SEPTEMBER 26, 2000

1 UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

2 ------------------------------x

3 CARYL B. LEVENTHAL,

4 Plaintiff,

5 v. 99 Civ. 10405 SAS

6 JANET RENO, Hon., Attorney

General of the United States,

7

Defendant.

8

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9

11

Before:

12

HON. SHIRA A. SCHEINDLIN,

13

District Judge

14

APPEARANCES

15 MICHAEL R. BRESSLER

Attorney for Plaintiff

16 LILA AYERS

SHERILYN DANDRIDGE

17

MARY JO WHITE

18 United States Attorney for the

Southern District of New York

19 ERIC FISHER

SHEILA GOWAN

20 Assistant United States Attorneys

21 TRIAL

22

23

24

25

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10 THE COURT: Your next witness?

11 MR. BRESSLER: Mr. Leventhal.

12 THE COURT: Mr. Leventhal.

13 MICHAEL LEVENTHAL,

14 called as a witness by the plaintiff

15 having been duly sworn, testified as follows:

16 DIRECT EXAMINATION

17 BY MR. BRESSLER:

18 Q. Where do you reside, Mr. Leventhal?

19 A. 197 Seventh Avenue in Brooklyn.

20 Q. How long have you lived at that address?

21 A. For about 20 years now, sir.

22 Q. Are you married?

23 A. Yes, I am.

24 Q. For how long have you been married?

25 A. For almost 20 years.

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1 Q. To whom are you married?

2 A. Caryl, Caryl Leventhal.

3 Q. For how long did you know Mrs. Leventhal before you got

4 married?

5 A. A couple of years.

6 Q. Do you recall how you met Ms. Leventhal?

7 A. Yes, I do. We were, we worked together. We were

8 executive recruiters and we just got to know each other, we

9 became friends. I remember I turned to her once and I said,

10 Hey, Caryl, this is when I decided that I wanted to form my

11 own business, and I said, "Hey, Caryl, how would you like to

12 starve with me." She said sure, because she was always big on

13 that. She's a real go-getter type person.

14 We formed our own business, Intercontinental Data

15 Management, and almost went out of business in the first three

16 months but really hung with it because, you know, we both like

17 pressure, we like walking on the edge. We like just having,

18 being in a situation where we're in control of our own

19 destinies. And then it just took off. It did very well. The

20 partnership became a partnership loving too. And that was it,

21 that's how we met and that's how everything got formed.

22 Q. So when did you form -- well, when did you form your

23 business partnership?

24 A. Business, probably around 1980, I believe.

25 Q. Okay. And for how long did you work with Mrs. Leventhal

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1 in business capacity?

2 A. Okay. We worked together I would say in a heavy-duty way

3 probably for about ten years exclusively. It was a mama papa

4 operation. We had one partner for awhile. We may have had

5 one person coming and going but you know our life is basically

6 the two of us. And the organization originally started as an

7 executive recruitment firm, programmer, systems analysts, data

8 processing management people. We would be meeting with

9 people, we do some head hunting, we go into companies and do

10 contractual negotiation. A lot of detail stuff, a lot of

11 dealing with people, a lot of detail things. Gradually it got

12 into computer consulting, computer training.

13 And around, and again, I didn't practice up for this

14 thing here, so I'm winging it, I think around 1990 or so,

15 Caryl just looked at me and she said, "You know, Michael, I

16 can't stand programmers any more for awhile, let me get out of

17 it," and I said, "do whatever you want. We're doing great,

18 it's fine, it's wonderful, I'm doing what I want, you do what

19 you want."

20 She got involved in other things and still helped in

21 the business in the evening because it's mama papa and if I'm

22 away on a contract, doing any technology work or what have

23 you, somebody still has to do the heavy-duty detail type work

24 accurately. That's important. And she's very good at that.

25 She was very good at that stuff.

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1 THE COURT: This is getting into long narrative

2 answers. As I mentioned yesterday, we need a question and a

3 very pointed answer to the question.

4 Q. What was your view of Mrs. Leventhal's job performance

5 when you were working together?

6 A. I was the senior partner, I would have thrown her out if

7 she wasn't doing a good job.

8 MS. GOWAN: Objection, your Honor.

9 THE COURT: Overruled.

10 A. There's always a line between business and pleasure.

11 Caryl was a good worker, a good partner. That's why the

12 partnership lasted. Caryl's a wonderful person, and that's

13 why the other partnership will last forever. Separate and

14 distinct.

15 Q. What duties did Mrs. Leventhal perform while she was your

16 business partner?

17 A. At IDM?

18 Q. Yes.

19 A. A lot of troubleshooting work, a lot of angry clients, a

20 lot of angry companies, putting out fires. There was a

21 contractual problem, she was involved. There was a problem,

22 she was involved. Getting résumés down right and being able

23 to market people. Spiffing people up, teaching them what to

24 say, teaching them what to do. These are technology people.

25 I'm a techie too but I'm a talking techie, most people aren't.

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1 Technology people sometimes need a lot of work.

2 Also, you're dealing with MIS professionals, you're

3 dealing with the IS manager, the information services manager

4 or director, maybe the vice president of a company. Caryl got

5 involved in all that stuff.

6 Q. Do you recall learning that Caryl had multiple sclerosis?

7 A. I do.

8 Q. What did you do?

9 THE COURT: When was that?

10 Q. Yes, when was that?

11 A. I believe it was in early 1992, she was on the way to work

12 and she turned to me very matter-of-factly and said, "Michael,

13 I'm blind in one eye." And I said, "What?" And she said,

14 "I'm blind in one eye." I said, "How long did it happen?"

15 She said, "About four days ago, it's been getting darker and

16 darker," and I figured it might have been a detached retina or

17 something like that I took her to the eye doctor. The eye

18 doctor said --

19 MS. GOWAN: Objection, your Honor.

20 THE COURT: The point is you learned in 1992 that

21 that was the diagnosis.

22 THE WITNESS: Yes.

23 Q. Well, did you do anything to care for your wife after you

24 learned she had multiple sclerosis?

25 A. Sure. As soon as I learned very quickly that there's no

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1 treatment, no cure, I did a lot of research into it. I took a

2 shot, designed a diet, special diet, special nutrition,

3 nothing that crazy. And it seemed to really stabilize her.

4 It created a situation where -- because I've always felt that

5 MS was a metabolic problem, an autoimmune problem so to speak,

6 and the best thing in that situation is to more or less level

7 things off.

8 MS. GOWAN: Objection.

9 THE COURT: We're getting pretty far afield. The

10 point is you came up with a diet.

11 THE WITNESS: Oh, definitely.

12 Q. Okay. What is your education?

13 A. Oh, and it squared things away. For years, years,

14 nothing.

15 THE COURT: This is not in response to any question.

16 What is your highest level of education, is that what you

17 asked?

18 MR. BRESSLER: Yes.

19 A. I have a bachelor's degree, nine years going at night

20 working my way through.

21 Q. Are you currently employed?

22 A. Yes, I am.

23 Q. Where are you employed?

24 A. I work for the Association of the Bar of the City of New

25 York. I designed and manage the research technology in their

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1 library.

2 Q. Did your own professional life change --

3 THE COURT: When did you begin there?

4 THE WITNESS: September 3, 1995.

5 Q. Did your own professional --

6 A. No, '96, I'm sorry, I apologize.

7 Q. Did your own professional life change in any way upon

8 learning that Caryl had, Ms. Leventhal had multiple sclerosis?

9 A. Well, it didn't change any way initially, because for

10 years she was in remission. It changed after she was

11 butchered at INS and I had to stop my consulting firm and I

12 had to take what they call a nine-to-five job because I did

13 the cooking, I did the cleaning and I had to take care of her.

14 When you're a consultant, when you have your own

15 business, your hours and your time, it's not just your own.

16 When she became ill in the summer of, well, the spring of

17 1996, after her stint at INS, everything just changed. I

18 stopped everything, I had to stop working for awhile which

19 isn't good because I'm not very responsible with money and we

20 didn't have any savings and I stayed home in the summertime.

21 And that was -- and took care of her. And I've been taking

22 care of her ever since and working nine to five and doing a

23 responsible position. But I just can't walk the edge any more

24 and do the consulting, which I don't mind because I spend more

25 time with Caryl which is great. But still it's just a

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1 different life and a lot less money.

2 Q. Okay. Are you involved in the military service?

3 A. Yes, sir.

4 Q. Do you have a rank?

5 A. Lieutenant colonel, infantry.

6 Q. In what military organization?

7 MS. GOWAN: Objection, relevance.

8 THE COURT: What was the last question?

9 MR. BRESSLER: I said in what military organization.

10 THE COURT: He can answer that.

11 A. State guard. It's a state command.

12 Q. Have you received any decorations or honors?

13 THE COURT: Now, that is irrelevant.

14 A. Yes, I have, many. Sorry.

Note: Yes your honor... Lieutenant Colonel Leventhal has many.  In Brenda Grant's testimony, you allow the US Attorney to establish credibility without comment.  But  Michael Leventhal's testimony is crucial.  It is based on integrity.  And while you have a right to be a stickler with the law and say that this question is irrelevant, you know full well that the US Attorney will attempt impugn the integrity he holds so dear.  So why not give a disabled plaintiff an equal shot.  Let Mr. Leventhal talk about being decorated in Desert Storm.  And why not let Mr. Leventhal state that (some three weeks after receiving a vicious anti-Semitic death threat that you have excluded from evidence) he was decorated for bravery when in uniform.  At that time, he saved the life of a civilian in a homicide scene.  Is it because as you already know, he saved the life of someone the jury could relate to?  Is it because he risked everything to preserve the life of someone just like those sitting in the jury box? 

15 Q. Did there come a time when you had a discussion with your

16 wife about her seeking employment in civil service?

17 A. Yes, I did.

18 Q. Do you know when that conversation occurred?

19 A. Late '94, early '95, she was working for Reis Reports at

20 the time. This is important, all right, this is important

21 because Caryl had worked there for three and a half years and

22 she liked the people. I knew the people, I liked the people.

23 But she was sort of worried because she thought they were

24 moving out, but also, also because she felt like she was

25 getting a little pressure from a controller, business manager

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1 who was a little tight, wanted to cut costs on medical plans.

2 They knew she had multiple sclerosis for years, because she

3 was very open about it, at Reis and everywhere else, and she

4 said, "You know, it might be a time to move on and let me get

5 a chance where it's stable." To pay insurance plans on our

6 own is expensive. And she said, "I think I'm going to work

7 for the government."

8 MS. GOWAN: Objection.

9 THE COURT: Sustained. That answer should be

10 stricken.

11 Q. Were you against her working for the government?

12 A. No, I just thought she might be bored because it had to be

13 simpler than the work that she was doing.

