Free Motion for Summary Judgment - District Court of Connecticut - Connecticut

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1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GORDON & ASSOCIATES REPORTING SERVICE P.O. Box 47 Middlefield, CT 06455 Tel: (860) 347-6204 FAX: (860) 347-6536 Taken before Carol C. Schindler, CSR, No. 38, Stenographer and Notary Public licensed by the State of Connecticut, pursuant to the Federal Rules of Civil Procedure, at the law offices of Spinella & Associates, One Lewis Street, Hartford, Connecticut, on September 17, 2003, commencing at 12:30 p.m. ----------------------------------------------------DEPOSITION OF: PATROLMAN CHRIS DEMARCO ----------------------------------------------------* * * * * * * * * * * * * * * * * * KARL HOGFELDT, * PLAINTIFF, * * VS. * * OLD SAYBROOK POLICE DEPARTMENT, * SERGEANT DONALD HILL, * PATROLMAN DAVID PERROTTI, * PATROLMAN CHRIS DEMARCO, * PATROLMAN JAY RANKIN, * EACH INDIVIDUALLY AND AS * POLICE OFFICERS AND MEMBERS * OF THE OLD SAYBROOK POLICE * DEPARTMENT; AND THE TOWN OF * OLD SAYBROOK OF OLD SAYBROOK, * * DEFENDANTS. * * * * * * * * * * * * * * * * * * * UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT

CIVIL ACTION NO. 3:01 CV 1979 (WWE)

Exhibit F

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DeMarco 1 2 3 4 5 SPINELLA & ASSOCIATES A. Paul Spinella, Attorney at Law One Lewis Street Hartford, CT 06103 APPEARANCES

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Representing the Plaintiff 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 HOWD & LUDORF John J. Radshaw, Attorney at Law 65 Wethersfield Avenue Hartford, CT 06114-1190 Representing the Defendant

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DeMarco 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STIPULATIONS

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IT IS STIPULATED by the attorneys for the Plaintiff and the Defendants that each party reserves the right to make specific objections in open court to each and every question asked and the answers given thereto by the witness, reserving the right to move to strike out where applicable, except as to such objections as are directed to the form of the question.

IT IS STIPULATED and agreed between counsel for the parties that the proof of the authority of the Notary Public before whom this deposition is taken is waived.

IT IS FURTHER STIPULATED and agreed that the reading and signing of this deposition are not waived and any defects in the Notice are waived.

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DeMarco 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A

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absolutely and totally irrelevant to this case. You are free to inquire on what

Officer DeMarco was doing at the station at 11:30, but I don't think any further inquiry of LaPlace is warranted or reasonable. MR. SPINELLA: I don't think that your

objection is well taken as relevant. Certainly it is relevant, but the fact that the lawsuit is pending, I guess I'm not going to press it. BY MR. SPINELLA: Q Let me ask you about the time that you were in the police department after 11:00. Were you I will just move on.

situated in a certain place in the department, I mean, did you confine your movement to a certain area? Yes. I was in what we call the squad room,

which is where all the report writing takes place. Were you in the squad room for that entire period? Yes. Aside from what happened later in the

evening. Now at some point Sergeant Hull came into the

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DeMarco 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q A Q A A Q A Q

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police department with Karl Hogfeldt, correct? Correct. Now did you see them enter the department? Yes. Why is that? I thought you were in the squad

room, they call it? It's called the squad room, which is adjacent to the dispatch area. So you saw him do what, take Karl Hogfeldt where? Walk in via the garage and place him in the interview room. The garage, he didn't come in through the front door? No. Prisoners are taken into the garage, which

serves as the salliport (phonetic). Is that the back entrance? entrance? It's on the side of the building. If you are Is that a back

facing the front, you drive in the side driveway, and the garage is on the side of the building. So you would have saw Hogfeldt as he was being brought into conference room 1? Interview room, yes.

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DeMarco 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q Q A A Q

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And there was a map of the conference room that was drawn previously by Officer Perrotti that shows that the squad room door opens to the hallway adjoining conference room 1; is that correct? Would that be the layout?

