all right thank you all please be SE go all right we are on the record with 231 88947 fin Roman's motion of dismiss and disqualified file January 8th adopted and supplemented by several codefendants so first if we could have Council for the record identify themselves starting with the state and then we'll go through the defendants in the listed order so good morning honor I'm Anna Green Cross for the state ad morning honor Andrew Evan for Nathan w all right and beginning with uh from the order of on the notice for president Trump thank you Mr s down on behalf of Mr Giuliani Mr Meadows honor Jim Durham on behalf of Mr Meadows all right thank you Mr Durham on behalf of Mr Clark har M your honor Mr Clark W appearance and let me go back to Mr Durham Mr Durham do your client also W his presence as well yes Durham okay did I catch that from Mr Giuliani okay all right on behalf of Mr Chuli Richard thank you on behal of Mr Roman John ran Mr schaer morning honor cerer and Mr Floyd on beh of then we also have Miss leam William crell and did we get that Mr Mulla also as well for Mr Floyd just making sure okay thank you here oh Mr Floyd is here okay I see Mr Floyd's president as well all right monice all right anyone else present who believes they may need to be on the record address any issue coming up in the proceeding seeing none here Banks as a witness but I also represent Christ Campell all right thank you Mr vs Jud Cher for Terence Bradley subpoena we'll be waiting in the hall all right and C could we have you spell your name for the record first name b i m a l last name c h o p r a all right in terms of just a little housekeeping and terms of presenting the evidence uh this morning U my thought was as Witnesses are called this being uh Mr Roman's motion that Council for Mr Roman would be the first and any witness that they call uh then in order of the listed defendants uh they would be the opportunity for additional direct or cross examination however you want to characterize it and then the state on the tail into that so uh with that I will turn it over to miss merchin is there anything that we would need to take up before calling the first witness judge we would the rules all right so to that end pursuing to rule 615 I would ask that any Witnesses subpoena or expected to testify at the hearing today that they should remain outside the courtroom until called and they shouldn't discuss their testimony with any other witness or watch any kind of live proceeding or recording of the testimony until the evidence is exclud is concluded or they're excused from uh being called today are there any exceptions to this rule not any from the defense no thank you okay Mr abat yes your honor prior to starting any testimony um the state would just like to address I guess matter issu of the Court as relates to what was represented um during the previous hearing as relates to uh witness testimony specifically the testimony of the uh former law partner of Nathan Wade that be Mr Terence and what uh the what the state would like uh the court to understand and realize is that in preparation for this hearing um and speaking to Witnesses uh and doing the additional research as relates to the comments that were represented by C specifically uh Council for Mr Roman Miss Merchant that we've been able to determine that the claims that the defendant has asserted and did assert and during the last hearing on Monday are not only legally meritless but are factually unsupported um by the statements that Miss Merchant made to the court um what I would say are they're patently false um they are egregious misrepresentations of what is believe that Mr Bradley would say or even knows what I would uh bring Court's attention in my speaking with the defense Council for uh Mr Bradley um Mr CH is that um anything that he any knowledge of anything he would have would be protected under the attorney client privilege um he would assert that um and that privilege has not been waved uh by Mr Wade more importantly the representation was made to the court that Merchant spoke to Mr Bradley and that Mr Bradley represented that he had firstand knowledge from speaking to the several witnesses um that he would be able to impeach with the statements she represented um that there was a relationship prior to um Mr W being appointed um special prosecutor and that um there was issues with cohabitation that he would be able to directly impeach um those witnesses that is patently false and speaking with Mr cha um those are misrepresentations that are not true they are um for the purpose of harassment and undo burden uh to the district attorney and we' asked to renew our motion to clash and the only hearing we should be having is a hearing as it relates to sanctions for um the defense council's lack of cander that's required by not only statutory law the professional rules of responsibility and case law and we uh asked it we moveed into a hearing that that is related to sanctions due to the misrepresentation and flagrant um falsehoods that have been spread throughout the world um in in an effort to affect this case and to keep it from moving forth with that that's our request so just small matter of housekeeping yes Miss merch Jud first the witnesses haven't been sequestered so I just ask they before we arue this wepa um that let's let's start there Mr Bonnie well I have to agree when testimony starts that the rules of SEC rules of sequestration would require Mr way to leave but that we haven't started testimony this his argument he's lead counsil for the case and he has every right uh to be sitting at the table okay in this Merion let's hear from some witnesses let's actually storn testimony under oath um I have made propers and it just seems like all we're going to get is objection after objection because C does not want anyt to stand doesn't want the truth to come out this is a very important issue and we need to have witnesses I have a good faith basis learn I have a good faith basis and Mr Bradley is not my only witness to it is just happens to be the evidence I offered at the hearing when the state first tried to keep all of the other Witnesses off the stand I was forced to proper certain testimony to get over the hurdle to uh refute their motions to quash I did that I used Mr Bradley's testimony to do that he is not the only witness that can state that there was a relationship prior to Mr way being hired um the first witness that I'd like to call is Robin YY not Mr Bradley no privilege issues let's start with her we have AR or matter to be brought want to do it stand sure so I think at this point we just need to take these issues one at a time and as you've joined the motion I think defense Council would have the opportunity to weigh in but again at any point if uh I'm just hearing the same thing over and over again from each separate defense Council I'm going to reserve the right to say thank you I appreciate that I ask the attorney being sure understood so M Merchant I do want to put it back to you though the uh issue raised by the state this morning is that the essentially as I would summarize it the good Faith basis that you did put forward on Monday um did not exist right so why wouldn't we start with Mr Bradley and see where we go from there the good faith basis does exist so you basically have them saying it's not true and me saying it's not true so we both they think they have a good faith basis I think I have a good faith basis I have a huge good faith basis for everything that I put in every single motion um that's going to come out the reason I don't to call call Mr Bradley first is for hearing objections quite frankly um and you know normally we don't have to disclose how we're going to present evidence um I'm okay doing that here but based on the Rules of Evidence hearsay and privilege issues what makes the most sense and we've spent a lot of time thinking about this which makes the most sense is for us to have this year to testify and if you want me to profer what I anticipate she's going to say I talked to her last night she's going to say that there was a personal relationship that began in October of 2019 she's going to testify to that and she has personal direct knowledge of that it's not here and it's not privileged she's going to take the stand she's terrified but she's going to take the stand and tell the truth and then I plan on calling Mr W because at that point I can overcome their emotion to clash and bring Mr Wade bring him to come then I can go through privilege issues with him and then I can have Mr Bradley testify and we won't have to have an objection to every single question I asked Mr Bradley an objection to hearsay an objection to privilege so that's how I on presenting the evidence because it makes the most sense and I think I'll be able to overcome any privilege objections we can talk about that when Mr ra takes the stand all right Mr a uh any last words on starting with Miss Y and going from there taking it a witness at a time I mean no but my I guess my final response would be that as youron pointed out during the last hearing Miss U Merchant's entire representation for good faith was all based on U Mr Brad in fact I remember the court saying that the star witness presented or provided by the defense is Mr Bradley and you asked a specific question Miss Merchant will Mr Bradley does he have firsthand Knowledge from these people each one of them you named the lawyers plus the investigators as relate to the claims that were made and her answer was yes I can definitively tell you the answer is no and this Merchant has not spoken to Mr Bradley according to his Council p Chopra who is you know outside and can represent to the court the things that I've represented and he has maintained and represented that everything that she plans to go into or ask is protected by attorney client privilege and the only point of this process and this procedure um as it relates to uh the Motions that were filed is to create a spectacle and to create harassment to the district attorney of Fon County and we request that the only hearing we move forward is sanctions for council's lack of dut of Tander to the court and to uh Council all right well I think you certainly put her on notice if that is actually the case but at this point I have someone saying yes and I another person saying no and so I think that conflict in the evidence that we noted on Monday is still exists and that's where we are and we'll see what how the evidence presents itself so with that M Merchant are you ready to call your first witness yes sir all right Miss Partridge or M uh sorry Mr Partridge was joining us by Zoom but Mr Y is here in person right Mr Partridge I believe represented that his client would be more comfortable if he were here in person and that due to his conflict in Richmond County this morning couldn't occur until this afternoon I think that is a reasonable request but not the state's busness um the witness is here if her if her attorney is able to join right now um perhaps that can be something that is addressed partridge in the court but I I want to alert the court that that was the representation witness would preer not to go for without Cent present and that's certainly AAS reest sure I think the latest i' seen though that was that Mr Parker was going to be able to join by Zoom I didn't know that he had that Mr Partridge had um affirmed that but perhaps that was a email this morning that I don't know either um but the state seems to know that Miss Y is here so I guess she's not here is Mr Partridge here we'll find out s in all right so just for everyone's information uh we did convey the zoom link to Mr Partridge this morning uh I think the last exchange we've had is that he can join us by zoom and apparently is elected not to do so so I don't really know what else we can do with that he was noticed at the hearing we provided him a link and we haven't heard from it at all so I think we need to go forward all right before we go forward we have a business documents that were certified and filed yesterday evening uh sorry filed this morning email to council yesterday evening we wanted to make sure that this was part of the record before any testimony was taken or before the proceeding uh the proceeding this morning all right and so in your mind this satisfies fton County's uh subpoena in this case correct okay if you could hand that to Miss Merchant and we'll take it from there and I don't I have an original for the court uh mro you just provide it to Miss Merchant and if you can just stay on call we'll let you know if we need you again okay thank you all right will we bringing in Miss YY oh I'm sorry I thought theate outside be can I text for yeah and just one of them it for try to come went straight to voicemail and he messaged and all right did he say where his client is yeah all right and this is the uh was this a former or current employee of the DA's office okay and her return I know that she did not want to come without all right well Miss Merchant do you have have any other Witnesses available well we have Mr Bradley um testify um but again we're probably going to have a lot of objections with um privilege and so much first but I know that Mr Partridge wrinkling that this morning by having a confle sure so but I can what I can do is I could call Mr Bradley and then I can bring back exactly I think you can always you can always recall them we can ping pong back and forth if we need to based on uh here say issues but at least we can use this time until Mr Partridge chooses to join us or not Mr Partridge or no not the where we of no okay just wanted to check all right so suppose call your next witness then all right we call if um if we don't hear and I don't want to have the sheriff anybody that but if we don't hear from thank you can someone getting Mr Bradley in yes I believe oh the sheriff sorry normally sorry are the sheriff when I call witness will the sheriff's not s for them uh I don't know if they're going to know where they are okay so I think it'd be best if maybe someone from your team and they I'm not going to know what they look like either not a problem he's outside yeah he's coming judge for for for for for I do terance Bradley t e r r e n cadley b r a d y your honor as Mr W Council before we start reest why does that need to be in camera do it necessarily well there's statements that could be made that could be prejudicial depending on whether they recovered or not whether's to break so at the time a question is asked that you think implicates some of those statements object and we'll handle it thank on of Mr Bradley and I apologize this is not our proceeding but it might be helpful to have a brief sidebar as something in Chambers at least so that we could let the court know a position rather than having to restate it repeatedly and judge I've carefully crafted my questions to avoid any privileged information um but if they think that I'm invading that then I welcome an objection and I'm happy to address it let's see how it goes and again Mr Bradley I'll ask if you can just give a pause in between each question to allow Council the opportunity to object before answering thank you judge did was the witness Warner do I need to believe he was great thank you I'm sorry good morning Mr Bradley how are you good morning um not happy to be here I'm assuming I am not okay I understand thank you for being here um wasn't by choice right um you were spena to come and testify in this case I was and but you and I have spoken previously about um relevant facts surrounding um Mr Wade and influences relationship no we have not we have not we've not texted about those facts through a third party um you were giving some information you and I shared text our text were more so about my health um more so about um if I was okay with what was going on um that I would not be um whether or not I was going to be subpoena or not and that um emphatically I would not have been sitting in this position that's being called as a witness so that's what my text change show um so no that we've never talked about um Willis and weade having a relationship not directly you and I no we talked about my health we talked about um as I stated before um other things but not this no okay um did you text me about um Wade and Willis taking many trips together I object an objection I'm going to because I seen the text message that she attempting to impeach uh the witness with and he's made all of his representations zero communication relates to the issues that um Miss merch continues to ask about and that the only information that she has from him is third would be Miss merchin um judge is not heay um we've had these conversations if I need to take the stand I will um if I need to put my phone into evidence I will so the first objection was to uh privilege on behalf of the state oh I'm sorry I did not respond to that thank you judge um privilege is only Communications that are made in furtherance of legal advice there's been no showing that whether or not they took a trip to California or took a trip or that Mr Bradley and I talked about that um either in person or by text that that's privileged that's not I'm not asking for any Communications that Mr Wade might have made to Mr Bradley in furtherance of any legal advice all right and Mr AB uh I believe as the one asserting privilege it would be your burden to show the necessary Foundation there is that something you want too he the witness on or take up here on this specific question well no I'd also object to Foundation ground she has not um provided any foundation that he would have any knowledge of what she's um requesting he answer his answers were he had no knowledge and now she's she hasn't laid the foundation in order continue to ask the same question over and over M merch on behal of Mr Bradley we do object This falls under the Privileges afforded under 1.6 of the rules and the attorney Cent privilege is not something that Mr Bradley can wave only Mr Wade can it regardless of any information or Communications being profed by the CL Mr Wade would have to wave them in order for Mr Bradley to continue to testify about any of this relationship until it's been established when that priv should have G sure and so far though I haven't heard anything about a relationship about an attorney client relationship about a privilege ever attaching and I think that's going to need to be established before we can actually determine the scope of it and whether This falls inside or out of it so I think either Miss Merchant can take the lead if she wants to but uh my understanding was that generally has to fall on the person who's asserting the privilege except for the attorney is not authorized to violate that privilege or else he has in fact the bar rules we have an opinion regarding from someone in the state georia all right that's why I thought perhaps the side might be important rather than my interjecting well I still want to kind of see how we can go so Miss Merchant uh it sounds like you're going to need to L A bit lay a little bit more Foundation to see whether this actually is uh is going to fall under privilege or not that's that's not a problem judge and and what I can do um I was just told that Miss y's in the waiting room um but I can um if the state wants to read my text Mr Bradley wants to read them to refresh his memory I have absolutely no problem with that um I have my phone here and they're welcome to do that but I'll I'll talk about some other things and then maybe um if they're going to have a lot of objections to privilege in hearsay what I can do is I can lay a foundation with Mr Bradley get him off the stand put Miss YY up um and then Mr Wade so we can get through the privilege issues that might make the most sense thank you um all right let's talk about something not controversial then when did you and Mr Wade first meet um probably 1998 okay and um did you all have a firm a law firm together we did when did that firm start um probably I think it was 2010 we started um exclusively working together as a firm operating as a firm okay and were you all actually incorporated as a firm uh not initially no uh he had um uh when I um passed the bar and I H SLE in ' 07 um I think he had been practicing um a few years prior to that he had his own firm we had two separate firms okay at some point did you all incorporate though together we did okay do you remember about when that was um I do not at this particular moment ma'am I'm sorry okay um do you remember if it was administratively dissolved I've been made aware that it's been administratively dissolved yes I left the firm around two years ago when did you leave the firm um August of 2022 I think it was August of 2022 okay it was either August or September of 2022 okay August September let me make it note so at um in October 2019 were you all incorporated as a firm I think we were maybe okay yes and when Mr Wade filed for divorce November 1st or 2nd um 2021 were you all incorporated as a firm we should have been I I'm thinking that we we were yes ma'am okay um when did Mr Wade come to you to file the divorce action in cop County that's privileg information the the timing and the beginning of the privilege I don't believe that is overall so the timing was around 2018 um and and it was probably December um 2018 I remember it specifically because I was building a house um and I noticed that he wasn't wearing his ring I asked him about it I had invited him to the house because I was having a not a house warming but people over uh and he wasn't wearing his ring I inquired about it from there we discussed um what would happen um and we discussed the divorce and what would happen What would happen with the divorce what would happen over over to me representing him for the divorce and when when he would want to do it yes when did he retain you well um my memory be 2018 okay when he um consulted with me about the divorce and told me what he would like to see done and when he wanted to do it um do you know when fonnie Willis and Nathan Wade met specific dates no um I know it was sometime at a conference um Municipal Court conference correct um and um October 2019 um if if it's been represented in in the state's pleadings before the F when they met does that sound familiar if that's if that's what they're saying then absolutely I know it was at a conference in 20 I mean it was at a conference I don't to if you say it's 2019 I'll take you at your work okay so it was at a what you're sure of though is it was at a municipal courts judges conference yes when they were both Municipal Court judges yes so it's fair to say since she became district attorney she was no longer a municipal court judge so it had to have been before that that they met yes yes and um he was teaching a class at that seminar as far as you know I'm going to object as Del leeting this point was he teaching a class at this seminar to my knowledge he was and was Miss Willis to your knowledge attending the seminar your honor I'm going to object he has no personal knowledge he wasn't present at the at the Municipal Court training they put it in their pleadings like we are going to be here all day um we are going to be here all day all right uh if you can establish that he would have some personal knowledge then then that's a fair question so if you just need to preface it with that then that's fine thank you um are you aware of when their romantic relationship began that's lates to privilege she says that he began representing U Mr Wade in 2018 met Miss Willis in 2019 that's clearly within the bounds of attorney Cent privilege there's a understood Mr so I think Miss Merchant you need to qualify that uh question um thank you I'm not asking you to tell me what Nathan Wade told you in furtherance of legal advice okay so I want to be very clear if he told you something asking you legal advice I'm not asking you about that I'm asking about what you observed what you saw and what you knew outside of what he told you when he was specifically seeking advice is too field I apologize I again on of Mr Bradley's asserting that there an attorney Cent priv associated with this case under rule 1.6 for him to draw any inference make any statements or any other proper of information after this relationship began between attorney and client December of 2018 would be improper and he would in fact be violating the rules of Ethics associated with his bar license so the way the question was phrased was just saying what did he personally observe outside of the relationship not involving Communications how does that fall with an attorney client privilege do your honor whether we like it or not when we have a client there are a number of items associated with that relationship between attorney and client that come within your purview and that LE you to further action read you to further investigation further questions develop your strategy we can't talk about Mr Wade on any level it would be inappropriate the divorce was filed sometime thereafter during that entire inter any of these issues could in fact have formed the basis for their relationship to remain privileged M mer judge his observations are not privileged that's not what the privileged law says and I can I can read you the attorney privilege attorney client privilege attaches where and this is the law this is the rule there's an attorney client relationship the communications in question relate to the matters on which legal advice was sought and the Communications have been maintained in confidence and there's no exceptions to the privilege first on number two the second prom this was not in furtherance of legal advice that's not in furtherance of legal advice what he witnesses as a human being is not in furtherance of of legal advice unless I mean and and if he Witnesses them together it would get rid of the attorney client privilege because Miss Willis is there um additionally though exceptions we can go all day about exceptions to this fraud to the court that's an exception Mr Wade we contend has filed a false affidavit with this court that is fraud to the court if this witness has direct knowledge that that is not true then that's an exception to attorney client privilege all right um Miss Merchant if you could Reas that question again qualifying it as if it's I think you qualified it as anything that outside of anything he learned or was told as a result of his representation was just any observations he made which in my mind as you phrased the question would have included before December 2018 when this first consultation occurred uh I think if you can go step by step uh we can handle this and and judge I would just ask permission um we gave the state notice under 611 that all of these Witnesses do not want to be here they are adverse Witnesses I understand yes so I'd like to Havey W to be able to cross it thank you judge um all right Mr Bradley yes ma'am in um you acknowledged that their relationship began in 2019 I do not have knowledge but again I have consulted uh with the bar um as late as yesterday at 4:00 um I am not here to your testimonies that you do not have independent knowledge I cannot I was advised by the bar that rule 1.6 of confidentiality applies and that I cannot reveal anything that I saw or learned and that if the court is asking me to do that that an immediate certificate of review should be asked and so I'm not here to um misrepresent to the court or to say anything in appropriate or or anything I am here because I also have a law license and I'm not trying to lose that and so Mr Valley can you finish that thought it saw or learned just period without qualification whatsoever judge I'm going to refer to what I was told by the bar that rule 1.6 the confidentiality applies and that I would be asking for an immediate review by the Supreme Court sure but applies to what any Communications is what the person at the bar told us any Communications he did he did not qualify to Mr Wade that's covered well judge I I don't know um he didn't go into those specifics um but this is what was told I was sitting there U with my attorneys and this was what was told to us to state that rule 1.6 applies um and we gave them the scenario and this is what they told us to do and this is what I'm doing at this particular Point Dre we have no knowledge if the bar was aware of the aavid that Mr Wade filed um but that significantly changes the privilege um he waved the privilege when he put that in the affidavit so that's one of the reasons I wanted to call him that's a waiver he put the relationship in the in the um when the relationship started and put the relationship in his affidavit he put a lot of information in that affidavit that would wave certain amounts of privilege so he disclosed this relationship sh so basically what we've got is we've got Mr Wade being able to say what he wants about this relationship but then we're not allowed to ask questions to qualify that um so that's that's not how it works they either get to to admit it or they don't either privileged or it's not we just talking about a relationship though how does that open the floodgates to anything he's ever told an attorney during representation it doesn't and I'm not asking him that I'm asking for his knowledge they were law partners and as as I go through the questions I think he has knowledge of things that is not something that Mr Wade specifically told him I also think there's a fraud exception to a lot of this even if there was a privilege but I don't think there was for most of it but he's already represented that he has no knowledge I don't think we've actually gotten anything to that extent yet uh I think we're still making our way through it which is uh I think he's taking the position that he's not willing to share anything Mr Wade ever told him period which that's a a broad representation of attorney Cent privilege than I've ever heard and uh I think that's what we're trying to parse out is if there's a if the relationship starts I've never heard anything that said everything before that point is privileged do you have something that I should know yes sir that's fine before that relationship these questions aren't being established 2018 December last question was directly related to a point in time after that during which the relationship attorney and would have been already established he has a an opinion from the state bo of Georgia if he's going to be required to testify any ordered by the court on any of these issues and judge I understand how delicate this is you can phrase it in a thousand different ways to try to make him say something but you can't unring a bell that he puts out into the universe where he has violated that privilege we going to get to go back 6 months from now and say oh we should said that it it's not acceptable it violates hundreds of thousands of relationships in this state that we rely on in order for the justice system to function this is an attorney client privilege issue we've done all the diligence we can as far as looking up the relevant laws the relevant information we do not have a waiver from the client the client is present what there's there's no question why we're not barreling ahead is because I recognize the privilege what uh what we have to determine is actually what that privilege the scope of it when it started and I don't think we've even gotten close to that yet I apologize I thought December 2018 testified directly that when retain and proceeding were beginning issues to potentially so we have we have a starting point uh but does that necessarily foreclose anything from that point onward if they started talking about something else entirely post divorce of course not but during dependency it would absolutely curtail that especially as it has to do with observations attendance at functions together or other realizations that Mr Bradley came into during theend of his representation to parse it to parse it out we put Mr Bradley in an untenable position because his reputation means everything okay M say down I think we're talking about two aspects of AR the attorney client privilege there's the attorney client privilege which is controlled by case law and statute which deals with Communications and perance I don't hear that being the objection the objection is that there are confidential matters under 1.6 which in some form or fashion mean once you start a relationship with attorney client that everything from that point on is confidential between the two of them there's no such case law in Georgia that deals with confidential information of that time attorney client yes confidential information no and I believe what's being argued by Council Mr Bradley is that he has received of course we don't have anything in right it but we he's received some oral advice that under 1.6 confid IAL matters could not be gone into which is according to that everything that occurs between Mr Bradley and Mr Wade from 2018 forward there's no such law that protects such confidential only Communications made in F and if I mistaken I apologize but I think what we're being told is I don't have to say anything at all about Mr Wade once I have an attorney client relationship with him because it would be deemed confid and it's confidential I can't talk about it and there's no such case law to that effect in Georgia there is no bar rule to that effect the only thing the court has to do is say are we talking about attorney client privilege or pure confidences confidential information once you decide is confidential information you ordered Mr Bradley to testify and then it's up to his Council to decide whether he wants to have his client held and contempt after you order to testify and judge that's an over statement we have not said that he can't testify any the specific question on the table is What observations do you have from Mr Wade and M Willis from that point on now they the defense and their teams have made an allegation of some impropriety that same impropriety could be related to a divorce proceeding on every level we're not here to say we're not talking we're here to say we're not talking about things that came into his knowledge associated with his representation during the I realize there's an evidentiary standard and then I realize that there's the Cornerstone of what we do which is the B rules the state B rule 1.6 we violate that and the whole thing comes tumbling down we're not saying that you can't ask about did Mr Wade enjoy a beard evolving that wasn't a question the question was specifically relating to some impropriety that they were trying to dig into that is privileged more importantly Mr W Mr Bradley has saides now that he has no knowledge as relates to what she's referencing he has said it two times so there's not a good faith basis for her to continue to probe into this area because he said he has no independent knowledge outside of the attorney client privilege all right Miss Merchant last word yes judge um judge Mr Bradley if ordered he's here by subpoena if ordered to testify he it's it's not a issue with the bar um my question was not about attorney client privilege and being very careful not to ask anything that Mr Wade asked furtherance but I've been informed that Robin YY is on the zoom and so if we want to start back on our original plan we can call Miss YY and have her testify and then put Mr Wade up and we can go through the privilege issue with him and then we won't have to have all these objections or else I'm I'm happy to continue questioning Mr Bradley all right so Mr Miss merch you're saying that uh your understanding of the evidence that you plan to present that these issues are affected by Miss YY and terms of the scope of the privilege and the relationship no I think and no let me thank you for letting me clarify that I think that Miss YY is going to give me enough to get Mr Wade on the stand once I get Mr Wade on the stand they file a motion to and you said I had to present something before I could put Mr Wade on the stand so once I present Miss YY I can put Mr Wade up on the stand and then I can put him up before I call Mr Bradley and then I may not even have all right uh Jud sorry who's I'm I'm on Zoom y attorney Deon par judge on behalf of Miss yardi y when we were here for the motion to quash earlier this week it's my understanding and as represented by defense Council that Mr Bradley's testimony is uh so to speak the bridge that was built to involve my client uh Miss yardi into this this matter Al together now it seems as though that is being usurped and now she is being the quote unquote foundation for defense council's uh presentation this morning so we do object to that judge and would renew our motion to quash The subpoena because this is completely contradictory to what we uh had via the hearing earlier this week y judge okay M mer um Mr Partridge as I recall that did not apply to your as much the uh original motion to quash that you filed said she had absolutely no knowledge about anything what Miss Merchant cord and what I didn't hear you saying was not the case is that at some point Miss YY lived in a residence and shared a residence with Miss Willis and potentially Mr Wade at some point so I think she's directly involved in the center of this I don't think that really needs much in the way of foundation um and judge I apologize your honor to to talk over the court that that information how Y is my understanding came from Mr Bradley and that information was incorrect as I informed the court early this week as well there was never any time that Miss yardi and Miss Willis lived together uh there was a sublet of a condo that Miss Willis resided in that had absolutely nothing to do with that of Miss yardi outside of Miss yardi subletting it to Miss Willis Miss yardi actually moved into a different residence uh part of our conversation with Miss Merchant yesterday that that is exactly what it is there was no overlapping or anytime that they stayed together nor does Miss yery have any information as it relates to Mr Wade staying at that condo as well with that of of Miss Willis so again judge I I'm renewing we don't need to hear it again miss burchin luckily I don't have to tell the state or them everything that I plan on introducing a witness for in response their motion to quash she has a lot of personal knowledge and when we had a motion to quash I had to get over a good faith basis and I presented that to the court I did not spend four hours going through everything that This Woman's going to testify to she has personal knowledge is she actually here I think she's on Zoom what I understand Mr Partridge Mr Partridge is your client with us she's she's on the zoom platform y since I'm in Richmond County on uh via my conflict but she is on the zoom platform at this time y in the waiting room I believe she may have been admitted I see a robin on my screen I'm assuming that that is my my Miss Merchant you want to examine her by the zoom that's fine all right we will wave any sixth amendment objections to that's fine my only objection was was the representation at Monday's hearing was the good faith basis was based on what uh she learned from parents Bradley and we know that is false it's not true so there is no good fth basis and we would renew our objection and to this again that was not in regards to miss y it certainly was I was like the 20 minute Mark hear judge she has personal knowledge of this relationship not what was represented on Monday personal knowledge came from Mr Bradley she has no good faith basis to explore this fishing fishing Expedition as it relates to miss y this is a blatant process uh Miss Merchant I do believe that when we went through the motion of quash there were you group them into two categories and each one of them we said that they were going to be impeached by Mr Braden there there were well we took Mr YY outside of Fon County judge so we talked about Fon County differently um than Miss YY we took Miss YY out separately she was different than Fon County because there wasn't other issues and and again so we're arguing a motion to quash I responded to their argument on the motion to quash do did I tell them that she's going to testify that she's known Miss Willis for years and that her middle name is Latrice no I didn't tell them everything is going to testify to you I don't like if you wanted me to I could have but that has nothing to do there is a witness that contradicts what they have said in court and they're doing everything they can to keep her off the stand and keep the truth away from