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Disqualification Hearing For DA Fani Willis Might Stall Investigation Of Trump; Nathan Wade, Georgia Prosecutor, Asked Over His Relationship With Fani Willis. Aired 10:30-11a ET
Aired February 15, 2024 - 10:30 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
[10:30:00]
LAURA COATES, CNN SENIOR AND CHIEF LEGAL ANALYST, FORMER FEDERAL PROSECUTOR, AND SIRIUSXM HOST, "THE LAURA COATES SHOW": What we have just seen now is the former law partner, fraternity brother, and counsel for Nathan Wade leave the witness stand. He might come back, but they are not going to deal with the issue of attorney-client privilege right now. They're instead calling via Zoom. The witness they wanted to call initially, Yeartie. This is somebody who was the executive assistant of Fani Willis, who now they are saying actually has personal knowledge of any relationship, the start of it, other information that would actually give more color to what they're trying to prove here.
Why she is more impactful at this juncture than, say, Mr. Bradley is that there was not an attorney-client relationship. So, there's never the parameters to define whether what you're talking about in court is in fact subject to that attorney-client privilege and problematic.
And remember, the attorney-client privilege does not belong to the attorney. It belongs to the client. Nathan Wade is not allowed it to happen. Let's listen in.
ROBIN BRYANT YEARTIE, FRIEND OF FANI WILLIS, FORMER DA'S OFFICE EMPLOYEE: In college.
ASHLEIGH MERCHANT, DEFENSE ATTORNEY FOR MIKE ROMAN: OK.
YEARTIE: So, 19 -- probably '90 or '91.
MERCHANT: OK. And have you been Friends since 19 90or '91?
YEARTIE: Yes.
MERCHANT: OK. When was the last time you spoke with Ms. Willis?
YEARTIE: March of 20 -- March of 2022.
MERCHANT: OK. From 1991-ish till 2022, were you what you would consider good friends with Ms. Willis?
YEARTIE: Yes.
MERCHANT: OK. And did you all share personal information regularly? YEARTIE: Yes.
MERCHANT: And did you even come and work with her at the DA's office?
YEARTIE: Yes.
MERCHANT: OK. And when she needed a place to stay, did you let her stay at your apartment? Your --
YEARTIE: Yes.
MERCHANT: -- it was a condo, right?
YEARTIE: Condo, yes.
MERCHANT: OK. Do you remember approximately when she moved into your condo?
YEARTIE: It was April of 2021.
MERCHANT: OK. Great. And you know that Ms. Willis and Mr. Wade met at a conference in October of 2019.
UNIDENTIFIED FEMALE: I'm going to object to that, Your Honor, without a foundation for how this witness would know that. If Ms. Merchant can establish she had personal information of that, then certainly that's something the witness can testify to. But if it's -- she heard it from --
SCOTT MCAFEE, JUDGE, SUPERIOR COURT OF FULTON COUNTY: I understand, Ms. Cross. All right. Ms. Merchant, if you could lay the foundation.
MERCHANT: Do you have information that Ms. Willis and Mr. Wade met in October of 2019?
ANNA GREEN CROSS, ATTORNEY FOR FULTON COUNTY DA'S OFFICE: I'm going to renew my objection, Your Honor. Information does not source to personal information. If the question can be rephrased, then that may address my concern.
MERCHANT: So, Judge, I -- let me -- I just want to make sure that I understand. So, they have objected to me calling Willis and Wade --
MCAFEE: It's just a matter of foundation. If you can just rephrase.
MERCHANT: Do you have knowledge of when Willis and Wade met?
CROSS: I'm going to object again. Personal knowledge.
MCAFEE: Overruled.
MERCHANT: Thank you. Do you have personal knowledge of when Willis and Wade met?
YEARTIE: Yes.
MERCHANT: OK.
YEARTIE: She told me that they met conference. I don't know what conference.
MERCHANT: OK.
CROSS: I'm going to renew my objection, Your Honor. Clearly, this is not firsthand information from this witness. It's hearsay that was --
MCAFEE: Which is that -- she told me.
MERCHANT: Yes, it's statement against interest, Judge. If Ms. Willis --
MCAFEE: Just pause.
MERCHANT: I'm sorry.
