1 1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS 2 No.: 12238-KPN 3 4 5 DAVID BUNN, ET ALS. PLAINTIFFS 6 vs. 7 8 CHIEF KEVIN GLEASON, ET ALS. DEFENDANTS 9 10 11 12 ------------------------------------------------ DEPOSITION OF: DAVID BUNN 13 ------------------------------------------------ 14 15 16 Taken before Roxanne C. Costigan, 17 Certified Merit Reporter, Notary Public, pursuant to Rule 30 of the Massachusetts Rules 18 of Civil Procedure, at the law offices of ROBINSON DONOVAN, P.C., 1500 Main Street, Suite 19 1600, Springfield, MA, on April 30, 2008. 20 21 22 23 Roxanne C. Costigan 24 Certified Merit Reporter 2 1 APPEARANCES: 2 FOR THE PLAINTIFFS: 3 ERIN I. O'NEIL-BAKER LAW OFFICE 4 457 Main Street Hartford CT 06103 5 860-466-4278 BY: ERIN I. O'NEIL-BAKER, ESQ. 6 7 FOR THE DEFENDANTS: 8 ROBINSON DONOVAN, P.C. 9 1500 Main Street, Suite 1600 Springfield MA 01115 10 413-732-2301 BY: NANCY F. PELLETIER, ESQ. 11 12 13 Also present: Judith Bunn Cougar Bunn 14 15 16 17 18 19 20 21 22 23 24 3 1 I N D E X 2 3 WITNESS DIRECT CROSS REDIRECT RECROSS 4 DAVID BUNN 4 5 6 7 EXHIBIT PAGE 8 Exhibit 1, Dr. Easterly note................. 34 9 Exhibit 2, property list..................... 55 10 Exhibit 3, affidavit......................... 76 11 12 13 14 15 16 17 18 19 20 21 22 23 24 4 1 S T I P U L A T I O N S 2 3 It is agreed by and between the parties 4 that all objections, except objections as to the form 5 of the question, and all motions to strike 6 unresponsive answers are reserved to be raised at the 7 time of trial for the first time. 8 It is further agreed that the deponent 9 will read and sign the deposition, notary waived, and 10 that the sealing of said deposition will be waived. 11 12 DAVID BUNN, the Deponent, having been 13 first duly sworn and identified by production of his 14 driver's license, deposes and says as follows: 15 16 DIRECT EXAMINATION BY MS. PELLETIER: 17 Q. Good morning, sir. Can you state your 18 name and present residential address for the record, 19 please? 20 A. Yes. David Bunn. I live at 30 Front 21 Street in Brownville, Maine 04414. 22 Q. How long have you resided at that 23 address? 24 A. Just a little over a year now. 5 1 Q. Who lives there with you? 2 A. I live there with my wife Judy. 3 Q. Just your wife Judy? 4 A. Yup. 5 Q. No one else resides there? Where does 6 Christena Dodge reside? 7 A. She lives next door at 28 Front 8 Street. 9 Q. How about Daniel Collins, if you know? 10 A. Daniel lives on New Britain Avenue, 11 Hartford, Connecticut. I'm not sure of the street 12 address. 13 Q. Do you know where Jamie Bunn lives? 14 A. 28 Front Street, Brownville. 15 Q. Where does Cougar John Bunn, who I 16 believe is in the room, live? 17 A. Cougar is living at 28 Front Street 18 also. 19 Q. Do you know where Phoenix Dodge lives? 20 A. Phoenix, 28 Front Street. 21 Q. How about Christena? 22 A. 28 Front Street. 23 Q. Justice? 24 A. 28 Front Street. 6 1 Q. Who owns the two properties on Front 2 Street? 3 A. They're owned by John C. Bunn Trust, 4 which is our family trust. 5 Q. Who is Smokey Bunn? 6 A. Smokey Bunn is my son. 7 Q. Is that his real name? 8 A. That's his real name. 9 MS. O'NEIL-BAKER: Just wait until 10 she finishes her question -- 11 THE WITNESS: Okay. 12 MS. O'NEIL-BAKER: -- and then 13 answer. 14 Q. (By Ms. Pelletier) What's his date of 15 birth? 16 A. May 20, seventy -- oh, '79, I 17 believe. Yeah, '79. 18 Q. Where does he live? 19 A. He lives in Bangor. I'm not sure of 20 his address, Bangor, Maine. 21 Q. Do you have any other children other than 22 those that we've just gone through? 23 A. Yes. 24 Q. Can you give me their names? 7 1 A. Cosmo Bunn. 2 Q. Cosmo? 3 A. Bunn. Yes. C O S M O. 4 Q. Yes. 5 A. And he lives in Florida. 6 Q. How old is he, date of birth, if you 7 know? 8 A. Oh, let's see. August 11, '72, I 9 believe. 10 Q. Is Cosmo's mother Judy? 11 A. No. That would be Gail. That was my 12 first wife. 13 Q. Gail Bunn? 14 A. Yes. 15 Q. Anybody else? 16 A. Ashley Bunn and Heather Bunn. 17 Q. Dates of birth? 18 A. Let's see. Heather is August -- no. 19 No. These two, they're so close. One's October 20 5. One's October 9th. All together, I have seven 21 children, and I have a real hard time retaining 22 dates, so. 23 Q. Can you give me Ashley and Heather's 24 ages? 8 1 A. Let's see, Heather's twenty-eight 2 now. Twenty-eight or twenty-nine. And Ashley's 3 twenty-seven, twenty-eight. 4 Q. Who is Ashley's mother? 5 A. Ashley's mother is Nancy Bunn. 6 Q. That would be your second wife? 7 A. Yes. 8 Q. When were you married to Gail? 9 A. About 1971, I believe. 10 Q. Through? 11 A. Oh, didn't last too long, about 1973. 12 Q. How about Nancy? 13 A. Nancy, again, I'm very bad on dates. 14 I would be guessing. Probably about '75, I think, 15 thereabouts. 16 Q. Through? 17 A. Let's see, the next one, '76, I 18 believe. 19 Q. Is Nancy Heather's mother as well? 20 A. Yes. 21 Q. Where do Heather and Ashley live? 22 A. Heather, I'm not sure. Way out of 23 state. Ashley, I'm not sure. Way out of state. 24 I'm estranged from those two children. 9 1 Q. Do you have any other children? 2 A. I think the rest we've listed 3 Christena, Smokey, Danny, Cougar, Star. 4 Q. Star? 5 A. She's living in Hartford, 6 Connecticut. I'm not sure of her address. She 7 moves around. 8 Q. Bunn? 9 A. Mm-hmm. 10 Q. That's yes, for the record? 11 A. Yes. 12 Q. Who is Star's mother? 13 A. Star's mother is Judy. 14 Q. Her date of birth or approximate age? 15 A. She's twenty. She was born June 15, 16 '87. 17 Q. In March of 2003, where was Star living? 18 A. 2003, Star was -- oh, where was she 19 living at that time? Massachusetts. I'm not sure 20 of her exact address at that time. She moved 21 around. 22 Q. Did she ever live with you in Holland? 23 A. Yes. 24 Q. During what period of time? 10 1 A. She was in and out. We've had some 2 issues with Star. 3 Q. What kind of issues? 4 A. Personal issues. Star's a special 5 child. 6 Q. Can you tell me what you mean by that? 7 A. Star has issues that needed to be 8 addressed with therapy. Star is a special child. 9 Q. Does Star have a medical diagnosis other 10 than being a special child, to use your term? 11 A. She's had several, and I really would 12 rather not list them because they have been 13 conflicting. The doctors can't seem to come up 14 with a diagnoses. 15 Q. Can you testify as to what the 16 conflicting diagnoses are? I'm not asking you to 17 diagnose her. Just tell me what conflicting diagnoses 18 we're talking about so I have some sense of what we're 19 talking about. 20 A. Between schizophrenia and borderline 21 personality disorder. 22 Q. Did you ever attend joint therapy 23 sessions with her while she lived in Holland? 24 A. Oh, yes. Family therapy, yes. 11 1 Q. Did you get family therapy anywhere in 2 calendar year 2003 with her? 3 A. No. 4 Q. 2002? 5 A. Don't recall. 6 Q. At any time prior to March of 2003, was 7 the Department of Social Services involved with you or 8 any of your children? 9 A. I don't recall. I don't believe so, 10 but I don't recall. 11 Q. Do you not recall because of the date 12 range or do you not recall whether the Department of 13 Social Services has ever been involved -- I apologize. 14 I didn't give you the general rules. 15 I assumed that your lawyer did, and 16 people have a tendency to forget them. So, don't 17 worry about it, but the stenographer needs to take 18 down everything that's being said in the room. And 19 so, it's important for each of us to wait until the 20 other finishes speaking before we begin speaking, and 21 I will remind you and I'm sure your counsel will 22 remind you if we begin to talk over each other, okay? 23 A. Okay. I will try to be aware. I do 24 have a problem of doing that. 12 1 Q. Thank you. 2 A. Sorry. 3 Q. That's okay. Most of us do too. The 4 question was whether or not you were having difficulty 5 remembering whether DSS has been involved with your 6 family at all or whether you were having problem 7 remembering because of the date range? 8 A. Problems remembering because of the 9 date range. During 2002, I was in the process of 10 getting very sick and did not realize it and have 11 some problems with recollection of that time. 12 Q. Do you have a recollection of DSS 13 involvement with your family while you lived in 14 Holland? 15 A. Yes. 16 Q. What was the involvement with DSS? 17 A. It was some counseling with Star, and 18 then after the raid, there was involvements where 19 the police had turned in a false report on my 20 daughter and we were harassed by some DSS 21 agencies. When I say we, I refer to my family 22 because I was in the hospital at that time. 23 Q. So, there was DSS involvement prior to 24 what you are calling the raid? 13 1 A. Again, I don't recall. That time is 2 very foggy for me. I was -- didn't realize how 3 sick I was. I was almost dying. I didn't realize 4 it. 5 Q. Did you ever have to go to court with 6 Star? 7 MS. O'NEIL-BAKER: Object to the 8 form, just the time frame. 9 Q. (By Ms. Pelletier) The problem with the 10 time frame is that he can't place it. I would say 11 prior to the raid, what you're calling, just for the 12 record, when you're referring to, quote, unquote, the 13 raid, you're referring to the incident in March of 14 2003 in your home? 15 A. Yes. 16 MS. PELLETIER: For purposes of this 17 deposition, counsel, we'll use that term 18 because he is using it, although I don't agree 19 to use the term the raid -- 20 MS. O'NEIL-BAKER: Yes. 21 MS. PELLETIER: -- in the future. 22 Q. (By Ms. Pelletier) Go ahead. The 23 question was whether you have a recollection of having 24 to go to court with Star prior to the raid? 14 1 A. I believe we did have court 2 involvement with Star because of her special 3 needs. 4 Q. Who initiated contact with the Department 5 of Social Services with respect to Star? 6 A. I don't recall. I think it was kind 7 of mutual. We needed help. They offered it. 8 Q. Did you have a particular case worker? 9 A. For Star, Dennis Smith. 10 Q. Did you have a different case worker for 11 somebody else? 12 A. No. The only other involvement was 13 when they called on my daughter Christena. I have 14 no idea what that woman's name was. I never met 15 her. 16 Q. When you say they called on my daughter 17 Christena, who's they? 18 A. The police that raided the house 19 turned in a report. Then of course they had to 20 follow up on it. 21 Q. Are you familiar with the term CHINS 22 petition? 23 A. Yes. 24 Q. Has there ever been a CHINS petition 15 1 filed? 2 A. On Star, yes. 3 Q. On Star. Who filed it? 4 A. I don't recall exactly how that went. 5 My wife handled a lot of the legalities with Star, 6 and I believe that she was advised to and filed on 7 the advice of someone, but I'm not really sure. I 8 don't recall. 9 Q. Was Star ever removed from your custody? 10 A. We gave up custody of Star because of 11 the problems resulting around the cost of her 12 care. We were put in a position where we had no 13 choice but to give joint custody or something 14 along those lines to the state so that they would 15 pick up her medical. 16 Q. When did you do that? 17 A. I don't recall. 18 Q. Was it before or after the raid, if you 19 can recall? 20 A. I believe before. 21 Q. Did you ever have any CHINS petitions 22 filed with respect to any of your other children? 23 A. No. 24 Q. You also indicated that you are estranged 16 1 from Ashley and Heather, is that right? 2 A. Yes. 3 Q. How long have you been estranged from 4 them? 5 A. Oh, quite a while now. I'd have to 6 say since about 1990, 1991. 7 Q. Any particular reason? 8 A. Those children were a product of 9 another marriage. I did not have anything to do 10 with raising them. I'm not responsible for the 11 way they grew up. And I do not condone or approve 12 of things they do. So, therefore, I choose to 13 remove myself from their influence. 14 Q. Are there particular things that they do 15 that -- 16 A. Nothing that would reflect on this 17 case. 18 Q. That's not the question. Any particular 19 things they do that you don't condone or approve of? 20 A. Yes. 21 Q. What? 22 A. I do not condone my son's involvement 23 in drugs. I do not condone my daughter's 24 involvement -- 17 1 Q. Is Ashley -- 2 A. Ashley. 3 Q. -- a he? 4 A. Yes. 5 Q. Ashley is a male? 6 A. Ashley is a he. I'm sorry. 7 Q. That's okay. 8 A. I do not condone the involvement he 9 has had in drugs. And I do not condone the 10 involvement that my daughter has had both with 11 drugs and pornography. Because of the things that 12 these children have done, I have very little to do 13 with them. I maintain very little contact. 14 Q. What's your present relationship with 15 Cosmo? 16 A. Cosmo, I have an excellent 17 relationship with. We communicate all the time. 18 He lives in Florida. So, I don't see much of him. 19 Wonderful kid. Has some health problems. Has 20 done very well for himself. 21 Q. Are you presently employed? 22 A. No. 23 Q. When were you last employed? 24 A. I was last employed at Kenyon Oil 18 1 Xtra Mart which was about 1998. It was late '98 2 or early '99, I started, and I worked there until 3 about 2002. 4 Q. Why did you stop working there? 5 A. The Xtra Mart that I was working at 6 was slated to be demolished and rebuilt, and I 7 left work while they were doing that. I was 8 supposed to be returning to that job. When the 9 building came back up, that position was not 10 available for me. 11 Q. What were your duties there? 12 A. I was the head cashier. 13 Q. So, you haven't been employed anywhere 14 since 2002? 15 A. No. 16 Q. Are you on any type of disability? 17 A. Yes. 18 Q. Are you on social security disability? 19 A. SSI disability. 20 Q. SSI? What's the basis of your 21 disability? 22 A. I had fallen and done some damage to 23 my knee. I now have an artificial knee. I have 24 arthritis through my entire body. My rotary cuff 19 1 has been rebuilt. The bottoms of both my feet 2 have been operated on numerous times for tumors. 3 I am now needing other operations because of 4 growths coming into my hands. They want to 5 replace my right knee. 6 Basically, my physical body has 7 broken down to a point where because of my 8 education and skill level, I am unemployable. I 9 cannot do physical work and I do not have the 10 education to do other. 11 Q. How far did you go in school? 12 A. I went up to tenth grade and then I 13 got a GED and then I came pretty close to bachelor 14 of arts in college and because of a divorce and 15 becoming a single parent for a while had to drop 16 out of school. 17 Q. When did you apply for SSI? 18 A. I don't recall. I believe it was 19 while I was sick in the hospital which put it 20 about 2003. 21 Q. So, had you applied for SSI prior to the 22 raid? 23 A. No. 24 Q. Did you have an attorney working with you 20 1 when you applied for SSI? 2 A. Yes. 3 Q. Who was that? 4 A. Alita Howard. 