- 4 days ago
Category
✨
PeopleTranscript
00:00Mr. Williams, according to your complaint, sir, you were hired by the defendant as a drummer in his band.
00:05That's correct.
00:06And the band was going on tour.
00:08That's right.
00:09Your complaint states that he breached your contract by firing you prior to the tour,
00:15that he owes you a substantial amount of money for that, and that in addition, he assaulted you.
00:20And as a result of that, you had substantial medical bills.
00:24That's right, Your Honor.
00:25In March of 97, I was hired by Mr. Lydon.
00:30I went to his house.
00:31He had invited me over to hear his CD, to listen to it.
00:35And after we had talked, he had hired me, and I began working on his music at my house about a month later after that.
00:43It was nice.
00:45Mr. Lydon, listen to me, sir.
00:47I'm going to give you an opportunity to tell me your side of the story, all right?
00:50Fine.
00:50Right now, plaintiff is trying to present his case, and I'd like you to let him do that in an orderly fashion.
00:55Go ahead.
00:55I was hired in March.
00:56I started working on the music in April after he had given me a copy of his CD and brought it to my house and started working on it.
01:02There's no question, sir, that you worked, and I believe that Mr. Lydon acknowledges that you worked.
01:08You were working in rehearsals, participated fully with the project.
01:11It's his defense to this action that, A, you were impossible to work with because you were a prima donna, that you violated several verbal agreements that you had with him, and that, in fact, he really didn't fire you, but you quit.
01:24Well, that's not true at all, Your Honor.
01:24Oh, yes, it is.
01:25Sure, sir.
01:27Now, Mr. Williams.
01:28Now, Your Honor, if I may.
01:29So, Mr. Williams, because I have a lot of cases to do today, sir, I'm going to move you along a little bit.
01:34Right.
01:35So, let's get to this breach.
01:36Okay.
01:37When did the breach occur, according to you?
01:39The day after the battery at the Japanese restaurant, we had had a meeting.
01:44And how much prior to your leaving on the tour was this meeting?
01:48It was about three days before the tour.
01:50And how long had you been in rehearsal?
01:52Since July 11th.
01:53From July 11th, the battery occurred.
01:56Since July 11th, from July 11th to when, sir?
01:58Until the 30th of July.
02:01And you got paid for the rehearsal time?
02:03I did.
02:04Okay.
02:04Now, you had this meeting, and according to both of you, this meeting was because there had been some strain in the relationship that you were having with both Mr. Lydon and his manager.
02:14If I may, Your Honor.
02:15There were several misunderstandings that were happening, promises that he had made from his management or from him himself that were breached.
02:22And that was why I asked him in this meeting, actually in a fax that I had sent to him, that I wanted to have our contract in writing.
02:29Because a guitar player who worked for him ten years ago had done a U.S. tour for him and hadn't gotten paid for it when he had gotten back from the tour.
02:36That's hearsay.
02:36Proof, please?
02:37Just a second.
02:38I'd like proof of that.
02:39Mr. Lydon.
02:40Well, actually, when I had brought that up to his younger...
02:41Now, listen to me.
02:42Yes, ma'am.
02:43You cannot bring in through the back door of a trial hearsay.
02:47Oh, I'm not using this as evidence, Your Honor.
02:49I'm only using this as a reason.
02:50Good.
02:50Then if you're not using it as evidence, Mr. Lydon, if you can't behave, sir, I'm going to show you the door.
02:57So you have to be quiet.
02:58I will be very quiet, I promise, until it is my turn.
03:00Good.
03:01Let me see a copy of your fax, sir, that you sent to him.
03:06Here it is.
03:09Now, Your Honor...
03:10Just a second.
03:11Okay.
03:13The one thing that's in this letter that you addressed to Dear John is that you want your own hotel room.
03:33Right.
03:33Now, this seems to be a bone of contention, because according to Mr. Lydon, it was never his intention or the intention of his organization
03:41that members of the band have their own hotel rooms.
03:44Well, I had found out maybe a week before we were leaving for the tour that it was going to be three musicians sharing one hotel room with two beds
03:52and that the band, the crew, was going to be using the shower.
