Danny Scott Goeb - Oral Deposition - July 10, 1989 - Volume II

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NO. 87-41780
DANNY SCOTT GOEB a/k/a IN l'JU: DISTRIC'l' COURT Ol'
DAN PATRICK
vs.
PAUL HAltASH1 AND
THE HOUSTON POS'l'
HARRlS COUN'l'Y, 'l' E X A S
15lst JUDICil'IL DIS'J'lHC'l'
ORIGINAL
YQ11ll'!.!Ll.l
Richer, Barnhwt & Probst
'<00 MILAM, SUO TO 4>00
HOUSTON. 1E<A5 77002
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DANNY Golm
By Ms. Brownfeld
..............................
By Mtc. Koury , , , , , , , , , , , , , , , , , , ,
By Br.ownfeld , .................
13y Koury , , , , , , , , , , , ..........
By Ms. Brownfeld ............................. .
Exhibit No. 2
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Exhibit No. 3
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Exhibit No. 4
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Exhibit Nos. 5 and 6 ...................
Richor, Bomhort & Probt
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l"or- the Plaintiff:
McLain, Cage, Hill & Nie!Jaus
6363 Woodway, Suite 300
liOIJston, Texas 77057
!3 y : A. Nettles
For the Defendant:
3500 Ono Shell Plaza
Houston, Texas 77002
By: Gail Br.ownfeld
TBA No. 03217500
For the Defendant 'l'h<.> Houston l>ost:
Fulbright Jaworski
1301 McKitJney St.r.eet
Houston, 'l'exas 77010
By: 1\. l'rank Koury
Richer, Bomhor! & Probst
1100 "UI'r" 4200
"OU5TON. TDA5 77002
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l A p p e a r a n c e s (Continued):
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'!'he Vicleographer:
t4ark L. Susmiln
Vidcotiles Productions
On July 10, 1989, at the offices of Baker &
Botts, 3500 One Shell Pl<n:a, Houston, !lards
County, Texa<\
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DANNY SCO'J'T GOBB appeared before 111e,
Johnnie E. Barnhart, Certified Shorthand Reporter
and Notary Public i_n and for the State of 'i'exas,
and being by me first duly sworn, testifiE-d by his
or<l1 videotaped deposition as hereinafter set out,
pursuunt the 'J'exas Hl1les of Civil Proced\lre, and
lmder the following agreement of co\lnsel for. the
respective parties th<lt:
Tho deposition may be signed by the
witness before any Notary Public or officer
authorized to ad1ninieter oaths.
Richer, Somhorl & Prob!
1100 MILAM 5UlTE 4>00
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Mr. we're here today to hopefully complete
the de)Josition thilt was started some time ttgo.
Are you feeling any better this morning
than you wer0 the last time?
I'm fine. l'm wide awake and fine.
Again, the same that made at the
beginning of that deposition are still in effect.
Those agreements ran along the lin<"ls of. letting me
finish my question before you begin to Jf:
there are any questions of rnirte that you dor1't
understand, pleotse stop me and asK me to repeat
them. If you need a break at any t:ime, please feel
free to take a break; or if yoll need to talk to
your <1ttor.ncy at any time, please feel free to talk
to him, okay?
Yes, l'm sorry. lifo nodding, that's L-ight.
Again, one the we made earlier involves
the fact although you're being videotaped, the
court r0porter is still required to take dovm your
testimony; and it's hard for him to take a
shake or nod or huh-uh or. uh-huh. So, try and
answer out loud for us, okay?
Yes.
Do you h<:ove your. 'l-'0xas driver's license with you
Richer, Barnhart & Probs!
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today?
r think so. I just bought a new so I may
not h<lVe it with me.
Yes, I do.
Could you read us your 'l'exas dri.ver's lic<:'nse
numbei, please?
10202041 looks li.ke the
!!r. Patrick, 1'/0uld you admit that you had an
aggressive nnd somewhat controversial style while
you we1;e a TV spor.tcaster?
I would admit to the controversial style, not
aggressive style.
Did anybody at KHOU object to your provocative
::;tyle, your controversial style?
You mean at the station in terms ot other
employees?
other employees.
I don't know.
no you believe you provoked the Boom Boom Jackson
incident?
llbsolutely not.
Did you get angr.y <H mad dudng the Boom Boom
Ja<:kson incid1>nt?
No, not really.
Did you ever ralse your voice during that
altercation?
Richer, Bomfmrt & Probt
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HOUSTON. TEXA5 77002

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rn the night club with all the people that
there, several hundred, loud rnusJ c playing,
you have to talk in a louder than notcmal voice, but
nothing
Would you describe yourself as agitated during that
incident?
No.
Calm and collected during the whole encounter?
Yes, I l<ould say so.
Do you remember. the name of the friends you stayed
with in Costa Rica in mid-April of '8"1?
13r&dley Bi.nton.
When was the last time you spoke to l1r. !linton?
September of 1988.
Does 1!r. Hinton reside 111 Costa Rica year around,
or. was that a summer home or vacation home?
I'm not positive of: this, but I've been told he is
deceased.
1'/ho else was 11ith you at Hinton's home in Costa
Rica?
It wasn't his home; but -- we stayed at the Holiduy
Inn but his l>'ife there part of the time.
But we di<:ln' t stay together. I had my own r.oom.
Why dJ.d you go to Costa Rica?
He ha<:l a business trip and invited me along. And I
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H0U5TON.
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had not been, so I said, "Yes, I'll go.
During t:hG last portion of your deposition 1Ho
t a l ~ N about your business endeavors. We talked
about Dan & Nick's Sportsntarket in Rice Village
which is owned by RY'l'Y, Inc. Is that corr.ect?
Yes.
We talked about D<tn Petrick's Sportsmarket which
was opened -- or, I'm sorry, which was owned by
Watch Bear., Inc. Is that correct?
Yes.
We a.l.so talked about Dan & Nick's Sportsma.rket on
1960 which was owned by Jan Rich, Inc.?
Those are reversed. The one on 1960 was Watch Been
and the one on South G0ssner v1as ,1an Rich.
We also talked about t:he Nice-n-E.Z. Club which was
also owned by Jan Rich.
Is that correct?
Correct.
We spoke also about a club called "Jazz" --
Yes.
-- that you ll'ere involved in.
Yes.
Is it a fair statement to say that all of: these
endeavors lost money?
Yes.
ls it also a fair statement to say that all of
Richer, Bornhorl & Probst
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these business endeavors lost money a10 a result of:
the economic climate in Houston'?
A Yes,
Q !lave you had involvements in any other businesses
oth8r than the the Nic-n-E.Z. Club
and Jazz?
A NO.
Q Do yott have any in a radio station, in
terms of: ownership?
A I'111 not sure that legally I do. I'm involved in
milnagement.
Q Which radio Btation is that?
A KSE'V Radio.
Q number is that?
A M\ 700.
Q Are you involved in that now?
A Yes,
Q What milll<tgement position do you hold?
A r'm the president and genera)
Q Do you have an ownership interest in that entity at
all?
A l say I'm not sure because I'm not i.f: the
papen1ork has gone through. It'f; in my wife's name
us opposBd to mine, and I'm not sur.e if the
transfer. is complete yet.
Richer, Bomhort & Probst
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At any time did you have an ownership interest in
that r-adio station?
Again, I'm not sure technically if I did because of
the way tlw FCC works. J:'n not quite sure if tt1e
transfer went through and everything is put into
her name yet or not.
l gtJess my question is: From whose name is it
being transfE>rr.ed into your wife's name?
It would have be0n transferred rrom mine; but the
way the l'CC 1vorks on an instantaneous basj.s
almost -- one act is done, the other act is done
s irn u 1 ta neo us 1 y, So, I'm not sure technically if it
was in my name for a day, if it still is or if it
is not. I would have to check with my attorneys.
Who would your attor.nGys be? Who would know thot?

Where iE; Nr. Licata located'?
GreenW<lY Plaza.
Who is Lance Luchnick?
Lance Luchnick?
Luchnick.
He was the attorney and agent for Robert Reid.
Did you ev0r hire him to perform legal \'lark for you
or for any business entity with which you WrG
involved?
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Absolutely not.
lire there any other businesses in which you are
i11volved at this time?
No.
Any other business entities that you possess an
interest in'?
No.
Your bankruptcy, Patrick, was it f:i.led for
personal reasons or because of the businesses you
were involved in?
Because of the bllsinesses.
And these are the Sportsmarkets, Nice-n-Jo;.Z., Jazz,
which ceased openttions due to financial
losses aM1 the economic conditions ln Houston?
Yes, I wouldn't -- X'll clarify thott by saying
Nice-n-E. z. didn't close bscause of the economic
conditions) it clO(t0d because of Robert Reid's
desire to disassociate himself with the business
because of the incident with Paul llarasim and the
negative publicity we received from the Post.
KOURY: J object to that testimony on
the basis it's not l.'esponsive to any questi.on that
asked.
J join in the objection.
'l'o clarify that, you Clsked me i_f all of those
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builin<>sses closed due to economic conditions. And,
yes, to all of them with the exception of that is
the reuson I that way.
MR. KOURY; Same objecti.on.
(By Ms. l3r01Ynfeldl Patrick --
Excuse me. Then my answer would be no to your
question then.
KOllHY: Same objection.
()3y Br.ownfeld) Mr. Patrick, is it your
testin1ony that Robert Reid explicitly told you he
no longer wanted to be associated with the
Nice-n-!l.Z. Club bBcause of the altercation between
you and !larasim? Is that what you're telling
the jury under oath today?
'J'hilt was part of the reason. 'l'hat one of them.
What was the other part of the reason, Mr. Pat1:ick?
He said because of negativB publicity <llld he {]i{]n't
to be in the nightclub business anymore. Aod
that was the extent of it. He lir;ted the Boom Boom
Jackson incident, the Hal-asim thing, the negati.ve
publicity. !lc didn't want to be associated with it
anymore.
Who was the accountant for. the Nicen-E.Z. Clnb?
A gentleman named Rob Briggs, B-r-i-g-g-s, in
Rosenberg, Texas.
Richer, Barnhart & Probst
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Who is your current family physician, Patrick?
J. don't have one.
ll.ro you currently on any medication?
No.
Who was the last physician you visited?
Dr. Tschudia, probably.
Whon did you last .5ee Dr. Tschudia?
I'm not Stlre. It would have jt1st IJeen a routir1e
visit for a cold or something.
\'IOL1ld it have been in thG last yc.ear?
I don't remember.
Other than Dr. Tschudla, what physicians have you
in the Houst:on ,uea since arriving in to11n?
I thinl; the only other one besides Dr. 'l'schudia
would have been a Dr. Kramer, with a K.
is Dr. Kramel: located?
I'm not Stir any longer. I haven't seen hirn for
five or six years. I knov1 he's moved, so I'm not
sure wJ,ere l1e is.
!'/hat type of physician is Dr. I(ntmer?
Psychiatrist. Psychiatrist or psychologist, J:'w
not sur.e which. r forget.
Was Dr. Kramer a mellical doctor, an t1D?
Yes. so, he was a psychologist.
You don't knoN whore he was located?
1100 MILAM 5UI'r. ''00
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He used to be on Frostwood, but I'm not sure where
he is now.
What's his first name?
Stephen, 1 think.
Why did you first see llr. Kra1oer?
r wasn't feeling
What do you mean by you wercn' t feeling well?
I was tired, fatigued, stressed out.
What manifestations of your tiredness and fatigue
and stress were you exhibiting?
l passed out at work one day from exhaustion .
When did you first see Dr. Kramer for this?
Gee, I don't know.
llack in the early eighties.
I'm not sure wl1en. It's been a long tin1e.
When you first silw Dr. Kramer, did you tell him
thilt you felt like you were under. and
tired and fatigued?
Yes.
What type of examination did he perforn on you?
I don't recalL r. don't think he performed any
examination.
Well, did he t-un any tests, ask you any specific
questions, ask you to rill out any forms?
I don't recall.
Do you recall if: he asked you to look at card.s with
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shapes on them or anything like that?
I recall that didn't hilppen.
Did he prescribe 11ny medication after your J:.irst
visit?
I don't recall.
Did he ultimately prescribe any medication for you?
Yes.
What was prescribed?
I believe its name is Amitriptyline.
Why w e ~ : e you taking Amitriptyline?
'l'o control -- according to him, to cont.rol a
chemical imbalance that l had.
How long did you t<'lk<'o' Amitri.ptyline?
Uow many years?
I'm not sure.
More than five?
I don't think 50.
More than three?
Two to three, somewhere in that
area, J believe.
Did Dr. Kramer ever discuss with you the side
effects of the drug you ~ r e u : taking?
l think we 1nay have talked v.bout this in your last
Richer, 8ornhorl & Probst
1100 MOCAM. SUIT" >M
HOUSTON, l<XAS 77000
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1 deposition. l: think you said he told you that it
2 could give you dry mouth. Is that true?
3 A Yes.
4 Q Did he tell you any of the psychological side
5 ef:fects this drug could have?
6 A I believe there an;1n' t any. l believe that was our
7 discussion.
8 Q Were you on this drug on May 30, 1987'?
9 A No.
10 Q Other than Dr. Kramer and Dr. 'J.'schudia, have you
11 seen any other physicians in the Houston ol!:ea?
12 A I don't believe so.
13 Q ln the lalit 10 yoars have you seen any other
14 physicians at all?
15 I don't think so.
16 Q Have you seen any other health care providers
17 may not have been physicians, i.e., psychologists,
18 social workers, chiropractors, that type of thing?
19 A I d011't: think SO,
70 Q Who is your family dentist?
21 A G<try Williams.
72 Q Where is Mr. Williams located<'
23 A On Highway 6, I have seen him a few times, And an
24 eye doctor, r guess, occasionally.
25 Q Who is your eye doctor'(
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Just TSO.
When the last time you took Amitriptyline or
any antidepressant or anti-anxiety drug?
I don't recall. It's been many years. I'm not
sure of the exact date.
Did Dr. Kramel" or Dr. Tschudia explain to you why
you no longer r1eeded to be on thl.s
No, 11ot really.
Was it your understanding that your imbalance had
l guess so.
Are there certain events today and in the past ti>O
ye<'lrs th<>.t would trigger you to have a chemical
imbalance and therefore require anti-anxiety or
antideprescant drugs?
l don't know.
in the past would certain events trigger
emotional responses in you thereby prompting yoo to
see Dr. !(ramer or Dr. 'J'schudia about your emotional
state?
Jt doesn't wor.k -- hom my underst0nding, it
doesn't operate li!\e that.
so, you're telling us tlwt cert.ain environmental
stimuli_ would not have? an effect on you and would
not cause you to seek treatment or care for your
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emotional state?
MR. NET'l'LES: r object to the
mischaracterization of his t0stimony. I don't
believe he said that.
(By Ms. Brownfeld) You can <Hlswer the question.
I don't understand the question. so, you've
confused tne.
Are you testifying th11t your mood swings or your
emotional changes, your. emotional imbalance arc not
triggered by environmental stimuli.? Xs that your
testimony? That certain --
I'tto not a doctor., so I don't know.
What is your feeling about your own mood changes?
My own feel.ing is no.
m ~ KOUHY: Jcst for the record, BO the
ladie!cl and gentlemen of the jurcy will hear the
testimony in a clean form, I request that the
witness not stctrt to ilnswer the queotion until
counsel. l1as finished the question.
~ ~ I J E WI'PNESS: Sure.
MR. KOUl<Y: 'l'hank you.
(By Ns. Brownfeld) Just so the record is clear.,
Mr. Patrick, other than Dr. Kramer have you seen
any other psychiatrist, psychologist, or ment<tl
health care provider for any reason?
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A I don't think so. I mean, nothing comes to my
mind.
Q Well, is seeing a psychiatrist or psychologist or
mental health care provider sometlling you might
remember? Xs that a fairly significant event for
you?
A Yes, you could say that. I don't recall. You're.
going back ten years. You asked me since I've been
ln Houston.
Q At ten years.
A I don't think so.
Q llav<? you ever b<.een have you ever visited, been
treated at or been as an inpatient or outpaUent Cit
any type of facility fo1: mental health? l: can't
think of one off the top of my head, but do you
know v1hat I'm talking about?
A No.
Q 'l'here are certain centers thnt deal with emotiona.l
problems people might be having or alcohol
treatm0nt or drug treatment.
A Okay.
Q Are you familiar with those type of institutions?
A What tlo you mean by familiar?
Q Do you k11ow what I'm talking about, since I can't
think of one off the top of; my head to give you as
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an example? But maybe I'll be able to think of one
right now. I see one corning to mind.
How about Spring Shadows Glen? Are you
familiar with that type of
J:'m familiar witll Spri11g Shadows Glen.
Have you ever. been in Spdng Shadows Glen?
Yes, uh-huh.
You have?
Uh-huh.
When was that'(
I'm not sure. '84 or '85, something in t:hat period
of time.
type of institution is Spring Shadows Glen?
I'm not sene.
How would you clwrvcterizc it, Nr. Patrick?
MR. Objection. 1 think h
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already answered that question i.n his last
response.
(By Ms. Brownfeld) You can answer. the queBtion.
I'm not sure that you would characterize it any
di.ffetently than any other hospitill-
Is it a )lospital?
I'm not sure. I mean, J 'm not sure what they do.
Does it tend to focus on people with psychiatric
problems or emotional problems?
noo ;u!'o
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I don't know.
Were you there for psychiatric problems?
No.
Were you there for emotional problems?
No.
Why were you there, Mr. Patr.ick?
For rest.
!1011 long were you o.t Spring Shadows Glen llospital?
A couple of weeks, I thi11k. Ten days. I'm not
sure.
Was Dr. Kramer your physici.an while you were there?
Yes.
Did you see any other physicians 01: mental health
care providers when you werQ there?
Staff people that I recall.
What type of treatment did you receive while you
were in Spring Shadows Glen?
None.
What did you do while you were there for two weeks?
Slept, basically, for two ~ 1 e e k s
Did you have any sort of group therapy?
No.
Did you have individual therapy with Dr. Kramer:>
We met a couple of times a week to see how l: ~ 1 a s
doing. l wouldn't charact:erb:e it as therapy.
Richer, Barnhart & Prabsl
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would call it a doctor's Vi!Jit to see how J was
feeling.
How often WOllld you see Dr. Kramer prior to you
being admitted to Spring Shadows Glen hospital?
I don't think prior to being admitted I saw him.
don't thinK X was seeing him then at all.
r. think
X had stopped seeing him.
You stopped seeing him before you V>ere admitted?
Yes, T think so.
But at .50me time prior to that admission you had
seen him on a regular basis. ls that a fair
stntement'?
'/e s.
For how long a period did you see him on a regular.
basis?
l'm not exactly sure. Several months.
How often 1'/0uld you sew him during that several
l'm not sur.e.
Would his records reflect these vi sits?
Uh-huh.
hi.s recor-d.5 reflect the substance of
you-all's discussior1s?
I don't about that.
Have you ever seen his records?
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No.
Other than Spring Shadows Glen, have you ever been
hospitalized for any reason?
Going back how long?
WeJl, let's begin with since you've como to
HOUBtO!l,
Yes.
When have you been hospitali.zed?
Somewhere -- you mean overnight stays?
Okay.
Is that what we're talking about, overnight'r
Yes.
In the early eighties at Memorial City.
F'or what reason were yoll hospitalized?
Same reason. Host, fatigue, exhaustion.
your physician in the 1980
ho spit a 1 i zat ion?
Kramer and Tschudia.
Did you complain in 1984 about the .same things that
prompted your hospitalization in 1900?
Yes.
Was it as a result of your 1980 hospitali.zatJon
that you were fir.st given the Amitriptyline? Ir;
that how we pronounce that?
Yes, I believ0 so.
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Q Is that tho result of that hospitalization?
A I believe so. I believe so.
Q Were you on those drugs in 1984 as well, when you
were hospitalized at Spring Shadows Glen?
A I don't think so. Well. Yes -- I don't. think so.
I don't tl1i11k so.
Q 11ould the hospital from Spring Glen
Memorial help us know which drugs exactly you
were on at those times?
A I can't answer that question.
Q Would you suspGct they would'?
MR. NE'l'TLES: Objection. Calls for
spec\llati.on on the part of the witness. If you
know, yot\ may answer.
1' r don't know.
Q (By Mn. Brownfeld) Does it sound reasonable that
those hospital r.ecords would indicate v1hat drugr;
you were taking at the time?
NE'l''l'LllS: Objection agai.n. Calls for
speculation which he obviously does not know.
Q (By BrO\vnfeld) You can answer the question.
A I don't know.
Q Have you ever. been to any other hospit-als,
not n0cessarily on an overnight basis? Uave you
been seen or admitted in any hospitals, not
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necessarily on an overnight basis?
Rosewood, the night -- I believe that's the night
of the incident with Paul Harasim.
Any others?
I cut my leg prun1ng a bush and I went to the
hospital on 1960. AncJ I broke my wrist. J. went to
Southwest Memorial t.o have that fixed.
How did you break yoLH wrist?
It Wil(> a charitable> jog at Channeol 11. J. stu1nbled.
Were you pushed?
No, I stumbled.
Do you recall some incident whore you punched
in the chest and had to visit either a doctor or
the hospital?
I don't recall.
December 1981?
Gee, I don't recall.
You don't recall some altercation where you 1ver.e
punched in the chest by somebody and had chest pain
and tenderness on the left Hide of your chest?
!!R, Nll'J"l'LES: ObjBction; ask<:d and
answer rod. He obviously just testified he did not
recall it.
NS. Bll.OWNi'Jlf,D: We're just trying to give
him il little more information that migllt h>2lp !lim
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recall the event.
Mll. NE'!"l'l,J'!S: Obviously you're referring
to something.
If you think that would help him --
(By Brownfeld) Do you recall that at all, the
incident wherein you were punched in tlle che!;t by
somebody?
I have no idea what you're referring to or. any
recollection.
Do you recall visiting St. Joseph's Hospital in
approximately 1983 for stomach pain?
I had food poisoning, yes. I do recall it.
Do you recall ilnything else about that
hasp it a 1 i za t i. on?
Have you ever received treatment for alcohol abuse?
No.
llavG you ever received treatment for drug abuse?
Is it your testimony that you not on
Librium or Tofranil or any other sort of drug for
anxiety or depression in Nay of 1987?
I don't believe I was. I would have to C!Jeck
records to be r;ure, but I don't believe I was.
If you told an admitting room physician or nurse
that you on 'J.'ofranil, Librium, or-- I can't
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pronounce this and I know --
llmi_ t r i ptyl inc.
-- Amitriptyline at the time of your admission to
tile emergency room on Nay 30, would that --
'l'hen r might have been. I just don't recal.l
exactly.
But the medical records would surely pr.ovide L\S
with a better insight into drugs you were on
at the time than your recollection will now.
that a fair statement?
SUJ:"e.
\Vhen \</as the last time you saw rn:. l<rumer?
I don't recall.
1WS the last time you received any type of
psychiatric care or treatment?
I guess the last time I Kramer.
that in the last two years"?
I don't recall.
Do you have any id<.ea?
1 rettlly don't.
So, we would need Dr. Kramer's records to know
that.
Yes, uh-huh.
11S. BROWNFELD: r,et' s go off the record
for just a secor1d.
Richer, Bornflort & Probst
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(Short Recess)
MS. BROWNFELD: At this time, Mr..
Patrick, I'm handing yoU( Dttorney a medical
records release authori.zatJ.on that would us
to get the medi.cal records of Dr. Tschudia, Dr-.
Kramer., Spring Shadows Glen Psychiatric Hospital,
and any other of the hospitals or. health care
providers that V1e've discussed or who, in answer to
our into:errogatories, if you see other physicians
and you supplement those, this allows us to get
their records.
Yoor attorney's agreed to return this to
me executed or. file formal objection to execution
of this document sometime between now and July
24th. Is that right?
!1R. NE'l"i'LES: I think the first part of
that is coJ:rect. I do11't believe I agreed to file
formal obj ecti.on. I agreed to lot you know we
wor:en't going to those to you, and then T
assume it would be your duty to go before the Court
and ask for it.
MS. Bll.O\i'NFEI.D: Just for ptnposes of the
record, to the e:.:tent Mr. Patrick has already
testified of the potential informati.on necessary to
thiro lawsuit that could be derived from the
Richer, Bomhorl & Probst
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records, I r;ee no reason why they shouldn't be
tendered. If you'r.e going to refuse to exeC\1te the
release, at least give:> me a basis for your
reasoning so when I fil0 my motion to compel, l can
go before the court with some argument.
Mll.. NETTLES: I don't think can do
that.
M
'
0. But I'm giving this to
your attootcy now. lind l' m sure v1e will have
something back, just. as a matter of courtesy,
between now and the 24th of July.
Okay, Bentley?
HR. NETTLES:
Q (By Ms. Erownfeld) Just so can move on to
i'lllother topic, Patrick, can you think of any
other physicians, other than Dr. TEchudia, Dr.
or any othr hospitals, other. than Spri.ng
Shadowtl Glen, St. Joseph's, Rosewood, and the
dentists and ophthalmologists we've discussed, and
your MemoL-ial City that relat<" to
your medical history?
A l can't think of any.
Q Were you over treilted by psychiatrists or
psychologist.5 prior. to comi.ng to Houston?
Richer, Bomhort & Probsl
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Is there a hif;tory of mental illness in your
family?
Other than the incident of May 30 made the basis of
tl!is lawsuit involved Pil.Ul Harasim and his
wife, have you ever had any other sort of hostile
altercation?
l1H, NH'l"J'LES: Objection to that;
ambiguous.
And the word "hostile" I don't think he
can con-ectly identify without you furtheJ: defining
that for him.
(By Ms. Brownfeldl What does hostile mean to you,
Patrick?
Unfriendly.
Other than the unfriendly incident made the basis
of this which involved Paul Harasim and his
wife, have you had any other hostile altercation,
defining hostile as unfriendly?
Yes.
many woltld that be?
You 11ould have to define that. I Joean, do you --
and I'm asking you a gu<:!stion so I can an!>wer it
properly. If two people shove each other in an
elevator, is that a hostile altercation?
I believe it is, sir.
Barnhart & Probst
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But you believe it is. I may not believe it is, is
the difficult
Okay,
The only thing that to my mind is -- and
asking a question again. Is a hostile altercation
a shO\lting match?
MR. KOURY: The Houston Post objects to
the witnesB asking questions.
(By My is, Patrick:
You've defined hostile as unfriendly, and I want to
know hov1 many hosti.le altercations you've had.
One, defining it. that way.
And when was that?
ln Minnesota.
Wh.-.t year?
Gee, I'm not sure. Somev1here arolmd '82 or '83.
\,'ho was the other party or parties involved in that
hostile
l (lon't know.
You don't recall who was involved?
It was a s\.ranger.
\\'hat were the incidents giving rise to this event?
In a big crowd of reporters someone shoved TIJyself
and my cameraman backwards and I shoved them back
and that the extent of it.
Richor, Bcmhort & Probt
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Wex-e the police called?
Were you hurt?
I don't think so,
Well, if you would yotl remember?
Not necessarily. It was a minor incident.
Was your c<J.meta11Lan hurt?
No, no.
Was the other person involved in this fight hurt?
MR. NETTLE:S: Objection to the
charil.cteri;;;v.t:lon of altercation as necessarily a
fight.
(l3y !1s. BrOI'Illfeld) Do you believe the Boom Boom
Jackson ir1cident was a11 al.tercation or
hostile altercation, using your definition?
No, I don't believe that was hostile.
You beli.eve Boom Boom Jackson pushing you and
yotJ-all ending up on the floor was friendly?
MR. l<OUHY: l object to the form of the
question: i.t assumes facts not in ev.ldence.
(By Ms. Brownfeld) You can go ahead and answer. it.
J.'m conflHH.'d because l thought you two were on the
same side. lie objected to your question, so X
don't understand.
Richac, Bomhort & Probt
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rut. KOURY: I object to the witness
making siclebar remarks and ask the witnes.> just to
answer the question that's posed.
I'w not sure which question was posed.
objected.
(By Ms. Brownfeld) The question was: Do you
consider the pushing between you and Boom Boom
Jackson that resulted in you and Boom Boom
Jackson I think you testified last time -- on
the ground a friendly incident?
I conrdder that an assault by Boom Boom Jackson on
me.
Won> that hostile, sit?
I consider an assault different from hostile or
unfriendly.
How many assualts have you been involved i.n in your
1 ife?
Ju10t those two, those two being Boom Boom Jackson
OliHl Paul Harasim.
Wae the Minnesota event an assault, in your ndnd?
No, that was an unfriendly shoving match.
Other than the Boom Boom Jackson incident, the
incident, and the Paul Harasi.m incident,
it'.s your testimony, sir, that you've never been
involved in a hostile altercati.on, hostile defined
Richer, liamhart & Probot
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by you as unfriendly, or in a situation that you
perceive to be an assault? Is that your- testimony'?
'J'hat's a very tough question to answer. I really
have no answer for that question.
~ m . KOURY:
l: object to tl1e wit11ess r1ot
answering the question.
(By Ms. Brownfeld) Mr. Patrick, maybe my question
is not clear to you. And X 'm just trying to get
inforn,ation from you regarding incidents of a
hostile, violent, assualtive, unfriendly nature.
And if you can think of only three, and if that's
yollt: answer, that's fine. But I think you know
what I'm asking. I'm trying to get information for
the jury regarding what other types of incidents
lik0 this, or if not similar to the one made the
basir; of this lawsuit, at least along those kind of
line:;, you've been involved in.
~ \ R . Nll'l'TLES: Object to the vagueness and
ambi.gu.ity of the question an{1 its apparent
cornpoundneos. ll.nd I ask that it be clarified iJO my
witness can answer. it.
(J3y ~ s . Brownfeld) Hr. Patrick, do you understand
my question?
I honestly don't.
Who is Paul McGuy?
Richer, Bomfmrt & Pmhst
1100 MILAM, SUITC 4200
"OUSTON TEXA5 77002
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I don't know.
Have you ever had any altercation with Ed Fowler?
\'I ell, we work togtther and we shout at each other
occasionally, but I don't consider that an
altercation.
Do you remember any fight you've had with Ed Fowler
in tlle pa!lt that had police involvement?
No,
Have you ever had any altercation with Pete Roets,
R-o-e-t-s?
I have no idc.a who that is,
Have you ever had any hostility, assault, or
unfriendly exchange with any individuals ftom
Channel 2 th<Lt may have been visiting one of your
clubs?
Yes. I recall that. I had forgotta11 about that.
I was attacked by a drunken Channel 2 employee, and
it took several members of the crowd to get t ~ o
guys off of my back.
Did you do anything to provoke that incident, Mr.
Pa\:ri.ck?
llbsolutely not.
Would you conElider that an altercation?
No. 'l'hat W<lEl a drunk who got out of hand.
Would you consider that an ar;sault?
Richer, Bmnhort & Probst
'<00 MI'-A"'. SWI<" 4 20c-
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No. Oh, would I consider that an assault? l\. minor
one.
so, it would be an assault that you fail<:ed to tell
us about in answer to an earlier question?
I had forgotten about it.
Do you need a minute to think of other possible
assaults, drunken exchanges, altercatons, or other
hostile exchanges you may have had, Mr. Patrick?
l'w trying to get a clear record heu,, and
obviously you may not be remembering evel-ything.
so, this is the question I'm asking; and if you
need a minute to formulate your ansv1er, I'll be
happy to take that.
No, I don't need tbat minute to my
answer. '.lour question is very broad. I had
forgotten about that. You knoto, in my clubs and
bars over- the years there have besn people who
we've hud to ask to leave.
I don't cotJsidet tltat a
hostile altercation or argument or. assault.
don't remember all of those instances or all of
those people. You know, we dealt in a hundred
thousand customers over the years, so 1 don't
remember..
Did you ever get into fights with _your. customers,
!lr. Patrick?
Richer, 1\omhart & Probst
1100 MOCAM, SUI'r" <>OO
>OOUSTON, THAS "1700>

