Oral Deposition of Dr. Delbert A. Taebel

    IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

MIDLAND-ODESSA DIVISION 

LULAC COUNCIL #4434, ET AL ) 

VERSUS ) NO. MO-88-CA-154 

JIM MATTOX, ET AL ) 

ORAL DEPOSITION 

OF 

DR. DELBERT A. TAEBEL 

  

LINDA EIDD REPORTING SERVICE, INC. 
2540 WALNUT HILL LANE, SUITE 170 

DALLAS, TEXAS 75229 (214) 357.8657    



  

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IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

MIDLAND-ODESSA DIVISION 

LULAC COUNCIL #4434, ET AL ) 

VERSUS ) NO. MO-88-CA-154 

JIM MATTOX, ET AL ) 

APPEARANCES: 

GARRETT, THOMPSON & CHANG 

8300 Douglas Avenue, Suite 800 

Foley's Tower 

Dallas, Texas 75225 

BY: MR. WILLIAM L. GARRETT 

APPEARING FOR THE PLAINTIFF 

PORTER & CLEMENTS 

3500 NCNB Center 

Houston, Texas 77002 

BY: MR. J. EUGENE CLEMENTS 

APPEARING FOR THE DEFENDANT 

INTERVENOR, SHAROLYN WOOD 

ATTORNEY GENERAL OF TEXAS 

P.O. Box 12548 

7th Floor, Supreme Court Building 
14th and Colorado 
Austin, Texas 78701 

BY: MR. RENEA HICKS 

Special Assistant Attorney General 

APPEARING FOR JIM MATTOX 

NAACP Legal Defense and Educational Fund, Inc. 
99 Hudson Street, 16th Floor 

New York, New York 10013 

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BY: MS. SHERRILYN A. IFILL 

APPEARING FOR THE DEFENDANT 

INTERVENORS, HOUSTON LAWYERS 

ASSOCIATION, ALICE BONNER, WELDON 

BERRY, FRANCIS WILLIAM, REVEREND 

WILLIAM LAWSON, DELOYD T. PARKER 

AND BENNIE McGINTY 

ANSWERS AND DEPOSITION OF DR. DELBERT A. TAEBEL, 

produced as a witness at the instance of the Defendants, 

taken in the above styled and numbered cause on the 9th 

day of September, 1989, at 3:15 p.m., before Barbara J. 

Anderson, a Certified Shorthand Reporter in and for the 

State of Texas, at the offices of the Attorney General, 

714 Jackson Street, Suite 700, in the City of Dallas, 

County of Dallas and State of Texas, in accordance with 

the Federal Rules of Civil Procedure and the stipulations 

set forth in the deposition of Mr. Henry Ron White taken 

August 21, 1989, that all objections except those as to 

form and responsiveness are reserved, that the deposition 

can be signed before any Notary, and if it's not signed a 

certified copy may be used at trial. 

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WITNESS 

DR. DELBERT A. TAEBEL 

Direct Examination 

(By Mr. Garrett) 

Cross-Examination 

(By Ms. Ifill) 

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MR. HICKS: The same agreements, 

reserve objections, et cetera? 

MR. GARRETT: Yes. 

DR. DELBERT A. TAEBEL, 

a witness named in the annexed agreement, being of lawful 

age and being first duly cautioned and sworn in the above 

cause, testified on his oath as follows: 

DIRECT EXAMINATION 

BY MR. GARRETT: 

Q Dr. Taebel, you have furnished me a document 

entitled Dallas County Elections 1980 to 1988, and I take 

it, it's your representation that this document is 

complete; is that correct? 

A That's correct. 

Q Further, I believe you have there in front of you 

a document entitled Harris County Elections 1980 to 1988, 

and that document is complete except for the fact that 

1988 races are not included; is that right? 

A Right, and possibly four other races that we're 

going to be looking at. One -- what we call control races 

in '82, '84, '86 and, of course, '88 isn't complete. 

Q I'll let Sherrilyn get the details from you on 

Harris County. What I understand you to be doing in these 

other counties, Bexar, Ector, Galveston, Jefferson, 

Lubbock, McLennan, Tarrant and Travis, is work to produce 

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a document similar to the one that's identified as Dallas 

2 County Elections 1980 to 1988; is that correct? 

3 A That's our intent. 

4 Q In each of these cases you will be doing a 

5 regression analysis using bivariate method; is that 

6 correct? 

7 A That's correct. 

8 Q Well, outside of producing these documents for 

9 each one of the counties, do you intend to do any other 

10 type of report or exhibit that would be used at trial? 

11 A I don't think so. 

12 MR. GARRETT: Renea, do you have a 

13 comment? 

14 MR. HICKS: Well, he might do some 

15 exhibits, but they would be drawn from 

16 essentially these summaries, I think, of some of 

17 this information such as in the Dallas County 

18 packet. I'm not saying he will, but -- 

19 MR. GARRETT: What, like bar graphs? 

20 MR. HICKS: There might be something 

21 like that, or a summary table kind of like the 

22 Ingstrom tables done for Dallas and Harris 

23 County. Something similar to that, but 

24 everything on them would be drawn from the 

25 information contained -- 

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MR. GARRETT: Okay. What I want to 

make sure of is that there's not another type of 

exhibit, you know, drawn from information other 

than election returns and ethnic breakdowns of 

precincts. 

(Interruption in proceedings.) 

Q Let me reask what I was asking. My question is 

that at this time you don't have any intent of producing 

an exhibit drawn from information other than election 

returns and ethnic breakdown of voting precincts; is that 

right? 

A Right. 

MR. GARRETT: And, Renea, that's your 

intent at this point, right? 

MR. HICKS: Yes. 

Q I think when we went through the list awhile ago, 

Del, we forgot Midland County. 

A We did? 

Q I don't remember you discussing it. 

A Midland we should have done shortly. We've got 

all the data entered. We're now merging the last of the 

'88 files and we should be entering that either today, 

tomorrow or Monday. 

Q Let's back up for a minute then and talk about -- 

well, let's do it county by county. What I want to do, 

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it's the same set of questions for each county, and each 

county I want to know which election you're looking at and 

then what your data base is for that election. Why don't 

we start with whatever you've got listed there. 

A Okay. I've got Bexar County. 

Q Tell me what elections you're looking at. 

A 131st district judge and 187th in 1980. 

Q Don't go quite so fast. 131lst in 1980. 

A 187th, 

Q 187th. These are all 19807? 

A Right. And then the district judge, I don't have 

a number here, it just says district judge. I don't know 

which one that is. 

Q Do you know the name or what year? 

