The following direct and cross-examination testimony took place on April 12, 2006. The witness is Marshall Simmons, an attorney who represented Clint Murchison, who owned the Dallas Cowboys, for many years. Mr. Simmons is a former partner at Jenkens & Gilchrist (J&G), a premiere Dallas-based law firm. Mr. Simmons practiced law for 48 years and was responsible for ethical questions at J&G for 11 years. The issue before the court was the disqualification of J&G on the basis of J&G's former representation of Don Dixon, Mr. Sparks' client. Although Simmons testified on direct that no attorney-client relationship had existed between J&G and Dixon for many years, on cross-examination he admitted that he himself had given Dixon informal legal advice as recently as 1998. At that point the Judge jumped in and began asking questions herself. After hearing this testimony, the Judge ruled that J&G was disqualified. Simmons' direct and cross is reproduced in its entirety.
The following cross-examination (June 28, 2005) is of Danny Defenbaugh. Mr. Defenbaugh is a well-known former F.B.I. agent who was once in charge of the Dallas F.B.I. Field Office and was responsible for creating a 62-agency investigative task force to deal with the 9/11 attacks. Now a private security expert who owns his own firm, Mr. Defenbaugh was identified in this case as an expert witness to testify regarding whether proper safeguards were used in connection with the theft of cellular telephones. Mr. Sparks, while remaining respectful of Mr. Defenbaugh's reputation and abilities, quickly exposed his lack of knowledge as to the manufacture, repair, value, obsolescence, and inventory control procedures related to cell phones - issues critical to his designated testimony. Mr. Sparks also demonstrated the limits of Mr. Defenbaugh's knowledge as to the equipment, software, hardware, inventory procedures, and inventory systems in issue. Mr. Sparks' cross-examination is reproduced in its entirety.