14 Q. Do you recall the circumstances surrounding her

15 circumstances beginning at INS?

16 A. That's when the complaints started. It began in May.

17 MS. GOWAN: Objection.

18 A. Not when she physically started there, when she was made

19 an job offer --

20 THE COURT: If you think, Mr. Leventhal, that by

21 talking over the objection you can get things in front of the

22 jury that are objectionable, that's wrong. When an attorney

23 says objection, you stop, I rule, then we continue.

24 THE WITNESS: I didn't know that.

25 THE COURT: Talking over her to finish your statement

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1 is inappropriate. So let's back up. The question was?

2 Q. Do you recall the circumstances surrounding

3 Ms. Leventhal's starting work --

4 THE COURT: That's a bad question. What does that

5 call for? He's allowed to testify what he personally saw or

6 heard, not what somebody else said. You know that.

7 MR. BRESSLER: That's not what I'm asking for.

8 THE COURT: That's not a good question and that's why

9 we had a very bad answer. What do you want to know?

10 Q. Well, did Caryl immediately start her job when she was

11 offered, after she was offered a position?

12 A. No, sir, she was told that she couldn't start.

13 THE COURT: You see. "She was told that," you can't

14 say that. The answer is no, sir, she didn't start.

15 A. No, sir.

16 THE COURT: Next question.

17 Q. Did you make any efforts to help her secure her position?

18 A. Yes, I did.

19 THE WITNESS: I apologize, your Honor, this is the

20 first time I've ever done this.

21 THE COURT: I understand.

22 Q. I'd like to show you what has been marked Plaintiff's

23 Exhibits 1, 2, 3 and 4.

24 (Handed to the witness)

25 MS. GOWAN: Your Honor, defendant objects to all of

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1 these exhibits on relevance and hearsay grounds.

2 THE COURT: You know, if the simple answer to the

3 question what did you do to help her was I wrote letters to

4 the INS, I would take that answer. I wrote a series of

5 letters. Is that the question and is that the answer?

6 MR. BRESSLER: Well, in addition --

7 THE COURT: Let's get that first. Is that one of the

8 things you did to help her, did you write letters,

9 Mr. Leventhal?

10 THE WITNESS: I wrote all the letters.

11 THE COURT: The question was what did you do to help

12 her and the answer is I wrote letters.

13 THE WITNESS: I wrote letters. Could I say who I

14 wrote them to?

15 THE COURT: To the INS, right.

16 THE WITNESS: No, to the White House and the United

17 States Senator who got involved. That's why they hired her,

18 after my sending the letters.

19 THE COURT: You don't know why they hired her.

20 What's the next question?

21 MR. BRESSLER: I'm going to show Mr. Leventhal what's

22 been marked as Plaintiff's Exhibits 12 and 13.

23 MS. GOWAN: Your Honor, again, this is all completely

24 irrelevant. It deals with the period prior to the start date.

25 THE COURT: I understand. Are these more of the

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1 same, you wrote letters to people?

2 THE WITNESS: Yes, I wrote all the letters.

3 THE COURT: You wrote letters to other people also.

4 THE WITNESS: Yes, your Honor.

5 THE COURT: Those people included the EEOC and the

6 OPM.

7 THE WITNESS: EEOC? I don't know where I was

8 writing. I was writing everywhere. I had spoken to -- can I

9 explain?

10 THE COURT: No, you can't explain. You just tell us

11 where you wrote to. Office of Personnel Management, EEOC

12 Division. That's one of them. The other is OPM.

13 THE WITNESS: It's all OPM.

14 THE COURT: Okay.

15 THE WITNESS: All OPM.

16 THE COURT: That's how he tried to help, he wrote

17 letters and he told us where he wrote them to.

18 Q. It was you who wrote -- was it you who wrote the letters

19 that are marked as Plaintiff's Exhibits 12 and 13?

20 A. I wrote all the letters.

21 THE COURT: This was in October of 1995.

22 THE WITNESS: No, this was in, from probably June to

23 August, June to August of 1995. I wrote many letters.

24 THE COURT: Right. I'm also looking at Exhibit 13

25 which is October 1995.

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1 THE WITNESS: That was the last one probably.

2 THE COURT: So from June to October of 1995.

3 THE WITNESS: Yes, your Honor.

4 THE COURT: All right. Go ahead, Mr. Bressler.

5 Q. What role did your wife play in writing those letters?

6 A. None.

7 Q. Do you recall Caryl's first day of work at INS?

8 A. I --

9 THE COURT: You mean the date when she started? Do

10 you know what month she started working?

11 THE WITNESS: She started working in late October of

12 1995.

13 THE COURT: All right.

14 Q. Do you recall her health condition at that time?

15 A. Oh, she was exuberant, happy. She took great pictures for

16 her IDs. She said, "Gee, they really know how to take good

17 pictures of me." She was very enthusiastic.

18 MS. GOWAN: Objection.

19 THE COURT: I'll allow it. She was happy.

20 Q. Did there come a time when she expressed dissatisfaction

21 with her job at INS?

22 A. Yes, almost immediately.

23 THE COURT: That's all you need. Almost immediately.

24 Okay.

25 Q. Did she tell you the nature --

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1 THE COURT: I'm not going to allow what she said

2 anyway, so it doesn't matter.

3 Q. From the time she started, did you notice a change in her

4 health condition?

5 A. Definitely.

6 Q. When did you first notice?

7 A. With inside of a couple of weeks. She had come back and

8 she was very scared and she told me, "Michael --"

9 THE COURT: I can't take what she told you. All I

10 can take is your observation. You noticed the change in her

11 health condition.

12 A. She was in pain.

13 Q. What was the nature of her pain?

14 A. Pains in the arms, pains in the legs, headaches, and she

15 just got worse as time went on.

16 Q. Okay. Do you recall, for instance, her condition in

17 January of 1996?

18 A. I always watch Caryl, I always know her condition.

19 Q. Well, what was her condition at that time?

20 A. In January of 1996 she was fatigued, she was almost

21 frightened. There was no enthusiasm. It was like she was

22 going into battle when she'd go off to work.

23 Q. How about in February of 1996?

24 A. She was showing some signs that were beginning to worry me

25 because I watched her for many years.

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1 Q. What signs were those?

2 A. Starting to get a little floaty at times. She was really

3 in pain and she'd come home and she'd just fall right to

4 sleep. It was, you know, you see a train coming and you see

5 her there and you know the train is going to hit her. It was

6 that sort of thing. And she was just, it was -- she was, she

7 had problems, problems, physical pain and emotionally she was

8 just incredibly fatigued and she was starting to feel really

9 stressed out.

10 Q. How about March?

11 A. It just got worse. It just got worse, you know. I mean,

12 I'm not allowed to tell you what she told me, because I guess

13 that's hearsay.

14 Q. Right.

15 A. But it was torturous for her and she's not like that, you

16 know. This is a gutsy lady over here. I worked with her for

17 a lot of years, I know her. She's not like that.

18 Q. I'll jump to May of 1996.

19 A. She was showing signs. I knew something was coming on. I

20 could see it, I could see it in her. I know what, how her

21 multiple sclerosis goes, I've studied it for ten years, I've

22 read about MS. You see signs if you're constantly watching

23 somebody.

24 Q. Can you tell us what signs you saw?

25 A. Sure, she was drifting away from me. You start to, in

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1 late May of 1996, you know, you talk and you see a more

2 distant look and it was always the pain, always the pains in

3 the arms, and the legs and the head. But it became more than

4 that. It was just, everything was clouding up for her. I

5 know the look. I know what happens when a person starts to

6 slide.

7 Q. So she was -- she was -- you noticed these symptoms from

8 the time she started at INS until, we'll talk now until about

9 June of 1996?

10 A. They were purely physical and you know heavy pain and

11 fatigue until the spring time. And she was getting nervous

12 all the time, really like something was really bugging the

13 heck out of her. I can't tell you why I know. But in the

14 late spring I could see the mental stuff starting, with the

15 floating away and the distancing.

16 THE COURT: We're going to interrupt now for our

17 luncheon recess and we'll stop now and we will reconvene at

18 2:15. I think we'll finally be on time today and really start

19 at 2:15. I'll see you then, have a good lunch.

20 (Continued on next page)

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NOTE: In theory discrimination cases against the federal government are decided by jury.  But this is far from true in federal court.  The US Attorney is very skilled in this type of back door law.  Just prior to the trial or during a trial when the jury has not reassembled, the US Attorney makes arguments designed to bend the way the judge conducts her courtroom, to say nothing of the judge's very important Charge to the Jury.  In this Charge, a judge instructs the jury on how to interpret facts within points of law -- as the judge defines it.

In this case and while the jury is still out to lunch, the US Attorney explains to the judge that when filing suit against the federal government, the concept of "Physical Discrimination" is governed by rules in the Rehabilitation Act rather than The American's With Disabilities Act, or ADA.  

While the US Attorney's office frequently beats down private sector companies in discrimination cases using the ADA, the federal government has exempted itself from this law.  In this way, the federal government "cooks the books" so to speak and protects itself from liability in discrimination cases.  This is only one instance where there is an appearance of fairness but in fact, through the way federal civil rights legislation is written, the federal government does not have to abide by its own legislation.  US Attorney can choreograph a trial and pre-determine its outcome.

Contrary to the ADA, the Rehabilitation Act requires that physical discrimination can be proven ONLY if it is the sole reason for discrimination.  Since Caryl Leventhal is filing suit supplying several reasons for discrimination, the US Attorney requests that the judge ask the jury to base liability (guilt under statute) on this Catch 22 logic.  You won't believe what you are about to read in the trial transcript.  Now remember... the jury is not present.  If they were, they would be appalled.    

1 (Jury not present)

2 THE COURT: Let's take a minute to talk about the

3 charge issue. I received your letter, Mr. Fisher, of

4 September 26, 2000, with respect to the first issue raised by

5 the plaintiff yesterday where plaintiff cited the Modern

6 Federal Jury Instructions. I do intend to go with the

7 instruction there and that includes both of the sentences,

8 both the sentence that the plaintiff asked for but the

9 sentence that you asked also be included, both come from the

10 same Pattern Instruction and I will charge it in that way.

11 Then with respect to the second item that you wrote

12 about, you point out that with respect to the Rehabilitation

13 Act, in contrast to the Americans with Disabilities Act,

14 plaintiff must prove that she was discriminated against both

15 solely by reason of her disability, and that's straight from

16 the Act, 29 U.S.C. 794, and a recent Second Circuit case,

17 Parker v. Columbia Pictures Industries, 204 F.3d 326, 337,

18 where the Second Circuit discussed the different proofs

19 between the ADA and the Rehabilitation Act. So to we're

20 talking about a claim under the Rehabilitation Act, then I

21 can't have a motivating factor, I have to have the phrase

22 "sole reason," her disability was the sole reason under the

23 Rehabilitation Act. Anything more you wanted to add,

24 Mr. Fisher?

Note: Yes your honor, why don't we just lynch the plaintiff and get it over with?

