jack levy's deposition (part 2)

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IN THE CIRCUIT COURT OF 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA

PROBATE DIVISION

CASE NO.502010CP004252XXXXSB

IN RE: ESTATE OF ALLAN HAYMES,

Deceased.

___________________________________/

ZYLO MARSHALL,

Petitioner,

vs.

LOIS M. HAYMES, as PersonalRepresentative of the Estate ofALLAN HAYMES, and CRAIG DONOFF,as Personal Representative of theEstate of ALLAN HAYMES,

Respondents.

___________________________________/

U.S. Legal - Hollywood 3440 Hollywood Boulevard, Suite 320, Hollywood, Florida January 31, 2014 12:30 p.m.

DEPOSITION OF JACK LEVY

Taken before Debra Petracca, Notary Public,in and for the State of Florida, at Large, pursuantto Notice of taking Deposition.

-- -- --

VOLUME III

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1

2 APPEARANCES

3 APPEARING TELEPHONICALLY ON BEHALF OF THE PETITIONER:

4 ZYLO MARSHALL, PRO SE 402 West Atlantic Avenue, Apt. 154,

5 Delray Beach, Florida 33444

6 ON BEHALF OF THE RESPONDENT:

7 SHENDELL & POLLOCK, P.L., By: MATTHEW A. TORNINCASA, ESQUIRE,

8 2700 North Military Trail, Boca Raton, Florida 33431

9

10 - - - - -

11 WITNESS CONT. DIRECT CROSS REDIRECT RECROSS

12 Jack Levy

13 (By Mr. Pollock) 103 303

14 (By Mr. Marshall) 265 324

15 - - - - -

16 RESPONDENT'S EXHIBITS FOR IDENTIFICATION: PAGE

17 EX. 4 - update subpoena duces tecum 109

18

19

20

21

22

23

24

25

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1 (Whereupon, the following proceedings were had:)

2 THE WITNESS: Tell me when I said I

3 exercised control over him. I don't remember

4 that. I don't believe I said that.

5 BY MR. TORNINCASA:

6 Q. Is it your testimony that Allan --

7 excuse me.

8 A. Can you read back when I said that?

9 Q. I'm asking a question, sir.

10 A. Well, she just --

11 Q. Is it your testimony that Lois Haymes

12 did not control Allan Haymes?

13 A. Did not control Allan Haymes?

14 Q. Correct. Yes-or-no question.

15 A. It is my testimony that she did not

16 control when?

17 Q. It's a yes-or-no question.

18 A. Then there's no answer. I can't answer

19 that question. There are different frames of time

20 when she did and different times she didn't. When

21 she first came down, she didn't. And another frame

22 of time she did. So how can I give you an answer?

23 What answer would you want?

24 Q. That's a fine answer. You've just

25 stated that Lois Haymes exercised control over

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1 Allan Haymes; is that correct?

2 A. Throughout his life, yes. Throughout

3 his life, yes.

4 Q. When was the first time that Lois

5 Haymes exercised control over Allan Haymes?

6 A. When was the first time -- from --

7 almost from the get-go attempted to control. I

8 didn't say she succeeded.

9 Q. I'm going to move to strike --

10 A. Well, the question is, do you want to

11 know when she succeeded in doing it or she tried to

12 do it?

13 Q. Sir, I'm going to strike your response

14 and ask you to answer the question again.

15 A. Explain it again.

16 Q. When did Lois Haymes exercise control

17 over Allan Haymes that you're aware of?

18 A. I would say for the years before he

19 died, few years before he died.

20 Q. What years?

21 A. A few years before he died after she

22 came down here.

23 Q. One year? Two years? Three years?

24 Five years? Ten years? Twenty years?

25 A. I would say -- do you have when she

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1 came down here?

2 Q. When?

3 A. I'm not sure of the dates.

4 Q. Since the date she came down?

5 A. I would say years before he died.

6 Q. Okay. Is it your testimony that from

7 the day she came down she successfully exercised

8 control over him?

9 A. I would say -- from the date she

10 successfully con- --

11 Q. Yes. This has always been about --

12 A. In different degrees.

13 Q. -- when she has exercised control, sir?

14 A. There's different degrees of control.

15 What are you talking about? Full control or

16 partially controlled? That -- I can't answer that

17 question.

18 Q. When is the first time you are aware of

19 Lois Haymes controlling Allan Haymes, sir? You can

20 give me the date or you can give me specific

21 instance one of the two, the first time.

22 A. The first time she exercised control

23 over him?

24 Q. Uh-huh.

25 A. Was the day we went to the dance I

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1 would say.

2 Q. And how did she exercise control over

3 him at that dance?

4 A. Verbally.

5 Q. What did she tell him?

6 A. She didn't tell him that I know of.

7 She might -- I don't know. I wasn't there when she

8 spoke to him, so I can't say what she told him. I

9 can only say what she told me.

10 Q. I don't care about what she told you.

11 A. I wasn't there, so I don't know. The

12 answer's I don't know.

13 Q. When did she first exercise control

14 over him besides you don't know, sir?

15 A. I don't know. Besides I don't know?

16 Q. Yeah.

17 A. I said years before he died. Maybe --

18 I don't know how long she was down here. But right

19 after she was down, she started and she kept

20 tightening control slowly, so --

21 Q. I'm going to move to strike this entire

22 colloquy as unresponsive.

23 A. When, okay. There's no date.

24 Q. Listen to my question, sir.

25 A. Yeah.

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1 Q. When is the first time that you know

2 that Lois Haymes actually exercised control over

3 Allan Haymes? You're the one who's saying it

4 happened.

5 A. Yes.

6 Q. I want to hear what happened and when.

7 A. What happened, I told you at the dance,

8 she tried to -- she told me --

9 Q. We don't need to repeat this, sir.

10 A. Well, that's what happened.

11 Q. I'm going to move to strike as

12 unresponsive.

13 What did Allan Haymes do during that

14 dance that Lois Haymes controlled?

15 A. Oh, at that dance, she did nothing to

16 Allan Haymes.

17 Q. Thank you. Nothing further on that.

18 So then when did she control Allan?

19 When did she exercise this control?

20 A. In varying degrees. It started -- you

21 want to know when, I'm telling you when.

22 Q. I want a specific incident, sir. I

23 don't want a generalization. I want the first time

24 that you saw her exercise control like you have

25 been asserting she has done but you have failed to

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1 provide one concrete example of for almost 20

2 minutes of questioning now.

3 A. Well, by telling me to stay away from

4 Allan or else she'll abandon him, and that is

5 trying to control Allan.

6 Q. If that's your only answer, that's

7 terrific, sir. I move to strike it because I don't

8 believe it demonstrates any control over Allan.

9 Do you have anything besides that

10 incident?

11 A. I would say there was for years, and I

12 can't get the exact time.

13 Q. The next specific -- we've got the

14 dance. Allan died. In between the dance and Allan

15 dying, give me any specific incident of Lois

16 exercising control over Allan.

17 A. I gave you four of them before. When

18 he would call me, and then he would shut up. He

19 was afraid of her and he stopped talking. We

20 started a conversation, he was telling me he can't

21 stand her, this and that. She walks in the room

22 and he stops. To me that's exercising control.

23 That's what I witnessed, and I

24 witnessed it around -- I witnessed when my son was

25 there. I witnessed it when I went up there in the

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1 middle of the night a couple of times. Every time

2 she was -- that's what I saw. To me that's --

3 that's what I saw.

4 Q. That's fine. I'm yet to hear you

5 provide to me one example.

6 A. All right. If you're not satisfied,

7 that's fine.

8 Q. I haven't heard -- and please don't

9 interrupt me. I haven't heard one example of Lois

10 exercising positive control over Allan Haymes where

11 she has caused him to do something yet, sir. Is

12 there one that you can recall or no?

13 A. Well, I'm going to tell you the answer

14 when you're ready. It could be an insult. You're

15 not smart enough. You're not listening. And

16 you're saying I don't understand. Just because you

17 don't understand, that doesn't mean it didn't

18 happen. Just because you don't understand when I

19 went in there and he shut up like a clam and she

20 came out, you don't understand it. I understand

21 it. That's abuse. Because you're dummy enough not

22 to know what abuse is, it's not my fault.

23 And you can say I don't understand. So

24 what. I don't have to make you understand. I have

25 to make whoever it is that's supposed to care about

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1 Allan and care about Zylo and care about the right

2 thing to do. They have to understand it. I don't

3 have to convince you because I don't think you --

4 you don't want to know the truth.

5 Q. I'm going to move to strike that as

6 unresponsive.

7 A. So he moves to strike it, so what the

8 hell -- what am I answering? Why should I even

9 answer any more questions? I think you're

10 finished. I think we're done.

11 MR. MARSHALL: I'm going to object to

12 that because I feel that he's answered the

13 best way he can. And, you know, I feel we're

14 going in circles. You've asked him for dates

15 and times. He knows time frames. He just

16 doesn't know dates and times.

17 MR. TORNINCASA: Okay. Mr. Marshall,

18 thank you for your speaking objection.

19 Again, as I've indicated both to you several

20 times I'm looking for specific incidents.

21 THE WITNESS: I'm getting an ulcer from

22 this damn thing, so I'd like you to finish as

23 soon as possible. I'm getting sick over

24 this.


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1 Q. Sir, if you answer by questions

2 directly instead of talking around them, it will be

3 much faster.

4 A. Well, you ask questions that cannot be

5 answered. When, a time frame was six years or five

6 years is when. When did it start getting warm?

7 What time? And what time was it 66 degrees and

8 what time was it 22 degrees and what time -- who's

9 going to remember to give you a specific. And you

10 want specifics about things that happened over a

11 period of five years.

12 Q. Sir, I've told you since minute number

13 one that "I don't know" is an acceptable answer.

14 You have repeatedly, instead of saying I don't

15 know, elected to tell me a story about something

16 that you do know in the hopes of getting it out on

17 the record, which is fine.

18 I have moved to strike those references

19 because they're not responsive to my answers. You

20 can testify however you deem fit. I don't have to

21 deal with you refusing to answer my questions.

22 A. You don't have to accept the answer is

23 what you're saying, right? And just say to strike

24 it doesn't count. So you take out bits and pieces

25 of what I said and make it --

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1 Q. There's no question pending, sir.

2 Do you remember previously writing a

3 letter where you indicated that Allan Haymes would

4 not let Lois prevent Allan from seeing you?

5 A. Is that the -- are you referring to the

6 letter that --

7 Q. It's a yes-or-no question.

8 A. I don't remember.

9 Q. Do you remember saying -- writing a

10 letter or saying that?

11 A. That -- repeat it.

12 Q. Okay. Allan would not allow Lois to

13 prevent you from seeing Allan. Did you say that?

14 Yes or no.

15 A. I believe I did.

16 Q. Was it true when you said that?

17 A. Well --

18 Q. It's a yes or no, sir.

19 A. He would not -- he did not -- is it

20 true when I said it? It's an ambiguous question.

