STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

 

 

SUGAR CANE GROWERS COOPERATIVE OF )

FLORIDA, a Florida Agricultural )

Cooperative Marketing Association, ) CASE NOS. 92-3038

ROTH FARMS, INC., and ) 92-3039

WEDGWORTH FARMS, INC., ) 92-3040

)

and )

)

FLORIDA SUGAR CANE LEAGUE, INC.; )

UNITED STATES SUGAR CORPORATION; )

and NEW HOPE SOUTH, INC., )

) ___________________

and )

FLORIDA FRUIT AND VEGETABLE ) DEPOSITION

ASSOCIATION, LEWIS POPE FARMS, )

W.E. SCHLECHTER & SONS, INC., and ) OF

HUNDLEY FARMS, INC., )

) LORI ANN SUTTER

Petitioners, ) ___________________

)

vs. )

)

SOUTH FLORIDA WATER MANAGEMENT )

DISTRICT, an Agency of the State )

of Florida, )

)

Respondent, )

)

and )

)

MICCOSUKEE TRIBE OF INDIANS OF )

FLORIDA, the UNITED STATES OF )

AMERICA, and FLORIDA DEPARTMENT OF )

ENVIRONMENTAL REGULATION, and the )

FLORIDA WILDLIFE FEDERATION, )

)

Intervenors. )

___________________________________)

 

 

AT DURHAM, NORTH CAROLINA

NOVEMBER 9, 1992 - 9:00 A.M.

 

 

 

 

REPORTED BY: CAROLYN R. RICHARDSON

CAROLYN Y. HALL & ASSOCIATES

MS. SUTTER PAGE 2

 

 

APPEARANCES:

 

 

FOR THE PETITIONERS:

 

 

MR. WILLIAM L. HYDE MR. GARY V. PERKO

PEEPLES, EARL & BLANK HOPPING, BOYD, GREEN & SAMS

215 SO. MONROE STREET 123 SOUTH CALHOUN STREET

SUITE 350 POST OFFICE BOX 6526

TALLAHASSEE, FLORIDA 32301 TALLAHASSEE, FLORIDA 32314

 

 

TELEPHONE: (904) 681-1900 TELEPHONE: (904) 222-7500

 

 

 

 

FOR THE

RESPONDENT-INTERVENOR:

 

 

MS. SUZAN HILL PONZOLI MR. LEE M. KILLINGER

ASSISTANT U.S. ATTORNEY ASSISTANT GENERAL COUNSEL

SOUTHERN DISTRICT OF FLORIDA STATE OF FLORIDA

155 SOUTH MIAMI AVENUE DEPARTMENT OF ENVIRONMENTAL

SUITE 627 REGULATION

MIAMI, FLORIDA 33130 TWIN TOWERS OFFICE BUILDING

2600 BLAIR STONE ROAD

TELEPHONE: (305) 536-4425 TALLAHASSEE, FLORIDA 32399

 

 

TELEPHONE: (904) 488-9730

 

 

FOR DUKE UNIVERSITY:

 

 

MR. RALPH L. McCAUGHAN

KING, WALKER, LAMBE & CRABTREE

SUITE 100, 3708 MAYFAIR STREET

POST OFFICE BOX 51549

DURHAM, NORTH CAROLINA 27717-1549

 

 

TELEPHONE: (919) 493-8411

 

 

ALSO PRESENT:

 

 

MR. RONALD D. JONES, Ph.D.

FLORIDA INTERNATIONAL UNIVERSITY

 

 

MR. JIM GRIMSHAW, Ph.D.

SOUTH FLORIDA WATER

MANAGEMENT DISTRICT

 

 

MR. SAM ELSWICK, PARALEGAL

MS. SUTTER PAGE 3

 

 

T A B L E O F C O N T E N T S

 

 

E X A M I N A T I O N I N D E X

 

 

DEPONENT - LORI ANN SUTTER - 11/9/92

 

 

EXAMINATION BY: PAGES

 

 

MS. PONZOLI 4-169

 

 

MR. KILLINGER 169-194

 

 

 

 

-------------------------------------------------------

 

 

E X H I B I T S I N D E X

 

 

NUMBER DESCRIPTION MARKED

 

 

 

 

 

 

(EXHIBITS NUMBER 1 THROUGH NUMBER 31 WERE

IDENTIFIED BY MS. SUTTER DURING HER DEPOSITION

AND ALL COPIES WERE RETAINED BY MS. PONZOLI.)

 

 

 

 

 

 

-------------------------------------------------------

 

 

 

 

SIGNATURE PAGE FOR DEPONENT 195

 

 

 

 

CERTIFICATION OF COURT REPORTER 196

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MS. SUTTER PAGE 4

 

 

ON MOTION OF COUNSEL FOR THE

 

 

RESPONDENT-INTERVENOR, THE DEPOSITION OF MS. LORI ANN

 

 

SUTTER MAY BE TAKEN BEGINNING AT OR AROUND 9:00 A.M.

 

 

ON NOVEMBER 9, 1992, AT THE HILTON HOTEL, DURHAM,

 

 

NORTH CAROLINA, BEFORE CAROLYN R. RICHARDSON, A

 

 

NOTARY PUBLIC.

 

 

THE SIGNATURE OF THE WITNESS TO THE TRANSCRIPT

 

 

OF HER TESTIMONY IS HEREBY REQUIRED.

 

 

- - - - - - - - - - -

 

 

 

 

 

 

WHEREUPON,

 

 

LORI A. SUTTER,

 

 

HAVING BEEN FIRST DULY SWORN,

 

 

WAS EXAMINED AND TESTIFIED

 

 

AS FOLLOWS:

 

 

EXAMINATION BY MS. PONZOLI:

 

 

Q. WOULD YOU STATE YOUR NAME FOR THE RECORD,

 

 

PLEASE?

 

 

A. MY NAME IS LORI ANN SUTTER.

 

 

Q. AND YOUR ADDRESS, MS. SUTTER?

 

 

A. MY CURRENT RESIDENCE IS 201 WYNDFIELD COURT,

 

 

RALEIGH, NORTH CAROLINA.

 

 

Q. AND A -- DO YOU HAVE A BUSINESS ADDRESS, ALSO,

 

 

MS. SUTTER?

MS. SUTTER PAGE 5

 

 

A. I'M CURRENTLY WORKING FOR THE DUKE UNIVERSITY

 

 

WETLAND CENTER.

 

 

Q. ARE YOU GOING TO CONTINUE YOUR EMPLOYMENT WITH THE

 

 

DUKE UNIVERSITY WETLANDS CENTER, MS. SUTTER?

 

 

A. I DON'T ANTICIPATE THAT.

 

 

Q. IS IT REALLY LITERALLY ENDING, ALMOST, EVEN AS WE

 

 

ARE TAKING THIS DEPOSITION?

 

 

A. YES, MA'AM. I'VE ACCEPTED A JOB AND IT HASN'T

 

 

BEGUN, AND FORTUNATELY I'VE BEEN ABLE TO MAINTAIN

 

 

EMPLOYMENT HERE UNTIL THAT JOB BEGINS.

 

 

Q. ALL RIGHT. AND WHOM WILL YOU BE EMPLOYED BY NEXT?

 

 

A. BY THE NORTH CAROLINA DIVISION OF COASTAL

 

 

MANAGEMENT.

 

 

Q. IS THAT A STATE AGENCY?

 

 

A. YES, IT IS.

 

 

Q. AND WHERE ARE THEY LOCATED?

 

 

A. IN RALEIGH.

 

 

Q. DO YOU HAPPEN TO KNOW THE ADDRESS?

 

 

A. NO, I DON'T. I KNOW IT'S IN THE COOPER BUILDING.

 

 

Q. OKAY. IS THERE A PHONE NUMBER WHERE YOU CAN BE

 

 

REACHED?

 

 

A. DAYTIME IS AREA CODE (919) 684---

 

 

Q. RIGHT.

 

 

A. ---2619, EXTENSION 23.

MS. SUTTER PAGE 6

 

 

Q. IS THAT THE DUKE WETLANDS CENTER?

 

 

A. YES, IT IS.

 

 

Q. ALL RIGHT. OKAY. MS. SUTTER, HAVE YOU EVER HAD

 

 

YOUR DEPOSITION TAKEN BEFORE?

 

 

A. NO, I HAVE NOT.

 

 

Q. ALL RIGHT. I AM SUZAN HILL PONZOLI. I'M AN

 

 

ATTORNEY FOR THE UNITED STATES IN A STATE

 

 

ADMINISTRATIVE PROCEEDING THAT IS GOING ON IN

 

 

FLORIDA, WHICH THIS DEPOSITION IS TAKEN IN

 

 

RELATION TO. I'LL BE ASKING YOU A NUMBER OF

 

 

QUESTIONS ABOUT YOUR WORK AT THE DUKE WETLANDS

 

 

CENTER. WHEN I ASK A QUESTION AND YOU ANSWER IT,

 

 

IT IS PRESUMED THAT YOU UNDERSTOOD MY QUESTION.

 

 

SO, IF YOU DON'T UNDERSTAND THE QUESTION, YOU HAVE

 

 

TO INDICATE THAT TO US AND I WILL TRY TO FRAME A

 

 

BETTER QUESTION FOR YOU. BUT, IF YOU ANSWER, THEN

 

 

IT'S ASSUMED THAT YOU UNDERSTOOD AND ARE ANSWERING

 

 

IN RESPONSE TO THAT QUESTION. ARE YOU REPRESENTED

 

 

BY COUNSEL HERE TODAY, MS. SUTTER?

 

 

MR. HYDE: ACTUALLY, SHE'S NOT

 

 

REPRESENTED BY COUNSEL. WE'RE HERE

 

 

TODAY ON BEHALF OF THE RESPONDENTS,

 

 

FLORIDA SUGAR CANE LEAGUE, U.S. SUGAR

 

 

CORPORATION AND NEW HOPE SOUTH, INC.

MS. SUTTER PAGE 7

 

 

Q. (BY MS. PONZOLI) HAVE YOU BEEN PREPARED FOR THIS

 

 

DEPOSITION, MS. SUTTER?

 

 

A. HOW DO YOU MEAN PREPARED?

 

 

Q. HAS SOMEONE TALKED TO YOU ABOUT WHAT THE

 

 

DEPOSITION WOULD BE LIKE?

 

 

A. YES.

 

 

Q. AND WHO DID THAT?

 

 

A. RICK BURGESS.

 

 

Q. ALL RIGHT. AND WHEN DID HE DO THAT?

 

 

A. FRIDAY MORNING.

 

 

Q. HOW LONG DID HE SPEND WITH YOU?

 

 

A. APPROXIMATELY AN HOUR AND A QUARTER, NINETY --

 

 

EIGHTY-FIVE MINUTES, I GUESS---

 

 

Q. CERTAINLY.

 

 

A. ---OR SEVENTY-FIVE?

 

 

Q. RIGHT. AND WHAT DID MR. BURGESS TELL YOU AT THAT

 

 

TIME?

 

 

A. HE WENT THROUGH THE PROCEDURE THAT YOU WOULD BE

 

 

ASKING ME SIMILAR QUESTIONS THAT YOU HAVE, AND

 

 

TOLD ME TO SPEAK HONESTLY, AND ABOUT WHAT I WAS

 

 

CERTAIN OF, AND HE JUST STRESSED THE IMPORTANCE OF

 

 

TELLING THE TRUTH.

