VIDEO TECHNICIAN: The time is 2:04. We're back on the record. This is the beginning of tape
Q. (BY MR. WOOD)
MR. DIAMOND: He's doing well by some standards.
MR. WOOD: He's doing well by my standards. You don't need to put that on the record in case my
wife, present wife, and last wife number four sees it.
Q. (BY MR. WOOD) Mr. Thomas, I'm going to go back and make sure I'm very clear. The copies
that you made of the police file information before you turned it back into the Boulder police, you knew
you were not authorized to copy that material and keep it, didn't you?
A. Not necessarily. This was my work and briefcase.
Q. So if it was the Boulder Police Department report and your briefcase, you thought you had a right
to copy it and keep it after you left the department; is that your testimony?
A. If I later had to testify or if there was a question about what I returned to the department, that
would satisfy that.
Q. Did you check with anyone within the department to make sure that was the department's policy
A. No, there was little conversation with the administration after I left.
Q. As I understand it, you remember last seeing these documents and the box that had these
documents in it, the ones that you had been sent from the Boulder Police Department people after they
learned that you were writing the book --
MR. DIAMOND: I'm sorry, after?
Q. (BY MR. WOOD) I thought that he told me he started getting them in early 1999 after he
announced he was writing the book; isn't that true?
MR. DIAMOND: Okay. I misheard you.
A. That's right.
Q. (BY MR. WOOD) The anonymous ones from whom you clearly believe were Boulder police
A. That's right.
Q. I was confused and hopefully it won't happen too often but it may not be the last time, but as I
understand your testimony, you haven't looked for that box, you just recall that you saw it sometime last
perhaps this March of 2000, right?
A. Yes, I had that box March of 2000.
Q. So you don't know because you haven't looked today whether that box is still in your possession,
custody or control? You don't know one way or the other because you haven't looked for it, right?
Q. I'll give you a subpoena. I'll get you to acknowledge as I hand it to you, sir, would ask you to go
now and look for those documents that at some point are consistent with the exhibit attached to the
subpoena. Do you acknowledge that I handed you that subpoena?
MR. DIAMOND: I will. So stipulated.
MR. WOOD: Thank you.
MR. DIAMOND: You asked us to consider a request during the lunch hour with respect to
MR. WOOD: Yeah, but I realized you had already agreed to do the confidentiality deal because of the
social security number.
MR. DIAMOND: But I've agreed that I might designate portions of this deposition subject to a
confidentiality order. In terms of subjecting my client to the terms of an order that he is otherwise not
subjected to, we have decided we don't want to do that. And so I would ask you simply just ask him
questions and don't -- refrain from disclosing --
MR. WOOD: I'll ask him whatever I feel is appropriate.
MR. DIAMOND: Sure.
MR. WOOD: You can decide or Darnay can decide what you and he want to do about it but, as I
understand it, you don't agree to be part of the protective order that is available that Sean has reviewed
prior to the deposition today?
MR. DIAMOND: With respect to third-party materials, that's correct.
MR. WOOD: Would you sign on in any potential?
MR. DIAMOND: What's that?
MR. WOOD: You either accept the order for Mr. Thomas or you go get a new order that says that
Mr. Thomas' deposition in some part is confidential.
MR. DIAMOND: Mr. Thomas isn't accepting the confidentiality order.
MR. WOOD: Fine.
MR. DIAMOND: I may well designate portions of his deposition confidential.
MR. WOOD: Then when you do that, you will have signed on to the protective order.
MR. DIAMOND: I disagree, but that's a matter for the --
MR. WOOD: Well, you will get a new protective order.
MR. HOFFMAN: That is a matter for the judge to decide.
MR. WOOD: Right, it is. We won't count that part against my time, I hope?
MR. DIAMOND: We'll count from 2:05 against your time.
MR. WOOD: That won't be part of it.
MR. DIAMOND: Sir --
MR. WOOD: Let's go.
MR. DIAMOND: -- you're wasting your time.
MR. WOOD: No, you're wasting my time. Let's go forward.
MR. WOOD: Did I give you a copy, too, Sean? I think I gave you --
MR. SMITH: I think so. I may have the original.
MR. WOOD: -- two copies and the original that I handed to the detective, former detective, excuse
MR. SMITH: I may have the original.
MR. WOOD: Yeah, I just wanted to make sure I didn't give you all my copies.