Who Is Not On The Witness Lists

NRA In Danger had a post yesterday on the pre-trial disclosure, witness lists, and exhibits in the NRA’s trial in New York. It appears that all parties with the exception of Josh Powell have produced witness lists and exhibits. Some such as Woody Phillips and John Frazer have relatively short witness lists. For example, Mr. Phillips only lists himself as a witness. By contrast, the witness lists for both the State of New York and the NRA are quite extensive. I have embedded the State of New York’s list as it includes both their witnesses as well as those of the defendants along with estimated time for cross-examination.

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I will leave it to NRA In Danger to go into more detail on the pretrial disclosures. What I’d like to point out is who is not on the list.

First, there is Joe DeBergalis who has served for a number of more recent years as the Executive Director of General Operations. One of the issues brought up in the New York Attorney General’s case against the NRA is how “troublesome” people are pushed out. Given he was replaced just this past week, I would have thought he would be an obvious person from who to require testimony. However, both his replacement Andrew Arulanandam and his executive assistant Lisa Supernaugh are on the list for a combined 3.5 hours of questioning plus another 45 minutes of cross-examination.

Next, I am surprised that former NRA Managing Director of Tax and Risk Management Emily Cummins is not on the witness list. She spent over 12 years at the NRA dealing with tax, compliance, and risk management issues. She had raised questions regarding billing by Brewer, Attorneys and Counselors, which became public in 2019. She resigned under pressure from Bill Brewer and his alleged “burn books”. Ms. Cummins has a reputation as an ethical person who actually believed in the mission of the NRA and was greatly concerned over questionable expenditures.

Finally, how can you talk about dysfunction in the Board, sweetheart deals, and friends of Wayne without including Marion Hammer. A friend pointed out to me last night Marion would have been an incredibly hostile witness if called by the New York AG. Heck, she is hostile even on her good days! I can see Bill Brewer making the decision to keep Marion under wraps as she knew too much, helped Wayne too much, and got too much. It is obviously a case of letting sleeping dogs lie or in Marion’s case, cat ladies.

I know New York does not televise court proceedings. That is a shame as watching this trial would have been interesting. Indeed, New York could have made it a pay per view and I’m sure they would been able to offset some of their budget deficits.


2 thoughts on “Who Is Not On The Witness Lists”

  1. My guess is that the witness lists were “frozen” before DeBergalis was fired. To be added, he would have to be deposed and there isn’t time to schedule that before trial.

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