25 MR. FISHER: No, your Honor.

Note:  Now, do you understand the notes in red just above the discussion between the judge and US Attorney?  The judge's Charge To The Jury will attempt to force them into not finding liability on grounds of physical discrimination because physical discrimination may not have been the only reason for Ms. Leventhal being brutalized.  Do you see why filing a discrimination suit against the federal government is fundamentally rigged?  The jury is now led back to the courtroom, ignorant of the fact that "the fix is in."

Caryl Leventhal (plaintiff) doesn't realize this because of her brain damage.  Michael Leventhal, her husband and witness, understands what happened only too well.  He will now continue his testimony understanding that his wife is being "judicially screwed" no matter how brutally she was treated and no matter what evidence reveals. 

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1 THE COURT: Mr. Bressler?

2 MR. BRESSLER: No, your Honor.

3 THE COURT: Are there any further objections to the

4 charges proposed before trial began by the government?

5 MR. BRESSLER: No.

6 THE COURT: Other than what you raised?

7 MR. BRESSLER: No.

8 THE COURT: Are there any additional charges anybody

9 wants to ask for based on anything that's happened during the

10 trial?

11 MR. BRESSLER: I don't have any at this time, but I'd

12 like the opportunity to perhaps bring -- I don't expect any

13 changes, but I don't want to close the door.

14 THE COURT: I understand that, but I'll probably be

15 charging tomorrow it sounds like, there's some chance anyway,

16 so I need to be ready.

17 MR. FISHER: I'd like to reserve whatever opportunity

18 it is that Mr. Bressler just reserved.

19 THE COURT: Of course. Then let's adjourn to 2:15.

20 (Luncheon recess)

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1 A F T E R N O O N S E S S I O N

2 2:18 p.m.

3 (Jury present)

4 MICHAEL G. LEVENTHAL,

5 Resumed, and testified further as follows:

6 THE COURT: Mr. Bressler.

7 MR. BRESSLER: Your Honor, could I have the last

8 question and answer read back?

9 THE COURT: I don't know.

10 Is this the same reporter.

11 THE REPORTER: No, it is not, Judge.

12 THE COURT: It is hard to do. You will just have to

13 use your best recollection.

14 MR. BRESSLER: Thank you, your Honor.

15 DIRECT EXAMINATION (Resumed)

16 BY MR. BRESSLER:

17 Q. OK, my recollection: Well, you were describing -- well,

18 can you please tell us what was Ms. Leventhal's, your wife's,

19 physical condition in May -- we'll say in late May of 1996?

20 A. In late May of 1996, I was noticing some disturbing signs.

21 She still had an increasing magnitude in her pains in her

22 arms, her legs, very bad headaches, fatigue.

23 She started going like this (indicating), which MS

24 people do this. It means that there is numbness. They just

25 do it -- they don't even realize that they do it. But

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1 whenever you see that, you just know that there is some

2 neurological signs and they are just trying to feel that they

3 could actually have feelings. She hadn't done that in quite

4 some time.

5 Q. OK.

6 A. But there was more.

7 Q. Go ahead.

8 A. I was noticing a problem as far as her concentration is

9 concerned. She was starting to have some problems in late

10 May. She was drifting away to the extent that normally, as I

11 had always known her up until a few months prior, she was like

12 a razor, I mean, a target, like a hawk, and her immediate

13 response was very sharp on the pick up, understanding

14 everything, and I was noticing in late May that she was

15 beginning to lose that, and that worried me.

16 Q. OK. Now, thereafter, can you tell us her condition in

17 early June 1996?

18 A. Any specific date or --

19 Q. Well, let's just say -- well, let's say up to June 7th of

20 1996.

21 A. OK, on June 7th in the evening, she came home incredibly

22 agitated, incredibly agitated.

23 Q. What do you mean by "agitated"?

24 A. Very upset, very upset.

25 Came home from work. She told me --

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1 THE COURT: Hold it.

2 THE WITNESS: I'm sorry.

3 MR. BRESSLER: OK.

4 Q. Can you just tell us -- well, can you describe anything

5 physical about her?

6 A. Yes.

7 Q. Other than what she told you?

8 A. Yes.

9 Q. OK.

10 A. She came home -- she was shaking, shaking. She was -- she

11 ran for the Ibuprofens. She was obviously in pain. She --

12 and I won't say what she said. She was talking in ways that

13 she couldn't lock on -- normally she can go from one point to

14 another. We always stay up nights talking, and she's very

15 good at going from one point to another. She was much better

16 before, but that's all right.

17 And I saw a -- that there was a loss of

18 concentration, an inability to be able to focus in on what was

19 going on. Just extreme nervousness, pain, panic, and

20 disorientation.

21 Q. Have you ever seen her in this condition prior to June 7?

22 A. This bad?

23 Q. Yes.

24 A. No.

25 Q. So this was your -- the worst she has been thus far in

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1 your life with Ms. Leventhal?

2 A. She -- it was the worst that I had seen her since she was

3 diagnosed in 1992. She was even cool when she told me that

4 she was blind in one eye and went off to work. I mean, she's

5 just -- she's a very controlled professional person normally.

6 Q. Do you recall what day of the week June 7, 1996 was?

7 A. It had to be Friday, because I'll never forget the 10th,

8 which I know was a Monday.

9 Q. OK. Well, can you tell us the condition of Ms. Leventhal

10 during that weekend --

11 A. Yes.

12 Q. -- after, so it would be the 8th and 9th of June?

13 A. Yes. That's when the classic symptoms -- and you don't

14 have to be a doctor to know, this you just have to know

15 multiple sclerosis, the classic symptoms were really, you

16 know, all the things that were built up just blossomed out.

17 MS, it is a slow thing. It is like a rock going downhill and

18 building up speed. And you know when you cross the speed

19 limit, you know it.

20 She was -- I couldn't talk to her very much. I would

21 talk to her and she would talk to me but she wouldn't really

22 talk to me. It was -- it was as if she was just -- her mind

23 was just disappearing somewhere and sliding away. And she

24 knew it. I knew she knew it. You know, you just know it.

25 And she was very frightened.

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1 Q. OK. So can you now tell us, well, what you witnessed on

2 June 12, 1996, in the morning of June 12?

3 A. Sure. June 12th -- because she always went to work before

4 me; she was like really punctual for getting there and leaving

5 at a certain time -- she got up. And I looked at her. I

6 said, Caryl, you look like hell. She said, Mike, I don't feel

7 well.

8 MS. GOWAN: Objection.

9 THE COURT: Yes. Sustained. Try and leave out,

10 please, what she said and he said.

11 THE WITNESS: All right. Just me.

12 THE COURT: Even what you said, that doesn't come in.

13 THE WITNESS: Yes, your Honor.

14 BY MR. BRESSLER:

15 Q. Just describe her condition.

16 A. She was very -- she was sick. She was sick.

17 Q. OK. Do you know if she made a call to INS?

18 A. Sure. I listened in to it. In fact, she made three calls

19 to INS on Monday.

20 Q. OK. Do you know to whom she made the calls?

21 A. The first one was to -- into the clerical pool where

22 her -- somebody called a mentor, Cathy Prather, I think, I

23 think she called at 6:45, and she wanted Cathy to see if she

24 could find Brenda Grant, to see if Brenda Grant was there.

25 Brenda Grant normally comes in a little later, but she wanted

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1 to get everything over with.

2 MS. GOWAN: Objection.

3 THE COURT: Sustained. This is not personal

4 knowledge.

5 THE WITNESS: I'm sorry, was it --

6 THE COURT: You weren't there. Tell us what you saw

7 or heard or did.

8 Q. What did you hear on that phone call?

9 A. She called Cathy Prather up.

10 THE COURT: Who is "she"?

11 THE WITNESS: I'm sorry. Caryl called up Cathy

12 Prather at 6:45 in the morning, and I heard her, because I

13 listened in, heard her ask --

14 MS. GOWAN: Objection.

15 THE COURT: You cannot say either what your wife said

16 or Cathy Prather said that you heard. That is hearsay.

17 BY MR. BRESSLER:

18 Q. Did she make any other calls on that day?

19 A. Yes. She called up Brenda Grant once, and she tried

20 getting ready to go to work. I told her -- I says, Caryl --

21 MS. GOWAN: Objection.

22 Q. Don't say what you told her.

23 A. And then she called --

24 Q. Was she able to go to work?

25 A. No.

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1 Q. Why not?

2 A. She -- I don't know what I can say and what I can't say.

3 She couldn't go into work because she had an

4 exacerbation of multiple sclerosis.

5 MS. GOWAN: Objection.

6 A. Because she -- I'm sorry.

7 THE COURT: It got worse?

8 THE WITNESS: Yes.

9 THE COURT: The multiple sclerosis was worse.

10 BY MR. BRESSLER:

11 Q. What was she not able to do that convinced you she could

12 not go into work?

13 A. She couldn't even dress herself. She's holding her

14 underwear in one hand and she is holding a shoe in the other

15 hand and she's standing there and rocking back and forth.

16 Q. OK. Did you witness Mrs. Leventhal's reaction after she

17 got off of the phone?

18 A. Dumbfounded and very upset.

19 Q. OK. Now, did you notice her condition -- and then did you

20 go to work yourself on that day?

21 A. Yes, to my recollection, I did, yes.

22 Q. OK. Now, can you tell us what happened on May 11?

23 A. You mean June 11.

24 Q. I mean June 11, 1996.

25 A. On June 11th, she called Agatha Stewart.

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1 Q. Who was Agatha Stewart?

2 A. Am I allowed to say that?

3 Q. To your knowledge.

4 A. To my knowledge, Agatha Stewart was Caryl's first-line

5 supervisor at that time.

6 Q. Did you listen in on this phone call?

7 A. Yes, sir.

8 Q. OK. Did you have any role to play -- well, strike that.

9 Was that the only call she made on that day?

10 A. To my knowledge.

11 Q. Did you have any role in that call?

12 A. No.

13 Q. Did you listen to the call?

14 A. Yes.

15 Q. Can you tell us what Mrs. Leventhal's reaction was to the

16 call?

17 A. Very upset.

18 Q. OK. Can you describe her physical condition on that

19 morning? This is Tuesday.

20 A. At least as bad as Monday, maybe worse.

21 With MS, things don't jump rapidly from day to day.

22 They just roll down, level off, and then you have a slow

23 recovery. It is all done very slowly.

24 Q. OK. Now, can you tell us what happened on Wednesday?

25 A. Yes.

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1 Q. June 12th.