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I think one time.
What were the facts sur(ounding
It was just a drunk had taken a swing at somebody,
l think.
What involvement did you have in that?
I stepped in the middle so that nobody would get
hurt..
Were you struck?
I think J: was.
Did you hit the other person?
1 think 1 did.
Have you ever. been involved with a fight with a
former ernploye0 who may used an obscE.'ne word
to your mother?
Yes.
What the facts surrounding that event?
He told my mothC>r to go fuck herself, and I
forcibly removed him from the refltaurant. He was
drunk.
What did your forcible removill entail?
Knocked him down, picked him up, grabbed him,
cnlJ.ed the police. He won; arrested.
Do you think that the llse of profanity in front of
someone' s mother or. wife has got the effect to
provoke someone into action?
"00 MILAM. 4200
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personal code of honor and morals is that if
someone told my mothet to go fuck herself -- or my
wife or my girlfr.iend or if they said it to you, if
we were in the room, yes, I would defend yOllr
honor.
What was the name of that employee, please?
l don't remember.
Do you have records -- which Sportsmarkot this?
Was this --
Uan & Nick's Sportsmarket.
Whicll one?
The one on Rice BoulevaJ:d.
Do you have a<.:cess to those records or the records
from Dan & Nick's on Hice that might Jist this
employee's name?
Not any longer because that was over [Otlr ot five
yeaJ:Cs ago.
Do you own a gun, Mr. Patrick?
Yes.
What type of gun do you own?
I have a .38 caliber piGtol and a shotgun.
Why did you purchase those
No reason on the pistol, ju.?t had it.
1\nd the shotgun w;n: purchased at the advice of the
police department.
I had thr.cats against my life.
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Q When were those threats made?
A Sometime, I think, around '84, '83.
Q Do you recall what prompted those thr.f:'ats?
A We used to have n lot of nuts who used to call th4
'l'V station on occa[;ion, either trying to get a date
with Amanda Arnold, or s h o ~ up with Doberman
Pinschers after the newscast, or. bomb threats, or
those kind of things. And we had some death
thteats from some unknown caller and -- serious
enough that we thought the -- that I had police
protection for 72 hours.
And the police told me, quite frankly,
that: they can't watch every move; and they advised
me to buy what they call an equalizer to carr.y in
my automobile.
Q Do you H)call any specific story that you may have
been involved in that prompted these death threats
ln this specific i_nstunce?
It involved a story that we did on Michael JackSOil.
You know, that's 1vhat it centered on. 1'he person
was upset about things r. said about t-tichael
Jackson.
Q What did you say about Niclwel Jackson that upset
this per.flon?
A I don't even recall.
Richer, Barnhart & Prabt
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don't recall?
ls it a true statement, Mr. Patrick, that ChannGl
11 management forced or required you to go on
television and make a public apology regarding the
statements you made?
No.
Did you make a public apology regarding your
statements dealing with Michael Jackson?
I tried to soften the story withollt apologizing.
To try to clilrify that, you know -- and that was
mainly to try to get -- hopefully to diffuse the
situation.
lt's your testimony then, Mt-. Patrick, that the
Channel 11 management did not criticize your
commonts with regard to !1ichael Jackson in that
story?
As a matter of fact, that next day after the story
wa<; done, X went to management an(l suggested that I
go on the air and soften tho story ot- ot-fer. some
di.luted apology just so no one got the wrong
message. And I was told not to do that.
ll'ho told you not to do that?
Tom Kenny.
Anyone e.l se?
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No. I!e was general m<1nager. Then the next day we
both reconsidered and said: 'ieah, let's go on and
do something.
was anyone else present in this conversation --
during this conversation, besi_des you and Mt-.
Kenny?
l don't thi.nk so.
Di(l anyone other than Nr. Kenny offer you a comment
of: any kind, pro or- con, regarding your <.oomments
about Michael Jackson?
I don't recall.
Prior to seeing Mr. Harasim in the Nicen-E.7,. Cl11b
on 30, 1987, had you called him about the Uoon1
Boom Jackson story?
I don't thi11k so.
Did you reild your prior deposition testimony before
co1ning to give tbis portion of your deposition, Nr.
Patrick?
No, I did not.
Did you do anything else to get ready for today's
deposition?
No, I di.cl not.
was tlw last time you met with your attorneys?
I believe the last deposition.
t4R. NE'l"'l'Ll>S: Yes.
Ridoer, llornhar! & Probt
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(By Br.ownfcld) Have yoll spoken with them s.Lnce
then?
No, r don't think so.
You don't think so, or yotlr answer is no?
1 don't recall.
And my que(ltion incorporated telephone
conversations as well as face-to-fe.ce meetings.
You unden;tood that?
I think we have talked on the phone about setting
up today. But, no, we have not had a session whcre
we reviewed tcstin10ny ot- talked about today.
Or your last deposition?
Or my last deposition.
Or anyth1ng else rel.evnnt to the lawsuit"?
Or anything else relevant to the lawsuit.
Is i.t a fair stat0ment, Mr. Patrick, that many
people in the public disliked your style of
presenting the sports?
'l'hat's a totally inaccurate statement.
Is it a fair. statement to say that there were
people in the public disli.ked your style of
present:ing the sports?
0h
1
of COU(Se.
Is it true that you were voted the least favor.ite
sports caster at one point?
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There was a poll conducted by the POBt, I believe,
that had that result. 'l'hey voted the most
favorite, least favorite.
Oth<en than the one incident over the Michael
Jackson story, have you received fan mail?
Other than the Michael Jackson incident, have therE>
been threats of violence madt.e against you?
No, I don't think so.
!lave you evr,r relied on hearsay to formulate the
basis of a sports story or sport& editorial?
NR. NE'l"l'LES: Object ion. I think it
ca.lls for a legal conclusion. If you're referring
to hearsay in the legal sense, I don't think he's
qualified to answer that question.
(By Brownfeld) Did you l.lnderstand my question?
No.
Do you kno11 what the "hearsny" means on a
purely lay basis?
Did you ever rely on hearsay to formulate the ba,sis
for a newscast or. editorial comment you've made?
No.
HavE> you ever aslled questions int:ended to provoke a
r.ef;ponse from r;omeone j_n order to get an interview?
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ll No.
Q Have you ever hidden a cameraman or a camera out of
the range of view of the person you intended to
interview hoping to get them on film when they were
not expecting it?
A I never -- sometimes a can1<cra was at a distance;
but it was never. hidden,
Q so, if one of your cameramen testified that that
was something you had done, you deny thD.t?
l'l 'l'o my knowledge.
Q \Vell, to your knowledge, Mr.. Patdck, do you recall
now or. would you deny it if one of your cameramen
had said this was something you had done before?
A To my knowledge now, I hve never done that.
cameraman said I did, he would have to jostle my
memory and I would have to rCfllember that specific
incident. And X probably would debate him on the
issue because that' f.' not a style I would have.
Q Would you consi.deJ:" yourself -- well., strike that.
Do you believe you vere on Channel
11 because of your controversial style?
A NO.
Q Do you believe that your controversial style of
sports casting and the antics that you became
involved in were good for ratings?
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Well, J don't call it controv0rsial.
I call it
kind of flamboyant style.
You've never. caLled your style of broadcasting
controversial?
Yes. 1 mean, there are certain things you do that
are controversial; but I wouldn't call the overall
style controversiaL Rather, flamboyant and
entertaining.
Isn't it a fact that part of your job was to do
things that would get people to wotch the news, get
people to watch Channel 11 's newr;?
It's part of everybody's job. That's the job
description of evelyone who works on television.
And ,;mne of the things yol1 would do were

Yefl,
lind the more you can get yollrself talked about, the
mor.e popular you could become and, therGfore, thG
more people t"oulCi tune in Co watch Whilt yoo tHere
going Co do next?
I 'rn not Ure all that me<Jns.
It's a question, sir. Isn't it true that the more
flamboyant you acted and the more publicity you
got:, the more peopl0 would watch to see ,q)lat you
would do next.'?
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!1R. I'm going to object becal1SG
it's a compound quasti.on. Clearly it is trying to
(]raw an analogy beh1een two separate things.
(By Ms. Hrownfeld) You can answ<:'r the question.
'Ehe question doesn't maKe any sense to me.
BH0\1Nl'ELD: Could you read it b<Jck to
him, please?
Listen carefully,
NE'J"l'LES: Object to the sidebar
comment from counsel.
!!S. BROIVNl'l;!r,J): rt was not a sidebar
comment.
('rhe pending question was read)
I don't know.
(By Ms. Brownfeldl Is that your opinion?
Is what my opinion'?
'l'hat the more flamboyant you wero, the more
controversial you were. the more publicity you got,
tho more people would watch you?
I don't really have an opinion on it. 'l'o get
peopll" to wat-ch, you have to do an all-around good
job and do a lot of things, charitable works
to speeches to comment<JL-i.es to good scor0s to good
Didn't you believe that the thing that set you
Ri<har, Barnhart & Probst
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apart from other newcasters was your controversial
style?
NO.
i'Oll never said that?
I don't know that l ever said. I was the only one
who would do commentaries. But what set me apart
~ ~ a s I witS better than the other sportscasters.
Mr. Patrick, I'm going to object to that as
nonresponsive. Listen closoly to my question.
1 am.
Did you ever bel ievl? that H was your controversial
styl<"' that set you ape;rt from the other rwwcasters?
No.
Was it your understanding that one of the reasons
you were hired at Channel ll was because of your
controversial style to make you different from
other newcasters?
No.
Didn't you actually consider it a compliment that
your. controversial style was acknovrledged and
commented upon by ot11ers because it made you more
in the public eye and more people would watch you?
I always considered it a compliment if people
til.lked about ~ 1 h a t you were doing.
You considered yourself a public fi.gllre during the
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time you were on TV, didn't yoll, sir?
Yes.
Do you still consider yourself a publi.c figlHe?
You have a radi.o tulk show, don't you?
Well, I do now. But I wasn't after I left
television.
Do you consider that you were working at Dan
& Nick'.s Sportsmarkets and while you owned
interests in these clubs it was necessary to gt
customers into your club f:or you to make money?
it necessary no get customers to make money?
Yes
Sure. And the publicity is one way to get
cuBtomers.
Yes. But I a public person at that time.
'l'he Diln in the Dan & Nick's Bpor-tsmarket stood for
Dan Patrickt is that true?
Uh-huh.
D.i.d you use your public status, your public persona
!ltatus as a sportscaster to help you in m<Hketing
the Dan & Nick's Spor.tsmat:ket clubs?
MR. I'm going to object as to
th0 public poonsona t<.?J:m us0d in gu0stion, in
the sense that you're trying to establish any legal
0 000 "200
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1 reference to him knowing that he was acting as a
2 public person under the eyes of the law for the
3 defo1mation part of this lawsuit.
'
Q (By Ms. Brownfeld) Nr. Patrick, my question is--
1
5 and I'll even go back j'1st so the 1:ecord v1ill be
6 cleetr now. You've admitted that during the time
7 you were working for Channel 11 that you were a
8 public figure. Is that true?
9
10 Q When you opened up Dan & Nick's Sportsmar.kets and
11 the oth0r clubs that yotl VI(He involved in, did you
12 use your status as a public figure when you were
13 working with Channel 11 to help promote those
I' clubs?
15 A No.
16 Q So, the fact that you had been on Channel 11, the
17 contacts yot1 had made in your. public status tvns in
10 no way employed by you in your club ownership. Is
19 that your testimony, sir?
28 A You asked me if I used my ChMlllGl 11 persona to
21 promote the busi.ne.sr;, No.
22 Q l'erhapr; you don't understand my question. And I
23 k n o ~ you were an r,!nglish major, r;ir, and I was not.
24 So, obviourJly you're reading things into my
25 question or failing to under.stand th.i_ngs that I
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think are pretty clear. question is
BH. NETTLES: I object to all of what
counsel's just last said as a sidebiH' comment.
(By Hs. Brownfeld) Did you llS0 your status as a
public figure and the recognition you received
while you were a public fi.gure on Channel 11 in
your businesses, the Sportsmarkets, Nice-n-E.Z.,
those clubs that you subsequently opened?
MR. NE'l''l'l . gs: I'm going to object to
counsel badgering the toitness, as this witness has
testified that he did not. Merely
repeating the same question in a different form.
(By M.S. BrOVInfelct) Do you understand my question?
Are we both talking about the same thing, sir?
r no again.
Prior to aay 30, 1987, had you discussed Paul
column with anybody 11t any time with
regard to any issue?
By "his column," you mean his column in general, or
do you mean '" column"?
His column in general or any specific column.
Yes.
With whom did you discuss Hanwim's column?
X don't know. I mean, you asked me honestly if
I've discussed it. Yes, I discussed it with
Richer, Bamhmt & Probst
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people; but I don't recall.
How frequently would you discuss his column?
I don't know.
Do you recall the gist of these conversations?
X know that X was unhappy when he wrote things that
were untrue or not favorable. so, I discussed that
with probably friends or employees. But I don't
recall often or to whom.
Is it a fair stc;tement to say that you complai.ned
about him often?
No.
What were the responses you would receive upon your
complaining or commenting on Ilar.ar>im's column?
I don't recall.
Did anybody say anything about him or his
column?
I don't recall.
Is that something you might recall?
J always hate those question<l. 'J'hey' re tough. J
don't recall that I might recall that, no.
I guess what I'm trying to get at, Mr. Patrick
and r'm not intending to confusE> you-- is some of
my questions touch on things that may or may not be
significant, and yoll 1>11y you don't r.ecall them.
lind J.'m trying to what kind of place they might
Richer, Bornhort & f>robt
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have in your J.ifll a[; being significant.
It wouldn't be si.gnificant, someone else's comment
back to me about something I say.
Do you recall any conversations \l'h<:.re anyone other
tilan you complained about Mr. !larasim, his writing
style, or the comments put in his column?
'l'here WE're a lot of people ! talked to that didn't
think the columns 1vere very good. But, you know,
just general conversation.
What do you mean by "very good"?
They felt. they were poor journalism, muckraking,
stupid, silly,
Who were those people?
Again, J don't recall any specific individuals, but
I know in conveuwtion.
Over what period of time did these conversations
occur?
Whenever they occurred.
You don't recall?
Other than the incidents we've discussed, Mr.
Patr.i.ck, is .i.t your testimony hEJre today that you
don't recall being involved in any other hostile
exclwnges other than what we've talkec1 about?
Again, we never really got a clear definition of:
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hostile except being unfriendly, whether it vws
physical contact, just shouting, yelling. I don't
recall anything else Uwt you seem to be tryi.ng to
refer to as a hostile altcrci:ltion.
Q I'm trying to give you the broadest range of
option!> for that definition, sir.
A It's very hard to give you a definitive answer when
you use such a sciltter-gun approach to a subject.
Q Well, as I said before, I'm just trying to get
infornwtion for the jury about situations that you
feel rise to the level of a hostile altel_-ci>.tion.
And obviously if you've given them all to me, then
J:'ll. take your word, sir.
A Yes.
Q Do you consider. yourself a violent person?
A No.
Q Do you consider yourself easily riled?
A NO,
Q Do you consider yourself to be calm, cool, and
collected in most circumstunces?
A Yes.
Q Do you belioove you're perceived to be a violent
person, sir?
ll 1 don't know how others percei.ve me.
Q Do you believe you're perceived to be easily riled?
Ritf>er, Bomhor! & Probs!
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I don't know how others perceive me.
Do you believe you'n: perceived to bB cool, calm,
and collected in most situations?
I don't know how others p!.?rceive me.
Do you believe or do yol\ recall having any
violent -- not violent.
J 'rn sorry. Strike that.
Do you recall having any hostile
exchanges your business partners or business
associates at board meetings or other meetings
involving your business interests?
You have yolu typic<ll yelling at
stockholders' meetings, once a stockholder got
very angry and threatened to punched me in the
no roe, Outside of tbot, J: don't think so,
Do you consider that a hostile exchange?
No, it wa::n't.. an exchange.
Do you that an unfri,.,ndly situation'?
lt was at the molnent. And the fact that I was ver:y
cool, calm, and collected diffused the situation.
Have you ever. had the feeling that you were out of
control, sir':'
J:n what respect?
onable to make appropriate decisions for yourself.
Oh, l think the times that I "-'ent to the hospital
for r.est, for. some R&J<, l pr;obab.ly felt X was too
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tired and exhausted at those points probably.
Are those the only two t:J.mes, sir?
1'he only two th<>.t come to mind.
Again, there could be others and just not
remember.ing them now?
No.
Could there have been others that you just don't
remember, !H. P.atrick?
l don't know. r mean no, and I don't remember.
don't know how to answer that question.
In your first amended original pGtition on file
with the Court you make a number of accusations
against Paul llarasim. And I would like to talk il
little bit about those accusations, okay?
Okay.
Just to let you know whe1:e we're going.
Okay.
In Paragraph v of your petition you claim that !lr.
!larasim' 6 attack caused you serious bodily injury
consisting of a facial laceration and numerous
bruises.
Did the facial laceration c.:lear up, sir?
r probably !>ti.ll have a scar under my eyebrow.
Did the bruises clear up?
Yes.
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Did you have any other physical problems as a
result of the incident of Hay 30?
I had -- r couldn't see out of one eye for a period
of ti.me. Blurred vision. I had pretty severe
headnches for about tht-ee t,Hoeks afterwards.
flow long couldn't you see out of your right eye?
seveJ:al weeks. Very blurred vision.
Do you recall being given a vision test when you
went to the emergency room?
I don't recall.
Could you not see 01t all, or vws it blllrrcd vision?
It was just blurred.
was that even with your g l e ~ s s e s on?
Aro we talking about ~ t that moment or <>fterwotL-ds?
Subsequent to the incident.
Yes, even with my glasses on.
Other than the blurred vision, did you have any
other physic"-1 problems, and the headaches?
!ly filce just hln:t.
Anything else?
!-ly leg was sore for a while whece he kicked me.
Did you have a bruise t:here?
Yes.
!low long did t:he bruise last?
I don't know.
A couple of weeks, I 1wuld guess.
1100 MH.AM. suor. 4?M
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Any other physical problems you're complaining of,
sir?
I was in a lot of pain, yes. That sums i.t up.
Did you take any narcotics for that?
I don't recall.
J:n paragraph -- v1ell, let me go back.
Did you go to the emergency room
immediately after thif incident, ~ 1 r l.'atr.ick?
At)out three hours, three and a half hours later, I
think.
You stayed until the bar closed, didn't you?
Yes.
You didn't go home and change your. clothes or do
anything like that, did you?
No.
You drove yourself to the emergency room. Is that
true?
Yes.
You were able to give the emergency room technician
a lucid report of what ha<l happened. Is that true?
Yes.
You didn't. lose consciousness at any tim<:>, clid you?
NO.
lind, i.n fact, you wero ablo to enjoy a champagne
celelntion with some friends of yours ~ 1 h 0 had come
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in after they had just been married. Is that also
true?
A That:' s not true.
Q Is it not true you shared a glass of champagne with
two of your friends who had visited the club and
were celebrating their marriage?
A Yes.
J: had either a half glass or a glass of
or. a sip of their champagne. I cannot
exactly recall.
Q But you did join J.n, ln their celebration after
incident?
A No, J didn't join in their celebration.
Q Did you stop by and talk to them, sit?
A I think they visited me in the office.
Q Did you spend the rest of the night in the office?
A J: think most of the night. 1 think so.
Q Who did you from the office?
11 \Vho did I call?
Q Yes.
A I don't thinl: l called anyo11e.
Q did you talk to while you were back there,
other than this couple? What was their JWIUes"?
A Gina and Charles.
Q Do you nocall their laut name?
A I it, bllt I jllst can't think of it right now.
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There were various people that came back
and tried to patch me up or stop the bleeding.
Who were those individuals?
There were people at the club, concerned people,
ilnd my wife.
Do you reca.ll their names?
No. 'fhey were stu1ngers.
You don't r0call the names of any of those people?
No, they were just strangers. Again, my wife
primarily took care of me. l don't recall the
other people.
l was not <tt tl1at point unconscious
but pretty stunned. l had a pretty severe shock,
so my recollection is not very good.
You can't give us the name of one person, other
than your wife, who came hack and saw you in the
office tl1at nigl1t. Is that your testimony?
Yes, I l'Cillly C<lll't.
Did you talk to Hobert Reid?
!\.gain, very cloudy that evening, because I was hurt
pretty badly and pretty stunned. And I really
don't -- I don't recall much aftE>r thE> incident.
So, is your answer yes or no?
I1Y answer is: I don't recall.
In l?ar.ugraph 8 of your petition you say that Mr.
Harasim made several oral statements to certain
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individuals. And you only list Martin St<S>bbins as
the individual that Uarasim allegedly talked
to. And you say that Mr. llDrasim said tlwt you
stepped on his wife's feet and intentionally bent
her fingers back.
In your slander claim are those the only statements
that you <He relying on?
I would have to see what you're reading from,
because out of context it doesn't make any sense to
rn e
J:,et' s hold on one r;econd.
r. go to t!Hl men's room?
sure. Let's take a break.
(Short He cess).
(Patrick Exhibit No. 2 marked for
identification)
(By Ms. Br.ownfelOJ Mr:. Patrick, we have markecl as
your Depo[;ition Exhibit No. 2 a copy of your first
a111ended ori_ginal pGtition which is on file with the
Court. I was referring to Paragraph 8 which is
located on Page 3.
Yes.
In Paragraph 8 it says, and stop JM' if I'm
misreading it in any way:
Harisim, has
111ade several oral statements to cDrtain
Ricfler, Bomflort & Probs!
1100 tMLAM, SU<YC 4200
HOUSTON. TLXAS 77002
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individuals. specifically, Defendant,
Harasim, made several statements to certain
individuals including, but not limited to, Martin
Stebbins. 'fhe substance of these statements was
that Patrick had stepped on the f"'et of llarasim's
wife and intentionally bent her fingrns back.
Is that what that says?
Yes, ma'am.
What individuals other than Stebbins are you
contending Paul llarasim talked to?
J: don't the specific names of those
people; but he went on the radio in a radio
interview and told that story. And that was on
KPll.C. lind there were probably 20,000 people
listening -- according to their ratings -- at any
one particular moment. And it was probably nm
three or U.noes Uwt duy. So, there's about
80,000 people whose names l don't who heard
it.
I know that he told other employees of
the Hou<>ton Post .Jay Franks, Ray Buck, Ken
Hoffman. J know he told his employer.s that,
How do you know who he told?
\/ell, they have recanted -- they have said to me at
various t:lmes.
Richer, llornhorl & Probst
0000 MOLAM. SU11'C 4,_()0
KOUSTON. TEXAS 77002
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Who have you had convers<ltions with, Patrick,
about the statemcmts that --
He has told --
Can I finiflh my question, please?
Sure.
-- that Harasim allegedly made?
I've talked with Ken Hoffman. I've talked with Jay
Franks. I've talked with Bennet And r
would suppose that he has told all the attorneys at
the variotw law firms this story, this lie. So, I
don't know all the names of the people at the law
firw. But that was the lie that he's been
spreading .since it happened.
When did you first talk to Ken Hoffman about
conversations that you're contending Paul Harasim
had with Mr. !loffrnan about this incident?
I don't recall. lind I can't honestly say that it
a conver.s<ttion in which !(en Hoffman
specifically said, "J?aul told me this." But, you
know, when I've talked to people at the Post, you
it has been: Well., you stepped on hJ.B wife's
fingers and stepped on llis hand. And that's what
I've hear.d from llarasiw. So
When did you first hilve a specific conversiltion
with Jay l''ranks about the incident?
1100 Mll.AM, C 4200
HOUSTON. TEXAS 7700"
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r don't know. we talk often. So, I don't know.
Well, did you have a specific conversation with Mr.
Franks about this incident and what you're
contending Mr. Harasim said or didn't say?
r don't recall.
What about Bennet l'ischer? What was your first
conversation with him?
l don't recall.
Anybody else other than Ken Hoffman, Jay l"ranks,
and Bennet l'ischer that you believe you may have
had conversations with, but you don't really recall
much about or that you recall anything about?
Objection to the
mischaracterization of my client's testimony.
MS. BROWNf'EJ,D: Well, Bentley, your
client's got terribly selective recall about what
he remembers <nd doesn't, and apparently when
pressed seems to not recall anything. And X'm just
curiouE, to help me in discovery in this cas<', to
talk to these people who h<:2 talked to.
MR. NE'l'T!,ES: 1 object to the
NS. BROWNFELD: And l:'m trying to get
names.
NE'l'TLES: as to the sidebar
comment of counsel and ask it be stricken from the
Richer, Bomhorr & Probst
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TC.AS 77002
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record.
(By 14s. Brownfeld) You know, l'atrick, can you
help give llS some names of people so that we
talk to them?
Again, r said that I don't know specific nam0s of
people.
Marty Stebbins is the one specific
incident that I know of. And then -- everyone else
in the world knows this story. And Paul l-lDrilsim,
agal.n, went on the radio 11nd said the story. So, I
don't know if Jay l'ranks heard Paul Harasim on the
radio. I don't know if 1\en Hoffman heard it in the
coffee shop or on the radio. I can't 1lnswer that.
I don't know where they heard it.
Are the a.llegotions that form the basis of your
slander complaint revolving around the statements
that you had stepped on !'ors. Harasim' s feet and
i.ntentionly bent her fingers back? I mean, that's
what your. petition says and that's hat you're
sayi.ng is llntrue.
Yes, thilt's totally untru0.
Those are the statements that you're basing your
complaint on?
I believe so.
rs this same story that you contend was a lie the
:otory that Pilnl Uarasim told at trial of the
Richar, Bomhort & Probst
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HOUS10N.1CXAS 7?G02
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criminal case?
Yes; he prejured himself and told that lie on the
stand.
MS. BROWNFELD: I'm objecting as
nonresponsive.
'rhat was a yes-no (JI.lestion, Patrick. J's this
the same story that Paul Harasim told during the
crirnim>l trial?
MR. NE'l'TLES: Object; asked and answered.
BROWNFBJ,)): Let him it yes or
no, Bentley.
(By Ns. Brownfeld) \'Ius it the same story that
Harasim t:old during the crl.minal trial?
NE'l"J:'I.gS: I'1u going to object to your
sidebar comments. ll.nd if my client wishes to
clarify an answer, he is within his right to do so.
(By Ms. Brownfeld) J,et's go !Jack, Mr. Patrick.
guestion to you is, and it's" yes-no answer: The
story thut you're basing your slander claim on is
the ::;arne ::;tory that Paul J-larasirn told to the judge
doting his crirnl_Jlal trial_, is11't it?
!le repeated the lie on the witne.ss stand, yes.
You t:old your story on the witness stand during
that trial, didn't you, !1r. Patrick?
Yes1 I told tl1e truth.
HOUOTON, TOXAS ?700>
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And the judge believed Mr. !larasim. And
Harasim was acquitted of all charges, wasn't he?
I have no on that.
Was he acquitted of all charges, Mr. Patrick; or
have you forgotten that as well?
MR. Objection to the sidebar
comment made in the last question.
J)o you want to repeat --
(By Ms. Was he acquitted of all the
cr.iminal charges brought against him, 11r, Patrick?
I11 the circus that had tiD jury, yes, he was
acquitted.
BROWNFTll,D: I object to the comment
on our legal system as a Circus. I personally take
offense at that comment, Mr. Patrick,
MR. KOURY: The J-lOtlBton Post. lodges thie
objection: Mr. Goeb, as you were at the
criminal trial, you are to the g:u.,stions
that ar0 posed to you. Your counsel has the
opportunity to ask you questions at a latti'r time or
today. And we' 11 be happy to afford that to him.
!Jut we object to your editorializing on the
question. As the cri.minal judge repeatedly
<.H:llnonished you at trial, you ar'<' to ;1nswer the
questions.
MCAM. >lm"< 4200
>10USTON HXAS 77002
7"/00o-aMo
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1
MR. NE'l''l'l.,ES: I'm going to object to that
2 as being instructions to the witness. Clearly
3 opposing counsel is not authorized to give
4 instructions to my client. If he wishes to put an
5 objection on the record, that is within his right.
G HR. KOURY: 'l'hat is what I lOcl<;Jed. I'm
7 sorry, Bentley, if it wasn't apparent. We object.
8 And if it doesn't stop, we may close the deposition
5 down and seek sanctions.
10 11R. NE'f'L'l,/lS: That's fine.
11
MR. !\OUHY: Mr. Goeb is well schooled in
12 how to answsr the questions.
13 MR. Nli"J"l'LES: Object to the sidebar
]4 comment of !lr. Koury.
15 Q {By Brownf:eld) On Page 4 of your first amended
16 originill petiti.on which you hav<? before you, Nr.
17
Patrick, in Paragraph 10 you contend that several
10 customers approached you and expr.,;,ssGd their
19 di.ssatisfaction as to tl1e alleged actions you took.
20 Who were ther>B cuEJtomers?
21
A I can't give you their specific names.
22 Q What did they tell you?
5
"
A 'l'hey wondered why I st'pped on !larasim' s s
24
foot and twisted her arm and I would do that.
25
'l'hey didn't think it was in my character. And why
RieMer, Bomhc>1i & Probt
1100 M<LAM, UIT 4>00
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I decided to pick on women.
They gave me a hard
l:ime on it. It was very embarrassing.
Did you tell them why you did those things, sir?
Well, 1 never did those things.
Did you tell them that, sir?
Yes.
How did thy react once you told them you didn't do
those things?
'l'hey said: l'lell, it sounded kind of strange
because it's not my
They didn't turn on you, did
No one got angry when ! answered that question.
How many people approached you, according to you,
expressing thGir dir<satisfaction with yOl1r actions?
An awful lot of people brought it up.
What constitutes an awful lot, sir?
50' 60.
You don't know the name of one of them?
No, no. Just customers. r mean, l know them fir!lt
nai\WS1 but-- you know, r mean, Rill or Jerry or
Hob. I mean customers. l3ut 1 don't k11ow their
first an(l l<Jst names in most cases.
Give me the first names of aome of them.
I could pull names out of the air. I don't know
specific names. l'm jllst saying that most of thelU
Ricfoer, 8amhart & Probl
1100 MILAM, OUITE 4200
HOUSTON. TEXAS 7'1QQ>

69
1 are customers that come into our store or came into
2 our restaurant.
3 Q When you W<HC a newcaster on Channel 11, did people
ever come up to you and comment about newscasts or
5 some of your more flam!)oyant <1ctivities?
6 A Sure.
7 Q Is this the same level of comment -- the same way
'
you might get a negati.ve comment about a flamboyant
9 activity when you were on Channel 11?
10 A No. This was very hun,il.iating anO embarassing.
11 Q As opposed to the other comments you received from
12 people?
13 A Most of the comments l received from peoplce when I
11as on Channel 11 was positive.
15 Q You don't remember the name of onr; of these people?
16 rbey just acquiantances who you really
17 couldn't give me a last name or oven a first name.
18 Is that right?
19
,,
At this minute I can't speci.fically thinl: of n
20 person.
21 Q Well, do you need a minute to about it, Mr.

23 A
l. don't when it could pop back into my mind.
24 Q \/hen they do pop into your mind, is this
something that you agree to contact your
Richer, Bamhort & Probst
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attorney with, information that would relate to
this?
I don't know.
MS. BROWNFELD: Well., we have an
interrogatory out asking this exact same question.
l\s you know you're under a duty to suppl0memt.
in the event this information pops into your
client's mind and he let's you know, would you
supplement our interrogatories?
MR. NE1"l'LES: I'm sure Ne'll agree to
comply with the Texas Rules of Civil Procedure.
(By Ms. Brownfeld) J:n Paragraph 11 on Page 4, you
contend that Mr. !larasim made the about
stepping on his wife's foot and bending her. fingers
back with the intent: eo injtlr.e your reputation.
How do yoo this was his intention?
Well, my only as:oumption can be thut yoo make op
'
lie J.i. ke that t:o make the other
'"'
look like he's
guilty. And if you make someone else look like
they're guilty, you injure tl1eir reputation.
Did you ev0r talk to Mr. Har.asim about this?
When?
At any time subsequent to the incident, to g0t his
intention in making tlwse stute11H>nts.
l don't think I've ever had a conversation with
Richer, Bomhmt & Probt
HOO MILAM. SUtl 4200
HOUSTON, TEXAS 170UZ
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Ilar.asirn since he made those -- made up the lie.
BROWNFELD: I'm going to ask you,
Bentley, since I'm not going to instruct your
client on how to answer my questions, to refrain
from calling these statements "lies." As was
evidenced in the criminal trial. Mr.. Iiarasim's
statenents were deemed, in fact, to be the truth.
And if he's going to continue every time there's a
qu8stion as to calling th<:>m a 1 ie -- I think the
jury is going to decide in thie cas0 who the littr
is. But I'm going to ask you to instruct him to
simply answer the question and not go into his own
little tirades about what he thinks is the truth
and not th tn1th, okay?
MR. NBT'l'LES: Okay. 1 don't think lie's
been going into any tirades. And I think his
characterifwtion of the story is entirely his
opinion, and I think the jury can dif.lc:etn that.
t1S. B:ROWNl,'ELD: I find it somewhat
annoying, but if you don't want to instr.\1Ct him to
be a .little more
I think if you want to
object to it, that would be, you know, more
appropriate.
(By Brownfeld) Paragraph 12 of your petition
Rid1ar, Sornhort & Probst
"00 5UIT. 4<00
O!OUOTON 77002
7131600-S>OO
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on Page 4, you say that you're entitled to $7.00,000
as dan;ages for injury to your reputation?
A Which paragraph? I'u
Q Parcagraph 12 on Page 4,
A Okay,
Q !low did you derive the $200,000 figure set forth as
actual damages?
A I don't recall right now.
Q Do you need a minute to think about it?
A need a lot more to think about it.
Q You don't recall any of the calculations that 1vent
into this $200,000 actual damllgc figure?
A I don't recall right !low.
Q Might you recall later?
A Probably, if I had time to think about it.
Q And you'll_ recall at trial, l'm eure1 right, Mr.

