0001 1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE DISTRICT OF HAWAII 3 4 ___________________________________ ) 5 SUSAN K. FORSYTH, Individually, ) CIVIL NO.: 95-00185ACK and as Personal Representative ) 6 of the Estates of June M. ) Forsyth and William D. Forsyth, ) 7 and WILLIAM F. FORSYTH, JR., ) ) 8 Plaintiffs, ) ) 9 vs. ) ) 10 ELI LILLY AND COMPANY, an ) Indiana corporation; DISTA, ) 11 INC., an Indiana corporation; ) UNITED STATES OF AMERICA; and ) 12 ) Defendants. ) 13 ___________________________________) 14 15 Deposition noticed by: ANDREW SEE, ESQ. 16 17 18 DEPOSITION OF DEBORAH MICHALEK 19 Taken on behalf of Defendants at Iwado Court Reporters, Inc., 20 2233 Vineyard Street, Wailuku, Maui, Hawaii, commencing at 21 10:03 a.m. on March 6, 1996 pursuant to Notice. 22 23 24 25 REPORTED BY: GLORIA T. TAVARES, RPR/CSR #262 IWADO COURT REPORTERS, INC. 0002 1 A P P E A R A N C E S 2 3 For the Plaintiffs Susan K. Forsyth and William F. Forsyth, Jr.: 4 William J. Downey, III, Esq. 5 Kananack, Murgatroyd, Baum & Hedlund 12100 Wilshire Blvd., Suite 950 6 Los Angeles, California 90025-7106 7 8 For the Defendants Eli Lilly and Company and Dista, Inc.: 9 Andrew See, Esq. Shook, Hardy & Bacon 10 One Kansas City Place 1200 Main Street 11 Kansas City, Missouri 64105-2118 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IWADO COURT REPORTERS, INC. 0003 1 I N D E X 2 EXAMINATION BY: PAGE 3 4 Mr. See 4 5 6 7 8 9 10 11 NO EXHIBITS 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IWADO COURT REPORTERS, INC. 0004 1 (Pursuant to Rule 14 of the Rules Governing 2 Court Reporting in Hawaii, the Reporter's Disclosure was made 3 and is attached hereto.) 4 * * * 5 DEBORAH MICHALEK 6 called as a witness by and on behalf of Defendants having been 7 sworn to tell the truth, the whole truth and nothing but the 8 truth, was examined and testified as follows: 9 EXAMINATION 10 BY MR. SEE: 11 Q. Would you state your name and spell your last name, 12 please? 13 A. Deborah Michalek, M-I-C-H-A-L-E-K. 14 Q. Your residence address, please, ma'am? 15 A. XXXXXXXXXXXXXXXXXXXXXXX. 16 Q. Your social security number? 17 A. XXXXXXXXXXX. 18 Q. Ms. Michalek, my name is Andy See. I'm a lawyer, 19 and I represent Eli Lilly and Company in a lawsuit that 20 Bill and Susan Forsyth brought against my client Eli Lilly. 21 I am going to be asking you some questions here 22 today. One of the first things I would like to ask you is, if 23 there's any time I ask you a question that you don't 24 understand, would you stop and tell me? 25 A. Yes. IWADO COURT REPORTERS, INC. 0005 1 Q. Have you had your deposition taken before today? 2 A. No. 3 Q. Have you given sworn testimony in court at any time? 4 A. Yes. 5 Q. How many times have you done that? 6 A. Three. 7 Q. What's the most recent time? 8 A. About a year ago. 9 Q. Where did you give that testimony? 10 A. Here in Wailuku. 11 Q. Maui County? 12 A. Um-hm. 13 Q. What was that about? 14 A. A girlfriend's boyfriend beating her up. 15 Q. And you were a witness to that? 16 A. No. I was just a friend. 17 Q. What was the substance of your testimony on that 18 occasion? 19 A. Gosh, oh, that I knew about the relationship. 20 Q. When was the time before that you gave testimony? 21 A. About five years ago. 22 Q. Where was that, please? 23 A. Lahaina. 24 Q. What court is there in Lahaina? 25 A. It's right there in Wahikuli at the civic center. IWADO COURT REPORTERS, INC. 0006 1 Q. What did you give testimony about five years ago in 2 Lahaina? 3 A. I had a restraining order against someone. 4 Q. What was the substance of your testimony regarding 5 that event? 6 A. The person I was having the order put against I was 7 testifying on harassment towards me. 8 Q. What's that person's name, please? 9 A. Sandy Elliott. 10 Q. Does that person -- is that person still on Maui? 11 A. I don't believe so. 12 Q. And the first time you gave sworn testimony was 13 where, please? 14 A. L.A. County. 