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chic

[ Boxes
Blackstone Stationers, Inc.,   N.Y. (212) 527-4200 (516) 599·6411
D INDIVIDUAL VERIFICA TrON
STATE OF NEW YORK, COUNTY OF SS.:
, being duly sworn, deposes and says, t hat
ponent is the in the within action ; that deponent has
read the foregoing and knows the contents thereof; that
same is true to deponent's own knowledge, except as to the matters therein stated to be aUeged on information and belief,
d that as to those matters deponent believes it to be true.
0 CORPORATE VERIFICATION
deponent is the of the corporation
named in the within action; that deponent has read the foregoing
and knows the contents thereof; and that the same is true to deponent's own knowledge, except as to the matters therein stated
to be alleged upon iJ1formation and belief, and as to those matters deponent believes it to be true. This verifi ca tion is made by
deponent because
is a corporation. Deponent is an officer thereof, to wit, its
The grounds of deponent's belief as to all matters not stated upon deponent's knowledge are as follows :
Sworn to before me, this day of 19
D ATTORNEY'S AFFIRMATION
STATE OF NEW YORK, COUNTY OF ss.:
The undersigned, an attorney admitt ed to practice in the courts of New Yor k State;
shows, that deponent is
the attorney(s) of record for
in the within action; that deponent has read the foregoi ng
and knows the contents thereof; that same is true to deponent's own knowledge, except as to t he matters therein stated to be
aUeged o n information and belief, and that as to those matters deponent believes it to be true. Deponent further says that the
reason this verification is made by deponent and not by
The grounds of deponent's belief as to aU matters not stated upon deponent' s knowledge are as follows:
The undersigned affirms that the foregoing statements are t rue, under the penalties of perjury.
D
CERTIFICATION BY ATTORNEY
i-;rtifies that the within has been compared by the undersigned with tile original and
to be a true and complete copy.
Dated:
0 AFFIDAVIT OF SERVICE BY MAIL
STATE OF NEW YORK, COUNTY OF ss. :
being duly sworn, deposes and says, that deponent is not a party to the action, is over 18 years of age and resides at
That on the day of 19 deponent served t he within
on a ttorney(s) for
in this action, at
t he address designated by said attorney(s) for t hat purpose
depositing a true copy of same enclosed in a post-paid properly addressed wrapper, in a-post offi ce-official depository under
exclusive care and custody of the United States Postal Service within the State of New York.
0 AFFIDAVIT OF PERSONAL SERVICE
on
e herein, by delivering a true copy thereof to h personally. Deponent knew t he
__ rson so served to be the person mentioned and described in said papers as the therein.
Sworn t o before me, this day of 19
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NOTICE OF ENTRY
Sir PLEASE TAKE NOTICE that the within
is a   copy of a
duly entered in the o ffice o1 the clerk of the wit hin
named court
on
Dated:
Yours, etc.,
ROSENSTEIN & KAHN
Atto rneys for
To:
Office end Post Office Address
225 BROADWAY
NEW YORK, N.Y. 10007
Attorney for
NOTICE OF SETTLEMENT
Sir PLEASE TAKE NOTICE that
19
19
of which the within is a t rue copy will be presented
for settlement to Mr. Justice
one of the Justices of the within named Court
at
on the
at
Dated:
day of
M.
Yours, etc.,
ROSENSTEIN & KAHN
Attorneys for

To :
Office and Post Office Address
225 BROADWAY
NEW YORK, N.Y. 10007
Attorney for
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Esq
Index No . ......................... .. .............. .. 19
SUPREME COURT: STATE OF NEW YORK
COUNTY OF NEW YORK
CHIC EDER,
Plaintiff,
-against-
ALAN J. WEBERMAN, a/k/a, A. J.
WEBERMAN I WILLIAM J. RYAN I
MARIANNE PARTRIDGE, RUPPERT
MURDOCK and THE VILLAGE VOICE,
INC.
Defendants.
COMPLAIN'l'
ROSENSTEIN & KAHN
Attorneys for Plaintiff
To:
Office and Post Off ice Address
225 BROADWAY
NEW YORK, N.Y. 10007
(212) 374-1438
Attorney for
Service of a copy of the within
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Esq
is hereby admitted:
Dated, N.Y.,
19
Attorney for
Blac ksto11c S 1ario11ers, lire., 585 Merri ck Rd. , Lynbrook, N. Y.
I I
SUPREME COURT OF THE STATE OE' NEW YORK
COUNTY OF NEW YORK

CHIC EDER,
Plaintiff,
- against-
ALAN J. WEBERMAN, a/k/a A. J.
  ·WILLIAM J. RYAN,
MARIANNE PARTRIDGE, RUPERT .
MURDOCH and THE VILLAGE VOICE,
INC.
Defendants.
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Index No. ·
Plaintiff designates
New York County as
the place of trial
The basis of venue is
defendants' resi-
denc.es and plac·e of
business
SUMMONS
:rro·· the above named defendants: YOU ARE HEREBY
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SUMMONED to answer the complaint in this action and to serve a
copy of your answer, or if the complaint is not served with the
summons to serve a notice of appearance on the plaintiff's

attorneys within twe nty {20) days after the service of this
summons , exclusive of the date of service (or withi n thirty
(30) days after the service is complete if this summons is
not personally delivered within the State of Ne w York) : and in
case of your failure to appear or answer, judgment wili be
taken against you by default for the relief demanded in this

c omplaint .
Dated: New York, New York
December 29, 1978
Defendants' addresses:
ALAN J. WEBERMAN
6 Bleeker Street
New York, New York
THE VILLAGE VOICE, INC.
80 University Place
New York, New York 10003
WILLIAM J. RYAN
c/o The Village Voice, Inc.
(See above address)
MARIANNE PARTRIDGE
c/o '11he Village Voice, Inc.
(See above address}
RUPERT"_'MURDOCEC
c/o The New York Post
210 South Street
New York, New York
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ROSENSTEIN & KAHN, ESQS.
Attorneys for Plaintiff
225 Broadway
New York, New York 10007
(212) 374-1438
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK

CHIC EDER,
:
Index No.
Plaintiff, COMPLAINT .
-against-
ALAN J. WEBER1'1AN, a/k/ a A. J.
WEBERMAN, WILLIAM J. RYAN,
MARIANNE PARTRIDGE, RUPERT
MURDOCH and THE VILLAGE VOICE,
INC.
Defendants.
.
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Plaintiff, by Rosenstein & kahn, Esqs., his  
for his complaint against the defendants alleges as follows:
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AS AND FOR A FIRST CAUSE OF ACTION
AGAINST TEE DEFENDANT ALAN J. WEBERMAN
1. The defendant A. J. WEBERMAN, is and at all times
relevant and hereto was a citizen and resident of
the State of New York and a writer and occasional contributor
of articles to the publication known as The Village Voice.
_2. On information and belief, the defendant MARIAJ.'\JNE
PARTRIDGE, is and at all times relevant and material hereto
was a citizen and resident of the State of New York and the
editor of '!'he Village Voice.
3. on information and belief and at all times relevant
and material hereto, defendant, WILLIAM J. RYAN, was a citizen
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and resiqent of the State of New York and publisher of The
Village Voice and President of the defendant, THE VILLAGE VOICE
,
INC.
4. On information and belief, defendant RUPERT.
MURDOCH, is and at all times relevant and material hereto was
a citizen of Australia, and a resident of the State of New York
and the publisher and editor in fact of '11he Village Voice.
Said defendant, on . information and belief is a director of the
defendant, THE VILLAGE VOICE, INC., and exercises complete control
of that Corporation; by virtue of his ownership of the controlling
majority shares of the Corporation's outstanding stock.
5. The defendant, THE VILLAGE VOICE, INC. (herein-
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after the Corporation) is and at all times hereinafter mentioned
was a Corporation duly organized and under the laws
of the State of New York with its principal office and place
of business in the City, County and state of New York, where
it is engaged in the business of publishing a newspaper
entitled The Village Voice.
6. Plaintiff, at all times hereinafter mentioned
was and is a citizen of the State of New York. At the time
of the events complained of herein, plaintiff was self-employed
as an entrepreneur, and venture capitalist,     the sole
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owner and successful operator of a boating and yachting
business.
7. At the time of the events complained of herein,
plaintiff had a good reputation for truthfulness, worthiness,
and good character among his friends and business associates,
all of whom held the plaintiff in the highest esteem.
8. On or about November 27, 1978, the defendant
A. J. WEBERMAN wrote, and the other defendants reviewed, edited
and caused to be published in the State of New York an obit-
uary of   a · copy of which is annexed hereto l an
incorporated herein in full.
9. Tom Forcade committed suicide on November 16, 1978.
· 'rhe tuary, of appr·oximately ·fifteen hundred words, reviewed
at length Forcade' s polit_ical and social activism during the
1960' s and 1970' s. The obituary co_ntains numerous references
to investigations of Forcade by various law enforcement
agencies prior to Forcade's suicide, and contains the following
direct references concerning plaintiff:
" "In 1977, a federal grand·:: jury in
Brooklyn began an investigation concerning
Tom Forcade based on the testimony of Chic
Eder, a high-level DEA informant who has
been characterized _ as 'Mro Marijuana" in
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several magazine artic les. The pressure
began to bui ld a nd Tom started to go into
periods of extreme depress ion. He would
assume a f etal position, cover himself
with a sheet, and remain like that f or
days. At one point he took an overdose
of Quaaludes and stumbled over to Gabrielle
Schang's apartment , where he collapsed.
Gabrielle and h e r friend Jim Drugus, who
worked in Tom's bookstore across from
Gabrielle ' s apartment, took him to Bellevue
where h is stomach was pumped • • •
• • • He began taking Quaalude s. His wife
tried to stop him from overdoing it. The
cloak of secrecy Tom spread over his activi-
ties would smother him. On November 16,
197& at 1 p.m., while coming down f!om
Quaaludes, Tom shot himself in the head
at point-blank range."
10. The defendant A. J. WEBERMAN intended the entire
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articl,t3., including the reference to plaintiff set forth in
Paragraph 9 above, to mean, and it was fairly understood to
mean by average persons readi ng the entire articl e , the following :
(a) The plaintiff is a DEA (United States Drug
Enforcement Administration) ·informant, and an e mployee or
member of the "intellige nce community", who received financial
rewards for informing on Tom F0rcade.
(b) The plaintiff l aid a false c riminal informa-
tion against Forcade.
(c ) The false i n formation laid by plaintiff
caused a federal grand jury in Brooklyn, New York to begin a
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give them wide exposure to the public through the Village
Voice and with knowledge that the publication would damage
and injure the
15. Taken singly· and as a whole the defendant A. J.
WEBERMAN' s -conduct was outrage·ous, transcen9ing the bounderies
of decency tolerated by society and totally without justification.
16. As a result of the defendant A. ·J.   s
acts, plaintiff has great emotional distress and
anguish, and concern for his safety and well-being.
17. In the premises, plaintiff has sustained actual
injury and damage in the sum of One Million ($1,000,000.00)
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  and is entitled to punitive damages in. the sum
of one Million ($1,000,000.00) Dollars.
AS AND FOR A SECOND CAUSE OF ACTION
AGAINST THE DEFENDANTS A. J. WEBER-
MAN, WILLI AM J. RYAN, MARIANNE
PARTRIDGE, RUPERT MURDOCH and THE
VILLAGE VOICE, INC • .
18, repeats and ;reallege's each and every
allegation set forth in Paragraphs. numbered 1-17 his : com-
plaint with the same f orce and effect as i f s e t forth herein.
19. Upon information and belief the defendants,·
RUPERT MURDOCH, WILLIAM. J. RYAN and MARI ANNE PARTRIDGE, acting
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. 'indi vidually a nd with i n the l ine and s c ope o f t heir a ctual
and implied authority, on behalf of the Corpor ation, did on
or about November . 27, 1978 unlawfully plan, plot and conspire
between themselves and the defendant A ~ J . WEBERMAN, and with
the Corporation, to maliciously and intentionali y and for the
purpose of injuring the plaintiff, cause the above described
matters concerning the plaintiff to be published in The Village
Voice.
20. The publication was made with the intent to give
wide exposure to the public through Tlj.e Village Voice, knowing
that publication would injure and damage the plaintiff and
cause the plaintiff great anguish and emotional distress . -.r -
21. - On information and Belief the defendants were
solely motivated by animosity. and hatred for the plaintiff
and their sole purpose.· for publishing the above stated matters
was to inflict serious injury, mental and emotional distress upon
the plaintiff.
22. Taken singly and as a whole, the defendants• ·
conspiracy to i n f lict intent i onal mental anguish and severe
emotional d i stress was outrageous, transcending the bounde ries
  ~ decency tolerated by soci ety and totally without justificati on.
23. As a res.ult of the defendants' conspiri tori al
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acts, plaintiff suffered serious mental and emotional distress.
24. In the premises, plaintiff has sustained actual
injury and in the sum of One Million
Dollars, and is entitled to punitive damages in the sum of
one Million ($1,000, 000 . 00) Dollars.
AS AND FOR A THIRD CAUSE OF ACTION
AGAINST THE DEFENDANTS A. J. : WEBER-
MAN I "WILLIAM J. RYAN I  
PART:RIDGE, :RUPERT:' MURDOC....B: and THE
VILLAGE VOICE, INC.
25. Plaintiff repeats and realleges each and ev.ery
allegation contained in Paragraphs numbered 1-24 of his complaint
with the same force and effect as if set forth hereinafter.
' 26. Each of the defendants , on or about November 27,
1978 did' unlawfully plan, plot and conspire between themselves
to publish and did publish in The Village Voice , false , malicious
libelous and defamatory statements of and concerning plaintiff
in the article attached hereto as Exhibit 1.
27. The defendants acting individually and in concert,
and in furtherance of the unlawful conspiracy h e reinabove
a lleged, uttered the libelous and de£amatory
statements of and concerning the plaintiff set f orth in
Paragraph 9 all of which were published by the Corporation
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in its issue of November 27, 1978, and thereafter generally
distributed throughout the City and State of New York, and
throughout the Uni tea sta.tes, where said statements were read
by the friends, family and business associates of the plaintiff.
28. The matters concerning plaintiff published by
the defendants falsely and maliciously state or imply that the
plaintiff laid a false information against the decedent, Tom .
Forcade, that committed purjury before a grand jury,
that plaintiff conspired to murder Forcade's friend "Jack",
and that plaintiff conspired to commit a burglary at Forcade's
apartment • .
29. These accusations of criminal imputed
to the plaintiff are false, defamatory and libelous per se.
They were published · by defendants with actual malicious in
that the same were published with knowledge of their falsity,
.::6±. with serious doubts as to their truth. Alternatively,
said statements were published by said defend.ants in a grossly ,
irresponsible manner without due consideration for the
of information gathering and dissemination ordinarily followed
by responsible publishers and wri t ers.
30. As a result of the aforesaid wrongful acts of the
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de fendants , the plaintiff has been held-up and exposed to publ ic
contempt, scorn and ridicule, and suffered great emotional
distress and anguish, and has sustained grave and irreparable
injury and damage to his professional and personal honor and
reputation.
31. In the premises plaintiff has sustained actual
injury and damage to his professional and personal honor and
reputation.!in the sum of one Million ($1,000 ,000 . 00 ) Dollars,
and is entitled to punitive. damages in the sum of One Million
($1,000,000,00) Dollars.
AS AND FOR A FOURTH CAUSE OF ACTION
AGAINST THE DEFENDANTS A. J. WEBER-
MAN I WILLIAM J. RYAN I KJ\RIANNE
PARTRIDGE, lRUPERT..' MURDOCH and THE
VILLAGE VOICE, INC.
32. Plaintiff repeats and realleges each and every
allegation containe d in Paragraphs numbe r ed 1   3 ~ of his complaint
with the same force and effect as if set forth hereinafter.
33. The false, maliciotls, ·libelous,. and defamatory
statements made by defendants , of and concerning the plaintiff
and set forth in Paragraph 9 , above , fal sely and maliciously
state that the plaintiff is a "high l evel DEA informant'·'; and
that in 1977 a federal grand jury in Brook lyn began an investiga-
tion concerni ng Torn Forcade based on the testimony o f plaintiff .
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T11e obituary published by defendants further falsely and
maliciously implies that : the plaintiff testified before a
federal grand jury in Brooklyn, in   falsely and maliciously
states that as a result of these acts, the pressure began to
build on Forcade, and falsely and maliciously that
the plaintiff caused and was directly responsible for Forcade's
suicide. The obituary was thus knowingly and intentionally·
. . .
designed to have its readers believe that plaintiff instigated
criminal proceedings against Forcade on behalf of the DEA
which directly caused Forcade to take his own life.
34. Each of these: accusations is defamatory, false
··and libelous per se. They were published by defendants with
actual malice,-:. in that the same· were published with knowledge
of their falsity or with serious doubts as to their truth.
Alternatively said statements were published by defendants in
a grossly irresponsible manner without due consideration for the
standards of information gatherirlg ·' and.: dissemination ordinarily
followed by responsible publishers and writers.
As a result of the aforesaid wrongful acts of the
defendants, the plaintiff has been held-yp and exposed to public
contempt, scorn and ridicule, and has suffered great emotional
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distress , ang
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.1ish, and concern for his bodily s a fety and well-
being, and has sustained grave and irreparable i njury and damage
to his professional and personal honor a nd reputation.
36. In the premises plaintiff has sustained actual
injury and damage to his personal and professional honor . and
reputation in the sum of One Million ($1,000,000.00) Dollars
and is entitled to punitive damages in the sum of one Million
($1,000,000.00) Dollars.
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AS AND FOR A FIFTH CAUSE OF ACTION
AGAINST THE DEFENDANTS A. J. WEBER-
MAN, WILLIAM J. RYAN, .MARIANNE
PARTRIDGE, RUP.ERT.' MURDOCH and THE
VILLAGE VOICE,INC.
GJ . Plaintiff repeats and realleges all of the .allega-
tions set forth in Paragraphs 1-36 with the same force and e ffect
as if fully set forth hereinafter.
38. The defendants he-rein have acted in a vicious,
malicious and intentional manner, ·=with the sole purpose of
injuring the plaintiff.
39. As a resul t :::: of

•   malice and malicious
acts, plaintiff seeks pWlitive damages in the amount of Three
Million ($3,000,000.00) Dollars.
WHEREFORE' plaintiff demands judgment against the
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de f e ndants as f ollows:
(a) On his first cause of action against the
defendants A. J. WEBERMAN, individually the sum of Two Million
($2,000,000.00)   o l l a r s ~
(b) On his second cause of action against the
defendants, A. J. WEBERMAN, WILLIAM J. RYAN, MARIANNE PARTRIDGE,
RUPERT MURDOCH and THE VILLAGE VOICE, INC., the sum of Two
Million ($2,000,000.00) Dollars.)
{c) On his third cause of action against the
defendants, A. J. WEBERMAN, WILLIAM J. RYAN, MARIANNE PARTRIDGE,
RUPERT MURDOCH and THE VILLAGE VOICE, INC., the sum of Two
Million ($2,000,000.00) Dollars.
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(d) On his fourth cause of action against the
defendants_, A. J. WEBERMAN, WILLIAM J. RYAN, MARIANNE PARTRIDGE,
RUPERT MURDOCH, and THE VILLAGE VOICE, INC., the sum of Two
Million ($2,000,000.00) Dollars.
(e) On his fifth cause of action against the
defendants, A. J. WEBERMAfi, WILLIAM J. RYAN, MARIANNE PARTRIDGE,
RUPERT MURDOCH and THE VILLAGE VOICE, INC., the sum of Two
Million ($2,000,000.00) Dollars,
together with costs and disbursements in this action and such
other relief as to this court may seem just and proper.
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Dated: New York, New York
December 29, 1 978
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ROSENSTEIN & KAHN, ESQS.
Attorneys for Plaintiff
225 Broadway
New Yo·rk, New York 10007
(212) 374-1438
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Conrin:uJ from pag.i 8 :· : : : · · . . The only pccson who could pull out:.
each othi!!. thatiom.eoiiewho ·of th.:se fits of depression was Jack, a former
tried to rip the pJ,ace. off ended .up.wearing a Whire Pant.11er Parry leader. Jack took Tom.
Pair of cem::nt platfor:n . . .. ::· :;:>;-, -..; a psychiatrist who prescribed tranquilize.rs
.High: -Titn.e.J and more· sue-.· for him. In· 1978, Tom· an·d. Ga.brielle-weie-. ·'.
eessful.:. Ye(fom's mmeneve.r any-' . married. : :-.-: ; ·: . . "_:_. . . ·, -. .. :
ic:..Tom:_was afraid .that the."cop'" .,· Recently; .Tom bad berome interested in . .
the:. Ylppit:s..fud. put -:in.him would act: the punk scene and began'to film the Se:c Pis-: . ·
•iersety; affect: µie-_ And· by 1975, .'tot's American :. tour:..: Unfortunately, .. they-· .:. ·
Tom l:µid :beci:ime even more:Jiunous. thought he. wa3' a government agent wlio was_ ·;:
nitraus--0:cide;parties. than. fcir. his 'making a film that would. b¢ used.in a'subse- .. ·· ..
At .one::poiir.t ::Toaio.d' .. a . truck; .queot .dei:>om.tion ... 'Tom. b3d to ru.Y. · .. :
with 6o.ks of _p.itrous/ao_d C!.rpve atf · io hotel rooms whil;: the filID.ing wa5 going oii-
·around 'M.m}.:irun turning J>eOple-on. Tofil- btcause he was afraid he might freak out the- :_;
w:is riiver dUll;:io..d the richer he becinle the -band:- .,::r.=·.:' · · , · • ..:. ". ;:--:, . ·_. ·.-. ·:>";::,;
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more ht: used h!s as a catalyst .. He be-; :On· mid-1978»Jac.< was killed while
gan contributing thou.sands of dollars to the .. to land on a cl:mdestine airscrip in Colui:nbia:.
Nation:U Orgii.niz:icion.!o Reform· . A week .he killed Tom
Laws. Tom remauied. a Joyal Yipp1e aod that he believed the DEA Special Operanons. :".,.j
g2.0 tcf give us free ads and good coverage in· Division J ack' s air- ·:.:;,-:
High Times • .:.Y. regardt!d Tom as someone who- crafr,. since the .reni1ins' of· a baromecric:ally
.. we'.e Iouz:d in
.intc:gnty:.::-:
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-""::;':"<1 .... ;:: ·: ,. ... • f.' _. Tom lind lost his closest friend . ...,.,'...:· ., :· . -,..,.j
· -:)ii'l976 . . '":::_Around.this time Tom's
Conven_tioo. in-Kansas City:::Duri.cg .a Yip .. The .Pickt!d;."t}t
Tom was beaten by- Secret several. floorboards .w.:rc- pned up,. yet". th:! .t::: ... t
Service agents who· were a.I?gered by his rue.: · onJy'; thing stolen· ·.;,.33 Gabrielle's
·e:ss:ii:i:<·g;U.cing. membl!rship' ·White .wedding ring_·_Tora 'wl.s shakeD..by the inci:...5.£i
House Pres.sCocps;When Tomliad bemde- ·.denl-,.:.which. be_ to a.secret
-We,d.   · Attomey Will.i:un-Ku.ns:. -·iriY,c.<>cigarion into his fina.oc'.eS.··.  
tier b.3d'sucd. the Seciet aod ,f HC: began' cikiog His wife 'tried
rtn a·federa.1· gian.d jury. in' Brooklyn .him ¥oin ov:rdoing • . The.Cloak. of
began.an i.D;yeStig:Uion conc.!miDgTom For- secrecy Tom spread over
'C:ade based-oa the testimony of Chic. Eder; a smother him. On November 16, 1978, at i
high-level DEA informaot who has been chr p.m.; while 1:9miog down from.
r:icteriz--d' a$ - ".1\f.r.. ·M..arijuan.a!' in Tom shot h.i.m.sd.f i.:i the head at point-blank :. ::.
nugazioe. articles: The pressure began i:o had stayed home that cby '-:·
build.ind ·Tom started to go into periods of l:iec:iuse she was worried :ibout him. She 2.0d-
e_'(",n:me depression.. He: would assume a fetal Jim Drugus found l0n in a pool of blood.
po5ition, rover himself with a sheet, and re- There was a sm.ill   in his temple. .
main like that for days. At cne point he took · The news of Tom's death upset nod de-
an overdose of Qu:ulud.:s and stumbled over stabilized me. I r.::ver thought it would end ·
to Ga bridle Schang>s where he like this sillce I lud no knowledge of his pre-·
colbpsed .. G.ibridlc and her fr:ieod Ji...-n Dru- vious suicid<! attempts. I beg:in to bl:uneany- .
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gus,.,who w-0rke:d. across oae whc>" w2s lundy .for his demise. Mi'. favor-
fmm G:ibnd[c's apartmeot, took him to ire symbol of became·:i symbol of
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Bt:Uevue wh<!'re his was pumped. the ultimare sur.ender. E4
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At a Special Term, Part I
of the Supreme Court of the
State of New York, County of
New York, at the Courthouse
at 60 Centre Street, New
York , New York, on the
day of , 1979.
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SUPREME COURT: STATE OF NEW YORK
I.
COUNTY OF NEW YORK
I                                       ~       ~                     x
CHIC EDER,
Plaintiff,
-against-
ALAN J. WEBERMAN, a/k/a, A.J.
WEBERMAN, WILLIAM J. RYAN,
MARIANNE PARTRIDGE, RUPERT
MURDOCH and THE VILLAGE VOICE,
INC. I
Defendants.
-----------------------------------x
Index No . 2206/79
ORDER
On reading the notice of motion of the defendants
Ryan and Murdoch, pursuant to CPLR 3211, to dismiss the complaint
on the ground that the complaint fails to state a cause of actio
as to them, and by the defendant, The Village Voice , Inc., to
dismiss the second, third and fifth causes of action against it,
on the same ground, dated January 30, 1979, the · affidavit of
William J. Ryan, sworn to the 29th day of January, ·1979 , the
affidavit of Rupert Murdoch, sworn to the 6th cay of March , 1979,
and the reply affirmation of Slade Metcalf, Esq., dated March
20, 1979, all in support of said motion, the affirmation of
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,I Hare Kahn, Esq. , in opposition to the motion, together with all
!of the pleadings herein, and the Court having issued its
I
\memorandum, dated Hay 7, 1979, with respect to said motion, it is
I
I hereby ordered that:
I · 1. The motion to dismiss the complaint on the· grounds
';that it fails to set forth a valid cause of action against the
! .
i defendants Hurdoch is denied, wit-hout prejudice to a
\motion, after discovery by plaintiff has been concluded, for
'
judgment based upon lack of advance knowledge of the
article by said defendants;
2. The motion by The Village Voice, Inc., to dismiss
the third cause of action is granted, and the third cause of

action is dismissed as to each of the moving defendants herein;
3. The fifth cause of action se"'lcing punitive damages
is dismissed, but plaintiff is given leave to amend the complaint
to claim punitive damages as part of the relief sought in the
first and third causes of action;
4. In all other respects, the motion of the moving
defendants is denied.
Dated: -New ___York,-New York
Hay 1979
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DAVIDS. MICHAELS
ATTORNEY AT LAW
12 121 667-1170
 
-/00-/7
June 1 , 1979
Mr. A. J. Weberman
6 Bleecker Street
New York, New York
Balance due as of May 1, 1979
May 2
May 4
May 7
May 8
May 11
May 18
May 31
Phone: Kahn
Urge Metcalf re: summary
judgment motion and
review central
arguments.
Caversation Metcalf; read
motion.
Read summary judgment
motion papers twice.
Re-do DM affidavit.
Call Metcalf 4 times;
dictate.
Read final version,
call A.J.
Letter, phone, Me t cal f .
Phone.
Metcalf, stipulation.
Total time for the month at $60.00
$156 . 00
Plus prior balance $103 .00
$259.00
.1
.1
.1
.8
.4
.3
.3
.1
.2
. 2
2 . 6
$103.00
hours
Amt . to be credited - minus $180.00 Good cause credit
Balance due at this time. $ 79 .00
Preparation of this bill taking about 3/ L:. hour, has no t been
charged .
ltnitd> •ates 19tpartmrnt of Justice
OFFICE OF THE ASSOC IA TE A TIORNEY GENERAL
WASHINGTON, D.C. 20530
JUN 2 9 19"{9
Mr. Alan J. Weberman
Independent Research Associates
6 Bleecker Street
New York, New York 10012 Re: Appeal No . 9-1256
Dear Mr. Weberman:
You appealed from the denial by Administrator Peter B.
Bensinger, Drug Enforcement Administration, of your request
for records pertaining to Chic Eder.
After careful consideration, I have decided to affirm
the decision of Mr. Bensinger. Without Mr. Eder 's consent,
even to confirm or deny the existence of records of the type
you seek would constitute a clearly unwarranted invasion of
his personal privacy. 5 U.S.C. 552(b) (6). In such circum-
stances, there is no agency discretion to act. 5 U.S.C.
552(a) (b).
Judicial review of my action on this appeal is available
to you in the United States District Court for the judicial
district in which you reside or have your principal place
of business, or in the District of Columbia , which is also
where records of the type you seek woul d be located if any
exist.
Sincerely,
Michael J. Egan
Associate Attorney
By:
1nlan J. hea, r., Directo
of Privacy and Information A
INDEPENDENT RE .
6 BLEECKER STREET . NEW YORK   H ASS QC I A TES
ONE. AJ WEBERMAN (212) 477·6243
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DAVIDS. MICHAELS
ATTORNEY AT LAW
1212) 867-1170
Mr. A. J. Weberman
6 Bleecker Street
New York, New York
FOR PROFESSIONAL SERVICES RENDERED
J/tu/C:W;v
Ak'U"   /CC/7
May 4, 1979
Status of account prior to this billing: Credit $112.00
$260.00
$372.00
Credit during this month:
March
April
April
Total credits
CHARGES FOR TIME SPENT DURING THIS
BILLING PERIOD
16 through 30th
1 through 21st
23 through 30th
Total
minus credit
Balance due:
$ 35.00
$350.00
$ 90.00
$475.00
$372.00
$103.00 it{
fo -  

,,,, - ,.. 0
DAVIDS. MICHAELS
ATT O R N E Y A T LAW
12121 a 67 - 1170
:J//.$)
.//:{ev -/tJtJ:/7
February 8, 1979
Mr. A. J. Weberman
6 Bleecker Street
New York, New York
FOR PROFESSIONAL SERVICES RENDERED
Amount previously credited to your account
Legal services prior to February 1, 1979
Resulting net credit as of 2/1
Credit January 31st +
Credited February 6th
Net resulting credit as of February 6th,
prior to deduction for time subsequent
to February 1st
Legal fees for time s pent from February 1st
through February 8t h
Net credit to your account as of today's
date.

 
 
$ 35.00
200.00-1
$ 41Y:orr
$275.00
$110.00
J
- - -----------------------------------------------------
DAVID S. M /CHAE LS
ATTORNEY AT LAW
(212) 867-1170
Mr. A. J. Weberman
6 Bleecker Street·
New York, New York
FOR PROFESSIONAL SERVlCES RENDERED
J/kdc:Jmv .efvoru&e-
  /tltl/7
February 23, 1979
Net balance due and requested as of this date.
$67.80
DAVIDS. MICHAELS
A TTO R NEY AT LAW
1212 ) 867 - )170
Mr. A. J. Weberman
6 Bleecker Street
New York, New York
FOR PROFESSIONAL SERVICES RENDERED
Prior credit to your account
Credi t
Sub total
J>//,,.?  
      /'00/7
April 4, 1979
$112.00
$ 90 . 00
$202.00
Time spent from March 16 through March 30
Net credit as of April 1
$35.00
$167 . 00
Credit
75 CENTS
<"
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- -
ALBERT GOLDMAN
REPORTS FROM·
-THE PALACE
· OF KING
DOPE
OCTOBER 18, 1976
--
...
he Colombian
Connection: Two Yanks
·On "the Road to Pot
By Albert Goldman
" . Marijuana-smuggling is the last survival of the rebellious
counterculture of the sixties. It is the Beatles' last song ... "
Two middle-aged hipsters-one an
ex-college professor, the other a small-
- time dope dealer and street hustler-
- i:leclde to mvestlgate the methods and
madness of marijuana-smuggling as a
follow-up to their earlier explorations
of the dope underground. They descend
upon Santa Marta, Colombia: a major
center of the international dope trade.
They put out the word that they're hig-
~   smoke dealers from the States hot
to make a buy. The message gets
through. Pretty soon every )lustier in
town is trying to cut into them. They
encounter an amazing assortment of
characters: beach bums, hippie tourists,
mulatto hit men, Guajiran Indians,
campesino grass farmers, shady ship-
ping executives, young hotshot Amer-
ican smugglers, crooked narcs, and cor-
rupt politicians--including the former
mayor of a Colombian city and the
f o ~ m   r governor of a Colombian state.
The odd pair of "investigative jour-
nalists" talk a let of trash and strike
a lot of poses. Meanwhile, they're tak-
ing everybody's picture and making
sneak tape recordings of all the dope
plotters' plottings. Eventually, on New
Year's Eve, at a family party at the
chief Mafioso's house, the whole scheme
blows apart and the reporters are
threatened with death. As they recoil
from the shock, tbey meet a young
American, a mere kid, who is more
deeply involved in the dope game than
are any of these conniving Colombians.
The young American gets them out of
their last bad jam. Triumphantly, the
hipsters return home to tell the world
all about "the Colombian Connection"
and take a bow!
Sounds like a late-model Hollywood
comedy- a kinky, dopey twist on All
the President's Men-doesn't it? But
it's an accurate precis of Chic Eder's
and my recent adventures in Colombia,
where we went to get the story of how
marijuana, hashish, and cocaine come
up the pipeline from South America to
-the United States. Looking back on
our Graham Greene field trip, I'd say
we must have been out of our kugels.
Colombia is the Heart of Darkness. The
Land of Violence and Heavy Vibes.
Down there when they don't like you,
they not only kill you-they massacre
your whole family! They tie you to a
tree and fill you with a hundred slugs.
Or they chop things off! Colombians
are what the Mafia is supposed to be
according to Hollywood. The Colom-
bian Mafia makes the Sicilian Mafia
look like a bunch of fat pussycats.
So what the hell am I -doing down
there? A middle-aged Jewish intellec-
tual and Columbia professor? A man
who has never had a p"arking ticket (be-
cause he's. afraid to drivel). Who's up-
set if he misses a night's sleep. Who
figures he's had a hard day when he
has to correct the proofs of his latest
entry in Who's .Who in the East. What
the hell is a nice person like me doing
down there in the Heart of Darkness?
Well, like many scholars, I do have
my kicks. I am obsessed wi"tb the un-
derside of American society. I have a
conviction that whatever is forming un-
derneath the rock will soon reach up
and cover the whole stone. That is what
happened with the so-called counter-
culture of the sixties. That is what is
happening with the dope culture today.
Dope-smuggling is· the last survival , in
fact, of the rebellious life of the Rock
Age. Smuggling is the Beatles' last song.
It's also a time-loop batk to the Gatsby
age, a reenactment of our most cher-
ished moments. If at this very moment
you could switch on a magic TV screen
and dial it to DOPE, you would see an
astonishing replay of that classic ·drama
of the twenties: Prohibition. You'd see
the same game of cat and mouse played
between the smugglers and the coast
guard, played farther and farther out
to sea for ever-mounting stakes. You'd
even see many of the same faces that
flashed on tabloid pages and silent
screens of the Roaring Twenties, as
hard, fast-talking New Yorkers and big,
rangy, twangy Texans descend upon
Central and South America to make
their deals with · the natives and wrest
their desperate profits from the epic
battle with waves, guns, jungle, hi-
jackers, secret agents, patrol boats, and
stateside sheriffs and cops.
You'd .see the monumental corrup-
tion of Chicago and Gicero: whole cit-
ies in thrall to criminal warlords, with
corrupt mayors and corrupt police
chiefs and corrupt ·representatives in
the nation's capital. You'd see the
Mafia resurgent in the Al Capone style,
gunning down its enemies en masse anc;l
shooting up international airports and
public squares just as it did in the
twenties. You'd see treachery and bru-
------,----- ----------- ----- - -
------ ---- - -
" .. .. By Co on1bian standards this house is a 80, it
I am an honored guest at the Palace of l(ing Dope
fol ]O\VS
"
tality beyond belief.
Yes, gang, America has done it
again! Taken some basic human ap-
petite and suppressed it so arbitrarily
and stupidly that there isn't anything
left to do but break the Jaw at an ap-
- palling cost in money, and public
morality . . And the Chicago of Mari-
juana Prohibition is Colombia, a Jong,
Jong way from New York City. "But it's
there, baby! With all its rank, corrupt,
evil glamour. ·
Nevertheless, when my partner, Chic,
and I went down to Colombia, we
hadn't the faintest idea of · what we
were getting into. We never dreamed
that we were laying our lives on the line.
J· figured we'd work pretty much as
we had in New York on the previous
story. rd sit in a comfortable hotel in
Santa Marta, a well-bespoken Carib-
bean beach resort, and Chic would
beat the game into my nets.
The only thing that really worried
me was whether Chic would be able to
into the local dope dealers, "What
about the -language barrier?" I would
- press him. "Don't worry; Al," he'Cl
assure me. "I lived for years with them
- Chicanos in the California
didn't I ? I got that li cked." " Okay, but
what are the chances that you can just
walk into that scene and get people to
open up to you? What have you got to
offer them?" "Al, I know my game.
I 'll go down there with Jots of trading
beads. J'm gonna borrow that new
Polaroid SX-70. Them dudes love to
have their picture took-if you don' t
walk away with the negative. Get it?
Then I 'll take my kite   "Your
kite?" " Yeah, when I put that 35:foot
dragon up from the beach, people'll
come runnin' to me."
So with this bait and his trusty Sony
TC 55 tape recorder,' Chic Eder took
off one December morning on the New
York-Miami- Barranquilla dope run.
The day after Christmas I rouse my-
self from my holiday lethargy and fly
down to meet him. Before I can say,
"Hello, how are you?" Chic is bark.:
ing commands in idiomatically accented
Spanish and strange people are pop:
ping out of the darkness, taking my
bags, shaking my hand, and leading me
to a shipy little car into which I am
loaded as swiftly and neatly as the
bags, which are tossed in _the trunk.
Flicking his away, Chic gets
·your magic TV screen to
NEW YORK/OCTOBER 18, 1976
into the front passenger seat and orders
the driver to take off. With a screech
and a lurch, we plunge into the night,
heading off from the international air-
port at Barranquilla toward Santa Mar-
ta, two and a half hours di stant.
The Trans Caribbean Highway, so-
called, is a perfect symbol of the coun-
try that built it. The highway can r)ever
make up its mind whether it's a mod-
em . high-speed express artery or · a
1930s two-Jane blacktop or just a plain
dirt road out of the rustic psst. Basical-
ly, it 's a free-for-all. Every sort of ve-
hicle from an elaborately decorated bus
to a dirty farm truck is out there blasting
through the hot tropical riight with its
accelerator down to the floorboards.
Like the house of horrors in the amuse-
ment park, the ride is punctuated with
catapult stops, shrieking · turns, and
sudden roadside 'flashes. One moment
we' re streaking by a garishly lit bo-
dega, its front removed, its staqks of
pots and pans and beer bottles glaring
out as if caught in a limelight. The next
moment , w·e·re flitting by a dim Asian
silk screen of floating houses standing
on sticks, like the habitations of pri-
mordial lake -dwellers. Finally, after a
couple of hours relieved only by incon-
gruous exhortations to "Lay back! " or
"Relax!" I land on a hill overlooking
a twinkling valley in which lies the
city of Santa Marta.
. A group of people is gathered on the
porch of a bungalow. They're talking
and drinking like suburbanites at a
cocktail party. They don't .look like the
kingpins of the South American drug
trade to me; frankly, they look like mid-
dle-aged losers boozing it up with their
dolls. Chic makes introductions all
around; I don' t understand a word that
is spoken. ·All J can do is smile and
smirk like a monkey. The first clear
impression J get is when somebody
shoves a bottle of Johnnie Walker Black
Label under my nose and pours a shot
tha,t would put most men into cardiac
arrest. Just pure booze: no frills.
The bungalow is strictly no-frills,
too. When I step into the bathroom, I
realize l 'm in Funkyville. The toilet is
squat and filthy and not furnished with
a seat. On the sink there is no hot-
water tap. The tub is a SO-gallon oil
drum. When I glance into the adjoining
room, I see two naked black children
lying sound asleep on a bed.
After a scrappy meal of chicken and
rice, consumed standing up while the
dead chicken's brothers and sisters strut
past our feet pecking at the bits of food

that d(op from our plates, the party
ends, the guests depart. Through a
• dense fog of exhaustion, I hear Chic
telling me that he and his girl of the
moment, Mary, are living in this house
because the hotels are full. This is the
height of the Christmas vacation sea-
. son; it's impossible to get a room in
Santa Marta. "That's great!
1
' I growl,
as I throw myself down fully clothed
upon a dirty bed.
Next morning, I get up early, eager
to enjoy the tropical sunrise. I stroll
out on the porch and cast my eyes
down the valley. " Jesus Christ! Where
am I?" I exclaim as I stare in disbelief
at the disgusting scene that lies before
me. Strewn down a dusty, stony slope
without a blade of grass are the tin
roofs, crumbly walls, and water-can-
toting waifs of. a typical South Ameri-
can slum. For one moment I stare at
this squalid picture; then, for the first
time since I left New York, my mind
awakens. I get a flash. This house--so
crude, so dirty, so slummy by Ameri-
can standards--it's the best house in
the neighborhood, isn' t it? It sits on
top of the hill, it has running water,
it's owned by an absentee owner who
loans it to friends. Ipso facto: It must
be the house of the slum boss--who is
probably the big man in the local dope
trade. Yes, that's it. By local standards
this house is a palace. Its owner is
king of the dope trade. So .. it follows
that l am an honored guest at the Pal-
ace of King Dope in Santa Marta.
Santa Marta is your classic South
American banana port. An arm of vol-
canic mountain slung a.round a couple
of rusty old freighters ... a palm-dotted
esplanade trying hard to look like Co-
pacabana . .. a statue of Sim6n Bolivar
on horseback . . . a waterfront tonk
strip, siesta-sleepy during the long bot
day, but at night-Panama Hattie!
This first morning Chic and I de-
scend in his car to a Humphrey Bogart
hotel at the end of the quay. Over a
breakfast of fried eggs that reek of rot-
ten oil, Cbic brings me up to date.
Chic has coine down to Colombia
full of his usual overconfidence. After
one night on the town, be realizes that
his Chicano prison Spanish won't get
him a decent meal, much less a good
seat in the dope game. So, in Barran-
quilla, he tracks down an American
dude who introduces him to a kid who
tells him about another kid .... To make
a long story short, he meets Cesar. one
of the major characters of this narra-
tive: our interpreter-a young, Afro·
headed kid of ni neteen who not only
speaks pretty good sing-song English
but shows a lot of street savvy.
The fi rst thing they do is n.:nl a
car. A 11 .1: u1al step. u logi.. :d ll h..1• . .... an
Ani .:1 k;.m tnw ..:I rd L, , li k·.: n.:-.·n ini,
a hot1: I rvvm Bui i11 Coil .
1
i.· ru1t :1• g
er The Colombians_ are spellbound by Chic."
a car is an act second in danger only
to making a pact with the devil. Cars
in Colombia are like cows in India.
They are regarded as sacred and can
never be kilJed. Even the oldest, most
decrepit piece of junk, shlepped down
from· the used-car lots of Perth Amboy
or East St. Louis, is regarded by Co-
lombians with veneration. A Colom-
bian will exist on a diet of rice and
beans, live in a shack fit only for pigs,
starve his children, .and beat his wife,
but when it comes to his car-ah!
then, senor, he is a lover; a father, a
believer, and even an artist. Cars in
Colombia are adorned like totems. The
surfaces of these ancient Fords and
Chevies are tattooed like the ·skin of a
Maori warrior. .
On a ground of primary red or blue
or yellow is built up a visual design
comprised of lines, ovals, squiggles,
and striki ng representational motifs.
Leaping jaguars, voluptuous women,
thrusting, penile aeronautic shapes al-
ternate with cozy domestic accommoda-
tions, like draped and tasseled curtains
on the windows or draped and tasseled
curtains painted on the windows! The
windshi eld always sports a fringe of
jiggle balls and tassels, the hood a
couple of fake sports-car air intakes,
the f.:n<.krs cmbm•cd orn:i-
m.:11h :i n I Th'-· ''hole \ Chi .:lc
be..:,1111'.• a pop-::;t or th<:
nh•ot n .1 ':". ..: colo ri11 g· l1-11)k pru\dt.1n..:c .
Naturally, this vehicle is spotlessly
clean. Anything that can be done to
increase its beauty or improve its effi-
ciency is done, even though the owner
is desperately in need of basic medical
attention. You get the idea. So, in un-
dertaking to rent a shiny new Renault
4, Chic was making a deal whose terms
he did not fully comprehend. Hertz
Rent-a-Car Barranquilla saw the trans-
action as practically a blood bond.
Now the game shifts to Santa Marta,
capital of Magdalena Department and
gateway to the Guajira: the Klondike
and Yukon of the new gold rush. Chic
and Cesar don' t know a soul in town,
so they. start cruising the streets, look-
ing for action. Chic bops all over town
buttonholing strangers, leaving his call-
ing card (which · sports a portrait of
him smoking a ioint and the words:
;J'hic's the name, smoke's my game") . •
one of the Colombians can read En-
glish, but it makes no difference. They
are impressed. He must be a star, a
big celebrity. Right? No, wait a min-
ute! Isn' t that a reefer burning in his
hand? Aha! That's it! He's probably a
famous dope dealer. You know how
the America ns make heroes out of their
worst crimi nals. This man must be a
very big marijuana crimin:il.
Overnight the whole t O\\ n of S;111t a
Mona starts to bu71; ::i h0u t thi , .: r..i. ,.
g1 ingu t!opr. d.:akr '' hv h.'- .:c:::r. d,... ,\ ;1
fr om the 51.!l.:s with a 11 .ill i...11 d ... •llJ t>
OCTCC: En 18,   1. r. .'/ YQR,; 47

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I
Deep water photography
gives up its secrets at Nikon
House. Nature
photography. Fisheyes and
people. Macro close-ups
and many other subjects
are explored.
There's a new subject
almost every evening at
the Nikon House seminars.
There's a place waiting for
you.Just sign up in advance
so you' ll be expected.
There' s no cost. Nothing
is far sal e at Nikon House.
No homework either.
Bring your curiosity
anytime. There's a lways a
complete example of every
camera, lens and system
component with the Nikon
name on it.
On the walls of the Nikon
House gallery are the most
striking examples of camera
tools, techniques and
talents we can assemble .
Each month a new
collection is presented.
You're invited to learn
something every time you
visit ... at Nikon House.
House
437 Madison Avenue ·af SOth Street. New York 10022
Open 10 AM to 6 PM Monday through Friday
Fly I cruises
American Express Style
$895- $2,000 from New York
on the T.S.S. Atlas.* .
13/14 day
winter fly /cruises!
American Express has
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48 N EW Y0ilr(/OCT03£R 18, 1976
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Gualra !Caracas, Venezuelal,
Grenada, Barbados, Guade·
loupe and St. Thomas. A special
15·day Christmas cruise,
at an additional cost.
embarks Dec. 18 and incl udes
Trinidad: A 13· day crui se leaves
Jan. 2 1excluding Barbadosl.
14·day cruises sai l Jan 1 S, 29,
Feb 12, 26, March 12.
come In o r phone for free
brochure.
In New York CitV:
1so East42 Street - 212/687-3700
374 Park Avenue-212/421 ·8240
65 Broadway - 212/344-6500
125 Broad Street-212/480·4590
Travel Bur eau in Macy's CHerald SQ.I,
Gimbels 133rd. std> Bloomingda1e·s.
B. Altman·s an A & S !Fulton St .l
· c reek reg1st rv
and a Colombian interpreter and a
brand new Renault 4. Ah, these Amer-
icans! They are crazy bastards! So reck-
less! So loud! They act as if the Jaw
were a joke! They understand nothing.
It's dangerous to do business with
them. Still , they have the dollars. The
American money that goes so easily
into the Venezuelan bank account.
They have the little planes, the boats
with sails, the fast boats, too. What
can you do? A man must live. Even
this crazy gringo must be understood.'
What can i t hurt to sit down with him
in a quiet, private place and speak a
few words? Ask him a few simple
questions like "How much you want?"
Or "You got a plane or a boat?"
By the end of his second day in
Santa Marta, Chic has discovered the
local dope dealer's hotel and procured
himself a room. The joint is called the
Yarimar, and it's way the hell out on
the edge of town down near .the beach .
It's crammed from top to bottom with
· cheap dope-hunting hippies indistin-
guishable from the contrabandistas and
their molls. When you walk upstairs,
you can cut the smoke with a knife.
The first morning, when Chic comes
down to breakfast, the manager intro-
duces himself and takes a seat at the
table. Over a cup of cafe con leche,
he confides to Chic that he has for sale
- right now!- 1,600 pounds of mari-
juana and six: kilos of cocaine. Chic
smiles. "That's great, man. But I'm
gonna take my time. Look around.
Take my best shot, ya unnerstan'?"
Then, before Chic can leave the ta-
ble, the nex:t shift comes to work. A
flamboyant-looking Indian walks across
the room and stands before the table.
He's wearing a pumpkin-colored Ecua-
dorian shirt embroidered down the cen-
ter with .tropical fruits and leaves. He's
got a Colombian Indian sash around
the top of his blue jeans. On his feet
are bright-red-and-white sneakers with
red-polka-dot laces. His brown Orien-
tal visage, delicately lined, with a sparse
mustache and beard, is crowned with
an American baseball cap. A massive
stone necklace with carved amulets rings
his neck and around his left wrist are
wrapped at least 30 strands of fire-red
Peruvian beads. Flashing a smile like
Charlie Chan, the cat says : " How
much you want?" Chic grins and says,
"Sit down." The Indian smiles even
more broadly, and lowering his face
close to Chic's, hisses: " You got a
plane or a boat?" Chic grew up on boats,
so out of thin air he throws him a line
that becomes his standard pitch in Co-
lombia. "I gotta 30-foot Tahiti ketch,"
he growls -m his most
bcnb..:cl in N "wJ • nod I
\\_.u-:-;, ., lo:nl it u r \\ iib th•' LI [Jl>I cr, dJ
.. ..
y:i
- At th.it • • • ;r ct a110rh•. r
shows up. Let' s call him Fi-Fi. He's a
good-loblcing, scar-faced young Span-
.ish Colombian with a passion for drink.
Even at this early hour he's brandish-
ing a beer bottle. He's the Indian's
partner. When he hears the magic
word ketch , he jumps into the conver-
sation. "You like boats, eh?" he asks
with a wicked leer; "I gotta boat over
in Taganga. I like to take you there
this morning and show you."
Taganga is where the Hollywood
film crews will go when the movie in-
dustry decides to make the first major
flick about the dope game. Picture the
tropical equivalent of a Norwegian
fjord: a deep ocean bay surrounded by
precipitous mountains that run down
to the stunning blue water like the
paws of a huge tawny lion. At the
back of the bay lies the village, a clus-
ter of low, blocky houses painted in
strong but faded colors. Before the vil-
lage lies the crescent beach, ringed with
wind-blown palms. The shore is lined
with huge red and yellow canoes, the
pirogues you're always reading about
in travel books and spelling out in the
crossword puzzle. " Primitive" is the
word for these boats, as it is for these
people: direct descendants of the Ca-
ribs, the Indians who were the original
inhabitants of the southern West Indies
and northern coast of South America.
As Chic surveys this piece of pure
nitrate-based 1930s exotica, he is prac-
tically smacking his lips. Without
anybody saying a word, he can vi-
sualize the whole operation. The trucks
hauling the grass over the mountain
road late at night. The fishermen up to
their waists in water carrying the bur-
lap bales on their heads out to the
schooner. The final handshake, the sails
catc;hing wind, the boat slipping fleetly
past the. headlands out to sea. Ah, it
is beautiful to contemplate. A sym-
phony in surreptitiousness.
Soon they're aboard Fi-Fi's 64-foot
yawl, which is anchored near the
shore. Fi-Fi takes Chic below deck to
show him the "work" that is being
done on the boat. One glance shows
Chic that the whole vessel has been
gutted. Lockers, bunks, galley, even
the head has been torn out, leaving a
perfectly empty hull. Soon this sailing
shell will be stuffed with Santa Marta
gold. Fi-Fi explains that by packing the
bales practically to the overhead and
sleeping through the ten-day cruise on
top of the load, they can haul , in this
one moderate-sized sai lboat, ten tons of
marijuana to the west coast of Florida.
Ten tons of gold worth a million dol-
lars in New York.
When Chic gets back to the Yarimar
that night he is aglow with pleasur.:.
His pk•> is working better rh.·n could
bL.:n ir.i .izirio.:d The sucl-.c• ts an:
pra..:ticall y srnn<lin
6
in line to do
The No.1 selling scotch in Scotland.
I YEARS OLD, llP111ISC1tdl Whhky. OhUlled. lledd 11• .. IUdl1 SC1U11d.t•,.rtd l1Tb1J1•a I . la• • Y11k,N.Y.
FOR ''OUR PLACE
IN Tl-IE SUN. TR'' Tl-IE
51-IERATON 51-10\VPLACE
IN ARUBA.
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That's the life. That's the Sheraton Showplace,
the Aruba-Sheraton Hotel & Casino. Just $13 to $21
(U.S. $ per person per day, dbl. occ., E.P.,
plus tax, thru 15 Dec. '76, plus 10% serv. chg.).
For reservations at the Aruba-Sheraton, or
any Sheraton anywhere in the world, call free anytime:
800-325-3535 .
Or have your travel agent call.
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Aru ? Si •Ci C."
4
0 Ilotc e .. C8Si "'O
TOI , HOTELS & IWiS, \'/ORU1 NIOE
PAL/..! BEACH.   ARUBA, NA.  
---------
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" ... The Colombians are looking for someone whose appearance
will scream: gringo! So they figure Chic is just a local Latin ... '
ness with him. What he doesn't reck-
on on, however, is the fact that his
reputation as a big-shot dope dealer
from the States will strike some peo-
ple as an invitation to a ripoff. Kid-
napping is a highly developed racket in
Colombia, as it is in so many other
South American countries. When the .
word gets around that there is a mil-
lionaire American named "Cheek"
staying at the Yarimar, a gang of the
local hoods gets itself together to make
a snatch. Here's how it goes:
Chic is upstairs at the hotel that
' evening playing chess with a young
American dealer. Suddenly, lie hears an
uproar downstairs. Never . dreaming
that he could be the principal cause of
the commotion, he jumps up and runs
down the steps-straight into the arms
of the DAS, the Colombian narcs, who
are raiding the hotel. Seven rough-look-
ing dudes wearing civilian clothes and
brandishing pistols are herding all the
hotel guests into a back room, pulling
their passports and emptying their pock-
ets. As they push people around they
keep inquiring in loud voices, "Where
is Cheek?" When Chic appears on the
scene, none of the Colombians recog-
nizes him. Chic is small, swarthy, hawk-
faced, and mustachioed like a Mexican
bandit. The Colombians are looking for
someone whose whole appearance will
scream: gringo! When Chic pops in
sight, they figure he's just a local Latin.
They speak to him in Spanish and shove
him in a room with the other guests_
Just then, Fi-Fi walks into the hotel.
When a DAS man grabs him, Fi-Fi turns
and belts him in the face. The moment
Chic sees his comrade raise his fists,
he leaps into action and attacks another
of the DAS men. The DAS guys are
prepared for resistance. One has filed
the front sights on his pistol to razor
sharpness. With practiced skill· he
smashes Fi-Fi across the nose, knocking
him to the floor, where he lies bleeding
from a hideous gash. Chic, too, they belt.
When Chic picks himself up off the
deck, he feels a light going on inside his
woozy noggin. He flashes: These guys
with their rough-cut clothes and rusty
guns can't. be narcotics agents. Th
DAS has new automatic weapons--nc
nickel-plated .32s and old shotgum
You know what they are, schmuck
They're bandits! These scum bums ar
faking everybody out by posing as copi
The oldest play in the game. The S1
Valentine's Day shtik. And you, idio1
let them sucker you!
With that thought stinging him lik·
a scorpion, Chic leaps to his feet am
starts racing up the stairs two at
time. He's running for the second floor
where he can climb out a window ano
drop on top of the escaping b   n d i t ~
He makes the window, throws it ope1
-but it's too late! The thieves are tak
ing off in three cars. A quick check o
his room confirms his suspicions. While
the· phony police search has been gc
ing on downstairs, the bandits hav•
cleaned out every room in the hotel
They got Chic's Polaroid, his tape re
corder, and $700 in cash.
The life of an adventurer is ruled b:
Fortune, and this lady dictates that fo
;
every tip of the scale in one direction
there be an ans\vering dip in the other
direction. Chic takes a beating that night
at the Yarimar, but the next day he
scores a major breakthrough. He is
having breakfast with the battered and
bandaged Fi-Fi. As usual they are talk-
ing business. Chic is saying, "Look, I
wanna work with you, but you're jes '
like me--you're into transportation.
What I came down here to meet was
not another smuggler but the Colom-
bian Connection. You're gonna have to
introduce me to the Man." So Fi-Fi
takes Chic that morning to see the dude
who is supplying the dope. Actually,
there are two guys. (Whoever heard of
a dope business that wasn't some kind
of partnership?) One guy we 'll call
Don Evandro; the other, Manolo.
Don Evandro is a small, elegant , dis-
tinguished-looking old dude, with fine
Latin features and a great deal of
charm. He comes from one of the best
families in the region, and for many
years he served as a judge. At the
height of his political career, when it
seemed certain that he would be ap-
pointed governor of the state, he was
forced off the bench for passing bad
checks to cover his gambling debts·. So
he swallowed the most bitter pill an
upper-class South American can stom-
ach: He went into trade. Chic is intro-
duced to him as he sits behind the desk
of a large hardware store in the center
of town, surrounded by coils of rope
: and sacks of seed.
. The other partner in this clandestine
. · operation, Manolo, is a much younger
man who also comes from a pretty good
family. He looks like an old-fashioned
, Latin movie star with wavy hair, melt-
ing eyes, and pencil mustache--who has
. picked up too much weight . He runs a
small construction firm as his legitimate
business. (It was his "palace" that Chic
brought me to.) Needless to say, Ma-
nolo ·is the man who makes the deals,
-· moves the goods, and takes care of the
money. Don Evandro is merely the po-
litical arm of the operation and its dec-
orous front. (He's also the only one in
the tip who speaks English.)
When Chic meets Don Evarrdro and
Manolo for the first time, he is con-
vinced that he has cut into the main
line of the dope operation out of Santa
Marta. That's exactly what they want
him to think. As hard as Chic works
to impress the Colombians with his
credentials, just so hard do they work
to impress him with theirs. Don Evan-
dro invites Chic to hi s ornate baroque
mansion on one of the city's main
streets. Manolo opens his safe and
s'hows Chic his money: about half a
mill ion in cac;h. Chic . who's never hel d
OtllQ a d it tc· iP hi , lif·· b l t h;u pi .''Cd
i m:•) pk·11<y. th.: p.rt of tit hi:.:
!\ .:\·. Yor\ d1·1 · d I \I i t}, i 11r.1 ;1.: t« -
sources. Every day he drives up in his
shiny new car with his interpreter,
Cesar, at the wheel. He talks about his
wealthy partner back in the States who
will soon be joining the party. At the
drop of a hat, he expatiates on the
beauties of his 30-foot Tahiti ketch.
This rondelet goes on for about a
week, with each side countering the
other's professions of friendship and
demonstrations of power with answer-
ing professions and demonstrations.
Chic is in no hurry to bring matters
to a conclusion because he is bluff-
ing. The Colombians, for their part,
are accustomed to going very slowly.
Actually, Chic need not labor so
hard to ingratiate himself with his
Colombian connection. So far as dope
is concerned, Colombia is a buyer's
market. The supply of marijuana, hash-
ish, and cocaine so far exceeds the
means of transportation that Colom-
bians will do practically anything to
get the stuff off their hands. The stan-
dard asking price· for first-quality gold,
for example, is $40 a pound. The mo-
ment the buyer complains that this is
too much money, the Colombian con-
nection offers to "front" the grass-
sell it on credit-for $10 a pound.
If the buyer gets through with the
' load, he owes the seller the balance
of $30 a pound. If he doesn' t get
through-if his plane crashes or his
boat is seized or somebody hijacks his
load-the rule of the game is that he is
entitled to return and receive another
load on the same terms. This practice
of selling on credit is so common that
it has a special name: gorranando, which
is derived from de gorra, i.e., "without
paying." In point of fact, the buyer is
paying-and paying plenty-for the
grass, even at $10 a pound, because
the Colombian connection is buying it
at the farm for less than $7.
Most American smugglers provide
their own transportation, but if the
buyer has no plane or boat, he can
make a deal to have the stuff carried
in a Colombian vessel. The Colombians
load old freighters with up to 50 tons
of grass at a time, and send them chug-
ging up the coast of the United States,
where they rendezvous at four or five
different points from Florida to Canada
with small , fast-contact boats. Almost
anybody can raise enough money to buy
or rent a couple of old cabin cruisers
or fi shing boats which can run outside
the twelve-mile limit and pick up a
couple of tons apiece. The price for
this service is $80 a pound; but when
a smuggler runs the grass back to shore
it escalntes instantly to $250 a pound.
Wh.:11 he runs it up to New York by
ro., !, it j umps to a pc11111d If
a fn11 <1l ic- a 1uLtl m.tking 1non-
e) ;i11...'   , IT du: 1>-1ur, J, indi\ j, lu .. lly.
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n

ermca
happens
and makes the
year-round fun of
Pinehurst, N.C.
happen for you.
Combine a gentle climate with
one of the world's best natural
settings for golf and some of
the finest courses anywhere,
and you have a place that really
speaks for itself. Add a sensa-
tional new tennis complex, a
wide range of deluxe accom-
modations and recreational
facilities that run from 200 miles
of riding trails to a 200-acre
bass-stocked lake, and you
have Pinehurst. To help you get
there, Piedmont has terrific
Pinehurst Hotel, Golf Course
Villas and Country Club pack-
ages-along with wide-comfort
, .737 jets, via Fayetteville, N.C.,
from New York's LaGuardia.
; ,j..eave at 9:45 am or 7:00 pm;
it's less than 90 minutes, non-
stop. See your travel agent or call
Piedmont Airlines in N.ew York, .
489-1460; in Newark, 624-
8311. Most major
credit cards
accepted.
PIEDl77017T
" ... Colon1bian grnss th;1 t r-c , .. ;ts ~   a pound
can sell in New York City [or Sl, 000 ... "
they're worth about $500. If the grass
is bagged in ounces, "dimes" and
"nickels," the value of a single pound
of grass that cost $6 or $7 in Colombia
can be stretched on the streets of New
York to $1 ,000.
What the American smuggler wants
in Colombia is not a bargain price on
grass but insurance that the quality will
be high and the load will be at the
pickup point at the specified moment,
without any hassles and without any
problems with the police. The Colom-
bian connection, therefore, is not sim-
ply a dope supplier or warehouseman.
He is a dope factotum. He has to or-
ganize the hauling and loading opera-
tion, engage the crews, and rent the
trucks and tractors. He has to rent
the airstrip and prepare it for landing,
furnishing it with whatever the pilot
requires: a wind sock, a radio, gasoline,
food, vodka, cocaine. He has to be able
to bring a boat in at night with blinker
signals . and provide a pilot familiar
with the shore. He bas to be complete-
ly at home in a labyrinthine network of
police corruption, which extends be-
yond the local to the federal police and
coast guard 1111d entails not only bribery
to look away from the crime but brib-
ery to ride shotgun on the load and pro-
tect it against bandits--an interesting
switch on the customary duties of the
narcotics police! Above all, the Colom-
bian connection has to be so well-con-
nected himself that he is aware of
everything that is going on in the com-
munity that could interfere with the
smuggling operations. He has to have
advance word when the central govern-
ment is sending down the army to make
a sweep. He has to know when Cus-
toms has decreed that somebody must
get busted to make things look good in
Bogota. Et cetera, et cetera. If the con-
nection is doing his job, he's worth
every penny of the $30 over cost that
he's charging the American smuggler
for every pound of grass that passes
through his hands. That's what Manolo
keeps drumming into Chic.
Chic, for his part, couldn't care less
whether Manolo is worth his price.
What interests him is seeing with his
own eyes exactly what has to be done
to buy the weed and get it out of the
country. He tells Don Evandro or Ma-
nolo: "Look, I got a partner back in
the States. When he comes down here
and I tell him, 'These people got this,
these people got that,' he's gonna say
to me: 'Did you see it?' If I can' t say
I saw it, he's not gonna believe me."
That is a marvelous pl oy because it
keeps the stream of discl osures fl owing.
One day, for example, Chi c is go-
ing on about how worried he is that
his 30-foot Tahiti ketch will run
aground coming into the secret loading
area. To still his fears, Don Evandro
introduces him to a tough-looking little
black who bears a striking resemblance
to Miles Davis. El Morro---the Maor-
is what everybody call s him. His busi·
ness is loading small boats with weed.
Don Evandro explains to El Morro
that Chic is an important business
contact who needs precise informa-
tion on docking his boat. Would El
Morro show Chic just what he will
have to do to load his vessel ? The Moor
thinks for a moment ; then he says he
will meet Chic at his hotel the fol-
lowing morning. They will get in
Chic's car and drive out to the Guajira.
The Guajira is one of the most leg-
endary lands of the dope game, a wild
and arid peninsula thrust out into the
Atlantic Ocean and ruled entirely by
outlaws. It was in the Guajira that Pa-
pillon lived his lovely idyll with the two
Indian women who were pearl divers.
It was in Riohacha, the principal town
of the region, that Papillon underwent
his nightmarish imprisonment in a dun-
geon that filled with water at high tide.
Chic has been dying to get out to the
Guajira ever since his arrival in Colom-
bia, but the region is so dangerous that
even the Colombian Army is reluctant
to enter it. When the army does make
one of its infrequent forays, it goes
heavily armed and often suffers the
casualties of war.
The next morning El Morro arrives
punctually at seven. something almost
unknown in Colombia. He is accom-
panied by two of his men, because no-
body ever, ever does anything by him-
self in a Latin society. Out along the
coastal road they drive about half the
distance between Santa Marta and Rfo-
hacha. They tum off the highway onto
a dirt road and roll down toward the
beach. When they get to the shore, they
are met by a ·watchman who is cradling
a shotgun in his arms. Then the whole
party takes off up the beach.
Eventually, the silently marching
men come· to a shallow river and plow
right through it. The water comes up
to their knees. A hall hour later, they
come to another river. This time they
have to take everything out of their
pockets because the water comes up
to their waists. Finally, they come
to the river they are seeking: the
secret river, the smuggling river,