5 Q. Were you awarded SSI the first time you 6 applied? 7 A. No. 8 Q. How many times did you apply? 9 A. I applied, was denied, and then the 10 lawyer took it and then I won. 11 Q. Is that your sole source of income? 12 A. Yes. 13 Q. Does your wife work? 14 A. No. 15 Q. Is she on disability? 16 A. No. 17 Q. Why doesn't she work? 18 A. She's not been able to work since the 19 raid. 20 Q. Why not? 21 A. She can't maintain a job. She can't 22 focus. She has anxiety. She has trouble going 23 out in public. She started to get a little bit 24 better over the last year since she's moved to 21 1 Maine, but she's tried a few even low level jobs 2 and she cannot maintain them. Her social 3 anxieties just don't allow her to interact like 4 she used to prior to the raid. 5 Q. When was she last employed prior to the 6 raid? 7 A. She was working for Kenyon Oil Xtra 8 Mart and she was management. She was actually 9 overseeing more than one store at a time. 10 Q. Do you file federal and state tax 11 returns? 12 A. My wife handles the money aspects. I 13 don't. 14 Q. So, you don't know whether you file 15 federal and state tax returns? 16 A. No. 17 Q. What was the street address of the 18 property that you lived in in Holland in 2003? 19 A. 2003, I believe at that point it had 20 been re-zoned to 90 Maybrook. 21 Q. It had a different address at some time? 22 A. Yes. The town had re-zoned it. It 23 was originally 80 Maple. 24 Q. Who owned 90 or 80 Maybrook? 22 1 A. It's family owned by the John C. Bunn 2 Trust. 3 Q. Who is John C Bunn? 4 A. My father. 5 Q. Is he alive? 6 A. No. 7 Q. So, the John C. Bunn Trust owns the 8 property that you live in wherever you live? 9 A. Yes. 10 Q. Who is the trustee? 11 A. Judith Bunn and Christena Dodge. 12 Q. Does the trust own any other property 13 other than wherever you live? 14 A. No. Right now, they own the two 15 properties where the family resides in Maine, and 16 that's it. 17 Q. Have you taken any medication today, by 18 the way? 19 A. No. 20 Q. Do you presently take medication on a 21 regular basis? 22 A. No. 23 Q. In March of 2003, we'll begin with March 24 1st, were you regularly taking any medication? 23 1 A. No, I don't believe so. 2 Q. Do you claim, sir, to have had a 3 prescription for legal marijuana in Massachusetts as 4 of the time of what you're referring to as the raid? 5 A. No. There is no such thing as a 6 legal prescription for marijuana in Massachusetts. 7 Q. Have you seen the Complaint that you 8 filed in this case? 9 A. I'm aware that I am listed as a 10 medical marijuana patient. I have a prescription 11 from San Francisco. I have recommendations from 12 numerous doctors. I do not have any 13 recommendations from Massachusetts. 14 Q. Is it your testimony that you had a legal 15 prescription for the use of marijuana in March of 2003 16 from San Francisco even though you lived in 17 Massachusetts? 18 A. Can you please rephrase the question? 19 Q. You just testified that you had a legal 20 prescription for marijuana, medical marijuana, from 21 San Francisco, is that right? 22 A. Yes. 23 Q. When did you get that? 24 A. That was in 2002. 24 1 Q. Why did you get that? 2 A. Why did I get that? I was seeing a 3 doctor. The doctor did a history on me. I fell 4 under the criteria for medical marijuana in 5 California. And he wrote me a prescription. 6 Q. What was the matter with you? 7 A. Pain, arthritis, spasms from nerve 8 damage. Basically, did a history. He found I 9 qualified. He wrote me a prescription. That's 10 San Francisco. 11 Q. Where were you living at the time? 12 A. At that time, I was living in 13 Massachusetts. 14 Q. So, did you fly to San Francisco to get a 15 prescription? 16 A. Drove. And I didn't go there just 17 for the prescription. I went down for an event. 18 Q. The prescription lasted for what period 19 of time? 20 A. It wasn't for any specific period of 21 time. If I were to live in San Francisco, it 22 would have to be updated on a yearly basis. So, I 23 would guess that it would be good for a year. 24 Q. Did you ever have it updated? 25 1 A. I didn't go back. 2 Q. So, the answer is no? 3 A. Yes, the answer is no. 4 Q. So, in your Complaint, in the present 5 tense, the Complaint alleges, and I'm going to quote, 6 David Bunn has a legal prescription for the use of 7 marijuana for medicinal purposes. Are you aware that 8 your Complaint alleges that as of the date that it was 9 filed? 10 A. Yes. 11 Q. Is that an accurate statement? 12 A. I don't believe I can document the 13 accuracy of a point of law on something as complex 14 as the insanity of the medical marijuana laws in 15 the country we live in. 16 MS. O'NEIL-BAKER: Okay. Can we 17 take a break? 18 MS. PELLETIER: Yes. 19 (A recess was taken) 20 MS. PELLETIER: Back on the record. 21 Q. (By Ms. Pelletier) I think the question 22 was whether the statement in your Complaint that you 23 actually had a prescription as of the date the 24 Complaint was filed, whether that was accurate or not. 26 1 I'm not asking you whether marijuana should be 2 legalized or not. I'm just asking about the statement 3 in your Complaint which is that you had a 4 prescription -- a legal prescription for the use of 5 marijuana for medicinal purposes as of when you filed 6 the Complaint? 7 A. Yes. 8 Q. Is that the same prescription that you 9 were referring to earlier that you got in 2002 in San 10 Francisco, or did you get a different one? 11 A. I'll just answer that with a yes. 12 Q. I don't want you to answer it any other 13 way than to the best of your memory, and if you can't 14 remember, that's okay. I just -- 15 A. I guess I would have to say they're 16 hard questions to answer because the fine points 17 of law change from state to state. So, I guess 18 that the legality of any marijuana prescription in 19 the United States could be questioned and 20 challenged. 21 So, I guess the only thing I can 22 state is that my doctors have recommended and 23 prescribed marijuana, and I go with what my 24 doctors recommended and prescribed for my good 27 1 health. 2 Q. Have doctors other than the ones you've 3 already told me about in San Francisco, have doctors 4 other than the ones that you've already told me about 5 in San Francisco prescribed marijuana for you or told 6 you -- 7 A. Okay. 8 Q. You know what, I'm going to take the word 9 prescribed out. 10 A. Thank you. If we could use 11 recommendation. 12 Q. That's fine. 13 A. Because it changes from state to 14 state. 15 Q. Understood. 16 A. California prescribes. Maine 17 recommends. Yes, other doctors both prior to my 18 San Francisco prescription as well as after my 19 operations in 2003 have recommended and concurred 20 that marijuana is the only medication I should use 21 because of the damage to my liver and kidneys. 22 Q. Okay. Are any of those doctors in the 23 Commonwealth of Massachusetts? 24 A. No. 28 1 Q. What's the damage to your liver and 2 kidneys? 3 A. They found shadows and spots on my 4 liver and my kidneys when they were removing 5 portions of my large colon and intestines, and 6 they did not go further at that point because they 7 said it was the least of my problems, but they 8 said that I should not put drugs and toxins 9 through my liver and kidneys, which is to say I 10 could not drink alcohol, and I do not take 11 pharmaceutical medications. 12 Q. When did this happen? When did you have 13 this -- 14 A. This was -- I was admitted to the 15 hospital March 20th of 2003. I was operated on 16 March 25th. And I was in recovery March 27th. 17 Q. Okay. So, the procedure that you just 18 described took place prior to the time of this raid 19 and that's when you indicated you were hospitalized, 20 you were hospitalized for the procedure you just 21 described at the time of the raid? 22 A. This procedure was being done. I was 23 admitted to the hospital March 20th. They signed 24 the warrant on my house March 25th, when I was 29 1 being operated on in the hospital, and they raided 2 my house March 27th, when I was in recovery in the 3 hospital. 4 Q. You indicated that you were hospitalized 5 March 20, correct? 6 A. Mm-hmm. 7 Q. Yes, for the record? 8 A. Yes. 9 Q. Did you have a primary care physician 10 that you were seeing prior to that hospitalization? 11 A. That would have been Dr. Jeznech. 12 Q. Doctor? 13 A. J E Z N E C H, I think it was. 14 Q. Where is Dr. Jeznech? 15 A. His office was, I think it was 16 Sturbridge. Southbridge/Sturbridge line in 17 Massachusetts. 18 Q. Were you suffering from some 19 symptomatology that resulted in your hospitalization? 20 A. Yes. 21 Q. What was that? 22 A. Near blackouts, nausea, extreme 23 abdominal pain. I could not eat. 24 Q. For what period of time were you 30 1 suffering from those symptoms prior to the 2 hospitalization? 3 A. These attacks started coming on 4 around the end of 2002 and intensified in December 5 of 2002 and in January of 2003, and by February of 6 2003, at that point, they couldn't seem to figure 7 out what was wrong with me and I was having just a 8 real hard time, and then I was taken in on a 911 9 call. 10 Q. During that period of time, was Dr. 11 Jeznech the one that was attempting to diagnose you, 12 or did you see any type of specialist? 13 A. Dr. Jeznech was attempting to 14 diagnoses. I was going through Harrington 15 Memorial Hospital. At the time of one of my acute 16 attacks, Dr. Jeznech had another doctor covering. 17 I don't even remember the doctor's name. I just 18 remember being taken from his office by ambulance, 19 and then my memory of any time frame at that time 20 is extremely impaired because of my illness. 21 Q. Did you see any kind of a GI, 22 gastrointestinal specialist or just the PCP? 23 A. The way this came on to me, they did 24 not start doing anything with the gastrointestinal 31 1 specialist or studies of that type until I was 2 actually admitted to the hospital. 3 Q. Is the 911 call you're referring to the 4 ambulance from the doctor's office, or is that a 5 different one? 6 A. No. This is a secondary. 7 Q. So, the first time you were taken by 8 ambulance was from your own doctor's office to 9 Harrington Memorial Hospital? 10 A. From a doctor that was covering for 11 my doctor, yes. 12 Q. That was what month? 13 A. It must have been February, I think. 14 Again, my memory of those dates are impaired. I 15 would say late February. 16 Q. Were you actually hospitalized at that 17 point in time? 18 A. Again, my memory is very impaired. I 19 don't remember at which point they actually put me 20 in. I was near death. 21 Q. So, you were near death on more than one 22 occasion? 23 A. Yes. 24 Q. I'm just trying to get a time frame here. 32 1 You think you were hospitalized more than once prior 2 to the March raid? 3 A. Taken in more than once but not put 4 in-patient. 5 Q. How many times were you taken by 6 ambulance to the hospital? 7 A. Twice. 8 Q. Once, we talked about was from the 9 doctor's office. Where were you the second time? 10 A. Second time from my home. 11 Q. Were you hospitalized at that point? 12 A. Yes. 13 Q. Is that the March 20th date you were 14 talking about? 15 A. Yes, to the best of my recollection. 16 Q. Who called 911? 17 A. I don't recall. 18 Q. Do you know who was there when you were 19 taken by ambulance? 20 A. I don't recall. 21 Q. Did you remain hospitalized from March 20 22 until -- well, strike that. 23 For what period of time were you 24 hospitalized in March of 2003? 33 1 A. I was taken in on March 20th. I was 2 admitted. I was kept there until my surgery on 3 the 25th. I know I was there on the 27th. And 4 I'm not sure exactly when I was released. 5 Q. You have not produced any documents 6 regarding that hospitalization. Do you understand 7 that? 8 A. If they're not there, they're 9 available. 10 Q. They're available? 11 A. I'm sure -- I was there. 12 Q. Do you understand that there was a Court 13 Order for production of documents in this case and you 14 haven't produced any documents with a single exception 15 of a note from a Dr. Easterly dated 3/24/03 that 16 relate to your hospitalization? 17 A. Dr. Easterly was the doctor that did 18 the surgery. 19 Q. I understand that. But do you understand 20 that you have not produced a single document relating 21 to what you've just testified to with the exception of 22 the note from Dr. Easterly dated 3/24/03? 23 A. I was not aware that documentation 24 was not there. 34 1 Q. I'm going to show you this document and 2 ask you if you've ever seen that before? 3 A. Not -- I do not recall this, but the 4 date is correct. That's when I was operated on. 5 Q. Do you have any idea why Dr. Easterly 6 wrote this note that says, quote, Judy Bunn's husband 7 will have major surgery on 3/25/03? 8 A. I have no idea why that was written. 9 MS. PELLETIER: Can I have that 10 marked. 11 MS. O'NEIL-BAKER: Is that Exhibit 12 1? 13 MS. PELLETIER: Yes. 14 (Exhibit 1, marked) 15 Q. (By Ms. Pelletier) The hospitalization 16 in March of 2003 was for gastrointestinal problems? 17 A. Diverticulitis. 18 Q. Diverticulitis, you were diagnosed with. 19 You earlier testified that in 2002, you had been 20 provided with this prescription in San Francisco for 21 medical marijuana as a result of unrelated problems? 22 A. Yes. 23 Q. At that time, you did not suffer from the 24 liver and kidney damage that you have testified to 35 1 today, is that correct? 2 A. I was not aware of any damage at that 3 time. 4 Q. So, why did you need the prescription for 5 marijuana back then then? 6 A. That was prescribed again for pain of 7 arthritis, muscle spasms, and numerous other 8 illnesses that under California law was covered 9 and, again, that changes state to state, so. 10 Q. Had you been prescribed narcotic 11 medication for those problems prior to 2002? 12 A. Yes, I've been prescribed numerous 13 narcotics and I do not like them and I do not like 14 to take them, and the doctors are saying that the 15 numerous narcotics that they prescribed for me are 16 what caused the damage to my liver and my kidneys. 17 Q. Who told you that? 18 A. That was told to me by my wife. It 19 was told to her, I believe, by Dr. Tata who was my 20 surgeon. 21 Q. At Harrington Memorial Hospital? 22 A. No. I had moved from Harrington to 23 the Worcester Medical Centers. 24 Q. So, the surgery that you had was not at 36 1 Harrington Memorial Hospital? 2 A. I had four surgeries that year. 3 Q. The surgery in March of 2003, where was 4 that? 5 A. That was at Harrington. 6 Q. So, not only were you treated at 7 Harrington Memorial Hospital by Dr. Easterly, but you 8 were hospitalized at where, UMass Medical Center? 9 A. Yes. 10 Q. In 2003? 