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 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. 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? A. THIS IS A HANDWRITTEN COPY OF -- ENTITLED "DIRECTIONS FOR WATER SAMPLING." I HAD A DEATH IN MY FAMILY EARLY ON AND LEFT FOR ONE WEEK, AND SOME -- DR. CRAFT, I BELIEVE, MADE THE MEASUREMENTS THIS WEEK OR ONE OF HIS ASSISTANTS. Q. AND YOU WERE SATISFIED THEY WERE MADE IN YOUR STANDARD PROCEDURE? A. YES. Q. OKAY. WE'RE ALMOST FINISHED. SUTTER COMPOSITE EXHIBIT NUMBER TWENTY-SIX IS WHAT? A. THESE ARE JUST LOOSE-LEAF GRAPHS AND TABLES AND GENERAL ORGANIZATIONAL INFORMATION ON THE MS. SUTTER PAGE 53 PERIPHYTON THAT WAS FOUND IN MY STUDY. DR. VYMAZAL--- Q. ARE THOSE DR. VYMAZAL'S? A. THE COMPUTER GENERATED GRAPHS AND DATA TABLES ARE THE HANDWRITTEN -- THE HANDWRITTEN GREEN SHEETS -- I DON'T KNOW WHAT ELSE TO CALL THEM -- ARE MY WORK, JUST PUTTING HIS INFORMATION ON THE PAPER IN A DIFFERENT FORM THAT I WOULD UNDERSTAND. Q. ALL RIGHT. DO WE HAVE HIS INFORMATION THERE? A. YES. Q. AND HIS INFORMATION IS ON WHICH SHEET? A. ALL OF THIS IS THE INFORMATION THAT DR. VYMAZAL PRESENTED. ALL THE -- ALL THE COMPUTER GENERATED GRAPHS AND DATA SETS ARE HIS--- Q. RIGHT. A. ---I JUST REWROTE THEM ON THE TWO GREEN SHEETS THAT APPEAR. Q. ON THE TWO GRAPH SHEETS? A. YES. Q. OKAY. A. BEHIND THERE, I WENT IN ONE DAY WITH A GENTLEMAN WHO WAS MEASURING PHOTOSYNTHESIS, AND WE MEASURED PHOTOSYNTHESIS ON MY PLANTS. WE DID IT ONE TIME. WE DID NOT USE IT. WE DECIDED THAT WE DIDN'T WANT MS. SUTTER PAGE 54 TO DO THAT FOR THE STUDY. THAT IS -- I STILL WILL HAVE THAT. Q. OKAY. ALL RIGHT. WHO IS THAT? A. HIS NAME IS TOM SASEK, DR. TOM SASEK. Q. OKAY. AND WHY DID YOU DECIDE NOT TO USE THE PHOTOSYNTHESIS? A. THAT WAS HIS STUDY. HE THOUGHT HE MIGHT BE INTERESTED IN DOING A PHOTOSYNTHESIS STUDY, AND THAT WAS HIS DECISION. Q. OKAY. ALL RIGHT. SUTTER EXHIBIT NUMBER TWENTY-SEVEN IS A COMPOSITE EXHIBIT CONTAINING WHAT? A. THESE AGAIN ARE THE DATA THAT DR. VYMAZAL GAINED FROM MY GREENHOUSE STUDY. I BELIEVE THEY ACTUALLY MAY BE DUPLICATES. Q. DID HE EVER DO ANYTHING WITH THE DATA HE GATHERED FROM IT? A. HE GAVE IT TO ME. Q. THAT'S IT? THAT'S OKAY. A. YES. Q. SO, HE HASN'T DONE ANY PUBLICATION OR INCORPORATED THAT WORK INTO ANY OF HIS CONCLUSIONS ELSEWHERE OR ANYTHING? A. NOT TO MY KNOWLEDGE. MS. SUTTER PAGE 55 Q. ALL RIGHT. AND SUTTER COMPOSITE EXHIBIT NUMBER TWENTY-EIGHT? A. THIS IS, AGAIN, SOMETHING THAT WASN'T USED IN MY STUDY. THIS IS ANOTHER WAY OF LOOKING AT THE NUTRIENT CONTENTS IN THE PLANTS. Q. OKAY. AND WHY DIDN'T YOU USE IT? A. ACTUALLY, I BELIEVE I GENERATED IT AFTER -- NO, I DIDN'T. I DID NOT USE IT, BECAUSE I DID NOT COME UP WITH THIS APPROACH UNTIL LATE IN THE STUDY. Q. WAS IT JUST TOO MUCH WORK TO GO BACK AND RECONSTRUCT EVERYTHING? A. YES. Q. OKAY. DO YOU THINK IT'S A BETTER WAY OR MORE ACCURATE IN ANY WAY? A. WHAT YOU SEE HERE ARE C TO N TO P RATIOS. IT'S NOT BETTER OR ACCURATE; IT'S JUST A DIFFERENT WAY OF LOOKING AT IT THAT SOMEBODY MIGHT LIKE TO SEE. Q. OKAY. AND YOU HAVE THAT INFORMATION FROM WHAT POINT? IS