Roger Parloff — Cross/Redirect (Continued)
454 linesCROSS-EXAMINATION (RESUMED) BY MR. CLINE:
MR. CLINE: GOOD MORNING. I HOPE YOU'RE FEELING BETTER AND THE ALLERGIES ARE A LITTLE BETTER THIS MORNING.
ROGER PARLOFF: THEY'RE GOOD. THANK YOU.
MR. CLINE: I JUST HAVE A FEW -- BY THE WAY, DO YOU STILL HAVE THE TWO NOTEBOOKS UP THERE?
ROGER PARLOFF: YES.
MR. CLINE: OKAY. GOOD. I HAVE A FEW TOPICS I WANT TO COVER WITH YOU BEFORE WE FINISH UP FOR TODAY. THE FIRST ONE HAS TO DO WITH YOUR DISCUSSIONS WITH MS. HOLMES ABOUT THE MILITARY.
ROGER PARLOFF: YEAH.
MR. CLINE: DO YOU REMEMBER THAT SUBJECT COMING UP --
ROGER PARLOFF: UH-HUH, YES.
MR. CLINE: -- YESTERDAY? TO BE CLEAR, YOU AND MS. HOLMES AGREED THAT NOTHING THAT SHE SAID TO YOU ABOUT THERANOS AND THE MILITARY WOULD APPEAR IN THE ARTICLE; CORRECT?
ROGER PARLOFF: THAT'S RIGHT.
MR. CLINE: AND, IN FACT, YOU DIDN'T -- EXCUSE ME. NOW I'VE GOT THE ALLERGIES. IN FACT, YOU DIDN'T USE ANYTHING THAT SHE OR OTHERS AT THERANOS TOLD YOU ABOUT THERANOS AND THE MILITARY IN THE ARTICLE; RIGHT?
ROGER PARLOFF: CORRECT, ABOUT THE ACTUAL DEPLOYMENTS, YEAH.
MR. CLINE: AND WHAT YOU SAID IN THE ARTICLE -- AND I'M GOING TO QUOTE IT TO YOU, AND IF YOU NEED ME TO REFER IT TO YOU, I CAN -- YOU SAID, "THE SMALL THERANOS DEVICE MAKES IT POSSIBLE TO IMAGINE ONE DAY PLACING HOLMES'S LABS RIGHT BY THE OPERATING ROOMS IN HOSPITALS OR IN MILITARY EVACUATION HELICOPTERS, OR ON SHIPS AND SUBMARINES OR IN REFUGEE CAMPS OR IN TENTS IN THE AFRICAN BUSH." RIGHT?
ROGER PARLOFF: THAT'S CORRECT.
MR. CLINE: SO WHAT YOU TALKED ABOUT IN THE ARTICLE IS THAT THE THERANOS DEVICE MAKES IT POSSIBLE TO IMAGINE ONE DAY DOING THOSE THINGS; RIGHT?
ROGER PARLOFF: THAT'S RIGHT.
MR. CLINE: NOW, YOU TESTIFIED YESTERDAY, I BELIEVE, THAT MS. HOLMES TOLD YOU, OFF THE RECORD AND NOT FOR USE IN YOUR ARTICLE, THAT THE THERANOS DEVICE HAD BEEN USED IN AFGHANISTAN.
ROGER PARLOFF: YES.
MR. CLINE: NOW, YOU MET -- WE TALKED YESTERDAY ABOUT THAT FIRST MEETING YOU HAD WITH THE GOVERNMENT IN NEW YORK. DO YOU REMEMBER THAT?
ROGER PARLOFF: YES.
MR. CLINE: DO YOU REMEMBER THE TOPIC COMING UP YESTERDAY?
ROGER PARLOFF: I THINK SO, YES.
MR. CLINE: ALL RIGHT. AND THIS WAS YOUR FIRST INTERACTION WITH THE GOVERNMENT, AT LEAST FACE TO FACE; RIGHT?
ROGER PARLOFF: YES.
MR. CLINE: AND YOU MET WITH THEM IN NEW YORK AT THE U.S. ATTORNEY'S OFFICE THERE?
ROGER PARLOFF: YEAH, YES.
MR. CLINE: AND MR. BOSTIC WAS THERE AND AN FBI AGENT WAS THERE; RIGHT?
ROGER PARLOFF: YES.
MR. CLINE: ALL RIGHT. AND IN THAT MEETING, THAT FIRST MEETING, THE SUBJECT CAME UP OF THERANOS AND THE MILITARY; RIGHT?
ROGER PARLOFF: YES.
MR. CLINE: AND WHAT YOU TOLD THE GOVERNMENT IN THAT MEETING IN APRIL WAS THAT MS. HOLMES HAD ADVISED YOU IN ONE OF YOUR CONVERSATIONS WITH HER BACK BEFORE YOU WROTE YOUR ARTICLE THAT SHE CANNOT DISCUSS ACTUAL USE IN AFGHANISTAN, BUT SHE COULD DISCUSS OTHER THINGS, AND THAT THAT GAVE YOU THE IMPRESSION THAT SOMETHING WAS HAPPENING; RIGHT?
ROGER PARLOFF: THAT MAY BE RIGHT. THAT MUST BE WHAT I SAID.
MR. CLINE: ALL RIGHT. WOULD IT HELP YOU IF I SHOWED YOU THAT PART OF THE MEMORANDUM, OR CAN YOU ACCEPT THAT AS WHAT YOU TOLD THE GOVERNMENT?
ROGER PARLOFF: I CAN ACCEPT THAT'S WHAT I SAID THEN.
MR. CLINE: ALL RIGHT. AND THE FIRST TIME YOU TOLD THE GOVERNMENT THAT MS. HOLMES HAD TOLD YOU THAT THERE WAS ACTUAL USE IN AFGHANISTAN WAS TWO DAYS AGO; RIGHT?
ROGER PARLOFF: NO, I DON'T THINK SO.
MR. CLINE: WELL, YOU, YOU MET WITH THE GOVERNMENT TWO DAYS AGO; RIGHT?
ROGER PARLOFF: YES.
MR. CLINE: OR MET -- HAD A VIDEO CONFERENCE WITH THEM; RIGHT?
ROGER PARLOFF: YEAH.
MR. CLINE: AND IN THAT VIDEO CONFERENCE, YOU TOLD THEM THAT MS. HOLMES HAD MADE THAT COMMENT; RIGHT?
ROGER PARLOFF: YES.
MR. CLINE: YOU HADN'T TOLD THEM THAT IN ANY OF YOUR PREVIOUS DISCUSSIONS WITH THEM, HAD YOU?
ROGER PARLOFF: I THOUGHT WE HAD HAD -- I THOUGHT IT HAD COME UP IN PREVIOUS DISCUSSIONS.
MR. CLINE: SHALL WE GO THROUGH THOSE?
ROGER PARLOFF: OKAY.
MR. CLINE: THE FIRST ONE WAS APRIL 2018; RIGHT?
ROGER PARLOFF: YES.
