IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF … · 2016-08-11 · 5 in the matter...

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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

WILLIAM ANTHONY COLÓN, :Plaintiff, : CIVIL NO.: 07-1380(JA)

vs :RUBÉN BLADES, ROBERT MORGALO, :MARTÍNEZ, MORGALO & ASSOCIATES, : Defendant(s) :RUBÉN BLADES, :

Cross-Plaintiff, :vs :ROBERT MORGALO-MARTÍNEZ, in his :personal capacity and as owner and :member of MARTÍNEZ, MORGALO & ASSOCIATES,:LLC; MARTÍNEZ, MORGALO & ASSOCIATES, LLC,: Cross-Defendant(s) :ROBERT J. MORGALO, : Consolidated with

Plaintiff : CASE NO: 07-1380(JA)vs :RUBÉN BLADES, RUBÉN BLADES :PRODUCTIONS, INC., :

Defendant(s) : ------------------------------------------

TAKING OF THE DEPOSITION OF:

MR. WILLIAM ANTHONY COLÓN-ROMÁN

DATE : April 21, 2009

TIME : 9:00 A.M.

PLACE : Roberto Corretjer-Piquer, Esq. Law Offices625 Ponce De León Avenue San Juan, Puerto Rico 00917-4819

WILLIAM ANTHONY COLÓN-ROMÁN 2


A P P E A R A N C E S

FOR DEFENDANTS: PAMELA D. GONZÁLEZ-ROBINSON, ESQ.

Roberto Corretjer-Piquer, Esq. Law Offices

625 Ponce De León Avenue

San Juan, Puerto Rico 00917-4819

FOR PLAINTIFFS: JUAN SAAVEDRA-CASTRO, ESQ.

206 Tetuán Street

Old San Juan, Puerto Rico

OTHERS PRESENT SERGEANT ROBERT MORGALO

DEPONENT: MR. WILLIAM ANTHONY COLÓN-ROMÁN

NOTARY PUBLIC: LETICIA AVILÉS-MATOS, ESQ.

COURT REPORTER: MR. RAFAEL A. VEGA-QUIJANO

Vega Reportage



I N D E X

MR. WILLIAM ANTHONY COLÓN-ROMÁN

DIRECT EXAMINATION:

By Attorney González-Robinson: 16

CROSS EXAMINATION:

By Mr. Morgalo: 235

EXHIBIT DESCRIPTION PAGE NO.

Exhibit 001

Copy of one (1) page document,

Notice of Taking of Deposition,

RE: Mr. William A. Colón-Román,

Date unknown. 10

Exhibit 002


Handwritten letter,

Author unknown, Recipient unknown,

Date unknown. 11

Exhibit 003


Contract Offer, M&M Associates,

RE: Mr. William A. Colón-Román/Mr. Rubén Blades,

Date unknown. 50



Exhibit 004

Copy of two (2) page document,

Engagement Contract, M&M Associates,


01/22/2003. 67

Exhibit 005


List of musicians,

RE: Siembra Concert,

Date unknown. 104

Exhibit 006


Photocopy of newspaper article,

“Willie Colón contrademanda a empresario.”,

Date unknown. 111

Exhibit 007


Photocopy of newspaper article,

“Willie Colón defrauda a P.R.”,

Date unknown. 113

Exhibit 008


Cover page/Conferencia de Prensa,


05/02/2003. 147



Exhibit 009


Fax from Mr. William A. Colón-Román

to Mr. Rubén Blades,

05/08/2003. 194

Exhibit 010


List of expenses,

Date unknown. 198

Exhibit 011




RE: “Gilbertito bails Blades & Colón Out.”,

05/13/2003. 200

Exhibit 012


Fax from Mr. Rubén Blades

to Mr. William A. Colón-Román,

RE: “The Problem, General.”,

05/14/2003. 202

Exhibit 013


E-mail from Mr. William A. Colón-Román




Date unknown. 207

Exhibit 014




RE: Bank information/Transfer of funds,

Date unknown. 211

Exhibit 015


Report on Expenses,

RE: May regard show,

As of: 05/16/2003. 215

Exhibit 016


Letter from Pryor Cashman Sherman & Flynn, LLP,

Ms. Anika Lewis,


RE: Concert Help at Hiram Bithorn Stadium,

in San Juan, Puerto Rico, on May 3, 2003,

08/16/2006. 223

Exhibit 017


YAHOO! Noticias,

RE: Article/AP Interview,

”Willie Colón no odia a Rubén Blades”,



03/06/2009. 226

Exhibit 018


Letter from Mr. Rubén Blades

to Ms. Stephanie Ciula,

RE: Incorrect information,

05/09/2000. 236

Exhibit 019


VEA On-line,

RE: Mr. Rubén Blades,

“Su amigo le presta dinero.”,

12/14/2003. 248

Exhibit 020


E-mail from M&M Associates

to Mr. William A. Colón-Román,

RE: “Saludos”,

01/20/2003. 250



1 P R O C E E D I N G S

2 (9:55 A.M.)

3 ATTORNEY GONZÁLEZ-ROBINSON: Good morning everyone. My

4 name is Pamela González-Robinson. I represent Rubén Blades,

5 in the matter William Anthony Colón versus Rubén Blades and

6 others, in the United States District Court for the District

7 of Puerto Rico, Case Number 07-1380(JAG), currently before

8 the jurisdiction of Magistrate Arenas.

9 This is the deposition of Plaintiff, Mr. William

10 Anthony Colón, taken on behalf of the Defendant, in

11 accordance with the Federal Rules of Civil Procedure and the

12 guidelines for Discovery depositions, which were issued by

13 the District Court and attached to the Case Management Order

14 in this case, Docket #9, on October 11, 2007.

15 Today’s date is April 21, 2009. The time is

16 approximately 10:00 A.M. This deposition will be recorded by

17 stenographic means and by audio.

18 The Court Reporter is Mr. Rafael Vega. He will prepare

19 the official transcript in this case. And, will the

20 attorneys and parties please identify themselves.

21 MR. MORGALO: Roberto Morgalo, pro se, representing

22 myself. I’m a Plaintiff against Defendant Blades and a

23 Cross-Defendant in the Willie Colón/Rubén Blades lawsuit.

24 ATTORNEY SAAVEDRA-CASTRO: Attorney Juan Saavedra, on

25 behalf of Plaintiff. Ready to proceed, and also with us Mr.



1 Willie Colón.

2 DEPONENT: Willie Colón.

3 ATTORNEY GONZÁLEZ-ROBINSON: The Notary Public who will

4 administer the oath and swear the Witness is Ms. Leticia

5 Avilés-Matos. She is here by stipulation of the parties, and

6 she will be excused immediately, after swearing in the

7 Witness and the Court Reporter, to return to her other

8 duties.

9 Would the Notary Public please swear in the Witness and

10 the Court Reporter.

11 ATTORNEY AVILÉS-MATOS: Good morning. For the record,

12 this is Leticia Avilés-Matos, acting as Public Notary.

13 If the Witness may please raise his right hand.

14 ATTORNEY SAAVEDRA-CASTRO: You should technically...

15 excuse me... you should swear in the Reporter first.

16 ATTORNEY AVILÉS-MATOS: If the Court Reporter will

17 please raise his right hand and state his full name.

18 COURT REPORTER: Rafael A. Vega-Quijano.

19 ATTORNEY AVILÉS-MATOS: Mr. Quijano (sic), do you swear

20 to record and transcribe a true and correct account of

21 today’s deposition?

22 COURT REPORTER: I so swear.

23 (Whereupon,

24 MR. RAFAEL A. VEGA-QUIJANO

25 was duly sworn as the official Court Reporter of the proceedings



1 held during the act of taking of deposition.)

2 ATTORNEY AVILÉS-MATOS: Thank you. If the Witness may

3 please raise his right hand and state his full name.

4 DEPONENT: William Anthony Colón.

5 ATTORNEY AVILÉS-MATOS: Mr. Colón, do you swear to say

6 the truth and nothing but the truth?

7 DEPONENT: I do.

8 ATTORNEY AVILÉS-MATOS: Thank you. If I may be excused?

9 ATTORNEY GONZÁLEZ-ROBINSON: Yes, thank you, Ms. Avilés.

10 ATTORNEY AVILÉS-MATOS: Have a good day.

11 ATTORNEY GONZÁLEZ-ROBINSON: The Notice of Deposition in

12 this matter has been marked as Exhibit 001, Counsel.

13 ATTORNEY SAAVEDRA-CASTRO: Uh huh.

14 ATTORNEY GONZÁLEZ-ROBINSON: Did you see that?

15 ATTORNEY SAAVEDRA-CASTRO: Yeah, I usually review the

16 documents before they’re marked.

17 (Whereupon, the above-referenced document was marked as

18 Exhibit 001 of the deposition.)

19 ATTORNEY GONZÁLEZ-ROBINSON: And, Mr. Morgalo, you

20 received a copy of the Notice of Deposition in this case?

21 MR. MORGALO: By e-mail, yes, and I read it, yes.

22 ATTORNEY GONZÁLEZ-ROBINSON: The deposition asked

23 Plaintiff to bring any records with him, and Counsel has

24 tendered to me a package of documents. That’s correct,

25 Counsel?



1 ATTORNEY SAAVEDRA-CASTRO: Yes, we previously produced,

2 in this case, documents that we... pursuant either to a

3 document request or Answers to Interrogatories.

4 Subsequently, my recollection is that we supplemented

5 that Production with some documents that are attached to the

6 documents that I’ve given you.

7 But, just in case that was not the case, I brought an

8 extra copy or whatever copy of documents by Mr. Colón.

9 ATTORNEY GONZÁLEZ-ROBINSON: Well, I note here that

10 there are some documents we do not yet have. So, I would ask

11 kindly if you can, Court Reporter, mark that as Exhibit 002.

12 And, here’s two (2) copies.



15 ATTORNEY GONZÁLEZ-ROBINSON: Other housekeeping matters

16 before we commence, Mr. Morgalo has brought with him certain

17 records and documents that we had asked for.

18 He believes they are responsive to our document

19 request. They haven’t been yet reviewed by me or by Counsel

20 for Mr. Colón. But, I will ask him to, later on, identify

21 which documents he brought with him for the record.

22 MR. MORGALO: Just so you know, there’s a lot of

23 information that I have. And, since I’m a novice with this

24 whole legal proceeding, I want to leave it... bring it, and

25 we can review it.

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1 ATTORNEY SAAVEDRA-CASTRO: What we usually do is that we

2 sit... Counsels sit at the end of the day and review them.

3 Any of the documents that they would like to photocopy, we

4 make arrangements with you. I think there’s a couple of

5 photocopying points around here, spots around here, where

6 the parties can get photocopies.

7 MR. MORGALO: I just wanted to bring everything that I

8 had. It may be relevant or not, but I didn’t want to... I’d

9 rather have it not relevant than not have it. So...

10 ATTORNEY SAAVEDRA-CASTRO: That’s okay, thank you.

11 ATTORNEY GONZÁLEZ-ROBINSON: And, Mr. Morgalo, did you

12 bring an index or some sort of log describing the documents?

13 MR. MORGALO: I was going to do it. I spoke to you

14 yesterday, and I had said I would try. I got out at eleven

15 o’clock last night (11:00 P.M.). And, by the time I got to

16 the house at twelve o’clock (12:00), I didn’t get a chance

17 to index or catalogue them. But, before we turn them in,

18 they should be catalogued.

19 ATTORNEY GONZÁLEZ-ROBINSON: Okay, well, Counsel of

20 Record, Mr. Morgalo and I have agreed that the Deponent will

21 have thirty (30) days within which to read and review the

22 transcript after receipt of the same for any errors.

23 Should there be any errors, they need to be identified

24 on a sheet of paper and sent to Counsel for Mr. Blades, so

25 that I can incorporate it to the transcript.

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1 If you fail to send the errata sheet... that’s what

2 it’s called... within those thirty (30) days, the transcript

3 will be deemed read and approved as issued. And, the

4 Defendant will have the right to use it at trial.

5 ATTORNEY SAAVEDRA-CASTRO: Okay, you’re referring to the

6 transcript that’s going to be created from this deposition?

7 ATTORNEY GONZÁLEZ-ROBINSON: Correct.

8 ATTORNEY SAAVEDRA-CASTRO: Right.

9 MR. MORGALO: I didn’t agree to anything. You said that

10 we agreed to...

11 ATTORNEY GONZÁLEZ-ROBINSON: Thirty (30) days is what I

12 thought we had agreed to over the phone.

13 ATTORNEY SAAVEDRA-CASTRO: It has to do with my client’s

14 deposition.

15 MR. MORGALO: Okay.

16 ATTORNEY SAAVEDRA-CASTRO: And, your deposition, when

17 and if it’s taken, will be another matter.

18 MR. MORGALO: Yes, all right, thank you.

19 ATTORNEY GONZÁLEZ-ROBINSON: Also, I purpose we

20 stipulate that all objections, except those that are waived

21 if not made or are necessary to a sort of privilege, are

22 preserved so we don’t have to make those during the course

23 of the testimony.

24 ATTORNEY SAAVEDRA-CASTRO: Well, I do intend to... if

25 you enter into any areas that are oppressive, embarrassing



1 or, otherwise, irrelevant, I will instruct my client not to

2 answer, and we’ll raise those things with Magistrate Justo

3 Arenas, if we have to.

4 ATTORNEY GONZÁLEZ-ROBINSON: Okay, Mr. Colón, there are

5 a series of ground rules associated with a deposition. Have

6 you ever been to a deposition before?

7 DEPONENT: No, I have not.

8 ATTORNEY GONZÁLEZ-ROBINSON: A deposition is basically I

9 will ask you a series of questions about the breach of

10 contract dispute that is the subject of this lawsuit.

11 And, you need to provide accurate and complete answers.

12 You are under oath, and your Attorney will have a chance to

13 make questions at the end of my Examination, as well as Mr.

14 Morgalo.

15 How it works is that you have to answer. And, if you

16 don’t understand the question, then you please say so, and I

17 will either rephrase the question or ask you a different

18 question. If you don’t... do you understand that?

19 DEPONENT: Yeah.

20 ATTORNEY GONZÁLEZ-ROBINSON: Also, everything that you

21 say is going to be taken down by the Court Reporter. So, it

22 is very important that you give verbal answers to my

23 questions.

24 DEPONENT: I see.

25 ATTORNEY GONZÁLEZ-ROBINSON: Non-verbal cues he’s unable



1 to take them down. Do you understand that?

2 DEPONENT: Yes.

3 ATTORNEY GONZÁLEZ-ROBINSON: And, it is important that,

4 if you don’t hear one of my questions, that you say so and I

5 will repeat the question so that you hear it.

6 DEPONENT: Okay.

7 ATTORNEY GONZÁLEZ-ROBINSON: If, at any time, you do not

8 know the answer to a question, just say that you do not

9 know. I don’t expect you to speculate or guess as to any of

10 your answers. Do you understand that?

11 DEPONENT: Yes.

12 ATTORNEY GONZÁLEZ-ROBINSON: And, please wait until I

13 finish my question before answering, and I will wait until

14 you finish your answer to ask the next question. This way

15 the Reporter keeps a clear record of questions and answers.

16 Do you understand that?

17 DEPONENT: Yes.

18 ATTORNEY GONZÁLEZ-ROBINSON: We will try to take a break

19 about every hour to give yourself and the Court Reporter and

20 everyone a chance to refresh themselves.

21 If you need a break prior to that, please request one,

22 and we will take a recess.

23 DEPONENT: Okay.

24 ATTORNEY GONZÁLEZ-ROBINSON: You understand that, at

25 trial, the testimony given here today will be available in



1 written format. And, any discrepancy between your testimony

2 today and your testimony at trial you will be asked to

3 explain that. Do you understand that?

4 DEPONENT: Okay.

5 ATTORNEY GONZÁLEZ-ROBINSON: And, your testimony is,

6 again, being given under oath as if you were in a court of

7 law. The only difference is that we don’t have a judge here

8 present. Do you understand that?

9 DEPONENT: Yes, I do.

10 ATTORNEY GONZÁLEZ-ROBINSON: These rules are intended to

11 assure that, when you answer a question, everybody is

12 assuming that you understood the question and you answered

13 it... your response was intended to answer that question as

14 given. Do you understand that statement?

15 DEPONENT: Yes.

16 ATTORNEY GONZÁLEZ-ROBINSON: The Witness having been

17 duly sworn, we will proceed with the Examination.

18 (Whereupon,

19 MR. WILLIAM A. COLÓN-ROMÁN

20 after having been duly sworn, was examined and testified upon his

21 oath as follows:)

22 DIRECT EXAMINATION

23 BY ATTORNEY GONZÁLEZ-ROBINSON:

24 Q Mr. Colón, can you please state your full name and your

25 address?



1 A William Anthony Colón,

2 .

3 Q How long have you lived there?

4 A Since 1977.

5 Q Continuously?

6 A On and off. I’ve owned the property for all of that

7 time, and I have lived in other places like Mexico for a period

8 of years. No, so not continuously.

9 Q Are you married?

10 A Yes, I am.

11 Q What is your wife’s name?

12 A Julia Colón, Julia Craig.

13 Q How long have you been married?

14 A I know it’s over fifteen (15) years. I think... I don’t

15 remember exactly.

16 Q You don’t remember the day of marriage?

17 A My... we were originally... no, I don’t remember the

18 date. It was in Cancún.

19 Q And, it was in Mexico?

20 A Yes, it was.

21 Q Do you remember what sub-division or county or just

22 Cancún?

23 A It was in Cancún, at festival we were playing there.

24 Celia Cruz was the maid of honor and Johnny Ventura was the best

25 man.



1 Q Was it before a judge or religious...

2 A Before the Mayor of Cancún.

3 Q Did you enter into any prenuptial agreement before you

4 being married to her?

5 A No.

6 Q No. I know that you’ve recently been operated. So, I

7 wanted to ask you is there any reason we cannot do this

8 deposition today?

9 A No, no.

10 Q And, are you under the effect of any alcohol, drugs,

11 medication that would impair your ability to understand or to

12 answer my questions?

13 A No.

14 Q Do you suffer from any medical conditions?

15 ATTORNEY SAAVEDRA-CASTRO: We’re not going to go into

16 that subject. HIPAA rules, laws and regulations forbid you

17 and preclude you from asking questions about the medical

18 condition of my client.

19 ATTORNEY GONZÁLEZ-ROBINSON: This is completely relevant

20 to his testimony.

21 ATTORNEY SAAVEDRA-CASTRO: No, ma’am, we’ll take it up

22 with the Magistrate, if you wish. But, we’re not going to go

23 into his medical condition.


25 Q You may answer the question.



1 ATTORNEY SAAVEDRA-CASTRO: I beg your pardon, Counselor.

2 I’m instructing my client not to answer.

3 ATTORNEY GONZÁLEZ-ROBINSON: I... what is the scope of

4 that instruction?

5 ATTORNEY SAAVEDRA-CASTRO: Anything regarding his

6 medical condition is out of bounds in this deposition. It

7 has nothing to do with this case. It’s a contract case, as

8 you said.

9 ATTORNEY GONZÁLEZ-ROBINSON: Exactly.

10 ATTORNEY SAAVEDRA-CASTRO: Yeah.

11 ATTORNEY GONZÁLEZ-ROBINSON: Okay, please certify the

12 question, Mr. Reporter. We’ll go off the record.

13 (Off the record.)

14 (Brief pause.)

15 (Back on the record.)

16 (Telephone conference.)

17 ATTORNEY GONZÁLEZ-ROBINSON: Pamela González here. I’m

18 deposing Mr. Willie Colón. And, I just asked him whether he

19 suffers from any medical conditions.

20 And, Counsel has instructed the Witness not to answer.

21 His grounds are... Counsel?

22 ATTORNEY SAAVEDRA-CASTRO: Thank you. Yes, Your Honor,

23 HIPAA rules and regulations preclude persons from asking or

24 inquiring about the medical condition of a person.

25 It is a straight and simple contract case. The only



1 damages claimed in this case are strictly monetary arising

2 from that contract breach. And, I don’t see any point about

3 talking, A, about his medical condition, B, whether he’s

4 smoked a joint in 1968 or anything like that. And, I’m...

5 ATTORNEY GONZÁLEZ-ROBINSON: I am not asking that.

6 ATTORNEY SAAVEDRA-CASTRO: Well, I’m anticipating the

7 future. And, I just want to put this thing right off the

8 bat, Your Honor.

9 I don’t think his medical condition has anything to do

10 with this.

11 HONORABLE JUDGE JUSTO ARENAS: Wait. Is the Deponent

12 present?

13 ATTORNEY SAAVEDRA-CASTRO: Yes, Your Honor. Would you

14 like me to excuse him?

15 HONORABLE JUDGE JUSTO ARENAS: Yeah.

16 ATTORNEY GONZÁLEZ-ROBINSON: Please step outside.

17 (PAUSE)

18 ATTORNEY SAAVEDRA-CASTRO: By the way, Your Honor,

19 Sergeant Morgalo is also with us.

20 MR. MORGALO: Good morning, Your Honor.

21 HONORABLE JUDGE JUSTO ARENAS: Hi. How are you?

22 MR. MORGALO: Pretty good.

23 HONORABLE JUDGE JUSTO ARENAS: Okay.

24 ATTORNEY GONZÁLEZ-ROBINSON: Your Honor, I don’t believe

25 the objection is proper under Rule 30. This question is



1 directed as to whether he has the ability to testify today

2 at this deposition. And, it is also relevant with respect to

3 his state of mind at the time he allegedly entered into the

4 contract that is the subject of this case.

5 HONORABLE JUDGE JUSTO ARENAS: Well, it’s the state of

6 mind in terms of whether or not he was suffering some kind

7 of defect or something.


9 HONORABLE JUDGE JUSTO ARENAS: Like something organic.

10 ATTORNEY GONZÁLEZ-ROBINSON: Yes, or was under a

11 treatment that impaired his ability to...

12 HONORABLE JUDGE JUSTO ARENAS: Well, is that going to

13 be... well, I...

14 ATTORNEY GONZÁLEZ-ROBINSON: It may. This is a Discovery

15 deposition.

16 HONORABLE JUDGE JUSTO ARENAS: I understand that, and I

17 am completely in agreement with you. And, things that are

18 irrelevant... you know... there’s an objection and there’s

19 an objection as to form or just privilege.

20 But, otherwise, people have to answer questions.

21 ATTORNEY SAAVEDRA-CASTRO: Your Honor, the...

22 HONORABLE JUDGE JUSTO ARENAS: It might be something

23 relevant there, and I don’t know where it’s going. So, in

24 general, Ms. González is correct.

25 And, I’m just... I just... you know... now that I’m on



1 the phone, I don’t want to do that either because then I

2 vary from my normal way of ruling.

3 ATTORNEY SAAVEDRA-CASTRO: Your Honor...

4 HONORABLE JUDGE JUSTO ARENAS: There might be something

5 as to relevant evidence. I allow it and you object, and we

6 go on.

7 ATTORNEY SAAVEDRA-CASTRO: Your Honor, my recollection

8 is that the practice before Your Honor and the Court is that

9 oppressive questions...

10 HONORABLE JUDGE JUSTO ARENAS: I don’t find it

11 oppressive. That’s the problem. I mean it may be to

12 something... you know... some kind of subterfuge involved

13 and then there is. But, I don’t see...

14 ATTORNEY SAAVEDRA-CASTRO: I do anticipate one, Your

15 Honor. I can agree that the mental condition... the medical

16 condition may be relevant, may lead to relevant information,

17 of his condition in 2003, when the agreement was made.

18 But, I anticipate that this Attorney is going to enter

19 into any prior use of any drugs outside that relevant

20 period. And, the only relevant period here is 2003 forward.

21 I don’t want to go into anything regarding any part...

22 HONORABLE JUDGE JUSTO ARENAS: Will you wait a second.

23 Ms. González, can you give me a time frame at least for

24 this?

25 ATTORNEY GONZÁLEZ-ROBINSON: 2003 up to the present.



1 HONORABLE JUDGE JUSTO ARENAS: That’s the time frame,

2 2003 up to...

3 ATTORNEY GONZÁLEZ-ROBINSON: Since January 1, 2003

4 through the present.

5 ATTORNEY SAAVEDRA-CASTRO: Well, you see, Your Honor,

6 the contract was entered into in or around April... May,

7 2003. I can agree that the period relevant would be January

8 to May, 2003.

9 What his medical condition is today doesn’t have

10 anything to do with what happened in May, 2003. He has

11 already testified under oath that he is not taking any drugs

12 or anything that impedes his ability to testify.

13 I just don’t want to go into other...

14 HONORABLE JUDGE JUSTO ARENAS: Oh, I... but I

15 understand, and I don’t want to get another phone call like

16 this. I’m not being disrespectful.

17 ATTORNEY GONZÁLEZ-ROBINSON: I totally understand. And,

18 I proposed that we, as the rules provide, preserve any

19 objections for trial.

20 HONORABLE JUDGE JUSTO ARENAS: But, you’re correct, Ms.

21 González, you’re absolutely correct. Okay? You really are. I

22 mean I don’t know how many times I have to tell you.

23 ATTORNEY GONZÁLEZ-ROBINSON: Thank you.

24 HONORABLE JUDGE JUSTO ARENAS: And, when I rule as to

25 relevancy, that’s preserved. I just... you know... the only



1 thing that I ever do is that, if something absolutely makes

2 no sense... but everything is in hindsight... then I can

3 see.

4 ATTORNEY SAAVEDRA-CASTRO: I just don’t want to go into

5 really, really, outside the time scope.

6 HONORABLE JUDGE JUSTO ARENAS: But, nobody is really...

7 there’s no purpose to it. You know, there has to be a

8 purpose to it, but Ms. González knows that too.

9 ATTORNEY SAAVEDRA-CASTRO: Very well. Thank you, Your

10 Honor. I appreciate that.

11 HONORABLE JUDGE JUSTO ARENAS: I don’t know what else...

12 you know... I don’t know how else to rule.

13 ATTORNEY SAAVEDRA-CASTRO: I will concede...

14 HONORABLE JUDGE JUSTO ARENAS: That’s basically my

15 ruling.

16 ATTORNEY SAAVEDRA-CASTRO: Yes, Your Honor, I just... I

17 think the ruling of the Court is very clear about the

18 relevancy and the time period that we’re looking at, and I

19 have no problem with that, Your Honor.

20 I just don’t want any oppressive...

21 HONORABLE JUDGE JUSTO ARENAS: And, remember, also part

22 of the ruling is I’m not making a pre-judgement. I don’t

23 know if something might be relevant or relate.


25 HONORABLE JUDGE JUSTO ARENAS: I don’t know.



1 ATTORNEY SAAVEDRA-CASTRO: Yes, Your Honor, I’m just...

2 I agree. And, I think that, if and... I hope this doesn’t...

3 I think... I hope this doesn’t arise. But, I just don’t want

4 to be talking about smoking a joint in 1968.

5 HONORABLE JUDGE JUSTO ARENAS: Let’s not even go there.

6 ATTORNEY SAAVEDRA-CASTRO: Okay, cool. Thank you.

7 HONORABLE JUDGE JUSTO ARENAS: Fine. Good luck.

8 ATTORNEY GONZÁLEZ-ROBINSON: So, the Witness must answer

9 the question, Your Honor?

10 HONORABLE JUDGE JUSTO ARENAS: I’m sorry?

11 ATTORNEY GONZÁLEZ-ROBINSON: The Witness is to answer

12 the question?

13 ATTORNEY SAAVEDRA-CASTRO: Yes, Your Honor, I agree.

14 HONORABLE JUDGE JUSTO ARENAS: Yes.

15 ATTORNEY SAAVEDRA-CASTRO: Thank you.


17 HONORABLE JUDGE JUSTO ARENAS: Okay? So, you can tell

18 him that.



21 HONORABLE JUDGE JUSTO ARENAS: Okay, bye, bye.

22 (PAUSE)

23 ATTORNEY SAAVEDRA-CASTRO: Repeat the question, please.

24 A Can I just go back to the marriage thing? Okay? Because

25 I had a little time to think about it.




2 Q Yes.

3 A Julia and I eloped in 1977, on Thanksgiving. So, we

4 always count Thanksgiving as our anniversary, no matter what day

5 it falls on. So, that’s why.

6 But, then we got married in 1991, in Cancún. So, it’s

7 about eighteen (18) years that we’ve been legally married, and

8 we’ve been living together for about thirty-three (33) years.

9 Q Did you ratify that marriage anywhere else?

10 A Other than Mexico?

11 Q Other than Mexico.

12 A No.

13 Q So, your actual Certificate of Marriage is from Cancún,

14 Mexico?

15 A Cancún, Mexico, yes.

16 ATTORNEY GONZÁLEZ-ROBINSON: Okay, with respect to the

17 question, do you want me to repeat it or do you want the

18 Court Reporter to do that?

19 ATTORNEY SAAVEDRA-CASTRO: I think you should just

20 repeat it.


22 Q Do you suffer from any medical conditions?

23 A

24

25 Q Do you take any medication for those conditions?



1 A

2 Q What do you take?

3 A

4 Q And, for the ?

5 A

6

7

8 Q ?

9 A .

10 Q

11 A

12

13 Q Do you remember when you were diagnosed with... which

14 one is recent?

15 A

16

17 Q Do you know the name of your physician?

18 A Yeah.

19 Q What is his name?

20 A

21 Q How do you spell that last name?

22 A He’s been my doctor since I’m about

23 sixteen (16) years old.

24 Q Where is his office?

25 A .



1 Q Did you suffer from any medical conditions in the year

2 2003 that you remember?

3 A No.

4 Q Do you wear glasses?

5 A No.

6 Q Contact lenses?

7 A No.

8 Q Have you ever worn glasses before?

9 A Yeah, I need them for... if I want... for driving, for

10 farsighted, but I read fine. And, it’s not something... I tried

11 wearing them for a while for driving and stuff, but I keep losing

12 them. So, I just got a GPS.

13 Q Do you have any children?

14 A Yes, I have four (4) boys.

15 Q What are their names and ages, please?

16 A William Colón, he’s forty-three (43), Diego Colón, he’s

17 twenty-eight (28), Alejandro, he’s twenty-six (26), and Antonio

18 is going to be twenty (20). He’s nineteen (19) now.

19 Q And, are they all born to the marriage of you and Ms.

20 Julia?

21 A No, the oldest one is from a previous... well,

22 previous.

23 Q Were you married before?

24 A No.

25 Q Tell me how you met Mr. Pablo Rodríguez-Colorado?



1 A He was a friend of an old buddy of mine from the...

2 that used to play timbales, a guy named Louie Torres. And, on one

3 of the trips that we came here, I think he was accompanying

4 Louie. And, I think that’s the first time I met him.

5 Q Do you remember the year?

6 A It’s a long time ago. I can’t.

7 Q More than twenty (20), more than twenty (20) years?

8 A I’d say it’s more than fifteen (15).

9 Q How did you develop a friendship with Mr. Rodríguez-

10 Colorado?

11 A He was... you know... just in conversations. He was

12 very interesting. He was a very... he’s an intelligent person,

13 and he’s got a good education. You know, just from the

14 conversations. I enjoyed speaking to him, and it just developed.

15 It was kind of an organic kind of thing (phonetic).

16 But, he had really nothing to offer me, other than...

17 you know... he seemed to be a very good, honest, straightforward

18 person.

19 Q Your meeting was here, in Puerto Rico, your initial

20 meeting?

21 A Yes.

22 Q Did he subsequently visit you in New Rochelle?

23 A He has visited me, yes.

24 Q Approximately, how many times?

25 A Maybe four (4) or five (5) times.



1 Q Has he traveled with you?

2 A On occasion, yeah.

3 Q About how many times?

4 A Maybe about the same. I’d say four (4) or five (5)

5 times.

6 Q How often do you speak to each other?

7 A Maybe, at least, once a month.

8 Q And, he’s a godfather, a compadre?

9 A Yes.

10 Q Who is... which son did he baptize?

11 A Miguel... Alejandro.

12 Q Where was that?

13 A It was here, in Puerto Rico.

14 Q What year?

15 A I don’t know. I’d have to guess. It’s maybe 1985 or

16 ‘86.

17 Q When was the last time you spoke to Mr. Rodríguez-

18 Colorado?

19 A Yesterday.

20 Q Yesterday. What did you say to him and what did he say

21 to you?

22 A I asked him to pick me up at the airport, and he took

23 me to go and rent a car.

24 Q Did you talk about this case?

25 A Well, he knew what I was going to do, but we didn’t



1 speak about what I... you know... anything else about it in

2 particular.

3 Q Did he take you to the rental car?

4 A Yeah.

5 Q What happened after?

6 A He went to pick up his wife. His wife... his mother-in-

7 law had an accident and she was at some clinic, and he went to

8 pick his wife and mother-in-law up.

9 Q What time did you arrive yesterday?

10 A Nine, forty-five (9:45).

11 Q Do you keep any personal diaries or records in general?

12 A Not a personal diary, no.

13 Q And, in your search for documents in response to the

14 Notice to Produce, where did you search?

15 A I went through my computers, I went through my paper

16 files... you know... physical... you know... paper files. That’s

17 about it. I may have done some searches on the Internet to see if

18 I could... and that’s how I found Martínez.

19 Q What Martínez?

20 A Arturo Martínez.

21 Q What did you find about him?

22 A Well, we were trying to find out where he was.

23 Q When did you find out where he was?

24 A Well, they were telling me that he was in jail, so...

25 Q Was that after you filed this lawsuit or before?



1 A After, it was after.

2 Q Do you have an office somewhere?

3 A Yes.

4 Q Where is your office located?

5 A It’s in my home.

6 Q How long has your office been there?

7 A For as long as I’ve lived there, except when I lived in

8 Mexico, and then I had the office in Mexico.

9 Q Do you have any secretary or assistant?

10 A Yes.

11 Q Which one?

12 A Ernesto Hernández.

13 Q Does he work from your office?

14 A Yes.

15 Q How long has he worked for you?

16 A About ten (10) years.

17 Q What are his duties?

18 A He’s an Executive... I mean an Executive Assistant,

19 whatever has to be done.

20 Q So, answer phone calls?

21 A He’ll do follow-up phone calls, he’ll do just about

22 everything.

23 Q Does he read your correspondence?

24 A Some.

25 Q Does he write letters for you?



1 A Occasionally.

2 Q Do you have a filing system?

3 A Yeah.

4 Q Can you please describe how that filing system works?

5 A Well, first of all, a lot of it is in the computer. The

6 computer will file stuff chronologically and alphabetically.

7 And, the hard copy is filed... you know... in a file

8 cabinet with... in folders.

9 Q How many computers do you own?

10 A Probably, three (3).

11 Q Are the three (3) computers in that office that you

12 work out of?

13 A Yeah.

14 Q Is there one that you use exclusively or not?

15 A Yeah, one is mine.

16 Q Does anybody else have access to that computer?

17 A Not really, no. Somebody might jump on it... you

18 know... but really it’s my computer.

