0001

 1                  IN THE UNITED STATES DISTRICT COURT

                   FOR THE NORTHERN DISTRICT OF FLORIDA

 2                          PENSACOLA DIVISION

 3  

 4  

 5   In Re:  WARD DEAN                         Case No. 3:03cv285-RV

 6  

 7  

 8  

 9      TRANSCRIPT OF HEARING ON GOVERNMENT'S MOTION TO SHOW CAUSE

10  

11            The above-entitled matter came on to be heard before

     the Honorable ROGER VINSON, Chief United States District Judge,

12   in the United States Courthouse, Pensacola, Florida, on the

     15th day of July, 2003, commencing at 10:19 a.m.

13  

14   APPEARANCES:

15  

     For the Government:           BENJAMIN W. BEARD

16                                 Assistant United States Attorney

                                   21 East Garden Street, Suite 400

17                                 Pensacola, FL 32501-5676

18  

     For the Respondent:           WARD DEAN, M.D., Pro se

19                                 

                                   

20  

21  

22   

                             W. PAUL RAYBORN

23                     United States Court Reporter

                           245 U.S. Courthouse

24                       One North Palafox Street

                         Pensacola, FL 32501-5665

25                   T.850.432.1808 - F.850.432.1809

                          prayborn@bellsouth.net

 

0002

 1                        P R O C E E D I N G S

 2            THE COURT:  Good morning.  Be seated, please.

 3            We are here on short notice with respect to a matter

 4            before the grand jury.

 5            Mr. Beard?

 6            MR. BEARD:  May it please The Court?

 7            The government filed a motion at approximately nine

 8   o'clock this morning and provided a copy to the defendant at

 9   that time.  The motion is self-explanatory.  The gist of the

10   matter is the defendant -- excuse me, Mr. Dean has been

11   subpoenaed to the grand jury to provide handwriting exemplars.

12   A copy of the subpoena is attached to the government's motion

13   as Government Exhibit -- let's see -- I believe it's E, Your

14   Honor.

15            THE COURT:  Is this a miscellaneous proceeding?

16            MR. BEARD:  Yes, sir.

17            THE COURT:  Does it have a number?

18            MR. BEARD:  Yes, sir.  And, if I may -- if I may,

19   before we get started?  The matter was filed in camera because

20   it involves taxpayer information.  There are other people who

21   are not involved in the proceeding here.  And I would ask the

22   court consider closing the proceeding for the protection of the

23   taxpayer.

24            THE COURT:  Well, let's see if we are gonna have any

25   production of evidence in the matter.  Who do you plan to call

0003

 1   as a witness?

 2            MR. BEARD:  May it please The Court?  I was going to

 3   ask, if necessary, to call Special Agent Tanya Burgess.  I

 4   don't believe it's necessary, but we have a witness, in the

 5   event The Court requires that.

 6            DR. DEAN:  Objection, Your Honor.  I believe that

 7   Ms. Burgess has not yet established that she has the authority

 8   to do what she is trying to do here today, and I have

 9   previously requested that, and I object to her testifying.

10            THE COURT:  Well, overruled.

11            Let's see.  You are Ward Dean?

12            DR. DEAN:  Yes, sir.

13            THE COURT:  Are you a medical doctor?

14            DR. DEAN:  Yes, sir.

15            THE COURT:  Are you a practicing medical doctor?

16            DR. DEAN:  Yes, sir.

17            THE COURT:  What specialty are you in?

18            DR. DEAN:  General practice, sir.

19            THE COURT:  And you practice here in Pensacola?

20            DR. DEAN:  Yes, I do.

21            THE COURT:  And you formerly, I believe, were in the

22   Navy?

23            DR. DEAN:  Yes, sir.

24            THE COURT:  Are you retired from the Navy?

25            DR. DEAN:  Yes, sir.

0004

 1            THE COURT:  As a medical doctor?

 2            DR. DEAN:  Yes, sir.

 3            THE COURT:  Well, your objection is overruled,

 4   Dr. Dean.

 5            MR. BEARD:  May I proceed, Your Honor?

 6            THE COURT:  Let me see if there is any -- any reason

 7   to clear The Courtroom.  There should be nothing about this

 8   evidence that's testimonial, other than the fact that the

 9   government is establishing that Dr. Dean has been subpoenaed to

10   give handwriting exemplars, which is the only issue in this

11   case, is that correct?