this court they filed a motion to quash I showed a good faith basis if my good faith basis is Mr Bradley or Miss YY or texts I've seen it's still a good faith basis there's no law that says I have to tell them every single good faith basis I have ahead of time if we did we would never have trials all right Miss Merchant uh appreciate the argument of council I think uh the standard on a motion to quash and a subpoena is not one where we're required to completely flush out and litigate every reason the witness may be relevant and so we'll take these one at a time with Miss YY I'll deny the motion to quash and if if your um ele election to proceed in your presentation of the evidence is to call her then that's what we'll do thank you judge so Mr rley you may be excused for now thank you but subject Rec call we will call Miss YY would you like me to sare her tud or I think we need to make sure there we go Deputy Scott if we could SAR in the witness M YY can you hear us yes okay all right your right hand ma' 12 T get a cour will be the truth truth will help you yes would you please State and spell your full name for the court ring the Tre y thank you Miss y um thank you for being here can you can you tell the judge um when you first met Miss Willis um in college okay so 19 probably 90 or 91 okay and have you been friends since 1990 or 91 yes okay um when was the last time you spoke with Miss Willis um March of 20 March of 2022 okay um from 1991 is till 2022 were you what you would consider good friends with Miss Willis yes um and did you all share personal information regularly yes and um did you even come and work with her at the DA's office yes and um when she needed a place to stay um did you let her stay at your apartment you're it was a condo right condo yes do you remember approximately when she moved into your condo um it was April of 2021 okay great and um you know that Miss Willis and Miss Wade met at a Conference in October of 2019 I'm going to object to that your honor without a foundation for how this winess would know that if Miss Merchant can establish she has personal information of that then um certainly that's something the witness can testify to but if it's she heard M cross all right Miss uh Merchant if you could lay the foundation do you have information that Miss Willis and Mr Wade met in October of 2019 I'm going to renew my objection your honor information is not source to personal information if the question can be rephrased then that may address my concern so so judge I let me I just want to make sure that I understand so they've objected to me calling Willis and Wade it's just it's just a matter of foundation if you can just rephrase do you have knowledge of when Willis and Wade met I'm going to object again personal knowledge overruled thank you do you have personal knowledge of when Willis and Wade met yes she told me that they met at a conference I don't know what okay I'm going to renew my objection your honor clearly this is not firsthand information from this um witness it's here say that was what she said she told me yes it's it's statement against interest judge if Miss will is just pause I'm sorry okay Mr Cross the representation of the witness testimony of the witness was that Miss Willis district attorney Willis had a conversation with her there is no statement against interest district attorney Willis is not a a party opponent in this case the information that the witnesses testified to you came from Miss Willis and there's uh we have a he objection to that why wouldn't she be considered a a party opponent in this context he's a representative of the state your honor this isn't private litigation or civil litigation obviously the the cour this is um Miss Willis is not on trial Miss Willis has not is not a party to the litigation outside her obligation to pursue criminal charges for the state M merch I guess I guess it's it's evolved into a hearsay objection yes judge and um we plan on calling Miss Willis to the stand she's under subpoena so hearsay will be cured uh if there is a hearsay objection as as far as that issue but we do still think that it's a statement against interest um M Willis has filed a document that states that they met at this Municipal Court conference so I'm you I think maybe I can streamline a little bit state will stipulate that district attorney Willis and uh Mr Wade met in October 2019 at the judicial conference that we've been talking about there's no reason to get it secondhand from this Witness well that that's true all right you accept the stipulation Miss merchin yes right am I permitted then to to ask questions about that since it's now not hears uh if it's just to a stipulation if it's just to that basic fact I don't think we need a question but if there's a followup that you think is admissible go for it Miss YY um you have personal knowledge that Miss Willis and Mr Wade began their romantic relationship soon after this time that they met at the municipal court I'm gonna object to that question that certainly is a leading question no Foundation has been laid for how this witness would have personal knowledge of that until that's happened in the state of jet judge I think you can do a yes or no and then follow up with how she knows it thank you um do you know if Miss Willis and Mr Wade started dating in October of 2019 I don't know if it was October of 2019 could it possibly be November of 2019 19 could possibly okay and when we spoke you said it was shortly after the Municipal Court conference though correct yes okay so you know that their relationship their personal relationship began shortly after this Municipal Court conference yes and when I say personal romantic is that is I just want to make sure we don't get in an argument over what personal and romantic is later when I ask you personal do you take that to mean romantic yes and do you understand it that their relationship began in 2019 and continued until the last time you spoke with her yes and you were essentially her best friend during this time right not best friend good good friend good friend okay close friend and so would you frequently socialize with her yes um and you saw her at work every day yes so you had a chance to see them interact together on a personal level yes um and so from everything that you saw heard witnessed um it's your understanding that they were in a romantic relationship beginning in 2019 yes and um when you left the da oh I'm sorry let me ask you um you said that Miss Willis came to live with you in April of 2021 I'm sorry April 1st 2020 or 2021 she live I never I never live okay I'm sorry she took over your lease in April April 1st 2020 correct no 2021 20 okay I'm I had it both ways so I'm glad you clarified so when she took over your lease in April 1st 2021 it's your understanding she moved out of the house that she was sharing with her father and started staying at the condo yes and is it your understanding that that's because she needed to have her own space yes away from her father Yes okay um when you left the DA's office was it um were you fired no I resigned you resigned okay just one M um can you tell us why you resigned to the DA's office um the number of things that was happening a number of things that were happening is that what you said ma'am yes okay what what was happening that you that caused you to resign um it was a spiral of things so um I guess the the last dra is I was put in a department that I knew had no knowledge about something happened and I didn't like it they didn't like it and that was it okay did you have any falling outs with Miss Willis well we never spoke after that you never spoke after that okay um and so you're you know without going into all the the painstaking details there is no doubt in your mind that from 2019 until 2022 um Miss Willis and Mr Wade were in a romantic relationship what's the question um you have no doubt that the Roman relationship was in effect from 2019 until the last time you spoke with her no doubt okay and that's based on your personal observations and obser and you know speaking with them and seeing them together and things like that yes okay no other questions thank you the other the other folks may have some questions for you miss say down want me to go uh if it's more than a couple questions then sure but if not a couple question the court reporter hear me okay ma'am let me be very specific did you talk with Miss Willis about her romantic relationship with Mr W yes did Miss Willis tell you on more than one occasion that she was engaged in a romantic relationship with Mr Wade prior to you leaving the District Attorney's office did she tell me or did I observe I'm St right now with to tell me yes did she tell you that in the year of 2020 yes in the year of 2021 yes are you certain that Miss W told you I'm Sorry Miss Willis told you about the Romantic relationship with Mr way prior to November 1st of 2021 one yes now did you also have observations of Mr Wade and Miss Willis together prior to November 1st of 2021 yes and are those observations were those in a social setting yes and Did You observe them do things that are uh common among people having a romantic relationship yes such as can you give us an example hugging kissing dis affection all all before November 1st of 2021 correct yes that's all I have Mr STS ma'am did I understand you to say that there was a period of time when you and missis live together no Mr Durham no no for me your H Mr mcdou your H Mr rice good morning M are you a were you aware in 2021 of any trips social trips that M Willis and Mr W took together no are you aware of the social trips that M Willis and Mr Wade took together in 2022 no and are you aware of them 202 spending the evening together overnight no Mr Gillan Mr McCulla and Mr Cromwell question Miss cross I do have some questions thank you jno is y we haven't met before is that correct correct you're able to see and hear me okay yes all right I want to start with the a couple things now I think you've made it it clear that you never lived and we'll call it the South Fulton address the South Fulton condo that you releasing you never lived at that address with the district attorney Willis correct correct and never at any time never all right you never observed or have any information about district attorney Wade and district attorney Willis and Nathan Wade living together correct correct you don't have any information about that no I don't anybody said that that information was sourced to you then that's incorrect that's incorrect did District shney Willis pay rent at that establishment at that condo while you while she lived there and you were living elsewhere yes who paid the rent she did Nathan Wade ever pay the rent no and you never told anyone otherwise I didn't answer I didn't hear your answer there miss y did you ever tell anyone otherwise no all right so let's talk for a second about your time at the District Attorney's Office you were disciplined several times in the district attorney's office during your employment there correct no you weren't written up ever for poor performance Mr y once not several one time you were written up for poor performance were you counseled several times about your performance in the district attorney's office that was subpar no did the district attorney tell you that your performance was insufficient and that you were going to be fired no that never happened no maybe when we went at the end what's the question question Miss YY was did the district attorney ever counsel you on your poor performance in the district attorney's office uh prior and inform you that you were going to be fired um I don't really know how to answer that I'm looking for the truth I I I don't really know how to answer that I mean a situation happened that wasn't my fault and I I either was going to resign or be like go so you understood that that was the situation you could resign or you could be let go correct yes you were not welcome to stay no and the conversation where you were informed that you could resign or you could be fired uh that conversation was not the first conversation you had with the district attorney about your poor performance performance in the office correct well it was kind of a spiral but no yeah it was whatever the situation was EXC understood Mr Mr Cross Miss YY the circumstances of your leaving the District Attorney's Office uh ended your friendship with the district attorney Willis correct Yes Y'all haven't spoken since no all right I want to talk about the representations that you made here um this morning Miss YY about any relationship between district attorney Willis and Mr Wade I wanted you to tell me what was the first time any let me ask it this way you said that district attorney Willis personally informed you of a romantic relationship is that what you testified to yes when did that conversation that you report to have uh to recall when did that happen I mean I don't have a month or or day but just talking just talking in general you want you'd like to keep this witness under um but that's all the question I have right now all right thank you m cross I mean redirect sorry all right on those points only yes just um the state asked you a lot about um when you were let go when you resigned um did something happen as far as um purchasing that you didn't feel comfortable with purchasing things through um the county from Miss Willis that caused you to to not be comfortable working there anymore no um and I didn't tell you how to testify here today though right right and everything you've testified to is from your personal knowledge yes okay and um you've told the truth here today yes okay um judge I believe she's only under my subpoena and I'm fine releasing her from that subpoena oh I'm sorry by show of hands from other Council starting with Mr say now you H I believe the door has been open now to ask this particular witness about staty Miss Willis made to her she brought it up on Cross examination on a couple of occasions did Miss Willis say this or in prie of that so I'd like to now ask her questions directly about what M told her about romantic relationship I think we'll take this one at a time question by question and we can address those to see I don't I don't know about a complete opening of the door we'll we'll see where we go the first time that you spoke to Miss Willis about her relationship romantic relationship with Mr way do you happen to remember what Miss Willis said in essence not word for word but in essence what she said no do you remember the first time she told you in whatever words were used that there was a romantic relationship no is this the kind of conversation that you had with your best friend uh ongoing over a period of time in which it was common knowledge to you that there was an ongoing relationship Miss Willis and Mr Wade what's the question I'll ask you again is the nature of your then relationship with Miss Wills such that she were having these ongoing conversations that is best friend type conversations about her relationship with Mr W I don't [Music] remember without getting any further into too much detail is there any doubt at all that Mr Wade Miss Willis had a romantic relationship as was told to you prior to November of 2021 she she was already asked that question by Miss Merchant I just didn't know whether that she said she said no no doubt all right uh any other defense Council by show hands seeing none uh last recross from Miss cross anything else uh not at this time you're on we' ask the witness remain under subpoena and subject a recall she's under mypa releasing they want to subpoena her M Ross I would prefer that the court keep under subpoena I think um given the representation of Miss Marchant given how she intends to proceed today that this witness May um may need to be recalled all right uh understood um in the interest and knowing that we may have to bring Witnesses back and forth uh I think it's in the interest of effective presentation of the evidence here miss YY you are still going to remain under the offices of your subpoena and so please stay in touch with your attorney we may need you to rejoin us on Zoom at some point today or tomorrow understood okay all right don't discuss your testimony with any other potential Witnesses all right all right all right you can log off and judge I'd ask just can Mr Partridge stay on for just one moment for what reason um the state had made some allegations that I misrepresented some things to the court and I i' just like the opportunity to clear that up that Mr Partridge is the one that told me that they lived together for a month they' they've called me everything but a liar today and so I just think that it's appropriate for everyone to know where that information came from all right Miss Merchant I think you've uh made your position clear that's uh I don't think we want need to get sidetracked on that all right uh M Merchant you can call your next witness thank you we call Mr judge may have be excuse as well please all right take care Mr Partridge call all right Miss gross you got the motion to question Mr way subpoena uh was held in advance waiting for the representation I I believe that the good faith bases that Miss um Merchant represented on Monday I think that that's clearly not accurate understand the testimony that's now in the record um Mr Wade is uh available but we maintain that at this time the motion to theage probably um should be granted but understand the Court's ruling uh well Mr Cross uh I'll I'll say yes on Monday it did seem like the focus was that Mr Bradley would be the the the hook that makes every witness potentially relevant and we really haven't been able to explore that U on the privilege issues that we'll likely have to tackle again later but for now uh as it the evidence in front of the court at the moment is that we have a witness who has said this relationship may have predated the affidavit that Mr Wade filed I don't see a way around um the relevance of his testimony and so I'll the uh State's motion to quash uh Speedo Mr Wade M Merchant for for my name is Nathan Wade n a t h n w a d good morning Mr Wade good morning um prior to filing this motion to disqualify you and I were friends correct yes and in fact I supported you when you ran for judge in 2016 you did I wore your shirts my kids wore your shirts Merchant your personal opinions have no relevance I mean that in the best way that's completely fine I will let's get to the point thank you no no no I totally fine thank you um you filed for divorce from your wife on November 2nd 2021 yes ma'am and um in that divorce proceeding did you file um answers things such as interrogatories I did okay and so interrogatory are where you're responding to things that basically answers that the other side is asking yes ma'am and um I've got your complaint for divorce I'm just going to mark it for the record as defendant Exhibit 2 um the first interrogatories that you answered those were December 27th 2021 is that right they're about okay and in those um you were asked different things but those are sworn you actually swear to those you verify them right yes ma'am okay um and so that verification is where you're swearing under oath that everything in it is true yes ma'am and let's see the um you were asked if you had any documents which relate to the purchase of gifts by you to any person other than the defendant with whom you have or had a relationship romantic relationship from the date of your marriage correct yes ma'am okay and you responded under oath that you didn't have any documents to that that's correct um you again responded to an interrogatory you updated those responses on May 30th 20123 yes okay and you actually sent those directly to opposing Council in the divorce yes ma'am I think so um but in that one you answered none against that question correct yes ma'am so May 30th 2023 you said that you didn't have any documents showing any purchase of anything with someone that you had a romantic relationship with I believe the interrogatory was was gifts okay not anything yes and I and I have it if you want I'm going to Mark okay so so just for the record I've got your complaint for divorce marked as number two I've got the verification and the interrogatories from 2021 I'm going to Mark those as three and then your May 30th 202 3M the Mark is four um judge me I apprach you may thank you that is what I mared four this is what I marked as three okay thank you judge all right if you take a look at what I Mar as two three and four just see if you recognize I do and um are those that's your divorce complaint um and then your 2021 interrogatory and your 2023 interrogatory correct yes ma'am okay they have fair and accurate representation of what is filed in that case yes ma'am I'd move to admit those into and this is two 2 three and four um it's 2 three and four yes all right any objection from the state the divorce on have no objection to three and four and subject to mer representation that two is a filing of divorce I just don't the divorce complaint I don't have that friendly that's subject to that representation all right and by show of hands any objection from other defense councel seeing n dependence 23 and four uh this should be Romans Global just PSM 23 and four admitted without objection um so that interrogatory that you filed in 2023 that's the one where you said no that you didn't have any documents um relating to the purchase of gifts um that you had a romantic relationship with someone right number which interrogatory we talking number four 2023 which number in the interat number four so which number interrogatory are you referring to it's defendant exhibit number four I I have the exhibit four here uhhuh which number interrogatory are we refering oh which like which number out of the questions yes MA 24 25 um it's supposed to be number I guess they're all numbered one so number one number one again and then the third number one I don't know how to tell you what number one because when you responded you put number one on all of them point to it I'm talking number one two number okay and's number but the page all right they're asking if you have any receipts for restaurants hotels bars things like that the first number one I believe it's the second number one the second number one okay so it ask you if you have any receipts for things like restaurants bars hotels things like that where you accompanied a member of the other sex romantic partner correct it says Identify any in All Occasions okay and so it says to identify any and all occasions where you entertained a member of the other sex okay who's not in related of blood M and including dining drinking restaurants bars pubs hotels all of that okay and what was your answer to that none n okay so May 30th 2023 prepared you prepared this document I did submitted it I did and it says None as far as entertaining a member of the opposite SX it does okay no hotels no bars no restaurants correct okay um you again updated that let's see you updated it on December 22nd 2023 and I'm going to mark that as Defence number five and I have copies is that correct yes ma'am okay and then you updated it once again on January 26 2024 correct yes ma'am okay that one may I approach the witness again judge is that what you're marking is defense exhibit six yes judge I'm marking um number six is the January 26th 2024 interrogatory and then 20 that one and then number five is the December 22nd 2023 interrogatory response all right are you tendering those at this time yes I am all right any objection from any council do fense exibit five and six yes no thank you m cross seeing none others um so now that you have those let's just talk about those for a minute um those were verified so sworn under oath okay and one of them was December 22nd and then of this last year so last December and then one was just recently submitted in January right okay um in May May 20 what let's see May 10th 2023 judge Thompson heard a motion to compel in your divorce case as well correct yes okay and you were actually held in willful I'm going to object to the relevance of his credibility um is relevant judge and if he was held in willful contempt for failing to provide answers and documents I think that's relevant to this court how is that a prior false act or crime of conviction or anything else allowed for impeachment on the Rules of Evidence I I'm not offering it as a prior bad act or something like that I'm offering it towards his credibility judge which you get to determine um if he's made misrepresentations in these pleadings um you're you're here to determine whether or not he's telling the truth or not so if another court has held him in contempt and that's part of the divorce proceeding I think it's relevant but just contempt generally can be for many different things like if a failure to produce is not necessarily a false act right right and he's welcome to explain that he may not have to M cross I I I object to the relevance of that that's clearly not a proper impeachment uh we're going pretty far field into divorce matters that don't have any direct relevance to anything that's before the court to the relevance of that further all right not seeing uh that being a proper grounds for impeachment uh sustained okay let's talk about this December 22nd 2023 um verification I tabbed it for you um again they asked you if you had any documentations showing proof of this relationship proof of any relationship correct I'm going to object to the phrasing of that question I don't believe that's an accurate read of the interrogatory must be precise Miss Merchant and and you please read it I want to make sure I'm accurate please read it which which number this one actually has a number I tabbed it for you so you should be able to open right to the page um it's number 22 the question specifically is if you have any tangible evidence of any nature in your possession or control or any other person or entity which relates to any manner of your activities to any person with whom you've had a sexual relationship during your marriage tangible evidence is notes cards letters photos films recordings documents tapes video recordings receipts invoices and other tangible evidence yes and you answered that you did not have any documents to that effect correct correct and um that was on December 22nd 2023 yes ma'am you updated those responses again after the motion to disqualify was filed though correct when was the motion filed January 8th 2024 when I filed the motion to disqualify you and alleged that you had a romantic relationship with Miss Willis yes ma after that you updated these responses correct yes ma'am and so your new responses you now changed your answer from that you didn't have any of this to you're asserting the privilege under 24555 correct yes ma'am okay um and both of these are under oath yes ma'am you also updated your response to the question about spending time with someone other than your spouse for dinner drinks things at restaurants bars hotels or the other person's home correct yes me so in December of 2023 you said no to all that and then in January after I filed my motion you said privilege to all that Fifth Amendment privilege yes ma'am okay um and I just to be clear was it sorry I had object a characterization of Fifth Amendment privilege I think it was a statutory privilege and that's so what I was just about to ask him so that privilege covers infamy or fifth amendment privilege correct so was a privacy privilege is what I've updated my response to do once you filed your motion to uh intervene in my divorce action um I then figured that you were in talks with my former wife's uh divorce lawyer okay um and because of that um I asserted a privacy privilege because I didn't want the uh proceedings of my divorce to bleed over into the proceedings in this case which is the case that obviously you're involved in so your answer is in December of 2023 that you didn't have any documents about any travel to Egypt with Miss Willis that wasn't true though correct they didn't ask me about any documents regarding Miss Willis a romantic partner they asked you for documents regarding a romantic partner so I'm sorry I I inserted Miss Willis's name let me rephrase the question they asked you for documents about travel with a romantic partner in December 2023 and you under o said you did not have any of those correct I did not okay and they asked me about gifts right never purchased the gift for and they asked you about receipts for dinner receipts for drinks hotels bars and restaurants and you said you did not have any of those I did not and do not have any receipts for any of those things okay and part of the Civil Discovery they say that even if you don't have it in your pocket if it's within your pvy you got to get it and give it to them correct you I'm going to object again to the relevance of the the questions about the scope of civil Discovery I think she's asked him about statements he made in pleadings um are already in the record and um all right to the extent you're trying to establish a prior uh Miss Truth uh Miss Merchant uh I'll allow you to ask a few more follow-ups but if it's not there we have to move on thank you um so in 2023 December you said you didn't have any receipts I do not have any receipts I did not have any receipts but you did travel with Miss Willis in 2023 correct I did and you traveled with her in 2022 correct I did and you traveled with her in 2021 correct no so you only traveled with her in 2022 and 2023 2022 and 2023 is what I recall that's what you recall yes okay um so you just don't remember if you traveled with her in 2021 2022 and 2023 is what I recall is what you recall my question is did you travel with her in 2021 not recalling any travel in 2021 so it's not yes or no you just don't remember I'm not recalling any travel in 2021 so you did not travel with her in 2021 has been covered let's keep going thank you um let's see you um you found an affidavit in this case correct I did okay and I marked that already I gave it to the state um as number one number one may approach judge in that affidavit you swore under oath correct yes ma'am and in that affidavit you swore that um well first of all do you recognize the affidavit I do okay did you sign the affidavit under oath I did and you gave this affidavit specifically to refute the allegations that I had raised yes ma'am nobody forced you to sign this no ma'am you chose to sign it I did and you signed it on purpose to to admit into court for refute allegations I did um you signed it specifically to prove that you were not in a relationship with Willis prior to November 2021 correct correct and you were a lawyer when you signed it I was and you're still a lawyer today correct I am when were you barred 1999 okay and and um you believe that your relationship with Miss Willis is subject to attorney client privilege correct I'm going to object to that you're I I don't think that's factually correct I don't think that's a relevant question and I don't think it's appropriate to qu question this witness about the scope of his attorney client privilege um he's got an attorney who can speak for him for that but questioning the witness I think appropri all right so a lot to unpack there uh the question speci simply does he believe there's a relationship that exists in the terms of attorney Cent privilege between him and Miss Willis is is that accurate it was I asked if he believed his relationship with Miss Willis is subject to attorney C privilege okay I don't see why yes or no would be barred I'm I'm maybe I'm not maybe I'm not understanding the question if if the question is does Mr Wade and district attorney Willis have an attorney client relationship it is not there's no foundation for that if the question to the witness is does his relationship with district attorney Willis impact his attorney client relationship with his divorce attorneys uh that I don't think is an appropriate question for that for that witness first if uh first I believe is a proper phrasing the second I think there's been a representation that Mr Wade preserves and doesn't wave anything and so I think asking him particular questions in order to potentially um back door a waiver is inappropriate and that's that's that's my question all right if we're just trying to again assess where a privilege does or does not exist and we're not actually getting into it uh I think that's we can establish those you know uh parameters but M Merchant can you rephrase the question based on that concern and we'll see where we are yes um do you believe you that your relationship with Miss Willis is subject to an attorney client privilege not if you and Miss Willis have one but do you believe that that relationship is subject to one I'm going to object to that question as it's phrased in what context um any conversation with his attorneys is privileged uh that that I think is is clear what's not clear to me from that question is is that is Miss Merchant asking in the context of your communication with your attorneys is that is that or outside that context is it right um and Miss mer I think we need to figure out what what are we getting at with this I'm trying to figure out if he thought that their relationship is subject to an attorney client privilege I mean it's been asserted I think it's going to be asserted and that was all I was asking um I mean the the actions themselves wouldn't be an issue it's more Communications someone saw them someone had knowledge of it is that attorney client privilege I want all right well I guess I would find his legal opinion on this isn't isn't relevant we can deal with that as it comes up so sustained um in 2022 um in this after David you swore that you and Willis developed a personal relationship yes ma'am and you said that that didn't that didn't develop until 2022 correct that's correct and that's different from what you said in your pleading in May 2023 in the divorce case correct no ma'am in May 2023 when you were asked if you had a um if you had any Affairs essentially and you said none that's correct okay so in May you said you had not in May 2023 in the divorce case you said you had not had a personal relationship an affair a romantic relationship with anyone that's correct but you told this court in the affidavit that you did have one that started in 2022 so that would have been ongoing at 2023 so here I think there's a distinction if you'd allow me to explain um the interrogatory asked the question during the course of your marriage um to date it actually says a request that the witness be committed Mr way so so my marriage was irretrievably broken in 2015 ma'am um by agreement um my wife and I agreed that uh once she had the affair in 2015 that we'd get a divorce um we didn't get a divorce immediately because my children were still in school and I refused to allow them to grow up without their father at the time so we waited we waited until the youngest graduated and we dropped her off at college and didn't fil for the divorce so if you're asking me about the interrogatory as it relates to having uh the 2022 relationship with district attorney Willis I'm going to say because my marriage was irretrievably broken I was free to have a relationship so the question though was if you had had a relationship and in 2023 you said you didn't not and that is different than what you said in this affidavit correct no ma'am I said during the course of my marriage so in you beli it let me finish M merch so in 2015 my marriage was irretrievably broken so I did not have a relationship with anyone during the course of my marriage um and in that interrogatory they asked you if you had any receipts for travel with someone of the other sex up until the time you were answering it is that correct yes ma'am and you said that you didn't you've already testified to that earlier but in this affidavit you said you swore that you had travel expenses and shared expenses on travel with Miss Willis again during the course of my marriage I had no relationship or receipts I'm not asking about during the course of your marriage I'm going to ask the the witness be about to answer the question continue I have no problem with them answering okay um um as it relates to receipts today I don't have any receipts man so you don't have any travel receipts um available to you for any travel that you did with Miss bis I don't have any receipts no man um no receipts that so so you're you used your business credit card for these trucks correct I use my business credit card for everything okay I yes um you use it for your kids tuition yes ma'am used it for personal TR with missis yes ma'am and you have receipts from those business credit cards that you have to file with your taxes correct no ma'am no I I I file this statement I turn over the statement and whatever is there on the statement the accountant looks at it and the accountant says okay this is personal goes over here this is business goes over here here your taxes so you have those statements we call statements instead of receipts you have those statements correct I had the statements yes ma'am but when you answer the inter under you said you did not have anything to show the records of travel with Miss Willis I answered the question I had no receipts ma'am you had no receipts but you had statements I ordered the statement yes ma'am you did order the statement did okay and um so so we're just talking of semantics between invoice and statements or receipt I'm sorry I'm going to object your honor to the um argumentative tone of the question I believe it's an ask and answer all right so um in let's see you also in this affidavit said that no funds paid to you for compensation as your role as special counselor was shed with Willis correct that's correct um and that you never cohabitated with Willis correct that's correct um by cohabitation does that mean that you never spent the night with Willis I spent the night with her during travel just minut okay and so when so I just want to qualify your term your use of the term cohabitation that means you didn't live together that's great but you did spend the night together yes when was the first time you spent the night together your honor um that's the subject of his affidavit Judge right but it might not be the subject of this hearing so the question is the nature and extent of the relationship and so if they just spent the night on a single occasion I don't I would be I don't think we're going to document in detail every single time that happened and I don't intend to do that judge but I think what is relevant is when the relationship started and that's what you why don't we start with that question and go from there question and that's what I asked when the first time he he spent the night with our W that's that's what I asked that's a different question isn't it okay so let's not talk about when you spent the night when did your romantic relationship with Miss Willis begin 2022 when in 2022 early 2022 so you were appointed in November of 2021 yes ma'am and your relationship started early what's early January February around March around March but you two met at an October 2019 um judicial conference correct yes ma'am and um describe your relationship at that point then which point 2019 so I was at a Judicial conference to teach a course if you will um to newer judges um I did that in 2019 um as I was exiting the conference um another judge was standing outside who was a friend of mine I stopped and exchange peasantries with with her um and standing talking to her at the time was then judge Willis she introduced us um at that time we shook hands exchanged business cards and I got into my vehicle and left the conference so that meeting was probably three minutes okay when was the next time you talked to her didn't talk to her again probably maybe a month or a month and a half it gone by okay so you talked to her November maybe maybe on the phone on the phone okay how regularly did you speak with her in 2021 on the phone in 2021 I'm sorry 20 2019 I'm so sorry 2019 how frequently did you speak with her on the phone 2019 after the meeting I probably talked to her two or three times she would have questions um I was the district rep for the particular District that I sat in um and the judges would when they would have questions they sometimes would go to the rep so she was outside of my district but um she would call me she felt comfortable calling me to ask me the questions I don't know if you know the the racial makeup of certain benches