Transcript

by Dave Fromm

Mr. Henks: Would you swear the witness, please?

CR: Please raise your right hand. Do you swear to tell the truth, the whole truth and nothing but the truth here today?

Witness: Um, sure.

By Mr. Henks:

Q: Please state your full name and address for the record.

A: Martin Soucek, 1170 Hawthorne Way, White Plains, New York.

Q: And how old are you?

A: I am 58 years old.

Q: Mr. Soucek, have you had your deposition taken before?

A: No.

Q: Well, let me tell you a little about what's happening here today. I am going to ask you some questions, and you have to answer those questions truthfully. This may seem like an informal setting, since we are not in court, but the proceedings are just as formal as if you were sitting on the witness stand. Do you understand that?

A: (Nods)

Q: Now, Mr. Soucek, I'm going to be asking you questions, and I need you to respond verbally. Do you understand that?

A: (Nods)

Q: No, Mr. Soucek, what I mean is that I need you to give a verbal response to my questions, so that the Court Reporter here can transcribe those responses. The Court Reporter can't transcribe nods or shrugs, and responses like "uh-huh" or "mm-hmm" create confusion later. Do you understand?

A: Mm-hmm. Sorry. Yes.

Q: Now, Mr. Soucek, if you don't understand one of my questions, please just let me know and I will try to ask it in a clearer fashion. Do you understand?

A: If I don't understand, I ask you. Yes.

Q: Mr. Soucek, are you currently taking any medication or other drugs which might impact your ability to answer my questions truthfully?

A: What are you trying to say?

Q: It's just a standard question, Mr. Soucek. Are you currently on any medication or other drugs, like cold medicine or antidepressants, which might impact your ability to provide truthful answers to my questions today?

A: Why should I be on antidepressants? I think you are insulting me.

Mr. Henks: Counsel . . .

Mr. Grundy: Mr. Soucek, counsel is just asking standard preliminary questions. These are very normal for any deposition. He isn't trying to insult you.

Witness: Oh, okay, okay. I understand. But why should I be on antidepressants?

Mr. Grundy: You shouldn't be. Nobody's saying you should be on antidepressants. Just tell him if you're on any medication right now that would make it difficult for you to answer the questions today truthfully.

Witness: Oh. Okay. What is your question?

By Mr. Henks:

Q: Are you on any medication or other drugs today that might make it difficult for you to answer my questions truthfully?

A: You mean like antidepressants? No.

Q: Well, are you on any medication other than antidepressants that might make it difficult for you to answer my questions truthfully?

A: Any other medication?

Q: Yes.

A: Like what?

Q: Any other medication.

A: Maybe like Viagra?

Q: Okay, like Viagra.

A: No, I am not taking Viagra today. I don't need Viagra. Why do you think I need Viagra?

Q: Mr. Soucek, let me just explain a couple of ground rules for this deposition. The first rule is that I ask the questions, and you provide the answers. The second rule is that you just answer the questions that I ask you. Do you understand these rules?

A: Well, I think it is only one rule.

Q: Mr. Soucek, I just want to tell you that I have this conference room reserved for the entire day today, and I can get it for tomorrow as well, and we will be here until I am satisfied that I have asked all of the questions I need to ask.

A: I have already told you I am not taking Viagra. Why are you threatening me?

Q: Mr. Soucek, this is a simple question, it's merely a preliminary question, and I will rephrase it for you. If I say that you are not currently taking any medication that will affect your ability to answer questions here today, is that a true statement?

A: I am not available tomorrow.

Q: Mr. Soucek, just answer my question.

A: I am taking heart medication, but I don't think it can probably affect my answers.

Q: So you are taking heart medication?

A: Yes.

Q: For what?

A: For my heart.

Q: For what condition?

A: I have a heart condition.

Q: Let's take a five minute break.

(Off the record at 9:35 a.m.)

(On the record at 9:55 a.m.)

By Mr. Henks:

Q: Mr. Soucek, I am going to show you a copy of a document in this case. Please mark this document as Defendants' A.

(Copy of Complaint dated November 12, 2001 marked as Defendants' Exhibit A.)