15 Q. When was that? 16 A. 1971 probably. 17 Q. And what was that about? 18 A. A law officer beating a man up on the street. 19 Q. And you were a witness? 20 A. (Nods head.) -- Yes. 21 Q. You have to keep in mind the court reporter cannot 22 record nods of the head or "uh-uh" or "uh-huh." We have to give 23 a verbal answer, if you will, please. 24 A. Yes. 25 Q. You understand that you've taken an oath to tell the IWADO COURT REPORTERS, INC. 0007 1 truth today? 2 A. Yes. 3 Q. And that you are giving testimony here today just as 4 you would as if you were in a courtroom before a judge and a 5 jury. 6 A. Yes. 7 Q. Do you have brothers and sisters? 8 A. Yes. 9 Q. How many? 10 A. One brother, five sisters. 11 Q. Do any of them live on Maui? 12 A. Yes. 13 Q. How many? 14 A. One. 15 Q. Who is that? 16 A. Kim Forsyth. 17 Q. Do any of your other siblings live in Hawaii? 18 A. No. 19 Q. Are they in California? 20 A. Some. 21 Q. You are not native to Hawaii? 22 A. No. 23 Q. When did you move to Hawaii? 24 A. 1972. 25 Q. Did you come to Maui at that time? IWADO COURT REPORTERS, INC. 0008 1 A. Correct. 2 Q. Had you lived on Maui ever since? 3 A. Yes. 4 Q. How long have you lived at your present address? 5 A. Roughly five years maybe. 6 Q. In those five years, has anyone lived with you there 7 at that address? 8 A. Yes. 9 Q. Who is that, please? 10 A. Joe Romans. 11 Q. Could you spell the last name? 12 A. Romans, R-O-M-A-N-S. 13 Q. Does Mr. Romans live there now? 14 A. No. 15 Q. What was the period of time that he lived with you? 16 A. A month maybe. 17 Q. When? 18 A. About a year and a half ago. 19 Q. Somewhere in '94? 20 A. I think April -- part of March -- part of April '94. 21 Q. Of '94? 22 A. Oh, maybe '95. God, I can't remember. It was 23 temporary housing for him, so -- 24 Q. It was after the death of Mr. and Mrs. Forsyth? 25 A. Oh, yeah -- '95. IWADO COURT REPORTERS, INC. 0009 1 Q. Your sister Kim is married to Mr. Bill Forsyth? 2 A. Yes. 3 Q. When did they marry? 4 A. Eleven years ago I think. 5 Q. Around '85? 6 A. I don't remember, I have too many sisters. 7 Q. Did they get married on Maui? 8 A. Yes. 9 Q. Ms. Michalek, today is my opportunity as the 10 attorney representing Eli Lilly and Company. I'd like to ask 11 you questions about what you might know about the circumstances 12 of the death of Bill and June Forsyth. Do you understand that? 13 A. Um-hm, yes. 14 Q. First of all, let me ask you, when did you last see 15 Bill Forsyth, Sr. alive? 16 A. Two or three weeks before he died. 17 Q. Where did you see him at that time? 18 A. Lahaina Nautilus gym. 19 Q. And were you there working out? 20 A. Um-hm. 21 Q. Was he there working out? 22 A. Yes. 23 Q. Did you know whether Mr. Forsyth worked out on a 24 regular basis at the Nautilus gym in Lahaina? 25 A. I don't know. IWADO COURT REPORTERS, INC. 0010 1 Q. Did you see him there on occasions other than the 2 one that you just talked about? 3 A. Yes. 4 Q. Do you know whether Mr. Forsyth worked out at the 5 gym with anyone else in particular? 6 A. Yes. 7 Q. Who was that? 8 A. Bill. 9 Q. His son, Bill? 10 A. Yes. 11 Q. What time of day did you see him there? 12 A. Afternoon. 13 Q. Did Mr. Forsyth, Sr. workout with anyone other than 14 his son, Bill, that you know about? 15 A. I don't know. 16 Q. Since Bill and June Forsyth moved to Maui, would you 17 describe for me, please, your contact with them; that is, how 18 often did you see them, what kinds of occasions were they, and 19 that sort of thing. 20 A. I would see them every Sunday at church, sometimes 21 for breakfast afterwards. Holidays; if I was on the island, 22 around about town, in the store, gym, or Bill and Kim's house. 23 Q. Would you say that you knew Mr. Forsyth, Sr. well? 24 A. Well enough. 25 Q. There has been testimony in this case that IWADO COURT REPORTERS, INC. 0011 1 Mr. Forsyth, Sr. became depressed sometime in 1992. My 2 question for you is, did you notice that Mr. Forsyth had become 3 depressed? 