MR. CLINE: AND THAT'S THE MEETING WHERE YOU TOLD THE GOVERNMENT THAT MS. HOLMES HAD TOLD YOU THAT SHE COULDN'T DISCUSS USE IN AFGHANISTAN, AND YOU HAD THE IMPRESSION THAT THERE WAS USE GOING ON; RIGHT?
ROGER PARLOFF: YES.
MR. CLINE: ALL RIGHT. THE NEXT TIME YOU SPOKE WITH THE GOVERNMENT WAS A VIDEO CONFERENCE ON SEPTEMBER THE 3RD, 2021, THIS YEAR; RIGHT?
ROGER PARLOFF: YES.
MR. CLINE: AND MR. BOSTIC AND OTHERS PARTICIPATED FOR THE GOVERNMENT; RIGHT?
ROGER PARLOFF: YES.
MR. CLINE: AND FOR THAT ONE YOU HAD A LAWYER WHO PARTICIPATED; RIGHT?
ROGER PARLOFF: YES.
MR. CLINE: AND IN THAT FIRST MEETING, YOU DIDN'T HAVE A LAWYER, BUT NOW YOU DID; RIGHT?
ROGER PARLOFF: YEAH, UH-HUH.
MR. CLINE: AND THAT'S NOT MR. KOLTUN, THE LAWYER WHO HAS BEEN HERE IN COURT WITH YOU, THAT WAS A MR. KORZENIK; RIGHT?
ROGER PARLOFF: YES.
MR. CLINE: AND AGAIN, THE SUBJECT OF MILITARY USE OF THERANOS TECHNOLOGY CAME UP; RIGHT?
ROGER PARLOFF: I CAN'T REMEMBER.
MR. CLINE: LET ME HELP YOU WITH THAT. MAY I APPROACH?
JUDGE DAVILA: YES.
BY MR. CLINE:
MR. CLINE: (HANDING.) I'M GOING TO HAND YOU A MEMORANDUM OF THAT INTERVIEW, AND I'M GOING TO REFER YOU TO PAGE 7, WHICH I THINK IS THE LAST PAGE, AND ASK YOU TO READ THE LAST PARAGRAPH TO YOURSELF. DON'T READ IT ALOUD.
ROGER PARLOFF: OKAY.
MR. CLINE: HAVE YOU HAD A CHANCE TO READ THAT?
ROGER PARLOFF: YEAH.
MR. CLINE: ALL RIGHT. AND DOES THAT REFRESH YOUR RECOLLECTION THAT ON SEPTEMBER 3RD, 2021, YOU AGAIN TOLD THE GOVERNMENT THAT MS. HOLMES'S COMMENTS LEFT YOU WITH THE IMPRESSION THAT THERE WAS USE IN AFGHANISTAN?
ROGER PARLOFF: YES.
MR. CLINE: ALL RIGHT. AND THEN YOU TALKED AGAIN WITH THE GOVERNMENT?
ROGER PARLOFF: IT'S A PRETTY STRONG INFERENCE. I MEAN, SHE WAS STATING, DON'T TELL GENERAL MATTIS ABOUT THE DEPLOYMENTS IN AFGHANISTAN. YOU KNOW, IT'S AN INFERENCE, BUT IT'S -- I MEAN, WHY -- TO ME, IT'S, IT'S A, IT'S A VERY STRONG INFERENCE. IT'S DON'T TELL THEM ABOUT -- WELL --
MR. CLINE: MR. PARLOFF --
ROGER PARLOFF: YEAH.
MR. CLINE: -- MS. HOLMES TOLD YOU THAT SHE COULDN'T DISCUSS USE IN AFGHANISTAN; RIGHT?
ROGER PARLOFF: RIGHT.
MR. CLINE: AND THAT LEFT YOU WITH THE IMPRESSION THAT SOMETHING WAS GOING ON; RIGHT?
ROGER PARLOFF: YES, AND THE FACT THAT SHE TOLD ME NOT TO -- THAT HE WOULD NOT BE ABLE TO DISCUSS THAT AND I SHOULDN'T ASK HIM ABOUT IT.
MR. CLINE: SHE NEVER ACTUALLY TOLD YOU THAT THERE WAS USE IN AFGHANISTAN, DID SHE?
ROGER PARLOFF: I THOUGHT SHE DID.
MR. CLINE: SO YOU THOUGHT YOU HAD MORE THAN JUST THE IMPRESSION THAT YOU DESCRIBED TO THE GOVERNMENT IN THOSE FIRST TWO MEETINGS?
ROGER PARLOFF: WELL, IT IS SEVEN YEARS AGO. IT MIGHT HAVE BEEN A VERY STRONG IMPRESSION. I, I -- I'M NOT CERTAIN.
MR. CLINE: ALL RIGHT. I WANT TO TURN NOW TO THE QUESTION OF THE NUMBER OF TESTS. MAY I RETRIEVE THAT FROM YOU, THAT DOCUMENT? I JUST DON'T WANT IT TO BE DISTRACTING. MAY I APPROACH?
JUDGE DAVILA: YES.
ROGER PARLOFF: (HANDING.)
BY MR. CLINE:
MR. CLINE: THANKS. DO YOU REMEMBER -- MR. PARLOFF, WE ARE SWITCHING TOPICS A LITTLE BIT HERE. THERE WAS DISCUSSION YESTERDAY ABOUT THE NUMBER OF TESTS THAT THERANOS COULD PERFORM. DO YOU REMEMBER THAT?
ROGER PARLOFF: YES.
MR. CLINE: AND DO YOU REMEMBER THE NUMBERS 200 AND 1,000?
ROGER PARLOFF: YES.
MR. CLINE: NOW, IN YOUR JUNE 2014 ARTICLE -- AND, AGAIN, I'M GOING TO QUOTE IT TO YOU, BUT IF YOU NEED TO LOOK AT IT, NO PROBLEM -- YOU SAID THAT THERANOS, AND I'M QUOTING NOW, "CURRENTLY OFFERING MORE THAN 200 AND IS RAMPING UP TO OFFER MORE THAN 1,000 OF THE MOST COMMONLY ORDERED BLOOD DIAGNOSTIC TESTS, ALL WITHOUT NEED FOR A SYRINGE." THAT'S WHAT YOU SAID IN THE ARTICLE; RIGHT?
ROGER PARLOFF: YES.
MR. CLINE: ALL RIGHT. NOW, THE GOVERNMENT PLAYED YESTERDAY FOR YOU A CLIP FROM MAY 21, 2014, AN AUDIO CLIP OF ONE OF YOUR CONVERSATIONS WITH MS. HOLMES WHERE THE 200 AND 1,000 NUMBERS CAME UP.
ROGER PARLOFF: YES.
MR. CLINE: AND I WANT TO JUST PLAY FOR YOU THE FIRST PART OF THAT CLIP WHERE THOSE NUMBERS ARE FIRST BROACHED. SO JUST HOLD ON A SECOND AND I'M GOING TO PLAY IT FOR YOU. OKAY? THIS IS EXHIBIT 5474AB2 STARTING AT THE BEGINNING OF THE CLIP THE GOVERNMENT PLAYED, AND THEN WE'LL STOP IT WHEN WE GET TO THE POINT. GO AHEAD.
