8 they want to hide the names and I assume that 9 C. D. Norman is probably not a real person or is a real 10 person and that's not their real name. 11 Q. Well, previously this was made an 12 exhibit. This is... Mr. Gibson, I apologize. Let me 13 identify that. We have not used, for purposes of this 14 video deposition, we have not used exhibit numbers. But 15 if you have it, I'd like to keep this one. You were 16 handed an exhibit by Mr. Duffy that starts out, "It's 17 Bash Bill Gibson time". 18 MR. DUFFY: Mr. Harris, let me suggest this. 19 Everything that I have shown him consists of three 20 documents. Why don't we make those one, two, three and 21 this four? 22 MR. HARRIS: Well, you did show him this 23 article, too, "It's Bash Bill Gibson time". 24 MR. DUFFY: That's this. Yeah. 25 MR. HARRIS: Right. Page 80 ------------- 1 MR. DUFFY: Okay. Exhibit... 2 MR. HARRIS: Which I don't know. You've not 3 designated it. 4 MR. DUFFY: We'll compare. Go ahead with 5 your question. 6 BY MR. HARRIS: 7 Q. We're referring to what you were 8 previously shown on direct examination as... the article 9 that's starting out "It's Bash Bill Gibson time". 10 A. Okay. 11 Q. Let me show you this one, because this 12 is a little bit better printout. Do you see the picture 13 at the bottom of the page that says C. D. Norman? 14 A. I don't. 15 Q. It starts out and says C. D. Norman 16 went to high school with you? 17 A. Uh-huh (affirmative response). 18 Q. Do you see his picture? 19 A. Uh-huh (affirmative response). 20 Q. Do you recognize that person? 21 A. No. Does the initials C. D. stand for 22 some other.., do you know of a name that I can try to... 23 Q. It's a good question, because to tell 24 you the truth, I don't know. I don't know his name any 25 other way either, so I wish I could help you. Page 81 ------------- 1 A. I don't remember going to high school 2 with a C. D. Norman and assume that that's a lie. 3 Q. Okay. Well, when you saw this and you 4 saw this picture, if you still assumed that C. D. Norman, 5 Sonny Boy was a made up name? 6 A. Yeah. You know, if there's a person 7 whose picture that is that claims they went to high 8 school with me. What does it say, helped tutor me with 9 English or something? I assume that that's all a lie. 10 Q. Well, you seem to make a lot of 11 assumptions that are negative, in your opinion, about 12 Geoff Davidian and the Putnam Pit, don't you? 13 A. Well, I don't recognize the picture. 14 I've never heard of a C. D. Norman, who claims to have 15 gone to high school with me. And I think it's fair to 16 assume that that's not true. 17 Q. Do you know for a fact whether or not 18 Geoff Davidian has spoken with sources that indicated 19 that you had used Cocaine? 20 A. No. I asked him one time, you know, if 21 there really were these sources and it seems like he said 22 that he couldn't tell me that or something. 23 Q. When you indicated that there's a lot 24 of anonymous names or that he doesn't want to reveal 25 sources, is it possible that it's because you're a Page 82 ------------- 1 politically powerful person and capable of retribution 2 against these individuals if their names were known? 3 A. I don't think Mr. Davidian could ever 4 cite an instance where I've used any power of the D. A. 'S 5 office to take retribution on anybody. 6 Q. That's not what I asked you. Is it 7 possible that he doesn't want to reveal these names 8 because of your political position? 9 A. I don't know what's possible or 10 impossible with him. 11 Q. (Interposing) I'm not talking about 12 what's possible or impossible with him. Is it possible 13 that you might, that you... Isn't it true that you're in 14 a powerful political position here in Putnam County? 15 A. Well, I've got a position that is 16 looked upon as politically powerful. 