Below is the transcript of former JMU assistant men's basketball coach Corey Stitzel's testimony Wednesday in the Marist v. Brady trial.
STITZEL/FOR PLAINTIFF/DIRECT 1
1 THE COURT: Are you prepared to call
2 your next witness?
3 MR. HANNIGAN: Yes, Your Honor.
4 THE COURT: Please do so.
5 MR. HANNIGAN: Thank you. I would call
6 Mr. Corey Stitzel, please.
7 COREY STITZEL, called as a witness on
8 behalf of the plaintiff, having been duly sworn by
9 the Court, was examined and testified as follows:
10 THE COURT: Thank you, sir. Please have
11 a seat. Could you please state your full
12 name for me, and spell your last name.
13 THE WITNESS: Corey J. Stitzel.
15 THE COURT: And your business address.
16 THE WITNESS: I don't know what that
18 THE COURT: Do you have a business or
20 THE WITNESS: Where I live? I am
21 currently not employed.
22 THE COURT: Okay. What is your
23 residence address.
24 THE WITNESS: xxxxxxxxxxxxxx
STITZEL/FOR PLAINTIFF/DIRECT 2
1 THE COURT: Thank you. Counsel?
2 MR. HANNIGAN: May I proceed?
3 THE COURT: Yes.
4 MR. HANNIGAN: Thank you.
5 DIRECT EXAMINATION
6 BY MR. HANNIGAN:
7 Q. Good afternoon.
8 A. Good afternoon.
9 Q. Mr. Stitzel, tell us about your
10 educational background, please.
11 A. I have a bachelor's degree in social
12 work from Elizabethtown College.
13 Q. When did you get that?
14 A. 2002.
15 Q. And who was your last employer?
16 A. James Madison University.
17 Q. And when did that end?
18 A. April 24th was my termination date.
19 Q. What was your position at JMU before
20 your employment was terminated?
21 A. Assistant basketball coach.
22 Q. How long were you assistant basketball
23 coach at JMU?
24 A. Four years.
25 Q. Who was the head basketball coach
STITZEL/FOR PLAINTIFF/DIRECT 3
1 during that time?
2 A. Matt Brady.
3 Q. Okay. Let's go back before JMU. Tell
4 us about your basketball coaching career from the
5 beginning, the year and the place.
6 A. Well, I started out, when I was an
7 undergrad, coaching. When I was in college, I had a
8 devastating back injury. I had over 30 tumors that
9 grew in my spine that ended my career after my
10 sophomore season. So I started as an undergrad
11 student assistant coach for two years at my alma
12 mater at Elizabethtown.
13 From there I went on to a Division II
14 school for three years where I was an associate head
15 coach at Philadelphia University.
16 And then I went to Gannon University,
17 which is another Division II school in Erie,
19 And then I went -
20 Q. What was your position at Gannon?
21 A. Assistant basketball coach. And then I
22 became the head coach at Newman College, a Division
23 III school, in Aston, Pennsylvania.
24 And from there I went to become an
25 assistant at Marist College for one year, and then
STITZEL/FOR PLAINTIFF/DIRECT 4
1 the past four at James Madison as an assistant.
2 Q. Okay. So your one job as head coach
3 was at Newman College?
4 A. Yes, correct.
5 Q. Did you have an assistant coach or more
6 than one assistant when you were there?
7 A. Yes.
8 Q. And did those assistants report
9 directly to you?
10 A. Yes.
11 Q. Were you responsible for their actions
12 while in the course of their employment?
13 A. Yes.
14 Q. Okay. Based on the places you have
15 worked as an assistant and a head coach, are the
16 assistants responsible to the head coach for their
17 actions in the course of their employment?
18 A. Yes.
19 Q. Would you agree that recruiting is the
20 backbone of any basketball, men's basketball,
22 A. Yes.
23 Q. Okay. Why is that, based our personal
25 A. Well, you have to have good players and
STITZEL/FOR PLAINTIFF/DIRECT 5
1 good players and talent is what helps you succeed.