4 A. I wasn't around him enough to notice. I was told. 5 I remember when he was -- I mean, but I don't know if it was -- 6 I don't know what year it was. It wasn't long. 7 Q. You mean the time that you knew he was depressed was 8 not very long? 9 A. Yeah. 10 Q. Not from what you were told, but from what you 11 observed yourself in seeing him and talking with him, what did 12 you notice, if anything, during the times that he was 13 depressed? 14 A. Upset. 15 Q. There has been testimony that during those times 16 Mr. Forsyth, Sr. was not as mentally sharp as he had been. Did 17 you notice that? 18 A. Not at all. 19 Q. Did you notice, during the times Mr. Forsyth, Sr. 20 was depressed, that he had difficulty concentrating? 21 A. No. 22 Q. There had been testimony about Mr. Forsyth, Sr. 23 having panic attacks. Did you ever see him have a panic 24 attack? 25 A. No. IWADO COURT REPORTERS, INC. 0012 1 Q. Have you ever heard anybody talk about Mr. Forsyth 2 having panic attacks? 3 A. No. 4 Q. There has been testimony that Mr. Forsyth had a 5 problem with anxiety; that is, he was anxious and worrying. 6 Did you see him when he displayed that condition? 7 A. No. 8 Q. Was there a time when you observed Mr. Forsyth that 9 he appeared to you to be withdrawn; that is, not mixing 10 together with people, not carrying on conversations, that kind 11 of thing? 12 A. Yes. 13 Q. What did you observe about that? 14 A. One incident he was just quiet. 15 Q. You say there was one incident? 16 A. That I talked to him. 17 Q. When was that? 18 A. I don't know. Probably -- oh, God, I don't know, 19 shortly before he died. 20 Q. Where were you when you talked to him? 21 A. Church. 22 Q. And you say you noticed that he was quiet? 23 A. Yes. 24 Q. By that, do you mean that he wasn't engaging in 25 conversation as he had previously? IWADO COURT REPORTERS, INC. 0013 1 A. He was standing by himself. 2 Q. Was that unusual for him? 3 A. He was usually -- I don't know if it was unusual or 4 not, he was just standing by himself and I went and talked to 5 him. 6 Q. What did you talk about? 7 A. I said how are you. 8 Q. What did he say? 9 A. He said he was hanging in there. 10 Q. Did he appear sad to you at that time? 11 A. Yes. 12 Q. Was there anything else about that conversation that 13 you can recall? 14 A. Um. 15 Q. Anything else said? 16 A. He said he was hanging in there -- no. A very short 17 conversation, he was hanging in there, but he was working 18 through it. Something like that. 19 Q. There has been testimony that during the times that 20 he was depressed, Mr. Forsyth had a low energy level. Did you 21 notice anything about that? 22 A. No. 23 Q. Is Kim your older or younger sister? 24 A. Younger. 25 Q. How old is she right now? IWADO COURT REPORTERS, INC. 0014 1 A. Forty-one. 2 Q. What is your age, please? 3 A. Forty-two. 4 Q. Now, other than what we have already talked about, 5 is there anything else that you yourself noticed, either by 6 seeing Mr. Forsyth or by talking to him about his condition or 7 a change in his condition during the time that he was 8 depressed? 9 A. No. 10 Q. If you had to describe him to another person, during 11 the time he was depressed, what description would you give? 12 A. I wasn't around him enough during that time. He was 13 always a very energetic, happy man with me. The last time I 14 saw him he was very happy, energetic, working out at the gym. 15 Q. Now, you said earlier that you had been told about 16 Mr. Forsyth's condition. Who told you anything about that? 17 A. Might have been June, or it might have been my 18 sister. 19 Q. Let me ask you first about what you may have heard 20 from June Forsyth. What do you recall that she told you? 21 A. He went to California, and they were working through 22 some marital problems. 23 Q. Did you have this conversation with her during the 24 time Mr. Forsyth was in California? 25 A. Yes. IWADO COURT REPORTERS, INC. 0015 1 Q. So Mrs. Forsyth was at their home by herself? 