IT -- IS THE POINT IN TIME REFLECTED ON THE SHEETS? A. YES. ACTUALLY, IT IS DATED 8/6/92. Q. OKAY. AND WHAT -- WHEN DID YOUR PROJECT END? A. THE ACTUAL GREENHOUSE? MS. SUTTER PAGE 56 Q. RIGHT. A. DOSING? Q. RIGHT. A. IT ACTUALLY ENDED SEPTEMBER THE 4TH OR THE 8TH OF '91. IT HAS TAKEN ME CLOSE TO A YEAR TO ANALYZE IT AND WRITE IT UP WITH JUST THAT INFORMATION. Q. ALL RIGHT. OKAY. A. AND THE FINAL TWO HANDWRITTEN SHEETS IN EXHIBIT TWENTY-EIGHT ARE MASSES -- THE SAMPLE PREPARATIONS IN ORDER TO MEASURE PHOSPHORUS. Q. I THINK THE FINAL COMPOSITE EXHIBIT WE HAVE ARE YOUR SLIDES. IS THAT RIGHT? A. YES, IT IS. Q. WE'VE DONE EVERYTHING. ALL RIGHT. YOU HAVE SLIDES IN A BOX AND SLIDES IN A CAROUSEL. JUST EXPLAIN TO US BASICALLY WHAT YOUR SLIDES REFLECT, PLEASE. IT'S COMPOSITE EXHIBIT NUMBER TWENTY-NINE. IS THAT RIGHT? A. YES, IT IS. MANY OF THESE SLIDES ARE -- ARE SIMPLY TITLE SLIDES AND OBJECTIVE SLIDES, TEXT SLIDES, THAT -- THAT THE PEOPLE CAN SEE WHEN -- WHEN YOU'RE GIVING A PRESENTATION. I'M SURE YOU'VE SEEN THEM. SOME OF THEM ARE GRAPHS THAT ARE DISPLAYED IN MY DOCUMENT, AND IN MANY OF MS. SUTTER PAGE 57 THE -- FOR EXAMPLE, THE TREND GRAPHS PROBABLY HAVE SIMILAR GRAPHS THAT I HAVE PRESENTED HERE. Q. ARE THESE THE ONES THAT YOU USED WITH YOUR CLASSMATES BACK IN THE SPRING AND THEN--- A. I DID NOT USE SLIDES WITH MY CLASSMATES. Q. OKAY. ALL RIGHT. YOU USED OVERHEADS? A. YES. Q. DID YOU USE THESE AT THE SOCIETY OF WETLANDS SCIENTISTS? A. I USED THE SLIDES THAT ARE IN THE CAROUSEL FOR THAT, YES. Q. OKAY. AND THE REST OF THEM, YOU HAVE--- A. THE REST OF THEM--- Q. ---USED WHEN? A. ---THEY'RE EITHER DUPLICATES OR THEY'RE JUST THINGS I WAS TRYING OUT THAT I DIDN'T LIKE, OR FOR SOME REASON I CHOSE NOT TO USE THEM. Q. OKAY. ALL RIGHT. DOES THAT COMPLETE ALL THE DOCUMENTS THAT YOU'VE PRODUCED FOR US HERE TODAY, MS. SUTTER? A. YES--- Q. WELL, PUTTING ASIDE THE DISKS WHICH I HAVE INDICATED THAT, SINCE TO THE BEST OF YOUR RECOLLECTION THAT'S ALL REFLECTED IN HARD COPY, MS. SUTTER PAGE 58 WE'RE NOT GOING TO ASK FOR COPIES OF THE DISKS. A. YES. Q. OTHER COUNSEL MAY CHOOSE TO DO SOMETHING DIFFERENT, SO THAT -- THAT'S REALLY THEIR CHOICE. A. OKAY. Q. DOES THAT INCLUDE ALL THE DOCUMENTS THAT YOU'VE PRODUCED IN RESPONSE TO THE DUCES TECUM? A. YES. Q. ALL RIGHT. WERE THERE ANY WRITTEN INSTRUCTIONS FROM DR. RICHARDSON OR OTHER SUPERVISORS INCLUDED AMONG THOSE DOCUMENTS? A. THE LOOSE SHEETS THAT ARE IN THE FRONT OF THE BLUE FOLDER, I DON'T -- THE LABORATORY NOTEBOOK -- THAT ONE -- THOSE ARE HANDWRITTEN NOTES THAT WE CAME UP WITH, YES. Q. THOSE ARE FROM DR. RICHARDSON? A. ACTUALLY THOSE ARE NOTES THAT I WROTE IN A CONVERSATION TO HIM. MS. PONZOLI: WHY DON'T WE MARK THOSE AS A COMPOSITE EXHIBIT THEN? (THEREUPON, THE DOCUMENT REFERRED TO BELOW WAS MARKED AS DEPOSITION EXHIBIT NO. 30 - LORI A. SUTTER DEPOSITION - FOR IDENTIFICATION.) MS. SUTTER PAGE 59 Q. (BY MS. PONZOLI) CAN YOU JUST SORT OF -- THESE ARE PRETTY MUCH LIKE NOTES. CAN YOU JUST IDENTIFY FOR US WHAT YOU WERE DISCUSSING WITH DR. RICHARDSON WHEN YOU DID THOSE? A. THIS CONVERSATION WAS ASKING HIM APPROPRIATE