03:54While Mr. Lydon would have his own suite, the tour manager would have his own room, and his bodyguard, John Lydon's bodyguard, would have his own room.
04:01Now, at this meeting at the Japanese restaurant, I mentioned this to Mr. Lydon.
04:04And I said, you know, it's as if the musicians are fighting the war in the trenches for you while you're watching safely from the hill.
04:10Were you the only musician, Mr. Williams, that was complaining about these arrangements?
04:16Yes, I was.
04:16Okay.
04:17So, how many musicians were there in the band?
04:19There were just two other musicians.
04:20Now, he had said to me...
04:21Just a second.
04:22Three.
04:22He's excluding me.
04:24Well, let's exclude you for a moment.
04:25Let's see how...
04:26Because you weren't complaining about your accommodations, right?
04:28I'm not.
04:29Good.
04:30Now, he said, if I give you your own hotel room, Robert, I'll have to give it to them.
04:33And I said, well, it would be the only humane thing to do, because after each of these shows,
04:36we were to get on the bus and travel for seven or eight hours,
04:39and the band was going to be in such tight quarters for six weeks to eight weeks,
04:42you could go mad just not having your own space to be able to just get away from everything.
04:52I thought it was just a very humane thing to do for the band.
04:55All right.
04:55So, this is what you were discussing at the dinner.
04:57This is what I was requesting.
04:59The dinner was going along fine.
05:00We were talking about it.
05:01The subject came up about the hotel room.
05:03I mentioned to John.
05:04I felt as though the band was fighting a war for him while he was watching safely from the hill.
05:08This outraged him.
05:09He got up, took his cigarettes, walked past me.
05:11We were sitting across from each other.
05:13As he walked past me, snapped his finger against my ear.
05:16Now, I didn't do anything about it.
05:17What do you mean?
05:17Like a flick?
05:17Like this.
05:19Like a flick?
05:20Yeah, yeah.
05:20But it hurt, you know.
05:21Okay.
05:22You know, actually, it's a technique you have to develop, I guess.
05:25Anyway, I sat there.
05:27I wrote that off.
05:29And I got up, and I had my bag, and as I was tying my bag,
05:32he was standing to my left, and he lunged forward and head-butted me on the side of the head,
05:36leaving a large lump and a bruise on the side of my head.
05:38So, what did you do then, sir?
05:39I left the restaurant.
05:40And then what happened?
05:41Then I went home.
05:42The next morning, I got a call from the tour manager saying that I was going to be replaced.
05:46And I said to him, I said, come on now.
05:49You know, I'm willing to forgive and forget.
05:51You know, I don't want to be working for four months for this guy.
05:53And then three days before my salary triples, and I go out on the road to be able to showcase my drumming abilities,
05:59I get fired.
06:00I said, it's not fair.
06:02And I called and asked if someone would reason with John.
06:05And I called the two musicians.
06:07I called the personal manager.
06:08I called the tour manager.
06:08And I even spoke to John himself, who had said, oh, it's you.
06:12Leave me alone.
06:13I'm working.
06:14And that was the end of it.
06:14They got another drummer, and then they went out on their tour.
06:17Now, earlier that day before we had the meeting at the Japanese restaurant,
06:21my drums were loaded into a truck, and they were on their way to New Orleans.
06:23I didn't get my drums back for two weeks after that.
06:26And I got a receipt from a drum rental company that says that it would have cost $2,000 to rent these drums for two weeks.
06:33Now, I was without my tools and my trade in order to provide a living for myself.
06:38So he's adding insult to injury on this.
06:40Now, Your Honor, the reason why I came to your courtroom is because I know that you're a barometer for the truth.
06:44Listen to me, sir.
06:46I'm a barometer for the truth, but I also have a very short fuse.
06:49Stop!
06:50Say nothing else, Mr. Lydon.
06:52You have almost been very patient, sir.
06:56Almost.
06:57Well, as you can understand, Mr. Williams is a very difficult person to work with.
07:02And I think this is classic him.
07:04You evidently were taken with his abilities as a drummer, correct?
