Stuprendan's Deposition: A creepy, defensive, bizarre and outrageous dead-eyed masterclass in privilege and mansplaining
Brendan Walsh's deposition broadcast from the carriage house of the Walsh family estate.
After nearly three years, Brendan Walsh sits for a deposition. He is the second member of the Walsh family deposed on this matter, with his mother's scheduled to follow on the same day. Brace yourself, and maybe get out some popcorn.
Brendan aka Dexter, aka Stewie, aka Stuprendan and his "attorney" Frank S. Moore put on quite a show. It's creepy, abusive, bizarre and outrageous. It is a masterclass in mansplaining and Westchester privilege broadcast from the "Carriage House" on the Walsh family estate. It is also pretty entertaining.
Throughout the three-hour deposition, Dad's attorney is constantly berated by Mr. Moore and Mr. Walsh for allegedly smiling, for asking too many questions, for not asking enough questions, for rushing, for taking too much time – the list of contradictory accusations is as long as the deposition itself. If you're looking for any substantive information from Brendan Walsh, you will need to "read between the lines."
[Update: Full deposition video added for verified members.]
Members - The following is for members of the site only, so please sign up and verify your identity if you'd like to read more about Stupredan's deposition.
Brendan Walsh April 23, 2021 NDT Assgn # 50597
THE VIDEOGRAPHER: We are on the record. The time is 1:08 p.m. Eastern Standard Time. The date is 4-23-2021. This is the beginning of the deposition of Brendan Walsh. The case caption is Russell v. Walsh.
THE VIDEOGRAPHER: Will counsel please introduce yourselves and state who you represent?
MS. LLAGUNO: My name is Joy Llaguno from the law firm Hook and Hook representing Plaintiff Stephen Russell.
MR. MOORE: My name is Frank Moore. I'm with the Law Office of Frank S. Moore. I am representing Brendan Walsh for purposes of his deposition today and solely in that capacity.
THE VIDEOGRAPHER: Our court reporter will now swear in the witness.
THE REPORTER: Thank you, Vincent.
THE REPORTER: Do you solemnly affirm under penalty of perjury that you are Brendan Walsh and that the testimony you are about to give will be the truth, the whole truth, and nothing but the truth?
MR. WALSH: Yes.
THE REPORTER: Thank you. Counsel, you may begin.
Q. I will try my best to speak slowly and clearly but let me know if you need me to repeat or rephrase a question. If you answer the question I will assume that you did understand it. Is that clear?
A. Yes.
Q. Please let me finish my questions before responding so we are not talking over each other, and Regan, our court reporter today can get a clear transcript. So even if you may know the question I'm trying to ask, if I stop you or interrupt, please don't be offended. I'm just trying to finish my question to ensure the court reporter can get a clear record. Do you understand?
A. Yes.
Q. If you don't know the answer to a question, please say so, but I'm entitled to your best estimate. Agreed?
A. Yes.
Q. So Mr. Walsh, have you ever been deposed before?
A. No.
Q. Okay. I'm going to share with you now what we're going to mark as Exhibit 1. It is your deposition notice. Can you see this document?
A. Yes.
Q. Do you recognize this document?
A. I don't have a current recollection of that.
Q. So you have not viewed your deposition subpoena?
A. I don't have a current recollection.
Q. And so you did not review these document requests attached as Attachment 3 to your deposition subpoena?
A. I do not have a current recollection.
Q. Do you see this document? Do you recognize this document, Mr. Walsh?
A. I have no current recollection of this document.
Q. Okay. Did you prepare this document?
A. I have no current recollection of preparing this document.
Q. Did you file this document?
A. I have no current recollection of filing this document.
Q. Did you authorize the filing of this document on your behalf?
A. I have no current recollection of filing this document on my behalf.
Q. Is this your signature on this page?
A. I have no current recollection of signing on that line you are showing.
Q. Do you know if this is your signature?
A. My signature varies depending on where I'm signing, how I'm signing.
Q. So did you sign this page?
A. I have no current recollection.
Q. Looking at this signature here today, could you tell me if it's your signature or not?
A. As I said, I need to know how this was signed. My signature can vary. It's certainly not consistent depending on how it's being signed, what device is being used.
Q. So you can neither confirm nor deny that this signature is your signature on this page?
A. Correct. (p. 24)
MR. MOORE: I've made many depositions. And I can tell you haven't. So let's move on and we'll see how you stumble through this. (p. 33)
MR. MOORE: Ask a question.
BY MS. LLAGUNO:
Q. I think you're on mute.
A. The only person who is slowing down the deposition is yourself.
Q. Thank you. I appreciate the commentary.
A. That was not a compliment in case you were confused. (p.34)
Q. Have you ever worked for Tara?
A. Your comments are meant to harass me. I will not answer private information.
Q. You believe my question have you ever worked for Tara is harassing?
A. I'm not answering private information and I do. You continually ask questions that are private information and despite the fact that I'm telling you private information you continue with the only intent to harass me. (p.35)
MS. LLAGUNO: Frank, I've told you repeatedly this is not a trial deposition.
MR. MOORE: No, no, no, no. Are you going to accept the stipulation? Because otherwise I'm going to object for each question. Will you accept the relevancy objection under both the Evidence Code of the Discovery Act as a standing objection? If not, I'm going to make them each time.
MS. LLAGUNO: Okay. You can make them each time.
MR. MOORE: I will.
MS. LLAGUNO: Your older sister, Brienne, testified that she lives in Savannah, Georgia now. How often do you speak with Brienne?
MR. MOORE: Objection; relevancy.
THE WITNESS: I don't believe you're pronouncing her name right. Please try again.
BY MS. LLAGUNO: Q. Can you tell me how --
A. You said it correctly the first time at the beginning of the deposition so just say it that way again. I'll see if you're pronouncing it correctly.
Q. Brienne.
A. Yes. Try that again. You said it earlier correctly. Just say it once more.
Q. I'm just going to continue if you're not going to tell me how to pronounce it.
A. Well, I can't answer. I don't know who you're referring to unless you can pronounce the name properly.
Q. Your older sister, Brienne Walsh.
A. Okay, can you say it again? You said it correctly the first time. Just say it once more, please.
Q. Can you repeat how you would like me to say it so we have an understanding of who I'm talking about?
A. Okay. You said it correctly the first time. Just say it one more time. I'll see if you're saying it correctly.
Q. Can you just say me how to say it correctly? We're taking up too much time at this deposition, and as you know, I don't want to bring you back a second time if we go over.
