Case 1:11-cv-00179-NT Document 70-11 Filed 02/08/12 Page 1 of 14

PageID #: 1913

Rosa Scarcelli - 10/24/11
LINITED STATES DISTRICT COURT FOR

THE DISTRICT QF MAINE
It

STIPULATIQNS

is hereby agreed by and between the parties
is not waived,

DENNIS BAILEY,
Plaintiff
V.

)

Civil No.

that signature

) ) ) )

1'i11-cv-00179-JAW
ROSA SCARCELLI, having been duly sworn by the Notary
Public, was examined and testified as follows:
EXAMINATIQN-BY ATTY. HEWEY:

STATE OF MAINE COMMISSION ON ) GOVERNMENTAL ETHICS AND ) ELECTION PRACTICES, et al., ) Defendants )

g.
A.

Your name is Rosa Scarcelli?

8

Yes.
And

9

10

g.
DEPOSITION OF ROSA W. SCARCELLI, taken before Colleen A. DiPierro, RMR, CRR, pursuant to notice dated October 20, 2011, at the law offices of Drummond, Woodsum & MacMahon, 84 Marginal Way, Portland, Maine, on October 24, 2011, commencing at 3:03 P.M.

you'e marned to Thorn Rhoads&

11
12

A.

Yes.
And you were

13
14 15 16 17

Q.
A.

a candidate for governor during the 2000
you a candidate for governor~
it

—when were

The 2010 cycle Pnmary

was in 2009 and 2010.

APPEARANCES.
MELISSA A. HEWEY, ESQ.
DAVID M. KALLIN,

g.
ESQ.
PHYi LIS GARDINER, ESQ,

Okay. Your deposition has come sort of late in the
day,

so

I'm going

to try to be as brief as

I

can.

If

I

19
20

talk too fast I'l know it.

GREGORY

IM,

ESQ.
ESQ.

Very bnefiy, the ground rules of a deposition

JONATHAN WAYNE,

JOHN M.R, PATERSON, ESQ, MICHAEL A. NELSON, ESCI

are simple. The lawyers and — some of the lawyers

in

20

the room will be asking you some questions

For that

22

reason it's important that you answer
by nodding

in

words and not
It

23
24
Colleen A. DiPierro DIPierro Reporting, LLC 220 Pine Street South Portland, ME 04106
CONFIDENTIAL»

or shaking your head or making gestures,

is also important that you try to let us finish

24

questions before you begin an answer, and we,
will try

in turn,

to do the same for you. Finely, most

207-767-5330 SUBJECT TO PROTECTIVE ORDER

CONFIDENTIAL- SUBJECT TO PROTECTIVE ORDER

Deponent:

INDEX ROSA W. SCARCELLI Examination by; Page ATTY. HEWEY GARD'NER ATTY,

importantly,

it's important

that you only answer

2

79

questions that you know the answer to and that you
understand.
If
I

Number

78 79 80
81

83

10
12

85
86

87 88 89 90

EXHIBITS Descnption Page Group of Checks Email String. 7/10/11 Email String, 10/28/10 Email String, Scarcelli and Bailey, 9/14/10 Email to Bailey and Rhoads from Scarceili, 'I 2/29/10 Bangor Daily News Article Posted 1/27/11 Email String, Scarceffi, Rhoads and Bailey, 1/6/11-1/?/11 Email Stnng, Scarcelli and Rhoads, 1/19/11 Email String, 1/19/11, Scarcelli and Rhoads Email Stnng, 1/18/11 Email String, 1/25/11 Email String, 1/7/11 Email String, 7/1/10

ask you something you don'

6
42

understand,
it,

let me know and I'l be glad to rephrase

49
52

okay?

A.

Yes.
MR, NELSON: Mekssa, do we have a
confidentiality

53
66

order signed?

MS. HEWEY: Well, there is a contidentiality 72

10

order. You can sign

it,

Can we do itaffer

—ate

73
75 75 83 92

break rather than right now~
MR. NELSON: Okay. And are you going to show

some documents today that are at least subject to some

14

confidentiality

claim?

15

(Exhibits 77-90 included in onginal copy and Mr. Paterson's transcript.)

MS. HEWEY: Yes,
MR. NELSON: Then the deposition ought to be at

least within the scope of the order unless someone says
it's not

19
20 20
21
deposition

MS. HEWEY: The order provides that the
will

be confidential
it

unless some amount of
something

days someone designates

else, so we'l

keep

it

confidential

at least initially,

23

MR. NELSON: Great, And we'l sign the order

24 25
CONFIDENTIAL- SUBJECT TO PROTECTIVE ORDER

when

we'e done,
MS. HEWEY: We'l sign the order afterwards,

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Bailey v. State of Maine, et al.
that

Rosa Scarcelli - 10/24/11
11

—that were
in April

provided, you'l
in

see that Stanford
if you know

Yes'?

made a payment of $ 3500

February of '09 and then

A. That
Yes,

company being Stanford Management7

$ 12,000

of '09. I'm wondering
in

the

reason for the significant increase
February to April7

payments from

A. Yes.
Now, at some point Mr, Bailey's attention turned from

A.

I

don't know,

doing promotional

work for Stanford Management

to work

Q.

Do you know what Dennis Bailey and/or Savvy

for Rosa Scarcelli individually,

correct7

Incorporated

were doing for your company

in

February

A.

He worked for the campaign.

2009'?

Okay. And when was

it

that the focus turned from the

A.

I

don't know.

Q.

Do you know what Dennis Baiiey and/or Savvy

A.
of

company to the campaign? time? It would have been in the summer of 2009,

Incorporated

were doing for your company

in April

Q.
14

Okay. And was that -- was there a specific date and
time when that occurred or did it sort of happen over

'09?

A.
15 16 17
18

I

don't know.

Q.

And would it be fair to say that you

— you

didn't have

15

any knowledge

during the entire time that Savvy

A. 16 Q.
18

lt would

have been in the early summer of 2009.

Okay. And

— but

my question

is more did you say,

Incorporated

worked for Stanford precisely what the

17
19
20

okay, Dennis, stop doing what you'e doing for Stanford
and start working for Rosa For Maine or was
it

company was doing for you7 Did you have a general sort

sort of

19
20

of overview?

a more organic thing?

A.

The company being what Savvy was doing for me'?

A.

lt

was a very, very clear stop and start point where he

21
22

Q.
A.

Yes.
I

21
22
wouldn't
I

worked tor the campaign,

because he had had deadlines
until

have a general idea, based on our contract, what he
I

and did not do any work for the campaign

after

23
24

was doing, but

have gotten those invoices.

23
24

that time, so

—and

I

think that's actually July of

That's not what

do.

2009.
Okay. So was there a time when you specifically said,
CONFIDENTIAL- SUBJECT TG PROTECTIVE ORDER

25

Q.

Okay, You don't get the invoices?