A I can't answer wh"t I will recall to in the future.
Q Well, we may need to reconvene your deposition when
you've had time to think about it because I'm
entitled to know the bac;is for your damage claims.
so, if you think about it and it comes to you at
some point while we're adjourned or some point
between today and tomorrow, if we have to come
back, we might want to go into it then as opposed
R;chcr, Barnhart & Probl
1100 MILAM. SUI TO 4200
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73
to having to reschedule this whole tiling a
third time.
Additionally you asked for exemplary
damages in the umollllt of $200,000. Was there
anything specific you had in mind when you derived
that $200,000 figure?
I don't recall.
Have you eve!:" talked to Lynn Cohen about the
incidents giving rise to this lawsuit?
Boy, that name sounds familiar; but r can't put j_\:
with a face or time. Maybe you could belp me.
I huve no information other than it's someone you
listed as someone might know about this
lawsuit, and I don't know how.
I don't recall.
JJow about Norma Cullick? Do you who she is?
Yes.
is No1:ma Cullick?
She was a former. employee.
Did you talk to her about the incidents giving r.i.'HO
to this lawsuit?
Probably <lid.
What did you-all t<tlk about?
I dotl't recall the specifics.
really try to remember back.
Bornhort & Probst
"OQ "I CAM, SULH <>OO
LLOUSTON TEXAS 7700>
71'' 0.,0-"C<lO
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Where is Miss Cullick today?
ln Al1Stin.
Is she married?
No. At the time I believe she was duting Jay
Franks of the Post.
Do you if --
Or was a fri.end. l'm sorry.
Do you know if she still goes buy l'lorma Cullick?
I think so.
\Vho is Jerry Jackson?
He wus a lie was one of the people, I
believe, who made comments about the situati.on.
what cowments diO Mr. Jackson make?
!low uncharacter.isti.ca.lly -- of the way the incident
\HIS portrayed in the paper and on the 1:adio. lie
couldn't believe that I would do that, and kind of
shocked by it, surprised by it.
Did Mr. Jackson stop coming to your clubs after
this incident?
Do you know 11r. Jackson'.5 address?
NO.
Do you know hi.s phone number?
IJo you wher.e he works?
Richer, 8omhort & Prob!
l100 M<LAM, SUITE 4>00
HOUSTON. TF.XAS '1'/0M
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Yes.
Where does he 1vork?
He works at the Sportsmarket.
So, he's an employee now?
Yes.
Did you hire him immediately after this incident?
I no longer own the Sportsmar.ket.
Did you hire him immediately after this incident?
No.
Do you know when he was hi.red?
l think last month or so.
Had you known ,Jackson on a fairly social basis
prior to May 30, 1987?
lie was a customer.
How many times did you talk to t<lr. Jackson prior to
tbe incident?
l would see him all the time. lle was a r0gul<:tr.
How about Mike Smith? Who i.s Mike Smith?
A regular customer.
Where is ho workit1g r1ow?
I don't
Do you know his address?
No.
Do you know his phone number?
No.
Richer, Bamhort & Probst
HOO MILAM. SUl"fE >OO
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Do you if he has a middle initial or sonoething
that would distingish him, other than !Hke Smith'/
Do you know I could find him?
Probably at the bar.
what does he look like?
Average looking, little overweight, fortyish.
When was the last time you talked to Mr. Suti.th?
I probably saw him a couple months ago.
What was the last time you talked to Nr. Jackson?
Probably a couple of week;; ago.
What did !-like Smith and you talk about regard
to this incidtont? lind by "this incident." l
mean --
I can't remeJJlber the specifics, just tl1at we
discussed tl1e issue.
What did you discUSiJ?
I don't. remembt'r t.hc specific:s.
Well, did he tell you that hG had hea1:d anything on
the u1dio or U"ad anything? Vlilat was the gist of
tlw conven;ations, Mr. Patrick?
I can't remember t11e specifics.
Did Nr.. Smith stop coming to any of your bars as a
result of anything he had heard or. the:,;e illledgeclly
slanderolls statcwc,nts made by !1r. Harasim?
LOOO MILAM, SUfTE <200
HOUSTON, 'rE<AS n00a
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A I don't think so.
Q Did you ever have a conversation with anybody after.
you told them your side of the story that they
refused to believe your side of the story or
otherwise seemed to appeotr to hold a grudge against
you based on the activities that you're claiming
you didn't parcticipate in, i.e., stepping on Mrs.
Harasim' s foot or bending her fingers back?
A There were quite a few people who when I gave my
!Oide of the story, becallse they believed everything
they read, they felt, ~ 1 e l l it wouldn't be printed
if it weren't true. Or it wouldn't be on the radio
if it weren't true. And why would Harasim lie
about it?
I know that my -- you know, it greatly
affected the nightclub, put that out o[ business.
And our business at the Sportsmarket ln Rice from
that point forward did nothing but get worse.
~ l S . BROWNFELD: I'm going to object to
the last three sentences as nonresponsive.
A I thought I answered your quGstion.
Q Do you remember the names of any of these people,
sir?
II No.
Q You can't give me a description of any of these
Richer, Bomhorl & Probs!
f<OUSTON, H'AS 7>002
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people that told you that they still, despite yolH
side of the story, refused to believe you and
wouldn't do business ~ i l h you or wouldn't come to
any of your bars?
You have to understand, counselor, that you arce
talking about hundreds and hundreds of customers
that come into the bar. And :t don't know all of
their first and last names or many of their first
names.
Did you have conversations with hundreds and
hundreds of customers, Nr. Patrick?
Sure, yes.
About the May 30th incident?
1 don't know about hundreds and hundreds about that
specific instance, bot many people.
How many customers did you have conversations with
about the May 30th incident who refused to frequent
your bar after that?
I don't know.
Well, do you remembeL- one specific conversation?
I mean, I can't remember a specific conversation.
It was the talk of the town for. u couple of weeks
thereafter because of the publi.city the Post gave
it.
What publicity did the Post give it, Mr. Patrick?
Richer, 8amhal1 & Probs!
1100 M<LAM, Sl"'C <200
>OOUSTON, TL<AS 77002
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Well, they ran the article on it. 'l'hey allowed
Harasim to go on tile r<ldio and talk about it.
Did tho Chronicle run an article about it, Mr.
Patrick?
r beli.eve they did.
Did any other or radio stations run any
type of article or mention the incident?
Xt vias on Channel 2. Which 1 don't know at the
time was owned by if they owned the Post or not
then. I don't know.
Any other radio stations or. television stations?
I believe it was on Boom Boon! Jackson's radio
station, Magic 102.
Any others?
1 don't know. 1 believe it was on quite --
Harasim' s inbHview, I believe, was on
A"d you can't tell me about one specific
conversation you had with one customer who told you
he warm' t going to do business -- or he wasn't
going to frequent your place of btwiness because of
this incident?
1m. N8'r'l'LES: Objectionl asked and
answered. You're merely repeating the same
qltestion numerous times as an attempt to badger the
witness.
Rkhor, Bamhorl & Probt
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(By 14S. Brownfeld) You can answer it.
l can't be specific.
How long had the Nice-n-E.Z. Club been open on
30, 1987?
About 90 days.
Were you running in the black or in the red at that
point?
It was pretty close. I think we probably might
have bee>n a little in the black 1 might have been <:1
little in the red.
Do you have books and records that would reflect
the business activity of the Nice-n-E.z. Club both
befoce 30 and after May 30, 1987?
I don't know that we still do.
much longer after 30, 1987 did the
Nice-n-l!:.Z. Club stay open?
Less than 45 days.
So, in total the bar was open about four and a half
months?
I think it about 30 days we closed
afterwards. So probably five months. I'm sorry.
Four months totaL We were open three before the
incident and one after the incident.
Was the Dan & Nick's Sportsmarket on Rice open
during thJ time period that the Nice-n-E.Z. Club
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was open?
Yes.
Was it operating in the black or the red? In other
words, were you making a profit or were you
operating at a loss?
'l'hat particular tlme and period, we might have been
operating in the black. I'm not
What about the other Dan & Nick's Sportsrnar.ket?
Those weren't operating at that point.
In Paragraph 16 of yollr first amended original
petition on Page 6, you say that you are entiU.ed
to $500,000 in actual damages as a result of the
loss of customers, none of you could name for
us, to the Nice-n-E.Z. Club, How did you come to
the $500,000 figure set forth there in Paragraph
167
'l'hat figtu:e is probably low. rt could have well
been a million.
How did you get to that figure, sir?
I believe by estimating the revenues that we 1wuld
have done had we been ablt to stay in business for
a <;oup.le of years.
Did you expect the Nice-n-B.Z. Club to stay in
business for a couple of years?
We expected it to. I think we had a lDyear. lease.
Richer, 8omhor1 & Probt
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So, expected it to stay in business quite a
How long did Pan & Nick's Sportsmarket on Gessner
stay in business?
A year and a half, maybe.
In calculating the $500,000 figure set forth on
J?age 6, were you able to differentiate the effect
that Robert Reid's decision not to participate in
the club had on the club going out of business from
the effect you contend Mr. Harasim's statements had
on your business?
Well, they're intertwined.
Do you have any books or records to support the
figure?
I think we should huve a tax return. If: I
recall, we were doing about 40 to 50, $60,000 a
month in business.
Do you have an audited tinancial statement?
We bave a financial statement. I don't think it's
been audited.
And again, I'm a5suming that we do.
l don't know. I would have to check with our.
accountant.
And your accountants wer.e who for the Nice-n-E.Z.
Club?
Ron Briggs.
Richer, Bomhart & Probst
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Pardon me?
non Briggs.
Where is 14r. Briggs' office?
Rosenberg, Texas.
That's right.
I might also add that 500,000 reflects all the
money we lost. Not just revenues, but putting into
the business, building up the business, equipment,
et cetera.
I object as
nonresponsive.
X thought you asked me a question.
On Page 0 of your first amended original petition
you detail a llllmbGr of scllemes that were going on,
according to you, at the Houston Post which caused
you embarrassment, disappointment, worry, et
cetera, et cetera.
What involvemc;mt did Paul llarasim have in
the Channel 2 News scheme that you deU>il there'/
Let me take a moment to read tllis.
I don't thi11k we alleged Harasim was tied
into the Channel 2 scheme.
So, your. iHlswer is: No involvement?
X think the way-- let's read this. We're talking
about just a scheme on the Post to humiliate and
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degrade and embarrass me.
My question, Mr. Patrick, is: What involvement did
Mr. Harasim have in that scheme?
I don't kno1;.
Well, do you know that he bad any involveJnent in
that'r
r don't know.
can you think of an instance where he h101d any
involvement in any of these schemes?
Well, there was obviously a plan to humiliate and
embarrass me, just in his column alone, over. a
short period of time, with all the negntive stories
and lies.
Do you believe that was part of the scheme, sir?
Yes, I believe that was all part and parcel.
Did Paul llarasim have any involvemE:nt with
conversations, or to use your ~ l o r d schemes
involving Ray Buck as far as you know?
I don't know.
\1hat about a situation that occurred at the 1980
Super Bowl that you set forth in an answer to one
of your interrogatories involving John Steadman and
Dale Hobertson? Do you knOI> of any involvement
Paul Harasim hnd in that?
1 don't think he was at the Post at the time.
Richec, Bomhar! & Probst
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What about some conversation that you allege
occurred between Mr. Hand and a stetardess? Mr.
Harasim wasn't involved in that, was her
l don't know. I don't think so.
And in 1979, allegations you made that unfavorable
things were written about you, that didn't involve
Mr. Harasim either, did it?
t4r. Patrick, do you believe that pr.ior to the
statements that you're contending injured your
reputation you had a reputation ac being an honest
person'l
Yes.
Do you believe that you no longer have that
reputation?
I think my character has been questioned greatly
because of the things that Har.asim wrote and the
Post has said.
1' m speaking specifically now abOllt the tloily 30,
1987 incident.
Yes; I think my reputatjon been t:ar.ni-">he<'l
greatly.
Do you think your. reputation for honesty has been
tarnished as a result of that?
Sure, bec<Juse one of the two of us is lying.
Richor, Bomhort & Probst
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Q Do you believe that prior to May 30, 1987, you had
a reputation as being a truthful person, sir?
A I think so.
Q Do you think that that reputation has suffered?
A Yes.
Q Do you think it's suffered as a result of the May
30, 1987 --
A Absolutely.
Q incident?
Again, it would be helpful to let me
finish my sentence.
A I'm sorry.
Q Has anyone come up to you and told you that they
think you're dishonest or di.struthful because of
the comments that you believe Paul llarasim made
that has i.njlned your reputation?
No; but you can sense how people deal you and
renct to you on a different
Q And your answer is no, sir? I didn't hear you.
A I said you can sense how people react with yot.
'
think Robert Reid, his stepping <noay from the club
was a reaction of that.
Q But your answer was: No; no one has ever come up
to you and told you that they perceived you to be
dishonest or untruthful as a result of these
Richer, llomharl & Probs!
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comments that Mr. Harasim allegedly made that have
injured your reputation?
I. don't recall specifically.
Well, if someone had come up to you and said that
they thought you were dishonest or untruthful,
isn't that something yoll might remember, Mr.
Patrick?
You re trying to put words in my mouth. ll.nd again,
I can't specifically recall. Someone may have
said and since this is on the record for tile
jury to hear, I want to be very careful and very
ti"uthful. lind I can't recall exactly.
Hy question ~ a r o : : If someone had callGd you
dishonest or untruthful, isn't that a significant
enough statement that you would probably remembe1:
it?
It bas been alluded to so often, no.
By whom was it alluded to?
By a lot of people who question the truthfulness of
me in this incident, including business partnez:s,
including --
Which bu.5iness partners alll1ded to your dishonesty
or lack of truthfulness as a result of the Nay 30,
1987 incident and the comments Mr. Harasim made
after11ards regarding his side of the story?
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MR. NE'!'T.LES:
I'm going to object. I
think it's as important for you to a l l o ~ 1 him to
finish his answer as it is for him to allow you to
complete your question.
!1S. BROWNFELD: Could you read him the
question back, please?
MR. NE1"1'l,ES: At this time, if he has any
further thing he would like to respond to to the
last question, I would like for him to get an
opportunity to respond so -- when you cut him off.
llS. BROl1Nl"tiLD: Okay. l didn't mean to
cut you off, sir.
If you want to read the next to last
question back, let's go from therE>.
(The following was read:
"Question: By whom was it alluded to?n)
(By Ms. Brownfeld) Do you have any other answer to
that?
It was business partners, strangers, customercs.
Which business partners?
As I've said before, I believe Robert Reid, that
was his reason for stepping aside, Bennet Fischer:
has alluded to it. But specifically I can't give
you names.
MS. BHOWNFELD: Could you read my
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question back now?
Is that a full answer to the question your attorney
said I cut you off on? Because l .,ure don't mean
to do that.
I think so.
{The following W<ts read:
"Question: Which business partners
alluded to your dishonesty or lack of truthfulness
as a result of the May 30, 1987 incident and the
comments 14r. Harasim made afterwards regarding his
side of the story?")
I think you've that, right?
Yes.
Did yoll ever tape any conversations between
yourself and any employees of the Post?
r don't think so.
Did you ever tape a conversation between yourself
and Jay Franks?
l may have; may not. Sometimes I have a recorder
on my telephone that tapes conver.sations. But if
you could help me with a specific, maybe J could
answer.
l'm asking about any of them, and specifically
referring to an almost verbatim transcript of the
conversation you detail in response to -- r believe
Richer, Bornhort & Probs!
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it's Interrogatory No. 11, vlhich you don't have in
front of you.
And I am looking tor a copy to give
you. ll Monday, February 16, 198'1 late afternoon
conveu;ation between Jay Franks and yourself. Po
you know if you ever tape-recorded any of that
conversation or any otile1: conversation between yo\1
and anybody at the Post?
r would have to check.
Oo you have any tape recordings or other recordings
of conversations between up and Paul Harasim?
MS. BROWNl'BLD: We're going the make a
formal request for any conversations between Mr.
Patrick and Paul Harasirn or anyone at the Post,
just to let you know; but we'll get \:hat on file
probably this afternoon.
MR. NETTLES: Okay.
(By Ms. Br.ownfeld) Do you fr.eguently tape-record
your telephone conver.r;ations, Mr. Patrick?
No.
How was it that you came to have a tape recorder
attached to your telephoner
\lhen you say how was it that X came to do that, do
you mean
What prompted you to do that?
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Just to make sure that no misunderstandings are
done on maybe son"" business deals. I think that
would be the primary reason.
Do you typically tell the person you're speaking
with that you have a tape recorder on your
telephone?
Normally.
That you may be taping their conversation?
Normally. \1e' re talking -- juBt to clarify this
three taped conversations in ten years.
mean, it's not 8Dn1ething 1 normally do.
What would prompt you to do it?
If I thought it was something important.
Do you think your conversation with Jay Franks in
1987 was important?
I don't think that taped because he called ue
at the restaurant or at the Nice-n-E.Z. Club.
lf it wasn't taped, how was it that you have a
verbatin1 transcript of the conversation listed in
YOtH interrogatory re!>"ponses, siL-?
Some things in your mi.nd just really stick out and
some things don't, i.n life. And that particular
phone call, I can almost hear it and see it as it
wa., yesterday. J can tell you e:xactly where I
standing when the call cante in because we were
Richer, Bmnhart & P1obt
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readying the opening of the club. And also because
of the nature of the call, because it was so out of
for Jay to call me ilnd give me that
information.
Q So, in response to Interrogatocy No. 10, wherein
you set forth a transcript of the
telephone call that happened almost two years
before you answered th interrogatory, you were
able to re1nenober that sufficiently to put it in
quotes. Is that what you are telling us?
NWl"l'Ll>S: I'm going to object to the
term being used as "verbatim transcript."
Apparently
MS. It is. It's in quotes,
Bently. 'l'he whole thing lS in quotes. Here it is.
1 don't want to give yoo my copy because I've
written 00 it I boC Che whole thing ie in quotes.
Aod we can gee 0 clean copy eod attach
"
""
Exhibit
3 '
just eo make things easier ood
'"
that
your client can look at it. But it is i11 quotes,
and that indicates a verbatim transcript to me.
lind X'rn just wondering how it Patrick could
remember that conversation by heart and can't seem
to remember hardly anythi.ng else here today. And I
suspect there's probably a tape somewhere. ll.nd of
Richer, Bornhot1 & Probst
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course, if there is, r know you'll tender it.
MR. NB'l'TI,ES: Once again, I'm going to
continue my objection before that was interrupted
by opposing counsel. Use of terminologies
"verbatim transcript" in that it is not apparent to
us that any S!lch tranncript exists nnd has not been
produced to us, And I'm sure that it would be if
such a transcript existed. And he's just testified
that it is his recollection of that testimony.
Additionally, I would object to the
sidebar comment of opposing counsel as to Mr.
Patrick's selective recollection and as to h<H
opinion as to whether or not it is a verbatim
tr<>nscript. And I'll ask that all that be stricken
from the record.
(l?atrick Exhibit No. 3 marked for
ide nt if i cation)
(By Ms. I'm going to ask you to turn to
Page 5 of your intP.rr.ogatories responses which I've
just handed you, which have been marked flS Patrick
Exhibit 3.
Do you remember answering these
interrogatories, sir?
Not specifically, but obviously I did.
Well, on Page 2, does your. signature appear on that
Ri<her, Bcmhor! & Probt
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affidavit indicating that the Btat:ements contained
therein are within youiC personal knowledge and a ~ e
true and correct?
Yes.
You swore to that, sir?
Yes.
And on Page 5 of your interrogatory answers, in
reBponse to Interrogatory No, 10, there appear-s a
transcL-iption of a conversation between you <tnd Jay
Franks. Is that true?
Yes.
lind it's your testimony here today that the
conversation that occurred on February 16, 1987,
W(l.S remembered by you on October 30, 1987, in that
much detail?
Yes.
But you may have a tape of that conversation in
your possession or somewhere where can get to it;
you don't know at this time?
J: can tell you categorically 1 do not have a tape
of that conversation.
MR. Nll'l"l'l,E:S: Obviously we'll sti.pulate
that if Nr. Patrick finds any such tape that \"le
will produce it to opposing counsel.
(By Ms. Brownfeld) Who i<; Paul Williams?
Rkher, Barnhart & Prabst
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lie was a waiter and a bouncer and a manager and
employee.
\'/here is he now?
I'm not sufe.
When did you last speuk to Mr, Williams?
Sometime in the last four or five months.
What was that conversation about?
Just ''lli, how are you?''
Do you remember having any conversations with him
about the May 30 incident?
Yes.
What did you-all talk about?
What his recollection was of that night.
Any other conversations?
No.
Wh<lt about '1-'on; Hom, who is he?
Pronounced "horne." A former employee.
Where is Mr. Hom today?
I'm not sure.
When the last ti.me you spoke to Mr. Horn'<
It's been months.
Did you and Mr. Hom discuss the 30th incident?
Yes.
What did you-all talk about?
His recollection of the evening.
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Was he working at the club that evening'<
Yes.
Was t1r. Williams working ilt the club on 30?
Yes.
Who is Dan Hankin?
He's my brother-in-law.
18 that Janet's brother?
Yes.
And did you and Mr. Rankin discuss the May 30th
incident'?
J: believe so.
was he in the club at the time?
I don't recall.
\/here is Nr. Rankin today?
He J.ivea here itl Houston.
in Houston?
I don't have a specific addcess. An apartment
somewhere.
Did you talk to him the night of 30?
I don't recall.
What conversations did you have with him about the
30 incident?
I don't recall.
NS. Bll.OWNFELD: It's a little nfter noon
and I'm at a convenient ,;topping point; why don't
Richer, Bamhmt & Probst
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HOUSTON. 'tEXAS 710M.
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we break for lunch now?
Okay.
(Noon Recess)
Q (By Ms. Brownfeld) Mr. Patrick, do you have any
documentation which yoLl may have obtained through
any source whi.ch somehow links Paul Harasim with
the schemes referred to in your petition?
A nocum<entation, no.
Q Do you have any notes that yotJ've taken with regard
to those schemes that link Paul llarasim with any of
the act:i.viti.es detailed in your petition?
A No.
Q Did Paul Harasim ever tell you he didn't approve of
your style as a newcaster?
A I don't recall .
Q ls that something you might remember if he had said
it?
A No, not necessarily.
Q Did you ever CJ:"iticize Paul Harasim on the air
while you wore at Channel 11?
A No,
Q Have you ever Paul Har.asim on the aJ.r
before?
Richer, Somhort & Probs!
1100 M,L,M. 5U,Te >00
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"
No.
Have you ever criticized the Houston Post while you
were on the air't
I don't know specifically. I've taken issue with
some of: their writers.
Which
Dale Robertson etnd Kenny Hand.
Any others?
I think tl1at's all.
Have you ever taken issue with any writers at the
Chronicle?
l'es.
Which writers?
Ed Fowlec, I'm not sure which paper Fran Bli.nber.ry
writes for.
r believe he writes for the Chronicle.
Did you ever criticize or take issue with
ncwcasters on any other TV statJon?
Yes.
Which ones?
Ron Franklin, I think.
Any others?
I'm not: sure.
What type of: comnwntG did you about Ron
Franklin?
'l'hat they had misrepresented a story on the air.
Richer, Bomhal1 & Probst
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Did Ron Frank.li.n comment that you had ever
misrepresented any stories while on the air?
What type of cdticisms did you make about Ed
Fowler, or what type of issue -- what issues did
you cr.i ticize?
I might just take issue with an opinion they had,
whether a coach should be fired or a player should
be traded. I had sorn<.'l fun with them.
Did you mention Mr. l'owler' s n11me specifically?
That; and we used to have a character called Ed
Poulup who we portrayed as being Ed Fowler.
Did Fowler ever comment to you about what he
thought of your doing that?
I know he used to write barbs back in his column
about me. It was kind of give and take.
Do you have any statistics regarding what
percentage of tha Chronicle articles about you were
positive or negative?
I don't think the Chronicle-- I don't considar
taking issue with opinions or those things being
negative. I don't tllink the Chronicle every really
did a negative stor.y. '.'here might have been a
negative comment occasionally; but seldom, if ever,
compared to the Post,
Rkher, Bamhart & Probst
1100 MOLAM, 4200
"OU5TON TEXAS 7700>-
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Do you believe that the Post has ever given you any
favorable publicity?
On a couple of occasions. l wouldn't call it
favorable. I WOllld call it non-negative.
When we(e those occasions?
X don't recall off the top of my head, but not
everything the Post has written has been negative.
90 percent of it, but not everything.
90 percent?
'l'hat would be my guess.
Did you use any sort of .statistical method to
arrive at that number, or is this just an estimate
that you're using now?
Jl\St an estimate.
to\r. Patrick, you were the complaining witness for
the State in the crinoinal trial. Isn't that true?
Yes.
And this moans that it was you who called the
police and filed the complaint that resulted in
criminal charges being filed against ~ r . . Harasim.
Is that dght?
Yes.
Did you call the police immediately after Mr.
narasim and his wife left the Nice-n-E.Z. Club on
1-!ay 30?
Ri,her, Barnhart & Probst
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Either. I did or an employee. I don't know
specifically. l'hey called while Mr. Harasim
was fleE>ing the scene. I believe it was Sharmagne
Taylor who actually called 911, but I'm not sure.
Did you tell to call 911?
Yes.
Did you talk to anybody i.mmedii;ttely after the
incident but before the police got there about
filing criminal charges OIC bringing clirninal
cheu;ges?
How long after Mr. and Uarasim left did the
police arrive?
Within minutes.
What did you tell them?
r>xactly what happened.
Did they ask you any specifi.c questions?
All of the normal questions. What bapp<:enecl? Who,
wh<lt, when, why.
How long did they stay on the scene?
We also called an ambulance. So, combined probablY
45 minutes.
Who left first, the ambulance or the police
officers?
l: don't recall.
Richer, Bornhort & Probot
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Q Did the policeman take statements from anybody else
on the premises?
A From all the eyewitnesses.
Q Do you recall who they talked to?
A 'l'he eyewitnesses that we have in our deposition.
And I'm trying to think of their names. Shar.magne
'l'aylor, David-- whatever Davi.d's last name is--
and Laney Sneed. And possibly some othen:.
Q uave you ever seen the police report?
A I don't think so.
Q After the police officers antl the ambulance driver
left, who was the first person that you remember
talking to?
A I don't remember. It's very cloudy. Again, l was
seriously hurt and pretty stunned.
Q Did the police o(ficers get the witnGss' names that
they ultimately interviewed from you?
A I don't know.
Q You don't remember?
A l don't remember.
Q Do you recall you asking anybody if they would act
A
as a witness and somebody refusing to gt involved
or telling you they didn't want to testify?
No. I vividly recall asking two people, David and
j,mley, not knowing their names at the time, tvho
Rkhor, Barnhart & Probst
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they were, but asking them if they saw what had
happened. And they said yes. And I said: Would
you testify in court or would you be a witness or
something to that effect. And they said, yes, they
would be.
Why did the ambulance leave without you in it?
They made the decision, l guess, that I could go to
the hospital-- again, I don't recall. I collldn't
leave -- X think I resisted leaving because it
1DL1ld have let my alone at the club, and I
didn't want to leave her alone at the club.
Did you send the ambulance away, or was it the
ambulance's decision that you didn't need an
ambulance?
r don't recall that.
!low many times, including the night of 30,
1987, did yo11 talk to Ms. Sr1eed or Mr. Burns?
Repeat that, please.
Uow many times, including 11ay 30, 1987, have you
<:poken with sne<>d or Burns?
r have, I thi.nk, only on -- and excuse me for
assuming it. I'm assuming you mean about that
night.
ln any capacity.
Okily, I think I've talked to them maybe three
1100 MFLAM SUIT< 4'-0"
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1 times.
2 Q Out of those three conversations, how many of them
3 involved the 30th incident?
4 A Well, I never talked to them specifically about
5 that.
But the first time I can remember talking to
6 them was to ask them if they would go to an
7 attorney ilnd give a deposition, which was
8 immediately afterwards, which I did. And then
9 there was a time that I called them and said they
10 need be to be at the courthouse to meet the
11 Assistant 0.11.. But I've never discussed the facts
12 of what happened that nj.ght becatlse it was pretty
13 clear what happened.
14 MS. BROWNFELD: I object to the last
15 sent.ence as being nonresposive.
16 Q Who was the attorney that they went to give a
17 deposition for?
18 A His name is Dan Kamin. K-a-m-i-n 1 believe is the
19 cor.r.ect spelling.
Q When did you first contact M1:. J<amin?
A Within probably a week of -- I think I filed the
22 charges-- I'm not sure exactly, but within a
23 couple of days. And within a couple of days I got
an attorney to take the deposition.
25 Q What reasons -- well, for wh<lt reason Mr. Kamin
Richer, Bornhorl & Probst
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hired?
Well, when I went to the D.A. intake office, they
gave me a form, I believe, to take statements
myself. ll.nd I thought that that would not be
proper or: felt it would be more beneficial to have
an attorney do it. And I contacted Dan, who had
done some for me at one time in previous
years -- he was really the only attorney I knew
and asked him if he would take some depositions.
And he said okay.
What work did !1r. Kami_n do for you in the past?
We had -- something to do the Sportsmar.ket.
X 'm not real sure what it was.
Did it involve a business transaction or a Jawsllit
for personal injuries or criminal transaction?
No, J think it was a contract or. something he hild
to review. l.'m not exactly sure. It was nothing
major..
How was it that you knew to go down to the O.A. 's
office and file charges? In other. di.d you
talk to anybody about fi.li.ng cr.iminal charges? flow
di.d you know what to do?
l asked th0 police officers that night what was the
next step, they told me to go down to the
D.A.'s intake oftice and file charges.
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Other than Ms. Sneed and llurns, did you ask Mr.
Kamin to take anybody else's deposition?
I think he took Shar.magne .taylor's, also.
Other than those three individuals, did he take
anybody else's deposition?
I don't believe so.
Are you sure the depositions were taken at this
time, or were they just statements? Or do you
know?
'l'hat l'm not sure.
Pid yoll ever give a deposition or a vnitten or
recorded state to anybody involving this lawsuit?
Gee, I don't know. You mean prior to this, to
yours?
Yes.
I don't think so.
Well, is that something you might remember,
Patrick?
I'm being as honest as I can, Counselor. I don't
tllink so.
How many times di<l you meet wi.t.h the District
,.ttorney or someone from the District Attorney's
office pri.or to the criminal trial in this lawsuit
or involving the May 30th incident?
Maybe b10 times.
Ri<her, Bomhort & Probt
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Q What did you talk to the D.A. about in those two
meetings?
A Just reviewed the events of what happenGd.
Q Did you give them anything to read, or did they
give you anything to read?
A No,
Q Did you give them a list of names of witnesses?
A Yes.
Q What was the list of names you gave to the P.A. 's
office?
A David, whose mu11e escapes me right now, r,aney
Sneed, Sharmagne Taylor, .r.ommy Hom, Paul Williams,
my wife. !4aybe one or two others, but 1 don't
think so.
Q Did you discuss your testimony?
A With him?
Q With someone from the D.A.' s office.
I wouldn't call it discussing the testin1ony.
asked me what happened, wanted to knD\'.' the facts of
the case.
Q Did you well, let me go back. You met with the
D.A. on two occasions approximately, you said.
A Yes.
Q Were there any other people present during these
meetings?
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I don't so,
So, it's your testimony that prior to the criminal
trial involving the 30, 1987 events, you met
with the District Attorney two times to discuss the
facts giving rise to your complaint?
l'o answer your question, I believe 1 met with him
approximately two times; and we discussed the
events of th evening.
And there were no oth0r people present in either of
these meetings?
There be may have been an Assistant D.A. or
secretary. At one of the meetings all the
witnesses before we went to court got together, but
we weren't discussing it i11 the same room. He was
very careflll so if we were asked on the witness
stand nllave you all sat down and discussed this?"
WQ were able to answer honestly and truthflllly,
"No."
Subsequent to the criminal trial have you talked to
any of the witnesses who testified at the criminal
trail?
Except my wife, obviously.
Po you remember which witnesses were actually
called to testify in yollr behalf at trial, in the
criminal trial.
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Laney, David, Marty Stebbins, my wife. I think
that was all.
When did you first contact an attorney about f.U.ing
a civil lawsuit?
I glless Lee McfJain would have that exact date. I'm
not sure. Sometime after the incident.
Did you talk to Mr. Hamin about representing you in
the civil lawsuit?
No.
His area, if J: recull, of law was in communication,
businGss contracts; and it just didn't occur to me
that be his area of specialty.
Who recommended that you visit with Mr. l!cLain?
I don't honestly recall.
You don't recall hOIV you got his name?
No. We had lots of people giving me advice, and
somehow or another. his name -- I'm trying to think
how I did get his name. I can't remember. ri.ght
now.
Who were the people giving you advi.se?
I don't know. Just people, you know.
You don't remember any of their names either?
No,
You can't think of one person now who gave you
Richer, Bcmhort & Prob1t
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"advice," is your term?
Yes.
Who gave you advice?
No, I said-- yes to "advice." No, r don't
remember any of their specific names.
And you don't remember who specifically recommended
Mr. McLain to you, other than one of these
unnamable people that giving you advise.
that true?
Yes. I really can't remember how we got together.
Did you approach any other attorneys before t1r.
McLuin about taking on your .lawsuit?
No.
Had you ever done any business with Mr.
before?
No.
NS. BROWNFELD: I know during the last
deposition we asked for the contract evidencing the
fee arrangement between Mr. Patrick and Mr.
l!cLain's office. And J. suspect that 11e don't have
it here today. And we're going to file a for.nw.l
r.eque.st for it, ju.st !lO you know it'5 coming, okay?
MH. NET'l'LES: That's fine.
(By Ms. Brownfeld) Uave you talked to any of tho
individuals who testified for you at the criminal
1100 5UIH 200
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tr.ial about testifying f:or you in the civil case?
Do you know if your attorney has?
What time did you get to And by get to work,
I mean get to the Nice-n-E.Z. Club, on May 30,
1987.
Sometime early in the evening. 5:00, 6:00-ish,
7:00-ish, sometime in that area.
Is that the time you typically get to the club on
the nights you were working?
On a Saturday, because we wouldn't be open early.
You open a later time on a Saturday.
What time do you open?
I think we used to open at 7:00 o'clock.
Whllt WOllld you typically do when you would get to
the club on a Saturday night'(
Everything from making sure the staff was then,
making sure the music was lined up, the bathrooms
were clean, the carpets were clean, lights were
lit. Getting ready to conduct business.
What did you do on 30, 1987?
All of the above, I'm sure.
Were you taking any medications on May 30, 1967?
I don't honestly recall.
Richer, Bornhort & Probt
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Q Had you hud anything to drink prior to getting to
work at 5:00 o'cl.ock?
A No, because I really don't drink.
Q Do you recall what occurred at the club between
approximately 5:00p.m. and 11 or 11:30
when the Hcuasims first arrived at the club?
A I think it was a normal night's business.
Q What a normal night of business typically
require that you do?
A Be host and take care of: business, taking care of
customers' neeas Dnd employees' needs.
Q I'm sorry. I didn't hear the end of your sentence.
A And taking care of employees' needs.
Q When you say "being host," what did that entail?
A Well, when you're the manager or part owner of a
business, you are -- people come in to your
business, it's like coming into your home. So, you
try and greet them at the door, if you can, if
you're there. You walk o.round and shake hands,
smile and make sure everybody is having a good
time.
Q ls that what you were doing?
A Uh-huh.
Q What does taking care of customers' needs entail?
Anything o.lJove <1nd beyond what you just described?
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Somebody could spill a drink on a dress and need a
towel. Someone could need change. someone could
have a guestion, you know.
Do you remember anything unusual about Nay 30,
1987, and your working at the Nice-n-E.Z. Club that
night?
No.
What did taking care of employee needs entail?
!Mki.ng change, making sure they had clean
glassware, tho beer was cold, whatever.
Do you remember if you did that on Nay 30, 1907?
Not specifically, but l'm sure I did.
Do you remember how many people were in the club on
30, 1987?
Several hundred.
Do you have any basis for that esti.ntatc, or is that
just a guess?
Well, we held, I th.i.nk, about 400, And we were
pretty busy that night, so I would say 200
and 300 people.
When did the first customers come to the club?
Gee, I don't know. Sometime after. we opened.
Did you know many of the customers who were there
on a fi rst-nan1e basis?
No.
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Was there anyone there that night that you remember
specifically that you knew?
No.
Did you and Robert Rei.d discuss Paul Harasim at any
time during tl1at night prior to his arriving at the
club?
'J.'he only thing -- not prior to his arriving at the
c1 ub. Upon his arrival we had a discussion.
Prior to Nr. Harasi.m's arrival, did Robert Reid
ever tell you he did not want: Paul Harasim in the
Nice-n-E.Z. Club?
I'm not sl.n-e.
At the time !1J:. llarasim and Mrs. l-larasim arrived at
your club, did you and Mr. Reid have a discusroion
or mention Paul .,arasirn's arrival?
You said upon his arrival or prior to? I'm sorry.
Upon.
Upon? Yes, Robert said he didn't want Paul in the
club and for me to handle it.
Did Mr. Reid tell you to evict Mr. and Mrs.
Uarasim?
fie told me he didn't want him in the club.
What did that mean to you, sir?
lt means don't allow him in the club.
Did he tell you h0\1' to go about having Mr. and
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Harasim leave the club?
No.
I would like you to recall as best you can the
exact words Mr. Reid used to tell you he d.i.dn't
want Paul Harasim in the Nice-n-E.Z. Club on
30, 1987.
I just gave you the best --
I don't remember it. Could you tell us again,
please?
Could he just read it back?
Well, I'm asking you to tell me again.
Wel.l, I would just soon him read it back, if that s
okay.
Are you not going to answer my question?
You asked me the same question twice; and instead
of repeating it hlice, X would just soon him read
it back.
Do you not remember now what you said before,
Patrick?
Yes, I can Lemember what I said before.
What was that?
I made reference to the fact he didn't want Paul
Harasim in the club.
To the to the best of your recollection, that's as
close to verbatim as you can come?
Rioher, Bornhort & Probst
1<00 r-<ll,,M_ 4><00
HCUS10N, TCXAS 77002
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A Yes.
Q so, Mr. Reid said, "l don't want Palll Harasim 1n
this club"?
A Yes. rrr don't want Paul in the club."
Q Did he tell you why?
A Well, from our previous conversations, it was
obvious why. Because of the things that Barasim
had written.
Robert felt that Hacasim was a snoop
who looked for trouble. And there were other
basketball players in the clllb that night1 and
Robert -- there were ballplayers around,
Robert didn't like having a lot of members of the
nwdia around.
Is very normal, because that.'s their
relaxation time. They have to give interviews and
they're under the public eye when they're at the
basketball court or football field, 11hatever their
sport might be. lind when they're out having a
Qrink, maybe not w.ith their. wife or just with
friends or. whatever, they didn't like journalists
of llaJ:asim' s type around who liked to write about
those things.
!1S. BROWNFlU.D: I'm going to object as
nonresponsive.
Q Maybe you didn't understand my questi.on. On May
Rkhor, Bcmhort & Prob>t
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30, 1987, did Mr. Reid tell you why on that evening
he didn't want Mr. Harasim in his club?
I just gave you an answer to that.
so, your 1.s: 'J'hat's what Mr. Reid said on
Nay 30, 1907.
No.
Let me make sure you understand my question.
On May 30, 1987, Oid Robert Reid tell you
why he didn't w<lnt Paul Harasim in the Nice-n-u:.z.
Club?
fle didn't have to.
So, your answer is: No, he didn't give you a
specific reason?
Had ei t.her you or Reid ever decided you didn't
want a customer in yollr. club before?
Jlave both of us decided on the same customer, or
on.:;, of us decided on separate customers'(
Had OllQ of you decided on separate customers or.
both of you decidNl on one customer? In other
words -- <o.nd maybe my question inartfully
phraseO. Had on any timG prior to Nay 30, 1987,
you decided you didn't want someone in the club, or
had Reid decided he didn't want someone in the
club?
Richer, Barnharl & Probs!
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I'm not sure.
There could have been, but I'm not
sure.
Do you recall any instances wherein you asked
someone to leave Cho Nice-n-E.Z. Club et either
your own -- based 00 either your owo decision
"
"
r. Reid's request?
Pm sure were times that we asked people to
leave for- a variety of reasons.
Well, did you ever ask someone to leave the club
because you didn't like their personality or didn't
want them in the club, i.e., not because they wer.e
drunk or causing a commotion? That's where I'm
going.
I don't recall.
Did anyone witness the conversation betw<.wn you and
Mr. Reid where you're contending Reid told you
he didn't want Mr. Harasim in the club?
My wife.
Anybody else?
Not that I know of.
When you approached Mr. Harasim for the first time
on 30, 1987, had you decided how you
planned to evict him the Nice-n-E.Z. Club?
Yes.
How did you plan to allk him to leave, sir?
Richer, Bomflort & Probst
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Very polite.
Is that you did?
Yes.
What was the first thing you said to Harasirn?
Something to the effect of, Paul, I'm sorry, but I
can't allow you to come into the club tonight.
'l'hat was the first thing you said to him?
I may have said hello. I'm not sut-e.
How did you first become aware that Paul Harasim
and his wife had entered the club?
wife informed me.
Why did she feel that you might want to know that
Paul Harasim, as opposed to any other guest, was ln
the club?
She was aware that he had written some things that
were not t-rue, especially the Boom Boom Jackson
thing. so, she would make me aware of that
situation.
8
l!ey, this guy is in tlJB club.''
Wlwt were you doing when she told you that Paul
Harasim and hi.s wife had entered the club?
I was in the office.
Were you alone?
X don't rec11l.l.
Was P1r. Reid in the office with you?
No.
Richar, Barnhart & Prob<t
1000 MILAM. SUIYE "'00
HOUS,ON. Y"KAS 77002
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What was the first thing you did after your wife
told you that Mr. llarasim and his wife had entered
the club?
The first thing that occurred was she said: Now,
Paul's -- J think Paul Ha1:asim is in the club,
because of his big white hat. And I said okay.
And we walked out towards the front of the club.
Did you talk to anybody on your way to the door?

