THIS IS JOHN FOGLEMAN DEPUTY PROSECUTING ATTORNEY IT IS NOW 11:25 A.M. SEPTEMBER 2ND 1993. PRESENT IS MYSELF, INSPECTOR GITCHELL, DIANE TEER, AND LAWYER'S REPRESENTING DAMIEN ECHOLS AND DAMIEN ECHOLS INVESTIGATOR. DO YOU ALL SAY YOU ALL REPRESENT MS. TEER??
LAWYER: YES WE DO.
FOGLEMAN: WHEN WERE YOU RETAINED?
LAWYER: WE DON'T HAVE TO ANSWER THAT. WE ARE CURRENTLY REPRESENTING MS. TEER AT THIS TIME. ANY FURTHER QUESTIONS ABOUT THE SCOPE OF OUR EMPLOYMENT, OR THE SCOPE OF OR REPRESENTATION IS A CONFIDENTIAL MATTER.
FOGLEMAN: MS. TEER, WOULD YOU RAISE YOUR RIGHT HAND? DO YOU SOLEMNLY SWEAR OR AFFIRM THAT THE STATEMENT THAT YOUR ABOUT TO GIVE, THE TRUTH AND NOTHING BUT THE TRUTH SO HELP YOU GOD?
TEER: I DO
LAWYER: MS. TEER, AS YOUR LAWYERS WE ARE REQUESTING THAT YOU DON'T ANSWER ANY QUESTIONS AT THIS TIME.
FOGLEMAN: IS MR. PRICE YOUR LAWYER?
TEER: YES
FOGLEMAN: WHEN DID YOU HIRE HIM?
LAWYER: YOU DO NOT, JUST A MOMENT, YOU DO NOT HAVE TO ANSWER THAT QUESTION.
TEER: I DON'T HAVE TO ANSWER THAT.
FOGLEMAN: DID HE SOLICIT YOUR BUSINESS?
TEER: NO
LAWYER: AS I STATED EARLIER, JUST ONE MOMENT, SHE DOES NOT HAVE TO ANSWER ANY QUESTIONS. THE SCOPE OF OUR REPRESENTATION IS NONE OF THE BUSINESS OF THE STATE, AND SHE IS NOT REQUIRED TO ANSWER ANY OF YOUR QUESTIONS CONCERNING THAT.
FOGLEMAN: IT IS THE BUSINESS OF THE STATE, IF LAWYERS FOR THE, LAWYERS IN THE THE INVESTIGATOR FOR THE DEFENDANT FOR DAMIEN ECHOLS ARE INTERFERING WITH AN INVESTIGATION. AND IF THEY WENT OUT AND SOLICITED MS. TEER, AND VOLUNTEER THEIR SERVICES TO REPRESENT HER AND HER DAUGHTER, THAN THAT IS THE BUSINESS OF THE STATE.
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LAWYER: OKAY, AS WE, AS WE HAVE STATED IT IS OUR POSITION ITS NOT THE STATE'S BUSINESS, AND WE ARE REQUESTING MS. TEER NOT TO ANSWER ANY FURTHER QUESTIONS ABOUT THE SCOPE OF OUR REPRESENTATION.
FOGLEMAN: ARE YOU ALSO INSTRUCTING HER NOT TO ANSWER ANY OTHER QUESTIONS BECAUSE YOU REPRESENT HER?
LAWYER: YES, WE ARE, BECAUSE WE CURRENTLY REPRESENT HER.
FOGLEMAN: AND THAT'S THE REASON YOU'RE INSTRUCTING HER NOT TO ANSWER ANY QUESTIONS BECAUSE YOU REPRESENT HER?
LAWYER: THAT'S CORRECT, AND FOR THE REASONS THAT UH, UH, SHE HAS NOT BEEN SUBPONEA PROPERLY, THE SAME REASONS WE GAVE EARILIER.
FOGLEMAN: ALRIGHT, AND AS HER ATTORNEYS ARE.... ARE YOU UM, ALSO AGREEING AS IN THE PRIOR UM, PEOPLE THAT SHE WILL BE PRODUCED AT 9 AM ON SEPTEMBER THE 10TH, SUBJECT TO ANY MOTION OT QUASH, FOR ANY GROUND, SAVE AND EXCEPT FOR THE GROUNDS OF THE TIMELESSNESS OF THE SERVICE OF THE SUBPONA??
LAWYER: CORRECT.
LAWYER: CORRECT, DO YOU WANT IT AT 9, OR DO YOU, WOULD YOU RATHER HAVE IT AT A DIFFERENT TIME??
FOGLEMAN: SHE CAN COME AT 9 TOO, AND UM, ARE YOU ALSO SAYING YOU THAT REPRESENT, DID YOU, DID YOU HIRE THEM, LET ME ASK YOU, THEM THIS AND YOU CAN INSTRUCT HER OR NOT. DID YOU HIRE THEM TO REPRESENT BOTH YOU AND YOUR DAUGHTER?
TEER: YES.
FOGLEMAN: ALRIGHT, AND DOES THE SAME APPLY TO DAUGHTER DOMINI TEER?
