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In The Matter Of: State of Florida v. American Tobacco Company, et al. Carol J. Henry, Ph.D. July 31, 1997 A. William Roberts, Jr. &Associates 46A State Street Charleston, SC 29401 (803) 722-8414 FAX.• (803) 731-5224 Original File henrfl731.v1, 402 Pages Min-U-Script® File ID: 2098783215 Word Index included with this Min-U-Scripto CTR NN 0417 G-•f"

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I State of Florida v. Carol J. Henry, PhD. IAl Is7 (6) m I61 .::.nrrvzan Tobacco Company, et aL My 31, 1997 (11 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA m STATE OF FLORIDA, et al., l31 Page 1 (1) DEPOSITION OF: CAROL J. M. HENRY, Ph.D. (Z) DATE: Juy 31, 1997 (3) TIME: 10:08 AM (4) LOCATION: ANA Hotel 2401 M Slreet, N.W. (61 Washington, D.C. (6] TAKEN BY: Counsel lor the PlaintiHs (37 REPORTED BY: LEE A. BURSTEN. Registered Protessbnal Reporter Page 2 Plaintifls, vs. CASE NO. CL 95 1466AH AMERICAN TOBACCO COMPANY, et al., Detendartts. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS 191 THE STATE OF TEXAS. 1101 Plaintift, I>>1 vs. CA. No. 5-96CV91 1121 THE AMERICAN TOBACCO, et al., 1131 DelenCants. (141 (151 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA (161 ARCH. et al., 117) PlaintAts. It6) vs. Civil Action No. 965903-CN 1191 THE AMERICAN TOBACCO COMPANY, el al., IK1 DetenOants. (2t1 DEPOSITION OF: CAROL J. M. HENRY, Ph.D. RZ1 ;r; Cnarieston, SC Columbia, SC (2:1 (803) 722-8414 (803) 731-5224 I25) Greenviue. SC Charbtte, NC A. wm. Roberts, Jr. & Assoc. Min-U-Scnipto (3) Page 1- Page 2 E:""[°~' I~'I~~ ~~u~ 1'~`Eilic:`3

Carol J. Henry, Ph.D. July 31, 1997 (t) APPEARANCES OF COUNSEL• State of Florida. v. American Tobacco Company, et al. Page 3 j ~ (t) (Appearances continued.) Page 4 (Z) ATTORNEYS FOR THE PLAINTIFFS -and- (31 NESS, MOTLEY. LOADHOLT. RICHARDSON & POOLE I CLIFFORD E. DOUGLAS, ESQ. (41 BY: RONALD L. MOTLEY. ESQ. SUSAN NLAL, ESQ. (31 3189 Rumsey Drive Ann Arbor, Michigan (4) 48105-3437 (51 151 Meeting Street Suite 600 (313)332•0080 (5) (61 Charleston, South Carolina and . 29402 (61 (n (803) 720•9000 LEVIN, FISHBEIN, SEDRAN (8) • and - [7) 3 BERMAN (9) NESS, MOTLEY. LOADHOLT, BY: JONATHAN SHUB, ESQ. RICHARDSON & POOLE (8) Suite 600 320 Walnut Street (t0) BY: JOHN J. MCCONNELL. JR.. ESQ. (91 Philadelphia, Pennsylvania I 19106 (11) 321 South Main Street ;(101 Providence. Rhode Island (215)592•1500 I(t1) 1121 02940-6067 I ATTORNEYS FOR THE STATE OF FLORIDA (401) 521-9400 (1z( (13) MAHER, GIBSON AND GUILEY (tal ATTORNEYS FOR THE ARCH PLAINTIFFS (13) BY: MICHAEL MAHER, ESQ. (t51 WAITE. SCHNEIDER. BAYLESS, 90 E. Livingston & CHESLEY CO. L.P.A. (141 Suite 200 1161 BY: SHERRILL HONDORF. ESQ. Orlando. Florida 32801 Castano Tobacco Litigation P5S (407) 839-0866 (161 117) Energy Centre - 30th Floor 1100 Poydras Street ATTORNEYS FOR THE STATE OF TEXAS (ie] New Orleans. Louis ana (t7) I WAYNE REAUD. ESQ. 70163-3000 (te) 801 Laurel Avenue (i91 (zo] (504) 585-7920 - and - Beaumont,Texas 77701 (193 (409) 838-1000 f211 MELLON. WEBSTER & MELLON BY: CRAIG T. EDWARDS. ESQ. (201 ATTORNEYS FOR THE DEFENDANT (22( 87 N. Broad Street (21) R. J. REYNOLDS TOBACCO COMPANY Doylestown. Pennsylvania (22) JONES, DAY, REAVIS & POGUE (231 18901 BY: DAVID B. ALDEN. ESQ. (215) 348-7700 ' (231 North Point 901 Lakeside Avenue t24: (241 (Appearances continued on next page.) Clevetand. Ohio 44114 (216) 586-3939 (251 (ZS1 Page 3- Page 4 (4) Min-U-Scripto • A. Wm. Roberts, Jr. & Assoc. CT R N 14R 0 4 1 *?'? 0