By Mr. Henks:

Q: Have you had a chance to review this document?

A: When?

Q: Now.

A: Well, I have looked at it, so, yes, if you mean have I looked at it.

Q: Have you ever seen this document before?

A: Before when?

Q: Today.

A: I think I have seen this before.

Q: This is a copy of the complaint that you filed in this case, is it not, Mr. Soucek?

A: I think, yes.

Q: Well, Mr. Soucek, what do you mean, you think yes? You signed this document, didn't you?

Mr. Grundy: Objection.

A: Well, if you mean, no, I did not sign any document.

Q: Mr. Soucek, would you please turn to the last page of this document. Do you see there under the heading 'Verification', that is your signature, isn't it?

Mr. Grundy: Objection. The document speaks for itself.

A: I sign what my lawyer tells me to sign. I don't know what this is.

Q: But Mr. Soucek, is this not your complaint?

A: If you mean, yes, this is what I told my lawyer to sue you. You did not ask me that.

Q: Mr. Soucek, what country are you from?

A: I am an American citizen.

Q: No, Mr. Soucek, what I mean is what country are you from? Because I think you are misunderstanding some of the questions I am asking you.

A: I speak English very well. I don't know what you are trying to say to me.

Q: Mr. Soucek, what country were you born in?

A: Why?

Q: Counsel . . .

Mr. Grundy: We'll stipulate that Mr. Soucek was born in Prague, The Czech Republic, and emigrated to the United States in 1991. We will further stipulate that Mr. Soucek's father was an American citizen in the United States Army and that Mr. Soucek received dual citizenship in 1995.

Witness: Ti vole (ph).

By Mr. Henks:

Q: What was that, Mr. Soucek?

Mr. Grundy: Marty . . .

Witness: Do prdele (ph).

Mr. Grundy: Marty.

Mr. Henks: Let the record reflect that the witness is speaking Czechoslovakian. Mr. Soucek, if you have something to say to me, please say it in English. And just so you know, I will have all of your comments translated.

Witness: Do you have good luck in a 'Czechoslokakian' translator.

Mr. Henks: Counsel, unless some things change very fast, I am going to seek costs so fast that it will make your client's head spin.

Mr. Grundy: Save it for the judge, Bob.

Witness: Czechoslovakia is not a country, you would know if you read the newspaper.

Mr. Henks: I won't save it for the judge, Tony. And you can add sanctions to those costs.

Mr. Grundy: Why don't you just stop shouting and ask your questions and let's see if we can get somewhere. There's no need to shout.

Witness: You think maybe we are still Communists, yes?

Mr. Henks: I'm not shouting.

Witness: I think you are shouting.

Mr. Henks: I'm going to take a five-minute break, and when I get back, we are going to try this again.

(Off the record at 10:30 a.m.)

(On the record at 10:50 a.m.)

By Mr. Henks:

Q: Mr. Soucek, you have sued my client, Bohemia Intertrade Corporation, for breach of contract, is that correct?

A: Well, I sue them, I know that.

Q: What is the basis for your allegation that my client breached a contract with you?

A: Basis?

Q: Yes.

A: I don't understand your question.

Q: Why do you think that my client breached a contract with you?

A: Because they did. They even said so.

Q: Mr. Soucek, what was this alleged contract for?

A: You should ask your client. They even said so,

Q: Mr. Soucek, what was this alleged contract for?

A: For?

Q: It was for the importing of Absinthe, wasn't it?

Mr. Grundy: Objection.

A: I think maybe it could be so.

Q: Well, Mr. Soucek, isn't that what your complaint alleges?

A: I don't know.

Q: Mr. Soucek, who wrote this complaint?

A: The lawyers.

Q: Do you mean Mr. Grundy?

A: Yes. I guess so.

Q: And how did Mr. Grundy know what to put into the complaint?

A: Because he is a lawyer. You should know that.

Q: Mr. Soucek, how did Mr. Grundy know the facts to put into the complaint?

Mr. Grundy: Objection. We'll stipulate that Mr. Soucek and his lawyers discussed the facts of the case, and that the allegations in the complaint arise out of those discussions and the ensuing investigation by counsel. I'll instruct the witness not to divulge any of the details of his privileged discussions with his lawyers.

