Topic: Pastilong deposition

[W0lfman]

                                                                      1

 1     IN THE CIRCUIT COURT OF MONONGALIA COUNTY
                     WEST VIRGINIA
 2                       - - -
    WEST VIRGINIA UNIVERSITY, BOARD OF )
 3  GOVERNORS for and on behalf of     )
    WEST VIRGINIA UNIVERSITY,          )
 4                                     )
                Plaintiff,             )
 5                                     ) Civil Action
            vs.                        ) No. 07-C-851
 6                                     )
    RICHARD RODRIGUEZ,                 )
 7                                     )
                Defendant and          )
 8              Third Party Plaintiff  )
                                       )
 9          vs.                        )
                                       )
10  WEST VIRGINIA UNIVERSITY           )
    FOUNDATION, INC., a West Virginia  )
11  corporation,                       )
                                       )      
12              Third Party Defendant. )
                         - - -
13             Deposition of ED PASTILONG
                 Friday, April 18, 2008
14                       - - -
          The deposition of ED PASTILONG, called as a
15  witness by the defendant and third party plaintiff,
    pursuant to notice and the West Virginia Rules of
16  Civil Procedure pertaining to the taking of
    depositions, taken before me, the undersigned,
17  Eugene C. Forcier, a Stenographer Commissioner in and
    for the Commonwealth of Pennsylvania, at the offices
18  of Flaherty Sensabaugh & Bonasso, PLLC, 965 Hartman
    Run Road, Suite 1105, Morgantown, West Virginia,
19  commencing at 8:47 o'clock a.m., the day and date
    above set forth.
20                           - - -
              COMPUTER-AIDED TRANSCRIPTION BY
21              MORSE, GANTVERG & HODGE, INC.
                  PITTSBURGH, PENNSYLVANIA
22                      412-281-0189
                             - - -
23  
              ALSO RECORDED VIA VIDEOTAPE
24                          
                         - - -
25


                                                                      2

 1  APPEARANCES:
    
 2        On behalf of the Plaintiff and Deponent:
    
 3           Flaherty Sensabaugh & Bonasso, PLLC:
            Thomas V. Flaherty, Esquire
 4           Jeffrey M. Wakefield, Esquire
             200 Capital Street
 5          P.O. Box 3843
             Charleston, West Virginia  25338
 6  
             Fitzsimmons Law Offices:
 7           Robert P. Fitzsimmons, Esquire
             Robert J. Fitzsimmons, Esquire
 8           1609 Warwood Avenue
             Wheeling, West Virginia  26003
 9  
             Alexander Macia, Esquire
10           West Virginia University
             Vice President for Legal Affairs and General
11           Counsel
             Office of the President
12           105 Stewart Hall
             PO Box 6201
13           Morgantown, West Virginia  26506
          
14       On behalf of the Defendant and Third Party
             Plaintiff:
15  
             Barkan & Robon, Ltd.:
16           Marvin A. Robon, Esquire
             1701 Woodlands Drive, Suite 100
17           Maumee, Ohio  43537
    
18           DiTrapano, Barrett & Di Piero, PLLC:
             Sean P. McGinley, Esquire
19           604 Virginia Street, East
             Charleston, West Virginia  25301
20  
          On behalf of the Third Party Defendant:
21  
             (No appearance.)
22  
                          - - -
23  ALSO PRESENT:
    
24         John C. Taylor, Videographer
                         - - -
25                          

                                                                      3

 1            THE VIDEOGRAPHER:  Will everyone be please

 2      turn off all cell phones, Blackberries, pagers

 3      and portable communication devices.

 4            MR. ROBON:  Boy, that's a great idea.

 5            THE VIDEOGRAPHER:  We are now on record in

 6      the matter of WVU versus Rodriguez, Civil Action

 7      No. 07-C-851.

 8            My name is John Taylor, I am a legal video

 9      specialist with Katz Consulting Group, LLC,

10      located at 820 Quarrier Street, Charleston, West

11      Virginia 25301.  

12            I am not related to any parties to this

13      action, nor counsel of record, nor do I have a

14      financial interest in this action.

15            Today is April 18, 2008, the time is

16      8:47 a.m.

17            This deposition is taking place at

18      Flaherty, Sensabaugh & Bonasso, 965 Hartman Run

19      Road, Morgantown, West Virginia.

20            The deponent today is Ed Pastilong.

21            Will counsel please identify themselves for

22      the record.

23            MR. FLAHERTY:  I am Tom Flaherty.  I am

24      Tom Flaherty, counsel for the plaintiff, West

25      Virginia University Board of Governors for and on


                                                                      4

 1      behalf of West Virginia University.  

 2            MR. WAKEFIELD:  Jeff Wakefield, also

 3      representing the plaintiff, West Virginia

 4      University Board of Governors.

 5            MR. R. P. FITZSIMMONS:  Bob Fitzsimmons on

 6      behalf of West Virginia University.

 7            MR. R. J. FITZSIMMONS:  Robert J.

 8      Fitzsimmons on behalf of West Virginia

 9      University.  

10            MR. MACIA:  Alex Macia for West Virginia  

11      University.

12            MR. ROBON:  Marvin A. Robon, from Barkan &

13      Robon, Maumee, Ohio, representing

14      Richard Rodriguez.

15            MR. McGINLEY:  Sean McGinley for the

16      defendant.

17            MR. ROBON:  Would you have the court

18      reporter also identify himself, please.

19            THE VIDEOGRAPHER:  Would you identify

20      yourself, sir, and swear the witness.

21            THE REPORTER:  My name is Gene Forcier with

22      Morse, Gantverg & Hodge.

23            Mr. Pastilong, would you raise your right

24      hand, please.

25                       - - -


                                                                      5

 1                     ED PASTILONG
                            
 2  called as a witness by the defendant and third party

 3  plaintiff, having been first duly sworn, as

 4  hereinafter certified, was deposed and said as

 5  follows:

 6                      EXAMINATION

 7  BY MR. ROBON:

 8      Q     Mr. Pastilong, you know who I am, correct;

 9  why I am here?

10      A     I assume I do.

11      Q     Okay.  I am here for a search for the

12  truth, protect Richard Rodriguez; you have been told

13  that?

14      A     You are here for the truth.

15      Q     Yes.

16      A     And that's fine with me.

17      Q     Okay.

18            Have you ever been deposed before?

19      A     Yes.

20      Q     How many times?

21      A     One time.

22      Q     Okay.  In a litigation involving the

23  university?

24      A     Yes.

25      Q     And what was that litigation?


                                                                      6

 1      A     A -- an assistant track coach.

 2      Q     Sued the university?

 3      A     I'm not sure if it was a suit, but there

 4  was some question.

 5      Q     Improprieties?

 6            MR. FLAHERTY:  Object to the form of the

 7      question.

 8      Q     Could you remember what it was about?

 9      A     This young lady had departed, and wanted

10  some additional moneys.

11      Q     So it was a sex discrimination case?

12            MR. FLAHERTY:  Object to the form of the

13      question.

14      A     I don't believe it was sex discrimination.

15      Q     Equal pay?

16      A     I don't believe it was equal pay.

17      Q     What happened to the case?

18      A     Basically, it just went away.

19      Q     Did she get some money?

20      A     I don't believe so.

21      Q     You are not on any medication, have a

22  hangover, or anything like that, so that whatever you

23  say today can be taken to the bank?

24      A     I feel pretty comfortable.

25      Q     Good.


                                                                      7

 1            My understanding is that you and

 2  Richard Rodriguez were very close friends when he

 3  first came to the university; is that true or false?

 4      A     We became good friends.

 5      Q     And how would you consider your

 6  relationship today?

