Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
2Activity
0 of .
Results for:
No results containing your search query
P. 1
Scarcelli deposition

Scarcelli deposition

Ratings: (0)|Views: 1,340|Likes:
Published by thisdog
Deposition of Rosa Scarcelli on campaign and Cutler Files, Bailey's relationship with campaign and her company.
Deposition of Rosa Scarcelli on campaign and Cutler Files, Bailey's relationship with campaign and her company.

More info:

Published by: thisdog on Feb 09, 2012
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

02/09/2012

pdf

text

original

 
Rosa
Scarcelli
-
10/24/11
8
9
10
11
12
13
14
151617
19
20
22
23
24
LINITED
STATES
DISTRICTCOURT
FOR
THE
DISTRICT
QF
MAINE
DENNIS
BAILEY,
Plaintiff
)
Civil
No.
)
1'i11-cv-00179-JAW
)
V.
))
STATEOF
MAINE
COMMISSION
ON
)
GOVERNMENTAL
ETHICS
AND)
ELECTION
PRACTICES,
et
al.,
)
Defendants
)
APPEARANCES.MELISSA
A.
HEWEY,
ESQ.
DAVID
M.
KALLIN,
ESQ.
PHYi
LIS
GARDINER,
ESQ,
GREGORY
IM,
ESQ.
JONATHAN
WAYNE,
ESQ.
JOHN
M.R,
PATERSON,
ESQ,
MICHAEL
A.
NELSON,
ESCI
Colleen
A.
DiPierro
DIPierro
Reporting,
LLC
220
Pine
Street
South
Portland,
ME
04106
207-767-5330
CONFIDENTIAL»
SUBJECT
TO
PROTECTIVE
ORDER
DEPOSITION
OF
ROSA
W.
SCARCELLI,takenbefore
Colleen
A.
DiPierro,
RMR,
CRR,
pursuant
to
noticedated
October
20,
2011,
at
the
law
offices
of
Drummond,
Woodsum
&
MacMahon,
84
Marginal
Way,
Portland,Maine,
on
October
24,
2011,
commencing
at
3:03
P.M.
20
24
STIPULATIQNS
It
is
hereby
agreed
byand
between
theparties
that
signature
is
not
waived,
ROSA
SCARCELLI,
having
been
duly
sworn
by
the
Notary
Public,
wasexamined
andtestified
as
follows:
EXAMINATIQN-BY
ATTY.
HEWEY:
g.
Your
name
is
Rosa
Scarcelli?
A.
Yes.
g.
And
you'e
marned
to
Thorn
Rhoads&
A.
Yes.
Q.
And
you
were
a
candidate
for
governor
during
the
2000
when
were
you
a
candidatefor
governor~
A.
The
2010
cycle
Pnmary
it
was
in
2009
and
2010.
g.
Okay.
Yourdeposition
has
comesortof
late
in
the
day,
so
I'm
going
to
try
to
be
as
brief
as
I
can.
If
I
talk
too
fast
I'l
know
it.
Very
bnefiy,
theground
rulesof
a
deposition
are
simple.
The
lawyersand
someof
thelawyers
in
the
room
will
be
asking
you
some