A Well, this is -— no, 1 don't. It's 1980, so 

there must be three district judge races in that 

particular year. There is a court of appeals, 4th, I 

guess place 4. I'm on 1982 by the way now. District 

judge, 285. 

Q Would there be a way of shortening this? Can we 

Xerox off these things? Will they tell us -- 

A Yes. 

Q I mean your summary sheets here. 

A Yes, they will. Most of these, they're 

abbreviated, but as you can see, it shows judge, 191st 

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district, county criminal court, and this one doesn't show 

what it is. These here are the code names for the 

computer for the entry, for example, but this is Dallas 

and you have that. But, for example, if you go down 

Dallas you would see -- well, see this one doesn't show 

what race it is he entered. In most cases he entered the 

election or what race it was, but I can see here now on 

some he hasn't done that. 

Q Of course, we've got Dallas here so I'm not going 

to worry about it. There's going to be less elections on 

some of these. 

A Okay. All of these would be in here. Here's 

Ector County, railroad commissioner, 161st, county court 

at law, lieutenant governor, attorney general, justice, 

supreme court number 4. All of these would be in here. 

can Xerox these for you if you want. 

Q Why don't we do that because that way it will 

save a whole lot of time instead of going through these 

one by one. Let me get to the questions on the data base 

then. So basically what we're going to do -- 

DR. BRISCHETTO: Can we get them done 

MR. GARRETT: Yes. There's a Xerox 

machine, I take it, here. 

Let me say I can't tell from this which of these     LINDA EIDD REPORTING SERVICE, INC. 
   



  

  

he's entered in here, but this was our intent, to do all 

of these. 

Q I understand. 

A So some of them might be -- some, for example, 

the data was illegible or we couldn't get the run-off or 

we got -- we were in some cases told by the attorney 

general, here's the races we want you to do, and some of 

these were entered in and we were looking for the data, 

but I would say 95 percent of the ones that are listed 

here are in the computer file. 

Q Is the opposite of that true that you're not 

going to analyze any that are not listed on there? 

A Well, I mentioned the four in Harris County, 1I 

don't see those listed here, but basically I can explain 

Harris County elections. 

Q I'll let you explain that. 

MR. HICKS: There might be others done. 

I mean the Floyd-Griffen race. 

THE WITNESS: Yes, right. We're 

looking at that. We're trying to get data on the 

Floyd race in Jefferson County. 

Q Well, we've already talked about that one. Are 

there any others that you know of? 

MR. HICKS: We can find them. I mean 

I'm not trying to hide any, it's just we happened 

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to discover this one in Jefferson County the 

other day in deposition, so I'll look at that, 

but Del can tell you. 

Again, we are running out of time. I mean the 

I don't -- let me Xerox -- can we Xerox this 

need this book to discuss what your data 

THE WITNESS: Gene, there are just 

the front cover sheet here for -- 

MR. HICKS: I can write the counties 

THE WITNESS: -- for the counties that 

the files. 

MR. HICKS: I can write the counties 

I'll] write them down. 

DR. BRISCHETTO: There are eleven 

counties. 

MR. HICKS: Two of them you don't need, 

Dallas and Harris. 

MR. GARRETT: Well, because Dallas is 

complete and Harris is mostly complete except 

Sherrilyn is going to finish up the deposition on 

that part. 

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Q Okay. Let's take a look then county by county. 

You said in Bexar County that somebody named Tucker Gibson 

at Trinity University was getting the data set together? 

A Right. 

Q What is Mr. Gibson doing? 

A He's a political scientist at Trinity University. 

Q What is he doing to get a data set that -- by 

data set I'm talking about the ethnic breakdown -- 

A He is basically assigned the task of determining 

the demographic characteristics of the precincts between 

1980 and 1988. And then once he did that we sent him the 

election data and he and Dr. Yost (phonetic) are doing the 

same kind of -- we sent him the SBSS program, we sent him 

the charts just like this, and they're just doing it 

because they've got it up on their computer and it's a lot 

faster. 

Q So they're going to prepare a document similar to 

this one, Dallas County Elections. 

A Yes. Yes. They're doing that today. 

Q Can we get availability of their data set as far 

as ethnic breakdown of precincts? 

A As far as I'm concerned you can. I don't know 

what you want me to do, but I'll call them. How do you 

want it? What format or what form do you want it in? 

Q Well, let's find out what format it is and if you 

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or someone in your charge would communicate with 

Dr. Brischetto's office and we can make arrangements. 

A They sent me a floppy disk with the data on it. 

We were so buried with data, and when I got it I sent it 

back and said you do the analysis. But I have that floppy 

disk and I can either make it available to Bob and he can 

ask them for the -- maybe, in fact, they have the 

documentation on how it's loaded too. 

Q I remember in the last deposition you mentioned 

to me that you had sent out a protocol to each of the 

people that are helping you as to how to go about doing 

the ethnic determination of precincts over the years. 

A Right. 

Q Are all the people following that same protocol? 

A No. 

Q They're doing it differently? 

A No, everybody is doing it different. We were 

hoping that we would have one standard uniform way of 

doing it, but everybody -- in a lot of counties the county 

election officials have already done it. I don't know 

exactly how they did it in Bexar County, but I know in 

Bexar County they did some redistricting, I think, in one 

of the junior college districts, and because of that they 

had to update the demographic files and so on and so 

forth. 

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Q But nevertheless, whatever information is 

available regarding the precincts in Bexar County is 

available from Tucker Gibson at Trinity? 

A Right. 

Q Ector County, what's your data base there? 

A We have the 1980 demographic file. I've updated 

the precincts based on boundary changes and commissioner 

court orders, and we have the elections that will be -- 

that are being Xeroxed right now. 

Q How did you update the precincts? 

A Basically I looked at the -- I can't recall 

exactly which ones I did there, but basically the 

procedure I followed was to determine if a precinct were 

changed by more than 10 percent and that precinct -- I 

used the 10 percent-10 percent rule. 

Q In those places where you used that rule just 

tell me that's what you did because you've already 

explained that to me in the past. 

A Right. 

Q SO In Ector County you used the 10-10 rule? 

A Right. 

Q And you didn't do any further type of analysis to 

update the precincts; is that right? 

A No, not in Ector County. 

Q Do you know how many precincts you wound up with 

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County? 

Probably twenty. 

Out of? 

I don't really remember. 

DR. BRISCHETTO: Can you check your 

THE WITNESS: They wouldn't be in the 

notes there. Let me think. I would have to -- I 

could probably reproduce the file, but there 

aren't many precincts in Ector County to begin 

with. TI think there is only twenty precincts. 