2 A. Yes, on Wednesday, June 12th -- because I can't tell you

3 what Caryl told me about the Tuesday discussion, so I'll tell

4 you that I felt obliged to call Agatha Stewart up on Wednesday

5 morning and -- and I was angry, because I'm very protective of

6 Caryl. But I really watched myself because I figured it's a

7 federal organization, they probably got to have it taped, and

8 I was very well mannered. And I said -- I said, "Ms. Stuart,

9 this is Michael Leventhal. Caryl has a bad" -- can I use the

10 term -- "exacerbation of multiple sclerosis. I'll put her on,

11 but please don't yell at her."

12 She got: I have nothing to say to you. Have a nice

13 day. Like that.

14 I'll never forget that singsong way, like it was a

15 game to her, and she just slammed the phone.

16 THE COURT: Who said that?

17 THE WITNESS: Agatha Stewart, your Honor.

18 BY MR. BRESSLER:

19 Q. OK. Well, did you make any further calls after that that

20 morning?

21 A. I think -- again, I haven't prepped myself for this -- I

22 think Caryl made a call on Wednesday after I did. She may

23 have. I mean, I was there and I would have to review my own

24 records, but it wouldn't surprise me if she called up

25 afterwards and spoke to Agatha Stewart.

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1 Q. OK. Now, did you take any action other than getting on

2 the phone to Ms. Stewart?

3 A. Oh, yes. Beginning Monday, because Caryl was in no

4 condition to do it, I started writing a battery of -- a

5 battery of letters right up the chain of command, right up to

6 Janet Reno. I mean, between June 10th and probably July 25th,

7 I must have written, including copies, certified mail,

8 everything from Brenda Grant right up to Janet Reno, maybe two

9 dozen letters. Including copies, maybe a dozen and a half,

10 you know, but it was certainly more than 12, including copies.

11 I wrote everybody I could. I figured you write enough people,

12 somebody's going to do something.

13 And I was most upset -- most upset -- over the way

14 she was treated when she was sick. So I stressed the areas

15 about what happened when she was sick, you know, trying to

16 call in, because I was hoping somebody would call back and

17 then I could tell them the whole thing and maybe tell them

18 everything that was going on.

19 But -- but primarily I wanted to say, look at this,

20 the woman is calling in sick, you know, and, you know, on the

21 12th I sent in a doctor's note, too. And, you know, somebody

22 help.

Note: Well, maybe in our system of justice, juries are considered too stupid to see a note written in plain English by a family physician, but thanks to the internet, it is available for the world to see with a simple click on this hyperlink.

23 Q. OK. I'm going to show you what has been marked as

24 Plaintiff's Exhibits 20, 21, 22 and 23.

25 A. Certified.

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1 MS. GOWAN: Your Honor, I don't know what counsel is

2 introducing these for, but, again, the defendant objects on

3 the ground of hearsay to all of these documents.

4 THE COURT: These are 21 through 23?

5 MR. BRESSLER: Yes.

6 THE COURT: What is it you want him to tell you about

7 21 through 23?

8 BY MR. BRESSLER:

9 Q. Just tell us -- well, can you identify these documents?

10 A. Oh, sure, June 12, June 13th --

11 THE COURT: These are the letters that you wrote that

12 you just described to the various people?

13 THE WITNESS: Yes, your Honor.

14 THE COURT: Just tell us who the addressees are, who

15 did you write to?

16 THE WITNESS: Typically one --

17 THE COURT: Not "typically" anything. The first

18 letter here is addressed to Mr. Brouillet at the INS.

19 THE WITNESS: The first one that I am looking at,

20 dated June 12, is sent to Brenda Grant, acting --

21 THE COURT: That is 20.

22 THE WITNESS: Yes, your Honor.

23 THE COURT: 21 is addressed to Mr. Brouillet at the

24 INS.

25 THE WITNESS: Mr. Brouillet, with copies to Agatha

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1 Stewart, Brenda Grant, Gwynne MacPherson, Richard Berryman,

2 and Edward McElroy, regional director.

3 THE COURT: Right. Number 22 is a letter dated July

4 1?

5 THE WITNESS: Yes.

6 THE COURT: Addressed to Doris Meissner, the

7 commissioner of the INS?

8 THE WITNESS: Doris.

9 THE COURT: Finally, Number 23, July 20th -- did the

10 lawyer give you number 23 also?

11 MR. BRESSLER: Yes.

12 THE WITNESS: Yes, your Honor. On number 22, it went

13 to Doris Meissner with a copy to Janet Reno.

14 THE COURT: OK. That is all I am allowing on those

15 letters.

16 MR. BRESSLER: OK.

17 BY MR. BRESSLER:

18 Q. Were they sent certified mail, return receipt?

19 A. Return receipt requested, yes.

20 Q. Now, I'm going to show you --

21 A. Do I leave this stuff just here?

22 Q. That is fine.

23 I am going to show you what has been marked as

24 Plaintiff's Exhibit 25, for identification.

25 A. Yep.

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1 THE COURT: What is this? What is 25?

2 THE WITNESS: This is a phone log from the phone

3 company, your Honor.

4 THE COURT: Phone log for what phone?

5 THE WITNESS: 768-4494, my phone.

6 THE COURT: Your phone?

7 THE WITNESS: I'm sorry.

8 THE COURT: That shows phone calls made?

9 THE WITNESS: Not all of them, only those that last

10 longer than 3 minutes. At that time they didn't include

11 anything less than 3 minutes.

12 THE COURT: OK.

13 BY MR. BRESSLER:

14 Q. OK. Can you -- well, identify what that is in your hand.

15 A. Yes. It's a phone log.

16 THE COURT: He just did that.

17 Q. Well, what period does this phone log cover?

18 A. It covers the -- it covers a period inclusive of the week

19 of June 10th to June 15th.

20 THE COURT: Where do you see that? Where are the

21 dates?

22 THE WITNESS: Do you see June 6, 10, '96? It is

23 computer talk, the left-hand line. It is done that way for

24 sorting purposes.

25 THE COURT: OK. So the earliest day I see here is

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1 May 19, '96, right?

2 THE WITNESS: Right.

3 THE COURT: And it goes through June 13, '96?

4 THE WITNESS: Yes.

5 THE COURT: OK.

6 BY MR. BRESSLER:

7 Q. OK. Now, Mr. Leventhal, how did you obtain that phone

8 log?

9 A. I called up the telephone company in 1997 when -- or late

10 1997 --

11 THE COURT: I don't know that anybody is challenging

12 the authenticity. It is what it is.

13 What does it show? Does it reflect some phone call

14 you are trying to offer?

15 MR. BRESSLER: Yes.

16 Q. Does it show on there and specifically point out any calls

17 made to the Immigration and Naturalization Service?

18 A. Yes, sir. On June 10, 1996, it shows a call that was made

19 to the Immigration and Naturalization Service -- actually,

20 this number is the clerical pool for Cathy Prather.

21 THE COURT: Which is that, which number?

22 THE WITNESS: That's 212-264-5811.

23 THE COURT: OK. Any other call you want to bring

24 out?

25 BY MR. BRESSLER:

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1 Q. Are there any other calls to INS?

2 A. Yes. There is a call on the 13th -- and, again, this is

3 only for the ones that have more than three minutes of

4 duration -- 212-697 -- is the last call -- 1355, and I don't

5 remember whether that's Agatha Stewart's or Brenda Grant's

6 telephone.

7 THE COURT: Do you want to offer this?

8 MR. BRESSLER: Yes, I would like --

9 Q. If there are any other calls on there that you could

10 identify to INS?

11 A. The other calls are quicker so they wouldn't be shown on

12 here.

13 MR. BRESSLER: Yes, I would like that to be entered

14 into evidence.

15 THE COURT: Any objection?

16 MS. GOWAN: No, your Honor.

17 THE COURT: All right, Exhibit 25 is received.

18 MR. BRESSLER: Thank you, your Honor.

19 (Plaintiff's Exhibit 25 received in evidence)

20 BY MR. BRESSLER:

21 Q. Mr. Leventhal, after -- well, how was her condition by the

22 end of that particular week?

23 A. Worse.

24 Q. Did you think -- well, when you say "worse," specifically

25 describe why it was worse.

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1 A. It is all incremental. It's all -- it's all -- you know,

2 if you looked at her Monday or Tuesday -- and I know her very

3 well -- you know, it probably seems the same, not good. If

4 you looked at her Monday to Friday, you could see -- only she

5 knows how she felt, but if you looked at her Monday to Friday,

6 you could see a slide, a perceptible slide. She was still

7 into herself, very nervous, very scared. Because you get

8 scared when these things happen to you, because, you know,

9 there is nothing that could be done about it. There is no

10 cure, no treatment. You know. And you have to try to ride it

11 out.

12 Q. OK. Well, in your opinion, was she capable of working in

13 that week?

14 A. That week? No way. No way.

15 Q. OK. Did you --

16 A. She would never find her way home. She, you know, that's

17 possible --

18 MS. GOWAN: Your Honor, objection.

19 THE COURT: This is speculative.

20 THE WITNESS: I'm sorry.

21 THE COURT: Please, Mr. Leventhal.

22 BY MR. BRESSLER:

23 Q. Well, did you accompany your wife to a doctor during this

24 period?

25 A. Yes, 10th, 11th, 12th -- on the 12th I took her to the

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1 only doctor that has had any long-term experience with her,

2 her family doctor, Kam Poon. And am I allowed to talk about

3 it?

4 Q. Well, did Dr. Poon give you anything on your visit

5 after --

6 A. A medical note?

7 Q. Yes.

8 A. Yes, a medical note that was sent into, immediately, sent

9 into right up the chain of command to INS so that they would

10 know that she was sick, and I guess that's the rule. I don't

11 know the INS rules. I just know if you are sick in the

12 private sector, you send in a note after a few days. So I

13 guess that was the same. I didn't get any straight answer

14 from Caryl as to what has to be done. You just do what you

15 think is the best thing to do.

16 Q. Do you know if Dr. Poon prescribed any medication for

17 Caryl to take?

18 A. There is no medication. I mean, there are things they

19 give to people with MS where it is really bad --

20 MS. GOWAN: Objection, your Honor.

21 THE COURT: Sustained.

22 Q. Mr. Leventhal, were you involved in having your wife be

23 deemed disabled by the United States government?

24 A. I did the whole thing --

25 MS. GOWAN: Objection, your Honor.

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1 THE COURT: How did you phrase that? What was your

2 question?

3 MR. BRESSLER: I say, were you involved in --

4 THE COURT: Yes, that is fine. I will allow that.

5 A. Sure. She couldn't do it herself.

6 THE COURT: You filed the applications for her?

7 THE WITNESS: Yes.

8 THE COURT: The paperwork?

9 THE WITNESS: Yes.

10 THE COURT: All right.

11 BY MR. BRESSLER:

12 Q. Was Mrs. Leventhal examined by a doctor from the United

13 States, specifically from the Social Security Administration,

14 in connection with her application to be declared disabled?

