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

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT KARL HOGFELDT : : NO.: 3:01CV1979(WWE) : : : JULY 16, 2003 : : : : : : :

4 V. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 APPEARANCES: 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

------------------------------------------------------DEPOSITION OF KARL HOGFELDT -------------------------------------------------------

SPINELLA & ASSOCIATES Attorneys for the Plaintiffs One Lewis Street Hartford, Connecticut 06103 (860) 728-4900 BY: A. PAUL SPINELLA, ESQ.

HOWD & LUDORF Attorneys for the Defendants 65 Wethersfield Avenue Hartford, Connecticut 06114 (860) 249-1361 BY: THOMAS R. GERARDE, ESQ. NIZIANKIEWICZ & MILLER REPORTING SERVICES 972 Tolland Street East Hartford, Connecticut 06108-1533 (860) 291-9191 DONNA M. DECIANTIS, LSR

Exhibit A

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Deposition of KARL HOGFELDT, taken on behalf of the defendants in the hereinbefore entitled action pursuant to the Federal Rule of Civil Procedure 30 before Donna M. DeCiantis, duly qualified notary public in and for the State of Connecticut, held at the offices of Howd & Ludorf, 65 Wethersfield Avenue, Hartford, Connecticut, commencing at 11:17 a.m., Wednesday, July 16, 2003. S T I P U L A T I O N S It is hereby stipulated and agreed by and among counsel for the respective parties that all formalities in connection with the taking of this deposition, including time, place, sufficiency of notice, and the authority of the officer before whom it is being taken, may be and are hereby waived. It is further stipulated and agreed that objections other than as to form are reserved to the time of trial. It is further stipulated and agreed that the reading and signing of the deposition are not waived. It is further stipulated that the proof of the qualifications of the notary public before whom the deposition is being taken are hereby waived.

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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 DEFENDANTS' EXHIBITS A WITNESS KARL HOGFELDT

I N D E X

Direct examination by Attorney Gerarde..........4 Cross-examination by Attorney Spinella.........97

------------------------------------------------------INDEX OF EXHIBITS (Marked for Identification)

Photograph.....................................73

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A Q apologize. A Q

It was just Doris. -- it's not to make you miserable. I

We're not talking about that anymore. Okie doke. Why don't you -- what I'm interested in is I

know that you don't have a home now, but did you ever have a home, like an address? A Q A Q A Q A Q A cancer. Q So you would have been living at 53 Nod Road Yes. 53 Nod Road.

53 Nod, N-o-d? Yes. What town is that? Clinton. How long did you live there for? Six years. Is that the house that you say you sold? Yes. We sold that when Doris was dying of

on the day of the arrest in Old Saybrook, October '99? A Q A No. We sold that house.

It had been sold by then? Just six and a half, seven weeks previous.

That's why we were staying at that hotel, while we were looking for a new apartment. Q I see. So I know from reading the reports

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that you and Sergeant Hull first met that night in the parking lot of a hotel; is that right? Is that where

he first pulled up to you and had you get out of the car? A Q that way. A Q Well, yes, in the hotel. Are you telling me that you were staying at The night of the beating? Well, the night of your arrest, let's put it

that hotel? A Q No. Okay. Where were you staying on the night

that you were arrested by Sergeant Hull? A At our new apartment in Deep River that

Doris and I had just moved into. Q Okay. And when you say you just moved into

the apartment, was it that very day or a week? A Q About four days previous. Okay. Just so I understand the sequence

then, earlier in 1999 you sold your house on Nod Road? A Q Yes. And that you had stayed in a hotel while you

were in between locations, and that a few days before you were arrested you had rented an apartment in Deep River?

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A Q

Yes. What is the hotel you were at when you were

in between places? A It was Room 30 at Saybrook Motor Inn, I

believe is the name of it, or Motor Hotel. Q Okay. Is that the same place that you were

approached by Sergeant Hull? A Q A Q A Q Yes. Do you have any brothers and sisters? Yes. How many? Two brothers and one sister. And let me just go back to the residence.

When you owned 53 Nod Road, did anyone live with you other than Doris? A Q Just Doris and myself. And when you were at the hotel when you were

in between places, was anyone else living with you? A Just Doris and myself and our cat. I want

to include the cat. Q All right. When you were at the apartment

in Deep River, was it just you, Doris and the cat? A Q And the cat. And what is the address in Deep River where

you were staying at the apartment?

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other than Dr. Westling right now? A I'm supposed to see somebody about stress,

but I haven't done so yet. Q Okay. Would that be like a psychotherapist

or a psychiatrist? A Q It's stress management. Okay. Thats all I know.

And was that on Dr. Westling's

recommendation? A Q Yes. Okay. Well, we're at the point in the

deposition where I'm going to talk to you about the day it happened. that? ATTORNEY SPINELLA: just go right ahead. A Q A Q Go right ahead. Okay. Now, it was -I think we should Do you want to take a break before we do

I'd like to have some more water, please. Sure. (Whereupon, an off-the-record discussion was held.)

A Q

Don't mind me. I know.

Doris just upsets me. Now, just

That's understandable.

so we don't have any confusion about dates, October 22, 1999 is the specific date given for your arrest for

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driving while under the influence by Sergeant Hull, all right. And it was after midnight at the time you were Do

arrested, so the day before was October 21, '99. you follow? A Q Yes.

So I want to ask you about that day before, And do you remember what you did

October 21, 1999. that day? A Q A Q Yes.