CONFIDENTIAL- SUBJECT TG PROTECTIVE ORDER

10
2

A. Q.

No. But you would be interacting with Mr. Bailey and/or

Dennis,
I

I

want you to have a role in my campaign?

have no recollection of a specific time having that

3

Savvy employees as they put together whatever
promotional
I

conversation.
Did you talk to him about whether

4 5 6 7 8

materials

they were doing, right'

or not you should

A. vvould have some Q. Because ultimately
publicity campaign,

awareness of what he was doing,
when you'e talking about a

i'un?

Yes.
And did you talk to him about that

you as the head of company would

once or on many

want to be the person who would be aware of and approve

occasions or how did that work?
9
MR. NELSON: Are you talking about the summer

9 10

of the message that was getting sent out, right7

A.

That's correct. However, there are lots of other
things that Dennis was doing and that
I

10
12

of 2009—
MS, HEWEY: Yes,
MR. NELSON:

might not have

been involved in.

— any or

time7

13 14
15

Q.

Okay. So the overall message you would have been
invoived in. What types of things was he doing that
you might not have been involved
in'
in

13
15 16
17

Summer of 2009?
BY MS. HEWEY:
Or any time,

16 17 18

A.

You know, if he was trying to get placements

A.

I

have —I had spoke to Dennis about. whether or not

I

newspapers

or other things of that nature,

I

wouldn'

should run for governor,

yes.
you to do

have understood

what he was doing behind the

scenes.
at

18

g.

Okay. And he encouraged

so?

19
20

Q.

Okay, Would

it

be

— was

it

your

sense that

you were
with

19
20

A. Yes.
And did you talk to him
running

the person he was primarily

communicating

before talking to him about
for mayor or

21
22

Stanford while Savvy, Inc, was doing business--

21
22

for governor about maybe running

A. Yes,

other positions that you might take?

23 24 25

Q.
A.

Okay. You have to wait

until

I

finish the question.

23
24 25

A.

No,

I

talked to Dennis about helping with the Charter

Sorry.
Savvy, lnc. was doing work for that company7

Commission.

Q. —while

Q.

Okay. Did you ever talk to him about your potentially
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Bailey v. State of Maine, et al.
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Rosa Scarcelli - 30/24/ i1
15
VVould you

for mayor?

also agree with that characterization7

A.

Not to the

best of my knowledge.
terms of the work for Rosa For Maine, we have

That's fine,

g.

Okay.

In

I don't think there was a formal title. That's fine. I'm just — — terms of publicity did in

also here an agreement for services that's been marked

issues, was he the person who was primarily involved
with that

as Deposition Exhibit 3. That is an agreement that is
not signed,

as well?
but publicity is a fine

6
if

A.

I

would call it communications
I

Do you know

the

—if an agreement between

7

way to describe it,

suppose.
authority
you
in with

Rosa For Maine and Savvy Incorporated was ever signed7

8
9

And did he have a fair amount of independent

A.
10

i

do not know.

to

— do to

things or did he need to check

Did you

—have

you or anybody on your behalf attempted

10

any time he

—he took
in with

any

—did any — anything

for

ll
12

to locate a signed document7

11
12

the campaign?

A.

My

compliance manager for my campaign, Charlie Heeley,

A.

He didn't check

me on everything

he did with

13 14
15 16 17

is in graduate

school, and all of the documents are

in

13
14
it

the campaign

by any stretch

so there was

— the

intent

his mother's

basement

in

New

Jersey.
exists,
in

was to have coordination with my campaign manager.
Okay,
well

Q.
A.

Okay.

So you

would assume, if that document

15 16 17

would probably be in New

Jersey

a basement?
Exhibit 3,

So he would work with the campaign manager as as yourself and others?
it

Correct.
You'l notice,
I

A. Correct.
But generally when

18 19
20

think, that that document,

18

came to communication,

he had the

is dated as of September

2009?

19
20

authority to make decisions himself'

Yes.
Do you

A.

I

think that's fair to

say.
it

21
22

see that?
means yes7

21
22

Q.

Okay. Okay. When was

to your memory that the

Uhm-uhrn,
And uhm-uhm

notion of creating a blog about Eliot Cutler first carne

23
24

23
24

up?

A. Yes.

Sorry.

A.

I

wasn't aware of a blog about Eliot Cutler until the

25

Okay. And so did Dennis Bailey and Savvy Incorporated
CONFIDENTIAL- SUBJECT TG PROTECTIVE ORDER

fall

of 2010.
CONFIDENTIAL- SUBJECT TO PROTECTIVE ORDER

14
not start working for the Rosa For Maine campaign
until

16

Q.

Okay, VVas there to your memory ever any discussion

September of 20097

about the possibility of biogging about Eliot Cutler
within your

A.
4
5 6

Not formally.

campaign?

Q.

Okay. Did Dennis Bailey and/or Savvy, Inc. start
working for the Rosa For Maine campaign
informally

A.

Nothing that we would ever blog. There's existing

blogs but we would never blog ourseives,

VVe didn'

before September of '09?

blog.
but

7 8

A.

Dennis provided
I

— have to look at the timeline,
I

Okay,

So Exhibit 4,
I

would you take a look at that.

believe

I

launched my campaign officially the 15th of

A. Yes,
9
Okay. Before

9
10

July, and Dennis would have provided some services

ask you about Exhibit 4
if

I'd

just like

related to the launch and then nothing really happened
until

10
12

to ask you what,

any, documents

did you review to

11
12

the fall of 2009. There's no really campaign to

prepare for this deposition?

speak of.

13 14 15

Q.

Okay. While the campaign was ongoing, what was Dennis

Bailey's role?
He was communications
Did

A. Just documents provided by my attorney. 13 Q. Documents that you produced in this litigation? 14 A. I'm not sure which ones — this isn't mine.
Is this a document?

A. 16 Q. 17 A.

and strategy.

he have a title?
I

THE DEPONENT:

is it7

I

don't even know.

Not that
Did

can recall.
did he report

17
to?
manager and then with—
20

So reviewed emails that
I

Mike provided to me.

18

— who

18

BY MS, HEWEY:
Okay. And were those only documents that you produced

19
20

He worked with my campaign
with

me to the extent that the team is working

or were they also the Bailey documents7
MR. NELSON: They were documents
that we

21
22

together.

Q.
A.

And when you

say — you said communications

and

produced but also documents that we didn't produce

23
24

strategy7

because they had already been produced by Mr. Bailey.
MS. HEWEY: Okay.
called him a senior advisor.

Yes,
I

25

g.

think your husband

BY MS. HEWEY:
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Bailey V. State of Maine, et al.
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'i

Rosa Scarcelli - 10/24/1
Okay. So when you recommended
starting a blog campaign

Yes.
And then your

was to say: response was that —

I

think

like the anti-Richardson

movement,

were you
blog campaign?

it's highly important

to start a blog campaign against
movement.

recommending
I

starting an anonymous

him like the anti-Richardson

don't think

I

was recommending

anything,

to be

Do you

see that?
movement?
on the Portland

perfectly honest with you.

Yes.