21 I can't -- it's very hard to pinpoint what I know

22 happened and you're telling me did it happen

23 exactly the way it happened. And I can't say did

24 it happen exactly the way it happened. If I wrote

25 the letter, it's in the letter. I wrote the

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1 letter. Whatever is in the letter I wrote. And I

2 believe what I wrote. I may have made a mistake

3 here and there. Nobody's perfect.

4 Q. That's fine. Nothing further on that

5 issue.

6 Is that your full answer or is there

7 more you need to say about this?

8 A. You don't want me to -- what good is

9 it? Whatever I tell you, you're going to strike if

10 you don't like it. So it's done. We're done with

11 it. Whatever is in the letter I wrote.

12 Q. Okay. I'm going to review my notes. I

13 know Zylo said he has some questions for you,

14 Mr. Levy.

15 MR. TORNINCASA: Mr. Marshall, if you

16 want to go ahead with your questions, now is

17 the appropriate time.

18 CROSS-EXAMINATION

19 BY MR. MARSHALL:

20 Q. All right. Good afternoon.

21 A. Zylo, hold on just a minute.

22 Q. Mr. Levy, I'm representing myself as

23 pro se.

24 Prior to the taking of this deposition,

25 did Zylo Marshall ever call you on the phone and

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1 coach you on what to and not to say in answering

2 the questions asked by counsel for Lois Haymes?

3 A. No.

4 Q. Prior to the taking of this deposition,

5 did Zylo Marshall ever call you on the phone and

6 coach you on what to and not to say in answering

7 questions asked by Zylo Marshall?

8 MR. TORNINCASA: Form.

9 THE WITNESS: No.

10 BY MR. MARSHALL:

11 Q. Okay. How long have you known Allan

12 Haymes?

13 A. 50 years, about 60 -- over 60 years.

14 Q. How long have you known Zylo Marshall?

15 A. Since he was nine years old.

16 Q. Okay. How were you first introduced to

17 Zylo Marshall?

18 A. Allan Haymes called me up and told me

19 that would I be able to put up Lois -- not Lois --

20 Denise and Zylo when she came to Florida -- they

21 came to Florida, and I said they can stay in my

22 house, that's fine.

23 Q. Okay. Was this in the '80s when you

24 first met Zylo Marshall, in the late '80s?

25 A. I don't know. I don't remember the

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1 '80s. You were nine years old, Zylo.

2 Q. Okay. Since 2003 did you ever have any

3 disagreements or arguments or fights with Allan

4 Haymes?

5 A. Never.

6 Q. Okay. Did Zylo ever make you mad or

7 upset you since 2003?

8 A. Yes.

9 Q. Okay. What did he do to upset you?

10 A. You did something to upset Allan. And

11 at the time, I don't remember exactly what it was

12 now, you know --

13 Q. Was that prior to 2005?

14 A. I don't remember.

15 Q. So you don't remember what Zylo did or

16 said to upset you?

17 A. Not me. Upset Allan. And --

18 Q. What about upsetting you?

19 A. Me, no. He never said anything to

20 upset me.

21 Q. Okay. Did Allan Haymes love his

22 grandson?

23 A. Yes.


25 BY MR. MARSHALL:

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1 Q. Okay. Can you tell me any anything

2 Allan Haymes told you negatively about Zylo

3 Marshall?


5 THE WITNESS: When Carol was alive, you

6 did something that was very, very -- they

7 don't like what you did. You did something

8 wrong, and he was very annoyed at you for

9 that.

10 BY MR. MARSHALL:

11 Q. Okay. Over the years, did Allan Haymes

12 ever have issues in dealing with Zylo Marshall?

13 A. I don't think so.


15 BY MR. MARSHALL:

16 Q. Do you know if Zylo Marshall ever

17 harassed or threatened Allan Haymes?

18 A. Again, I don't know.

19 Q. Okay. Did you know if Zylo Marshall

20 every harassed or threatened Lois Haymes?

21 A. No, not that I know of.

22 Q. Did Zylo Marshall ever harass or

23 threaten you or your family?

24 A. No.

25 Q. Why do you think Allan Haymes called

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1 Lois Haymes to assist him when his wife died in

2 2005 instead of Zylo Marshall?

3 MR. TORNINCASA: Form. Calls for

4 speculation.

5 THE WITNESS: Because I knew you had

6 the incapacity to drive. You weren't allowed

7 to drive, and you couldn't take care of him.

8 And I suggested strongly to him that the only

9 other family member that might be able to

10 would be Lois, but the --

11 BY MR. MARSHALL:

12 Q. Okay. Go ahead.

13 A. -- the main reason was that you were

14 incapacitated to fully take care of him because you

15 couldn't drive mainly.

16 Q. Okay. Did it have anything to do with

17 Zylo Marshall acting impulsive, compulsive and

18 abusive towards Allan Haymes or his daughter?


20 THE WITNESS: At what time frame?

21 BY MR. MARSHALL:

22 Q. From 2003 until his death --

23 A. No --

24 Q. -- did it have anything to do with Zylo

25 acting impulsive, compulsive or abusive towards

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1 Allan Haymes or his daughter?

2 A. No.

3 Q. Okay. Other than the 2007 visit, was

4 Zylo Marshall ever involved in helping his

5 grandfather?

6 A. Well, you came down here, down to

7 Florida, and stayed there for a while to help him

8 out.

9 Q. So was there any other time, besides

10 that visit, that Zylo Marshall ever helped his

11 grandfather?

12 A. I don't know.

13 Q. Were you ever called or invited to

14 Allan Haymes' funeral?

15 A. No.

16 Q. Okay. Did you -- do you think Allan

17 Haymes would have asked Zylo Marshall to assist him

18 if Zylo Marshall could drive?

19 MR. TORNINCASA: Object to the form.

20 Calls for speculation.

21 THE WITNESS: Are you allowed to do

22 that?

23 MR. TORNINCASA: I'm allowed to object

24 to any question he asks, sir.

25 MR. MARSHALL: I'm not an attorney, so

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1 my way of answering would not be appropriate,

2 so I have a hard time. I'm not an attorney,

3 so . . ..

4 THE WITNESS: So what's the question?

5 The question is my opinion. And he says I

6 can't --

7 MR. TORNINCASA: No, sir, I have not

8 said anything of the sort. You can answer

9 that question. I have lodged my objection.

10 THE WITNESS: He objected to the

11 question.

12 MR. TORNINCASA: You can answer --

13 THE WITNESS: Ask me another way.

14 MR. TORNINCASA: -- you are free to

15 answer.

16 BY MR. MARSHALL:

17 Q. Okay. Do you think Allan Haymes would

18 have asked Zylo Marshall to assist him if Zylo

19 Marshall could drive?


21 THE WITNESS: Yes.

22 BY MR. MARSHALL:

23 Q. Okay. Do you think that Lois Haymes

24 loved her father?

25 A. Loved her father?

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2 BY MR. MARSHALL:

3 Q. Loved.

4 A. Loved, no. As far as I know, they were

5 at odds with each other all -- since she was, I

6 don't know, a teenager.

7 Q. When did you first see Allan Haymes

8 become afraid of his daughter?


10 Improper predicate.

11 THE WITNESS: Repeat the question.

12 When did I first see that --

13 BY MR. MARSHALL:

14 Q. When did you first see Allan Haymes

15 become afraid of his daughter?

16 MR. TORNINCASA: Object to form.

17 THE WITNESS: It doesn't matter if I

18 answer it. He says he objects to the

19 question.

20 MR. TORNINCASA: You can answer.

21 THE WITNESS: But the question is --

22 the answer is, the first time it was gradual.

23 It wasn't today yes and tomorrow no. Okay.

24 So only when I went to see him, it just kept

25 getting worse and worse.

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1 BY MR. MARSHALL:

2 Q. Okay. Do you think Lois Haymes had her

3 father's best interests at heart?

4 MR. TORNINCASA: Object to form. Calls

5 for speculation.

6 THE WITNESS: It's my opinion that she

7 came only because of -- because she was -- as

8 far as I know, she hated her father, and what

9 can I tell you.

10 BY MR. MARSHALL:

11 Q. Okay. Over the years, did it get worse

12 and worse?


14 THE WITNESS: He's objecting to

15 everything. But --

16 BY MR. MARSHALL:

17 Q. That's fine.

18 A. I don't know, because the truth of the

19 matter is I know that for years and years, he

20 was -- he didn't talk to her for years. And so

21 what happened, how did it get worse and when it got

22 better, I don't know. But I do know that they were

23 at odds with each other for many, many years.

24 Q. Okay. And do you think -- how many

25 years do you think Allan Haymes did not see his

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1 daughter?


3 THE WITNESS: It's my opinion -- I

4 don't know how many years.

5 BY MR. MARSHALL:

6 Q. Okay. Do you think Lois Haymes had a

7 close relationship with Zylo?

8 A. Had what?


10 BY MR. MARSHALL:

11 Q. Had a close relationship with Zylo

12 Marshall?

13 A. No.


15 THE WITNESS: You were at odds with

16 each other for years, as far as I know.

17 BY MR. MARSHALL:

18 Q. Does Lois have a close relationship

19 with you?

20 A. No.


22 BY MR. MARSHALL:

23 Q. When Lois took control of her father,

24 Allan, did you see Allan less and less?

25 A. Yes.

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1 MR. MARSHALL: Okay. Matt, do you

2 happen to have the transcript that I took of

3 Jack Levy?

4 MR. TORNINCASA: I'm afraid I don't.

5 THE WITNESS: When you last deposed me?

6 When you asked me the questions?

7 BY MR. MARSHALL:

8 Q. Yes, yes. You guys don't have that?

9 A. I have it.

10 Q. You have it with you?

11 A. Yeah. It's a copy of you asking me

12 questions and me answering them.

13 Q. You have that with you?

14 A. Yeah.

15 Q. Okay. Can you open it up, please?

16 A. Yes. Go ahead. I'm here. What page?

17 Q. Okay. Let's turn to page 6. Line 1

18 you stated that, in your lifetime, she's the worst

19 person you've ever met.

20 Can you please walk us through what you

21 mean by the worst person you ever met?


23 THE WITNESS: Well, you want to know

24 what -- here, I just saw something that

25 reminded me of this incident that we're

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1 talking about.

2 Well, one of the things I could tell

3 you is what kind of -- was that when I was

4 arguing with her about she says she was able

5 to accuse me of something and then say it was

6 true when it was a complete lie, and it was

7 proven that it was a lie, but she didn't

8 care. It was true as far as she was

9 concerned.

10 And one of the incidents was I told

11 you -- I said to your grandson and your

12 sister came to my home and I took care of

13 them. I had them live with me until she got

14 settled. She said that's not true. She said

15 you only saw them for one hour, then they

16 left. I answered, that's not true.

17 She insisted that she's saying the

18 truth, that I don't know them and I had

19 nothing to do with them, and it's all lies.

20 She would make a lie up, swear to it up and

21 down that that's the truth, and she's an

22 impossible person to reason with.

23 In the meantime you were there living

24 with me for a while, so -- but she didn't

25 care. She said it's all lies. That's the

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1 kind of a person she is.

