Document zdv7Lzdr4qxxMbebOdv5D1NaB

1 1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA 2 EASTERN DIVISION 3 JOHN R. SWIFT and BARBARA SWIFT, 4 Plaintiffs, 5 CIVIL ACTION NUMBER versus 6 CV-97-AR-2430-E MONSANTO COMPANY, INC., 7 et al., 8 Defendants. 9 / 10 CONTINUATION OF DEPOSITION OF STEVEN BRADLEY 11 The continuation of the deposition of 12 STEVEN BRADLEY was taken before Deborah Salers 13 Garrett, Certified Shorthand Reporter, 14 Registered Professional Reporter, as 15 Commissioner, commencing at 1:05 p.m. on June 16 23, 1999, by the Plaintiffs, at the law 17 offices of Lightfoot, Franklin & White, The 18 Clark Building, 400 North 20th Street, 19 Birmingham, Alabama, pursuant to the 20 stipulations set forth herein. 21 Regional Reporting Service, Inc. 22 755 Walnut Street Gadsden, Alabama 35901-0755 23 2 SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037393 1 APPEARANCES 2 For the Plaintiffs: 3 DONALD W. STEWART, Esq. STEWART & SMITH 4 1131 Leighton Avenue Anniston, Alabama 36201 5 ELLEN B. MALOW, Esq. 6 KASOWITZ, BENSON, TORRES & FRIEDMAN, LLP 700 Louisiana Street, Suite 2200 7 Houston, Texas 77002 8 CHARLES CUNNINGHAM, Esq. Morrissey Building, Suite 200 9 304 West Liberty Street Louisville, Kentucky 40202 10 11 For the Defendants: 12 ADAM PECK, Esq. LIGHTFOOT, FRANKLIN & WHITE, LLC 13 The Clark Building 400 North 20th Street 14 Birmingham, Alabama 35203 15 INDEX 16 Page 17 Stipulations 4 18 Reporter's Certificate 343 19 20 EXAMINATIONS 21 Witness: STEVEN BRADLEY Page 22 By Mr. Stewart 16 23 REGIONAL REPORTING SERVICE, INC. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037394 3 1 EXHIBITS 2 Plaintiffs' Marked Offered 3 Three Four 4 Five Six 5 Seven Eight 6 Nine Ten 7 Eleven Twelve 8 Thirteen Fourteen 9 Fifteen Sixteen 10 Sixteen-A Seventeen 11 Eighteen Nineteen 12 Twenty Twenty-one 13 Twenty-two Twenty-three 14 Twenty-four Twenty-five 15 Twenty-six 134 134 170 177 217 220 236 238 241 246 247 251 260 263 283 276 278 279 279 280 302 304 306 316 317 16 No other exhibits were marked for 17 identification, offered or attached as exhibits hereto. 18 19 20 21 22 23 SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037395 REGIONAL REPORTING SERVICE, INC. 4 1 STIPULATIONS 2 IT IS STIPULATED AND AGREED by the 3 parties, through their respective counsel, 4 that the deposition of STEVEN BRADLEY may be 5 taken before Deborah Salers Garrett, CSR, RPR, 6 as Commissioner and Notary Public, Alabama at 7 Large, at Birmingham, Alabama, on June 23, 8 1999, at 1:05 p.m. 9 IT IS STIPULATED AND AGREED that the 10 signature to and reading of the deposition by 11 the witness is waived, the deposition to have 12 the same force and effect as if full 13 compliance were had with all laws and rules of 14 Court relating to the taking of depositions. 15 IT IS STIPULATED AND AGREED that it 16 shall not be necessary for any objections to 17 be made by counsel to any questions except as 18 to form or leading questions and that counsel 19 may make objections and assign grounds at the 20 time of trial or at the time said deposition 21 is offered in evidence or prior thereto. 22 IT IS STIPULATED AND AGREED that notice 23 of filing by the Commissioner is waived. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037396 REGIONAL REPORTING SERVICE, INC. 1 STATE OF ALABAMA, BIRMINGHAM, JUNE 23, 1999 2 3 MR. STEWART: Do y'all want to 4 treat this as a continuation 5 of the deposition with the 6 same stipulations that we 7 talked about previously? 8 MR. PECK: Sure. 9 MR. STEWART: Usual stipulations 10 and also the understanding 11 that we can use this in the 12 Abernathy case with y'all's 13 agreement and any other cases 14 that we file against Monsanto 15 in the state court of federal 16 court. 17 There were some things, 18 Adam, that were set out in 19 the order we got as a result 20 of our hearing yesterday that 21 you all were to provide us. 22 As I read the order, there SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037397 23 was some factual information REGIONAL REPORTING SERVICE, INC. 6 1 concerning the Solutia 2 Alabama Technology Funding 3 program. Y'all were to 4 disclose that to us. We were 5 to be informed of the nature 6 of the program, the 7 communities eligible, factual 8 details. 9 MR. PECK: I read that. I thought 10 it was kind of strange that I 11 was supposed to provide it 12 because he knows a whole lot 13 more about that than I do. 14 That is free game for you to 15 ask him. It is also in the 16 documents you received. 17 There is a lot in there about 18 that. I suggest you just ask 19 him. I mean, I don't know 20 about it. 21 MR. STEWART: So it is my SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037398 22 understanding, then, that you 23 are not going to make any REGIONAL REPORTING SERVICE, INC. 7 1 kind of response in 2 compliance with the order, or 3 are you saying that you are 4 making him available -- 5 MR. PECK: Exactly. 6 MR. STEWART: -- to ask that and 7 respond to those questions? 8 MR. PECK: That's the way I took 9 -- maybe I didn't take it 10 right, but that is the way I 11 took the order, that 12 basically I would allow -- 13 the information be made 14 available to you, and he is 15 capable of providing that 16 information. 17 MR. STEWART: All right. The next 18 item is the draft document 19 dated March 1st, 1999. The 20 contents of that memo, as I SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037399 21 understand the order, are to 22 be produced to the plaintiffs 23 to the extent it has REGIONAL REPORTING SERVICE, INC. 8 1 otherwise been published or 2 released. 3 MR. PECK: It has not. 4 MR. STEWART: Is it my 5 understanding that your 6 position would be at this 7 point in time, by your 8 statement there, that that 9 has not been released? 10 MR. PECK: Exactly. 11 MR. STEWART: And the other thing 12 I wanted to sort of clear the 13 deck on -- and it doesn't 14 have anything necessarily to 15 do, although it does in a 16 way, with this deposition. 17 We have the deposition of 18 Beth Rusert. Do you know 19 when that is? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037400 20 MS. MALOW: July the 7th or 8th. 21 MR. STEWART: And we have filed a 22 fairly comprehensive request 23 for production of documents REGIONAL REPORTING SERVICE, INC. 9 1 to Ms. Rusert. I wanted to 2 know -- In conjunction with 3 Cahill's deposition we asked 4 for some documents both -- in 5 the request for production of 6 documents. Our position was 7 we asked for his file, and we 8 did not receive -- I think we 9 received four documents in 10 that. But there have been a 11 substantial number of 12 objections that have been 13 filed by Suzanne Alldredge to 14 that discovery request and 15 producing what Mr. Cahill had 16 in his file. 17 MR. PECK: Well, I don't believe 18 you did ask for his file. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037401 19 That is why you didn't get 20 it. I understand that 21 basically Beth Rusert's 22 request asks for that file. 23 And we will review that REGIONAL REPORTING SERVICE, INC. 10 1 request and produce documents 2 appropriately. You will get 3 a lot more than four 4 documents. 5 MR. STEWART: Let me just ask you. 6 Is it my understanding today, 7 then, that y'all are going to 8 take a limited view of the 9 documents that we are 10 entitled to receive in 11 connection with Beth Rusert's 12 deposition? 13 MR. PECK: That's exactly what I 14 didn't say, Donald. I said 15 you will get a lot more than 16 four documents. I think you 17 have now clearly asked for -- SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037402 18 I can't quote the request, 19 but I think you have asked 20 for the public affairs file 21 pertaining to the Anniston 22 plant, and you will get that. 23 I think that is what you have REGIONAL REPORTING SERVICE, INC. 11 1 done, or maybe you asked for 2 Alabama. Whatever it is you 3 asked for, you will get. 4 There may be -- There 5 may be in that file -- I 6 mean, having said that, I 7 should say this. There may 8 be in that file -- I haven't 9 looked at it. But there may 10 be some -- there may be some 11 issues like we dealt with 12 yesterday, that there be some 13 issues that have to go in a 14 privilege log. 15 MR. STEWART: What I would ask 16 that you do, and I'd like to SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037403 17 ask on the record here, is 18 you do that in advance 19 because Ellen is going to 20 participate with me in that 21 deposition and in fact may 22 take that deposition. She 23 will fly in from Houston, and REGIONAL REPORTING SERVICE, INC. 12 1 I will fly in from here. We 2 don't want to the be involved 3 in the same situation we were 4 with Mr. Bradley. I think 5 the appropriate way under the 6 rules -- I may be wrong, but 7 the appropriate way under the 8 rules -- We are fighting 9 limitations as far as time is 10 concerned. But you are to 11 file some kind of motion for 12 protective order prior to 13 that time. If you don't do 14 that, then what we would 15 expect Ms. Rusert to do is SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037404 16 give us whatever documents 17 you would be obj ecting to. 18 MR. PECK: I don't think that is 19 true. I think that you 20 incorrectly stated what the 21 rules require. However, I 22 was going to, you know -- I 23 thought what you were going REGIONAL REPORTING SERVICE, INC. 13 1 to do is ask if we could 2 produce the documents in 3 advance. That was going to 4 be my effort, to produce -- 5 if there is a privilege log, 6 it will be produced. 7 MR. STEWART: That would certainly 8 be fine. Are you agreeing to 9 do that? 10 MR. PECK: Yes. 11 MR. STEWART: Produce the 12 documents in advance and if 13 there are some privilege 14 items -- SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037405 15 MR. PECK: We will create one. 16 MR. STEWART: Because if that was 17 not going to be the case what 18 we would want to do is take 19 that matter up, since Judge 20 Ott is here today, take that 21 matter up after we got 22 through with Mr. Bradley. 23 MR. PECK: You know, I can agree REGIONAL REPORTING SERVICE, INC. 14 1 to produce in advance and 2 produce a privilege log if we 3 need one. 4 MR. STEWART: Can you give us some 5 idea -- Today is June the 6 what -- 7 MR. PECK: 23rd. 8 MR. STEWART: Can you get them to 9 us, say, by the end of the 10 week? 11 MR. PECK: I cannot. I have other 12 things to do. 13 MR. STEWART: Can you do it by the SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037406 14 first of next week? 15 MR. PECK: No, I cannot. I can 16 get them to you by, say, July 17 5, which is two days in 18 advance. And if there is a 19 problem we can take it up. I 20 don't have the documents even 21 in my possession right now. 22 You know -- 23 MR. STEWART: Well - REGIONAL REPORTING SERVICE, INC. 15 1 MR. PECK: I literally dropped 2 everything to deal with the 3 problems we have had with 4 Mr. Bradley. I was here 5 until ten thirty last night 6 working for other clients. I 7 just can't do it. I know you 8 don't think I work on 9 anything else, but I do. 10 MR. STEWART: I didn't say what 11 you work on, and I understand 12 you have other clients. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037407 13 MR. PECK: I will promise to have 14 the documents and a privilege 15 log if necessary in your 16 hands by July 5. 17 MR. STEWART: Why don't we do 18 this: Why don't we alert 19 Judge Ott to the fact that 20 might come up and let him 21 know, because we may have 22 some of the same kind of 23 questions about that. And REGIONAL REPORTING SERVICE, INC. 16 1 instead of filing all these 2 briefs and everything, just 3 let him take a look at them. 4 MR. PECK: That is fine, if you 5 will would like to. 6 MR. STEWART: All right. 7 8 EXAMINATION 9 BY MR. STEWART: 10 Q. Mr. Bradley, at the time that we broke 11 last time in connection with this SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037408 12 deposition of yours, we were -- I was 13 asking you about your work. Ms. Malow 14 was asking about your work history. And 15 there was a portion of that work history 16 we did not get. I want to know for whom 17 you worked from 1990 to 1993. 18 A. I worked from September 1990 to 19 approximately the end of November 1993 20 for Waste Management, Inc., of Alabama. 21 Q. You had previously told her -- and I 22 will have some other questions. In 23 response to Ms. Malow's questions you REGIONAL REPORTING SERVICE, INC. 17 1 told her you worked as the president of 2 Waste Management -- 3 A. Inc., of Alabama. 4 Q. And I'll ask you some more questions 5 about that. But were you in that 6 position then from September to the end 7 of November? 8 A. September of '90 to November of '93. 9 September of 1990 to November of 1993. 10 Q. So you worked for Waste Management SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037409 11 during that period of time? 12 A. That's correct. 13 Q. Other than Waste Management, Alabama 14 Power Company, and AmSouth, what 15 entities have you worked for since you 16 graduated from school? 17 A. I worked for -- immediately upon 18 graduation from graduate school -- 19 undergraduate I was in the military in 20 between -- I worked for Shell Oil 21 Company. 22 Q. What did you do for Shell? 23 A. I was editor of a publication out of the REGIONAL REPORTING SERVICE, INC. 18 1 New Orleans office and then was -- 2 Q. Was that an internal publication of 3 Shell? 4 A. Yes. It was a magazine called The Shell 5 Record. 6 Q. Did you have any public affairs 7 responsibility with Shell other than 8 putting out that publication? 9 A. I didn't in that first assignment in New SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037410 10 Orleans. I was there about a year and a 11 half, '71 through part of'72. I was 12 transferred to the corporate office in 13 Houston, and I had some general public 14 affairs responsibilities there. 15 Q. When you say general public affairs 16 responsibilities, what kind of work did 17 you do? 18 A. Did a lot of writing work, speech 19 writing, helped some with media 20 inquiries, helped produce materials, 21 briefing materials, booklets, that kind 22 of thing. 23 Q. When you say media inquiries, did you REGIONAL REPORTING SERVICE, INC. 19 1 handle matters that had to do with the 2 environmental issues that Shell might be 3 facing at that period of time? 4 A. I was a very junior employee. I mainly 5 assisted others who were the principal 6 respondents to media inquiries. 7 Q. When you say assist them, what did you 8 do? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037411 9 A. Helped -- When the inquiry would come 10 in, sometimes they would need assistance 11 in gathering the data to respond to it. 12 I would help them do that and help 13 formulate the answers. 14 Q. Media would ask questions about 15 products, about spills, about those 16 kinds of things? Did you handle those 17 kind of things? 18 A. Occasionally there was an environmental 19 issue. I did very little media 20 relations work. Mostly what I did was 21 writing, a lot of speech writing, a lot 22 of writing for various publications, 23 brochures, pamphlets, that kind of REGIONAL REPORTING SERVICE, INC. 20 1 thing. 2 Q. Have any contact with regulatory 3 agencies during that period of time? 4 A. Not during that time. 5 Q. What did you do next? 6 A. I came to Alabama in 1974 as executive 7 director of the Alabama Press SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037412 8 Association. 9 Q. And how long did you work as executive 10 director of the Alabama Press 11 Association? 12 A. Until 1978. 13 Q. Who were some of the people who were on 14 your board or who were -- Did it have a 15 board of directors? 16 A. Uh-huh (indicating yes). 17 Q. Who were some of the people that were on 18 your board? 19 A. Frank Helderman, who was at that time 20 publisher of the Gadsden paper, now in 21 Florence; Shelton Prince, who is 22 deceased, who was at The Daily Mountain 23 Eagle; Jack Venable, who was with the REGIONAL REPORTING SERVICE, INC. 21 1 then -- owned The Tallassee Tribune. 2 Oh, goodness. Jim Oakley, who was -- 3 had the Centreville papers, now sold. I 4 would have to go back and look. But it 5 was a makeup of daily and weekly 6 newspaper editors and publishers. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037413 7 Q. During that time frame did you ever have 8 any contact with Brandy Ayers, who is 9 editor of The Anniston Star, while you 10 served as executive director of Alabama 11 Press Association? 12 A. I had some. Brandy was not on any 13 board. 14 Q. What was the nature of that contact? 15 A. Oh, limited. He was the publisher of 16 one of the member papers. I would see 17 him at events. We were just 18 professional acquaintances. 19 Q. Did you ever visit in his home, or did 20 you ever have opportunity to see him 21 socially there in Anniston? 22 A. We did one time along with a lot of 23 other people. He had a reception. The REGIONAL REPORTING SERVICE, INC. 22 1 Press Association summer meeting was at 2 Alpine Bay, and they had a reception at 3 their house. 4 Q. Other than that did you have any contact 5 with Brandy that you -- SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037414 6 A. We would talk occasionally just like 7 anyone else. 8 Q. But he didn't serve on your board, 9 didn't have an official capacity during 10 the time period? 11 A. I don't recall -- I may be wrong, but I 12 don't believe Brandy served on any of 13 the boards during that time. 14 Q. What exactly did you do as executive 15 director of the Press Association, just 16 run that operation basically? 17 A. It was a state trade association for 18 newspapers, and we provided various 19 services to the member papers. 20 Q. Did you ever do any lobbying for the 21 newspaper industry while you served from 22 '74 to '78? 23 A. I did. That was part of my REGIONAL REPORTING SERVICE, INC. 23 1 responsibilities. 2 Q. Asa result of that did you begin work 3 at that point in time in '74 dealing 4 with the legislature and dealing with SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037415 5 state government? 6 A. I did. 7 Q. Did you ever work in Washington any 8 while you served in that capacity? Did 9 you ever do any work there? 10 A. Limited. We relied on the National 11 Newspaper Association to do the 12 Washington work. But we had an annual 13 event -- I think it was in March every 14 year -- where we would go to Washington 15 and participate in some social affairs 16 that -- where the local congressional 17 delegation was invited. 18 Q. Tell me what you did next after you left 19 the Alabama Press Association in '78. 20 A. I went to work for Alabama Power Company 21 in 1978. 22 Q. And what was the nature of the j ob you 23 took with them? What was your job or REGIONAL REPORTING SERVICE, INC. 24 1 position? 2 A. My first position was assistant vice 3 president of corporate communication. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037416 4 Q. And what were your responsibilities as 5 assistant vice president for corporate 6 communication? Did you do internal type 7 work or external? 8 A. Both. I had responsibilities for 9 internal and external communications for 10 the company. 11 Q. In that capacity did you deal with the 12 press on a regular basis throughout 13 Alabama? 14 A. I did. 15 Q. Did you handle environmental issues with 16 the Alabama Power Company during the 17 time you were in that position? 18 A. Sometimes environmental issues came up. 19 Most of the time my direct dealings with 20 the media had to do with financial rate 21 matters. 22 Q. In connection with what environmental 23 issues you dealt with, did you ever REGIONAL REPORTING SERVICE, INC. 25 1 lobby in the legislature for 2 environmental type legislation during SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037417 3 the time you worked for the power 4 company? 5 A. No. My -- I didn't -- My 6 responsibilities increased in 1985, I'm 7 going to say. I think that's correct. 8 Q. What happened then? Did you get a new 9 position with the company? 10 A. Yeah. I was promoted to vice president 11 of public affairs and assumed 12 responsibilities for governmental and 13 public relations communications. 14 Q. When you say public relations 15 communication and governmental, did you 16 primarily deal with press relations in 17 your first position and then later -- 18 A. No. Press was a part of, but I think I 19 had six sections, employee 20 communications, graphics, advertising, 21 media relations, public relations, and 22 community relations. So media was a 23 part of it, but it was one of six REGIONAL REPORTING SERVICE, INC. 26 1 functions. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037418 2 Q. And you added government relations as 3 part of that litany you just went 4 through there? 5 A. In addition to that. 6 Q. What were your responsibilities in 7 charge of government relations? What 8 exactly did you do in that capacity? 9 A. I was generally responsible for 10 overseeing the company's governmental 11 relations program in Montgomery and 12 Washington. 13 Q. What did that consist of and what did 14 you do on a daily basis in Montgomery 15 and Washington for the power company? 16 A. First Washington was basically handled 17 by the Southern Company Washington 18 office. We acted in coordination with 19 them, but the Southern Company unit was 20 assigned that responsibility for all the 21 companies in Washington. In Montgomery 22 generally we tried to be aware of 23 legislation or possible -- possible REGIONAL REPORTING SERVICE, INC. 27 SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037419 1 legislation or possible regulation that 2 might have an impact on the enterprise 3 and to be sure we knew what was in that 4 legislation and to determine what our 5 position was. 6 Q. Did the power company have a PAC? 7 A. It did. 8 Q. Did you have any participation in the 9 operation of the PAC -- 10 A. I did. 11 Q. -- political action committee? What was 12 the nature of that? 13 A. Sometime after 1985, when I assumed that 14 other responsibility, I was elected 15 chairman of the PAC. 16 Q. And you made decisions, the PAC group 17 made decisions as to how the money would 18 be allocated? 19 A. We had a PAC board. I was just a member 20 of that board. 21 Q. As a result of your contacts in 22 Montgomery or your work in Montgomery 23 was your view of who should receive what REGIONAL REPORTING SERVICE, INC. 28 SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037420 1 given some note in the meetings that you 2 had? 3 A. Well, I had a voice, and so did others 4 and so did members of the PAC. It 5 was -- There was a lot of input into the 6 decisions. 7 Q. Was it an executive type PAC or people 8 who were not time card folks or was 9 it10 A. No. We solicited rank and file 11 employees, and they would make a 12 decision on whether to contribute to the 13 PAC or not. 14 Q. During the time that you worked in this 15 capacity -- And for how long? You 16 started there in'85. How long did you 17 do that? 18 A. Until I left in 1990. 19 Q. And when you left in 1990, you began the 20 firm that you -- 21 A. I went to work for Waste Management. 22 Q. That's right. And worked for them until 23 1993? REGIONAL REPORTING SERVICE, INC. 29 SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037421 1 A. Correct. 2 Q. During the time you worked for the power 3 company did you have any contact with 4 the Alabama Department of Environmental 5 Management or the EPA? 6 A. With Alabama Power? 7 Q. Yes. 8 A. Some very limited. We had an 9 environmental -- There was an 10 environmental department, and that was 11 their primary responsibility. 12 Q. Tell us about what contact you had with 13 them. 14 A. With ADEM? 15 Q. Yes. 16 A. Very limited. 17 Q. Who did you contact when you did do that 18 work? 19 A. I don't recall ever contacting anybody 20 directly with ADEM. 21 Q. Can you -- Sorry. I didn't mean to cut 22 you off. 23 A. Primarily the environmental affairs REGIONAL REPORTING SERVICE, INC. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037422 30 1 department had that responsibility. 2 Q. What role did you play if any in any 3 contacts that were made? What did you 4 do in any contacts that were made? 5 A. As I said, there were very few. 6 Q. You did not make any or you did make 7 some? 8 A. I may have made some. If I did it was 9 rare direct contact. 10 Q. Do you remember anything at all about 11 the contact or who you talked to? 12 A. Very little. I don't even recall a 13 specific -- I'm sure I had some 14 contacts. But I don't even recall the 15 names. The company was very 16 departmentalized. It was very specific 17 in responsibilities, and that was the 18 environmental affairs department, and we 19 followed their lead. We were supportive 20 of -- 21 Q. What they would do? 22 A. Right. 23 Q. Did you ever have any contact with EPA? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037423 REGIONAL REPORTING SERVICE, INC. 31 1 A. Even less. 2 Q. Did you ever have any contact with any 3 governmental officials or government 4 officials about problems that might 5 exist, environmental problems that might 6 exist? 7 A. Oh, probably. I do not recall exactly, 8 but there were air issues with 9 generating plants. There were water 10 issues, other issues. I'm sure I did. 11 But again that was not my primary 12 responsibility. 13 Q. What were the circumstances surrounding 14 your limited contact with the Alabama 15 Department of Environmental Management? 16 A. Goodness, I don't even -- I don't 17 recall. 18 Q. What were the circumstances surrounding 19 the limited contact you have just 20 indicated you had with EPA? 21 A. I don't even -- I don't even recall any 22 direct contact with EPA. 23 Q. What air issues were you involved in? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037424 REGIONAL REPORTING SERVICE, INC. 32 1 A. Well, there are always emissions issues. 2 especially with regard to coal fire 3 generating plants. I mean, we were very 4 aware of those issues. 5 Q. What were they? What were the issues 6 that you are talking about that you 7 addressed? And then I would ask you to 8 tell me who you addressed those -- the 9 company's position to. 10 A. Well, again, that wasn't direct contact 11 that I recall that I initiated on my 12 own. We might have been a part of an 13 effort, but that is all kind of vague, 14 frankly. It would have to do with 15 emissions. And I am not a technical 16 person, so I can't even tell you what 17 the emissions were. I know there was a 18 concern about particulate matter. I 19 know there was a concern about some 20 gaseous emissions. But I don't know 21 what they were. 22 Q. What position do you recall -- did the SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037425 23 company take -- those concerns were REGIONAL REPORTING SERVICE, INC. 33 1 expressed apparently by a regulatory 2 agency. Would that be EPA or ADEM? 3 A. Probably both. 4 Q. What were the regulations if you recall 5 and what was y'all's response? 6 A. Well, generally -- I don't recall 7 specifics at all. But generally it 8 would probably be related to the cost of 9 controlling emissions and the effect 10 that that cost would have on the rates 11 that it had to charge to customers. 12 Q. Is that the period of time when they put 13 up all the big smoke stacks at these 14 facilities? 15 A. The extension of the stacks? 16 Q. Yes. 17 A. It could be. I honestly -- I don't 18 remember. 19 Q. And this may just be an old wives' tale. 20 But there wassomething that sort of 21 circulated among those of us who might SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037426 22 or might not be interested in this issue 23 that what happened during that period of REGIONAL REPORTING SERVICE, INC. 34 1 time -- in fact it might have been one 2 of the rate hearings that I heard some 3 of this stuff -- that the smoke stacks 4 were raised and then the tests were done 5 below the smoke stacks. You know, the 6 air above that smoke stack was horrible, 7 but the testing device was far, far 8 below the -- 9 A. I don't know. 10 Q. Do you think that ever happened? Just 11 sort of out of curiosity I would like to 12 know. 13 MR. PECK: Object to the form of 14 the question. 15 A. I have no way to respond to that. The 16 whole time I was with the power company 17 I was never involved with anything that 18 I thought was improper. 19 Q. Did you have any contact with Monsanto 20 when you worked with the power company? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037427 21 A. Not that I recall, no. 22 Q. Did you ever visit in the Anniston area 23 or make contacts with anybody at that REGIONAL REPORTING SERVICE, INC. 35 1 Anniston plant over there? 2 A. No. 3 Q. Can you remember those issues that you 4 all were dealing with? You mentioned 5 emissions issues. Any other issues 6 y'all dealt with state government on in 7 the regulatory area or with government 8 officials? I know you talked about 9 rates. 10 A. Regulatory, that would be far and away 11 -- the rate issue would be the primary 12 issue. 13 Q. But any issue that might be categorized 14 as environmental type issues other than 15 what you just mentioned that you were 16 involved in while you were there? 17 A. Well, again, those issues -- the 18 company's position on those issues, the 19 action that was recommended, the initial SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037428 20 contact, all of that was through the 21 environmental affairs department. 22 Q. Tell me if you would, if there are any 23 public officials today who are in office REGIONAL REPORTING SERVICE, INC. 36 1 with whom you have a relationship in 2 your public relations that you made 3 contact first with in this job you had 4 with Alabama Power Company. 5 A. I'm not sure I understand the question. 6 You mean are there some still around? 7 Q. Probably poorly phrased. Are there some 8 people still in office that you had 9 contact with while you were involved as 10 vice president of governmental 11 affairs -- 12 A. Yeah. There are still some members of 13 the legislature. 14 Q. Were some of those members of the 15 legislature people you might have 16 supported through the PAC at that time, 17 if you recall? 18 A. Could have been. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037429 19 Q. Who would some of those members of the 20 legislature be? 21 A. Probably not many now. 22 Q. Most of them are lobbying. 23 A. Live to fight again. Let me think just REGIONAL REPORTING SERVICE, INC. 37 1 a minute. Not many members of the 2 House. Gosh, I can't recall any in the 3 House right now. I'm trying to think in 4 the Senate. Current members, probably 5 Senator Mitchum. 6 Q. Hinton? 7 A. Hinton Mitchum, Senator Biddle, probably 8 Senator Bedford, but I'm not sure about 9 that, probably. I can't remember how 10 long he has been there. I'd have to 11 look at a list of them. But there are 12 probably a few, not many. 13 Q. The Birmingham senator -- 14 A. From Birmingham? 15 Q. Yeah. Any senators from Birmingham that 16 are presently there that you -- 17 A. No. I think most of--Let's see. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037430 18 There is Senator McClain, Senator 19 Smitherman, Senator Russell, Senator 20 Wagner -- I think Senator Wagner. 21 Q. Jabbo is who I was thinking of. 22 A. He was in the House at that time. 23 Q. Is he still in the state Senate? REGIONAL REPORTING SERVICE, INC. 38 1 A. Yes, he is in the Senate. 2 Q. Do you still have contact with Jabbo? 3 A. I do from time to time. 4 Q. Let me ask you. When you went to work 5 with Waste Management, there were 6 questions asked the other day in that 7 capacity. What exactly -- And I wanted 8 to sort of get that particular entity 9 nailed down that you were president of. 10 It is my understanding -- and if I'm 11 wrong, please correct me -- that the 12 Waste Management corporation -- And I 13 want to get the name of it. Is it Waste 14 Management, Inc.? 15 A. Waste Management, Inc., was the 16 corporate entity with the national -- or SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037431 17 international corporate Waste 18 Management, Inc. 19 Q. But you were president of-20 A. Waste Management, Inc., of Alabama. 21 Q. Now, it is my understanding that Waste 22 Management, Inc., of Alabama, based on 23 what you told Ms. Malow the other day, REGIONAL REPORTING SERVICE, INC. 39 1 is a public affairs corporation or did 2 public affairs work for a number of 3 waste management companies that were 4 located in Alabama. 5 A. That's correct. 6 Q. Tell me if you would -- and you 7 mentioned some of those companies. Some 8 of them handled solid waste. Some were 9 recycling entities. Didany of them 10 operate any kind of regulated landfills 11 that would accept waste from other 12 facilities? 13 A. Yes, probably so. 14 Q. Where were those located? 15 A. Well, one of the Chemical Waste -- SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037432 16 Chemical Waste operated or owned the 17 Emelle hazardous waste facility. 18 Q. That is part of this larger entity that 19 y'all did public affairs work for? 20 A. Well, we -- There was the corporate 21 parent, Waste Management, Inc., which 22 was headquartered in Oakbrook, Illinois. 23 There were a number of different REGIONAL REPORTING SERVICE, INC. 40 1 companies in Alabama. It was a large 2 presence. One was Chemical Waste, which 3 operated the Emelle facility -- 4 Q. Is that known as Chem Waste? 5 A. Yes. There was a recycling operation in 6 Birmingham that was operated as Recycle 7 America. Rust Engineering was acquired 8 during that time by Waste Management. 9 We worked with them on various issues. 10 Waste Management of Alabama, Inc., 11 operated hauling and waste disposal. I 12 don't believe they operated or owned any 13 solid waste landfills. I believe they 14 contracted with others, but that is a SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037433 15 little vague. 16 Q. When you say hauling and waste disposal, 17 was that industrial waste? 18 A. No. That was residential. 19 Q. Not industrial waste? 20 A. No. 21 Q. Anything else that was operated in 22 Alabama? 23 A. There was a facility in Demopolis that REGIONAL REPORTING SERVICE, INC. 41 1 manufactured what is called roll-off 2 waste containers, which are big steel 3 containers, and they manufactured them 4 in the Demopolis facility. That was 5 really a subsidiary of the Chemical 6 Waste, I believe. 7 Q. Chem Waste or Emelle was owned at one 8 time by who? Who owned that before it 9 was sold? 10 A. I don't know that. 11 Q. You don't know the principals in that? 12 A. No, I don't. 13 Q. Tell me if you would what issues you SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037434 14 were involved in that had to do with the 15 environment in your public affairs role 16 with Waste Management, Inc. 17 A. That had to do with the environment? 18 Q. Yes, environmental issues that came up 19 during your tenure with them from '90 to 20 '93. 21 A. Well, I guess the primary environmental 22 issues were involved with waste 23 disposal. REGIONAL REPORTING SERVICE, INC. 42 1 Q. And what were those issues that came up 2 that had to do with waste disposal? 3 A. Principally the operation or the fact 4 that when you pick it up you have to put 5 it somewhere. And that generally means 6 a landfill, and there are environmental 7 issues surrounding landfills. They have 8 to be properly constructed and permitted 9 and so forth. And there are always 10 concerns about the effect of the 11 environment from those landfills. 12 Q. Have to be properly constructed. And SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037435 13 would it also be true that they have to 14 be properly maintained and properly 15 operated? 16 A. Absolutely, right. 17 Q. What issues did you wind up dealing with 18 while you were there that had to do with 19 the operation -- and I assume it would 20 be of Emelle or maybe this recycling. 21 A. We didn't have anything to do with the 22 operational end of it at all. Our job 23 is to provide, as I said before, public REGIONAL REPORTING SERVICE, INC. 43 1 affairs support services for those 2 companies. That involved helping them 3 with media relations, community 4 relations, legislative relations, that 5 kind of thing. We had nothing to do 6 with any operational matters. 7 Q. I wasn't asking about operations. You 8 indicated there were some environmental 9 issues that you dealt with. I wanted to 10 know what those were and what were the 11 circumstances that you got involved and SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037436 12 how you got involved and what you did. 13 A. The only environmental -- or the major 14 environmental issues, I guess, would be 15 that generally people don't want 16 landfills sited wherever landfills need 17 to be sited. So -- And there was - 18 There were environmental concerns 19 surrounding the Emelle facility because 20 that facility was permitted to accept 21 hazardous waste, and there were concerns 22 about environmental effects there. And 23 our responsibility was generally to REGIONAL REPORTING SERVICE, INC. 44 1 assess those issues and develop response 2 to them. 3 Q. Well, to whom -- Well, first let's go to 4 Emelle. Where exactly is that facility 5 located? 