 7      A     Good friends.

 8      Q     You are still friends?

 9      A     Yes.

10      Q     Do you find him to be a truthful

11  individual?

12      A     I had no reason to question that, during

13  his term at West Virginia.

14      Q     Do you question it, now that his term is

15  over at West Virginia?

16      A     No.

17      Q     Okay.

18            I just read an affidavit that was signed by

19  Larry Aschebrook.

20            Have you ever seen that affidavit?

21      A     No.

22      Q     Have you heard about it?

23      A     Briefly, this morning.

24      Q     Tell me the circumstances of why

25  Larry Aschebrook left West Virginia University.


                                                                      8

 1      A     His comments to me were to return to his

 2  home state, and to live in his house, in his home

 3  state, of which he has been unable to sell, and for a

 4  position back in his home state, that he and his wife

 5  would prefer to be at.

 6      Q     Okay.

 7            How many coaches are you in charge of as

 8  the athletic director?

 9      A     Well, we have 17 sports.

10      Q     Correct.

11      A     And the head coaches, and the assistants.

12      Q     A hundred people, would you estimate?

13      A     It is less than a hundred coaches, but our

14  total department would probably be in the area of 200

15  people.

16      Q     200 people.

17            What kind of annual budget does the

18  university give the athletic department for those

19  roughly 200 people?

20      A     Well, our athletic department budget is in

21  the area of $48 million.

22      Q     Okay.  

23            And, of that $48 million, how much comes

24  from the State of West Virginia, or does it all come

25  from the State of West Virginia?


                                                                      9

 1      A     Well, portions of it come from the State of

 2  West Virginia, and portions come from contributors,

 3  foundation.

 4      Q     And, for the jury, give me a rough

 5  approximation what percentage comes from the

 6  university, and what percentage -- or the state, and

 7  what percentage comes from the foundation?

 8      A     Well, I would say the majority comes from

 9  the state, and then the second most would be from the

10  foundation, and there are moneys that come from our

11  particular conference via television revenues,

12  et cetera.

13      Q     And out of the 48 million, what would be an

14  approximation that would come from the foundation; 10,

15  20 million, or something between those two numbers?

16      A     Something between those two.

17      Q     On an annual basis?

18      A     On an annual basis.

19      Q     And, you have roughly, you said, less than

20  a hundred coaches?

21      A     Correct.

22      Q     That's head coaches and assistant coaches?  

23  Right?

24      A     Correct.

25      Q     And would you tell the jury how many


                                                                      10

 1  coaches have left in the last two years, two calendar

 2  years, 2006, 2007?  Just approximately.

 3      A     I'd say in the area of -- assistants and

 4  head coaches?

 5      Q     Yes.

 6      A     This is a guess.  20.

 7      Q     An educated guess, though; right?

 8      A     Yes.

 9      Q     So approximately 20 percent?

10      A     In that area.

11      Q     Okay.

12            What does the average athletic department

13  have as a turnover ratio, for coaches and assistants?

14      A     The average athletic department?

15      Q     Yes.

16      A     I'm not aware of a statistic on that

17  nature.

18      Q     Tell me what you know about the

19  Calvin Magee case, involving Larry Aschebrook.

20      A     I know that our university is looking into

21  that.  

22            Beyond that, I don't know the particulars.

23      Q     Who, within the university, is looking into

24  it?

25      A     A lady by the name of Jennifer McIntosh,


                                                                      11

 1  who is in charge of social justice.

 2      Q     At the university?

 3      A     Yes.

 4      Q     Is she a lawyer?

 5      A     I don't know if she is a lawyer.

 6      Q     How long has she been at the university?

 7      A     A number of years.

 8      Q     Has he filed a civil rights complaint with

 9  the United States Government, or the West Virginia

10  Civil Rights Commission?

11            MR. FLAHERTY:  Who is "he"?

12            MR. ROBON:  Calvin Magee.

13      A     I don't know.

14            The best would be to ask him that, I would

15  think.

16      Q     This affidavit, that was --

17            MR. ROBON:  Well, let's mark this as

18      Exhibit A.

19            (Thereupon, Pastilong Exhibit A was marked

20      for identification.)    

21  BY MR. ROBON:

22      Q     Now, you indicated, you have not had a

23  chance to read that?

24      A     I have not read this.

25            MR. ROBON:  Let's go off tape for a moment,


                                                                      12

 1      so he can read that, or just skim it.

 2            THE VIDEOGRAPHER:  The time is 8:57 a.m.,

 3      we are going off the record.

 4            (Discussion off the record.)

 5            THE VIDEOGRAPHER:  The time is 09:06 a.m.,

 6      we are back on the record.

 7      Q     While we were off the record,

 8  Mr. Pastilong, we gave you the opportunity to read

 9  this affidavit of Larry Aschebrook.  

10            Correct?  

11      A     Yes.

12      Q     Are the things he says in there, to your

13  knowledge, true or false?  

14            MR. FLAHERTY:  If you know.

15      A     Sir, you would have to ask Larry.  I cannot

16  speak for Larry, with regards to that affidavit.

17      Q     Well, I understand that, but from your

18  personal knowledge, do you believe it's true or false,

19  or portions of it are true or portions of it are

20  false?

21            MR. FLAHERTY:  Object to the form.

22      Q     You can answer.

23      A     Again, only Larry could answer that.  I

24  mean, that's his affidavit.

25            I --


                                                                      13

 1      Q     Well, let me ask this question:  With

 2  regard to his comments about Richard Rodriguez, do you

 3  believe those are accurate quotes, something

 4  Richard Rodriguez would say, or not say?

 5            MR. FLAHERTY:  Object to the form.  I don't

 6      think this man's belief is relevant, nor is it --

 7            MR. ROBON:  Well, he is experienced with

 8      Mr. Rogriguez.  He knows

 9            MR. FLAHERTY:  -- nor is it -- let me

10      finish my objection -- nor is it reasonably

11      calculated to lead to discovery of relevant

12      evidence.

13      Q     You can answer.

14            MR. FLAHERTY:  Answer if you can.

15      A     Again, I don't feel it would be adequate

16  for me to assert what -- whether that is -- whether

17  Mr. Rodriguez's inferences there are -- they are his

18  feelings, you would have to ask Mr. Rodriguez, I can't

19  speak for him.

20      Q     Okay.  

21            Let me ask this question:  Is it true that

22  in return for an affidavit like this, you helped

23  Mr. Aschebrook, or someone on your athletic

24  department, or at the university helped him get a

25  position at Arizona State?


                                                                      14

 1      A     No, I did not assist Mr. Aschebrook in his

 2  new position at Arizona State.

 3      Q     That wasn't my question.  

 4            Was it you, someone in the athletic

 5  department, or someone at the university -- you said

 6  it wasn't you; was it someone else?

 7            If you know?

 8      A     I don't know of anybody who assisted him

 9  with that particular new assignment.

10      Q     Did you have any conversations with

11  anybody, about giving him a recommendation for his new

12  assignment?

13      A     I did not, no.

14      Q     Did you talk to Governor Manchin about it?

15      A     No.

16      Q     Have you talked to Governor Manchin at all,

17  about the Calvin McGee situation?

18      A     I may have had some discussions with him,

19  but I don't recall any; I mean, any particulars.

20      Q     Would you tell the jury how much involved

21  Governor Manchin is with the athletic program at West

22  Virginia University?

23      A     Well, to begin with, the governor was a

24  student athlete here on the football team, and since

25  he's been in business, I mean, he has been a


                                                                      15

 1  participant in our Mountaineer Athletic Club, tickets,

 2  and so on; in fact, the entire family has been, over

 3  the years.