2 A. We were having breakfast out, out at a restaurant. 3 Q. Did she ever tell you anything about their marital 4 problems? 5 A. No. 6 Q. Did she tell you anything else during that 7 conversation at breakfast? 8 A. That he had told her he was in California and it had 9 nothing to do with her. He still loved her. That's all I can 10 remember. 11 Q. Did Mrs. Forsyth tell you that Mr. Forsyth had gone 12 to California without telling her? 13 A. Yes. 14 Q. Did she talk about how she felt about that or -- 15 A. Surprised. 16 Q. Did she tell you how she was thinking about their 17 marriage or their marital problems? 18 A. No. 19 Q. Anything else during that conversation? 20 A. She didn't like what the pastor had to say to her. 21 Q. What was that? 22 A. I don't know. She just didn't like his advice, 23 whatever it was. 24 Q. So she told you she had talked to the pastor? 25 A. (Nods head.) IWADO COURT REPORTERS, INC. 0016 1 Q. Was this about the marital situation? 2 A. I imagine. 3 Q. She related to you that she didn't like his advice? 4 A. Yes, she did relate that. 5 Q. Who was the pastor at that time? 6 A. Mark Barrett. 7 Q. Now, we talked about all of the substance of that 8 conversation, or was there something else during that talk? 9 A. No. I just thought that was amusing that she didn't 10 care for his counsel. 11 Q. Any other occasion that Mrs. Forsyth talked with you 12 or in your hearing about Mr. Forsyth's condition? 13 A. No. 14 Q. Just the one time, then? 15 A. (Nods head.) 16 MR. DOWNEY: Is that a yes? 17 THE WITNESS: Yes. 18 Q. (By Mr. See) Have you had or did you have, during 19 the Forsyth's lifetime, conversations with your sister Kim 20 about Mr. Forsyth's condition? 21 A. Briefly. 22 Q. What did she tell you? 23 A. That he was depressed. 24 Q. Do you recall when she told you that? 25 A. No -- let's see, maybe January, February. IWADO COURT REPORTERS, INC. 0017 1 Q. Prior to their deaths? 2 A. Yeah. 3 Q. So that would be '93? 4 A. Probably. I don't really know actually. 5 Q. Don't recall exactly when? 6 A. No. It wasn't over a long period of time, I know 7 that. Yeah, I think it was probably the beginning of the year. 8 Q. And did Kim give you any detail or any other 9 information about Mr. Forsyth's condition? 10 A. No. Just that he was sad and depressed. 11 Q. Did Kim tell you anything about Mr. Forsyth getting 12 any treatment for his problem? 13 A. No. 14 Q. Do you know anything about Mr. Forsyth going to any 15 doctors or getting any treatment for his depression? 16 A. I knew he was seeing a psychiatrist. 17 Q. How did you know that? 18 A. June's best friend told me. 19 Q. Who was that? 20 A. Bobbi Comstock. 21 Q. What did Bobbi Comstock tell you? 22 A. He was seeing a psychiatrist friend of hers -- oh, 23 June said that he was counseling with Rick Ryan in Santa 24 Barbara. 25 Q. With Rick Ryan? IWADO COURT REPORTERS, INC. 0018 1 A. Ryan. 2 Q. Mr. Ryan, a pastor of your church? 3 A. He was. 4 Q. Did you understand that Mr. Forsyth was counseling 5 with Rick Ryan during the time he was in Los Angeles? 6 A. That's what I believe I was told. 7 Q. Do you know if Mr. Ryan is living in Santa Barbara 8 today? 9 A. Yes, he is. 10 Q. Does he have a church or a congregation? 11 A. Yes. 12 Q. What is that? 13 A. Calvary of Santa Barbara. 14 MR. DOWNEY: C-A-L-V-A-R-Y. 15 Q. (By Mr. See) Mrs. Comstock told you that 16 Mr. Forsyth was seeing a psychiatrist who also happened to be a 17 friend of hers? 18 A. That's how I understood it. 19 Q. What else did you learn or people tell you about 20 Mr. Forsyth getting any treatment for his problem? 21 A. That's all. That's all. 22 Q. For example, did Bill Forsyth talk to you at all, 23 during his parents' lifetime, about his dad getting treatment 24 for his problems? 25 A. No. IWADO COURT REPORTERS, INC. 0019 1 Q. And Kim did not talk to you about Mr. Forsyth 2 getting treatment for his problems? 