11 A. Yes. 12 Q. You haven't produced any records from 13 that hospitalization, are you aware of that? Are you 14 aware of that? 15 A. I am not fully aware of the scope of 16 what you have on my medical, but I am sure that 17 there will be no problem producing documents to 18 verify my condition at that time. 19 Q. To date, the only medical document that I 20 have, sir, is what's been marked as Exhibit 1. My 21 question to you is are you aware of that have you 22 produced any documents to your counsel relating to 23 these medicals that you are talking about? 24 A. My attorney, I believe, has my 37 1 medical records. 2 Q. You had one surgery at Harrington 3 Memorial. We've now established at least one at UMass 4 Medical Center. Where were your other two surgeries? 5 A. Let's see, I believe it was two 6 surgeries at Harrington, and then they moved me 7 for the other two to Worcester, and the scope and 8 time frame of these surgeries was the entire year 9 of 2003. I was sick the entire year, in and out 10 of the hospital and on home health care. 11 Q. Who was the home health care provider? 12 A. I don't recall. 13 Q. At some point, did you fully recovered 14 from -- strike that. 15 Were all of these surgeries on the same 16 parts of your body for the same thing, were they 17 different? 18 A. It was diverticulitis. The first 19 surgery -- 20 Q. Just generally, were all of the medical 21 procedures related to diverticulitis? 22 A. Yes. 23 Q. Have you had any surgeries since the four 24 surgeries we just talked about? 38 1 A. No. 2 Q. Do you take any kind of medication in 3 connection with the diverticulitis? 4 A. No. 5 Q. Have you had any bouts of diverticulitis 6 since the last time you were discharged from the 7 hospital? 8 A. No. 9 Q. To begin with the allegations in the 10 Complaint, sir. Just to be clear, it's your position 11 you were not at home at the time of the, what you're 12 calling the raid, correct? 13 A. That's correct. 14 Q. Do you know who was at home? 15 A. I do know my daughter Christena was 16 home because she called me in the hospital during 17 the raid. 18 Q. Anybody else that you know was home? 19 A. I was not there. So, I don't know. 20 Q. Was your wife with you? 21 A. My wife came into my hospital room 22 after I got the call from my daughter Christena 23 that the house had been raided. She was picking 24 my father up in West Hartford, Connecticut, to 39 1 come and visit me in the hospital and was on her 2 way there. 3 Q. So, it's your belief that she was not 4 present in the home at the time of the raid? 5 A. It is my belief my wife was not 6 present at the time of the raid. 7 Q. What about Cougar? 8 A. I was not home. I don't know. 9 Q. Have you ever talked to him about it? 10 A. Yes. 11 Q. Did he tell you he was there? 12 A. That would be secondary information. 13 I do not believe my son was home at the time of 14 the raid, but I was not there. So, I do not have 15 concrete knowledge of who was there or who wasn't. 16 Q. I'm not asking you for concrete 17 knowledge. 18 A. Okay. 19 Q. I'm asking you whether he ever told you 20 he was there. 21 A. He said he was in school. 22 Q. How about Daniel Collins, have you ever 23 talked to him about it? 24 A. Yes. 40 1 Q. Did he tell you he was there? 2 A. Yes. 3 Q. Did you talk to Jamie Dodge about it? 4 A. Yes. 5 Q. Did he tell you he was there? 6 A. Yes. 7 Q. Did you ever talk to any of your 8 grandchildren to see whether they were there? 9 A. My grandchildren were very young at 10 that time, and this is not a subject that we would 11 want to remind them of. 12 Q. So, is the answer no? 13 A. No. 14 Q. Did anybody ever tell you that anyone 15 other than your family members were present that day? 16 A. I don't recall. 17 Q. You testified that you received a call 18 from Christena while you were in the hospital. Was 19 that your first notice that there was something going 20 on at your home? 21 A. Yes. 22 Q. Tell me everything you can recall that 23 she said. 24 A. The phone rang. I answered the 41 1 phone. And she said, Daddy, the police are here 2 and they've battered all the doors in the house 3 down. What do we do? And I could hear people 4 screaming in the background. 5 And I said, Honey, if it's the 6 police, you do whatever they tell you to do. They 7 have guns. 8 And then I heard a voice say, who are 9 you talking to? And she said, I'm talking to my 10 father. And they said, where is he? And she 11 said, in the hospital. 12 And then a man's voice came on the 13 phone and said, hello, who is this. And I 14 identified myself, and then the line went dead. 15 Q. Do you have any personal knowledge as to 16 who the voice belonged to? 17 A. No, I don't. 18 Q. Had you ever heard it before? 19 A. No, I hadn't. 20 Q. Have you ever heard it since? 21 A. No. 22 Q. Did you ever get a description from 23 Christena as to what this person looked like? 24 A. No. 42 1 Q. Do you have any information as to whether 2 or not it was a police officer? 3 A. Christena did say it was a police 4 officer, but she did not give me a description of 5 the officer. 6 Q. Did she indicate whether it was a local 7 or state police officer? 8 A. No. 9 Q. So, you have absolutely no idea who it 10 was? 11 A. No. 12 Q. What did you do after the phone went 13 dead? 14 A. I was in ICU in recovery on morphine. 15 I processed the call, trying to figure out if it 16 was even real. And I picked up the phone to start 17 to call back, and I believe at that point my wife 18 walked in and I told her what happened. And she 19 said, no. It's the morphine. You've had a dream. 20 And I said no, I did not. Christena 21 called and the house has been raided. And then 22 she called and Christena confirmed that our house 23 had been raided, and at that point, my wife went 24 home to deal with the situation. 43 1 Q. Did Christena answer the phone when your 2 wife called? 3 A. I did not make that phone call. I 4 don't know who she talked to. 5 Q. Fair to state, sir, you did not have any 6 interaction whatsoever with Kenneth Fitzgerald on the 7 day of the raid? 8 A. I don't believe I've ever met him. 9 Q. Do you understand he is a defendant in 10 this case? 11 A. Yes, I do. 12 Q. Why is he a defendant in this case? 13 A. Somehow, I'm assuming he is involved. 14 I have no real personal knowledge of exactly what 15 his involvement is. 16 Q. So, you cannot state a single fact to 17 support any claim against Kenneth Fitzgerald in this 18 case, is that correct? 19 A. Other than his name being attached to 20 an affidavit, I don't know the man. 21 Q. What affidavit was his name attached to? 22 A. The affidavit that they used to get 23 the no knock warrant that they used to raid my 24 home. 44 1 Q. Let me show you that. Maybe you can help 2 me find Officer Fitzgerald's name. 3 A. I believe his name is in there. 4 Q. It's a pretty lengthy affidavit. So, 5 I'll probably give it to you and take a break, but is 6 it fair to state that the sole basis that you -- sole 7 fact upon which you base your claims against Officer 8 Fitzgerald, sole claim upon which you base your 9 allegations against officer -- strike that. 10 Is it fair to state that the sole fact 11 upon which you base your allegations as to Officer 12 Fitzgerald is that his name was included in what 13 you're referring to as the no knock affidavit? 14 A. Yes. 15 Q. And if his name is not included in the 16 what you're calling the no knock affidavit, you have 17 no facts to support any claim against Officer 18 Fitzgerald, is that fair to state? 19 A. No, it's not fair to state because 20 there has been so much documentation generated by 21 this case that I may have spotted his name 22 somewhere else. 23 Q. Just because his name is somewhere else, 24 that supports the claim against him? 45 1 (Judith Bunn and Cougar Bunn 2 no longer present) 3 A. I believe at this point the officer 4 would need to step forward and answer whatever 5 complaints have been made. I don't have enough 6 knowledge of that to give an answer. 7 Q. So, you do not have any facts within your 8 possession presently that you can testify to with 9 respect to Officer Fitzgerald, fair to state? 10 A. I believe any facts on Officer 11 Fitzgerald would be in the police documentation, 12 and that's where I believe you would have to look 13 for it. 14 Q. Well, I don't have to look for it, sir. 15 You've brought a Complaint against Officer Fitzgerald, 16 and I'm asking you to testify as to the basis for your 17 complaint against Officer Fitzgerald. 18 A. I believe the officer's actions were 19 inappropriate. 20 Q. What actions? 21 A. His actions, if I'm correct -- you 22 know what, I think at this point, I would like to 23 take time to review the affidavit because I 24 believe that is where I saw his name and I would 46 1 like to review the affidavit, which is a document 2 in this case, to refresh my own memory because I 3 don't want to sit here and make guesses. 4 Q. Okay. Well, I'm going to give you the 5 opportunity to do that, but I'm trying to understand 6 what your knowledge is without reviewing documents. 7 Once we establish what your knowledge is 8 without reviewing documents, then I'm perfectly happy 9 to give you the opportunity to review the affidavit. 10 If in fact your memory is exhausted and you cannot 11 state any facts to support your claim against Officer 12 Fitzgerald without reviewing the affidavit, that's 13 fine. I just need you to it testify as such. 14 A. I have never met this officer. 15 Q. You didn't meet anybody that day because 16 you weren't present? 17 A. Right. 18 Q. Okay. So -- 19 A. That doesn't mean just that day. I 20 have never to my knowledge met this officer in all 21 the time I've lived in Holland, Massachusetts, 22 when I resided there. 23 Q. Okay. That's even better. That still 24 doesn't answer my question, though. 47 1 A. Then rephrase the question. 2 Q. Or perhaps it does. 3 MS. PELLETIER: Can you read back 4 the question? 5 (Whereupon, requested portion 6 of transcript read back) 7 THE WITNESS: I guess my answer 8 would be my only knowledge of this officer 9 stems from paperwork generated from this 10 incident. 11 Q. (By Ms. Pelletier) And you presently 12 don't have any recollection of what it is that you 13 allege the paperwork shows with respect to Officer 14 Fitzgerald? 15 A. I believe it is in the affidavit. 16 Q. I'm not -- I understand. I'm asking you, 17 substantively, can you tell me what it is that's in 18 the affidavit that relates to Officer Fitzgerald that 19 caused you to bring a federal civil rights claim 20 against him? 21 A. I believe that he was involved in one 22 of the alleged marijuana sales, but I cannot 23 recall anything that this particular officer has 24 signed. So, as far as I know, Agent Scott Haley 48 1 could have made up his involvement, but that's 2 something you would have to take up with Agent 3 Scott Haley because he is the one that signed the 4 affidavit. 5 Q. So, we've exhausted your personal memory 6 without reviewing the affidavit, is that fair to 7 state, with respect to Officer Fitzgerald? 8 A. Yes. 9 Q. Before we review the affidavit, I'm going 10 to ask you the same questions with respect to Chief 11 Kevin Gleason to exhaust your memory with respect to 12 Chief Kevin Gleason, okay? 13 A. Okay. 14 Q. Can you tell me the facts upon which you 15 base your claims against Kevin Gleason? 16 A. I would like the question more 17 specific because we have quite a few claims 18 against Kevin Gleason. 19 Q. I understand that. 20 A. If you could rephrase the question, 21 it might make it easier for me to give you the 22 proper answer. 23 Q. What are your claims against Kevin 24 Gleason? 49 1 A. My claims against Kevin Gleason, to 2 my knowledge based on the documents I've reviewed, 3 are that he conspired with agent Scott Haley to 4 put together a false affidavit to get a warrant to 5 raid my house for whatever reason. 6 My claims against Chief Gleason are 7 that after the raid, he came back at my family 8 time and time again and terrorized them. This 9 claim is based upon what my family has told me and 10 I have no actual knowledge of it because I was in 11 the hospital at that time. 12 Another claim I have against Chief 13 Kevin Gleason is that he was ordered by the 14 District Attorney to return our property when all 15 the charges in this case were dismissed against my 16 family, and he not only refused to do so, but 17 terrorized and intimidated my wife in the halls of 18 the courthouse, threatening to bring her up on 19 charges, screaming in a crowded building that she 20 was a drug dealer and driving her out of the court 21 room in tears. 22 Also, my claims against Chief Kevin 23 Gleason are that he used officers under his 24 control and the color of his office to threaten 50 1 and intimidate and harass my family on more than 2 one occasion after the raid. Again, this is based 3 on what my family has told me, and my wife will 4 have better information for you when she does her 5 deposition. 6 Q. So, to begin with, is it your testimony 7 that you personally have no facts to support a claim 8 against Kevin Gleason, that what you're testifying to 9 is based on information you were given by others? 10 A. My facts on Kevin Gleason are based 11 on my knowledge of what he did to my family. 12 Q. And your knowledge, what you are stating 13 is your knowledge of what he did to your family was 14 provided by your family members, that's where the 15 knowledge comes from? 16 A. Yes. 17 Q. Okay. Prior to March 27 of 2003, had you 18 had any interaction with Kevin Gleason? 19 A. Never. 20 Q. He never bothered you? 21 A. I might have seen him walking around 22 town. I knew his face. Never had a problem with 23 the man in my life. 24 Q. So, you would have no personal knowledge 51 1 as to why suddenly Chief Gleason would conspire with 2 someone to, quote, get you and your family as you 3 said? 4 A. No. I'm not in his head. 5 Q. And you have no facts to support your 6 allegation that that's in fact what happened, is that 7 fair to state? 8 A. I was not present at the time to 9 witness the damage he did at my home, but I did 10 come out of the hospital to see the aftermath and 11 the destruction. 12 Q. We're just talking about Kevin Gleason 13 here. I am going to ask you to listen to my questions 14 and answer the questions that I'm asking. 15 My question relates to Kevin Gleason, not 16 your home, not the damage done to your home. If you 17 have any personal knowledge of damage done to your 18 home by Kevin Gleason, you can answer that, but not 19 global answers with respect to everything everybody 20 did there. Do you understand that? 21 A. Yes. 22 Q. Okay. 23 MS. PELLETIER: Can I have that 24 question back, please? 