Do you recall whether there was any follow-up

Q.
A.
9 10

What's the anti-Richardson
I

discussion to this email, Exhibit 4?

think it was a lot of comments

Press
Okay. Now let's talk a little bit about

Herald, just anonymous

comments,
I

— I'm

going

Okay. And so when you said:
important

think it's highly

10

to run you through a few documents,
many,
Hopefully

but it won't be too

to start a blog campaign against him, that

they'e the same ones you'e already
is that a document

meant Cutler, right?

seen.
Exhibit

Yes.
14

6,

you'e seen

Q.
A.
A.

What were you suggesting?

recently?

15

Posting anonymous

comments or existing blogs,

Yes.
And in this

16 17
18

Q. Okay. So you —you wanted to use existing blogs?
I

— in

this email

you'e

talking again about

didn't want to use anything.

I

was suggesting that

17 18
20

some press coverage of Eliot Cutler, correct?
Yes,
You say that the press coverage needs to be flagged for

that's

— that's

something

they may want to do.

19
20

Q.

When you say it's highly important to do that, that

seems to indicate that that was something that was a
priority for you; is that right'?

Zach this morning.

Do you

see that?

21
22

Yes.

A.

Absolutely

not

in

the grand context. Maybe as you look

Q.
A.

Who are you talking about?
I

23
24

at this email, but absolutely not.

believe this is Zach Stewart of the DGA,

Q.

Okay. So when you wrote the words: It's highly
important to start. a blog campaign against Cutler, what

And why did this need to be flagged for Zach in your

25

view?
CONFIDENTIAL- SUBJECT TO PROTECTIVE ORDER

CONFIDENTIAL- SUBJECT TG PROTECTIVE ORDER

22
did you nlean?
Highly important

24

Because our strategy on our campaign to be successful
they organize their time
in

such a way

in

the Democratic Primary was to show that we were the
win

that they were looking at how else to, you know, post

best candidate to

the general.

anonymously
I

on the Portland Press Herald or something.
In

Okay. So my question, though, is why did the Press
Herald MaineToday story about Eliot Cutler need to be

don't really remember.
I

the grand scheme of

things,
it

have no recollection of this email, not until

flagged for Zach in your view?
I

was shown to me.

don't remember and
it

I

don't remember the article.
if you don't

Okay. So it's fair to say that you don't remember
recommending

Okay. Is

because — well,

remember,

to your campaign that to start a blog

you don't remember,

10

campaign against Cutler?

Okay.

I'e got to find

some other stuff,

11
12

A.

No.

Dunng this time period in the fall, late fall of

2009,

But it is true that, as you sit here today, you believe
that if you were

your husband was doing a significant amount of research

— at — that that

in

recommending

a
an

about Eliot Cutler. Were you aware of that'?
No.

blog campaign, you certainly intended to recommend

anonymous
No.

blog campaign?

Were you aware that he was doing any research on Eliot
Cutler'

Okay. Didn't you say to me that

— say to just

me a

He provided something

that's

in

the email string that

few minutes ago that you were talking about posting
,

was,

I

assume, part of that.

19
20

anonymously?

Okay. And that's

— my

question is a little bit

A.

No, I'm saying what you said was what was the

20

broader.

He's testified that he was on his own time

Richardson campaign, and

I

told you what

I

thought the

doing research, hours and hours of research, on Eliot

22

Richardson's

campaign was, which they were posting,
on the Portland Press

Cutler beginning
forward.

in

the summer of 2009 and continuing

people were posting anonymously

24
25

Herald.

That's what

I

thought the Richardson

campaign

So my question
research was going on?

is, were you aware that that

was.
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is me talking and then you talking,

'i

so

I'm not trying

stuff available on the Internet.
Well, did you ask Mr. Rhoads what
it

to be rude, okay?

was and where he

Yes.

obtained it?
in

Q.

Good. Okay. But
didn't tell you that

any case, your campaign
with Link

manager

A.

No.
Did you ask him whether he had obtained it all by

she was consulting

Strategies about Eliot Cutler?

himself or whether other people had been involved7

A.
8 9

No.

A.
8
I

No.
Did you ask him who owned it7

is that right?

A.

No,

did not know that.

10

Q.

Okay. Now, you

— you
I

said that you realized that your

9 10

A.

No. But you did try to sell it'?

11
12

husband,
night.
night.

Thorn Rhoads, was googling Eliot Cutler at

Did you

— or

don't know if he said

it

was at

13
14

11 12 13

A. We

tried to give

it

to the Democratic Party.

For money7

A. There

was some discussion.

MR. NELSON: She didn't say that.

]4
that.

Okay. Let's start with Exhibit 17.

15
16

MS. HEWEY: That's why
BY MS. HEWEY:

I

withdraw

17
18

Q.

You say you knew he was googling Eliot Cutler.

Did

there come a time that you knew that he had collected a

15 16 17 18

A. Yes. Q. Okay. So this
A. Yes,

is emails between you, Dennis Bailey and

your husband, Thorn Rhoads, correct?

19
20

book of information

about Eliot Cutler?

June 16, 2010?

A. Yes,
And did you

— when

you came to know that he had

21
22
well

Q.

After the Pnmary?

collected a book of information

about Eliot Cutler, did

A. Correct.
So
my first question
is who's Rick?

23
24

you knaw that that included some raw materials

as

23
24

as some content that he himself had written?

A.

Rick Redmond.
And who is

25

A.

I

didn't know

it

was

in

the book. Na,

I

did not know

25

he?

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30
that.
He works for the Democratic Party.

Q.
A.

What did you know about the book?
Nothing.
I

Okay. So the first email on this string says:
What

I

told

thought

it

was stuff he printed off Google,
know.

Libby about the need to pay down debt and the book,

Q.
A.

Okay. HowArticles or

— that's and

Libby Mitchell,

I

assume'?

— don't even
I

I

never gave it very

A. Correct.
What did you tell Libby about the need to pay down debt and the book?

much thought.

Okay. How did you come to know about

it'?

A.
9

I

dan't remember.

A.
10
it

I

told Libby that Thorn had pulled together some

When did you know about it?

documents and that

—in a

binder, a book, and that we

10

Sometime

in

June of 2010.

needed to pay down debt.
And then did you offer to provide her with the binder

Q.
A. Q,
15 16 17
18

Okay. So your view is that you didn't know about
until

after the Primary; is that right7

that Thorn had pulled together in return for some

Absolutely.
Did you

assistance
it

with paying down

the debt7

come to know about

because he told you or
it lying

14

A. Yes.
Did you give her an asking price7
I

sameane else told you ar you saw
what7
I

there or

don't recall, This says $ 30,000, 30K, but

I

don'

never saw

it lying
I

anywhere,

and

I

honestly don'
it.

recall the conversation.

remember how
Okay,

came to know about

18

But 30K, that would be $ 30,000?

But in any

case,
it

you didn't know what was in it?

19
20

Correct,
And what was the debt of the campaign

A.
21
22

No.
And you just thought

at that time'?

g.
A.

was a bunch of articles printed

21

$400,000, $485,000,
something

I'm not

sure of the total amount.

off of Google?
I

Okay. So the asking price of $ 30,000, was that
you came up with or someone

23

didn't really know what was in the book.

else?

