VIDEOTAPED DEPOSITION OF CHAD FARNAN - VOLUME I - 7/16/2008 1 (Pages 1 to 4) eunemene 20 2 as Page 1 unrTap stares oisriver court (CENTRAL DISTRICT OF CALIFORNIA » ca sar ‘aoe Ccarisreano vung soo. Disc, ) Di ates CORBETT echelon sheet ra oat) ent-) BetisdesTeeeg in) Detedu, ea eee 3 CaLIRonaWA TeAciTas AssOCIATIONNEA: ) ‘ALCAPISTRANO UNIFIED EDUCATION [Ss0CiATION. > ) nie nereneeDetedl Visoupe Degman CHADEARNAN — (Yoene}) Data: Wet, ly 16228 104m. ec $85 Ann Bele Ste 1209 Repo ica Teal, CSR, BPR Volume of tie videotaped deposition of CHAD PARNAN ken before Pete Tomel, Ceri ‘Shorihand Reports, Cetifiate No. 2974, commencing at 104 am, Wednesday, uly 16,2006, a he Law OMees ot Wood, Spradin & Sac, APC, $85 Anton Boalver ‘Suite 1200, Costa Mesa, Care, APPEARANCES OF COUNSEL: Forthe Pai ‘ADVOCATES FOR FAITH & FREEDOM BBY: JENNIFER L, MONK, £50. "ROBERT 1 TYLER IQ, ‘24910 Las Bris Road, No. 110 Murty, Ceo 92852 (51 304-7583 or Defendants Cupistano Unie Schoo Disvct ‘nD, uon Cort WOODRUFE, SPRADLIN & SoART BY; DANIEL K. SPRADLINESO. 4555 Anton Bowlvar, Suite 1200 For the Union InerveorDefendans Caen Teachers Associaton NEA; rd Cisne Unifed BiestionAteciion ‘CALIFORNIA TEACHERS ASSOCIATION BY: JOAN F-KOHN, ESO, 11745 a Telegraph Rend Stata Fe Springs Califia 90670 Goyameist 2 APPEARANCES (Continued): 2 VIDEOGRAPHER: 3 DANNY COLOHAN 4 Dean Jones Videos (714) 973-8681 5 6 ALSO PRESENT: 7 "Dr. James Corbett Matthew Horgan 8 Lisa Horgan Teresa Farman 9 Rachel Williams 2 INDEX 3 4 Witness CHADPARNAN (Volume) 5 Examination Page 7 “BY MR-SPRADUIN~ a ° Fa EXHIBITS R Defendants essription Page 22 101 AP Ruropean History, Introduction 40 a 102 Howto Succeed in European History 46 103 Chapter 2 ented "The Barly as Middle Ages: The Formation of Burope, of the text "AF a6 ofthe Modern Work” 3 AT 104 “Transeipt of Lecture 2 2 38 105 AP Buropean History Advice and Roles 109 19 105 Grading Policies, AP Art History, ‘AP European History ‘io Yor Form eter eat “eur Parns a fiom tim Corbet 22 108 "Eyowp fom cher ented "The Upheaval in Chisteadom ~ 1300-1560" 23 ofthe text "A History of the Medien Werid” na 109 But fom tote *A Hay 2s ofthe Modern Would” Lis Page 3 Tornell & Cotten Profes sional Court Reporters (714) 543-1600VIDEOTAPED DEPOSITION OF CHAD FARNAN - VOLUME I - 7/16/2008 2 (Pages 5 to 8) 10 an 12 a u as 16 ar a8 a9 20 a 22 23 a 25 EXHIBITS (Continued): Defendant's Desexiption 113 Transcript of Lectute of 10/19/07 120 Diagram drawn by deponent INFORMATION REQUESTED: Page Line (None) WEDNESDAY, JULY 16, 2008, COSTA MESA, CALIFORNIA 10:44 AM, VIDEOGRAPHER: Good morning. This isthe videotaped deposition of Chad Farman taken at $55 Anton ‘Boulevard on the 12th floor in Costa Mesa, California, ‘on Wednesday, July 16, 2008, in the matter of Chad Farman, a minor, by and through his parents, Bill Farman and Teresa Farnan, vs. Capistrano Unified School District and Dr. James Corbett, et al, Case Number SACVO7-1434-IVS. This deposition is on behalf of the ‘defendants. My name is Danny Cotohan with Dean Jones 0 Services of Los Angeles and Santa Ana, ‘This deposition is commencing at 10:45 a.m. ‘Would all present please identify themselves. beginning with the witness. ‘THE WITNESS: Chad Farnan, MS. MONK: Jennifer Monk with Advocates for Feith and Freedom representing Chad Faman, MS, WILLIAMS: Rachel Williams with Advocates for Attomey Califor Faith and Freedom, MS. PARNAN: Teresa Farnan, the mom. MR. SPRADLIN: Dan Spr IDENTIFIED FoR CouNsEE?? lin on behalf of Dr. James Page 7 1. Corbett and the Capistrano Unified School District. 2 DR.CORBETT: James Corbett. 3. MR.KOHN: John Kohn on behalf of the California 4 Teachers Association, Capistrano Unified Education 5. Association, 6 — MR.HORGAN: Matthew Horgan with the CTA. 7 MS. HORGAN: Lisa Horgan with the CTA. 8 VIDEOGRAPHER: Be aware the microphones are ve| 9. sensitive. They will pick up all conversations in this 10. room. n ‘Would the court reporter please swear in the 12 witness, 13 ua CHAD FARNAN, 35 the plaintiff herein, called as a 16 witness, and having been first duly 17 swomn by the Certified Shorthand 18 Reporter, was examined and testified 19 as follows: 20 EXAMINATION "22 BY MR. SPRADLII 23 Q Good morning, Mr. Faman, 10:46:0) 24 We're here today to take your deposition. I'm 25 going to assume that you've never given a deposition Page @ 1 before. 2 A No. 3 Q You've had a chance to speak to your lawyers 4 about what we're doing this morning? 5 A Yes. 6 — Q Imsure thet they told you in detail 7 everything that you need to know, but let me repeat a 8 few things that may be of some help to you. 9 ‘The most important thing for you to understand 10. today is that you have to tell the truth, 10:46:31 11 And you know the difference between the truth 12 and a falschood; correct? 