17 Q. Okay. And so some people may not want 18 to publicly put their name out there when they give a 19 false opinion or a negative opinion... not necessarily a 20 false opinion, but a negative opinion about you? 21 A. Well, that's certainly possible. A 22 false opinion is. 23 Q. (Interposing) What about a negative? 24 I'll grant you that. It's pretty clear if somebody is 25 going to lie about you, that would be a pretty stupid Page 83 ------------- 1 thing to do against the district attorney, wouldn't it? 2 A. If somebody wants to publish some 3 publication and a web page that's full of lies and 4 innuendo and slander, then I could see where the person 5 would not want to put their name on it. 6 Q. But what about other people who... 7 what if there are other people who actually wrote these 8 articles? 9 A. What do you mean? 10 Q. What if there's a lawyer-ex for 11 example? And he may not want his identity revealed if he 12 writes a critical article about you. Isn't it possible 13 he might not want to do that because of your position as 14 the district attorney? 15 A. What if there is really a lawyer-ex, 16 would it be possible that this possible lawyer-ex would 17 not want to put his name on these articles that lie about 18 me? 19 Q. Because of possible retribution from 20 you? 21 A. I guess. Sure. 22 Q. So the point is you really don't know 23 whether these people exist or not, do you? 24 A. I sure don't. 25 Q. And you've just assumed that Page 84 ------------- 1 Mr. Davidian made these up, names up. Right? 2 A. Well, I assumed from the harmony of the 3 tone of all of these opinions that come from... 4 Q. (Interposing) Mr. Gibson, true or 5 false, yes or no, did you assume that these names were 6 made up? 7 A. Lawyer-ex and... 8 Q. (Interposing) C. D. Norman. 9 A. ... dog-ex and C. D. Norman. I assumed 10 that a lot of those names were made up. 11 Q. And that Geoff Davidian was the sole 12 author of these points of view. Correct? That was your 13 opinion about the Putnam Pit. Right? 14 A. Yeah. And that's based on the fact 15 that they all seemed to make the same statement in 16 different harmonies. 17 Q. Now, Mr. Davidian wrote negative things 18 about Byron Looper. Isn't that true? 19 A. I don't remember a lot of that. I 20 think he at one point wrote an article that, you know, 21 Byron Looper was a good guy, a target of persecution, but 22 Byron Looper certainly, you know... he needs to 23 straighten up and not disappoint everybody. 24 Q. What article are you referring to? 25 A. I'm not sure. Page 85 ------------- 1 Q. You're not sure, are you? 2 A. All of the stuff in the Putnam Pit is 3 sort of, at some point it blends in your brain. 4 Q. And you have your assumptions about 5 what's in the Pit, but you don't know whether that 6 article exists or not, do you? 7 A. No, I know I read the article. 8 Q. Okay. Even in this article of "Bible 9 Belt welts"--I'm not sure what number we're using. That 10 one right there. That's correct. Doesn't it say in the 11 first paragraph, "Looper, an insatiable office seeker"? 12 A. Where are you reading? 13 Q. Well, look in the first... it's the 14 first paragraph. That would be that first block of 15 sentences. 16 A. Below Caesar? 17 Q. See the dateline Cookeville, Tennessee? 18 A. Cookeville, Tennessee, okay. 19 Q. Referring to that as the first 20 paragraph of the article. 21 A. Okay. 22 Q. The last sentence, does it not say, 23 "Looper, an insatiable office seeker, opposed Burks's 24 re-election on the state ballot two weeks later"? Is 25 that not what that sentence says? Page 86 ------------- 1 A. Uh-huh (affirmative response). 2 Q. That's hardly a favorable view of Byron 3 Looper, is it? 4 A. An insatiable office seeker? 5 Q. Yes. 6 A. I guess it's kind of a neutral. It's 7 not a favorable or unfavorable. 8 Q. Do you know what insatiable means? 