2 Q. How do you get good players with
4 A. You have got to recruit them.
5 Q. What was your primary responsibility
6 during the year you were assistant coach for Matt
7 Brady at Marist College?
8 A. Recruiting.
9 Q. What percentage of your time did you
10 spend recruiting for Marist?
11 A. Again, I can't come up with a percentage
12 for that.
13 Q. Okay. Can you give us a reasonable
14 estimate that it is more or less than 50, 60, 70
16 A. I can't come up with a percentage on
18 Q. Okay. Were you an on the court
19 assistant coach where you taught the players how to
20 play basketball better?
21 A. That's correct.
22 Q. How much time did you spend on the road
24 A. Again, I can't answer that without
25 having a number. I don't know the numbers.
STITZEL/FOR PLAINTIFF/DIRECT 6
1 Q. Was recruiting your primary
3 A. Yes.
4 Q. Okay. Was it your primary
5 responsibility when you went on to JMU with Matt
7 A. Yes.
8 Q. Am I correct that players, Flores,
9 Semenov, Wells, and Moore, we've spoken about them
10 in the courtroom before you have been here, those
11 were players that were being recruited to go to
12 Marist when you were there?
13 A. That's correct.
14 Q. Okay. Were you personally responsible
15 for the recruiting efforts as to any of those four
16 players I just named?
17 A. Three of them.
18 Q. Which three?
19 A. Devon Moore, Trevon Flores, and Julius
21 Q. Was Matt Brady directly involved in
22 recruiting any of those particular players,
23 particularly Flores?
24 A. I don't know what you mean by directly.
25 If you could rephrase that question.
STITZEL/FOR PLAINTIFF/DIRECT 7
1 Q. Sure, sure, I would love to. Did Matt
2 Brady, to your recollection and knowledge, have
3 direct contact with Flores during the recruiting
5 A. Yes.
6 Q. Okay. Did you recommend to Matt Brady
7 that Flores be recruited by Marist?
8 A. Yes.
9 Q. Were you involved in recruiting Julius
11 A. Yes.
12 Q. Okay. Did he sign a national letter of
13 intent in late '07?
14 A. With Marist?
15 Q. Yes.
16 A. Yes.
17 Q. Did he sign one with somebody else too?
18 A. No. I was just making sure we were on
19 the same page.
20 Q. Sure. You want to get it right.
21 A. Right.
22 Q. Okay. Those four players we have been
23 talking about, to your knowledge working as an
24 assistant coach at JMU, did they end up playing for
STITZEL/FOR PLAINTIFF/DIRECT 8
1 A. Yes.
2 Q. Now, you worked at both Marist and JMU
3 in that time frame as an assistant coach. In your
4 opinion, was JMU at that time at a higher caliber
5 of basketball competitiveness and so forth than
6 Marist or were they comparable or were they less?
7 A. Could you rephrase that? Are you
8 talking about - are you comparing Marist to JMU or
9 are you comparing the MAAC to the CAA?
10 Q. Okay. I will rephrase it.
11 A. Okay.
12 Q. I'm not comparing anything. I'm asking
13 you -
14 A. Okay.
15 Q. - to compare the caliber of
16 basketball, the level of competitiveness, and so
17 forth of JMU versus Marist at that point in time.
18 A. Competitiveness - well, again, rephrase
19 the question. I'm having a hard time understanding.
20 I apologize.
21 Q. I will try. The caliber of the players
22 that were playing for Marist versus JMU at the time
23 as far as skill level, ability, how would you say
24 Marist, the Marist program, compared to the JMU
25 program at that time, 2007 to 2008?
STITZEL/FOR PLAINTIFF/DIRECT 9
1 A. Are you talking about the last year, the
2 year I was at Marist, compared to my first year at
4 Q. Yes.
5 A. Fairly, both were very competitive, both
6 competitive players, both programs had competitive
8 Q. Okay. But my question was, comparing
9 one program to the other, were the players at one
10 of the programs operating and playing at a higher
11 level? Compare like Kentucky to Marist, I guess we
12 would say Kentucky. That is what I am looking for.