3 A. Not that I recall. Um -- right. 4 Q. Have you, since the Forsyths' deaths, learned 5 anything about Mr. Forsyth getting treatment for his problems? 6 A. Yes. 7 Q. What have you learned, since their deaths, about 8 that? 9 A. That he was on Prozac. 10 Q. How did you find that out? 11 A. Someone told me, either Bill or Kim. Someone told 12 me. 13 Q. Did you learn anything else about any treatment 14 Mr. Forsyth was getting? 15 A. He went to Castle hospital, and that's all I knew. 16 Q. Was either Bill or Kim your source of information 17 about that? 18 A. I don't think so. I don't remember. My mother may 19 have told me or Bobbi may have told me or my sister. I don't 20 really remember who told me. 21 MR. DOWNEY: Speak up a little. The fan is going, 22 and it's hard for her to hear. 23 THE WITNESS: Okay. 24 Q. (By Mr. See) What is your mother's name? 25 A. Patsy. IWADO COURT REPORTERS, INC. 0020 1 Q. Her last name? 2 A. Fuchs, F-U-C-H-S. 3 Q. Where does she live? 4 A. California. 5 Q. Whereabouts? 6 A. Torrance. 7 Q. Is she married? 8 A. Yes. 9 Q. What is her husband's first name? 10 A. Jack. 11 Q. Fuchs? 12 A. Correct. 13 Q. Has your mother told you anything else about 14 Mr. Forsyth's illness or the circumstances of his death? 15 A. No. 16 Q. So what else have you learned about that, about 17 circumstances of their deaths and Mr. Forsyth's medical 18 treatment, if anything? 19 MR. DOWNEY: Objection, compound. 20 THE WITNESS: Say that again? 21 Q. (By Mr. See) You told me that with respect to 22 Mr. Forsyth getting treatment, you learned that he was on 23 Prozac, and you've learned that he went to Castle Medical 24 Center. 25 A. Right. IWADO COURT REPORTERS, INC. 0021 1 Q. Did you learn anything else about Mr. Forsyth 2 getting treatment for his problems? 3 A. I learned that he wanted off the Prozac. 4 Q. Who told you that? 5 A. My brother-in-law. 6 Q. Bill Forsyth? 7 A. (Nods head.) 8 Q. What did he tell you about that? 9 A. That he requested to be taken off, that the nurses 10 wanted to take him off, but the doctor didn't. 11 Q. This would be the nurses at Castle? 12 A. I assume. 13 Q. Anything else about Mr. Forsyth's stay at Castle 14 that you learned? 15 A. Just that he wanted off it because it was making him 16 nuts, and that the doctor told him to sleep on it, he had to 17 adjust to it. And that they sent him home that night and the 18 next day they were dead. 19 Q. All of this you learned from Bill Forsyth? 20 A. Correct. 21 Q. Now, I want to continue to ask you about whatever it 22 was you may have learned about Mr. Forsyth's treatment. You've 23 told us now several things. Is there anything else that you've 24 learned from anyone regarding Mr. Forsyth's treatment? 25 A. No. IWADO COURT REPORTERS, INC. 0022 1 Q. There has been testimony that Mr. Forsyth was taken 2 by his son, Bill, and his wife, June, from Maui to Oahu to go 3 into the Castle Medical Center on February 24 of 1993. My 4 question for you is, did you know that he had gone to the 5 hospital on February 24? 6 A. Not until after. 7 Q. So that day you didn't know anything about it? 8 A. Uhm-uhm. 9 Q. Your sister hadn't called you and told you about it? 10 A. No. 11 Q. When was the first time you knew that Mr. Forsyth 12 had gone into the hospital? 13 A. Possibly -- possibly a few days after, a day after. 14 Q. What did you learn at that time? 15 A. That he had admitted himself to Castle hospital. 16 Q. Who told you that? 17 A. I don't know. 18 Q. What was the next thing you learned about 19 Mr. Forsyth and his condition? 20 A. He was dead. 21 Q. During the time that he was in Castle Medical 22 Center, had you gotten any calls from your sister or any other 23 family members about how he was doing? 24 A. No. 25 Q. There has been testimony that Mr. Forsyth was IWADO COURT REPORTERS, INC. 0023 1 discharged from Castle on March 3rd and came back from Maui 2 with his wife on that day. Did you know he had gotten out of 3 Castle? 