19 Q Are they desktop computers or portable?

20 A Yes, desktop.

21 Q Do you own any laptops?

22 A Yes.

23 Q Did you search... how many laptops do you own?

24 A Just one (1).

25 Q So, there’s three (3) desktops and one (1) laptop?



1 A There’s two (2) desktops and one (1) laptop, just three

2 (3).

3 Q Did you search all three (3) computers for records

4 related to this case?

5 A Yeah.

6 Q And, that’s including e-mails?

7 A Yeah, but Rubén doesn’t use e-mail. Any correspondence

8 from Rubén would usually arrive in a fax because he’s not... he’s

9 very techno-phobic.

10 Q And, you are a computer programmer, correct?

11 A Yes.

12 Q How long have you been a computer programmer?

13 A Since the 1980's.

14 Q Have you... what projects have you worked on, other

15 than for yourself?

16 A I’ve written software, like accounting software.

17 Q For commercial purposes?

18 A Yeah.

19 Q What is your approximate gross annual income?

20 A Before expenses and taxes or what?

21 Q Yes, before.

22 A

23 Q That was for tax year 2008?

24 A Yeah.

25 Q How many corporations do you own?



1 A Just one (1).

2 Q Is that El Malo, Inc.?

3 A Uh huh.

4 Q When was that incorporated?

5 A I’m not sure now.

6 Q Do you know what State or place of the incorporation?

7 A New York State.

8 Q Are you the primary shareholder of that corporation?

9 A Yes.

10 Q What are your official titles? Are you President?

11 A Yes.

12 Q Do you hold any other titles?

13 A No.

14 Q Are there any other principal shareholders in that

15 corporation?

16 A Well, my wife and I are partners.

17 Q Is it... okay. Mr. Colón, what does George Nenadich

18 know about this case?

19 A What does he know?

20 Q Yes.

21 A He knows that Martínez, Morgalo represented... that

22 Martínez, Morgalo and Rubén were a sort of partnership.

23 Q When you say they were “a sort of partnership”, what do

24 you mean?

25 A That means that they were occupying the same space,



1 that they shared expenses, that they presented themselves... you

2 know... that Rubén presented Martínez, Morgalo as his

3 representatives.

4 MR. MORGALO: Can I object a second or is that not

5 allowed?

6 ATTORNEY SAAVEDRA-CASTRO: You can object, but usually

7 the objection is not before the answer is... the objection

8 is to the question, not to the answer.

9 MR. MORGALO: No, my objection is to the question. I

10 just didn’t know if I could... if I was allowed to object.

11 And, maybe it’s not an objection, rather than a

12 clarification, if that’s okay.

13 ATTORNEY SAAVEDRA-CASTRO: No, that’s not proper.

14 ATTORNEY GONZÁLEZ-ROBINSON: No.

15 MR. MORGALO: Okay, I apologize.


17 Q How long have you known George Nenadich?

18 A Probably, since the early ‘80's, 1980's.

19 Q How do you know him?

20 A He worked with a record company.

21 Q What record company?

22 A I know he was with Warner. I don’t know if he was

23 with... see, in this business, the same guys go bouncing around

24 from company to company. I don’t remember exactly what company he

25 was with.



1 But, also I had seen him around at the gates and stuff.

2 He’s kind of part of the scenery. You know, he’s been around a

3 while, on the New York scene, as a promoter and as a record

4 promoter also. So, I’ve seen him around a lot.

5 Q Do you know what his relationship is to Martínez,

6 Morgalo & Associates?

7 A No, I don’t. I don’t know if he has one. He says that

8 he had done some business with them, but... you know... I don’t

9 know what.

10 Q So, other than knowing about the partnership with Rubén

11 Blades and Martínez, Morgalo & Associates, what else does George

12 Nenadich know?

13 MR. MORGALO: I object to that. It’s speculative.


15 Q You may answer, you may answer.

16 MR. MORGALO: But, it’s speculative. He speculating on

17 what someone else would know. Isn’t that hearsay? I’m just

18 asking.

19 ATTORNEY GONZÁLEZ-ROBINSON: Hearsay is not a proper

20 objection.

21 MR. MORGALO: Well, he’s speculating. Then, it’s

22 speculation. He’s speculating what George Nenadich would

23 know.

24 ATTORNEY SAAVEDRA-CASTRO: I think that’s a very good

25 objection.




2 Q You may answer.

3 MR. MORGALO: Thank you.


5 Q You may answer.

6 ATTORNEY SAAVEDRA-CASTRO: I’m sorry, go ahead.

7 MR. MORGALO: You can answer it. I just objected. That’s

8 all.

9 A Do I answer?

10 ATTORNEY SAAVEDRA-CASTRO: Yes, you can...

11 MR. MORGALO: Yes.

12 ATTORNEY SAAVEDRA-CASTRO: ... proceed, unless I

13 instruct you not to answer.

14 A Now, what was the question again?


16 Q The question is how does George Nenadich... what else

17 does George Nenadich know?

18 A Well, that’s a hard question to answer. I can’t... you

19 know... yeah, it’s hard for me to say. I know that, at one point,

20 we had spoken about it, and he had... in conversation, he had a

21 lot of some... he had some knowledge of having worked with them

22 and just the dynamics of the relationship in the office.

23 Q When you say “we had” talked “about it”, what did you

24 talk about in particular?

25 A I spoke... you know... I asked him about Martínez,



1 Morgalo... you know... as... oh, okay. The one time that I ever

2 went over to the office, Mr. Morgalo was not there. Mr. Martínez

3 was there and Nenadich was there, and ‘Nando’ Alvaricci was there

4 also.

5 And, that was just... oh, who else... I can’t remember

6 anybody else... but those guys. And, I’m wondering... and I was

7 just kind of trying to figure out what’s... what was going on.

8 So, I asked him “What are you doing here? What’s going

9 on?”, and he told me what he knew then. And, when this came up, I

10 had lost contact with him.

11 Q With George Nenadich?

12 A Yeah, I didn’t know where he was. And, then, by chance,

13 he came up again. I met him somewhere. And, then... you know...

14 Q Where did you meet him?

15 A Where did I meet him?

16 ATTORNEY SAAVEDRA-CASTRO: Where did he meet Mr.

17 Nenadich?

18 ATTORNEY GONZÁLEZ-ROBINSON: Yes.

19 ATTORNEY SAAVEDRA-CASTRO: The first time or in this

20 particular...

21 A The second time?


23 Q The second time.

24 A I think it was a phone call. He called, and I think he

25 was working with the Parks Department or something. And, he was



1 going to do some events in the park.

2 And, since he knows that I work with the Mayor’s

3 Office... you know... he was asking me to drop by to do a... you

4 know... some kind of... so I asked him about Martínez, Morgalo.

5 And, I reminded him about the time that I met him down

6 there. And, he had a lot to say about... you know... that he had

7 worked in the office somehow with them for something.

8 Q But, please tell me everything you remember about what

9 he told you during that conversation?

10 A Well, he told me that Rubén was... had to do with

11 paying the bills there. He said that Rubén had to do with paying

12 the bills, and that there was... that they were having money

13 troubles there, that the money was disappearing or something.

14 And, that Rubén was very frustrated, very angry, with

15 what was going on.

16 Q What time frame was he talking about?

17 A This was before 2003.

18 Q Did he mention Mr. Roberto Morgalo?

19 A He said that... yeah, he mentioned Morgalo, but he said

20 that Morgalo wasn’t there. That he had come down, in uniform, and

21 that he was... you know... he shipped out somewhere.

22 And, basically... you know... he was... he had somebody

23 meet him. I can’t remember who it was, but somebody met him at

24 the office and Morgalo was in uniform. And, that was the day that

25 he kind of left the office.



1 Q Was that before the concert?

2 A Yeah, it was before the concert.

3 Q Do you remember when?

4 A No.

5 Q Was it in 2003?

6 A I don’t think so. No, because... no, because, if it was

7 before the concert and the concert was in April, I think it was

8 probably in.. I think he was talking about 2002.

9 Q Did he mention anything in specific about the money

10 that was owed to yourself?

11 ATTORNEY SAAVEDRA-CASTRO: In 2002?


13 Q During the conversation that you had with him?

14 A No, but which money, from the concert?

15 Q The second time.

16 A From this one, the concert, from the thing with me and

17 Rubén?

18 Q Yes.

19 A No.

20 Q Is he aware that you filed a lawsuit?

21 A The whole world is aware about it. You know, Rubén

22 does... makes public statements every... at least once a month

23 about it. I never spoke about it. I tried to keep this between me

24 and him, but... you know... he kept going to the press.

25 Q When you say you “tried to keep this” between you and

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1 him, can you tell me how you did that?

2 A What I did is I tried... I reached out to Rubén through

3 the girl that does his website... what’s her name... Allison, and

4 I reached out to Juan Toro, who I knew was working with him.

5 I spoke to José Massó, up in Boston. I’ve sent him

6 faxes and e-mails to the Board of Tourism.

7 Q Did you bring any of those faxes or e-mails with you

8 today?

9 A No, I didn’t, I didn’t. But, they were never answered.

10 They were never even acknowledged. So... you know... I...

11 Q Do you have copies of those faxes or e-mails?

12 A I might be able to dig some up, yeah.

13 Q So, there may be more documents than what you have

14 produced today or so far in this case?

15 A The... those... the e-mails or faxes that I would send

16 him would not mention anything explicitly. They would be just

17 like “Hello. Hi. Drop me a line.”, because I didn’t want to

18 discuss this with anybody externally... I mean outside of the

19 situation.

20 When I told Allison “Just tell Rubén to call me.”, I

21 didn’t... you know... I didn’t tell anybody why for two (2)

22 reasons.

23 I don’t want to have this all over the street. And,

24 number two, I didn’t want to have him not reject my call because

25 he knows why I’m calling. So...

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1 Q So, there may be more e-mails or faxes related to your

2 attempts...

3 A You know what? I looked through my... I’m sorry, okay,

4 go ahead.

5 Q ... related to your attempts to contact Mr. Blades?

6 A If it’s not... if I didn’t present it, then it’s not

7 around. I don’t think we should wait around for any other papers

8 to come up because I brought everything that I could find. And,

9 there’s no reason why I wouldn’t have brought it. So...

10 Q Who else would have copies of those faxes or e-mails

11 that you sent?

12 A Somebody in Rubén’s office, if they didn’t just throw

13 it in the garbage. I don’t know. That’s it.

14 Q What about on your side, did you destroy those e-mails?

15 A We had a meltdown where I had to... we had to kind

16 of... what do you call it... save some of the hard drive and

17 whatnot, and we lost some data.

18 Q What about the faxes, did you not keep copies?

19 A Yeah, but the system that we use with the faxes is a...

20 it’s an Internet fax system. So, the faxes are on the hard drive

21 as data also.

22 Q When was this meltdown?

23 A We don’t... huh?

24 Q When did this meltdown occur?

25 A I don’t know, I’d say about a year (1) ago.



1 Q Had the lawsuit already been filed?

2 A Yeah, probably, yeah.

3 Q Do you not have any backup servers that save your

4 information?

5 A Well, now we do.

6 Q When did you talk to Allison, approximately?

7 A I sent her an e-mail. It was maybe six (6) years ago.

8 Q Around April of 2003?

9 A No, no, no, no, three (3) years ago.

10 Q April of 2006?

11 A Yeah.

12 Q Was it one (1) e-mail or various e-mails?

13 A Maybe two (2) e-mails.

14 Q What was the subject matter of the e-mails?

15 A I was asking her to please tell Rubén to call me.

16 Q Did you say what it was about?

17 A No.

18 Q He was the Minister of Tourism by that time, correct?

19 A Yes.

20 Q Did she answer the e-mails?

21 A Yes, she did.

22 Q What did she say?

23 A She gave me some e-mail address that didn’t... I didn’t

24 get any response from.

25 Q She gave you an alternative e-mail account to...



1 A She gave me an e-mail address, one (1) e-mail address.

2 I think it was sarabar (phonetic) or something. But I lost that

3 e-mail... I lost Allison’s e-mail. I wasn’t able to get it out of

4 the computer.

5 Q Did you ever send an e-mail to that alternate address

6 she provided?

7 A Yeah.

8 Q When did you do that?

9 A As soon as she gave it to me.

10 Q Did she respond soon after you sent her the original e-

11 mail?

12 A It took her a little while to respond, but... you

13 know... it was about two (2) weeks. I don’t know, two (2) weeks,

14 a month (1) afterwards, not immediately.

15 Q What e-mail account did you use to send the e-mail to

16 Allison and to the other people?

17 A On a website that she keeps for Rubén.

18 Q No, I’m saying what e-mail account did you use to send

19 your e-mail to her?

A To her, probably 20

21 Q Who maintains that e-mail? Who is the provider of the

22 Internet for e-mail?

23 A Well, Apollo Hosting.

24 Q Is that a private entity?

25 A Uh huh, in Atlanta, Georgia.



1 Q Do they have other clients?

2 A Oh, yeah.

3 Q And, your testimony is that you do not have copies of

4 the e-mails you sent?

5 A No.

6 Q What about the communication to Juan Toro, when was

7 that and how?

8 A Many, many times. But, one, in particular, I was

9 playing at a club in Mexico City called La Maraca, and Juan was

10 accompanying Jerry Rivera.

11 And, Juan gave me another... you know... bogus e-mail.

12 I forgot what that was. But, I wasn’t able to get through with

13 that either. I got no response.

14 Q And, what, if anything, did you say to Juan Toro about

15 it?

16 A I told him “I’m trying to get in touch with Rubén.”. By

17 now, everybody knows that we have a lawsuit. And, he says

18 “Look...”... so I said “Do you have any way I can get in touch

19 with him?”.

20 So, obviously, Juan just wanted to get me off his back,

21 and he gave me some e-mail that didn’t work because I received no

22 response from it.

23 And, then... you know... they’re still working

24 together. So...

25 Q So, you reached out to Juan Toro after you filed the



1 lawsuit?

2 A Yes.

3 Q Not before?

4 A Not before.

5 Q What about José Massó?

6 A José Massó, before the lawsuit, when I was working up

7 in Boston.

8 Q When was that?

9 A I was... I did a concert in Cambridge, Massachusetts. I

10 don’t have the date, but I can get you the date. I mean it’s a

11 matter of record.

12 ATTORNEY GONZÁLEZ-ROBINSON: Counsel, can we stipulate

13 that we can find out that date within ten (10) days?

14 ATTORNEY SAAVEDRA-CASTRO: I have no idea how soon I can

15 get it, but we’ll do our best to get it as soon as possible.


17 Q What is José Massó’s relationship to Rubén Blades?

18 A He’s like his right-hand man up there, in Boston.

19 They’re almost like family.

20 Q And, what did you say to him and what did he say to

21 you?

22 A I told him “Oye, tell Rubén to call me. I’ve got to

23 talk to him.”. And, he said “Well...”... you know... yeah, he

24 said he would tell him.

25 Q Did you tell him the reason for wanting to talk to him?



1 A I don’t think we discussed it. There was a lot of...

2 his wife was there. There was a lot of other people around. No, I

3 didn’t tell him.

4 Q So, these attempts to reach Mr. Blades out of the

5 courthouse setting, your testimony is that it was through these

6 individuals and you did not tell them the reason for wanting to

7 talk to him?

8 A No, no.

9 Q Did you try to reach Mr. Blades directly?

10 A Yes, I did.

11 Q How?

12 A I tried calling him.

13 Q Where?

14 A At APAT (phonetic), or whatever the name of that thing

15 is.

16 Q At the Instituto Panameño de Tourismo?

17 A Yeah, because none of his old numbers were any good.

18 Q How many times did you try calling him at his work?

19 A Three (3) or four (4) times.

20 Q And, what time frames? From, approximately, what year

21 or what month?

22 A After we did the concert, I gave him maybe eight (8)

23 months or so. I was waiting for him... for the dust to settle.

24 So, like over eight (8) months after the concert. So, we’re

25 talking about 2004.

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1 Q So, the three (3) and four (4) attempts to call him

2 were in 2004?

3 A Yeah.

4 Q Is there anyone else that may know something about this

5 case?

6 ATTORNEY SAAVEDRA-CASTRO: Meaning other than who...

7 ATTORNEY GONZÁLEZ-ROBINSON: Other than the...

8 ATTORNEY SAAVEDRA-CASTRO: ... may know it through the

9 press. That’s not really what you mean. You don’t mean

10 everybody who’s read the newspapers?

11 ATTORNEY GONZÁLEZ-ROBINSON: No, anyone that he knows

12 that may have knowledge firsthand of the facts of this case.

13 A Other than... see, I was outside of the ring of even

14 the contract or the money. Because... you know... the money went

15 from Ariel to Martínez and Rubén. So, I wasn’t even in on the...

16 that part of it.

17 So, as time went on, I started learning stuff. And,

18 everyday I’m surprised by the things that I see. They’re really,

19 really surprising.


21 Q Can you give an example?

22 A Well, I had one (1) contract that said one thing, and

23 then I saw another contract that had another... you know...

24 something else on it.

25 There’s only supposed to be one (1) contract when you

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1 make a deal. I mean you’re not supposed to have different

2 contracts for every person. You know, that really surprised me.

3 Q Do you have a signed copy the contract you signed?

4 A I have the contract that I... no, no, I don’t, I don’t.

5 I have that contract that was offered to me and the contract that

6 I went by.

7 And, then I saw a different contract yesterday. It was

8 different. It said something about some money being accepted in

9 April of 2002. I didn’t even know there was a gig then.

10 MR. MORGALO: I’d like to see a copy of that.

11 ATTORNEY GONZÁLEZ-ROBINSON: Mr. Court Reporter, could

12 you mark this as Exhibit 003, please.



15 ATTORNEY SAAVEDRA-CASTRO: Could I see it first?

16 Usually, you show it first to Counsel.

17 ATTORNEY GONZÁLEZ-ROBINSON: I’m just marking it,

18 Counsel.

19 ATTORNEY SAAVEDRA-CASTRO: Well, that’s fine. But,

20 usually, before...

21 ATTORNEY GONZÁLEZ-ROBINSON: You could’ve seen the

22 marked copy.

23 ATTORNEY SAAVEDRA-CASTRO: Actually, Counsel, before you

24 mark it...

25 ATTORNEY GONZÁLEZ-ROBINSON: I haven’t shown the

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1 Witness.

2 ATTORNEY SAAVEDRA-CASTRO: Before you mark it, you show

3 it to Counsel.

4 ATTORNEY GONZÁLEZ-ROBINSON: That’s a copy for the

5 Witness.

6 ATTORNEY SAAVEDRA-CASTRO: Okay, are we going to follow

7 the protocol, Counsel, the one that is usually followed in

8 this Court?

9 ATTORNEY GONZÁLEZ-ROBINSON: Mr. Morgalo, I have a copy

10 for you.

11 ATTORNEY SAAVEDRA-CASTRO: Excuse me, Counsel, I haven’t

12 finished looking at it.

13 ATTORNEY GONZÁLEZ-ROBINSON: I’m showing you a copy

14 before I’m showing it to the Witness.

15 ATTORNEY SAAVEDRA-CASTRO: Thank you, Counsel, thank

16 you, Counsel. Here.


18 (PAUSE)

19 (Revision of document by Counsel and Mr. Morgalo.)


21 Q Mr. Colón...

22 ATTORNEY SAAVEDRA-CASTRO: I haven’t finished reading

23 it, ma’am. When I finish, I’ll tell you. Okay?

24 (PAUSE)

25 (Continued revision of document by Counsel.)



1 ATTORNEY GONZÁLEZ-ROBINSON: Mr. Saavedra, you don’t

2 need...

3 ATTORNEY SAAVEDRA-CASTRO: Ma’am, I haven’t finished.

4 ATTORNEY GONZÁLEZ-ROBINSON: ... to see the exhibit

5 before I show it to the Counsel... I mean to the Witness.

6 ATTORNEY SAAVEDRA-CASTRO: Ma’am, yes, you just told...

7 Counselor, you just told me you were going to allow me to

8 see it before showing it to the Witness. I haven’t finished

9 reading it. As soon as I finish reading it, you can show it

10 to the Witness.

11 ATTORNEY GONZÁLEZ-ROBINSON: Well, we’ll be here.

12 However, this is a delay.

13 (PAUSE)

14 (Continued revision of document by Counsel.)

15 MR. MORGALO: I’ve never seen this before. What is this?

16 What’s the date of this? When was this done?


18 Q Mr. Colón, can you please take a look at what I’ve

19 marked as Exhibit 003?

20 (PAUSE)

21 (Revision of document by Deponent.)

22 A Yeah.


24 Q Now, that document is a Contract Offer. Is that

25 correct?

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1 A Yeah.

2 Q And, do you recognize that document?

3 A I’ll tell you I’ve seen so many different contracts now

4 I can’t tell you. I recognize some of the facts in it. I can’t

5 tell you if I saw this particular document before.

6 Q Do you remember receiving or reviewing an offer from

7 Martínez, Morgalo & Associates for that show that’s specified in

8 Exhibit 003?

9 A The first time I heard about this show was from a phone

10 call from Rubén Blades, not from this offer.

11 Q But, my question is whether you remember reviewing an

12 offer with such terms as contained in Exhibit 003?

13 A Three hundred and fifty thousand dollars ($350,000.00),

14 yeah.

15 Q And, it has a date, right, for the concert?

16 A Yeah, it has a date for the concert.

17 Q What is the date?

18 A May 3, 2003.

19 Q How was that date agreed, the date for the show?

20 A How was it agreed? I guess it’s according to Rubén and

21 my availability. I don’t remember the exact process. We came to a

22 date that everybody was free, and the promoter had the venue

23 available.

24 Q Who sent you the details contained in that offer,

25 whether it was that document or another document?

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1 A I got it from the Martínez, Morgalo office.

2 Q Who did you authorize to enter into an agreement to

3 perform that concert under those terms?

4 A I didn’t authorize anybody to come into agreement. They

5 asked me if I was open and if I was amenable, and I said yes.

6 But, basically, Rubén said he was going to take care of... Rubén

7 was bringing this. Okay? And, that’s the way this business works.

8 If I’m bringing something, then I have to do it the way

9 you want to do it because it’s my gig. So, Rubén brought this,

10 and he was going to handle... he was going to take care of the

11 business part, and I was going to take care of the production of

12 the... you know... put the band together.

13 Because I had the music and the band and the production

14 part to be able to to put it together. And, he couldn’t do a

15 reunion concert without me. Otherwise, he would have.

16 Q When did Rubén Blades first contact you about doing a

17 reunion concert?

18 A He was filming some movie out somewhere. He was calling

19 me from some trailer or something out west somewhere.

20 Q He called your home?

21 A Yes.

22 Q Do you remember the date of that phone call?

23 A No.

24 Q And, what did he say?

25 A He said that he had an offer... you know... a good

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1 offer for a gig in Puerto Rico.

2 Q In Puerto Rico?

3 A Yeah.

4 Q What else?

5 A And, that his guy would be getting in touch with me.

6 Q And, what did you say to him?

7 A I said “Yeah, I’ll wait for his call.”.

8 Q Did he say what the show would be about?

9 A It’s a reunion concert. It was Siembra, 25th

10 Anniversary.

11 Q So, he did state it was to celebrate Siembra?

12 A I don’t know... you know... because we don’t care what

13 the theme of a concert is. You know, a gig is a gig. You know,

14 the promoters are always looking for some kind of hook of how to

15 sell the concert.

16 But, for me and Rubén, a reunion concert is always good

17 because we hardly ever do them. So the 25 Anniversary, I don’tth

18 know if we started talking about the 25 Anniversary angle yet.th

19 I don’t see it on this paper yet. But, it became that somewhere

20 along the line.

21 Q Did he give you any details as to the offer, for

22 instance, the fee amount?

23 A Yes.

24 Q What did he say?

25 A It was three hundred and fifty ‘grand’($35,000.00).

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1 Q What did you say to that? Did you agree?

2 A Yeah.

3 Q On the phone?

4 A Yeah, I told him, yeah, that I was... that’s what he

5 was calling for, to ask me if I was willing to do it, and I said

6 yes.

7 Q How... did he say how that fee would be divided between

8 the two (2) of you?

9 A Well, historically, it’s always been fifty/fifty

10 (50%/50%).

11 Q So, you assumed that it would be divided fifty/fifty

12 (50%/50%)?

13 A So, I assumed it was fifty/fifty (50%/50%), yeah.

14 Q But, he did not state it would be divided fifty/fifty

15 (50%/50%)?

16 A Well, it was... he knew very well that it wasn’t going

17 to happen if it wasn’t fifty/fifty (50%/50%). It was not going to

18 happen if it was not fifty/fifty (50%/50%).

19 Q Did he ever purpose any other split, other than

20 fifty/fifty (50%/50%)?

21 A At one point, he asked... he offered a seventy/thirty

22 (70%/30%).

23 Q When was that?

24 A A little bit down the road, it started going back and

25 forth. And... you know... I shot that down immediately because I

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1 was just not interested in doing it under those conditions. I’d

2 rather pass.

3 Q How did he present to you a seventy/thirty (70%/30%)

4 split?

5 A I think it was through Arturo. Arturo came to me and

6 said “Look, the split is going to be seventy/thirty (70%/30%).”,

7 and I said “No, it’s not. It’s not going to happen. You can’t do

8 a reunion concert without me. So, forget it.”.

9 Q Did you negotiate any of those figures or dates with

10 Rubén directly?

11 A I can’t recall. Actually, I don’t know if we got into a

12 specific date. The first thing that we spoke about how much money

13 the cachet (sic) was, and was I willing to do it.

14 From there, then we started distilling when, where, how

15 and stuff like that.

16 Q And, you were calling each other on the phone?

17 A Actually, I spoke to him a couple of times, maybe three

18 (3) or four (4) times. And, from then on, he says “Look, I’m

19 doing the movie.”, blah, blah, blah, “Talk to Arturo.”.

20 And, then most of my dealings were through... with

21 Arturo for Rubén because he wasn’t available all of the time.

22 And, when he came to me and offered me a seventy/thirty

23 (70%/30%) split, he was not representing me.

24 Q “He” meaning who?

25 A Arturo. When Arturo came to me and told me it’s a

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1 seventy/thirty (70%/30%), he is not looking out for me at all.

2 Q Did you know how the offer was generated from Puerto

3 Rico?

4 A I found out subsequently. No, because none of that

5 information... you know... when somebody brings you a gig,

6 they’re not going to tell you who’s bringing it, where it’s

7 coming from and all that stuff.

8 They’re going to keep you in the dark until... you

9 know... because that’s they’re... you know... proprietary... you

10 know it’s that way. You don’t backdoor them.

11 So, I was not privy to any of that information until

12 they had me... you know... into the... you know... committed.

13 And, then I started learning who the parties were.

14 But, the only guys that knew who the parties were were

15 Rubén and Arturo at that point.

16 Q You didn’t ask who the promoters were?

17 A You know what? You don’t... they’re not going to tell

18 you who the promoters are until later. It’s like a courtesy. You

19 don’t do that.

20 I mean... you know... you have to wait until you get a

21 little bit further down the road before you ask... start asking

22 questions like that.

23 If somebody approaches me with some kind of proposition

24 and I haven’t... and we’re not committed or... you know... we’re

25 not coming to some kind of deal, then he’s not going to give it

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1 up. And, I don’t think it’s proper to start asking questions like

2 that until...

3 Q When did you ask who the promoters were?

4 A Yeah, I could use some water. Thank you. When did I

5 ask? As a matter of fact, I don’t... later on, I don’t even think

6 I had to ask. I mean... you know... they started supplying me

7 with more information.

8 I found out that it was Danny Rivera’s Manager, who had

9 a pretty good reputation and stuff. So... you know... that made

10 it look like more solid and not some pie in the sky thing that

11 was going to fall apart.

12 But, I can’t tell you exactly when it happened. But, I

13 didn’t know at the beginning. And, Rubén did not tell me who was

14 who and who was what. The only thing that Rubén told me was that

15 it was for three hundred and fifty ‘grand’ ($350,000.00) and to

16 deal with Arturo.

17 Q You did not purpose to him to do a concert together, to

18 Rubén Blades?

19 A This here, no.

20 Q And, you didn’t have the idea to do a Siembra 25 Year

21 Anniversary show?

22 A Me? No.

23 Q Had you been approached by anyone else about doing a

24 show with Rubén Blades around that time, 2002?

25 A You know, people are always asking...

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1 ATTORNEY SAAVEDRA-CASTRO: 2002 or 2003?

2 ATTORNEY GONZÁLEZ-ROBINSON: 2002.

3 A People are always asking me about doing a reunion

4 concert because everybody wants that.

5 But, historically, Rubén and I don’t get along very

6 well. So... you know... it’s tough. And, he has rejected a lot of

7 times. He can’t do it for ‘X’, ‘Y’, ‘Z’.

8 Apparently, this was like an offer that was... you

9 know... that he couldn’t refuse. It was three hundred and fifty

10 ‘grand’ ($350,000.00), and it happened.

11 Q Did he say that somebody had proposed that to him or

12 was he proposing it to you to go out there and find people to...

13 A No, no, no.

14 Q ... buy the show?

15 A No, this... when they... when I got the phone call, I

16 understood... you see, when you have a number, they come to you

17 with a number, this is the cachet, somebody’s already got the

18 money. You know, they’ve already got the promoter. This wasn’t

19 “Let’s see what happens.”.

20 As a matter of fact, there was talk of, after doing

21 something like this, to continue and making it... turning it into

22 some kind of tour. And, there were other... after that, Arturo

23 had come with a list of other possible venues of things that

24 could happen.

25 Q When was that?



1 A That was while we were in the process of closing this

2 one.

3 Q What made you agree to do a show, given your prior

4 relationship with Mr. Blades, when he called you?

5 A The money.

6 Q Did you express any reservation about having a common

7 agent to represent you both in executing the final contract?

8 A It’s funny, because I... despite our differences, I

9 always figured Rubén to be an honest person. So, when he said he

10 was going to handle the business part, I allowed him to... you

11 know... I agreed to let him do it.

12 Q He said... what were his exact words to you when he

13 called you?

14 A I can’t... you know... I don’t have a recording of it

15 or anything. But, it was a conversation to the effect that he had

16 this gig. This was his gig. He let me know it was his gig.

17 And, that I would have to... that, in the process,

18 Arturo was his man. Talking to him was like talking to him.

19 Talking to Arturo was like talking to Rubén.

20 And, basically, that was it. He had the... he was

21 excited because it was a good cachet of three hundred and fifty

22 ‘grand’ ($350,000.00). And, by the way he spoke... you know... it

23 was evident that he was pretty sure this was going to happen.

24 It was not a speculative or some kind of rhetorical

25 question. There was a gig. There was a promoter, and we were good

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1 to go.

2 Q And, you had worked with Martínez, Morgalo & Associates

3 before, correct?

4 A Not a lot. I was looking through stuff, and I believe

5 we did a gig at the Blue Note for them. But, no, not... you

6 know... it was very rare.

7 Q That was a series of concerts, right, at the Blue Note?

8 A It was a week (1) at the Blue Note, I think. My office

9 accepts offers from all... you know... independent agencies and

10 agents.

11 So, we deal with all kinds of other promoters and

12 agents that will be calling in. So, yeah. But, that doesn’t mean

13 that they are authorized to represent us in any... you know... in

14 any way, in any other way. We represent ourselves.

15 Q Did you have a different representative at the time

16 that Rubén Blades called you?

17 A A different representative? No, I’ve always been... I

18 always handle the negotiations.

19 Q Did you know Robert Morgalo?

20 A Well, yeah, I knew him. But, did we work together? I

21 don’t recall.

22 Q Did you know from when he worked at David Maldonado

23 Entertainment or when did you know him from?

24 A Yes, I did. I met him there also.

25 Q Did the office of David Maldonado ever represent you in

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1 doing any concerts?

2 A Yes, they did.

3 Q Did they represent you in doing concerts together with

4 Rubén Blades?

5 A You’re talking about a really long time ago. I mean...

6 you know... you’re talking about the twentieth century.

7 There was a time where David Maldonado represented me

8 and Rubén at the same time for a while, for a very short time.

9 Q “For a while”, when?

10 A I don’t know. We’re talking about in the ‘90's.

11 Q And, what was the scope of that representation?

12 A Just booking.

13 Q Booking?

14 A Yeah.

15 Q Where... what venues did you appear together under that

16 scheme?

17 A I can’t remember. I’m going to have to... you know...

18 Q Did they produce the show that you did in Berlin,

19 Germany?

20 A No. You know who represented me and Rubén for the

21 Berlin affair?

22 ATTORNEY SAAVEDRA-CASTRO: She asks the questions, Mr.

23 Colón. You don’t ask questions of the Attorney.


25 Q Who represented you? Who represented you for that



1 concert, and Rubén?

2 A I did, I did, I did. But, that was when Rubén was my...

3 he was singing with my band.

4 Q What about the concert that you gave in Puerto Rico, in

5 1992, who represented you?

6 A 1992, I don’t recall.

7 Q What about the series of concerts that you performed in

8 1997, following the reunion concert at the Hollywood Bowl, who

9 represented you then?

10 A I don’t recall.

11 Q What about the fall of 1998, when you reunited with

12 Rubén Blades again, to do a concert at La Carlotta Airport, in

13 Venezuela, Caracas?

14 A That, Rubén brought... Rubén put that together. Rubén

15 brought that to me.

16 Q And, did you use a common agent to book that concert?

17 A I think that David Maldonado booked that. Right?

18 Q Was Juan Toro involved in that?

19 A Juan Toro was involved, yeah.

20 Q Has Juan Toro represented both of you before?

21 A I told you that the did at one point, but there was too

22 much conflict. There was a conflict of... as far as I was

23 concerned, there was a conflict of interest.

24 Q How?

25 A Because we... they... it just... I felt that they were



1 more... the represented Rubén more than they did me.

2 Q Did you have that kind of concern this time, in 2002,

3 for during the Siembra concert?

4 A Well, you see this is a thing that Rubén brought

5 forward. It came straight from Rubén. It didn’t come from

6 Morgalo.

7 And, since everybody knew that this was Rubén’s agency,

8 it was... you know... it was a different thing. How can I... you

9 know... it’s not the same thing as... it’s not the same situation

10 as David Maldonado being a booking agent.

11 This is Rubén’s agency, so I can’t... you know... I

12 have to expect him to have Rubén as his interests.

13 Q So, you felt like the potential conflict of interest

14 because they would represent Rubén more than you...

15 A Well, I...

16 Q ... was not a consideration this time?

17 A No, wait a minute. What I’m saying is I can’t expect

18 Rubén not to want to represent himself more. But, I trusted Rubén

19 to... because I think he cared about his image and his

20 reputation. So, I trusted him to do the thing.

21 I didn’t trust David Maldonado and Juan Toro that much

22 because they don’t have good reputations.

23 ATTORNEY GONZÁLEZ-ROBINSON: Okay, we’ll take a break

24 now for five (5) minutes.


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1 (Brief recess.)


3 COURT REPORTER: We’re on the record


5 Q Mr. Colón, so your testimony is that, because it was

6 Rubén’s image, you trusted this company to represent you?

7 A Look, I know that, in the end, in a jam, Rubén was not

8 going to let me get jammed up. And, that’s the reason why we were

9 able to do stuff when... you know... when... like the Maldonado

10 stuff.