DR. BRISCHETTO: And you ended up with 

THE WITNESS: I can't remember, Bob, 

how many we ended up with. But if I recall 

correctly, you're taking me back, if I recall 

correctly, in Ector County there weren't that 

many changes by the commissioners court. 

Q What I need from you, Dr. Taebel, is some record 

of which precincts you actually used to do your analysis 

on a year-by-year basis. If you could make that 

information available to us, that's what we need. 

A I have the computer file in such an order that 

the first part is the demographic file and the second part 

is the election file. Now, let me explain the two so that     r———l LRA _EIDD REPORTING SERVICE, INC, 
   



  

  

when I send them to you you understand what I'm doing. 

Q Okay. 

A Layout One, and I'm just giving you these, Layout 

One or Format One, was where we started with the 1980 PL 

tape data and we coded it in such a fashion for each year 

to either retain a precinct or exclude precincts based on 

whether they met the 10-10 rule. So the -- Format One was 

really the operationalization (sic) of the 10-10 rule as 

best we could. 

Format Two was where we had independent data 

concerning the demographic characteristics of each of the 

precincts, for example, in Dallas County. So that you 

would have a separate file for '80, '82, '84, '86 and '88, 

a separate demographic file. And the first one I 

mentioned, Format Number One, you would have one 

demographic file and you could have all your elections 

thereafter. 

So what you would do then is in your coding 

instructions, let's say for 1982 you decided to eliminate 

two precincts. You would code those maybe as a two, all 

the others as a one, and I'll give you those coding 

instructions, so that in 1982 if you're running the 

election data in your file, you would say selective, that 

variable equals one so that you would eliminate -- only 

select those precincts that you wanted. You would do the 

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same thing for '84, '86 and '88. 

Q Okay. 

A Again, if there were split precincts, they might 

be added to the bottom of the file and then you would just 

reproduce the demographic data, but it would indicate 

split precinct. For example, if a precinct were split in 

half, Precinct 101 and the 102, that would be entered at 

the bottom of the file, but it would show -- it would show 

a zero whether it was in existence in 1980. The first 

column shows which of the precincts were in existence in 

1980. Then from there on out, then what we do is 

reproduce the demographic data if it met the 10-10 rule. 

Q When you're talking about a split precinct, is 

that where one precinct is divided into two or three? 

A Right. 

Q And then you -- 

A Well, not two or three because the two or three 

is very -- the three is very difficult to determine. But 

1f it's two and they just split it in half like they 

typically do because the state law requires them to do so, 

then we would just use the demographic data. 

Q But I mean did you assume that the demographic 

data was equal in the two halves? 

A Yes, if it met the 90 percent rule. In other 

words, if it was a homogeneous precinct we would just 

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duplicate the data. 

2 Q And if it didn't meet the 90 percent rule then 

3 you would -- 

4 A Then we'd say split precinct and we'd X it out. 

5 Q I understand. Now, that was your methodology in 

6 Ector County, and was the same methodology used in every 

7 other county that you're doing it other than Jefferson 

8 where 

9 Dr. Sanders and Lubbock with Dr. Pearson is doing it? 

10 A Well, I'm not sure how Dr. Pearson is doing it. 

31 Q No, no, no. What I'm saying is you used the same 

12 methodology in all the counties that you did. 

13 A No. 

14 Q You didn't? 

15 A Well, no, because in Dallas County, for example, 

16 I didn't have to do that. 

17 Q I understand. 

18 A Because whenever we had an independent source of 

19 data like in Travis County and in Dallas County, we did 

20 not do it that way. 

21 Q Well, let's make this simple. Which counties did 

22 you have the independent source of data in? We know 

23 Dallas and we know Travis, where else? 

24 A Okay. Harris we had an independent source from. 

25 Q What's his name? 

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A Murray. 

MR. HICKS: Murray. 

A In McLennan County we had some independent data 

from David Quinn who wrote up the Section 5 proposal. 

Q That's Professor Quinn at Baylor University, 

right? 

A Right. 

Q Okay. Where else? 

A In Jefferson County we have data from 

Dr. Sanders. 

Q And then in Lubbock? 

A Well, Lubbock I haven't gotten yet. 

Q So you don't know? 

A But I assume that it's in the Format One. Now 

that we've got this book back here I can look. Bexar 

County was Format Two, I assume. 

Q In other words, there was an independent source 

probably from the Bexar County elections office, is that 

what you think? 

A Right. There was some other court cases which 

required, if I understand it correctly, the county to 

provide demographic data on the precincts, and that's 

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basically what he did. In fact, I think Tucker does a lot 

of the dime file stuff. Okay. Lubbock, I don't know 

about. McLennan, I told you we have partial -- we have 

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some new data, but not complete. 

In other words, on occasion Section 5 submissions 

would say something like this: The new precincts or the 

changed precincts are 101, 102, 103, 104 and 105, and they 

would give you the new demographic characteristics about 

those precincts. So if we had independent information 

even with split precincts, we would use the new 

independent information. Midland is a Format One. 

Q All right. 

A Tarrant is a Format One because there wasn't 

much -- no one seems to be studying Tarrant County. 

Q How many precincts did you end up with in Tarrant 

County, do you have that information? 

A Two hundred and some. 

Q There are 200 that are unchanged, or I mean that 

at least met the Format One criteria? 

A Well, I don't know right offhand. 

DR. BRISCHETTO: You said Tarrant -- 

MR. GARRETT: It was the Format One. 

DR. BRISCHETTO: Format Two. 

A Well, Tarrant is Format One. Format One is where 

we start with the 1980 file and work forward. 

Q Well, you were saying that you thought you had 

about 200 or you don't know how many you had. 

A I don't really know right off. Which year are 

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talking about? 

Q Well, basically I want to know, '80 started with 

about 270 precincts, I think. 

A Yes. 

Q And then by the time you got down to '88 how many 

did you wind up with? 

A Well, I think -- I'm a precinct chairman there 

and I ought to know because I'm the chair of these -- they 

aren't all sequential, but I suspect there is three 

hundred some precincts in Tarrant County. 

Q Okay. But by the time you got to '88 -- 

A I don't know. 

Q You don't know? 

A No. 

Q The Format One data, once you've supplied it 

us we can figure that out. 

A If I can figure it out, we've got it figured out. 

Q What about Travis County? 

A Travis we were furnished some independent data 

from the election, so that would be Format Two. 

Q Okay. That leaves us, let's see, with Galveston, 

what's the situation there? 

A Galveston is Format Two. I'm sorry, Format One. 