where the boats put in to be loaded.
The rainy •season has just ended and
the river looks mean and swollen. El
Morro starts to undress. Chic follows
suit, pulling off his boots and and
standing there instantly naked because
he never wears any underwear. When
El Morro removes his tr 'Users, he turns
out to be   a brightly colored,
floral -patterned bikini. Then he pro-
ceeds to explain that this river is highly
dangerous.
The instant Chic hits the water, he
starts fighting for his life. The power-
ful downstream current is sweeping
him out to sea, while the deadly under-
tow· is dragging him down into the
depths. Putting forth all his strength,
he barely manages to hold his own.
Meanwhile, El Morro, who proves to
be an incredible swimmer, is diving to
the bottom and breaking the surface
over and over again, demonstrating the
depth of the water. Finally, both men
drag themselves out on the opposite
bank. Chic is winded but game. They
start to walk upstream, two little, naked
men: One is as white as the inside of a
radish, the other is black. Every ten or
twenty yards the Moor wades into the
river and demonstrates that in midstream
the depth is greater than his height. Chic
nods, signaling that he comprehends;
meanwhile, he's looking around in
every direction, spying out the lay of
the land. At the first glance he spots
the major advantage of this river for
smuggling: Its mouth is masked by a
sandbar so that when you gaze at
the shore from the sea all you see is a
continuous line of beach. As they ad-
vance farther up the bank, he observes
the encroaching rain forest gradually
close over the river, shielding it from
aerial observation. Pointing up at the
overhanging trees and vines, EI Morro
says : "Muy profundo!" Chic's eyes
narrow appreciatively. The Moor is
right. The river is virtually a tunnel
boring into the heart of the Guajira.
" Okay, okay," signals Chic, after
they have hiked up the bank a few
hundred yards. "You've sold me. Now
show me how you get the dope down
to the ship." The Moor signals his un-
derstanding and leads the way another
hundred yards up the river. Picking his
way through the green gloom of the
forest. he suddenly stops. He thrusts
out his arm, pointi ng off to the left.
Sure enough, lhere is a trail leading
0
ofT at an angle from the riverbank.
Chic laughs with glee when he spots
thi s muddy track. " It was the Ho Chi
Mi nh Trail, Al. hacked outa solid
jungle and full of footprints where they
carried down the last load strapped to
tht:ir b.1d:s. "
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First, though, they must make the long
trek back to the car. They could have
approached thfa spot much more close-
ly in the car; but by parking near it,
they might have attracted attention and
jeopardized the si te's security.
The walk back passes much more
quickly than the bike out. Soon they' re
in the car and heading out along the
highway deeper into the Guajira. Once
more they pull off and roll down to-
ward the beach. ·
Tliis time they approach a strange
and primitive-looking house, a kind of
Seminole Indian thatched hut on log
piles. A lean old Indian comes forth
to · greet them. He's wearing khaki
pants with no shirt. Around his neck is
a string of pre-Columbian beads big as
marbles. He's got a face like you'd see
on a Mexican coin. When he greets El
Morro, he seizes him in his arms and
lifts him clean off the ground. Then he
leads the way back to hi s house, shout-
ing instructions to his wife, who also
comes forward to greet the guests. She,
in turn, calls out to her maids and
then the whole party is assembled
around a table which is being laded
with every sort of food and delicacy
afforded by the region.
Soon Chic is able to infer that this
old Indian is the local smuggling over-
seer. His job is to live close to the land-
ing site and supervise the loading
crews when the boats run in. He has
made many moves with El Morro and
regards his appearance as a sign that
soon he will receive fresh orders. The
meal is prolonged all afternoon. By the
time they get back to town and drop
off the men, it is 7 P.M. Chic has passed
a perfect day in Colombia.
When Chic completes this epic reci-
tation, two emotions come surgi ng up
inside me. I want to applaud him for
his daring and resourcefulness in bur-
rowing into this nest of crime and cor-
ruption. At the same time, I want to
raise hell about being put in the posi-
ti on where, willy-nilly, I am going to
look like a big-time dope dealer and
become the target perhaps for just such
a kidnapping attempt as had been
made upon him. There was no time,
however, to offer congratulations or
make protests. After an anxious in-
quiry about the hour, Chic jumps up
and declares that we must depart im-
mediately for Manolo's house in town.
The Man wants to talk business with
us this very morning.
When we inqui re after Manolo, we
are informed that he was up late the
ni ght before at the cockfights, but he
will be waking soon. Won't we just
step out to th.: ccirport and join hi s
m.::11. \\ hu ar<. li :n in;; :• fe\•,
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lit 1 1h.·   It hit , b<:c!t c.k1. " 1.l(., I
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like an arbor with vines and wicker
cages filled with chattering birds.
In the carport is Manolo's father,
Gorizago, a smiling old man who sits in
a rocking chair, supporting on his lap a
pretty little girl with big brown eyes,
whose stubby little hand is constantly
grubbing about in a box of cookies.
This charming picture of domesticity is
violated the moment the old boy opens
his mouth. He speaks English but he's
senile or drunk or both, because all that
comes out of his mouth is sing-song non-
sense phrases and scraps of old English
music-hall songs from SO years ago.
Then I'm presented to Carlos and
Lucas, who are mulatto hit men from
the Guajira. These two guys have ram-
rod backs, little hindquarters, dark
complexions, big brown eyes, very
curly short hair , and huge hands. One
other man is there, a white man who
looks like Walter Matthau. He intro-
duces himself as an agronomist.
As soon as we are se.ated, Carlos, the
better-looking of the two hit men, be-
gins to do the honors of the house.
Holding the bottle of Johnnie Walker
Black Label in one hand, he pours
whiskey into a glass held in the other
hand and shoves it first into my face
and then into Chic's. The style of the
drinking in Colombia is crude, joyless.
and compulsive. It is like a game of
spin the bottle. First the host pours;
then he looks about him for the most
likely candidate; then he shoves the
drink into your hand. You are supposed
to throw back-like a man-an amount
equivalent to four shots. If you protest
that you don't want the whiskey. one
of two things wi ll happen: Your pro-
test will be interpreted as a demand
for some other kind of alcohol, in
which case the other two standard
drinks will be broken out: wonderful
and costly Napoleon brandy or--<:an
you believe this?-Manischewitz wine!
If your refusal is not interpreted as a
request for another kind of booze; if,
God forbid . the host gets the idea that
you're reluctant to drink. that you're
just being coy or hard to get. this steel-
muscled jaguar. this pistol-packing kill-
er, who would just as soon blow your
head off as look at you, will suddenly
adopt the simpering manner and en-
ticing posture of an old-fashioned
B-girl. He'll hold his bottle and his
glass up in the air, and then. with a
killing look from his beautiful , soulful ,
brown Latin eyes, he' ll plant himself
right in your lap and feed y_ou the drink
the way a mother feeds a baby. Can
you sec Chic Eder. with hi s pocked
complexion. bristling mustache. hawk-
likc fea tures, and skinny little sala-
nrnndi.: r body, suddenly receiving into
hi- h p 170 pound< or brown-panther
kil l r ., \\ .II . I 11.: ll } OU. it bru ,, up tl 1c·
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greatest laugh of anythi ng that hap-
pened the whole time we were down
in Colombia.
By I 0: 30 in the morning, everybody
is half-loaded. Grandpa is drooling
with senile dementia. The grim Guaji-
rans are starting to leak a little mirth .
Just then, the star of the show makes
his entrance, looking sleepy and be-
fuddled. Manolo has that spoiled Span-
ish look that comes ' from having been
the pampered boy-child in a macho
society. He's fat and sensual, his face
puffed out with starch and alcohol.
He looks ten years older than his real
age, · 34. When he sees us, though, he
smiles with great charm and explains
that he was up till dawn. After taking
one look at hls father, who has now
passed out in his chair-with the little
girl still seated on his lap consuming
her cookies-Manolo indicates that we
should · leave the house and go else-
where to discuss our busi ness.
We get in our cars and drive up to
the palace on the hill where I had
spent my first night in Santa Marta.
Manolo produces a flamboyantly col-
ored hammock and rigs it with prac-
ticed skill , holdi ng the rope end be-
tween his teeth, like a sailor. When
he's strung it up, he invites me to lie
down inside this soft. clinging body
snood. Meanwhile, the others have
dragged out chairs and inflated an air
mattress and prepared themselves as
Americans might for a sunbath or an
evening of chitchat on the veranda.
I have no inkling of what is to hap-
pen; despite what Chic told me this
morning, I' m still thinking in terms of
investigative reporting, journalism,
writing, getting the story-all that non-
sense. I recognize dimly in the back of
my mind that these people must regard
me as Chic's partner in crime; perhaps,
judging from our respective ages and
appearances, even his boss. If I had
given any thought to the matter, I
would have realized that no Colombian
could believe that I would come all
the way down to this godforsaken
place and enter the company of dope
smugglers and expose myself to all the
risks of such a venture just to get a
story. Why take the · risks of a dope
smuggler without participating in the
profits? Later on it becomes clear to
me exactly how these people regard
me, how they see my clothes, my man-
ner, my relationship with Chic as signs
of great wealth and power. Not only
do they regard me as wealthy, they
are in awe of my age. Or, more ex-
actly, they are astounded that a man
nearly 50, a man wi th gray hair, a man
who obviously isn' t or a
hardened criminal, would be engaged
in a business as dangerous as smug-
gling dope up from Colombia. To be in
the , game at my age is virtually un-
heard of. It must mean something. It
must mean that I am a man of power,
a man who is protected by money or
family or connections. Perhaps I am
the Godfather?
Once the stage is set, Chic steps into
the spotlight by squatting down with
his back against the porch rail so that
he faces the audience of attentive Co-
lombians. He's really in his element
now, chairing a sit-down in the Big
Yard and drawing on all his years as
a jailhouse politician and prison pala-
verer. He opens the conference like a
referee by laying down the rules of the
_game. Everyone is to speak in turn and
no one is to reply until the previous
speaker's words have been translated.
Cesar, who squats beside hlm, is ad-
moni shed to interpret every speech
faithfully, without shortcuts or dele-
tions. Now, having caught the audi-
ence's attention and established the
seriousness of our deliberations, Chic
goes into hi s act.
First, he establishes himself as a man
of goodwill. He explains that he is not
greedy-just ambitious. What he seeks
more than money is fri endship. When
a man has friends, he has everything.
When he has only money, he has noth-
ing. As Chic enunciates these fortune-
cookie proverbs, Cesar translates them
in a low monotone. The effect is hyp-
notic. Medi eval. You can hear the
monks chanting in the cathedral. The
Colombians are spell bound. I ' m im-
pressed myself-and I know everything
he's saying ·is nonsense.
Chic turns now to what promises at
first to be nitty-gritty dirt talk, but
soon evaporates into pure fantasy.
Staring earnestly at his audience, he as-
serts, "My proposition is simple. I gotta
30-foot Tahiti ketch, and I wanna load
it up with the finest gold in the Sierra
Nevadas." Smiling disarmingly, he con-
fides, "My problem is-I don' t have a
lotta cash." Then, with a quick rush of
candor, he says, "The reason is ... " here
he pauses, turns, stares at me, and
smiles-"because my partner, here, Al ,
spends it quick as I can earn it. " When
thi s irresistibly human confession is
translated, it gets a big laugh. Manolo
rears up on his elbow from the air
mattress and says he understands per-
fectly; he has (Continued on page 61)
,

"
the
I f c I t L Ii c c I :-1 (" i c 111 c r i can f c I i 11 g 1 n
[ace of evil- that it j us t ain' t real. .. "
(Co11ti1111ed from page 56) the same
problem with Don Evandro. No matter
how much money he makes. the Don
gambles it away at the tables.
Lying in my hammock, witnessing
every word, every gesture, every breath
of this extraordinary conference, I feel
that I am watching a movie; or rather.
to be more accurate, I would say I
feel far Jess than I usually feel at the
movies. Though I know that my part-
ner, Chic, is dying to load up a boat
with marijuana and sail it back to the
States; though I recognize from the
accustomed manner in which these
men listen to Chic's propositions and
their replies that they have engaged in
many such conferences as this one;
though I realize that this is your
typical Colombian dope conspiracy,
viewed close up like you' d read it in
a book-I still can' t believe the evi-
dence of my eyes and ears. Looking
back on the whole Colombian adven-
ture today. I would say that was my
greatest failure down there: I could
never believe ;what was happening
right before my face. I suppose it was
partly psychological insulation: a pro-
found, morally grounded reluctance to
get involved in a criminal conspiracy.
There was also an element of naivete
and ignorance of the underworld. The
principal reason for this curious emo-
tional disconnectedness was, however,
the feeling I always have in the face
of evil-that classic American feeling
-that it just ain't real.
As the conference nears its end,
with Chic rising to ever greater heights
of fantasy, phiJosophy, and playacting
(I think this performance must be one
of the greatest · moments of his life) ,
the mood of the meeting begins to
heighten and brighten and levitate to-
ward jollity. Reaching down into his
deepest well of inspiration, Chic hauls
up what he must feel will be the ulti-
mate Latin put-away. Turning to Cesar
with an air of Rooseveltian nobility and
phopbecy, he says: "Tell them that
once the business gets going, I 'm gonna
come back here and buy me a piece of
land in this country and build me a
house where I can live half of every
year." When the Colombians hear the
magic words casa, patria. vita, their
eyes light up, smiles wreath their nod-
ding faces, and Manolo, recumbent all
this time on the mattress, rises up and
speaks vigorously. Translated, his words
are: "I have just the land for you: a
place where you can see the mountains,
you can see the" sea, and where no one
Jives near you. There is only one prob-
!em: Our law says that no foreigner can
live here for more than a month wi th-
out a visa, and with a visa only six
months. It 's too bad you have Mary
because our law says that if you marry
a Colombian citizen, you could live
here forever. I have a lovely sister. ... "
As he says the word sister, everybody
bursts out laughing. Manolo raises his
hand. Rotating it slightly at the wrist,
with a comme ci, comme f a gesture,
he smiles and says, " For business I will
do anything!"
So, on this note of macho humor
and dynastic fantasy, the conference at
the Palace of King Dope concludes.
After the Colombians have departed,
Chic says: "Next time we have one of
these meetings, Al, we're gonna get the
whole thing on tape.""lsn't kinda
dangerous?" I ask. "Not if we're
careful. We'll jes'have to stash the ma-
chine someplace close where it can
pick up the voices." "Yeah," I reply,
"but what's gonna happen when the
reels run out? These Sonys make a buz-
zing sound when they stop--or a pop
when the buttons come up." "Stop run-
nin' scared, Al!" barks Chic.
Against my better judgment, I agree
that every time we have an interview
with one of the dope plotters, we will
make a sneak recording. It is a decision
that nearly costs me my life.
By this time, it is late in the after-
noon: check-out time at the hotels. We
decide to try to get me a room. Get-
ting into the car, we drive out to the
main highway. Instead of making the
tum !Oward Santa Marta, we turn in
the opposite direction and sweep down
the other side of the hill , twisting and
turning toward the next bay along the
coast , a resort area called El Rodadero.
The hotel Chic has in mind is called
the Tamaca Inn . From a distance,
driving along the highway or walking
up the beach, the Tamaca looks like
any modern cast-concrete building. It's
square and white and functional in ap-
pearance. When you get inside, how-
ever, and get a close-up of the construc-
tion, practically every surface, every
wall, ceiling, shower, or window, screams
CRAFT! The place is so badly built
that it wouldn't qualify as a cheap mo-
tel in the States. Naturally, there is no
hot water. What gripes you even more
is the way the water pours out of the
shower and all over the floor. Or the
way the door to the terrace-with its
smashing view of the Caribbean and
the tropical sunset- slams shut with a
noise like a pistol shot every time you
open the door to your room. Or--0h,
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P. O. Box 5125. Dept. MH ·
• Bakersfield, Cnlifornin 93308
Street _ ____ _____ _
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SLate _ ______ Zip __ _
L------------.J
OCTOBER 18, 1976/ NEW YORK 61
\ I
'I
l
I
I
I
..        
,,
·r 1G dope \·;1('a ti on<' rs nre a gro\ving class
o [ t l av c 1 c rs [ r o Jn s J 11 a 11-to\ v n A in er i ca . . . "
push car where hard to find . Then 'e
go down, 'ide drogs ." "Sure," I think.
"I 1 figures. Smack any car in Colombia
and it's even money you'll hit a dope
jackpot."
Once 1 get established at the Tama.
ca, I begin to observe my fellow ,guests.
They fall into three distinct groups.
First, there are the Colombians from
the . interior: prosperous families on
Christmas vacation enjoying the cus-
tomary life of a beach resort.
tfil<re are the young Americans,
(rom the Midwest, who have come
down to Santa Marta to enjoy a
beach holiday and get off on the local
dope They are dope touriliti; a dis-
tinct and growing class of travelers that
- for cihvimrs reasons cannot be the tar-
get of heayY ads in the sljck mags QI
RQSters on public transport <1.Lai:ticles
in the AmeriCan Express magazine hut
who will someday account for a Jot of
vacation dollars in certain ar e
wor . at is so amusing about these
dope vacationers is the fact that they
· are very small-town-Americ.a. One
young woman tells me that she can' t
get over how happy her husband is here
in Santa Marta. He is a different man:
a lot of fun and very romantic. " What
explains it?" I ask. " It's the dope!" she
says, in exactly the same tone of voice
that her mother would have said, " It's
the salt air!" or " It's the country life!"
The Colombian government estimates
that 50 percent of its tourists come to
the country intent on buying drugs. The
best bargains in the land are certainly
marijuana, hashish; and cocaine. Santa
Marta Gold, which costs $60 an ounce
in New York- if you can ·get it-goes
for about $6 an ounce in Santa Marta.
Cocaine that is 89 percent pure- which
is as pure as sniffing cocaine can be
made-sells for $10 a gram. In New
York what passes for good coke costs
$100 a gram.
The important thing about all these
drugs is not simply their low price or
high ,quality. To an American, accus-
tomed to being hassled, cheated, and
even arrested and jailed for possession
of smalt amounts of "controlled sub-
st.ances," the thrill of Colombia, is being
able to walk around the corner, knock
on the door, put down your money, and
pocket your goods. Not that there is no
danger of arrest : The narcs are every-
where and the hotel employees may be
snitches. Exercising normal precautions,
however, nothing is likely to happen.
In the event you are busted, a few dol-
lars gets you off.
The most interesting class of tourists
are the "players," the dope dealers in
town to make a buy. Sometimes they
are easy to spot: three guys sharing
n suite and spending a Jot of time away
from the hotel on "business." Some-
times, though, the players are indis-
tinguishable from the dope touri sts. We
met one your.g couple who were barely
out of their teens. They were married,
and they came from a little town in
Wisconsin. The husband looked like he
worked for Sears Roebuck. Yet this
bland little boy was actually a daring
do-it-yourself smuggler. He had arrived
in Colombia with $30,000 in cash in a
suitcase. He had journeyed aJJ by him-
self up into the mountains, where he
had negotiated without an intermediary
to buy an entire field. Then he stood
by for several days while the stuff was
loaded and hauled out to a clandestine
airstrip. He had paid off the cops and
arranged everything so that when he
flew down from Racine, he would have
the load waiting at the field. He showed
us a picture that he had had taken of
himself sitting proudly atop a tractor
trailer buried in grass. He had a couple
of uniformed, machine-gun-toting cops
in front of him and a couple behind. I
could see him showing this picture
back home: "Hey, fellas, get a load of
this Colombian hayride! "
The fact is that by and large", Colom-
bians don' t smoke grass: They grow it,
smuggle it, die for it- but they don't
smoke it. And why not, you ask? The
answer- to a Colombian-is simple.
They believe that when a man smokes
not the first or the second but the third
puff of the "marimba," he _goes crazy
and becomes a killer. He could kill his
brother, his mother, hi s own children.
That 's why they call it "killer weed."
You, dear reader, have been brought
up to believe that all that stuff about
grass maki ng men crazy and murderous
was just the delusions of an uptight,
bull-necked narc named Anslinger.
You have always been told that
trary to. the myth, marijuana makes
men cool, laid back, pacific not bellig-
erent. If you were to rea_d the history
of marijuana, however, you would dis-
cover that all the wild tales that An-
slinger used in hi s notorious propa-
ganda were tales that he had collected,
not invented. They were .tales in many
cases that came to him from south of
the border, down Mehico way, where
grass has always been part of the life-
style. Nor were those tales necessarily
fictitious. Look at it this way: Every
of any scheduled airline
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OCTOBER 18, 1976/NEW YORK 63
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Q,. •.. [ "" Ct l'Eil S I
Ii • Y \ II Y 10 ' f· , (2 12J
hell! Isn' t this ridiculous-a man plung-
ing into the Heart of Darkness com-
plaining about the hotel plumbing!
When I awake on the morning of
my second day in Colombia, I feel that
I have finally gotten things under con-
trol. l am lodged in a tacky but pic-
turesquely situated hotel. I am enjoy-
ing the peace and privacy of a single
room. When I come to breakfast, I
find . the menu I had anticipated:
tropical fruits, huevos rancheros, and
excellent coffee. "Ah," I sigh to my-
self with satisfaction, "this is more like
it. Just like being on assignment for
Travel & leisure. " At that moment,
the door to the dining room opens and
in limps Chic like "The Spiri t of '76."
"What happened to you?" l chal-
lenge him. Seating himself at the table
and gazing pensively across the room,
he replies: " We were just in a head-on
collision." "What?!" I exclaim, strug-
gling to make sense of this incredible
announcement. "We were driving down
here and we ran head-on into a jeep,"
he replies matter-of-factly. " I think my
leg is broken."
They had been driving down the ser-
pentine highway from the house to the
hotel, when they cut into the first big
bend. Cesar had drifted out of his lane
and into the oncoming lane. A khaki-
colored Toyota jeep was laboring up
the hill in that very lane. Everybody
saw the jeep. Nobody reacted, because
there was plenty of time to get back
into the right lane. The two vehicles
came closer and closer, their combined
speeds being about 70 miles an hour.
Then they crashed. Head-on. Cesar
had frozen at the wheel.
Chic, Mary, and Cesar were thrown
into the windshield. l t is a miracle
that they weren't killed or concussed
into a coma. Even more extraordinary
was the behavior of the other driver. A
moment after the collision. he jumped
out of his vehicle-which had been
damaged only slightly- and threw his
arms up in the air in a gesture of abso-
lute exasperation. Then. without n sec-
ond's hesi tation. he put his shoulder to
the heavy jeep and pushed it clear
across the highway until he reached
the precipitous side of the road. where
it fell away into the valley. Then. with
one last desperate heave, he shoved the
jeep over the edge. As it crashed down
the cliff, he scrambled after it in hot
pursuit.
" What the hell does that mean?" I
exclaim, staring first at Chic, then at
Mary and Cesar. " l nsurance," flips
Chic. " La tin temper," giggles Mary.
''Drogs ," says Cesar matter-of-factly.
whil .: 1,w · hing g:n2 'rh the cut over his
CJ"<' ' ' Dru<,?·· I LLh • ... t'\
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Owner FUMIKO HOSOOA
welcomes you ...
"Dining at Shinbashi
is spending an evening
in Japan"
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Dinners at $5.90
Party Facilities,
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C11l lor ,our compliment1rt first lnaoo.
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Whac 1c t aktta to hutf oood
Meet at New York's
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lf you h<r<en't been 1n to see
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Our new monaeement has added 1111ny new !Pllies:
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We dehver. too! Dial-a·Dinner CM·2·2002
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by
ClARA
PIERRE
lHE ~ Cf oo-10\J
·speaking as a woman whose
self-image was destroyed
before it began because my
looks didn't correspond to the
Shirley Temple standards of my
generation. I om enchanted by
Ms. Pierre's brilliant and witty
celebration of the new freedom
to be yourself."
$8.95 Lynn Caine. author of WIDOW
READER'S DIGEST PRESS
Dis1rbuted by T.Y. Crowell
666 Fifth Avenue. New Yori<. N.Y. 10019
&4 NEW YORK/OCTOBER 18, 1976
" To Colon1bians, ~ l l thnt ... ·111ff ,, ~ n u t g1 ·1 .. s
inak i ng n1cn 111u rdcrous is not a dcl us ion ... ,
drug's acti on varies enormously de-
pending upon the charact er of the user
and the circumstances in whi ch he is
using the drug. The drug that makes
one person mild may make another
ferocious. In Latin countries, with their
cult of the macho male, their explo-
sive outbursts of temper, and their uni-
versal access to firearms, the momen-
tary relaxation of inhibitions that mari-
juana produces might well lead to
violence and killing. Or so those peo-
ple believe who have the longest his-
tories of using the drug.
Because Colombians don' t smoke
grass, they have no quality conscious-
ness. All marijuana is the same to them,
from the finest grades to •the worst
junk. When we got to Colombia, the
utopia of the dope smoker, we were
astonished at how poor the marijuana
was. Most of the stufI we got wouldn't
have rated better than "commercial" in
New York. It got to be a joke among
us how we had come all the way from
the States to find stuff that we wouldn't
have paid a dime for at home. When
we'd ask why the stuff was so bad,
we'd get all sorts of excuses. The dope
was left over from the last harvest and
had lost j ts potency. It had been im-
properly harvested by farmers who
were afraid of the police and didn't
let it grow to maturity. The soil had
been exhausted by overintensive cul-
tivation. The knowledgeable farmers
had been supplanted by novices- who
didn't understand the cultivation of the
plant. We were even given the classic
rural cop-out: that all the best stuff is
sent out of the country and only the gar-
bage retained for the local customers.
The climax of the whole Colombian
experience comes on New Year's Eve.
This holiday is big stuff. We are in-
vited to ring in 1976 at the house of
Maria, Don Evandro's mistress.
At Maria's there are the usual smiles
and salutations, the usual excessive
goodwill, and, as usual , nothing is hap-
pening. While Maria's rather predatory
girl friend, Lucinda, drags poor old
Don Evandro out of his chair and makes
him partner her through an erotic Span-
ish dance, I take a walk down the block
with Cesar. The tiny little bungalows of
identical design are filled with parties
of identical design. Everywhere you see
young women, children, and old folks
trying to have a merry old time with-
out their men. "Where are the men?"
I ask our interpreter. "They're out
drinking with each other. Later they
go see their women."
Finally, as the midnight hour ap-
proaches, we drive over to the one
house that seems to me a sensible
place to pass the night : the home of
Manolo. When we arrive, the father is
already dead drunk and the wife is
walking around scowling. Manolo ar-
rives soon after us and with eloquent
gestures explains that it has been an
exhausting evening of family responsi-
bilities for him: one compulsory visit
after another, all of them accompanied
by much "Blah, blah, blah."
As a hoarse foghorn blows, signaling
the end of the old year and the begin-
ning of the new, the mood brightens
perceptibly on Manolo's patio. The
Black Label Scotch appears to drown
out the bad champagne. Mary gets up
to dance with the host, and he puts his
hand before his chest, palm forward,
in a .coy and wonderfully Latin rumba
gesture. For one moment, it almost
looks as if we might have a party.
But no. We are in Colombia, the Land
of Violence and Heavy Vibes. As soon
as Manolo and Mary sit down after
the dance, Chic signals to me that
Mary has a tape recorder in her purse
and is taping the conversation. Like
a fool , I do nothing to avert the dan-
ger. In fact, I signal to Mary to move
closer so that the mike can pi ck up
the words distinctly. As usual Manolo
is talking Latin nonsense: o!Tering
florid advertisements for himself and
derogating the other people with whom
he feared we were thinking of doing
business. Every one of his self-serving
banalities is answered in kind by Chic,
who strikes me on this night and
several others during this trip as a
perfect man for a job in the U.N.-
where everybody talks for effect and
nobody means a word he says.
Then in the midst of the platitudes,
the self-serving remarks, the smoky
Scotch, and the distant sounds of fire-
works, I suddenly wake up to the fact
that my life is in danger. Before my
astounded eyes, Manolo reaches over
and plucks a tape recorder from Mary's
handbag. I am paralyzed. Chic leaps up ·
and starts to explain the machine's op-
eration, taking care to turn it off as he
quotes its price. For one second it ap-
pears that his explanations might be
acceptable. But no--Manolo's stare
turns black as he glares at the little
black box in his hand. He speaks
rap!dly, angrily. "What's he saying?" I
bark at Cesar. "He says he could have
you killed for this!" comes the answer.
Imagine having your life threatened
through an interpreter, yet! What is
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t r r ' lJ) , the.re is nothing to say. We
have been caught red-handed.
The worst of it is that we have
behaved more criminally than this
crook! He, poor man, has extended us
the hospitality of his home. He has
put himself out to entertain us and
treat us as honored guests. And what
· have we done? Behaved with the treach-
ery most Ameri cans complain is typical
of Colombians. What 's more, the whole
crisis has been engendered by an in-
credibly stupid and unnecessary act of
espionage. It is like something Rich-
ard Nixon would have done. Nothing
we could have recorded that night
would have been of the slightest value
to us. So why have we taken the ri sk?
There is no point in asking.
Chic is now insisting that the tape
recorder had been left on inadvertent-
ly, that we had been making a touristic
tape of the night's events for local
color, blah, blah, blah. All of a sudden
we' re journalists and not dope dealers
--0r narcs. (Because that is one of
our fears: that Manolo will think we
are some kind of offbeat American
cops.) Manolo is ranting about his
honor and his intelligence: "You think
I'm stupid, that I'm a fool! I'm very
smart! I knew there was something
wrong when you took our pictures
·- counting money! Why always this fl ick,
fljck, flick with the pictures?"
Then, extending his hand for my
camera, he announces that he is go-
ing to impound all our equipment
and have it examined by his "expert."
It might take a day or several days; he
can't say. But after he has listened
to the tape and developed the film, he
will render hi s decision- and take
the appropriate action. Then holding
out the camera and the tape recorder
by their straps, like a couple of slimy
snakes, he marches into the house.
"This kills it! " says Chic to me, re-
ferring to his dope-dealing. "I hope it
doesn't kill us!" I snap back. "You
guys got me in plenty of trouble now,"
whines Cesar. "He won' t hurt me,"
giggles Mary. "He loves gringas." At
that moment Manolo comes back on
the patio and plunks himself down on
a seat directly across from us. Chic
starts again with his explanations;
Manolo revives all his accusations. As
the cross fire of Spanish and English
ana lying rattles on and on, I find
myself becoming st uporous. I feel I
am actually going to sleep. Finally, I
hear Chic say that we should leave.
"No, don' t go yet," says Manolo. " Well, "
say I, "if we're not gonna leave, then
for Chrissake, let's eat!"
The moment I pronounce the magic
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You may not recognize
our label, but you' ll
certainly recognize the
famous -label suits we
sew it into.
With the Biltmore label,
the suit doesn't change;
but the price becomes
considerably more
suitable for you.
BILTMORE
Clothing for the man.
149 Flhh Ave. (21 St.) 71h floor (212) 777-5840
Dally: 10-6 Sat: 9-5 Sun: 10·5
MoSler Charge & Bank Amerlcard acceplcd
T-T-TEE SHIRT SALE
Tons of terrific. tees in 22 tempting tones.
Long and short sleeve from 3.95-7.95. Buy
3. get a short sleeve free. Good while our
supply lasts. · . .
Other as usual:
. f:-t_ .
PLUrnJERE

'
5 West 30th St.. 3rd floor, 564-7040
Open: Mon. thru Sat. 11- 6
Sorry no mail order
• 66 NEW YORK/OCTOBER 18, 1976
" ... I, the nice scholar •     c·;1 1, ')i 1J· ge')t uy-
ing guns to shoot it out \\' i th ou r assass ins ... "
word eat the whole mood changes.
Suddenly. everybody brightens. The
women, who had di sappea red at the
first sign of trouble, come flut tering
back: The light s go up, the musi c gets
louder, and soon the servants bring
forth the chicken and rice, which had
been prepared Jong before the mid-
ni ght supper. We manage to swall ow a
few dry mouthfuls; and then we leave,
quietly, apprehensively, each of us
withdrawn into his own thoughts. As
we drive home along the dark road,
we seem to congeal into a single glob
of human flesh. Chic and Mary an-
nounce that they have no intention of
sleeping that night at the house. I am
glad to have company in my room at
the hotel. Now that I am out of Man-
olo's house, my mind, which had felt
like a stuffed-up nose, suddenly
clears. It teems with images of dan-
ger. Could he have dispatched a car
filled with gunmen to follow us and
shoot us down along the road? Would
he wait a few days and then order our
execution? "From now on," says Cesar,
"everywhere we go,.we' ll have a couple
of Guajiros on our tail."
That night I go to sleep in one
bed while Chic and Mary conk out
in the other. I am surprised that I
don't feel more fear. Actually, what
I feel is a ki nd of resignation. Que
sera, seni. It helps to have lived most
of your life and have done what was
most important to you. Then when you
face the end, you don' t suffer the pathos
of "Not yet! For God's sake, give me
one more chance!"
The morning after the fiasco, .I
spot a tough, primitive-looking dude
planted on a sofa in the lobby staring
straight at the elevator door. When I
step out, he glares at me and i
stare back at him, . gri mly. "Ah," I
think, " they don't ·1ose much time,
these guys. Already we have our tail ."
After breakfast I . go upstairs and
find Chic lying in bed smoking and
. brooding. "Al," he replies to my ear -
nest inquiries, "I been "in a lot of tight
spots in the joint: times when I had to
think things through and get the right
answer or I'd a been killed. Now this
ain' t no different. We' re not gonna do
nothin' funny till we get the answer.
And these dudes ain't gonna start
bustin' caps until they're sure. If that
guy'd been really hot, he'd a blowed us
. away last night."
I don' t find this speech totally re-
assuring. I want to do something. I
look about me. Every minute a new
threat , a new danger suggests itself.
What if Ma nolo sends hi s men up to
search the room whil e we arc away?
They would find all our sneak tapes.
They would take them back to the
house, they would play them, they would
be enraged to di scover that we had
made recordings of secret negotiations
and illegal conspiracies. " We've got to
get rid of these goddamn tapes," J tell
Chic. " Let's erase the goddamn things."
I have a very simple, a very primi-
ti ve psychology: When I 'm threatened,
I get angry; when I get angry, I get
hard and cruel; when I get hard and
cruel, I want to kill. Or as King Lear
put it so well: kill , kill, kill, kill ,
kill! " So I, the nice scholar-pussycat,
suggest that we buy a couple of guns
and get ready to shoot it out with our
assassins. Chic shrugs that idea off
as ridiculous. Then I suggest that we
pack our bags and head for Barran-
quilla. We could lie low there for a
day and then jump aboard a pl ane for
the States. "You never run, Al . You
never turn your back. That's Rule
Number One of the game. Besides, you
wouldn' t get very far anyway. Them
dudes would really get scared if you
made a move like that. "
Suddenly, I have an inspiration. "Lis-
ten, Chicki e, why don' t we try to paci-
fy these guys? They' re uptight because
we taped them and snapped their pic-
tures, right ? Well , suppose we go to
them and say, 'Look, we know you
guys arc upset with us. We didn't mean
any harm. Just to show you we're on
the level- here's all our undeveloped
film. You take the film- we don' t need
it (and we don't, Chic, we really don't!).
That way you'll feel more secure and
you'll see we don' t mean any harm.'"
"That 's it , Al !" snaps Chic, spring-
ing up from the bed. "You've booked
a winner, comrade! I' m goin' over to
Manolo's right this minute. I ' ll take
the fi lm and lay it right in hi s hands.
That'll cool him out-quicker than an
ice-cube . maker."
With that, he's out the door and
off to the lion's den. For the next cou-
ple of hours, I walk around the hotel
as restless as a cat.
Finally, at suppertime, Chic breezes
foto the hotel. He isn't bringing the
answer we wanted, but he is bring·
ing good news. He had taken the film
to Manolo's but had found Manol o out
-as usual. Then, he had gone over to
Maria's. There he discovered Don
Evandro. He had told him the whole
story. Don Evandro professed to be
amused by it. He had taken the film to
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i t

: e .
You may not recognize
our label, but you'll
certainly recognize the
famous -label suits we
sew it into.
With the Biltmore label,
the suit doesn't change;
but the price becomes
considerably more
suitable for
BILTMORE
Clothing for the man.
149 Flfrh l\ve. (21 St.) 7th floor (212) 777·5840
Dolly: 10·6 Sat: 9·5 Sun: 10-5
Mnstcr Charge & Bank Americard accepred
T-T-TEE SHIRT SALE
Tons of terrific. tees in 22 tempting tones.
Long and short sleeve from 3.95-7.95. Buy
3, get a short sleeve free. Good while our
supply lasts. · . . .
Other surprises as usual.
. .
.

NEWliQ1K
'
5 West 30th St., 3rd floor, 564-7040
Open: Mon. thru Sat. 11-6
Sorry no mail order
66 NEW YORK/OCTOBER 18, 1976
" ... r, the ni cG scho1;1r pussy. ;.t.   uy ·
ing guns to shoot it out \Vi t h ou r assassins ...
word eat the whole mood changes.
Suddenly, everybody brighrens. The
women, who had disappeared at !he
fi rst sign of trouble, come flutt ering
bock: The lights go up, the music gets
louder, and soon the servants bring
forth the chicken and rice, which had
been prepared long before the mid-
night supper. We manage to swallow a
few dry mouthfuls; and then we leave,
quietly, apprehensively, each of us
withdrawn into his own thoughts. As
we drive home along the dark road,
we seem to congeal into a single glob
of human flesh. Chic and Mary an-
nounce that they have no intention of
sleeping that night at the house. 1 am
glad to have company in my room at
the hotel. Now that I am out of Man-
olo's house, my mind, which had felt
like a stuffed-up nose, suddenly
clears. It teems with images of dan·
ger. Could he have dispatched a car
filled with gunmen to follow us and
shoot us down along the road? Would
he wait a few days and then order our
execution? "From now on," says Cesar,
"everywhere we go, we'll have a couple
of Guajiros on our tail."
That night I go to sleep in one
bed while Chic and Mary conk out
in the other. I am surprised that I
don't feel more fear. Actually, what
I feel is a kind of resignation. Que
sera, sera. It helps to have lived most
of your life and have done what was
most important to you. Then when you
face the end, you don't sufler the pathos
of "Not yet! For God's sake, give me
one more chance!"
The morning after the fiasco, . I
spot a tough, primitive-looking dude
planted on a sofa in the lobby staring
straight at the elevator door. When I
step out , he glares at me and I
stare back at him, .. grimly. "Ah," I
think, " they don' t ·1ose much time,
these guys. Already we have our tail."
After breakfast I . go upstairs and
find Chic lying in bed smoking and
brooding. "Al," he replies to my ear-
nest inquiries, "I been 'in a lot of tight
spots in the joint: times when I had to
think things through and get the right
answer or I'd a been killed. Now this
ain't no different. We're not gonna do
nothin' funny till we get the answer.
And these dudes ain't gonna start
bustin' caps until they' re sure. If that
guy'd been really hot , he'd a blowed us
. away last night."
I don't find this speech totally re-
assuring. I want to do something. I
look about me. Every minute a new
threat , a new danger suggests itself.
What if Manolo sends his men up to
sea rch the room while we are awav?
They woul d find all our sneak tapes.
They would 1ake them back to the
house, they would play them, they would
be enraged to discover that we had
made recordings of secret negotiations
and illegal conspiracies. "We've got to
get rid of these goddamn tapes," I tell
Chic. "Let's erase the goddamn things."
J have a very simple, a very primi-
tive psychology: When I' m threatened,
I get angry; when I get angry, I get
hard and cruel ; when I get hard and
cruel, I want to kill. Or as King Lear
put it so well : kill , kill , kill, kill .
kill !" So I, the nice scholar-pussycat,
suggest that we buy a couple of guns
and get ready to shoot it out with our
assassi ns. Chic shrugs that idea off
as ridiculous. Then I suggest that we
pack our bags and head for Barran-
quilla. We could lie low there for a
day and then jump aboard a plane for
the States. "You never run, Al . You
never turn your back. That's Rule
Number One of the game. Besides, you
wouldn't get very far anyway. Them
dudes would really get scared if you
made a move like that."
Suddenly. I have an inspiration. "Lis-
ten, Chickie. why don' t we try to paci-
fy these guys? They' re uptight because
we taped them and snapped their pic-
tures. right ? Well, suppose we go to
them and say, ' Look, we know you
guys are upset with us. We didn' t mean
any harm. Just to show you we're on
the level-here's aJI our undeveloped
film. You take the film-we don't need
it (and we don't , Chic, we reaJly don' t! ).
That way you'll feel more secure and
you'll see we don't mean any harm.' "
"That 's it. Al!" snaps Chic, spring·
ing up from the bed. "You've booked
a winner, comrade! I'm goin' over to
Manolo's right this minute. I '11 take
the film and Jay it right in his hands.
That'll cool him out-quicker than an ,
ice-cube maker."
With that, he's out the door and
off to the lion's den. For the next cou-
ple of hours, I walk around the hotel
as restless as a cat. •
FinaJly, at suppertime, Chic breezes ·
into the hotel. He isn't bringing the
answer we wanted, but he is bring-
ing good news. He had taken the film
to Manolo's but had found Manolo out
-as usual. Then, he had gone over to
Maria's. There he discovered Don
Evandro. He had told him the whole
story. Don Evandro professed to be
amused by it. He had taken the film to
Two words
that pleasure
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68 NEW YORK/OCTOBER 18, 1976
" . .. T 1e big buyers are/\   S) ndic.11,-.;
oft en financed by \Veal thy prof ... ·'
fli nch. He isn' t going to give up any
information that would threaten his
operations, but he doesn' t mind tell-
ing me all the moves on the board. He
knows them well because he has been
playing the game for years. Though
he looks young and innocent, he started
early and has played hard. He says
he is worth $4 million and I believe
him. As the hours go by and the con-
versation grows ever more revealing, for
the first time in all the many months l
have been researching the marijuana
story l begin to get the picture of how
grass is really smuggled into the States:
The dope game in the Guajira is a
travel business. The head of the clan
will be an enormously wealthy and rel-
atively sophisticated man living in a
big city like Barranquilla. He will have
under his control two hundred war-
riors wearing loin cloths and carrying
AR-15 automatic rifles or Israeli sub-
machine guns. Every man will have a
specific job: driver, porter, guard, look-
out. They will collect the grass grown
in the hundreds of little mountain farms
They off-l oad their cargoes into tra\\'l·
crs which off-load in lurn omo cabin
crui sers and sai lboa ts that scatter in
every directi on. Even if one of these
little boats gets hit, the rest escape.
When the lighters come in, they are
met by off-loading crews that have
been " duplexed": that is, there are two
independent crews for each boat. Each
crew is positioned in a different area;
each one is keyed up to do the job. At
the last possible moment the decision is
made which crew to use. If an under-
cover agent has infiltrated the gang, he
has only a 50-50 chance of witnessing
the operation. The oil-loading crews
are so efficient that they can unload a
couple of tons in "twenty minutes, pack
them aboard a fleet of campers and
vans and send the dope racing out
across America before the police have
even begun to suspect that something
funny is going on in their neighbor-
hood.
l had gotten what I had come for-
the anatomy of the Colombian Con-
nection.
and bring it down to a central ware- Next day Woody comes back and we
house where 30,000 or 40,000 pounds talk again. This time he tells me that it
will be made available for inspection. is foolish to sit around in this hotel with
When a buyer comes down from the the whole area crawling with cops and
States, he is passed through a series df narcs and hit men. If I want to know
checkpoints until he reaches the ware- more about how the game is played,
house. There be picks out whatever be I should leave with him the next day
wants and gives the order for how it is and go out into the bush to a protected
to be baled. When the grass is ready finca where we could speak in perfect
for shipment it is loaded on trucks and privacy and where our safety would be
taken along a maze of trails across the guaranteed by well-armed bodyguards.
desert wasteland to either a secret dock- The idea appealed to me. Ever since
ing-site or one of the three thousand our scene on New Year's Eve I have
landing strips that have been built on been waiting for the axe to fall. Notb-
the peninsula. ing has happened, but who could say
The big buyers are American syndi- what would occur if we sat around
cates that are often financed by wealthy here much longer ? I tell Chic what
professional men: bankers, l awyers, Woody has offered to do. Chic is
doctors, all secret partners. These syndi- skeptical. He is also busy. He has
cates own fishing, shipping, and food- just met another dude who has offered
processing businesses that are legiti- to take him .up into the mountains
mate fronts for smuggling. The syndicate where the grass is grown and show him
bosses are shrewd and resourceful men a field of ripening gold, which is for
like the former mayor of Hallandale, sale. Finally, we agree to split up. I
Florida, John David Steele Sr., who would take off with Woody and Mary
pleaded guilty in April, 1976, to smug- · for the protected fines . Chic would
gling 22 tons of high-quality Colombian backpack up into the mountains with
marijuana into a seafood processing his new friehd. In three days, we
plant on the Pamlico River in North · would rendezvous at the El Prado Hotel
Carolina. The shipment was made using in Barranquilla. From there it would
a huge 112-foot fishing trawler. These be. easy to slip out of the country and
syndicates load a tanker with up to head home.
300,000 pounds at a major port in Co- A big sprawling river and seaport.
lombia and run it up the coast of the raucous and squalid, Barranquilla is
United States or across the ocean to where all the rich dope merchants live.
Europe. The big mother-ships never There is one whole district filled with
get closer than 60 miles from shore. millionaire mansions and another posh
.,
district that takes its name from one of
the lovelil!St hotels in South America:
the •El Prado. With imposing citadel
walls and towers wrapped around a
beautiful garden and pool, this hotel
forms an oasis of and beauty in
the hot and hectic city. To us, it is
even more: a refuge from the . cru-
dity and menace of Santa Marta and a
stepping-stone back to the safety and
civilization of the United States. Once
I get inside its handsome, aristocratic
lobby, l don't want to step out again
until I get in the cab for the airport. :
When the day appointed for our
rendezvous with Chic rolls around,
Woody, Mary, and I are already well
established in the hotel. Ask any smug-
gler and he'll tell you that the hardest
part of the game is the waiting. The
days and days of not knowing what
has happened to your friends, your
comrades and your partners. After a
week elapses, it's a. forbidden but ob-
sessive subject. After two ·weeks, you're
reciting the prayer for the dead. That's
the way the game is played.
This. time w'? are spared the worst.
After a delay of only 36 hours, Chic
shows up. A message on the public-
address system announces his arrival.
We rush to the lobby. He looks beat
but triumphant. As he strides down
the long corridor, we hear him singing
softly: "Mine eyes have seen the bud-
ding of the Santa Marta gold!" We get
him to the veranda and he runs the
story by us . .
The guy with whom he had gone up
into the mountains was a black man
who claimed to have the best gl"ass in
the Sierras. He was asking $70 a pound.
Chic said the price didn't matter if the
stuff lived up to expectations. They had
met -the morning after we had left. The
black explained that his neighbors were
very· curious about visitors, so it would
not be a good idea to show up in the
afternoon. They would arrive at sun-
set, sleep on the site, and then look it
over in the morning light before most
people were stirring. They had driven
out into the Guajira nearly as far as
the secret river, but instead of turning
off toward the beach, they had turned
toward the mountains. When the dirt
road ran out, they and hiked up
into the hills. By nightfall, they reached
a thatched sleeping platform.
.Next morning, in the early light,
they climbed down: off their sleeping
platforms and went to inspect the field.
It was a small plantation, careft.illy dis-
guised. AU the marijuana plants were
interspersed with corn and tomatoes.
From the air it wouldn't look like a
of grass. Close 1,1p, however, the
plants were large and well developed.
They had been pinched back carefully to
make them bush; instead of into a lot of
useless height, the strength of the plant
had gone into its girth.
The leaves were thick and the buds
were turning golden. In another week,
the fields would be ripe for harvest.
Chic had seen what he had come for
-the coming of the gold!
I won't tell you how we almost'
didn't make it to . Miami because the
Hertz manager who had rented us the
car that Chic demolished caught up.
with him. How Chic spent another
night of his life in jail. How we man-
aged to pay off a huge sum to Hertz
in time to catch our flight. I'll only
tell you that at one point in all this I
bought a cup of tutti-frutti from a ven-
dor, an infantile concoction of crushed
tropical fruits, sugar, and ice. Smack-
ing my lips over this confection, I gazed
at the distant tower of a hotel in Bar-
ranquilla and thought:   I'll prob-
ably miss all this when I get back to
New York." -
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..... . [) 1 ru· r
k _ _)
OCT(:._ t ·c. 1s:-,; ... : : 'h. - ·: 03
'1
•I·
(•
'1l

NOTICE OF ENTRY
51' PLEASE TAKE NOTICE !hilt
ha true-certified copy of a
duly entered In the ol clerk qi   rtlt_h!n
namtld court
on
Dated:

To:
J9
',(
ROSENSTEIN & KAHN . :y; ..
fD<
Office end Port Office
225 BKOADWAY
NEW YORK, N.Y. 1000)
_Attorney for
(.:; Sir
r!
'\·· . I
)·'
one of the Justices of the w!thl11 parooq
at
on the
60 Centre Street,
25th1ay of May
10:00 AM.
et
]'Jew
Dated:
May 18, 1979
Yours, etc.,
ROSENSTEIN & KAHN
AttQrneys for
Plaintiff
Office and Post Office Address
225 BROADWAY
NEW YOl\K, N.Y.10007
To:
David Michaels,
York,
19 79
)9
Esq
Attorney
f<l7lade Metcalf, Esq.
Defendants,
NY
·I'.-
·To;
Davi4


Slade Metcalf
1
Esq,
Attorney for· Defendants.
js tiereby ad1nitteq:
Onted, N.Y .. 19
Al torney for
Blackstone Siatio11ers, Inc., 585 ,\lcrrick Rel., Lynbrook,!'{. Y.
.
'
. •.---·
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..
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..
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-----------------------------------x
CHIC EDER,
Plaintiff,
-against-
ALAN J. WEBERMAN, a / k/ a A. J.
WEBERMAN, WILLIAM J. RYAN,
MARIANNE PARTRIDGE, RUPERT
MURDOCH and THE VILLAGE VOICE,
INC.,
Defendants.
-----------------------------------x
DEFENDANTS' REPLY
MEMORANDUM OF LAW
Index No. 02206/79
SQUADRON, ELLENOFF, PLESENT & LEHRER
5 51 F I F TH AV EN U E
NEW YO R K, N . Y. 1001 7
(212) 661- 6500
Of Counsel:
Slade R. Metcalf
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-----------------------------------x
CHIC EDER,
Plaintiff,
-against-
ALAN J. WEBERMAN, a / k/ a A. J.
WEBERMAN, WILLIAM J. RYAN,
MARIANNE PARTRIDGE, RUPERT
MURDOCH and THE VILLAGE VOICE,
INC.,
Defendants.
-----------------------------------x
DEFENDANTS' REPLY
MEMORANDUM OF LAW
Index No. 02206 / 79
This memorandum is submitted by all defendants in
reply to plaintiff's memorandum of law ("Opp. Mem0.") and
the affirmation of Marc Kann, Esq., dated June 19, 1979
("Kahn Affirm.") in opposition to the motion of all defen-
dants for summary judgment.
POINT I
SUMMARY JUDGMENT IS WARRANTED
HERE SINCE THERE IS NO
DISPUTE AS TO TWO MATERIAL ISSUES
Strain as he might to manufact ure disputed factual
issues, to defeat summar y judgment, plaintiff Chic Eder
("Eder") seriously misunderstands the nature of this motion
, _... _ -
as well as the law of libel. He apparently believes that
once a dispute arises as to the accuracy of any fact in
the article, summary judgment is unavailable. If that
were the law, no newspaper would publish for fear of exposing
itself to severe financial liability for the slightest
error.
In order to sustain a cause of action for libel, a
plaintiff must prove not only that a statement published
about him was false, but also that the statement was defam-
atory. See Rinaldi v. Holt, Rinehart   Inc., 42
N.Y.2d 369, 397 N.Y.S.2d 943 (1977), cert. denied 434 U.S.
969 (1977). If defendants are able to show that the
statements concerning plaintiff were not defamatory, then
there is no need to consider the question of truth or
falsity, since plaintiff will be unable to sustain his cause
of action for libel. Eder concentrates on denying that he
ever testified before a grand jury in Brooklyn, while
avoiding the issue of whether the statement is defamatory at
all.
On the other hand, Eder again concedes that he was
a DEA informant (Opp. Memo., pp . 8-10), and does not contest
that he was a high-level one (Tr . 78). He objects only to
the implication that ·he was a paid informant. The article
only states that Eder was "a high-level DEA informant." The
question of whether Eder was paid to be an informant cannot
possibly be material to the issue of whether the statement
-2-
about him is defamatory.
Indeed, Eder concedes that in
effect he was paid by the government's "quashing" of a case
against him. (Tr. 79) .
Plaintiff seeks, through innuendo, to expand the
obvious meaning of the words complained of to charge that
Eder was directly responsible for all the woes that befell
Forcade. "The court must decide whether there is a reason-
able basis for drawing the defamator y conclusion ." James v .
Gannett Co. , Inc. , 4 0 N. Y. 2d 415 , 419 , 3 8 6 N. Y. S. 2d 8 71 , 8 7 4
(1976). It should be clear to this Court that the reference
to Eder pertained only to his alleged testimony before the
grand jury (not a libelous accusation) and his association
with the Drug Enforcement Administration (not a disputed
fact). As in Moran v. Hearst Corporation, 40 N.Y.2d 1071,
392 N.Y. S.2d 253, 254 (1976), where the Court of Appeals
rejected plaintiff's reading of innuendo into the article in
question, this is a "trivial case" in which the article fell
"short of defamation as a matter of law."
Eder makes little attempt to contest the reality
that he is libel-proof as a ~   t t e r of law. As much as h is
attorney might like to hide his background , Eder at his
deposition candidly laid bare his long er iminal record .
(See the main memorandum in support of this motion for a
summar y of Eder's criminal exploits.) When as ked initially
which gr o up of people held an opinion of h i m for truthful-
ness, worthiness and good c haracter, Eder' s quick and simple
response was "Outlaws." (Tr . 73). This Court should find as
-3-
a matter of law that Eder has no responsible reputation to
protect.
In denying that summary judgment is appropriate
here, plaintiff's attorney relies upon and even quotes from
the case of Friends of Animals, Inc. v. Associated Fur
Manufacturers, Inc., 61 A.D.2d 141, 401 N.Y.S.2d 78 ( 1st
Dept. 1978). On April 5, 1979, the Court of Appeals
unanimously reversed the Appellate Division's order in this
libel case and reinstated the lower court's order granting
summary judgment in favor of defendants. N. Y. 2d __ , __
N.Y.S.2d , 4 Med.L.Rptr . 2503. In like fashion, this
Court should award summary judgment in favor of all de-
fendants.
-4-
  ~  
POINT II
THIS MOTION FOR SUMMARY
JUDGMENT IS NOT BARRED BY
THE DETERMINATION OF THE
PRIOR TWO MOTIONS
Plaintiff has understandably overstated and mis-
informed this Court as to the nature and disposition of the
prior two motions brought on by some of the defendants. A
restatement of the chronology of the litigation will define
the issues before the Court.
On January 10, 1979, the undersigned attorneys
accepted service of the summons and complaint on behalf of
defendants The Village Voice, Inc. (
11
VVI"} , William J. Ryan
("Ryan"} and K. Rupert Murdoch ("Murdoch"}. In lieu of
answering, Ryan and Murdoch moved pursuant to CPLR 3211 to
dismiss the complaint on the sole ground that they were not
involved in the preparation or publication of the Article .
(See Exhibits "A" and "B" to the Kahn Affirm. } Pursuant to
the same Notice of Motion, VVI moved to dismiss only the
second, third and fifth causes of action. The first cause
of action was directed solely against defendant A. J. Web-
erman ( "Weberman") and VVI specifically reserved its rights
to move against the fourth cause of action. (See Exhibit "A"
to the accompanying reply affidavit of Slade R. Metcalf,
sworn to the 28th day of June, 1979 [Metcalf Aff. "1 }.
In an opinion dated May 7, 1979, Mr. Justice
  r a ~ m a n denied the motion of Ryan and Murdoch, but without
-5-
prejudice to a subsequent motion for summary j udgment on the
issue of lack of advance knowledge . (Exhibit "B" to Kahn
Affirm.) The Court, however, did grant VVI 's motion to
dismiss the three cause of action. No notice of entry of any
order on that decision, has yet been served. (Metcalf
Af f. , 114) .
Defendant Marianne Partridge ("Partridge") was
served with a summons and complaint on or about February 16,
1979. Pursuant to a Notice of Motion dated March 8, 1979,
the undersigned also moved pursuant to CPLR 3211 to dismiss
the Complaint solely on the ground t hat she was not invo l ved
in the preparation or publication of the article. (Ex-
hibit "C" to Kahn Affirm.) Mr. Justice Shapiro denied the
motion, also stating that plaintiff should have an oppor-
tuni ty to complete discovery as to that issue. (Exhibit "D"
to Kahn Affirm.) There has been no notice of entry of an
order on that decision. (Metcalf Af f. , ,4).
Weberman, after being served with the summons and
complaint, answered , conducted the deposition of Eder on
February 16, 1979 and then made the instant motion for
summary judgment. Thi s is the first and only motion in which
he has been involved.
Plaintiff contends, in effect, that the defendants
should not be given a second bite of the apple. However,
defendants are no t asking for a second bite; they want a
fir st bite on the substance of the libel claim. Ryan,
Murdoch and Partridge wer e pr e viously un successful only on
-6-
; .
the issue of whether or not the complaint alleged their
invol vement suffi c ientl y to require them to answer.
They
did not address the substance of the allegations. VVI never
moved against the four th cause of action (the only one
remaining, other than the first which is solely against
Weberman), and, importantl y , it was successful on the motion
against the other causes. Weberman has neve r previously
moved at all. The issues on thi s motion have not been
previously litigated.
The second point of the Opp . Memo. concentrates on
successive motions for summary judgment. It is undisputed
that Weberman and VVI have not previously moved for summary
judgment. Even assuming arguendo, that the motions on
beha lf o f Ryan, Murdoch and Partridge were converted into
motions for summary j udgment, the testimony of Eder at his
deposition certainly provided "newly d iscovered evi dence ''
f or the instant motion. See Graney Development Corp . v .
Tak sen, 62 A.D.2d 1148, 404 N.Y.S.2d 180 (4th Dept: 1978) .
At the deposition, Ede r disclosed his vas t cr imina l record
and repeatedly conceded that he was an informant for the DEA .
.
Both these areas of testimony, not previous ly available,
support the instant motion.
The statement that someone was a DEA informant
mi ght arguably be d eemed defamtory. However, if that
indi vidual confirms the truth of the s t atement , then it
cannot as a matter of law be libelous . Eder ' s deposition was
-7-
held on Februar y 16 , 1979, long after the motion on behalf
of Ryan , Murdoch and VVI was ser ved . Since no one from the
office o f Partridge ' s attorneys was present at that deposi -
tion (Metcalf Aff ., '5), and the transcrip t of the deposi -
tion was not recei ved by that office until weeks later ,
Partridge did not have the benefit of that evidence when he r
Notice of Motion was se r ved .
In short, the nature of this motion and the evi-
dence on which it is based is different from the prior two
motions.
CONCLUSION
The motion of all defendant s should be granted and
the Complaint d i smissed .
Dated : June 28 , 1979
Of Co'unsel :
Slade R. Metcalf
Respectfully submitted,
DAVID MICHAELS, ESQ.
Attorney for Defendant Alan J .
Webe r man
342 Madison Avenue
New York , New York 10017
Te 1. No . ( 212) 8 6 7-1170
SQUADRON , ELLENOFF, PLESENT
& LEHRER
Attorneys for all other
Defendants
551 Fifth Avenue
New York , New York 10017
Tel. No . (212) 661-6500
-8-
....
-' f . ..,