11 Maldonado was more, again, Rubén’s Manager than mine.

12 But, I would take a gig from them when I got it. And, if...

13 because that’s the way this business is.

14 I mean... you know... if the come with something, you

15 go with it. You go with whoever brought it. And, on certain

16 occasions, I would bring something and... you know... Rubén would

17 go with it also, like that Germany thing.

18 ATTORNEY SAAVEDRA-CASTRO: I just have to object to the

19 premise in your question. You’re assuming facts not in

20 evidence, that Morgalo was representing both of them. I

21 don’t think there’s any evidence in the record of that.


23 Q Mr. Colón, can I have Exhibit 003?

24 A Yeah.

25 ATTORNEY GONZÁLEZ-ROBINSON: Mr. Court Reporter, could



1 you please mark this as Exhibit 004.



4 ATTORNEY GONZÁLEZ-ROBINSON: Counsel, I’m showing you a

5 copy of Exhibit 004.


7 (PAUSE)

8 (Revision of document by Counsel.)

9 ATTORNEY SAAVEDRA-CASTRO: Those are Bate Stamp numbers

10 from my documents?


12 ATTORNEY SAAVEDRA-CASTRO: Okay.


14 Q Mr. Colón, can you read that document and tell me what

15 it is?

16 (PAUSE)


18 A This is a contract. Actually, it’s not the full

19 contract. Usually, the full contract is about fourteen (14)

20 pages, which has all of the other requirements.

21 But, this is like the top... two (2) top pages, which

22 deal with the amount and the type of engagement and the date.


24 Q Is it your testimony that that contract is incomplete?

25 A No, it’s complete.



1 Q Is this the contract... is Exhibit 004 the contract

2 that you authorized the office of Martínez, Morgalo & Associates

3 to sign on your behalf?

4 A Well, first of all, I’m not a hundred percent sure

5 because I’ve already seen two (2), different contracts and

6 they’re subtly different.

7 But, I saw another contract, and I was surprised to see

8 in it that... so I’m just not sure how many contracts there are

9 there.

10 Q How many contracts did you sign?

11 A Actually, I don’t believe I signed any.

12 Q How many contracts did you review prior to...

13 A That’s what I’m saying. I mean I wasn’t looking for the

14 subtleties in them. And, after the fact, I came to know that

15 there... a couple of the contracts were subtly different. They

16 were slightly different.

17 Q Who sent you this contract?

18 A NO AUDIBLE RESPONSE FROM DEPONENT.

19 ATTORNEY SAAVEDRA-CASTRO: The Bate Stamp number in the

20 lower, right-hand side indicates that different documents

21 were used by Plaintiff. And, these documents were sent to me

22 by your office.

23 A Okay, I guess Arturo sent this to me.


25 Q Did you review it?

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1 A Yes, I did.

2 Q Did you... do you remember having any questions about

3 this document, Exhibit 004?

4 A No, I didn’t have any questions about this document.

5 Q Did you authorize the date of the concert, Saturday,

6 May 3, 2003?

7 A Well, I said I was available. You know, I don’t... what

8 does authorization mean? I mean... you know...

9 Q To negotiate with the local promoters to enter into

10 this agreement.

11 A But, I had already told Rubén that I was willing to do

12 it. So, this is just like a formality here just to put it on

13 paper.

14 Q So, did the office of Martínez, Morgalo & Associates

15 confirm the date with you?

16 A Yes.

17 Q Did they confirm that it would be one (1) concert

18 performance?

19 A Yes.

20 Q Of a minimum of two and a half (2 ½) hours?

21 A Yes.

22 Q Did they confirm with you the three hundred and fifty

23 dollar ($350,000.00) all-inclusive fee?

24 A Yes.

25 Q Did they confirm that that would be all-inclusive,



1 except for sound and lights?

2 A Yes.

3 Q And, what does that mean?

4 A That means that it’s delivered, except for sound and

5 lights. That means that we would put the band there and we will

6 pay the airfare, that we will pay the hotel, and we will pay the

7 talent and the technicians.

8 Q And, the rehearsals?

9 A And, the rehearsals.

10 Q And, security?

11 A And, security.

12 Q Are there any other items...

13 A This is not Michael Jackson... you know. The security

14 is...

15 Q Did you have security with you when you traveled to

16 Puerto Rico to do the Siembra show?

17 A I don’t think we hired any security. That I know of,

18 no.

19 Q You did not have any bodyguards with you?

20 A I may bring some friends. You could call them

21 bodyguards because... you know... they can help... you know...

22 a... but I don’t need bodyguards. I don’t think any of us need

23 bodyguards.

24 Q But, these friends that you say, would you pay them for

25 their services?



1 A Not the friends, no.

2 Q Did you authorize or confirm that the payment would be

3 in the manner described in paragraph seven (7) of the first page

4 of Exhibit 004?

5 MR. MORGALO: Objection. Is that a leading question?

6 ATTORNEY GONZÁLEZ-ROBINSON: I’m allowed to ask leading

7 questions to an adverse party.

8 MR. MORGALO: Oh, I’m sorry.

9 A I’m not adverse. I’m just...

10 MR. MORGALO: He’s friendly.

11 A ... I just want to get along. Okay, yes, I agreed to

12 all of this here. And, after the fact again, that sixty-two point

13 five... sixty-two thousand, five hundred dollars ($62,500.00)

14 just keeps coming back.

15 You know, why the first deposit... my... you know... I

16 thought that was the money that was coming to me. But, then I

17 learned that there was... that the same amount appears to have

18 been received a year (1) before and applied to this deal.


20 Q Received by whom?

21 A Received by Rubén.

22 Q By Rubén Blades or by Martínez, Morgalo & Associates?

23 A To me, they’re one in the same.

24 Q Do you know who the promoters paid the amount to? Do

25 you know whether they paid it directly to Rubén Blades or did



1 they pay it to Martínez, Morgalo & Associates?

2 A I really don’t know because, after the fact, I

3 started... at this time, I did not know. Later on, I saw some

4 wire transfers that I asked Ariel to provide me.

5 And, I don’t recall whose account it went into. But,

6 all I know is that he showed that he did pay the money out.

7 Q So, you called Ariel Rivas, one (1) of the two (2)

8 promoters for this concert?

9 A Right, after the fact. After everything started... kind

10 of blew up, and we were coming down to the zero hour, I said

11 “Look, people are saying that money disappeared. Did you pay

12 him?”, “No.”.

13 I said “Look, I need to know. I need to see that you

14 paid him.”, because everybody is pointing the finger at everybody

15 else. So, he faxed me the wire transfers.

16 Q Did you have occasion to talk to Mr. Ariel Rivas before

17 that, before you asking him to send you proof of payment?

18 A Yes.

19 Q How many times did you talk to him about the payment?

20 A Four (4), five (5), I don’t know.

21 ATTORNEY SAAVEDRA-CASTRO: You’re talking about just

22 after... in the time period that he just mentioned?

23 ATTORNEY GONZÁLEZ-ROBINSON: No, at any time prior to

24 that.

25 ATTORNEY SAAVEDRA-CASTRO: In his life? Obviously, you



1 don’t mean his lifetime.

2 ATTORNEY GONZÁLEZ-ROBINSON: In connection with this

3 engagement agreement.

4 A Maybe four (4) or five (5) times.


6 Q Did he have an opportunity to tell you that he had

7 negotiated this deal with Robert Morgalo?

8 A No.

9 Q Did he tell you he negotiated...

10 A As a matter of fact, to tell you the truth, I didn’t

11 even know that Morgalo was involved because I was only dealing

12 with Martínez.

13 Q When did you start dealing with Martínez for this show?

14 A He met me to give me the first deposit. And, I think he

15 went to one of the first rehearsals, at... I think it was at Big

16 Apple Studios or Montana, Montana Studios.

17 Q Did you also visit him at their... at Martínez, Morgalo

18 & Associates’ offices?

19 A Oh, yeah, I did. And, I went to the office one (1)

20 time, down on Fulton Street... was it...

21 Q Yes.

22 A Yeah, okay.

23 Q Was that only one (1) time, you say?

24 A Yeah.

25 Q Did you go alone or did you go with somebody else?

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1 A I think I went with two (2) people.

2 Q Did you go with Das Vélez?

3 A No.

4 Q You never went, with Das Vélez, to Martínez, Morgalo &

5 Associates?

6 A You know, I didn’t travel around with Das often.

7 Mostly, I... I don’t know.

8 Q Did Das Vélez review the Engagement Contract?

9 A No, I don’t think so.

10 Q Did Das Vélez review the Contract Offer that I showed

11 you as Exhibit 003?

12 A This here?

13 ATTORNEY GONZÁLEZ-ROBINSON: I’m showing the Witness

14 Exhibit 003, Counsel.

15 A No. Why would he have to see this? You know, any moron

16 could understand this. This is just a sketch. It’s not a

17 contract.


19 Q Do you remember going with him and being shown the

20 number of offers that were being generated by other cities?

21 A Those were faxed to me by Arturo Martínez.

22 Q You did not discuss them in person with Arturo

23 Martínez?

24 A We may have. But, we had already... you know... those

25 were already... you know... presented to me by fax and on the

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1 phone.

2 Q Was this reunion concert supposed to be a globe-wide

3 tour?

4 A It could have turned into one, but it wasn’t. You know,

5 it didn’t depend on... one didn’t depend on the other. As a

6 matter of fact, I was very disappointed because there was an

7 offer tendered by a record company.

8 A couple of companies were tendering offers, and some

9 of them were pretty good offers for recording the concert for

10 five hundred thousand dollars ($500,000.00), and Rubén refused to

11 entertain that. I don’t know why.

12 Q Who told you that?

13 A Rubén. Rubén said he didn’t want to do it because he

14 wanted to own all of his records.

15 Q Do you remember what record company tendered that

16 offer?

17 A I know that Universal and BMJ... BMG were interested.

18 Q Who told you... Rubén told you that, you stated?

19 A Yeah, Rubén, and Arturo repeated it.

20 Q Who proposed that this be... that Siembra, twenty-five

21 (25) years later, be a worldwide tour?

22 A Who proposed it? It wasn’t me.

23 Q Was it Rubén Blades?

24 A Probably not. I don’t think so. I think it was probably

25 Arturo.

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1 Q So, your testimony is that, when Rubén Blades

2 approached you, he just wanted to do one (1) show with you, in

3 Puerto Rico, and that’s it?

4 A That’s all we were talking about, one (1) show.

5 Q What are your standard terms and conditions with

6 respect to payment?

7 A Well, exactly what it says here. We have to be paid in

8 the form of wire transfer, cash or certified check or money

9 order, and that’s not payable to me.

10 These are the conditions that I put forth to Rubén and

11 Arturo. And, that we... I usually do not... my standard procedure

12 is that I do not leave New York City without being completely

13 paid.

14 I don’t like to have to go chasing promoters around in

15 their country... you know... trying to get the rest of my money

16 after I play.

17 Q Is that also Rubén Blades’ standard terms and

18 conditions?

19 A I think so, I think so. Most of the old-timers... you

20 know... don’t go for that “I’ll pay you when you get here.”

21 trick.

22 Q So, you inserted some of your own terms and conditions

23 into this engagement agreement contained in Exhibit 004?

24 A Well... you know... this is like a standard thing. You

25 don’t... you usually don’t travel until you’re paid. And, you

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1 should have half (½) of the money upon signing, and then the

2 other half (½) before you leave.

3 Q Did you receive any up-front advances?

4 A I received sixty-two thousand dollars ($62,000.00)...

5 sixty-two, five ($62,500.00).

6 Q How did you receive that?

7 A I don’t know if it was a wire transfer or a check.

8 Q Was it in one (1) payment or two (2) payments?

9 A I want to say that it was two (2) payments.

10 Q Who sent you those payments?

11 A Arturo.

12 Q Was it from Martínez, Morgalo’s account?

13 A Yeah.

14 Q Did Rubén Blades ever send you any money directly?

15 A No.

16 Q Prior to the concert?


18 Q Your answer?

19 A No. I said no before.

20 Q Well, I wanted to clarify that my question was whether

21 he paid you any money before you celebrated the concert, in

22 Puerto Rico.

23 A Okay, I thought it was because it sounded like a grunt.

24 (General laughter.)


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1 Q What does Andy Pozo know about this case, last name P-

2 O-Z-O?

3 ATTORNEY SAAVEDRA-CASTRO: Any relation to ‘Charo’

4 (phonetic) Pozo?

5 A Huh?

6 ATTORNEY SAAVEDRA-CASTRO: Any relation to ‘Charo’ Pozo?

7 A No, but he’s the son of Avelino Pozo, a promoter.

8 MR. MORGALO: And, I object to speculation.

9 ATTORNEY SAAVEDRA-CASTRO: Okay, what’s the name?

10 ATTORNEY GONZÁLEZ-ROBINSON: Andy Pozo, A-N-D-Y P-O-Z-O.

11 MR. MORGALO: If I may. I’m sorry. I do have copies

12 of...

13 ATTORNEY GONZÁLEZ-ROBINSON: Your objection is noted.

14 MR. MORGALO: I have copies of those wire transfers that

15 you just asked him about.

16 ATTORNEY SAAVEDRA-CASTRO: We’ll look at them later.

17 MR. MORGALO: Okay, thank you.



20 A Andy Pozo is a promoter. His father is a promoter also,

21 and used to be a club owner, in the city.


23 Q Does he have any relationship to you?

24 A No, not really. You know, he... like other agents, he

25 has, from time to time, booked me... you know... brought me a



1 contract.

2 Q Do you have his address?

3 A Not on me, but I’m sure we can dig it up.

4 ATTORNEY GONZÁLEZ-ROBINSON: We would appreciate it if

5 we could have the addresses and telephone numbers to the

6 following persons, George Nenadich, Andy Pozo, Mark Holmes,

7 Manny Soba. Is that agreeable, Counsel?

8 ATTORNEY SAAVEDRA-CASTRO: I have no idea. I don’t know

9 whether my client has that information at the tip of his

10 fingers or if he has to do a web search to get you that

11 information.

12 If he has to do a web search, he’s not going to do it.

13 But, if he has it at the tip of his fingers, gladly we’ll

14 give it to you. Could you give me the list of those persons

15 again?

16 ATTORNEY GONZÁLEZ-ROBINSON: Sure, they’re listed by

17 your client in his Answers to Interrogatories. These are

18 persons that he provided the names for...

19 ATTORNEY SAAVEDRA-CASTRO: Okay, George Nenadich?

20 ATTORNEY GONZÁLEZ-ROBINSON: ... but didn’t provide

21 addresses. Andy Pozo, Mark Holmes and Manny Soba.


23 Q So, back to Mr. ...

24 ATTORNEY SAAVEDRA-CASTRO: Manny Soba?

25 A Manny Soba, yeah.




2 Q ... Andy Pozo. What does he know about this case?

3 A Actually, what he knows is that Rubén had the

4 relationship with Martínez, Morgalo.

5 Q How does he know that?

6 A Because everybody knows it. Everybody in the business

7 knows it. There’s... they did... there was a party at the Copa

8 where... you know... they kind of celebrated the opening of the

9 office. I wasn’t invited.

10 And, everybody in the business knows it. All of these

11 guys are people in the business that know that, if you want to

12 book Rubén, you had to go through Martínez, Morgalo.

13 Q So, he has knowledge that Martínez, Morgalo represented

14 Rubén Blades?

15 A Uh huh.

16 Q Does he know anything about the specifics of your

17 contract dispute?

18 A No, I don’t think so. I don’t know what he knows, but I

19 don’t think so.

20 Q Does Andy Pozo know anything specifically about the

21 money you claim you are owed by Rubén Blades?

22 A I don’t know if he knows that. You know, I don’t know

23 if he knows Arturo or anything like that.

24 ATTORNEY SAAVEDRA-CASTRO: To your knowledge.

25 A To my knowledge, no, not that I know of.




2 Q Have you discussed the details of this case with Mr.

3 Pozo?

4 A It’s public knowledge. The whole world knows. The whole

5 world knows about this case. I walk down the streets and it’s

6 “Oh, Rubén...”... you know... it’s a real... it’s an embarrassing

7 thing.

8 Because... you know... people will judge you like “Wow,

9 what kind of a piker are you?”. You know, some people think I’m

10 trying to extort him. Other people are “Hey, I’m with you.”. But,

11 I really didn’t want to have all of this action going on.

12 But, it’s public knowledge. You know, I’ve got stacks

13 of stuff that come out every week with Rubén saying it’s a

14 frivolous suit, soy un necio. It’s really been embarrassing.

15 Q What about Mark Holmes?

16 A Mark Holmes is also another guy that’s in the business.

17 He has booked me. He books Marc Antony, he books a lot of other

18 acts, and he’ll tell you the same thing.

19 And, I can’t tell you... I don’t know what specifically

20 they know about this case. But... you know...

21 Q If you called him to testify on your behalf, what would

22 Mark Holmes state?

23 A Well, first of all, he would tell you that he knows

24 that Martínez, Morgalo represented Rubén.

25 Q Okay, what else does he...



1 A Okay? And, not me, because everybody knows they didn’t

2 represent me. I don’t know what else he could tell you. You know,

3 because I’m finding out stuff that I didn’t know.

4 I didn’t know that, after the concert... you know...

5 after... everything kind of just fell apart. I was even going to

6 pull another ten thousand dollars ($10,000.00) out of my pocket

7 that Rubén went to New York and collected another... almost

8 another fifty thousand dollars ($50,000.00) from Juan Toro.

9 Q When did you find that fact out?

10 A I found it out yesterday.

11 Q How did you find it out?

12 A With some papers that I saw.

13 Q What papers did you see?

14 A We were going over some... I think the papers came from

15 your office.

16 Q And, where did you review these documents?

17 A At my Counselor’s... at my representative’s office.

18 Q And, you stated that money was where, in Martínez,

19 Morgalo’s account?

20 A I don’t know where they got it from. I guess it was

21 from Martínez, Morgalo. But, there was another fifty thousand

22 dollars ($50,000.00) that went straight to Rubén and didn’t go to

23 me.

24 Q Did you bring any of those documents with you today?

25 ATTORNEY SAAVEDRA-CASTRO: Ma’am, they were produced by

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1 you.

2 A They were produced by you.

3 ATTORNEY GONZÁLEZ-ROBINSON: I’m asking whether he

4 brought them with him.

5 A No, I don’t have them here.

6 ATTORNEY SAAVEDRA-CASTRO: I do have...

7 ATTORNEY GONZÁLEZ-ROBINSON: I would like to know what

8 he’s referring to.

9 ATTORNEY SAAVEDRA-CASTRO: Okay, well, I have... I think

10 that the set of documents that you produced to me consists

11 of four (4) pages that I asked you for.

12 And, I did tell you this morning... I don’t want there

13 to be any misunderstanding... that we intend to use the

14 documents produced by your office in this case.

15 But, this is the... these are the documents that you

16 produced to me. Let me...

17 (PAUSE)


19 Q Mr. Colón, you’re stating that you are finding out

20 this... you found out about...

21 A Yes.

22 Q ... a payment received after the concert?

23 A After the concert. After we were robbed, there was

24 still another fifty ‘grand’ ($50,000.00). You know, minimally,

25 half (½) of that money was mine, and I didn’t receive it.



1 Q You didn’t talk to Mark Holmes specifically about the

2 subject matter of your dispute with Rubén Blades?

3 A No, but everybody knows, everybody knows. You know,

4 it’s been in El Nuevo Día and El Diario de la Prensa. It’s been

5 in El Vocero. Every ‘friggin’ newspaper has... man, I find out

6 facts about this case from reading the papers.

7 Q What about Manny Soba, what does he know about this

8 case?

9 A The same thing. He’s another guy in the business. He’s

10 a record promoter and also a booking agent. And, he will testify

11 that Rubén was represented by Martínez, Morgalo.

12 Q Does he have any relationship to you?

13 A We’ve worked together.

14 Q How many times or for how long?

15 A I don’t know. You know, it’s not a permanent situation,

16 but he has brought me work.

17 Q Is he based out of New York City?

18 A Yes, he is.

19 Q Is there anyone else that you have communicated with

20 about the subject matter of your claim against Mr. Blades?

21 A What do you mean by “communicated with”? I mean...

22 Q Discussed, asked for information, shared information

23 with.

24 A No. Look, let me tell you every other person I come up

25 to they ask me about the case. So...



1 Q Did Ms. Julia Colón, your wife, negotiate any part of

2 the engagement agreement for the Siembra show?

3 A Well, actually, no. The... after we reached the cachet

4 number, which is three hundred and fifty ($350,000.00), and I get

5 fifty percent (50%), there’s nothing else to negotiate. That’s

6 it. We go half and half (½/½), and we split the expenses. There’s

7 no more. There’s no... it’s very simple.

8 Q What about the details of the band members or the

9 repertoire that was selected, did she have anything to do with

10 those?

11 A No, I’m the one that decided all of that. Rubén had

12 wanted to use his Musical Director, which I wasn’t crazy about.

13 But, in the end, he wasn’t really taking the job very seriously.

14 Q Is that Oscar Hernández?

15 A Oscar Hernández. He said he was going to... he said...

16 he told me... see, this music I played with Rubén for years, for

17 six (6) years or more.

18 And, I’m very familiar with how the dynamics of it are

19 and how hard it is to play. And... you know... Oscar’s a pianist.

20 He’s a good... but he doesn’t know this music.

21 So, he told me that he was going to rehearsal the band

22 for three (3) days. And, I told him “Look, that’s never going to

23 happen. The horn players are not going to be able to get this

24 under their fingers in three (3) days. You’re going to need, at

25 least, five (5).”. “No, we can’t do five (5). I’ve got to go to



1 Europe. When I get back, they’ll give us three (3) days.”.

2 And, I said “Look, wait a minute. The way the political

3 climate is you’re just giving three (3) days to rehearsal. It’s

4 just too dangerous because anything could happen. There could be

5 a highjacking. There could close the airports. And, now what?

6 You’ve got two (2) days. You’ve got one (1). You might not even

7 make it on time. I’m not comfortable with that at all.”.

8 So, he kept... I dismissed him, and I told him “I’m

9 going to be the Musical Director.”. So, then I...

10 Q Who did you communicate that decision to dismiss him

11 to?

12 A With Rubén.

13 Q Directly, you called him?

14 A Yeah, I talked to Rubén. I said “Rubén, this is not

15 going to work out. I have to take this over.”. And, it was one of

16 those calls while he was on the set with that movie.

17 Q Did he agree to your decision?

18 A He wasn’t crazy about it, but... you know... it just...

19 it’s just common sense. See, it was too risky to allow... you

20 know... three (3) days before the concert for this guy to fly in

21 from Europe. It just wasn’t going to work.

22 So, he reluctantly agreed to let me be the Musical

23 Director.

24 Q Did Ms. Julia Colón handle any matters on your behalf

25 with respect to the Siembra concert?



1 A She may have. I mean but nothing of any... you know...

2 and I’m not being... you know... just stuff for... executing the

3 rehearsals, maybe booking a studio. Who knows? But...

4 Q What about the terms and conditions?

5 A No, no negotiating on her behalf.

6 Q Did... was Arturo Martínez communicating with her

7 through cell phone?

8 A Yeah, he would. He would speak to her, he would speak

9 to me... you know... he would leave messages or whatever, but...

10 Q Did the office of Martínez, Morgalo & Associates have

11 your home number as well?

12 A Yes.

13 Q And, your e-mail?

14 A Yeah.

15 Q I want to ask you a few questions about your

16 collaboration with Rubén Blades in the past.

17 A Okay.

18 Q What concerts that you can remember did you perform

19 together after your separation?

20 ATTORNEY SAAVEDRA-CASTRO: You did mention several.

21 A Yeah, we did the Hollywood Bowl. We did something in

22 199-... we did the Carlotta Airport thing. We did the Roberto

23 Clemente Stadium. I don’t know. That’s like off the top of my

24 head.

25 ATTORNEY GONZÁLEZ-ROBINSON: I think Sister Counsel

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1 mentioned Berlin.


3 Q For each of those concerts that you mentioned, how were

4 the payment terms agreed?

5 A As usual. Paid, at least, half (½) upon signing, and

6 the other, the remaining balance, before leaving New York.

7 Q And, were you paid accordingly?

8 A Yes.

9 Q Was there any trouble with any of the concerts? I’m

10 speaking about the financial terms.

11 A Yeah, well, it’s hard to tell because, once you get all

12 the money, you kind of forget about every... you know... if

13 somebody was trying to be... you know... a little slippery. But,

14 there was no major calamity, no.

15 Q After September 11, 2001, there was a benefit concert

16 at Madison Square Garden, and you performed together with Mr.

17 Rubén Blades.

18 A Uh huh.

19 Q How was that handled?

20 A This is the one for Ralph Mercado?

21 Q It was a benefit concert, for 911, for the victims, I

22 believe.

23 A I don’t remember. I know there was one (1) thing that

24 Ralph Mercado put together, and I don’t know if it’s that same

25 one. I don’t think it would be because I don’t think I would have



1 backed out the way I did.

2 But, Ralph had bought us separately. And, as I was

3 getting off the stage, he said “Hey, come on, come back and do a

4 song with Rubén.”. And, I said “Are you crazy? You don’t buy

5 Willie Colón and Rubén Blades. You bought Rubén and Willie

6 separately.”. And, I said no, and I walked off the stage.

7 And, then Rubén... and then Ralph... you know... swore

8 he would... he wanted to... you know... kill me. He was really,

9 really upset about it. So, I don’t think it was that one.

10 I really don’t recall that 911, but... you know... just

11 prior to 911, I had to run for Public Advocate, for the City of

12 New York.

13 So, 911 not only... you know... it just crashed all of

14 my hopes because we were totally bankrupt by election day. So,

15 it’s... I don’t... I really don’t even recall that concert well

16 now.

17 Q You have stated that your relationship... you don’t get

18 along very well.

19 Can you tell me what are some of the differences that

20 caused you to break relations with Mr. Rubén Blades?

21 A Man, it’s a long list.

22 Q Can you give some examples?

23 ATTORNEY SAAVEDRA-CASTRO: Could we go off the record,

24 please? Esperase un momentito.

25 (PAUSE)



1 ATTORNEY SAAVEDRA-CASTRO: Could you step out, please. I

2 want to talk something with Counsel.

3 A Okay.

4 COURT REPORTER: Are we off the record?

5 ATTORNEY SAAVEDRA-CASTRO: Yeah, we’re off the record.

6 ATTORNEY GONZÁLEZ-ROBINSON: We’ll be off the record.

7 (Off the record.)

8 (Brief recess.)


10 COURT REPORTER: We’re on the record.

11 ATTORNEY GONZÁLEZ-ROBINSON: Back on the record.


13 Q My question was about your differences or disputes with

14 Mr. Blades.

15 A Like I said, it’s a long story. This was from the very

16 beginning, when we started recording stuff.

17 Right after the first album came out, he asked for...

18 he called up my wife and told her he was coming over for the

19 music. Now, this is when he’s my singer.

20 He was coming over for the music, and my wife said

21 “Rubén’s coming for the music.”, and I said “For what?”. So, when

22 I asked him, he said “No, I’m going to copy the music.”.

23 You know, I just gave the guy a ‘friggin’ break, and

24 he’s going to copy the music. And, I said “For what?”, and he

25 said “I’m going to go do the class nights (phonetic).”.

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1 So, what he did was he took my band and he did the

2 class nights here, in Puerto Rico. And, I said “Well, what about

3 me?”, and he said “There’s not enough money for you.”.

4 This was the beginning. And, I started like going

5 “Whoa.”. And... you know... things like that kept happening.

6 When, later on... okay, I know he made a deal. He got his... he

7 made his deal with Jerry, and he kept his confidentiality and

8 stuff.

9 And, everybody... it always turns out that he comes out

10 smelling like rose, and everybody else winds up screwed.

11 Q Did you also leave Fania Records around the same time

12 that Rubén Blades broke off with Fania?

13 A No, I couldn’t leave because I was still saddled with a

14 couple of records that I owed Fania, and I could not leave. And,

15 this was at our peak.

16 So... you know... I had to stay. And, meanwhile, I’m

17 just cooling off and I’m trying to just... you know... make my

18 commitments to Jerry, and Rubén was gone.

19 So, by about in 1984, I was able to leave, and I

20 probably should have stayed with Jerry. But... you know... I’m

21 the kind of guy that I think the culture and Jerry and Fania

22 was... because all I really cared about was my music, and that

23 was it.

24 I used to tell Jerry the next album is going to be

25 like... just bring me the record. And, I was able to... it was

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1 much better. There was no other agendas, there was no... Fania

2 was like my Camelot.

3 Despite what everybody says, I think that Fania was a

4 good thing.

5 Q But, did you quarrel with Mr. Jerry Masucci over money?

6 A Actually, I didn’t have any big gripes with Jerry. If I

7 would have told Jerry that I was... no, no, I can’t say that I

8 did.

9 As a matter of fact, when I was leaving, he said “I’ll

10 give you anything you want.”, and I said “No, I want to go out

11 into the record world, to the real record world.”, and I think

12 that was a mistake.

13 I mean there was a lot going on in Fania besides money.

14 I mean, we...

15 Q How were the money matters handled during the time that

16 Rubén Blades sang for you band?

17 A Well, Rubén first came, and I was semi-retired. I had

18 broken up my band because I was tired of touring.

19 And, Rubén started coming, knocking on the door of my

20 house with his guitar and playing songs, “Hey, we could do this.

21 We could do that.”. And, I said “Look, man, I’m not interested.

22 It’s a nice song.”.

23 So, I had one (1) album I was working on, and I picked

24 one (1) of his songs, and I let him sing it on my album. It was

25 called “The Good, Bad and the Ugly”, and there was a song called

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1 “El Cazanguero”.

2 Because he was telling me “Oh, man, I’m going back to

3 Panama.”. He’s giving me this old song and dance that he’s

4 brokenhearted and all that stuff.

5 So, he does the song. Everybody loves his song. And, I

6 think it was good for him. It was a nice presentation card, and

7 it really was an asset for the album. It was a good... really an

8 interesting song, and I loved the song.

9 So, that was good. But, he still kept coming with the

10 guitar and... you know... playing songs, coming to my apartment.

11 And... you know... basically, Rubén and I come from two (2),

12 different sides of the track.

13 You know, I come from very, very poor background, and

14 Rubén was more a middle-class kid... you know... taking a break

15 from college... you know... being a tourist in my ghetto.

16 Q Do you still feel that way?

17 A Do I still feel that way?

18 ATTORNEY SAAVEDRA-CASTRO: Wait, wait. Which feeling are

19 you talking about?

20 ATTORNEY GONZÁLEZ-ROBINSON: About Mr. Blades being a

21 tourist in his ghetto.


23 A Yeah, to a certain extent, yes. You know, it’s... he

24 gets his... he’s very creative. And, he’s able to write about

25 what things are like. But, he really don’t know what things are.

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1 He doesn’t know what it is.


3 Q How many years that you worked together continuously?

4 A Six (6).

5 Q Six (6) years?

6 A Yeah. He was very explosive also. He was a guy that

7 would... at the drop of a hat, he would start screaming at

8 people... you know... hysterically.

9 And, that was one (1) thing that, with my background,

10 just was not a healthy thing for him to do. So, that was one (1)

11 of the real dangers of our thing. You know, that this thing was

12 going to get physical because Rubén is very... he gets very

13 irritable around mortal men.

14 So, it was a constant source of... you know... he would

15 get impatient and make cracks like “You’re talking like a band

16 leader.” or “You’re like the musicians.”. These are guys that

17 have earned their... they have paid their dues.

18 That... you know... he really... as men and as artists

19 and whatnot... you know... he should be speaking to them with

20 deference and resp. And, there were situations where I really had

21 to pull his coat... you know... from throwing tantrums.

22 Q Was he ever disrespectful to you during...

23 A Yes.

24 Q ... those six (6) years of working together?

25 A Yes, he was. And, he...

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1 Q How so?

2 A Well, he... you know... we’d be in a group or

3 something, he’d just say disrespectful things where I’d have to

4 challenge him or... you know... tell him to be quiet. You know,

5 it just got very contentious and an uncomfortable relationship.

6 Q What about presentations, when you would perform at

7 different times during those six (6) years, did he have any input

8 on money matters or did you handle that with your authority over

9 the band?

10 A I made him a partner. I made him a fifty percent (50%)

11 partner in the band, when I decided to go with him, which was

12 really unprecedented.

13 Because, before that, he was just singing chorus with

14 Ray Barreto. But, I was such a jackass... you know... I thought I

15 had so much money, because I was so poor and I had a Cadillac, so

16 I said “Okay, I’ll split it with you.”.

17 So, I made him a partner. And, my... you know... my

18 naivete... you know... I’m looking at long-term plans, and I

19 realized that he had... I was just a stepping stone for him.

20 And, basically, I started to realize that he operated

21 under the peer principal... you know... to just use people up and

22 go grab the next person.

23 Q So, you made him a partner as early as 1976, when

24 you...

25 A As soon as... yeah, early on. Probably, after Siembra.

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1 Q After Siembra?

2 A Yeah.

3 Q So, that was 1978?

4 A Yeah, the... after the first experiment, Jerry comes

5 back, and like Jerry was very happy with the results. And, there

6 was a lot of excitement about this new sound and what we were

7 doing.

8 So, then, when we hit Siembra out of the ballpark,

9 then... you know... I said “Well, this is going to have some

10 legs.”.

11 Q What plans did you have for your career with Rubén?

12 A Well, I thought it was going to be... you know... like

13 me and Héctor. You know, and Héctor didn’t use... I mean Rubén

14 didn’t have a drug problem, so... you know... and I wasn’t using

15 drugs. So, it was... you know... I thought it was going to have

16 some long legs.

17 Q How would you characterize the breakup? That was in

18 1983?

19 A Yeah, it was about 1982, 1983, somewhere around there.

20 Q What happened?

21 A We wanted to ‘friggin’ kill each other. I mean what

22 happened? Anything happened. We looked at each other. You know,

23 it could be anything. It was just like we were just impossible to

24 be in the same space.

25 Q Did that interaction change over time, after your

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1 separation?

2 A Yeah, well... you know... you cool off and you say

3 “Well, voy a tomar agua, and “Let’s do it for the money.”, and

4 “Let’s be professional about it.”.

5 We were both going our ways. You know, I’m grateful for

6 a lot of things that I have that... you know... he’s got his

7 Hollywood, but I was grateful. You know, I’m in a good spot, and

8 I could use the money.

9 I’ve got my kids and my family life is... you know...

10 I’m really happy with it. So... you know... I was able to... with

11 that motivation and stuff, I was able to come back and look at it

12 again and say “Let’s do it.”.

13 Q In 2001, when you ran for Public Advocate, he came to

14 campaign for you? Isn’t that correct?