6 A. It is located in Emelle, Alabama, which 7 is in west Alabama. Gosh, I forget the 8 county, but it is roughly near 9 Livingston, Alabama. 10 Q. Was there not some environmental racism SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037437 11 concerns expressed about Emelle at some 12 point in time? 13 A. I think there have been from time to 14 time. 15 Q. Did that occur at any point in time 16 between '90 and '93 while you were 17 there? 18 A. It probably did. 19 Q. How did you deal with that? 20 A. Well 21 Q. What was your involvement with it and 22 how did you deal with it? 23 A. I didn't have much involvement with it. REGIONAL REPORTING SERVICE, INC. 45 1 There were very little of that when I 2 was there. 3 Q. How did it come up if at all when you 4 were there, Mr. Bradley? 5 A. I just was aware there were several 6 community groups around the Emelle 7 facility. And you know, this is all 8 very vague. I can't tell you specifics. 9 I just know that -- I think I recall SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037438 10 some of those groups making those 11 allegations, but that just -- That was a 12 small part of what -- if I dealt with it 13 -- what I dealt with. 14 Q. What was the company's response to that? 15 A. Well, the company's response was that 16 the facility was sited there because of 17 the unique chalk geologic formation 18 beneath the facility and that that made 19 it an ideal place to take hazardous 20 waste, because it was secure with some 21 eight or nine hundred feet, I think, of 22 that virtually impermeable chalk, and 23 that is why the facility was located REGIONAL REPORTING SERVICE, INC. 46 1 there. 2 Q. Did you have any connection with that 3 with the media? Did you prepare press 4 releases or anything like that or have 5 people do that in connection with that 6 issue? 7 A. I don't ever recall very much media 8 activity surrounding that. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037439 9 Q. Did you meet with any ADEM people or EPA 10 people in connection with that issue? 11 A. Possibly, but I just don't recall. 12 Q. Did you ever deal with any 13 legislative -- 14 A. Let me say the people who were at the 15 facility were the main contact both with 16 the community and with the regulatory 17 agencies. So we were again in a support 18 role. 19 Q. So you are saying you did not have any 20 direct contact with anybody at ADEM or 21 anybody at EPA? 22 A. I may have. I can almost say I didn't 23 at EPA, but that was not our primary REGIONAL REPORTING SERVICE, INC. 47 1 responsibility. 2 Q. I would just ask you if you recall 3 having any contact with anybody at ADEM. 4 A. I could have. I don't remember. 5 Q. Let me ask you. And this is -- I will 6 get right back to this. Have you met 7 with anybody from this firm since we SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037440 8 left the deposition the other day to go 9 seek Judge Ott's -- 10 MR. PECK: This firm being 11 Lightfoot Franklin? 12 MR. STEWART: Yes. 13 A. After the deposition, we met earlier 14 this morning. 15 Q. Okay. When you say we, who are you 16 referring to? 17 A. My counsel, Mr. Peck. 18 Q. Mr. Peck? 19 A. Mr. Peck. 20 Q. For what period of time did you meet? 21 A. Briefly approximately eleven thirty this 22 morning. 23 Q. You met at eleven thirty, and you met REGIONAL REPORTING SERVICE, INC. 48 1 from eleven thirty until now or until 2 the deposition started at one? 3 A. Well, we had lunch during that time 4 period. 5 Q. Were discussions -- And I don't want to 6 know what was said, but were y'all SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037441 7 discussing your preparation for your 8 deposition here today? 9 MR. PECK: Well10 MR. STEWART: Mr. Peck, I'm just 11 asking if he had discussion. 12 MR. PECK: Without disclosing the 13 content, I think you can 14 answer that question. 15 A. Yes, we discussed-- 16 MR. PECK: I'm instructing you not 17 to disclose the contents of 18 our communication. 19 Q. I would not want you to do that. I just 20 want to know if you discussed your 21 testimony here today. 22 A. Yes. 23 Q. Did you review documents? REGIONAL REPORTING SERVICE, INC. 49 1 A. A few. 2 Q. Were any of those documents documents 3 that you have already disclosed to us? 4 A. Yes. 5 Q. What were they? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037442 6 A. One of them was a fact sheet which went 7 with a news release of the Education 8 Connection program. 9 Q. When you say fact sheet, are you talking 10 about a sheet that explained the program 11 itself? 12 A. Uh-huh (indicating yes). 13 MR. PECK: Is that yes? You have 14 to answer yes. 15 THE WITNESS: Yes. I'm sorry. 16 Q. And what else? 17 A. I looked at the court's order, Judge 18 Ott's order. 19 Q. All right. 20 A. There weren't many. 21 Q. Well, I'm not going to hold you to '90 22 and '93, Steve, but I will hold you to 23 tell me what documents you looked at REGIONAL REPORTING SERVICE, INC. 50 1 from eleven thirty to one o'clock today. 2 A. We didn't look at many. We looked at 3 those two. We looked at -- Gosh, I'm 4 just trying to remember. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037443 5 Q. You are younger than lam. I know you 6 can remember that. 7 A. We looked at -- 8 MR. PECK: If you recall, you can 9 tell him. 10 MR. STEWART: If you need to look 11 at something to refresh your 12 recollection and look at the 13 binder over there, that is 14 permissible. I know Mr. Peck 15 will be more than glad to 16 hand them to you. 17 MR. PECK: If you can, try not to 18 mess them up. 19 A. We looked at a couple of the news 20 releases. 21 Q. What were they? 22 A. These three news releases dated April 23 26th - REGIONAL REPORTING SERVICE, INC. 51 1 MR. PECK: Can you use your 2 documents instead of mine? 3 MR. STEWART: I don't have them in SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037444 4 the same order you do. I 5 will be glad to replace them, 6 get copies of them. 7 MR. PECK: They are in your file. 8 A. Mainly I was just trying to recall the 9 date. We looked at those. 10 Q. These are the news releases that went 11 out in Foley and Anniston and Decatur 12 about the Solutia education program? 13 A. Yes. Can I pull this out? 14 Q. Yes, you can. 15 THE WITNESS: I'm saving your 16 place. 17 A. We looked at this document. 18 Q. How would you call that document? 19 A. I would call that a fact sheet. 20 Q. So sort of gives the basic facts of what 21 the Solutia Education Connection program 22 is? 23 A. Right. It went with the news release, REGIONAL REPORTING SERVICE, INC. 52 1 and then we looked at one document that 2 is protected. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037445 3 MR. PECK: Well, don't tell him 4 about that. 5 THE WITNESS: Sorry, I was 6 remembering. 7 MR. PECK: I mean, you can tell 8 him you looked at it. But 9 don't tell him about the 10 document. 11 Q. Can you tell us on the privilege log 12 which one is it you had reference to 13 that you looked at? 14 MR. PECK: If you recall. 15 A. I looked at all of them, but -- 16 Q. Can you tell us which one it was? 17 MR. PECK: Here is the order. 18 A. I didn't look at the privilege log. 19 MR. PECK: Can I put these back? 20 MR. STEWART: Yes. 21 A. I did not look at the privilege log. I 22 did look at this (indicating). 23 Q. But you indicated you looked at a REGIONAL REPORTING SERVICE, INC. 53 1 document that was referred to on the SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037446 2 privilege log. 3 A. No. It was not the privilege log. It 4 was Judge Ott's order. 5 Q. Right. But I believe your testimony -- 6 and of course you correct me if I'm 7 wrong, but that you looked at one of the 8 documents that was -- 9 A. Yes. 10 Q. -- on the privilege log. All I would 11 ask you to do -- Certainly wouldn't want 12 to look at the document, but this is 13 Plaintiffs' Exhibit Two to your other 14 deposition. I just ask you to point out 15 which one of the documents you would 16 have reference to that you looked at. 17 MR. PECK: You can tell him that, 18 if you know which one you 19 looked at. 20 Q. Do you want to look at the privilege 21 log? 22 MR. PECK: He didn't see that. He 23 was looking at the order. If REGIONAL REPORTING SERVICE, INC. 54 SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037447 1 anything will help him 2 remember, it will be that. 3 Q. Well, you were good enough the other day 4 to refresh his recollection. Why don't 5 you refresh his recollection while I go 6 get a cup of coffee? 7 MR. PECK: I don't know. 8 A. I looked at what is listed as item five, 9 and I looked at the front of each of the 10 documents listed as item five in Judge 11 Ott's order. 12 Q. And was item five those two lists of 13 witnesses? 14 A. Yes. 15 Q. I don't want to know what was said, but 16 did y'all have discussions about those 17 lists? 18 MR. PECK: You can't tell him what 19 was said. 20 MR. STEWART: I didn't ask him 21 that. 22 Q. Did you have discussion with Mr. Peck 23 about it? REGIONAL REPORTING SERVICE, INC. 55 SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037448 1 A. Briefly. 2 Q. All right. Anything else you looked at? 3 A. No. 4 Q. While we areon those items that you 5 just mentioned that y'all -- Well, 6 before I leave that -- Strike that. 7 Did you talk to anybody else other 8 than Mr. Peck between the time your 9 first deposition was stopped and we came 10 here today? 11 A. Anybody in the firm? 12 Q. Anybody in the firm or anybody in 13 connection with Monsanto or anybody in 14 preparation. 15 MR. PECK: He talked to a lot of 16 people. In connection with 17 what? 18 Q. Let me just ask who you talked to -- 19 Either Monsanto employees, Solutia 20 employees, Adam Peck, Mike Kelly? 21 A. I talked to one other individual 22 yesterday, Kevin Cahill, who is going on 23 vacation the rest of this week and next REGIONAL REPORTING SERVICE, INC. 56 SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037449 1 week. 2 Q. What did you talk to Mr. Cahill about? 3 A. The fact he was going on vacation. 4 Q. Any other conversation had by you and 5 Mr. Cahill about your deposition or 6 matters -- 7 A. Mentioned the deposition, that we didn't 8 get all the way through it, that we were 9 scheduled to resume tomorrow. 10 Q. Any other conversation you had with him 11 about that? 12 A. No. 13 Q. Did you review any documents other than 14 those that you reviewed with Mr. Peck? 15 A. No. 16 Q. Did you have any telephone conversations 17 with Mr. Peck before you came up here 18 today to meet with him? 19 A. Other than I was going to be late. 20 Q. But did you have any conversation -- 21 A. I did call late Monday. 22 MR. PECK: Again, he is not 23 entitled to the contents of REGIONAL REPORTING SERVICE, INC. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037450 57 1 any discussions. 2 A. Yes, we had discussions 3 Q. But you did have a telephone 4 conversation with him in addition and 5 discussions about -- 6 A. No, I didn't have a telephone 7 conversation with him. I called and 8 left a message. 9 Q. Okay. And that was when? 10 A. That was Monday 11 THE WITNESS: Is that all right? 12 MR. PECK: Whatever you remember. 13 I'm not really here to 14 refresh your recollection, 15 but you tell him what you 16 remember. 17 A. And earlier this morning. 18 Q. In connection with that document that 19 you looked at, those two documents that 20 you looked at that were listed in our 21 Exhibit Two, Plaintiffs' Exhibit Two to 22 your first deposition and referred to in 23 paragraph five, there were two witness SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037451 REGIONAL REPORTING SERVICE, INC. 58 1 lists. One is dated March 1999 and the 2 other is dated April 1999. Who sent 3 those to you? 4 A. I do not know. They just appeared in 5 the mail. 6 Q. Just appeared in the mail? 7 A. Uh-huh (indicating yes). 8 Q. Nothing with it? 9 A. One of them I think had a distribution 10 list. 11 Q. Did it come from Mr. Cahill? 12 A. I don't know. 13 Q. Did it have an envelope that just had no 14 outside designation on it? 15 A. It probably had an envelope with my name 16 on it, but my secretary threw it away, 17 I'm sure. 18 Q. It contained names, addresses, and 19 telephone numbers, the March 1999 list 20 did. When did you get that? When did 21 you receive that? 22 A. I guess roughly the end of March, first 23 of April, probably. I don't remember. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037452 REGIONAL REPORTING SERVICE, INC. 59 1 Q. You received a list dated April of 1999. 2 When did you receive -- 3 A. Probably April. 4 Q. Who sent that to you? 5 A. I do not know. 6 Q. You don't remember when you got it -- I 7 mean you don't remember who sent it to 8 you. Again, it was opened by your 9 secretary? 10 A. Just like most items that I get, she 11 opens, throws the envelopes away, and 12 puts the contents in my in basket. 13 Q. After you received the list, did you 14 contact any of the people on the list? 15 A. No. 16 Q. Have you had any contact with any of the 17 people on that list -- either list since 18 March of 1999? 19 A. Yes. 20 Q. Who? 21 A. Kevin Cahill primarily. 22 Q. Anybody else? You say primarily. That SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037453 23 leads me to think there might have been REGIONAL REPORTING SERVICE, INC. 60 1 other people. 2 A. I don't really know who is on the list. 3 I frankly didn't pay any attention to 4 it. I just put it in a stack. 5 MR. PECK: If you did know who is 6 on the list, I would have to 7 object. But if you don't 8 know, you can't tell. He is 9 not entitled to know the 10 contents of the list. 11 MR. STEWART: I am entitled to 12 know if he contacted any of 13 the people on the list. 14 MR. PECK: I don't think you are. 15 Q. You indicated you contacted Mr. Cahill 16 What was discussed during the time you 17 contacted Mr. Cahill between March of 18 1999 and the present day? And I'm 19 talking particularly now with reference 20 to the list. Did y'all discuss the 21 list? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037454 22 A. No. 23 Q. Have you ever shown that list to anyone REGIONAL REPORTING SERVICE, INC. 61 1 other than providing it to us in this 2 deposition today? 3 A. No. 4 MS. MALOW: He didn't provide it. 5 MR. PECK: You mean on the 6 privilege log? 7 MR. STEWART: Yes. 8 Q. Let me ask you this: Who has access to 9 your file there in your office? 10 A. Myself and my secretary. 11 Q. What is her name? 12 A. Kay Syx, S-y-x. 13 Q. Would she have seen this list? I assume 14 she would have. 15 A. Sure. 16 Q. Who else works with you in that office? 17 A. Nobody on that side. 18 Q. Nobody on that side? 19 A. Yes. 20 Q. Who else works at your office besides SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037455 21 Ms. Syx? 22 A. There is another individual, Lynn 23 Sampson who occasionally works with me. REGIONAL REPORTING SERVICE, INC. 62 1 Q. I have seen Lynn Sampson's name on 2 documents that have been submitted, 3 newspaper clippings, things that have 4 been sent out from your office. And you 5 are not saying that Ms. Sampson is a 6 person who does not have access to your 7 file and would not have gone through it 8 from time to time, are you? 9 A. She wouldn't have gone through my file 10 without asking me. 11 Q. Do you recall her asking you since March 12 of 1999 about going through the file? 13 A. No, I don't believe she has. 14 Q. What is her role or responsibility in 15 connection with this case? What is her 16 role or responsibility? 17 A. She occasionally will assist me in 18 research or document writing, documents, 19 just basic things. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037456 20 Q. Tell me if you would, back to Waste 21 Management, what other issues y'all 22 might have been involved in in addition 23 to this environmental racism issue you REGIONAL REPORTING SERVICE, INC. 63 1 got peripherally involved in down there 2 on that one? 3 A. Well, it would be -- Goodness, there 4 were a number of media inquiries 5 about -- 6 Q. About what? 7 A. Concerning waste issues, because that's 8 the business they were in. 9 Q. When you say waste issues, were there 10 specific inquiriesabout waste issues? 11 A. Oh, probably at that time recycling was 12 an issue of interest in the media. We 13 had recycling inquiries. A lot of that 14 was probably related to tax issues on 15 waste. 16 Q. Anything else that you recall? 17 A. The -- Well, gosh, probably -- I'm just 18 trying to think now. This is a whole SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037457 19 other time frame. I think I have 20 already said there were some 21 environmental related questions about 22 landfills and the safety, environmental 23 security of landfills, probably for a REGIONAL REPORTING SERVICE, INC. 64 1 period of time quite a number of 2 inquiries concerning hazardous waste and 3 the transport of hazardous waste across 4 state lines to be treated at the Emelle 5 facility. A lot of that had to do with 6 legislative and political issues in 7 Montgomery, and probably a lot of that 8 had to do with tax related issues. 9 Quite a large tax had been placed per 10 ton on hazardous waste. 11 Q. Anything else? 12 A. There probably were, but those would be 13 the major ones. 14 Q. Tell me if you would if you had contacts 15 with people at EPA or at ADEM during 16 that period of time on any of those 17 issues. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037458 18 A. Well, again, very little. Waste 19 Management had a largely adversarial 20 relationship with ADEM, and I had very 21 little contact with them. 22 Q. What contact did you have if any and who 23 was that individual? REGIONAL REPORTING SERVICE, INC. 65 1 A. With ADEM? 2 Q. Right. 3 A. That was primarily done through Waste 4 Management's attorneys. 5 Q. Through the attorneys? 6 A. Uh-huh (indicating yes). 7 Q. Are you telling me, then, Mr. Bradley, 8 that you did not have any connection 9 with them? 10 A. I'm not saying I didn't have any 11 connection at all, but that was not our 12 primary responsibility. Regulatory 13 matters before ADEM was just not our 14 primary responsibility. If there was a 15 regulatory issue and the company was 16 involved in it, we were there in a SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037459 17 supportive role, but the environmental, 18 much like the power company 19 environmental people, attorneys and 20 others were the primary source of 21 contact. 22 Q. If you had a contact at that point in 23 time with ADEM, who was it? REGIONAL REPORTING SERVICE, INC. 66 1 A. I really didn't have one. 2 Q. What about EPA? 3 A. Definitely not EPA. 4 Q. What lobbying work did you do in 5 Montgomery in connection with the work 6 you did? 7 A. Our primary lobbying effort was trying 8 to get the -- I think it was a hundred 9 and thirteen or hundred and eighteen -- 10 I forget now -- dollar per ton tax 11 reduced. 12 Q. Who did you deal with on that? 13 A. Members of the legislature. 14 Q. Being fairly familiar with the 15 legislative process, who were some of SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037460 16 your buddies on the House side or Senate 17 side that helped you in that fight that 18 took the plate for Waste Management? 19 A. Who were supportive of reducing an 20 onerous tax on hazardous waste? 21 Q. Yes, yes. I know you couch it in those 22 terms. Who had the courage to step up 23 to the plate and take on that animal for REGIONAL REPORTING SERVICE, INC. 67 1 you in that period of time? 2 A. A1 Knight who was in the House at that 3 time was very -- 4 Q. Supportive of you? 5 A. -- supportive of that in floor fights. 6 In fact I think A1 was primarily the 7 floor leader. 8 Q. Where is A1 from? 9 A. Shelby County. 10 Q. From where? 11 A. Shelby County. 12 Q. Anybody else? 13 A. I'm sure--A1 is the only one who comes 14 to mind. The legislative manager for SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMONOQ37461 15 our operation was an employee of mine 16 who handled that directly, so I wasn't 17 that involved on a -- I was there. But 18 that was his primary responsibility. 19 Q. Did you do any personal lobbying on the 20 Senate side? 21 A. I did. 22 Q. Who did you talk to over there? 23 A. In the Senate at the time would be -- REGIONAL REPORTING SERVICE, INC. 68 1 Well, Senator Wagner was there. Senator 2 Biddle was there. 3 Q. Did Jabbo Wagner help you with the bill 4 to remove this onerous tax? 5 A. I would have to go back and look at the 6 vote, but I guess hewould be 7 supportive. Senator deGraffenried was 8 there. 9 Q. Ryan? 10 A. We had contact with the lieutenant 11 governor who was a presiding officer of 12 the Senate. 13 Q. Was that -- SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037462 14 A. Folsom. 15 Q. Okay. 16 A. I'd have to look at a list of who was in 17 the Senate. We had contacts with most 18 members of the House and Senate as we 19 normally do. 20 Q. Did youyourself lobby individually? 21 A. I did. 22 Q. Did you have any opposition from ADEM to 23 removing this onerous tax? REGIONAL REPORTING SERVICE, INC. 69 1 A. Yes. They were very much opposed to it. 2 Q. Who did you work in opposition to at 3 ADEM? Who do you remember? 4 A. Lee Pagues. He was the director of ADEM 5 and he was opposed to removing or 6 lowering the tax. 7 Q. Were y'all successful in lowering the 8 tax? 9 A. We were. 10 Q. Did Waste Management have a PAC? 11 A. It did. 12 Q. Did y'all contribute to any of the SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037463 13 people who were in the legislature who 14 assisted you in getting this bill 15 through the 1egi siature? 16 A. I don't recall. 17 Q. Did you contribute in particular to 18 Mr. Knight's campaign, the gentleman 19 from -- 20 A. I just don't recall. 21 Q. You don't remember making any 22 contributions to Mr. Knight? 23 A. No. REGIONAL REPORTING SERVICE, INC. 70 1 Q. Did he just come up to you in the 2 rotunda and say, "Steve, I think this is 3 a heck of a bill, and I want to go out 4 and do something for the country, or 5 this is my cup of tea," or what did he 6 say? 7 MR. PECK: Object to the form. 8 A. I don't know what his motivation was. 9 You would have to ask him. 10 Q. Did you approach him, or did he approach 11 you as you recall? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037464 12 A. I don't know. As I said that primary 13 function was one of my people. I was 14 really in a support role to him at that 15 point in time. 16 Q. Who was that person? 17 A. Johnny Crawford. 18 Q. Now, Mr. Crawford used to work for the 19 Senate, didn't he? 20 A. That's correct. 21 Q. He has a lobbying outfit of his own? 22 A. He does now. 23 Q. What is the name of that outfit? REGIONAL REPORTING SERVICE, INC. 71 1 A. I think it is John Crawford and 2 Associates. 3 Q. Have you ever heard of a group called 4 the Franklin Group? 5 A. I have. 6 Q. What is that group? 7 A. Franklin Resources Group is an LLC that 8 is basically a consortium of individuals 9 or individuals representing firms who do 10 work in the public affairs area. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037465 11 Q. And who all is involved in that LLC? 12 A. I'm involved, Johnny Crawford is 13 involved, Charlie Rowe, who has a 14 consulting business, former state budget 15 officer. 16 Q. Ronnie Flippo in it? 17 A. Ronnie Flippo I think is still in it. 18 Q. And when was this group formed? 19 A. Let's see. Franklin Resources Group I 20 think would have been formed in 1996 or 21 1997. I think 1996. 22 Q. Doy'all jointly handle clients, 23 mutually have a list of clients that REGIONAL REPORTING SERVICE, INC. 72 1 y'all work for together, you and 2 Mr. Crawford and Flippo? 3 A. Depends on the client. Generally -- 4 Really -- Sometimes if there is a client 5 that needs the services that others in 6 the group have, then sometimes we will 7 refer that client to those or we will 8 associate those and we will have an 9 arrangement worked out to provide that SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037466 10 service. 11 Q. Is Monsanto one of those clients that 12 y'all all work for, the Franklin Group? 13 A. No. 14 Q. Alabama Power Company, are they 15 represented by the Franklin Group? 16 A. No. 17 Q. Does any one of these consultants you 18 know of represent the Alabama Power 19 Company? 20 A. Not to my knowledge. That is possible. 21 I don't know who the company retains. 22 Q. Can you tell me the major things that 23 y'all have worked on together jointly in REGIONAL REPORTING SERVICE, INC. 73 1 this public affairs group since y'all 2 have been together? 3 A. Well, the entire group doesn't work on 4 an issue. As I said, it would depend on 5 the expertise of those in the group and 6 what the particular client's needs or 7 issues are. There really have been very 8 little. The Franklin Resources Group SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037467 9 still exists, but the concept never 10 really worked, so there has been very 11 little. Johnny Crawford and I have had 12 some joint agreements to provide some 13 small level of service to a couple of 14 clients, and that's been about it. 15 Q. Who are they? 16 A. One would be the Economic Development 17 Association of Alabama. 18 Q. What is that? 19 A. That's the state trade association, for 20 lack of a better term, of the local 21 economic developers all over the state. 22 Q. What else? 23 A. Johnny asked me to help him on a project REGIONAL REPORTING SERVICE, INC. 74 1 he was involved in for -- I believe it 2 was called ITS or IDS, the data -- 3 Q. Data processing people? 4 A. Right. 5 Q. Anything else y'all have donetogether? 6 A. Those two come to mind. As I said, 7 unfortunately the idea never really -- SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037468 8 The concept was very productive. That 9 group still exists. I am still a member 10 of it, but it is primarily in order to 11 have access to office space in 12 Montgomery. 13 Q. Tell me if you would, Mr. Bradley, if 14 Monsanto has ever had any work done by 15 the Franklin Group. 16 A. No, not to my knowledge, not through me. 17 Q. What about Solutia? 18 A. No. 19 Q. Have you -- You have never called on any 20 of those people involved in this 21 group -- 22 A. Well, when you said Monsanto earlier, 23 I'm thinking Solutia. I have no idea REGIONAL REPORTING SERVICE, INC. 75 1 what Monsanto does. 2 Q. Do you know whether any of these people 3 represent Monsanto individually? 4 A. I have no idea. 5 Q. During the time that you were with Waste 6 Management, talking about -- back to SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037469 7 Emelle, do you know whether or not 8 Monsanto ever took hazardous waste from 9 their plant site in Anniston to there? 10 A. No. I have no idea. 11 Q. Ever have any contact with any of them 12 about that particular matter? 13 A. I had no contact with any of the firms 14 or organizations that use the facility. 15 Q. During the time that you were involved 16 either with the power company or with 17 Waste Management did you have any 18 contact with Don Siegleman? 19 A. I did. 20 Q. What about? 21 A. Oh, again, I would have to look at a 22 chronology, but Siegleman ran for 23 statewide office in 1990,1 believe. I REGIONAL REPORTING SERVICE, INC. 76 1 believe I'm right. And -- 2 Q. Lieutenant governor? 3 A. I believe it was governor. And we had 4 some contact with him. 5 Q. When you were with Waste Management? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037470 6 A. Yes. 7 Q. Contribute to his campaign? 8 A. I do not remember. 9 Q. Encourage your people to vote for him, 10 loan him a car or-- 11 A. Again, I didn't join until September of 12 '90, so it was limited if any. I don't 13 really recall. 14 Q. What other contact have you had with 15 him, either at Waste Management or -- 16 A. If my time frame is right, he lost that 17 election in November of '90 -- I believe 18 that's right -- and went back into 19 private practice of law, and we retained 20 him to do some work for us. 21 Q. So you all retained Don Siegleman to do 22 some work for Waste Management? 23 A. Retained his firm. REGIONAL REPORTING SERVICE, INC. 77 1 Q. Did he do any work personally for that 2 during that time frame? 3 A. He did. 4 Q. What kind of work was that that he did? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037471 5 A. It, as I recall, was work on basically a 6 community assessment in south Alabama -- 7 I think it was Baldwin County -- 8 relative to some landfill siting issues. 9 And I think it was an assessment of the 10 reception that the community would give 11 if a landfill were to be sited there. I 12 think that's right. 13 Q. Anything else that he did? 14 A. Not that I recall. 15 Q. How did you happen to pick Siegleman? 16 Just friends of yours or -- 17 A. We had known each other for quite a 18 while. He had been involved in politics 19 in Alabama, and we had become friends. 20 Q. And based on your experience with the 21 Alabama Power Company -- your efforts on 22 their behalf and then Waste Management? 23 A. Really before Alabama Power. He had REGIONAL REPORTING SERVICE, INC. 78 1 been with the state democratic party, 2 and I had known him there. He was 3 secretary of state for two terms, SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037472 4 attorney general. Our paths had just 5 crossed. 6 Q. Any other work that he did for Waste 7 Management that you recall? 8 A. I recall that project. I don't recall 9 anything else. 10 Q. Maybe I'm missing something. That seems 11 sort of strange work for an attorney to 12 do. You say an assessment -- 13 A. Well 14 MR. PECK: It is not my concern. 15 I guess I should tell you to 16 be mindful -- I don't know if 17 there are any attorney-client 18 privilege issues here for 19 Waste Management. But be 20 mindful of those when you are 21 talking. I would just 22 caution you. 23 Q. What was the assessment? What did that REGIONAL REPORTING SERVICE, INC. 79 1 consist of, just talking to people in 2 the community, asking what they thought SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037473 3 about it? 4 A. Well, there might be some 5 attorney-client relationship there, so I 6 will decline to -- 7 MR. STEWART: How about marking 8 that. You are instructing 9 him not to answer on the 10 basis of the 11 attorney-client -- 12 A. That is my decision. 13 MR. PECK: It is not his 14 privilege. It is Waste 15 Management's privilege. I 16 can't evaluate the situation, 17 Donald. It has almost no 18 relevancy to this. If you 19 want to call Judge Ott on 20 this issue, I'm getting a 21 little tired of it. You have 22 been now questioning this man 23 for an hour and twenty REGIONAL REPORTING SERVICE, INC. 80 1 minutes, and we have barely SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037474 2 touched on anything of 3 relevance in this case. All 4 I'm saying is there may be 5 attorney-client issues, and 6 he -- If Waste Management had 7 an attorney-client 8 relationship with 9 Mr. Siegleman and they had 10 discussions, that would be a 11 protected relationship. And 12 that is what I'm advising 13 him. 14 MR. STEWART: Adam, I'm hurt that 15 you would slight what I 16 thought was an excellent line 17 of questioning here. My 18 feelings are deeply hurt. 19 MR. PECK: I'm sure you think it 20 is excellent. 21 MR. STEWART: We will go on to 22 something else. I do want 23 you to mark that. Of course REGIONAL REPORTING SERVICE, INC. 81 SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037475 1 our only reason for going to 2 Judge Ott is because you have 3 put a privilege log in front 4 of us. What we saw at that 5 point in time was an effort 6 to try to do what we needed 7 to do. 8 MR. PECK: Many times people raise 9 privileges with me, and I 10 don't run to the judge, but 11 that is your choice. 12 Telling somebody they 13 have attorney-client 14 privilege with an attorney 15 does not seem to me a 16 surprising thing to state. 17 It may to you. 18 MR. STEWART: Are you through? 19 MR. PECK: It does seem surprising 20 to you? 21 MR. STEWART: No. I said are you 22 through. 23 MR. PECK: I'm through. REGIONAL REPORTING SERVICE, INC. 82 SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037476 1 Q. Let's go on to the next -- what other 2 contact you had with now Governor 3 Siegleman? I'm not talking about with 4 Waste Management. I'm talking about 5 with anybody. 6 MR. PECK: Can we take a break? I 7 think I need to talk with him 8 a minute. 9 (A break was taken.) 10 Q. I believe you were telling us about your 11 contacts with Governor Siegleman after 12 that contact at Waste Management. What 13 were they? 14 A. Just general contact through the years. 15 He is a friend. 16 Q. Tell me if you would, have you had any 17 contact with him in connection with the 18 work that you are doing for Monsanto? 19 A. No. 20 Q. To your knowledge has any member of -- 21 MR. PECK: I assume when you say 22 Monsanto you mean Solutia. 23 Q. The spinoff of Monsanto, the new REGIONAL REPORTING SERVICE, INC. 83 SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037477 1 company, have you had any contact with 2 him in connection with the work you are 3 doing? 4 A. No. 5 Q. Tell me if you would how your company 6 got started. When did that get 7 underway? 8 A. Bradley Townsend? 9 Q. Right. 10 A. Four years ago, a little over, it was 11 started to fill a need that we perceived 12 in the public arena for public 13 relations, community relations services. 14 Q. And do those include lobbying 15 activities, dealing with regulators? Do 16 you also do that kind of work? 17 A. We do some of that kind of work, yes. 18 Q. Who are the principals of your company? 19 A. Primarily myself. 20 Q. Anybody else work with you or have an 21 ownership interest? 22 A. No. 23 Q. Who are the employees that work with REGIONAL REPORTING SERVICE, INC. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037478 84 1 you? 2 A. Kay Syx, S-y-x. 3 Q. Is that your secretary that you have 4 previously talked about? 5 A. Administrative assistant, secretary. 6 Q. Who else? 7 A. Well, we don't have any other direct 8 employees. I'm a sole proprietor. 9 Q. There was a Lynn Sampson mentioned. 10 A. Yes. Occasionally I will contract with 11 free-lance practitioners to provide 12 services. 13 Q. Who are, if you can tell us, some of 14 those people that you have done that 15 with in connection with the work you 16 have done with Solutia? 17 A. Lynn Sampson. 18 Q. Anybody else? 19 A. I asked Guy McCullough, who sometimes 20 works with me on projects, and he did a 21 very brief bit of work. 22 Q. Who is Mr. McCullough? Where does he 23 live? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037479 REGIONAL REPORTING SERVICE, INC. 85 1 A. Lives in Birmingham. 2 Q. And who does he work for when he is not 3 doing contract work for you? 4 A. He has his own business. 5 Q. Is it a public relations firm? 6 A. It is a public relations and advertising 7 firm. 8 Q. What did he do for you? 9 A. He did a brief internet search for me 10 when we were trying to do general 11 research on community issues. 12 Q. What community issues? 13 A. I believe in the environmental area of 14 what environmental projects and 15 activities might be out there that 16 Solutia might consider becoming 17 associated with. 18 Q. Tell me if you would who suggested that 19 the internet search be done for that 20 kind of thing? 21 A. I don't remember. He is very familiar 22 with the internet and may have suggested 23 it. I just asked for some help on a SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037480 REGIONAL REPORTING SERVICE, INC. 86 1 short time frame in determining or 2 getting an idea of environmental 3 organizations and projects out there. 4 Q. And when exactly did that occur? 5 A. Oh, golly, I'm going to say around the 6 end of the year of '98, first of 1999, 7 right in that time frame. 8 Q. And were you successful in finding some 9 environmental groups that Solutia had 10 worked with through the search? 11 A. We found groups out there, yes, and 12 projects. We weren't necessarily 13 looking for groups. Projects, programs, 14 environmental activities that the 15 company might consider either becoming 16 associated with or supporting. 17 Q. And to your knowledge has the company 18 done that? 19 A. No. 20 Q. Did you make a suggestion that they do 21 that? 22 A. Not a specific suggestion, no. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037481 23 Q. Did you make an unspecific suggestion REGIONAL REPORTING SERVICE, INC. 87 1 that they do that? 2 A. Generally that the environmental area -- 3 that there were three general areas to 4 consider. One was education. The other 5 was -- One was environmental. Well -- 6 Q. You said there was a third one? 7 A. There was. I can't recall it right now. 8 Q. You were making suggestions to Solutia 9 in your public affairs role as to things 10 they should do? 11 A. Right. 12 Q. Did you put that in the form of some 13 document that you drafted for them? 14 A. You got those documents. 15 Q. Okay. And could you -- Of course we had 16 a mountain of documents. Could you just 17 give me some idea as to how that is 18 designated so that one would -- Did that 19 have to do with the philanthropic 20 initiatives that you suggested they 21 might get involved in? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037482 22 A. That was part of it, yes. 23 Q. How is that designated? REGIONAL REPORTING SERVICE, INC. 88 1 A. You mean what form is the document? 2 Q. No. Does it have a title that you 3 remember? 4 A. No. They really don't have titles. It 5 would be in documents roughly around 6 that same time frame. 7 Q. Around the end of -- 8 A. End of the year, first of this year. 9 Q. I think I can find those. Tell me if 10 you would if they accepted any one of 11 those suggestions that you made. 12 A. They did. The educational initiative, 13 which was really a joint decision. We 14 suggested that was an area to look at 15 and jointly made the decision that was a 16 worthwhile project. 17 Q. Who from Solutia worked with you on that 18 and helped make that decision? 19 A. Kevin Cahill and I and--had discussion 20 with Blake Hamilton, who is the plant SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037483 21 manager at -- 22 Q. Anniston? 23 A. -- Anniston. REGIONAL REPORTING SERVICE, INC. 89 1 Q. Is that it? 2 A. Those with the primary ones. 3 Q. Did the three of you make the decision? 4 Was that a joint decision by the three 5 of you? 6 A. No. We didn't have the responsibility 7 to make the decision. We did make 8 recommendations that might be an area to 9 consider, the educational area. 10 Q. Where did those recommendations go? 11 A. They went to the corporate office. 12 Q. And who at the corporate office were 13 they sent to? 14 A. I sent those to Kevin Cahill. 15 Q. And to whom did Mr. Cahill send them if 16 you know? 17 A. I think Mr. Cahill reports to Christy 18 Beckmann. 19 Q. And was a decision made at SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037484 20 Mr. Beckmann's level, or did it go above 21 that? 22 A. Ms. Beckmann. I don't really know. 23 Q. Did you consult with Ms. Beckmann at all REGIONAL REPORTING SERVICE, INC. 90 1 at any point? 2 A. I had some discussion with her, yes. 3 Q. In the course of her conversations did 4 she indicate she went higher to get 5 approval on the project? 6 A. I'm sure there were others she spoke to 7 in the corporate office. I think at the 8 same time Blake Hamilton had basically 9 reached that same conclusion, that the 10 education area was a community need, and 11 that is what he was hearing in the 12 community. So it kind of dovetailed 13 with what Mr. Hamilton also felt was 14 important. 15 Q. When you say Mr. Hamilton's hearing in 16 the community, can you tell us how that 17 came about, if he was in a position 18 where he heard that, or did he tell you SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037485 19 who he heard it from? 20 A. I don't recall exactly. I think that he 21 did have some discussion with Barbara 22 Boyd, who he had talked to as a 23 community leader. I think she was very REGIONAL REPORTING SERVICE, INC. 91 1 supportive of that. 2 Q. Barbara Boyd is the state representative 3 from Calhoun County? 4 A. That's correct. 5 Q. Do you know or are you familiar with the 6 configuration of her di strict? 7 A. I just know it is right in that area. 8 That is such a convoluted setof lines I 9 couldn't tell you whosedistrict is 10 where. 11 Q. All right. You had indicated that Lynn 12 Sampson-- you did some contract work 13 with her. 14 A. Uh-huh (indicating yes). 15 Q. Who is she? 16 A. Lynn helped me just gather basic 17 information about,again, programs that SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037486 18 were underway and programs that were 19 being considered. The other, in 20 response to your question, was the rural 21 health area. 22 Q. Rural health? 23 A. Uh-huh (indicating yes). REGIONAL REPORTING SERVICE, INC. 92 1 Q. And where were y'all looking at -- What 2 particular geographical location were 3 y'all looking to place a rural health 4 facility? 5 A. We weren't looking at any one particular 6 area. We talked to -- I talked to some 7 people at the State Department of 8 Education. I talked to some people at 9 the State Health Department. 10 Q. Who did you talk to at the State 11 Department of Education? 12 A. I honestly -- I don't know. I looked up 13 a name in the blue book, the directory, 14 the state directory and got a name and 15 called. I'd have to go back and look. 16 Same at the health department. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037487 17 Q. And what was the nature of your 18 discussion about the -- the education 19 initiative? Is that what you talked 20 about at the State Education Department? 21 A. Yes. Lynn talked to a number of local 22 administrators and teachers to get their 23 assessment on what was important to REGIONAL REPORTING SERVICE, INC. 93 1 them, what their needs were. I did the 2 same with those people atthe Montgomery 3 state department level. 4 Q. Where did she talk -- Who did she talk 5 to in particular, if you recall? 6 A. I think she talked to teachers, some 7 teachers, some administrators, some 8 principals perhaps in Calhoun, 9 Talladega, St. Clair counties, probably 10 other areas. 11 Q. When did she do that? When did she talk 12 to people in Talladega County, St. Clair 13 County? 14 A. Around that same time frame. 15 Q. Latter part of'98 early '99? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037488 16 A. Correct. And I think she probably 17 talked to some other people in other 18 parts of the state as well. 19 Q. But you specifically remember she did 20 talk to teachers and superintendents in 21 Calhoun, St. Clair, and Talladega 22 County? 23 A. Yes. REGIONAL REPORTING SERVICE, INC. 94 1 Q. Did she prepare a report and give that 2 to you? 3 A. She gave me some material, and that was 4 included in the memoranda that I sent to 5 Kevin Cahill. 6 Q. And that is something you have already 7 provided to us? 8 A. You have all of that. 9 Q. Tell me what else she did for you if you 10 recall during this time. 11 A. During that period of time, that was 12 basically it. Just help on research, 13 those three areas. 14 Q. Had you done anything at all with SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037489 15 anybody else other than Lynn Sampson 16 and -- 17 A. Guy McCullough. 18 Q. --Mr. McCullough? 19 A. Not on this project, no. 20 Q. So the work you have done for Solutia -- 21 MR. PECK: By this project you 22 mean Solutia education? 23 Q. I mean for Solutia itself. REGIONAL REPORTING SERVICE, INC. 95 1 A. Both. 2 Q. So you have not done any work with 3 anybody else, either as an employee or 4 on a contract basis in your public 5 affairs work that you have done for 6 Solutia other than in your shop or out 7 of your shop, through your office other 8 than Lynn Sampson and Mr. McCullough? 9 And I'm not talking about work and 10 contact you might have had with Kevin 11 Cahill and those type people. I'm 12 talking about people you hired. 13 MR. PECK: There is documentation SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037490 14 I have seen -- He may be 15 thinking of public affairs. 16 I was thinking of the UAB 17 people you have dealt with. 18 A. Oh, I have talked to a number of people 19 in the community. But -- Are you asking 20 people who have done work for me? 21 Q. I'm specifically asking about people who 22 have done work for you in connection 23 with your work for Solutia, whether it REGIONAL REPORTING SERVICE, INC. 96 1 is Lynn Sampson or Mr. McCullough or 2 anybody else that has provided you with 3 information. You have told us, for 4 instance, about teachers and 5 superintendents and people like that you 6 contacted. I appreciate Mr. Peck's 7 suggestion. I mean, if you actually had 8 some other people work with you and 9 provide you with documentation on 10 suggested projects, tell us about that. 11 If you are talking about Mr. Richardson 12 at UAB, I will get to that. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037491 13 MR. PECK: That is what I was 14 thinking of. 15 Q. We will get to that. Anybody else? 16 A. I talked to a number of people in the 17 community, but as far as people doing 18 work for me, no. 19 Q. Who are the people you talked to in the 20 community? Are you talking about in 21 Anniston? 22 A. Uh-huh (indicating yes). 23 Q. Who? REGIONAL REPORTING SERVICE, INC. 97 1 A. I talked with Jim Campbell, who -- 2 Q. Did you talk with him about the Swift 3 case? 4 A. (Witness shakes head negatively.) We 5 didn't talk about any legal matters. 6 Q. That's the case you are testifying in. 7 I just wondered. When did you talk to 8 Jim? 9 A. Probably around that time frame after 10 the first of the year. 11 Q. What did you talk to him about? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037492 12 A. I was just starting -- Actually that 13 would be in early or mid--first part 14 of '98, not the first part of '99. 15 Q. And what did you talk to Mr. Campbell 16 about? 17 A. I was asked to do a community assessment 18 for Solutia. I had just started on that 19 proj ect, went to Jim to ask him if he 20 would be kind enough to give me some 21 advice about who to talk to in the 22 community to get a picture of the 23 community's assessment of Solutia. REGIONAL REPORTING SERVICE, INC. 98 1 Q. Who did he suggest that you talk to? 2 A. He suggested several individuals. We 3 never really got to that point because I 4 didn't pursue it. One was the mayor of 5 Anniston. And Jim had actually set up a 6 lunch, but we never -- We had to cancel 7 that at one point and that never 8 proceeded. 9 Q. What else? Who did he suggest that you 10 talk to? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037493 11 A. He was to -- We were going to visit 12 again, and he was going to help me 13 identify some other community leaders as 14 a courtesy to me to try to set up some 15 meetings, but we never got that far. 16 Q. When you say you were doing a community 17 assessment, had someone at Solutia asked 18 you to do that? 19 A. Yes. 20 Q. Would the assessment be talking to 21 community leaders to find out their 22 perception of Solutia? 23 A. Basically. REGIONAL REPORTING SERVICE, INC. 99 1 Q. Who at Solutia asked you to do that? 2 A. The initial conversation I had was with 3 Beth Rusert. 4 Q. When did you have that conversation with 5 her? 6 A. Early '98. 7 Q. And who else did you have a conversation 8 with? 9 A. Very briefly she had some kind of SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037494 10 medical issue, had an operation, was 11 out. Kevin Cahill took that 12 responsibility, and then subsequently 13 mainly we kept it. 14 Q. But you never did the community 15 assessment? 16 A. I started. I never really got into it. 17 I talked also with Phil Sanguinetti at 18 The Anniston Star. 19 Q. When did you talk with Mr. Sanguinetti? 20 A. At the same time frame, mid spring of 21 '98, approximately. 22 Q. What was the substance of your 23 conversation with Mr. Sanguinetti? REGIONAL REPORTING SERVICE, INC. 100 1 A. Well, I knew that he had once been an 2 employee at the former Monsanto plant 3 and would be a good person to give me an 4 assessment. That is what one does in a 5 community assessment, is talk to 6 community leaders. 7 Q. What did he tell you about? Go ahead. 8 MR. PECK: You can tell him. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037495 9 A. Not much. Generally the reaction was 10 that the plant had been downsized 11 considerably. There had been a name 12 change -- there was confusion about that 13 -- and that Solutia really didn't have 14 too much of a community presence. He 15 knew -- I think Blake Hamilton had just 16 come on board, and he did not really 17 know Blake very well, was getting to 18 know him, and not much. 19 Q. How did he say he knew Blake? 20 A. I think through a civic club, local 21 civic club. 22 Q. They belonged to a civic club together? 23 A. I think so. REGIONAL REPORTING SERVICE, INC. 101 1 Q. Did you arrange for Blake to visit him 2 and meet him? 3 A. No. I think they already knew each 4 other. 5 Q. Did y'all talk about PCBs? 6 A. No, not really. 7 Q. You didn't discuss the PCB problem or SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037496 8 the litigation that was then pending? 9 A. Well, obviously he was aware of the 10 issues out there. But that was not my 11 purpose in talking to him, to talk about 12 PCBs. 13 Q. Did you ever talk to The Star or the 14 people at The Star about the PCB problem 15 or communicate with them in any way? 16 A. No. 17 Q.Let's go back to LynnSampson. Before I 18 leave, let's get back to these people 19 that you talked to. But before I leave 20 her, did she do any work for you after 21 1998? 22 A. Yes. 23 Q. What did she do if anything? REGIONAL REPORTING SERVICE, INC. 102 1 A. Lynn was assigned to go to the Decatur 2 facility earlier this year when the 3 Solutiaeducation program wasannounced 4 and to help with the media there and to 5 help the plant manager on the issuance 6 of the announcement and so forth. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037497 7 Q. Anything else? 8 A. She may have helped with a few little 9 things here and there. I don't recall 10 much if anything. That was primarily 11 it. 12 Q. Now, anybody else you -- 13 A. Oh, she did -- I'm sorry. She did write 14 a speech for Blake Hamilton. 15 Q. When did she do that? 16 A. Oh, it was May of this year. He had a 17 request to make a talk locally to a 18 group of outstanding students, and then 19 there would be administrators and 20 others. And it was at the last minute, 21 and he needed some help in getting his 22 ideas down on paper, so she wrote a 23 speech for him. REGIONAL REPORTING SERVICE, INC. 103 1 Q. Is that in documents you provided? 2 A. Yes. 3 Q. What if you recall was the subject of 4 the speech, the PCB problem they had or 5 motivating young people? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037498 6 A. It was the importance of education and 7 the opportunity that lay ahead of them. 8 Q. Do you remember what group he spoke to? 9 A. I do not. 10 Q. Now, at the time that you -- Other 11 people that you talked to in connection 12 with this assessment, other than Phil 13 Sanguinetti and Jim Campbell, who were 14 they? 15 A. Several individuals at the Anniston 16 office of Alabama Power who were 17 familiar with the community. 18 Q. The vice president there, Ronnie Smith? 19 A. No, I never talked to Ronnie. 20 Q. Who did you talk to at the power 21 company? 22 A. He was not in at the time. I talked to 23 Ken Deal. I believe he is a district REGIONAL REPORTING SERVICE, INC. 104 1 manager or was at least then. 2 Q. He is. 3 A. And I talked to one other individual 4 there who is the division manager, and SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037499 5 Wade, Ward -- Wade or Ward. I can't 6 remember. But I talked with him also. 7 Q. Of the Alabama Power Company? 8 A. Uh-huh (indicating yes). 9 Q. And what was the nature or the substance 10 of the conversation you had with them? 11 A. Well, the company has a very good I 12 think community relations program, 13 wherever they are, and I just wanted to 14 get their assessment of Solutia's 15 situation. 16 Q. What was their assessment of Solutia's 17 situation? 18 A. About the same as others, that they were 19 very quiet in the community, that they 20 had very little presence, that there had 21 been a lot of publicity about the 22 environmental issues. But other than 23 that, Solutia didn't have much of a REGIONAL REPORTING SERVICE, INC. 105 1 presence there. The name change and 2 that came up. 3 Q. Tell me if you would anybody else that SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037500 4 you talked to besides those people. 5 A. I talked also at The Star to the 6 executive editor. 7 Q. Chris Waddle? 8 A. Yes. 9 Q. And what was the substance of the 10 conversation -- hold it just a minute. 11 (Discussion held off record.) 12 Q. What was the substance of that 13 conversation? 14 A. Basically the same. There just wasn't 15 much response. They knew they were 16 there. He was concerned about a city 17 limits issue. He was confused about 18 where the city limits were, and he 19 thought it would be good for Solutia to 20 be in the city limits. And they had 21 fought that, and it turned out they were 22 already in the city limits, so I never 23 quite understood that. REGIONAL REPORTING SERVICE, INC. 106 1 Q. Did you discuss PCBs and the PCB problem 2 with Mr. Waddle? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037501 3 A. No. 4 Q. Did he ask you any questions about it 5 while you were there? 6 A. No. 7 Q. Did he want you to provide him with any 8 information while you were there? 9 A. No. 10 Q. Seem concerned about it? 11 A. Not particularly. 12 Q. Did it come up at all? 13 A. I was not there to talk about PCBs. 14 Q. I understand. But did it come up at all 15 during the time you were there with 16 Mr. Waddle? 17 A. Other than the same way with others I 18 talked to, that they were aware of the 19 environmental issue, but other than 20 that, I don't know. 21 Q. Who else did you talk to? 22 A. I think there was one other individual 23 with the power company who sat in. I REGIONAL REPORTING SERVICE, INC. 107 1 don't remember who it was, but it seems SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037502 2 like there were three people, Ken Deal, 3 the division manager, and someone else. 4 But I did not know him. 5 Q. Anybody else? 6 A. Not there. 7 Q. I mean anywhere in Anniston. 8 A. I know. I'm trying to think. No. I 9 think that's it. To the best of my 10 recollection, I had just started on that 11 program. 12 Q. What was the reason the community 13 assessment was requested by Solutia? 14 A. Well, it was my understanding that 15 Solutia wanted an assessment because 16 they wanted to have a picture of how 17 they were perceived in the community. 18 Q. And who told you that? 19 A. Well, as I said, primarily at that time 20 I was dealing with Kevin Cahill. 21 Q. Did Mr. Cahill tell you who had asked 22 him to get that information from you? 23 A. No. REGIONAL REPORTING SERVICE, INC. 108 SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037503 i Q. Did you get some kind of written 2 directive to make a community 3 assessment? 4 A. No. 5 Q. Did you make notes of the conversations 6 you had with people? 7 A. No. 8 Q. Did you provide some kind of written 9 report? 10 A. No. 11 Q. Why wasn't this pursued? You have 12 indicated you saw some people and you 13 were involved actively in it, I think 14 you said in the early part of '98. And 15 you just stopped. Why wasn't it 16 pursued? 17 A. Well, as I recall this was -- There was 18 a potential -- 19 THE WITNESS: Can I confer with 20 him just one second? 21 MR. PECK: Sure. 22 (Discussion held off record.) 23 Q. You were telling me why they -- REGIONAL REPORTING SERVICE, INC. 109 SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037504 1 A. Yes, yes. 2 Q. There was something about to happen and 3 so they decided they didn't want to do 4 it? 5 A. Yeah. It appeared there was a court 6 date in June, early June, and we just 7 thought it was best that I not be out in 8 the community when there was a 9 possibility that this matter was going 10 to be in court, and we thought it was 11 best just to pull back. 12 Q. When you say we thought it was best, who 13 was it that felt that would be the best 14 thing to do? 15 A. I talked it over with Kevin. 16 Q. What was Mr. Kevin's assessment of that 17 situation? What did he tell you? 18 A. I think he agreed with that. 19 Q. What did he say in substance? 20 A. I don't remember precisely. He 21 generally agreed it would be best just 22 to wait for a while before we undertook 23 any kind of comprehensive assessment out REGIONAL REPORTING SERVICE, INC. 110 SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037505 1 there in the community. 2 Q. Who had informed him or you that there 3 was a court date in June? 4 A. I think he had told me about it. 5 Q. And you were telling me they wanted to 6 know the perception. Why did they want 7 to know? They were what size plant? 8 A. You mean in Anniston? 9 Q. Yeah. 10 A. I think there are roughly ninety, a 11 hundred employees there. 12 Q. There had been ninety to a hundred 13 employees for some time, had there not, 14 Mr. Bradley? 15 A. I do not know. I just know that was the 16 number when I was retained. 17 Q. Do you have any idea how long that plant 18 has been there? 19 A. I know it has been there for some time. 20 Q. Over fifty years? 21 A. I guess, yes. I don't know. 22 Q. And I guess what -- The reason I'm 23 asking the question is why is it that REGIONAL REPORTING SERVICE, INC. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037506 Ill 1 all of a sudden when the spinoff 2 occurred that Solutia wanted to know 3 what this community thought about them? 4 Would it not be logical that they would 5 have had sort of an idea? 6 A. Well, I think that they probably knew 7 that they had been rather low key. They 8 also -- There was a name change. That 9 always brings about a little confusion. 10 And I think that before you undertake a 11 community relations program, which is 12 what I was retained to do, you need to 13 know where you are starting from. 14 Q. So is it your statement here today that 15 the community assessment that you were 16 doing had to do with, number one, the 17 name change, and that you were going to 18 start a community relations program? 19 A. Well, it didn't have to do primarily 20 with the name change. That was one 21 factor. It had to do with the need to 22 know what the perceptions were generally 23 about the enterprise in the community. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037507 REGIONAL REPORTING SERVICE, INC. 112 1 Q. Well, I guess -- 2 A. That is what an assessment is. 3 Q. Well, that is sort of answering the 4 question by saying what y'all were 5 doing. And you still haven't told us 6 why they decided at that point in time 7 to find out what the community thought 8 about them. I mean, you are saying a 9 community assessment is to find out the 10 perceptions the community has of the 11 company. But that is not answering my 12 question. Why did they make the 13 determination -- 14 A. I don't know. All I know is I was 15 retained to do that at that time. 16 Q. And why is it that you were retained, if 17 you understand, Mr. Bradley, to do a 18 community relations program? Why is it 19 that this company decided to become high 20 key rather than low key in this 21 community at this particular time? Do 22 you know? 23 A. I didn't say they chose to become high SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037508 REGIONAL REPORTING SERVICE, INC. 113 1 key. I said the initial assessment I 2 got back was that Solutia had been 3 rather low key. I didn't say they made 4 a decision to be high key. I think it 5 is logical and understandable that any 6 corporate entity wants to know how it is 7 perceived in the community. That is a 8 logical, understandable need to be 9 filled. 10 Q. Did it have anything to do -- in any 11 conversation you had with these people, 12 with the PCB problem? It did, didn't 13 it? 14 A. What was your question? 15 Q. Did the community assessment and the 16 desire to have some idea about the 17 perception have anything to do with the 18 PCB problem? 19 A. I was not retained to produce a 20 community relations program based on the 21 PCB issue, no. 22 Q. How is it that you understand -- if it SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037509 23 did at all affect the decision to do REGIONAL REPORTING SERVICE, INC. 114 1 this community assessment, first? I'll 2 ask you that first. 3 MR. PECK: Object to the form, 4 calls for speculation by this 5 witness. Go ahead. 6 A. Would you repeat your question? 7 Q. How is it that the PCB problem that 8 existed at the plant site in Anniston 9 that was once Monsanto and spun off and 10 became Solutia affected the decision to 11 get a community assessment? 12 MR. PECK: Same objection. 13 A. I don't know. I just know that I was 14 retained to do the community assessment 15 and to recommend a community relations 16 program, which is not -- I mean, that's 17 a normal request that we get in this 18 business from many other companies. 19 Q. Tell me if you would, Mr. Bradley, who 20 made contact with you first to hire you 21 to do the work? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037510 22 MR. PECK: Object to the form of 23 the question, asked and REGIONAL REPORTING SERVICE, INC. 115 1 answered. 2 Q. Who contacted you and hired you? 3 A. Oh behalf of Solutia? 4 Q. Yes. 5 A. I think the first contact I had was from 6 Beth Rusert. 7 Q. And what was the date of that contact? 8 A. It would be early -- either late '97 or 9 early '98. 10 Q. And where were you at the time you were 11 contacted? 12 A. I was in my Birmingham office. 13 Q. How did she contact you, by phone? 14 A. Telephone. 15 Q. And how is it that she happened to get 16 your name? Did she tell you? 17 A. I don't recall that she did. 18 Q. What did she say to you when she called 19 you? 20 A. Gosh, I don't remember exactly, that she SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037511 21 wanted to talk to me about -- that she 22 was representing Solutia, wanted to talk 23 about retaining our firm to do some work REGIONAL REPORTING SERVICE, INC. 116 1 for them. 2 Q. Did she say who recommended you? 3 A. I don't recall that she did or didn't. 4 I just don't remember. She may have, 5 but -- 6 Q. What else did she say to you in that 7 conversation? 8 A. Oh, you know, I don't remember exactly. 9 I get a lot of calls. Probably asked 10 about the firm and how we did -- set 11 about to do business and what our 12 background was and experience we had had 13 and so forth. 14 Q. Anything else she said in that 15 conversation? 16 A. Again, in that -- That is speculative. 17 That would be-18 Q. All I'm asking for is your best 19 judgment. You are not going to be held SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037512 20 -- this is not a litmus test, just your 21 best judgment. 22 A. That would be a normal kind of set of 23 questions. REGIONAL REPORTING SERVICE, INC. 117 1 Q. Have you since learned who recommended 2 that you -- 3 A. Yeah. I think I testified last Friday 4 that I received a call from an attorney 5 at Balch and Bingham. 6 Q. So an attorney at Balch Bingham, who was 7 that? 8 A. Matt Bowdon. 9 Q. And what did Mr. Bowdon say to you? 10 A. He said he had been asked for a 11 recommendation from -- he didn't 12 identify the company that I recall -- a 13 company that had a manufacturing 14 presence in Alabama that had some 15 community issues and that he wanted to 16 recommend us and asked for some 17 material. And I think I sent him some 18 material. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037513 19 Q. Who did Mr. Bowdon say asked him to find 20 out about you? 21 A. I don't he think he said at the time. 22 Q. Did you later learn who asked Mr. Bowdon 23 to find out about you? REGIONAL REPORTING SERVICE, INC. 118 1 A. I think it was someone in the Alabama 2 Power division office. 3 Q. In Anniston? 4 A. Yes. 5 Q. Could that have been vice president 6 Ronnie Smith? 7 A. It may have been. I do not know. 8 Q. And did he indicate -- 9 A. I did send some material, not to Ronnie 10 Smith but to someone else there. 11 Q. Who was the other person you sent that 12 to? 13 A. I'm not very good on names. Again, it 14 was the same individual I had mentioned 15 before. 16 Q. Wade somebody? 17 A. Yeah. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037514 18 Q. You -- He might have been contacted by 19 Matt Bowdon, but you sent the material 20 to -- 21 A. I think he -- after Bowdon had contacted 22 him, he con -- The Alabama Power 23 individual contacted me, and then I REGIONAL REPORTING SERVICE, INC. 119 1 think he passed my name along to 2 Solutia. 3 Q. Who did he pass the name on to at 4 Solutia if you know? 5 A. I have no idea. 6 Q. When did these conversations take place? 7 A. Again, that same late '97 time frame. I 8 believe it was late '97. 9 Q. When you say community issues that Matt 10 Bowdon talked to you, did he mention 11 what those were? 12 A. Not really. I don't think so. 13 Q. When you had later conversation-- 14 A. Again, I don't think he mentioned the 15 company at that time. 16 Q. When you had the conversation with Wade SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037515 17 whoever he was that was a division 18 manager over there, what did he say? 19 Did he tell you the company name? 20 A. I do not -- Honestly I don't know. 21 Q. Did he tell you the community issues 22 that were involved? 23 A. I don't recall discussing that. REGIONAL REPORTING SERVICE, INC. 120 1 Q. Did he tell you the nature of your 2 assignment? 3 A. Generally my recollection is that it was 4 a fairly large company, that it had some 5 community relations issues, and it 6 needed someone to advise them -- Or they 7 needed someone to advise them on how to 8 deal with those issues, just generally. 9 Q. When you learned that it was Solutia how 10 is it that Monsanto or Solutia happened 11 to contact you through Mr. Bowdon? Did 12 you later learn how that happened or how 13 that occurred? 14 A. (Witness shakes head negatively.) 15 Q. Did you ever asked anybody? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037516 16 MR. PECK: You have to speak out. 17 A. No. I'm sorry. 18 Q. Did you ever ask the power company -- 19 A. That's the way this business works, on 20 referral. So that is not unusual, and 21 that is the way most business comes to 22 us, and I don't ask many questions. 23 Q. Okay. So -- And I want to be clear REGIONAL REPORTING SERVICE, INC. 121 1 about this. My understanding is you had 2 no direct contact from Solutia 3 initially. You had the contact from 4 someone with Balch Bingham who you know 5 to be Alabama Power Company's attorneys. 6 Their offices are also located in the 7 building over there, aren't they? 8 A. I think one of the buildings, yes. 9 Q. In the power company headquarters? 10 A. (Witness nods head affirmatively.) 11 Q. And do you know -- 12 A. I think they are located in the Harbert 13 Building. 14 Q. They are located in the Harbert SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037517 15 Building? 16 A. I think. Mr. Bowdon is, yes. 17 Q. Did you ever ask Ms. Rusert in this 18 first conversation what the community 19 issues were? 20 A. I'm sure we had a discussion of them. I 21 don't recall exactly what I asked her. 22 Q. When you say you had a discussion of 23 them, what was or what were the issues REGIONAL REPORTING SERVICE, INC. 122 1 that y'all discussed? 2 A. Generally that there had been a great 3 deal of publicity about Solutia there 4 for a number of years and that there had 5 been the name change, would be the name 6 change -- it might have really been in 7 transition at that point -- and that 8 they wanted someone to do the assessment 9 and to recommend a program. 10 Q. When you say she indicated to you there 11 had been a great deal of publicity about 12 Solutia for a number of years, did she 13 tell you what about? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037518 14 A. No. We didn't--1 don't think. I 15 mean, I don't have perfect recollection, 16 so I don't remember exactly what -- I 17 just remember talking to her. She 18 subsequently sent me a clipping file 19 that you have, just that had a whole 20 bunch of clips in it, for my background. 21 Q. Did she ever talk to you after that time 22 and tell you what this publicity was 23 about and why this concern on Solutia's REGIONAL REPORTING SERVICE, INC. 123 1 part about this community relations 2 program? 3 A. I don't recall specifically a discussion 4 about that. 5 Q. Did PCBs ever enter the conversation 6 between you and Ms. Rusert at any point 7 in time? 8 A. Well, obviously that is an issue there. 9 Q. Did she say that was an issue at any 10 point in time,either when she sent you 11 those articles or -- 12 A. I do not recall specifically. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037519 13 MR. PECK: Make sure you let him 14 finish his questions. You 15 are jumping on his question. 16 THE WITNESS: Sorry. 17 Q. Do you recall her ever saying to you 18 that PCBs were an issue for Solutia in 19 the Anniston community? 20 A. I'm sure we discussed all the issues she 21 knew surrounding the plant, and I'm sure 22 that was one of them. It was certainly 23 in the clippings that she sent me. REGIONAL REPORTING SERVICE, INC. 124 1 Q. Was it the major focus of the clippings 2 she sent you? 3 MR. PECK: Object to the form. 4 You can answer. 5 A. I think the majority of the clippings 6 probably had to do with that issue, but 7 there were all kinds of clippings in 8 there. There were lake advisories, a 9 number of different kinds of -- I mean, 10 you have the file there. 11 Q. Did the lake advisories have to do with SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037520 12 PCBs in Logan Martin Lake? 13 A. I'd have to look at the clippings to 14 tell you what lake. I can't keep those 15 lakes straight, frankly. 16 Q. Mr. Bradley, are you sitting here today 17 saying you are not familiar with the 18 fact that PCBs-19 A. No. I'm -- 20 Q. -- were a problem in Lake Logan Martin 21 and that that was the subject of some of 22 the clippings you received from 23 Ms. Rusert? REGIONAL REPORTING SERVICE, INC. 125 1 A. That I was not familiar with that? 2 Q. That you are not familiar as you sit 3 here today -- 4 A. I'm sure we discussed those. I'm sure 5 we did. And they were in the clippings. 6 I think that rather than spending a long 7 amount of time on a telephone 8 conversation, she said I will send you 9 this clipping file and you can look 10 through there and get your frame of SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037521 11 reference up for a lot of the issues 12 that have generated the publicity. So 13 she did, and I looked through the file. 14 Q. Did you have a subsequent conversation 15 with her where y'all discussed the need 16 for a community relations program? 17 A. We had only a couple of conversations as 18 I recall but generally about the need 19 for a community relations program and 20 how structurally we -- Most of our 21 discussion was on how we worked and how 22 we would go about that. And she seemed 23 to be very concerned that she get REGIONAL REPORTING SERVICE, INC. 126 1 someone who knew what they were doing, 2 apparently. 3 Q. How is it that you told her you worked? 4 A. Well, I told her that first I thought an 5 assessment would be important and that 6 that would certainly -- that I would 7 have to look at this particular project 8 and come back with a recommended course 9 but that certainly first I would have to SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037522 10 get my frame of reference up to speed. 11 And that would involve just learning all 12 I could about the company, for one 13 thing. I knew virtually nothing about 14 Solutia, that I would need to know about 15 the company, that I would need to know 16 about the -- as much background 17 information as I could, and then that I 18 recommend a course of action. 19 Q. Is she the only person you have talked 20 to at Solutia in connection with this 21 assignment that you were going to be 22 given? Did you talk to anybody else 23 during this time frame when y'all were REGIONAL REPORTING SERVICE, INC. 127 1 having these initial discussions? 2 A. Yeah. 3 Q. Did you later talk to somebody else, 4 anybody else? 5 A. Well, I talked to Kevin, as we 6 discussed. She was transferred, I 7 believe to Texas, I think. And Kevin 8 took over Alabama as part of his SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037523 9 responsibilities shortly after I had my 10 conversation with her. So we had a 11 short time frame, and the remainder of 12 that has been Kevin. 13 Q. How else did you learn about the 14 background of the company other than 15 what you have told us? 16 A. I had somebody to see what was on their 17 web site, pulled off their annual 18 report, read through the clippings. 19 They may have sent me some other 20 material, but I don't -- 21 Q. Is that in the documents you provided to 22 us? 23 A. Everything that I have, you have. Other REGIONAL REPORTING SERVICE, INC. 128 1 than those -- 2 Q. I understand. Do you know the nature of 3 that? 4 A. Nature of -- 5 Q. The documents they sent you on the 6 background on Solutia. 7 A. It was duplicative of what I got off the SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037524 8 web page, annual report, that kind of 9 thing. 10 Q. I went through these documents this 11 morning, Mr. Bradley. And I'm not 12 saying I'm perfect, because I'm like 13 you, I'm getting a little old and my 14 memory is not as good as it should be. 15 And as you can see by using these 16 cheaters, neither is my eyesight. But I 17 don't remember seeing an annual report. 18 A. It may not be there. 19 Q. Is there another set of documents you 20 have in a file -- 21 A. No. 22 Q. -- that we have not received? 23 A. No. REGIONAL REPORTING SERVICE, INC. 129 1 Q. If you got that annual -- frankly I do 2 not remember seeing some web site 3 information in there either. 