 

 

Q. UH-HUH (YES). OKAY.

 

 

A. AND ALSO MR. HYDE MET WITH ME EARLY THIS MORNING

MS. SUTTER PAGE 8

 

 

AND BRIEFED ME VERY SHORTLY OVER BREAKFAST---

 

 

Q. AND WHAT DID HE---

 

 

A. ---BRIEFED MAY HAVE BEEN THE WRONG WORD.

 

 

Q. DID HE ALSO TELL YOU TO TELL THE TRUTH?

 

 

A. YES, HE DID. (LAUGHS.)

 

 

Q. (LAUGHS.) HOW DID I KNOW? ALL RIGHT. YOU HAVE

 

 

BROUGHT DOCUMENTS WITH YOU HERE TODAY. WHO HELPED

 

 

YOU ASSEMBLE THOSE DOCUMENTS?

 

 

A. I ASSEMBLED THE DOCUMENTS MYSELF---

 

 

Q. UH-HUH (YES).

 

 

A. ---I TYPED THE INDEX LIST THAT YOU HAVE THERE WITH

 

 

THE ASSISTANCE OF A FRIEND OF MINE WHO IS NOT IN

 

 

THE PROJECT IN ANY WAY, HE WAS JUST THERE AND

 

 

READING OFF PAGE TITLES TO ME AS I TYPED THEM IN.

 

 

Q. OKAY. YOU'RE INDICATING THAT YOU DID PRODUCE AN

 

 

INDEX OF THE DOCUMENTS THAT YOU HAVE BROUGHT IN

 

 

RESPONSE TO THE UNITED STATES SUBPOENA DUCES

 

 

TECUM?

 

 

A. YES, MA'AM.

 

 

Q. OKAY. CAN YOU IDENTIFY THIS, PLEASE?

 

 

A. THIS IS AN INDEX OR AN INVENTORY OF THE CONTENTS

 

 

OF THE BOX THAT I BROUGHT IN.

 

 

MS. PONZOLI: ALL RIGHT. LET ME

 

 

HAVE HER MARK IT FIRST. I SHOULD HAVE

MS. SUTTER PAGE 9

 

 

HAD HER MARK IT FIRST, AND THEN WE'LL HAVE

 

 

YOU IDENTIFY IT.

 

 

(THEREUPON, THE DOCUMENT REFERRED

 

 

TO BELOW WAS MARKED AS DEPOSITION

 

 

EXHIBIT NO. 1 - LORI A. SUTTER

 

 

DEPOSITION - FOR IDENTIFICATION.)

 

 

Q. (BY MS. PONZOLI) SUTTER ONE, WOULD YOU IDENTIFY

 

 

THAT AGAIN, MS. SUTTER?

 

 

A. YES. THIS IS AN INDEX OF WHAT IS CONTAINED IN THE

 

 

BOX THAT I BROUGHT IN THIS MORNING.

 

 

MS. PONZOLI: WOULD YOU MARK THIS

 

 

FOR IDENTIFICATION, PLEASE?

 

 

(THEREUPON, THE DOCUMENT REFERRED

 

 

TO ABOVE WAS MARKED AS DEPOSITION

 

 

EXHIBIT NO. 2 - LORI A. SUTTER

 

 

DEPOSITION - FOR IDENTIFICATION.)

 

 

Q. (BY MS. PONZOLI) WOULD YOU IDENTIFY THIS, PLEASE,

 

 

MS. SUTTER?

 

 

A. THIS APPEARS TO BE A COPY OF A SUBPOENA THAT I

 

 

RECEIVED. ACTUALLY, THIS IS THE DOCUMENT I

 

 

RECEIVED PRIOR TO MY SUBPOENA, ASKING FOR THE

 

 

DOCUMENTS THAT I HAVE PRODUCED.

 

 

Q. DO YOU HAVE A COPY OF THAT WITH YOU?

 

 

A. NO, I DO NOT.

MS. SUTTER PAGE 10

 

 

MS. PONZOLI: I'D LIKE TO GO THROUGH IT

 

 

WITH YOU. LET ME SEE IF I HAVE AN ADDITIONAL

 

 

COPY, BECAUSE WE NEED TO GO THROUGH THE

 

 

DIFFERENT CATEGORIES, AND MAKE SURE THAT YOU

 

 

HAVE PRODUCED ALL THOSE DOCUMENTS. LET'S GO

 

 

OFF THE RECORD.

 

 

(THEREUPON, THERE WAS AN

 

 

OFF-THE-RECORD DISCUSSION

 

 

WHICH WAS NOT REPORTED

 

 

BY THE COURT REPORTER.)

 

 

MS. PONZOLI: LET'S GO BACK ON THE

 

 

RECORD.

 

 

Q. (BY MS. PONZOLI) MS. SUTTER, I'D LIKE TO IDENTIFY

 

 

THE DOCUMENTS THAT ARE RESPONSIVE TO THE NOTICE

 

 

DUCES TECUM, AND HAVE YOU IDENTIFY AMONG THE

 

 

RECORDS YOU PRODUCED HERE WHICH ONES ARE

 

 

RESPONSIVE TO WHICH REQUEST, BUT WE'LL TRY TO DO

 

 

THIS AS RAPIDLY AS POSSIBLE, AND WE'LL MAKE

 

 

COMPOSITE EXHIBITS OF A LOT OF YOUR -- OF YOUR

 

 

DOCUMENTS.

 

 

A. (NODS AFFIRMATIVELY.)

 

 

Q. THE FIRST IS A COPY OF YOUR CV, OR SIMILAR

 

 

DOCUMENT. CAN YOU---

 

 

A. I HAVE A COPY OF MY RESUME.

MS. SUTTER PAGE 11

 

 

(THEREUPON, THE DOCUMENT REFERRED

 

 

TO BELOW WAS MARKED AS DEPOSITION

 

 

EXHIBIT NO. 3 - LORI A. SUTTER

 

 

DEPOSITION - FOR IDENTIFICATION.)

 

 

Q. (BY MS. PONZOLI) MS. SUTTER, IS SUTTER THREE YOUR

 

 

CV?

 

 

A. YES.

 

 

Q. OKAY. THE SECOND REQUEST IS A LIST OF ALL

 

 

TECHNICAL, PROFESSIONAL OR SCIENTIFIC

 

 

PUBLICATIONS, ETCETERA, THAT IDENTIFY YOU AS AN

 

 

AUTHOR OR CO-AUTHOR RELATED TO EVERGLADES

 

 

RESEARCH. DID YOU PRODUCE A LIST?

 

 

A. YES, I DID.

 

 

(THEREUPON, THE DOCUMENT REFERRED

 

 

TO BELOW WAS MARKED AS DEPOSITION

 

 

EXHIBIT NO. 4 - LORI A. SUTTER

 

 

DEPOSITION - FOR IDENTIFICATION.)

 

 

Q. (BY MS. PONZOLI) IS SUTTER NUMBER FOUR THAT LIST?

 

 

A. YES, IT IS.

 

 

Q. AND THEN A COPY OF THE TECHNICAL, PROFESSIONAL OR

 

 

SCIENTIFIC PUBLICATIONS, ETCETERA, WHICH YOU ARE

 

 

IDENTIFIED AS AN AUTHOR OR CO-AUTHOR, RELATED TO

 

 

EVERGLADES RESEARCH.

 

 

A. PART OF THAT DOCUMENT ARE THE APPENDICES THAT YOU

MS. SUTTER PAGE 12

 

 

ARE HAVING COPIED RIGHT NOW.

 

 

Q. ALL RIGHT. WHEN THE PARALEGAL RETURNS, WE'LL HAVE

 

 

HIM -- WE'LL HAVE HIM PUT THE APPENDICES BACK WITH

 

 

THIS DOCUMENT, AND THIS WILL SIMPLY BE A COMPOSITE

 

 

EXHIBIT, SUTTER NUMBER FIVE.

 

 

(THEREUPON, THE DOCUMENT REFERRED

 

 

TO BELOW WAS MARKED AS DEPOSITION

 

 

EXHIBIT NO. 5 - LORI A. SUTTER

 

 

DEPOSITION - FOR IDENTIFICATION.)

 

 

Q. (BY MS. PONZOLI) IS SUTTER NUMBER FIVE YOUR

 

 

SINGLE PUBLICATION, MS. SUTTER?

 

 

A. YES, IT IS. IT WAS PUBLISHED UNDER -- BOTH AS MY

 

 

THESIS THROUGH THE DUKE SCHOOL OF THE ENVIRONMENT,

 

 

AS WELL AS IN THE ANNUAL REPORT.

 

 

Q. THAT'S THE 1992 ANNUAL REPORT---

 

 

A. YES, MA'AM.

 

 

Q. ---OF THE DUKE WETLAND CENTER?

 

 

A. ALL RIGHT.

 

 

Q. ALL RIGHT. ARE THEY IDENTICAL IN THE ANNUAL

 

 

REPORT AND IN YOUR MASTER'S THESIS AND THE COPY

 

 

THAT WE HAVE BEFORE US?

 

 

A. YES, MA'AM. THERE MAY BE A BIT OF A TYPO HERE AND

 

 

THERE THAT WAS CHANGED.

 

 

Q. OKAY.

††††††††††††⁔䡅剅⁔䡁吠坁匠䍈䅎䝅䐮ഊഊ††††††††††儮†⁏䭁央ഌ

MS. SUTTER PAGE 13

 

 

A. BUT NOTHING OF ANY SUBSTANCE WAS CHANGED.

 

 

Q. THERE ARE NO -- WE SHOULD FIND NO REALLY SENTENCE

 

 

CHANGES OR SUBSTANTIVE CHANGES?

 

 

A. NO, YOU SHOULD NOT.

 

 

Q. ALL RIGHT. AS PART OF REQUEST NUMBER THREE, WAS A

 

 

REQUEST FOR DRAFTS, EDITED COPIES, REVIEWERS'

 

 

COMMENTS ON YOUR PUBLICATIONS. DO YOU HAVE THOSE

 

 

TYPES OF---

 

 

A. I'M SORRY. I APOLOGIZE. I DISCARDED THOSE AT THE

 

 

TIME OF MY GRADUATION, AND I PRODUCED A MEMO

 

 

SAYING THAT I HAD DISCARDED ALL THOSE.

 

 

Q. OKAY.

 

 

A. IF I WOULD HAVE KNOWN THAT IT WOULD HAVE BEEN

 

 

NEEDED AT A LATER TIME, I WOULD HAVE KEPT THEM.

 

 

(THEREUPON, THE DOCUMENT REFERRED

 

 

TO BELOW WAS MARKED AS DEPOSITION

 

 

EXHIBIT NO. 6 - LORI A. SUTTER

 

 

DEPOSITION - FOR IDENTIFICATION.)

 

 

Q. (BY MS. PONZOLI) SUTTER NUMBER SIX IS YOUR

 

 

STATEMENT TO THAT EFFECT. IS THAT ACCURATE?

 

 

A. YES, IT IS.

 

 

Q. OKAY. LET ME ASK YOU THIS, WHO DID REVIEW YOUR

 

 

MASTER'S THESIS AND YOUR ARTICLE PUBLISHED IN THE

 

 

'92 ANNUAL REPORT FOR THE DUKE WETLANDS CENTER?

MS. SUTTER PAGE 14

 

 

A. IT WAS REVIEWED BY DR. CHRISTOPHER CRAFT.

 

 

Q. RIGHT.

 

 

A. AND FINALLY BY DR. CURT RICHARDSON.

 

 

Q. RIGHT.

 

 

A. AND EDITS WERE MADE BY OUR ADMINISTRATIVE

 

 

ASSISTANT TO THE WETLANDS CENTER, AND SHE JUST

 

 

CHANGED PERIODS AND SPACES.