15 A. She was examined twice. It's -- it's -- I don't know if

16 you know, but it's very hard to get declared totally disabled.

17 You have to be totally --

18 MS. GOWAN: Objection, your Honor.

19 THE COURT: Sustained. All that needs to be said is

20 that she was?

21 THE WITNESS: She was.

22 THE COURT: She was declared disabled.

23 BY MR. BRESSLER:

24 Q. I am going to show you what has been marked as Plaintiff's

25 Exhibit 65.

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1 MS. GOWAN: Objection, your Honor.

2 THE COURT: Which number is this?

3 MR. BRESSLER: 65.

4 MS. GOWAN: On hearsay and --

5 THE WITNESS: It is the letter from the Social

6 Security Administration.

7 THE COURT: Right. We don't need that. It is no

8 secret. It is not a secret from the jury. It is not

9 contested by the defense: The Social Security Administration

10 found her disabled on or about December '97.

11 THE WITNESS: And effective --

12 THE COURT: Is this a contested fact?

13 MS. GOWAN: No, your Honor.

14 BY MR. BRESSLER:

15 Q. Is there a date where she was found effectively disabled?

16 A. June 8, 1996.

17 Q. Thank you. The letters that you wrote, that you just

18 testified to, in early June of 1996, what was your wife, Caryl

19 Leventhal's involvement in writing those letters?

20 A. None. I wrote it. I showed it to her. I tried to

21 explain it. I saw that look on her face, and -- and she

22 watched me behind the computer. And I just, you know, I don't

23 know if she signed some or I signed all, but I stuck it in

24 front of her.

25 You've got do what you've got to do. I'm fighting

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1 for my wife, you know.

2 Q. OK. Did you, other than what you've testified to thus

3 far, did you take any further action --

4 A. I'm sorry?

5 Q. Did you take any further action on your wife's behalf?

6 A. Beginning when? I'm sorry.

7 Q. Well, starting from after June of -- well, early June

8 1996.

9 A. I've been fighting this for four years.

10 Q. OK. Mr. Leventhal, do you recall receiving a letter in

11 the summer of 1996 from an official at INS?

12 A. Are you talking about the one dated August 8th?

13 Q. Well, yes.

14 A. Yeah, I remember it. I remember it. That's when she

15 really started plunging down.

16 But it was a letter of termination stating that her

17 being home showed poor dedication to the job and that she was

18 fired on receipt of the letter. I even had to explain it to

19 her because she didn't understand and she just went to pieces.

20 Q. OK. Now --

21 A. And that she was getting the bi-weekly check stub saying

22 AWOL every two weeks, AWOL, AWOL, and then she would go into a

23 crying fit with that, you know.

24 Q. Well, during the months of June, July and August, was

25 Mrs. Leventhal capable of working, from your knowledge of her?

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1 A. No, I know -- oh, I'll talk until I'm stopped. On June

2 24th, she took it upon herself to go into INS to plead with

3 personnel, Robert Brouillet, and she came back -- you know,

4 and she confessed to me, because we have a very open

5 relationship, and I was absolutely furious and she was very

6 upset and she was --

7 MS. GOWAN: Objection, your Honor.

8 THE COURT: Sustained.

9 Q. Mr. Leventhal, did you file a complaint on your wife's

10 behalf in September of 1996?

11 A. I first found out about the process, a hint of it, in the

12 Brouillet termination letter. I wrote him back a letter

13 saying --

14 THE COURT: The question was: Did you file a

15 complaint in September? That is all you were asked.

16 THE WITNESS: Oh, yes. Yes, sir.

17 BY MR. BRESSLER:

18 Q. OK. When did you know -- how did you learn about the

19 process to file a complaint?

20 A. I read McElroy's letter at the bottom. There is like a

21 little form with information. I wrote it -- because I didn't

22 understand what he was talking about. I wrote back saying

23 could I have some more information. He wrote me back in late

24 August, and I filed I think it was September 2nd.

25 Q. Well, prior to this time did you have any experience

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1 filing a federal Equal Employment Opportunity complaint?

2 A. Filing a complaint?

3 Q. Yes. Did you have any knowledge of the laws regarding

4 INS/EEO?

5 A. The only time -- the only time I ever used some fancy -- I

6 didn't know what CFR meant until then, you know, Code of

7 Federal Regulations. I used it once in an earlier letter in

8 1995 because Judge Kenneth Chu told me what to write.

9 MS. GOWAN: Objection, your Honor.

Note:  

In federal courts of law and in the application of American liberty, the bibles are the United States Code (USC) and the Code of Federal Regulations (CFR).  The USC are the laws passed by Congress.  After a law is passed, each agency uses the bases of these statutes to write its own regulations.  The results are what's called the CFR, or Code of Federal Regulations.  No elected officials are involved in this process.

While the CFR is supposed to properly apply laws passed by Congress, they are written to benefit agendas and extend the power of federal agencies.  And while they may at times benefit Americans being abused outside of government, they can through agency phraseology, be turned against a citizen contesting abuse by the government itself.  Essentially, statutes passed by Congress become operationally irrelevant as un-elected and tenured bureaucrats balloon them geometrically, into a plethora of regulations that form the basis of defining our personal freedoms and extend the power of government agencies.

You do have the right to a court challenge in proving that a specific regulation in the CFR was not in compliance with the relevant statute passed by Congress, but  this is no easy task.  First, you must have a judicial reason for the challenge. Secondly, to wage any viable court battle, you'd better be prepared to put up a minimum of $500,000.00 in legal fees.

This means that for the most part, agencies like the US Department of Justice INS can broadly interpret legislation the way they wish, virtually uncontested.  And of course, the US Attorney's Office attack dogs get special training in manipulating the CFR to the benefit of the agency they will be defending.  They will spend any amount of YOUR hard earned tax money.  They will conduct marginally legal investigations and use threats to intimidate you.  Working with the federal agency, their goal is to crush you with an arrogance and brutality that seems to bring them great joy.

Combine this with the fact that Federal Judges feed from the same trough as other federal officials and you realize how farcical our touted liberty has become.  When you go up against a federal agency, you do so in a system that is little more than a narcotic to make you feel that justice and decency has meaning, because it does not.  The only thing that matters is manipulating the CFR and in the case of going up against the federal government, the rules are designed to stop you cold.

Combine this with the fact that considerable legislation alleged to fight abuse exempts the federal government from compliance and you are faced with an almost insurmountable task.  Your only hope is to have financial resources to pay for a very skilled and experienced trial team.  Caryl Leventhal did not have this financial luxury.  

10 THE COURT: Sustained.

11 Q. OK. Did you and your wife discuss in June and July -- or

12 in June of 1996, did your wife and you discuss filing a

13 complaint with the Equal Employment Opportunity Board?

14 A. No.

15 Q. What measures did you take to take care of your wife in

16 June of 1996?

17 A. I don't remember the week or anything like that, but I

18 just stopped working and took care of her, did the cooking and

19 the cleaning, and I don't know if it was June or July -- you

20 know, I'm not good with dates -- but I know it was around that

21 time and I just --

22 Q. Well, for how long did you take off work?

23 A. Well, I immediately tried going for what I call a 9-to-5

24 job. You know, I just stopped the business, if you will, the

25 consulting business, and I filed some -- you know, as a matter

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1 of fact, I filed two applications that I know of, one for --

2 one for the Association of the Bar of the City of New York and

3 the other for the U.S. Army Corps of Engineers, both of whom

4 offered me the positions in early September.

5 Q. OK. Well, during that time, when you were -- well, what

6 did you do to take care of your wife in this period?

7 A. Well, we -- you know, I cooked, I cleaned. I made sure

8 that she was kept away from any stressful things. I gave her

9 a lot of love. That's -- you know.

10 And I just -- you know, relaxation is very important

11 for her, and I just -- I just took care of her until, you

12 know, I kept my fingers crossed hoping that I would get a

13 9-to-5 before the money ran out.

14 Q. During this period did your wife ever discuss -- did you

15 ever have any discussions about what is the proper procedure

16 in filing an EEO complaint?

17 A. I couldn't talk -- Caryl was in no condition to be able to

18 talk about stuff like that, and I didn't know where to begin

19 during -- you know, before August 8th.

20 Q. OK. Now, you filed -- when you determined how to file,

21 you filed a complaint officially on what day?

22 A. I wrote a letter -- I wrote a letter on September 2nd to

23 Betsy Christie, the supervisory counselor in Vermont, and

24 because the second letter from Robert Brouillet told me that I

25 had to get a counselor. The first one was like very vague.

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1 And Betsy Christie called me up, and I spoke to Betsy

2 Christie and she gave me a list of a few counselors. And I

3 just went eeny-meeny-miney-moe and picked one, and I wanted to

4 get one out of New York because I -- because I didn't -- I

5 wanted to make sure I got a fair shake by somebody that was

6 not directly involved in 26 Federal Plaza, and that was a

7 Darlene Jedlicki. And I, you know, called her up and I spoke

8 to her, and everything that ever happened after that was me.

9 Caryl never had anything to do with anything, you know, after

10 that stuff, either.

11 Q. OK. So now this -- well, we'll say this administrative

12 process lasted from when; when did it start and when did it

13 end?

14 A. It lasted from I guess you might say September 2nd though

15 there is -- you know, there is a lot of bureaucracy in the

16 government. It was officially, you know, I -- the whole thing

17 started September 2nd, and it's been going -- it's been

18 going -- it was going until -- in one form or another until

19 1999, I guess, going from one stage to another, one complaint

20 to another, one paperwork to another, one threat to another --

21 not by me.

22 Q. Now, wait. During this process, what was your role? What

23 role did you play?

24 A. Caryl designated me her legal representative, because I

25 had read somewhere that you are either a lawyer or a legal

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1 representative, and obviously I am not a lawyer, I'm a techie.

2 Q. Now, during this period, do you remember -- well, let's

3 just say for the remainder of 1996, can you tell us generally

4 what your wife's physical condition was?

5 A. Oh, sure. Ever since August 8th, she started plunging

6 down. She was depressed. She was going -- the multiple

7 sclerosis was getting worse; and sliding down, not quickly,

8 just going down and down and down. It continued that way for

9 at least a half a year, and it leveled off for a half a year

10 and then, you know, what I call an incomplete recovery, there

11 are a lot of problems, but, you know, she just came back, and

12 then you level off as the best you are going to get and you

13 hope that it doesn't happen again.

14 Q. OK. Now, during this period from September 1996 until

15 1999, were there any particular times in which your wife's

16 condition got especially worse?

