Little Pink House_ A True Story of Defiance and Courage - Jeff Benedict [110]
“I think it is important to know what you are talking about,” Claire said. “The IJ gave the erroneous impression that it is the plan of the NLDC to take poor people’s homes for a health club, and that is incorrect, and I have to assume that Scott Bullock knew it to be incorrect.”
Berliner asked Claire if she knew that in their answer to the lawsuit, the NLDC had admitted that a health club was going to be on a parcel that contained housing.
Claire had no idea about that.
“Did you know that the answer submitted by the NLDC admitted that the health club was going to be on Parcel 3?” Berliner repeated.
“No. I still don’t know it.”
“Well, you can check. But I will represent to you that that is true.”
Claire didn’t want to hear it. “This,” she said, “I don’t think, is material to what we are discussing.”
Berliner cut her off: “I don’t have any further questions at this time.”
The court reporter noted the time: 3:15 p.m. Berliner and Claire parted without exchanging pleasantries.
Once Bullock and Berliner had deposed all the key players and parties, only one person remained: Jay Levin. As Berliner dialed his phone number on July 16, she wasn’t sure whether to consider him a lobbyist for the Italian Dramatic Club, a consultant to Governor Rowland, or simply a fellow attorney. All she knew was that Levin had written a letter to the head of the IDC assuring him that his private club would be preserved. He insisted that everyone in state government—from the governor to the heads of state agencies—had an absolute understanding that the club “is not to be touched by anyone.”
When Levin got on the line, Berliner introduced herself. Levin said he was very familiar with the case.
I bet you are, Berliner thought. She referred to Levin’s letter to Aldo Valentini and said she wanted to get some more information about it. In particular, she wanted to know whom Levin had talked to in state government to secure the assurance that the state would exempt the IDC from being taken by the city.
Levin said he didn’t remember whom he had talked to.
But the letter specifically said that even Governor Rowland knew not to touch the IDC. Very few people have the governor’s ear, and even fewer people speak for him, Berliner said.
Levin insisted he spoke to a lot of people.
“We’d like to call you to testify,” Berliner told him, and offered a date.
Levin had been the chief architect of the original idea to reactivate the NLDC. He had recommended Claire to lead it. And he had secured the exception for the Italian Dramatic Club. Simply put, he knew where the bodies were buried in this fight.
“I will be unavailable during that week,” Levin told Berliner. “I am scheduled to undergo major surgery.”
“What about testifying before the surgery?” Berliner asked.
“I am not in a condition to appear at trial because I will be heavily medicated in preparation for that surgery,” Levin said.
Berliner pushed for a deposition from Levin; the Institute for Justice could arrange to interview him right away, she said.
“A deposition at this time would be very difficult for me,” Levin said. Instead, he offered to submit an affidavit.
The next day, Berliner faxed Levin a letter. “As you know, getting an affidavit introduced in lieu of testimony is difficult,” she told him, “but I will send a copy to the defendants in advance of trial and try to get an agreement from them to stipulate to its admissibility given the circumstances.” She explained she would be issuing him a subpoena in order to demonstrate to the court a good-faith effort to obtain his live testimony.
She enclosed with her fax an affidavit for Levin to sign. It stated that he had spoken to representatives from state agencies about preserving