Mr. Henks: Tony, all I'm trying to get here is the basis for the allegations. I think I'm entitled to that basis.

By Mr. Henks:

Q: Mr. Soucek, you allege that you had a contract with my client for the importing of Absinthe, is that correct?

Mr. Grundy: I'm going to object to the use of the word 'contract' as calling for a legal interpretation. Go ahead and answer.

A: . . .

Q: You can answer the question.

A: I think I should talk to my lawyer.

Q: Mr. Soucek, you can talk to your lawyer whenever you want. But, just so that we're clear, at times, your lawyer may object to my questions. Those objections are for the record in this case. You still have to answer the questions unless your lawyer instructs you not to answer.

Mr. Grundy: You can answer the question.

Witness: What was the question?

By Mr. Henks:

Q: Isn't it true that your complaint alleges that you had a contract with my client for the importing of Absinthe from the Czech Republic to the United States?

Mr. Grundy: Same objection.

Mr. Henks: The question doesn't call for a legal interpretation. I'm just asking the witness what the complaint says.

Mr. Grundy: Same objection. You can answer.

Mr. Henks: You can answer.

A: . . .

Q: You can answer the question.

A: What was the question?

Q: Do you or do you not allege that you had an agreement with my client whereby you would arrange for the import of Absinthe into the United States?

A: We had an agreement.

Q: Thank you.

A: You are very welcome.

Q: Mr. Soucek, do you think this is funny?

Mr. Grundy: Move to strike. Don't answer that.

Q: Mr. Soucek, why are you smiling? Is something funny?

Mr. Grundy: Don't answer that. Move along, Bob.

Witness: Do prdele (ph).

Mr. Henks: Counsel, I suggest you impress on your client the financial ramifications of frivolous litigation.

Mr. Grundy: Next question.

Witness: What was the question?

By Mr. Henks:

Q: Mr. Soucek, is Absinthe legal?

Mr. Grundy: Objection to the extent the question calls for a legal conclusion. You can answer.

A: I think the question calls for a legal conclusion.

Q: Mr. Soucek, the question does not call for a legal conclusion. If I ask you whether cocaine is legal, you can answer the question without making a legal conclusion. It's a conclusion of fact.

Mr. Grundy: Objection.

Witness: What are you talking about cocaine for?

Mr. Henks: I'm just using it as an example.

Witness: I think you are making some kind of slander to me.

Mr. Henks: Mr. Soucek, I am making no slander.

Witness: Maybe I will sue you.

Mr Grundy: Marty, shut up.

Mr. Henks: Is that a threat, Mr. Soucek?

Mr. Grundy: Don't answer that. Next question.

Witness: Absinthe is legal in Czech Republic.

Mr. Grundy: Marty, there's no question pending. Let him ask a question.

Witness: So, I am just saying, for his question. Absinthe is not illegal in Czech Republic.

By Mr. Henks:

Q: But it is illegal in the United States, isn't it?

A: I don't know. I don't think so, maybe, yes.

Q: Well, which is it?

A: Cocaine is illegal in both Czech Republic and United States.

Q: My question is about Absinthe.

A: What is your question?

Q: Is Absinthe legal in the United Stated?

Mr. Grundy: Objection. Calls for a legal conclusion. Irrelevant.

Mr. Henks: How is it irrelevant? It's absolutely relevant.

Mr. Grundy: You can answer.

Mr. Henks: No, wait, I want to know how it is irrelevant.

Mr. Grundy: Ask your next question.

Mr. Henks: Do you plan to contend that the plaintiff's knowledge of the illegal nature of the contract is irrelevant?

Mr. Grundy: Next question.

By Mr. Henks:

Q: Is Absinthe legal in the United States?

A: You are the lawyer. You tell me.

Q: It's not legal, is it?

A: I don't know. All I know is that your client agreed to import Absinthe from me.

Q: That's not my question.

A Maybe they import cocaine from someone else.

Mr. Henks: Move to strike. Be careful, Mr. Soucek, or you'll find yourself on the wrong end of a defamation lawsuit. (Pause.) Let's break for lunch. Off the record.