State of Florida v. :4.-ner-~can Tobacco Company, et aL Page 5 (1) (Appearances continued.) ~ (11 m ATTORNEYS FOR THE DEFENDANT l31 BROWN & WILLIAMSON I m (3j (4) KIRKLAND & EWS I (4) BY: PAUL B. TAYLOR. ESQ. (s1 Isl 655 Filteenth Street. N.W. (61 Washington, D.C. 20005 (61 (202) 879-5222 m ATTORNEYS FOR THE DEFENDANT COUNCIL FOR (8) TOBACCO RESEARCH (9) DEBEVOISE & PLIMPTON BY: BRUCE G. MERRfTT, ESQ. ALAN H. SCHEINER, ESQ. 875 Third Avenue (11) New York. New York 10022 (212) 909-6830 (121 (131 ALSO PRESENT: (ul SCOTT L. FORMAN, Videographer (1s) SANDRA BURLEY, Paralegal Ness. Motley. Loadholt, (161 Richardson & Poole (171 1161 (191 Ip) 1211 fVl 1231 (24) RS) (INDEX AT REAR OF TRANSCRIPT) R51 MR. MOTLEY: My name is Ron Motley. I represent the State of Florida and the State of Texas, where this deposition has been noticed. My understanding is it's been cross noticed in other places.And Dr. Henry I bclieve has been subpoenaed both by the State of Texas and by the defendants. She was subpoenaed to turn over documents, and I would like to ask her - swear her in, plcase. We'll swear her in just for the purpose of turning over these documents. Whereupon - CAROL J. M. HENRY, Ph.D. a witness, called for examination, having been first duly sworn, was examined and testified as follows: EXAMINATION BY MR. MOTLEY: Q: Dr. Henry, just briefly, did you receive a subpoena to be here this morning? A: I did. fl: And did you receive a subpoena both from the State of Texas and from Council for Tobacco Research? Did you receive two subpoenas? A: I received two subpoenas. A. Wm. Roberts, Jr. & Assoc. Carol J. Henry, Ph.D. July 31, 1997 Page 6 0: And one of the subpoenas asked you to turn over documents? A: Yes. 0: Did you bring documents with you today? A: I did. Q: And where are they? A: They were being copied. MS. NIAL: They ie on their way now. THE WITNESS: I have a set. BY MR. MOTLEY: 0: Why don't you turn over your set for the record. MR. MERRITT: We'll swap it when you get the copy. MR. MOTLEY: For the record, Dr. Henry is turning over a set of documents to Council for Tobacco Research pursuant to the subpoena. Has anybody got any kind of silly statement they want to make on the record before we turn on the TV? I guess we'll turn the TV on now. THE VIDEOGRAPHER: Here begins videotape ntunber,volume number 1 in the deposition of Dr. Carol J. M. Henry in the case of State of Florida versus American Tobacco Company and the State of Texas versus The American Tobacco, ct al.Today's date is July 21st, 1997. The time is 10:11 a.m. My name is Scott Forman and I'm the vidcographcr. Starting with my right, would the counsel please state their names and whom they represent. MR. MOTLEY: My name is Ron Motley, and with me today are Susan Nial and Jack McConnell. We're partners in the law firm of Ness, Motley and others in Charleston, South Carolina, representing the State of Florida and the State ofTexas. MR. SHUB: Jonathan Shub, representing the Arch plaintiffs in the case pending in the Eastern District of Pennsylvania. MR. MAHER: Michael Maher, representing the State of Florida. MR. REAUD: Wayne Reaud, representing State of Texas. MR. EDWARDS: Craig Edwards, representing Arch plaintiffs, from Mellon, Webster & Mcllon. MS. HONDORF: Sherrill Hondorf, from Page 7 Page 8 Min-U-Scripto (5) Page 5- Page 8 um I-IN 0-41 1

Carol J. Henry, Ph.D. July 31, 1997 Waite, Schneider, Bayless & Chesley, representing Arch plaintiffs in Pennsylvania. MR. DOUGLAS: Cliff Douglas, representing Arch plaintiffs. MR. MERRITT: Bruce Merritt, from Debevoise & Plimpton, representing Council for Tobacco Research in Childs,Texas and Arch. MR. SCHEINER: Alan Scheiner of Debevoise & Plimpton, representing Council for Tobacco Research in Childs,Texas and Arch. MR. ALDEN: DavidAlden,Jones, Day, Reavis & Pogue, representing R. J. Reynolds. MR. TAYLOR: Paul Taylor, from Kirkland & Ellis, representing Brown & Williamson. THE VIDEOGRAPHER: Would the reporter hsl please swear the witness. . (171 Whereupon - (+el CAROL J. M. HFNRY, Ph.D. (+s( a witness, called for examination, having been 1201 first duly sworn, was examined and testified as (211 follows: (2z( BY MR. MOTLEY: (231 Q: Good morning, Dr. Hcnry. My name is 1241 Ron Motley from Charleston, South Carolina. Have [zs, you ever given a deposition before? A: No. Q: I would ask you to listen carefully to the questions, and if you do not understand the questions, just let me know and I'll try to