but it wasn't very diverse so she felt comfortable calling me for advice um and she did that and we had also in common that she was starting um a private law practice at the time and I'd already had mine up and going and we talked about balancing the demands of the the bench with that private practice so we didn't we didn't talk that often but when she had questions of mostly legal issues that would come up she would call me I just want to make sure cuz my question was just how many times and you said she three times right okay and in 2022 how frequently did you speak in 2022 this is before you were appointed sorry perhaps this much as uh your timeline 2022 I'm sorry 2020 2020 how frequently did you speak in 2020 2020 it was um more more frequent than than 19 um obviously but more frequent can you tell me approximately a month how often you think you spoke with her on the phone I'm going to object to the granular detail and I think uh Mr way can certainly answer however you want to but if we're going to go through every time they spoke on the phone as opposed to generally characterizing a relationship it would be more detailed George I'm not going to go through every time they spoke on the phone I'm asking for generally how frequently they spoke I think at that level that's fine overall about how frequently did you speak in 2020 per month I mean if it was two or three times that entire year you can tell me that if if it was more than that then you can quantify by month no no no we we spoke on the telephone often I mean I don't know how many I couldn't give you a amount of time because you remember Co happened and the world was shut down but so we spoke on the phone more than 2019 okay let's let's qualify it before her election in 2012 how much how frequently did you speak you mean as she was campaigning before the election before yes as she was campaigning before she was elected it's two different animals as she was campaigning before she was elected okay so during the course of her campaign um we didn't talk as much obviously because she was busy fton county is a a large jurisdiction to cover um but we didn't talk whole lot but she did know that I'd gone through the election process so when things would come up um she had questions about she would call me and ask me so and just I only judge actually he's not asked and answered and I mean I don't mind him explaining but I just wanted to know how many times I mean if we talk about every conversation they talked about I he's got you got to let him finish his sentence and then if you need to redirect him or have me direct him I can't Mr Wade can turnue yes so so sometimes it would be like a 3sec call she would go have you during your election have you ever seen this and I would say no but here's what I would do and we'd hang up um she had a lot of professionals working for her but um she trusted my judgment so she called me it you know be brief conversation but she called so my question was how frequently did you speak with her prior to her election I I frequently infrequently more than 2019 um but it wasn't everyday thing no in 2021 before you were appointed in November so January to November 2021 only time I'm talking about how frequently did you speak with Miss Willis on the phone in 2021 then it became frequent frequent yes but you did not work at the DA's office at that point correct I did not um so the affidavit that you submitted um you showed on it you submitted one record that showed that Miss Willis had paid a couple hundred dollars for one flight correct say again the affidavit that you submitted to this court M showed that Miss Willis had paid for one flight several hundred is that correct m no ma'am I think that are you drawing a distinction for her paying for a flight or for her actually booking a flight because there those those are two separate things I will re I'll Reas it the affidavit you filed in this court M you alleged that Miss Willis paid for one flight paid for one flight correct no man you you did not allege she paid for one flight no ma'am what I what I allege is what I allege is that our travel was split roughly evenly so where you see I have booked the flight or I've paid for a flight with my credit card what you don't see is that she covered her own flight re reimbursement to me the flights that the flights that you see here are the flights that she would have a book with her own Resources with her own car and there's one flight correct one flight reflecting that that she actually Merchant let finish and then you can redirect him one flight that she actually booked yes the other flights I booked she paid for so the affidavit you submitted one flight that she booked and PID for yes ma'am I'm going to object to the phrasing of that question the line in the affidavit is not as m perant is representing it it said examples of the district attorney district attorney Willis purchasing plane tickets for she and I with her personal funds were attached us an exhibit certainly did not represent that it was the only example of the district attorney purchasing flights for U Mr Wade or for compensating um other travel all right understand M cross I think that's something you can it's now on the record but also something you can take on Cross thank and and just so everybody's clear all I asked you is you're affidavit you submitted proof of one flight that she paid for on board that's all I'm asking correct with the explanation yes ma'am all I need um you said in the affidavit that you roughly shared travel though correct yes ma'am okay so this roughly sharing travel you're saying she reimbursed you she did and where did you deposit the money she reimbursed you I was cash she didn't she didn't give me checks so she paid you cash for her share of all these vac Mr Schaefer you'll step out if you do that again yes ma'am okay and so all of the vacations that she took she paid you cash for yes ma'am and you purchased all of these vacations on your business credit card correct yes ma'am and you included those in deductions on your taxes correct cor no ma'am no you did not no ma'am okay um we'll get to that in just a minute then let's see um so the only thing that you have actual documentary proof not cash is this one receipt that you attach to the affidavit is that correct I object to that question that is a mischaracterization of the assertion that is in the affidavit I'm asking so then he can deny it I think he can then for himself M Merchant is this the only written proof that you have of a trip she paid for that I have yes yes ma'am okay so you submitted the one piece of written evidence that you have that she paid for something everything else is in cash is that accurate No that's not accurate okay please tell me what other receipts do you have then that show that she paid for things I don't have them so this is the only receipt that you have have to show that she paid for travel that I have yes ma'am thank you in your divorce case you filed a domestic relations financial affidavit correct yes ma'am the first one you filed was in January 2022 right there about yes ma'am and those are under oath yes okay and um you also filed corporate taxes in 2022 correct did okay and um tell me about your your business are you do you have a partnership or are you a solo practitioner as it s today yes so today um I have a separate PC my law partner has his own separate PC okay so but we're under the same umbrella under the same roof so we share expenses we share income and we split it so are you a partnership we are a partnership in the sense of we share expenses we share income are you registered with the state of Georgia as a partnership so the WBC firm that included myself Terence Bradley and Christopher Campbell we were registered with the Secretary of State as a partnership okay um for a short period time um when that was dissolved right in 2023 I'm gonna witness answer this question Mr W do you have something else to add there I did um when uh things happened and we excused Mr Bradley from that partnership it left Christopher Campbell and myself so now you have two separate PES under the same umbrella um sharing expenses and income okay so let me just narrow down my questions then are you registered and have you been registered at any time in the state of Georgia as Wade and Campbell Wade no man you've never been registered as a partnership as Wade and Campbell no manade and Campbell yes thank you but as Wade Bradley Campbell yes ma'am Wade Bradley Campbell was registered on April 1st 2021 and administratively dissolved on September 8th 2023 correct yes ma'am other than that partnership you have always been registered as law office of Nathan Wade yes ma'am not with Chris Campbell correct thank you so the affidavit that you filed in your divorce case the first one in 2022 I think I'm up to number seven I'm going to just show you give you a group of exhibits so we don't have to go back and forth I'm marking the 2022 as 7 I'm marking the 2024 as8 I'm marking the um the credit card statements as nine and your taxes as 10 taxes the relevance of them at this point uh relevance of this entire business structure doesn't seem clear to me as either impeaching or relevant to the issues that the courts uh under the Court's consideration but in so far as talking about tax returns and other things like that certainly that's uh should be redacted and um I would object to the relevance of it I agree they should be redacted I don't agree to the relevance um but I haven't tried to Tender them yet judge I'm just marking them right now so that everyone can follow all right and what is the eventual relevance that you were getting at here um well I'm going to ask him because because one of the things that we have to show in this case is a personal and financial interest so and he's talked about how he was reimbursed for these things and so I have a I have a right to go into the gra um so let's see s eight sorry nine and then 10 all right so right now I'm just going to show you what I've marked um as these exibits from the D approach CH May what I Mar right so um so these are sworn the I'm first going to ask you about the Domestic Relations Financial affid but these are sworn they're filed under oath correct yes ma'am and the most recent one that you filed was filed on January 26 2024 yes ma'am so a few weeks ago yes ma'am and in that one you said that you made $9,500 each month correct yes ma'am you said that in 2022 well in 2022 in this case alone isn't it true you were paid $333,000 over $33,000 I was paid yes in this case Fon County by Fon County uh I see where you're going so and and judge I just asked him to answer the question if he wants to explain it I've got no problem with that Mr way just listen to the question asked and and just ask answer the question asked in 2022 isn't it true you were paid over $300,000 no ma'am that is not true you were not paid over $300,000 by Fon County no ma'am I was not okay how much were you paid in 2022 then so what I was beginning to explain was fton County wrote a check to my firm okay what happens at that point is the checks are then deposited as you have the bank statements you see that and then they are dispersed between the three of us so there was Mr Bradley there was Mr Wade and there was Christopher Campbell a third a third a third so when you ask me if I was paid $300,000 the answer is no I got a third of that that went to my personal firm now once the money was distributed to my personal firm obviously the expenses come out of that and I get at the end of the day whatever the profit is so I did not get $300,000 no ma'am and let me just clarify my question was not did you put in your pocket $300,000 my question was was the law firm of Nathan Wade paid over $300,000 in the year 2022 again a third of that came to the law firm of Nathan Wade so you're saying that the law firm of Nathan Wade did not receive checks from Fon County government over $300,000 in the year 2022 that's a different question um a a third of the 300,000 came to Nathan Wade again not asking what went in your pocket I'm asking were was the law firm of Nathan Way paid over $300,000 in 2022 I know but I think dancing around the point there so final time m n that's fine I can move on Judge thank you um so you said that they were dispersed amongst all of you um or put into an account with all of you so it's your testimony that for 2022 every check you received from fton County government went into an operating account with you Bradley and Campbell no no no no that's not what I testified to um so the the the Wade Bradley and Campbell firm um established um an account when we decided to purchase a building in 2022 at that point every piece of income that came into the entity went into that account okay and then after expenses were paid it was split a third a third a thirdd right once that was disigned then the funds would go into a different account um my account one of my accounts and then I would disperse the funds between now attorney Campbell and myself one half and one half okay make sense it it does let me um let me be more direct then so the covis operating account that you had for Wade Bradley and Campbell yes ma'am the checks from fton County from January of 2022 until June 17th 2022 those checks were deposited in that operating account yes ma'am starting on July 15th 2022 the checks you received from Fon County up until May 26 2022 all went into an escrow account that you had at Fifth Third Bank correct no not all of them some of not all of them some of them yes so so it's your testimony that some of your checks from July 15th 202 to up until May 26th 2023 um some of them went into an account outside of the Third Bank to the the relevance of of the financial transactions how much money you made is highly relevant in this case it's the personal financial business and where where the money was and I mean it's just a follow up on other things that he's Justified to and why is how much money he made relevant because he represented in a in a it it's very relevant he filed an affidavit with the court saying with another Court he told another judge that he made $9,500 a month that's what he swore to and all right so this this entire inquiry is just to try and is to establish that prior Inc consistent statement yes all right um I I'll give you a minute or two more to try that but we're going have to move on thank you um so I know you're saying that you only got a third of the $300,000 but you were paid over the firm was paid over $300,000 in 2022 correct so Miss Merchant it's not what I'm saying it it they're numbers they're they're there it's it's the it's the truth the the funds were paid they were divvied between the three of us going into an operating account expenses paid out of it okay at the end of that the 9,000 figure is what you have um so that's where you got the 9,000 figure from yes ma'am and let's see let's um um prior to when you filed for divorce in November 2021 um you would use Mr Bradley's credit card to pay for things with Miss Willis correct and then pay back in cash I've never used Mr Bradley's credit card in my life you never used his credit card never for transactions to anything with Miss wellis out to dinner anything like that I've never I've never used Mr Bradley's credit card I've never used anyone else's credit card not even my father's and we have the same name um and you'd pay pay back if you ever did use someone's credit card you'd pay back in cash though correct ma'am I've never used someone else's credit card um can you take a look at the bank records that I gave you that's the largest tab you have for the record which exhibit is this um it is exhibit hold on Judge exib nine it should be the largest SE before there starts questions from that the exhibits haven't been tendered and I maintain my that's objection all right let's see what the next question is and maybe then that objection is going to be highly relevant okay is that an accurate copy of your Capital One statement that you provided in Discovery to um that is that an accurate reflection of your Capital One records that I provided in Discovery to whom um to your divorce lawyers or so or that you provided in the divorce proceeding is the is the question does he recognize it by site I'm asking if it's the statement than I think that is the question well I mean it's it's a thick document but I I believe you if you say that that this is this is what my wife's divorce lawyer gave you I believe it your name's on every page of that document correct on every page pretty much every page it's not every page no it's not on every page no man they're all Capital One bank records they are okay just take your time look through it tell me if there's anything that you think is not yours no no no they appear to be okay um and those bank records show that you paid for travel with Miss Willis yes ma'am I'm I'm going to object the relevance of these documents and the um well I think are you tendering um exhibit n I'm going to judge and they're highly relevant to the they the well you asked him a question about the contents of them and they haven't been admitted yet so why don't we start there thanks those show travel that you and Miss Willis took well so you're asking about the contents of something that hasn't been admitted yet right well I'm asking them if that's what it shows because I know that they're going to object on relevance well first we got to say if it's you've authenticated it perhaps and before we get into other details of what's in it I think to be admitted fine move to admit them all right object unrelevant all right and on that overrule M merch thank you um those records demonstrate that you paid for travel with yourself and Miss Willis correct they they should it okay and let's just talk about that travel okay um the first trip is Biz in March 2023 is that a trip that you took with Miss Willis are you ask did you take a trip with Miss Willis in 2023 to believe I did did you take a trip to California with this Willis in 2023 I did did did you pay for those trips on that credit card I used the credit card to book the the travel but un understand she PA you back cash well let me say this let's take the B trip for example since you started there that was a birthday gift to me so I paid nothing for that trip zero okay so the the charges that are on your card she gave you cash for she did okay so all of the charges excuse me the witness finished answering the question oh did you have more I did okay um I I wanted to get into the the charges on the the car because so traveling with her um is is a is a task you can probably imagine the attention that that happens so for safety reasons um she would limit her transactions um I mean imagine trying to walk through an airport or sit at a restaurant or do anything um so there was no there's no attempt to con conceal it's a credit card everything is here so and and that's not what I asked okay um what I asked was the charges for B in March 2023 on that credit card those are things you purchased to go with Miss with Willis to those are those are things that we booked with my card that she paid yes yes did those show up on your credit card they do and you're saying that she paid you cash to reimburse you for all of that she did and she paid you cash for both of your portions or just hers both okay so that trip B just B she paid you for everything on B the entire trip so the food tattoo parlor all that stuff she paid for I'm going to May the question there was no there was no tattoo parlor in bise the charges there's a there's a tattoo parlor on the charges I I'm not getting into what it was for I'm just asking if everything that's on that card related to bise she paid you back for she paid for yes ma'am okay um let's talk about California in May 2023 you all went to California together yes and you booked plane tickets yes and her name was on those plane tickets they were and so I know you said that you were worried about security and things like that but that was in her name when she traveled she had to use her name oh oh so the the plane tickets Yes Man okay and you paid for those plane tickets and you paid for a hotel so again the card yes you used your credit card and I'm not asking about after what happened I'm asking did you use your cred credit card to book your flight and hotel to California I did and um there's a lot of Ubers on there as well for California did you pay for those Ubers as well yes we were in Napa and you're saying that Miss Willis are you saying that Miss Willis paid you back for that yes did she pay for the entire trip or did she pay for her half of the trip the the Nappa trip M she paid for the excursions so the the the expenses sort of balanced out I mean there was never let me be clear there was never a time when I would say hey I bought dinner dinner cost $25 you need to give me $25 if if you've ever spent any time with Miss Willis you understand that she's a very independent proud woman so she's going to overall Mr so she's going to insist that she carries her own weight and it it actually was a point of contention between the two of us she is going to pay her own way so let me Reas the question to make sure that you answer it a California trip that you paid for saying that she did not pay you back for cash instead she paid for excursions and you believe that was roughly half no she gave me some cash yes what I'm saying is the the ex everything that we did when we got into Napa she paid for the trip that she booked on her credit card in Miami did you pay her cash back for your half of that no so you never paid her back for the ticket she bought for you no no I would say I did pay her back because there were times when I would pay for dinner okay she would pay for dinner it would balance out but in a relationship ma'am you don't particularly men um we don't go asking back for anything so you're not keeping a ledger of things that you pay for versus the thing that she's paid for um which is why I said that it was a point of contention because she was very emphatic and adamant about this independent strong woman thing so she maned that she P her own way um but she's the district attorney of Fon County and she has to file Financial disclosures disclosing any gifts with anybody that she does business with in Fon County correct I'm I don't know okay um let's talk about Tennessee you booked a cabin in August 2023 and paid for a cabin in Tennessee that's when you paid for it I don't know when the trip was can you tell us about that August of 20203 M you booked a trip for $1,481 54 are you are you you asking me did I take that trip with Miss Willis or are you asking me first I was just asking you to acknowledge that that is correct from the records that you paid for a cabin in Tennessee do you recall and hopefully you can do it from your memory do you recall paying for a cabin 6 months ago $1,481 in Tennessee where where where are we now what page is that I'm just asking from your memory do you remember paying for a cabin in August if the he's going to be asked about a particular transaction you can answer whether he remembers or not I don't Mr W I'm I'm not asking you to go through a thousand pages of Records I'm asking if you remember paying for a cabin six months ago in Tennessee no you remember booking a cabin I booked lots of cabins did you go to a cabin with Miss Willis ever ever ever no you've never gone to a cabin with this no um have you ever gone to Tennessee with Miss Willis yes okay when was that that was around 2020 to early 2022 early 2022 okay it was a it was a a a day trip um okay so you didn't spend the night so it was a day trip okay we would drive there have lunch drive back um the reason we would do that is because the attention she couldn't get any peace of mind going locally so we get in my car and and drive to someplace off the be path and have lunch and F back is that when you went to fing goat with her it's in Jasper Georgia no that's that's in Georgia I don't I don't I don't recall going to f goat with her so the Tennessee day drip day trips were not were only Tennessee yes okay did you ever do these day trips in Georgia do we drive anywhere in Georgia yeah you were you were talking about day trips going out out and I'm talking about outside of the metro area day trips that you were just talking about these trips you were talking about the ones that you were I'm only asking about the ones you were just talking about are all of those in Tennessee no we drove to Alabama before okay back you drove to Alabama mhm um did you go anywhere in Georgia North Georgia I'm going to object want to direct his attention in some way to a time frame or a location then I think it might be easier for the witness to accurately Miss mer I think if you don't have the specific details yourself we need to start getting into specifics or more maybe broadly phrased questions um we can't just be exploring around indefinitely is it is it fair to say that you've taken so many trips with her you don't even really remember all the places you've gone so many trips you're having trouble remembering going if you went to North Georgia or not were you're asking me about specific places and I I want to be candid in my responses so I have to jog my memory because these are places that I have frequented but not with her so I want to make certain that if there was ever a time that she accompanied me that I was candid in that response okay um Aruba October 2022 and I've got um business record certificate for these judge maybe a little faster um but did you did you take a trip with her to Aruba in 2022 yes ma'am so that Aruba trip um was so that was a package deal there we um my mother had recently retired and I decided to take my mother on a cruise okay um and the second leg after the cruise concluded um da Willis and I went to Aruba so that was all one one trip if you will okay so my question was did you go with da Willis to Aruba in 2022 I did thank you and you paid for that trip using your business credit card correct I did okay and you paid for a cruise as well correct that that's the cruise I was referencing with da Willis my mother and myself okay and because there's two cruises so let's just talk about the first one so the first one was um you took that's the one with your mother yes and so you introduced da Willis to your mother that trip you all took a cruise together the three of you yes after the cruise was done you and da Willis flew to Aruba together and your mom flew home yes and you paid for all of this with your credit card on your business credit card I did and are you saying that Miss Willis paid you cash back for that she did now now but but let me make this distinction though um because the the number that you're looking at reflects the three people on the cruise ship there were things that my mother and I did um just the two of us that da Willis didn't didn't do and and and I'm not attributing that I did not my math is not good but I did not include anything with your mother um on those I you wouldn't be able to see it because it's not separated out um it just shows a charge on the on the uh on the account when actually it would have been something with my mother and I um judge may approach with exhibits 10 and 11 they're both certified business records from from I thought 10 was taxes sorry letter and um these are business records judge they have I all right uh defense 11 and 12 M cross based on Miss Merchant's representation that they are true and accurate as to the certification that was provided to her um we have no all right again seeing no other objection they admitted um so the trip just the trip to Aruba alone for un da Willis was $3,835 126 correct just Ruba I'm looking for the um the amount this one is 11 yes ma'am $3,835 26 and then the Royal Caribbean for just you and Miss Willis was $269.71 26970 where are we which page we're on the receipts there's there's just a few pages of receipts um on exhibit number 11 okay I'm in 11 can you direct me to where you are on in exhibit 11 the receip foral cariban so we've got your flights on the one page I already asked you about for Ru and just for the record I blacked out their um and then roing may be on oh it's small it's hard to read um it's very hard to read so let me just me this right then do you recall paying around $1,269 70 for Royal Caribbean crew for you and miss wellis you don't remember that I that that amount seems kind of small I I don't think okay so you believe it was higher yeah okay um while you were in Aruba then you bought a cruise a Norwegian Cruise right and that was the the New Year's Eve Cruise while I was in AR Ruba no man um the credit card documents that were ex um admitted earlier show the purchase date when you were in Aruba but you don't remember doing that in Aruba I didn't I didn't purchase a a cruise while I was in Aruba that may be when The Cruise Company decided to run the invoice but I didn't I didn't purchase a cruise in a Ruben around the time you went to rubba you purchased a cruise for Norwegian for you and Miss Willis to take for New Year's correct before I went to Aruba yes ma'am and that was roughly $3,387 the cruise to arua I mean the cruise to I'm sorry the Cru the um the Norwegian Cruise so that cruise was with my sisters okay um and the the number that you are seeing would reflect um my buying dinner for my sisters and their husbands or I'm just talking about the cruise the amount that was paid for the cruise ahead of time when you booked the cruise I'm just talking about that okay that that was a little over $3,000 yes ma'am okay so and I understand you you're saying you paid for other things but I'm just talking about the cruise amount okay and you paid for a Jeep and you paid for dinner while you were there in Bahamas yes ma'am okay that's the one that Miss Willis paid for a fight for correct that's one of the fights he paid for yes Ma act a documented paid for not cash I'm talking about a non- cash transaction that's what she paid for you you mean the one that I provided the the receipt for yes yes ma'am that's that okay and um so she booked that on her credit card and wasn't worried about I know you said earlier that you were booking everything because she was worried about people knowing where she was traveling she didn't have any fears booking that one though correct OB to the phrasing of that question speculated to what was the motivation of the district attorney she wants to ask that was the transaction that was a transaction uh M mer I think you can rephrase the question but I'll sustain it on that current phrasing um so she purchased that under her own name correct she did okay um let's see so I know we talked a little bit about the seminar where you all met um isn't it true that you would go to miss Willis's House in South Fon County I've never occasionally I've never gone to her house in South Pon County you've never gone to her house in sou I've never seen her house the first time I even heard the address of that house was when um one of the individuals in the uh election for our case somehow doxed it and it got out that was the first time I'd even seen that address um but you would go to the East Point condo correct what East Point condo East Point haill something like that I've I've never been to East Point with Miss Willis you've never gone to you've never gone G to a condo in either the East Point Oreville area with Miss Willis wait that's different I have gone to a condo in hatville okay so haille yes ma'am so you have gone to a condo with Miss Willis in haille I have have you spent the night there never never spent the night never is that the condo that was rented by Robin y I believe it was and um other members of The Da staff were there as well correct sometimes I I've I've never been around other members of The Da staff at a a condo in aceville there's never been any security for Miss Willis not around me um did you ever ride with Miss Willis with her security detail to and from the house no um you served on Miss Willis's transition team correct yes and you were part of all of her interviews Where She interviewed and reined employees I would say probably 98 99% of them yes um is it fair to say you took an active role in these interviews yes ma'am prior to this you'd never worked at a DA's office right have I ever worked in her DA's office DA's office any DA's office no ma'am um have you ever managed a large Law Firm or a large I'm going to object to the relevance of these questions Miss mer he served on her transition team and so and what we're trying to prove is that there's a personal and financial relationship and that it was improper um and so you know whether or not he had experience to serve on this transition team I think is relevant right I think I already said that we don't need the evidence you're hearing on that point sustained um Terrence Bradley also received a contract for Fon County correct correct you're asking me about Terrence I asked if Terrence Bradley also received a contract for fton County I believe that he did and you were partners with him at that time correct I was so under what you testified to earlier you would get a third of that contract as well correct I would have and Chris Campbell also had a contract with fton County I believe he did and so under what you've testified to you would also get a third of that correct I would um they both had contracts for what are called first appearance which is where they would appear on behalf of the district's attorney to do first appearance hearings correct I believe they I believe they did okay and um they also had what's called a taint contract um they both entered into a January 25th 2021 correct filter yes ma'am taint or filter yes ma'am and that was were work in the anti-corruption unit I don't I don't know that it was anti corruption I I think that it was uh civil rights maybe okay and and judge the um the da or pH Count's come and I guess brought a certificate now so um we would move to admit the contracts I've got those um under that certificate I was planning on doing it under the open Records Office store but I believe now they've certified it I haven't looked at everything they certified though so I'm going to ask that the document be um looked at and confirmed prior to it all right Miss mer is there anything else uh what other areas were you planning to cover on is direct other than these documents um I'm planning on introducing all of the contracts and invoices but I haven't had a chance to look at what Fon County certified um so I'm planning on introducing those and then um not much can we do the not much we'll do the not much and then we'll get back to the contracts okay yeah definitely um okay so this taint taint contract um and and we're not admitting these right now but if I represent to you that they say anti-corruption unit um can you tell us what a taint attorney for an anti-corruption unit would do I didn't have a part in those contracts they were your partners at the time though correct oh absolutely okay and so you didn't have a part in those contracts but you got a third of the contract payment oh absolutely okay so the taint contracts that Bradley and Campbell who are your law Partners at the time had for doing taint review you got a third of those yes ma'am okay um you signed a confidentiality agreement with the DA's office as well correct I did and I think I'm up to judge 13 marking that as number 13 approach judge showing you a copy of what I marked as number 133 if you could take a look at that and tell me if that is the confidentiality agreement you it is and this basically says you can't talk about anything that happens inside the DA's office right no it doesn't say you can't talk about it no no no you said it basically says that I can't talk about anything that happens inside the DA's office and that's that with are you tendering this exhibit I am yes um we would tender 13 Miss cross fa to see the relevance relevance objection otherwise this meran relevance to this judge it's relevant to his testimony if he signed an agreement that says he can't talk about things that happen in the district attorney's office I think that's relevant to to this I also think how that he because it's motivation in his testimony I mean whether or not he's going to testify to something also been certified I mean it's part of the record as from what Fon County gave us um sure but he hasn't said that that's preventing him from testifying in any way today is it go and then I can ask him about that Mr Wade is This Confidential agreement affecting your testimony today no sir okay all right that's fine um let's see the contract's judge um and the invoices that I wanted to admit I wanted to admit all of his invoices and contracts with um pH I have them certified I guess I have them certified through Fon County so I wasn't sure if I need to do that I just wanted to know if the state had an objection to those before well they haven't had I don't think they've had a chance to look at them so is that that's the sole remaining U exhibit in line of questioning here yes and in terms of the follow-up questions would it just be for him to say what's reflected in these documents themselves if they have an objection to the certificates that Fon county has given I would admit them through him because he could recognize them but assuming they're admitted would there actually be anything substantive he would add other than the documents themselves right okay so subject to that qualification do you have any other questions to this witness um May I just have a moment sure thank you is it possible actually we take a quick break we're getting there okay thank you certainly have the opportunity over lunch to take a look at these documents and work out whatever we um did you discuss your relationship with Miss Willis in Social settings help me understand your question did you discuss your relationship with Miss Willis in Social settings no I heard the question I just I just need to understand what you're asking me like uh what relationship when your personal relationship with Miss Willis I'm qualified I'm sorry did you discuss your personal relationship your private personal romantic relationship with Miss Willis in Social settings no ma'am you've never discussed it in Social settings no ma'am um did you ever discuss it in front of Robin YY in a non social setting no ma'am Miss Miss Willis is a very as in my we're private people not our relationship wasn't a secret it was just private so not at all I wouldn't have discussed my relationship with with m City or anyone else publicly okay I actually did have some questions just about the um invoices you want to just these are the documents that you're referring to yeah they are it's all of his invoices I mean what kind of questions would these be other than the invoices say what they say it just that yes that they say what they say just talk about them that's fine no all right thank you all right at this point uh we'll take a break I'll ask uh the parties to take a look at what did you had you mark that as a defense exhibit um I have his contracts in his invoices that I'm about to Mark um so before he leaves me I just want to make sure that the state doesn't have any objection those are marked as they about to be marked um exhibit 14 14 15 1 all right so 14 through 18 so ask state to take a look at those I will take a look at those and see if I can match them up with the certified docum all right and then we'll address whether they are tendered for the record when we come back and from there then we would turn over to the remainder of Defense Council and then the state for any uh examination as well so to that end uh let's take 45 minutes we'll be back at 1:00 Mr Wade uh you're still under oath and I'd ask you not to speak um with any other Witnesses about your testimony or about any testimony that's already occurred yes sir all right we'll be in recess well there in my phone m St you all right we're back on the record and Miss cross did you have enough time to review the production of documents provided by Fon County I did Merchant had mared at it's 14 15 16 17 and 18 and so far as exhibits 15 16 17 and 18 there document that I recognize and I don't have any objection to those uh they clearly came from colon County however exhibit number 14 contains several items that did not come apparently from Pon County and I'm handing it to Miss Merchant to show they're not in that I got them I can't agree that the documents that are not in the certified bundle are properly admitted