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-----------------------------------x
CHIC EDER,
Plaintiff, Index No. 02206/79
-against -
ALAN J . WEBERMAN, a /k/a A. J.
WEBERMAN , WILLIAM J . RYAN ,
MARIANNE PARTRIDGE, RUPERT
MURDOCH and THE VILLAGE VOICE ,
INC.,
Defendants .
-----------------------------------x
STATE OF NEW YORK )
)
SS:
COUNTY OF NEW YORK
AFFIDAVIT
SLADE R. METCALF, being duly sworn , deposes and says :
1. I am an attorney duly admitted to practice in tr-.,.
State of New York and am associated wi th the firm of Squadron,
Ellenoff, Plesent & Lehrer , attorneys for all the within defend-
ants except for Alan J . Weberman ("Weberman") . I submit this
Affidavit in reply to plaintiff's option papers on the instant
motion for summary judgment by all defendants.
2 . On January 30, 1979, my firm served motion papers
in connection with a motion on behalf of defendants William J .
Ryan ("Ryan") and K. Rupert Murdoch ( "Murdoch") to dismiss the
Complaint pursuant to CPLR 3211 solely on the grounds that they
were not invol ved at all with the preparation or publication of
the article in . question . Those motion papers also related to a

motion made on behalf .of t he defendants The Village Voice, Inc.
("VVI " ) pursuant to CPLR 32ll(a) (7) to dismiss the 2nd, 3rd and
5th causes of action in the Complaint . At page 11 of the
Memorandum of Law in ~ u p p   r t of that motion, VVI specifically
' reserved its rights to move against the 4th cause o f action on
,' the grounds that the words complained o f were not libelo us per se
I
and since the Complaint failed to allege any specific damages ,
that cause was dismissable. A copy of page 11 of that Memorandum
of La w is annexed hereto as Exhibit A. Accordingly, the present
motion for summary judgment is the first time that VVI has
addressed the 4th cause of action in the complaint .
3 . In view of Mr . Justice Framin's decision (annexed
hereto as Exhibit B to the affirmation of Marc Kahn, dated
June 19 , 1979) , the 4th cause of action is the only cause still
remaining against VVI. The merits of the 4th cause have nevery
been litigat ed .
WHEREFORE, it is respectfully pr ayed that t he motion by
all defendants for summar y judgment be grant ed in all respect s .
Sworn to before me this
28th day of June, 1 97 9 .
Notary Public
SLADE R. METCALF
-2-
NOTIC& OP' llNT"Y
Sir: Please take notice that the within is 1 (ctrtijied1
,.
true copy of 1
  ~ entered ID the office of the clerk of the withic
named court on 19
Dated,
Yours, etc.,
SQUADRON, ELLENOFF, PLESENT & LEHRER
Attorneys for
To
Office and Post 0//ict Addrm
551 Fifth A venue
NEW YORK, N. Y. 10017
Auorney(s) for
NOTICE 01' 9£TTLUCENT
Sir.-Please take notice that sn order
of which the within is a true copy will be presented
for settlement to the Hon.
one of the judges of the within named Coun, 11
OD
It
Dated,
M.
19
Yours, etc.,
SQUADRON, ELLENOFF, PLESENT & LEHRER
"
Ai-orntys for
I
To
Offiet and Past Office Addrm
551 Fifth Avenue
NEW YORK, N. Y. 10017
Anomey(s) for
lndexNo. Q2206 Year 19 79 .
SUPREME COURT OF THE STATE OF
NEW YORK
COUNTY OF NEW YORK
CHIC EDER,
Plaintiff,
-against-
ALAN J. WEBERMAN, etc., et al.
Defendants.
REPLY AFFIDAVIT
(COPY)
SQUADRON, ELLENOFF, PLESENT & LEHRER
Attorneys for Defendants
To
Office and Pou Office Address, Tdcphan1
551 Fifth Avenue
NEW YORK, N. Y. 10017
212--661-6500
Anorney(1) for
Service of • copy of the withiD
is hereby admitted
Dated,
Anomey(1) for
tDOO-JULIU• BLUM•ic .. o. tHC .. LAW 8L.AMIC rUllLl•Hr: ... s. N.Y.c. 10013
,.
I
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
- - - - - - - - - - - - -x
CHIC EDER,
Plaintiff,
-against-
Index No. 02206/79
ALAN J. WEBERMAN I a /k/a A. J. WEBERMAN I: REPLY AFFIDAVIT
WILLIAM J. RYAN, MARIANNE PARTRIDGE,
RUPERT MURDOCH and THE VILLAGE VOICE,
INC.,
Defendants.
- - - - - - - - - - - - - - - - - - - - x
STATE OF NEW YORK )) ss:
COUNTY OF NEW YORK
SLADER. METCALF, being duly sworn, deposes and says:
1. I am an attorney duly admitted to practice in the
State of New York and am associated with the firm of Squadron,
Ellenoff, Plesent & Lehrer, attorneys for all the within defend-
ants except for Alan J . Weberman ("Weberman"). I submit this
affidavit in r eply to plaintiff's opposition papers on the
instant motion for summary judgment by all defendants.
2. On January ·30, 197 9 , my firm served papers in
connection with a motion on behalf of defendants William J . Ryan
("Ryan") and K. Rupert Murdoch ("Murdoch") to dismiss the Complaint
pursuant to CPLR 3211 solely on the grounds that they were not
involved at all with the preparation or publication of the
article in question. Those motion papers also related to a
..
motion made on behalf of the defendant The Village Voice, Inc.
("WI") pursua nt to CPLR 3211 (a) (7) to dismiss the second, third
and fifth causes of action in the ·c omplaint. At page 11 of the
Memorandum of Law in support of that motion, VVI specifically
reserved its rights to move against the fourth cause of action on
the grounds that since the words complained of were not libelous
per se and the Complaint failed to allege any special. damages,
that cause was dismissable. A copy of page 11 of that Memorandum
of Law is annexed hereto as Exhibit A. Accordingly, the present
motion for summary judgment is the first time that WI has
addressed the fourth cause of action in the complaint.
3. In view of . Mr. Justice Flaiman's decision (annexed as
Exhibit "B" to the affirmation of Marc Kahn, dated June 19, 1979,
["Kahn Affirm."]), the fourth cause o f action is the only cause
still remaining against WI. The merits of the fourth cause have
never been litigated.
'\
4. Although an order has be en settled on bo th t he
Fraiman decision and the decision of Mr. Justic e Shapiro (Ex."Dn
to Kahn Affirm. ) on the motion of Marianne Partridge ("Partridg e"),
I am .uncertain whether either order has actually been signed and
entered. Certainly, no notice of entry of any order has yet been
served.
5. I am informed that on Fe bruary 16, 1979, David
Michaels, the attorney for Weberman, conducted the deposition o f
Eder. No one from my office was present since discovery between
Eder and all defendants except Webe rman had been stayed pursuant
-2-
to CPLR 3214 (b). (See my letter to Mr . Kahn dated February 16,
1979, annexed hereto as Exhibit "B"). Partridge was served on
or about that same day. I did not receive a transcript of that
examination until weeks later.
WHEREFORE, it is respectfully prayed that the motion by
all defendants for summary judgment be granted in all respects.
Sworn to before me this
28th day of June, 1979.
-3-
POINT II
THE SECOND , THIRD AND
FIFTH CAUSES OF ACTI ON MUST BE
DISMISSED SINCE THEY FRAGMENT A
UNITARY CAUSE OF ACTION
Pl aintiff ' s fourth cause of action attempts to
set forth all the elements of a claim for l i bel.****
However , the third cause of action, characterized as
" conspiracy to libel" , does not set forth a distinct and
separate cause of action, since it invol ves the identical
inj ury to reputation and arises from the same publication.
Morrison v . National Broadcastinq Co ., 19 N. Y.2d 453 , 280
N. Y. S.2d 641 (196 ) ; Russo v . Advance Publications, Inc .
33 A.D. 2d 1025 , 307 N. Y. S . 2d 916 (2d Dept. 1970) . It is
a fundamental rule in libel law that each separate pub-
lication gives rise to only one cause of action for libel .
Gregoire v. G.P. Putnam' s Sons, 298 N. Y. 119, 81 N. E . 2d
45,motion de nied 298 N. Y. 753, 83 N. E. 2d 152 (1948); Kern
v . News Syndicate Co . , Inc., 6 A. D.2d 404, 178 N.Y. S . 2d
274 (1st Dept . 1958) . Since only one publication by
The Voice is at issue here, plaintiff can allege only one
cause of action for libel .
The third cause of action pleaded states no ground
**** . . d'
Although VVI contends that thi s cause is is-
missable since neither the words complained of nor any
fairly drawn irmuendo are libe l ous per se and the co·mplaint
fails· to allege any special damage s, VVI reserves its
right to move against this cause o f action at a future time .
- 11-
S QUADRON, E L LENOFF, P LESENT & LEH RER
551 FIFTH AVENUE
NEW YORK. NY. 100 17
• 1 .. ..
H OWARD M.SOUADRON
THEODORE: E:LLE:NOFF
STANLEY PLE:SF. NT
STANLEY I . LEHRER
ALLEN A . STEIN
AF!7 :-iUA M . S I SKIND
HOWARD 8. SOHN
HARVE: Y HOROWITZ
NEAL M. GOLDMAN
Febr uary 1 6, 1 979
COUNSCL
DAV ID MILLER
HERMAN E . COOPER
CABl..C
£SGEEl.. AW
TCL E:PHONE:
(212) 661-6500
IAA LEE: SORKIN
ARTHUR a.STOUT m
SLADE R . J':1ETCALF
JUDITH R. COHEN
STUART A.OFFNER
TE:LE:COPIER
(2 12) 697-6686
BY HAND
Marc Kahn , Esq .
225 Broadway
New Yo r k, New Yo r k 1 0007
Re: Eder v . Weberman, et al.
Dear Marc :
As I informed you earlier thi s morn i ng , I will not be
able to appear at t he examinations before trial of your client ,
which had been scheduled for this afternoon at 2 : 00. CPLR
3214(b) specifies that service of a notice of motion under
Rule 3211 stays all disclosure until determination of the
motion . Since we served upon you our motion to dismiss pur-
suant to CPLR 3211 on January 30 , 1979 , all disclosure is
stayed pending det er mination of that motion , which is return-
able on March 9 , 1979 .
In addition , it wil l cer tainly be more efficient to hold
the e xaminatio ns of Mr. Eder on one day beginning early enough
i n the morning so that they can be completed by the end of
that day. I trust that in view of CPLR 3214(b) , Mr . Michaels
will also adjourn his examination of Mr . Eder until after the
determination of the motion. I t seems to me that if Mr . Michaels '
examination proceeds today, a n yth ing Mr. Eder says would not
be admissible a t Court and binding upon our client since we
were not present to cross-examin e .
Yours truly,
Slade R. Metcalf
caw
cc: David Mich aels , Esq . (By Hand)
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"'-
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-----------------------------------x
CHIC EDER,
Plaintiff,
-against-
ALAN J. WEBERMAN, a/k/a A. J.
WEBERMAN, WILLIAM J. RYAN,
MARIANNE PARTRIDGE, RUPERT
MURDOCH and THE VILLAGE VOICE,
INC., ,
'
-----------------------------------x
DEFENDANTS' REPLY
MEMORANDUM OF LAW
--
in reply
This memorandum is submitted by all defendants
p  
to ':he memofWndum of law of plain ti f" ("Opp.
/\
Memo.") " and the affirmation of Hare Kahn,
d,oJ:;-d L.'-""-' 1 'l
1
I 9 7 'j ( " /( o.L.,._ /} C . ")
EsqJ/l in opposition to the motion of all defendants for
summary judgment.
POINT I
SUMMARY JUDGMENT IS WARRANTED
HERE SINCE THERE IS NO
DISPUTE AS TO TWO MATERIAL ISSUES
Strain as he might to factual
defeat summary misunder-
a.-;;_;t, - +?J...i. ' l. c " eclz.,. • ) '
stBed- the nature of the iosta&t motion as well as the law oC /
libel. He apparently believes that once he loca':::s a dispute
a..V-4.v-'
/\ as to the accuracy of any fact in the article.=raplained of,

.fl'.><'2,__:fitraa-5s-:'srtunc::ic::-ee-ee"dd ed::-/\ I f' th at we r e the 1 aw , no news pap e r
would publish for fear-of exposing itself to severe financial
liability for the slightest error.
__ [
I
I
I
I
I
I
I
I
I
__:;J,
------- .......... ,:"'·.t""'h'"'.      
In order to sustain a cause of action for libel,
a plaintiff must prove not only that a statement published
about him was false, but also that the statement was
defamatory.
See Rinaldi v. Holt,
. l ?c·?
Rinehart!:_ Winston,
3
<fU· · 'Y
cu)·. cL,Jµ/ t-Jc Ll cr
77
/ ·
Inc.' 42 N.Y.2d 369, 397 N.Y.S.2d
943 (1977) .--:rt defendants
)
are able to show that the statements concerning plaintiff
were not defamatory, then there is no need to consider
the question of truth or falsity, since plaintiff will
be unable to sustain his cause of action for libel.
Eder concentrates on denying that he ever testified
before a grand jury in Brooklyn, while avoiding the
issue of whether the statement is defamatory at all.
On the other hand, Eder again concedes that
he was a DEA informant (Opp. Memo., pp. 8-10), and does
not contest that he was a high-level one (Tr. 78).
only to the implication that he was
a The article only states that Eder
was "a high-level DEA informant."' The question of whether
Eder was paid to be an informant cannot possibly be
material to the issue of whether the statement about
him is defamatory.
Plaintiff seeks, through innuendo, to expand
the obvious meaning of the words complained of to charge
that Eder was directly responsible for all the woes
that befell Forcade. ''The court must decide whether
there is a reasonable basis for drawing the defamatory
conclusion." James v. Gannett Co .. , Inc., 40 N.Y.2d
415, 419, 386_11,Y.S.2d 871, 874 (1976). It should be
- -----
clear to this Court that the reference to Eder pertained
only to his alleged testimony before the grand Jury
(not a libelous accusation) and his association with
the Drug Enforcement Administration (not a disputed
fact). As in Moran v. Hearst Corporation, 40 N.Y.2d
1071, 392 N.Y.S.2d 253, 254 (1976), where the Court
of Appeals rejected plaintiff's reading of innuendo
into the article in question, this is a "trivial case"
in which the article fell "short of defamation as a
matter of law."
....... :
./
Eder makes little attempt to contest the realitY
that he is libel-proof as a matter of law. As much
as his attorney might like to hide his background,
at his laid bare his long criminal
record. tsee the main memorandum in support of this tt1otion
for a summarY of Eder's criminal exploits.) asked
initiallY which group of people held an opinion of him
for truthfulness, worthiness and good character, Eder's
quick and simple response was "Outlaws." tTr. 73)·
This court should find as a matter of laW that Eder
here. plaintiff's attorneY relies upon and even quotes
J
J
./
from the case of v.
Fur   InC·• 61 A.o.2d 141. 401 N.Y.s.2d
-
78 tlst oept. 1978)· On April 5. 1979• the court of
Appeals the Appellate oivision's
order in this libel case and reinstated the lower court's
order granting summarY judgment in favor of defendants·
--N· Y. 2d-, _N. Y. S. 2d __...J 4 Med.L·Rptr. 2503·
rn like fashion, this court should award summarY judgment
in favor of all defendantS· °'
,/
- ·: :.·
.- .
L
POINT II
THIS MOTION FOR SUMMARY
JUDGMENT IS NOT BARRED BY
THE DETERMINATION OF THE
PRIOR TWO MOTIONS
Plaintiff has understandably overstated and
misinformed this Court as to the nature and disposition
of the prior two motions brought on by some of the defendants.
  of the chronology of the litigation
will define the issues before the Court.
On January 10, 1979, the undersigned attorneys
accepted service of the summons and complaint on behalf
of defendants The V-illage Voice, Inc. ("VVI"), William J.
Ryan ("Ryan") and K. Rupert Murdoch ("Murdoch"). In
lieu of answering, Ryan and Murdoch moved pursuant to
CPLR 3211 +r; Not-j ce of Motion dated .TanJJary 30 1 9 7 9)
to dismiss the complaint on the sole ground that they
were not involved in the preparation or publication
of the Article. (See Exhibits "A" ·and "B" to the Kahn
Affirm.) Pursuant to the same Notice of Motion, VVI
moved to dismiss ·only the second, third and fifth causes
of action. The first cause of action was directed solely
against defendant A. J. Weberman ( "Weberman") and VVI
specifically reserved its rights to move against the
fourth cause of action. (See Exhibit ''A'' to the accompanying
reply affidavit of Slade R. Metcalf, sworn to the 28th
day of June, 1979 [:Llcalf .nrf,;: .:'.'=}-) :-S'Tff/
In an opinion dated May 7, 1979, Mr. Justice
Fraiman denTed-themotion of Rya_n and Murdoch, but without
prejudice to a subsequent motion for summary judgment
C'-"Y'-'
-83 the issue of lack of advance knowledge. (Exhibit "B"
to Kahn Affirm.)
The Court, however, did grant VVI's
motion to dismiss the three cause of action. No notice
of entry of any order has yet been served on that decision,
so that a notice of appeal by Ryan and Viurdoch is not
yet appropriate. aft. J ff Yj)
Defendant Marianne Partridge (''Partridge'')
was served with a summons and complaint on or about
February 16, 1979.
Pursuant to a Notice of Motion dated
March 8, 1979, the undersigned also moved pursuant to
CPLR 3211 to dismiss the Complaint solely on the ground
that she was not involved in the preparation or publication
of the article. (Exhibit "C" to Kahn Affirm.) Mr. Justice
Shapiro denied the motion, also stating that plaintiff
should have an opportunity to complete discovery as to
that issue. (Exhibit "D" to Kahn Affirm.) T{u,,,_,   j
--:::;-,._,_,:{:c<:'- ..2--/,?X.; CL/ a-.... - ...,_ ,..__ <'-."• ,.;..,,7- d.,:u.;_u.,-,-.c.- cv;;<.(",I ../ '"-"::"
/, · Weberman, after being serv.ed with the summons /."..---<' ---<•.;:;,.,,_
i/r-<--e
and complaint, answered, conducted the deposition of
Eder on February 16, 1979 and then made the instant
motion for summary judgment. is the first and
only motion in which he has been involved.
(fi'.cp/.
OJI, 71' 4-)
/
Plaintiff contends, in effect, that the defendants
shold not be given a second bite of the apple. However,
defendants are not asking for a second they want
a first bite on the substance of the libel claim. Ryan,
Murdoch and Partridge were previously unsuccessful only
on the issue of their involvement. They did not address
the substance. WI never moved against the fourth cause
of action (the only one remaining, other than the first
which is solely against Weberman), and, importantly,
it was successful on the motion against the other causes.
J
Weberman has never previously moved at all. The issues
1
on this motion have not been previously litigated.
The second point of the Opp. Memo. concentrates
on successive motions for summary judgment. It is undisputed
that Weberman and VVI have not previously moved for
summary judgment. Even assuming arguendo, that the
motions on behalf of Ryan, Murdoch and Partridge were
converted into motions for summary judgment, the testimony
of Eder at his deposition certainly provided "newl y
discovered evidence" for the instant motion. See Graney
Development Corp. v. Taksen, 62 A.D.2d 1148, 404 N.Y.S.2d
180 (4th Dept. 1978). At the deposition, Eder discloseq
his vast criminal record and repeatedly conceded that
he was an informant for the DEA. Both these areas of
testimony support the instant motion.
The statement that someone was a DEA informant
might arguably be deemed defamtory. However, if that
individual confirms the truth of the statement, then
it cannot as a matter of law be libelous. Eder's deposition
was held on February 16, 1979, long after the motion
on behalf of Ryan, Murdoch and VVI was served . Since
no one from the office of Partridge's attorneys was
( 114 cr=e ;:1 fl<£i7ai.t a/I- , H- s-)
present at that   the trahscript of the
deposition was not received by that office until weeks
later, Partridge did not have the benefit of that e v idence
when her Notice of Motion was served.
In short , the nature of this motion and the
evidence on which it is based is different from the
prior two mot ions .
. .
CONCLUSION
The motion of all defendants should be granted
and the Complaint dismissed .
Dated: June 28, 1979
Of Counsel:
Slade R. Metcalf
Respectfully submitted,
DAVID MICHAELS, ESQ.
Attorney for Defendant Alan J.
Weberman
342 Madison Avenue
New York, New York 10017
Tel. No. (212) 867-1170
SQUADRON, ELLENOFF, PLESENT
& LEHRER
Attorneys for all other
Defendants
551 Fifth Avenue
New York, New York 10017
Tel. No. (212) 661-6500
-.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------------------------------------x
CHIC EDER,
Plaintiff,
- against -
ALAN J. a/k/a.A, J, WEBERMAN,
WILLIAM J. RYAN, MARIANNE PARTRIDGE,
RUPERT MURDOCH and THE VILLAGE VOICE,
INC., . .

-----------------•:---....                                        
Index·No.
ANSWER
•Defendant, ALAN J •. WEBERMAN, by his attorney DAVID
s. MICHAELS, does.hereby Ariswer the Complaint as follows:
1. Defendant adlllits the allegations of paragraph l
of the complaint.
2. Up0n information and belief, the defendant admits
the allegations of paragraph 2, 3
1
4 and 5 of the complaint.
3. Defendant, upon information and belief, denies
· · ·the allegations of. paragraph 6 of the complaint herein, ·except
that defendant denies knowledge of the allegation within
paragraph 6 of the complaint as to plaintiff's citizenship
within the State of New York.
4. Defendant denies each and every allegation of
paragraph 7.
5. Defendant admits the allegations of paragraph
8 insofar as they apply specifically to him and denies
knowledge of the other allegations therewithin.
.. ...
6. Defendant admits the allegations of paragraph 9
of the complaint herein. except defendant deniea t hat the
material quoted therewithin applies to plaintiff beyond
the first sentence thereof.
7. Defendant denies the allegations of paragraph
10 , except that he admits that it was intended to be
underatood that he indeed alleged that plaintiff waa an
informant for the United States Drug Enforcement Administra-
tion.
Defendant denies the allegations in paragra lOb,
lOc, d, e , f and g.
8. Defendant denies the allegations in paragraphs
11, 12, 13, 14, 15 , 16, 17, 19, 21 , 22, 23, 24, 26, 27, 28 ,
29, 30, 31, 33, 34, 35, 36 and 38 .
9. Defendant assat:s that he is without knowledge aa
to the truth or falsehood as to the   of paragraph
20 herein.
FOR A FIRS'X AFFIRMATIVE DEFENSE
Defendant asserts that the material and allegations
complained of are true.
FOR A SECOND AFP' IBMATIVB DEFENSE
Defendant asaerta that the material and allegations
- 2 -
..
complained of are constitutionally privileged under the
New Yor k State and United States Constitutions •
WHEREFORE, defendant Alan J. Weberman demand•
judgment dismieaing th complaint together with coats and
disbursements of this action.
Dated: New York, New York
January 30, 1979.
To:
ROSENSTEIN & KAHN
At torn ya for Plaintiff
225 Broadway
Nev York , Nev York 10007
Yours, etc .
DAVID S. MICHAELS
Attorney f or defendant
Alan J . Weberman
342 Madison Avenue
New York, New York 10017
(212) 867-1170
DAVI D S . M I C H A ELS
342 MADISON AVENUE
NEW YORK, N . Y. 10017
••
l 17
• 197
1
1
Michael Kennedy, Kaq.
148 East 78 Street
Hew York, Rew York
De•r Kr. Kennady:
February 2, 1979
I ancloae her•ith a copy of the am.on••
complaint and the article complained of in tba utter
of Eder v. Weberman.
I look f orward to •P*•king with you •&•ln
concerning information you .. Y have 1n thi• matter,
aad I tb•nk you for your ooopar•tlon.
DSM:ga
Inc.
cc.:
A. J. Weberman
6 Bleecker Street
Hew York, Mew York
Very truly yoara,
DAVID S. MICJIAll.s
l
S 6. - - ------ --- -'----- -- In Viol. of F.S. ------
WITNESSES AGAINST DEFENDANT: see reverse side for additional
witnesses
504. 01. 304
4udfr1· r; u w11y
- 7'
(
·'
II , .....
. , ...
' , '
,,. , :f·
' :( !' ,-
Lead Investigating Officer
..
DIST/ SECTION ID NUMBER
.. ,j._, r l (
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..
Days Off
J I
Duty
Ptionf::... "- : · . ';:(
Phone:-:%2l-?C
Phone:
Phone: · __ _,_ __
\.. , ...
,, Duty Hours: ;
 
Other Officer , , Days Off Duty Hours: , -:-, DIST/SECTION ID NUMBER
Other Officer
' ' 0 1 • 11
. DIST/ SECTION :-. . ..., ID NUMBER • • fo , ..,. Days Off
INFORMATION BELOW DOUBLE LINES SHALL BE COMPLETED BY THE COURT
• Duty Hours: .
l
WAIVER OF PRELIMINARY HEARING
, I . -4- - . ,,..
' • ... 4 • .-. .., " ...
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1
. • CASE NO. •
! ARRAIGNMENT, J UDGMENT, SENTENCE AND ORDER
Said ' Defendant was arraigned for trial on ________ _ _
ind entered a plea of guil ty t o the charge as set forth herein.
After hearing the evidence end duly considering t he 5ame, the Court
londs you, the Defendant, guilty of said charge; ANO
I T IS ORDERED AND ADJUDGED that you, the Defendant , are, ___ _
:iuil ty as charged of SBld off ense as set fort h herein. . •
IT IS, THEREFORE, the Judgment, Order and Sentence of the Court
1lla t yo u, the Defendant, be imprisoned in the Count y Jail of Dad e Count y,
Florida, for 1 t erm of _____ davs. and pay a fine of$ _ ______ _
..
.,
... :· - ,
'
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.. \ .
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'
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. .,. ...,.. ":\.• \
'
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._
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... i I '
I
CASE
ARRAIGNMENT, JUDGMENT. SENTENCE AND ORDER
Said Defendant was arraigned for trial on •
and entered a plea o f guilty to the charge as set • i'.
After hearing tho evidence and duly considering thll same'. the Cou'1 : . '
finds you, the Defendant, . guilty of said charge; ANO ·, i.
IT IS ORDERED AND ADJUDGED that you, the Oefa(ldant ..,are t
guilty as charged of said o ffense us set forth herein. ..., J
IT IS, THEREFORE, the Judgment, Order and of the
that you, the Defendant , be imprisoned In the Jail of Dade '·
Florida, for a t erm of days, and pay a fine of$ \ ".J
.i nd$ , t he cost herein; 'and in default of such payment
1hat you, the Oefendjlnt, stand committed to the County J ai l of Dade
.;ount y, Florida a t erm of • days.
and $ • the· cost hereon ; and in <Jt!ii.ilt of :· '
: • , that yol.l.. t.he Defendant, stand committ ed to t he;,·Coi.onty J aQ_,of  
• , • •. County. Florida ·for a term of days. '• , '1
DONE, ORDERED, AND ADJUDGED in open Court a t
l)ade County, Florida, o n
' ,\ '

:\. . . JudQ8
County Court in and for Dade County, Florida
• I
• \ - , .. J ••
: COUNTY COURT, MAGISTRAT
·' ....
.,
)
J _ DONE, ORDERED, ANO ADJUDGED in pi)en. Court et 01
Dade County, Fl orida, on ·
1

v .,,, •
·l ., •
:,.
. .
•• f
:
THE COUNTY COURT
AND FOR
DADE COUNTY, FLORIDA
•.
..
'
!- •
, .
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------------------------------x
CHIC EDER,
Plaintiff ,
- against-
ALAN J. WEBERMAN, a/k/a A. J .
WEBERMAN , WILLI AM J . RYAN,
MARIANNE PARTRI DGE, RUPERT
MURDOCH and THE VI LLAGE VOICE ,
INC .
Defendants .
                                                  ~                       x
Index No . 4265/79
A. J .
(Affirmation and
extensive exh ibits
omitted) .
PLAINTIFF ' S MEMORANDUM IN OPPOSITION
TO THE DEFENDANTS ' MOTION FOR SUMMA-
RY JUDGMENT
Of Counsel:
Marc Kahn
ROSENSTEIN & KAHN, ESQS .
Attorneys for Plaintiff
225 Broadway
New York, New York 10007
(212) 374- 1438
..

..
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------------------------------x
CHI C EDER,
Pl aintiff,
-against-
ALAN J . WEBERMAN , a/k/a A. J.
WEBERMAN , WILLI AM J . RYAN,
MARIANNE PARTRIDGE, RUPERT
MURDOCH and THE VILLAGE VOICE ,
INC. .
Defendants .
------------------------------------x
Index No. 4265/79
PLAINTIFF'S MEMORANDUM .IN OPPOSITION
TO THE DEFENDANTS' MOTION FOR SUMMA-
. RY JUDGMENT
PRELIMINARY STATEMENT
Plaintiff's injuries arise from the publication o f an
article in The Village Voice authored by A. J . Weberman and published
on or about November 27 , 1978. A copy of the article is annexed to
the defendants ' moving papers. Plaintiff's complaint originally s e t
forth five causes of action for relief.
During the course of this litigation, the plaintiff has
agreed that he would stipulate to the withdrawal of the second cause
of action as to each of the defe ndants . Therea f ter in his opinion
dated May 7, 1979, a copy of which i s attached t o the plaintiff's
opposing papers, Judge Fraiman dismissed the third cause of action
ii
2.
against the defend.ants, Ryan, Murdoch, and The Village Voice. The
fifth cause of action seeking punitive damages was also dismissed
as against those plainti ffs with leave to replead to claim
punitive damages as part of the relief sought in the remaining
causes of action.
The defendant A.J . Weberman answered the complaint on
January 30, 1979 . On the same date , The Village Voice , together
with Wi lliam J . Ryan and Rupert Murdoch, moved for di smissal of the
complaint or in the alternative, summary judgment . On February
16, 1979 , the plaintiff appeared pursuant to notice for deposition,
and was deposed by counsel for the defendants from 2:00 p . m. until
6:30 p . m., at which time David Michaels , Esq ., one of counsel for
the defendants stated he had no further questions of the plaintiff.
Thereafter by notice dated March 8, 1979, the defendant Marianne
- Partridge moved for dismissal of the complaint or in the alternative
sununary judgment. On or about May 8, 1979 all of the defendants moved
for summary judgment dismissing the complaint .
THE FACTS
On or before November 27 , 1978, the defendant Alan J.
Weberman wrote an obituary for Tom Forcade , a ·political activist
and publisher who cornmited suicide on November 16, 1978. Thi s
article was featured in the November 27 , 1978 issue of The Village
Voice , a weekly newspaper distributed throughout the New York
Metropolitan Area. At the time of the publication, Marianne
Partridge was the Editor of The Village Voice, William J. Ryan
principal owner of the Corporate defendant.
was President and Publisher, and Rupert Murdoch was a director and
as a man who was continuously harassed and plagued by government
The obiturary read in its entirety portrays the decedent
entire obituary:
The following excerpts comprise a substantial portion of the
certain members of the counter culture that he too was a "cop" .
police agencies, and further tormented by the allegation made by
"During the late 1960s and early 1970s
UPS served as the war room in the Under-
ground Press's fight for survival. The
FBI's Cointel program against the under-
ground was in full swing and Tom did his
best to combat it."
"Also, he allegedly led the riot that
occurred when Nixon was nominated. At
least this is what the FBI thought, since
they tried to frame him and his associate
Cindy Orhenstien, for possession of fire-
bombs."
"Recently Rick Namey, a former FBI
snitch who had infiltrated the Zippies
has come forward and admitted that the
Justice Department wanted him to falsely
testify about Tom and Cindy. Namey who
is now doing a book for Quadrangle Press
about his experience, refused to help
frame them. "
"Tom was arrested at the UPS office
by the FBI. He told them he was a member
of the Weather Underground and that his
comrades would soon free him. They be-
lieved him and placed two shot-gun
wielding guards in front of his cell .
"Very few other people would help
Torn. Rubin and Hoffman had called him
a cop during the Yippie- Zippie conflict
in Miami and the label stuck. Eventually
both Abbie and Jerry admitted this was
the wrong thing to do .
"High Times became more and more
successful. Yet Tom's name never ap-
peared anywhere in it . Torn was afraid
that the " cop" label the Yippies had ·
put on him ·would adversely affect the
magazine."
"In 1976 Torn showed up at Republi-
can Convention in Kansas City. During
a Yippie demonstration Torn was beaten by
Secret Service agents who were angered
by his success in gaining membership in
the White !Jouse Press Corps."
" In 1977 a federal grand jury in
Brooklyn began an investigation concerning
Tom Forcade based on the testimony of Chic
Eder, a high- level DEA informant who has
been characterized as "Mr . Marijuana" in
several magazine articl es. The pressure
began to build and Torn started to go into
periods of extreme depression. "
"A week before he killed himself Torn
told me that he believed the DEA Special
Operations Division might have sabotaged
  aircraft, since the remains of a
barometrically activated bomb were found
in the wreakage."
"Around this time Tom' s loft was broken
into. . Tom was shaken by the incident ,
which he attributed to a secret DEA investi-
gation into his finances ."
4 .
The statements explicitly concerning the plaintiff are
\
false , and plaintiff , during the course of his examination before
trial has so stated. Plaintiff also contends that the article
libels him by innuendo in the manner set forth in detail in the
I •
5.
complaint. As the above quoted passages from the obituary show,
a jury considering the entire Forcade article might reasonably
infer that plaintiff was a paid informer for the government, that
plaintiff. was part of a continuous pattern of harassment launched
by the government against Forcade, which included sabotage and
burglary, and that plaintiff's alleged instigation of a grand
jury investigation of Forcade was the straw that broke the camel's
back and led Forcade to take his own life. The jury considering
the article as a whole might well find that these innuendos consti-
tuted the kind of libelous. attack which :
..
~ t e n   s to expose (plaintiff) to
hatred, contempt or aversion, or
to induce any evil or unsavory
opinion of (plaintiff) in the minds
of a substantial number of the com-
munity."
Moran v. Hearst Corporation, 50 A.D.2d 527, 375 N.Y.S.2d .113, 114
(1st Dept. 1975), aff'd 40 N.Y.2d 1071 (1976). Defendants quibble
about what the articl e "merely says " (defendant s ' brief at p . 12)
and seek to divert the Court's attention from their own tortious
acts and prejudice the plaintiff by wai ving a red fl a g regarding
the plaintiff's admitted past criminal record. (See defendant s '
brief at p.17). Defendants continue their character assass ination
of the plaintiff by comparing him in their brief, at p .20 with
murderers and assassins . Defendants' brief affi rmation in support
of its motion simil arl y focuses on plaintiff's criminal record, at
paragraphs 2 and 3 , and seeks to divert the Court's attention from
6.
the main thrust of plaintiff's complaint by arguing tha t the
plaintiff has already conceded that he g ave certa in information
to the United States Drug Enforcement Administratio n which there-
fore makes him a "high-ievel DEA informant".
Plaintiff did indeed concede at his examination that
he had giv en certain technic al information to the United States
Drug Enforcement Administration and the Federal Bureau of Investi-
gation. In response to counsel's question, the plaintiff stated
that he had given:- ·information
"Only to the United States Drug
Enforcement Administration and I
stated prior to that what that. in-
formation was. That information
was dealing with a leak they had
in their c omputer. There was a
method of gaining access to in-
formation coming out of their
computers and I plugged that leak
for them." . (Eder transcript p.26
lines 6-11)
"I made a deal with the Unite d
States Government Federal Bure au
of Investigation to ascertain
whether or not their telephones
were in fact capable of being
tapped. I then tapped their
telephones and sold them that in-
formation in order to get my self
and other people out of problems
with the United States Government."
(Eder transcript p.26 - p.27 lines
. 21 - 25; line 1)
The gravamen of plaintiff's complaint however is that he
has been maliciously and wrong fully accused of informing on Tom
· Forcade. As stated at the examination:
"The main thrust of my argument
is this man maliciously called me
a government informant and the
,
society in which we live, a
government informant is a man who
puts another man in prison for
himself and is looked upon as a
piranha , and that is the thrust of
my argument here ." (Eder transcript
p .74 line 14 - 19)
"Let me be very clear about this:
With regard to any information or
any t estimony that might l ead to
an arrest or conviction of any human
being, I have not given any informa-
tion to any agency or anyone, p e r i o   ~
(Eder transcript p.28 lines 13 - 16)
7.
Informers have been despised in American Society ever
since Benedict Arnold. As the above quoted excerpts from the
obituary show, the decedent Tom Forcade was plagued by the "cop"
l abel placed on him by fellow political activists . Ironically, the
obituary notes that " eventually both Abbie and Jerry admitted this
_was the wrong thing to do ". Quite apart from being held up to hatred
ridicule or contempt , plaintiff has been exposed to the risk of serious
personal injury as a result of defendants' accusations. Nevertheless ,
defendants have vigorously rejected plaintiff ' s effort to discover
the evidence necessary to establish his case and repeatedly have
sought accelerated judgment from this Court to bar p l aintiff from
ever gaining an opportunity to prove his case before a j u ry. Each
of the judges who have passed upon the defendants ' prior requests
for accel erated judgment have rejected the same and required dis-
covery proceedings as set forth in the opinions annexed to the affir-
rnation of plaintiff's counsel submitted in opposition to the present
motion .
I .
POINT I
THE DEFENDANTS ' MOTION FOR SUMMARY
JUDGMENT MUST BE DENIED BECAUSE NU-
MEROUS ISSUES OF MATERIAL FACT RE-
MAI N IN DISPUTE .
One of the most e l emental rul es of motion practice is
8 .
that a for summary judgment must be denied whenever there
are material i s sues of fact in dispute between the parties . The
moti on for sununary judgment requires the Court to undertake "i ssue
f ind i ng" rather t han "issue determination". Sil l man v. _Twentieth
Century Fox Film Coro., 3 N. Y.2d 395, 404 (1957) . The existence
of sharp disputes over genuine i ssues of material fact , as in the
present case , bar any motion for sununary judgment at t his stage of
the proceedings . Friends of Animals , Inc . v. Associated Fur Manu-
  Inc ., 61 A. D. 2d 141, 401 N. Y.S . 2d 78, (1st Dept . 1978);
Dachowitz v. Kranis, 61 A.D.2d 783 , 401 N.Y. S . 2d 844 (2nd Dept . 1978)
Leveret v . Gavin, 18 A. D.2d 677, 236 N. Y.S.2d 496 (2nd Dept. 1962) .
As Mr . Justice Lupiano pointed out in the Friends of Animals ,
Inc . case :
" ... issue- finding , rather than issue-
determination, is the key to the pro-
cedure ... (S) ummary judgment is a dras-
tic remedy and should not be granted
where there is any doubt as to the
existence of triable issues . . . or where
the issue is arguable .. (.) (citations
omitted). 401 N. Y. S . 2d at 80 . "
Substantially every single material fact involved in this
case is in dispute. In his answer , appended to the moving papers,
the defendant Weberman denies substantially all of the material
;
9 .
allegations of the complaint (see Weberman answer at p . 2 pars . 7
and 8) . Moreover defendant Weberman in his answer asserts that the
material allegations complained of are true . Plaintiff says that
they are false . No sharper dispute could possibly exist, rendering
surrunary j udgment absolutely unavailable to defendants.
The remaining defendants have not yet submitted any answers
to the complaint .* Their answers will undoubtedly deny all of the
material allegations of the complaint , just as Weberman ' s answer
did and just as the remaining defendants did with respect to their
previous motions for accelerated judgment. The opinions rendered
by Judge Fraiman and Judge Shapiro in the prior motions, annexed
to plaintiff's opposing papers, clearly demonstrate that sharp
factual disputes concern the participation of the individual defend-
ants were presented to the Court on those motions . As Judge Shaprio
noted at p.2 of his opinion , the factual evidence of the involvement
of the individual defendants or lack thereof" .. . are matters peculiarly
within (their) knowledge and others working at the paper. As such,
plaintiff should not be expected to furnish proof on that issue be-
fore having the opportunity to complete appropriate discovery pro-
ceedings (CPLR 3212(f)) .'' See Shaprio ·opinion at p . 2 . Whenever
material facts in dispute are exclusively within the knowledge of
the moving party on a motion for summary judgment, such motions must
be denied . Utica Sheet Metal Corp . v . J.E . Schecter Corp., 25 A.O.
2d 928, 270 N. Y. S . 2d 259, 261 (3rd Dept. l966); Franklin National
Bank v. Degiacomo , 20 A. D.2d 797 , 248 N.Y . S.2d 586 , 587, (2d Dept. 1964);
*Indeed, the making of the motion before issue has been joined
affords another ground for the denial of the motion. See CPLR 3212
(a); Nichols v. Haehn , 8 A.D.2d 405 , 413 N.Y.S.2d 773 (4th Dept. 1959).
10.
SEIGEL, NEW YORK PRACTICE, p.388 (1978).
The defendants' woefully affidavit submitted
on the motion misstate s plaintiff's contentions to suggest that
no serious factual issues remain disputed. In paragraph 3 of their
short affidavit, the defendants state that plaintiff's "primary
concern in this matter was that his reputation as an 'honest outlaw'
was defamed by the allegation that he had testified before a Grand
Jury." (See affirmation of David Esq. at par. 3) · Plain-
tiff's transcript however, explicitly states that the main thrust
of plaintiff's not that he was defamed by the allega-
tion that he had testified before a Grand Jury, but rather that he
was defamed by the allegation that h e had informed on Torn Forcade.
  Eder transcript at p.74 lines 14 - 19 cited above at p.7).
Plaintiff further cont ends that he has been defamed by the allega-
tions , reasonably inferred from the article that he was a narcotic' s
agent, employed by the government for the purposes of harassing and
informing on Tom Forcade, and that he was part of a scheme of
harassment which included the murder of Forcade 's friend Jack and
the burglary of Forcade's home, all of which finally caused Forcade
to take his own life. Defendants refuse to recognize disputed factual
issues pref erring instead to hide be hind the inf lammatory assertion
that "plaintiff's reputation as a criminal and in criminal circles
is not protectable". (Michaels ' affirmation at par. 3) . Plaintiff' s
complaint however and the transcript of his deposition demonstrate
(
I
, ·'
11.
that plaintiff is not merely asserting defamation with respect · to
his reputation as an "honest outlaw"
"Q · So you mean, when you say among
your friends and business associates,
in paragraph 7, you mean other people
involved in violating the marijuana
law previously held you in high esteem?
A Tha t is correct.
Q Are you talking about anybody
else?
A. I'm talking about people out-
side of that, as well.
Q Who are the people that held
this opinion o f you?
A Outside the marijuana business?
Q Inside or outside, would you t el l
us who it is that you believe felt you
had a good reputation f or truthfulness,
worthiness and good character?
A Almost everyone I knew.
Q Most of the people you knew were in
the marijuana business, I guess; is that
true?
A No, not most of them. I would say--
Q What you are really complaining about
in this case is the loss of faith of the
people in the marijuana business who pre-
v iously b e lieved you were an honest out-
law and came to believe, through the
article--
A That is only
part is the people
me on an every day
lines 10 - 10)
part of it. The other
that come in contact with
basis .(Eder tran s . pp . 73 -   ~
Similarly defendants belabor the characterization of
plaintiff as a "high-level DEA informant", ignoring the fact that
12.
it is not merely the label of DEA informant that plaintiff complains
of, but rather the innuendo that as a paid DEA informant, he testified
against Tom Forcade in a Grand Jury proceeding which resulted in an
investigation of Forcade ·that drove Forcade to suicide. Although
counsel for the defendants belabored the characterization of plain-
tiff as a high-level DEA informant during the plaintiff's examination,
the true nature of the crux of plaintiff's case was clearly elicited.
"Q Were you or were you not in
the limited work with· that agency ,
which you have described to us, a
high level informant?
A Again, at such time as you
  a DEA agent with regard
to what their levels are , you
might be able to. ascertain
whether it is a high level or
low level. Okay?
Q Did you not tell us before
that security of their personnel
and their information was a very
important priority for that agency?
A Yes, I stated that the only
two things they were more concerned
with than arrest and conviction were
those two factors. · Again, as to
whether it is a high level DEA in-
formant, I am not arguing the point .
I did do business with the Drug
Enforcement Administration and I
am not arguing that point at all.
Q You conceded, in fact?
A Of course I have . The poi nt
is now, the point you are belaboring
is high level. I have answered the
question that I cannot state what
level I was . You will have to ask
the DEA. Okay?
;
Q Fine. Where in that article
do you find an allegation that you
received financial rewards for in-
forming on Tom Forcade? Would you
point out the place in that article
where it is stated and implied?
A It states it negatively.
There is an inference. By use of
informant, there is inferred in that
·fact of payment by the government.
Q In fact, monetary payment?
In fact, when you were a DEA in-
formant, what you received by way
of consideration was your release
from jail; is .that not true?
A That is not true. What I
received was a quashing of a case
against me.
Q Not financial reward?
A Not financial.
Q In fact, you know informants
are also rewarded in nonfinancia l ways?
A No question about it. What we
are stating, again, is inferred in that
is the payment from the government.
Q Simply by us e of the word "in-
formant"?
A Yes. It is my contention .. that
is inferred by a greater number of
people.
Q In fact, you never gave the
government any false information on
Tom Forcade because you never gave
them any information on Tom Forcade;
is that correct?
A That's correct ."( Eder transcript
pp. 78 - 79 lines 3 - 23)
l3.
J
"A ... I want to state in court
that Weberman has said that I have
given testimony in a Brooklyn
Federal grand jury in 1977 and I
am stating that is the basis of my
case, that I have not given testi-
mony against Forcade or anybody e lse
or any grand jury or any other place . "
( Eder transcript pp.80 - . 81 lines
22 - 3)
14 .
Defendants ' affirmation completely fails to address these
issues of disputed fact, preferring to i gnore them. Silence however,
does not discharge defendants ' burden of proof on this motion, and
the existence of disputed issues of material facts clearly require
the motion to be denied .
.. ·POINT. II
DEFENDANTS' FAILURE TO RAISE ON
PRIOR MOTIONS THE ISSUES RAISED
HEREIN, REQUIRES DENIAL OF THE
PRESENT MOTION
Each of the defendants, excluding A.J. Weberman, have
previously moved for accelerated j udgment under CPLR Section 3211 ,
and have sought in the alternative summary judgment against the
plaintiff . It is well settled that multiple sununary judgment motions
should be discouraged in the absence of a showing of newly discovered
evidence or other sufficient c ause . Graney Development Corp. v .
Taksen, 62 A.D.2d 1148; 404 N.Y.S.2d 180 (4th Dept. 1978); Abramoff
v . Fede ral Insurance Co . , 48 A. D.2d 676 , 368 N.Y. S.2d 44 (2nd Dept.
1975); Levitz v. Robbins· Music Corp. , 17 A. D.2d 801, 232 N.Y.S.2d
769 (1st Dept. 1962).
J
15.
There is no newly discovered evidence which would justify
the series of motions directed against plaintiff by defendants.
Plaintiff finished his deposition February 16, 1979, three weeks
prior to the motion of Marianne Partridge and three months prior
to the present motion. As the Appellate Division observed in its
Per Curiam opinion in Levitz, cited above .:
"Parties will not be permitted
to make successive fragmentary
attacks upon a cause of action but
must assert all available grounds
when moving for summary judgment.
There can be no reservation of any
issue to be used upon any subsequent
motion for summary judgment . A court,
upon a motion for summary judgment,
must examine all of the facts pre-
sented by the affidavits, pleadings
and documents and decide whether a
triable issue is raised. Once
having done so , a court may not on
a subsequent motion consider matter
which a party has withheld or failed
to urge a s a ground for gr a nting
summary judgment t heretofore denied.
The denial of the original motion
for summary judgment established the
law of the case and required the denial
of the subsequent motion in the circum-
stanc es herein." ( 232 N.Y.S.2d at 771)
Defendants have previousl y attacked t he sufficien cy of
plaintiff's complaint, as they have done again in the present motion .
Denial of the previous motions , now precludes defendants from obtaining
summary judgment on the same facts since t h e gran t of s uch relief
would clearly have the effect of frustrating the earlier dispositions .
See Martin v . City of Kohoes , 37 N.Y . 2d 162, 371 N.Y.S.2d 687 (1975 )
.J

16 •
Mobil Oil Corp. v. Town of Huntington, 85 Misc.2d 800, 300 N.Y.S.2d
446 (Sup. Ct. Suffolk Co. 1975).
Defendants have previously attacked the sufficiency of
plaintiff's complaint and offered affidavits and briefs in support
of their position, which has been rejected by the prior decisions
of Judge Fraiman and Judge Shaprio . Those decisions are now the
law of the case and bar yet another for summary judgment by the
defendants at this time. Both of the judges who have previously
heard defendants' motions have clearly indicated that plaintiff is
entitled to discovery before further motions of summary judgment
may be considered.
"Partridge's involvement or
the lack thereof are matters pecu-
liarly within her knowledge and
others working at the paper . As
such, plaintiff should not be ex-
pected to furnish proof on that
issue before having the oppor-
tunity to complete appropriate
discovery proceedings ." (CPLR
3212(f)). (Shaprio opinion, p.2)
"Accordingly, the motion to
dismiss on this ground by defend-
ants Murdoch and Ryan is denied .
This determination is without
prejudice to a motion, after appro-
priate discovery by plaintiff, for
summary judgment based on lack of
advanced knowledge of the article
by said defendants." (Fraiman opinion,
p.2)
It is patently unfair to allow parties to r emove themselves as
defendants, or obtain accelerated judgment when the facts upon which
their liability ari s es are solely within their knowledge, and the cases
l7.
clearly recognize that plaintiff may not be penalized because
he has no opportunity to develop proof in support of his complaint.
Mobil Oil Corp. v. Town of Hempstead, 59 A.D.2d 551, 397 N.Y.S.2d
141 (2nd Dept. 1977); Leopold v. Britt, 58 A.D.2d 856, 396 N.Y.S.2d
860 (2nd Dept. 1970).
The res judicata effect of the law of the case doctrine
bars accelerated judgment in precisely the circumstance present here,
where various defendants have already had two opportunities to seek
summary judgment and have been rejected by the court on both occasions.
For these reasons the present motion must also be denied.
CONCLUSION
Defendants launch numerous attacks upon plaintiff's com-
plaint, all of which could have been raised and should have been
raised in previous motions. pefendants no where seriously deny the
existence of material issues of fact concerning for example the
degree of involvement of several of the individual defendants, or
the question of whether a jury might reasonably read the article
to allege that the plaintiff is a paid government informer who was
part of a pattern of harassment against the decedent Tom Forcade, who
informed on Tom Forcade and participated in various criminal acts
directed against him and his friends, and who ultimately drove
Forcade to take his own life. The existence of these material
issues of fact, together with the defendants' failure to submit any
18.
proof regarding the same on this motion and the res judicata
effect of the previous decision require that the instant motion
be denied in all respects.
Dated: New York , New York
June 22, .1979
Of Counsel:
Marc Kahn
Respectfully submitted ,
'
ROSENSTEIN & KAHN
Attorneys for Plaintiff
223 Broadway
New York, New York
(.212 ) 3 7 4 -14 3 8
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
- ·- - - x
CHIC EDER,
Plaintiff,
-against-
ALAN J. WEBERMAN, a/k/ a A. J.  
WILLIAM J . RYAN, MARIANNE PARTRI DGE,
RUPERT MURDOCH and THE VILLAGE VOICE, ·rNc.,
Defendants.
.