4 MR. DOWNEY: Objection, vague as to time. 5 Q. (By Mr. See) On March 3rd, that's the day he came 6 back to Maui. 7 A. I don't believe I was told that. I don't know, I 8 can't remember. 9 Q. When was the next communication that you had 10 regarding the Forsyths? 11 A. I didn't. 12 Q. You didn't? 13 A. Oh, you mean from somebody? 14 Q. Yes. From somebody. 15 A. The night they were killed; the night they died. 16 Q. Did you get a communication from someone at night? 17 A. No. I was going up to June's house to pick 18 something up. 19 Q. What time of day was this? 20 A. Sunset. 21 Q. And what happened when you went up there? 22 A. The street was blocked off and there were a few 23 police cars on the street. And someone came up to me and said 24 are you all right. At that point, I didn't know. 25 Q. What happened then, as far as you observed? IWADO COURT REPORTERS, INC. 0024 1 A. Well, this woman that came up to me was part of a 2 Bible study so I realized it had something to do with June. 3 When she said, are you all right, then I put it together that 4 something was wrong. 5 Q. Did you know this lady? 6 A. Yeah. 7 Q. Who was it? 8 A. I can't remember her name. She doesn't live here 9 anymore. 10 Q. It was one of the ladies that met -- 11 A. It was one of June's friends. 12 Q. That met with June at the Bible study group? 13 A. (Nods head.) 14 Q. You have to answer. 15 A. Yes. 16 Q. Did you meet with that Bible study group? 17 A. No. 18 Q. Never did? 19 A. No. 20 Q. What happened then, as far as you were concerned? 21 A. I realized that they were dead and I didn't know 22 what had happened. 23 Q. What did you do then? 24 A. I tried to talk to the police officer. And I saw 25 Bill, and I said, "Should I go to the house?" IWADO COURT REPORTERS, INC. 0025 1 And he said, "No." 2 Q. When you said "the house," you meant Bill's house? 3 A. (Nods head.) 4 MR. DOWNEY: Yes? 5 THE WITNESS: Yes. 6 Q. (By Mr. See) What did you do? 7 A. I stayed there and sat with Bobbi, June's best 8 friend. 9 Q. She was upset? 10 A. Extremely. 11 Q. What else happened that evening? 12 A. I went home after a while and called my mom and told 13 her that they were dead. 14 Q. Is that the first time your mother learned that? 15 A. Yes. 16 Q. That evening, had you learned anything about the 17 circumstances of their deaths? 18 A. No. 19 Q. Were you ever contacted by the police? 20 A. No. 21 Q. Have you personally done anything to look into the 22 circumstances of the deaths of Mr. and Mrs. Forsyth? 23 A. No. 24 Q. Other than talking with your sister Kim and Bill 25 Forsyth, Jr., have you spoken with anyone else on Maui about IWADO COURT REPORTERS, INC. 0026 1 the circumstances of the Forsyths' deaths? 2 A. Bobbi. 3 Q. That would be that evening? 4 A. Oh, that evening. 5 Q. When you talked to Bobbi that evening you said; 6 right? 7 A. I tried to comfort her. 8 Q. Did you talk with her, with Bobbi, later on about 9 the circumstances of the Forsyths' deaths? 10 A. Yes. 11 Q. What were those conversations about? 12 A. Basically trying to find out what happened. 13 Q. And did you find out anything? 14 A. Well, yeah, eventually did. 15 Q. What did you find out? 16 A. That Bill had stabbed June and then himself. 17 Q. Did you learn that from Bobbi? 18 A. I don't know. I learned it from maybe Arza Brown, 19 he contacted me. He's a pastor. 20 Q. Spell the first name. 21 A. A-R-Z-A. 22 Q. Where is Mr. Brown a pastor at? 23 A. I think it's called Grace Baptist. 24 Q. How was it that he contacted you, do you know? 25 A. He called to see how I was doing. IWADO COURT REPORTERS, INC. 0027 1 Q. You knew him before? 2 A. (Shakes head side to side.) 3 Q. He just called you out of the blue? 4 A. (Nods head.) -- Yes. 5 Q. Since the time of the Forsyths' deaths, have you 6 learned anything else about the circumstances of how they died 7 from talking with anybody, talking with anybody else? 8 A. Nothing more than what I originally knew. 9 Q. And particularly, have you learned from any source 10 what caused Mr. Forsyth to do what he did? 11 A. Yes. 12 Q. What did you learn about that? 13 A. Prozac. 