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Cross Examination of Agatha Stewart
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THE UNANSWERED
QUESTIONS: Why
did judge Shira Scheindlin keep from the jury and court record, evidence and
Why did Judge Shira Scheindlin refuse to allow Caryl Leventhal a short time to secure a new attorney when the one she had was issued a letter of admonition by the courts on September 26, 2000 (the day he was to represent Caryl Leventhal in court concerning her complaint against the US Department of Justice) "for conduct that adversely reflects on his fitness as a lawyer." (On January 6, 2004, Caryl's former lawyer will be suspended from practicing law under charges of "conduct involving dishonesty, fraud, deceit or misrepresentation." Why did Eric B. Fisher, Deputy US Attorney place winning a case over information from this whistleblower that could warn the American people of terrorism? Why did Alan R. Kaufman, Chief of the US Attorney's (Southern District) Criminal Division threaten The Leventhal family with arrest and prosecution if they didn't censor this website to place the US Department of Justice in a better light? Why are they working to place America at risk? NOTES: Above each page you will find the words "DIRECT," "CROSS," "RE-DIRECT" and "RE-CROSS." Direct Examination involves questions by the US Attorney. Cross Examination is conducted by Caryl Leventhal's lawyer. After Cross Examination, the US Attorney will attempt to deflect admissions made during Cross Examination. Lastly, Caryl's lawyer will attempt to rebut in any Re-Cross. Only the Cross Examination testimony is being included. This is not being done for purposes of censorship. Rather, it is to keep this site from bogging down in text. From February 1996 on, Agatha Stewart was officially Caryl Leventhal's First Line Supervisor. It was she that should have recommended Caryl's termination but she did not. It was she who should have written the formal request for Caryl Leventhal's termination but she never saw the letter. Everything was done by Brenda Grant. Ms. Grant is the main adversarial player and was the driving force in the alleged persecution of Caryl Leventhal. Ms. Grant's testimony appears in its entirety. Agatha Stewart worked on another floor and only witnessed the results of Brenda Grant's actions. (Update: In November 2000, some two Months after Agatha Stewart testifies in the trial of Caryl Leventhal v. Janet Reno, she is transferred to their Garden City NY Office. The Gang of "Corruption Central" is finally broken up.)
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SEPTEMBER 27, 2000
1 UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
2 ------------------------------x
3 CARYL B. LEVENTHAL,
4 Plaintiff,
5 v. 99 Civ. 10405 SAS
6 JANET RENO, Hon., Attorney
General of the United States,
7
Defendant.
8
------------------------------x
9
New York, N.Y.
11
Before:
12
HON. SHIRA A. SCHEINDLIN,
13
District Judge
14
APPEARANCES
15 MICHAEL R. BRESSLER
Attorney for Plaintiff
16 LILA AYERS
SHERILYN DANDRIDGE
17
MARY JO WHITE
18 United States Attorney for the
Southern District of New York
19 ERIC FISHER
SHEILA GOWAN
20 Assistant United States Attorneys
21 TRIAL
22
23
24
25
SOUTHERN DISTRICT REPORTERS, P.C.
212-805-0300
11 CROSS-EXAMINATION
12 BY MR. BRESSLER:
13 Q. Ms. Stewart, is it your testimony that you were taking
14 notes about Ms. Leventhal's performance from January 1995
15 until August 1995 or thereabouts?
16 A. No.
17 Q. So you didn't take notes about her?
18 A. Not during that time frame, no.
19 Q. Did you take notes at any time?
20 A. Yes.
21 Q. When was that?
22 A. When I became her supervisor.
23 Q. That's what I'm saying. Weren't you her supervisor
24 between January and August 19 -- I'm sorry, between January of
25 1996 and August 1996, did you take notes on Ms. Leventhal?