(AUDIO RECORDING PLAYED OFF THE RECORD.)
MR. CLINE: STOP, STOP.
MR. CLINE: NOW, MR. PARLOFF, DID YOU HEAR YOUR REFERENCE THERE TO MORE THAN 1,000 CPT'S?
ROGER PARLOFF: YES.
MR. CLINE: BACK IN MAY OF 2014, DID YOU KNOW WHAT A CPT WAS?
ROGER PARLOFF: UH, SHE TOLD ME.
MR. CLINE: IT'S A BILLING CODE; RIGHT?
ROGER PARLOFF: YES.
MR. CLINE: AND IN MAY OF 2014, DID YOU UNDERSTAND THE DIFFERENCE BETWEEN A TEST AND A CPT?
ROGER PARLOFF: ROUGHLY.
MR. CLINE: DID YOU UNDERSTAND IN MAY OF 2014 THAT A SINGLE TEST COULD BE PART OF MANY DIFFERENT CPT CODES?
ROGER PARLOFF: I THINK I, I THINK I -- I KNEW THAT SOME CPT CODES WERE FOR PANELS AND SOME WERE FOR INDIVIDUAL TESTS. SO, YES.
MR. CLINE: IN YOUR ARTICLE, THE LANGUAGE THAT YOU USE IN THE ARTICLE, YOU DON'T DISTINGUISH WHEN YOU'RE USING THAT 1,000 FIGURE BETWEEN TESTS AND CPT'S, DO YOU?
ROGER PARLOFF: NO. BUT I DON'T THINK I KNEW WHICH WAY IT -- WHICH DIRECTION. I KNEW IT WOULDN'T BE AN IDENTICAL NUMBER, BUT I DIDN'T KNOW IF THE CPT'S WOULD BE MORE THAN A THOUSAND. I THINK THAT WAS MY IMPRESSION THAT, BECAUSE THEY COULD -- BUT ANYWAY.
MR. CLINE: WELL, WHAT YOU SAID IN THE ARTICLE --
ROGER PARLOFF: YEAH, RIGHT.
MR. CLINE: -- WAS A THOUSAND TESTS; RIGHT?
ROGER PARLOFF: RIGHT.
MR. CLINE: YOU DIDN'T SAY A THOUSAND CPT'S?
ROGER PARLOFF: RIGHT.
MR. CLINE: I WANT TO MOVE NOW TO A DIFFERENT TOPIC.
ROGER PARLOFF: AND SHE HAD ALSO SAID THERE WAS SOME FUZZINESS ABOUT, WAS IT A THOUSAND, WAS IT 1200?
MR. CLINE: YOU'RE TALKING ABOUT CPT'S; RIGHT?
ROGER PARLOFF: YES.
MR. CLINE: NOW, I WANT TO GET BACK A LITTLE BIT TO THE RESEARCH THAT YOU DID.
ROGER PARLOFF: AND SHE NEVER TRIED TO CORRECT IT AFTERWARDS AS WELL. SHE DIDN'T CALL ME AND SAY, "OH, TERRIFIC ARTICLE, BUT YOU GOT ONE LITTLE THING WRONG, IT WAS REALLY A THOUSAND CPT'S, NOT A THOUSAND TESTS."
MR. CLINE: ARE WE FINISHED WITH THAT TOPIC?
ROGER PARLOFF: UP TO YOU.
MR. CLINE: ALL RIGHT. LET'S MOVE TO A DIFFERENT TOPIC, WHICH IS YOUR RESEARCH LEADING UP TO THE JUNE 2014 ARTICLE.
ROGER PARLOFF: YES.
MR. CLINE: WE TALKED ABOUT THAT YESTERDAY, AND THERE ARE JUST A FEW ADDITIONAL POINTS THAT I WANT TO TOUCH ON THERE. FIRST OF ALL, I WANT TO SHOW YOU AN EXHIBIT THAT IS NOT IN YOUR BOOK AND SO I'M GOING TO HAVE TO HAND IT UP TO YOU, WHICH IS EXHIBIT 14271. MAY I APPROACH?
JUDGE DAVILA: YES.
BY MR. CLINE:
MR. CLINE: (HANDING.) MR. PARLOFF, TAKE A MOMENT AND LOOK AT THAT.
(PAUSE IN PROCEEDINGS.)
BY MR. CLINE:
MR. CLINE: I DON'T MEAN TO RUSH YOU, BUT HAVE YOU HAD A CHANCE TO LOOK AT THIS?
ROGER PARLOFF: I'M SORRY, I'M STILL --
MR. CLINE: OH, TAKE YOUR TIME. TAKE YOUR TIME.
(PAUSE IN PROCEEDINGS.)
ROGER PARLOFF: YEAH. YES.
BY MR. CLINE:
MR. CLINE: ALL RIGHT. THIS IS A MAY 9TH, 2014 EMAIL FROM YOU TO MS. HOLMES?
ROGER PARLOFF: YES.
MR. CLINE: AND THE SUBJECT IS UPDATE?
ROGER PARLOFF: YES.
MR. CLINE: AND YOU'RE DESCRIBING TO HER SORT OF WHERE THINGS ARE ON A NUMBER OF FRONTS --
ROGER PARLOFF: YES.
MR. CLINE: -- IN YOUR RESEARCH; RIGHT?
ROGER PARLOFF: UH-HUH.
MR. CLINE: YOUR HONOR, I OFFER 14271.
MR. BOSTIC: NO OBJECTION.
JUDGE DAVILA: IT'S ADMITTED. IT MAY BE PUBLISHED.
(DEFENDANT'S EXHIBIT 14271 WAS RECEIVED IN EVIDENCE.)
BY MR. CLINE:
MR. CLINE: LET'S JUST BLOW UP THE WHOLE THING, AND WE'LL QUICKLY WORK OUR WAY THROUGH IT. CAN YOU SEE THAT OKAY?
ROGER PARLOFF: YES. THANKS.
MR. CLINE: ALL RIGHT. THIS WAS ONE OF A NUMBER OF EMAILS THAT YOU EXCHANGED WITH MS. HOLMES IN THE COURSE OF -- BETWEEN APRIL AND JUNE OF 2014 AS YOU WORKED ON YOUR ARTICLE; RIGHT?
ROGER PARLOFF: YES.
MR. CLINE: AND WE LOOKED AT A FEW YESTERDAY, BUT THERE WERE A SIGNIFICANT NUMBER OF EMAILS BACK AND FORTH AS YOU ATTEMPTED TO GATHER INFORMATION. FAIR?
ROGER PARLOFF: YES.
MR. CLINE: SO LET'S JUST QUICKLY TICK THROUGH WHAT YOU'RE UPDATING HER ON HERE. TO BEGIN, YOU SAY YOU HAD LENGTHY DISCUSSIONS YESTERDAY -- I'M SORRY, WEDNESDAY WITH OFFICIALS AT A CERTAIN SIGNIFICANT PLAYER IN THE BLOOD ANALYTICS INDUSTRY. DO YOU SEE THAT?