 

 

Q. OKAY. TO THE BEST OF YOUR RECOLLECTION, WHAT WERE

 

 

THE SUBSTANCE OF DR. CRAFT'S EDITORIAL OR REVIEW

 

 

COMMENTS?

 

 

A. MUCH OF IT WAS JUST IN PRESENTATION, IN THE WAY

 

 

THAT I EXPLAINED WHAT I FOUND. AND HE HELPED ME

 

 

TO INTERPRET MY DATA, AS WELL.

 

 

Q. I DON'T KNOW EXACTLY THE TERM, YOU'LL HAVE TO HELP

 

 

ME. THERE'S USUALLY A SUPERVISING PROFESSOR. IS

 

 

THAT THE APPROPRIATE TERM WHEN YOU DO YOUR

 

 

MASTER'S WORK?

 

 

A. AT THE SCHOOL OF THE ENVIRONMENT, WE ARE A

 

 

PROFESSIONAL SCHOOL, AND NOT A -- QUOTE, UNQUOTE

 

 

-- "GRADUATE SCHOOL."

 

 

Q. OKAY. DR. RICHARDSON IS MY ADVISOR. HOWEVER,

 

 

BECAUSE OF MANY OF HIS OBLIGATIONS, HE'S NOT

 

 

AVAILABLE TO GIVE HANDS ON DIRECT DAY-TO-DAY

 

 

ASSISTANCE. AND THAT WAS WHERE DR. CRAFT CAME

MS. SUTTER PAGE 15

 

 

IN, AND I WORKED VERY CLOSELY WITH HIM ON MY

 

 

PROJECT.

 

 

Q. DID YOU WORK CLOSELY WITH DR. CRAFT FROM -- FROM

 

 

THE EXPERIMENTAL DESIGN THROUGH THE WRITING OF

 

 

YOUR MASTER'S THESIS?

 

 

A. YES, I DID.

 

 

Q. DID DR. RICHARDSON REVIEW YOUR EXPERIMENTAL

 

 

DESIGN?

 

 

A. YES, HE DID.

 

 

Q. OKAY. DO YOU REMEMBER ANY PARTICULAR SUBSTANTIVE

 

 

SUGGESTIONS BY DR. CRAFT ON YOUR EXPERIMENTAL

 

 

DESIGN?

 

 

A. WE HASHED OUT HOW MANY TREATMENTS I WOULD HAVE AND

 

 

HOW MANY DEPTHS, WHICH, OF COURSE, WAS LIMITED BY

 

 

WHAT WAS PHYSICALLY POSSIBLE, GIVEN OUR GREENHOUSE

 

 

AND WHAT MATERIALS WE HAD AVAILABLE TO US.

 

 

Q. WERE THOSE LIMITATIONS SPACE YOU'RE TALKING ABOUT

 

 

LARGELY?

 

 

A. YES, MA'AM. WE HAD A SPACE, AS WELL AS JUST

 

 

CONSTRUCTIONARY -- OF HOW -- FOR EXAMPLE, HOW DEEP

 

 

THESE WATER TREATMENTS COULD BE.

 

 

Q. WHAT WAS THE CONSTRAINT ON DEPTH?

 

 

A. JUST THE SIZE OF THE CONTAINER THAT I COULD -- A

 

 

WATERTIGHT CONTAINER THAT I COULD FIND.

MS. SUTTER PAGE 16

 

 

Q. SO, IT WAS REALLY CONSTRAINED BY WHAT YOU WERE

 

 

ABLE TO FIND ON THE OPEN MARKET AVAILABLE, FOR HOW

 

 

DEEP YOU WERE ABLE TO MAKE?

 

 

A. YES, MA'AM.

 

 

Q. AND WHAT DID YOU FIND? I MEAN, WHERE DID YOU

 

 

LOCATE YOUR -- IS IT TUBS? WOULD THAT BE A FAIR

 

 

TERM?

 

 

A. YES.

 

 

Q. ALL RIGHT. WHERE DID YOU LOCATE YOUR TUBS?

 

 

A. I THINK I PURCHASED THEM BETWEEN ROSE'S, WAL-MART

 

 

AND K-MART, THOSE KIND OF STORES.

 

 

Q. DO YOU REMEMBER THE SUBSTANCE OF ANY OF DR.

 

 

RICHARDSON'S SUGGESTIONS IN REGARD TO YOUR

 

 

EXPERIMENTAL DESIGN?

 

 

A. NO. LIKE I SAID, WE JUST HASHED OUT AND CAME UP

 

 

WITH THE DESIGN THAT WE CAME UP WITH.

 

 

Q. OKAY. LET ME ASK YOU THIS, IN REGARD TO THE

 

 

CONCENTRATION LIMITS THAT YOU CHOSE, WHOSE

 

 

DECISION WAS THAT?

 

 

A. ALL THREE OF OURS.

 

 

Q. ALL RIGHT. I THINK I'LL RETURN TO THAT MORE WHEN

 

 

I TALK ABOUT HOW YOU SET UP YOUR EXPERIMENT. WERE

 

 

THERE OTHER MEMBERS OF YOUR MASTER'S COMMITTEE,

 

 

OTHER THAN DR. RICHARDSON AND DR. CRAFT?

MS. SUTTER PAGE 17

 

 

A. NO, MA'AM.

 

 

Q. OKAY. IS THAT COMMON IN THE ENVIRONMENTAL SCHOOL?

 

 

A. YES.

 

 

Q. DID YOU HAVE TO DEFEND YOUR THESIS?

 

 

A. NO, I DID NOT.

 

 

Q. AND DO YOU HAVE PLANS TO PUBLISH YOUR MASTER'S

 

 

THESIS?

 

 

A. YES, I DO.

 

 

Q. WHERE?

 

 

A. I HAVE NOT DECIDED THAT AT THIS TIME.

 

 

Q. HAVE YOU SUBMITTED YOUR PAPER---

 

 

A. NO, I HAVE NOT.

 

 

Q. ---FOR CONSIDERATION?

 

 

A. NO, MA'AM.

 

 

Q. ALL RIGHT, WHY NOT?

 

 

A. BECAUSE AS A MASTER'S PROJECT, IT'S TOO LONG FOR

 

 

PUBLICATION. IT NEEDS TO BE REVISED.

 

 

Q. WHAT ARE THE TYPES OF OPPORTUNITIES THAT YOU WOULD

 

 

HAVE FOR PUBLICATION? DO YOU UNDERSTAND MY

 

 

QUESTION?

 

 

A. NO, I DO NOT.

 

 

Q. OKAY. WHAT TYPES OF PUBLICATIONS WOULD BE

 

 

INTERESTED IN PUBLISHING SUCH A MASTER'S THESIS?

 

 

DO YOU UNDERSTAND THAT QUESTION?

MS. SUTTER PAGE 18

 

 

A. YES, I DO.

 

 

Q. ALL RIGHT.

 

 

A. AT BEST, I THINK WOULD BE A JOURNAL SUCH AS

 

 

AQUATIC BOTANY.

 

 

Q. UH-HUH (YES).

 

 

A. MORE REALISTICALLY, I THINK A JOURNAL SUCH AS

 

 

WETLANDS WOULD BE APPROPRIATE.

 

 

Q. ALL RIGHT. IS WETLANDS AN EASIER PUBLICATION TO

 

 

BE PUBLISHED IN THAN AQUATIC BOTANY?

 

 

A. I DON'T KNOW IF IT'S EASIER.

 

 

Q. RIGHT.

 

 

A. THE WORK THAT I DID IS MORE ALONG THE LINES OF

 

 

WHAT I THINK WETLANDS PUBLISHES MORE.

 

 

Q. OKAY, WHAT IS AQUATIC BOTANY INTERESTED IN?

 

 

A. I'M NOT AN EXPERT ON THE SUBJECT---

 

 

Q. RIGHT.

 

 

A. ---BUT I THINK THEY ARE MORE INTERESTED IN

 

 

THEORETICAL RESEARCH, AND DEFINITELY FIELD

 

 

RESULTS.

 

 

Q. AND WHAT IS WETLANDS INTERESTED IN, TO THE BEST OF

 

 

YOUR UNDERSTANDING?

 

 

A. TO THE BEST OF MY UNDERSTANDING, I BELIEVE THEY

 

 

ARE MORE -- I BELIEVE THEY ARE MORE INTERESTED IN

 

 

APPLIED RESEARCH AND PRACTICAL APPLICATIONS.

MS. SUTTER PAGE 19

 

 

Q. WHAT ARE THE LIMITS THAT YOU UNDERSTAND, THE PAGE

 

 

LIMITS ON PUBLICATION IN WETLANDS?

 

 

A. I HAVE NO IDEA.

 

 

Q. OKAY. WHY DO YOU BELIEVE THAT YOURS IS TOO LONG

 

 

AT PRESENT?

 

 

A. BECAUSE WHEN YOU READ ARTICLES, THEY ARE ALL MUCH

 

 

SHORTER THAN WHAT I HAVE AT THIS TIME, AND IT'S

 

 

JUST GENERAL -- GENERALLY ACCEPTED THAT YOUR

 

 

JOURNAL PUBLICATIONS ARE CONCISE VERSIONS OF YOUR

 

 

MASTER'S WORK.

 

 

Q. OKAY. WHEN DID YOU FINISH THIS MASTER'S THESIS?

 

 

A. MY DATE OF GRADUATION IS SEPTEMBER 1, '92.

 

 

Q. HAS DR. RICHARDSON GIVEN YOU ANY ADVICE ON

 

 

PUBLISHING IT?

 

 

A. HE HAS MENTIONED THAT IT WOULD -- THAT IT IS

 

 

PUBLISHABLE. BUT AS TO ADVICE AS TO WHERE, IS

 

 

THAT WHAT YOU'RE ASKING?

 

 

Q. YES, MA'AM.

 

 

A. NO, MA'AM, HE HAS NOT.

 

 

Q. HAS HE ENCOURAGED YOU TO PUBLISH IT?

 

 

A. YES, HE HAS.

 

 

Q. DID HE ADVISE YOU TO APPLY OR SUBMIT IT FOR

 

 

CONSIDERATION TO WETLANDS?

 

 

A. I DON'T THINK DIRECTLY. I THINK I ASKED HIM IF IT

MS. SUTTER PAGE 20

 

 

WAS PUBLISHABLE IN WETLANDS AND HE SAID IT WAS --

 

 

HE THOUGHT THAT IT WAS.

 

 

Q. OKAY. IS THERE NORMALLY AN EFFORT TO GET A PAPER

 

 

SUCH AS THIS PUBLISHED BY THE DUKE WETLANDS

 

 

CENTER?

 

 

A. I DON'T KNOW ABOUT THE DUKE WETLAND CENTER.

 

 

Q. HOW LONG WERE YOU WITH THEM?

 

 

A. TWO YEARS.

 

 

Q. OKAY. IS THERE ENCOURAGEMENT AT THE DUKE WETLANDS

 

 

CENTER TO PUBLISH?

 

 

A. I'M NOT FAMILIAR WITH ANY ENCOURAGEMENT FROM THE

 

 

CENTER ITSELF TO PUBLISH.