questions
For
that
reason
it's
important
thatyou
answer
in
words
andnot
by
nodding
or
shakingyour
head
or
making
gestures,
It
is
also
important
that
you
try
to
let
us
finish
questionsbefore
you
begin
an
answer,
and
we,
in
turn,
will
try
to
do
the
same
foryou.
Finely,
most
CONFIDENTIAL-
SUBJECT
TOPROTECTIVEORDER
INDEX
Deponent:
ROSA
W.SCARCELLI
Examination
by;
Page
ATTY.
HEWEY
ATTY,
GARD'NER
2
79
importantly,
it's
important
that
you
only
answer
questions
thatyou
know
the
answer
to
and
that
you
10
12
Number
78
79
80
81
83
85
86
87
88
8990
EXHIBITS
Page
escnptionGroup
of
Checks
Email
String.
7/10/11
Email
String,
10/28/10
Email
String,
Scarcelli
and
Bailey,
9/14/10
Emailto
Baileyand
Rhoads
from
Scarceili,
'I
2/29/10
Bangor
Daily
News
Article
Posted
1/27/11
EmailString,
Scarceffi,
Rhoads
and
Bailey,
1/6/11-1/?/11
Email
Stnng,
Scarcelli
and
Rhoads,1/19/11
Email
String,
1/19/11,Scarcelli
and
Rhoads
Email
Stnng,1/18/11
Email
String,1/25/11
EmailString,
1/7/11
Email
String,
7/1/10
6
42
49
52
53
66
72
73
7575
83
92
10
14
understand.
If
I
ask
you
something
you
don'
understand,letme
know
andI'l
be
glad
to
rephrase
it,
okay?
A.
Yes.
MR,
NELSON:Mekssa,
do
we
have
a
confidentiality
order
signed?
MS.
HEWEY:
Well,
there
is
a
contidentiality
order.
You
can
sign
it,
Canwe
do
itaffer
ate
breakrather
than
right
now~
MR.
NELSON:
Okay.
And
are
you
going
to
show
some
documents
today
that
are
at
least
subject
to
some
confidentiality
claim?
15
20
23
25
(Exhibits
77-90
included
in
onginal
copy
and
Mr.
Paterson's
transcript.)
19
20
21
24
MS.
HEWEY:
Yes,
MR.
NELSON:
Thenthedeposition
oughtto
be
at
least
within
the
scope
of
the
orderunless
someone
says
it's
not
MS.
HEWEY:
The
order
provides
that
the
deposition
will
be
confidential
unlesssome
amount
of
days
someone
designates
it
something
else,so
we'lkeep
it
confidential
at
least
initially,
MR.
NELSON:Great,
And
we'l
sign
the
order
when
we'e
done,
MS.
HEWEY:
We'l
sign
the
order
afterwards,CONFIDENTIAL-
SUBJECT
TO
PROTECTIVEORDER
CONFIDENTIAL
SUBJECT
TOPROTECTIVEORDER
DiPierro
Reporting
Page
1
to
4
of
114
Case 1:11-cv-00179-NT Document 70-11 Filed 02/08/12 Page 1 of 14 PageID #: 1913
 