 4            From time to time, we will be at social

 5  gatherings where the governor is there, and so on.

 6            But, his involvement is, I would say, like

 7  a normal governor would be, in terms of any

 8  institution, or -- and their athletic department.

 9      Q     Can you estimate, for the jury, the number

10  of phone calls you have had with him since

11  December 15th of '06, till now, which is what,

12  April 18th?

13            MR. WAKEFIELD:  That's a year and a half.

14            MR. ROBON:  No, that's --

15            MR. WAKEFIELD:  You said '06.

16            MR. ROBON:  I'm sorry.

17      Q     07?

18      A     '07?  What month?  

19      Q     December, make it 14th, '07, until today,

20  April 18th, '08.

21            MR. FLAHERTY:  Are you limiting the scope

22      of your question to something relevant to this

23      case, or just any?  

24            MR. ROBON:  Any telephone calls.  To for

25      from.


                                                                      16

 1            MR. FLAHERTY:  Social or otherwise.  

 2            MR. ROBON:  To or from the governor.

 3      A     The governor and I have been friends since

 4  college.  We were on the football team together, and

 5  we are social friends.  And I speak with him quite

 6  often.

 7      Q     Does that mean once a day, once a week,

 8  twice a day?

 9      A     Oh, sometimes once a week, sometimes two

10  weeks, sometimes three weeks.

11      Q     And most of the time it deals with

12  athletics at the university?

13      A     No.  

14      Q     What percentage of the time would you say

15  it deals with athletics at the university?

16      A     Very little.

17      Q     Okay.

18            Did he arrange the game between West

19  Virginia and Marshall, in football?

20      A     He was quite active in it.  

21            I would say he was the one that the --

22  person who had the most to do with that game being

23  played, yes.

24      Q     And was that the first of three games?

25      A     Well, there is -- there is a series of


                                                                      17

 1  games.

 2      Q     Right, between Marshall and West Virginia?

 3      A     West Virginia, yes.

 4      Q     Right.  

 5            Was the first one played in '07?

 6            MR. FLAHERTY:  The first ever?  

 7      A     The first --

 8      Q     The first one that the governor arranged?

 9      A     I believe that was -- that was '06.

10      Q     Okay.  And West Virginia won?

11      A     Yes.

12      Q     And they won also in '07?

13      A     Yes.

14      Q     And they have one more game in '08?

15      A     We have a game in '08, and there are games

16  nine, ten and 11.

17      Q     Okay.

18      A     And 12.

19      Q     Okay.  

20            Tell me about your conversation with the

21  governor on Friday, December 14th of 2007, relating to

22  Rodriguez.

23            MR. FLAHERTY:  Object to the form of the

24      question.  It assumes there was a call, or

25      conversation.


                                                                      18

 1      A     I can't recall specifically that particular

 2  day, as to whether I talked to the governor or not.

 3      Q     Well, when you --

 4      A     I may have, or I may not have.  But I --

 5      Q     You don't recall asking the governor

 6  whether or not you should honor the promises that

 7  President Garrison made to Richard Rodriguez?

 8            MR. FLAHERTY:  Object to the form of the

 9      question.

10      A     I don't recall having that conversation

11  with those specifics, no.

12      Q     You don't deny it; you just don't recall

13  it?

14            MR. FLAHERTY:  Object to the form of the

15      question.

16      A     I can't deny it, because I just don't

17  recall that that took place.

18      Q     Okay.

19            Well, did it take place on December 15th,

20  on Saturday, as opposed to Friday, December 14th?

21            MR. FLAHERTY:  Object to the form.

22      A     I don't recall having a conversation with

23  the governor with those specifics that you are talking

24  about.  

25      Q     Well, do you recall Richard Rodriguez


                                                                      19

 1  meeting with you in mid December?

 2      A     What date?

 3      Q     In mid December?

 4      A     Mid December?

 5      Q     Yes, like the 14th or 15th?

 6      A     I met several times with Rich, during that

 7  period.

 8      Q     And what's "several;" more than once?

 9      A     Yes, sir.

10      Q     How many times; do you recall?

11      A     In mid December, during -- a few times.

12      Q     Well, let's go back for a moment.

13            He signed his addendum on August 24th of

14  '07, the second addendum to his employment contract;

15  correct?

16      A     Yes.

17      Q     Were you there when that was signed?

18      A     No.

19      Q     Okay.

20            Had you met with him before it was signed?  

21  Immediately, like a week or two before?

22      A     I had been with him at practice, but I did

23  not have a structured meeting, formal meeting,

24  et cetera.

25      Q     Were you with him at the blessing, in early


                                                                      20

 1  August, of the field?

 2      A     Yes.

 3      Q     Okay.  

 4            Did you discuss his contract when you were

 5  with him in early August at the blessing?

 6      A     Following the blessing, he had asked if I

 7  would accompany him, with an -- some of his

 8  accountants, attorneys, et cetera, to a meeting, and I

 9  did.

10      Q     Were the attorneys -- did he have an

11  attorney there; or you don't know?

12      A     There were four, five gentlemen, and I

13  think one or two of them were attorneys, accountants,

14  et cetera.

15      Q     Do you remember a name?

16      A     The -- I remember a Mr. Wilcox.

17      Q     Well, he is a financial advisor, not an

18  attorney.  

19      A     Okay.

20      Q     And do you know who Mike Brown was?

21      A     Mike Brown is an agent.

22      Q     A sports agent?

23      A     A sports agent.

24      Q     He is not a lawyer, either, is he; as far

25  as you know?


                                                                      21

 1      A     I don't know what he is.

 2      Q     And was David Hammond there, from the

 3  William Baughn, B-a-u-g-h-n, Group, as a CPA?

 4      A     Following the blessing?

 5      Q     Yes.

 6      A     The other gentleman with Mr. Wilcox, I

 7  don't -- I don't recall their names.

 8            There were three, four of them.

 9      Q     Had they come down for the blessing, or had

10  they come down to work on his contract, or don't you

11  know?

12      A     I don't know why they came down.

13            I mean, that was the particular day that

14  they were having our traditional blessing of the

15  field, and they appeared, and that's when Rich asked

16  me if I would stay around and meet with them.

17      Q     Was it a scheduled meeting, as far as you

18  know, with you?

19      A     With me, I don't believe it was a scheduled

20  meeting.

21      Q     Did you have any other representatives of

22  the university with you?

23      A     Well, at the blessing, there were several

24  people.

25      Q     No, but I mean, when you sat and talked


                                                                      22

 1  with Mr. Rodriguez and his two or three people that

 2  were with him?

 3      A     In the room was Mr. Wilcox, Rich, Rita,

 4  Craig Walker and Mike Garrison.

 5            I don't know if there had been discussions

 6  with any of those people prearranging the meeting, or

 7  if it was impromptu, but at the blessing Rich said,

 8  "Could you sit with me afterwards," and I accommodated

 9  that.

10      Q     Okay.

11            It would be -- sounds like a scheduled

12  meeting with Craig Walker and President Garrison was

13  there; wasn't it?  I mean, they wouldn't just

14  ordinarily be available on a whim; would they?

15      A     I had asked them to be at the blessing, so

16  I don't know if they had been asked to be at that

17  scheduled meeting or not, I --

18      Q     Did you ask them to come to the meeting?

19      A     I don't believe I did.

20      Q     Okay.

21            So, what conversations do you recall took

22  place at that meeting right after the blessing, in

23  early August of '07, with regard to Richard Rodriguez

24  and his contract, and/or promises or conditions that

25  were told to him, as best you can recollect?