9 A. Yes. And I know what a paragraph is, 10 too. 11 Q. Okay. 12 A. But what I'm saying is I don't read 13 that statement as being particularly favorable or 14 disfavorable. It's saying he's a person that 15 continuously seeks office. 16 Q. Okay. Okay. Well, let's go down to 17 the last paragraph on this page. And doesn't this 18 article also say, "It is a miracle that Looper, an 19 ornery, egotistical, thoroughly vain and political man, 20 whose political life displayed little in the way of 21 family values or sentimentality, could garner such a 22 presumption of innocence in a district where the D. A. 's 23 election was peppered with the slogan..."? And it says 24 that on that page. Now, the part I just read, do you 25 think that calling Byron Looper ornery and egotistical is Page 87 ------------- 1 being favorable to Byron Looper? 2 A. Well, I think Mr. Davidian has to 3 demonstrate some semblance of objectivity to try to keep 4 an audience. And the purpose of this paragraph is to say 5 that Looper can't get a fair trial and to talk about my 6 election being peppered with the slogan "I have faith in 7 God", which I have no idea where that came from, as a 8 campaign slogan. 9 Q. (Interposing) Okay. So you're 10 saying... 11 A. (Interposing) What I'm saying is that 12 Mr. Davidian apparently has to do something to disguise 13 his inherent support of Byron Looper. 14 Q. I see. So when Geoff Davidian writes 15 things... when he writes negative things about Byron 16 Looper, he's disguising some hidden intent. Is that your 17 view point regarding the Putnam Pit? 18 A. If you take that in the context of 19 everything that he's ever written about Burks and 20 Looper... 21 Q. (Interposing) Is that your view point 22 regarding the Putnam Pit? 23 A. ... then it would be my view point. 24 Q. Mr. Gibson, my question is, is that 25 your view point regarding the Putnam Pit? That whenever Page 88 ------------- 1 Geoff writes something negative about Byron Looper, that 2 he's doing that to disguise some hidden intent? Is that 3 your view point of what the Putnam Pit does? Yes or no? 4 A. That is my view point in the context of 5 the overall tone of support that he has always shown for 6 Byron Looper. I'm saying that he has to say something to 7 appear to be halfway objective. 8 Q. At the time you did the Byron Looper 9 trial, was there not a story going around that was 10 covered that John Wayne Dedmon had been told to set 11 Looper up? Was that not an issue either in the trial or 12 in the pre-trial litigation of that criminal case? 13 A. It was never a real issue. One of the 14 defense attorneys, one of the prior defense attorneys-- 15 not the ones that took it to trial--produced a tape that 16 was allegedly made by John Wayne Dedmon that purported to 17 be a conversation with me telling him to set up Byron 18 Looper. And that tape was brought into court. It was 19 played. Everybody agreed that the voice on the tape 20 could not possibly have been mine. And... 21 Q. (Interposing) Is there anything... 22 A. (Interposing) John Wayne Dedmon came 23 forward and made a statement to the F.B.I. that he had 24 produced that tape with the assistance of Jerry Burgess 25 and Byron Looper. They had hired an actor to portray me Page 89 ------------- 1 on the tape. And... 2 Q. (Interposing) Well, I've never seen 3 this tape, but my point is whether... 4 A. (Interposing) Well, it's an audio tape. 5 Q. We don't need to retry the whole Looper 6 case. Was this not an issue raised in the trial? 7 A. It was never an issue raised in the 8 trial. 9 Q. Well, you just said the tape was 10 introduced at trial. It was introduced by a defense 11 attorney. Don't you think... 12 A. (Interposing) No, I said the tape was 13 introduced pre-trial by an attorney... 14 Q. (Interposing) Pre-trial. Pre-trial. 15 A. ... that was not an attorney at the 16 trial. 17 Q. And you don't think that that story was 18 newsworthy? 