1 Marhoumy

2 his name is Anthony Tiller and he is the one that

3 takes his lyrics to Bob Dylan, and if I don't

4 believe him I can go meet with Anthony. If that

5 would help let me get into the business with him

6 that he wanted to do, and I decided yes, I'll meet

7 with him.

8 Q. Okay. Let me -- good, so now we are

9 up to this meeting?

10 A. Yes.

11 Q. Let me take you back. You weren't

12 familiar with Bob Dylan when he told you that his

13 music was being read by Bob Dylan?

14 A. I heard of his name. I didn't know

15 his music.

16 Q. You knew he was a famous recording

17 artist?

18 A. Yes, I heard of his name. I was not

19 familiar with his music. I never listened to him.


34


1 Marhoumy


3 Q. And you didn't believe Mr. Damiano at

4 the time?

5 A. Yes, I didn't.

6 Q. Why didn't you believe him?

7 A. Because I didn't. I don't know much

8 about lyrics myself. When I read his music, his

9 lyrics, to me, it doesn't make sense, I don't

10 understand. But I don't know what Bob Dylan sings

11 either. I mean it could be the same thing, but I

12 didn't think it was true. I just didn't think it

13 was.

14 Q. Well, what other factors caused you

15 to not believe him that it was true?

16 A. The fact that he was just a salesman.

17 You know, Bob Dylan is reading your music, you

18 should be doing something with that. Obviously he

19 was just a salesman, so I didn't believe it.

20 Bottom line is I wasn't just going to spend money

21 based on his words being just a salesman for me.

22 Q. Did Mr. Damiano tell you that any
23 other rock stars were reading his music?

24 A. No. Not at that point.

25 Q. At that point in 1987, sir, did he


35


1 Marhoumy

2 tell you that Bob Dylan was already reading his

3 music?

4 A. He was -- yes. He was receiving, his

5 music was being given to Bob Dylan to read.

6 Q. According to Mr. Damiano, that was

7 through Tony Tiller?

8 A. Through Anthony Tiller, yes.

9 Q. That Mr. Damiano told you that he

10 gave his music to Anthony Tiller and Anthony

11 Tiller then gave his music to Mr. Dylan?

12 A. Yes, that is how I perceived it.

13 Q. And you perceived it based on what

14 Mr. Damiano told you?

15 A. Well, until I met Anthony. That's

16 why I wanted to meet with Anthony.



25 Q. At that point in 1987, sir, did he


35


1 Marhoumy

2 tell you that Bob Dylan was already reading his

3 music?

4 A. He was -- yes. He was receiving, his

5 music was being given to Bob Dylan to read.

6 Q. According to Mr. Damiano, that was

7 through Tony Tiller?

8 A. Through Anthony Tiller, yes.

9 Q. That Mr. Damiano told you that he

10 gave his music to Anthony Tiller and Anthony

11 Tiller then gave his music to Mr. Dylan?

12 A. Yes, that is how I perceived it.

13 Q. And you perceived it based on what

14 Mr. Damiano told you?

15 A. Well, until I met Anthony. That's

16 why I wanted to meet with Anthony.

17 Q. I'm still before --

18 A. Yes, before meeting with him, it was

19 just based on what Jim was telling me.

20 Q. And Mr. Damiano at the time was

21 looking for an investment?

22 A. Looking for somebody to help him with

23 the money.

24 Q. And Mr. Damiano also told you that

25 Anthony Tiller was a big shot at CBS Records?


36


1 Marhoumy

2 A. Yes.

3 Q. How did he describe his position to

4 you?

5 A. I don't exactly recall, but he was in

6 like in the R&R or PR, like entertainment.

7 Q. A&R?

8 A. A&R, that is the right word,

9 something like that, but he was high up in that

10 company.



23 Q. And not believing Mr. Damiano, based

24 on what he said, you wanted to meet Mr. Tiller,

25 that is your testimony?