MCAFEE: OK. Ms. Cross.
CROSS: The representation of the witness, the testimony of the witness was that Ms. Willis, District Attorney Willis had a conversation with her. There is no statement against interest. District Attorney Willis is not a party opponent in this case. The information that the witness has testified to came from Ms. Willis and there's -- we have a hearsay objection to that.
MCAFEE: Why wouldn't she be considered a party opponent in this context?
CROSS: She is a representative of the state, Your Honor. This isn't private litigation or civil litigation. Obviously, the question (ph) -- this is -- Ms. Willis is not on trial. Ms. Willis has not -- is not a party to the litigation outside her obligation to pursue criminal charges for the state.
MCAFEE: Ms. Merchant.
MERCHANT: Judge --
MCAFEE: I guess it's evolved into a hearsay objection.
MERCHANT: Yes, Judge. And we plan on calling Ms. Willis to the stand. She's under subpoena. So, hearsay will be cured if there is a hearsay objection as so far as that issue. But we do still think that it's a statement against interest. Ms. Willis has filed a document that states that they met at this municipal court conference. So --
CROSS: I'm -- Your Honor, I think maybe I can streamline a little bit. State will stipulate that District Attorney Willis and Mr. Wade met in October 2019 at the judicial conference that we've been talking about. There's no reason to get it secondhand from this witness. Well, that's true.
MCAFEE: All right. Do you accept the stipulation, Ms. Merchant?
MERCHANT: Yes.
MCAFEE: All right.
MERCHANT: Am I permitted then to ask questions about that since it's now not hearsay?
MCAFEE: If it's just to a stipulation, if it's just to that basic fact, I don't think we need a question if there's a follow-up.
MERCHANT: OK.
MCAFEE: Did you think it's a miss, well, go for it.
[10:35:00]
MERCHANT: Ms. Yeartie, you have personal knowledge that Ms. Willis and Mr. Wade began their romantic relationship soon after this time that they met at the municipal court?
CROSS: I'm going to object to that question that certainly is a leading question. No foundation has been laid for how this witness would have personal knowledge of that. Until that's happened, the state objects.
MERCHANT: Judge --
MCAFEE: I think you can do a yes or no and then follow-up with how she knows it.
MERCHANT: Thank you.
Do you know if Ms. Willis and Mr. Wade started dating in October of 2019?
YEARTIE: I don't know if it was October of 2019.
MERCHANT: Could it possibly be November of 2019?
YEARTIE: Could possibly.
MERCHANT: OK. And when we spoke, you said it was shortly after the municipal court conference, though, correct?
YEARTIE: Yes.
MERCHANT: OK. So, you know that their relationship, their personal relationship began shortly after this municipal court conference?
YEARTIE: Yes.
MERCHANT: And when I say personal, romantic, is that -- is -- I just want to make sure we don't get in an argument over what personal and romantic is later. When I ask you personal, do you take that to mean romantic?
YEARTIE: Yes. MERCHANT: OK. And do you understand it that their relationship began in 2019 and continued until the last time you spoke with her?
YEARTIE: Yes.
MERCHANT: And you were essentially her best friend during this time, right?
YEARTIE: Not best friend. Good friend.
MERCHANT: Good friend, OK. Close friend. And so, would you frequently socialize with her?
YEARTIE: Yes.
MERCHANT: OK. And you saw her at work every day?
YEARTIE: Yes.
MERCHANT: So, you had a chance to see them interact together on a personal level?
YEARTIE: Yes.
MERCHANT: And so, from everything that you saw, heard, witnessed, it's your understanding that they were in a romantic relationship beginning in 2019.
YEARTIE: Yes.
MERCHANT: And when you left the D.A. -- oh, I'm sorry. Let me ask you, you said that Ms. Willis came to live with you in April of 2021 -- I'm sorry. April 1st 2020 or 2021?
YEARTIE: She didn't live -- I never lived with her.
MERCHANT: OK. I'm sorry. She took over your lease in April 1m, 2020, correct?
YEARTIE: No, 2021.
MERCHANT: 20 -- OK. I'm -- I had it both ways, so I'm glad you clarified. So, when she took over your lease in April 1, 2021, it's your understanding she moved out of the house that she was sharing with her father and started staying at the condo?