19 A. I don't know whether it was newsworthy 20 or not. It was nonsense. It came to the surface and was 21 verified as nonsense by Dedmon. 22 Q. But is there any problem with the press 23 reporting this story? 24 A. Sure. There's no problem with that at 25 all. Page 90 ------------- 1 Q. Right. 2 A. Of course, Mr. Davidian has never... 3 Q. (Interposing) I'd move to strike this 4 as... I know you... Are you trying to get in a spin in 5 favor of the city here? Do you want to help them? 6 A. No. You asked if there was a problem 7 in reporting that. And there's not a problem in 8 reporting that if the whole truth is reported. And that 9 includes that John Wayne Dedmon came forward and said 10 this was all bogus. And you'll never find that in the 11 Putnam Pit. 12 Q. Well, how do you know you won't find it 13 in the Putnam Pit if you've never read all of the 14 articles? 15 A. If it's in there, I'd like to see it. 16 Q. Well, we'll certainly be introducing 17 that at trial. Now, we need to get to the thing about 18 the traffic ticket case. You might find yours a little 19 bit quicker than I will. 20 MR. DUFFY: Before you leave that, did I 21 understand Counsel to say there was a representation that 22 an exhibit will be forthcoming where during the material 23 times in 19--... What year was that? 24 MR. HARRIS: (Interposing) I'm going to 25 object to any statements like this. Page 91 ------------- 1 MR. DUFFY: All right. 2 MR. HARRIS: We can discuss the introduction 3 of exhibits off the record. 4 MR. O'MARA: Well, then don't make those kind 5 of statements on the record, Mr. Harris. 6 MR. HARRIS: I'm going to object to 7 Mr. O'Mara's interrupting these proceedings. He is not 8 the attorney of record and I'm not going to sit here and 9 fend off two objections from an attorney. Now, he's made 10 several comments. He knows that's out of place. And I 11 want to know who am I dealing with objections from in 12 this case? 13 MR. O'MARA: You'll be dealing with 14 objections from Mr. Duffy and you will find... 15 MR. HARRIS: (Interposing) If I'm dealing 16 with objections from Mr. Duffy... 17 MR. O'MARA: (Interposing) Mr. Harris? You 18 will find... 19 MR. HARRIS: ... then I think Mr. Duffy 20 should address this question. You are not... 21 MR. O'MARA: (Interposing) You will find that 22 I am attorney of record from the very first pleading 23 filed in this case and I'm still of record in this case. 24 MR. HARRIS: That's correct. And I move to 25 strike all of this from the video tape. Page 92 ------------- 1 MR. O'MARA: Go ahead. 2 MR. HARRIS: Because if... Hold up, 3 Mr. Duffy. This is... If you want, we can go off the 4 record. 5 MR. DUFFY: Let's do. 6 MR. O'MARA: The jury is not going to hear it 7 anyway. It's just babble. 8 MR. HARRIS: Let's just go off the record 9 anyway. 10 MR. DUFFY: Yeah. 11 MR. O'MARA: We're not going anywhere. We're 12 going to finish the deposition. 13 MR. HARRIS: Can you control your co-counsel? 14 MR. DUFFY: Sam, just... 15 MR. HARRIS: Can you control your co-counsel? 16 MR. DUFFY: Are we off here? 17 (Off the record.) 18 MR. DUFFY: I'm going to need the record 19 read back to my last question before the interruption of 20 Mike O'Mara. 21 (Whereupon question is played back for 22 witness.) 23 BY MR. DUFFY: 24 Q. Mr. Gibson, if you would, I don't know 25 if you have a copy of that. This has been pre-marked by Page 93 ------------- 1 me as Plaintiff's Exhibit 5 to be introduced at trial. 2 Have you ever seen this particular edition of the Putnam 3 Pit? 4 A. I have. 5 Q. Okay. If I could see Exhibit 5, pre- 6 marked Exhibit 5? Mr. Davidian... 7 MR. DUFFY: (Interposing) Before you... 8 Mr. Harris, are you telling us that Exhibit 5 is an 9 edition of the Putnam Pit? Because it's not identified. 