(Off the record at 12:45 p.m.)

(On the record at 2:05 p.m.)

By Mr. Henks:

Q: Mr. Soucek, are you familiar with a company called Dortmunder GmbH?

A: I don't know.

Q: Mr. Soucek, isn't it true that in 1989, you sued Dortmunder GmbH in Germany?

A: Maybe, it could be true.

Q: And what was that lawsuit about?

A: They breached an agreement with me.

Q: What kind of agreement?

A: A contract.

Q: Mr. Soucek, isn't it true that you promised to sell authentic religious artifacts, specifically, I believe, casts of the Virgin Mary, from Czech churches to Dortmunder GmbH for resale in Western Europe?

A: Maybe, it could be true.

Q: And weren't these "authentic religious artifacts" in fact mass-produced in one of your factories in Bratislava.

A: No. That is false. They were authentically produced according to the Czech way of production.

Mr. Grundy: Calm down, Marty.

Mr. Henks: But they weren't from Czech churches, were they?

Mr. Grundy: I don't see how any of this is relevant.

Mr. Henks: They weren't from Czech churches, were they?

Witness: The Germans, they cheated on the contract.

Mr. Henks: Quite a capitalist, are you, Mr. Soucek?

Mr. Grundy: Objection. Move to strike.

By Mr. Henks:

Q: What was the outcome of that case, Mr. Soucek?

A: I should have known not to trust Germans.

Q: You had to pay Dortmunder GmbH $1 million dollars in a settlement, isn't that right?

A: We made an agreement. It was not a good business for me.

Q: You had to pay a settlement, right?

A: It was an agreement that was not good business for me.

Q: And Absinthe is illegal, right?

A: I think Henks is a German name, right?

Q: My question is, Absinthe is illegal, is that right?

A: I don't know that it is illegal. Your client agreed to import it to United States. I provide it. Then they say that they will not take it. I think that is illegal, isn't it?

Q: That's not my question, and I'll move to strike your answer.

A: No, I will move to strike you. I am asking you, if someone says that they will do something, and then they don't pay you for it, that is illegal, I think.

Q: Move to strike. Sit down, Mr. Soucek.

Mr. Grundy: Sit down, Marty.

Witness: May I go to the bathroom?

Mr. Henks: You need to take a break?

Witness: Yes, please. They serve goulash in diner.

Mr. Henks: Of course. But please answer my question first.

Witness: What is your question?

By Mr. Henks:

Q: Absinthe is illegal in the United States, isn't it?

A: I say before I don't know. May I go to the bathroom please?

Q: Sure. But is it your testimony that you don't know if Absinthe is illegal in the United States?

Mr. Grundy: Objection. Asked and answered. He's already testified that he didn't know.

Witness: I asked and answered already. I don't know what is illegal in United States. But maybe crapping in conference room is illegal?

Mr. Henks: Let's take a ten-minute break. Off the record.

(Off the record at 3:10 p.m.)

(On the record at 3:30 p.m.)

By Mr. Henks:

Q: Mr. Soucek, do you drink Absinthe?

A: When?

Q: Ever.

A: Today?

Q: Have you ever drunk Absinthe?

A: Yes.

Q: Where?

A What do you mean?

Q: You've testified that you have drunk Absinthe in the past. I am asking you where.

A: You mean like which bar?

Q: Which country?

A: Czech Republic. Maybe England.

Q: But not in the United States?

A: Not in the United States.

Q: Why not?

A: What do you mean?

Q: Why have you not drunk Absinthe in the United States?

A: I don't know. Maybe because I'm not thirsty?

Q: Mr. Soucek, this is not a joke.

A: No joke.

Q: You haven't drunk Absinthe in the United States because it is illegal to buy Absinthe in the United States, isn't that right?

A: I don't know.

Q: You don't know?

A: I don't eat horsemeat in United States, but it isn't illegal.

Q: Yes it is, in fact.

A: It is?

Q: Yes.

A: Oh.

Mr. Grundy: Well, there goes dinner.

Mr Henks: . . .

Mr. Grundy: Just kidding.

Witness: I think horsemeat in that goulash.