4 A. It may not be in there because I didn't 5 save -- Until I got the first document 6 request, I hadn't saved every single SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037525 7 document. 8 Q. So the annual report from Monsanto and 9 the other documents they sent you to 10 give you some idea of the background 11 that would be duplicative of what you 12 found on the internet, you threw away? 13 A. If it is not there -- You have 14 everything that was in my file after 15 that document request. 16 Q. I'm not accusing you of holding 17 anything -- 18 A. I have no idea -- 19 Q. --back. Is there a possibility that it 20 is in some other file in your office, a 21 set of documents that we haven't seen? 22 A. No. I don't think so. 23 Q. You have indicated in connection with REGIONAL REPORTING SERVICE, INC. 130 1 your response a minute ago that 2 obviously PCBs were an issue. What do 3 you mean by that statement, obviously 4 PCBs were an issue? 5 A. Well, read the clippings. There is a SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037526 6 huge clippings file. When there is that 7 much in the media, it is obviously 8 something that is at a high -- 9 relatively at least to other issues, at 10 a fairly high level in the community's 11 collective minds. 12 Q. I give you credit for having a pretty 13 good mind, Mr. Bradley, and it seems to 14 me that one who has been in the business 15 you have could probably answer this next 16 question. But how would you rank that 17 problem in the category of problems 18 Solutia had at the time you took this 19 job? Would that be sort of the number 20 one focal point of the community they 21 had at that point? 22 MR. PECK: Object to the form. 23 Q. PCBs? REGIONAL REPORTING SERVICE, INC. 131 1 A. Relative to Solutia itself? 2 Q. Relative to their Anniston plant site 3 and what work you were doing for them 4 there. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037527 5 MR. PECK: Object to the form. 6 A. I would say that was certainly one of 7 the major issues, but it was not the 8 only one. 9 Q. Was litigation mentioned by Ms. Rusert 10 at the time you discussed these matters 11 with her? 12 A. I don't recall. 13 Q. Is it your testimony here today -- I'm 14 talking about in the initial 15 conversation or subsequent 16 conversations. Is it your testimony 17 here today that Ms. Rusert or anybody 18 else from Monsanto ever talked to you 19 about the fact there was litigation 20 pending before you signed the agreement 21 with them? 22 MR. PECK: Object to the form of 23 the question. That is not REGIONAL REPORTING SERVICE, INC. 132 1 his testimony at all. 2 MR. STEWART: I'm not saying that 3 is his testimony. I'm just SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037528 4 trying to cut to the chase on 5 some of these questions. 6 A. I didn't say it wasn't discussed. It 7 was not a major part of what we 8 discussed. I knew at some point after 9 these initial discussions that there 10 were these pending legal issues. 11 Q. How did you become aware of that? 12 A. I don't recall specifically, but I'm 13 sure that someone in some conversation 14 initially -- I knew it early on. I 15 don't recall when. I knew there were 16 these legal issues out there. I knew 17 there were lawsuits. I wasn't 18 particularly concerned about them, so I 19 didn't pursue them. 20 Q. Who is it if you recall -- or I believe 21 you said -- What was the substance of 22 what they told you about the litigation 23 that was pending in these initial REGIONAL REPORTING SERVICE, INC. 133 1 discussions? 2 A. The only thing I really remember is that SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037529 3 there were a number of lawsuits and 4 there were a number of different cases, 5 some involving individuals around the 6 plant, some involving property owners 7 around several lakes or a lake. I mean, 8 I just knew they were out there. 9 Q. And what else did they tell you about 10 the fact they were out there, that they 11 were fairly significant lawsuits, 12 insignificant lawsuits, no problem, big 13 problem, small problem? What did they 14 say? 15 A. I don't recall that they characterized 16 them that way. 17 Q. You indicated earlier in response to 18 some of my questions that there was a 19 court date in early June. And I believe 20 that was in early June of 1998; is that 21 correct? 22 A. I think that's right. 23 Q. Who told you about that, Ms. Rusert -- I REGIONAL REPORTING SERVICE, INC. 134 1 believe you said Kevin Cahill? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037530 2 MR. PECK: Object to the form, 3 asked and answered. 4 A. I don't recall. 5 Q. In between the time you had these 6 initial discussions and the time you 7 talked about that court date in June of 8 1998, did you have any other discussions 9 with people about the litigation itself? 10 A. Not about the litigation itself, no, not 11 that I recall. I wasn't--That was not 12 my primary focus. It is not what I was 13 hired to do. I just knew they were out 14 there. I'm not a lawyer. I didn't take 15 any particular interest in them other 16 than being aware that they were there. 17 (Plaintiffs' Exhibits Numbers 18 Three and Four were marked 19 for identification.) 20 MR. STEWART: Put on the record 21 that they are conferring. 22 Q. Let me show you Plaintiffs' Exhibit 23 Three and Four and ask you just to REGIONAL REPORTING SERVICE, INC. 135 SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037531 1 identify those for the record, just so 2 we have those specifically marked. 3 MR. PECK: Identify them I think 4 is ask what he said. 5 A. Yes. I'm familiar with these. 6 Q. Just identify them if you would for the 7 record. 8 A. One is the initial contract which -- 9 MR. PECK: It helps just to -- 10 A. Exhibit Three is the initial contract 11 with Solutia from March 1, '98, to 12 February 28, '99. Exhibit Four is the 13 extension of that contract from March 1, 14 1999, ongoing. 15 MR. STEWART: Could we take just 16 short break? I've got 17 someone that needs -- we are 18 going to be here for a fair 19 amount of time. 20 (Discussion held off record.) 21 (Ms. Ellen Malow and 22 Mr. Charles Cunningham left 23 the deposition proceedings.) REGIONAL REPORTING SERVICE, INC. 136 SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037532 1 Q. We were talking about the contracts. 2 What is the total amount of funds you 3 have been paid by -- 4 A. That would be forty-five hundred dollars 5 per month. The total amount from the 6 start of the contract? 7 Q. Yes. 8 A. It would be March 1, 1998, through May 9 of '99 times forty-five hundred, 10 whatever that is. 11 Q. Tell me if you would what percentage of 12 your total income that is. 13 A. Oh, gosh, I'll have to -- Let's see. 14 Forty-five, that would probably be seven 15 or eight percent, nine percent. 16 Q. Of your gross income? 17 A. Total gross. 18 Q. Mr. Bradley, are you paid--Have you 19 been paid or promised anything else in 20 connection with this other than that 21 forty-five hundred dollars? 22 A. Nothing other than normal expenses, out 23 of pocket -- reimbursement of expenses REGIONAL REPORTING SERVICE, INC. 137 SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037533 1 that is contained in the contract. 2 Q. So the reimbursement of expenses are not 3 included in the forty-five hundred 4 dollars? 5 A. Right. 6 Q. Do you have any idea what they have run 7 you? 8 A. Most months there have been no expenses 9 Q. I notice there was a clippings service. 10 Is that run by Mr. McCullough or 11 Ms. Sampson? 12 A. No. I subscribe on behalf of all 13 clients to a clippings service. 14 Q. Is that the Magnolia Clippings Service? 15 A. Right. 16 Q. Is that operated out of Montgomery? 17 A. You know, I don't know where they are 18 located now. They used to be in 19 Tuscaloosa. I have kind of lost track, 20 to be honest. 21 Q. You indicated you were having these 22 conversations with Ms. Rusert to begin 23 with. I interrupted you. We were REGIONAL REPORTING SERVICE, INC. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037534 138 1 talking about community issues and your 2 assessment of the community. Other than 3 those conversations you had with her, 4 did you have -- and Mr. Cahill, did you 5 ever talk to Blake Hamilton? 6 A. I talked to Blake Hamilton. 7 Q. I'm talking about in the initial phase. 8 A. No, I did not. 9 Q. Did you ever talk to Alan Faust? 10 A. Not in that initial phase, no. I had 11 one conversation before I was retained, 12 and I believe Blake Hamilton was a part 13 of that. 14 Q. When was that? 15 A. Probably January or February of'98. 16 Q. And who was present other than 17 Mr. Hamilton? 18 MR. PECK: On the phone call? 19 A. On the phone call? 20 Q. Was it a phone call? 21 A. Yes. 22 Q. I'm sorry. I thought it was a meeting. 23 A. No. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037535 REGIONAL REPORTING SERVICE, INC. 139 1 Q. Was there anybody on the phone call 2 or -- 3 A. Yeah, there was. 4 Q. Were you on a speaker phone? 5 A. Yeah. I'm trying to--1 don't remember 6 whether Kevin was a part -- I don't 7 think he was on board then. Beth Rusert 8 may have been. I don't remember. 9 Q. Was anybody else on with you? 10 A. No. I was by myself. 11 Q. What was the substance of that 12 conversation? 13 A. They wanted to learn more about our 14 firm, how we -- our experience, how we 15 operated, my background, so forth. It 16 was strictly related to us. 17 Q. Did Mr. Hamilton say anything at that 18 period of time about these community 19 issues? 20 A. Not that I recall. 21 Q. Did he say anything about the PCB 22 problem that he was facing there at the 23 plant? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037536 REGIONAL REPORTING SERVICE, INC. 140 1 A. I don't believe we discussed that. 2 Q. Did you discuss the litigation -- 3 A. Not in any detail. It may have been 4 mentioned. I don't remember. I mean, I 5 have trouble remembering what I had for 6 breakfast last week, much less a year 7 and a half ago. 8 Q. I understand. Did you discuss the 9 litigation? 10 A. If we did, I don't recall. 11 Q. Did you discuss the need for a community 12 assessment during that conversation? 13 A. No. As I said, in was mainly about my 14 background and experience and our firm 15 and how we went about things. We really 16 didn't get into any issues concerning 17 the facility that I recall. 18 Q. And that conversation would have taken 19 place before February 23rd of'98 when 20 you signed the contract? 21 A. Yes. 22 Q. Were there any other conversations with SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037537 23 other people about the agreement before REGIONAL REPORTING SERVICE, INC. 141 1 you got there or before you got to that 2 point where you signed this contract? 3 A. I had -- I think I had a couple with 4 Kevin Cahill prior to that. 5 Q. And when did those conversations take 6 place, after the one with Mr. Hamilton 7 and -- 8 A. Yeah. Kevin, as I said, assumed Alabama 9 as part of his responsibility, came to 10 visit. 11 Q. Did he come to visit you? 12 A. Elh-huh (indicating yes). Well, he 13 visited -- You know, he has statewide 14 responsibility. I believe he visited 15 one or more plants in the state and also 16 came by Birmingham and introduced 17 himself, and we visited a little bit. 18 That was I think after, though -- 19 Q. After the contract? 20 A. -- the contract was signed. I don't 21 recall anything prior to that, anything SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037538 22 else. 23 Q. Christy Beckmann signed this contract. REGIONAL REPORTING SERVICE, INC. 142 1 She is a vice president of public 2 affairs. That is Plaintiffs' Exhibit 3 Three. Plaintiffs' Exhibit Four is not 4 signed. Do you know how that happened? 5 A. That -- Other than it just takes a long 6 time through their administrative 7 process. 8 Q. But you assume it will be signed? 9 A. Yes. 10 Q. I assume you are getting paid whether 11 the contract is signed or not? 12 A. Yes, I am. 13 Q. Tell me if you would what was the-- 14 What exactly were you told after the 15 contract was signed that Monsanto wanted 16 you to do, now? What was the first 17 thing you were told they wanted you to 18 do? 19 MR. PECK: Solutia. 20 Q. Solutia. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037539 21 MR. PECK: I guess we can have an 22 understanding that when you 23 say Monsanto you mean REGIONAL REPORTING SERVICE, INC. 143 1 Solutia. 2 MR. STEWART: Spinoff of Monsanto, 3 Solutia. 4 MR. PECK: She never really worked 5 for Monsanto. 6 Q. What were you told? What was the scope 7 of what you were being asked to do? 8 A. Well, I thought we had covered that 9 earlier. 10 Q. When you say that, are you saying you 11 thought they had asked you to do a 12 community -- build a community relations 13 program? 14 A. Well, essentially my -- the request was 15 to suggest a community relations -- 16 comprehensive statewide community 17 relations program. 18 Q. Was that -- Were you told that by 19 Ms. Beckmann at the time the contract SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037540 20 was signed? 21 A. I never talked to her directly about the 22 contract. 23 Q. Well, is that what is referred to in the REGIONAL REPORTING SERVICE, INC. 144 1 first paragraph of this agreement, 2 specifically BTPA -- and I'm looking at 3 Exhibit Four, and it is the same in 4 Exhibit Three -- will undertake a 5 comprehensive assessment and evaluation 6 of significant community issues of 7 interest to the client, which may 8 directly affect its ability to 9 efficiently manage and operate its 10 Alabama facilities located in Decatur, 11 Anniston, and Foley? Is that right? 12 A. Yes. 13 Q. You have indicated that in response to 14 that you did a community assessment in 15 Anniston? 16 A. Well, we started. 17 Q. Started. 18 A. We never -- On a scale of one to ten we SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037541 19 got a half of one. We just had barely 20 started. 21 Q. Just scratched the surface? 22 A. Right. We were going to pursue that in 23 the Anniston and the other locations and REGIONAL REPORTING SERVICE, INC. 145 1 just never completed that. 2 Q. You didn't go to Foley? 3 A. No. 4 Q. Didn't go to Decatur? 5 A. Didn't go there and didn't complete the 6 rest of it in Anniston. 7 Q. Tell me if there were lawsuits pending 8 in Foley or Decatur. 9 A. I don't know whether there were lawsuits 10 pending in -- I would have no way of 11 knowing that. There may be. 12 Q. What did the employees that you talked 13 to tell you that they thought? 14 A. Employees? 15 Q. Yes. Beckmann, Rusert, Kevin Cahill 16 tell you they thought the perception of 17 Solutia was in Anniston? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037542 18 A. Well, they didn't -- Kevin was new. He 19 didn't have any perception. 20 Q. Did Mr. Hamilton say anything to you in 21 his conversation? 22 A. Blake was fairly new at that time, had 23 only been there a few months, was just REGIONAL REPORTING SERVICE, INC. 146 1 really beginning in effect his own 2 community visits and assessment. So we 3 didn't have any discussions of substance 4 that I recall because neither one of us 5 had much of a frame of reference. I 6 know that Blake told me he was trying to 7 get that done in addition to running the 8 plant and it was a challenge. 9 Q. To get -- 10 A. To move around in the community as I 11 was. 12 Q. And when you say community, you are 13 referring to Anniston? 14 A. Well, that was the starting point, but 15 the program was a statewide program, as 16 the contract says. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037543 17 Q. Tell me where you first went. 18 A. Where I first went? 19 Q. Once the contract was signed where did 20 you first go to do your work? Was that 21 in Anniston when you started the 22 community assessment? 23 A. We have already discussed it. REGIONAL REPORTING SERVICE, INC. 147 1 Q. Did you visit the plant? 2 A. I did. 3 Q. Who gave you the tour of the facility? 4 A. Blake Hamilton, plant manager. 5 Q. When did that occur in relation to when 6 you signed the contract? 7 A. Sometime shortly after that. 8 Q. Shortly after February 23rd of'98? 9 A. Right. 10 Q. Was anybody else along with you on that 11 first visit? 12 A. You mean from my firm? 13 Q. First from your firm. 14 A. No. 15 Q. Was anybody else from Monsanto or from SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037544 16 Solutia there? 17 A. At the plant I was introduced to the key 18 department managers. 19 Q. Who was that? Do you remember? 20 A. No, I don't remember. I see them, but I 21 don't -- 22 Q. Did you ever meet an Alan Faust? 23 A. Yes. He introduced Alan Faust and REGIONAL REPORTING SERVICE, INC. 148 1 probably four or five other department 2 managers and heads. 3 Q. Did you understand from your 4 introduction to Mr. Faust that he was a 5 Monsanto employee or a Solutia employee? 6 A. I didn't really -- I just knew he worked 7 at the facility. 8 Q. Alan and Blake Hamilton. You don't 9 remember any other people? Werey'all 10 in one meeting, or did you just meet 11 them separately? 12 A. We had some individual meetings, and we 13 had one discussion in Blake's office 14 kind of with everybody about how the SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037545 15 plant operated and what it produced and 16 so forthjust so I would understand 17 that. 18 Q. So they just told you something about 19 the manufacturing process and tell you 20 about the number of employees and their 21 presence in the community? Are those 22 the kinds of things they talked about? 23 A. Yeah. Mainly trying to help somebody REGIONAL REPORTING SERVICE, INC. 149 1 who is non-technical try to understand 2 what the plant did. 3 Q. Was there a Robert Jones in any of those 4 meetings? 5 A. I think so. 6 Q. Did Jerry Brown show up in any of those 7 meetings? 8 A. That sounds familiar, but I really have 9 had no contact -- or very little contact 10 with those people. 11 Q. With this meeting or this first meeting 12 did Mr. Hamilton mention PCBs at all? 13 A. I don't recall specifically. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037546 14 Q. Do you recall anyone ever saying 15 anything to you from Monsanto or from 16 Solutia about PCBs? 17 MR. PECK: At that meeting or at 18 any time? 19 MR. STEWART: At the meeting or 20 any time. 21 A. Sure. 22 Q. Who has talked to you about that? 23 A. Well, again, specifically I can't tell REGIONAL REPORTING SERVICE, INC. 150 1 you exactly who but I know that the 2 issue has been mentioned, certainly. 3 Q. What historically or historical 4 information have you been given about 5 PCBs? 6 A. Really not a lot. 7 Q. What? 8 A. Well, as I said, not a lot. I mean, I 9 was trying to answer the question. Very 10 little about the technical, scientific 11 side of it. Number one, I have very 12 little interest in that. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037547 13 Q. Why is that? 14 A. Because I'm just not interested in 15 technical things. I mean, I knew 16 that -- 17 Q. Were you not -- You are not saying you 18 weren't interested in the PCB problem; 19 you are just saying you were not 20 interested in the technical side of 21 PCBs? 22 A. That is not what I was hired to do. 23 They have scientists and engineers and REGIONAL REPORTING SERVICE, INC. 151 1 people who understand those issues. I 2 was to deal with community issues. 3 Q. What were you hired to do in connection 4 with the PCB problem in relation -- 5 A. I wasn't hired -- I'm sorry. 6 Q. -- to the community issues? Were you 7 not hired to assist -- 8 A. No, I was not hired to assist Solutia 9 with PCB issues. 10 Q. Did Alan Faust talk to you at all about 11 remediation efforts that were going on SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037548 12 at the plant? 13 A. Yes, he did. 14 Q. What did he say about that? 15 A. He tried to explain the -- give me a 16 feeling for the history of it. 17 Q. What did he say? 18 A. I don't -- I don't remember 19 specifically. 20 Q. Did he tell you when they started the 21 remediation efforts? 22 A. Oh, my recollection was that the whole 23 issue had been going on there for some REGIONAL REPORTING SERVICE, INC. 152 1 years. The remediation efforts for the 2 past several, generally. You know -- 3 Q. So he told you that the PCB problem had 4 existed at the plant for years? 5 MR. PECK: Object to the form of 6 the question. 7 A. No. He didn't say that, and I didn't 8 say that either. I said that the issue 9 had been out there for some years and 10 that the remediation efforts had been SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037549 11 ongoing for the past several years. 12 Q. Well, by your response I'm assuming that 13 Mr. Faust told you that Monsanto and 14 then Solutia have been aware of this 15 issue for some time but then something 16 happened that triggered the remediation. 17 Is that what you are saying? 18 MR. PECK: Object to the form, 19 mischaracterizes his 20 testimony. 21 A. If you are asking me did they generally 22 discuss the remediation efforts 23 surrounding the plant, yes. REGIONAL REPORTING SERVICE, INC. 153 1 Q. I'm just asking you, Mr. Bradley, really 2 what he told you about the history of 3 the PCB problem. And your response to 4 my question was Mr. Faust indicated to 5 you the problem had been there for some 6 time. 7 A. The issue had been out there. 8 Q. The issue had been out there for some 9 time. What issue are you talking about, SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037550 10 the issue of the cleanup of PCBs or the 11 need to remediate the PCBs, or what are 12 you talking about? 13 A. Just the environmental issue of -- out 14 there. 15 Q. You mean about PCBs at the Anniston 16 plant site? 17 A. I know that there were -- You know, I'm 18 trying to think if -- I don't remember 19 any specifics. 20 Q. But you say you know there were -- 21 A. All I -- 22 MR. PECK: You can finish. Go 23 ahead. REGIONAL REPORTING SERVICE, INC. 154 1 A. All I can tell you is that was a part of 2 trying to get my frame of reference from 3 zero to a little higher than that. I 4 visited the plant. I was told about the 5 operational part of the plant, and then, 6 I mean, obviously there was a 7 remediation effort going on around the 8 facility, and they told me generally SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037551 9 about that. But -- 10 Q. They being Mr. Faust and Mr. Hamilton? 11 A. Mr. Faust, uh-huh (indicating yes). 12 Q. And my question to you was -- in 13 response to my question to you, you 14 indicated they had told you or -- I 15 think you said Mr. Faust had told you 16 that the issue -- I assumed you were 17 talking about the PCB issue at the 18 Anniston plant; is that correct? 19 A. Uh-huh (indicating yes). 20 Q. -- had been there for some time, and 21 then for the past several years they 22 were remediating the property. 23 MR. PECK: Object to the form of REGIONAL REPORTING SERVICE, INC. 155 1 the question, 2 mischaracterizes his 3 testimony. 4 Q. You can go ahead and answer. 5 A. There was a remediation effort that was 6 underway. 7 Q. Am I to understand from your response SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037552 8 that you learned from Mr. Faust in this 9 conversation that the issue about PCBs 10 had been there for some time before the 11 remediation started? 12 MR. PECK: Object to the form, 13 mischaracterizes his 14 testimony, calls for 15 speculation. He doesn't 16 remember -- 17 A. You know, I really don't. 18 MR. STEWART: Mr. Peck, I would 19 just ask you out of courtesy 20 -- we are doing pretty well 21 -- if you want to make an 22 objection to the form and 23 don't make speaking REGIONAL REPORTING SERVICE, INC. 156 1 objections. 2 MR. PECK: I'm stating my 3 objections for the record. 4 Go ahead. 5 A. You are going to have to rephrase the 6 question. I mean -- SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037553 7 Q. I'm just asking you if you learned from 8 Mr. Faust that the PCB issue which had 9 been there in connection with the 10 Anniston plant had been there before the 11 remediation started. That was my 12 understanding. 13 A. Yes. 14 Q. And what was the basis for his saying 15 that? Did he tell you how they knew or 16 how Monsanto, which would have been the 17 plant owner at that time, knew about 18 this issue of PCBs before the 19 remediation started? 20 MR. PECK: Object to the form of 21 the question. 22 A. Not in any great detail. 23 Q. Whatever he told you, I just want your REGIONAL REPORTING SERVICE, INC. 157 1 best recollection, Mr. Bradley. 2 MR. PECK: Object to the form. 3 A. It was just a general review of the 4 whole history of the plant. And as a 5 part of that -- from the start. And as SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037554 6 a review of the whole history of the 7 plant, that was a part of it. 8 Q. Did he indicate to you the time frame 9 when they first learned that there was 10 an issue about PCBs at the plant in 11 Anniston? 12 MR. PECK: Object to the form. 13 A. He may have in the course of that. I 14 don't recall specifically. 15 Q. And what was the nature of that problem 16 with PCBs historically that he told you 17 they had had there at the Anniston 18 plant? 19 MR. PECK: Object to the form. 20 You can answer. 21 A. Well, in a general review of the whole 22 issue, I suppose he indicated that -- 23 MR. PECK: Let me -- You said you REGIONAL REPORTING SERVICE, INC. 158 1 suppose. If you remember 2 something, tell him. If you 3 are speculating, if you don't 4 remember -- SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037555 5 MR. STEWART: Mr. Peck, I would 6 ask you to make your 7 objections in the proper 8 form. I'm not going to 9 continue to be as patient. 10 MR. PECK: If you want me to take 11 him outside and counsel him 12 on not speculating, I will do 13 that. He is not supposed to 14 speculate. 15 MR. STEWART: Mr. Peck, I would 16 ask you to make proper 17 objections, and that will be 18 the last time I say that, and 19 we will call the judge. It 20 is not running to him. It is 21 just to keep you from doing 22 that in this deposition. We 23 will get through a lot REGIONAL REPORTING SERVICE, INC. 159 1 quicker if you wouldn't do 2 that. 3 Q. Tell me, Mr. Bradley, what he told you SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037556 4 about the historical problem or issue -- 5 A. I don't recall specifically. 6 Q. Just generally what you recall about him 7 telling you? 8 MR. PECK: Object to the form. 9 A. I think I have tried to answer that 10 question. 11 Q. Well, Mr. Bradley, was it related to 12 PCBs leaving the plant site? 13 A. It was related to a concern in the 14 community over certain levels of PCBs 15 found in the community and that the 16 company had tried to be responsive to 17 that and that while they felt certain 18 there had been no effect to human 19 health, that they had gone forward with 20 a remediation program. 21 Q. Anything else that he told you about 22 that? 23 A. That is generally it. REGIONAL REPORTING SERVICE, INC. 160 1 Q. Did Mr. Blake Hamilton tell you anything 2 about that? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037557 3 A. Not any more than that. 4 Q. How did he -- 5 A. If he did, I don't recall specific 6 discussion with Blake about -- You know, 7 I was not there to talk about PCB issues 8 in the plant. 9 Q. Did he talk to you about the PCB problem 10 itself, his perception of the PCB 11 problem, Mr. Hamilton? 12 A. I don't recall if he did. 13 Q. Did Mr. Robert Jones, Mr. Bradley, or 14 Jerry Brown talk to you about that 15 issue? 16 A. If they did, it was very general. I 17 didn't have any detailed discussions 18 with either one of them at all or 19 whoever the other individuals were other 20 than Alan Faust and Blake Hamilton. I 21 didn't have any detailed discussions 22 with any of them. As a matter of fact, 23 one I think was just -- It was more on, REGIONAL REPORTING SERVICE, INC. 161 1 again, the history of the facility. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037558 2 That is what I was interested in. 3 Q. Tell me, Mr. Bradley, what image did 4 either Ms. Beckmann or Beth Rusert or 5 Kevin Cahill indicate that Solutia 6 wanted to project at this plant site? 7 A. They didn't have any specific image 8 other than they personally believed that 9 Solutia was a good company, made up of 10 good people, and that it cared about the 11 community. It had employees, families, 12 retirees living in that community, and 13 that it wanted to be supportive of those 14 employees and retirees and families 15 because they had to use the services 16 available in the community, educational 17 facilities and so forth. 18 Q. Did they give you materials that they 19 wanted you to use in developing the 20 image or the program? 21 A. No. 22 Q. You developed those materials yourself? 23 A. Well, we didn't really develop any REGIONAL REPORTING SERVICE, INC. 162 SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037559 1 materials. We just made recommendations 2 based on programs available out there, 3 activities, organizations in those three 4 areas that I mentioned earlier. 5 Q. Why is it, if you were told, did 6 Mr. Hamilton tell you they had not had a 7 community relations program before? 8 MR. PECK: Object to the form. 9 A. I don't know that Mr. Hamilton told me 10 that. 11 Q. What if anything did he tell you about 12 the community relations programs that 13 had existed before, historically when 14 the plant was owned by Monsanto or 15 Solutia? 16 A. I don't recall that he said anything 17 specific about that other than it was 18 his -- Well, I can't speak for him. I 19 don't -- Generally my impression was 20 that he felt that Solutia had a rather 21 low profile and that the name change was 22 confusing and that those issues 23 concerned him. REGIONAL REPORTING SERVICE, INC. 163 SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037560 1 Q. Concerned him how, that he wanted those 2 changed? Is that what he said? 3 A. I can't answer for him. And I don't 4 recall that he said anything past that 5 other than those were some things that 6 he was just generally -- I don't know if 7 "concern" is a correct word, but as the 8 manager of that facility, he was aware 9 of. That is probably a more proper way 10 to say it. 11 Q. Did he indicate to you that these 12 articles that you have seen where you 13 sort of ranked PCBs as a big problem, 14 that that was sort of the driving force 15 behind his desire to improve the 16 community image too? 17 MR. PECK: Object to the form. 18 A. Where I ranked PCBs? 19 Q. You ranked the PCB issue -- 20 A. I don't think I said I ranked them as a 21 big problem. I said they were an issue 22 among other issues. 23 Q. A big issue. REGIONAL REPORTING SERVICE, INC. 164 SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037561 1 A. An issue. 2 Q. Well, what other issues did you see 3 other than this name change and that? 4 A. Well, at that point very little because 5 I hadn't really doneanything at that 6 point. 7 Q. Did you arrive at any other conclusions 8 later other than those twothat we have 9 talked about? 10 A. Well, those are not -- 11 Q. The name change and the PCB problem? 12 A. Well, those are factors. They are not 13 really conclusions. I mean, at that 14 point I had talked to very few people. 15 I don't even remember exactly when that 16 was, but it was fairly early. I had yet 17 to come back and -- in fact never really 18 did come back with a complete 19 assessment, for reasons that we 20 discussed earlier. 21 Q. Well, how is it that you came up with a 22 program if you didn't do a community 23 assessment? I took from what you said REGIONAL REPORTING SERVICE, INC. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037562 165 1 earlier about the way you worked that 2 you did an assessment in the community 3 and then came up with a program. How is 4 it that you managed to extrapolate in 5 this situation some kind of program? 6 A. Well, because the three areas that we 7 look into, regardless of a community's 8 assessment of a particular corporate 9 entity, still are worthwhile programs 10 that are advantageous for any 11 organization to be associated with. 12 Q. Tell me if you -- 13 A. Especially education. 14 Q. Tell me if you would -- You say we 15 looked into. You are talking about you 16 and the other people you mentioned 17 earlier, you, Mr. Cahill, Ms. Beckmann, 18 Mr. Hamilton? 19 A. No. The assessment was done primarily 20 by myself and some research by Lynn 21 Sampson at my request. 22 Q. So you all came up with these three 23 things you thought they should do? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037563 REGIONAL REPORTING SERVICE, INC. 166 1 A. We came up with those areas, 2 environment, education, and rural health 3 because those are three areas that we 4 believe are important to Alabamians. 5 Q. Can you -- 6 A. And we suggested that those three areas 7 were the three that needed looking into. 8 Q. When did you first come in contact with 9 the firm known as Fleishman-Hillard? 10 A. Sometime in the summer of'98. 11 Q. That was after you had signed the 12 contract? 13 A. That's correct. 14 Q. Who did you have contact with there, 15 Mr. Hamsher? 16 A. I don't recall. I met one individual at 17 the plant sometime in the summer of '98, 18 and I do not recall who that was. 19 Q. What was the nature -- What was the 20 occasion for that meeting? 21 A. It was a part of responding to a media 22 inquiry from The Wall Street Journal. 23 Q. And was that by Mr. Mollenkamp -- I SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037564 REGIONAL REPORTING SERVICE, INC. 167 1 mean -- 2 A. Mollenkamp, correct. 3 Q. What was the substance of your 4 conversation with those people at that 5 time? 6 MR. PECK: Which people? 7 MR. STEWART: The people from 8 Fleishman-Hillard. 9 Q. Whoever the person was. 10 A. I had very limited conversation with 11 them. There had been a media inquiry, a 12 substantial inquiry from The Wall Street 13 Journal with a number of questions, 14 requests for a great deal of data, 15 response, and there was a meeting at the 16 plant to respond to that reporter. And 17 the representative from 18 Fleishman-Hillard was there to sit in as 19 a part of that meeting. 20 Q. And how is it you understand that that 21 person came to be at the meeting? Did 22 you contact the person or did somebody SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037565 23 from Monsanto? REGIONAL REPORTING SERVICE, INC. 168 1 A. I have no idea. They provide assistance 2 to Solutia at the corporate level, 3 national level. They were just at the 4 meeting. 5 Q. And did that person, whoever it was, 6 play a part in having conversations with 7 Mr. Mollenkamp? 8 A. No, not that I recall. 9 Q. Did you have any further contact with 10 that company,Fleishman-Hillard after 11 that meeting? 12 A. A little bit, very little. 13 Q. Who did you have contact with? 14 A. Whoever that gentleman was who was at 15 the meeting. 16 Q. You don't remember what his name was? 17 A. I'm sorry. I don't. 18 Q. What was the nature of those 19 communications, phone, correspondence, 20 what? 21 A. There may have only been one subsequent SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037566 22 telephone conversation. To the best of 23 my recollection, I think it had to do REGIONAL REPORTING SERVICE, INC. 169 1 with a subsequent inquiry from the 2 reporter. It might have -- I don't 3 really -- I would be guessing. If I had 4 another conversation with him, it was of 5 not much substance. 6 Q. You don't remember what the substance of 7 it was, but you do know the subject 8 probably was the inquiry from the 9 reporter? 10 A. If it was -- You know, I'm getting into 11 speculation here. I just remember 12 talking to somebody briefly. I don't 13 remember what it was about necessarily. 14 All I can recall is they were there at 15 that meeting. It had to do with The 16 Wall Street Journal reporter's inquiry. 17 I cannot remember what the follow-up 18 conversation was about specifically. 19 Q. Do you know when Fleishman-Hillard 20 started working for Monsanto? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037567 21 A. No. 22 Q. Are you saying they were doing work for 23 Monsanto? Were they there for Monsanto REGIONAL REPORTING SERVICE, INC. 170 1 or Solutia? 2 A. Solutia. 3 MR. PECK: I think y'all are 4 confused because you keep 5 calling it Monsanto. 6 MR. STEWART: Mark this if you 7 would. 8 (Plaintiffs' Exhibit Number 9 Five was marked for 10 identification.) 11 Q. Let me show you Plaintiffs' Exhibit 12 Five. This is one of the documents -- 13 It appears to be something from 14 Fleishman-Hillard. How about taking a 15 look at that. I want to ask you some 16 questions about it. 17 A. Okay. 18 Q. It refers to a Christy. Who is that? 19 A. Christy Beckmann. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037568 20 Q. It says, "Fleishman-Hillard on a 21 graphic, with the name to use on a 22 banner. We have two banners per plant 23 site." What is she talking about? REGIONAL REPORTING SERVICE, INC. 171 1 A. I think it had to do with banners that 2 would be available during an 3 announcement of the Solutia Education 4 Connection program. 