37


1 Marhoumy

2 A. Yes.

3 Q. Okay, and when was the first time

4 that Mr. Damiano raised with you the possibility

5 of you giving him money to record a tape?

6 A. I would say a couple of weeks before

7 the meeting with Anthony.

8 Q. And he approached you, is that

9 correct?

10 A. Yes.

11 Q. And what did he tell you about what

12 he hoped would happen as a result of your

13 investment?

14 A. Well, basically there was that one

15 song that he was -- that he really liked a lot,

16 which is My Cousin Joann, and we just believed

17 that would be a big hit if somebody like Bob Dylan

18 would sing that song, that would be like a big hit

19 and that was -- you know, that's what got me

20 interested.

21 Q. And then your wife told you that yes,

22 in fact Bob Dylan is a big superstar?

23 A. Yes.

24 MR. KRAMER: Gentlemen, could you

25 possibly speak one at a time.


38


1 Marhoumy

2 THE WITNESS: Okay.

3 MR. KRAMER: So we don't have to do

4 this twice.

5 Q. So in effect Mr. Damiano asked you to

6 invest ,000 in his recording project?

7 A. Yes.

8 Q. And before your meeting with Mr.

9 Tiller, did you enter into your agreement with Mr.

10 Damiano?

11 A. No.

12 Q. That was after?

13 A. Yes.

14 Q. And you gave, as you testified, the

15 ,000 because you hoped you would make a lot

16 more?

17 A. Of course.

18 Q. And in fact you made nothing?

19 A. Yes.

20 Q. And in fact Mr. Damiano never paid

21 back the ,000?

22 A. No.

23 Q. And in fact you've asked it back from

24 him?

25 A. No.


39


1 Marhoumy

2 Q. Never?

3 A. I never asked it back.

4 Q. Is that because you knew he didn't

5 have it to pay back?

6 A. I know he doesn't have it. It was

7 just a bad decision on my part, a bad business

8 decision. In my mind I just wrote it off.

9 Q. If you knew that Mr. Damiano was

10 flush and had lots of cash, wouldn't you ask him

11 for the ,000 back?

12 A. I lost track of him for years, but if

13 I heard that he had money, I would have, but I

14 know that he doesn't.

15 Q. But if you knew right now that Mr.

16 Damiano had a ,000 CD and was living high on

17 the hog, you would call him up and you would say,

18 what about my ,000, correct?

19 A. If he didn't give it to me, but what

20 I remember about Jim, if he has the money he would

21 give it to me.

22 Q. And in fact the ,000 investment

23 which you made in 1987, if you compound interest

24 and do all sorts of things to it, you probably are

25 out in current dollars more than 20,000 bucks?


40



1 Marhoumy

2 A. I would say so.

3 Q. And is it fair to say that you were

4 ultimately unhappy about that sour investment?

5 A. I can say that.

6 Q. Why don't you tell us about that?

7 A. It is just that it didn't get

8 anywhere. After the song was produced, we made a

9 where bunch of tapes and that was the end of it

10 basically. It didn't take off. Nothing happened

11 after that.

12 Q. The tape was never released on a

13 record?

14 A. Yes, it just never happened, it never

15 happened.

16 Q. And for a time, you called Mr.

17 Damiano and kept on him a bit to find out what was

18 happening, correct?

19 A. Yes, and he tried to do a couple of

20 things with it. If I remember, he made a whole
21 bunch of tapes and went to like college campuses

22 and tried to sell them to get some money back,

23 which I wasn't interested in that, you know, but

24 whatever he sold, he sold. I didn't -- in my mind

25 I just wrote it off completely that this was a bad


41


1 Marhoumy

2 investment. It's over.

3 Q. At some point you wrote it off, sir,

4 I understand, correct?

5 A. Yes.

6 Q. But before writing it off, there was

7 a time when you didn't write it off?

8 A. For probably I would say three weeks

9 to a month after the record was done.