 

 

Q. WELL, IS THE CENTER -- DOESN'T THE CENTER LARGELY

 

 

CONSIST OF DR. RICHARDSON, DR. CRAFT---

 

 

A. AND DR. QUALLS.

 

 

Q. DR. QUALLS?

 

 

A. YES, MA'AM, AND DR. VYMAZAL IS ALSO -- THERE'S

 

 

JUST A GENERAL DESIRE IN ACADEMIA TO PUBLISH---

 

 

Q. RIGHT.

 

 

A. ---AND I DON'T KNOW -- I DON'T BELIEVE THAT MY

 

 

ENCOURAGEMENT TO PUBLISH HAS COME FROM THE CENTER

 

 

MORE SO THAN JUST MYSELF. AND JUST IN WORKING

 

 

WITH THESE PEOPLE, THAT'S KIND OF A GENERAL GOAL

 

 

THAT YOU WORK TOWARDS.

MS. SUTTER PAGE 21

 

 

Q. BUT THERE'S NO REQUIREMENT THAT YOU MAKE AN EFFORT

 

 

TO PUBLISH YOUR MASTER'S---

 

 

A. NO, MA'AM.

 

 

Q. ---THESIS?

 

 

A. THERE IS NOT.

 

 

Q. IS THAT UNIQUE TO THE DUKE WETLANDS CENTER?

 

 

A. THE SCHOOL OF THE ENVIRONMENT DOES NOT REQUIRE

 

 

PUBLICATION OF YOUR MASTER'S.

 

 

Q. OKAY. DOES THE SCHOOL OF THE ENVIRONMENT

 

 

ENCOURAGE ITS GRADUATE STUDENTS TO PUBLISH THEIR

 

 

THESES?

 

 

A. YES, IT DOES.

 

 

Q. DO YOU HAVE PLANS TO SHORTEN YOUR PRESENT MASTER'S

 

 

THESIS AND SUBMIT IT TO WETLANDS OR ANY OTHER

 

 

PUBLICATION?

 

 

A. I HAVE PLANS TO REVISE IT AND TO SHORTEN THE

 

 

LENGTH, YES, BUT NOT TO SHORTEN THE CONTENT.

 

 

Q. OKAY. IF YOU ARE GOING TO REVISE IT, WHAT ARE

 

 

YOUR PLANS TO REVISE IT?

 

 

A. IT'S HARD FOR ME TO SAY AT THIS TIME. I HAVEN'T

 

 

REALLY LOOKED AT THE DOCUMENT SINCE I FINISHED.

 

 

Q. UH-HUH (YES).

 

 

A. IT'S BEEN KIND OF SOMETHING I'VE SET ASIDE TO TAKE

 

 

A BREAK FROM.

MS. SUTTER PAGE 22

 

 

Q. OKAY. HOW LONG DID YOU WORK ON THIS PAPER?

 

 

A. OH, I WORKED ON THE ACTUAL WRITING, I WROTE ON AND

 

 

OFF WITHIN THE LAST EIGHTEEN MONTHS, SOMETIMES

 

 

MORE INTENSIVELY THAN OTHERS.

 

 

Q. OKAY. HAS DR. CRAFT ENCOURAGED YOU TO SUBMIT IT

 

 

FOR PUBLICATION?

 

 

A. YES, HE HAS.

 

 

Q. OKAY. SO THE REVISING, YOU'RE ONLY TALKING ABOUT

 

 

SHORTENING IT, OR ARE YOU TALKING ABOUT CHANGING

 

 

SOME OF YOUR ANALYSIS?

 

 

A. I DON'T CURRENTLY HAVE PLANS TO CHANGE ANY OF MY

 

 

ANALYSES---

 

 

Q. DO YOU THINK YOU MIGHT?

 

 

A. ---BUT I'M NOT SAYING THAT WON'T HAPPEN. I DON'T

 

 

KNOW.

 

 

Q. WHAT WOULD CAUSE YOU TO HAVE PLANS TO CHANGE YOUR

 

 

ANALYSIS?

 

 

A. IF WE SEE SOMETHING FROM A DIFFERENT PERSPECTIVE.

 

 

Q. WHAT WOULD YOU SEE FROM A DIFFERENT PERSPECTIVE?

 

 

A. I DON'T KNOW AT THIS TIME.

 

 

Q. WHAT'S GOING ON THAT MIGHT GIVE YOU A DIFFERENT

 

 

PERSPECTIVE?

 

 

A. WE MAY RUN DIFFERENT STATISTICS, FOR EXAMPLE, ON

 

 

THE SOILS THAT I RAN VERY FEW STATISTICS ON.

MS. SUTTER PAGE 23

 

 

Q. PRIOR TREATMENT OR POST TREATMENT OR BOTH?

 

 

A. BOTH.

 

 

Q. WHO HAS SUGGESTED THIS TO YOU?

 

 

A. THAT WAS JUST AN EXAMPLE THAT I CAME UP WITH.

 

 

Q. HAVE YOU EVER DISCUSSED DOING MORE STATISTICS ON

 

 

THE SOILS WITH DR. CRAFT?

 

 

A. NO, I HAVE NOT.

 

 

Q. HAVE YOU EVER DISCUSSED IT WITH DR. RICHARDSON?

 

 

A. NO, I HAVE NOT.

 

 

Q. OKAY.

 

 

A. THIS IS JUST SPECULATION.

 

 

Q. WHY DID YOU THINK THAT THIS MIGHT BE SOMETHING

 

 

THAT'S NECESSARY?

 

 

A. BECAUSE, AS I MENTIONED, THAT WAS NOT SOMETHING I

 

 

RAN A GREAT DEAL OF STATISTICS ON EARLY.

 

 

Q. WHAT -- AND I -- I GUESS WHAT I'M DRIVING AT IS

 

 

WHERE -- WHERE DID THIS PARTICULAR DEFICIT COME TO

 

 

YOUR ATTENTION?

 

 

A. I DON'T BELIEVE IT'S A DEFICIT AT THIS POINT---

 

 

Q. UH-HUH (YES).

 

 

A. ---YOU ASKED FOR AN EXAMPLE WHERE I MIGHT SEE

 

 

SOMEWHERE TO CHANGE IT. I THINK THAT WE HAVE

 

 

LOOKED AT EVERY PERSPECTIVE FOR THE VEGETATION.

 

 

Q. UH-HUH (YES).

MS. SUTTER PAGE 24

 

 

A. AND I HAVE NOT LOOKED AT MY SOILS IN AS GREAT A

 

 

DETAIL AS I LOOKED AT MY VEGETATION.

 

 

Q. OKAY. ARE YOU AWARE OF THE ONGOING RESEARCH OF

 

 

THE DUKE WETLANDS CENTER IN THE EVERGLADES?

 

 

A. YES, I AM.

 

 

Q. ALL RIGHT. ARE YOU FOLLOWING THAT?

 

 

A. WHAT DO MEAN BY FOLLOWING?

 

 

Q. ARE YOU KEEPING TRACK OF WHAT'S GOING ON IN THAT

 

 

PARTICULAR RESEARCH?

 

 

A. NOT CLOSELY.

 

 

Q. OKAY. WHAT WORK ARE YOU ACTUALLY PRESENTLY

 

 

PERFORMING FOR THE DUKE WETLANDS CENTER?

 

 

A. I AM, I GUESS, DR. CRAFT'S ASSISTANT.

 

 

Q. AND WHAT DO YOU PER -- WHAT DO YOU DO FOR

 

 

DR. CRAFT?

 

 

A. I ENTER DATA INTO THE COMPUTER.

 

 

Q. OKAY.

 

 

A. I RUN STATISTICAL ANALYSES ON THAT DATA. I

 

 

PRODUCE GRAPHS UNDER HIS SUPERVISION, SLIDES.

 

 

Q. ANYTHING ELSE?

 

 

A. I DO ANYTHING HE ASKS ME TO---

 

 

Q. SURE. SURE.

 

 

A. ---WITHIN THE REALM OF THE PROJECT. THOSE ARE THE

 

 

THINGS I SPEND MY GREATEST TIME DOING.

MS. SUTTER PAGE 25

 

 

Q. OKAY. WHICH PARTICULAR PROJECTS ARE YOU ENTERING

 

 

DATA AND RUNNING STATISTICAL ANALYSIS ON,

 

 

ETCETERA?

 

 

A. DR. CRAFT'S FERTILIZER STUDY.

 

 

Q. OKAY. HIS FERTILIZER STUDY?

 

 

A. YES.

 

 

Q. IS THAT IT?

 

 

A. YES.

 

 

Q. ALL RIGHT. HAVE YOU DONE ANY WORK ON THE DOSING

 

 

STUDY?

 

 

A. NO, I HAVE NOT.

 

 

Q. ARE YOU FAMILIAR WITH THE WORK THAT'S BEING DONE

 

 

ON THE DOSING STUDY?

 

 

A. I'M FAMILIAR THAT THERE IS SOME WORK GOING ON

 

 

WITH THE DOSING STUDY. I HAVE NEVER WORKED ON

 

 

IT.

 

 

Q. ALL RIGHT. DO YOU HAVE A TIME FRAME THAT YOU

 

 

BELIEVE THAT YOU WOULD SUBMIT THIS PAPER FOR

 

 

PUBLICATION TO WETLANDS? HAVE YOU SET ANY GOAL

 

 

IN YOUR MIND?

 

 

A. I HAVE NOT, BUT I PROBABLY WILL DO IT BY MID '93.

 

 

Q. ALL RIGHT. THE NEXT AREA UNDER THE NOTICE DUCES

 

 

TECUM WAS ALL DOCUMENTS RELATING TO RESEARCH DONE

 

 

IN CONJUNCTION WITH OR UNDER THE DIRECTION OF DR.

MS. SUTTER PAGE 26

 

 

RICHARDSON AND/OR THE DUKE WETLANDS CENTER, AND I

 

 

ASSUME THAT SORT OF GENERIC REQUEST COVERS

 

 

EVERYTHING---

 

 

A. YES.

 

 

Q. ---ELSE THAT YOU'VE BROUGHT THIS MORNING?

 

 

A. YES.

 

 

Q. ALL RIGHT.

 

 

MS. PONZOLI: DO YOU WANT TO MARK THIS

 

 

FOR IDENTIFICATION?

 

 

(THEREUPON, THE DOCUMENT REFERRED

 

 

TO BELOW WAS MARKED AS DEPOSITION

 

 

EXHIBIT NO. 7 - LORI A. SUTTER

 

 

DEPOSITION - FOR IDENTIFICATION.)

 

 

MS. PONZOLI: LET'S GO OFF THE RECORD.

 

 

(THEREUPON, THERE WAS AN

 

 

OFF-THE-RECORD DISCUSSION

 

 

WHICH WAS NOT REPORTED

 

 

BY THE COURT REPORTER.)

 

 

MS. PONZOLI: I'D LIKE THE RECORD TO

 

 

REFLECT THAT WE ARE RETURNING THE APPENDICES

 

 

TO YOUR PUBLICATION AT THIS TIME, AND WE'LL

 

 

ADD THEM AT THE APPROPRIATE PLACE.

 

 

WITNESS: THEY JUST GO RIGHT -- RIGHT

 

 

BEHIND THAT.

MS. SUTTER PAGE 27

 

 

MS. PONZOLI: WHICH IS EXHIBIT --

 

 

DOCUMENT EXHIBIT NUMBER FIVE. AND THE

 

 

APPENDICES WE'LL RETURN TO LATER TO DISCUSS

 

 

IN MORE DETAIL.

 

 

Q. (BY MS. PONZOLI) OKAY. I WOULD LIKE TO HAND YOU

 

 

SUTTER NUMBER SEVEN AND ASK YOU IF YOU CAN

 

 

IDENTIFY THAT, MS. SUTTER.

 

 

A. THIS IS A COPY OF THE ABSTRACT THAT I SUBMITTED TO

 

 

THE SOCIETY OF WETLANDS SCIENTISTS 13TH ANNUAL

 

 

MEETING IN NEW ORLEANS.