52 1 (Whereupon, requested portion 2 of transcript read back) 3 THE WITNESS: It is fair to state 4 that I cannot supply any facts on what happened 5 at my house on March 27 because I was in the 6 Intensive Care Unit. 7 Q. (By Ms. Pelletier) Not just March 27. I 8 think you testified that Kevin Gleason's involvement 9 wasn't limited to March 27th. You indicated that you 10 believed that he was conspiring with someone to get 11 you and your family, correct? 12 A. I would base that statement -- that 13 is correct, and I would base that statement on 14 Agent Scott Haley's affidavit where Kevin Gleason 15 is mentioned over and over again. So, I guess I 16 would have no choice but to assume since Scott 17 Haley signed that under penalty of perjury, that 18 Chief Gleason was involved because his name is all 19 over it. 20 Q. So, again, you don't have any facts in 21 your possession other than your reliance upon this 22 affidavit of Scott Haley, correct? 23 A. If we discount the affidavit as a 24 fact, correct. 53 1 Q. I didn't discount the affidavit as a fact 2 sir. I said you have no facts within your possession 3 other than your reliance upon that affidavit, is that 4 correct? 5 A. Yes, that would be correct. 6 Q. The second issue that you identified with 7 respect to Chief Gleason was an order to return 8 property to you? 9 A. Yes. 10 Q. Have you ever seen that order? 11 A. Yes. 12 Q. Can you produce that order because it 13 hasn't been produced in this case, sir? 14 A. I don't have it in my pocket. I'm 15 sure I could find a copy of it for you and I'm 16 sure there's a copy of it on file. The District 17 Attorney did in fact order Chief Gleason to return 18 our property because all charges had been 19 dismissed, and our legal property was ordered 20 returned to us and Chief Gleason did refuse to do 21 so. 22 Q. Can you again -- the deposition will be 23 much shorter and we can get through this much faster 24 if you would try to simply answer the questions that 54 1 I'm asking you. 2 The question that I asked you was whether 3 you had a piece of paper because it hasn't been 4 produced in this case? 5 A. I do not have that piece of paper at 6 this time. 7 Q. Do you have a piece of paper, not in this 8 office, but you believe you have a piece of paper that 9 has not been produced that's an order from the 10 District Attorney's Office to Chief Gleason to return 11 property to you? 12 A. Yes. I would have to check my files. 13 (Judith Bunn and Cougar Bunn 14 now present) 15 Q. Do you have a list of the property that 16 you claim is supposed to be returned? 17 A. I don't have it with me. Yes, I have 18 it in my files. 19 Q. That hasn't been produced either, are you 20 aware of that? 21 A. I'm not aware of what my attorney has 22 or has not produced. That's why I have an 23 attorney. I'm sure she will produce what's 24 necessary when it's necessary to produce it. 55 1 MS. PELLETIER: Can we mark that? 2 (Exhibit 2, marked) 3 Q. (By Ms. Pelletier) I'm going to show you 4 what's now been marked as Exhibit 2 and ask you if 5 you've seen that document before. 6 A. Yes. I have a copy. 7 Q. Is that a list of the property that you 8 claim Chief Gleason was ordered to return to you? 9 A. Yes. The legal items that are 10 contained on this list were ordered to be 11 returned. 12 Q. What does that mean? 13 A. Exactly what I stated. Yes, the 14 legal items on this list were ordered returned to 15 my family. 16 Q. Saying it slower doesn't help me, sir. 17 What do you mean by the legal items on this list? Do 18 you want to just read off what you're referring to? 19 A. Okay. I'm going to really simplify 20 it. You're an attorney and I shouldn't have to. 21 MS. O'NEIL-BAKER: Let's take a 22 break. 23 MS. PELLETIER: Sir, in order to -- 24 THE WITNESS: Let's take a break. 56 1 You got it. 2 (A recess was taken) 3 MS. PELLETIER: Back on the record. 4 MS. O'NEIL-BAKER: I think we can 5 clarify the answers here. 6 Q. (By Ms. Pelletier) Go ahead. 7 A. Okay. Just to refresh me, please 8 rephrase the question and then we'll go from 9 there. 10 Q. I was trying to get clarification on your 11 answer with respect to whether or not Exhibit 2 is a 12 list of the property that you claim that Chief Gleason 13 was ordered to give you. 14 A. Yes, it is. 15 Q. You made the comment that the legal 16 things were required to be returned. 17 A. Yes. 18 Q. I asked you what you meant by that. 19 A. Okay. Simply stated, if I were in 20 California, my marijuana would be returned to me 21 as a medical marijuana patient. Unfortunately, 22 Mass. law does not support that. So, the police 23 cannot of course return my marijuana, but the 24 legal items under Massachusetts law were ordered 57 1 returned and Chief Gleason refused. 2 Q. Can you identify for me what -- if you 3 can, and maybe you can't, what you're talking about 4 when you say the legal items? 5 A. Legal items. 6 Q. Is it fair to say, is it your testimony, 7 sir, that the Chief was given a list of items or was 8 the Chief ordered to return to you the, quote, legal 9 items? 10 A. I'd have to review the document I 11 have on that. I believe that he was ordered to 12 return the items that were returnable. I'm not 13 sure exactly how the DA put it. But referring to 14 the list here -- 15 Q. You can just read the number of the items 16 that you're referring to, that would help. 17 A. That would be legal? 18 Q. Items that you're referring to that you 19 claim Chief Gleason was ordered to return to you that 20 he hasn't. 21 A. Five. I don't know if he would have 22 been ordered to return the Tylenol, generic 23 Tylenol and unknown white pills but he was ordered 24 to return item 10, our $850. For whatever reason, 58 1 he took three pairs of pliers. I don't see any 2 reason. That's item 11. Item 12, nope. Scratch 3 that. 13, scratch. 15, ten individual packaged 4 rolling papers. Those were unopened rolling paper 5 packs. Not illegal. 6 Q. Just the number, sir. 7 A. Okay. 16. 17. 18. 19. 20. And 8 I'd like to say that there was way more than 9 several pins. 22. 26. 27. 28. 29. Scratch 10 29. 30. And that would be the legal property 11 that should be returned. 12 Q. I believe somewhere in the discovery 13 responses you allege that the dollar figure associated 14 with that property that you have just listed is 15 $100,000. Is that correct? 16 A. 100,000? I'll take that. 17 Q. I'm sure you would. 18 A. I think that $100,000 for this 19 property may be inflation or it might be a typo. 20 I think they'd have to assign a maybe a little 21 lower value. 22 Q. What would that be, sir, what dollar 23 figure do you claim you're out as a result of the 24 items that you've just listed? 59 1 A. I believe the inventory items that 2 were listed on here came up to the neighborhood of 3 $5,000 just for the property that was not 4 returned, and I do not believe that is including 5 the $850 cash that was seized, but I will accept 6 the offer of $100,000. 7 Q. I'm not making you an offer -- 8 A. I know. 9 Q. -- of $100,000. 10 Sir, your Answers to Interrogatories in 11 this case indicate that you have -- you've suffered 12 economic damages of $100,000. Can you identify the 13 basis for that statement? 14 A. I'm not sure where you're pulling 15 that statement out of context of. That might be a 16 ballpark figure of the damages to the house in 17 conjunction with the property they seized. I'm 18 not sure where they pulled the $100,000 figure out 19 of. 20 Q. Do you -- 21 A. I know we lost $100,000 on the sale 22 of the house. I don't know. 23 Q. You lost $100,000 on the sale of the 24 house in Holland? 60 1 A. Oh, yeah. 2 Q. Where's the documentation for that? 3 A. My wife handles all of the property 4 sales and can answer any questions on our losses 5 concerning the property. 6 Q. Are you alleging that there was -- when 7 did you sell the property? 8 A. The property was sold, let's see, the 9 Holland property. I remember the date. It was -- 10 I think it was around February of -- 11 MRS. BUNN: Can I please take a 12 break with C.J. for just one second? 13 MS. O'NEIL-BAKER: No. No. 14 MRS. BUNN: Really, please. He 15 needs to have some information. He doesn't 16 know any of this stuff. 17 THE WITNESS: You know, my answer is 18 I don't know. I don't handle the business. 19 MRS. BUNN: You've asked for three 20 breaks. I need a break. 21 THE WITNESS: I can't give you 22 dates. I don't retain dates well. I can't 23 answer you on that. My wife will give you that 24 information. 61 1 (A recess was taken) 2 MS. PELLETIER: Back on the record. 3 Q. (By Ms. Pelletier) Just for the record, 4 sir, you don't have any personal knowledge that you're 5 capable of testifying to with respect to any dollar 6 damages you claim to have suffered; I'd have to get 7 that information from your wife? 8 A. Yes. 9 Q. Is that correct? 10 A. That's correct. 11 Q. During the break that we took, did you 12 have the opportunity to review that affidavit that we 13 were talking about? 14 A. No, I did not. 15 Q. Did you have marijuana in your home on 16 March 27th, 2003? 17 A. I wasn't in my home on March 27th, 18 2003. How would I know what was there? 19 Q. Did you have marijuana in your home the 20 last time you were in it prior to March 27, 2003? 21 MS. O'NEIL-BAKER: Object to the 22 form of the question. 23 Q. (By Ms. Pelletier) You can answer. 24 A. As a medical marijuana patient, 62 1 there's a possibility there may be marijuana in my 2 home at any time. 3 Q. Presently, do you have the recollection 4 as to whether or not you had marijuana in your home 5 the last time you were in it prior to March 27 of 6 2003? 7 A. I don't recall. I was pretty sick. 8 Q. Where did you keep the marijuana in your 9 home if you had it? 10 MS. O'NEIL-BAKER: Object to the 11 form of the question. You can answer but I 12 object to the form of the question. 13 Mischaracterizes his testimony. 14 Q. (By Ms. Pelletier) Did you ever have 15 marijuana in your home in Holland? 16 A. Yes. 17 Q. Where did you keep it? 18 A. In a locked box next to my bed. 19 Q. Is that what you've been referring to as 20 the medical marijuana? 21 A. Yes. 22 Q. All of the items that were listed on 23 what's now been marked as Exhibit 2, were those yours? 24 MS. O'NEIL-BAKER: Object to the 63 1 form of the question. 2 THE WITNESS: It is actually hard to 3 identify the way they have listed the items, 4 because some things there, I don't think they 5 really knew what they were even looking at. 6 There were many people living in my home. 7 There were many items taken out of my home. I 8 don't know really what may or may not have been 9 mine. 10 Q. (By Ms. Pelletier) Can you look at the 11 list and identify any of the items as being yours? 12 A. 5, 11, 13, 15, 16, 17, 18, 19, 20, 13 and there was more than several pins, 21, 22, 26, 14 27, 28, 30. That would be it. 15 Q. So, the pipes that had no resin were 16 yours and the pipes with the resin were not, is that 17 your testimony? 18 A. I would have to see the pipes because 19 I don't -- I cannot identify something as generic 20 as pipe with resin. 21 Q. But you did, sir. You excluded the 22 numbers which included the word resin and you included 23 the pipes that did not include the term resin. 24 A. That's correct. Because I know I 64 1 owned all those clean pipes which is legal to own 2 in Massachusetts and legal to possess in 3 Massachusetts. I cannot, however, lay claim to 4 anything here from a simple description that says 5 pipe with resin. Show me the pipe, I'll tell you 6 if it's mine. Clean it out, I might want it back. 7 But to identify it from something this generic, I 8 can't help you. 9 Q. Did you ever actually appear in court in 10 connection with the raid which occurred in March 27, 11 2003? 12 A. No. I was never charged. 13 Q. So, you incurred no attorneys' fees, 14 correct? 15 A. I'd have to say that's incorrect. 16 Well, I don't know. I've of course had to retain 17 an attorney for this. But I had -- 18 Q. For this meaning -- 19 A. For this action here, I've of course 20 had to retain an attorney, but resulting from the 21 raid, did I incur, yes, I did incur attorney fees 22 to defend my family. 23 Q. I'm talking about for you. Did you 24 personally engage an attorney in connection -- 65 1 A. I personally engaged an attorney to 2 defend my family. 3 Q. You have to let me finish the question. 4 A. I'm sorry. 5 Q. Did you personally engage an attorney to 6 represent you in connection with anything which 7 occurred relating to the raid on your home? 8 A. There was no reason for me to retain 9 an attorney for myself. I was -- 10 Q. So, the answer -- 11 A. I was never charged. The answer is 12 no. 13 Q. The answer is no? 14 A. The answer is no. 15 Q. At the time of this incident, you had no 16 income, correct? 17 A. At the time of this incident, I did 18 in fact have an income. I was on payments from 19 Kenyon Oil because I was out on -- they were 20 taking one building down, putting one building up, 21 and I forget what the payment was I was getting. 22 It was unemployment compensation or whatever the 23 heck they called it, but I was getting a check 24 from Kenyon Oil at the time. 66 1 And, again, I was very sick at that 2 time. So, my memory -- that's why I can't come up 3 with the exact term. 4 Q. Did you ever supply marijuana to anyone? 5 A. No. 6 MS. O'NEIL-BAKER: Object to the 7 form of the question. 8 Q. (By Ms. Pelletier) Do you, allege sir, 9 that Chief Gleason recruited a confidential informant? 10 A. I'm alleging Chief Gleason claims to 11 have recruited a confidential informant as per the 12 information in the affidavit. 13 Q. Well, as per your Answers to 14 Interrogatories in this case, you allege that Chief 15 Gleason falsely stated that he recruited a 16 confidential informant. Do you understand that? 17 A. He seemed incapable of producing -- 18 Q. Please answer the question I'm asking 19 you. You have alleged -- 20 A. I'm alleging -- 21 Q. -- in your discovery responses, quote, 22 Chief Gleason falsely stated that he recruited a 23 confidential informant with Haley, end quote, answer 24 to interrogatory number 5. Do you understand you've 67 1 made that statement under oath? 2 A. Yes. And that is my belief. 3 Q. Can you state the facts upon which you 4 are basing the statement that Chief Gleason falsely 5 stated that he recruited a confidential informant with 6 Haley? 7 A. They allege they had a confidential 8 informant in the affidavit they used to get the no 9 knock warrant and were unable to produce this 10 person. To be unable to produce a confidential 11 informant during the time of discovery leads me to 12 believe that they made him up. 13 Q. What do you mean they were unable to 14 produce him? 15 A. Didn't bring him in. Didn't have 16 him. Couldn't find him. Couldn't put a name to 17 it. Don't know who he was. 18 Q. Who told you that? 19 A. The facts told me that. If they had 20 him, they would have brought him. 21 Q. Who's they, sir? 22 A. The police. Haley and Gleason. 