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

Case 3:00-cv-00052-RNC Document 141-2 Filed 06/20/2005 Page 1 014

.Case 3:00-cv-00052-RNC Document 141 -2 Filed 06/20/2005 Page 2 of 4
130WAN BREEN · JULY 7, 2000
` .-" Page I
‘ 1 » 1 I
2 IN THE UNITED STATES DISTRICT COURT I
3 FOR THE DISTRICT OF CONNECTICUT l ~_
4`W · — 1 ’
5 ———--—--—-——————-—-——-———--- x
_ 6 MARGARET COWAN, AS : ‘
ADMINISTRATRIX OF THE :
I 7 ESTATE OF VICTORIA COOPER, :
- 8 Plaintiff, :
9 ` —versus— : 300 CV 0052 (DJS)
‘ 10 MICHAEL BREEN, : ~
11 Defendant. : §
12 ——————--—-— ¥ ————--——————-——— x ; l
13 it · _ . S
14 7
- 1_ 16 Deposition of MATTHEW CANELLI, Designee of the {
` .-h 17 North Branford Police Department, taken pursuant to i
‘ 18 the Federal Rules of Civil Procedure, at the law 1
i 19 offices of Rosen & Dolan, 400 Orange Street, New l
1 20 Haven Connecticut, before Brenda K. Granfield, a
‘ '·21 Registered Professional Reporter and a Notary Public
g 22 in and for the State of Connecticut, on Friday, July
4 231 7, 2000 at 10:32 a.m. -
24 - ` ‘ ` V ‘
25 l .
SANDERS, GALEP & RUSSELL *203)624·4157 l

COWAN VgQ%§%é·§00-cv-00052-RNC Document 141 -2 Filed 06/20/2005 Page 3 of 4 JULY 7, 2000 .
` Page 34 Page 36 V
1 Q. If an officer discharges a frearm to 1 A. I don't recall. l
2 shoot " 2 Q. Do you recall whether the sergeant received
3 A- Th°Y '°P°¥T it- 3 any discipline as a result of that incident? Q
4 _ Q- They report it. And that happens from 4 A. I'm going to say no, but with an asterisk
I 5 time *0 tum- - 5 next to it because I'm not sure. I'm going to say I
- 6 A. October and November maybe several times a 6 don't believe he received any discipline.
7. Week- ` 7 Q. Before that incident, when was the last i
8 Q. Thank you for clarifying that. Let me put 8 time an officer discharged a firearm except for
‘ 9 that to one side and ask you about occasions when an 9 shooting animals?
10 officer discharges a firearm for any reason other 10 A. I don't believe there was any. g
11 than to shoot an animal. — 11 Q. In your tenure on the department. I
12 A. When was the last time? 12 A. You want me to go back and think 30 ·
13 Q. Yes. 13 years? Is that what you're asking?
14 A. Couple years ago. I'd say maybe two years - 14 Q. Yes. I'll do it step by step. During the _
15 ago. 15 time you've been chief, as far as you can recall,
16 Q. And what was that incident? 7 16 there were only these two incidents? g
17 A. A sergeant had a chase on Route 80. 17 A. Yes. l
` 18 Sergeant D'Ancicco, and I think it was a sport 18 Q. Before you were chief, can you recall any E
19 utility vehicle with tinted glass, and the car 19 other incidents? » Q
7 20 was — the vehicle was stopped on Route 80, and as 20 A. There was one incident where I had to be a .
_ 21 D'Ancicco got out of his vehicle, the vehicle 21 patrolman, so we're talking probably in the _
22 started to come towards him and was pinning him 22 Seventies. Maybe '74—75. As a matter of fact, the I
23 between his vehicle and the SUV, and he fired a 23 officer since has passed away. There was a report
24 round at the tire. 24 that there was three or four individuals having a
25 Q. From your description I don't have a clear 25 fight. And when he pulled up, there was one person
>
Page 35 Page 37
1 picture of just what happened. 1 lying in the road, and two or three people running
p 2 ' A. Me either. I'm trying to recall. Maybe 2 from him, from the officer, and he fired at them.
3 it was five years ago. I'm just trying to recall 3 He didn't hit anybody. And I think he had
4 what happened. 4 discipline for that. I don't even think our
· 5 Q. You described your officer being pinned 5 policies were in effect back then. That was the
6 between his vehicle and this SUV. 6 chief wasn't even the chief yet. He was a constable. ii
7 A. Uh-huh. 7 Q. When did the department get organized so .
. 8 o Q. Do you mean that the SUV —Vquestion 8 that the chief was a chief? t Y .
9 withdrawn. Was the SUV moving when he shot the 9 A. Right about that time. He was a , -
10 tire, do you know? 'l0 constable. Then he went to the police academy. `
11 A. I would have to look up the report. It 11 Probably '73—74, right arotmd then. Then he left
12 was so long ago. I don't know I'd be giving you the 12 like in '75-76. `
13 right information. But I know a rotmd was 13 Q. During the time that you've been chief, do
14 discharged by the sergeant. I don't think I was 14 you recall any incident where one of your officers _
15 even in town. I may have been away on vacation 15 was shot at? ` ? .
16 because I would probably have recalled the shooting 16 A. No. U
17 more vivid than I am right now. 17 Q. Do you recall any incidents where one of _ 5
18 Q. May be as many as five years ago? 18 your officers was attacked with a knife or under =
19 A. It may be, yes. 19 deadly weapon? ‘ ‘ .
_ 20 Q. there some investigation or report of 20 A. There's probably been numerous times going
21 the shooting that was made at the time? 21 to a domestic. A deadly weapon becomes an iron from
22 l A. · Yes. The deputy chief did the 22 the fireplace, frying pan. There's been numerous,
23 investigation. 23 you know, disable a dispute and all of a sudden
24 Q. And do you know whether that was treated 24 someone picks up a shovel and tries to attack the
25 as a use of force by an officer? 25 officer. .
R
10 (Pages 34 to 37)
SANDERS, GALE & RUSSELL *203)624-4157