13 A. Well, I think you just answered your own
14 question there, if I don't mistake -
15 Q. Well, you have to give me the answer.
16 A. Well, I don't think you can compare.
17 Marist/Kentucky is a good comparison. I don't think
18 JMU to Marist at that time is a comparison.
19 THE COURT: Why?
20 THE WITNESS: Why?
21 THE COURT: Why isn't it a good
23 THE WITNESS: Because I think they're
25 THE COURT: Okay.
STITZEL/FOR PLAINTIFF/DIRECT 10
1 MR. HANNIGAN: Thank you.
2 THE COURT: There's the answer.
3 MR. HANNIGAN: Yes. I tried.
4 THE COURT: Got you.
5 MR. HANNIGAN: I guess not so well.
6 Q. Did Matt Brady approach you shortly
7 before he left Marist to go to JMU to see if you
8 were going to come with him down to JMU?
9 A. That is correct.
10 Q. Okay. And what did you tell him?
11 A. Yes.
12 Q. And you went with him to JMU?
13 A. That's correct.
14 Q. And when you got down there, to JMU,
15 within a week or so did you and Brady talk about
16 continuing to recruit Moore and Flores and Wells to
17 go to JMU?
18 A. I don't know if I would phrase the word
19 as talked about. I would say in discussion. I
20 wouldn't say it was talked about. I think it was a
21 passing thing. It wasn't a sit down meeting, no.
22 Q. Did you and Brady ever talk about those
23 players in any context whatsoever -
24 A. Yes.
25 Q. - during that -
STITZEL/FOR PLAINTIFF/DIRECT 11
1 A. Yes.
2 Q. I've got to finish because we make a
3 record -
4 A. Yes.
5 THE COURT: Wait until the question is
6 over. Thank you.
7 MR. HANNIGAN: I am sorry, Your Honor.
8 Can I ask the question again?
9 THE COURT: Certainly.
10 MR. HANNIGAN: Thank you.
11 Q. Did you and Coach Brady early on after
12 getting to JMU talk about recruiting those players
13 that we have been talking about here?
14 A. Yes.
15 Q. Okay. And based on those conversations
16 with your head coach, did you go about furthering
17 the recruitment of those players to go to JMU?
18 A. Yes.
19 Q. Okay. Up to that point in time, had
20 Matt Brady ever told you that he had a restriction
21 in his contract with Marist College that precluded
22 him from having any contacts with those recruits if
23 he left Marist and took a different job at a new
25 A. Did he directly, is that your question?
STITZEL/FOR PLAINTIFF/DIRECT 12
1 Q. No, it is not.
2 MR. HANNIGAN: Could you read it back,
4 (Question read back by the court reporter.)
5 A. No, he did not.
6 Q. Did Matt Brady ever tell you that he
7 had a restriction in his contract with Marist
8 College with respect to offering scholarships to
9 players that he had recruited at Marist if he went
10 to another school?
11 A. No, he did not.
12 Q. Did you have a conversation with Tim
13 Murray when - the athletic director, you know who
14 that is, Tim Murray?
15 A. I believe so, yes.
16 Q. Sitting here (indicating)?
17 A. Oh, yeah, yeah, it's Tim. I didn't see
18 him there.
19 Q. No problem. Did you have a
20 conversation with him when you were leaving Marist
21 to go to JMU regarding the fact that you wanted to
22 leave, sort of an exit interview type situation?
23 A. Yes. I would call it an informal exit
24 interview. I wouldn't call it formal.
25 Q. Okay, informal. Did Tim Murray say
STITZEL/FOR PLAINTIFF/DIRECT 13
1 anything to you about the recruits during that
2 conversation, these recruits that we have been
3 talking about here?
4 A. He mentioned Julius Wells at the time.
5 Q. Anything else?
6 A. That's all he mentioned, yeah.
7 Q. Okay. Did Tim Murray say to you during
8 that conversation that you and the other assistants
9 and Brady were free to go recruit those players,
10 Marist was not going to hold Brady to his contract?
11 A. He never brought up the contract.
12 Q. Okay. He may never have brought up the
13 contract, but did he tell you, say to you during
14 that conversation, in words or substance, that you
15 don't have to abide by the terms of Brady's
16 contract, you or Brady, because we are waiving it
17 or we're not going to enforce it, anything like
19 A. No, there was nothing talked about like
20 that, no.