WAYS TO GRAPH OR TO PRESENT THE DATA -- THAT WE THOUGHT WE HAD A GOOD UNDERSTANDING FOR WHAT WAS HAPPENING, WHAT IS THE BEST PICTURE--- Q. UH-HUH (YES). A. ---TO GIVE TO PEOPLE. AND THESE ARE JUST -- THESE ARE NOTES, SCRIBBLES OF DIFFERENT WAYS THAT WE MAY HAVE PRESENTED THEM. Q. IS IT AESTHETIC DESIGN OR EMPHASIZING SUBSTANCE? A. I'M SORRY, I DON'T UNDERSTAND THE QUESTION. Q. WELL, WHAT WERE YOU -- WHAT GOALS WERE YOU TRYING TO REACH IN YOUR PRESENTATION? A. BASICALLY JUST HOW BEST TO DISPLAY THE INFORMATION THAT WE FOUND. I HAD COME UP WITH JUST THESE SIMPLE BAR GRAPHS--- Q. RIGHT. A. ---AND THESE ARE DIFFERENT WAYS OF DISPLAYING THE EXACT SAME INFORMATION THAT PEOPLE MAY BETTER UNDERSTAND. Q. OKAY. IT WAS REALLY FOR PEOPLE'S UNDERSTANDING--- MS. SUTTER PAGE 60 A. YES. Q. ---SO THEY COULD UNDERSTAND IT BETTER? A. YES. Q. DID YOU END UP USING THE BAR GRAPHS, OR DID YOU END UP USING DR. RICHARDSON'S SUGGESTIONS? A. I ENDED UP USING BOTH. Q. BOTH? A. BAR -- THERE WAS A BAR GRAPH THAT IS DISPLAYED IN FIGURES ONE, THREE AND FIVE OF MY DOCUMENT THAT ARE -- THAT ARE ONE OF HIS -- HIS RECOMMENDATIONS TO SHOW THE WHOLE PLANT. IF YOU LOOK AT IT, YOU'LL SEE BOTH ABOVE AND BELOWGROUND. Q. RIGHT. A. THOSE WERE TWO DIFFERENT GRAPHS WHEN I INITIALLY MADE THEM. AND IT SHOWS THE WHOLE PLANT, AND HE--- Q. OKAY. A. ---SUGGESTED WE USE THOSE. WE DID -- IN ADDITION, I HAVE -- I HAVE SCRATCH LAB NOTES THAT I USED AT SOME POINT IN TIME--- Q. OKAY. A. ---TELLING ME HOW TO MAKE STANDARDS. Q. OKAY. WERE YOU PAID A SALARY, MS. SUTTER, AT THE TIME YOU WERE DOING THIS WORK? MS. SUTTER PAGE 61 A. I WAS ON A SCHOOL OF THE ENVIRONMENT ASSISTANTSHIP, YES. Q. OKAY. AND THOSE ASSISTANTSHIPS PROVIDE WHAT TYPE OF A -- IS IT A GRANT? IS IT A TYPE OF GRANT, OR IS IT CALLED AN ASSISTANTSHIP? A. IT'S CALLED AN ASSISTANTSHIP. Q. OKAY. A. BUT MY ASSISTANTSHIP WAS -- I BE -- INITIALLY PAID OFF THE GRANT, BUT I BELIEVE THAT CHANGED. Q. WAS PAID OFF BY A GRANT? A. BY DR. RICHARDSON'S GRANT FROM THE EVERGLADES PROTECTION DISTRICT. Q. OH, OKAY. ALL RIGHT. AND HOW -- WHAT WAS THE AMOUNT OF YOUR ASSISTANTSHIP? A. IT WAS FOR TEN HOURS A WEEK. Q. UH-HUH (YES). A. I BELIEVE THE INITIAL SALARY WAS SEVEN DOLLARS AND THIRTY-THREE CENTS ($7.33) AN HOUR. Q. I'VE WORKED FOR A UNIVERSITY BEFORE. I'M FAMILIAR WITH THE PAY SCALE. I'M THE ONLY ONE WHO EVER WENT TO MY OFFICE AND GOT A HIGHER SALARY. DID IT STAY THE SAME THROUGH THE TWO YEARS THAT YOU'VE BEEN WITH THE DUKE WETLANDS CENTER? A. ACTUALLY, THE ASSISTANTSHIP WENT UP TO EIGHT MS. SUTTER PAGE 62 DOLLARS ($8.00) AN HOUR MY FINAL YEAR. Q. OKAY. BUT THIS IS ONLY FOR TEN HOURS A WEEK? A. THE ASSISTANTSHIP, YES. Q. YES. SO IF YOU WERE WORKING ON YOUR MASTER'S WORK WELL BEYOND THAT, THAT WAS ON YOUR OWN TIME. IS THAT ACCURATE? A. DURING THE SCHOOL YEAR, YES. Q. AND THE SUMMER? A. NO, I WAS FUNDED BY THE GRANT. Q. SO, THAT WOULD BE ON A STRAIGHT HOURLY BASIS? IF YOU WORKED FORTY HOURS A WEEK, FIFTY HOURS A WEEK, ETCETERA, THEN YOU WOULD BE PAID EIGHT DOLLARS ($8.00) AN HOUR? A. RIGHT. Q. OKAY. OKAY. LET ME ASK YOU THIS, HAVE YOU SPENT TIME IN THE