                                                                      23

 1      A     Rich did the majority of the talking, and I

 2  do not recall any -- I don't recall promises coming.  

 3  It was pretty much a -- Rich mentioning some

 4  situations to us, and that was about it.

 5      Q     What situations did he mention to you?

 6      A     He had made some general comparisons about

 7  some of the things other schools were doing, some of

 8  the things that he had collected from talking to other

 9  head coaches, and so on.

10      Q     Things that he wanted implemented in the

11  athletic program?

12      A     There was not a -- I didn't look upon it as

13  a request.  It was just comments that he was making,

14  in general.

15      Q     Well, can you recall, for the jury, what

16  those comments were?

17      A     They were very general, and for me to --

18      Q     General.  You know, were they about prices

19  of tickets, were they about free tickets for high

20  school coaches, were they about allowing the kids to

21  sell their books and retain the money at the end of a

22  semester?

23            I mean, tell me what you can recall.

24      A     Well, there was a period in the fall where

25  some of the issues you just mentioned were brought to


                                                                      24

 1  my attention by Rich, but for them to have been

 2  specifically brought up at that meeting, that meeting

 3  was pretty general, in his comments.

 4      Q     Did -- tell me what President Garrison said

 5  at that meeting at the blessing of the field in early

 6  August of '07.

 7      A     The -- that meeting pretty much consisted

 8  of Rich making comments to us.

 9      Q     That is not my question.  

10            My question was:  What did

11  President Garrison say, that you can recall?

12      A     Following Rich's remarks,

13  President Garrison said very little, if anything; the

14  same way with Craig Walker and myself.

15      Q     And Rich was just talking to the wall?

16      A     He talked to us, and he -- and there were a

17  few occasions where Mr. Wilcox made some comments, and

18  Rita, and then we concluded the little session, and

19  went on to where the other people had gathered for

20  dinner, and where we were to meet them.

21      Q     How long would you say this meeting, after

22  the blessing of the field, in early August lasted?  

23  Half an hour, 45 minutes, an hour?

24      A     I would say half hour to 45 minutes.  

25      Q     Okay.


                                                                      25

 1            And at any time did you, Mr. Walker, or

 2  President Garrison, say, "No, Rich, we cannot do these

 3  things you want?"

 4            You can answer that yes or no.

 5      A     No.

 6      Q     Did you infer, at any time, or did

 7  President Garrison or Craig Walker infer, at this

 8  time, that you couldn't do some of the things Rich

 9  wanted implemented?

10            MR. FLAHERTY:  Object to the form of the

11      question.  You can talk about -- you can get his

12      answer relative to his inference, but I don't --

13      I can't imagine how he can respond to that on

14      behalf of the others.  

15            Go ahead and answer, if you can.

16      A     There was not much of re -- it was pretty

17  much some comments from Rich to us, and we listened to

18  them, and then we departed.

19            There was not a specific request, nor was

20  there a specific response from us.

21      Q     So, you are telling the jury there were no

22  promises made at that meeting right after the blessing

23  of the field; is that true or false?

24      A     I don't recall any promises being made at

25  that meeting.


                                                                      26

 1      Q     Do you recall President Garrison saying,

 2  "Trust me," or words of similar nature, to

 3  Richard Rodriguez?

 4      A     I do not recall that occurring at that

 5  meeting, no.

 6      Q     Do you recall those words being used by

 7  President Garrison at any other meeting, involving you

 8  and Richard Rodriguez?

 9      A     No.

10      Q     Have you heard President Garrison use that

11  phrase, since he has been president, "Trust me," or

12  words of similar import?

13      A     No.

14      Q     How many meetings have you had with

15  President Garrison, since he took office?

16      A     I meet with him for sure every two weeks

17  among his management team, and once a week.  

18            But for sure, at least every two weeks, I

19  sit with him.

20      Q     Okay.  

21            Now, let's go on from this meeting in early

22  August at the blessing of the field.

23            Did you talk to the governor about the

24  comments that Richard Rodriguez made at the blessing?

25            You can answer that yes or no.


                                                                      27

 1      A     Yes.

 2      Q     And what was the governor's reaction to

 3  those comments?

 4      A     I don't believe there was much.

 5      Q     Did he say, "No, we are not going to do

 6  it," "It is a great idea"?  What was your take on it,

 7  from your perspective?

 8      A     There was no response, really.

 9      Q     You must have thought it was fairly

10  important, that you would bring it up to the governor

11  of the State of West Virginia, Rich's comment?

12      A     Well, you know, as I mentioned earlier, I

13  have many occasions where I speak with the governor,

14  and where the governor calls me.

15      Q     I understand that.  But my question is --

16      A     And I --

17            MR. FLAHERTY:  Let him finish his answer,

18      please.  

19            Go ahead.

20      Q     Okay.

21      A     And in those particular discussions, there

22  is various things discussed, and in that meeting that

23  took place, there were a lot of people at the

24  blessing, so I just felt it relevant that it be

25  mentioned.


                                                                      28

 1      Q     Was the governor at the blessing?

 2      A     No.

 3      Q     How soon after the blessing did you call

 4  the governor, and tell him about Rich's comments;

 5  within hours, within days, or weeks?

 6            MR. FLAHERTY:  Object to the form.  It

 7      assumes he made a call.

 8      A     I did not, following that meeting, make a

 9  call to discuss that specific meeting, no.

10      Q     Well, how soon was that communicated to the

11  governor, as best you can recall?

12      A     Oh, it could have been weeks after that.

13            I mean, it was no --

14      Q     But it could have been hours, too; right?

15      A     It wasn't hours, because we had a social

16  function to go to, which took the rest of the evening,

17  which Rich and Rita and Mona and I went to, several

18  other people were at.

19      Q     Now, did you have any meetings with

20  Richard Rodriguez after the blessing in August of '07,

21  for the rest of the month of '07, August?

22      A     I was with him.  Whether we had a formal

23  meeting or not, I would always go over to practice,

24  and before practice talk with him, or go over to the

25  Puskar Center, go by the office and have discussions


                                                                      29

 1  with him.

 2      Q     Well, how many times would you say you had

 3  a discussion with him between August 24th of '07 and

 4  December 15th of '07?

 5            He tells me it was two times.

 6      A     I'd say I talked with him weekly.

 7      Q     Face-to-face?

 8      A     Face-to-face, via telephone, traveling to

 9  contests.

10      Q     Football games?

11      A     Yes.

12      Q     Tell me which game in '07 that you went

13  with the football team on the plane to another field.

14      A     Well, on away games?

15      Q     Yes.

16      A     I travel to all of the away games.

17      Q     I understand you travel.  I want to know

18  which games you went on the plane with the team and

19  Rich.  

20      A     Well --

21      Q     There weren't any of them; were there?

22      A     I think I did travel with the team.

23      Q     Well, I want you to tell me which game you

24  went with the team.

25      A     There was some occasions, when I traveled


                                                                      30

 1  with the president --

 2      Q     You are not answering my question.  

 3      A     Yeah, I am trying --

 4      Q     I want to know which game, away game, in

 5  the season of 2007, football, that you got on the

 6  plane with the team and Coach Rodriguez, and went to

 7  another facility, another stadium, with them; if any.

 8      A     I can't give you that particular specific

 9  game, or games.

10      Q  

[W0lfman]

   96

 1            We deposit our moneys there, they manage

 2  them for us.

 3      Q     So if Mr. Kendrick donated a million

 4  dollars to the Mountaineer Club, it would come to the

 5  athletic department, but would be put into the

 6  foundation's coffers?

 7      A     Yes, in our particular -- that's correct.

 8      Q     But you would have control over the use of

 9  the money, the athletic department would?