10 MR. HARRIS: Yes. I'm identifying this as a 11 particular edition of the Putnam Pit. 12 MR. DUFFY: All right. Thank you. 13 BY MR. HARRIS: 14 Q. Do you remember the article he wrote 15 about the child lures program? 16 A. Which one? 17 Q. In the Putnam Pit? 18 A. I know the Putnam Pit, but which 19 article? 20 Q. This one right here on the front page 21 of there. 22 A. I think he wrote several. I don't 23 particularly remember. 24 Q. Well, it would be the first article on 25 the first page. Page 94 ------------- 1 A. Okay. But doesn't it continue on to 2 page four? Actually, no. Okay. What about it? 3 Q. In that article, Mr. Davidian... You 4 had... Had you not said you were not going to use 5 campaign money to put up signs in people's yards? He 6 wrote that. Was that true? 7 A. That was true. 8 Q. Okay. And in fact, you had suggested 9 that you would donate money to the child lures program. 10 Correct? 11 A. That's correct. 12 Q. But in fact, it would have been a 13 violation of campaign law to donate money to the child 14 lures program because that was a for profit business. 15 Correct? 16 A. I don't know that buying programs to 17 prevent abduction of children and giving them to the 18 Putnam County school system would violate any campaign 19 laws. 20 I bought signs. I bought bumper stickers and signs 21 in prior elections from organizations that are for 22 profit. I bought ads in newspapers with campaign 23 donations for newspapers that are for profit businesses. 24 The benefactor of the child lures programs would be 25 the school systems that would use those programs with the Page 95 ------------- 1 kids and that would not be a violation. 2 Q. But the profit... the money that you 3 would pay from your campaign's fund would have gone to 4 that for profit corporation. Correct? 5 A. All of the money that you spend out of 6 a campaign fund goes to a for profit corporation. 7 Q. In this particular case. Let's try to 8 just deal with what I particularly ask you. In this 9 particular case, did you actually spend the money on the 10 child lures program? 11 A. Yeah, I think I spend some money on the 12 child lures. 13 Q. Okay. 14 A. I know I have at some point. 15 Q. But that was an issue of concern during 16 the election. Correct? 17 A. What? 18 Q. The donations to the child lures 19 program? 20 MR. DUFFY: I object to the form of the 21 question. Issue of concern to whom? 22 Q. Well, was it an issue of concern to you 23 during the campaign? 24 A. I had an idea... 25 Q. (Interposing) The expense of your Page 96 ------------- 1 campaign--let me clarify from his objection and rephrase 2 and that will help you. The spending of your campaign 3 money is always an issue in your campaign, isn't it? 4 A. Sure. 5 Q. Okay. And a public campaign for a 6 public office is an issue of public concern. Isn't that 7 correct? 8 A. A public campaign for public office is 9 an issue of public concern. 10 Q. All right. There's nothing wrong with 11 the press writing bout a public campaign, is it? 12 A. Certainly not. 13 Q. Now, there was a special Byron Looper 14 memorial insert. Do you have that, Mr. Duffy? 15 MR. DUFFY: (Nods head yes). 16 Q. And does that not say that... does that 17 not refer to Byron Looper as a guilty man, saying you 18 were trying to frame a guilty man? 19 A. It says, "Only in Tennessee the 20 District Attorney frames a guilty man". 21 Q. Okay. Isn't that saying that he... 22 isn't the Putnam Pit saying that Byron Looper is guilty? 23 A. I guess. 24 Q. But doesn't it have the view point that 25 maybe you're not doing a good job in prosecuting the Page 97 ------------- 1 case? Do you think that's what that's suggesting? 2 A. It's suggesting that I would frame 3 somebody who is guilty. 4 Q. And in your view point, you wouldn't do 5 that, would you, Mr. Gibson? 