Tell me what you did, sir, please. Prepare our apartment. Okay. So you've already told me that within

the previous few days before you had just moved into your Deep River apartment? A Q Yes. What were you doing in general when you say

"prepared the apartment"? A Q Painting, moving our belongings. All right. And did there come a time when You can say we

-- well, take me through the whole day.

worked on the apartment until five and then I had dinner and then I did this and then I did that. A I can tell you exactly. The date in

question, I don't quite understand why the time frame has been switched. When was I arrested? May I ask you

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that? Q Let me find that out for sure, and make sure

I haven't confused you. A Q Because I am very confused at this point. I think you were taken to the police station

at about 1 a.m. A me. That's impossible because Doris would shoot Our cat was with me going

I had our cat with us.

shopping. ATTORNEY SPINELLA: was at ten o'clock. A Yeah, there's a big time frame difference. I think the arrest

Doris would never -ATTORNEY SPINELLA: the record? ATTORNEY GERARDE: Off the record. Can we just go off

(Whereupon, an off-the-record discussion was held.) Q In other words, let's not -- we're back on I'll just state for the record that we've

the record.

been off the record trying to figure out the exact time of arrest. It's not critical to my questions, because But I

we can go by reports or memories or whatever.

just want you to take me through the day right up until the time you were arrested.

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A

I had rented a U-Haul rental truck to take

our belongings from a storage company because we had stayed in a motel for six weeks and two days. We had

been moving, painting and cleaning our new apartment. Doris asked me to go, not to the Adams Supermarket in Deep River, but to go to Super Stop & Shop in Saybrook. So because our cat "Doodlebugs" loved to take rides, if I jingled the car keys, the cat would run to the car and hop on the dashboard and go to the market with me. Q A Okay. As silly as it may sound. I told Doris

while I'm in Saybrook I was going to stop over Steve's place, who lives not but a mile and a half or two from Super Stop & Shop, who didn't have an automobile. does but it's broken down. He

That I would give Steve a

ride if he needed anything at the grocery market, Stop & Shop. We went to Stop & Shop. I had empty cans and And I

soda bottles.

I picked up all of our groceries.

was followed by a police car. Q Can I stop you there for just a minute? The

Steve you're talking about is Steve White? A Q time? A He has just gone through a divorce, and he Yes. And Steve White was living where at that

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A Q that.

Nothing. Thank you. All right. I just wanted to be clear about

So you and Steve are in the car

heading back from grocery shopping, and tell me what happens. A At the stoplight of the Boston Post Road,

and I don't know the name of it, that corner, the street, I'm sure it's in the police report, I took a left. I saw the police car behind me following me.

And the light takes approximately maybe four to six minutes. It's a very very long light before the arrow The police car followed me in. When I

turns green.

got out of the car with Steve, I was asked for my driver's license, registration, the insurance. And

upon giving this material to the police officer, I was immediately told to face against the vehicle and to put my hands behind my back and I was arrested immediately. Q Okay. Let me back you up just a little bit.

First of all, what was the car that you were driving? A Q A Nissan. Q A Nissan 240 SX --- XL -Doris's car. Is that a Ford? Well, it's a 240 SX XL red convertible,

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you've told me? A Q None whatsoever. So what you're saying is he asked you for

your license, registration, insurance, and you said, Here you go, Officer, or words to that effect? A Then he told me to get out of the vehicle

and to lean against it. Q A Facing forward? Facing against the vehicle and put my hands

behind my back. Q A Q Did you say anything to him? Nothing. So, in other words, just so the time period

is clear for the question, after he asked you to get out of the vehicle and to face the vehicle and put your hands behind your back, you had -- no words came out of your mouth; it was just him? A Nothing whatsoever. But not between the

policeman and myself.

But I asked Steve, Steve White,

to make sure that he'd watch for the cat, because Doris and I loved our cat. And I said, Steve, please make

sure Doodlebugs is going to be okay. Q A Q Because Doodlebugs was in the car with you? Yes. And now Steve was now at his house?

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A Q

Directly in front. So what was your plan? That the cat

wouldn't just be left alone in the car, that Steve would watch out for the cat? A Yes. Our cat was a thoroughbred Siamese You

declawed, which you have to be very careful. cannot let a cat like that go outside.

Doodlebugs was

an inside cat with a leash at all times and used to love to go for rides. When I would go to the market or

Doris and I went anywhere, the cat came with us. Q And the cat could stay in the car while you

A

Yes.

I did not want that cat to be hurt, to And I asked Steve, please watch And I figured if I'm

be let outside loose.

the cat, because I was handcuffed.

I'm being handcuffed, there must be a reason. sorry, I'm thinking about the cat. Q All right.

Did Steve respond to you?

Did

he say, okay, don't worry? A Q A Yes. He said, don't worry about anything.

Did Steve say anything else to you? That was it. I was immediately put in the

back of a police car. Q Do you remember which policeman it was that

approached your car?

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A Q A Q A Q

He had a white shirt. A police officer in uniform? With a white shirt. Am I correct about that, it was a uniform? Yes. Wearing a white shirt.

Are you able to give me any other

information about what officer it was? A I think his name was Hull. And then there

was another patrol car that immediately showed up and he had a gray shirt. Q A Q Do you know the name of that officer? I believe his name was Demarco. Okay. Now, what, if anything, did that

second officer do? A While I was in the back of the police car,

sitting in the back seat of the police car handcuffed, they were talking. And the guy with the gray -- the

policeman with the gray shirt was pulling everything apart inside the car. Q A Q What car? Doris's car. All right. Did that second police officer

have any interaction with you at all? A Q No. So by the time the second police officer

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night? No, not that night. We'll break that up. First of all, we know

you were taken to the police station and you were arrested and processed and all that. Did you see that

police officer in the gray shirt when you went to the police station that night? A Q Yes. So he went back to the station according to

what you remember? A Q Oh, yes. Tell me, what happens while you're in the

police cruiser with the officer who wore the white shirt before you get to the station? A Q Nothing. Is there any conversation between the two of

Nothing. Did he ask you any questions? No. Did you ask him any questions? I asked him why he stopped me. And what did he tell you? He wouldn't answer me. So you're saying you asked him why was I

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arrested? A Q A Q A Q Yes. And he just drove? Did not answer a question. Did he say anything to you at all? Nothing whatsoever. How long a trip from the motel to the police

station, do you know? A Three minutes possibly. I'd never been to

the Saybrook Police Department. was. Q A Q

I never knew where it

So it was a few minutes? Just maybe two minutes. When you were taken out of the police

cruiser, where were you brought? A Q A Q A Q A Into a very small room. Okay. And what happened inside that room?

