UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA
CHERYL LINDSEY SEELHOFF,
a married woman,
Plaintiff, Tacoma, Washington
vs.
PAT and SUE WELCH,
husband and wife,
Defendants.
Docket No. C97-5383FDB
Tacoma, Washington
September 1, 1998
Trial
Volume 2
TRANSCRIPT OF PROCEEDINGS
BEFORE THE HONORABLE FRANKLIN D. BURGESS
UNITED STATES DISTRICT JUDGE, and a Jury.
APPEARANCES:
For the Plaintiff:
BARBARA J. DUFFY
GWENDOLYN PAYTON KLEIN
Lane Powell Spears Lubersky
1420 Fifth Avenue, Suite 4100
Seattle, Washington 98101-2338
For the Defendants:
RUDY R. LACHENMEIER
LORI DeDOBBELAERE
Lachenmeier, Enloe & Rall
9600 S.W. Capitol Highway
Portland, Oregon 97219
Court Reporter: Teri Hendrix
Union Station Courthouse, Room 3100
1717 Pacific Avenue
Tacoma, Washington 98402
(253) 593-6545
Proceedings recorded by mechanical stenography, transcript
produced by Reporter on computer.
Excerpt from transcripts Volume 2 September 1, 1998 Pages 210-445
How to use these documents.
A complete copy of the transcript are availble on an independent web site.
http://members.aol.com/Hsingcase/index.html
(Link provide by permission)
Documents can be ordered by writing to:
US District Court
Western District of Washington
P.O. Box 1935
Tacoma, Washington 98401
349
1 conversations with Cheryl Lindsey, in the backyard conversation
2 where you were discussing the repentance. You discussed with
3 Cheryl Lindsey her getting out of public ministry; is that
4 right?
5 A. Yes.
6 Q. And you discussed this concept with Sue Welch; is that
7 right?
8 A. I don't recall.
9 Q. Sue Welch advised you that she was prepared to offer her
10 magazine, The Teaching Home, to Gentle Spirit subscribers while
11 Gentle Spirit was out of the marketplace; isn't that right?
12 A. Not in those words, but something to that effect.
13 Q. So you understood, though, that she was prepared to make her
14 magazine available to Gentle Spirit subscribers while Gentle
15 Spirit was no longer on the market; is that right?
16 A. There was some talk of something like that, but -
17 Q. Okay. Now, you also discussed with Sue Welch the fact that
18 Mrs. Welch wanted to advise 41 home schooling organizations
19 about Cheryl Lindsey's relationship with Rick Seelhoff; is that
20 right?
21 A. No.
22 Q. Sue Welch told you that she wanted to advise the home
23 schooling organizations; correct?
24 A. There was some conversation concerning something to that
25 effect, but not in those words.
350
1 Q. Okay. Let's take a look at Exhibit No. 26. It should be
2 there in front of you.
3 Do you see it?
4 A. Yes.
5 Q. And this Exhibit No. 26 is dated July 7 of 1994; is that
6 right?
7 A. Yes.
8 Q. And that's a letter that was authored by you and your
9 husband; correct?
10 A. Yes.
11 Q. And that letter was written -- that letter refers to Sue
12 Welch; correct?
13 A. Yes.
14 Q. Okay. And that's a letter that you wrote at the request of
15 Sue Welch; correct?
16 A. Yes.
17 Q. She wanted an enclosure letter from you and she wanted a
18 letter essentially asking you to assist her in facilitating the
19 notification of the Christian Homeschool organization leaders of
20 the information referred to in an enclosure letter to exhibit -
21 in an enclosure to this letter; is that right?
22 A. Yes.
23 Q. In fact, the enclosure to the letter was your letter of June
24 30; is that right?
25 A. Yes.
351
1 Q. Let's take a closer look at your letter of June 30, which
2 was enclosed along with the letter that you authored referring
3 to Sue Welch.
4 I want to call your attention to the second paragraph,
5 specifically, and I want you to read that first sentence of the
6 second paragraph.
7 A. "As Church leaders we are asking those who have supported
8 Cheryl's Gentle Spirit ministry in the past to prayerfully
9 consider how the Lord would have them to respond."
10 Q. Now, when you put that language in the letter -- and you and
11 your husband wrote this letter, the letter of June 30, 1994;
12 correct?
13 A. Yes.
14 Q. When you put this information, this proposal in your letter,
15 the sentence in your letter, you considered -- when you were
16 encouraging people to make their own decisions concerning
17 Cheryl's ministry, you considered that one result would be that
18 they might stop subscribing to her magazine; is that right?
19 A. Yes, that could have been a possibility.
20 Q. But that's something you considered when you actually wrote
21 the letter; correct?
22 A. I suppose so.
23 Q. So when we talked about your conversations or your
24 discussions with Sue Welch about notifying the Christian State
25 Homeschooling Organization leaders, did you consider this letter
352
1 when you told me you didn't recall discussing that with her?
2 A. Can you repeat the question, I am sorry?
3 Q. I am just wondering if this letter refreshes your
4 recollection about discussing that topic with Sue Welch, her
5 notification of home schooling leaders?
6 Let me ask you this way, Mrs. Williams, you talked to Sue
7 Welch about the fact that Sue wanted to notify Christian State
8 Homeschooling Organization leaders; isn't that right?
9 A. Yes.
10 And you also talked to Sue Welch about a legal concern that
11 she had regarding the notification of advertisers of Gentle
12 Spirit; isn't that right?
13 A. There was some conversation about that, yes.
14 Q. Okay. And Sue was concerned about interfering with commerce
15 in the context of notifying these advertisers; is that right?
16 A. I am not sure.
17 Q. Sue Welch put you in touch with her lawyer, Michael Farris;
18 right?
19 A. Yes, although I didn't know it was her lawyer.
20 Q. But she gave you Michael Farris's phone number; right?
21 A. Yes.
22 Q. In fact, you contacted Michael Farris yourself; right?
23 A. Yes.
24 Q. And Welch suggested you contact Michael Farris for legal
25 advice; correct?
353
1 A. Yes.
2 Q. And you did so because you were concerned about the legality
3 of contacting advertisers and columnists of Gentle Spirit; is
4 that right?
5 A. No.
6 Q. Let's take a look at the first volume of your deposition, at
7 page 262.
8 I don't know that you have it in front of you, Mrs. Welch -
9 or Mrs. Williams.
10 THE COURT: What line?
11 MS. DUFFY: Line No. 12.
12 THE WITNESS: What page?
13 BY MS. DUFFY:
14 Q. Page 262 of your deposition testimony, at line 12.
15 Specifically I would like to read lines 12 through 19 of your
16 deposition.
17 I asked you: "Did you have any concerns about the legality
18 of your actions with respect to Cheryl Lindsey?"
19 Can you read for me your answer, please.
20 A. "Well, as far as advertise -- contacting advertisers and
21 columnists, yes, I sure did."
22 Q. "Is that why" -- and then I asked you -- "Is that why you
23 contacted a lawyer, to ask him about those concerns?"
24 What was your answer?
25 A. "Yes."