10 Q. And during those three weeks to a

11 month after the record was done, you called Mr.

12 Damiano to find out the status of the project,

13 correct?

14 A. Yes.

15 Q. And when he told you that nothing was

16 being done, is it fair to say that you became, at


17 times, somewhat annoyed at the situation?

18 A. Yes. I wasn't happy about it.

19 Q. What, if anything, did you say to Mr.

20 Damiano about the failure of him to turn that

21 investment into any profit for you?

22 A. I didn't make a case of it. All I

23 remember is just talking to Jim Damiano about it,

24 just stay with it, just don't give up, keep

25 trying. Things of that nature. You know. In my


42


1 Marhoumy

2 mind, you gotta understand, I didn't see Jim doing

3 anything wrong. I think he produced a good

4 record. I liked it, my wife liked it. It was

5 good music. I still got a few tapes. I know I

6 give some to my friends. We did nothing wrong as

7 far as that. The bad part of it is that I'm the

8 one that spent the money on it and I didn't get

9 anything back, but I was convinced that this was a

10 good decision, and at the same time that the tape

11 came out very good. So, he didn't do anything

12 wrong. I was mad at myself.

13 Q. You said you didn't believe him and

14 his claims about Bob Dylan listening to his music

15 when you were in the car dealership before your

16 meeting with Tony Tiller, correct?

17 A. That was your testimony, correct?

18 A. Yes.

19 Q. After the meeting and after it became

20 clear that your ,000 was going down the drain,

21 isn't it fair to say that your feelings of

22 disbelief began to reemerge?

23 A. Not after the meeting. After the

24 tape, two or three weeks after the tape. After

25 the meeting I was very excited.


43


1 Marhoumy

2 Q. We are going to get to the meeting in

3 a minute and your excitement. I'm mow taking you

4 after this meeting. There came a time that it was

5 clear that your ,000 investment was going down

6 the drain?

7 A. Yes, that sunk in.

8 Q. You got your American Express

9 Platinum bill?

10 A. Uh-huh.

11 Q. Wham, ,000. You got to pay that?

12 A. Well, the way -- that is why I did

13 this, because it was, like you get a checkbook

14 with that and you make monthly payments. It

15 wasn't you have to pay it all at once.

16 Q. So every month you are reminded about

17 this ,000 investment that had gone down the

18 drain, and my question to you, sir, is --

19 MR. KRAMER: Was that a question or

20 a color commentary about every month?

21 Q. Is that correct?

22 A. Well, not me, maybe my wife, she pays

23 the bills. I just put it out of my mind, but,

24 yes, I can see what he was saying, it was not me

25 personally.


44


1 Marhoumy

2 Q. You were aware month to month, sir,

3 that you had to pay the interest, or whatever it

4 is, on the ,000?

5 A. Yes, I was.

6 Q. And my question to you, sir, is that

7 after those three weeks, and after you started

8 paying monthly that ,000, your feelings of

9 disbelief about Mr. Damiano's claims of having

10 some connection to Bob Dylan --

11 A. Uh-huh.

12 Q. -- began to resurface?

13 MR. KRAMER: Are you asking him that

14 or are you advising him that?

15 MR. SNYDER: It is a question.

16 A. If you want an answer, I'll give you

17 an answer. I don't think that Jim was the one

18 that made me -- gave me that disbelief. It was

19 Anthony. I think Jim was just maybe lied to, like

20 I was. That is how I perceived it. I took him

21 for a victim just as much as myself. If there was

22 no connection to Mr. Dylan, it wasn't because of

23 what he said to me, it was because of what Anthony

24 said to me.

25 Q. I'm not -- I understand that. We


45


1 Marhoumy

2 will get to that in a minute.

3 A. You are getting at --

4 Q. I'm not asking about being mad now.

5 I'm asking about not believing, not because Mr.

6 Damiano was lying to you or not lying to you. But

7 not believing the claim that Mr. Damiano had some

8 connection to Bob Dylan. And my question to you,

9 sir, is whether after those three weeks, those

10 feelings of disbelief resurfaced?