12            MR. BEARD:  That's correct, Your Honor.

13            May it please The Court?

14            THE COURT:  Let me just advise Dr. Dean.

15            I'm sure that you are aware, Dr. Dean, that you have

16   no Fifth Amendment right to not give handwriting exemplars.

17   The government has a right to get that from you, just like they

18   have the right to get fingerprints.  And there is nothing

19   constitutional that's protected, as far as that's concern.

20   It's not a testimonial act.  And this proceeding is simply the

21   government's request by way of a motion for me to order you to

22   comply with the subpoena.  And I can assure you that the law is

23   well-established that they have the right to do that.  And if

24   you fail to comply, I need to advise that you this is a very

25   serious proceeding, and if you do not comply, you will be held

 

0005

 1   in civil contempt and incarcerated until you do comply.  Do you

 2   understand that?

 3            DR. DEAN:  Yes, sir.

 4            THE COURT:  There are certain rights that are

 5   guaranteed to you if there is any matter that might in some way

 6   implicate your privileged matters as a taxpayer.  I don't think

 7   any of that is gonna be brought out today, but it may.  I can't

 8   predict exactly what's gonna come out.  And to that extent, you

 9   have the right to have this proceeding held in camera, which

10   means the public is not permitted to hear these matters that

11   might be private to you.  If you want to invoke that, I will

12   give you an opportunity to do it now.

13            DR. DEAN:  Yes, sir, I agree with you that there are

14   no confidential tax matters that should come out in this.  This

15   is strictly regarding whether Mr. Beard, Ms. Burgess and the

16   grand jury itself have established properly their authority to

17   do what they are trying to do.

18            THE COURT:  Well, I --

19            DR. DEAN:  And I --

20            THE COURT:  -- I impanel the grand jury, so I can

21   assure you that the grand jury is properly impaneled.  I can

22   also assure you that, indeed, Mr. Beard is an Assistant U.S.

23   Attorney.  He has the authority to act on behalf of the

24   government, as do the agents for the IRS.

25            So, let me just see if we can abbreviate this

 

0006

 1   proceeding.  Again, I advise that you are obligated to provide

 2   the handwriting exemplars.  If you have any ground for not

 3   doing so, I will certainly consider those, but there are

 4   virtually no grounds that you can deny that, unless there is

 5   some threat of duress or something like that that might be

 6   hanging over your head by some other individual.

 7            DR. DEAN:  Yes, sir.  I do object on a number of

 8   grounds. I don't know when the proper time is, but I would

 9   like to present what those grounds are--one of which you just

10   raised--that of threat, duress and coercion.

11            THE COURT:  No, this is not a threat by the

12   government.  It's a threat by someone else who says if you

13   provide this information, they are gonna kill you, for example.

14            DR. DEAN:  Or put me in jail.

15            THE COURT:  Well, no, that's a different situation.

16   That's not duress.

17            DR. DEAN:  I have other grounds of procedure -- on a

18   procedural matter that I would like to raise.

19            THE COURT:  All right.  Tell me what they are.

20            DR. DEAN:  Sir, may I approach the bench?

21            THE COURT:  Just tell me from where you are.

22            DR. DEAN:  First is the 1947 federal crop insurance case,

23   U.S. v. Merrill, in which the Supreme Court 

24   warned the American public that in any

25   encounter with the government, the citizen takes a risk that

0007

 1   the government agents  are

 2   not  complying with the scope of their authority.  I have

 3   submitted a Freedom of Information Act request to Mr. Beard for

 4   documents which would help to establish [whether] he does,

 5   in fact, have the lawful authority which he claims.  I have

 6   written to Ms. Burgess regarding the same.