as part of okay M Merchant would you like to repackage and present to miss cross defense exhibit 14 um I don't they're exactly what I got from the county attorney apparently they didn't want to testify so they gave us a certification but didn't put these in so they're going to have to testify I got them from them the documents that the difference between the two document Productions what is what is the difference bank records credit card statements things like that that um ordinarily be part in course of but I got them from the open records portal so I mean that's where I turn no I understand and and but the difference in production Miss Merchant you've taken you've taken a look at them and they're actually material to your case yes in what way they're all of his invoices judged and then he has like a it's just this is what I got from them it's all of his invoices and one of the invoices a reimbursement that he printed some things but like for the reimbursement I mean I don't really care if they take the reimbursement out because they actually are already admitted in the other exhibit I did I don't have any problem with the invoices invoices are clearly the record isn't contain in the certification so if we remove the items that that are in dispute then I don't have an objection to that they're already so you're removing them you want to all right so again let's have opposing Council look at a revised exhibit 14 and then I'll hear whether there's any objection the revised exhibit number 14 contains only the invoices that submitted and say has no objection all right then uh not seeing any other issues from other Council we'll note exhibits 14 through 18 have been admitted for the record without objection uh I think at this point it' be good to make sure we've got I think one through 18 with the court reporter others but if you want me to give them to the witness Let's uh well if he's done looking at them let's just get them all compiled and Oran organized and with the court reporter in case other defense counsel are going to reference them no it wasn't for him to have them all is we just need to have one through 18 organized with the court reporter yeah so you want me to take all the back I think we ought to do that all right as Miss Merchant is doing that let me go down the list Mr s question let me just let me just to keep it consistent I'll go in order so um if Mr s is deferring then I'll go to Mr stocks Mr Durham on Zoom all right Mr McDougal I will refer to Mr all right Mr rice all right thank you Mr Gillan thank your honor uh good afternoon Mr Wade good afternoon sir a few follow-up questions I'd like to start off with the exhibit number four that you should have up there those are the interrogatories no sir they're not up there remember I asked her to compile them all now you can grab them yes sir okay now these are the interrogatories that you had filed on uh May the 30th 2023 in your voice case correct yes sir now you went over in part some of those interrogatories but what I want you to do and because I want to get down to the specific language to clear up exactly what the interrogatories asked for and exactly what you answered okay yes sir now if we look on the interrogatory that uh I believe as we indicated they're really I think on page two uh the one this that starts off describe each instance in which you've had sexual relations you see that one yes sir all right now that interrogatory uh begins describe each instance in which you have had sexual relations with a person other than your spouse during the course of the marriage including the period of Separation you see that yes sir now these were filed on May the 30th 2023 correct yes sir now at that time you had had sexual relations with Miss Willis correct well I'm going to um object to the question as raised I think the question is properly at that time um certainly ask about an answer but object to I just ask you to rephrase but I think you can make the same point well your honor is a specific interrogatory and I would you know so the words do matter and I would like him to answer uh whether or not he'd had sexual relations with Miss Willis because if he answered yes then this interrogatory is a uh is a false interrogatory so I would ask the Court's Indulgence I'm not here to jump into some salacious um veterum situation but this is an interrogatory that matters so I would ask the Court's Indulgence Miss cross these questions have been asked and answered several times I understand Mr Gillan is coming at it from a different way but this question is not substantively different than those that have already been asked and answer in the information that he all right um Mr I'll allow maybe this question one more but uh I think you are asking it in a different way and I'll ask you to stick to the point right now as of May the 30 and may may may I ask the question that I okay thank you Ron on as of May the 30th 2023 you had had sexual relations with Miss Willis isn't that correct the the interrogatory sir ask during the course of the marriage and the period of Separation excuse me respon your hon I would ask the court direct the witness to answer my question yes or no as of May the 30th 2023 had you or had had you had sexual relations with Miss Willis yes Mr Gill if let's start with uh at the higher level whether he believes he answered it truthfully and then we can get drill down into why or why not he doesn't and maybe we'll end up exactly where you left us well but again your honor the point of it is is that the words matter and then we have to establish what did and did not happen and then he can give whatever explanation he chooses to to what apparently is a false answer but I would like an answer to my question and you may get one I just would ask I would like us to start at the high level before we drill down to specifics to see whether he actually contradicted that interrogatory if I'm making sense well uh the interrogatory is relatively direct and explicit sexual relationships with a person other than your spouse during the for of the marriage including the period of Separation that's pretty simple sure let's let's see if uh if that's something you can get him to admit you did have sexual relationships with someone other than your spouse during the course of the marriage uh and during the period of Separation which included up to May the 30th 2023 isn't that correct sir the the my answer to this interrogatory is none is no so you're saying that you did not have sexual relationships with with anyone uh outside of your marriage and the period of separation is during the period then you're answering the question to this interrogatory correct sir I'm saying during the course of my marriage I did not have sexual relations to anyone and this answer is no well again your honor I you can proceed Mr I need to we need a yes or no let's just get down to it did you or did you not by May the 30th 2023 have had sexual relations with Miss Willis yes or no yes or no yes okay now what you did is you answered no to that question didn't J none correct I didn't answer no to the question you just asked I answered no to the interrogatory question and the interrogatory stands uh that you answered as a pleading in a in a uh in a in a civil proceeding your divorce case right yes now excuse me the next interrogatory let's move there that interrogatory states as follows identify any and all occasions in which you entertain a member of the opposite sex other than your spouse who is not related to you by blood or marriage um you see that I do you now uh there are two parts to this the second part is I read on or in which a member of the opposite sex other than your spouse not related to you by blood or marriage entertain you and then it goes on to say including but not limited to dining drinking in restaurants bars pubs hotels you see that correct I do now as of May the 30th 2023 when you filed this interrogatory you had in fact entertained Miss Willis on many occasions had you not again during the course of the marriage the marriage was irretrievably broken in 2015 the answer the answer is still no let's read what the interrogatory says about the time period required to answer the interrogatory because what it says is uh it goes on to say including you including but not limited to dining Andor drinking at any restaurants bars pubs hotels or person's homes from the date of marriage to the present you understand what the word present means I do and present means the filing on May the 30th 2023 isn't that right it is so as of May the the 30th 2023 you have done a lot or you had done a lot of entertaining of Miss Willis had you not I had done some yes and in fact under your testimony uh you would have said that she had also entertained you isn't that correct yes and so your answer to this interrogatory is false is it not sir no it's not false uh well hate to dance around the you the answer is yes you did entertain Miss will is correct right yes she's not she's not your spouse at that time or any time correct that's correct she's not related to you by blood or marriage correct that's correct but you entertained her right yes and the course from your marriage the period of time up to the Pres so the answer would have been yes I did entertain somebody correct during the course of the marriage no Mr Wade Mr Gill I think we've we've made her point I think it speaks for itself and we can save that for arent I'll just follow up with one quick question you understand what the word present means ask I think we did cover that already as well okay now what has happened uh from from the time that you filed this court document in May of 2023 let's go over some of the things that you uh had been involved in in terms of being entertained or entertaining prior to your filing on the answer on the the interrogatories on May the 30th 2023 we've already established have we not that you had paid for a uh Royal Caribbean cruise to the Bahamas uh with Miss Willis correct yes sir with Miss Willis and my mother well your mother's not part of this interrogatory I'm talking about Miss Willis okay so you paid uh and and and caused to be paid approximately $3,335 on that trip Bahamas trip from uh October the 28th through October 31st correct you objection I think we've T this ground several times already Mr Gill let's let's cover new ground well I am I'm trying to establish with specificity the things that he had done to entertain or be entertained prior to May the 30th 2023 I'll try to move through it quickly sure well uh that's already part of the record in terms of his prior testimony and so if you want to link those things to those two things together you can do that dur an argument well uh so let me then let me discuss this you indicated that during the course of your explanation concerning the B Trip that Miss Willis p uh that Miss Willis paid you all that money back in cash remember yes sir now the ble trip had just happened hadn't it that occurred in March 18th 2023 right yes sir so you're filing this maybe two months after you have gone to B with Miss Willis correct again I believe all of this is I think I think he might be getting somewhere new we'll see yes sir so we've got the trip in we've got the trip in to B on on March the 18th 2023 you and this will is correct yes sir now two months later you file the interrogatories that speak for themselves that we've gone over a few a few minutes ago correct yes sir now the March the 18th 2023 to State the obvious is before March excuse me may the 30th 2023 will you agree with me on that I do okay so then you tell us that Miss Willis uh paid you in cash all the money for the entire trip that was a gift for you for your birthday correct yes sir and I'm sure you probably have the deposit slips where you took the cash and deposited the cash into your account don't you I did not deposit the cash in my account you don't have a single solitary deposit slip to corroborate or support any of your allegations that you were paid by Mrs Willis and cash do you no sir not a single solitary one not a one now um when Miss Willis would pay you in cash would you Scamp her down to the T ATM with her and as she Drew money out of her account to pay you these thousands of dollars Mr Gill Mike Scamper that there's been no evidence that uh Mr way does object to the raising the argumentative nature question all right uh on that issue over did you in this way Scamper down to the ATM machine and have her dry out uh for example on the bise trip just on on U your payment would have been uh $2,794 Miss wa CL yeah Pardon Me Miss Wade and I didn't didn't go to bise no I'm Excuse Me Miss Willis I'm I'm sorry did you go down to the ATM with Miss Willis while she Drew out $2,794 to pay you in cash that you do did she did you go to the ATM with with her no sir she didn't go to the ATM she carried the cash oh and so she would give you the cash did you have a little place in your house where you just stack up all this cash that you apparently got to repay you for these benefits that you bestowed on her Mr Gillan if I answered that I'm putting myself in jeopardy if I if I tell the world that I have cash someplace in my home don't you think that that could be problematic no I don't I want an answer as to whether or not you have a little cash board in your house where you have allegedly taken the money that you got from Mrs Willis and went and put it somewhere where'd you put it no sir now just put it on the hip and can I walk around money did I put it on my hip and and yeah just walking around money where you would spend the cash yourself let me finish did I put it on my hip in B and walk around with it when you got paid paid back would you take the money the cash that she gave you and would you just carry it around with you for spending money around town so we have to break down each trip because for example for the cruise she paid me the money before we took the cruise so I was here and I could put the money in my pocket or put it away wherever I wanted to do with it um other trips she would give me the money there so at that point I could either spend it or put it in my pocket or put it in the what there there's no special place that you would have all this cash that you would be getting from her that youve told us about that to pay back for the benefits that you have bestowed on her the only special place that that cash would have gone would have been to one of my children okay now are you aware um have you discussed these pleadings with Miss Willis no sir so there's been no discussion between you and Miss Willis about uh the allegation concerning the benefits that you have bestowed on her is that correctas benefits upon I don't believe that's an accurate reflection of the testimony I think over you can answer the question okay when you said proceedings are you talking about the divorce proceedings because we were talking about the interrogatories to that question the answer is no if you're at go ahead I'm sorry go ahead with your answer I want I'll hear the complete answer then I'll follow up okay if you're asking me about this hearing the proceedings of this hearing have we discussed the the financial piece based upon Mr Roman's motion yes so you have discussed the financial piece when did that where did that discussion take place conference room will you other people there or were you in this Willis discussing this about what your position was going to be Mr and the relevance has to do with with u suddenly we have a declaration from from Mr Wade In this case where he says roughly equal and then shows one alleged payment by Miss Willis no mention of cash none so I need to find out a little bit more about how suddenly we have this this Revelation about cash uh from the witness stand today overall so so we part company there when you say no mention of cash um if I provided one receipt that didn't amount to what you would think was roughly equal the rest of it is Cash well did you in your declaration sir it was filed in this case did you tell the court in that declaration that the expenditure that you had provided on behalf of Miss Willis was paid for uh back by her in cash yes or no I believe that I did when I said that the expenses were split roughly evenly if you could point to me any place in your affidavit where you use the word cash I would appreciate it take time I didn't use the word cash no sir no you didn't use the word cash did you but I didn't say that she didn't give it to me in cash um no you just didn't tell anybody that you allegedly got paid back in cash right no I I I told everyone who asked today yes sir now uh who else was uh was with you if anyone else when you and Miss Willis were discussing how you would be handling the financial component of the motion here today that is the personal benefits the relevance of that M well the relevance is if they know that they're going to be called as Witnesses they've been subpoenaed and they are discussing what they're going to say we need to know that the court needs to know that it goes to the veracity of Mr Willis and Excuse Me Miss Willis and Mr Wade we didn't discuss how we were going to handle testimony my my question was when you were discussing with Miss Willer in the conference room when you were discussing what uh you perceived to be the situation concerning the the the benefits for the payments yes sir was there anyone else present no sir how long did the meeting take probably five or 10 minutes did Miss Willis tell you what she was going to say no sir did you ask her whether she had any with uh Bank withdrawals that would Corr aborate the uh the assertion that that she would uh pay you back in large sums of cash for these these trips to the Caribbean bise California on and on and on your honor I the prb when the last relevant suggestion was made was that Mr Gillan needed to know who else was there these could be potential witnesses that he could cross examine that that question has been answered okay I think it's still exploring possible bias or motive to shape his testimony so over on that ground thank you uh now now Mr Willis uh excuse me Mr Wade when uh you were having this discussion did you ask her did you ask Miss Willis do you have anything to support uh these cash withdrawals no sir did you ask her um where she got the cash here this this is the conversation I produced my credit card statement that showed what m Miss Merchant in her filing was representing that was the conversation oh okay so when she would pay you back in cash were you aware of what her financial situation was do you know what no sir I object to the relevant well your honor is relevant because U we've been uh bombarded with the book find me the votes in which uh what's it issue is the financial benefit and if that plays a material interest in a actual conflict of interests so I think that's relevant thank you now uh have you read the book find me the votes I have you have I have okay now now in that book Miss Willis uh is telling the authors U uh about how financially uh uh destitute she was or kind of hitting down on on on the bottom as she was running for da you remember that part of the book so let me qualify the response i' I've read the the the book in in parts I haven't I I I hadn't had the time to sit and read the book in its entirety did you read that part about how she's telling the authors about how uh little money she had and how her financially she was in bad shape prior to when she was running did you did you read that part no sir did you ever have discussions with Miss Willis about her uh financial situation which was U which was u in in apparently in rough shape prior to her being elected da no sir Miss Willis made it clear that her financial business was just that it was her business I I I know nothing about her financial status I know nothing about how she was beiring before or after the election or even now I know nothing about her finances telling that she didn't sh share that with you but chose to share it with the authors of a book that's been uh published and printed and sold nationally I think that's a fair question for cross I I I don't know that she shared it with the author I don't know that the author is telling the truth I don't know the author so I don't know sir okay now did you give an interview to u to the uh authors of that book I've given no interview sir you so he haven't talked to them at all correct I haven't talked to any media all right none uh now as it relates to the I'd like to though as it relates to again from your from your bank records that you're aware of there'll be no there'll be no cash deposits right I didn't say that are there cash deposits which line up with the money that you have allegedly received from Miss Willis to quote pay you that for her part of the trips so so here's the thing in my bank records you will see cash deposits you will see check deposits I can't say that you look through the bank records and you won't see cash deposits because I have two sources of of income sir I income comes from my private practice my firm and income comes from the the contract here with with Fon County um during the course of Private Practice occasionally I will have occasion to deposit cash into my account and in preparation for this hearing and your testimony did you go through your bank records to find out if you could locate any cash deposits that would corroborate your your testimony no sir I I I didn't go through my bank records at all now um so what you would do the money that you received of course the money that you receive from your work for fing County that's public funds correct no sir that's private funds that's my public funds pay you to do work for fing County correct tell me what the definition of a public fund is a public fund would be funds as a not fund but funds money public money as and money from taxpayers by in Fulton County or the state of Georgia pay you to do the work that you're doing here in this case yes or no one or the other I'm certain you know which one is the case I don't know which one no sir now those you would take those public funds and those public funds were then used deposited in your account and they were then used to pay uh for the on the credit cards for the trips that you would take with uh Miss Willis correct I object to the question far far as the characterization of public funds the witness didn't testify to that I don't believe there's been any evidence to that once it's PID to wa it's private funds the point of it is is that you got money Mr Gill's rephrasing yeah I'll let's break it down you got money from folon County for the work that you do here right yes sir you would send in invoices and they would pay you money correct yes sir those money that was private money that money was money from I the citizens of Fon County or from the state of Georgia correct that's what I mean by public funds agreed I guess I'm having trouble with the the the the notion that this the citizens of Fon County have paid me any funds I'm not certain the funding source I can tell you that either the state of Georgia or Fulton County has written me a check so that would be those two entities are public entities correct yes that would be public funds right right yeah yes and that those public funds are from the same source that you would then use to pay out uh on your on your uh your expenses for the trips that you took Miss Willis on correct no sir as as I testified to moments ago I I have income coming in from my Law Firm I also have income coming in from the the funds that we're here discussing now from either the state of Georgia or fton County Andor both I'm I'm not certain what it is so to say so to say I didn't mean to cut you off go ahead so to say that I'm paying a credit card statement with funds coming from fton County or the state of Georgia would would not be an accurate statement because the funds could have very well come from my private practice what percentage of your income in 2022 came from money for your working on this case or from your partners working for the Fulton County office in 2022 I would I would say 5050 you think 5050 in 2022 yes sir what about 2023 probably 6040 6040 yes sir so the money that would be in those accounts at least 60% of those in your view would be public funds that those monies were then used to pay for the expenses that you had incurred for the trips that you took Miss Willis on the cruises the uh the Nappa valleys the uh the uh Bahamas correct right yes sir okay um and now what you what you did is that when you when you signed on in the in uh November uh 1st of 2021 that's when you signed on to be uh Council for the anti anti-corruption matters right yes sir now as you know in your engagement letter it doesn't say that you're signing on in your scope of work is to work on the uh the Trump special grandury investigation doesn't no sir it says that you're signing on to work on anti- uh anti-corruption the anti-corruption unit matters correct yes sir matters with a with a plural correct yes sir so in your contract there is no specific reference to any specific case isn't that right that's correct okay now um but you didn't sign on for the duration there was a period you have a contract and then it would then expire and then you would have a new contract correct yes sir now of course the the extension that you received the first one was in November of 2021 and then U you filed excuse me there was a renewal in in November the 15th of 2022 is that is that right sounds right okay now that was right after you got re reup by Miss will Willis right after uh you took uh Miss Willis uh to Aruba um isn't that right on that November the 1st 2022 trip to Aruba and through November the 4th 2022 correct what does reup mean well reup means that you came back your contract was up and then on November the 15th you and this will signed a new contract for you right yes sir okay now when you were in uh taking her to uh the Aruba and on the on the cruises and the excuse me the resort there did you discuss your reuping U the signing an extension on your contract no sir but you make an excellent point um I'm I'm glad you pointed that out so the the the the trip to Aruba the the contract was not in existence then you're saying so you're saying that you were not under contract and in your contract did you send any invoices in for work that you did after your contract your first contract expired no sir you didn't no sir no when that expired that was it so then you're saying that after the Aruba trip you get reup with a new contract correct I sign a new contract yes sir was there any modifications on that contract did you get um an extension on the cap that you were limited on the first one were there any modifications at all Mr Willis excuse me I've done that again I I apologize I I've been called worse I'm sorry U I've been called worse um um now there any modifications on that um do you do you have the contracts in front of you where you could I don't have it in front of me but I think that uh because I believe as the work gradually um as the time of the work gradually increased the the hourly cap would would increase in other words starting out um starting out the investigation it was impossible to anticipate um the level of cooperation from during the course of the investigation from some of the witnesses so if you assume that there would be great cooperation um with the witnesses um in terms of uh interviewing and speaking and being voluntarily speaking with you it doesn't take as much time um so after getting into it realizing that most of the witnesses um were not willing to speak or willing to turn over evidence or information um quickly you figure out that this is going to take a little more time than originally anticipated and because of that you have to uh compensate for for those hours and that's why there was a compensation on your extension the the Caps the cap now did Mrs Willis excuse me uh did Miss Willis review your invoices with you when you would submit them never uh did anyone ever question whether or not you work 24 hours in one day and build 24 hours in one day I've never worked 24 hours in one day and build 24 hours in one day okay and I'm glad you asked me that question because I I'd like the opportunity to talk about that I think you should go ahead so if you look at that invoice where where it says 24 hours in one day it it actually doesn't say one day if you look at the top of the invoice it says date completed the date that's reflected on that invoice reflects the date that the work was completed it doesn't say when it started it just says this is the date that it's completed so if you go through the invoices probably around the first five or six you'll see that that's the billing format I would build only after that particular task has been completed that's why you see a 24-hour period with the one day there I kind of wish some of the experts who woulded on that had called me and asked me the question but there was never a billing of 24 hours in one day now probably around the sixth or seventh invoice you see the format changed I started using a range so that it got less confusing right I'm confused so maybe you can correct it okay um in in exhibit uh 14 you've got a you've got that down uh a specific day mhm prepared cases for pre-ra November the 5th 2021 24 hours at $250 an hour 6,000 now this wasn't about this wasn't about a range it was about the work that you did on November the 5th Mr Gillan look at the top of the inv where it says date completed what I want you to do Mr Wade is focus on on the date that you have down there and tell the court what you build for on November the 5th 2021 I thought it was already in I thought 14 14 is in again Mr Gillan it says completed date date completed the dates that you see here are the dates that that work was completed so on November the 5th I completed the task of preparing the cases for pre-trial that's the date I completed it it took me just read if you would then my question was read out loud the entry for November the 5th 2021 and how many hours you build that day just just do that for me if you would I can't do that excuse me I believe the WT is entitled to answer his question that cly wasn't question all right well the question now is to read a certain entry so I just read into the record Mr Wade on November the 5th 2021 how many hours did you Bill the citizens of Fulton County for on that day just read it out please I completed the task on November 5th 2021 24 hours was build at $250 now when you were you talked about your relationship with uh Miss Willis and your testimony is that it began in 2022 you remember that testimony no sir our Rel relationship began in Ro your romantic relationship began in 2022 is that sir that your testimony yes sir okay now when you were Reed on this contract you had a romantic relationship already established with Miss Willis yes or no in 20122 yeah read up on November the 15 2022 you had a romantic relationship with Miss WIS I signed a second contract yes sir answer my question please on I'm not going to use the words reup signed up um on the we reup or whatever you want to call it your contract on November the 15 2022 you had a a romantic relationship already existing with Miss Willis yes or no I signed the contract The second contract yes sir during the course of a romantic relationship yes or no you had romantic relation relationship with her at the time that you signed up the extension on November the 15 2022 yes or no the answer to that question is yes thank you now uh the this was before the special purpose grandury uh uh released any uh any a report isn't that correct correct are you asking me if it's before the work was completed or before the the special purpose grand jury actually released publicly released the report when they released the report your relationship with this with Miss Willis already existed when the special purpose grandury released its report correct at the time the report was released yes sir but you understand that the report had the the the work had been completed prior to the release of the report you understand that and uh you your relationship with Miss Willis of course was prior to the indictment in this case correct yes sir de honor if I may just ask uh my uh folks over here whe there's anything I need to clean up on that's all the questions Ron I have thank you well I think we went through I asked permission he was going to go first on this and I follow go first that's what I thought I all right let me I would with the understanding next time we're going to keep going in order and then skip around the order all right that's why I brought it up okay all right um Mr s I'm going to try to keep my questions very specific yes sir okay yes sir and I'm going to also of course try not um to go back into specific questions that have already been asked okay yes sir when did your relationship with Miss Willis end 2023 can you give us an approximation of not by date but my month uh summer 2023 um forgive me I'm I'm a man we don't do the date thing um summer 23 I would say June maybe okay using the euphemism personal relationship did you have any personal relationship at all with Miss Willis after the summer of 2023 I want to make sure that I'm answering your question are you because let me let me rephrase if I might the way it has been characterized in for example the response of the state and I believe in your affidavit is there's a difference between a personal relationship and a professional relationship correct yes sir okay I'm not talking about a professional relationship I'm talking about personal relationship have you had a personal relationship at all and you know what I mean by that after the summer of 2023 are you asking me if I had intercourse with the district attorney I was trying not to but I I guess the if you're going to characterize it as that the answer would be the answer would be no so it's been purely professional since the summer of 2023 so so that's where we're having issues um okay I you'll have to explain because I don't know what the issue would be no I I will explain to you um you say personal um we're very good friends probably closer than ever because of these attacks but if you're asking me about specific intercourse the answer is no how about if I change it from intercourse to romantic no okay during the direct examination you made a statement at least I believe I heard it correctly that you personal relationship and now I'm talking about that characterized the sexual romantic relationship was not a secret is that correct wait if you're asking me if people knew that we were having sex no they didn't I'm asking you whether the people knew that you were dating whether you were romantically involved you said that it was not a secret oh it wasn't a secret it was just private my my my mother knew obviously okay did anyone in the district attorney's office that has worked on this case know that you were dating or had a romantic relationship with district attorney Willis I don't know what they knew well did you tell anyone no do you have any knowledge of whether Miss Willis revealed it to anyone I have no clue okay so as far as you know as far as you know from personal knowledge no one in the DA's team knew correct that's correct okay so if it was a legitimate relationship is there any particular reason why it was Kept Secret or private wasn't kept secret it was kept private and the purpose for that was it's what we chose to do I'm asking you why though not just because you chose what if you're dating someone why keep it private so two reasons the first one is and I want to say this respectfully in the right way um there are some people or in the public eye who just don't like it don't wish to be there um I have tried to have lunch or dinner with her publicly and I can't count the number of people that would approach the table or would accost us as we're trying to walk into a restaurant and just have lunch or have a meal um it is not secret it is private we don't want the world the world uh asking questions or or interrupting that time so we weren't trying to keep anything a secret Mr s um there's nothing secret or salacious about having a private life nothing I'm not suggesting that there was I'm asking the questions when you went on the various trips that have been outlined by both Mr Gillan and by Miss Merchant did anyone in the district attorney's office know that the two of you were traveling on personal trips together to my knowledge Mr sow no and again that was for privacy according to your testimony privacy yes sir okay did you and Miss Willis go to the Hapeville condo prior to your relationship starting the beginning of 2022 prior to having physical contact prior to having intercourse did we go to the hatville condo again you keep going to intercourse I'm trying not to but fine the answer to that my question would be yes did you you and Miss Willis go to the Hapeville condo prior to what I want to say November 1st of 209 2021 yes okay and the purpose for going to the Hapeville condo with Miss Willis prior to 2021 would have been what or prior to November 1 of 2021 could could have been any number of things because at at that time at that's what I'm asking to tell me yeah could have been any number of things because at that time um she had a friend living in that condo Miss Miss Yi lived in that condo okay it maybe it was my question was poorly worded let me try again your answer is yes prior to November 1st of 2021 you would have gone to the Hapeville condo and been there with Miss Willis correct yes and you would have been there as you indicated for many reasons right yes can you give me just list a few of the reasons Miss yuy resided there went to visit her um maybe went to talk about uh a document that I received um you would go to the condo to talk about a document that you received absolutely okay go ahead absolutely any other reasons none come to mind none come to mine no sir and uh would you say that was frequent when I say frequent do you think prior to November 1st of 2021 you were at the condo more than 10 times no sir so it would be less than 10 times yes sir so if phone records were to reflect that you were making phone calls from the same location as the condo before November uh 1st of 20121 and it was on multiple occasions the phone records would be wrong if phone records reflected that yes sir they'd be wrong they'd be wrong okay did you where did you live during that time period the same place I live now which is not in Hapeville correct it is not in Hapeville it is north of Atlanta the city of Atlanta correct it is okay and the other any other reasons why you would be in the Hapeville area on multiple occasions prior to November 1st of 2021 let's see the poor experience is there I'm sorry the poor experience is there okay so that would have been one any other um yes sir the the airport is there airport in Hapeville yes sir Delta Airlines is okay headquartered there um let's see restaurants there yeah um if you have if that's your recollection that's fine I'm not asking you to try to remember everything but if that's okay um did you discuss your affidavit fil in connection with the response with Miss Willis no sir did you know a personal knowledge whether Miss Willis um reviewed your affidavit before it was included with the response I have no clue so as far as you know personal knowledge M Willis did not know what you said in the affidavit I didn't give it to her that's what I said you have no person knowledge no personal knowledge and as far as you know no one else has told you that she did or didn't I hadn't asked anyone the we we've kind of worked this up a little bit and the numbers could be off but according to our numbers um $10,000 give or take would have been reflected on your credit card statements in connection with things um of potential benefit to Miss Willis okay I want you to just to assume that of the 10 assuming that there was $110,000 that you had on your credit cards is it your testimony that Miss Willis paid you back $10,000 in cash not object the characterization of $10,000 for Miss Willis's travel I don't believe is an accurate reflection of what the numbers at least the summary that I've been provided by the defense think that's joint travel is that right Mr I'm sorry no it's it's it's not joint travel but all I'm trying to understand I'll rephrase because I don't want to get bogged down on specific numbers you would have received thousands of dollars in cash from Miss Willis correct yes sir okay and the thousands