YEARTIE: Yes.
MERCHANT: And is it your understanding that that's because she needed to have her own space?
YEARTIE: Yes.
MERCHANT: Away from her father?
YEARTIE: Yes. MERCHANT: OK. When you left the at D.A.'s office, was it -- were you fired?
YEARTIE: No, I resigned.
MERCHANT: You resigned. OK.
Just one moment, Judge.
Can you tell us why you resigned to the D.A.'s office?
YEARTIE: The number of things that was happening.
MERCHANT: A number of things were happening, is that what you said, ma'am?
YEARTIE: Yes.
MERCHANT: OK. What was happening that you that caused you to resign?
YEARTIE: It was a spiral of things. So, I guess the last draw is I was put in a department that I knew had no knowledge about, something happened, and I didn't like it. They didn't like it. And that was it.
MERCHANT: OK. Did you have any falling outs with Ms. Willis?
YEARTIE: Well, we never spoke after that.
MERCHANT: You never spoke after that, OK. And so, you're -- you know, without going into all the painstaking details, there is no doubt in your mind that from 2019 until 2022, Ms. Willis and Mr. Wade were in a romantic relationship?
YEARTIE: What's the question?
MERCHANT: You have no doubt that their romantic relationship was in effect from 2019 until the last time you spoke with her?
YEARTIE: No doubt.
MERCHANT: OK. And that's based on your personal observations and observe -- and, you know, speaking with them and seeing them together and things like that?
YEARTIE: Yes.
MERCHANT: OK. No other questions. Thank you. The other folks may after I have some questions for you, Ms. Yeartie.
MCAFEE: Mr. Sadow (ph).
SADOW (PH): Do you want me to go to the --
MCAFEE: If it's more than a couple questions, then sure. But if not --
SADOW (PH): It's only a couple of questions. I think --
MCAFEE: OK.
[10:40:00]
SADOW (PH): Can the court reporter hear me OK?
Ma'am, let me be very specific. Did you talk with Ms. Willis about her romantic relationship with Mr. Wade.
YEARTIE: Yes.
SADOW (PH): Did Ms. Willis tell call you on more than one occasion that she was engaged in a romantic relationship with Mr. Wade prior to you leaving the district attorney's office.
YEARTIE: Did she tell me or did I observe?
SADOW (PH): What? I'm saying -- right now, you could (ph) tell me.
YEARTIE: Yes.
SADOW (PH): Did she tell you that in the year of 2020?
YEARTIE: Yes.
SADOW (PH): In the year of 2021?
YEARTIE: Yes.
SADOW (PH): Are you certain that Ms. Wade told you -- I'm sorry, Ms. Willis told you about I think the romantic relationship with Mr. Wade prior to November 1st of 2021.
YEARTIE: Yes.
SADOW (PH): Now, did you also have observations of Mr. Wade and Ms. Willis together prior to November 1st of 2021?
YEARTIE: Yes.
SADOW (PH): And are those observations, were those in a social setting?
YEARTIE: Yes.
SADOW (PH): And did you observe them do things that are -- is it common among people having a romantic relationship?
YEARTIE: Yes.
SADOW (PH): Such as? Can you give us an example?
YEARTIE: Hugging, kissing, those affection.
SADOW (PH): All before November 1st of 2021, correct? YEARTIE: Yes.
SADOW (PH): That's all I have.
MCAFEE: Mr. Docks (ph)?
DOCKS (PH): Ma'am, did I understand you decided that, you know, the period of time when you and Ms. Willis lived together?
YEARTIE: No.
DOCKS (PH): No further questions.
MCAFEE: All right. Mr. Durham?
JIM DURHAM: Nothing from me, Your Honor.
MCAFEE: Mr. McDougall (ph)?
MCDOUGALL (PH): Nothing, Your Honor.
MCAFEE: Mr. Rice (ph)?
RICE (PH): Good morning, Ms. Yeartie. Are you -- were you aware in 2021 of any trips, social trips that Ms. Willis and Mr. Wade took together?
YEARTIE: No.
RICE (PH): Are you aware of any social trips that Ms. Willis and Mr. Wade took together in 2022?