07:10Yes.
07:11And you hired him?
07:12Yes.
07:13And you had...
07:13A deal he agreed to financially right from the start, the second he accepted the first check.
07:18And in fact, in his facts, the last line of it says,
07:22hopefully this meets with your approval as it will be necessary for me to do this talk.
07:26That's right.
07:27If, if, if, if.
07:28Well, it wouldn't.
07:29I don't change deals once I've struck them.
07:32No, neither do I.
07:32He changed...
07:33Listen to me.
07:33You have to be quiet now.
07:34Yes, ma'am.
07:35He was quiet.
07:36He changed his mind.
07:38And he walked out on me that night.
07:40That left me lumbered with a lack of a drummer and a tour about to start.
07:46And this whole hotel stuff he's coming up with.
07:48You must understand, these are small nightclub gigs.
07:51And we're traveling vast journeys on a tour bus.
07:54We're not staying overnight in most of the towns.
07:57No, Mr. Lydon, I don't have a problem.
07:59There's no point in me wasting money on separate individual hotel rooms.
08:02I don't have a problem.
08:03When I'm perfectly able to share.
08:05And I'm apparently the pop star.
08:07Mr. Lydon.
08:08He...
08:08Mr. Lydon.
08:09Shh.
08:09Do me a favor.
08:11Don't talk over me.
08:12I'm not arguing with you with regard to the hotel room.
08:15Right, fine.
08:16I don't believe that you have...
08:16Where's the assault?
08:17Shh.
08:18I don't believe that you have any responsibility to provide him with an independent hotel room.
08:23And Mr. Williams, quite frankly, sir...
08:25Yes, ma'am.
08:26I think it's poor form to say to your boss,
08:30you got a nice room, which is really what you said to him.
08:33You got a nice room.
08:34You're sitting in a nice perch.
08:36And you're watching all of us plebeians, right?
08:40Living like sardines in a can, which is pretty much what you said to him, right?
08:43Right, in so many words.
08:44Well, you know, if you don't like the rules...
08:47Point taken, Your Honor.
08:47If you don't like the rules...
08:48If I may...
08:49No, you may not.
08:50I just...
08:50Listen to me.
08:51I listen to you.
08:52Now you have to listen to me and be quiet.
08:53So I'm not concerned about your hotel room.
08:56Right.
08:56Let's get to the assault.
08:58Mr. Lydon, I would like you to tell me your version of the assault, sir.
09:01No assaults.
09:02Absolute nonsense.
09:03The only bodily contact that there was of any kind at all was when I came back from the toilet.
09:10Our table was against the wall.
09:11My seat was in the furthest corner.
09:13He was sitting opposite.
09:15To get by him, had that much room.
09:27Your Honor.
09:27When it appears, Mr. Lydon, that you are winning, you're supposed to shut up.
09:37There are certain outstanding amounts of money that I question, and they're relatively minuscule.
09:43For instance, according to your complaint, they sent back your drums, and you were charged
09:48for some minor amount for a FedEx.
09:51Is that right?
09:52The drums were $2,000.
09:54The FedEx was $24.50.
09:56The drumsticks were $100.
09:57I want you to listen to me.
09:59Truth finder, were his drums used by anyone else on your tour, even for one day?
10:07No.
10:08That's not true, Your Honor.
10:09They were.
10:09But I'd like to know how we employed a drummer without his own kit.
10:12No, no, just a minute.
10:13Mr. Lydon, Mr. Lydon, that's not the issue, sir.
10:17You see.
10:18I know.
10:19Right.
10:19He's saying that we used his kit.
10:21I'm not the drummer.
10:22It's not true.
10:22Your Honor, I'm technician.
10:23Shh, listen to me.
10:24How would he know he wasn't even there?
10:26Hey!
10:27Shh.
10:32So is it possible that you used one or two of his things for one day?
10:37Or two days?
10:3899% no.
10:39But maybe you did.
10:42Nope.
10:43Your Honor.
10:43I wasn't there to see it.
10:45Okay.
10:45Now, when you got your stuff...