Q.
25

Okay.
I

That number came from what Link Strategies charged me,

A.

didn't make

— mean,
I

my assumption

was that

it

was

25

and

I

told you

I

don't remember

if

it's

20,000 or

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33
but Link Strategies charged for my
I

Rosa Scarcelli - 10i24/11
Take a look at Exhibit 18,
Okay,

30,000,

self-research book, So that's where
number came from,

believe that

Okay. So this is an email string of discussion

Okay. So before you said Link Strategies charged you

between, again, between you and Thorn Rhoads and Dennis
Bailey on June 16, right?

20. Are
foi'—
Again,
I

you saying to me now that they may have

charged you 30 or that you were charging 10 more

Correct.
And it's all about your efforts to sell the book again

don't remember

what Link did, Link Strategies

to Libby and to others?

charges one amount, it's the only amount that the
campaign paid for, whether
how much
it

Yes.

it

was 20 or 30, but that'

10

Okay. And you understood

that

—you see the June 16th
in

cost for a research book.

date at 4:37 Thorn Rhoads saying that

addition to

12

Okay. So even though you thought that Thorn had just

cash for the book, they also need

firm

assurances of

13
14
15

gathered up some stuff from the internet, you thought
you might be able to sell
it

support from Libby and the Party for our next move?

for 30,000?
I

Yes.
never did,

Tham looked at the Link Strategies report,

Period, firm, period. Do you see that?

and Thorn thought his stuff was just as good, and so

Yes.

that's where the number came from, That's my

17 18

Do you know what next move he was referring to?

recollection.

A.

I

do not.

19
20

Okay. And the money, if

it

came

in, was going to

be

Did you

ask him?

used to pay down some of the campaign debt?

No.

21
22

A.

The money would have gone to me and Thorn. There's no
campaign debt specific

21
22

Did you have

a next move

in

mind?

— specifically.

Thorn and

I

No.
Did you agree with him that you should ask for firm

23
24

wrote a check to my campaign.

Okay. So explain that to me.

assurances of support from Libby and the Party for
in

25

A.

That the campaign was funded

part at the end by my

whatever next move was being contemplated?
CONFIDENTIAL- SUBJECT TO PROTECTIVE ORDER

CONFIDENTIAL- SUBJECT TO PROTECTIVE ORDER

36
personal funds.
Okay. But
it

No.

I

wrote: It's better not to demand anything.

It

wasn't funded only by your personal

looks self-serving—
MR. NELSON: You have to read more slowly.
I

funds, right?

The campaign?

wrote: It's better not to demand anything.

It

looks

Yes,
No, but

self-serving and that's not how you win respect. You

a significant portion at the end was my

have to earn it. I'l take the money and help her on
an issue that is true to my values.
And

personal money.

Okay. And when you were talking about paying down debt

so you were
not.

willing

to take money for the book but

at a campaign—
That would have been my personal funds.

you didn't want additional promises; is that right7

Absolutely
had to

— that

would have been a debt that the campaign

When you say absolutely not, does that mean
right?

it isn'

you and your husband?

There was no debt technically,

it

would have been

— it

No, correct. Sorry, yes,

I

was not looking for

14 15

would have been replenishing

funds, my personal funds.

anything,

Okay. So assuming that you were going to sell the book

Sorry.

I'e just

got to make sure that the record is

to pay down debt of the campaign, is

it fair

for me to

assume that you understood that the campaign owned the
book?
No. My campaign had no debt technically, so that would

So you were
When was that?
Immediately

looking for money and that's it7

At that point. in time money

became a nonissue.

have been money that would have come back to me and
Thorn, because Thorn and
I

after.

wrote the checks for the

When you couldn't sell it?

campaign.
Okay. Do you
like to

Correct.

—I'm

just looking far one thing

I'd

During this time

you'e continuing to communicate

with

do. These things are a mess. Give me one

Dennis Bailey, correct7

minute and I'l find this.

Yes.
CONFIDENTIAL- SUBJECT TO PROTECTIVE ORDER

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l3iPierl'o Repoif1'ing

PBge

33 to 36 Qf

li4

Case 1:11-cv-00179-NT Document 70-11 Filed 02/08/12 Page 7 of 14

PageID #: 1919
j 't

Rosa Scarcelli - 10/24/
37
1

39
sometime
in

Q.
A. Q, A.
Q

And was he being paid?

late June, right?

2

No.
Not by anybody?

A. Yes.

3 4
5 6

Q. So shortly
right?

after your efforts to sell the book died,
starting blogging atl the goods,

No.
He was just doing work for you for fun?
I

you'e recommending
Dennis did for me work,

7

A. Q. A. Q.

would not consider anything

A.

This is not related to the book.

Okay. And why
Dennis wasn't

— why

would you not consider anything

Q.
A.

Okay. When you say blogging all the goods, what—
tell me what goods

8 9 10

that Dennis did for you work?

you'e talking about,
around Eliot Cutler calling him

— because

he wasn't working for me.

This is

in

an email chain where Dennis Bailey on his

Well, he was providing

you with advice on public

own blog does something

11

relations matters, correct?
At what point in time

A. 13 Q, 14 A.
12

are you referring to?
me something specific, These

12

a whore, and that chain is related to that. That' Dennis'log.

After

after the —

you lost the Primary.

Q.

Okay. But I guess my question was a little bit
different.
everything,
And, you know, just

You have to show

— ask

so that you have

15 16 17 18 19
20

emails were not Dennis vvorking for me.

we marked

as

an exhibit this afternoon the

Q.
A.

Okay. They are Dennis trying to heip you sel! the

book7
I'm

second page to that chain, so I'm going to give that to think you so that you have it all in front of you,
I
I

not sure you could glean that from those emails.
that after the Primary

it

was

in

the early 70s.

don't think Dennis was trying to help sell the book,

Well, let me just ask you this while I'rn

Q.

Okay. It's true, isn't

it,

20

looking for this, When you say: Let's just start

21
22

Dennis helped you with various state

— press

blogging all the goods, what goods are you talking

statements that you made?

about?

23
24
25

A.

Significantly

later Dennis helped with press

A.

I

don't recall.

I

mean,

I

read this

as

light and

a

statements,

correct.
press statements is part of the

jokester, joking, a joking comment.

Q.

And that crafting of

Q.

Well, you'e talking about blogging about Eliot Cutler,
CONFIDENTIAL- SUBJECT TG PROTECTIVE ORDER

CONFIDENTIAL- SUBJECT TG PROTECTIVE ORDER

38

40
correct?
I

— Dennis'ob, right'? A. Not with —not with me at that point in time, no, Q. Okay. So you'e saying —but you'e saying— A. Dennis did not work for me after my campaign,
job

wasn't talking about blogging Eliot Cutler, no,

I

wasn't talking about blogging Eliot Cutler.
and the

Q.

Okay. There's a reference at the bottom of the email
to a blog that Dennis Bailey wrote about Eliot Cutler,
right7

press statements that Dennis was involved in, there
probably were ten people involved in crafting those

statements and they were all friends.

