Free Memorandum in Opposition to Motion - District Court of Connecticut - Connecticut

Case 3:00-cv-00052-RNC Document 143-2 Filed 06/20/2005 Page 1 014

V Case 3:00-cv-00052-RNC Document 143-2 Filed 06/20/2005 Page 2 of 4 h
cowsw vs; BREEN mtv 12, zooo
[ T· I J ‘ mp1$
1 ~
2 IN THE UNITED STATES DISTRICT COURT
3 FOR THE DISTRICT OF CONNECTICUT E B
4 " iii: __ · __
5 --———-—--——------——--—-——-—— x i
6 MARGARET COWAN, AS I: é
ADMINISTRATRIX OF THE ;
, 7 ESTATE OF VICTORIA COOPER, :
V 8 Plaintiff, : é
9 "' -versus— : 300 CV 0052 (DJS) i
10 MICHAEL BREEN, ;
11 Defendant. z I -%
l2 ---—-----·—· t ·······--——-—— -x g
.l3 * E
14
15
js videotaped deposition of MICHAEL BREEN, taken
. 17 pursuant to the Federal Rules of Civil Procedure, at §
18 the law offices of Rosen & Dolan, 400 Orange Street, I
19 New Haven Connecticut, before Brenda K. Granfield, a Q
- _20 Registered Professional Reporter and a Notary Public i
` -221 in and for the State of Connecticut, on Wednesday, i
22 ' July 12, 2000 at l0{4O a.m. i
24 sy T l ` .
25 Q
SANDERS, ous a Russstt(zoz)6z44nsv A l I N I I

Case 3 :00-cv-00052-RNC Document 143-2 Filed 06/20/2005 Page 3 of 4
COWEN VSPBREEN JULY 12, 2000 .
· Page 54 Page 56 .
1 A. Yes. _ 1 Q. But no more than twice? ‘
2 Q. To whom? 2 A. Ibelieve so. -
3 A. My attomey, Jack Kelly. 3 Q. Now, there were reports in the newspapers
4 Q. Anybody else? 4 and on TV about this incident. You're aware of that? ?-
- 5 A. There was a member of the Emp1oyee's 5 A. Yes. _ g
6 Assistance Program who was present as well. 6 Q. Did you read any of the news reports? Q
7 4 Q.-; Present at the scene? 7 A. Yes. _ _
8 A, No, at the police department. ThlS WZS 8 Q. In what newspaper or newspapers did you _
9 after. l 9 read any of the reports? {
10 Q. All right. Who was that? 10 A. New Haven Register, Hartford Courant.
1 1 A. I can't recall his name right now. - 11 Q. As the articles appeared about this — ?
12 Q. When did you first speak to Mr. Kelly? 12 question withdrawn. .1
13 A. That was at the police department after 13 Did you usually read the Courant? {
14 the incident took place. . - 14 A. Not usually. Usually the Register. ..
15 Q. At approximately what tune? ,_ 15 Q. You got the Courant in connection with
16 A. Approximately 4:00 a.m. 16 this incident because the Courant was covering the
_ 17 Q. Do you know how it is that you ·— that Mr. 17 incident and had news reports about it; is that
· -4 8 Kelly happened to be at police accident at 4:00 a.m. 18 correct? l
` A _ ) A. I contacted Mr. Kelly. 19 A. Yes. Thats a fair statement.
20 Q. And had he represented you before? 20 Q. Okay. And you wanted to read what was
21 A. No. O I _ 21 being written about this incident that you had been ·
22 Q. Okay. How did you think to contact him? 22 involved in in the press, correct? .
23 A. I was advised to contact him 23 A. Yes.
24 Q. By whom? 24 Q. And you read the reports as they came out
25 A. Other police officers. 25 in those two newspapers, correct? ‘
. I Page 55 page 57
1 Q. Do you recall who suggested that? 1 A. Yes.
2 A. Not specifically. Members of the East 2 Q. And you also saw at least some of the
3 Haven Police Department. - 3 reports on TV, correct? .
4 Q. ` And after that first meeting with Mr. 4 A. Yes.
\ 5 Kelly, did you meet with Mr. Kelly again? 5 i Q. Did you speak with anyone from the press
r I- 6 A. Yes. . _ l . 6 m between the 13th of July and the 27th when you
_· MR. GERARDB: Objectton to ferm. 7 tiled your police report? ii
8 Q. And when — question 8 A. I believe one - between that time period, .
9 How longrwas your meeting with Mr. Kelly 9 I believe one reporter contacted me at home.
10 at the police accident? _ 10 However, I did not speak to him There were several
11 A. Approximately an hour, hour and ¤_h¤1f- 11 attempts to contact me, but 1 did not speak to the _
12 Q. When was the next time you met with Mr. 12 press, on the advice of my attomey. ,
13 Kem'? _ _ 13 Q. Did you speak to any of your friends and -
- 14 A. Date and time I don't know, sir. 14 family about the incident?
15 Q. Was it within a short period of time 15 MR. GERARDE: Objection to fomi, only
_ ·_ 16 thereafter? ‘ I6 because there's no time frame to it.
17 A. Yes. 17 MR. ROSEN: Oh, okay. {
` 18 Q. And did you meet with him on repeated 18 BY MR. ROSEN: 5
19 occasions between the 13th andthe 27th of July? 19 Q. Between the time of the incident and the
20 A. I —· . . I . 20 27th of July, did you speak to any friends or family
21 MR. GERARDE: Objection to fomi. 21 about the incident? » .
22 A. Between the 13th and the 27th? - 22 A. Yes. · I;
23 Q. Yes, the 27th being the date you submitted , 23 . Q. To whom? I
. 24 your police report. -24 · A. My wife.
25 A. I might have met with him once or twice. 25 Q. Anyone else?
- A ‘ _ 15 (Pages 54 to 57)
SANDERS, GALE & RUSSELL(203)624-4157 . .

Case 3:00-cv-00052-RNC Document 143-2 Filed 06/20/2005 Page 4 of 4
COWEN VS. BREEN JULY 12, 2000
· Page 206
1 CERTIFICATE
- 2 I hereby certify that 1 am a Notary Public, in f
3 and for the State of Connecticut, duly commissioned I
4 and qualified to administer oaths. j.
I 5 I further certify that the deponent named in ‘
6 the foregoing deposition, to wit: MICHAEL BREEN,
7 came before me on the 12th day of July 2000 and was YE
8 by"me duly swom and thereupon testified as appears E
9 in the foregoing deposition; that said deposition Q;
10 was taken by me stenographically in the presence of T
I I I counsel and reduced to computer~aided typewriting
12 under my direction, and the foregoing is a true and
13 accurate transcript ofthe testimony. · 1
. I4 I further certify that I am neither attomey Q
15 nor counsel for nor related to nor employed by any
16 ofthe parties to the action in which this ‘
17 deposition is taken, and further that I am not a 4 Q
18 relative or employee of any attomey or counsel
19 employed by the parties hereto, or financially · g
20 interested in this action. _ I ;
.1
A " IN WITNESS THEREOF, I have hereunto set my hand
22 as Notary Public this 4th day of August 2000.
23 Z
Brenda K. Graniield, RPR·CP U
24 LSR 00147
Notary Public:
25 My Commission expires April 30, 2001
· 53 (Page 206)
SANDERS, GALE & RUSSELL(203)624—4157 ` .