10:46My drums were tuned differently when I got them back home, and I don't tune them that way.
10:49Mm-hmm.
10:49Okay.
10:51One other thing, Mr. Williams, in total, from the time you started to work for Mr. Lydon
10:55and his company, how much money were you paid altogether?
10:58About $3,000.
11:01And I worked very hard for that.
11:02Absolutely.
11:03And I gave my days off.
11:04I worked on Saturdays and Sundays.
11:06Listen, that's what you do.
11:06Listen.
11:07I auditioned.
11:07That's what you do.
11:08You wouldn't believe what I've done for this guy.
11:09That's what you do.
11:10He attacks me, cheats me out of my money, and then lies about it.
11:15Mr. Williams, I want to tell you something.
11:17Usually, A, be respectful.
11:19I'm respectful in your house.
11:20Don't be disrespectful in my house.
11:24Mr. Williams, I want to tell you something.
11:27You know what the word nudnik is?
11:29Yes.
11:31I don't know if I could travel with you for four months, Mr. Williams.
11:35I'm really not sure.
11:36I'm sure you're a very nice gentleman, but you're a bit of a nudnik,
11:41and you want your rights, and you want things done your way,
11:44and you want things done in a certain fashion.
11:47This is a very strange business you're in, sir.
11:50I mean, I don't know from this band.
11:52The last band I heard was Lawrence Welk, right?
11:55Which is the other big band?
11:58I don't know.
11:59Guy Lombardo?
11:59Jimmy Dorsey, Tommy Dorsey.
12:01I mean, those are bands.
12:03But I understand that this is a very strange business.
12:06Right?
12:07Everybody dresses funny.
12:08They do their hair funny.
12:09I don't understand all this.
12:10But you clearly like things done in a very orderly, organized, fair fashion.
12:17That's right.
12:18Right?
12:18You should probably find another business,
12:21because they're not from this school that you're from, sir.
12:25Do you understand?
12:26I'm not satisfied, sir, that you were fired without cause.
12:30I'm not satisfied that you were, in fact, assaulted,
12:33because anyone that was assaulted in a way that you say you were assaulted
12:36would have reported first thing in the morning or an hour later to an emergency room,
12:40which you did not.
12:41I am therefore dismissing your lawsuit.
12:43That's all.
12:44If I desire excuse, you may step out.
12:46Fairly obvious conclusion.
12:47He got up.
12:54His head hit my chin.
12:56If anyone should do anyone for assault, it should be me to him.
13:00Oh, God.
13:00That's it.
13:01But I'm not petty and stupid, and I would never...
13:03No, what happened?
13:04Mr. Lydon.
13:05All right.
13:05You came...
13:06Mr. Lydon.
13:07Hey.
13:08Prove that.
13:09So, listen.
13:09Hey.
13:10I've got proof, Your Honor.
13:10Am I in charge?
13:11Just a second.
13:12I'm in charge of this asylum.
13:14Let's not forget that.
13:16That's right, Your Honor.
13:16Good.
13:17You had this meeting, I gather, to try to iron things out.
13:21That's right.
13:22Had you said anything to him, such as,
13:24I think it's best that we split up,
13:27I think it's best that you don't come on the tour.
13:28No.
13:28So, then you came back.
13:30That would be patently ridiculous, because I'm already financially committed to a tour.
13:34Of course.
13:34I understand that.
13:36But when you came back from the bathroom,
13:37I want you to tell me exactly what happened,
13:39and then exactly what was said.
13:41Well, he's back at the hotel stuff all over again,
13:44and unless his demands are met, he couldn't do the tour.
13:47Fine.
13:48They're not going to be met.
13:49What part of no, don't you understand?
13:51Then I won't do it, up he gets, off he goes.
13:54So, you said to him, what part of...
13:56Well, actually, if it's not true, how come everybody else there says it is?
13:59Mr. Lydon, don't talk...
14:00Because they're your employees.
14:02Gentlemen, talk to the judge, please.
14:04Yes.
14:05Thank you, Bird.
14:06You're welcome.
14:07Sorry, Bird.