A. Okay. Ask your question again.
Q. Your older sister Brienne Walsh testified that she lives in Savannah, Georgia now. How often do you speak with her?
MR. MOORE: Assumes facts not in evidence.
THE WITNESS: I'm not answering private information.
BY MS. LLAGUNO: Q. Your sister Brienne Walsh testified at her deposition that she writes a personal blog called a Brie Grows in Brooklyn. Have you ever read her blog?
MR. MOORE: Objection; relevancy. Privacy.
BY MS. LLAGUNO: Q. You may respond, Mr. Walsh.
A. I have no current recollection.
Q. So you do not read it regularly?
A. I answered your question.
Q. I had a second follow-up question.
A. I have no current recollection.
MR. MOORE: If he doesn't recall, then how does he do it regularly? How does he not recall regularly? I don't understand the question.
THE WITNESS: She's clearly --
BY MS. LLAGUNO: Q. Okay. Brienne has also --
A. You continue -- can you record for the record that she continually is laughing at me and I find it offensive?
Q. I'm not laughing. I'm not laughing.
MR. MOORE: It's being recorded, so don't worry about it.
THE WITNESS: Okay. Because I find it very offensive. This is a stressful event and she continues to laugh.
MR. MOORE: I know.
MS. LLAGUNO: I'd like to note for the record I am not laughing. I did not --
THE WITNESS: Okay. The video shows you laughing on multiple occasions. So there's evidence. I appreciate that. Thank you, Frank, for letting me know.
MR. MOORE: Sure.
BY MS. LLAGUNO: Q. Brienne testified that -
A. You're smiling again. Can you please stop laughing?
Q. I'm not laughing. This is just my face. I apologize if you're offended by the status of my face. Brienne testified that in the past –
A. You're continuing to smile. Can you please stop laughing?
Q. Mr. Walsh, I am not smiling. I am speaking. This is just how I speak. Brienne testified that in the past your family has gotten angry with her over certain blog posts. Do you know if that's true?
A. No current recollection.
Q. Have you witnessed Tara engage in physical violence?
MR. MOORE: What does this have to do with this case, counsel? What does it have to do -- I want an offer of proof what this has to do with anything in this case.
MS. LLAGUNO: It's clearly relevant to Tara --
[...]
MS. LLAGUNO: Mr. Moore, please again refrain from --
MR. MOORE: I'm asking for an offer of proof.
MS. LLAGUNO: -- our position.
MR. MOORE: I'm asking for an offer of proof.
MS. LLAGUNO: And I just stated, our position is this is germane to Tara's character and credibility and it's relevant to the claim she stated in her discovery responses.
MR. MOORE: What claim? What claim is she making? She's not making a claim. Your client's made a claim, a dubious one at that.
MS. LLAGUNO: Your written discovery responses, Mr. Moore. Again, I kindly request that you stop your speaking objections and stop coaching the witness.
MR. MOORE: You know what? This is harassing. This is becoming very harassing. What is – what does a blog of his sister have to do about this case? What – just tell me. How does it – how does it relate to the disputed factual issues in the case?
MS. LLAGUNO: Simply state your relevance objection for the record --
MR. MOORE: No, I want an offer of proof.
MS. LLAGUNO: Please simply state your objection --
MR. MOORE: You're going to have to make an offer of proof in a motion to compel. You have to make an offer of proof in front of a judge. Come on. Get with it, man. You're supposed to be trying this case in a month or two. Come on. Let's see how you perform. Let's do it.
MS. LLAGUNO: I just stated our position, Mr. Moore.
MR. MOORE: I know. Your position is weak so why don't you come up with something better?
THE REPORTER: Can you guys --
MS. LLAGUNO: I'm sorry, Regan, I'm trying to not speak over him. Mr. Moore, just for the sake of the court reporter can you please not speak over me? I'm giving you the same respect --
MR. MOORE: Why don't you move onto something relevant, please.
MS. LLAGUNO: I'm giving you the same respect --
THE WITNESS: Is the court reporter allowed to make faces, too? I think that also is in the video reference. She continually makes faces and is expressing certain reactions to the testimony, like rolling her eyes right now.
MS. LLAGUNO: Only because --
THE REPORTER: I'm trying to follow the conversation, sir. And when you guys talk over each other I can't make heads or tails. So what I'm trying to do is follow it and that's --
THE WITNESS: Okay. Well, it's inappropriate for you to be rolling your eyes in response to certain questioning.
MR. MOORE: All right. Let's get back to the depo. Let's go.
BY MS. LLAGUNO: Q. Okay. Mr. Walsh, have you ever witnessed Tara engage in physically violent acts?
A. Say that again.
Q. Have you ever witnessed Tara engage in physically violent acts?
A. I'm sorry; can you please say that again?
Q. Have you ever witnessed Tara engage in physically violent acts?
A. You're cutting off at the last second. Please, can you say that again?
MS. LLAGUNO: Regan, are you able to hear me or is it on my end?
THE REPORTER: I can hear you.
MS. LLAGUNO: Could you please repeat the last question back to Mr. Walsh?
THE REPORTER: I'll play the recording. Just one second, please.
MS. LLAGUNO: Regan, I can --
(WHEREUPON, the reporter complied.)
MS. LLAGUNO: Regan, I'll just repeat it. Don't worry about it.
BY MS. LLAGUNO: Q. Mr. Walsh, have you witnessed Tara engage in physically violent acts?
MR. MOORE: Objection; relevancy.
BY MS. LLAGUNO: Q. Mr. Walsh, you can respond. I think you're muted, Mr. Walsh.
A. I'm not answering private information.
BY MS. LLAGUNO: Q. Brienne also wrote in her blog that Tara wanted a pet hamster. When she wasn't given one she -- I'm sorry. Brienne --
MR. MOORE: A pet hamster? Really?
BY MS. LLAGUNO:
Q. I'd like to know for the record --
A. Stop laughing. Thank you. I'm taking great insult that you continue to laugh.
Q. I wanted to point out on the record that Mr. Moore just laughed on the record.
A. He's my attorney -
MR. MOORE: I laughed at the --
THE WITNESS: He is not harassing me. You are harassing me and then proceeding to laugh.