rephrase it. I would also ask you to speak as loudly as you possibly can. Have you ever received a subpoena to be here today for this deposition? A: I have. 0: And the subpoenas were issued both by the lawyers representing the state governments and lawyers representing the tobacco industry? A: Yes. 0: So you're here pursuant to subpoena? A: Yes. Q: Dr. Hcnry, you and I have met on two occasions, is that correct? A: Yes. Q: Will you state your name and age for the record? A: Mv name is Carol Janice Morgan Henry, and I am 53. Q: Where were you born, Dr. Henry? A: Tampa, Florida. Q: Where did you grow up? Page 9 - Page 12 (6) State of Florida v. American Tobacco Companq,'et aL Page 9 I j vl A: Minnesota. Page 10 I(21 0: Are you married? (al A: I am. (al 0: And you received a BA in chemistry '(sl from University of Minnesota in 1966? (s( A: Yes. m 0: And a Ph.D. in microbiology from the (sl University of Pittsburgh in 1972? (sl A: Yes. (101 0: What is microbiology? („I A: It's the study of microscopic t+21 organisms. (131 MR. MOTLEY: Can we stop for one (+.) second? (IS) (Discussion off the record.) ps( BY MR. MOTLEY: (+71 0: It's the study of what, now? (isl A: Microscopic organisms. (,sl 0: For example? (zo( A: Germs, little bugs that live inside us t2+1 to help us live.They're ubiquitous throughout pal our world, and we need them to live. (zal 0: Did you take post Ph.D. training? (2.1 A: I did. i(zsl Q: Where? (,) A: First at the Max Planck Institute in m Germany, and biochemistry at Princeton University, pl and then ultimately at Sloan-Kettering Institute (.1 for Cancer Research in NewYork City. lsl Q: Sloan-Kettering is a name that may be (s( known to some of the jurors and the Court. Can m you telll a little bit about Sloan-Kettering and (el why you went there? tsl A: Sloan-Kettering, when I was there, was (+o( one of the areas or institutions where a lot of (I+( research was done for cancer research.And I was (+z( fortunate to receive an appointment to work in an (+31 area that was relatively new for me, but it was (1.l the study of chemicals and how they might be (+sI responsible for causing cancer. (1s1 This is back in the early '70s, when (171 much of our knowledge was just beginning to (1a1 emerge, and folks with training, scientists with (isl training in biochemistry and microbiology were (201 being drawn into this field to study how mi substances might be causing cancer in people. = 0: Did you considcr this somewhat of an ml honor, to be selected to go to a cancer center (z41 with the prestige of Sloan-Kettering? (zsl A: I did. Page 11 Page 12 Min-U-Scripte A. Wm. Roberts, Jr. & Assoc. C ~" ~' H~~ 0"- 1~f"` ~1~ `~;

State of Florida v. Carol J. Henry, Ph.D. American Tobacco Company, et aL July 31, 1997 t,l 0: What year was that, ma'am? (zt A: I think it was 1974 that I ended up at pi Sloan-Kettering.This is a long time ago, and (41 it's hard to always remember back then. But I (si think that was in 1974. (st 0: Are you a member of the American m College of Toxicology? [a] A: I am. (9] Q: And what is that organization? (+ot A: It is a professional society of (+It scientists who practice the field of toxicology. (,2) Toxicology is the study of- the scientific study r3t of poisons or substances that can cause reactions (+4t in people. t+st 0: And you are a diplomate in the t+sl American Board ofToxicology? pi A: Yes. (181 0: How did you become that? (+st A: Again, back in the 70s there was a rzot desire and need for scientists who practiced (z+t toxicology to be certified that their training and (zs( expertise had been shown to measure up to certain (z3t standards. Rd1 And in fact one has to sit for an exam (zs1 of two or three days' duration, and you are Page 13 i (,t A: Three years. (zt 0: Three years.And when I call you (at Dr. Henry, so that it's clear, you're not a (4i medical doctor? (sl A: No, I am not. I am a research - a (st doctor of philosophy. m Q: And you have specialized at least (at since the early '70s at one time in the study of (sn the cause of cancer? (,o1 A: Yes. (++1 Q: Doctor, did there come a time when you (+zt received as pan of your employment a contract (t31 from an organization called the Council for r4t Tobacco Research to study how cigarettes cause (+sl disease in humans? (,st A: There was a contract with an t+rl organization called Microbiological Associates, a (+at company that performs research under contract for (,g) both private sector and public organizations. I(zo) The contract was in place when I was R+I hired by Microbiological Associates to be a rrm project director under the contract that was in tml existence with Micro. j(z4) 0: What year was that, ma'am, that you 1(zst joincd Microbiological Associates? Page 15 Page 14 (+t recertified every five years that your knowledge (z1 is current and acceptable. ;3t 0: And you've been a diplomate of the (<( American Board of Toxicology since what year? (s) A: I think it was 1985, '83 or '85, (sl someplace back then. m 0: What is your present occupation? [a] A: I am the director of health and (sj environmental sciences for the American Petroleum (+oi Institute, a trade association of the petroleum pq industry for the United States. (+z; Q: And have you served in any capacity (+at with the United States Government? (+at A: I have. In M ay I left my position as l+sl Associate DeputyAssistant Secretary for Science 1161 and Technology in the Office of Ervironmental (,r, Management in the Department of Energy. r+s: That very long ticle is - describes a pg: posiuon I held in the Departmcnt of Energy for ;zc: the office that's concerned about cleaning up and ;z+: stabilizing the nuclear waste and contamination [zr, from the former activities of the United States e2s: performed in making and producing nuclear weapons. (z:; 0: And how long did you hold that (zsi position, Doctor? A. Wm. Roberts, Jr. & Assoc. i t+1 A: 1976. ~ m 0: And just briefly, I think you may have t3i already answered this, but just so the answer is (41 clear, Microbiological Associates is a research (sl organization, private? j(s1 A: It's a private but a for-profit m company that performs research and testing for (sl clients worldwide. (s) At that time they held contracts both I(+ot from the United States Government as well as from I(++1 other private sector organizations that were (+zt interested in research on a variety of areas, but (,3t ccrtainly understanding environmental chemicals or (+41 other substances and the potential toxic effects (,st of those substances. (+s( 0: What caused you to go to work for (,7l Microbiological Associates? (+e) A: During some of the work that I was (,st doing at Sloan-Kettering - and at the time one of Ipo) the major issues was using a chemical called rz+t benzo(a)pyrene.This is something called a (zzl polycyclic aromatic hydrocarbon that is produced p3t through combustion, meaning when you burn 1241 materials, benzo(a)pyrene is produced.You are (2sl able to also synthesize it. Page 16 Min-U-Scripto (7) Page 13 - Page 16 ~ ~~~~ 1''°'~N ~~4 ' ~. ~~`'~ ~3

~ C;arol J. Henry, Ph.D. State of Florida v. July 31, 1997 American Tobacco Compaak, et aL Page 17 pt It was being used as not only a model tzl chemical but as a chemical to test how this 131 might - how carcinogenesis rnight develop, because t<1 bcnzo(a)pyrcne was thought to be responsible for tsl some of these issues. [s1 One of the emerging sets of knowledge tn was that substances like benzo(a)pyrene required tai to be changed before it was actually really toxic [9t or potentially could cause cancer.And those tlol changes could occur by enzymes that are present in t++l all of us. 1121 Dr. Kouri and his colleagues at Micro t1a1 had done some of the very early and important work 1141 to show that these enzyme systems could what's tast called activate these chemicals to be znore closely t,st aligned with those chemicals that might cause tnl cancer. t1e1 What I was very attracted to Micro (191 about is that at the time much of the emphasis in izoi obtaining enzymes was from liver systems, and tz,l Micro offered the opportunity to really look at tzzt lung systems and a variety of other tissues to tzal really understand how this might work. 1241 Benzo(a)pyrene is present in air, it's 1251 present in tobacco smoke, it's present in many Page 18 tIl substances that arc burned. M MR. ALDEN: Move to strike the t31 narrative as nonresponsive to the question. 