EVERGLADES, MS. SUTTER? A. YES, I HAVE. Q. OKAY. WHEN? A. THE FIRST TIME I WENT DOWN THERE WAS AUGUST OF '91--- Q. UH-HUH (YES). A. ---I BELIEVE THE OTHER TIMES I WENT DOWN THERE WERE SEPTEMBER, OCTOBER AND NOVEMBER OF THAT FALL, AND THEN AGAIN IN MAY AND AUGUST OF THIS YEAR. MS. SUTTER PAGE 63 Q. OKAY. WHEN YOU WERE THERE IN AUGUST OF '91, HOW LONG WERE YOU THERE? A. APPROXIMATELY ONE WEEK. Q. OKAY. AND WHERE DID YOU GO IN THE EVERGLADES? A. WE WENT TO WATER CONSERVATION AREA 2B. Q. DID YOU VISIT THE FERTILIZER EXPERIMENT? A. YES, I DID. Q. ALL RIGHT. DID YOU SPEND -- ACTUALLY, HOW MANY DAYS, HOW MANY HOURS DID YOU SPEND OUT IN THE FIELD? A. TO THE BEST OF MY RECOLLECTION, THERE WERE FOUR OR FIVE FULL DAYS, MEANING, WE LEFT AT SEVEN O'CLOCK IN THE MORNING AND RETURNED PROBABLY SEVEN O'CLOCK IN THE EVENING. Q. ALL RIGHT. WERE YOU HELPING TO SET UP THAT EXPERIMENT? A. NO. ACTUALLY, IT WAS ALREADY SET UP AT THAT TIME. Q. OKAY. YOU WERE JUST OBSERVING AND COLLECTING DATA? A. YES. Q. OKAY. DID YOU GO ANYWHERE OTHER THAN WATER CONSERVATION AREA 2B? A. WE VISITED 2A. MS. SUTTER PAGE 64 Q. FOR HOW LONG? A. A COUPLE HOURS ONE DAY. Q. OKAY. WHEN YOU WERE THERE IN SEPTEMBER, OCTOBER AND NOVEMBER, HOW LONG WERE YOU THERE EACH OF THOSE TIMES? A. THREE OR FOUR DAYS, I BELIEVE. Q. EACH TIME? A. YES. Q. AND WHAT WAS THE PURPOSE OF THOSE VISITS? A. TO COLLECT SAMPLES. Q. OKAY. WHO WERE YOU HELPING? A. DR. CRAFT. Q. OKAY. AND WERE YOU -- THREE TO FOUR DAYS THESE SAME TYPES OF DAYS COLLECTING DATA? A. YES. Q. ALL IN 2B? A. YES. Q. DID YOU GO ANYWHERE ELSE? A. NOT AT THOSE TIMES. Q. OKAY. HOW ABOUT IN MAY OF THIS YEAR? A. IN MAY OF THIS YEAR, WE VISITED THE GRADIENT STUDY--- Q. ALL RIGHT. A. ---WHICH IS IN 3. MS. SUTTER PAGE 65 Q. PARDON? A. WHICH IS IN WATER CONSERVATION AREA 3. Q. ALL RIGHT. A. 3A, I BELIEVE. Q. AND YOU WERE THERE HOW LONG? A. FIVE DAYS. Q. DID YOU DO THE TYPE OF DAYS THAT YOU WERE DESCRIBING BEFORE? A. LONGER. Q. BY AN HOUR OR SO? A. YEAH. Q. OKAY. AND YOU WERE -- WERE YOU COLLECTING DATA ALSO FOR THAT? A. YES. Q. WERE YOU WITH DR. CRAFT, AGAIN? A. YES. Q. OKAY. DID YOU GO ANYWHERE ELSE? A. I THINK WE MAY HAVE GONE UP TO 3B, JUST TO LOOK AT IT. Q. OKAY. FOR HOW LONG? A. I THINK WE FLEW OVER IT. Q. OKAY. HOW ABOUT IN AUGUST? A. IN AUGUST, I WAS THERE FOR A WEEK. Q. OKAY. AND, AGAIN, DID YOU SPEND THE SAME TYPE OF MS. SUTTER PAGE 66 DAYS? A. YES--- Q. IN--- A. ---I'M SORRY. THAT'S NOT TRUE. I WAS NOT IN THE FIELD IN AUGUST, I WAS AT THE LAB. Q. OKAY. AND WHAT DID YOU DO IN THE LAB? A. I SORTED THE SAMPLES THAT DR. CRAFT AND COMPANY BROUGHT BACK FROM THE FIELD. I HAD JUST HAD SURGERY. Q. YOU HAD? A. (NODS AFFIRMATIVELY.) Q. OKAY. SO, YOU SORTED SAMPLES AND THEY WERE TRANSPORTED BACK TO DUKE WETLANDS CENTER FOR ANALYSIS? A. YES. Q. OKAY. HAVE YOU BEEN IN THE EVERGLADES AT ANY OTHER TIMES THAN THESE TIMES YOU'VE DESCRIBED TO US? A. NO. Q. OKAY. MS. PONZOLI: ALL RIGHT. I WOULD LIKE TO TAKE A SHORT BREAK. IS THAT ALL RIGHT? WITNESS: YES. MS. SUTTER PAGE 67 (THEREUPON, A SHORT BREAK WAS TAKEN.) MS. PONZOLI: OKAY. LET'S GO BACK ON THE RECORD, PLEASE. WITNESS: MAY I--- MS. PONZOLI: YES. WITNESS: ---STATE THAT I MISSPOKE SAYING THAT I VISITED WATER CONSERVATION AREA 3--- MS. PONZOLI: YES. WITNESS: ---ON THE GRADIENT STUDY. MS. PONZOLI: RIGHT. WITNESS: THE GRADIENT STUDY IS IN 2A, I BELIEVE. MS. PONZOLI: YES. WITNESS: SO, I JUST WANTED TO CLARIFY THAT. MS. PONZOLI: OKAY. THAT WASN'T POINTED OUT TO YOU BY ONE OF THE GENTLEMEN IN THIS ROOM, WAS IT? WITNESS: ACTUALLY, YES, IT WAS. THEY ASKED ME WHERE THE GRADIENT STUDY WAS, AND I CORRECTLY IDENTIFIED IT, SO. MS. PONZOLI: OKAY. MS. SUTTER PAGE 68 WITNESS: NERVES. Q. (BY MS. PONZOLI) ALL RIGHT. I'D LIKE TO TALK ABOUT YOUR GREENHOUSE STUDY, MS. SUTTER. YOU -- YOU HAD AN ABSTRACT, WHICH WAS SUTTER EXHIBIT SEVEN, WHICH I BELIEVE DESCRIBES YOUR GREENHOUSE EXPERIMENT. IS THAT RIGHT? A. YES. Q. CAN YOU JUST START OUT IN THE VERY BEGINNING AND TELL ME WHAT WAS THE PURPOSE OF THIS ENTIRE EXPERIMENT? A. WELL, PEOPLE HAVE LOOKED AT THE EFFECTS OF PHOSPHOROUS; FEWER PEOPLE HAVE LOOKED AT THE EFFECTS OF FLOODING ON SAWGRASS. AND SO WE THOUGHT IT WOULD BE INTERESTING TO LOOK AT THE INTERACTIONS OF THE TWO AND SEE IF THERE WAS AN EFFECT ON SAWGRASS GROWTH, AND NUTRIENT UPTAKE. Q. THAT YOU COULD SOMEHOW QUANTIFY BACK TO EACH OF THESE VARIABLES? A. YES. Q. AND WHAT WAS YOUR HYPOTHESIS? A. MY HYPOTHESIS WAS THAT HIGH LEVELS OF PHOSPHOROUS AND DEEP LEVELS OF WATER WOULD HAVE AN ADVERSE EFFECT ON THE SAWGRASS GROWTH. LET ME BACK UP MS. SUTTER PAGE 69 AND SAY WE LOOKED ONLY AT SAWGRASS, AND NOT AT A COMPETITION SAWGRASS -- AT ANOTHER SPECIES, FOR EXAMPLE, CATTAIL, WHICH IS OF GREAT INTEREST IN THE EVERGLADES. WE LOOKED AT JUST SAWGRASS TO SEE IF THERE WAS A DIRECT IMPACT ON THIS SPECIES ALONE. Q. AND HOW DO YOU THINK THAT INFORMATION WOULD BE USEFUL? A. WELL, IF SAWGRASS RESPONDED ADVERSELY TO THESE CONDITIONS, ONE MIGHT SUGGEST THAT THE PLANT DOES NOT DO WELL IN THESE CONDITIONS. IF THE PLANT DID FINE IN THESE CONDITIONS, AT LEAST TO OTHER STUDIES THAT MIGHT INTRODUCE CATTAIL AS A MORE COMPETITIVE SPECIES, BUT I DID NOT LOOK AT THAT. Q. I'M SORRY. WOULD YOU REPEAT THAT AGAIN? I'M NOT UNDERSTANDING. I'M NOT UNDERSTANDING WHAT YOU'RE SAYING. A. IF ONE LOOKED AT A DIRECT EFFECT ON SAWGRASS--- Q. RIGHT. A. ---IN THESE CONDITIONS AND IT DOES NOT DO WELL, ONE CAN INVOKE THAT SAWGRASS DOES NOT DO WELL BECAUSE OF THESE CONDITIONS. Q. RIGHT. A. IF ANOTHER SPECIES IS PRESENT, FOR EXAMPLE, MS. SUTTER PAGE 70 CATTAIL--- Q. UH-HUH (YES). A. ---YOU MIGHT SUGGEST THAT IT IS NOT THE CONDITIONS THAT ARE CAUSING THE POOR -- THE ADVERSE EFFECT--- Q. RIGHT. A. ---OR THE POSITIVE EFFECT, WHATEVER IT MAY BE, IT WAS THE OTHER SPECIES THAT OUTCOMPETED OR PERFORMED BETTER OR WORSE IN THESE CONDITIONS. IT WOULD BE A RELATIVE COMPARISON. Q. DID YOU FIND THAT SAWGRASS DID ADVERSELY AT HIGH LEVELS OF WATER -- OR DEEP WATER, I THINK YOU SAID, AND HIGH LEVELS OF PHOSPHOROUS? A. I DID NOT FIND A DIRECT EFFECT THAT ONE WOULD LOOK AT THE PLANT AND SEE THAT. Q. ALL RIGHT. LET ME ASK YOU THIS. I GUESS I NEED TO BACK UP. WHAT IS AN ADVERSE EFFECT? A. IN THIS STUDY, AN ADVERSE EFFECT WOULD BE DIRECT DEATH