BY MS. LLAGUNO Q. Mr. Walsh, I'm not trying to harass you.
MR. MOORE: A pet hamster is really to the level of harassment, so I'll take note of that.
BY MS. LLAGUNO: Q. Okay. Let me repeat my question since Mr. Walsh stated he couldn't hear it. Brienne also wrote in her blog --
A. I didn't say I didn't hear it. I heard that question very clearly.
Q. I didn't finish it though. I said scratch that. I wanted to rephrase it. Brienne also wrote in her blog that Tara wanted a pet hamster and when she wasn't given one
14 she purposely threw herself down a flight of stairs. Has Tara ever purposely hurt herself because she did not get something she wanted?
MR. MOORE: Objection; relevancy. Invasion of privacy. Harassing.
THE WITNESS: I'm not answering private information.
BY MS. LLAGUNO: Q. Has Tara to your knowledge ever threatened to hurt herself to get something she wanted?
MR. MOORE: Objection; relevancy. Invasion of privacy.
THE WITNESS: I'm not answering private information. (p.52)
THE WITNESS: Okay. And can you please stop smiling, too?
MS. LLAGUNO: I'm not. I'm taking the picture off the screen.
THE WITNESS: Okay. Well, I think anyone can judge your smiling --
MR. MOORE: I'm going to make --
THE WITNESS: -- and smirking --
MR. MOORE: I'm going to make a record because it's appropriate at this time to do so.
MS. LLAGUNO: Mr. Moore, I'd like to remind you -
MR. MOORE: So, no, no, no, no. I'm making a record. Just shut up. Shut up. I'm making a record. Okay?
MS. LLAGUNO: I'm speaking. I give you the same respect –
MR. MOORE: I'm not listening to you. I'm making a record.
MS. LLAGUNO: I give you --
MR. MOORE: I'm making a record.
MS. LLAGUNO: I give you the same respect --
MR. MOORE: I'm making a record.
MS. LLAGUNO: Mr. Moore, please. I give you the same respect. I let you finish – (p.57)
THE WITNESS: And Frank, I'd like --
MR. MOORE: I mean, this is really disgusting.
THE WITNESS: Frank, I would like to make-- I would like for the record -- I can answer your question. I would like for the record to note that I read through the text. I found it very distressing. And whatever her name is continued to keep it up and then at the last second was smirking. Now she's not but, of course, there's video evidence of that. I found it distressing and you refused to put it down. Are you going to let me speak or are you going to talk over me
MS. LLAGUNO: I want to represent to you that this was produced by Brianne --
THE WITNESS: Okay. So you're not letting me finish. So you're here to hear my voice -- oh, you're still talking over me. Are you going to let me finish or not?
MS. LLAGUNO: I didn't ask a question. So I can speak.
THE WITNESS: I was explaining something to you. Do you want to hear my testimony or do you want to just speak and harass me?
MS. LLAGUNO: No, you're able to say your response in response to my questions.
THE WITNESS: I just answered -- asked you a question. Do you want --
MS. LLAGUNO: I'm able –
THE WITNESS: And you did not answer it.
MS. LLAGUNO: Yes, I'll give you a moment if I can please finish my -
THE WITNESS: I asked you a question. I said, do you want to hear my testimony here today or do you want to harass me? That is a yes or no question.
MS. LLAGUNO: I do want to hear your testimony but I need to lay my foundation for the record that Brienne Walsh, your sister, produced this text message at her deposition.
THE WITNESS: Okay
MS. LLAGUNO: That's all.
MR. MOORE: It doesn't -- that doesn't --
THE WITNESS: Okay. That's a statement.
MR. MOORE: -- unwind anyone's invasion of privacy.
THE WITNESS: Yeah, she's backtracking because she knows that she's harassing me and she' -- after this question she's going to continue to harass me.
MR. MOORE: So let me make -- let me make a record here. I need to make this record. So the United States --
THE WITNESS: A judge will see all this.
MR. MOORE: Just hold on, Brendan. Let me make this statement. So the Supreme Court has recognized the right of familial rights to privacy in the case Prince v. Massachusetts 321 U.S. 158. The State of New York in the case Matter of a and M at 61 A.D. 2d 426, a 1978 case, also recognized the familial privilege between family members. The case of People v. Fitzgerald, another New York case, 101 Misc. 2d 712, New York County Court 1979 case extends the familial privilege to adult children.
MS. LLAGUNO: Mr. Moore, I appreciate --
MR. MOORE: No, no, no, no, no. I'm not finished. Just don't interrupt me. In Allstate Insurance Company v. Hague, a 1981 case, 449 U.S. 302, held that the Federal system contemplates that individual states may adopt distinct policies to protect their own residents. In People v. Conklin, a California case in 1974, R. Supreme Court at 12 Cal. 3d 259 held that Congress intended that the states be allowed to enact more restrictive laws designed to protect the right of privacy. In the case --
MS. LLAGUNO: Mr. Moore --
MR. MOORE: In the other -- shut up. Shut up. I am -- I'm not done. In Kearney v. Solomon Smith Barney, Inc.
MS. LLAGUNO: Mr. Moore, this is my deposition.
MR. MOORE: At 39 Cal. 4th 95, the --
MS. LLAGUNO: Mr. Moore?
MR. MOORE: -- the California Supreme Court has said in analyzing the choice of law issue, California courts apply the so-called government interest test under which a court carefully examines the government interests for purposes served by the applicable statute or rule of law of each of the affected jurisdictions to determine whether there is a true conflict. So in a case where New York law may apply, Kearney v. Solomon Smith Barney, Inc. at 39 Cal. 4th 95 has to take into account the New York State's rights of familial privacy.
MS. LLAGUNO: Got it.
MR. MOORE: Well established. So I'm making this record because I may not be the person who is representing parties going forward but I want anyone who has to review this record to know that not only is the right to privacy sacrosanct in New York but the familial rights of privacy has been recognized by the United States Supreme Court. And our state also has --
MS. LLAGUNO: Mr. Moore – (p. 62)
Q. Mr. Walsh, would you agree with your sister Brienne stating that Tara is "psychologically disturbed"?
MR. MOORE: Objection; relevancy.
THE WITNESS: I'm not answering private information.
MR. MOORE: Invasion of privacy.