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Stewart - cross
1 A. Yes.
2 Q. And what did those notes consist of?
3 A. Copies of time and attendance sheets that weren't marked
4 correctly or weren't notated at all, that copy of the
5 appointment letter where I asked her to have her employees
6 find the file and she hadn't assigned it. I really can't
7 recall. I would have to go back to the folder to see what I
8 had in it. I would actually have to see something. It's too
9 long to remember, I have so many employees.
10 Q. Okay. I'm sorry, but you did not -- did you take written
11 notes, Ms. Leventhal did this or Ms. Leventhal did that?
12 A. Yes, possibly, yes.
13 Q. Did you have -- did you have a deposition in this case?
14 A. Yes, I did.
15 Q. And at the deposition you were sworn under oath to tell
16 the truth.
17 A. Yes.
18 Q. Okay, were you asked this question:
19 "Q. Did you take notes of any issues you had with
20 Ms. Leventhal during this time when you noticed a problem of
21 any issues with Ms. Leventhal?
22 "A. No notes per se. Where I wrote down that she is doing
23 this or that wrong, I would keep copies of the mistakes."
24 Was that what you testified to?
25 A. I don't recall that question exactly. You asked me a lot
SOUTHERN DISTRICT REPORTERS, P.C.
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Stewart - cross
1 of questions that day.
2 Q. Ms. Stewart, do you remember, I wasn't clear on your
3 testimony, do you remember Ms. Leventhal carrying heavy boxes?
4 A. I don't recall seeing her actually carrying the boxes, no.
5 Q. Did you ever notice her struggling with boxes?
6 A. No.
7 Q. I'd like to show you, I think it's up there, what's
8 been -- I'm sorry, Plaintiff's Exhibit 9. Can you identify
9 that?
10 A. It's a position description for a supervisory applications
11 clerk.
12 Q. Does that description coincide with your understanding of
13 what the supervisory applications clerk's job duties are?
14 A. Today probably not.
15 Q. How about in 1995 and 1996?
16 A. Possibly.
17 Q. Isn't that an official publication of the INS?
18 A. I guess so.
19 Q. Do you recall seeing Ms. Leventhal climbing up on high
20 shelves?
21 A. No.
22 Q. But you may have witnessed Ms. Leventhal carrying heavy
23 boxes?
24 MS. GOWAN: Objection.
25 THE COURT: Is that right?
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1 THE WITNESS: I may have but I don't remember.
2 THE COURT: Okay.
3 Q. Okay. Now, is carrying boxes, heavy boxes, and climbing
4 high shelving, part of the duties of a supervisory
5 applications clerk?
6 A. If that's their only way to get the work assigned, yes.
7 Q. But it's not in the official job description.
8 A. Not that wording, no.
9 Q. Do you recall Ms. Leventhal herself ever calling in sick
10 in June of 1996?
11 A. I don't know when I got the phone call. I do not recall
12 when it was.
13 Q. Prior to June 1996, did you ever mark Ms. Leventhal AWOL?
14 A. I'm not sure.
15 Q. Do you recall receiving a doctor's note from
16 Ms. Leventhal?
17 A. No.
18 Q. Are you aware that any doctor's note was sent?
19 A. No.
20 Q. So it could have been sent.
21 A. It could have been.
22 Q. And if a doctor's note was in fact sent, Ms. Leventhal
23 should not have been marked AWOL, isn't that correct?
24 A. No, that's not correct.
25 Q. Why is that not correct?
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Stewart - cross
1 A. Just submitting a doctor's note is not a request for any
2 type of leave.
3 Q. Okay. If a person is unable to make a written request and
4 calls in sick and sees a doctor, should that person be marked
5 AWOL?
6 A. When they return to duty, if they present the doctor's
7 note, it's possible that they'd be granted the sick leave.
8 Q. Well, if a person were to write a letter explaining their
9 illness and providing a medical note from a doctor, would that
10 be an appropriate request for a day off, for sick leave?