5 Q. It appears -- and of course I don't want 6 to read anything into it that is not 7 there, but I do want to know about it -- 8 that Fleishman-Hillard apparently put 9 the banners together in connection with 10 this announcement of the education 11 program. Is that correct? 12 A. I assume so. I don't -- I don't know 13 who put the banners together. 14 Q. Is it fair if to say they perhaps were 15 advising also on this education 16 initiative, Fleishman-Hillard? 17 A. Well, again, you would have to ask 18 someone else. I just had that brief SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037569 19 contact with them. 20 Q. This is something that came to you from 21 Ms. Beckmann? 22 A. I guess so if it was in my file. 23 Q. And would it be fair to say that REGIONAL REPORTING SERVICE, INC. 172 1 someone, either Beckmann or people there 2 at the corporate headquarters in St. 3 Louis of Solutia, indicated to you that 4 these people were advising them? 5 MR. PECK: Object to the form of 6 the question. 7 Q. You previously mentioned 8 Fleishman-Hillard advised then at a 9 corporate level. Am I to understand 10 that is where you obtained that 11 information, from Ms. Beckmann? 12 MR. PECK: Object to the form. 13 A. I don't know who I got that information 14 from. 15 Q. That was your understanding though; is 16 that correct? 17 MR. PECK: Object to the form. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037570 18 A. I don't speak for Christy Beckmann or 19 Fleishman-Hillard or anything.I just 20 knew that they were involved. 21 Q. What do you know about that company, 22 Mr. Bradley? 23 A. Very little. REGIONAL REPORTING SERVICE, INC. 173 1 Q. What do you know about the substance of 2 the advice they give to people in 3 connection -- 4 A. I'm not -- I'm sorry. I'm not involved 5 in that. 6 Q. Not involved in what? 7 A. In what Fleishman-Hillard -- its 8 interaction or advice or lack of to 9 Solutia. I'm not involved in that. 10 Q. But you understand it is going on; you 11 just are not involved in it? 12 A. I don't know what is going on. I'm not 13 saying there is. I have no connection 14 with that at all. 15 Q. So would it be fair to say, then, that 16 the contacts you have mentioned in SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037571 17 connection with the responses that you 18 have already given to my questions is 19 the only contact you have had with those 20 people; is that correct? 21 A. Oh, it has been so small, there may have 22 been some other material that they put 23 together for Solutia. REGIONAL REPORTING SERVICE, INC. 174 1 Q. What is that material you are referring 2 to? 3 A. I have no idea. I'm just saying it is 4 possible they may have. 5 Q. Do you understand or do you have some 6 idea that that might have been involved 7 in the litigation part of this thing as 8 opposed to -- 9 A. It could have been. 10 MR. PECK: Without disclosing the 11 content, it is a 12 Fleishman-Hillard document on 13 the log. 14 Q. So you understand they might have been 15 involved in litigation advice; is that SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037572 16 correct? 17 A. That was --yes. 18 Q. And that understanding you acquired from 19 some of these people you dealt with at 20 Solutia? 21 A. Yes. 22 Q. Now, how many times have you gone to the 23 facility up there other than this time REGIONAL REPORTING SERVICE, INC. 175 1 that youhave indicated youwent up 2 there? 3 A. To Anniston? 4 Q. Yes. 5 A. Oh, golly, five or six, maybe seven 6 times. 7 Q. You indicated you went up there the 8 first time tosee Mr. Hamilton. Can you 9 give us some kind of idea when you went 10 to the plant those other either five or 11 six times? 12 A. It may have been more than that. No. 13 It would just be periodically. 14 Q. Can you give us some idea of what SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037573 15 prompted you to go there? 16 A. I'm sorry. 17 Q. Go ahead. 18 A. One was with The Wall Street Journal 19 reporter. 20 Q. Now, that was related to an article 21 about PCBs; is that correct? 22 A. It was related to his inquiry about a 23 number of things. And you know, several REGIONAL REPORTING SERVICE, INC. 176 1 other times just to stay in touch with 2 the plant manager. 3 Q. You mentioned The Wall Street Journal. 4 When you say plant manager you are 5 talking about Blake Hamilton? 6 A. Blake Hamilton. And then several times 7 in preparation for the announcement of 8 the education program, and then on that 9 day, the announcement of the program. 10 Q. All right, sir. Tell me if you would 11 who all was present at this Wall Street 12 Journal reporter meeting. Who all was 13 there? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037574 14 A. Well, Mr. Peck was there. 15 Q. Who? 16 A. Mr. Peck. 17 Q. Adam Peck? 18 A. Yes. Kevin Cahill, Bob Kaley. 19 Q. Kaley? 20 A. Alan Faust, Blake Hamilton, that may be 21 it. 22 Q. And where was this meeting held? I 23 believe you mentioned earlier that you REGIONAL REPORTING SERVICE, INC. 177 1 of course were present and there was 2 somebody present from Hillard -- 3 Fleishman-Hillard? 4 A. Someone was there. They didn't 5 participate in that meeting as I recall. 6 Q. And where was the meeting held? 7 A. In one of the conference rooms at the 8 plant. 9 Q. And what was the nature of the 10 conversation that took place that day? 11 A. Well, as I said, trying to be responsive 12 to his numerous questions. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037575 13 Q. Had a letter been sent by Mr. Mollenkamp 14 to someone with the company before that 15 meeting took place? 16 A. I think so, yes. I think he had had 17 some initial contact with the company. 18 Oh, yeah, before that meeting, yes, yes. 19 I think there had been several 20 conversations. 21 MR. STEWART: Mark that. 22 (Plaintiffs' Exhibit Number 23 Six was marked for REGIONAL REPORTING SERVICE, INC. 178 1 identification.) 2 Q. And was that -- Let me show you 3 Plaintiffs' Exhibit Six and ask you to 4 tell me if that is in fact the letter 5 that was sent. 6 A. Yes, Exhibit Six. 7 Q. And tell me if you would what response 8 was given or who participated in the 9 response that was given to the gentleman 10 from The Wall Street Journal? 11 A. Principally Bob Kaley. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037576 12 Q. Bob Kaley? 13 A. Yes. 14 Q. Who else participated other than 15 Mr. Kaley? 16 A. I think Adam may have to some extent. 17 But primarily as I recall Bob answered 18 most of the questions or tried to answer 19 most of the questions that the reporter 20 had. 21 Q. What do you recall -- 22 A. I think also -- I'msorry. 23 Q. Go ahead. REGIONAL REPORTING SERVICE, INC. 179 1 A. I think also Alan Faust probably 2 assisted with some of the answers. 3 Q. What do you recall him asking at the 4 meeting? 5 A. Oh, gee. 6 Q. Well, let's take a look at the letter 7 dated -- You see the letter to 8 Mr. Cahill dated June 16th, 1998. Is 9 this the letter that was sent before 10 that meeting? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037577 11 A. I think so, yes. 12 (A break was taken.) 13 (Mr. Taylor Stewart entered 14 the deposition proceedings.) 15 Q. You were telling us what the parties who 16 participated -- I think it was Bob 17 Kaley, Alan Faust and Adam Peck 18 participated in talking to -- You were 19 telling me about discussions y'all had 20 with Mr. Mollenkamp. 21 A. Mollenkamp, I believe. 22 Q. He had asked some questions. Do you 23 remember who asked the questions about REGIONAL REPORTING SERVICE, INC. 180 1 the 1950 documents related to the 2 Aroclor workers? 3 A. No. 4 Q. Or the workers that were affected by 5 Aroclors? 6 A. No, I don't. 7 Q. Do you remember what the response was to 8 that? 9 A. No. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037578 10 Q. There is a memo that he refers to that 11 indicates there is acknowledgement of 12 the health hazard and the toxicity of 13 the chemical PCBs? 14 A. I will just tell you generally I didn't 15 participate in answering any of the 16 questions. I happened to have a working 17 relationship with the reporter because 18 he had covered other clients that I was 19 involved with. I was basically a 20 facilitator, helping to set up the 21 meeting, a conduit for the questions. I 22 didn't participate in any of the 23 questions -- I mean, the answers. REGIONAL REPORTING SERVICE, INC. 181 1 Q. You don't remember anything that 2 Mr. Kaley or Mr. Faust said in response 3 to the questions he was asking? 4 A. No, not specifically. 5 Q. So you don't remember anything that 6 Mr. Kaley said about PCBs? 7 A. Not specifically, no. 8 Q. Did y'all have any discussions before SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037579 9 this meeting took place with the 10 reporter, this group of people that we 11 have referred to? 12 A. I think there were some discussions, 13 trying to get answers to all of his 14 questions. 15 Q. Did you participate -- Did you not 16 participate in those questions -- I 17 mean, discussions? 18 A. I don't think I participated in all of 19 them, probably didn't participate in 20 most of them. 21 Q. What part did you play or what 22 participation did you have? 23 A. Well, as I said, I had learned that REGIONAL REPORTING SERVICE, INC. 182 1 Mr. Mollenkamp was interested in Solutia 2 and was prepared to get in touch with 3 them. So I called Kevin Cahill and told 4 him that I had learned that and that 5 they should expect an inquiry. And then 6 subsequently they did get an inquiry. 7 Q. How did you learn that he was interested SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037580 8 in contacting Solutia? 9 A. He mentioned it to me in a conversation. 10 Q. Mr. Mollenkamp did? 11 A. Yes. 12 Q. What did he say? What did 13 Mr. Mollenkamp say to you? 14 A. Well, we talk occasionally. He had 15 mentioned to me that he was in Anniston 16 and he was working on a story involving 17 Solutia. And I told him that -- He did 18 not know and I told him in the interest 19 of disclosure that I now represented 20 them. And I don't recall exactly, but 21 basically then my role was to help 22 facilitate trying the get his questions 23 answered and that is what he wanted to REGIONAL REPORTING SERVICE, INC. 183 1 do. 2 Q. Did he indicate to you in that 3 conversation -- Mr. Mollenkamp indicate 4 to you in that conversation what his 5 questions were? 6 A. No. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037581 7 Q. Did he indicate to you he was going to 8 send a letter with some questions? 9 A. No, not at that point. That first 10 mention that he made to me was just a 11 general statement in passing that he had 12 been in Anniston and that he was 13 probably going to work on a story 14 involving Solutia. And I asked him when 15 he -- I got the impression at that time 16 that he wasn't quite sure whether he was 17 or not, and I told him that if he should 18 decide to do that, that the company 19 certainly wanted a fac An opportunity to 20 respond, and he assured me that he would 21 give them that opportunity. 22 Q. You have indicated that he has worked 23 with you with other clients. Who are REGIONAL REPORTING SERVICE, INC. 184 1 those clients? 2 A. He did a story about Bruno's, Inc. 3 Q. Is that one of your clients? 4 A. It is. 5 Q. And by the way, what other clients of SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037582 6 that type do you have other than Bruno's 7 and Solutia? Who are some of your other 8 clients? 9 A. I don't know that I'm really in a 10 position -- Some of my clients I have 11 not discussed disclosure with, I mean as 12 far as -- I just wouldn't feel 13 comfortable giving you an answer on all 14 of that unless I ask them -- 15 Q. Do you do any work with the State of 16 Alabama? 17 A. No. 18 Q. Do you do any work with the Alabama 19 Power Company? 20 A. Well, as I said, I just--The story 21 concerning Bruno's, my involvement with 22 it was in The Wall Street Journal. That 23 is pretty much in the public arena. I REGIONAL REPORTING SERVICE, INC. 185 1 just don't know that who I work for is 2 any -- 3 Q. There is no privilege that I know of, 4 Mr. Bradley, that would extend to this SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037583 5 kind of thing. 6 MR. PECK: I think there could be, 7 Donald. 8 Q. I'm not asking you for all of them. I 9 asked you if you do any work for the 10 Alabama Power Company. I believe we are 11 entitled to know that. 12 MR. PECK: Let me just instruct 13 you. If disclosure would 14 affect the proprietary 15 business situation of your 16 client, you can take that up 17 with the Court and you can 18 brief me on it, and we can 19 deal with that. 20 MR. STEWART: I'm not asking for 21 any proprietary information, 22 Mr. Peck. All I'm asking is 23 if he does work presently for REGIONAL REPORTING SERVICE, INC. 186 1 the Alabama Power Company. 2 A. I do represent the power company. 3 Q. Now, you have indicated that SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037584 4 Mr. Mollenkamp indicated he was in 5 Anniston. Did he tell you the nature of 6 his visit there or how he learned about 7 anything? 8 A. No. As I said, all he said was he may 9 be interested in doing a story involving 10 Solutia. 11 Q. Did you later learn what the nature of 12 that story was from Mr. Mollenkamp? 13 A. Generally. 14 Q. When was that that he told you about 15 that? 16 A. Late spring, early summer of'98. 17 Q. And what did he tell you? 18 A. That he was -- I think most of those are 19 contained in this exhibit. Actually I 20 didn't -- He didn't tell me specifically 21 exactly what he was interested in. I 22 believe subsequently we had at least one 23 conversation with him trying to learn REGIONAL REPORTING SERVICE, INC. 187 1 what he wanted. So we had one telephone 2 conversation, I think Kevin Cahill and SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037585 3 Mollenkamp and I. 4 Q. And what was the substance of that 5 conversation? What did he say to you, 6 and what did you say to him? 7 A. I don't recall exactly. We had trouble 8 getting the parties hooked up. I was -- 9 I think I was on vacation, and everybody 10 had trouble hooking up. He was supposed 11 to call at a certain time, and he 12 didn't. Generally he was interested in 13 the remediation effort around the 14 facility. 15 Q. Had to do with PCBs? 16 A. I don't know that he mentioned PCBs. My 17 recollection, he was very interested in 18 the extent to which the company had gone 19 in the remediation efforts. That is my 20 recollection of what he told me 21 initially. 22 Q. Well, it appears -- This is June 16th, 23 1998, the letter he wrote to Mr. Cahill. REGIONAL REPORTING SERVICE, INC. 188 1 Was that after that conversation he had SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037586 2 with you and Mr. Cahill? 3 A. I think it was. 4 Q. It appears that PCBs are the subject of 5 that article. It talks about Aroclors 6 -- but you understand of course that is 7 PCBs -- health hazards, toxicity of the 8 Aroclors. 9 MR. PECK: He is having reference 10 to Aroclors there. 11 Q. Do you understand that to be PCBs? 12 A. I don't have any understanding of any of 13 the technical issues involving any of 14 these questions. All I did was act as a 15 facilitator. 16 Q. You were acting as a facilitator for 17 Mr. Mollenkamp to get there? 18 A. Right. 19 Q. Did you learn at some time that Aroclors 20 do designate or are a term that was used 21 by Monsanto to mean -- 22 A. I don't have any idea. 23 Q. Is it your statement here today that you REGIONAL REPORTING SERVICE, INC. 189 SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037587 1 didn't have any idea at the time that he 2 was talking about the remediation that 3 it dealt with PCBs? 4 MR. PECK: What time? 5 MR. STEWART: During the meeting. 6 MR. PECK: During the meeting? 7 MR. STEWART: Yes. 8 MR. PECK: Well, you have talked 9 and a phone call and three or 10 four discussions. It could 11 be confusing. 12 Q. I'm talking about the meeting. 13 A. The meeting at the plant? 14 Q. Right. 15 A. I will have to go back and look at 16 exactly when that meeting took place. 17 He indicates it is Monday, I see in this 18 letter. 19 Q. It would be after June 16th? 20 A. So it would be prior to that, and I was 21 generally aware that obviously the 22 remediation efforts surrounding the 23 plant encompassed PCB issues, REGIONAL REPORTING SERVICE, INC. 190 SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037588 1 environmental issues. 2 Q. So you did understand at the time y'all 3 sat down and y'all met at the plant site 4 that PCB and toxicity and health hazards 5 were a part of what y'all were going to 6 be talking about? 7 A. I knew he had a number of questions 8 related to that issue. 9 Q. You were telling us, Mr. Bradley, that 10 y'all had a meeting before that time. 11 Who all was in that meeting prior to the 12 time he came to the plant site? Were 13 y'all at the plant site? 14 A. I think it was by telephone. 15 Q. Who all was involved in that telephone 16 conversation? 17 A. You know, again, I didn't participate in 18 any meeting concerning the specific 19 answers to those questions. 20 Q. I'm talking about you indicated y'all 21 had some kind of preparatory telephone 22 conversation -- 23 A. I think that had to do -- Again, it was REGIONAL REPORTING SERVICE, INC. 191 SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037589 1 very difficult for Mr. Mollenkamp to 2 tell us specifically what he wanted to 3 know. 4 Q. Who all was involved in the conversation 5 is all I asked. 6 A. I think Kevin Cahill, myself, Bob Kaley, 7 and I don't recall if anybody else was 8 involved. And I don't know -- I don't 9 know specifically if it was one or more 10 of them. But the gist of my involvement 11 in them was trying to help get to a 12 point where they knew what he wanted. 13 Q. What did Mr. Kaley say during that 14 conversation? 15 A. Mr. Cahill? 16 Q. No, Mr. Kaley. You said he was 17 involved. 18 A. It was nothing about the technical 19 issues. He was trying to get prepared 20 to answer the questions, and we were 21 trying to get Mollenkamp to tell us what 22 he wanted answered. 23 Q. So you hadn't gotten this letter at the REGIONAL REPORTING SERVICE, INC. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037590 192 1 time those telephone conversations took 2 place in June of '98? 3 A. I don't know. I just don't remember. 4 Q. And what did Mr. Cahill say during that 5 telephone conversation? 6 A. I don't know. 7 Q. Was there a concern expressed by 8 Mr. Cahill or anybody else at Solutia at 9 that point about a story getting into 10 The Wall Street Journal? 11 A. Well, I know that they wanted to be sure 12 that if a story ran that the company had 13 an adequate opportunity to respond to 14 questions. 15 Q. And in the responses to the questions 16 that were given, was that in that 17 meeting at the plant? 18 A. Yes. 19 Q. Do you recall generally -- and then I'll 20 ask you about specifics -- what 21 Mr. Kaley said in summary about 22 remediation or the toxicity of PCBs or 23 the effects on human health? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037591 REGIONAL REPORTING SERVICE, INC. 193 1 A. No, I don't other than I guess the gist 2 of it would be that he tried his best to 3 respond to each of those questions. 4 Mr. Mollenkamp would produce a document. 5 Mr. Kaley would try to respond to that 6 or he would ask a question. I don't 7 have any idea what those documents were. 8 My recollection is they just tried to 9 answer each question. 10 Q. Well, these appear tobe historical 11 documents and indicate early on 12 recognition of the problem of PCBs by 13 Monsanto, which is a predecessor 14 corporation of Solutia or from which 15 Solutia spun off. Do you not remember 16 anything that Dr. Kaley said in response 17 to those documents? 18 A. No. 19 MR. PECK: Object to the form. 20 A. No, I don't. 21 Q. What about Mr. Faust? He was there 22 apparently for remediation. What did he 23 tell Mr. Mollenkamp? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037592 REGIONAL REPORTING SERVICE, INC. 194 1 A. I don't remember. 2 Q. Do you remember what Mr. Peck said to 3 Mr. Mollenkamp? 4 A. No. 5 Q. So it is your testimony here today that 6 you don't remember one single solitary 7 thing that anyone -- 8 A. I don't remember specifics. 9 Q. Do you remember any generalities? 10 A. Those were very technical questions 11 really and very technical answers, and I 12 just don't remember them. I did not 13 make any notes. I have little interest 14 in that, frankly, and I just don't 15 recall. 16 Q. Was the conversation recorded? 17 A. I don't recall. 18 Q. Could it have been? 19 A. Sure, possibly. 20 Q. By whom? 21 A. I don't know. 22 Q. By Mr. Mollenkamp? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037593 23 A. Possibly. REGIONAL REPORTING SERVICE, INC. 195 1 Q. Did someone from Monsanto record that? 2 A. I don't recall. 3 MR. PECK: So we don't have to 4 deal with that, I can tell 5 you no one from Monsanto 6 recorded that, or Solutia. 7 Q. Mr. Bradley, have you told us all you 8 recall about that meeting? 9 A. Basically, yeah. 10 Q. Did you have any later conversations 11 with Mr. Mollenkamp? 12 A. I did. 13 Q. When? 14 A. Oh, subsequent to that. He had some 15 other questions, some follow-up 16 questions, and I think he mentioned at 17 that meeting that he would like to go 18 back and he would probably have some 19 follow-up questions. And we encouraged 20 him to let us know what those were, and 21 then he sent those -- He either -- I SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037594 22 don't know whether he sent them or not, 23 but we had a second meeting to try -- REGIONAL REPORTING SERVICE, INC. 196 1 Q. Was that in Atlanta at the airport? 2 A. Yes. 3 Q. Were the people who were present at that 4 meeting you and Michael Kelly, Robert 5 Kaley, Thomas Bistline, and Kevin 6 Cahill? 7 A. Bistline was not present. 8 Q. Who else was there? 9 A. Mr. Peck, myself, Kevin Cahill, Kaley, 10 and Carrick Mollenkamp as I recall. 11 Q. That is all that was present at that 12 meeting? 13 A. As I recall. 14 Q. What was said at that meeting by those 15 people? 16 A. I couldn't tell you specifically. There 17 were follow-up questions that Mollenkamp 18 had, again very similar to the first 19 meeting. "Here is a document. Doesn't 20 this say this? What isyour response?" SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037595 21 Q. Did you have any other conversations 22 with Mr. Mollenkamp? 23 A. Yes. I have had a number of REGIONAL REPORTING SERVICE, INC. 197 1 conversations with him, not necessarily 2 about Solutia. 3 Q. Have you had any other conversations 4 with him since that June, I believe, 28 5 meeting in 1998 about -- 6 A. I think he -- 7 Q. -- the article or -- 8 A. Yeah, he requested a map of the facility 9 or -- 10 Q. Did he request that through you? 11 A. Yes. And Bob Kaley either sent it 12 directly to him or sent it to me and I 13 sent it to him. 14 Q. Did you understand that to be a map of 15 the facility? 16 A. It was a map or maps of the facility and 17 the surrounding area. 18 Q. And what was on the map if you recall? 19 A. I don't recall. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037596 20 Q. Do you recall generally what was said by 21 the people who were there about PCBs to 22 Mr. Mollenkamp? 23 A. No, I don't. REGIONAL REPORTING SERVICE, INC. 198 1 Q. What other conversations have you had -- 2 when you said he requested a map, have 3 you had any other conversations with him 4 about the article? 5 A. I think after those initial two 6 meetings, supplying the maps, I don't 7 recall that there was -- I don't recall 8 anything else on that specific story. I 9 did ask him, would ask him occasionally 10 if the story was going to appear. And 11 it was delayed and delayed and at this 12 point has not appeared. 13 Q. Why is it that you understand from your 14 conversations that the story has not 15 appeared? 16 A. He didn't share that with me. I have no 17 idea. 18 Q. What information do you recall gaining SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037597 19 from Kaley, Cahill, or Mr. Peck about 20 anything that he had asked? I mean, you 21 don't remember? Is that your testimony 22 here today? 23 A. I just -- Strange as it may seem to you, REGIONAL REPORTING SERVICE, INC. 199 1 this technical stuff like that, I don't 2 have a lot of interest in. I remember 3 listening to it. I know that Bob and 4 others felt very strongly that the 5 scientific body of evidence indicated 6 there was no harmful effect to human 7 health and that generally that was the 8 response. There were a number of 9 specific questions about very technical 10 matters that I couldn't give you a clue 11 about. 12 Q. When did -- How did they respond, if you 13 recall, to his question of when did 14 Monsanto learn of thepotential health 15 hazards of PCBs? How did they respond 16 to that question? 17 MR. PECK: Object to the form. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037598 18 A. I don't recall. 19 Q. What is your understanding of when they 20 understood that there were some 21 potential health hazards and health 22 effects of PCBs? 23 MR. PECK: Object to the form, no REGIONAL REPORTING SERVICE, INC. 200 1 foundation. 2 A. I couldn't answer that question. 3 Q. What have you been told by Monsanto or 4 Solutia about the health effects of 5 PCBs? 6 A. Basically the gist is what I just told 7 you, that the scientific -- the body of 8 scientific evidence, the weight of that 9 evidence leads them to believe that 10 there is no detrimental effect to human 11 health. 12 Q. What have you been told about those same 13 people -- by the same people, Solutia or 14 Monsanto people, Bob Kaley or Alan Faust 15 or Blake Hamilton or any of them, 16 regarding the characteristics or SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037599 17 properties of PCBs? 18 A. We haven't discussed that. 19 Q. What information have you been provided 20 by those same people, Monsanto or 21 Solutia employees, about how EPA 22 classifies PCBs in terms of 23 carcinogenicity? REGIONAL REPORTING SERVICE, INC. 201 1 A. To my recollection, we haven't discussed 2 that. 3 Q. What is your understanding about why the 4 remediation is going on in that area 5 around the Anniston plant? What 6 understanding do you have of that, and 7 who gave you that understanding? 8 A. I can't tell you who specifically. It 9 is just genetically those associated 10 with the facility and the remediation 11 effort. I think they felt honestly that 12 while they didn't feel, as I said, the 13 scientific evidence would suggest any 14 long-term effects on human health, that 15 there was -- there were nevertheless SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037600 16 concerns in the community about PCBs and 17 that the remediation effort was 18 undertaken to address those concerns. 19 Q. Who told you that? 20 A. I don't know. I can't tell you, as I 21 said. 22 Q. Did Mr. Faust tell you that or Mr. Kaley 23 tell you that? REGIONAL REPORTING SERVICE, INC. 202 1 MR. PECK: Object to the form. 2 A. I've tried to answer that question. 3 Q. So were you ever told how much they were 4 spending on those remediation efforts? 5 A. I may have been, but I don't recall the 6 amount. I know that it was a 7 considerable investment. 8 Q. So it is the millions of dollars, 9 wouldn't it be, Mr. -- 10 A. That was my recollection. 11 Q. And you are aware, are you not, in your 12 position as the public affairs person 13 that they have recently settled a 14 dispute about -- or a lawsuit about PCB SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037601 15 contamination of Lake Logan Martin, are 16 you not? 17 A. Iam aware of that. 18 Q. What part did you play in that 19 particular matter, anything? 20 A. None. 21 Q. Did you ever prepare a press release 22 that had something to do with the 23 settlement? REGIONAL REPORTING SERVICE, INC. 203 1 A. No. 2 Q. Did you ever go to any hearings? 3 A. No. 4 Q. Did you ever participate in any jury 5 consulting work in connection with that? 6 A. No, I did not. 7 MR. PECK: If he had, I wouldn't 8 let him go into it, but he 9 hasn't. 10 THE WITNESS: I'm sorry. 11 Q. Did you -- Do you have an understanding 12 of why they settled for some forty-four 13 million dollars, roughly, that SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037602 14 particular dispute? 15 A. I read about it in the newspaper. 16 Q. Is it your understanding that they did 17 that because they were concerned about 18 community concernsthat had been 19 expressed aboutPCBs? 20 MR. PECK: Object to the form, no 21 foundation. 22 A. You know, I don't have any -- That would 23 be speculation. I don't -- REGIONAL REPORTING SERVICE, INC. 204 1 Q. Did they ever talk to you about that in 2 your position as the public relations 3 person or public affairs person for the 4 Anniston plant? 5 A. No. 6 Q. So it is my understanding then from your 7 statements here today that they never 8 told you that we are settling a case for 9 forty-four million dollars over here on 10 the lake and since you are the public 11 affairs man we might need your help? 12 MR. PECK: I have to know the SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037603 13 answer to that question 14 before I can let him answer. 15 I mean, if his answer is one 16 thing I will let him answer, 17 but if it is another, I think 18 it would be protected. 19 (A break was taken.) 20 MR. STEWART: Put on the record 21 that they had a conference. 22 How long was that, about ten 23 minutes? REGIONAL REPORTING SERVICE, INC. 205 1 Q. Is it your statement that you don't know 2 anything about that particular matter on 3 the lake? 4 A. I was not consulted on that. 5 Q. Were you ever given any understanding as 6 to why Monsanto or Solutia acquired land 7 surrounding that facility up there? Did 8 anybody ever talk to you about that? 9 A. No, other than it was part of the 10 remediation effort. 11 Q. Did anyone ever tell you -- Who told you SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037604 12 that? 13 A. Oh, probably -- Well, you know, 14 speculation again. I don't recall 15 exactly. It was in the initial visit to 16 the plant. 17 Q. Would that have been Alan Faust? 18 A. Well, if you are asking me for 19 specifics, I can't tell you. 20 Q. Did they tell you -- Whoever it was, 21 this mystery person, did they ever tell 22 you how they determined which properties 23 to purchase? REGIONAL REPORTING SERVICE, INC. 206 1 A. No. 2 Q. While conversations were going on 3 between Mr. Mollenkamp -- let me go back 4 to this -- did the issue of 5 falsification of tests run by IBT come 6 up at the meeting? 7 MR. PECK: Object to the form. 8 A. I don't recall. 9 Q. Were you ever told anything about 10 testing that was performed for Monsanto SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037605 11 by IBT in connection with PCBs? 12 MR. PECK: Object to the form. 13 A. I just--1 don't -- I don't recall. 14 Q. Now, you indicated early on that you had 15 contact with Beth Rusert and Christine 16 Beckmann and Kevin Cahill. Did you ever 17 talk to anybody other than those people? 18 Did you ever talk to a Diane Herndon 19 with Solutia? 20 MR. PECK: Monsanto, I think. 21 MR. STEWART: Monsanto. 22 Q. Did you ever talk to her? 23 A. No. Is she with Monsanto? REGIONAL REPORTING SERVICE, INC. 207 1 Q. Yes. 2 A. No, I don't think so. 3 Q. And you have told us about your visits 4 to the Anniston plant and conversations 5 I believe you had with Blake Hamilton or 6 Alan Faust. Have you told us all of 7 those conversations you ever had with 8 those people? 9 A. Probably not because you haven't asked SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037606 10 me, I don't think. 11 Q. Well, I don't think I had, and I want to 12 make sure that we covered those. Did 13 you talk with them -- You mentioned the 14 article with The Wall Street Journal. 15 Did you talk with them about this 16 Solutia educational initiative? 17 A. Yes. 18 Q. Who all did you talk to about that at 19 the plant? 20 A. Principally Blake Hamilton. I think 21 Alan may have been there, but it was 22 principally Blake. 23 Q. Alan Faust? REGIONAL REPORTING SERVICE, INC. 208 1 A. Uh-huh (indicating yes). 2 Q. And what was the substance of those 3 conversations? First how many did you 4 have, and what was thesubstance of 5 them? 6 A. A number of them. Oh, probably a dozen 7 or more. 8 Q. A dozen or more conversations? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037607 9 A. That would be my guess. 10 Q. When did those start? 11 A. Probably late '98, December or so, 12 January of'99. 13 Q. What did you understand from those first 14 conversations -- was that with 15 Mr. Hamilton? What did you understand 16 the purpose of this program was? 17 A. Are you talking about the education 18 program? 19 Q. Right. 20 A. The education program, to be sure the 21 time frame is right, I had a discussion 22 with Blake during that early time frame 23 generally, as I have said earlier, about REGIONAL REPORTING SERVICE, INC. 209 1 those three areas we were looking into, 2 education, environmental issues, rural 3 health issues. 4 Q. Those were the initiatives or areas you 5 had suggested they get involved in? 6 A. Well, that they look into. Now, the 7 education part of that was only decided SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037608 8 later in '99. And my specific 9 discussions with Blake about the program 10 would have come after that, which would 11 have been February probably. 12 Q. February of'99? 13 A. I think. 14 Q. So you are saying that your initial 15 recommendations were made sometime in 16 '98, but the program was finally-- 17 A. No. We started looking into it in some 18 depth in late '98, early '99. And I 19 think this was a joint consensus 20 decision that the educational initiative 21 offered some possibilities. And that 22 would probably have been in late January 23 or early February of 1999 when education REGIONAL REPORTING SERVICE, INC. 210 1 was -- 2 Q. -- settled on? 3 A. Right. 4 Q. You made the recommendation, though, 5 early in '98 about what y'all thought 6 about the community affairs program? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037609 7 A. No, not -- 8 Q. When was that made? 9 A. We really--We never really completed 10 that assessment-- 11 Q. I'm not talking about the community 12 assessment. Maybe I misspoke when I 13 labeled it. The community affairs 14 recommendation that y'all made came in 15 early '98, or is that -- 16 A. We started looking into those three 17 areas in late '98, early '99. 18 Q. How did you arrive or when did you 19 arrive at the decision that y'all should 20 look into those areas? 21 A. Well, we were asked to come back with, 22 initially, the three -- well, we didn't 23 say three, but areas that this company REGIONAL REPORTING SERVICE, INC. 211 1 needed to consider. 2 Q. Who asked you that? 3 A. Kevin Cahill. And -- 4 Q. Was that in documents you have given to 5 us? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037610 6 A. I think so. You will see the various 7 memoranda that we sent. And we came 8 back and did some work over late '98, 9 early '99 and said basically here is -- 10 here are three areas and here are a 11 whole bunch of programs in each of those 12 areas. 13 Q. All right. You said you finally settled 14 on that, education as one of those, and 15 you talked to Mr. Hamilton about that. 16 Other than Mr. Hamilton, did you talk to 17 anybody else when y'all settled on 18 education? Was he the primary one? 19 A. Yeah. He was certainly a very important 20 part of that because he was the local 21 plant manager there. I also talked to 22 Kevin Cahill, talked with Christy 23 Beckmann -- REGIONAL REPORTING SERVICE, INC. 212 1 Q. Who else? 2 A. -- on that. That would principally be 3 it, substantive discussions about the 4 program. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037611 5 Q. Would it be fair to say that that 6 decision was made basically as a public 7 relations thing? 8 A. Well, I think it would be fair to say it 9 was community relations. 10 Q. Community relations. And that decision 11 was made by those three people, checking 12 of course with whoever they decided on? 13 MR. PECK: Object to the form. 14 A. I don't know who they checked with. 15 Q. Is Solutia and Alabama Technology 16 Program, is that what you mean by the 17 education program, or is that something 18 different? 19 A. Solutia Education Connection. 20 Q. Solutia Education Connection. 21 A. You have that. 22 MR. PECK: You have that document. 23 Q. But does it have to do with computers? REGIONAL REPORTING SERVICE, INC. 213 1 A. Yes. 2 Q. And making contribution to computers? 3 A. That was part of it. It had to do with SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037612 4 our research, our contact, discussions 5 with local educators, with the state 6 department. 7 Q. That you previously talked about? 