Case 3: — - - - ‘
COWAN VS. BREEN00 cv 00052 RNC Document 141 2 F1|ed 06/20/2005 Page 4 of 4JULY 7 2000 _
. 2 _
Page 130 Page 132
I JURAT ‘ 1 CERTIFICATE
2 2 I hereby certify that I am a Notary Public, in
3 3 and for the State of Comiecticut, duly commissioned
4 4 and qualified to administer oaths.
· 5 , 5 I further certify that the deponent named in
. 6 l 6 the foregoing deposition, to wit: MATTHEW CANELLI, g
7 MATTHEW CANELLI 7 came before me on the 7th day ot` July 2000 and was
8 ‘ 8 by me duly swom and thereupon testified as appears
. 9 . 9 in the foregoing deposition; that said deposition
Subscrrbed and swom to before me on this 10 was taken by me stenographically in the presence of
10 11 counsel and reduced to computer-aided typewriting
1 I day °f 2000 · 12 under my direction, and the foregoing is a true and
13 accurate transcript of the testimony. ·
I2 14 I further certify that I am neither attomey I
13 15 nor counsel for nor related to nor employed by any
14 " 16 of the parties to the action in which this —
I5 _ 17 deposition is taken, and further that I am not a §
N°t°ry Publ'? _ 18 relative or employee of any attomey or counsel
` I6 My C°mm1ss'°“ cxplmsi 19 employed by the parties hereto, or iinancially
ig - interested in this action.
19 ` IN WITNESS THEREOF, I have hereunto set my hand _ ·
3 22 as Notary Public this 24th day of July 2000. _.
‘ 23 - s
22 Brenda K. Grantield, RPR-CP
23 24 LSR 00147
I 24 Notary Public: -
25 25 My Commission expires April 30, 2001
· Page 131 ` `
1 wrmess INDEX
2 PAGE
3 DIRECT EXAMINATION
BY MR. Rosen; .................................... 3
4
1 5
6
- 7 EXHIBIT INDEX · ·
8 Plaintiffs ·
9 1: Notice of Deposition ........................ 4 I Q
10 2: Letter September 28, 1999 .................. 39 I
1 1 3: Policy regarding use of force .............. 39
12 4: Letter and Minutes ......................... 41
13 5: List of Instructors ........................ 89
14 6: Memo 2/29/2000 ............................ 101
15 7: Memo March 16, 1999 ....................... 102 ` `"T.
16 8: Report .................................... 117
17 9: Memo February 14, 2000 .................... 120 é
18 10: Letter October 7, 1999 .................... 124 _·=
19 `
20 NOTE: Exhibits retained by counsel
21
22
23
24
25 `
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34 (Pages 130 to 132)
SANDERS, GALE & RUSSELL *203)624—4157