Q Okay. 

A Because there is no -- I haven't found any 

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independent data on Galveston precincts. 

Q And do you know how many precincts you had in 

Galveston? 

A No, I don't. 

Q But it will be available to us? 

A Right. 

Q Let's see now, Ector County, that was where you 

were describing the two, but then I'm not clear as to 

which method you ended up using there, Format One or Two? 

A I'm almost positive we used One. 

Q On Ector? 

A Yes. Because I did Ector myself and as I recall, 

I thought we started off there by my saying that I got the 

data from the county clerk and with the commissioner court 

boundary changes, and I think I went through that one. I 

I don't know, I think you asked me that question, but I 

don't know how many. It doesn't seem to me there is many 

though. 

Q Okay. Let's see if we've covered them all then. 

We've got Bexar with Tucker Gibson, so that's Format Two 

data and we'll have that shortly; ector, Format One: 

Galveston, Format One; Harris, you used Murray's updated 

estimates; Jefferson, Dr. Sanders. Do you know whether or 

not he has some updated information or what basis he's 

using, Dr. Sanders in Jefferson County? 

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A I'll have to go back. He wrote me a letter with 

it and I haven't read the letter yet. 

Q Actually explaining how to do it? 

A Right, right. 

Q Then if you'll make a copy of that letter 

available to us I'd appreciate it. Lubbock, you used 

format -- you think Dr. Pearson is using Format One -- 

A Yes. 

Q -- criteria, and he'll have that to you shortly 

and you'll make that available to us. 

A Right. 

Q McLennan, some updating based upon Quinn's 

information and you'll make that available to us. 

A Yes. 

Q Tarrant, Format One. Travis updating from the 

elections division, Format Two, and Midland is Format One. 

A Right. TI think one of these counties we started 

with a Format One and we might go into '82 with a Format 

One, but then we find out there's new information in '84 

let's say, and then we convert. So the '80 and '82 file 

in maybe one of these is Format One, and then it might go 

to a Format Two in '84 or '86. Do you see what I mean? 

Sometimes -- 

0 I understand. The stuff that is available on the 

computer disk, what program is it? Was it Lotus or some 

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other program? 

A Are you talking about the floppy disk? 

Q Yes. 

A I think that was Lotus 1-2-3. 

Q And basically you have a protocol that shows how 

that information was entered and then how to get it out of 

there? 

A I think so. But it might be easier if I called 

Tucker and told him that Bob was coming Monday to pick it 

up rather than me putting it in the mail Monday, whichever 

you prefer. I just happen to have -- I just happen to 

have the tape or the disk in my file, and it isn't going 

to serve me any purpose. 

Q Okay. Let me return you just for a minute to the 

exhibit on Dallas County. 

A Okay. 

Q Dr. Taebel, based upon your examination of the 

races that you looked at in Dallas County, were you able 

to draw a conclusion as to whether or not there was 

racially polarized voting between blacks and Anglos in 

Dallas County? 

A Well, there is always racially polarized voting. 

I mean there is -- 

Q Using the term racially polarized voting as you 

described it to me the other day in court? 

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Yes, I think so. 

Q Okay. What about block voting, is there block 

voting in Dallas County between blacks and white in 

judicial elections? 

A Well, there is block voting among whites as I 

said before. Basically you have a pattern, a clear 

pattern where whites vote almost uniformly along party 

lines. About 33 percent of the whites vote for Democrats, 

and about 60 percent vote for Republicans, and there's a 

percentage between five and ten independents who swing 

back and forth. So you have partisan block voting by 

whites without any question, and you also have substantial 

block voting by blacks as a whole and by Hispanics as a 

whole. 

Q Basically what that means is that blacks and 

Hispanics are voting in a very high percentage in the 

Democratic column and whites are voting racially about 

maybe -- 

A About one-third -- 

(Interruption in proceedings.) 

Q Have you been able to draw a conclusion on any of 

the other counties that we've talked about here today that 

is the subject of the suit? 

A Well, it seems to me clear as I said to you last 

time you deposed me, that it's a fairly safe hypothesis to 

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say that blacks and Hispanics, except for Miami, vote 

Democratic. We don't have to do humongous studies like 

these to show that. The data from all the polls clearly 

shows that blacks identify with the Democratic Party as 

well as Hispanics except for Cuban American-Hispanics, 

apparently they vote with the Republican Party, and that 

whites tend to be more split between the two parties. 

In Texas that split varies from one county to 

another. All you have to really do is look at the primary 

election voter turnout in Texas counties and you can get a 

pretty good estimate of how whites will split in terms of 

the general election. In Travis County, for example, you 

have a much higher proportion of whites who vote. You 

have a much higher proportion of people who vote in the 

Democratic Party than Midland County, so that is going to 

change some. 

Q You mentioned looking at these primary elections 

to determine how whites were splitting their vote. For 

all of these counties do you have the primary turnout 

rates for blacks, Hispanics and whites? 

A I didn't say that. What I said is all you have 

to do is look at the primary race in counties and you can 

pretty well project what the white vote is going to be in 

that county. For example, in Travis County the turnout 

rate in the Democratic primary is about 55 percent and the 

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Republican is 45 percent, I think. So if you assume, 

which I have been doing, that whites pretty much vote 

along the same lines, 33 to 66, you're going to find 

pretty much the same pattern. 

Q Is there any of these counties that's an 

exception to that? 

A Not that I -- like I said, that's an hypothesis. 

I can't think of any right offhand, but it seems to me 

that partisan identification is the strongest predictor of 

voting behavior there is. It far surpasses race as a 

predictor of voting behavior. 

Q And by race I take it you mean the race of the 

candidate, not the race of the voter? 

A The race of the -- that's right. ‘Actually 

partisanship prevails regardless of the race of the 

candidate. In fact, in Dr. Brischetto's chart in the City 

of Dallas case, you could see clearly when Mr. Canales was 

running he got zero percent of the Hispanic vote. He was 

running as a Republican. The complete reverse pattern was 

evident when another Hispanic was running as a Democrat. 

And that particular -- those examples clearly illustrate 

that virtually 100 percent of the variation is explained 

by partisanship. 

Q Do you think in black and Hispanic voters that 

the race parties are colinear? 

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A Blacks tend to be Democrats, that's right. 

Q So they are colinear? 

A Well, I don't know what you mean by colinear. 

Q Well, I mean if you analyze either blacks or if 

you analyze Democrats you're going to get the same 

results. 

A That's right, you're going to get exactly the 

same result because blacks vote as Democrats. 