13 A Yes. 14 — Q Forexample, if I were to tell you, looking out 15. the window right now and seeing the sun shining, that 116 its raining, that would not be trues right? 17 A Yes. 18 — Q Andifl told you the sun was shining, that is 19. true because the sun is out; right? 20 A Yes. 21 — Q The reason why I want to make sure that you 22. understand that is that the court reporter has 23 administered an oath. This oath has the same force and 24 effect as if we were in a courtroom with a judge and a ry. 10:47:00 Tornell & Cotten Professional Court Reporters (714) 543-1600VIDEOTAPED DEPOSITION OF CHAD FARNAN - VOLUME I - 7/16/2008 3 (Pages 9 to 12) Page 9 Page 11 a You understand that, sir? anything ofthat nature, I just want your best 2 A Yes. 2 testimony. 3 Q It’s very important that you do because your 3 If for any reason at any time you feel you're 4 testimony today ~ and I'l keep emphasizing the word 4 notable to give your best testimony, you tell me and 10:49:04 5 “testimony” because that’s what it is 5 well top. I ill stop asking you questions 6 A Ub-huh. 6 immediately. 7 Q =has the same force and effect as if we did 7 Do you understand tat? 8 have a judge and a jury here in this room with us. eA Yes, 9 Doyou undeistand? 9 Q Lotme give you an example 20 A Yes 20 Ifyou decide in a few minutes you need to use 211 Q The importance comes from this point: 141. the restroom and you're thinking, “Oh, boy, we just 12 Ifyou'te called as a witness in this case and 12 started. Im embarrassed, I wouldn't want to use the 13. ifthe testimony you give in a courtroom differs from 413. restroom," I'm not sure you'd be able to give your best 14. the testimony you give today, those differences can be 14 testimony because you're distracted, So if there's any 15 pointed out, and that ean be harmful to your 10:47:31 distraction whatsoever -- you want to use the restroom, 16 believability asa witness. In other words, the jury 16 you fel tired, you're hungry, whatever itis, you want 27. might say, "Well, he said something different at the 27 to talk to your lawyers ~ you tell me, and we will 28 time of his deposition than what he's saying today, so 38 stop. 29. Tm not sure I want to believe him." 29 Doyou understand that? 10:49:30 20 So doyou understand that? 20 A Uh-huh 21 A Yes. 21 Q Isthatayes? 22 Q Thatmeans that if ask you a question today 220A Yeu. 23 that you don't know the answer to, it's perfectly okay 23. MRS. FARNAN: Thave a question. 24 to say you don't know the answer. You don't have to 24 MR.SPRADLIN: I'm sony. 25. make something up for my benefit 25 _MRS.FARNAN: I don't know with Dr, Corbett Page 10 Page 12 2 Doyou understand that? 2 glaring at him — 2A Yes. 2 MR. SPRADLIN: No, you can't be interrupting, 3 Q Likewise, ifyou do not know the answer or you 3. ma'am. 4 don't remember the answer, you cam say that “I don't 4 MRS. FARNAN: Okay. S_ kenow" of "I don't remember." 5 BY MR, SPRADLIN: 6 —_Doyou understand that? 6 — Q Allright. Do you feel like you can give your 7A Yes, 7 best testimony this morning? 8 —Q Tho court reporter i taking down everything 8 A Yes. 9 thats being said, We have a videographer today who is 2 Q Willyou promise me if at any time you're no 10 recording in a visual manner as well as an audio fashion 110. longer feeling like you can give your best testimony 22 your testimony, so well have a permanent record, 21 that you'll tell me? 12 "Nevertheless, the law gives you the opportunity 22 A Yes. 13. to review the written transcript of your testimony. And 13 Q Did you review any documents to prepare for 14 awitness has aright, if they choose, to make changes 114 your deposition testimony this moming? 10:50:04 15. in the written transcript; but attorneys have the right 15 A No. 16 totalk about why a witness might change their 10:48:30 26 Q_ Did you talk to anybody other than your lawyers 27 testimony, change the transcript oftheir testimony, and 17 to prepare for your deposition testimony this morning? 18 that, just by reason ofthe fac that you're changing 28 A Mymom, That's it 29 your testimony, ean sometimes reflect poorly on your 19 Q When did you talk to your mom about your 20 beliovability as a witness 20 deposition? 21 Doyou understand that? 21 A Tmnotsure. A couple days ago. 22 A Yes. 22 Q_ What did the two of you talk about? 23 Q The most important thing for me today is to get 23 A. Just how long it would take because I have a 24 your best testimony. I'm not here to get you to say 2 game tonight. 25 _anything in paticular or try to trick you, trap you, or 25 _Q Well, let me omphasize if at some point in time Tornell & Cotten Profes sional Court Reporters (714) 543-1600