17 A. Yes.

18 Q. What were those times?

19 A. Yes. I tried to keep her away from stress. In October

20 1997, as part of the process I can't mention, they started

21 taking affidavits, affidavits of Caryl, affidavits of Brenda

22 Grant, Agatha Stewart, Robert McElroy, the whole band, and

23 that's when we started getting crank phone calls. They lasted

24 for months.

25 Q. What do you mean by "crank phone calls"?

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1 A. Anything from hang-ups to really animal gutteral noises.

2 Q. Did these phone calls coincide with anything that was

3 going on --

4 A. Sure, they coincided with, you know, the band that's

5 involved in this whole thing getting dragged back in it again,

6 you know.

7 Q. OK. Did there come a time when the calls stopped?

8 A. They subsided after a few months and we didn't have

9 another problem until we got, you know, until we got a death

10 threat in the --

11 MS. GOWAN: Objection, your Honor.

12 THE COURT: Sustained.

Note: This was a vicious anti-semitic death threat received on April 26, 1998.  We cannot reference it although it goes to the heart of religious discrimination.  Both the tape recording and testimony has been excluded from evidence so as not to prejudice the jury against the USDOJ.  

13 A. Until we got a nasty call --

14 MS. GOWAN: Objection, your Honor.

15 THE COURT: Mr. Bressler obviously didn't speak to

16 his witness.

17 Go ahead, Mr. Bressler.

18 MR. BRESSLER: OK.

19 Q. Now --

20 THE WITNESS: Your Honor, I'm doing this cold. It is

21 not his fault.

22 THE COURT: Please.

23 THE WITNESS: I'm sorry.

24 THE COURT: Mr. Bressler.

25 MR. BRESSLER: Yes.

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1 Q. Did there come a time when you received any further crank

2 calls after 1999?

3 A. Yes. We started getting them when we had an EEO court

4 case coming up and we were dealing with Judge William Michael

5 McCauley. That was in I believe March and April of 1998, and

6 then all of a sudden things start up again.

7 Q. Did there come a time when things started up after that

8 time you just stated?

9 A. Yes.

10 Q. When was that?

11 A. During the depositions of Brenda Grant.

12 Now, I don't know if I can say this because that's

13 hearsay because I didn't hear the calls, only Caryl did.

14 THE COURT: Then you can't say it.

15 THE WITNESS: I'm learning, Judge.

16 A. (Continuing) The -- on September 22nd, I got a -- I was

17 muscled by the U.S. Attorney Criminal Division --

18 MS. GOWAN: Objection, your Honor.

19 THE COURT: Sustained.

NOTE: This is incomprehensible to a non-lawyer.  A federal judge has just been informed that three days prior to a trial in her courtroom,  Alan Kaufman, Chief of the US Attorney's Criminal Division has attempted to intimidate the disabled plaintiff and her key witness through legal and physical threat, and the judge doesn't want to hear about it?  She doesn't want it in testimony?  Doesn't obstruction of justice mean anything to judge Scheidnlin, or is a US Attorney above the law? Why is this information being kept from the jury?  Why is this witness being silenced?  Why does a federal judge want this information out of testimony?  You only hear about things like this being done on TV in repressive dictatorships.  You never believe it can actually happen in a courtroom.

20 BY MR. BRESSLER:

21 Q. Mr. Leventhal, in general, how would you say the

22 administrative process affected your wife's condition,

23 generally?

24 MS. GOWAN: Objection. Asked and answered.

25 THE COURT: I will allow it again.

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1 She got worse?

2 THE WITNESS: Very, and depressed, and over the fact

3 of the way it was going. And scared, very scared -- very

4 scared -- "very" scared.

5 THE COURT: That's four times.

Note: This is neither the first nor last time the judge will be snippy with Michael Leventhal.  She will show increasing impatience and make every attempt to end his testimony and get him off the stand as quickly as possible.  On the other hand, great patience and latitude will be shown the US Attorney witnesses.  Then again, this writer is not an attorney. Maybe he's missing something.  He is merely someone who has fought to defend his wife's life and and battle US Department of Justice and Immigration & Naturalization Service obstruction for some five years.  He is merely a hard working American. 

6 Mr. Bressler, what is your next question?

7 MR. BRESSLER: OK.

8 BY MR. BRESSLER:

9 Q. Mr. Leventhal, did you push your wife into bringing this

10 lawsuit?

11 A. No way. Caryl's a wounded bird but she's a hawk. She's

12 been pushing me. I march to her orders.

13 Q. OK. What is your religious beliefs?

14 A. I follow the Jewish faith.

15 Q. OK. Do you celebrate the Jewish holidays?

16 MS. GOWAN: Objection, your Honor.

17 THE COURT: I will allow it.

18 Your family celebrates the Jewish holidays?

19 THE WITNESS: Proudly so.

20 THE COURT: Next question, Mr. Bressler.

21 MR. BRESSLER: OK.

22 Q. Can you tell us what you want from this case?

23 MS. GOWAN: Objection, your Honor.

24 THE COURT: Sustained.

25 Q. Mr. Leventhal, did you help create a Web site regarding

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1 this lawsuit?

2 A. Yes, just as --

3 Q. What is the name of the Web site?

4 A. Justice -- www.justice-denied.net.

5 Q. OK. Whose idea was it to start the Web site?

6 A. It was Caryl's idea.

7 Could I explain --

8 THE COURT: No, you cannot say anything she said to

9 you.

10 THE WITNESS: Oh.

11 MR. BRESSLER: OK.

12 Q. Who -- well, who is responsible generally for what goes

13 into the Web site?

14 A. Well, I don't know what you mean by what goes in. The

15 ideas are Caryl's. The writing skills and of course the Web

16 design work, because I am a good Web designer, are mine. So

17 she sort of like -- if I could explain?

18 John McCain will write a book. The book will say

19 John McCain, author, but then it would say underneath it with

20 so and so. It's John McCain's ideas, but the person that puts

21 it into words and develops it into the book is -- that's me.

22 So she's John McCain and I am the one -- I am the whiff.

23 Q. Who is responsible for the editorial content of the Web

24 site?

25 A. That is mine. She allows me freedom on that page.

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1 MR. BRESSLER: OK. I have nothing further.

2 THE COURT: Thank you, Mr. Bressler.

3 Now, Mr. Leventhal, during cross-examination, I urge

4 you to listen hard to the question and to only answer the

5 question that is asked.

6 THE WITNESS: Yes, ma'am.

7 THE COURT: Nothing that is not asked. Your answers

8 have to be responsive to the very question.

9 THE WITNESS: Yes, your Honor.

10 THE COURT: Ms. Gowan.

11 CROSS-EXAMINATION

12 BY MS. GOWAN:

13 Q. Would you agree with me, Mr. Leventhal, that to quote

14 someone means to repeat or copy their words?

15 A. Not necessarily.

16 Q. Well, did you ever use the dictionary, Mr. Leventhal?

17 A. No, I use a spell check.

18 Q. Well, would you disagree with the definition that's in

19 Webster's dictionary for the word "quote"?

20 MR. BRESSLER: Objection.

21 THE COURT: Overruled.

22 Read him the definition.

23 BY MS. GOWAN:

24 Q. To quote someone means to "repeat or copy their words."

25 Do you disagree with that?

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1 A. In the exact -- I'll never argue with a dictionary.

2 Q. When a person is quoted, there's usually an acknowledgment

3 of the source, right?

4 A. On what level?

5 THE COURT: Oh, please, not "on what level."

6 When you use quote marks, you usually say whether you

7 are quoting Abraham Lincoln or George Washington, right, you

8 attribute the source of the quote, if you can, when you put

9 the quote marks in?

Note: Here again, the judge badgers the witness.  Mr. Leventhal is a published author of "how to" computer books.  His words have been published by MacMillan Publishing as well as Prentice Hall.  Like many authors, he uses quotation marks for emphasis.  Even the court reporter taking down this court transcript uses this method of emphasis.  If you would scroll up to page 229 line 4 in this very testimony, you will find it being done by the court reporter.  Why is the judge jumping on him?  Why doesn't the judge jump on the court reporter?

10 THE WITNESS: Not when you are formally writing.

11 THE COURT: He doesn't. Most people probably do but

12 this witness does not.

13 Go ahead Ms. Gowan.

14 BY MS. GOWAN:

15 Q. Wouldn't you agree that it is generally understood that

16 when statements appear in quotes, that they are attributed to

17 a specific person?

18 A. If you name the person and put quotes, yes, definitely.

19 Q. And you published a book, didn't you, Mr. Leventhal?

20 A. But I never edited a book.

21 THE COURT: You see, that was a example. Did you

22 publish a book, Mr. Leventhal? The answer is yes or no.

23 THE WITNESS: Oh, yes.

24 BY MS. GOWAN:

25 Q. So you know that editors and publishers are careful to

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1 ensure that quoted material is attributed correctly, right?

2 MR. BRESSLER: Objection, your Honor.

3 THE COURT: Do you know that from your experience as

4 somebody who has published a book?

5 THE WITNESS: No, I am a writer.

6 THE COURT: So you don't know that?

7 THE WITNESS: I write --

8 THE COURT: You don't know that?

9 THE WITNESS: No.

10 THE COURT: OK. He doesn't know that.

11 Next question.

12 BY MS. GOWAN:

13 Q. Do you know that if information is quoted incorrectly,

14 that it is usually retracted, yes or no?

15 MR. BRESSLER: Objection.

16 THE COURT: Overruled.

17 Do you know that, just yes or no?

Note:  This is really getting stupid.  Michael Leventhal is not a writer of legal publications.  He writes pop "how to" computer books.  His words have been published by both MacMillan Publishing and Prentice Hall.  These are premium publishing houses.  And Mr. Leventhal as well many other writers use quotation marks for emphasis.  Quotation marks are not only used to bracket an exact quote.  Get real, Ms. US Attorney Sheila Gowan.  It's obvious that you can't impugn Michael Leventhal's testimony so your dragging in a "Red Herring." 

18 THE WITNESS: It --

19 THE COURT: Yes or no, do you know that?

20 THE WITNESS: In a book?

21 THE COURT: A book.

22 THE WITNESS: I guess so.

23 THE COURT: That is his answer, "I guess so."

24 BY MS. GOWAN:

25 Q. Now, on your Web site you publish what you call key

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1 extracts from the deposition testimony of Mrs. Grant and

2 Mrs. Stewart, right?

3 A. Ms. Grant's is in its entirety.

4 THE COURT: Yes or no, did you publish excerpts from

5 their deposition --

6 THE WITNESS: There is --

7 THE COURT: -- on the Web site? Yes or no,

8 Mr. Leventhal?

9 THE WITNESS: Brenda Grant's is in its entirety.

10 THE COURT: No, Mr. Leventhal.

11 THE WITNESS: The whole thing.

12 THE COURT: Please don't speak to me separately. You

13 are speaking only for the record in front of the jury.