23 Q. Your testimony is if they had him, they 24 would have brought him to what? 68 1 A. To substantiate their claims made in 2 the affidavit. 3 Q. But are you suggesting they physically 4 was supposed to be bringing him somewhere, whoever 5 this -- we're using him -- I don't mean to suggest 6 that it is a he or she. 7 A. Him, her, it, the alleged 8 confidential informant, I believe would have been 9 produced during the discovery of the trial to 10 substantiate the claims the police made against 11 us. 12 The fact that the police could not 13 produce the body, the living, breathing body of 14 the confidential informant to testify against us 15 and substantiate their claims leads me to believe 16 that Chief Gleason falsely reported that they had 17 a confidential informant, and if I'm wrong, where 18 is he? 19 Q. Okay. I'm trying to understand your 20 theory here, sir. Your statement that Chief Gleason 21 falsely stated that he recruited a confidential 22 informant is based upon the failure to produce the 23 physical confidential informant at what you're 24 referring to as the trial of this matter, is that 69 1 correct? 2 A. Yes. 3 Q. Is it your testimony that Chief Gleason 4 and Sergeant Haley basically made up this whole thing 5 in order to obtain a search warrant for your home? 6 A. That is my belief. 7 Q. And the factual support for that belief 8 is that this individual, the confidential informant, 9 wasn't physically produced at what you're referring to 10 as the trial of this matter, correct? 11 A. Well, actually, my belief is based on 12 the fact that all the information in the affidavit 13 is false, misleading and an outright lie. 14 Q. You have absolutely no knowledge of any 15 communication between Sergeant Haley and Chief Gleason 16 which would have caused them to want to create this 17 vast conspiracy with respect to you and your family, 18 correct? 19 A. I have no knowledge of what these two 20 men have done. I don't hang around with them 21 often. In fact, not at all. 22 Q. In fact, you had no interaction with 23 Chief Gleason prior to this, correct? 24 A. No. Other than to maybe see his face 70 1 walking around town, no. 2 Q. And you had no interaction with Officer 3 Fitzgerald, correct? 4 A. No. 5 Q. No one had bothered you and your family 6 from the Holland Police Department? 7 A. No. 8 Q. How long had you lived there prior to the 9 raid? 10 A. We moved into Holland, it was about 11 1991, I think. No. No. Wait a minute. 1997. 12 I'm sorry. 1997, we moved in, July, and we lived 13 there from July, '97, up until the time of this 14 raid with no problems with the police. 15 As a matter of fact, we thought we 16 had a pretty good police department. Liked them. 17 Didn't give anybody any trouble. Seemed to do 18 their jobs well. Small town. Not a lot of 19 problems. 20 Q. Sergeant Haley is not associated with the 21 Holland Police Department, is that correct? 22 A. Not to my knowledge. 23 Q. The information that was contained in the 24 affidavit with respect to the allegations of 71 1 controlled buys within your home indicate that this 2 informant was in fact the person who went in and made 3 the controlled buys, do you understand that? 4 A. Yes, I do. 5 Q. And that this informant then provided the 6 information that is in the affidavit to Gleason and 7 Haley, you understand that? 8 A. I understand that's what was supposed 9 to happen. 10 Q. Okay. Do you have any knowledge that an 11 individual did not in fact make these statements to 12 Gleason and Haley? 13 A. I don't have any knowledge of what 14 they may or may not have done. I'm not in their 15 head, again. I don't know what they did. 16 Q. Well, you're making allegations. 17 A. Where they got their information, why 18 they put the affidavit together, I believe you 19 would have to ask the defendants. 20 Q. Well, sir, you're making -- 21 A. Why they did what they did. 22 Q. You're making the allegation that the 23 informant never existed, and I'm trying to distinguish 24 between whether there was an individual that gave this 72 1 information, whether or not it was true, to Haley and 2 Gleason, as opposed to them having dreamt this entire 3 thing up. 4 A. You would have to -- 5 Q. I'm trying to understand your claim, not 6 what's in Sergeant Haley's head or Chief Gleason's 7 head. What I'm trying to understand is your claim. 8 You are alleging that there never was a 9 person that made these statements to these 10 individuals, that's your claim? 11 A. I am alleging that, to the best of my 12 knowledge, there is no person that could have 13 possibly made these statements to these 14 individuals, yes, that's correct. 15 Q. Why is that, what -- 16 A. Because -- 17 Q. Why couldn't the person have made false 18 statements to the two officers? 19 A. Oh, there's a possibility they have 20 someone that might have made false statements, but 21 again, I have no knowledge of what these 22 defendants did. I have no knowledge of who these 23 defendants talked to. I have no information as to 24 where they got what they called information. 73 1 And you will really have to ask the 2 defendants what their motivation was because I 3 don't know. 4 Q. Do you understand that you allege in this 5 case that you do know what the motivation of Chief 6 Gleason and Officer Fitzgerald was? 7 A. I may have alleged that I had an 8 opinion, but I don't believe that my opinions 9 could be taken as factual knowledge. I think to 10 really gauge their motivation, you would have to 11 ask them. 12 Q. Okay. And your opinion is what? 13 A. My opinion is that just maybe they 14 didn't like some of the things I had to say in 15 public and wanted to shut me up, and I do believe 16 that would be a violation of my First Amendment 17 Rights, and if I'm correct, they've broken the 18 law. 19 Q. Do you have any facts -- you've just 20 testified, sir, that you lived in the Town of Holland 21 with the Holland PD which included Chief Gleason and 22 Officer Fitzgerald from 1997 to 2003 without incident, 23 correct? 24 A. Mm-hmm. 74 1 Q. Is that yes, for the record? 2 A. Yes. Yes, for the record. 3 Q. Do you have any facts to support your 4 opinion that suddenly Chief Gleason would have been 5 interested in violating your First Amendment Rights? 6 A. I -- 7 Q. Facts, sir. 8 A. I don't have any facts. I don't have 9 any direct knowledge, and again, I think that 10 you'll probably have to ask defendants what their 11 motivation was. 12 Q. Do you have any facts, sir, within your 13 possession to support your opinion, if it is in fact 14 your opinion, that Officer Fitzgerald violated your 15 free speech, right to free speech? 16 A. I don't really have knowledge of 17 Officer Fitzgerald. Other than, again, what I've, 18 you know, his name came up in this case. 19 Obviously, he has done something and his name's 20 put to it or he wouldn't be in the discussion 21 today. 22 Q. Well, that's why we're here, sir. I'm 23 trying to figure out why it is you're bringing a claim 24 against Officer Fitzgerald, and maybe we'll take a 75 1 break right now and let you read that affidavit that 2 you wanted to read so you can point out to me why it 3 is that Officer Fitzgerald is a defendant in this 4 case, okay? 5 MS. PELLETIER: Do you have a copy? 6 MS. O'NEIL-BAKER: No. 7 MS. PELLETIER: Why don't I make one 8 and then we can have it marked and then give it 9 to him. 10 (A recess was taken) 11 MS. PELLETIER: Back on the record. 12 Q. (By Ms. Pelletier) Let me show you a 13 document and ask you if that is in fact the document 14 that you've been referring to as the affidavit for the 15 no knock warrant? 16 A. Yes, but I would like to point out 17 for the record that the back two pages are 18 missing. This ends with page 6. There was a page 19 7 and a page 8 that was comprised of newspaper 20 clippings of demonstrations I was involved in 21 which are referred to within the document. 22 Q. Are these those two pages? 23 A. That would be them. 24 Q. We'll copy those two pages and add it to 76 1 the exhibit. 2 A. There you go. 3 MS. PELLETIER: Can we mark that. 4 (Exhibit 3, marked) 5 MS. PELLETIER: Take a minute to 6 read that, please. 7 Q. (By Ms. Pelletier) All set? 8 A. Yup. 9 Q. Have you had an opportunity to review 10 what's been marked as Exhibit 3? 11 A. Yes, I have. 12 Q. That is the document that you indicated 13 you believed referenced Officer Fitzgerald, is that 14 correct? 15 A. Yes, it was. 16 Q. Did you find Officer Fitzgerald's name 17 anywhere in Exhibit 3? 18 A. No. I confused him with Holland 19 Patrolman John Moran. I am not sure why this 20 other officer is a defendant, and we're going to 21 check on that. There were many officers involved, 22 and this was five years ago. 23 Q. Officer Moran is referenced in Exhibit 3 24 but is not a defendant in this case, correct? 77 1 A. There are several officers listed as 2 John Does. He may be one of those. So, I don't 3 know. 4 Q. I'm sorry, I thought you just testified 5 officer Moran was identified -- 6 A. Officer -- 7 Q. -- in the affidavit that's been marked as 8 Exhibit 3? 9 A. Officer John Moran is identified here 10 in the affidavit. I do not believe he is 11 identified by name as a defendant. He may be 12 indicated in the list of defendants as a John Doe 13 officer that has not yet been assigned a name. 14 That is my belief to the best of my knowledge. 15 Q. Are you, as of today, are you alleging 16 that Officer Moran committed any violations of your 17 rights, you personally, not any of your family 18 members? 19 A. My only knowledge of Officer John 20 Moran is that he is mentioned in the affidavit on 21 page 3 of 8 in paragraph 4, or paragraph 4 of that 22 page. 23 Q. That's not my question, sir. My 24 question, sir, is whether you, sitting here today, are 78 1 alleging that Patrolman Moran violated your rights? 2 A. I don't have the knowledge to answer 3 that question. My only knowledge of Officer John 4 Moran is he is noted in the affidavit. His 5 actions, I guess, will have to be investigated by 6 others that were there. 7 Q. So, the answer to my question, sitting 8 here today, you don't have any knowledge within your 9 possession to support a claim against Officer Moran, 10 is that fair to state? 11 A. The only knowledge I have of Officer 12 John Moran is in the affidavit. 13 Q. Okay. You have to -- 14 A. That is my answer. 15 Q. You have to answer the question I'm 16 asking, not just give me an answer that you feel like. 17 The question is: You do not have any facts within 18 your possession today to support a claim against 19 Officer Moran, correct? 20 A. The fact I have in my possession 21 today is his mention in the affidavit. If his 22 mention in the affidavit implicates him in this 23 case, then yes, I have a fact in my hand 24 implicating him in saying he should be a defendant 79 1 and did possibly violate my rights or have a part 2 in my rights being violated by this action. 3 Q. What action of Officer Moran then, sir, 4 do you allege violated your rights? 5 A. I cannot answer that question. I 6 think you'll have to get a specialist on police 7 proceduring here to maybe look at some of this. 8 Q. Let's go back to Officer Fitzgerald then. 9 You now have reviewed the affidavit that's been marked 10 as Exhibit 3 and you indicated you're going to review 11 whether or not you're going to proceed against Officer 12 Fitzgerald because his name is not included in the 13 affidavit, is that correct? 14 A. No. That is not correct. 15 Q. Okay. 16 A. We are going to look into exactly why 17 he was named as a defendant. There were fourteen 18 officers, I believe, involved in this. Each one 19 has different degrees of involvement. 20 Q. Sitting here today, having had the 21 opportunity to review the affidavit, you cannot 22 testify as to a single fact to support a claim against 23 Officer Fitzgerald, is that correct? 24 A. That is correct, I guess. 80 1 Q. Can you look at Exhibit 3 the top of page 2 2, the first paragraph. One has written some numbers 3 next to these paragraphs. Do you know who did that? 4 A. No. 5 Q. The first paragraph doesn't have a number 6 next to it, and it reads, Chief Gleason reported that 7 David G. Bunn who lives at that address has a history 8 of drug offenses. Did I read that correctly? 9 A. Yes, you did. 10 Q. Is that an accurate statement? 11 A. That could be considered an accurate 12 statement. 13 Q. Had you at any time prior to March 20 of 14 2003 been arrested in connection with drug possession? 15 A. Yes. 16 Q. How many times? 17 A. Numerous. Don't remember the amount. 18 If it helps, I've been using marijuana medically 19 for about thirty-eight years. So, yes, there has 20 been a few arrests in there. 21 Q. My question, sir, just relates to the 22 accuracy of the statement. 23 A. Yes, I have a history of drug 24 arrests. 81 1 Q. So, that statement, assuming Chief 2 Gleason reported that to Sergeant Haley, that's an 3 accurate statement by Chief Gleason, correct? 4 A. Yes. 5 Q. Paragraph -- the paragraph that has the 6 number 16 to the left of it discusses the confidential 7 informant who is identified as C.I. 62, correct? 8 A. Correct. 9 Q. Is it your testimony, sir, that the 10 information that Sergeant Haley provided in paragraph 11 16 was entirely false? 12 MS. O'NEIL-BAKER: Just for a 13 moment, I'm inclined to say it's 10. It might 14 be a 10. 15 Q. (By Ms. Pelletier) I'm sorry. 10, 16 you're correct. 17 A. I have absolutely no knowledge of 18 this. 19 Q. Okay. The next paragraph which it's hard 20 to see but I'm going to assume would be referred to as 21 number 11, reports what C.I. number 62 allegedly told 22 Sergeant Haley and/or Chief Gleason. Do you see that? 23 A. Yes, I do. 24 Q. Is it your testimony, sir, that this 82 1 individual who's been identified as C.I. 62 told those 2 things to Chief Gleason and/or Sergeant Haley, again, 3 not whether they are true or not, just do you have any 4 facts -- 5 A. I have no knowledge of these -- I 6 have no knowledge of, first of all, if this person 7 even exists. I have no knowledge of any 8 conversations he may or may not have had with 9 anybody. And I have obviously no knowledge of 10 anything I was not privy to. I obviously would 11 not be there. So, I have no knowledge of this. 12 None. 13 Q. Okay. So, you are not alleging, sir, 14 that some individual they're calling C.I. 62 did or 15 didn't tell Sergeant Haley or Chief Gleason these 16 things? 17 A. I have no knowledge of the event. I 18 was not there. 19 Q. You see how it says that the father David 20 Bunn who calls himself C.J. is referenced in paragraph 21 11? 