Shanon Burgess - Redirect/Recross

MR. ALESSI: Thank you, your honor.

MR. ALESSI: Thank you, Mr. Burgess. Between the time you left the witness stand yesterday until this moment, have you talked to anyone about this case?

MR. ALESSI: Has a filing ever been made in any court in which your educational background has been misrepresented?

MR. ALESSI: Pardon me?

MR. ALESSI: Did I understand that you're based out of the Aperture office in Texas?

MR. ALESSI: And are you aware of a case in the United States District Court, Eastern District of Texas, Marshall Division, titled Jeffrey Glover and Teresa Glover versus Graphic Packaging International LLC? Are you familiar with that case?

MR. ALESSI: And is it correct that in that case — well, tell me how you are participating in that case, sir.

MR. ALESSI: And so it was a case that you did participate in, correct?

MR. ALESSI: And what was your role in that case?

MR. ALESSI: And did you provide any testimony, deposition or otherwise, in that case?

MR. ALESSI: Did you — in that particular case, there were, like all cases, filings made?

MR. ALESSI: May I approach, your honor?

MR. ALESSI: I would like to have a document marked as the next exhibit for identification.

MR. ALESSI: May I present to the witness, your honor?

MR. ALESSI: Thank you, Mr. Burgess. I am showing you a document which has been marked as Exhibit EE for identification, and I'd ask that you take a look at it. Your honor, may I remain here?

MR. ALESSI: Yes. Thank you.

MR. ALESSI: Yes, Mr. Burgess. With regard to Exhibit EE, do you recognize the second page, and do you recognize any stamping at the top of each of those pages?

MR. ALESSI: And can you describe what that stamping is?

MR. ALESSI: And is that a stamping of a federal court?

MR. ALESSI: If I were to show you a document, might a document refresh your recollection as to whether Exhibit EE is a filing in a federal court?

MR. ALESSI: May I, your honor?

MR. ALESSI: I am showing you —

MR. ALESSI: I believe I did, but I want to make sure. Just let me know if we need to move.

MR. ALESSI: I am showing you what has been marked as Exhibit FF for identification, and ask whether or not this document can refresh your recollection as to whether the court filing that you reviewed in Exhibit EE is indeed a federal court.

MR. ALESSI: So that document refreshes your recollection that what has been filed as represented in EE is a filing in a federal court.

MR. ALESSI: Now, what I'd like to do is to draw your attention to the second page of this exhibit. Is that a curriculum vitae of you and a picture of you?

MR. ALESSI: And sir, under "Education" —

MR. ALESSI: I will, your honor. I will.

MR. ALESSI: May I approach, your honor?

MR. ALESSI: Thank you, Mr. Burgess. I'm going to have to be a little close in proximity. Bear with me, please. What I would like to do, sir, is to put before you again Exhibit FF for identification and Exhibit EE for identification, and I would like to ask you some questions with regard to the process in the case. Okay. Are you aware, or do you recall, in this litigation that, as is typical in civil litigation including federal courts, as part of the litigation process the parties have to designate their expert witnesses? Are you aware generally of that process?

MR. ALESSI: And have you participated in the documents that need to be prepared for an attorney or a party to prepare documents and submit them to a court to establish the designation of expert witnesses?

MR. ALESSI: And so you have never participated or never been aware of a process like this?

MR. ALESSI: Okay. So it goes through other staff members where?

MR. ALESSI: Correct. Are you aware that that process is occurring, even though it may be done by other staff at Aperture?

MR. ALESSI: And in this instance, you were aware in this litigation that staff at Aperture needed to submit documents in support of an expert witness designation?

MR. ALESSI: Even though you may not have done it yourself, you were aware that some person or persons at Aperture were performing that process?

MR. ALESSI: And they were performing that process so that you could be designated as an expert witness in that case?

MR. ALESSI: And so you were aware of the process. You were aware they had to submit documents that would establish your qualifications as an expert in the case so that you could be designated as an expert witness.

MR. ALESSI: And now specifically with regard to Exhibit EE for identification — with these court filings — even though you may not have done it yourself, were you aware that this document, which is EE, was submitted as part of the expert designation process we were talking about?

MR. ALESSI: Were you aware that a CV was needed to be submitted on your behalf as part of the designation process?

MR. ALESSI: So you were aware a CV had to be submitted, but you're saying you don't recall this specific one being submitted.

MR. ALESSI: Does the timestamp at the top of each page of Exhibit EE — including this page that is your CV — match the timestamp, or is it different from the timestamp at the top of Exhibit FF?

MR. ALESSI: So it's exactly the same.