Well, the dispatch area is a big square, so to speak, with a conference room, which we call the interview room, there is two interview rooms, which if you are in the doorway of the interview rooms looking out, you are looking on the dispatch area. Can you also see the squad room door? You can see the door, it's at an angle to your left. If you are facing out of the interview

room, to your left would be the entrance to the squad room. So how did it come about that you saw them enter conference room 1? the doorway? I heard over the radio, obviously, the dispatch radio is there, that Sergeant Hull was on route to the headquarters with a prisoner. What time was that, by the way? My recollection is 12:30 a.m. That is when you heard that he was on route? Were you standing in

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DeMarco 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q A Q Q A Q A A Q A Q A Somewhere in that area, yes.

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So then what happened vis-a-vis Hogfeldt? He walked Hogfeldt in, placed him in the interview room. Let's stop there for a minute. You were in the

doorway of the squad room to see this when he walked in, why is that? I was seeing who the prisoner was that he was bringing in. You were just curious? Yes. What did you see? I saw Sergeant Hull walk Hogfeldt into the interview room, I then turned around and went back to my computer and continued working on my report. Then what happened? A short time later -A short time, how long? Estimating ten minutes, five to ten minutes. Could it have been longer? I don't believe so, it was a short time. Could it have been longer than ten minutes? I don't believe so. It might have been?

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DeMarco 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A A Q A Q A Q A Q Q A A I don't believe so.

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My best guess is that it

was a very short time, between five and ten minutes. Then what? Then Sergeant Hull was yelling for assistance. There was a commotion, he was asking for gloves and paper towels. Now when you heard him yell -- well, let's start with what he said. yell? Something to the effect, Guys, I need some paper towels and gloves, yelling out to Officer Perrotti, who was at the dispatch, or myself, or anyone else who was in the building. Going back to when you first saw Hogfeldt being brought into conference room 1, was he injured in any way? No. Did he have a broken nose? Not that I know of. Four broken ribs? I don't know. I never got that close to him to What did you hear him

inspect or ask him if he was injured? Broken arm? Not to my knowledge.

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DeMarco 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Q A Q A Q A Q A A A Q A Q Q

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Injury to his head so severe that it might have caused a hematoma to the frontal lobe of his brain? I don't know. Facial fracture? Don't know. Well, did you see anything that appeared like any of that? No. There was nothing unusual about it. It

was just another prisoner that walked into the interview room as was practice. Was he handcuffed at the time? I believe he was, yes. What did you hear Officer Hull yell again? That he needed -- I don't know the exact words, but something to the effect that he needed gloves and paper towels. Anything else? No. Hear Hogfeldt yell at all? No. There was a commotion that I couldn't

decipher definitive words, it was just the commotion and Sergeant Hull asking for gloves and paper towels. When you say "commotion," what do you mean by

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DeMarco 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A A Q A Q A Q A A Q that? Some sort of verbal commotion.

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Did it sound like people struggling, anything of that sort? Just yelling. Just yelling? People yelling. Was Hogfeldt yelling? I don't know, there was just a noise from the interview room and Sergeant Hull asking for gloves and paper towels. So you came out when you heard the yelling, when you heard Sergeant Hull asking for these things. What did you see when you came out of

the squad room? When I got to the area of the opening of the interview room, I saw Sergeant Hull in there with Hogfeldt. What did you see? Hogfeldt was on the ground face down. Handcuffed? No. Sergeant Hull was standing over him trying

to control Hogfeldt. Control him, what do you mean? If you haven't seen the room, I suppose it is

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DeMarco 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q Q A

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more difficult for you to visualize it, but it's extremely small, cement cinder block room with chairs and table in a very limited room. So Hogfeldt was on the ground, and

Sergeant Hull was attempting to control him, physically control him from squirming around, getting up. nose. Hogfeldt had blood coming from his

He was placing his hands in the blood.

Was he lying on the floor? Yes. He was wiping his hands in the blood and

attempting to reach around and wipe blood on Sergeant Hull, hence, the need for gloves and paper towels. But did you see him touch Hull with the bloodied hand? I don't know if he made contact or not, maybe on his pants, but he was attempting to wipe the blood on him. Did he say that he was trying to wipe blood on him? I don't think he said that specifically, he was just intoxicated and yelling. So you didn't see him wipe blood on him, he didn't say that he was wiping blood on him, but it's your conjecture that that is what he was

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DeMarco 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q trying to do? MR. RADSHAW: the question. BY MR. SPINELLA: Q A You can answer.