22 A. Yes. 23 Q. Do you call yourself C.J.? 24 A. Yes. 83 1 Q. Did you ever sell pipes? 2 A. That's a fairly generalized question. 3 Obviously, I had an inventory. I sell pipes at 4 festivals in states where they are legal. And I 5 sell clean pipes which is not against the law. 6 Q. My question was quite simple, sir. 7 A. And -- 8 Q. Did you sell pipes? 9 A. Did I sell pipes? Yes. I've sold 10 pipes. 11 Q. Okay. 12 A. I guess the question should be when 13 did I sell pipes because I did not sell pipes from 14 90 Maybrook Road or 80 Maybrook Road. 15 Q. Do you have any knowledge, sir, as to 16 whether an individual identified as C.I. 62 told Chief 17 Gleason or Sergeant Haley that you did in fact sell 18 pipes? 19 A. I have no knowledge of that at all. 20 Q. On the top of page 3, the first paragraph 21 indicates that this individual identified as C.I. 62 22 stated that you had been arrested in the state of 23 Connecticut on drug charges. Do you see that? 24 A. Yes, I do. 84 1 Q. Is that an accurate statement? 2 A. I'd have to ask you to rephrase the 3 question, please. Is what an accurate statement? 4 Q. Were you arrested in the state of 5 Connecticut on drug charges? 6 A. Was I arrested in the state of 7 Connecticut on drug charges? Yes. Did the C.I. 8 state that I was arrested in Connecticut? I don't 9 think this person exists, but yes, I was arrested 10 on drug charges in Connecticut. 11 Q. The next paragraph, we'll go through the 12 same series which is questions relating to your 13 organization of events relating to the legalization of 14 marijuana and reference to things that existed inside 15 of your home. 16 We'll take them one at a time. The first 17 question relates to organization of events that are 18 so-called pro rally events in favor of legalizing 19 marijuana. Did you participate in such events prior 20 to March of 2003? 21 A. Yes. And still do. 22 Q. Okay. And you'll agree that you have no 23 knowledge as to whether an individual actually told 24 Sergeant Haley and/or Chief Gleason that you did 85 1 participate in those events? 2 A. I have no knowledge of that. It is 3 common knowledge that I do these events. It's in 4 the newspaper. 5 Q. Sir, please, try to focus on the 6 questions that I'm asking you. 7 A. Okay. Sorry. 8 Q. The next half of that paragraph indicates 9 that you have pro marijuana posters on several walls 10 in your house. Was that an accurate statement as of 11 March 27, 2003? 12 A. That's an accurate statement from 13 1968 to the present. So, yes. 14 Q. Had either Chief Gleason or Officer 15 Fitzgerald been inside of your home in Holland at any 16 time prior to March 27, 2003? 17 A. There was an officer that responded 18 to a complaint between two of my sons, and I'm not 19 sure which officer that was. There is a 20 possibility that police officers prior to this may 21 have seen a poster on a wall, but I honestly 22 really don't recall, and the bottom line is I know 23 a million people that have pro marijuana posters 24 on their walls and you can just assume I have them 86 1 on my wall. 2 Q. Do you have any knowledge -- strike that. 3 You'll agree with me that you have no 4 knowledge as to whether or not an individual 5 identified as C.I. 62 told Sergeant Haley and/or Chief 6 Gleason that in fact you had pro marijuana posters on 7 your wall, correct? 8 A. I have no knowledge of that at all, 9 that is correct. 10 Q. Now, the next sentence I think there may 11 be some issue about and that is whether you had pro 12 marijuana stickers on a red van? 13 A. I did not own a red van. And I did 14 not have marijuana stickers on the van I drove. 15 Q. What did you drive? 16 A. It was a burgundy van. 17 Q. Were there any stickers on the burgundy 18 van? 19 A. Yes. There was a red, white, blue 20 American flag magnet on the back of it. 21 Q. There's reference in some documents as to 22 someone having taken photographs of the van and 23 producing them in connection with the criminal part of 24 this case. Have you ever seen those photographs? 87 1 A. Those photographs actually are in the 2 Mainely Independent Newspaper on the front page. 3 My van was photographed behind some officers at a 4 food-a-fest raid, and it's a black and white 5 photo. You cannot tell the color of the van. You 6 can clearly see the flag sticker and you can 7 clearly see there are no other stickers on that 8 van. I do not put marijuana stickers on my van 9 because when the police see them on your car, they 10 tend to pull you over. 11 Q. So, is it also fair to state, sir, that 12 you don't have any personal knowledge as to whether 13 C.I. 62 told Sergeant Haley and/or Chief Gleason that 14 you did have pro marijuana stickers on your van? 15 A. I think we can shorten this whole 16 thing up if we just blanket state that I -- 17 Q. Sir, you can't shorten it up. 18 A. No. 19 MS. O'NEIL-BAKER: No. No. 20 THE WITNESS: No. I have no 21 knowledge of that. 22 MS. O'NEIL-BAKER: No. Let's take a 23 break. 24 (A recess was taken) 88 1 MS. PELLETIER: Back on the record. 2 Q. (By Ms. Pelletier) The next paragraph, 3 sir, indicates that C.I. 6 stated that there are 4 several kids including an infant and other individuals 5 that live or stay in the house at 90 Maybrook Road in 6 Holland. 7 A. I lost my place here. Can you give 8 me a number on that? 9 Q. I believe it's number 14. 10 A. 14. Yes, gotcha. 11 Q. Is that statement accurate to the extent 12 that it relates that there were several kids including 13 an infant and other individuals that live or stayed in 14 that house at 90 Maybrook Road? 15 A. That is a questionable statement and 16 the only -- okay. Let me explain why I can't give 17 you yes or no on that. Define kids. I had adult 18 teenagers. I could give you a list of the people 19 that lived there. The statement is correct there 20 was an infant and there was a two-year old and a 21 couple of my children at that time were under the 22 age of eighteen. So, generalized, yes, I guess it 23 would be correct that there were children and 24 infants in the home. 89 1 As far as other individuals that live 2 or stay there, that's incorrect. I mean, define 3 stay. People came to visit. Live there, it was a 4 family home. So, that is a very generic, 5 misleading and, I guess, confusing statement. Not 6 quite consistent with the facts. I don't know if 7 you want to take that for a yes or no. Sorry. 8 Q. You will agree with me that you don't 9 have any facts within your possession to indicate 10 whether an individual identified as C.I. 62 told 11 Sergeant Haley or Chief Gleason? 12 A. I have no knowledge of that. 13 Q. The next paragraph indicates that on or 14 about February 25, 2003, C.I. 62 performed a 15 controlled narcotic buy, and then proceeds to describe 16 the manner in which this controlled buy allegedly took 17 place, correct? 18 A. That is what is detailed in that 19 paragraph, correct. 20 Q. Where were you on February 25, 2003? 21 A. Five years ago. Let's see. I 22 believe at that time I was on my way back from a 23 visit in Maine and did a stop at the emergency 24 room because I had gotten sick in Maine which is 90 1 why I had come back. 2 Q. Your stop at the emergency room would 3 have been what emergency room? 4 A. That would have been at Harrington 5 Hospital. 6 Q. Again, we have not seen any documents in 7 connection with that visit. You believe that occurred 8 on February 25, 2003, correct? 9 A. Yes. 10 Q. You believe that you were not at the 11 property on February 25, 2003, because you were either 12 on your way back from Maine or in the emergency 13 department at Harrington Memorial Hospital, correct? 14 A. That is correct. 15 Q. Who was with you if anyone? 16 A. My wife -- 17 Q. Anybody else? 18 A. -- was with me. And that I believe 19 was it. Yeah. Just myself and my wife. 20 Q. You will agree with me, sir, that the 21 paragraph that we just read, paragraph 15, indicates 22 that C.I. 62 stated that he/she had bought the 23 marijuana from David G. Bunn in the kitchen area of 24 the house, did I read that correctly? 91 1 A. You are reading that paragraph 2 correctly. 3 Q. And, sir, you don't have any facts within 4 your possession to support a claim that C.I. 62 did 5 not in fact tell that to Sergeant Haley or Chief 6 Gleason, correct? 7 A. I have no knowledge of what this 8 alleged confidential informant may or may not have 9 done. 10 Q. The next paragraph references a 11 controlled buy which allegedly occurred on 3/14/03. 12 Do you see that? 13 A. Yes, I do. 14 Q. Again, it goes through the process and 15 the manner in which the controlled buy allegedly took 16 place, correct? 17 A. Yes, it does. 18 Q. Again, the -- strike that. 19 Where were you on March 14, 2003? 20 A. Harrington emergency room. 21 Q. You happened to be back in the emergency 22 room at Harrington on that date? 23 A. Yes. 24 Q. Again, we have no documents that support 92 1 that. Are you aware of that? 2 A. I believe my attorney has those. 3 Q. When do you believe you gave all these 4 documents to your attorney? 5 A. When we filed this case and we went 6 back and researched the dates and I got the 7 documentation for that visit and that visit from 8 the hospital myself personally and showed it to my 9 wife, and at that point, we did turn all of this 10 over -- I don't remember the exact time frame -- 11 to our attorney with a whole bunch of medical 12 stuff. I'm not sure what she does or doesn't 13 have. 14 MS. PELLETIER: Counsel, just for 15 the record, we don't have any records that he 16 has been testifying to today? 17 MS. O'NEIL-BAKER: Right. 18 MS. PELLETIER: Is that accurate? 19 MS. O'NEIL-BAKER: Right. 20 Q. (By Ms. Pelletier) Sir, when you say 21 turned over to your attorney, can you identify the 22 attorney that you are referring to? 23 A. I was pretty sure, Erin, that we had 24 given you a packet of some medical documents. 93 1 MS. O'NEIL-BAKER: Okay. 2 Q. (By Ms. Pelletier) I don't want you to 3 engage in conversation with counsel, but are you 4 referring to counsel who is present here today? 5 A. Yes, I am. 6 Q. Paragraph 16 again indicates that on or 7 about March 14, 2003, the individual identified as 8 C.I. 62 stated that he/she had bought marijuana from 9 the person of David G. Bunn in the kitchen area. Did 10 I read that correctly, the last sentence in that 11 paragraph? 12 A. Yes. Yes, you did. 13 Q. You have no facts within your possession 14 that an individual did or did not make that statement 15 to Sergeant Haley or Chief Gleason, correct? 16 A. That's correct. 17 Q. The next paragraph which has the 18 handwritten number 17 next to it indicates that a 19 third controlled buy was performed by C.I. number 62 20 within the last forty-eight hours, correct? 21 A. Yes. 22 Q. Where were you between March 14 of 2003 23 and March 16 of 2003? 24 A. March 14 and March 16, I don't 94 1 recall. Why would that matter? 2 Q. You see that paragraph the paragraph 3 we're referring to which has the number 17 handwritten 4 next to it indicates again that this individual 5 identified as C.I. 62 came out of that property 6 identified as 90 Maybrook Road and handed fragments of 7 marijuana over to the two officers, correct? 8 A. Within the last forty-eight hours, 9 C.I. 62 -- 10 Q. I'm not asking you to read the thing out 11 loud, sir. If you'd like to take some time and read 12 it, that's okay. 13 A. I guess what I'm looking for here is 14 a date, within the last forty-eight hours of what? 15 Q. What I asked you, sir, is if that 16 paragraph says within the last forty-eight hours, does 17 it not? 18 A. That paragraph says within the last 19 forty-eight hours. What date is my question. 20 Q. I don't have to answer questions. You 21 do. 22 A. Okay. 23 Q. I would -- 24 A. Then I can't give any informed 95 1 information on this at all. There is not enough 2 information contained within this paragraph for it 3 to have any kind of timeline that makes sense to 4 everything. If it's referring to the last 5 forty-eight hours within when the warrant was 6 signed, which was the 25th of March, it would make 7 some sense. 8 MS. O'NEIL-BAKER: Just listen to 9 her question and then answer her question. 10 THE WITNESS: Okay. 11 Q. (By Ms. Pelletier) The paragraph says 12 within the last forty-eight hours. 13 A. Mm-hmm. 14 Q. Regardless of when it was, that's what it 15 says, correct? 16 A. Mm-hmm. 17 MS. O'NEIL-BAKER: Say yes. 18 THE WITNESS: Yes. 19 Q. (By Ms. Pelletier) Thank you. The 20 paragraph again indicates that this individual 21 identified as C.I. number 62 came out of your home and 22 handed a baggie to either Sergeant Haley or Chief 23 Gleason, correct? 24 A. Yes. 96 1 Q. You have no facts within your possession 2 to support a claim that that never happened, correct? 3 A. I do have facts to -- well, I have 4 knowledge that it never happened because I never 5 did it. 6 Q. Is your name referenced in that 7 paragraph, sir, as having provided anything to this 8 informant in that paragraph? 9 A. Drawing out of context, since they're 10 again referring to the kitchen area -- 11 Q. My question is -- 12 A. -- of the Bunn house. My name is 13 Bunn. 14 MS. O'NEIL-BAKER: C.J., I need you 15 to listen to the attorney's questions and just 16 answer that. 17 THE WITNESS: Okay. Okay. Rephrase 18 the question, please. I'll try to give you an 19 answer. 20 Q. (By Ms. Pelletier) The prior paragraph, 21 specifically 8, indicated that the individual 22 purchased marijuana from you by name, David G. Bunn, 23 correct? 24 A. That is correct. 97 1 Q. This paragraph does not? 2 A. That is correct. They omitted my 3 name for whatever reason. It also does not seem 4 to have a date or a time frame. 5 MS. O'NEIL-BAKER: Can we take a -- 6 sorry. Can we take a quick break? 7 (A recess was taken) 8 MS. PELLETIER: Back on the record. 9 Q. (By Ms. Pelletier) Is it fair to state, 10 sir, that to your knowledge you have never had any 11 communication with Kevin Gleason? 12 A. Ever in my life? 13 Q. Yes. 14 A. No, that's not a fair statement. 15 Q. What communication have you had with 16 Kevin Gleason? 17 A. Kevin Gleason was in magistrate when 18 these charges were first brought, was actually the 19 first time I communicated with him. 20 Q. Was in -- what did you say? 21 A. In the magistrate hearing, prior to 22 charges being brought, this was taken to 23 magistrate. 24 Q. Okay. Well, your Answers to 98 1 Interrogatories, sir, number 2, please describe in 2 detail all communications which you had with Chief 3 Gleason concerning the allegations in your Complaint 4 including your answer A through E, and your answer was 5 the Plaintiff did not have any communication with 6 Gleason. So, that statement is not accurate? 7 A. Well, the time frame. Only 8 communication we had with Gleason was in 9 magistrate. That is the only communication we had 10 with Gleason. 