 

 

Q. ALL RIGHT. DESCRIBING YOUR PAPER THAT WE'VE BEEN

 

 

DISCUSSING?

 

 

A. YES, MA'AM, THE PRESENTATION THAT I WOULD MAKE ON

 

 

THAT PAPER.

 

 

Q. OKAY. AND TELL ME, THE PURPOSE OF AN ABSTRACT IS

 

 

TO DO WHAT?

 

 

A. IT IS A SUMMARY OF WHAT, IN THIS CASE, I'M

 

 

REPRESENTING, SO THAT PEOPLE DON'T HAVE TO READ

 

 

THE WHOLE DOCUMENT.

 

 

Q. AND DO YOU THINK THAT YOUR ABSTRACT ACCURATELY

 

 

SUMMARIZES YOUR PAPER?

 

 

A. VERY, VERY CONCISELY, YES.

 

 

Q. I THINK WHAT I'D LIKE TO DO, MS. SUTTER, SINCE

 

 

DOCUMENT REQUEST NUMBER FOUR IS SO GENERIC AND

MS. SUTTER PAGE 28

 

 

WOULD ENCOMPASS VIRTUALLY EVERYTHING THAT YOU HAVE

 

 

BEFORE US IN YOUR DOCUMENTS, I THINK WE'LL READ ON

 

 

THE THROUGH THE REST OF THE REQUESTS, AND IF WE'RE

 

 

ABLE TO ISOLATE CATEGORIES OF DOCUMENTS A LITTLE

 

 

MORE PRECISELY, LET'S -- LET'S ISOLATE THOSE,

 

 

IDENTIFY THOSE, AND THEN WE'LL JUST SORT OF HAVE A

 

 

GENERIC GROUP AT THE END.

 

 

A. (NODS AFFIRMATIVELY).

 

 

Q. I THINK NUMBER FIVE, AGAIN, IS PROBABLY FAIRLY

 

 

GENERIC. WOULD YOU AGREE WITH ME, ALL DOCUMENTS

 

 

RELATING TO RESEARCH DONE IN THE EVERGLADES

 

 

PROTECTION AREA, OR EVERGLADES AGRICULTURAL AREA?

 

 

A. YES. I DID NOT DO ANY INDEPENDENT RESEARCH IN

 

 

THOSE AREAS.

 

 

Q. OKAY. AND THEN NUMBER SIX WOULD ONLY SEND US BACK

 

 

TO ALL DOCUMENTS RELATING TO YOUR PARTICULAR

 

 

PAPER, WOULDN'T IT?

 

 

A. (NODS AFFIRMATIVELY) YES.

 

 

MS. PONZOLI: ALL RIGHT. NUMBER SEVEN,

 

 

HOWEVER, IS ALL DATA, WHETHER USED OR NOT,

 

 

COLLECTED AS PART OF THE STUDY OF THE --

 

 

OF THE EVERGLADES PROTECTION AREA OR THE

 

 

EVERGLADES AGRICULTURAL AREA, AND IT

 

 

INCLUDES -- INCLUDED PUBLISHED DATA, MEAN

MS. SUTTER PAGE 29

 

 

DATA, AND RAW DATA. I THINK WHAT I'D LIKE TO

 

 

ASK YOU TO DO, IS IF YOU WOULD JUST TAKE A

 

 

FEW MOMENTS OFF THE RECORD, AND KIND OF

 

 

ORGANIZE INTO -- INTO SOME USEFUL MANNER YOUR

 

 

DATA THAT YOU'VE PRODUCED BEFORE US TODAY,

 

 

AND THEN LET'S IDENTIFY IT AND ENTER IT INTO

 

 

THE RECORD. OKAY?

 

 

MS. PONZOLI: LET'S GO OFF THE

 

 

RECORD, NOW.

 

 

(THEREUPON, THERE WAS AN

 

 

OFF-THE-RECORD DISCUSSION

 

 

WHICH WAS NOT REPORTED

 

 

BY THE COURT REPORTER.)

 

 

(THEREUPON, THE DOCUMENTS REFERRED

 

 

TO BELOW WERE MARKED AS DEPOSITION

 

 

EXHIBIT NOS. 8-29 - LORI A. SUTTER

 

 

DEPOSITION - FOR IDENTIFICATION.)

 

 

MS. PONZOLI: ALL RIGHT. I'D LIKE TO

 

 

GO BACK ON THE RECORD.

 

 

Q. (BY MS. PONZOLI) MS. SUTTER, WE HAVE CATEGORIES,

 

 

WELL, FOUR THROUGH THIRTEEN, AND WE'VE TAGGED

 

 

AS COMPOSITE EXHIBITS THE REMAINDER OF THE

 

 

DOCUMENTS THAT YOU'VE PRODUCED TODAY, AND IN

 

 

TAGGING THEM, IT APPEARS TO ME -- AND I'LL ASK

MS. SUTTER PAGE 30

 

 

YOU TO CONFIRM -- WE'VE TAGGED DATA, WE'VE TAGGED

 

 

WHAT WOULD BE THE EQUIVALENT OF FIELD NOTES, OR

 

 

LABORATORY NOTES, I SUPPOSE, SLIDES, ETCETERA.

 

 

IS THAT ACCURATE?

 

 

A. YES, IT IS.

 

 

Q. ALL RIGHT. THEN WHAT I'M GOING TO ASK YOU TO DO

 

 

IS JUST TO GO THROUGH AND, AS WE COME TO EACH

 

 

COMPOSITE EXHIBIT, TELL US WHAT THE COMPOSITE

 

 

EXHIBIT IS. AND IF THERE ARE DIFFERENT DOCUMENTS

 

 

THAT REALLY AREN'T ALL -- LET'S SAY, FOR EXAMPLE,

 

 

YOUR PHOSPHORUS DATA FROM A PARTICULAR PART OF THE

 

 

EXPERIMENT, BUT THEY FALL INTO A LITTLE DIFFERENT

 

 

CATEGORY, I WOULD ASK YOU TO PENCIL NUMBER THE

 

 

PAGES AND TELL US, SUTTER DOCUMENT ELEVEN, FOR

 

 

EXAMPLE, PAGES ONE THROUGH FIVE ARE SUCH AND SUCH,

 

 

AND PAGES SIX THROUGH ELEVEN ARE SUCH AND SUCH, SO

 

 

THAT WHEN WE GO BACK AND LOOK AT YOUR DEPOSITION

 

 

AND LOOK AT YOUR EXHIBITS, WE WILL KNOW WHAT WE

 

 

WERE LOOKING AT. OKAY?

 

 

A. OKAY.

 

 

Q. THANK YOU. CAN YOU PLEASE IDENTIFY FOR ME SUTTER

 

 

EXHIBIT EIGHT?

 

 

A. SUTTER EXHIBIT EIGHT IS WHAT I CALL ORGANIZATIONAL

 

 

INFORMATION SHOWING MY DESIGN, WHICH POTS WERE

MS. SUTTER PAGE 31

 

 

PLACED IN -- WHICH -- WHICH PLANTS WERE PLACED IN

 

 

WHICH POTS, WHICH WERE PLACED IN WHICH TUBS, AND

 

 

WHAT TREATMENT THOSE TUBS WERE KEPT AT.

 

 

Q. DOES THIS INCLUDE YOUR EXPERIMENTAL DESIGN?

 

 

A. TO SOME DEGREE. IT'S LAID OUT SIMILAR TO MY

 

 

DESIGN, YES.

 

 

Q. ARE THERE DOCUMENTS THAT REFLECT YOUR EXPERIMENTAL

 

 

DESIGN MORE ACCURATELY AMONG THE DOCUMENTS WE HAVE

 

 

HERE?

 

 

A. I BELIEVE THAT APPENDIX NINE IN MY PAPER IS MORE

 

 

EASILY UNDERSTOOD, FROM MY EXPERIMENTAL DESIGN.

 

 

Q. AND IT IS THE ACCURATE DESIGN FOR HOW YOUR

 

 

EXPERIMENT WAS ACTUALLY CARRIED OUT?

 

 

A. YES.

 

 

Q. THESE BEING PERHAPS IN SOME CASES EARLIER

 

 

DRAFTS---

 

 

A. YES.

 

 

Q. ---OF WHAT YOU INTENDED TO DO?

 

 

A. YES.

 

 

Q. IS THERE ANYTHING ELSE IN SUTTER COMPOSITE EXHIBIT

 

 

EIGHT?

 

 

A. YES, THERE IS. THERE ARE MY -- THE DIFFERENT

 

 

PARAMETERS THAT I MEASURED IN MY SAW -- IN MY

 

 

GREENHOUSE EXPERIMENT ARE PENCILED IN ON THESE

MS. SUTTER PAGE 32

 

 

PAGES, THAT WERE LATER TYPED IN AND AGAIN

 

 

PRESENTED IN THE APPENDICES. THIS WAS JUST FOR MY

 

 

UNDERSTANDING PRIOR TO PUTTING IT TOGETHER IN THE

 

 

APPENDIX. AND, AGAIN, ANOTHER PAGE OF JUST

 

 

ORGANIZATIONAL DATA THAT HELPED ME TO UNDERSTAND

 

 

WHAT WAS GOING ON.

 

 

Q. OKAY. CAN YOU IDENTIFY SUTTER NUMBER NINE,

 

 

COMPOSITE EXHIBIT NUMBER NINE?

 

 

A. YES. THESE ARE WHAT I CALL MY MASTER DATA FILES,

 

 

AND I -- I HAVE -- AGAIN, I HAVE THEM BROKEN OUT

 

 

IN EACH OF THE APPENDICES AS TO WHAT THEY WERE

 

 

LOOKING -- AT WHAT EACH APPENDIX WAS REFERRING TO.

 

 

BUT I HAVE THEM ALL IN ONE MASTER DATA SET THAT

 

 

ARE SHOWN HERE.

 

 

Q. ALL RIGHT. I'M NOT A SCIENTIST, SO YOU'LL HAVE TO

 

 

EXCUSE ME. ARE THESE RAW DATA THAT WE'RE LOOKING

 

 

AT HERE?

 

 

A. THESE ARE RAW CORRECTED DATA. WHEN MY SAMPLES

 

 

WERE ANALYZED, THE TECHNICIAN OR MYSELF CAME UP

 

 

WITH A NUMBER. HOWEVER, THOSE SOMETIMES ARE

 

 

CORRECTED FOR YOUR QA/QC'S OR -- OR CORRECTED OUT

 

 

FOR ANY -- ANY BLANKS, OR NON-SUBSTANTIAL -- I

 

 

DON'T KNOW HOW TO EXPLAIN IT -- BLANKS -- AS IN

 

 

JUST RUNNING A SAMPLE WITHOUT -- THAT YOU KNOW HAS

MS. SUTTER PAGE 33

 

 

NO PHOSPHOROUS, HOWEVER -- FOR EXAMPLE, PHOSPHORUS

 

 

OR NITROGEN, OR WHATEVER I WAS RUNNING AT THE

 

 

TIME. IF YOU KNOW IT HAS NOTHING OR SIMILAR TO

 

 

NOTHING, YET, IF FOR SOME REASON YOUR MACHINE

 

 

PICKED UP A SMALL AMOUNT, THAT WOULD BE SUBTRACTED

 

 

OUT FROM ALL OF YOUR SAMPLES. THAT'S THE

 

 

DIFFERENCE BETWEEN CORRECTED AND UNCORRECTED, IN

 

 

MY UNDERSTANDING.

 

 

Q. ALL RIGHT. AND THEN DO WE HAVE YOUR UNCORRECTED

 

 

DATA ANYWHERE?