of dollars in cash from Miss Willis do you know not I'm not asking you whether she took it out of her pocketbook or she took it out of a suitcase I'm saying do you know the source of the cash just that out of her pocketbook yes sir you don't know where she obtained the cash I I didn't ask her and the whole time that you she was paying you in cash you never said hey why do you have this amount of cash W Mr Mr s out in my practice people come into my Law Firm all the time with cash I never question where they got it yeah but we're talking not about people that come into your Law Firm we're talking about the district attorney of Fulton County who I'm assuming re receives a paycheck she doesn't get paid in cash so just like you assumed I assumed she got it from her paycheck I don't know okay but of course it's already been and I'm not going to go back into it you've not seen any records indicating withdrawals of cash from Miss Willis at all why would I ask her I didn't ask all I said is you have it right no sir okay now can you explain why you filed for divorce one day after you were hired by Miss Willis you you filed on November 2nd of 2021 you're hired on November 1st of 2021 why this the day after you mean one day before so you filed for divorce one day after you were hired right okay I'll I I'll answer your question okay please so in 2015 um when my wife had the affair um we had a conversation that we would divorce right then again the better practice um at least for my children at the time was to stay in place until the youngest could graduate and matriculate into college we did that when she graduated matriculated into college at the time my wife had moved back and forth to Houston to Texas so she's in Texas we take our child off to college we come back to Georgia for a brief period of time divorce gets filed she gets served there we go now the reason that date was selected yes sir that's that's what I asked the the specific reason that that specific date was selected was because she was only in town for this is attorney why he decided to file and why do you have the right to object on his behalf for attorney plan approv because I'll make all right there we go uh and I believe that she he's already attempted to answer this question and there was no privilege raised so he's given a partial answer and now he's about to finish that so first of all I don't think it's covered by attorney client privilege and and I'll deal with that if you want me to but otherwise he's already answered part of it so he doesn't get to say now I'm gonna stop so well it was a long preface but I don't think it ever actually got to what might have been an issue there so if you can lay the foundation we'll deal with the objection okay take a step back okay you realize that an attorney client privileg is the privilege of the client correct yes sir and you in connection with your representation at least has been um profer to the court by Mr Bradley that it's up to you to decide what you want to what raise the privilege right yes sir it's not up to Mr Bradley yes sir so you have the power in order to get to the truth of the matter you have the power to wave the attorney client privilege do you not I believe that's an inappropriate question certain the privileg is there the whether he uses it or not it doesn't matter why Mr S I think if we're trying to get to the answer to your question let's figure out whether it covers the question you were trying to okay good to and your if I may finish and your position is you have no intention of waving your attorney client privilege correct that's correct all right so now um can you answer the question why you waited until November 2nd the day after you were hired by Miss Willis to file for a divorce I I can okay so again joyin had relocated to Texas and she had been in Texas for months she was only here for a brief period of time to drive my daughter's car back with her and when she came here to do that I was able to then get her served okay so your answer as to why you waited until the day after you were hired by Miss Willis on which would be November 1st 2021 to file the complaint for the divorce on November 2nd 2021 your testimony under this because your she was here wife was here was here but had not been here in October had not been here in September had not been here in O in August of 2021 she had been in Texas taking care of her a ailen mother and aging father so the first opportunity that I had after speaking with my lawyers to take care of that was the date it was filed and served because she happened to be here it had nothing to do with that was purely coincidental that contract I understand it's purely coincidence your testimony yes sir and understand that this was by agreement between between she and I she being my wife and I that we would divorce When the Children uh matriculated out and that uh that would actually have been an agre agreement attached to the filing um it became apparent that the agreement wasn't wasn't going to happen and things got a little contentious so that's when the the privilege will kick in and and I was forced to do it when I did it so if I understood correctly again you tell me if I'm wrong is it your testimony that your wife was not in Atlanta Georgia or the metro area throughout October of 2021 no in October in October of 2021 she was back and forth between here and Texas so she was at least on some occasions in the Atlanta area but that was during the time when we were working through the consent agreement that that fell through okay I think we're pretty far F on relevance the answer to the question about the timing of the fing understood M cross uh M where we going from here we're about to finish this area since I'm not going to be able to go any further about if we want to call the X we'll call the X for that purpose well we might have to disc discuss whether that's a collateral issue all together no I'm just saying if I didn't say we will but we okay all right so um you said that you were aware of the contracts that Mr Bradley and Mr Campbell had with the County District Attorney's Office correct yes sir and how did you become aware of those just through conversation they told conversation with who Mr Bradley and Mr Campbell so you were discussing matters with Mr Bradley which were not related to attorney client privilege correct related to the contracts yes okay but you were having conversations that would not even though if I understood correctly Mr Bradley was your attorney at the time correct at what time at the time that that Mr Bradley received his contract from fton County which would have been beginning of January or in January 2021 right is that the date of his contract pretty close I don't know what the date of his contract was but if if it it was after the date of the filing of the vorce then then then yeah I'm not talking about I'm not talking about after the date of the filing of the divorce it's been represented to the court that you had an attorney client relationship with Mr Bradley from 2015 forward yes correct yes sir that is correct when Mr Bradley received his contract with Fon County that was in 2021 correct I don't know we can prove that through other evidence but at the time that Mr Bradley was doing work for fton County if I understand you still had an attorney client privilege at least you're claiming one with Mr Bradley Cor correct yes so when you talk to Mr Bradley about matters with his contract in Fon County those were not covered by your attorney client privilege correct they were not okay and that meant that not all Communications with Mr Bradley were covered by attorney client privilege correct well both certainly weren't well but my question was not all Communications with Mr Bradley were covered by he said you've been represented to the court by the attorney client privilege correct those Communications were not so there were Communications outside of the attorney client privilege correct with Mr Bradley if you're asking me if I ever communicate with him outside of the attorney Cent privileg the answer is yes I communicated with him outside attorney CL privileg um let's uh finish this up and did you call it um Roman number four or just defense okay in defense exhibit number four and Mr Gillan went over with you your responses to certain interrogatories on May the 30th 2023 remember that yes sir not going back into those the words and the interrogatories are already in evidence so we're not going to do that but the ones that we've gone that were gone into there were two of them and your answer to both of those was none correct yes sir okay now on January 25th of 2024 yes sir you again were in a position that you answered those same interrogatories the two that we're talking about I can get specific if we need to but as long as we understand we're talking about the same two right yes sir okay and they are in defense exhibit number six and they are interrogatories number four and number five okay go ahead no I want you to be able to see it so it's a defense exhibit number six I don't does he have six up there I'm told I'm told that you have okay ah here we are okay you would agree with me that in defense exhibit number six and we're talking about interrogatories of January 25 2024 yes sir that as to interrogatory number four that's the same interrogatory same words that were in the interrogatory that Mr Gillan went over which was dated May 30th of 2023 correct yes sir and your original response in defense exhibit number six was none correct yes sir your updated response was the plaintiff declines to respond to this interrogatory and asserts his privilege pursuant to ocga section 24-5 505 correct yes sir you know that 24-55 breaks down into two two privileges right which is why I was specific I said I asserted the Privacy privilege well that's what I'm asking you but in your updated response there's no reference to privacy correct yes there is in the in the code section 245-5563 just go with me okay that code section says does it not no party or witness shall be required to testify as to any matter which may incriminate or tend to incriminate such party or witness or which shall tend to bring infamy disgrace or public contempt upon such party or witness you'd agreed with that right I'm not reading it I'm sorry I'm not reading it I don't have it in front of me if if I may M we can uh I can take judicial notice that is what the rule says if you want to ask him any followup questions okay thank you you are not claiming that your answer to number four interrogatory number four on January 25th 2024 incriminates you that is as in Fifth Amendment privilege right that's correct you're claiming the second part that it would it would um bring infamy disgrace or public contempt correct I'm object to that I think that's the whole thing that and also the witness doesn't have it in front of so don't times privacy over I'm claiming privacy the privilege that you make reference to is to infamy disgrace or public contempt upon the witness right or party that's the section that you were relying on correct if that's what it says yes sir I could show you but I I think the court has already indicated he can take judicial notice of the statute so assume that what I'm telling you was accurate okay yes sir okay uh how would an answer of none bring infamy disgrace or public contempt upon you so as I explained um indirect of Mr Roman's counsel um the minute she elected to intervene into my divorce proceeding I then started to understand the bigger picture which was that all the attorneys in the election interference case were colluding with Joy's divorce lawyer and because of that I said privacy I don't want my divorce proceeding to bleed into this criminal proceeding I just didn't want that so you raised a privilege if I understand that indicated that your answer would bring infamy disgrace or public contempt upon you right I'm going to object to the relevance of this ask answer s times Mr Z where are we heading with this um I I think I can finish that up by saying you didn't say none again you asserted a privilege correct that's correct okay and you did the same thing did you not with number five that's correct that is you didn't say none again right okay is the answer to the interrogatory number four that you have it in front of you is the answer none is that the truth the the the answer is to that interrogatory is as I placed it at the time I responded sir I'm asking the answer now is the answer to that interrogatory the answer the answer is still privilege so he's apparently electing to apply the same privilege Mr sow to that exact same question and I have a case which indicates that we can get beyond that if the court deems that appropriate and uh to what end H to what end we that the privilege actually does not apply and he he must answered the question and where does that give us even if he answers the question has he already kind of said everything he has to say about the nature of the relationship how long it lasted when it ended no I think it would prove I think if he is forced or compelled to answer the question he will either answer it falsely by saying none or he answer it truthfully by saying yes and then telling us what it is that's what I believe that's why I'm asking but the interrogatory you're referring to though the the question contained there two two interrogatories yes sir it's the entertaining one it's whether there were other relationships right with a specific language that's in the interrogatories sure haven't you already haven't we already covered that in all the other questions that we've had so far yeah but we have but again the court could if I could re require a compell an answer from him as to whether his answer would still be none then we would know whether or not he was telling the truth now if the answer is no then obviously there was a time in the past where he was not it simply requires him to now answer under oath what he refused to answer and claimed but I might suggest is a bogus privilege and that you can Pierce that privilege because it's a material fact in in connection with this case again it's a call that your honor makes I have case law that says you can do that but it's your discretion M cross you Mr stand now for several hours asked been asked and answered very um personal questions cover the issues Mr was making argument and this is proberbly an argument to make for the later to the court and not a question to so as I said it the only relevance these interrogatories have to this case really whatsoever would be as either prior inconsistent or consistent statements and to that and I think the question has been put to him again and again and again he's answered how he believes uh he felt his answer should be and and why he answered a certain way and as it goes to credibility I think at this point we're arguing uh waight and I don't I don't really see the the value in pushing this this issue further so all right well just for the record the case that I was going to refer to is State versus Wakefield at 324 Georgia appeal 587 and specifically see it would be 590 in which they talk about this specific privilege this is a uh 2013 case and then a footnote to number footnote three and footnote 3 says there are times when the materiality of the evidence outweighs the testimonial priv and it goes and explains what that is that's what I'm bringing and I see what you're saying that we could say that you need to answer the question regardless of the privilege you asserted at this point though I think we've covered that ground and we're ready to move on okay based on that I have nothing else thank you okay Mr mullik anything on behalf of Mr Floyd moving through defense Council no no no I'm looking behind you Mr mcoll on behalf of Mr Floyd he's elbow on you sir okay um Mr Cromwell nothing all right m cross thank you Mr Wade have you still got exhibit number 14 in front of you with all of the invoices I I believe I have them all all right so you were asked Mr Wade about um a couple of the invoice items and your testimony I think was that the percentage of income post special Council appointment in November 20121 the percentage of your income roughly after that time was about 5050 fton versus other income from your um law practice correct roughly yes ma'am okay sometimes more sometimes less yes ma'am all right how about your time I'm interested in the percentage of your time from SE from November 20 21 so let's say the close of the special purpose grand jury when it was dissolved in January 2023 you estimate for us the percentage of your time that was spent on Fon County Work versus other work oh gosh 99 one 99% of the time here in this building working on this case all right it was as I understood your testimony it was an intense period in terms of hours while that special purpose grand jury was meeting correct yes ma'am and uh who was head or manager of the election Integrity case during that time for the District Attorney's office I was you were coordinating the efforts yes ma'am and those efforts included not just the proceedings that were happening in this building correct that's correct um we don't need to go all through it but is your representation that 99.9% of the time let's restricted to 2022 9 9% of your professional working time was devoted to this case yes ma'am and the remainder whatever it was was to some of your other cases that were ongoing yes ma'am all right 2022 I want to focus on that a little bit because if we are looking at I believe the financial affidavits you have those in front of you as well I do the financial affidavit that was filed in your divorce case in January 2022 you estimated your monthly income at that time was 14 ,000 a month right in 22 January 22 yes ma'am January 23 would that number comes to 9,000 about 2024 I I don't know is that there in front of you is that one that's not one of the ones that's there in front of you no ma'am all right so as reflected in those financial affidavits your income decreased as a result of your work in this case correct significantly the structure of your firm we talked a lot about that and I don't want to go through it anymore but uh then we need to but 2022 the structure of your firm changed is that correct that's correct in the early part of 2022 there were three of you you and Mr Campbell and Mr Bradley you split expenses is that right that's correct and you you profit shared among yourselves correct correct after Mr Bradley left the firm than there were just two of you correct that is the cause of the significant change yes ma'am so now you have two people bringing in income correct correct and one of those people you is spending almost all of your time devoted to um this election Integrity case correct yes ma'am and your income from this election Integrity case uh is less than what it was the year before yes ma'am we talked about the monthly cap or we didn't talk about it there was talk about the monthly cap that was included in your um contracts indicating there was a a certain threshold that you could reach number of hours a month and over that amount you were not going to be compensated correct that's correct all right and you kind of smile when you said that that's a little bit of sweet there isn't it that's bitter bitter all right exhibit 14 is that still there in front of you it is I want you to take a look please that's a collection of exhibits that includes all of your invoices as was represented I want you to take a look at invoice number nine yes ma'am that there in front of you I have it invoice number nine Mr Wade indicates that you performed hours of work that you were not compensated for because your cap had been reached yes ma'am want you to take up and what did you do in those circumstances when the hours that you worked per month were more than the cap the that was in your contract that you were permitted to be paid for I I was forced to to lose that time I didn't get paid for it okay and that's what exhibit number nine shows yes ma'am all right and in exhibit number nine you've got a task hours that were completed and you just didn't bill for it you noted the time and then a zero beside it because you didn't fill the county for that time yes ma'am all right what about exhibit number um invoice number 13 can you flip to that for me I have it is that a similar situation yes ma'am it is and what is it on exhibit I'm sorry invoice number 13 this invoice makes me cry there are so many hours here um that I worked that I couldn't I couldn't get paid for so and you work those hours anyway Mr Wade oh absolutely this is not the type of job that you could walk away from just because you're not getting paid for it I think there's some professional rules of responsibility to an attorney who's engaged in a a case you you have to see it through so it's not like I could just throw my hands up and say well I reached my my monthly cap I'm done I I can walk away I can't do that this this is ongoing it's constant and I have to do the work can you look at invoice number 23 for me there in exhibit number 14 yes ma'am does that reflect a similar situation hours worked that you were not compensated for yes ma'am invoice number 24 and 27 can you take a look at those and let us know if that reflects the same situation are you trying to depress me look at how the money I'm it's the same yes okay and there's no work around to that you didn't attempt to work around that that um contractual cap on your hours oh no ma'am all right you were asked a lot of questions Mr Wade about the affidavit that was submitted correct you recall those questions I'm sorry I'm stuck on this invoice you know if I was going to get a benefit I'd like that benefit that that's the one I want that didn't happen happen Okay and there was no renegotiating your contract um to reflect that those hours should be paid anything no ma'am okay all right do you have your affidavit there in front of you I do the Affidavit of course was attached to and provided in support of the state's response to Mr Roman's motion correct yes ma'am all right and you prepared that affidavit I did you signed that affidavit I did all of the allegations and the representations in that affidavit are true is that right Mr Wade every one of them every one of them you were asked a lot of questions about our line number 34 can you turn it out for me please it's on page four of that affidavit yes ma'am can you read it out loud for me please the district attorney and I are both financially independent professionals expenses for personal travel were roughly divided equally between us at times I have made and purchased travel for district attorney Willis and myself from my personal funds at other times district attorney Willis has made and purchase travel for she and I from her personal funds examples of district attorney Willis is purchasing plane tickets for she and I with her personal funds for our personal travel are attached funds Mr wave as you understand the term funds does that include cash yes does that include credit yes does that include um reimbursements yes you didn't represent in your affidavit Mr Wade that you were including all of the receipts from funds or uh travel expenses that were paid on your behalf by district attorney Willis correct that's correct you had I think your conversation with Miss Merchant was you produced the receipt that you had yes ma'am are you aware of any other receips I'm Mark St number one you testified Mr W that district attorney Willis purchased and funded the entire trip to B that was her treat to you for a birthday yes ma'am and you testified that she purchased the plane tickets for you correct yes ma'am and while you may not have had the receipts on hand when you filled out the affidavit they wer your possession are you aware now that there are receipts and um that it reflects that the district attorney I've got a do you remember Mr Wade approximately how much that's do you remember how much the flight was for you your flight to and if you don't I'm not tendering it for I'm just asking you to take a look at that and see if that refreshes your recollection as to the amount that that plane ticket cost that was um Extended by District sh you may keep it does that refresh your recollection Mr Wade it does thank you approxim how much was the amount of the ticket that district attorney Willis purchased for your travel to days $887 and 35 C and I'm not tendering at your honor but I will leave it with the court reporter for all right Mr Wade your testimony here in court today and consistent with your affidavit was that the personal relationship I think we called it dating today as well the personal or dating relationship between you and the district attorney began sometime in early 2022 March I think was your testimony is that right yes ma'am and that March date isn't included in the affidavit the affidavit is is less specific but that was your testimony today yes ma'am and that there was no personal or dating relationship prior to that time right no it's way I'm sorry I'm going to direct your attention to 2020 in 2020 were you dating the district attorney no 2020 that was during the co pandemic correct was uh was there a situation for you Mr Wade that made you particularly uh vulnerable during the co period yes ma'am and in 2020 um and a portion of 21 I was battling cancer um and that prevented me from pretty much leaving the leaving environments that aren't sterile and I just I had health on my mind you're particularly cautious during that time yes ma'am were you dating anyone in 2020 no ma'am all right thank you Mr Wade that's all I have Mr recross on those points only yes thank you all right Mr Wade um the state asked you about how much money you're making Now versus before and you said you're making significantly less since you've started working for Fon County correct well I I I I did say that but what we're talking about is because this the now at this point the splitting of the financial obligations in The Firm are now there are two people carrying the weight of three so that would scale back on the amount of income right amount of profit well you're splitting the profits 50/50 though instead of 1/3 correct the the profits yes okay so um but you did testify that you making you're making significantly less now we heard about it for a few minutes significantly less now that you work for fton County right yes okay um would you agree with me that $236,000 is more than $184,000 absolutely would you agree with me that $262,000 is more than $236,000 absolutely um all of these years despite you saying that you were a three-way partner with Wade and Campbell and Bradley and now a two-way partner with Campbell all of your corporate tax returns are filed in the law firm of naan Wade though correct my returns yes ma'am yes for your Law Firm well for my Law Firm because I also have personal returns great and I'm not talking about your personal returns I'm talking about your business returns yeah but but the the question contemplates that my my bring home money is more or less so I want to be clear that is reflected in my personal returns I didn't ask you anything about bring home money though I'm not sure what you're talking about what I'm talking about is your question was the portion of my testimony dealing with earning significantly less money no no my question is during and let me I'll just break it down during 2019 you filed your business returns I'm not talking about your personal your business returns for the law firm of Nathan Wade only correct I file personal and business yes ma'am and even though you said you were partners with Bradley and Campbell later on you filed your business returns not with them but as a solo practitioner correct ah I see what we going there's a different return for that Wade Bradley Campbell entity and I'm not asking about that what I'm asking about is during the years 2019 2020 2021 and 2022 you filed a business return for the law firm of Nathan Wade yes ma'am and in 2019 you said that the law firm of Nathan Wade made 140 $184,000 correct no I I don't I don't know uh is that does that does that sound familiar does that sound about like what you made in um 2019 and reported on your taxes as a business L if that's what's on the return yes ma'am you're right okay and I'm happy I can bring those up I've got one copy I'm not on for tax returns but okay all right may I approach judge thank you so in 2019 gross profit for the law firm of naan Wade is $184,000 correct let's see the second line number two gross profit yes ma'am 184 824 yes ma'am okay and then in 2020 you also filed Nathan Wade attorney at law and your gross profit was $230,000 correct yes ma'am in 2021 you also filed attorney at law and your grow profit was $236,000 correct yes ma'am and then in 2022 you filed as a solar practitioner Nathan Wade and your gross income was $262,000 correct yes ma'am I'm not going to um but nowhere in these documents that you receive cash payments from this well as correct I don't I hadn't looked through them I would be surprised if it if there were something in there that said that do you want to look through them listen to the answer I'd be shocked if there was something in there that said that I received some cash from Miss Willis okay but there is um itemized expenditures for travel in here you did itemize that I didn't itemize anything my account your accountant itemized it I hope so but you're responsible for your taxes even if your accountant files them right I agree um and so you itemized your expenses for travel on all these you did not itemize you didn't put anything in there about you being reimbursed for half of that travel well those are those are business returns yes you use your business card to pay for the travel right but I I wouldn't put a personal expense on a on a business return but you use a business card to pay for these I use I use a business card to pay for everything and what I do is turn over the statement to the accountant and the accountant then says okay this expense that's personal we'll put that over here this expense that's business we'll put that over here and they reconcile it so you wouldn't find a reimbursement from Miss Willis on a business return okay so they're not anywhere there nor would you find well go ahead I'm just asking so there's no there's nowhere for any of that cash to be reconciled there right on the business returns no ma'am okay um we talked a lot about the the financial affidavits I know the state asked you a couple questions about them you filed one in um 2022 in that one you stated that you only had $5,000 in Cash correct I believe you yes ma'am that was sworn under oath at the time of the filing yes ma'am okay and then in January of 2024 you filed another one that also swore that you only had $5,000 in Cash correct at the time of the filing yes ma'am okay so in 2022 and 2024 you only had $5,000 in cash at that time yes ma'am at that time um and then you also all of those interrogatories I'm not going to go through them in pain sticking detail but every single interrogatory you filed there four of them all verified ones every single one you said you didn't have any cash stored in a safe a safety deposit box or any other location plff rarely carries cash if plff does carry cash is a nominal amount correct that's correct Okay so we've got what 2021 you said you don't have cash 2023 you said you don't have cash again in 2023 you said you don't have cash and then in 2024 you don't have cash right so so you're assuming that I I received the cash and I stored it I received the cash and I saved it what's wrong with receiving what's wrong with receiving the cash Miss Merchant and spending it nothing's wrong with it but you didn't that would contemplate why the response is what it is on the interor so you spent the cash that's because before when when it was asked you said you didn't want to disclose where the cash was no no no no no no for privacy reasons no well I said that if I were to store cash in my home then why would I share that with the the world is what I said I didn't say that I had some cash stored up in some place because that's not the truth and you've talked a lot about this um I split with a third I split with half um from let's see from the check you received from Fon County July 15 2022 so back all the way back for July 2022 not a single check that you've received from Fon county has gone into a joint banking account every single check has gone into your own personal banking account correct all of them with the exception of the checks that were going into the WBC firm went into my business bank account which is solely in my name right your business your your WBC account that you're talking about that account was closed though in June of 2022 correct so so after June of 2022 was put in a Nathan Wade bank account not a corporate bank account with Partners I think the the question right before that only needed a yes or no so so so no ma'am the the the checks were deposited into firm accounts Law Firm accounts law firm of Nathan Wade PC yes ma'am as a solar practitioner yes ma'am okay so they were not deposited into accounts with Campbell or Bradley no ma'am they were not however ever there were checks written to Campbell and Bradley that will reflect the third the third the third and we've tried to get those bank records but you've objected to those correct you've tried to get what bank records we subpoena bank records and you've objected to all of those rightor I'm going to object to the relevance it's relevant if he's saying he has all these records but yet we've tried to get them and he's trying to keep them from us but he doesn't bring all of the records and you can make an inference if he's there's a there's a law that says you can make an inference if if some documents are within the party's control and they won't provide them that there's an inference that they're not positive Moss your honor there was no obligation for Mr uh way to produce evidence that Miss Merchant couldn't find it admissible way to produce uh I believe it's irrelevant we've covered the ground and I I OB question all right I'll uh sustain that M Merchant let's find some new ground here okay thank you um are you willing to wave your privilege with Mr Bradley so that he can test I am not willing to wave Attorney K privilege okay thank you on the question the health questions that were asked and I can ask you from here very I don't want to get into the type of cancer I don't want to get into the medical condition itself did I understand you to say that you had cancer in the year of 2020 yes sir and you explained that because of that 20 you were kept yourself in a sterile environment that's tried yes sir now what about 2021 2021 just focusing on my health trying to get back to myself you remember I asked you some questions about pville yes sir in the condo yes sir and you indicated that prior to November 1st of 2021 you have spent time at the condo the C the cville condo yes sir with Miss Willis right yes sir and with someone else you said Miss YY Miss YY yes sir okay so you were not concerned that was not a sterile environment was it are you inferring that Miss YY and da Willis is not sterile of course it's a sterile environment it's it's a a condo but don't you remember then I followed up and said where else might you have been to show your cell phone records from hatville and you said the airport mm right not a sterile environment though the airport you agree it is not okay what about restaurants not a sterile environment right they are not and the Porsche you said something about a Porsche What Porsche experience that doesn't sound very sterile to me is that a sterile environment you're inside your vehicle yeah but don't you mingle with others you can yeah and you were doing all that in 2021 before November 1st that's that's what you testified to correct yes sir so there's no reason why you couldn't be dating in 2021 is there you mean 2020 Mr s down no say 2021 all right cor dating no no reason no reason got thanks right Mr Gillan okay Mr stock St stock excuse me just real Brickly said you started early 2022 and you also use the term personal relationship uh and there was no dating no personal relationship prior to early2 is that correct help me understand I want to make sure I answer you so so let let's let's be clear 2022 was the start of any intimate sexual relationship with the district attorney okay and that's what I was okay Aid use the term personal relationship got it today you use the term dating and your testimony today is that that includes the term basically physical or sexual or intimate relationship is that correct yes sir and there was nothing according to your testimony there was none of that prior to early that is correct that's all got all right not seeing anyone else Miss cross any redirect all right Miss Merchant can witness be excuse we ask keep after all right all right you may sit down Mr Wade and uh please don't discuss your testimony with any other Witnesses she mentioned subpoena judge let me just say this that was an an inference made that I was somehow evading uh Service uh of a subpoena we can take that up I don't think we need to have it on the record of this heing understood thank you all right Miss Merchant any other Witnesses yes we would call Bonnie all right let's cross you I am going to Adu and remove to the um motion attorney there's been now of testimony from W I don't believe that there can be a showing for the need for the district attorney to testify as well um for all of the the reasons that were cited in the state's motion to CAU initially it's a tremendously High burden to call opposing Council I don't believe it's been met particularly given the k nature that would be um the subject of of personal details thatwait all right Mr Merchant why what do you think you can establish and have through the testimony of M Willis um and let me put let me start there conflict in the evidence judge um now that how Mr raid has testified there's conf multiple different issues all different issues the first one is a reimbursement issue cash um that open the door in and of itself as as testifying um what's what's the conflict there um that he testified that that he didn't have receipts but we don't know if Miss Willis has receips so that's one issue so we don't we don't know so there's no conflict we just don't know okay so that's a question not a conflict but what what else is a question so and there's a lot of different issues with different reasons um the first one would be the receipts um you know whether or not these cash payments if there payment receipts um the B Trip whether or not she paid for the entire thing in cash um way doesn't that couldn't remember a lot of things he couldn't remember so now he go Tois unfortunately um that he testified that she insists on paying her own way gave him some cash that's the quote some cash um Miami trip she booked it the prod it balance out um a couple other trips that we didn't get any information about Tennessee Alabama Georgia all of those um could be Financial benefits we don't know he didn't know could was very vague about that um y the best friend testified that it happened in 2019 and now Mr wave has testified that the a relationship began to become romantic in 2022 I think so that is a conflict in and of itself um right there that's a big conflict we've also got um more receipts um but the the biggest thing about the conflict is when the the relationship started um he said he talked with Willis in the conference room after we filed our motion um he specifically didn't use cash the term cash in the affidavit but he told anybody who had asked about the cash um and he specifically discussed this Bri and the response we have a right all right so you've highlighted the areas you'd like to go into uh I think the central question may be what is it other than I'm just really curious what she has to say you have to put on the record and so that's that's what I'd like to go through Miss cross I think you've identified Miss Merchant hasn't hasn't inconsistency to you she's identified areas of inquiry the testimony and the record from Mr Wade is not inconsistent it's unrebutted EXC and so that I I I don't believe given the testimony of Mr Wade and the extent of the question of him that there is any reason at this point to go into the district attorney herself again I I know the courts read all the pleadings it really is such a compelling need is the language of the case law a compelling need to call opposing Council given the