21 Q. Okay.
22 MR. HANNIGAN: Thank you, Your Honor.
23 No further questions.
24 THE COURT: Cross?
25 MR. DU VALL: Thank you.
STITZEL/FOR PLAINTIFF/CROSS 14
3 BY MR. DUVALL:
4 Q. Mr. Stitzel, my name is Rick DuVall. I
5 represent Coach Brady in this action and I will
6 have a few questions for you.
7 A. Uh-hum.
8 Q. Are you aware of any restriction that
9 Marist College placed on you to the effect that if
10 you were to leave Marist, that you would be
11 restricted in your ability to contact student
12 athletes that you had met when you were working for
14 A. No.
15 Q. Did Tim Murray or anyone at Marist ever
16 tell you that you had such a restriction?
17 A. No.
18 Q. No. When did you first meet or observe
19 Devon Moore, to your recollection?
20 A. My first time personally?
21 Q. Yes.
22 A. Well, that was back when I was an
23 assistant at Gannon University as I stated earlier
24 when I went through my career profile there.
25 Q. And were you - did you come in - did
STITZEL/FOR PLAINTIFF/CROSS 15
1 you meet him face-to-face?
2 A. No, not at that time, no.
3 Q. Did you see him play basketball?
4 A. Yes.
5 Q. And about what year would that have
7 A. If I was at Marist - if I correctly, is
8 that 2007 I was at Marist, so he would have been a
9 sophomore, probably 2005ish.
10 Q. And you were at Newman at this time or
11 at Gannon?
12 A. I was at Gannon at the time.
13 Q. Did you follow his progress after you
14 first saw him as a sophomore?
15 A. Vaguely. I mean - because at that
16 time, you know, I was at a different level than
17 where he was going to be recruited at. I was at
18 what we call Small College Division II and Division
19 III, and obviously that kind of kid is not recruited
20 at that level.
21 So did I follow him? Yes. I follow a
22 lot of kids, and he was one of them, but to say that
23 I was, you know, checking the Internet every day for
24 him, no, not at that time.
25 Q. But you continued to keep your eye out
STITZEL/FOR PLAINTIFF/CROSS 16
1 on him?
2 A. Yes, yes.
3 Q. About how many times did you see him
4 play basketball after you first saw Mr. Moore?
5 A. In 2005?
6 Q. Between 2005 and the time you got to
7 Marist in August of '07?
8 A. I wouldn't know a specific number, but
9 more than a couple.
10 Q. Okay. Did you actually personally
11 interact with him at any point before you arrived
12 at Marist in August of '07?
13 A. No, no.
14 Q. Okay. How about Trevon Flores, when
15 did he first get onto your radar?
16 A. About the same time, both being
17 Columbus, Ohio, kids. In 2005, when I was at
18 Gannon, I was responsible for recruiting the State
19 of Ohio. They were both sophomores at the time in
20 that state and I actually saw them in the same
21 tournament at that time when they were young
23 Q. Similar to Mr. Moore, did you kind of
24 keep track of Mr. Flores, at least loosely?
25 A. No, because at the time, as it comes to
STITZEL/FOR PLAINTIFF/CROSS 17
1 be, that he went to Louisiana and I really had no
2 idea he went to Louisiana until I saw a show-up on a
3 piece of paper in 2007 of the fall. So no, not him.
4 He disappeared.
5 Q. Okay.
6 A. And Louisiana wasn't really my scope of
7 recruiting at the time.
8 Q. Right. How about Julius Wells, when
9 did you first - when did he first get on your
11 A. I saw Julius when I was coaching at
12 Newman College.
13 Q. How, if at all, did you track his
14 progress over the ensuing years?
15 A. I just saw him play in the summer, like
16 I see, you know, hundreds of kids in the summer, and
17 I liked him enough that he always stood out.
18 Tracking progress, you know, more than just what I
19 could see with my two eyes - I only saw him play
20 with what my two eyes could see.
21 Q. Describe a summer tournament, if you
22 will. I'm not familiar with what happens there.
