A forensic computer expert testified today that he doesn't buy the reasons given by a financial adviser to sports agency Athletes First explaining why he destroyed files on his computer the same day they were to be inspected under a court order.
Peter Garza, who has done computer work for the Defense Department and in lawsuits related to embattled energy trader Enron and its accountant, Arthur Andersen, said that David Hunnewell used a software program designed to destroy files on a hard drive rather than a program to hide evidence of Internet use.
Hunnewell, father-in-law of Athletes First executive Brian Murphy, previously testified that he ran the program to destroy evidence that he had visited adult Web sites.
Garza said that wasn't a reasonable explanation.
“It's much like if you have a Playboy magazine on your bookcase,” he testified. “You would not burn down the whole case.”
Garza added that the program Hunnewell used would not necessarily destroy evidence of Internet use.
Garza's testimony was part of the trial of a lawsuit filed by agent Leigh Steinberg against former partner David Dunn and Dunn's new agency, Athletes First. Steinberg is claiming breach of contract and unfair competition, among other things, because Dunn left the agency of Steinberg, Moorad & Dunn, taking a half-dozen employees and more than half of the firm's 86 NFL clients with him. Steinberg is seeking damages of more than $40 million.
Dunn denies wrongdoing and is countersuing for invasion of privacy and false advertising, seeking unspecified damages. Dunn and most of his associates resigned from Steinberg, Moorad & Dunn on Feb. 16, 2001.
Garza, who was on the stand all morning, testified that he searched the computers of former Steinberg, Moorad & Dunn employees who left the firm in 2001 to find evidence that they took and destroyed information from the firm.
Garza said he found several documents on the computer used by Brian Murphy, who was the vice president of Steinberg, Moorad & Dunn's football practice but is now CEO of Athletes First, that showed a plan to leave the company. Garza said he found a memo called “The Meal Memo” in a folder called “Lauren” in a file called “McKenzie's Schedule.” That memo, which Murphy wrote to his attorney before he left Steinberg, Moorad & Dunn, is perhaps the most powerful evidence Steinberg's attorneys have in their attempt to prove their claims of a blackmail plot against Steinberg and his firm.
In the memo, Murphy claimed to have information about Steinberg's sex life, alcohol consumption and use of prescription drugs, and speculated that Steinberg would not sue because he wouldn't want that information to become public.
Garza testified that Murphy tried to hide the file by naming the file and folder the way he did. Lauren is the name of Murphy's wife, and he has a daughter named McKenzie. He said Murphy usually gave files names consistent with their content.
Garza also testified that he inspected the computer of Erin Bohrnstedt, Dunn's assistant at Steinberg, Moorad & Dunn, and found that her computer had accessed clusters of files Feb. 15, the day before Dunn and his associates left the firm, in a pattern that indicated she was either copying or printing the files.
The files she accessed included a Rolodex of about 100 names and numbers of Steinberg, Moorad & Dunn clients and a list of clients by team.
Under cross-examination, Garza said there was no indication that Bohrnstedt had copied the files to a disk.
Garza testified that he also inspected the computer of Carmen Wallace, an assistant in Steinberg, Moorad & Dunn's football division, and found that the computer had accessed documents called “Money” and “Projections” on Feb. 14, 2001. Those documents, created by Murphy, listed names of Steinberg, Moorad & Dunn clients and projections of revenue the clients would produce.
Garza said he saw no evidence that those files were copied to a disk.
Mark Humenik, general counsel of Athletes First, said outside the courtroom that Wallace was not the one who used the computer Feb. 14 to view the documents. Humenik said the name of the person who used the computer would come out later in the trial.
Wallace has previously stated in sworn testimony that he decided to leave Steinberg, Moorad & Dunn on Feb. 18, a Sunday night, after he found out that Dunn had resigned the Friday before.
Some of Dunn's NFL player clients were supposed to testify this morning, but Dunn's attorneys told Judge Ronald Lew that they would not testify, in part because Steinberg's attorneys had objected to their testimony coming out of order while the plaintiffs were still presenting their case.
Outside the courtroom, Humenik said another reason was that at least one of the players was undergoing treatment for injuries he sustained in a game last weekend.
The next witnesses scheduled to testify are Joby Branion, an agent who left Steinberg's firm for Athletes First, and Wycliffe Grousbeck, a prospective owner of the Boston Celtics, who considered investing in Athletes First. Both will testify through videotaped depositions.