YEARTIE: No.
RICE (PH): And are you aware of them in 2020 or 2021 spending the evening together overnight?
YEARTIE: None.
RICE (PH): No further questions.
MCAFEE: Mr. Gillen (ph)?
GILLEN (PH): No questions, Your Honor.
MCAFEE: Mr. McCullough (ph)?
MCCULLOUGH (PH): No questions.
MCAFEE: Mr. Cromwell (ph)?
CROMWELL (PH): No questions, Your Honor.
MCAFEE: Ms. Cross.
CROSS: I do have some questions. Thank you, Your Honor. Ms. Yeartie, we haven't met before, is that correct?
YEARTIE: Correct.
CROSS: You're able to see and hear me OK?
YEARTIE: Yes.
CROSS: All right. I want to start with couple of things. Now, I think you've made it clear that you never lived -- and we'll call it the South Fulton address, the South Fulton condo that you were leasing, you never lived at that address with District Attorney Willis, correct?
YEARTIE: Correct.
CROSS: And never at any time?
YEARTIE: Never.
CROSS: All right. You never observed or have any information about District Attorney Wade and -- District Attorney Willis and Nathan Wade living together, correct?
YEARTIE: Correct.
CROSS: You don't have any information about that?
YEARTIE: No, I don't.
CROSS: Anybody said that that information was sourced to you that that's incorrect?
YEARTIE: That's incorrect.
CROSS: Did District Attorney Willis pay rent at that establishment, at that condo while you -- while she lived there and you were living elsewhere?
YEARTIE: Yes.
CROSS: Who paid the rent?
YEARTIE: She didn't.
CROSS: Nathan Wade ever pay the rent?
YEARTIE: No.
CROSS: And you never told anyone otherwise? I didn't answer -- I didn't hear your answer there, Ms. Yeartie. Did you ever tell anyone otherwise?
YEARTIE: No.
CROSS: All right. So, let's talk for a second about time at the district attorney's office. You were disciplined several times in the district attorney's office during your employment there, correct?
YEARTIE: No.
CROSS: You weren't written up ever for poor performance, Ms. Yeartie?
YEARTIE: Once, not several.
CROSS: One time you were written up for poor performance. Were you counseled several times about your performance in the district attorney's office that was subpar?
YEARTIE: No.
CROSS: Did the district attorney tell you that your performance was insufficient and that you were going to be fired?
YEARTIE: No.
CROSS: That never happened?
YEARTIE: No. Maybe when we went at the end -- what's the question?
[10:45:00]
CROSS: The question, Ms. Yeartie, was did the district attorney ever counsel you on your poor performance in the district attorney's office prior -- and inform you that you were going to be fired?
YEARTIE: I don't really know how to answer that.
CROSS: I'm looking for the truth.
YEARTIE: I don't really know how to answer that. I mean, a situation happened that wasn't my fault. And I either was going to resign or be let go. So --
CROSS: You understood that that was the situation? You could resign or you could be let go?
YEARTIE: Correct. Yes.
CROSS: You were not welcome to stay?
YEARTIE: No.
CROSS: And the conversation where you informed that you could resign or you could be fired, that conversation was not the first conversation you had with the district attorney about your poor performance in the office, correct?
YEARTIE: Well, it was kind of a spiral, but no.
CROSS: Yes, it was. Whatever the situation was --
STENO (PH): Objection --
UNIDENTIFIED MALE: Excuse me.
STENO (PH): -- by counsel, questions are fine.
MCAFEE: Understood, Mr. Steno (ph). Ms. Cross.
CROSS: Ms. Yeartie, the circumstances of your leaving the district attorney's office ended your friendship with the District Attorney Willis, correct?
YEARTIE: Yes.
CROSS: You all haven't spoken since?
YEARTIE: No.
CROSS: All right. I want to talk about the representations that you made here this morning, Ms. Yeartie, about any relationship between District Attorney Willis and Mr. Wade. I wanted you to tell me what was the first time any -- let me ask you this way. You said that District Attorney Willis personally informed you of a romantic relationship. Is that what you testified up to?
YEARTIE: Yes.
CROSS: When did that conversation that you purport to have to recall? When did that happen?