11 Q. I'm not asking about we. I'm asking 12 about you. 13 A. Me. Me. Myself. 14 Q. You did have some communication with 15 Chief Gleason, correct? 16 A. I guess you'd have to define 17 communication. I was at a meeting with him in 18 magistrate. He spoke. I spoke. We spoke to 19 magistrate. 20 Q. Did you speak directly to Chief Gleason 21 at any time? 22 A. He asked me how I was feeling. I 23 said, better. 24 Q. Other than that? 99 1 A. Other than that, no. 2 Q. So, the only communication you've ever 3 had with Kevin Gleason is what you've just described? 4 A. Yes. 5 Q. Have you sought any treatment from any 6 health care provider as a result of any of the 7 incidents alleged in your Complaint? 8 A. At the time of this, I did not have 9 to seek help. I was hospitalized and on home 10 health care, and my relating stress issues around 11 this were medicated along with the very in-depth 12 health care I was getting at that time. So, yes, 13 I did seek treatment, but it was treatment that 14 was in conjunction with my illnesses at that time. 15 Q. So, your answer to interrogatory number 4 16 is also wrong? 17 A. What? 18 Q. Please identify by name and address each 19 and every health care provider including but not 20 limited to physicians, psychiatrists, psychologists, 21 therapists and social workers with whom you sought 22 treatment for the emotional distress which you allege 23 was caused by the defendants, and for each health care 24 provider, please state, and your answer was none. Is 100 1 that statement inaccurate? 2 A. The statement is accurate that I did 3 not seek additional health care. I had the health 4 care provided by the providers that were taking 5 care of my medical needs at that time. So, no, I 6 did not seek additional. Does that answer the 7 question? No, I did not seek additional help. It 8 was dealt with through the other issues at the 9 time. That's the best I can answer that for you. 10 Sorry. 11 Q. Is it fair to state, sir, that you have 12 never had any communication of any kind with Officer 13 Fitzgerald? 14 A. Yes. To my knowledge. Like I said, 15 there was one officer came to my house, not sure 16 who he was. To my knowledge, I've had no 17 interaction with this officer, no. 18 Q. The person that came to your house came 19 to your house because of a problem with two of your 20 children? 21 A. Two of my kids had an argument and he 22 stopped by to mediate. It was not a big deal. 23 Q. Did you call the police? 24 A. No. 101 1 Q. Who did? 2 A. My younger son. 3 Q. Who is that? 4 A. My younger son Cougar made a call. 5 The two boys were yelling and he got scared. 6 Q. Which two boys were yelling? 7 A. Danny and Smokey had an argument. My 8 younger son got scared and -- 9 Q. Danny who? 10 A. Danny Collins. 11 Q. Who is not your son? 12 A. Stepson. 13 Q. He is your stepson? 14 A. He came with Judy. He is part of the 15 package. I've raised him since about six months 16 old. 17 Q. So, Danny Collins and Smokey were having 18 an argument? 19 A. And Smokey got in an argument and 20 Cougar who was young at the time. 21 Q. Called the police? 22 A. Called the police, yeah. 23 Q. Okay. 24 A. And the police came out, and it was 102 1 no big deal. Oh, the boys had a fight. Why did 2 you call the police? Because they had a fight. 3 Oh, well, and he left. I don't know who the 4 officer was. If that was this officer, then I had 5 contact with him. If that was not this officer, 6 then I don't know him. But that's the only 7 officer I can think of that's come into my house 8 that I've, you know, had any interaction with that 9 I don't know. 10 Q. Were you home when Danny and Smokey 11 were -- 12 A. I don't -- 13 Q. Let me finish the question. 14 A. I'm sorry. 15 Q. Were you home when Danny and Smokey were 16 having the argument that precipitated the phone call? 17 A. No. My wife and I were working at 18 Kenyon Oil. We got a call. There was a problem 19 at the store. In the fifteen minutes that it took 20 us to drive to the store, the boys had a fight, 21 and this was, you know, this is not a regular 22 event in our home. This was something that just 23 happened. It was sparked, was not repeated. 24 Q. I -- 103 1 A. And that's the only -- again, that's 2 the only officer in my home I can't put a name to. 3 Q. Okay. 4 A. So, other than that officer, I have 5 no knowledge of this other officer, and this is 6 also an unrelated incident to this case. 7 Q. Thank you for your thoughts. 8 When this unrelated officer was in your 9 home, did you have any problems with the officer? 10 A. Absolutely none at all. He was very 11 nice. 12 Q. It was a Holland police officer? 13 A. It was a Holland police officer, and 14 he was very nice. 15 Q. That was before March of 2003? 16 A. Yes, it was. 17 Q. So -- 18 A. I don't even remember -- 19 Q. Back to my original question, sir, before 20 the speech. 21 A. Okay. 22 Q. Were you in the home when the officer was 23 in the home before you got home? 24 A. Yes. 104 1 Q. He wasn't causing any problem with 2 anybody in your home? 3 A. No problem at all. He -- we got a 4 call at my wife's store that he was there. 5 Q. I don't want to hear that whole speech 6 again. 7 A. Okay. 8 Q. That officer was in the home, you came 9 into the home, he didn't give you any problem 10 whatsoever? 11 A. No problem at all. 12 Q. You have no idea who this officer was? 13 A. No. 14 Q. He mediated a dispute between your 15 stepson and your son, correct? 16 A. Yes. 17 Q. Assuming that it was not Officer 18 Fitzgerald, you have had absolutely no communication 19 with Officer Fitzgerald? 20 A. None whatsoever, to my knowledge. I 21 can't even put a face to him. 22 Q. So, is it also fair to state then that 23 you can't give any facts to support your allegation 24 that Officer Fitzgerald violated your Fourth Amendment 105 1 Rights? 2 A. Correct. 3 Q. Is it also fair to state that you can't 4 give me facts to support your allegation that Officer 5 Fitzgerald violated your rights under the First 6 Amendment? 7 A. That's correct. I cannot give you 8 those facts. 9 Q. Can you also agree with me, sir, that you 10 have no facts to support an allegation that Officer 11 Fitzgerald participated in any harassment of you 12 and/or any family member after March 27 of 2003? 13 A. That is correct. And what I mean by 14 that it is correct, I don't have those facts. 15 Q. Other than the family members who were 16 present in the home and your wife, do you have 17 knowledge of any other witnesses to any of the events 18 that you have referred to in your complaint? 19 A. I'm not sure I understand the 20 question. Can you please rephrase it? 21 Q. Other than the family members who were 22 present in the home on March 27, 2003, and your wife, 23 do you have knowledge of any other witnesses to any of 24 the events that you allege in your Complaint? 106 1 A. Of the day of March 27th? 2 Q. Of any of the allegations in your 3 Complaint. 4 A. I'm not sure if I'm getting the 5 question. As to the events of March 27th, I was 6 not home. I have no knowledge of what happened at 7 my home other than what I've heard. 8 Q. Sir, let's focus on the question, all 9 right? 10 A. I'm trying. 11 Q. I'm trying to find out whether you allege 12 that there's any other people out there, anybody 13 besides you, your wife and your family members, that 14 you claim have any knowledge of the events that you 15 have alleged in your Complaint? 16 A. I don't have any knowledge of -- I 17 don't know what people know. No. 18 Q. Have you had any communication with 19 anybody other than family members and attorneys 20 regarding the events which you claim occurred as set 21 forth in your Complaint? 22 A. Have I talked about this raid to 23 anybody? Is that the question? 24 Q. Well, we'll go with that question. 107 1 A. Have I talked about this raid to 2 anybody? The answer is yes. 3 Q. Can you identify the individuals other 4 than family members and counsel that you have talked 5 to? 6 A. No. 7 Q. You can't identify a single person? 8 A. Yes. 9 Q. Okay. Can you? 10 A. Where do you want to start? I'm a 11 public speaker. I've talked about this from 12 stages. Thousands of people know about this case. 13 I can't give you a list. It's too numerous to 14 address. Yes, I have talked about this case since 15 it happened. No, I cannot give you a list of 16 people. 17 Q. In fact, I asked you if you could 18 identify a single person and you said yes. 19 A. Oh, yes, I can identify a single 20 person. 21 Q. Okay. Well, go ahead. 22 A. Let's see. Who have I talked to 23 about this? I talked to my attorney, Steven 24 Epstein. 108 1 Q. I asked you not to include counsel, sir. 2 A. Not to include counsel, okay. Who 3 have I talked to? I've talked to our neighbors, 4 our friends, acquaintances, strangers on the 5 street, posted bulletins about it. I'm not going 6 to even go any further with this. Yes, my answer 7 is I have talked to this case with people outside 8 of my family. No, I'm not even going to bother 9 listing a single name because that's ridiculous. 10 Next question, please. 11 Q. Did you talk to Peter Frye about this 12 case? 13 A. Yes, I did. 14 Q. How many times have you talked to Peter 15 Frye about this case? 16 A. Peter Frye contacted me about this 17 case because he has his own claims against Chief 18 Gleason. 19 Q. My question was how many times did you 20 talk to Peter Frye. 21 A. Maybe three. 22 Q. When? 23 A. Recently, within the last thirty to 24 forty-five days. Don't remember the dates. 109 1 Q. Who contacted who recently? 2 A. Peter Frye contacted me. 3 Q. What did he say to you? 4 A. That he has his own claims against 5 Kevin Gleason and he wanted to know if he could 6 have my permission to link the federal documents 7 of my claim on his web page. I gave him 8 permission to do so. 9 Q. How many other times did you talk to 10 Peter Frye? 11 A. Only two or three times. 12 Q. When was that? 13 A. Again, within the last thirty to 14 forty-five days. 15 Q. All of the times that you've talked to 16 him were within the last thirty to forty-five days, 17 all three times that you spoke to him? 18 A. Concerning this case, yes. Other 19 than that, I had not talked to Peter for about 20 maybe two years. He is a neighbor. Just happened 21 to know him. 22 Q. Has anybody ever told you that they 23 witnessed any of the events that you have alleged in 24 your Complaint other than family members? 110 1 A. Yes. 2 Q. Who? 3 A. Jim Green was a witness to some of 4 the harassment that my family suffered after the 5 raid, was one. 6 Q. Who is Jim Green? 7 A. Jim Green was a friend of ours that 8 would -- he was a friend of our kids actually and 9 he was a helpful friend who would come around 10 sometimes. He helped paint the porch. He was a 11 friend. 12 Q. Where does Mr. Green live? 13 A. Mr. Green was living, at that time, I 14 believe in Vernon, to the best of my recollection. 15 But he moves around quite a bit. 16 Q. How old is Mr. Green approximately? 17 A. Twenty-six, I think. Twenty-seven, 18 I'm guessing. 19 Q. What did Mr. Green tell you that he 20 witnessed? 21 A. He witnessed the police and Sally 22 Blais from the Board of Health and numerous other 23 officials coming up on our property after the raid 24 to simply flush a toilet. I don't know why we 111 1 needed the police and the Board of Health to flush 2 our toilet, but that's what happened. 3 Q. Is that all he told you, that's all he 4 witnessed was Sally Blais from the Board of Health and 5 the police came to flush the toilet? 6 A. Yes. 7 Q. Anybody else besides Mr. Green tell 8 you -- and other than family members -- that they 9 witnessed any of the activities that are alleged in 10 your Complaint? 11 A. I was not there, and to the best of 12 my recollection, Jim was the only one that said 13 anything to me about it. 14 Q. I'm not just talking about that, sir. 15 I'm talking about any of the allegations in your 16 Complaint. Has anybody else ever told you that they 17 witnessed any of the alleged wrongdoing other than 18 family members? 19 A. It was five years ago. I cannot 20 recall the conversations I've had about this. 21 Q. I'm asking about witnesses. 22 A. I cannot recall. 23 Q. You can't recall whether anybody claims 24 to have witnessed any of this alleged wrongdoing? 112 1 A. If I answer you yes, then you're 2 going to start saying who. You know what? I'm 3 going to go with I don't recall. 4 Q. Well, sir, you don't get to make that 5 decision so you don't have to answer further 6 questions. You're testifying under oath. 7 A. And I'm testifying under oath that I 8 don't recall which witnesses may or may not have 9 spoke to me about these events because I've talked 10 to a lot of people. So, I do not recall specific 11 witnesses. 12 Q. You've testified as to a conversation 13 that you had with Christena Dodge on the telephone 14 while you were in the hospital regarding what was 15 occurring in your home. 16 Did you ever have any subsequent 17 conversations with her about what in fact occurred? 18 A. Yes. 19 Q. What did she tell you? 20 A. That the police raided the house. 21 Came in with no regard to the safety of the 22 children in the home. Smashed and battered down 23 every unlocked door in the house. Dumped all of 24 our property on the floor. Took toys away from 113 1 children. Handcuffed everyone in the house. Put 2 guns in everyone's faces. My daughter told me a 3 lot about the raid. I guess maybe you should ask 4 her. She could probably give you a clearer 5 indication because she was there and I was not. 6 Q. You have to understand, sir, that I'm 7 allowed to ask you questions about conversations you 8 had with people and that doesn't mean that I'm not 9 going to ask them the same questions. 10 A. That's fine. 11 Q. So, you don't need to tell me what I can 12 or cannot do. 13 A. Just trying to help. 14 Q. Believe me, I'll ask questions. 15 A. Okay. 16 Q. But I want to know what she told you. 17 A. What she told me. 18 Q. Other than what you just told me, and 19 don't repeat what you just told me. 20 A. Okay. Basically, that was what she 21 told me. I mean, you know, yeah, that was about 22 it. Inappropriate. 23 She did tell me that the police had 24 been informed that two of our dogs did not get 114 1 along and we kept them separated for a reason, and 2 the police allowed the dogs to go at each other. 3 My daughter, who was handicapped with a metal hip, 4 tried to get the dogs under control while the 5 police laughed at her. My daughter told me a lot 6 of about this. 7 Q. That's what I'm trying to find out, sir. 8 A. That was one thing she said. Another 9 thing she said, she was trying to get Phoenix, who 10 is her son who was two years old at the time, 11 quiet and not crying from the police slamming and 12 screaming through the house. The boy was shaking. 