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1981 Deposition of Tony Alamo

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION

DEPOSITION OF: TONY ALAMO APRIL 22, 1981

LOCATION: FEDERAL BUILDING FORT SMITH, ARKANSAS


SIGNATURE OF DEPONENT

I, Tony Alamo, hereby certify that I have read the above and foregoing deposition given by me in Case No. 79-2173, filed In The United States District Court, Western District of Arkansas, Fort Smith Division, Don Wylie, et al v. Tony and Susan Alamo Foundation, on this ____ Day of May, 1981, consisting of Thirteen (13) Pages, and that the facts and matters therein contained are true and correct to the best of my knowledge, information and belief.
TONY ALAMO

STIPULATION
IT IS HEREBY STIUPLATED AND AGREED BY AND BETWEEN THE PARTIES HERETO THAT THE DEPOSITION OF TONY ALAMO MAY BE TAKEN BEFORE JOAN DOUGLAS IN THE MATTER REFLECTED IN THE CAPTION PAGE HEREOF BY THE PLAINTIFFS FOR DISCOVERY PURPORSES.

ALL FORMALITIES WITH REFERENCE TO NOTICE, TAKING, TRANSCRIBING, SIGNING, FORWARDING AND FILING OF SAID DEPOSITION ARE HEREBY WAIVED, BUT THE RIGHT TO OBJECT AT THE TIME OF THE READING OR OFFERING THEREOF ON THE GROUNDS OF INCOMPETENCY, IRRELEVANCY, IMMATERIALITY, FORM OF THE QUESTION, OR OTHERWISE, IS EXPRESSLY RESERVED.

TONY ALAMO, HAVING FIRST BEEN DULY SWORN, TESTIFIED, AS FOLLOWS:

DIRECT EXAMINATION

MR. GARNER:
Q. You’re the same Tony Alamo, whose deposition we took on March the Twenty-seventh, 1980?
A. Yes.
Q. Mr. Alamo, were you ever a defendant in a paternity suit?
A. Yes.
Q. When?
A. Oh, about seventeen years ago.
Q. Where?
A. Los Angeles.
Q. Were you directed –

MR. GEAN:
Now, that was seventeen years ago.

MR. GARNER:
I understand.
A. Seventeen…eighteen years ago.

MR. GEAN:
Now, that’s quasi criminal.

MR. GARNER:
I understand.

MR. GEAN:
And the Judge, now, we’ve talked with Judge Paul X and he said don’t go into anything of that nature of more than ten years ago.

MR. GARNER:
I’m allowed to go into anything in his personal life. This is his personal life.

MR. GEAN:
Well, now, so if anything might –

MR. GARNER:
Let me ask him the question.

MR. GEAN:
Well –

MR. GARNER CONTINUES:
Q. Were you ordered and directed to make monthly support payments, Mr. Alamo?

MR. GEAN:
That’s more than ten years ago and we’re not going to answer that.

MR. GARNER CONTINUES:
Q. Are you making monthly support payment now?

MR. GEAN:
Okay.
A. Yes.

MR. GARNER:
Q. And have you been making them continuously for the last ten years?
A. Yes.
Q. Are they made by check out of the Foundation funds?
A. Yes.
Q. The Foundation pays them, in other words?
A. The Foundation pays several paternity suits for any—on cases.

MR. GEAN:
You’re talking about divorce and so on?
A. Yeah.

MR. GARNER:
Q. But I’m talking about –

MR. GEAN:
You’re just talking about him, and he answered that, yes.
A. Mine, too, that’s right.

MR. GARNER:
Q. It pays–has been paying $50 a month?
A. $50.50.
Q. Every since the Foundation’s been formed.
A. Before the Foundation –
Q. Yes, but since the Foundation—when the Foundation came into being, it took up the payments and started paying it?
A. That’s right.
Q. All right, sir. And where was that sent?
A. Where was the what?
Q. Where are you sending the payments?
A. To the Court Recorder in Los Angeles, California.
Q. And was that where the paternity action was?
A. Yes.
Q. I believe you told me that no Foundation funds have been used for political purposes, is that correct.
A. Correct.
Q. Is that because the Articles of Incorporation say that no funds will be used for political purposes?
A. Yes.
Q. Who, now, Mr. Alamo, has charge of the books and records of the Foundation?
A. I do.
Q. Do you write all checks?
A. Yes.
Q. Could you make –

MR. GEAN:
I think he signs the checks, I don’t know that you write all of them, do you, Tony?
A. Well, I sign everyone of them.