8 A. Right. And we came back and said that 9 uniformly what they are telling us is 10 they are getting left behind and their 11 kids are getting left behind in 12 proficiency with computers, and if they 13 have additional funds, they have to fix 14 roofs and have to buy supplies. And 15 they wouldn't ordinarily go out and 16 spend twelve hundred dollars for a 17 computer and software, and we kept 18 getting that back from everyone. And 19 Blake Hamilton at the same time was 20 getting that same kind of feedback from 21 people he was talking to. And Solutia 22 had already made some technology 23 donations locally. We felt that was a REGIONAL REPORTING SERVICE, INC. 214 1 need that could be addressed. 2 Q. Now, is it my understanding from your SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037613 3 previous testimony and from testimony 4 you have given a few minutes ago that 5 this had nothing to do with PCBs or the 6 litigation that was ongoing around the 7 Anniston plant? 8 A. It did not as far as I was concerned. 9 Q. I understand as far as you are 10 concerned. But was that concern 11 expressed at any point in time by the 12 people who you had contact with, Kevin 13 Cahill, Blake Hamilton from Solutia? 14 A. This program was not a PCB spin program. 15 This was a community relations program 16 to identify a need in the community. 17 You know the conditions of the Anniston 18 area schools and other schools in rural 19 communities. It was a need that Solutia 20 felt had been identified that it could 21 reasonably help in. 22 Q. Tell me if you would what conversations 23 you had -- at the same time you were REGIONAL REPORTING SERVICE, INC. 215 1 talking to Mr. Hamilton and everyone SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037614 2 about this thing, that you had with Adam 3 Peck or anybody from Lightfoot Franklin 4 about this particular proposal. 5 MR. PECK: Well, there is at least 6 one document on the privilege 7 log which has been protected, 8 and I don't think you are 9 entitled to go into the 10 subject of that conversation. 11 MR. STEWART: I believe he just 12 said it had nothing 13 whatsoever to do with 14 litigation. 15 Q. I'm just asking you if you had 16 conversation with the lawyers. 17 MR. PECK: No. 18 Q. Let me just say, Mr. Bradley, I don't 19 want you to share with us what has been 20 kept from us. Let me just ask you 21 first, did you have conversation with 22 the lawyers about this program? 23 MR. PECK: You can answer that REGIONAL REPORTING SERVICE, INC. 216 SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037615 1 question without disclosing 2 the contents of any 3 communications. 4 A. Yes. 5 Q. Why would you have conversation with 6 lawyers, Mr. Bradley, if this didn't 7 have anything to do with the PCB 8 program? Can you tell me that without 9 disclosing what conversation you had? 10 MR. PECK: I don't think he can. 11 I really don't. 12 MR. STEWART: Are you instructing 13 him not to answer that? 14 MR. PECK: This is very much the 15 subject of an issue that was 16 dealt with yesterday. It is 17 right on point. The judge 18 ruled you couldn't go into 19 this area. And yes, I am. 20 And I can't -- I mean, Don, 21 it is one of those situations 22 where I can't tell you why 23 without disclosing the REGIONAL REPORTING SERVICE, INC. 217 SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037616 1 content of the documents. 2 MR. STEWART: Let me have this 3 marked Plaintiffs' Exhibit 4 Seven. 5 (Plaintiffs' Exhibit Number 6 Seven was marked for 7 identification.) 8 Q. Let me show you Plaintiffs' Exhibit 9 Seven and ask you to tell me if you can 10 what attorney is referred to in that 11 document up there. 12 A. No, I can't. 13 Q. Do you know whether that is outside 14 counsel or inside counsel, have any 15 idea? 16 A. It's not my document. I don't know. 17 Q. That is a document, though, that you 18 were provided, were you not, by someone 19 from Solutia? 20 A. Yes. 21 Q. Who? 22 A. I don't know. 23 Q. Who is the name listed over on the REGIONAL REPORTING SERVICE, INC. 218 SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037617 1 right? 2 A. Oh, Kevin Cahill, I'm sorry. I was 3 looking at the fax number. 4 Q. I understand. There is another name 5 over there, Mr. Bradley. What nameis 6 that? 7 A. Are you talking about mine? I don't see 8 another name. 9 MR. PECK: Kevin Cahill, Steve 10 Bradley, and Solutia. Is 11 your name -- 12 Q. Oh, I just couldn't read that. I'm 13 sorry. I thought it was Barzanni or 14 something. 15 A. It's not written very well, but it is 16 me. 17 Q. Okay. Could I have that document back 18 just a minute? Thisappears to be the 19 fact document that you have previously 20 provided to us, and I guess from looking 21 at it that I saw something on here that 22 didn't appear to be on the document that 23 you had previously provided to me. REGIONAL REPORTING SERVICE, INC. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037618 219 1 Maybe I'm missing something. 2 MR. PECK: What are you saying? 3 MR. STEWART: Well, I have to get 4 my copy of the document that 5 he had previously shown to 6 me. I'm having trouble -- I 7 thought I was real well 8 organized, but I'm having 9 trouble finding it. 10 (Discussion held off record.) 11 A. You are looking for the news releases, I 12 think? 13 Q. No. 14 A. Are you looking for another version of 15 that? 16 Q. Yes. 17 A. That will be with the news releases. 18 MR. PECK: That is what we talked 19 about earlier. That is a 20 draft. 21 MR. STEWART: Well, I had those 22 laid out here. Sol have 23 those, I think. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037619 REGIONAL REPORTING SERVICE, INC. 220 1 MR. PECK: I can make a copy. 2 MR. STEWART: I have that. I 3 mean, that's fine. 4 MR. PECK: Do you want me to make 5 a copy for you? 6 MR. STEWART: No. I have it right 7 here. If what he says is 8 correct, I have it. 9 A. I'm just saying what we are looking for 10 should be with that. 11 MR. PECK: What he is trying to 12 tell you is that is a draft. 13 MR. STEWART: Can you give me a 14 copy of that? 15 MR. PECK: Sure. 16 MR. STEWART: Mark that. 17 (Plaintiffs' Exhibit Number 18 Eight was marked for 19 identification.) 20 Q. This is Exhibit Number Eight and 21 Plaintiffs' Exhibit Number Seven. And I 22 would ask you to tell me if Seven is the 23 first draft of the document. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037620 REGIONAL REPORTING SERVICE, INC. 221 1 A. I don't know if it is the first. It was 2 an earlier draft. 3 Q. And there are some notes here that are 4 not on the final document. Who prepared 5 the draft? 6 A. I do not know. 7 Q. That document Number Seven indicates it 8 was prepared -- Do you think maybe 9 Mr. Cahill prepared it? 10 A. I don't know. It was sent to me by him, 11 but I'd be speculating. 12 Q. Do you know why the notes were left off 13 here? Is that just notes where they 14 were questions y'all were asking? 15 A. I don't know. The notes were just on 16 there when I got it. 17 Q. Let me point out one to you. It is the 18 fourth note down. Was there some 19 determination -- Just read that, and I 20 want to ask you a question about it. 21 A. Okay. 22 Q. Is there some idea on your part or was SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037621 23 it your suggestion just to phase it in REGIONAL REPORTING SERVICE, INC. 222 1 and spend money first in Anniston? 2 A. I think that earlier we did in one of 3 the drafts, one of the earlier working 4 documents where we had suggested that 5 for consideration. 6 Q. Spend money in Anniston? 7 A. Number one this was a statewide program, 8 but that it might be phased in, that it 9 definitely needed to be statewide, but 10 it could -- one alternative would be to 11 address the Anniston area first and then 12 to phase it in in other areas. 13 Q. Okay. 14 A. But we subsequently recommended very 15 strongly that it be a statewide program. 16 Q. Why is that? 17 A. Because Solutia operates in three 18 different places in the state and it was 19 important that it be a statewide program 20 and not just Anniston. 21 Q. It is my understanding of course that-- SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037622 22 Anniston received how much? 23 A. I don't know ultimately what Anniston REGIONAL REPORTING SERVICE, INC. 223 1 will receive, that will depend on 2 requests from educators in each area. 3 Q. There was a statement in this draft that 4 there would be some two hundred and 5 fifty a year, and a hundred and fifty 6 thousand was for the Anniston area and 7 fifty K to Decatur and Foley. 8 A. No. That's the draft. I think you will 9 see also in some other documents that 10 based on the expanded area around each 11 of the three facilities, based on the 12 number of schools -- the final budgeted 13 range really depended on the counties, 14 the number of schools, a strict 15 multiplier times a twelve hundred dollar 16 figure, which is our estimate on the 17 basic cost of a computer. And whatever 18 that produced is what it produced. 19 Q. So you are saying that these figures of 20 a hundred and fifty K to Anniston SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037623 21 changed? 22 A. I don't know what the final numbers are, 23 but, yes, I think that all changed. REGIONAL REPORTING SERVICE, INC. 224 1 Q. Who made the recommendation that that 2 change? 3 A. I don't know. I know that we along 4 with, I think, others felt it should be, 5 again, a statewide program. 6 Q. Who felt it shouldn't? 7 A. I don't think anybody felt it shouldn't. 8 This is just a work in progress. 9 Q. Apparently there was at some point in 10 time someone who felt like -- And I'm 11 guessing it was either Mr. Cahill or 12 whoever prepared this -- 13 A. I think that we may have suggested 14 earlier, because we weremindful of 15 budget considerations, that it be phased 16 in over a period of time. But I think 17 the company felt- 18 Q. Solutia? 19 A. Solutia. And we certainly recommended SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037624 20 that it be a statewide program and done 21 at once. And again, if you will look at 22 some of the material that you have, you 23 will see that it is a strict multiplier REGIONAL REPORTING SERVICE, INC. 225 1 based on the counties selected and the 2 schools in those areas. 3 MR. PECK: I put my document on 4 the table just so you could 5 have them, but that is from 6 my pile. Can I take that 7 back? 8 MR. STEWART: Sure. 9 Q. So the education program that you 10 finally came up with is this Solutia 11 Alabama Technology in the Classroom 12 program? 13 A. Solutia Education Connection, a 14 technology partnership with Alabama 15 schools. 16 Q. Nothing else? There is nothing else 17 that is involved in that program other 18 than what you have already related to SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037625 19 us, placement of computers? 20 A. It is computers, but there is also -- It 21 is also open to -- computers are a key 22 component of it. But it is also open to 23 educators coming back with requests for REGIONAL REPORTING SERVICE, INC. 226 1 other technological assistance. It is 2 not totally limited to computers. It 3 could include at some point a science 4 lab or -- 5 Q. By the way, what is your hourly rate? 6 A. My hourly rate? 7 Q. Yes. 8 A. We do most of our work on a monthly fee 9 basis. 10 Q. So you don't have an hourly rate? 11 A. Yes, we do have an hourly rate. Mind is 12 a hundred and seventy-five dollars per 13 hour. 14 Q. Talking about budgets, do you know what 15 the budget is for the public relations 16 efforts at Solutia? 17 A. Total? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037626 18 Q. Yes. 19 A. No. 20 Q. Do you have any idea about what it is 21 for Alabama? 22 A. No. 23 Q. Do you know what it is for the Anniston REGIONAL REPORTING SERVICE, INC. 227 1 area? 2 A. I don't have any knowledge of that. 3 Q. Are you aware of the budget that you are 4 given to put together this community 5 affairs program? 6 A. I think that generally the budget will 7 be -- Again, you have documentation 8 there that takes the three areas, looks 9 at the total number of schools, 10 multiplies that times the twelve hundred 11 dollar figure, and that gives you a 12 rough idea. But again, that is open and 13 subj ect to the requests that come back 14 from the institutions and other requests 15 that might be made. So I think my 16 direction from Solutia was to identify SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037627 17 areas that might with considered, to 18 recommend one or more of those areas and 19 then to see if the three facilities -- 20 what that might cost. And if it was a 21 reasonable, doable number, then Solutia 22 might consider that. 23 Obviously -- and I don't know what REGIONAL REPORTING SERVICE, INC. 228 1 that point might be where the cost would 2 be prohibitive. But it is driven by -- 3 And I want you to understand, it is 4 driven by the determination of the 5 counties surrounding each facility and 6 how many schools are in those counties. 7 Q. So the way y'all selected those counties 8 is they just had to be counties around 9 the facility? 10 A. Well, there are counties around each 11 facility. In Foley's case it is Baldwin 12 county because that is such a large land 13 mass county. In others, there are 14 counties immediately around the facility 15 where workers come from, where they SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037628 16 live, where their families live. 17 Q. Is that how y'all happened to settle on 18 St. Clair, Talladega, and Calhoun County 19 around the Anniston plant? 20 A. That was one of the criteria, yes. 21 MR. PECK: Cleburne was included 22 too. 23 Q. Was Cleburne included too? REGIONAL REPORTING SERVICE, INC. 229 1 A. Yes. Cleburne was included too. 2 Q. Tell me if you would, Mr. Bradley, why 3 those counties were chosen around the 4 Anniston plant, because the workers came 5 from there? 6 A. Well, that was one reason, and also 7 those counties were where some of the 8 community relations programs would be 9 implemented. And it is where the 10 relationships to make those programs 11 successful would have to be developed. 12 And community relations is really all 13 about relationships. So those areas 14 were identified. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037629 15 Q. St. Clair, Talladega, Cleburne, and 16 Calhoun? 17 A. Yes. 18 Q. And the particular reason for Cleburne 19 County? 20 A. That was added because I believe there 21 were several employees and families 22 living in Cleburne County. 23 Q. And the program in Decatur, where does REGIONAL REPORTING SERVICE, INC. 230 1 that apply, just Morgan? 2 A. No. It is Morgan, Limestone, and 3 Lawrence counties. 4 Q. Now, this program had not existed 5 before; is that correct? 6 A. That's correct. 7 Q. And the changes that were made are 8 pretty well reflected in the documents 9 that you -- It was first suggested as a 10 program for Anniston first and then to 11 be phased in? Were those the basic 12 changes? 13 A. That was an alternative. Another SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037630 14 alternative that was ultimately selected 15 was to implement at one time statewide. 16 Q. Who are CAP members? 17 A. Oh, that's -- Well, I was going to say 18 -- I'm not really sure. I'd hate to 19 guess and be wrong. 20 MR. PECK: If you know. 21 A. I really-- 22 Q. Could you find out for me and let me 23 know? REGIONAL REPORTING SERVICE, INC. 231 1 A. Yeah. 2 MR. PECK: If you want me -- It is 3 community advisory panel. 4 Q. Do you have a community advisory panel 5 in the Anniston area? 6 A. No. 7 Q. Did y'all ever put one together at all? 8 A. Not at that point. 9 Q. Do you plan to? 10 A. I don't know what the plans are. 11 Q. Were any elected officials involved in 12 Anniston in particular in putting this SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037631 13 together? 14 A. In the program, the education program? 15 Q. Yes. 16 A. Blake I believe had consulted with 17 Barbara Boyd, but not necessarily as an 18 elected official but as a community 19 leader, also with Dave Thomas. 20 Q. Who the Dave Thomas? 21 A. He is a House member from St. Clair 22 County. He was very interested in 23 educational issues and who Blake had REGIONAL REPORTING SERVICE, INC. 232 1 visited with in the community there. 2 Q. Tell me if you would who is the author 3 of -- If you will look at the note on 4 Plaintiffs' Seven, who is the author of 5 that sentence or phrase there, ability 6 to creditably call it a statewide 7 program? It says ability to have prompt 8 impact in all areas around Anniston and 9 ability to creditably call it a 10 statewide program. 11 A. I don't know. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037632 12 Q. Do you know what that means or have any 13 idea what that means? 14 A. No. 15 Q. Have you told us -- Am I to understand 16 now that this is the sum and substance 17 of the community relations program and 18 what you have done for Monsanto, or are 19 there other things you have done? 20 A. No. This is basically the program to 21 this point. 22 Q. Now, do you ever have -- have you ever 23 had any conversations with a Jonathan REGIONAL REPORTING SERVICE, INC. 233 1 Lifland? 2 A. I have had some very brief conversations 3 with Jonathan. 4 Q. When did you have those conversations 5 with Mr. Lifland? 6 A. I saw him at a court hearing, jury 7 selection hearing, and just introduced 8 myself. I had talked to him on the 9 phone, not in regard to Solutia. 10 Q. Did you ever talk to him about an SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037633 11 article that he put in the paper in 12 connection with Monsanto and -- 13 A. Solutia. 14 Q. -- Solutia and the PCB problem? 15 A. I don't believe I have ever either 16 answered a media inquiry from 17 Mr. Lifland or participated in one. 18 Q. What do you know about any contact that 19 was made by public relations people with 20 Mr. Lifland about an article he wrote 21 recently about PCBs? 22 A. I know that contact was made, and I 23 think that Kevin Cahill had gotten in REGIONAL REPORTING SERVICE, INC. 234 1 touch with him, and I think they had a 2 subsequent conversation at the plant. 3 Q. What was the nature of that contact? 4 A. I don't know. I was not there. 5 Q. Do you know if any documents were given 6 to him in connection with that? 7 A. No, I don't. 8 Q. Have you ever had any contact with a 9 Dr. Kimbrough, Renee Kimbrough? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037634 10 MR. PECK: Renate. 11 A. Who is she with? 12 Q. She is an expert that has been hired by 13 Monsanto in this case. 14 A. I don't think so. 15 Q. Have you ever had any contacts with 16 Brian Hughes? 17 A. I don't think so. 18 Q. Have you ever had any contact with 19 Elizabeth Pazullo about the work you are 20 doing? 21 MR. PECK: For Solutia? 22 A. Not that I recall. 23 Q. Have you ever had any sit-down meetings REGIONAL REPORTING SERVICE, INC. 235 1 with Brandy other than what you have 2 told us about? 3 A. Brandy Ayers? 4 Q. Yes. 5 A. I haven't talked to Brandy Ayers about 6 Solutia at all. 7 Q. Are you aware of any work that 8 Dr. Kimbrough performed for Solutia? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037635 9 A. No, not that I can recall. 10 Q. Have you ever had any conversations with 11 reporters about her work? 12 A. I don't really even know who she is. 13 Q. You have mentioned the assessment that 14 you did in Anniston. Have you ever done 15 any in Decatur or Foley? 16 A. Well, I mentioned the assessment that we 17 started but did not complete. 18 Q. Have you ever done any in Decatur or 19 Foley? 20 A. The assessment that was started in 21 Anniston was meant to be statewide, so 22 we did that very brief initial work and 23 then did no work. The program didn't REGIONAL REPORTING SERVICE, INC. 236 1 continue, so the answer is we didn't 2 continue in either Decatur or Foley. 3 Q. Have you ever participated in any 4 conversations with ADEM or EPA in 5 connection with your work for Solutia? 6 A. Uh-uh (indicating no). 7 MR. PECK: That was a no? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037636 8 THE WITNESS: No. I'm sorry. 9 (Plaintiffs' Exhibit Number 10 Nine was marked for 11 identification.) 12 Q. Let me show you this article right here 13 that appeared in the Tuesday, March 11, 14 issue of The Anniston Star. 15 A. Yeah. I remember seeing this. 16 Q. Who gave that to you, if you recall? 17 A. We get a copy of The Anniston Star. 18 Q. Did you have anything do with the 19 placement of that article in The Star? 20 A. No. 21 Q. Do you know who did? 22 A. No. It says staff wire reports. 23 Q. Do you have any idea about who did that? REGIONAL REPORTING SERVICE, INC. 237 1 A. No. 2 Q. Is that your only knowledge about that 3 particular matter, Mr. Bradley? 4 A. The particular matter being the 5 placement of the story or the study 6 itself? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037637 7 Q. The study itself. 8 A. I knew of the study prior to that. 9 Q. How did you acquire your information 10 about the study prior to that? 11 A. I think I read about it in The Wall 12 Street Journal or it was some national 13 publication, I think. 14 Q. Did anybody talk to you about that study 15 from Solutia? 16 A. No. 17 Q. Did you ever haveany conversation with 18 Blake Hamilton, Dr. Kaley, any of 19 those -- 20 A. I think it has been mentioned. 21 Q. By whom? 22 A. I believe I brought it up once but just 23 in kind of passing, that I had seen that REGIONAL REPORTING SERVICE, INC. 238 1 in some local or national media here. 2 Q. Local or national media? 3 A. Yeah. I read it here in some 4 publication that I get. I don't 5 remember where. It may have been The SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037638 6 Wall Street Journal, may have been The 7 Birmingham News, may have been something 8 else. 9 Q. Did you not have a conversation with 10 Kevin Cahill about an article called 11 Hidden in the Soil that was written by 12 Jonathan Lifland? 13 A. I think I did after the article came 14 out. 15 MR. STEWART: How about marking 16 that. 17 A. They were -- Excuse me. 18 (Plaintiffs' Exhibit Number 19 Ten was marked for 20 identification.) 21 Q. Tell me if you would, Mr. Bradley, how 22 you acquired that article. 23 A. Well, this appears to be a fax from REGIONAL REPORTING SERVICE, INC. 239 1 Anniston. I think -- Blake Hamilton 2 tries to fax articles to me on a regular 3 basis, and that came from Blake 4 Hamilton. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037639 5 Q. Is it not a fact that you saw that 6 article sometime before -- 7 A. I could have. I don't know. When did 8 the article appear? 9 Q. -- or had some knowledge that the 10 article was going to appear before it 11 appeared? 12 MR. PECK: Wait until he finishes 13 his question. 14 Q. Is that not a fact? 15 A. Did I have some knowledge that the 16 article was going to appear-- 17 Q. That Jonathan Lifland was going to write 18 the article. 19 A. Jonathan Lifland didn't talk to me about 20 it. 21 Q. Did you not have some kind of 22 conversation with Mr. Cahill about that 23 article? REGIONAL REPORTING SERVICE, INC. 240 1 A. I could have. 2 Q. And was that not before the article 3 appeared? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037640 4 A. Oh, Kevin Cahill called me. I was en 5 route to somewhere, Montgomery, I 6 believe. Kevin had had an inquiry, I 7 think from Jonathan Lifland and asked 8 that I call -- my office called me in 9 the car. I called him, but he didn't 10 get back to me or if he did we -- The 11 conversation broke up because of cell 12 problems or something. But I do 13 remember that he had gotten a call, and 14 I think by the time we were able to talk 15 on a decent phone he had already 16 responded to it. 17 Q. Didn't Mr. Cahill indicate to you at 18 some point in time that there were some 19 documents that he gave to Mr. Lifland in 20 connection with this article? 21 MR. PECK: Object to the form. 22 A. I don't specifically recall that. 23 Q. All right. REGIONAL REPORTING SERVICE, INC. 241 1 A. I think the call I got was about this -- 2 the inquiry he had had about this SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037641 3 article. 4 Q. Well, the inquiry would have been from 5 Mr. Lifland for some information? 6 A. Right. He had had an inquiry from 7 Lifland. 8 Q. And the information was about studies 9 and things y'all were aware of, was it 10 not, Mr. Bradley? 11 MR. PECK: Object to the form. 12 A. I don't know. I don't know what. I 13 just knew he had an inquiry. I tried to 14 get back to Mr. Cahill. By the time I 15 did I think he had already responded. 16 Q. Did he tell you what he had responded? 17 A. No. He didn't go into a lot of detail. 18 I think I was then in the car coming 19 back from Montgomery. 20 Q. Tell me if you would how you happened to 21 have this document. 22 (Plaintiffs' Exhibit Number 23 Eleven was marked for REGIONAL REPORTING SERVICE, INC. 242 1 identification.) SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037642 2 A. I think I got that from the plant. I 3 think Blake Hamilton sent me a copy of 4 it. 5 Q. When in relation to the date of the 6 letter did you get it? 7 A. Oh, goodness. It was sometime after 8 that. 9 Q. Did Mr. Hamilton tell you where he got 10 it? 11 A. I believe that this -- No. It could 12 have -- I mean -- I think, as I recall, 13 the world was copied on this thing. 14 Q. The world was copied on it? 15 A. The Wall Street Journal, The Birmingham 16 News, The Anniston Star, New York Times, 17 EPA Region IV, Shelby, Sessions, Riley, 18 Siegleman, Pryor, Sierra Club -- 19 Q. All I asked you, Mr. Bradley, was did he 20 tell you where he got it. 21 A. If he did, I don't remember, but I 22 believe I got it from Blake Hamilton. 23 Q. Did you have any discussions at all with REGIONAL REPORTING SERVICE, INC. 243 SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037643 1 him about that? 2 A. I think I did and -- 3 Q. And what was the nature of your 4 discussions about that? 5 A. I think I discussed it at some point 6 with Blake Hamilton and with Alan Faust. 7 Q. What was said, Mr. Bradley, is what I 8 asked you. 9 A. Well, I'm trying to respond to your 10 question. 11 Q. I'm asking you what was said. 12 A. My conversation -- I'm trying to 13 remember -- I believe had to do with 14 determining who David Baker was. 15 Q. What else was said? 16 A. I believe that -- Gosh, I don't recall 17 specifically. We didn't spend a lot of 18 time on it. I think at the time I had a 19 discussion I didn't have a copy of it. 20 I just knew there had been a letter. I 21 believe I was asked if I knew this 22 individual or knew who he was. 23 Q. Knew who David Baker was? REGIONAL REPORTING SERVICE, INC. 244 SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037644 1 A. Yes. And I didn't. 2 Q. Did you ever have any contact with David 3 Baker? 4 A. No. 5 Q. Do you know if any of the people from 6 Solutia, Blake Hamilton or Alan Faust, 7 had any contact with David Baker? 8 A. I don't know. 9 Q. Do you know if any representative who 10 represented Monsanto had any contact 11 with David Baker? 12 A. I don't know. 13 Q. What if anything have you done in 14 responding to this letter that Mr. David 15 Baker wrote to EPA? 16 A. None. 17 Q. What steps do you know that Monsanto has 18 done about that, Mr. Bradley? 19 A. I know that -- since it was sent to EPA, 20 I know that there was some contact made 21 at EPA to be sure that EPA was aware of 22 Monsanto's response. 23 MR. PECK: Solutia? REGIONAL REPORTING SERVICE, INC. 245 SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037645 1 A. Solutia's response. 2 Q. Who made that contact? 3 A. I believe Solutia's Washington 4 representative. 5 Q. Who is that? 6 A. If someone mentioned his name, I could 7 tell you, but I can't think of it. It 8 may come to me in a minute. It is their 9 governmental affairs representative in 10 Washington, I believe. 11 Q. Is it a lobbyist on payroll? 12 A. Yeah, I believe it is. I have never met 13 him. I believe he is an employee of the 14 company, and he represents Solutia in 15 Washington and deals with congressional 16 staffs and regulatory agencies and so 17 forth. 18 Q. Who did he meet with up there if you 19 know? 20 A. I have no idea. 21 Q. Was any contact made by Solutia if you 22 know with the people at EPA at Region 23 IV? REGIONAL REPORTING SERVICE, INC. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037646 246 1 A. I don't know that. 2 Q. Did you have any participation in any 3 part of that? 4 A. No. 5 Q. Tell me if you would what participation 6 you had in the Mars Hill settlement. 7 A. Very little. 8 Q. What was that? 9 A. I was asked, when the settlement was 10 finally worked out, to quickly draft a 11 news release settingout the details of 12 the settlement. 13 Q. Is that all you did in connection with 14 that? 15 A. Uh-huh (indicating yes). 16 Q. Did you have any contact-- 17 MR. PECK: You have to say yes. 18 A. Yes. 19 Q. Did you ever have any contact with 20 anybody who was a member of Mars Hill 21 Church? 22 A. No. 23 (Plaintiffs' Exhibit Number SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037647 REGIONAL REPORTING SERVICE, INC. 247 1 Twelve was marked for 2 identification.) 3 Q. Let me show you Plaintiffs' Exhibit 4 Twelve and ask you if in fact this is 5 the document that you prepared. 6 A. I prepared a draft, and that was 7 subsequently changed considerably before 8 it was released. This -- Let me just 9 read it. There would be a subsequent 10 and final I think. I helped -- Some of 11 my language is probably in there, but 12 what I originally suggested was changed 13 considerably before it was released. 14 Q. Tell me if you would if you had any 15 contacts with Mr. Mollenkamp about this. 16 A. I think we did fax him the news release, 17 yes. 18 (Plaintiffs' Exhibit Number 19 Thirteen was marked for 20 identification.) 21 Q. And did you -- Let me show you 22 Plaintiffs' Exhibit Thirteen and ask you 23 if that is the article that appeared in SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037648 REGIONAL REPORTING SERVICE, INC. 248 1 The Wall Street Journal. 2 A. Yes, I think it was. 3 Q. Was that as a result of your contact 4 with Mr. Mollenkamp? 5 A. I think it was. He had asked 6 specifically to be advised if the suit 7 had settled. 8 Q. Who had he asked? 9 A. He had asked me for one. 10 Q. So you called him and told him it had 11 been settled? 12 A. Right, and sent him a copy of the news 13 release. 14 Q. Do you know why the article never 15 appeared about the Anniston -- 16 contamination around the Anniston plant? 17 A. I have no idea. 18 Q. Did you persuade or talk to 19 Mr. Mollenkamp and ask him not to write 20 that article? 21 A. I never asked a reporter not to write an 22 article. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037649 23 Q. Did you say it would be unwise to write REGIONAL REPORTING SERVICE, INC. 249 1 it at any point in time? 2 A. I told him, not in so many words, but 3 the gist I believe, several times, that 4 I felt the company had acted in good 5 faith and tried to respond fully and 6 completely to all of his questions and 7 that I think any logical person, after 8 going through all that, would conclude 9 that there wasn't anything there. He 10 was certainly free to make his own 11 decisions. 12 Q. What other efforts have you made to 13 either plant stories in the newspaper or 14 to assist Solutia in getting out its 15 points of view, Mr. Bradley? What 16 other -- 17 A. We covered all of them, I believe. 18 Q. Do you know a guy named Bolton who 19 writes for The Birmingham News? 20 A. I do. 21 Q. How well do you know him? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037650 22 A. I just know who he is. We have had some 23 dealings in the past. REGIONAL REPORTING SERVICE, INC. 250 1 Q. What are those dealings? What have 2 those dealings been? 3 A. I have not contacted him nor has he 4 contacted me on anything to do with 5 Solutia. Occasionally he -- He is very 6 interested in the issue. And he will 7 write an article, and I will send it to 8 various parties. 9 Q. Do you know if anybody ever contacted 10 Mr. Bolton about an article that he 11 wrote most recently in the paper that he 12 writes for in The Birmingham News? 13 A. No, I don't. 14 Q. Do you know if anybody specifically from 15 Solutia, either Mr. Cahill or anybody 16 else, had a sit-down meeting with 17 Mr. Bolton? 18 A. I don't believe that Mr. Cahill has. 19 Q. Has anybody from Solutia had a sit-down 20 meeting with Mr. Bolton? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037651 21 A. Not to my knowledge since I have been 22 working with the company. 23 MR. PECK: If we had had that kind REGIONAL REPORTING SERVICE, INC. 251 1 of meeting with Mr. Bolton, 2 he would not have written 3 that article, I guarantee you 4 that. 5 A. While I think I can help the company, 6 Mr. Bolton is not one of those reporters 7 I can help the company with. 8 Q. Y'all don't get along with each other? 9 A. Well 10 Q. While we are on articles, let me show 11 you something that we'll mark 12 Plaintiffs' Exhibit Fourteen, a document 13 that was in your file. 14 (Plaintiffs' Exhibit Number 15 Fourteen was marked for 16 identification.) 17 A. And I really haven't fully responded to 18 your question. I'd like to complete 19 that. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037652 20 Q. Well, let me let you take a look at that 21 first. I want to ask you some questions 22 about it. And I didn't put that 23 together. Plaintiffs'Exhibit Fourteen REGIONAL REPORTING SERVICE, INC. 252 1 was put together apparently by you, a 2 series of documents that were attached 3 to one another when I got them from you. 4 A. I remember the article. 5 Q. All right. And then it appears that 6 this is an article that talks about a 7 group of church members who have a 8 desire to stay in a church facility, the 9 Mars Hill Church facility after the suit 10 was settled-- 11 A. Cih-huh (indicating yes). 12 Q. -- or during the time it was ongoing. 13 And there with was Cassandra Roberts 14 mentioned in the article. This is a fax 15 from you to Kevin Cahill, said, "I had 16 not seen this article when you and I 17 talked yesterday. I'm faxing in case 18 you have not seen it. I will give you a SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037653 19 call tomorrow to discuss it." What 20 were, first, your discussions about 21 where y'all had talked about something 22 that apparently was related to this? 23 A. No. I had just I think been talking to REGIONAL REPORTING SERVICE, INC. 253 1 him about something. I have no idea 2 what. 3 Q. Community affairs? 4 A. Could have been the weather. I have no 5 idea. And I noticed that article after 6 I talked with him. And I faxed it to 7 him and said I didn't mention this when 8 I talked with you -- because part of our 9 responsibility is to keep our clients 10 abreast of things in the media-- and 11 here is it and I will call you to talk 12 about it. 13 Q. Did you call him and talk about it? 14 A. I'm sure I did. 15 Q. What was the substance your 16 conversation? 17 A. The reason that I put that in the memo SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037654 18 was to see if he wanted to discuss 19 whether any kind of contact with the 20 reporter as a follow-up might be 21 necessary. And I believe that the 22 decision was no, that that wasn't 23 necessary. REGIONAL REPORTING SERVICE, INC. 254 1 Q. Did you ever talk -- Could I see that, 2 please, sir? Did you ever talk to 3 Ms. Roberts at all -- 4 A. No. 5 Q. -- Cassandra Roberts? Do you know if 6 anyone from Monsanto or Solutia ever 7 talked to Ms. Roberts? 8 A. I have no idea. 9 Q. Are you familiar with the fact that that 10 group of people that was involved there 11 are still meeting in the church? 12 A. No, I wasn't. 13 Q. Did you ever have anything to do with 14 relations with that part of the 15 community? 16 A. No. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037655 17 Q. Any gifts that were made to them? 18 A. No. 19 Q. Do you have any idea as to what rent 20 they are paying? That is Solutia's 21 property now. Do you have any idea what 22 they are paying? 23 A. No. REGIONAL REPORTING SERVICE, INC. 255 1 Q. Let my ask you if you would to recall 2 the time that you appeared at a hearing 3 in -- or at least -- Well, it was a 4 hearing. Did you make an -- not make an 5 appearance at a hearing or status 6 conference proceeding in connection with 7 litigation? 8 A. I did. 9 Q. Do you remember when that was, 10 Mr. Bradley? Was that time -- 11 A. I think it was the first part of March. 12 Q. Of'98? 13 A. '99. 14 Q. Who had asked you to be there? 15 A. Kevin Cahill. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037656 16 Q. And was that a part of your j ob for 17 community affairs, to be there at that 18 hearing? 19 A. Kevin was supposed to be there to just 20 observe, and he had plane difficulties 21 and couldn't make his connection. 22 Q. So you showed up? 23 A. He asked me to go in his stead and I REGIONAL REPORTING SERVICE, INC. 256 1 did. 2 Q. And you appeared, did you not, also at 3 the day of the trial, the trial date in 4 February? 5 MR. PECK: That was it. That's 6 the only time you have made 7 an appearance. 8 Q. Is that the only time you made an 9 appearance? 10 A. Right. That was the first day 11 supposedly and jury selection. 