15 A Yeah, he did, yes.

16 Q He did a show for you at the Town Hall?

17 A Yes.

18 Q And, did he charge you anything for that?

19 A No, he did not.

20 Q Did he charge your campaign for any of that?

21 A No, he didn’t charge me for it.

22 Q Were there any other times that you collaborated with

23 him, other than doing shows, for money?

24 A As friends?

25 Q As friends.



1 A No, as friends, no.

2 Q Did you ask him to come to New York to do that event,

3 that fund-raising event?

4 A Actually, I’m not sure if it was me or some... or

5 Gerson (phonetic) Borrero that asked him. I’m pretty sure it was

6 somebody else that asked him because it was probably somebody

7 that he couldn’t say no to.

8 Q Were you surprised that he flew from where he was?

9 A Yes, I was. And, I reciprocated by telling him that, if

10 he needed me to go do campaigning in Panama, for the campaign

11 that he was doing, I think I offered.

12 Q Did you go to Panama?

13 A No, he said “No, thank you.”.

14 Q How do you communicate with Rubén Blades? Do you speak

15 to him in English or Spanish?

16 A It depends, it depends. It depends what we’re talking

17 about, it depends who’s in the room. You see, Neo-Ricans go from

18 Spanish to English automatically, without even noticing it, first

19 of all.

20 Q What about him, does he prefer to address you in

21 English or in Spanish?

22 A I think he prefers to speak in Spanish. Yes, because he

23 calls me William in Spanish.

24 Q How is that?

25 A He says “William”, but “Willia”, not “William”.



1 ATTORNEY SAAVEDRA-CASTRO: The ‘M’ is silent?

2 A Willia, yeah.


4 Q So, generally, he addresses you in Spanish?

5 A Yes.

6 Q And, you address him in?

7 A Like I said, if he addresses me in Spanish, I will

8 speak to him in Spanish. And, then probably flip it, flip it

9 over. But... you know... this is not a conscious thing. It’s just

10 the way we speak in New York.

11 Q So, you were Musical Director and Producer of the

12 Siembra show?

13 A Yeah.

14 Q In 2003?

15 A Right. I guess... you know... you can’t call me the

16 Producer because the Producer is the guy who put the whole show

17 together, I guess.

18 But, I took care of the production. Now, you could say

19 that I was the Production Manager or whatever, just as far as the

20 talent goes.

21 Q And, what were your feelings about doing the 25 Year

22 Anniversary show?

23 A Well, the dollars were right. It was the right

24 platform. It was the right vehicle, and I think it was... I knew

25 it was going to make a lot noise, and it was going to be full.



1 Q What about musically?

2 A Musically, it’s great music. It’s great music from some

3 of the best old-time salsa arrangers. They just don’t write music

4 like that anymore.

5 So, I used to like to bring these like really talented,

6 virtuoso musicians and have them sit there and... you know...

7 scratch their heads and go like “Oh, my God.”. They can’t believe

8 you played this twenty-five (25) years ago.

9 Even me playing it. I’m not a virtuoso, but... you

10 know... they’re going “How the hell did you play this?”. By

11 practicing it a lot. That’s why I knew we couldn’t do it in three

12 (3) days.

13 Q Who selected the songs?

14 A We both did. We made... he made a list of the songs

15 he’d like to do, and I made another list of the songs that

16 were... that I’d like to do and that I think were the easiest,

17 that were going to come out the most solid.

18 Most of the songs were on both lists, most of them.

19 There were just a few songs that we... that were not on each

20 other’s list.

21 Q Who selected the order of the songs?

22 A Rubén and I. We kind of... it’s called the “set plan”.

23 And, you try to build the rhythm of the show by the tempos and

24 the keys, if it’s a bright, major key or a minor key, to just

25 change the mood and the color of the show.



1 Give the people... bring them down with a slow song,

2 and then hit them with a hard song to just have some dynamics

3 going.

4 Q Back to Exhibit 004, the contract, do you remember

5 where you were at the time you received that engagement

6 agreement, the final engagement agreement?

7 A I think I was in my office.

8 Q Were there... was there anyone else that you consulted

9 with with respect to signing that or authorizing the signature of

10 that agreement?

11 A Well, like I said, this is just straight ahead. You

12 know, this is the cover sheet. There was... you know... once we

13 agreed on three, fifty ($350,000.00) and me and Rubén were going

14 to split it, I knew what the show was.

15 You know, I have a feeling for this stuff. I know what

16 it costs. And, even after the show was over... right... and the

17 money disappeared and all that, I think sent him a fax.

18 And, I told him “Look, Rubén, don’t show me any papers

19 or anything. Let’s settle it for eighty thousand dollars

20 ($80,000.00).”, because that’s... and, basically, that’s... in

21 the end, when we go over all of the numbers, that’s probably...

22 it’s going to be a little bit more than that, but... a little

23 more than that.

24 But, I’ve done this thing so many times that I know,

25 more or less, what it’s going to cost.



1 Q You were going to agree to accept up to sixty-five

2 thousand dollars ($65,000.00) in expenses to be deducted from the

3 fee, correct?

4 A Right.

5 Q Have you had an opportunity to review what the actual

6 expenses were?

7 A Well... you know... he answered my fax with another fax

8 that said that his in-laws were visiting and that the numbers

9 aren’t what I said, but what they are.

10 And, that he would give me an itemization, and that

11 never happened. I never heard... I never saw the itemization.

12 Q Have you had a chance to review recently what we

13 submitted to the Court, attached to our Motion for Summary

14 Judgement, that included the receipts documenting the expenses?

15 A I did see some of that, yeah. I didn’t study it. I

16 didn’t study, so I can’t tell you. I don’t recall what the

17 numbers are exactly. I didn’t get into refuting one item or

18 another.

19 Q Would you be surprised if the expenses actually turned

20 out to be higher than the sixty-five thousand ($65,000.00) you

21 estimated?

22 A Yes, I would. I would be very much surprised.

23 Q So, following execution of that engagement agreement,

24 how were the production aspects handled with Martínez, Morgalo &

25 Associates?



1 A What do you mean, the rehearsals?

2 Q Yes.

3 A We called Montana, we booked a studio. I called in my

4 Musical Director, and I said “Get the guys there.”, with Ennio

5 Gatti. And, then we had the rehearsals.

6 Arturo showed up to one (1) of them or two (2), one (1)

7 or two (2) of the rehearsals.

8 Q Who paid for the rehearsal space at Montana Studios?

9 A I think I did.

10 Q Did Martínez, Morgalo pay any of the rehearsals?

11 A I have to check. It wasn’t a lot of money. That’s

12 why... you know...

13 Q If you had paid for the rehearsal space, were you

14 reimbursed for that?

15 A Again, it wasn’t a lot of money. We’re talking about a

16 couple of hundred dollars ($200.00).

17 When you’re talking about a cachet of... you know... a

18 hundred and seventy-five ($175,000.00), as in my case... you

19 know... it’s really nothing. It’s not that an important number.

20 Q The actual payment to Montana Studios was one thousand,

21 seven hundred and seventy-seven dollars ($1,777.00). Does that

22 refresh your memory?

23 A For how many days?

24 Q There were six (6)... four (4) sessions... five (5)

25 sessions in New York. Did you pay that?

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1 A Maybe. I’d have to check.

2 Q Do you remember the dates that those sessions were

3 held?

4 A No.

5 Q Were they a week (1) before the concert, two (2) weeks?

6 A They probably started two (2) weeks before the concert.

7 Because it doesn’t make sense to rehearse before that.

8 Q Were you present at each one of these rehearsals?

9 A Yes, I was there blowing my trombone there.

10 Q How were the musicians selected for this concert?

11 A I tried to get the best, the best in every chair. Guys

12 like... especially in the brass, because the brass charts were

13 really almost wall to wall. It’s what you call a “long blow”.

14 So, I wanted to get strong guys. I got Ozzie Meléndez,

15 Luis Bonilla.

16 Q Are they players in your band?

17 A Well, Ozzie, yes. Luis is freelance, and I think we got

18 Jimmy Bosch, who is also freelance.

19 ATTORNEY GONZÁLEZ-ROBINSON: I’m going to ask the Court

20 Reporter to mark this as Exhibit 005. I’m showing a copy to

21 Counsel.


23 ATTORNEY GONZÁLEZ-ROBINSON: Mr. Morgalo.





1 (PAUSE)



4 Q Mr. Colón, could you please take a look at that list

5 and tell me what Exhibit 005 is?

6 (PAUSE)


8 A A personnel list.


10 Q Do recognize Exhibit 005?

11 A Do I recognize it? Yes, this is something I sent Rubén,

12 and it looks like Rubén’s notes on the bottom here, yeah.

13 Q Okay, and do you recognize... was that an e-mail that

14 you sent or a...

15 A I don’t know. I had a thing. I wrote a program where I

16 can send e-mails to fax numbers. So, this may look like an e-

17 mail, but it could have been a fax.

18 Q But, you recognize it as something that you sent, in

19 fact?

20 A Yes.

21 Q And, is that list the list of the musicians that were

22 used for the Siembra concert?

23 A Uh huh, yes.

24 Q And, were those, in fact, the musicians that played at

25 the concert?



1 A Yeah, Feliciano was a band boy, not a coro.

2 Q What is a “band boy”?

3 A Just helps carry stuff.

4 Q There were three (3) technicians from Costa Rica. Is

5 that correct?

6 A Yes.

7 Q Who were they?

8 A Well, Walter Flores had to be one (1), this guy Merro

9 (phonetic), because I don’t recognize that name.

10 Q I believe that spelling is M-E-M-O, Memo.

11 A Oh, Memo. Still...

12 Q You don’t recognize that name?

13 A I still don’t recognize it, no. So, it must be one of

14 the Costa Ricans. Those are the only two (2) guys I don’t

15 recognize in the list.

16 Q And, the instruments that are written in handwriting

17 next to the names, do they correspond to the instrument that each

18 of these musicians play?

19 A Yes.

20 Q Who was in charge of leading or...

21 A The Musical Director directing the band?

22 Q Yes.

23 A Well, my... I was the Musical Director, but I guess my

24 assistant, who is usually my Musical Director. But, since he’s

25 got to take a step down when I took over, it would be Ennio



1 Gatti, the pianist.

2 Q Did he also coordinate for the sign-in sheets, for the

3 musicians, for each rehearsal?

4 A Yeah.

5 Q And, would he have been the person that paid the per

6 diems?

7 A On the road, yeah.

8 Q How much did Ennio Gatti charge for his participation?

9 A I don’t know. I don’t have the numbers to...

10 Q That’s fine.

11 ATTORNEY GONZÁLEZ-ROBINSON: Do we want to break for

12 lunch now?

13 ATTORNEY SAAVEDRA-CASTRO: Yeah, this is a good time.

14 A Whatever. If you want to keep going, I’ll keep going.

15 ATTORNEY SAAVEDRA-CASTRO: Let’s keep going.

16 ATTORNEY GONZÁLEZ-ROBINSON: Okay, we’ll go a little

17 more, and then we’ll pause.

18 A Just don’t fall asleep.


20 Q Mr. Colón, you were sued by Mr. Pepe Dueño around the

21 time of the Siembra concert. Is that correct?

22 A Yes.

23 Q Can you tell me the reason for that lawsuit and when it

24 was filed?

25 A The reason for the lawsuit was because I canceled.



1 Q You canceled what?

2 A I canceled a concert.

3 Q Where was the concert supposed to be held?

4 A At the Bellas Artes.

5 Q In Puerto Rico?

6 A Yes.

7 Q Santurce?


9 Q Now, we have three (3), different Bellas Artes.

10 A Oh, I only... I’ve only played at one (1) of them.

11 That’s the only one I’ve ever seen, the old one.

12 Q When was that concert supposed to be held?

13 A In April. I don’t recall. It was before the Siembra

14 concert.

15 Q In 2003 or 2002?

16 A I think it was in 2003.

17 Q Why did you cancel the concert?

18 A I got sick.

19 Q What was your condition?

20 A I was... it was... what do you call it... laryngitis.

21 Q And, when did you cancel the concert?

22 A Just... probably a week (1) before, the week of the

23 concert.

24 Q Who represented you for that concert?

25 A That, Pedro Michelena brought to me.



1 Q Did he bring it to you directly or through a

2 representative?

3 A He brought it directly. He’s a booking agent.

4 Q Had you received payment in accordance with the

5 conditions for that show?

6 A Yeah, we had the fifty percent (50%) already.

7 Q And, what was Pepe Dueño’s claim against you?

8 A Breach of contract.

9 Q How was that matter resolved or has it been resolved?

10 A Yeah, it was resolved. I paid him. We came to an

11 agreement, a financial agreement, and I paid him.

12 Q Was the financial here, in the Court of Puerto Rico, or

13 was it in the Court of New York?

14 A It was here, in Puerto Rico.

15 Q Who represented you, at the time, legally?

16 A It’s a... it was a... I can’t remember the name of the

17 firm.

18 Q Is it a local firm?

19 A Yeah.

20 Q Who represented Mr. Pepe Dueño?

21 A Hernández-Mayoral and Juan Saavedra.

22 ATTORNEY SAAVEDRA-CASTRO: Actually, I did not.

23 A Oh, you didn’t. Oh, okay. Hernández-Mayoral.


25 Q When was the agreement reached in that matter, that



1 legal case?

2 A I want to say that we reached the agreement before the

3 concert, but I’m not quite sure.

4 Q Before Siembra?

5 A Before Siembra, yeah.

6 Q Was...

7 A Because I had the pressure of the concert coming, and I

8 just wanted it to go away. So...

9 Q Did you have any attorneys in New York representing you

10 in connection with the Pepe Dueño litigation?

11 A I had Pryor Cashman, and then we switched it over to...

12 if you could give me a minute, I’ll...

13 (PAUSE)

14 A Romero (phonetic) something.


16 Q Did you also have the advice of Attorney Das Vélez in

17 connection with the Pepe Dueño matter?

18 A Well, you see, Das is... yeah, Das, as a matter of

19 fact, he started... the thing is Das is like a friend... you

20 know... not like an attorney-attorney.

21 He’s a friend who happens to be a lawyer, and... you

22 know... it wasn’t actually the formal thing. Sometimes I’d call

23 him and... you know... just ask him something or... you know...

24 so I think he did make... he did speak to them.

25 But, we switched it over to another... to a local guy



1 to finish the... to do the actual nuts and bolts.

2 Q But, you discussed with him the merits of the case?

3 A Of...

4 Q With Das Vélez.

5 A ... the Pepe Dueño thing?

6 Q Yes.

7 A Yeah.

8 ATTORNEY GONZÁLEZ-ROBINSON: I’m going to mark... please

9 mark this as Exhibit 006.



12 ATTORNEY GONZÁLEZ-ROBINSON: Thank you. I’m showing the

13 Witness what’s been marked as Exhibit 006. I would ask him

14 to please read that.

15 (PAUSE)


17 A Okay.


19 Q Exhibit 006 is a newspaper article, correct?

20 A Uh huh.

21 Q From Eva Sánchez, out of New York?

22 A Yes, it is.

23 Q And, does Exhibit 006 refresh your recollection with

24 respect to what concerts...

25 A Yeah.



1 Q And, there were two (2) concerts that were canceled,

2 correct?

3 A I didn’t... I missed that.

4 Q The 24 and 25 of October, 2002? th th

5 A Okay, that was... the contract was only for one (1)

6 gig, with a possible second date. There was no... the second date

7 wasn’t for sure. It just depended on sales. If they were to sell

8 out the first one, then we would do the second date.

9 Q And, Mr. Dueño was asking for seventy thousand dollars

10 in connection with the breach or the cancellation, correct?

11 A That is correct.

12 Q Is it true that you stated, through Das Vélez, that you

13 had never received any money in connection with that show?

14 A It looks like Das said that. Yeah, actually, Michelena

15 had received the fifty percent (50%) of the money.

16 Q And, is it true that you filed a Counter-Claim against

17 Mr. Dueño?

18 A I really don’t recall how we settled the matter.

19 Q This article states that you filed a Counter-Claim in

20 the Federal Court of New York.

21 A You know, I think that we were able to settle the

22 matter without going through all of this, going to the Federal

23 Court, in New York.

24 You know, it really wasn’t that much money. It wasn’t

25 that big a deal. I think that the numbers were a little inflated.



1 Q But, Mr. Dueño did allege that you canceled the concert

2 to the detriment of the people who had paid their tickets,

3 correct?

4 A That’s what he alleged, yes.

5 ATTORNEY GONZÁLEZ-ROBINSON: I would like to mark the

6 next exhibit, Exhibit 007.



9 ATTORNEY GONZÁLEZ-ROBINSON: Thank you. I’m showing the

10 Witness Exhibit 007, and I’m going to ask him to, please,

11 just briefly look at it and read the contents of Exhibit

12 007.




16 A Okay.


18 Q Do you recognize Exhibit 007?

19 A Oh, yeah.

20 Q And, that’s an article from El Diario La Prensa,

21 correct?

22 A Yeah.

23 Q And, can you please...

24 A Well, just first of all, this guy has no credibility.

25 Q Which guy?



1 A This guy Juan Moreno-Velázquez. He’s... you know... he

2 does kind of yellow kind of journalism, very sensationalistic, I

3 think.

4 Look at the title of the thing, “Willie Colón defrauda

5 a P.R.”. You know, right there, that’s a very bias and injurious

6 kind of statement to use as a headline.

7 Q But, was that the actual statement made by Pepe Dueño

8 to him or in the lawsuit?

9 A I don’t know. But, to lead an article with that is just

10 really very bias and... you know... you can see that it’s mal-

11 intentioned.

12 Q In paragraph seven (7) of the article, they’re

13 supposedly quoting Mr. Dueño, saying:

14 “La forma en que Colón manejó este asunto distó mucho

15 de una persona con su experiencia y supuesto

16 profesionalismo.

17 Colón, siendo político, debería dar el ejemplo y ser lo

18 suficientemente responsable de pagar los gastos del evento

19 que él mismo canceló.”.

20 A See, there, again... you know... what... “Colón, siendo

21 político...”, what does that have to do with the price of eggs?

22 He’s trying to make statements that are going to shame

23 me and force me to... you know... that has nothing to do with the

24 facts.

25 You know, I had a doctor’s note that said that I was

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1 sick. You know, I didn’t do it on purpose. And, it was more an

2 act of God. I mean I think that we settled with him to make this

3 thing go away, in order for the other... for Rubén’s concert to

4 come, to go through.

5 Q Was he threatening to attach or put a lien over the

6 tickets?

7 A Well, we didn’t know how far the thing was going to go.

8 And... you know... I didn’t want me to be coming in with baggage

9 that was going to jeopardize the thing for Rubén, me and Rubén,

10 and everybody else. So, I... you know...

11 Q And, in this case, did you have proof that they had

12 returned the money to the people who had purchased the tickets?

13 A No, I didn’t have proof that they returned the money.

14 But, I had... the reason that Das was saying that I didn’t

15 receive a penny was because we gave the money back to the

16 promoter... I mean to the agent, to Michelena.

17 So, we had no money. We gave it all back. And, if

18 Michelena didn’t give it back, I don’t know what happened from

19 there on because we got it from Michelena.

20 Q What was the final settlement money paid then to Pepe

21 Dueño?

22 A We made an agreement where I would pay small amounts

23 over time. I think we were paying like five thousand dollars

24 ($5,000.00) a month or something like that. That’s it.

25 Q Was there an actual Settlement Agreement filed in the



1 Court?

2 A I believe so. I don’t know if we did it... if we just

3 agreed over the phone or if we filed it or whatever. But... you

4 know... I agreed I’d pay it, and I wanted it to go away. So, we

5 made a payment deal, so I wouldn’t have to come up with a big

6 lump sum.

7 Q Did Mr. Dasil Vélez...

8 A Das was... I removed Das from the situation as soon as

9 the... when this started, when he made these statements and this

10 started to blow up into a Federal case, I said “Wait, wait, wait,

11 hold on, hold on.”.

12 So, I got a local person, and I tried to just... you

13 know... make this... make contact with his representatives and

14 make it go away.

15 You know, it’s not in my interest to have a big court

16 battle and have headlines like this. You know, I try to avoid

17 stuff like that.

18 Q What about entering into a Settlement Agreement to

19 resolve the matter, did you consult that with Mr. Das Vélez?

20 A No, he was completely removed from the situation

21 afterwards because I just felt that it wasn’t going in the right

22 direction. I think it was exacerbating, the situation, more than

23 making... coming to a resolution.

24 Q Did he... did Das Vélez otherwise provide any type

25 of...



1 ATTORNEY SAAVEDRA-CASTRO: Objection.


3 Q ... opinion about the matter?

4 ATTORNEY SAAVEDRA-CASTRO: Wait a minute. That’s

5 privileged communication what the attorney told Mr. Colón,

6 ma’am. So, that’s not going to... that’s not a proper

7 question.

8 ATTORNEY GONZÁLEZ-ROBINSON: Well, he just testified

9 that his communications with Das weren’t in the context of

10 an attorney/client relationship.

11 ATTORNEY SAAVEDRA-CASTRO: That’s not... I didn’t hear

12 that that’s what he said.

13 ATTORNEY GONZÁLEZ-ROBINSON: As far as I can recall, he

14 stated he’s a friend who happens to be a lawyer.

15 ATTORNEY SAAVEDRA-CASTRO: Well, I...


17 Q As a friend, did he provide you any advice?

18 ATTORNEY SAAVEDRA-CASTRO: Wait, wait, Counselor,

19 Counselor, Counselor, the information that we have in front

20 of us is that this gentleman is an attorney, and that he was

21 providing legal services to Mr. Colón.

22 And, you just asked... you’re just, for the first time,

23 asking what Mr. Vélez told him. And, I’m telling you this is

24 outside the bounds. It’s privileged communication.




1 Q Did you communicate with Mr. Vélez in the context of an

2 attorney/client relationship?

3 A Like I said, this here, when he spoke this, he was

4 being an attorney. He was being my attorney, yeah.

5 Q When did he cease to be your attorney then?

6 A After this. After this situation was... you know...

7 after we moved on from this.

8 Q From the date that this article was issued or the date

9 that you...

10 A I don’t know the exact date. But, afterwards, we

11 changed representatives, so we had someone local pick it up.

12 Q And, you never again communicated with Mr. Vélez about

13 the matter or did you continue to talk about the matter?

14 A No, he was not involved in it anymore.

15 Q Okay, do you remember reading this headline?

16 A Yeah, this here, the “Willie Colón defrauda a P.R.”, of

17 course I do.

18 Q At the time when it was published?

19 A Yeah, yes.

20 Q Did you ever do the concerts at Bellas Artes?

21 A No.

22 Q Going back to your testimony about when Rubén Blades

23 called you from wherever he was filming, do you...

24 ATTORNEY SAAVEDRA-CASTRO: Can you be a little bit more

25 precise because he mentioned several phone calls.



1 ATTORNEY GONZÁLEZ-ROBINSON: The first phone call.

2 ATTORNEY SAAVEDRA-CASTRO: The first phone call to talk

3 about the concert?


5 Q When was that?

6 A I can’t tell you. I really don’t know. I don’t recall

7 exactly when it was.

8 Q The Complaint that is filed states that:

9 “On January, 2003, Plaintiff Colón agreed with

10 Defendant Blades to perform at a musical concert, in San

11 Juan.”. Does that refresh your memory?

12 A Read it again, please.

13 Q “On January, 2003, Plaintiff Colón agreed with

14 Defendant Blades to perform at a musical concert, in San

15 Juan, Puerto Rico, for a three hundred and fifty thousand

16 dollar ($350,000.00) to be evenly split between them.”

17 Is that an accurate statement?

18 A Yes.

19 Q Would January, 2003 then be the time, the date, where

20 he called you?

21 A Did you say a date there?

22 Q January, 2003.

23 A January, well, yes, okay.

24 Q It would have been January, 2003?

25 A Yeah.



1 Q How did... did Mr. Blades agree with you to collect the

2 fee and make payments to you?

3 A How did he agree to...

4 Q Yeah, what terms did he use?

5 A We only spoke... we spoke about how much the pay was,

6 and then we were going to split it fifty/fifty (50%/50%).

7 I don’t think we got down the road to saying who was

8 going to give me the money and how I’m going to get it. Because

9 we’ve worked together a bunch of times, and we know you get the

10 money by wire transfers. You get your money by certified check.

11 You get... you know... it depends.

12 Once we... look, we’ve been doing this for a long time.

13 And, once we agreed to the ground rules, that’s it. The basic

14 thing to agree is, number one, do you want to do it? Number two,

15 are you open for that date? And... you know... the rest is just

16 fine tuning, details. It’s not...

17 Q But, your claim states that he agreed to be in charge

18 of collecting the fee and making payment to you.

19 ATTORNEY SAAVEDRA-CASTRO: Objection. The statement is

20 incomplete. The Complaint speaks... has more words than what

21 you just described, ma’am. I think your mischaracterizing

22 what the language is.

23 ATTORNEY GONZÁLEZ-ROBINSON: For the record, I’ll state

24 what the Complaint states.

25 ATTORNEY SAAVEDRA-CASTRO: Thank you, ma’am.



1 ATTORNEY GONZÁLEZ-ROBINSON: “Pursuant to the agreement

2 between them, Rubén Blades will be in charge of the business

3 aspects of the concert, including collecting the fee, making

4 payments to Colón, and Colón will be in charge of the

5 concert’s production.”

6 ATTORNEY SAAVEDRA-CASTRO: Thank you, ma’am.

7 A Okay.


9 Q How then was Rubén Blades in charge of collecting the

10 fee and making payment to you?

11 A The reason he was going to be in charge of collecting

12 the fee is because it was his gig. He’s bringing it.

13 Q And, he stated that in that conversation?

14 A Well, I mean he’s calling me about the gig. I mean he

15 doesn’t have to... we’re talking about it, and he’s bringing it.

16 You know, I’m not... you know... I’m not... I didn’t call him up

17 and say “Hey, Rubén, you have a gig. Give it to me.” or

18 something.

19 You know, he’s calling me. He needs me. He’s got an

20 offer. He’s got a client there. He’s got an offer. He wants to

21 take advantage of it. So, now he’s going to bring me into it.

22 Basically, where’s the money coming from? His guy. What

23 does he need from me? He needs me to put the band together and...

24 you know... can I do it. Do I agree to it? That’s it.

25 Q But, did he specifically tell you he would collect the



1 fee and make payment to you?

2 A I expect him to collect the fee. If he’s bringing it,

3 it’s going to come through him.

4 Q So, you assumed that?

5 A It goes without saying. I mean what is he bringing?

6 Q Does Mr. Rubén Blades usually take responsibility for

7 collecting the fee himself and paying you for other concerts?

8 A You know, he’s not going to... maybe he’s not going to

9 go and take the money and put it in (phonetic). But, if he’s...

10 if his organization... if he’s going to do... if he takes

11 responsibility for the job, then I am comfortable that he’s going

12 to come through with it because he’s a reputable person as far

13 as... you know... he doesn’t have... he has a reputation for

14 being a pretty straight person.

15 Q Did you know that Martínez, Morgalo & Associates

16 charged a ten percent (10%) commission for booking this show?

17 A That’s kind of a standard... that’s a standard thing. I

18 mean, if I were to bring something in, I might take ten percent

19 (10%) off the top just for handling all of the... just the calls

20 and... you know... paying people for doing all of the legwork.

21 Q So, it was a thirty-five thousand dollar ($35,000.00)

22 commission that you knew of?

23 A It’s a standard fee, yeah.

24 Q And, the commission was for booking the show and all of

25 those things you just mentioned, correct?

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1 A Right.

2 Q And, it was also for the collection and payment of the

3 three hundred and fifty thousand dollar ($350,000.00) fee?

4 A Yeah, but Rubén... it was... it’s Rubén’s company. It’s

5 like...

6 Q Are you saying that he also charged this... he was part

7 of the thirty-five thousand ($35,000.00)?

8 A Yeah, that ten percent (10%) is going into his company.

9 It’s just like, if I use my company, El Malo, Inc., to do a... to

10 make a deal, my company is going to have to charge a commission

11 for it... you know... or whatever fees are necessary.

12 If it’s a consultancy and I have to bring in some

13 people as consultants, El Malo is going to have to pay for it,

14 but it’s me.

15 Q So, you believe that Mr. Blades is a shareholder of

16 Martínez, Morgalo & Associates?

17 A I believe that he was an associate of... one of the...

18 when it says “Martínez, Morgalo & Associates”, Rubén Blades is

19 the associate.

20 Q Associate like a silent partner?

21 A Well, not so silent. I mean I’ve seen things where...

22 you know... you know... it shows, buying things like for Poll

23 Star, for trade magazines, where it shows. It says Martínez,

24 Morgalo booking, Rubén Blades management. It’s Poll Star. It’s a

25 trade magazine.



1 Q Did you discuss then this ten percent (10%) commission

2 and whether it was actually going to Rubén Blades?

3 A I don’t care where it’s going. I mean, if it’s on there

4 and Rubén saw it... you know... it’s a standard, a fee, that’s

5 used for... you know... lawyers usually charge ten percent (10%)

6 or more if they close a record deal for you. You know, that’s the

7 way it is. It’s part of the business.

8 Q So, you accepted the fact that Martínez, Morgalo would

9 charge a ten percent (10%) commission on this deal?

10 A Right.

11 Q And, that it would be deducted from the fee?

12 A It would be deducted off the top, yeah.

13 Q Does your company charge a commission for promoting or

14 booking deals?

15 A It depends, it depends, if we’re doing something like

16 that. Let’s say I... something comes up and I bring something to

17 an artist or whatever, I get... my company will take ten percent

18 (10%), yeah.

19 Q And, what does that ten percent (10%) include?

20 A The ten percent (10%) is the finder’s fee, ten percent

21 (10%) is for handing the gig over to him, to the artist.

22 Q Are you aware of the negotiations that took place

23 between Martínez, Morgalo and Rubén Blades?

24 A No.

25 Q How about the negotiations between César Sainz and

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1 Ariel Rivas and Martínez, Morgalo & Associates?

2 A No, when it came to me, it was three, fifty

3 ($350,000.00)... half of three, fifty ($350,000.00), which was a

4 hundred and seventy-five ‘grand’ ($175,000.00) for me.

5 Q Do you know who proposed to Rubén Blades to do a show,

6 Siembra, with you?

7 A No.

8 Q Originally?

9 A No.

10 Q Do you know who proposed to Martínez, Morgalo to do a

11 show, Siembra, in Puerto Rico?

12 A No.

13 Q Do you know when Rubén Blades was informed about the

14 offer to do a show, in Puerto Rico?

15 A No.

16 Q Did Rubén Blades tell you when he received the offer to

17 do a show, in Puerto Rico?

18 A I have to assume it was just... you know... previous to

19 him calling me. It had to be something pretty urgent for him to

20 call me from the set and tell me... you know... that he’s got

21 this gig. So, I guess it was sometime in January, and maybe they

22 told him in December. I don’t know. I don’t know how long this

23 thing was cooking. I don’t know.

24 Q What details do you feel were kept from you with

25 respect to the engagement agreement?

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1 A Well, that there was sixty-two thousand dollars

2 ($62,000.00) that was credited, which he received, in 2002. You

3 know, that they were already into... they were kind of cross-

4 collateralizing things. There was something strange going on with

5 the money now.

6 Q Did you read...

7 A And, another thing was Rubén is usually on it. I mean,

8 when we are putting a show together, Rubén will be there. He

9 makes all of the rehearsals and everything.

10 And, I was feeling that he was avoiding me. You know,

11 he wouldn’t...

12 Q Why would he avoid you after he called you to do the

13 show?

14 A He called me to do the show. But, then I got this crazy

15 offer... you know... to try to cut my percentage down to thirty

16 percent (30%), which that was totally nuts. I don’t know why he

17 would even try that.

18 And, then he didn’t make any of the rehearsals, which

19 was very strange, not even the one in Puerto Rico.

20 Q Why did you think it was strange?

21 A Because he was there. There was no reason for him not

22 to come down out of his room and come and do the ‘friggin’

23 rehearsal.

24 And, then, when I went to see what the hell happened,

25 he gives me some baloney about that he was on the phone with some

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1 girl, and that he knew Papa Dios was going to take care of me.

2 Don’t give me that crap, the Papa Dios crap. You know,

3 it was really so ingenuous (sic) and unbelievable... you know...

4 that it started making me suspicious. And, now I’m beginning to

5 put the brakes on.

6 Q Why... what’s suspicious about not making a rehearsal?

7 A This is an important show. You can’t just walk out on

8 the stage and then... this isn’t like something he does everyday.

9 You know, it’s a very intense show. You know, it’s like

10 a fight. You’ve got to build up to do your fifteen (15) rounds.

11 You can’t just go in there and knock this off.

12 These are really hard songs, and it’s a really intense

13 show. And, for him not to show up at any of the rehearsals was

14 just totally weird.

15 Q What did you think was happening with him?

16 A I just had a feeling that he was avoiding me, that he

17 couldn’t face me for some reason. And, now that we have this

18 specter (phonetic) of someone running away with the money... you

19 know... and I’m hearing stories here and there, I’m beginning to

20 get a little spooked by this.

21 Q Do you know whether he rehearsed separately the songs?

22 A He can’t.

23 Q Do you know whether he practiced the music, the song

24 lyrics?

25 A It’s not the same, it’s not the same. You need to do a

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1 dress rehearsal.

2 Q So, he did, in fact, just walk on the show and perform

3 that night?

4 A He walked on the show and performed, yes.

5 Q And, the show was a success, wasn’t it?

6 A Yes, it was a success. But... you know... previously,

7 we did the same... you know... even with the rehearsals, that

8 show at La Carlotta, you can see it on You Tube where he screwed

9 up a bunch of times.

10 And, having had that happen, I’m surprised that he

11 didn’t say “Let me get a little insurance policy and run it over

12 with the band.”, run it through with the band.

13 It’s one thing to go over the stuff on paper or sing

14 it... you know... karioke. But, it’s another thing trying to belt

15 that stuff over the band with the intensity, different rhythms,

16 the level of the band, the sounds.

17 It’s not the same. I mean really he should have made

18 like two (2) or three (3) rehearsals.

19 Q Were you angry at the fact that he didn’t go to the

20 rehearsals?

21 A No... you know... I was kind of bewildered. You know,

22 I’m saying “Man, he’s setting himself up to pasar una verguenza.”

23 Q So, your testimony is that he called you to do the

24 show?

25 A Uh huh.



1 Q Then, there was the crazy offer to take down your

2 percentage to thirty (30%)?

3 A Yeah.

4 Q Then, both of you agreed to a fifty/fifty (50%/50%)

5 split?

6 A Well, yeah.

7 Q And, after that, he avoided you or kept details from

8 you about the show?

9 A I had to keep talking to Arturo. It was... look, he

10 took my calls if I would call from some number, some cell phone

11 number. But, there was definitely... he was distancing himself to

12 a certain extent.

13 And, when I expected that we would really be able to

14 kind of bond when he came to New York for a series of rehearsals,

15 he didn’t show up for any of them at all.

16 You know, that was beginning to get... you know...

17 now... you know... and then Arturo disappears and...

18 Q Your relationship with Arturo Martínez was pretty

19 cordial, wasn’t it?