I was told to stand facing against the wall. All right. Yes. And then what happened? I heard somebody else come in. Because Did you do that?

there were two police officers now. Q Okay. I want to stop you. I want to ask

you, who was the person who told you to stand against

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the wall? A Q The police officer with the white shirt. So then that person is still there and

someone else came in you say? A Q A Yes. Tell me what happened. I turned around because I heard talking and Should I say it?

I heard noise behind me. Q

You can say whatever it is. ATTORNEY SPINELLA: question. Just respond to the

A Q A Q A

"I told you to face the fucking wall." Who said that, if you know? The cop with the white shirt. And then what happened? I was grabbed from behind, and my head was

smashed against the wall until I was just knocked out. That's all I can remember, being knocked out. Q Okay. Are you saying that your head was

smashed against the wall face first? A Q Yes. And are you saying it was smashed against

the wall one time or more than one time? A I remember twice, seeing two tremendous And I

flashes, like a flashbulb went off in your face.

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screamed out "Why are you doing this to me?" go again. Q A Was there any response to that? No.

Here we

After that I don't remember anything

because I just woke up face down in a pool of blood. And the two of them that were there, one had the gray shirt, one had the white shirt. Q All right. So tell me, do you know the name

of the one with the gray shirt that was in this small room? A That's Demarco. He has harassed my father

and he has harassed me. Q I want to try to put that aside, if we can,

just so we can find out what happened. A Can I use the bathroom? ATTORNEY GERARDE: Off the record.

(Whereupon, a recess was taken at 12:30, and the deposition resumed at 12:37.) Q So when we left off you were in this small

room, and you told me what happened with the conversation you had with officer in the white shirt. And you said that a second officer who you say is Demarco came in. And my question for you is, are you

able to tell me who it was that you say pushed you into the wall?

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A shirt. Q A

I believe that it was the one with the white

And you believe it happened two times? I know that my head was smashed against the After that, I don't remember anything.

wall twice. Q A

Until when? It could have been two years later. When I

regained consciousness, I only know that my face felt very warm, my hands were very warm, and I realized this was all blood. And when I look over, my head was The handcuffs were removed from

facing to the right.

me at this point in time, and Demarco was standing next to me. His shiny black shoes were standing within

inches of my face. Q Okay. So you're saying -- we're going to

get you to the point where you said "the next thing I remember." the floor? A Q A Q A Q A Yes. And you were in that same room? Yes. And you said there's blood on the floor? Yes. And Demarco is in the room? Yes. The next thing you remember is you were on

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Q A

And is anyone else in the room? At that time the cop with the white shirt

had walked out and Demarco was immediately standing to my right. Q A My head was faced to the right. Did you want to tell me something else? When I realized that it was blood coming out

of my mouth and out of my nose and out of my eye, I took the blood, like this, from my mouth and I smeared it down the pant leg of Officer Demarco. gray shirt. Q A Q He had the

And I said, "Here, have some of my DNA."

You remember saying that? Oh, yes, indeed I do. So let me ask you this: Is that when you So you

are on the floor -- well, let me ask you this:

don't remember anything else happening between the time you say your face hit the wall and then you kind of come to -A Q Twice my face was smashed against the wall. So between that time and the time that you

realized you're on the floor and there's blood, did anything else happen that you remember? A I wouldn't know. I was unconscious,

completely unconscious. Q So you now told me you wiped blood from your

face and wiped it on Demarco?

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No one doubts that.

You keep saying "she would kill

me," were you not allowed out after a certain time, or was she expecting you home with the cat? A Yes. Because I just went grocery shopping.

We had just moved in to a new apartment. Q So what you're saying is if you had stayed

out later or for several hours then you would have been in trouble with Doris? A Yes, of course. Because's why -- I don't

understand where they come up with one o'clock in the morning. That's when -- I'm sure that's when they

released me. Q So do you think you were in the police

station for four hours? A Probably. I was unconscious. Because I

don't remember getting my eye kicked in or four broken ribs or a broken left arm. I don't remember that. I

can remember having my face smashed against a wall twice. After the second time that I saw a flash, like

a flashbulb, I don't remember anything except waking up in a puddle of blood and wiping it against the guy with the gray shirt. I wiped it right down his leg and I And I'm sorry, here I go

said, "Have some of my DNA." again. Q

One of my questions was going to be, how

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what happened in the first interview room and then in the second interview room. You don't have to go

through all that again because that's all been written down. I'm just wondering, is there anything that's in

your mind that you can think of now that you haven't told me that happened between you and the police? A Q that. Before or after? That's a very good question. I appreciate

Because I know that you believe things have

happened with the police after this. A Q Oh, yes, yes, indeed. We've got to keep that aside for right now. This one particular

I'm talking about this night. arrest.

I know what you've told me already about the I know you've told me about the

motel parking lot.

first interview room, the blood on the floor, the second interview room. And that's all been preserved. I'm just

You don't have to go through any of that.

wondering, is there anything else that happened that night between you and the police? A Q No. Is there any other police officer that you

can think of that was involved at any phase of this, either at the motel or at the station? A Yes.

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Q A Q A record. Q A

Tell me about that. The desk sergeant. Do you remember a name? No. But I'm sure you could get that on

I think we can. I will bring this to your attention for one I have been arrested so many times that

simple reason:

I'm quite familiar with the Saybrook Police Department, the building, the structure of it, the rooms. And I

can say for sure -- I hope this is being taken down -that if I sit in the same room where I was beaten and I can hear the voices of the desk sergeant talking to a police officer, then why was it that when my head hit the wall the first time and I was screaming and crying out "Why are you doing this to me," to the two police officers, Mr. Gray and Mr. White, who were doing this to me, that the desk sergeant didn't come in and say, Hey, guys, what are you doing to this man? You see,

because the desk sergeant, if I can hear him talk -and I've been in this police station now so many times -- why the third person who witnessed with his ears and witnessed with his eyes didn't come and say, Come on, what are you doing? that's on record. That is my statement, and I hope

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Q

It certainly will be.