OF THE SAWGRASS PLANT, LOWER GROWTH, OR SOME OTHER QUANTIFIABLE -- IN THIS STUDY, IT WAS GROWTH, BECAUSE WE WERE LOOKING AT SAWGRASS GROWTH AND NUTRIENT CONTENT--- Q. OKAY. A. ---SO IF YOU SAW NO GROWTH, OR IF YOU SAW NO NUTRIENT CONTENT IN THE SAWGRASS PLANT, YOU WOULD MS. SUTTER PAGE 71 EXPECT -- YOU WOULD CONSIDER THAT AN ADVERSE EFFECT. Q. ARE THESE MANAGEMENT CONCEPTS, MS. SUTTER? A. ARE WHAT MANAGEMENT CONCEPTS? Q. WHETHER SOMETHING IS AN ADVERSE EFFECT OR NOT? A. I BELIEVE SO, AND I BELIEVE IT'S ALL RELATIVE, YES. Q. SO, THERE WAS NO EFFORT IN YOUR PARTICULAR EXPERIMENT TO MIMIC WHAT MIGHT HAVE BEEN THE AVERAGE OR NORMAL GROWING CONDITIONS OF SAWGRASS IN THE EVERGLADES. IS THAT RIGHT? A. THAT'S PARTLY TRUE. Q. WHY ONLY PARTLY? A. WE CONTROLLED TEMPERATURE AND PHOTO PERIOD TO THE -- TO THE AVERAGE IN THE EVERGLADES. HOWEVER, IN AN EXPERIMENT SUCH AS THIS, YOU ARE TRYING TO ISOLATE CERTAIN PARAMETERS, IN OUR CASE, TREATMENT AND DEPTH, AND IT IS NOT POSSIBLE TO RECREATE THE ENVIRONMENT THAT PLANTS WOULD FIND IN THE EVERGLADES PROPER. Q. OKAY. YOU SAY THAT YOUR TEMPERATURE WAS THE AVERAGE. WHAT WAS THE TEMPERATURE AGAIN? A. I REFER YOU TO MY DOCUMENT. Q. SURE. YOU SAID IT WAS TWENTY-EIGHT DEGREES MS. SUTTER PAGE 72 CENTIGRADE, WHICH WOULD BE APPROXIMATELY WHAT FAHRENHEIT? WELL, WHATEVER, ALL RIGHT. IT'S TWENTY-EIGHT DEGREES CENTIGRADE. HOW DID YOU DECIDE THAT WAS THE AVERAGE OF THE EVERGLADES? A. BASED ON TEMPERATURE DATA, JUST WHAT THE NEWS PEOPLE SAY IS AVERAGE TEMPERATURE IN FLORIDA. Q. DID YOU GO BY THE NEWSPAPERS? A. NO, I DIDN'T. Q. I MEAN, HOW DID YOU COME UP WITH THIS AVERAGE TEMPERATURE FOR THE EVERGLADES? A. BASED ON RECOMMENDATIONS WITH DISCUSSIONS OF DR. RICHARDSON AND DR. CRAFT. Q. SO, DR. RICHARDSON AND DR. CRAFT ESSENTIALLY MADE THAT DECISION FOR TEMPERATURE? A. YES. AND I MIGHT ALSO ADD THAT THAT WAS ALSO WITHIN THE GREENHOUSE ABILITY. IT'S TOUGH FOR THEM TO MAKE IT NINETY-FIVE DEGREES THREE MONTHS OUT OF THE YEAR, AND THEN -- BECAUSE THERE ARE ALSO OTHER PLANTS GROWING IN THE SAME HOUSE THAT I WAS IN, SO EVERYBODY WHO WAS IN THE PARTICULAR GREENHOUSE I WAS IN HAD TO HAVE SIMILAR TEMPERATURES. Q. SO, YOU HAD TO BASE THE TEMPERATURE FOR YOUR EXPERIMENT BASED UPON SOME AVERAGE TEMPERATURE MS. SUTTER PAGE 73 THAT ALL THE EXPERIMENTS GOING ON IN THAT PARTICULAR ROOM NEEDED? A. NO. WE PUT OUR EXPERIMENT IN A ROOM--- Q. RIGHT. A. ---THAT HAD AVERAGE TEMPERATURES THAT WE NEEDED, BASE ON WHAT WE FELT WERE AVERAGE TEMPERATURES, WHICH, GIVEN THE AMOUNT OF WORK THAT DR. RICHARDSON AND DR. CRAFT HAVE DONE IN THE EVERGLADES, I FEEL QUITE COMFORTABLE WITH THEIR ASSESSMENT OF THE TEMPERATURE. Q. OKAY. SO, YOU REALLY DON'T KNOW HOW THEY CAME UP WITH THAT AVERAGE TEMPERATURE. IS THAT RIGHT? A. I THINK IT WAS JUST BEST PROFESSIONAL JUDGMENT. Q. BUT I'M ASKING, DO YOU KNOW HOW THEY CAME UP WITH THE AVERAGE TEMPERATURE? A. THEY DIDN'T COME UP WITH IT AND GIVE IT TO ME--- Q. RIGHT. A. ---WE CAME UP WITH IT TOGETHER. AND I DON'T REMEMBER EXACTLY HOW WE CAME UP WITH IT. Q. OKAY. WAS IT THE TEMPERATURE THAT WAS ALREADY IN THAT GREENHOUSE ROOM, OR