14 So, did you publish all or part of the depositions of

15 these two witnesses?

16 THE WITNESS: Yes, I did.

17 BY MS. GOWAN:

18 Q. And doesn't the page where the deposition transcript is

19 located say "Key extracts from the deposition of Agatha

20 Stewart May 4, 2000?"

21 A. Yes, it does.

22 Q. OK. And then below where you put that statement about the

23 key extracts, you have some information in quotes on your Web

24 site, don't you?

25 A. I don't know. I would have to see it. It is a big site.

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1 I don't remember the whole thing. Could you show it to me?

2 THE COURT: Please mark it, Ms. Gowan, and show it to

3 him. You have to mark it as something.

4 MS. GOWAN: I have marked this for identification as

5 Defendants' Exhibit P8.

6 THE COURT: Say it again please.

7 MS. GOWAN: P8.

8 THE COURT: P8. Thank you.

9 (Handing to the witness)

10 THE COURT: And your question is?

11 THE WITNESS: My question --

12 THE COURT: No. Ms. Gowan, your question is?

13 Q. The question is: Isn't there information on there

14 relating to Ms. Stewart that he has placed in quotes?

15 A. This is me doing that?

16 THE COURT: Yes, that's what she said.

17 A. This is --

18 THE COURT: Mr. Leventhal, that's what she is asking

19 you. Did you put certain information in quotes.

20 THE WITNESS: Yes.

21 THE COURT: All right.

22 THE WITNESS: Yes.

23 BY MS. GOWAN:

24 Q. And the information that's quoted reads as follows,

25 correct, Mr. Leventhal?

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1 "I didn't know Caryl had multiple sclerosis ... and

2 I didn't know she was Jewish ... and I didn't know she was

3 white ... and it wasn't me, it was Brenda Grant."

4 A. Right.

5 Q. OK. Now, Mrs. Stewart never said that she didn't know

6 that Mrs. Leventhal wasn't white in her deposition, did she?

7 THE WITNESS: Could I answer that?

8 THE COURT: Yes, she is asking you that.

9 A. She said she didn't know who was black or white in Section

10 245.

11 Q. Mr. Leventhal --

12 A. That's -- oh.

13 Q. Mrs. Grant -- Mrs. Stewart never said in her deposition

14 that she didn't know if Mrs. Leventhal -- if Caryl -- was

15 white, did she?

16 MR. BRESSLER: Objection, your Honor. I don't see

17 what the relevance --

18 THE COURT: Overruled.

19 Go ahead.

20 A. She said she didn't know who was black or white, so that

21 means she didn't know whether Caryl was white.

22 Q. Mr. Leventhal, yes or no, Mrs. Stewart never said in her

23 deposition transcript that she didn't know that Caryl

24 Leventhal was white, did she?

25 A. And I didn't know she was white -- no.

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1 Q. And she also never said, "And it wasn't me, it was Brenda

2 Grant," did she?

3 A. She did.

4 Q. She never said that in her deposition?

5 A. She said she didn't authorize Caryl Leventhal's

6 termination, it was Brenda Grant.

7 THE COURT: What she is asking is word for word, did

8 she use the words, "It wasn't me, it was Brenda Grant;" would

9 those words be found there?

10 THE WITNESS: I don't know.

11 THE COURT: You don't know.

Note:  Yes, your honor, Michael Leventhal doesn't know.  You may be skeptical, but there are some people who appear in your court room who actually tell the truth.  Caryl Leventhal tells the truth.  Michael Leventhal tells the truth.  This may be a novelty to you but some people conduct their lives with a sense of honor.  And when some people take an oath to be truthful in court, they view it as having meaning.  That's what honor is all about.  Why not sit back in your chair and enjoy the novelty.  You treat the US Attorney witnesses (all USDOJ employees, I might add) as if they were saints when they lie through their teeth.  But when a non-federal employee talks straight, you treat them like a felon. 

12 BY MS. GOWAN:

13 Q. You made it up, didn't you, Mr. Leventhal?

14 A. I don't know.

15 Q. Now, you put on the page relating to Brenda Grant's

16 deposition testimony, you put in quotes the words "It wasn't

17 me, it was Agatha Stewart," didn't you?

18 A. She said that Agatha Stewart was the one that kept marking

19 Caryl AWOL, that she didn't do it.

20 THE COURT: Did you find the exact words there, "It

21 wasn't me, it was Agatha Stewart?"

22 THE WITNESS: Probably not exact. I was probably

23 paraphrasing.

24 BY MS. GOWAN:

25 Q. You were paraphrasing, but you were putting the words in

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1 quotes and that wasn't true, was it, Mr. Leventhal?

2 MR. BRESSLER: Objection. Asked and answered.

3 A. So I'll take the quotes out. You know, for heaven sakes.

4 Is that what's bothering you, to take the quotes? Is that the

5 point?

Note: In fact, Ms. Gowan, US Attorney has no point.  She just wants to distract the jury with nonsense.  And the judge is getting progressively angrier with Mr. Leventhal for failure to show proper "deference" to the irrelevant ineptitude of the US Attorney's line of questioning.  Sorry your honor, but some American's don't believe that being an employee of the US Department of Justice implies some imperial right to lie.  Some Americans don't believe that the US Attorney's office should be given special privileges in a federal court. 

6 THE COURT: You are not here to ask questions of

7 Ms. Gowan. She will ask them.

8 BY MS. GOWAN:

9 Q. You and Mrs. Leventhal think that Mrs. Grant and

10 Mrs. Stewart are animals, don't you?

11 MR. BRESSLER: Objection.

12 THE COURT: Do you have a basis for that question?

13 MS. GOWAN: Yes.

14 THE COURT: Did he write that?

15 MS. GOWAN: Yes, I have a basis, your Honor, yes.

16 THE COURT: Go ahead. If she has a basis for the

17 question, I will allow it as impeachment.

18 Is that your view?

19 THE WITNESS: That they are animals? No.

20 THE COURT: OK.

21 Q. On your Web site you depict them as an animal, don't you?

22 A. That's a caricature of a skunk.

23 Q. Of a skunk?

24 A. An animated gift with a skunk. It's -- you know, it's

25 meant to be skunky things. It's a caricature like they do in

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1 a newspaper, and it's a nice work of art, too, I might add. I

2 don't say there that that's them.

3 Q. You characterize them as something besides a skunk, don't

4 you, Mr. Leventhal?

5 A. What?

6 Q. I'm asking you.

7 A. I don't know what you mean.

8 THE COURT: Another animal, is that what you are

9 talking about?

10 MS. GOWAN: Yes.

11 THE COURT: Is there another animal caricature that

12 you use?

13 THE WITNESS: I used a lot of animals in different

14 places in this Web site, snails, things like that.

15 THE COURT: Any others?

16 THE WITNESS: I have to see the Web site. I like

17 working with animals.

18 BY MS. GOWAN:

19 Q. You characterize them as bats, don't you?

20 A. Not any more, no. I took that out.

21 Q. But you did, didn't you?

22 A. For awhile, but I didn't think it was aesthetically good.

23 Q. You called Mrs. Grant "Brenda bat" on your Web site?

24 A. That was a hyperlink. I said, "Click on the Brenda bat."

25 Q. You called Mrs. Stewart "Aggie Bat," didn't you?

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1 A. And I took that off weeks ago.

2 Q. You also depicted Mrs. Stewart as being in a trash can,

3 didn't you?

4 A. A what? I'm sorry.

5 Q. You depicted Mrs. Stewart as being in a trash can, didn't

6 you?

7 A. No.

8 Q. How about Mrs. Grant?

9 A. Pictured her in? No, I said let Bren Grant out to

10 testify, because they wouldn't allow her -- they stalled on

11 her deposition for months. So I had a little animated trash

12 can, and I said let her out to testify.

13 It's really very cute. It's a very popular site

14 throughout the world.

15 Q. You have another Web site where you talk about the

16 government, don't you, Mr. Leventhal?

17 A. Any other --

18 MR. BRESSLER: Objection.

19 A. -- Web sites have no relevance to this case.

20 THE COURT: Was that your objection?

21 MR. BRESSLER: Well, I guess.

22 THE COURT: Sustained.

23 MR. BRESSLER: Your Honor, the Web site is not on

24 trial.

25 THE COURT: Sustained, Mr. Bressler. We are not

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1 going to other Web sites.

2 Go ahead Ms. Gowan.

3 BY MS. GOWAN:

4 Q. Mr. Leventhal, you put a picture of Janet Reno and Caryl

5 Leventhal on the Web site, didn't you?

6 A. Which Web site is that?

7 Q. Yes or no?

8 A. I'm asking you a question.

9 THE COURT: That's fair. Is it the -- are you done

10 with the "justice-denied" site?

11 MS. GOWAN: No, it is not.

12 THE COURT: That is the only one I am taking evidence

13 on.

14 MS. GOWAN: Your Honor, the other Web site does have

15 information related to this case.

16 Would you like me to show the witness, or if you

17 would like, I can ask foundation questions for it.

18 THE COURT: I really don't think we need any more on

19 the Web site or Web sites.

20 BY MS. GOWAN:

21 Q. Sometimes you like to exaggerate to make a point, don't

22 you, Mr. Leventhal?

23 A. That's what tabloid journalism is.

24 Q. You personally like to exaggerate sometimes to make a

25 point, don't you?

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1 A. I don't know what you mean.

2 Q. You never exaggerate?

3 A. No, I just don't know what you mean.

4 Q. Did you ever exaggerate?

5 A. We all do.

6 MR. BRESSLER: Objection.

7 THE COURT: Overruled.

8 Did you ever exaggerate.

9 THE WITNESS: I must. I'm a flowery, chatty person.

10 BY MS. GOWAN:

11 Q. When you came to the United States Attorney's office for

12 your deposition, you thought that because you had to go

13 through metal detectors and sign in with the court security

14 officer who was armed, that you, as a decorated military

15 reserve officer and business professional, was being treated

16 like a sociopathic felon, right?

17 MR. BRESSLER: Objection.

18 A. Pardon me?

19 THE COURT: Wait a minute.

20 Don't you yell my courtroom -- not once.

21 THE WITNESS: I'm sorry. I apologize.

Note: I was being nice.  In fact, I should have said "I'm sorry your honor.  I wasn't yelling.  If you hadn't noticed, I wear a hearing aid in my right ear.  You're staring right at it.  I'm a middle aged soldier who might have been exposed to too much gunfire.

I'm sorry I've spent so many years in defense of the constitution that gives you a courtroom, but sometimes I can't hear very well and sometimes my voice is louder than I realize.  I'm sorry that so many of my years were spent in a hot barracks, eating crappy food or lying in mud on freezing days so that you might live in a nation of alleged liberty.