Where was l\r. Reid?
Somewhere back towards the back of the club.
So, yoll walked to the back of the club fi.rst?
No. 'l'he office is in the back of the club. Robert
was somewhere near the office. So, I walked out of
the office. We passed. He was heading to the
office.
Do you recall exactly what you said to Reid?
J believe he said to me, as he was walking to the
office< Paul llarasim is here. I don't him in
the club; you take care of: it, as hB headed to the
officB to kind of: get away from the situation.
Did you respond to his comment.?
I may have nodded. l may have said okay. I'm not.
sure.
How far is the office from the front of the club
Richer, Somhaf1 & Probs!
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where you first saw Mr.. Harasim?
II Probably, oh, 60, 70, 100 teet.
Q Was your wife with you from the time you left the
office until the time you first confronted 11r.
l!<lr<1sim at the front of the club?
11 Yes.
Q Did she say anything else to you during the walk
from the office to the front of the club?
A I'm not sure.
Q llO\V long did it tako for you to from the
office to the front of the club?
A Not very long.
Q When you saw llr. !larasim and his wife for the firt:Jt
time, where were they standing?
A Near the front door.
Q Had they entered the bar, or. they still in thG
ent:rance way?
A They had entered through the door-s and were
probably 10 feet inside the club. But still on
what you might call a holding area, but in the
entrance, inside the entrance of thE' club.
Q Do you know whether your wife was at the door at
the time the llarasims entered the club?
II No, l don't.
Q Had Paul Harasim and his wife done anything on May
Richer, Bamhcrt & Probst
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30th, other than being in the bar, to warrant you
removing them from the bar?
No.
How far were you from Mr. and Harasirn you
first commented -- made your first comment to them?
Six inches, eight inches.
So, you were standing pretty close?
Yes.
Tell. me again, what was the first comment you made?
Something to the effGct of, Paul, you know, I'm
sorry, r can't let you in, or I can't let you stay
in the club.
What Mr. llarasirn's respon!le?
Something to the effect of: Why not?
What did you say?
Paul, you know, you've written these ll.es about me
in the paper, the Boom Boom Jackson thing. You've
writtn some negative storcies about me in generaL
You're hurting our business. Robert und I don't
want you in the <:lub.
What was Harasin1' s response to that?
He was Kind of insll.l ted. Like how dare someone
keep a Houston l?ost writer. out of
Know, that he should be able to go anywhere he
wanted.
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MS. BROWNl'ELD; I'm objecting as
nonresponsive.
Did he make a response, Mr, Patrick? Did he say
anything to you in response to your comment?
Yes. His comments, his action were kind of huffy
and puffy. And not loud but k5.nd of like: Well,
why not? I can go anywhere,
Did he say "I can go anywhere," sir?
l'nl not sure exactly if those were the words.
Something to that effect.
What was your response?
Again: Paul, I'm sorry. I just can't J.et you in.
We don't want yell, you know, snooping around.
People are uncomfortable when you're because
you never knov1 what's going to end up in the
papers. You know, something to that effect
What happened next? Did he make another comment
back to you?
1\.t tlwt point his wife was tugging on him saying:
Come on, Paul. Let's go, Let's go. r,et' s go.
And he wouldn't budge. And again,
something to the effect: well, you know, I don't
understand. You know, l should be able-- I'm a
writer; I should be allowed to go where I want,
something to that effect.
1100 SUIT< "'00
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That's what he said, sir?
I said something to that effect. I'm paraphrasing,
to the best of my recolletion.
Prior to this initial comment by Mrs. Harasim of:
"let's go, let's go,ff had she said anything else?
No. X didn't even realize his was 1d th him or
who that woman was at that time.
I didn't know if
it was a girlfriend or wife.
Did they leave the club, or were more words
exchanged?
1 believe at that point, once again, he
said -- I don't knoto. And I finally said:
know, Paul, you've got a lot of fucking nerve
coming in herce. I really am stunned, after
you've 1nitten, you would conuc:- in here and think we
would allow you to come in here.
Did you say all that, Patrick?
Uh-huh.
Prior to using an obscenity for the fir10t time,
long had you and Nr. Harasim been conversing?
A couple of minutes, 1 guess.
And you used this profanity in front of Mrs.
llilrasim?
Yeah. Again, I wasn't really aware of-- and I'm
not so sur.e that she could hear it.
Richer, Bomhart & Probs!
1100 MILAM 5UI'r0 4>00
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It said
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pretty quietly.
Q Well, was there music in the bar, Patrick?
A It was very loud, very loud.
Q so, despite the fact that Mr. Harasim was there
with his wife or some fe1nale companion who had been
tugging at his arm to ask him to l"'ave, you still
used a profanity in front of Mr. Harasim and his
female companion. Is that true?
A Again, I'm not so sure that she could hear it.
MS. BROWNF'ELD: I'll object to the
r e spans i vene BB ,
You know, Counselor, under.st<Lnd I'm not saying that
I d.i.dn't say it. I'm telling you I said it. 1
just -- I wasn't aware that ceally she was aw<lre of
it or hearing it. l!y was tanding there,
also. And I kind of said it pretty close under the
vest to Paul. So, it wasn't meant for her ears or
anyone else's but l.'aul's.
Q When Mr. and Nrs. flarasim initially entered the
Nice-n-1>. z. Club and you approached them, they did
not initiate any hostility towards you, did they?
X didn't initiat any hostility towards them.
MS. BROWNFllLD: Object as nonresponsive.
Q When lhs. and Mrs. Har.asim entered the Nice-n-Il.Z.
Club on Nay 30, 1987, they didn't initiate any
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hostility toward you, did they?
Depends on how you define hostile.
Did they approach you, Nr. Patrick?
We defined hostile before as unfriendly.
Did Nt. and Mrs. llarasim initiate any unfriendly
activity towards you on llay 30, 1987, prior to your
first comment to them?
Since we defined earlier hostile as being
unfriendly, I would say, yeah, they displayed a
rather unfriendly demeanor about themselves.
What did they do that was unfriendly toward you,
Patrick, prior to your first comment to them?
Just Paul's demeanor.
What about his demeanor did you interpret to be
unfriendly, sir?
l>s if he were waiting for trouble.
What about h.is demeanor made him look like he was
for trouble?
His stance, his expression.
What about his stance and expression, Hr. Patrick?
r just explained it to the best o[ my ability.
What about someone's stance or expression makes
them look like they are for trouble?
l don't kno1v.
Was he crouched in a threatening manner? Did he
Richer, Bcmhort & Probs!
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have his shirt sleeves rolled up looking lHe he
was ready to come in for a fight? What about his
manner and demeanor, sir, made him look like he was
ready for trouble?
J'ust --and I can't explain it any better than I
already have. flis stance, the way he was standing,
and his facial expression. His general demeanor.
And be was probably ready for trouble because the
people at the had waived his cover charge?
That might have explained some of that perception
on your part.
1 have no idea what you're referring to.
BROWNPELD: Strike that. Strike the
question.
Other than his general stance and demeanor as you
perceived it, did he say anything prior to you
talking to him that evidenced a hostile or:
unfriendly manner?
No, l didn't say that.
Had you ever left word for Mr. Harasim to not be
allowed j_nto the club?
No.
Had he ever been to the club before?
One occasion.
When was that?
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Grand opening.
On what date was the grand opening?
I'm not sure whenever the grand opening was. End
of February, early
Was the grand opening before or after the Boom Boom
Jackson story?
It was obviously before.
Was the grand opening before or after what you
believe to be negative pr.ess about you --
Well, the grand
-- had appeared in the Post?
Excuse me. '.l'he grand opening would be the first
night. I'm SOJ:J:y. So, he was there the first
night. so, all the negative press occurred
<lfterwards.
So, it's your. testimony that you don't believ Mr.
Harasim or the Post published anything negative
about you before the opening of the Nice-n-8. Z.
Club?
l didn't say that.
Nll'J'TLES Objection;
of the witness' testimony.
<By Ms. Brownfeld) Let's go back. Mr. Harasim and
his wife had been in the Nice-n-E.Z. Club on one
occasion prior to May 30, 1987.
Richer, Bamhorl & Probst
1100 SUITe. Ml00
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71316000300
Is that your
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testimony?
'l'o my knowledge.
And this was on the grand opening -- sometime at
the grand openi.ng sometime in February?
Yes, ma'am.
And it's also your testimony that the Boom Boom
Jackson story appeared after the grand opening?
Yes, ma'am.
Do you believe that ~ l r Harasim or the Post had
published negative articles about you prior to the
grand opening?
'J'he Houston Post had.
Had Nr. Hara sim?
fle printed so many, I lost track, lind J:' m not sure
of the dates.
So, it could be that there were things you were
dissatisfied about or had taken issue with
published by the Post and/orc Nr. Barasim prior to
the grand opening?
Well, there were things the Post had definitely
published in the yeaJ:S prior to that open.'Lng.
far as Mr. Harasim, I don't know. But he ~ 1 a s there
on my personal invitation.
Do you believe Mr. and Mrs, Hatolsim would have had
any reason to know that they would not be welcome
Richer, Sornhort & Probsl
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"OUSTON TEXAS 77002
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1
at the Nice-n-E.l\. Club prior to you coming up to
2
them and asking them to leave?
3
A good journalist would have figured it out, but he
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may not have been able to.
5
MS. Objection as
6 nonresponsive.
7 Q Xt's a yes-no question, sir. Do you believe that
8 Mr. Har.asim would have any basis to believe he
9 would be unwelcome at the club, the Nice-n-E.Z.
10 Club, prior to the time you him to leave on
11 May 30?
12 A l respectfully disagree that it's a yes or no
13 question. You know, you know things, Counselor, on
14
the basis of a lot of information. And you kno1v
8
15 things based on things that have happened in the
16 past. And he should have known as a good
17 journalist, as an intelligent person, that if you
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Wl'ite negative things about peopl<':' and lies about
19
people that probably you're not going to be "''elcome
20 in their home or in their business. So, he should
21 hove known that hB was into a possibly
22
uncomfortable situation for both parties.
23
Q Had you ever told anybody prior to May 30, 1987
24
that you didn't raul Harasirn in your- club?
25 A J: don't think so.
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When you initially made contact with the Harasims
were you moving your hands around or gesticulating
while you were talking to and Mrs. Harasim?
I often talk with my hands, but nothing different
than talking with my hands.
Would you describe your demeanor upon approaching
Mr. and Mrs. Harasim as calm, cool, and collected?
l was probably as calm, cool, and collected as you
could be.
How calm, cool, and collected was that, sir?
Just as calm, cool, and cOllected as I am now.
Let me say, so that you understand, the
reason that I'm so absolutely sure of that and that
the witnesses saw that also was because I knew that
the fact that he was a writer and that there was a
reason he was there, that anything X said or did
would probably show up in the paper. So -- and
having those couple of minutes to Wil.lk from the
bilck of the club to the front of the club gave me
plenty of time to say to myself: Dan, be very
nice. Be very polite. Be very calm. And I was
fine.
Do you typically resort to profanity while you're
in a calm, cool, and collectd state of mind?
You know, the profanity can be used in certain
Ricfler, B<>mflort & Probst
1100 MilA" 5Uir" >UO
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ways. And it was said not in anger or hostility
but more disbelief.
MS. BROWNFI>J.,p: I'm going to object as
nonresponsive.
Well, then my answer is, so that it 1s an answer to
you: I didn't consider what I said to be in thco
profane mannec. It was disbelief.
After you asked -- well, strike that.
After yoll told lt,r.. Harasim that be had
was it a lot of fucking coming into your
club?
Something like that.
What happened next?
At some point thereafter he said: Let's go outside
B!Jd talk about it.
How long ther.eafter?
Within the next sentence or phn:ISe.
so, there was not another exchange? 'l'hat '-'as his
response?
I didn't say that. You keep trying to put words in
my mouth. I said sometime thereafter, I'm not
sure in there was another exchange or another
sentence or what. But shortly thereafter he said;
Let's go outside and talk about it.
Do you remember any other conversation between your
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statement and the time he said: Let's go outside
and talk about it?
l don't recall.
What did you say when he asked if you-all could go
outside?
Okay.
What happened next?
We turned to go outside. J. walked to the door,
which only a couple of pacerJ away, held the
door open, his wife went out first, he went out
second, and X followed him out.
Was anything else said?
No.
l'lhat was the first thing that happened when you-all
got outside?
Stepped outside. And we turned to t:he and
paused. And I had gone outside with him -- in the
way he had phrased that, I had gone out the
assumption that it was a peacemaking gesture on his
part. Because it was noisy and the music was loud,
let's go outside and straighten this out. And that
was my thought going out.
So, we got outside and stopped. l'lnd 1
1
m
not sure who spoke first, but 1 said something to
the effect of: Paul, you what is your
Rkher, Barnhart & Probt
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problem"? You know, why are you writing these
things?
And he didn't understand. What problem?
X brought up the Boom Boom Jackson article. And we
kind of walked and talked as we went down the
sidewalk.
How far from the exit/entrance were you when
you-all stopped for the first time?
We were right within a foot or so, just out of the
way of the door.
Was Mrs. Harasim on Paul's left side or ri.ght side?
Slle was behind him. I wouldn't characterize it
right or left.
She on the other side of him.
Was he shielding her from you, i.e., was she
i.mmediately behind him?
I don't know what the word "shielding" means, the
way you're using it.
But I was .osition A, he was
Position B, and she was Position C.
Well, maybe i.t would be easier -- and 1 you've
done this many times before --
Yes.
If you can help me.
X'll draw it all out for you.
of time.
would help everybody.
Richer, Barnhart & Probt
'IQQ MII,A"1, $<],0 42C0
I<OUSTON, TEXAS 77002
Xt will save a lot
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A There's your main door. Started out at the X.
Q Why don't you just label yourself as Dan?
A D, P, and W, for wife.
Q That's your wife?
No, that's his wife. ~ y wife wasn't outside.
Q r wasn't sure if you were using both initials for
you.
A No. D is Dan, P is .t'aul, and w is Paul's wife.
Q That was -- and if we can use a black pen to circle
this. .rhe circle I'm going to label No. 1 is the
first spot that you and the Harasims stopped, and
you asked Paul what was going on?
A Yes. What was the problem, yes.
Q How long did the conversation last where you-all
were standing in that spot?
Jl. A couple of seconds.
Q Nhat did Paul respond when you asked him what had
been going on?
A Something to the essencE' of, you know, what are you
talking about? What's going on?
Q He seemed incredulous.
A Yes.
Q 'l'hen what happened?
A r. f!aid: Paul, you know, thB articles you have
written, you know, the lies and the Boom Boom
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Jackson story.
And as we walked -- we kind of shuffled
down a little bit further keeping that same
position.
Did h0 turn his back to you, after you
speaking, in an effort to get away fro1n you?
No.
We kind of were walking and talking. You know
like people would walk down a hall or something.
She was kind of leading on, you know. And I was
kind of walking and talking.
l'ls you all were walking away from the entrance/exit.
way of the club, was Mrs. llarasim in the lead?
Yes.
The position stayed the same all the WilY
Did you continue to gesticulute while you were
talking to the Harasims?
Somet:imes I talk with my hands; sometimes I don't.
I don't know.
Do you remember.?
Well, I remember his testimony was not correct that
he gave in the deposition:
I was poking him. That
never happened.
MS. BHOWNFF:LO:
I'll object as
nonresponsive.
Po you remember what you were doing, sir?
l remember that I wasn't poking him in the chest.
'IQO M I!,AM_ 4200
O<OUSTON, TEXAS 77002