11 A. Yes. Yes. It did resurface. Or --

12 and I also had second thoughts about maybe that

13 just the whole thing was a scam, or the whom thing

14 was a scam, or also that this music just got

15 stolen from us, basically just went the way they

16 wanted to go, we paid the money and something else

17 will happen. A million things will go through

18 your head to justify.

19 Q. Sure.

20 A. But at the time, yes, I was upset and

21 the bottom line is we lost track of each other for

22 a few years and I forgot about it.

23 Q. My specific question is whether after

24 those three weeks, you again disbelieved -- I'll

25 rephrase. After those three weeks, you again


46


1 Marhoumy

2 believed that Mr. Damiano really didn't have any

3 way to get his music to Bob Dylan?

4 A. No, I never disbelieved that because

5 I know what I heard. My wife disbelieved it. She

6 said the whole thing was a lie. I never

7 disbelieved that part. I believed that this music

8 was going to Bob Dylan. I know I believed it in

9 my heart and I still believe it to now. Now maybe

10 they didn't like it, that is a different story.


16 MR. KRAMER: Orin, can we take a

17 half second. My office just paged me.

18 MR. SNYDER: Sure. We are going

19 fast, I know.

20 THE WITNESS: I know, I'm sorry.

21 MR. SNYDER: It's my fault too

22 because I'm talking very quickly.

23 THE VIDEOGRAPHER: This is the video

24 operator. We are off the record. The time

25 is 12:15 p.m.


47

1 Marhoumy

2 Q. And you and Mr. Damiano went

3 together?

4 A. Yes.

5 Q. Was anyone else present?

6 A. No.

7 Q. Before going to the meeting, what, if

8 anything, did Mr. Damiano tell you was going to

9 happen at this meeting?

10 A. All the meeting was about is meeting

11 Anthony Tiller to talk about Jim's lyrics.

12 Q. Well, sir, you testified earlier that

13 you were going to meet with Mr. Tiller because you

14 didn't believe Mr. Damiano and you wouldn't invest

15 ,000 without having more information, is that

16 correct?

17 A. Yes. I wanted to hear from somebody

18 in that company that Jim's lyrics are being given

19 to somebody important like Bob Dylan.

20 Q. Okay, and what happened when you

21 arrived at the CBS building with Mr. Damiano?

22 A. Okay, now this is ten years ago, but

23 I remember waiting in the lobby for Anthony to

24 come out and we sat there for a while. Jim had

25 his lyrics books with him, one big thick book, and


55


1 Marhoumy

2 we were just sitting there for a while, then

3 Anthony came out. I remember him being in a suit,

4 good-looking like black gentleman, and we went to

5 his office and we just sat down, it was like a big

6 chair, one of these, looked like a recliner kind

7 of chair, but is was like a big chair I was

8 sitting in, and they were acting like they were

9 good friends. I mean talking, hugging, and

10 actually they read some of the lyrics.

11 He had his -- he had Jim's book on

12 his desk and he was reading through it, Jim was

13 pointing out certain lyrics to him, and they were

14 talking and talking and then we got into the

15 conversation about recording this My Cousin

16 Joann tape, and I just wanted to get some feedback

17 from Anthony based on his position in this company

18 what he believes that, if anything, could happen

19 to this if we produce this, and the feedback I got

20 was absolutely yes, that we got into the Bob Dylan

21 situation, does he read, is he getting Jim

22 Damiano's lyrics, and I remember the answer, yes,

23 he has been reading his lyrics, and I even

24 remember recalling Anthony bringing up Bruce

25 Springsteen's name, and that was just like from


56


1 Marhoumy

2 nowhere, I never heard that before, but it just

3 came up that Jim's lyrics was also given to Bruce

4 Springsteen, which I know who that was, and I

5 remember leaving this meeting with a very good

6 feeling, okay, I was convinced by Anthony if I

7 produce this record, if I pay for it, that it

8 could end up being a very big hit.