Q.
A.
10

Okay. And so nobody was paid anything for it?
No.
All

8

A. Q.

Correct.
And then your response to that is: This is why we need

to start blogging

all

the goods.
all

right. So let's talk about Exhibit 22,

10

Yes.
This is in July of 20'I0 after the Primary, right?

So my question is when you'e talking about the goods, are you — first question is are you my
created about Eliot Cutler?
I

talking about the goods in the book that your husband

Yes.
Before the Cutler Files website went up, right'?

13 14

Yes.
16
And when you

say to Dennis Bailey and Thorn Rhoads:

17 18

This is why we need to start blogging all the
you said that to them, right7

goods-

A. don't know. 15 Q. You may or may not have been? 16 A. Yeah. 17 Q, And when you say we need to start
up, what do you mean by that7

livening the party

19

Yes.
We need to liven this party up, right?

Again,

I

think this was light in

response to
Dennis'oke

blog that he created. This

is-

Yes.
so we get late June you were trying to sell the book, right?
Now, just

21
this straight in time, in mid to

Okay.

22

That's not much
that.

— don't
I

attribute any meaning to

Yes,
And you said that your efforts to sell the book died

Okay. Let's take this piece by piece, And before
do that, just

vve

I'e

put in front of you Exhibit 57A
j

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3.

14

Case 1:11-cv-00179-NT Document 70-11 Filed 02/08/12 Page 8 of 14
Baitey v. Skate of Maine, et. ai.
45
1

PageID #: 1920

Q.

And

so

by putting

in

an email that he was planning

on

Mortgage, inc. Did you know that Sarah Serling did

2

going out independently

on a website is pretty clear to
right7
in

some research

with regard to the Thornburg

Mortgage

3
4
5 6

you that he wasn't hiding that intention,

Issue?
any

A.

My

husband
I

never shared his intention with me
is

way.

— this

—means

nothing to me.
in

Well, when you say he never shared his intention

any
I

7 8

way, I'm just asking about this language which says:
think it makes most

A. did not know at the time. Q. She's an employee of yours? A. Yes. Q. And she did that research during
I

work time to your

sense to go out

with

it

on our own

understanding?

9
10

independently

on a website,

A.

I

have no idea

—no

idea when she did

it,

That's an email that he sent to you, right?

1J
12

A.

It's an email that he

sent to Dennis and copied me on,
to Paul,

Q.

Okay. And then your response with regard to adverse
information

Q. A. Q.
13
14

Okay. She's also a close friend of yours7
No, she was an employee of mine, Okay. You two are not social friends, she's just an

13
14

about Eliot Cutler was to give
don't know.

it

employee?

And who is Paul?

A.

I

actually saw her yesterday with her baby, but

I

see

15 16
17

A.

I'm

assuming — don'I

I

I

mean,

15

her once every six months since she left.

there's a lot of Pauls,
it's Paul LePage, right?

Q.
17

Okay, ln this email

— well,

let me ask you about the

18
20

Q. You'e assuming A. It could be my attorney, Paul Driscoll, well, why would you 19 Q. And it was like —
that information
Paul Driscoll7

middle part from Rosa Scarcelli to Thorn Rhoads.

want to give

You'e making some suggestions about the edits to the website. Do you see that?
20

about Eliot Cutler to your attorney,
recall saying this, so I don'
you an email or

A.

This is not me.

I

did not write this.

21
22

21
22

Q.
A.

Okay. Who wrote it?
I

A.

I

have no

— don't
I

have to assume that Thorn wrote

it, but

I

don't know

23
24

know what the intent was,

the first thing about Thornburg
this email.

and!

did not write

Q.

Okay.

In

any

case, your husband sends
in which

25

copies you on an email

he's talking about

25

When you say you have to assume that Thorn wrote

it,

do

CONFIDENTIAL- SUBJECT TQ PROTECTIVE ORDER

CONFIDENTIAL- SUBJECT TO PROTECTIVE ORDER

46
independently

48
you have any information
I

going out on a website, and you respond

that he wrote it'?

to it.

A. A.
A.

And

I

probably never read past the first line.

Were you supporting
No,
I

Paul LePage at this time7
Libby Mitchell.

A. know Thorn wrote this email. Q. How do you know Thorn wrote this email? A. Because it's Thorn's voice. didn't write this
I I

email,

was supporting

don't know anything
in

about Thornburg.

We have one
it

Okay,
ls that relevant?

iPad

our house, so it's quite plausible he wrote

because he used the iPad,
I

That's the beautiful thing about depositions.

get to

g.
10
for

And

so you believe that he wrote an email on your
account?
It's the only way

ask the questions. 10
Exhibit

rosa@stanfordmanagement.corn

31?

A.

My

iPad cycies through my server,

Yes.
12

any outgoing messages go through it, and that's my

g.
A.

That's a document that you reviewed in preparation
this litigation
l've

12

Stanford email address.

13 14
15 16
17

— — this this

deposition,

right'?

Q.
it in

Okay, And my question was, so you believe that your

seen this document,
for this deposition7
it in

husband wrote an email to himself on your Stanford
Management

Q.
A.

Okay. And my question was, did you review
preparation
I

account?
wrote an email to himself on my iPad,

16
for the

A.

No, my husband

don't think we reviewed

preparation

which then serviced itself through my Stanford

18

deposit~on,

Management
it

account, because that's the oniy way any
it

19
20

Okay. But have you seen

recently?

outgoing emails go; and he sent

to himself on his
it

A. Yes.

20
it

iPhone and cut and pasted

it

and sent

to Dennis.

21
22

Q. A.

Who showed
I

to you recently?
I

Q.
A.
I

Okay,
I

Have you talked to anybody about that theory7

wouldn't say recently.
I

I saw this — don't even

talked to my husband

about

it

because he told me

23
24

know when

saw this, but

I

have seen

it

before.

that's what happened.

don't know who showed it to me,

Okay. VVhen did he tell you that?
in this to Thornburg

25

Q.

Okay. Now, there's some reference

A.

After he looked at the email.

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of

li4

Case 1:11-cv-00179-NT Document 70-11 Filed 02/08/12 Page 9 of 14

PageID #: 1921
'i

Rosa Scarcelli - 1OI24/1
Q.
A.
When was that7
I

Explain
I

it

to me.

don't know, when he pulled his documents,
in

have no

The joke?

idea,

the last month.

Yes.
I

Q.
6 7

Okay,
I

So this was

in

the documents he pulled?

don't remember the joke. I'm sorry, I'm not very
I

A. Yes. assume.

funny to begin with, so I'm not sure

can be funny to

Q.
A.

Okay,
I

restate
I

it

for you.

In

other words,

it'

don't know.

honestly don't know


I

don't know.

light-hearted,

no content, a prayer circle. It's a

8 9

g.
A.

Well, I'm trying to find out

— you

said that you and

joke.

your husband

had a discussion about this particuiar

9
10

Okay, So when you looked through your emails to
particular emaii?

— to

10
12

email when he pulled his documents.

produce documents for your deposition, did you see this

Let me correct that.

