201
Q. I'm sorry, was that after you talked with?
A. No. At A.E.A. we voted to go -- that we spoke
against Act 590. Okay. Arkansas Education Association.
At that time I think I read it, okay? And at that
time I interpreted it differently than what I've come to
interpret it as now, and what the Attorney General has
confirmed.
Q. Have you reread Act 590 since you were contacted by
the Attorney General's office?
A. Yes, I have.
Q. Have you discussed the substance of your testimony
with the Attorney General's office?
A. At least some of it. I obviously do not know -- I
did not know what you were going to ask today. Okay.
Q. I'm asking whether you discussed the substance of
your testimony at trial with the Attorney General's
office?
A. I've discussed some things which I've been told
would be brought up.
Q. And when were those discussions?
A. Sometime within the past two months.
Q. And in all of those several discussions?
A. No.
Q. How many times did you discuss the substance of your
testimony?
202
A. I don't know.
Q. And with whom did you discuss it?
A. I don't know that either.
Q. Did you discuss the area of your expertise?
A. I informed them on the phone that I was a chemistry
teacher.
Q. Did you discuss the substance of the opinion which you
would express at trial?
A. I think so.
Q. Did you discuss the basis of the opinion which you
would express at trial?
A. Of whatever we discussed, I guess we did.
Q. Have you ever seen plaintiffs first set of
interrogatories?
A. I do not even know what an interrogatory is.
Q. I assume from that that you've not discussed the
interrogatories with the Attorney General's office?
A. We may have.
Q. Okay. Are you aware that your name was disclosed
to plaintiffs and to the press as a witness in this
case on October 26th?
A. Am I aware of it? Yes, I'm aware of it.
Q. And that was subsequent to your discussions with
the Attorney General's office?
A. I don't know if we discussed it or not.
203
MR. WILLIAMS: Certainly, we contacted
him before we disclosed his name.
Q. Have you discussed the --
A. Oh, I was contacted before it went out in the
papers I guarantee you that.
Q. Had you discussed the substance of your testimony
and the opinion which you would express at trial prior to
that time?
A. The first time that they contacted me they did not
ask me what would -- how I would be used in the trial.
They only said that they had heard that I would be
willing to teach Creation Science.
Q. Did they tell you how they'd heard that, how they
got your name?
A. I don't remember.
Q. I have no further questions.
MR. WILLIAMS: I have none.
MS. FERBER: I have no further
questions, and Mr. Williams has indicated that he has no
questions for the witness. The deposition is continued
until such time as counsel has an opportunity to review
the tapes which were furnished today.
MR. WILLIAMS: Defendants did not
agree to continue the deposition. They have voiced their
objection particularly in view of the fact that we began
204
at approximately 9:00 with a short break for lunch and
worked until 4:00. So we have been here approximately
eight hours or seven and a half hours on a witness whose
testimony will probably take fifteen minutes.
MS. FERBER: Counsel's approximations
are just that and I --
MR. CEARLEY: I would like to state for
the record too that we would know the bounds of this
witnesses' testimony had the interrogatories been
responded to and had we been given any -- any notice of
the areas of his testimony and basis for any opinions and
so forth, which was the reason for our interrogatories.
[Thereupon the above styled deposition
was concluded at 4:50 p.m.]
* * * * * * *
205
C E R T I F I C A T E
STATE OF ARKANSAS}
}ss.
COUNTY OF PULASKI }
RE: MR. JIM TOWNLEY
I, MICHELL R. NIENSTEDT of LAURA BUSHMAN COURT
REPORTING SERVICE, a Notary Public in and for Pulaski
County, Arkansas do hereby certify that the facts stated
by me in the caption on the forgoing deposition are
true; and that the foregoing deposition of the witness
wastranscribed by me or under my supervision on the
STENO-CAT Computerized Transcription System from my
machine shorthand notes taken at the time and place set
out in the caption hereto, the witness being first duly
cautioned and sworn to tell the truth, the whole truth
and nothing but the truth.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this
the 17th of November, 1981.
_____________________________________
Michelle R. Nienstedt, Notary Public
in and for Pulaski County, AR
My commission expires 1-13-85
LAURA BUSHMAN COURT REPORTING SERVICE
1100 N. University, Suite 223
Little Rock, Arkansas 72207
(501) 664-7357