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Object to the form of

My observation was that he was wiping his hand in the blood. Didn't you just testify, Officer, that he did not wipe his bloodied hand on his shirt? I think I said I don't know if he wiped the blood on the shirt or not. I think you said he did not. So my question

is, if he did not wipe his hand on the shirt, and he did not say that he was trying to, isn't it just conjecture on your part that, in fact, he was attempting to do that? MR. RADSHAW: the question. Object to the form of

You can answer.

My observation was that he was wiping his hand in blood and reaching back in what I clearly interpreted as an attempt to wipe blood on Sergeant Hull. I have no idea. Where he was trying to wipe it,

BY MR. SPINELLA: Q What did you do next, if anything?

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DeMarco 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Q A Q A Q A Q A Q A Q A Q A A I simply stood outside the door while

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Sergeant Hull was given the paper towels and gloves, and he also needed an ice pack. Who got those for him? I got the ice pack. Who got the paper towels? I believe Officer Perrotti. Where was he coming from? Dispatch, which was across from the interview room. You got an ice pack? Correct. Did he ask you to get an ice pack? I believe he did. That would be standard for a

nose injury, to put an ice pack on it. Then what happened? After he was under control? What do you mean "under control"? After things calmed down, gloves were on, blood was wiped up, Hogfeldt had paper towels on his nose and the ice pack, I returned to the squad room to finish my report. Did Hogfeldt try to -- you say "under control," was he trying to strike somebody during this time?

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DeMarco 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q Q CROSS EXAMINATION BY MR. RADSHAW A Q A Q Just taped over? Yes.

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Was it saved for the Hogfeldt arrest; do you know? Just, as far as I know, a 30-day cycle. MR. SPINELLA: Thank you. MR. RADSHAW: Officer DeMarco, I have Okay, nothing further.

a couple of questions for you.

Attorney Spinella has covered most of those questions, but I just want to go over a couple of them in detail. On October 21, 1999, you

worked the 3:00 to 11:00 shift; is that right? Correct. After 11:00 on the night of the 21st of October until the time you say you left the department on the morning of the 22nd, you were at the Old Saybrook police headquarters; is that right? Yes. So you were not on the road at any time after 11:00 p.m. to the time you left in uniform in a

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DeMarco 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A A Q A Q A Q police cruiser; is that right? That is correct.

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You did not participate in any way the motor vehicle stop of Karl Hogfeldt at or around midnight between the 21st and 22nd of October? I did not. At the time you went over to Sergeant Hull and Karl Hogfeldt in interview room 1, you didn't touch Karl Hogfeldt at any time, did you? No. I stood outside the doorway.

Just a little bit about standard operating procedure and blood borne pathogens. Why is it

so important to be concerned about blood borne pathogens? For the simple reason of the transference of disease and the risk, whether it be AIDS or hepatitis. We receive a lot of training on

that, and, obviously, that is paramount in our dealings with people. So it is not just AIDS or HIV; is that right? Correct. There are a whole number, a host of diseases and problems that you can get with blood; is that right? That is correct.

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DeMarco 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 My Commission expires: May 31, 2006 CERTIFICATE OF REPORTER

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I, Carol C. Schindler, a Notary Public duly commissioned and qualified in and for the State of Connecticut, do hereby certify that pursuant to Notice, there came before me, on the 17th day of September, 2003, the following named person, to wit: PATROLMAN CHRIS DEMARCO, who was by me duly sworn to testify to the truth and nothing but the truth; that he was thereupon carefully examined upon his oath and his examination reduced to writing under my supervision; that this deposition is a true record of the testimony given by the witness. I further certify that I am neither attorney nor counsel for, nor related to, nor employed by any of the parties to the action in which this deposition is taken, and further, that I am not a relative or employee of any attorney or counsel employed by the parties hereto, or financially interested in the action. IN WITNESS THEREOF, I have hereunto set my hand and affixed my seal this 29th day of September, 2003. _______________________________ Carol C. Schindler, CSR, No. 38 Notary Public

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

: : v. : : OLD SAYBROOK POLICE DEPARTMENT: SERGEANT DONALD HULL; PATROLMAN: DAVID PERROTTI; PATROLMAN CHRIS: DEMARCO; PATROLMAN JAY RANKIN; : EACH INDIVIDUALLY AND AS POLICE : OFFICERS AND MEMBERS OF THE OLD : SAYBROOK POLICE DEPARTMENT; AND: THE TOWN OF OLD SAYBROOK :

