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5 2018-10-24 DEPO Kassab Pohl deposition filed by Kassab (TCPA exhibit) Excerpts from the Oral Videotaped Deposition of Michael A. Pohl taken May 15, 2018 in Cheatham v. Pohl (Cause No. 2017-41110), filed as Exhibit 23 in connection with Kassab's TCPA motion in Pohl v. Kassab Deposition taken in a related case (Cheatham v. Pohl, Cause No. 2017-41110, 55th Judicial District, Harris County) on May 15, 2018, subsequently filed as an exhibit (Exhibit 23) in the Pohl v. Kassab TCPA proceedings. The deposition was taken by Lance Kassab as counsel for the Cheatham plaintiffs, with Pohl represented by Billy Shepherd. Only pages 85-93 and 318-319 are included in this exhibit. TCPA-1 N/A Phase 1 2018-10-24_DEPO_Pohl-Deposition_FILED.pdf   E »< H I BIT 23 iA Michael Pohl 5/15/2018 CAUSE NO. 2017-41110 MARK KENTRELL CHEATHAM, ) IN THE DISTRICT COURT SR., AND LUELLA MILLER, ) INDIVIDUALLY AND AS ) WRONGFUL DEATH ) N= BENEFICIARIES OF LADONNA ) oe CHEATHAM, DESTINY CHEATHAM) ) AND MARKUS CHEATHAM, ) DECEASED ) , & ) Ss vs. ) HARRIS counry,, TEXAS ) ©) MICHAEL A. POHL, DONALDA ) & POHL, LAW OFFICE OF ) @ MICHAEL POHL, PLLC, ROBERT) @ AMMONS AND THE AMMONS LAW ) Le) FIRM, LLP ) STR gMDICIAL DISTRICT ORAL VIDEOTAPED pebosrz0n OF MICHAEL BS OHL May Be 2018 ©) ORAL VIDEOTAPED BRPOSTTION OF MICHAEL A. POHL, produced as a witedee at the instance of the Plaintiff and ox sworn, was taken in the above-styled and numbered cause on May 15, 2018, from 9:26 a.m. to 5:05 p-m., before Laurie Carlisle, Certified ‘Shorthand Reporter in and for the State of SS Texas, Feported by computerized machine shorthand, at the 6éfices of Shepherd Prewett, 770 South Post Oak Lane, Suite 420, Houston, Texas, pursuant to the Texas Rules of Civil Procedure and the provisions stated on the record or attached hereto. Omni Litigation 713-864-4443 Michael Pohl 5/15/2018 85 1 malicious act by an unethical lawyer, and I don't 2 think anything should be -- further should be 3 submitted by you. 4 Q. Okay. And you think I'm an unethical ee a 5 lawyer? G 6 A. Yes. You stole my files. You robed me. 7 You tried to destroy my practice. So I believe 8 you should submit any more materials, popVicularty 9 false affidavits that have been retracted by the 10 witnesses who made them and othe erifiably false 11 accusations. And you've soticiead my clients like 12 Mr. Cheatham, and you've told hin lies to get him to 13 sue me. LV 14 Q. Okay. And you State on the record under 15 oath, subject to pesiey, that I stole your files, 16 | right? O 17 A. You and your co-counsel and your team of 18 thieves. ou 19 OR. L. KASSAB: Objection, nonresponsive. 20 Q. ‘< that a yes to my question? 21 os MR. SHEPHERD: Form. 22 A. That's what I said it was. 23 Q. I just need a yes or no, sir. Is thata 24 yes? 25 MR. SHEPHERD: Form. Omni Litigation 713-864-4443 Michael Pohl 5/15/2018 86 1 A. Read it back. 2 Q. I just want to make a clear record so that 3 I have a clear record, sir. So you stated under oath 4 that I stole your files, correct? AS XA 5 A. Read back the answer that I gave, and f'11 6 see if I made a mistake. & 7 Q. Sir, I'm asking if that was vou testinony 8 You don't remember whether or not it was” 9 MR. SHEPHERD: Form. & 10 A. If the question is “ge steal my files 11 and rob my office, the answer ist at you and your 12 co-counsel and your crew obi ay office, stole my 13 clients' names, contacted. ily clients and told them 14 lies to initiate suits éRinst me. 15 Q. Okay. How, did I steal your files, sir? 16 Did I break into house? 