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: COUGAR J. 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 May 1, 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: Christena Dodge Jamie Dodge 14 Daniel Collins 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 COUGAR J. BUNN 5 5 6 7 EXHIBIT PAGE 8 (None marked) 9 10 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 COUGAR J. 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 MS. O'NEIL-BAKER: I can go on the 17 record about Carol because Carol had notice of 18 today's deposition too. The deposition of 19 Cougar Bunn and the depositions yesterday of 20 Judith Bunn and David Bunn were noticed to 21 Attorney Carol Lynch who represents Scott 22 Haley. She was aware of the depositions but 23 did not attend. Attorney Pelletier contacted 24 Attorney Lynch's office prior to commencement 5 1 of the depositions and she did not appear and 2 we did not hear back from her. 3 MS. PELLETIER: We actually did hear 4 back from her office and they referred me to a 5 letter which was sent prior to the scheduling 6 of the depositions requesting that we refrain 7 from doing the depositions until her motion had 8 been allowed or denied or acted upon. We had 9 indicated, both of us indicated to her we 10 didn't have that option based upon the Court 11 Order that discovery be concluded within a 12 certain time frame. I just want to clarify 13 that she did get back to us. 14 15 DIRECT EXAMINATION BY MS. PELLETIER: 16 Q. Can you state your name for the record, 17 please? 18 A. Cougar Bunn. 19 Q. Cougar, you were here yesterday when we 20 deposed both your mother and father, correct? 21 A. Yup. 22 Q. So, you understand -- 23 A. Yes. 24 Q. -- how the process works? 6 1 A. Yes. 2 Q. Where do you presently reside? 3 A. 30 Front Street, Brownville Junction, 4 Maine. 5 Q. With whom do you live at that address? 6 A. That's my mailing address. I live 7 next door at 28 Front Street with my older sister 8 Christena, my brother-in-law Jamie, my nephew 9 Phoenix and my nephew Justice. 10 Q. Phoenix and Justice are Christena's 11 children? 12 A. Yes, they are. 13 Q. How long have you lived there? 14 A. Seven months. 15 Q. Where did you live before that? 16 A. In Hartford, Connecticut. 17 Q. With whom did you live in Hartford? 18 A. My older brother, Danny. 19 Q. Danny's in the room with us today? 20 A. Yes, he is. 21 Q. For how long did you live in Hartford? 22 A. Six to eight months. 23 Q. What's your date of birth? 24 A. 10/3/88. 7 1 Q. Your social security number? 2 A. 048-84-5648. 3 Q. Where did you live before you lived with 4 Danny in Hartford? 5 A. Sturbridge, Massachusetts. 6 Q. Sturbridge? 7 A. Yup. Yes. 8 Q. With whom did you live in Sturbridge? 9 A. Ross and Linda Duprey and my 10 ex-girlfriend, Kristen Duprey. 11 Q. For how long did you live there? 12 A. Three years. 13 Q. Can you give me a ballpark of what years 14 those were? 15 A. I want to say between the end of '04 16 until the end of '06 or '07. '07. 17 Q. Before you moved in with your 18 ex-girlfriend, where did you live? 19 A. 90 Maybrook Road in Holland, 20 Massachusetts. 21 Q. Who lived at that address? 22 A. My mother and father and the rest of 23 my siblings, Danny, Smokey, Christena, Jamie, 24 Phoenix, Justice. Yeah. That's them. 8 1 Q. How far did you go in school? 2 A. I was asked to leave at the beginning 3 of my eleventh grade year. 4 Q. You were asked to leave school? 5 A. Yes. 6 Q. By whom? 7 A. My assistant principal. 8 Q. What school system was that? 9 A. Tantasqua Regional High School. 10 Q. What year was that? 11 A. '07. 12 Q. So, you finished your high school years 13 living with your -- 14 A. Yes. 15 Q. -- ex-girlfriend? 16 A. Yes. 17 Q. Why is it that you moved in with your 18 ex-girlfriend in 2004? 19 A. Extreme amounts of stress from living 20 in Holland. 21 Q. What was the reason you were given for 22 being asked to leave high school? 23 A. I'm not sure how they put it down on 24 paperwork. Pretty much, I used inappropriate 9 1 language with a person in a position of power 2 above me because I didn't like what he had to say. 3 I have a major problem with authority. 4 Q. How long have you had a major problem 5 with authority? 