.
.
x
MEMORANDUM --r N SUPPORT
OF DEFENDANTS ' MOTION
FOR SUMMARY· JUDGMENT·
SQUADRON, ELLENOFF, PLESENT & LEHRER
Of Counsel :
Neal M.. Goldman
Slade R. Metcalf
551 FIFTH AVENU E
N E W Y 0 R K, N . Y. I 0 0 17
(2 12) 661- 6500
Index 02206/79
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
- - - - - - - - - - - - - - - - - - - - - - x
CHIC EDER,
Plaintiff,
-against-
ALAN J. WEBERMAN, a/k/a A.J . WEBERMAN,
WILLIAM J. RYAN, MARIANNE PARTRIDGE,
RUPERT MURDOCH and THE VILLAGE VOICE , INC.,
Defendants .
- - - - - - - - - x
MEMORANDUM IN SUPPORT
OF DEFENDANTS ' MOTION
FOR SUMMARY JUDGMENT
Index No . 02206/ 79
This memorandum is submitted on be half of defen-
dant s Alan J. Weberman ("Weberman") , News Gr oup Publications,
Inc . ("Group" ) (formerly known and sued herein as The Village
Voice , Inc. [
11
VVI
11
]), William J . Ryan ("Ryan"), K. Rupert
Murdoch ("1·1urdoch") and Marianne Partridge ("Partridge") in
support of their motion for summary judgment dismissing the
outrageous claims for libel and prima f acie tort brought
against them.
The Parties
Plaintiff Chic Eder ("Eder") is said to be a r esident
of the State of New York who is sty l ed in the Complaint as an
innocent, well-meaning " e ntrepreneur, and venture capitalist,
and the sole owner and successful operator of a boating and
yachting business ." (Complaint ["Compl ." ], ~ 6   . His testi-
many on examination before trial, however, portrays a radically
different character--one of an " outlaw", the antithesis of the
upright citizen who is suffering the degradation of a defamed
reputation.
Group is , as VVI was for many years, the corporate
publ isher of a weekly newspaper entitled The Village Voice
( "The Voice" ) , which is distributed throughout the New York
metropolitan area . Ryan , former l y the President of VVI and the
Publ isher of The Voice , is a Vice President of Group and
President of the Village Voice Division. Murdoch , the Chair-
man of Group, was a director of VVI . Partridge was at the
time of the publication of the Article and until December 31 ,
1978 , the Editor of The Voice.
Defendant A. J . Weberman is and was a freelance
writer who wrote the article complained of (the "Article")
which appeared in the November 27 , 1978 issue of The Voice.
The Complaint
The Complaint sets forth five purported causes of
action, a l l pertaining to the same publication, in es_sence an
obituary for Tom Forcade (a well-known membe r of the counter-
culture) who committed suicide on Novembe r 16 , 1978. (A copy
of the Article is annexed to the Complaint as Exhibit " l" . )
The sole reference to plaintiff in the lengthy, but obviously
compassionate Article is as follows:
- 2-
"In 1977, a federal grand
jury i n Brooklyn began an in-
vestigation concerning Tom
Forcade base d on the testinony
of Chic Eder, a high-level DEA
informant who has been char-
acterized as 'Mr . Marijuana '
in several magazine articles ."
From this brief reference, plaintiff extrapolates
that Weberman intended to tie in Eder as the party responsible
for the various tragedies, listed in paragraph "10 " of the
Complaint, that befell Forcade .
The first cause of action , directed only against
Weberman , sounds in p rima faci e tort. Plaintiff al leges that
he "had a good r eputation for truthfulness, worthiness, and
good character " albeit only among his friends and associates
(Comp l., ,17) , that the referenc es to h im in the Article were
false and that in writing the Article, Weberman was motivated
"solely by personal hatred and animosity" towards him and
published ~   " for the sole purpose of injuri ng p laintiff and
causing serious mental and emotional s tress . " (Comp l. 111111 ,
12, 13). Plaintiff further alleges that Weberrnan's conduct
was "outrageous, transcending the boundaries of decency toler-
ated by society and totally without justification. " (Compl .
1115) . Plaintiff seeks $1 million in unspecified actual damages
and $1 million in punitive damages from Weberman .
Plaintiff withdrew his second cause of action
at hi s examination before trial . (Transcript of Examination
-3-
Before Trial of Chich Eder ["Tr."], pp . 90-92, a copy of
which is annexed as Exhibit "A" to the accompanying affidavit
of David Michaels, sworn to the 8th day of May, 1979 ["Michaels
Aff. "]) .
The third purported cause of action sounds in a
tort which will be called "conspiracy to libel", which alleges
that all defendants conspired to defame the plaintiff by
publishing the Article. In particular , plaintiff alleges
that the following statements were libelous per se, and were
published with knowing falsity or reckless disregard of the
truth, or in a grossly irresponsible manner :
(a) plaintiff laid a false information against
Forcade ;
(b) plaintiff committed perjury before the grand
jury;
(c) plaintiff conspired to murder Forcade's
friend "Jack"; and
(d) plaintiff conspired to commit a burglary at
Forcade's apartment. (Compl. ,128) .*
Plaintiff claims that his reputation has been damaged with
actual damage amounting to $1 million and punitive damages of
$1 ~ i l l i o n   No special damages are pleaded.
*Since the Article self-evidently says none of these things,
the allegations must be construed to charge libel by innuendo .
-4-
In his fourth cause of action, plaintiff sets forth
a claim for libel arising from the same publication of the
Article and makes the same allegations as in the third cause
of action as to defendants' conduct, the nature of his
injury (i.e., to his reputation), and the amount of damages
he seeks. The only differences are that he omits the char-
acterization of "conspiracy'' and adds the following allegedly
defamatory statements:
(a) p laintiff i s a "high l evel DEA informant ";
(b) a grand jury investigation of Forcade was
based on p laintiff 's t estimony ; and
(c) plaintiff caused the pressure to build on
Forcade , resulting in Forcade ' s suicide.
The fifth purported cause of action mere l y seeks
punitive damages in the amount of $3 million, without any
additional substantiye all egations .
Individual defendants Ryan , Murdoch and Partridge
have previously moved for summary judgment on the ground
that they had no involvement in the preparation , editing or
publishing of the Article. VVI has moved to dismiss the
third and fi fth causes of action on the ground of l egal
infirmity. These motions are still sub judice.
- 5-
The F"acts
In stark contrast to the image of a hard-working
businessman contained in plai ntif f's Complaint (which he
free l y admi t s t hat he 'never saw prior to his own examinat i on
[Tr. 91 )) , Chic Eder , as he described himself at his deposi-
tion , is a hardened criminal who has little respect for any
laws, save the one of self- preservation. By his own admission,
Eder has spent approximately 18 of his 48 years in prison
(Tr. 22) , cannot remember how many times he has been arrested
(Tr . 15 , 25), or the number or jai l s in which he has been
incarcerated (Tr. 21) , although he does recall that he has
been convi cted a t least six t imes for felonies (Tr . 15) .
The details of his criminal past will be detailed at Point II ,
infra. Moreover , he freely admits to his disdain for the
laws that govern the community . Thus, he explicates his
refusal to pay taxes as follows : " I have sort of a deal with
the government . Whatever they get is theirs and whatever I
get is mine ." (Tr. 56) .
Eder is primarily concerned that his " reputation"
as an " honest outlaw" has been defamed (Tr . 13) . In connec-
tion with the particular passage of the Articl.e which refers
to him, Eder feels that the "main thrust of my argument is
this man [Weberman] maliciously called me a government in-
formant " (Tr . 74 ) , although he readily concedes that he was
an informant for the Drug Enforcement Administration ("DEA")
- 6-
(Tr . 78)* (as well as the FBI [ Tr . 26]), he disputes the
c haracterizati on of " high level" informant. He further denies
t hat he ever performed his civic duty o f testifying before a
grand jury (Tr . 80) , bel ieving that were he ever to have
executed such a s u ggestion he ·woul d be rendered a social
outcast (Tr . 67) .
His assessment of his damages as a result of the
publ ication of the Article is so ludicrous as to be laughable .
On the one hand , he swears he did not make more than $ 600 in
the years 1 ~ 7 6   1977, or 1978 ; he has never filed any tax
retur ns (Tr . 54) . On the other, he stresses that his primary
business is the mar i juana trade , and that over a period of
time ending in April 1977 , Eder and Forcade brought three
shipments of marijuana totalling many thousands of pounds
i nto the Unite d States (Tr . 43- 44) . More than one million
dollars has passed through Eder ' s hands while e ngaged in the
marijuana business (Tr . 58) . He attempts to explain this
obvious inconsistency in his financial status by claiming
that he received no income from his mari j uana sales because
the cost of doing business eats up all his profit . In so
doing , he clearly manifests his contempt for the law- abiding
person and his refusa l to accept the norms that govern society :
*For additiona l confirmation of plaintiff ' s status as an
informant , see Exhibit B to the Michaels Affidavit , as wel l
as Tr . 41.
- 7-
"I don't make any profits , so I don ' t pay any
taxes . It's obvious what I am saying is I don't
pay any taxes to the United States Government
and I don't have any intention of paying taxes to
the United States Government . Therefore, I am
not going to state under testimony that I made
money on any ventures." (Tr. 56).
Eder candidly understands that he is stuck between the rock
and the hard spot :
JI I am in a cross here . I am damned if I do and
damned if I don't. I ' m stating that because of
the Internal Revenue Service having access to
what is in fact the public document , which I am
dictating at this point , that I don't want to
state I made more money than that. My primary
objection to these lies that were printed about
me is social. My attorney , however, tells me
that I must show financial damage in order to
make my case stronger. I don' t care if my case
is stronger or not stronger . Mr . Weberman
maliciously d e famed me in print and my statement
is this has hurt me socially much more than it
has hurt me on a business level , which is the
purpose . So whatever discussion that you g et
into wi th regard to my finances is pretty much
a dead end because we are not going to get
anywhere. I am not going to admit to you
having made more money than I would have to
pay taxes on. (Tr. 68-69) .
Eder asserts that an undisclosed source withdrew a
$100,000 investment in a magazine venture set up by Eder
after the publication of the Article (Tr . 64, 69), but speci-
fies no details. He then computes his $1 million actual
damages by claiming in his cavalier fashion that the invest-
ment would have grown to that amount by the end of the year
(Tr. 8 8) .
It is this self-styled "outlaw," this felon who
freely admits, indeed boasts , of his intention to break the l aw,
who now appea ls to the l aw to redress the l oss to his "reputation. JI
- 8-
ARGUMENT
POINT I
THE FIRST CAUSE OF ACTI ON
FOR PRI MA FACIE TORT MUST
BE DISMISSED
The first cause of act ion in the Complaint seeks
to set for th a c a u se for prima ·facie tort . The e l ements to
sustain such a cause are well established: (1) intentional
inflic tion of harm; (2) without e xcuse or justification;
( 3) by a n a c t or series of act s whi c h woul d otherwise be
lawful; (4 ) r esulting in actual t empor al damage ; and (5 )
not c l a ssifi ed as any other recogni zed tort . ATI , Inc. v .
Ruder & Finn, Inc. , 42 N. Y. 2d 454 , 398 N. Y. S . 2d 864 ( 1 977) ;
Advance Music Corporation v . American Tobacco Company , 296
N. Y. 79 (1946) ; Sommer v . Kaufman , _ 59 A. D. 2d 843 , 399 N. Y. S . 2d
7 (1st Dept . 1 977) ; Meehan v . Newsday , Inc., 54 A. D. 2d 560 ,
387 N. Y. S.2d 1 3 (2d Dept . 1976) ; Ruza v . Ruza , 286 App . Div .
767 , 146 N. Y. S. 2d 808 (1st Dept . 1 955) .
It i s obv ious that Eder cannot make out at l east
three of these e l eme nts . First, plai nti ff cannot prove that
defendants acted solely out of i l l will and intended to harm
him. If any self- interest or ot her justification can be
shown on t he part of defendants , p l aintiff cannot recover
for a prima facie tort . Cummings v . Kaminski , 56 Misc . 2d
784 , 290 N. Y. S. 2d 408 (Sup . Ct . Kings Co . 1968) . Here , the
subject matter of the article is mani festly of public concern
- 9-
and publication is justified in the interest of dissemination
of news.
Secondly, the cause of action for   facie tort
is not supported by explicit allegations of special damages.
John c. Supermarket,: Inc. v. New Yo'.rk Pr·operty I"ns urance
Underwriting Assoc., 60 A.D.2d 807, 400 N.Y.S.2d 824 (1st
Dept. 1978);   v. Winchell, 283 App. Div. 338, 127
N.Y.S.2d 865 (1st Dept. 1945). (See the extended discussion
of the lack of special damages at Point II, infra.)
"[G]iving plaintiff the benefit of
every favorable inference which can
be drawn from his allegations, the
complaint does . not set forth facts
which show a prima facie tort. A
cause of action must be judged by
its allegations, not its l abel.
Plaintiff's allegations contain no
mention of special damage, but onl y
of alleged compensatory and punitive
damages. The l aw is clear that a
cause of action for prima facie tort
must contain a statement of reasonably
identifiable losses sustained by the
plaintiff, i.e.; only actual or special
damages can be recovered (Walsh Bros.
v. Ruppert, 7 A.D.2d 896, 181 N.Y.S.2d
915). Here , the complaint contains no
such allegation and thus should have
been dismissed (see Holt v . Columbia
Broadcasting· ·System ,22A. D. 2d 7 91 ,
253 N. Y.S.2d 1020." Bohm v. Holzbe rg,
47 A.D.2d 764, 365 N.Y.S.2d 262, 264
i2d . Dept. 1975).
Finally, plaintiff may not recove r damages for a
single publication based prima £acie tort because his
allegations fall within the tradit i onal category of libel.
Russo v . Advance Publ·i cati ons, Tnc ., 33 A.D . 2d 1025, 307
-10-
N. Y.S .2d 916 (2d Dept . 1970); Lake Minnewaska Mountain Houses ,
I'nc. v . Smiley, 58 Misc . 2d 1001 , 297 N. Y.S.2d 243 (Sup.Ct.
Ulster Co . 1969). The first cause of action must be dismissed.
POINT II
THE WORDS COMPLAINED OF
ARE NOT LIBELOUS PER SE
AND THE COMPLAINT FAILS
TO ALLEGE SPECI AL DAMAGES
The third and fourth causes of action both sound
i n l ibel. Since Eder has conceded that he was a DEA in-
formant , the only statement of which he can conceivably
complain is that in 1977 " a federal grand jury in Brooklyn
began an investigation concerning Tom Forcade based on the
testimony of Chic Eder . • . "* As in any case of alleged
l ibel, the initial inquiry must be whether or not the publ i -
cation is libelous per ·se. The question of whet her the words
complained of are libel ous per se is for the court to decide .
James v . Gannett Co. ·, Inc ., 40 N. Y. 2d 415, 386 N. Y. S .2d 871
(1976); Tracy v. Newsday , Inc ., 5 N. Y.2d 135 , 182 N.Y. S.2d
(1959); McO.art v. Morris, 58 App . Div . 2d 700 ,· 396 N.Y.S.2d
107 (3rd Dept . 1977) .
*The characterization of him as "Mr . Marijuana" certainly
adheres to his own description of his business activi t ies .
-11-
The s t atement complained of is obviously not an
accusation that plaintiff committed a crime of moral turpi-
tude . See Levine v. Kiss , 47 App . Div . 2d 544, 363 N.Y. S . 2d
101 (2d Dept . 1975) . These words are not the kind that
" tend 'to expose [plainti ff] to hatred , contempt or aversion ,
oi to induce an evil or unsavory opinion of [ plaintiff ] in
the minds of a substantial number of the community ' (Mencher
v. Chesley , 297 N. Y. 94 , 100, 75 N. E. 2d 257, 259)
"
Moran v. Hearst Corpor·ation, 50 K. D. 2d 527, 375 N. Y.S.2d
113 , 114 (1st Dept. 1 975), aff . 40 N.Y. 2d 1071, 392 N. Y. S . 2d
253 (1976) .
The Article merely says that Eder gave testimony
on the basis of which a federal grand jury began an i nvesti-
gation of Forcade. The reader could view Eder 's testimony
as voluntary or involuntary (compelled by a subpoena). In
either event , Eder is characte rize d only as performing his
civic duty by coming forward with evidence. He is never
charged with hav ing given false testimony. Nor is it said
that Forcade ' s suicide resulted from such testimony. Even
assuming that he never testified before this grand jury in
1977 (although he clearly conce des having been an informant
for the DEA) , such an " accusation" is clearly not defamatory ,
and certainly is not libelous per se .
If saying that a belly dancer told a reporter that
"Men is my business " was not defamatory , James v . Gannett Co . ,
-12-
Inc., supra , if describing someone as a " friend ," even with
our modern vocabulary , was no accusation of an illicit sexual
relationship, was not i mproper, · Heaphy v . Westchester Rockland
Newspapers, Inc ., 47 A. D.2d 922 , 367 N. Y.S . 2d 52 (2nd Dept.
1975), affirmed 40 N. Y. 2d 861, 387 N.Y. S . 2d 1009 (1976); o r
if r eporting that a policeman " opened fire " and "gunned down"
a suspect was not libelous, Orr v . Lynch, 60 A.D. 2d 949, 401
N.Y.S.2d 897 (3rd Dept. 1978), affirmed 45 N.Y.2d 903 , 411
N.Y.S.2d 10 (197 8) , then a statement that one testified before
a grand jury cannot possibly be deemed to be defamatory at all ,
much l ess to be l ibelous per se .
Indeed, one case has specifi cally held that an
accusation that one person brought a criminal charge aga inst
another is not l i belous p e r se .
"Nothing said i n t he article can be shown
to affect respondent ' s b usiness (Shakun v .
Sadinbff , 272 App.Div . 721 , 74 N. Y. S . 2d
556) or would permit more than speculation
that respondent was guilty of unseemly or
improper conduct · (Nichols v . Item Publ i s hers ,
309 N.Y. 596 1 32 N. E. 2d 860; Loudin v . Mohawk
Airl·ine·s·, supra) . The art icles characterize
respondent as the victim, not the aggressor ,
and indicate he is bringing criminal charges,
not be ing accused of crime . Possibly, he
may suffer some embarrassment and be the
brunt of friendl y jest , but we cannot see
that he will be subjected to ' r idicul e or
contempt by asserting some moral discredit
upon his part ' (Katapodis v . Brooklyn Spec-
tator , 287 N. Y. 17, 20 , 38 N.E. 2d 112, 113)
or that his reputation wi ll be affected .
'Though the report may be false and probably
offensive , it i s not actionabl e .' (Tracy v .
Newsday, supra, 5 N. Y. 2d p . 1 38 , 182 N. Y. S . 2d
p. 1 55 , 1 55 N. E.2d p. 5. )" Robert v . Troy
Record Company , 31 A.D.2d 574 , 294 N. Y. S . 2d
723 , 724- 725 ( 3rd Dept . 1968) .
-13-
Wher e the defendant ' s utterance is not l ibel ous
per se, the plaintiff must plead special damages as an essential
element of the cause of action. Drug Research Corporation v .
Curtis Publ ish-i·ng Co. , 7 N. Y.2d 435 , 1 99 N. Y. S . 2d 33, 166 N. E.
2d 319 (1960) ; Meehan v . Newsday, Inc ., 54 App . Div . 2d 560 , 387
N. Y. S . 2d 13 (2d Dept . 1 976) ; McGraw v . Watkins , 49 App . Div . 2d
958 , 373 N. Y. S.2d 663 (3rd Dept . 1 975); Spring Joint Venture
v. Fairchild· Publications,. Inc . , 33 App . Div.2d 515, 303
N. Y. S . 2d 999 (1st Dept . 1969). Failure to do so requires
dismissal of the cause of action. · Crashley v. Press Publishing
Co., 179 N. Y. 27 , 31, 71 N. E. 258 (1904) . Accord, Hartmann
v . Winchell, 296 N. Y. 296 , 73 N. E . 2d 30 (1947) ; Reporters
Assn . of America v . Sun Printing ·& Publishing Assn . , 186 N. Y.
437 , 79 N. E. 710 (1906).
Pl aintiff has made no attempt in his Complaint to
particularize his compensatory damages . He merely claims a
round figure of $1 million to compensate himself for unarti-
culated damage to reputation (Compl. ,f ,f 31 and 36). Such
generalized pleading cannot sustain a cause of action. Eder ' s
meagre attempt at his deposition to break down the $1 million
is woeful l y inadequate and even ludicrous. (See p. 8 , supra) .
Our courts have repeatedly held that where, as
here , special damages must be a l leged , the claim is insuffi -
cient unless the complaint names (1) the customers , clients
or patients who are said to have taken their business away
from the plaintiff as a result of the offending publication;
- 14-
(2) the specific contracts lost; or (3) other particularized
damage. Rager v. McCToskey., 305 N. Y. 75 (1953), rearg; denied
305 N.Y. 924 (1953); Rep·o:rte rs· :Assn. of America v. Sun Printing
& Publishing Assn., supra; Henki·n v. News Syndicate Co., Inc.,
2 7 Misc . 2 d 9 8 7 , 9 8 8 , 210 N • Y • _ S • 2 d 3 0 2 , 3 0 4 ( Sup . Ct . N . Y • Co .
1 960), aff'd 19 A. D.2d 862 , 243 N.Y.S.2d 667 (1st Dept. 1963).
"The general allegation of
special damages contained in
the second cause of action is
clearly insufficient without
revealing the names of the
business associates who ter-
minated the alleged financial
promotions, undertakings and
joint ventures and the nature
and status thereof at the time
of the publication of the let-
ter. As presently alleged , the
plaintiffs are left to the r ealm
of speculation." Levine v.
Teitler, 6 Misc.2d 592, 593,
164 N.Y.S.2d 588, 590 (Sup . Ct .
Queens Co. 1956).
Further, the precise amount of financial damage
suffered must be stated or the cause of action cannot stand .
As the Court of Appeals said in Drug Research Corporation v.
Curtis Publis'hing· Company , supra, 7 N.Y. 2d at 441: "The
damage claimed is $5,000,000. Such round figures, with no
attempt at itemiz ation, must be deemed to be a representation
of general damages ." In Carrol v. Watte rson, 18 6 App.Div.
703, 704, 175 N.Y.S. 24 (1st Dept. 1919), it was held that
the complaint alleged only general damages and was therefore
defective in alleging merely that plaintiff:
-15-
"has been damaged and injured
in his reputation and standing
and held up to public scorn and
disgrace and was discharged from
his employment , and has suffered
and will continue to suffer great
mental pain and anguish , and has
sustained damages in the sum of
$2 , 000."
It is now the settled law of this state that where
a statement is not actionable per se , the plaintiff's internal
feelings can form no element of recoverable damage.
"It was early established in
this state . . • that an action
to recover for the utterance of
defamatory words , not actionable
in themselves , coul d not be sus-
tained by proof of mental dis-
tress and physical pain suffered
by the complainant as a result
thereof." . Garrison v . Sun Print-
ing and   Association,
207 N. Y. 1, 4 , 100 N. E. 430 (1 912).
Accord, Shepard v. Lamphier., 84
Misc . 498 , 504-05 , 146 N.Y. S. 745
(Sup.Ct., Erie Co. 1914).
Since plainti ff's third and fourth causes of action fall far
short of the requisites for pleading special damag es , they
must be dismissed. Wehringe·r v . Allen-Stevenson Sc hool , 45
A.D. 2d 641 , 360 N.Y.S.2d 429 (1st Dept. 1974) , aff. 37 N. Y.2d
864 , 378 N.Y. S . 2d 46, 340 N.E . 2d 478 (1975) , dert denied
424 U. S . 924 (1976).
-16-
POINT III
THE LIBEL CLAIMS MUST BE
DISMISSED SINCE PLAINTIFF
IS LIBEL-PROOF
The fundamental damage arising from a libelous
publication is injury to reputation . Morrison v. National B:t:oad-
casting Canpahy, 19 N.Y. 2d 453', 280 N. Y. S. 2d 64],. .(1967).
If an individual
has no decent reputation to protect, then he cannot possibly
incur any damage . He is deemed to be libel-proof .
Chic Eder is one individual in this special category
of hardened criminals who must be found to be libel-proof .
His criminal record is ample . He began his life of crime at
the tender age of thirteen when he was convicted of possession
of marijuana and spent three years in a r eformatory (Tr .12) .
In 1950, he pleaded guilty to transporting a stolen car across
state lines and was put on probation (Tr.14).
Nine years l a t er , Eder was convicted of possession
of marijuana, and was sent first to the United States Public
Health Service Hospital in Lexington, Kentucky, and later to
the U. S. Penitentiary in Atlanta , Georgia (Tr . 20 , 21). Eder
was convicted in 1964 of possession of marijuana and possessi on
of stolen property and was sentenced to 4 years in Folsom
.
Prison, California (Tr . 18 , 21). Despite these jail sentences,
he again was convicted of possession of marijuana in 1968 or
1969 and was sent to the California Rehabilitation Center in
Corona, Cal ifornia (Tr.210 , 21) .
-17- .
Two years later, Eder was again convicted of posses-
sion of marijuana as well as the crime of possession of a
fire bomb in connection with the burning of the Bank of America
in Isla Vista, Santa Barbara, California (Tr. 16, 19). As a
result of that conviction he served time in a number of
California prisons, including San Quentin, Folsom and Soledad
(Tr. 21). While serving that sentence he escaped, leaving a
note saying that he would be back 5 months later. He was
subsequently convicted of escape (Tr. 18). He was released
from prison in December 1974 , after he had agreed to provide
the United States government with certain information (Tr. 30).
In 1977 , Eder was convicted of possession of 5 ,300 pounds of
marijuana and received a three- year sentence (Tr. 19, 22) . He
is currently appealing that conviction (Tr . 21) .
Marijuana is not the only drug Eder has used; he was
a heroin addict for 11 years (Tr. 21). Over the objection
of his attorney, he freely admitted that he has broken all the
marijuana laws (Tr. 23). Chic Eder has been in prison for
approximately 1 8 of his 48 year s (Tr. 22).
He disdains the community's mores and freely expresses
his contempt for its laws . He cannot , as a matter of law, be
held to have a protectable reputation among law-abiding people,
and any damage to his reputation among the community of "outlaws "
is not actionable in this Court . In Cardillo v. Doubleday &
Co., ~ n c .   518 F.2d 638 (2d Cir . 1975), the plaintiff was
-18-
serving a sentence in prison for assorted felonies . He had
previously been convicted for, · 'inter alia, receiving stolen
property . Although he admitted the conunission of certain
crimes, he denied committing other crimes set forth in a book
cal led My Life Jn the· Ma:f ia·, published by defendant publisher .
The court affirmed the granting of summary judgment specif i -
cally on the following basis :
" For we consider as a matter
of law that appellant is, for
purposes of this case , libel-
proof, i . e ., so unlikely by
virtue of his life as a habitual
criminal to be able to recover
anything other than nominal
damages as to warrant dismissal
of the case, involving as it
does First Amendment considera-
tions . See Urbano v. Sondern,
41 F.R.D.355, 357 (D. Conn.) aff'd,
370 F.2d 13 (2d Cir. 1966) , cert .
denied , 386 u.S.1034 , 87 s . ct.
1485 , 18 L.Ed . 2d 596 (1967);
Matthe·is v. Ho'yt , 13 6 F. Supp .
119 , 124 (W.D. Mich . 1955) . "
518 F . 2d at 639-640.
Cardillo , as the Court of Appeals subsequently emphasized [See
Buckley v . Littell , 539 F.2d 882 , 888- 889 (2d Cir. 1 976) ,
cert. denied 429 U.S . 1 062 (1977)], is particularly applicable
to a "factual context " such as we have here , where the plaintiff
is a "habitual criminal."
The United States District Court for the District of
Columbia recently found another admitted drug user to be
incapable of establishing any actual damage (as required by
Gertz v. Robert We·lch, · 'Inc . , 418 U. S. 3 23 [ 197 4] ) , and thus to
be libel- proof .
-19-
"The plaintiff had a federal
narcotics violation conviction
in 1958, was charged with a federal
narcotics violation in 1966 and
committed under the Narcotics
Addicts Rehabilitation Act Program,
had an unlawful entry conviction in
1974, and is presently serving a
sentence of 2-8 years for a federal
firearms conviction. Furthermore,
the plaintiff attempted to become
a "hit man" for the Sting operation
and told the undercover officers that
he had committed a murder. Thus, it
is highly unlikely- that if the plain-
tiff was to somehow prevail on the
legal issues he would be able to
recover damages and therefore, he
will be found "libel-proof" as a
matter of law."
Logan v . Distr·ict of Columbia,
447 F.Supp. 1328, 1332 (D.D.C.
1 978).
In 1976, the noted assassin James Earl Ray sued
Time, Inc. and others for libel concerning a magazine article
reporting on Ray's criminal past. The court found Ray , like
Cardillo, to be "a convicted habitual criminal and is so
unlikely to be able to recover damages to his reputation
11
that he was libel-proof. Ray v. Time, Inc., 452 F.Supp . 618,
620 (W.D.Tenn. 1976), affirmed 582 F.2d 1280 (6th Cir. 1978).
Like Ray, Eder has no favorable reputation to protect; he is
indeed libel-proof and the libel claims must be dismissed.
-20-
POINT IV
THE FIFTH CAUSE OF
ACTION CANNOT SET
FORTH A SEPARATE
AND DISTINCT CAUSE
FOR PUNITIVE' DAMAGES
Plaintiff ' s fifth cause of action, a claim for
punitive damages, does not set forth a separate and distinct
cause apart from the underlying claim. Ferrucci v . State ,
42 A.D. 2d 359, 349 N. Y. S . 2d 236 (3rd Dept. 1973), aff ' d .
34 N. Y. 2d 881 , 359 N. Y.S. 2d 279 (1974); Cornell v . State,
46 A. D.2d 702 , 360 N.Y. S . 2d 285 (3rd Dept . 1974).
" As to those portions of the
claim seeking punitive damages ,
we need go no further than to
recite that claims for such dam-
ages are not separate causes of
action but , rather , constitute
an element of single total claims
for damages for underlying causes
of action (Knibbs v . Wagner, 14
A. D.2d 987 , 222 N. Y. S . 2d 469;
Gill v . Montgomer y Ward & Co .,
284 App . Div. 36 , 41, 129 N. Y.S .
2d 299 , 295) ." Ferrucci v . State ,
supra , 42 A. D.2d at 362 ; 349 N. Y. S.
2d at 239 .
Accordingly, the fifth cause of action must be dismissed .
- 21-
CONCLUSION
The motion of all defendants should be granted
and the Complaint dismissed.
Dated: May 8, 1979
Of Counsel:
Neal M. Goldman
Slade R. Metcal f
Respectfully submitted,
DAVID MICHAELS , ESQ.
Attorney for Defendant
Alan J . Weberman
342 Madison Avenue
New York, New York 10017
(212) 867- 1170
SQUADRON, ELLENOFF , PLESENT
& LEHRER
Attorneys for all other
Defendants
551 Fifth Avenue
New York , New York 10017
(212) 661- 6500
- 22-
l
I I
!I SUPREME COURT OF THE STATE OF NEW YORK
. COUNTY OF NEW YORK
I•
'
I CHIC EDER,
ii
II
II
- - - - - - - x
Plaintiff,
-against-
11 ALAN J. WEBERMAN, a/k/a A. J . WEBERMAN ,
WILLIAM J . RYAN , MARIANNE PARTRIDGE ,
RUPERT MURDOCH and THE VILLAGE VOICE , INC.,
Defendants .
I' - - - - - - - - - - - - - - - - - - - - x
I
I
l STATE OF NEW YORK
1:
)
)
OF NEW YORK)
ji COUNTY
SS . :
AFFTDAVIT
Index No . 02206/79
1i
I!
DAVID MICHAELS , being duly sworn , deposes and says :
ii
1 . I am an attorney duly admitted to practice in the
': courts of the State of New York and represent Alan J. Weberman,
II one of the defendants in the above- captioned matter . I submit
I
this affidavit in support of a motion by all defendants for
summary judgment dismissing the Complaint .
2. Contrary to plaintiff ' s favorable vision of himself
set forth in his Comp l aint, plaintiff ' s testimony at his exarni -
nation before trial shows the real Chic Eder , a harde n ed criminal
I
!l who has spent a lmost half his life behind bars , who has multiple
felony convictions , admits that he has been arrested more times
than he can remember , and , hence, defendant contends, is libe l-proof.
I A copy of the transcript of plaintiff ' s examination is annexed
li h ereto as Exhibit A, and a copy of the Complaint accompanies this
motio n .
...
I'
II
ii
1] .
3. Plaintiff conceded, in his examination testimony,
ol
the facts as stated above , but contended that his primary concern
ii in this matter was that his reputation as an "honest outlaw" was
ll defamed by the allegation that he had testified before a Grand
!: Jury. Defendant contends, however, that such allegation is , as
II
a matter of law, not defamatory and that plaintiff's reputation
I!
as a criminal and in criminal circles is not protectable in law
II or equity.
Ii
4. In his Complaint, plaintiff charges that it was
!l false and defamatory to characterize him as a "high-level ' DEA
·I informant." But Mr. Eder conceded at his examination that he
lj gave information to the DEA, and his own former attorney publicly
!j stated that his client was a DEA informant . A copy of an item
I; from High Times· magazine confirming this information is annexed
Ii hereto as Exhibit B, and, in all regards, the arguments here
l' supporting summary judgment are fully set forth in the accompany-
! ing memorandum of law which , it is submitted, demonstrates the
utter lack of merit and complete frivolity of this action in the
absence of special damages.
1! for
WHEREFORE, it is respectfully prayed that the Motion
Summary Judgment be granted in all respects and the Complaint
dismissed.
Sworn to before me this
8th day of May, 1979.
SJ J> ..
Notary Public
DAVID MICHAELS
-2-
DAVIDS. MICHAELS
ATTORNE Y AT LAW
12 12) BB7- 11 70
Mr . A. J. Weberman
6 Bleecker Street
New York, New York
Dear A. J.

  / (/(///
May 14, 1979
I enclose our memorandum for summary
judgment, along with my affidavit. It is my view that we
can feel reasonably confident about the ultimate outcome
of this action.
DSM:gs
Enc .
DAVID S . MICHAELS
342 M A D ISO N AV EN U E
NEW YOR K , N . Y. 1001 7
Rosenstein & Kahn, Esqs.
225 Broadway
New York
1
New York 10007
Attn: Marc Kahn, Esg.
April 27, 1979
Re: Cuic Eder v. A. J. Weberman
Dear Mr. !Cahn:
I am sorry to have to inform you that the
pressure of urgent matters makes it impossible for me
to appear on Monday at the scheduled continuation of
Mr. Weberman's deposition. Please be so kind as to call
my office to arrange an alternate date.
 

DSM:gs DAVID S. MICHAELS
cc.:
Slade Metcalf, Esq.
Squadron, Ellenoff, Plesent & Lehrer, Esqs.
551 Fifth Avenue
New York, New York
Mr. A. J. Weberman
6 Bleecker Street
New York, New York
P. s. In order to avoid any inconvenience .as you must
already know, I am informing you of the contacts of
this by telephone, today, April 27, 1979.
DAVID S . MICHAELS
ATTORNEY A T LAW
12121 887 - 1170
Mr . A. J . Weberman
6 Bleecker Street
New York, New York
S//,2
-/tJtJ-/7
July 20 , 1979
Re : Reply Motion Papers Received
From Kahn
These are the originals which I am sending t o s ave
photocopying costs. Please pay your attorne t he s ma l l amount
overdue.
  ,:;Ir
DSM:
_B,\..RNEY TiosENSTEIN
}{ARC J<AH:s'
July 13, 1979
Hon. Hortense Gabel
Supreme Court
New York County
60 Centre Street
New York, NY 10013
Re: Eder v. 1·7eberman,
Index No. 4265/79
Motion for surrm1ary
Dear Judge Gabel:
RosENSTEXN & KAHN
COUNSELORS AT !..AV/
et al.
2 2 S 6 ROADV/AY
NEVI YORK, N.Y. !0007
(212) 374-1438
judgment - Special Term Part I June 29, 1979
We are attorneys for Chic Eder the plaintiff in the above captioned
action. On June 29, 1979 defendar;its moved in Special Term Part I
for.sur:unary judgment. The moving papers, answering papers, and reply
papers have previously been submitted to the Court.
Subsequent to the return date, two cases have come to our attention which
we respectfully enclose for consideration by the Court. In the first,
Rinaldi v. Viking Penguin Inc., New York Law Journal, June 29, 1979,
page 6 column 1, Judge Kassal declined to grant summary judgment to
the moving defendants in a libel suit. The Court, noted the constitu-
··· tional burden placed on a public official, or public figure who seeks
to maintain an action for defamation. The Court congJ,uded, accordingly,
" ... as has recently been recognized by the Supreme Court;-this buroen
requires the public o f f i   i ~ l be given an opportunity to obtain the
evidence necessary to establish his claim.", citing Herbert v. °La.ndo,
-U.S. - 99 S.Ct. 1635. Judge Kassal essentially held that the plain-
tiff could not be foreclosed by summary judgment from having an oppor-
tunity to discover facts necessary to prove his.case. In the posture
of our cas·e, where two judges have previously denied motions for accel-
erated judgment, and directed that plaintiff have an opportunity to
conduct discovery, we think the same reasoning should apply. A copy of
the Lando case is also enclosed for your Honor's co·nsideration.
July 13, 1979
Hon. Hortense Gabel Page 2
The second case we wish to call to your Honor ' s attention is the case of
Walston v . Readers Digest Association Inc ., No. 78-5414 , 47 U.S . Law
Week 4840 ( June 26 , 1979 ) . In that case , reversing the defendants '
motion for summary judgment , the Court redefined in part the criteria
for "public figure " classificati on , and expl icitly rej ected the c l a im
that those convicted of a crime where ent itled to less protection under
the law of libel .
"(Our reasoning) leads us to reject
the further contention of respondents
that any person who engages in criminal
conduct a utomatically becomes a publ ic
figure for purposes ·o f comment .... to
hold otherwise woul d create an ' open
season ' for all who sought to defame
persons convicted of a crime ."
While Wolston is not identically in point with our case, the
is relevant in view of defendants ' consistent harping on p l aint iff's
criminal past . J ust as t h e mere fact of a cri minal record shoul d
not precl ude p l a i ntiff who may be a "publ ic figure " from having a n
opportunity to get to Court , so the fact of plaintiff ' s prior crimi nal
record should not preclude h is opportunity for discovery of facts
material to his case .
These various decisions are respe ctfull y submitted for your Honor ' s con-
· sideration.
M.K : ss
 
cc: Slade Metcalf , Esq.
David Michael s , Esq .

STATEMENT
By Dean Latimer
.,,I 9 May 1979
Generally I make a policy o f never speaking t o def endants in drug cases, simply
because they're liable t o tell m e ~ things which, if I were t o• publish them in
High Times, might turn out to hurt them in court. late r. Instead I commonly first
read all the press reports pertaining to the case in hand--and in special cases,
send away for the indictme nts--ind then ge t the r ea l d e tails from the lawyers
involved. In the case of these "Black Tuna" people, though, things have worked
out differently.
  h ~ s is a federal case involving 14 d efendants charged with cnnspiracy to
conduct a "continuing criminal activity" from 1976 t o 1979; supposedly over that
time they moved some million pounds of grass from Col ombia to the US. The main
statute under which they're being prosecuted is the i.acketeering Influenced and
Corrupt Organizations act of 1969, under which--as I understand it--anyone impli-
cated in a "continuing criminal activity" can be charged with all overt acts
committed in the course o f the conspiracy, including those which he or she wasn 't
necessarily involved in or aware of. The law also provides for the freezing of
all defendants' assets a md property, '°mm upon the prosecutor's request, pending
the outcome of the case; and this has been done with the three top defendants here,
Bob Platshorn, Bob. Meinster and Ehip Ellio tt. ·c onsequently, they seem
to be having considerable difficulty getting the front money togethe r to f etain
the sort of well-connectQd, top-dollar sort of South Florida lawyer they'll need.
Now the mmem indictment, over a hundred pages long, is an o bvi ous tissue 0f
misrepresentations and outright purgerya; the main prosecution figures (called here
· . ... ,.
I
A'
i
I
I
I
I
statement 2
"non-indicted co-conspirators") are two Nol!th Carolina cabin-cruiser-smugglers
t urned snitches, named Wad e Bailey and George Purvis Jr. The main part of the
indictment, when the "overt acts"mstart coming thick and fast and in great detail,
commences after an alleged 1977 "mother ship" move off Cape Hatteras, in which
Bailey and Purvis transported a batch of dope from a ship called the Don Elias
into North Carolina. Eailey, a mffi paid Customs snitch , blew the operation as soon
as it was completed; Purvis got away somehow, but was named in a No rth Carolina
indictment on the cas e .
So Purvis winds up back in Florida, working with these Blakk Tuna people
in a series of dope moves all around the South, none of which succeed. At what
point Purvis turned over is s till uncl ear to me (indications are that he was
r ea lly a s nitch all along, as will shortly emerge), but after thi s point all the
"overt acts" li s ted in the indictment involve• t\eD either Purvis or his old lady.
For example, m it s eems that every defendant who go t alone -with Purvis "ufged
the m!llll1 murder of government a gent Wade Bailey", s 0 that they're all charged with
conspiracy to commit h omocide, t oo. (Bailey i n his career has di med on
virtually   everybody he gr ew up with in Wilmington and Faye tteville;
if everybody who ' s ever said "Le t' s go kill Wade Bailey" we re prosecuted for it,
the list of defendants all.one would l ook like the Manhattan phone book . )
So that ' s the indictment. It' s ilis such an obvious crock of shit--and those
RICO laws are s o horrifyingly fascist--that I immediately took a deep interest in
the case, and put all the news clips about it in a s pecial file. Then about
two weeks aft ea the bust (it came down on 10 May), it came out &hat the " ethics"
s hoo- flies in the Justice De partment wer e investigating unspecified "improprieties"
mm committed by unnamed undercover a gents (i.e., Bailey and/Or Purvis) involved
in the Black Tuna case.
Wel l, the special Fede ral prosecutor mor the case- -whose name happens to
I
I
. ·\
.. '
-;· ,,.
statement '4 ./
I
be Dana Biehl--wouldn't even take my calls, so I called Platshorn-Meinster ' s
attorney, Neal Sennett, in Miami. Sennett didn't tell me zilch about the shoo-
fly Justice investigation, but he did carry on at length about the curious circum-
"' stances of the itself. Of course these @mms guys had known they were being
infiltrated and set up for months beforehand, so they enlisted Sennett to go to
the DEA and arrange a safe, mmmm no-hassle surrender number. A DEA guy said
fine, and gave them a date to show up at the office. But at 7 AM on the appointed
day, DEA goons swarmed over the wall of Platshorn's hasienda in Miami, stuck a
shotgun in his wife's face, pinned his head to the bed with .38s, and dra gged
them both off in cuffs t o jaH. All thi s "intrepid police action" got property
furid press coverage, since it happened to all the other people.
At court later that day, Sennett ran into the DEA guy with whom he'd been
negotiating, and asked for an explanation. This guy, visibly ashamed and
pissed off , m apologized and said the orders for the gangbusters-style sunrise
raids had come straight out of Grimfin Bell's mm office in Washington. Sennett,
howeve r, emphasized that he's not defending these Black Tuna guys;   h e ' s
representing them in the shoo-fly investigation, when they 're called to Washington
to testify about Bailey and/Or Purvis.
Now as it ltlmmm turned out, while I was talking t o Sennett, Robert Platshorn
was there in his office. So the next day Platshorn calls me hims e lf, at High
Times, and fills me in on at l eas t one part of the shoo-fly investigation. (We
exchanged assurances that both our phones were mos t likely tapped, and rapped
.. .
statement
under that understanding.) It seems, according t o Platshorn, that Wade Bailey
himself, toward of his active snitch career, was investigation
by a reporter from the Fayetteville Observe r. This guy, his name's Tate, go t
buddy-buddy and "did things" (dope, I assume) with Bailey, knowing he was a DEA/
Customs snitch, and actually wore a wire for 51 of conversation. Platshorn
told me (and Tate confirmed it), that on thos e tapes' is proof that
mk Bailey laid $50,000 in illegally-obtained dope money onto the
,,.. ,
  11:,.t(.c5 ... -- ..
federal prosecutor
for the Northern Distric t of North l ots of coke; and that Ande rson
msed the bread to buy a house for his mistress (he's married) . Like a good citizen,
Tate turned these tapes over to the Justice Department months mm ago--and nothing
at all happened until just last week.
Y's ee , Platshorn told me, Anderson got his job through the influence of
North Carol i na senator Charlie Rose--who also happens to be the attorney, and has
been f or quite s ome time, of George Purvis, the other snitch in this case . Sen.
Rose is in real tight with this Anderson prosecutor (alleged bri bee and mmam
c ocaine abuser, if not trafficker), and is actually plumping to get Anderson
appointed fo a Federal And all this really nasty shit broke in the
North Carolina and Miami papers--the morning after Platshorn told me about 't.
Towatd the end of our rap, we got t o chatting about this and that, and
Platshorn mentioned that a year or so back, "a guy fromiil High Times" had been
mooching around their circle down there--Chick Eder. When I informed him that
Eder was sort of the Manhattan equivalent of Wade Bailey, Platshorn actual ly
seemed startled. He'd evidently thought Emifun Forcade 's right-hand man
or something. It might jus t be that Ede r's still operating down there; if s o ,
I'd tieel jus t a little guilty if that part of our phone ra p put him in the
'Glades for good.
-
statement i ?
Since we were on the topic of High Times people, Platshorn at this pQint
asked how it was we had a "Dana Beale" on the masthead, while it's a "Dana Biehl"
who's prosecuting him. So I mentioned that Dana's on the lam p r esently from a
lash bust in Omaha, which is why--says I here--it's about 100 percent positive
our phone's tapped thi s week. Certainly there's been enough cop types skulking
around here and down at the Yip house, getting more and more obvious as time goes
on, and Dana stays out in the cold. We both a gr eed this was pretty amusing,
and then Platshorn tossed out the idea of getting an ad in High Times for Black
Tuna tee -shirts, medallions, bumper stickers and ot her cute stuff . I thought
this an excellent idea--their money is fr ozen--and promised to do everything I
could to get them some free space.
Of course there wasn't a hell of a l ot I c ould do. Whe n I tossed out the
idea to She lly next day, she said she was leery of giving ad space t o indicted
dope smugglers (she was really pr obably more leery of having to owe any unnecessary
favors to the ad department,), and said she'd have to take it up with Stan Place .
Fortunately, this prospect was ammmE averted about ten minutes later, when Platshorn
called up and asked how much it'd cost to buy a page. I found out, told him,
and he said he'd be mailing in an ad, with a check, on Monday. Lovely.
Then Platshorn goes on, in a   to advise me of two murders allegedly
committed by George Purvis in the Bahamas, in the o f DEA agents. It
seems the DEA got · wind of a dope ship that had been sequestered dllfi by cops somewhere
in the Bahamas, and was sort of up for auction to the highest bidder . This
is business as usual in the Bahamas , it seems . So Einm some intellectual in the
DEA evidently got the bright idea of having George Purvis buy the boat, represen-
ting himself as a smuggler, !n order to re-sell it to Raul Davila Jimeno, the
Colombian biggie who's a c o-defendant in the Black Tuna indictment for being
I
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. - ;-
... . ...
statement i b
their Colombian connection ("Black Tuna" itself is Davila's knickname, they.s9y).
The idea '1J}la.was, says Platshorn, to lure Davila out of Colombia t o Aruba or
Purvis
the CaJimans or somewhere, wher e they could bust him. So and a couple
DEA agents arrive in the Bahamas, get a super-swank hotel suite, flash dope and
money all over the place, and get everything arranged with the proper authorities.
:But smnuatliruiim somebody, it seems, has screwed up the signals.
..... .
.f'u("r.i t.$
For when 'Birj4"8'7 and
1: I
the DEA stooges motorboat out t o the ship where it ' s moored in s ome harbor, there
turns out t o be two   Bahamaian constables aboard who aren't going t o give
up the shi1:1J . "So he blew them away," cha rges Platshorn over ou.r tapped line .
"George Purvis Junior blew away these two Bahamaian cops."
The point of this Disclosure , said Platshorn, i s that he ' s h eard the r e are
Purvis
indictments pendi ng right now in the Bahamas against 1Biiiedlli11h1oom.-and his fellow agents
for homocide , and they may come down very soon. Evidently the US government
managed t o persuade the Bahamas authoriti es t o keep a lid on this atroci ty f or
a year or so, but once all thi s Black Tuna business started unravelling, with
the Bailey-Anderson inves tiga tion in North Carolina, and God knows who <liming on
whom t r> which law- enforcement agencies, this little caper is due to blow, t oo .
Maybe all it needs is some press he r e in the States, and the Bahamaians will be
-t:
clamoring for the extradition of Purvis and whoever he was And if Purvis
goes up on a capital offense, well--God knows what other hideous shit he ' s been
into with the DEA that he could sing about.
By this point in the conversation, if I'd had an ulcer it would have perforate•
right through my belt-buckle. "If I go a:lown," s ays -Platshorn, " I 'm taking a whole
l ot of s ons of bitches with me ." Fine, fine, but do .!. have t o be included in the
lot? If the DEA's eavesdropping on my phone t o pick UF news about Dana
•. ...  
. ...
statement,,
stupid enough), then they now know that! know about this butchery in the Bahamas.
Alleged butchery . If they can dust two Bahamaian cops, will they draw the line
at a dope reporter?
On Monday, I will be giving a copy of this Statement to Platshorn's attorney
here in New York, whose name escapes me right now (I got all the notes stashed
somewhere even l can't get to until Monday). There ' ll be another copy stashed
with a friend. And now I'm going to go try to get this read, witnessed, and
notarized by an attorney. If Platshorn's lawyer here says it ' s cool to divulge
any or all of this to the press, it goes to vvery paper and TV station in town.
f
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# • - , 1 • • • -: . ) \
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Associate Editor
High Times Magazine
~ • r 4l"lll
! "

SQUADRON, ELLENOFF, PLESENT & LEHRER
HOWARD M . SQUADRON
THEODOR£ ELLENOFr
STANLEY PLES ENT
S TAN L EY I . LEHRER
ALLEN A. STCIN
ARTHUR M . SISKIND
H OWARD B . SOHN
HOROWI TZ
NEAL M. GOLDMAN
I RA LEC SORKIN '
ARTHUR D . S T OU1 Tl!
SLADE R. M ETC/\LF
..JONATHAN L. &ULOS
.JUDI T H R . COH EN
STUA RT A . Of F'NE'.H
ALISON  
STUART M . •
• ALSO A M £ M DCR OF" F"LO Al :::>A £1AR
551 FIFTH AVENUE
NEW YORK, N. Y. 100 11
August 9 , 1979
David Michaels , Esq.
342 Madison
New York, New York 10017
RE : Chic Eder v. Alan J . Wcbe rman, ct al .
Oear David :
COUNSEL
D/\VI D MILLER
HER MAN E. COOPER
CABt.E
ESGECLA\.Y
T CU . PHONE
12 121 es; - E;soo
T C L CCOPI ER
l?.121 &97 · Cu86
I am quite di spleased with the attitude of Justice Gabe l
towards our motion for Sununary Judgment . If you h aven't
already seen it, 1 enclose a copy of the Judge ' s order and
memorandum decision. We are pJ anning on an inunedjate appeal
of this order and ask if Mr. would like to j oir. in
that appeal .
..L would appreciate - it if you would let me of M.r .
Weberman's decision by next Monday since I plan on serving
the Notice of Appeal on that day .
SRM:rg
Encl .
Sincere'ly,
/, /
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__ ,,,.
/"'Slade R. .Metca l f
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ChIC EDI::R,
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Plaintiff ,
-aqainst-
l\LAi.J J . WEI:rnRt•tMJ , a/k/a A. J. WEBER.MAN ,
;nrJLI 7\.n J. r .v.A;..1 , Mi\R1AW·m PAT:.TRIDGE,
HUPE1{T MURDOCH and 'l'TlE VT.LTJAGI: ihHCt:: , lNC. ,
Defendants.
-------·-· -------------------------·---- - - -·--------X
J .:
·-·: ... : .. · :
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No .
0220G/79
  motion, pursuant to CPLTI 3212 , seeking
j.udq:11ent. i -s -.
This is an action for libel in which there have been
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two recent decisions deny ing by some of the defe ndants
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for dismissnl o f the cornpi.:i.int pursuant to CPLR 3211. Both of \ ··1
-- . - . .
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t.bpsc .. it1;lj._c<t_L;d_ti1at the CoJJrt (rraiman , J. a nd Shapiro',
l
J_) fe lt thnt p lainti ff should have nn opportunity to complete
discovary.
. I
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Although the basis for the relief in th0 instant motion
is somewhn.t different. E;rom -that. of the two CI'I.R 3211 moti9ns , _
-
i t docs seem the better practice to pernit plain':iff to complete
. -·'"'- ·- .
discovc ry so that he !TlD.y be j n a posi tioi1 to oppose a s ummary
j udgr.1ent motion_
Thi s is a ll the more so i n a libel action
whe re much of the information n ecessary for opposition to a
motion such as this , is within the knowledge of the various
I
defendant s and not availabl e to plaintiff prior to the
\
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·-· --·- -·- ------- -------. I
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of discovery .
The mak ing of this motion and the CPLR 3211
a utomat i cally stnyed all dis closure (CPLR 3214 ).
Plaintiff , who has the burde n of proof , should have
an o pportunity to establis h his case . At this. stage of thci
c eedings a sulll.r.lary dismissal would not be appropriate . The
arc directed to complete discl osure expe ditiously.
July 25 , 1979

·"-

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UNITED STATES DEPARTMENT OF JUSTICE
DRUG ENFORCEMENT ADMINISTRATION
Washington, D.C. 20537 ;v;M .'? l 1<'/J'(}
Re: 79-626F
Mr . Alan J . Weberman
Independent Research Associates
6 Bleecker St reet
New York Ci ty, New York 10012
Dear Mr. Weberman:
_ Your Freedom -0-.fi.-%nformation Act ;;quest -;eekilig inf()rmatJ..o·n £rom-
the Drug Enforcement Administration (DEA) has beeo-proce.ssed.
A determination has been made to deny your request pursuant to the
following subsections of the of Information Act which
exempt matters that would:
1. (b) (7) (C) Constitute an unwarranted invasion of personal
privacy. You have requested third party
information which is unrelated to yourself.
In the absence of a signed, notarized rel ease,
which by your admission you were unable to
obtain, any material which the Drug Enforcement
Administration (DEA) might possess is exempt
from disclosure.
2. (b) (7) (B) Deprive a person of a to an impartial
adjudication. The release of any material
concerning either party to an ongoing litigation
case might provide an unfair advantage to the other.
If you wish to appeal any denial of your request, you may do so within
. thirty (30) days pursuant to 28 CFR - The appaal shQu.J.o -be
directed to the Office of Privacy and Information Appeals , Department
of Justice, Washington, D. C. 20530 . Judicial review will thereafter be
available either in the District where you r eside or have a principal
place of busi ness , in the District where the records are maintained,
or in the District of Columbia.
Sincerely,
Peter B. Bensinger
Adminnrt:rator
   
Miller
Chief Counsel
SUPREME COURT OF THE STATE OF NE\'1 YOP.K
COUNTY OF NEW YORK
----------- ----------------------------x
CHIC EDER,
Plaintiff,
-against-
ALAN J. NEBERMAN a/k/a A. J.
WEBERM.l\N, WILLIAM J. RYAN ,
MARIANNE PARTRIDGE, RUPER.T
MURDOCH and THE VILLAGE VOICE,
INC.,
Defendants.
-------------------- --- --------- - - -----x
Deposition of plaintiff CHIC EDER , taken
by defe ndqnt ALAN J. WEI3ERl1AN , pursua nt to notice
dated Febr uary 2, 1979, at the offices of David
S. Michaels, Esq ., 342 Madison Avenue, New York,
N. Y. 10017, on February 16, 1 979, at 2:00 p .m.,
before Shary n L. Bamber, a Shorthand Reporter
and Nofary Public of the State of New York.
BLITZ REPORTING CO.
C ERTI FI ED S H O RTH A,.., 0 REPOR TERS
15 P A R K ROW. N . Y . 10038
PHONES: 349-3 108-9
1
2
3
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5
6
7
8
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10
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13
14
15
16
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18
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20

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# 22
23
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APPEARANCES:
Messrs. ROSENSTEIN & KAHN,
Attorneys for p laintiff ,
225 Broadway
New York, N. Y. 10007
BY: MAPC KAHN I ESQ . I
Of Counsel
DAVIDS . MICHAELS, ESQ.,
2
Attorney for defendant Alan J. Weberman,
342 Madison Ave nue
New York , N. Y. 1001 7
ALSO PRESENT:
A. J. WEBER.MAN
oOo
IT IS HEREBY STIPULATED AND AGREED, by and
between the attorneys for the r espective partie s
hereto that a ll rights provided by the CPLR, in-
e l uding ~ ~   right to object to a ny ques tion, except
as to the f orm, or to move to strike any t es timony
at this deposition , are reserved , a nd, in addition,
t h e failure to object to a n y question, or to move
to strike tes timony at this deposition , shall not
be a bar or waiver to make s uch mo tion at, and is
reserved for , the trial of this action.
IT IS FURTHER STIPULATED AND AGREED that
this deposition may be sworn to, by the witness
B LI TZ REPORTING CO.
15 PARK R OW, N.Y. 10038 PHONES: 3 4 9-3108- 9
1
3
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being examined, before a Notary Public other than
3
the Notary Public before whom this deposition was
4
begun, but t,'1e failure to do so, or to return the
•••
5
original of this deposition to counsel, shall not
6
be deemed waiver of the rights provided by Rule
7
3116, CPLR, and shall be controlled thereby.
8
IT IS FURTHER STIPULATED AND AGREED that
9
the filing and certification of the original of
10
this deposition are waived.
11
12
oOo
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14
MR. KAHN: Before we begin the deposition
15
of Mr. Eder, I would like the record to note it is
16
now 10 after 2 p .m., and that the attorneys for Mr.
17
William Ryan, Mr. Rupert Murdoch and The Village
18
Voice have not appeared this afternoon.
The record should also note they served
19
20
a notice to take deposition upon oral examination of
.,
21
Mr. Eder, dated February 2, which I received Febru-
ary 5th, and that subsequently the attorneys for the
22
above-named defendants agreed they would be present
23
in Mr. Michaels' office this afternoon, on the 16th,
24
in order that both depositions could proceed at the
25
BLITZ REPORTING CO.
15 PARK ROV.
1
, N.Y. 10038 PHONES: 349-3108-9
1 4
2 same time and explicitly, so that Mr. Eder, who is
3
here from out of town, would not have to be unduly
4
inconvenienced.

5
The record should also note that this
6 morning at 10:30 I received a telephone call from
7
Mr. Slade Metcalf, who is counsel to the above-
8
named defendants who for the first time advised me
9
that because of the presence of office work in his
10
office he did not choose to attend this deposition.
11
I pointed out to Mr. Metcalf that my client had
12
flown into New York especially for this deposition,
13
from out of town and in fact from overseas, and that
14
this would work an extreme hardship on Mr. Eder. I
15
further pointed out that since this was Mr. Metcalf's
16
notice of deposition, I expected him to be here and
17
if he preferred not to attend the deposition, we
18
would assume he had waived his rights to depose Hr.
19
Eder and that we would seek additional relief as
20
necessary under the CPLR.
I served a letter to that effect on Mr.
21
Metcalf this morning, a copy of which I would like
22
23
to put into this record and I would also like to put
into the record a copy of my client's passport.
24
Just a notation for the record, my client'
25
BLITZ REPORTING CO.
15 PARK RO\'/, N.Y. 10038 PHONES: 349-3109-9
1
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2 passport
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THE WITNl.:SS: Showed I arrived here
4
from out of the count ry last nir,ht at 7:20.

5
MR . KAHN : At JFK Airport.
6 Aeain, explicitly for the purpose
7
of attending this deposition.
8
Having said that, we are prepared to
9
go forth with Mr .   s deposit i on not i ced by  
10
Michaels, on behalf of hi s c lie nt, A. J . Weberman .
11
C H I C E D E R, plaintiff, called as a witnes s
12
by the defendant Alan J. Weberman, be ing first
13
duly sworn by the Notary Public ( Sharyn L. Bamber ),
14
testified as follows:
15
EXAMINATION BY MR . MICHAELS:
16
Q Would you s tate your full l egal name , please?
17
A My l egal name, as far as the courts , Chic
18
Eder .
19
Q What is the name appeari ng o n yo ur birth
20
certificate?
MR . KAHN : Off the record .
21
(Di s cussion off the r ecord.)
22
MR. KAHN: I am goine to object
23
because it is irrelevant for any purpose tha t
24
25
pertains to this examinat ion.
BLITZ REPORTING C O.
15 PARK R O W. N.Y. 10038 PHO NES: 349-3108- 9
1
Eder
2
MR. MICHAELS:
Asking his name?
3
THE WITNESS: You are asking the name
4
that appears on my birth certificate? I refuse to

5
answer that question.
6
MR. KAHN:
If you want to seek an order
7
directing him to answer that, you can.
8 BY MR. MICHAELS:
9
Q What is your legal name?
10
A Chic Eder.
11
Q Have you ever used any other name?
12
A I have used numerous other names.
13
Q What names?
14
A I prefer not to answer that question.
15
MR. KAHN: Again, I object to that as
16
not being relevant to the instant proceeding. I
direct him not to answer that question.
17
A I would like to state for the· ·record that I am
18
19
known only by that name at this point in time.
Q
I-Ia\re you ever been kno\vn to any government
20
agencies under any other names?
21
A Possibly.
22
Q What names?
23
A It's irrelevant to this case and I refuse to
24
answer it.
25
BLITZ REPORTING CO .
. 1·5 PARK RO\'J, N.Y. 10038 PHONES: 349-3108-9
1
Eder 7
2
MR. MICHAELS: Off the record.
3
(Discussion off the record.)
4
MR. MICHAELS: On the record.

5
Q
Do you concede you have, in. the course of your
6 life, used various other names, other than the one you are
7 now telling us is your name?
8
A
I do, but I 'vant to add to that that I have
9
never appeared before any cotirt, body or governmental
10
agency in this decade, the seventies, by any other name.
11
Q Did you ever appear before a court, body or
12
governmental agency at any time under another name?
13
A Not in this decade.
14
Yes, in the sixties or prior, I have.
15
Q
How many times?
A
I have been in court? I never appeared before
16
17
a grand jury at any time anywhere to testify before a grand
18
jury.
Q
The question, if you recall, is whether you
19
at any time, whether prior to the seventies or durincr the
20

21
seventies, appeared before any court, grand jury, or any
governmental agency under any other name?
22
MR. RAHN:
I instruct him not to answer
23
that.
24
A
I don't remember.
I am stating categorically
25
BLITZ REPORTING CO.
0036 PHONES= 3<19-3\0B-9
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Eder· 8
2 that I have not appeared in this decade, the seventies,
3 before any one under any other name except Eder.
4
I will make one concession here that I used
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the name Philip.
6
Q Is that your name?
7
A
Yes, that is my name.
8
Q
Is it the name that you were born with?
9
A
No, it is not the name I was born with.
10
Q
Again, what is the name you were horn with?
MP.. KAHN:
Here again, I am going to
11
12
object to that as being irrelevant to the proceeding.
13
Q Where and when were you born?
14
A
In New York City in 1931.
15
Q On what date?
A
I don't think I want to give him that informa-
16
tion.
17
MR. KAHN: Again, I object to the
18
19
relevancy as to the specific date of his birth. It
20
has nothing to do with any of the issues raised in
the compaint or any conceivable defense to the issues
21
raised in the complaint.
22
Q Mr. Eder, isn't it true you have provided in-
23
formation to different government agencies under different
24
names?
25
BLITZ REPORTING CO.
15 PARK ROW, N.Y. l 0038 PHONES: 349·3\0B-9
1
Eder
8
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HR. KAHN:
I object to the
question.
3
HP.. MI CHAE LS :
It is certainly relevant.
4
MR. KAHN:
It is too broadly based for --

5
Q
Have you ever given information to a government
6 agency under any other names other than Chic Eder?
7
MR. KAHN:
It presumes a conclusion.
8
MR. HICHAELS:
I am asking whether in
9
fact, I am not concluding that.
I am asking whether
10
it occurred, whether you have given information to
11
government agencies under any other name?
12
A
Not in the seventies.
13
Q Prior to that?
A Possibly.
I have been arrested on numerous
]
15
occasions and in court on numerous occasions.
If that be-
16
ing the case, then I have testified in my own cases and I
17
have given information to the government and it may have
18
been under another name.
19
Look, what I am trying to get across to you,
20
Nr. Michaels, is simply the most you could hope to go back

21
on this is ten years with me because beyond ten years, I
am not going to tell you anything, unless the court orders
22
me to tell you that.
So now, we know exactly what we are
23
dealing with here.
24
MR. MICHAELS:
Off the record.
25
BLITZ REPORTING CO.
15- PARK ROW, N.Y. 10038
PHONES: 349·3106-9
1
Eder 10
2
(Discussion off the record.)
3
MP .. MICHAELS: Back on the record.
4
Q
During the 1970's, have you ever given in-

5
formation to any governmental law enforcement agency or
6 prosecutorial agencies under the name of Philip Eder or
7 chic Eder?
8
MR. KAHN: I ask you to clarify that.
9
Do you mean during the time of a trial in which he
10
was a witness in a trial?
11
MR. MICHAELS: No. I mean during the
12
course of investigation, indictment proceeding,
13
trial or any matter related to any law enforcement
14
agency.
15
MR. KAHN:
I find the question objection...:
16
able because of the breadth and lack of specificity.
17
If you specify a specific instance or agency, I will
18
not object to his answering.
19
Q
Did you ever give information under the name
20
of Philip Eder or Chic Eder or any other name to any agency

21
or representative of the Drug Enforcement Administration or
predecessor agencies?
22
A Yes, I have. Yes, I have but it never had
23
anything to do with any individuals; it only had to do with-
24
MR. KAHN: Off the record.
25
BLITZ REPORTING CO.
lS PARK ROY/, N.Y. 10038 PHONES: 349-3108-9
1
Eder
11
2
(Discussion off the record.)
3
MR. KAHN:
Back on the record.
4
A
It only has to do with technological -- dis-
·•
5
cussion of technological operations of their computer
6 system.
7
Q
Let me go back a little bit and ask you a
8 little more by way of background.
9 Where were you educated?
10
A
Folsom Prison, California.
I graduated as
11
valedictorian of my class in 1966, I believe.
12
Q
Did you have any education prior to that?
13
A Not to speak of.
14
Q Where did you grow up?
15
A New York.
16
Q
Did you have any education subsequent to that?
A Yes.
17
18
Q Could you specify, piease?
19
A
Ventura College, Stony Brook University.
20
Q
You registered as a student at both institu-

21
tions you named?
A No.
I was a student at Stony Brook University
22
but was not registered.
I may have been, but I don't think
23
so. I wasn't registered formally, but I may show up on
24
the records.
25
BLITZ REPORTING CO.
15 PARK ROVI, N.Y. 10038 PHONES: 349-3108-9
1
Eder 12
2
Q Hhat years were those?
3
A February, Harch and part of April of 1973 and
4
in part of the semester beginning in January of 1975. Both

5
Stony Brook University.
6
Q When were you first arrested?
7
A Probably 1944 or 1945.
8
Q How old <-1ere you at the time?
9
A Thirteen years of age.
10
Q h'hat was the charge?
11
A Possession of marijuana.
12
Q What happened to the case?
13
A I went to reformatory.
14
Q For how long?
15
A I managed to stretch that out into years; I
16
don't know how many. Three, probably.
17
Q Which refor·matory?
18
A I won't answer that. ·I would rather not answer
19
that unless ordered to by a court.
MR. KAHN:
20
The name of the reformatory in
/. 21
which he was incarcerated is irrelevant to any de-
fense and to the issues in this proceeding.
22
HR. MICHAELS: Off the record:
23
(Discussion off the record.)
24
MR. MICHAELS: Back on the record.
25
BLITZ REPORTING CO.
15 PARK ROW, f'J.Y, 10038 PHONES: 349-3\06-9
1
Eder G
2 Q Mr. Eder, is it your position in this case
3 your reputation as a criminal has been defamed?
4 A No. As an outlaw.

5 Q What do you mean by that?
6
A As someone who lives outside of the law.
7 Q As someone '"ho violates the law?
8 A Possibly as someone who violates the law.
9
Q What do you claim your reputation is as an
10
outlaw, as you call it?
11
A To quote Bob Dylan,,. "To live outside the law,
12
you must be honest." To put another person in a prison
13
cell in your place is dishonest, and my statement is I
14
have at no time put another person, by trading myself, into
15
a prison cell.
16
Q Your claim here is it is your reputation as
'
17
an honest outlaw which has been defamed?
18
A That is correct.
19
MR. KAHN: Off the record.
20
(Discussion off the record.)

21
MR. KAHN: Back on the record.
22
A It has also hurt my business reputation in the
23
legitimate businesses which I am involved in at the present
time.
24
25
Q Is that your statement or have you been advised
BLITZ REPORTING CO.
15 PARK ROW, N.Y. 10038 PHONES: 349·3108-9
1
Eel er 14
2 to state that by your attorney?
3
MR. KAHN: Off the record.
4
(Discussion off the record.}

5
MR. KAHN: Back on the record.
6 A It is my statement.
7 Q Let's pursue the question of your history as
s an outlaw. When were you next arrested?
9
A
Well, I can't honestly tell you that.
10
me think about it for a moment.
I know I was arrested in
11
1950.
12
Q On what charge?
13
A Tire Act.
Stolen car across the state line.
14
Q What happened to that case?
A
15
Probation.
16'
Q When were you next arrested?
17
A
Again, I don't --
18
Q Excuse me.
Let me back up and withdraw that
19
question and ask instead, did you plead guilty to a felony
20
in the 1950 prosecution you just discussed?

21
A That is correct.
Q When were you next arrested?
22
A I might have been arrested -- You want to know
23
when was the next time I was convicted?
24
Q No, I am asking the next time you were arrested.
25
BLITZ REPORTING CO.
15 PARK ROW, N.Y. 10038 PHONES: 3"9-3108-9
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;.
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15
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18
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20

21
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24
25
Eder
A I don't know.
Q How many times have you been arrested?
A I can't count them. I have a nine or ten-page
rap sheet.
Q Can you estimate for us the approximate number
of arrests you have?
A No, because a lot of those notations on the
rap sheet deal with the felony conviction registration
which was legal at that time and you had to register as
having been convicted of a felony in places such as Las
Vegas and Miami Beach and you have to state you have been
arrested and every time you did this, a notation would
go on your rap sheet, so I can't answer that.
Q About how many times have you been arrested?
A Twenty.
Q About how many times have you been convicted
of any crime?
A Other than as a juvenile, at least six.
Q How many of those were felony convictions?
A All of them .
Q What crimes, to the best of your knowledge,
. i
!
were you convicted of, aside from the Tire Act you told
us about?
A Possession of marijuana.
BLITZ REPORTING CO.
15 PARK RO . 49.
1
Eder
2
Q How many times?
3
A
At least three or four; probably more. I was
4 convicted of possession of marijuana in 19 -- I believe
5
1959.
That was in Federal Court in Miami.
6
I was convicted of possession of marijuana,
7
State Court, in San Francisco, California, in I believe
8
1964, and I went to prison.
9
I was again arrested for possession of or con-
10
victed of possession of marijuana and possession o f   ~ No,
11
just possession of marijuana in 1968.
12
In '70 or '71 I was convicted of possession of
13
marijuana and possession of firearm, leading from the dis-
14
turbances in Isla Vista, California, 'which is in Santa
15
Barbara, California.
16
Q
In fact, didn't that last incident you told us
17
about involve the burning of the Bank of America?
18
A
It had to do with -- It had to do with the
19
incidents that took place around the burning of the Bank
20
of America.

21
Q
Here you one of the individuals convicted?
A
No, I was never convicted for burning the
22
Bank of America.
23
Q But rather for what?
24
A Possession of a firearm.
25
BLITZ REPORTING CO.
~ 15 PARK ROW, N.Y. 10038 PHONES: 349-3108-9

1
Eder
2 Q
As a felony?
3
A It's a felony. Up to five years in the State
4 of California.
5
Q Is that the entire record you have told us
6 about now?
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A No, I have only gotten up to the early 197D's.
Q Please proceed.
A I am presently on appeal on a conviction of
possession of marijuana in the State of Florida.
Q
As a felony?
A As a felony.
Q Is that the complete record? Have you now
told us of all of your arrests and convictions?
A I don't know if I have listed all of the
arrests, since I don't have my rap sheet here. I think it
is sufficient for your purposes.
Q Have you told us about all of your convictions?
A Ny convictions?
Q Yes.
A Let me think about it a minute. I have been
convicted of escape from prison.
Q When?
A December 8, 1974.
Q Where?
BLITZ REPORTING CO.
15 PARK ROW, N.Y. 10038 PHONES: 349-3\06-9
1
Eder
2 A Pardon me, mistake. I escaped
3 1972 and left a note telling them what day ,I would be back,
4 and the day was May 8, 1972 and I returned on that date
5
and was subsequently tried for escape and convicted of
6 escape.
7
Q
Have you now told us about all of the convic-
8 tions?
9
A Let me think about it for a minute.
10
I will reiterate: The original conviction,
11
which I believe the record was expunged, was possession
12
of marijuana, thirte.en or fourteen.
13
Next, Tire Act, which I don't think appears
14
on any record, in 1950. Then I was convicted -- Let me
15
make that completely c l e   r ~ I am not talking of arrests.
16
I am talking about those things I was convicted of -- con-
17
victed of marijuana in a federal court in Miami in 1959.
18
Next, possession of marijuana and possession
19
of stolen property, another charge, in 1964 in San Francisco
20
California.
Next, 1968, I was arrested in Ventura,
21
California and convicted of another marijuana possession.
22
There were other arrests involved around that
23
period; none of which resulted in conviction.
24
The next one was in '71 -- '70 or '71. To be
25
BLITZ REPORTING CO.
15. PARK ROW, N.Y. 10038 PHONES: 3"9-3106-9
1 Erler
2 cl e a r o n that, for poss es s ion of marijuana
3
of a fire bomb .
That is what I was convicted of in
4 Isla Vista, California.
5 The next conviction was Miami , Florida, about
6 a year and a half ago , on a plea of guilty to possession
7 of marijuana.
8 And I have not been convicted of anything since
9 that case is on appeal.
10
Q ivha t prison did you escape from?
11
A California State.
12
Q
Tell us, pl ease , approximate ly how much
13
marijuana was involved as to the conviction --
14
A Seven joints.
Seven marijuana cigare ttes.
15
Q Which case are you referring to?
A When I was a kid.
17
Q Next?
18
A In California -- The next one was Mi a mi.
I
19
think I would be safe in saying it was less than a quarter
20
of an o unce . I think it wa s some thing like eight or ten
21
grams or something like that.
Q Go on.
22
23
A The next conviction wa s for a very -- again a
very small amount of marijuana ; certainly not any grand
24
scale.
25
I don't remember how much . It wasn't e nough to
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1   PARK ROW. N . Y . 1 0036 PHO N E S' 349-3106-9


1
2
3
4
5
6
Eder
really talk about it.
Q
Under an ounce?
A
I believe so, but I'm not sure on that one.
Q
Under a pound?
A
Here we are dealing I believe so. Here we
7 are dealing with a case in 1964 in San Francisco.
8
In the 1968 case, I think there was a pound
9 involved in that, in the 1968 case.
10
In the case in Santa Barbara, which took place
11
in '70 or '71, we are talking about a joint or maybe two
12
joints. That was all that was involved in that one.
13
I believe the one in Miami was 5,300 pounds.
Q Any others?
15
A Any other convictions? None.
16
Q \Vhat l.'laS the stolen property?
17
A Some wigs.
18
Q You have told us you have done various time
19
in jail. Would you tell us, please, taking each conviction
20
that resulted in a jail sentence, tell me what the sentence
was?
21
A As a kid, I went to the reformatory. The
22
second conviction was probation. The third conviction,
23
which took place in 1959, resulted in my going to, first,
24
to the United States Public Health Service Hospital in
25
BLITZ REPORTING CO.
15 PARK ROW, N.Y. 10038 HONFS: 349-31 8-9
1
...... ----
LY
2 Lexington, Kentucky a nd then to the United
States Peni t e n-
3
tiary in Atlanta, Georgia.
4
Q Would you go on, please?
e
5
A 1964, the conviction in San Francisco,
6 California resulted in, 1964 to 1 968 , I was in Folsom
7
Prison, Califor nia's maximum custody p rison.
8
The 1968 conviction -- that may have been '68,
9
'69. It might have been '69.
In fact, I bel i eve that was
10
a 1969 conviction, a nd I went to the California Rehabilita-
11
tion Center in Corona , Cali f ornia.
12
In the 1970, 1971 conviction, I was sent to
13
Chino, California, San Quentin, Soledad, Folsom, CMC,
14
Tehachapi, San Quentin, Folsom, CMC, San Quentin, Folsom,
15
CMC. Tha t was my i t inerary.
16
Q Is that i t?
17
A Yes , that 's it.
18
Q You h ave spent no othe r time in jail other
19
t h a n what you told us?
20
A I have been in a lot of j ai ls. We are talking
21
about my convictions.
Q Tell me about other jails you have been in.
22
A I can't count them.
23
Q Appr oximately how many?
24
25
A Fifty. I have been in fifty j a ils.
BLITZ REPORTING CO.
15 PARK ROW . N.Y. 1 0038 PHONES: 349- 3 \08· 9


1
Eder
2 Q
Have you been a heroin addict?
3
A
Most definitely, for eleven years.
4
Q
Have you spent more than half your life in jail?
5 A
I have spent approximately 18 years in jail and -
6 I am 48.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q
Have you ever told anybody you spent half your
life in jails?
A It's very possible.
MR. KAHN: Objection as to form. You
have to be more specific as to when and who.
Q Did you ever tell Mr. Albert Goldman you have
spent half your life in jail?
A It's possible, since when I first met Albert
Goldman I would have spent half my life in jail.
Q Going to the -- It was 5,300 pounds
A I haven't been in prison for that.
Q Do you know why?
A The case is on appeal.
Q Is there a sentence that has been passed?
A Three years.
Q What court does that derive from?
A Miami.
Q Your alleged reputation as an honest outlaw
was gained therefore in what kind of enterprises, what kind
BLITZ REPORTING CO.
15. PARK ROW, N.Y. 10038 PHONES: 349-3108-9
1
]
1 Eder
2 of activities?
3
A My ·1i fe style.
4 Q Does your life style involve violating any

5 particular law?
6 A Certainly.
7
Q Which?
8 MR. KAHN: I object to that question.
9
MR. MICHAELS: The man claims his reputa-
10
tion is defamed. I asked about what his background
11
is with regard to that reputation.
12
MR. KAHN: You are asking him to identify
13
a specific legal statute.
14
THE WITNESS: Yes, I can identify the
15
statute as the marijuana laws. I have broken all
16
the marijuana laws.
17
Q You have broken the marijuana sale law repeated-
18
ly, have you not?
19
A I most certainly have. I used to sell it to
20
your client.
21
Q You say you sell it. You are speaking in the
22
present tense?
A No, you didn't ask me that. You asked me if
23
I sold marijuana. I sold marijuana.
24
Q De you presently?
25
BLITZ REPORTING CO.
15 PARK ROW, N.Y. 10038 PHONES: 349-3108-9
1
Eder
@
2
A No, I don't have any.
3
Q When did you most recently do so?
4
A Sell marijuana?

5
Q
Yes.
6
A I think that's irrelevant.
7
MR. KAHN: I object to that.
8
A
If you want to ask me when I last sold marijuana
9
to your client, I would be happy to answer that.
10
Q Thank you for your solicitous concern.
11
Are you telling us that your reputation as an
12
honest outlaw was derived from the marijuana business?
13
A Part of it was.
14
Q \·/hat was the other part?
A
15
The outlaw life style.
Q
What does that outlaw life style involve? What
16
17
do you mean?
A
How you live your life as an outlaw:
Do you
18
do business in a correct manner, are you honest in your
19
20
present dealings with other outlaws and other people.
T2
Q With regard to the cases that you have told us

21
about that involved either your arrest or your conviction
22
A
Excuse me, I want to clarify that.
I am not
23
stating on this record that what I told you about my ar-
24
rests is the sum total of my arrests.
Let's make that very
25
BLITZ REPORTING CO.
15 PARK ROW, N.Y. 10038 PHONES: 349.3\08-9
1
Eder
25
2 clear.
I don't want anybody to come back and tell me I
3
lied to you.
I am just dealing with my convictions.
I
4 can remember the convictions; I can't possibly remember

5 the number of arrests.
I have been arrested ten times
6 in one week.
7
Q
Could the number of arrests be possibly over
s a hundred?
9
A The number of arrests are all on the rap sheet
10
and sometime.between now and the time we go to court, that
11
rap sheet will appear.
12
Q In the course of any of the arrests or the
13
prosecutions resulting from those arrests, whether or not
14
they led to convictions, did you ever give information to
15
any government investigative or prosecutorial agency?
16
MR. KAHN: I object to that question again
17
on the grounds of the breadth and I ask you to be
18
more specific about what you were talking and ·when.
19
MR. MICHAELS: Off the record.
20
(Discussion off the record.)
MR. MICHAELS: Back on the record.