141 BY MR. MOTLEY: ls~ 0: Doctor, you took the opportunity then 161 to study bcnzo(a)pyrene as it affects, among other m things, the lungs? lel A: I did. [st Q: And the contract that was in place l,q with NlicrobiologicalAssociatcs was funded by what [++1 organization? (1z1 A: The Council for Tobacco Research. 1131 0: What was your responsibility in regard (.) to the contract between the Council forTobacco 1151 Research and Microbiological Associates? 11e) A: My responsibilities changed during the (171 time I R-as there. But what I ultimately ended up l,al doing nas being the project dircctor for the osi inhalation facility that was under development 120l when I arrived, and which was completed during my R11 time there. Rq 0: When you say "inhalation facility," (r31 please describe what that means to the Court and lzal the jurv. t2st A: One of the remarkable accomplishments t,l that this contract allowed was the development of m a stateTof the-art facility where materials that I t31 can be both aerosolized or in tobacco smoke could [•1 be delivered to animals in a way that was natural ~[sl in how the animals would breathe in materials. i ~ 161 And this required - so that it was m done reproducibly and rigorously, required the [at development of a facility that had many ~(57 engineering designs to it, so that it was done in ~ t+ot a very reproducible and responsible way. t>>l So the inhalation facility both housed t1zt the animals, had stateof-the-an equipment that n3t would generate smoke, cigarette smoke, as well as ti.l monitor the smoke. t+st 0: Did you believe that the work you were [+sl doing was important to the public health of this (171 country? (181 A: I did. ~1191 MR. ALDEN: Objection. Leading. tzol MR. MOTLEY: Excuse me one second. tz+t You're not allowed to make any objections in tzrt Texas. If you all want to preserve your tnl objections - 124) MR. ALDEN: Aren't we in Florida? tzsl MR. MAHER: Only as to form. ~ i MR. MOTLEY: What I was going to I m suggest is we adopt the Texas rule, and you can I r3l raise your objections at trial. Or I'll ask my II 141 Texas colleagues how they wish to handle this, tsl because any objection other than privilege is a 161 violation of the standing order in the Eastern m District ofTcxas. 161 MR. REAUD: I would suggest you all (9; agree they would not waive objections in Florida tlot if we follow the Texas rules. t„l MR. ALDEN: Can we have one minute to t,zt talk about that? 113) THE VIDEOGRAPHER: We're going off the 11.t record.The time is 10:24 a.m. (151 (Discussion off the record.) (,st MR. MOTLEY: Are we in agreement, we t,n will follow the Texas rules and you will waive t+el nothing? (,st MR. ALDEN: Yes. Can we make a video (20i statement on the record? ti1I MR. MOTLEY: Sure. tM THE VIDEOGRAPHER: We are back on the t2a1 record.The time is 10:27 a.m. rza1 MR. ALDEN: Based on the tzsl representation that there's an order in Texas that Page 17 - Page 20 (8) Min-U-Scripft Page 19 Page 20 A. Wm. Roberts, Jr. & Assoc. C`TR 11N 0417*1'-"~'