BY MS. LLAGUNO: Q. Brienne also produced at her deposition text messages with Tara in which she called Tara "selfish" and "self-consumed." Do you agree that Tara is selfish?
MR. MOORE: Objection; relevancy. Invasion of privacy.
THE WITNESS: I'm not answering private information.
BY MS. LLAGUNO: Q. Would you agree that Tara is self-consumed?
MR. MOORE: Objection; relevancy. Invasion of privacy.
THE WITNESS: I'm not answering private information.
BY MS. LLAGUNO:
Q. Brienne also produced text messages in which she told Tara, "I'm sick of this victim act." I'm sorry. Scratch that and let me repeat it. Brienne Walsh also produced text messages in which she told Tara, "I'm sick of this victim act. Take some fucking responsibility." Would you agree that Tara plays a victim act?
MR. MOORE: Objection; relevancy. Impermissible character evidence. Invasion of privacy.
MS. LLAGUNO: I --
MR. MOORE: Do you really think you're going to get away with this in front of a judge? Really? I mean, come on. How many cases have you tried by the way?
MS. LLAGUNO: Please refrain with your speaking objections and insults, Mr. Moore.
MR. MOORE: I mean, you are really pathetic. Pathetic.
MS. LLAGUNO: Would you like to repeat that one more time? I didn't hear you.
MR. MOORE: Pathetic is what I said.
MS. LLAGUNO: Oh, okay. Thank you.
MR. MOORE: You're pathetic.
Q. Mr. Walsh, can you please answer the question?
MR. MOORE: No, he's not answering the question.
THE WITNESS: Did --
MS. LLAGUNO: Okay. So you're directing the --
THE WITNESS: You heard my response?
MS. LLAGUNO: Mr. Moore, you're directing your client not to respond?
MR. MOORE: No, no, he made a response. So listen to his response.
THE WITNESS: So I made a response and you won't accept my response? Okay.
MS. LLAGUNO: I didn't hear your response. I apologize. I didn't hear it. I think I might have talked over you, so I apologize. Can you please repeat it?
THE WITNESS: I'm not going to repeat something three times. Your intent is to harass me.
MS. LLAGUNO: Okay. Regan, the court reporter, I just want to confirm that you got that on the record, his response on the record. Then I won't re-ask the question. I just want to make sure our record is clear. Were you able to capture his response to my previous question?
THE REPORTER: No, I was not.
THE WITNESS: Okay. That sounds like that's something that is your problem to figure out.
BY MS. LLAGUNO: Q. So could you please repeat your response, Mr. Walsh?
A. I'm not going to answer a question already answered.
Q. It was not captured by the court reporter so I'd appreciate it if you repeated your response so she can get it on record.
Is that a no, Mr. Walsh?
A. Why would you assume that's a no?
Q. I didn't hear your response.
A. I am formulating a response but you're putting words in my mouth assuming that I'm going to say no. Can I ask you why you're doing that?
Q. It was silent for a few seconds so I wasn't sure if you wanted to respond or not.
A. Okay. So you're making assumptions?
MR. MOORE: She's testifying for you actually, so.
THE WITNESS: Exactly. So she's testifying for me, won't give me proper time to make a response, and smiling again.
BY MS. LLAGUNO: Q. I said, is that a no, with a question mark. I didn't say, "Mr. Brendan Walsh is stating no," Court Reporter. I said, I'm asking you, is that a no. Let's move on if you do not want to answer that question.
A. Okay. So you don't want an answer to that question?
Q. Okay. Sure. I welcome an answer to that question.
A. Okay. So there's no confusion, start at the very beginning.
Q. Would you agree that your sister Tara Walsh plays a victim act?
A. I believe that there was more to that question. Can you please ask the original question how it was originally phrased?
Q. I don't want to take up any more time. We can just move on if you don't want.
A. Well, you asked me to repeat the question at least three times so it seemed like it was a pretty important question. So can you please ask the question again as it was originally phrased?
Q. Would you agree that your sister Tara Walsh plays a victim act?
A. That was not the original question. There was more to it when you first asked it.
Q. I can't recall and I don't want to take up time having the court reporter --
A. Okay. You can have the court reporter play it back, please.
Q. I'm going to -- we're just going to move on. Thank you, though.
A. Okay. So just for the record --
MR. MOORE: She's withdrawn -- she's withdrawn the question. So go ahead and ask the next question.
BY MS. LLAGUNO: Q. Has Tara lied -- I'm sorry, scratch that. Has Tara ever lied about you to your knowledge?
THE WITNESS: I'm sorry, Frank, it's very hard. She keeps on changing and re-changing her questions.
MR. MOORE: I know. It's -- it's -- I don't know how she gets through life but, you know.
THE WITNESS: And I think this is just harassment because you're asking a question and then withdrawing it and saying scratch it constantly so it just makes me think you have no questions prepared and you're here at this session only to harass me.
MR. MOORE: Yeah, and the whole subject matter is just ridiculous. So, you know, I mean, why don't you ask a question about the case?
THE WITNESS: Yeah, that's why I'm here to testify and she refuses to ask any questions about it. She makes up questions on the whim.
MR. MOORE: I know, it's just really outrageous. If you could just ask a question that's germane to the case we could get done.
MS. LLAGUNO: And our position is these are all questions --
MR. MOORE: No, I know what your position -- your position is to harass this guy but that's you know, you're making a fine record for that, counsel. So just -- just continue your stuff. At some point we'll end it because you won't ask a question that's germane to the litigation.
MS. LLAGUNO: Okay.
THE WITNESS: So you have no question prepared. Can you please ask it? You said you want to finish this deposition as quickly as possible but you're not going with a question. Can you please not interrupt me, too?
MS. LLAGUNO: (Inaudible)
THE WITNESS: Okay. So you're interrupting me as we speak. You said that's what bothers you but as I'm trying to answer a question and speak you're interrupting me. So just please stop doing that, especially since my deposition is so important to you. Thank you.
THE WITNESS: Instead of asking the direct question of if I believe Tara is credible, she's asking 100 million questions to harass me.
MR. MOORE: That's right. It's all harassing.
THE WITNESS: The judge -- if your intent is to see if Tara is credible, I'm right here. You could ask that question. But you refuse to. Instead you're asking a million questions under the disguise of your purpose of just seeing if she's credible. If you wanted to make this a brief deposition you could ask questions that you directly want answers to but you won't do it because you want to ask 100 questions. More than 100. Tell me how many questions you have prepared. How many more questions do you have prepared? Just tell me that?