You're going to get a

chance to actually review this so you can make sure. A I'm sorry. This is just rehashing the whole

doggone thing over again. Q Let me walk through this and see if I What you're saying is -- well, first let

understand.

me make sure, there was nothing else physical between you and any other officer? A Q No. And what you're saying is that you would

have expected a desk sergeant, who clearly would have been in earshot of what was happening and could easily see what was happening, would have intervened and not let what happened to you happen? A Yes. A little intervention would have been

helpful for the little Danish man. Q Okay. First of all, are you telling me

there was someone sitting at the desk? A Q A Yes, there was. An older gentleman.

Do you happen to know the name? No. I had never been in the police

department in my life. Q All right. So did you have any

conversations you can remember at all with that person, that person sitting at the desk?

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A Q

No. Now, other than what you've told me now, is

there anything else that the police did on that night that you have a problem with? A Q A Q A Q No. So you've told me it all? Yes. With respect to that night? Yes. Now, I want to ask you about that officer Are you

with the gray shirt at the motel parking lot.

saying that that officer is the same officer that you wiped the blood on? A Q A Yes. Okay. Yes. And are you sure of that? He's the officer -- if this is going

on record, he's the officer that tore open the plastic garbage bag that had the soda and beer cans in it that wouldn't go into the machine while I was in the police officer's car with the white shirt. ATTORNEY SPINELLA: I don't want to be

an obstructionist here, but we have gone over this at least three, four times, that he's testified it's the same person. I I

think I've been pretty liberal about it.

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really would appreciate it if you could just move on. ATTORNEY GERARDE: That's fine.

So I want to be clear about this though:

Are you saying that you didn't have anything alcoholic to drink that night? A Q A Q No. Or during the day? No. Okay. So if you had taken a breath test, it

would have been a zero point zero, not even a sip? A Except drinking too much tea, because I'm a No, no alcoholic beverage.

tea drinker. Q

And when you were in the presence of the

officer, you weren't under the influence of alcohol? A No. And I don't take drugs or smoke Why is this starting

marijuana or do crack or cocaine. all over again? Q We're getting close. ATTORNEY SPINELLA:

That is another

question that's been asked at least three times here today. THE DEPONENT: I wish Doris was alive. Just relax, Karl.

ATTORNEY SPINELLA:

Maybe we can just move on.

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THE DEPONENT:

Just move it away from

Who's going to pay my hospital bills? ATTORNEY SPINELLA: Let's just get done

with this. We're getting there, Karl. I hope so. You and Steve White left the police

department? A Q A Yes. His girlfriend and him picked me up.

Where did you go? We went right to his place where our cat

Where Doris and I, our cat. Q Okay. I understand that. What happened

when you were over there? A I stayed there and I called Doris. And

Steve White used to be a corpsman. Q A Q A A corpsman? A corpsman. No. Do you know what a corpsman is?

Tell me, please. He lost

He has a red cross on his helmet.

his eye in Desert Storm. Q A Steve did? Stephen White lost his eye in Desert Storm.

And he looked at me and goes, "You can't go anywhere. You're going to sit up all night. You've got a

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concussion."

And he goes, "And don't look in a mirror

because it seems to me your eye is ready to pop out of your head." He says that I better get to the hospital, And Doris says to me, "Where And then I said, "Honey,

and he called Doris up.

in the hell have you been?" I'm fine." accident? me."

She goes, "Were you in an automobile How's the cat?" I said, "Don't worry about He says to me, "You've got a

Steve's a corpsman.

concussion.

You can't go to sleep because somebody

with a concussion, if they go to sleep, you can have an aneurysm." Q A with this? ATTORNEY SPINELLA: Q Just be patient. So what And he knows because he's a corpsman. I understand. All right. Why am I going on

I'm tired of this thing.

Walk me through it in time frames.

happened during the next several hours? A I just sat up all night. I had a couple of He used to work

beers with him. at Ames. cat.

He had to go to work.

And I was with our cat, with Doris and my He said,

And we just sat up and watched TV.

"You're not going to sleep." asleep after this." Q White?

He said, "You cannot fall

Are you saying you drank beer with Stephen

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A

Oh, afterwards.

This is after the fact.

Before I went to the hospital in the morning at around seven o'clock. He said to have a cold beer and sit up

with me because you're not going to go to sleep because you could have a brain aneurysm. Q to you? A Q A Q Yes. He was a corpsman. That's a medic. Okay. You're saying Steve White said this

I'm understanding you. Okay. So how many beers would you say you had with

Steve White? A all night. Maybe one, one and a half. I just sat up He said

He said I couldn't go to sleep.

because I could have an aneurism. Q Was there some reason why you didn't go to

the hospital right away? A For two reasons. I couldn't see straight.

I could not see straight.

Steve's car was broken down,

which is why when I went grocery shopping, and he lives a few miles from Stop & Shop, that I told Doris, I said, I'm going to stop at Steve's to see if he needs groceries, because his car was not running. going to drive me home? Steve? So who's

He's got to go to work

in just a few more hours, and he sat up with me all

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night long. Q

He worked at Ames in Saybrook.

So are you saying that you didn't have any

way of getting to the hospital? A me. Not at that time. He didn't want to drive

He had to go to work.

And I was so dizzy -- and That wasn't even half

boy, that's a beautiful picture. of what -- I'm sorry.

ATTORNEY SPINELLA: the question here. A Q

Karl, that's not

I feel like I'm being punished. I'm just walking you through sequentially So you stayed at Steve White's. You

what happened.

had one or two beers with Steve White? A Q A Not even two beers. Not even two? And then my cups of tea. I usually have

four or five cups of tea. Q hospital? A Oh, yes. Immediately following after I went And there was a time that you did go to the

to take the cat home to Doris at our new apartment, and she looked at me and said, "I'm taking you to the hospital." Q Okay. So what you're saying is you stayed

at Steve White's and then you got in Doris's Nissan --

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A Q River? A Q A Q A Q River -A Q A Q A

-- 240 SX XL. And you and your cat then drove back to Deep

Yes. About what time was that the next morning? Approximately six-thirty. A.m.? Yes. Approximately.