10      A     That's correct.

11      Q     And how many people -- you didn't tell me

12  how many people, in a unit, in the athletic

13  department, work on the Mountaineer Club?

14      A     Mountaineer Athletic Club?

15      Q     Yes. 

16      A     There are about seven or eight people.

17      Q     Full time?

18      A     Yes.

19      Q     So they are working for the athletic

20  department, soliciting funds for the foundation,

21  basically?

22      A     Yes.

23      Q     Going out, taking people to dinner, lunch,

24  asking for money?

25      A     Yes.


                                                                      97

 1      Q     And do you supervise that?

 2      A     Yes.

 3      Q     And is it fair to say that the only reason

 4  the moneys go to the foundation, is so that they can

 5  stay within the confines of the athletic department,

 6  since if they went into the general funds of the

 7  university, they could be spent for other purposes?

 8      A     You need to make that more clear for me.  I

 9  apologize.

10      Q     I will rephrase the question.

11            If the foundation didn't exist, and the

12  athletic department solicited contributions, if those

13  moneys came in, they would go into the university's

14  general fund, and the athletic department would lose

15  control of those funds; correct?  If the foundation --

16      A     If they went into the general university's

17  state fund, we would still manage those, under the

18  supervision of the university's state accounts.

19      Q     Right.

20      A     If they go over to the foundation, then we

21  still supervise these under the auspices of the

22  foundation, and under their supervision, guidelines.

23      Q     But isn't it, in effect, that the athletic

24  department is more autonomous, and has more control

25  over the contributions, if they are in the foundation


                                                                      98

 1  coffers?

 2      A     Not necessarily.

 3            As we make expenditures, we follow the

 4  state policies, procedures, and then if we make

 5  expenditures out of the foundation, we follow their

 6  policies, their procedures.

 7      Q     Okay.

 8            Who is Dusty Rutledge?

 9      A     Dusty is -- or was, our video coordinator

10  for football.

11      Q     And, was he at President Garrison's house

12  when Rich Rodriguez was there, on the evening of

13  December 15th, the Saturday night, 2007?

14            MR. FLAHERTY:  If you know.

15      A     I -- I heard he was.  I -- I did not see

16  him there, since I wasn't there, so I can't confirm

17  that.

18      Q     Okay.

19            Is he employed by the athletic department?

20      A     He was, yes.

21      Q     Was he fired on the following Monday, after

22  he heard President Garrison indicate to

23  Coach Rodriguez that he would not fulfill the promises

24  that were made on August 24th of '07?

25            MR. FLAHERTY:  Object to the form of the


                                                                      99

 1      question, and the assumptions contained in it.

 2      A     He was never fired.

 3      Q     He wasn't fired?

 4      A     No.

 5      Q     Was he removed from his office?

 6      A     He was removed from his office, and -- yes.

 7      Q     And was it that following Monday morning,

 8  which would have been December 17th?

 9      A     If I miss it by a day, but I think it was

10  the 17th, that he was asked to relocate into the

11  coliseum.

12      Q     And can you tell me why that occurred, and

13  who directed that that occur?

14      A     It was felt that he would better serve the

15  department in a different capacity.

16      Q     Who made that decision?

17      A     Well, that was --

18      Q     Governor Manchin?

19      A     No.

20      Q     Or President Garrison?

21            MR. FLAHERTY:  Or someone else.

22            Object to the form.

23      A     Well, that was a discussion -- first of

24  all, Governor Manchin did not make that, and it was a

25  decision, after some discussion with our department,


                                                                      100

 1  and some other people within the university, just felt

 2  it would be best for him, for everybody, if he was

 3  relocated in the coliseum, worked into another

 4  assignment, that type of thing.

 5      Q     When were those discussions held; on that

 6  Monday, or prior thereto; the Monday the 17th, or the

 7  16th -- I guess it would be the 16th.  Yeah, it would

 8  be -- no, the 17th.

 9      A     Sunday, Monday, in that area.

10      Q     Okay.

11            So they weren't held a week before?

12      A     No.

13      Q     And, did President Garrison tell you to

14  implement those decisions?

15      A     No.

16      Q     Did Craig Walker tell you to implement

17  those decisions?

18      A     He was part of that discussion.

19      Q     He was a part.  Okay.

20            And why would Craig Walker be involved in a

21  decision to remove somebody from an office in the

22  Puskar Stadium?

23      A     There were -- he just was. 

24      Q     So he made that decision, not you?

25      A     It was a consensus that it would be better


                                                                      101

 1  for Mr. Rutledge to relocate, not only for -- even for

 2  Mr. Rutledge's concern, also.

 3      Q     Well, did -- who initiated that thought;

 4  you, Craig Walker, or somebody else?

 5      A     I can't recall who initiated that.

 6      Q     You really didn't make the decision, then?

 7      A     That was a part of the discussion.

 8      Q     But you did not make the decision?

 9      A     Not 100 percent.

10      Q     Well, not even 50 percent?

11      A     I was a part of the discussion.

12      Q     You were told what to do; right?

13      A     Not necessarily.

14            I mean, it was a discussion.  And it

15  resulted from that discussion. 

16      Q     Well, wasn't it fact that Craig Walker

17  said, "Fire his ass," or "Get his ass out of here," or

18  something of those kind of words?

19      A     Not really.

20      Q     Well, can you tell me what words he used?

21      A     There were several people involved in that,

22  and I just --

23      Q     Tell me the words Craig Walker used. 

24      A     I don't recall.

25      Q     Do you believe he was removed because he


                                                                      102

 1  was loyal to Coach Rodriguez?

 2      A     It was felt that it would -- again, to

 3  repeat myself, it was felt it would be better if he

 4  wasn't in that setting.  And --

 5      Q     Did you know that he overheard the

 6  conversation between President Garrison and

 7  Coach Rodriguez on September 15th, 2007? 

 8            MR. FLAHERTY:  Object to the form of the

 9      question.

10      A     No.

11      Q     A year ago, when Coach Rodriguez was

12  approached by the University of Alabama, did you make

13  any effort to keep him as the coach at West Virginia

14  University?

15      A     Yes.

16      Q     What did you do?

17      A     The first person I talked to was Rich.  And

18  I asked Rich, I said, "Rich, do you want to remain

19  here?  And if so, I'm going to make every effort to

20  make it possible for you to remain here."

21            And I spent about five straight days with

22  him.  One time I drove to Bridgeport, met him at the

23  airport.

24            But he said, that he replied "Yes," and I

25  made that effort to keep him.


                                                                      103

 1      Q     Isn't it true --

 2      A     And we were successful.

 3      Q     Isn't it true that Whit Babcock was more

 4  actively involved in keeping Rich, than you were?

 5      A     That would be a matter of opinion.

 6      Q     Isn't it true, that when Mal, M-a-l, Moore,

 7  M-o-o-r-e, called from Alabama, you thought it was a

 8  prank call?

 9      A     No.

10      Q     No.  You didn't think it was real that he

11  was being courted by Alabama; did you?

12      A     I thought he was being courted by Alabama.

13      Q     Not in the beginning, though? 

14      A     I never -- I don't -- Mal Moore called me

15  from New York City, very late in this situation, and

16  left a phone message.

17            He did not talk to me directly.

18            I phoned his office and asked to speak to

19  him, but I never did receive a call back.

20      Q     Did Rich Rodriguez ever get his web site?

21      A     No.

22      Q     Do you know if he was promised one?

23      A     No.

24      Q     Did he tell you he was promised one?

25      A     No.


                                                                      104

 1      Q     Did he ask you for one?

 2      A     Yes.

 3      Q     And what did you say?

 4      A     That I would look into it.

 5      Q     And can you tell the jury what you did, by

 6  looking into it?