17 A. You broke into my law office. 18 Q. I did personally? 19 A. You and your crew. 20 Q. Sind when did I do that? 21 ae I don't know the exact date, but I believe 22 it was in 2014 when you robbed me. 23 Q. I robbed you in 2014? 24 A. Yes, sir. 25 Q. And where did I rob you at? Omni Litigation 713-864-4443 Michael Pohl 5/15/2018 87 1 A. Mississippi. 2 Q. And what location did I rob you at? 3 A. Our Gulfport, Mississippi office at the 4 time. I do not remember the street address where I 5 had my office. ) 6 Q. So I broke into your office and etoile your 7 stuff in 2014 at your Gulfport, Wissiecipet office, 8 right? & 9 A. You and your crew. & 10 Q. Well, let's just talk seat me right now. 11 A. No, I can't talk aborts Poo without your 12 co-counsel and your crew peciins you're one and the 13 same. LV 14 Q. Well, I want @ talk about me, sir. 15 A. You ask ta siatione, I'll give you the 16 truthful answers. () 17 Q. That's\ what I just said. So you're telling 18 all the folks in this room that I stole -- that I 19 broke into.(your office and I stole your files, 20 correct {And you're stating that under oath, right? 21 a I'm saying that you, your co-counsel and 22 your crew robbed me, hacked my computers, stole my 23 client names and then solicited my clients with 24 material omissions to get them to sue me which, as a 25 consequence, caused them to suffer damages in their Omni Litigation 713-864-4443 Michael Pohl 5/15/2018 88 1 own case and not get the money they were entitled to. 2 MR. L. KASSAB: Objection, nonresponsive. 3 Q. The question was that you're telling all 4 the folks in this room that I broke into your office 5 and stole your files, correct? ) 6 A. I believe that was the question you asked 7 previously, to which I answered. S& 8 Q. Is that a yes? 9 MR. SHEPHERD: Form. & 10 A. I believe that was the quastion you asked 11 previously, to which I gave rowel full and complete 12 answer. SS 13 Q. Sir, I need to gat a clear record on this 14 so there's no gray area (later when -- okay, that's 15 | why I'm asking. SF 16 A. Sure. chive no problem answering. 17 Q. I just heed to know -- I just want to make 18 sure that I daderstand what you're saying. You're 19 telling everybody in this room that I personally 20 broke iS your Gulfport office in Mississippi 21 someting in 2014 and stole your files, right? 22 A. I didn't say you as a person. I said you 23 and your crew, and I made that clear in each answer. 24 And your co-counsel, by the way. 25 Q. So I'm asking about me. Is it your Omni Litigation 713-864-4443 Michael Pohl 5/15/2018 89 1 testimony that I personally broke into your office? 2 A. I wasn't there, and I didn't see who 3 actually broke in and I didn't see who hacked my 4 computer. So I'm not a witness to it. I just know 5 the event occurred. © 6 Q. Okay. Did you file a police report? SS 7 A. No. °@ 8 Q. Did you file a grievance witty the State Bar . @ 9/ against me? @ © 10 A. I have not yet done woo 11 Q. Have you contacted the a's office? 12 A. I did speak to a District Attorney. ©) 13 Q. Which one? LV 14 A. It happened tebe a retired District 15 Attorney in Oklaho (and I spoke to him about the 16 | feasibility of riiyy charges. 17 Q. Okay. My question is a little different. 18 Have you talked to the Harris County District 19 Attorney regarding the fact that you claim I stole AS) 20 your files? © 21 AS I claim that you and your co-counsel and 22 your crew robbed my office, hacked my computers, 23 solicited my clients and, to be clear, and I have not 24 talked to the Harris County District Attorney. 