Q Is the same true for Hispanics? 

A Well, as I said before yes, except in -- 

Q In Miami? 

A -- in Miami, but it's not as true. Hispanics 

have a -- are less, I don't mean this term -- well, I 

better not use it then. Hispanics don't vote as 

consistently as Democratic as the blacks do. 

Q Okay. Given your findings regarding party and 

voting patterns, what does that tell you about whether or 

not blacks and/or Hispanics have less opportunity than 

whites to elect judicial candidates of their choice? 

A It doesn't tell me anything really. 

Q So are you able to draw any conclusion based upon 

your studies as to whether or not blacks and/or Hispanics 

have less opportunity than whites to elect a judicial 

candidate of their choice? 

A I think in primarily Republican counties because 

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they're Democrats, they don't. In primarily Democratic 

counties, they can. 

Q They can. 

A But it's a function of what county you're 

operating in because those counties that are Republican 

like Dallas County, you're going to have -- it's going to 

be very unusual for a minority voter to have his or her 

candidate or the candidate of his or her choice elected to 

a partisan election because -- and for several reasons. 

Not only is partisanship a major predictor of voting 

outcomes, but more than 50 percent of the people 

straight-party vote, so they don't even vote for the 

candidate. They vote for the party. It's not even an 

issue of candidates anymore when you talk about partisan 

elections. It's an issue of what party do they prefer. 

Q Which of the counties would you identify as 

Republican other than Dallas? 

A Midland. 

Q Where else? 

A Well, I think I have a chart someplace, but those 

would be the two major ones. 

Q What about Harris? 

A I can't remember. I haven't looked at Harris 

enough except as I've been looking at this. 

Q Where is this chart? Have you got it with you? 

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A No. It was just a chart -- I think I used it in 

the 13th Judicial Court. 

Q Well, I mean you weren't dealing with the same 

set of counties here, I mean -- 

A Yes, I know. 

Q What I'm asking you is have you made a chart? 

A I have my own chart, but it's not for -- if 

you're asking me do I have a chart for this court case? 

Q Yes. 

A No, I don't. 

Q Do you intend to offer any evidence or any 

testimony on whether or not any of the counties that are 

involved in this case are primarily a Republican or a 

Democratic county? 

A I suppose so because I think we can find that 

Q Do you know it at this time? Do you have that 

information available? 

A I don't have it with me, but I have it available. 

Well, if you would, please, get that over to my 

I can explain how I did it. 

Okay. Why don't you tell me how you did it and 

can make the chart available to us. 

Basically you can take a look at a Texas Almanac 

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of 1986, that's the one I used, and it gives the voter 

turnout in the Republican primary and the Democratic 

primary, and you can add the two up and divide by one or 

the other and it gives you an estimate of what I would 

call a partisanship in that particular county. 

Q Did you use strictly '86, or did you go back and 

try to do an average over several years? 

A I just used '86, and as I recall I looked for '88 

and I couldn't find it or else it wasn't available. 

Q I assume you were making a trend -- I'm making an 

assumption that if there were a trend that it would be 

more nearly reflected in '86 or '88? 

A I didn't do any trend analysis. I just used '86 

for the moment. I didn't have time to. 

Q So if we looked in the Texas Almanac we could 

figure it out just as easily as you could? 

A Right. Right. 

MR. GARRETT: Let me have a minute with 

Bob. We may be getting close to finishing. 

(A break was taken.) 

Q Dr. Taebel, I'm looking at the list now that you 

gave me of elections that you've analyzed in these various 

counties. 

A I said those are the ones we want to analyze. 

Q I'm sorry. This is your wish list. 

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A Yes. Some are more than a wish, I think. If you 

see done on it or something like that, those might be on 

the computer, but I don't know. 

Q I understand. Since this is a case about 

district judge elections, did you have any criteria by 

which you were selecting races? Did you take district 

judges first, or exactly how did you go about it? 

A We took district judges first. 

Q And did you take all district judge races or only 

district judge races in which either a black or Hispanic 

were running? 

A In counties in which a black or a Hispanic was 

running, we took those first. If there were only a few, 

we took more. 

Q When you say more, that means a white on white 

race? 

A Right. In fact, in many we took a white on white 

because we wanted to see if white voters were voting 

against a candidate of their same party affiliation. In 

other words, whether or not white Democratic voters would 

support a white Democratic judge, but not a black 

Democratic nominee. Then we moved to county court at law 

races, again looking for minority candidates. 

Q And then did you use the same criteria to go down 

the line from there if you didn't find any or if you only 

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had a few minorities? 

A Right. 

Q What about in those counties where there were 

absolutely no minority candidates for either district 

judge or county court at law, what did you do then? 

A Well, in some cases, I think Ector might be a 

good example. 

Q Yes. 

A We used the judge in the 161st district race 

there who was white, but that was the only race where we 

could test whether the preferred candidate of minorities 

won Or lost. 

Q Why would you select that race? 

A It was a district judge race, and it was -- it 

was the only one that was contested. There weren't a lot. 

Most of them aren't even contested in Ector County. 

0 So if there were no minorities running in either 

district court or county court -- 

A Right. 

Q -— then you would select a contested district 

court race to look at, right? 

A Right. Or more than one usually. I mean this 

was the only one in Ector County we could find. By the 

way, I should also say that we, I think, uniformly 

selected the attorney general's race, the supreme court 

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race in '86 and '88, and the Martinez race in either one 

of those years or both of those years. I think those are 

on every file. 

Q Okay. So that was when Mr. Gonzales was running 

for supreme court when Martinez was running for the court 

of criminal appeals? 

A That's correct. 

Q And you say also the attorney general, and I see 

on here lieutenant governor and railroad commissioner in a 

couple of places, why would they be included? 

A We're looking at the Republican and Democratic 

vote, and those would be the head of the ticket 

indicators. Typically you would select the gubernatorial 

race, but that wasn't a typical year because Mark White 

lost. 

Q What about the attorney general, what's the 

reason for including that? 

A Because Mr. Berrera ran in that one. 

Q Berrera being a Hispanic Republican? 

A Right. 

Q And what does that test? 

A It test partisanship versus race. 

Q What about these courts? I see you've got court 

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A I think that was probably white on white because 

I don't recall any minority in Ector County. 

Q Do you know why you would have selected the court 

of appeals? 

A Again, we're looking at any race that could tell 

us something about the partisanship levels. 

Q So that would have been a contested 

Democratic-Republican race? 

A I believe so. 

Q What about the distinction between a general 

election and a primary, have you got any primary elections 

included in your analysis? 