 7      A     I explored it, and I checked with another

 8  university who had a similar web site, and found it to

 9  be not conducive to the athletic department, and for

10  various reasons, and I went back and talked to Rich

11  with regards to that, gave him my reasons.

12            He seemed to accept that.

13      Q     Which university did you talk to?

14      A     I talked to Virginia Tech.

15      Q     And did they indicate that it gave the

16  coach too much power?

17      A     Their reasons for not being very positive

18  about it, was the disgruntled media, inopportunities

19  for the total media to receive materials that could be

20  shared to the general public; that it was becoming too

21  exclusive for those people who would pay the high

22  premium to get the information prior to the others,

23  and that they were getting a great deal of criticism.

24            Secondly, there was information that at

25  times wasn't professionally distributed via the sports


                                                                      105

 1  information office, trained professional people.

 2            And I discussed that with Rich, and it was

 3  my opinion that that was not a good avenue for us to

 4  do.

 5            I might add that I did not realize that

 6  Texas A&M had that same web site, it was very

 7  destructive to their athletic department, and to their

 8  head coach.

 9      Q     You mean Bobby Knight?

10      A     No, the football coach.

11      Q     Oh.

12      A     Who was dismissed, and that web site had

13  something to do with it.

14            So I mean, when I discussed it with Rich

15  that I did not think it was a good idea, I did not

16  think it was a good idea for our fans, for our alums,

17  for our department, or university, I didn't think it

18  was a good idea for Rich, and I shared that opinion

19  with him. 

20      Q     Let's go back to Alabama for a minute. 

21  Didn't certain board members call you, and tell you

22  that you better do whatever you need to keep him, or

23  words of similar import?

24      A     No. 

25      Q     Did you talk to any board members about


                                                                      106

 1  keeping Rich, when Alabama came to town in December of

 2  '06?

 3      A     I may have, but I don't recall.

 4      Q     Did you talk to any large donors, in

 5  December of '06, about keeping Rich?

 6      A     I am sure I did, yes.

 7      Q     They encouraged you to do whatever it took

 8  to keep him; right?

 9      A     There was a sense, that with -- let's keep

10  Rich, let's keep it -- let's do our very best.

11            There were no ultimatums.

12            But it was an effort, that going back to

13  when I asked Rich, you know, "If you want to stay, we

14  will work, we will do our very best to keep you."

15      Q     Okay.

16      A     And that was the theme of it.

17      Q     Now, when we talked about damages that the

18  university suffered, you said they lost two football

19  players.

20            What other damages would there be?

21      A     Well, we lost some donors.

22      Q     Kendrick and Reynolds?

23      A     Those were significant pledges.

24      Q     They are going to come back in the saddle,

25  are they not?


                                                                      107

 1      A     That's up to them.  I don't know if they

 2  are.

 3      Q     But overall, the donations, you can't tell

 4  the jury donations are down or up?

 5      A     When liquidated damages were determined, by

 6  the university and by Rich's people who advise him, at

 7  that time it was determined that those damages could

 8  be, and possibly could be significant, and that's how

 9  a determination was to put a amount in there.

10      Q     Oh, I understand that. 

11      A     Now, as it unfolds, it is yet to be

12  determined.

13      Q     But in fact, your new coach is making a

14  fraction of what Rich Rodriguez made, right;

15  Bill Stewart, 800,000?

16      A     Yes.

17      Q     So, that didn't cost you any money; right?

18      A     It cost us 800,000.

19      Q     Well, I know, but you were paying more than

20  that to Mr. Rodriguez?

21      A     That's correct.

22      Q     Okay.

23            So there has been no study, to your

24  knowledge, done, to calculate damages that West

25  Virginia University may have suffered?


                                                                      108

 1      A     At the time that we incorporated the

 2  liquidated damage clause, there was -- there were

 3  guesstimates as to what it possibly could cost us, and

 4  they were well above what is in the particular second

 5  amendment.

 6      Q     Okay.

 7            The 4 million, or the million and a half?

 8      A     The 4 million.

 9      Q     Okay.

10            Has there been any study done, since he

11  left in December of '07, showing what, any damages the

12  university has financially incurred?

13      A     No.

14      Q     Is there any study under way, to determine

15  that?

16      A     No.

17      Q     And who would be the person to know how to

18  calculate that?

19      A     That person doesn't come to mind.

20      Q     It wouldn't be your financial assistant?  I

21  think, what was his name, Parsons?

22      A     He could be part of it.  Foundation

23  personnel.  But --

24      Q     But what -- so the foundation personnel,

25  would be -- they would have to be involved, in order


                                                                      109

 1  to calculate what damages the university suffered?

 2      A     Possibly.

 3            MR. ROBON:  Make a note on that, too. 

 4      Q     And why would they be involved?

 5      A     Our Mountaineer Athletic Club works with

 6  the foundation.

 7      Q     Hand in hand; right?

 8      A     They work together.

 9      Q     Yes.

10            Well, it is hand in hand?

11            MR. FLAHERTY:  He has answered the

12      question, Mr. Robon.

13      Q     When did you know that Mike Garrison was

14  going to be the next president?

15      A     When he was announced.

16            I don't know what that -- I forget what the

17  date was.

18      Q     Okay.  That was some time last spring?

19      A     I believe it was.

20      Q     Okay.

21            Did you know that certain board members

22  told Rich Rodriguez six to eight months before that,

23  that Mr. Garrison would be the new president?

24      A     I can't speak to that.

25      Q     My understanding is the faculty at the


                                                                      110

 1  university doesn't really like, or approve of -- I

 2  shouldn't say like, it is the wrong word -- doesn't

 3  approve of Mr. Garrison as president, since he doesn't

 4  have an academic background.

 5            Would you say that is true or false?

 6            MR. FLAHERTY:  If you know.

 7      Q     To your knowledge?

 8      A     I -- I -- I couldn't answer that.

 9      Q     Were you aware that Coach Rodriguez was

10  told that once Mike Garrison would be in office, there

11  would be a lot of changes in the athletic department,

12  to make his life easier?

13      A     I was not aware of that.

14      Q     Mike Parsons is still at the university?

15      A     Yes.

16      Q     And he is still in the same position he was

17  in a year ago?

18      A     Yes.

19      Q     And as far as the chain of command, he is

20  directly under you?

21      A     Yes.

22      Q     Do people blame Mike Parsons for

23  Bobby Huggins leaving?

24            MR. FLAHERTY:  Bobby Huggins leaving? 

25            MR. WAKEFIELD:  Bobby Huggins is the coach.


                                                                      111

 1      Q     Attempt to leave?

 2      A     Oh, Bobby is our coach now, and I don't

 3  know of any attempts for him wanting to leave.

 4      Q     Okay. 

 5            Would you agree with me that when Alabama

 6  came around in December of '06, and the $4 million

 7  figure was put out there, that there wasn't any study

 8  done to figure out what damages the university would

 9  really suffer, if Rodriguez left?

10      A     I don't agree with you on that.

11            MR. ROBON:  Okay.  Could you get me copies

12      of any studies that were done?

13            MR. FLAHERTY:  They have been produced.

14            MR. ROBON:  They have been produced.

15      Q     Who did the one that said it was

16  $7 million?

17      A     That was done with Mike Parsons, he

18  conferred with other people.

19      Q     So he is the one that came up with that

20  number?

21      A     Not him alone.  I mean --

22      Q     Did you have input in it?

23      A     Yes.

24      Q     And if I divided up -- how many people had

25  input in it?