ROGER PARLOFF: YES.
MR. CLINE: AND THAT REFERS TO ONE OF THERANOS'S COMPETITORS?
ROGER PARLOFF: IT REFERS TO A SIGNIFICANT PLAYER IN THE BLOOD ANALYTICS INDUSTRY.
MR. CLINE: WAS THAT ONE OF THERANOS'S COMPETITORS?
ROGER PARLOFF: THIS IS -- I THINK THIS IS -- I DON'T THINK IT'S APPROPRIATE FOR ME TO ANSWER.
MR. CLINE: DO YOU HAVE YOUR LAWYER HERE TODAY?
ROGER PARLOFF: YES.
MR. CLINE: YOUR HONOR, COULD WE HAVE A BRIEF SECOND HERE FOR HIM TO CHAT WITH HIS LAWYER?
JUDGE DAVILA: DO YOU FEEL YOU NEED TO TALK TO YOUR LAWYER, SIR, ABOUT THE --
ROGER PARLOFF: I GUESS VERY BRIEFLY.
JUDGE DAVILA: SURE. OKAY. WE'LL TAKE A STANDING BREAK.
MR. CLINE: SURE, YOUR HONOR.
(STANDING BREAK.)
MR. KOLTUN: DO YOU HAVE A COPY OF IT?
(STANDING BREAK.)
JUDGE DAVILA: FOLKS, FEEL FREE TO STAND FOR A MOMENT AND STRETCH IF YOU WOULD LIKE.
(STRETCHING.)
(PAUSE IN PROCEEDINGS.)
JUDGE DAVILA: MR. CLINE, DO YOU WANT TO STEP OUT AND JUST SEE IF THEY NEED ANY OF YOUR ASSISTANCE?
MR. CLINE: I'LL BE OF LIMITED VALUE, BUT I'M HAPPY TO TRY.
JUDGE DAVILA: OH, YOU UNDERESTIMATE YOUR SKILLS, MR. CLINE.
(LAUGHTER.)
(PAUSE IN PROCEEDINGS.)
MR. CLINE: I'LL TAKE FULL CREDIT FOR THAT, YOUR HONOR.
JUDGE DAVILA: ALL RIGHT. THANK YOU. MR. PARLOFF, YOU'RE BACK ON THE STAND. YOU'VE HAD OCCASION TO SPEAK WITH YOUR ATTORNEY?
ROGER PARLOFF: YES, YOUR HONOR. THANK YOU.
JUDGE DAVILA: YOU'RE WELCOME. YOU CAN TAKE YOUR MASK OFF IF YOU WOULD LIKE.
ROGER PARLOFF: THANK YOU.
JUDGE DAVILA: MR. CLINE.
BY MR. CLINE:
MR. CLINE: MR. PARLOFF, ARE YOU ABLE TO ANSWER MY QUESTION?
ROGER PARLOFF: YEAH. TO THE EXTENT THAT ANY SIGNIFICANT PLAYER IN THE BLOOD ANALYTICS INDUSTRY WOULD BE CONSIDERED A COMPETITOR, YES.
MR. CLINE: ALL RIGHT. SO YOU HAD HAD, AS YOU DESCRIBED, LENGTHY DISCUSSIONS WITH AN ENTITY THAT YOU CONSIDERED TO BE A COMPETITOR OF THERANOS; RIGHT?
ROGER PARLOFF: YES.
MR. CLINE: AND YOU WANTED TO GET TOGETHER AND TALK WITH MS. HOLMES; RIGHT?
ROGER PARLOFF: YES.
MR. CLINE: AND --
ROGER PARLOFF: WELL, A PHONE CALL.
MR. CLINE: YES. AND AT LEAST PART OF YOUR REASON FOR WANTING TO TALK WITH HER WAS TO DISCUSS ISSUES THAT THIS COMPETITOR HAD RAISED?
ROGER PARLOFF: YES, UH-HUH.
MR. CLINE: ALL RIGHT. AND SO THEN THERE ARE A SERIES OF SORT OF SPECIFIC ITEMS, AND LET'S JUST VERY QUICKLY TICK THROUGH THOSE. YOU WANTED TO TALK TO GENERAL MATTIS; RIGHT?
ROGER PARLOFF: YES.
MR. CLINE: AND YOU WERE LOOKING FOR CONTACT INFORMATION FROM MS. HOLMES; RIGHT?
ROGER PARLOFF: YES.
MR. CLINE: WHICH SHE PROVIDED AND THEN YOU TALKED TO GENERAL MATTIS; RIGHT?
ROGER PARLOFF: THAT'S RIGHT. THERE ARE CERTAIN LIMITATIONS ON WHAT I COULD ASK.
MR. CLINE: AND THEN YOU NOTE THAT YOU WERE BOOKED TO SEE HENRY KISSINGER; RIGHT?
ROGER PARLOFF: YES.
MR. CLINE: AND DID YOU ACTUALLY MEET FACE TO FACE WITH HENRY KISSINGER?
ROGER PARLOFF: I DID.
MR. CLINE: AND THAT'S, AGAIN, SOMETHING THAT THERANOS AND MS. HOLMES HELPED ARRANGE?
ROGER PARLOFF: YES.
MR. CLINE: AND THEN ITEM 2, YOU SAY IT WOULD BE GREAT IF I COULD VISIT YOUR FUNCTIONING LAB IN PHOENIX. DO YOU SEE THAT?
ROGER PARLOFF: YES.
MR. CLINE: AND WAS THIS AT A TIME WHEN THE LAB WASN'T UP AND RUNNING?
ROGER PARLOFF: THAT'S RIGHT.
MR. CLINE: ALL RIGHT. AND SO THAT VISIT DIDN'T HAPPEN; RIGHT?
ROGER PARLOFF: THAT'S RIGHT.
MR. CLINE: AND THEN THIRD YOU SAY, I'D LIKE TO CONTACT INTERMOUNTAIN TO DISCUSS HOW FAR ALONG THEY ARE AND THEIR PLANS. AND INTERMOUNTAIN WAS ANOTHER HOSPITAL CHAIN?
ROGER PARLOFF: YES.
MR. CLINE: AND WITH WHICH THERANOS WAS IN DISCUSSIONS; IS THAT RIGHT?
ROGER PARLOFF: YES.
MR. CLINE: AND YOU SAY, YOU COULD JUST CALL THEIR PR PEOPLE, BUT IF YOU WOULD RATHER I APPROACH IT A DIFFERENT WAY, LET ME KNOW; RIGHT?
ROGER PARLOFF: YES.
MR. CLINE: AND DID MS. HOLMES PROVIDE A CONTACT AT INTERMOUNTAIN?
ROGER PARLOFF: YES.
MR. CLINE: AND DID THAT CONTACT OCCUR?
ROGER PARLOFF: YES.
MR. CLINE: ALL RIGHT. YOU DON'T HAVE TO NAME NAMES, BUT YOU TALKED TO SOMEONE AT INTERMOUNTAIN ABOUT THE RELATIONSHIP WITH THERANOS; RIGHT?