9 Q. Okay, sir. And that is basically

10 what happened at the meeting?

11 A. That is basically it. I left there

12 with very good vibes.

13 Q. And if you could tell us what the

14 office looked like in a little more detail, were

15 there records on the wall, were there --

16 A. There were records in the lobby, I

17 know that. There were a bunch of records in the

18 lobby. I was only in that building that one time.

19 Again, this is ten years ago and I'm trying to

20 recall --

21 Q. Sure.

22 A. -- everything here, which is very

23 hard to do now, but I remember the office being a

24 mess. I remember that. Okay, there was stuff all

25 over his desk, there was stuff on the floor next


57


1 Marhoumy

2 to his desk. I remember that.

3 Q. What kind of stuff, papers?

4 A. It was like, yes papers and like

5 folders and stuff like that all over the place.

6 Q. Do you remember seeing anything on

7 the folders or papers?

8 A. No.

9 Q. And Mr. Damiano told you that Mr.

10 Tiller was involved in A&R activities?

11 A. That is what I believed, that is what

12 I remember.

13 Q. And sir, how large was the office?

14 A. Not a big office. Not a big office.

15 I would say, you know, just a normal size office.

16 Q. Do you remember seeing Mr. Tiller's
17 name on the door?

18 A. Yes. I think so. I think so. He

19 came out to the lobby and we followed him to his

20 office.

21 Q. Do you know whether Mr. Tiller

22 received any phone calls while you were in his

23 office?

24 A. I don't remember that.

25 Q. What time of day was this?


58


1 Marhoumy

2 A. It was at night. It was at night.

3 It was not in the daytime, it was at night because

4 we went out afterwards to right around the corner

5 to have a drink, and Anthony came with us.

6 Q. By night, you mean evening?

7 A. It was evening. Maybe 8, 9, I don't

8 remember. But it was nighttime.

9 Q. And how long did this meeting last?

10 A. Not long. We were there 20 minutes

11 to half an hour.

12 Q. During the 20 minutes to half hour

13 that you were there, did you see anyone come in to

14 Mr. Tiller's office and talk to him?

15 A. Not that I recall.

16 Q. Did you see whether Mr. Tiller had a

17 secretary?

18 A. I don't recall that either.

19 Q. You testified that Mr. Tiller was a

20 tall black gentleman.

21 A. He -- I didn't say tall, but he was,

22 yes, I would say maybe 6 foot, something like

23 that.

24 Q. And distinctive features?

25 A. I know he -- no. No. He was like


59


1 Marhoumy

2 a -- trying to remember him.

3 Q. Sure.

4 A. I only met him that one time. I know

5 he was black. I know that. But he was

6 good-looking, like he was very groomed.

7 Q. Uh-huh.

8 A. I know that. He had a suit on.

9 Q. What kind of suit?

10 A. I don't remember.

11 Q. I mean --

12 A. He had a suit.

13 Q. And how old was he, did he appear to

14 be to you?

15 A. He would appear to be either late

16 20's or early 30's.

17 Q. Do you remember his voice?

18 A. Not really.

19 Q. Do you remember whether he was

20 balding, whether he had --

21 A. No, no, he wasn't balding, he had

22 short hair. He was very groomed, nice, trim.

23 Q. And you testified that during this

24 meeting, Mr. Tiller told you that Bob Dylan had

25 been reading Mr. Damiano's lyrics?


60




1 Marhoumy

2 A. Yes.

3 Q. Did he tell you which lyrics he had

4 been reading?

5 A. No.

6 Q. Did he tell you that he had given

7 James Damiano's lyrics to Bob Dylan?

8 A. Yes.

9 Q. Did he tell you what his relationship

10 was with Bob Dylan?