2 MR. TORNINCASA: I'm moving to strike

3 that. I don't know how any of this was

4 responsive to the question that was

5 originally --

6 THE WITNESS: Exactly --

7 MR. TORNINCASA: -- asked. I don't

8 understand --

9 THE WITNESS: He asked me --

10 MR. TORNINCASA: -- what your purpose

11 in -- let me finish speaking, sir.

12 THE WITNESS: You're allowed to do

13 that?

14 MR. TORNINCASA: Yes. I'm allowed to

15 object, and I'm allowed to make a complete

16 objection on the record.

17 THE WITNESS: Go ahead.

18 MR. TORNINCASA: What is happening in

19 this moment is you have pulled a written

20 collection of documents off of a prior

21 subpoena which you are now reading into the

22 record --

23 THE WITNESS: Yeah.

24 MR. TORNINCASA: -- it's not responsive

25 to any of the questions that's been asked.

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1 You apparently are just taking advantage of

2 this opportunity to make free-flowing --

3 THE WITNESS: While --

4 MR. TORNINCASA: -- please do not

5 interrupt me, sir. You are taking an

6 opportunity to make this free-flowing

7 statement which is beyond the scope of the

8 question that was asked, which is just

9 essentially a random narrative, and therefore

10 I object to --

11 THE WITNESS: What's a random

12 narrative?

13 MR. TORNINCASA: -- it in it's entirety

14 and move to strike the entirety of this

15 colloquy.

16 THE WITNESS: Okay. Does that mean you

17 have to strike it?

18 MR. MARSHALL: That's fair, because,

19 you know --

20 THE WITNESS: No, don't let him strike

21 it, because I tell you why. It's true. She

22 was mean.

23 Another time when I went in to try to

24 make friends, you know, make up with her, she

25 said, you're not going to get away with it, I

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1 won't let you, this and that. I mean, and

2 all -- so what do I think is -- why do I

3 think she's the meanest? She's a vindictive,

4 mean person.

5 BY MR. MARSHALL:

6 Q. I'll be asking you those questions in

7 relation to those statements you just said in a

8 little bit. So I'll be asking you those questions

9 in relation to that statement that you said. But

10 we're not there just yet, but I will be asking you

11 some questions. Okay?

12 A. All right.

13 Q. All right. Did you have these issues

14 with Lois in January 2005 when Lois first came down

15 to help her father?

16 A. Yes.

17 Q. Okay. What did you encounter in 2005?


19 THE WITNESS: When I first took him out

20 to a dance, she threatened to abandon her

21 father if I, you know, kept seeing him or

22 influenced him or continued whatever. She

23 wanted me to stay away from my father. That

24 was the first -- that's -- that was as soon

25 as we went out, that's what she said.

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1 BY MR. MARSHALL:

2 Q. How many years did you encounter these

3 problems with Lois Haymes?

4 A. From that time on until he died. From

5 the time of the dance until he died, progressive.

6 Q. Do you think that had to do with

7 anything in relation to Allan Haymes' estate and

8 his money?

9 MR. TORNINCASA: Form. Calls for

10 speculation. Objection.

11 THE WITNESS: He objects to it, but

12 personally at the end, the end result was

13 that she got what she wanted by coercing Al

14 and scaring the crap out of him and being

15 power of attorney, and the next thing you

16 know what happened, happened.

17 BY MR. MARSHALL:

18 Q. Do you think Lois was after her

19 father's money?


21 THE WITNESS: Absolutely. I believe

22 that. Ask me if I believe it. Don't say if

23 I think it, I'll be able --

24 BY MR. MARSHALL:

25 Q. Jack, let me ask the questions --

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1 A. I know.

2 Q. -- because that's the way it works.

3 Line 16, do you see line 16 on the same

4 page?

5 A. Page 5? What, 6? Page 7?

6 Q. Page 6, line 16, you stated, the week

7 that she arrived in Florida she started trying to

8 isolate him from his family and friends?

9 A. Exactly. That's what I --

10 Q. Okay. Wait. Wait. What was Lois

11 doing to isolate her father from his families and

12 friends?


14 THE WITNESS: Objections. He's got an

15 objection, so . . .

16 BY MR. MARSHALL:

17 Q. That's fine. He has a right to do

18 that.

19 A. Well, this is when she said, if you

20 don't get out of Allan's life, I'm going to abandon

21 him.

22 Q. Which --

23 A. I said, how could you abandon him, he's

24 your father? Well, then, you butt out and stay out

25 of his life; otherwise, that's what I'll do.

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1 Q. Which family was Lois trying to isolate

2 her father from?


4 THE WITNESS: From everybody.

5 BY MR. MARSHALL:

6 Q. Which family members?

7 A. You, me. I don't know. I don't know.

8 Q. So was Zylo Marshall the only family

9 member she was trying to isolate him from?

10 A. I don't know.

11 Q. Okay. Which friends was Lois trying to

12 isolate her father from?

13 A. Me, and there was another. I think a

14 neighbor also that she made it hard for him, but I

15 don't remember the guy's name.

16 Q. Okay. You stated in 2005 you invited

17 Lois and her father to a ballroom dance in Coconut

18 Creek?

19 A. Yeah.

20 Q. Did you try to attack Lois Haymes at

21 the dance hall?

22 A. Attack her?

23 Q. Yes.

24 A. No.

25 Q. Did you ever try to scold Lois Haymes

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1 in a public place?

2 A. I don't know if I did. I know at the

3 dance hall I told her, I don't care what you say.

4 When Allan tells me he doesn't want me to see him,

5 that's when I'll stop seeing him; otherwise, I'm

6 going to see him.

7 Q. In line 21, page 6, you stated that

8 Lois was apprehensive about your relationship with

9 Allan.

10 A. Yes.

11 Q. Can you please tell me what

12 apprehensive about?

13 A. That I may have too much influence over

14 his life or to him. That's when she threatened to

15 abandon him if I don't stay out of his life.

16 Q. Okay. Can you please describe to me

17 your interpretation of Lois Haymes's behavior that

18 night?


20 THE WITNESS: It wasn't in the night.

21 It was in the afternoon, number one. And she

22 was just trying to lay the law down to me as

23 to how, you know, that she didn't want me in

24 Allan's life and wants me to mind my own

25 business.

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1 BY MR. MARSHALL:

2 Q. Did Lois seem loving and caring towards

3 her father?

4 A. Not that I know of.

5 Q. Okay. Did Lois seem concerned about

6 her father's well-being?


8 THE WITNESS: I don't know. I don't

9 think so, but I don't know.

10 BY MR. MARSHALL:

11 Q. Page 7, line 7, you stated that Lois

12 said she will abandon him and not take care of him.

13 A. Yeah.

14 Q. Approximately how many times did you

15 hear Lois say that to you or to her father?

16 A. To me. She said it to me a couple of

17 times.

18 Q. Five, 10, 15?

19 A. No, no, no. But two or three times.

20 Q. Okay.

21 A. And I didn't care. I said I'm going to

22 see him as long as he wants to see me.

23 Q. Okay. Page 7, line 22, you stated Lois

24 was giving instructions to people at the retirement

25 home that if you came, you weren't allowed to see

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1 Allan. Okay.

2 Over the years, how many times did you

3 encounter these restrictions from Lois?


5 THE WITNESS: Over the years, I don't

6 know how many. Every time I went there to

7 see Al I had restrictions.

8 BY MR. MARSHALL:

9 Q. Okay. So it was a constant thing. Is

10 that what I hear?

11 A. Yes, it was constant.

12 Q. You also stated in line 26 that you

13 were there with your son. Can you please describe

14 what you encountered with Lois?

15 A. That was when --


17 THE WITNESS: -- my son and I -- what

18 was that?

19 MR. TORNINCASA: Form objection.

20 You can answer.

21 THE WITNESS: Oh. That was when my son

22 and I stopped off to see Allan without

23 calling Lois and getting permission. I just

24 went there on the spur of the moment because

25 we were passing -- we were going from

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1 Florida -- Fort Lauderdale, from Hollywood to

2 Port St. Lucie and this was on the way.

3 So we jumped in to see him. And the

4 nurse that was there I guess was instructed

5 to call Lois if anything didn't go according

6 to her rules. And while we were there, in

7 comes Lois storming, chased -- first of all,

8 she told the girl get them out of the room,

9 get my son out of the room and he's got no

10 right being -- bringing him there. And then

11 she came in and said, you know just

12 chastising me for coming without permission,

13 this and that.

14 BY MR. MARSHALL:

15 Q. You've saying Allan Haymes was not able

16 to see his friends freely?

17 MR. TORNINCASA: Objection to form.

18 THE WITNESS: Yes. I believe that she

19 did it -- yes. Yes, of course. I mean

20 freely is you had to call -- you had to get

21 her permission and dance to her tune.

22 BY MR. MARSHALL:

23 Q. At that time was Allan Haymes able

24 to -- was he able to make his own decisions? Was

25 he able to understand the people around him? Was

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1 he demented when you went to go see him when your

2 son came?

3 A. I'm not a psychiatrist, so I can't say

4 whether he was demented or not. But I was able to

5 communicate with him, you know. The bottom -- the

6 thing was that in order for me to see him, let's

7 say, she'd say, well, you can only come on Tuesday

8 between 3:00 and 4:00 and you can stay only 15

9 minutes, something like that.

10 So that means I would get there between

11 3:00 and 4:00, and she would throw me out in 15

12 minutes. And that, mind you, that's like -- I had

13 to drive like 40 miles one way and 40 miles another

14 way to see him for 15 minutes. That's how

15 restrictive she ended up being.

16 Q. You stated in line 33 that Lois said,

17 Allan, you are not going to get away that easily.

18 What do you think Lois meant by that.


20 THE WITNESS: When I was trying to make

21 up with her. I told her I would give in.

22 You're creating a hostile situation. Nobody

23 can see Allan unless she was there and so on.

24 And I told her, you know, I give up, whatever

25 you want me to do, I will do. And she said

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1 you're not going to get away that easily.

2 MR. TORNINCASA: Again, object to the

3 form.

4 BY MR. MARSHALL:

5 Q. What do you mean by that?

6 A. She said that to Allan, you're not

7 going to get away with that easily. You're going

8 to pay for it.

9 Q. Pay for what?

10 MR. TORNINCASA: Objection.

11 BY MR. MARSHALL:

12 Q. Pay for what?

13 A. Pay for whatever.

14 MR. TORNINCASA: If both of you will

15 please pause for a second.

16 THE WITNESS: You object.

17 MR. TORNINCASA: Objection. I need to

18 move onto the record that, again, you are

19 reading a pre-prepared written statement into

20 this deposition. I object to this process.

21 And I move to strike these questions and

22 answers as a result.

23 MR. MARSHALL: You're saying that I

24 cannot -- I have many problems. I can't ask

25 questions. I've been on the phone for three

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1 hours. I can't ask questions that I have

2 written down. Is that what you're saying,

3 Matt?

4 MR. TORNINCASA: Mr. Marshall, you're

5 free to ask whatever question you want so

6 long as it's not objectionable. My objection

7 is to Mr. Levy reading pre-prepared answers

8 into the record.