So you arrived at the apartment at Deep

Yes. -- and saw Doris? Yes. And Doris said what to you? "Honey, you better go to the hospital." I think I've told this story a I

keep repeating it.

hundred thousand times. ATTORNEY SPINELLA: already been said. Q A Q A How did you get to the hospital? Doris drove me. What happened at the hospital? They looked at me, and the emergency room I think that's

person said to me, "You were wearing bracelets last night." And I'm looking at him and I'm saying what do

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you mean I was wearing bracelets? have been in jail or arrested." rather not say anything."

He says, "You must

I said, "I would

He said, "Well, I can tell

by" -- this was the doctor who was putting the cast on my arm, on my left arm. And I had all black and blues And he said --

and cuts on my wrists, on both wrists.

his words were, "You were wearing bracelets last night." Q Did you tell anybody at the hospital about

what happened at the police station? A Q No, I did not. What -- I have the records, so I don't have But I know you were at You didn't

to ask you that kind of detail.

the hospital that morning, then you left.

stay in the hospital for days or anything; is that right? A No. They bandage up your nose. They put

cotton, stick it inside. on.

They put a fiberglass cast

They're made of fiberglass now, not like the old

days when they were made of cement or plaster or whatever. And that's the way I was for almost two

months, with a cast on my left arm. Q Did you have any type of treatment or

rehabilitation after that day with respect to either your nose or your elbow?

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A Q A

Oh, yes.

My eye.

Let's leave the eye aside for a minute. That was all part of it, because I never had This stuff all started

to wear glasses in my life. afterwards. Q your eye. A

I understand you're making a claim about

I'm not making a claim about anything.

I'm

just telling you the truth. Q Tell me about this: Did you have any

therapy on your elbow other than just having a cast on it? A Q A Yes. Tell me about that. I've seen so many doctors since then. Then

I also had EKGs where they put all the wires to your head. They put all these wires to your head when you You look like medusa.

start getting headaches.

There's blue, green, yellow, orange, you name it, and they put wires to your head and put you in a room and turn out the lights and do whatever, I don't know. They must have records of that. Q I'm not sure I've seen that record, though.

Tell me, when did that happen? ATTORNEY SPINELLA: He's talking about

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the MRI or a CAT scan, rather, that shows a frontal hematoma of the frontal lobe of the brain. THE DEPONENT: You know all about it.

You know more than I do. ATTORNEY SPINELLA: take a break here. (Whereupon, a recess was taken at 1:15, and the deposition resumed at 1:20.) ATTORNEY GERARDE: Do I have that? I Maybe we should

don't believe I've seen the CT of the brain. ATTORNEY SPINELLA: I'll show it to you

before you -- before we leave. Mr. Hogfeldt, when you were working full

time, did you file tax returns? A Q A Q Yes. So they're on record somewhere with the IRS? Of course. When you went to court after this arrest,

this DWI arrest, what happened at court, do you remember? A Q There were so many postponements. Ultimately what happened? Do you remember,

did you plead guilty to the DWI charge? A I was told by Bruce Newman and Paul

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Leveloski to carry on with this case, to file nolo contendere. Is that how you say it? ATTORNEY SPINELLA: Off the record.

(Whereupon, an off-the-record discussion was held.) Q Mr. Hogfeldt, what you're saying is that you

don't have a clear recollection of what actually happened to your criminal charges, and we'll get that either from the court records or from your lawyer telling us? A Q I believe so. I want to ask you -- I'm not going to ask

you anymore questions about whether or not you were drinking, but was there anything improper about your driving that night when the police officer was behind you, such as going over the center line? A Q A Q A Q A Q No. Going through a red light? No. Going faster than the speed limit? No. And you're sure about that? Yes. You're sure about that as you are about

everything else you've told me about?

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C E R T I F I C A T E

I hereby certify that I am a Notary Public, in and for the State of Connecticut, duly commissioned and qualified to administer oaths. I further certify that the deponent named in the foregoing deposition was by me duly sworn, and thereupon testified as appears in the foregoing deposition; that said deposition was taken by me stenographically in the presence of counsel and reduced to typewriting under my direction, and the foregoing is a true and accurate transcript of the testimony. I further certify that I am neither counsel nor attorney to either of the parties to said suit nor related to or employed by either counsel in said suit nor am I interested in the outcome of said cause. Witness my hand and seal as Notary Public this ____________ day of __________________ 20 ____.

______________________________ Notary Public Connecticut License No. 00181 My commission expires: November 30, 2004

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CERTIFICATE OF DEPONENT

I, KARL HOGFELDT, have read the foregoing transcript of the testimony given at the deposition on Wednesday, July 16, 2003, and it is true and accurate to the best of my knowledge and/or with the changes as noted in the attached errata sheet.

_______________________ DATE

____________________ WITNESS

At ____________________ in said County of______________, this _______ day of ____________, 2003, personally appeared Karl Hogfeldt, and he made oath to the truth of the foregoing answers by him subscribed.

Before me, __________________________, Notary Public. My Commission Expires ______________________ NO.: 3:01CV1979(WWE) HOGFELDT VS. OLD SAYBROOK POLICE DEPARTMENT KARL HOGFELDT JULY 16, 2003

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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 Donald Hull, 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; On October 22, 1999, at approximately 11:00p.m., I made a stop of a vehicle

operated by the plaintiff, Karl Hogfeldt, after witnessing the vehicle's erratic operation and excessive speed;

Exhibit B

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5.

Upon approaching the vehicle and engaging Mr. Hogfeldt in conversation, I

noted a strong smell of alcohol emanating from his breath; 6. After Mr. Hogfeldt stepped out of the car he had to lean up against the car to

maintain his balance; 7. I noted that Mr. Hogfeldt was slurring his words together as he spoke, and

presented himself with glassy and bloodshot eyes; 8. 9. Mr. Hogfedlt was uncooperative, and refused to perform field sobriety tests; Patrolman Rankin arrived at the scene in time to witness Mr. Hogfeldt refuse

the field sobriety tests; 10. Mr. Hogfeldt began to walk away. I then grabbed him by his left arm. Mr.