ROGER PARLOFF: YES.
MR. CLINE: AND THEN THE FINAL POINT IS YOU SAY, I FOUND SOME HELPFUL STUFF ON THE CMS AND FDA SITES REGARDING REGULATORY MATTERS. DO YOU SEE THAT? ITEM 4?
ROGER PARLOFF: YEAH, UH-HUH, YES.
MR. CLINE: AND THAT GOES BACK TO THE INTERNET RESEARCH THAT WE WERE TALKING ABOUT BRIEFLY YESTERDAY; RIGHT?
ROGER PARLOFF: YES.
MR. CLINE: AND THEN YOU SAY, "AND SOMEBODY AT THE FDA HAS ALSO BEEN HELPFUL IN ORIENTING ME THERE." DO YOU SEE THAT?
ROGER PARLOFF: YES.
MR. CLINE: AND THAT --
ROGER PARLOFF: THAT WAS JUST A PR PERSON.
MR. CLINE: ALL RIGHT. BUT YOU DID HAVE SOME SORT OF CONTACT AT THE FDA; RIGHT?
ROGER PARLOFF: WELL, VIRTUALLY MINIMAL. I MEAN, IT WAS JUST SHE SAID, I CAN'T TELL YOU ANYTHING. I CAN SHOW YOU WHAT IS ON THE SITE.
MR. CLINE: ALL RIGHT. AND SO SHE HELPED YOU NAVIGATE THE SITE?
ROGER PARLOFF: EXACTLY.
MR. CLINE: ALL RIGHT.
ROGER PARLOFF: AND SHE GAVE ME THE LINKS.
MR. CLINE: YES. ALL RIGHT. SO WE COULD PUT THAT ONE ASIDE. AND I WANT TO GO TO ANOTHER ONE. I'M HOPING THIS WON'T PRESENT A PROBLEM, BUT IT MIGHT. MAY I APPROACH? YOUR HONOR, MAY I APPROACH?
JUDGE DAVILA: YES.
BY MR. CLINE:
MR. CLINE: (HANDING.) MR. PARLOFF, I'VE HANDED YOU WHAT HAS BEEN MARKED AS EXHIBIT 10592. DO YOU HAVE THAT?
ROGER PARLOFF: YES.
MR. CLINE: AND IF YOU START -- IT ACTUALLY STARTS ON THE BACK.
ROGER PARLOFF: YES.
MR. CLINE: IT'S DOUBLE SIDED. AND THERE'S AN EMAIL THERE BETWEEN YOU AND A DR. ERIC TOPOL. DO YOU SEE THAT?
ROGER PARLOFF: YES.
MR. CLINE: AND THEN IF YOU WORKED YOUR WAY UP THE CHAIN, YOU SEE THAT DR. TOPOL HAS RESPONDED TO YOUR EMAIL; RIGHT?
ROGER PARLOFF: YES.
MR. CLINE: AND THEN YOU SEE THAT DR. TOPOL HAS FORWARDED HIS EXCHANGE WITH YOU ON TO MS. HOLMES; RIGHT?
ROGER PARLOFF: YES.
MR. CLINE: ALL RIGHT. I WILL -- AND THIS IS MAY 9TH AND 10TH, 2014; RIGHT?
ROGER PARLOFF: YES.
MR. CLINE: DURING THE PERIOD THAT YOU'RE DOING THE RESEARCH FOR YOUR JUNE 2014 ARTICLE?
ROGER PARLOFF: THAT'S RIGHT.
MR. CLINE: YOUR HONOR, I OFFER 10592. BY THE WAY, ONE THING I WANT TO MAKE CLEAR, AFTER DISCUSSING THIS WITH MR. BOSTIC, THE PORTION AT THE BOTTOM WHERE DR. TOPOL IS RESPONDED TO QUESTIONS, IT'S NOT BEING OFFERED FOR ITS TRUTH.
MR. BOSTIC: AND, YOUR HONOR, I APPRECIATE THAT. I WOULD SAY 801 AS TO THAT PORTION. I WOULD JUST LIKE TO BETTER UNDERSTAND WHY IT IS COMING IN AND THE PURPOSE.
MR. CLINE: AND I'M HAPPY TO EXPLAIN. WE'RE OFFERING THIS, YOUR HONOR, TO SHOW A COUPLE OF THINGS: THE INDEPENDENT RESEARCH THAT MR. PARLOFF UNDERTOOK AS HE DID THIS ARTICLE, IN OTHER WORDS, HE WASN'T JUST TALKING TO MS. HOLMES, HE WAS TALKING TO A VARIETY OF OTHER PEOPLE, INCLUDING EXPERTS; AND ALSO TO SHOW MS. HOLMES'S AWARENESS OF THOSE EFFORTS AS THE ARTICLE PROGRESSED. SO IT'S NOT BEING OFFERED FOR THE TRUTH OF ANYTHING THAT DR. TOPOL TELLS HIM. SIMPLY FOR STATE OF MIND AND TO SHOW THE EXTENT OF DR. PARLOFF'S -- NOT DR. PARLOFF'S -- MR. PARLOFF'S RESEARCH.
JUDGE DAVILA: ISN'T IT IN EVIDENCE ALREADY THAT MS. HOLMES SUGGESTED HE SPEAK WITH OTHER PEOPLE?
MR. CLINE: THAT IS. THIS PARTICULAR PERSON IS NOT, AND THIS IS AN INDEPENDENT EXPERT, A MEDICAL DOCTOR AT A PRESTIGIOUS INSTITUTION, AND THAT'S WHY WE WANTED TO PUT THAT IN.
JUDGE DAVILA: YOU JUST DID.
MR. CLINE: WELL, UNFORTUNATELY WHAT I SAY IS NOT EVIDENCE. I WISH IT WERE.
JUDGE DAVILA: ALL RIGHT. I'LL ALLOW THIS TO COME IN. LADIES AND GENTLEMEN, IT'S ONLY COMING IN NOT FOR THE TRUTH OF THE MATTER ASSERTED. IS THAT WHAT YOU'RE TELLING THE JURY?
MR. CLINE: YES.
JUDGE DAVILA: BUT ONLY TO SHOW KNOWLEDGE THAT MS. HOLMES KNEW THAT THIS WITNESS WAS DOING ADDITIONAL RESEARCH AT HER SUGGESTION?
MR. CLINE: WELL, ON THIS PARTICULAR PERSON, I'M NOT SURE. WE'LL FIND OUT. BUT IN GENERAL, YES.
JUDGE DAVILA: OKAY. SO, LADIES AND GENTLEMEN, THIS IS OFFERED NOT FOR THE TRUTH OF THE MATTER ASSERTED, BUT ONLY TO SHOW THE STATE OF MIND OF MS. HOLMES, THAT IS, AS TO KNOWLEDGE OF THIS WITNESS'S ENGAGING IN ADDITIONAL RESEARCH.
(DEFENDANT'S EXHIBIT 10592 WAS RECEIVED IN EVIDENCE.)
JUDGE DAVILA: ALL RIGHT.
MR. CLINE: THANK YOU.