 

 

A. I DO NOT HAVE MY UNCORRECTED DATA.

 

 

Q. OKAY.

 

 

A. THOSE WERE ALL CORRECTED---

 

 

Q. ALL RIGHT.

 

 

A. ---BEFORE I LOOKED AT THEM.

 

 

Q. ALL RIGHT. AND YOUR TECHNICIAN DID THAT, OR YOU

 

 

DID IT, OR BOTH?

 

 

A. I DON'T RECALL EVER HAVING TO DO THAT.

 

 

Q. OKAY. WHO WAS YOUR TECHNICIAN?

 

 

A. I WAS MY OWN TECHNICIAN FOR MANY OF THE ANALYSES.

 

 

I BELIEVE CELIA BEST RAN MY PHOSPHATES ON THE

 

 

TRAACS.

 

 

Q. NOW, BECAUSE I'M NOT A SCIENTIST AND I HAVEN'T

 

 

LOOKED AT YOUR -- WELL, YOUR APPENDIX WAS NOT

MS. SUTTER PAGE 34

 

 

AVAILABLE TO US UNTIL YOU BROUGHT IT TO US THIS

 

 

MORNING, IS THAT IN THE SAME FORM AS THIS, OR IS

 

 

IT MEAN DATA, OR---

 

 

A. IT'S IN THE SAME FORM.

 

 

Q. RIGHT.

 

 

A. THE FORMAT OF THE PRESENTATION---

 

 

Q. RIGHT.

 

 

A. ---IS A BIT DIFFERENT.

 

 

Q. OKAY. IS THERE ANYTHING ELSE IN THERE?

 

 

A. NOT IN EXHIBIT NINE.

 

 

Q. ALL RIGHT. WOULD YOU PLEASE IDENTIFY SUTTER

 

 

EXHIBIT NUMBER TEN FOR ME?

 

 

A. SUTTER TEN HAS IN IT---

 

 

Q. OH, I'M SORRY, SUTTER TEN.

 

 

A. ---HAS A DIGEST PROCEDURE WHICH WAS NOT USED IN MY

 

 

STUDY. IT WAS JUST FOR REFERENCE OF ANOTHER

 

 

METHOD. AND THEN ALL OF THE HAND SHEETS THAT I

 

 

WROTE OUT WEIGHTS OF MY SAMPLES. AND, AGAIN, THIS

 

 

WAS PRIOR TO TYPING THEM INTO THE LAST FOLDER THAT

 

 

YOU SAW ANY PHOSPHORUS CONCENTRATIONS, OR I

 

 

BELIEVE THAT ALL I HAVE IN HERE IS MASS AND

 

 

PHOSPHORUS, DRY WEIGHT OR MASS, WHICH YOU WILL SEE

 

 

IT, AND PHOSPHORUS CONCENTRATION.

 

 

Q. ALL RIGHT. WOULD YOU PLEASE IDENTIFY SUTTER

MS. SUTTER PAGE 35

 

 

COMPOSITE EXHIBIT NUMBER ELEVEN, PLEASE?

 

 

A. NUMBER ELEVEN IS ENTITLED "DIGESTION RESULTS."

 

 

IN IT, I HAVE THE NATIONAL BUREAU OF STANDARDS

 

 

STANDARD LEVELS OF NUTRIENTS AND THE STANDARDS

 

 

THAT I USED, AND THEN RESULTS FROM THE MANY RUNS

 

 

OF ITEMS IN MY GREENHOUSE STUDY.

 

 

Q. ALL RIGHT. SUTTER COMPOSITE EXHIBIT NUMBER

 

 

TWELVE?

 

 

A. THESE ARE OVERHEADS AND THE GRAPHS THAT I USED TO

 

 

PRODUCE THE OVERHEADS FOR MY MASTER'S PROJECT

 

 

PRESENTATION THAT I DID TO CLASSMATES. THIS WAS

 

 

NOT BASED ON FINAL DATA.

 

 

Q. WOULD THERE BE SOME DIFFERENCES WITH YOUR FINAL

 

 

DATA FROM---

 

 

A. I DON'T BELIEVE SO.

 

 

Q. ---WHAT WAS REFLECTED THERE?

 

 

A. HOWEVER, THIS WAS PRESENTED IN MARCH OR APRIL; AND

 

 

I DON'T BELIEVE ANY OF THIS HAS CHANGED, BUT THERE

 

 

MAY BE SOME SMALL DIFFERENCES.

 

 

Q. DID YOU USE ANY OF THAT IN NEW ORLEANS AT THE

 

 

SOCIETY OF WETLANDS SCIENTISTS?

 

 

A. I DID NOT USE THESE ACTUAL DOCUMENTS, NO.

 

 

Q. DO WE HAVE ANOTHER SET THAT YOU DID USE?

 

 

A. YOU HAVE MY SLIDES.

MS. SUTTER PAGE 36

 

 

Q. THE SLIDES, OKAY.

 

 

A. YES.

 

 

Q. OKAY. AND THESE WERE MADE FROM SEPARATE,

 

 

WHATEVER, MASTERS? ARE THE SLIDES DUPLICATES OF

 

 

THESE IS WHAT I'M ASKING?

 

 

A. TO THE BEST OF MY KNOWLEDGE, YES. FOR EXAMPLE,

 

 

THOUGH, IF -- IF I HADN'T RUN A COMPLETE SET AT

 

 

THE TIME THAT I PRESENTED MY MASTER'S PROJECT,

 

 

WHICH I DON'T BELIEVE IS THE CASE, BUT -- THEY MAY

 

 

HAVE CHANGED.

 

 

Q. OKAY. CAN YOU IDENTIFY, PLEASE, SUTTER COMPOSITE

 

 

EXHIBIT NUMBER THIRTEEN?

 

 

A. NUMBER THIRTEEN IS WHAT I HAVE ENTITLED "WATER,"

 

 

AND BASICALLY THIS IS A LIST OF THE PHOSPHORUS

 

 

CONCENTRATION THAT I MONITORED WEEK BY WEEK, OR IN

 

 

EARLY CASES BI-WEEKLY, AND THEN HOW THEY COMPARED

 

 

TO THE LEVEL THEY WERE SUPPOSED TO BE AT, AND JUST

 

 

A DATA SET INCLUDING ALL THE PHOSPHORUS

 

 

CONCENTRATIONS IN WATER.

 

 

Q. HOW DO WE KNOW WHAT THEY WERE SUPPOSED TO BE AT?

 

 

A. FOR EXAMPLE, IF MY TREATMENT WAS ZERO PARTS PER

 

 

MILLION PHOSPHORUS, THERE IS A STRAIGHT LINE

 

 

MARKING THROUGH ZERO AND THEN DATA POINTS

 

 

SURROUNDING THAT LINE WHERE THEY ACTUALLY FELL.

MS. SUTTER PAGE 37

 

 

Q. ALL RIGHT. SUTTER COMPOSITE EXHIBIT NUMBER

 

 

FOURTEEN?

 

 

A. NUMBER FOURTEEN HAS WHAT I CALL PARTITIONING.

 

 

THESE ARE DATA THAT ARE FOUND, AGAIN, IN OTHER

 

 

LOCATIONS, JUST PULLED OUT SO THAT I COULD LOOK AT

 

 

THEM A DIFFERENT WAY BY TREATMENT AND -- AND BY

 

 

TREATMENT AS WELL AS PLANT PART, ABOVEGROUND,

 

 

BELOWGROUND, DEAD, LIVE.

 

 

Q. OKAY. SUTTER COMPOSITE EXHIBIT NUMBER FIFTEEN,

 

 

PLEASE?

 

 

A. NUMBER FIFTEEN IS WHAT I HAVE LABELED "TREND

 

 

GRAPHS AND DATA." AND THIS IS -- THESE WERE MY

 

 

INITIAL ATTEMPTS TO UNDERSTAND MY DATA. EXCUSE

 

 

ME. MANY OF THESE ARE WHAT THE TREND -- THE TREND

 

 

GRAPHS ARE WHAT MY OVERHEADS WERE MADE FROM.

 

 

THESE, YOU WILL FIND IN MOST CASES, ARE DUPLICATE

 

 

COPIES.

 

 

Q. AND ARE THESE FINALLY REFLECTED IN YOUR TABLES

 

 

ATTACHED WITH YOU PUBLICATION?

 

 

A. I BELIEVE MY TABLES SHOW DIFFERENT INFORMATION

 

 

THAN THOSE GRAPHS DO.

 

 

Q. DO THE BAR GRAPHS SHOW SIMILAR INFORMATION, OR

 

 

NOT?

 

 

A. THE TABLES THAT I HAVE -- YOU'RE GOING TO CATCH ME

MS. SUTTER PAGE 38

 

 

NOT HAVING LOOKED AT THIS FOR TWO MONTHS. MAY I

 

 

SEE MY TABLES IN MY DOCUMENTS?

 

 

(THEREUPON, DOCUMENTS HANDED TO THE WITNESS.)

 

 

A. MY TABLES AND MY GRAPHS DO NOT REFLECT THE SAME

 

 

INFORMATION WITH THE EXCEPTION OF TABLE THREE

 

 

WHICH IS -- WHICH IS REFLECTED IN THE PARTITIONING

 

 

FOLDER, THE EXHIBIT FOURTEEN THAT I JUST

 

 

EXPLAINED.

 

 

Q. HOW ABOUT YOUR TREND GRAPHS AND YOUR BAR GRAPHS,

 

 

DO THEY REFLECT SIMILAR INFORMATION?

 

 

A. THEY REFLECT MY FIGURES---

 

 

Q. ALL RIGHT.

 

 

A. ---BUT NOT MY TABLES.

 

 

Q. OKAY. HOW ABOUT SUTTER COMPOSITE EXHIBIT NUMBER

 

 

SIXTEEN? WAS THAT EVERYTHING FOR FIFTEEN?

 

 

A. YES. NUMBER SIXTEEN HAS PROGRAMS AND OUTPUT SAS

 

 

RUNS, MHO RECOMMENDATION WRITTEN ON IT. MHO WAS A

 

 

FORMER EMPLOYEE OF THE WETLANDS CENTER WHO WAS

 

 

WELL-VERSED IN STATISTICS WHO OFFERED ADVICE ON

 

 

HOW TO RUN SOMETHING WITH A SIMILAR DESIGN AS

 

 

MINE. THIS IS SAS OUTPUT.

 

 

Q. S-A-S?

 

 

A. YES, MA'AM. THAT WAS---

 

 

Q. IS THAT A SOFTWARE PROGRAM?

MS. SUTTER PAGE 39

 

 

A. YES, IT IS.

 

 

Q. OKAY.

 

 

A. STATISTICAL ANALYSIS SYSTEMS, I BELIEVE. THIS WAS

 

 

RUN FAIRLY RECENTLY, AND IT HAS NOT BEEN

 

 

OVERANALYZED; IT HAS NOT BEEN EXTREMELY ANALYZED.

 

 

Q. DO YOU INTEND TO DO MORE ANALYSIS WITH IT?

 

 

A. YES. THESE ARE WHAT I WILL USE FOR MY REVISIONS.

 

 

Q. OKAY. IS THERE ANYONE WHO WILL BE HELPING YOU

 

 

WITH THAT?

 

 

A. I EXPECT THAT DR. CRAFT AND DR. RICHARDSON WILL,

 

 

AND DR. VYMAZAL, WHOSE NAMES WILL ALL APPEAR ON

 

 

THE PAPER, WILL MAKE SOME COMMENTS.