21
Q Mr. Eder, have you ever given information, in
22
the course of any criminal investigation or prosecution,
23
to the United States Customs Service?
24
A At no time.
25
BLITZ REPORTING CO.
15 PARK ROW, N.Y. 10038 PHONES: 349-3108·9
1
Eder 26
2 Q To the United States Coast Guard?
3
A At no time.
4
Q To the United States Drug Enforcement Adminis-
5
tration or its predecessors?
6 A Only to the United States Drug Enforcement
7 Administration and I stated prior to that what that in-
8
formation was.
That information was dealing with a leak
9
they had in.their computer. There was a method of gaining
10
access to information coming out of their computers and I
11
plugged that leak for them.
12
Wait a minute, I want to finish stating that
13
I have an understanding with government agencies I wi°ll at
14
no time be asked questions that may lead to an arrest or
15
conviction.
16
Q Have you ever given information to the FBI?
17
A Oh, yes, definitely.
18
Q How many times?
19
A Once.
20
Q Under what circumstances?
A I made a deal with the United States Government

21
Federal Bureau of Investigation to ascertain whether or not
22
their telephones were in fact capable of being tapped. I
23
then tapped their telephones and sold them that information
24
in order to get myself and other people out of problems with
25
BLITZ REPORTING CO.
15 PARK ROV.'. N.Y. \0038 PHONES: 349-3108-9


1
Eder 27
2
the United States Government.
3
Q
Did you ever give the information to any United
4 States attorney, assistant United States attorney or as-
5
6
7
8
9
10
11
12
13
sistant district attorney?
MR. KAHN: I object to the formation of
the question. Specify some definable time period or
locality that he can refer to.
Q Did you ever give information to any assistant
district attorney in the State of New York or in the State
of Florida?
A About what?
Q About any criminal investigation or court pro-
14
ceedings.
15
A Criminal or court proceedings?
16
MR. KAHN: Again, I object as to the form.
17
Are you referring to an investigation or court pro-
18
ceeding with respect to Mr. Eder or an investigation
19
or court proceeding with respect to any other person?
20
Q
I will ask both. With respect to yourself,
21
with respect to an investigation or court proceeding con-
cerning yourself as a defendant or prospective defendant,
22
did you ever give information to an assistant U.S. attorney
23
or an assistant district attorney in New York, Florida or
24
California?
25
BLITZ REPORTING CO.
15 PARK ROVJ, N.Y. 10038 PHONES: 349°3108-9
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3
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5
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8
9
10
11
12
13
14
15
16
17
18
19
20
e
21
22
23
24
25
Eder
A Yes.
Q How many times?
(;;;)
l1?
A Well , I had a case up here and I had cases
down in Florida and I had cases in California . Since I
was appearing propria persona, in many cases I represented
myself and I had reason to come in contact with assistant
district attorneys.
Q With regard to any criminal investigation or
prosecution of any other pe rsons, have you ever given any
information to any investigative agency or prosecutorial
agency in any of those thre e states?
A Let me be very clear about this: With regard
to any informa tion or any testimony that might lead to an
arrest or conviction of any human being, I have not given
a ny informat ion to any agency or a.nyone, period . That will
solve t hat .
Now, I may have g i ven information but I was
always very careful to make it clear that the inf orma tion
that I was giving, I woul dn ' t be asked any questions. I
refused to d e al with any questions that would lead to any-
one's conviction or arrest.
Q You may have given informat ion, with r e gard to
other people, to law e nforcement agencies or prosecutors?
A No . No, b ecause --
BLITZ REPORTING CO.
1 5 PARK ROW. N.Y. 10038 P HON ES: 349-3108- 9
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1
Eder 29
2
Q
Did you not just say , "I may have g i ven in-
3 formation "?
4
A
I have given information. I told you that .
I
s have g iven information with regard to the tappi ng of
6 government t e l ephones . The entire governme nt network, I
7 found a way to get into it and I sold them that informa tion
8 and then I found a way to get into their computers, the
9 National Crime Informa tion Center c omputers, and the
10
El Paso Information Center computer. That's it.
11
Q
Those are the only time s you have ever given
12
information?
13
A
That is absolutely correct. Tha t is the only
14
time I have ever given that information.
I hav e made it
15
clear to whomsoever I was dealing with that I would at no
16
time give them any informa tion that might l ead to an ar-
17
r e st or conviction.
18
Q
Yet you therefore are conceding t o us that in
19
c e rta in limited ways you s pecified that you we re an e mployee
20
of certain government --
A
At no time h ave I ever been a n employee of any
21
22
government agency .
Q Have you been paid by - -
23
A At no time have I ever been paid by a ny govern-
24
ment agency for a ny information, categorically.
25
BLITZ REPORTING CO.
1 5 PARK R OW, N .Y. 1 0036 PHO NES' 349-3 1 OB- 9


1
Eder
30
2 Q
Here you paid for the assistance you gave them
3 with regard to the computer or telephone?
4
A
I was not paid even expense money.
I never re-
5 ceived -- They attempted at one time to reimburse me for
6 air fare across the country and I ref used to accept the
7 money they offered to me. At no time has the government
8 ever given me any money except when I came out of prison.
9
Q Did the government provide you with any con-
10
· sideration with regard to any of your cases?
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A Well, of course. That was the deal.
Q
What was the deal?
A
The deal was I gave them certain information in
order to beat certain cases.
The United States Government got me out of
prison in December 16, 1974. I was released from the
California Prison. This was done with the help of the
United States Government. They were.trying to get me out
for a year to work on the possibility of their telephones
being tapped.
Q Did you ever give information concerning a man
named John Draper, known as "Captain Crown"?
A Absolutely not.
Q Have you ever given information to any govern-
ment agency with regard to Hr. Lenny Bruce?
BLITZ REPORTING CO.
15 PARK ROVI, N.Y. 10038
1 Eder
31
2
A Most definitely not.
3
Q
Did you ever give information to any government
4 agency with regard to Mr. Thomas King Forcade?

5
A
At no time. At one time the government agency,
6 at one time attempted to coerce me into giving information
7 with regard to Thomas King Forcade. At the time this took
8
place, I adamantly refused to give them any information
9
whatsoever at the risk of having my deal with the Drug
10
Enforcement Administration go·. down the tubes because this
11
man had to sign something that would allow the deal to go
12
through, and he tried to use that as a lever in order to
13
get him to give me information about Thomas King Forcade
14
and I refused to at that time.
15
Q
Was the information you gave to the government
16
with regard to telephone and computer matters, in your be-
17
lief, of value to the government?
18
A Yes. There are two things that the government
19
is concerned with over and above arrests and convictions,
20
and one is the safety of their personnel and the other is
•·
21
the security of their information.
Q Did you derive the information you gave to them,
22
in part, from information you gathered from one John Draper?
23
A I will not answer that question since it may
24
lead Mr. Draper to have problems with the government and he
25
BLITZ REPORTING CO.
15. PARK ROW, N.Y. 10038 PHONES: 349·310B·9
1 Eder
32
2 certainly cannot afford them at this time.
3 I would like to add to my answer the fact at
4 no time did I give the government any information with

5
regard to John Draper.
6
Q However, you would contend that the information
7 you gave was of high value to the government?
8 A Well, let's put it this way; They traded for
9 it, so they must have thought it was of high value.
10
Q
Do you feel that it 1va.s high level information
11 you were giving?
12
A No, sir. Definitely I tapped the FBI telephones
13 at the height of the Patty Hearst investigation and they
14 freaked.
15
Q So with regard to those limited matters, did
16
you provide. the government with high level information?
17
A I object to that simply because you are just
18
trying to fill out that "high level." Alan J. Weberman's
19
line in The Village Voice was that I was a "high level DEA
20
informant." That's not my place to ascertain whether or
21
not this information was of value to them. You have to
22
ask the DEA agents I am going to put on the stand whether
or not it was of interest to them.
23
24
Q When was it that you were released from prison
25
with the assistance of the United States Government?
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2 A December 16, 1974.
3
Q
For how long before that had you been in prison?
4
A
I went to prison -- Again, it was the conviction
••
5
that took place in Isla Vista,Santa Barbara, California,
6 and I believe that was 1970 or '71 that I went into prison,
7 and I escaped from prison in December of 1972 and returned
s voluntarily to prison May 8, 1973. I had been in prison
9 for that length of time on that charge.
10
Q
During the spring of 1974, did you ever visit
11
Mr. Thomas King Forcade?
12
A
Spring of 1974 was spent incarcerated in the
13 California prison.
14
Q
I think I am confused about dates. Have you
15
told us that you were released from prison in California
16
in December of '74?
17
A
That's correct. In the spring of '74, I was
18
in the prison.
19
Q
During the spring of 1975 then you were re-
20
cently released from prison with the assistance of the

21
government; is .that correct?
A That's correct.
22
Q
During that period of time, did you ever visit
23
Mr. Thomas King Forcade?
24
A
During what period of time?
25
BLITZ REPORTING CO.
15- PARK ROW, N.Y. 10038 PHONES: 349-3108-9
1
Eder
2
Q Spring of 1975.
3
A Yes, I was intimately involved with Thomas King
4 Forcade in numerous business ventures .

5
Q Were any of the business ventures criminal?
6
A I object to the word "criminal."
7
Q Were any of those prohibited by law at that
8
time?
9
A Yes, they were outlawed definitely.
10
Q
Did you ever visit Mr. Forcade at the Fifth
11
Avenue Hotel at Ninth Street?
12
A Yes. On a daily basis for many months during
13
the time we had that suite.
14
Q
11
V'Je
11
? You said "we
11
had that suite. Were you
15
a partner?
16
A During the time we had that suite -- I will
17
change that.
18
Q What business was carried on at that location?
A
19
What business was carried on at that location?
20
Numerous businesses, I suppose.
Q What businesses, if any, that you know about?

21
A Work on HIGH TIMES MAGAZINE, distribution of
22
marijuana.
23
Q In what kind of quantities?
24
A Hundred pounds, 200 pounds, 500 pounds.
25
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3
4
5
6
7
8
9
10
11
Eder
Q
Were you one o'f the partners in that venture?
A
I certainly was.
Q
And during that time, were you cooperating with
the government?
A Wait just a moment.
MR. KAHN: I object to the form of the
word "cooperating" with the government because I don't
know what it means and I am not sure
A Yes, that's what stopped me.
Q During that time, were you providing information
12 to any government agency?
13
A Yes, I was working at that time on the computers
14
Q What agency was it that you were dealing with
15
at that time?
16
A The Drug Enforcement Agency.
17
Q Did there come a time when the marijuana sales
18
business at the Fifth Avenue Hotel ended?
19
A They sure did.
20
Q Do you know the circumstances under which it
ended?
21
A
22
I wasn't there at the time, but from my in-
23
formation, something happened to the sprinkler system and
24
it went off, thereby flooding the suite and causing the
25
fire department to break into that suite and I believe they
BLITZ REPORTING CO.
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I Eder 36
2 found a quantity of marijuana there. Following that, when
3 the district attorney here in New York attempted to coerce
4 me into testifying with regard to that marijuana belonging
5
6
7
8
to Thomas King Forcade.
Q
Is that Mr. Newgarten?
A That's correct.
Q You say he attempted to coerce you. What did
9
he say?
10
A That's correct. He said he knew I had a deal
11
with the Drug Enforcement Agency to kill the case for me
12
in New York City here based on information that I had
13
supplied to them with regard to the computers, and he
14
attempted to -- I don't know the right word -- quash the
15
deal. He refused to allow the deal to go through unless
16
I agreed to testify or give information against Thomas
17
Kini; Forcade, at which time I told him to "get fucked."
18
Q
Close quote?
19
A Close quote.
20
Q
Thank you.
A And told him my deal with the Drug Enforcement
21
Agency -- and I lived up to my deal with the Drug Enforce-
22
ment Agency -- my deal, at the beginning, with the Drug
23
Enforcement Agency, was at no time was I to be asked for
24
any information that might lead to an arrest or conviction,
25
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1 Eder
37
2 so I didn't have to supply him with that information and
3 if he refused to go along with the DEA, then that was the
4 problem between him and the DEA and to leave me out of it .
5
6
7
Q
Mr. Eder, when you did give information to
governmental agencies, you told us you had an understanding
that information would not lead to an arrest and you would
8 not be asked questions that might lead to an arrest; is
9 that correct?
10
A No. ·11y original deal with the United States
11
Government was simply the deal was made while I was in
12
prison and I told the man he had read me completely wrong
13
if he thought I would trade my prison cell for another
14 man, put another man in my place. We made an agreement
15
at the time, not only was I not expected to give up any
16
information and would not be asked any questions that may
17
lead to an arrest or conviction.
18
Q
Did you ever have any agreement you would never
19
mention anybody's name?
20
A No, I don't think so.
21
Q Your agreement was while you might mention
22
somebody's name, no arrest would result; is that correct?
23
A No. Let's get it straight. You are getting
24
cute again. You get cute a lot. Don't do it.
25
Our agreement was I might be asked questions
BLITZ REPORTING CO.
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1 Eder 38
2 that would lead to an arrest or conviction. At the time
3 I made my deal with the government, I fully understood the
4 fact there are things that are more important to an in-

5
vestigative agency of the United States Government than
6 arrests or convictions, and those two things are the safety
7
of their personnel and the security of their information
8
and communications; therefore, my deal with the government
9
as to a system in areas dealing with the safety of their
10
personnel or their securities of their information or com-
11
munications.
12
Q But in the course of the information you did
13 get, you may have named names?
14
MR. KAHN: I object to the form of that
15
question.
16
A Yes.
17
Q
Did you ever name the name of anybody who
18
committed a crime, in the course of giving information?
19
A No. Now we can deal with the question. No.
20
Okay.
Q I want to thank you for your compliment on my
••
21
looks.
22
You have told us you know you sometimes repre-
23
sented yourself in dealing with the prosecutors; is that
24
correct?
25
BLITZ REPORTING CO.
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1 Eder
39
2 A
Yes, I was propria persona in a case in Los
3 Angeles County, which I beat, and in Ventura County and
· 4 in Santa Barbara County and San Luis Obispo County I
. s
6
7
represented myself in those cases and those jurisdictions .
Q
Any of those cases lead to guilty pleas?
A
The Los Angeles case was acquittal and the
s case in Ventura, California led to a guilty plea, and the
9 case in Santa Barbara, California led to being found guilty
by a jury, and the case in San Luis. Obispo County led to
10
11
a plea of guilty on an escape charge.
12
Q
There have been times where you have had
13
attorneys representing you?
14
A Oh, definitely. Those are the only times I
15
was not represented.
16
Q The case involving the 5300 pounds in Florida,
17
did you have an attorney in that matter?
18
A I did.
19
Q
Who was that?
20
A During the case?
Q Yes .
21
A During the trial itself?
22
Q Yes.
23
A Michael Kennedy.
24
Q Did he resign as your attorney?
25
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He did.
3
Q Did he give a reason for it at the time that
4 you know of?
5 A He did .
6
Q What was that?
7
A He said he didn't want -- he wouldn't defend
8 people that worked with the gover nment .
9 Q
In fact , did he call you an informant?
10
A He did .
11
Q
Did he express shock you had not told him?
12
A Yes.
13
Q Had you told him?
14
A No .
15
Q
So you did not inform your attorney that you
16
had a relationship with governmental agencies?
17
A That is correct.
18
Q
At that time did you ask Mr . Kennedy to delay
19
before informing anybody of the new fact he had learned?
20
A That is correct , and which he did .
21
Q
And therefore, he later revealed it, with your
consent?
22
A
He did not at my consent .
23
Q Did an allegation that you were shown t o have
24
25
been a government informant and an informant for the DEA
BLITZ REPORTING C O .
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2 ever appear in prin.t that you know of?
3
A Yes, it did.
4
Q Where and when?
5 A
HIGH TIMES MAGAZINE.
'rhe when would be, I
6 think, the Christmas issue two years ago.
7
Q And?
8
A
About a year and a half -- Not this last
9 Christmas but the Christmas issue prior to that.
10
Q Was that statement true or false?
11
A
Let me see it again so I can say what is true
12
and what is false.
13
The statement is false and I will deal with
14
where it is false in just a moment.
15
As far as this is concerned, it states here,
16
and I will· read the heading, "Dope Hero Turns Narc."
The
17
term "Narc" means either someone who is working for the
18
Narcotics Agency for the United States or an informant in
19
narcotics cases for the United States Government.
That is
20
untrue.
It also says here, on the seventh line of this

21
article, it says, "was revealed in court as a government
informant."
That is untrue. Never came out in a court of
22
law.
23
MR. KAHN:
Are you introducing this· into
24
the record?
25
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(2·
MR. MICHAELS: Would like it? you to mark
3
MR. KAHN: Yes.
4
MR. MICHAELS: Fine.
• 5
Q The false allegation that appeared in print in
6 HIGH TIMES MAGAZINE that you had been revealed in court to
7 be a narc, did that cause you a loss of income?
8
A Yes.
9
Q What income?
10
A
Income derived from the marijuana business.
11
Q
Did it cost you any loss of income in your
12
yachting business?
13
A No.
14
Q Did it cost you any loss of income in any other
15
businesses?
A I don't think so.
16
17
Q
Did it cost you any loss of reputation as an
18
honest outlaw or otherwise?
19
A Most definitely.
20
Q
In fact, isn't it the kind of allegation you

21
are complaining about in this case?
A Most definitely, but not quite as strongly
22
because there was no specificity as to what it was I was
23
supposed to have done within the HIGH TIMES article.
24
Q In fact, is it your opinion that the HIGH TIMES
25
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43
2 article caused much more damage to your income as an out-
3 law?
4 A Possibly.

5 Q
Have you, 'to' this date, taken any legal action
6 against HIGH TIMES MAGAZINE or Transhigh Corporation?
7 A No, I have not, but that was simply because at
8 the time I was not in a position to do so and I am glad you
9 brought that to my attention, because we intend to do it at
10 ·this point.
11
Q Did you ever complain in writing that the in-
12 formation published therein was false?
13
A No, not in writing.
14
Q Did you ever complain orally that it was false
15 to HIGH TIMES MAGAZINE?
16
A No, Thomas King Forcade.
17
Q What did you say?
18
A Told him it was bullshit and
19
Q What did he say?
20
A Be that as it may, Thomas King Forcade and I

21
were in business with the marijuana and he cheated me out
22
of a large sum of money and that is what was the basic
23
argument originally.
24
Q How much marijuana did you and Thomas bring
25
into the country during the course of that business?
BLITZ REPORTING CO.
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( 44 )
U/
2 A Many thousands of pounds.
3
Q
How many different importations were involved ,
4 approximately?
5
A
Three .
6 Q By airplane, ship or how?
7
A By boat .
8 Q So in fact there came a time when you felt that
9
Thomas King Forcade cheated you out of a l arge sum of money?
10
A He did .
11
Q When was that?
12
A
When did I l e arn he cheated me out of the
13
money?
14
Q Yes .
15
A April , 1 97 7 .
16
Q
And so after Apri l 1977 , what was your opinion
17
of Mr . Forcade's honesty?
18
A
I stopped doing business with Mr. Forcade a t
19
t hat point and took my money back a way from him.
20
Q What was your opinion of Mr. Forcade?
21
A That he was a c h ~ a t   that he was not an hone st
outla\·1 .
22
23
Q Did you ever tell a nybody that?
A Tom Forcade .
24
25
Q Anyone else?
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45
2
A No, I didn't feel it was necessary. A lot
3 of people knew about it. Yes, I did tell a lot of people
4 in the business so they could protect themselves from Mr .
5
6
Thomas King Forcade.
Q Did you ever complain in writing to Mr. Michael
7 Kennedy about his having said you were a narc or drug
s agency informant?
9
A No.
10
Q Did you ever complain orally to him about that
11
statement?
12
A Yes.
13
Q What did you say?
14
A You know, I said that since that wasn't true,
15
that I felt he was wrong in saying that.
16
Q What did he say?
17
A He said, well, you know, he said we are all
18
entitled to our opinion. In fact, I think it was his words.
19
Q Did you ever take any legal action against him?
20
A No, I haven't yet.
Make a note . I am suing him too. Let's simplif
21
that.
22
Q Do you have any claim to any secret, confidentia
23
conversations with Mr. Kennedy about your status as an
24
alleged informant on narcotic cases?
25
BLITZ REPORTING CO.
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T3 2 A I am not sure I understand what you are talking
. 3 about.
4
Q You have told us something about conversations

5
\vi th Mr. Kennedy, your former attorney, concerning the
6 allegation which he made which was reported in HIGH TIMES
7 that in fact you were a narc informant.
8
A Did I?
9
Q I am saying, are you claiming there was any
10
other conversation with him with regard to your status as
11
an informant which was secret or confidential?
12
A Yes, all of it was secret and confidential. He
13 was my attorney.
14
Q Were any of those secret and confidential con-
15
versations concerning whether.or not you were in fact a
16
narc informant?
17
Most definitely.
18
Q You have told us that you wished to consider.
19
bringing legal action against Mr. Kennedy. I take it you
20
would not object to his testifying about your conversations

21
concerning your alleged status as a narc informant?
A l'lould I object to that? I already object to
22
that. I object to his having violated the attorney-client
23
relationship and it has just dawned on me, sitting here in
24
your office, I should take legal action against him.
25
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2 Q
You are saying he violated a confidence that
3 in his opinion you were a narc informant?
4
A That is correct.
5
Q You are contending there were conversations you
6 . had with him in which that was discussed in which you ex-
7 pected and hoped would be kept secret?
8
A Yes.
9
Q
During those conversations, did you and he dis-
10
cuss your activities , however limited, in assisting the
11
government?
12
A Correct.
13
Q
Have you ever given information to any govern-
14
ment agency concerning a narcotics investigation or prosecu-
15
tion?
16
MR. KAHN: I am going to object to that . .
17
The question was asked and ~ n s w e r e   earlier.
18
19
Q Were there other places , aside from the Fifth
Avenue Hotel , where you and Mr. Forcade conducted an outl aw
]
20
business , as you cal l it?
A I don't have to
21
MR. KAHN: I object to the question and
22
direct him not to answer .
23
A Hold it. I will answer the question but I won 't
24
get into any specificity.
25
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1
2
3
4
5
6
Q
A
Q
A
Eder
Yes, We are involved.
Were there, in fact, several other places?
Yes.
Where do you live?
In my suitcase. I do not have a permanent
7 domicile.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q
Do you own real estate in Manhattan?
A No. I don't own real estate anywhere.
Q Are you a partner, member of a firm or share-
holder in any business which owns real estate in Manhattan?
A No.
Q Do you own any boats?
A No.
Q
What is your business. at this time?
A I'm a corporation in New York.
Q Which does what?
A Sells ears.
Q E-a-r-s?
A Sells ears.
Q Is that the sole business of that company?
A At that point, yes.
Q What is the name of the company?
A Picaresque of New York.
Q What business did that corporation normally
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49
2 conduct?
3
A
Conducting no business besides that.
]
4
Q
Have you made arrangements for any improvements

5 on any real estate in Manhattan within the last two years?
6 A
I don't know what that means, so I can't answer.
7 Would you be a little more specific, you know, instead of
s being a lawyer?
9
Q Have you arranged for services of architects,
10
carpenters, electricians, renovators, restorers; rebuilders
11
or any other persons whose business is involved in the im-
12
provement of realty?
13
A
I worked on it for a while but nothing came to
14
fruition.
15
Q
A building at what address?
16
A I don't know the address. It was in the
17
twenties but I didn't buy the building, so that's
it
18
was a plan to buy a building through a corporation I was
19
involved with and the plan never came to fruition.
That's
20
all.

21
Q Are you telling us then that at one time you
made a contract to purchase a building but did not close
22
the deal?
23
HR. KAHN: I object to that.
24
25
A No, I didn't make any contract to purchase any
BLITZ REPORTING CO.
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building.
3
Q
What was the price of the building which you
4 didn't buy?

5
A How does that relate?
6 MR. KAHN: I object to this entire line
7
of questioning for the reasons it is totally im-
8
material to any defense that may be legitimately
9
raised ·in the action and there is no indication what
10
Mr. Michaels is talking about and I think it is un-
11
fair to ask the witness to respond. I am not sure.
12
what you are talking about and I am not sure my
13
witness does either.
14
Q Do you have any business other than the·
15
Picaresque business you have told us about?
16
A What other businesses do I have or what other
17
businesses do I project?
18
Q What other businesses are you conducting now?
19
A In the United States, none.
20
Q Outside the United States?
A Various other business ventures .

21
Q Such as?
22
MR. KAHN: I am going to object.
23
HR. MICHAELS: I am going to object to
24
your objection. The claim is that there is a dero-
25
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a nd I am  
2
gation of his business and income
3 what business he is in.
4 A
Let me think about that. I am in t he opal
5 business in
6
Q
You mean the cars or qem stone?
7 A Gem stone .
8
Q Anything else?
9 A That's it.
10
Q You are not in any yachting or boat-oriented
11
business?
12
A
Yes , I am, but I'm not making any money at it.
13
Q What does that business involve?
14
A
Involves owning a piece of a corporation that
15
owns and charters boats.
16
Q How many boats does that company own?
17
A At this point, one .
18
Q Where is that business locat0d?
19
A I prefer not to answer that.
20
Q
Is y our attorney objecting to it?
21
A I don't n eed my attorney to tell me not to
22
a nswer the question.
23
Q Wher e is your boating business loc ate d?
A Off the record .
24
25
(Di s cussion o f f the record .)
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2
MR. MICHAELS: Back on the record.
3 A In the Caribbean and further than that, I would
4 rather not state, and the reason I would rather not state

5 it is simply because I already have J:ieen injured by this
6 party and I don't want that information available to this
7 party.
8 Q Under what jurisdiction? What island or
9 locality?
10
A That is exactly what I'm telling you I am not
11 going to tell you.
12
MR. MICHAELS: Off the record.
13
(Discussion off the record.)
14
MR. MICHAELS: Back on the record.
15
Q You are not making any money from that this
16
year, the boating business?
17
A No.
18
Q Did you make any money from it last year?
19
A Yes.
20
Q About how much?
A A few hundred dollars.

21
22
Q Did you make any money from it the year before
that?
23
24
A I wasn't in it the year before that.
25
Q How about the opal business; are you making any
BLITZ REPORTING CO .
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money this year?
3
A A few dollars.
4
Q Make any money in it last year?
-
5
A I wasn't in it last year.
6 Pardon me , that's wrong . I was in it last
7
year and no , I did not make any money in it l as t year.
8
Q What are you making money in this year?
9
A Nothing . It is a pretty bad year so far.
10
Q What did you make money in last year?
11
A I said I made a few dollars in the boat
12
business l as t year. Maybe two, three hundred dollars.
13
Q What else?
14
A That's it.
15
Q How did you support yourself l as t year?
16
A I didn't.
17
Q How did you buy food?
18
A I didn't.
19
Q You did without food all year ?
20
A No. I didn't buy any food .
Q You are telling us that your only income fo r
21
the year or the only income was f rom those businesses?
22
A From thos e businesses.
23
Q l".111a t was your total income for the year 1976?
24
A Maybe three, five, four hundred do llars.
25
BLITZ REPORTING CO.
15 PARK ROW. N . Y. 10038 PHO NES: 349-3108-9
1
Erl.er
2 Q
How about 1977?
3
A Probably about the same .
4
Q How about 1978?
5 A I don't know. I can 't deal with that because
6 I don't know how much I made because I don't keep any re-
7 cords, but that's what I figure I made.
8
Q You do keep copies of the tax returns you file,
9 do you not?
10
A No, I don't have any tax returns. I don't file
11
income tax.
12
Q You don't file any income tax anywhere?
13
A That's correct .
14
Q
How much did you make from the marijuana
15
business , let's say, in 1975?
16
A I have no idea.
17
Q
1976?
18
A I don't know.
19
Q
1977?
20
A Don 't know.
Q 1978?
21
A Don ' t know .
22
Q 1979?
23
A Don 't k n d ~  
24
Q You have been in the marijuana busi ness in 1979?
25
BLITZ REPORT I NG CO.
15. PARK ROW, N.Y. 10038 PHONES' 349-3108-9
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2 A No.
3
Q I ' m sorry . I thought you said you didn ' t know
4 how much you made in the marijuana business in 1979. Are
5 you saying you don ' t know because you were in the business
6 or you don't know --
7
8
A I'm saying I don ' t know because I have n't been
doing anything in 1979 in the marijuana business . I haven't
9 been in the marijuana business in 1979 , but I was in t he
10
marijuana business prior to 1979.
11
Q Up through 1978 , perhaps?
12
A Sure .
13
Q You t old us about a dispute with Mr . Forcade
14
t hat led you to feel he cheated you out of a substantial
15
sum of money. How much money was that?
16
A It wasn ' t money ; it was marijuana.
17
Q How much marijuana was it?
18
A Fifty pounds .
19
Q How much does that go for?
20
A It depe nds on your neighborhood .
Q
21
Appro ximately at that time, l et 's say in the
22
neighborhood in which the act you were complaining about
occurred?
23
A l\.bout $200 a pound. It was in Florida.
24
Q About $10 , 000, maybe?
25
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But you see, in the
A Yes, about ten grand.
3 course of this there is a cost of doing business; the cost
4
of doing business is all of it.
I don't make any profits,

5
so I don't pay any taxes. It's obvious what I am saying
6 is I don't pay any taxes to the United States Government
7 and I don't have any intention to pay taxes to the United
8
States Government. Therefore, I am not going to state
9 under testimony that I made any money on any ventures.
10
Q Have you ever or do you ever intend to pay
11
taxes to the State of New York or the State of Florida or
12
any other state or municipal jurisdiction?
13
A I don't intend to pay any taxes to any govern-
14
ment agency in the world at any time at this point, Since
15
I am an anarchist., I don't believe in government.
16
Q
Have you done that in the past? Have.you made
17
out tax returns and paid taxes?
18
A I can't ever remember making a --
19
Q To any state or municipal government?

20
21
A I have sort of a deal with the government.
Whatever they get is theirs and whatever I get is mine .
Q This deal, is this like the other deals you
l
22
are telling us about where you made a specific agreement
23
with some government official?
24
A I have no agreement with any government
25
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2 official.
I just decided I'm not going to pay any taxes.
3 Q
You used the word "deal," as a joke?
4
A
I have, at times, say, for a few days, worked

5
and the monies that I may have earned would have been,
6 would have had withholding taxes taken out of it, and if
7 there was any withholding tax which was taken, I never
8 filed to get any back and I let the government keep that
9
but I did not file income tax.
I just refuse to file it.
10 I don't pay any attention to that.
11
Q
Where did you get the money to use to go in
12
the boat business?
13
14
A I didn't put any money in the boat business.
They pay me a small amount of money for advice.
]
15
Q We are all aware that legal proceedings are
16
expensive. How do you finance legal proceedings; from
17
what source of income?
18
A
My attorney, at this point, does not charge
19
me any money.
He has -- I believe he used the term ''pro
20
bono." Is that the term? Pro bono publico.
Since I don't

21
pay this poor fellow, we are wasting a tremendous amount
of time.
I don't pay any attorney.
22
23
Where did I get the money to pay Michael
Kennedy?
From the marijuana business. J
24
..
Q
In fact, over the course of your dealings
in
25
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2 the marijuana business , you have taken in a great deal
)
3 of money , have you not?
4
A Yes, but I didn't make any. The cost of doing
5 business was always just about exactly the amount of the
6 marijuana business.
7 Q Would you say , perhaps, over the cours e of
8 your lifetime you have taken in more than a million dollars
9 in t he marijuana business?
10
A ·rf the question is, has a million dollars gone
11
through my hands in the marijua na business, yes .
12
Q So given the income position that you are tell-
13
ing us that you have at this point , you are not claiming
14
that Mr. Weberman 's article caused you any loss of any in-
15
c ome in the opal or boat business, are you?
16
A · I'm claiming that it caused me not to make any
17
money and that is why I haven't made any money, because
18
there are certain peop le who have ref used to do business
19
with me based on the fact Weberman ' s article states I am
20
an informant and who have testified before a grand jury
21
in Brooklyn .
Q l·vho were thos e people that refused to do
22
23
business with you as a result of the articl e ?
A Well, I attempted to hire someone for the
24
25
magazine that I ha d projected for the future , recently,
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and that person said, "If I want a cop, I will
3 police station.''
4 Q With regard to your earnings in the opal

5 business or boat business, are there any earnings that you
6 have lost as a result of the publication of this article?
7
A Yes, I believe so. There is a fellow in Texas,
8 his name is Ray
9
Q Ray what?
10
A Carter.
11
Q Do you know his address?
12
A No, not at the moment, but I will certainly
13
get it for you.
And Ray Carter refused to become involved
14 with me in the opal business over the incident.
15
Q
Had you previously been involved in the opal
16
business with Mr. Carter?
17
A No.
18
Q
That was only a plan possibility?
19
A The venture.
The venture specifically went
20
down because of this article.

21
Q Did that venture produce any income to you in
22
the past?
A No.
23
Q
Do you ever charter your boat to smugglers?
24
A No.
25
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2
Q Outlaws of a ny kind?
'
J
'..______/
3
A Not to my knowledge .
4
MR. MICHAELS: Let ' s take a recess.
5 (Reces s taken .)
6 BY MR. MICHAELS:
7
Q Do I understand correctly you have told us
8 that your only income from legitimate businesses , duri ng
9 1977 and 1978, was a few hundred dollars?
10
A No. You understand correctly as stating that
11
that is all I wish to state that I had made simply becaus e
12
I don't want it to appear anywhere on the record that I
13
have stated more than that because I don't want the govern-
14
ment, at some point , to come back to me and say why didn ' t
15
I pay taxes on it.
16
Q Did you lose   ~ y money on a ny existing legi timat
17
business as a result of the publication of the article?
A
18
Yes , I did. It has caused me - - It has caused
19
me to postpone the publication date of magazine that I have
20
been planning for the past year.
Q Did you have any income from that magazine in
21
the past?
22
A No , it was just a projected income.
23
24
25
Q Is there any existing business that provided
you with income which has been harmed economically by thi s
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21
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publication?
F
vi
MR. KAHN: I have to object to that
question on the grounds it already has been asked
and answered.
MR. MICHAELS: Off the record.
(Discussion off the record.)
MR. MICHAELS: Back on the record.
A Yes. The reason I have not done any business
in the marijuana business in 1979 is primarily based on
this article.
Q In fact, the primary loss economically you had
as a result of this publication is the decline of your
marijuana business, is it not?
A Exactly.
Q That is the overwhelming and predominant thing
that the case is about, isn't it?
A Yes. It most certainly is. I think I can
answer that that is true.
Q
Thank you.
Off the record .
(Discussion off the record.)
MR. MICHAELS: Back on the record.
Q You have told us about your belief that that
article was published with malice?
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2 A Correct.
3
Q
What do you believe the origin was of that
4 malice?
5 A
My refusal to any longer sell marijuana to
6 A. J. \•leberman at very good prices.
7 Q When was that?
8 A I stopped selling it to him around June of
9 1977. I believe that is the last transaction, June of
10
1977. It may have been July, ·but I don't remember, but in
the summer, spring or summer of 1977 I stopped selling to
11
12
him.
13
Q You stopped because you believed the selling
14
of marijuana was wrong, against the law or some other
15
reason?
16
A No, I cut him off,
17
Q Why?
18
A Because I decided he was a pain in the ass.
19
Q Didn't you leave to1vn about that time because
20
of the article that appeared in HIGH TIMES that claimed
21
you were·a narc informant?
22
A Excuse me. The time I stopped doing business,
I cut him -- cut A. J. Weberman fr'om his supply of
23
marijuana took place in June or July of 1977. The publica-
24
25
tion in question is, the HIGH TIMES article appeared in the
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2 De c emhe r i s sue which proba bly came out i'lround the e nd of
3 Oc t o ber or the beginning of NovembP-r .
4
Q
When wa s it that Michael Ke nnedy made the
5 sta t ement that you were a n a rc informant?
6 A I believe around Labor Day of that same ye ar
7 and I had cut him off months before that .
8
Q
That was during the time you were working
9
for the government age ncy you have na med in the limite d
10
way you have specified?
11
A No.
I had not wo r ked for those go vernmen t
12
agencies . I worked twice for the Feder a l nur e au of In-
13
ve stiga tion on the telephone deal in 1975 and I worked
14
with the governme nt on the othe r case , t he computers , in
15
1976 , so it was , like , at lea st a minimum of a y ear ha d
16
gone by since I had anything to do with the gover nme nt .
17
Q
Let me show you this document, sir , Rnd ask yo u
18
if this is your complaint iri the case we a re di scuss ing?
19
The summons is o n top and the doc ument be low tha t is the
20
one I am refer ring to .
A Ye s , I think so . It l ooks like it.
21
Q Tha nk you . At the time of the e vents tha t you
22
are complaining a bout in the lawsuit that we are dis cussing
23
today , your complaint state s in paragr aph 6 that you were
24
self- employed as e ntrepreneur a nd ventur e capitalist ; is
25
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15 P A RK ROW, N . Y. 1 0 038 PHO NES;    
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2 that true?
3
A I'm not sure what "venture capitalist" is. I
4
am an entrepreneur . I don 't have a capital to be a venture
5 capitalist and I know a lot of capitalists with money and
6 I put together a lot of deals .
7
Q ivhat do you do when you put together deals?
8
A I'm trying to put together a magazine . I have
9
received commitments for large sums of money to put this
10
magazine out, and because of · this article , I have not been
11
able to hire certain parties who have refused to work for
12
me simply because of this article and this kind of a rep uta-
13
tion .
14
Q ivho has made commitments to finance your ve nture
15
you are telling us about?
16
A Certain people in the Caribbean .
17
Q Who?
18
I'm not going to tell you that. If it becomes A
19
necessary a t trial , if it is up for question , I suppose I
20
wi ll bring these people in.
Q If there is going to be a trial, it is ne c essary
21
for you to establish a b as is on which to proceed. I a sk
22
you if the basis of the statements in the complaint are
23
true a s to what your income was, and if you are telling
24
me you list specific monies , I have to ask you to ide ntify
25
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65
which moni e s and from whom.
A Time out.
(Recess take n. )
MR. MICHAELS: Bac k on the record .
A My answer to that is I can list three peop le
and at the time of the trial . When it   ne cess ary,
I will be very happy to give up thos e names , but at this
point in time , since I have   damaged maliciously by
Mr . ·weberman, I have every reason to he lieve those names
I may give you at this point will also be damaqed by Mr.
Weberman in print and the refore , prior to asking these
people if I use their names, I c a nnot give you· their
names . However, I will agree that be fore the month of
February is out, to transmit those names to you . That is
as far as I can go . I can ' t give you those p eople's names
unti l I ask them.
Q As a r e sult of the alle gations in the a rticle
you a r e compl a ining of, are there a ny other monies that you
list?
A I think I have already answered that , with re-
gard to not being in the marijuana busine ss in 1979 simply
b e cause people don't want to do business with me , based on
this article by Weberman .
Q Is it your op inion you have the r ight to be in
B LI TZ REPORTI NG CO.
15 PARK ROW, N.Y. 10036 PHO NES' 349-31 0 6·9
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66
2 the marijuana business?
3
MR. KAHN: I am going to object to that
4
on the grounds it calls for an opinion which is
5
not legally material or admissible and therefore
6 it is not relevant to the deposition.
7
Q Your complaint says in paragraph 6 that at the
s time of the events complained of herein, you were self-
9
employed as an entrepreneur and venture capitalist. Are
10
the bases you told us about the extent of your effort as
11
an entrepreneur and venture capitalist, that is, the pro-
12
posed magazine, the opal business, the boat business and
13
the marijuana business? Is that all the businesses you
14
\Vere in?
15
A Let me state this. That is correct except for
16
the fact that up to th.is point in time, my attorney, Mr.
17
Marc· Kahn, had no idea of the fact I was in the marijuana
18
business. That is the first he learned of that, so we will
19
clear the record.
20
Yes, that is true, other than having losses --

21
I can only think of one loss in the opal business, but I
can think of three losses in the magazine business.
22
Now, since the money has already been put up
23
on the magazine, I believe that I can prove in a court of
24
law I have in fact been injured in the magazine business.
25
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1
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2
MR. KAHN: For the record, he has also
3 testified earlier that he is involved in the ear
4 business.
5 Q
The businesses you are talking about are in
6 the proposed magazine business and marijuana business and
7 the sympathetic ear business? You lost business in the
8 ear
9
A
I lost business in every area because social
10
ostracism took place by virtue of this article.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q
You say you will do -- You mean by that you
have
A
I think I can prove -- we can prove in a court
of law, when we p.it people on the stand, they in fact did
not enter into business dealings with me or refused to go
ahead with business dealings, agreements we had prior to
this article appearing.
Q
But in 1978 your total income was two or three
hundred dollars; is that correct?
A My statement is, here again, my statement is I
keep no records because I don't intend to pay the govern-
ment any taxes on what I earn in any area, so when people
ask me how much money I made last year; I generally tell
them less than what it costs, less than what the figure is
for paying taxes. That is how I figure my income as less
BLITZ REPORTING CO.
15 PARK ROW, N.Y. 10038 PHONES: 349-3108-9
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2 than taxes .
3
Q How much has your income declined since the
4 article was
5
A Half.
6 Q Half of what?
7
A
The few hundred dollars that I made last year.
8
Q Therefore, you are saying your business losses,
9
in your various businesses , come to half of a few hundred
10
dollars?
11
A I a m in a cross here . I am damned if I do and
12
damned if I don't. I ' m stating that because of the Internal
13
Revenue Service having access to what is in fact the publ ic
14
document, which I am dictating at this point , that I don't
15
want to state I made more money than that . My primary
16
objection to these lie s that were printed about me is
17
social. My attorney, however, tells me that I must show
18
financial damage in order to make my case stronger . I
19
don ' t care if my case is stronger or not stronger. Mr .
20
\veberman malicious ly defamed me in print a nd my s tatement
is this has hurt me socially much more than it has hurt
21
me on a business level, which is the purpose .
22
So whatever discussion that you get into with
23
regard to my fina nces is pretty much a dead end because we
24
are not going to get anywhere. I am not going to admit to
25
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2 you having made more money than I would have to pay taxes
3 on.
4 I would like to make one point

5 MR. KAHN:
On the record he has already
6
testified that he has lost business opportunities for
7 investment in various business ventures which have
8 resulted in lost income opportunity for him in the
9 future as well as present and past.
10
Q
How many dollars, approximately, do you feel
11
you lost already as a result of the publication of this
12
article?
13
A I don't know, but I will state this, that I
14
have one person, one of the three people who I will or will
15
not give you the names, depending on whether or not they
16
are willing to give their names up, and one of these people,
17
since the article, refused, changed his mind with regard to
18
investing $100,000 in a magazine. That is a substantial
19
sum of money.
20
Q What is the name of the magazine you proposed?
A OUTLAW.

21
Q Is that about criminal business?
22
A Yes, .of course. · It is about those outside the
23
law.
24
25
Q Did you discuss these losses and your various
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2 busines s los ses and lost oppo rtuniti es with your attorney
3 prior to today?
4 MR. KAHN :
I am going to object to tha t
5
on the grounds t hat is a confidential matter. That
6
is not subject to y our disclosure . I wi ll ob j ec t t o
7 any line of questioning that has to do with what he
8 has discussed with his attorney , a s I am sure you
9
would.
10
Q I believe you t old us you are a part owner of
11
a company that owns a boat; is that correct?
12
A 'That's correct .
T4
13
Q You are aware, I assume , your complaint s t   t e ~
14
in paragraph 6 that you were the sole owner of a boati ng
15
and yachting business?
16
A Does it s ay that?
17
Q Which is correct?
18
A That i s correct , I own more than one boat.
19
Q How many boats ?
20
A The company I own, solely owns a boat in Ne w
21
York. Okay ?
Q Ri ght .
22
A I own a s mal l piece of anoth er company tha t owns
23
another boat in the Caribbean. The company that owns the
24
boat in New York is called Picare sque .
25
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Q Is that the ear bus iness?
3 A But it also owns a boat .
4 Q Does the ear business use the boat?
-
5 A No.
6
Q Where is the boat in the Caribbean?
7 A I told you I won ' t tell you that.
8 Q Do you own any pieces of any other boating
9
businesses?
10
A No.
11
Q How much money did Pi caresque make in its boat-
12
ing bus iness i n 1 977, 1978?
13
A Picaresque only came into business in 1978 and
14
it has not earned any money off its boating ve nture.
15
Q What about the other boating bus ine ss in the
16
Caribbean that you don 't want to discus s the l ocation o f ~
17
how much has that made?
18
A The company?
19
Q Yes.
20
A I don't know . Maybe the company made f ifty
21
thous and last year b ut I onl y own a s mall piece of that
22
company .
Q You didn ' t de rive a ny income from that ?
23
A Ye s , a f ew do l lars , but I don ' t know how much.
24
Q Not much?
25
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A Not much . Again, we are back to the ques tion
3 of what my f inances are , which could go to the Internal
4 Revenue Service and therefore , I don ' t want t o do that
5 and I don ' t want t o lie, but - -
6 Q
I understand your position , but when it says
7 in paragraph 6 you were the owner a nd successful operator
8 of a boating a nd yachting busi nes s , does that refer to t he
9 business which made no money or the bus iness whi c h made
10
some money? · Which bus ine ss doe s that refer to that wa s
11
success ful?
12
A If I am the sole owner, that is the business
1
13
that is the successful business . That would have to be
14
Pi caresque of New York .
15
Q That made no money from the boating business?
16
A -That's right .
17
Q
Do you contend the a llegation in paragraph 6
18
t hat you were the successful operator of thi s business is
19
meant to read t hat in fac t it wa s a money-making business ?
A
20
No . The word " success ful" does not mean money-
21
making.
Q What doe s it mean?
22
A It means if is not unsucces sfu l .
It is in
23
busines s and it is operating a nd it is a success .
I cer -
24
tainly don't want to deal wi th the t erms or the def inition
25
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1 5 PARK ROW, N .Y. 10038 PHONES' 349-3108-9
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2 of the term " succe ss," b ut suc cess is onlv connoted by
3 most l awyer s as being monetary . A sucGessful person is
4 not necessarily a wealthy person.
5 Q In paragraph 7 of your complaint it says you
6 had a good reputat ion for t r uthfulness , worthiness and
7 good character. Which group of peopl e held that opinion
8 of you?
9
A Outl aws .
10
Q So you mean , when you say a mong your fri ends
11
and business associates , in paragraph 7 , you mean other
12
people involved in violating the marijuana law previous l y
13
held you in high e steem?
14
A That is corre ct .
15
Q Are you talking about anybody e l s e ?
16
A I ' m talking about people outside . of t hat, a s
17
we l l.
18
Q
Who are t he peopl e that he ld this opinion of
19
you?
20
]'\ Outside t h e mari juana bus i ness1
Q
Inside or outs ide , would you tell us who it is
21
that you believe fe lt you h ad a good reputation for truth-
22
fulness , worthiness and good character?
23
A Almost everyone I knew.
24
Q Most of the people you knew were in t he
25
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2 marijuana business, I guess; is that true?
3
A No, not most of them. I would say --
4
Q
l"lhat you are really complaining about in this

5 case is the loss of faith of the people in the marijuana
6 business who previously believed you were an honest out-
7 law and came to believe, through the article
8
A
That is only part of it. The other part is
9
the people that come in contact with me on an every day
10
basis . I want it clear that no matter what my complaint
11
says, my complaint was drawn by my attorney.
12
Q Do you agree with it? Is it true?
13
A Yes, it is true but it is not the main thrust
of my argument. The main thrust of my argument is this
15
man maliciously called me a government informant and the
16
society in which we live, a government informant is a man
17
who puts another man in prison for himself and is looked
18
upon as a piranha, and that is the thrust of my argument
19
here. All the rest of it, you are just killing time here
20
by David Michaels going through the garbage. You are going

21
through sheer nugatory verbiage in an attempt to maybe
justify your fee, I don't know, but whatever the point is,
22
you are not touching on any of the real things. The real
23
thing is this man maliciously attempted to hurt me in print
24
25
and he did so with lies and that is what I am fighting. He
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tells me I have to show financial danages.
3 Q
You are referring to your attorney?
4 A
My attorney tells me I have to show financial

5
damages. I am saying that may be the case, but as things
6 stand, it is difficult for me to show financial damages,
7 but it is going to be very easy for me t.o show I was
8 damaged socially.
9
Q
In fact, isn't it impossible for you to show
10 financial damage?
11
MR. KAHN: Objection.
12
A
It's very easy for me to show financial damage
13 with the magazine venture. I have one person, if he is
14
willing to let me use his name, willing to step forth in
15
this case, one person who is willing to state that two days
r
16
after this article appeared in The Village Voice, he called
17
me up and told me, "Hey, Chic, forget it."
18
Q So what you are telling us is in fact that you
19
may or may not be able to show financial damages, but your
20
real concern is

21
22
MR. KAHN: Objection. He already stated
he can show financial damages.
23
A The prime thrust is not financial damage. The
24
prime thrust of my case is I have been damaged on a social
25
level and maliciously, through liable, so we can save a lot
BLITZ REPORTING CO.
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2 of time. My case is, this is what I assume discovery is
3 all about, and taking a deposition for discovery is to
4 find out what I am stating. My case against Weberman, my
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
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22
23
24
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case against Weberman is simply I stopped selling him
marijuana.
I sold Weberman marijuana for resale and sold
it to him in quantities for resale and I stopped selling
him marijuana for resale in quantity and therefore, he
maliciously attacked me in a newspaper and deliberately
lied and maliciously attacked me in this publication and
I have been damaged by that on a social level as well as
a financial level.
Q
Isn't it true that most of the financial losses
you are claiming are losses to your marijuana business?
A I don't want to say most or least or anything.
I am saying I have been hurt in the marijuana business and
I have also been hurt in the magazine business and also
been hurt in the opal business and I am stating that is
what is going on here. I don't want to play any games.
To continue what I am trying to say, Mr.
Michaels, is I feel you are putting up a smoke screen. At
this point, what we are dealing with is the fact that I have
been damaged. My contention is I have been damaged malici-
ously by A. J. Weberman, socially primarily and business
secondarily.
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2 Do you want to deal with it based on that
3 open and honest statement?
4 Q
I will deal with the questions. You deal with

5
the answers and that is the format for today, if that is
6 all right with you.
7 A Right on.
8 Q
I want to show you an exhibit attached to your
9 plaintiff's complaint in this action, that being a photo-
10 copy of The Village Voice concerning an article. My ques-
11
tion is whether this in fact is the article you are com-
12
plaining about?
13
A Yes, that is it.
14
Q Does it say within that article that you were
15
a DEA informant?
16
A I believe the words·are "high level EDA ... "
17
MR. KAHN: I object to any questions with-
18
out showing him a copy of the article, so we know what
19
you are talking about.
20
A That's the article. Now, it's right here.
21
Go ahead, what is your question?
22
Q It says within the article you were a DEA in-
formant?
23
24
A No, it doesn't. It says based on the testimony
25
of Chic Eder, a high level informant.
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Q Were you or were you not in the limite d work
with tha t agency , which you have described to us , a high
level informant ?
A Aga in , at such time as you question a DEA agent
with regard t o what t heir levels are , you might be able to
ascertai n whethe r it is a high level or low level. Okay?
Q Did you not tell us before that security of
their personnel and their information was a very import a nt
priority for that agency?
A Yes, I stated that the only two things they
were more concerned with than arrest and conviction .we re
those two factors . Again, a s to whether it is a high l evel
DEA infor man t , I a m not arguing the point. I did do busi-
ness with the Drug Enforcement Administration and I am not
arguing that point at all .
;"'-
Q You   in fact?
A Of cours e I have . The point is , now, the point
you are belaboring is high l eve l . I have a nswered the ques-
tion that I c a nnot state what l evel I was . V0 u will h ave
to ask the DEA. Okay?
Q Fine. Yvhere in that articl e do you find an
a llegation that you received financial rewards for informing
on Tom Forcade? Would you poi n t out the place in that
article wh ere it is stated and i mplie d ?
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2
A It states it negatively. There is an inference.
3 By use of informant, there is inferred in that the fact of
4 payment by the government.
•·
5
Q In fact, monetary payment? In fact, when you
6 were a DEA informant, what you received by way of considera-
7 tion was your release from jail; is that not true?
8
A That is not true. What I received was a quash-
9 ing of a case against me.
10
Q ~   t financial reward?
11
A Not financial.
12
Q
In fact, you know informants are also rewarded
13
in nonfinancial ways?
14
A No question about it. l\That we are stating,
15
again, is inferred in that is the payment from the govern-
ment.
16
17
Q Simply by use of the word "informant"?
18
A Yes. It is my contention that is inferred by ·
19
a greater number of people.
20
Q In fact, you never gave the government any
false information on Tom Forcade because you never gave

21
them any information on Tom Forcade; is that correct?
22
A That's correct.
23
24
25
Q Where in that article do you find any inference
that you gave any false information against Tom Forcade?
I
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Eder
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2
A Excuse me. Le t me try this aga in .
3 Aga in, you are getting cute, and I am not
4 talking about your face . It says h ere in 1977 a Fe dera l
5 grand jur y in Brooklyn b egan a n investigation c o nc erning
6
Tom Forcade . That part of it ; that is a quote and that
7 part of it has nothing to do with me , w ~   t h   r the y started
8 a n investigation or not is not none of my business .
9 Q Do you know whether that is true?
10
A No , I don 't know whether that is true . The
11
ne xt part says, " Based on testimony of Chic Eder ..• ", I
12
am not sure of the l egal definition of legal testimony
13
but I know wha t pe ople believe testimony is and testimony
14
is that you s wear or you give informa tion against some-
I
15
body. You testify agains t someone and I am stating that
16
categorical ly, at no time have I ever testified fo r ·a
17
grand jury in New York or for that matter , t o the best of
18
my knowl e dge , anywhere . Okay? So that is my contention.
19
You are trying to deal with a high level DEA informa nt and
20
I want to d e a l with t he crux of the case , which is based o n
-
21
the testimony of Chic Eder .
22
You' re s tating -- I'm saying in court - - I want
23
t o state in court that Weberman has said that I have given
24
testimony in a Brookl yn Federal grand jury in 1977 and I
25
am stating that is the basis of my case , that I ha ve not
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2 given testimony against Forcade or anybody else or any
3 grand jury or any other place. So if you want to -- My
4 question to you is, have we dealt with high level DEA in-

5 formant?
6
Q My question to you, sir, is whether the allega-
7 tion of paragraph 10 (b) of your complaint is true? That
8 allegation says the article included, at least by the
9
understanding of a reader, that you laid a false charge.
10
So I am asking you where in the article do you find any
11
allegation of falsity?
12
MR. KAHN: Excuse me --
13
A I did not give any testimony, so we may have
l4 made an error in that with regard to false testimony. I
15
haven't given any testimony.
16
MR. KAHN: You are asking Mr. Eder to
17
address certain things
18
MR. MICHAELS: I am asking if his com-
19
plaint is true and --
20
MR. KAHN: I think his answer is yes.
Off the record .

21
(Discussion off the record.)
22
MR. MICHAELS: Back on the record.
23
Q Paragraph lO(b) of the complaint says that the
24
25
reasonable inference from the article you are complaining
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Eder
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about was that you laid a f als e infor ma tion
3 Forcade . Is that your position today or is it your pos i-
4 tion t hat the inference here that you are compl aining of ,
5
that you gave any informa tion, true or fal s e - -
6
A It should be both .
7 Q Where do you find any inference f r om the
8 ar ticle that you gave false information?
9
A I don't .
10
Q I'm sorry?
11
A But I think my attorney does.
12
Off the r e cord .
13
( Discussion off the record.)
14
MR. KAHN : Back on the record .
15
A I don ' t know what is go ing on , whet he r it
16
should be fals·e informat ion , using the term as he is
17
using it and information as opposed to a n in<lictment i n
18
a criminal proceeding . I don ' t know whe the r he is doing
19
that .
20
MR. I<AHN : I am indicating 'i:he term us e d
e
21
22
in those two paragraphs, lO(b) and (c), are used as
a term of art to describe a l egal proceedi ng i nvolv-
23
ing an investi gation , and he is no t qual i fied to
discuss it as a term of art .
24
MR. MICHAELS : Is the word " f a l se " a term
25
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2 of art?
3
MR. KAHN: Yes, the word ''false,'' in
4
connection with the criminal information, is a term

5 of art.
6
MR. MICHAELS: What do you define that
7
to mean, for the purposes of subparagraph lO(b)?
8 MR. Y-AHN: I am suggesting that means
9
that the inferences from this article are that he
10
went to a grand jury and stimulated an information
11
of Forcade for some criminal activity for which the
12
grand jury was sitting; and the implication through-
13
out the article was that any charges he might have
14
leveled against Forcade would have been false and
15
therefore he placed a false information against
16
Forcade.
17
MR. MICHAELS: Where in the article do
18
you find the.basis for the inferences? What word
19
suggests falsity?
20
MR. KAHN: The entire paragraph in which

21
that statement appears .
Off the record.
22
(Discussion off the record.)
23
THE WITNESS: On the record. My con-
24
tention is that I have at no time testified against
25
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Eder
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2
Forcade in anything much less than a Brooklyn grand
3 jury. My attorney may or may not be mistaken in the
4 use of the term "false." It has nothing to do with

5
my complaint. My complaint is, I did not testify at
6
all and he has claimed that I have testified and that
7 is where the falseness lies, as far as I am concerned.
8 BY MR. MICHAELS:
9 Q Your complaint says in paragraph lO(d), your
10
complaint includes a statement that the article you complain
11
about has, as one of its reasonable inferences for the
12
average reader, that you were responsible for causing an
13
airplane crash in which one Jack Combs
14
A It doesn't say that in the article. There is
15
just a Jack, not Combs. At that time, my contention is,
16
Mr. Weberman did· not know the last name. He certainly
17
didn't know where Jack crashed.
18
Q When you say in your complaint that the article
19
that you are complaining about says that you caused the
20
plane crash, I am asking where in the article do you find

21
that?
22
A It is implied.
MR. KAHN: I will answer that for him
23
24
because the article itself is ripe with inferences.
25
Tom Forcade was the object of various forms of
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2
government harassment and persecution and all aspects
3
of government that had anything to do with the law
4 enforcement and linking Mr. Eder's name to the EDA,
5 in the sense he was allegedly responsible for in-
6 stituting an investigation in testifying against
7
him, Mr. Forcade, at the grand jury and linking his
8
association to the DEA, to the insertion of the
9
article that Tom told Mr. Weberman that he believed
10
the DEA Special Operations Division may have sabotaged
11
Jack's aircraft, would suggest to an average reader,
12
reading the entire article fairly, that Mr. Eder was
13
somehow tied into this and responsible for this.
14
Q The Jack is Jack someone else?
15
A Ask him. I didn't write the article, he did.
16
Q Did you ever have any contact with DEA's Special
17
Operations Division?
18
A No, I have never had any contact, except with
19
one person in DEA.
20
Q Who is that?

21
A I don't remember his name but I certainly will
call the DEA and find out about it before the case closes.
22
Do you know?
23
Q You mean to say you gave --
24
A His name is Don. One primary person with whom
25
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2 I dealt was Don.
3 Q There are other people you dealt with?
4
A
There are other people in the room, I suppose,
5
at various times the discussions went down, but I was only
6 doing business with one guy.
7 Q Doing business was the arrangement with regard
8 to their telephone security and computer security?
9
A No.
Computer security. 'rhe other had nothing
10 to do with that agency.
11
Q
Had to do with another agency?
12
A The Federal Bureau of Investigation.
13
Q Whom did you deal with there?
14
A Tom, on the West Coast.
15
Q Do you know his name?
16
A Yes. Tom.
17
Q
Do you know his last name?
18
A No, but I have it written down somewhere.
19
Q
Would-you be willing to disclose that to us?
20
A Undoubtedly, since I am probably going to ask

21
the man to testify .
22
Q Where do you find, in the article you are com-
23
plaining about, any allegation that you caused Mr. Forcade's
death?
24
A
25 .
Let me put it this 1·ray: I don't need a la1·.'Yer
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for that.
Going on beyond this, I will start at the be-
3 ginning of the paragraph and this is one paragraph.
4 "In 1977, a Federal grand jury in Brooklyn began
5
an investigation concerning Tom Forcade, based on the tes-
6 timony of Chic Eder, a high level DEA, who has been charac-
7 terized as Mr. Marijuana in several magazine articles." The
3 very next sentence, "The pressure began to build and Tom
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
started going into periods of extreme depression.
He would
assume a fetal position, cover himself with a sheet, and
remain like that for days."
It goes on to state he at one point,'' he took
an overdose of Qualudes and stumbled over to Gabriel Schang'
apartment where he collapsed. Gabriel and her friend,.
Jim Turgus, who worked in Tom's book store across from
Gabriel's apartment, took him to Bellevue where his
stomach was pumped. "
This is stated in one paragraph. That my
testimony -- I am reading from this paragraph that my
testimony was in fact directly responsible for Tom's
death .
Q That is the paragraph that you find leads the
reader to believe you were directly responsible for his
death?.
A That is correct.
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Q Paragraph 17, you state that you were injured
3 t o the sum of $1 million .
4 How do you compute t hat?
5 A Because I assume the o ne hundre d t housand that
6
fellow wa s will ing to p ut into my magazine would have made
7 a t l east $1 million by the end of the year.
8 Q
That is the basis for tha t ca l cul ation?
9
A Tha t's ri ght.
10
Q What makes you think that Mr . Ryan,· Mis s
11
Partridge, Mr. Mu rdoch and The Village Voi ce , Inc. were
12 solely motivated by animosi ty and hatre d fo r you? Para-
13 graph 21.
14
A We ll, I a m not saying that. I don't know what
15 my lawyer wrote h ere. My statement is - -
16
MR. KAHN : Off the record.
17
(Discuss ion off the r e cord .)
18
.MR . I<AHN : Back on the record.
19
A My statement is that A. J . Weberman was
20
motivated by animosity a nd hatred for the p l ainti ff a nd
21
I f eel the o t he r defendants in the c ase had , the other
22
defendants in the c ase did not ch eck the veracity of A. J.
23
Weberman's story and they have, based o n A. J. Weberrna n's
24
repu tation in the world of journalis m or in t he l iterary
25
world and on certain other things that are widely known
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2
Eder
regard to his ~  
in the publishing industry, with
3 and with regard to his journalistic credibility, they
4 should have checked A. J. Weberman extremely close before

5 printing anything that A. J. Weberman might have submitted.
6 Q
Would you now withdraw the allegation of para-
7 graph 21 that the other defendants, The Village Voice, Inc.,
8 Ryan and Partridge and Murdoch were solely motivated by
9 animosity and hatred for you and their sole purpose for
10
publishing was to injure you and cause distress?
11
MR. KAHN: The response to the question
12
is no.
13
Off the record.
14
(Discussion off the record.)
15
MR. MICHAELS: Back on the record.
16
Q Whether in fact the allegation of paragraph 21
17
of the· complaint is tended to relate only to the defendant
18
Weberman or whether you wou].d amend it to delete the
19
allegation of malicious animosity and hatred presented by
20
the other defendants, that is the question.