WAS THAT A TEMPERATURE THAT YOU COULD OBTAIN IN THAT GREENHOUSE ROOM? MR. HYDE: I THINK THAT'S BEEN ASKED AND ANSWERED. MS. SUTTER PAGE 74 A. I HAVE TO FILL OUT A SHEET BEFORE I CAN GET SPACE IN THE GREENHOUSE. Q. RIGHT. A. I TELL THEM WHICH TEMPERATURES I WOULD LIKE, AND THEY TELL ME IF THEY HAVE SPACE. SO BASED ON THAT INFORMATION--- Q. OKAY. A. ---I WOULD EXPECT THAT THEY GAVE ME A ROOM IN THE GREENHOUSE BASED ON THE TEMPERATURE I REQUESTED. Q. DID YOU REQUEST A SPECIFIC OR DID YOU REQUEST A RANGE? A. I REQUESTED A SPECIFIC RANGE. Q. WHICH WAS? A. PROBABLY TWENTY-SIX TO THIRTY DEGREES C. Q. OKAY. AND WAS YOUR EXPERIMENT THE ONLY EXPERIMENT IN THAT ROOM IN THE GREENHOUSE? A. NO, IT WAS NOT. Q. WHO ELSE HAD EXPERIMENTS IN THAT ROOM? A. NO -- NOT -- AT THE TIME THAT MY STUDY BEGAN, THE OTHER PEOPLE INVOLVED WERE NOT WITH THE WETLANDS CENTER. THE BOTANY GREENHOUSES ARE AVAILABLE TO ALL DUKE STUDENTS. Q. OKAY. MS. SUTTER PAGE 75 A. I DON'T KNOW WHO HAD THE OTHER EXPERIMENTS. Q. ALL RIGHT. AND YOU HAD -- YOU SAID AN AVERAGE -- I'M NOT EXACTLY SURE WHAT YOUR WORD WAS. BUT ANYWAY, THE TIME, THE PHOTO PERIOD IS WHAT I'M DRIVING AT, HOW DID YOU COME UP WITH YOUR AVERAGE PHOTO PERIOD? A. BASED ON AVERAGE -- THE SAME AS THE TEMPERATURE, AVERAGE PHOTO PERIODS IN THAT LATITUDE. Q. I'M SORRY. I MEAN, I HAVE TO BE HONEST WITH YOU, YOU SAID YOU DON'T RECALL EXACTLY HOW YOU CAME UP WITH THE AVERAGE TEMPERATURE, YOU DON'T RECALL HOW YOU CAME UP WITH THE AVERAGE PHOTO PERIOD? A. WELL, AGAIN, WE SAT AROUND DISCUSSING, LIKE MANY ACADEMICIANS DO, WHAT THE AVERAGE IS. WE MAY HAVE REFERRED TO DOCUMENTS AT THAT TIME. WE MAY HAVE REFERRED TO WHAT THESE TWO ESTABLISHED SCIENTISTS KNEW. Q. BUT YOU DON'T RECALL? A. NO. Q. ALL RIGHT. YOUR -- THE ANNUAL REPORT, WHICH IS REALLY THE COPY THAT I'LL BE WORKING FROM, BUT YOU SAY THAT'S NEARLY IDENTICAL TO THE DRAFT THAT YOU'VE PRODUCED, THE ANNUAL REPORT FROM THE DUKE WETLAND CENTER FOR OCTOBER 1992 INDICATES THAT YOU MS. SUTTER PAGE 76 HAD A SIXTEEN HOUR PHOTO PERIOD. IS THAT ACCURATE? A. IS THAT ACCURATE TO WHAT I HAD IN THE GREENHOUSE? Q. YES, MA'AM. A. YES. Q. ALL RIGHT. DID THAT -- WAS THAT ON AND OFF -- JUST -- DID THE LIGHTS JUST COME ON FOR SIXTEEN HOURS STRAIGHT? A. YES. Q. AND THEN THEY WOULD JUST SHUT OFF AFTER SIXTEEN HOURS? A. THAT'S CORRECT. Q. OKAY. CAN YOU EXPLAIN TO ME WHY YOU CHOSE AN ON AND OFF PROCESS? A. HOPEFULLY TO SIMULATE DAY AND NIGHT. Q. WELL, BUT DAY AND NIGHT DON'T COME ON AND OFF, THEY SHADE IN AND THEY SHADE OUT, SO WHY DO YOU HAVE IT COME ON AND OFF DIRECTLY? A. THOSE WERE -- THOSE WERE THE CONDITIONS AVAILABLE TO US. TO MY KNOWLEDGE, THE GREENHOUSE DIDN'T HAVE A GRADUAL FEED. Q. ARE THERE GREENHOUSES THAT HAVE GRADUAL FEEDS? A. I DON'T KNOW ENOUGH TO ANSWER THAT QUESTION. Q. OKAY. DID YOU HAVE ANY HUMIDITY CONTROL? MS. SUTTER PAGE 77 A. NO, I DID NOT. Q. OKAY. DID YOU MEASURE ANY HUMIDITY? A. NO, I DID NOT. Q. IN A -- DO YOU UNDERSTAND THE EVERGLADES TO BE AN OLIGOTROPHIC SYSTEM? A. NO, I DO NOT. Q. ALL RIGHT. WHAT IS YOUR UNDERSTANDING OF THE EVERGLADES, AS AN OVERALL SYSTEM? DO YOU HAVE