MR. ALESSI: And have you been involved in processes in courts where your qualifications, including your CV, have had to be submitted to courts to

MR. ALESSI: establish a designation as an expert witness?

MR. ALESSI: And can you conclude from these documents, including the timestamps, that the submission that was made to the court to establish your status as an expert witness consisted of exhibits E and FF?

MR. ALESSI: Your honor, at this point, I move E and FF into evidence.

MR. ALESSI: And sir, do E and FF fairly and accurately represent the submission of documents in support of a designation of expert witness in this case?

MR. ALESSI: Your honor, I offer these two into evidence.

MR. ALESSI: Yes, your honor. May I reapproach, your honor?

MR. ALESSI: I'm going to have to stand here and reach in for this. So, what I would like to do, your honor, at this time is to offer into evidence exhibit E and exhibit FF for identification as one exhibit — as one exhibit.

MR. ALESSI: May I hand to the —

MR. ALESSI: I am handing you what is now in evidence as exhibit 193. I would like to draw your attention to the fourth page, which is your CV, and further, if I could, sir, draw your attention to the category of education where it says BGS. Is it correct that there you state

MR. ALESSI: Bachelor of General Science in Mathematics and Business Administration, University of Alabama-Birmingham, Alabama, 2024. Did I read that correctly?

MR. ALESSI: And this was filed in 2023.

MR. ALESSI: So now what I'd like to do, your honor — ma'am, keep this for a moment, your honor. Give it to the witnesses as needed. Thank you. With your honor's permission, I would like to publish a document that is already in evidence.

MR. ALESSI: Actually, there may be two, 183 and 184. Let's start with 183. Let's expand it. And then, Mr. Woll, do we have what has just been — to publish as well? So what I'd like to do is to

MR. ALESSI: publish first, with the court's permission, exhibit 193 that we were just talking about, so the jury can see what has been the subject of discussion. And sir — Mr. Woll, if you could just enlarge, all we need is the education section. Now, Mr. Burgess, as I heard it correctly in questions from Mr. Brennan, you answered the question of whether you had ever filed a document that misstated your educational background in a court. Do you recall that question asked of you?

MR. ALESSI: And your answer was no.

MR. ALESSI: So let's look at this document, which we've just gone through, was filed in federal court in the United States

MR. ALESSI: District Court, Eastern District of Texas, Marshall Division — which is a federal court — and attached to it is your CV, and in the line of education it lists, under BGS, Bachelor of General Science in Mathematics and Business Administration, University of Alabama-Birmingham, Alabama, 2024. You see that, sir?

MR. ALESSI: Now, you stated — and now what I'd like to do — is there any qualification whatsoever in that line? Any reference to BGS qualifications, any explanation, sir? Is there anything?

MR. ALESSI: Correct.

MR. ALESSI: Now, what I'd like to do, your honor, is to go to what was filed in this case, which is in evidence, and we'll go to 183 and then 184. Now, in what has been filed in this case, there is "currently pursuing" at the end, after "University of Alabama-Birmingham, Alabama."

MR. ALESSI: Let's go back, please, to exhibit 193. There is no "currently pursuing" there — is there, sir?

MR. ALESSI: Okay. So this document was filed in 2023. However, there's nothing in this document that in any way leads the

MR. ALESSI: reader to believe anything other than that the degree was obtained in 2024.

MR. ALESSI: Correct. So the only way somebody in the court system — a judge or a jury — would know anything about this is to have to know about court filing dates.

MR. ALESSI: I'll ask it another way. Mr. Burgess, you know how to write. Let's go back to 183 and 184. You know how to write "currently pursuing" on your CV.

MR. ALESSI: And writing "currently pursuing" lets the reader know that you don't have that degree. Correct?

MR. ALESSI: You intend by writing "currently pursuing," don't you, sir, for anybody who reads this to know that you do

MR. ALESSI: not have a bachelor's degree. Correct?

MR. ALESSI: You intend by writing "currently pursuing," don't you, sir, that anybody who reads this — to know that you do

MR. ALESSI: not have a bachelor's degree.

MR. ALESSI: Correct. And the last time I'll cover it — you know how to put "currently pursuing" on anything to do with a bachelor of science.

MR. ALESSI: A bachelor of general science in mathematics and business administration does not exist as an offered degree at the University of Alabama-Birmingham. Does it?

MR. ALESSI: That is a known acronym.

MR. ALESSI: Let's go back to "Bachelor of General Science in Mathematics and Business Administration." That degree does not exist. It is not offered at the University of Alabama-Birmingham.

MR. ALESSI: So therefore, an incorrect statement about your educational background was filed in a federal court in Texas.

MR. ALESSI: Objection, your honor.

MR. ALESSI: Objection.