14:10Your Honor, may I?
14:11I would like to submit some evidence.
14:13A police report and medical reports.
14:15I will look at it, sir.
14:15Okay.
14:16Just a second.
14:17Bird, would you get me that, would you get me those reports?
14:19If you talk to each other again, I'm going to throw you out of here.
14:22Do you understand?
14:23And it inures to your benefit, sir.
14:25Yes, ma'am.
14:25Not to do that, because if I throw you out, you don't have a chance.
14:28That's right, Your Honor.
14:28Good.
14:38Do you remember the date of this dinner, Mr. Williams?
14:41July 30th, 1997.
14:44According to this, you didn't go to the doctor until 8-8?
14:47That's right.
14:49Well, that's a full week and a day after this incident occurred, sir.
14:53Because I started getting headaches.
14:55Well, I don't understand what this says, sir, or the description.
14:59The discharge impression is SP trauma to left temporal region.
15:04I don't know whether he saw it or not.
15:06No, that's...
15:06That's what you were complaining of.
15:08It says description.
15:09It says no CO.
15:11I don't know what that means.
15:13So I would need somebody...
15:14I guess that was what they were...
15:15Whatever it is.
15:17It says that...
15:18Cat scan CO.
15:21Shh.
15:22It's the line.
15:23Don't be disrespectful, sir.
15:25I haven't disrespected you, have I?
15:27No, you haven't.
15:28Okay.
15:28So let's not be disrespectful.
15:29Apologies.
15:30In my home.
15:31Okay.
15:31It's not you I'm pointing that at.
15:33Okay.
15:34I mean, he's a nudnick.
15:35Okay, but you don't have to be disrespectful.
15:38My impressions of this case are when you go on tour with any kind of group, whether it's
15:43a family group or a business group, sometimes you can't help it if you've got a nudnick in
15:49your family.
15:50You know, you've got to take them along.
15:52But when you're going on a business group and you're going to be in very small quarters,
15:57you have to have some sort of reasonable working relationship.
16:01It seems clear to me that the two of you did not have that kind of relationship.
16:04Mr. Williams, you're starting to speak.
16:06That would be a very bad idea.
16:09You are an employee.
16:11He hired me especially because I've been with so many different bands.
16:14I've done this for so many years.
16:15Sir, he didn't hire you because you were a good cook like Martha Stewart.
16:18He hired you because you could play the drums.
16:20And I've done this for years.
16:20Of course, that's why he hired you.
16:22So listen to me.
16:22You were paid for your rehearsal time.
16:25There's no question about that.
16:26You were paid.
16:27The only thing that I have to determine is whether or not there was an assault, an assault
16:31sufficient to warrant damages.
16:36Were you gentlemen there during the course of this dinner?
16:38Yes.
16:40Both of you?
16:41Yes.
16:41Step up.
16:42Mr. Lydon, move over.
16:46Tell me your name, sir.
16:49Eric Gardner.
16:50And yours?
16:50Mr. Lydon, I'm your name, Mr. Lydon.
16:51What do you do for Mr. Lydon?
16:53I'm his tour manager.
16:54And you, sir?
16:55His manager.
16:56Tour manager and a manager, all these people that you pay Mr. Lydon, it's expensive.
17:01And none of them get their own day rooms.
17:03What?
17:04None of them get their own day rooms.
17:05What?
17:06None of them get their own day rooms.
17:07All right.
17:08Seriously speaking, did either of you two gentlemen witness this interchange that had to do with
17:17either head butting or head hitting the bottom of the chin?
17:19Did you witness that?
17:20No.
17:21No.
17:22We were talking to each other.
17:23Now, when Mr. Williams got up to leave, do you, what?
17:27Didn't he say that I flicked his ear and slapped the back of his head?
17:30Listen.
17:31He's not suing for flicking his ear and slapping the back of his head.
17:33He's saying he had a bruise on the front of his head.
17:34How did he get there?
17:35Because that's not what he was talking about.
17:37He's talking about something over here.
17:39Wow.
17:40And I don't know how that happened.
17:41Where the brain should be.
Be the first to comment