I'e talked

to my husband briefly
it

about this, and I'm assuming
from,
I

that that's where

came
I

12

No,
It

13
14

guess

I

shouldn't

make an assumption.

have

13
14

wasn't

in

there?
I

no idea.

A.

I

don't recall it.

don't recall.
tell

15

Q.
A.

What did you and your husband
to this particular
I

talk about with respect

MS. HEWEY: Can you

me whether this was

16
17

email" ?
I

16
looked at
it

amongst the documents that were—
I

was asked about this email and

and

have no recollection.

I

don't think it was in my

said: This isn' me.

So where
it,
I

did it come from? Thorn

19
20

said; Obviously,
very simple.

I

wrote

didn't write it. It'
I

18 19
20
22

documents.
MR. NELSON:
I

don't remember.

It's not my voice,

don't know anything

MS. HEWEY: Okay.
MR, NELSON:
I

21
22
23

about Thomburg.

It's not my email.

do know that if there was

g.
A.

How many times to your knowledge

has your husband sent

anything

that had been produced by Dennis Bailey, we

emails under the name rosa@stanfordmanagement.corn?
Any time

23
24 25

pulled it out of the production,

24
25

he uses my iPad,
my question

MS. HEWEY: Right.
MR, NELSON:
I

and Q. So it's —

is how many times to your

can't tell you as sit here
I

CONFIDENTIAL- SUBJECT TG PROTECTIVE ORDER

CONFIDENTIAL- SUBJECT TO PROTECTIVE ORDER

50
knowledge has your husband

52
today whether
it

sent ernaiis under the

was

in

the production.
I

address rosa@stanfordmanagement.corn?

Again, it's on my iPad. It's uniikely

would have it
in my

A.

I

have no idea. Any time he'd like to use my iPad he
Our

stored

in

any documents

— mean,
I

files,

my—

would be using the rosa@stanfordmanagement.corn.

you know, my email.

iPad is one iPad for the house so anybody

—my

Okay. And things.

I'm not

accusing you of doing any bad

children could be emailing their friends from

rosa@stanfordrnanagement.corn,

and it would look the

MR. NELSON: No.

same.
Right,
And

so guess
I

my question

is, are you aware of

MS, HEWEY;

I

just want to know whether this
out

10

any other instance where your husband
from your iPad or anywhere

has sent an email

10

particular document is part of the emails or the

under the email address

documents that she has, and you may have pulled
but
I

it

rosa@stanfordrnanagement.corn?

just want to know that, okay?
MR. NELSON: Okay.
I

13
14

A.

I

would have no idea,

because how often do you end up
have gotten pulled7

can't tell you.

in

a deposition where documents
I

MS, HEWEY: No,

I

know you can't tell me right
in

15 16 17 18

Quite honestly,

don't go around tracking his emails.

now. I'm just saying at some point
well,
I

your

llfeit

Q.

Okay. Let's look at No,

80.

I

mean—
in my

(Deposition Exhibit No. 80, Email String,
10/28/'I0, marked for identification,)
BY MS. HEWEY:

don't think it's

documents

because

doesn'

go through my Outlook account, so.
BY MS. HEWEY:

19
20

Q. DB10667
A. Yes.

20

Okay,

Did you look through

your iPad in response to

21
22

21
23
24

the document request?
No, and
I

g.
A.

I/ho were you starting a prayer circle for?
Paul Le Page.

don't even know how you do that.
it

23

Okay. Did you give
look through
My
it'?

to your counsel and allow him to

24
25

Q.
A.

Why?
It

was a joke.
CONFIDENTIAL- SUBJECT TG PROTECTIVE ORDER

iPad?
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l3iP ierro Reporting

Page 49 tO

114

Case 1:11-cv-00179-NT Document 70-11 Filed 02/08/12 Page 10 of 14

PageID #: 1922

Q. A.

Yes.
It

Correct.
It

doesn't save things.

doesn't archive

I

don'

And you knew that

— that

he felt at least that

it

was

know why.

He's welcomed to have

it, but it

doesn'
I

3

important to get

it

out there, correct?

work that way,

It's Outlook and it's like

a — don'

4
5 6 7 8

A.
A.

At what point in time?

know the technology,

Q.

Well, you

so don't ask me how it works. a seem to, Let's talk then about — little

As of August.

Approximately,

yes.

about when you were crafting your statement
first,
I

for-

You knew that even
it

— even

during your campaign

he felt

want to make sure if there's anything

else.

was important to get information about Eliot Cutler
wasn't paying much attention to what his desires were
I

Okay. Let me show you Exhibit

81.

9

out to the public, right?

10

(Deposition Exhibit No. 81, Email String,

10

A.

I

Scarcelli and Bailey, 9/14/10, marked for
identification.)

during the campaign.

mean, there was
me
in

— was he

clearly interested

in putting

a strategic

BY MS. HEWEY:

13
14
15

position that was strong within the Democratic Primary.

14

Q.

This is just a follow-up on the prayer circle, Can you
actually pass one of those copies over to next-door.

Right. And one way he wanted to put you in a position
that was strong
this information,
in

15
16

the Democratic Primary was to get

MR. NELSON; To whom?

16

the truth about Eliot Cutler out,

MS. HEWEY; Anybody who seems interested, which
might

right?

be no one.
MR. NELSON: is there one particular part you

A.
20

No.
with

I

mean, he wanted to make sure that
in

I

was strong

the DGA early

the campaign, and that

was—
I

20

want her to look at or do you want her to read the

that was the strategy around that. Beyond that,
no

have

whole thing?

21
22

— that

was not part of anything that was going on

BY MS. HEWEY;

after that strategy memo for the DGA,
Okay,

23

+@5
I

M

23
24
25

So to your understanding

his interest in Eliot

Cutter was around making sure that you were strong with
the DGA?

CONFIDENTIAL- SUBJECT TO PROTECTIVE ORDER

CONFIDENTIAL- SUBJECT TO PROTECTIVE ORDER

A.

g
Okay.

54
Correct.
And then his efforts to get information

about Eliot

Cutler out to the public through various press

organizations
No.

is not something

that you were aware of'?

g.

Q.
(Deposition Exhibit No. 82, Email to Bailey and

And you weren't aware of the website, even though there

had been discussions

of biogging, you didn't-

Rhoads from Scarceili, 12/29/10, marked for
identification.)

A. The

website being the Cutler Files?

Q.
10

Yes,
I

10

BY MS. HEWEY:

A.

was not aware of it before
It

it

was live.

Q. A. Q.

Exhibit

82?
I ask you about this, do you mean —

Okay.

goes live.
it

And when did you first

become

Yes.
Okay. So before
I

aware of it after

went live?
I

A. Somewhere

shortiy after there.

don't know the exact

just want to sort of get some background

about this.
Okay. And when you became aware of it, did you

The website testimony has been here went live on August

30, 2010,
Is that consistent with your

become — you know that did

it

was your husband and

— approximately

Dennis Bailey who were responsible for it'?

18

your memory'?

Yes.
And what happened
it

19
20

A.

Approximately.

