Biggest Miscarriages of Justice
The Who's Who Tragedy

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3705
1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

23 Registry, Inc. and
Sterling Who's, Who, Inc.
24 332 Willis Avenue
Mineola, New York 11501
25
(cont'd)


HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER

3706
1 APPEARANCES (cont'd):


3707
1 M O R N I N G S E S S I O N
2

3 (The following takes place in the absence of the

4 jury.)

5 THE COURT: Did you want to speak to me,

6 Mr. Trabulus? Is everybody here?

7 MR. TRABULUS: I haven't taken attendance, I am

8 not sure. I haven't seen Mr. Geduldig. I think a couple

9 of people are in the room, and I will get them.
10 MR. NEVILLE: I would like to address the Court.
11 THE COURT: You can't do anything until I find
12 out if everybody is here.
13 MR. NEVILLE: Good morning.
14 THE COURT: Good morning.
15 MR. SCHOER: Mr. Lee is in the building.
16 THE COURT: Where is he?
17 MR. SCHOER: I saw him walking up to the men's
18 room about five minutes ago.
19 THE COURT: Are all the defendants here today and
20 on time?
21 THE DEFENDANT WEITZ: With bright shiny faces.
22 MR. GEDULDIG: They are early.
23 (Whereupon, at this time there was a pause in the
24 proceedings.)
25 THE COURT: Yes, Mr. Trabulus.

HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER

3708
1 MR. WHITE: I would ask when the jury comes in,
2 they are given limiting instructions with respect to the

3 second and third tape played yesterday. One under the

4 current state of the record is admissible against the

5 corporation Who's Who Worldwide and Mr. Osman. The other

6 against the defendant Laura Winters, I mean Laura Weitz,

7 and the corporation Who's Who Worldwide.

8 I think as the tapes are played, unfortunately,

9 there would be repeated limiting instructions because each
10 one relates to one particular corporation and one
11 defendant.
12 THE COURT: I will give those instructions.
13 We will wait for the juror. There is one juror
14 that is missing.
15
16 (Whereupon, a recess is taken.)
17
18 THE COURT: Alternate juror number four is not
19 here. We do not have any telephone call or message from
20 alternate juror number four. My courtroom deputy clerk
21 called the residence of alternate juror number four.
22 What happened?
23 THE CLERK: There was only an answering machine,
24 and I left a message.

25 The juror apparently lives in Queens County, not

HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER

3709
1 too far from here. And apparently drives to court. We
2 have no message and we don't know where this juror is.

3 MR. NELSON: I believe what might have occurred,

4 there was a serious accident on the Long Island Expressway

5 closing the highway just past where you get on the

6 Northern State. I beat it this morning, but that's where

7 the fork is where you get off of the LIE to get on to the

8 Northern State.

9 MR. JENKS: I drive that way in the morning, your
10 Honor. And exit 40 on the Long Island Expressway heading
11 east was closed.
12 MR. LEE: A truck was on fire, your Honor.
13 MR. GEDULDIG: I heard an oil truck was on fire.
14 THE COURT: It sounds like there were disasters
15 all over the place. How unusual?

16 Nevertheless, I will not wait indefinitely for
17 this juror.
18 What do you want to do? It is now a half an
19 hour?
20 MR. NEVILLE: Judge, can I suggest we wait a
21 little bit longer and see?
22 THE COURT: I suggest we wait until a quarter
23 after 10:00. That's three-quarters of an hour. Certainly
24 the juror could have gotten someplace to make a call.
25 Is that agreeable?

HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER

3710
1 MR. NELSON: Yes.
2 MR. WALLENSTEIN: Yes.

3 MR. TRABULUS: Yes.

4 THE COURT: I will tell the jurors we are waiting

5 for the other juror. Any objection to that?