MR. MOORE: Yeah, why don't you ask him whether he has an opinion as whether his sister is credible. That's what you're trying to get.
MS. LLAGUNO: I actually --
MR. MOORE: Why do you have to front-load it with all these things that her sister said on a blog?
MS. LLAGUNO: Mr. Moore, this is my deposition. And I did ask him if he thought Tara was a liar and he didn't want to respond. So I'm asking other questions. Please refrain from your speaking objections. I do not want this to go like the last deposition where a quarter of the deposition was you speaking. Thank you.
MS. LLAGUNO: You can't tell me how to ask my questions. You can state your objection for the record.
MR. MOORE: You could ask, you know, improper questions and I can comment on them because that's what I'm going to do.
MS. LLAGUNO: Okay.
MR. MOORE: I'm objecting -- objecting to the form of the question.
MS. LLAGUNO: You can object to form but -
MR. MOORE: That's what I'm doing. Just why don't you formulate it that is a proper way?
BY MS. LLAGUNO: Q. Mr. Walsh, would you agree that you and Tara are close?
MR. MOORE: There you go. Very good.
(Clapping)
THE WITNESS: I'm not answering private questions about my personal relationships with family members.
MS. LLAGUNO: I just want to note for the record that Mr. Moore again is just waving insults. He just clapped at me for rephrasing a question and --
MR. MOORE: It was a direct question. Finally, we got to one. You don't have to front-load it with what other people testified to or what other people said or what your impressions are of the evidence. If you do that, if you just ask a basic question that was without all the editorial commentary we'd get through this.
MS. LLAGUNO: I can formulate the questions as I see fit. Please stop with your speaking objections.
MR. MOORE: You can and it's not admissible, so I'm sorry, that's the way -- that's why lawyers exist.
MS. LLAGUNO: Exactly. You can state your objection for the record --
MR. MOORE: That's what I'm doing. That's what I'm doing.
MS. LLAGUNO: Thank you, Mr. Moore
MR. MOORE: Move on.
MS. LLAGUNO: Yes, please. So Mr. Walsh never responded.
Q. Do you know what Tara is referring to when she says, "I went through Family Court and it destroyed my family forever"?
A. I have no current -- I have no current recollection of anything shown in this document.
MR. MOORE: I'll also object to the extent this invades various individuals' privacy including familial privacy.
MS. LLAGUNO: I'm going to represent that this was filed in a public court filing, but okay.
BY MS. LLAGUNO Q. Mr. Walsh, could you read the next text message out loud on that same center line?
A. Okay, this is personal information that is going to disturb me --
MR. MOORE: Yeah, I'm not going to have --
THE WITNESS: -- and read out loud. I mean, if you have a problem reading this
MR. MOORE: I'm not going to have him --
THE WITNESS: That sounds like a problem with you, not me. I don't need to read information that's personally upsetting.
MS. LLAGUNO: Okay --
THE WITNESS: That serves no intent --
MR. MOORE: He can read it to --
THE WITNESS: -- but to harass me.
MR. MOORE: He can read it to him -- he can read it to himself. He's not going to read it into the record.
BY MS. LLAGUNO: Q. That's fine. Could you please read it to yourself, Mr. Walsh
A. I told you before we started that I had reviewed the entire document so why are you telling me to read something I already read?
Q. I didn't realize you had read the entire document. I apologize.
A. Again, you should be listening to my responses. This is ridiculous.
THE WITNESS: Frank, I'm telling -- I told her and she refuses to accept anything I say.
MR. MOORE: I know.
Q. Mr. Walsh, do you recognize this document that I've marked as Exhibit 66?
A. I have no current recollection.
Q. Is your email address bxxxxx@me.com?
A. I have no current recollection of anything in this document.
Q. I'm not asking about the document. I'm asking about this email, if your email address was ever bxxxxx@me.com.
A. The email is included in the document and I said I have no current recollection of anything in the document. Do you understand my response?
Q. Okay. I'm pulling down the document. Mr. Walsh has your email address --
A. Okay. So again you've done it twice. So I told you I have no current recollection about anything in the document. Then you proceeded to ask me about something in the document and asked if I remembered it.
Q. Yes. Independently --
A. Okay. So why did you do it? You didn't accept the first question I gave -- answer I gave, rather?
Q. Has your email address ever been bxxxxx@me.com?
A. No current recollection. You're still asking. I said I had no current -- you've asked the same question three times now. I said I have no current recollection of anything in the document. Then you asked me again, is this your email? And then you asked me again, is this your email? I said I have no current recollection of anything listed in that document. Do you understand?
MS. LLAGUNO: Okay. I'm going to mark --
THE WITNESS: Okay. You're going to move on; right? But again, you asked four questions after I gave you an answer the first time.
Q. Okay. Have you ever spoken to Tara about her putting drugs in Russell's drinks without his knowledge or consent?
A. I have no current recollection.
Q. Do you know if Tara Walsh was afraid of Steve Russell?
A. I have no current recollection.
MS. LLAGUNO: Thank you for commentary, Mr. Walsh. I kindly request that you refrain from doing that. Thank you.
THE WITNESS: Okay. Refrain from what?
MS. LLAGUNO: So I'm going to move on.
BY MS. LLAGUNO: Q. So Tara has admitted --
A. I asked you a question. Can you please respond to it before you ask me another question?
Q. I'm sorry; that's not how depositions work, Mr. Walsh.
So my question was, Tara has admitted that on occasions she's put certain drugs into Steve Russell's drinks without him knowing it. Has Tara ever spoken to you about putting drugs in Steve Russell's drinks without him knowing?
MR. MOORE: He's asking you to repeat the last question
MS. LLAGUNO: Oh, I apologize.
THE WITNESS: Well, are you listening to me or not?
MS. LLAGUNO: I heard your response. You said you have no recollection so I moved on.
THE WITNESS: No, I paused because I wasn't sure what the previous question was and I said please repeat the last question. And then you asked a new question. So do you understand me when I said, can you please repeat the last question?
MS. LLAGUNO: Oh, now I understand. I guess I didn't hear you.
