20 Q. Well, let me suggest to you, sir,
21 that they are.
22 A. Well, you could suggest it.
23 Q. Well, don't you think that before
24 you put your professional reputation on the line
25 that you might want to look over and say, you
00074
1 know, there are some allegations that there are
2 some photographs out there that show by scale,
3 taken by the coroner, the distance apart of
4 these marks and before --
5 A. But I don't know that.
6 Q. Excuse me, I am not through. Excuse
7 me.
8 You heard it. It was alleged.
9 Don't you think you might have wanted to say
10 maybe I should see those before I go into
11 federal court in Atlanta, Georgia with a Rule 26
12 affidavit giving an opinion that there is no way
13 these are stun gun marks?
14 A. No, I don't.
15 Q. You don't need that kind of
16 information; do you?
17 A. It would be nice if it were
18 available and it were provable and reliable.
19 Q. You relied on solely photographs in
20 the case in North Carolina, and you denied
21 relying in any part on the autopsy photograph --
22 I mean the autopsy report; didn't you, sir?
23 A. And there was an impeccable chain of
24 custody in those photographs --
25 Q. Hello. There is an impeccable chain
00075
1 of custody that exists with respect to the crime
2 scene photographs and the autopsy photographs of
3 JonBenet Ramsey. And if you really do monitor
4 the internet, sir, check it out. Lou Smit, as
5 acknowledged by the Boulder District Attorney's
6 office, had on his CD-ROM PowerPoint presentation
7 that you claim you had comprehensively reviewed
8 in your Rule 26 report --
9 A. No, I didn't say comprehensive.
10 Q. Excuse me.
11 -- he has those photographs
12 authenticated as the crime scene and autopsy
13 photographs by the Boulder District Attorney's
14 office.
15 So Lou Smit, you will concede, has
16 got one heck of a lot better photograph of
17 JonBenet Ramsey than anything you've ever looked
18 at on the internet or these monochrome
19 photographs that you claim to have relied on in
20 this case. Can we agree on that, sir?
21 A. No, I won't agree to it. I have --
22 you may say that, but I have no way of proving
23 that.
24 Q. Why don't you go read the record
25 that was filed in the courthouse in Boulder
00076
1 County?
2 A. Well, I will be happy to.
3 Q. It seems to me, sir, that there is
4 an awful lot you don't know about this case.
5 Could you concede that at least?
6 A. I think there is an awful lot about
7 this that most people don't know, including you.
8 Q. I am not asking you about most
9 people because most people -- excuse me. Most
10 people didn't come into federal court and sign a
11 Rule 26 affidavit. You did.
12 A. All right.
13 Q. And I am asking you, will you
14 concede that there is apparently an awful lot
15 that you do not know about this case and what
16 happened to this little girl?
17 A. No, I won't concede that.
18 Q. So you got it all?
19 A. I have no reason to.
20 Q. You've got it all?
21 A. No, I did not say I have it all.
22 You said I have it all.
23 Q. What efforts have you ever made to
24 try to get the crime scene photographs?
25 A. Well, one of the efforts that I made
00077
1 was to make a special trip to New York City to
2 try to find out whether or not --
3 Q. To go up with NBC for Mr. Tuttle?
4 A. Mr. Tuttle had nothing to do with
5 it.
6 Q. Mr. Tuttle knew where you were. Mr.
7 Tuttle is with Air TASER. And you know that
8 Mr. Tuttle -- you know this, sir.
9 A. Well, you are telling me now for the
10 first time.
11 Q. Excuse me.
12 A. Thanks very much.
13 Q. You know --
14 A. I appreciate that.
15 Q. You know -- if we have time, we
16 will see whether we do or not, I'm going to
17 tell you a lot of things you apparently don't
18 know.
19 A. Okay.
20 Q. But I'm going to tell you one thing
21 that I think you do know. Bill Tuttle does
22 not want his Air TASER stun gun associated with
23 the murder of JonBenet Ramsey. It is just not
24 good public relations. And you know that for a
25 fact; don't you, sir?
00078
1 A. No, I don't know that. We have not
2 discussed that. I don't any -- that is your
3 invention, not mine.