23 A. It is different AAU teams. You know,
24 there could be as many as 300. Some tournaments
25 have 25; some tournaments have 300. And, you know,
STITZEL/FOR PLAINTIFF/CROSS 18
1 there's different usually venues scattered about,
2 you know, at a university or multiple high schools
3 where there's a lot of games being played.
4 And, you know, you can see multiple kids
5 throughout a weekend, throughout a day, really
6 within an hour. It depends how spread out the
7 tournament is.
8 Q. Your purpose in attending such a
9 tournament is to scout for talent; is it fair to
11 A. That's correct.
12 Q. Okay. When you got to Marist College,
13 did Marist issue you a cell phone?
14 A. No.
15 Q. Did you have a car?
16 A. No.
17 Q. A Marist car?
18 A. No.
19 Q. All right. What sort of records, if
20 any, did you keep during '07, '08, with respect to
21 your recruiting efforts?
22 A. I didn't keep any records.
23 Q. Okay.
24 A. I don't keep records personally.
25 Q. You didn't have a file on each recruit?
STITZEL/FOR PLAINTIFF/CROSS 19
1 A. No.
2 Q. No. How would you keep track of where
3 a given youngster's phone number was, address,
4 coach's name, et cetera?
5 A. Their phone number would be in my phone,
6 so would their address. In this day and age of
7 BlackBerries, you can put all that in.
8 Q. And this was your personal phone?
9 A. Personal phone, correct.
10 Q. Did Mr. Murray, Tim Murray, ever ask
11 you to keep paper records in the office?
12 A. Only what was compliance, nothing to do
13 with actual recruiting records, only what was
14 required by compliance.
15 Q. Did you keep the compliance records as
17 A. Yes.
18 Q. And what did you do with those when you
19 filled them out?
20 A. I forget who I submitted them to. It
21 wasn't Tim himself. It might have been Liz Donohue.
22 It might have been - again, I'm vague. I don't -
23 not Tim.
24 Q. Okay. At the time you left Marist to
25 go to JMU, had you filled out all of your
STITZEL/FOR PLAINTIFF/CROSS 20
1 compliance paperwork and given it to Liz Donohue?
2 A. Yes. I gave it to the proper person.
3 I'm just saying it was Liz Donohue, if I remember
4 correctly. I don't know if that was the proper
6 Q. I think she's been identified in the
8 A. Okay, yes.
9 THE COURT: Don't speak at the same
10 time. She can't take that down.
11 Q. Now, Mr. Hannigan asked you a question
12 about a conversation with Tim Murray around the
13 time you left Marist.
14 Did Tim Murray say anything to you
15 about the likelihood that folks that you all had
16 recruited were going to attend Marist?
17 A. Yes.
18 Q. What did he say on that score?
19 A. I know they're not coming to Marist.
20 Q. And was there any back and forth
21 between you that prompted him to say that?
22 A. It was in regard to Julius Wells.
23 Q. Just tell us the best recollection of
24 your discussion.
25 A. He was looking for his phone number to
STITZEL/FOR PLAINTIFF/CROSS 21
1 speak to him, and he asked me to give him a phone
2 number, and he said, I know - and this I can say
3 with certainty - I know he's not coming here, he's
4 gone, and I just would like his phone number so I
5 can speak to him.
6 Q. Okay. And in that context did he say
7 anything about other recruits besides Julius Wells?
8 A. No.
9 MR. DU VALL: Can I please have this
11 (Whereupon, Defendant's Exhibit I was
12 marked for Identification.)
13 (Off the record discussion.)
14 MR. DU VALL: May I proceed?
15 THE COURT: Yes.
16 Q. Mr. Stitzel, I show you what has been
17 marked for identification as Defendant's Exhibit I
18 and I will ask you if you recognize that document?
19 A. I vaguely remember the document.
20 Q. Is it a memo that you wrote?
21 A. Yes.
22 Q. And who did you - who is the memo
23 addressed to?
24 A. It says Coach Brady here.
25 Q. Okay.
STITZEL/FOR PLAINTIFF/CROSS 22
1 MR. DU VALL: I would offer Exhibit I in
2 evidence as a past recollection recorded.