record that's now before the court I don't believe it's honor very briefly this uh Willis needs to testify uh her best friend or good has directly contradicted the Declaration that was made by Mr Wade attached to the government's response and wasn't just the Declaration of Mr Wade was filed by the district attorney by and through her her uh her assistance here she owns that and so that affidavit is owned by her and and there are deep concerns that that affid is false and that Miss Willis knew it was false and that she needs to come in here she wants to tell us about the cash first time we've heard about the cash oh yeah we got cash uh don't have any deposit slips don't have any record of it maybe Miss Willison say here all my records where I paid $10,000 in cash back uh to Mr Wade we need to know that also uh Miss uh uh M W's uh Financial disclosure we let's not forget that we're talking about two people who went to extraordinary lengths to hide their relationship to hide the nature of their relationship extraordinary the district attorney needs to take the stand and she needs to tell this court and this court run why she filed Financial disclosures in 202 identifying prohibitive sources which Mr Wade clearly is a prohibitive source did you get gifts and benefits now we've seen all this we've seen the trips we've seen the all of the things that that total up to around $10,000 in cash yet on on the for the financial declaration for 2021 which was filed in April of 20122 and the financial declaration for 2022 which was filed in April 23 there is no listing of any uh any gifts whatsoever over uh over $100 from a prohibited Source it cries out for her testimony she needs to be able to get after and say why didn't you tell uh on the disclosure form so that people will know the nature of the relationship between prohibitive sources and the public official in this case the district attorney happens to then make a decision to hire someone that ends up being paid hundreds of thousands of dollars or his firm and him and none of that is revealed and the answer is oh it's unrebutted he's explained it's all in cash let her get up and let's and obviously you know we are Advocates on in our position but that explanation of cash does not pass the smell test or the straight face test she needs to go on the Record She F this motion with his declaration we've seen what happened here just two or three more sentences we need to to have the full picture as we've gotten through Mr Wade of his false interrogatory serious business for a lawyer or anybody and then suddenly he's changing it she files her financial declarations same problems we need her in here to go over all of this and to explain exactly what happened is ask the court uh that that the court allow this to be called and interrogated on and I will to your honor just a moment Miss Willis uh so miss cross I don't know if you want to speak with Miss Willis now it's sounding like maybe they're withdrawing the objection to the motion I believe the motion to or or is Miss Wills want to take the lead here the motion to FL Miss Bas on the okay so the um position of the district attorney at this point is that she's no longer uh contesting The subpoena Miss Merchant is called her as the next witness I would ask um I need three documents in front of me and there the three filings of Miss Merchant does anyone have the three filings of Miss Merchant does the court have the three filings of Miss Merchant when you say the filings you like the pleadings the pleadings yes your honor okay I think we could locate those for you the second I want the one filed on January the 8th the one filed immediately after we filed ours and the final one if you want to take a break to get them I can make a copy I think we have one you know the only copy I have is going to have my notes on it so if we don't have a clean copy have a minut break all right I'll who's did we elect someone who's actually making the copy you got it okay this cross do you swear me your honor never would like it goty let's let everyone get situated and then we'll go back on can all right we are back on the record Deputy Scott if you could swear in our next witness and I do apologize Anna District district attorney py F A ni I last name is Will um Miss Willis when how did you know to come into the courtroom right there there were people I was pacing in my office okay and and um I heard someone yell this testimony is done um it only made sense to me that I would be your next witness and I've been very anxious to have this conversation with you today so I ran to the courtroom so as soon as um you heard that Mr Wade was done testifying that's when you just assumed you would be the next witness it only makes sense um did you listen to any of the tesy it I've been in my office ping ma'am um did you listen to any the arguments I did hear the arguments this morning it's ridiculous to me that the you lied on Monday and yet here we still are and I did listen to that argument um um all right so that was it just the argument no testimony right I listened to the argument this morning where Adam AB body I thought did an excellent job pointing out how dishonest you were with the court on Monday and um I'm actually surprised that the hearing continued but since it did here I am great um so let's talk about first let's just talk about what you did in preparation for today um did you meet with Mr Wade at all once the once the motion was filed did you meet with Mr Wade and talk to him about the motion that I filed to disqualify you on January this first January motion yes I don't know if you can say talked about um I probably had some Choice words about some of the things that you said that were dishonest within this motion so I don't know that it was a conversation as you know Mr Wade is a southern gentleman me not so so much okay but my question was did you have a conversation with him I didn't have a substantive conversation you did not I read this motion skimmed it more so and um I've probably said some Choice things to him about some of the lies they were told okay and then printed in the media because you know we used to be in a day and time where you had 60 minutes and people did stories and they verified information um and you had this great report but it seems today that a lawyer writes a lie and then it's printed for all of the world to see well I just want to make sure that you answer the question I asked so so my question was over Mr um I told you what happened I read the motion I am sure I told him what my opinion of it is okay and past that we had no substantive conversation you did not okay is there something you didn't understand no I just wanted to make sure that that okay you did not have a meeting with him in the conference room to discuss the motion next question M mer so in the in the conference room of my office within this week you produced some Financial document that Financial document was given to me some thing and I'm not even sure who's giv it to him by me or Mr abadi gave it to me um and I think he showed me a document in our conference room but as far as a substantive conversation I would not have I don't believe I've had any conversation with him that is substantive related to this okay um I have had conversations with him um since you filed the motion but they wouldn't be substantive to this he sent me uh very nice uh sermons that that have been done and so we've had conversations about did you listen to that sermon you know things of that nature and I would say they were in relationship to this because I think he did it to be kind okay um let's start back in 2019 so um um you and Mr Wade met in October 2019 at a conference that is correct and I think in one of your motions you tried to implicate I slept with him at that conference which I find to be extremely offensive I stayed at that conference Mr Wade was my teacher I did not meet him when he taught the class I was standing outside talking to Lisa Reeds who is a judge me and her were just having a conversation Mr Wade walks up I think they hug each other they have some brief conversation she introduces us kind of ask ofch so I the I I'm able to explain my answers I believe she's able to explain her answers that's M mer that's okay I can hand it Miss Willis I'll ask you just listen to the answer or excuse me the question and keep the answers confined to the question as best you can I think you'll have more than enough ample opportunity on uh when the state was a highly offensive when someone lies on you and it's highly offensive when they try implicate that you slept with somebody the first day you met with them and I take exception to it all right well Miss Willis she'll have the opportunity to explain all that when is the state Serv to ask more open into questions M Merchant thank you judge um so again my question was you all met at that conference though right we did the meeting he as I stated he taught the class I did not actually meet him when he taught the class I walked out of the class and I'm not sure if it was that exact class or we had went to lunch but we were standing in the VES like outside of the class me and judge Reed were having a conversation she had worked at a law firm I worked at back in 1996 we're getting way a far I mean I don't mind her explaining her answers but I literally just asked if they met at that conference explaining how she met Mr W which was exactly the question asked by Miss Merchant his answers are more than appropriate um Miss Merchant if you want more concise answers perhaps you could lead the witness I will thank you judge um isn't it true that you met Mr Wade October 2019 the point be treated I think we I very much want to be here so I'm not a hosle witness I very much want to be it's not so much that you're hostile Miss will it be an adverse witness your interests are opposed to miss Merchants Merchants interests are are cont contrary to democracy your honor not to mine all right let's can keep things moving m m next question please um Okay so we've confirmed when you met um after that isn't it true I I need to explain this and I think I get to explain my answers when I met him judge Reeves introduced us he handed me his business card I'm unsure if I handed him my business card but we exchanged information he said if you ever need any help give me a call and he walked to the parking lot um so after after that you started dating shortly thereafter correct a lie that's one of your lies okay um do you know Robin YY I'm I know her as Robin Bryant I I knew her uh so Robin did not go to my college she went to the College of uh I went to Howard University she went to Morgan State uh I met her through some people I knew um in college we hung out a bit not much because she was in Baltimore and I was in Washington DC um but we hung out a bit after college I lost contact with her I probably didn't see Robin again until maybe 7 or8 years ago a chance meeting here in Atlanta but we did not have a consistent relationship from when I left college and came to Emily Law School here in Atlanta but I 8 to 10 years ago um just by happen stance I ran into her she was in Atlanta you have been friends with Robin for 30 something years did you hear my answer M yes and I'm asking if you've been friends with her for 30 something years I've known her for 30s something years we certainly hung out and party together in college um she was from the DC area she would come home we party together uh wasn't close but she was certainly in the girlfriends that partied together um and then like I said I ran into her about 10 years ago in Atlanta Georgia so but we didn't talk throughout that time period I didn't see her I didn't even know where she was when I ran into her I was surprised she was in Atlanta and so yes I have known her probably since 1990 1991 but we have not maintained consistent relationship that holds on for the last 10 years or five whatever you'd like to classify it as have you been friends with her I have not spoken to Robin in um over a year I certainly do not consider her a friend now um I think that she you know there's a saying no good deed goes unpunished and um I think that she betrayed our friendship so let's narrow it down the timeline now so my questions are going to be from the time period of 2019 until she no longer was employed for you the last time you all talked so all of my next questions are just focused on that time frame okay yes ma'am up until she left her office yes ma'am um during 2019 you all were friends correct yes we knew each other in 2019 during 20120 you all were friends correct we were we knew yes we were friends during that time period during 2021 you all were friends correct yes okay and such good friends that when you needed a place to stay you asked her if you could take over her lease that's you did not move into her apartment but that's not the way you characterize it as wrong I asked if you asked if you could take over her leas I did not ask if I could take over her Lea did you move into her apartment I I moved into her condo in April of 21 the circumstances around that were that Robin met her husband they wanted to move into a another and separate place she wanted to get rid of her condo my father was living with with me at the house because of this case and because of my stance on gangs my life was being threatened regularly my father urged me to leave our home at the same time as luck would have it Robin wanted to give up her lease because she wanted to move in with this new man she met who eventually became her husband and so as life circumstances work my dad was begging me to leave the house he was afraid for me afraid for his grandchildren she wanted someone to take over her lease so that she didn't you know have to pay a fee or get abandoned and so I don't remember when probably March or April of 21 I move in and take over her lease and did you pay her her or did you pay the um leasing agent I don't even know who the leasing agent was I paid her you paid her did you pay her cash or did you use card um there were times that I would give her cash and there but mostly I paid her via cash app that would be the most convenient thing so I would not only give her her rent but then like when the utilities would come in whatever the utility was she might be like I need 70 bucks I need need $100 whatever it was and um we never had a problem with money I whatever she told me it was I never asked to see a bill I never questioned her I just gave it to her what um what percentage would you say you paid cash versus cash app oh most the the vast majority was Cash app I I don't know what percentage I'm not going to guess that but the vast majority was Cash app but there would be times she would say you know this bill came in at 70 bucks here go 70 bucks um did you have a monthly rent amount that you paid her I can't remember the was $14 $1,500 I can't remember what it was and it would vary which I I don't understand to this day but like I said I I never questioned her when did you she said it was that's what I paid when I abruptly moved out in February uh either late January or early February of 22 of 22 February 2022 is that what you said January February of 22 I I believe it is January but um I I paid her half the rent of February of 22 is what I remember and um cuz I was offering to pay the whole rent even though I didn't live there I didn't think it was right um and she I didn't I ended up just paying her half the rent um so that's after you moved out you said you paid her half the rent okay and um the time that you said you had to move out of your house because you were scared um did your dad stay there at your house I was my father was concerned yes we were both concerned okay but he's he remain there my father's 80 years old he would have been 79 he was scared to death of Co you have to go back to when was my father's an older man um I wanted him to move out we had some discussions about him moving out and what he decided was the risk of covid was more dangerous than the risk of the people that were threatening um typical man more worried about his daughter and his grandchildren than his own safety uh you'll get to meet him and you'll understand he doesn't scare too easily so your grandkid or his grandkids were living at the house as well at that time well I don't know how old your children are but when you have adult children they leave and they come back they leave and they come back so they're have been periods of time that they're there they come they do whatever they want to do children do what children do as long as their mother has a house they'll come to it unfortunately now the threats because of this case have gotten so extreme I just pay a mortgage and no one lives there um and that's what I was going to ask you so when you moved out in I think you said April 2021 you left your dad and your two kids at the house and my two kids were not at the house they were not okay so they didn't still live at your house my youngest daughter certainly did not live there my oldest daughter would come back and forth I can't say month for month when she was there when she was not there I know that she has been there um post me moving out at this time no one is at my house okay so at some point after you moved out for for the safety reasons your at least one of your children did come back mer can we get two the relationship or the financial benefit um so um let's see we were back at 2021 so you were still friends with Miss YY then um were you also friends with Mr Bradley I don't I've never been friends with Mr Bradley you've never been friends with Mr Bradley no I don't um I don't consider us to be friends I certain I don't dislike Mr Bradley but I don't consider us to be friends um is he someone that you would have in your phone and you would message with uh I might have text messaged him okay um would you text message him and Mr Wade on the same conversations I don't recall doing that but if it happened it it wouldn't surprise me okay so that that wouldn't surprise you the three of you okay how frequently would you think that the fre ofie would have text text not very I wouldn't think very often but you're asking me to recall I don't even know what time period you're asking me to recall but I I'm not going to speak to that because I just really don't know the answer to that so I don't want want to speculate as to how often that would happen um but it's not out of my practice to text two people on one text message so if you told me that happened and showed it to me it wouldn't surprise me although I have no recollection of it but there would be some Rec record of it in your phone or the phone records would have some record of those texts cor um talk about you know you said that sometimes you paid Miss YY cash um I when you went Sor when you went on vacation with Mr W um let's let's just go one by one let's um let's start with the first one what's the first time you went on vacation with Mr W I think the first time we went on vacation was around April of 22 and it's a vacation is a stretch but I'm trying to be comprehensive um I recall April of 22 his birthday is March the 18th um so that would have been his 49th birthday um I took him to like Tennessee for the day I think we went to a museum I think we might have stayed the night I'm not sure but I mean Tennessee is kind of hard to call a vacation but I just am trying to be inclusive and it like I said I don't think I know it wasn't more than a day um she didn't spend the night I think that we did that's what I'm telling you I think that there's a possibility that we stayed that night in April of 22 who paid for the hotel I think I did it was his birthday um and would you have used a credit card probably maybe a de and um you all start when did you start dating when I started dating Mr wave it was right around then um April 20202 22 yeah it was around I don't know like you know it's not like when you're in grade school and you send a little letter and it says well you be my girlfriend and you check it I don't know the day that we started seeing each other but it was early 22 is my recollection okay early 22 and you all went to Florida on vacation as well I don't recall going to Florida on vacation with him you never went to Florida with Mr w we went to when we went to get on the cruise ship we went to Miami okay that's the only time that you went to Florida with him I think we went to Miami and spent the night that's my recollection okay I think we spent one night so that we wouldn't miss the ship that's my recollection you paid for that hotel in Miami I don't remember that and how'd you get to Miami we would have flown and we've done that so that I'm clear we've done that twice I think one time we stayed and I honestly can't tell you did we stay when the ship left or did we stay when the ship came back I also can't tell you so there's two cruises out of Miami there's one that's in that October time period that was with his mom and then there was another that was a New Year's Eve trip I know I paid for the New Year's Eve trip because the tickets were $6.97 each and I thought this is ridiculous that the tickets are $700 to go to Miami but when you travel during New Year's Eve you know they get you um so let's let's just back up and talk about the first time that you went to to Florida with Mr Wade um that was the time that you said you stayed in Miami at the hotel the first night that's the time I told you I am not sure so I'm not sure of two things so I want to make sure that my testimony is clear I'm not sure if we stayed in Miami on the October trip I'm not sure if we stayed in Miami on the December trip I just can't remember that and I also don't remember so that the record is clear I don't remember if the necessity was as we got on the ship or we got off the ship but I do remember there was a night spin in Miami because either whatever I don't remember but I think that there was a night spin in Miami that cruise is um the one that you took in October right ma'am I I if you have a something to refresh my recollection I'm intentionally trying to not be difficult with you but I don't want to make up something I know that on one of those two trips you stayed in Miami I am not sure right now you're asking me about oh I think I'm sorry you misunderstood I wasn't asking you which I was not asking you which night you stayed in Miami I'm asking if you took a cruise in October 2022 with Mr wake yes and his mom and his mother that's what I was asking yes is that the first time you met his mother yes it was on that cruise and that was Royal Caribbean I believe you to I honestly don't remember what ship I know we taken two cruises I don't know what the ships were um but he paid for the flight and the cruise on Royal Caribbean that time so yes he paid he is the original one that does it he has something called Mr Wade is a world traveler um I'm not as versed as him he's been the six of the seven continents um and so he has both a personal travel agent and he also has a cruise travel agent I don't know anything about either of those kind of travel agents so he is the one that would book the travel but we need to be clear when we're talking about just because he booked it doesn't mean like I don't consider him having taken me any place let me just be honest the only Point that's ever taken somebody someplace is for his 50th birthday I consider that I took him to beli and I took him to believ because um you know I don't want to discuss his personal business but I'm happy Mr Wade is still here with us and I did 50 big very big um so still on that October Royal Caribbean cruise um even though he had a travel agent I'm sorry if you do me a favor I don't know what cruise ship what time so if you'll help me and say October cruise with Mama or the New Year's Eve trip with his sisters I'll be able to we can communicate I just don't know what ship October cruise with Mama that's what I'm talking about he paid for the cruise and the flights for that trip so he called his Cruise agent and he booked that through them because he has a cruise agent right he also has a regular uh agent I don't know the cruise agent's name so I wasn't asking about his travel agent I was just asking paid for those he did not though because the reason I consider that he did not is I gave him his money back and I was about to ask that but initially he paid for that yeah he he called his Cruise agent like I think they have his card on record they do whatever okay so initially he paid for the cruise and the flight to Miami and the Royal Caribbean cruise and my understanding of that October Cru is like it was a package the lady did for him um so and I'll get to the reimbursements and all that I'm just trying to confirm he paid for the flight and the cruise in October and I think that when you say things that way I want this record to be abundantly clear that he calls his travel agent he calls his Cruise agent they do whatever he tells them he's like on a first name bases with these people they do it and then he tells me how much it is and I give him the money back I don't just like you're asking me about the money with Robin I don't do my friends like that so if you tell me it's a g then you gonna get $1,000 if whatever it is I didn't ever make him produce receipts to me whatever he told me it was I gave him his money back isn't it true that he paid for the cruise and um the flight on his credit card I'm not asking about reimbursement or after he used his credit card to buy the cruise and buy the flight correct I have no idea how he paid for it uh if it's a credit card if it's a debit card but certainly he called his a cruise agent you know like how many people have a cruise agent he calls his Cruise agent tells them where they want to go they tell them what's booked you have to remember he didn't just he paid for that initial was me him and his mother um and then after that cruise you all flew to Aruba and spent a couple days in a hotel there correct right and his mother was not happy paid for that he initially paid for that for Aruba yes ma'am so let's talk about both of those I know he initially paid for it did you pay him back for the cruise and for Aruba yeah I gave him his money before we ever went on that trip you gave him cash before you ever went on the trip mhm okay and so when you got cash to pay him back on these trips would you go to the ATM no lady you would not go to the ATM no okay so um fton County pays you direct deposit I yes fton County and the uh state of Georgia both pay me direct deposits okay so the cash that you would pay him you wouldn't get it out of the bank I have money in my house you have money in your house so it was just money that was there when you meet my father he was going to tell you as a woman you should always have which I don't have so let's don't tell him that you should have at least six months in cash at your house at all time now I don't know why this old black man feels like that but he does when we were growing up my daddy had three safes in the house so my father's bought me a lock box and I always keep cash in the house now I don't do it to the degree that my father would do it so he would probably be uh ashamed with me but I always have cash at the house that has been I don't know all my life if you're a woman and you want to date with a man you better to have $200 in your pocket so if that man acts up you can go where you want to go so I keep cash in my house and I don't keep cash as good in my purse like I used to um I don't go on many dates but when you go on a date you should have cash in your pocket so my question was where did that cash originally come from if it didn't come out of the bank cash is uh fungible had cash for years in my house so for me to tell you the source of when it comes from when you go to publ and you buy something you get $50 you throw it in there when it's been my whole life when I took out a large amount of money on my first campaign I kept some of the cash of that like to tell you I just have cash in my house I don't have as much today as I would normally have but I'm building back up now so you just put money in it's a very good practice I would advise it to all women so you can't identify when you came into this cash or where the cash C I didn't say I couldn't identify it no nobody gives me anything I am sure that the SCE of the money is always the work Sweat and Tears of me what you asked me for is when did the money go in there what I am trying to tell you is so I got divorced in 2005 from my husband and and no no no it's important you said where did the money come from and I need to tell you where the money came from and so for many many years I have kept money in my house that money in my worst days has probably only been $500 or $1,000 at my best days I probably had $15,000 in my in my house at C cash at all times there's going to be cash in my house or whatever I'm laying my head the money that you paid Mr Wade the cash in October of 2022 you do not know where that money came from I do know where it came from it came from my swea and tears you know which job it came from did it come from Fon County or did it come from a private job it came from I don't I'm not what are you talking about so it could have come for a private job because before I was Da I was in private practice so I earned money during during that time period that's probably a there it could have what do you mean I don't know where it came from I AB understand the situation we can move on okay thanks um same with Ruba you don't know where that cash came from either right ma'am you are mischaracterizing my testimony greatly um I'm not going to allow you to mischaracterize my testimony I know that I keep money in my house the amounts of money I gave Mr Wade it was never that serious I don't think I've ever handed him more than $2,500 in a reimbursement so we're not talking about 20 $2,000 in cash I don't have $20,000 in cash right now the most I ever gave him I know I gave him $2,500 when we went to B because we went to one um hotel and then we went to a second hotel that $2,500 I actually gave him while we were still in Bev I know that the Aruba trip the one that you described with his mom I think I gave him about $2,000 for that trip for like total is mom went to Aruba with you the Aruba trip so I consider that to be one trip so we got off of a cruise ship and then we went to Aruba which is why I cannot remember is that the time that we had to stay in Miami to wait for the flight for Aruba so I consider that one trip that we didn't like come back to Atlanta and leave we went we flew down to Miami we got on a cruise ship we spent a couple of days with his mama we came back to Miami when we came back to Miami either that day or the next day we flew to Aruba we spent a few days in Aruba and we came back that was really one trip that even though we went two places it was one trip um so let's talk about the California trip is that when you were moving your daughter out to California when you all went or did you have two trips to California my daughter doesn't live in California did she ever live in California I'm not discussing to you the location of my child um so how many times did you go with Mr Wade to California once and you all stayed in Napa Valley and he paid for the plane tickets in the hotel he paid for the plane tickets and the hotel um and what did you pay for on that trip I gave him much less cash that time probably $400 or $500 and then I paid for uh a bunch of stuff I think we did two different Wine Tours that you do which are pretty expensive um I think I bought him he likes wine I don't really like wine to be honest with you I like Gray Goose um I bought him a bottle of wine while we were there and the sippings that you do I can't remember how like four or five different places you go I remember we went to um to this place that they do pairings um that was the most expensive thing that I think that we did while we were there so they would pair uh they they would pair uh champagne chocolate and champagne chocolate and caviar it was a three and it was like three different things Sweden Russia someplace else I'll make that up but um that that was the most expensive thing we did that trip and I paid for I paid for that pay cash for us doing that mhm yeah I think I but I that trip did not cost me a lot of money I might have took like $750 in cash on me because we weren't gone very long and then I I'd only asked if you paid in cash I don't need know Emil when I travel I always say cash um and is the cash that you keep in your house or do you keep it at the condo that you were living in so at that point it wouldn't be at my house and I'm sorry if I was not clear the money would be wherever I laid my my head so I wouldn't leave the money at the house so if I was unclear no money is going to be where I stay how much did you pay for your trip to Panama to where Panama I believe I didn't go to I may have the location wrong I never went to Panama way went to uh Panama with his frat brother oh he went to Panama with his frat brothers so tell me about let's see so I want to make sure I've got them I've got B you already covered B you covered the so let me tell you our real trips in October we went with uh we went on the cruise with his mom we got back from the cruise with his mom and we went to Aruba I consider that one trip second trip New Year's Eve we went on a cruise to the Bahamas that's the second trip want to make sure I get this right third trip 100% on me I think he might have spent $200 on that entire trip uh we went to believe that was my trip that was you know his 50 and then Napa Valley we went around may I don't know the dates but it seems to me like it was close to Mother's day and those are the only trps um so that the record is complete I can remember one time driving to where were we South Carolina and we met my sister for lunch with her man um we didn't stay the I don't know but we didn't stay the night there but I guess people would consider that a trip if you drive somewhere and you come back that was insane cuz it was like 5 hours to drive we ate lunch and we drove right back um I can remember driving to some little town in Georgia I don't even know where I was um I had never been there before or after there's some boats you can get on over to and there like a slave thing if that gives anyone any reference we didn't do that um I remember doing that I remember driving one time to to Charlotte we had lunch with one of my very close girlfriends and again we drove to Charlotte met my girlfriend for lunch and drove right back so that's a trip we didn't stay the night there but I just want to be complete in my testimony we drove someplace had lunch drove back um I don't remember another driving someplace distant for um lunch and coming back to Charlotte to see a girlfriend to meet my sister uh in South Carolina we went by ourselves when I told you about that remote place in Georgia we could have driven someplace else and had lunch and came back but that's all that comes to my recollection right now there could have been another place we drove and had lunch my um security team was very clear to me I'm not to be out and about in Atlanta without them and so for me to do something just very normal that a normal person would get to do they weren't process uting this case I got to drive 4 hours to do it and that's what I was going to ask you your security detail did they take you to and from your house they take well so I haven't been able to enjoy my home condo I'm sorry March where you lay your head did they take you to and from where you lay your head 99% of the time would they take Mr Wade to and from wherever you laid your head that is never in the history of ever happened ever okay your security team has never taken him to from my house that's a lie if they've ever taken him any and I'm telling you that that's never happened so your security team has never taken my security team has never taken Mr Wade from any place where I have lived and brought him here never not once not ever have they ever taken the two of you together to where anywhere we've left this building and um for gone to lunch but I go to lunch so rarely that that is a very rare occasion I am sure sure and let me be clear it wouldn't just be Mr Wade so I'm sure my security team has taken me to lunch probably been a time I've left here 7 o'cl going to get something to eat and I don't even know that they would have taken him or if he would have driven himself but they've taken me to do that but we're talking very few very far in between most days I don't even eat lunch and when I do it's because my assistant has heated up some Bag something and I I eat through meeting and eat at my office it's not a practice of mine to go to lunch during the time period that you were dating would your security team ever take you two together anymore no never if there was a lunch that occurred that I just described if there was a meal that occurred that I just describe anything outside of that and it needs to be very clear not often once twice because I want to be uh over inclusive I'm saying once or twice I'm not certain that it happened but I'd rather be over inclusive with you so your office objected to us getting um Delta records for flights that you may have taken on Mr well no no no look I object to you getting records you've been intrusive into people's personal lives you're confused you think I'm on trial these people are on trial for trying to steal an election in 2020 I'm not on trial no matter how hard you try to put me on trial so my question was you have any problem object to getting any personal records of mine we're not dealing with privilege through a witness and I'm not no no no I'm not dealing with privilege what um we had offered to put them in camera for the court to review and I just want to know if she has any problem something to do with with a witness okay um you have to file as part of your job something called the income and financial disclosure report correct that's correct and you filed your first one so you filed two today is that right is it two or three three I probably would have filed 21 22 and maybe I haven't filed 23 yet CU isn't it due like June of the next year April I believe so you filed let's see you filed your first one it looks like April 15 2022 and your second one um April 17th 2023 does that sound familiar that I don't remember the dates but you're an officer of the court I'm going hope you're telling the truth now may I may I approach the witness you may thank you um I already gave the state a copy exib 20 and 21 if you take look can somebody bring me some yeah guys are getting a little old yes okay yes ma'am those are the ones that you filed this this looks like me for sure yes ma'am yes ma'am Jud we' move to admit 20 and 21 I think you need to delineate which one 20 is 2021 so it it accounts for the time period your honor January the 1st 21 through December the 31st 2021 that is defendants exhibit 20 um defendants exhibit 2021 it accounts for the time period January the 1st 2022 through December the 1st of 2022 all right any objection to exhibits 20 and 21 nope sorry from other Council admitted without objection yeah um when did your relationship your personal relationship with Mr ra our personal relationship ended in um this year so let's be let's be very clear so that we don't mix words I I don't want to mix words in here Mr Wade is my friend right now um Mr Wade I would say has been my friend since 2020 I think he started out as like a mentor and a professional colleague um he became my friend and somebody that I I really respected um I feel very indebted to Mr Wade uh for taking on the task of this job and um he is certainly my friend and one of the people that I respect the most um so if you ask about a personal relationship I consider myself to have a personal relationship right now Mr Wade I consider myself to have a personal relationship with Anna cross I consider myself to have a personal relationship with Mr AB body I consider myself to have a personal relationship with Andrew Evans I have a personal relationship with him as we speak right now I don't think that's what you're asking I think that's what you're asking when did your romantic relationship with Mr Wade end did it end me and Mr Wade um we are good friends uh my respect for him has grown over these seven weeks of attacks uh we are very good friends I think but for these attacks it would have been a friendship that as life goes you would have stopped having