11 A. Yes.
12 Q. And wasn't that done in the case of Ms. Leventhal?
13 A. Not to me, no.
14 Q. Could it have been done to Ms. Grant?
15 A. Possibly.
16 Q. Did you make the decision to terminate Ms. Leventhal?
17 A. No, I did not.
18 Q. Did you have anything to do with that decision?
19 A. No.
20 Q. Wouldn't it be your decision to make as Ms. Leventhal's
21 first line supervisor?
22 A. No.
23 Q. Why is that? Isn't that the job of the immediate
24 supervisor?
25 A. It's the job of the immediate supervisor who is writing up
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1 the disciplinary to recommend disciplinary action.
2 Q. Okay.
3 A. We only recommend.
4 Q. Did you make that recommendation?
5 A. No, I did not.
6 Q. So you didn't believe Ms. Leventhal's job performance was
7 worthy of termination?
8 A. I was not asked.
9 Q. Did you ever call Ms. Leventhal a liar when she called in
10 sick?
11 A. No.
12 Q. Did you ever accuse her of faking her sickness?
13 A. No.
14 Q. Do you recall Mr. Leventhal telling you to not shout at
15 his wife when calling in sick?
16 A. No, I don't recall that. I recall being shouted at by
17 him, that's why I hung up the phone on him. He was shouting
18 at me.
19 Q. Did you ever read any paperwork regarding Ms. Leventhal's
20 termination?
21 A. Yes.
22 Q. But you did not --
23 MR. BRESSLER: One second.
24 (Pause)
25 Q. Do you know the reason Ms. Leventhal was terminated was
SOUTHERN DISTRICT REPORTERS, P.C.
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1 because she was AWOL?
2 A. I don't think so.
3 Q. Okay. And it's your testimony you did read paperwork in
4 that regard?
5 A. Yes.
6 Q. Okay. Again, you were deposed in this case.
7 A. Yes.
8 Q. Okay. Were you asked this question:
9 "Q. So it could have been both the AWOL and the inability to
10 perform?
11 "A. Yes. Had I written it up, it would have been probably
12 both. If I had an opportunity to write somebody up that
13 needed to be terminated for inability to perform and they were
14 also AWOL, I would incorporate both.
15 "Q. Do you know if this was done in the case of
16 Ms. Leventhal?
17 "A. I never saw the paperwork."
18 (Continued on next page)
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20
21
22
23
24
25
SOUTHERN DISTRICT REPORTERS, P.C.
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1 MS. GOWAN: Your Honor, I just note that the
2 testimony has not been written correctly -- read correctly to
3 the witness.
4 THE COURT: Would you read it again?
5 MR. BRESSLER: What wasn't?
6 MS. GOWAN: Just read it again.
7 THE COURT: Just read it again.
8 MR. BRESSLER: The whole thing?
9 "Q. So it could have been both the AWOL and the inability to
10 perform?
11 "A. Yes. Had I written it up, it would have been probably
12 both. If I had to write somebody up that needed to be
13 terminated for inability to perform and they were also AWOL, I
14 would incorporate both.
15 "Q. Do you know if this was done in the case of
16 Ms. Leventhal?
17 "A. I never saw the paperwork."
18 Was that your testimony?
19 A. If that's what's written in there, I'm sure that's what I
20 said.
21 Q. Did you ever tell Mr. or Ms. Leventhal that they would be
22 marked AWOL?
23 A. Not to my recollection, no.
24 Q. OK. I'm sorry. You don't remember saying that?
25 A. I don't remember saying that.
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1 Q. Well, if someone was -- well, being AWOL is a serious
2 offense, is it not?
3 A. Kind of, yeah.
4 Q. And wouldn't it be appropriate to warn someone that they
5 were subject to being marked AWOL if they didn't do a certain
6 thing?
7 A. I don't understand the question.
8 Q. I mean, if -- well, I mean, wouldn't it have been
9 appropriate to warn Ms. Leventhal that she may be marked AWOL
10 if she doesn't take certain measures?