A Yes, we do. We would use primaries I think 

whenever there was a minority candidate running. 

Q Okay. Regardless of which party? 

A I believe so. We, as you can see, used every 

race we could get our hands on. 

Q When you were looking at these primary races, did 

you make any kind of adjustment because it was a primary 

rather than a district court? 

A No. 

Q I didn't mean district court, I meant general 

election. 

A Jefferson County, by the way, votes about 90 

percent Democratic. 

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Q Wonderful. 

A That's where I'd like to live. 

Q Dr. Taebel, I think I'm finished. 

MR. GARRETT: Let me, Renea, reiterate 

with you what I understand is going to happen. 

Dr. Taebel is going to furnish to Dr. Brischetto 

the computer disks which will enable 

Dr. Brischetto to determine the layout or the 

Format One basis for analysis and also -- 

A That's not a computer disk. The Format One layout 

is -- are you asking me how to interpret the Format One? 

Q No, I'm asking in what form are we going to get 

the data? 

A I will give you a print-out. 

0 A print-out of the Format One data in each case 

where it was used? 

A Right, and the Format Two data. 

0 And the Format Two data will also, as I take it, 

include the updates that were done by the various people 

in the various counties, correct? 

A Format Two basically is a print-out for each 

year, '80, '82, '84, '86 and '88. Format One is basically 

'80 with a series of codes indicating the utility of each 

precinct in subsequent years. 

Q So in other words, what we're going to get is a   eee Je INDA_EIDD REPORTING SERVICE, JINC.     

 



  

  

  

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hard copy? 

A Right. 

Q That we can look at and say, for instance, in 

Tarrant County where you used Format One, if we were 

interested in an election for 1984, we would be able to 

read it across and determine which precinct had what 

ethnic composition, right? 

A Right. 

Q Okay. And you can make that available to us 

when? 

B I can run that Monday morning I suppose. Maybe 

tomorrow. I'm going to be in tomorrow and if my -- if I 

can find my people. 

Q Why don't you just, if you would, Fed Ex it to 

Bob. 

A Let me not do that. Let me just overnight 

express it. 1t's going to be a lot of paper. 

MR. HICKS: That's what he meant. 

He didn't mean fax it. 

THE WITNESS: Oh, okay. 

MR. GARRETT: Yes, Fed Ex instead of 

fax. 

Q Okay. I think that will be fine. And then these 

reports, I take it since the last deposition the only one 

that is anywhere near completion is Harris County; is that 

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right? 

A I'm not with you there. 

Q I said since we took the deposition two weeks 

ago, the only other one other than Dallas that is nearing 

completion is Harris County? 

A Well, actually the reason we worked on Harris 

County is we promised that as our first priority. 

Q I understand. 

A And the other ones are a lot shorter. Harris 

County has, I don't know how many election contests we 

have in there, but when we finish this we can easily do 

the other ones. When I say that I say that with some 

trepidation because -- well -- 

Q Well, I mean what I'm trying to determine now -- 

A There is many fewer elections in the other 

counties and the number of precincts is much smaller. And 

again, I'm holding out Bexar County as separate from what 

I'm doing. 

MR. GARRETT: I understand. Well, what 

I'm trying to figure out is, I think we're under 

an agreement that we're going to exchange 

exhibits on Monday. Is that right, Renea? 

MR. HICKS: Kind of, except Sherrilyn 

told me she wasn't going to be ready she 

thought. 

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MS. IFILL: Probably not till Tuesday. 

MR. HICKS: I've always said that I 

would go along with the deadline everybody else 

chooses. The deadline by which everybody else -- 

MR. GARRETT: Operates? 

MR. HICKS: Yes. 

MR. GARRETT: Okay. But all I'm trying 

to do is make sure that we can get this data into 

our hands sometime before Monday, the 18th. 

MR. HICKS: Okay. Sherrilyn can for 

the other counties. 

MR. GARRETT: Yes. 

MR. HICKS: Given what we send today we 

may not want to pay him to do it. 

MR. GARRETT: Nevertheless -- 

MR. HICKS: If he does it. That's what 

I'm saying though. What he does you all will 

get. 

MR. CLEMENTS: Sherrilyn, are you 

MS. IFILL: Is it my turn? 

MR. CLEMENTS: No. I was going to ask 

you a question. ‘It is your turn, I think, but 

I'm going to ask you a question first. When you 

say we're exchanging Tuesday, do you mean it's 

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going into Fed Ex or coming out? 

MS. IFILL: Hopefully coming out. 

I hope that I have everything by Monday. I 

want to send it out Monday night by Fed Ex. 

MR. CLEMENTS: Okay. Great. We'll get 

ours to you then also. 

MR. HICKS: That means Monday I've got 

MS. IFILL: In any case I'll send you 

whatever I've got. There may be one or two 

missing that I'll send either Tuesday or 

Wednesday. 

MR. CLEMENTS: Sherrilyn, are you 

envisioning exchanging hard copies of all the 

exhibits or just exhibit lists? 

MS. IFILL: You'll have the exhibit 

lists by Monday if I can get to Fed Ex today. 

I'm talking about hard copy. 

MR. CLEMENTS: Okay. We will fax our 

exhibit lists to you Monday and get you a hard 

copy. 

MS. IFILL: Okay. Fine. 

MR. CLEMENTS: Although I suspect we 

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MS. IFILL: Okay. Dr. Taebel? 

THE WITNESS: Yes. 

MS. IFILL: Do you want to take a break 

or are you ready to roll? 

MR. GARRETT: One more second. 

Q Dr. Taebel, is there any other county that you've 

actually finished that you've got one of these reports 

done for, other than Dallas and Harris? 

A No. 

Q Not even in a draft, it's just not done? 

A That's right. I mean I have -- I hope I have 

several in the process of being done. They're either at 

the typist ready to be typed up, or some of the print-outs 

might be done, but nothing's done -- I'll put it this way, 

there is no county that's even in a print-out stage I 

think that I have done. 

Q Well, I mean basically as I understand it, our 

agreement is as soon as they come off the press -- 

A You will get them. I'll Fed Ex them to Renea and 

he does with them what he wants. 

Q And he'll turn around and Fed Ex us one. 

MR. HICKS: Right. 

MR. GARRETT: Okay. Dr. Taebel, that's 

all the questions I have. 

MS. IFILL: I'm going to take a five 

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minute bathroom break. I'll be right back. 

(A break was taken.) 

CROSS-EXAMINATION 

BY MS. IFILL: 

Q Dr. Taebel? 

A Yes. 

