14 VIDEOGRAPHER: We're on the video record.
15 The time is 910 a.m., May 1, 2008. May the court
16 reporter please swear in the witness at this time.
17 CLAUD KERN WILDENTHAL, M.D., Ph.D.,
18 having been first duly sworn, testified as follows:
25 Q. Good. Can you state your name for the record.
1 A. Claud Kern Wildenthal.
12 Q. Okay. You've had your deposition taken on many
14 A. On several occasions.
15 Q. How many occasions?
16 A. I don't know the exact number. More than five,
17 less than ten.
18 Q. Okay. Somewhere between the five and ten
20 A. That would be my best guess.
21 Q. Have you testified in court?
22 A. I have.
23 Q. And how many occasions?
24 A. Two lawsuits, as I recall.
25 Q. Two times in which you've been sued?
1 A. One time in which I've been sued and one time
2 in which I was seeking an injunction.
3 Q. In by what?
4 A. In which I was seeking an injunction.
5 Q. Okay. So you understand today you are
6 testifying just as if you were in a court of law?
7 A. Yes, sir.
8 Q. You understand the penalties of perjury
9 attached to your testimony?
10 A. Of course.
11 Q. If you do not tell the truth?
12 A. Of course.
25 Q. Are you on any medications today that may allow
1 you not to answer or provide me with your best testimony
3 A. No, sir.
4 Q. Is there any other reason why you wouldn't be
5 able to provide me with your best testimony today?
6 A. No, sir.
7 Q. What is your date of birth?
8 A. July the 1st, 1941.
9 Q. What is your Texas driver's license number?
10 A. I don't know the answer to that.
11 Q. Do you have it with you?
12 A. I do not.
13 Q. Did you drive here today?
14 A. I did.
15 Q. Did you leave your driver's license in the car?
17 A. No, I didn't.
18 Q. Did you drive without a license here today?
19 A. No, sir.
20 Q. Where is it?
21 A. It's in my briefcase.
22 Q. Where is your briefcase?
23 A. It's in the room where we assembled here at the
24 law firm.
25 Q. So will you agree to get that for me at a lunch
1 break or something?
2 A. I don't know that I could agree to anything
3 without asking my lawyer's opinion about that. (??? Taking the fifth already?)
4 Q. So you need to ask your lawyer whether you can
5 give me your driver's license number?
6 A. That's correct.
6 Q. The five to ten prior occasions that you've
7 been deposed, let's back that up. When was the last time
8 you were deposed?
9 A. I don't recall exactly. It's been several
11 Q. Was it in connection with you being president
12 of the university?
13 A. Yes, sir.
14 Q. What kind of case was it?
15 A. I don't recall the last case. So I couldn't
16 answer that exactly. (Given the nature of the allegations here is no way he could forget the fact that he is being sued, for reasons described below. Watch him duck, dodge, and weave.)
17 Q. You don't remember any of the allegations?
18 A. I remember -- I'm sorry. Allegations?
19 Q. Yes, sir.
20 A. I don't recall that there were -- I'm not sure
21 what you mean by allegations.
22 Q. Was the university a defendant in a lawsuit in
23 which you were deposed?
24 A. In some cases, the university was the defendant
25 in the lawsuit in which I was deposed.
1 Q. Do you remember any of the allegations in any
2 of the cases in which you were deposed?
3 A. Yes, sir.
4 Q. Tell me about those cases, please.
5 A. Well, there have been cases of assertions of
6 inappropriate or termination of employment. That's
7 probably the most common. There have been cases
8 involving malpractice, medical malpractice.
9 Q. Can you recall any allegations other than
10 termination of employment or malpractice cases in which
11 you have been deposed?
12 A. Yes, sir. (Starting to get his memory back.)
13 Q. What else?
14 A. I was deposed in a civil matter between two
15 individuals in which it was believed that I had some
16 information that was relevant to the case, and UT
17 Southwestern Medical Center was not a party to that case. (He didn’t just have information. The lawsuit was about his actions.)
18 Q. What were the allegations between those two
20 A. That was some years ago, and it had to do with
21 the terms of a gift that was being offered to the
23 Q. Was that a will contest?
24 A. No, sir.
25 Q. Have you been deposed in any other
2 A. Yes. In fact I have been deposed with regard
3 to one will contest. .
4 Q. Anything else?
5 A. That's all that I can recall.
Q. Do you remember any other plaintiff names in
25 any of the other cases in which you have been deposed?
1 A. I do not remember the names of the plaintiffs,
3 Q. Do you remember the name of the case in which
4 you were deposed regarding a will contest?
5 A. The name of the -- of the plaintiff?
6 Q. Any party.
7 A. The contested will had to do with a woman named
8 Pauline wine bearing ER's will. (misspell)
9 Q. What were the allegations in that case?
10 A. The allegations were -- had to do with which
11 will of the various Willis that Mrs. Wine bear had
12 drawn should prevail.