9 MR. MARSHALL: Oh, that's him, not me.

10 I see. Okay.

11 THE WITNESS: I'm not reading this

12 verbatim. You just remind me of what

13 happened. I'm not reading. I'm not reading

14 this verbatim.

15 Because I remember certain things, so I

16 say it. And now I remember what she said.

17 She told her father that he's going to pay

18 for it. Not going to get away with it.

19 BY MR. MARSHALL:

20 Q. Does Allan ever seem scared of his

21 daughter?


23 THE WITNESS: Absolutely.

24 BY MR. MARSHALL:

25 Q. Was that over the years or was that

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1 just one time?

2 A. Over the years, the last -- over the

3 years it got worse and worse. When she came down,

4 you know, everything was okay and she had her own

5 agenda. She tried to enforce it on me, and I

6 wouldn't go along with it. And it just got, you

7 know, tougher and tougher. She fought harder and

8 harder.

9 Q. Okay. Prior to Allan Haymes's death,

10 how many years do you think Allan Haymes became

11 demented?


13 THE WITNESS: Oh, I don't know. I'm

14 not a psychiatrist. I don't know. But it

15 was gradual. Didn't he have -- I don't know.

16 I think he had Parkinson's. And that's his

17 gradual diminishing of the mental capacity.

18 It doesn't happen over night.

19 MR. TORNINCASA: Move to strike.

20 THE WITNESS: Move to strike?

21 BY MR. MARSHALL:

22 Q. On page 8, line 24, you stated that

23 Zylo Marshall had serious problems. What did you

24 mean by serious problems.

25 A. Well, you were dropped on your head

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1 when you were a kid, right, when you were a baby?

2 Q. Right.

3 A. And you have seizures.

4 Q. Did these problems include being rude,

5 disrespectful or malicious towards Allan or Lois

6 Haymes?

7 A. I can't answer that question. I don't

8 know. But I do understand that you lost the

9 ability or they wouldn't give you, because of your

10 seizures, to be able to drive a car. But to be

11 honest with you, over the years, you've improved so

12 much that I can't find anything, you know, negative

13 about your mental capacity.

14 Q. Was Zylo Marshall ever rude,

15 disrespectful or malicious towards you?

16 A. No.

17 Q. Okay. Page 8, line 3 you stated, my

18 understanding was he was going to be very well

19 taken care -- my understanding was he was going to

20 take very good care of me and in the future not to

21 worry, he would treat me fairly.

22 Do you think there was ever a reason

23 why he would change his mind and give Zylo nothing?

24 MR. TORNINCASA: Objection. Form.

25 THE WITNESS: I believe -- it's my

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1 opinion -- it's what he wants to know. My

2 opinion is that the results were I know, for

3 example, he had millions of dollars, and the

4 results were it all went to Lois, or most of

5 it went to Lois. And she never -- she took

6 power of attorney or whatever she did. I

7 don't know what she did.


9 BY MR. MARSHALL:

10 Q. Do you think that Zylo Marshall

11 received less because of his behavior?


13 THE WITNESS: I believe he believed --

14 he received less in the beginning because of

15 prior behavior that happened while Carol was

16 alive. But after that happened, I assumed

17 then the way he told me that you'll be taken

18 care of as same as if you were Denise, you

19 know.

20 And that's what I -- so I said -- my

21 conversation with him was, Allan, if you're

22 going to give Zylo or Brian anything, do it

23 while you're alive because I don't believe

24 Lois will follow your wishes. And he said,

25 don't worry, it's all taken care of. She

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1 said there would no problem and you will be

2 well taken care of.

3 BY MR. MARSHALL:

4 Q. You stated on page 9, line 12, that

5 Allan called you out of desperation to get him out

6 of the situation?

7 A. Yes.

8 Q. And you said the only way I could do

9 that would be if I personally took over.

10 What do you mean by "personally took

11 over"?

12 A. I think what Al wanted me to do --


14 THE WITNESS: -- is because he wanted

15 me to assume the role that Lois had because

16 he couldn't take her anymore and he wanted --

17 he was looking for help, and he thought I

18 could -- well, I knew I could not do what he

19 needed and that would mean he would be

20 without anybody and he --

21 BY MR. MARSHALL:

22 Q. What personally took over means?

23 A. I could have if I wanted to --


25 THE WITNESS: -- and my opinion is that

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1 if I offered to take care of him, he would

2 have gladly let me do it, but I couldn't and

3 I wouldn't, and I just couldn't do it.


5 BY MR. MARSHALL:

6 Q. Okay. If Zylo Marshall could drive a

7 car, do you think he would have done a very good

8 job at taking care of Allan --


10 THE WITNESS: Yes, I do.

11 BY MR. MARSHALL:

12 Q. Okay. Other than not being able to

13 drive, can you think of any other reason why Zylo

14 would not be a good person in taking care of Allan?


16 THE WITNESS: Well, the truth of the

17 matter is that I think you could take care of

18 him, but you can't do it if you can't drive.

19 And then you have your problems with the

20 seizures, so you have too much baggage. And

21 that's the main reason, but I think you could

22 have done it if you were able to drive.

23 BY MR. MARSHALL:

24 Q. Okay. All right. You mentioned on

25 page 10, line 5, that Lois was trying to push him

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1 to do things he didn't want to do.

2 What was Lois trying to push him to do?

3 What was Lois trying to push him to do?


5 Again, move to strike.

6 THE WITNESS: He's objecting to this

7 question.

8 BY MR. MARSHALL:

9 Q. That's fine.

10 A. She was badgering him, and he couldn't

11 take it. And she was trying to push him to stop

12 seeing me, you know, as a friend and to do things

13 that he doesn't want to do.

14 Q. Did this include signing papers he did

15 not want to sign?


17 THE WITNESS: I don't know about the

18 papers. All I know is he was scared. He was

19 afraid of her.

20 BY MR. MARSHALL:

21 Q. Okay. So you did not know if he signed

22 papers out of fear?


24 THE WITNESS: I don't know that, but I

25 believe that.

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1 BY MR. MARSHALL:

2 Q. How many retirement homes was Lois

3 Haymes and her father asked to leave from?

4 A. The first one they asked her to leave.

5 The second one I don't know. I think he -- I think

6 he went from the nursing home directly into

7 hospice, which in my opinion, and I'm not a doctor,

8 but I thought that you first go from nursing home

9 to the hospital to see if they could help you.

10 Then if they can't help you, you go to hospice.

11 But for some reason she got him from the nursing

12 home into hospice to die.


14 BY MR. MARSHALL:

15 Q. My question to you is, how many

16 retirement homes was Lois Haymes and her father

17 asked to leave from?

18 MR. TORNINCASA: Form. Asked and

19 answered.

20 THE WITNESS: One that I know of.

21 BY MR. MARSHALL:

22 Q. How many nurses did Lois fire?

23 A. At least one, maybe more, but I don't

24 know for sure. At least one that I heard she got

25 fired, and one quit because she couldn't --

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1 MR. TORNINCASA: Move to strike for

2 speculation.

3 THE WITNESS: The woman told me that.

4 BY MR. MARSHALL:

5 Q. Why did Lois fire these nurses?


7 THE WITNESS: The nurse said she didn't

8 want to continue with the situation the way

9 it is, something is wrong here.

10 BY MR. MARSHALL:

11 Q. Page 14, line 1, you stated that Allan

12 Haymes owned a property on 11th Avenue in New York

13 and his share was worth $13 million.

14 A. Yes. What happened was -- here's what

15 happened. I knew he was sick and -- but he wasn't

16 demented. We were just sitting, talking. And I

17 said to him -- because my son who is doctor is also

18 an investor and he owns a lot of real estate.

19 So I said, Al, are there any properties

20 that you have that you may want to liquidate, you

21 know, while you're here. He says, well, there's

22 one on West -- on 11th Avenue or 10th Avenue, the

23 west side of Manhattan. I said, well, now my son

24 might be interested.

25 He said, does he have $13 million. I

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1 said, what. Yeah, he says, the building is worth

2 19 million, because he had partners. And I said,

3 no, forget about it, you know, he doesn't have that

4 kind of money.

5 Q. Was this property on 11th and 46th

6 Street?

7 A. 11th Avenue and the 40s I told you, but

8 I don't remember exactly. I don't remember the

9 exact street. I know it was on 11th or 10th

10 Avenue, either the 40s or the 50s of Manhattan.

11 Q. Okay. Were the Berger brothers two of

12 the partners Allan Haymes was associated with on

13 11th Avenue in New York?

14 A. I don't know, but I believe they were.

15 Q. Did you not call the police because

16 Allan had nobody else to help him and he -- and

17 Lois -- and Lois could help him -- Lois was the

18 only one to help him?

19 A. Yes.


21 BY MR. MARSHALL:

22 Q. So you're saying that you did not call

23 the police because Allan would have nobody?

24 A. I didn't call the police.


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1 Move to strike. Suggesting an answer to the

2 witness.

3 THE WITNESS: Okay. I didn't call the

4 police because I didn't want to leave him

5 without anyone taking care of him. And she

6 was still a blood relative, and I felt she's

7 better than nothing, even though she's

8 really -- there's nobody to take her place.

9 BY MR. MARSHALL:

10 Q. Okay. Is there anything else you want

11 to say that you did not mention that you think will

12 be important?


14 THE WITNESS: I'm beginning -- you

15 know, I remembered something, but I forgot

16 what it was now. But let me just say what I

17 want to say. Well, for now that's it. It's

18 still an open thing because my memory may be

19 jarred by something that happened that I

20 don't know for sure, but I may remember it.

21 BY MR. MARSHALL:

22 Q. And finally do you trust Lois Haymes?


24 THE WITNESS: Personally, no. If she

25 would not admit even in the face of being

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1 told that this and this happened, and she

2 still won't admit that she -- she said I'm

3 the one that's the liar. And Allan, he

4 didn't -- you know, confirmed what I said.

5 She still said I'm a liar, so how can I trust

6 a person like that.

7 BY MR. MARSHALL:

8 Q. Finally, lastly, do you trust Zylo

9 Marshall?


11 THE WITNESS: Yes.

12 BY MR. MARSHALL:

13 Q. Would you trust him in your house?


15 THE WITNESS: Yes, you're my guest.

16 MR. MARSHALL: All right. I guess

17 that's it for now.

18 THE WITNESS: Well, getting back to

19 Lois.


21 There's no question pending, sir.

22 THE WITNESS: Okay. There's no

23 question.

24 MR. MARSHALL: He wanted to say one

25 more thing, and I asked him, do you have

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1 anything else you want to say, so let him say

2 it.

3 MR. TORNINCASA: No. There's no

4 question pending.

5 BY MR. MARSHALL:

6 Q. I just asked the question. Jack, is

7 there anything else you want to say?

8 A. Yes.

9 MR. TORNINCASA: Objection and move to

10 strike.

11 THE WITNESS: He wants to know -- I

12 can't say that either?

13 MR. TORNINCASA: You can answer the

14 question.

15 BY MR. MARSHALL:

16 Q. He's making his objection and then you

17 answer.