Q Let's just go over this now. You said '88 is not 

included, and then you also said that not included are 

some control elections and you listed four here. 

A Right. We are including four additional 

elections. One for '82, one for '84, one for '86 and one 

for '88. These are as best I recall, judicial races in 

which a white is running against a white. 

Q Do you know exactly which races those are? 

A No, I do not. 

Q Okay. Now, why are you analyzing these races? 

A We are trying to determine whether the white vote 

that Democratic Party white voters gave to a white 

Democratic nominee differs from the white vote that they 

gave to a black or Hispanic Democratic nominee. 

Q These are all general election races? 

A Yes. 

Q Only for those four years then? 

A Yes. I don't think we could find one for '80 or 

else we just ran out of time, I'm not sure, but I believe 

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it's for '82, '84, '86 and '88. We've just added four 

white on white races. 

Q Can you tell me again what the 10-10 percent rule 

is or 10 percent-10 percent rule or whatever it is called? 

A Yes. It doesn't apply, of course, to Harris 

County because we're using the same data that Dr. Ingstrom 

is using. 

Q Okay. 

A Do you still want the 10-10 rule? 

Q Why don't you tell me what it is anyway. 

A Well, it's basically when a precinct is changed 

by more than 10 percent and the population of that 

precinct is less than 90 percent homogeneous, we do not 

use that precinct because the integrity, the racial 

composition -- the integrity of the racial composition 

is. -—- iis. ~-- bad. 

MR. HICKS: Undermined. 

A Undermined. 

Q The elections that you 4id for Harris County, 1 

mean the last time you were deposed you went through all 

those elections. 

‘A Yes. 

Q Did you add any elections besides the ones that 

you indicated? 

A No. 

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i. 

Okay. Now, I see in here there are primary 

elections. 

A Yes. 

Q You have done all primary elections in which a 

black or Hispanic candidate was running, or have you 

selected them? 

A I think we did them all in which they were 

contested. 

Q In doing this analysis of the primary and general 

elections that you have so far done, recognizing that you 

have not done the control election for those four years, 

have you reached any conclusions about the existence of 

racially polarized voting in Harris County? These are 

just the district judge elections. 

A No. I think if you overheard my discussion about 

Dallas County, I think that you have racially polarized 

voting. I think that blacks and Anglos and whites vote 

differently, and I think they vote differently along 

partisan grounds. I think I said -- 

Q In Harris County how do whites vote? 

A Well, it depends. The election results I'm 

looking at they vote around 35 percent Democratic in these 

races. There is a hard core Democratic vote in these 

races, about 35 percent, and the Republicans vote about 

55, 60 percent Republican as far as I can tell. 

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MR. HICKS: You mean the whites. 

THE WITNESS: I'm sorry. The whites 

vote about 55 percent Republican. 

The blacks? 

Blacks vote about 95 percent or more Democratic. 

Q And Hispanics? 

A Hispanics strongly support the Democratic Party, 

but as I think I also said, there are a lot more 

variations in the consistency in the patterns of Hispanics 

in voting for Democratic candidates. 

Q Do you have any percentage figure on Hispanics or 

A I would say in the general area of 85 to 90 

percent on the average. 

Q That's Democratic? 

A Democratic, right. Did I not say that? 

Q No, you didn't. 

A Hispanics tend to support -- I think I said 

before that throughout the United States and through all 

the election poll data that we have, clearly shows that 

Hispanics support the Democratic Party except for Cuban 

Americans. 

Q You indicated that you would be able to determine 

whether a particular county is more Republican or more 

Democratic by looking at the Texas Almanac. Have you done 

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that for Harris County? 

A I did it for all the counties, but I just don't 

recall what it is for Harris County. 

(Interruption in proceedings.) 

Q I forgot where we were. You haven't done it yet 

for Harris or you don't remember the figure? 

A I've done it for Harris, but I just don't -- I've 

done it for all the counties, but I just don't remember 

the Harris figure. 

Q On all the elections that you've analyzed, 

primary and general in Harris County, have you used 

bivariate regression analysis? 

A Yes. 

Q Have you used a multivariate regression analysis? 

A No. 

Q And have you done an extreme case or a homogenous 

precinct analysis? 

A No. 

Q You indicated that you were going to use these 

four control elections to try to determine whether the 

white vote received by the Democratic white candidate was 

different from the white vote received by the Democratic 

black candidate, is that an accurate summary of what you 

said? 

A Correct. 

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Q In the course of having analyzed elections for 

various cases in the past, have you ever done this kind of 

an analysis or looked for this kind of data? 

A This is the first election I've been in which 

involves partisan elections except for the 13th Judicial 

District, which was in South Texas, which was virtually a 

one-party area of the state. So this is the first 

election where I've looked at partisan elections. All of 

the others have been nonpartisan elections. 

MS. IFILL: Can you hang on, someone is 

ringing the bell and I'm the only one here. 

Can we go off the record? 

MR. HICKS: Yes. 

(A break was taken.) 

Q Dr. Taebel, you've already looked at primary 

elections and you've looked at general elections. In just 

looking at primary elections, why isn't that enough to 

tell you whether the white vote received by a black 

Democrat differs from the white vote received by a white 

Democrat? 

A Say that over again would you, please. Why isn't 

there enough? 

Q Okay. You looked at primary elections in Harris 

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Q I'm wondering why when you looked at a primary 

election, that didn't give you an answer to the question 

that you're seeking by doing these controlled general 

elections? 

A Because a primary election is one party. It 

doesn't tell us how voters of the same party treat a 

candidate of a different race, but of the same party. 

Q In looking at just the primary elections that 

you've done -- 

A Uh-huh. 

Q —— can you at least reach any conclusion about 

how white Democrats vote in terms of whether their votes 

differ in the support they give to white Democrats as 

opposed to black Democrats? 

A I think if I recall the primary elections, the 

white voters gave fairly substantial support to minority 

candidates. 

Q Can you make any determination or do you remember 

whether the support is the same for the black candidates? 

A I can't remember any specific case, but it seems 

to me there were a number of cases where white voters gave 

support in, and I can't recall what range, but what I 

would consider fairly substantial support for the minority 

candidates. 

Q Let me find one here. 

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B 

Well, take a look at 57, Page 57. 

l1've got that. 

A Now, here you see our estimate is that the vote 

for Jackson among whites was 29 percent. 

Q Uh-huh. 

A If you take a look at the fact that there were 

two, four, six candidates running for office, we would 

project that on the average each candidate would receive 

approximately one-sixth of the vote. In this case the 

white voters gave Jackson well over what would be 

considered a random number of votes. 