YEARTIE: I mean, I don't have a month or a day, but just talking. Just talking in general.
CROSS: Your Honor, could I keep this witness under subpoena? But that's all the questions I have right now.
MCAFEE: All right. Thank you, Ms. Cross.
MERCHANT: I have to recross then -- I mean, redirect. I'm sorry.
MCAFEE: All right. On those points only.
MERCHANT: Yes, just those points.
The state asked you a lot about when you were let go, when you resigned. Did something happen as far as purchasing that you didn't feel comfortable with? Purchasing things through the county for Ms. Willis that caused you to not be comfortable working there anymore?
YEARTIE: No.
MERCHANT: And I didn't tell you how to testify here today, though, right?
YEARTIE: Right.
MERCHANT: OK. And everything you've testified to is from your personal knowledge?
YEARTIE: Yes.
MERCHANT: OK. And you've told the truth here today?
YEARTIE: Yes.
MERCHANT: OK.
Judge, I believe she's only under my subpoena, and I'm fine releasing her from that subpoena.
SADOW (PH): Not yet.
MERCHANT: Oh, I'm sorry.
MCAFEE: By show of hands from other counsel, starting with Mr. Sadow (ph).
SADOW (PH): Your honor, I believe the door has been opened now to ask this particular witness about statements that Ms. Willis made to her. She brought it up on cross-examination on a couple of occasions. Did Ms. Willis say this or inform you of that? So, I'd like to now ask her questions directly about what Ms. Willis told her about her romantic relationship.
MCAFEE: I think we'll take those one at a time. Question by question, and we can address those to see. I don't know about a complete opening of the door. We'll see where we go.
SADOW (PH): The first time that you spoke to Ms. Willis about her relationship, romantic relationship, with Mr. Wade, do you happen to remember what Ms. Willis said, in essence, not word for word, but in essence what she said?
YEARTIE: No.
SADOW (PH): Do you remember the first time she told you, in whatever words were used, that there was a romantic relationship?
YEARTIE: No.
SADOW (PH): Is this the kind of conversation that you had with your best friend ongoing over a period of time in which it was common knowledge to you that there was an ongoing relationship between Ms. Willis and Mr. Wade?
YEARTIE: What's the question?
SADOW (PH): I'll ask it again. Is the nature of your then relationship with Ms. Willis such that you were having these ongoing conversations, best friend type conversations about her relationship with Mr. Wade?
YEARTIE: I don't remember.
[10:50:00] SADOW (PH): We're getting any further in too much detail. Is there any doubt, at all, that Mr. Wade and Ms. Willis had a romantic relationship as was told to you prior to November of 2020?
MCAFEE: All right. She was already asked that question by Ms. Merchant.
SADOW (PH): I just didn't know whether that is --
MCAFEE: She said -- and she said no. No doubt.
SADOW (PH): OK.
MCAFEE: All right. Any other defense counsel by show of hands? Seeing none. Last recross from Ms. Cross. Anything else?
CROSS: Not this time, Your Honor, but we've asked the witness remain under subpoena and subject to recall.
MERCHANT: Judge, she's under my subpoena, and I'm releasing her from my subpoena. So, if they want to subpoena her, they will go under subpoena (ph).
MCAFEE: Ms. Cross.
CROSS: I would prefer that the court keep under subpoena. I think --
MCAFEE: Sure.
CROSS: -- given the representation of Ms. Marchant, given how she intends to proceed today, then this witness may need to be recalled.
MCAFEE: All right. Understood. In the interest and knowing that we may have to bring witnesses back and forth, I think it's in the interest of effective presentation of the evidence here. Ms. Yeartie, you are still going to remain under the offices of your subpoena. And so, please stay in touch with your attorney. We may need you to rejoin us on Zoom at some point today or tomorrow. Understood?
YEARTIE: OK.
MCAFEE: All right. Don't discuss your testimony with any other potential witnesses, all right?
YEARTIE: All right.
MCAFEE: All right. You can log off.
MERCHANT: And Judge, I'd ask -- just can Mr. Partridge stay on for just one moment?
MCAFEE: For what Reason.