21
22
A Yes, I would like to amend my statement.
Q You mean the complaint?
23
A Amend this complaint so paragraph 21 only deals
with the defendant Weberman in this case. I'm sorry, there
24
is an error in this case and the error is mine for not
25
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Eder
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having properly communicated this to my a ttorney.
3
think Weberman acted in this manner.
4
I feel in paragraph 22 --
5
MR. KAHN: Off the record.
6
(Discussion off the record.)
7
MR KAHN: On the record.
8
THE WITNESS: There seems to
9
be a lack of communication on my part with my
10
att orney.
11
On paragraph 21, I do not honestly
12
believe that the defendants were solely motivated
13
by malicious animosity and hatred.
14
I believe A. J. We be rman is t he s ingle
15 defendant who was motivated by malicious animosity
16 a nd hatred. The rest of paragraph 21 should only
17 read A . . J. Weberrnan. I don't honest ly be lieve there
18 was a ny conspiracy afoot,
19 I don't think Weberrnan went to these
20 people at The Vill age Voice and said,
11
Let 's get
21 Chic Eder." And I think he went to The Village
22
Voice and sold them on this article and happened
23
to get them to go along with his program to
24
maliciously get me in print.
25
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2
My argument is at this point that I would
3 like to make a statement for .the record, on paragraph
4 21: It is only A. J. Weberman whose motivation was

5 this.
6
On paragraph 22, I am going to ask my
7 attorney, on paragraphs 22 and 23, to delete the
8 conspiracy simply because I don't believe a con-
9
spiracy did in fact exist.
10
My attorney is concerned with the fact
11
that I say this on the record and that some judge
12
might look at that and say that if he is so willing
13
to amend, 1·1ha t is going on here. What is going on
14
here is the mistake is mine. I allowed this to go
15
into the court in this manner, without having read
16
it. I don't believe 22 and 23 are valid. My attorney
17
did at that time. Since we went in the other room
18
and discussed it, I don't. He still feels there may
19
have been something in that area, but I feel if I
20
leave this complaint as it stands, Mr. Michaels,

21
22
being a lawyer, will make a big issue out of this
rather than what the real issue is. lve gave him an
issue that allows it to be clouded. I don't want to
23
24
deal with that. I want to change paragraph 21 to
25
read solely A. J. Weberman and 22 and 23 I want to
I
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delete. That is all I am saying.
\
3
Q
It may be somewhat irregular, so let me commend
4 you for answering candidly .and for allowing us to clarify

5 this.
6
When I previously inquired to your attorney
7 what the complaint was about, he told me he was unwilling
8 to answer the question and that we would have to wait until
9
today to find out.
10
I commend you that when it was brought to your
11
attention, that you correct it so we can concentrate on
12
the real issue.
13
A I don't want to cloud the real case with a
l
l4 false case.
15
Q
On paragraph 24 it states you sustained actual
16
damages of a million dollars ask for a quarter of a million
17
in punitive damages because of the conspiracy between A. J.
18
h'eberman and The Village Voice and.the other defendants.
19
Would it be your statement that in fact para-
20
graph 24 therefore would have to be amended also?

21
A Paragraph 24 has nothing to do with the con-
22
spiracy.
23
Q Is that the same $1 million you were telling
us about before that you hoped and expected would be pro-
24
25
duced from the $100,000 through the publishing?
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2 A
No, this is injury a nd damage .
3
Q
How did you compute the $1 mi llion in paragraph
4 24 ?
5 A
One mil l ion is based on the million I would
6 have made with t h e magazine, and the o the r one is d amages.
7 That is wha t we are t alking about in pa ragraph 24 .
8 Q
Excuse me , I am not clear about wha t your
9
answer is .
10
The mi llion dollars that are asked .for ~  
11
paragraph 17 you have told us was money you would have
12
hoped to make f rom a magazi ne venture wh ich was effecti vely
13
killed by the publication of this article?
14
A That's correct .
15
Q The million dollars on paragraph 24 , what
16
million dolla rs is it that you a ctually los t thers; is it
17
the same?
18
A
There are two mill ions o n paragraph 24.
19
Q
I am talking about the actual damage allegation ,
20
not t he punitive alle0ation .
21
A The first actual l y was the millio n dollars I
22
assumed I would h ave made with the magazine and not lost
the $100 , 000 investor .
23
24
Q That is for paragraph 17 or 24 or are they t he
25
s ame? I am trying to clarify if it is the same million
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dollars or a different damage you sustained?
A The same one. l
4
MR. KAHN : Off the record .
5
(Di scuss ion off the record . )
6
MR. MICHAELS :   a ~ k on the record.
7 Q
In line with what you have told us to clarify
8 the accuracy of the complaint, would I be correct in be-
9 lieving you would also wish to make certain changes within
10
paragraph 6 which charges that each of the defendants did
11
unlawfully plan, plot and conspire between themselves to
12
publish false, liable and defamatory stateme nts? Is it
13 each of the defendants that unlawfully conspire d to do
14
that or only Mr . Weberman?
15
A Paragraph 6?
16
Q Twenty-six , I am sorry.
17
A
Twenty-six . I think 26 has to remain .
18
MR. KAHN: Off the record .
19
(Discussion off the record . )
20
MR. KAHN : On the record .
21
The answer to the question is no .
'
22
A We do not wish to change it for this rea son .
Tell him t he reason.
23
24
25
MR . KAHN: Because our present bel ief
is that the defendants did plan to publi s h and did
I
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2 in fact publish, in The Village Voice, the false,
3
malicious statement.
4
Q
Referring again to paragraph 26; is it your

5 belief that each of the other defendants conspired bet1veen
6 themselves to intentionally publish false information?
7
A If you are asking me whether I believe they
s sat down with A. J. Weberman and said, "Let's go get this
9 guy," if I believed that, I thought
10
Q ·You do believe the word "conspiracy" in para-
11
graph 26?
12
A However, if my attorney said, if they sat down
13
with Weberman and talked with Weberman in regard to this
14
and checked it and did not check it that is a lawyer's
15
argument and I will let the lawyers argue. My point is --
16
I want it clear. This is my deposition here -- I feel the
17
other defendants I feel A. J. Weberman has maliciously
18
attempted to attack me in this situation and these people
19
either actively
20
Q You mean the other defendants?

21
22
A The other defendants in the case either
actively or passively conspired to go along with his pro-
gram, to allow --
l
23
Q Are you claiming they knew the information was
24
false or.they   check they should have?
25
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.e
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Eder
r;; 6·)
~   /
A What I am saying here
-- Off the record.
(Discussion off the record . )
MR. MICHAELS: Back on the r ecord.
Q Ar e you claiming that The Village Voice con-
spired to
MR. KAHN: The claim is - -
MR. MICHAELS: Unl e ss you are going on
under oath , I have to ask the witness .
A I can ' t say under oath I know they cons pire d
in the s e nse of the word. I know they conspire d t o be --
What I am s a ying is, my fee ling inhere nt in this para graph
26 is the fact that they did publish this information and
if they didn't know that it was fal s e, they should have
known it was false so they s hould at l east , s hould have
checked it prior to having it published.
Q Thank you.
A Next?
Q i·mere do you find in the article publishe d by
The Vill age Voice that t his whole c ase conce rns -- ~ v h e r e
do you firid t he s tate me nt or implica tion t hat you committed
perjury b e fore a g rand jury, a s all eged in Ar ticle 28?
A I don't find that .
Q Whe re do you find the allegation that you con-
s pired to murder Forcade's fri e nd J a ck?
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2 A
I think t hat is inherent in the re. We have
I
3 answered that question.
4
5
6
Q Wh ere do you find the a llegation that you
con-
spired to commit a burglary at Forcade ' s a partment?
A Same thing .
I
7 Q Where do you find in this articl e a ny accusa-
8 tion that you committed any crime?
9 Paragraph 29 of t he complaint refers to a n
10
al l egation within the article of your criminal conduct a nd
11
I am asking you what words in the article seem to you to
12
be indicative of an accusation that you committed a c r ime?
13
A
That is inherent in there, when he is talking
14
about me a s being Mr . -- First of all, I see it.
I can
15
agr ee with that . As soon as he talks about me bei ng Mr .
16
Marij ua na , the magazine article , with regard to that , dealt
17
with that criminal conduct.
18
Q In other words , the criminal conduct p h rase
19
within paragraph 29 refers to marijuana ve ntures and not
20
t o a ny allegation in the story that you committe d a perjury
21
before a grand jury, c a used the cra s h of an airplane,
22
murder or burglary or anything else?
MR. KAHN : Off the r e cord .
23
(Discus sion off the record .)
24
A On the record. It states in this a rticle that -
25
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2 The article puts me and the DEA as synonymous . The
3 article further states that Weberman believed the DEA
4 burgled Forcade's apartment and the DEA cause d the d e ath
5 of J ack. So if I am, in fact, if I am seen as being part
6 of the DEA, then the inference is I also was part of that.
7 Q Where it says in paragraph 29 tha t the accusa-
8 tions of criminal conduct that you infer from t he art icle
9 were published by the defe ndants -- I believe the word
10 should · read "malice," in that they we re publi shed with
11
  of their falsity or serious doubts as to their
12
truth . Do you intend to allege that The Village Voice,
13 Ryan, Murdoch and Partridge h ave actual malice a nd knew
14
the statements were false or had serious doubts as to
15
their truth?
16
A
Yes , I mean that p a rt. Yes , that is definite .
17
Q As a result of this article you claim in para-
18
graph 30 that you were held up a nd expos ed to p ublic con-
19
tempt.
20
Are you speaking about the a r ticle itself or
21
about some other expos ure to public contempt and scorn and
ridicule that resulte d from the article?
22
23
A That is what I am talking ahout .
24
Q Do you me an by this article or by something
25
else that resulted from the article?
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2 A
I don ' t know what you are t alking about.
3
Q I will rephrase the que stion.
4 Were you saying in paragraph 30 that you were
5 held up a n d e xposed t o public contempt , scorn and r i d icule ?
6 Do you mean by the publicat i on of this article or do you
7 mean t he publication of this article caused some other
8 humiliating event to occur and caused p eople to scorn and
9 condemn you?
10
A
The l atter. The publication of the arti cle
11
caused it.
12
Q From whom did cont empt and scorn and ridicule
13
come?
14
A My contemporaries ; my peers .
15
Q Was the re any particular person that expressed
16
scorn, contempt and r i dicul e , b e s ides the ones you h ave
17
already told us abo ut ?
18
A Numerous people . Enough s o this is a val id
19
paragraph. Maybe ten, f i ft e e n, twenty p e ople .
20
Q Could you give us the n a mes that e xpre s sed that ?
21
A Here in New York City?
22
Q Anywh e re .
A
23
Yes . I can give you names right away , without
any troubl e. Char l es B. Klein, Mr . John Farrell , Carol
24
25
Tacher , and given time , I wi ll come up wi th a list of the s e
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2 people. At t he time of our trial , we wil l   a nd
3 put t h ese people on the stand a nd you will be a ble to
4 cross exami ne them, Mr. Michaels .
5 Q In the same paragraph you c laim you suffered
6 grave and i rreputab le injury a nd s uffered great emotional
7 distress and anguish.
8 Can you t e ll us to what extent you have s u ffered
9
A Wel l, y e s .
I don't have any scale for psychic
10
· da mage.
11
Q Have you found it necessary t o see medi cal
12
or psychiatric t reatment?
13
A No.
14
Q You are   the n about the injury to your
15
feelings?
16
A My emotions . Emotional dist.res s ano anguish.
17
That paragraph stands.
18
Q
'l'he grave a nd irreputable injury to your pro-
19
fess iona l houor that you speak of in that paragraph, is
20
t hat i n your profession as a n outlaw?
21
A In my profession a s a n outlaw and would-be
22
maga zine publ ication, as well as any other ventures I mi ght
be in.
23
Q Paragraph 31 , again , asks for $1 mi llion in
24
25
actual damages a nd a f urther million in punitive damages .
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2 Is that the same million dollars that you l ost or is this
3 a n allegation that you lost a n addit ional million?
4
A
One million is fine with me .
5
Q It is the same million dollars?
6
A Yes.
7
Q Fine . Para graph 36 again claims $1 mi llio n
8
in actual damages a nd $1 million in puni tive damages .
9
Is it the same million that we have a lready
10
heard about ?
11
A
Are we padding this bill? Because if we a re,
12
thi s bill is a million. Do we have to? It is the s ame
13
mi llion.
14
Q At paragraph 38 where you state that the de-
15
fendants acted in a vicious, malicious and intentional
16
manner wi t h the sole purpose of injur ing you, did you mean
17
that to apply to all defe ndant s or only defendant Weberman ?
18
A
I thi nk f or the time being we will let it apply
19
to all defendants until such time -- we will al l ow that
20
because I think that might have been vicious, malicious
21
and intenti ona l , since my beli e f i s they didn ' t have t o
al l ow t hat to be printed and by a llowing that to be printed,
22
they acted in a vicious and malicious and intent ional
23
manne r .
24
Q In paragraph 39, where you request punitive
25
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2 damages in the amount of $3 mil lion , is that duplication
3 of the previous claims for money or is that a separate
4 claim?
5 MR. KAIIN : That is a separate claim.
6
A
That is a separate claim, my lawyer says.
7
Q How was that figure computed?
8
MR. KAHN : Do you want it on t he record?
9
MR. MICHAELS: Yes .
10
MR. KAHN: The fi gure for puniti ve
11
damages does n't have to be computed .
12
Q Mr . Eder, have you given various interviews
13
to reporters concerni ng your history as a n outlaw?
14
A Yes.
15
Q Have you done that with the knowledge that it
16
would result in publication of that . history?
A Yes .
17
18
Q In fact , haven 't you sought the title and
19
identified yourself as Mr . Marijuana?
20
A No , I h ave not identified myself as Mr .
Marijuana .
21
Q Have you ever been called that in print that
22
you know of?
23
A Yes, I have been called ~ l   t in print.
24
Q Were you called that in print by reporters that
25
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2 yo u h a d given informat i o n to vo luntar ily ?
3
A
No. I don't be lieve s o, unless Goldma n may
4 have called me that at some time, but I don't think s o.
5 Q
You have appeare d o n t he front page of New
6 York Magazine?
7 A I was a cover boy.
8 Q Isn't it true your reputation a s a n outlaw
9 produced publicity you felt was bene ficial to you?
10
A Mos t definitely .
11
Q Isn't it true you have admitted many times ,
12
fo r publ ication, your involvement as a n out law in marijuana
13
smuggling v e ntures?
14
A No, that is not t r ue.
15
Q You have spoken out about your f eeling s about
16
the marij uana l aws for publication purposes ?
17
A Most definitely.
18
Q You have done s o with t h e i dea of h e lping to
19
influence the public to take a more rational view with re-
20
gard to the l aw; i s n't t h a t correct?
21
A I will agree with that -.
22
Q Did you ever sell phone fraud d e vice s?
A Yes.
23
Q How many times ?
24
25
A How many times did I sel l them?
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2 Q
Yes .
3
4
A Twenty, fifty . Fifty is a good figure , a p-
proximately.
J
5
Q Did y ou ever warn smuggl ers about Coast Guard
6 inves tigations in order t o help them evade capture ?
7
A That's correct.
8 Q How many t i mes ?
9
A
Every time I ever got the information.
10
Q How many times might that be , approximately?
11
A At l east t e n.
12
Q
Is it true you were n amed and i ndicted as co-
13 conspirator in a recent a rrest of approximately t e n persons
14
in New J ersey on drug charges?
15
A That is not true , to my knowl e dge .
16
Q Have you ever been named and indicted as co-
17
conspirator i n any indictment you know of?
18
A No . May I ask the l ocation in Ne w Jersey?
19
Q Le t's l eave the point for a moment.
20
In fact , in the various times you have spoken
21
to reporters or spoken with the knowl e dge that your words
22
might be publishe d, h aven ' t y ou sou ght to make yourself
23
a public fi gure on the marijuana i ssue?
A No , it just happened that way .
24
25
Q Haven't you sought to make yourself known a s
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2 a n impor tant person in t h e ma r ijua na hus incsses ?
3
A No . In f a ct, I do just the oppos ite. In
4
bo t h a r ticle s that were writte n in NEW YORK MAGAZINE , the
·e
5 exa ct oppos ite of t hat.
6 Q Can you explain what you me an?
7
A Don't have t o . Yo u as ked me a   a nd
8
I ans we red your ques tion . I intended to do t he o ppos ite .
9
The big man is like o ne of the big money g uys. The f irst
10
article a bout New York, we jus t de alt with the New York
11
dope scene on a s mRll l e vel. On the s e cond l evel, we
12
d e alt with s muggling from Col o mbia . It wa s r e ally a n
13
a rticle a bout how ine pt we were in that. I b e lie v e j ust
14
the o pposit e would be the cas e .
15
Q Would you object if any attorney , who f o rmally
16
repr esente d you , had informed that you in fact h a d b e e n a
17
DEA informant? Would you object to that b e ing reve al ed?
18
A Ye s , I would .
19
Q Would y ou a llow de f e ndant Weberman to o btain
20
a ny gover nme nt r ecords t hat may whi c h ma y conce rn
a ny a ctivitie s you might h ave had a s a DEA infor mant?
21
A I will not allow him t he time of day. Ge t it
22
in t he r e cord. Any thing I c a n do towa rd h e l p ing A. J.
23
Webe r man, I will c onsciously avoid doing tha t.
24
Anything e lse?
25
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2
Q
Who represents you in the marijuana conviction
3
which is now on appeal?
4
A Joel -- I'm sorry, I don't remember the guy's
5
last name. I am very bad on last names. It took me three
6
months -- Joel begins with an H.
7
Q Is he associated in any way that you know of
8
with your present attorney?
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
MR. KAHN: Are you referring to me?
MR. MICHAELS: Yes.
MR. KAHN: The answer is no.
A I told you I can get you that. Is that an im-
portant question? Because if it is, I will make a quick
phone call and give you the name.
Q At the start of our examinations today, before
we commenced the formal examination, you told me about a
young lady who said that she --
A That is irrelevant. I am going to answer that
question.
Q I was not about to mention the name.
A You are not going to mention that fact. I am
not going to deal 1·1ith that fact.
Q You told me about a person who had been quoted
as saying they were rich -- had become rich because of their
contact with you. In fact, isn't that true, that there are
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2
many peopl e who have prospered because of their cont<tcts
3
with you ?
4 A Th ere most defi ni tely are because t hat is why
,·e s I don ' t have to worry about maki ng r ~ o r e than $100 , bec<tuse
6
there are many people who have their money today because
7
they knew me . And I introduced them to certain pe ople
8 where they probably made money in the marijuana business .
9
If tha t is the question , the answer is yes .
10
Q I am getting towards the close of the ques tions
11
I have for you.
12
Mr . Eder , you have told us about a great many
13
crimes you have committed, a t least as the law presently
14
defines the kind of behavior we have been discussing .
15
Are yo u aware that your ndmiss ions with regard
16
to those crimes might possibly be the s ubj ect of prosecu-
17
tions of you?
18
A That is right , but it certainl y is not secret
19
a s to the business that I have been in over a period of
20
t ime. I have bee n arrested on n umerous occasions on
  ~ ~
21
marijuana convictions . I have told the J;l.;ltrol Board in the
State of California that I intend to continue in the
22
marijuana game forever or at l east as long as it l asts ,
23
and I have no intention of stopping marijuana and I have
24
no bones , whatsoever -- NEW YORK MAGAZINE had a fu ll page
25
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2 illustration tha t showed the p i cture of my head with a
3 joi nt and it state d at the bottom, "Chic's the name a nd
4 smokes the game. "
5
6
7
8
Q
A
Q
A
Did you ever say that?
I say it al l the t i me .
Do you have cards printed that say that?
No , I never had cards printed that said that ,
9
but Albert Gol dman had cards printed that said that.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q Did you distribute those cards ?
A Sure .
Q I n fact, you have l e t a lot of peop le know
about these acti vities which the present law says is
criminal?
A There is no secret whatsoever . It happens
that I was two or three years ahead of everybody e l se.
Since the TIMES article two or three weeks
ag.o, with The Colombi an being the h ead articl e , a lot of
peopl e have jumped into what I have. We don 't care what
the government thinks of it . We don't t hink there is any
stigma attached to the business we are invol ved in , and
therefore we don 't care whether the government sees it a s
criminal or not . I believe you wi ll f ind your client ,
A. J. Weberman , fee l s exactly the same way.
Q There are many people who fee l that mari juana
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2
l aws shoul d be chanqed and I   a ebate you Rt this
3
time or probably under other c i rcumstances either , but
4
under t he categories of the present law, whn.t you are
e
5
seeking to protect here is your repu tation as a c apable
6
a nd honest criminal, is i t not?
7
A I object to the word " criminal. " I don ' t know
8
what t he present l aw calls for .
9
What I a m stating is , I prefer the word "outlaw"
10
be used , a s opposed t o cri minal. Other t h a n that , my
11
answer --
12
Q But the g i st of the l awsuit , p rime thrust i s
13
by saying you testified, that you instigated a prosecuti o n
14
a nd gave informat i on against Tom Forcade , tha t the d amage
15
that has been done to y ou is the difficulty and the l o sses
16
yo u have sustained as an o utlaw, a s a seller of ma rijuana
A Tha t ' s correct .
17
MR . MICHAELS : Off the r ecord.
18
19
(Di scussion off the record .)
!1R . MICHAELS: On the record .
20
Q Mr . Eder , you told us you a re s eeking a pub l i c
21
forum in which to s how t he allegations in the article about
22
you are i n fa l se ; is tha t t r ue?
23
A That ' s correct .
24
Q You are aware the governme nt usual l y s hields
25
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2 the identity of its informants and the government has a
3 policy of protecting the identity of their informants,
4 are you not?
5 A Yes.
6 Q
In seeking a public forum to discuss this
7 truth or falsity of the allegations about you in the
8 article, are you willing to waive any privilege that you
9 might conceivably have as to the protection to any iden-
10 tification you may ever have·had as an informant?
11
A
When that comes to court, when that gets into
12
court and I put witnesses on the stand, if those witnesses
13
are members of a governmental agency, investigative agency
14
such as DEA and the FBI, and those people are placed on
15
the stand as defense witnesses, then they are open for
16
cross examination and in doing that, I am putting my neck
17
on the chopping block. It is that simple; so?
18
Q Should a guestion come up --
19
A For the record, I wave nothing but the
20
American flag and I only do that on the 4th of July.

21
22
Q Are you therefore claiming the protection of
whatever government policies may exist to shield informants,
23
through the course of this lawsuit?
24
A That is a loaded question. I am not going to
25
answer that question.
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2
Q
Do you c l aim the shel ter given hy law?
3
A
That i s a l o a d e d question . You can r ephrase
4
i t e i ghteen t i mes.
It is a l oaded que stion a nd I am not
5 going t o dea l with i t.
6 Q Are . you c l aimi ng any pr i vi l ege o f the
7
A
That is a l oaded question a nd you can reph rase
8 i t anothe r seventeen t i mes , but more tha n that, you don ' t
9 get . You get seve nteen more reph rases and you wi l l get the
10
same a nswer . I t i s a loaded q uestio n .
11
MR. MICHAELS : Of f t h e record .
12.
( Discussion of f the record .)
13
A On the record .
14
Q
Mr . Eder, i f in fac t there i s some gove rnment
15
record somewhere that what Mr . Weberman sai d in the articl e
16
i s in fact true , are you i ntendi ng t o , through thi s l aws uit,
17
c l a i mi n g it i s not t r u e and us i ng that prot ection of s hi e ld-
18
i n g the name s o f real info rmants ?
19
A That l eaves you sixteen ways of rephrasing t h a t
20
question.
Again, Mr . Mi c h ael s , that is a loaded que stion
21
and as such , I am not goi n g to deal with that questi o n a t
22
this poi nt . So agai n , you h ave s i xteen more rephrases .
23
For t he record , it is now a quarter t o six. We
24
have been h ere since two o' c l ock .
25
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1 5 PARK R O W, N .Y. 10038 PHO NES' 349- 3 108-9
1 Eder
112
2
Q Do you have any concern there mi ght be any
3 governmental files anywhere that might say you are their
4 governmental informant?

5 A Obviously, since an informant is the one that
6 gives up informat ion, regardless of the connotation of the
7
society, since I have given information on two separate
8 occasions to two governmental bodies, one to each, there
9
is no question whatsoever that somewhere a long the line,
10
we put a guy on the stand and there is a n informant and
11
he informed on this and this and at that time you will h ave
12
a n opportunity to cross examine . If you are asking me to
13
waive any rights , to give this degenerate
14
Q Pointing to Mr. Weberman .
15
A If you are asking me to waive rights and give
16
him the right to get my reports on the
17
Q No , I am not . I think you misunderstand the
18
question . I am asking you whether in fact you intend t o
19
take advantage of the government policy to refuse to
20
identify the rea l names of informants?
21
A You got fifteen, I think, left. That is another
rephrasing of the ques tion .
22
Q ·when you take the stand , do you intend to tell
23
the court that you seek the protection of the secrecy of
24
25
the names of informants while you s u e somebody on your
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2
claim t hat it is not true?
3
A Again, we are dealing with the same thing . This
4
man has stated in print that I testified .before a grand
-
5
jury in Brooklyn. I am not ove rly concerned whether it is
6
a hi gh-level DEA informant. You made the i ssue on this .
7
I already stated to you I informed the DEA , I gave them a
8
piece of information. I traded them for it and you are
9
asking me to go further than that , and I am not willing to
10
go further than that.
11
My contention is I never testified anywh ere in
12
Brooklyn or New Jersey or any other place t h a t you are
13
talking about , and that is the thrust of my contention
14
wi t hin this lawsuit.
15
Q Wil l you allow government o ff icials to testify ,
16
if that is , in fact , yes , you were a n informant in other
17
ways , in other cases besides wha t you have told us today?
18
A I don 't have a choice , i f you cal i these people
t o the stand.
19
20
Q You don 't claim any protection?
A I didn ' t say that and you are tryins the same
21
thing agai n, Michaels .
22
Of f the record .
23
(Discussion off the record. )
24
MR . MICHAELS : On the record, p l eas e.
25
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1 114
2
Q Mr . Eder , in those limite d inst.1nc e s where
3
you did provide information t o the FBI and DEA, whi ch you
4
h.:ive told us abont , <lo you heJi e ve that informat ion was
..
s
helpful to the FBI and the DEA?
6
A Yes , I mos t definitely believe it WQS helpful
7
to t he FBI and the DEA . However --
8
Q Did that he l p mainta i n the integrity of their
9
and secnri ty systems ?
10
A Only the secu r ity systems , Rnd my contention is
11
that in no way jeopardized my standi ng a s outl aw, simply
12
because in pri son pnr l ance , a " rat " o r "informant" is one
13
who takes advantage of getting out of doing jail time by
14
putting some one else in that cage in his place , so my deal-
15
ing with the government was without hurting another humHn
16
being . I don ' t feel I deserve the reputation of bein9 a
rat .
17
18
Does   your question?
Q It is a n answer to the question .
19
20
If you bc-1 i eve tha t yonr ,.1ork for the g over nment
h e l ped t o protect security o f   information i n
21
dealings with criminal prosecuti ons , is it not true the
22
hel p you p rovided probahly resulted in people being jailed?
23
A No . Most definitely not . help I provided ,
24
agai n , was in tel ling - - are you speak ing of the FRI or the
25
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1
Eder
115
2 drug enforcement agencies?
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q
Both.
A
The Federal Bureau of Investigation presented
leaks in the national security system. Since I had the
ability to tap the FBI's phone, I had the same ability to
tap any government phone in that area, hased on the way
they were doing things at that point in time.
'rhe second thing was that certainly wouldn't
have led to the arrest or conviction of any human being.
The second thing with regard to the Drug Enforcement Ad-
ministration, the Drug Enforcement Administration doesn't
like a lot of things I do. You broughtup the point of
warning the ships. I have done that on numerous occasions.
The government is very upset about   t ~ They didn't get --
They didn't get any positive convictions out of anything
that I told them. What they did get, the furthest you
could possibly stretch my help to the government is I might
have been able to give this information as to how to plug
in the computers to somebody who it might have helped them
to avoid capture. This is the furthest you could possibly
stretch the damage I would have done to another outlaw.
Q The damage to another outlaw, even if you had
not given a name, that resulted in immediately and directly
in an arrest; isn't that true? The assistance you provided
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116
2 probabl y h e l ped the efficiency of the l aw e n forcement
3 agenci e s by t hose a gen cies that some people were a rres ted
4 that otherwi se would not have been arreste<l?
5
A Absolute l y not .
6 Q Wh ere d id you get the lis t of wa nte d s hi p s
7 whi c h I think you calle d a hot s heet? Where did you get
8 the list?
9
A Which one? I can state very simpl y that o n a t
10
l east ten times I have gotten ten l ists.
11
Q From whom?
12
A From various sources .
13
Q From whom?
14
A From various sour ces. That is an answer to
15
t he question.
16
Q Are you wil l ing t o identify t he sources?
17
A I am unwilling to identify any of the source s.
18
MR . KAHN : Off the rec6rd .
19
(Di s cussion o f f the record.)
20
MR. MICHAELS : Back on the record .
Q Go ahead .
21
A I am l ost .
22
Q Are you declining to answe r t he quest i o n?
23
A What question?
24
Q The ques tion is, wo uld you p l ease tel l us the
25
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2
people from whom you got the lists of h o t ships , of wante d
3
s hips?
4 A Of course not.
e
5 Q Thank you.
6 A No, not " thank you." Let me compl e te my answer
7
to the question . Of course, any person who stole
these
8
are gener al ly teletype that were teletyped to various Coast
9
Guards and sometime s a full hot s heet, and a t any time a ny-
10
bo dy gave me that infor ma tion, a lot of people were working
11
f or t he government a nd there were kids that worked for the
12
Coast Gua rd and peop le who worked in governme nt a gencies
13
for which we paid for these hot shee ts . Of course we
14
couldn 't t e ll you that .
15
MR. MICHAELS : Subject to my cl i ent 's
16
approval , I have complete d my examina t ion . I \vant
17
to tha nk Mr. Kahn , our r eporter , and Mr. Eder, as
18
·well.
19
Q Mr. Eder, our concluding quest i ons are as
follows :
20
21
Had you read the c ompla int in this case p rior
to today?
22
A I'm sorry , no.
23
Q Do you know whe the r your attorney in t his
24
matter ever previously represented Mr . Thomas Forcade or
25
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1 F.c'ier
118
2 any of his busines s ventures?
3
A You h ave to depose my attorney.
4 Q
I am asking whether you have any knowledge .
5
I am not asking you the fact .
6 A Whether I have any knowled0e?
7
Q Do you know whether your present attorney , Mr .
8
Kahn , sitting next to you , ever previously rcpres cm ted Mr.
9
Forcade or his business ve ntures?
10
A I believe he may h ave been representing
11
Transhigh Corporation somewh ere along the line.
I don ' t
12
know if he ever represented Tom personally.
13
Q Do you know how that relationship t e rminate d?
14
A I have no idea. I don ' t even know if it has
15
terminated .
16
Q At my client's request , I want to ask one fina l
17
question , which is whether you discussed this matter 't>'li th
18
your attorney before t ~ e complaint was drawn , whe the r yo u
19
informed him tha t you saw the princi pal dama0e to your
20
r e putation as the damage to your re::>u·ta ti o n as t o ·what you
call an outlaw?
e
21
A I think ~ ~   t I said to my attorney was this was
22
a malicious attack by A. J . Weberman and these peopl e should
23
have known it was a malicious attack by Nebernan . They
24
should have checked the verac ity of the statement that I
25
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2 tes tified b e fore a grand jury and I said I want to s ue him
3 a nd he said, " I don ' t t hink it would take too much time .
4 Sure I wil l help you . " That ' s i t .
5 Q
You did not in fact discuss with him what are a
6 of your reputation, that is, your r e putation as an outla w,
7 which you felt was a principal
8
A That is privileged communication what I discus s e
9 with my attor ney .
10
Q
At my clie nt.' s request , do you know of the
11
reason why the att o r ney is repre senting you without com-
12
pensation?
13
A Why don' t you ask my attorney?
14
Q I am a sking you if you know.
15
A I have no idea . I think perhaps he likes me .
16
Despite the fact that I am an outlaw, I think he likes me.
17
EXAMINATION BY MR . KAHN :
18
Q
In the course of the de position we have d is-
19
cussed the stateme nt in the November 27, 1978 Villa ge Voice
20
a rticle by Mr . We ber man that Chic Ede r wa s a h i ~ h   l e v e l
DEA informant .
21
Would you please t e l l me wha t " informant"
22
g e nerally mea ns or what you understa nd the word "informant "
23
to mean?
24
A What I unde rstand the word "informa nt" t o mean ,
25
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120
2
since the ma jority of my adult life was s p e nt in prison
3 situations , my terminology of "informant" is one who trades
4 his cage , trades, gives up his cage -- let me rephrase
e
5
tha t - - is one who gets out of a cage by putting a nother
6
ma n in t he cage in his pl ace , and I ha ve never done that
7 and I never i n tend to do t hat.
8 Q Is the term "cop" sometimes trea t e d s ynonymous l y
9 in your understa nding, with t he word "infor mant"?
10
A Erroneous ly. Again , my parlance is based
11
primar ily on prison . A cop is a cop and a rat is a rat .
12
They are t wo separate a nd distinct e ntities .
13
Q Looking at the article we are dis cussing , I
14
am calling your atte ntion t o a c ouple of sentences that
15
say , '\ery few other people wo uld he lp Tom. Rubin and Tom
16
had called me a cop . Rubin a nd Hoffman had called him a
17
cop during the yippe e- zi ppy confli c t in Miami , a nd that
18
l abel s tuck . Eventually both Abby and .._l'erry admi tted t his
19
was t:he wr ong t hing to do. "
20
A I cannot a n swer for A. J. Weberman 's wr iti ng ,
21
s ince I didn't write that . A. J. Weber.man - - at no time,
22
t o my knowledge , was Tom accused of being a cop. He was
23
a ccused of b e ing a n agent , of be ing an info r mant and
24
a ccused of working for the intelligence community.
25
At no t ime in my knowl e dge was he ever accu sed
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2 of being a cop.
3
Q Does the word " informant " in t he sense t h a t
4 you understand it , have a very negati ve connotat ion?
5 A About as negative a s you c a n get .
6 Q Would you say it also is a negati ve connota tion
7 among your fr i e nds , fami ly and busines s a ssoci ates ?
8
A The wor d "infor mant" i s not only amongst the
9 rat, s omeone who betrays the t r ust of his peers, it is
10
l ooked upon as a piranha by our society. We are dealing
11
with go ing al l t he way t o Juda s a nd J esus , right up to the
12
  whi c h was later redone with bl acks not too many
13
years ago on every l evel in t he society , e xcept f or possihly
14
a few of the newer cop shows i n which a pimp rat , who is
15
looked upon as a hero. In most l evel s of s ocie ty, in-
16
formant is looked upon as a l ow li f e.
17
Q Is the word "i nformant" synonymous wi t h t he
18
word
11
snitch
11
?
19
A Mos t definitely.
20
Q paragraph: " Recent l y Rick Nemay , in-
21
formant , FBI , snake , who inf iltrate d the zip pies and c a me
doi n g a book for Quadrangl e Press about his experiences ,
24
refused to hel p frame him.
11
25
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1 F.ncr
1 2 2
2 In regard to t hat paragraph, hy contrast of
3 t he paragraph in which your name was mentioned , what d id
4 t h a t suggest t o you?
5 A It suggested to me he was a good guy and not
6 a rat and I was a bad guy and a rat . In this case , tha t
7 is what it s u gges ts to me .
8 Taking the articl e as a whole , looking a t that
9 paragraph and ·che paragraph about me, one is the good guy
10 a nd one is the bad guy .
11
Q You test ified that you had given v ery limited
l2 i nformat ion to t he FBI in 1975. Have you g i ve n information
13 to t he FBI in the years subsequent to 1975?
14
A Let me deal with that. I ha ve wor k ed once
15
with the FBI and I stated at which time I worked wi t h them.
16
And I worked with t he ones with t he Drug Enforce ment Ad-
17
mi ni stration and t hat's it , b aby .
18
Q
Wi t h r e spect to the Drug Enforce me nt Adminis-
19
tra tion wi t h which you made your arrangement in 1 976 , h a ve
20
you give n them a ny furthe r information in 1977 , 1 978 o r
21
1979?
A I had no contact wh a tsoe ver .
22
23
Q At t h e time this articl e refers to , whe n it
24
r e fers to your name in 1977 , it i s the r e fore the case that
25
you were not de aling with or giving a ny inf o rma tio n wh a t-
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2 soever t o t he DEA at that t i me ?
3
A
Tha t i s cor r ect .
4
Q
I n c ommon parla nc e , t h e wo r d " i n forma nt," i s
5 tha t gen e ral l y unde rstood t o mea n s omeone who mer e l y g i v e s
6 some i nformat i on a bout the tec hni c a l da ta , s uch a s you gave ,
7 or i s it more surely und e rstood t o mea n a s nitc h of r a t
8 tha t turns o n s ome speci f ic - -
9
A I n gene·cal , i n a societ y i n gene ral , U1e wo r d
10
" informant ," if it i s not used in a c r i mi na l comp l aint , has-
11
it is not a devil word .
It is not a d e v il word i f yo u say ,
12
" I ha ve a n i nfor ma nt who tells me t h a t if I go into the
13
bu siness in Ha i t i t omorr ow, I am goi ng to ma ke a l o t o f
14
mone y ." That i s a n info r ma nt who gi ve s that informa t ion.
15
As we know it wi t h i n the str ucture of t h e
16
s ocie ty i n wh ich I live a nd t ha t is no t only the peo p le
17
who a re enga ged i n outlaw a cti viti e s b ut p eop l e I know
18
s oci a l l y a nd personally , t h e word " informan t" i s a bo ut a s
19
low a word , it ' s a bout a s dero gatory a nd pejorative a wor d
20
a s yo u c a n use agains t a human b e ing .
Q Is t ha t because it is t rea t 8d as meaning y ou
21
gi ve informati o n
1
a bo ut a nothe r h uman being t h a t caused his
22
a rres t?
23
A No, it ' s b e cau se i t is t rea ted , trading y o ur
24
c age with ano t h e r man , p utting another man i n a c age s o
25
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2 you don ' t h ave to go into a caqe.
3
Q Whe n you r e ad the article by Mr . We b e rman , did
4 you understand that to mean he was stating or implying you
s gave information to a grand jury with r e spect t o Forc a de
6 for the purpose of putting him in a c a ge and keeping you
7 out?
8
A Exactly . He says that I gave testimony b e fore
9 a grand j ury in Brooklyn in the year 1977 . This is a lie.
10
That is. the whole crux of my c ase . All the r e st of what
11
is be ing state d is great be tween l awyers , but my case is
12
very s i mply that this man has said that I t e stifi e d before
13
a grand jury against another human being a nd I n e ver <lid
14
t his . And I f e e l he did this ma licious l y and with the
15
intent ion of trying to hurt me . Th i s is my wa y of e xpress-
16
ing this lawsuit .
17
Q
Do you ha ve a ny inkling a s to why Mr . We berma n
18
bears a ny f eeling of ma lice , hos tility t owards yo u in-
19
dividually?
20
MR. MICHAELS:   As k e d a nd
an swer e d. Didn't we view t h a t speci f ic a llegatio n ?
21
MR. KAHN : I do n ' t r eca ll t h a t you asked
22
him.
23
Q I n addition to the spe cific a llega tion tha t wa s
24
ma de by you a bo ut Mr. Weber rnan , do you ha ve a ny t hing more ?
25
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125
2 A Yes, I think the re is more .
3
Q
I would like to know if there is anything e lse .
r 7
4
A He says it right in his articl e . Ile says in
5
the article He says he was so angry about Tom's death
6 that he lashed out at e ver yone . I think that appears in
7 the article , the exact words: "I b egan to blame anyone
8 that was h andy for his demise . " Those were his words .
9
What I am s aying is , as well as the ma lice ,
10
I am saying he was very loyal to Forcade , whether he was
11
misdirected or not. He was l oyal to Forca de a nd disliked
12
me because I was giving him my prices in New York on smoke
13
and he was making a living and then I stopped doing that .
14
For those two r e asons , for the reason he fe lt
15
I cut him off from his suppl y of material was one, and the
16
second one was a sense of loyalty t o Forcade . I fee l he
17
c ame out in print and stated this a nd other people were
18
whispering behind doors that I was unlucky t o be the guy .
19
He took a shot at me because he was malicious about it.
20
He was going t o grandstand . In prison parlance, that is
.e
21
cal l e d prison grandstanding . You had your day , b a by, now
it ' s mine .
22
Q With respect to the maga zine you proposed t o
23
publ i s h, you indicated you sought to employ a woma n who
24
declined to work for you as a result of this article?
25
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F.der
126
2
A That 's correct .
3
Q Were there a ny other persons , to your knowl edge ,
4
that declined to work fo r you on t his pro j ect as a result
 
5
of tJ1e publication of t his articl e ?
6
A Yes .
7
Q Would you tell us who they were ?
8
A Paul Kras ner , Sally Ma r , a lthough Sally, I con-
9
vinced h e r t h at was not the case . There have been othe r
10
people , yes .
11
MR . KAHN : That is a ll I have .
12
MR. MICHAELS : I will be brief o n re-
13
d irect .
14
EXAMINATION BY MR. MICHAELS:
15
Q You have seen governmental agency reports a t
16
times, have you not?
A I have.
17
18
Q Investigati ve reports , that sort of thing?
A I have .
19
20
Q You are aware the informant is ofte n use d as
a n informa nt who gi ves specific i nfor mation even though
21
they are not trading a cage fo r another person's incarcera-
22
t ion?
23
A Yes , they have paid i n forma nts that do it for
24
othe r reasons . There ' s a lways some game for the informant .
25
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127
2 It is e i ther reve nge , monetary gain or tra d ing a cage with
3
another hwnan being. It is one of those three t h ings.
4
Q In f act , didn't you want revenge against Tom
S Forcade he cause you bel ieved he stole mone y and mari j uana
6 f rom you?
7
A Let's deal with that . At t he time the people
8 within the government, who wante d me t o testify agains t
9 Forca de
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q
A
Who were they , in addition to Mr. Newgarten?
Whoever Mr. Newgarten works wi th down there.
With regard to tha t, that took place many, many months ,
possibly a year before I even knew Forcade ha d be a t me
out of 5 0 pounds . So at the time that took p l ace , no.
Q By 1977 you knew about the thef t of y our
marijua na?
A I believe it was in April. I am pretty sure
it was in April. Either '76 or '77 that I f ound out a bout
it.
Q
During s ometi me , during 1 97 7, in fact , you
l earned about it a nd didn't you want revenge agains t Tom
Forcade?
. •
A I rece i ved al l t h e revenge I needed. I took
my fifty pounds back , with i nterest .
Q Fr om where?
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2 A
From a transaction Forca de and I we re invol ved
3 in.
4
Q
What location?
5
A Florida.
6
Q With his permission?
7
A
He didn 't have a choice.
I said, you know,
8 "Man, I'm taking this . What do you want to do?" He didn' t
9 wa nt to do nothing. He knew. There was a man in the room.
10
He said, "Tom, you beat him for his money ." I took fifty
11
a nd fifty more to make up for the interest and t ook one
12
hundred pounds from him in fro nt of his face.
I told him
l3 I wa s taking this . It was that simple.
14
Q The two of you were alone at the time?
15
A Me a nd Tom.
16
Q
Who else was prese nt?
17
A
I wouldn't give you that infor mation .
18
Q Was a ny weapon in t he room?
19
A
Tom had a .45 in his belt .
20
Q Any o ·the rs ?
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A Not to my knowle dge .
22
Q Did you hav e a ny weapons ?
23
A I don't carry a gun .
24
Q Did you have any weapon?
25
A No, I don't carry a gun .
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Eder
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2
Q How wa s it that he ha d a gun and you had no
3 weapon a t a ll a nd that you were able to simply say to
4 him,
11
I am t aking it,
11
and walk out with something value d,
5 I t hink you said , about $20,000?
6
A That ' s what it would be val ued out, twenty
7 t housand.
8
Q
What was it, force of personality, hypnotic s?
9
A Ne ithe r . You are facetious .
10
Q
Yes , I apologi ze .
11
A What h appens in t his business is we know the
12
difference between right and wrong . I was in a position to
13
confront this man wi t h r egard t o his having cheate d me o n
14
a n earlier run. I was working at the time of being cheated.
15
I wa s working fo r Torn Forcade . I was not his part ner. I
16
was still working for him and he was supposed t o have paid
17
me $50 , 000 or 200 , 000 pounds of marijuana . Instead of
18
paying me 1 50,000 pounds of marij uana , later , just prior
19
to thi s busines s arrangement going down where I wa s Tom's
20
partner at t his t i me , just prior to it going down, I got
t he information ahout his h aving be at me for the fifty
21
pounds , s o I went t o other people in the g a ng and asked
22
did this ~ e   l l y take place . I got the information that it
23
had . I confronted Tom with the informa tion tha t he had
24
beat me for the fifty . He agreed he ha d beat me for the
25
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1 S PARK R OW, N."f. 10036 PHONES: 349-3 1 0 6-9
1 Eder
1 30
2 fifty. I t o ld him, " I' JT1 t.:1king the fifty and I' rn taking
3 anothe r f i fty ," be cause he was a fake . He was carrying a
4 gun but he h a d no choice because the othe r guy was in t he
5 room. He said, "Man, you CJOt no choice . You bus ted him."
6 He c arri ed a gun. Tom Forcade a l s o pulle d a gun o n me
7 during the same operation. He pulle d a gun .
8 Q There was a period of t i me t h at you were a ngry
9 with Forcade and though t about revenge but had not resol ved
10 the problem, was there not?
11
A No, because I was -- couldn 't have b e e n more
12 than a day- and- a - half, two days from t he time I found out
13 about it to the time I took my material back .
14
Q Within the l ast year , have you t esti fied in a ny
15
court of l aw wher e the jury or judge accepted your word?
16
A I h ave not testifie d in a court o f l a w i n a ny
17
case , other t ha n my cas e , t o the bes t of my knowledge . I
18
cannot ever remembe r ever being cal led . Maybe I was once ,
19
in Califor nia . I have never testified aga i ns t anyone in
20
any case anywhere in the world a t any t i me .
21
Q No judge- or jury whi c h ever received your ~ o r  
in court?
22
23
A There i s no judg e or a ny jury -- I don ' t k now
24
that . There are judges and juries who have accepted my
25
word in cour t, when I defended myself. Let me try the
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15 PARK ROW. N.Y. 10038 PHONES' 349-3108-9
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Eder 131
2
sta t ement again. At no t ime in my 48 y ears , i n my
3 exist e nce , have I e v e r testifie d a gainst any person i n
4 a ny c r iminal p rocedure ; is that clear? Th a t i s p r e tty
5 b r oad . That is 48 y ears of it . Doe s that a nswer your
6
q uestio n? I ha ve t e stifie d in my own cases.
7 Q How many time s was y our word accepted in your
8 own cas e s?
9
MR. I<AHN : I obj e ct to that. One n e ver
10
knows -- How d oes o ne know the b asis of how it is
11
accepted at the trial?
12
Q In t hos e case s you t es tifie d , the c ases in
13
v-1h i c h the jury convicte d you of c r ime s
14
MR. KA HN : I o b j ect to t h a t. You don 't
15
know if oth e r testimony or evidence wa s in t h e case
16
and you don ' t know the jur y ' s basis f or wh a t t he
17
decisio n was.
18
Q Ha ve you testifie d in your own behalf?
19
A In whi c h the jury be lieved me?
20
Q Whic h i n f act res ul ted in your being c o nvi cte d
e
21
of a crime .
22
A Both . I h a ve n e v e r testif i e d i n c a ses d e a l ing
23
with o ther people ; that i s No . 1 . Le t's get tha t s t r a i ght
24
a gain, f rom t he jump.
25
Q I und e r stand your positio n .
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15 PARK R O W. N .Y. 10036 P H O N E S' 3'19-3106 · 9
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Eder
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A Whe n I ha ve t estifie d i n my own cases , I h a.ve
3 won some and l ost some .
4
Q Tha nk you .
5
A When I have charges agri ins t me and t he j ury
6 comes in and acquits o n e ight a nd convicts o n two , I assume
7 t he jury mus t h a ve believed me on the e i ght .
8
Q As a fina l q uestion, is it your belie f that t he
9
stat ement s you have made today would be deemed dero gatory
10
by your fr i e nds , associ ates and bus i ness companions?.
11
A Between the time t hat t he inf o rmati on a s t o
12
my worki ng wi t h t he go vernment became p ubl ic and today?
13
Q You were r e f erring to t he f i r st time it wa s
14
ma de public i n HI GH TIMES MAGAZINE in 1 977?
15
A Pr ior t o a ny p ub lic a t i on, when I said "made
16
public," I meant by a par t of wher e i t was known , wh ere this
17
information
18
Q You are speaki ng about 1977, not the arti c le?
19
A I ' m s peaking wi t h a year- a nd-a - ha lf ago . From
20
that time o n, I had t o expend a tremendous amount o f energy
21
wi t h a l o t of people in telling t h e m wha t actua lly took
p l ace . There wer e those peopl e that believed t h a t I was
22
telling them the t ruth and cont i n ue d ther efo re to do
23
bus i ness wi t h me .
24
Q Out l aw business ?
25
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1 5 PARK ROW. N.Y. 10030 PHON ES: 349-3106-9
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Eder 1 33
2 A
Outlaw busi ne ss a nd l egi t i ma t e inl aw bus iness.
3 n nd they continued t o do busine ss with me followi n g this .
4 And t he re were some p eople who felt they didn ' t want to do
5 bus ine ss with me after that.
6 However , up until the point of A. J . We herrnan's
7 a rticle appe a r ing in this Village Voice , I had nothing to
8 put my t eeth into . A. J . Webe rman has made a statement .
9 He has said I am a governme nt informant who t estifie d in
10
1977 befor e a Brooklyn gr and jury . That did not take place.
11
Oka y? All I an1 saying is, if this took pla ce, l e t me be
12
a rat in public . Let him come into court a nd state it
13 took pla ce.
14
Q
Mr . Ede r, in the various times you have s poke n
15
with repor t e rs a nd journalis ts or write rs, wh ere you k new
16
you had the opportunity to address the public a bout your
17
career in history , did yo u ever t ake the o ppo rtunity to
18
de ny the alle ga tion made by HI GH TIMES MAGAZI NE a nd t.he
19
a t t or ney, Michael Kennedy , in 1977 t ha t you were a D<1J·c otic
20
info rma nt?
A
21
I have not b e en intervi ewed by any p ublication
s ince t h a t took pla ce.
Doe s that answe r your question?
22
Q Have you done a nything t o s eek t he opportunity
23
to de ny t he a llegation made a t tha t time by thos e parti e s?
. 24
A No , b eca use I di dn ' t know wh a t t he recou rses
25
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Eder 134
were o f fered to me a t the time.
At t he t i me I was too punchy , is the r i ght
word , h aving this thing h appen to me , t o take effective
a n effective counter attack . At t his t ime I have a n
atto r ney who is willing to make a n effective counterattack
a nd for the record , unti l s uch a time , unti l I came in this
o ff ice , I hadn ' t thought about suing HIGH TIMES and Michael
Kennedy , but I a m now .
Does t h a t answer your ques tio n?
Q Is it therefore true , in fact , you never denied
that a llegation or sought any o pportunity to deny it?
A I mos t certa inly did deny this allega tio n.
Q To whom?
A To everyb ody I c ame across , t ncluding Tom
Forcade , and a t one time t here was a situation whe r e Forcade
  t o meet with me with regard to this , a nd is a
person i n New Yor k City pos sibly who mi ght be abl e t o
t es t i fy to that . Again, I cannot give this pers on ' s name
unti l I have spoken to him.
tions .
MR. MICHAELS :
I have no further q u es-
MR . KAHN : I have no further que stions .
(Time noted : _6 : 3 0 p.m.)
Subscribe d and sworn to before me
this day of 1979.
BLITZ REPORTING CO.
1 5 PARK R OW, N .Y. I 0038 PHON ES' 349-3106- 9
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135
C E R T I F I C A T E
STATE OF NEW YORK )
SS
COUNTY OF NEW YORI< )
I, SHARYN L . BAMBER, a Shorthand Repo r t e r
and Notary Public within and for the State of
Ne w York, do hereby certify:
That ·cHIC EDER , t he wi t n ess \·1hose
tion is herein.be for e s8t forth , ·was •-1. ul • . .r
sworn by me a nd t hat such is R true
r eco r d of the t estimony give n by s uc h
I f urther cer tify that 1 <:rn rio t r n l n. t .-; rl
to any of the par ties to this a ction by b J O( •d
marriag e , and that I a m in no way
in the outc ome of this matter .
my
IN \--2: h a ve reunto s et
h a nd t.h is _ _t _. _ _ da y   1979 .
B LI TZ REPORTI NG CO.
1 5 P A RK R O W. N .Y. 1 0 038 PHONES: 3 4 9-3 1 0 8 - 9
SUPREME COURT OF THE STATE OF NE\'1 YOP.K
COUNTY OF NEW YORK
----------- ----------------------------x
CHIC EDER,
Plaintiff,
-against-
ALAN J. NEBERMAN a/k/a A. J.
WEBERM.l\N, WILLIAM J. RYAN ,
MARIANNE PARTRIDGE, RUPER.T
MURDOCH and THE VILLAGE VOICE,
INC.,
Defendants.
-------------------- --- --------- - - -----x
Deposition of plaintiff CHIC EDER , taken
by defe ndqnt ALAN J. WEI3ERl1AN , pursua nt to notice
dated Febr uary 2, 1979, at the offices of David
S. Michaels, Esq ., 342 Madison Avenue, New York,
N. Y. 10017, on February 16, 1 979, at 2:00 p .m.,
before Shary n L. Bamber, a Shorthand Reporter
and Nofary Public of the State of New York.
BLITZ REPORTING CO.
C ERTI FI ED S H O RTH A,.., 0 REPOR TERS
15 P A R K ROW. N . Y . 10038
PHONES: 349-3 108-9
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# 22
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APPEARANCES:
Messrs. ROSENSTEIN & KAHN,
Attorneys for p laintiff ,
225 Broadway
New York, N. Y. 10007
BY: MAPC KAHN I ESQ . I
Of Counsel
DAVIDS . MICHAELS, ESQ.,
2
Attorney for defendant Alan J. Weberman,
342 Madison Ave nue
New York , N. Y. 1001 7
ALSO PRESENT:
A. J. WEBER.MAN
oOo
IT IS HEREBY STIPULATED AND AGREED, by and
between the attorneys for the r espective partie s
hereto that a ll rights provided by the CPLR, in-
e l uding ~ ~   right to object to a ny ques tion, except
as to the f orm, or to move to strike any t es timony
at this deposition , are reserved , a nd, in addition,
t h e failure to object to a n y question, or to move
to strike tes timony at this deposition , shall not
be a bar or waiver to make s uch mo tion at, and is
reserved for , the trial of this action.
IT IS FURTHER STIPULATED AND AGREED that
this deposition may be sworn to, by the witness
B LI TZ REPORTING CO.
15 PARK R OW, N.Y. 10038 PHONES: 3 4 9-3108- 9
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being examined, before a Notary Public other than
3
the Notary Public before whom this deposition was
4
begun, but t,'1e failure to do so, or to return the
•••
5
original of this deposition to counsel, shall not
6
be deemed waiver of the rights provided by Rule
7
3116, CPLR, and shall be controlled thereby.
8
IT IS FURTHER STIPULATED AND AGREED that
9
the filing and certification of the original of
10
this deposition are waived.
11
12
oOo
13
14
MR. KAHN: Before we begin the deposition
15
of Mr. Eder, I would like the record to note it is
16
now 10 after 2 p .m., and that the attorneys for Mr.
17
William Ryan, Mr. Rupert Murdoch and The Village
18
Voice have not appeared this afternoon.
The record should also note they served
19
20
a notice to take deposition upon oral examination of
.,
21
Mr. Eder, dated February 2, which I received Febru-
ary 5th, and that subsequently the attorneys for the
22
above-named defendants agreed they would be present
23
in Mr. Michaels' office this afternoon, on the 16th,
24
in order that both depositions could proceed at the
25
BLITZ REPORTING CO.
15 PARK ROV.
1
, N.Y. 10038 PHONES: 349-3108-9
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2 same time and explicitly, so that Mr. Eder, who is
3
here from out of town, would not have to be unduly
4
inconvenienced.

5
The record should also note that this
6 morning at 10:30 I received a telephone call from
7
Mr. Slade Metcalf, who is counsel to the above-
8
named defendants who for the first time advised me
9
that because of the presence of office work in his
10
office he did not choose to attend this deposition.
11
I pointed out to Mr. Metcalf that my client had
12
flown into New York especially for this deposition,
13
from out of town and in fact from overseas, and that
14
this would work an extreme hardship on Mr. Eder. I
15
further pointed out that since this was Mr. Metcalf's
16
notice of deposition, I expected him to be here and
17
if he preferred not to attend the deposition, we
18
would assume he had waived his rights to depose Hr.
19
Eder and that we would seek additional relief as
20
necessary under the CPLR.
I served a letter to that effect on Mr.
21
Metcalf this morning, a copy of which I would like
22
23
to put into this record and I would also like to put
into the record a copy of my client's passport.
24
Just a notation for the record, my client'
25
BLITZ REPORTING CO.
15 PARK RO\'/, N.Y. 10038 PHONES: 349-3109-9
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2 passport
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THE WITNl.:SS: Showed I arrived here
4
from out of the count ry last nir,ht at 7:20.

5
MR . KAHN : At JFK Airport.
6 Aeain, explicitly for the purpose
7
of attending this deposition.
8
Having said that, we are prepared to
9
go forth with Mr .   s deposit i on not i ced by  
10
Michaels, on behalf of hi s c lie nt, A. J . Weberman .
11
C H I C E D E R, plaintiff, called as a witnes s
12
by the defendant Alan J. Weberman, be ing first
13
duly sworn by the Notary Public ( Sharyn L. Bamber ),
14
testified as follows:
15
EXAMINATION BY MR . MICHAELS:
16
Q Would you s tate your full l egal name , please?
17
A My l egal name, as far as the courts , Chic
18
Eder .
19
Q What is the name appeari ng o n yo ur birth
20
certificate?
MR . KAHN : Off the record .
21
(Di s cussion off the r ecord.)
22
MR. KAHN: I am goine to object
23
because it is irrelevant for any purpose tha t
24
25
pertains to this examinat ion.
BLITZ REPORTING C O.
15 PARK R O W. N.Y. 10038 PHO NES: 349-3108- 9
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Eder
2
MR. MICHAELS:
Asking his name?
3
THE WITNESS: You are asking the name
4
that appears on my birth certificate? I refuse to

5
answer that question.
6
MR. KAHN:
If you want to seek an order
7
directing him to answer that, you can.
8 BY MR. MICHAELS:
9
Q What is your legal name?
10
A Chic Eder.
11
Q Have you ever used any other name?
12
A I have used numerous other names.
13
Q What names?
14
A I prefer not to answer that question.
15
MR. KAHN: Again, I object to that as
16
not being relevant to the instant proceeding. I
direct him not to answer that question.
17
A I would like to state for the· ·record that I am
18
19
known only by that name at this point in time.
Q
I-Ia\re you ever been kno\vn to any government
20
agencies under any other names?
21
A Possibly.
22
Q What names?
23
A It's irrelevant to this case and I refuse to
24
answer it.
25
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Eder 7
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MR. MICHAELS: Off the record.
3
(Discussion off the record.)
4
MR. MICHAELS: On the record.

5
Q
Do you concede you have, in. the course of your
6 life, used various other names, other than the one you are
7 now telling us is your name?
8
A
I do, but I 'vant to add to that that I have
9
never appeared before any cotirt, body or governmental
10
agency in this decade, the seventies, by any other name.
11
Q Did you ever appear before a court, body or
12
governmental agency at any time under another name?
13
A Not in this decade.
14
Yes, in the sixties or prior, I have.
15
Q
How many times?
A
I have been in court? I never appeared before
16
17
a grand jury at any time anywhere to testify before a grand
18
jury.
Q
The question, if you recall, is whether you
19
at any time, whether prior to the seventies or durincr the
20

21
seventies, appeared before any court, grand jury, or any
governmental agency under any other name?
22
MR. RAHN:
I instruct him not to answer
23
that.
24
A
I don't remember.
I am stating categorically
25
BLITZ REPORTING CO.
0036 PHONES= 3<19-3\0B-9
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Eder· 8
2 that I have not appeared in this decade, the seventies,
3 before any one under any other name except Eder.
4
I will make one concession here that I used
\
•·
5
the name Philip.
6
Q Is that your name?
7
A
Yes, that is my name.
8
Q
Is it the name that you were born with?
9
A
No, it is not the name I was born with.
10
Q
Again, what is the name you were horn with?
MP.. KAHN:
Here again, I am going to
11
12
object to that as being irrelevant to the proceeding.
13
Q Where and when were you born?
14
A
In New York City in 1931.
15
Q On what date?
A
I don't think I want to give him that informa-
16
tion.
17
MR. KAHN: Again, I object to the
18
19
relevancy as to the specific date of his birth. It
20
has nothing to do with any of the issues raised in
the compaint or any conceivable defense to the issues
21
raised in the complaint.
22
Q Mr. Eder, isn't it true you have provided in-
23
formation to different government agencies under different
24
names?
25
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15 PARK ROW, N.Y. l 0038 PHONES: 349·3\0B-9
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Eder
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HR. KAHN:
I object to the
question.
3
HP.. MI CHAE LS :
It is certainly relevant.
4
MR. KAHN:
It is too broadly based for --

5
Q
Have you ever given information to a government
6 agency under any other names other than Chic Eder?
7
MR. KAHN:
It presumes a conclusion.
8
MR. HICHAELS:
I am asking whether in
9
fact, I am not concluding that.
I am asking whether
10
it occurred, whether you have given information to
11
government agencies under any other name?
12
A
Not in the seventies.
13
Q Prior to that?
A Possibly.
I have been arrested on numerous
]
15
occasions and in court on numerous occasions.
If that be-
16
ing the case, then I have testified in my own cases and I
17
have given information to the government and it may have
18
been under another name.
19
Look, what I am trying to get across to you,
20
Nr. Michaels, is simply the most you could hope to go back

21
on this is ten years with me because beyond ten years, I
am not going to tell you anything, unless the court orders
22
me to tell you that.
So now, we know exactly what we are
23
dealing with here.
24
MR. MICHAELS:
Off the record.
25
BLITZ REPORTING CO.
15- PARK ROW, N.Y. 10038
PHONES: 349·3106-9
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Eder 10
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(Discussion off the record.)
3
MP .. MICHAELS: Back on the record.
4
Q
During the 1970's, have you ever given in-

5
formation to any governmental law enforcement agency or
6 prosecutorial agencies under the name of Philip Eder or
7 chic Eder?
8
MR. KAHN: I ask you to clarify that.
9
Do you mean during the time of a trial in which he
10
was a witness in a trial?
11
MR. MICHAELS: No. I mean during the
12
course of investigation, indictment proceeding,
13
trial or any matter related to any law enforcement
14
agency.
15
MR. KAHN:
I find the question objection...:
16
able because of the breadth and lack of specificity.
17
If you specify a specific instance or agency, I will
18
not object to his answering.
19
Q
Did you ever give information under the name
20
of Philip Eder or Chic Eder or any other name to any agency

21
or representative of the Drug Enforcement Administration or
predecessor agencies?
22
A Yes, I have. Yes, I have but it never had
23
anything to do with any individuals; it only had to do with-
24
MR. KAHN: Off the record.
25
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Eder
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(Discussion off the record.)
3
MR. KAHN:
Back on the record.
4
A
It only has to do with technological -- dis-
·•
5
cussion of technological operations of their computer
6 system.
7
Q
Let me go back a little bit and ask you a
8 little more by way of background.
9 Where were you educated?
10
A
Folsom Prison, California.
I graduated as
11
valedictorian of my class in 1966, I believe.
12
Q
Did you have any education prior to that?
13
A Not to speak of.
14
Q Where did you grow up?
15
A New York.
16
Q
Did you have any education subsequent to that?
A Yes.
17
18
Q Could you specify, piease?
19
A
Ventura College, Stony Brook University.
20
Q
You registered as a student at both institu-

21
tions you named?
A No.
I was a student at Stony Brook University
22
but was not registered.
I may have been, but I don't think
23
so. I wasn't registered formally, but I may show up on
24
the records.
25
BLITZ REPORTING CO.
15 PARK ROVI, N.Y. 10038 PHONES: 349-3108-9
1
Eder 12
2
Q Hhat years were those?
3
A February, Harch and part of April of 1973 and
4
in part of the semester beginning in January of 1975. Both

5
Stony Brook University.
6
Q When were you first arrested?
7
A Probably 1944 or 1945.
8
Q How old <-1ere you at the time?
9
A Thirteen years of age.
10
Q h'hat was the charge?
11
A Possession of marijuana.
12
Q What happened to the case?
13
A I went to reformatory.
14
Q For how long?
15
A I managed to stretch that out into years; I
16
don't know how many. Three, probably.
17
Q Which refor·matory?
18
A I won't answer that. ·I would rather not answer
19
that unless ordered to by a court.
MR. KAHN:
20
The name of the reformatory in
/. 21
which he was incarcerated is irrelevant to any de-
fense and to the issues in this proceeding.
22
HR. MICHAELS: Off the record:
23
(Discussion off the record.)
24
MR. MICHAELS: Back on the record.
25
BLITZ REPORTING CO.
15 PARK ROW, f'J.Y, 10038 PHONES: 349-3\06-9
1
Eder G
2 Q Mr. Eder, is it your position in this case
3 your reputation as a criminal has been defamed?
4 A No. As an outlaw.

