Doctor's Disastrous Deposition Caught On Tape

This is why you pay extra to videotape depositions.

He couldn’t even get the oath right.

A couple of weeks ago, Enrico Fazzini, D.O. Ph.D., sat down for a deposition in Henderson, Nevada. Those are key details that Fazzini is going to angrily fight about all in the first minute of this wild abortive expert deposition. Fazzini is alternatively combative and disengaged throughout the 14 minutes of this planned two-hour talk, which ends with “loud voices” in the hallway between the witness and counsel and most everyone involved going on the record to express their belief that Fazzini was intoxicated for the deposition (UPDATE: Whoever put the original video link up has taken it down… alas this is why we can’t have nice things.)

I know it premiered almost 30 years ago, but, wow, Bart Simpson’s really let himself go. (UPDATE: The witness identified himself as “Bart Simpson.” You can’t see the video anymore, but suffice to say he looks more like a “Bort Simpson.”)

This is why you videotape a deposition. It’s an extra expense and dealing with video designations is more effort than cutting and pasting a transcript (though there are great products that make managing video deposition footage a snap like Opus 2), but it can capture so much that would be lost in a simple transcript. Take Fazzini’s left-handed oath, for example. Video may not be an expense you want to incur for a small matter, but if you can swing it, it’s worth it.

On the other hand (not a joke about the oath), “I have the [Loom?] records, that’s what makes the most of this f**king s**t thing” probably comes across pretty badly in a simple typed transcript.


HeadshotJoe Patrice is an editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news.

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