— how

did you

— did

you talk to

g.
A.

Okay. And is
it

your testimony that prior to the time
and

them about that?

21
22

went live, you did not know that your husband

21
23

Yes.
Tell me did you talk to them in person or how.
I

Dennis Bailey were going to do this'?

23

Correct.
You knew that your husband
information?

don't recall specific conversations,

I

actually left

g.

had collected the

almost immediately

after that and went on a 10-day

25

retreat and was blissfully away.
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DiPierro Reporting

Page 53 to 56

Case 1:11-cv-00179-NT Document 70-11 Filed 02/08/12 Page 11 of 14

PageID #: 1923

is Dennis'osition,

this is Dennis'tatement.

A. Yes.

I

didn't say
it.

I

like this and it's accurate and

Q.
4
5

But my question simply is right now you knew this

please go print

statement was inaccurate, right?

Q.
on Mr. Cutler by

Okay.
I

A.

My husband

developed some information

searching on Google that he thought was important to

A. simply said like it, Q. Okay. Let's talk about
I

your statement.

6 7 8 9

share

with

voters. He gave the information—
More slowly, please.

MR. PATERSON: How about a pitstop?

MR. NELSON:

MS, MEWEY: Okay. Sounds good.
it

A.

He gave the information

to Dennis Bailey who posted
I

(Deposition Exhibit No. 83, Bangor Daily News
Article Posted 1/27/11, marked for identification,)
(A short break was taken,)

on a website,

End of story,

think that's

accurate.

10

BY MS. HEWEY:

Q.
A.
14

Okay.

I

thought you just told me that he also did

BY MS. HEWEY:

editing?
This is

12

Q.

Okay. Exhibit 83, is that probably the statement that
you were referencing

— this

is not conclusive,

It's

— doesn'
not mine.
it,

a few minutes ago?

say, you know
honestly.

—it doesn't —it's

irrelevant,
it,

MR. NELSON: Just give her a chance io look at

15
16

This is Dennis'osition,
I

okay'?

Q.
A.

Okay. And
Right,

understand

that Dennis wrote

not you.

16

MS. MEWEY; Yeah.

17 18

A. Yes.
right now is you knew

Q.

And my only question

as of the

18

BY MS. HEWEY:

19
20

time you received this that that was not accurate,

19
20

g.
Q.

Okay. That's a statement that you gave to the press on

right?

January 27, 2011, correct?

21
22

A. Q.

It is

missing

information;

it's not inaccurate.

21
22

A. Yes,
And why would

Okay. And even though you recognize that it's missing
information

— why

did you make a statement

about the

23
24

and that it's information

that your husband

23
24

Cutler Files?

was going to publish to the public, you wrote that you
liked it, right?

A. The Ethics

Commission

had concluded their

25

investigation.
CONFIDENTIAL- SUBJECT TG PROTECTIVE ORDER

CONFIDENTIAL- SUBJECT TG PROTECTIVE ORDER

66
And why did you feel that you needed to make a

68
statement about the Cutler Files?

So were youAgain, a general broad statement
it's irrelevant

that

I

like it, but

There was a tremendous

amount of speculation

about who

because

I

never used the statement.

the John Does were, whether or not my husband was
involved and whether or not
I

Okay.
This is

was involved,
in

There was
front of

— this

is Dennis'osition

and how he views

certainly direct accusations of that nature

the world.

the Ethics Commission,

and

I

felt that

it

needed to be

8 9

Q.

Okay.

addressed.
have my public statement somewhere,
I

A. So if you
that
I

something

And yet you still hadn't even looked at the website?

10

actually put out that's in my words, then

No.

11
12

could probably more accurately answer what you'e
trying to get
I'm

at.

11 12

Okay. Now,
you a

I

on this statement,
little bit

just want to ask you about a few things and then want -- I'rn going to ask
I

13
14

just trying to get at this particular document
is

about the process you went through to
said from the

right now.

craft this.
You say; Let me be clear, As
beginning,
I

15 16
17 18

A, This
And

Dennis'ake on the world.
is stated here was accurate

you'e said that what
correct?

there was no involvement
in

by me or my
in

but not complete,

campaign

the Cutler Files website

any way, shape

Correct.
However,
it

or form.

does say, end of story, which indicates
20 Yes,

Do you see that'?

that that's the full story, right?

21

A.

And it's in my opinion

—I'm

not sure what you'e

21
22

Do you think that that's an accurate statement?

asking,
I'm

Absolutely,
And let's put you aside for a minute and talk about

just trying to find out whether, when you said you
that you

74
25

liked this, you recognize that the statement

your campaign,

No doubt that your husband

was

said you like was inaccurate?
CONFIDENTIAL- SUBJECT TO PROTECTIVE ORDER

associated

with your campaign,

right?

CONFIDENTIAL- SUBJECT TG PROTECTIVE ORDER

3.

14

Case 1:11-cv-00179-NT Document 70-11 Filed 02/08/12 Page 12 of 14
Bailey v. State of Maine, et al.
1

PageID #: 1924

about it. Is that true?

Okay. Did he
when exactly
I

— had

you spoken with him about the

A. Yes.

Again, timeline is the question:
I

Cutler Files before you began crafting this statement

confronted Thorn, when exactly

confronted Dennis.

as
I

in Exhibit

85?
I

This is in January reflecting back four months earlier.

may have.

don't recall.

I

mean

— yes,

I'm

sure

I

Q.

Okay. Now, even though this is in January reflecting

CIICI.

back four months earlier, you did spend a significant
amount of time crafting this website and trying to make

6 7

Okay. Exhibit 84 is what?

A.

It's the same statement,

I

think, correct?

sure that it's—
MR. NELSON: It's a statement.

8

Well, Exhibit 84 is comments made by John Lapp,

9
Thank

L-A-P-P, correct'?

10
12

MS. HEWEY: Not website, this statement.
MR. NELSON: Why don't you start again.
BY MS. HEWEY:

10

A.

Here is a slightly revised statement for Rosa. Jason
and Fred, feel free to weigh in?

11
12

Yes.

13
14

13
14

A. Yes.
Okay. Dennis Bailey wrote the first draft of the

Q.

Even though you were looking back four months, you did

15 16 17 18

spend a significant amount of time crafting this

15
was as

statement,

right'?

statement and attempting

to make sure that

it

16
17 18

A. Correct.
And

accurate and as powerful as possible, correct?

you'e saying that he wrote that for you for free

A.

I

and others worked on this statement,

correct.

because he's a friend of yours?

19
20

Q.

Okay.

So Exhibit 84.
(Deposition Exhibit No. 84, Email String,

19
20

A. Yes.

Q.

And John

— Jason,

who is he'?

21
22

Scarcelli, Rhoads and Bailey, 1/6/11-1/7/11, marked for
identification.)

21
22

A. Jason

Ralston and John Lapp did all of my media, my

television, and Fred Yang did all of my polling.