Hogfeldt exclaimed, "don't touch me" and attempted to pull away. I then handcuffed Mr. Hogfeldt and placed him under arrest; 11. 12. 13. I then transported Mr. Hogfeldt to the Old Saybrook Police Department; Upon information and belief, Patrolman Rankin continued his patrol; Once inside the interview room, I removed the handcuffs and asked Mr.

Hogfeldt to empty his pockets onto the table, at least three times. Mr. Hogfeldt refused each time, and became increasingly upset;

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14.

I then reached over to remove Mr. Hogfeldt's glasses from his shirt pocket.

Mr. Hogfeldt pushed my arm away, warning me to stay away; 15. I then took a hold of Mr. Hogfeldt's left arm and put it behind his back,

holding Mr. Hogfeldt against the back interview room wall while I continued to check and empty his pockets; 16. During this process, I released Mr. Hogfeldt's left arm, as Mr. Hogfeldt had

relaxed himself somewhat. However, I still kept his left hand on Mr. Hogfedlt's left elbow during this time; 17. Just as I reached into Mr. Hogfeldt's front right pocket, Mr. Hogfeldt yelled

"get out of there" and quickly pulled away moving to his left; 18. As he pulled away, Mr. Hogfeldt fell face first into the wall to his left. Mr.

Hogfeldt did not fall to the ground, but placed both hands on this wall; 19. I then attempted to look at Mr. Hogfeldt's face, but Mr. Hogfeldt again pulled

away, falling to his knees, and leaning over a chair; 20. At some point, Patrolman Perrotti and Patrolman DeMarco came into the

interview room to assist me;

21.

Mr. Hogfeldt became increasingly upset, and had to be held down;

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22.

I applied gauze to Mr. Hogfeldt's nose until the bleeding stopped. Mr.

Hogfeldt refused ice packs, or other medical attention; 23. 24. I then proceeded to complete the booking process; I have reviewed the enclosed Incident Report, and the facts contained

therein are accurate to the best of my knowledge. Dated at Old Saybrook, Connecticut, this 18th ay of February, 2003. /s/ Sgt. Donald Hull Sergeant Donald Hull

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 C

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1

1 2 3

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT KARL HOGFELDT : : NO.: 3:01CV1979(WWE) : : : JULY 16, 2003 : : : : : : :

4 V. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 APPEARANCES: 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

------------------------------------------------------DEPOSITION OF DONALD HULL -------------------------------------------------------

SPINELLA & ASSOCIATES Attorneys for the Plaintiffs One Lewis Street Hartford, Connecticut 06103 (860) 728-4900 BY: A. PAUL SPINELLA, ESQ.

HOWD & LUDORF Attorneys for the Defendants 65 Wethersfield Avenue Hartford, Connecticut 06114 (860) 249-1361 BY: THOMAS R. GERARDE, ESQ. NIZIANKIEWICZ & MILLER REPORTING SERVICES 972 Tolland Street East Hartford, Connecticut 06108-1533 (860) 291-9191 DONNA M. DECIANTIS, LSR

Exhibit D

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Deposition of DONALD HULL, taken on behalf of the Plaintiff in the hereinbefore entitled action pursuant to the Federal Rule of Civil Procedure 30 before Donna M. DeCiantis, duly qualified notary public in and for the State of Connecticut, held at the offices of Howd & Ludorf, 65 Wethersfield Avenue, Hartford, Connecticut, commencing at 2:27 p.m., Wednesday, July 16, 2003. S T I P U L A T I O N S It is hereby stipulated and agreed by and among counsel for the respective parties that all formalities in connection with the taking of this deposition, including time, place, sufficiency of notice, and the authority of the officer before whom it is being taken, may be and are hereby waived. It is further stipulated and agreed that objections other than as to form are reserved to the time of trial. It is further stipulated and agreed that the reading and signing of the deposition are not waived. It is further stipulated that the proof of the qualifications of the notary public before whom the deposition is being taken are hereby waived.

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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 you?

A Q attorney? A Q

No, I'm not familiar with those. You've never reviewed them with your

No, sir. What have you reviewed here prior to your What documents have you looked at?

deposition? A

I reviewed the case a couple days ago and

just before I came in here. Q What do you mean you reviewed the case?

What does that mean? A Q A My police report. Anything else? No -- my training record that I gave you. ATTORNEY GERARDE: Paul, he's including That

the notice of rights and all that. package that you gave me. ATTORNEY SPINELLA: Q Oh, okay.

You reviewed all the documents your attorney

gave to me today? A Q Yes, sir. Who drew up the A-44 in this case? Was it

A Q A

Yes, sir. And who took your oath? I believe it was Patrolman Perrotti, No. 16.

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Q A Q A Q A

Who is Cynthia Huckel? She's a patrol officer. Okay. How do you spell her last name?

H-u-c-k-e-l. So Perrotti and Huckel were both on duty -No, I'm sorry. Perrotti was a witness to

the refusal.

So he signed as a witness to the refusal.

Officer Huckel signed for the oath. Q So they were both on duty in the police

department while Mr. Hogfeldt was in the department? A Patrolman Perrotti was. I believe Officer

Huckel came in for the day shift at 7 a.m. or 6:30 a.m. Q Do you know if Perrotti was present, was in

a position to observe the plaintiff for the entire period that he was in the police department? A Yeah. He was in a position to, whether he

was answering the phones or... Q officer? A Q A Q Yes, sir. He's the one taking the calls? Yes, sir. How many people were actually in the Was he the desk sergeant or the desk

department while the plaintiff was there? A Myself, Patrolman Perrotti on the desk, and

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and let them know it's happening, correct? A Q Yes. Now, for example, I know with the