 7            There is a civil action currently ongoing in which I

 8   have discovery pending.  Judge Collier is the judge in that

 9   matter, and discovery is to be completed no later than the 15th

10   of August.

11            THE COURT:  Let -- let me just interrupt you.  The

12   Merrill case, of course, deals with the authority of agents to

13   bind the United States government as to financial obligations

14   or other obligations.  But that's irrelevant to what we are

15   dealing with here today.

16            The authority of the government is presumptive in this

17   case, and there is no -- there is no real reason to

18   challenge --

19            DR. DEAN:  Sir --

20            THE COURT:  -- to challenge it.  Let me finish.

21            DR. DEAN:  All right.

22            THE COURT:  As -- as to the matter of whether there

23   is a civil proceeding also paralleling this case, again, that's

24   immaterial.  This is -- this is a criminal matter before the

25   grand jury.  And I, again, need to advise you that it's a very

0008

 1   serious matter.  It could very quickly erupt into a matter that

 2   results in your incarceration, and perhaps for a long time.

 3            DR. DEAN:  Yes, sir, I'm aware of that.  I'm also

 4   aware that the criminal tax manual states that a Form 9131,

 5   which is a request for 

 6   a grand jury investigation, must be

 7   filed.  And the criminal tax manual states further that if

 8   these procedures which involves the Form 9131 are not followed,

 9   that it is an improper referral and outside the scope of the

10   delegation of the authority.  This is in paragraph 6-4-120 of

11   the criminal tax manual.

12            Now, I have requested from Mr. Beard a copy of the

13   Form 9131 pursuant to the Freedom of Information Act, and, of

14   course, I have stated that certain law enforcement matters

15   could be reasonably segregable, but I should be able to

16   determine whether or not the Form 9131 has been filed, that one

17   is in existence, which would mean that the grand jury has been

18   properly impaneled.  Without the 9131, from my study and

19   reading, the grand jury will have not been properly impaneled.

20   Mr. Beard has flatly refused to provide documents which

21   have been requested of him pursuant to the Freedom of

22   Information Act.

23            THE COURT:  Dr. Dean, I'm afraid you are mistaken

24   about that, too.  The grand jury being impaneled is a separate

25   matter, has already been impaneled, who is investigating this.

 

0009

 1   They have the right to do that.  What other technical

 2   requirements might be necessary to initiate a criminal

 3   investigation by the IRS is a different matter entirely.  We

 4   are not dealing with that this morning.  We are only dealing a

 5   subpoena by the grand jury to compel handwriting exemplars from

 6   you, which is a very narrow issue.

 7            DR. DEAN:  Yes, sir.

 8            THE COURT:  The grand jury has a right to do that.  I

 9   want to make sure that's clear to you.

10            DR. DEAN:  Yes, sir, I believe that a properly

11   impaneled grand jury does absolutely have that right.  

12   But so far, to my questions pursuant to the crop insurance

13   case, and other cases like that, that grant the citizen the

14   right to determine the lawful authority of the agents, the

15   government in this case has been deficient in complying with

16   any of what I believe are my reasonable requests.

17            Now, I do have some other objections.

18            THE COURT:  Well, as to those objections, as a matter

19   of law, they are all overruled.

20            DR. DEAN:  Yes, sir.  I do have several motions

21   which I have filed.  I believe your secretary has them, and

22   they have also been filed with the clerk.

23            One is a motion to compel disclosure of these

24   documents.

25            The other is a motion to stay the proceedings

0010

 1   pending at least completion of the discovery in the civil

 2   matter because, of course, every criminal case begins as an

 3   administrative civil matter.  And without completion of --

 4            THE COURT:  No, that's not true.

 5       (Pause.)