THE WITNESS: Oh, okay. So I have to speak that slowly for you to understand? That's unfortunate.
MS. LLAGUNO: Maybe a little louder because I can't hear as much. Sorry about that.
THE WITNESS: Okay. I've been speaking in that same voice the entire deposition and you seem to be hearing me very well.
MS. LLAGUNO: Okay. Thank you. Madam Reporter, could you repeat what the last question was?
THE WITNESS: He's asking you to ask a question, which is why you want me here. So why don't you ask your question?
MS. LLAGUNO: Not for me, for the court reporter, please stop speaking over me. I know you don't respect me but please respect Regan who is trying to get this on the record.
MR. MOORE: I certainly don't respect you at all. I find you disgusting asking the kind of questions you're doing and harassing this witness. So go ahead and continue on with your harassment. We want to hear the next question.
BY MS. LLAGUNO: Q. I don't believe I received a response from the last question. I stated, Tara declared to the court that she was living in the attic without any heat at your parents' home. Is that true?
BY MS. LLAGUNO: Q. Have you ever witnessed Steve Russell do anything towards Tara Walsh?
A. Do anything? Is that -- that's a real question? That seems kind of vague to me.
MR. MOORE: It is vague and overbroad. Can you narrow it to a time frame and to an incident?
MS. LLAGUNO: Yes.
THE WITNESS: You keep on apologizing so it just sounds like you're harassing. You can't ask a single straightforward question. So just ask questions that you're supposed to ask. Don't ask questions that you know you shouldn't be asking. You're asking questions and then apologizing as if you know that these questions are nonsensical.
MS. LLAGUNO: No, I'm just trying to rephrase it for your benefit.
THE WITNESS: Then why did you apologize? You're trying to rephrase a question that you know you shouldn't have asked?
MS. LLAGUNO: No, Mr. Walsh. And can you please stop with the commentary? I really am trying to get this deposition done within the next hour. I don't want to have to call you back --
THE WITNESS: Then stop asking questions repeatedly and stop asking questions that you shouldn't be asking.
BY MS. LLAGUNO: Q. Do you know if Tara spoke with anyone else in your family about drugging Steve without his knowledge or consent?
A. I have no recollection of that.
Q. Okay. Have you ever called the police on Stephen Russell?
A. If you have something that you'd like to refresh my memory with you can do that but please stop asking vague questions.
Q. I don't believe that's vague. Have you ever called --
A. Okay. If you have something that could refresh my memory, you're welcome to share it.
Q. No, I'm just asking you to your memory --
A. I answered your question. I said if you have something that you could refresh my memory with I am happy to see it.
Q. Okay. And your current memory, without me having to refresh it, do you remember ever having called the police on Stephen Russell?
A. So you're asking about my current memory which is what you asked the first time and I said I have no current recollection. If you have something you'd like to refresh my current memory with you would be happy -- I would be happy to see it.
Q. I think we may be confused on the questions. I'm asking if you --
A. I'm not confused at all. You seem to be confused.
Q. Independent of any document, I'm asking --
MR. MOORE: He answered -- he's already answered that question. He doesn't have a current recollection.
THE WITNESS: Please don't put words in my mouth. I'm not confused. If you're confused that's one thing but don't say that I'm confused.
MS. LLAGUNO: Okay. Noted.
BY MS. LLAGUNO: Q. Do you have any recollection of meeting Steve Russell in person?
MR. MOORE: It's been asked and answered.
BY MS. LLAGUNO: Q. You can respond, Mr. Walsh.
A. I answered the question.
Q. I don't believe you did. I believe I asked you if you ever communicated with Mr. Russell.
A. You're 100 percent sure I never answered that question?
Q. Would you humor me and please answer it again?
A. No, I'm not going to humor you. This is not a joke. Don't -- why would I humor you. This is not a light, you know, like a fun experience or a joke.
Q. I don't believe that you've answered that question. I asked you if you've ever communicated with Steve Russell and I'm asking --
A. Okay. So then say it that way. Don't say humor me as if you're taking this as some sort of joke.
Q. I'm not taking it as a joke. You just keep objecting to every single question and I want to make sure that I get answers to my questions.
A. Take better notes. Then you'll know whether I answered the question or not. I answered it.
Q. I'm going to ask again to stop being so argumentative. I really do want to finish. We're almost done. I have maybe four pages of questions left and --
A. Okay. So answer questions -- ask questions, rather, that you didn't already ask. I said I answered that question. That's my answer to you.
Q. I don't believe you answered it. Can you answer it again?
A. I'm not changing my response. So if you have no other questions then that's it. If you have other questions, ask them. I'm not changing my response to that question.
THE WITNESS: She knows she stands zero chance -- she's making --
MR. MOORE: I bet you -- I bet you -- I'll put money on it --
THE WITNESS: -- trying to harass me. So I took that as a threat. Are you threatening me that if I don't answer your questions in a certain way you're going to compel me to come back?
MS. LLAGUNO: Well, if we're not able to finish my questions --
THE WITNESS: I took that as a threat on top of all your harassment today.
MS. LLAGUNO: Okay.
Q. Okay. Do you remember an incident where you encountered Steve Russell and a court appointed visitation supervisor in September of 2019?
A. No current recollection.
Q. Okay. I'm going to show you now what we're going to mark as Exhibit 76
(WHEREUPON, Exhibit 76 was marked for identification.)
BY MS. LLAGUNO: Q. This is the Declaration of Claudette Lamelle. If you could please review the section of the document beginning with -- I'm sorry; do you recognize this document?
A. I have no current recollection of this document whatsoever.
Q. Okay. I'm representing to you this was a document filed by -- a declaration filed by Ms. Claudette Lamelle, the court appointed supervisor. Can you please review from where it says here "Mr. Russell initially"?
A. You'd like me to do what?
Q. Please read to yourself beginning from "Mr. Russell initially" up here on the top line. And let me know if you'd like to scroll down to the end of the paragraph, please.
[...]
Q. And does this account of the incident refresh your recollection of the incident
A. -- discussing a private incident that happened or did not happen within my family. This is something that you're -- based on the document it appears happened at my house. I'm not discussing any incidents that happened at my house that involved my family.
Q. Okay. Just I wanted to clarify. So you're refusing to answer based on --
A. No, I'm not refusing. I'm saying I'm invoking my right not to answer about private information. That is my answer. If I was refusing to answer it, I'd tell you I'm refusing to answer.
