This is the deposition of Norman Weistuch. Comments are in red and are preceded by an asterisk (*) for ease of searching. The names (of the parties and some others) involved have been changed. This web page will be updated later as time permits.

Supreme Court of New Jersey - Ward v. Zelikovsky, 136 N.J. 516 (1994):

Opinions -

“opinion statements, in contrast, are generally not capable of proof of truth or falsity because they reflect person's state of mind; hence, opinion statements generally receive substantial protection under law. U.S.C.A. Const.Amend. 1.”
In my opinion, Weistuch is absolutely incompetent, stupid, easily manipulated, and unprofessional. He should not be used by any attorney nor appointed by any court.

“True statements are absolutely protected under First Amendment. U.S.C.A. Const.Amend. 1.”

“In sum, speech that is true cannot be defamation, as the interests in communicating truth outweigh any indiviidual’s interest in his or her reputation”

I will let the reader determine the facts after reading the below.

1 SUPERIOR COURT OF NEW JERSEY

CHANCERY DIVISION - FAMILY PART

2 MERCER COUNTY

DOCKET NO. FM-23-11-06-D

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _

THOMAS SMITH,

Plaintiff, DEPOSITION OF:

6 vs.

NORMAN WEISTUCH,Ph.D.

7 SALLY SMITH,

8 Defendant.

9 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

11 --------------------

JANUARY 17, 2006

12 --------------------

14 Oral depositions were taken at the

15 law offices of DAVID PERRY DAVIS, ESQ., 112 West

16 Franklin Avenue, Pennington, New Jersey, before KIM A.

17 GHILARDI, License No. XI00765, a Notary Public,

18 Certified Shorthand Reporter of the State of New

19 Jersey and Registered Professional Reporter, on the

20 above date, commencing at 10:00 a.m.

22 TWIN COURT REPORTING, INC.

CERTIFIED SHORTHAND REPORTERS

23 11 JENNINGS DRIVE

ALLENTOWN, NEW JERSEY 08501

24 609-259-1228

(e-mail: foxtwincsr@aol.com)

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1 A P P E A R A N C E S:

4 LAW OFFICES OF DAVID PERRY DAVIS

112 West Franklin Avenue

5 Pennington, New Jersey 08534

BY: DAVID PERRY DAVIS, ESQ.

6 COUNSEL FOR PLAINTIFF

TEICH GROH

8 109 Franklin Corner Road

Lawrenceville, New Jersey 08648

9 BY: CAROL OSWALD, ESQ.

COUNSEL FOR DEFENDANT

16 TWIN COURT REPORTING, INC.

CERTIFIED SHORTHAND REPORTERS

17 11 JENNINGS DRIVE

ALLENTOWN, NEW JERSEY 08501

18 609-259-1228

(e-mail: foxtwincsr@aol.com)

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1 N O R M A N W E I S T U C H, Ph.D., 194

2 Nassau Street, Princeton, New Jersey, having been

3 first duly sworn according to law, testifies as

4 follows:

5 EXAMINATION BY MR. DAVIS:

6 Q Good morning. This is the deposition of

7 Dr. Norman Weistuch in relationship to Smith

8 versus Smith, which is FM-11-23-06-D. As you

9 know, my name is David Perry Davis. I represent

10 Thomas Smith in these proceedings. Let's start

11 at the beginning. Could you state for the record your

12 profession, please?

13 A Psychologist.

14 Q And are you a licensed clinical

15 psychologist?

16 A I'm a licensed psychologist.

17 Q Have you ever been deposed before?

18 A Yes.

* You be the judge.

Dr. Weistuch testifies that he cannot recall a single name of any case he's ever been involved with. Not one. Is it credible or is it perjury?

19 Q Can you think of any cases in which you

20 have been deposed?

21 A Not off the top of my head.

22 Q You can't recall a single case in which

23 you were deposed?

24 A Not off the top of my head.

25 Q Do you recall whether it was -- whether

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1 there were attorneys, the names of the attorneys that

2 were deposing you?

3 A Not off the top of my head.

4 Q Okay. Have you ever been cross-examined

5 in court before?

6 A Yes.

7 Q Can you think of any of the case names

8 in which you were --

9 A Not off the top of my head. You've been

10 warned about this, about my having to do research if

11 you were going to go here.

12 Q How many times have you been deposed?

13 A I don't recall.

14 Q How many cases have you testified in?

15 A About four or five.

16 Q Four or five times you have testified in

17 court?

18 A Something like that.

19 Q What counties have you testified in?

20 A I can't recall off the top of my head.

21 Q Okay. Have you testified in Mercer

22 County?

23 A Yes.

24 Q Have you testified before Judge LeWinn?

25 A No.

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1 Q Have you testified before Judge Ostrer?

2 A Yes.

3 Q Have you testified before Judge Grall?

4 A No.

5 Q Have you testified before Judge Ocurso

6 (ph)?

7 A No.

8 Q Have you testified before Judge

9 Blackburn?

10 A No.

11 Q Have you testified before Judge Kelly?

12 A No.

13 Q Have you testified before Judge Council?

14 A No.

15 Q Have you testified in Somerset County?

16 A Yes.

17 Q Have you testified before Judge Dilts?

18 A Not that I can recall.

19 Q Have you testified before Judge

20 Bartlett?

21 A Yes.

22 Q Have you testified before Judge Marino?

23 A No.

24 Q Have you testified before Judge Kumpf?

25 A No.

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1 Q Have you testified in Middlesex County?

2 A Not that I can recall.

3 Q Have you testified in Hunterdon County?

4 A Yes.

5 Q And do you recall what judges you

6 testified before?

7 A I just remember it was the judge before

8 Judge Herr.

9 Q Are you saying it was before Judge Herr

10 that you testified?

