Lies of omission involve the intentional exclusion of important information, whereas lies of commission involve the intentional generation of false information.” (Reference.)

In Dr. Nichopoulos’s November 1979 deposition for the ABC News lawsuit, there are some critical omissions in Nichopoulos’s responses to several questions, and the absence of this information creates a different perception of what Nichopoulos did and didn’t do the day Elvis died. For example, in response to a question about anyone Nichopoulos may have spoken to after informing Vernon and others of Elvis’s death, Nichopoulos said that he did not remember speaking to anyone other than those people in that room.

In response to a question about whether Nichopoulos went to Elvis’s upstairs bathroom where Elvis had been found dead several hours earlier, Nichopoulos said, “No.” When asked if he went to that room any other time that day, Nichopoulos said:

“I don’t remember if I went back to that room that day or not. I went back there at some time. I don’t remember whether it was that day or the following day or that night.”

The wording here is very interesting. First, when asked if he went to the room where Elvis was found dead, Nichopoulos states, without equivocation, “No.” The word “no” does not mean, “I don’t remember.” But then Nichopoulos pivots to, “I don’t remember,” and then, “I went back there at some time. I don’t remember whether it was that day or the following day or that night.” He has now dropped the emphatic “No” and momentarily shifted to the gray area of “I don’t remember.” But then, within seconds, he admits that he did go back to the room, only he qualifies the statement by saying he was not sure of when he went back to that room.

So we started with this:

Q: “Did you go to the room in which Mr. Presley was found dead?”

A: “No.”

And we ended with this:

A: (Paraphrasing) Yes, I went back there that afternoon, that night, or the next day.

This is a lot different than the initial denial that he returned to the room, isn’t it?

[And of course we should note the fact that Nichopoulos uses the word “back,” not once, but twice.]

Nichopoulos is then asked why he went back to the room, and he nods his head affirmatively when asked, “Just to see where he died?” Hmmm. Really?

The attorneys then ask Nichopoulos what he did, or with whom he conversed, after speaking with Vernon, and he says that he doesn’t remember; there were some people there, he continues, but doesn’t remember, “who I talked to directly.”

From Dan Warlick’s deposition:

But Dr. Nichopoulos doesn’t remember this. It’s worth noting because this interview took place upstairs in the general area of Elvis’s office, which is a very short distance from the bathroom in question. So Dr. Nichopoulos spoke with Vernon, then went upstairs (unaccompanied) for no apparent reason where he was interviewed by the investigator for the Medical Examiner’s office, and yet he (says he) remembers none of this.

Dr. Nichopoulos also does not remember this, from Sgt. John Peel:

That’s correct: Two interviews, no recall.

Then, in response to a question about Nichopoulos’s actions after informing Vernon and others that Elvis had died, Nichopoulos states that he returned to Baptist Memorial Hospital. He omits everything else.

The “I Don’t Remember” Parade

The Nichopoulos deposition is 120 pages, but the topic of Elvis’s heath/medical issues is not introduced until page 17. There are 24 lines per page. A good portion of the interview is the deposing attorney’s side of the questioning. Even so, how many times does Nichopoulos use the phrase (or variation of the phrase/meaning), “I don’t remember”?

Questions about Elvis’s hospitalizations and health conditions earlier in 1977: No use of the phrase, “I don’t remember.”

Questions about the events leading up to Nichopoulos’s arrival at Graceland around 2:45pm on 8/16/77: One use of the phrase, “I don’t remember,” regarding the alert from Graceland. (More on this later.)

Questions about the resuscitation procedures in the ambulance en route to Baptist Memorial Hospital: No substantive use of the phrase, “I don’t remember.”

Question posed to Nichopoulos about which hospital to transport Elvis to: The first signs of, “I don’t remember.” This is important.

Questions about the Harvey Team, the ED, the amount of time spent working on Elvis, the medical staff summoned to the ED: No use of the phrase, “I don’t remember.”

Questions about who was present in the room during resuscitation efforts: Recall weakens.

Question about whether the stomach was pumped: Dr. Nichopoulos says, “No, no.” This is also important.

Question about what Dr. Nichopoulos did after the pronouncement of death: Consistent use of, “I don’t remember.” In fact, starting at this point, we have the following (through the remainder of the deposition):

“I don’t remember.” “I don’t remember which one.” “I don’t remember.” “I just don’t remember.” “I don’t remember.” “I don’t recall.” “I don’t recall.” “I don’t remember.” “I’m not sure.” “I don’t remember.” “I don’t remember.” “I just don’t remember.” “I don’t recall.” “I don’t remember.” “I don’t remember too much about it.” “I don’t remember.” “I just can’t remember.” “I don’t remember.” “I don’t remember.” “I don’t remember.” “I don’t remember.” “I don’t recall any.” “I can’t remember.” “I can’t remember.” “I can’t remember.” “I’m not real sure.” “I’m not real sure.” “I think I probably gave it to someone in the emergency room.” “I don’t remember.” “I don’t have the vaguest idea.” “I can’t really remember.” “I just don’t remember.” “No, I’m afraid I don’t [recall].” “I don’t remember anybody.” “I think — I’m not sure.” “I don’t remember.” “I’m not real sure.” “I don’t recall talking to him.” “I can’t remember that he was.” “I don’t recall.” “I don’t remember if that took place.” “I don’t remember.” “I don’t recall.” “I don’t recall.” “I can’t remember all the details really.” “I think I did.” “I’m not sure whether I’ve seen that before or not.” “I don’t recall.” “I don’t recall.” “I’m not sure why I did.” “I just don’t remember whether I did or not.” “I don’t think so.” “It may be in there; it may not be.” “I don’t know.” “I don’t remember.” “I don’t remember.”

When Dr. Nichopoulos is asked about Elvis’s medical care, or about his own actions on August 16, 1977, he replies with all these variations of, “I don’t remember.” When he is asked about anything else, his memory magically returns. Weird, huh?

To compare, over nearly two-hundred pages of a 2-part deposition, Dan Warlick appears to remember nearly every single detail from that day, with no substantive memory lapses.

More “Lies of Omission” coming soon.