KARL HOGFELDT

NO.: 3:01CV1979 (WWE)

FEBRUARY 17, 2003

A F F I D A V I T I, Patrolman David Perrotti, being duly sworn, depose and say: 1. 2. 3. 4. 5. I am over eighteen years of age; I understand the obligations of an oath; I am a patrolman with the Old Saybrook Police Department; On October 22, 1999, I was working at the police department front desk; At some point that evening, I left the front desk to assist Sergeant Hull, who

was processing Mr. Hogfeldt; 6. At this time, Mr. Hogfeldt was yelling, screaming, and uncooperative;

Exhibit G

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7. 8.

Mr. Hogfeldt had a nose injury at this time; Mr. Hogfeldt had to be held down at this point.

Dated at Old Saybrook, Connecticut, this 18th day of February, 2003.

/s/ Ptlm. David Perrotti Patrolman David Perrotti

STATE OF CONNECTICUT COUNTY OF MIDDLESEX

) ) ss: Old Saybrook )

Subscribed and sworn to before me this 18th day of February, 2003.

/s/ Daniel C. DeMerchant Commissioner of the Superior Court Notary Public My commission expires:

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1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GORDON & ASSOCIATES REPORTING SERVICE P.O. Box 47 Middlefield, CT 06455 Tel: (860) 347-6204 FAX: (860) 347-6536 Taken before Carol C. Schindler, CSR, No. 38, Stenographer and Notary Public licensed by the State of Connecticut, pursuant to the Federal Rules of Civil Procedure, at the law offices of Spinella & Associates, One Lewis Street, Hartford, Connecticut, on September 17, 2003, commencing at 10:40 a.m. ----------------------------------------------------DEPOSITION OF: PATROLMAN DAVID PERROTTI ----------------------------------------------------* * * * * * * * * * * * * * * * * * KARL HOGFELDT, * PLAINTIFF, * * VS. * * OLD SAYBROOK POLICE DEPARTMENT, * SERGEANT DONALD HILL, * PATROLMAN DAVID PERROTTI, * PATROLMAN CHRIS DEMARCO, * PATROLMAN JAY RANKIN, * EACH INDIVIDUALLY AND AS * POLICE OFFICERS AND MEMBERS * OF THE OLD SAYBROOK POLICE * DEPARTMENT; AND THE TOWN OF * OLD SAYBROOK OF OLD SAYBROOK, * * DEFENDANTS. * * * * * * * * * * * * * * * * * * * UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT

CIVIL ACTION NO. 3:01 CV 1979 (WWE)

Exhibit H

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Perrotti 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A A Q Q Q A A Q A Q A

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operated as a patrolman with patrolman duties. Do you do anything else? Bicycle patrol. Anything else? You name it, we do it, sir. I mean --

How many people -- I am sorry, go ahead. Under patrol, I mean you do everything. mean, I don't know how to classify it. How many people on the department? Twenty-two maybe now, maybe even less than that, including the chief and deputy. All right, now let me direct your attention to the date of issue here, that would be October 22, 1999. Were you on duty that day, I

or in the early -- let's see, were you on duty on the 21st or the 22nd? I was on the 11:00 p.m. to 7:00 a.m. shift. 11:00 p.m. on October 21 to 7:00 a.m. on October 22? Yes. What were you doing? What were your duties?

On that shift, I was the dispatcher. What does that mean? You answer the telephones, send officers to calls, 911 emergency, dispatch EMS.

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Perrotti 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (Witness complies.) Q A Q A Q A Q

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So you sit at a desk for the entire shift? Yes, sir. How is the department laid out? Tell me, when

I walk in, what would I see, and where is your desk located? When you walk in the door you will see -- you walk into the lobby, and directly in front of you is a glass partition that you can see through, a clear plexiglass. center is right there. And the dispatch

My chair, the So when you

dispatcher seat is right there.

come in you are face to face with the dispatcher, the communications officer. Tell me how the rest -- let's say a police office comes in with an arrestee, where does he take him? Into interview 1 or 2, which would be located to your left-hand side. Can you just draw -- do you mind drawing a little map to show the layout? MR. RADSHAW: For the record, this

sketch is approximate and not to scale.