18 A. The suddenness of Al's death, from the

19 last time I saw him to the next time, which was his

20 dying death bed, and Lois -- he was in another

21 room, and Lois and her mother were in another room.

22 There were two separate rooms. And Al was there.

23 I went to visit.

24 She called me up and she said I think

25 you ought to, you know, I think it would be nice if

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1 you came over to see Al. I said, well, he's very

2 sick. So I ran up there to see him. When I saw

3 him, he was like in a coma. I spoke to him and I

4 saw movement, a little bit movement. And I told

5 her that I saw a little bit of movement in Al.

6 And she said, good. She said, let's go

7 and tell him that we made up so he can rest in

8 peace. And I started to go in to tell that to Al,

9 but I said no, she does not deserve to have her

10 conscious cleared with a lie, and I refused to do

11 it. I went back inside and he passed minutes

12 later.

13 Q. So basically you're saying --

14 A. I wondered how did it happen, here he

15 was in one place, assisted living or a nursing

16 home, all of sudden he's in hospice. There's got

17 to be a gap there, and that's what I'm trying to

18 figure out, what happened and I never knew.

19 MR. TORNINCASA: Again, objection.

20 Move to strike as nonresponsive to the

21 question.

22 MR. MARSHALL: No more questions in

23 this form. So I want to strike that because

24 it's not part of the question.

25 THE WITNESS: Okay.

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1 MR. TORNINCASA: Are you done,

2 Mr. Marshall?

3 MR. MARSHALL: I am done.

4 MR. TORNINCASA: Okay. I have a

5 redirect now for you, Mr. Levy.

6 THE WITNESS: What's a redirect mean?

7 MR. TORNINCASA: It means I get to ask

8 you questions again.

9 THE WITNESS: Okay.

10 REDIRECT EXAMINATION


12 Q. Is it true you do not like Lois Haymes?

13 A. Yes.

14 Q. That's the easiest question for you

15 today, isn't it?

16 A. Yes. The answer's, yes, I don't like

17 her.

18 Q. And you like Zylo Marshall?

19 A. I sympathize for his situation.

20 Q. Okay. You have no knowledge of any

21 conversation that occurred between Allan and any of

22 his estate planners?

23 A. No. Other than what Allan told me.

24 Q. Okay. What did Allan tell you about

25 those conversations?

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1 A. That Zylo will be well taken care of

2 and he was going to treat Zylo as if -- that part

3 is only what Allan told me. But the estate

4 planner, I don't know who he spoke to.

5 Q. You don't know what he told his estate

6 planners?

7 A. No.

8 Q. How many lawyers did Allan Haymes have

9 between the years 2000 and 2009 when he died?

10 A. How many?

11 Q. How many lawyers?

12 A. I have no idea.

13 Q. Okay. How many accountants did he work

14 with?

15 A. I think he had an accountant from New

16 York. I think he did. I'm not --

17 Q. Do you know of any other accountants,

18 or just the one?

19 A. I don't know.

20 Q. How many investment advisers did he

21 work with?

22 A. I don't know. At one time he was an

23 investment adviser, but I don't know. I didn't

24 know them and I didn't get involved in that part of

25 his finances.

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1 Q. Okay. Besides you and besides Zylo

2 Marshall, is there anyone who you can specifically

3 name who Lois Haymes prevented from seeing Allan

4 Haymes?

5 A. There was a neighbor, but I don't

6 remember his name.

7 Q. What's the neighbor's name?

8 A. I don't remember his name.

9 Q. Was it a neighbor at the Carlisle?

10 A. Yes, it was.

11 Q. Okay. They lived on the same floor or?

12 A. I don't know exactly where. I think --

13 I don't know exactly. But he had a few -- he had a

14 few friends down here, which eventually they were

15 never allowed to see him.

16 Q. Okay. And you believe -- and do you

17 know for a fact that Lois prevented these friends

18 from seeing him or are you speculating?

19 A. Am I speculating she didn't want me to

20 see him?

21 Q. No. These other people. Do you know

22 for a fact --

23 A. I wasn't there. I wasn't in the

24 conversation. But I know that they stopped seeing

25 him. I was the only one that was left, as far as

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1 Al told me. Maybe he did. Maybe he did see other

2 people. I don't know. As far as I know, she

3 did --

4 Q. Do you need to take that call?

5 A. It'll take me a minute.

6 MR. TORNINCASA: Off the record for a

7 second.

8 (Discussion off the record.)


10 Q. Mr. Levy, did you not just advise me

11 that your significant other, Frances [sic], you

12 don't believe that she's capable of testifying in

13 this case because -- is it fair to say you believe

14 that she's not capable of testifying in this case?

15 A. I'm going to say that it will do her

16 more damage. If maybe you wanted to put something

17 in writing or I don't know. I'll have to ask her.

18 I'll have to ask her.

19 Q. Sir, I'm still questioning you. I'm

20 going to have to ask you to put your phone away.

21 A. I'm trying to turn it off. I'm not

22 calling anybody. Go ahead.

23 Q. You testified during Mr. Marshall's

24 examination of you that Lois Haymes was badgering

25 Allan. What was Lois Haymes badgering Allan to do?

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1 A. What were the words that she told him

2 to do?

3 Q. What did she want him to do?

4 A. She wanted him not to see -- to stay

5 out of his life. And she badgered him for years.

6 Q. Besides --

7 A. That's badgering, right?

8 Q. Besides cutting you out of his life,

9 what else did she badger him to do?

10 A. I wasn't there, so I don't know

11 everything, but enough to have him call me

12 desperately three different occasions. What she

13 said to get him that way I don't know. But he

14 begged me to come get me out of here, get her away,

15 get her out of my life, I can't take it anymore.

16 That he told me.

17 Q. Do you know if Allan Haymes had a

18 medication routine or regimen?

19 A. I'm sure he did.

20 Q. Okay. And do you know if that routine

21 or regimen required scheduling?

22 A. What kind of scheduling? At

23 4:00 o'clock take a pill, at 6:00 o'clock, yeah, of

24 course. How else can you take medication?

25 Q. Okay.

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1 A. I don't know for sure, but I believe it

2 to be. That's the way it's done. I can't swear to

3 it.

4 Q. That's fine. Let me make sure I have

5 nothing further.

6 MR. MARSHALL: I have one more question

7 and then I'm done.

8 MR. TORNINCASA: I'm not done yet,

9 Mr. Marshall. You need to wait, sir.

10 MR. MARSHALL: Sure.

11 THE WITNESS: By the way, if you want

12 me to take a lie detector test to my

13 testimony, I'll be willing to do that.

14 MR. TORNINCASA: There's no question

15 pending. I'll move to strike that remark.

16 Thank you, though.


18 Q. Did you ever see -- is it not true you

19 never saw Lois threaten Allan?

20 A. In front of Allan?

21 Q. No, no. Threaten Allan.

22 A. When we came out of that room, she

23 threatened him that she didn't want him to see me

24 anymore; otherwise, he'll be sorry.

25 Q. And those were the words she used, if

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1 you keep seeing him, you'll be sorry?

2 A. Yeah, something like that. Those

3 words? I don't know if they were the words.

4 Q. What did she say?

5 A. Here's what happened. When I went in

6 that room trying to make up with her, we came

7 outside, and I said to him, I can't -- I tried to

8 reason with her and I can't, and that's when she

9 indicated to him, okay, that he'll be sorry if he

10 continues this.

11 Q. Any other threats?

12 A. In front of Al directly?

13 Q. Any other times that she threatened

14 Allan.

15 A. He was there when she threatened to

16 abandon him.

17 Q. Did she say that to him?

18 A. No. To me. He was there --

19 Q. I apologize. I interrupted you there.

20 You were saying that she threatened you, which is

21 not Allan, correct?

22 A. Right. Right.

23 Q. Then Allan -- I'm asking the question.

24 These are --

25 A. Threatened to abandon Allan.

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1 Q. These are things where you say right or

2 not right.

3 She threatened you that she would

4 abandon Allan.

5 A. That's right.

6 Q. And Allan was not there for it because

7 he was dancing?

8 A. Right.

9 Q. Okay. Are there any other threats --

10 first, move to strike because that was

11 nonresponsive to my question.

12 Are there any other threats from Lois

13 directly to Allan other than the one?

14 A. When we came out of the room.

15 Q. Other than that one, any other threats

16 you can --

17 A. No. One was at the dance. And now

18 that was the second one. There's two. When we

19 came out of room when she said, you'll be sorry.

20 That's a threat. I don't know if it is or not.

21 Q. Other than that threat --

22 A. Those two things stuck out in my mind

23 more than ever.

24 Q. -- is there any other threat besides

25 those two things?

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1 A. That in front of Allan that she did it,

2 not that I know right now.

3 Q. Thank you. Tell me everything that you

4 know for a fact that Lois Haymes caused Allan to

5 do?

6 A. Well, if Allan called me at 12:00

7 o'clock at night, that was a fact. The cause of

8 that telephone call was whatever Lois did to Allan

9 to cause him to do that. That's a fact. But who

10 knows what she said to him and what he said to her

11 or what transpired between them.

12 All I know is that he was desperate at

13 that time to call me -- enough to call me, come and

14 get me. Not once, not twice, but at least three,

15 four times.

16 Q. Besides those three or four calls --

17 A. No.

18 Q. -- anything else that Lois caused Allan

19 to do? Please let me finish my question --

20 A. Okay.

21 Q. -- before you answer it.

22 A. Go ahead. Ask the question.

23 Q. I just did, sir. Besides those four

24 calls, is there anything else that you contend Lois

25 caused Allan to do?

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1 A. A fact or contention or do I believe

2 it?

3 Q. Let's start with things that you know.

4 A. Facts?

5 Q. Yes, the facts.

6 A. I can't pinpoint facts. You want to

7 know what I believe, it's another story, but I

8 can't prove anything.

9 Q. Okay. Please tell me what you think

10 she caused Allan to do.

11 A. I think she caused Allan to give him --

12 give her power of attorney.

13 Q. When did she do that?

14 A. Whenever she did it. Whatever she did,

15 she got power of attorney. Okay? I think she did

16 that. When and how she did it, I can't say when.

17 That's one of the things that I think she did.

18 Q. Okay. What else do you think she did?

19 A. I think that after getting control of

20 whatever she wanted to control, she, by denying

21 Allan access to his friends, that was something she

22 did.

23 Q. What friends did she deny Allan access

24 to besides you, sir?

25 A. Besides me?

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1 Q. That you know of?

2 A. Evidently it had to be me or Florence

3 or my son or his neighbor or his friends. I was

4 the only one left, last man standing.

5 Q. Sir, you haven't named any of these

6 other people to be the last man standing. You've

7 only named yourself, your son and Florence, and

8 this nameless neighbor.

9 A. I guess that's true. And for whatever

10 friends he had. I didn't know all his friends, but

11 they stopped seeing him.

12 Q. I'm going to ask one more time. What

13 other friends are there that stopped seeing him?

14 You haven't Identified them, sir.

15 A. No, I don't. I can't identify them.

16 He told me. He's the one that told me. So I

17 didn't know all his friends. And I have a very bad

18 memory for the names.