11 A. "Certain measures" meaning what?
12 Q. Like providing documentation or writing -- making a
13 specific request or doing something that would allow her to
14 take sick leave?
15 A. Ms. Leventhal, being a manager, already knew that, because
16 she had employees in her command that were doing the same
17 thing, and she was advised what she needed to do for them, so
18 I'm sure she knew what she needed to do for herself.
19 Q. OK. So you relied on Ms. Leventhal's knowledge of
20 procedure?
21 A. She was informed that that was the procedure for her own
22 employees and for all employees.
23 Q. Now, at the time that Ms. Leventhal was marked AWOL, she
24 did have accumulated sick leave, isn't that correct?
25 A. Based on paperwork that you've shown me and our attorneys
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1 have shown me, yes, it is correct.
2 Q. And she did call in sick during that time period, is that
3 correct?
4 A. That I don't know.
5 Q. And -- well, she may have?
6 A. She may have.
7 Q. And she did provide a doctor's note during this period?
8 A. Not to me.
9 Q. But she may have provided it to INS?
10 A. Probably.
11 Q. OK. And under those circumstances, she should not have
12 been marked AWOL, isn't that correct?
13 MS. GOWAN: Objection. Asked and answered.
14 THE COURT: I think we have had this, Mr. Bressler.
15 Objection sustained.
16 MR. BRESSLER: OK.
17 BY MR. BRESSLER:
18 Q. Do you recall there being Christmas decorations in 1995 at
19 Section 245?
20 A. More than likely, yes.
21 Q. Do you know anything about Ms. Leventhal's religious
22 beliefs?
23 A. Her own? No.
24 Q. Do you know about someone else's?
25 A. Yeah.
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1 Q. Who is that?
2 A. Her husband.
3 Q. Did she tell you that she practices the faith of her
4 husband?
5 A. No, she actually told me she keeps a Jewish household.
6 MR. BRESSLER: Just one second, your Honor.
7 (Pause)
8 Q. I would like to show you what -- this has been entered
9 into evidence already.
10 THE COURT: What is it? Show it to your adversary
11 first.
12 MS. GOWAN: Which exhibit is this?
13 MR. BRESSLER: This is Exhibit 24.
14 THE COURT: Ms. Gowan, did you have a chance to look
15 at it?
16 MS. GOWAN: Yes.
17 THE COURT: Any problems with using a poster board?
18 MS. GOWAN: No, your Honor.
19 THE COURT: OK. Go ahead.
20 BY MR. BRESSLER:
21 Q. OK. I am showing you what's been marked into evidence and
22 accepted into evidence as Exhibit 24.
23 Can you tell us what that exhibit shows?
24 A. They are time and attendance sheets for Caryl Leventhal.
25 Q. OK. And that shows that she had accumulated sick leave
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1 already accrued, isn't that correct?
2 A. During that timeframe, yes.
3 Q. And it also slows that she was marked AWOL in that time
4 period?
5 A. Yes.
6 Q. OK. And the normal procedure is if you have accumulated
7 sick leave, you can take some of that sick leave out and you
8 would not be marked AWOL?
9 A. If you requested it, yes.
10 MS. GOWAN: Objection. Asked and answered.
11 THE COURT: I will let the answer stand.
12 MR. BRESSLER: OK. I have nothing further.
13 THE COURT: Thank you.
14 MR. BRESSLER: And I would like to display this.
15 THE COURT: That is fine.
16 MS. GOWAN: And I have no redirect, your Honor.
17 THE COURT: Thank you. You may display the poster.
18 Thank you, you are all set. No further questions.
19 (Witness excused)
20 THE COURT: Next witness.
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Commentary and Editor's Notes written and Copyright © by: LTC Michael G. Leventhal
Copyright 2000 Reproduction with written permission. Contact: Michael @Justice-Denied.net
testimony of the
rampant terrorist friendly corruption Caryl Leventhal was attempting to
stop (You can find it
by going to the