13 Q. Allegations concerning your behavior in that
15 A. Not that I recall.
16 Q. You don't recall any allegations about your
17 behavior in that case?
18 A. Not as a part of the lawsuit, no, sir.
19 Q. Do you recall any allegations about you being
20 at the scene her death immediately or at or near the time
21 that she expired even before the medical examiner or
22 funeral home showed up rummaging through her possessions?
23 A. I was at her residence shortly after her death.
24 I don't know how that related to the arrival of people
25 who took her body, and there were allegations that I
1 supposedly rummaged through her papers.
2 Q. Not only her papers, but her jewelry and cash,
4 A. No, that's not correct.
5 Q. That's incorrect?
6 A. That is incorrect.
7 Q. Okay. There were no allegations of those
9 A. Not to my knowledge that there were any
10 allegations that I rummaged through her cash or her
11 jewelry. There were allegations that I rummaged through
12 her papers and in looking through her papers, there was
13 some cash that was there that I observed, as did others
14 who were there.
15 Q. Are there pending did I any pending claims
16 against you currently that you're aware?
17 A. No, sir.
18 Q. You are not aware of any pending lawsuits now?
20 A. The only lawsuit that I'm aware of is the one
21 we're engaged in now.
3 Q. Do you know who Wendy Reeves is?
4 A. Yes, I do.
5 Q. Who is Wendy Reeves?
6 A. Wendy Reeves is a woman who has given a great
7 deal of art and other philanthropic gifts to a variety of
8 institutions through trusts that she was the president
10 Q. And now they aring's certainly pending
11 outstanding claims against the university and you
12 personally related to gifts that she has made to the
13 university, correct?
14 A. Not to my knowledge.
15 Q. You're unwaiver any claims that are pending
16 either in Luxembourg or Europe pending against you and
17 the university?
18 A. That's correct.
19 Q. Is that your testimony?
20 A. That's correct.
21 Q. Are you aware of any pending criminal
22 indictments or criminal investigations pending against
23 you, Dr. Wildenthal?
24 A. No, sir.
25 Q. Have you heard any rumors of any pending
1 indictments or criminal investigations against you?
2 A. No, sir.
3 Q. Have you ever heard of such pending rumors or
4 any investigations against you in your entire career?
5 A. I'm sorry. Investigations or indictments did
6 you say?
7 Q. Yes, sir.
8 A. Which?
9 Q. Either.
10 A. I am not aware of any pending indictments
11 against me, and I don't know what you would define as an
13 Q. Have you ever heard of any criminal
14 investigations against you, sir?
15 A. I have never heard of any criminal
16 investigations against me.
17 Q. Do you have serve on any boards related to or
18 associated with Wendy Reeves's foundation?
19 A. Yes, sir.
20 Q. What boards do you serve on related to Wendy
22 A. There are two foundations that are related to
23 Wendy Reeves. One is incorp. the in New York, and one is
24 incorporated in Texas.
25 Q. What are the --
1 A. I'm not certain of the exact names, but I
2 believe they are the Wendy M Reeves or the Emory and
3 Wendy Reeves foundation.
4 Q. Aren't you chairman or the executive director
5 of some high ranking official in either or both of those
7 A. I'm a member of the board and either president
8 or chairman. I'm not sure of the exact title of both of
9 those. (Sounds like Willis Maddrey. They name each other as presidents of various boards, and they have no idea what they are doing, and don’t even remember their titles or responsibilities. And this was one of UTSW’s primary donors!)
10 Q. And you're not -- let me back up. You're
11 chairman or president?
12 A. I'm not sure of the exact title.
13 Q. Not through with my question, sir.
14 A. Beg your pardon.
15 Q. There's a difference, you would agree, between
16 the president and the chairman of the board of directors;
17 is that correct?
18 A. I don't know in these particular foundations
19 what the title of the head of the foundation is.
20 Q. My question, sir, with all due respect is -- is
21 there a difference between the role and responsibilities
22 and duties of a president and the chairman of the board
23 of directors?
24 MR. STEINDORF: Objection; form.
25 A. I am not aware of the difference between did
1 the -- the distinctions between that and these particular
2 foundations. I'm not certain how those titles are used
3 in these foundations. (And he’s the President or the Chairman of the Board. He doesn’t remember which.)
18 Q. And is the medical school or the Medical Center
19 the primary beneficiary of both foundations?
20 A. No, sir.
21 Q. Is the Medical Center a beneficiary of either
23 A. The medical school has not received anything
24 from either of the two foundations.
