Letter from Everett to opposing counsel RE: Depositions of Winner and Church

    EVERETT & EVERETT 
ATTORNEYS AND COUNSELORS AT LAW 

  

  

SUITE 300 
R.O. EVERETT (1878-1971) 301 W. MAIN STREET 
KATHRINE R. EVERETT (1893-1992) 
ROBINSON O. EVERETT P.O. BOX 586 
DAWN T. BATTISTE DurHAM, NORTH CAROLINA 27702 TEL: (919) 682-5691 

FAX: (919) 682-5469 

OF COUNSEL 
ROBERT D. HOLLEMAN 

October 8, 1999 

VIA FACSIMILE AND U.S. MAIL 

Ms. Tiare B. Smiley 

Special Deputy Attorney General 

North Carolina Department of Justice 

Post Office Box 629 

Raleigh, North Carolina 27602-0629 

Mr. Adam Stein 

Ferguson, Stein, Wallas, Adkins, Gresham & Sumter, PA 

Suite 2, 312 W. Franklin St. 

Chapel Hill, NC 27516 

Mr. Todd Cox 

NAACP LDEF, Inc. 

1444 Eye St., NW 

Washington, DC 20005 

Re: Depositions of Leslie Winner and Frank Church 

Dear Tiare, Adam, and Todd: 

This letter is to follow up on our.conversation yesterday concerning the deposition of 

Senator Leslie Winner, and also to request materials from Mr. Frank Church at his deposition. 

We are grateful that Senator Winner is willing to waive her legislative immunity for the 

purposes of testifying concerning her role in the North Carolina General Assembly’s redistricting 

process for the 1997 plan. We understand that Senator Winner does not wish to be questioned 

concerning matters relating to the drawing up of the 1992 plan which are privileged under the 
attorney-client privilege of her legislative clients when she served in the capacity of their counsel 
for redistricting. 

We have decided to accept Senator Winner's offer to waive her legislative immunity in 

regards to the events leading to the formation of the 1997 plan in exchange for not questioning 

her regarding privileged matters related to the drawing up of the 1992 plan. In this regard, we 

 



  

Ms. Tiare Smiley 

Oct. 5, 1999 

Page 2 

will not ask her any questions about her role in the formation of that plan. Nor will we question 

her about the details of that plan, except insofar as they relate and compare to the 1997 plan, 

which according to a number of witnesses, was an attempt to preserve the cores of the districts in 

the 1992 plan. 

Accordingly, we request that Ms. Winner bring with her all correspondence she has saved 

concerning Congressional redistricting from July 1, 1993 through April 1, 1997, except for any 

correspondence protected by legislative or other privileges. Also, please have her bring any other 

materials related to Congressional redistricting between July 1, 1993 and April 1, 1997 that are in 

her possession or control, unless they are protected by legislative or other privileges. If this 

request is too burdensome, please let us know as soon as possible in order to work out an 

acceptable alternative arrangement. 

As I have recently informed Norma, Ms. Winner’s deposition is scheduled to take place 

9:15 A.M. on Thursday, October 14, 1999 in the law offices of Robinson, Bradshaw, and Hinson, 

P.A. located at 101 North Tryon Street, Suite 1900. We have also made arrangements to 

schedule a court reporter for that date and place. 

Also, please have Mr. Frank Church bring the following materials to his deposition on 

Monday, October 18, 1999. If a subpoena is necessary for Mr. Church to comply with this 

request, please advise us and we will prepare the proper documents. 

1. A list of all of Congresswoman Clayton’s campaign office locations for the 1992, 1994, 

1996, and 1998 primary and general elections. 

2. A list of all of Congresswoman Clayton’s campaign county chairmen for the 1992, 

1994, 1996, and 1998 primary and general elections. 

3. A list of all newspapers that Congresswoman Clayton’s campaigns have purchased 

political advertisements from in the 1992, 1994, 1996, and 1998 primary and general elections. 

4. A list of all radio stations that Congresswoman Clayton’s campaigns have purchased 

political advertisements from in the 1992, 1994, 1996, and 1998 primary and general elections. 

5. A list of all endorsements by names of all persons making a public endorsement of 

Congresswoman Clayton in the 1992, 1994, 1996, and 1998 primary and general elections. 

6. A copy of all Congresswoman Clayton’s campaign literature still in existence from the 

1992, 1994, 1996, and 1998 primary and general elections. 

 



  

Ms. Tiare Smiley 

October 5, 1999 

Page 3 

7. A copy of all direct mail that Congresswoman Clayton has sent out to over 500 

persons in a single mailing in the 1992, 1994, 1996, and 1998 primary and general elections. 

Thank you for your cooperation in these matters. 

Sincerely, 

/ 
Tl    

Robinson O. Everett 

Attorney for Plaintiffs