                                                                      112

 1      A     I can't give you a number, I'd -- people

 2  within our department.

 3      Q     Okay.  Well, would you explain to the jury,

 4  Mr. Pastilong, you have been athletics director for

 5  33 years, and only in the last year and a half that a

 6  $4 million penalty clause, or liquidated damages

 7  clause ever came into existence, why wasn't there

 8  something in the first 30 years?

 9            MR. FLAHERTY:  Object to the form.  Use of

10      the word "penalty."

11      A     For a large number of those years we had

12  coaches there who, for a long -- for a long number of

13  years, and upon their retirement, and as we replaced

14  them, it was requested by the particular replacements,

15  initiated by Rich's team of experts, that that would

16  be included.

17      Q     If Rich's --

18      A     So that was our first discussion, with

19  regards to having liquidated damages.

20      Q     If --

21            MR. WAKEFIELD:  Let him finish.

22      Q     Go ahead.

23      A     And we, upon receiving in writing from that

24  team of experts the reasoning, we had discussion here,

25  and it was at that time felt that we would go ahead


                                                                      113

 1  and institute that.

 2      Q     Can you explain the rationale, in his

 3  contract, that says if he left before August 1 of '08

 4  he pays 4 million, but if he leaves after -- I'm

 5  sorry, August 31 of '08, it is only 2 million, if he

 6  leaves after that?

 7      A     Well, that was again from discussion among

 8  the WVU people, and his people of experts, and some of

 9  the reasoning was that if there was a termination that

10  quick, it would be serious damage to him.

11            But, on our end, it was felt that a quick

12  departure would result in very serious damage to us,

13  because we wouldn't have an opportunity to prepare.

14            So, it was a benefit both ways, to have it

15  at that level early, and then to decrease it

16  accordingly.

17      Q     Do you believe in Rich's mind, he felt he

18  had to leave the university because of promises made

19  to him by Craig Walker and Mike Garrison, that weren't

20  kept?

21      A     I can't put myself into Rich's position, so

22  I can't answer that.

23      Q     Did he tell you that? 

24      A     No.

25      Q     Did he infer that?


                                                                      114

 1      A     No.

 2      Q     He never discussed the promises that were

 3  made --

 4            MR. FLAHERTY:  Object to the form.

 5      Q     -- by Garrison, or Walker?

 6            MR. FLAHERTY:  Same objection.

 7      A     No.

 8      Q     What would you have done, as athletic

 9  director, if he hadn't signed his contract on

10  August 24th of 07?

11            MR. FLAHERTY:  Objection.

12      Q     The addendum?

13            MR. FLAHERTY:  Objection, calls for

14      speculation.

15      A     I would have continued.

16            I can't answer that.  I -- I can't speak to

17  that.

18      Q     He was already being paid his raised

19  salary; correct?

20      A     Correct.

21      Q     Did you threaten to reduce his salary back

22  to what it was?

23      A     No.

24      Q     Did Mike Garrison do that?

25      A     Not to my knowledge.


                                                                      115

 1      Q     So, if he didn't threaten to reduce his

 2  salary, what would be the logic that Coach Rodriguez

 3  would sign the addendum?

 4      A     It would be a benefit to him to have the

 5  specifics in there, and to us.

 6      Q     Wasn't Coach Rodriguez angry, when he found

 7  out that the boosters, or the donors hadn't demanded

 8  the $4 million buyout?

 9      A     I don't know.  I can't speak for him.

10      Q     Did you see him angry about it?

11      A     No.

12      Q     I understand Bill Stewart doesn't have a

13  signed contract.

14      A     He has a term sheet, he does not have a

15  contract.

16      Q     And so there is no liquidated damages

17  provision in his contract; right?

18      A     That's correct.

19      Q     Is there liquidated damages in his term

20  sheet?

21      A     First of all, he doesn't have a contract.

22      Q     You said he has a term sheet. 

23      A     A term sheet.

24      Q     Right.  Do you consider a term sheet a

25  contract?


                                                                      116

 1      A     Yes, I think it's binding, yes.  Both ways.

 2      Q     Is there a liquidated damages provision in

 3  Bill Stewart's term sheet?

 4      A     No.

 5      Q     Did the university ask for one?

 6      A     No.

 7      Q     Were you involved in John Beilein's

 8  settlement with the university?

 9      A     Yes.

10      Q     And can you explain to the jury why you

11  took substantially less than what the contract called

12  for as far as liquidated damages?

13            MR. FLAHERTY:  Object to --

14      Q     With Mr. Beilein?

15            MR. FLAHERTY:  Object to the line of

16      questioning, on relevancy.

17      A     At that time there was discussion among the

18  university, and Mr. Beilein --

19            MR. FLAHERTY:  I don't want you to go into

20      attorney-client discussions, that you had on

21      that.  To the extent that there is things beyond

22      attorney-client, that you can get into.

23            But you should not divulge any

24      attorney-client privilege that existed.

25            THE WITNESS:  Okay.


                                                                      117

 1            MR. FLAHERTY:  Between you and university's

 2      counsel, on the Beilein issue.   

 3            Beyond that, go ahead and answer.

 4      A     Ask me the question again.

 5      Q     Can you explain to the jury why you took

 6  substantially less money from John Beilein, than was

 7  called for in his contract as liquidated damages, to

 8  resolve the dispute with him?

 9            MR. FLAHERTY:  Object again on relevancy.

10      A     At the time that was the result of the

11  discussions between Mr. Beilein and the university,

12  and that's how it concluded.

13      Q     It was just negotiations?

14      A     There was discussions back and forth, and

15  it was concluded as such.

16      Q     Was that public knowledge, that

17  Coach Rodriguez would have known about?

18      A     The result?

19      Q     Yes.

20      A     Yes.

21      Q     Do you believe that Coach Rodriguez could

22  have relied upon that as a precedent, if he signed a

23  large buyout provision?

24            MR. FLAHERTY:  Object to the form, calls

25      for speculation.  Irrelevant.


                                                                      118

 1      A     I can't speak for Mr. Rod -- for Rich. 

 2      Q     Okay.  Was the Beilein settlement in April

 3  of 2000 -- I'm sorry -- yes, April of 2007, three

 4  months before Rodriguez signed the addendum on

 5  August 24th of '07?

 6      A     Was that the date?

 7      Q     You signed it.  I mean, do you recall

 8  signing it?

 9      A     I don't recall the date.

10      Q     But -- well, if I told you the document's

11  dated, I think it is April 24th, something like that,

12  I forgot the exact, but it is in April, you don't

13  dispute that?

14      A     All right.  I don't dispute that.

15      Q     Did you hear rumors, or any comments that

16  Mike Garrison may have said to Coach Rodriguez, "If

17  you want to leave, we will never hold you to the

18  4 million, we will work it out, and the lawyers will

19  work it out, like we did with Beilein"?

20      A     No.

21      Q     Does Bobby Huggins have a penalty, or a

22  liquidated damage provision in his contract?

23      A     Yes.

24      Q     And what's the amount, currently?

25            MR. FLAHERTY:  Object, on relevance.  To


                                                                      119

 1      the extent it is public knowledge, I think you

 2      can answer that, and to the extent it invades the

 3      privacy rights of the employee, I don't think you

 4      can. 

 5            MR. ROBON:  Well, that's a public record,

 6      public document.

 7            MR. FLAHERTY:  I said to the extent it is

 8      public, you can do that.

 9      A     I don't recall what that amount is.

10      Q     Is it less than 4 million?

11      A     Yes.

12      Q     Is it 800,000?

13      A     It -- do you have it there?

14      Q     I don't have it.

15      A     Well, I don't recall what it is.

16      Q     How long would it take you to get it, to

17  find out?