6 A. That's not my view point. I can tell 7 you I wouldn't do that. 8 Q. Yeah. That's your opinion. You 9 wouldn't frame a guilty man, would you? 10 A. Well, it's not my opinion. It's not 11 something that's subject to an opinion. It's a fact. 12 Q. Well, how could it be a fact if it's a 13 speculation about what actions you would or would not 14 take? 15 A. It's not speculation. I can sit here 16 and tell you as a fact I would never frame an innocent 17 man. I would never frame a guilty man, whatever that 18 means. 19 Q. But you indicated that you thought... 20 and there was some attempt to say that Byron... that the 21 Putnam Pit was... Is this another example of the Putnam 22 Pit saying something negative about Byron Looper in order 23 to achieve objectivity? 24 A. It's an example of the Putnam Pit 25 saying something bizarre. Page 98 ------------- 1 Q. Okay. And that's your opinion. Right? 2 A. Yeah. 3 Q. Now, I believe earlier today you 4 indicated to me that you thought the Putnam Pit had 5 diminished in the last four years. Did you say that? 6 A. I feel that their readership, the stir 7 that the Putnam Pit would make around here has diminished 8 over the course of the past... some period of time. I 9 don't know that I said four years. But I know that 10 initially that a lot of people talked about it and got 11 upset about it and now everybody sort of just... the 12 targets of the Pit sort of ignore it. 13 Q. And the Putnam Pit doesn't have the 14 impact that it once did, does it? 15 A. With me it doesn't. I think the 16 people, the readers, if there are readers of the Putnam 17 Pit, have begun to see it really for what it is. 18 Q. I'm going to move to strike that as 19 nonresponsive to any question and also him offering a 20 speculative opinion about what other people think, which 21 there's no foundation that he has any basis for making 22 that opinion and we'd move to strike it. 23 MR. DUFFY: The witness is explaining his 24 answer. Go ahead. 25 MR. HARRIS: And that hardly that constitutes Page 99 ------------- 1 an explanation of his answer which dealt with what he 2 thought. 3 BY MR. DUFFY: 4 Q. Now, Geoff Davidian is not an attorney, 5 is he? 6 A. I don't know. 7 Q. Okay. As far as you know, he's not 8 though, right? 9 A. I've never heard him present himself as 10 an attorney. 11 Q. Okay. So when he was being prosecuted 12 for the fifty dollar traffic ticket, it's possible he 13 didn't know all of the legal procedures. Correct? 14 A. I have no idea. 15 Q. Okay. 16 A. I was not involved in that and have no 17 idea what he knew or didn't know. 18 Q. okay. But you previously testified 19 that you thought you knew what he was doing regarding the 20 subpoenaing of you? 21 A. He subpoenaed me into his traffic 22 ticket case and asked me to bring an open investigation 23 file. And I think he subpoenaed not only my file, but 24 any other files of law enforcement that I had access to. 25 I'm not positive. But on some matter that was totally Page 100 ------------- 1 irrelevant to the traffic ticket. But I don't know the 2 issues of his traffic ticket and certainly not of the law 3 he knew or didn't know at that time. 4 Q. Well, even if he knew it wasn't... 5 Even if it wasn't appropriate to subpoena you, he's not 6 an attorney. If he's not an attorney, he wouldn't 7 necessarily.., he might make a mistake regarding what's 8 relevant or irrelevant in a traffic ticket case. Isn't 9 that correct? Isn't that possible rather? 10 A. He might make a mistake as to the 11 relevance of... 12 Q. Of your testimony in that case. 13 A. Of the investigation in a murder being 14 relevant to his traffic ticket? 15 Q. That's correct. 16 A. He might have made that mistake, I 17 guess. 18 Q. You've made mistakes as an attorney. 19 We all make mistakes, don't we? 20 A. Sure. But I don't think that I've 21 ever... I mean, I don't think Mr. Davidian is an idiot. 