20 A Well, yeah, I had just met the guy really. This is the

21 first time I really worked with him that closely. And, he showed

22 up one (1) or two (2) times, and we spent some... a couple times

23 together.

24 He was a personable guy. He’s a nice guy. And, he

25 seemed do really humble and pretty competent.

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1 I think it was the last or the next to the last

2 rehearsal that he didn’t show up. And, somebody told me “No, he

3 went ahead to Puerto Rico.”. And, I said “Well, okay. But, what

4 happened with the money he was supposed to give me before we

5 leave?”, “Ah, you’ll get it in Puerto Rico.”. I said “Oh, no,

6 here we go.”.

7 Q Who told you that?

8 A That’s...

9 Q Arturo?

10 A Huh?

11 Q Arturo Martínez?

12 A Arturo, yeah, yeah, “See you in Puerto Rico.”.

13 Q And, about a month (1) before the concert, you were

14 talking with Arturo about everyday, correct?

15 A Yeah, we talked often.

16 Q And, you, in fact, talked about maybe doing some things

17 in the future together, aside from the Rubén Blades thing? Isn’t

18 that true, about the possibly of?

19 A Yeah, well, yeah, he spoke to me of possibly booking me

20 for some other stuff.

21 Q And, you agreed to that in concept?

22 A Well... you know... you get three hundred and fifty

23 ‘grand’ ($350,000.00) hanging over your head... you know... it’s

24 always a nice atmosphere.

25 Q And, did you trust the statements that Arturo was

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1 making?

2 A I had no reason to doubt what he was telling me. I

3 didn’t know there was any trouble going on. I didn’t know there

4 was any money missing. I had no... I was completely in the dark,

5 like a baby.

6 Q You e-mailed back and forth with Arturo Martínez quite

7 often, correct?

8 A I must have.

9 Q How was your relationship with him when he booked the

10 Blue Note series?

11 A You know, I even forgot that he had booked that gig. It

12 was nice. It’s a nice... it was a nice gig, and he showed up.

13 Q Was he respectful?

14 A Yes, is he. That’s good. You know, he’s got good beside

15 manner.

16 Q Did he help you with the musical arrangements before

17 the concert?

18 A No, he’s not... that’s not his purview at all.

19 Q Would you be surprised... or have you read the

20 transcript of Mr. Arturo Martínez’ testimony?

21 A No, I have not.

22 Q Well, for your benefit, he stated that that sixty-two

23 thousand, five hundred dollars ($62,500.00) was never known to

24 Rubén Blades. Would that surprise you?

25 ATTORNEY SAAVEDRA-CASTRO: Objection. I think your

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1 mischaracterizing the testimony of Mr. Martínez. If you

2 refer to a specific page, the line of that deposition, I

3 think it would be the grounds necessary, Counselor.


5 Q Would you be surprised...

6 ATTORNEY SAAVEDRA-CASTRO: Your summarizing is not

7 accurate.


9 Q Would you be surprised if Rubén Blades knew nothing

10 about the sixty-two thousand, five hundred dollars ($62,500.00)

11 that was applied towards the Siembra show as a deposit?

12 A Would I be surprised? Yeah, I’d be surprised if he

13 didn’t know.

14 Q And, you would be surprised if Martínez, Morgalo &

15 Associates had never told Rubén Blades that they had received

16 sixty-two thousand, five hundred dollars ($62,500.00), in 2002,

17 and never paid it to Rubén Blades?

18 A I would be surprised if that were the case, yes.

19 Q Do you believe that it was Rubén Blades who authorized

20 that the sixty-two thousand ($62,000.00) be applied towards the

21 Siembra show?

22 A Actually... you know... now that we’ve got all the

23 fatalities and whatnot, I don’t care how or why it happened, but

24 it happened on his watch.

25 If you give me money... if I give my son money to go

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1 pay my cable bill and he runs away with it and spends it on

2 something else, am I going to tell the cable company “No, I

3 already paid. My son was carrying the money.”. It’s not my

4 problem.

5 Q But, you knew, before traveling to Puerto Rico, that

6 Rubén Blades was claiming he did not know what happened to the

7 balance of the...

8 A I... no, I was going to meet... I was waiting for

9 Alex... the reason I went to Puerto Rico was because I had

10 received some money. And, if the money shows up in Puerto Rico

11 and I’m not in Puerto Rico, then I’m going to have a bigger

12 problem.

13 And, I had just gotten over this thing with Dueño, and

14 we went through so much. So, I said I’m going to be there. If the

15 money shows up, the show was going to go on.

16 Q What if the money didn’t show up?

17 A Then, I wasn’t going to play.

18 Q So, you traveled to Puerto Rico with the whole band?

19 A I had sixty-two ‘grand’ ($62,000.00). That would... it

20 would be possible for me to cover my men and have... you know...

21 some kind of compensation, but not... you know... and, so, yeah,

22 I was covered. It was covered.

23 I didn’t want to leave an opening for the money to show

24 up and everybody waiting, and then I would default again... you

25 know... breach of contract again by not being there.

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1 Q What gave you the sense or the hope that the money

2 would show up?

3 A Rubén’s involvement. I figured that... you know... he

4 would keep his good name. When we first started talking about the

5 guy who ran with the money, I’m telling Rubén “Rubén, you’re

6 sure?”, “No, he’s a good kid.”, blah, blah, blah, “He’s going to

7 show up. He’s going to show.”.

8 So, we... and we’re waiting for Arturo to show up, in

9 Puerto Rico.

10 Q But, before you traveled to Puerto Rico, you knew that

11 Robert Morgalo had disappeared to Iraq? Isn’t that true?

12 A I never even dealt with Robert Morgalo.

13 Q But, did you know he was not involved in... he was no

14 longer in the country?

15 A No, no, I don’t... the only guy I dealt with was Arturo

16 Martínez.

17 Q Did you know Arturo had been hospitalized before

18 traveling to Puerto Rico?

19 A No.

20 Q When did you find out he had been hospitalized?

21 A I had no... I didn’t know anything about that. For

22 what?

23 Q When did you first learn that he had been hospitalized?

24 A I thought that was more of the bullshit, that... you

25 know... “Oh, he’s going to kill himself.” or something like that.

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1 Q But, when did you find that out?

2 A That was after the facts. You know, I’m still...

3 Q After traveling to Puerto Rico?

4 A After traveling to Puerto Rico. After we did the

5 concert and he never showed up, then... you know... “Where’s

6 Arturo? I heard that he...”... you know.

7 But, I don’t want hear that crap. You know, that’s... I

8 thought that it was just a story, a cover story.

9 Q When did Rubén Blades call you to let you know that the

10 money had disappeared?

11 A Actually, the money hadn’t officially disappeared until

12 we were in Puerto Rico. Because, if he would have told me the

13 money had disappeared when we were in New York, then I would have

14 put the brakes on.

15 Q Your Amended Complaint states, in paragraph thirteen

16 (13), that:

17 “According to his deal...”... I’m reading the full

18 paragraph...

19 ATTORNEY SAAVEDRA-CASTRO: Thank you. The number?

20 ATTORNEY GONZÁLEZ-ROBINSON: Paragraph thirteen (13).



23 Q “According to his deal with Blades, Plaintiff Colón had

24 to be paid his full fee prior to traveling from New York to

25 San Juan, Puerto Rico, for the concert.”

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1 You’ve testified to that.

2 “However, Blades informed Colón a few days prior to the

3 concert that Martínez had disappeared with the money to be

4 paid to Colón.”

5 A That’s our statement?

6 Q That’s correct. Is that a true statement?

7 A The disappearing part... you know... is that permanent?

8 No, because I still had the hope that he was going to show up in

9 Puerto Rico.

10 Q So, he did not call you a few days prior to the concert

11 to tell you that Martínez had disappeared with the money?

12 A I... that Martínez had disappeared with the money, I

13 don’t recall right now. I know that I was... yeah, we did talk

14 about... yeah, we did, because we were thinking about not going.

15 From New York, we were thinking about not going. That’s

16 right. And, that’s when I made the decision that we would go

17 because he had disappeared with the money, yes. And, that I went

18 to Puerto Rico in the hopes that he would show up because nobody

19 knew where he was.

20 Yes, he did call me and tell me that Arturo had

21 disappeared with the money.

22 Q Did Rubén Blades also say that he wanted to cancel the

23 show given the circumstances?

24 A He said he didn’t know what to do. He didn’t say he

25 wanted to cancel the show.

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1 Q So, you made the decision that “We better go to Puerto

2 Rico.”?

3 A Well, I made the decision that, since I had taken

4 sixty-two ‘grand’ ($62,000.00) and if Arturo wouldn’t show up

5 with the money, we could still do this deal.

6 Q Do you remember when that conversation took place?

7 A It was with the trip being imminent. You know, it had

8 to be the day before or two (2) days before leaving.

9 Q Were there any other participants to that conversation?

10 A Yeah, there was... I got Das on the phone.

11 Q On speaker phone?

12 A Yeah.

13 Q From your office?

14 A No, we made a conference call, and we spoke about it.

15 Q Do you know, approximately, what time that was?

16 A No.

17 Q Was it in the morning, in the evening?

18 A I don’t remember.

19 Q So, you generated the phone call...

20 A It couldn’t be in the morning, in New York, because he

21 was on the west coast. So, I’d say it was in the afternoon.

22 Q And, you generated the phone call to Rubén or did he

23 call you and you put Das on the phone?

24 A I think Rubén called me. I’m not sure how it went

25 exactly, the genesis of the call. But...

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1 Q Please tell me everything you remember about that

2 conversation?

3 A What I remember is...

4 ATTORNEY SAAVEDRA-CASTRO: Can we take a two (2) minute

5 break? I have to go to the bathroom.

6 MR. MORGALO: Yeah, if you’re going to take a break, I’m

7 after you.

8 ATTORNEY GONZÁLEZ-ROBINSON: Off the record.

9 (Off the record.)

10 (Brief recess.)



13 Q Please tell me everything you remember about that

14 conversation, that conference call, with Das?

15 A Okay, we were all... see, I... that’s like the

16 standoff. When you get your deposit and the rest of the money

17 goes, as soon as you leave, as soon as you travel, you lose your

18 leverage. You have no leverage.

19 So, you have to... you should stay put. That’s forty

20 (40) years of experience in this business. And, I’m talking about

21 it with Rubén and we’re saying “Well, let’s not go.”.

22 And, then we started to take a look at what are the

23 consequences if we don’t go. There’s going to be a lot of people

24 showing up to the concert, and it’s going to be a big black eye.

25 And, then we asked Das “What do you think?”. Das said



1 “I think you should go in case the money shows up.”. And, that

2 made sense to me.

3 I said “Well, how about we’ll go little further. But,

4 if we don’t go, then it’s going to be impossible to do the

5 deal.”. So, we went. But, I’m still thinking that Arturo’s going

6 to show up.

7 Q But, by the time you had that conversation, you had

8 already seen the faxes that the promoters had sent to Rubén

9 Blades about all the payments that had been made?

10 A Yeah, I asked for proof that Rubén... that the money

11 was sent, that the promoter did pay the money.

12 Q And, did Das also look at those documents?

13 A No, no, he didn’t look at them.

14 Q Was he aware that the promoters had paid a hundred

15 percent (100%) of the fee?

16 A Well, after I got him, I let him know that. But, to

17 me... you know... to me, that complicated stuff also. You know

18 what I’m saying?

19 Now, all of the money... so I wanted to be... I became

20 a little more flexible. So, I said “The guy paid all the money.”.

21 I still thought that Arturo was going to show up. And, I thought

22 it was... I didn’t think it was going to be... turn into... you

23 know... what it turned into.

24 But, normally, I wouldn’t have extended that courtesy.

25 I wouldn’t have went if I didn’t think that... you know...

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1 because Rubén’s word was in the middle and because I had... I

2 trusted him to... I trusted his judgement and his integrity.

3 Q Did Rubén express any hope that he believed that Arturo

4 would show up or did he tell you he had been hospitalized?

5 A No, the hospitalization part, I don’t know when I heard

6 about that. The last thing that happened was we finished the

7 rehearsal.

8 And, strangely enough, Rubén or Arturo didn’t show up.

9 So, I’m there talking with my guys, and they’re... you know...

10 and I’m scratching my head. You know, I said “Something is

11 wrong.”.

12 And, so I started getting on the phone with Rubén, and

13 we figured... we decided we were going to go to Puerto Rico.

14 Q That’s when the decision was made?

15 A Yeah.

16 Q You were in New York?

17 A Yeah.

18 Q And, he was in Los Angeles?

19 A I don’t know if he was in Los Angeles or he was on that

20 filming site, wherever he was filming.

21 Q And, the decision was to go to Puerto Rico and do the

22 show?

23 A The decision was to go to Puerto Rico and wait for

24 Arturo to show up with the money.

25 Q And, in case he didn’t show up, did you make any plans

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1 for that contingency?

2 A Well, I was hoping we wouldn’t have to go there. You

3 know, still... I was kind of still... you know... hoping we

4 wouldn’t have to go there. You know, I didn’t want to have to

5 pull... I was going to have to go against Rubén and pull out.

6 So, we did the rehearsal. We waited for Arturo to show

7 up. And, it came closer... you know... to show time. We met twice

8 before the show. And, he told me “No te preocupes por la plata.

9 Yo se que soy responsable.”.

10 Q In Puerto Rico?

11 A Aquí, yeah.

12 Q What did Das Vélez say during that conversation to

13 Rubén Blades?

14 ATTORNEY SAAVEDRA-CASTRO: The telephone conference,

15 obviously?

16 ATTORNEY GONZÁLEZ-ROBINSON: The telephone conference.

17 A In the telephone call, he said that he thought we

18 should go play... or he said we should go to Puerto Rico. That we

19 should, at least, be there if the thing falls together, so that

20 we won’t breach, be sued for breach of contract.


22 Q But, even if the money didn’t show up, you have... the

23 promoters showed evidence of having paid the full amount,

24 correct?

25 A Right. Now, it was on Rubén though. If they paid

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1 Rubén’s office all the money and the money disappeared, it’s on

2 Rubén.

3 Q Do you have any documents that support your theory that

4 Martínez, Morgalo & Associates was an office of Rubén Blades?

5 A I saw a thing of an order for an ad in Poll Star.

6 Q And, I’m sorry, what is Poll Star?

7 A Poll Star is a trade magazine.

8 Q How do you spell the name?

9 A P-O-L-L S-T-A-R). And, that’s where all of the ads and

10 all of the agencies put their ads, so, when you want to buy music

11 or you... you know... it’s like a catalogue you go through.

12 And, there was an ad bought by Martínez, Morgalo &

13 Associates. It said “Booking: Martínez, Morgalo & Management:

14 Rubén Blades”, in one (1) ad.

15 Q Did Rubén Blades ever tell you personally that

16 Martínez, Morgalo was his company?

17 A No, he didn’t. He didn’t tell me, but he didn’t have to

18 tell me. Everybody knew that they were his... that he was the guy

19 there, everybody in the business. If you call any of those

20 people, they’ll tell you that they knew that that was Rubén’s

21 place. That was his house.

22 Q But, there’s a difference, certainly, between being an

23 agent for an artist and the artist owning the company of the

24 agent?

25 A Well, everybody knew that Rubén was paying... you



1 know... he was the guy that was subsidizing the office. It was

2 coming out of his pocket.

3 ATTORNEY GONZÁLEZ-ROBINSON: Okay, we can recess now.

4 Let’s break for lunch. Off the record.

5 (Off the record.)

6 A F T E R N O O N S E S S I O N

7 (3:05 P.M.)




11 Q So, your last testimony was about your decision to come

12 to Puerto Rico.

13 When did you travel to Puerto Rico? Was it the next

14 day?

15 ATTORNEY SAAVEDRA-CASTRO: Wait, wait, wait, let’s bring

16 ourselves to a time frame here.

17 At the end of the previous session, we were talking

18 about the telephone conference that he had with the attorney

19 and Rubén Blades. That took place at ‘X’ time.

20 So, when you’re saying “What happened next?”, you’re

21 referring what happened after that telephone conference?

22 ATTORNEY GONZÁLEZ-ROBINSON: Yes, what happened after

23 that telephone conference.

24 A I think, if I remember correctly, we came to Puerto

25 Rico the next day.




2 Q Did you travel alone or did you travel with someone?

3 A You know, the problem is that I take so many damn plane

4 trips with the band that I can’t remember... you know... if I

5 came with the band or if I came with... I know that I didn’t come

6 with Rubén because Rubén was not in New York.

7 But, I’m not sure if I came with the whole band or if e

8 came... you know... separately.

9 Q Do you remember if anyone picked you up at the airport?

10 A At the airport, probably Ariel’s crew because I

11 remember arranging that.

12 Q Do you remember when you met with Rubén Blades, in

13 Puerto Rico?

14 A It was at the hotel.

15 Q At the Condado Plaza?

16 A Yeah.

17 Q Do you remember that there was a press conference

18 scheduled for Friday, May 2 , at ten o’clock in the morningnd

19 (10:00 A.M.)?

20 A I remember a press conference, yes.

21 Q Do you remember that it was held at El Zipperle

22 restaurant, in Hato Rey?

23 A I’m going blank on that.

24 ATTORNEY SAAVEDRA-CASTRO: Don’t speculate. If you don’t

25 remember, you don’t remember.



1 A Just blank. It’s a blank.


3 Q Do you remember arriving with Rubén Blades and sitting

4 at a law conference table?

5 A I remember sitting at a table with Rubén, but I’m

6 remembering that at the hotel. I don’t remember that Zipperle

7 place.

8 Q Do you remember that Ariel Rivas and César Sainz were

9 there, as well as members from the press?

10 A Yeah, I remember a press conference. I don’t remember

11 if it was where... if it was at Zipperle. I remember it at the

12 hotel.

13 ATTORNEY SAAVEDRA-CASTRO: By the way, everybody in

14 Puerto Rico knows... in San Juan, knows the Zipperle

15 restaurant. Do you know what the Zipperle restaurant is?

16 A No.

17 ATTORNEY SAAVEDRA-CASTRO: Okay, I don’t think he

18 recognizes it.

19 ATTORNEY GONZÁLEZ-ROBINSON: Counsel, you have a copy of

20 that press conference, do you not?

21 ATTORNEY SAAVEDRA-CASTRO: I don’t know. I mean did you

22 send me one?

23 ATTORNEY GONZÁLEZ-ROBINSON: You were given a copy of

24 that by Richie Viera.

25 ATTORNEY SAAVEDRA-CASTRO: Okay, well...



1 ATTORNEY GONZÁLEZ-ROBINSON: Have you taken a look at

2 it?

3 ATTORNEY SAAVEDRA-CASTRO: No.


5 Q That press conference...

6 ATTORNEY SAAVEDRA-CASTRO: You have a copy of it, right?

7 ATTORNEY GONZÁLEZ-ROBINSON: I do.



10 Q At the press conference, there were questions posed to

11 you regarding the Pepe Dueño litigation. Do you remember that?

12 A I remember the press conference. I don’t remember the

13 details.

14 Q After speaking about that case, the press started to

15 ask questions about whether the show was going to be canceled and

16 what happened. Do you remember that?

17 A I remember the press conference, yes, yeah.

18 Q Do you remember that Rubén Blades spoke about what

19 happened and how the promoters had paid all the money, and that

20 you had... you both had seen evidence of the payment?

21 A Right.

22 Q Do you remember that you had with you a copy of all the

23 wire transfer documents?

24 A Yeah.

25 Q You do. Do you remember stating that it was a mystery,



1 that you did not know where the people were that were supposed to

2 make payment? Do you remember that?

3 A I really... I haven’t seen the conference nor read the

4 transcript, so I really don’t remember what words I said.

5 ATTORNEY GONZÁLEZ-ROBINSON: I’m going to ask the Court

6 Reporter to mark this as Exhibit 008. In fact, I’ll give you

7 the original. Counsel.

8 ATTORNEY SAAVEDRA-CASTRO: Gracias.



11 (PAUSE)


13 ATTORNEY GONZÁLEZ-ROBINSON: Now, I’m going to show the

14 Witness Exhibit 008.


16 Q This is a transcript of the press conference that was

17 held.

18 (PAUSE)



21 Q And, I’m going to ask you to go to page seven (7).

22 A Okay.

23 Q And, could you please read from line sixteen (16) on?

24 I’m sorry, can you start with line number thirteen (13), where

25 the reporter asks a question.



1 ATTORNEY SAAVEDRA-CASTRO: Which line?

2 ATTORNEY GONZÁLEZ-ROBINSON: Line thirteen (13).

3 A From line thirteen (13), “periodista”.

4 ATTORNEY SAAVEDRA-CASTRO: Well, wait. You say that this

5 is a transcript. I don’t know that.

6 ATTORNEY GONZÁLEZ-ROBINSON: Right.

7 ATTORNEY SAAVEDRA-CASTRO: I mean what we have here are

8 words and letters, and we don’t know where they came from.

9 Is there a question?



12 Q I will ask you, Mr. Colón, to read from line twenty-one

13 (21), out loud?

14 ATTORNEY SAAVEDRA-CASTRO: No, no, no, no, no, you’re

15 not going to do that. He can read it by himself. The

16 document speaks for itself. If you have a question, ask the

17 question.

18 ATTORNEY GONZÁLEZ-ROBINSON: Counsel, this is not in

19 evidence.

20 ATTORNEY SAAVEDRA-CASTRO: Ma’am, I don’t care

21 whether... he’s not here to read out papers that you submit

22 to him. So, ask a question, and he’ll answer the question.

23 He’s not going to read this out loud.


25 Q Mr. Colón, have you had an opportunity to read that?



1 A Yes, I have.

2 Q Do you remember stating that this was “Un momento

3 histórico en la musica y que, en verdad, este es algo que el

4 pueblo Puertorriqueño merece que nosotros hagamos.”? Do you

5 remember that?

6 ATTORNEY SAAVEDRA-CASTRO: Objection, objection to the

7 form.

8 A Yes, yeah.

9 ATTORNEY SAAVEDRA-CASTRO: Objection to the form. That’s

10 all.

11 A Can I answer?

12 ATTORNEY SAAVEDRA-CASTRO: Yeah, sure.

13 A Yeah, I remember saying that.


15 Q Do you remember saying “Tenemos mucho tiempo and mucho

16 dinero invertido. Hay mucha espectativa, y no queremos dejar este

17 momento perderse.”? Do you remember saying that?

18 A Yes.

19 Q Do you remember saying “Por eso, Rubén y yo hemos

20 decidido, de todas maneras, venir y presentar el concierto pase

21 lo que pase, contra viento y marea, y aquí estamos.”?

22 A Yes.

23 Q When you said those words, were you decided on doing

24 the concert?

25 A When I said those words, I was trying to reassure the



1 people so I don’t blow a hole in the deal so it falls apart.

2 Q Did you have the intention on following through with

3 your words?

4 A I was expecting... I needed some kind of guarantee.

5 But, at this point... you know... we had the... if I would have

6 said there that the concert was over, I would just sink the whole

7 ship.

8 And, there was still a chance of saving the deal. So,

9 yes, that’s why I said that.

10 Q Do you also remember that, towards... or something

11 during the conference, Rubén Blades explained that, after that

12 concert, he was going to go into public office, and there was a

13 chance this was the last concert that was going to be held

14 between you two (2)? Do you remember that?

15 A Yeah, I remember that. But... you know... that’s also

16 like standard rhetoric for Rubén. You know, he’s always retiring,

17 and it’s kind of like with the stores. You know, going...

18 closing... going out of business sale kind of thing.

19 But... you know... I’ve said similar things sometimes

20 myself. It’s...

21 Q And, I would ask you to go to page fifteen (15).

22 ATTORNEY SAAVEDRA-CASTRO: Have you read the entire

23 document?

24 A No, I have not.

25 ATTORNEY SAAVEDRA-CASTRO: I think you should read the



1 entire document to yourself before we answer any further

2 questions.

3 COURT REPORTER: Should we go off the record?


5 (Off the record.)

6 (Continued revision of document by Deponent.)



9 ATTORNEY SAAVEDRA-CASTRO: Yes, thank you. This is

10 Attorney Juan Saavedra-Castro. We were in a brief recess

11 reading a document, Exhibit 008.

12 I stood up and I went to talk to Sergeant Morgalo. I

13 told him I had a private conversation to have with him, and

14 Counselor Pamela González wanted to intervene in that

15 conversation, and I asked her not to intervene.



18 (Brief pause.)



21 ATTORNEY GONZÁLEZ-ROBINSON: For the record, Counsel

22 stepped outside with Robert Morgalo at approximately three,

23 forty-two (3:42).

24 It is now about three, forty-seven (3:47). Mr. Morgalo

25 walked in the room. Off the record.



1 (Off the record.)

2 (Brief pause.)


4 ATTORNEY GONZÁLEZ-ROBINSON: It is now approximately

5 three forty-eight (3:48). Counsel Saavedra just walked in

6 the room. Off the record.

7 (Off the record.)

8 (Brief pause.)




12 Q Mr. Colón, have you had an opportunity to read the

13 transcript?

14 A Yes, I have.

15 ATTORNEY GONZÁLEZ-ROBINSON: Let the record reflect that

16 I’m tendering the Plaintiff, Mr. Saavedra and Mr. Morgalo a

17 DVD disc labeled Copia: Rubén Blades y Willie Colón,

18 Conferencia de Prensa, 2, mayo, 2003".




22 Q Mr. Colón, after having read the transcript, do you now

23 have a better recollection of what was said at the press

24 conference?

25 A Yes, I do, if this is what was said.



1 Q Okay, well, let me ask you again, if you refer back to

2 page seven (7), and referring you to the last three (3) lines of

3 page seven (7) and the first two (2) lines of page eight (8), do

4 you now remember saying those words?

5 A Yeah, the last three (3) lines?

6 Q Of page seven (7) and the first two (2) on page eight

7 (8).

8 A Yes, I do. I remember saying it.

9 Q And, did you mean those words?

10 ATTORNEY SAAVEDRA-CASTRO: Objection. The words mean by

11 themselves. They mean what they mean.


13 Q Did you mean those words when you said them?

14 A I said the words. I had a reason for saying them. I

15 didn’t want to blow the concert... you know... any chance that

16 the concert would happen... out of the water.

17 But, I was still not... I was still wondering... you

18 know... expecting to get... for there to be some kind of

19 guarantee or some resolution to the economic problem that we had.

20 Q And, referring you to page fifteen (15), the last line

21 where it says “Entonces, teníamos que venir.”, do you remember

22 saying that?

23 A Okay, yeah. But, you see, if you go from line eighteen

24 (18), I still was not... I was still not buying that he was in

25 the hospital story yet.



1 You see, we’d hadn’t been able to verify if he’s really

2 in the hospital or we don’t know the what, the why, what’s going

3 on. So, I haven’t bought the whole thing.

4 But, yes, I did decide that we were going to come to

5 Puerto Rico because we had received the money. And, if the money

6 showed up... you know... it would make it possible to close

7 this... make this deal.

8 Q And, referring you to page twenty-two (22), at lines

9 twenty (20) to twenty-one (21), do you recall saying “La

10 presentación va ser el desquisio de poder de alejarnos de todo

11 esto.”?

12 A Yes.

13 Q And, did you mean that?

14 A Well, what does...

15 ATTORNEY SAAVEDRA-CASTRO: Objection. The words mean

16 what they mean.


18 Q Did you mean...

19 A What does that mean? You know, it’s just... yeah.

20 Q What did you mean by that when you said iba a ser el

21 desquito de poder alejarnos de todo esto?

22 A When we finally end up doing the show, we can get away

23 from all of this.

24 Q And, taking you to page twenty-seven (27), at page

25 (sic) nine (9)...



1 A Which doesn’t mean doing the show and not getting paid

2 will get us away from all of this. Okay?

3 Q Thank you. You had answered my question.

4 A All right.

5 Q On line nine (9)...

6 ATTORNEY SAAVEDRA-CASTRO: He hadn’t finished.


8 Q ... the periodista says “¿Cierto concierto se va a

9 llevar a otros lugares que ya no sea Puerto Rico?”. Can you

10 clarify for us line thirteen (13)?

11 A “Si, yo creo que debemos de tratar de hacer una...”...

12 Q Was it una gira?

13 A Yeah.

14 Q And, taking you to page twenty-nine (29), at lines ten

15 (10) to twelve (12), when you are talking about the musicians.

16 And, you say “Después que ellos invertieron tanto tiempo y se

17 dieron tanto de entregar en esa manera, de que no ceder el

18 concierto hubiera sido un desastre y algo bien triste.”. Did you

19 say those words?

20 A Yes, I did say that, but I’m still trying to keep

21 the... I’m still not... I’m still trying to keep the project

22 alive here.

23 You know, there was speculation that it was not going

24 to happen. And, since we were still in negotiations, there was

25 still a possibility that this would be able to happen, I had to



1 try to put a good face on it.

2 Q But, did you believe that not doing the concert

3 “hubiera sido un desastre y algo muy triste”?

4 A Well, you know what? I think not doing a concert... I

5 think, to me, it would have been worse to do the concert and not

6 get paid for it.

7 Q With the promoters being there physically and having

8 produced evidence of payment in full of the three hundred and

9 fifty thousand dollars ($350,000.00)...

10 ATTORNEY SAAVEDRA-CASTRO: Objection to the terms of the

11 question. There’s no evidence that there was... there’s no

12 evidence in the record that the evidence reflected the full

13 payment of three hundred and fifty thousand dollars

14 ($350,000.00).


16 Q Did you have with you, at the time, the set of

17 documents, the receipts from Banco Popular? Did you have those

18 with you? Do you remember?

19 A Yes, I did.

20 Q And, is it your testimony that, with the promoters

21 being there and having seen the evidence of payment, you still

22 would have canceled this concert?

23 A Yeah, because that proves that somebody received the

24 money. Okay? And, yeah, that’s exactly... that was my last stand.

25 I mean... you know... that’s where I was with Rubén.

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1 Q But, you didn’t say that at the press conference?

2 A No, because that was between me and Rubén. That’s

3 between me and Rubén. We were going to go there. If I would have

4 torpedoed the whole thing right there... you know... it would

5 have been the end of the game.

6 Q And, as to Rubén’s statements that he made at the

7 conference, do you believe that his saying that he did not know

8 about the situation until a few days before the concert is

9 untrue?

10 A I’m not sure if it’s true. I’m just not sure it’s true

11 because, when he started telling me that he doesn’t know what

12 happened to the money and stuff like that, I said “Okay, let’s

13 have the guy arrested. Let’s press charges on him.”.

14 I work with the city there, and we could have... you

15 know... claimed a robbery or whatever. We should have filed

16 charges against him.

17 Q When did you say this to him?

18 A I said that to him... I said it in Puerto Rico.

19 Q After the press conference?

20 A Yeah... no, not after the press conference. I said it

21 before the press conference.

22 Q And, what did he say to you?

23 A He said “No, no, no, Arturo’s a good kid. I don’t want

24 to do that to him. What good would it do?”... you know... “I’ve

25 got to find out what happened.”, but he didn’t want to go that

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1 route.

2 I said “Look, if the money’s really missing, let’s

3 report it stolen.”.

4 Q Why didn’t you report it stolen?

5 A Because he asked me not to.

6 Q Why didn’t you press charges against the corporation

7 Martínez, Morgalo & Associates?

8 A Because Rubén asked me not to. Rubén told me not to get

9 the police involved.

10 Q What about a civil suit, why didn’t you sue Martínez,

11 Morgalo & Associates and its partners?

12 A Because Rubén asked me not to call the police. And,

13 that, to me, I understand that to mean that he’s going to take

14 responsibility for it because the whole thing generated from him,

15 from his office.

16 I first heard about it when this whole mess was bing to

17 develop. And, when he asked me not to call the police, that tells

18 me that... you know... “Take it easy. I’m going to take care of

19 this.”.

20 Q Did he say those words actually though, “I’m going to

21 take care of it.”?

22 A No, he said “No, let’s not go to the police. He’s a

23 nice kid. He’s a good kid. I don’t want to do this to him. It’s

24 not going to do any good.”.

25 Q And, what about Robert Morgalo?

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1 A I never even... he wasn’t... to me, he was not part of

2 this world here. He wasn’t in this universe that I was in... you

3 know... in this world of... his name was on some of the papers...

4 you know... Martínez, Morgalo, but I never met with him, didn’t

5 speak with him.

6 Q But, you knew he was a partner at this corporation?

7 A Yeah, yeah, but he was not... apparently, he wasn’t

8 part of this deal.

9 Q Did Rubén Blades ask you not to press charges against

10 Robert Morgalo?

11 A No, but I wouldn’t have said “Hey...”... when I learned

12 that Arturo ran with the money, why am I going to press charges

13 on Morgalo?

14 Q What about the corporation, did he ask you not to file

15 charges against the company?

16 A Not explicitly. Okay? But, when he said... you know...

17 like “Take it easy. Don’t get the police involved.”, I understood

18 that he was going to take care of it.

19 On page fourteen (14) also, he says “Aparte de eso, lo

20 que tiene es una oficina. La oficina está en un sitio.”... you

21 know... “Hay demasiado intereses, etcetera, demasiado cosas que

22 hay que tener. Por eso, uno delega la función esa en una

23 oficina.”.

24 Q Do you believe that Rubén Blades delegated the booking

25 and other aspects of this concert to Martínez, Morgalo &

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1 Associates?

2 A Well, he put the money in their hands. They wouldn’t

3 have given...

4 Q What do you mean “he put the money in their hands”?

5 A He gave the okay. He was the one that... he told me

6 that “Those are persons I have to deal with.”.

7 And, I’m sure he did the same thing with Ariel, I

8 suppose, because those were the guys that were moving... he was

9 the guy that was moving the business.

10 It was with his consent. I guess you call that a

11 delegation.

12 Q What was your state of mind at the time you were

13 sitting in this press conference? Could you remember?

14 A In the press conference? I was just hoping that Arturo

15 would show up with the money. I was... you know... hoping that

16 the cavalry would come in, and we’d be able to do this thing.

17 But, at the same... as time went on, I started feeling

18 that Rubén was responsible for a lot of this thing and the way he

19 handled it.

20 And, as it was getting closer to playing time, I told

21 him “Look, I’m not going to play, I’m not going to play.”. And,

22 that’s when Rubén told me that “I know I’m responsible.”.

23 Q Do you think that this entire situation with respect to

24 having to go to the media and explain and almost have this

25 concert canceled was done intentionally by Rubén Blades?

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1 A I don’t understand the question.

2 Q Do you think that this entire situation with the

3 statements made at the conference by Rubén Blades and the

4 possibility of not having the show go was done intentionally by

5 Mr. Blades?

6 ATTORNEY SAAVEDRA-CASTRO: I do not understand the

7 question. I think the question is very, very ambiguous, as

8 you presented it, and you’re going to get an ambiguous

9 answer.

10 When you say “situation”, what are you referring to?

11 ATTORNEY GONZÁLEZ-ROBINSON: The statements that Mr.

12 Blades made at the press conference.

13 ATTORNEY SAAVEDRA-CASTRO: Whether the statements made

14 by Mr. Blades were made intentionally?