18            Over the lunch hour, you could make a phone

19  call, and find out?

20      A     Yes.

21      Q     Would you do that for me?

22      A     Yes.

23      Q     Okay.

24            Was Rita Rodriguez ever involved in any of

25  these negotiations with Rich, to your knowledge, that


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 1  you attended?

 2      A     The discussions early on, with regards to

 3  the letter of agreement, and the contract, yes, she

 4  was present.

 5      Q     Was the web site, that Coach Rodriguez

 6  wanted, to raise money for his assistant coaches?

 7      A     That's what he stated, yes.

 8      Q     Do you know who Tony Cardi is, C-a-r-d-i?

 9      A     Yes.

10      Q     Is he the spokesman for your football team?

11      A     He works for Metro News, and we contract

12  him to work for Mountaineer Sports Network.

13      Q     They announce the games on radio?

14      A     That's correct.

15      Q     Didn't he indicate, during one of the

16  games, that Rodriguez was going to Alabama?

17      A     I don't believe so.  But --

18      Q     Publicly, on radio?

19      A     Not to my knowledge.

20      Q     If he did, would you have terminated the

21  contract with the radio station, or the network?

22            MR. FLAHERTY:  Calls for speculation;

23      objection.

24      A     I can't speak to that.

25      Q     You don't recall him -- you don't recall


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 1  hearing that?

 2      A     Tony Cardi.  No.

 3      Q     You never talked to him about that

 4  incident?

 5      A     No.

 6      Q     What's the salary pool for Stewart's staff

 7  now?

 8            MR. FLAHERTY:  Objection, on relevancy. 

 9      A     It's -- I mean, it's good, it is adequate.

10      Q     How much is it, a dollar figure?

11      A     I don't have that figure.

12      Q     Can you call and get that also?

13      A     I will get you that.

14      Q     What was it under Rodriguez's guidelines,

15  contract?

16      A     I can get you that also.

17      Q     Okay.

18            Is it fair to say that under Bill Stewart,

19  it is more now than it was under Rodriguez?

20      A     For the assistants?

21      Q     Yes.

22      A     Yes.

23      Q     Did Rodriguez ask for more money for his

24  assistants on December 15th, when he met with you and

25  Craig Walker?


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 1      A     I don't believe that was a part of the

 2  discussion, because we had already honored that

 3  particular request.

 4      Q     The request that was in the contract.  But

 5  didn't he ask for more?

 6      A     In the term sheet -- in the term sheet, we

 7  had asked -- there was additional moneys, and we had

 8  already honored that.

 9      Q     Did he ask for more money beyond that,

10  beyond what was in the contract and the term sheet?

11      A     December 15th? 

12      Q     Yes.

13      A     I don't believe so.

14      Q     Did he ask for it any other time, in the

15  fall of 2007?

16      A     I don't believe so.  Since we had already

17  honored the request.

18      Q     Did Governor Manchin select Bill Stewart as

19  the coach?

20      A     No.

21      Q     Did he have influence on the selection of

22  Bill Stewart as the coach?

23      A     No.

24      Q     Did you select Bill Stewart as the coach?

25      A     I was a part of several people, who


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 1  selected him.

 2      Q     Was he selected right after the win at the

 3  bowl game?

 4      A     Yes.

 5      Q     Was it an emotional selection, where the

 6  governor said, "Let's hire him"?

 7      A     There was emotion involved in that, yes.

 8      Q     And the governor said, "Let's hire him;"

 9  right?  Yes?

10            MR. FLAHERTY:  Let him answer the question,

11      Mr. Robon.

12      A     I said, I made the recommendation to hire

13  Bill; Bill Stewart.

14      Q     Right.  But did the governor say, "Let's

15  hire him"?

16      A     I don't recall that.

17      Q     Did the governor take a position on it?

18      A     After I made the recommendation to

19  President Garrison and Chief of Staff Walker, and we

20  had a discussion, and I believe that

21  President Garrison may have conferred with a board

22  member or two, I conferred with some of my immediate

23  staff, and we chose that direction.

24            Now, the governor was out there, that was

25  shared with him, but he was not a part of that


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 1  selection discussion.

 2      Q     But he gave his approval?

 3            MR. FLAHERTY:  Object to your --

 4      A     We --

 5            MR. FLAHERTY:  Object to the form.

 6      A     It was -- we notified him of that.

 7      Q     But if he would have said, "No, don't do

 8  it," you wouldn't have done it; correct?

 9            MR. FLAHERTY:  Object to the form.

10      A     I can't speak to that.

11            THE VIDEOGRAPHER:  We are running out of

12      tape.

13            MR. ROBON:  Yes, let's take a break.

14            THE VIDEOGRAPHER:  The time is 12:19 p.m.,

15      this concludes tape 3, we are going off the

16      record.

17            (Recess taken.)

18            THE VIDEOGRAPHER:  The time is 12:54 p.m.,

19      we are back on the record, this begins tape 4.

20  BY MR. ROBON:

21      Q     Mr. Pastilong, did you have a chance,

22  during the lunch hour, to find out about those

23  questions that I asked you about previously?

24      A     Yes.

25      Q     And the answers are?


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 1      A     The liquidated damages for Huggins,

 2  1 million.

 3      Q     Okay.

 4      A     And the assistant coaches salary pool for

 5  Rich, 1,230,000, and the assistant coaches salary pool

 6  for Billy Stewart, 1,975,000.

 7      Q     So, 645 -- 745,000 more.

 8      A     Correct.

 9      Q     Correct.

10            So, more than 50 percent increase?  Right?

11      A     Right.

12      Q     Now, do you know who leaked the fact that

13  Coach Rodriguez was in Toledo, Ohio, meeting with, or

14  at least not necessarily meeting with, but with his

15  representatives with the University of Michigan

16  president there?

17      A     No.

18      Q     What about the fact, who leaked information

19  that the coach returned to Morgantown from Toledo,

20  after meeting with somebody from Michigan?

21      A     I don't know anything about that.

22      Q     You didn't make any of those calls?

23      A     No.

24      Q     The phone records indicate you made three

25  calls to the governor on December 14th, of '07,


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 1  32 minutes.  It is a long conversation.

 2      A     He and I talk quite a bit, but --

 3            (Thereupon, Pastilong Exhibit F was marked

 4      for identification.)

 5  BY MR. ROBON:

 6      Q     I am going to hand you what we have marked

 7  as Exhibit F.  Is this the calculation that

 8  Mike Parsons made, about your estimate of damages?

 9      A     That's correct.

10      Q     Okay.

11            Did anybody else assist him, to your

12  knowledge?

13      A     I believe that he spoke with some of our

14  MAC, Mountaineer Athletic Club people, and I believe

15  he spoke with Russ Sharp, our associate athletic

16  director for finances, and beyond that, I don't know.

17            (Thereupon, Pastilong Exhibit H was marked

18      for identification.)

19      Q     I am going to hand you what we have marked

20  as Exhibit H.  This is a copy of a document that you

21  supplemented this morning.

22            MR. ROBON:  Do you just want to stipulate

23      that is additional production, things that he can

24      identify? 

25            MR. WAKEFIELD:  G or --


                                                                      127

 1            MR. ROBON:  G, I got H, I'm sorry, I will

 2      do G on the next one.

 3            MR. WAKEFIELD:  This is the response to the

 4      deposition notice duces tecum, that requested

 5      that the deponent bring certain records to the

 6      deposition.

 7            MR. ROBON:  Okay.

 8      Q     You look puzzled, Mr. Pastilong.

 9      A     Go ahead, I am going to --