19 Q. Besides the power of attorney, what

20 else do you know or believe -- tell me if you know

21 it or if you believe it that Lois caused Allan to

22 do?

23 A. Well, I believe, when he made his last

24 will, she must have been involved in some way

25 influencing him. That's what I believe. I wasn't

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1 there to see --

2 Q. But you don't know any way that she

3 could have been involved? You don't know for a

4 fact --

5 A. You just asked me what I believe, and

6 I'm telling you what I believe.

7 Q. And now I'm clarifying, and you only

8 believe this -- you have no facts that you can

9 point to to support that belief that say this is

10 what she did?

11 A. That's right. I have no facts.

12 Q. Okay. Do you believe that she also

13 caused him to do his will in 2008?

14 A. Do I believe?

15 Q. Yeah.

16 A. No. 2008 he said -- he -- well, first

17 of all, I don't know when he made those wills.

18 You're telling me he made those wills and I believe

19 you. I didn't see the wills.

20 When she exercised her power over him

21 to the point where the will all of a sudden made

22 her the main beneficiary or heir to all his money,

23 I don't know when she did it, but I believe she

24 did.

25 Can I ask you question?

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1 Q. No, sir, you cannot ask me a question.

2 I am going to show you a document. I'm

3 handing you what's previously been marked as

4 Defendant's Exhibit 13 during the deposition of

5 Zylo Marshall. This is a copy of the trust

6 agreement of Allan Haymes dated April 28th, 2008.

7 A. What about 2009?

8 Q. We already know what's in that will.

9 Zylo gets nothing.

10 A. We know that. So then I'm not

11 interested in that will because it's superseded by

12 the 2009, so that's dead. It doesn't matter. It's

13 irrelevant.

14 Q. And yet I still get to ask you a

15 question about it, sir.

16 In this document, Article 5, Zylo

17 receives $75,000, like I told you.

18 Do you believe that Lois Haymes caused

19 this to happen?

20 A. I don't know.

21 Q. You don't know. Okay.

22 A. All you know is that if you make a will

23 in 2009, that's the one that counts, not the one

24 that was done before.

25 Q. But your contention throughout this

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1 deposition has been that Lois Haymes has been

2 trying to get control and get power over Allan

3 Haymes for years; is that not correct?

4 A. His --

5 Q. You just she wanted to isolate him.

6 A. His later years when he was not that --

7 what's the word? -- alert.

8 Q. So is it your position that only the

9 2009 will was the product of Lois Haymes' control?

10 A. Again, I don't know anything about

11 that. I never saw that before.

12 Q. Oh, you're very free with your beliefs

13 otherwise, sir. Do you believe that this

14 April 28th, 2008, will is the product of Allan

15 Haymes or is the product of Lois Haymes?

16 A. I have no --

17 Q. Whose influence?

18 A. I have no opinion.

19 Q. You have no opinion, okay. Because you

20 know that it's an interesting situation, because if

21 this came from Allan, then clearly as late as

22 2008 --

23 A. You're not producing --

24 Q. We'll strike my prior question. I will

25 ask you not to interrupt me.

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1 A. Okay.

2 Q. Your belief. Was the 2008 trust here,

3 was this the product of Allan's free will or the

4 product of Lois's influence?

5 A. I have no answer to that. I don't

6 know.

7 Q. It's your belief, sir. What do you

8 believe?

9 A. I don't know. I never was -- see, I

10 just can't -- can't say anything about it because I

11 don't know.

12 Q. Okay. But you believe --

13 A. I wasn't aware of the will. I wasn't

14 aware of the will. I haven't seen the will. I

15 never saw. The first time you're showing it to me.

16 Q. Is that your whole answer or do you

17 have anything more to say?

18 A. Of that will, yeah.

19 Q. So despite your hours of testimony that

20 you believe that Lois was attempting to gain

21 control over Allan Haymes --

22 A. Yes.

23 Q. -- for purposes of April 2008, where

24 there's a $75,000 bequest to Zylo Marshall and

25 that's it, you don't know if Lois caused that to

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1 happen or if Allan wanted that to happen. That's

2 your testimony, you have no belief either way,

3 despite the fact that during this period of time,

4 you strongly believed that Lois was trying to

5 assert control over Allan Haymes.

6 A. She did it in stages. That was stage

7 two maybe.

8 Q. This was stage two. Okay.

9 A. I believe that.

10 Q. So it's your belief that there was a

11 conspiracy to gradually --

12 A. Yes. Cause Lois to gradually take

13 control over Allan's life.

14 And you never brought up what's in

15 stage three, because that's not the -- you don't

16 want me to know all that and you don't care to tell

17 me about it. As far as I know, my belief is stage

18 three was taking over the whole -- being

19 administrator of his whole estate. That's stage

20 three. That may be stage three. She did it in

21 stages.

22 Q. Okay. How did she do it in stages?

23 A. That's stage two. The first one, I

24 don't know what it was. She said, dad, I've got to

25 take care of you, whatever it is, I need money to

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1 do this, and I need to sign checks, whatever it

2 was.

3 Q. Do you know what lawyer prepared this

4 document?

5 A. No. What's his name?

6 Q. His name is Seth Ellis.

7 Who prepared the next document?

8 A. Seth Ellis, I remember the name. I

9 remember the name Seth, absolutely. Yes. There

10 was something -- my memory correct, there was

11 something that he was --

12 Q. I'm listening.

13 A. -- skullduggery going on, why she

14 dropped Seth Ellis and went to another lawyer. I

15 don't know what it was now. Because he didn't -- I

16 don't think he drew up the last will.

17 But the name Seth Ellis, he's in Palm

18 Beach. I remember speaking to him, and I forget

19 what it was all about, but I know there was

20 something smelled like fish.

21 Q. Something smelled like fish?

22 A. Yes. I don't remember what it was.

23 Q. Can you provide some specifics or are

24 you just going to keep proffering innuendoes, sir?

25 A. I just remember the name Seth Ellis. I

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1 remember his -- he was -- there was something

2 there. I don't know exactly what it was now, but

3 there was something there.

4 MR. MARSHALL: Object.

5 THE WITNESS: He didn't stay -- I don't

6 think he continued to be the lawyer. They --

7 she got a new lawyer.


9 Q. There was a new lawyer, and the lawyer

10 was Craig Donoff, who prepared the 2009 will.

11 A. Okay. She dropped Seth Ellis for a

12 reason. What the reason was, I don't know. But in

13 my opinion, that's where something smells like

14 yesterday's fish, but I don't remember what it was.

15 My memory is not that good.

16 Q. Do you have any facts to support the

17 innuendoes you are proffering here?

18 A. Do I have any facts what?

19 Q. Do you have any facts to support what

20 you're saying?

21 A. About Seth Ellis?

22 Q. Yes.

23 A. Yeah. I'm giving you my testimony, and

24 that's -- I spoke to him. There was something

25 there. I don't remember what it was. But the fact

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1 is there was something fishy about it. That's all

2 I can tell you. I don't remember. I wish I did.

3 But there was some big question mark and she

4 changed lawyers.

5 Q. Do you know what kind of fees -- well

6 you say "she" changed lawyers?

7 A. Yes.

8 Q. Is it your testimony that Lois Haymes

9 caused --

10 A. I believe that she was at that time

11 influencing enough over Allan to have him do

12 whatever she wanted at that time. That's my

13 belief.

14 Q. And what facts support that belief,

15 sir?

16 A. Because something happened, or there

17 was something that happened that he did or

18 whatever. I don't remember.

19 Q. What is that "something," sir?

20 A. I don't know. It's a belief. I said

21 it's not a fact.

22 Q. That's why I'm asking you, what facts

23 caused these beliefs, besides the fact that you

24 don't like Lois Haymes?

25 A. No. The fact is that he changed --

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1 they changed lawyers. That is fact.

2 Q. And could it have been the fees?

3 A. I don't know whether it was the fees.

4 I don't think it was the fees. I doubt if it was

5 the fees. Because -- well, the amount of money

6 involved in here, I think a lot of it goes to the

7 last lawyer, not the first lawyer. That's my

8 opinion. I don't know.

9 Q. Okay. So you have no facts; you're

10 just hypothesizing here.

11 MR. MARSHALL: That's his opinion, not

12 belief. He has a right to his opinion. You

13 asked for his opinion because he didn't have

14 facts, so you asked him for his opinion. So,

15 therefore, he gave an opinion.

16 MR. TORNINCASA: Yes. And now I just

17 want to confirm that -- because these are

18 stated as if these are facts, and I want to

19 confirm these are all opinions that he's

20 expressing.

21 THE WITNESS: I may remember it, Zylo.

22 Right now I don't. But I remember writing

23 his name down and finding him, and there was

24 something there that was -- I don't remember

25 what it was.

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2 Q. So let's come back to the 2008 trust

3 that I showed you a minute ago. What is it going

4 to take for you to have an opinion whether or not

5 that was Allan or Lois that caused that trust to be

6 prepared?

7 A. The second or first one?

8 Q. The 2008 one.

9 A. What is it going to cause me to believe

10 it?

11 Q. Yeah. You said you don't have an

12 opinion. What is it going to take for you to form

13 an opinion?

14 A. I would imagine Lois probably

15 influenced him to give the $75,000. I would

16 imagine. Why? Because it's a pittance and just,

17 you know, just to get rid of him.

18 (Whereupon, recess taken at

19 6:00 o'clock.)


21 Q. I'm going to read to you something from

22 the December 21st, 2007, trust.

23 A. 2007?

24 Q. 2007. "Trustee shall distribute the

25 sum of $15,000 on or before December 31st of each

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1 year to Zylo Marshall, a/k/a Brian Haymes Marshall.

2 Said payment shall commence in the calendar year

3 following the death of the grantor, being Allan

4 Haymes, and shall continue for a period of five

5 years."

6 Was that Lois's influence or was that

7 Allan?

8 A. I have no opinion.

9 Q. Okay. Do you have any facts to support

10 that any of the trusts that were prepared for Allan

11 Haymes by his various lawyers are the product of

12 anything other than Allan Haymes' will?

13 A. Facts?

14 Q. Yes.

15 A. No.

16 MR. TORNINCASA: Nothing further.

17 RECROSS EXAMINATION

18 BY MR. MARSHALL:

19 Q. Jack?

20 A. Yeah.

21 Q. Was Allan Haymes frightened or scared

22 of Zylo Marshall?

23 A. No.


25 MR. MARSHALL: All right. That's it.

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1 MR. TORNINCASA: We'll order. I'll

2 take a mini and original, copies of exhibits.

3 MR. MARSHALL: I want a copy too. I

4 want to find out the contents of the whole

5 thing.

6 MR. TORNINCASA: Are you ordering this

7 or are you asking them to tell you what it

8 will cost?

9 MR. MARSHALL: I want today's

10 deposition from this morning until now. I do

11 want a copy, yes.

12 (Whereupon, the deposition was concluded at

13 6:00 p.m.)