 6            DR. DEAN:  Sir, I believe there are a number of other

 7   reasons.  You mentioned, of course, the -- the Supreme Court

 8   cases that handwriting is not a Fifth

 9   Amendment right.  I have seen those cases, and I agree.

10   However, those cases have also established four criteria that

11   the government must comply -- must meet in order to obtain

12   those handwriting disclosures.

13            One is -- and it's primarily one of unreasonableness.

14   The grand jury must be properly authorized for a purpose which

15   Congress can order.  I already raised that issue, that I

16   have not seen the 9131.  And I question, frankly, whether

17   one exists.

18            Second, is that the information sought must be

19   relevant to the inquiry.  Now, as you pointed out this morning,

20   this motion for order to show was just presented to me when we

21   walked in here this morning.  I haven't even had a chance to

22   look at it, so I'm not really sure exactly what it says.

23            Third, that the grand jury process is not being

24   abused.

25            And, fourth, the handwriting exemplars cannot be

0011

 1   obtained from other sources without grand jury compulsion.

 2            Now, I'm a pretty public person.  I have spent 24

 3   years on active duty in the military.  I have legal documents

 4   that are filed here in this court.  Ms. Burgess has seized my

 5   bank records with hundreds if not thousands of personal checks

 6   that contain my signatures.  So I believe that there is

 7   absolutely no reason to require me to provide a handwriting

 8   exemplar when these handwriting exemplars can clearly be

 9   obtained from other sources.  I've got a number of years in the

10   military writing medical records which, of course, could have

11   the names and identifying data of the patients expunged.  These

12   are all still on file at the Naval hospital here and out at

13   Whiting Field.

14            So, clearly, I believe that requiring me to

15   provide a handwriting exemplar is unreasonable and not in

16   compliance with previous decisions of The Courts.

17            THE COURT:  All right.

18            Well, Dr. Dean, your objections are -- are overruled.

19            As far as the motions that have you filed for a

20   continuance or stay of these proceedings, again that has to be

21   denied.  This is a matter that is entitled to be brought on by

22   the government promptly and expeditiously.

23            You are entitled to have a hearing on this motion to

24   compel.  Actually the motion formally is a motion for you to

25   show cause why you should not be held in contempt.

0012

 1            DR. DEAN:  Yes, sir.  That's what I hope that I

 2   have just done with what I believe are reasonable reasons

 3   for refusing.  However, I will do whatever you tell me

 4   to do, but again, I will do it under threat, duress and

 5   coercion.

 6            THE COURT:  Well, the reasons you have given are not

 7   sufficient for you to legally refuse to give the handwriting

 8   exemplars.

 9            So I will ask you again, are you willing to provide

10   the handwriting exemplars?

11            DR. DEAN:  Judge, I said I will do whatever you tell

12   me to do, but I will do it under threat, duress and coercion.

13            THE COURT:  Let me ask the government, then, to put on

14   it's evidence, then.

15            Thank you.  You may be seated.

16            Mr. Beard, call your witness.

17            MR. BEARD:  Thank you.  Call Tanya Burgess.

18               TANYA BURGESS, GOVERNMENT WITNESS, SWORN

19            THE CLERK:  Do you solemnly swear that the testimony

20   you are about to give in this proceeding will be the truth, the

21   whole truth, and nothing but the truth, so help you God?

22            THE WITNESS:  I do.

23            THE CLERK:  Please have a seat.

24            State your name and spell your last name of for the

25   record.

0013

 1            THE WITNESS:  Tanya Burgess, B-U-R-G-E-S-S.

 2            THE CLERK:  Thank you.

 3            THE COURT:  All right, Mr. Beard.

 4            MR. BEARD:  Thank you, Your Honor.

 5                          DIRECT EXAMINATION

 6   BY MR. BEARD:

 7   Q.  Ms. Burgess, you are with the Internal Revenue Service,

 8   Criminal Investigation Division?

 9   A.  Yes, sir.

10   Q.  On -- on or about June 4th, 2003, did you have an occasion

11   to serve Dr. Dean with a copy of a subpoena to appear before

12   the grand jury on this date?

