Correspondence from Smiley to McGee and Neyhart Re: Joint Appendix

    State of North Carolina 

MICHAEL F. EASLEY Department of Justice 

ATTORNEY GENERAL P.O. BOX 629 REPLY TO: Tiare B. Smiley 

RALEIGH Special Litigation 
27602-0629 (919) 716-6900 

FAX: (919) 716-6763 

August 1, 2000 

Martin B. McGee 

Williams, Boger, Grady, Davis & Tuttle, P.A. 

Post Office Box 2 

Kannapolis, North Carolina 28082 
BY FACSIMILE AND U.S. MAIL 

Seth Neyhart 

Everett and Everett Law Firm 

Post Office Box 586 (Self-Help Building) 

Durham, North Carolina 27702 

Re: Cromartie Joint Appendix 

Dear Marty and Seth: 

For purposes of finalizing the joint appendix, we are setting a deadline of noon, Thursday, 

August 3, 2000 for you to provide us any additional designations as a result of materials we added 

based on your designations. 

With regard to your questions regarding what testimony is part of the trial record, our 

understanding is that the court admitted all Cromartie depositions in toto, in lieu of additional 

trial testimony. This broad expansion of the record rendered the designations of Cromartie 

depositions in the pre-trial order irrelevant, and complete copies of all these depositions were 

provided to the court. Thus, all the parties are free to put any portions of these transcripts in the 

joint appendix. 

However, you raise an interesting point with regard to the Shaw and Pope depositions and 

testimony. Although plaintiffs designated some of these materials for “proffer on cross- 

examination” in the pre-trial order, our investigation does not reveal that copies of Cohen’s Shaw 

testimony and deposition transcripts or Cohen’s Pope deposition transcript were ever submitted to 

the court in full, or that selected portions based on the designations ever were submitted. 

Plaintiffs’ failure to provide the court copies of this testimony renders the designations 

meaningless. Thus, our view is that none of the Shaw and Pope testimony was made part of the 

record and none of this testimony belongs in the joint appendix. If you still want to include any of 

this material in the joint appendix, please advise whether a copy of this testimony was ever filed 

 



  

McGee, Neyhart 

August 1, 2000 

Page 2 

or submitted to the Cromartie court, when it was filed or submitted and how it was filed or 

submitted. 

Sincerely, 

( ZA2_ 
are B. Smiley 

Special Deputy Attorney General 

TBS/cdf 

ce: Todd Cox 

Adam Stein