12 Q. Okay. You appeared at that proceeding? 13 A. I did. 14 Q. Do you have any recollection of SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037657 15 discussions you had about the 16 continuation of that matter with 17 Mr. Cahill after it was continued? 18 A. No, because I left, I think, before--1 19 didn't really know exactly what 20 happened. I left before the whole 21 matter was finally concluded. 22 Q. Did you have any participation in a 23 reactive statement to the mandamus REGIONAL REPORTING SERVICE, INC. 257 1 petition being filed with the Alabama 2 Supreme Court? 3 A. I was aware of it. 4 Q. How were you aware of that? 5 A. I was sent a copy of it. 6 Q. Would that have been sometime in March? 7 A. I'd have to look at it, you know. It is 8 probably shortly after or on whatever 9 the date is. 10 Q. And is that in your documents? 11 A. I'd have to look at it. 12 MR. PECK: To be honest with you, 13 I don't recall seeing that in SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037658 14 there. 15 Q. So you got a copy of the draft media 16 statement for reactive use to the 17 mandamus petition? 18 MR. PECK: I thought you were 19 talking about the actual 20 petition. I'm sorry. 21 Q. Take a look at that, please, and find 22 that for me fairly quickly. I'm trying 23 to get toward the end of this. REGIONAL REPORTING SERVICE, INC. 258 1 MR. PECK: Do you have it? I 2 mean, I don't know what you 3 are talking about. 4 MR. STEWART: I don't know either. 5 Out of all of these 6 documents, I have something 7 that talks about a draft 8 statement -- 9 A. Occasionally I would be asked to give 10 some input into drafting, helping draft 11 statements that might be used if there 12 was a media inquiry. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037659 13 MR. PECK: If there is anything on 14 this subject, it would have 15 been on the privilege log. 16 MR. STEWART: What now? 17 MR. PECK: If there is anything at 18 all on this subject, I think 19 it would -- 20 MR. STEWART: He is talking about 21 a draft media statement that 22 is referred to in this 23 document right here that he REGIONAL REPORTING SERVICE, INC. 259 1 has indicated he helped 2 provide a draft. And I don't 3 recall that being on -- 4 MR. PECK: I don't think any such 5 document exists in his 6 documents. I mean, I have 7 not seen that in his 8 documents. You are right, 9 that is not on the privilege 10 log. I have been through his 11 documents more than once. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037660 12 MR. STEWART: He indicated to me 13 he received a copy of it, in 14 response to the question. We 15 can have her read it back. 16 MR. PECK: I know what he said, 17 Donald, but it is not in 18 these documents. I didn't 19 pull it out. 20 MR. STEWART: I didn't either. 21 That's what I'm asking about. 22 MR. PECK: Let him think about it. 23 I don't know the answer to REGIONAL REPORTING SERVICE, INC. 260 1 that. 2 MR. STEWART: I think he has 3 thought about it. I think he 4 said it was sent to him. 5 MR. PECK: You and I, we need to 6 talk about this. 7 MR. STEWART: Note for the record 8 that they are having a 9 consultation. 10 MR. PECK: When Mr. Bradley said SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037661 11 that he had seen a document 12 dealing with that issue, he 13 was referring to a document 14 that was is on the privilege 15 log. Therefore -- 16 MR. STEWART: Mark that. 17 (Plaintiffs'Exhibit Number 18 Fifteen was marked for 19 identification.) 20 Q. This is Plaintiffs' Exhibit Fifteen. 21 Mr. Bradley, this indicates that Kevin 22 Cahill, I assume -- We have gone through 23 that before, but it is from Kevin REGIONAL REPORTING SERVICE, INC. 261 1 Cahill; is that correct? 2 A. Correct. 3 Q. And this letter does refer to "I have 4 attached a draft media statement for 5 reactive use regarding the mandamus 6 petition with the Alabama Supreme Court. 7 Bistline has reviewed the draft." You 8 received a copy of this Plaintiffs' 9 Exhibit Fifteen, did you not? I mean SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037662 10 that is in your documents, and you got 11 it? 12 A. Yes, I guess. Did this come from his 13 documents? 14 Q. Yes. 15 A. I mean I don't have any other documents 16 Q. Okay. 17 A. Then I got it. 18 Q. And you got a copy of the draft media 19 statement? 20 A. (Witness nods head affirmatively.) 21 MR. PECK: You can tell him that. 22 But that is as far as you are 23 going to go with it. It is REGIONAL REPORTING SERVICE, INC. 262 1 confidential. 2 A. Yes. 3 Q. And you indicated in response to my 4 questions and in connection with -- 5 MR. PECK: If there was any 6 waiver, Donald, it was 7 inadvertent. 8 THE WITNESS: If I had realized SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037663 9 that was a protected 10 document, I certainly would 11 not have responded. 12 MR. PECK: If there was a waiver 13 here, it was completely 14 inadvertent. The document is 15 on the privilege log and has 16 been ruled upon by the judge. 17 MR. STEWART: All I'm trying to 18 find out is which one of 19 those documents -- 20 MR. PECK: The is the 3-1-99 21 document. 22 MR. STEWART: All right. 23 Q. Tell me if you would, Mr. Bradley, other REGIONAL REPORTING SERVICE, INC. 263 1 than that particular matter -- Well, 2 strike that. Let me go to something 3 else. We'll leave it at that. 4 Were you told -- You keep 5 indicating this. Were you told by 6 Solutia about what themes they wanted -- 7 I mean, you talked to us about the SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037664 8 programs you suggested. Were you told 9 about what themes they wanted to follow 10 in this community relations program that 11 you were involved in? 12 A. No, not specifically, and not really 13 generally. I think they -- Again, the 14 purpose of identifying those three major 15 areas that I referred to earlier was to 16 identify what possible programs were out 17 there. And I think Solutia was open to 18 consideration of any of them that they 19 felt might be worthwhile. 20 (Plaintiffs' Exhibit Number 21 Sixteen was marked for 22 identification.) 23 Q. Was environmental stewardship ever a REGIONAL REPORTING SERVICE, INC. 264 1 part of those things? 2 A. Well, as I've said, the environment, 3 environmental programs were one of the 4 areas considered. 5 Q. Have y'all ever made any contributions 6 or ever suggested that Solutia make any SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037665 7 contributions to any environmental -- 8 A. We did in the very early stages of 9 gathering that information suggest there 10 were environmental groups that Solutia 11 might consider sponsoring, being 12 associated with, that were good groups. 13 Q. What were those groups that you 14 suggested? 15 A. I'd have to look at the material. There 16 are a number of groups out there. 17 Legacy is one of them. 18 Q. It is in the material? 19 A. Yes. 20 Q. Did they make a contribution to Legacy? 21 A. I don't think so. 22 Q. Did they make a contribution to any 23 Birmingham environmental group? REGIONAL REPORTING SERVICE, INC. 265 1 A. Not to my knowledge. Now, they may have 2 -- of course this is not in response -- 3 Q. Not through you? 4 A. No. 5 Q. Have you ever participated in any SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037666 6 lobbying activities before you got 7 involved for Monsanto? 8 A. No. 9 MR. PECK: Solutia. 10 Q. Have you ever participated in any for 11 Solutia? 12 A. No. 13 Q. Have you ever had any contact with the 14 Environmental Guidance Group, which is 15 the lobbying group out of Montgomery run 16 by Dave Robertson? 17 A. I have talked to Dave occasionally, not 18 very much. 19 Q. Is that since you have been involved 20 with this -- 21 A. Yes. David is their Montgomery 22 lobbyist, and we have talked a few 23 times, not very much. REGIONAL REPORTING SERVICE, INC. 266 1 Q. When did you first talk to Dave? 2 MR. PECK: Are you saying for 3 Solutia? 4 THE WITNESS: For Solutia. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037667 5 A. Probably shortly after I was retained by 6 Solutia, just to let him know because he 7 is on old friend of mine. 8 Q. And what was the substance of that 9 conversation, just to let him know you 10 were representing them? 11 A. Right. 12 Q. And what was your next conversation with 13 him about, if you recall? 14 A. We really had very few. I probably 15 should have done a better j ob in staying 16 in touch with him, but I just didn't. 17 It would be -- Months would go by before 18 we would have conversation. 19 Q. What was your -- the subject of your 20 next conversation, Mr. Bradley? 21 A. I do not remember other than I kind of 22 volunteered to Kevin that I would try to 23 keep David up to date, and he said no, REGIONAL REPORTING SERVICE, INC. 267 1 he would handle that. 2 Q. So is it your testimony here today that 3 you have not had any subsequent SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037668 4 conversations -- 5 A. I have had a few with David, but I don't 6 have any regularly scheduled 7 conversations. 8 Q. I guess what I'm asking is what you 9 talked about with him since you told him 10 first you were working with Solutia? 11 A. Basically issues in the legislative 12 process that -- or I was just curious to 13 know what issues generally he was 14 interested in. 15 Q. What did he tell you he was interested 16 in? 17 A. I -- Nothing comes to mind. He was not 18 working on anything particularly. I 19 don't recall. 20 Q. You don't recall any issues that you 21 talked about? 22 A. No. As I said, we have had very few 23 conversations about Solutia. REGIONAL REPORTING SERVICE, INC. 268 1 Q. Did you ever discuss tort reform with 2 him? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037669 3 A. Could have. 4 Q. Did you ever discuss tort reform with 5 him when you were wearing the hat that 6 you now wear as a result of working with 7 Solutia? 8 A. I didn't call David Robertson to talk 9 about tort reform. 10 Q. Did you ever talk with anybody else 11 about tort reform in connection with 12 your work for Solutia? 13 A. No, not really. 14 Q. Were you involved in the tort reform 15 issue? 16 A. I have been, yes. 17 Q. Were you involved in the latest 18 legislation that passed that was signed 19 by the governor? 20 A. No. I was asked to be but couldn't be 21 in Montgomery. I had a conflict and 22 just -- I talked to themby telephone, 23 the Civil Justice Reform Committee we REGIONAL REPORTING SERVICE, INC. 269 1 work with. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037670 2 Q. Is that one of your clients? 3 A. It is. 4 Q. And did you ever make any suggestions 5 about capping punitive damages? 6 A. No. 7 Q. Did you ever make any suggestions on 8 behalf of Monsanto or Solutia about 9 capping of punitive damages? 10 A. No. 11 Q. Do you know if Mr. Robertson did? 12 A. I have no idea. 13 Q. While we are talking about lobbying -- 14 Well, before we get to that, I will ask 15 you, did you ever attend any community 16 group meetings in connection with the PR 17 work you were performing for them? 18 A. Community group meetings in Anniston? 19 Q. Yes. 20 A. No. 21 Q. Anywhere else? 22 A. On behalf of Solutia? 23 Q. Right. REGIONAL REPORTING SERVICE, INC. 270 SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037671 1 A. I don't think so. 2 Q. Did you ever assist in drafting letters 3 for any of the Monsanto facilities or 4 Solutia facilities? Did you ever assist 5 in drafting any letter? 6 A. For Solutia? 7 Q. Right. 8 MR. PECK: To anybody? 9 Q. For any of the facilities in connection 10 with anything. 11 A. Letters? 12 Q. Right. 13 A. Like for plant managers? 14 Q. Plant managers or any employee. 15 A. I don't think so. 16 Q. Did you ever -- 17 A. Not to my recollection. 18 Q. Not to your recollection? 19 A. I don't think I have. 20 Q. Did you ever assist in putting together 21 any letters to the editor for Solutia, 22 particularly the Anniston plant? 23 A. No, I don't believe so. REGIONAL REPORTING SERVICE, INC. 271 SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037672 1 Q. Have you ever seen any letters to the 2 editor that someone else assisted or 3 drafted and you just gave your advice or 4 ideas and suggestions? 5 A. No. We haven't done that in regard to 6 Solutia or in Anniston. 7 Q. Your company has not? 8 A. No. 9 Q. Do you know if Mr. Cahill has ever 10 talked to you about that, Mr. Bradley? 11 A. Not that I recall. 12 Q. Have you ever had any contacts with 13 governmental officials in Anniston in 14 connection with Solutia or the work that 15 you have done? 16 A. Other than at the press conference 17 announcing the Education Connection 18 program, Senator Marsh attended and 19 Barbara Boyd attended. And then later 20 on that day Dave Thomas was present when 21 we made several stops at the media in 22 Talladega, Daily Home and Pell City and 23 the St. Clair News Aegis. REGIONAL REPORTING SERVICE, INC. 272 SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037673 1 Q. Did you ever talk to anybody from the 2 county? 3 A. No. 4 Q. Did you ever suggest that Solutia's 5 folks contact county leaders? 6 A. Uh-uh (indicating no). 7 MR. PECK: Is that a no? 8 THE WITNESS: No, sorry. 9 Q. Or city leaders? 10 A. No. 11 Q. Let me ask you, if you would, to take a 12 look at Plaintiffs'Exhibit Sixteen. I 13 want to ask you about a seriesof 14 philanthropic activities. Have you been 15 involved -- Excuse me. 16 A. We did prepare a list of local officials 17 around the three facilities and sent 18 those to each plant, and they were going 19 to get in touch with educators and 20 legislators as a courtesy to let them 21 know about the program in those three 22 areas. 23 Q. The education program? REGIONAL REPORTING SERVICE, INC. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037674 273 1 A. Right. We got those lists together for 2 three plants. We didn't write or draft 3 any letters. 4 Q. Let me show you -- Did y'all suggest 5 other or participate in getting 6 publicity for other philanthropic 7 activities at the Anniston plant? 8 A. We did assist Blake Hamilton. Really 9 Blake's request was for assistance in 10 helping Habitat announce a program there 11 in Anniston. Habitat as I recall was 12 announcing a pretty significant program 13 to replace low income housing over a 14 period of time, and they couldn't get 15 the media to pay attention to them. And 16 Blake asked if we would help the local 17 Habitat person there, and we did that. 18 Q. What did you do in connection with that? 19 A. We called local media, Birmingham -- I 20 say local, two Birmingham newspapers. 21 Q. Who did you call at the newspapers? 22 A. I called at The Birmingham News Glen 23 Stevens, I believe, who is an editor SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037675 REGIONAL REPORTING SERVICE, INC. 274 1 there and subsequently talked with A1 2 Walton, who I believe did go over and 3 cover that story. At the Post Herald 4 they were not able to send anybody. I 5 think I sent them a news release or sent 6 them an advisory. I don't think we had 7 a release. I sent them some material, I 8 think. And then we called three 9 television stations, I think two of 10 which had local offices in -- I mean, in 11 Anniston and asked them if they would 12 cover the events. 13 Q. And did they? 14 A. I think all three did. I believe they 15 did. 16 Q. Did the Habitat story deal with a 17 Habitat house that Monsanto or Solutia 18 had paid for? 19 A. It was a house. I don't know if they 20 provided funds for it. I know that 21 Solutia was going to work on the house 22 or at least one of the houses. 23 Q. Are you aware that they contributed some SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037676 REGIONAL REPORTING SERVICE, INC. 275 1 thirty-five thousand dollars -- 2 A. I knew there was a contribution, but I 3 don't know if it involved that 4 particular house that was the focus of 5 that announcement or not. I knew it was 6 one of the houses in the program. 7 Q. Did you have any idea as to whether or 8 not this was the first time they had 9 participated in Habitat in Anniston? 10 A. It may not have been. I know that they 11 are participating in Habitat and are 12 going to participate in Habitat in the 13 future, because they think it is a good 14 program. There was -- There was another 15 meeting that I was supposed to attend in 16 regard to the Habitat program that I 17 couldn't get to Anniston for. I know 18 they are involved in that. 19 Q. What was that? 20 A. I think it was a visit by the national 21 Habitat founder. 22 Q. And Mr. Hamilton asked you to put the SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037677 23 story together on Habitat? REGIONAL REPORTING SERVICE, INC. 276 1 A. He asked me to help the local Habitat 2 director because he was having trouble 3 getting the media interested in it. 4 Blake was a friend of his and thought it 5 was a good program and asked me to help. 6 Q. Is it your understanding from 7 Mr. Hamilton that Habitat had trouble 8 getting the local media interested in 9 the -- 10 A. The media generally, yeah. 11 Q. What other philanthropic activities have 12 you been involved in? 13 A. For Solutia? 14 Q. Yes. 15 A. I think that wouldprobably be it 16 primarily. 17 Q. Did you have anything to do with the 18 Next Start proposal or contribution? 19 A. That name sounds familiar, but I would 20 have to see. 21 MR. STEWART: Let me just mark SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037678 22 this Plaintiffs' Exhibit 23 Seventeen. REGIONAL REPORTING SERVICE, INC. 277 1 (Plaintiffs' Exhibit Number 2 Seventeen was marked for 3 identification.) 4 Q. Let me ask you if you remember seeing 5 this article and if you were involved in 6 that. 7 A. Yes, I remember that. 8 Q. And what involvement did you have in it? 9 A. Very little. This was an initiative 10 that Blake Hamilton was primarily 11 involved in locally. 12 Q. How is it, if you understand, that there 13 was a decision made to make the 14 contribution to Next Start? 15 A. I'm sorry? What -- 16 Q. How is it, if you know, that there was a 17 decision made by Solutia to make a 18 contribution to Next Start? 19 A. I don't know. I think that it came 20 locally to Blake as the plant manager, SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037679 21 and I think Blake was very supportive of 22 it because it is a good program. 23 Q. Do you know who is chairman of the Next REGIONAL REPORTING SERVICE, INC. 278 1 Start? 2 A. No, I don't. 3 Q. Have you ever been told who the chairman 4 of that group is? 5 A. No. 6 MR. STEWART: Let me mark this 7 Plaintiffs' Exhibit Eighteen. 8 (Plaintiffs' Exhibit Number 9 Eighteen was marked for 10 identification.) 11 Q. Let me show you Plaintiffs' Exhibit 12 Eighteen and ask you if you got that. 13 A. Yes, I did. 14 Q. Would you look down in the middle of the 15 page? 16 A. Okay. 17 Q. And tell me if that refreshes your 18 recollection. 19 A. I was just sent a copy of it. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037680 20 Q. Okay. Could you read for me who the 21 person is - 22 A. You mean who is identified as chairman? 23 Q. Yes. REGIONAL REPORTING SERVICE, INC. 279 1 A. Brandt Ayers. 2 Q. Is he not the editor and publisher of 3 the paper? 4 A. He is. 5 (Plaintiffs' Exhibits Numbers 6 Nineteen and Twenty were 7 marked for identification.) 8 Q. Let me show you Nineteen and Twenty 9 while we are at it and ask you to tell 10 me if you had anything to do with those 11 two contributions and newspaper 12 articles. 13 A. No. I knew about them. 14 Q. How did you know about them? 15 A. Through keeping up with Blake Hamilton 16 and just knew they were supportive of 17 them. 18 Q. And did you have any -- provide any help SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037681 19 or assistance in getting those two 20 articles in the paper? 21 A. No, I didn't. 22 Q. Any ideas for why that was done? 23 A. I assume the paper thought that was a REGIONAL REPORTING SERVICE, INC. 280 1 worthwhile story or photograph -- 2 Q. No. I mean why the contributions were 3 made. 4 A. I think that Blake Hamilton felt it was 5 a worthwhile request and Solutia agreed 6 and made the contribution through Blake. 7 Q. Do you have any idea historically what 8 the budget was for that particular 9 facility -- 10 A. I have no idea. 11 Q. -- before you came aboard on this 12 project for Solutia? 13 A. No. 14 (Plaintiffs'Exhibit Number 15 Twenty-one was marked for 16 identification.) 17 Q. Let me show you Plaintiffs' Exhibit SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037682 18 Twenty-one and ask you if that is not 19 something you have previously referred 20 to in connection with responses to my 21 request? 22 A. Yes. 23 Q. And is that -- REGIONAL REPORTING SERVICE, INC. 281 1 A. One of them. 2 Q. Is that one of the documents that you 3 presented along with -- 4 A. Uh-huh (indicating yes). 5 Q. Having to do with the community affairs 6 program? 7 A. Yes. 8 Q. And that is Plaintiffs' Exhibit -- Can 9 you give me the exhibit number just for 10 the record? 11 A. Twenty-one. 12 Q. That is all I have on that one. Let me 13 show you Plaintiffs' Exhibit Sixteen. 14 It is a little out of order. I'll ask 15 you if you know who put that document 16 together and how that deal was arrived SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037683 17 at. 18 A. Who put the document together, this 19 document? 20 Q. Yes. I mean, you received the document. 21 I guess what I have reference to is the 22 program itself. 23 A. Uh-huh (indicating yes). My REGIONAL REPORTING SERVICE, INC. 282 1 understanding is that Barbara Boyd had 2 suggested to Blake that one area of -- 3 one area of community need was an 4 elderly and infant day care center in 5 that immediate community there. 6 Q. What immediate community are you talking 7 about? 8 A. The area surrounding the plant 9 generally. And she felt that was 10 something that would be worthy of 11 Solutia support that was a community 12 need, and subsequently I was asked if I 13 knew of any knowledgeable individuals 14 who might conduct a feasibility study. 15 I contacted the dean of the business SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037684 16 school at UAB, explained the project, 17 and asked if he could recommend any of 18 his faculty who might have expertise 19 generally in that area, and he 20 recommended these three who are on that 21 letter, Dr. Richardson, Jack Duncan, and 22 Peter Ginter. I talked to Woody 23 Richardson and asked if they would be REGIONAL REPORTING SERVICE, INC. 283 1 interested in conducting a feasibility 2 study, and he said they would and sent a 3 proposal to Blake Hamilton and sent me a 4 copy. 5 Q. Let me ask you. There was an attachment 6 to this document that we will mark 7 Sixteen-A. 8 (Plaintiffs' Exhibit Number 9 Sixteen-A was marked for 10 identification.) 11 Q. It refers to a gentleman named Michael 12 Pierle. I will let you take a look at 13 that. Do you know Mr. Pierle? 14 A. I have heard the name, but I don't know SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037685 15 him. 16 Q. Did you have any conversations with him 17 about this program? 18 A. No, I don't think so. 19 Q. Did you have any conversations with him 20 about -- or with anyone at Monsanto? 21 A. About this program-- 22 Q. Or Solutia, rather. 23 A. About this program? REGIONAL REPORTING SERVICE, INC. 284 1 Q. Yes. 2 A. Yes. 3 Q. Who did you talk to about that program? 4 A. Kevin Cahill, talked with Blake 5 obviously. 6 Q. Blake Hamilton? 7 A. Blake Hamilton. 8 Q. What was the nature your discussions? 9 A. My part of it was mainly to help 10 identify some individuals who could do 11 the feasibility study. 12 Q. Somebody who could do the feasibility 13 study? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037686 14 A. Right. It was more to help -- the 15 request that I had was that we have had 16 this request from a community leader, we 17 need to make a response, but we don't 18 know much about this, what can we do. 19 Our suggestion was a feasibility study 20 to help them identify it. 21 Q. There was a statement made that there 22 would be some twenty-three thousand 23 dollars. Was that money spent? REGIONAL REPORTING SERVICE, INC. 285 1 A. I do not know. After this point I have 2 really not been a part of this. 3 Q. Was that for the feasibility study? 4 A. I'm sorry? 5 Q. Was that for the feasibility study, to 6 make a determination as to whether or 7 not that facility should be built? 8 A. I assume so. That is what it says in 9 the document. 10 Q. When you had the conversation with 11 Mr. Blake Hamilton and Kevin Cahill were 12 y'all talking with each other about it? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037687 13 A. Yes. 14 Q. Was Mr. Pierle ever in the loop, if you 15 recall, now that we have talked about 16 those conversations? 17 A. I never had a conversation with him 18 about it. 19 Q. Did you discuss the document that is 20 attached to -- That was attached to it, 21 and I assume it was attached for a 22 reason. 23 A. I don't know why it would be attached to REGIONAL REPORTING SERVICE, INC. 286 1 it. 2 Q. It was attached. I mean, we did not 3 attach it, Mr. Bradley. It was attached 4 as it came from you. 5 A. And I'm telling you I don't know why 6 other than just -- it may have just been 7 stapled as part of a packet. 8 Q. It had reference, does it not, in memo 9 to this particular -- Is it all right, 10 if I approach, Mr. Peck, since we have 11 only one of these? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037688 12 MR. PECK: I'm looking for it. 13 What is the date? 14 Q. This has a date of 1-21-99. It 15 discusses that particular proposal, does 16 it not? 17 A. I think so, yes. 18 Q. Mr. Pierle's documents, this Sixteen-A 19 does. Did y'all discuss with a David 20 Shepperly -- Who is David Shepperly? Do 21 you know? 22 A. I have no idea. 23 Q. Did y'all discuss any of these ideas in REGIONAL REPORTING SERVICE, INC. 287 1 your discussions or in your suggestions 2 that he has on this memo on Sixteen-A, 3 you and Mr. Cahill and Mr. -- 4 A. Did we discuss -- 5 Q. Michael Pierle's memo. 6 A. No. 7 Q. Do you have any idea what he means by 8 the idea does not hit head on the issue 9 of fear in the community? 10 A. This is his document. I would be SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037689 11 speculating. I think Mr. Peck reminded 12 me this is the way it was in my file. 13 And probably I got a copy of it and 14 attached it because it had to do with 15 this issue. 16 Q. You got a copy of the document from 17 Mr. Pierle because it had to do with the 18 issue -- 19 A. I got a copy from somebody. I have no 20 idea whether it came from him or not. 21 Q. So March 2nd, '99, was when you got this 22 article from -- or this document -- 23 A. Well, actually -- REGIONAL REPORTING SERVICE, INC. 288 1 Q. -- Jack Duncan? 2 A. Well, actually, now that I look at this, 3 the -- This has a 1-21-99 date. 4 Q. I understand it does. And for some 5 reason when we got it from you it was 6 attached to this. I'm just asking you 7 if you all had any conversations about 8 that memo. Did you ever have any 9 conversations further with Barbara Boyd SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037690 10 or anybody about the geriatric facility? 11 A. No. I know I have not, no. 12 Q. Where if you understand was it going to 13 be located? 14 A. I told you, my knowledge is very limited 15 about it. It is basically this. I have 16 not been involved in it at all from that 17 point. I have no idea where the study 18 stands. 19 Q. Now, do you have, based on your work as 20 a community relations person with this 21 particular plant or facility, any idea 22 of what part of the community this was 23 going to be located in? REGIONAL REPORTING SERVICE, INC. 289 1 A. No, I don't have any idea. 2 Q. No idea? 3 A. I really don't. 4 Q. Knowing what you know about Barbara Boyd 5 where would that 1egi siative di strict be 6 in relation to the plant? Would it be 7 around the plant? 8 A. It is fairly close. I'd have to look at SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037691 9 a map, but her district is 10 geographically -- some geographic 11 proximity. 12 Q. The idea doesn't hit head on the issue 13 of fear in the community, that is the 14 first line of this thing by Michael 15 Pierle. When he says fear in the 16 community, did that have anything to do 17 with the litigation or the PCB issue? 18 MR. PECK: Object to the form of 19 the question. 20 A. It is not my document. I don't know. 21 Q. Do you think it might have based on what 22 your knowledge of that situation was up 23 there, Mr. Bradley? REGIONAL REPORTING SERVICE, INC. 290 1 MR. PECK: Object to the form. 2 A. I couldn't speculate on that. 3 Q. Could it be that they were building this 4 geriatric facility up there to allay 5 fears that people had about PCBs in the 6 community, just sort of a little crumb 7 they throw out there, Mr. Bradley? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037692 8 MR. PECK: Object to the form. 9 A. I have no idea. 10 MR. PECK: Let me make my 11 objection. You may need to 12 repeat your answer. 13 A. I wouldn't speculate on that. 14 Q. Have you ever had-15 A. This is not my document. 16 Q. I understand. Have you ever prepared, 17 Mr. Bradley, any speeches other than the 18 one you have talked about? 19 A. No. 20 Q. Ever arranged any tours of the facility? 21 A. Other than for Mr. Mollenkamp. 22 Q. Y'all arranged a tour for him to see 23 that facility? REGIONAL REPORTING SERVICE, INC. 291 1 MR. PECK: Object to the form. 2 Q. When did you do that? 3 A. When he was there. 4 Q. When he was there? 5 A. Right. 6 Q. What parts of the facility did he see? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037693 7 A. He took a tour of the general area 8 around the -- he was inside the 9 facility, asked some questions about the 10 operation of the facility, and then 11 generally took a tour around the 12 facility. 13 Q. Mr. Bradley, did he look at the 14 remediation that was done around the 15 facility? 16 A. He looked at--As I said, he took a 17 ride around the facility. He asked to 18 do that, and we responded. 19 Q. Who all went along on that ride with 20 him, you or -- 21 A. Mr. Faust, myself, and that may have 22 been it. 23 Q. What was the -- REGIONAL REPORTING SERVICE, INC. 292 1 MR. PECK: I was there. 2 Q. What was the substance of the 3 conversations,and did y'all talk about 4 the lawsuit or anything said about that? 5 A. I wasn't conducting the tour. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037694 6 Q. Were you in a car with him? 7 A. I was. 8 Q. And you don't remember anything that was 9 said in that? 10 A. I don't remember specifically a lot. 11 Q. Tell me what you do remember. 12 A. Well, again, this was in response to his 13 request to see the immediate area. And 14 he was taken on a tour-- 15 Q. I'm asking you what was discussed. I 16 know what you did. 17 A. And I'm trying to answer the question. 18 Q. Well, I want you to answer the question, 19 if you would, because I'm getting 20 towards the tail end. And I'm not being 21 argumentative with you, but if you keep 22 telling me -- I understand y'all were in 23 a car and riding around and looking. REGIONAL REPORTING SERVICE, INC. 293 1 Tell me what you said. 2 A. Well, it is my way of answering. I'm 3 sorry. But that is the only way I have. 4 It also helps me remember. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037695 5 Q. Okay. I'm sorry. If that helps you 6 remember. 7 A. Alan generally discussed the remediation 8 program and what had gone on the past 9 several years because Carrick had asked 10 about the program. And some questions 11 were answered I think at the meeting in 12 the conference room about the program, 13 but most of those were very technical in 14 nature. And I think that the ride was 15 just a general fifty cent tour of the 16 area surrounding the plant. 17 Q. What did Alan say about the remediation 18 program? 19 A. I don't recall specifics. 20 Q. What generally did he say about the 21 remediation program? 22 A. That some property had been purchased, 23 that the remediation effort hadgone REGIONAL REPORTING SERVICE, INC. 294 1 forth, they had enclosed a drainage 2 area. We saw the mouth -- not the 3 mouth. Well, I guess it would be -- but SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037696 4 a large concrete-like area where 5 drainage had been safely diverted. 6 That's about all I remember. 7 Q. Did Mr. Peck chime in? Did he offer any 8 suggestions or anyideas? 9 A. I don't recall. 10 Q. You don't remember anything he said 11 during the -- 12 A. I don't think that he -- I think that 13 Mr. Faust did most of the talking 14 because it was his facility and his car 15 and his tour. 16 Q. Was there any statement made about the 17 extent of the work that had been done? 18 MR. PECK: Object to the form. 19 A. Oh, gee, you know, I've told you about 20 all I remember. It was just a -- 21 Q. Did he say anything -- Mr. Faust say 22 anything about what was to be done in 23 the future? REGIONAL REPORTING SERVICE, INC. 295 1 MR. PECK: Object to the form. 2 A. I don't remember. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037697 3 Q. Was litigation mentioned during that 4 ride? 5 MR. PECK: Object to the form. 6 A. No. I think the bulk of it was really 7 just on the remediation efforts 8 generally. 9 Q. Was any statement made by Mr. Faust or 10 Mr. Peck about what was going to be done 11 about property owners whose properties 12 were adjacent to the property? 13 A. Not that I recall. 14 Q. Any test results mentioned? 15 MR. PECK: Object to the form. 16 A. If there were, I don't recall. 17 Q. You mentioned the safety, a safe manner. 18 What would Mr. Faust say about how that 19 water got there in a safe manner? What 20 did he say about that? 21 MR. PECK: Object to the form, 22 mischaracterizes his 23 testimony. REGIONAL REPORTING SERVICE, INC. 296 1 A. My recollection is that the remediation SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037698 2 efforts included containing underground 3 basically runoff and that it was 4 collected and routed in this particular 5 way. 6 Q. Runoff from -- 7 A. From rain. 8 Q. That hit on the landfill, is that what 9 you were talking about, what he was 10 talking about? 11 MR. PECK: Object to the form. 12 A. I think it was generally all over. 13 Q. Wanted to contain rain that hit all over 14 on the property -- 15 A. Look, I'm getting into speculation. I 16 don't recall specifically. I just 17 don't. I'm sorry. 18 Q. Did you ever have any discussion with a 19 gentleman named Jack Mayausky at any 20 point in time? 21 A. Not that I recall. 22 Q. Did you ever have any contact or 23 conversation with Rose Livingston, a REGIONAL REPORTING SERVICE, INC. 297 SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037699 1 reporter for The Birmingham News, TV 2 40 3 A. No. 4 Q. -- anybody at TV 40? 5 A. The only conversation I have had with 6 broadcast reporters has been to try to 7 encourage them to cover the Habitat 8 announcement and to encourage them to 9 cover the announcement of the education 10 program. 11 Q. What about Channel 13, is that the same 12 thing? 13 A. Same thing on both occasions. I was not 14 employed to generate media publicity. 15 Q. You were just employed to come up with 16 this -- 17 A. Basically the community relations 18 program. I have been asked on those two 19 occasions to help, sometimes in 20 anticipation of media inquiries, but my 21 task was not to go out and generate 22 publicity for Solutia. 23 Q. Have you ever assisted or been involved REGIONAL REPORTING SERVICE, INC. 298 SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037700 1 in helping to put together either -- not 2 press releases but papers for contacts 3 of representative's aides in Washington 4 or know anything about it? 5 A. Representatives -- 6 Q. An aide in Washington. 7 A. No, I haven't been involved in that. 8 Q. Are you familiar with anything that has 9 been done in that area? 10 A. No. I'm not specifically. 11 Q. You have already mentioned that you have 12 never contacted ADEM or EPA for Solutia? 13 A. Uh-huh (indicating yes). 14 MR. PECK: Is that 15 A. No, no. 16 Q. To your knowledge has Mr. Robertson ever 17 done that? Have you ever had any 18 discussion -- 19 A. I don't have any knowledge specifically 20 of what he has done for Solutia. 21 Q. Are you familiar with the Alabama Power 22 Company deal where the land swap was 23 made between the power company? REGIONAL REPORTING SERVICE, INC. 299 SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037701 1 A. Vaguely. 2 Q. How did you become familiar with that? 3 A. That was just mentioned to me early on 4 in kind of historical reference. 5 Q. By whom? 6 A. By Solutia people. I think Alan Faust 7 pointed that out to me. I may have 8 asked because I think the substation is 9 located fairly near there. 10 Q. What did Mr. Faust say to you about 11 that, if you recall? 12 A. I think that there had been property 13 that had once belonged to Monsanto where 14 a substation had subsequently -- that 15 the power company had acquired that 16 property. And I may be wrong on some of 17 these facts, and I haven't talked to the 18 company about this and -- 19 Q. When you say the company, you mean the 20 Alabama Power Company? 