ANY UNDERSTANDING OF THE EVERGLADES--- A. NO. Q. ---AS A SYSTEM? A. NO, I DON'T. Q. NO, YOU DON'T? A. (NODS AFFIRMATIVELY.) Q. OKAY. SO YOU HAVE NO KNOWLEDGE THAT IT'S AN OLIGOTROPHIC SYSTEM? A. THAT'S CORRECT. Q. OKAY. OKAY. ARE YOU AWARE THAT IN THEORETICAL OLIGOTROPHIC ENVIRONMENTS THAT LOW GROWTH IS NOT CONSIDERED ADVERSE? A. YES. I REFERRED TO THAT EARLIER SAYING THAT THAT MIGHT BE WHAT ONE WOULD CONSIDER AN ADVERSE EFFECT, BECAUSE ANOTHER SPECIES COULD TAKE OVER. IF ONE -- IF ONE ORGANISM IS NOT GROWING WELL, BUT MS. SUTTER PAGE 78 ANOTHER CAN, THERE IS POTENTIAL FOR THAT OTHER ONE TO TAKE OVER. AND I WAS JUST SAYING THAT WE MIGHT CONSIDER A LOW GROWTH OF SAWGRASS AN ADVERSE EFFECT. WE DIDN'T FROM EARLY ON SPECIFY WHAT AN ADVERSE EFFECT IS. WE JUST WANTED TO SEE WHAT THE EFFECTS WERE, TO SEE IF THERE WAS A DIFFERENCE BETWEEN TREATMENTS. Q. DID YOU SPECIFY LATER ON WHAT AN ADVERSE EFFECT WOULD BE? A. I DON'T BELIEVE SO. Q. HAVE YOU DONE SO SUBSEQUENTLY? A. NOT TO MY KNOWLEDGE. Q. OKAY. HAS DR. RICHARDSON DONE SO IN ANY OF HIS WORK? A. YOU'LL HAVE TO ASK DR. RICHARDSON. Q. YOU'RE NOT AWARE? A. I'M NOT AWARE OF ANY. Q. OKAY. DID YOU DO ANYTHING IN THE EXPERIMENT TO ELIMINATE COMPETITION FROM OTHER SPECIES SUCH AS SPONTANEOUSLY GREW FROM THE POTS? A. I DID NOT. WE HAD -- WE OBTAINED OUR SOIL FROM WATER CONSERVATION AREA 2B AND THE SOILS WERE LEACHED TO REMOVE ANY STANDING PHOSPHORUS THAT MAY HAVE BEEN FOUND IN THEM. WE DID NOT ANTICIPATE MS. SUTTER PAGE 79 GROWTH OF ANY PLANTS, OF ANY OTHER PLANTS, BESIDES SAWGRASS. Q. WHEN YOU SAY LEACH, DO YOU MEAN YOU JUST DRAINED ALL THE WATER OUT? A. NO, MA'AM, THEY WERE -- IT WAS KEPT WET AT ALL TIMES, BUT DISSOLVED DEIONIZED WATER WAS PASSED THROUGH THAT, UNTIL PORE WATER SAMPLES FOUND THAT -- WELL, WHAT WE EVENTUALLY REFERRED TO -- THE LOWEST WE COULD GET ANYTHING DOWN TO AT TIME ZERO, WAS POINT ZERO TWO (.02) PARTS PER MILLION, AND THAT WAS AFTER ABOUT SIX LEACHED -- LEACHING TIMES. Q. SO, IT TOOK YOU SIX WEEKS OF LEACHING WITH THE IONIZED WATER TO GET IT DOWN TO TWENTY PARTS PER BILLION? A. NO, I'M SORRY. I THINK I -- YOU MISUNDERSTOOD, SIX -- IT TOOK SIX PASSES THROUGH THE WATER, SIX LEACHINGS, NOT WEEKS. Q. OH. I'M SORRY. I'M SORRY. OKAY, SIX LEACHINGS TO GET IT DOWN TO 20 PPB? A. YES. Q. AND THAT'S TOTAL PHOSPHOROUS? A. MEASURED AS PHOSPHATE. Q. ALL RIGHT. WHAT WAS IT IN THE BEGINNING? MS. SUTTER PAGE 80 A. I CAN TELL YOU IF YOU LET ME LOOK IN MY LAB NOTEBOOK--- Q. OH, SURE, SURE. A. ---BUT I DON'T KNOW OFF THE TOP OF MY HEAD. Q. WHICH ONE? A. THE BLUE NOTEBOOK. Q. AM I CORRECT IN ASSUMING THAT YOU HAVE THIS MASS OF SOIL THAT YOU WERE TREATING AS A GENERALIZED MASS. IS THAT ACCURATE--- A. I--- Q. ---YOU DIDN'T DO EACH POTFUL, YOU DID THE WHOLE--- A. NO, I DID EACH POTFUL. Q. YOU LEACHED POTFUL SIX TIMES AND MEASURED IT UNTIL YOU GOT DOWN TO 20 PPB? A. THAT'S CORRECT. Q. AND THEN HOW DID -- HOW DID -- HOW DID YOU MEASURE THE 20 PPB? I MEAN, DID YOU GO DOWN THE FIVE CENTIMETERS, OR WHAT? A. NO. THAT WAS MEASURED IN THE WATER. Q. OKAY. THAT WAS COMING OFF? A. THAT'S CORRECT. Q. ALL RIGHT. WHAT D