um I think that you have SE minute that we'll be friends till the day we die that uh let's we just have an answer to the question I'm can handle Mr s let's have she asked about a personal relationship she asked when the Romantic relationship ended that's the question it sometime in um I'd say late summer of 2023 so I don't believe men um what this what you're really asking about this is the salaciousness of all of this right I'm just asking about your romantic relationship when you stopped dating I I I think that me and Mr Wade so he's a man he probably would say June or July I would say we had a tough conversation in August so that men in relationships at the end of physical intimacy women in relationships when that tough conversation takes place and where um when did he come to I guess the condo I'm not sure what you called it condo apartment um would he come and stay at that condo or visit you there I'm sorry visit you there what condo what apartment I want to be clear so not your house I know you classified one as house and one as condo so I'm trying to use those terms there's been more see what you don't understand is because of this case I got to move and so I if you could ask a more precise question yes please give me the time period Mr Wade visits you at the place you laid your head when has he ever visited you at the place you laid your hand so let's be clear cuz you lied in this this let me tell you which one you lied in right here I think you lied right here no no no no this is the truth it is a lie it is a lie Mr say thank you we're going to take five minutes be back in five for the for [Music] for for oh for for for ready judge thank you we're back on the record before we proceed though uh I'll advise everyone here here um this being a room mostly full of lawyers who have spent their lives in a out of a courtroom we all know what professionalism looks like what decorum looks like and devoting ourselves to the rule of law and proper advocacy I would urge everyone to keep those principles in their mind starting with the fact that we won't talk over each other and from there we'll get through this Miss Merchant thank judge how often did Mr Wade visit you at a place where you were living between 2019 and 2021 so you want to start with the lie that he lived with me in in South Fulton in 2019 a home he's never been to that's one lie you told in your document no judge I didn't ask her about that um Miss Merchant I want you to ask a very precise question I think she's saying and answering that he did not live with her so why don't we we break that up into smaller parts and I I didn't ask about living but you put in your while we're talking about professionalism no while we're talking about professionalism she put in three different documents he live with me opportunity to respond filed that with the court in 2019 he's never been to South Fulton in 2019 I lived in South fton he has never been to my residence in 2019 ever not once in 2019 he's never been to your residence in any place I lived in my home in South Fulton before I started getting the threats that were here a house I paid for with my own Sweat and Tears I'm no longer able to live there but in 2019 I did and in the two months of 2019 that I knew Mr Wade three months the beginning of October all of November and all of December Mr Wade never came to my house in South fon let me help you out I live there in 2020 he never came to my house in 2020 let alone live with me as you put falsely in these documents in the first three months of 2021 when I could still enjoy my home Mr Wade never came to South Fon and it is certainly a lie that he lived with me so in 2020 let's so you said 2019 2020 did Mr Wade ever visit you at a place that you he has never been my home in South Fulton 2020 was before I knew that a phone call was going to be made and I was going to have to abandon my home as a result thereof he never visited lived at came to or has seen Southold you qualify that with your home in South Fon I'm that's where I lived in 202020 did he ever visit you at a place that you resided okay I don't understand you're going to give me guys in 2020 I lived in South okay that's the only place I lived in South Fon that's before I had to abandon my home judge right and at my home in South I never he never came there okay so if you don't come someplace you can't live there well that's I'm going to have to caution that's going to be my the first time I have to caution we have to listen to the questions as asked and if this happens again and again I'm going to have no choice but to strike your testimony so I need to break this down this Merchant's question I believe was uh asking whether you lived in anywhere other than South Fon I did not live anywhere but South fton Georgia in 2020 that is before I began my prosecution of this case and I it was my plan to only live in did Mr Wade ever visit you at the condo that you leased from Miss YY he visited that condo yes he did yes did he ever spend the night at that condo no just visited yeah but he did visit for sure did you ever go out to eat together other than the lunches you talked about during 2019 or 2020 I would think that we probably went to lunch but it wouldn't have been let me think 2019 I'm going to say I don't know I'm going to say we probably broke bread someplace in 2019 I don't remember it but it seems like we would have broke bread sometime in 2019 so I'm going to say yes although I have no recollection um but it seems to me like I I go out to eat and drink with pretty much everyone so I'm going to say yes so outside of the vacation that we've already talked about did you ever go out to dinner with Mr Wade I I mentioned to you that I object what time period we're asking very B questions I thought we were treating the witness as hostile under 611 no longer doing that so are we going to go back and forth we need to be more specific with our questions if we're going to treat her as hostile all right M Merchant it's not so much I think you can elect between leading and opening to questions but I think we are still wondering about and I think we need to get back on track of focusing on the financial benefit or the relationship and my next question about if you did go out to dinner who paid when you went out to dinner he paid I paid you both paid Okay so let me be real clear we didn't say oh the bill is $102 you give $51 I'll give $51 I don't operate like that with my girlfriends I don't operate like that with anyone he caught the bill I caught the bill whomever did you ever pay him through cash app no you only ever paid him through cash what yes we're talking about I'm very confused you've never given Mr Wade money through cash app no the only money you've ever given given him outside of a contract is cash I didn't give him money in a contract so that was cute but I didn't give him money out in a contract what happen it no we going to answer it since you said it he worked he worked more hours than he was paid and the county paid him for the work that he did so don't be cute with me and then think that you're not going to get an answer and I will ask you about the contract in a minute I asked you about cash did you ever pay him anything and I'm trying to qualify my questions not talking about the contract with Fon County that was paid I'm not talking about that I'm talking about outside of that did you ever pay him anything other than cash I've only given him cash a few times in in the course of what we're talking about go to let let her finish your answers if we would go to dinner I wouldn't give him cash cuz he paid for dinner or I paid for dinner I've given him cash only a few times in life probably four okay probably the most money I've ever handed him is $2,500 the least amount of money I've handed him probably between $500,000 you never wrote him a check ma'am I don't have checks okay um so you have no proof of any reimbursement for any of these things because it was all cash right the testimony of one witness is enough to prove a fact so my question tell is that what you're intimating right here I'm asking if you have any proof that you paid from any of these the proof is what I just told you you have no written proof is that correct so I have some um probably some transactions like in B I probably spent $500 on my card uh in B I spent 800 I can't remember 900 bucks on each of our tickets to go to bise I did the $700 I probably got some minor expenses in AR Ruba that would be on a card but for the most part for those trips other than so the two cruises I gave him money for those before we ever left um because they were preot let me answer well the question was if you had any written proof and so so I've answered you that I've had written proof we move to the next question if you've answered if you had any written proof and that was my question um I want to make sure that we're clear that for the two cruises I asked if she gave WR Pro we're not going to talk over Miss Merchant she answered your question so we can ask the next question Miss Willis Miss cross will have plenty of opportunities to let you clarify answers when it's her turn thank you judge knowing your role as district attorney you know that public funds are scrutinized and money is scrutinized in things like that you understand I'm sorry go ahead you understand you're under a microscope you have reporting requirements all of those types of things um you have no record other than your testimony of the money that you've given Mr W you've already asked that question let's keep going um when you took office you had a tax lean of $4,600 did you pay that with cash when you made that tax lean hole I probably pay through uh however you pay okay so but you were saying that you had amounts of cash you still had that lean in 2022 when you were getting weight and going on these trips so the cash that you gave him that could have been used to pay this tax lean off you going to tell me how to pay my bills object this is not relevant as it relates to Mr mer um if you are you trying to establish that she was insolvent in something way um I definitely was trying to establish that that she did not have these Mass amounts of cash that she's talking about yes all right ask re ask the question um you had a tax Lan in 2022 $4,600 did you say I did and you did not use this cash that you had to reimburse Mr Wade to pay that off correct no I went shopping too when I didn't pay it off and you talked about you gave you lot of interviews to authors B right I would not characterize it as a lot I probably have spoken to them two or three question as I I think it's already come up that finances are discussed in the book I'll overrule that thank you so you can continue your answer what came up with Mr Wade as hear statement that he was asked about in relation to what Miss Willis may may not have said in relation to an author so it's not relevant to the testimony that's curring at this time I think mer Mr Merion has said that inside the book she also makes statement as to her own finances and that's that issue so you gave interviews to the authors of this book correct once or twice okay and three times just to be comprehensive I don't know if it was three times two or three times I think you were quoted in the book and I will give you a chance to say if this is a misquote you were quoted I really when they asked you about if you wanted to run for office for da you were quoted I really don't want to be financially effed up again do you remember saying that so what that refers to so that my question first is if you remember saying that I remember saying something similar to that but I would like to be able to explain what that's in reference to that's not um in reference to anything else it was a huge sacrifice to be district attorney of fton County huge I was doing just fine I had a municipal court judgeship that was paying me hundred something thousand a year and like you got to show up twice a week easiest thing I've ever done in life I also had private clients that were um paying me to represent them so I was able to have a law practice and that um raising two daughters by myself there were times in life where things were hard and so I was telling people I don't really warm for VA I don't want to run for da I'm in a good position right now I got this easy job that I enjoy being the chief judge of the city of South Fulton I'm making money at uh the law firm and I'm not sure that I want to make this sacrifice and why does it always have to be me um eventually I prayed I think that I was the appropriate person I think that I did that so when you're referring to that what I'm saying is I why should I make a sacrifice again and what I was not talking about is being district attorney once you get elected district attorney you're you're in a fine financial position I make over $200,000 a year what I was talking about is I ran for judge when I ran for judge I took $50,000 of my personal money out of my retirement and that money ended up being lost and I know when you bet on yourself you're going to have to bet money on yourself and so what I was talking about was not wanting to go through the personal financial expense of running for office by no means did I think that I was going to uh be financially in a bad position once I won let's talk about what I was up against because it's important to understand that comment I had a district attorney who had been here for 24 years people no no no this is it's very relevant to what my mindset was about this so I'm trying to answer your question so what I was saying isor so a fin right but it is about my finances if I I didn't nobody put me in the seat so I had already run for office once I had spent $50,000 of my own money running and it was bamo nothing and so when I'm talking to those offers I'm talking about the contemplation of the sacrifice of the Run not the sacrifice of once you become da the odds were against me I was likely going to lose uh the election based on who I was running against so that needs to be in the the appropriate context isn't it true that the authors also wrote and you can dispute this if if you'd like um that you were broke after that race the 2018 race yeah that was that was a hard race I wasn't broke like I didn't have any so broke is relative to depending where you are but that hurt to lose that $50,000 so I'm sure my mental mindset was like I just gave 50, ,000 away right so they characterized it from their conversations with you that you were broke you had poured your own money into the campaign and you weren't able to pay your own bills because of your I'm sorry your clients couldn't pay their bills to you and you had a poultry array of family and asset forfeiture cases it says you were trying to make it month to month um is that an accurate depiction of your financial situation at that point I would want to read that but I I don't I don't remember clients not being able to pay their bills or approach you can't you may I have not read this book so so like this fact here her ex-husband Fred had run into a financial I have no information about that I didn't ask about that I just asked about if you were what they from their interview broke and that you had clients that weren't able to can you show me where that is because this is where you put the tab so that's where I read broke put it pay their bills yeah that that uh I'm sure I characterize myself as broke as leaving that $50,000 I don't know that I had a per nent law Breakers that part rep I didn't have M mer I I didn't I T I thought I had a law practice I so this is not correct I'm sure just I I I didn't have any asset forfeit your cases so I had one case where uh they had took one of my clients money at the airport that's I don't know if that's what they're care I don't know um ptry array I did have family law cases I guess that's what they're talking about and uh clients who couldn't pay their bills ain't clients so no so my question was just if this was a fair and accurate representation where it says you were trying to make it month to month that point no I don't think that that is actually a fair and accurate representation but I am certain that after the 2018 election um I'm still not really happy about having given up that 50,000 you know when you paid your tax Lan I don't you don't you know if you paid it I know I've paid some taxes I don't know I don't want to speculate um did you tell anyone at fton County Board of County Commissioners about your relationship with Mr Wade no did you disclose your relationship to anybody at fton County no I don't think so um and as the chief law enforcement officer of fton County I assume that you're familiar with the county code and or ordinances I've said we're not going to cover that this hearing Miss mer um I'm sorry George we we said we weren't going to cover the county regulations okay and I I won't um let me ask do this then so are you aware that you're required to disclose any relationship with someone that you contract with in Fon County object the fire ruling this morning would this be different because it's potential for impeachment yes what did you ask me I'm M Merchant if you could re ask the question okay um are you aware that Fon County requires you to disclose any relationship with someone that you're doing business with I'm not aware and I know often that time things are confused with State constitutional officers in County but I'm not aware okay so it's not your so it's your understanding that you don't have a duty to disclose the J answered that question let's keep going um did you keep track of this cash that you paid him at all what are you talk I don't understand did you keep track did you keep a ledger did you keep track of it so I've only given him cash as I mentioned three or four times there's no Ledger this is Friends handing money off to each other so the answer is no you didn't I think you've already asked whether there was any written proof whatsoever and she's answered that okay so we've covered this let's move on um who were you referring to when you suggested that Mr Roman's motion to disqualify was racially motivated we already said we're not talking about the forensic misconduct that's been alleged okay and okay and just so the record is clear I don't believe I said that his motion was racially motivated so I don't want that to stay there I've never said his motion was racially motivated so that that should not be true I think it would be best if we don't need to go down that road uh we're going to save that for argument um you once said that you would not engage with a personal relationship with anyone that worked for Fon county is that correct an employee anyone that worked for Fon County I think I said an employee okay so that's the qualification you give an employee you wouldn't I think that's the statement that I made so if you want to quote me quote me accurately so it's your position because Mr Wade was not an employee or it's your position he wasn't an employee correct Mr Wade is not an employee and he will tell you that over and over again one I'm sorry this statement just so I make sure I accurately quote you what you said was you won't work you won't sleep with people who work under you do you not consider Mr working under you I consider Mr way to be an agent an agent yeah and a point T is what I really think of him as your point whatever Merit it has uh Miss Merchant is on the record next question all right we need any moments in a minute Mr S no I'm ready to go all right I'm going to try to ask you questions that you can actually answer without having to explain okay yes sir my comprehension skills are pretty good so we should do all right we shall soon see if I heard you correctly you moved into what I will refer to as the YY condo in either March or April of 2021 is that correct sometime between late February and April yes I don't just so we're clear yes but in that time period you're you're in the ballpark we're in the ballpark okay and is that yti condo would you say that it is in Hapeville it is in Hapeville yes sir and you moved in there for safety reasons my father uh yes I moved in there my we were concerned my father was terribly concerned about me continuing to live at the house and it so that were clear people came to my house at 5:00 in the morning um about the police brutality cases saying I was going to have a wakeup call uh there were security threats due to gang cases and there were concerns due to the um that was at the very beginning of this looking into that and so for all of those reasons and what was happening my father wanted me out the house and um begrudgingly I left okay so the answer to the question was yes for safety reasons correct those were all of the things that caused the safety concerns I'm sorry I'm not questioning whether they are are not safety concerns I just asked that you moved into this condo y condo for safety reasons right yes okay at the time that you moved into the condo be it from February to April of 2021 was your father still living in your house right because my father that's all I ask you but I I get to explain the answer sir I don't know if there's an explanation if I ask you was your father still living at your house the answer is either he was or he wasn't yeah yes but you are going to get to argue at the end of this as we both know I'm not going to argue anything I'm going to ask to explain why I'm because my father is an older gentleman he was worried about Co and he stayed I'm going to have to say this second time whenever we have to put a pause we stop testifying okay you don't have a chance to explain yourself the question was whether your father was not staying there at the time and you're clarifying that in your answer as well you can have a brief clarification but it shouldn't be something that reaches well beyond the question all right Mr s we can re ask the question we'll see where it takes us okay thank you was your father still living in your house at the time you moved to what I would refer to as a YY condo yes sir he was due to his concerns related to co okay the safety concern concern was that there was potential danger at your house is that correct yes my address had been exposed so yes there was concerns about potential danger at my house okay so anyone staying at your house in the time period after you went to the yti condo was still in danger correct yeah what no no no he I think you have to uh it's your attorney Miss wellis um sorry Mr B your objection is speculation yes to the question oful whether someone was still in danger at her condo I can Mr wants to rephrase I was able to understand it I've got the objection and then I have I'll withraw the objection okay so and I'm remember the question so I can answer it well you you can now that the objections been withdrawn can you try to answer that question there's still a safety concern for people staying at the house I yes I was very concerned about my father still living at the house however if you have dealt with an older gentleman he was not leaving the house despite my urging him that I thought he should leave as well he did not want to leave the house cuz he was particularly worried at his age about covid but that became a I don't want to say a I was not happy with that decision of my father's but I can't ultimately make him leave and he stayed there too long in my opinion okay thank you during that period that you left to go to the yti condo did any of your children stay at your house so I don't um I don't think that they were there at that point certainly my baby wasn't there I'm talking about this entire period we're talking about if I remember correctly and you'll correct me I'm sure you said that you stayed there at what I would call the yti condo until January of 2022 correct yes okay so I'm asking you in that period which would be February to April of 20121 until January of 22 did any of your children stay at your house and you don't have to yell at me I'm able to understand so I would ask you to not yell at me that being said I don't actually expressly remember but I can tell you since I have left my home there have been times my oldest daughter came in but I can't tell you with certainty the time window that you've said if they did or not and so I don't want to speculate to that but there was some time that my oldest daughter came back whether it was that period or after I left the Yodi residence I'm not sure okay okay so the if if I continue to go into more detail on this you're not going to be able to give me an answer of whether or not in fact any of your children were still at the house or stayed at your house during that time period correct what I can give you Clarity of so that we are clear is from the time I moved out in February is of 2021 um after I left there there was a time period that my oldest daughter came back but if you're asking me was it in that window or after I just don't have a recollection of that cuz you know your kids come and they go and so I don't remember the specific time period I apologize for that did your children ever stay with you at the yti condo uh like maybe a night like for a girl's night or something but live with no okay did anyone else stay with you at the yti condo including Miss YY never miss yti never lived in the condo she met her husband and they moved they weren't quite married but they moved nobody ever lived with me in the condo that was a my word was my word was stay not live stayed with you at the condo I guess I don't understand the distinction but no one ever my I think my baby baby my oldest child I think she spent one night with me maybe my oldest and my youngest but I think that whole time I was in that place other than that one night I don't think anyone ever um there was a very lonely period in my time life I don't think anyone ever spent the night other than maybe one night I remember a picture of my baby sitting on the couch in that place and I'm thinking she spent that night but just a very lonely time in life okay we'll stay with the lonely theme just for a minute did Nathan Wade visit you at the yery condo from the time you moved in until he was hired on November the 1st of 2021 so I moved out uh of that condo but during that time period he yeah I'm sure he came to visit uh he came to visit I can remember us going I think the restaurants licky split I can remember him picking me up going look at he split and eat ordering some food and coming and sitting at my table and eating so I remember times that he visited me at that condo yes because you gave us an approximation of how many times Mr Wade visited you at the condo between the time you moved in and prior to November 1 of 2020 I don't think often but I don't I don't want to speculate can we say more than five more than 10 I'm going tell you the problem I'm having here let's say more than 10 but I'm not sure that that's even accurate uh he certainly has come and picked me up want to grab some food to eat I don't remember him being in that condo a lot okay that I don't I'm sorry you want a number and what I don't want to do giving me your your current and best recollection is all I'm asking for that's all I can give you sir how many times times did any of the prosecution team how how many times did Anna cross come to that condo between the time you moved in and November 1st of 2021 I don't think Anna's ever been to that t what about any other prosecutor that's involved in the prosecution of this case I don't think any of them have just Mr Wade that's correct sir but it was a lonely time oh my God that yeah that 2021 uh I have a lot of guilt about this time period in my life let me tell you why but yes it was a lonely time okay I was very appreciative to the citizens for giving me this responsibility and this duty but what I very very quickly learned is that this is a very isolating job and 2021 was a lonely time I turned 50 in 2021 that's probably one of the worst birthdays I've ever had spin it alone so I have a clear recollection of 2021 being Lon okay did Mr Wade ever come visit you at the condo the time period I'm talking about prior to November of 2021 When Miss yti was at the condo so miss YY and me were we didn't share the condo at the same time so the answer would be no well we never stayed there together so it's an impossibility it's an impossibility yeah okay now M so that m YY cuz we need to get clarification on this Miss Yi stayed in that place there may have been a time that me and Mr Wade visit like went and saw Miss YY but me and Miss YY never lived there together just so we're clear well maybe that was clear but I'm going to have to try again okay was Miss YY still living in the condo when you moved in not a day okay so what I'm another misrepresentation in this we never lived together I I never lived with Miss y my question though I'm trying to understand okay that after you moved in to the condo Miss y had been she was out of the condo right she got a house uh that's all I'm asking she's not in the condo she is we never stay Miss YY and I never stay a day together in the condo all of her stuff was out of the condo and all my stuff some of my stuff not all of it obviously was moved into the condo so we never stayed there together no sir all right so when I asked you about Mr Wade visiting the condo when you were staying there yes Mr Yi wasn't staying there correct that would be correct yes she wouldn't be at the condo correct no she would not have been it would be you and Mr Wade alone at the condo correct yes that is there weren't any other witnesses to Mr Wade and you at the condo correct yes no security none of your security details she said it was just her and Mr Wade you made your point Mr s let's move on to the next one Mr your honor who in the prosecution team prior to I guess the motion being filed by um defendant Ro Roman who in the prosecution team knew of your personal relationship and now I'm talking romantic with Mr Wade so sir I am extremely private oh I ask you who knew it's not if the answer is no one knew that's fine I ask you who knew answer it and then explain this well I am very private when I supervised Mr body and Mr McAfee they didn't know who I was dating but I can assure you I was dating somebody so that I kept something private that's my private life is not any mystery to anyone it it's it's it's like a a woman doesn't have the right to keep her private life private and I'm speaking on this because there have been all these in intimations just answer the question Mr well I'm sorry what was the question in your is there anyone else who knew about it and then you can explain I I don't know I don't think so I certainly didn't um go out telling my business to the world okay so the best of your recollection you didn't inform anyone on the prosecution team that the individual that you had chosen to lead the prosecution team had a personal relation ship with you is that correct that's inaccurate your question is inaccurate what cuz you you stated that the person I chose we had a personal relationship so we had a friendship we have to we have all these distinguishing factors remember when I chose him in November of 21 first of all let's get this straight Mr Wade was not actually my first choice that's no insult to him no no it is you because of the way you phrased the question you said when I chose him I didn't inform people of a personal relationship we have defined personal as romantic it is an inaccurate way to State the question certainly restated so it is very accurate okay and please do not yell at me you hired Mr Wade for the first time on November 1st of 2021 correct of 2021 yes sir your testimony is whether one accepts it or not your testimony is that at the time you hired Mr Wade there had never been a romantic relationship with Mr Wade before you hired him correct yes my testimony is that we were very good friends but not we're talking about a sex so let's just don't no I'm not talking about I'm saying romantic relationship doesn't necessarily have to be just sex it can be dating it can be holding hands it can be any of those things that one might call romantic I'm asking you whether or not prior to November 1st of 2021 there was a romantic relationship with Mr Wade that's very simple it's either a yes or no I don't consider my relationship with him to be romantic before that I'm not a handh holder so no that's fine now let's move Beyond November 1st of 2020 2021 excuse me I understand your testimony there was no romantic relationship ship with Mr Wade until early in 2022 whether it be January or February or March early in 2022 correct I will say sometime between February and April yes sir all right now I'm asking you about that time period when it became romantic okay thank you okay you didn't see the need if I understand to tell any of the people on the prosecution team when when you had established a romantic relationship with Mr Wade that the lead prosecutor that is the people the man that was basically giving orders to others was dating or having a romantic relationship with you correct I'm object relevance this point relevance it just to prove we're attempting to show that there is an issue on credibility about the relationship the failure to have informed anyone anyone on her team that she was having a romantic relationship with the lead prosecutor I suggest gives rise to that inference that's the Reb this the inference that the inference that that they were concealing this because it was not as it's been characterized to the court and then in fact it started earlier than what they say all right over Mr say down I just want to make sure they were're clear from at least 2020 me and Mr W friends at least that time period okay I'm not talking about so no no no I just I want to be clear because my credibility is being evaluated here right we were friends we hung out prior to November of 2021 in November of 2021 I hired him I do not consider our relationship to have become romantic until early of 2022 cuz I don't know what and time I'm saying sometime between February and April of 2022 and very early April of 2022 cuz I know that trip that I discussed with you was like the first week of 2022 that the relationship had become romantic I hope that answered your question but I can't have it where you know we're saying something differently all right so you've established the timeline as you put it the question originally was uh at the time at that time did you tell any other prosecutors on the pr I never tell people at work who I'm dating all right Mr s okay did you take any trips to DC with Mr Wade never did you ever did you take okay so do you have no what I would call personal trips or business trips to DC with Mr Wade I never went to DC with Mr Wade personal business otherwise never okay so I've never been in the District of Columbia with Mr Wade or Maryland Virginia the DMV as they called it so as I understand it to be clear any trips that you would have taken to C DC that that was a pretty clear answer huh that was a pretty clear answer she just said noce so do you have a variation or something new to bring up I'll ask it and we'll see did you take trips to DC that were non business during the time period that this case or this matter was under investigation I'm going to object as to relevance as it relates to the matter that we're here before your honor today well again the the question already ask is is a personal or business trips she said but I but that was with Mr Wade that was with Mr Wade this I asked her alone whether she took okay what's the relevance and what would be the relevance of that trying to understand whether or not we we have an ability to show a personal trip in which Mr Wade is there at the same time I understand her answer okay I understand answer but we have documents we have records that doc well this could be something that's maybe not part of the record yet but he has a I think there have been other things discussed in this case and they have evidence that Mr Wade may have been in DC at the same time if you want to ask about that exact specific date Mr s you can do that I would reference the court that that was not asked Mr Wade anything about any trips to DC sure and so that's going to limit its uh Merit and impact and on credibility so Mr I ask the question so I understand your testimony is you never took a trip to DC with Mr Wade that's correct personal or business that's correct were you ever in DC at the same time as Mr Wade on personal or business no me and Mr Wade have not been to DC at the same time however uh since Mr Wade has been on this case he's been to DC since Mr Wade has been onto this this case I've been to DC what has not happened is we have not been in the District of Columbia at the same time now the only thing I'm not sure about with what you asked me is have I been to DC personally because I got a lot of personal friends in that area but I know that I um have been to DC uh I did an interview at Howard University I went to DC for that seemed like I've been to DC one other time oh I went to DC for the global Summit actually yeah those were two separate trips my next question is based on her opening the door and therefore I'll just ask it and your honor can decide whether or not it's appropriate when you went to DC did you go to the White House I did not go to the White House no well apparently I'm going to get the answer anyhow there you have it next question okay you indicated your best recollection was that your relationship with Mr Wade the Romantic relationship uh ended um you left it at August of 2023 that sound right that's the hard conversation that's not the uh We've covered this next question and you characterize it as a tough conversation correct yes okay I'm not going to get into the conversation per se should well if he doesn't want to we won't go there so Mr SAR next question you know it's kind of hard to say no when you've got that opportunity but all I'm going to say is it was it pre- indictment in this case so we know the timeline that the indictment was delivered and so that we're clear the physical relationship ended pre indictment and is that when you were talking about the tough conversation but I the phys I'm not sure that the tough conversation didn't happen till after but the physical relationship so I'm sure if you ask Mr way cuz he's a male he would say we ended June or July cuz physical contact ended and just in my mind being a woman it's over when you have that like hard conversation that's I just think women and men think differently and I think the answer Mr s to your question was she's not sure whether it was before or after the indictment I'm not I'm not sure that that was her answer but but see if I can get specific that is what I said that's what I said I'll let you next question Mr St if you need to clarify want to say one more what the Romantic relationship ended before the indictment was returned yes or no to a man yes to a man yes to you no she's explained this Mr St down she's explained this and did the and the did the forthcoming indictment have anything to do with that or was it just a coincidence Mr let's go on and have the conversation I just asked you whether or not it was a coincidence had absolutely nothing to do with this it's interesting that we're here about this money Mr Wade is used to women that uh as he told me one time the only thing a woman can do for him is make him a sandwich we would have brutal arguments about the fact that I am your equal I don't need anything from a man a man is not a plan a man is a companion and so there was tension always in our relationship which is why I was give him his money back I don't need anybody to foot my bills the only man who who ever foot my bills completely is my daddy is there anything else you would like to add to that no sure but I'm sure we'll talk about it further no we're not going to talk about it further all right no back and forth Mr St down next question uh my next question is something that I would that has to do with the what I've characterized as the church speech let me just tell you what the question is because I know that's not preserve it for the record huh you can preserve the questions for the record but we then we'll move on that's correct thank you when you gave what I've referred to as the Martin Luther King weekend Church speech you know what I'm referring to a great honor of mine that's a historic African-American church yes I do okay did you have handwritten notes with you that you were reading from during the speech on second thought Mr s because you might have a number of