4 Q. How do you know it is my invention?
5 A. Well, you just stated it.
6 Q. How do you know where I get it
7 from? I mean, so far I haven't been inventing
8 anything when I come up here and start showing
9 you your sworn testimony, which we will go back
10 to, where you said that there is not a coroner
11 or medical examiner in the country that is
12 capable of identifying a stun gun mark, that you
13 are the only one.
14 A. Oh, well, you show me where I said
15 that.
16 Q. Sit tight.
17 Page 1109 of your sworn testimony,
18 recross-examination by Mr. Belser.
19 Question: Doctor, you are saying
20 that no forensic pathologist anywhere in this
21 country who did the autopsies for the state and
22 the crime labs and the prosecutor, none of these
23 people have enough expertise like you to
24 recognize a stun gun mark?
25 Answer: They didn't.
00079
1 Question: And you are the only
2 expert that can do that, not the doctors who
3 look at the bodies, but you with your
4 transformations on the photograph; is that what
5 you are telling the jury?
6 Answer: I think that's correct,
7 yes.
8 A. Well, in that case it was correct,
9 yeah. The autopsy --
10 Q. Did you testify to that, sir?
11 A. Yes, I did.
12 MR. WOOD: We are going to take
13 that recess, Darnay? But I have one question.
14 I want to make this clear, if I could.
15 MR. HOFFMAN: We can make the recess
16 and then when you come back, I'm going to talk
17 on the record.
18 MR. WOOD: Let me just ask this
19 doctor one question.
20 MR. HOFFMAN: Yes.
21 Q. (By Mr. Wood) And I really, Doctor,
22 could care less what you base this on. It can
23 be your trip to NBC. It can be your
24 monitoring of the internet. It can be your
25 monochrome photographs. For all I care, it can
00080
1 be based on the Stratbucker Children's Trust.
2 Are you accusing my client Patsy
3 Ramsey or my client John Ramsey of criminal
4 involvement in the murder of their daughter
5 JonBenet? I want you to answer that question
6 for me under oath.
7 A. Accusing them?
8 Q. Yes, sir.
9 A. No.
10 Q. You don't have the slightest idea
11 how this child died; do you?
12 A. Probably as good an idea as anybody
13 else, which is not very much.
14 Q. Why did you choose professionally,
15 for free, pro bono, to team yourself up with
16 Chris Wolf in a lawsuit that says that my
17 client murdered her daughter?
18 A. Well --
19 Q. Pro bono.
20 A. Yeah, pro bono is correct, yes.
21 Q. You bet.
22 I don't even need an answer to that
23 question. We'll take a recess.
24 THE VIDEOGRAPHER: Counsel, we are
25 off the record at 12:27 p.m..
00081
1 (A recess was taken.)
2 THE VIDEOGRAPHER: Counsel, we are
3 back on the record at 12:47 p.m.
4 MR. HOFFMAN: Thank you very much.
5 I am going to address this, of course, to Lin
6 Wood and to Jim Rawls because they represent the
7 counsel for John and Patsy Ramsey. And I
8 certainly acknowledge Mr. Bauer's important role
9 in the case.
10 Let me take an opportunity to --
11 MR. WOOD: Hey, Darnay, don't --
12 MR. HOFFMAN: -- due to the
13 testimony of the deposition today and to
14 consider not only the witness but also the
15 testimony from the witness and looking at it in
16 relation to my theory of the case, I have
17 decided at this point to withdraw Dr. Robert
18 Stratbucker as an expert witness in this
19 particular case with the understanding, of
20 course, that this testimony, of course, can be
21 sealed if counsel for the defense would like
22 that and there will certainly be no either
23 public reference to any of Dr. Stratbucker's
24 theories to this Rule 26 report, to any of the
25 things that he stated today, any conversations
00082
1 he may have had with me formally or informally,
2 or any other communication involving his theory
3 of whether or not stun gun -- a stun gun was
4 used on JonBenet Ramsey.
5 MR. WOOD: Well, let me say this on
6 behalf of the Ramseys. We do not seek for
7 this testimony to be sealed. I mean, we don't
8 have any plans to use it.
9 I mean, the bottom line is with no
10 conditions whatsoever, do you formally and
11 unequivocally withdraw Dr. Stratbucker as an
12 expert witness in this case?
13 MR. HOFFMAN: Yes, I do, formally
14 and without any conditions.