11 A Correct.

12 Q And you don't remember any of the case

13 names?

14 A No, not that I can recall.

15 Q And where did you go to college,

16 undergraduate?

17 A City College of New York.

18 Q Which location?

19 A Which location?

20 Q There are several, aren't there?

21 A Yes. Uptown. But actually it's not

22 called City College of New York any other place any

23 longer, if you want to be that specific.

24 Q What was your undergraduate major?

25 A Psychology.

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1 Q Were you employed when you were in

2 college?

3 A No.

4 Q All right. When did you graduate,

5 undergraduate?

6 A 1974.

7 Q And when did you begin graduate school?

8 A 1975.

9 Q And what is the degree that you were

10 awarded out of graduate school?

11 A Well, I have a degree that is an MSDC,

12 Master of Science in Education from City College of

13 New York and my Ph.D. from Penn State University.

14 Q Showing you a document I'm going to ask

15 to be marked for identification P-1, your curriculum

16 vitae.

17 (Curriculum vitae marked as Exhibit P-1

18 for Identification.)

19 Q Do you recognize this document to be

20 your curriculum vitae?

21 A Vitae, yes.

22 Q Now, your degree was as a school

23 psychologist?

24 A Correct.

25 Q And what is the difference between a

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1 school psychologist and clinical psychologist?

2 A There is a framework that is based on

3 schools and evaluation as well as work with children

4 and it used to be at the times that I was studying for

5 my degree, there was completely limited programs in

6 child clinical psychology and for those people who

7 were working with children and families, the

8 preferable road to go was school psychology.

9 Q Okay. Was it more of a focus on

10 academic issues?

11 A Absolutely no. It was an

12 interdisciplinary program and the focus was based on

13 certainly psychological assessment but the framework

14 of working with children and families allowed you to

15 take courses in a variety of different disciplines.

16 Q Did you graduate with any kind of

17 honors, magna cum laude, summa cum laude?

18 A To my knowledge, they don't have such a

19 framework when you graduate graduate school. Were my

20 grades within that range? Yes.

21 Q And what was the first employment after

22 you graduated?

23 A I was involved, well, when you say

24 graduation, that's a little bit vague.

25 Q Let me back up for a second. When did

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1 you complete your classes for your doctorate?

2 A My classes were completed in 1980. And

3 the first job I held required an internship, that's a

4 doctoral level internship working for Carbon Lehigh

5 Intermediate Unit in Lehigh County. Actually, Carbon

6 and Lehigh Counties in Pennsylvania.

7 Q Carbon Lehigh Intermediate Unit?

8 A Um-hum.

9 Q Obviously your C.V. doesn't reflect

10 that.

11 A I have two C.V.s since I do matrimonial

12 work as well as work in the schools and I keyed in to

13 be specific to the things that are related to whatever

14 it is I am doing.

15 Q Did you write a dissertation for your

16 doctorate?

17 A Yes.

18 Q And when was your doctorate degree?

19 A 1987.

20 Q So it was seven years between completing

21 the classes and having a degree awarded?

22 A Um-hum. Which is not uncommon.

23 Q What was the topic of your dissertation?

24 A It was the role of school psychologists

25 and history of special education in the Commonwealth

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1 of Pennsylvania.

2 Q And that would be also the name of it, I

3 assume?

4 A That was the name of it.

5 Q Now, when were you licensed in the State

6 of New Jersey?

7 A 1990.

8 Q Just to clarify, I'm talking about

9 licensed as a psychologist.

10 A Yes.

11 Q And what organizations license you? Is

12 it the state?

13 A Um-hum.

14 Q Are you licensed by any other

15 organization?

16 A No. I mean, when you say license, no.

17 There is a certification as a school psychologist

18 which is also by the State of New Jersey.

19 Q And you also hold that certification?

20 A That is correct.

21 Q Have there been any complaints filed

22 against you?

23 A Yes.

24 Q And how were they resolved?

25 A Every single one was dismissed. As you

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1 are, I am sure, aware, there is a high degree of that

2 in matrimonial work in this state.

3 Q About how many complaints were

4 dismissed?

5 A I believe it was five.

6 Q Do you recall the names of any of the

7 people that filed the complaints?

8 A No, I do not. Not without research.

9 Q So you went through the entire Complaint

10 procedure, a Complaint was filed and served on you and

11 you answered the Complaint?

12 A Yes.

13 Q You defended yourself?

14 A Yes.

15 Q Did you defend yourself without an

16 attorney?

17 A No. On a couple of occasions yes and

18 most occasions, no.

19 Q Who was the attorney that you used?

20 A I don't see the relevance of this.

21 Q Who is the attorney that you used,

22 please?

23 A It was Christopher Barbrack (ph) but I

24 don't see the relevance of this.

25 Q And you don't recall after going through

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1 the entire process any of the names of any of the

2 complainants?

3 A No, I do not.

4 Q Are you a member of the American

5 Psychological Association?

6 A Yes.

7 Q And the New Jersey Psychological

8 Association?

9 A Yes.

10 Q How long have you been a member of each,

11 first the American?

12 A I can't recall the date.

13 Q Year?

14 A I can't recall the year. It's been a

15 long time.

16 Q When you say a long time, five year, ten

17 years?

18 A No, it is about since the time I was

19 licensed, give or take.

20 Q Now, you indicate on your C.V. that

21 you're a school psychologist part-time for the Midland

22 School?

23 A In the past.

24 Q Okay. And when was the last time you

25 did any work for them?

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1 A It says it right on the C.V., 1992.

2 Q And that was from 1989 to 1992?

3 A That's what it says.

4 Q And is that a yes?

5 A That's a yes.

6 Q And why did you stop working for the

7 Midland School?

8 A Because they had full-time employment to