State oi Florida v. Carol J. Henry, Ph.D. Ame_.ican Tobacco Company, et aL July 31, 1997 [,t we are not allowed to make objections, and the m understanding that that would include all pt objections including leading, and that that would [4t apply to Florida,Texas, as well as Arch, which as [si I understand it arc all the cases in which this is [st cross noticed, we can agree - we will agree to m that. [ai MR. MOTLEY: Thank you very much. (e) BY MR. MOTLEY: 1101 Q: We just saved a lot of time, so you t,+t know. [12l A: Okay. 1+31 Q: Dr. Henry, so the jury will better t+41 understand, when you say an inhalation study and t,si animals and cigarette smoke, will you tie that all t,si together for us and explain how those studies are t+71 conducted? (,s1 A: Based on the issues that I had studied t,e; at Sloan-Ketteting and the importance of looking [zo] at chemicals that were present in the environment t2+t and of concern for public health issues such as w cancer, the position at Microbiological Associates rnt attracted me because I would be able to look at [24t such substances not only in the laboratory and in tzs[ vitro systems, but the inhalation facility - the Page 21 Page 23 [It smoke, because there are so many chemicals both in m the particulate and the gas phase, that the t3t animals are quite sensitive to nicotine. Nicotine 141 is a poison, it's actually used as a poison. [5-1 What we had to do was adapt or I tst habituate the animals to smoke so that they would m be able to tolerate the smoke and we could [si continue with the experiments. But this was a tei challenge. Different kinds of animals respond I t,ot differently to different doses of nicotine. [++l 0: Did you observe any changes in the [+2l animals' lungs shortly after they breathed the t+31 cigarette smoke? [14t A: Yes. t+sl 0: Would you describe that, please? i[,st A: The animals - it was rather p7l astonishing that even after very short exposures I[tet to cigarette smoke, that we could never hide from I[+st people which animals had been exposcd.The lungs ~pol on animals that are not exposed to smoke arc pink Irz+t and very clean looking. iwt And after a short amount of exposure, jrzi1 the lungs on visible examination had black flecks ~tz4t in it and were slightly brown, so that it was ~Rs7 clear that these lungs were different from the Page 22 ~ * inhalation facility was built so that we could m expose animals to cigarette smoke in a more t3; natural way. [4) This was very important, and there tst were not very many facilities like this available. [s; 0: And would you describe how the m inhalation chamber was configured? [a: A: We actually published a paper t3: describing the facility that required the t,o; collaboration of engineers in Brooklyn, engineers [1+! at the Oak Ridge National Laboratory. (12; And the cigarette smoke was generated [131 in ways that we assessed was as close to the way [1dJ humans smoke, and being fresh, whole tobacco smoke t,s; delivered to the animals as closely as we could to 116; how - so that there is an issue of how long n'; cigarette smoke is generated before it something [+a: called ages and changes its configuration, changes [+9l its particle size. tz~: All that was taken into account so we ,2-; could u•}• and attempt to deliver in a reproducible 122: n•ay the cigarette smoke. particulates and gas [23; phase, to the animals. [2:; Q: Did the mice like the cigarette smoke? ns! A: No.There are some issues about A. Wm. Roberts, Jr. & Assoc. ( I+t others. ~[zt 0: These lungs being the lungs of the - i(3t A: Of the smoke exposed animals. I t•t 0: The animals exposed to cigarette smoke ts) had visible changes? j [s; A: Ycs. is] I [9j Q: And you observed those yourself? A: Ycs. 0: Was that an indication of changes t,oi caused by smoke? [++t A: We were - it is a change caused by t+zt smoke.This was simply a visible change that a•e [+3i could observe in the animals after as short a t+41 period as three days. [+sl Q: Three days? Now, Doctor, was there a t,c person at the Council forTobacco Research that [+7l the scientists at Micro - can we just shorthand t,et and call it Micro? I[+9; A: Mm-hmm (affu-matively). iWO; Q: - that the scientists at Micro, ;zq including yoursclf, dealt R•ith on a frequent [2zt basis? I R3; A: When I arrived at Micro, our point of It24t contact - there were many people at the Council t2st forTobacco Research, but the person that we Page 24 Min-U-Scripft (9) Page 21 - Page 24 C`TRI-IN 041*7"j?'