6 MR. WALLENSTEIN: No.

7 MR. NEVILLE: No objection.

8 MR. TRABULUS: No.

9 (The following takes place in the jury room.)
10 THE COURT: Good morning.
11 There was an old -- not an old -- I don't think

12 it is an old movie. You might think it is an old mo vie.
13 It took place in World War II, and probably most of you
14 were not born at that time.
15 A JUROR: I was in it.
16 THE COURT: All right.
17 It says One of Our Aircraft is Missing.
18 That's the name of our movie.
19 Well, one of our jurors is missing. Alternate
20 juror number four.
21 Now, I discussed it with the lawyers. They as
22 much as I would, we are going to wait for the juror. We
23 will wait until a quarter after 10:00 to get here.
24 Obviously something happened on the road, but we cannot
25 wait indefinitely. We will wait until a quarter after

HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER

3711
1 10:00. I apologize for keeping you waiting. This time it
2 wasn't my fault. All the other times it was my fault, I

3 will tell you that now.

4 See you later.

5

6 (Whereupon, a recess is taken.)

7

8 THE COURT: I am pleased to advise you that the

9 juror has arrived.
10 THE CLERK: Jury entering.
11 (Whereupon, the jury at this time entered the
12 courtroom.)
13 THE COURT: Good morning again to the 15 of you,
14 and good morning again for the first time to alternate
15 juror number four.
16 We are happy you were able to overcome the
17 problems you had, juror number four, and thank you for
18 being dedicated.
19 You may proceed.
20 MS. SCOTT: The government calls James Spencer.
21 THE CLERK: Please raise your right hand.
22 J A M E S S P E N C E R,
23 called as a witness, having been first
24 duly sworn, was examined and testified
25 as follows:

HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER

3712
1
2 T HE CLERK: Please state your name and spell your

3 last name slowly for the record.

4 THE WITNESS: James Spencer, S P E N C E R.

5 THE COURT: You may proceed.

6 MS. SCOTT: Thank you, your Honor.

7

8 DIRECT EXAMINATION

9 BY MS. SCOTT:
10 Q Good morning, Mr. Spencer.
11 A Good morning.
12 Q Can you tell us where you live?
13 A I live in Las Vegas, Nevada.
14 Q What do you do for a living?
15 A A registered representative for a securities firm.
16 Q What is the name of that firm?
17 A WMA Securities, Inc.
18 Q How long have you held that job?
19 A Approximately a year and a half.
20 Q What are your responsibilities in that job?
21 A Basically I meet with individuals, families, small
22 businesses, I show them strategives to get better rates of
23 return on their investments, save for retirement and avoid
24 as much tax as possible on those investments.
25 Q What did you do before you took that position?

HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER

3713
Spencer-direct/Scott


1 A Prior to that, to this position, I was a junior
2 officer at a bank located and headquartered in Las Vegas.

3 Q What bank is that?

4 A P R I M E R I T, one word, Primerit.

5 Q What was your position at Primerit?

6 A I was an assistant vice president for budgeting and

7 planning.

8 Q And what were your duties in that job?

9 A My primary responsibilities were the administration
10 of the annual budget process, as well as forecasting
11 interest rate risk management, and investment portfolio
12 managing.
13 Q You were in that position --
14 THE COURT: Before you go any further, I just
15 wanted to instruct the jury with regard to the tapes you
16 heard, tape recordings you heard yesterday, the last two
17 tape recordings -- the next to the last recording, I
18 instruct you that that evidence is only to be considered
19 against the corporation, Who's Who Worldwide Registry,
20 Inc., and the defendant Osman.
21 The last tape that you heard yesterday afternoon
22 is to be considered only against the corporation, Who's
23 Who Worldwide Registry, Inc., and the defendant Tara -- I
24 am sorry, withdrawn. And the defendant Laura Weitz. I
25 repeat that. The last tape is only to be considered by

HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER

3714
Spencer-direct/Scott


1 you against the defendant Who's Who Worldwide Registry,
2 Inc. and the defendant Laura Weitz, and only those

3 defendants.

4 You may proceed.

5 MS. SCOTT: Thank you, your Honor.

6 Q Mr. Spencer, how long were you an assistant vice

7 president at Primerit?