15 ATTORNEY GONZÁLEZ-ROBINSON: No.

16 ATTORNEY SAAVEDRA-CASTRO: Okay, I’m trying to help you.

17 ATTORNEY GONZÁLEZ-ROBINSON: I don’t need your help.

18 ATTORNEY SAAVEDRA-CASTRO: Fine.

19 ATTORNEY GONZÁLEZ-ROBINSON: I’m asking a question.


21 Q Does the Witness understand the question?

22 A Uh uh.

23 ATTORNEY SAAVEDRA-CASTRO: If I don’t understand it, I

24 really can’t care...




1 Q Do you think that this situation that you both were put

2 through was intentional on the part of Mr. Blades?

3 A Do I think it was intentional? I still don’t

4 understand... you know... it’s a press conference that you

5 usually have before a gig.

6 Now, was it intentional? I really don’t understand

7 that. Are you saying do I think he was lying intentionally?

8 Q Yes.

9 A I’d have to say that I think he was trying to cover his

10 butt.

11 Q In what sense?

12 A That he was negligent, and he... you know... he just

13 didn’t conduct the business professionally, the way it should

14 have been done.

15 Q How should it have been done?

16 A Well, first of all, he should have... the people...

17 people should not... if you cannot a hundred percent... if the

18 people you hire are handling somebody else’s money, you’ve got to

19 make sure that you’re covered somehow, either you’re bonded...

20 you know... so that you don’t lose the money or you really ‘vet’

21 (sic) the people out and make sure that something like this is

22 not going to happen.

23 Because it’s a lack of... it’s poor judgement... you

24 know... allowing Arturo or anyone to have access to it. It shows

25 that it was not a wise decision.



1 Q Is it your position that Martínez, Morgalo & Associates

2 did not have authority to represent you also?

3 A First of all, Martínez, Morgalo represent Rubén. They

4 didn’t represent me. They... the deal was just brought to me, and

5 they were closing the deal.

6 Q But, the contract...

7 A But, you see, when they said... when they bring me a

8 proposition that says “You thirty (30%) and me seventy (70%).”,

9 they’re not representing me. They’re representing Rubén.

10 Q But, when you said fifty/fifty (50%/50%) and they

11 signed a contract that says “Signed on behalf of Rubén Blades and

12 Willie Colón.”, do you contend that they didn’t have authority to

13 sign that on your behalf?

14 A I signed it because Rubén signed it, because Rubén

15 brought the deal to me. I didn’t know them. I mean I really

16 can’t... I couldn’t vouch for them.

17 Q Would you say it was poor judgement on your part to

18 trust this common agent to represent both of you?

19 ATTORNEY SAAVEDRA-CASTRO: Objection to the premise of

20 the question to the extent that you said it’s a “common

21 agent”.


23 Q Was it poor judgement on your part to agree to this

24 deal?

25 A I think it was poor judgement on my part not to... to



1 have left New York City and to have just assumed that Rubén was

2 going to handle the business, he had the chops to handle the

3 business. Because it’s very obvious that he didn’t have them.

4 Q Okay, can I have... well, you can keep that. What did

5 you do after the press conference?

6 A We went back to the hotel, I’m pretty sure... I’m sure.

7 Q Did you have occasion to talk to Rubén Blades after the

8 conference?

9 A After the conference, I started to put the pressure on

10 Rubén.

11 Q How so?

12 A Well, I told him that I wasn’t going to play. I wasn’t

13 going to play until... unless the money... I wanted to know where

14 the money was going to come from.

15 Q And, where was this conversation?

16 A At the hotel.

17 Q Where, at the hotel?

18 A It was... I guess it was in his room.

19 Q Was it immediately after you returned to the hotel?

20 A I may have went up to my room for a little while. You

21 know, I had my... I had some people in my suite and stuff, and I

22 probably needed to maybe change or something. But, no, I don’t

23 think it was immediately thereafter.

24 Q What people did you have in your room?

25 A I had my... you know... my wife, and I think Pablo was



1 there also.

2 Q Did you discuss with them anything about the press

3 conference?

4 A Well, everybody was... that’s all anybody was talking

5 about... you know... this big dilemma. I mean it’s already went

6 to the press, so everybody was talking about it, yes.

7 Q Did you communicate to them your intention not to

8 perform?

9 A Well, yeah, but I don’t think anybody would have been

10 surprised because it’s standard procedure.

11 Q You told your wife you wouldn’t perform?

12 A Yeah.

13 Q And, you told Pablo Rodríguez-Colorado you wouldn’t

14 perform?

15 A Yes.

16 Q Does...

17 A But, wait a minute. I don’t have to tell them anything.

18 You know, I don’t... I may have mentioned it, but I didn’t go

19 report to tell everybody this is what I’m going to do.

20 ATTORNEY SAAVEDRA-CASTRO: But, Mr. Colón, she’s asking

21 a very precise question. She really wants to know whether

22 you spoke...

23 ATTORNEY GONZÁLEZ-ROBINSON: I’m sorry, Counsel. Is that

24 an objection somewhere in there?

25 ATTORNEY SAAVEDRA-CASTRO: No, I’m trying to clarify the



1 record, and I will do it.

2 ATTORNEY GONZÁLEZ-ROBINSON: That’s not proper, that’s

3 not proper.

4 ATTORNEY SAAVEDRA-CASTRO: Well, fine. Answer the

5 question posed to you by the Counsel, please.


7 Q Who else did you communicate your intention not to

8 perform?

9 ATTORNEY SAAVEDRA-CASTRO: You mean communicate orally

10 or in writing, ma’am?

11 ATTORNEY GONZÁLEZ-ROBINSON: Any way.

12 ATTORNEY SAAVEDRA-CASTRO: Any way. By sign language

13 also? By sign language also?


15 Q You may answer the question.

16 ATTORNEY SAAVEDRA-CASTRO: Ma’am, by sign language also?

17 Do you include that too?


19 Q Mr. Colón, who else did you communicate your

20 intention...

21 ATTORNEY SAAVEDRA-CASTRO: Objection to the form of the

22 question.


24 Q ... not to perform at the concert?

25 A I don’t know. There was a lot of people there.



1 Basically, I had made up my mind. That’s what it was. I don’t

2 have to consult with anybody.

3 There was a lot of people talking there. I probably...

4 the Musical Director, probably, yeah. Ennio Gatti, I probably

5 told him... you know... “We’re going to pull out.”.

6 Q What about the musicians, did you tell any of the

7 musicians?

8 A No, I didn’t go to the musicians one by one. Maybe if

9 one of them passed through or whatever, but I probably... I told

10 Ennio Gatti.

11 Q Do you know Ennio Gatti’s address and telephone number?

12 A Yes, I do.

13 Q Can you provide it for me on the record?

14 A Okay, yeah. Right now?

15 Q Yes.

16 A I don’t know anybody’s name (sic) and address off the

17 bat. You know, I can get it to you. I can’t give it to you right

18 now.

19 Q How soon can you get it to me?

20 ATTORNEY SAAVEDRA-CASTRO: We will take your request

21 under advisement, Counselor.


23 Q How soon can you get that information for me?

24 ATTORNEY SAAVEDRA-CASTRO: Ma’am, that’s a question

25 addressed to me.



1 ATTORNEY GONZÁLEZ-ROBINSON: I’m asking the Deponent how

2 quickly he can...

3 ATTORNEY SAAVEDRA-CASTRO: Well, you ask the attorney.

4 If you’re talking about production, you bring it up with the

5 attorney. I’ve taken it under advisement. Next question.

6 ATTORNEY GONZÁLEZ-ROBINSON: How long will you have

7 to... you have five (5) days to provide that information to

8 me, Counsel.

9 ATTORNEY SAAVEDRA-CASTRO: I beg your pardon?

10 ATTORNEY GONZÁLEZ-ROBINSON: Five (5) days, is that

11 agreeable?


13 ATTORNEY GONZÁLEZ-ROBINSON: Do we need ten (10) days?

14 ATTORNEY SAAVEDRA-CASTRO: No, frankly, I’m going to

15 take it under advisement. It’s been a long day.

16 As soon as the deposition is over, I’ll try to find out

17 what information, if any, my client has regarding the

18 address and telephone number.

19 ATTORNEY GONZÁLEZ-ROBINSON: Well, let the record

20 reflect that I’ve asked Counsel to produce Ennio Gatti’s

21 address and telephone number to me.

22 ATTORNEY SAAVEDRA-CASTRO: I think the record is very

23 clear on that.


25 Q Who else did you communicate your intention not to



1 perform?

2 A No one else. I don’t know.

3 Q When did you go to see Rubén Blades?

4 A I saw him after the press conference.

5 Q Where?

6 A In his room.

7 Q Did you go alone?

8 A Pablo was with me.

9 Q And, what did you do when you got to his room?

10 A I walked in. We sat and we talked about what was going

11 on.

12 Q Did he know your compadre?

13 A Yeah.

14 Q Who else was in the room?

15 A I’m trying to... there were two (2) times that I met

16 him in his room. And, one of the times there was like four (4)

17 people there sitting on the couch.

18 Q Was his room... where was his room in reference to

19 yours?

20 A It was on another floor.

21 Q Was it upstairs or downstairs?

22 A I think it was downstairs.

23 Q So, what do you remember about the first time that you

24 went to his room?

25 A I know one time I went there, and Pedro Arroyo was



1 there and González, the guy that plays the guitar. What’s his

2 name? I can’t remember his first name. And, José Gasmae

3 (phonetic) was there and one (1) of González’ sons.

4 And, we kind of asked them to leave. You know, after we

5 said “Hello” to everybody, we asked them to leave because... you

6 know... we had to have... we had to talk.

7 Q When you say “we asked them to leave”, did you ask them

8 to leave?

9 A Me and... Rubén and I asked them to leave.

10 Q Did they leave?

11 A Yeah, they left.

12 Q What happened next?

13 A In the meeting after the press conference, Rubén said

14 “No te preocupes por la plata. Yo se que soy responsable.”.

15 Q Did he say this without a question being posed?

16 A Yeah, he already saw the look on my face. He knows me.

17 He patted me on the back and said “No te preocupes por la plata.

18 Yo se que soy responsable.”.

19 Q And, what did you say after that?

20 A Well, then I said... you know... “Then, we’re going to

21 play.”.

22 Q So, your testimony is that you didn’t tell him verbally

23 that you would not perform unless you were paid?

24 A Well, I don’t think I told him when I walked into the

25 room. I may have told him just after like leaving the press

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1 conference.

2 Q Did anyone else hear you say that to Rubén Blades?

3 A I don’t know who was around. Maybe, but Rubén knows

4 that. Rubén knew that I was already beginning to... you know...

5 to hunker down, and that I couldn’t let the... I wasn’t going to

6 let the concert pass and just play.

7 Q Right after the press conference?

8 A Yeah.

9 Q And, when he said those words to you, which you say is

10 “No te preocupes, que yo soy responsable.”...

11 A He said “No te preocupes por la plata.”.

12 Q Was he standing or sitting when he said that?

13 A We were still walking towards a table we were going to

14 sit at.

15 Q And, you’re saying it was you, Mr. Rodríguez-Colorado

16 and Rubén Blades?

17 A Yeah.

18 Q And, without you saying anything, he uttered those

19 words to you in front of Mr. Colorado?

20 A While, look, I wasn’t going to go and... you know...

21 bogart him and start doing... it wasn’t necessary to be

22 confrontational or... you know... or to throw a fit because

23 that’s not the way I do things.

24 But, he knew already just by the way... you know... he

25 knew I was pissed off. And, by looking at how pissed off I was, I



1 didn’t have to say anything. You know, he wanted to calm me down.

2 Q What, if anything, did you compadre say?

3 A Well, it wasn’t really his place to say anything.

4 Q Why was he there?

5 A Because I wanted a witness.

6 Q A witness to what?

7 A To what Rubén says.

8 Q Did you know that he was going to say anything to you?

9 A Well, we were there to... you know... resolve this...

10 you know... to find some kind of resolution to it. And, I didn’t

11 want it to happen... you know... in the forest where there was

12 nobody to hear it.

13 Q How was Rubén Blades dressed at the time?

14 A I think he had a T-shirt on.

15 Q How were you dressed?

16 A How was I dressed? I think I had a polo shirt on.

17 Q What about pants, did you have jeans, long pants?

18 A I had long pants on.

19 Q What about Mr. Blades?

20 A I don’t know. I don’t remember. I think he had a pair

21 of sneakers on. Yeah, I think they were... I’m not sure. I’m

22 really not sure.

23 Q What about the hotel room, was it a suite or a single

24 room?

25 A I think it was a mini-suite.



1 Q One (1) bed or two (2) beds?

2 A One (1) bed.

3 Q Was it... did it have a balcony?

4 A We didn’t go on the balcony, but it had a couch in it.

5 Q Was it facing the ocean, was it facing water, or was it

6 facing a building?

7 A It’s hard for me to say. I had to get in an elevator,

8 go down and out. You know, I think it was facing the beach.

9 Q Where was the bed in relation to where you were

10 standing, on the left side or the right side?

11 A The couch was there, the table was there, and the bed

12 was over here.

13 ATTORNEY GONZÁLEZ-ROBINSON: Let the record reflect that

14 he stated... the Witness stated the couch was...

15 A Okay, when you walk into the room, the couch is to my

16 left side immediately. The table was near a window on the left

17 side, further up, and the bed was on the right side.


19 Q And, you stated you were walking towards the table when

20 he said those words to you?

21 A Yeah, right.

22 Q You were all walking?

23 A Yeah.

24 Q What happened when you got to the table?

25 A We sat down.



1 Q All three (3) of you?

2 A Uh huh.

3 Q And, what happened next?

4 A Nothing. We made small talk or whatever, and that was

5 it. That was the moment that we decided to go forward.

6 Q Did you discuss exactly what amounts would be paid?

7 A He said “I will take care of the money. Don’t worry

8 about it.”, and that’s all I needed. You know, you’re going to be

9 responsible. Later on, we’ll break down... you know... we’ll do

10 an itemization of what it is.

11 I just didn’t want to get caught with... you know...

12 the big... I didn’t want to take the big hit. You know, I knew

13 there was going to be expenses and everything to be able to do

14 this. But...

15 Q What about Rubén Blades’ share of the fee that was not

16 paid to him?

17 A What about Rubén Blades’ share of the fee?

18 Q Yes, yes.

19 A Look, at the end of the day, Rubén wound up with a

20 hundred and seventeen thousand dollars ($117,000.00) in his

21 pocket, and I got sixty-two ($62,000.00).

22 Q How do you get that figure?

23 A Just adding up the numbers.

24 Q What numbers?

25 A Okay, he got sixty-two ($62,000.00) in advance. And,

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1 then, when he came back up to New York after the concert, he got

2 another forty-nine ($49,000.00) or about another fifty

3 ($50,000.00). How much is that so far?

4 ATTORNEY SAAVEDRA-CASTRO: A hundred and ten

5 ($110,000.00).

6 A A hundred and ten ($110,000.00), okay. So, I got

7 another seven ($7,000.00) that I’ve got to cover. You know, the

8 difference between... I had seen some papers and stuff.

9 And, he received a hundred and seventeen thousand

10 dollars ($117,000.00) to my sixty-two ($62,000.00). Is that “¿Nos

11 robaron, nos robaron a los dos (2), ó robaron los chavos tuyos

12 nada más?”.


14 Q How much did you pay in expenses?

15 A I’d have to look. It was a couple of thousand

16 ($2,000.00). It wasn’t a lot.

17 Q What did you do after you... or what happened after you

18 sat down and had small talk? What did you talk about?

19 A Nothing. Maybe we talked about the show, whatever. You

20 know, once he accepted, the tension was a little bit off, and we

21 tried to just... because we talked about the show, whatever.

22 I’m not sure if Pablo had some book or something that

23 he wanted him to read or they were talking about some book.

24 Q You stated you wanted a witness. Did you also want to

25 write down that agreement on paper?



1 A I really just needed his word. That’s all. You know,

2 because if I give my word, I keep it.

3 Q So, what happened next?

4 A We sat there for a little... a couple of minutes, and I

5 left. I went downstairs. I told Ennio, “Ennio, the gig is on.”,

6 blah, blah, and we prepared to do the show.

7 Q Was Ennio staying also in the same hotel?

8 A Yes.

9 Q So, you gave him a counter-order after stating to him

10 you would not do the concert?

11 A Yeah, I told him to stand down, and then I came back

12 and said it’s on.

13 Q Did you then go to a rehearsal that night?

14 A I think we had the rehearsal the day before the... I

15 can’t remember if it was the day before or that night, after the

16 thing.

17 No, I don’t think so because, after that, Rubén

18 would’ve showed up to the rehearsal. So, it was the day before.

19 No, we didn’t have a rehearsal that night.

20 Q This was Friday night. The press conference was Friday.

21 A Okay.

22 Q Friday was the night before the concert.

23 A So, what I’m saying is that, since Rubén didn’t make

24 any of the rehearsals, after we had agreed that he was going to

25 take responsibility, I think he would have showed up to the



1 rehearsal because that stress was out of the way. So, I would say

2 that we didn’t rehearse that night.

3 Q What did you do then that night, Friday night?

4 A What did I do that night? I probably hit my room.

5 Q What about Mr. Rodríguez-Colorado, did he stay with

6 you?

7 A Probably... you know... till bedtime, and then he went

8 back to Toa Baja.

9 Q Did Mr. Blades express any reservation to his being in

10 the room when you talked about the concert?

11 A Not at all.

12 Q So, what happened on Saturday morning, the day of the

13 show? What was your mood at that time?

14 A It was a big show. I was probably nervous about how it

15 was going to turn out. And, also, since Rubén hadn’t rehearsed, I

16 was a little worried about how it was going to go down.

17 We were probably just... I was talking probably to the

18 members of the band... you know... and kind of give them a pep

19 talk, and making sure all the music and everything was right.

20 Q Did you go to the sound check at the Hiram Bithorn

21 Stadium?

22 A I don’t think so.

23 Q So, when was the rehearsal for the show, in Puerto

24 Rico?

25 A It was at some studio. It was kind of like some



1 institute or something, something like on the second floor. It

2 was a one... a big room.

3 It had a... you know... just one (1), big room. It was

4 kind of a big rectangular room, maybe twenty by thirty (20'x 30')

5 or thirty-five (20'x35').

6 Q Who took you there?

7 A I don’t remember how I got there, maybe Pablo or...

8 Q Did you call Rubén Blades to see if he was going to go

9 there, to the rehearsal?

10 A Yes, yeah, he said he was going to go.

11 Q You called him from the hotel or from the...

12 A Yeah, the hotel, before we... you know... he said he

13 was going to go, but he never showed up.

14 And, then, when we got back and spoke to him, he said

15 that... you know... he knew everything was going to be all right,

16 that he had asked Papa Dios to look out for us.

17 Q Where did he say these things?

18 A In his room.

19 Q So, after the rehearsal that night, you went back to

20 his room?

21 A Yeah, we saw him in his room.

22 Q When you say “we”, who is “we”?

23 A Pablo also. Pablo was with me on both nights that we...

24 that I went up to his room.

25 Q So, can you describe the second visit to Rubén’s room?




2 Q What was the reason for going up there or down there?

3 A Just to find out what happened. After the rehearsal, to

4 find out what happened.

5 Q Was it immediately after the rehearsal?

6 A Yeah.

7 Q You went directly to Rubén’s room?

8 A Yeah.

9 Q What happened? Did you knock on the door?

10 A No, we called him. I’m not going to show up at his

11 room... you know... just to make sure he was there.

12 Q And, what did he say?

13 A He said he was up all night talking to some girl on the

14 phone or something, that she showed up, some story. It just

15 didn’t make sense to me.

16 Q Did he say that over the phone?

17 A No, he said it when we were... when we came up... when

18 we... he didn’t explain. When I spoke to him, when I called him

19 at the room to see if he was there, he didn’t explain.

20 When we got up to the room, he started to explain...

21 you know... that he was on the phone with some girl, and that he

22 couldn’t get off or something and... you know... all night.

23 So, he was like... I don’t know... does that mean that

24 he had to... slept late today or who knows? And, then he said

25 that he knew everything was going to turn out okay.



1 Q What time was this conversation, approximately?

2 A It had to be late. It had to be dark already, after the

3 rehearsal.

4 Q And, how was he dressed when he opened the door for

5 you?

6 A I really don’t... I don’t remember.

7 Q Was it dark in the room?

8 A Was it dark in the room? No, it wasn’t dark in the

9 room.

10 Q Was he sleeping when he... when you called him on the

11 phone?

12 A It was... I can’t tell you if he was sleeping really.

13 But... you know... he was in a very... he wasn’t in a high... you

14 know... excited mood. He was very, very low-key and somber.

15 Q How was he dressed?

16 A I said I don’t remember. I think he had some light-

17 colored clothes on, but... you know... Rubén is not like a

18 fashion icon or anything. He usually has a T-shirt on or... you

19 know... some... you know...

20 Q Did he have a shirt on?

21 A Yeah, he was not naked, no.

22 Q Did he have pants on?

23 A Yeah, he had pants on.

24 Q Long pants?

25 A I can’t say for sure.



1 Q Did he have shoes on?

2 A I can’t tell you.

3 Q Did he have any head gear, a hat?

4 A Yeah, yeah, he always wears a hat.

5 Q Was it a... what kind of hat?

6 A It was a baseball cap.

7 Q And, when he explained about his reasons for not going

8 to the rehearsal, where was he in relation to you? Was he

9 standing, was he sitting?

10 A He was standing. He was by the bed. I think, at one

11 moment or another, I think he sat on the bed for a minute.

12 Q What else did he tell you?

13 A Aside from the girl and the Papa Dios thing, that’s the

14 only thing that stayed with me. And... you know...

15 Q Did your compadre say anything?

16 A Did he say anything? I don’t know. You know, it was...

17 I mean they spoke. They spoke to each other.

18 Q How long... how much time elapsed between when you

19 arrived at the room and you left?

20

21 A These weren’t... neither visit was a long visit. I’m

22 talking... you know... we... maybe five (5) minutes.

23 Q Were there other people in the room?

24 A No, not the... not after rehearsal, no.

25 Q When he spoke about the girl on the phone, did he speak



1 to you in English or Spanish?

2 A He was speaking in Spanish.

3 Q When he spoke to you about the Papa Dios thing, was he

4 speaking in Spanish?

5 A Yeah, he said “Papa Dios”.

6 Q When he spoke to Mr. Colorado, did he speak in English

7 or Spanish?

8 A Spanish.

9 Q Does your compadre speak English?

10 A Not at all.

11 Q So, what did you do after your... did you say anything

12 else?

13 A You know, it was such a ingenuous answer that I was

14 kind of disappointed with him. You know, it’s like getting blown

15 off... you know... “I couldn’t make it because I spoke to a

16 ‘chick’, and I knew Papa Dios was looking out for you.”.

17 You know, it just seemed pretty... not very authentic.

18 So, I just left it at that. But, I wasn’t happy with it. Just the

19 whole thing just stunk. The whole situation was making me very

20 uncomfortable, and I was just wondering why.

21 You know, I was just wondering why he didn’t make any

22 of the rehearsals from the bing, why he didn’t show up to the

23 rehearsal, in Puerto Rico... you know... why the story that “I

24 can’t make it because I spoke to somebody on the phone all

25 night.”.



1 Q Did you talk about the money again?

2 A Yeah, I asked him... you know... we asked him... I

3 asked him what happened with Arturo.

4 Q What did he say?

5 A Well, they were saying that... you know... he spoke to

6 Arturo’s wife, and basically that’s it, that he spoke to Arturo’s

7 wife.

8 You know, then the thing about the suicide attempt,

9 which... you know... I didn’t buy either. You know, I wasn’t sure

10 what to believe anymore.

11 Q Did you talk about your payment?

12 A About my payment? About my money?

13 Q Yes, during this second visit to his room.

14 A Well, the reason he’s telling me about... you know...

15 that he spoke to Arturo’s wife was because... you know... he’s

16 trying to explain what happened to the money or where the money’s

17 going to come from.

18 And, I was still hoping that there was going to be some

19 kind of resolution before the gig.

20 Q So, when...

21 A I was still hoping for payment at that point.

22 Q But, he had already stated to you that he was

23 responsible for the plata before?

24 A Right.

25 Q But, you were still worried about payment?

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1 A Well, I haven’t seen it yet.

2 Q So, did you take it to mean that he was going to pursue

3 Martínez, Morgalo & Associates to get payment?

4 A No, I took it to mean that “Don’t worry about it.

5 Whatever happens here, I’m responsible.”. That’s just like I have

6 done.

7 I have been in situations where my... where the

8 promoter did a similar thing, a guy named Richie Bonilla. And, a

9 hundred and twenty-one thousand dollars ($121,000.00)

10 disappeared, and I went and mortgaged my home and I paid

11 everybody that I had to pay.

12 Because, if I was stupid enough for not collecting the

13 money... the guy kept telling me “Don’t worry. I’ve got the

14 money, I’ve got the money.”.

15 And, when it came to payday, he tells me “I don’t have

16 the money.”. And, what I had to do was take a mortgage out on my

17 house and come up with the hundred and twenty-five... hundred and

18 twenty-one thousand dollars ($121,000.00).

19 Q What show was that?

20 A It was in Venezuela, in 1983.

21 Q Were you performing alone... I mean you and your band?

22 A Yeah.

23 Q Did you have a representative at that time?

24 A He was my representative. It’s the same situation.

25 Q But, you didn’t believe that they represented... that



1 Martínez, Morgalo & Associates represented you?

2 A They didn’t represent me, they didn’t represent me.

3 Q For the Siembra show?

4 A They brought the gig, but they didn’t represent me.

5 They’re just an agent. And, if they were anybody’s agent they

6 were Rubén’s representatives. They were just agents.

7 They don’t represent me in the sense that... you

8 know... that they were someone that I... I didn’t even really

9 know them to entrust them with something like that.

10 But, since Rubén had chosen them and... you know...

11 he’s... you know... so I went along with it.

12 First of all, I cannot choose... I cannot decide who

13 Rubén does business with or who he delegates work to or who he

14 hires. That’s his thing. He’s bringing the deal.

15 I can’t say “Okay, change it.”. You know, that’s the

16 way it’s coming. Bring the papers. Let’s sign the papers, and

17 let’s cut the deal.

18 Q Is it your position that you were performing then for

19 Rubén Blades, for the Siembra show?

20 A It was my position that Rubén Blades brought the gig,

21 and that he chose to want to execute the deal.

22 Q And, you didn’t have any say-so in having your own

23 representative?

24 A Well, Rubén knows very well that historically I did

25 all... I’ve done that stuff. And, I have never lost the money.



1 Rubén would never be so casual about... you know... if I would

2 have come to him and tell him “Hey, I lost your money.”.

3 Q Why was it different this time?

4 A Because he brought the gig, and he decided he was not

5 going to say “Willie, would you close this.”. He decided he was

6 going to close it through his new booking agency.

7 Q So, aside from talking about Arturo Martínez and how

8 the money was going to show up or not show up, what else did you

9 talk about?

10 A Can I have some more water, please?

11 ATTORNEY SAAVEDRA-CASTRO: Sure. And, if you want to

12 take a break, you can take a break whenever you want.

13 (PAUSE)

14 A I don’t think we had that much to talk about. You know,

15 we just said what we had to say, like five (5) minutes, whatever.


17 Q Okay, and what happened after that?

18 A I went with Pablo. I guess we went to... maybe ordered

19 some room service, and went to bed.

20 Q This is the day of the concert, correct?

21 A The day of the concert?

22 Q Yes, this conversation took place, as you testified,

23 the day of the concert, Saturday?

24 ATTORNEY SAAVEDRA-CASTRO: The rehearsal?

25 ATTORNEY GONZÁLEZ-ROBINSON: No, the conversation he

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1 just said.

2 A The conversation about the rehearsal happened after the

3 rehearsal.


5 Q Oh, Friday night?

6 A Uh huh.

7 Q So, both conversations were the same day, one (1) in

8 the morning and one (1) in the evening?

9 A Yeah, probably, yeah.

10 Q What happened the next day? Was there a rehearsal?

11 A No, there was a sound check on the day of the gig.

12 Q Did you have any conversations with Rubén Blades before

13 the concert?

14 A I don’t think so, but maybe I... you know... showed him

15 the set plan and got it approved.

16 Q Did you get to the show together?

17 A I don’t think so. I don’t remember.

18 Q And, you performed at the concert?

19 A Yeah.

20 Q Was there any conversation prior to getting on stage

21 about the money?

22 A No.

23 Q Who went with you to the concert?

24 A Well, I was with the band. I was with my band.

25 Q You traveled with the band?



1 A Yeah.

2 Q Was your wife with you?

3 A Yes.

4 Q Was Mr. Colorado with you?

5 A Yes, and Pablo’s wife also.

6 Q Did you have any bodyguards with you?

7 A No.

8 ATTORNEY SAAVEDRA-CASTRO: Can we take a ten (10) minute

9 break?

10 ATTORNEY GONZÁLEZ-ROBINSON: Yeah, we can take a break.

11 Let’s go off the record.


13 (Brief recess.)




17 Q Mr. Colón, so, prior to doing the concert on that

18 Saturday, is it your testimony you didn’t talk again with Rubén

19 Blades about money?

20 A I don’t remember.

21 Q Do you remember whether you discussed the specifics of

22 what amounts would be paid when?

23 A We never spoke specifics. We knew that, after the

24 concert was done, we would go over the itemization and split the

25 cost of the... of whatever the concert cost us.



1 Q And, did you inform Mr. Rodríguez-Colorado what amounts

2 you had been paid?

3 A There’s no reason for me to inform anybody.

4 Q Did he know how much money you were owed at the time

5 you performed the concert?

6 ATTORNEY SAAVEDRA-CASTRO: “He” being Rodríguez?

7 ATTORNEY GONZÁLEZ-ROBINSON: Rodríguez-Colorado.

8 ATTORNEY SAAVEDRA-CASTRO: His compadre?


10 A No.


12 Q So, when he was present at both of these conversations

13 that you testified, is it your testimony he didn’t know what

14 money you were talking about?

15 A No, no, he knew that there was money to be... that

16 there was money pending, but he didn’t know how much was pending.

17 And, he didn’t know... just like we didn’t know how much the

18 concert was going to cost us.

19 Q And, when you stated in your Answers to Interrogatories

20 that “When the situation became strained, I asked him to come

21 along to help me...”... ‘him’ being Rodríguez-Colorado... “... to

22 help me sort things out and make sure I understood everything

23 that was going on clearly.”, what did you mean by that?

24 A Well, especially... you know... when the press and

25 stuff starts making... putting pressure on, I need... sometimes I



1 need to get a more clear translation of what I’m being asked.

2 Q And, how did he help you in that regard?

3 A I don’t remember specifically. But... you know... if

4 there’s something that... there may be some slang or maybe the

5 guy doesn’t speak clearly or something like that, Pablo can be a

6 help in that regard.

7 Q Is that also why you brought him with you, in addition

8 to needing a witness, to the conversations at the hotel room with

9 Rubén Blades?

10 A Maybe, yeah, yes.

11 Q But, he didn’t know exactly about the money that was

12 being...

13 A No.

14 Q ... talked about?

15 A No, no, he wasn’t involved with the contracts per se.

16 Q Okay, after the concert, where did you go?

17 A I went back to the hotel.

18 Q Did you talk to Rubén Blades after the concert?

19 A Actually, Rubén... no.

20 Q No?

21 A No.

22 Q You never spoke to each other?

23 A No, Rubén took off. He disappeared.

24 Q Where did he disappeared to?

25 A I don’t know. He had to go somewhere urgently. And, I



1 had a gig in Orlando.

2 Q When was that gig?

3 A The next day.

4 Q Sunday?

5 A Yeah.

6 Q Did you fly out then Saturday evening, Saturday night?

7 A We flew out Sunday morning.

8 Q Sunday morning. Let me ask you did you, at any time,

9 hear any discussion on a loan from Gilberto Santa Rosa?

10 A Yes.

11 Q When was that?

12 A That was in Rubén’s room also. We were short. It seemed

13 that we were short a couple of ‘bucks’ to pay some of the talent,

14 immediate stuff. And, I asked him not to borrow the money from

15 anybody else. You know, at this point, not to try to save face.

16 Q Well, do you remember the date when this conversation

17 took place or the time?

18 A No.

19 Q Was it before your first conversation after the press

20 conference, before that conversation with Rubén Blades?

21 A It was after, after the conversation about the money.

22 Q And, what... who were the participants? Who were in the

23 room? Who was in the room?

24 A Pablo was there. I think that’s it, Pablo.

25 Q And, what do you remember about the conversation?



1 A We were short about ten thousand dollars ($10,000.00).

2 And, he said he was going to borrow it from Gilberto, and I said

3 “Please, don’t involve anything else in this mess. I’ll get the

4 money.”.

5 I was going to go and bring some more money, lose more

6 money, but I... I wanted to kind of stop the spread of the... you

7 know... of all of the rumors and the discussions about it.

8 But, he went and borrowed the money from Gilberto. And,

9 that was another thing that kind of bothered me because he made

10 it seem like Gilberto had lent us this tremendous amount of

11 money.

12 And, it was like... considering the whole deal, it was

13 like an insignificant amount of money. But, it seemed to me like

14 he was making a smokescreen out of a big deal about borrowing

15 money, having to borrow money from Gilberto.

16 And, that bothered me on two (2) levels because it

17 gives Gilberto this thing about he’s coming in to save the day,

18 big moneybags.

19 And, number two (2), that... you know... that we’re

20 still having all of these financial troubles.

21 Q Do you remember anything else that was said about that

22 subject?

23 A I believe I subsequently sent him an e-mail or a note

24 that... you know... complaining about him continuing to refer to

25 Gilberto saving the day because it just wasn’t true.



1 Q But, at the time of the actual discussion in Rubén’s

2 room, do you remember anything else being said about the loan to

3 pay the band?

4 A I told him not to borrow any... not to borrow the money

5 from anybody, not to involve anybody else in it. Yeah, that’s the

6 way I left it. And, I thought he wasn’t going to do it, but he

7 went and did it anyway.

8 Q Did you know that the local Treasury Department,

9 Departamento de Hacienda, wanted a report on the actual concert

10 funds?

11 A Yeah.

12 Q And, what is your recollection on that subject?

13 A My recollection on that subject is that I felt that

14 Rubén made it look like he made a lot less than he really did.

15 Q Did you try to clarify that with the people at Hacienda

16 here, in Puerto Rico?

17 A What am I going to do, report him? No, but I really

18 think that he was... it looked like he was trying to hide some of

19 the income he made.

20 Q I’m going to show you...

21 ATTORNEY GONZÁLEZ-ROBINSON: Please mark this, Mr. Court

22 Reporter, as Exhibit 009. Counsel.


24 ATTORNEY GONZÁLEZ-ROBINSON: Mr. Morgalo.


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3 (PAUSE)



6 Q I’m showing you Exhibit 009 and ask you to please take

7 a look at that document and see if you recognize that.