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Perrotti 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q BY MR. SPINELLA: Q Now, so you went on duty at 11:00. MR. SPINELLA: (Witness complies.) A You want the whole layout? detective's office? BY MR. SPINELLA: Q Yeah.

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The squad room, the

Can we get that marked?

(Plaintiff's Exhibit No. 1, diagram, marked for identification.)

And you

stayed in the communications center for that entire period? In other words, you did not go

out on the road? Correct. But would you have gone to different parts of the department during that eight-hour shift? Yes, sir. Where? Rest room. Where else?

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Perrotti 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q A Q A Q Q A A Squad room, and also downstairs.

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And I didn't

write in the downstairs, but this is the downstairs that has a training room where we go down and eat. What is in the squad room? Computers and our drawers where we keep all of our files. That is where the patrolman do

their reports, it's in the squad room. Did you -- prior to October 21, 1999, had you ever met Karl Hogfeldt? No, sir. Did you know anything about him? No, sir. Did you know Officers DeMarco and Hull? Yes, sir. How well? I was a year ahead of Sergeant Hull in high school, so I've known him through high school. Chris DeMarco, he is just like myself, we started employment with Old Saybrook, we work together. Are you friendly with both of them? On a working basis, yes. Tell me who, between the hours of 11:00 and 7:00, was working that night?

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Perrotti 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A A A Q Q Q A Q A A Sergeant Hull.

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On the shift, I believe it was

Officer Rankin until 4:00, from 11:00 to 4:00 a.m., myself, and I am not sure who came in to replace Officer Rankin at 400. Did you see Officer DeMarco at all that night? Yes. That was my question, who was on duty? Officer DeMarco was in the squad room doing a driving while intoxicated report in the squad room. I don't understand, he wasn't on duty, but he was present, is that what you are saying? Yes, sir. Let me rephrase the question: What police

officers were present, either on duty on the road between the hours of 11:00 and 7:00 a.m., or present physically on the police department premises, on the premises, during that period, whether on duty or not? In the department was Sergeant Hull, Patrolman DeMarco, and myself. And then Patrolman Rankin

would be on the road, because Patrolman Rankin never came inside of the station. So you didn't see Rankin that night? No, sir.

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Perrotti 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q Q A Q A Q A Q A Q A You saw DeMarco? Yes, sir. When did you see DeMarco?

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When I came in from my 2300 -- 11:00 p.m. shift. And how long was DeMarco on the premises? I am not sure when -Approximately? -- when he left. 3:00 to 4:00 a.m. 3:00 to 4:00 a.m.? From 11:00 p.m. to maybe about 3:00. give you a time. I understand. But so, in other words, he was I can't I would have to say maybe to

not on duty during that time, but he just came in to, what, catch up on work? What happens is Officer DeMarco was working the 3:00 p.m. to 11:00 p.m. shift. arrest. arrest. He made a DWI

I am not sure of the name of the And you have to get the report done.

I don't know if Officer DeMarco was off the next couple of days, because you only have the 72 hours to get it to DMV, so when that occurs you stay and do the report. And it can take that long till 3:00 in the

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Perrotti 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A A Q A Q Q A BY MR. SPINELLA: Q BY MR. SPINELLA: Q A You can answer.

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I am not sure if the name was put over the air, or if I ran license information for Sergeant Hull, which would be done through the Department of Motor Vehicles.

(Off-the-record discussion.)

When you get a call from an officer -- let's say an officer in the field makes an arrest, doesn't he communicate that to the dispatcher or the headquarters in some way? We will call in one in custody for a 115 for a 227A, which is a DWI arrest. That is what I mean, he will make a call in, correct? Yes, sir. When would that call occur? After the field sobriety test. Wouldn't it occur at the point that the stop was being made? No, you wouldn't call in with someone under arrest when you make the stop, you would call

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Perrotti 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q A Q Q A Q

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in the marker plate and the location of the motor vehicle stop, yes. That is what I am asking you. When a police

officer determines that a stop is about to be made, or immediately after a stop has been made, isn't a call made into the police department at that point to advise them about what is occurring? Yes. We call in a motor vehicle stop and

location. That is what my question is. So didn't you get

a call in this case from Officer Hull at the point that a stop was being made? I believe so, yes, sir. Do you have any independent recollection of that? Yes, sir. Do you know what time that was? Somewhere around midnight. Do you remember what was said? No, sir. Now, was there more than one call made from Officer Hull in the field to you about what was occurring? In other words, there was a call Was there any

when the stop was made?