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question was: Were you continuing to
gesticulate and move your hands around as you were
talking to the Harasims?
l think I was talking like with my hands open.
Were you talking in a quiet voice, or was your
voice raised at all?
It was quiet. Like we're talking now.
This same tone of voice was being used?
have been a little louder but not much.
You t raising your voice at all?
No.
'l'hat' s your testimony, sir?
'J.'hat'.s my testimony.
How far did you walk before you stopped again?
A couple of paces .
Three feet?
Three feet maybe
Could you mark for. us --
'l'his about the second spot, is what I'm saying.
Could you matk for. us the confi_guration of how you
all standing when you stopped on the second
occasion?
'l'he configuration never changed.
so, when you stopped on the second occasion, could
you draw n circle and just diagram it for n1e again
Richer, Bomhcrl & Probst
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and put a 2?
Okay.
Could you put a D, a P, and a W in the
configuration that they were?
There's one there. D, P, and w.
What occurrt.ed when the group stopped on the second
occasion?
something that was said to the effect of -- you
know, we were talking about the Boom Boom Jackson
thing. And I said: Paul, you you diDn't
have to pLint that article. When you did, you
<lidn't have to rush to a deadline. You could have
gotten my side of the story.
He said: Well, I tried to call.
1 said: Well., I was out of the country.
I said: You know, again, you shouldn't have
printed it without the facts. You know that it
wasn't true. One of these days those kind of
stor.ies -- something to the effect: One of these
days you're going to get sued over a story like
that if you don't watch it.
What was his to that'i'
Basically that 1 was -- you know, wh01t are you
talking about? I tried to contact you, you know.
I had all of my facts straight.
"00 MILAM, SUIH 0200
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get a little defensive at that point.
Q By the time you had stopped on the second occasion,
had you touched Mr. or Mrs. 1-larasim?
A I had never touched them in that: evening, period.
Q What happened next after this exchange? Did you
continue walking down the sidewalk?
A We shuffled a little built more k<ceping our
positions, D, 1' and W -- Dan, l'aul, and wife. And
three.
And somewhere aftec I said, you know,
:raul, you know, one of these days somebody is going
to sue you, and, you know, he was getting a little
huffy and puffy, you know, within a blink of an eye
he just exploded and hauled off and hit me,
Q Had you used any profanity at any time after
leaving the club?
A Absolutely not.
Q Is it your testimony that the only profanity you
used was the one statement you've testil:ied to
already?
11 Absolutely.
Q Bad you at any time raised your voice at this
point?
A Absolutely not.
Q What was the first thing, when you say Mr. Harasim
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exploded, that he did?
He said something to the effect that "you're a
fucking ass hole" and hit me in the face.
!low did he hit yOil in your face?
With his fist.
Could you show us? I mean was it a full fist or
the side of his arm?
No, it was a full fist.
Did you see that punch conLing?
I mean, I it. If I had seen it coming, I would
have ducked. No. I mean, I saw it hit 1ne; but I
didn't expect it.
What happened he hit you?
It busted my glasses and cut my eye and my eye
filled up with blood and I really couldn't see for
that moment. I was absolutely stunned. J mean, I
shocked --
Which eye was hurt? I'm sorry. I didn't mean to
interrupt.
'l'hat's all dght. I "'as absolutely stunned because
lie were having a conv(.rsation like you and I are
having now. It would be like you jumping over the
table at me. And I kind of stunned. And my
glasses fell off. Instinctively-- 1 didn't think
to hit him back. Instinctively 1 IHont to r.each --
Richer, Bemholf & Probst
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looking for my glasses; and as I did, he shoved me
to the ground and started kicking me.
many times did he kick you?
Once I felt, and I think he waved at me another
once or twice. Whether he made contact or not, I
don't recall.
did you look over your shoulder to see that
he tried to hit you again?
Yeah, he had pushed me back up against the
car and down. And I was down .like this. And 1
could see, but I was looking this way. And that
eye was full of blood because 1. couldn't see that
well. But he w<ts standing there going beserk. A11d
his wife is screaming and yelling at him and trying
to grab him around his waist getting him to stop.
What was bis wif!.' saying?
"l'au.l, stop. Let's get out of. lwre."
What was he saying?
"l'm going to kick your ass all the way to Dallas,"
something like that.
Where did he kick you?
In the back of this leg.
Hack of your left leg?
Yes, ma'am.
On the thigh?
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uh-huh.
Could you tell which part of his foot he kicked you
with, i.e., his heel or the ball of his foot?
I don't know.
And it's your testimony he kicked you once?
1 remember feeling ono kick that hurct. And I know
that I had one big bruise.
And be may have -- I
know he tried to kick; but I don't know if he made
contact, if he brusheO n1e, or if he just kind of
waved and missed. I'm not sure.
Did anybody describe him trying to kick you to you,
maybe that's how you're remembering it; or do you
have a sense of you remembering it happening?
No, because at that point the1:e was an awful lot of
fear in my soul because I realb:ed I w;;os dealing
with someone who was out of control and I realized
I might have to get in a fight with him. And that
was the last thing I wanted to do.
MS. Bl<OWNJ.'EI.,P: I'm going to object to
that as nonresponsive.
How were yoll from the entrance/exitway? And
this door, I'm assllming, is an entrance and an
exit.
Yes, ma'am.
How far were you from that doorway when the actual
Ri,her, Bomhort & Probs!
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altercation took place?
Not very far. 10, 15 feet.
Could you label that for us, please?
You want me to put 10, 15 feet?
fine.
And I'm estimating here. Not far.
What happened ne>:t?
As I was down on the ground, 1 looked up -- and to
my knowledge there no one else was out
except the three of us, because no one had walked
out with us that I was aware of, And when I looked
up, I saw these two people standing right behind
Paul.
Who wer.e those people?
It turned out to be David and Laney. And J' looked
up and r said: Did you S!.1 that? And they said:
Yes. And I said: 1-lould you be a witness or would
you t-estify in court, or something to that effect.
What prompted you to say that., !4r. Patrick?
Because r didn't want to fight, and l felt it would
be better to get a day in court. That was the
right thing to do, and not get in a big fist fight
there. And I knew that it would only come out in
the paper that. he and I got in a fight and I would
look like the loser. And th<lt's wh<lt he was ther.e,
Richer, llarnhart & Probst
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I think, trying to provoke.
And I was very happy
that r saw two people who were total strangers
standing there that I hoped had seen what had
happened because that would vindicate me and I
would be able to go to court and have someone say:
Yes, this is what happened.
So, it was the first
thing I thought of.
It seemed the right thing to
do.
Q What happened after you made these comments to Ms.
Sneed and Mr. Bar.nes?
l?aul. spun around, shockeil that someone had seen it,
and said: Did you see that? He hit me
To which they said: He never hit you.
l!e never touched you. We'll testify in your
defense, or we're witnesses to that.
And then his wife grabbed him and they
ran off to their car.
Q Were they running?
A Yes, they running.
were scared.
Q What did you do next?
A Then I tur.ne<l around and saw Shar.magne Taylor
behi.nd me.
I'm not sure when she came out the
door. And she said: I saw everything, too.
So, we had three eyewitnesses that saw
everything that happened. And I said:
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police, or call 911. I'm not sure which phrase I
used.
And I just instinctively ran down to the
end of the sidewalk -- as I found out
later, you know, their car apparently was back
here. 'J'hat' s where they were running to. And just
kind of in the shock -- because I was just in
shock to get their license number. Why, I don't
know. I mean, obviously I knew where he worked and
how to get ahold of him. And I ran to the end of
the parking lot. And by that time they were
pulling away, And I said: Stop. J want to get
your license number. And she was driving and she
gave me the finger and sped on by.
Did anybody else see her give you the finger?
I don't think so
When you say she sped on by, how fast were they
going?
If T hadn't of gotten out of the way, she ll'ould
have ru11 over me.
Do you think she tr.ic<.'l to run you over, Mr.
Patrick?
No. But I think she was frightened; and if I
.;;ouldn' t have gotten out of the way, she could have
accidentally.
Richer, Bornhort & Probl
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1 Q
Could you initial the corner of what l'm about to
2
mark as Deposition Exhibit 4, if the court reporter
3
doesn't mind me getting in usurping his domain.
4
(Patrick Exhibit No. 4 marked for
5
i dent if: i cation J
6
BROWNFELD: Let's take a break.
7
(Short Recess)
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MS. BROWNn;r.,D: Mr.. Patrick, at this time
9 I'm going to pass the witness.
10
11 EXANlNA'I'ION BY MR. KOURY:
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Goeb, my name is Frank Koury, ancl I represent
the Houston Post in this case, along with Carol
llutner. Ns. Butner is in trial on another matter.
She is lead counsel; but in her absence, I'll be
taking your deposition.
Before we begin, Mr. Goeb, I would like
to get a few agreements with you.
Pirst of all, if you don't understand my
question, will you please stop me and ask me to
<:l<Hify before you attempt to answer it?
Yes.
And just so that we have a clean L-ecor.d and the
ladi.es and gentlemen of the jury will not get
confused, I'm going to ask you to let me fini.sh my
Richar, Barnhart & Probs!
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question before you attempt to answer it. And I' 11
attempt not to interrupt you while you're
answering.
Okay.
Mr. Goeb, before today's deposition, :r assume you
met with your attorneys at some point to discuss
the Sl\bject matter of your testimony,
You mean since the last time we met and today?
Let's break it up a little bit. Before the last
time you did meet with your attorneys to discuss
the subject matter of your testimony.
l don't think we really did, to be honest with you.
So, you clidn't the subject matter of your
testimony with either Mr. Nettles, Mr.
Welch, all of whom were at your previous
deposition?
Before that depositi.on?
Yes.
I don't r.Gally thi.nk so.
Prior to the time you retained Mr. McLain and his
colleagues, you did discuss the Bubject matter of.
the lawsuit with them?
Well, X told Lee why I was there and wh<1t I wanted
him to do and told him the facts of the case.
lind you told Ns. Brownfeld, Mr. Goeb, that you had
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met with the Assistant District Attorney on at
least two occasions, as best you could recall,
priot- to the criminal trial which arose out of the
same incident with Mr. Har.asim.
Is that correct?
Yes, sir.
And in those two occasions you did discuss your
testimony with the Assistant District Attorney?
I'm not trying to split hairs, but the way I'm
interpreting the question is the way you're
phrasing it. Did we go over our testimony? No.
We met and we talked about the facts of the case.
And l see a little difference there.
Okay. Fine.
!!!::. Goeb, your name has not been legally
changed to Dan Patrick, has it?
Other than "Mr. Goeb" and "Mr. Patrick," have you
been known by any other assumed names?
Not tllat I'm aware of:.
Wer<m' t you known as Danny Scott when you were a
disk jockey in Baltimore?
Yes.
And you took the name Dan Patrick when you worked
in Wilkes-Barre, Pennsylvania? Is that when you
first used the name Dan Patrick?
1100 MILAM. 5UITE 4>00
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A il ke s-Ba r. r e. Right.
Q !lave you reviewed any documents prior to today's
deposition?
A No.
Q Let me clarify that question. Have you reviewed
any documents since the filing of this civil
lawsuit that relate to this lawsuit?
A No.
Q Have you any testimony?
A I looked at it from the criminal trial. I think I
.looked at Harasim's testimony. I'm not sure.
seems to rne I did.
Q Is it your testimony you only looked at t1r.
Harasim' s testimony?
A I'm not sure. I think I did.
Q 'fhis is the only lawsuit you currently have
pending?
A Yes,
Q And you're not sure if only Mr.. Harasim's testimony
what you r.eviewed prior to today's deposition?
I just want to make sure I understand you, Mr..
Goeb.
A I know 1. didn't review mine, and I diCln't review my
wife's. But I think l reviewea Paul's because I
wasn't able to be there, and I wanted to see what
>oOUSTON, TLXAS 77002
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1 he had said.
2 Q Just to clarify for me, you reviewed !4r, Harasim's
3
testimony from the criminal trial?
4 A I think so, yes.
5 Q
Did you Mr. Harasim's testimony from the
6
deposition that was given in this case?
7 A No, sir.
8 Q You attended that deposition. Isn't that correct?
9 A Yes, sir.
10 Q You testified at the first session of your
11
deposition a while back that you had had your
12 deposition taken once before but you couldn't
13 remember in wlw.t connection that was with. Have
14
you had any refreshing of that recollection since
15 the earlier deposition?
16 A It seems to me 1 testified to in the first
17
deposition is-- the qu<estion was had I ever had my
18 deposition And we talked about this case or
19 at any time. And I think r answered yes just
20 because I thought I had. But I wasn't sure of the
21 specifics, and I'm still not.
22 Q Mr. Goeb, I want to make sure that -- I don't want
23
you to speculate or to answer yes just b<cause you
think that's what I want to hear in this
25 deposition.
If you don't ktlow, tell me you don't
Richer, Bamharl & Probst
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know.
Is it my understanding that at the first
deposition, do you have a recollection as to
whether your deposition was taken before?
On this case?
No, in any case.
I think my answer is still the same. ls that I
think sometime X may have had-- I'm not sure if at
times I gave a statement or. deposition, you know,
how legally it was defined, So, I'm not StHe.
Do you recall in any other case, other th01n the one
that arises out of the incident -- and I would like
to have a method of referring to the !la,y
30, 1987 incident at the Nice-n-E.Z. Club
you and Mr. Harasim. lf we could refer to that l.ll
a shorthand 111ethod as "the incident." Is that
agreeable with you?
Yes, sir.
Other than that incident, have you ever given your
testimony before a court reporter in which you were
sworn, in a setting like this, to the best of your
recollection?
'l'o the best of my recollection, l think l have; but
J:'m not sure what it pertained to.
Do you know on how many occasions, to the best of
Richer, Bmnhmt & Probst
MILAM. SUITe 4200
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your recollection, you would have given a
deposition?
No, sir.
Can you estimate?
be, I'm assuming I did once, maybe twice; but
I'm not sure.
So, you're telling the ladies and gentlemen of the
jury that an event as significant as giving a
deposition, you can't even tell them what the
subject matter of that deposition was?
J\gain, I'm not sure that I know with a deposition
is now. I'm not so sure that at a prior time if I
sat down with an attorney on as many m<Ltters as X
have been involved in, if statements were being
if it was a definition. J'm just not sure.
so, the answer to my question is: No, you can't
tell the ladies and gentlemen of the jury. Is that
correct?
Yes. I can't tell them for sure.
Now, before we get into some of the substance of
the incident, I want to explain to you, sir, that
my questions are not designed to embarrass you or
to pry into your personal business any n10re than I
have to. I'm trying to do my job. We repr.esent
the Post and you've sued for a substantial a1nount
Richer, Somhor1 & Probst
1100 M<LAM, "UIT" 4200
>!OUSTON THAS 77002
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of money. Do you understand that, sir?
A Y0s, I do.
Q And if at any time you want to take a break and
discuss your testimony with your counsel, please
let us know; and we'll be happy to accommodate you.
Okay?
A Okay.
Q You told us th01t your first marriage ended in
divorce the last time we visited. Is that correct?
A Yes, sir.
Q And you were married to Diane Johnson. Is that
correct?
A Right,
Q And tile domicile of that marriage was Maryland?
A Yes, sir.
Q Do you know how to get in touch with ~ s . Diane
Johnson at this time?
A Not the faintest ide<l.
Q 'l'here were no children produced frolll that first
. 7
mnr.r.1age.
A No.
Q Was then any alimony?
A No,
Q When WOlf; the last time you spoke to Ms. Johnson?
A A couple of years ago.
Rid1cr, Bomhorl & Probst
1100 MIL'M SUITE 4200
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To your knowledge, does she still reside in
Maryland?
Yes.
Where in Haryland did she reside?
That I'm not sure. It was somewhere around
Baltimore.
Was that the domicile of the marriage, Baltimore,
when you were married?
No. It ~ a s Glenburnie, G-1-e-n, one word,
b-u-r-n-i-e.
Have you evex- served in the military, sir?
No, sir.
Have you ever been arrested?
No, sir.
Your attorneys explained to you -- just to make
suro you understand what a deposi.tion ir; -- that
you're sworn to tell the truth and that your
answers and the questions will be typed in booklet
form and can be used both for you and against you
at the time of trial in this case. Do you
understand that?
r. understand.
Have you personally been a pa(ty to any other
litigation, you personally?
l'he only -- you menn that I have br.ought suit
1100 MICAM. SUI'r" AO<JO
>IOUSTON, HXAS 77002
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against someone?
Or suit has been brought against you. You did tell
us about the car accident case. Is there any other
incident t h < ~ t you c<>n remember since the l.ast time
we visited?
Not that I have been personally involved in.
Why did you leave Channel 11, sir?
lt was just a personal decision. I was tir<'ld of
the rigors of sportscasting. And I had opened a
restaurant, and that was taking a lot of my time.
And had my -- a substantial amount of my personal
savings in it, and felt that was more important at
the time.
So, you had opened a restaurant prior to your
leaving Channel 11?
Yes, sir.
What type of contract did you have with Channel .ll?
The only thing that X can -- t.he best r: can tell
you 1s: When I tesigned, I still had six months
left on my contract.
When did you resign, to the best of your
recollection?
March '84.
How long was the contract for? What was the period
when you initiated and negotiated the contract with
1100 MILAM, 5W11'" <200
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Channel 11?
I think that was either the end of the third year
or the end of a five-year.
We had renegotiated it
once, r. think, during that time. I'm not sure what
the length was. But there was -- television
contracts, they can sign you to a ten-year contract
and you're bound to them; but they can let you go
every 13 weeks, is a typical contract. AnO l h<ld a
little bit better than the typical contract. I had
a six-month guarantee.
To the best of your recollection you had a three-
or tive-year contract with Channel 11?
Yes, sir.
Were yoll paid for the six months when you resigned?
No.
ls it a fair charactei;ization to say you
voluntarily resigned from Channel 11?
Yes, it was my decision.
And in your opinion was it an amicable
Yes.
And yollr supervisor at Channel 11 was Tom Kelbs.
Is that correct?
No. Well, my supervisor was Tom Kenny.
lots of middle management people that really aren't
impoLtant, because you have a contract and that is
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with the general manager. 'I'om J{elbs was my
immediate news director but not a supervisor..
\'lhat was Kenny's position?
He was general milnager, either vice president or
president.
Are you currently involved in the restaurant
business?
No, sir.
ls it fair to say that all of your restaurant
ventures were unsuccessful financially?
No. The Spor-tsrnarket hung in there, the on<.' in the
Village.
When you refer to the Sportsmarket, M ~ Goeb, jur;t
so the ladies and gentlemen of the jury are clear,
you're referring to the particulaJ: SportsmarJ<.et in
Rice Village?
Yes, sir.
ls it fair to say that the only one of your
restaurant ventures which VIas economi_cally
successful was the Sporctsmarket in Hice VilJ age?
Well, Robei:"t Reid's Nice--n-E.7.., l believe, was in
the black or close to the black at the time that
Robert Reid decided to step away from it.
When did you get out of your involvement with the
Sportsmarket and Rice Village?
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December or January of aa-89.
Why did you get out of that?
I was going into a different business.
Did you 01m an interest at that time, in December,
January '89?
Yes, I did.
1\'ho did you sel 1 the interest to?
Well, we didn't really sell it.
It was given up to
the landlord so that another business could take
it. It really wasn't a salable ventllre. So, we
just stepped away from it.
If I understood your testimony when Ms. Brownfeld
visited with you, you didn't know whether or not
the Nice-n-E.Z. Club was either in the black or the
red at the time of the closing. Is that correct':'
At the time we closed we in the red.
So, your testimony is that at the time Robert Ried
decided that he no longer wanted to be associated
witb Nice-n-E.Z., you don't know whether or not it
was in the red or the black. Is that a fair
statentent?
Yes, that's a fair. statement.
ll.re the books and recor.ds of still in
existence?
l'm not sure.
Ricfler, !lamflart & Prabs!
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Q Did Nice-n-E.Z. have a document destruction policY
as far as you're awai"e?
A A document destruction policy?
Q Yes. Did you have a policy of documents
for, let's say, 10 years, which is sometintes
customary in business?
A No.
Q When is the last time you had occasion to look at
th<'l records books and records of the
Nice-n-E. z.?
A I don't recall.
Q I assume those books ana records were made
available to the successor corporation.
A There was none.
Q Educate me, please.
A Okay.
Q Who, to the bent of your knowledge, has the books
and recor:ds of the Nice-n-E.Z. Club?
A I don't thl.nk there are any.
Q were there ever <lny?
A Yes.
Q Wen" they in existence at the ti.me this .lawsuit was
filed?
A Yes.
Q Who destroyed those records?
Ricfler, Barnhmt & Probst
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I didn't say they were destroyed. l don't know
where they are.
Whose custody were those records in at the time
this lawsuit was filed?
Either Ron lh;iggs, the accountant, or ourselver>.
Mr. Patrick, you understand your. duty as plaintiff
in this lawsuit to be able to prove the damages you
claim in it? Do you unden:tand that?
Yes, sir.
Nr. Goeb, I want to visit with you briefly
regarding your medical history.
I just want to
make sure we are aware of all of your
hospitali7.ations and doctor visits since you've
been in Houston, since there is a claim for both
medical damages and an alleged claim of intentional
infliction of emotional clistress in this case.
You told Ms. Brownfeld that you visited
Dr. Tschudia in Rosewood llospi tal. Is that
correct?
No. r said r. visited Rosewood Hospital, but Dr.
Tschudia was my-- we don't have a personal
physician, but the neighborhood doctor.
And Rosewood ws where yo!' went on the evening of
May 30, J987, or the following morning?
Yes, sir.
Richer, Bornhort & f>robt
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Do you know who the treating physician was at
Rosewood Uospital?
No, sir.
Did you have any follow-up care at Rosewood
Hospital after the incident in question?
I don't think so.
Did you have any follow-up care with any treating
physician after the incident in question?
1 went to the dentist because my jaw was sore, to
see if there was any damage.
Which dentist was that?
Gary Williams.
What did Dr.. Williams tell you'?
He took x-rays and they were negative.
Was that one vi.sit to Dr. Williams the only dental
visit you had that waR caused by the incident in
question?
To my knowledge.
When was, to the best of your recollection, the
dentist visit with Dr. Williams?
Very shortly thereafter. the incident.
shortly thereafter?
I don't know.
Within a week?
I don't know.
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Within ten days?
l would glH:oss, yes.
You got to Rosewood Hospital the night or the
morning the incident in question by yourself.
Is that correct? You drove yourself?
Yes, sir.
were you given any medication at Rosewood Hospital?
I Know that question asked earlier, and I'm
just not sure.
Do you remember how much the bill was at Rosewood
llospi tal?
I'm not sure.
Do you know who paid the bill?
I guess 1 did.
Are you telling the ladies and gentlemen of the
juty that you cannot even estimate the amolmt of
the hospital bill that precipitated by the
incident which forms the basis of this lawsuit?
When l: was hurt I wasn't thinking about the cost at
the time. I didn't pay attention.
I understand, The answ<n to my question is: Yes,
you cannot estimate it?
1 cannot estimate.
You told Mo. Brownfeld that you bad seen Dr. S.
Kramer, psychiatrist, in the past.
Richer, Bomhcrt & Prcbst
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correct?
Yes, sir.
And that he prescribed 'l'ofranil, which is an
antidepressant, or Amitriptyline?
Yes, sir.
Do you recall how much milligrams per day you were
taking?
No, I don't.
Po you recall when the first time you were
diagnosed as having a chemical imbalance?
'81 or '82, I guess.
Did any doctor tell you that you could get off the
medication, or did you dec.ide to get off of it on
your own?
I believe it was mutually agreed upon.
Who's the doctor that mtltually agreed upon that
with you? Is that Dr. Kramer?
It might have been. It might have been Tschudia,
but probably Kramer.
Just so your testimony is clear, you don't knDI>' if
on the night of the incident in question whether or
not you v1ece takin9 'l'ofJ:anil.. Is that a correct
statement?
Correct. I dan' t recal.l.
Now, you've taken l,ibr.ium in the past, haven't you,
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1 sir?
2 A No, sir.
3
Q If the medical records that obtained in this
4 cane indicate thilt you have been prescribed
5
I,ibrium, you wouldn't question that, would you,
6 sir?
7 1\ rf I have ever taken Librium, it has not been to my
B knowledge.
9 Q Sir, you testified briefly regarding a stay at
lB Spring Shadows Glen. And again I'm not trying to
11
embarrass you, sir, or to get into your per<Jonal
12 business; I'm trying to develop the facts that we
13 need to defend this l<niSllit.
H I'm not embarrassed. Go ahead.
5
15 Q Do you recall approxinlately when the date of that
16 hospitalization was?
17 I just don't remen\ber. Sometime late '84 or early
18 '85 possibly.
19
Q Do you recall if it is close in time to the
"
Jackson controversy at work?
21 A It was considerably afteL- that.
22 Q llgain, I want to make sure I understand your
23 testimony. The only thing that you testified that
24
you di<l at Spring Shadows Glen, the only treatment
25
that you said you received, i.f I understood you
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was that you rested the entire time you
were there. Is that correct?
That's absolutely correct.
So, you're telling the ladies and gentlemen of the
jury t:hat a doctor incurred the cost of
hospitalization to put you in a bed for you to
sleep for seven to ten days. Is that cor-rect?
He didn't incur the cost; I did.
Well, he indirectly incurred the costs, wouldn't
you agree, by agreeing to admit you to the
hospital? ne incurred them for you?
I guess. J wouldn't describe it that
But is that a fair statement of your testimony that
that's what the doctor did: He put you in the
hospital for seven to ten days you slept?
Yes.
Theno was no biofeedback training?
No. I absolutely did nada. You know, there may
have been something I don't remember. Ilut, you
know, I did notiling but sheep, sleep, sleep.
not take part in anything that I can recall.
'l'ilere was no group therapy?
No.
No individual the1:apy?
No.
Richer, Bomhm1 & Probt
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Did your wife come visit you?
I think I was allowed visitors.
r. think that
was the point of being there.
Did you think that was a significant event in your
life, sir?
Yes.
And that's all you can recall. about it? And as I
understood it, you were there for seven to ten
days. Is that correct?
J can't honestly tell you how long l was there.
could have slept five days and not known it, to
be honest with you. I would have to go back and
look at the records,
Do you remember in December 1983 -- strike that.
Just so we make sure, that's the full
extent of the knowledge you have regarding your
stay in Glen Shadows Glen in late 1904, is what you
testified to. Is that corn,ct?
Yes, sir.
Is it fair, in your opinion, to say that you
suffered a nervous breakdown in late 1984?
Have you ever told that you were on the
verge of a nervous breakdown?
I don't think so.
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If we have medical records which indicated that you
told physicians that you felt like you were on the
verge of a nervous breakdown, would you question
those records?
Yes, I would question that.
You went to St, Joseph's llospi tal in December 1983.
Is that correct?
I don't recall. You'll have to tell me.
You don't recall the date?
I don't even recall going.
You don't recall going to St. Joseph's Hospital at
all, in the emergency room?
December '83 --I went to St. Joseph's for food
poisoning. Now, December '83 means nothing to me.
X believe-- is st. Joseph's the one here
Sir, for better or worse, I'm not unde1: oath; and l
get to ask the questions.
I was just trying to clarify it.
1 honestly don't know.
Neither do l.
Do you recall telling the emergency room that you
had been out of Tofranil for two days prior to
going to the emergency room and you were concerned
and wanted your psychiatrist called from the
hospital?
Ri<hcr, Samhart & Probt
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I don't recall anything about it.
So, you don't renlember that at all, do you, sir?
Now that you say December '83, that would make
sense because we opened the restaurant in October
or November of '83. And we were having a big party
there that night, And we ate at the Hyatt
downtown, and I was taken f.rom the Hyatt to St.
Joseph's or the closest hospital.
Was anybody else in your dinner patty taken to a
hospital that night?
I don't thi11k so
If I told you your medical records reveal that that
evening in St. ,lost.Oph' s Hospital you were taking
300 milligrams of 'l'ofranil a day, would that
refresh your recollection?
No.
Have you ever been told whether 300 milligrams a
day of Tofranil was a high dosage?
No.
Do you whether Mr. Hatasim has a chemical
imbalance, sir?
No.
Have you evet- heanl that, that he has?
No.
Do you know Mrs. has a chemical
Richer, Bamhmt & Probt
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169
imbalance, sir?
A No, sir.
Q Have you ever heard anything about that? Has
anybody ever told yoll that?
A No,
Q ln 1982, more specifically on June 8, 1982, did you
go into a hospital for fatigue and to rest for a
while?
A Yes.
Q Which hospital what that?
A l believe Memorial City.
Q Who was your treating physician for that hospital
stay?
A Kramer and/or Tschudia. I'm not sure.
Q How long did you stay there, sir?
A I don't remember.
Q Approxim!ltely how long?
A I don't remember. A week, two weeks. l'ln not
sure.
Q Wat> this a significant event in your life?
A No,
Q Checking into a hospital, Memorial City Hospital,
for fatiguB anc1 leaving your employment was not a
significant event in your life? I just want to
make sure I understand you, sir.
Richer, Barnhar1 & Probs!
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MR. NE'l"fLES: Objection; asked and
answered. And I don't think it's necessary to
argue with him about it.
r already answered.
(By Koury) 'l'he anSW!H to my question was no?
Yes, sir.
And you had to take off work to do that?
Yes.
Do you currently drink alcohol, sir?
No, not really.
When you say not really, what do you mean?
I might have if I drank a six-pack of beer a
year would be a lot.
If I had three or four nights
a year whore I had something to drink would be a
lot. So, I would say no.
Very little.
Has that been the pattern of your alcohol use
throughout your life?
Yes, I would say,
might have been some times
I drank a little more; but, no, never mucll of a
drinker.
liven in your college days back at the University of
Maryland you consumed about a six-pack a year?
You may find this hard to believe, but I have never
had a cup of coffee in my life, never smoked a
cigarette in my life, and I really don't drink.
Rioher, Bornhor! & Probst
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llave you ever been treated for any type of
substance abuse?
Absolutely not.
So, your hospital stay at Spring Glen was
not related in any way to either alcohol abuse or
substance abuse. Is that your testimony, sir?
No. And l want make it real clear on the record
because I'm getting tired of being asked that
question. Absolutely not.
Do you know what a 12-step program is, sir?
Don't have the fal.ntest idea.
Other than Pr. Kramer, Or. Tschudia, your stay at
Spring Shadows Glen, your stay at Memorial City,
and your visit to the emergency room at St.
Joseph's Hospital your psychiatrist was
called, have there been any other
or doctor visits since you've been .i.n llouston?
Except what I testified beforo. Got a cactus thorn
in my leg and broke my wrist. X don't think
there's been anything else.
Have you ever been hospitalized outside of Houston?
Excuse me. You mean prior to moving here?
Yes, sir.
Just when I was a kid.
What was that for?
Richer, Bcmhcrt & Probt
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Broken bones.
Other than your two hospital stays for fatigue and
emotional in Houston, have you been
hospitalized outside of Houston for similar
problems?
I didn't say that I was hospitalized fot emotional
problems. You slipped that in.
So, the answer is
""'
Mr. Goeb, you're doing just fine. And I'n1 glad you
corrected me li.ke that. I want you to do it. That
wa.sn't my intent.
Okay.
But it's your testimony that your stay at Spring
Gl0n was not for any type of emotional
problems even though you were admitted buy a
psychiatrist.
Yes.
And that's your testimony as to Memorial City.
that corroct?
'l'hat' s colrect.
Were you ever hospitalizeO in any hospital outside
of Houston because of fatigue, sir?
No.
When >laS your hospitali:r.ation for the b(Oken IHist?
I'm not sure.
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Do you have an approximate date?
Somewhere between 1979 and 1983.
Do you recall the treating physician was?
Just emergency ward.
And this be may have been asked, and I'm sorry if
I'm being r-epetitious. How was the tnist broken?
It was a charity run, il!ld I stumbled and fell..
To the best of your knowledge, tests were done
to determine that you had a chemical imbalance?
I don't
that determination that you had a chemical
imbalance made in a hospital?
I think that was the result of tests done at
Memorial.
Sir, have there been any other times with you've
been in a situation where contact was made
between you and another person, other than the
incident in question?
And other than we've alr.eady talked about in the
prior depositions?
.t don't to bG repetitive, but let's just talk
about -- list the ones that we've talked about
previously, if we could,
Alvin Jackson. In that incident physical
contact was made. Is that correct?
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A Yes, s1r. And Minnesota.
Q Those are -- I'm sorry.
I' And then we talked about a couple of instances at
the bar I've had to break up a fjght between
customers or. stop a fight. One incident where
someone insulted my mother, I had to remove him
from the club.
Q In speaking to the incident with your mother, first
of all, you don't recall who the employee was. Is
that correct?
A I can see him, but I can't place the name.
Q And that was a fairly significant event, wasn't it,
sir, that some employee of yours would use that
level of profanity with your mother. Isn't that
correct?
A Yes, r thought it was significant.
Q Who was the gentleman i.n Minnesota yoll were engaged
in --
A I don't have the faintest idea.
Q -- an altercation with?
A Just some cude person that almost pushed me on the
ground.
Q Do you (ecall an incident with Joe i;.QlJ!Jlli of
Channel 2, on or about April of 1986 in which there
was physical contact made between you and him?
Richer, Barnhart & Prabs!
'100 M1LAM, 4200
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Yes. I think we talked about that earlier.
But that was an incident where physical contact was
made?
Yes. I had just forgotten about it.
Do you recall an incident with Pete Raetz,
who is a cameraman for Channel 2, in
which physical contact was made?
You're talking about the same incident where the
two of them, they were drllnk and ripped my shirt
and my neck chain and customers had to get in
ther and of subdue them and protect me.
My question was: There was physical contact made,
wasn't there?
One way.
But there was physical contact made'/
Yes.
Do you r<'lcall an argument where physical contact
made at a championship fight between you and
New York Post columnist Dick Young?
There was no physical contact made.
Do you recall having an argument with him?
You have to llnderstand, you know, that's like
saying every time that you 1night get: into
objections and overllling objections .in court is an
argument with opposing attorney.
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176
repoJ:ters covering a press conference, particlllarlY
that of the Larry Holmes championship fight,
there's always jostling and hassling and get out of
my way and l want the storY and I want the
questions.
So, no, I wouldn't consider that-- the
Post -- lt me say this, since you asked the
question. The Post sure trumped it up to be that