13   A.  Yes, I did.

14            MR. BEARD:  For The Court's reference, that is

15   attached to the government's motion as Government Exhibit E.

16   BY MR. BEARD:

17   Q.  Does it appear -- did it -- did it contain an attachment

18   that provided that the doctor was to appear for the purpose of

19   supplying handwriting exemplars?

20   A.  Yes, sir.

21   Q.  When you served it upon him, did he appear to understand

22   the purpose of the service?

23   A.  Yes, sir.  I told him what it was, also.

24   Q.  Did he appear this morning?

25   A.  Yes, he did.

0014

 1   Q.  At that time -- the handwriting exemplars are designed for

 2   what purpose?

 3   A.  To be used as a known writing to compare with other

 4   documents that we question the handwriting on.

 5   Q.  Based on your training, education and experience, do you

 6   know the -- the degree of need there is for original

 7   handwriting?

 8   A.  Yes, they do need those for better comparison.

 9   Q.  Are you familiar with whether or not those handwritings

10   must be similar in nature to the handwriting they are to be

11   compared to?

12   A.  Yes.

13            MR. BEARD:  Thank you.  I have no further questions,

14   Your Honor.

15            THE COURT:  Dr. Dean, any questions?

16                          CROSS-EXAMINATION

17   BY DR. DEAN:

18   Q.  Now, Ms. Burgess, I presented a letter to you this morning

19   with a number of attached documents.  You -- does this appear

20   to be what I presented to you this morning?

21   A.  I haven't compared it.  You handed me a booklet that was

22   about an inch thick that was bound like that.

23   Q.  Would you like to take a look to see if it's the same?

24            MR. BEARD:  Objection.  Relevance, Your Honor.

25            THE COURT:  Well, sustained.  I'm not sure what that

0015

 1   serves.  As far as the exemplars, it's a very narrow issue,

 2   Dr. Dean.

 3            DR. DEAN:  Your Honor, may I explain the relevance?

 4            THE COURT:  Sure.

 5            DR. DEAN:  This is a study which I have undertaken to

 6   establish whether IRS special agents have any authority

 7   whatsoever with regard to subtitle A, income taxes.  They

 8   derive their authority presumably from Section 7608,

 9   subparagraph B.  7608 subparagraph B is what authorizes them to

10   have -- to do certain things.  However, the implementing

11   regulations for Section 7608 all come from Title 27.  Title 27,

12   as you know, relates only to Alcohol, Tobacco and Firearms.

13   There are no Title 26 regulations which implement 7608.

14            And this document which I would actually like to put

15   in as an exhibit to this hearing clearly establishes that IRS

16   CID special agents only have authority with regard to Title 27

17   regarding Alcohol, Tobacco and Firearms, and have absolutely no

18   authority whatsoever with regard to the investigation or the

19   enforcement of Title 26, income tax laws.

20            THE COURT:  Well, I will give you an opportunity to

21   try to establish a foundation for admitting whatever that is,

22   but I can assure you that for purposes of serving subpoenas,

23   they are authorized to serve the subpoena which is in question

24   here.  So sustained.

25            Let's move on.

0016

 1            DR. DEAN:  Well, sir, the rest of this investigation

 2   which has resulted in the grand jury hearing today is also as a

 3   result of her investigation, and it -- she apparently, I

 4   believe, is investigating something she has no authority to

 5   investigate.  And that's what this letter and the attached

 6   documents will clearly  substantiate.