Bailey
v.
Stateof
Maine,
et
al.
that
hat
were
provided,
you'l
see
that
Stanfordmade
a
payment
of
$
3500
in
February
of
'09
and
then
$
12,000
in
April
of
'09.
I'm
wondering
if
youknow
the
reason
for
the
significant
increase
in
payments
from
Februaryto
April7
A.
I
don't
know,
Q.
Do
youknow
what
Dennis
Bailey
and/or
SavvyIncorporated
were
doingfor
your
company
in
February
2009'?
A.
I
don't
know.
Q.
Do
youknow
what
DennisBaiiey
and/or
SavvyIncorporated
were
doingfor
your
company
in
April
of
'09?
A.
I
don't
know.
14
A.
A.
A.
A.
Q.
Yes'?
Rosa
Scarcelli
-
10/24/11
11
That
company
being
StanfordManagement7
Yes,
Yes.
Now,
at
some
point
Mr,
Bailey's
attention
turned
from
doing
promotional
work
forStanfordManagement
to
work
for
Rosa
Scarcelli
individually,
correct7
He
worked
for
the
campaign.
Okay.
And
when
was
it
that
the
focus
turned
from
the
company
to
the
campaign?
It
would
have
been
in
thesummer
of
2009,
Okay.
And
was
that--
was
there
a
specific
date
and
time
when
that
occurred
or
did
it
sortof
happenover
time?
151617
18
19
20
21
22
23
24
25
2
3
45678
910
Q.
And
would
it
be
fair
to
say
that
you
you
didn't
have
any
knowledge
during
theentire
time
that
Savvy
Incorporated
workedfor
Stanford
precisely
what
the
company
was
doing
for
you7
Did
you
have
a
general
sort
ofoverview?
A.
Thecompany
beingwhat
Savvy
was
doing
for
me'?
Q.
Yes.
A.
I
have
a
generalidea,
based
on
our
contract,
what
he
was
doing,
but
I
wouldn't
havegotten
those
invoices.
That's
notwhat
I
do.
Q.
Okay,
You
don't
get
the
invoices?
CONFIDENTIAL-
SUBJECT
TGPROTECTIVE
ORDER
10
A.
No.
Q.
But
you
would
be
interacting
with
Mr.
Bailey
and/or
Savvy
employees
as
they
put
together
whatever
promotional
materials
they
were
doing,
right'
A.
I
vvould
have
some
awarenessof
what
he
was
doing,
Q.
Because
ultimately
when
you'e
talking
about
a
publicity
campaign,
you
as
the
head
ofcompany
wouldwant
to
be
the
person
who
would
be
aware
of
and
approveof
the
message
that
was
getting
sent
out,
right7
A.
That's
correct.
However,
there
are
lots
of
other
15
16
17
18
19
20
21
22
23
24
9
10
A.
Q.
A.
lt
would
have
been
in
theearly
summerof
2009.
Okay.
And
but
my
question
is
more
did
you
say,okay,
Dennis,
stop
doingwhat
you'e
doing
forStanford
and
start
working
for
Rosa
For
Maine
or
was
it
sort
of
a
more
organic
thing?
lt
was
a
very,
very
clear
stop
and
start
point
where
heworked
torthe
campaign,
because
he
had
had
deadlines
and
did
not
do
any
work
for
thecampaign
until
after
that
time,
so
and
I
think
that'sactually
July
of
2009.
Okay.
So
wasthere
a
time
when
you
specifically
said,
CONFIDENTIAL-
SUBJECT
TG
PROTECTIVEORDER
Dennis,
I
want
you
to
have
a
role
in
my
campaign?
I
have
no
recollection
of
a
specific
time
having
that
conversation.
Did
you
talk
to
him
about
whether
or
not
you
should
i'un?
Yes.
Anddid
you
talk
to
him
aboutthat
once
or
on
many
occasions
or
how
did
that
work?
MR.
NELSON:
Areyou
talking
about
thesummer
of
2009—
13
1415
161718
19
20
21
22
things
thatDennis
was
doing
and
that
I
might
not
have
been
involved
in.
Q.
Okay.
So
the
overall
message
you
would
have
been
invoived
in.
What
types
of
things
was
he
doing
that
you
might
not
have
been
involved
in'
A.
Youknow,
if
he
was
trying
to
getplacements
in
newspapers
or
other
things
of
thatnature,
I
wouldn'
have
understood
what
he
was
doingbehind
the
scenes.
Q.
Okay,
Would
it
be
was
it
your
sense
that
you
were
the
person
he
was
primarily
communicating
with
at
Stanford
while
Savvy,
Inc,
was
doing
business--
A.
Yes,23
Q.
Okay.You
have
to
wait
until
I
finish
the
question.
24
A.
Sorry.
25
Q.
while
Savvy,lnc.
was
doing
work
forthat
company7
CONFIDENTIAL-
SUBJECT'G
PROTECTIVE
ORDER
DiPierro
Reporting
Page
9
to
12
13
MS,
HEWEY:
Yes,
MR.
NELSON:
or
any
time7Summer
of
2009?
1516
17
18
19
20
21
22
23
24
A.
g.
A.
A.
BY
MS.
HEWEY:
Or
anytime,
I
have
had
spoke
to
Dennis
about.
whether
or
not
I
should
run
for
governor,
yes.
Okay.
And
heencouraged
you
to
do
so?
Yes.
Anddid
you
talk
to
him
before
talking
to
him
about
running
for
governorabout
maybe
running
formayor
orotherpositions
that
youmight
take?
No,
I
talked
to
Dennis
about
helping
with
the
Charter
Commission.
25
Q.
Okay.
Did
you
ever
talk
to
him
about
your
potentially
CONFIDENTIAL-
SUBJECT
TO
PROTECTIVEORDER
i2
Of
XX4
Case 1:11-cv-00179-NT Document 70-11 Filed 02/08/12 Page 2 of 14 PageID #: 1914
 