Caro1 J. Henry, Ph.D. July 31, 1997 (,] intetacted with most was Dr.John Kreisher. (zl 0: And how do you spell his name? (a] A: K-R-E-I-S-H-E-R. ]<] 0: And describe how your professional (sl relationship with Dr. Kreisher was. (s1 A: Dr. Kreisher was a very energetic and M inspirational individual as well as being an (a] excellent scientist. He and Dr. Kouri and I (9) after - (+o] Q: How do you spell Kouri? (,I] A: K-QU-R-I.After somc time studying (+z1 this issue of animal models for exposure to smoke, (+3] diseases that might be caused by that, we t+•1 developed a chart to try and help us understand ns1 the various pieces that might - and parts that nsl might be responsible for causing carcinogenesis. (+7] And Dr. Kreisher was instrumental in (,8] helping - the three of us, actually, spent p9l several days trying to get this chart together. (m After or subsequently and at the same time we then (z,] identified researchers who could assist us in rrz] looking at those pieces. (za] So Dr. Kreisher was helpful in (z<] approaching other researchers so that we would (zs] have a whole group of people working on this, (Il together with Micro's inhalation facility being m the place where the animals were exposed and the [ai tissues from those animals were generated, and (a1 then we would send them out for research on these (s] issues, trying to understand the biologic activity (61 that cigarette smoke might have. m Q: Now, you've used the word [e] "carcinogenesis" several times, if I pronounce 191 that correctly.What does that mean? (1o1 A: Carcinogenesis is the process by which (++] cells become malignant, become cancerous. It's (i2] been studied for a long time, and we know that (1s1 there's a process of the cells changing and v•1 essentially losing their control and being able to (+si spread and invade other tissues and eventually (1s1 kill people. (+71 MR. MOTLEY: Would you mark this as pal Exhibit 1, please. 1+9( (Henry Deposition Exhibit Number 1 was (zol marked for identification.) (21] BY MR. MOTLEY: rni 0: Dr. Henry, I asked you earlier if you (z31 had met with me and my partners, Ms. Nial and (2a( Mr. McConnell, before.And I believe you said you as] had. Page 25 - Page 28 (10) State of Florida v. American Tobacco Compan~,'et aL Page 25 1 Page 27 I Vl A: Yes. ~(z] 0: Have you spoken with or met with prior t31 to today and since you left Micro any lawyers for ~ Ia1 the Council forTobacco Research? (s] A: I was contacted I think last summer by (s] either Mr. Scheiner or some of his associates, who p] informed me that I had been named in some of these (8] cases. Is] Q: Named as a witness? (,a] A: Yes. (1+1 0: Mr. Scheiner being the lawyer for (+z] Council forTobacco Research? (,31 A: Yes. (14] 0: Who is seated here today? (+s7 A: Yes. It's the first time I'vc met (+s1 him. (+7] Q: You've talked to him before? (,a] A: Yes. (+s1 Q: Now, I'm going to hand you Exhibit 1, ~(20] and I would ask you to show this to the camera. (z,] It's very complicated, and I'm not going to even (zz] ask you to pronounce the words on it, but I want (za] you to tell the jury what this is that I've just lz.l handed you, Exhibit 1. IRS) Page 26 i I (++1 A: Well, it is complicated, and it's Page 28 (+] complicated because cancer is a complex process. mAnd the body has many systems in which to try and t3] avoid having cancer develop.And what we're (.1 trying to understand and still trying to (s] understand is all the pieces and elements that ts1 might go into causing cancer to change. M And what these various arrows show is (e] what we postulated as being the elements that we (e] could study using the mouse as an animal model and understanding this a little bit better. In fact what astonishes me is that (iz] this chart, the elements in this chart, while (+3] developed many years ago, have essentially not (,a1 changed. In at least my understanding of this, (,s] we've refined, we've added information, but this I(+s] process of where one would go for the development pn of cancer is still fairly valid. (+e] 0: When you say "we," who is "we"? (,s1 A: Dr. - it says down here, or maybe rm] someplace - we published this in a volume trying (zi( to use this as a framework for us to think about. (zz( It was Dr. Kouri, Dr. Kreisher and I developed !zm this chart. (zq 0: Was Dr. Kouri from your experience a (zsl responsible scientist) Min-U-Scripto A. Wm. Roberts, Jr. & Assoc. C "`R ~'°`~N 0~' ~. '~ ~~ ~