see, Mr. Goeb, I'm just letting you answer as mucll
as you do1 but I'm going to l.nsist that you do
answer my question in addition to e)(plaini.ng it.
Okay.
You had an argument at the cbampi.onship fight with
New York Post columnist Dick Young, didn't you?
l said no.
Okay. I Oidn't hear you.
You didn't have an argument? You C!iC!n't
raise your voice, did you, sir"(
I characterized that as a no.
And if Mr. Young tells a different story, you
would agree with him?
I he's dead; but, yes, I woU1(1 disagree.
You said something critical about Dale Robertson
before on the air, didn't you, sir?
Yes.
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1 Q At the University of Maryland, I assume you took
2
journalism courses in addition to taking English
3 courses.
'
A Yes.
5 Q And you have some knowledge of the first amendment.
6 Isn't that correct, sir?
7 A Yes.
8 Q And a sportscaster or news writer, for that matter,
9 has certain first amendment freedoms. Isn't that
10 right?
11 A Yes.
12 Q One of those is the ability to express opinion 01:
13
critici.sm on the air. Isn't that (.'Orrect, sir?
14 A Yes.
15 Q Is it corr:ect that one of the things you criticized
16
Mr. Robertson for. was that he had an altercation
17
with Oiler quarterback Dan Pastot-ini?
16 A YGS.
Q Are you aware that Mr. Robertson had death threats
20
against him because of your air br:oadcant?
21 A l was told and it has been written by the Jlouston
22 Post that he had death threats; but how he
attributed it to me, I don't have the faintest
24 idea,
25 Q And in your opinion your commentary regarding Dale
Richer, Bornhort & Prnbst
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Robertson was protected speech under the first
amendment to the United States ,__onstitution. Isn't
that right?
I didn't say anything in that commentary to elicit
that.
Sir, my question is: rn your opinion, what you
said was protected by the first amendment to the
United States Constitution?
I'm not even so sure what I said.
ll.nd the part of
that which is the interesting part is that Dale
Robertson was on our station being interviewed and
we \Hlre the only station to have his side of the
story. And if he had death threats, it may havr;;
been by 11hat he said, not what l said, since we
were I gave him equal time.
I understand, sir. The incident that you report:ed
and your criticism of Mr. Robertson in your opinion
was protected by the first amendment?
I've never thought about it.
Well, let's think about it. 'J'ake as long as you
need.
In your. opinion, isn't it correct that what
you said was protected by the first <lnlendment.?
NE'l"l'LES: I'm going to object.
You're asking the witness to give a legal opinion
as to whether or not a stat0ment h0 made would be
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179
protected under the Constitution. Clear.ly he' a not
qualified to make any such opinion.
MS. I thought he was asking
his opinion as a journalist.
Q (By Mr. Koury) I am asking him based on your
opinion as a journalist. How many years have you
been in the business, sir?
A 20, on and off. I mean, I don't have an opinion.
I don't think about -- in those terms. So, I don't
have an opinion.
Q Was any of your employers ever sued because of any
type of broadcast you made?
A Not to my knowledge.
Q Did anyone ever threaten to sue you or any of your
employers based on a broadcast you made?
A Not to my knowledge.
Q No one ever threatened to sue you in your over 20
years of journalism?
A I don't think so.
Q Who is George Jenson?
A A photographer.
Q He's a sports photographer for Channel 11?
A Yes.
Q What is your relationship with him?
ll l don't really have a relationship with him.
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When was the last time you spoke with him?
I may have bumped into him somewhere in the last
f:Ollr years but really haven't spoken to him.
Do you consider your relationship with him cordial?
Yes.
Do you ever have any significant differences of
opinion with him?
We may have had a differ(>nce of opinion, but I'm
not sure what that n-reans.
Who is Paul McGuy?
I don't know.
You don't know a Paul, M-e-G-u-y, McGuy? NcGuy?
Now that we've gone through the listing of people
in which you've been involved in incidents where
there's been physical contact, do we now have a
complete list?
I don't know. You're providing the names.
Well, to the best of your recollction, sir, can you
think of any others?
J can't think of any others.
'l'o your knowledge has Paul been involved in
any incident other than the one with you in which
physical contact was made another person?
I'm aware that he's threatened to beat up some
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people.
Sir, my question and, Goeb, you'll have
all the opportunity to visit with your lawyer both
on and off the record, the questions that l don't
ask.
'L'he question I asked was: Are you aware
of any other incident other than the one involving
you in which Mr. l-larasim had physical contact
another person?
I've never studied his life. I don't know.
So, the answer to my question is No, you have no
knowledge?
I have no knowledge.
I would like to refer you to Dan Patrick Exhibit
No. 2, Paragraph VIII, entitled "Slander."
'J'he only individual you mention in that
paragraph regarding the oral statements that
Harasim made to certain :individuals is
Stebbins. Is that correct?
Yes.
Marty Stebbins is your best friend and business
partner. Is that a fair chcu:acterizati.on?
Yes, he's one of my better friends.
Approximately many customers, in your
estJ.mation, did Nice-n-E.Z. have over the
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approximately 4-1/2 years it was in business l' m
sorry -- 4-1/2 months it was in business?
Into the thousands.
Could you give us a better estimate?
10,000, 15,000. J:'m not sure.
And out of all of those individuals, you've given
Ms. Brownfeld the handful of names you can
who expressed a satisfaction with you regarding
this incident?
Xt's kind of like running an airline. You just
don't get to all of those passengecs by a
first-name basis; but, boy, you have hundreds of
them come on your plane every day.
So the answer to my question is: You gave Ms.
Brownfeld your best testimony as we sit here today
llllder oath regarding the individuals you can
renlember?
My best testimony under oath.
And when these unnamed people spoke to you, you
told them your version of the incident, didn't you?
Yes. Not in all cases.
Why wouldn't you have told them in all cases, sir.?
I got tired of hearing it, No. 1. I got tired of
defending myself, No. 2. And sometimes I didn't
have the time.
Richer, Bomhort & Prob1t
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So, you could have defended yourself and you just
chose not to. Is that your testimony?
No, sometimes I didn't have the time.
You didn't have time to take out two minutes to
tell someone who approached you and asked you
regarding this incident, you didn't have the time
to take a few minutes and tell them your version of
the story?
1 just gave you an answer.
The answer to the question was: No, you just
didn't take the time.
No, that wasn't my answer.
What was your answer, r;ir?
My answer was: Some I did, nome I didn't, and some
I didn't have time.
Some you didn't. That was my question.
And as you sit here today under oath, you
can't give us the name of a single person who
stopped frequenting your club because of the
incident in question. Is that correct?
You're missing the point. If they stopped
frequenting your club then you can't get their
name.
NS. BROWNFELD; Object as nonresponsive.
(By r ~ r Koury) Mr. Goeb, you have no knowledge as
Richer, Bornhort & Prob!
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~ e sit here today while you're under oath any
individual who stopped frequenting your club
because of the incident. l.sn't that correct?
ll No, I didn't say that.
Q Then give me a name.
A I juEJt explaine<l to you.
Q You gave me an explanation, sir. And I don't want
to argue with you. Wasn't your explanation why you
couldn't give us a name?
A Then don't argument with me, if you don't want to
argue.
Q I don't want to argue. I'm just trying -- and
we 11 let the ladies and gentlemen of the jury
decide this case.
A Counselor, I'm not the one that's lying1 your
client is. Let them decide. I'm all for that.
MS. BROWNI'ELD: Object to the comment of
the witness.
Q (By Mr. Koury) sir, under oath today -- and I'm
only going to ask it one more time.
A Good. I'm only going to a n s ~ e r it one more time.
Q Under oath today, you can't give me the name of a
si.ngle person that you know stopped coming to your
club because of thE' incident i.n question, can you?
A I expla.ined to you that I couldn't give you their
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name if they stopped coming because I wouldn't be
able to get tbeir name.
There. I have a clean record. Thank you.
But it's your testimony, sir, that the
on Rice continued to after the
incident in question. Isn't that correct?
l don't think I said that.
But it did, didn't it?
No. 1 think my -- if you' 11 recheck what I snid
earlio:n: was that from the time of the incident with
Harasim anO those articles, busi_ness continued to
decline.
so, the Sportsmarket on Rice also suffered a
decline in business because of the incident in
question. J:s that your testimony?
Yes, sir.
And I assume the Sportsmarket records are av<lilabh
and you have access to them?
Yes, I believe so.
you testified to as the decline in business
110uld also coincide with the decline in economic
times generally in Houston, Texas. Isn't. that
correct?
No; I would say we were starti.ng to maybe bounce
back a little bit at that particular point.
Richor, Bamhort & Probst
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What time -- when you say "we were starting to
bounce back a little bit," just so the ladies and
gentlemen of the jury and stupid me can be
educated, are you talking about the bar was
bouncing back or- the economic time was bouncing
back?
You will have you to get an economist in to tc<ll
us, but X think in May and Jtme of '87 we weren't
going down. I think we were starting to turlt
a round.
When you say we --
!'m not an economist, so I don't know.
But you had personal knowledge of the finances of
your companies?
Yes.
And when you say we were bouncing back, are you
talking about your. businesses or are you talking
about Houston generally?
rm talking about Houston generally.
You allege in your- lawsuit that Jay Ful.nks told you
to send an audition tape to Channel 2.
correct?
Yes, sir.
When ~ a s tbis?
It was in February of
1
87, I think.
Rither, Bomhort & f>robst
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Was it before or after the incident in question?
'l'he incident being --
Before.
--on 30, 1987. So, it was before.
And you told Ms. you didn't
think you taped the conversation. Is that correct?
I'm absolutely sure l did not.
Do you recall Jay Franks wrote an article and
publishe<1 an article regarding your sending the
audition tape?
lle wrote an article r don't know about s0nding
the tape; but he wrote an article about my
ilpplication for the job the next day.
Do you recall if he interviewed someone with
Channel 2 or quoted people from Channel 2
their position on your audition tape?
I think he did.
Do you have any reason to believe that t1r. Franks'
quotations from the people from Channel 2 was other
than accurate?
I wouldn't have any idea.
But you have no reason to believe that the quotes
are inconect, do you, sir?
I know those quotes to ne 1vere incor.rect, but l
have no idea what his quotes were to other people.
Rich<>r, Barnhart & Probs!
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How were his quotes to you incorrect?
Well, he called me telling me there is an opening.
1'hat Ron Franklin was leaving. Which I was totally
unaware of. I had been out of the business a
couple years and didn't know and didn't care. And
I had known that Channel 2 was very conservative
and wouldn't be interested in a colorful,
flamboyant sportscaster, At least that my
belief. hnd he said:
No, no, no, no --
Wait. May I just interrupt? You s.sid colorful,
flamboyant sportscaster. And that is you that you
are referring to?
sure.
And they like someone jtwt gives the
scores like they have now that will put you to
1 said: No, they're not interest-ed.
He said: No, I'm telling you, the guy
would like to get a tape, but he doesn't want to
call you, yon
And I remember like he called me five
minutes ago. He said: Well, I'm reading between
the lines. I' 11 never forget that line. r 'm
rea{ling the Jines, Dan.
you have an inside track.
RichGr, Bornhort & Prob"
IIOUSTON, TDAS 77002
7131600 8,00
Send them a tape 1
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Because I never would have attempted to
do it. I wouldn't have wanted to waste my time or
my money putting together a tape.
And then the next day the article is:
Dan Patrick is looking for a job. But reading
between the lines -- this same phrase -- reading
between the lines, he doesn't have a chance,
So, it was 180 degrees different from
what Jay had told me that day on the telephone.
And then the following day, the editor of the Post,
Lynn Ashby, wrote a crushing article about:
Please, don't let Dan Patrick back on television.
Which r found interesting.
Q What leads you to believe that Jay Franks wasn't
trying to help you out and trying to get you
employed at Channel 2?
A What leads me to believe that he wasn't?
Q Right.
A Ileca1.1se he told nw one thing and \irote another.
Q What Oid he telJ you?
A He told me that: Dan, they 1wulO like to get a
tape from you. ll.nd reading between the lines, I
think they would hire you. ll.nO the next day in the
paper it's: They're not
between the lines, Dan doesn't have a chance, to
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paraphrase that article. r don't have the ilrticle
memorized. I think we have copies of it.
So, it was just totally -- it was very
obvious that -- as writers often do trying to get a
setup on a story without being honest with you on
the phone. And then it was even more obvious
the very next day Lynn Ashby writes a column:
Please don't let Dan Patrick back on television.
You have to understand that I never
applied for that job, didn't even know about it
until tlHl llou,;ton Post made me aware of.
And you sent the tape voluntarily. Is that
correct?
With Jay's ur.ging, yes.
Do you still have a copy of that tape?
l think I do.
Do you allow the possibility, Mr. Goeb, that
someone might look at that tape and not want to
hire you?
.Sure.
'.l.'hat's why I wasn't go:Lng to s<'lnd it.
lind if I represented to you that Jay li'ranks'
article of February 17, 1987 quotes Channel 2
sports director Mr. -- strike tl1at
Mr. Bob Jordan, in which he says'
him" -- refer-ring to you, Mr. Goeb
Rioher, Bornhort & Probst
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news director
"I haven't seen
"on the air:
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but I know a little bit about him. Sure, I'll take
a look at a tape if he sends one. He would get the
same courtesy as any other applicant would get."
Do you have any reason to believe Mr. Jordan didn't
say that?
I believe it.. But read the rest of the article,
what Jay says, ~ h e r e he says: Reading between the
lines. It also proves up that I'm telling the
truth. r sent them the tape. lle hadn't seen it.
Jay is the one that initiated it. Jay was, in
essence, not reporting a story; he was creating a
story.
Are you finished?
MS, BltOWNI'ELD: I object to
responsiveness. There's no question on the floor,
l'n giving you the best answer I can give you.
(By Nr. Koury) !lr. Goeb, are you finished?
Yes, sir.
Do you think. you have a reputation for getting into
fights?
<o.
Would you bn surprised if thnro are individuals who
will testify that you have a reputation for getting
1nto fights?
No, X wouldn't be surprised. But if you called
Richer, Bornhor! & Probst
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4,000 people on the stand, 3,980 would say no: and
the 15 you n1ay select from the Houston Post and the
media might say yes.
BROWNFELD: I'll object to the
responsiveness of that answer.
l'm your question.
(13y Mr. Koury) Do you think you have a quick
temper, sir?
No.
Are you bitter. about your lack of success in
business?
I've been very successful. So, I'm not bitter
about it. I'm very thankful to the Lord that he
has given me the opportunity he has.
In your opinion which of your businesses have been
successful?
All of them.
And the books and records of all of your businesses
will bear that out? That each has been fi.mtncially
successful?
You didn't say financially before, you sai.d
successfuL And different people the term
success -- some people determi.ne success by how
much money you make and how valuable your BMW is
and how bi.g your house is, how many di.amonds you
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wear. And other people gauge succ0ss by the
friends that you have, the fact that you took a
risk, the fact that you helped the economy by
employing a lot of people, generate a lot of money,
paid in a lot of taxes.
'l'here are lots of way to define success.
I'm sure you haven't any case, but you'ce
probably a good lawyer,
Q Mr. Goeb, you can insult me until the cows come
home --
I'm not insulting you, I paid you a compliment.
Q And I'm still going to continue to ask my
questions.
Okay, It wasn't meant as an insult. But i.f you
lost a case, I don't think you'd say you were not a
successful attorney.
Q Do you know a Johnny
A I know of him.
Q Is he a friend of your.s?
A No,
Q Who is he, sir?
He's an inmate right now. I don't know how you
would describe him otherwise.
Q !lave you ever been in his compilny?
A Company in what respect?
Richer, Bcmhcrt & Probt
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Have you ever been seen associated with him?
lle was at our club, Robert's and my club.
Did you employ him?
Ue had a contract to provide entertainment for the
club.
l'lilat type of entertainment did he provide?
Singers, bands.
He's presently incarcerated, if I've undoncstood
your testimony.
'le s,
li'hat is he incarcerated for?
Something to do with drugs. I'm not sure, but
something.
Are you a personal friend of his?
No.
Mr. Goeb, yO!! Judge Don Hendrix found llr.
Harasim innocent after a two-week trial on the
criminal charges.
Js that correct? You know thatr
tJh-buh.
But you're still pressing this civil suit and
incurring the time and effort of the Harris County
judiciary as well as the expenses of attorney's
fees. Is that correct?
Do I have a chance to answer that question?
Sure. I would like you \:o answer it.
Ri<her, 8ornhal1 & Probst
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You're leading me on.
'J.'he case was a circus. It was a joke.
There was no jury. You know, Mr. Harasim had to
employ one of the most famous attorneys in the
world to get him off of a little misdemeanor. so,
you only pay $2.0,000 for a Class E misdemeanor, to
me, unless you'ce obviously guilty. You know, the
Judge didn't run the case; Racehorse ran the case.
You're apparently upset Mr. Harasim was follnd
innocent. Is that correct?
J appalled at our judicial system, how it
operated, yes.
And you shook your head yes that you were upset?
I didn't say upset. I said I was appalled. 1 lost
f:aitb but will regain it back in the civil case.
I'm just curious, since you're an English major and
so precise with words, in your opinion is appalled
a stronger word than upset?
No. l't's a differe11t word,
But it does not connote to you any differenc:e in
tone or: degree?
No. Upset means you're angry, appalled means
you're surprir;ed and shocked. That's two dif[erent
meanings there altogether, diffetent connotation.
And you' r aware that there is a counterclaim on
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file i.n this case and that you risk being subjected
to rnonet<.ny damages to Harasirn the Post?
You're aware of that?
I'm not aware of that.
'this is the first time you hear of that?
Yes.
You're not aware that they, both the Post and !1r.
flarasim, have counterclaims filed against you for
malicious prosecution?
No, I'm not aware of that.
And if I told you that the basis of the malicious
prosecution claim was the fact that your are
pressing a civil lawsuit after Nr. Harasirn has been
found innocent, that it be first time you've
heard of that?
'l'hat's th first time I've heard of that.
Mr. Goeb, just so the record is cle.ar, you
considered yoursBlf a public figuce, in your
opinion, when you were on the doing sports
shows. Is that correct?
Yes,
Do you remember consider yourself a public figur0
now that you're on radio?
Yes.
And in your words, you considered yourself a
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controversial, flamboyant spol:tscaster. Is that
right?
There you go putting your words in my mouth.
I didn't say controversial and flamboy11nt. 1 said
colorful and flamboyant.
No -- and Mr. Goeb, I don't havG the skills that
this court reporter. has, and I'm tl-ying to
concentrate on my question. so, I'm not trying to
put words in your mouth. Correct me when I'm
~ l r o n g like you're doing.
Okay.
Colorful and flamboyant?
Yes.
And part of that colorfulness and flamboyance was
manifested, for instance, when you painted your
body blue in honor of the Oilers. Is that correct?
That's colorful.
And you called yourself tile silver-tongued devil,
as r recall?
Steve Smith called me that.
And you h'ld, as another example of colorfulness
and flamboyance, a live coug<>r in your lap when the
University of Houston appeared in tho NCAA
basketball championship. Is that right?
That's right.
Ricfler, Barnhart & Prabsl
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Q And you once made comments about Michael Jackson
that got you in some trouble. Isn't that right?
MR. NETTLES: Objection as to
mischaracterization of his testimony.
A I clidn' t feel .like I said anything that got me in
Q
A
trouble.
I can't be responsible for the people
react to everything you say in life.
(By Mr. Koury) When Miss Brownfeld visited with
you regarding the Jackson controversy, if
you will, you couldn't anything about the
subject matter. of you reported. Having
thought about it for a while, can you tell the
ladies and gentlemen of the jury what you said
about Mr. Jackson?
Yes. It's pretty-- two stupid jokes. One was --
it the night that he won all the Grammys. And
CBS happened to have the Grammys on that year, and
wro were a CBS station so we didn't get on until
very, very late.
And he thanked everyone in the
world that night. Went on incessantly.
lind was
calling up uncles and all that. l went on the air
ni.ght -- obviously we were on about an hour
late -- and said that Michael forgot to thank the
inventor of the fire extinguisher, which is a
pretty dumb joke, referring back to his setting his
Ritfler, Bomhort & Probs!
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HOUSTON, TC<AS ?700>
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199
l hair on fire in the Pepsi commercial.
2 And then J. said: He ran out of tl.nm.
3 'l'here was one more award that he and Boy George
4 were given -- shared an award for the male singer
5 most looking like a female in performance.
6 Those the two lines that l made.
7 Q You thought those were funny?
'
A l thought they were cute.
9 Q And some people in the black community didn
1
t agree
10 witll you, did they, sir?
]J. A Some Michael Jackson fans didn't. I don't know if
12 they were white or black; but some Jackson fans,
13 some kids in particularly, didn't think it was very
14 funny. And some adults, l guess.
15 Q Pid you take a voluntary leave of absence aftl?r
16 that incident for a
17 A I don't think so,
.1 8 Q Are you saying that you didn't or you don't recall?
19 A I don't think I did.
Q ls that something yoll WOllld recall, if you bad?
21 A I think so.
22 Q lf I understood you correctly, i.t' s your testimony
23 that 90 to 95 percent of the articles written by
24 the Houston Post bave been unfavorablE' to you since
25 the inception of time.
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Since I began with the station, Octobec '79, almost
from the first week, the Post sportswriters in
particular, as well as the 'J'V wri.t.ers, and then on
to Harasim, 80, 90 percent I'm not sure the
exact figure-- but the vast, vast, vast majority
have all been negative.
But I'm trying to get a figure in your. mind.
In my mind it was 90 percent.
And you were elected the least-liked sportscaster
pursuant to a survey clone by the Houston Post.
,,
that correct?
That's kind of ironic it was done by the Post. 1
was also in research done by research companies
in town, the research indicated I was the most
popular, most watched, the most li.ked.
But the answer to the question I asked was: You
were votGd least liked.
By your paper that you are representing, the same
Post that's been trying to make me look pretty bad
since '79.
They didn't elect you; the people who voted in the
survey elected you, correct?
Well, let me put it this way: They phrased the
questions and they counted the votes.
NS. BROWNJ;'ELD: Objection as
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nonresponsive.
I think it is r<2sponsive.
(By Nr. Koury) You never filed a lawsuit over
that?
No
1
that would be silly.
or nevor questioned t.he accuracy of that to anyone
at the Post?
J. talked to Jay Franks about it, but I couldn't
really care what their survey said.
so, you're telling the ladies and gentlemen of the
that you weren't bothered by the fact that you
were voted the least-liked sportscaster in this
poll'?
No. 'l'o be in my business, and as Jay Franks has
said, I probably have thicker skin than anyone else
he's known in the business. 'l'hat's like the
President being worried because 60 percent of the
country gives him a good approval rating and 40
percent don't. When you'r-e in the position that
you're in the public eye, you're not going to make
everybody happy.
So, it's your testimony that you were thick-skinned
and generally yoll wore not offended by anything the
Post wrote?
Yes- Those are Jay l'rank!>' pretty much, too.
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Do you remember an article that was written on you
called "A Good Sport," by the Houston Post on or
about September 30, 1984?
No.
MR. N E T ~ ~ L E S Can W take a short break?
MS, BROWNFllLD: Sure.
(Short Recess)
(Patrick f.:xhibit Nos. 5 and G mar.ked for
i dent if i cat J. on J
(By Mr. Koury) Mr. Patrick, you've been handed a
copy of: an article entitled "A Good Sport," whi.ch
appeared in Houston Post Magazine on September 30,
1984. Does that rE:Jfresh your recollection?
Yes, it does.
Were you a willing participant for that article?
Yes.
And that was during the period of time that you
left television?
Yes.
And you were still apparently volunl:arily granting
interviews. Is that correct?
Being a member of the press, I tried to cooperate.
And this is the part: of that: pE.lblic figure status
that you were referring to?
I considered myself at that time a businessman
Richer, Bomhort & f>rob.t
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just trying to get on with his life.
Q So, in your opinion when this article was written
you were not a public Is that my
under standing?
A It's like how you go and do stories of old timers.
They're not public figures any more, but somebody
wants to write about them.
Q So, what's the answer to my question? Once a
sportscaster, always a sportscaster, or only
sometimes?
No, l don't think J. was a public figure at that
time.
Q l,ook on the second page, if you will. First of
a 11, once yoo reviewed this article, were yoo
generally pleased with this article?
A It's what 1 call -- it was
'
non-plus article.
Q What does that mean?
A It wasn't good, wasn't bad.
Q Was ther.e anything in the article you took offense
to?
A Offense at -- on the first column down
the bottom, about the third paragraph up:
"That's not all l?atick does. Patrick often brawled
with sports reporters. A shouting match between
Patri.ck and a New York newpaper writer after a
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match wher:e tlley say there was more action."
There is a typical example of the Uouston
Post not printing the facts. And obviously, Mr.
Pugh got those facts from the column that ~ a s
written by, I believe, Mr. Gallagher after the
fight. You know, printing articles on hearsay.
""
wasn't there.
He didn't see it. There was no
altercation. There was no pushing. But I'm
portrayed as a person who brawled with a
60-year-old man after a fight. That's just not
Did you like the title, ''A Good Sport"?
It didn' \: phase me one way OJ: the other,
Did you like the fact that your bar is pictured in
the article?
It (lidn' t phase me one way or the other.
You didn't think that was good for business?
lt didn't affect me one way or the other. J
thought the article was poorly written.
Nr. Goeb, my questi.on is: Did you think this
article as a whole ~ a s good for business?
I sajd it was a non-plus articl0.
But you voluntarily gave tile interview for this
article?
Yes.
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WOtlld you that anybody, public figure or
not, voluntarily to give an interview, t:hut
person doesn't have control on the ult:lmate product:
that is produced by the or by the
journalist or by the sports broadcaster?
Yes.
Is ther-e any quotes in there that you see that you
don't think you were quoted correctly?
Well, I huven' t had time to read the entire article
sitting here.
At the time do you recall taking offense to any of
the quotes?
There's a -- the last paragraph, second column:
"Patrick says that another reason for his departure
was the Jackson flap."
I don't tl1ink that's accur<Jte. It wasn't
in quotes either. So, he was paraphrasing, T
guess. That was his view. l don't see me being
quotec1 as saying tl1at. It's just his
in t erp r eta t ion.
I'm guoted there saying that the
catalyst or nothing was worth my family. 1 \:h ink
he probably took i \: out of context.
You know, r haven't had time to read the
whole article.
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Do you want to take time to read the whole article?
No; I would like to get on with our deposition.
D.i.d you complain to Mr. Pugh about this
article?
No.
Did you ever threaten a lawsuit over it?
'l'urn with me, if you would, t.o the second pc:tge, the
last column, the fifth to last paragraph, where it
says -- and this is a direct quote from you, Mr.
Goeb: uThc only way the averuge person ever me
on the air. with a hat on, waving my arms and
shouting. They probably thought this guy is wild.
He must be on drugs. That's fine. That's l
wanted to do. l to create excitement.."
Is that <1 question or statement? You'r-e reading to
me.
Do you recall saying that?
I don't recall saying it or not saying it.
Oo you have any reason to question it as we sit
here today?
No.
Would you look at what's been marked as Patrick
Exhibit 6, whjch is an article entitled "Channel
ll's 'Crazy' Which is from the Parade
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Magazine of the llouston Post dated May 10, 1981.
Do you remember this article, sir?
A Yes, I do.
Q Were you generally pleased with this article?
A No.
Q Why not?
A Well, I didn't like the phJ:ase "Channel ll's
'Crazy' Man." Once again, that was in the mind of
the Post writers. The Post had a very difficult
time -- which surprises me, because of some of the
writers they have and the things they do --
understanding what I really did and how effective
it was,
Q !.ook at the second page of that where you say --
the first column, the last paragraph: "Sometimes
the zings sting." Do you see that?
A Uh-huh.
Q "But Pat1:ick says 'he considers it a compliment'
when Uouston Post columnist Lynn Ashby tosses a
barb l'atrick's way." Do you see that?
A Uh-huh.
Q Do you subscribe to the view that as long as they
get your name right, it's usually good for a public
figure to appear in articles like this?
No, not always.
Richer, Bomhorl & Probs!
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Is that what you commented about r,ynn Ashby's
column, that you consider it a compliment when he
writes about you?
I don't know that -- (eading that here, it says,
"Sometimes the zing sting::;, but Patrick says 'he
considers it a compliment.'
0
See, those sentences
don't necessarily connect.. They're taken out of
context. Sometimes a zing stings. Sometimes it
hurts what people writE. Sometimes it's a
compliment. And then they go on to another
subject. I'm not talking about -- if you read
that -- "When Houston Post columnist Lynn Ashby
tassel? a barb Patrick's way," 'here's nothing
saying J.'m referring to that. That's something the
writer just put together in that paJ:agraph.
Did you voluntarily subm.i.t to that interview, sir,
for the --- Exhibit 6 that you have before you?
Yes,
And you that you didn't have even as
an English major, over. every word that the writer
used in that story. lsn't that right?
Yes, but I expect them to be ethical, honest, and
truthful.
Do you think that article is not ethical, honest,
and truthful, sir?
Richac, Bornhort & Pmbt
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J don't think it an honest portrayal of me, no.
You never threatened a suit over that article, did
you, sir?
No,
And you never wrote the author of that article
request.ing a retraction in any way?
1 don't think so.
Did you ever complain in to the Houston
Post concerning any story that was written about
you?
l don't know. I don't think so.
\Vhen you wete a newcaster, you got complimentary
from restaurants, didn't you, sir?
I may have. J don't remember.
'l'here's nothing wrong with that, is there,
1qe11, it dep"'nds on in context. If you're a
restaurant critic and you're getting complimentary
meals, that's not good.
ln your capacity as a newcaster and you go into a
restaurant to get a con1plimentary meal, you saw no
problem wi.th that, did you, sir?
I don't know wheJ:Ce you are .leading to so X don't
know.
SiiC, I'm just asking you a question.
It wou.ld depend on the situation.
Ric!,er, Bornflort & Probt
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As a general proposition, yoll wouldn't have a
problem with that?
J.t depends on the situation.
Obviously, sir, you didn't have a problem wi.th it
because yoo accepted complinl.'lntary meals, didn't
you?
X don't know. You apparently do. I don't recall.
I mean, someone may have bought me dinner
somewhere. r don't know.
So, you don't recall either way, do you, sir?
No.
So you're telling the ladies and gentlemen of the
jury thia is another area t".hat you don't recall,
whether or not as a newcaster you received
complimentary meals?
Xt probably happened.
But I'm trying to be hon0st
with the jury. I don't remember a specific.
After you left Channel 11, didn't you try to gain
employment on Channel 26 as a sportscnster on the
weekends?
No.
You didn't?
No. Your paper reported that, but X didn't.
NR. KOURY: l'.l.l object to the answer as
being unresponsive to the question that l posed,
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211
It was responsive to no pending question.
Did you ever drink at the Nice-n-E.Z. Club when you
were on the job?
Rarely.
But there were occasions in which you drank?
I don't remember a specific, but I probably did
once or twice.
And your testimony was that Mr. and Mrs. Hatcasim
attended the opening night of the Nice-n-E.Z. Club
pursuant to an invitation. Jsn't that correct?
Yes, sir.
And they were there for some type of charitable
function. J.s that correct?
Yes, sir.
On the evening of the incident in question, the
Nice-n-B!.Z, Club, by Mrs. Reid, waived the cover
for thtl Harasims, didn't she?
I don't have any idea.
If Haras.im testifi"'s that the cover charge
waived for he and bis wife, you are not in a
position to question that, are you, sir?
I wasn't there.
so, you don't know one or another whether or
not the cover charge was waived on the night of the
Richar, Bornhort & Prob.t
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A That's correct.
Q And if the cover charge was waived, wouldn't Nr.
and Mrs. Harasim have the reasonable expectation
that they were in the club?
ll 1 don't know what they would think.
Q As a reasonable person, j_f you had approached a
club similar to your own and you w0re greeted
amicably by the first person at the door and the
cover charge was waived, you reasonably
expect that you w0re welcome on the premifJBS?
MR. NE'l''l'J,ES: Objection; calls for
speculation on the part of the witness.
Obviously
he can give his own opinion as to that. But as to
what a normal or average person would do, I don't
think he can necessarily give, you know, across the
board analysis.
Q (By Mr. Koury) Mr. Goeb, can you answer my
hypotheti.cal question?
A No, because I don't know.
Q I'm asking you.
A And I'm saying that I don't know what he would
think.
Q I'm asking you if you to a club and you wero
gteoted amicably on a friendly basis at the door
and the covor charge for you was w<tived, wouldn't
Barnhart & Probst
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you think you were an invited welcome guest?
Not unless it was someone who I recognize as being
someone who would have that authority. No, r
wouldn't assume that.
And didn't ML-s. Reid as the wife of your partner
have authority to waive the cover charge
No.
-- in your opinion?
No.
Don't you think it's reasonable that the general
public would have thought that Mrs. Reid had
authodty since she was married to !h. Reid, a
partner in the club?
I don't know what the general public would think.
Nr. Goeb, I'm going to get into some of the
specific statements you made on the night of the
incident in question. There are ladies in the
room, so we'll try to keep the profanity to a
minimum.
How 1nany times did you tell ~ l r Harasi.m
that he had a lot oi' i'ucking nerve coming into the
club?
Once.
Please tell the ladies and gentlemen of the jury
hov1 you said it. In the best way you can
Richer, Bomhon & Probst
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approximate it, in the tone of voice, and in the
volume, please look to the ladies and gentlemen of
the jury through the camera and tell us.
"Paul, you've got a lot of fucking nerve coming in
here." 'l'hat's was said. As if you have a lot
of gall coming in here.
And yotu: testimony is you said it only once?
Yes, sir.
Did I just understand your testimony that you're
equating "you have a lot of gall to be here" in
your mind is equivalent to "you have a lot of
fucking nerve coming in here"?
I didn't say it like you said it. The way l said
it and the way I phrased it, that was the intent:.
'l'hat may have been your intent, but you didn't use
the words "you have a lot of gall com.i.ng this
here," did you?
No.
I just said what I -- to the camera there.
Did ll1'1rasim put his hand out to shake it?
Yours?
l don't recall.
You don't recall either way?
No,
So, apparently you don't recall whether or not you
knocked Mr. Harasim's hand a1vay, do you?
Richer, 8omhort & Probst
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I didn't knock his hand away.
But you don't know whether or not he extended his
hand as a friendly gesture?
I don't know that.
Didn't Harasim ask you j_f you were kidding when
you asked him regarding his expletive deleted
nerve?
lle may have. I'm not sure.
Do you know who Mr. McDonald is?
1 know he's an attorney.
Is that all you know about him?
Uh-huh.
Wasn't he in your club on the night of the incident
in question to give you a check regarding some
charity?
Yes,
Do you recall what Mr. looks like?
He's a rather good-sized black person.
Do you recall that Mr. McDonald tried to shake Mr.
Harasim' s hand?
I think they tried. l'le were all going out the door
together. I recall -- r. think Mark drives a big
white car; and it was sitting out there waiting for
him or. double parked. We all kind of went out the
door together, and he stopped in between us.
1100 MILA" SUITe. 4<'0"
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1
Whether or not they were shaking hands or saying
2 good-bye, J don't know.
3 Q You don't know one way or another or not
4 Mr. McDonald tried to shak Mr. Har.asim's hand?
5 A No.
6 Q Do you remember hitting McDonald's hand so he
7 couldn't shake Mr. Ilarasim's hand?
8 A No, I don't.
9 Q Do you know if Nr. 14cDonald has a general
10 reputation for truth and veracity in the community?
11 I don't have any idea.
12 Q If McDonald says he tried to shake Mr.
13 Harasim' s hand and you knocked Mr. McDonald's hand
14 away, you wouldn't dispute that, would you, sir?
15 A It depends. If he said I knocked it away
16 intentionally and pushed his hand out of the way, I
.1.7 would dispute that If he said he tried to shake
18 hands and I walked in between them or brushed up
19 and hit him accidently, my arm hit his, that's
20 possible because I don't recall.
21 Q Let's say McDonald testifies that you appeared
to i.ntenti.onally slap McDon<lld's hand a11ay so
23 that he could not shake hands with Nr. Harasim.
24 A 'l'hen Mr. McDonald is gre<ltly mistaken.
25 Q Po you have any reason -- have you read the
Riohar, Bornhort & Probst
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criminal transcript testimony of t1r. NcDonalcl?
A Not of his, no.
Q Were you present in the courtroom when Mr.
testified in the criminal trial?
A No.
Q Do you and Mr. McDonald have any bad blood between
you?
A No.
Q Js there any reason that you know of for Nr.
McDonald to btlar false witness against you?
A No,
Q When did it become apparent to you -- strike that,
If I understood your testimony, you
thought that Har.asim invited you outside so
that you all coulel talk about your differences and
try to resolve them. Is that a correct statement?
A Yes, sir.
Q When in Exhibit 4, in this line to the dr:iveway,
thi.s pathway to the driveway, did you become aware
that that wasn't, in your mind, the reason Mr.
Harasim invited you outside?
A I thinl; from the time we walked outside I could
tell it was not -- he was not in the position that
he was or trying to break bread and
make peace.
Ri<her, 8omhort & Probsl
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When Mr. Harasim was outside, he was indeed outsid<::
the clLlb.
Yes,
In the pathway. So, is it fair to say that
Point No. 1 yoll were aware that, in your mind at
least, Mr. Bar:asim interested in making
peace with you?
No. I wouldn't necessarily say that.
Well, I thought you said as soon as you got outside
you were aware.
Wel.l, as soon as we got outside and -- I mean, we
only outside a couple of minutes and
talking. I mean, as we li'ere walking and talking it
bcarne apparent that he wasn't there to say, hey,
I'm sorry. I guess. I don't know.
Ilut your earlier testimony was as soon as you got
outside you w0re aware, right?
l'lelJ, then, that's not correct.
So, you've thougbt about it.
Yes.
When in the time line did you become firmly
convinced in your mind that he wasn't. interest<:d in
making peace with you, as I think you put it?
When he cold-cocked me.
When did he what?
Richer, Bcmhort & Probst
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When he cold-cocked me. Sucker punched me. ll it
mo.
Now, at any time when you were outside the club and
!h. Hat-asirn and his wife were leaving, you were
free to turn around and go back into the club.
Isn't that right, sir?
Uh-huh.
You had bouncers there. Is that correct?
Uh-huh.
In fact, you had two bouncers there?
Yes, sir.
What did they look like phy<>ically, the bouncers?
Average size.
Average for a bouncer or average man?
Our. size, normal size. Smaller than Paul.
Now, when Mr. Harasim enterGd your club, he had his
hat on. Is that correct?
I believe so,
And if there were any celebrities or patrons in the
club, they were free to eithGr talk to the llarasims
or not. Isn't that correct?
Sure, l guess.
When you wer-e walking down the sidewalk, did you
say: "I'm going to get you" -- and again l
to the two ladies in the room.
Richer, Bomhor! & Probt
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you say, nrm going to get you, you fucking
asshole" to Mr. Harasim?
That's once again part of his great big lie.
HS. BROWNPELD: Object to the
responsiveness of the yes-no question.
MR. NETTLES: I'm going the object to the
very gallant attempts of opposing counsel to
shelter the women or the ladies and gentlemen of
the jury; however, I think all you are serving to
do is trying to certain aspects of his
testimony.
MR. KOURY: I'm just trying to get out
the testimony as to what precisely he said.
(By Mr. Koury) Did you say that, sir? Yes or no?
I just said I did not SllY that.
And it's your testimony that as .ll three of you
walked down the lin0 to the parking lot, the order
always remained Harasim, Paul, and you?
Always me.
So, you were the one closest to the entrance of the
club at all times going to the parking lot?
'l'hat's correct.
Didn't you grab 14n:. Harasim's left thumb and bend
it back?
Absolutely not.
Riohar, Bomhort & Prob.r
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Didn't you stomp on Mrs. Harasinl's right foot?
Absolutely not.
Approximately how much ti.me elapsed from the time
you exited the club to the time you got to the
parking lot?
I don't know. A couple of minutes.
A couple of minutes?
Yes. If it was that mucll. It may have been a
minute and a half.
So, you think of it in terms of minutes rather than
seconds?
Yes. It was a couple of minutes. Minute and a
half, two minutes.
Is it your testimony, and correct me if I'm wrong,
that Mrs. llarasim was never on the right or lft
side of her husband as you pr.OcBeded down the
walkway?
No, she was always on the other side of him. He
was between the two of us.
She was always in the front go.i.ng to the parking
lot, in your opinl.011?
hnd that of eyewitnesses.
MS. BROWN!?E:J,D: Object as nonresponsive.
NR. KOURY: I join in that objection.
(By Mr. Koury) Mr. Goeb, this can be a short one
R;oher, Bctnhort & Probl
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or it can be a long one. Your. attorney is going to
be able to a!:>k questions from here to eternity. My
question was --
A I answered it three times. He was between the two
of us.
Q And at no time
A At no time.
Q did she either swerve to the right or to the
left of either of you two gentlemen?
A She may have been a half step to the right or. half
step to his left, but she was on the othc1: side of
him. She WilS not next to him to his right or left
as she has testified.
Q And the atmosphere as you walked down the sidewalk,
in your opinion it a little chaotic, quick
moving?
A No. of a stall, walk il!ld talk.
Q A minute and a half to minute stoll is that
correct, in your opinion?
A I said before I COl1ldn't honBstly guesstimate the
time. lt might be a minute.
Q To the best of your recollection, you said a minute
and a half to two minutes. Js that dght?
A To the best of my recollection, J really don't
know.
Ri<her, Barnhart & Probs!
1100 MILAM, SUITO 4200
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1 Q How far of a distance is it from the entrance to
2 the parking lot?
3 All the 1oay to the end?
4 Q 'le s, To where they got into their car.
5 1 don't know.
6 Q How far is it fr.om the entranceway to Point 3?
7 10, 15, 20 feet., something like that.
8 Q Did you ever tell Mrs. Harasim to "shut up, you
'
stupid bitch"?
10 lbsolutely not. That's pv.rt of the lie.
11 MS. BROWNF),:LD: Objection to thE> last
12 sent<.ence of the response as nonresponsive.
13 Q CBy Mr. Koury) Who WOllld perform your job duties
14 if you ~ 1 e r e sick on the job?
15 My wife or brother-in-law.
16 Q Was your brother-in-law on the premises at the tin1e
17 of the incident? I think you testified you didn't
18 know one way or another. Is that correct?
19 A 1' 11 not sure. X can't remember.
20 Q ~ l r Goeb, have you ever been diagnosed as being --
21 GUffering from amnesia?
22 A No.
23 Q You've never had occasion since the incident in
24 question to discuss it with your brother-in-law to
25 find out if he was at the premises?
Richer, llomhort & Probst
1 A You know, I really haven't.
2 Q have been occasions when you didn't sh(
3
for- and either your wife or. brother-in-law
4 took over the job responsi_bility then?
5
Not my wife. Ny brother-in-law.
6 Q But earlier you said that. your wife was trained to
7 handle the job --
8 A 1 take that back. We reallY --
9 Q
--when she really wasn't, was she, sir?
10 A Excuse n1e, sir? I'm sorry?
11 Q was that your testimony earlier?
12 Yes. But that is really not tight, She could
13 ha1ldle it in an emergency situation, but that
14 wasn't her job,
15 Q
So, you're changing that on us?
16 A Yes. I'm clarifying it, yes. l'm changing it.
17 Q
MrS. Harasim is -- would yOil characterize her as a
18 petite woman?
19 A Yes.
20 Q
When you ran after car to get the license plate,
21
did you have pen and paper in your hand?
No.
23 Q Did you make physical contact with the car'/
A No.
25 Q Are you sure of that'?
Richer, Bornhort & Prob>t
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Yes.
Your body never physically touched the hood of the
car?
I don't so.
Were the bouncers trained in running your business?
'l'ommy Hom, no, not really. Neither one of thBm
really were trained in running it.
Could they, if that had been necessary, run the
business for a of houn;?
No, not really.
Did they have keys to the establishment?
I don't think so. I'm not sure.
Was Mr. Reid trained in running the business?
No.
Was Mrs. Reid trained in running the business?
No.
Who is your official assistant manager?
brother-in-law.
And he customarily worked on saturday nights?
Most of: them.
'!'hat's a pretty important night in your business?
Uh-huh.
Probably the most important?
lt vo;r-ied.
X'm not trying to nrgue with you, but as a general
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proposition, a bar, the busiest night is Saturday
nigllt, as a general propositiDJl. Is that correct?
Not our bar.
What night is, sir?
It varies because 1ve had a big screen, showed
basketball games. And if the Rockets were playing
on a Tuesday night and it was " big game and
everyone knew Robert would be in with the
ballplayers, then Tuesday was the busiest night.
lf your wife had been hit by anothel- man, wouldn't
you protect her?
Yes.
If you thought your wife had been hit by another
man, wouldn't you pJ:Cotect her?
I don't know abollt that one.
Please show me, if you can do it, how you contend
Mr. Harasim punched you. Were you wearing the same
type of glasses you have on now?
\lire--rim glasses more like.
Which eye was it that--- Show n;e where his punch
landed?
Like this.
You claim disfigurement in your lawSllit.. Can you
show the ladies and gentlemen of the jury where the
disfigurement is?
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A For many and many months after that my head
looked like a watermelon,
Q Is it yout testimony that you're not currently
disfigured?
A I don't think my head looks li.ke a now.
Q So, the answer to my question is: No, you're not
disfigured?
A Not today.
Q Where are the stitches? Were there any stitches?
A Acros!l the oye.
Q 1\.ccoss the eye't Are they today?
A No. They're in the eyebrow fortunately.
Q So, you couldn't show the ladies and gentlemen of
the jury any disfigurement on your face today?
A NO.
Q And there was one punch to that portion of your
face, you contend?
A Yes.
Q Could you stand up and show the ladies and
gentlemen of the jury where on your- thigh you claim
you were kicked?
A "ight here.
Q hverybody will. be happy to to know l'm not going to
request that you show us your thigh; but there's no
disfigurement there today, is there, sir?
Richer, Somhort & Probs!
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No.
Did you take any pictures of yourself after the
incident?
Yes.
Do you still. have those pictures?
They're in somebody's possession. 1 don't have
them.
Do you know whose possession they're in?
X don't know if have them or the D.A. has them.
Some of thos pictures were produced at the
criminal trial, weren't they, sir?
I don't know. I wasn't there.
If I told you they introduced at the criminal
trial, you wouldn't be in a position to dispute me
on that, would you?
No.
MR. KOURY: And we' 11 follow this up with
a formal request for pcoduction, but we are
requesting copies of any pictures in Mr. Goeb' s
possession. Do you have any problem with that?
MR. NETTLES: Offhand I can't think of
any,
(By Mr. Koury) Nr. Harasim, just so the record is
clear, he was at the opening night party at the
Nice-n-E.Z. Club for . .& daughter who
Richer, Bomhm1 & Probs!
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had cancer. Is that correct?
Uh-huh.
so, he had definitely had been an invited guest on
one occasion pr-ior to the incident in question.
that correct?
I had invited him, yes.
How did you invite him, orally or in writing or
both?
ln writing. An invitation.
llgain 1 apologize to the ladies .in the room. HOW
many times did Mr. Harasim allegedly tell you that
you ~ e r e a fucking asshole?
Once that l recall.
Could you, to the best yotJr recollection, for the
ladies and gentlemen of the jury, show them the
tone in which that statement was allegedly made?
l really don't want to yell and scream th<tt. loudly
and say it.
So, you're refusing to do it?
.t'fll not refusing to it. l 'm not wound up enough to
explode. It's p ~ e t t y tough to emulate someone who
is becoming a raving lunatic.
so, you're not going to do it?
l can't emulate a raving lunatic.
NS. BROWNFELD: I'm objecting to the
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responsiveness of the answer.
(By Mr. Koury) Who took thes<'l pictures of you,
sir?
My wife.
She took them of both your thigh and your face?
Yes, sir.
When did your ~ l i f take these pictures?
X think some were taken maybe right away or within
the next couple of: hours, early the next morning.
I'm not exactly sure.
Whose idea was it to take the pictures?
Either hers or mine.
And you're sure it is your wife who tool\ the
pictures?
It may have been my mom that took them. We stayed
at my mom's house that night. so, I'm assuming it
was my wife. It collld have been ny mom.
You would have let your mother take pictures of
your thigh?
Of course.
When did you make the first telephone call to a
lawyer regarding the i.ncident?
I'm not sure.
Can you estimat"' when it was?
I think I called Mr. Kamin, as I'v already
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testified to, sometime that week about setting 1
depositions.
When you use the word "deposition"
Or statements. I'm not sure.
Excuse me. You interrupted me, just so the ro:?cord
is clear.
Sorry.
'rhat's okay.
You're referring to possibly statements
rather than the deposition format that we're using
here todDy. Is that correct?
Yes. There wasn't a stenographer. present.
Did Mr. Kam.tn represent you for the pllrpose.s of the
civil or crinlinal trial or both?
Neither.
When was the last time you took some medication for
your chemi(:al imbalance?
I don't know. It's been years.
It's been years? How many years?
I don't know.
Approximately how many years, sir?
I don't know,
You're telling the ladies and gentlemen of the jury
that you can't r:ecall when you took that
medicati.on?
Richer, Bomhort & Probs!
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r can't recall.
MR. NETTLES: Objection; asked an(