 

 

Q. OKAY. DOES DR. RICHARDSON HELP YOU WITH YOUR

 

 

STATISTICAL ANALYSIS?

 

 

A. NO, HE DOESN'T.

 

 

Q. DOES DR. CRAFT HELP YOU WITH YOUR STATISTICAL

 

 

ANALYSIS?

 

 

A. YES, HE DOES.

 

 

Q. OKAY. AND DR. VYMAZAL?

 

 

A. NO, MA'AM. HE DOES NOT.

 

 

Q. OKAY. IS THERE ANY PARTICULAR PERSON IN THE DUKE

 

 

WETLANDS CENTER WHO IS CONSIDERED THE -- I DON'T

 

 

KNOW -- THE PERSON WITH THE MOST STATISTICAL

 

 

EXPERIENCE?

MS. SUTTER PAGE 40

 

 

A. MR. HO, WHO HAS RECENTLY LEFT US, AND WAS NOT --

 

 

HE WAS A GRADUATE STUDENT, WAS FAIRLY WELL-VERSED

 

 

IN STATISTICS.

 

 

Q. MR. WHO?

 

 

A. HO.

 

 

Q. H-O?

 

 

A. YES.

 

 

Q. WHO IS CHINESE?

 

 

A. YES.

 

 

Q. OKAY. AND WHERE HAS HE GONE?

 

 

A. I BELIEVE HE'S GONE TO DARTMOUTH ON A POST DOC.

 

 

Q. TO DO HIS Ph.D.?

 

 

A. NO, MA'AM, HE'S ALREADY---

 

 

Q. OH, HE'S ALREADY A DOCTORATE?

 

 

A. YES.

 

 

Q. OKAY. SO, THIS IS DR. HO, ACTUALLY?

 

 

A. ACTUALLY. YES, THAT'S RIGHT.

 

 

Q. OKAY.

 

 

A. ALTHOUGH I WOULD SAY THAT ALL OF THEM ARE VERY

 

 

WELL-VERSED IN STATISTICS.

 

 

Q. OKAY.

 

 

A. JUST HOW -- HOW MUCH TIME THEY HAVE TO SPEND ON

 

 

THAT.

 

 

Q. WHAT WAS DR. VYMAZAL'S CONTRIBUTION TO YOUR PAPER

MS. SUTTER PAGE 41

 

 

OR YOUR PROJECT?

 

 

A. DR. VYMAZAL IDENTIFIED PERIPHYTON AND ALGAE AND

 

 

PLANKTON THAT APPEARED DURING THE COURSE OF MY

 

 

STUDY, AND HE PERFORMED THE ANALYSES ON THEM.

 

 

Q. DO YOU CONSIDER THESE SORT OF SPONTANEOUS GROWTHS

 

 

OUT OF THE SOIL, DO YOU CONSIDER THEM AN IMPORTANT

 

 

PART OF YOUR -- OF YOUR EXPERIMENT?

 

 

A. I DO CONSIDER THEM AN IMPORTANT PART, HOWEVER,

 

 

THEY WERE NOT ANTICIPATED.

 

 

Q. AND WHY ARE THEY AN IMPORTANT PART?

 

 

A. BECAUSE WE WANTED TO KNOW WHERE ALL THE PHOSPHORUS

 

 

THAT I ADDED WENT, AND IF THESE PERIPHYTON AND

 

 

OTHER ORGANISMS APPEARED, THEN PERHAPS THEY PLAYED

 

 

A ROLE.

 

 

Q. OKAY. WHAT ROLE DID YOU END UP DECIDING THEY

 

 

PLAY?

 

 

A. VERY SMALL IN THE BIG PICTURE.

 

 

Q. HOW SO?

 

 

A. BECAUSE IN THE VERY CONTROLLED ENVIRONMENT THAT I

 

 

HAD FOR A LIMITED TIME OF SIX MONTHS, THEY DID NOT

 

 

APPEAR TO HOLD A LARGE PART OF THE PHOSPHORUS.

 

 

Q. THEY WERE MEASURED FOR HOW MUCH PHOSPHORUS THEY

 

 

ACTUALLY CONTAINED, IS THAT RIGHT?

 

 

A. YES.

MS. SUTTER PAGE 42

 

 

Q. OKAY. AND YOU ACCOUNTED FOR ONLY FIFTY PERCENT OF

 

 

THE PHOSPHORUS THAT WAS ADDED TO THE EXPERIMENT.

 

 

IS THAT ACCURATE?

 

 

A. THAT IS CORRECT.

 

 

Q. WHERE DO YOU THINK THE OTHER FIFTY PERCENT WENT?

 

 

A. THAT CALLS FOR SPECULATION ON MY PART, BUT I -- MY

 

 

GUESS IS THE SOIL.

 

 

Q. PARDON?

 

 

A. MY GUESS IS THE SOIL

 

 

Q. YOU ANALYZED THE SOIL THOUGH AFTERWARDS, THOUGH,

 

 

DIDN'T YOU?

 

 

A. YES, I DID.

 

 

Q. AND YOU ACCOUNTED FOR WHAT HAD GONE INTO THE SOIL,

 

 

HADN'T YOU?

 

 

A. I ACCOUNTED FOR WHAT WAS IN THE SOIL WHERE I

 

 

MEASURED IT.

 

 

Q. WHERE DID YOU MEASURE IT?

 

 

A. APPROXIMATELY FIVE CENTIMETERS FROM THE SURFACE.

 

 

Q. YOU DID NOT MEASURE THE TOTAL SOIL CONTENT OF THE

 

 

POTS?

 

 

A. IN RETROSPECT, I -- I SHOULD HAVE SAMPLED IT FROM

 

 

SEVERAL LOCATIONS, BUT I DID NOT, AND THAT IS WHY

 

 

THERE IS ONLY FIFTY PERCENT ACCOUNTED FOR.

 

 

Q. SO, IF I UNDERSTAND YOU CORRECTLY, YOU WENT DOWN

MS. SUTTER PAGE 43

 

 

FIVE CENTIMETERS FROM THE SURFACE AND TOOK A

 

 

MEASUREMENT PER POT?

 

 

A. I TOOK A SOIL SAMPLE FROM THERE AND MEASURED THE

 

 

PHOSPHORUS AT THAT POINT. OCCASIONALLY, THOSE

 

 

WERE REPEATED MEASUREMENTS.

 

 

Q. ARE THOSE REFLECTED ANYWHERE AMONG YOUR DOCUMENTS,

 

 

WHAT THOSE MEASUREMENTS WERE, FIVE CENTIMETERS

 

 

DOWN?

 

 

A. THOSE ARE IN MY APPENDICES IN THE RAW DATA, YES.

 

 

Q. OKAY. CAN YOU POINT TO THOSE FOR ME, PLEASE?

 

 

A. IN EXHIBIT FIVE, IN THE SECTION MARKED APPENDICES,

 

 

AND APPENDIX TWO. I'M SORRY, CORRECTION. IT'S IN

 

 

APPENDIX THREE. APPENDIX TWO IS BASELINE SOIL.

 

 

Q. ALL RIGHT. AND APPENDIX TWO, WERE THESE NUMBERS

 

 

BASED ON WET OR DRY WEIGHTS?

 

 

A. THE -- I'M SORRY, DID YOU SAY APPENDIX TWO?

 

 

Q. YES. YES, MA'AM. I'M GOING TO ASK YOU ABOUT

 

 

THREE ALSO, BUT I WAS GOING TO DO THEM SEPARATELY.

 

 

A. APPENDIX TWO, THE AMMONIUM NITRATE AND PHOSPHATE

 

 

ARE EXTRACTIONS WHICH ARE BASED ON WET -- WET

 

 

WEIGHT. THE TOTAL P IS BASED ON DRY WEIGHT.

 

 

Q. IS THE SAME TRUE FOR APPENDIX THREE?

 

 

A. YES, IT IS.

 

 

Q. OKAY. AND I ASSUME THAT THESE SOIL SAMPLES ARE

MS. SUTTER PAGE 44

 

 

LONG GONE? I MEAN, THEY'RE NOT AVAILABLE FOR YOU

 

 

TO STILL DO THAT TYPE OF ANALYSIS THAT YOU SAY

 

 

THAT YOU MIGHT HAVE DONE HAD YOU THOUGHT OF IT?

 

 

A. OH, YES, MA'AM. THAT IS CORRECT---

 

 

Q. THEY'RE GONE?

 

 

A. ---THEY'RE GONE.

 

 

Q. THEY'RE GONE. ALL RIGHT. DID ANYONE SUGGEST TO

 

 

YOU THAT YOU MIGHT HAVE DONE IT DIFFERENTLY?

 

 

A. AT THE TIME THAT I WAS SAMPLING?

 

 

Q. WELL, NO. I ASSUME THEY DID NOT DO IT THEN, DID

 

 

THEY?

 

 

A. NO, THAT'S CORRECT.

 

 

Q. HAS ANYONE SUGGESTED TO YOU SINCE THEN, THAT YOU

 

 

MIGHT HAVE DONE IT?

 

 

A. YES.

 

 

Q. WHO WAS THAT?

 

 

A. DR. CRAFT. AND I BELIEVE WE HAVE DISCUSSED IT

 

 

WITH DR. VYMAZAL, AS WELL, BUT HE WAS PROBABLY

 

 

JUST LISTENING.

 

 

Q. OKAY. DID YOU EVER DISCUSS IT WITH DR.

 

 

RICHARDSON?

 

 

A. NOT TO MY RECOLLECTION.

 

 

Q. IS DR. RICHARDSON GONE A GREAT DEAL; IS THAT WHAT

 

 

I'M TO IMPLY FROM SOME OF THESE?

MS. SUTTER PAGE 45

 

 

A. YES.

 

 

Q. OKAY.

 

 

A. I DON'T KNOW IF GONE IS THE RIGHT WORD. HE HAS A

 

 

GREAT AMOUNT OF RESPONSIBILITIES.

 

 

Q. OKAY. WHAT DO THOSE INCLUDE?

 

 

A. HE JUST -- HE TEACHES---

 

 

Q. OKAY.

 

 

A. ---HE'S DIRECTOR OF THE WETLANDS CENTER.

 

 

Q. OKAY.

 

 

A. HE'S INVOLVED IN THIS PROJECT. I SUSPECT HE'S

 

 

INVOLVED IN TRYING TO FURTHER THE WETLANDS CENTER

 

 

THROUGH TIME.

 

 

Q. OKAY. HOW MANY CLASSES -- DO YOU KNOW HOW MANY HE

 

 

TEACHES?

 

 

A. I DO NOT.

 

 

Q. OKAY. DID YOU EVER STUDY UNDER HIM IN A CLASS?

 

 

A. YES, I DID.

 

 

Q. OKAY. WHAT DID YOU TAKE FROM DR. RICHARDSON?

 

 

A. I TOOK A CLASS CALLED "APPLIED ECOLOGY."

 

 

Q. UH-HUH (YES).

 

 

A. AND I TOOK A CLASS CALLED "WETLANDS ECOLOGY AND

 

 

MANAGEMENT," AND I TOOK A WETLANDS SEMINAR UNDER

 

 

HIM.

 

 

Q. A WHAT?

MS. SUTTER PAGE 46

 

 

A. A WETLANDS SEMINAR WHERE THE PARTICIPANTS PRESENT

 

 

INFORMATION.

 

 

Q. OKAY. DOES THE WETLANDS CENTER HAVE OTHER ONGOING

 

 

PROJECTS, OTHER THAN THIS EVERGLADES RESEARCH?