25 MR. L. KASSAB: Objection, nonresponsive Omni Litigation 713-864-4443 Michael Pohl 5/15/2018 90 1 to everything other than "I have not talked to the 2 Harris County District Attorney." 3 Q. Have you talked to the Attorney General's 4 office in Texas regarding your allegation and & 5 testimony, sworn testimony today that I have stole 6 your files, broke into your office in cultpoxe, 7 Mississippi in 2014 and stole your files2© 8 MR. AKERS: Objection, rome” 9 MR. SHEPHERD: Form. & 10 Q. And everything else roped I did. 11 MR. SHEPHERD: roms” 12 MR. COLLMER: objdction, form. 13 Q. Have you done nat? 14 A. I have not tarda to the Attorney General 15 about the fact that yon, your co-counsel and your 16 crew robbed me, née my computers, solicited my 17 clients to turn them against me, and done various 18 things associated with the theft of my client files. 19 OR. L. KASSAB: Objection, nonresponsive 20 other eneer 1 have not talked to the Attorney 21 Genexd. 22 Q. Okay. So this happened approximately four 23 years ago, correct? 24 A. I don't know the date it happened because 25 nobody told me we're about to go into your office and Omni Litigation 713-864-4443 Michael Pohl 5/15/2018 91 1 steal your files. 2 Q. Well, did you go into your office and find 3 out that your office had been ransacked? 4 A. No, I did not because we closed the office, 5 and it was in connection with the closing of the) 6 office that the thefts occurred. And they ait didn't 7 occur at once. Some of them continued into as late 8 as probably 2016, maybe '15. I don't a) because 9 they did not communicate to me that sey were robbing 10 me. © 11 MR. L. KASSAB: Obj Vion, nonresponsive. 12 Q. And who is the cxoi Ghat you're talking 13 about? Give me specific nines, please. 14 A. Well, it would Be you, it would be Tina 15} Nicholson. It wong. Doug Montague. It would be 16|} June Allison. It (would be Kirk Ladner and Scott 17 Walker. At least that group of thieves. 18 Q. oKdy I got me, Tina Nicholson, June 19 Allison, scott Walker, Doug Montague and who else? 20 Is that ie? 21 ac I believe I mentioned Kirk Ladner and Scott 22 Walker. 23 Q. I got Scott Walker. 24 A. Oh, I'm sorry. Scott Favre, who paid -- 25 who paid Scott Walker and Kirk Ladner, from what I Omni Litigation 713-864-4443 Michael Pohl 5/15/2018 92 1 found in some of their private documents that I got, 2 $85,000 to rob my office and then possibly some more 3 money to actually hack my computers and sell to you 4 or your co-counsel my passwords so you could rob 5 of my electronic information as well. ) 6 Q. So this happened approximately rout years 7 ago, and it's your testimony that you cia ot contact 8 the police department to file a report an 9 Mississippi, correct? Cn 10 MR. SHEPHERD: Form. © 11 A. It happened esmnaneiing Sout four years ago 12 and continuing onward, and ye correct, I did not 13 contact the Mississippi police. 14 Q. Right. And y&SYhaven't filed a police 15 report anywhere, rigge 16 A. I have filed a police report. 17 Q. Why not? 18 A. I don't know. I haven't thought about it. 19 I prayed about it and hoped that, you know, a just 20 result Goi ensue. But I did not go to the police. 21 oe You just decided you'd take matters in your 22 own hands? 23 MR. SHEPHERD: Form. 24 A. I have not taken matters in my own hands. 