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Perrotti 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q A Q A Q A Q A Q A Q A Q To who? To us, for help.

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Where was DeMarco while this was taking place? Squad room. Was he the only other police officer there? Yes, sir. Were there any other non-police officers in the building? words. At that time, no. What about that night, or that morning? Yes, sir. Who? Whoever came to pick up Mr. Hogfeldt. was a male and a female. Anybody else? Newspaper people. Newspaper people, what do you mean? a reporter there? The Hartford Courant, and The Day. The There was There Yes, there was others. Any other human beings, in other

newspapers are delivered every seven days a week, 365 days a year. The paper delivery boy, who else? else there? That, I can't answer. Was anybody

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Perrotti 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q Q A A A Q A Q Q Q A What time were the papers delivered?

44

Anywhere from 4:00 a.m., depending on what edition is running. 4:00 -Do you remember what time that morning they were delivered? No, sir. Were they the only other non-police officers that were present that morning? I believe so. So he says, Come here, come here, you and DeMarco go to your doors, or you go to the interrogation room. Then what happens? It could be between

Sergeant Hull told us he wanted gloves and paper towels, and Mr. Hogfeldt was on the floor, there was blood, and Mr. Hogfeldt was reaching with his right hand into the blood and trying to reach up over to get it onto Sergeant Hull. Do what to Sergeant Hull? To get blood on his white shirt, because Sergeant's wear white shirts. Uh-huh. I ran and got gloves -Wait a minute. Hogfeldt was lying on the

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Perrotti 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q A Q Q CROSS EXAMINATION BY MR. RADSHAW A A Q Because I notarized this report.

68

But, I mean, did you review it at any time after that? No, sir. MR. SPINELLA: No questions.

Officer Perrotti, I just have a few questions for you. Attorney Spinella covered most of At the

these in his Direct Examination of you.

time you came over to interview 1 and saw Sergeant Hull and Mr. Hogfeldt, did you touch Mr. Hogfeldt at any time? No, sir. You went and you said you got latex gloves and paper towels; is that right? Yes, sir. And you went and you gave them back to Sergeant Hull; is that correct? Yes, sir. During that entire period of time, you didn't touch Mr. Hogfeldt? Correct, I did not touch him. You didn't have any personal contact with him

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Perrotti 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (Deposition concluded at 12:03 p.m.) A A Q A Q

69

at any time he was in the police station, and what I mean by personal contact, I mean physical touching; is that right? That is correct. And when Mr. Hogfeldt's car was stopped that night, you didn't participate in any way because you weren't at that motor vehicle stop, were you? No, sir. You were at the Old Saybrook Police Department the entire time; is that right? Yes, sir. MR. RADSHAW: questions. I have no further

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Perrotti 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (CCS, September 17, 2003) ______________ DATE CERTIFICATE OF DEPONENT

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I, PATROLMAN DAVID PERROTTI, do hereby certify that the foregoing testimony is true and accurate to the best of my knowledge and belief.

__________________________ PATROLMAN DAVID PERROTTI

At ________________________in said County of __________________, this _________ day of _____________, 2003, personally appeared, PATROLMAN DAVID PERROTTI, and he made oath to the truth of the foregoing answers by him subscribed.

Before me, ________________________, Notary Public. My Commission expires: ________________________

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Perrotti 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 My Commission expires: May 31, 2006 CERTIFICATE OF REPORTER

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I, Carol C. Schindler, a Notary Public duly commissioned and qualified in and for the State of Connecticut, do hereby certify that pursuant to Notice, there came before me, on the 17th day of September, 2003, the following named person, to wit: PATROLMAN DAVID PERROTTI, who was by me duly sworn to testify to the truth and nothing but the truth; that he was thereupon carefully examined upon his oath and his examination reduced to writing under my supervision; that this deposition is a true record of the testimony given by the witness. I further certify that I am neither attorney nor counsel for, nor related to, nor employed by any of the parties to the action in which this deposition is taken, and further, that I am not a relative or employee of any attorney or counsel employed by the parties hereto, or financially interested in the action. IN WITNESS THEREOF, I have hereunto set my hand and affixed my seal this 29th day of September, 2003. _______________________________ Carol C. Schindler, CSR, No. 38 Notary Public

