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Gonzalez V. Douglas Trial Transcript of Proceedings, Day 7 Seattle University School of Law Seattle University School of Law Digital Commons Fred T. Korematsu Center for Law and Equality Centers, Programs, and Events 7-18-2017 Gonzalez v. Douglas Trial Transcript of Proceedings, Day 7 Steven A. Reiss Weil Gotshal & Manges LLP Luna N. Barrington Weil Gotshal & Manges LLP David Fitzmaurice Weil Gotshal & Manges LLP Richard M. Martinez Law Office of Richard M. Martinez Robert Chang Fred T. Korematsu Center for Law & Equality James W. Quinn JW Quinn ADR, LLC Follow this and additional works at: https://digitalcommons.law.seattleu.edu/korematsu_center Part of the Civil Rights and Discrimination Commons Recommended Citation Reiss, Steven A.; Barrington, Luna N.; Fitzmaurice, David; Martinez, Richard M.; Chang, Robert; and Quinn, James W., "Gonzalez v. Douglas Trial Transcript of Proceedings, Day 7" (2017). Fred T. Korematsu Center for Law and Equality. 72. https://digitalcommons.law.seattleu.edu/korematsu_center/72 This Report is brought to you for free and open access by the Centers, Programs, and Events at Seattle University School of Law Digital Commons. It has been accepted for inclusion in Fred T. Korematsu Center for Law and Equality by an authorized administrator of Seattle University School of Law Digital Commons. For more information, please contact [email protected]. 1 1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE DISTRICT OF ARIZONA 3 NOAH GONZÁLEZ; JESÚS ) Case No. 4:10-cv-00623-AWT GONZÁLEZ, his father and ) 4 next friend, et al., ) ) 5 Plaintiffs, ) ) Tucson, Arizona 6 vs. ) July 18, 2017 ) 7 DIANE DOUGLAS, ) Superintendent of Public ) 8 Instruction, in her ) Official Capacity; et ) 9 al., ) ) 10 Defendants. ) ____________________________ ) 11 12 13 Before the Honorable A. Wallace Tashima 14 15 Transcript of Proceedings 16 Bench Trial Day 7 17 18 Proceedings reported and transcript prepared by: 19 A. Tracy Jamieson, RDR, CRR 20 Federal Official Court Reporter Evo A. DeConcini U.S. Courthouse 21 405 West Congress, Suite 1500 Tucson, Arizona 85701 22 (520)205-4266 23 Proceedings reported by stenographic machine shorthand; transcript prepared using court reporting software. 24 25 UNITED STATES DISTRICT COURT 2 1 APPEARANCES 2 On Behalf of the Plaintiffs: 3 Weil, Gotshal & Manges, LLP STEVEN A. REISS, ESQ. 4 DAVID FITZMAURICE, ESQ. LUNA N. BARRINGTON, ESQ. 5 767 Fifth Avenue New York, NY 10153-0119 6 (212) 310-8000 7 Law Office of Richard M. Martinez 8 RICHARD M. MARTINEZ P.O. Box 43250 9 Tucson, AZ 85733-3250 (520) 609-6352 10 11 JW Quinn ADR, LLC JAMES W. QUINN, ESQ. 12 120 W. 45th Street, 38th Floor New York, NY 10036 13 (646) 766-0073 14 Seattle University School of Law Ronald A. Peterson Clinic 15 Robert S. Chang, Esq. 1215 E. Columbia St., Law Annex 16 Seattle, Washington 98122-4130 (206) 398-4025 17 18 On Behalf of Defendants: 19 Office of the Attorney General Leslie Kyman Cooper, Assistant Attorney General 20 1275 W. Washington Street Phoenix, AZ 85007-2997 21 (602) 542-8349 22 Ellman & Weinzweig, LLC Robert Ellman, Esq. 23 330 E. Thomas Road Phoenix, AZ 85012 24 (480) 630-6490 25 UNITED STATES DISTRICT COURT 3 1 INDEX OF EXAMINATIONS 2 3 WITNESSES: PAGE 4 5 TOM HORNE 6 Direct Examination By Mr. Quinn 4 7 Cross-Examination By Mr. Ellman 121 8 Redirect Examination By Mr. Quinn 172 9 Recross-Examination By Mr. Ellman 183 10 11 STEPHEN PITTI 12 Cross-Examination By Mr. Ellman 187 13 14 15 16 17 18 19 20 21 22 23 24 25 UNITED STATES DISTRICT COURT 4 1 P R O C E E D I N G S 2 (Proceedings commenced at 9:12 a.m., as follows:) 3 THE COURT: Good morning, and let's all be seated, 4 please. Let me look at my notes now. Let's see. We finished 5 with the witness yesterday, Ms. Morley. I guess it's the 6 plaintiffs' next witness, right? 7 MR. QUINN: It is, Your Honor. 8 THE COURT: Would you call your next witness, please, 9 then. 10 MR. QUINN: The plaintiffs call Tom Horne as an 11 adverse witness. 12 THE COURT: Fine. Sir, would you step forward here 13 and be sworn, please. 14 TOM HORNE, WITNESS, SWORN 15 MR. QUINN: Good morning, Mr. Horne. 