8 (PAUSE)


10 A Uh huh.


12 Q What is Exhibit 009?

13 A This is a note that I sent him.

14 Q Sent who?

15 A Sent to Rubén Blades. It’s a fax.

16 Q What is the date on that note?

17 A May 8 . th

18 Q This is the fax where you stated that you would

19 estimate expenses to be up to sixty-five thousand dollars

20 ($65,000.00)?

21 A I said I was willing to accept up to sixty-five

22 ($65,000.00).

23 Q You also state that you received the sixty-two

24 thousand, five hundred ($62,500.00), correct?

25 A Right.



1 Q What was your intention in sending this letter?

2 A To let him know that I’m not... it’s not over. That I’m

3 just not going to walk away from it. This was kind of like... I

4 tried to put it nicely.

5 It was kind of like an invoice just to keep the thing

6 alive because it wasn’t over. I still expected to get paid.

7 Q And, you stated “It was a real pleasure to get on that

8 stage last Saturday. I look forward to doing it again.”?

9 A Yeah.

10 Q What did you mean by “Let’s talk about that Shea

11 Stadium date.”?

12 A Because he had said “Look, I’ll do a date for you, so

13 you can get your money.”.

14 Q When did he say that?

15 A We had spoken about it after... sometime after the gig,

16 at some point.

17 Q After the Siembra show?

18 A After the Siembra show, where he agreed that he would

19 do a gig for me to get my money.

20 Q How did...

21 A And, if he didn’t think he owed me any money, he

22 wouldn’t have said “Let me do the gig for you.”.

23 Q How was that conversation? Was it over the phone?

24 A I guess it was over the phone. Yes, it was over the

25 phone.



1 Q And, was that his proposal for making you whole, for

2 the money that was missing from the Siembra show?

3 A Yes.

4 Q And, did you agree to do that?

5 A Yes.

6 Q Did you accept that as payment for the Siembra show?

7 A I tried to get the Shea Stadium date to happen. The

8 Mets wouldn’t rent me the stadium at a cost that it would make

9 any sense, and it would just be a bloodbath.

10 So, I told him that it wasn’t... I got back to him and

11 I told him it wasn’t going to work.

12 Q When did you get back to him?

13 A I called him. It was a phone call.

14 Q And, that last sentence, “Das has identified some

15 interested investors. Having a piece of the gate may be another

16 way to go.”, can you explain what that sentence means?

17 A Well, I was looking around to see how... if anybody was

18 interested in buy a piece of the Shea Stadium concert, to try to

19 make it happen.

20 But, the numbers just didn’t make sense. I couldn’t get

21 the stadium for the price that... you know... that we could

22 really make any money on it. I tried renting the stadium also

23 directly from the city, who really owns it. The Mets only lease

24 it. But, they wouldn’t allow us to do that either.

25 Q Okay, this fax, Exhibit 009, states that “According to



1 my figures...”... you write... “... I have eighty thousand

2 dollars ($80,000.00) coming.”. Is that a correct statement?

3 A Yeah, I was being generous, I was being generous. It

4 was probably more, but that’s why I figured I’d try to make it

5 painless. I didn’t ask for backup.

6 But, it was still... he had... since he had accepted

7 responsibility and it was his mistake, these were the people that

8 he gave the... you know... he had take the money for him... you

9 know... I still expected to get paid.

10 Q So, expenses could have been sixty-five thousand

11 ($65,000.00) or more, correct?

12 A I said I’d accept up to sixty-five thousand dollars

13 ($65,000.00) without backup.

14 Q If that left you with a balance of eighty thousand

15 dollars ($80,000.00), why then did you file a Complaint for a

16 hundred and fifteen thousand ($115,000.00)?

17 A Because I wanted a breakdown of everything that was

18 spent. I had a hundred and seventy-five thousand dollars

19 ($175,000.00) coming. And, you take the sixty-two ($62,000.00)

20 from it, and that’s what you get, about a hundred and fifteen

21 ‘grand’ ($115,000.00).

22 Q That assumes that you would not be responsible for half

23 (½) of the expenses?

24 A What expenses? I want to see the expenses. You know,

25 before we start splitting up the money, it’s one, seventy-five



1 ($175,000.00) and one, seventy-five ($175,000.00). That’s where

2 we’ve got to start from.

3 Q Have you not seen yet the backup documentation for the

4 expenses?

5 A No, I haven’t seen any backup.

6 Q Okay, I’m going to show you...

7 ATTORNEY GONZÁLEZ-ROBINSON: Please mark this as Exhibit

8 010.



11 ATTORNEY GONZÁLEZ-ROBINSON: I’m showing Counsel for Mr.

12 Colón a copy of Exhibit 010. This is a document that you

13 produced to us.

14 (PAUSE)



17 Q I’m showing you, Mr. Colón, Exhibit 010.

18 (PAUSE)



21 Q Would you please tell us what Exhibit 010 is?

22 A First of all, I didn’t produce... it came from me, but

23 this is probably not... this is from Arturo Martínez. And, it’s

24 a... this is an itemization. But, this is an estimate before the

25 gig was actually done.

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1 And, it was just kind of... I think it was... more than

2 anything else, it was just a planning tool to see, more or less,

3 the ballpark of what the numbers were going to fall in. But...

4 you know... this isn’t what actually happened.

5 Q Did you send that document to Rubén Blades?

6 A No, I didn’t. This was produced by Arturo.

7 Q How do you remember that?

8 A Because I don’t use that Font.

9 Q Would expenses have been lower than that?

10 A Well, I’ve got to add all this up here. I don’t know

11 what this comes to.

12 Q Well, I can tell you that it adds up to seventy-two

13 thousand dollars ($72,000.00).

14 ATTORNEY SAAVEDRA-CASTRO: It assumes the booking

15 commission from the guy who stole your money. I don’t think

16 you’re entitled to a commission if you steal the money,

17 Counselor.


19 Q Would expenses have been lower than that?

20 A This is seventy-two thousand ($72,000.00)?

21 Q Yes.

22 A Would the expenses have been lower than that? I’m sure

23 they were. It was lower than this.

24 ATTORNEY GONZÁLEZ-ROBINSON: Okay, please mark this as

25 Exhibit 011.

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4 Q Mr. Colón, I’m showing you what has been marked as

5 Exhibit 011. Do you recognize that document?

6 (PAUSE)


8 A Uh huh.


10 Q Is that a “yes”?

11 A Yes, it is. I recognize the document.

12 Q Is it a document that you sent to Rubén Blades?

13 A Yes, it is.

14 Q What is the date on it?

15 A May 13 . th

16 Q 2003?

17 A Yeah.

18 Q Is this the fax... is this a fax, first of all? Did you

19 send this...

20 A Yes, it is.

21 Q Is this the fax that you were referring to about your

22 criticism of the Gilberto Santa Rosa loan?

23 A Yes.

24 Q What did you mean when you stated “Sometimes you are

25 too fair for your own good.”?



1 A I’m just trying to stroke him. Really, I’m not happy

2 about it at all, but I’m trying to keep the lines of

3 communication open because we’re doing business.

4 And, I don’t want him to catch an attitude and make it

5 as an excuse to not pay me.

6 Q And, when you said “I am still very proud of the work

7 we did through the years and the job we did on the night of May

8 3 . I hope we can...”... rd

9 A Well, that’s true. The work stands for... you know...

10 speaks for itself.

11 Q And, you indicated “I hope we can get a chance to do

12 another date to make it up.”?

13 A To make it up, yes.

14 Q What did you mean by that?

15 A That we can do a concert so I can get my money.

16 Q And, you signed it “Un abrazo, Willie”?

17 A Yeah.

18 Q Do you always sign your faxes like that?

19 A Well, I do often, yes.

20 Q May 13 , this is after you sent him that other faxth

21 about your estimate on expenses, correct?

22 A Right.

23 Q You didn’t, in this fax, address any money terms?

24 A I was waiting for the other shooter (sic) job because

25 it was... I’m... yeah, no, I didn’t feel it was time to hit him



1 again about the money, give him a little... see if I get a

2 response.

3 He answered the previous one that he had his family

4 over and stuff, and that I should expect the numbers... you

5 know... that the numbers are not what I say they are, that this

6 is what they are.

7 So, I was waiting for him to address that when his

8 family leaves.

9 ATTORNEY GONZÁLEZ-ROBINSON: Can the Court Reporter mark

10 this as Exhibit 012. This is a two (2) page letter from

11 Rubén Blades to Willie Colón. Counsel.




15 (PAUSE)



18 Q Mr. Colón, I’m showing you Exhibit 012. Is that the fax

19 that you just referred to, the response from Rubén Blades?

20 (PAUSE)


22 A Yes.


24 Q That’s dated May 14, 2003, correct?

25 A Uh huh.



1 Q Can we go back to Exhibit 010 for a minute... I’m

2 sorry... Exhibit...

3 A 011?

4 Q Your fax to him with the estimate of expenses.

5 COURT REPORTER: There’s one under here.

6 ATTORNEY GONZÁLEZ-ROBINSON: Yes, that one.


8 Q Exhibit 010, is it?

9 A 009.

10 Q Exhibit 009. Are those your phone numbers at the top

11 written in handwritten form?

12 A Yeah.

13 Q Okay, so this states “I’m faxing you with the latest

14 developments.”. Do you remember where you were when you received

15 this?

16 A I was in my house.

17 Q Okay, and point three (3) of this letter, on the first

18 page, he states “We were victims here of third parties.”.

19 ATTORNEY SAAVEDRA-CASTRO: In point three (3), you say?

20 ATTORNEY GONZÁLEZ-ROBINSON: Yeah, point three (3), like

21 mid-page.

22 ATTORNEY SAAVEDRA-CASTRO: Read the entire letter. I

23 don’t want you to...

24 ATTORNEY GONZÁLEZ-ROBINSON: Well, you produced this to

25 me.



1 ATTORNEY SAAVEDRA-CASTRO: Well, he can read it so he

2 can refresh his memory and just locate himself here.

3 (PAUSE)



6 Q Have you read the letter?

7 A Yeah.

8 Q Do you remember reading it at the time?

9 A Yes.

10 Q This is a fax where he states that “The expenses will

11 be what they are, not what we expect them to be.”?

12 A He also says “I assume responsibility for the loan from

13 Gilberto’s office.”.

14 Q Correct.

15 A Right, just like he assumed responsibility for

16 everything else.

17 Q He didn’t say that here, did he?

18 A He doesn’t say it here, but this is the same thing

19 because he knows that it was his blunder that got us into this.

20 Q In fact, in paragraph four (4), at the last line, he

21 says “I got robbed too.”.

22 ATTORNEY SAAVEDRA-CASTRO: Where are you reading from?

23 ATTORNEY GONZÁLEZ-ROBINSON: The last sentence, page one

24 (1).

25 ATTORNEY SAAVEDRA-CASTRO: And, that’s paragraph four



1 (4)?

2 ATTORNEY GONZÁLEZ-ROBINSON: The last sentence of page

3 one (1). It says “I got robbed too.”.

4 A Well, this is the first time that he pulls the “I got

5 robbed too.” on me. And, if he got robbed to, so what? I mean he

6 was responsible for the money.


8 Q But, you testified previously that you did agree that

9 you needed a final breakdown of expenses?

10 A Right.

11 Q And, this fax talks about “We need to understand what

12 was the final amount stolen.”.

13 A Okay. But, I never... first of all, I never got any

14 itemization from him of what the expenses were. He never bothered

15 to send me one.

16 Q And, the last paragraph...

17 ATTORNEY SAAVEDRA-CASTRO: Did you finish reading this?

18 A Huh?

19 ATTORNEY SAAVEDRA-CASTRO: Did you finish reading it?

20 A Yeah.


22 Q The last paragraph states that “The in order way this

23 amount can ever be repaid, as far as I can see, is if they agree

24 to do so, and the only way for them to do this is by working to

25 pay their debt.”.



1 ATTORNEY SAAVEDRA-CASTRO: Where are you reading now?

2 ATTORNEY GONZÁLEZ-ROBINSON: The last paragraph, page

3 two (2).

4 MR. MORGALO: The last paragraph, page two (2), right?



7 Q Do you remember reading that?

8 A I remember reading that. But, this is a... he’s trying

9 to retract having accepted the responsibility... you know...

10 when... at the moment of crisis, at the crunch time.

11 And, now, he’s beginning to change his language, but he

12 still says here “As soon as possible, I’ll send you all the

13 numbers.”, and he didn’t do... he never bothered even doing that.

14 Q Okay.

15 A You know, then...

16 Q That’s fine. I don’t have a question.

17 ATTORNEY SAAVEDRA-CASTRO: He hasn’t finished answering

18 the question.

19 ATTORNEY GONZÁLEZ-ROBINSON: Yes, he did.

20 ATTORNEY SAAVEDRA-CASTRO: He did not finish answering

21 the question.

22 A Here, it says “I will provide all the backup

23 documentation available...”...

24 ATTORNEY GONZÁLEZ-ROBINSON: Counsel, for the record,

25 you indicated to him on the page where to read from.

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1 ATTORNEY SAAVEDRA-CASTRO: He did not finish answering

2 the question. Please don’t interrupt the Witness.


4 013.



7 ATTORNEY SAAVEDRA-CASTRO: Please do not interrupt the

8 Witness, ma’am.

9 A So, he said...

10 ATTORNEY GONZÁLEZ-ROBINSON: I’m satisfied with the

11 answer he gave.

12 ATTORNEY SAAVEDRA-CASTRO: I’m not satisfied with the

13 answer because he didn’t finish.

14 ATTORNEY GONZÁLEZ-ROBINSON: Then, you can ask him

15 during your time to examine.

16 ATTORNEY SAAVEDRA-CASTRO: Look, don’t interrupt the

17 Witness. Please finish your answer.

18 ATTORNEY GONZÁLEZ-ROBINSON: Counsel, you’ll have an

19 opportunity to examine this Witness...

20 ATTORNEY SAAVEDRA-CASTRO: I’m not asking any questions.

21 ATTORNEY GONZÁLEZ-ROBINSON: ... after I’ve finished my

22 Examination.

23 ATTORNEY SAAVEDRA-CASTRO: I’m not asking any questions,

24 Counselor.

25 A See, Rubén says...

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1 ATTORNEY GONZÁLEZ-ROBINSON: I don’t need to hear...

2 A ... “I will provide all the backup documentation

3 available, as it is provided to me, and you will have a total of

4 expenses.”.

5 ATTORNEY GONZÁLEZ-ROBINSON: Please, Court Reporter,

6 could you strike that language that the Witness just stated

7 from the transcript, as there was no question posed to him.

8 A I’m finishing the question you asked me before.

9 ATTORNEY GONZÁLEZ-ROBINSON: No, you didn’t.

10 ATTORNEY SAAVEDRA-CASTRO: Counselor, the record is what

11 it is, and you will have the opportunity to raise that at

12 the appropriate time.

13 ATTORNEY GONZÁLEZ-ROBINSON: Well, I’m asking the Court

14 Reporter to strike that last sentence.

15 ATTORNEY SAAVEDRA-CASTRO: Your objection is noted, and

16 the matter will be...

17 ATTORNEY GONZÁLEZ-ROBINSON: You’re not the judge,

18 Counsel.

19 ATTORNEY SAAVEDRA-CASTRO: Nor are you the person to

20 erase statements from the record. Your objection is noted.

21 ATTORNEY GONZÁLEZ-ROBINSON: Mr. Saavedra, I’m showing

22 you what I have marked as Exhibit 013.



25 (PAUSE)

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3 Exhibit 013.

4 (PAUSE)



7 Q Do you recognize Exhibit 013?

8 A Yes, I do.

9 Q What do you recognize it to be?

10 A I don’t see any date on this here. What’s the date on

11 this?

12 Q I don’t know. I’m asking you.

13 A I don’t know when it is. This could be anytime here.

14 Q Is this something that you sent?

15 A It’s something that I sent, but I don’t know. This

16 could have been previous, before the gig. This could have been

17 before all of the problems.

18 Q Did you receive any money from Rubén before all of the

19 problems?

20 A I’m probably talking about the sixty-two ‘grand’

21 ($62,500.00) that I got as an advance.

22 Q But, you didn’t get that from Rubén Blades, did you?

23 A Well, it’s from Rubén’s office.

24 Q You got it from Arturo Martínez, you testified?

25 A But, it’s Rubén’s office.

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1 Q And, then you say “Did you get to send that fax with

2 breakdown to me?”. What breakdown were you referring to?

3 A We were probably talking about what he thought the

4 expenses were going to be.

5 Q So, that must have been after the concert, correct?

6 A I don’t know. This doesn’t have a date on it. So...

7 Q Would you have asked for a breakdown of expenses prior

8 to the concert?

9 A Yeah, because, just like that other sheet that I think

10 Arturo prepared, we had to figure out what the show was going to

11 cost.

12 Q And, you asked him to “consider doing some of these

13 dates”. You have a list of dates here, correct?

14 A Right.

15 Q Do you remember... does that refresh your recollection?

16 A Well, you know, after getting... no, it still

17 doesn’t... you know... I can’t tell if this was before.

18 There were a bunch of offers on the table before we did

19 the gig. You know, there was this big... you know... dog and pony

20 show about all of the things that could have been possible,

21 recording, a world tour and all of that stuff.

22 And, we had to figure out how much the show was going

23 to cost.

24 ATTORNEY GONZÁLEZ-ROBINSON: Okay, Mr. Court Reporter,

25 could you mark this two (2) page document as Exhibit 013...

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1 COURT REPORTER: 014.

2 ATTORNEY GONZÁLEZ-ROBINSON: ... 014.


4 ATTORNEY GONZÁLEZ-ROBINSON: You’re welcome.



7 (PAUSE)


9 A See, over here, is where he said, in this letter, “I

10 trust you know I’m not now...”...


12 Q Mr. Colón, I don’t have a question.

13 ATTORNEY SAAVEDRA-CASTRO: There’s no question pending,

14 Mr. Colón.


16 Q Okay, I’m showing you, Mr. Colón, Exhibit 014. Could

17 you take a look at that two (2) page document.

18 (PAUSE)



21 Q Do you recognize that document, Exhibit 014?


23 Q Can you describe what the first page is?

24 A The first page is my bank account, my company account.

25 Q And, is this a fax or an e-mail?



1 A It had to be a fax because Rubén don’t do e-mails.

2 Q And, it’s signed by you, correct?

3 A Yes.

4 Q And, it says “I forgot to send my bank ‘info’ like you

5 asked me to last week.”, correct?

6 A Yes.

7 Q And, what is the second page?

8 A It’s a transfer of funds.

9 Q From whom to whom?

10 A You know what? This is just a piece of paper. I mean

11 this doesn’t mean anything. It’s a photostat of a piece of paper.

12 I don’t know. I don’t even know if that... if this transfer was

13 ever done. It’s done in somebody’s handwriting.

14 Q What is the date on this?

15 A It’s written in somebody’s handwriting. This doesn’t

16 mean anything.

17 ATTORNEY SAAVEDRA-CASTRO: Well, first of all, do you

18 recognize this document?

19 A No, I don’t.


21 Q Do you remember receiving ten thousand, four hundred

22 and seventeen dollars...

23 A No, I do not.

24 Q ... and ten... I’m sorry, I need to finish my

25 question... ten thousand, four hundred and seventeen dollars and



1 ten cents ($10,417.10), on May 19, 2003?

2 A No, I don’t.

3 Q Is that your bank account information?

4 A Yes, it is.

5 Q And, is that your address for El Malo, Inc.?

6 A It’s the bank’s address.

7 Q And, is this signed by Rubén Blades, where it says

8 “Customer Signature”?

9 A I don’t know whose signature that is.

10 Q Do you recognize on section... roman numeral (VI),

11 Rubén Blades’ signature on that line?

12 A It looks like Rubén Blades’ signature.

13 Q And, it is signed by bank officers, isn’t it?

14 A I don’t know, I don’t know.

15 Q Okay, but you did not receive this into your bank

16 account?

17 A I don’t recall. I’ve never seen this paper before.

18 Q Would you be able to go through your bank account

19 records and check if this money was received?

20 A In 2003, I can probably ask for it, yeah.

21 ATTORNEY GONZÁLEZ-ROBINSON: Counsel, I’m making a

22 request that your client verify, with the Chase Manhattan

23 bank account, if he received ten thousand, four hundred...

24 ATTORNEY SAAVEDRA-CASTRO: I will get the information to you.

25 ATTORNEY GONZÁLEZ-ROBINSON: ... and seventeen dollars



1 and ten cents ($10,417.10).

2 ATTORNEY SAAVEDRA-CASTRO: I will get the information to

3 you. Are there any other payments you’d like me to review?

4 ATTORNEY GONZÁLEZ-ROBINSON: Well, certainly, if he has

5 received more payments.


7 ATTORNEY GONZÁLEZ-ROBINSON: Yes, anything that is

8 responsive to my Interrogatories and Request to Produce.

9 ATTORNEY SAAVEDRA-CASTRO: No, ma’am, I’m saying you’re

10 showing this document. Are there any other payments that

11 you’d like me to review?

12 ATTORNEY GONZÁLEZ-ROBINSON: NO AUDIBLE RESPONSE FROM

13 COUNSEL.

14 ATTORNEY GONZÁLEZ-ROBINSON: You’re asking whether this

15 money was received. In fact, it was wire transferred.

16 ATTORNEY GONZÁLEZ-ROBINSON: Right.



19 Q Did you produce a report on the expenses that you paid

20 to Mr. Blades?

21 A I think I did. Yes, I did.

22 Q When did you do that?

23 A I took it to Puerto Rico. I took it to... whatever I

24 spent up to the Puerto Rico day.

25 Q You mean the Siembra show?



1 A Yeah, the Siembra show.

2 Q And, did you keep a copy of that report?

3 A I believe I... it was... it’s part of the papers that

4 we sent you. There was a...

5 Q Those would have been expenses before the show

6 obviously?

7 A But, part of the expenses of the show.

8 Q Did you pay any other expenses for the show?

9 A After the show?

10 Q Correct.

11 A No. And, like I said before, whatever I spent was

12 minimal. It wasn’t even important numbers. The most important

13 number was the remaining payment that I was supposed to receive.


15 015. It’s a one (1) page document entitled “Report on

16 Expenses”.


18 ATTORNEY GONZÁLEZ-ROBINSON: You’re welcome.



21 (PAUSE)



24 Exhibit 015.

25 (PAUSE)





3 Q Mr. Colón, do you recognize what has been marked as

4 Exhibit 015?

5 A No.

6 Q Have you ever seen that document before?

7 A No... yes, yes, I have. Yes, I have, but just recently.

8 Q When you say “recently”, how recently did you see that

9 document?

10 A At my Attorney’s office.

11 Q Did you generate that document?

12 A No.

13 ATTORNEY SAAVEDRA-CASTRO: You produced this document to

14 us, Counselor.


16 Q Is this something that you received from Rubén Blades?

17 ATTORNEY SAAVEDRA-CASTRO: It was produced by you in

18 this case, ma’am.

19 ATTORNEY GONZÁLEZ-ROBINSON: I’m asking the Witness.

20 ATTORNEY SAAVEDRA-CASTRO: Well, I mean I think it’s

21 just like I’ll raise you. So, you’re trying to confuse this

22 document because you produced this document to us.


24 Q Mr. Colón...

25 A I never saw it until at my lawyer’s office. I don’t



1 know who generated it. I don’t know where it came from. I don’t

2 know who prepared it.

3 Q Okay, is this where you ascertained that there was a

4 wire transfer of a Martínez, Morgalo balance of forty-nine

5 thousand, eight hundred and thirty-five dollars ($49,835.00)?

6 A Yes, that was a surprise.

7 Q And, you assumed that amount was given to Rubén Blades

8 or transferred to Rubén Blades, correct?

9 A Well, where did it go?

10 Q You assumed that it went to his account?

11 A Yes.

12 Q It also states total expenses, seventy-three thousand,

13 seven dollars and fifty-five cents ($73,007.55), Item B?

14 A But, why? Because where does that number come from?

15 Expenses by Martínez, Morgalo, forty-four thousand ($44,000.00),

16 plus the ten percent (10%) commission.

17 Q Including their ten percent (10%) commission?


19 Q For the record, the documents supporting that figure

20 were attached to a Court document that your Counsel has seen.

21 I don’t know whether your Attorney has forwarded that

22 to you, but they’re also here available for review.

23 I won’t ask you to go through each and every receipt,

24 but you are welcome to look at them here.

25 MR. MORGALO: I would like to look at them.

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1 ATTORNEY GONZÁLEZ-ROBINSON: You have them. These are

2 the documents attached to the Motion for Summary Judgement.

3 MR. MORGALO: Not those. I haven’t seen those.

4 ATTORNEY GONZÁLEZ-ROBINSON: Can we go off the record.

5 (Off the record.)

6 (Brief pause.)



9 ATTORNEY GONZÁLEZ-ROBINSON: On the record.

10 ATTORNEY SAAVEDRA-CASTRO: I’m going to explode.

11 ATTORNEY GONZÁLEZ-ROBINSON: Counsel, was that an

12 objection to something?

13 ATTORNEY SAAVEDRA-CASTRO: I would ask the Witness to

14 step out, if you want me to answer that question.

15 ATTORNEY GONZÁLEZ-ROBINSON: What question?

16 ATTORNEY SAAVEDRA-CASTRO: The one you just asked me.

17 ATTORNEY GONZÁLEZ-ROBINSON: Whether you have an

18 objection?

19 ATTORNEY SAAVEDRA-CASTRO: You asked me a question. I

20 want the Witness to go out so I can answer that question on

21 the record.

22 Counselor, don’t ask me questions you don’t want me to

23 answer. But, I’ll answer on the record then. Yes, ma’am, I

24 have an objection.

25 This document, which you’re trying to induce my client

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1 to believe that he has actually...

2 ATTORNEY GONZÁLEZ-ROBINSON: Counsel, this is not the

3 time to make a speech.

4 ATTORNEY SAAVEDRA-CASTRO: Counselor, you asked me a

5 question.

6 ATTORNEY GONZÁLEZ-ROBINSON: Just make the objection.

7 ATTORNEY SAAVEDRA-CASTRO: You asked me a question.

8 ATTORNEY GONZÁLEZ-ROBINSON: Off the record. Can we go

9 off the record?

10 ATTORNEY SAAVEDRA-CASTRO: No, don’t go off the record.

11 She asked me a question on the record. I told her I wanted

12 the Witness excused, and she didn’t ask... and she didn’t

13 agree to it. So, do not turn off that machine.

14 COURT REPORTER: It’s her deposition, Counsel.

15 ATTORNEY SAAVEDRA-CASTRO: But, you are the Court

16 Reporter, and you swore and you gave your oath that you

17 would transcribe everything said at this deposition. Do not

18 turn off that machine. Let’s stay on the record.

19 ATTORNEY GONZÁLEZ-ROBINSON: Counsel, this is completely

20 out of order for you.

21 ATTORNEY SAAVEDRA-CASTRO: You asked me a question. I’m

22 going to answer it.

23 ATTORNEY GONZÁLEZ-ROBINSON: You stated on the record

24 you were wanting to explode. I had no question posed to the

25 Witness nor had I made any comment other than “Go on the



1 record.”.

2 ATTORNEY SAAVEDRA-CASTRO: You asked me a question, and

3 I told you I wanted to excuse the Witness so I can answer

4 your question.

5 I’d like him to get out so that you don’t have any

6 reason to believe I’m trying to coach this Witness. But,

7 don’t ask me questions and not expect me to answer. Yes,

8 so...

9 ATTORNEY GONZÁLEZ-ROBINSON: You have no objection.

10 ATTORNEY SAAVEDRA-CASTRO: Counselor, you asked me a...

11 ATTORNEY GONZÁLEZ-ROBINSON: There is no question posed.


13 I’m going to answer it. Please step out.

14 ATTORNEY GONZÁLEZ-ROBINSON: Counsel, there is no need

15 for you to raise your voice at me. You are interrupting this

16 deposition.

17 ATTORNEY SAAVEDRA-CASTRO: I have asked the Witness to

18 step out.

19 ATTORNEY GONZÁLEZ-ROBINSON: Let the record reflect the

20 Witness has just left the room on Counsel’s instruction.

21 ATTORNEY SAAVEDRA-CASTRO: Yes, I don’t want this

22 Attorney to believe I’m coaching this Witness.

23 You asked me a question. I’ll answer it. I think your

24 question was misleading to the extent you induced my client

25 to believe that this document, Exhibit 015, was generated by



1 him, when you knew full well it had been generated by your

2 client. You then...

3 ATTORNEY GONZÁLEZ-ROBINSON: I don’t know that. I’m

4 asking the Witness.

5 ATTORNEY SAAVEDRA-CASTRO: You then stated... you then

6 told my client that Exhibit 015, the numbers in 015, were

7 actually supported by certain documents attached to a Motion

8 for Summary Judgement.

9 And, then, to make things even more absurd, included in

10 this receipt is a commission of ten percent (10%) from

11 Martínez, Morgalo...

12 ATTORNEY GONZÁLEZ-ROBINSON: Counsel, if you have an

13 objection...

14 ATTORNEY SAAVEDRA-CASTRO: ... so misleadingly...

15 ATTORNEY GONZÁLEZ-ROBINSON: ... to the document, you

16 can impeach it at trial.

17 ATTORNEY SAAVEDRA-CASTRO: ... Counselor, I’m answering

18 your question... misleadingly suggesting that a ten percent

19 (10%) commission charged by Martínez, Morgalo, after they

20 had diverted about three hundred thousand dollars

21 ($300,000.00), that they’re somehow entitled to it.

22 ATTORNEY GONZÁLEZ-ROBINSON: Counsel, if you have a

23 problem with the facts of this case...

24 ATTORNEY SAAVEDRA-CASTRO: I think that was an

25 outrageous...



1 ATTORNEY GONZÁLEZ-ROBINSON: ... you can argue it in

2 front of the judge when we go to trial.


4 I’m going to answer it. And, that was the answer I wanted to

5 explode to tell you.

6 So, you asked me a question. Do you have any other

7 questions for me?

8 ATTORNEY GONZÁLEZ-ROBINSON: I’m going to call the

9 Witness back into this room.

10 ATTORNEY SAAVEDRA-CASTRO: I think... please do. We want

11 to finish this thing.

12 ATTORNEY GONZÁLEZ-ROBINSON: Mr. Colón, please come in.


14 Q Mr. Colón, your claim for a hundred and fifteen

15 thousand dollars ($115,000.00) assumes that you do not need to be

16 responsible for any of the expenses. Is that correct?

17 A My... unless I receive an itemization of where the

18 money went, I expect to be paid all of the money. I expect to get

19 the whole hundred and... be... receive the hundred and seventy-

20 five thousand dollars ($175,000.00).

21 Q So, you did not review the documentation that was sent

22 to you in initial disclosures, in 2007?

23 A What document? No.

24 Q The Production sent by Rubén Blades, you have not

25 examined that?



1 A I did not receive an itemization from Rubén.

2 Q I’m showing you...


4 016. Counsel.




8 (PAUSE)

9 (Revision of document by Counsel and Deponent.)


11 Q Mr. Colón, this is a two (2) page letter from the firm

12 of Pryor Cashman. Do you recognize that letter?

13 A Yes.

14 Q Did you see that letter anytime before today?

15 A Yes, not... yes, I did.

16 Q Did you authorize Attorney Anika Lewis to send that

17 letter to Rubén Blades?

18 A Yes, I did.

19 Q And, can you tell me where, in this letter...

20 ATTORNEY SAAVEDRA-CASTRO: Have you finished reading it?


22 Q Can you tell me where in this letter you claim, from

23 Rubén Blades, that he promised you payment?

24 (PAUSE)




1 A “Indeed, since Martínez was your agent, you are wholly

2 responsible for their tortious (as written) acts of fraud

3 and conversion, and accountable to Mr. Colón for the damages

4 he has suffered as a result thereof.”


6 Q So, this doesn’t say that he’s directly responsible to

7 you?

8 ATTORNEY SAAVEDRA-CASTRO: Oh, my God. Objection, legal

9 question, asked and answered.

10 ATTORNEY GONZÁLEZ-ROBINSON: That is not my...


12 Q My question was where does it say that he promised you

13 to be paid, that he’d pay you?

14 A Where does it say that he promised me? It says... it

15 doesn’t that he promised to pay me here. It says that he’s

16 responsible because agents were... that he’s responsible because

17 his agents... for their acts of fraud and conversion, and that he

18 accountable to me for the money.

19 Q Okay, and, in page one, second paragraph, the lawyer

20 states:

21 “Our client agreed to perform the concert with you in

22 exchange for payment of fifty percent (50%) of the amount

23 agreed to be paid by the concert producer, Dissar Production

24 (‘Dissar’), of three hundred and fifty thousand dollars

25 ($350,000.00), less certain minor expenses related to the



1 production, which were to be split between you and Mr.

2 Colón.”.

3 Did you agree with that statement?

4 A Well, yeah, that sentence out of context... you know...

5 you’re trying to exonerate him. But, at the bing, it says:

6 “As you are aware, in or around January, 2003,

7 Martínez, Morgalo & Associates (‘Martínez’) approached Mr.

8 Colón on your behalf...”.

9 Q I’m asking, that second sentence, whether you agreed

10 with that statement, starting with “Our client agreed to

11 perform...”, that being you.

12 A Yes, I agreed to perform.

13 Q What are the less... what are the “certain minor

14 expenses”, as you sit here today, that you agreed were to be

15 split between Mr. Blades and yourself?

16 A The cost of the talent and the hotel and airfares.

17 Q Are there any other expenses that you would include in

18 those expenses related to the production?

19 A Related to the production, the studio, the recordings,

20 the rehearsal studio.

21 Q So, you do agree that half (½) of those expenses need

22 to be deducted from your share of outstanding fee?

23 A Yes.

24 ATTORNEY GONZÁLEZ-ROBINSON: Can the Court Reporter

25 marks this as Exhibit 017. It’s a two (2) page Internet



1 article. Counsel.




5 (PAUSE)



8 Q Mr. Colón, I’m showing you Exhibit 017, and I’ll ask

9 you to please take a look at that document.

10 (PAUSE)


12 A What is this?

13 ATTORNEY SAAVEDRA-CASTRO: It’s a March, 2009 article,

14 news article.


16 Q Do you remember giving an interview to the Associated

17 Press, on March 6, 2009?

18 A Yeah, yes.

19 Q And, do you remember that this was in Mexico?

20 A Yes.

21 Q Do you remember stating that you were surprised at

22 Rubén Blades’ statement that he would not perform with you again?

23 A I felt they were a little melodramatic, yes.

24 Q Why do you feel that they were melodramatic?

25 A Because it’s almost a non-sequitur. You know, “You owe



1 me money. I’ll never play with you again.”. What kind of an

2 attitude is that?

3 Q You stated: “Yo pensé que era un poquito fuerte esa

4 reacción.”, correct?

5 A Yes.

6 Q The article goes on to say that you were willing to

7 resolve the controversy ‘como sea’, “y enfatizó que no se trata

8 de un asunto de dinero.”. Is that correct?