22 I think he knows what's relevant to what issue. And I 23 don't think there's an argument that he thought I was 24 relevant to his traffic case. I don't know. I can't 25 tell you what he was thinking, but that's pretty far Page 101 ------------- 1 removed from what he was doing. 2 Q. Is it fair to say that all of your 3 comments and opinions about the Putnam Pit are based upon 4 the content of the Putnam Pit? 5 A. Most of my opinions about the Putnam 6 Pit are based on the content of the Putnam Pit. 7 Q. All right. And I'll make this very 8 simple, yes or no. You generally don't like the content 9 of the Putnam Pit, do you? 10 A. No, I don't think the content of the 11 Putnam Pit fairly characterizes the community I grew up 12 in or the people that I work with or me. I don't think 13 it puts... I think it removes any semblance of truth 14 from the truth. The articles are spun in such a way, 15 "Dead baby in Gibson's back yard", "D. A. denies Cocaine 16 use". What kind of person would I be if I sat here and 17 told you, "Yeah, I like that kind of stuff"? 18 Q. Well, that's true. And yet despite the 19 fact that you don't like it, you don't think that based 20 upon... You would agree that the expression of his view 21 point is not a basis for denying him government benefits 22 or government resources or services? 23 MR. DUFFY: I continue to object to this 24 line of questioning to the extent it calls for some kind 25 of legal conc1usion or pinion that might be relevant to Page 102 ------------- 1 the facts of this case. 2 A. You're going to have to... I was 3 wrestling with the question the first time. 4 Q. All right. I'll have the court 5 reporter... 6 (Whereupon question is played back for 7 witness.) 8 Q. I want to make sure it's clear. This 9 question, I'm going to repeat it for him subject to your 10 objection so you don't have to repeat the objection. Is 11 that all right? 12 MR. DUFFY: Uh-huh (affirmative response). 13 Q. All right. Mr. Gibson, would you agree 14 that just because Mr. Davidian has expressed a view point 15 that you personally disagree with, that would not give a 16 government official the right to deny him government 17 benefits or government resources? 18 A. I would agree that nobody should be 19 denied some benefit they're entitled to simply because 20 they've expressed an opinion, be it the truth or a lie, 21 that is unpopular with the person that would grant the 22 resource otherwise. 23 Q. Thank you, Mr. Gibson. 24 A. You're welcome, Mr. Harris. 25 MR. DUFFY: Are you done? Page 103 ------------- 1 MR. HARRIS: I'm done. 2 (Mr. Duffy's first question is 3 stricken.) 4 5 6 RE-DIRECT EXAMINATION 7 BY MR. DUFFY: 8 Q. Has anything your office has done with 9 respect to the prosecution of Methamphetamine manufacture 10 in your judicial district, to your knowledge, had any 11 adverse effect on children? 12 A. Not to my knowledge. We take issues 13 involving, especially issues involving children very 14 seriously and I don't know. If Mr. Davidian could point 15 to something factually, I'd sure like to see it. 16 Q. What is your conviction rate like with 17 respect to Methamphetamine cases? 18 MR. HARRIS: I'm going to object to the 19 relevance of this as being broad and a waste of 20 the court's time and inefficient in the carrying on of 21 this trial under Rule 403. Sorry. Go ahead. 22 WITNESS: I feel like my office has good 23 conviction rates in every area. The big boom of 24 Methamphetamine cases is actually just now working its 25 way through the system, so there's not any real hard Page 104 ------------- 1 statistics. But we certainly . . . we work with difficult 2 state laws in Tennessee, because the law has some 3 catching up to do with the Methamphetamine problem. But 4 I think we have a good rate of conviction for those 5 cases. 