5 Q What do you mean by that?
6
A As someone who lives outside of the law.
7 Q As someone '"ho violates the law?
8 A Possibly as someone who violates the law.
9
Q What do you claim your reputation is as an
10
outlaw, as you call it?
11
A To quote Bob Dylan,,. "To live outside the law,
12
you must be honest." To put another person in a prison
13
cell in your place is dishonest, and my statement is I
14
have at no time put another person, by trading myself, into
15
a prison cell.
16
Q Your claim here is it is your reputation as
'
17
an honest outlaw which has been defamed?
18
A That is correct.
19
MR. KAHN: Off the record.
20
(Discussion off the record.)

21
MR. KAHN: Back on the record.
22
A It has also hurt my business reputation in the
23
legitimate businesses which I am involved in at the present
time.
24
25
Q Is that your statement or have you been advised
BLITZ REPORTING CO.
15 PARK ROW, N.Y. 10038 PHONES: 349·3108-9
1
Eel er 14
2 to state that by your attorney?
3
MR. KAHN: Off the record.
4
(Discussion off the record.}

5
MR. KAHN: Back on the record.
6 A It is my statement.
7 Q Let's pursue the question of your history as
s an outlaw. When were you next arrested?
9
A
Well, I can't honestly tell you that.
10
me think about it for a moment.
I know I was arrested in
11
1950.
12
Q On what charge?
13
A Tire Act.
Stolen car across the state line.
14
Q What happened to that case?
A
15
Probation.
16'
Q When were you next arrested?
17
A
Again, I don't --
18
Q Excuse me.
Let me back up and withdraw that
19
question and ask instead, did you plead guilty to a felony
20
in the 1950 prosecution you just discussed?

21
A That is correct.
Q When were you next arrested?
22
A I might have been arrested -- You want to know
23
when was the next time I was convicted?
24
Q No, I am asking the next time you were arrested.
25
BLITZ REPORTING CO.
15 PARK ROW, N.Y. 10038 PHONES: 3"9-3108-9
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;.
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8
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12
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14
15
16
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18
19
20

21
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24
25
Eder
A I don't know.
Q How many times have you been arrested?
A I can't count them. I have a nine or ten-page
rap sheet.
Q Can you estimate for us the approximate number
of arrests you have?
A No, because a lot of those notations on the
rap sheet deal with the felony conviction registration
which was legal at that time and you had to register as
having been convicted of a felony in places such as Las
Vegas and Miami Beach and you have to state you have been
arrested and every time you did this, a notation would
go on your rap sheet, so I can't answer that.
Q About how many times have you been arrested?
A Twenty.
Q About how many times have you been convicted
of any crime?
A Other than as a juvenile, at least six.
Q How many of those were felony convictions?
A All of them .
Q What crimes, to the best of your knowledge,
. i
!
were you convicted of, aside from the Tire Act you told
us about?
A Possession of marijuana.
BLITZ REPORTING CO.
15 PARK RO . 49.
1
Eder
2
Q How many times?
3
A
At least three or four; probably more. I was
4 convicted of possession of marijuana in 19 -- I believe
5
1959.
That was in Federal Court in Miami.
6
I was convicted of possession of marijuana,
7
State Court, in San Francisco, California, in I believe
8
1964, and I went to prison.
9
I was again arrested for possession of or con-
10
victed of possession of marijuana and possession o f   ~ No,
11
just possession of marijuana in 1968.
12
In '70 or '71 I was convicted of possession of
13
marijuana and possession of firearm, leading from the dis-
14
turbances in Isla Vista, California, 'which is in Santa
15
Barbara, California.
16
Q
In fact, didn't that last incident you told us
17
about involve the burning of the Bank of America?
18
A
It had to do with -- It had to do with the
19
incidents that took place around the burning of the Bank
20
of America.

21
Q
Here you one of the individuals convicted?
A
No, I was never convicted for burning the
22
Bank of America.
23
Q But rather for what?
24
A Possession of a firearm.
25
BLITZ REPORTING CO.
~ 15 PARK ROW, N.Y. 10038 PHONES: 349-3108-9

1
Eder
2 Q
As a felony?
3
A It's a felony. Up to five years in the State
4 of California.
5
Q Is that the entire record you have told us
6 about now?
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A No, I have only gotten up to the early 197D's.
Q Please proceed.
A I am presently on appeal on a conviction of
possession of marijuana in the State of Florida.
Q
As a felony?
A As a felony.
Q Is that the complete record? Have you now
told us of all of your arrests and convictions?
A I don't know if I have listed all of the
arrests, since I don't have my rap sheet here. I think it
is sufficient for your purposes.
Q Have you told us about all of your convictions?
A Ny convictions?
Q Yes.
A Let me think about it a minute. I have been
convicted of escape from prison.
Q When?
A December 8, 1974.
Q Where?
BLITZ REPORTING CO.
15 PARK ROW, N.Y. 10038 PHONES: 349-3\06-9
1
Eder
2 A Pardon me, mistake. I escaped
3 1972 and left a note telling them what day ,I would be back,
4 and the day was May 8, 1972 and I returned on that date
5
and was subsequently tried for escape and convicted of
6 escape.
7
Q
Have you now told us about all of the convic-
8 tions?
9
A Let me think about it for a minute.
10
I will reiterate: The original conviction,
11
which I believe the record was expunged, was possession
12
of marijuana, thirte.en or fourteen.
13
Next, Tire Act, which I don't think appears
14
on any record, in 1950. Then I was convicted -- Let me
15
make that completely c l e   r ~ I am not talking of arrests.
16
I am talking about those things I was convicted of -- con-
17
victed of marijuana in a federal court in Miami in 1959.
18
Next, possession of marijuana and possession
19
of stolen property, another charge, in 1964 in San Francisco
20
California.
Next, 1968, I was arrested in Ventura,
21
California and convicted of another marijuana possession.
22
There were other arrests involved around that
23
period; none of which resulted in conviction.
24
The next one was in '71 -- '70 or '71. To be
25
BLITZ REPORTING CO.
15. PARK ROW, N.Y. 10038 PHONES: 3"9-3106-9
1 Erler
2 cl e a r o n that, for poss es s ion of marijuana
3
of a fire bomb .
That is what I was convicted of in
4 Isla Vista, California.
5 The next conviction was Miami , Florida, about
6 a year and a half ago , on a plea of guilty to possession
7 of marijuana.
8 And I have not been convicted of anything since
9 that case is on appeal.
10
Q ivha t prison did you escape from?
11
A California State.
12
Q
Tell us, pl ease , approximate ly how much
13
marijuana was involved as to the conviction --
14
A Seven joints.
Seven marijuana cigare ttes.
15
Q Which case are you referring to?
A When I was a kid.
17
Q Next?
18
A In California -- The next one was Mi a mi.
I
19
think I would be safe in saying it was less than a quarter
20
of an o unce . I think it wa s some thing like eight or ten
21
grams or something like that.
Q Go on.
22
23
A The next conviction wa s for a very -- again a
very small amount of marijuana ; certainly not any grand
24
scale.
25
I don't remember how much . It wasn't e nough to
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1   PARK ROW. N . Y . 1 0036 PHO N E S' 349-3106-9


1
2
3
4
5
6
Eder
really talk about it.
Q
Under an ounce?
A
I believe so, but I'm not sure on that one.
Q
Under a pound?
A
Here we are dealing I believe so. Here we
7 are dealing with a case in 1964 in San Francisco.
8
In the 1968 case, I think there was a pound
9 involved in that, in the 1968 case.
10
In the case in Santa Barbara, which took place
11
in '70 or '71, we are talking about a joint or maybe two
12
joints. That was all that was involved in that one.
13
I believe the one in Miami was 5,300 pounds.
Q Any others?
15
A Any other convictions? None.
16
Q \Vhat l.'laS the stolen property?
17
A Some wigs.
18
Q You have told us you have done various time
19
in jail. Would you tell us, please, taking each conviction
20
that resulted in a jail sentence, tell me what the sentence
was?
21
A As a kid, I went to the reformatory. The
22
second conviction was probation. The third conviction,
23
which took place in 1959, resulted in my going to, first,
24
to the United States Public Health Service Hospital in
25
BLITZ REPORTING CO.
15 PARK ROW, N.Y. 10038 HONFS: 349-31 8-9
1
...... ----
LY
2 Lexington, Kentucky a nd then to the United
States Peni t e n-
3
tiary in Atlanta, Georgia.
4
Q Would you go on, please?
e
5
A 1964, the conviction in San Francisco,
6 California resulted in, 1964 to 1 968 , I was in Folsom
7
Prison, Califor nia's maximum custody p rison.
8
The 1968 conviction -- that may have been '68,
9
'69. It might have been '69.
In fact, I bel i eve that was
10
a 1969 conviction, a nd I went to the California Rehabilita-
11
tion Center in Corona , Cali f ornia.
12
In the 1970, 1971 conviction, I was sent to
13
Chino, California, San Quentin, Soledad, Folsom, CMC,
14
Tehachapi, San Quentin, Folsom, CMC, San Quentin, Folsom,
15
CMC. Tha t was my i t inerary.
16
Q Is that i t?
17
A Yes , that 's it.
18
Q You h ave spent no othe r time in jail other
19
t h a n what you told us?
20
A I have been in a lot of j ai ls. We are talking
21
about my convictions.
Q Tell me about other jails you have been in.
22
A I can't count them.
23
Q Appr oximately how many?
24
25
A Fifty. I have been in fifty j a ils.
BLITZ REPORTING CO.
15 PARK ROW . N.Y. 1 0038 PHONES: 349- 3 \08· 9


1
Eder
2 Q
Have you been a heroin addict?
3
A
Most definitely, for eleven years.
4
Q
Have you spent more than half your life in jail?
5 A
I have spent approximately 18 years in jail and -
6 I am 48.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q
Have you ever told anybody you spent half your
life in jails?
A It's very possible.
MR. KAHN: Objection as to form. You
have to be more specific as to when and who.
Q Did you ever tell Mr. Albert Goldman you have
spent half your life in jail?
A It's possible, since when I first met Albert
Goldman I would have spent half my life in jail.
Q Going to the -- It was 5,300 pounds
A I haven't been in prison for that.
Q Do you know why?
A The case is on appeal.
Q Is there a sentence that has been passed?
A Three years.
Q What court does that derive from?
A Miami.
Q Your alleged reputation as an honest outlaw
was gained therefore in what kind of enterprises, what kind
BLITZ REPORTING CO.
15. PARK ROW, N.Y. 10038 PHONES: 349-3108-9
1
]
1 Eder
2 of activities?
3
A My ·1i fe style.
4 Q Does your life style involve violating any

5 particular law?
6 A Certainly.
7
Q Which?
8 MR. KAHN: I object to that question.
9
MR. MICHAELS: The man claims his reputa-
10
tion is defamed. I asked about what his background
11
is with regard to that reputation.
12
MR. KAHN: You are asking him to identify
13
a specific legal statute.
14
THE WITNESS: Yes, I can identify the
15
statute as the marijuana laws. I have broken all
16
the marijuana laws.
17
Q You have broken the marijuana sale law repeated-
18
ly, have you not?
19
A I most certainly have. I used to sell it to
20
your client.
21
Q You say you sell it. You are speaking in the
22
present tense?
A No, you didn't ask me that. You asked me if
23
I sold marijuana. I sold marijuana.
24
Q De you presently?
25
BLITZ REPORTING CO.
15 PARK ROW, N.Y. 10038 PHONES: 349-3108-9
1
Eder
@
2
A No, I don't have any.
3
Q When did you most recently do so?
4
A Sell marijuana?

5
Q
Yes.
6
A I think that's irrelevant.
7
MR. KAHN: I object to that.
8
A
If you want to ask me when I last sold marijuana
9
to your client, I would be happy to answer that.
10
Q Thank you for your solicitous concern.
11
Are you telling us that your reputation as an
12
honest outlaw was derived from the marijuana business?
13
A Part of it was.
14
Q \·/hat was the other part?
A
15
The outlaw life style.
Q
What does that outlaw life style involve? What
16
17
do you mean?
A
How you live your life as an outlaw:
Do you
18
do business in a correct manner, are you honest in your
19
20
present dealings with other outlaws and other people.
T2
Q With regard to the cases that you have told us

21
about that involved either your arrest or your conviction
22
A
Excuse me, I want to clarify that.
I am not
23
stating on this record that what I told you about my ar-
24
rests is the sum total of my arrests.
Let's make that very
25
BLITZ REPORTING CO.
15 PARK ROW, N.Y. 10038 PHONES: 349.3\08-9
1
Eder
25
2 clear.
I don't want anybody to come back and tell me I
3
lied to you.
I am just dealing with my convictions.
I
4 can remember the convictions; I can't possibly remember

5 the number of arrests.
I have been arrested ten times
6 in one week.
7
Q
Could the number of arrests be possibly over
s a hundred?
9
A The number of arrests are all on the rap sheet
10
and sometime.between now and the time we go to court, that
11
rap sheet will appear.
12
Q In the course of any of the arrests or the
13
prosecutions resulting from those arrests, whether or not
14
they led to convictions, did you ever give information to
15
any government investigative or prosecutorial agency?
16
MR. KAHN: I object to that question again
17
on the grounds of the breadth and I ask you to be
18
more specific about what you were talking and ·when.
19
MR. MICHAELS: Off the record.
20
(Discussion off the record.)
MR. MICHAELS: Back on the record.

21
Q Mr. Eder, have you ever given information, in
22
the course of any criminal investigation or prosecution,
23
to the United States Customs Service?
24
A At no time.
25
BLITZ REPORTING CO.
15 PARK ROW, N.Y. 10038 PHONES: 349-3108·9
1
Eder 26
2 Q To the United States Coast Guard?
3
A At no time.
4
Q To the United States Drug Enforcement Adminis-
5
tration or its predecessors?
6 A Only to the United States Drug Enforcement
7 Administration and I stated prior to that what that in-
8
formation was.
That information was dealing with a leak
9
they had in.their computer. There was a method of gaining
10
access to information coming out of their computers and I
11
plugged that leak for them.
12
Wait a minute, I want to finish stating that
13
I have an understanding with government agencies I wi°ll at
14
no time be asked questions that may lead to an arrest or
15
conviction.
16
Q Have you ever given information to the FBI?
17
A Oh, yes, definitely.
18
Q How many times?
19
A Once.
20
Q Under what circumstances?
A I made a deal with the United States Government

21
Federal Bureau of Investigation to ascertain whether or not
22
their telephones were in fact capable of being tapped. I
23
then tapped their telephones and sold them that information
24
in order to get myself and other people out of problems with
25
BLITZ REPORTING CO.
15 PARK ROV.'. N.Y. \0038 PHONES: 349-3108-9


1
Eder 27
2
the United States Government.
3
Q
Did you ever give the information to any United
4 States attorney, assistant United States attorney or as-
5
6
7
8
9
10
11
12
13
sistant district attorney?
MR. KAHN: I object to the formation of
the question. Specify some definable time period or
locality that he can refer to.
Q Did you ever give information to any assistant
district attorney in the State of New York or in the State
of Florida?
A About what?
Q About any criminal investigation or court pro-
14
ceedings.
15
A Criminal or court proceedings?
16
MR. KAHN: Again, I object as to the form.
17
Are you referring to an investigation or court pro-
18
ceeding with respect to Mr. Eder or an investigation
19
or court proceeding with respect to any other person?
20
Q
I will ask both. With respect to yourself,
21
with respect to an investigation or court proceeding con-
cerning yourself as a defendant or prospective defendant,
22
did you ever give information to an assistant U.S. attorney
23
or an assistant district attorney in New York, Florida or
24
California?
25
BLITZ REPORTING CO.
15 PARK ROVJ, N.Y. 10038 PHONES: 349°3108-9
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3
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5
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8
9
10
11
12
13
14
15
16
17
18
19
20
e
21
22
23
24
25
Eder
A Yes.
Q How many times?
(;;;)
l1?
A Well , I had a case up here and I had cases
down in Florida and I had cases in California . Since I
was appearing propria persona, in many cases I represented
myself and I had reason to come in contact with assistant
district attorneys.
Q With regard to any criminal investigation or
prosecution of any other pe rsons, have you ever given any
information to any investigative agency or prosecutorial
agency in any of those thre e states?
A Let me be very clear about this: With regard
to any informa tion or any testimony that might lead to an
arrest or conviction of any human being, I have not given
a ny informat ion to any agency or a.nyone, period . That will
solve t hat .
Now, I may have g i ven information but I was
always very careful to make it clear that the inf orma tion
that I was giving, I woul dn ' t be asked any questions. I
refused to d e al with any questions that would lead to any-
one's conviction or arrest.
Q You may have given informat ion, with r e gard to
other people, to law e nforcement agencies or prosecutors?
A No . No, b ecause --
BLITZ REPORTING CO.
1 5 PARK ROW. N.Y. 10038 P HON ES: 349-3108- 9
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1
Eder 29
2
Q
Did you not just say , "I may have g i ven in-
3 formation "?
4
A
I have given information. I told you that .
I
s have g iven information with regard to the tappi ng of
6 government t e l ephones . The entire governme nt network, I
7 found a way to get into it and I sold them that informa tion
8 and then I found a way to get into their computers, the
9 National Crime Informa tion Center c omputers, and the
10
El Paso Information Center computer. That's it.
11
Q
Those are the only time s you have ever given
12
information?
13
A
That is absolutely correct. Tha t is the only
14
time I have ever given that information.
I hav e made it
15
clear to whomsoever I was dealing with that I would at no
16
time give them any informa tion that might l ead to an ar-
17
r e st or conviction.
18
Q
Yet you therefore are conceding t o us that in
19
c e rta in limited ways you s pecified that you we re an e mployee
20
of certain government --
A
At no time h ave I ever been a n employee of any
21
22
government agency .
Q Have you been paid by - -
23
A At no time have I ever been paid by a ny govern-
24
ment agency for a ny information, categorically.
25
BLITZ REPORTING CO.
1 5 PARK R OW, N .Y. 1 0036 PHO NES' 349-3 1 OB- 9


1
Eder
30
2 Q
Here you paid for the assistance you gave them
3 with regard to the computer or telephone?
4
A
I was not paid even expense money.
I never re-
5 ceived -- They attempted at one time to reimburse me for
6 air fare across the country and I ref used to accept the
7 money they offered to me. At no time has the government
8 ever given me any money except when I came out of prison.
9
Q Did the government provide you with any con-
10
· sideration with regard to any of your cases?
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A Well, of course. That was the deal.
Q
What was the deal?
A
The deal was I gave them certain information in
order to beat certain cases.
The United States Government got me out of
prison in December 16, 1974. I was released from the
California Prison. This was done with the help of the
United States Government. They were.trying to get me out
for a year to work on the possibility of their telephones
being tapped.
Q Did you ever give information concerning a man
named John Draper, known as "Captain Crown"?
A Absolutely not.
Q Have you ever given information to any govern-
ment agency with regard to Hr. Lenny Bruce?
BLITZ REPORTING CO.
15 PARK ROVI, N.Y. 10038
1 Eder
31
2
A Most definitely not.
3
Q
Did you ever give information to any government
4 agency with regard to Mr. Thomas King Forcade?

5
A
At no time. At one time the government agency,
6 at one time attempted to coerce me into giving information
7 with regard to Thomas King Forcade. At the time this took
8
place, I adamantly refused to give them any information
9
whatsoever at the risk of having my deal with the Drug
10
Enforcement Administration go·. down the tubes because this
11
man had to sign something that would allow the deal to go
12
through, and he tried to use that as a lever in order to
13
get him to give me information about Thomas King Forcade
14
and I refused to at that time.
15
Q
Was the information you gave to the government
16
with regard to telephone and computer matters, in your be-
17
lief, of value to the government?
18
A Yes. There are two things that the government
19
is concerned with over and above arrests and convictions,
20
and one is the safety of their personnel and the other is
•·
21
the security of their information.
Q Did you derive the information you gave to them,
22
in part, from information you gathered from one John Draper?
23
A I will not answer that question since it may
24
lead Mr. Draper to have problems with the government and he
25
BLITZ REPORTING CO.
15. PARK ROW, N.Y. 10038 PHONES: 349·310B·9
1 Eder
32
2 certainly cannot afford them at this time.
3 I would like to add to my answer the fact at
4 no time did I give the government any information with

5
regard to John Draper.
6
Q However, you would contend that the information
7 you gave was of high value to the government?
8 A Well, let's put it this way; They traded for
9 it, so they must have thought it was of high value.
10
Q
Do you feel that it 1va.s high level information
11 you were giving?
12
A No, sir. Definitely I tapped the FBI telephones
13 at the height of the Patty Hearst investigation and they
14 freaked.
15
Q So with regard to those limited matters, did
16
you provide. the government with high level information?
17
A I object to that simply because you are just
18
trying to fill out that "high level." Alan J. Weberman's
19
line in The Village Voice was that I was a "high level DEA
20
informant." That's not my place to ascertain whether or
21
not this information was of value to them. You have to
22
ask the DEA agents I am going to put on the stand whether
or not it was of interest to them.
23
24
Q When was it that you were released from prison
25
with the assistance of the United States Government?
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2 A December 16, 1974.
3
Q
For how long before that had you been in prison?
4
A
I went to prison -- Again, it was the conviction
••
5
that took place in Isla Vista,Santa Barbara, California,
6 and I believe that was 1970 or '71 that I went into prison,
7 and I escaped from prison in December of 1972 and returned
s voluntarily to prison May 8, 1973. I had been in prison
9 for that length of time on that charge.
10
Q
During the spring of 1974, did you ever visit
11
Mr. Thomas King Forcade?
12
A
Spring of 1974 was spent incarcerated in the
13 California prison.
14
Q
I think I am confused about dates. Have you
15
told us that you were released from prison in California
16
in December of '74?
17
A
That's correct. In the spring of '74, I was
18
in the prison.
19
Q
During the spring of 1975 then you were re-
20
cently released from prison with the assistance of the

21
government; is .that correct?
A That's correct.
22
Q
During that period of time, did you ever visit
23
Mr. Thomas King Forcade?
24
A
During what period of time?
25
BLITZ REPORTING CO.
15- PARK ROW, N.Y. 10038 PHONES: 349-3108-9
1
Eder
2
Q Spring of 1975.
3
A Yes, I was intimately involved with Thomas King
4 Forcade in numerous business ventures .

5
Q Were any of the business ventures criminal?
6
A I object to the word "criminal."
7
Q Were any of those prohibited by law at that
8
time?
9
A Yes, they were outlawed definitely.
10
Q
Did you ever visit Mr. Forcade at the Fifth
11
Avenue Hotel at Ninth Street?
12
A Yes. On a daily basis for many months during
13
the time we had that suite.
14
Q
11
V'Je
11
? You said "we
11
had that suite. Were you
15
a partner?
16
A During the time we had that suite -- I will
17
change that.
18
Q What business was carried on at that location?
A
19
What business was carried on at that location?
20
Numerous businesses, I suppose.
Q What businesses, if any, that you know about?

21
A Work on HIGH TIMES MAGAZINE, distribution of
22
marijuana.
23
Q In what kind of quantities?
24
A Hundred pounds, 200 pounds, 500 pounds.
25
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3
4
5
6
7
8
9
10
11
Eder
Q
Were you one o'f the partners in that venture?
A
I certainly was.
Q
And during that time, were you cooperating with
the government?
A Wait just a moment.
MR. KAHN: I object to the form of the
word "cooperating" with the government because I don't
know what it means and I am not sure
A Yes, that's what stopped me.
Q During that time, were you providing information
12 to any government agency?
13
A Yes, I was working at that time on the computers
14
Q What agency was it that you were dealing with
15
at that time?
16
A The Drug Enforcement Agency.
17
Q Did there come a time when the marijuana sales
18
business at the Fifth Avenue Hotel ended?
19
A They sure did.
20
Q Do you know the circumstances under which it
ended?
21
A
22
I wasn't there at the time, but from my in-
23
formation, something happened to the sprinkler system and
24
it went off, thereby flooding the suite and causing the
25
fire department to break into that suite and I believe they
BLITZ REPORTING CO.
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I Eder 36
2 found a quantity of marijuana there. Following that, when
3 the district attorney here in New York attempted to coerce
4 me into testifying with regard to that marijuana belonging
5
6
7
8
to Thomas King Forcade.
Q
Is that Mr. Newgarten?
A That's correct.
Q You say he attempted to coerce you. What did
9
he say?
10
A That's correct. He said he knew I had a deal
11
with the Drug Enforcement Agency to kill the case for me
12
in New York City here based on information that I had
13
supplied to them with regard to the computers, and he
14
attempted to -- I don't know the right word -- quash the
15
deal. He refused to allow the deal to go through unless
16
I agreed to testify or give information against Thomas
17
Kini; Forcade, at which time I told him to "get fucked."
18
Q
Close quote?
19
A Close quote.
20
Q
Thank you.
A And told him my deal with the Drug Enforcement
21
Agency -- and I lived up to my deal with the Drug Enforce-
22
ment Agency -- my deal, at the beginning, with the Drug
23
Enforcement Agency, was at no time was I to be asked for
24
any information that might lead to an arrest or conviction,
25
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1 Eder
37
2 so I didn't have to supply him with that information and
3 if he refused to go along with the DEA, then that was the
4 problem between him and the DEA and to leave me out of it .
5
6
7
Q
Mr. Eder, when you did give information to
governmental agencies, you told us you had an understanding
that information would not lead to an arrest and you would
8 not be asked questions that might lead to an arrest; is
9 that correct?
10
A No. ·11y original deal with the United States
11
Government was simply the deal was made while I was in
12
prison and I told the man he had read me completely wrong
13
if he thought I would trade my prison cell for another
14 man, put another man in my place. We made an agreement
15
at the time, not only was I not expected to give up any
16
information and would not be asked any questions that may
17
lead to an arrest or conviction.
18
Q
Did you ever have any agreement you would never
19
mention anybody's name?
20
A No, I don't think so.
21
Q Your agreement was while you might mention
22
somebody's name, no arrest would result; is that correct?
23
A No. Let's get it straight. You are getting
24
cute again. You get cute a lot. Don't do it.
25
Our agreement was I might be asked questions
BLITZ REPORTING CO.
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2 that would lead to an arrest or conviction. At the time
3 I made my deal with the government, I fully understood the
4 fact there are things that are more important to an in-

5
vestigative agency of the United States Government than
6 arrests or convictions, and those two things are the safety
7
of their personnel and the security of their information
8
and communications; therefore, my deal with the government
9
as to a system in areas dealing with the safety of their
10
personnel or their securities of their information or com-
11
munications.
12
Q But in the course of the information you did
13 get, you may have named names?
14
MR. KAHN: I object to the form of that
15
question.
16
A Yes.
17
Q
Did you ever name the name of anybody who
18
committed a crime, in the course of giving information?
19
A No. Now we can deal with the question. No.
20
Okay.
Q I want to thank you for your compliment on my
••
21
looks.
22
You have told us you know you sometimes repre-
23
sented yourself in dealing with the prosecutors; is that
24
correct?
25
BLITZ REPORTING CO.
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1 Eder
39
2 A
Yes, I was propria persona in a case in Los
3 Angeles County, which I beat, and in Ventura County and
· 4 in Santa Barbara County and San Luis Obispo County I
. s
6
7
represented myself in those cases and those jurisdictions .
Q
Any of those cases lead to guilty pleas?
A
The Los Angeles case was acquittal and the
s case in Ventura, California led to a guilty plea, and the
9 case in Santa Barbara, California led to being found guilty
by a jury, and the case in San Luis. Obispo County led to
10
11
a plea of guilty on an escape charge.
12
Q
There have been times where you have had
13
attorneys representing you?
14
A Oh, definitely. Those are the only times I
15
was not represented.
16
Q The case involving the 5300 pounds in Florida,
17
did you have an attorney in that matter?
18
A I did.
19
Q
Who was that?
20
A During the case?
Q Yes .
21
A During the trial itself?
22
Q Yes.
23
A Michael Kennedy.
24
Q Did he resign as your attorney?
25
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He did.
3
Q Did he give a reason for it at the time that
4 you know of?
5 A He did .
6
Q What was that?
7
A He said he didn't want -- he wouldn't defend
8 people that worked with the gover nment .
9 Q
In fact , did he call you an informant?
10
A He did .
11
Q
Did he express shock you had not told him?
12
A Yes.
13
Q Had you told him?
14
A No .
15
Q
So you did not inform your attorney that you
16
had a relationship with governmental agencies?
17
A That is correct.
18
Q
At that time did you ask Mr . Kennedy to delay
19
before informing anybody of the new fact he had learned?
20
A That is correct , and which he did .
21
Q
And therefore, he later revealed it, with your
consent?
22
A
He did not at my consent .
23
Q Did an allegation that you were shown t o have
24
25
been a government informant and an informant for the DEA
BLITZ REPORTING C O .
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2 ever appear in prin.t that you know of?
3
A Yes, it did.
4
Q Where and when?
5 A
HIGH TIMES MAGAZINE.
'rhe when would be, I
6 think, the Christmas issue two years ago.
7
Q And?
8
A
About a year and a half -- Not this last
9 Christmas but the Christmas issue prior to that.
10
Q Was that statement true or false?
11
A
Let me see it again so I can say what is true
12
and what is false.
13
The statement is false and I will deal with
14
where it is false in just a moment.
15
As far as this is concerned, it states here,
16
and I will· read the heading, "Dope Hero Turns Narc."
The
17
term "Narc" means either someone who is working for the
18
Narcotics Agency for the United States or an informant in
19
narcotics cases for the United States Government.
That is
20
untrue.
It also says here, on the seventh line of this

21
article, it says, "was revealed in court as a government
informant."
That is untrue. Never came out in a court of
22
law.
23
MR. KAHN:
Are you introducing this· into
24
the record?
25
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(2·
MR. MICHAELS: Would like it? you to mark
3
MR. KAHN: Yes.
4
MR. MICHAELS: Fine.
• 5
Q The false allegation that appeared in print in
6 HIGH TIMES MAGAZINE that you had been revealed in court to
7 be a narc, did that cause you a loss of income?
8
A Yes.
9
Q What income?
10
A
Income derived from the marijuana business.
11
Q
Did it cost you any loss of income in your
12
yachting business?
13
A No.
14
Q Did it cost you any loss of income in any other
15
businesses?
A I don't think so.
16
17
Q
Did it cost you any loss of reputation as an
18
honest outlaw or otherwise?
19
A Most definitely.
20
Q
In fact, isn't it the kind of allegation you

21
are complaining about in this case?
A Most definitely, but not quite as strongly
22
because there was no specificity as to what it was I was
23
supposed to have done within the HIGH TIMES article.
24
Q In fact, is it your opinion that the HIGH TIMES
25
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43
2 article caused much more damage to your income as an out-
3 law?
4 A Possibly.

5 Q
Have you, 'to' this date, taken any legal action
6 against HIGH TIMES MAGAZINE or Transhigh Corporation?
7 A No, I have not, but that was simply because at
8 the time I was not in a position to do so and I am glad you
9 brought that to my attention, because we intend to do it at
10 ·this point.
11
Q Did you ever complain in writing that the in-
12 formation published therein was false?
13
A No, not in writing.
14
Q Did you ever complain orally that it was false
15 to HIGH TIMES MAGAZINE?
16
A No, Thomas King Forcade.
17
Q What did you say?
18
A Told him it was bullshit and
19
Q What did he say?
20
A Be that as it may, Thomas King Forcade and I

21
were in business with the marijuana and he cheated me out
22
of a large sum of money and that is what was the basic
23
argument originally.
24
Q How much marijuana did you and Thomas bring
25
into the country during the course of that business?
BLITZ REPORTING CO.
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( 44 )
U/
2 A Many thousands of pounds.
3
Q
How many different importations were involved ,
4 approximately?
5
A
Three .
6 Q By airplane, ship or how?
7
A By boat .
8 Q So in fact there came a time when you felt that
9
Thomas King Forcade cheated you out of a l arge sum of money?
10
A He did .
11
Q When was that?
12
A
When did I l e arn he cheated me out of the
13
money?
14
Q Yes .
15
A April , 1 97 7 .
16
Q
And so after Apri l 1977 , what was your opinion
17
of Mr . Forcade's honesty?
18
A
I stopped doing business with Mr. Forcade a t
19
t hat point and took my money back a way from him.
20
Q What was your opinion of Mr. Forcade?
21
A That he was a c h ~ a t   that he was not an hone st
outla\·1 .
22
23
Q Did you ever tell a nybody that?
A Tom Forcade .
24
25
Q Anyone else?
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45
2
A No, I didn't feel it was necessary. A lot
3 of people knew about it. Yes, I did tell a lot of people
4 in the business so they could protect themselves from Mr .
5
6
Thomas King Forcade.
Q Did you ever complain in writing to Mr. Michael
7 Kennedy about his having said you were a narc or drug
s agency informant?
9
A No.
10
Q Did you ever complain orally to him about that
11
statement?
12
A Yes.
13
Q What did you say?
14
A You know, I said that since that wasn't true,
15
that I felt he was wrong in saying that.
16
Q What did he say?
17
A He said, well, you know, he said we are all
18
entitled to our opinion. In fact, I think it was his words.
19
Q Did you ever take any legal action against him?
20
A No, I haven't yet.
Make a note . I am suing him too. Let's simplif
21
that.
22
Q Do you have any claim to any secret, confidentia
23
conversations with Mr. Kennedy about your status as an
24
alleged informant on narcotic cases?
25
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T3 2 A I am not sure I understand what you are talking
. 3 about.
4
Q You have told us something about conversations

5
\vi th Mr. Kennedy, your former attorney, concerning the
6 allegation which he made which was reported in HIGH TIMES
7 that in fact you were a narc informant.
8
A Did I?
9
Q I am saying, are you claiming there was any
10
other conversation with him with regard to your status as
11
an informant which was secret or confidential?
12
A Yes, all of it was secret and confidential. He
13 was my attorney.
14
Q Were any of those secret and confidential con-
15
versations concerning whether.or not you were in fact a
16
narc informant?
17
Most definitely.
18
Q You have told us that you wished to consider.
19
bringing legal action against Mr. Kennedy. I take it you
20
would not object to his testifying about your conversations

21
concerning your alleged status as a narc informant?
A l'lould I object to that? I already object to
22
that. I object to his having violated the attorney-client
23
relationship and it has just dawned on me, sitting here in
24
your office, I should take legal action against him.
25
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2 Q
You are saying he violated a confidence that
3 in his opinion you were a narc informant?
4
A That is correct.
5
Q You are contending there were conversations you
6 . had with him in which that was discussed in which you ex-
7 pected and hoped would be kept secret?
8
A Yes.
9
Q
During those conversations, did you and he dis-
10
cuss your activities , however limited, in assisting the
11
government?
12
A Correct.
13
Q
Have you ever given information to any govern-
14
ment agency concerning a narcotics investigation or prosecu-
15
tion?
16
MR. KAHN: I am going to object to that . .
17
The question was asked and ~ n s w e r e   earlier.
18
19
Q Were there other places , aside from the Fifth
Avenue Hotel , where you and Mr. Forcade conducted an outl aw
]
20
business , as you cal l it?
A I don't have to
21
MR. KAHN: I object to the question and
22
direct him not to answer .
23
A Hold it. I will answer the question but I won 't
24
get into any specificity.
25
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1
2
3
4
5
6
Q
A
Q
A
Eder
Yes, We are involved.
Were there, in fact, several other places?
Yes.
Where do you live?
In my suitcase. I do not have a permanent
7 domicile.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q
Do you own real estate in Manhattan?
A No. I don't own real estate anywhere.
Q Are you a partner, member of a firm or share-
holder in any business which owns real estate in Manhattan?
A No.
Q Do you own any boats?
A No.
Q
What is your business. at this time?
A I'm a corporation in New York.
Q Which does what?
A Sells ears.
Q E-a-r-s?
A Sells ears.
Q Is that the sole business of that company?
A At that point, yes.
Q What is the name of the company?
A Picaresque of New York.
Q What business did that corporation normally
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49
2 conduct?
3
A
Conducting no business besides that.
]
4
Q
Have you made arrangements for any improvements

5 on any real estate in Manhattan within the last two years?
6 A
I don't know what that means, so I can't answer.
7 Would you be a little more specific, you know, instead of
s being a lawyer?
9
Q Have you arranged for services of architects,
10
carpenters, electricians, renovators, restorers; rebuilders
11
or any other persons whose business is involved in the im-
12
provement of realty?
13
A
I worked on it for a while but nothing came to
14
fruition.
15
Q
A building at what address?
16
A I don't know the address. It was in the
17
twenties but I didn't buy the building, so that's
it
18
was a plan to buy a building through a corporation I was
19
involved with and the plan never came to fruition.
That's
20
all.

21
Q Are you telling us then that at one time you
made a contract to purchase a building but did not close
22
the deal?
23
HR. KAHN: I object to that.
24
25
A No, I didn't make any contract to purchase any
BLITZ REPORTING CO.
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building.
3
Q
What was the price of the building which you
4 didn't buy?

5
A How does that relate?
6 MR. KAHN: I object to this entire line
7
of questioning for the reasons it is totally im-
8
material to any defense that may be legitimately
9
raised ·in the action and there is no indication what
10
Mr. Michaels is talking about and I think it is un-
11
fair to ask the witness to respond. I am not sure.
12
what you are talking about and I am not sure my
13
witness does either.
14
Q Do you have any business other than the·
15
Picaresque business you have told us about?
16
A What other businesses do I have or what other
17
businesses do I project?
18
Q What other businesses are you conducting now?
19
A In the United States, none.
20
Q Outside the United States?
A Various other business ventures .

21
Q Such as?
22
MR. KAHN: I am going to object.
23
HR. MICHAELS: I am going to object to
24
your objection. The claim is that there is a dero-
25
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a nd I am  
2
gation of his business and income
3 what business he is in.
4 A
Let me think about that. I am in t he opal
5 business in
6
Q
You mean the cars or qem stone?
7 A Gem stone .
8
Q Anything else?
9 A That's it.
10
Q You are not in any yachting or boat-oriented
11
business?
12
A
Yes , I am, but I'm not making any money at it.
13
Q What does that business involve?
14
A
Involves owning a piece of a corporation that
15
owns and charters boats.
16
Q How many boats does that company own?
17
A At this point, one .
18
Q Where is that business locat0d?
19
A I prefer not to answer that.
20
Q
Is y our attorney objecting to it?
21
A I don't n eed my attorney to tell me not to
22
a nswer the question.
23
Q Wher e is your boating business loc ate d?
A Off the record .
24
25
(Di s cussion o f f the record .)
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2
MR. MICHAELS: Back on the record.
3 A In the Caribbean and further than that, I would
4 rather not state, and the reason I would rather not state

5 it is simply because I already have J:ieen injured by this
6 party and I don't want that information available to this
7 party.
8 Q Under what jurisdiction? What island or
9 locality?
10
A That is exactly what I'm telling you I am not
11 going to tell you.
12
MR. MICHAELS: Off the record.
13
(Discussion off the record.)
14
MR. MICHAELS: Back on the record.
15
Q You are not making any money from that this
16
year, the boating business?
17
A No.
18
Q Did you make any money from it last year?
19
A Yes.
20
Q About how much?
A A few hundred dollars.

21
22
Q Did you make any money from it the year before
that?
23
24
A I wasn't in it the year before that.
25
Q How about the opal business; are you making any
BLITZ REPORTING CO .
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money this year?
3
A A few dollars.
4
Q Make any money in it last year?
-
5
A I wasn't in it last year.
6 Pardon me , that's wrong . I was in it last
7
year and no , I did not make any money in it l as t year.
8
Q What are you making money in this year?
9
A Nothing . It is a pretty bad year so far.
10
Q What did you make money in last year?
11
A I said I made a few dollars in the boat
12
business l as t year. Maybe two, three hundred dollars.
13
Q What else?
14
A That's it.
15
Q How did you support yourself l as t year?
16
A I didn't.
17
Q How did you buy food?
18
A I didn't.
19
Q You did without food all year ?
20
A No. I didn't buy any food .
Q You are telling us that your only income fo r
21
the year or the only income was f rom those businesses?
22
A From thos e businesses.
23
Q l".111a t was your total income for the year 1976?
24
A Maybe three, five, four hundred do llars.
25
BLITZ REPORTING CO.
15 PARK ROW. N . Y. 10038 PHO NES: 349-3108-9
1
Erl.er
2 Q
How about 1977?
3
A Probably about the same .
4
Q How about 1978?
5 A I don't know. I can 't deal with that because
6 I don't know how much I made because I don't keep any re-
7 cords, but that's what I figure I made.
8
Q You do keep copies of the tax returns you file,
9 do you not?
10
A No, I don't have any tax returns. I don't file
11
income tax.
12
Q You don't file any income tax anywhere?
13
A That's correct .
14
Q
How much did you make from the marijuana
15
business , let's say, in 1975?
16
A I have no idea.
17
Q
1976?
18
A I don't know.
19
Q
1977?
20
A Don 't know.
Q 1978?
21
A Don ' t know .
22
Q 1979?
23
A Don 't k n d ~  
24
Q You have been in the marijuana busi ness in 1979?
25
BLITZ REPORT I NG CO.
15. PARK ROW, N.Y. 10038 PHONES' 349-3108-9
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2 A No.
3
Q I ' m sorry . I thought you said you didn ' t know
4 how much you made in the marijuana business in 1979. Are
5 you saying you don ' t know because you were in the business
6 or you don't know --
7
8
A I'm saying I don ' t know because I have n't been
doing anything in 1979 in the marijuana business . I haven't
9 been in the marijuana business in 1979 , but I was in t he
10
marijuana business prior to 1979.
11
Q Up through 1978 , perhaps?
12
A Sure .
13
Q You t old us about a dispute with Mr . Forcade
14
t hat led you to feel he cheated you out of a substantial
15
sum of money. How much money was that?
16
A It wasn ' t money ; it was marijuana.
17
Q How much marijuana was it?
18
A Fifty pounds .
19
Q How much does that go for?
20
A It depe nds on your neighborhood .
Q
21
Appro ximately at that time, l et 's say in the
22
neighborhood in which the act you were complaining about
occurred?
23
A l\.bout $200 a pound. It was in Florida.
24
Q About $10 , 000, maybe?
25
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But you see, in the
A Yes, about ten grand.
3 course of this there is a cost of doing business; the cost
4
of doing business is all of it.
I don't make any profits,

5
so I don't pay any taxes. It's obvious what I am saying
6 is I don't pay any taxes to the United States Government
7 and I don't have any intention to pay taxes to the United
8
States Government. Therefore, I am not going to state
9 under testimony that I made any money on any ventures.
10
Q Have you ever or do you ever intend to pay
11
taxes to the State of New York or the State of Florida or
12
any other state or municipal jurisdiction?
13
A I don't intend to pay any taxes to any govern-
14
ment agency in the world at any time at this point, Since
15
I am an anarchist., I don't believe in government.
16
Q
Have you done that in the past? Have.you made
17
out tax returns and paid taxes?
18
A I can't ever remember making a --
19
Q To any state or municipal government?

20
21
A I have sort of a deal with the government.
Whatever they get is theirs and whatever I get is mine .
Q This deal, is this like the other deals you
l
22
are telling us about where you made a specific agreement
23
with some government official?
24
A I have no agreement with any government
25
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2 official.
I just decided I'm not going to pay any taxes.
3 Q
You used the word "deal," as a joke?
4
A
I have, at times, say, for a few days, worked

5
and the monies that I may have earned would have been,
6 would have had withholding taxes taken out of it, and if
7 there was any withholding tax which was taken, I never
8 filed to get any back and I let the government keep that
9
but I did not file income tax.
I just refuse to file it.
10 I don't pay any attention to that.
11
Q
Where did you get the money to use to go in
12
the boat business?
13
14
A I didn't put any money in the boat business.
They pay me a small amount of money for advice.
]
15
Q We are all aware that legal proceedings are
16
expensive. How do you finance legal proceedings; from
17
what source of income?
18
A
My attorney, at this point, does not charge
19
me any money.
He has -- I believe he used the term ''pro
20
bono." Is that the term? Pro bono publico.
Since I don't

21
pay this poor fellow, we are wasting a tremendous amount
of time.
I don't pay any attorney.
22
23
Where did I get the money to pay Michael
Kennedy?
From the marijuana business. J
24
..
Q
In fact, over the course of your dealings
in
25
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2 the marijuana business , you have taken in a great deal
)
3 of money , have you not?
4
A Yes, but I didn't make any. The cost of doing
5 business was always just about exactly the amount of the
6 marijuana business.
7 Q Would you say , perhaps, over the cours e of
8 your lifetime you have taken in more than a million dollars
9 in t he marijuana business?
10
A ·rf the question is, has a million dollars gone
11
through my hands in the marijua na business, yes .
12
Q So given the income position that you are tell-
13
ing us that you have at this point , you are not claiming
14
that Mr. Weberman 's article caused you any loss of any in-
15
c ome in the opal or boat business, are you?
16
A · I'm claiming that it caused me not to make any
17
money and that is why I haven't made any money, because
18
there are certain peop le who have ref used to do business
19
with me based on the fact Weberman ' s article states I am
20
an informant and who have testified before a grand jury
21
in Brooklyn .
Q l·vho were thos e people that refused to do
22
23
business with you as a result of the articl e ?
A Well, I attempted to hire someone for the
24
25
magazine that I ha d projected for the future , recently,
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and that person said, "If I want a cop, I will
3 police station.''
4 Q With regard to your earnings in the opal

5 business or boat business, are there any earnings that you
6 have lost as a result of the publication of this article?
7
A Yes, I believe so. There is a fellow in Texas,
8 his name is Ray
9
Q Ray what?
10
A Carter.
11
Q Do you know his address?
12
A No, not at the moment, but I will certainly
13
get it for you.
And Ray Carter refused to become involved
14 with me in the opal business over the incident.
15
Q
Had you previously been involved in the opal
16
business with Mr. Carter?
17
A No.
18
Q
That was only a plan possibility?
19
A The venture.
The venture specifically went
20
down because of this article.

21
Q Did that venture produce any income to you in
22
the past?
A No.
23
Q
Do you ever charter your boat to smugglers?
24
A No.
25
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2
Q Outlaws of a ny kind?
'
J
'..______/
3
A Not to my knowledge .
4
MR. MICHAELS: Let ' s take a recess.
5 (Reces s taken .)
6 BY MR. MICHAELS:
7
Q Do I understand correctly you have told us
8 that your only income from legitimate businesses , duri ng
9 1977 and 1978, was a few hundred dollars?
10
A No. You understand correctly as stating that
11
that is all I wish to state that I had made simply becaus e
12
I don't want it to appear anywhere on the record that I
13
have stated more than that because I don't want the govern-
14
ment, at some point , to come back to me and say why didn ' t
15
I pay taxes on it.
16
Q Did you lose   ~ y money on a ny existing legi timat
17
business as a result of the publication of the article?
A
18
Yes , I did. It has caused me - - It has caused
19
me to postpone the publication date of magazine that I have
20
been planning for the past year.
Q Did you have any income from that magazine in
21
the past?
22
A No , it was just a projected income.
23
24
25
Q Is there any existing business that provided
you with income which has been harmed economically by thi s
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21
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publication?
F
vi
MR. KAHN: I have to object to that
question on the grounds it already has been asked
and answered.
MR. MICHAELS: Off the record.
(Discussion off the record.)
MR. MICHAELS: Back on the record.
A Yes. The reason I have not done any business
in the marijuana business in 1979 is primarily based on
this article.
Q In fact, the primary loss economically you had
as a result of this publication is the decline of your
marijuana business, is it not?
A Exactly.
Q That is the overwhelming and predominant thing
that the case is about, isn't it?
A Yes. It most certainly is. I think I can
answer that that is true.
Q
Thank you.
Off the record .
(Discussion off the record.)
MR. MICHAELS: Back on the record.
Q You have told us about your belief that that
article was published with malice?
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2 A Correct.
3
Q
What do you believe the origin was of that
4 malice?
5 A
My refusal to any longer sell marijuana to
6 A. J. \•leberman at very good prices.
7 Q When was that?
8 A I stopped selling it to him around June of
9 1977. I believe that is the last transaction, June of
10
1977. It may have been July, ·but I don't remember, but in
the summer, spring or summer of 1977 I stopped selling to
11
12
him.
13
Q You stopped because you believed the selling
14
of marijuana was wrong, against the law or some other
15
reason?
16
A No, I cut him off,
17
Q Why?
18
A Because I decided he was a pain in the ass.
19
Q Didn't you leave to1vn about that time because
20
of the article that appeared in HIGH TIMES that claimed
21
you were·a narc informant?
22
A Excuse me. The time I stopped doing business,
I cut him -- cut A. J. Weberman fr'om his supply of
23
marijuana took place in June or July of 1977. The publica-
24
25
tion in question is, the HIGH TIMES article appeared in the
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15 PARK ROW, N.Y. 10036 PHONES: 3.:9-3108·9
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63
2 De c emhe r i s sue which proba bly came out i'lround the e nd of
3 Oc t o ber or the beginning of NovembP-r .
4
Q
When wa s it that Michael Ke nnedy made the
5 sta t ement that you were a n a rc informant?
6 A I believe around Labor Day of that same ye ar
7 and I had cut him off months before that .
8
Q
That was during the time you were working
9
for the government age ncy you have na med in the limite d
10
way you have specified?
11
A No.
I had not wo r ked for those go vernmen t
12
agencies . I worked twice for the Feder a l nur e au of In-
13
ve stiga tion on the telephone deal in 1975 and I worked
14
with the governme nt on the othe r case , t he computers , in
15
1976 , so it was , like , at lea st a minimum of a y ear ha d
16
gone by since I had anything to do with the gover nme nt .
17
Q
Let me show you this document, sir , Rnd ask yo u
18
if this is your complaint iri the case we a re di scuss ing?
19
The summons is o n top and the doc ument be low tha t is the
20
one I am refer ring to .
A Ye s , I think so . It l ooks like it.
21
Q Tha nk you . At the time of the e vents tha t you
22
are complaining a bout in the lawsuit that we are dis cussing
23
today , your complaint state s in paragr aph 6 that you were
24
self- employed as e ntrepreneur a nd ventur e capitalist ; is
25
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15 P A RK ROW, N . Y. 1 0 038 PHO NES;    
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64
2 that true?
3
A I'm not sure what "venture capitalist" is. I
4
am an entrepreneur . I don 't have a capital to be a venture
5 capitalist and I know a lot of capitalists with money and
6 I put together a lot of deals .
7
Q ivhat do you do when you put together deals?
8
A I'm trying to put together a magazine . I have
9
received commitments for large sums of money to put this
10
magazine out, and because of · this article , I have not been
11
able to hire certain parties who have refused to work for
12
me simply because of this article and this kind of a rep uta-
13
tion .
14
Q ivho has made commitments to finance your ve nture
15
you are telling us about?
16
A Certain people in the Caribbean .
17
Q Who?
18
I'm not going to tell you that. If it becomes A
19
necessary a t trial , if it is up for question , I suppose I
20
wi ll bring these people in.
Q If there is going to be a trial, it is ne c essary
21
for you to establish a b as is on which to proceed. I a sk
22
you if the basis of the statements in the complaint are
23
true a s to what your income was, and if you are telling
24
me you list specific monies , I have to ask you to ide ntify
25
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4
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65
which moni e s and from whom.
A Time out.
(Recess take n. )
MR. MICHAELS: Bac k on the record .
A My answer to that is I can list three peop le
and at the time of the trial . When it   ne cess ary,
I will be very happy to give up thos e names , but at this
point in time , since I have   damaged maliciously by
Mr . ·weberman, I have every reason to he lieve those names
I may give you at this point will also be damaqed by Mr.
Weberman in print and the refore , prior to asking these
people if I use their names, I c a nnot give you· their
names . However, I will agree that be fore the month of
February is out, to transmit those names to you . That is
as far as I can go . I can ' t give you those p eople's names
unti l I ask them.
Q As a r e sult of the alle gations in the a rticle
you a r e compl a ining of, are there a ny other monies that you
list?
A I think I have already answered that , with re-
gard to not being in the marijuana busine ss in 1979 simply
b e cause people don't want to do business with me , based on
this article by Weberman .
Q Is it your op inion you have the r ight to be in
B LI TZ REPORTI NG CO.
15 PARK ROW, N.Y. 10036 PHO NES' 349-31 0 6·9
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66
2 the marijuana business?
3
MR. KAHN: I am going to object to that
4
on the grounds it calls for an opinion which is
5
not legally material or admissible and therefore
6 it is not relevant to the deposition.
7
Q Your complaint says in paragraph 6 that at the
s time of the events complained of herein, you were self-
9
employed as an entrepreneur and venture capitalist. Are
10
the bases you told us about the extent of your effort as
11
an entrepreneur and venture capitalist, that is, the pro-
12
posed magazine, the opal business, the boat business and
13
the marijuana business? Is that all the businesses you
14
\Vere in?
15
A Let me state this. That is correct except for
16
the fact that up to th.is point in time, my attorney, Mr.
17
Marc· Kahn, had no idea of the fact I was in the marijuana
18
business. That is the first he learned of that, so we will
19
clear the record.
20
Yes, that is true, other than having losses --

21
I can only think of one loss in the opal business, but I
can think of three losses in the magazine business.
22
Now, since the money has already been put up
23
on the magazine, I believe that I can prove in a court of
24
law I have in fact been injured in the magazine business.
25
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1
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2
MR. KAHN: For the record, he has also
3 testified earlier that he is involved in the ear
4 business.
5 Q
The businesses you are talking about are in
6 the proposed magazine business and marijuana business and
7 the sympathetic ear business? You lost business in the
8 ear
9
A
I lost business in every area because social
10
ostracism took place by virtue of this article.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q
You say you will do -- You mean by that you
have
A
I think I can prove -- we can prove in a court
of law, when we p.it people on the stand, they in fact did
not enter into business dealings with me or refused to go
ahead with business dealings, agreements we had prior to
this article appearing.
Q
But in 1978 your total income was two or three
hundred dollars; is that correct?
A My statement is, here again, my statement is I
keep no records because I don't intend to pay the govern-
ment any taxes on what I earn in any area, so when people
ask me how much money I made last year; I generally tell
them less than what it costs, less than what the figure is
for paying taxes. That is how I figure my income as less
BLITZ REPORTING CO.
15 PARK ROW, N.Y. 10038 PHONES: 349-3108-9
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2 than taxes .
3
Q How much has your income declined since the
4 article was
5
A Half.
6 Q Half of what?
7
A
The few hundred dollars that I made last year.
8
Q Therefore, you are saying your business losses,
9
in your various businesses , come to half of a few hundred
10
dollars?
11
A I a m in a cross here . I am damned if I do and
12
damned if I don't. I ' m stating that because of the Internal
13
Revenue Service having access to what is in fact the publ ic
14
document, which I am dictating at this point , that I don't
15
want to state I made more money than that . My primary
16
objection to these lie s that were printed about me is
17
social. My attorney, however, tells me that I must show
18
financial damage in order to make my case stronger . I
19
don ' t care if my case is stronger or not stronger. Mr .
20
\veberman malicious ly defamed me in print a nd my s tatement
is this has hurt me socially much more than it has hurt
21
me on a business level, which is the purpose .
22
So whatever discussion that you get into with
23
regard to my fina nces is pretty much a dead end because we
24
are not going to get anywhere. I am not going to admit to
25
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2 you having made more money than I would have to pay taxes
3 on.
4 I would like to make one point

5 MR. KAHN:
On the record he has already
6
testified that he has lost business opportunities for
7 investment in various business ventures which have
8 resulted in lost income opportunity for him in the
9 future as well as present and past.
10
Q
How many dollars, approximately, do you feel
11
you lost already as a result of the publication of this
12
article?
13
A I don't know, but I will state this, that I
14
have one person, one of the three people who I will or will
15
not give you the names, depending on whether or not they
16
are willing to give their names up, and one of these people,
17
since the article, refused, changed his mind with regard to
18
investing $100,000 in a magazine. That is a substantial
19
sum of money.
20
Q What is the name of the magazine you proposed?
A OUTLAW.

21
Q Is that about criminal business?
22
A Yes, .of course. · It is about those outside the
23
law.
24
25
Q Did you discuss these losses and your various
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2 busines s los ses and lost oppo rtuniti es with your attorney
3 prior to today?
4 MR. KAHN :
I am going to object to tha t
5
on the grounds t hat is a confidential matter. That
6
is not subject to y our disclosure . I wi ll ob j ec t t o
7 any line of questioning that has to do with what he
8 has discussed with his attorney , a s I am sure you
9
would.
10
Q I believe you t old us you are a part owner of
11
a company that owns a boat; is that correct?
12
A 'That's correct .
T4
13
Q You are aware, I assume , your complaint s t   t e ~
14
in paragraph 6 that you were the sole owner of a boati ng
15
and yachting business?
16
A Does it s ay that?
17
Q Which is correct?
18
A That i s correct , I own more than one boat.
19
Q How many boats ?
20
A The company I own, solely owns a boat in Ne w
21
York. Okay ?
Q Ri ght .
22
A I own a s mal l piece of anoth er company tha t owns
23
another boat in the Caribbean. The company that owns the
24
boat in New York is called Picare sque .
25
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Q Is that the ear bus iness?
3 A But it also owns a boat .
4 Q Does the ear business use the boat?
-
5 A No.
6
Q Where is the boat in the Caribbean?
7 A I told you I won ' t tell you that.
8 Q Do you own any pieces of any other boating
9
businesses?
10
A No.
11
Q How much money did Pi caresque make in its boat-
12
ing bus iness i n 1 977, 1978?
13
A Picaresque only came into business in 1978 and
14
it has not earned any money off its boating ve nture.
15
Q What about the other boating bus ine ss in the
16
Caribbean that you don 't want to discus s the l ocation o f ~
17
how much has that made?
18
A The company?
19
Q Yes.
20
A I don't know . Maybe the company made f ifty
21
thous and last year b ut I onl y own a s mall piece of that
22
company .
Q You didn ' t de rive a ny income from that ?
23
A Ye s , a f ew do l lars , but I don ' t know how much.
24
Q Not much?
25
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A Not much . Again, we are back to the ques tion
3 of what my f inances are , which could go to the Internal
4 Revenue Service and therefore , I don ' t want t o do that
5 and I don ' t want t o lie, but - -
6 Q
I understand your position , but when it says
7 in paragraph 6 you were the owner a nd successful operator
8 of a boating a nd yachting busi nes s , does that refer to t he
9 business which made no money or the bus iness whi c h made
10
some money? · Which bus ine ss doe s that refer to that wa s
11
success ful?
12
A If I am the sole owner, that is the business
1
13
that is the successful business . That would have to be
14
Pi caresque of New York .
15
Q That made no money from the boating business?
16
A -That's right .
17
Q
Do you contend the a llegation in paragraph 6
18
t hat you were the successful operator of thi s business is
19
meant to read t hat in fac t it wa s a money-making business ?
A
20
No . The word " success ful" does not mean money-
21
making.
Q What doe s it mean?
22
A It means if is not unsucces sfu l .
It is in
23
busines s and it is operating a nd it is a success .
I cer -
24
tainly don't want to deal wi th the t erms or the def inition
25
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1 5 PARK ROW, N .Y. 10038 PHONES' 349-3108-9
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2 of the term " succe ss," b ut suc cess is onlv connoted by
3 most l awyer s as being monetary . A sucGessful person is
4 not necessarily a wealthy person.
5 Q In paragraph 7 of your complaint it says you
6 had a good reputat ion for t r uthfulness , worthiness and
7 good character. Which group of peopl e held that opinion
8 of you?
9
A Outl aws .
10
Q So you mean , when you say a mong your fri ends
11
and business associates , in paragraph 7 , you mean other
12
people involved in violating the marijuana law previous l y
13
held you in high e steem?
14
A That is corre ct .
15
Q Are you talking about anybody e l s e ?
16
A I ' m talking about people outside . of t hat, a s
17
we l l.
18
Q
Who are t he peopl e that he ld this opinion of
19
you?
20
]'\ Outside t h e mari juana bus i ness1
Q
Inside or outs ide , would you tell us who it is
21
that you believe fe lt you h ad a good reputation for truth-
22
fulness , worthiness and good character?
23
A Almost everyone I knew.
24
Q Most of the people you knew were in t he
25
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2 marijuana business, I guess; is that true?
3
A No, not most of them. I would say --
4
Q
l"lhat you are really complaining about in this

5 case is the loss of faith of the people in the marijuana
6 business who previously believed you were an honest out-
7 law and came to believe, through the article
8
A
That is only part of it. The other part is
9
the people that come in contact with me on an every day
10
basis . I want it clear that no matter what my complaint
11
says, my complaint was drawn by my attorney.
12
Q Do you agree with it? Is it true?
13
A Yes, it is true but it is not the main thrust
of my argument. The main thrust of my argument is this
15
man maliciously called me a government informant and the
16
society in which we live, a government informant is a man
17
who puts another man in prison for himself and is looked
18
upon as a piranha, and that is the thrust of my argument
19
here. All the rest of it, you are just killing time here
20
by David Michaels going through the garbage. You are going

21
through sheer nugatory verbiage in an attempt to maybe
justify your fee, I don't know, but whatever the point is,
22
you are not touching on any of the real things. The real
23
thing is this man maliciously attempted to hurt me in print
24
25
and he did so with lies and that is what I am fighting. He
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tells me I have to show financial danages.
3 Q
You are referring to your attorney?
4 A
My attorney tells me I have to show financial

5
damages. I am saying that may be the case, but as things
6 stand, it is difficult for me to show financial damages,
7 but it is going to be very easy for me t.o show I was
8 damaged socially.
9
Q
In fact, isn't it impossible for you to show
10 financial damage?
11
MR. KAHN: Objection.
12
A
It's very easy for me to show financial damage
13 with the magazine venture. I have one person, if he is
14
willing to let me use his name, willing to step forth in
15
this case, one person who is willing to state that two days
r
16
after this article appeared in The Village Voice, he called
17
me up and told me, "Hey, Chic, forget it."
18
Q So what you are telling us is in fact that you
19
may or may not be able to show financial damages, but your
20
real concern is

21
22
MR. KAHN: Objection. He already stated
he can show financial damages.
23
A The prime thrust is not financial damage. The
24
prime thrust of my case is I have been damaged on a social
25
level and maliciously, through liable, so we can save a lot
BLITZ REPORTING CO.
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2 of time. My case is, this is what I assume discovery is
3 all about, and taking a deposition for discovery is to
4 find out what I am stating. My case against Weberman, my
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
case against Weberman is simply I stopped selling him
marijuana.
I sold Weberman marijuana for resale and sold
it to him in quantities for resale and I stopped selling
him marijuana for resale in quantity and therefore, he
maliciously attacked me in a newspaper and deliberately
lied and maliciously attacked me in this publication and
I have been damaged by that on a social level as well as
a financial level.
Q
Isn't it true that most of the financial losses
you are claiming are losses to your marijuana business?
A I don't want to say most or least or anything.
I am saying I have been hurt in the marijuana business and
I have also been hurt in the magazine business and also
been hurt in the opal business and I am stating that is
what is going on here. I don't want to play any games.
To continue what I am trying to say, Mr.
Michaels, is I feel you are putting up a smoke screen. At
this point, what we are dealing with is the fact that I have
been damaged. My contention is I have been damaged malici-
ously by A. J. Weberman, socially primarily and business
secondarily.
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2 Do you want to deal with it based on that
3 open and honest statement?
4 Q
I will deal with the questions. You deal with

5
the answers and that is the format for today, if that is
6 all right with you.
7 A Right on.
8 Q
I want to show you an exhibit attached to your
9 plaintiff's complaint in this action, that being a photo-
10 copy of The Village Voice concerning an article. My ques-
11
tion is whether this in fact is the article you are com-
12
plaining about?
13
A Yes, that is it.
14
Q Does it say within that article that you were
15
a DEA informant?
16
A I believe the words·are "high level EDA ... "
17
MR. KAHN: I object to any questions with-
18
out showing him a copy of the article, so we know what
19
you are talking about.
20
A That's the article. Now, it's right here.
21
Go ahead, what is your question?
22
Q It says within the article you were a DEA in-
formant?
23
24
A No, it doesn't. It says based on the testimony
25
of Chic Eder, a high level informant.
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Q Were you or were you not in the limite d work
with tha t agency , which you have described to us , a high
level informant ?
A Aga in , at such time as you question a DEA agent
with regard t o what t heir levels are , you might be able to
ascertai n whethe r it is a high level or low level. Okay?
Q Did you not tell us before that security of
their personnel and their information was a very import a nt
priority for that agency?
A Yes, I stated that the only two things they
were more concerned with than arrest and conviction .we re
those two factors . Again, a s to whether it is a high l evel
DEA infor man t , I a m not arguing the point. I did do busi-
ness with the Drug Enforcement Administration and I am not
arguing that point at all .
;"'-
Q You   in fact?
A Of cours e I have . The point is , now, the point
you are belaboring is high l eve l . I have a nswered the ques-
tion that I c a nnot state what l evel I was . V0 u will h ave
to ask the DEA. Okay?
Q Fine. Yvhere in that articl e do you find an
a llegation that you received financial rewards for informing
on Tom Forcade? Would you poi n t out the place in that
article wh ere it is stated and i mplie d ?
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2
A It states it negatively. There is an inference.
3 By use of informant, there is inferred in that the fact of
4 payment by the government.
•·
5
Q In fact, monetary payment? In fact, when you
6 were a DEA informant, what you received by way of considera-
7 tion was your release from jail; is that not true?
8
A That is not true. What I received was a quash-
9 ing of a case against me.
10
Q ~   t financial reward?
11
A Not financial.
12
Q
In fact, you know informants are also rewarded
13
in nonfinancial ways?
14
A No question about it. l\That we are stating,
15
again, is inferred in that is the payment from the govern-
ment.
16
17
Q Simply by use of the word "informant"?
18
A Yes. It is my contention that is inferred by ·
19
a greater number of people.
20
Q In fact, you never gave the government any
false information on Tom Forcade because you never gave

21
them any information on Tom Forcade; is that correct?
22
A That's correct.
23
24
25
Q Where in that article do you find any inference
that you gave any false information against Tom Forcade?
I
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Eder
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2
A Excuse me. Le t me try this aga in .
3 Aga in, you are getting cute, and I am not
4 talking about your face . It says h ere in 1977 a Fe dera l
5 grand jur y in Brooklyn b egan a n investigation c o nc erning
6
Tom Forcade . That part of it ; that is a quote and that
7 part of it has nothing to do with me , w ~   t h   r the y started
8 a n investigation or not is not none of my business .
9 Q Do you know whether that is true?
10
A No , I don 't know whether that is true . The
11
ne xt part says, " Based on testimony of Chic Eder ..• ", I
12
am not sure of the l egal definition of legal testimony
13
but I know wha t pe ople believe testimony is and testimony
14
is that you s wear or you give informa tion against some-
I
15
body. You testify agains t someone and I am stating that
16
categorical ly, at no time have I ever testified fo r ·a
17
grand jury in New York or for that matter , t o the best of
18
my knowl e dge , anywhere . Okay? So that is my contention.
19
You are trying to deal with a high level DEA informa nt and
20
I want to d e a l with t he crux of the case , which is based o n
-
21
the testimony of Chic Eder .
22
You' re s tating -- I'm saying in court - - I want
23
t o state in court that Weberman has said that I have given
24
testimony in a Brookl yn Federal grand jury in 1977 and I
25
am stating that is the basis of my case , that I ha ve not
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2 given testimony against Forcade or anybody else or any
3 grand jury or any other place. So if you want to -- My
4 question to you is, have we dealt with high level DEA in-

5 formant?
6
Q My question to you, sir, is whether the allega-
7 tion of paragraph 10 (b) of your complaint is true? That
8 allegation says the article included, at least by the
9
understanding of a reader, that you laid a false charge.
10
So I am asking you where in the article do you find any
11
allegation of falsity?
12
MR. KAHN: Excuse me --
13
A I did not give any testimony, so we may have
l4 made an error in that with regard to false testimony. I
15
haven't given any testimony.
16
MR. KAHN: You are asking Mr. Eder to
17
address certain things
18
MR. MICHAELS: I am asking if his com-
19
plaint is true and --
20
MR. KAHN: I think his answer is yes.
Off the record .