questions about this why don't we just bullet point what you would want to cover on this to reserve for the record and then we'll move on to the next stop okay since I had laid out before that the forensic misconduct isn't subject do not get an answer for that that's okay did you read your speech well no Mr St for everything related to any for inst oh you just want me to stay out of it now we're just not we can do it in a bullet form if you just want to cover what you would have asked but it's not in a question and answer format okay so I should do that at this point or do it sure when you're ready we can do it right now so it's fresh I'm going to ask her about that she prepar the speech did she have notes on the speech did she read the speech um when did she do this when did she write the speech who was she referring to when she was talking about um others who was she referring to when she said they who she was referring to when she spoke in terms of there that is I would love to answer those questions well miss wellis um you can certainly do that in some other format but for today that's what we decided we're not going to cover who was she talking about that was playing the race card and why she didn't tell the people at the church that she was that she had had a personal slash romantic relationship with the I'll due respect the way it was characterized the black man that she was referring to and was the black man she refer referring to was that Mr Wade that's that area of inquiry noted for the record Mr s down next topic okay I realize that you've test that you have no records um that with regard to cash payments yes correct M would your bank records reflect that you withdrew cash from your bank accounts during the time period of 2020 2021 2022 or 2023 I'm not asking you I'm just asking whether they would reflect that you withdrew cash from any of your bank accounts so the exact amounts just you did of course I withdrew money throughout that time period throughout my life I've I withdrawn money from the bank yes of course talking about cash from that is that you go to a bank or you go to an ATM and you take cash out either that way or you go to publs and you overpay or you go to another store and you overpay so yes both through that yes of course of course they would reflect that at times okay and so those records if we had them would show that correct that throughout the course of my life I take out money I I was very specific I said of that time period I would have taken money out yes so do you have a problem with re absolutely yes you don't want the bank records to be made available for the court and the court Al I'm going to object as to the relevance and this has already been addressed earlier as it relates to other records improper line question questioning doing it for the purpose of harassment be perfect Frank I'm just going to sustain it on relevance Mr s that something you want to follow up privately you can do that okay last area briefly yes sir you had contact with Mr Wade in the year 2020 correct um I had some contact with Mr Wade would you expl when you say some contact please tell us the talking about 2020 I had some contact with Mr Wade in 2020 um one of the reasons your allegations are so Preposterous or Miss Merchants that you have joined is ma'am I didn't ask you about the allegations I ask you about your contact it's all I ask you okay I appreciate that that you want to say something but I'm interested in did you have contacts with Mr Wade in 2020 and your answer so far has been yes correct very limited contact because um Mr Wade had a form of cancer that makes your allegations somewhat ridiculous I do appreciate the characterization not going to emasculate a black man but I'm I'm just telling you I'm sorry what I'm not going to emasculate a black man did you understand that all right I don't think we should discuss further Mr s next question trying to your honor would you tell us on the occasions in 2020 that you had contact with Mr Wade I'm sorry I thought I had answered that yes yes sir there were times in 2020 I had contact but 2020 was a year I was running for an office it was a year that he was going through some serious medical issues and I did not have much contact but I certainly had contact with him in 2020 did you go out to eat with him maybe probably did you did you visit him in any location his office or did he visit you in your office in 2020 I am sure he I'm sure that's a very good question I'm sure he came to 750 in 2020 750 is was my office okay um not often but maybe once or twice maybe I went to his office once or twice but maybe once and the purpose for going to his office would have been what maybe we would have went to Mellow Mushrooms for pizza or uh maybe he would have come for lunch I'm sure we went by each other's office though but not often not a lot we we both grinding try to make I understand what you've said about the cancer and I'm not going into that but when you were going out with him to restaurants or when he would come to your office right those were not sterile environments were they oh very sterile because it was the restaurants were sterile environments a a lot of times we wouldn't eat there we would pick up something and go in but they were you I'm listen I'm listening to you you pick up and take it to where maybe eat at our office but it did not happen much that's what I'm trying to explain to you and my office in 2020 nobody was coming in I was Stir Crazy so I would still go into my office you remember when I started this I said I am not even sure if we came to each other's offices but I am trying to be over cautious so I think I can recall him at 750 a couple of times um I just think I can recall him at 750 once but let's say twice I have seen his office I remember all the awards in the lobby but I'm not sure in 2020 I I went I'm not even sure I went in 2020 at all I just want to tell you yes cuz I'm not sure but I I have a I have a distinct recollection of him at 750 I actually don't have a distinct recollection of me at his office in 2020 but maybe I went to his office in 2020 maybe did you have ongoing phone conversations during 2020 with Mr Wade oh yeah I talked to yes absolutely yes yes no question about that no question I talked to him on the phone in 2020 um I OD and this is I maybe I was confused the bise trip was for his 50th birthday his 50th birthday and that was in March he he turned 50 March 18th of 2023 if you look at the dates of the trip think we were there about six days um we stayed at two different locations um and you paid for it 100% he said not only I mean I paid for the hotel I paid for the flights I had a birthday lunch in for him I paid for massages I paid for everything and would those payments be reflected on your credit card cash you paid them in cash cabs cabs I was telling you all the different things I and I'm asking you whether or not those payments would be reflected on credit card bills of yours so there was about $500 that I think is reflected on a debit card I what my recollection is I took about four in cash with me today 400 or 4,000 4,000 I but I remember I handed him 2500 and then the rest was just the money we spent I probably gave 300 or $400 to uh this guy who was a taxi driver he would drive us every day around the two or three days we went took him to eat like it was my it was my trip money and you had to be clear to end this up the 4,000 that you've just told us but I didn't give it all to him remember I only gave the 2500 to him I didn't ask you that I was going to ask you that 4,000 is part of your my words cash hord that you had collected over time cash what hord h o rde e Oh I thought you said something different sir no I'm afraid I wouldn't say that any circumstances to you or in back on track but hoard cash hoard I would not classify it in that way but I have money at my house yes sir and the money when you had money at your house when I and I'm speaking too Loosely I had money wherever I was staying so I was not referring to my house in 750 I'm saying I had money wherever I was laying my head yes sir I that was my fault that I wasn't clear so when you were at what we said the YY condo during the time period we've always discussed that's where you would keep your cash when I stay there yes that's all I have thank you all right I want to see if we can get through a few more defense councel possible before breaking for today Mr Stockton Madam district attorney I'm Alan stocks and I don't think we've had the pleasure of meeting it's a pleasure to meet you sir um Madam da you described these various trips and U Mr sadal asked you about going to Washington did you and Mr Wade go to New York I've gone to New York um I've gone to New York twice um since I've been district attorney I'm trying to think of this two or three times I went to do a domestic violence thing there for sure and I was honored and I went to the Apollo there those are the only two trips that come to mind I went he was not with me you also said that he was a world traveler and been on many of the continents been to six have you been on any of those continents with him um besides this one uh where's bise what continent is it I'm not being funny I don't know let's say with the bise with him I've been to the Bahamas with him I've been with fuba with him don't embarrass me I'm not sure what continents those are on whatever continents those are that's where I've been I'm sure if I gave it some thought I would tell you but whatever continents those are that I've been to those locations sir but not Australia or any other continents I don't even want to go to Australia I do know he took a trip in December to Australia I have no idea you know I don't know anything about when Mr Wade began working with your office yes he had two other gentlemen that worked in his firm with him is that correct yes he uh Terrence Bradley worked for him and Chris Campbell worked not for him they worked with each other did you understand what their partnership Arrangement was I no did he M ever make you aware of how fees were divided or anything no now since you have been district attorney the two gentlemen that worked with Mr Wade and his firm they also had contracts with your office is that correct I've probably had two I don't we well I don't know if we've covered this to Miss Willis but I still don't know what the relevance would be of her testimony to this but I've had about 10 oh I'm sorry do you want me to answer let's figure this out judge respectfully I think based on Mr Wade's testimony he had an interest in those contracts sure and then but how's that been imputed to Miss Willis I I don't know if whether or not she knew she was giving him that benefit that's what I was trying to explore okay uh well maybe we can start with that question and then if she doesn't know about it then the ins and outs of all the contracts wouldn't be quite as relevant goes to lay a foundation for that though I I need go ahead the the two gentlemen that were in Mr Wade office did they have what I think it's been referred to as a taint contract so let me be clear and um I may get the names wrong when I first became da this the office was not properly staffed and so I did I'm surprised any lawyer would take it but I did a contract for like $60 an hour to help us out with first appearance that lasted a few months okay so I can't remember if Bradley or Campbell had that I'm sure we can have records and I can tell you which one but I just can't remember now um I like their experience one had been Bradley had been a probation officer and a defense attorney uh Campbell had been a police officer and a um defense attorney there's a reason I'm telling you this then um that that contract like I said it didn't last long it was just I was aggressively hiring hiring hiring hiring soon as I got where I felt like I had first appearance enough lawyers for that I let them go then we had what's called a filter contract but it was not filter for this particular case I do have a lawyer um who does the filter for this election interference case when we're talking about filter the contract they had that neither one of them has any longer um I now have another lawyer that does that for me it was only for police brutality cases it's for what I call the um so when I first got to be the da I had um the whole unit was called anti-corruption it dealt with both elections and police brutality cases I actually took a trip to Houston and visited the district attorney in Houston they divided their work up and I thought the way she was doing it was better than my me and so I I made a civil rights unit and so they did what we would classify as civil rights cases those are specifically the police brutality cases when I first took over I was told Paul had not filtered five cases that was a joke it ended up being the 101 cases they weren't filtered which is why I hired two of them eventually we got it down enough that it was one of them um and then um now I still have one lawyer that does it but now I've been able to cut those cases down to like 30 can you tell me the and help me understand what the purpose of the filter is yes sir so what a filter is is police officers make statements in the line of duty and you are not allowed as the prosecutor to know what those statements are if they're done in the furtherance of their employment and in fact if you know what those statements are you're basically disqualified from the case you can't have it anymore so what our policy is I think I pay him like a $50 flat fee they pick the case up directly from the gbi CU that's where those cases go to and then what they are to do is to re go through the entire file so um the body cam the uh which is important cuz sometimes they'll make a statement to their supervisor on body cam in the police reports where they write things that if it would be easy if it was just some statement of the police officer but what you find out is these statements are embedded in it and so what your filter lawyer does is they go through it they either redact it out electronically or they cross it out and then once it is crossed out then they provide it to my team and then we're able to look at it um that was not being done appropriately when I became district attorney I thought that it had only been so Mr Howard had some Chinese wall thing that I didn't think worked at all uh where allegedly those cases were properly redacted that ended up being a joke um and so the five cases really turned into I'm not going to say all 101 but a vast majority that is the work that Mr Bradley and Mr Campbell did for me they did a really good job all of those cases that we originally came with they're done those cases are they're not just done for Mr Bradley and Mr Campbell they're done through my office but obviously life is not stagnant there have been new police cases um I do have a lawyer that is doing that work now that doesn't work for me that's same kind of deal I have another lawyer that does filtering for this case completely separate so in the same private office you had a filter contract then you had somebody else having handling first appearances and so forth and you had a special prosecutor is that correct I'm I'm just not ultimately the answer to your question is yes but I'm not sure that they did it at the same time the first appearance contract was either $60 or $90 I don't know really how I convinced them to be able to take that but I think because it was for such a short amount of time and then I think I paid my filter lawyers which I still don't know how I get away with about 150 an hour and I want you to understand the AG pay special prosecutors $1,000 an hour so um I'm a tough negotiator Paul was paying people up to$ 375 an hour um I won't pay anyone more than 250 is my Max I have a lot of lawyers that a lot for what I have that work at 250 and I cap them every month you can't go past a certain amount of hours would you agree that if if Mr Wade and the two other gentlemen that were in his firm were splitting fees in equal thirds would you agree that he would benefit from the tank contract and also from the other first appearance contract I I would agree he would make money yet so to make money is a benefit Jud just all good Mr jham you're still with us on Zoom no question joh Mr McDougall I do have a couple your Mak it's a little awkward from back here you want yeah want you go ahead and make your way up good afternoon Miss Wills how you doing I'm very well how are you Mr McDougall I think this is our first in person meeting correct second second well I apologize for not remembering you more clear that's quite all right um I'm referring now to ex number 21 yes sir which was your financial disclosure form for 2022 yes sir and it has a question which requires you to disclose any gifts or favors from a single prohibited Source in the aggregate amount of $100 or more do you see that I don't but I believe you it would be on page two in the middle paragraph number three yes and what is your understanding of a prohibited source for purposes of this form I believe there's some classification of somebody you like don't have a personal relationship with that gives you $100 all right if you look under under there at sub paragraph 2 Roman at 2 it defines it as someone that you know or should know is seeking to do or is doing business with the county correct yes but I yes let me yes that includes Mr Wade as of the date you filled out this form correct yes but he never gave me a gift of $100 or more um the only thing that I would say maybe went over that but I don't think it ever did is if we went to dinner and my meal was $100 but I don't think I've ever eaten $100 worth of food at a restaurant cuz I I would not pay him back if we went to lunch or went to dinner um but trips I paid him back for you know I never thought about the money until y'all brought it up and I would be less than honest that says I was giving him the money back because I was the district attorney um I didn't take gifts from him for a lot of personal reasons anyway I did not take gifts from him and so your reason for not disclosing any gifts from Mr Wade on exhibit number 21 is that the aggregate amount on a net basis was less than $100 in the year 2022 is that correct I did not accept a gift of him of more than $100 in 2022 the one exception to that if you cuz I want us to be clear is we probably went out to eat multiple times in the year if you're considering eating a meal you know because we went out multiple times that probably went to the level of more than $100 but if if we're doing tip for T like that I probably paid for as many meals as he paid for and so I did not receive any gifts from him the question on the form I understand the question aggregate in excess of 100 and your testimony is that you did not receive in the aggregate more than $100 all right Mr MCD you can sit down now I don't believe she answered that question your honor she answered as to specific individual gifts and you're not listening to my answer either so we're done very well okay Mr rice no further question Miss uh Mr [Music] Gillan good afternoon good afternoon sir um a few questions here um I want to you saw the book here find me the votes that was shown you correct yes sir I would like to just tender this as an exhibit uh number 22 is that your copy it is all right what exhibit is that going to be 22 all right I'm making the the uh the is that evidentiary contribution here um to this now well I guess you're tendering it is it with um position of the state no relevance at this point um Mr G you are using this to confront with prior statements yes honor and statements that she made concerning her concerning her financial situation and laying the foundation for that and then she gave these interviews uh to the authors and so this would document that and we ask her get this in the record to ask her questions about uh we could mark it for impeachment purposes I'm a little wary of entering an entire 300 Page book because I don't know exactly what every single line if it would pass hearsay or relevance or etc etc but I don't think it needs to be admitted as a an actual evidence for the record for you to do what you need to do with it so well uh your honor I I understand I I just would Mar 22 I'll let you we'll move from there uh thank you honor now you were asked a little bit about this book before correct I think Mrs Mrs Merchant Miss Merchant did asked me some questions yes and and you gave about what about six interviews to the authors of this book in a sit down no sir you didn't was it she answered how many interviews she gave in her opinion how many in your opinion do you believe you gave and how long did they last two to three maybe 20 30 minutes so your testimony is at most you think you gave maybe an hour to an hour and a half's interview to the authors of this book Oh you mean in total in total yeah maybe yeah anywhere between definitely not more than two-ish hours okay but you also were telling when when there were the title of the book of course is a hard charging Georgia prosecutor a rogue president and the plot to steal American election you you've seen why is the title of the book relevant sir and I had I'm going to ask her whether or not that was the the theme that they gave her when they talked with her the thing gave her what what do you mean by that well because they were they were sat down and they told her why they were there to interview her and why and why does that matter well I think it matters because it shows what the they they want her to give her version of what uh her life story is this is a life almost a life story of her so that's why it's relevant but if the court thinks it's not then no no it's it could be relevant to your issue of the forensic misconduct that has been alleged and maybe some of the the motives at play when it comes to forensic misconduct but I'm not seeing again what we're here for today was the relationship Andor any Financial elements of it correct well I think clearly relevant to the uh forensic misconduct also relevant to the personal interest in terms of the finances let me I didn't make 10 cent off that book pardon me I didn't make 10 cents off that book didn't ask whether you made any money okay I didn't ask whether you made any money do you have any other statements that she hadn't already been confronted with by Miss Merchant well other than I want to to to focus on when you were telling them about your financial Straits and you're living kind of month-to month uh that is what your financial status was back in 2018 after your election Mr we covered that at length and you're just you're at the end the line I'm sorry about that but we got to find new ground well uh you know let me move move on to to to my point here so the point is that what you're telling us is that uh you were in financial Straits but really that your testimony today is you had a cash horde of maybe up to $10,000 in cash where you laid your head at night so that you would dip out and there would be no record of it correct that's not what I'm telling you sir that's not that's not at all what I'm telling you what I'm telling you is that throughout the course of my life I have always kept cash in my house that cash has ranged from times you know my father would probably be ashamed of this cuz he would say it should be more but that time that cash at times has ranged from $500 to maybe $9,000 and he he would be like that is not what I told you to do um I've always had that amount of money what I've told you is that when I travel you do better negotiating when you travel if you have cash you can you go to get the cab they say oh we going to charge you 300 for the day well I got American cash will you take it for 15 and so it's my practice to take money when I travel we're not talking about a whole lot of money we're going to the Bahamas 1,500 in cash is in my pocket or at the most 2500 bise was actually probably the most money I've ever taken and it was taken because it was a big deal my 50th birthday sucked his 50 it sucked it was ter up no get back to some questions here I'm trying to answer it it would if so let's let's let's move to the specific yes or NOS here have you told us today that you would keep uh a cash ward in your residence up to about $99,000 yes or no and in throughout the course of my adult life and so let's even be more specific than that probably from the time your honor I'm only asking for yesterday know rather and we have already covered this so I to that point I know you're laying the foundation but it's already been laid the filibuster is here I'm trying to move through the filibuster yeah but but we're not talking about a lot of and so it's it could be 2,000 it could be500 it could be 7500 it just depends on how what you're doing at that time what I'm telling you is when I traveled I took cash I find that when you travel especially the foreign countries the American dollar does well and it's good to have cash you can negotiate with the taxi driver with the jet skis with the and it's not a lot of money we're talking about Conor cut off the let's get to a question Mr and so you have tax in your house but you had a lean a tax lean on your property is that right I don't believe I had a tax lean on my property you didn't have a tax lean on your property you got you got to talk up lot Mr okay we we already covered that Mr Gillan I need new ground here I'm asking the question I'm trying to figure out how someone can have uh have a tax L then ask that question but not use the money that they allegedly said they have well I think M merant asked that exact same question said she didn't use the money to pay your tax lead so what's your question that's new so so I was going to build on that to say no more building it's already built all right it's the same way you pay a bill just just put the top on it if you need to okay it's the same way you owe a bill and go shopping well uh now now have you ever used did you say earlier the used cash app I when I would pay Robin Bryant I used cash app what is Cash app for the record I don't need to know that for the record let's keep going well so if you're paying Robin with cash why aren't you paying uh allegedly paying Mr there's no alleged here why aren't you paying allegedly Mr Wade with cash app I don't think Mr Wade does cash app did you ask him I think he's told me he doesn't do cash app okay so that's the reason why you didn't use cash app he's sitting next to me I hand him the money because there would be a record in cash app of your making payments correct yes but I didn't think that I was making a record in a personal relationship because when you're filing your and and I know that I'm going to move into this uh financial statement here you were asked just a second ago about your non-disclosure form or your excuse me your disclosure form of an exhibit 21 where U we agree that Mr Wade is a prohibited Source correct I don't I what I agree to is I don't believe he's giv me gifts you you would like to classify these trips as gifts but I've always paid my fair share on these trips so I did not look at them as gifts I don't think that what this is disclosing and they can tell me if they mean something different I don't think it means that if you go to dinner with somebody over the course of a year and it gets to 100 you're supposed to report it if my understanding of that is wrong um I've probably been to lunches with a couple of people that over the course of the year they paid I paid me prited Source means we already went over this Mr Gillan Mr McDougal well you I have to I have to lay the foundation here before I can follow up with my next question I don't I don't know why you can't you have to questions have been made then your two 2022 disclosure form did not list any any of the thousands and thousands of dollars that Mr Wade uh paid for on trips that you were on isn't that correct that's because Mr Wade was paid that money back or he was paid uh due to the fact that I bought the plane ticket or I paid for the hotel there there were never money that he gave me that that wasn't the nature of our relationship you know there's so many men and Mr Wade is one of them where the nature of the Rel relationship is they're just paying a woman the nature of our relationship is companionship and friendship despite the way people would like to paint certain women it's just not true final question and not a single solitary documentary peace ofil showing that you have withdrawn the cash to pay than Mr that's not accurate thank you okay Mr mullik on behalf of Mr Floyd all right and Mr Cromwell on behalf of great thing about the coming last your question I had one question M can you hear me yes sir in the time period between February of 2021 and January of 2022 while you were staying at the Y cond did your father ever come and visit you during that time period at the cond he did not that's all I have thank you all right uh Miss cross I would imagine you have a number of topics to cover with Mr Willis that'll take more than 10 to 15 minutes I do okay and I think we've reached a stopping point for today and so U Miss Willis I'd ask you you step down now and I'd also remind you that uh you're not to discuss your testimony or uh that of any other witness until long one back here and we'll begin again at 9:00 a.m. 9 uh we'll do 9:00 am this time tomorrow before we uh recess for today I want to check in on Logistics and uh I'll ask Miss Merchant um once the testimony of Miss Willis has concluded uh how many other Witnesses you anticipate calling we can we can handle that now m you sit you can sit down you're done today you want me to leave the court room uh you can the council table we we don't Maj the witness box uh all right so two witnesses and then quering other defense counsel um I know uh Mr Gillan there was a potential witness that was objected to by the state so there's another one there and we can talk about that were there any other Witnesses anticipated from any defense Council all right seeing no show of hands and then miss cross uh any uh any Witnesses on your behalf I expect so you're on expect that to take hours okay and how many witnesses would you imagine without committing myself to a final number my best guess at this point would be 3 all right uh know who I mean I gave them our Witnesses I I we're supposed to give Witnesses for an evidentiary hearing guessing that one is but um all right no I understand uh Miss Merchant uh however I don't think uh at this point there's any statutory requirement we have the standing order that for expert um Witnesses and if say uh doesn't want to extend that courtesy then I think you're stuck with it all right I'm certainly happy to represent that Mr Floyd will be a witness that the other witnesses will be in teaching of this year okay all right let's take up these uh last couple issues here before we break then uh the issue of the Delta Airlines records um miss the motion to quash was filed by the state on behalf of M Willis I believe I I did file a motion you're on oh excuse me what my representation was that I just got notice of them I think it was yesterday okay and so now I've had the review of them I object to the general fishing Expedition um I've introduced a record today that was from Delta my knowledge that there's going to be no further new production in the Delta record I don't want to burden the court with anything if the court wants to take a look at it and see if there's anything um different than that I don't have an objection I just I I don't like the idea that we're just looking for anything I don't want to um put an obligation on the court but I'm happy to agree to any camera if that's and so Miss Merchant I take it all right so Miss Merchant I take it the purpose of the going need you to step out right is it uh is it because you suspect there are other travel records or just you think there might be something else in there it's well one to um prove some of the travel records that they travel together and so we have no problems like I told the St I mean what I'm saying is is we've we've heard about the the trips today in detail uh is there anything else that's in these records that you're saying is going to prove some additional trip or is it just further corroborating what really is kind of uncontested at this point um there may be some add but you don't know of any specifically you just think there might be okay all right well then let's uh continue with that then if you want to send them uh or instruct Delta to send them to us in Chambers we take a look and um and I think essentially if there's you can tell us Miss Merchant what you think we should be looking for and what you think is relevant and we'll do that okay all right and then when it comes to Mr uh schaer's witness there was an issue uh raised about this kind of being a summary versus an expert witness and so our reviewed the motions and and I think there was the um essentially kind of the summary document that that Mr gillan's witness would uh the sole purpose of this witness introduce was there something about I don't know whether it's from Mr B or Miss cross was there something about this attachment substantively that you think is inaccurate or is it just is it literally just a summary document I can't tell because the documents to support it were on the thumb drive and there's tens of thousands of those documents and so I just I I don't know um whether that is accurate or not I can point to some characterizations on it that I would quibble with sure um I think the the result is wrong but I just can't agree to include the documents or someone testifying from the documents that I I just can't I can't verify it may well be that there isn't anything ultimately but I I can't represent that and I can't agree the document itself isn't authored um or identified as being authored by any particular person okay give me a second while I pull it back up so what I was provided uh by Mr Gillan is a thre page document it starts with a timeline dates events and sources and it ends with an Excel sheet with some more figures and um Mr Gillan What do you what do you have to say on this what we would intend to call Bill seni as a summary witness not EXP the and what we've done is that we have we got the the P sort of what was in the download we got last week CH so what what we have here is the source information over here if we look at that your honor that's largely well all of this information essentially is material that is material of of Mr Wes this isn't something that's some uh different company or bank account and largely what it is is a a situation where now stands most of these Source documents are already in evidence and so whether it's 106 or frankly a demonstrative Aid under 611 that's I about to say why why couldn't this just be used as a demonstrative what would the state's objection be then if Mr G was just to say in closing hey I put all these records together and here's my demonstrative I I don't think I have an OB to that I again I might quibble with some characterization in some language sure um but to call it a summary and to represent that the record is an accurate reflection of the record I just can't agree to because there's so many records they were disclosed on Wednesday and I I just don't know well except your honor if you look I mean literally we're describing things that were introduced today they've seen all this and the documents that that we have sourced really came from Mr Wade and Mr War it's not like they're surprised so we would ask that the sure that the the winess be allowed to testify and put it in the record and put these the summary charts in the record and have them admitted and that way off we go uh this isn't a situation where we have a jury and you know they're they're overwhelmed with whether or not there's some kind of factual misunder understanding here they could look through this probably at lunch and and deter whether the source is accurate or not the second sheet hton County payments they came from them so to say if they can't determine or decipher whether the documents they gave to us is accurate doesn't seem to carry the water this isn't a situation where we have tens of thousands of new and different documents from different corporations different bags and then suddenly we've put it on we've done our best we got these things last week I've gone through them all and we've called it in what we think is a very concise sumary charge to consideration all right so um M cross what I would ask is it sounds like most of the morning is likely going to be taken up with the remainder of Miss Wilson's testimony as well as any additional um Witnesses from his Merchant and so perhaps we can use that time between then and then the lunch break to take a look and see if these sources are inaccurately cited I mean the characterization isn't something that's going to be determinative I don't think I'm Bound by whatever he describes as the event but if this is just I really don't really see much of a substant a distinction between a demonstrative and a witness but if he wants to put it up through a witness uh and it's not something that you need to rebut with expert testimony of some kind then I really don't see this is being much to do about nothing I'm sure you can understand why I couldn't agree sure no that's fine um but I don't know if it's something that we need to bar out right until you've had a chance to look at it if you see some incredible in accuracy in it or something like that uh all right anything else from the state no you're anything else from defense Council Mr go in order Mr S one quick question understand Point speech uh I think it's extensively quoted in all the pleadings if if you feel that's something that we need to have officially recognized I think certainly we can do that I don't know if the uh if the state has a particular version or pleading that they want to double check for accuracy uh or it can just be something that's as assumed as a matter of law as pleaded by defense Council and then we can make a ruling on it from there but there's certainly no certified transcript that that I'm aware of if they want to give me the version that they believe to be accurate then I'll take okay I have a USB that we I download on D all right and that's also not something I think we need to have done by tomorrow I'm not going to be ruling on yeah I'm not I'm not ruling on any of this tomorrow I mean this is something that's I'm going to be taken under advisement on all aspects uh so the forensic issue we can bring up and we may need to bring everyone back if everyone needs an extensive not even extensive but if everyone just wants to be heard and argument in some way we're probably not going to have time for that tomorrow either um so my goal My Hope Is perhaps we can just close the evidence tomorrow and we'll take it from there argument and I've already requested depending on how busy the reporter is between now yeah the answer is they're all busy and we don't have enough of them so I don't know thist reporter was giving me a potential of a reasonable time period but is that what you just turned over to cross does that also have a transcript or is it just video USB video I believe that's all it is but um again I think that's something I I'll just wait for direction from the parties on I don't think that's something we've got enough to deal with with tomorrow and I think we can handle that as it comes once we've had a chance to take a look okay no arguments on the motion I I doubt we're going to reach it if the state has 45 hours of witnesses and yeah I don't I don't think that's going to be needed okay Mr MCD just a very short housekeeping matter uh you ruled on Monday you didn't want to hear any evidence about the county ordinances and the um statute 2221 requires that they be put into evidence as opposed to being cited as law so before the defense evidence closes I would like to Tender certified copies of those I don't need a witness for that and then I've got one other certified copy that I want to Tender I don't need a witness for that so that would just be a little mechanical thing right before the defense evidence understood any thoughts from the state on that okay as the representation if that's what the exhibits are then i' consider a crafer more than okay okay well Mr mdle my expectation tomorrow will be that when I talk I get to take prents right you're the boss thank you sir okay anything else all right we'll be in recess 9 o' tomorrow thank you all sorry than