Clearly all you're doing is badgering
the witness.
MR. KOURY: I assure you, Counsel,
there's a specific reason for this; but if I
divulge it -- are you refusing to let him answer
the question?
MR. NE'J'l'T_,ES: No.
{By Mr. Koury) I'm sorry. You can't tell the
ladies and gentlemen of the jury what year it was
that you last took mediciltion for the chemical
imbalance?
llR. NE'J''.I.'LES: I will renew the obj ecti.on
as asked and answered.
MR. KOURY: I understand.
It could have been nine months ago; it could have
been three years ago. l don't recall.
(By Kou ryJ You were the first person to use
profanity, weren't you, in the incident in
question?
Yes.
And you claim that Mr:s. Harasim as she was driving
away flipped you the finger. Is that correct?
Yes.
1100 MlLM< SUITE 200
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Q Other than that was she the perfect lady during the
incident?
MR. NB'l''l'LES: l have an objection to the
ambiguous term "perfect lady."
Q (By Mr. Koury) You may answer,
A s a "perfect lady"?
Q Did she do anything else that was offensive to you?
A No,
Q 'l'here were certain stockholders in your company who
were unhappy with you. Xsn't that correct?
A Yes, a couple of friends of Paul's.
Q The answer to my question was yes?
A The answer. to your question was a couple of: friends
of Paul's, describing the stockholders who w0re
unhappy.
lIS. BROWNFELD: Object as nonresponsive.
MR. NETTLES: Object to the question;
calls for a speculative answer on the part of the
witness, unless he has personal knowledge that
other people or other stockholders were indeed
unhappy wit.h him.
Q (By Koury) Sit, you heard some of
dissatisfaction from the stockholders, didn't you?
A Sure.
Q And you did declare bankfllptcy in your legal name,
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Danny Goeb, didn't you, sir?
Sure.
Did your glasses fall off whr.en Mr. llarasirn
allegedly punched you?
He didn't addingly punch me; he punched me. And he
knocked them off. They didn't fall off.
so, your glasses were
On my face.
No. I'm sorry. 'J'hat. was a very inartful question
ano I apologize.
After he hit you, where were your
glasses?
In pieces on the ground, on a car.
Was there any part of thEl frame that was still
lodged on your face?
I don't recall.
You don't recall if there were or you don't know if
there What's your answer?
I don't know. I don't think so.
So, you think the entir' lens fn:tme was on the
ground after you wre hit?
I believe so.
Could you wear those glasses after?
NO.
When did you get the prescri.ption refillectr
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I don't know.
Did you have another pair, a spare pair?
I think I had a pair at horne.
But you drove yourself to the emergency room at the
hospital after the incident, correct?
Yes.
You say there was blood on your face. How much
blood?
A lot.
It interferced with your vision, you say, right
after it happened. Is that con-oct?
Correct.
It didn't interfer:e with your vision as you drove
to the emergency room, did it?
Yes.
You ~ e r e still able to do that?
I probably should not have, but I attempted to,
yes.
And you felt comfortable With the fact that you
drove yourself to the 1:2mer.gency room when you did
i t Is that correct?
No, I didn't feel comfortable with it.
You could have asked one Of: the bouncers to take
you to the emerg<.mcy room, cotlldn't you, sir?
I don't know i( they were there then.
Richer, Bornh<1rt & Probst
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1 Q How many employees did you have at the club that
2 night?
3 I don't know.
4 Q Approximately how many?
5 A 11 dozen.
6 Q Certainly you could have asked someone to drive you
7
to the hospital if you had thought that was
0 appropriate.
9 A Probably. Some of them might not have owned cars.
10 Some of them might not have had driver's licenses.
11 l don't know.
12
I wish your co-counsel wouldn't shake her
13 head in response to my answers, as if she likes or
14 dislikes my
15 Q By the time you drove your:oelf to the hospital had
16 the bleeding stopped?
17 A 1 don't recall.
Q Do you agree you were an aggressive sportscaster?
19 No.
20 Q Do you agree you were a controversial sportcaster?
21 A I don't know how you define that teon. Is !!arvin
22
Zindler controversial or. is he popnlar?
23 Q Well, we're going to refer to Webster's New
24 Collegiate <.'lefinition of controversial: "G.i.ven to
25
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Controversy is defined as "a discussion
marked especially by the expression of opposing
views, dispute, quarrel, strife."
Were you controversial?
I don't think -- that doesn't -- in that reading,
tilat doesn't define me. I don't think I gave my
sportscasts in terms of strife, quarrels, or
whatever, disputes.
So, you have fault with Webster's definition?
No. J just -- you try to apply it, I think
you're out of context.
No lesser an uuthor.ity than Webster's you don't
agree with, sir.
Uow do you define controversial.
MR. NE'.t''l'LES: Object to the last
statement of opposing counsel as being a sidebar
comment.
(By Mr.. Koury) How do you define controversial?
Controversial is kind of like beauty. It's in the
eye of the Some people aren't-- Marvin
Zindler is a good case. Some people watch him and
think he's fine. Other people think -- you would
call him controversial because some people don't
like him?
Zindler hasn't chosen to file a frivolous
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lawsuit, sir, as far as l know.
A
lind I haven't filed a frivolous lawsuit. You.
c.l iont is a liar- and beat me up.
BROWNFELD; I object to that sidebar
comment.
A I object to you calling it a frivolous lawsuit.
Q (By Koury) Mr. Goeb, have been working
awhile.
A I know.
Q How do you define controversial? Keeping
Zindler. out of this, how do you controversial?
A I honestly define it as in the eye of the beholder.
Some attorneys -- Racehorse Haynes is a
controversial attorney. Some people say not.
Q In the eyes of you, were you controversial as a
sports caster:
A In my eyes, I wasn't. But in the eyes of some of
our viewers, appar<ontly I was.
Q Have you ever said under oath, to the best of your
knowledge, that you controversial?
A l probably have.
Q ln your opinion, did you provoke the fight with Mr.
Harasim?
A Absolutely not.
Q In your opinion using the ulti.mate profanity,
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"fuck,n in front of a man's wife didn't provoke the
controversy?
MR. NE'i"l'LllS: Objection as to the term
"ultima til profanity."
(By Mr. l(our.y) l'rn sorry. You can answer the
question.
What's the question?
MR. KOURY: Why don't you read back the
question for him, if you don't mind?
(The pending question was read)
I don't think she even heard it. 'l'hat didn't
provoke the fight. It wasn't said with malice or
intimidation.
MS. BROWNl'ELD: Objection to the
responsiveness of the answer.
(By Mr. Koury) If Mrs. Uarasim says she heard it,
you're not in a position to question that, are you,
sir?
X question everything she said so far.
Obviously you're not in a position to know what
someone else might have hear.d, are you?
I'm in a position not to believe anything she say.
MS. BROWNFELO: Object as
nonr espons i vene s s.
( lly Mr. Koury) I think the record will reflect
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2
that I've let you explain as much as you wanted t(
The answer to my question was: You don't kno\\' what
another person hears, do you?
No,
Sir, if you'll bear with me, I want to go through
my notes uO>al quick and wrap up.
Do you know what the correlation was
between the ~ l i c h e l Jackson reporting that you did
on the 1964 Grammy Awards and your hospitalization
in Spring Shadows Glen in 1984-85? In other ?lords,
WGre they, in your opinion, causally related?
I don't know. I don't tl1ink so.
When did your blurred vision correct itself after
the incident in question?
I can't remember an exact date.
Approximately how long?
I can't remember an exact date.
You don't know insofar. as the day after the
incident or three weeks after the incident?
:rt was not the day after.
But you don't know if it was three weeks after, do
you, sir?
I think it was blurred for several weeks, but l
don't know.
What do you mean by "several weeks"?
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It was blurred fot quite a
And that's the most specific you can get?
llh-huh.
Is that a yes?
Yes.
Mr. Goeb, .vou didn't see an eye doctor because of
blurred vision, did you, because of the
I think I did go to the optometrist at 'l'SO. I
believe 1 did.
And who was the optomettist at 1'SO?
I don't have the faintest idea.
Do you know t:he difference between an
ophthalmologist and an optometrist?
No.
Do you .i.f your 'l'SO doctor had a medical
degree?
1 don't have the faintest idea.
What type of test did he perform on you?
I don't recall.
Did he give any eye medication?
I don't recall.
You probably would have L-ecalled -- strike that.
Would you have if Jw gave you
some type of salve or ointment for your eye for a
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couple of weeks?
Not necessarily.
So, you just don't know either way?
Correct.
Sir, how do you get -- I know Ns. l3t-ownfeld in her
usual excellent manner covered actual danlages. I
just want to make sur-e you haven't had any --
HS. BROWNFIU,D: If anybody objects to
that comment, they're going to get slapped.
(By Mr. Koury) -- any new thoughts since she
visited with you
How do you calculate your actual damages
in this case? We visited about your medical bills,
and you don't recall exactly how much you paid.
Isn't that correct?
Right. I don't recall.
We talked about the fact that there's no permanent
disfigl1rement. Js that correct?
Hight,
What actual damages have you suffered in this
lawsuit?
'l'he humilitation and the embar.rassment of: this
going on now into i.ts thir.d year, I guesfi, of good
people like yourselves doubting my word, thinking
I'm a liar, thinking that I beat up wom!ln.
Rither, Barnhart & Probst
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like my reputation being smearBd and tarnished. I
don't like people going on the radio, as !1r.
flarasim did, and tell the world that I beat up
women. And it's something you don't recover from.
I mean, it's a very serious affront to me.
1. was physically injtHed and
incapacitated for quite a while. My busines.5
suffered greatly from it. I think that Robert
Reid's closed as a result of that. I think that
Robert stepped aside because of that. My
reputation because of the Boom Boon Jackson
thing -- you create a big lie and people start to
believe it. And Paul was <l master at creating the
big li.e.
Q Is it your recollection -- I'm sorry. Are you
finished? I didn't mean to interrupt you.
A In fact, you can't even put a price on thilt kind of
insult to you. You as an attorney would be -- you
would be absolutely you would be very dismayed
if som('cone came out in the newspaper. and on the
radio and said that Frank KO\lry -- let me finish my
answer and said that you had walked down the
street and stepped on a woman's foot and twisted
her arm. And then if someone beat you up and then
they carne out and said that you started it.
Richer, Bornh<>rl & Probst
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if someone had written in the paper a week before
that you had a fight with another attorney in a
courtroom where it affected your career, Frank. It
affected my career.
It affected my reputation in
the this city.
Probably kept 1ne from getting a job
in radio and television again.
Mr. Goeb, I'm going to have to object.
You asked me a question; I gave you an answer.
Sur-e.
MR. KOURYt
I'm going to object and move
to strike.
I think it's improper to bring
personalities in and to discussion the lawyers
involved in this case in testimony, I think you
could have answer.ed the question without doing it.
lind l'm going to ask your counselor to com1ider
instructing yoll on certain deposition pr.opJ:ieties.
Any members of the jtn:y would fe1 the same way.
Because the Post can destroy any member of the
jury, if they s<:e f:it.
rm. NET'l'LES: Let's go off the record.
MS. BROWNF
No, I want it to keep
going,
KOURY: I know we're taking this
pursuant to the rules. Ilut 1 lodge a substantive
objection that the witness and lawyers are not
Richer, Bomhort & Probs!
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entitled to argue the Golden Rule to the jury. And
I like to take a brief recer;s so that
Nettles can speak with his client.
MR. NET'l'f,ES: Let the record reflect that
l've instructed my client to respond
as possible to opposing counsler's questions.
However, I would like to be object and ask tlwt all
further objections by opposing counsel be put in
proper form and that the sidebar comments made by
opposing counsel be refrained from.
Additionally, that no facial expressions
be made toward my client during the continuation of
this deposition.
(By Koury) Mr. Patrick, am I making facial
expre:osions to you?
sometimes. And your co-counsel ther.e.
MS, ERO\mi'ELD: Patrick, if J:'m
making any, they're spontaneous. 1\.nd I clon' t mean
to make you feel ltncomfortable. I apologize.
MR. KOURY: Let the record reflect that I
have never, to my knowledge, made a facial
expression to you. 1\.nd it certainly was not my
intent.
Apology accepted.
(By Mr. Koury) When you say Harasim allegedly
Richer, Bomhart & Pmbst
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said that you had beat up his wife, is that a
direct quote or is that your embellishment of him
saying that you stepped on her foot and bent back
her fingers?
Well, he said on the radio, and r believe it was
quoted in the newspaper, that 1 stepped on her
foot, twisted her thumb back or wrist back,
whateveJ: the story was, and was attacking her and
attacking him.
To your knowledge, Barasim has never said that
you beat up on women, did he?
1 don't know exactly. But he's said so many
things.
To your knowledge, as you sit here today under
oath, do you recall Mr. Harasim ever saying that
you beat up women?
No.
Mr. Patrick, your actual damages, what ! wJ.s
referring to, is your out-of-pocket loss. You
claim you have certain business expenses, and we've
asked for your. books and records.
Do you
understand that? And you're to provide us
with those books und records, if they exist?
Yes.
You have financial statements, and we're going to
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ask for those, okay?
On the business, y0s.
And you have --
11S. l'IRO\VNPI':LD: We're goi.ng --we may be
asking for separate things, I'm sorry, Frank, J
know you're not trying to get an exclusive list:
because we may ask for some personal stuff.
NR. KOURY: Sure,
MS. BROWNFELD: Okay.
(By Mr. Kollryl And you understand that since
you're the plaintiff, the person that brings this
lawsuit, you have to prove your damages with
reasonable certainty. Do you understand that?
Yes.
If you have any n1edical bills "'e would want to see
those. Do you understand thilt?
Yes.
You didn't miss any work because of this incident,
did you, sir?
J may have rnis.sed a week or so. But when
you're employed for yourself, you just do what you
have to do.
Did you have any -- again, Mr. Goeb, you can't
recall if you missed or took off any days because
of this incident?
Rkher, Samhart & Probst
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ll I think I off about a week or two.
Q And you would have records to reflect that?
A r don't know that I would or
Q Do you have any personal financial statements for
the time period close in time to the incident?
A No, not really.
Q Are you sure of that?
A It's not something I keep.
Q Are your business financial statements audited?
A No.
Q And you have corporate minutes. Is that correct?
A Might not.
Q You don't recall preparing corpocate minutes?
A Well, I think you only have corporate minutes if
you have stockholders' meetings. I'm not sure we
had any during that period.
Q Wasn't it at the stockholders' meetings that some
of the stockholders voiceO dissent?
You're confusing me.
Which company are talking
about?
Q We're talking about the company that held the
Nice-n-E.Z. Club.
A No, that's not correct.
Q The that held the Bportsmarket, did they
have them? Sportsmarkets. Did they have
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Have what?
Minutes of meetings with the stockholders.
Occasionally.
Did you prepare the minutes?
No.
You ultimately were able to get employment in radio
as a sportscaster. Isn't that rigl1t?
No.
What is your curr8nt occupatJ.on? ! must have