14 Q. And where did you learn that? 15 A. Bobbi, my brother-in-law, my sister. 16 Q. What did Bobbi tell you on that topic? 17 A. Um, I don't recall. I think mostly -- 18 MR. DOWNEY: Speak up. 19 THE WITNESS: I don't recall specifics. 20 Q. (By Mr. See) Okay. Can you tell us generally what 21 Bobbi told you about that? 22 A. Maybe I didn't learn it from Bobbi, she might have 23 just told me that he was on Prozac, because she knew about 24 their relationship. And I knew from Bill and Kim after he died 25 that -- just that he didn't like it, it made him nuts. Being IWADO COURT REPORTERS, INC. 0028 1 familiar with Prozac from other friends, I believed him. 2 Q. So was it your sister Kim and her husband, Bill, 3 that told you that Mr. Forsyth didn't like Prozac, that it made 4 him nuts. 5 A. Bill told me that he couldn't sleep and he had 6 nightmares. He was afraid he might do something -- he was 7 afraid he might do something. He wanted off it. 8 Q. There had been testimony that Mr. Forsyth, Sr. was 9 taking a medicine for his anxiety called Xanax, and that he 10 wanted to get off of the Xanax. My question for you is, when 11 you said Bill told you that his dad wanted to get off, could he 12 have been referring to Xanax? 13 A. Xanax was never ever mentioned to me. 14 Q. Now, you said you had gotten information about 15 Prozac from friends that had been on it. What have those folks 16 told you about it? 17 A. My ex-boyfriend was on Xanax and Prozac. 18 Q. What did you learn about that? 19 A. He was a monster; he was like Dr. Jekyl and 20 Mr. Hyde. I tried to keep telling him to get off of the drugs. 21 Q. Do you have any other information about Prozac 22 from -- 23 A. Couple of other friends. 24 Q. What have they told you? 25 A. A couple of friends were both on Prozac; boyfriend IWADO COURT REPORTERS, INC. 0029 1 and girlfriend. And the girl said she felt so high all the 2 time that they couldn't be normal, and they had a very volatile 3 relationship. They finally both got off of it, and she said 4 they became normal human beings again. 5 Q. Okay. Have you gotten any other information about 6 Prozac? 7 A. Another woman I know, her husband was on it. And 8 she said she feared for her life every night because he always 9 slept with a gun under his bed and he was too weird. 10 Q. Now, with respect to any of your friends or 11 acquaintances that you have talked with about Prozac, do you 12 know what medical or psychiatric conditions that they had? 13 A. My ex-boyfriend had depression. 14 Q. How about the other folks, do you know what medical 15 or psychiatric condition they had? 16 A. The couple, I did not. The single woman's husband 17 had a terminal disease. 18 Q. Did you ever hear from Mr. Forsyth, Sr. about his 19 attitude towards his wife's religious activities? 20 A. No. 21 Q. Never heard him say anything about that? 22 A. Uhm-uhm, no. 23 Q. Do you know anything about Bill Forsyth, Jr.'s 24 recent trip to Indianapolis? 25 A. No. IWADO COURT REPORTERS, INC. 0030 1 Q. You've heard nothing about that? 2 A. No. 3 Q. Did you know he went? 4 A. No. 5 Q. Have you ever heard any talk in the family about any 6 disputes or disagreements about money between Bill Forsyth and 7 his dad, Bill Forsyth, Sr. 8 A. No. 9 Q. Have you personally been involved in any activities 10 of the Prozac Survivors Support Group that your brother-in-law 11 is involved with? 12 A. No. 13 Q. Are you employed, ma'am? 14 A. Yes. 15 Q. Where do you work? 16 A. Aloha Resorts International. 17 Q. Where is that located? 18 A. Kahana. I don't know the address. 19 Q. What kind of business is that? 20 A. Time-share. 21 Q. What do you do for them? 22 A. I'm an OPC. 23 Q. What is that? 24 A. Outside public contact. 25 Q. Are you in sales? IWADO COURT REPORTERS, INC. 0031 1 A. I'm in sales. 