11 A. No. I don't remember that. But I

12 remember him saying that Jim's lyrics are being

13 given to Bob Dylan.

14 Q. Did he say --

15 A. His relationship with Bob Dylan, I

16 don't remember that.

17 Q. When we met with you, you made a

18 comment --

19 MR. KRAMER: Are you telling him

20 what he said or are you going to ask him a

21 question?

22 MR. SNYDER: I'll rephrase the

23 question.

24 Q. Do you recall telling us when we met

25 with you about a month ago that Mr. Tiller told

61


1 Marhoumy

2 you that James Damiano's songs were on Mr. Dylan's

3 coffee table?

4 A. Yes, it was something like that.

5 Q. And you understood Mr. Tiller to be

6 saying that he was the one who got the lyrics to

7 Mr. Dylan?

8 A. He is the one -- he gave me the

9 impression that he was getting the lyrics, getting

10 it routed to Dylan somehow.

11 Q. And, sir, during this meeting, sir,

12 you testified that Mr. Tiller said that he also

13 was giving Mr. Damiano's lyrics to Bruce

14 Springsteen?

15 A. What I remember about this part is

16 him bringing up Bruce Springsteen's name and it

17 was connected to Jim Damiano, his lyrics. Now

18 whether he said I'm giving it to Bruce Springsteen

19 or somehow it is getting to Bruce Springsteen, but

20 it was connected to Jim's lyrics.

21 Q. Do you recall telling us when we met

22 last week that Tony Tiller told you that Bruce

23 Springsteen, like Mr. Dylan, had Mr. Damiano's

24 lyrics?

25 A. Say that again?


62


1 Marhoumy

2 Q. Do you recall when we met with you

3 last month that Tony tiller told you at this

4 meeting that Bruce Springstein, like Bob Dylan,

5 had James Damiano's Lyrics?

6

7 A. Like Bob Dylan, you mean both of

8 them?

9 Q. Yes.

10 A. I remember him saying that Jim

11 Damiano's lyrics were with Bruce Springsteen.

12 Whether he liked them or not, I don't know, but he

13 brought that up. Okay, that came from nowhere

14 because I never even heard Bruce Springsteen, not

15 even from Jim, I never heard that name before.

16 Q. Did Mr. Tiller tell you that Bob

17 Dylan liked Mr. Damiano's lyrics?

18 A. I don't remember that. I remember

19 him saying that he is reading it. He reads it, he

20 has the lyrics now, whether he likes them or not,


21 I don't remember that.

22 MR. KRAMER: Hold on. Can I hear

23 you play that back.

24 (Record read)

25 MR. SNYDER: Are we on the record?


63


1 Marhoumy

2 MR. KRAMER: Yes. I just wanted

3 something read back.

4 Q. During this meeting was there any

5 discussion about money?

6 A. I may have brought that up. I may

7 have mentioned that I am going to pay for this. I

8 just wanted assurance from somebody that this is

9 the right thing to do.

10 Q. And at this time you understood that

11 Mr. Tiller was a big shot executive at the record

12 company?

13 A. That's what I recall.

14 Q. That is what you understand based on

15 what Mr. Damiano told you?

16 A. Based on what Jim told me and based

17 on the impression I received from Anthony Tiller.

18 Q. Did Mr. Tiller tell you that any

19 other rock superstar was reading Mr. Damiano's

20 lyrics in 1987?

21 A. The only part I remember is Anthony

22 bringing up Bruce Springsteen's name, which that

23 is all. Now he was connected to Jim's lyrics

24 somehow. I don't recall the exact words.

25 Q. And sir, do you remember any other --


64


1 Marhoumy

2 I'm going to have to probe that again because you

3 testified a moment ago that you recall Mr. Tiller

4 telling you that Bruce Springsteen also had Jim's

5 lyrics?

6 A. Yes.

7 Q. Is that correct?

8 A. Yes.

9 Q. Sir is there anything else that you

10 can recall with specificity that was said at this

11 meeting?