I'm sorry you don't like me because I won't meekly allow the woman who defines my life to be led into the slaughterhouse.  I'm sorry that at my disabled wife's request, I designed a website for her because after receiving a tape recorded death threat, she felt that publicity might keep employees of the US Department of Justice from killing us.

I'm sorry that you won't allow testimony of a tape recorded and vicious anti-Semitic death threat from being placed in evidence.  I'm sorry that since April 1998, the USDOJ refused to even investigate.  I'm sorry you are excluding this evidence because might embarrass the US Department of Justice in front of the American people.

And I'm sorry that this jury will make its decision without hearing all the relevant facts because you're keeping them out of the judicial loop.  I'm a soldier and a techie.  I'm not a lawyer.  I don't understand your rules of engagement."  

22 THE COURT: Now, Ms. Gowan, can I hear that question

23 again, please?

24 BY MS. GOWAN:

25 Q. When you came to the United States Attorney's office for

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1 your deposition, you thought that just because you had to go

2 through metal detectors and sign in with an armed court

3 security officer, that you, as a decorated military reserve

4 officer and business professional, was being treated like a

5 sociopathic felon?

6 A. Never.

7 MS. GOWAN: May I approach the witness, your Honor?

8 I'm showing the witness what's been marked for

9 identification as Defendants' Exhibit P6.

10 A. Which one is this?

11 Q. Directing your attention, please, to the second paragraph

12 of this page, and in particular the following language: "In

13 addition, he" -- meaning the Assistant United States

14 Attorney -- "requests that Caryl Leventhal's husband,

15 Lieutenant Colonel Michael Leventhal, only be present" --

16 referring to the deposition -- "if meetings between parties

17 are conducted behind the heavily armed doors of a United

18 States Department of Justice building. A decorated military

19 reserve officer and business professional is treated like a

20 sociopathic felon."

21 Did you write those words?

22 THE COURT: Yes or no, did you write it?

23 THE WITNESS: Yes, I did.

24 Q. Now, you work with the Association of the Bar of the City

25 of New York, right?

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1 A. Yes, ma'am.

2 Q. And that's not a legal firm, is it?

3 A. No, it's a legal organization.

4 Q. And you are not a lawyer, right?

5 A. No, ma'am.

6 Q. But in September of 1996, you wrote a letter to the INS

7 saying that Mrs. Leventhal's multiple sclerosis causes me to

8 act as her initial legal counsel --

9 A. I'm sorry --

Note: I can't believe this.  Again, at no time does the US Attorney attack the facts of testimony as stated by Mr. Leventhal.  All she can do is play legalistic word games with the witness.

10 Q. -- relative to the complaint.

11 A. Could you give me the date again?

12 Q. September 2, 1996.

13 A. Is that the Betsy Christie letter?

14 Q. Did you write a letter to Ms. Christie, Mr. Leventhal,

15 stating that Mrs. Leventhal's multiple sclerosis "causes me to

16 act as her initial legal counsel relative to the complaint

17 under 29 CFR, Section 1614. Place of former employment is 26

18 Federal Plaza, New York City."

19 Did you write that?

20 A. It sounds like I could have. Could I see it?

21 THE COURT: Yes. Show it to the witness.

22 Which exhibit is this?

23 MS. GOWAN: It is marked for identification as

24 Defendants' Exhibit V, referring to the heading in the letter

25 next to the words "re."

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1 THE WITNESS: This is part of the letter, right?

2 MR. BRESSLER: What letter was it?

3 MS. GOWAN: Defendant's Exhibit V.

4 A. I'm sorry, this is part of the letter, right?

5 Q. Yes or no --

6 THE COURT: Excuse me, Ms. Gowan, is it the whole

7 letter that you gave him or a part.

8 MS. GOWAN: This is all I believe that we were given

9 of this letter.

10 THE WITNESS: Because I don't see my signature in the

11 balance of it.

12 THE COURT: That is the only part that the attorney's

13 office had and that is the part she gave you.

14 Did you write it?

15 THE WITNESS: Let me see.

16 (Pause)

17 BY MS. GOWAN:

18 Q. I am merely referring to the "Re," Mr. Leventhal.

19 A. I'm sorry?

20 Q. I am referring to the information that's contained in the

21 "Re" at the top of your letter.

22 A. All right. "EEO complaint from my wife, Caryl V.

23 Leventhal, who has multiple sclerosis, causes me to act as her

24 initial legal counsel relative to the complaint under 29 CFR,

25 Section 1614. Place of former employment is 26 Federal Plaza,

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1 New York City."

2 I think this is the one that I had written, even

3 though there is more to it.

4 Q. Also, didn't you tell Mrs. Christie in this letter that

5 you worked in a managerial position at a nationally known

6 legal form?

7 MR. BRESSLER: Objection.

8 A. For heaven sakes, come on.

9 THE COURT: Overruled.

10 A. I'm, you know --

11 THE COURT: Would you please answer yes or no.

12 A. Where is this again? I'm sorry.

13 Q. Take a look at the third paragraph in your letter, please.

14 A. All right. It says legal firm --

15 Q. Where you stated "Inasmuch as I hold a managerial position

16 at a nationally known legal firm and am very busy spending my

17 time during the week making long distance phone calls between

18 9 to 5 to track down an available counselor can be difficult."

19 Did you write those words?

20 A. Yes.

21 Q. Now, you told us earlier today that you wrote this letter,

22 in part, because you wanted to make sure you got a fair shake

23 in the EEO process and you hoped for a counselor not connected

24 to New York, right?

25 A. Yes.

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1 Q. But isn't it a fact --

2 A. Well, no, I'm sorry, that's wrong. I wrote this letter to

3 get a list of counselors, and I picked a counselor that was

4 not in the New York area because I didn't want -- I wanted as

5 further away association with 26 Federal Plaza.

6 MS. GOWAN: May I approach the witness, your Honor?

7 (Pause)

8 Q. Mr. Leventhal, isn't it a fact that you really didn't care

9 which EEO counselor took the case because you felt that the

10 filing of an EEO action was merely a prerequisite to the need

11 for getting the matter publicized on television --

Note:  Now, you're going to love this bit of stupidity from Ms. Sheila Gowan, US Attorney and judicial consort of Eric Fisher, US Attorney.

12 A. No way.

13 Q. -- prior to the November elections?

14 MR. BRESSLER: Objection --

15 THE COURT: He answered no.

16 What is the next question?

17 A. The November elections of what year, anyway?

18 Q. Of this year.

19 A. I had never made any attempts at getting anything

20 publicized.

21 Q. Now, you told the jury that in late 1997, early 1998, and

22 even now, you had received crank phone calls at home but you

23 don't know who made those phone calls, do you?

24 A. I know the timing.

25 Q. You don't know who made those phone calls, do you?

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1 A. No.

2 Q. For all you know, it could have been a telemarketer, isn't

3 that right, Mr. Leventhal?

4 A. Which phone calls?

5 Q. The phone calls I'm asking you about.

6 A. Which are you asking me about, the 1997 phone calls?

7 Q. You testified about some crank phone calls, hang-up calls

8 and calls where there were gutteral sounds that you received

9 at your home. For all you know, those calls could have been

10 made by telemarketers, right?

11 A. I never referenced that.

12 And if you are going to give me a piece of my

13 deposition, give me the page on front and on the bottom so

14 that you will see it was taken out of context. I was speaking

15 about the calls during the Brenda Grant deposition of July

16 2000, and I was being sarcastically -- a show of sarcasm

17 doesn't really go over well in the deposition. I said maybe

18 they are telemarketers. Never did I say that the harassing

19 phone calls during the Admin process, no matter how serious,

20 were ever telemarketers.

21 Q. Directing your attention to the deposition testimony that

22 you gave in this case on July 31, 2000, at page 15, line 5,

23 were you asked these questions and did you give these answers?

24 "Q. For the sake of the record, why is it that you feel that

25 you are now in a dangerous situation?

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1 "A. The Admin process began September of 1996. The INS EEO

2 process was very ugly. It was obvious that they wanted to

3 kill this case. I could provide all of the documentations in

4 instances of how they refused to accept any basis of two years

5 of fighting because they felt that anti-white racism leveled

6 against the people who were black or affiliated with the black

7 community through marriage was something that was too hot to

8 handle, if you will.

9 "After the affidavits in November of 1997, or when

10 they began, we started to get crank phone calls. This went on

11 for months. Very similar to the fact -- and I'm not accusing

12 anything to the fact that when Brenda Grant began her

13 deposition, one day before we received 17 hang-ups, we

14 received hang-ups for a few days after that. It just stopped.

15 Then again it could have been telemarketers, I don't know" --

16 A. Right, Brenda Grant's deposition in July 2000.

17 Q. Were you asked these questions and did you give these

18 answers at your deposition under oath, Mr. Leventhal?

19 A. Yes, ma'am.

20 Q. Now, you told us before that you wrote letters on behalf

21 of Mrs. Leventhal in August of 1995, correct?

22 A. Yes.

23 Q. And you wrote a letter to the Office of Personnel

24 Management on her behalf in October 9th of 1995, correct?

25 A. On or around.

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1 Q. OK. And in that letter you referred to the fact that it

2 was being sent "within the 45 days of this continuing issue,"

3 didn't you?

4 A. I won't argue the point. I haven't looked at it for a

5 long time.

6 Q. And you referred to the complaint being made under 29 CFR,

7 Section 1614.105, right?

8 A. I did what Kenneth Chu told me to do.

9 THE COURT: You did what? I'm sorry.

10 THE WITNESS: Kenneth Chu, the Chief Administrative

11 Judge for the U.S. EEO --

12 THE COURT: Back in August 1995?

13 THE WITNESS: Al D'Amato --

14 THE COURT: Back in August of 1995?

15 THE WITNESS: Yes, ma'am.

16 But I didn't know what I was doing. I just followed

17 his instructions.

18 BY MS. GOWAN:

19 Q. Now, you told us today that you didn't think about

20 bringing a case in June of 1996 against the INS, right?

21 A. I'm sorry, give me that again.

22 Q. You told us this afternoon that you didn't think about

23 bringing any kind of a case against the INS in June of 1996?

24 A. Wait. Let me think my chronology.

25 June of 1996 -- no, but I may have threatened it just

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1 to get some action.

2 Q. You didn't think of doing it but you made a threat related

3 to it?

4 A. Of course. Of course. You do anything to get people to

5 respond when in order to be able to get something done to help

6 your wife.

7 Q. Mr. Leventhal, isn't it true that on June 12, 1996, you

8 wrote a letter to Mrs. Grant saying, "This letter is being

9 sent in preparation for my filing formal charges against her

10 with INS and OPM in Washington, D.C."

11 A. Sounds like something I would write to get her to be more

12 responsive. I'm not a civil servant. I don't know the, you

13 know, the rules, so you just