Bailey
v.
State
of
Maine,
et
al.
Rosa
Scarcelli
-
30/24/
i1
15
10
ll
12
13
14
151617
1819
20
21
22
23
24
25
A.
g.
A.
A.
Q.
A.
A.
running
for
mayor?
Not
tothe
best
of
my
knowledge.
Okay.
In
terms
of
the
work
for
Rosa
For
Maine,we
have
also
here
an
agreement
for
services
that's
been
marked
as
Deposition
Exhibit
3.
That
is
an
agreement
that
is
not
signed,
Do
youknow
if
the
f
an
agreement
between
RosaFor
Maineand
SavvyIncorporated
was
ever
signed7
i
donot
know.
Did
you
have
you
or
anybody
on
your
behalf
attempted
to
locate
asigned
document7
My
compliancemanager
for
my
campaign,
Charlie
Heeley,
is
in
graduate
school,
and
all
of
the
documents
are
in
his
mother's
basement
in
New
Jersey.
Okay.
So
you
would
assume,
if
that
document
exists,
it
would
probably
be
in
New
Jersey
in
a
basement?
Correct.
You'lnotice,
I
think,
that
that
document,
Exhibit
3,
is
dated
as
ofSeptember
2009?
Yes.
Do
you
see
that?
Uhm-uhrn,
And
uhm-uhm
means
yes7
Yes.
Sorry.
Okay.
And
so
did
Dennis
Baileyand
SavvyIncorporated
CONFIDENTIAL-
SUBJECT
TG
PROTECTIVEORDER
14
67
8
9
10
11
12
13
14
151617
1819
20
21
22
23
24
A.
A.A.
A.
Q.
A.
VVould
you
also
agree
with
that
characterization7That's
fine,
I
don't
think
therewas
a
formal
title.
That's
fine.
I'm
just
did
n
terms
of
publicity
issues,
was
he
the
person
who
was
primarily
involved
with
that
as
well?
I
would
call
it
communications
butpublicity
is
a
fine
way
to
describe
it,
I
suppose.
And
did
hehave
a
fair
amount
of
independent
authority
to
o
do
things
or
did
he
need
to
check
in
with
you
anytime
he
hetook
any
did
any
anything
for
the
campaign?
He
didn't
check
in
with
me
oneverything
he
did
with
the
campaign
by
any
stretch
so
therewas
he
intent
was
to
have
coordination
with
my
campaign
manager.
Okay,
So
he
wouldwork
with
thecampaign
manager
as
well
as
yourself
and
others?Correct.
Butgenerally
when
it
came
to
communication,he
hadthe
authority
to
make
decisions
himself'
I
think
that's
fair
to
say.
Okay.
Okay.
When
was
it
to
your
memorythatthe
notion
of
creatinga
blog
about
EliotCutler
first
carne
up?
I
wasn't
aware
of
a
blog
about
Eliot
Cutler
until
the
fall
of
2010.
CONFIDENTIAL-
SUBJECT
TOPROTECTIVEORDER
16
4
56
78
9
11
12
13
141516
17
1018
19
20
21
22
23
24
A.
Q.
A.
Q.
A.
Q.
A.
Q.
A.
not
start
working
for
the
RosaFor
Maine
campaign
until
September
of
20097
Not
formally.
Okay.
Did
Dennis
Bailey
and/or
Savvy,
Inc.start
working
forthe
Rosa
For
Maine
campaign
informally
before
September
of
'09?
Dennis
provided
have
to
look
at
the
timeline,
but
I
believe
I
launched
my
campaign
officially
the
15th
of
July,
and
Dennis
would
have
provided
someservices
related
to
the
launchandthen
nothingreally
happened
until
the
fall
of
2009.
There's
no
really
campaign
to
speakof.
Okay.
While
the
campaign
was
ongoing,what
was
DennisBailey's
role?
He
was
communications
and
strategy.
Did
he
have
a
title?
Not
that
I
can
recall.
Did
who
did
he
report
to?
He
worked
with
my
campaign
manager
and
then
with—
with
me
to
the
extent
that
the
team
isworking
together.
And
when
you
say
you
said
communications
and
strategy7
Yes,
25
g.
I
think
your
husband
called
him
a
senioradvisor.
CONFIDENTIAL-
SUBJECT
TG
PROTECTIVEORDER
l3iPierroReporting
Page
13
to
9
10
12
13
141718
20
Q.
A.
A.
A.
Q.
A.
Okay,
VVas
there
to
your
memory
ever
any
discussionaboutthe
possibility
of
biogging
about
Eliot
Cutler
within
your
campaign?
Nothing
that
we
would
ever
blog.
There's
existing
blogs
but
we
would
never
blog
ourseives,
VVe
didn'
blog.
Okay,
So
Exhibit
4,
would
you
takea
look
at
that.
Yes,
Okay.
Before
I
ask
you
about
Exhibit
4
I'd
just
like
to
ask
you
what,
if
any,
documents
did
you
reviewto
prepare
forthis
deposition?
Just
documents
provided
bymy
attorney.Documents
that
you
produced
in
thislitigation?
I'm
not
sure
which
ones
his
isn't
mine.
Is
this
a
document?
THE
DEPONENT:is
it7
I
don't
even
know.
So
I
reviewed
emailsthat
Mike
provided
to
me.
BY
MS,
HEWEY:
Okay.
And
were
those
only
documents
that
you
produced
or
were
they
also
the
Bailey
documents7
MR.
NELSON:
Theywere
documents
that
we
produced
but
alsodocuments
thatwe
didn't
produce
because
they
had
already
been
produced
byMr.
Bailey.
MS.
HEWEY:
Okay.
BY
MS.
HEWEY:
CONFIDENTIAL-
SUBJECT
TOPROTECTIVE
ORDER
16
of
f14
Case 1:11-cv-00179-NT Document 70-11 Filed 02/08/12 Page 3 of 14 PageID #: 1915

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->