 7            THE COURT:  Well, I will give you a chance to argue

 8   that, if you want, but again, the objection is sustained.  That

 9   has nothing really to do with why we are here today, and that

10   is whether you have any reason as a matter of law to justify

11   not providing the handwriting exemplars.  And she has served

12   the subpoena, she testified upon, which requires you to do

13   that, which is a legal subpoena.

14            DR. DEAN:  Yes, sir.  Of course, it's my contention

15   that this would establish the fact that she had no authority to

16   serve that subpoena with regard to subtitle A, Title 26, income

17   taxes.

18            THE COURT:  Any other questions of the witness?

19            DR. DEAN:  No, sir.

20            THE COURT:  Mr. Beard, any redirect?

21            MR. BEARD:  No, Your Honor.

22            THE COURT:  All right.  Mrs. Burgess, you may step

23   down.

24            MR. BEARD:  Government has no further witnesses, Your

25   Honor.

0017

 1            THE COURT:  Dr. Dean, do you have any witnesses you

 2   want to call?

 3            DR. DEAN:  No, sir.  I believe I have presented all my

 4   arguments.  I just would like to submit this document as an

 5   exhibit to the proceedings this morning.

 6            THE COURT:  Well, I don't know what that is, so you

 7   may need to testify as to foundation, whatever that is, and how

 8   it came into existence.  So if you want to testify about that,

 9   you may.

10            DR. DEAN:  Yes, sir.

11            MR. BEARD:  May it please?  Simply for the record.

12   Dr. Dean has refused repeatedly to retain an attorney.  Any

13   testimony -- he has been advised that he is the target of a

14   grand jury investigation.  Any testimony he may give may

15   incriminate him, and I would ask that he be reminded of his

16   rights.  I know The Court has done it before, but I would like

17   it specifically pointed out that any testimony he gives causes

18   problems for him.

19            DR. DEAN:  Your Honor, I -- I object to Mr. Beard's

20   characterization when he says that I refused to get an

21   attorney.  I have so far been unable to obtain meaningful

22   representation of counsel.  And I think that's much different

23   from refusing to hire an attorney, which no law requires me to

24   do.

25            THE COURT:  Well, let me advise you, first of all,

0018

 1   Dr. Dean, that this is a civil contempt proceeding.  And it

 2   also is a very particular civil contempt proceeding which I say

 3   deals with the matter of producing handwriting exemplars

 4   pursuant to a grand jury subpoena.  And as to that very limited

 5   and narrow area you are not entitled to have an attorney

 6   represent you because it's a civil proceeding.

 7            Now, what Mr. Beard has just advised me and you is

 8   that there is an underlying criminal investigation.  And to

 9   that extent you have the right not to incriminate yourself

10   under the Fifth Amendment.  And before you testify, you need to

11   be advised that anything that you say in this proceeding can be

12   and probably will be used against you.  And you have the right

13   to remain silent.  You don't have to testify at all.  And to

14   the extent that this is potentially a criminal proceeding, you

15   do have the right to have an attorney, have an attorney advise

16   you.  And at anytime you have the right to refuse questioning.

17   If questions are asked at anytime, you have the right to refuse

18   or to continue -- or to stop answering any question at anytime.

19   Do you understand that?

20            DR. DEAN:  Yes, sir.

21            THE COURT:  All right.

22            THE CLERK:  Stand and raise your right hand, please.

23                  WARD DEAN, DEFENSE WITNESS, SWORN

24            THE CLERK:  Do you solemnly swear that the testimony

25   you are about to give in this proceeding will be the truth, the

0019

 1   whole truth, and nothing but the truth, so help you God?

 2            THE WITNESS:  I do.

 3            THE CLERK:  Please have a seat.

 4            State your name and spell your last name for the

 5   record.

 6            THE WITNESS:  Ward Dean, D-E-A-N.

 7            THE CLERK:  Thank you.

 8            THE COURT:  All right.  And, Dr. Dean, you can tell us

 9   where you live for the record, please.