9 A Well, it isn’t only about money. If you saw... you saw

10 all of the communications that I sent him, and they were very

11 sugar-coated. I wasn’t busting his chops. I wasn’t being

12 disrespectful. I wasn’t making any crazy demands.

13 I tried to seek a... you know... some kind of

14 resolution. I mean I had totally no response from him for years.

15 I mean I just couldn’t get an answer out of him. It was like this

16 cutoff, and I felt that it could have been handled differently.

17 Q So, if this lawsuit is not about money, what is it

18 about?

19 A It’s about people keeping their word when they say

20 something and accepting responsibility for their actions.

21 Q And, it says: “Si el tribunal dice que yo no tengo

22 razón, pues okay.”. Did you say that?

23 A Yeah, it’s not the end of the world. If I lose the

24 case, it’s... but it’s important to me that I get my day.

25 Q Do you consider... this article states that you don’t



1 hate Rubén Blades.

2 A No, I don’t.

3 Q Do you resent him?

4 A I resent him sometimes.

5 Q Do you consider him your rival?

6 A No, I don’t consider him a rival. We’re two (2) totally

7 different animals.

8 Q You appeared at Día Nacional de la Salsa last year, in

9 2008. Is that correct?

10 A Yeah.

11 Q And, you performed as the last act in that show,

12 correct?

13 A Uh huh.

14 Q Did you select the songs that you performed that night?

15 A Yeah.

16 Q And, you dedicated a song to Rubén Blades, didn’t you?

17 A I played a song. I played one (1) of Rubén’s songs,

18 yeah.

19 Q And, did you dedicate that song to him?

20 A Actually, maybe I did. Yes, I did.

21 Q And, that song is “Te Están Buscando”, correct?

22 A Yeah.

23 Q And, why did you dedicate that to him?

24 A Because I thought it was cute.

25 Q Did you mean that to be a threat, Te Están Buscando?



1 A Are you kidding me? If I was going to hit him, I’d hit

2 him. You know, unfortunately, it’s not the good old days... you

3 know... when I was a kid because I would have handled it

4 different.

5 But, nowadays, we’re civilized, grown men, and we...

6 you know...

7 Q Okay, going back to Exhibit 002, which is the documents

8 that you provided me with today, I’m showing you Exhibit 002.

9 A Yeah.

10 Q Can you tell me what those first pages are?

11 A This page here was a letter that I was dictating, and

12 it’s a first draft.

13 Q Who did you dictate that to?

14 A Who took the dictation?

15 Q Yes.

16 A My wife.

17 Q When did you draft that document?

18 A This was from... this was an alternative letter to the

19 one that I finally... that I sent that said that I would accept

20 the sixty-five ($65,000.00).

21 Q Is that your handwriting?

22 A No, it’s Julia’s.

23 Q Can you read that for us on the record, as I don’t

24 understand the handwriting?

25 A “I received the contract and estimated expenses. Arturo

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1 was in constant contact with me on your behalf. He explained

2 that you were unable to meet with me directly or take my

3 phone calls because you were filming in a remote area.

4 We went forward in good faith. I agreed to your...” I

5 can’t make it out... oh... “I agreed to your terms such as

6 using your Musical Director, as well as your representatives

7 (Martínez, Morgalo).

8 You asked me to use...”... blank, blank... I guess it

9 was the musicians I was going to put in there... I don’t

10 know.

11 “When I learned that the rehearsals were estimated at

12 only three (3) days before the show and that your musicians

13 had taken work in Europe the week before the show, risking

14 the timely return due to the political climate, and I

15 obtained your permission to take over as Musical Director, I

16 hired new musicians, scheduled rehearsals...”... did

17 something to the “... charts, had new arrangements done, and

18 all the music copied for rehearsals.

19 I worked hard for weeks to ensure a professional,

20 current, exciting show. (I even lost forty (40) pounds!)

21 When the last days before departure arrived, the

22 communication from Arturo stopped, and I was left trying to

23 confirm travel itinerary for myself and the band, dealing

24 with promoters, and endured legal expenses.”

25 You had...”... I can’t make that out... oh... “You had

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1 several things and asked for a seventy/thirty (70%/30%)

2 split, with the seventy (70%) going to you.

3 As you know, we refused, and agreed to a fifty/fifty

4 (50%/50%) split only. Your response, according to Arturo,

5 was that you would agree to these terms for Puerto Rico, and

6 we went forward.

7 The earlier payment of sixty-two thousand, five hundred

8 ($62,500.00), not withstanding, my agreement was three

9 hundred and fifty thousand ($350,000.00), less expenses, of

10 the May 3 production, hotel, airfare, band fees and tenrd

11 percent (10%) commission.

12 The following fees were paid by me out-of-pocket, music

13 copy, Ernesto, charge from Mexico, Charlie García, charts.

14 The cost of rehearsal studio paid by Arturo. Hotel paid

15 by...”... blank. “Payments made by Ariel.

16 If my representative had absconded with possibly eighty

17 thousand dollars ($80,000.00) of your money, I don’t believe

18 you’d take it so casually whether I suffered.” I can’t read

19 this.

20 Q What about the third page?

21 A “That I agreed to go to Puerto Rico to protect myself

22 from non-compliance. After convincing you of the moral, as

23 well as legal obligation we had to continue with the show,

24 we agreed to discuss the situation on the phone, from New

25 York to P.R.

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1 At that time, you verbally took responsibility for this

2 fiasco, which was appropriate to do. I respect you for that.

3 The show was a huge success critically, and I humbly

4 submit my direction was a significant part.

5 In the spirit of compromise and resolution, I propose

6 we enter into a formal agreement to propose a minimum of two

7 (2) more shows in the next year.”

8 Q You testify you never sent this to Rubén Blades?

9 A No, I... no.

10 Q I’m showing you page fifteen (15) of Exhibit 002. Can

11 you tell me what that is?

12 A This is a page from the gig I did on the next... this

13 is from Orlando. So, this must be from...

14 Q Mr. Colón, did you reveal all the facts that you were

15 asked about during this deposition?

16 A Yes.

17 Q Have you answered all the questions truthfully and

18 accurately?

19 A Yes.

20 Q Is that all you have to say about this case?

21 ATTORNEY SAAVEDRA-CASTRO: Objection to the question.

22 It’s too broad and ambiguous.


24 Q Is there anything else you would like to tell me?

25 ATTORNEY SAAVEDRA-CASTRO: Objection. It’s an ambiguous



1 question. You want to make specific questions, go ahead.

2 But, after seven (7) or eight (8) hours of deposition, I

3 think that’s an unfair question to this Witness.


5 Q Go ahead, Mr. Colón.

6 A Do I want to say anything else? Not right now. But, I

7 may want to say something in the future.

8 ATTORNEY GONZÁLEZ-ROBINSON: Should we leave this

9 deposition open then?

10 ATTORNEY SAAVEDRA-CASTRO: Are you finished?

11 ATTORNEY GONZÁLEZ-ROBINSON: Should we leave the

12 deposition open, Counsel...


14 ATTORNEY GONZÁLEZ-ROBINSON: ... based on what he’s just

15 stated?

16 ATTORNEY SAAVEDRA-CASTRO: I don’t think you have any

17 reason to maintain it open, the deposition, based on his

18 last statement.


20 Q Well, I would like to know everything that you have to

21 say about the case, in order not to have to depose you again.

22 ATTORNEY SAAVEDRA-CASTRO: Objection, ambiguous and

23 broad, and it does not comply with the Rules of Civil

24 Procedure.

25 A What do you think?



1 ATTORNEY SAAVEDRA-CASTRO: You’re not here to ask

2 questions. Any other questions, Counselor?


4 Q Anything else, Mr. Colón?

5 ATTORNEY SAAVEDRA-CASTRO: Objection to the question,

6 ambiguous.

7 A Not right now.

8 ATTORNEY SAAVEDRA-CASTRO: Asked and answered.

9 ATTORNEY GONZÁLEZ-ROBINSON: That would be the end of my

10 Examination.

11 MR. MORGALO: Okay, can we take a five (5)?

12 ATTORNEY SAAVEDRA-CASTRO: Sure.

13 MR. MORGALO: And, I can roll in with mine. And, then

14 I... I know you’re tired.

15 A I’m fine.

16 MR. MORGALO: All right, thanks.

17 COURT REPORTER: Are we off the record?



20 (Brief recess.)



23 MR. MORGALO: Okay, this is Roberto Morgalo beginning

24 his questioning of Plaintiff Colón.

25 ATTORNEY SAAVEDRA-CASTRO: Good afternoon.



1 MR. MORGALO: Good afternoon.

2 CROSS EXAMINATION

3 BY MR. MORGALO:

4 Q Mr. Colón, I’d like to submit for the record, for

5 evidence, a document from Rubén Blades.

6 ATTORNEY SAAVEDRA-CASTRO: Let Ms. González review it.


8 (PAUSE)


10 COURT REPORTER: Do you wish to mark it?

11 ATTORNEY SAAVEDRA-CASTRO: Yeah, it will be marked as an

12 exhibit for you, right?

13 MR. MORGALO: Yes. Have you reviewed it yet?

14 ATTORNEY SAAVEDRA-CASTRO: Yes, I did.

15 MR. MORGALO: Okay, okay.

16 COURT REPORTER: That would be eighteen (018).

17 MR. MORGALO: Yes, I’m going to need a copy of that back

18 because that’s the only copy I have with me.

19 ATTORNEY SAAVEDRA-CASTRO: Sure. I think I could show

20 him my copy, and then you can have this one back.

21 MR. MORGALO: And, then I can get it from you. As long

22 as it’s in evidence, I’m okay with it.

23 ATTORNEY SAAVEDRA-CASTRO: All right.

24 MR. MORGALO: All right, very good.

25 ATTORNEY GONZÁLEZ-ROBINSON: But, then you need to marks

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1 that one.

2 ATTORNEY SAAVEDRA-CASTRO: Oh, that’s the one that’s

3 marked.

4 MR. MORGALO: Yeah, you can hold onto it. Should I keep

5 it here with the rest of these?

6 ATTORNEY SAAVEDRA-CASTRO: You don’t need it to ask

7 questions?

8 MR. MORGALO: Actually, yes. Thanks.



11 BY MR. MORGALO:

12 Q Mr. Colón, in your own words... I mean please take a

13 look at it and read that, and let me know when you’re ready.

14 A Okay.

15 (PAUSE)


17 ATTORNEY SAAVEDRA-CASTRO: Do you recognize the

18 signature on this page?

19 ATTORNEY GONZÁLEZ-ROBINSON: Objection, Counsel.

20 ATTORNEY SAAVEDRA-CASTRO: Go ahead.

21 A Do I recognize it?


23 A Yes, I do.

24 ATTORNEY SAAVEDRA-CASTRO: Whose signature is that?

25 A That’s Rubén Blades’ signature.

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1 ATTORNEY GONZÁLEZ-ROBINSON: Who’s asking questions

2 here, Morgalo or you?

3 ATTORNEY SAAVEDRA-CASTRO: Me.

4 MR. MORGALO: Okay, now I’m going to ask some questions.

5 BY MR. MORGALO:

6 Q In your own words, Mr. Colón, what does this letter

7 represent?

8 A This is kind of... maybe an order for an ad or a

9 posting in Poll Star Magazine.

10 Q Okay, does this letter clearly authorize Martínez,

11 Morgalo to represent Rubén Blades?

12 A Yes, it does. It says the only companies that are

13 authorized to represent Rubén Blades is Martínez, Morgalo &

14 Associates and, management, Rubén Blades Productions, Inc.

15 Q Now, you have already, in the previous deposition (sic)

16 by Blades’ Counsel, mentioned Poll Star. Is it an accurate

17 description that Poll Star is a database for the industry, for

18 representation, artist representation?

19 A Yeah, it’s like the directory, the Yellow Pages, for

20 promoters and contract societies and... you know... venues like

21 that.

22 When they’re looking how to get in contact with

23 artists, you put an ad in Poll Star.

24 Q All right, so this letter confirms that Martínez,

25 Morgalo & Associates is authorized to represent Rubén Blades,

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1 correct?

2 A Right.

3 Q Okay, do you have a similar written instrument or

4 agreement authorizing Martínez, Morgalo & Associates to represent

5 you on the Siembra show?

6 A No.

7 Q You’ve never had... you’ve never written an instrument

8 like that?

9 A No.

10 Q Or any letter of authorization?

11 A No.

12 Q Do you believe that, in this event, the Siembra show,

13 Martínez, Morgalo & Associates was equally looking out for both

14 your interests and Rubén Blades’ interests equally?

15 A No, I don’t think so.

16 Q Okay, to your understanding, was Martínez, Morgalo &

17 Associates representing both you and Rubén Blades on this show or

18 was Martínez, Morgalo & Associates negotiating with you...

19 ATTORNEY GONZÁLEZ-ROBINSON: Objection, leading.

20 ATTORNEY SAAVEDRA-CASTRO: Let him finish.

21 MR. MORGALO: Well...

22 ATTORNEY SAAVEDRA-CASTRO: He’s also a party.

23 ATTORNEY GONZÁLEZ-ROBINSON: You’re putting words in his

24 mouth.

25 MR. MORGALO: Well, he’s an adverse...

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1 ATTORNEY SAAVEDRA-CASTRO: He hasn’t finished the

2 question.

3 MR. MORGALO: He’s an adverse... okay...

4 ATTORNEY GONZÁLEZ-ROBINSON: Objection.

5 MR. MORGALO: ... I’m going to... okay.

6 ATTORNEY SAAVEDRA-CASTRO: Please don’t interrupt,

7 especially a pro se party, before he finishes the question.

8 MR. MORGALO: Okay, I will start again.

9 BY MR. MORGALO:

10 Q To your understanding, was Martínez, Morgalo &

11 Associates represent both you and Rubén Blades on this show or

12 was Martínez, Morgalo & Associates negotiating with you on behalf

13 of Blades, Rubén Blades?

14 A They were negotiating on Rubén Blades’ behalf.

15 Q So, your impression of the negotiations or the dealings

16 with Martínez, Morgalo & Associates was that Martínez, Morgalo &

17 Associates was representing Rubén Blades and negotiating with you

18 on behalf of Rubén Blades?

19 A Yes, that’s what I felt.

20 Q Okay, was this obvious to you by the fact that you

21 stated that Arturo Martínez was trying to negotiate a

22 seventy/thirty (70%/30%) split with you?

23 A Yeah, that’s pretty... when they’re trying to

24 negotiate... you know... such a disproportion and distribution,

25 it’s obvious that they don’t have my best intentions.

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1 Q Okay, I’m going to go back to Exhibit... which is

2 already on the record... Exhibit 004, which is the Engagement

3 Contract.

4 And, the Engagement Contract, did Robert Morgalo have

5 any dealings with you regarding this event?

6 A None whatsoever.

7 Q Okay, on the engagement agreement, when is the date of

8 that engagement agreement?

9 A The 22 of January. nd

10 Q Of what year?

11 A Of 2003.

12 Q On the second page of that contract, of that engagement

13 agreement, who is the authorized agent on this agreement?

14 A Arturo Martínez.

15 Q Okay, is Robert Morgalo’s name anywhere present on that

16 contract?

17 A No, it is not.

18 Q Okay, is there a signed contract in your possession?

19 A No.

20 Q Okay, are you aware of a signed contract?

21 A No, I am not.

22 Q To your knowledge, is this the only contract that has

23 been presented in this case?

24 A Yes, this is the only one that I know of.

25 Q Can you please let me know where, on this contract, it

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1 stipulates that the funds received by Martínez, Morgalo &

2 Associates are to be split fifty/fifty (50%/50%) between you and

3 Rubén Blades?

4 ATTORNEY SAAVEDRA-CASTRO: Could I hear the question

5 once again? Could you repeat the question?

6 MR. MORGALO: Yes.

7 (Off the record.)

8

9 (Brief pause.)


11 COURT REPORTER: We’re on the record

12 BY MR. MORGALO:

13 Q Okay, can you tell me, on this contract, where it

14 stipulates what percentage is supposed to be split between you

15 and Rubén Blades?

16 (PAUSE)


18 A Nowhere.

19 BY MR. MORGALO:

20 Q Okay, is there anywhere stipulated on this contract how

21 much is supposed to go to Rubén Blades once the funds are

22 received by Martínez, Morgalo & Associates?

23 A No.

24 Q Is there anywhere on the contract that stipulates how

25 much is supposed to go to you after Martínez, Morgalo &

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1 Associates received the funds?

2 A No.

3 Q Is there anything on the contract stipulated that

4 states how and who is going to pay for the expenses out of those

5 funds?

6 A No, it only says it’s “All-inclusive, except for sound

7 and lights.”.

8 Q Okay, thank you for those answers. Okay, now, aside

9 from the written engagement, you claim that there’s a verbal

10 agreement between you and Blades where Blades represents to you

11 that he’s going to be responsible for paying the monies for the

12 show, correct?

13 A Right.

14 Q All right, in that verbal agreement that you and Blades

15 made, was Robert Morgalo a party to that verbal agreement?

16 A No.

17 Q Okay, this is a breach of contract case, correct?


19 Q Is this a breach of contract case?

20 ATTORNEY SAAVEDRA-CASTRO: Objection, legal question

21 from a non-legal expert (sic). I think that’s a question

22 more for the attorneys.

23 MR. MORGALO: Okay, okay, I withdraw the question.

24 BY MR. MORGALO:

25 Q To your understanding, when was the Engagement Contract

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1 breached?

2 A The first breach...

3 Q The Engagement Contract, not the verbal contract, the

4 Engagement Contract.

5 A As far as I’m concerned?

6 Q Yes.

7 A I expected my second payment on March 22 , and thennd

8 again the other one on... the third payment on April 1 . So, Ist

9 would say that the first was on the second (sic).

10 Q On the second what?

11 A On March... the second deposit, the March 22 deposit. nd

12 Q So, you’re claiming that the contract was breached on

13 that date?

14 A Well, I didn’t receive... no, I don’t know. I really

15 don’t know. I have no way of knowing because really I can’t say.

16 Q All right, now you had testified earlier that Arturo

17 Martínez went to the rehearsals, correct?

18 A Yes, he did.

19 Q And, it’s already entered into evidence the receipts

20 that Arturo Martínez signed, dated April 23 , the e-mail thatrd

21 you sent me that had the list of all the receipts that you just

22 had here a little while ago with all the receipts? I don’t know

23 what exhibit that was.

24 ATTORNEY SAAVEDRA-CASTRO: Are you referring to a copy

25 that was provided to us?

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1 MR. MORGALO: Yes, yes.

2 ATTORNEY SAAVEDRA-CASTRO: An exhibit that was attached

3 to a Motion filed by...

4 MR. MORGALO: Yes, yes.

5 ATTORNEY SAAVEDRA-CASTRO: ... Mr. Blades’ Attorney.

6 (PAUSE)

7 MR. MORGALO: Okay, I don’t know what exhibit this is.

8 COURT REPORTER: It’s not an exhibit.

9 MR. MORGALO: It’s not. So, we’re going to make it an

10 exhibit?

11 ATTORNEY SAAVEDRA-CASTRO: I guess so.

12 ATTORNEY GONZÁLEZ-ROBINSON: It’s Exhibit 010.

13 MR. MORGALO: Exhibit 010, okay. Thank you very much.

14 No, no, I’m talking about...

15 ATTORNEY GONZÁLEZ-ROBINSON: That is not an exhibit to

16 this deposition.

17 MR. MORGALO: Oh, I want to enter it as an exhibit.

18 ATTORNEY GONZÁLEZ-ROBINSON: Do you intend to ask him

19 questions as to every receipt that is there?

20 MR. MORGALO: No, I’m asking specifically to this

21 particular receipt.

22 ATTORNEY GONZÁLEZ-ROBINSON: What particular receipt?

23 ATTORNEY SAAVEDRA-CASTRO: Could you show it to him and

24 perhaps you can...

25 MR. MORGALO: Yes, this one here. I don’t want to mess



1 this up, but this one here.

2 ATTORNEY SAAVEDRA-CASTRO: And, refer to it as it’s one

3 (1) page. It appears to have four (4) receipts in it from

4 Montana Studios.

5 ATTORNEY GONZÁLEZ-ROBINSON: You can ask him questions

6 without having it being...

7 MR. MORGALO: Well, I was going to, but...

8 BY MR. MORGALO:

9 Q Can you tell me what those receipts are for?

10 A Rehearsals.

11 Q To where? Where were the rehearsals done?

12 A At Montana Studios.

13 Q Okay, now there’s a receipt there... actually several

14 receipt. One (1) is signed.

15 ATTORNEY SAAVEDRA-CASTRO: To help, which one are you

16 referring to?

17 BY MR. MORGALO:

18 Q Okay, do you recognize...

19 ATTORNEY SAAVEDRA-CASTRO: There’s a receipt that is

20 attached to a document that has Invoice #11328, on the

21 upper, right-hand side.

22 BY MR. MORGALO:

23 Q Now, do you recognize the signature on that receipt?

24 A Well, not really, but it says... the writing says

25 “Arturo Martínez” underneath it.



1 Q Okay, what is the date of that receipt?

2 A April 23 . rd

3 Q April 23 , which is approximately how many days priorrd

4 to the May 3 concert? rd

5 A Two (2) weeks, something like that.

6 ATTORNEY SAAVEDRA-CASTRO: Ten (10) days.

7 BY MR. MORGALO:

8 Q Ten (10) days, approximately ten (10) days. All right,

9 so, as early as ten (10) days prior to the show, you had no clue

10 that there was a problem, correct?

11 A Right.

12 Q So, up until that day, Arturo Martínez was dealing with

13 you as if there were no problems, correct?

14 A Right.

15 Q And, you were left in the dark as to any problems,

16 correct?


18 A Yes.

19 ATTORNEY GONZÁLEZ-ROBINSON: Characterization.

20 BY MR. MORGALO:

21 Q Now, as far as Rubén Blades, did you trust... when you

22 had that verbal agreement, did you trust that Blades would pay

23 you the money for the show?

24 A Yes.

25 Q Okay, was your decision to perform based on Blades’



1 assurances that he would pay you?

2 A Yes.

3 Q Would you have performed if someone else would have

4 made the same promise to you?

5 A No... well, let’s... someone else, it depends. It would

6 have to be someone that was upstanding and had the resources to

7 make the promise.

8 Q Well, let me clarify that. If Arturo Martínez would

9 have promised you that he was going to pay you, would you have

10 performed?

11 A No.

12 Q If Ariel Rivas, the promoter, would have promised you

13 that he was going to pay you, would you have done it?

14 A Yes.

15 Q Oh, yes?

16 A Yeah, he’s... from what I hear, he’s... you know...

17 Q So, on that particular day, if Ariel Rivas would have

18 assured you that he was going to pay you the money personally,

19 only he didn’t have it there at the time, you would have done the

20 show anyway?

21 A Yeah, yes.

22 Q Okay, now Rubén Blades has denied that he has made any

23 promises of responsibility towards the show, correct?

24 A I guess so, yes, he has made public statements, yeah.

25 MR. MORGALO: I want to enter this into evidence.

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1 COURT REPORTER: That will be Exhibit 019.



4 MR. MORGALO: I’m going to need a copy of that.

5 BY MR. MORGALO:

6 Q Mr. Colón, can you please read that... I mean to

7 yourself.

8 (PAUSE)


10 A This is Rubén Blades says that:

11 “I prefer to assume the responsibility for what has

12 occurred until I know the truth.”.

13 BY MR. MORGALO:

14 Q Okay, that is a...

15 MR. MORGALO: Can I say what that is or...


17 BY MR. MORGALO:

18 Q Okay, that is an article from the Internet that is

19 dated 12/14/2003. All right, and this interview was done on VEA

20 Online, from VEA Magazine, which is a magazine from here, from

21 Puerto Rico.

22 And, that magazine... this article actually was done

23 immediately after the date, the May 3 date? rd

24 A Right.

25 Q And, would you say that this corroborates your...

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2 ATTORNEY SAAVEDRA-CASTRO: Let him finish the question,

3 Counselor.

4 ATTORNEY GONZÁLEZ-ROBINSON: The way he’s framing the

5 question is...

6 ATTORNEY SAAVEDRA-CASTRO: Well, let him finish the

7 question. It’s only fair.


9 BY MR. MORGALO:

10 Q Would you say that this corroborates your assertion

11 that Rubén Blades was willing to become personally responsible?

12 A Yes.


14 BY MR. MORGALO:

15 Q Okay, read that and tell me what that means to you?

16 A That he assumes responsibility of what happened.

17 Q Okay, so this was... okay, I don’t have anything else

18 to say about this. It speaks for itself.

19 ATTORNEY GONZÁLEZ-ROBINSON: Objection. You’re not

20 testifying, Mr. Morgalo.

21 ATTORNEY SAAVEDRA-CASTRO: Actually, the document speaks

22 for itself.

23 MR. MORGALO: Thank you. The document speaks for itself.

24 Thank you very much.

25 BY MR. MORGALO:

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1 Q Okay, I’m going to go back to Exhibit 003... okay...

2 Exhibit 003, the one that you presented. Now, Exhibit 003 was

3 presented by Counsel to Rubén Blades (sic).

4 Mr. Colón, this document, what is the date of this

5 document?

6 A I don’t see any. It has the date of engagement, but the

7 date that this was produced, I don’t see any date on it.

8 Q Okay, so there’s no date on it. And, you just said that

9 there’s no date... no evidence of when the document was produced,

10 correct?

11 A Right.

12 Q Who sent this document?

13 ATTORNEY SAAVEDRA-CASTRO: If you know.

14 A I don’t know.

15 BY MR. MORGALO:

16 Q Okay, do you know why there are no names or signatures

17 or anything in this document?

18 A I have no clue.

19 Q Okay, thank you very much.

20 MR. MORGALO: All right, I’m going to submit this into

21 evidence as well.

22 COURT REPORTER: It would be Exhibit 020.



25 (PAUSE)

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2 BY MR. MORGALO:

3 Q Are you ready?

4 A Yeah.

5 Q Could you tell me what that document is?

6 A I was trying to put together a set plan of the songs

7 for the show.

8 Q Is that an e-mail?

9 A It’s an e-mail, yeah.

10 Q Okay, who’s the e-mail from?

11 A It’s from Arturo.

12 Q Okay, and it’s to who?

13 A It’s to me.

14 Q Okay, what is the date and time of that e-mail?

15 A It’s January 20, 2003.

16 Q January 20, 2003, what time?

17 A 7:00 P.M.

18 Q 7:00 P.M. Based on the reading of that e-mail, on

19 January 20, 2003, at 7:00 P.M., was the Siembra show a confirmed,

20 done deal?

21 A On January 20 ? th

22 Q Uh huh, at 7:00 P.M., based on that e-mail.

23 A No.

24 Q No, right?

25 A No.

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1 Q All right, thank you.

2 MR. MORGALO: Let me make sure I don’t have any other

3 questions.

4 (PAUSE)

5 ATTORNEY GONZÁLEZ-ROBINSON: At this point, I’m going to

6 object, Mr. Morgalo. You have a right to inquire and make

7 questions as to the scope of my Examination and the exhibits

8 that I introduced into the record.

9 If you want to depose him, you need to do that

10 separately. But, this is my deposition.

11 You have a right to make questions as to the scope of

12 my questions and his testimony during my Direct Examination,

13 but not to introduce or make this a new deposition. So...

14 MR. MORGALO: Well, I apologize. I was not aware of...

15 well, since I already asked the questions on this particular

16 one...

17 ATTORNEY GONZÁLEZ-ROBINSON: That’s fine. I would...

18 MR. MORGALO: ... can I go ahead and just turn in this

19 one? It’s my orders to Active Duty.

20 ATTORNEY SAAVEDRA-CASTRO: May I see it, please?

21 MR. MORGALO: My orders to Active Duty.

22 ATTORNEY GONZÁLEZ-ROBINSON: They don’t need to be a

23 part of the record. You can ask him questions about your

24 orders, but I don’t...

25 MR. MORGALO: Well, it’s relevant to what I just asked.

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1 It’s relevant to what I just asked, and it’s on the record.

2 ATTORNEY GONZÁLEZ-ROBINSON: You can ask him questions

3 on your military orders. But, that is not part of my scope,

4 so...

5 MR. MORGALO: Okay, all right, so I can show it to him

6 though?


8 MR. MORGALO: Okay. It’s not going to be admitted, is

9 what you’re saying.

10 BY MR. MORGALO:

11 Q What is the date of that order?

12 A January 21 . st

13 Q January 21 , what year? st

14 A 2003.

15 Q Okay, are you aware that... based on that, are you

16 aware that I was called to Active Duty for combat support in

17 Iraq?


19 A That’s what it says here, right, yes.

20 BY MR. MORGALO:

21 Q Thank you very much. So, this is dated January 21 ... st

22 ATTORNEY GONZÁLEZ-ROBINSON: Counsel... Mr. Morgalo,

23 this is not the place to make arguments.

24 MR. MORGALO: I’m asking a question.

25 ATTORNEY GONZÁLEZ-ROBINSON: You have a question to him?



1 MR. MORGALO: Yes.

2 BY MR. MORGALO:

3 Q Based on what you just read... all right... based on

4 what you just read, that, on the 21 of January, I’m to reportst

5 to Active Duty for combat and, the night before...



8 Counselor.

9 BY MR. MORGALO:

10 Q ... and, the night before, just hours before I was

11 supposed to report, the date is not confirmed, is it reasonable

12 to expect that somehow...



15 Counselor.

16 BY MR. MORGALO:

17 Q ... Robert Morgalo is a party to this agreement?

18 ATTORNEY GONZÁLEZ-ROBINSON: Objection, speculative.

19 What agreement?

20 BY MR. MORGALO:

21 Q Okay, you said, Mr. Colón, that Rubén Blades received

22 fifty thousand dollars ($50,000.00) or forty-nine thousand

23 ($49,000.00) somewhere around there, after the show in P.R.

24 Is this the forty-nine... the fifty thousand dollars

25 ($50,000.00) you referred to?



1 ATTORNEY GONZÁLEZ-ROBINSON: Asked and answered.

2 MR. MORGALO: Well, I don’t know if that’s it because he

3 said, at the time...

4 ATTORNEY SAAVEDRA-CASTRO: Can we have the exhibit that

5 corresponds to this?

6 (PAUSE)

7 ATTORNEY SAAVEDRA-CASTRO: That’s Exhibit 015. That is

8 mine. This is yours.

9 MR. MORGALO: Okay, thank you.

10 BY MR. MORGALO:

11 Q Just to clarify, the fifty thousand ($50,000.00) or

12 forty-nine thousand dollars ($49,000.00) that you were referring

13 to, is this the forty-nine thousand dollars ($49,000.00) that

14 you’re talking about?

15 A Yeah.

16 MR. MORGALO: Okay, that’s all I have on that.

17 BY MR. MORGALO:

18 Q Now, Counsel for Blades asked you several times why

19 Rubén Blades... or why you did not prosecute Martínez, Morgalo &

20 Associates or Arturo Martínez and even Roberto Morgalo... because

21 I know you asked that question. And, you said because Rubén

22 Blades told you not to.

23 The question that I have for you is why didn’t Rubén

24 Blades...





2 Counselor. Actually, he’s doing a great job.


4 BY MR. MORGALO:

5 Q Why didn’t Rubén Blades sue or prosecute Arturo

6 Martínez or Martínez, Morgalo & Associates?

7 ATTORNEY GONZÁLEZ-ROBINSON: Objection, speculative.

8 A I was wondering that myself.

9 BY MR. MORGALO:

10 Q Now, as far as the breakdown of the show, and there was

11 no problem with the show, if the show went on as planned, would

12 you be entitled to a breakdown of the expenses in order to

13 determine what your final amount of payment should be?

14 A Absolutely.

15 Q Should there be any difference in the accountability of

16 that breakdown when the show went as planned or went the show

17 went south?

18 A Well, you want accounting either way.

19 Q So, there’s no difference either way whether it’s a

20 good show or a bad show? The accountability still needs to be

21 accounted for, correct?

22 A Yeah.

23 MR. MORGALO: And, for the sake of time and not putting

24 my foot in my mouth and not upsetting you, I’m done.

25 ATTORNEY GONZÁLEZ-ROBINSON: Counsel, do you have any



1 questions, Mr. Saavedra?

2 ATTORNEY SAAVEDRA-CASTRO: Let me take a few minutes.

3 One moment, please. Let me think for two (2) minutes. Okay?

4 (Off the record.)

5 (Brief pause.)


7 ATTORNEY SAAVEDRA-CASTRO: This is Juan Saavedra-Castro.

8 No, I do not have any questions at this time.

9 ATTORNEY GONZÁLEZ-ROBINSON: This will complete the

10 deposition of Plaintiff William Anthony Colón.

11 DEPOSITION CONCLUDED APRIL 21, 2009, AT 7:03 P.M.

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CERTIFICATE OF REPORTER

I, RAFAEL A. VEGA-QUIJANO, Court Reporter and a member of

Vega Reportage;

DO HEREBY CERTIFY: That the foregoing transcript is a full,

true and correct record of the testimony given which was taken

down by me and thereafter reduced to the typewritten form under

my direction and supervision.

I FURTHER CERTIFY: That I am not in any way involved or

interested in the outcome of said action.

WITNESS my hand this 11 day of May, 2009, in San Juan,th

Puerto Rico.

____________________________

RAFAEL A. VEGA-QUIJANO

Court Reporter



CERTIFICATE OF NOTARY PUBLIC

I, LETICIA AVILÉS-MATOS, ESQ., Attorney at Law and Notary

Public, duly commissioned and qualified in and for the

Commonwealth of Puerto Rico;

DO HEREBY CERTIFY: That by stipulation of the parties I

acted as Notary Public. That the foregoing deposition was taken

on the date and time heretofore mentioned; and

That the Court Reporter and the Deponent were sworn by me

before the commencement of the taking of the Deponent's

testimony. Afterwards, my presence was excused by stipulation of

the parties.

IN WITNESS WHEREOF, I sign this document and affix my

notarial seal in San Juan, Puerto Rico, on the___day of ________,

2009.

_______________________________

LETICIA AVILÉS-MATOS, ESQ.

Notary Public



CERTIFICATE OF DEPONENT

I, WILLIAM A. COLÓN-ROMÁN, of legal age, certify that:

I have read the transcript of my deposition, taken on April

21, 2009, in the case before The United States District Court for

the District of Puerto Rico, William Anthony Colón, Plaintiff

versus Rubén Blades, Robert Morgalo, Martínez, Morgalo,

Defendants, Case Number 07-1389(JAG), from page one (1) through

two hundred and sixty (260) inclusive, together with the

corresponding exhibits that were attached, if any.

If there are corrections or amendments to the aforementioned

transcript, the same are included as an addendum to the

transcript. The pages are initialed and numbered by me,

commencing with page number two hundred and sixty-one (261).

IN WITNESS WHEREOF, I sign this document in San Juan, Puerto

Rico, on the___day of ________, 2009.

________________________

WILLIAM A. COLÓN-ROMÁN

Deponent

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