16 Your Honor, could I approach? I want to make sure 17 Mr. Horne has a copy of his deposition in front of him, to save 18 time. 19 THE COURT: Sure. 20 MR. QUINN: Thank you. 21 DIRECT EXAMINATION 22 BY MR. QUINN: 23 Q. Mr. Horne, do you know a man by the name of John Ward? 24 A. Yes, I do. 25 Q. He's a former Tucson Unified School District teacher, UNITED STATES DISTRICT COURT 5 1 correct? 2 A. Correct, yes. 3 Q. And he complained going back a decade about the MAS 4 program. 5 A. Yes. 6 Q. Correct? In fact, he went to the media about it, correct? 7 A. Correct. 8 Q. And you relied on his complaints to eliminate the MAS 9 program, didn't you? 10 A. In part, I did, yes. 11 Q. You cited Ward in your open letter in 2007, correct? 12 A. Yes. 13 Q. And you also cited Ward in your finding of a violation on 14 December 30th, 2010, correct? 15 A. Yes. 16 Q. And you are aware that Mr. Ward's last involvement with the 17 MAS program was back in 2002, weren't you? 18 A. I don't remember. 19 Q. You know that he filed a complaint against the MAS -- 20 several MAS teachers, correct? 21 A. I remember he filed a complaint against the district. 22 Q. And also against Sean Arce and Jose Gonzalez, correct? 23 A. If you tell me, I believe you. 24 Q. Why don't I just show you the complaint. 25 In his complaint he alleges that he -- his last contact UNITED STATES DISTRICT COURT 6 1 with the program was in December 2002. You have no reason to 2 disagree with that, do you? 3 A. I do not. 4 Q. And you knew that Mr. Ward was strongly opposed to the MAS 5 program, didn't you? 6 A. I did. 7 Q. And after Mr. Ward left the Tucson School District as a 8 teacher, he from time to time appeared with you at press 9 conferences when you were the Attorney General, correct? 10 A. I believe you. I don't remember it, but I did have a 11 relationship with him, and I did know him. So if you tell me I 12 did, I'll believe it. 13 Q. I'll tell you that you did, and we can all believe it 14 together. 15 A. Yes. 16 Q. And, in fact, as I mentioned, Ward actually sued the school 17 district and two former MAS educators for a million dollars in 18 damages, didn't he? 19 MR. ELLMAN: Objection. Relevance. 20 MR. QUINN: It will become relevant right now. 21 THE COURT: All right. I'll overrule the objection. 22 We'll see how far it goes. 23 You may answer the question, sir. 24 MR. QUINN: Thank you, Your Honor. 25 A. I knew he sued the district. I did not know how much UNITED STATES DISTRICT COURT 7 1 damages, but I'll believe you. 2 BY MR. QUINN: 3 Q. And you actually appeared at fundraisers for Mr. Ward in 4 helping him to raise money for the lawsuit, didn't you? 5 MR. ELLMAN: I renew my relevance objection. 6 MR. QUINN: Your Honor, it goes to his bias. 7 THE COURT: Well, it's pretty attenuated, you know. I 8 think I am going to sustain that objection. 9 BY MR. QUINN: 10 Q. Mr. Horne, obviously, you're a lawyer, correct? 11 A. Correct. 12 Q. And you practice law today, do you not? 13 A. Correct. I've been a lawyer for 45 years. 14 Q. I got you by one year. 15 A. I'm sorry? 16 Q. I got you by one year. 17 And you graduated from Harvard Law School back in the early 18 70s? 19 A. Correct. 1970. 20 Q. And you served as the superintendent for public instruction 21 in Arizona from 2002 to 2010, correct? 22 A. Correct. 23 Q. And then you served as Arizona's Attorney General from 2011 24 to 2014 or 2015, I guess whenever your term ended. 25 A. Yeah, January 2015. UNITED STATES DISTRICT COURT 8 1 Q. At one point you were also a member of the Arizona State 2 Legislature back in the 90s? 3 A. Yes, '96 to 2000. 4 Q. It's fair to say, Mr. Horne, that you played a key role in 5 the passage of Section 15-112, correct? 6 A. Correct. 7 Q. In fact, you wrote the first draft of the bill, didn't you? 8 A. Correct. 9 Q. And you had your staff at the Arizona Department of 10 Education lobby on behalf of the passage of the bill, correct? 11 A. Yeah. 12 Q. And you testified several times before the legislature in 13 support of the bill, correct? 14 A. Correct. 15 Q. And it's fair to say that you were instrumental in getting 16 it passed, correct? 17 A. Yes. 18 Q. Now, you also played a key role in the elimination of the 19 Mexican-American Studies Program in Tucson, correct? 20 A. Yes. 21 Q. You were an early critic to the program? 22 A.
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