14 EXCEPT FOR ANY CORRECTIONS

15 MADE ON THE ERRATA SHEET BY

16 ME, I CERTIFY THIS IS A TRUE

17 AND ACCURATE TRANSCRIPT,

18 FURTHER DEPONENT SAYETH NOT.

19

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1 CERTIFICATE OF OATH

2

3 STATE OF FLORIDA )

4 SS:

5 COUNTY OF BROWARD )

6

7

8 I, DEBRA PETRACCA, Shorthand Reporter, Notary Public,

9 State of Florida, certify that Jack Levy

10 personally appeared before me on January 31, 2014 and was

11 duly sworn.

12 Signed this 10th day of February, 2014.

13

14

15

16 ____________________________________

17 DEBRA PETRACCA, Shorthand Reporter Notary Public, State of Florida

18 My Commission: EE 132681 Expires: 09/22/2015

19

20

21

22

23

24

25

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1 ERRATA SHEET

2 DO NOT WRITE ON THE TRANSCRIPT - ENTER CHANGES ON THIS PAGE.

3 IN RE: Estate of Allan Haymes Jack Levy

4 January 31, 2014 U.S. Legal Job No. 1104726

5 ______________________________________________________PAGE NO. LINE NO. CHANGE REASON

6 ______________________________________________________

7 ______________________________________________________

8 ______________________________________________________

9 ______________________________________________________

10 ______________________________________________________

11 ______________________________________________________

12 ______________________________________________________

13 ______________________________________________________

14 ______________________________________________________

15 ______________________________________________________

16 ______________________________________________________

17 ______________________________________________________

18 ______________________________________________________

19 Under penalties of perjury, I declare that I have read

20 the foregoing document and that the facts stated in it are

21 true.

22 _____________________ _____________________________

23 Date Jack Levy

24

25

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1 CERTIFICATE OF REPORTER

2 STATE OF FLORIDA )

3 SS:

4 COUNTY OF BROWARD )

5 I, DEBRA L. PETRACCA, Shorthand Reporter,

6 do hereby certify that I was authorized to and did

7 stenographically report the foregoing proceedings pages 1

8 through 325, is a true record of my stenographic notes.

9 I FURTHER CERTIFY that I am not a relative,

10 employee, or attorney, or counsel of any of the parties'

11 attorneys nor am I a relative or employee of any of the

12 parties' attorney or counsel connected with the action, nor

13 am I financially interested in the action

14 DATED this 10th day of February, 2014, in Broward

15 County, Florida.

16

17 ______________________________ Debra L. Petracca

18 My commission expires 09/22/2015 Commission # EE 132681

19

20

21

22

23

24

25

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1 WITNESS NOTIFICATION LETTER

2 February 12, 2014

3 Mr. Jack Levy1201 South Ocean Drive,

4 Apt. 1003,Hollywood, Florida 33019

5

6 In Re: In Re: Estate of Allan Haymes Deposition of Jack Levy

7 U.S. Legal Support Job No: 1104726

8 The transcript of the above proceeding is now available foryour review.

9

Please call to schedule an appointment between the hours of10 9:00a.m. and 4:00 p.m., Monday through Friday, at a U.S.

Legal Support office located nearest you.11

12 Please complete your review within 30 days.

13 Sincerely,

14

15 _________________________

16 Debra PetraccaU.S. Legal Support

17 515 East Las Olas BoulevardThird Floor

18 Fort Lauderdale, Florida(954) 463-2933

19

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A

$13 297:13,25$15,000 323:25$75,000 315:17317:24 323:15

a/k/a 324:1abandon 260:4279:20 281:20,23283:15 284:12309:16,25 310:4

ability 291:9able 266:19 269:9276:4 280:23286:15,23,24,25287:4 291:10294:12,22

absolutely 280:21289:23 319:9

abuse 261:21,22abusive 269:18,25accept 263:22acceptable 263:13access 312:21,23accountant 304:15accountants 304:13304:17

ACCURATE 325:17accuse 276:5acting 269:17,25action 328:12,13administrator318:19

admit 299:25 300:2advantage 278:1advise 306:10adviser 304:23advisers 304:20afraid 260:19272:8,15 275:4295:19

afternoon 265:20283:21

agenda 290:5ago 323:3agreement 315:6ahead 265:16269:12 275:16277:17 306:22311:22

Al 280:13 285:7293:12 297:19301:22 302:1,5,8306:1 309:12

Al's 301:18alert 316:7alive 268:5 292:16292:23

Allan 253:5,12,13255:6,12,13256:1,5,17257:19 259:3,13259:16,18 260:4260:5,8,14,14,16261:10 262:1264:3,4,12,13266:11,18 267:3267:10,17,21268:2,11,17,25269:18 270:1,14270:16 271:17272:7,14 273:25274:24,24 280:7283:4,9 285:1,22286:15,23 287:17287:23 288:6289:20 290:9,10291:5 292:21293:5 294:8,14297:11 298:12,16298:23 300:3303:21,23,24304:3,8 305:3306:25,25 307:17308:19,20,21309:14,21,23,25310:4,6,13 311:1311:4,6,8,18,25312:10,11,21,23313:21 315:6316:2,14,21317:21 318:1,5321:11 323:5324:3,7,10,12,21327:3 329:6

Allan's 281:20283:24 317:3318:13

allow 264:12allowed 269:6270:21,23 277:12277:14,15 284:25305:15

ambiguous 264:20amount 322:5annoyed 268:8answer 255:18,18255:22,23,24256:14 257:16260:6 261:13262:9 263:1,13263:21,22 265:6271:8,12,15272:18,20,22285:20 291:7

299:1 301:13,17311:21 317:5,16

answer's 258:12303:16

answered 262:12263:5 276:16296:19

answering 262:8266:1,6 271:1275:12

answers 263:19288:22 289:7

anybody 293:20306:22

anymore 293:16307:15 308:24

apologize 309:19apparently 278:1APPEARANCES 254:2appeared 326:10APPEARING 254:3appointment 329:9apprehensive 283:8283:12

appropriate 265:17271:1

Approximately284:14

April 315:6 316:14317:23

Apt 254:4 329:4arguing 276:4arguments 267:3arrived 281:7Article 315:16asked 262:14 266:2266:7 270:17271:18 275:6277:7,9,25 278:8296:3,4,17,18300:25 301:6314:5 322:13,14

asking 255:9275:11 279:6,8279:10 309:23321:22 325:7

asks 270:24assert 318:5asserting 259:25assist 269:1270:17 271:18

assisted 302:15associated 298:12assume 293:15assumed 292:16Atlantic 254:4attack 282:20,22

attempted 256:7attempting 317:20attorney 270:25271:2 280:15292:6 312:12,15313:19 328:10,12

attorneys 328:11authorized 328:6available 329:8Avenue 254:4297:12,22,22298:7,10,13

aware 256:17257:18 317:13,14

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baby 291:1back 255:8 300:18302:11 323:2

bad 313:17badger 307:9badgered 307:5badgering 295:10306:24,25 307:7

baggage 294:20ballroom 282:17basically 302:13Beach 253:2 254:5319:18

bed 301:20begged 307:14beginning 292:14299:14

BEHALF 254:3,6behavior 283:17292:11,15

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question 255:9,14255:17,19 256:10256:14 257:17258:24 264:1,7264:20 270:24271:4,5,9,11272:11,19,21277:4 278:8289:5 291:7295:7 296:15300:21,23 301:4301:6,14 302:21302:24 303:14308:6,14 309:23310:11 311:19,22314:25 315:1,15316:24 321:3

questioning 260:2306:19

questions 262:9263:1,4,21265:13,16 266:2266:7 275:6,12277:25 279:6,8279:11 280:25

288:21,25 289:1302:22 303:8

quit 296:25

R

ran 302:2random 278:9,11Raton 254:8read 255:8 323:21327:19

reading 277:21288:19 289:7,11289:13,13

ready 261:14real 297:18really 299:8reason 269:13276:22 291:22294:13,21 296:11309:8 320:12,12327:5

recall 261:12received 292:11,14receives 315:17recess 323:18record 263:17277:16,22 288:18289:8 306:6,8328:8

RECROSS 254:11324:17

redirect 254:11303:5,6,10

references 263:18referring 264:5refused 302:10refusing 263:21regimen 307:18,21relation 279:7,9280:7

relationship 274:7274:11,18 283:8

relative 299:6328:9,11

remark 308:15remember 255:3263:9 264:2,8,9266:25 267:11,14267:15 282:15289:15,16 298:8298:8 299:20305:6,8 319:8,9319:18,22,25320:1,14,25321:2,18 322:21322:22,24

remembered 299:15

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remind 289:12reminded 275:25repeat 259:9264:11 272:11

repeatedly 263:14report 328:7Reporter 326:8,17328:1,5

Representative253:11,12

representing265:22

required 307:21RESPONDENT 254:6RESPONDENT'S254:16

Respondents 253:14response 256:13responsive 263:19277:4,24

rest 302:7restrictions 285:3285:7

restrictive 287:15result 280:12288:22

results 292:2,4retirement 284:24296:2,16

review 265:12329:8,12

rid 323:17right 258:18 261:6262:1 263:23265:20 279:12,13281:17 286:10291:1,2 294:24300:16 307:7309:22,22 310:1310:2,5,8 311:2314:11 322:12,22324:25

role 293:15room 260:21 286:8286:9 301:21,21308:22 309:6310:14,19

rooms 301:22routine 307:18,20rude 291:4,14rules 286:6

S

satisfied 261:6saw 259:24 261:2,3275:24 276:15301:19 302:2,4,5

308:19 316:11317:15

SAYETH 325:18saying 259:3261:16 263:14,23264:9,10 276:17286:15 288:23289:2 298:22302:13 309:20320:20

says 271:5 272:18276:4 297:21298:1

scared 289:20295:18 324:21

scaring 280:14schedule 329:9scheduling 307:21307:22

scold 282:25scope 278:7se 254:4 265:23second 288:15296:5 306:7310:18 323:7

see 272:7,12,14,24273:25 274:24281:3 283:4,6284:22,22,25285:7,22 286:3286:16 287:1,6287:14,23 289:10296:9 302:1,2305:15,20 306:1307:4 308:18,23314:1,19 317:9

seeing 264:4,13279:21 283:5295:12 305:3,18305:24 309:1313:11,13

seen 317:14seizures 291:3,10294:20

separate 301:22serious 290:23,24Seth 319:6,8,9,14319:17,25 320:11320:21

settled 276:14share 297:13she'd 287:7she'll 260:4SHEET 325:15 327:1SHENDELL 254:7Shorthand 326:8,17328:5

show 315:2showed 323:3showing 317:15shut 260:18 261:19sic 306:11sick 262:23 297:15302:2

side 297:23sign 295:15 319:1signed 295:21326:12

significant 306:11signing 295:14Sincerely 329:13sir 255:9 256:13257:13,19 258:14258:24 259:9,22260:7 261:11263:1,12 264:1264:18 270:24271:7 277:11278:5 300:21306:19 308:9311:23 312:24313:5,14 315:1315:15 316:13317:7 319:24321:15,19

sister 276:12sitting 297:16situation 287:22293:6 297:8303:19 316:20

six 263:5skullduggery319:13

slowly 258:20smart 261:15smelled 319:20,21smells 320:13son 260:24 285:13285:17,21 286:9287:2 297:17,23313:3,7

soon 262:23 279:24sorry 308:24 309:1309:9 310:19

sort 271:8South 329:3speaking 262:18277:11 319:18

specific 257:20259:22 260:13,15262:20 263:9

specifically 305:2specifics 263:10319:23

speculating 305:18305:19

speculation 269:4270:20 273:5280:10 297:2

spoke 258:8 302:3304:4 320:24

spur 285:24SS 326:4 328:3St 286:2stage 318:6,8,15318:17,19,20,23

stages 318:6,21,22stand 260:21standing 313:4,6start 263:6 312:3started 258:19259:20 260:20281:7 302:8