13 And she tried to give him a toy, and one of the 14 officers took the toy away from him and the other 15 officer took it and gave it to back to him and 16 said, knock it off. Why take a toy away from an 17 infant during a raid? What's going on? 18 A lot of people told me. My 19 son-in-law told me that he was startled out of a 20 sound sleep from the door slamming up against the 21 crib of his six-month old son that was behind the 22 door of their bedroom. The police slammed the 23 door into it numerous times before even realizing 24 there was an infant in the crib. 115 1 As he was starting up out of a sound 2 sleep, he woke up to guns in his face. My son 3 Danny told me that when his door came in and he 4 woke up, the first thing he saw was six guns in 5 his face. This was quite a traumatic experience 6 for my whole family. To the best of my 7 recollection, I think I've pretty much capsuled 8 it. 9 Q. Do you have any facts to support any 10 claim that Officer Fitzgerald participated in any of 11 the activities that you've just identified? 12 A. I cannot put a face to the man. So, 13 I could not have a facts -- 14 Q. Okay. 15 A. -- on him. 16 Q. Do you have any facts to support a claim, 17 if you're making it, that Chief Gleason participated 18 in any of the acts that you just described of any of 19 these officers? 20 A. I was not home at the time of the 21 raid. So, I cannot testify to anything that 22 happened in the house at the time of the raid. 23 Q. So, is the answer no, you have no facts 24 to support that claim, yes or no question? 116 1 A. My answer is no, I do not have any 2 facts to support something that happened where I 3 was not present. 4 Q. Did Christena tell you what the officers 5 were wearing that she claimed committed these acts 6 that you have just described? 7 A. No. 8 Q. You understand that there were officers 9 that were from the State Police present? 10 A. Yes. 11 Q. Do you have any knowledge as to whether 12 the officers that committed the acts that she's 13 complaining of were members of the State Police force? 14 A. I was not there. I don't know. 15 Q. You recognize that you haven't brought 16 any claims against any members of the State Police, 17 correct? 18 A. I have not been instrumental in 19 drafting the Complaint. That's why I have an 20 attorney. 21 Q. Do you understand that there's no state 22 police officer named in this Complaint? 23 A. I understand that. 24 Q. Yes or no? 117 1 A. No. 2 Q. Is the metal hip that you claim your 3 daughter has visible to anybody looking at her? 4 A. She walks with a limp. I don't know 5 if she let the police know she was handicapped or 6 not. 7 Q. Did any of the other individuals that you 8 have just identified as having advised you of the 9 events that occurred in the home identify by name or 10 any other way the officers that were alleged involved? 11 A. No. 12 Q. Just so I'm clear, sir, with respect to 13 damages that you are alleging in this case. You were 14 in the process of receiving medical care for unrelated 15 problems and you continued to receive that medical 16 care after March 27 of 2003, correct? 17 A. Yes. 18 Q. You did not receive any independent care 19 which you claim is specifically related to any of the 20 events alleged in the Complaint, correct? 21 A. Yes. 22 Q. You did not incur attorneys' fees 23 individually because you were not charged with 24 anything, correct? 118 1 A. Correct. 2 Q. You've testified that there was some loss 3 associated with the sale of the home but you don't 4 know what the figure is related to that, correct? 5 A. Correct. 6 Q. And you were not employed at the time, 7 you are not seeking moneys for lost wages or lost 8 earning capacity, correct? 9 A. Correct. 10 Q. Are there any other damages that you are 11 alleging in connection with the allegations in the 12 complaint as they relate to you? I don't want to hear 13 about the rest of your family members. 14 A. The damages to me were physical and 15 emotional. When the -- the raid was one thing. 16 When the harassment continued day after day and I 17 was getting calls in the hospital day after day 18 that my family was being harassed, I pulled my 19 tubes and my IVs and tried to walk out of the 20 hospital with my stomach slit up to here because I 21 felt my family needed me. A security guard caught 22 me walking out and got me back in my bed and they 23 hooked me back up. 24 I was then released from the hospital 119 1 and immediately relapsed and was put in for a 2 second surgery, at which point I had to have a 3 fistula bag put on, and I believe that that 4 relapse was caused from both the stress and my 5 actions in trying to leave the hospital 6 immediately after a surgery. 7 The damage to me emotionally on 8 this -- 9 Q. Can I just -- 10 A. -- was astounding. 11 Q. Can we just address what you've just 12 testified to? You've testified that you were in the 13 hospital after the raid and that you tried to leave 14 the hospital because of harassment that was occurring? 15 A. Yes. 16 Q. What harassment was that and when do you 17 claim that occurred? 18 A. After the raid, the police ran SUVs 19 up on the lawn, flashing their lights in the 20 windows, and their sirens. 21 Q. When did that happen? 22 A. I was not there. My wife can give 23 you the date. I heard about it after the fact. 24 It was within a day or two after the raid. 120 1 Q. Who do you allege did that, was it -- 2 A. I'm not sure who the officers were. 3 Q. Do you have any facts within your 4 possession that it was either Kevin Gleason or Officer 5 Fitzgerald? 6 A. I do not know who the officers were. 7 Q. Okay. What else? 8 A. After that was the incident where the 9 officers came up with the Board of Health to flush 10 the toilet and photograph our newly dug septic for 11 whatever reason after the raid. 12 Q. Photograph what? 13 A. We had just had a septic put in, and 14 for some reason, the police came up and they 15 flushed our toilets and they took pictures of our 16 septic system. 17 Q. Okay. 18 A. For whatever reason. I don't quite 19 know what that was about. But to get these calls, 20 and the other thing is the resulting terrors, I 21 mean, even if it wasn't the police, my family from 22 what I was hearing in the hospital and at a point 23 my wife has told me now that she had a meeting 24 with the doctors and they told her to stop telling 121 1 me what was going on because of the damage it was 2 doing to my recovery. My family was out of their 3 mind in fear after this raid. Every noise. And 4 when I came home to recuperate, it was the same 5 thing. Every noise, people were jumping, looking 6 at windows, my God, it's the police. What's going 7 on. 8 If they had just come, raided the 9 house, gone away, might have been one thing, but 10 to come back repeatedly and harass my family like 11 they did, we didn't know what we were up against, 12 what we were doing, what to expect. We lived in 13 fear. 14 Q. Back to my question, sir, which is what 15 you told me about driving up on the lawn with the SUVs 16 and you've told me about officers appearing with the 17 Board of Health to flush the toilet. 18 What other harassing behavior do you 19 allege occurred while you were in the hospital? 20 A. While I was in the hospital, that 21 would be it. 22 Q. What harassing behavior do you allege 23 occurred thereafter? 24 A. Harassment on this continued 122 1 intermittently for years. My son Danny was 2 driving our car through the town and was pulled 3 over because he was in our car with no reason and 4 harassed. I don't even remember all the events. 5 You'll do better getting it from the other people 6 as you depose them. The best that I can give you 7 is the two incidents while I was in the hospital 8 and that traffic stop with my son Danny, I recall. 9 And there were other incidents that I don't recall 10 at this time that other family members, I'm sure, 11 will be able to give you. 12 Q. Other than what you've just testified to 13 then, do you have any other evidence of any damages 14 that you claim you suffered as a result of any action 15 of, let's just take Kevin Gleason? 16 A. I don't even know how to sum up my 17 personal damages from this. I'm kind of at a loss 18 on it. A lot of property damage, a lot of 19 personal property damage, a lot of emotional 20 damage, damage to my reputation. You know, you're 21 asking about me. That's me, me, me, okay. Damage 22 to my reputation. Damage to my security in my 23 home. I feel I was -- I felt unsafe in my home. 24 Damage to my recovery from life-threatening 123 1 surgery. There were many damages. I don't know 2 how you would put a price on those damages or 3 worth on those damages, but there were many. 4 Q. How long did you continue to live in the 5 Town of Holland after March 27, 2003? 6 A. March, 2003, I was in and out of the 7 home, in the hospital, in and out of home health 8 care. 9 Q. How long after March of 2003 did you 10 physically move from the Town of Holland? 11 A. I moved from the Town of Holland 12 officially 2007, I believe was when I changed my 13 license, when the property was sold. I maintained 14 it as my residential address and got my mail there 15 until we disposed of the property. 16 Q. That's not my question. When did you 17 move out of the Town of Holland. It's a pretty simple 18 question. 19 A. Not really. Because I maintained 20 myself there. 21 Q. I'm not asking you where you maintained 22 your residency. 23 A. Okay. I stayed -- 24 Q. You moved out of -- 124 1 A. I stayed wherever I wanted. I lived 2 there when I wanted to and it was my home and my 3 residence. Just because it's my home and my 4 residence does not mean that I have to be there. 5 I lived there until we sold it. 6 Q. Okay. And that was in 2007, sir? 7 A. Mm-hmm. 8 Q. Yes? 9 A. Yes. 10 Q. Between 2003 December of 2003 and when 11 you left in 2007, on how many occasions do you allege 12 members of the Holland Police Department harassed you 13 and when? 14 A. I don't recall. 15 Q. Other than the ones that you've 16 described, can you identify a single occasion upon 17 which you claim that any Holland Police has harassed 18 you? 19 A. No. 20 Q. Not your family members, not anybody 21 else, never, you can't give me a single date upon 22 which you claim any Holland police officer ever 23 harassed you, is that correct? 24 A. That is correct. 125 1 Q. Before or after 2003, is that right? 2 A. Correct. 3 Q. Why did you move to Maine? 4 A. I moved to Maine because it is a 5 safer place for me to be. I moved to Maine for 6 the safety, security and safety, basically, of my 7 family, lower living. We can afford to be there 8 and we like it. 9 Q. When you say safety, was there something 10 that occurred between December of 2003 and 2007 that 11 caused you concern about the safety of your family? 12 A. Whether it was real or imagined, my 13 family never again felt safe in that home. One by 14 one because of harassment night tremors, advice of 15 physicians for the smaller children in some cases, 16 one by one, my children had to leave that 17 property, and that property was abandoned and fell 18 to ruin. 19 Q. The property was abandoned and fell to 20 ruin? 21 A. They were afraid to live there. 22 Q. So, you abandoned the property? 23 A. Basically, how do I explain this to 24 you so you understand? The home was our 126 1 residence. We got our mail at our residence. Did 2 we stay at our residence all the time? No. Did 3 we stay at our residence sporadically? Yes. Did 4 people stay at our residence to watch our 5 residence? We tried that. Were our children 6 afraid to stay there? Yes. Did the whole family 7 lose a lot of money where everybody was afraid to 8 stay at the home where the police terrorized us? 9 Yes. 10 Q. I'm using your term, sir, you said that 11 you abandoned the property and it was left to fall to 12 ruin. That's what you said. That's not what I said. 13 Is that your testimony? 14 A. My testimony is no one in the family 15 felt comfortable enough to stay at that property 16 long enough to properly keep it up. So, to some 17 degree, it was left to fall to ruin because of our 18 fear of being there. 19 MS. PELLETIER: At this point, I'm 20 going to suspend the deposition. We're going 21 to have to address some discovery issues and 22 whether I'm going to have to reconvene. I'll 23 probably proceed with a motion and go from 24 there. We're going to suspend. 127 1 MS. O'NEIL-BAKER: Okay. 2 (Witness excused) 3 (Deposition suspended) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 128 1 UNITED STATES DISTRICT COURT 2 FOR THE DISTRICT OF MASSACHUSETTS 3 4 5 I, ROXANNE C. COSTIGAN, a Notary Public in and for the Commonwealth of Massachusetts, do certify 6 that pursuant to notice, there came before me on April 30, 2008, at the offices of ROBINSON DONOVAN, 7 P.C., 1500 Main Street, Suite 1600, Springfield, MA, the following named person, to wit: DAVID G. BUNN, 8 who was by me duly sworn to testify to the truth and nothing but the truth as to his knowledge touching 9 and concerning the matters in controversy in this cause; that he was thereupon examined upon his oath 10 and said examination reduced to writing by me; and that the deposition is a true record of the testimony 11 given by the witness, to the best of my knowledge and ability. 12 I further certify that I am not a relative or 13 employee of counsel or attorney for any of the parties, or a relative or employee of such parties, 14 nor am I financially interested in the outcome of the 15 action. 16 WITNESS MY HAND, this 13th day of May, 2008. 17 18 ___________________________ Roxanne C. Costigan 19 20 My Commission expires: July 16, 2010 21 22 23 24 129 1 SIGNATURE/ERRATA SHEET 2 I have read the foregoing, and it is a true 3 transcript of the testimony given by me at the taking 4 of the subject deposition with the following 5 corrections/changes, if any: 6 7 ________________________ _______________________ 8 Date DAVID G. BUNN 9 10 PAGE LINE CHANGE REASON 11 ----------------------------------------------------- 12 ----------------------------------------------------- 13 ----------------------------------------------------- 14 ----------------------------------------------------- 15 ----------------------------------------------------- 16 ----------------------------------------------------- 17 ----------------------------------------------------- 18 ----------------------------------------------------- 19 ----------------------------------------------------- 20 ----------------------------------------------------- 21 ----------------------------------------------------- 22 Case Name: Bunn v. Gleason, et als. 23 Date Taken: April 30, 2008 24 rcc