25 Q. That wasn't my question?
1 A. Could you explain your question, then.
2 Q. My question is: Is it a beneficiary?
3 A. It -- the foundation board will decide who the
4 beneficiaries are of their -- and no such decisions have
5 been made.
6 Q. Are there any documents setting for the the
7 purpose for which the foundation was formed?
8 A. The foundation -- which foundation are you
9 referring to?
10 Q. Either one.
11 A. Yes, I'm -- I think there are documents, yes,
13 Q. Okay. And let's talk about the Texas
15 A. Okay.
16 Q. What was that foundation -- what was the
17 purpose for the formation of that foundation?
18 A. The purpose of that foundation is to provide
19 philanthropic contributions to any of four designated
20 potential beneficiaries.
21 Q. Okay. Related to what?
22 A. I beg your pardon? Related to what? What --
23 Q. Philanthropic needs for -- related to arts?
24 Related to health and medicine? Related to indigent
25 care? Related to concern Wildenthal's home on Hanover
1 street? Related to what?
2 A. The documents with regard to the Texas Reeves
3 foundation don't designate the beneficiaries, and I'm not
4 sure what the specific purposes at each beneficiary are
5 designated as. I'd have to review that.
6 Q. Okay. Is it your testimony under oath today as
7 you sit here that you don't know why each foundation was
9 A. No, sir, that's not my testimony.
10 Q. Okay. So you cannot be more specific other
11 than stating under oath that they were set up for
12 philanthropic purposes?
13 A. No. I believe my testimony was and is that
14 they were set up to provide assistance to four designated
16 Q. Okay. And what designated organizations are
18 A. Those are the Dallas museum of art, William and
19 Mary college, the Dallas symphony orchestra, and
20 Southwestern Medical Foundation.
5 Q. Are there any -- have any claims been made
6 either in Europe, Luxembourg or anywhere across the
7 assess or in the United States regarding any will contest
8 regarding the divisions of those trust funds?
9 A. I -- there are legal contests in Europe with
10 regard to the division of funds to the philanthropic
11 beneficiaries as opposed to the son of Mrs. Reeves.
12 Q. Have you been named individually in any of
13 those cases?
14 A. I believe I have.
15 Q. Okay. So when you testified earlier whether I
16 asked you if you were aware of any pending lawsuits or
17 any other lawsuits and you testified no, that was an
18 incorrect answer, wasn't it?
19 A. I'm not certain exactly what the question and
20 my answer was. So I -- I would have to review that to be
21 sure that was be an incorrect answer.
22 Q. When I asked you if you were -- had any claims
23 or related litigation pending or related to Wendy Reeves
24 and you said no, that was an incorrect answer. Agreed?
25 A. I don't recall that that was the way that you
1 phrased your question.
2 Q. If that was I way I phrased my question --
3 A. Could --
4 Q. Let me ask you, sir. If a that was the way I
5 phrased my question and your answer was no, was that an
6 incorrect or misleading answer? ?
7 MR. STEINDORF: Objection; form.
8 A. Could we just review what the question was
9 apartment on answer?
10 Q. No. My question was if that was the way I
11 asked my question and your response was no, would you
12 agree with me that that was an incorrect or misleading
14 A. I'm sorry. I'm trying to understand exactly
15 what you're asking. And --
16 Q. It's not a difficult question, sir.
17 A. Well, it's difficult because I'm not --
18 Q. It's difficult if you're not telling the truth
20 A. I'm telling the truth, sir.
21 MR. STEINDORF: I'm going to instruct you
22 not to answer this question.
23 Q. Dr. Wildenthal, if my question was: Was there
24 any pending or current litigation regarding Wendy Reeves
25 and your answer was no, would you agree with me that that
1 was an inaccurate, incorrect, or misleading answer?
2 MR. STEINDORF: Same instruction.
3 A. Under the --
4 MR. STEINDORF: Same instruction, Doctor.
5 I've instructed you not to answer the question?
6 Q. Are you refusing to answer that question?
7 A. Under the advice of my attorney, yes.
8 Q. Do you think your attorney instructed you not
9 to answer that question because he don't want to hear the
11 MR. STEINDORF: I'm going to instruct you
12 not to answer that question.
13 Q. That question, as well, are you refusing to
15 A. Yes, sir.
16 Q. Who has made claims against you? Wendy
17 Reeves's son?
18 A. Could you define for me what you mean by made
19 claims against me?
20 Q. What don't you understand about that question?
21 A. I don't understand the -- what is defined as
22 making claims against me.
23 Q. Well, have any allegations of any type of
24 improprieties been made against you for influencing the
25 way that Ms. Reeves has left her money or her estate or
1 divided her estate or anything of the sort?
It seems as if he is caught up in “Will Contests.” These are cases where shortly before the death of a donor he managed to change the will of a donor in order to re-direct the money. Those are the allegations. I don’t know how it is going.