6 BY MR. DUFFY: 7 Q. Assuming that that question contained 8 in Mr. Davidian's Putnam Pit deals with the subject 9 matter of Methamphetamine, have you seen anything in the 10 Putnam Pit from a factual standpoint that supports an 11 inference by Mr. Davidian that your office somehow takes 12 a position with respect to Methamphetamine use that's 13 harmful to children? 14 A. I've never... I've seen... He implies 15 that we take an approach to Methamphetamine that is 16 harmful to children. 17 Q. Have you ever seen him assert in the 18 Putnam Pit any factual basis to support that inference or 19 opinion or whatever it is that Mr. Davidian apparently 20 has? 21 MR. HARRIS: I'm going to object to this form 22 as being vague. I'm not even sure what it is you're 23 referring to. 24 WITNESS: I've never seen anything factual 25 in the Putnam Pit that would support the allegation that Page 105 ------------- 1 our... the function of our office has contributed to the 2 death of babies. 3 MR. DUFFY: Let me just make sure that we 4 have our exhibits right, Mr. Harris. Let's real quick, 5 let's go ahead and get that marked as Deposition 6 Exhibit #1. And we can include yours. I believe... 7 Actually none of this needs to be on the record. 8 Everybody can go on. 9 MR. HARRIS: Well, actually, I wouldn't mind 10 having... 11 MR. DUFFY: Oh, do you need to follow up? 12 MR. HARRIS: ... follow-up. 13 MR. DUFFY: Okay. Sorry. Go ahead. We'll 14 straighten out the exhibits later. 15 16 17 RE-CROSS EXAMINATION 18 BY MR. HARRIS: 19 Q. Just one quick question. Have you ever 20 seen articles where Mr. Davidian has expressed an 21 opinion, right or wrong, that you haven't done a good job 22 in prosecuting certain cases, like the Methamphetamine 23 one? 24 A. His opinion? 25 Q. His opinion. Page 106 ------------- 1 A. Sure. 2 Q. Thank you. 3 (Whereupon the following articles from 4 the Putnam Pit are entered as exhibits: The Wednesday, 5 November 12, 1997 Putnam Pit Article, captioned "Who 6 Killed Darlene Eldridge?" is entered and marked as 7 Exhibit #1 to this deposition; The Putnam Pit Article 8 captioned "DA Bill Gibson under fire" is entered and 9 marked as Exhibit #2 to this deposition; The Putnam Pit 10 Article captioned "Bible Belt welts" is entered and 11 marked as Exhibit #3 to this deposition; The Putnam Pit 12 Article captioned "How we feel about DA Gibson 13 prosecuting the Looper murder case" is entered and marked 14 as Exhibit #4 to this deposition; and The Putnam Pit 15 Article captioned "Hitting Below the Bible Belt" is 16 entered and marked as Exhibit #5 to this deposition.) 17 (FURTHER DEPONENT SAITH NOT.) 18 19 WILLIAM EDWARD GIBSON 20 (Signature Waived) 21 22 23 24 25 Page 107 ------------- 1 CERTIFICATE OF REPORTER 2 3 I, the undersigned, CARLA YORK HANNAH, 4 Court Reporter and Notary Public-at-Large for the State 5 of Tennessee, do hereby certify that the foregoing is a 6 true, accurate and complete transcript, to the best of my 7 knowledge and ability, of the deposition of WILLIAM 8 EDWARD GIBSON as it was presented before me on the 9 4th day of October, 2001, at approximately 3:00 p.m. at 10 the City Hall in Cookeville, Tennessee. 11 I do hereby further certify that I am 12 neither of kin, counsel, nor do I have any interest to 13 any party hereto. 14 15 16 17 October 8th, 2001 18 19 20 21 CARLA YORK HANNAH Notary Public-at-Large 22 State of Tennessee 23 24 My Commission Expires: 8/26/03 25 Page 108 ------------- 1 EXHIBITS 2 3 Exhibit #1 The Putnam Pit Article dated Wednesday, November 12, 1997 Page 107 4 Exhibit #2 The Putnam Pit Article Captioned 5 "DA Bill Gibson under fire" Page 107 6 Exhibit #3 The Putnam Pit Article Captioned "Bible Belt Welts" Page 107 7 Exhibit #4 The Putnam Pit Article Captioned 8 "How we feel about DA Gibson prosecuting the Looper Murder 9 Case" Page 107 10 Exhibit #5 The Putnam Pit Article Captioned "Hitting Below the Bible Belt" Page 107 11 12 14 15 16 17 18 19 20 21 22 23 24 25 Page 109 -------------