25 I wanted to spend time to reflect on it before taking Omni Litigation 713-864-4443 Michael Pohl 5/15/2018 93 1 action because I didn't want to do anything that was 2 precipitous. 3 Q. And why haven't you gone to the State Bar 4 to report my theft activities? NS a 5 A. I simply haven't. © 6 Q. And why haven't you talked to the Mazris 7 County DA's office about the fact that Lina thief, 8 as you state? 9 A. Well, these events didn't secur in Texas, 10 so they would have nothing to do it anyway. So 11 why would I go talk to them? K 12 Q. Why didn't you go an to the DA -- the 13 County DA's office in Gulgport to report my thievery? 14 A. I would have, Gat I was preoccupied because 15 the criminals involyed in this were extorting money . 16 from me and they wanting millions of dollars for 17 the return of my stolen goods and I was so upset and 18 so preoccupiéd,- that I neglected to do that. 19 Q. ‘And what evidence do you have -- please 20 tell the Judge, jury, State Bar, DA's office and 21 overstody else out there that you have regarding your 22 testimony under oath today that somebody sold me your 23 passwords so that I could hack into your computers? 24 MR. SHEPHERD: Form. 25 A. I haven't marshaled all the evidence and, Omni Litigation 713-864-4443 Michael Pohl 5/15/2018 318 1 CAUSE NO. 2017-41110 2 MARK KENTRELL CHEATHAM, ) IN THE DISTRICT COURT SR., AND LUELLA MILLER, ) 3 INDIVIDUALLY AND AS ) WRONGFUL DEATH ) N= 4 BENEFICIARIES OF LADONNA ) oe CHEATHAM, DESTINY CHEATHAM) ) 5 AND MARKUS CHEATHAM, ) DECEASED ) ey é ) S 7/ vs. ) HARRIS COUNTY) TEXAS ) 8 MICHAEL A. POHL, DONALDA ) & POHL, LAW OFFICE OF ) @ 9 MICHAEL POHL, PLLC, ROBERT) Ke) AMMONS AND the AMMONS LAW ) es 10 FIRM, LLP ) S57H JUDICIAL DISTRICT 11 6 S 12 REPORTER ' 6sr IF ICATE ORAL VIDEOTAPED DEPOSTSTON OF MICHAEL A. POHL 13 May 15, 2018 14 @ »>O 15 I, Laurie capers Certified Shorthand Reporter 16 in and for the ss e of Texas, hereby certify: 17 That the witness, MICHAEL A. POHL, was duly 18 sworn and that the transcript of the deposition is a na) 19 true record of the testimony given by the witness; 20 That the deposition transcript was duly 21 submitted on —t—“‘C‘éECO «CME ~WiittNl@SSSS OF tO thee 22 attorney for the witness for examination, signature, 23 and return to me by . 24 That pursuant to information given to the 25 deposition officer at the time said testimony was Omni Litigation 713-864-4443 Michael Pohl 5/15/2018 319 1 taken, the following includes all parties of record 2 and the amount of time used by each party at the time 3 of the deposition: 4 Mr. Lance Kassab (5h59m) NS Attorney for Plaintiff NZ) 5 Mr. Billy Shepherd (0hOm) © Attorney for Defendant Michael Poh}. 6 Mr. Brock Akers (0h0m) cS Attorney for Defendants Robert Aginons and 7 The Ammons Law Firm NS Mr. Mark Collmer (h0m) ©) 8 Attorney for Defendant Donalda’ Pohl 9 I further certify that I am neither counsel for, 10 related to, nor employed by any of the parties in the 11 action in which this pare taken, and 12 further that I am not financial y or otherwise ©) 13 interested in the outcome this action. 14 Further certification requirements pursuant to 15} Rule 203 of the - an of Civil Procedure will be 16 | complied with aftér) ey have occurred. 17 Certified to by me on this day of 18 lau , 2018. 19 , ~S OS 20 &S 21 & Laurie Carlisle, CSR S Texas CSR 2205 22 Firm No. CRF 10402 Expiration: 12/31/19 23 Omni Litigation 832 Tulane Street 24 Houston, Texas 77007 25 Omni Litigation 713-864-4443

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