 

 

A. YES, THEY DO.

 

 

Q. WHAT ARE THEY?

 

 

A. THE WETLANDS CENTER HAS RECENTLY ACQUIRED LAND IN

 

 

NORTH CAROLINA THAT THEY ARE TRYING TO INVENTORY.

 

 

I WOULD BE THE WRONG PERSON TO ASK WHAT ALL THEY

 

 

DO. I KNOW THAT THEY ARE INVOLVED IN THAT

 

 

PROJECT. THEY MAY HAVE OTHER SMALLER PROJECTS.

 

 

BUT, BY FAR, THIS IS THE LARGEST.

 

 

Q. DO THEY ACTUALLY OWN THE LAND?

 

 

A. I DON'T BELIEVE THEY DO. I DON'T KNOW.

 

 

Q. OKAY. SO, WHEN YOU SAY THEY ACQUIRED LAND, THEY

 

 

ACQUIRED SOME KIND OF AN INTEREST IN THE LAND, BUT

 

 

YOU'RE NOT SURE WHAT IT IS?

 

 

A. THAT'S CORRECT.

 

 

Q. OKAY. AND WHAT ARE THEY GOING TO INVENTORY IT

 

 

FOR?

 

 

A. I DON'T KNOW. I BELIEVE THERE'S JUST AN INVENTORY

 

 

ONGOING RIGHT NOW.

 

 

Q. OF WETLANDS, OR TYPES OF WETLANDS OR HABITATS?

 

 

A. RIGHT, ALL OF -- ALL OF THOSE.

MS. SUTTER PAGE 47

 

 

Q. OKAY.

 

 

A. WATER QUALITY PERHAPS, WHAT SOILS ARE PRESENT.

 

 

Q. OKAY. CAN YOU IDENTIFY SUTTER EXHIBIT NUMBER

 

 

SEVENTEEN FOR US, PLEASE?

 

 

A. NUMBER SEVENTEEN IS A TIMETABLE I CAME UP WITH

 

 

EARLY ON IN THE STUDY JUST TELLING ME THAT ON

 

 

MONDAY I NEEDED TO DO WHAT, AND THROUGH EACH DAY

 

 

OF THE WEEK.

 

 

Q. DID YOU PRETTY MUCH FOLLOW THIS?

 

 

A. YES, I DID.

 

 

Q. OKAY. SUTTER EXHIBIT -- COMPOSITE EXHIBIT NUMBER

 

 

EIGHTEEN IS WHAT?

 

 

A. THIS IS MY EXPERIMENTAL DESIGN, INCLUDING MY

 

 

PROPOSAL FOR STUDY THAT I HAD TO SUBMIT TO THE

 

 

SCHOOL FOR MY MASTER'S WORK, ANOTHER COPY OF THE

 

 

EXPERIMENTAL DESIGN.

 

 

Q. IS THIS ONE PRETTY ACCURATE, MS. SUTTER, AS TO

 

 

WHAT YOU ACTUALLY DID?

 

 

A. IS THE PROPOSAL ACCURATE?

 

 

Q. RIGHT. DID YOU ACTUALLY -- IS THE EXPERIMENTAL

 

 

DESIGN ACCURATE, OR DID YOU ALTER IT---

 

 

A. THAT HAS---

 

 

Q. ---SUBSEQUENT TO THIS?

 

 

A. ---THAT HAS STAYED THE SAME.

MS. SUTTER PAGE 48

 

 

Q. OKAY.

 

 

A. AND THEN IT JUST, FOR MY RECORDS, TELLS ME WHICH

 

 

PLANTS AND WHICH PLANT CONTAINERS WERE PLACED IN

 

 

WHICH TUBS, SO THAT I WOULD KNOW WHICH NUMBERS TO

 

 

PUT INTO WHICH TREATMENTS.

 

 

Q. OKAY.

 

 

A. AND THEN IT'S JUST MORE TIME LINES AND ORDERING

 

 

INFORMATION FOR ANY---

 

 

Q. ALL RIGHT.

 

 

A. ---ANY MATERIALS I NEEDED.

 

 

Q. ALL RIGHT. SUTTER COMPOSITE EXHIBIT NUMBER

 

 

NINETEEN?

 

 

A. NUMBER NINETEEN IS WHAT I HAVE CALLED

 

 

"VEGETATION." IT BASICALLY HAS RAW DATA FOR

 

 

MEASUREMENTS THAT I MADE ON VEGETATION PRIOR TO

 

 

TREATMENT.

 

 

Q. OKAY. SUTTER COMPOSITE EXHIBIT NUMBER TWENTY?

 

 

A. IT'S WHAT I HAVE LABELED "SOILS." AND, AGAIN,

 

 

IT'S THE NUTRIENT CONCENTRATIONS AND CONTENTS OF

 

 

MY SOILS.

 

 

Q. IS THAT PRETTY MUCH WHAT THE WHOLE DOCUMENT IS?

 

 

A. YES. IT'S ALL SOILS IN THIS SECTION.

 

 

Q. ALL RIGHT. YOU'VE PRODUCED SOME DISKS HERE TODAY,

 

 

SOME FOUR DISKS IN RESPONSE TO THE NOTICE DUCES

MS. SUTTER PAGE 49

 

 

TECUM. IS YOUR DATA, TO THE BEST OF YOUR

 

 

RECOLLECTION, REFLECTED IN THIS HARD COPY THAT'S

 

 

REFLECTED ON THOSE DISKS?

 

 

A. YES, TO THE BEST---

 

 

Q. IS THERE ANY -- GO AHEAD. I'M SORRY.

 

 

A. ---TO THE BEST OF MY KNOWLEDGE, IT IS.

 

 

Q. OKAY. IS THERE ANY OTHER INFORMATION ON THOSE

 

 

DISKS?

 

 

A. MY DOCUMENT IS ON ONE DISK IN ITS ENTIRETY.

 

 

Q. OKAY.

 

 

A. THERE ARE DATA SETS IN THERE WHEN I WAS TRYING TO

 

 

MANIPULATE THEM TO DUMP INTO A STATISTICAL

 

 

ANALYSIS PROGRAM, BUT DIDN'T QUITE WORK. THOSE

 

 

ARE PROBABLY STILL ON THERE.

 

 

Q. OKAY. THEN I DON'T THINK WE'RE GOING TO REQUIRE

 

 

COPIES AT THIS TIME OF THOSE HARD DISKS. SUTTER

 

 

COMPOSITE EXHIBIT NUMBER TWENTY-ONE, PLEASE?

 

 

A. THIS IS THE SECTION I ENTITLED "WATER." IT HAS A

 

 

METHOD FOR HOW TO DETERMINE PHOSPHATE IN WATERS,

 

 

AND HOW TO -- HOW TO OBTAIN THE STANDARDS, AND

 

 

THEN WEEKLY MEASUREMENTS OF WHAT MY WATER

 

 

PHOSPHATE CONCENTRATIONS WERE, AND THEN WHAT I HAD

 

 

TO ADD TO GET THEM BACK UP, OR WHAT I HAD TO

 

 

DILUTE THEM WITH TO BRING THEM BACK DOWN TO THEIR

MS. SUTTER PAGE 50

 

 

RESPECTIVE TREATMENTS. I, ALSO IN THE REAR OF

 

 

THIS DOCUMENT, HAVE COPIES OF DR. QUALLS' WATER

 

 

QUALITY SAMPLING FROM EARLY ON IN THE PROJECT OF

 

 

WHAT WAS FOUND IN THE EVERGLADES, SO IT WAS NOT

 

 

USED IN MY STUDY.

 

 

Q. OKAY. WHY DID YOU INCLUDE IT IN YOUR GREENHOUSE

 

 

EXPERIMENT DOCUMENTS? WAS IT OF INTEREST TO YOU

 

 

IN HOW YOU WOULD SET UP YOUR DESIGN?

 

 

A. IT WAS OF INTEREST TO ME EARLY ON, YES.

 

 

Q. THEN IMPLICITLY YOU DISCARDED IT?

 

 

A. I DON'T THINK I UNDERSTAND THE QUESTION.

 

 

Q. WELL, YOU SAID IT WAS OF INTEREST EARLY ON, BUT

 

 

YOU DID NOT USE THIS IN YOUR DESIGN. IS THAT

 

 

ACCURATE?

 

 

A. I GUESS THAT'S NOT -- I WANTED TO FIND OUT WHICH

 

 

SALTS OR WHICH METHODS PHOSPHATE WOULD BE ADDED IN

 

 

MOST APPROPRIATELY. I FOUND THAT INFORMATION AND

 

 

THESE DOCUMENTS WERE NOT USED AGAIN. HOWEVER, I

 

 

WANTED TO KEEP THEM FOR MY RECORDS.

 

 

Q. ALL RIGHT. IT HELPED YOU MAKE YOUR DECISION FOR

 

 

THE SODIUM PHOSPHATE?

 

 

A. YES.

 

 

Q. IS THAT ACCURATE?

 

 

A. THAT'S CORRECT.

MS. SUTTER PAGE 51

 

 

Q. ALL RIGHT, ON SUTTER COMPOSITE EXHIBIT NUMBER

 

 

TWENTY-TWO?

 

 

A. THIS IS LABELED p-H AND D-O. THESE WERE

 

 

MEASUREMENTS OF pH AND DISSOLVED OXYGEN THAT

 

 

I TOOK IN MY GREENHOUSE EVERY WEEK WHEN I

 

 

MEASURED.

 

 

Q. OKAY.

 

 

A. I DID NOT USE THEM IN MY FINAL ANALYSIS.

 

 

Q. ALL RIGHT. AND SUTTER COMPOSITE EXHIBIT NUMBER

 

 

TWENTY-THREE?

 

 

A. THIS IS JUST A SECTION I HAVE LABELED

 

 

"CORRESPONDENCE." IT IS LETTERS TO FERTILIZER

 

 

COMPANIES IN FLORIDA WHEN I WAS LEARNING ABOUT

 

 

WHICH KIND OF FERTILIZER TO USE, WHAT WOULD BE THE

 

 

BEST. AND, AGAIN, IT'S MOSTLY JUST THEIR

 

 

BROCHURES THAT THEY SENT TO ME.

 

 

Q. WHAT DID YOU END UP USING?

 

 

A. SEMINOLE FERTILIZER SUPPLIED MY SAWGRASS PLANTS.

 

 

Q. RIGHT.

 

 

A. I DID NOT -- I DIDN'T USE ANY OF THE -- OF THE

 

 

FERTILIZER INFORMATION. I JUST -- IT WAS JUST FOR

 

 

MY KNOWLEDGE---

 

 

Q. OKAY.

 

 

A. ---OF WHAT WAS GOING ON.

MS. SUTTER PAGE 52

 

 

Q. OKAY. THEN THERE'S TWO DOCUMENTS AT THE END.

 

 

SUTTER EXHIBIT NUMBER TWENTY-FOUR IS WHAT?

 

 

A. THIS IS A METHODS PAPER FOR HOW TO DETERMINE TOTAL

 

 

PHOSPHORUS IN SOILS. THIS IS THE METHOD THAT I

 

 

FOLLOWED IN MY STUDY.

 

 

Q. THIS IS THE METHOD YOU FOLLOWED?

 

 

A. YES, IT IS.

 

 

Q. ALL RIGHT. AND I SEE CRAFT IS WRITTEN --

 

 

HANDWRITTEN. DID IT COME FROM DR. CRAFT?

 

 

A. DR. CRAFT -- I COPIED DR. CRAFT'S COPY FOR MY

 

 

FILES.

 

 

Q. OKAY. ALL RIGHT. AND THE FINAL DOCUMENT?