2 Q. How long have you been doing that? 3 A. With this company or -- 4 Q. Let's say, with this company. 5 A. Six months. 6 Q. Who was your employer before Aloha Resorts 7 International? 8 A. Activity Mart. 9 Q. Is that a booking service? 10 A. It's an outside contractor for Aloha Resorts. 11 Q. How long did you work for them? 12 A. Maybe six months. 13 Q. Same kind of work? 14 A. Um-hm, yes. 15 Q. Were you employed the first part of 1993 around the 16 time of the Forsyths' deaths? 17 A. Yes. 18 Q. Where were you working then? 19 A. Kona Coast Resorts, probably. 20 Q. Where is that located? 21 A. 101 North Kihei Road. 22 Q. What kind of work were you doing there? 23 A. OPC, the same. 24 Q. Did Bobbi Comstock ever tell you anything about the 25 Forsyths' marital problems? IWADO COURT REPORTERS, INC. 0032 1 A. No. 2 Q. Now -- on the same topic, you've told us about 3 talking with June Forsyth on one occasion about marital 4 problems, has anyone else told you anything about the Forsyths' 5 marital problems? 6 A. No. I'm assuming they had marital problems because 7 Bill left the first time. 8 Q. Neither Kim or your brother-in-law Bill talked about 9 the Forsyths' marital problems? 10 A. No. 11 Q. Is there anything that comes to mind, ma'am, that 12 you know about the circumstances of the Forsyths' deaths or the 13 cause of their deaths, that we have not already talked about? 14 A. No. 15 MR. SEE: Thanks. That's all the questions that I 16 have. The court reporter is going to type this up into a 17 transcript. You have the right to read it over to make sure 18 that the court reporter had done a good job in recording what 19 was said, or you could waive that right and rely upon her to 20 have taken it down accurate. 21 MR. DOWNEY: I will advise you to read it. Why 22 don't we have the same stipulations as we had yesterday. Send 23 the original to me, I'll make sure she reviews it and we'll get 24 it over to you. 25 MR. SEE: Let me ask you two more questions. IWADO COURT REPORTERS, INC. 0033 1 CONTINUED EXAMINATION 2 BY MR. SEE: 3 Q. Sitting next to you is Mr. William Downey, do you 4 understand him to be the attorney who represents your brother 5 Bill, in regard to this lawsuit? 6 A. Yes. 7 Q. Have you talked to Mr. Downey before about this 8 lawsuit? 9 A. Yes. 10 Q. Does Mr. Downey represent you as an attorney? 11 A. Yes. 12 Q. When did you first talk to Mr. Downey? 13 A. Last night. 14 Q. And is that when an arrangement was made for him to 15 represent you as an attorney? 16 A. Yes. 17 Q. Have you ever given any documents or papers or notes 18 or anything that has to do with the Forsyth family or the 19 Forsyths' deaths to Mr. Downey? 20 A. No. 21 Q. And did he give anything -- or paper or document 22 like that to you? 23 A. Not at this time. 24 Q. When you met with Mr. Downey, did you review any 25 documents or go over any papers or notes? IWADO COURT REPORTERS, INC. 0034 1 A. No. 2 MR. SEE: That's all. Thank you. 3 (The deposition concluded at 10:55 a.m.) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IWADO COURT REPORTERS, INC. 0035 1 C E R T I F I C A T I O N 2 I, GLORIA T. TAVARES, Notary Public for the State of 3 Hawaii, certify: 4 That on the aforementioned date and time the witness 5 whose deposition is contained herein appeared before me; that 6 prior to being examined the witness was by me duly sworn; 7 That the deposition was taken by me in machine shorthand 8 and was thereafter produced in transcript form under my 9 supervision; that the foregoing represents, to the best of my 10 ability, a true and accurate transcript of the proceedings had 11 in the foregoing matter. 12 I further certify that I am neither attorney for any of 13 the parties hereto nor in any way concerned with the cause. 14 Dated this 13th day of March, 1996. 15 16 ______________________________ NOTARY PUBLIC, State of Hawaii 17 My commission expires 1/18/00 18 19 20 21 22 23 24 25 IWADO COURT REPORTERS, INC.