12 A. No, I couldn't comment on that. Not

13 specific words. I decide that the impression that

14 I got after this meeting is I was convinced that

15 Jim, his lyrics and whatever tape that we produce,

16 will end up in Bob Dylan's hands. I was convinced

17 of that. That is the only thing I can tell you

18 about that meeting.



21 Q. Sir, after that meeting you invested

22 ,000 in this project?

23 A. That is what I recall.

24 Q. Okay. And did you write a check to

25 Broccoli, studio Broccoli Rabe?


69


1 Marhoumy

2 A. Yes.

3 Q. And do you recall the amount of that

4 check?

5 A. That is the part where I said that is

6 what I recall, I'm not exactly sure the amount,

7 but I know I wrote a Platinum American Express

8 check because I just received them.

9 Q. Do you recall that in total you were

10 out about ,000?

11 A. That is the number that keeps coming

12 to me. I'm not sure exactly to the penny what it

13 is, but that is approximate.

14 Q. Do you have a copy of that check?

15 A. No.

16 Q. And the name of the bank or financial

17 institution that issued the check was American

18 Express Platinum?

19 A. Platinum American Express, yes.

20 Q. Did you enter into a written contract

21 with the studio?

22 A. Yeah, there was a contract.

23 MR. SNYDER: I'm going to ask the

24 court reporter to mark as Defendants'

25 Exhibit 28, what has been marked as Exhibit


70



1 Marhoumy

2 31 by Mr. Damiano in his production, and it

3 bears Bates stamped numbers 55 through and

4 including 63.

5 (Whereupon, document with Bates

6 stamp numbers 55 through 63 marked

7 Defendants' Exhibit 28 for identification,

8 as of this date.)

9 Q. Do you see that document, sir?

10 A. Yes.

11 Q. Does that look familiar to you?

12 A. Yeah. That is the contract.

13 Q. This is a copy of the contract

14 pursuant to which you invested in the demo tape,

15 correct?

16 A. Yes.

17 Q. And you will see, sir, that the

18 contract is between you and Broccoli Rabe

19 Entertainment Complex, Inc. Was Brian Draigo the

20 owner of that company, do you recall?

21 A. Yes. I remember that name.

22 Q. And I'm directing your attention now

23 to page 6, and you see, sir, there, Brian Draigo's

24 name and signature --

25 A. Uh-huh.


71


1 Marhoumy

2 Q. As president? Does that refresh your

3 recollection that Brian Draigo was the president of

4 Broccoli Rabe?
5 A. Yes.

6 Q. And there is an X above your name.

7 Did you actually sign this contract?

8 A. I believe I did.

9 Q. So this could be a conformed copy?

10 A. Yes.

11 Q. And this contract calls for you to

12 pay as the grand total in connection with

13 this recording project. Do you see that on page

14 1?

15 A. Yes.

16 Q. My question is, if you invested the

17 ,000, where did the other 5500 go?

18 A. I remember that maybe that is why I

19 didn't sign this particular one. It was redone.

20 We also had to remix. There was -- I know

21 additional fees came back and it came to 10,000,

22 had to remix, we had to do something but it

23 started out at 4500, that is possibly why I didn't

24 sign that one because it was like a preliminary

25 thing and then as it went, because this went on


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2 for a while, as it went I had to pay more and

3 more.

4 Q. Do you have a copy of any of the

5 additional subsequent contracts?

6 A. No. I don't even have that one.

7 Q. Do you have a safe, or something in

8 your home where you keep documents?

9 A. This is four addresses ago. I moved

10 three times after this house.

11 Q. Now, you never paid -- withdrawn.

12 Did you pay Mr. Damiano any money

13 directly in connection with this project?

14 A. No.

15 Q. And you of course, sir, didn't pay

16 Mr. Tiller anything in connection with this?

17 A. No, absolutely not.

18 Q. Or CBS Records?

19 A. No.

20 Q. All the monies that you invested went

21 to Broccoli Rabe Studios or Brian Draigo in

22 connection with Broccoli Rabe Studios, is that


23 correct?