8 A Approximately six years.

9 Q Were you ever contacted by a company called Who's Who
10 Worldwide?
11 A Yes, I was.
12 Q And did you eventually purchase a membership from
13 them?
14 A Yes, I did.
15 Q Can you tell us how you were first contacted?
16 A I was first contacted via a phone call from a
17 representative of the company.
18 Q What happened in that conversation?
19 A Basically the representative explained to me that I
20 had been nominated for inclusion in Who's Who Worldwide.
21 She told me a little about the company.
22 She offered or said she was going to send out a
23 questionnaire I was to answer and forward back to her.
24 THE COURT: Excuse me.
25 You have to pull the microphone a little closer,

HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER

3715
Spencer-direct /Scott


1 please.
2 THE WITNESS: Sorry.

3 THE COURT: And speak up, please.

4 Q Did you receive anything in the mail from them?

5 A After the phone call, yes, I did.

6 Q What did you receive?

7 A I received a questionnaire which I subsequently

8 completed and mailed back.

9 Q What was included with the questionnaire, if
10 anything?
11 A I don't recall.
12 Q Was there a letter?
13 A Yes. There was a letter explaining, you know, the
14 company, and the questionnaire process.
15 Q Do you remember what the letter said?
16 A No, I don't.
17 Q I am showing you Exhibit 41-D, as in Daniel, for
18 Identification.
19 (Handed to the witness.)
20 Q Can you tell us what that is?
21 A It is a postcard which I filled out and mailed back
22 to the company.
23 MS. SCOTT: I offer Government's Exhibit 41-D.
24 T HE COURT: Any objection?
25 MR. TRABULUS: No.

HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER

3716
Spencer-direct/Scott


1 THE COURT: Government's Exhibit 41-D, for Dog,
2 in evidence.

3 (Government's Exhibit 41-D received in evidence.)

4 Q Is that the questionnaire you received from the

5 company?

6 A This is not the questionnaire. This is a -- it says

7 it is an invitation to be included in the company's

8 directory.

9 Q Does that -- does your handwriting appear on that
10 document?
11 A Yes, it does.
12 Q Can you turn over Government's Exhibit 41-D and read
13 the postmark on it.
14 A Las Vegas, Nevada, the 7th of April, 1993.
15 Q What happened after you sent this card in?
16 A After sending the postcard away, approximately
17 several days later I received a call back from the
18 representative, the same one I talked with earlier. And
19 at that time she said that she had some questions to go
20 through with me.
21 Q In that conversation what were you told about the
22 company and about the membership?
23 A I was told first of all that it was a member-run
24 organization, meaning it was run by and for the benefit of
25 its members; that I had been nominated for inclusion in

HARRY RAPAPORT, CSR, CP, CM OFFICIAL COURT REPORTER

3717
Spencer-direct/Scott


1 this Who's Who Registry of global business leaders, and
2 that there were certain qualifications, or criteria that

3 needed to be met to insure that I was in fact qualified to

4 be included in this Registry. And she was then going to

5 go through some of those criteria with me, in an evidence

6 to determine if I met the standards.

7 Q Were you told anything else about your membership in

8 Who's Who Worldwide?

9 A I was told several other things, that some of the
10 benefits of membership included not only the publication
11 in the Registry of global business leaders, but also that
12 there would be a quarterly magazine, an entire
13 publication, detailing some activities, and the profiles
14 of members, as well as local and regional type of
15 conferences that I would have an opportunity to attend.
16 I was told that, that I would also receive, upon
17 meeting the criteria, that I would receive a plaque
18 suitable for hanging in the office; I would have an
19 opportunity to purchase a CD-ROM version of the Registry
20 at some point in the future, and that I would have an
21 opportunity to take advantage of an affinity type credit
22 card program with the Who's Who logo on it, like a Master
23 Card or Visa.
Oh, really?
GLOBAL BUSINESS LEADERS EDITION was published and CLOSED
several years earlier. THERE WAS NO CD-ROM OR CD-ROM OFFER IN 1991, when the Global Edition was being published.
This is firm and undeniable evidence that the prosecution illicitly prepped this witness with information
THAT WAS NOT TRUE AND APPROPRIATE UNTIL YEARS AFTER THE CIRCUMSTANCES WITNESS IS TESTIFYING ABOUT!!!
Biggest Miscarriages of Justice, say it again,
one of the Biggest Miscarriages of Justice.





Biggest Miscarriages of Justice   - The Who's Who Tragedy