State 253:22 326:3326:9,17 328:2

stated 255:25275:18 281:6282:16 283:7284:11,23 285:12287:16 290:22291:17 293:4297:11 322:18327:20

statement 278:7279:9 288:19

statements 279:7stay 260:3 266:21279:23 281:24283:15 287:8307:4 320:5

stayed 270:7stenographic 328:8stenographically328:7

stop 283:5 295:11stopped 260:19285:22 305:24313:11,13

stops 260:22storming 286:7story 263:15 312:7street 298:6,9strike 256:9,13258:21 259:11260:7 262:5,7263:18,23 265:9277:2 278:14,17278:20 288:21290:19,20 292:8294:4 295:5296:13 297:1

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299:1 300:20301:10 302:20,23308:15 310:10316:24

strongly 269:8318:4

stuck 310:22subpoena 254:17277:21

succeeded 256:8,11successfully 257:7257:10

sudden 302:16314:21

suddenness 301:18suggested 269:8Suggesting 299:1Suite 253:17sum 323:25superseded 315:11support 314:9320:16,19 321:14324:9 329:7,10329:16

supposed 261:25sure 257:3 296:24299:20 307:19308:1,4,10

swear 276:20 308:2sworn 326:11sympathize 303:19

T

take 263:24 269:7269:14 284:12291:20 293:16294:1,17 295:11299:8 306:4,5307:15,23,24308:12 318:12,25323:4,12 325:2

taken 253:22291:19 292:17,25293:2 304:1323:18

talk 273:20talking 257:15260:19 263:2276:1 297:16

tecum 254:17teenager 272:6telephone 311:8TELEPHONICALLY254:3

tell 255:2 258:5,6261:13 263:15265:9 268:1

273:9 276:2278:21 283:11302:7,8 303:24311:3 312:9313:20 318:16321:2 325:7

telling 259:21260:3,20 264:22314:6,18

tells 283:4Ten 256:24terrific 260:7test 308:12testified 306:23testify 263:20testifying 306:12306:14

testimony 255:6,11255:15 257:6308:13 317:19318:2 320:23321:8

thank 259:17262:18 308:16311:3

thing 262:2,22280:15 285:9287:6 299:18300:25 325:5

things 263:10276:2 289:15295:1,12 310:1310:22,25 312:3312:17

think 262:3,9,10268:13,25 270:16271:17,23 273:2273:24,25 274:6279:2,3 280:6,18280:23 282:13284:9 287:18290:10,16 291:22292:10 293:12294:7,13,17,21296:5,5 299:11301:24,25 304:15304:16 305:12312:9,11,15,17312:18,19 319:16320:6 322:4,6

Third 329:17thought 293:17296:8

threat 310:20,21310:24

threaten 268:23308:19,21

threatened 268:17268:20 279:20283:14 308:23309:13,15,20,25310:3

threats 309:11310:9,12,15

three 256:23284:19 288:25307:12 311:14,16318:15,18,20,20

throw 287:11tightening 258:20time 255:19,22256:4,6 257:18257:21,22 259:1259:23 260:12261:1 262:15263:5,7,7,8,8265:17 267:11269:20 270:9271:2 272:22278:23 280:4,5285:6 286:23290:1 301:19,19304:22 311:13313:12 317:15318:3 321:10,12

times 255:20 261:1262:15,16,20284:14,17,19285:2 309:13311:15

today 272:23303:15

today's 325:9told 258:8,9,10259:7,8 263:12266:18 268:2276:10 283:3286:8 287:21,24289:17 292:17297:3 298:7300:1 302:4303:23 304:3,5306:1 307:1,16313:16,16 315:17

tomorrow 272:23TORNINCASA 254:7255:5 262:17,25265:15 266:8267:24 268:4,14269:3,19 270:19270:23 271:7,12271:14,20 272:1272:9,16,20273:4,13 274:2,9

274:14,21 275:4275:22 277:2,7277:10,14,18,24278:4,13 279:18280:9,20 281:13282:3 283:19284:7 285:4,16285:19 286:17287:19 288:2,10288:14,17 289:4289:22 290:12,19291:24 292:8,12293:13,24 294:4294:9,15 295:4295:16,23 296:13296:18 297:1,6298:20,25 299:13299:23 300:10,14300:20 301:3,9301:13 302:19303:1,4,7,11306:6,9 308:8,14308:17 320:8322:16 323:1,20324:16,24 325:1325:6

tougher 290:7,7Trail 254:8transcript 275:2325:17 327:2329:8

transpired 311:11treat 291:21 304:2tried 256:11 259:8290:5 309:7

true 264:16,20276:6,8,14,16278:21 303:12308:18 313:9325:16 327:21328:8

trust 299:22 300:5300:8,13 315:5317:2 323:2,5,22

Trustee 323:24trusts 324:10truth 262:4 273:18276:18,21 294:16

try 278:23 282:20282:25

trying 260:5 281:7282:1,9,11283:22 287:20294:25 295:2,3295:11 302:17306:21 309:6316:2 318:4

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Tuesday 287:7tune 286:21turn 275:17 306:21Twenty 256:24twice 311:14two 256:23 257:21284:19 298:11301:22 310:18,22310:25 318:7,8318:23

U

U.S 253:16 327:4329:7,10,16

Uh-huh 257:24ulcer 262:21understand 261:16261:17,18,20,20261:23,24 262:2277:8 286:25291:8

understanding291:18,19

unresponsive258:22 259:12262:6

update 254:17upset 267:7,9,10267:16,17,20

upsetting 267:18

V

various 324:11varying 259:20Verbally 258:4verbatim 289:12,14vindictive 279:3visit 270:3,10301:23

VOLUME 253:25vs 253:10

W

wait 281:10,10308:9

walk 275:20walks 260:21want 255:23 256:10259:6,21,22,23259:23 262:4263:10 265:8,16275:23 283:4,23287:25 289:5295:1,13,15297:8,20 299:4299:10,17 301:1301:7 302:23

305:19 307:3308:11,23 312:6318:16 322:17,18325:3,4,9,11

wanted 279:23280:13 293:12,14293:16,23 300:24306:16 307:4312:20 316:5318:1 321:12

wants 283:24284:22 292:1301:11

warm 263:6wasn't 258:7,11272:23 283:20297:15 305:23,23307:10 313:25317:13,13

way 262:13 264:23264:24 271:1,13281:2 286:2287:13,14 292:17293:8 297:8307:13 308:2,11313:24 314:2318:2

We'll 316:24 325:1we're 262:10,13265:10 275:25279:10

we've 260:13week 281:6well-being 284:6went 257:25 260:25261:19 272:24278:23 279:25285:6,24 287:1292:4,5 296:6301:23 302:11309:5 319:14

weren't 269:6284:25

west 254:4 297:22297:23

wife 269:1willing 308:13wills 314:17,18,19wish 321:2wishes 292:24witness 254:11255:2 262:21266:9 268:5269:5,20 270:21271:4,10,13,21272:11,17,21273:6,14 274:3

274:15 275:5,23277:6,9,12,17,23278:3,11,16,20279:19 280:11,21281:14 282:4283:20 284:8285:5,17,21286:18 287:20288:16 289:11,23290:13,20 291:25292:13 293:14,25294:10,16 295:6295:17,24 296:20297:3,7 299:2,3299:14,24 300:11300:15,18,22301:11 302:25303:6,9 308:11320:5 322:21329:1

witnessed 260:23260:24,24,25

woman 297:3wondered 302:14word 316:7words 307:1 308:25309:3,3

work 304:13,21works 281:2worry 291:21292:25

worse 272:25,25273:11,12,21290:3,3

worst 275:18,21worth 297:13 298:1wouldn't 290:6291:9 294:3

WRITE 327:2writing 264:2,9306:17 322:22

written 277:19288:19 289:2

wrong 268:8 297:9wrote 264:24,25265:1,2,11

X

Y

yeah 258:16,25275:11,14 277:23282:19 284:13298:1 307:23309:2 314:15317:18 320:23323:11 324:20

year 256:23 324:1324:2

years 256:18,19,20256:21,23,23,24256:24,24 257:5258:17 260:11263:5,6,11266:13,13,15267:1 268:11273:11,19,19,20273:23,25 274:4274:16 280:2285:2,5 289:25290:2,3,10291:11 304:9307:5 316:3,6324:5

yes-or-no 255:14255:17 264:7

yesterday's 320:14York 297:12 298:13304:16

Z

Zylo 253:8 254:4262:1 265:13,21265:25 266:5,7266:14,17,20,24267:1,6,15 268:2268:12,16,19,22269:2,17,24270:4,10,17,18271:18,18 274:7274:11 282:8290:23 291:14,23292:10,22 294:6294:13 300:8303:18 304:1,2305:1 315:5,9,16317:24 322:21324:1,22

0

09/22/2015 326:18328:18

1

1 275:17 297:11328:7

10 284:18 294:251003 329:4103 254:13109 254:1710th 297:22 298:9326:12 328:14

1104726 327:4329:7

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11th 297:12,22298:5,7,9,13

12 293:4 329:212:00 311:612:30 253:191201 329:313 315:4132681 326:18328:18

14 297:1115 284:18 287:8,11287:14

154 254:415TH 253:116 281:3,3,619 298:2

2

20 260:12000 304:92003 267:2,7269:22

2005 267:13 269:2279:14,17 282:16

2007 270:3 323:22323:23,24

2008 314:13,16315:6 316:14,22317:2,23 323:2,8

2009 304:9 315:7315:12,23 316:9320:10

2014 253:18 326:10326:12 327:4328:14 329:2

21 283:721st 323:2222 263:8 284:2324 290:2226 285:12265 254:142700 254:828th 315:6 316:14

3

3 291:173:00 287:8,1130 329:12303 254:1331 253:18 326:10327:4

31st 323:25320 253:17324 254:14325 328:833 287:1633019 329:4

33431 254:833444 254:53440 253:17

4

4 254:174:00 287:8,11307:23 329:10

40 287:13,13402 254:440s 298:7,10463-2933 329:1846th 298:5

5

5 281:5 294:25315:16

50 266:1350s 298:10515 329:17

6

6 275:17 281:5,6283:7

6:00 307:23 323:19325:13

60 266:13,1366 263:7

7

7 281:5 284:11,11284:23

8

8 290:22 291:1780s 266:23,24267:1

9

9 293:49:00a.m 329:10954 329:18

jack levy's deposition (part 2)

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