15 MR. WOOD: And, likewise, will you
16 stipulate that under no circumstances will you
17 reengage him in any fashion with respect to the
18 Wolf v. Ramsey case in the future?
19 MR. HOFFMAN: Absolutely. I will
20 not reengage him in any way.
21 MR. WOOD: With that stipulation,
22 then there is obviously no reason for us to
23 continue the deposition today. So the
24 deposition is terminated in light of the
25 witness' withdrawal by counsel for plaintiff.
00083
1 Thank you very much, Darnay.
2 Anybody need to add anything else?
3 MR. HOFFMAN: I want to thank
4 everybody for their cooperation, and I want to
5 thank Dr. Robert Stratbucker for making himself
6 available today.
7 And, Doctor, I will speak to you
8 later this evening or tomorrow.
9 MR. WOOD: Hey, Darnay.
10 BY MR. HOFFMAN: Gentlemen, thank
11 you very much --
12 MR. WOOD: Hey, Darnay.
13 MR. HOFFMAN: And we are now, I
14 think, probably at the end of our deposition
15 period, and we will be positioning ourselves for
16 summary judgment. And I don't know how you want
17 to proceed with the Daubert hearings --
18 MR. WOOD: Hey, hold on a second.
19 MR. HOFFMAN: -- if there are going
20 to be any, but we can work that out.
21 MR. WOOD: Darnay, why don't we go
22 off the record now and let's just chat for two
23 seconds.
24 MR. HOFFMAN: All right. Good.
25 MR. WOOD: Let the videographer make
00084
1 his record.
2 THE VIDEOGRAPHER: This is the
3 conclusion of tape No. 1 and also the conclusion
4 of the deposition of Robert A. Stratbucker,
5 taken on May 30, 2002.
6 Counsel, we are off the record.
7 (A recess was taken.)
8 (Whereupon, the deposition was
9 concluded at 12:49 p.m.)
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00085
1 DESCRIPTION OF EXHIBITS
2 Exhibit Description
3 1 Amended Notice of Deposition
4 2 Plaintiff's Disclosure of Expert
5 Testimony
6 3 Monochrome photocopies of autopsy
7 photographs
8 4 Letter - January 16, 2002 From
9 Dr. Stratbucker to Chief Ferdelam
10 5 Report entitled "The following exhibits
11 are part of Dr. Robert A. Stratbucker's
12 Rule 26(a)(2) report of February 26,
13 2002"
14 6 Handwritten notes of Dr. Stratbucker
15 7 Laser color copy of photograph from
16 Jackson case
17 8 Laser color copy of photograph from
18 Jackson case
19 9 Laser color copy of photograph from
20 autopsy of Mr. Boggs
21 (Original Exhibits 1 through 6 and
22 Exhibit 9 were attached to the original
23 transcript. Color copies of Exhibits 7 and 8
24 were attached to the original transcript; the
25 originals having been retained by Mr. Bauer.)
00086
1 STATE OF GEORGIA:
2 COUNTY OF FULTON:
3 I hereby certify that the foregoing
4 transcript was reported, as stated in the
5 caption, and the questions and answers
6 thereto were reduced to typewriting under my
7 direction; that the foregoing pages represent
8 a true, complete, and correct transcript of
9 the evidence given upon said hearing, and I
10 further certify that I am not of kin or
11 counsel to the parties in the case; am not
12 in the employ of counsel for any of said
13 parties; nor am I in anywise interested in
14 the result of said case.
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23 .
24 .
25 .
00087
1 Disclosure Pursuant to Article
2 8(B) of the Rules and Regulations of the
3 Board of Court Reporting of the Judicial
4 Council of Georgia, I make the following
5 disclosure:
6 I am a Georgia Certified Court
7 Reporter, here as a representative of
8 Alexander Gallo & Associates, Inc., to report
9 the foregoing matter. Alexander Gallo &
10 Associates, Inc., is not taking this
11 deposition under any contract that is
12 prohibited by O.C.G.A. 5-14-37 (a) and (b).
13 Alexander Gallo & Associates,
14 Inc., will be charging its usual and
15 customary rates for this transcript.
16 .
17 .
18
19 ALEXANDER J. GALLO, CCR-B-1332
20 .
21 .