3 MR. HANNIGAN: Objection, Your Honor.
4 The witness has indicated he vaguely
5 remembers this document. It is still
7 MR. DU VALL: The witness is present to
8 be cross-examined on it.
9 MR. HANNIGAN: He can see if it
10 refreshes his recollection, and if it does,
11 that is one way to do it.
12 THE COURT: Why don't you take a look at
13 the document, read it over, and let me know
14 if that is something you recall writing.
15 THE WITNESS: Yes, I remember writing
17 THE COURT: I will overrule the
18 objection and I will allow it to be entered
19 into evidence as Defendant's Exhibit I in
20 evidence over objection.
21 (Whereupon, Defendant's Exhibit I was
22 received in Evidence.)
23 Q. Sir, I just ask you to direct your
24 attention to the sentence about five lines down in
25 the second paragraph where it starts with the
STITZEL/FOR PLAINTIFF/CROSS 23
1 words, he started. Do you see that?
2 A. No. Second paragraph?
3 Q. Second paragraph, fifth line down, over
4 to the right of that line, a sentence starts, he
6 A. What is the one above it? I don't know
7 why I can't see it.
8 Q. Let me just point it out to you.
9 A. Maybe it is time for glasses.
10 Q. Right there.
11 A. Oh. I'm looking over here.
12 Q. I am sorry.
13 A. Yes.
14 Q. If you could just read down about three
15 lines there.
16 A. You want me to read that statement?
17 Q. Out loud.
18 A. Where it starts with he started?
19 Q. Yes, please.
20 A. He started the conversation by saying
21 that the two kids that were verbally committed to
22 Marist he knew were "gone" and he was not worried
23 about it or going to do anything to stop it.
24 Keep going?
25 Q. Yes, the next two sentences.
STITZEL/FOR PLAINTIFF/CROSS 24
1 A. He said he understood how the business
2 works. He then asked me about Julius Wells.
3 Q. Okay, you can stop there. Did you
4 understand who Mr. Murray was referring to when he
5 said the two kids that were verbally committed?
6 A. Yes.
7 Q. Who was he referring to?
8 A. That would have been Andrey Semenov and
9 Trevon Flores.
10 Q. What did you understand him to mean
11 when he said he said he understood how the business
13 MR. HANNIGAN: Objection.
14 THE COURT: Sustained.
15 Q. What did that mean to you?
16 MR. HANNIGAN: Objection.
17 THE COURT: Sustained.
18 Q. Now, after you got to JMU - I am done
19 with the memo. Let me put it back in the pile.
20 THE WITNESS: Is this water, Your Honor,
21 that I can have a drink of?
22 THE COURT: Yes, absolutely. Do you
23 have cups there?
24 THE WITNESS: I've got cups. It looked
25 like coffee, that is why I asked.
STITZEL/FOR PLAINTIFF/CROSS 25
1 THE COURT: That would be nice.
2 THE WITNESS: Thank you. Yeah, you
3 don't have sugar or cream for me either.
4 THE COURT: Just pretend.
5 Q. Okay. All set?
6 A. Uh-huh.
7 Q. After you got to JMU, you said you had
8 contact with at least some of these recruits.
9 Now, let's take Trevon Flores. After
10 you were at JMU, did Mr. Flores or someone on his
11 behalf reach out to you or did you call Flores or
12 someone for him?
13 A. His stepfather reached out to me.
14 Q. Okay. How about Devon Moore, did you
15 call him first or did he call you?
16 A. His father reached out to me first.
17 Q. Okay. Did you speak with Mr. Semenov
18 after you got to JMU?
19 A. No, I did not.
20 Q. Okay. How about Julius Wells?
21 A. No. Julius could not be spoken to
22 because he was still under the NLI he signed at
23 Marist. So there was no contact to be had with
25 Q. After Julius was released from his
STITZEL/FOR PLAINTIFF/REDIRECT 26
1 national letter of intent, did you have any
2 discussion with Julius?