Q. Okay.
A. I have a right not to answer private information about discussions and events that happen between me and my family that the public would not know that happened on our property within the confines of our home.
Q. So Ms. Claudette Lamelle, the declarant of this account, described the incident -
A. I have no current recollection of who that is. Remind me who that is.
Q. She's the court-appointed supervisor.
A. I have no current recollection of that. So you can ask me about her but I have no current recollection who she is.
Q. Okay.
MR. MOORE: Again, this line of questioning is -- I don't see the relevance to the
THE WITNESS: And you want me to talk about a person I have no idea who she is?
[...]
BY MS. LLAGUNO: Q. Did you know that Tara filed a police report --
A. Okay? That's okay with you that you're harassing me?
Q. I just want to finish this deposition. Can I just continue with the questions?
A. You can't continue to harass me.
Q. Did you know that Tara filed a police report stating that Stephen Russell came to your house?
A. You're asking me -- you're asking me questions that, again, I have no recollection of and that don't involve me at all.
Q. Okay. So just a simple yes or no would suffice, Mr. Walsh. Do you remember or do you not know?
A. I answered your question. It doesn't – no, it's not a yes or a no. A yes or a no would be if I had a recollection or I did not have a recollection. I said I do not have a current recollection. How is that not a sufficient answer?
Q. Okay. And did you know that Tara filed a declaration with the court stating that Steve Russell came to your house to threaten you?
A. I would like to remind you that I have absolutely nothing to do with what Tara did or did not file. I'm not involved in it at all.
Q. You were involved in the incident according to Ms. Lamelle and I'm just trying to get to the bottom of --
MR. MOORE: You know what? You're not a witness, counsel. You don't get to say what the evidence is --
THE WITNESS: Yeah, she's assuming --
MR. MOORE: -- in this case --
THE WITNESS: She's testifying for me.
MR. MOORE: Right. So just ask a question and stop trying to pepper the record with your opinion of what the evidence is in this case. You're actually summarizing things in other cases that have nothing to do with the gravamen of your client's claim in this case.
MS. LLAGUNO: You know that is fairly, squarely within the scope of discovery.
MR. MOORE: It certainly is not. And it certainly isn't when you're trying to preserve for trial testimony.
THE WITNESS: This is -
MS. LLAGUNO: I've repeated multiple times --
THE WITNESS: -- so grateful that a judge gets to see this because hopefully she could be disbarred or sanctioned.
MS. LLAGUNO: Right. Mr. Moore, I've repeated multiple times this is not a trial deposition. This is a discovery deposition.
[...]
THE WITNESS: She doesn't know what the hell is going on.
MS. LLAGUNO: We expressly reserved our right for the ability to use it at trial if it is deemed admissible. But I'm not -- we never noticed this as a trial deposition.
MR. MOORE: But one of the things that you don't seem to grasp, okay --
THE WITNESS: So you're just doing this to harass me, not use this at trial?
MS. LLAGUNO: We only have --
THE WITNESS: Got it.
MR. MOORE: One of the things that you don't seem to grasp is that --
MS. LLAGUNO: Mr. Moore --
MR. MOORE: -- this deponent is outside of --
THE WITNESS: (Inaudible)
MR. MOORE: -- the jurisdiction of California.
MS. LLAGUNO: We only have 20 minutes left and I'd like to finish my deposition. I do not want to have to --
MR. MOORE: I'm making a record, counsel. I'm making a record.
MS. LLAGUNO: You've been making a record --
BY MS. LLAGUNO: Q. Did Tara ever tell you she believed Steve Russell had a gun in their house?
A. Do you want me to answer that question? Because you never waited --
MR. MOORE: Same objections.
THE WITNESS: -- for my response. You just asked a new question without ever me responding to the first one.
MR. MOORE: Yeah, but that's, you know what? That's her problem. So just let her go with the next question.
THE WITNESS: Yeah, I guess you just asked that question to harass me because you're asking a question you didn't want an answer for because you asked a new one.
MR. MOORE: This is a very -- that's a very good observation.
THE WITNESS: Stop apologizing. It's – if you make a mistake one time that's an apology. If you keep harassing me it doesn't matter if you keep apologizing. Apologies mean nothing if you continue to do what you're doing.
MS. LLAGUNO: Mr. Walsh, I'm not trying to harass you. I'm just trying to get through this deposition. You --
THE WITNESS: Well, then don't harass me and don't harass me and then apologize every five seconds because if you're apologizing every time you harass me the apologies mean nothing. They're insincere. So don't even bother to apologize.
MS. LLAGUNO: I don't believe I'm harassing you. I'm trying to get through this deposition and just ask questions. Please refrain from the additional commentary because --
MR. MOORE: Please ask another question, please.
THE WITNESS: Yeah. You're going on a tirade, a speech again. And you can't stick to the questions because you have no real questions. You just want to make commentary and speeches. So like make -- ask a question
BY MS. LLAGUNO: Q. Did Tara Walsh ever tell you that she believed Steve Russell had a gun in their house?
A. I'm not discussing private information.
Q. Do you see this document, Mr. Walsh?
A. I can.
Q. In this document Tara texts -- this is – I'm sorry, this is a text message that Brienne produced at her deposition. In this text message Tara Walsh texted her, "I'm going all out and Brendan is going to help me." The next exhibit that I'm going to show you is a continuation of this text message. I'm going to mark that as Exhibit 74.
MS. LLAGUNO: I'm sorry, Court Reporter, it's pre-marked as Exhibit 30 already. Apologies.
BY MS. LLAGUNO:
Q. So this exhibit is pre-marked as Exhibit 30. Can you see this document, Mr. Walsh?
A. Yes.
Q. In this text message that Brienne produced at her deposition, Tara Walsh texts Brienne Walsh, "I'm going all out and Brendan is going to help me." Did Tara ever ask you to help her go all out?
MR. MOORE: Objection; relevancy. Assumes facts not in evidence.
THE WITNESS: I'm not discussing private information.
BY MS. LLAGUNO: Q. Okay. Have you ever helped Tara take any action against Steve Russell?
A. I'm not discussing private information.
THE WITNESS: Well, go ahead and finish it. You're pressed for time and you won't go ahead and ask your questions. Go ahead and ask the questions.