State Police when there's a stop made and a call into the dispatcher, they actually have a card system where the dispatcher punches in a card that has a time that the call came in, and then there's a notation made. A Q Yes, sir. Does the Old Saybrook -- let's say, at the

time of this incident in 1999, did the Old Saybrook Police Department have anything like that? A Well, what we always did when there's any

kind of motor vehicle stop was call into the station and let them know our location and the license plate of the vehicle we were stopping. Q system. A But what I'm interested in is the card Did you have something like that? I really wasn't finished. The only time we

actually take a case number is if we issue a written warning, an infraction, if we take some action other than a verbal warning. Q That's really not what I'm saying here. The

dispatcher with the State Police -- actually when -the dispatcher himself or herself when they get the call in, they'll take a card and punch it in. And so

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the time will appear on the card with a number that signifies the type of stop it is, and then there'll be a notation, you know, Sergeant John Doe or something. My question is, was that kind of system in place with the Old Saybrook Police Department? A Q A No, sir. Would any kind of notation be made? Again, just like I said, if some action was

taken, then a case number would be pulled and has the date and time and location and all the information on it. But that would be the only time. Q Is there any record at all -- would there be

any kind of a record at all to show when it is that you called it in that day when you first came upon Mr. Hogfeldt? A The Dictaphone records all the radio I

transmissions, and that gives you the date and time. don't know if they still have that for '99. Q A They're probably destroyed by now? I really don't know. I don't know if they

keep them that long. ATTORNEY GERARDE: minute. (Whereupon, an off-the-record discussion was held.) Off the record for a

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Q

Now, again, let me refer your attention to

October -- well, actually, let's say, October 21st, late in the -- that would be in the early morning. you remember -- first of all, when did you come on duty? A Q A Q duty. A What I do pretty much all the time. I check Eleven o'clock. On the 21st? Yep. And tell me what you did once you came on Do

the cases, previous cases for the shifts before mine, since my last shift; assign whoever's working the road with me; review the shift before with the previous sergeant; do vehicle assignments and area assignments; and then, you know, go on patrol myself. Q And in this particular case, who was on

patrol with you on this particular night -- or morning, I should say -- or night? ATTORNEY GERARDE: about 11 p.m., right? A Q Eleven at night to seven in the morn. So when you came on at eleven at night, who Wait. We're talking

was starting that patrol shift with you? A It was myself, Officer Rankin was on the

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road and Officer Perrotti was on the desk. Q A And what about Demarco? He had worked the evening shift. His shift

ended at eleven, so we were replacing him. Q A Q road? A It's usually around quarter after or so, I couldn't remember exactly. So at some point you began patrolling? Yes, sir. And what time did you actually go on the

twenty after. Q A town. Q

Where did you go in this case? On the midnight shift, pretty much all over There's no pattern. Do you remember any of the places that you

went before encountering Mr. Hogfeldt? A Q No, sir. Now, tell me about your -- first of all, had

you ever met the plaintiff in this case before? A Q A I don't think so. Well, you say you don't think so -I don't recall. I mean, if I came across

him in passing or something... Q A Q What about Demarco, did he know him? I don't know. Well, you said that you talked about this

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case with Demarco.

Didn't the issue of whether or not

this man was familiar to Demarco ever come up? A Q A Q Not that I remember. What about Perrotti, did he know him? I don't think so. So you're saying you just don't remember

talking to either of those two officers as to whether or not they knew the plaintiff? A I don't remember the exact conversation.

And I don't remember them specifically saying they knew him before this. don't know. Q It just seems to me that if you're being I mean, it's possible. I really

sued by somebody, that would be one of the first questions that you would be -- that would arise, as to whether or not you knew who he was. A Again, it was so long ago, to be honest, I

really don't remember the conversation. Q him. Now, tell me about your first encounter with

What did you see? A I was traveling northbound on Great Hammock

Road, and I saw his car cross over the lines. Q A Q What kind of a car was it? It was a small red car. Then what happened?

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A

I was still directly behind him.

He had

turned left onto Old Boston Post Road. short distance to Route 1. there.

That's just a

And there's a traffic light And he

And then he turned right onto Route 1.

was completely in the other lane.

We were going

eastbound now, and he completely went into the westbound lane. Then he accelerated. He got up to, I

think it was, 49 miles an hour. the white lines. Q hour? A Q A

He was crossing over

How do you remember that it was 49 miles an

From reviewing the report before. Oh, okay. Then what happened?

We got to the intersection of Route 1 and And that's when he took the

North Main Street. left-hand turn.

And that's when -- at that

intersection -- as we approached that intersection is when I activated all my lights, my emergency lights. Q A And then what happened? He continued onto North Main Street, turned

a left into the -- it's a long driveway for the motel, drove into the parking area, to the back and then pulled up in front of one of the motel units. followed behind him with my lights on. Q And then what happened? I

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A

I got out of the car.

I approached his

driver's side door. Q A Q A

Officer Rankin arrived.

Officer who? Rankin. Pulled up with his -Did you call him?

Now, why did he arrive?

Yeah, I called on the radio, and said I

believe I had a signal eight, which is a DWI. Q A I'm sorry, you believed that what again? I had a signal eight, which is a code for a So whenever we have a drunk driver, if

drunk driver.

somebody's available, we always back them up to witness the roadside and... Q A Okay. Then what happened? It was an open

Patrolman Rankin pulled up.

parking area.

His car pulled up so his headlights were I

facing the driver's side door of Hogfeldt's car. asked him for his license and registration. pretty agitated. Q A Was he by himself? No. He had a passenger.

He was

That was Stephen

White, I think it is. Q Where was -- did White remain seated in the

car during all this? A Q During this part of it, yes, he did. And then what happened?

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A

I asked him for his license, registration.

I could tell there was a strong odor of alcohol on his breath when he was talking. together. He was slurring his words

He was very agitated, saying that he was on He was making a lot of comments like He was pretty upset that I When he

private property.

I had no right to stop him. stopped him.

He had stepped out of his car.

stepped out of his car, he fell back up against his door, and he was kind of holding onto it just to steady himself. I asked him to do the roadside sobriety test.

He made some comment to the effect that he'll do whatever he wants, or something to that effect. I

asked him to step to the back of the car and he did. And I believe that's when White got out of the car. And I'm not positive, but I think he asked Officer Rankin if he could go into the motel room. But he I

stood there for a while at the front of the car. couldn't say exactly how long; I was really just dealing with Mr. Hogfeldt. roadside sobriety. I asked him to do the

He said that he would.