21 A. Yes. That the company -- the power 22 company acquired that property. The 23 substation was located there. REGIONAL REPORTING SERVICE, INC. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037702 300 1 Subsequently there was some 2 environmental concerns associated with 3 the property and that I believe that 4 property had been transferred back to 5 Solutia. 6 Q. Mr. Bradley, you say you never have 7 talked to the power company. Have you 8 ever talked to anybody at all since 9 you've worked for Solutia about the 10 kinds of things you are doing for them 11 since you had this conversation with the 12 division manager over there about first 13 taking this job? 14 MR. PECK: Object to the form. 15 A. You mean have I talked to anybody? 16 Q. With the power company about the work 17 you are doing for Solutia. 18 A. I will see one of them or one of the 19 power company officials occasionally, 20 and they will ask me if I'm still doing 21 work for Solutia, and I will say yes. 22 That's about it. 23 Q. Have you ever jointly worked on anything SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037703 REGIONAL REPORTING SERVICE, INC. 301 1 with the power company and Solutia in 2 connection with the work you are doing 3 for Solutia? 4 A. No, I have not. 5 Q. Are you aware of any work that is going 6 on in that regard or have any knowledge 7 about it? 8 A. No. I would not discuss one client's 9 issues with another client -- 10 Q. I'm not asking you that. 11 A. -- unless I was asked to do so. 12 Q. I'm asking you if you are aware of any 13 work that is going onin conjunction 14 with those two companies. 15 A. With the power company and Solutia? 16 Q. In relation to the PCB problem at the 17 Anniston plant. 18 MR. PECK: Object to the form. 19 A. I'm not aware of anything now. 20 Q. Was there something that went on at some 21 point in time during the time you have 22 been working for them? 23 A. Other than the substation property, SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037704 REGIONAL REPORTING SERVICE, INC. 302 1 that's the only thing I'm aware of. 2 Q. What if you know was the agreement about 3 that swap?Do you have any idea? 4 A. I don't.I think -- I'm not sure of 5 that. 6 MR. PECK: Object to the form. 7 A. I'm sorry. 8 Q. You can say in your best judgment, 9 Mr. 10 MR. PECK: Let me object to the 11 form of the question. That 12 has been the subject of a lot 13 of depositions of people who 14 have firsthand knowledge. 15 There is no reason to belabor 16 this man who doesn't know 17 anything about it. 18 MR. STEWART: That's a speaking 19 objection, Mr. Peck. 20 MR. PECK: It absolutely is 21 because it is seven ten, and 22 we are talking about SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037705 23 something this man doesn't REGIONAL REPORTING SERVICE, INC. 303 1 know. 2 (Plaintiffs' Exhibit Number 3 Twenty-two was marked for 4 identification.) 5 Q. Let me ask you if you would to take a 6 look at Plaintiffs' Exhibit Twenty-two. 7 And I will ask you to tell me if you 8 know anything at all about this. That 9 was in your file. 10 A. No. I just know it appeared in the 11 paper. 12 Q. Who sent it to you? 13 A. The Solutia plant. 14 Q. Blake Hamilton? 15 A. Or his secretary or someone. It has his 16 fax number on it. It is just routine to 17 send it. 18 Q. Let me show you Plaintiffs' Exhibit -- 19 Have you ever had any discussion with 20 Mr. Hamilton about that? 21 A. If your question is did I have anything SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037706 22 to do with this, the answer is no. 23 Q. Did you have any discussions with REGIONAL REPORTING SERVICE, INC. 304 1 Mr. Hamilton about it? 2 A. He may have mentioned it to me. 3 Q. What did he say to you about it? 4 A. I believe he noted that someone had 5 written a favorable letter. 6 Q. Mr. Hamilton did? 7 A. Yeah. 8 Q. Did he tell you if he knew Mr. Coker? 9 A. I don't recall that he did. 10 (Plaintiffs' Exhibit Number 11 Twenty-three was marked for 12 identification.) 13 Q. Let me show you Plaintiffs' Exhibit 14 Twenty-three and ask you who you got 15 that from. 16 A. Again, from the facility. 17 Q. Who would you think you might have 18 gotten it from from the facility? 19 A. Well, it would come, as I have said, 20 from Blake Hamilton's office. I asked SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037707 21 Blake and Alan Faust to send me 22 articles. Although we get The Anniston 23 Star, we get it a day or two late. REGIONAL REPORTING SERVICE, INC. 305 1 Q. And did y'all have any discussions about 2 Plaintiffs' Exhibit Twenty-three? 3 A. Not that I recall. We may have. Hell, 4 I don't remember. You know, I get all 5 kinds of clippings. I don't know. I 6 don't. 7 Q. Mr. Bradley, I'm sorry. I'm trying to 8 get through with your deposition. All 9 this is just stuff you have handed to 10 me. I'm asking you about it because 11 I've got you here in the deposition. 12 This is of course our only time to get 13 you, and I want to make sure that we 14 cover everything. 15 MR. PECK: Do you want a short 16 break? 17 THE WITNESS: No, I'm all right. 18 MR. STEWART: If you need a break, 19 we will be glad to take one. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037708 20 I am almost near the end. 21 MR. PECK: Well, try to refrain 22 from using four letter words 23 on the record. REGIONAL REPORTING SERVICE, INC. 306 1 THE WITNESS: I'm fine. 2 MR. STEWART: Well, you got real 3 upset when I used one. 4 MR. PECK: I did. I admit it. 5 But I will say for the 6 record, he said it in a very 7 low tone. It was just a 8 matter of speaking. 9 THE WITNESS: Did I say something? 10 MR. PECK: You said hell. 11 (Plaintiffs' Exhibit Number 12 Twenty-four was marked for 13 identification.) 14 Q. Let me show you Plaintiffs' Exhibit 15 Twenty-four. That is a bill that was 16 put in in 1998 as I understand it by a 17 fellow named Knight. Is that the Knight 18 fellow you said you had that SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037709 19 relationship with? 20 A. Yes. 21 Q. Didn't you lobby for that legislation, 22 for the passage of that legislation? 23 A. I did. REGIONAL REPORTING SERVICE, INC. 307 1 Q. On behalf of whom? 2 A. Not on behalf of Solutia. 3 Q. All right. Was it involved in 4 connection with your work for another 5 client? 6 A. Another client. 7 Q. Can you say who that client was? 8 A. I would rather not. 9 Q. Well, I don't know of any privilege that 10 would cover that. This is a public 11 matter. 12 A. I just hate to discuss client's 13 business. 14 Q. Was it for the power company that you 15 did it? 16 A. No, it was not. 17 MR. PECK: Let me talk to him a SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037710 18 minute. 19 (Discussion held off record.) 20 A. And your question was about this? 21 Specifically what was your question? 22 Q. Who was the client? 23 MR. PECK: Who was your client? REGIONAL REPORTING SERVICE, INC. 308 1 A. The client was 3M. 2 Q. 3M Corporation? 3 A. Yes. 4 Q. Mr. Bradley, what does this bill 5 basically do? I have read the synopsis, 6 but what does this basically do? Does 7 it protect or make confidential -- 8 A. Right. It would make -- It would allow 9 the results of self-environmental audits 10 to be held confidential by the entity 11 conducting the audit. 12 Q. Did the legislation pass? 13 A. No, it didn't. 14 Q. Why was this legislation sought? What 15 was the basic thrust behind it? 16 A. Well, because those in support of the SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037711 17 legislation -- and the Alabama Chemical 18 Association was also very much in favor 19 of it -- feel that it is in the 20 company's and the public's best interest 21 to evaluate internally. If a company 22 wants to evaluate its environmental 23 issues or other issues internally and REGIONAL REPORTING SERVICE, INC. 309 1 assess what it needs to do to improve, 2 then they feel strongly that if they 3 initiate that by themselves, then that 4 documentation needs to be kept 5 confidential, that it shouldn't be 6 subject to disclosure. And that 7 1egi siation would provide that 8 protection. 9 Q. You say the Alabama Chemical 10 Association. You are talking about an 11 organization, a trade organization of 12 chemical companies that are located in 13 Alabama? 14 A. That's correct. 15 Q. And Monsanto is a part of that? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037712 16 A. Yes. 17 Q. Do you remember receiving any help from 18 Monsanto lobbyists in pushing for this 19 legislation? 20 A. No. 21 Q. Who were -- Who worked or who lobbies 22 for the trade association? 23 A. For Alabama Chemical Association? REGIONAL REPORTING SERVICE, INC. 310 1 Q. Yes. 2 A. Mark Fowler. 3 Q. Did Mr. Fowler assist you in 4 buttonholing people and gettingvotes 5 for thi s 1egi siation? 6 A. I'm sure he was up there. 7 Q. Assisting you? 8 A. I was one of a number of people who were 9 supportive of it. 10 Q. Who else besides Mr. Fowler and you? 11 What other lobbyists -- 12 A. The Business Council was very much in 13 support of it. 14 Q. Who else? And who, by the way, SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037713 15 represented the Business Council at the 16 time of this legislation? 17 A. I think Jim Gray is their chief 18 lobbyist. 19 Q. Who else was working with you on this 20 legislation? 21 A. I don't recall. Frankly I didn't spend 22 a huge amount of time on it. The 23 legislation faced a great deal of REGIONAL REPORTING SERVICE, INC. 311 1 opposition. And while I did talk to 2 some legislators on it, it was not one 3 of the high priority items that I had. 4 Q. Did you have a conversation at some 5 point in time during the course of this 6 legislation's progress with a gentleman 7 named Jerome Robbins? 8 A. Jerome Robbins? 9 Q. Right. 10 A. I don't know. Who is that? 11 Q. Do you remember having a conversation 12 with someone who was not from this 13 state? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037714 14 A. Uh-huh, I do. 15 Q. That was there lobbying for an 16 environmental justice group? 17 A. I do remember having a conversation with 18 him, yes. I do remember having a 19 conversation with somebody who was not 20 from this state. 21 Q. Can you remember what you said to him 22 about his presence here and his work? 23 He was opposed to the bill, was he not? REGIONAL REPORTING SERVICE, INC. 312 1 A. He was opposed to that bill. 2 Q. Do you remember what you said to him? 3 A. The individual I had a conversation with 4 was a member of the Franklin Resources 5 Group. 6 Q. Who was that? 7 A. His name was Jerome, but I don't think 8 it was Robbins. 9 Q. Franklin Resources Group? 10 A. Uh-huh (indicating yes). 11 Q. He was working in opposition to the 12 legislation? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037715 13 A. That's correct. 14 Q. And you had a conversation with him 15 about the 1egi siation? 16 A. I did. 17 Q. Was it a heated discussion, Mr. -- 18 A. It was on my part, yes. 19 Q. What exactly made you mad? 20 A. Because I didn't have any idea that he 21 was in town. I didn't have any idea 22 that he'd had an interest in that 23 particular piece of legislation, and it REGIONAL REPORTING SERVICE, INC. 313 1 was personally embarrassing to me that a 2 member of the Franklin Resources Group 3 would suddenly show up unknown to me in 4 opposition to legislation I was in favor 5 of. 6 Q. Where did he come from? Did he come 7 from the Stateof Alabama or out of 8 state? 9 A. No. He was located out of state. 10 Q. Where? 11 A. I think Louisiana. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037716 12 Q. So you've got people from the Franklin 13 Resources Group who are located in 14 Louisiana? 15 A. He is, yes, or at least he was then. I 16 haven't had any contact with him since 17 then. 18 Q. Which member of the Franklin Resources 19 Group did Mr. Robbins work for? 20 A. I don't know that that is his name. 21 Q. Well, the gentleman you talked with. 22 A. I had very little contact with him. 23 Q. His first name was Jerome? REGIONAL REPORTING SERVICE, INC. 314 1 A. Uh-huh (indicating yes). He told me 2 that he was working for an environmental 3 group in Alabama, and I don't -- It was 4 a group that was -- who then had Pat 5 Byington as their head, Alabama 6 Environmental Council I think. 7 Q. Alabama Environmental Council? 8 A. I think. And that he had been retained 9 by them to work in opposition to the 10 bill. And I generally told him he was SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037717 11 certainly free to do that but that I 12 didn't appreciate him showing up in my 13 territory unannounced, that if I were 14 going to go to Louisiana, I would do him 15 the courtesy of letting him know I would 16 be there, that if we were going to have 17 a working relationship, that wasn't a 18 good way to go about it. 19 Q. Franklin Resources Group, I understood, 20 was composed of you and Mr. Flippo and 21 Johnny Crawford. 22 A. A number of people. 23 Q. But were there also people out of REGIONAL REPORTING SERVICE, INC. 315 1 Louisiana that were involved? 2 A. Well, as I said, he was the only one I 3 know of in Louisiana. He was 4 headquartered there. 5 Q. Was he a partner in your LLC? 6 A. He was a member of the Franklin 7 Resources Group, yes. 8 Q. So there are people from out of state 9 who participate? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037718 10 A. Uh-huh (indicating yes). 11 Q. How many states are covered by it? Is 12 it southeastern United States? 13 A. Alabama is the only state--The 14 Franklin Resources Group is located, for 15 lack of a better term, in Alabama, but 16 it has members who live or are 17 headquartered in other states who may on 18 occasion do work in Alabama or in other 19 states. 20 Q. How many other states are involved? 21 A. I think there is one representative from 22 Virginia; you mentioned Mr. Flippo, who 23 is in Washington, D.C.; Jerome, whatever REGIONAL REPORTING SERVICE, INC. 316 1 his last name, is from Louisiana; 2 myself. I think the remainder are in 3 Alabama. 4 Q. Mr. Crawford? 5 A. Uh-huh (indicating yes). 6 Q. You, anybody else that you can think of 7 as you sit here? 8 A. Did I mention Charlie Rowe? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037719 9 Q. Yes. 10 A. There is one other lady who is a public 11 relations consultant. I will think of 12 her name in a minute, but I can't 13 remember it right now. 14 (Plaintiffs'Exhibit Number 15 Twenty-five was marked for 16 identification.) 17 Q. Let me show you Plaintiffs' Exhibit 18 Twenty-five. Who did you get that from? 19 A. I don't know. 20 Q. Did you have any discussions with 21 anybody from Monsanto -- 22 A. Was that in the material I gave you? 23 Q. Yes. REGIONAL REPORTING SERVICE, INC. 317 1 A. It was probably -- Was it in that large 2 clippings file? It says 1997, so it 3 probably would have been -- I would have 4 got it as a part of that large clippings 5 file. 6 Q. So you never had any discussion with 7 anybody about that? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037720 8 A. Uh-uh (indicating no). 9 MR. PECK: Is that no? 10 THE WITNESS: No. 11 (Plaintiffs' Exhibit Number 12 Twenty-six was marked for 13 identification.) 14 Q. Let me show you Plaintiffs' Exhibit 15 Twenty-six. 16 A. I can generally tell you if it has a 17 1997 or even almost up into '98 -- 18 Q. That's all right. Let me just show you 19 Plaintiffs' Exhibit Twenty-six. 20 A. Okay. 21 Q. Did you ever have any discussion with 22 anybody from Solutia about that 23 particular article? REGIONAL REPORTING SERVICE, INC. 318 1 A. Not that I recall. 2 Q. Tell me, Mr. Bradley, if you can what 3 percentage of your work in connection 4 with this project you took on for 5 Solutia were done in Foley or Decatur as 6 opposed to Anniston? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037721 7 A. As I believe I have testified to this 8 point, we had just started our work. 9 The Solutia education program certainly 10 includes Foley and Decatur as well as 11 Anniston. 12 Q. Would you say that you have been to the 13 plants in those areas as many times as 14 you have the plant in Anniston? 15 A. No, no, I haven't. 16 Q. Would it be fair to say you focused more 17 of your attention on the Anniston plant 18 as opposed to the other plants? 19 A. I have. 20 Q. Would you say that has been true from 21 the time you began to work for Solutia? 22 A. Well, also, as I believe I have said, we 23 intend this to be a statewide program. REGIONAL REPORTING SERVICE, INC. 319 1 It is a statewide program. We started 2 our community assessment there, would 3 have continued that, stopped at 4 Anniston, did not extend it to the other 5 two, but that is fully our intention. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037722 6 Q. Have you had contact on the same basis 7 with the plant managers at Foley and 8 Decatur like you have with Mr. Hamilton? 9 You seem to have had a pretty good 10 relationship with Mr. Hamilton. You 11 have worked with him on the project 12 there? 13 A. We had a pretty good bit of discussion 14 with both plant managers in Foley and 15 Decatur about the grow-out of the 16 education program. 17 Q. Other than that? 18 A. Other than that it has been limited. 19 Q. Have you had contact with the firm in 20 North Carolina and with Lightfoot 21 Franklin or did you have about the 22 February trial? Did you have contact 23 with them before that trial date? REGIONAL REPORTING SERVICE, INC. 320 1 A. The February trial -- 2 Q. The February trial date. 3 MR. PECK: You mean did he have 4 contact with us before we SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037723 5 became involved in defending 6 this deposition? 7 MR. STEWART: Yes. 8 Q. Did you have contact with the lawyers 9 from Lightfoot Franklin -- 10 MR. PECK: Other than what he has 11 already testified about? 12 Q. I'm just asking if you had contact with 13 them before that February trial date. I 14 think it was set in February. 15 A. Any contact at all with any of them? 16 Q. Yes. 17 A. About anything to do with Solutia or 18 just generally? 19 Q. I'm asking you if you had contact with 20 them about that February trial date, 21 prior to that February trial date. 22 MR. PECK: I don't understand the 23 question. REGIONAL REPORTING SERVICE, INC. 321 1 A. I don't either. I didn't know there was 2 a February trial date. 3 Q. There was a date on which you went to SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037724 4 court -- 5 MR. PECK: I think he is talking 6 about when you came to the 7 call docket. 8 A. I thought it was March. I believe that 9 was early March. 10 MR. PECK: I think you are 11 probably right, that it was 12 February. But -- 13 THE WITNESS: Was it? Yeah, I 14 guess it was February. 15 Q. Did you have contact with Lightfoot 16 Franklin or the North Carolina firm of 17 lawyers before you went to that? 18 MR. PECK: Now, you mean as part 19 of hi s deci sion to go to that 20 or just in a general context? 21 MR. STEWART: In a general 22 context. 23 MR. PECK: You can answer that REGIONAL REPORTING SERVICE, INC. 322 1 question. 2 A. Yeah, I guess I did. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037725 3 Q. Did you have discussions -- 4 A. With the Lightfoot Franklin firm. 5 Q. Who at the firm? 6 A. Prior to the -- that would be when I 7 first started working for Solutia on 8 this project. I called Buddy Cox and 9 asked if he would help me with a 10 briefing on issues involving the plant. 11 Q. And did he give you that briefing? 12 A. He did. 13 Q. And when did that occur, in early '98? 14 A. I would say, yeah, March or so of '98, 15 March, April, right in that time frame. 16 Q. What did he tell you? 17 MR. PECK: If he disclosed any 18 trial strategy issues or 19 anything like that, do not 20 get into that. If he is 21 asking the subject of your 22 discussions, don't disclose 23 that. REGIONAL REPORTING SERVICE, INC. 323 1 A. I think I have characterized -- SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037726 2 MR. PECK: If it is just factual 3 information, then -- 4 Q. What factual information did he give 5 you? 6 A. Oh, my request was to help me with a 7 historical understanding of the plant. 8 Really I asked him -- 9 Q. What did he tell you? 10 A. He helped me understand the plant, what 11 phases it had gone through, I guess, 12 what it produced, just general 13 information. 14 Q. Did he talk to you about the PCB issue? 15 He did, didn't he? 16 A. To some degree. 17 Q. What did he say about that again? 18 MR. PECK: Again, I instruct you, 19 if it -- 20 MR. STEWART: Now, wait just a 21 minute, Mr. Peck. 22 MR. PECK: I can instruct my 23 witness on the privilege REGIONAL REPORTING SERVICE, INC. 324 SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037727 1 issue. You can take it up if 2 you want to. We will go back 3 over and see Judge Ott on 4 this. I'm going to instruct 5 my witness on this privilege 6 issue right now. 7 If you are about to 8 disclose something that 9 involves our trial strategy, 10 that is privileged. If not, 11 you can tell him. 12 MR. STEWART: Now, Mr. Peck, what 13 you are talking about at this 14 point in time -- 15 MR. PECK: You can disagree with 16 me, but that is my 17 instruction. 18 MR. STEWART: I understand that. 19 But what you are talking 20 about is something that was 21 disclosed by an attorney to a 22 fellow who was not -- at that 23 point in time he was not REGIONAL REPORTING SERVICE, INC. 325 SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037728 1 represented by you based on 2 all of the testimony that -- 3 MR. PECK: It doesn't matter. It 4 doesn't matter. That is my 5 decision. You can argue with 6 me all you want. 7 MR. STEWART: You mean it does 8 matter that you talked to 9 somebody else -- 10 MR. PECK: I can do it to an 11 expert witness. If I 12 disclose my trial strategy to 13 him, you can't find out about 14 it. That is absolutely 15 privileged. I have a lot of 16 cases on that issue. And 17 we're not going to discuss it 18 here. We can go to Judge Ott 19 again if that is what you 20 want to do. 21 MR. STEWART: We may do that, 22 Mr. Peck. 23 MR. PECK: I don't think he has REGIONAL REPORTING SERVICE, INC. 326 SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037729 1 any of that. I don't think 2 he knows that. But I'm doing 3 this out of an abundance of 4 caution. And I'm tired of 5 dealing with these issues 6 with you. I really am. It 7 is now seven thirty at night. 8 I haven't been home to my 9 house before nine o'clock yet 10 this week, and I'd really 11 like to tonight. 12 MR. STEWART: Okay. I'll do my 13 best. 14 MR. PECK: It doesn't appear you 15 are doing your best. 16 Q. What factual matter did he tell you, 17 Mr. Bradley, about the PCB issue? 18 A. I think -- You know, I have tried to 19 respond to that. I don't remember 20 specifically. Again, it was just a 21 general discussion of the whole 22 historical time frame, just kind of an 23 idea of the extent to which the company REGIONAL REPORTING SERVICE, INC. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037730 327 1 had gone in its remediation effort. It 2 was nothing more than to help me get a 3 frame of reference. 4 Q. Well, did he tell you anything, 5 Mr. Bradley, about when Monsanto first 6 discovered they had a problem with PCBs 7 at the Anniston plant? 8 A. I don't think there was any specific 9 discussion of that. 10 Q. Did he tell you anything at all about 11 the litigation that was filed against 12 Monsanto by the other people? 13 MR. PECK: You have to tell me 14 what the answer to that 15 question is before you tell 16 him. 17 (Discussion held off record.) 18 MR. PECK: Answer the question. 19 A. I don't recall anything other than just 20 generally that there were these legal 21 issues out there and that there were 22 trial dates, that it was uncertain 23 whether those would -- SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037731 REGIONAL REPORTING SERVICE, INC. 328 1 MR. PECK: Wait a minute. Wait a 2 minute. That is a lot more 3 than you told me outside. We 4 have to talk again. 5 THE WITNESS: I'm sorry. 6 MR. STEWART: Let the record 7 reflect that he is consulting 8 with the guy. 9 (Discussion held off record.) 10 MR. PECK: All right. You can 11 keep answering. 12 A. I was just going to say that I think I 13 asked him if there were any trial dates. 14 He said that there were but that in 15 these matters sometimes those are pushed 16 or changed and not to look at that as 17 anything firm. And that was about it. 18 Q. Did he tell you anything about factually 19 what the company knew and when they knew 20 it about the dangers -- 21 A. No. 22 Q. - of PCBs? 23 A. No, not they I recall. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037732 REGIONAL REPORTING SERVICE, INC. 329 1 Q. Did he tell you anything about the 2 levels of PCBs that had been found on 3 people's property around there and what 4 the company's position was with regard 5 to that? 6 MR. PECK: You can answer as to 7 what he told you about 8 levels, but you are not going 9 to answer about what the 10 company's position was if he 11 did. 12 MR. STEWART: Mr. Peck, I'm going 13 the ask her to mark this. We 14 will take this up with Judge 15 Ott. 16 MR. PECK: Do you know anything? 17 THE WITNESS: No. 18 MR. PECK: He doesn't know 19 anything, Donald. This is 20 why it is so irritating and 21 just pointless. It is just 22 wasting time. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037733 23 MR. STEWART: I can understand REGIONAL REPORTING SERVICE, INC. 330 1 your concern, Mr. Peck. 2 MR. PECK: No, you don't 3 understand my concern. My 4 concerns are sheer time and 5 just waste of it. 6 MR. STEWART: It not a waste of 7 time. 8 MR. PECK: It is a waste of time. 9 You are not entitled to know 10 aobut our trial strategy, 11 Donald. I know you want to 12 know. I know you keep asking 13 about it. It is not your 14 right. It is absolutely 15 privileged. I don't think 16 this witness knows anything 17 about it due to his 18 conversation with Buddy Cox, 19 but I have a right to try to 20 protect it. And that is all 21 I'm trying to do. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037734 22 Let's take a break 23 because I'm too irritated to REGIONAL REPORTING SERVICE, INC. 331 1 even go on right now. 2 (A break was taken.) 3 Q. Mr. Bradley, you have had a number of 4 conversations, since we got into these 5 discussions about what Mr. Cox told you, 6 with Mr. Peck. And I would ask you if 7 in fact he has instructed you not to say 8 anything to me about what Mr. Cox told 9 you when you have been out of the room. 10 MR. PECK: That is absolutely 11 privileged, Donald. You 12 can't ask him that. 13 MR. STEWART: Well, Mr. Peck 14 Q. What did he tell you? Ijustwantto 15 know everything he told you. 16 MR. PECK: Who, Cox or me? 17 MR. STEWART: I'm talking - I'm 18 not talking about, Mr. Peck, 19 you. I'm talking about 20 Mr. Cox on the occasion we SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037735 21 have talked about. 22 Obviously, Mr. Peck, at that 23 time he was not your client, REGIONAL REPORTING SERVICE, INC. 332 1 and he was certainly, based 2 on all the conversations we 3 have had with him over these 4 last days, doing anything 5 other than working on public 6 relations. The fact you have 7 talked to him about that, I 8 would submit to you, 9 constitutes a waiver and does 10 not give you the right to 11 claim that those are 12 confidential kinds of things 13 that I can't get to. 14 MR. PECK: First of all, let me 15 state my position for the 16 record. It absolutely is. 17 If that conversation had 18 occurred and we had discussed 19 issues of trial tactics with SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037736 20 him, it would absolutely be 21 privileged. He a contract 22 consultant of Solutia. And 23 if we chose to disclose to REGIONAL REPORTING SERVICE, INC. 333 1 him trial strategy issues it 2 would absolutely be 3 privileged. 4 As a practical matter, 5 I will let him answer a 6 question without deeming it 7 to be a waiver, because I 8 don't want to have to go have 9 another fight with Judge Ott 10 over something this witness 11 doesn't know. He doesn't 12 know anything. He doesn't 13 know anything about trial 14 strategy issues. 15 So I'm going to let him 16 answer the question, but I 17 don't want you to later argue 18 that I waived my position on SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037737 19 that. Is that fair? What 20 I'm trying to do is avoid me 21 having to go spend another 22 two days briefing some issue 23 to Judge Ott that is REGIONAL REPORTING SERVICE, INC. 334 1 pointless because this 2 witness -- 3 MR. STEWART: All I want him to 4 do, Mr. Peck, is to tell me 5 what Mr. Cox told him, and I 6 don't want all these 7 interruptions that we have 8 had. 9 MR. PECK: I'm sorry. The 10 interruptions were required 11 by the need to protect the 12 privilege. And I'm going to 13 let him answer the question 14 because I don't think he 15 knows anything. I don't want 16 you to think he is shielding 17 anything. And we don't need SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037738 18 to have a fight about 19 something that is pointless. 20 MR. STEWART: Lower your voice, 21 Mr. Peck. All we are talking 22 about is something -- 23 MR. PECK: I'm sorry. You have REGIONAL REPORTING SERVICE, INC. 335 1 ruined my sleep for days now. 2 I'm just running out of 3 steam. I had to work all 4 weekend. I didn't get but, 5 you know, five hours of sleep 6 the last three or four 7 nights. I'm just impatient. 8 I'm sorry. I apologize. 9 MR. STEWART: All of us have those 10 days, and I have too. I'm 11 doing the best I can to try 12 to ask him what he told him. 13 MR. PECK: I'm going to let him 14 answer that question because 15 I don't want to have a 16 privilege fight over SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037739 17 something that doesn't exist. 18 Go ahead. 19 A. After all of that, my answer is I do not 20 remember all of the specifics about what 21 he told me. I remember a general 22 discussion about the remediation effort 23 and the geographic area that that REGIONAL REPORTING SERVICE, INC. 336 1 encompassed, that it was a considerable 2 expense to the company. That's really 3 about it. I mean, there was some 4 discussion too of the history of the 5 plant and when it was started and what 6 it produced and so forth, which I don't 7 remember much about either. I didn't 8 take any notes, and it was just a 9 starting point for me to -- You know, I 10 was going to talk to and did talk to a 11 number of people. It was just very 12 general. 13 Q. When you say you were going to talk, you 14 are talking about talking to a number of 15 people associated with Monsanto or SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037740 16 Solutia at that time? 17 A. Yes. 18 Q. Who were the other people that you 19 talked to? 20 A. As I said, I went to the plant. 21 Q. But you have previously talked about who 22 you talked to, Mr. Hamilton, Mr. Faust? 23 A. Right, right. REGIONAL REPORTING SERVICE, INC. 337 1 Q. Was the same kind of subject the subject 2 matter of those discussions? Did you 3 talk about PCBs during those discussions 4 in a similar manner to the way you 5 talked to Mr. -- 6 A. Look, I didn't go and ask Buddy Cox to 7 tell me about PCBs. I didn't go to 8 Blake Hamilton and Alan Faust and say 9 tell me about PCBs. I went to learn all 10 I could about Solutia. 11 Q. Did you know of anything other that 12 Mr. Cox was doing for Monsanto or 13 Solutia at that time other than him 14 being engaged in this lawsuit? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037741 15 A. I knew he was involved in that. But I 16 also know that lawyers have to learn all 17 they can about their client. And it was 18 simply that I knew that would be a good 19 place to start. I didn't go to talk 20 about the PCB issue necessarily. 21 Q. All right. Other than what you have 22 already told us that he generally told 23 you, can you remember anything else REGIONAL REPORTING SERVICE, INC. 338 1 about that conversation with Mr. Cox, 2 particularly about PCBs? 3 A. I remember that he tried to get in touch 4 with me before I came because he was on 5 a real short -- We had set the meeting, 6 and then I was out somewhere, and we 7 really had a short period of time. And 8 I remember we just really rushed through 9 a lot of stuff. I don't remember much 10 more than that. 11 Q. How long did the meeting last? 12 A. An hour. 13 Q. Did you look at any documents? SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037742 14 A. I looked at some maps. 15 Q. Of the Anniston plant? 16 A. Right. 17 Q. Did you look at maps of areas outside of 18 the Anniston plant? 19 A. I don't recall. 20 Q. What else did you look at? 21 A. That's really all I recall. 22 Q. And that's again what you recall him 23 saying to you at that time? REGIONAL REPORTING SERVICE, INC. 339 1 A. Basically, yeah. 2 Q. Did he have any document that he handed 3 to you or that he gave to you that you 4 have in your file? 5 A. No. Again, whatever I have that I 6 retained up to the point I got the first 7 document request, I have retained, and 8 you got it or it is on that privilege 9 list. 10 Q. Have you prepared any press releases for 11 these other facilities about 12 contributions they have made to local SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037743 13 entities like Habitat? 14 A. I haven't to -- No. The answer to your 15 question is no. And I haven't prepared 16 anything on civic activities for Solutia 17 other than -- And I didn't prepare much 18 on Habitat. That was just to help them 19 turn out the meeting. 20 Q. But you have not done any at these other 21 facilities? 22 A. No. 23 Q. Do you plan to continue to work with REGIONAL REPORTING SERVICE, INC. 340 1 Solutia in this community affairs 2 program? 3 A. I hope so. 4 Q. Have y'all picked or talked about any 5 specific project that you are going to 6 be doing in the future with the Solutia 7 plant in Anniston? 8 A. Well, again the program is statewide. 9 The education program is a multi-year 10 program, so that will continue. 11 Q. I'm talking about something other than SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037744 12 what you have already talked about. 13 A. There may be others. That's to be 14 determined in the future. 15 Q. Who would be determining that in the 16 Anniston facility? 17 A. Who would be determining that for 18 Anniston? 19 Q. Yes. 20 A. Well, I think the plant manager would 21 have a large say in that. 22 Q. Have you talked to anybody or -- What 23 I'm asking is are there any specific REGIONAL REPORTING SERVICE, INC. 341 1 projects inmind at this time, 2 Mr. Bradley, that y'all have discussed 3 and that are sortof in the thinking 4 stages? 5 A. No, not other than what I have discussed 6 with you. 7 Q. Any other expenditures of money planned 8 there? 9 A. Not other than in support of that 10 program. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037745 11 Q. Education program? 12 A. Uh-huh (indicating yes). 13 MR. PECK: Is that a yes? 14 THE WITNESS: Yes. 15 Q. Have you been asked to provide any other 16 media assistance in connection with the 17 upcoming -- I don't want to know what 18 you are going to do, but have you been 19 asked to provide any media assistance in 20 connection with the upcoming trial? 21 MR. PECK: I think I know the 22 answer to that question is 23 no. So I'm going to let him REGIONAL REPORTING SERVICE, INC. 342 1 answer. If it were yes, I 2 would object. So he can 3 answer. 4 A. The answer is no. 5 MR. STEWART: I believe that's all 6 I have. 7 8 9 (AND FURTHER DEPONENT SAITH NOT.) SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037746 10 11 12 13 14 15 16 17 18 19 20 21 22 23 REGIONAL REPORTING SERVICE, INC. 343 1 I do hereby certify that the witness 2 whose attached deposition was taken before me 3 was by me first duly cautioned and sworn to 4 tell nothing but the truth in the cause 5 aforesaid; that the testimony contained herein 6 was by me reduced to writing in the presence 7 of said witnesses by means of stenography and 8 afterwards transcribed by means of computer SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037747 9 aided transcription. The foregoing is a true 10 and accurate transcript of the whole of the 11 testimony given by said witness, as aforesaid. 12 I do further certify that I am not 13 connected by blood or marriage with any of the 14 parties or their attorneys or agents and that 15 I am not an employee of any of them, nor 16 interested in the matter of controversy. 17 IN WITNESS WHEREOF, I have hereunto set 18 my hand and affixed my notarial seal at 19 Gadsden, Alabama, County of Etowah, this 30th 20 day of June 1999. 21 ________________________________________ Deborah Salers Garrett 22 Certified Shorthand Reporter Registered Professional Reporter 23 Notary Public, Alabama-at-Large My Commission expires: 3-7-2001 REGIONAL REPORTING SERVICE, INC. SWIFT 06-23-1999 Bradley, Steven.txt[8/22/2017 4:22:24 PM] HARTOLDMON0037748