MERCHANT: The state have made some allegations that I misrepresented some things to the court. And I just like the opportunity to clear that up, that Mr. Partridge is the one that told me that they lived together for a month. They've called me everything but a liar today. And so, I just think that it's appropriate for everyone to know where that information came from.
MCAFEE: All right. Ms. Merchant, I think you've made your position clear. That's -- I don't think we want me to get sidetracked on that. All right. Mr. Merchant, you can call your next witness.
MCAFEE: Thank you. You can call Mr. Wade now
PARTRIDGE: Judge, may I be excused as well, please?
MCAFEE: All right. Take care, Mr. Partridge.
PARTRIDGE: Thank you, Judge.
MCAFEE: All right.
COATES: So, we have been hearing the testimony of the former assistant or friend of Fani Willis, and a former employee of the district attorney's office. We're hearing a lot of back and forth. She did confirm that she, in fact, had personal knowledge that Nathan Wade and Fani Willis had been in a personal romantic relationship as early as 2019 up until they beat -- they stopped communicating. Following her resignation from the DA's office in 2022. Really important testimony coming in today. Although she was challenged a number of times on the reason she resigned. Trying to establish there's some kind of ax to grind.
Nick Valencia is here with me right now. Nick, there were some pretty important moments just now in our testimony. And by the way, she's there under subpoena. No one seems to want to be in this courtroom. Not Mr. Bradley, not Nathan Wade, not Fani Willis, certainly not this witness via Zoom as well. Tell me about the most important moment to you.
NICK VALENCIA, CNN CORRESPONDENT: It took a lot of time for us to even get to this point.
COATES: Yes.
VALENCIA: No one seemed to want to testify or talk. It's really important because leading up in today, Ashleigh Merchant, the defense attorney for Mike Roman who brought these allegations to light, she says she proved -- can prove two lies. One, that they cohabitated. That Fani Willis and Nathan Wade lived together. The other, is that she can prove that they are misrepresenting when this relationship began. And it's very important what we just heard here.
This is -- was teed up to be a major day, a defining day. And we just heard some very dramatic testimony that seems to contradict specifically what Fani Willis put in a written legal brief responding in court, in writing, submitting this document to court saying that this happened, this relationship, this personal relationship began in 2022. Well, we just heard something that contradicts that.
COATES: Right. VALENCIA: We heard that it actually began in 2019, and that is very important.
COATES: I was surprised though for the questioning. There wasn't more information that was extracted about the nature of why she believed it. She kept being asked, is there any doubt in your mind?
VALENCIA: Yes.
COATES: I mean, they should have gone further. What did you see? When did you see? She said she saw affection. Hugging and kissing. But there should have been more testimony about this very notion. Also, the cohabitation part of this, Nick, we know that she was leasing an apartment of some kind, a sublet to Fani Willis through her own testimony.
She did not say they cohabitated, was not aware of them actually living together, but she said they -- she was aware of Fani Willis leaving her father's home to then have her own space.
VALENCIA: That's right.
COATES: The intimation, of course, is the why she wanted her own space. That was not brought out in actual testimony.
VALENCIA: No, and we'll potentially hear more of that from other witnesses because there was the safehouse that was brought up in legal filings where it is alleged that Fani Willis and Nathan Wade cohabitated there by Ashleigh Merchant in her briefs and her filings.
COATES: But do we know if that, "Safe house" was actually that?
We have Nathan Wade coming into the courtroom, by the way.
VALENCIA: Yes.
COATES: Let's watch him. He's coming into the stands. Let's listen in to what he might be saying. Remember, everyone had to be out of the courtroom until they had to testify. Here he is taking the stand about to have the oath.
NATHAN WADE, SPECIAL PROSECUTOR IN TRUMP'S GA ELECTION CASE: My name is Nathan Wade, N-A-T-H-A-N W-A-D-E.
MERCHANT: Good morning, Mr. Wade.
WADE: Good morning.
MERCHANT: Prior to filing this motion to disqualify, you and I were friends, correct?
WADE: Yes.
[10:55:00]
MERCHANT: And in fact, I supported you when you ran for judge in 2016.
WADE: You did.
MERCHANT: I wore your shirts. My kids wore your shirts.
MCAFEE: Ms. Merchant, your personal opinions have no relevance.
MERCHANT: OK.