I asked him From

to do the alphabet first.

He said that he could.

reviewing the report, he got to the letter G and then slurred it or did some letters in a random order. Then

he said he wasn't going to do anything anymore, wasn't going to recite the alphabet anymore unless he talked

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to his attorney. Q Now, at that point did he make a request

for an attorney? A No. He just that he wasn't going to recite

the letters unless he had his attorney. Q Well, it says here in your report he would

not recite anymore letters until his attorney was there with him. Don't you -- didn't you interpret that as a

request for a lawyer? A Q A why. Q I mean, is there a certain protocol that a No, sir. Why not? I didn't. I don't know what to tell you,

citizen must pursue before you come to the conclusion that an attorney is being requested? In other words,

in your view, is a citizen required to sign a written form or something of that sort? A Q A Q To request an attorney? Yes. No, sir. What do you have to do for you to -- what

sort of circumstances have to occur before you arrive at the conclusion that an attorney has been requested? A If I have him in custody and I'm

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interrogating him and he requests an attorney. Q A Q A Q Was he free to leave? Not at that point. He was in custody? Yes, sir. Okay. So that satisfies the first

requirement, does it not? A Q Sure. So why is it that you did not come to the

conclusion that he had requested an attorney? A Q He didn't ask for one. It says here that he wouldn't go forward

unless he had his attorney with him. A He said that he wouldn't recite anymore

letters unless he had his attorney there. Q I see. So if he said, for example, that he

would not proceed to the police station unless he had an attorney, would that constitute a request for an attorney in your opinion? A Q A No. That's still not a request for an attorney? No. What I was doing was trying to I wasn't

determine whether he was fit to drive or not. interrogating him on any other basis. find out if --

I was trying to

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Q A Q

But you just told me he was in custody. He couldn't leave at that point, no. Okay. By the way, why don't you tell me

when in your view your right to conduct an interrogation or question a person in custody ceases? A Q Could you be more specific? I'm talking about with respect to whether or In other

not an attorney is requested to be present.

words, do you understand that at some point a person in custody has a right to be free of any police questioning until an attorney is present? You

understand that at some point that a citizen has that right? A Q A Yes, sir. Okay. And when does that occur? There's a

A lot of different times.

multitude of situations that would occur. Q Just tell me generally. I mean, isn't there

a rule about that in general? A Q I'm not sure exactly what you're asking. Well, isn't it true that once a person in

custody requests that an attorney be present, your right to conduct any interrogation ceases? ATTORNEY GERARDE: form. Objection to the

You can answer if you understand it.

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A Q question? A

I'm not sure I understand. What don't you understand about that

I'm not sure exactly what you're asking, to

be honest with you. Q Is there a form of words that I'm using Let me ask it again. You I'm

that's confusing to you?

stop me when you don't understand what I'm saying. asking you when your right to interrogate a citizen

ends, at what point once that citizen is in custody and says he wants an attorney present. A Q If you're looking for an example -Let me put it to you this way, because I'm I think the question

not trying to be argumentative.

is clear, but I'll try rephrasing it. Is it true that once a person in custody requests that his attorney be present, is it true that at that point your right to interrogation ceases? A Q A It would depend on the situation. What situation? What do you mean?

If I had a suspect in custody and I was

interrogating him about a crime that I thought he committed and he asked for his attorney, I would absolutely stop questioning. Q Say that again.

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A

If I had a suspect in custody and I was

interrogating him for a specific crime and he stated that he didn't want to talk to me and that he wanted his attorney there, I would immediately stop questioning him. Q custody? A Q Yes. And you were interrogating him about this And in this case was the plaintiff in

particular crime, that is to say, DWI? A Q I was investigating it, yes. That fits all the qualifications, doesn't

A Q A drive: Q

No, sir. Tell me how it doesn't. I'm just trying to find out his condition to If he's fit to drive or not. But you were so convinced that a DWI had

occurred, that particular crime, that you called for assistance, correct? A Q Yes, sir. So you had a pretty clear idea that -- at

least probable cause in your view -A Q Yes, sir. -- that a DWI had occurred?

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A Q A Q

Yes, sir. Okay. And the plaintiff was in custody?

Yes, sir. All right. So under your own definition,

when Mr. Hogfeldt, the plaintiff, said I want my attorney here, I want my attorney present, didn't your right to interrogate cease at that point? A Q No, sir. Okay. That's not how I understood it. So after Hogfeldt said

All right.

that he wanted his attorney there with him, what happened next? A After he said that he wouldn't recite

anymore letters until his attorney was there, he said that he was just tired of all this. upset, and he said he was leaving. He, again, got So he turned to his

left and started like he was going to walk away. Q A Then what did you do? He said he wasn't going to do anymore of the

roadside sobriety tests, so I placed him under arrest for driving under the influence. Q Now, where in your report does it say he Your last

refused to take any roadside sobriety test? statement. A Q Can I take a look at that? Sure.

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ATTORNEY GERARDE:

Do you want to see

mine, the one that's underlined in the right spots? Right down here on this first page. Second

to the last paragraph, the last sentence.

I asked

Hogfeldt if he would do any other tests and he stated that he would not. Q A All right. So then what happened?

Put the handcuffs on him, put him in the

back of my cruiser, searched his vehicle. Q Now, at that point -(The deposition is interrupted by someone at the door. Whereupon, an

off-the-record discussion was held. Attorney Titus takes Attorney Gerarde's place in the deposition.) At that point he was under arrest for DWI? Yes, sir. And based on what? Based on my observations. Being what? Being the operation of his vehicle. Well, let's be specific about this. You

mentioned, I believe, three events that led you to that conclusion: Operation of his motor vehicle, the fact

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he smelled of alcohol. there was one? A Q

What was the third one, if

Slurred speech, glassy bloodshot eyes. Wait a minute. Slurred speech. What speech

did he slur? A Q A Q A Q He was slurring his words together. Tell m