10            THE WITNESS:              Pensacola,

11  

12            THE COURT:  And I believe you already indicated are a

13   medical doctor, correct?

14            THE WITNESS:  Yes, sir.

15            THE COURT:  With respect to this matter that you want

16   to introduce into evidence, then, if you want to explain what

17   that is and --

18            THE WITNESS:  Yes, sir.  Well, it traces the entire

19   history of the relationship between the Internal Revenue

20   Service and the Bureau of Alcohol, Tobacco and Firearms, and

21   through the requirement for delegation orders published in the

22   Federal Register which clearly establish the authority and the

23   limits of authority of various employees, public officers and

24   officials of the government.

25            Throughout the entire Internal Revenue Code, the only

0020

 1   person who has been given any authority, and this is as a

 2   result of the 1954 tax code, is the Secretary, and that's the

 3   Secretary of the Treasury.  So any authority that any other

 4   agent or official in the Internal Revenue Service must have

 5   specific delegation orders originating from the secretary down

 6   through the chain of command.  And without these delegation

 7   orders, no one in the IRS has any particular authority.

 8         I have repeatedly -- I see Revenue Agent Wayne

 9   Jackson in the audience.  I have asked him for his delegation

10   orders.  He has refused.  I have written to his superior in

11   Jacksonville requesting his delegation orders.  I have never

12   gotten a response.

13            I have requested the delegation orders from

14   Ms. Burgess.  She has refused to comply.

15            And I have even requested the delegation orders from

16   Mr. Beard, and he has failed to comply as well.

17            Now, I do not believe that the crop insurance case is

18   as limited in scope with regard to financial matters as you

19   implied.  In fact, I've got a relevant copy of an extract from

20   the crop insurance case which basically states as I said

21   previously that we take a risk in any arrangement with the

22   government if we do not first establish that the government

23   officials, the agents of the government, have the authority to

24   do what they are trying to do.

25            This particular document, painstakingly through the

0021

 1   Federal Register, through statutes and through regulations,

 2   clearly shows that Internal Revenue special agents have no

 3   authority other than to enforce Title 27, Alcohol, Tobacco and

 4   Firearms statutes, and have no authority whatsoever to enforce

 5   Title 26, subtitle A, income tax laws.  And I think it's a

 6   cursory reading of this -- the letter is only nine pages, but

 7   it refers specifically to the Federal Register and to the

 8   regulations and to the statutes that support this contention.

 9            MR. BEARD:  Government would --

10            THE COURT:  Is this a document that you prepared, or is

11   this a copy of something that you obtained?

12            THE WITNESS:  It's a document that I prepared, sir.

13            THE COURT:  Anything else about that?

14            THE WITNESS:  No, sir.

15            All right, Mr. Beard, cross?

16            MR. BEARD:  Just to follow-up on The Court's question,

17   if I may, Your Honor.

18                          CROSS-EXAMINATION

19   BY MR. BEARD:

20   Q.  I understand you put this together.  You compiled it.

21   Where did you get the information?  Did you personally get the

22   information or did somebody provide it to you?

23   A.  I got it from many sources.

24   Q.  Did somebody provide it to you, sir?

25   A.  Well, obviously, I didn't write this.

0022

 1   Q.  Who provided to you the material that's the subject of this

 2   compilation?

 3   A.  Many sources.

 4   Q.  Can you give me some names, sir?

 5   A.  Library of Congress, from the Internet, from books that I

 6   had in my own files, from independent research.

 7   Q.  What individuals have provided you information relative

 8   to --

 9            MR. BEARD:  Well, that's another matter, Your Honor.

10   I withdraw the question and re-move that it's irrelevant to the

11   proceeding before this court.

12            THE COURT:  Well, it's of questionable relevance,

13   that's for sure, but I will make it a part of the record.  It

14   will be admitted as Defendant's Exhibit 1.

15       (Whereupon, Defense Exhibit 1 was received into evidence.)

16            THE