3 A. Yes.
4 MR. DU VALL: I have nothing further.
5 MR. HANNIGAN: Can I inquire, Your
7 THE COURT: Yes, sir.
8 REDIRECT EXAMINATION
9 BY MR. HANNIGAN:
10 Q. Mr. Stitzel, I just want to ask you
11 about this memo here.
12 A. Sure.
13 Q. I asked you before on direct about that
14 conversation that you had with Tim Murray and I
15 didn't get all this, but let's talk about it.
16 Were you in the habit of preparing
17 memos three weeks after you had conversations with
18 people memorializing everything they said,
19 everything you said, in quotes and so forth? Was
20 that your practice? Do you have a lot of these?
21 A. Yes.
22 Q. You do?
23 A. Yes.
24 Q. All the conversations you have with
25 people on business, you put in memos like this?
STITZEL/FOR PLAINTIFF/REDIRECT 27
1 A. Not all conversations, but there are
2 some that I keep for a personal file, yes.
3 Q. Most of them, most conversations you
5 A. Yes.
6 Q. Okay. Mr. Brady asked you to prepare
7 this, right?
8 A. I don't know the answer to that
10 Q. I don't know the answer. What does
11 that mean?
12 A. I don't recall.
13 Q. You don't remember whether Matt Brady
14 asked you to do this?
15 MR. DU VALL: Objection, asked and
17 THE COURT: Overruled.
18 A. No, I don't recall.
19 Q. You testified at your deposition about
20 that, whether Matt Brady asked you to prepare this?
21 A. I don't recall.
22 Q. And this was - you prepared this April
23 16th, 2008?
24 A. Yes. If that's the date that is on it,
STITZEL/FOR PLAINTIFF/REDIRECT 28
1 Q. And the conversation took place, it
2 says here, March 26th?
3 A. If that's on the document, yes. I don't
4 have it in front of me.
5 Q. I am sorry.
6 A. I can't answer that question.
7 MR. HANNIGAN: Where is the original
9 MR. DU VALL: Over there.
10 MR. HANNIGAN: May I approach?
11 THE COURT: Yes.
12 Q. Why don't you take a look at that.
13 A. Uh-hum.
14 Q. So when did the conversation take
16 A. March 26th, 2008.
17 Q. And you prepared this document on April
18 16, 2008?
19 A. Yes.
20 Q. And did you have notes from the
21 conversation that allowed you to have the exact
22 quotes from the language that Tim Murray used in
23 your conversation?
24 A. I had mental notes.
25 Q. I didn't ask you that. Did you have
STITZEL/FOR PLAINTIFF/REDIRECT 29
1 notes written down on a piece of paper that you
2 used to create this detailed -
3 A. No, I did not have notes.
4 THE COURT: Wait until the question is
5 finished before you begin the answer so the
6 stenographer has both the full question and
7 the full answer.
8 Q. There's a lot of exact quotes in here
9 with comments and, like at the end you say, ya
10 know, I get it, I did coach college basketball.
11 A. That's correct.
12 Q. That's in quotes, right?
13 A. Yes. That is what I see here.
14 Q. It says ya know, for example. Do you
15 see that?
16 A. Yes.
17 Q. You put it in quotes, right?
18 A. Yes.
19 Q. Is that exactly what Tim Murray said?
20 A. Yes.
21 Q. And that was just because you
22 remembered the conversation exactly?
23 A. I remember that quote exactly.
24 Q. Okay. How about all the other quotes,
25 do you remember them exactly?
STITZEL/FOR PLAINTIFF/REDIRECT 30
1 A. Yes.
2 Q. Good memory. Does this memo say
3 anything about releasing Matt Brady from his
4 contract regarding having any contact with the
6 MR. DU VALL: Object. The memo speaks
7 for itself. It is in evidence.
8 Q. Do you see anything in there?
9 THE WITNESS: Am I supposed to answer?
10 THE COURT: You can answer that.
11 A. No, I don't see anything about anybody's
12 contract in there, no.
13 Q. Okay. Thank you.
14 MR. HANNIGAN: No more questions.
15 MR. DU VALL: No recross.
16 THE COURT: Thank you. Sir, you may
17 step down.
18 THE WITNESS: Thank you. Have a good
20 (Witness excused.)
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