Day 024 - 15 Sep 94 - Page 31


     
     1        work went into the decision to distribute the July 3rd
     2        memorandum.
     3
     4        I conclude that they were intentionally deceiving the
     5        States of California and Texas when they told us they
     6        needed additional time so that they could then
     7        intentionally deceive the people of our country when they
     8        told them that this was something they had, in essence,
     9        come up with on their own when they put out their press
    10        release on July 7th 1986.  (Pause).
    11
    12   MR. MORRIS:  Could we ask for some guidance?
    13
    14   MR. JUSTICE BELL:  Yes.
    15
    16   MR. MORRIS:  There are a couple of letters that follow this,
    17        but to save time -- we do not really want to read them --
    18        could we note on the record they are in the documents?
    19
    20   MR. JUSTICE BELL:  Yes, I am aware they are there.  I have read
    21        them before.  I read them again yesterday.  You choose
    22        what you want to ask about, then Mr. Rampton will decide
    23        what he wants to ask about.  You will have an opportunity,
    24        if you wish, to re-examine.
    25
    26   MR. MORRIS:  Just for the record, the letters of July 23rd,
    27        Exhibit 4, from the Attorney General of Texas to
    28        Mr. Horwitz; July 30th 1986, Exhibit 5, from Gerald
    29        Rosberg to yourself and Mr. Sheldon, and the letter of
    30        July 21st 1986 from the Attorney General's office in
    31        California to Mr. Rosberg.  That is also on your behalf,
    32        that letter.  Just for the record, are they true
    33        documents?
    34        A.  Yes.  Although, if I heard you right, you referred to
    35        what is the August 5 letter as a July 21 letter.  But
    36        Exhibit 6 is the August 1986 letter that was sent on the
    37        letterhead of the California Attorney General, but on
    38        behalf of both the State of Texas and the State the
    39        California.  So that is a letter not signed by me but sent
    40        by me.
    41
    42   Q.   So far as you are concerned, it accurately represents your
    43        views, as does the July 23rd letter?
    44        A.  Absolutely.  And the Exhibit 6, August 5, is the one
    45        I have referred to earlier, saying it was the one that was
    46        responsive to Mr. Rosberg's July 21 letter that we have
    47        been discussing.  The July 23 letter, Exhibit 4 to my
    48        statement to Mr. Horwitz from me and the California
    49        Attorney General's office and the July 30 letter from
    50        Mr. Rosberg on behalf of McDonald's to myself and 
    51        Mr. Sheldon also are of a pair; they relate to each 
    52        other.  The July 21 and August 5 letters relate to each 
    53        other.  These copies are all true and correct copies and
    54        do reflect what we had taken positions on at that time.
    55
    56   Q.   Is there anything important from those letters or, indeed,
    57        about this whole issue that you would like to say to the
    58        court that you have not said?
    59
    60   MR. JUSTICE BELL:  This is the 1986 matters, because Ms. Steel

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