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

: : v. : : OLD SAYBROOK POLICE DEPARTMENT: SERGEANT DONALD HULL; PATROLMAN: DAVID PERROTTI; PATROLMAN CHRIS: DEMARCO; PATROLMAN JAY RANKIN; : EACH INDIVIDUALLY AND AS POLICE : OFFICERS AND MEMBERS OF THE OLD : SAYBROOK POLICE DEPARTMENT; AND: THE TOWN OF OLD SAYBROOK :

KARL HOGFELDT

NO.: 3:01CV1979 (WWE)

FEBRUARY 17, 2003

A F F I D A V I T I, Chief Edmund Mosca, being duly sworn, depose and say: 1. 2. 3. 4. 5. I am over eighteen years of age; I understand the obligations of an oath; I the Police Chief of the Old Saybrook Police Department; I have personal knowledge of the following; In the past five years, the Old Saybrook Police Department has not had one

claim of excessive force made against it.

Exhibit I

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Dated at Old Saybrook, Connecticut, this 18th day of February, 2003. /s/ Edmund Mosca Chief Edmund Mosca

STATE OF CONNECTICUT COUNTY OF MIDDLESEX

) ) ss: Old Saybrook )

Subscribed and sworn to before me this 18th day of February, 2003.

/s/ Daniel C. DeMerchant Commissioner of the Superior Court Notary Public My commission expires:

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

: : v. : : OLD SAYBROOK POLICE DEPARTMENT: SERGEANT DONALD HULL; PATROLMAN: DAVID PERROTTI; PATROLMAN CHRIS: DEMARCO; PATROLMAN JAY RANKIN; : EACH INDIVIDUALLY AND AS POLICE : OFFICERS AND MEMBERS OF THE OLD : SAYBROOK POLICE DEPARTMENT; AND: THE TOWN OF OLD SAYBROOK :

KARL HOGFELDT

NO.: 3:01CV1979 (WWE)

FEBRUARY 17, 2003

A F F I D A V I T I, Sergeant Timothy McDonald, being duly sworn, depose and say: 1. 2. 3. 4. I am over eighteen years of age; I understand the obligations of an oath; I am a sergeant with the Old Saybrook Police Department; I am the keeper of records for training, and have personal knowledge of the

following taken from records on file at the Old Saybrook Police Department; 5. The Town of Old Saybrook requires that all officers adhere to the training

protocol established by state standards;

Exhibit J

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6.

Before the subject incident, Sergeant Hull, Patrolman DeMarco, Patrolman

Rankin, and Patrolman Perrotti, completed training at the Connecticut State Police Academy; 7. While at the Police Academy, the defendant officers received training in,

among other topics, human relations and use of force; 8. Prior to 2000, the defendant officers were required to attend approximately

(40) forty hours of training in job related subjects within a three-year period to recertify; 9. 10. In July of 2002, this requirement was increased to (60) sixty hours; Prior to October 21, 1999, the defendant officers attended supplemental

training courses as part of their pre-certification requirement dealing with laws of arrest, and use of force; 11. Sergeant Hull has had no citizen complaints filed against him at any time

during his fourteen years of police service for the Old Saybrook Police Department; 12. Additionally, the Police Department has never initiated an internal affairs

investigation against Sergeant Hull for any reason;

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13.

At the time of this incident, the Town of Old Saybrook police department had

a written police policy concerning, inter alia, use of force, custody of prisoners and detention /holding area operations; 14. The written policy is set forth within the document titled Rules and

Regulations, 36.01, 36.02, 56.06., attached hereto. Dated at Old Saybrook, Connecticut, this 18th day of February, 2003. /s/ Sgt. Timothy McDonald Sergeant Timothy McDonald

STATE OF CONNECTICUT COUNTY OF MIDDLESEX

) ) ss: Old Saybrook )

Subscribed and sworn to before me this 18th day of February, 2003.

/s/ Daniel C. DeMerchant Commissioner of the Superior Court Notary Public My commission expires:

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Exhibit K

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