MS. LLAGUNO: I'd like to note for the record that your improper speaking objections have taken up the majority of --
THE WITNESS: Ask your question. You keep on going on tirades but you said you're on limited time and you won't ask your questions. Ask your questions.
MS. LLAGUNO: I'm able to make a record for my deposition.
THE WITNESS: Okay. You're still -- you're still not asking questions which leads me to believe you don't have any. Ask the next question. Again, you're smiling which is so -- it's so distressing to me.
MS. LLAGUNO: I'd like -- I am talking. I'd like to kindly request --
THE WITNESS: You were smiling.
MS. LLAGUNO: This is just how I talk. You can get the video. I don't mind submitting the video to the court.
THE WITNESS: We all have the video. Yes.The smirking is -- I don't smirk when I'm talking. I haven't smirked the entire time. People don't - talking doesn't involve smirking. There's a difference.
MS. LLAGUNO: Mr. Walsh -- both Mr. Walsh and Mr. Moore, please, I'd like to get through this deposition. Can you --
THE WITNESS: Well, ask your next question. I'm ready. We've been waiting for it and you won't ask it. You keep on making speeches.
MS. LLAGUNO: I believe your counsel is the one making speeches. I can talk as much as I like --
THE WITNESS: Please just ask your next question. Ask the next question.
MS. LLAGUNO: Mr. Walsh, can you please not scream at me on the record. I'd really appreciate it. I'd really like to keep --
THE WITNESS: The problem is in the past 25 you said you weren't able to hear me so I don't know if you're hearing anything I'm saying so I want to make sure that it's very loud because I'm asking you to ask the next question and you're not asking it. So do you hear me?
MS. LLAGUNO: Mr. Moore --
MR. MOORE: It ain't working.
THE WITNESS: Excuse me, ma'am. I'm going to answer your question. Instead of getting into an argument you'd like an answer; right?
BY MS. LLAGUNO: Q. Sure.
A. Not discussing private information.
Q. Got it. I'd like to state for the record we believe this goes towards Tara's credibility.
A. Ask your next question. We don't need your --
MR. MOORE: Yeah, we don't need your -- we don't need your speeches. We know exactly what you're doing. We know exactly what you're doing.
MS. LLAGUNO: I actually can make a record.
THE WITNESS: Move on to the next one.
MS. LLAGUNO: I'd like to make a record stating that this goes to Tara's credibility. She stated in her discovery responses --
MR. MOORE: No, it doesn't. No, it doesn't. Move on. Ask the next question.
MS. LLAGUNO: Mr. Moore, I'd really appreciate you stopping this abusive behavior.
MR. MOORE: Ask the next question. Just ask a question. Don't -- don't argue with me. Just use your time appropriately. Ask a question.
THE WITNESS: You're harassing me.
MS. LLAGUNO: Please stop screaming. I'm trying to get through my deposition.
THE WITNESS: Did you say complaining --
MR. MOORE: You're not doing a very good job of it.
MS. LLAGUNO: Could you repeat that again, Mr. Moore?
MR. MOORE: You're not doing a very good job of it.
MS. LLAGUNO: Okay. Noted.
MR. MOORE: You're wasting our time.
MS. LLAGUNO: As Mr. Moore scheduled himself, there is another deposition coming up in two minutes. So I'm going to have to adjourn this deposition and continue it.
MR. MOORE: No, you're not.
MS. LLAGUNO: I reserve the --
MR. MOORE: No, you're not. You're going to continue. We'll start the other one late.
MS. LLAGUNO: I reserve the right to continue this deposition for another time.
MR. MOORE: You don't reserve any right. You don't have any right. Finish your deposition. You've been wasting our time.
MS. LLAGUNO: Mr. Moore, you're the one who told me to start the next deposition at --
MR. MOORE: Wasting our time, again. Arguing. You know, just ask your question. I want the record to reflect that you're just wasting our time. So keep wasting our time with your next question.
MS. LLAGUNO: Regan and Vincent, could you please conclude this deposition so that we may prepare for the next deposition that's --
MR. MOORE: Ask your question.
THE WITNESS: Okay. I'm available now to do your deposition and you are ending it.
MR. MOORE: That's right. So you better -- you better finish. You better do it now.
MS. LLAGUNO: Mr. Moore, will you stipulate --
MR. MOORE: She's got no questions. It's over. We consider this deposition over. You'll need a court order, counsel. Go for it. We have a good record. I'm done.
MS. LLAGUNO: Great. I'd like to state on the record for this deposition that based on counsel's conduct similar to the prior deposition of numerous speaking objections, taking up time on the record and coaching the witness, laying basis objections --
MR. MOORE: Coaching the witness? You are misrepresenting the record.
THE REPORTER: Can we please let her finish her statement, please?
MS. LLAGUNO: Please let me finish, Mr. Moore. I always let you finish. I let you speak --
MR. MOORE: No, you don't. You argue over me all the time. So what are you talking about?
THE WITNESS: And argue over me, too. And insult me.
MS. LLAGUNO: I do not --
MR. MOORE: So we're adjourned. You asked to be adjourned. We're done. Let's leave. Goodbye.
THE WITNESS: I'm with you.
MS. LLAGUNO: I had no intention of insulting you. Court Reporter, let me -- can I lay my record? I know the deponent already left but I just wanted to complete my record that based on counsel and deponent's conduct, I believe they're obstructing this deposition based on their speaking objections and just their conduct of insults and long narratives taking up the time during this very brief deposition. Mr. Moore provided a three-hour window that the deponent could appear and I specifically stated in an email to Mr. Moore that we are entitled to seven hours and if he's only going to produce them for three hours there may be a chance, although I'm going to try my best not to need a second day, that we were going to need to continue the deposition to a second day. Despite that, Mr. Moore requested that I notice a second deposition today that was supposed to begin at 4:00 p.m. for Maura Walsh and did not want to stipulate to another date so that we may continue this deposition of Brendan Walsh, and that is why I'm forced to adjourn so I can make sure that I appear at the next noticed deposition. Thank you so much. With that I just want to adjourn. Thank you for your time, Regan and Vincent.
THE VIDEOGRAPHER: Okay. All right. This is the end of the deposition. And the time is 4:08 p.m. and we are off the record.
(WHEREUPON, at 4:08 p.m., the deposition of BRENDAN WALSH concluded.)
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