r' m a sportscastcH in radio.
J\.nd what is your current salary?
About $60,000 a year.
So, you are doing the work that you want to do.
that correct'<'
Yes. But yon have to understand, I hired me. No,
J was not able to get a job by anyone else. r had
to buy my own station and hire me.
:People are listening to you,
Yes.
!low arc your ratings?
I don't know.
You don't have any idea what your ratings are?
No. Because 11e're too new to be on the books yet.
It takes about a year to register.
Rkher, Barnhart & Probst
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How long have you been in business as a
spot-tscaster for yourself?
Just about a year.
so, those ratings ~ l l l be available soon?
Sometime soon.
!low is the advertising sold? Is it sold based on
ratings?
Uh-huh. Not necessad.ly. I said yes, but yes and
oo.
so, you're presenting something to your advertisers
regarding the number of your audience?
Not always.
Not always? So you have no formal ratings at the
present time? You've be<>n in business a year ana
you have no idea how you're doing?
No.
Is that correct?
That's correct.
But you wil 1 have tho.se soon before the case is
anticipated to go to trial?
Not necessarily. It depends. We don't control the
ratings.
lt's whenever you show up in the diaries
and the surveys. And sometimes it takes two,
three, four years for. a new stati.on.
But you've been able to t1ell your advertising time
RidJ&r, Bomhort & Probs!
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to advertisers, correct?
Yes.
And you've been able to pay yourself $60,000 in
salary?
Not through that r-evenue particularly.
But you have been able to pay yourself a $60,000
salary?
Yes.
MR. KOUHY: We will follow this up a
formal demand, but we' 11 request personal income
tax r.ettlrns as well as the business tax returns.
MS. I>ROWNFilLD: Jane is preparing an
authorization now for those.
that executed today, it'll move things along.
(By Mr. Koury) Certainly that's more money than
you were making when you were in in the failing
restaurant business. ls that correct?
Some of the years it was. Some of the years it
wasn't.
Do you hilVC a copy of your contract Channel
11?
No.
Are you sure of that?
I no.
Who negotiated that contract with you for Channel
Richer, Bornhort & Probsl
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11? Did you employ an attorney?
No, it was myself.
Do you think the Houston Post had a conspiracy
against you in the year 1986-1987?
Yes.
At the first session of your deposition-- I'm
to Page 101 -- you said:
"It's a real
strong possibility.n You said now categorically
yes, Is that correct?
Uh-huh.
'l'hat' s a yes, for the court reporter?
Yes.
Who ao you allege were partners in that conspiracy?
Kenny Hand, Dale Robertson, Paul Harasim, Jay
Frank, r.ynn Ashby.
Let's go a little slower please. Kenny Hand?
Dale Robertson.
Okay.
Paul Harasim.
You're aware that Harasim' s name is pronounced
exactly that, aren't you, sir?
I don't know.
You have been pronouncing it as
Harasim.
No, I haven't. I will let the jur.y decide on that.
I'm just correcting you.
You're aware of that. Go
Richer, 8omhart & Probs!
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"".
A J.-ynn Ashby and Jay Frank.
Q As far as you know, Mr. llarasim, that is his legal
real name. Isn't that correct?
A I don't know.
Q '!'hose are the five people that you claim were
members of this conspiracy?
A And before he died, Jack Gallagher.
Q Anybody else?
A I don't know of anyone off the top of my head.
Q And what was th<'l purpose of this conspiracy, in
your. mind?
A To get me off of tl<wision, off the media, and
also to ruin my business in any way, shape, or form
that they could.
Q And how do you prove this conspiracy?
A Well, the facts really speak for themselves.
you like to say, the jury will decide. But all you
have to do is look at all the articles that have
been wr-itten since october of '79. And you look at
a lot of articles that weren't even true. You
look at the linkage articles. Jay Frank
writes an about me one day about applying
for a TV job; and the next day, Lynn Ashby, who
normally writes about things like presidents and
Richer, Bomhort & Probsl
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the economy, hils an editorial about me and how
we've got to keep this guy of:f the television.
'l'errible to come back.
The reason is very simple: Because I was
the only person on the air that ever dare criticize
the almighty ne1vspaper and the almighty writers who
make a living other but can't stand to
be criticized.
But you're back on the air. so, the conspiracy
didn't work, did it, sir?
It worked to the effect it kept me f:rom being hired
by any stations here for a lot more money than
60,000. It worked in the effect that I couldn't
get employment here. And the only that I've
been able to get on the air is through my own hard
work and initiative in buying my own station.
You were making approximately 60,000 when you were
for Channel 11. Isn't that correct?
I think in total my income with everything was
abotJt 90.
When yoll say "everything, n what are you referring
to --
Well, I worked at KILT radio
Excuse me, sir.
In addition to salary, were
you referring to?
1100 '"""' $UIH >oo
>IOUSTON, T<AS 77002
7<31000-S,OO
255
1 I at KILT Radio. l also did special
2 projects, play by play, diffecent things.
3 Q llut your actual salary for Channel 11 was 60,000,
4 01:
5 A I think it was 6(l the last year.
6 Q Or thereabouts?
7 A I tltiltk it was 68 the last year.
'
Q My question was 60,000 or thereabouts? 68,000 is
9 therev.bouts, Is that correct?
10 A J. don't know how you define "thereabouts."
11 Q Let's be more specific, if you cotJld. As we sit
12 here today under oath, what articles do you think
13 were published by t:he Post thett contain other
14
than what yotl've already testified to in your first
deposition? And that the story regarding Boom
16 Boom Jackson. What can you recall today?
17 A 1\'ell, in terms of lies, some weu. just negative
constant negative writing. But in terms of lies:
19 '.l'he Boom Boom Jackson article, the articles about
the fight with llara.sim that were printed, his
21 comments were made, the article about the brawl
22 that even this writer refers to sever<ll years
23 later.
24 You know, a brawl, if you look it up in
25 your: dictionary that you brought us, I think you'll
Richer, Bomhorr & Probst
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see it is defined as a physical altercation. There
warm't any. There's another lie.
The lie about me looking for a job in
television by Jay Frans when 1 absolutely wasn't
looking for a job.
Didn't even knO\\' about it.
'l'hat's four lies.
And then Paul bordered on a lie in some
of his articles about my bankruptcy and my
stockholders.
But as far as actual lies, there's
that l can think of today.
And you would agr:ee with the fact that you've
thought long and hard before you filed this
lawsuit, and so you've had time to foT.mulate what
you think are lies in your mind.
Yes.
So, those four lies.
Just so the record is clear, you would
agree with me that the Houston Post has the r-ight
to express opinion, positive or negative,
about public figures, wouldn't you?
Rephrase that or say that again. I'm sor.ry.
You would agree with me that th0 press has the
right to publish either negative or positive
articles expressing opinions regarding public
figures, wouldn't you?
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Well, during part of this time I warm't a public
figure. And No. 2, no, I would not necessarily say
that a paper bas a right. I think tlley have an
obligation to fairness, And sometimes that may be
positive and sometime negative, but not constant
negative.
And certainly you think you had the right to have
some fun with the Houston Chronicle reporter
Fowler and to express what some might view as
negative criticism. You think you had that right,
didn't you, sir?
We always balanced it.
aut you thought you had the right to your
views candidly, didn't you?
You're comparing apples to oranges.
I'm not comparing apples to oranges her.e. I
1
m
asking you a question. You thought you had the
right-- l'm not comparing anything. You thought
you had the right, sir, to candidly criticize or
Mr. Fowler and have what you ref(nred to
as a little fun with him, didn't you?
Yes.
so, you' r.e aware of the recent supreme Court
decision regarding flag burning and first
amendment?
Richer, Somhort & Probst
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A Yes.
Q I'm curious. Do you agree with that decision?
A That is a tough one.
Q Do you that the first amendment should
pt-otect the free e;.;pression of opinions and ideas?
A 'l'hat' s a tough one to decide.
Q So, you don't have an opinion?
A J don't think our forefathers intended the first
amendment to give a person the right to burn a flag
of the country it represented.
Q So, if I understand you, and correct me if I'm
wrong, you disagree that the first amendment goes
that far.?
l> No, I said it's a tough one.
Q .So, you just don't have an opinion to express?
MR. NBTTLES: Objection. I think he's
expressed his opinion. Secondly, I know we
refrained from making substantive objection. 1
just don't see the relevancy.
Q (By Mr. Koury) You don't have an opinion you
would like to express today, other than it's a
tough one?
A Other than it's a tough one.
Q Sir, you said that in your opinion f'ither you or
Mr. Harasim are .lying in this case.
Riehor, Barnhart & Probst
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COJ:J:Ct?
Yes, sir.
Wouldn't you allow the possibility that both you
and Mr. Harasim think you're telling the tr1.1th?
No.
Why did you get of Mr. Kamin as your attorney?
I didn't get rid of llim. He was only retained to
take that statement or deposition or whatever it
was from the witness. J.t just a one-shot deal.
But it's fair to say somewhere along the line you
changed horses and changed attorneys regarding the
No. Because he wasn't hired to represent me in
this case.
You said earlier that Reid told you that he
didn't want Mr. Harasim in the club. Is that
correct?
Yes.
Did you want Mr. Harasim in the club?
If Robert had said it was J: probably would
have gone along l'lith it.
If Robert had told you that-- let's just say that
they appeared at the cltlb and nothing was sairl,
what would you have done?
Then I would have asked him to leave.
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You were pretty angry about what you perceived as
unfairness by the Houston Post, wer.en' t you?
1 don't know how you define anger.
How do you define angry, sir?
l don't know.
I woul_d have to thi11k about it.
can define it a lot of diff.erent Angry being
mad, being out of control.
I'm sorry. You said being mad?
Out of control.
Let's start with that. Were you out of control at
what you perceived unfairness by the Uouston l?ost?
Not until after Harasim went in the paper and
printed the lies about stepping on his wife's foot
and twisting her arm back.
I was not angry at the
Houston Post or Paul Harasirn until after all of
this happened, where it was obvious what was
happening. I was not happy with what had happened
prior to that but.
Let's define anger, if you will, like Webster's
does: A strong feeling of displeasure.
Based on that, I say I had a strong feeling
of displeasure toward the Houston Post.
Before the incident in question?
I wouldn't categorize it as strong. r was not
pleased with the !:lousont Post.
Rkher, Barnhcrt & Probst
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angry with them. But after the I bad a
strong amount of displeasure.
the incident you were diBpleased with the
Houston Post?
Ye10.
Paul Harasim, when you saw him at the Nice-n-E.Z.
Club on that Saturday night at about 11:45, you
were displeased with the Houston Post?
Not at that particular moment, I wasn't.
Hr. Goeb, I asked you a question, you answer it,
and then I try to pin you down, then you ch<lnge
your testimony. Correct me. Didn't you just say
you were displeased with the Houston Post on the
night of the incident in question?
r interpreted your question t1w different ways.
You asked me if I had a feeling of displeasure with
the Houston Post. And I said yes. As a general
feeling the Houston Post, no, I was not
happy with the newspaper. 'l.'hen you said at the
moment I saw Paul Har.amsim at 11:45 on that
evening, was I displeased with the Hom;ton Post?
And at that moment I really had no feeling of
bitterness or dispJ.easlne or anything else towards
the Houston Post at that particular moment.
Ir; it fair to say you were ge!HHally displeased
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with the Houston Post before the incident in
guest ion?
A Ub-huh.
Q That's a yes?
A Yes.
Q What articles, as we sit here today, do you think
A
the Houston Post published that you think werce
negative as opposed to the four articles you say
contain lies?
Let me go back to '79. l got here in October of
'79. You had the acticle with Dale Robertson. lind
the articles, they weren't only in the Houston
Post, but they were all over the country.
Different newspapers around the country syndicated
out about this guy in tho blue cowboy hat. You
know, it was interesting how they turned it around.
'J.'hey didn't the fact that the
llouston Post writer got in a fi.ght with a
ballplayer. It was just that J: had inflamed the
They didn't mention the fact in
any of: the articles that the Post wr.ote that we
were the only TV station -- because Bob Allen did a
c01nmentar.y on it, too. As did Channel 2.
Post:.
I don't know why I was singled out by the
How did they know all the angry people came
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from me? We were the only station that put on Dale
Robertson on television and let him tell his side.
So, that was the first article that I
felt was negative because it pinned all of the
on me. He gets in a fight wi.th Dan
l:'astoJ:"ini. but I get blamed for it. lt was
strange.
Sir, my guestion is, just so you know, t1r. Goeb:
Is what list of articles you think were negative.
I think
I've been giving you a lot of And if you
want to go ahead and explain to the jury why each
one was negative, go right ahead. But my questi.on
is: Give me a listing of 11hat articles you thin!(
were
Th<Hc was an article in November of: that year -- l
believe that was the month --by Jack Gallagher, a
rude comment towards me that I didn't show up
at Touchdown Club dinner.
So, if you want to go
into the details, fine. And his offhanded
comm<mts.
'l'hrne was an article by Kenny Hand
somewhere during -- after that period thut was a
negative article. There -- Jay Frank has done
!lUJlU?l:OUS negative articles. The sports poll that
Rieber, Bomhort & Probst
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you have referred to was -- questions were cou
2
in such a way that it could only make me look u ..
3
b<>cause it was-- you know, you're the
'
controversial president. J don't mean president.
5 I mean sportscaster.
6
'l'hen you had l!arasinl's sGries of aJ:Cticles
7
on my stockholders being unhappy. Who cares about
8
that in the newspaper? Then he is an
9
article about my bankruptcy. And he follows that
10 up with Boom Boom Jackson. He follows that up
Jl the lie about me. J mean, there were four punches
1 2
that were devastating in a very short period of
13 time that -- very devastating to me.
14
A lot of emotional distress. Everybody I
15 did business with started doubting me bec<Juse of
16 this one guy, what his wrl.ting was. People who
17 loaned me money, business people,
18 suppliers, you know.
19 Q Anything else?
20 A Lynn Ashby has written severaL
21 Q What has Lynn J\.shby written?
22 A 'l'he one that comes to my mind the most is the
about don't let Dan back on the air. Kind
of kicking me when l was down.
25 Q Anything else?
Richer, Bomhort & Prob!
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'l.'here have been others, but they're all that come
to my mind today.
MR. KOURY: Is your client going to
review this deposition and sign it.
MR. NET'l'LES: Yes.
~ R . KOURY: Why don't we leave a blank
space here. I think it's important to our defense
that we have a complete listing. rf you don't
mind, could I leave a blank space) and if he thinks
of any otheiCS, he can put it in.
(By l ~ r . Koury) You say Boom Boom Jackson. Yoo
listed that article as both negative and as also
containing lies. Is that your testimony?
Yes, sir.
You never threatened -- strike that.
You never told the Houston Post in
writing oL- orally that you vrer.e going to suG over
the articles that you thought were negative. Isn't
that correct?
Correct.
And you neve!: told tbe Houston Post in writing or
orally that you were going to sue over the articles
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that you thought were lies?
Correct.
In fact., you have never sued based on the 1-n:itten
material the truthfulness of the written
material by the Houston Post. Isn't that correct?
Correct.
Sir., the two eyewitnesses that you have identified
as being close to the car, they weren't in a
position to see what transpired either inside the
club or at the beginning of the sidewalk, were
they?
'l'hey have testified that they saw everything from
the minute we walked out of thG door.
How do you know that, sir, that they testified to
that effect?
'!'hat's ~ l h a t I was told by the Assistant D.A.
But you weren't in the courtroom when they
testified, were yoll?
No. I read their statements they gave to Dan
Kamin.
So, you did read testimony before today' s
deposition?
MR. Nll'l"l'J,ES: ObjE'ction;
mischaracterization of his testimony.
I think he's
testified that he read statements given to his
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attorney.
Q (By Mr. Koury) So, you did read documents and
statements given to your attorney prior to today' s
deposition?
A Uh-huh.
Q so, you want to clarify that earlier response that
you gave?
Well, r take that back, Actually clarifying it, I
didn't read it; but l was sitting there when they
gave the statements. So, I heard they had to
say.
Q So, now your testimony i_s you didn't read it; but
you were sitting there when they were telling
A Yes.
Q So, you were present when witness statements were
taken?
1\. Yes.
Q Do you find that credible'! '.l'hat the two
eyewitnesses could have seen ev(nything that
happened on the from where they were
positioned?
A Absolutely.
Q How many stitches did you get in your eye?
A Four, I believe. It might have been six.
Q You don't
Richer, Bornhorl & Probs!
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I don't remember.
'l'here was no rational reason for you to follow the
car to get the license number, was there, sir?
No.
If J: understood you cocrectly you visited with
Ms. Brownfeld, it's your position that the word
"fuck" can be said in other than a profane manner?
Yes.
Curiosity has gotten this cat. Explain to the
ladies and gentlemen of the jury how that can be
done.
It's one of the more interesting words in our
vocabulary, actually. Sometimes it can be a noun,
verb, adverb. You can bang your finger a
hammer and say, "Fuck, that hurts!" That's not
sai.d in anger. You can bang yourself on the head
and say, "Jesus, how the fuck did I scr.ew up like
that?" It can be used i.n a lot of: different ways,
J.'m not saying it's good, but it can be used a lot
of different It wasn't. used .i.n anger: that
night.
Was it intended as profanity on that night by you?
No.
so, you could havG used the wor.d "gosh"? It's
interchangeable, and "gosh"?
<100 MILAM. SUITE "20Q
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1 A
No, I wouldn't say they're i.nterchangeable.
2 Q
Did you intend that as some type of greeting, a
3 salutation?
'
A
X don't know how I intended it, Counselor.
5 Q If we could take a short break and --
6
MS. Bll.OWNf'E!,D: You can just pass and go
7 over your notes while I go.
It's getting late.
8 that's okay with you,
9
MR. KOURY: At this time I pass the
10 witness. I want to thank you, Mr. Goeb, for yOUL"
11 patience with he.
12
MR. NE:'l"l'I,ES: I'll object to Ms.
13
Brownfeld asking any other questions because she's
already passed the witness.
15 MS. BROWNFELD:
No, no. I'm entitled to,
16
during the deposition, Bentley, continue my
17
questioning after he passes.
18
MR. KOURY: This is a discovery
19 deposition.
I don't see any problem with that.
20
21 EXAMINA'l'lON BY MS. BROWNl'f:LD:
22 Q
25
Mr. Patrick, I've been calling you Mr. Patrick
because that's what X started as.
has been call you llr. Goeb. But for purposes of
the record, there's no difference in your
Richer, Bornhort & Pr<>bst
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understanding of our questions in responding,
right?
Correct.
Explain to me the ownership setup of the cadio
station. And I don't remember the call letters.
What's the radio station you're involved with now?
MR. NE'l"I'LESt Objection: asked an
answered. There is no reason for him to have to
reiterate all of this. And I'm going to object to
it and ask that he not respond.
(By llS. Brownfeld) Are you going to respond to
that?
I'm not going to respond to that.
B ROWNFELD: For purposes of the
record, I would like my responses and objections
certified as well as the questions.
I'm asking Mr. Patrick \:he specifics
owner-ship inter-ests involved in thE> radio station.
Patrick has testified he doesn't. know if his
wife owns it now or if he does. aut we didn't
discuss who else is involved in the owtHlnlhip of
the station, where he bought it, from whom he
bought it. And that's the line of questioning l
intend to puL-sue. At t:his time Mr. Nettles is
instructing the witness not to answer question
Richer, Bamhal1 & Probs!
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or that line of questioning and J want that
certified.
MR. NETTLES: Along that line of
questioning, I' 11 allowed it to continue. But I
not you to to go back into something you
asked him early this morning or ut his prior
session. I think it's L-idiculous. And I'm not
quite clear v1hether or not you have a right to go
and be doing what you're doing. However, in, you
know, in the spirit of cooperation, I will allow
you to continue to ask questions.
(By Ms. Brownfeld) Patrick, from \'.'hom did you
purchase -- what are the call letterR? Let's go
back. What are the call letters of the radio
station?
I've said this several times already today. KSEV.
I had just never heard of it before. so, r didn't
remember it.
From whom did you purchase KSEV?
Jerry Duncan.
Who is Jerry Duncan?
A doctor.
Had you had any prior dealings with him --
No.
-- before purchasing KSJ::V?
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No.
I would ask you to please let me finish my question
before you begin your
Were you the initial person who purchased
the radio station KSEV f:rorn Dr. Duncan?
Yes.
Were there any other individuals involved in the
purchase of KSEV from Dr. -- is it Duncan within a
N or Duncam with a M?
With an N, Nancy
\\'ere there any other purchasers involved in your
obtaining ownership of KSEV?
Yes.
Who were the people?
Tom Rutter, R-u-t-t-e-r, and gentleman named Harold
Sell(HS, s-c-1-1-e-r-s.
Anyone else?
Had done business with Mr. Sellers before?
No.
Had you ever clone business with Rutter before?
Yes.
Was he a part owner of RY-TY?
Yes.
Was he a part owner of Watch
Rkher, BC>mhor! & Probst
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t<OUSTON. OEXAS '77002
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A Yes.
Q Was he a part owner of Jan Rich?
A No,
Q That means Mr.. Rutter was involved with the
Sportsmar.kets but not with the Nice-n-E.Z. Club.
ls that a fair statement?
A Correct.
Q Are Mr. Rutter and !Or. Sellers still involved or. do
they have any ownership interest in KSlN?
A Yes.
Q At this time does anyone else have any mmership
interest in KSEV other than Mr. Rutter,
Sellers, and you and/or your wife?
'.l'herce' s a gentleman named Charles Wilson and a
gentleman named Hr, Mueller.
Q Do you know his first name?
A No.
Q Do Mr. Rutter, Mr. Sellers, MJ:, and !h.
reside in the Houston-Harrir; County atea?
A Yes.
Q Are Mr. Wilson -- strike that.
Is the ownership interest a
partnership or a corporation?
A Corporation.
Q Who is the major.ity stockholder?
Richer, Bamhmi & Prob!
'>00 MILAM, SUHE 4200
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1 A Harold Sellers.
2 Q What percentage of the stock does Sellers
3 A I'm not sure.
4 Q What percentage of the stock do you and/or your
5 wife
6 A 12-1/2 percent.
7 Q What percent<lge of the stock does Mr. Rutter own?
a 12-.l/2 percent.
9 Q What <tbout Mr. Wilson?
10 A 2 percent.
11 Q And th. Mueller?
12 A I'm not sure.
13 Q Who is the prin1ar.y entity who purchases advertising
14 time fl:om KSEV?
A a long list of popl. There is no pr1mary
16 entity.
17 Q l'ou don't have one entity that's your largest
10 purchaser?
1 9 A
20 Q Who are some of the people who purchase air time,
21 or 1 should say, ad t.ime from KSEV?
22 A Does this have any relevance in what we're doing?
23 Go ahead and answer.
24 A I mean the list is there is no specific. l mean
25 there's 150 people on the list or so. I don't
BOO Mll.AM, .,.00
HOUSTON, TEXAS 7?002
713'6SO-OSOO
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know.
(By Hs. Brownfeld) Do you have business records at
KSEV
Yes.
-- reflecting your list of ad purchasers?
Yes.
Name three for me, would you?
r. w. Marks Jewelers, Barney Garver
14azda-Volkswagen, and American Airlines.
Do you have a contract with KSEV?
Yes.
What ar-e the terms of that contract, in tern1s of
employn1ent?
They're still being worked out.
Do you have a atto1:ney this contract
for you?
Yes.
Who is that?
Mark Licata.
Is it a true statement, Mr. Patrick, that Mr. Kamin
not at any time retained by you with regard to
in civil
Correct.
You mentioned earlier in response to l1r. Koury's
question that Paul Harasirn delivered -- and this is
Rither, Bornhort & Probs!
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your -- nfour punches" that were devastating.
And I know you were referring to four articles.
And you then testified that these four articles
called your entire reputation as a businessman into
doubt.
Is that a fair summary of your testimony?
Yes.
Which businesses that you dealt with specifically
told you that l?aul Harasim' s comments or the events
of !4ay 30, 1987 called your into doubt?
No one specifically told me.
Which bank specifically told you that Paul
Harasiw's comments or the events of Nay 30, 1987
called your reputation into doubt"(
No one specifically told me.
You also testified, Patrick, that you suffered
no long-term physical side effects as a result of
the incidents of tlay 30. Jn othec wou:ls, your
scac's hidden if you have a scar, it's hidden by
your eyebrow, and the bruise on your thigh cleared
up. l'Ue those fair statements?
Yes.
'lou also stated you suffered humilitation and
e>mbarraHsment and that's really your long-term
damage. Is that fair?
Besides the financial losses.
Richer, Bcmfmrt & Probl!
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Well, in addition to the finD.ncial losses, you
suffered humilitation and embarrassment, true?
Yes.
And that this has affected you and has constituted,
to use your term, mental anguish. Is that l'air?
Yes.
You nevertheless stopped seeing Dr. Kramer
subBequent. to this incident. Is that true?
I had stopped Seing him befoJ:e this incident.
And you never. saw Dr. Kramer. again with regard to
this incident, did you?
After the Post helped knock me out of busy, I
couldn't afford to do it.
So, your answer 1s: No, as a result of this
incident you didn't see Dr. Kramer?
As a result of this incident, I couldn't afford to
see Dr. Kramer.
Did you t.ever attempt to see any othe1: psychiatrist
OJ: therapist of any kind with regard to this
incident, maybe a less expensive physici<:>_n or.
health care prov.-Lder?
Not to my knowledge.
Do you have i.nsur<lnce, Mr. Patrick"?
'l'oday 1 do. I'm not so sure that I did then.
Do you know that you did not?
Rioher, Bomhart & Probst
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I don't recall.
If tile medical records indicate references to your
insurance carriers around the time or at the time
of 30, 1987, is it a fair statement to say that
you were covered by insurance?
I mz,y have, had insurance, but I'm not so sure they
paid. J think I paid out of my pocket.
My question is: If your medical records indicate
that you were covered by insurance, is it a fair
statement to say that you had the ability to use
that insurance or at least submit a claim?
No, that's not a fair statement.
Whilt's wrong with that statement'r
Well, r don't know what the deductible was.
you could be -- you could technically be covered by
insurance; but if you're deductible is high enough
you have to it out of your pocket, then
technically you're not covered, Certainly --
MS. BROWNl'ELD; we're going to make a
formal request --
MS. BROWNFELD: 1 didn't mean to
interrupt you. Were you done, sir?
THE WITNESS: Yes,
MS. We're going to make a
forn1al rE>guest for his insurance coverage from the
Ricfler, Bamflart & Probst
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tirne immediately before until the lime after.
We'll send a formal one, but l'm letting you know
it's coming.
I doubt if it exists .
MR. When you make such a
request, we'll respond to it when we get them.
(By Ms. Which 'l'SO location did you
visit after the accident?
I think the one on Katy, Dairy Ashford.
Is that \:he l'SO location you typically visit?
Yes.
Did any optometri.st there tell you wez:-e having a
problem with your vision?
I don't recall.
What employers told you that <n; a result of the Nay
30th incident and Paul Har.asim' s characterization
of that incident you were not as an employee
or that you couldn't get a job?
No one said anything specifically, but you know
when it's happening.
Your answer You can't give me a specific
example?
No, huh-uh.
Isn't it true, Mr. Patrick, that after the i\lvin
Boom Boom Jackson incident ilt the Nice-n-E:.?.. Club,
Richer, Bcmhcr1 & Probst
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Mr. Reid threatened to withdraw his name from the
club if you got into any more trouble or kept up
your unpr.ofessional behavior?
That's an absolute lie.
Is it your testimony here today then, sir, that
Reid never threatened to withdraw his name from the
club if you continued your unprofessional behavior
immediately after the Boom Boom Jackson incident?
MR. NE'l'TLES: I'm going to object to
counsel continuing rephrasing the question, just
merely asking il: again by saying or prefacing it
with "isn't it your testimony." Clearly, he's
alx-eady asked and that ql1estion.
NS. flROWNl'EI,D: Are you instructing him
to answer?
NR. NET'l'LES: Does it sound like I was
instructing? I was fi.ling an objection.
(I\y Ms. Brownfeld) Go ahead and answer the
question.
lf he did, he didn't say it to me.
Dicl you ever offer to sell the Nice-n-E.Z. Club to
Reid?
He was interested in buying it, I
NS. BROWNFELD: I'll object as
non respon s i. ve,
Richer, Bomhor1 & Probt
HOUSTON. HXAS 7700>

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Did you ever offer to sell the club to Mr. Reid?
I don't know that I offered to sell it. 1 think he
may have been interested in buying it. TheiCe's a
big difference.
Is your answer, you don't remember if you offered
to sell it?
1 don't remember.
You mentioned earlier- that you were familiar with
instances where Paul Harasim threat<Jned to beat
someone up. Was that your testimony, sir?
Yes.
What instances were those, and who did NIC. !larasim
threaten?
I don't know his name. But l was contacted ..._fter
the articles in the paper by a gentleman who told
me he was a former landlord of narasim's and that
Harasim would frequently explode and threaten to
come ove1: and kick the shit out of him, beat him
up, break his arms, break his legs. !le would just
turn into a raving lunatic.
Was this a landlord here in Houston?
Yes.
You Oon' t recall his name?
I think tve may have it on file.
MS. BROWNFELD: We've askecl for people
Richer, Barnhort & Probst
1100 MILAM, SUITO <200
>IOU5T0fi, TEXAS 7"/0M.
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with knowledge of relevant facts, Bentley. r think
this is relevant, and you have an obligation to
supplement your- interrogatory. ll'e would ask that
be done so that we can go forward with discovery in
this case and pr-epare for trial. If plai11tiffs are
attempting to hide behind a log and spring a
surprise witness on us at trial, I would be real
disappointed. So, please supplement your answers
as qui_ckly as possible so that we can move this
case along.
11R. NET'l'LJlS: I want to object to all
sidebar comments just made by opposing counsel.
ask it be stricken from the r.ecord.
NR. KOURY: Mr. Nettles, would you agree
that we could possibly put a blank here and and if
he's got it in his records, he can give us the name
and the
MR. Yes.
(By Hs. Brownfeld) Othcr than the phone call you
claim to recei.ve from !1r. Harasirn' s former
did you receive any other information or
do you have any regarding threats made by
Paul llarasim to beat people up, do harm to someone,
or otherwise show a viol0nt nature?
R;cher, Bomhort & Probs!
1100 MtLAM, .UIHO 4200
HOUSTON. TLXAS 77002
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A I have been told by certain employees of the Post
he has a reputation for violence. And r I vo been
told that three of his pr.eviolls marriages -- X
think there were three -- that the reasons for
divorce may have been wife abuse.
Q Which employees of the Post gave you this
information?
A I don't have their names available at this time.
Q Well, do you know who they are, Mr. Patrick?
A I might recognize them if I saw them again.
Q Well, do you need a minute to think about it, sir?
A No.
Q
NR. NETTLllS: Objection; asked and
answered. He's already responded.
(By 1-!s. Brownfeld) We're going to leave another
blank in your deposition. It appears from the
entirety of the deposition you're familar
with a number of people at the Po1:;t who you've been
able to J..ist by name with no a apparent difficulty.
Suddenly it seenu; you can not remember
individuals at the Post who gave you information
potent.ially relevant to this lawsuit. Again, you
have an obligation to supplement your interrogatory
responses. And we would ask that. you provide us
with that information as soon as possible.
B()U MILAM. -''00
BOUSTON. TEX"5 ?700>

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NE'l'TLES: I'm going to be object to
the sidebar comment of. opposing counsel and
that it be stricken from the record and that
opposing counsel be admonished from making any more
sidebar comments during the deposition. 'l'his is
clearly a discovery deposition, not one to berate
opposing counsel or the witness.
MR. KOURY: Again, Mr. Nettles, do you
have any problem with leaving a blank there, if he
thinks of the name?
MR. We will more than gladly
comply with any discovery requests as they become
available.
(By Ms. Brownfeld) From whom did you obtain
information that 111;, Harasim' s three previous
marriages ended as a result of wife abuse?
The people at the Post.
The same people who told you that Mr. llarasi,m had a
reputation for violence, or are these other people?
Other. people.
And you can't tell me who they are, can you, Mr.
Patrick?
No.
lire there any other instances of violence or
1100 MILAM, sum: 4200
f<OUSTON.T<,AS 7700>
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threated violence that you were made aware of or
that you know of with regard to Mr. Harasim?
No.
So, the three areas that I have and I want to
make sure my list is exhaustive are information
from a former landlord whose name you can't tell
me, information regarding a violent nature of Mr.
Harasim's you received from coworkers at the Post,
but you can't tell me their names now either, and
information from, again, unnamed people at thG Post
that Mr. Har.asirn had prior marriages end as a
result of spouse abuse. Is that true? 'rhose are
the three areas?
Yes.
That's the extent of the information you have
regarding threats that Har.asim made of violence
or of a violent natllre on !lr. Harasim
1
s part?
Yes,
Anything else, sir?
No.
While yol1 an<:l the Barasi1ns were inside the
Nice-n-E.Z. Club on May 30, 1987, dl.d you thr.eaten
to sue 11r. Bar.asi.m?
While we were in the club?
Yes, sir.
1100 MILAM. SUIT< 4 2Ci0)
rEXA5 7100,_
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No.
Did you threaten to sue him outside the club?
No.
WlliJe you were in the club on 30, 1987, did you
threaten physical harm to either Mr. Harasim or
Mrs. Harasin1?
No.
Did you do so outside of the club?
No.
While you were inside the club, did you threaten by
word or deed Mr. and Mrs. llarasim?
1\bsolutely not.
Do you know who t4i 1 ton and Marsha Slocum are?
Yes.
Who are Nr. and Nrs. Slocum?
Friends of Robert Reid's.
Have you ever seen Dr. Kramer's medical records
that relate to you, Mr. Patrick?
MR. NETTLES: Objection; asked and
anBwered.
BROWNFELD: I don't think so.
MR. NBTTLES: Yes, it has.
(By Well., I'm asking it agai11.
No.
MS. BR0\'1Nl'ELD: I may have a couple more;
Richer, Bcmhorl & Probs!
1100 "HLAM, SUITE 4200
t!OUS10N. TEXAS 1:'00,
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but in the interest of time, I'm going to let Mr.
Koury go ahead and I'll finish going through my
notes.
EXMHNAl'lON BY MR. KOUl<Y:
Q Mr. Goeb, I just have a few follow-up questions.
And I appreciate you being patient with me.
Do you have any homeowner's insurance?
A Yes,
Q At the time of the incident in question did your --
did the Nice-n-E:.z. Club have insurance regarding
incidents that occurred on the premises?
A I don't think so.
Q
MR. KOURY: ll'e'll follow this up, M ~ :
Nettles, with formal request, but we would ask for
any insurance policies that he individually holds
or in the corporate entity's name because of the
coun. claim.
(By Nr.. Koury) Mr. Goeb, under the total facts and
circumstances of this case, including the
counterclaim that is pending against you and the
fact that it's likely that the medical records from
all doctors will be admitted into evidence l.n this
case, don't you think it might be prudent for you
and Mr. Harasin1 to discuss the possibill.ty of
Richer, Bcmhort & Prcbt
"00 MOCAM SUOTC 4000
I<OUS,ON, T"XAO 'll"OO>
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resolving your differences amicably?
He b l e ~ l that when hG made up this big lie.
So, in your opinion, rather than trying to work out
this matter and shaking each other's hands
MR. NE'l''l'LES: Let's go off the record
just a second.
(Discussion off the Record)
(By Mr. Koury) l ~ r Goeb, after you've had the
opportunity to consult with Nr. Nettles, did you
1;ant to add anything to your previous answer?
Just that, you know, we were thinking alike. A
handshake isn't going to be sufficient. If there's
an offer made of: some monetary settlBment and -- we
have not heard any.
So, if X understand your testimony, you don't have
any problem with your medical records, including
your psychiatric r.ecor.ds, being introduced into the
public records?
X don't have any problem with anything being
int.roduced.
This is obvious but just to make sure 1 understand,
you don't know what goes on in other people's
minds, do you, sir?
You're right. That's obvious. I don't.
Since you've been in business for yourself on the
Richer, Bomhorl & Probt
0000 MtLAM, SUOTC 4200
O!OUSTON TEXAS 1700>
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radio, have you said anything about the Houston
Post which you would view as negative or critical?
I don't think so.
Have you '-laid anything about the Houston Post that
you consider a neutral, a wash, like the articles
you characterized earlier in your deposition?
l'ln sure that I have made refecenc0 to things that
have been written by some of: the writers about the
Asttos or various subjects; but nothing comes to
mind. I've had a few Post people on the air.
And, Mr. Patrick, or Mr. Goeb, you've been free to
discuss Mr. Har.asim, if you've seen fit. Isn't
that conect?
Yes.
'l'o your recollection have you menti_oned him while
you've been on the radio?
I've only mentioned that I can't mention him.
Why can't you mention him, sir?
I don't feel it would be appropriate.
What did you say when you said you can't mention
him?
Occasionally, since 1ve take phone calls, a phone
caller would say: Whatever happened to that
lawsuit with Paul Barasim?
I'd say: Still pending.
Richer, 8omharl & Probs!
"00 M<LAM, SUOT. 4200
HOUSTON. "tEXAS 77000
-/L>/0"0 030Q
I can't say
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anything.
so, in this country of ours, you're certainly
free as a journalist and a sportscaster to express
opinions regarding anybody, including Paul Harasim
and the Houston Post:.
Prom a legal standpoint, I don't know if 1 am or
not.
You don't know whether you're entitled to express
an opinion r-egarding anything?
Not when there's a case pending, I'm not sure what
the rules are.
But you're sure of the rules, in your own n1ind,
regarding anybody else, incl\lding the Chronicle's
Fowler, that you can express an opinion if you
wanted to?
Well, he works with me now, so sure.
How i.s Mr. Fowler working with you currently?
He does a 10-minute give-and-take session with me
each morning.
But even if l'o1qler wasn't working with you and
he was only employed by the Chronicle, you feel
like you could still have a Uttle fun with him and
express your opinion from tim to time if you
thought it appropriate?
Correct.
"00 MILAM. SUW 4'0C
HOUS,ON. HXM 77002
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When you said fot1r ponchos devastating from Mr.
Harasirn, could you just describe for me, to make
sure 1 understand -- X think I which
four punches you're talking about. Tell me if you
would, please.
1'/ell, in very rapid succession, there was an
article about stockholders displeasure and
aLluding to the fact I didn't keep accurate books,
alluding to the fact I wasn't a good business
person, there was displeasure with me. 'I'll en that
was followed up within days of an article about my
bankruptcy. That was followed up an article
within days about Boom Boom Jackson. And then that
is followed up several later with articles
about what happened that night, which were untrue.
I'm sorry. The Boom Boom Jackson article and then
what is the fourth?
the fourth one was the articles -- the first
three in narasim' s column, writt<.'ln by Harasim.
fourth one was just a description of what
happened that night given by Barasim to another
Post writer written in another section of the
paper. And it was also in the Chronicle he was
quoted.
you contacted to give your version in that
Richer, Barnhort & Probst
"00 SUITe -'>00
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292
1 fourth article?
2 A Yes.
3 Q Did you give your version?
4 A Yes.
5 Q Was that reported?
6 A T.'m not sure how it was reported. There were
7 quotes fr:om both sides.
8 Q But you were contacted and did voluntarily
9 partici.pate in an interview regarding the incident
10 l.n question?
11 A l bGlievG so, yes.
12 Q And in your opinion that was fair, generally?
13 A Well, it was a fair approach. 1 don't the
14 result was fair, but it was a fair approach.
15 Q It was a fair approach. That's your first
16 response?
17 A Yes.
16 Q Was it, in your opinion, fair journalism?
19
A r. would have to read the articles again.
20 Q As we sit here today, you don't have any
21 recollection that you thought it unf<lir
22 journalism, regarding the fourth article, did you,
23 sic?
24 A Yes. I thought that his opinions were weighted a
1
25 little bit mote heavily i.n the Post than they were
""" Ml LAM, 4>UO
liOUOTON. TEXAS 77002
293
1 in the Chronicle.
2 Q
An'd "his," you mean --
3 A flarasim's.
4 Q Was it untrue journalism, the fourth article?
5 A His part was.
6 Q
But the Post interviewed two people in what amounts
7
to probably a swearing match and reported both
sides. Is that correct?
'
A
I don't know what you mean a swearing match.
10 Q
would you have had the newspaper pick on one side
11 to report?
12 A
13 Q Mr. Goeb, we reserve the remainder of. our questions
until the time of trial_. But I just ant you to
15 understand that my first guestion in this session
16
of examination should not be interpreted as a sign
17 of weakness. You know, as I'm sure you understand,
10
do not consider this suit having merit. And IH"
19
are prepared to defend it to the end. But it was
20
my attempt as an lawyer and officer of the court to
2l
resolve this matter, if possible, amicably.
22 Thank you, sir.
23
2.4 EXAMlNATJ.ON BY NS. BROWNFEI,D:
25 Q Just a couple more. On your tax return,
Richer, Bornhort & Probt
I l(l() MILAM, $U> >1>0
O<OUSTON, TEXAS ?700>
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Patrick, do you file as Dan Patrick or as Dan --
what is it, Daniel s. Goeb?
Yes.
It's Daniel?
Danny,
Danny? What is the s, Scott?
Scott.
What's your wife's name on the tax retur-ns?
Janetlea Patricia.
Is Janetlea one word?
Yes.
L-e-a?
Yer,,
And slw uses Goeb, also?
Yes.
What's your social security llllmber?
215-56-8180.
Do you know your wife's social security number?
No.
And your current ad<.hess is Thistlecroft?
Yes.
'l'hat's the same address you've used <lll your tax
returns fr-om '83 until the present?
Correct.
And you and your wife file a joint return?
Richer, Bamhcn! & Probst
1100 Mot.AM. sun ""oo
HOUSTON, T"XAS 77002
7131050-000Q
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Yes.
Do you file a 1040 form?
I believe so.
NS. BROWNFELD: J think tlaat's all I
have. And any additional questions will be
reserved until the tim" of trial.
MR. Nll'l"l'LES: We reserve all guestions
until time of
"00 MII.AM, 4,00
IIOUSTON. TLXAS "17002
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-
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THE STATE OF
----------------'
COUNTY OF
I, DANNY SCOTT GOEB, hereby certify that
I have read the foregoing transcript of my
testimony given in the foregoing numbered and
styled case and that same is true and correct to
the best of my knowledge and belief.
I further certify that any and all
corrections have been made on a separate page and
initialed by me.
1989.
'"
This the ______ day of ------------------
DANNY SCOTT GOEB
SUBSCRIBED AND SWORN TO BEFORE ME, this
day of --------------------- 1989.
Notary Public in and for
the State of
My Commission Expires:
Ricner, Barnhart & Prob$1
1100 MIW\M, SUI'rE 4200
HOUSTON mXAS 77002
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THE STATE OF Tt:XAS :
I, the undersigned Certified Shorthand
Heporter of the State of Texas, hereby certify that
this deposition transcript is a true record of the
testimony given by the witness nanwd herein, after
said witness was duly sworn/affirmed by me.
I further certify that I am neither
attorney nor counsel for, related to, nor an
employee of any of the parties to the action in
which th.i.s was taken. Further r am not a
relative or employee of any attorney of record in
this cause, nor do I have a financial interest 111
the action.
subscribed and sworn to on this the 26th
day of July, 1939.
f:, CSR
Certificate No. 976
Expires December 31, 1990
Richer, Bamhcrt & Probst
"00 SUtH <>OO
>WU"'ON, ><>A ,."'"'
710,600-0000
298
1
NO. 87-41780
2
3
DANNY SCOTT GOEB a/k/a
'
IN THE m'
4 DAN PATRICK
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' HARRIS COUN'l'Y, '1' E X A S
PAUL llARAS IM AND
'
'l'!l E HODSTON POST 151st JUDICIAL DISTRIC'l'

(VOJ,UME II)
l, JOHNNIE E. BARNHAH'l', Certified
Shorthand Reporter in and fol- the St<:1te of 'l'exas,
hereby certify pursuant to the Rules and/or.
agreement of the parties present. to the following:
That this deposition transcript is a true
record of the t0stimony given by the witness, DANNY
SCOTT GOEB, on July 10, 1989, after sai<l l1itness
was duly by me,
is the charge
for the preparation of the completed deposition
transcript and any copies of exhibits, charged to
Defendant Paul HarCJsim
- --- --- --- --'- -- ------- ...... ---- ----- ---- - -- --- --- -- --- -- ...
--------- .. --- .... --- ....... ____ -------- ------------------- -- ----------- "'--.
Richer, Bamhart & Prob>t
noo sum: d200
'r<.XM "!"IOU>
713/oso-oaoo
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State Bar No. __________ -- ______ ---------- ... __ .. ___ _
1'h<Lt notification of the submission of the
deposition transcript was given to
...... ------- -------- .. --. ------------,
that
the transcri.pt was to be examined and signed and
returned to Hicher & Barnhart, Inc. by
'.rhe attached
change/Correction Sheet contains changes, if any,
and reasons therefor, made by the witness.
That the deposition was _____ was
signed and returned to the deposition
offic<.Or by the witnes.s.
That the original deposition transcript,
or. a copy ther0of, together. with copies of all
exhibits, was delivered or mailed in a postpaid
properly addressed wrapper, certified with retur.n
receipt requested, to the attorney or pacty who
asked the first question appearing in the
on __ __ 1_9_8_9 _________ for safekeeping
and use at trial.
'J.'hat pursuant to information made a part
of the record at the time sa.i.d test.inwny was taken,
the following includes all. parties of record:
Richer, Bomho11 & Probt
HOO MILAM, OUlTO 4>CO
HOUSTON. TLXM 77002

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For tile Plainti.ff:
Mc1.ain, Cage, 11ill & Niehaus
6363 Woodway, Suite 800
By: A. Bentley Nettles
B'or the Defendant:
Baker & Botts
3500 011e Bl1ell Pl.aza
By: Gail Brownfeld
'1'13A No. 03217500
For the Defendant The Houston Post:
FuJ.bright & Jaworski.
1301 ~ k i n n e y Street
!lou<> ton, 'l'exas 77010
By: A. Frank Koury
'I'hat a copy of this certificate was served
on all. parties shown herein.
Subscribed and sworn to on this the
""" ""AM. sun-c < 'oo
HOUSTON, HXAS 77002
""''"0-8300
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25th
-----------
Certificate No. 976
Expires D"cember 31, 1990
Richer, Somhort & Probt
1100 MilAM SUITe 4200
>oOUS"ON, TnAS '7002
7>3.'650 oooo
301

Danny Scott Goeb - Oral Deposition - July 10, 1989 - Volume II

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