24 A. That's right.

25 Q. Okay.


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1 Marhoumy

2 A. Let me add something to that.

3 Q. Sure.

4 A. At the time we had to record, Jim was

5 in financial strain and I did help him out. He

6 was short money and he was putting a lot of time

7 into this, and I remember helping him some out

8 giving him some cash here and there while we were

9 recording, but that was not much at all it was, a

10 few hundred dollars here and there and that was

11 it.

12 Q. And sir, did you participate in the

13 recording sessions?

14 A. I went maybe twice.

15 Q. Do you recall what songs he recorded?

16 You testified earlier, and I took some notes,

17 hopefully I still have it, that there were eight

18 songs on the tape and one song had no lyrics?

19 A. The one which is My Cousin Joann that

20 had no lyrics, but I'm approximating, about eight

21 songs on the tape. That I still have. If I go

22 through my tapes, I have a few of them. I

23 remember I have a Pain in my Heart because I used

24 to really like that song. I used to love that, I

25 used to listen to it every day. Pain in my Heart.


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1 Marhoumy

2 I don't remember the rest of them. My Cousin

3 Joann, Pain in my Heart, that was a good song I

4 liked myself. There were about eight songs.

5 MR. SNYDER: I'm going to ask you to

6 produce that to us, and before we leave

7 I'll give you a Federal Express envelope,

8 if that's not inconvenient and you can send

9 all of the tapes you have that are Jim

10 Damiano tapes and we will make copies of

11 them, send them back to you and I'll make a

12 copy and give them to Mr. Kramer.

13 THE WITNESS: Okay.

14 Q. You know you have that somewhere in

15 your house?

16 A. Yeah, I'll find those.

17 Q. Do you recall the names of any other

18 songs, you mentioned Pain in my Heart, My Cousin

19 Joann the were recorded during that 1987 session?

20 A. It has been a long time. I haven't

21 listened to it in a few years, no.

22 Q. You were physically present at the

23 recording session several times?

24 A. Yes, I would approximate two times

25 that I was there looking through the glass

Tony Tiller invited my wife and I to parties in the city in which there were other CBS people. Mikie some times came to Tony's parties as well: Mike Harris was John Hammond Sr.s only tenured assistant the last ten years of his career at CBS. Mikie is also a board member of the National Academy of Popular Music Songwiters Hall of Fame.

For over twenty five years I wrote songs and lyrics. Many times lyrics would come to me when I was in the middle of working. I would however write the lyric down on a piece of paper put it in my pocket and then throw it in a box when I got home, with the intentions of when I had a little more time I would go into the box and work on a song. This invitation was found when I was going through the box one day. Incidentally while engaged in the last law suit with Mr. Dylan , my attorney Steven M. Kramer called me and told me he was sending a courier to my home to pick the boxes to my original materials and that he would copy them and produce them to the defendants in response to the Defendants document list. He told me after he was done that he would return them to me. Mr. Kramer also stated that there was a court order to do so. He o told me that if I refused to give him the materials that the judge would dismiss the law suit. I asked him to fax me a copy of the order. After fumbling for words he said that there was none and that it was ordered from the bench.

Then I asked him for a copy of the transcript which orders me to produce the materials and Mr. Kramer's response was that he didn't have a copy of the transcript. I only had about a half hour to decide what to do so I gave the courier about fifteen boxes with about four hundred unfinished songs in each box. Bob Dylan's attorney Orin Snyder assembled the originals in one binder containing four hundred unfinished songs. The materials in the other fourteen boxes were never returned. I later found that Steven M. Kramer had been an attorney for CBS / Sony Music who were also Defendants. An attorney in my home town told me that Kramer had actually worked for Parcher Hayes & Snyder, the law firm representing Bob Dylan in this lawsuit.