MCAFEE: And I mean that in the best way, All right.
MERCHANT: That's completely fine. I will move on.
MCAFEE: Let's get to the point.
MERCHANT: Thank you. No, no, no. I -- totally fine. Thank you.
You filed for divorce from your wife on November 2nd 2021?
WADE: Yes, ma'am.
MERCHANT: OK. And in that divorce proceeding, did you file answers, things such as interrogatories?
WADE: I did.
MERCHANT: OK. And so, interrogatories `are where you're responding to things that basically answers that the other side is asking?
WADE: Yes, ma'am.
MERCHANT: And I've got your complaint for divorce. I'm just going to mark it for the record as it is defendant's Exhibit 2. The first interrogatories that you answered, those were December 27, 2021, is that right?
WADE: There about, yes, ma'am.
MERCHANT: OK. And in those -- you were asked different things, but those are sworn. You actually swear to those. You verify them, right?
WADE: Yes, ma'am.
MERCHANT: OK. And so, that verification is where you're swearing under oath that everything in it is true?
WADE: Yes, ma'am.
MERCHANT: And let's see, the -- you were asked if you had any documents were which relate to the purchase of gifts by you to any person other than the defendant with whom you have or had a relationship -- romantic relationship from the date of your marriage, correct?
WADE: Yes, ma'am.
MERCHANT: OK. And you responded under oath that you didn't have any documents to that?
WADE: That's correct.
MERCHANT: You again responded to an interrogatory. You updated those responses on May 30, 2023?
WADE: Yes, ma'am.
MERCHANT: OK. And you actually sent those directly to opposing counsel in the divorce?
WADE: Yes, ma'am. I think so.
MERCHANT: But in that one, you answered none against that question, correct?
WADE: Yes, ma'am.
MERCHANT: OK. So, May 30, 2023, you said that you didn't have any documents showing any purchase of anything with someone that you had a romantic relationship with.
WADE: I believe the interrogatory was gifts.
MERCHANT: OK.
WADE: Not anything, yes.
MERCHANT: And I have it, if you want to take it. I'm going to mark -- OK. So just for the record, I've got your Complaint for divorce marked as number two. I've got the verification and the interrogatories from 2021, I'm going to mark those as three. And then your May 30, 2023, I'm going to mark as four.
Judge, may I approach the witness?
MCAFEE: You may.
MERCHANT: Thank you.
That is what I marked as four. This is what I marked as three. OK. Thank you, judge.
All right. If you would take a look at what I marked as two, three, and four, I just need you to recognize those.
WADE: I do.
MERCHANT: And are those -- that's your divorce complaint and then your 2021 interrogatory and your 2023 interrogatory, correct?
WADE: Yes, ma'am.
MERCHANT: OK. Are they a fair and accurate representation of what is filed in that case?
WADE: Yes, ma'am.
MERCHANT: I'd move to admit those into evidence, Judge.
MCAFEE: And this is two, three, and four?
MERCHANT: It's two, three, and four, yes.
MCAFEE: All right. Any objection from the state?
MERCHANT: The divorce?
CROSS: No objection to three and four. And subject to Ms. Merchant's representation that two is a filing of divorce. I just don't -- the divorce complaint, I don't have that in front of me that's subject to that representation, Judge.
MCAFEE: All right. And by show of hands, any objection from other defense counsel? Seeing none, defendants two, three, and four, this should be Roman's -- what we just saw, two, three, and four admitted without objection.
MERCHANT: So, that interrogatory that you filed in 20 23, that's the one where you said, no. That you didn't have any documents relating to the purchase of gifts that you had a romantic relationship with someone, right?
WADE: Number -- which interrogatory are we talking about?
MERCHANT: Number four, 2023.
WADE: Which number in the interrogatory?
MERCHANT: Number 4?
WADE: So, which number interrogatory are you referring to?
MERCHANT: It's defendant's exhibit number four.
WADE: I have defendant's exhibit four here.
MERCHANT: Mm-hmm.
WADE: Which number interrogatory are we referring to?
MERCHANT: Oh, which -- like, which number out of the questions?
WADE: Yes, ma'am.
MERCHANT: Hold on. It is number 20 -- 24, 25, 26.
[11:00:00]