MR. CLINE: ALL RIGHT. MR. PARLOFF, IF YOU LOOK AT THIS DOCUMENT -- WE CAN PUT IT UP NOW. IF WE CAN GO TO THE BOTTOM EMAIL THERE. THIS, THIS RUNS OVER ON TO THE BACK PAGE, AND I'M NOT SURE IF THERE'S ANYTHING THAT YOU CAN DO ABOUT THAT TO DISPLAY IT. DO YOU SEE THAT THIS IS -- YOU'VE HAD AN EXCHANGE WITH A DR. ERIC TOPOL. DO YOU SEE THAT?
ROGER PARLOFF: YES.
MR. CLINE: AND WAS HE SOMEONE THAT MS. HOLMES HAD REFERRED YOU TO?
ROGER PARLOFF: YES.
MR. CLINE: AND DR. TOPOL IS -- HE'S A MEDICAL DOCTOR; RIGHT?
ROGER PARLOFF: YES.
MR. CLINE: AND HE'S AT THE SCRIPPS -- HE'S A -- AT THE SCRIPPS TRANSLATIONAL SCIENCE INSTITUTE; RIGHT?
ROGER PARLOFF: YEAH, HE CERTAINLY WAS THEN.
MR. CLINE: I'M SORRY?
ROGER PARLOFF: AND HE MAY STILL BE THERE.
MR. CLINE: OF COURSE. WE'RE TALKING ABOUT MAY OF 2014 WHEN YOU WERE TALKING WITH HIM; RIGHT?
ROGER PARLOFF: YES.
MR. CLINE: HE'S A PROFESSOR OF GENOMICS AT THE SCRIPPS RESEARCH INSTITUTE; IS THAT RIGHT?
ROGER PARLOFF: YES.
MR. CLINE: AND HE IS AN EXPERT THAT YOU WERE TALKING TO, ALONG WITH DR. HELFET WHO WE WERE DISCUSSING YESTERDAY, TO GET A READ ON THERANOS'S WORK; RIGHT?
ROGER PARLOFF: YES.
MR. CLINE: AND YOU SENT HIM AN EMAIL, THIS IS THE BOTTOM EMAIL IN THIS CHAIN; RIGHT?
ROGER PARLOFF: YES.
MR. CLINE: AND YOU SAY, "ERIC -- "I'M THE 'FORTUNE' REPORTER YOU SPOKE WITH A COUPLE OF WEEKS," I THINK YOU MEANT TO SAY AGO, "ABOUT THERANOS AND ELIZABETH HOLMES." YOU GO ON, "I HAVE HAD SOME BACKGROUND DISCUSSION WITH SOME OFFICIALS WITH AN INCUMBENT BLOOD ANALYTICS COMPANY." RIGHT?
ROGER PARLOFF: YES.
MR. CLINE: AND CAN WE SAY THAT THAT IS ONE OF THERANOS'S COMPETITORS?
ROGER PARLOFF: YES.
MR. CLINE: AND YOU SAY, "NOT SURPRISINGLY, THEY WERE POOH-POOH'ING WHAT THEY UNDERSTAND TO BE THERANOS'S ACCOMPLISHMENTS IN A NUMBER OF WAYS." RIGHT?
ROGER PARLOFF: YES.
MR. CLINE: AND YOU LIST A NUMBER OF WAYS THAT THEY WERE POOH-POOH'ING THE ACCOMPLISHMENTS IN NUMBER POINTS; RIGHT?
ROGER PARLOFF: YES.
MR. CLINE: AND DR. TOPOL RESPONDS TO YOU; RIGHT?
ROGER PARLOFF: YES.
MR. CLINE: AND THAT'S THE NEXT EMAIL UP?
ROGER PARLOFF: IT LOOKS LIKE -- OH, YEAH, UH-HUH.
MR. CLINE: ALSO ON MAY 9TH, 2014; RIGHT?
ROGER PARLOFF: YES.
MR. CLINE: AND HE SAYS, "HI ROGER, "THANKS FOR YOUR NOTE - NOT SURPRISING THAT THE THREATENED ENTITIES WOULD COME BACK WITH THESE POINTS." AND THEN HE INTERLINEATES HIS RESPONSES TO YOUR COMMENTS; RIGHT?
ROGER PARLOFF: YES.
MR. CLINE: AND ALTHOUGH YOU'RE NOT COPIED ON THE EMAIL, THIS GETS FORWARDED ON TO MS. HOLMES; RIGHT? DO YOU SEE THAT?
ROGER PARLOFF: YES.
MR. CLINE: ALL RIGHT. WE CAN TAKE THAT DOWN. THE LAST THING I WANT TO DO -- AND I'M HOPING THAT WE CAN TICK THROUGH THESE QUICKLY -- I WANT TO GET THESE DATES IN THE RECORD. IF YOU CAN REFER TO YOUR DOCUMENT, IT WILL BE TAB 1646 IN THE NOTEBOOK THERE, AND I CAN POINT YOU TO PARTICULAR PAGES IF YOU NEED ME TO REFRESH YOUR RECOLLECTION. WE TALKED YESTERDAY ABOUT THE NUMBER OF HOURS TOTAL THAT YOU SPENT TALKING WITH MS. HOLMES; RIGHT?
ROGER PARLOFF: YES.
MR. CLINE: AND WHAT I WANT TO DO HERE IS QUICKLY TICK THROUGH THE DATES, THE NUMBER OF INTERACTIONS THAT YOU HAD BETWEEN THE FIRST ONE ON APRIL THE 7TH AND THE PUBLICATION OF YOUR ARTICLE IN JUNE OF 2014.
ROGER PARLOFF: OKAY.
MR. CLINE: ALL RIGHT. LET'S RUN THROUGH THESE DATES AND SEE IF WE CAN JUST AGREE ON THEM QUICKLY. OKAY?
ROGER PARLOFF: OKAY.
MR. CLINE: THE FIRST INTERVIEW WAS APRIL THE 7TH; RIGHT?
ROGER PARLOFF: YES.
MR. CLINE: AND YOU TALKED WITH MS. HOLMES FOR A COUPLE OF HOURS THAT DAY?
ROGER PARLOFF: WHATEVER IS -- YEAH.
MR. CLINE: ALL RIGHT. WE DON'T HAVE TO NAIL IT DOWN --
ROGER PARLOFF: YEAH.
MR. CLINE: -- BUT YOU RECORDED SOME OF THAT INTERACTION; RIGHT?
ROGER PARLOFF: YEAH.
MR. CLINE: AND YOU HAD DINNER WITH MS. HOLMES THAT EVENING; RIGHT?
ROGER PARLOFF: YES.
MR. CLINE: AND THEN APRIL THE 8TH YOU SPOKE AGAIN WITH MS. HOLMES?
ROGER PARLOFF: YES, UH-HUH.
MR. CLINE: AND THE 7TH AND THE 8TH, THOSE ARE THE TWO DAYS THAT YOU WERE ACTUALLY AT THERANOS; RIGHT?
ROGER PARLOFF: YES. I THINK I WAS THERE THE 10TH AS WELL.