MR. GARNER:
Q. Are those books and records in Alma?
A. They’re in Dyer.
Q. Dyer, okay, I’m sorry. Are they available for inspection by me?
A. Yes.
Q. When, when is a good time for me to contact—for me and Mr. Gean to contact you and come over and view those records?

MR. GEAN:
Charlie, we’re going to have to work that out with the Court. I’m going to have some limitation and I’m going to—we’ll get an order of the Court on that, and you and I might be able to agree on it, if you’ll tell me what area you want to –

MR. GARNER:
Well, let’s find out the time first.

MR. GARNER CONTINUES:
Q. When would be the best time?
A. Well, whenever it’s fine with Mr. Gean.
Q. Oh, okay.
A. Any time that he can –
Q. In other words, there’s no particular day that would be better?
A. No.

MR. GEAN:
Now, Charles, at some time, the Alamos, they have—they have some contracts right now that require them to be in Nashville and in Dallas, and they’re gone sometimes a month or two at a time. I would want Tony to be there when we go out there, but you and I can work that out as to the time. Our problem is going to be not the time, but the element of the books that you want to go into. I say it’s going to be a problem, it might not. But if you’ll tell me what you want, then I might agree to it and, if not, why, we’ll just submit it to Judge Henry Wood.

MR. GARNER:
Sure. All right.

MR. GARNER CONTINUES:
Q. Have you seen Kathy Wiley or Don Wiley since this lawsuit’s been instituted?
A. No.
Q. Are you presently under investigation by the labor department?
A. Yes.
Q. Is that the United States Labor Department?
A. Yes.
Q. Out of—where are they coming from, out of where –
A. Out of Little Rock.
Q. Little Rock?

MR. GEAN:
It’s Dallas.
A. Dallas.

MR. GARNER CONTINUES:
Q. Are you also under investigation from the IRS?
A. Yes.
Q. And where are they out of?
A. The IRS, I believe that’d be out of Little Rock.

MR. GEAN:
I can’t answer, I can’t help you.
A. Little Rock.

MR. GEAN:
Well, now, I don’t know whether you are—are you under now, you just got a letter, saying that everything was cleared.
A. Well, we have a letter that we were cleared. They do this every so often, but they’ve looked at our books and said everything was wonderful. And now, they want to look at them again, that’s fine. I brought them my books, I look to have them up here.

MR. GEAN:
Well, I’ve got a letter, something to that effect, that it was cleared. Now, are they asking you about something else now?
A. Yes.

MR. GEAN: Okay.

MR. GARNER CONTINUES:
Q. When will your child, putative child, reach majority?
A. It’s not my child, but I’m paying the payments on it.
Q. I’m saying putative child, that’s the reason I said that.
A. When will—what?
Q. Reach majority.
A. I believe within a half a year to a year.
Q. In other words, you anticipate the payments will stop within a year?
A. Yes.
Q. All right.
A. It might have already stopped.
Q. Do you have any children by any other wife or lady?
A. Well, I’ve been accused, but I have two childrens and I don’t know where their whereabouts are.

MR. GEAN:
His answer to that would be no.

MR. GARNER:
Well –

MR. GEAN:
You do not have any other children, do you, or you don’t have any children?

MR. GARNER:
I said putative.

MR. GARNER CONTINUES:
Q. The $50.50 you’re paying is for a son?
A. It’s for a –
Q. A boy?
A. A boy.
Q. All right, sir. Do you have a child, a putative child, other than that boy?

MR. GEAN:
Explain to him what you mean by putative.

MR. GARNER CONTINUES:
Q. That means it’s alleged, somebody accused you of being the father.

MR. GEAN:
Now, Charlie, you know we’re objecting to this, as far as the admissibility at the trial –

MR. GARNER:
I understand.
A. Well, I had two children by a former wife, but I don’t know where the two boys are. They are my boys.

MR. GARNER CONTINUES:
Q. But you’re not in contact with them or the wife?
A. No, don’t know where they are.
Q. When was the last contact you had with them?
A. I would say around thirty years ago.
Q. Do you all—I think you’ve told me that you all own a home in Nashville, do you also own one in Dallas, now? A. We don’t own any homes at all. All of the living facilities in the Foundation are owned by the Foundation.
Q. I’m sorry. Okay. Does the Foundation own any property in Dallas?
A. No.

MR. GARNER:
I have no further questions.

MR. GEAN:
I have nothing.

(DEPOSITION CONCLUDED)

In: Legal & Court Documents

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