Q Uh-huh. Are there any primaries in which it's 

just black on white? 

A Well -- 

Q Excuse me? 

A I don't know. I'll have to look it up here. 

Here's one on Page 65 that is also very similar in terms 

of our analysis. You have three candidates running, 

including a black. 

Q Okay. 

A And all things being equal, you would expect the 

whites to cast about one-third of their votes for each. 

As it turned out, the white voters cast slightly more than 

that for Mr. or Ms. Lee. I don't know the -- 

Q Ms. Lee. Okay. What you're doing then for 

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control elections is you're trying to determine whether 

the entire electorate in the county differs in its support 

for white and black candidates within the same party? 

A That's correct. 

Q How soon do you think you're going to have that 

A Dear Lord. I hope to have it ready by Monday or 

Tuesday. I am just up to my ears in data. We are working 

all day today and all day tomorrow, and I hope to have 

that ready, but we just gave it to the keypunchers 

yesterday because we didn't have any kind of comparative 

way to assess that situation. 

Q Would it be possible on Monday for you to 

identify to me which elections -- which are the control 

elections; in other words, who the candidates are? 

A Yes. 

MS. IFILL: Okay. Renea, could we 

somehow get that on Monday by fax or something? 

MR. HICKS: Sure. 

I can just call you if you want. 

Sure. That would be great. 

What's your phone number? 

212 219-1900. 

Wait a second. 

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A 212. 

Q 219. 

A 219? 

Q Yes. 1900. 

A Okay. 

Q What about the '88 race that you have not 

analyzed yet? 

A We haven't analyzed the '82, '84, '86 or '88 

race. 

0 Those are the control elections, but you also 

said that '88 in general was not -- 

A Okay. Again, we should have that by Monday or 

Tuesday. 

Q The method that you used to analyze these 

elections in the ten or eleven counties, however many 

we're up to now, did the method you used in Harris County 

differ in any way from the method you used in Dallas or 

any other county? 

A Not the statistical method. The data that we got 

from Dick Murray differs a little bit from the others, but 

is the same data basically that Dick Ingstrom is using, 

but methodologically it's the same method. 

Q I think I asked you this last time, but let me 

ask you again. In light of the fact that there are a good 

number of contested district judge elections in Harris 

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County, and you indicated today that you pulled the 

district judge elections first. 

A Right. 

Q Why did you do all these other elections? 

A Which other elections? 

Q You know, a couple of other courts here. 

A We basically dealt with judicial elections in 

which minority candidates were running. 

Q Whether it was district court or county court at 

law? 

A Right. 

Q Now, are there any other elections besides 

judicial elections for Harris County? 

A I'll have to look through the index, it should be 

up front, to indicate. But if I recall correctly, in 

Harris County there were so many district court races that 

we didn't have to look at -- we had more than one would 

ever want to see again. But I don't see anything but 

judicial races in Harris County in the index. 

Q Okay. I don't think I have much more for you. 

The packet that you gave me and the control elections and 

the '88 elections, will that be the entire substance of at 

least the documentation you intend to rely on for this 

case, your testimony in this case? 

A Well, I have other documentation, I suppose, that 

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24 

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# Fy 52 

I received from Richard Murray that I haven't even taken a 

look at yet. 

Q Besides that can you think of anything else that 

you intend to prepare? 

A I don't intend to prepare any other documents if 

that's the question you're asking me, or do any other kind 

of statistical research if that's the question you're 

asking me. 

Q No. 

MR. HICKS: Sherrilyn, just to make it 

clear, there might be a summary exhibit or 

something like that based on the data you have. 

MS. IFILL: Based on what we have, and 

won't include any other elections or any other -- 

THE WITNESS: NO, it will not. VWell, 

I don't know what the other -- it will not 

include any other elections. 

Q But it may include some kind of conclusions based 

on Dr. Murray's data that you now have? 

A Right. 

MS. IFILL: Okay. That's it.  1f: 1 can 

just be assured that on Monday I'm going to have 

those elections identified for me. 

THE WITNESS: I will call you Monday. 

MS. IFILL: That's it. 

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2 ia 
MR. CLEMENTS: I have no questions of 

this witness at this time. 

(End of proceedings.) 

CORR ITCENDUM 

The witness, Dr. Delbert A. Taebel, states he wishes 

to make the following changes or corrections in his 

testimony as originally given: 

Page/Line Reason 

  

  

  

  

  

  

  

  

  

  

  

  

  

  

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Delbert A. Taebel 

STATE OF TEXAS ) 

COUNTY OF DALLAS ) 

Subscribed and sworn to, before me, by the said 

witness, Dr. Delbert A. Taebel, on this the day of 

y ©1989.   

  

NOTARY PUBLIC IN AND FOR 

THE STATE OF TEXAS 

My Commission expires:     le———— LINDA EIDD REPORTING SERVICE... INC.      



  

  

~ 
STATE OF TEXAS ) 

COUNTY OF DALLAS ) 

I, Barbara J. Anderson, a Certified Shorthand Reporter 

duly commissioned and qualified in and for the State of 

Texas, do hereby certify that, pursuant to the Notice 

hereinbefore set forth there came before me on the 9th day 

of September, 1989 at 3:15 p.m., at the offices of the 

Attorney General, 714 Jackson, Suite 700, Dallas, Texas, 

the following named person, to-wit, Dr. Delbert A. Taebel, 

who was by me duly sworn to testify the truth and nothing 

but the truth of his knowledge touching and concerning the 

matters in controversy in this cause; and that he was 

thereupon carefully examined upon his oath and his 

examination reduced to writing under my supervision; that 

to the best of my ability the deposition is a true record 

of the testimony given by the witness, same to be sworn to 

and subscribed by said witness before any Notary Public, 

pursuant to the agreement of the parties. 

I further certify that I am neither attorney or 

counsel for, nor related to or employed by, any of the 

parties to the action in which this deposition is taken, 

and further that I am not a relative or employee of any 

attorney or counsel employed by the parties hereto, or 

financially interested in the action. 

In witness whereof, I have hereunto set my hand and 

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affixed my CSR seal this 14H day of btn ’ 

1989. 

BARBARA J. ANDERSON, 

CERTIFIED SHORTHAND REPORTER 
CERTIFICATION NO. 3172 

  

My Commission expires: 12-31-89 

Taxable cost of this deposition: § dlt-SG 

To be paid by Plaintiff 
      LINDA EIDD REPORTING SERVICE, INC, 

   



  

Poge y Attorney Notes 

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

            
Compliments of 

LINDA EIDD REPORTING SERVICE, INC.