May 2, 2012

Trial: Stitzel Transcript

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.

14 S-T-I-T-Z-E-L.

15 THE COURT: And your business address.

16 THE WITNESS: I don't know what that

17 means.

18 THE COURT: Do you have a business or

19 address?

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

25 xxxxxxxxxxxxxxxxxxxxxxxx

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,

18 Pennsylvania.

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,

21 program?

22 A. Yes.

23 Q. Okay. Why is that, based our personal

24 experience?

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

3 talent?

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

15 percent?

16 A. I can't come up with a percentage on

17 that.

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

23 recruiting?

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

2 responsibility?

3 A. Yes.

4 Q. Okay. Was it your primary

5 responsibility when you went on to JMU with Matt

6 Brady?

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

20 Wells.

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

4 process?

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

10 Wells?

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

25 JMU?

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

3 JMU?

4 Q. Yes.

5 A. Fairly, both were very competitive, both

6 competitive players, both programs had competitive

7 players.

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

22 comparison?

23 THE WITNESS: Because I think they're

24 similar.

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

24 school?

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,

3 please.

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

18 that?

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


1

2 CROSS-EXAMINATION

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

13 Marist?

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

6 been?

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

22 sophomores.

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

10 radar?

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

10 say?

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

16 requested?

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

5 person.

6 Q. I think she's been identified in the

7 past.

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

10 marked.

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

6 hearsay.

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

16 it.

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

5 started.

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

12 works.

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

24 Julius.

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

6 Honor?

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

4 have?

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

9 question.

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

16 answered.

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,

25 yes.

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

8 document?

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

15 place?

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

5 recruits?

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

19 day.

20 (Witness excused.)


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