21
(Discussion off the record.)
22
MR. MICHAELS: Back on the record.
23
Q Paragraph lO(b) of the complaint says that the
24
25
reasonable inference from the article you are complaining
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Eder
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about was that you laid a f als e infor ma tion
3 Forcade . Is that your position today or is it your pos i-
4 tion t hat the inference here that you are compl aining of ,
5
that you gave any informa tion, true or fal s e - -
6
A It should be both .
7 Q Where do you find any inference f r om the
8 ar ticle that you gave false information?
9
A I don't .
10
Q I'm sorry?
11
A But I think my attorney does.
12
Off the r e cord .
13
( Discussion off the record.)
14
MR. KAHN : Back on the record .
15
A I don ' t know what is go ing on , whet he r it
16
should be fals·e informat ion , using the term as he is
17
using it and information as opposed to a n in<lictment i n
18
a criminal proceeding . I don ' t know whe the r he is doing
19
that .
20
MR. I<AHN : I am indicating 'i:he term us e d
e
21
22
in those two paragraphs, lO(b) and (c), are used as
a term of art to describe a l egal proceedi ng i nvolv-
23
ing an investi gation , and he is no t qual i fied to
discuss it as a term of art .
24
MR. MICHAELS : Is the word " f a l se " a term
25
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2 of art?
3
MR. KAHN: Yes, the word ''false,'' in
4
connection with the criminal information, is a term

5 of art.
6
MR. MICHAELS: What do you define that
7
to mean, for the purposes of subparagraph lO(b)?
8 MR. Y-AHN: I am suggesting that means
9
that the inferences from this article are that he
10
went to a grand jury and stimulated an information
11
of Forcade for some criminal activity for which the
12
grand jury was sitting; and the implication through-
13
out the article was that any charges he might have
14
leveled against Forcade would have been false and
15
therefore he placed a false information against
16
Forcade.
17
MR. MICHAELS: Where in the article do
18
you find the.basis for the inferences? What word
19
suggests falsity?
20
MR. KAHN: The entire paragraph in which

21
that statement appears .
Off the record.
22
(Discussion off the record.)
23
THE WITNESS: On the record. My con-
24
tention is that I have at no time testified against
25
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Eder
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2
Forcade in anything much less than a Brooklyn grand
3 jury. My attorney may or may not be mistaken in the
4 use of the term "false." It has nothing to do with

5
my complaint. My complaint is, I did not testify at
6
all and he has claimed that I have testified and that
7 is where the falseness lies, as far as I am concerned.
8 BY MR. MICHAELS:
9 Q Your complaint says in paragraph lO(d), your
10
complaint includes a statement that the article you complain
11
about has, as one of its reasonable inferences for the
12
average reader, that you were responsible for causing an
13
airplane crash in which one Jack Combs
14
A It doesn't say that in the article. There is
15
just a Jack, not Combs. At that time, my contention is,
16
Mr. Weberman did· not know the last name. He certainly
17
didn't know where Jack crashed.
18
Q When you say in your complaint that the article
19
that you are complaining about says that you caused the
20
plane crash, I am asking where in the article do you find

21
that?
22
A It is implied.
MR. KAHN: I will answer that for him
23
24
because the article itself is ripe with inferences.
25
Tom Forcade was the object of various forms of
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2
government harassment and persecution and all aspects
3
of government that had anything to do with the law
4 enforcement and linking Mr. Eder's name to the EDA,
5 in the sense he was allegedly responsible for in-
6 stituting an investigation in testifying against
7
him, Mr. Forcade, at the grand jury and linking his
8
association to the DEA, to the insertion of the
9
article that Tom told Mr. Weberman that he believed
10
the DEA Special Operations Division may have sabotaged
11
Jack's aircraft, would suggest to an average reader,
12
reading the entire article fairly, that Mr. Eder was
13
somehow tied into this and responsible for this.
14
Q The Jack is Jack someone else?
15
A Ask him. I didn't write the article, he did.
16
Q Did you ever have any contact with DEA's Special
17
Operations Division?
18
A No, I have never had any contact, except with
19
one person in DEA.
20
Q Who is that?

21
A I don't remember his name but I certainly will
call the DEA and find out about it before the case closes.
22
Do you know?
23
Q You mean to say you gave --
24
A His name is Don. One primary person with whom
25
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2 I dealt was Don.
3 Q There are other people you dealt with?
4
A
There are other people in the room, I suppose,
5
at various times the discussions went down, but I was only
6 doing business with one guy.
7 Q Doing business was the arrangement with regard
8 to their telephone security and computer security?
9
A No.
Computer security. 'rhe other had nothing
10 to do with that agency.
11
Q
Had to do with another agency?
12
A The Federal Bureau of Investigation.
13
Q Whom did you deal with there?
14
A Tom, on the West Coast.
15
Q Do you know his name?
16
A Yes. Tom.
17
Q
Do you know his last name?
18
A No, but I have it written down somewhere.
19
Q
Would-you be willing to disclose that to us?
20
A Undoubtedly, since I am probably going to ask

21
the man to testify .
22
Q Where do you find, in the article you are com-
23
plaining about, any allegation that you caused Mr. Forcade's
death?
24
A
25 .
Let me put it this 1·ray: I don't need a la1·.'Yer
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for that.
Going on beyond this, I will start at the be-
3 ginning of the paragraph and this is one paragraph.
4 "In 1977, a Federal grand jury in Brooklyn began
5
an investigation concerning Tom Forcade, based on the tes-
6 timony of Chic Eder, a high level DEA, who has been charac-
7 terized as Mr. Marijuana in several magazine articles." The
3 very next sentence, "The pressure began to build and Tom
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
started going into periods of extreme depression.
He would
assume a fetal position, cover himself with a sheet, and
remain like that for days."
It goes on to state he at one point,'' he took
an overdose of Qualudes and stumbled over to Gabriel Schang'
apartment where he collapsed. Gabriel and her friend,.
Jim Turgus, who worked in Tom's book store across from
Gabriel's apartment, took him to Bellevue where his
stomach was pumped. "
This is stated in one paragraph. That my
testimony -- I am reading from this paragraph that my
testimony was in fact directly responsible for Tom's
death .
Q That is the paragraph that you find leads the
reader to believe you were directly responsible for his
death?.
A That is correct.
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Q Paragraph 17, you state that you were injured
3 t o the sum of $1 million .
4 How do you compute t hat?
5 A Because I assume the o ne hundre d t housand that
6
fellow wa s will ing to p ut into my magazine would have made
7 a t l east $1 million by the end of the year.
8 Q
That is the basis for tha t ca l cul ation?
9
A Tha t's ri ght.
10
Q What makes you think that Mr . Ryan,· Mis s
11
Partridge, Mr. Mu rdoch and The Village Voi ce , Inc. were
12 solely motivated by animosi ty and hatre d fo r you? Para-
13 graph 21.
14
A We ll, I a m not saying that. I don't know what
15 my lawyer wrote h ere. My statement is - -
16
MR. KAHN : Off the record.
17
(Discuss ion off the r e cord .)
18
.MR . I<AHN : Back on the record.
19
A My statement is that A. J . Weberman was
20
motivated by animosity a nd hatred for the p l ainti ff a nd
21
I f eel the o t he r defendants in the c ase had , the other
22
defendants in the c ase did not ch eck the veracity of A. J.
23
Weberman's story and they have, based o n A. J. Weberrna n's
24
repu tation in the world of journalis m or in t he l iterary
25
world and on certain other things that are widely known
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2
Eder
regard to his ~  
in the publishing industry, with
3 and with regard to his journalistic credibility, they
4 should have checked A. J. Weberman extremely close before

5 printing anything that A. J. Weberman might have submitted.
6 Q
Would you now withdraw the allegation of para-
7 graph 21 that the other defendants, The Village Voice, Inc.,
8 Ryan and Partridge and Murdoch were solely motivated by
9 animosity and hatred for you and their sole purpose for
10
publishing was to injure you and cause distress?
11
MR. KAHN: The response to the question
12
is no.
13
Off the record.
14
(Discussion off the record.)
15
MR. MICHAELS: Back on the record.
16
Q Whether in fact the allegation of paragraph 21
17
of the· complaint is tended to relate only to the defendant
18
Weberman or whether you wou].d amend it to delete the
19
allegation of malicious animosity and hatred presented by
20
the other defendants, that is the question.

21
22
A Yes, I would like to amend my statement.
Q You mean the complaint?
23
A Amend this complaint so paragraph 21 only deals
with the defendant Weberman in this case. I'm sorry, there
24
is an error in this case and the error is mine for not
25
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Eder
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having properly communicated this to my a ttorney.
3
think Weberman acted in this manner.
4
I feel in paragraph 22 --
5
MR. KAHN: Off the record.
6
(Discussion off the record.)
7
MR KAHN: On the record.
8
THE WITNESS: There seems to
9
be a lack of communication on my part with my
10
att orney.
11
On paragraph 21, I do not honestly
12
believe that the defendants were solely motivated
13
by malicious animosity and hatred.
14
I believe A. J. We be rman is t he s ingle
15 defendant who was motivated by malicious animosity
16 a nd hatred. The rest of paragraph 21 should only
17 read A . . J. Weberrnan. I don't honest ly be lieve there
18 was a ny conspiracy afoot,
19 I don't think Weberrnan went to these
20 people at The Vill age Voice and said,
11
Let 's get
21 Chic Eder." And I think he went to The Village
22
Voice and sold them on this article and happened
23
to get them to go along with his program to
24
maliciously get me in print.
25
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My argument is at this point that I would
3 like to make a statement for .the record, on paragraph
4 21: It is only A. J. Weberman whose motivation was

5 this.
6
On paragraph 22, I am going to ask my
7 attorney, on paragraphs 22 and 23, to delete the
8 conspiracy simply because I don't believe a con-
9
spiracy did in fact exist.
10
My attorney is concerned with the fact
11
that I say this on the record and that some judge
12
might look at that and say that if he is so willing
13
to amend, 1·1ha t is going on here. What is going on
14
here is the mistake is mine. I allowed this to go
15
into the court in this manner, without having read
16
it. I don't believe 22 and 23 are valid. My attorney
17
did at that time. Since we went in the other room
18
and discussed it, I don't. He still feels there may
19
have been something in that area, but I feel if I
20
leave this complaint as it stands, Mr. Michaels,

21
22
being a lawyer, will make a big issue out of this
rather than what the real issue is. lve gave him an
issue that allows it to be clouded. I don't want to
23
24
deal with that. I want to change paragraph 21 to
25
read solely A. J. Weberman and 22 and 23 I want to
I
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delete. That is all I am saying.
\
3
Q
It may be somewhat irregular, so let me commend
4 you for answering candidly .and for allowing us to clarify

5 this.
6
When I previously inquired to your attorney
7 what the complaint was about, he told me he was unwilling
8 to answer the question and that we would have to wait until
9
today to find out.
10
I commend you that when it was brought to your
11
attention, that you correct it so we can concentrate on
12
the real issue.
13
A I don't want to cloud the real case with a
l
l4 false case.
15
Q
On paragraph 24 it states you sustained actual
16
damages of a million dollars ask for a quarter of a million
17
in punitive damages because of the conspiracy between A. J.
18
h'eberman and The Village Voice and.the other defendants.
19
Would it be your statement that in fact para-
20
graph 24 therefore would have to be amended also?

21
A Paragraph 24 has nothing to do with the con-
22
spiracy.
23
Q Is that the same $1 million you were telling
us about before that you hoped and expected would be pro-
24
25
duced from the $100,000 through the publishing?
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2 A
No, this is injury a nd damage .
3
Q
How did you compute the $1 mi llion in paragraph
4 24 ?
5 A
One mil l ion is based on the million I would
6 have made with t h e magazine, and the o the r one is d amages.
7 That is wha t we are t alking about in pa ragraph 24 .
8 Q
Excuse me , I am not clear about wha t your
9
answer is .
10
The mi llion dollars that are asked .for ~  
11
paragraph 17 you have told us was money you would have
12
hoped to make f rom a magazi ne venture wh ich was effecti vely
13
killed by the publication of this article?
14
A That's correct .
15
Q The million dollars on paragraph 24 , what
16
million dolla rs is it that you a ctually los t thers; is it
17
the same?
18
A
There are two mill ions o n paragraph 24.
19
Q
I am talking about the actual damage allegation ,
20
not t he punitive alle0ation .
21
A The first actual l y was the millio n dollars I
22
assumed I would h ave made with the magazine and not lost
the $100 , 000 investor .
23
24
Q That is for paragraph 17 or 24 or are they t he
25
s ame? I am trying to clarify if it is the same million
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dollars or a different damage you sustained?
A The same one. l
4
MR. KAHN : Off the record .
5
(Di scuss ion off the record . )
6
MR. MICHAELS :   a ~ k on the record.
7 Q
In line with what you have told us to clarify
8 the accuracy of the complaint, would I be correct in be-
9 lieving you would also wish to make certain changes within
10
paragraph 6 which charges that each of the defendants did
11
unlawfully plan, plot and conspire between themselves to
12
publish false, liable and defamatory stateme nts? Is it
13 each of the defendants that unlawfully conspire d to do
14
that or only Mr . Weberman?
15
A Paragraph 6?
16
Q Twenty-six , I am sorry.
17
A
Twenty-six . I think 26 has to remain .
18
MR. KAHN: Off the record .
19
(Discussion off the record . )
20
MR. KAHN : On the record .
21
The answer to the question is no .
'
22
A We do not wish to change it for this rea son .
Tell him t he reason.
23
24
25
MR . KAHN: Because our present bel ief
is that the defendants did plan to publi s h and did
I
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2 in fact publish, in The Village Voice, the false,
3
malicious statement.
4
Q
Referring again to paragraph 26; is it your

5 belief that each of the other defendants conspired bet1veen
6 themselves to intentionally publish false information?
7
A If you are asking me whether I believe they
s sat down with A. J. Weberman and said, "Let's go get this
9 guy," if I believed that, I thought
10
Q ·You do believe the word "conspiracy" in para-
11
graph 26?
12
A However, if my attorney said, if they sat down
13
with Weberman and talked with Weberman in regard to this
14
and checked it and did not check it that is a lawyer's
15
argument and I will let the lawyers argue. My point is --
16
I want it clear. This is my deposition here -- I feel the
17
other defendants I feel A. J. Weberman has maliciously
18
attempted to attack me in this situation and these people
19
either actively
20
Q You mean the other defendants?

21
22
A The other defendants in the case either
actively or passively conspired to go along with his pro-
gram, to allow --
l
23
Q Are you claiming they knew the information was
24
false or.they   check they should have?
25
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.e
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Eder
r;; 6·)
~   /
A What I am saying here
-- Off the record.
(Discussion off the record . )
MR. MICHAELS: Back on the r ecord.
Q Ar e you claiming that The Village Voice con-
spired to
MR. KAHN: The claim is - -
MR. MICHAELS: Unl e ss you are going on
under oath , I have to ask the witness .
A I can ' t say under oath I know they cons pire d
in the s e nse of the word. I know they conspire d t o be --
What I am s a ying is, my fee ling inhere nt in this para graph
26 is the fact that they did publish this information and
if they didn't know that it was fal s e, they should have
known it was false so they s hould at l east , s hould have
checked it prior to having it published.
Q Thank you.
A Next?
Q i·mere do you find in the article publishe d by
The Vill age Voice that t his whole c ase conce rns -- ~ v h e r e
do you firid t he s tate me nt or implica tion t hat you committed
perjury b e fore a g rand jury, a s all eged in Ar ticle 28?
A I don't find that .
Q Whe re do you find the allegation that you con-
s pired to murder Forcade's fri e nd J a ck?
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2 A
I think t hat is inherent in the re. We have
I
3 answered that question.
4
5
6
Q Wh ere do you find the a llegation that you
con-
spired to commit a burglary at Forcade ' s a partment?
A Same thing .
I
7 Q Where do you find in this articl e a ny accusa-
8 tion that you committed any crime?
9 Paragraph 29 of t he complaint refers to a n
10
al l egation within the article of your criminal conduct a nd
11
I am asking you what words in the article seem to you to
12
be indicative of an accusation that you committed a c r ime?
13
A
That is inherent in there, when he is talking
14
about me a s being Mr . -- First of all, I see it.
I can
15
agr ee with that . As soon as he talks about me bei ng Mr .
16
Marij ua na , the magazine article , with regard to that , dealt
17
with that criminal conduct.
18
Q In other words , the criminal conduct p h rase
19
within paragraph 29 refers to marijuana ve ntures and not
20
t o a ny allegation in the story that you committe d a perjury
21
before a grand jury, c a used the cra s h of an airplane,
22
murder or burglary or anything else?
MR. KAHN : Off the r e cord .
23
(Discus sion off the record .)
24
A On the record. It states in this a rticle that -
25
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2 The article puts me and the DEA as synonymous . The
3 article further states that Weberman believed the DEA
4 burgled Forcade's apartment and the DEA cause d the d e ath
5 of J ack. So if I am, in fact, if I am seen as being part
6 of the DEA, then the inference is I also was part of that.
7 Q Where it says in paragraph 29 tha t the accusa-
8 tions of criminal conduct that you infer from t he art icle
9 were published by the defe ndants -- I believe the word
10 should · read "malice," in that they we re publi shed with
11
  of their falsity or serious doubts as to their
12
truth . Do you intend to allege that The Village Voice,
13 Ryan, Murdoch and Partridge h ave actual malice a nd knew
14
the statements were false or had serious doubts as to
15
their truth?
16
A
Yes , I mean that p a rt. Yes , that is definite .
17
Q As a result of this article you claim in para-
18
graph 30 that you were held up a nd expos ed to p ublic con-
19
tempt.
20
Are you speaking about the a r ticle itself or
21
about some other expos ure to public contempt and scorn and
ridicule that resulte d from the article?
22
23
A That is what I am talking ahout .
24
Q Do you me an by this article or by something
25
else that resulted from the article?
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2 A
I don ' t know what you are t alking about.
3
Q I will rephrase the que stion.
4 Were you saying in paragraph 30 that you were
5 held up a n d e xposed t o public contempt , scorn and r i d icule ?
6 Do you mean by the publicat i on of this article or do you
7 mean t he publication of this article caused some other
8 humiliating event to occur and caused p eople to scorn and
9 condemn you?
10
A
The l atter. The publication of the arti cle
11
caused it.
12
Q From whom did cont empt and scorn and ridicule
13
come?
14
A My contemporaries ; my peers .
15
Q Was the re any particular person that expressed
16
scorn, contempt and r i dicul e , b e s ides the ones you h ave
17
already told us abo ut ?
18
A Numerous people . Enough s o this is a val id
19
paragraph. Maybe ten, f i ft e e n, twenty p e ople .
20
Q Could you give us the n a mes that e xpre s sed that ?
21
A Here in New York City?
22
Q Anywh e re .
A
23
Yes . I can give you names right away , without
any troubl e. Char l es B. Klein, Mr . John Farrell , Carol
24
25
Tacher , and given time , I wi ll come up wi th a list of the s e
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2 people. At t he time of our trial , we wil l   a nd
3 put t h ese people on the stand a nd you will be a ble to
4 cross exami ne them, Mr. Michaels .
5 Q In the same paragraph you c laim you suffered
6 grave and i rreputab le injury a nd s uffered great emotional
7 distress and anguish.
8 Can you t e ll us to what extent you have s u ffered
9
A Wel l, y e s .
I don't have any scale for psychic
10
· da mage.
11
Q Have you found it necessary t o see medi cal
12
or psychiatric t reatment?
13
A No.
14
Q You are   the n about the injury to your
15
feelings?
16
A My emotions . Emotional dist.res s ano anguish.
17
That paragraph stands.
18
Q
'l'he grave a nd irreputable injury to your pro-
19
fess iona l houor that you speak of in that paragraph, is
20
t hat i n your profession as a n outlaw?
21
A In my profession a s a n outlaw and would-be
22
maga zine publ ication, as well as any other ventures I mi ght
be in.
23
Q Paragraph 31 , again , asks for $1 mi llion in
24
25
actual damages a nd a f urther million in punitive damages .
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2 Is that the same million dollars that you l ost or is this
3 a n allegation that you lost a n addit ional million?
4
A
One million is fine with me .
5
Q It is the same million dollars?
6
A Yes.
7
Q Fine . Para graph 36 again claims $1 mi llio n
8
in actual damages a nd $1 million in puni tive damages .
9
Is it the same million that we have a lready
10
heard about ?
11
A
Are we padding this bill? Because if we a re,
12
thi s bill is a million. Do we have to? It is the s ame
13
mi llion.
14
Q At paragraph 38 where you state that the de-
15
fendants acted in a vicious, malicious and intentional
16
manner wi t h the sole purpose of injur ing you, did you mean
17
that to apply to all defe ndant s or only defendant Weberman ?
18
A
I thi nk f or the time being we will let it apply
19
to all defendants until such time -- we will al l ow that
20
because I think that might have been vicious, malicious
21
and intenti ona l , since my beli e f i s they didn ' t have t o
al l ow t hat to be printed and by a llowing that to be printed,
22
they acted in a vicious and malicious and intent ional
23
manne r .
24
Q In paragraph 39, where you request punitive
25
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2 damages in the amount of $3 mil lion , is that duplication
3 of the previous claims for money or is that a separate
4 claim?
5 MR. KAIIN : That is a separate claim.
6
A
That is a separate claim, my lawyer says.
7
Q How was that figure computed?
8
MR. KAHN : Do you want it on t he record?
9
MR. MICHAELS: Yes .
10
MR. KAHN: The fi gure for puniti ve
11
damages does n't have to be computed .
12
Q Mr . Eder, have you given various interviews
13
to reporters concerni ng your history as a n outlaw?
14
A Yes.
15
Q Have you done that with the knowledge that it
16
would result in publication of that . history?
A Yes .
17
18
Q In fact , haven 't you sought the title and
19
identified yourself as Mr . Marijuana?
20
A No , I h ave not identified myself as Mr .
Marijuana .
21
Q Have you ever been called that in print that
22
you know of?
23
A Yes, I have been called ~ l   t in print.
24
Q Were you called that in print by reporters that
25
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2 yo u h a d given informat i o n to vo luntar ily ?
3
A
No. I don't be lieve s o, unless Goldma n may
4 have called me that at some time, but I don't think s o.
5 Q
You have appeare d o n t he front page of New
6 York Magazine?
7 A I was a cover boy.
8 Q Isn't it true your reputation a s a n outlaw
9 produced publicity you felt was bene ficial to you?
10
A Mos t definitely .
11
Q Isn't it true you have admitted many times ,
12
fo r publ ication, your involvement as a n out law in marijuana
13
smuggling v e ntures?
14
A No, that is not t r ue.
15
Q You have spoken out about your f eeling s about
16
the marij uana l aws for publication purposes ?
17
A Most definitely.
18
Q You have done s o with t h e i dea of h e lping to
19
influence the public to take a more rational view with re-
20
gard to the l aw; i s n't t h a t correct?
21
A I will agree with that -.
22
Q Did you ever sell phone fraud d e vice s?
A Yes.
23
Q How many times ?
24
25
A How many times did I sel l them?
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2 Q
Yes .
3
4
A Twenty, fifty . Fifty is a good figure , a p-
proximately.
J
5
Q Did y ou ever warn smuggl ers about Coast Guard
6 inves tigations in order t o help them evade capture ?
7
A That's correct.
8 Q How many t i mes ?
9
A
Every time I ever got the information.
10
Q How many times might that be , approximately?
11
A At l east t e n.
12
Q
Is it true you were n amed and i ndicted as co-
13 conspirator in a recent a rrest of approximately t e n persons
14
in New J ersey on drug charges?
15
A That is not true , to my knowl e dge .
16
Q Have you ever been named and indicted as co-
17
conspirator i n any indictment you know of?
18
A No . May I ask the l ocation in Ne w Jersey?
19
Q Le t's l eave the point for a moment.
20
In fact , in the various times you have spoken
21
to reporters or spoken with the knowl e dge that your words
22
might be publishe d, h aven ' t y ou sou ght to make yourself
23
a public fi gure on the marijuana i ssue?
A No , it just happened that way .
24
25
Q Haven't you sought to make yourself known a s
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2 a n impor tant person in t h e ma r ijua na hus incsses ?
3
A No . In f a ct, I do just the oppos ite. In
4
bo t h a r ticle s that were writte n in NEW YORK MAGAZINE , the
·e
5 exa ct oppos ite of t hat.
6 Q Can you explain what you me an?
7
A Don't have t o . Yo u as ked me a   a nd
8
I ans we red your ques tion . I intended to do t he o ppos ite .
9
The big man is like o ne of the big money g uys. The f irst
10
article a bout New York, we jus t de alt with the New York
11
dope scene on a s mRll l e vel. On the s e cond l evel, we
12
d e alt with s muggling from Col o mbia . It wa s r e ally a n
13
a rticle a bout how ine pt we were in that. I b e lie v e j ust
14
the o pposit e would be the cas e .
15
Q Would you object if any attorney , who f o rmally
16
repr esente d you , had informed that you in fact h a d b e e n a
17
DEA informant? Would you object to that b e ing reve al ed?
18
A Ye s , I would .
19
Q Would y ou a llow de f e ndant Weberman to o btain
20
a ny gover nme nt r ecords t hat may whi c h ma y conce rn
a ny a ctivitie s you might h ave had a s a DEA infor mant?
21
A I will not allow him t he time of day. Ge t it
22
in t he r e cord. Any thing I c a n do towa rd h e l p ing A. J.
23
Webe r man, I will c onsciously avoid doing tha t.
24
Anything e lse?
25
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2
Q
Who represents you in the marijuana conviction
3
which is now on appeal?
4
A Joel -- I'm sorry, I don't remember the guy's
5
last name. I am very bad on last names. It took me three
6
months -- Joel begins with an H.
7
Q Is he associated in any way that you know of
8
with your present attorney?
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
MR. KAHN: Are you referring to me?
MR. MICHAELS: Yes.
MR. KAHN: The answer is no.
A I told you I can get you that. Is that an im-
portant question? Because if it is, I will make a quick
phone call and give you the name.
Q At the start of our examinations today, before
we commenced the formal examination, you told me about a
young lady who said that she --
A That is irrelevant. I am going to answer that
question.
Q I was not about to mention the name.
A You are not going to mention that fact. I am
not going to deal 1·1ith that fact.
Q You told me about a person who had been quoted
as saying they were rich -- had become rich because of their
contact with you. In fact, isn't that true, that there are
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2
many peopl e who have prospered because of their cont<tcts
3
with you ?
4 A Th ere most defi ni tely are because t hat is why
,·e s I don ' t have to worry about maki ng r ~ o r e than $100 , bec<tuse
6
there are many people who have their money today because
7
they knew me . And I introduced them to certain pe ople
8 where they probably made money in the marijuana business .
9
If tha t is the question , the answer is yes .
10
Q I am getting towards the close of the ques tions
11
I have for you.
12
Mr . Eder , you have told us about a great many
13
crimes you have committed, a t least as the law presently
14
defines the kind of behavior we have been discussing .
15
Are yo u aware that your ndmiss ions with regard
16
to those crimes might possibly be the s ubj ect of prosecu-
17
tions of you?
18
A That is right , but it certainl y is not secret
19
a s to the business that I have been in over a period of
20
t ime. I have bee n arrested on n umerous occasions on
  ~ ~
21
marijuana convictions . I have told the J;l.;ltrol Board in the
State of California that I intend to continue in the
22
marijuana game forever or at l east as long as it l asts ,
23
and I have no intention of stopping marijuana and I have
24
no bones , whatsoever -- NEW YORK MAGAZINE had a fu ll page
25
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108
2 illustration tha t showed the p i cture of my head with a
3 joi nt and it state d at the bottom, "Chic's the name a nd
4 smokes the game. "
5
6
7
8
Q
A
Q
A
Did you ever say that?
I say it al l the t i me .
Do you have cards printed that say that?
No , I never had cards printed that said that ,
9
but Albert Gol dman had cards printed that said that.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q Did you distribute those cards ?
A Sure .
Q I n fact, you have l e t a lot of peop le know
about these acti vities which the present law says is
criminal?
A There is no secret whatsoever . It happens
that I was two or three years ahead of everybody e l se.
Since the TIMES article two or three weeks
ag.o, with The Colombi an being the h ead articl e , a lot of
peopl e have jumped into what I have. We don 't care what
the government thinks of it . We don't t hink there is any
stigma attached to the business we are invol ved in , and
therefore we don 't care whether the government sees it a s
criminal or not . I believe you wi ll f ind your client ,
A. J. Weberman , fee l s exactly the same way.
Q There are many people who fee l that mari juana
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2
l aws shoul d be chanqed and I   a ebate you Rt this
3
time or probably under other c i rcumstances either , but
4
under t he categories of the present law, whn.t you are
e
5
seeking to protect here is your repu tation as a c apable
6
a nd honest criminal, is i t not?
7
A I object to the word " criminal. " I don ' t know
8
what t he present l aw calls for .
9
What I a m stating is , I prefer the word "outlaw"
10
be used , a s opposed t o cri minal. Other t h a n that , my
11
answer --
12
Q But the g i st of the l awsuit , p rime thrust i s
13
by saying you testified, that you instigated a prosecuti o n
14
a nd gave informat i on against Tom Forcade , tha t the d amage
15
that has been done to y ou is the difficulty and the l o sses
16
yo u have sustained as an o utlaw, a s a seller of ma rijuana
A Tha t ' s correct .
17
MR . MICHAELS : Off the r ecord.
18
19
(Di scussion off the record .)
!1R . MICHAELS: On the record .
20
Q Mr . Eder , you told us you a re s eeking a pub l i c
21
forum in which to s how t he allegations in the article about
22
you are i n fa l se ; is tha t t r ue?
23
A That ' s correct .
24
Q You are aware the governme nt usual l y s hields
25
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2 the identity of its informants and the government has a
3 policy of protecting the identity of their informants,
4 are you not?
5 A Yes.
6 Q
In seeking a public forum to discuss this
7 truth or falsity of the allegations about you in the
8 article, are you willing to waive any privilege that you
9 might conceivably have as to the protection to any iden-
10 tification you may ever have·had as an informant?
11
A
When that comes to court, when that gets into
12
court and I put witnesses on the stand, if those witnesses
13
are members of a governmental agency, investigative agency
14
such as DEA and the FBI, and those people are placed on
15
the stand as defense witnesses, then they are open for
16
cross examination and in doing that, I am putting my neck
17
on the chopping block. It is that simple; so?
18
Q Should a guestion come up --
19
A For the record, I wave nothing but the
20
American flag and I only do that on the 4th of July.

21
22
Q Are you therefore claiming the protection of
whatever government policies may exist to shield informants,
23
through the course of this lawsuit?
24
A That is a loaded question. I am not going to
25
answer that question.
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2
Q
Do you c l aim the shel ter given hy law?
3
A
That i s a l o a d e d question . You can r ephrase
4
i t e i ghteen t i mes.
It is a l oaded que stion a nd I am not
5 going t o dea l with i t.
6 Q Are . you c l aimi ng any pr i vi l ege o f the
7
A
That is a l oaded question a nd you can reph rase
8 i t anothe r seventeen t i mes , but more tha n that, you don ' t
9 get . You get seve nteen more reph rases and you wi l l get the
10
same a nswer . I t i s a loaded q uestio n .
11
MR. MICHAELS : Of f t h e record .
12.
( Discussion of f the record .)
13
A On the record .
14
Q
Mr . Eder, i f in fac t there i s some gove rnment
15
record somewhere that what Mr . Weberman sai d in the articl e
16
i s in fact true , are you i ntendi ng t o , through thi s l aws uit,
17
c l a i mi n g it i s not t r u e and us i ng that prot ection of s hi e ld-
18
i n g the name s o f real info rmants ?
19
A That l eaves you sixteen ways of rephrasing t h a t
20
question.
Again, Mr . Mi c h ael s , that is a loaded que stion
21
and as such , I am not goi n g to deal with that questi o n a t
22
this poi nt . So agai n , you h ave s i xteen more rephrases .
23
For t he record , it is now a quarter t o six. We
24
have been h ere since two o' c l ock .
25
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1 5 PARK R O W, N .Y. 10038 PHO NES' 349- 3 108-9
1 Eder
112
2
Q Do you have any concern there mi ght be any
3 governmental files anywhere that might say you are their
4 governmental informant?

5 A Obviously, since an informant is the one that
6 gives up informat ion, regardless of the connotation of the
7
society, since I have given information on two separate
8 occasions to two governmental bodies, one to each, there
9
is no question whatsoever that somewhere a long the line,
10
we put a guy on the stand and there is a n informant and
11
he informed on this and this and at that time you will h ave
12
a n opportunity to cross examine . If you are asking me to
13
waive any rights , to give this degenerate
14
Q Pointing to Mr. Weberman .
15
A If you are asking me to waive rights and give
16
him the right to get my reports on the
17
Q No , I am not . I think you misunderstand the
18
question . I am asking you whether in fact you intend t o
19
take advantage of the government policy to refuse to
20
identify the rea l names of informants?
21
A You got fifteen, I think, left. That is another
rephrasing of the ques tion .
22
Q ·when you take the stand , do you intend to tell
23
the court that you seek the protection of the secrecy of
24
25
the names of informants while you s u e somebody on your
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2
claim t hat it is not true?
3
A Again, we are dealing with the same thing . This
4
man has stated in print that I testified .before a grand
-
5
jury in Brooklyn. I am not ove rly concerned whether it is
6
a hi gh-level DEA informant. You made the i ssue on this .
7
I already stated to you I informed the DEA , I gave them a
8
piece of information. I traded them for it and you are
9
asking me to go further than that , and I am not willing to
10
go further than that.
11
My contention is I never testified anywh ere in
12
Brooklyn or New Jersey or any other place t h a t you are
13
talking about , and that is the thrust of my contention
14
wi t hin this lawsuit.
15
Q Wil l you allow government o ff icials to testify ,
16
if that is , in fact , yes , you were a n informant in other
17
ways , in other cases besides wha t you have told us today?
18
A I don 't have a choice , i f you cal i these people
t o the stand.
19
20
Q You don 't claim any protection?
A I didn ' t say that and you are tryins the same
21
thing agai n, Michaels .
22
Of f the record .
23
(Discussion off the record. )
24
MR . MICHAELS : On the record, p l eas e.
25
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1 114
2
Q Mr . Eder , in those limite d inst.1nc e s where
3
you did provide information t o the FBI and DEA, whi ch you
4
h.:ive told us abont , <lo you heJi e ve that informat ion was
..
s
helpful to the FBI and the DEA?
6
A Yes , I mos t definitely believe it WQS helpful
7
to t he FBI and the DEA . However --
8
Q Did that he l p mainta i n the integrity of their
9
and secnri ty systems ?
10
A Only the secu r ity systems , Rnd my contention is
11
that in no way jeopardized my standi ng a s outl aw, simply
12
because in pri son pnr l ance , a " rat " o r "informant" is one
13
who takes advantage of getting out of doing jail time by
14
putting some one else in that cage in his place , so my deal-
15
ing with the government was without hurting another humHn
16
being . I don ' t feel I deserve the reputation of bein9 a
rat .
17
18
Does   your question?
Q It is a n answer to the question .
19
20
If you bc-1 i eve tha t yonr ,.1ork for the g over nment
h e l ped t o protect security o f   information i n
21
dealings with criminal prosecuti ons , is it not true the
22
hel p you p rovided probahly resulted in people being jailed?
23
A No . Most definitely not . help I provided ,
24
agai n , was in tel ling - - are you speak ing of the FRI or the
25
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1
Eder
115
2 drug enforcement agencies?
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q
Both.
A
The Federal Bureau of Investigation presented
leaks in the national security system. Since I had the
ability to tap the FBI's phone, I had the same ability to
tap any government phone in that area, hased on the way
they were doing things at that point in time.
'rhe second thing was that certainly wouldn't
have led to the arrest or conviction of any human being.
The second thing with regard to the Drug Enforcement Ad-
ministration, the Drug Enforcement Administration doesn't
like a lot of things I do. You broughtup the point of
warning the ships. I have done that on numerous occasions.
The government is very upset about   t ~ They didn't get --
They didn't get any positive convictions out of anything
that I told them. What they did get, the furthest you
could possibly stretch my help to the government is I might
have been able to give this information as to how to plug
in the computers to somebody who it might have helped them
to avoid capture. This is the furthest you could possibly
stretch the damage I would have done to another outlaw.
Q The damage to another outlaw, even if you had
not given a name, that resulted in immediately and directly
in an arrest; isn't that true? The assistance you provided
BLITZ REPORTING CO.
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1
1 Eder
116
2 probabl y h e l ped the efficiency of the l aw e n forcement
3 agenci e s by t hose a gen cies that some people were a rres ted
4 that otherwi se would not have been arreste<l?
5
A Absolute l y not .
6 Q Wh ere d id you get the lis t of wa nte d s hi p s
7 whi c h I think you calle d a hot s heet? Where did you get
8 the list?
9
A Which one? I can state very simpl y that o n a t
10
l east ten times I have gotten ten l ists.
11
Q From whom?
12
A From various sources .
13
Q From whom?
14
A From various sour ces. That is an answer to
15
t he question.
16
Q Are you wil l ing t o identify t he sources?
17
A I am unwilling to identify any of the source s.
18
MR . KAHN : Off the rec6rd .
19
(Di s cussion o f f the record.)
20
MR. MICHAELS : Back on the record .
Q Go ahead .
21
A I am l ost .
22
Q Are you declining to answe r t he quest i o n?
23
A What question?
24
Q The ques tion is, wo uld you p l ease tel l us the
25
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2
people from whom you got the lists of h o t ships , of wante d
3
s hips?
4 A Of course not.
e
5 Q Thank you.
6 A No, not " thank you." Let me compl e te my answer
7
to the question . Of course, any person who stole
these
8
are gener al ly teletype that were teletyped to various Coast
9
Guards and sometime s a full hot s heet, and a t any time a ny-
10
bo dy gave me that infor ma tion, a lot of people were working
11
f or t he government a nd there were kids that worked for the
12
Coast Gua rd and peop le who worked in governme nt a gencies
13
for which we paid for these hot shee ts . Of course we
14
couldn 't t e ll you that .
15
MR. MICHAELS : Subject to my cl i ent 's
16
approval , I have complete d my examina t ion . I \vant
17
to tha nk Mr. Kahn , our r eporter , and Mr. Eder, as
18
·well.
19
Q Mr. Eder, our concluding quest i ons are as
follows :
20
21
Had you read the c ompla int in this case p rior
to today?
22
A I'm sorry , no.
23
Q Do you know whe the r your attorney in t his
24
matter ever previously represented Mr . Thomas Forcade or
25
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1 F.c'ier
118
2 any of his busines s ventures?
3
A You h ave to depose my attorney.
4 Q
I am asking whether you have any knowledge .
5
I am not asking you the fact .
6 A Whether I have any knowled0e?
7
Q Do you know whether your present attorney , Mr .
8
Kahn , sitting next to you , ever previously rcpres cm ted Mr.
9
Forcade or his business ve ntures?
10
A I believe he may h ave been representing
11
Transhigh Corporation somewh ere along the line.
I don ' t
12
know if he ever represented Tom personally.
13
Q Do you know how that relationship t e rminate d?
14
A I have no idea. I don ' t even know if it has
15
terminated .
16
Q At my client's request , I want to ask one fina l
17
question , which is whether you discussed this matter 't>'li th
18
your attorney before t ~ e complaint was drawn , whe the r yo u
19
informed him tha t you saw the princi pal dama0e to your
20
r e putation as the damage to your re::>u·ta ti o n as t o ·what you
call an outlaw?
e
21
A I think ~ ~   t I said to my attorney was this was
22
a malicious attack by A. J . Weberman and these peopl e should
23
have known it was a malicious attack by Nebernan . They
24
should have checked the verac ity of the statement that I
25
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Eder
119
2 tes tified b e fore a grand jury and I said I want to s ue him
3 a nd he said, " I don ' t t hink it would take too much time .
4 Sure I wil l help you . " That ' s i t .
5 Q
You did not in fact discuss with him what are a
6 of your reputation, that is, your r e putation as an outla w,
7 which you felt was a principal
8
A That is privileged communication what I discus s e
9 with my attor ney .
10
Q
At my clie nt.' s request , do you know of the
11
reason why the att o r ney is repre senting you without com-
12
pensation?
13
A Why don' t you ask my attorney?
14
Q I am a sking you if you know.
15
A I have no idea . I think perhaps he likes me .
16
Despite the fact that I am an outlaw, I think he likes me.
17
EXAMINATION BY MR . KAHN :
18
Q
In the course of the de position we have d is-
19
cussed the stateme nt in the November 27, 1978 Villa ge Voice
20
a rticle by Mr . We ber man that Chic Ede r wa s a h i ~ h   l e v e l
DEA informant .
21
Would you please t e l l me wha t " informant"
22
g e nerally mea ns or what you understa nd the word "informant "
23
to mean?
24
A What I unde rstand the word "informa nt" t o mean ,
25
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120
2
since the ma jority of my adult life was s p e nt in prison
3 situations , my terminology of "informant" is one who trades
4 his cage , trades, gives up his cage -- let me rephrase
e
5
tha t - - is one who gets out of a cage by putting a nother
6
ma n in t he cage in his pl ace , and I ha ve never done that
7 and I never i n tend to do t hat.
8 Q Is the term "cop" sometimes trea t e d s ynonymous l y
9 in your understa nding, with t he word "infor mant"?
10
A Erroneous ly. Again , my parlance is based
11
primar ily on prison . A cop is a cop and a rat is a rat .
12
They are t wo separate a nd distinct e ntities .
13
Q Looking at the article we are dis cussing , I
14
am calling your atte ntion t o a c ouple of sentences that
15
say , '\ery few other people wo uld he lp Tom. Rubin and Tom
16
had called me a cop . Rubin a nd Hoffman had called him a
17
cop during the yippe e- zi ppy confli c t in Miami , a nd that
18
l abel s tuck . Eventually both Abby and .._l'erry admi tted t his
19
was t:he wr ong t hing to do. "
20
A I cannot a n swer for A. J. Weberman 's wr iti ng ,
21
s ince I didn't write that . A. J. Weber.man - - at no time,
22
t o my knowledge , was Tom accused of being a cop. He was
23
a ccused of b e ing a n agent , of be ing an info r mant and
24
a ccused of working for the intelligence community.
25
At no t ime in my knowl e dge was he ever accu sed
BLITZ REPORTI NG CO.
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Eder
121
2 of being a cop.
3
Q Does the word " informant " in t he sense t h a t
4 you understand it , have a very negati ve connotat ion?
5 A About as negative a s you c a n get .
6 Q Would you say it also is a negati ve connota tion
7 among your fr i e nds , fami ly and busines s a ssoci ates ?
8
A The wor d "infor mant" i s not only amongst the
9 rat, s omeone who betrays the t r ust of his peers, it is
10
l ooked upon as a piranha by our society. We are dealing
11
with go ing al l t he way t o Juda s a nd J esus , right up to the
12
  whi c h was later redone with bl acks not too many
13
years ago on every l evel in t he society , e xcept f or possihly
14
a few of the newer cop shows i n which a pimp rat , who is
15
looked upon as a hero. In most l evel s of s ocie ty, in-
16
formant is looked upon as a l ow li f e.
17
Q Is the word "i nformant" synonymous wi t h t he
18
word
11
snitch
11
?
19
A Mos t definitely.
20
Q paragraph: " Recent l y Rick Nemay , in-
21
formant , FBI , snake , who inf iltrate d the zip pies and c a me
doi n g a book for Quadrangl e Press about his experiences ,
24
refused to hel p frame him.
11
25
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1 F.ncr
1 2 2
2 In regard to t hat paragraph, hy contrast of
3 t he paragraph in which your name was mentioned , what d id
4 t h a t suggest t o you?
5 A It suggested to me he was a good guy and not
6 a rat and I was a bad guy and a rat . In this case , tha t
7 is what it s u gges ts to me .
8 Taking the articl e as a whole , looking a t that
9 paragraph and ·che paragraph about me, one is the good guy
10 a nd one is the bad guy .
11
Q You test ified that you had given v ery limited
l2 i nformat ion to t he FBI in 1975. Have you g i ve n information
13 to t he FBI in the years subsequent to 1975?
14
A Let me deal with that. I ha ve wor k ed once
15
with the FBI and I stated at which time I worked wi t h them.
16
And I worked with t he ones with t he Drug Enforce ment Ad-
17
mi ni stration and t hat's it , b aby .
18
Q
Wi t h r e spect to the Drug Enforce me nt Adminis-
19
tra tion wi t h which you made your arrangement in 1 976 , h a ve
20
you give n them a ny furthe r information in 1977 , 1 978 o r
21
1979?
A I had no contact wh a tsoe ver .
22
23
Q At t h e time this articl e refers to , whe n it
24
r e fers to your name in 1977 , it i s the r e fore the case that
25
you were not de aling with or giving a ny inf o rma tio n wh a t-
BLITZ REPORTING CO.
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2 soever t o t he DEA at that t i me ?
3
A
Tha t i s cor r ect .
4
Q
I n c ommon parla nc e , t h e wo r d " i n forma nt," i s
5 tha t gen e ral l y unde rstood t o mea n s omeone who mer e l y g i v e s
6 some i nformat i on a bout the tec hni c a l da ta , s uch a s you gave ,
7 or i s it more surely und e rstood t o mea n a s nitc h of r a t
8 tha t turns o n s ome speci f ic - -
9
A I n gene·cal , i n a societ y i n gene ral , U1e wo r d
10
" informant ," if it i s not used in a c r i mi na l comp l aint , has-
11
it is not a devil word .
It is not a d e v il word i f yo u say ,
12
" I ha ve a n i nfor ma nt who tells me t h a t if I go into the
13
bu siness in Ha i t i t omorr ow, I am goi ng to ma ke a l o t o f
14
mone y ." That i s a n info r ma nt who gi ve s that informa t ion.
15
As we know it wi t h i n the str ucture of t h e
16
s ocie ty i n wh ich I live a nd t ha t is no t only the peo p le
17
who a re enga ged i n outlaw a cti viti e s b ut p eop l e I know
18
s oci a l l y a nd personally , t h e word " informan t" i s a bo ut a s
19
low a word , it ' s a bout a s dero gatory a nd pejorative a wor d
20
a s yo u c a n use agains t a human b e ing .
Q Is t ha t because it is t rea t 8d as meaning y ou
21
gi ve informati o n
1
a bo ut a nothe r h uman being t h a t caused his
22
a rres t?
23
A No, it ' s b e cau se i t is t rea ted , trading y o ur
24
c age with ano t h e r man , p utting another man i n a c age s o
25
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2 you don ' t h ave to go into a caqe.
3
Q Whe n you r e ad the article by Mr . We b e rman , did
4 you understand that to mean he was stating or implying you
s gave information to a grand jury with r e spect t o Forc a de
6 for the purpose of putting him in a c a ge and keeping you
7 out?
8
A Exactly . He says that I gave testimony b e fore
9 a grand j ury in Brooklyn in the year 1977 . This is a lie.
10
That is. the whole crux of my c ase . All the r e st of what
11
is be ing state d is great be tween l awyers , but my case is
12
very s i mply that this man has said that I t e stifi e d before
13
a grand jury against another human being a nd I n e ver <lid
14
t his . And I f e e l he did this ma licious l y and with the
15
intent ion of trying to hurt me . Th i s is my wa y of e xpress-
16
ing this lawsuit .
17
Q
Do you ha ve a ny inkling a s to why Mr . We berma n
18
bears a ny f eeling of ma lice , hos tility t owards yo u in-
19
dividually?
20
MR. MICHAELS:   As k e d a nd
an swer e d. Didn't we view t h a t speci f ic a llegatio n ?
21
MR. KAHN : I do n ' t r eca ll t h a t you asked
22
him.
23
Q I n addition to the spe cific a llega tion tha t wa s
24
ma de by you a bo ut Mr. Weber rnan , do you ha ve a ny t hing more ?
25
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125
2 A Yes, I think the re is more .
3
Q
I would like to know if there is anything e lse .
r 7
4
A He says it right in his articl e . Ile says in
5
the article He says he was so angry about Tom's death
6 that he lashed out at e ver yone . I think that appears in
7 the article , the exact words: "I b egan to blame anyone
8 that was h andy for his demise . " Those were his words .
9
What I am s aying is , as well as the ma lice ,
10
I am saying he was very loyal to Forcade , whether he was
11
misdirected or not. He was l oyal to Forca de a nd disliked
12
me because I was giving him my prices in New York on smoke
13
and he was making a living and then I stopped doing that .
14
For those two r e asons , for the reason he fe lt
15
I cut him off from his suppl y of material was one, and the
16
second one was a sense of loyalty t o Forcade . I fee l he
17
c ame out in print and stated this a nd other people were
18
whispering behind doors that I was unlucky t o be the guy .
19
He took a shot at me because he was malicious about it.
20
He was going t o grandstand . In prison parlance, that is
.e
21
cal l e d prison grandstanding . You had your day , b a by, now
it ' s mine .
22
Q With respect to the maga zine you proposed t o
23
publ i s h, you indicated you sought to employ a woma n who
24
declined to work for you as a result of this article?
25
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F.der
126
2
A That 's correct .
3
Q Were there a ny other persons , to your knowl edge ,
4
that declined to work fo r you on t his pro j ect as a result
 
5
of tJ1e publication of t his articl e ?
6
A Yes .
7
Q Would you tell us who they were ?
8
A Paul Kras ner , Sally Ma r , a lthough Sally, I con-
9
vinced h e r t h at was not the case . There have been othe r
10
people , yes .
11
MR . KAHN : That is a ll I have .
12
MR. MICHAELS : I will be brief o n re-
13
d irect .
14
EXAMINATION BY MR. MICHAELS:
15
Q You have seen governmental agency reports a t
16
times, have you not?
A I have.
17
18
Q Investigati ve reports , that sort of thing?
A I have .
19
20
Q You are aware the informant is ofte n use d as
a n informa nt who gi ves specific i nfor mation even though
21
they are not trading a cage fo r another person's incarcera-
22
t ion?
23
A Yes , they have paid i n forma nts that do it for
24
othe r reasons . There ' s a lways some game for the informant .
25
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127
2 It is e i ther reve nge , monetary gain or tra d ing a cage with
3
another hwnan being. It is one of those three t h ings.
4
Q In f act , didn't you want revenge against Tom
S Forcade he cause you bel ieved he stole mone y and mari j uana
6 f rom you?
7
A Let's deal with that . At t he time the people
8 within the government, who wante d me t o testify agains t
9 Forca de
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q
A
Who were they , in addition to Mr. Newgarten?
Whoever Mr. Newgarten works wi th down there.
With regard to tha t, that took place many, many months ,
possibly a year before I even knew Forcade ha d be a t me
out of 5 0 pounds . So at the time that took p l ace , no.
Q By 1977 you knew about the thef t of y our
marijua na?
A I believe it was in April. I am pretty sure
it was in April. Either '76 or '77 that I f ound out a bout
it.
Q
During s ometi me , during 1 97 7, in fact , you
l earned about it a nd didn't you want revenge agains t Tom
Forcade?
. •
A I rece i ved al l t h e revenge I needed. I took
my fifty pounds back , with i nterest .
Q Fr om where?
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2 A
From a transaction Forca de and I we re invol ved
3 in.
4
Q
What location?
5
A Florida.
6
Q With his permission?
7
A
He didn 't have a choice.
I said, you know,
8 "Man, I'm taking this . What do you want to do?" He didn' t
9 wa nt to do nothing. He knew. There was a man in the room.
10
He said, "Tom, you beat him for his money ." I took fifty
11
a nd fifty more to make up for the interest and t ook one
12
hundred pounds from him in fro nt of his face.
I told him
l3 I wa s taking this . It was that simple.
14
Q The two of you were alone at the time?
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A Me a nd Tom.
16
Q
Who else was prese nt?
17
A
I wouldn't give you that infor mation .
18
Q Was a ny weapon in t he room?
19
A
Tom had a .45 in his belt .
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Q Any o ·the rs ?
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A Not to my knowle dge .
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Q Did you hav e a ny weapons ?
23
A I don't carry a gun .
24
Q Did you have any weapon?
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A No, I don't carry a gun .
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2
Q How wa s it that he ha d a gun and you had no
3 weapon a t a ll a nd that you were able to simply say to
4 him,
11
I am t aking it,
11
and walk out with something value d,
5 I t hink you said , about $20,000?
6
A That ' s what it would be val ued out, twenty
7 t housand.
8
Q
What was it, force of personality, hypnotic s?
9
A Ne ithe r . You are facetious .
10
Q
Yes , I apologi ze .
11
A What h appens in t his business is we know the
12
difference between right and wrong . I was in a position to
13
confront this man wi t h r egard t o his having cheate d me o n
14
a n earlier run. I was working at the time of being cheated.
15
I wa s working fo r Torn Forcade . I was not his part ner. I
16
was still working for him and he was supposed t o have paid
17
me $50 , 000 or 200 , 000 pounds of marijuana . Instead of
18
paying me 1 50,000 pounds of marij uana , later , just prior
19
to thi s busines s arrangement going down where I wa s Tom's
20
partner at t his t i me , just prior to it going down, I got
t he information ahout his h aving be at me for the fifty
21
pounds , s o I went t o other people in the g a ng and asked
22
did this ~ e   l l y take place . I got the information that it
23
had . I confronted Tom with the informa tion tha t he had
24
beat me for the fifty . He agreed he ha d beat me for the
25
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2 fifty. I t o ld him, " I' JT1 t.:1king the fifty and I' rn taking
3 anothe r f i fty ," be cause he was a fake . He was carrying a
4 gun but he h a d no choice because the othe r guy was in t he
5 room. He said, "Man, you CJOt no choice . You bus ted him."
6 He c arri ed a gun. Tom Forcade a l s o pulle d a gun o n me
7 during the same operation. He pulle d a gun .
8 Q There was a period of t i me t h at you were a ngry
9 with Forcade and though t about revenge but had not resol ved
10 the problem, was there not?
11
A No, because I was -- couldn 't have b e e n more
12 than a day- and- a - half, two days from t he time I found out
13 about it to the time I took my material back .
14
Q Within the l ast year , have you t esti fied in a ny
15
court of l aw wher e the jury or judge accepted your word?
16
A I h ave not testifie d in a court o f l a w i n a ny
17
case , other t ha n my cas e , t o the bes t of my knowledge . I
18
cannot ever remembe r ever being cal led . Maybe I was once ,
19
in Califor nia . I have never testified aga i ns t anyone in
20
any case anywhere in the world a t any t i me .
21
Q No judge- or jury whi c h ever received your ~ o r  
in court?
22
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A There i s no judg e or a ny jury -- I don ' t k now
24
that . There are judges and juries who have accepted my
25
word in cour t, when I defended myself. Let me try the
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sta t ement again. At no t ime in my 48 y ears , i n my
3 exist e nce , have I e v e r testifie d a gainst any person i n
4 a ny c r iminal p rocedure ; is that clear? Th a t i s p r e tty
5 b r oad . That is 48 y ears of it . Doe s that a nswer your
6
q uestio n? I ha ve t e stifie d in my own cases.
7 Q How many time s was y our word accepted in your
8 own cas e s?
9
MR. I<AHN : I obj e ct to that. One n e ver
10
knows -- How d oes o ne know the b asis of how it is
11
accepted at the trial?
12
Q In t hos e case s you t es tifie d , the c ases in
13
v-1h i c h the jury convicte d you of c r ime s
14
MR. KA HN : I o b j ect to t h a t. You don 't
15
know if oth e r testimony or evidence wa s in t h e case
16
and you don ' t know the jur y ' s basis f or wh a t t he
17
decisio n was.
18
Q Ha ve you testifie d in your own behalf?
19
A In whi c h the jury be lieved me?
20
Q Whic h i n f act res ul ted in your being c o nvi cte d
e
21
of a crime .
22
A Both . I h a ve n e v e r testif i e d i n c a ses d e a l ing
23
with o ther people ; that i s No . 1 . Le t's get tha t s t r a i ght
24
a gain, f rom t he jump.
25
Q I und e r stand your positio n .
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A Whe n I ha ve t estifie d i n my own cases , I h a.ve
3 won some and l ost some .
4
Q Tha nk you .
5
A When I have charges agri ins t me and t he j ury
6 comes in and acquits o n e ight a nd convicts o n two , I assume
7 t he jury mus t h a ve believed me on the e i ght .
8
Q As a fina l q uestion, is it your belie f that t he
9
stat ement s you have made today would be deemed dero gatory
10
by your fr i e nds , associ ates and bus i ness companions?.
11
A Between the time t hat t he inf o rmati on a s t o
12
my worki ng wi t h t he go vernment became p ubl ic and today?
13
Q You were r e f erring to t he f i r st time it wa s
14
ma de public i n HI GH TIMES MAGAZINE in 1 977?
15
A Pr ior t o a ny p ub lic a t i on, when I said "made
16
public," I meant by a par t of wher e i t was known , wh ere this
17
information
18
Q You are speaki ng about 1977, not the arti c le?
19
A I ' m s peaking wi t h a year- a nd-a - ha lf ago . From
20
that time o n, I had t o expend a tremendous amount o f energy
21
wi t h a l o t of people in telling t h e m wha t actua lly took
p l ace . There wer e those peopl e that believed t h a t I was
22
telling them the t ruth and cont i n ue d ther efo re to do
23
bus i ness wi t h me .
24
Q Out l aw business ?
25
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Eder 1 33
2 A
Outlaw busi ne ss a nd l egi t i ma t e inl aw bus iness.
3 n nd they continued t o do busine ss with me followi n g this .
4 And t he re were some p eople who felt they didn ' t want to do
5 bus ine ss with me after that.
6 However , up until the point of A. J . We herrnan's
7 a rticle appe a r ing in this Village Voice , I had nothing to
8 put my t eeth into . A. J . Webe rman has made a statement .
9 He has said I am a governme nt informant who t estifie d in
10
1977 befor e a Brooklyn gr and jury . That did not take place.
11
Oka y? All I an1 saying is, if this took pla ce, l e t me be
12
a rat in public . Let him come into court a nd state it
13 took pla ce.
14
Q
Mr . Ede r, in the various times you have s poke n
15
with repor t e rs a nd journalis ts or write rs, wh ere you k new
16
you had the opportunity to address the public a bout your
17
career in history , did yo u ever t ake the o ppo rtunity to
18
de ny the alle ga tion made by HI GH TIMES MAGAZI NE a nd t.he
19
a t t or ney, Michael Kennedy , in 1977 t ha t you were a D<1J·c otic
20
info rma nt?
A
21
I have not b e en intervi ewed by any p ublication
s ince t h a t took pla ce.
Doe s that answe r your question?
22
Q Have you done a nything t o s eek t he opportunity
23
to de ny t he a llegation made a t tha t time by thos e parti e s?
. 24
A No , b eca use I di dn ' t know wh a t t he recou rses
25
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Eder 134
were o f fered to me a t the time.
At t he t i me I was too punchy , is the r i ght
word , h aving this thing h appen to me , t o take effective
a n effective counter attack . At t his t ime I have a n
atto r ney who is willing to make a n effective counterattack
a nd for the record , unti l s uch a time , unti l I came in this
o ff ice , I hadn ' t thought about suing HIGH TIMES and Michael
Kennedy , but I a m now .
Does t h a t answer your ques tio n?
Q Is it therefore true , in fact , you never denied
that a llegation or sought any o pportunity to deny it?
A I mos t certa inly did deny this allega tio n.
Q To whom?
A To everyb ody I c ame across , t ncluding Tom
Forcade , and a t one time t here was a situation whe r e Forcade
  t o meet with me with regard to this , a nd is a
person i n New Yor k City pos sibly who mi ght be abl e t o
t es t i fy to that . Again, I cannot give this pers on ' s name
unti l I have spoken to him.
tions .
MR. MICHAELS :
I have no further q u es-
MR . KAHN : I have no further que stions .
(Time noted : _6 : 3 0 p.m.)
Subscribe d and sworn to before me
this day of 1979.
BLITZ REPORTING CO.
1 5 PARK R OW, N .Y. I 0038 PHON ES' 349-3106- 9
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135
C E R T I F I C A T E
STATE OF NEW YORK )
SS
COUNTY OF NEW YORI< )
I, SHARYN L . BAMBER, a Shorthand Repo r t e r
and Notary Public within and for the State of
Ne w York, do hereby certify:
That ·cHIC EDER , t he wi t n ess \·1hose
tion is herein.be for e s8t forth , ·was •-1. ul • . .r
sworn by me a nd t hat such is R true
r eco r d of the t estimony give n by s uc h
I f urther cer tify that 1 <:rn rio t r n l n. t .-; rl
to any of the par ties to this a ction by b J O( •d
marriag e , and that I a m in no way
in the outc ome of this matter .
my
IN \--2: h a ve reunto s et
h a nd t.h is _ _t _. _ _ da y   1979 .
B LI TZ REPORTI NG CO.
1 5 P A RK R O W. N .Y. 1 0 038 PHONES: 3 4 9-3 1 0 8 - 9