By Mr. Henks:

Q: Mr. Soucek, do you know what wormwood is?

A: I think maybe.

Q: Mr. Soucek, do you know that wormwood, the main ingredient in Absinthe, is reputed to cause mental abnormalities?

A: I think that is not true.

Q: How do you know that is not true?

A: I think many smart people drink Absinthe.

Q: Like who?

A: Well, I think, John Major.

Q: John Major, the former Prime Minister?

A: I think maybe.

Q: How do you know the former Prime Minister of Great Britain drinks Absinthe?

A: Well, you can see it.

Q: You can see it?

A: In his face.

Q: You can see it in his face.

A: Yes. And, of course, I sell it to him.

Q: You sold Absinthe to John Major?

A: I mean, I could.

Q: But you haven't.

A: It is not illegal in London.

Q: Mr. Soucek, have you or have you not sold Absinthe to John Major?

A: Why?

Q: I thought you said you had.

A: I don't want to get anyone in trouble.

Q: Mr. Soucek, are you aware that drinking Absinthe is reputed to lead to birth defects?

A: That is not true. My wife drink Absinthe with me when she pregnant with our son.

Q: Have you counted his arms?

Mr. Grundy: Move to strike.

A: I think you are insulting my family.

Q: I'm sorry, Mr. Soucek. I apologize.

A: Thank you.

Q: Far be it from me to insult your family.

A: Thank you. I do not insult your family.

Q: Okay.

A: Even if they are German.

Q: Mr. Soucek, I take it that your son is healthy?

A: Which son?

Q: How many sons do you have?

A: I have five sons.

Q: Well, when did your wife drink Absinthe with you?

A: When?

Q: Yes. During which pregnancy?

A: During all of them.

Q: All of them?

A: Probably, I think so.

Q: Okay.

A: I don't know what she drinks.

Q: Did your mother drink Absinthe when she was pregnant with you?

Mr. Grundy: Objection, relevance. Harassing the witness. Cut it out, Bob.

A: Why are you asking about my mother?

Q: Forget it. Your sons, Mr. Soucek, I take it that they are all healthy?

A: Well . . .

Q: Are they not healthy?

A: One is dead.

Q: I'm sorry.

A: Yes.

Q: I'm sorry to have to ask this, but how did he die?

A: Well, he was born without -- how you say? -- a nose.

Q: He was born without a nose?

A: Yes. Well, with small nose.

Q: A small nose?

A: Very small.

Q: And he died as a result of that?

A: Well . . .

Q: How did he die?

A: He was shot.

Q: Excuse me?

A: Tomas. He was shot.

Q: Who shot him?

A: One of his brothers.

Q: What?

A: It was accident.

Q: One of his brothers accidentally shot him?

A: Pavel. It was very sad.

Q: It sounds very sad.

A: They were fighting.

Q: Why were they fighting?

A: Because Pavel said Tomas had a small nose.

Q: Let's take five minutes.

(Off the record at 4:05 p.m.)

(On the record at 4:15 p.m.)

By Mr. Henks:

Q: Mr. Soucek, I'm sorry about your son. I'd like to just wrap up that line of questioning and move on.

A: Okay.

Q: You said one of your sons is deceased.

A: Tomas.

Q: Yes. Right. Are the other four sons healthy?

A: I have five sons.

Q: I thought you had five sons and one died.

A: Right. I had six in the beginning.

Q: So you have five living sons?

A: Yes. And one daughter. Jana.

Q: Okay. And are the other children healthy?

A: Well . . .

Q: . . .

A: I mean, Pavel is in prison, so I don't know about him.

Q: Why is he in prison?

A: For the shooting.

Q: I thought you said that was an accident.

A: Well, I think so.

Mr. Grundy: Counsel, is all of this relevant?

Mr. Henks: Well, frankly, I don't know.

Witness: It is very sad. To shoot your brother.

Mr. Grundy: Maybe we could get back to the Absinthe.

Witness: You can see why I would drink it, yes?

Mr. Henks: I think maybe we should suspend for the day.

(Deposition suspended at 5:00 p.m.)

Copyright 2002 by Dave Fromm. All rights reserved.

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