23
24 25

(Deposition Exhibit No. 85, Email String,

23
24

Okay. And so those are people that provided advice to
you on your campaign,
with this

Scarcelli and Rhoads, 1/19/11, marked for
identification.)

and you asked them to help you

25

as well'
76

CONFIDENTIAL- SUBJECT TG PROTECTIVE ORDER

CONFIDENTIAL- SUBJECT TG PROTECTIVE ORDER

(Deposition Exhibit No. 86, Email String,

Correct.

1/19/11, Scarcelli and Rhoads, marked for
identification.)

BY MS. HEWEY:

Q. A.

I'm going

to show you Exhibits 84, 85 and 86.

Is there something

specific you want me to look for?

Q. A. Q. A. Q.
A.

And your testimony

is that they also did that for

free?

Correct.
Have we dealt with everybody, Jason, Fred, John?

John, yeah.

John'
Uhm-uhm.

Q.

Yes.
that's

I'l ask you with respect to Exhibit 85,

— well,

tell me what it is

because

I

can't

see.
10

Thorn, your husband,

Dennis?

A. 85'? 10 Q. Yes. 11 A. It is a
12
from

Yeah.
And Ricky?

chain of emails. At the top of the page

it'

Yes.

Rosa Scarcelli to Rick Arriola.

Q.
13

Anybody else help you with your statement'?
I

13
14
15

Q. A.

Who is Ricky Arriola'?

A. A.

think my attorneys did

as well.

He's a friend of mine.
And is he involved

Who were they&
his business?

Q.
A.

— what's

Paul Driscoll and Jamie Wagner.

16 17 18

Inktel.

Q.
— an
organization
I

Okay. Which is what

I

was going to ask you

in Exhibit

g.
A.

What is that'?
He belongs to a group

88.
called Young
I

18

(Deposition Exhibit No. 87, Email String,
1/1 8/11, marked for identification.)

19
20

Presidents Organization

which

belong to, and he and

19
20

are fellows of the Aspen Institute together. a class of 20 fellows at the Aspen institute
Henry Craft Fellowship.

We'e
in

in

(Deposition Exhibit No. 88, Email String,
1/25/1 1, marked for identification.)

21
22

the

21
22

MS. HEWEY: Is 88 my next number?
BY MS. HEWEY:

No,

87.

Q.
24 25

And he

was helping you craft your public statement.

23
24

Why?

Q.

This is the correspondence
Do you see that'?

to jamiewagnerlaw@gmail.corn.

A.

Because he's one of my best friends.
CONFIDENTIAL- SUBJECT TG PROTECTIVE ORDER

25

CONFIDENTIAL- SUBJECT TG PROTECTIVE ORDER

of 13.4

Case 1:11-cv-00179-NT Document 70-11 Filed 02/08/12 Page 13 of 14
Bailey V. State of Maine, et al.
105
What was your understanding
what was your understanding about —
with Savvy, inc.

PageID #: 1925

Rosa Scarcelli - 10/24/51
107
campaign earlier than or closer
in

time to your

of the amount of
on

announcement

in

July?

time Savvy, Inc., Dennis Bailey would be spending

My announcement

was

in July,

so.
in

your campaign

for this monthly

retainer?
wasn't tracking his

Between the time he stopped working for Stanford
Management
and started working for the campaign

A.

I

didn't have a specificaliy defined amount of time in

June

my mind that

he was spending, and

I

2010, if Dennis Baiiey was
that was
I

working on the gubernatorial

time.

campaign, Democratic Primary, would you have assumed

8

Q.

Did

did he — he make any representation

to you

— was he

working for you7
during the

9

about what — there must have been some basis upon
which you agreed

Yes, assumed Dennis was working for me

10

— your

campaign agreed that 2,000 a
sum to pay for his services,

10

Primary.
And
i

ll
12

month was a reasonable

hope I'm not repeating anything you covered

correct7

earlier, but Sarah Serling, when did she first come to
it
I

A. Yes,
15 16 17

but

never had anything
am

to do with an hourly

work at Stanford Management?

rate that

—that recall.
I

Sarah carne to work tor me after the campaign — after
the Primary campaign.
hire date was.
I

Q.

But did

it

have to do with some notion of'the scope of
that might

don't know what her official

work and how much time, roughly speaking,

take in a given month to pay $ 2,000?

18 19
20

A,

No.

So she worked on the campaign after the Primary, she came — on you first had her working for you in — the
19
20
campaign'?

Q.
A.

What was the basis of the fee in your mind?

This was his proposal and

— and

I

don't recall

Yes.

21
22

negotiating
hourly rate

ii.,

and

I

certainly don't recall an
with it,

Q. Q.

And then at Stanford Management'

associated

23

sort of a fixed fee and then

So it was a fixed— as see in here win
I

A, Correct.
When did she get her law degree, do you know?
joined the campaign so

bonus.

Q.

Did

he ever, to your knowledge, did he ever ask to get
CONFIDENTIAL- SUBJECT TO PROTECTIVE ORDER

A. She passed the Bar before she she—

CONFIDENTIAL- SUBJECT TO PROTECTIVE ORDER

106
paid above and beyond that retainer amount?

108
Okay.

A.

I

don't recall. The oniy other thing that
it is
I

I

think was

A.
band

I

think she got her degree the year prior.

above and beyond
played for me, but

he played a

his concert —

Q.

Okay.
then joined my campaign in the

don't—

A. She passed the Bar and
spring.

Q, At an event? A. Yeah,

Q.
so to speak, as far as you were
it in

Okay. And does she

— and

you said she does not any

Q.

Okay. Other than that event, was he ever sort of
working off the clock,

longer work for Stanford Management?

A.
10

No, she

doesn'.
can't remember the exact

aware?

When did she leave the company?
that

10

A.

I

have no idea, I'm not sure he defined

She left the company, gosh,

I

11
12

fashion,

date, but she had a baby and she decided she wanted to
you assume that when he was working on

q.

Did

— did

not practice law, she wanted to be a mortgage broker or

13
14

activities related to the campaign for governor prior

something

iike that.
working for Stanford Management

to the Primary, that he was acting on your behalf as
your consultant?

14

Was

it

15

at the

—but she was time she—

16 17 18 19
20 22

A.

I

guess

I'm

unclear about what

—are

you talking about

this contract or are you talking about when Dennis

She was working for Stanford Management at the time she
told you about the Cutler Files website; is that

worked for me at Stanford Management?

Q.

No, this contract,. the campaign,

because

I

believe you

correct?
Correct.
And do you think she

said when he started working for the campaign he ceased

—did she start

working for

A.

Right.

22
he started working for the campaign, which
Exhibit 3 is dated September

Stanford Management

relatively soon after the Primary

23
24

Q. —after

23
24

campaign ended7

this document

1.

I

think

Yes,

25

you stated that he actually started working for the

25

Q.
Of

And did you

— were

you aware that she had been

CONFIDENTIAL- SUBJECT TO PROTECTIVE ORDER

CONFIDENTIAL- SUBJECT TO PROTECTIVE ORDER

DiPierro Reporting

Page 3.05 to iO 8

114

Case 1:11-cv-00179-NT Document 70-11 Filed 02/08/12 Page 14 of 14

PageID #: 1926

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