MR. CLINE: OKAY.
ROGER PARLOFF: AND I MIGHT HAVE SHOWN UP FOR PARTS OF THE 9TH, BUT TO SEE OTHER PEOPLE.
MR. CLINE: ALL RIGHT. SO YOU THINK A TOTAL OF FOUR DAYS --
ROGER PARLOFF: YEAH.
MR. CLINE: -- IN WHOLE OR IN PART YOU WERE IN CAMPUS THERE AT THERANOS?
ROGER PARLOFF: YEAH, UH-HUH.
MR. CLINE: AND THAT'S WHEN YOU HAD THE TOUR THAT YOU DESCRIBED; RIGHT?
ROGER PARLOFF: I DON'T KNOW WHICH DAY IT WAS.
MR. CLINE: BUT SOMEWHERE IN THAT FOUR DAY STRETCH?
ROGER PARLOFF: YES.
MR. CLINE: AND YOU ALSO SAT IN ON A PRODUCT MEETING OF SOME KIND?
ROGER PARLOFF: YES.
MR. CLINE: AND THAT WAS SOMETHING, EVEN THOUGH YOU WERE ABLE TO SIT ON IT, IT WAS OFF THE RECORD AND YOU WERE NOT ABLE TO REPORT IT IN YOUR ARTICLE; RIGHT?
ROGER PARLOFF: THAT'S RIGHT.
MR. CLINE: AM I REMEMBERING THAT RIGHT?
ROGER PARLOFF: AND THERE WERE NO NOTES OR TAPES.
MR. CLINE: AND THIS IS A MEETING WHERE MS. HOLMES IS MEETING WITH HER TEAM AND THEY'RE TALKING ABOUT SOME ISSUE WITH THE TECHNOLOGY; RIGHT?
ROGER PARLOFF: YES.
MR. CLINE: SO WE HAVE THE 7TH AND THE 8TH. AND THEN YOU SPOKE AGAIN WITH MS. HOLMES ON THE 10TH; RIGHT?
ROGER PARLOFF: YES.
MR. CLINE: APRIL 10TH, 2014, JUST SO THE RECORD IS CLEAR HERE. AND YOU SPOKE WITH HER AGAIN ON APRIL 22ND, 2014?
ROGER PARLOFF: UM --
MR. CLINE: THIS IS AT PAGE 60 OF THAT DOCUMENT IF YOU WANT TO REFER TO IT.
ROGER PARLOFF: PAGE 60. YES.
MR. CLINE: APRIL 29TH, 2014. THAT'S AT PAGE 61?
ROGER PARLOFF: YES.
MR. CLINE: MAY 5TH, 2014. THAT'S AT PAGE 65?
ROGER PARLOFF: YES.
MR. CLINE: MAY 12TH, 2014. THAT'S AT PAGE 67?
ROGER PARLOFF: YES.
MR. CLINE: MAY 14TH, 2014. THAT'S AT 84?
ROGER PARLOFF: YES.
MR. CLINE: MAY 21ST, 2014. THAT'S AT 85?
ROGER PARLOFF: YES.
MR. CLINE: MAY 20 --
ROGER PARLOFF: MAY 21ST? YES.
MR. CLINE: MAY 28TH, 2014. THAT'S ALSO AT 85?
ROGER PARLOFF: YEAH.
MR. CLINE: AND THEN AGAIN ON JUNE THE 2ND, 2014. AND UNFORTUNATELY, I'M GOING TO RELY ON YOUR MEMORY FOR THAT ONE. I DON'T HAVE A NOTE THAT I CAN POINT YOU TO.
ROGER PARLOFF: WHICH ONE WAS IT?
MR. CLINE: JUNE 2ND, 2014.
ROGER PARLOFF: THAT SOUNDS RIGHT.
MR. CLINE: AND AS WE DISCUSSED, IN ADDITION TO THESE CALLS AND MEETINGS, THERE WERE A WHOLE SERIES OF EMAIL EXCHANGES, SOME OF WHICH WE'VE SEEN; RIGHT?
ROGER PARLOFF: YES.
MR. CLINE: ALL RIGHT. THAT'S ALL OF MY QUESTIONS, YOUR HONOR. THANK YOU.
JUDGE DAVILA: REDIRECT?
MR. BOSTIC: YES, YOUR HONOR. THANK YOU.
REDIRECT EXAMINATION BY MR. BOSTIC:
MR. BOSTIC: GOOD MORNING, MR. PARLOFF.
ROGER PARLOFF: GOOD MORNING.
MR. BOSTIC: YOUR HONOR, A BRIEF HOUSEKEEPING MATTER FROM YESTERDAY AND TODAY. THE PARTIES HAVE PLAYED AUDIO EXCERPTS INTO THE RECORD. WOULD THE COURT ORDER THAT THE TRANSCRIPTS OF THOSE RECORDS BE APPENDED TO THE RECORD IN THIS CASE? I HAVE SPOKEN TO MR. CLINE AND I UNDERSTAND THERE'S NO OBJECTION.
MR. CLINE: NO OBJECTION TO IT BEING APPENDED TO THE RECORD. IT WILL NOT BE EVIDENCE IN THE CASE.
MR. BOSTIC: AGREED, YOUR HONOR.
JUDGE DAVILA: YOU HAVE TRANSCRIPTS, INDEPENDENT TRANSCRIPTS YOU'RE SPEAKING OF?
MR. BOSTIC: YES, YOUR HONOR. THE PARTIES CAN AGREE ON THEM AND PROVIDE THEM IN DUE COURSE.
JUDGE DAVILA: ALL RIGHT. THANK YOU.
MR. BOSTIC: THANK YOU, YOUR HONOR.
JUDGE DAVILA: AND THAT'S APPROVED, YES.
BY MR. BOSTIC:
MR. BOSTIC: MR. PARLOFF, DO YOU RECALL DISCUSSIONS WITH MR. CLINE ABOUT YOUR CONVERSATIONS WITH MS. HOLMES ABOUT USE OF THE THERANOS TECHNOLOGY BY THE U.S. MILITARY?
ROGER PARLOFF: YES.
MR. BOSTIC: MR. CLINE PLAYED FOR YOU A CLIP YESTERDAY WHERE THAT TOPIC CAME UP. DO YOU REMEMBER THAT CLIP GENERALLY?
ROGER PARLOFF: YES.
MR. BOSTIC: AND IN THAT CLIP, IN RESPONSE TO A QUESTION BY YOU ABOUT THE MILITARY, MS. HOLMES SAID SOMETHING TO THE EFFECT OF THAT THE BEST WAY TO SAY THAT WAS IN TERMS OF DECENTRALIZING AND THAT THE APPLICATION OF THAT MIGHT INCLUDE THE MILITARY. DO YOU RECALL THAT?
ROGER PARLOFF: YES.
MR. BOSTIC: IN YOUR --
ROGER PARLOFF: IT MIGHT INCLUDE A MILITARY.
MR. BOSTIC: THAT THE APPLICATION, ONE OF THE APPLICATIONS MIGHT BE THE MILITARY?
ROGER PARLOFF: YES, YEAH.
MR. BOSTIC: THAT STATEMENT BY MS. HOLMES WAS CONSISTENT WITH WHAT ENDED UP IN YOUR ARTICLE, CORRECT, THAT USE OF THE TECHNOLOGY BY THE MILITARY IS SOMETHING THAT ONE COULD IMAGINE?
ROGER PARLOFF: YES.
MR. BOSTIC: THAT CONVERSATION WAS RECORDED; IS THAT RIGHT?
ROGER PARLOFF: I BELIEVE SO.
MR. BOSTIC: AND WE LISTENED TO A CLIP FROM IT?
ROGER PARLOFF: YEAH.
MR. BOSTIC: WHEN YOU RECORDED CONVERSATIONS WITH MS. HOLMES, DID YOU MAKE A POINT OF MAKING SURE SHE KNEW THAT THAT RECORDING WAS TAKING PLACE?
ROGER PARLOFF: YES, UH-HUH.
MR. BOSTIC: DID THAT HAPPEN EACH TIME?
ROGER PARLOFF: YES.
MR. BOSTIC: AND DID THE TOPIC OF THERANOS'S USE -- EXCUSE ME, THE MILITARY USE OF THERANOS'S TECHNOLOGY ALSO COME UP IN UNRECORDED CONVERSATIONS?
ROGER PARLOFF: YES.
MR. BOSTIC: LET ME ASK YOU A QUESTION ABOUT -- OR A COUPLE OF QUESTIONS ABOUT YOUR SHORTHAND AND SPEED WRITING TECHNIQUES.
ROGER PARLOFF: YES.
MR. BOSTIC: DO YOU RECALL DISCUSSING THAT BOTH ON DIRECT AND CROSS?
ROGER PARLOFF: YES.
MR. BOSTIC: AND JUST TO CLARIFY, THE TECHNIQUE THAT YOU USE, ARE YOU JUST WRITING DOWN YOUR IMPRESSIONS OF WHAT THE SUBJECT IS TELLING YOU, OR ARE YOU MAKING YOUR BEST EFFORTS TO ACTUALLY CAPTURE THE WORDS THAT ARE BEING USED?
ROGER PARLOFF: IT ATTEMPTS TO BE VERBATIM, THE WORDS, THE EXACT WORDS.
MR. BOSTIC: THANK YOU.
ROGER PARLOFF: YEP.
MR. BOSTIC: AND YOU USED THAT PRACTICE IN RECORDING AND MEMORIALIZING YOUR CONVERSATIONS WITH MS. HOLMES AND THE STATEMENTS THAT SHE MADE TO YOU?
ROGER PARLOFF: YES.
MR. BOSTIC: AND YOU PRESERVE THOSE NOTES AFTERWARDS?
ROGER PARLOFF: YES.
MR. BOSTIC: AND HAVE YOU REVIEWED THOSE NOTES SINCE YOUR CONVERSATIONS WITH MS. HOLMES AND BEFORE TESTIFYING IN THIS TRIAL?
ROGER PARLOFF: YES.
MR. BOSTIC: MULTIPLE TIMES?
ROGER PARLOFF: YES.
MR. BOSTIC: NO FURTHER QUESTIONS. THANK YOU, MR. PARLOFF.
MR. CLINE: NOTHING MORE, YOUR HONOR.
JUDGE DAVILA: MAY THIS WITNESS BE EXCUSED?
MR. BOSTIC: YES.
MR. CLINE: YES.
JUDGE DAVILA: SIR, YOU'RE EXCUSED. YOU CAN JUST LEAVE ALL OF THAT THERE ON THE COUNTER. ALL RIGHT. THANK YOU. THE RECORD SHOULD REFLECT THAT MR. PARLOFF HAS LEFT THE COURTROOM NOW. DOES THE GOVERNMENT HAVE AN ADDITIONAL WITNESS TO CALL?
MR. SCHENK: YOUR HONOR, MAY I?
JUDGE DAVILA: PLEASE.
MR. SCHENK: A COUPLE OF THINGS FIRST. THE GOVERNMENT MOVES INTO EVIDENCE EXHIBIT 4859. I BELIEVE THE DEFENSE AGREES.
JUDGE DAVILA: THAT'S ADMITTED WITHOUT OBJECTION.
(GOVERNMENT'S EXHIBIT 4859 WAS RECEIVED IN EVIDENCE.)
MR. SCHENK: SECOND, AS THE COURT KNOWS, BECAUSE ONE PATIENT WILL NOT TESTIFY IN THIS TRIAL, THE GOVERNMENT MOVES TO DISMISS, WITHOUT PREJUDICE, COUNT NINE AS TO THIS DEFENDANT.
JUDGE DAVILA: ALL RIGHT. COUNT NINE OF THE THIRD SUPERSEDING INDICTMENT AS TO THIS DEFENDANT, MS. HOLMES?
MR. SCHENK: YES, YOUR HONOR.
JUDGE DAVILA: ANY OBJECTION?
MR. DOWNEY: NO OBJECTION, YOUR HONOR.
JUDGE DAVILA: ALL RIGHT. THANK YOU. THAT'S GRANTED. THEN COUNT NINE, COUNT NINE, LADIES AND GENTLEMEN, THE GOVERNMENT HAS MOVED TO DISMISS COUNT NINE OF THE THIRD SUPERSEDING INDICTMENT. THAT IS GRANTED, AND THAT WILL NOT BE BEFORE YOU FOR DECISION. THANK YOU.
MR. SCHENK: THANK YOU, YOUR HONOR. AND FINALLY, THE UNITED STATES RESTS.
JUDGE DAVILA: ALL RIGHT. THANK YOU. THE GOVERNMENT RESTS. LADIES AND GENTLEMEN, WHAT THAT MEANS IS THAT THE GOVERNMENT HAS PRESENTED THEIR ENTIRE CASE TO YOU NOW. AT THIS TIME, LET ME CALL ON THE DEFENSE. MR. DOWNEY, DO YOU HAVE A WITNESS TO CALL?
MR. DOWNEY: YOUR HONOR, BEFORE THAT BEGINS, THE DEFENSE HAS SOME MOTIONS TO RAISE WITH THE COURT.
JUDGE DAVILA: OKAY.
MR. DOWNEY: WE WILL NOT NEED THE PRESENCE OF THE JURY FOR THAT.
JUDGE DAVILA: ALL RIGHT.
MR. DOWNEY: SO IF WE CAN TAKE A BRIEF ADJOURNMENT AND BEGIN WITH THAT?
JUDGE DAVILA: LET'S DO THAT. WE'LL TAKE A BREAK, LADIES AND GENTLEMEN. I NEED TO TALK WITH THE LAWYERS ABOUT THE NEXT STEPS, SO WE'LL TAKE A BREAK. THIS WILL PROBABLY BE ABOUT -- WELL, I DON'T KNOW. I'M NOT GOING TO MAKE ANY TIMING PROMISES, BUT WE'LL TAKE A BREAK AND WE'LL CALL YOU BACK IN WHEN NECESSARY. THANK YOU.