6 A. Since around March 27th, 2003. I was 7 friends with some of the police officers that came 8 into my home, and it changed my perspective on how 9 I relate to them. 10 Q. Had you ever had any discipline in school 11 prior to March 27th of 2003? 12 A. Yes. 13 Q. What type of discipline had you received 14 in school prior to March 27, 2003? 15 A. Minor things. Not getting along with 16 another kid in class. We'd argue. I'd get put in 17 school suspension if I used inappropriate language 18 or if I was to like -- it's hard to explain. Like 19 in high school, if someone was to walk up to me 20 and push me, I would push them right back, and 21 then in the administration's eyes, that's a fight. 22 So, I would get kicked out of school for it. 23 Q. That was before -- 24 A. Yes -- 10 1 Q. -- the incident -- 2 A. -- it was. 3 Q. -- in March, 2003? 4 A. Yes. 5 Q. You were not in high school in 2003, were 6 you? 7 A. It was middle school, junior high 8 school, same thing. They were right across the 9 street from each other. 10 Q. How many times had you been suspended 11 whether in school or out of school prior to March of 12 2003? 13 A. I want to say less than four. 14 Q. Were they all relating to interactions 15 that you had with other students or did it all relate 16 to interactions that you had with any school 17 personnel? 18 A. Mixed. Mostly with students. 19 Q. Did you have problems with authority with 20 school personnel prior to March of 2003? 21 A. Not nearly as much as I do now. I 22 was a regular teenager, and I mean, most teenagers 23 that go to high school or middle school have small 24 amounts of authority problems, being told when you 11 1 can go to the bathroom and et cetera, and after 2 2003, it excelled to where they could tell me that 3 my homework wasn't in on time and I would snap on 4 them because I didn't think they had that right. 5 Q. You associated the school system with the 6 police department? 7 A. I associate anyone in a position of 8 power above me in that manner. I can elaborate if 9 you'd like. 10 Q. I would. 11 A. For example, after the cops came into 12 the home and they did what they did, it showed me 13 how they can abuse their power, and when it came 14 to school, if I thought a teacher was abusing his 15 power with me, it brought me right back to what 16 happened to my family and I would snap. I mean, 17 if there was a teacher disciplining another 18 student and I wasn't even involved, I would snap. 19 I just -- I developed a very short fuse with 20 anyone that has power above anyone because I try 21 to believe everyone's equal. 22 Q. Can you elaborate on what you mean by 23 snap? 24 A. Inappropriate language, whether it be 12 1 obscene words or just things that I shouldn't be 2 saying, disrespect. I never got violent with 3 teachers, but I would get violent with other 4 students if they did the same -- anyone that 5 thought they were better than me, I would snap on 6 after that. I don't really know how to explain 7 the word snap. I don't know if I did a well 8 enough job for you. 9 Q. Were you ever -- are you familiar with 10 the term 766? 11 A. I'm not. 12 Q. Are you familiar with the term IEP? 13 A. Yes. 14 Q. Were you ever on an IEP? 15 A. No. 16 Q. What's your familiarity with the term? 17 A. I was in an MCAS lab because I had 18 low scores on math, and most of the kids in there 19 had IEP plans, and I asked what an IEP plan was 20 because they were allowed to use calculators 21 during class when I wasn't. 22 Q. So, you were never placed on an IEP or 23 provided with any 766 services as a result of 24 discipline issues? 13 1 A. No. 2 Q. Did you ever seek any medical attention 3 for this problem that you have just described to us? 4 A. I have had numerous conversations 5 with my guidance counselor from Tantasqua Junior 6 High School. His name was -- I don't remember his 7 first name, but Mr. Fagneau. 8 MS. O'NEIL-BAKER: Can I take this 9 call? 10 MS. PELLETIER: Oh, sure. Off the 11 record. 12 (A recess was taken) 13 MS. PELLETIER: Back on the record. 14 THE WITNESS: Also, I talked to 15 Robert Wellspring. He was the assistant 16 principal at the time. I spent a lot of time 17 talking to him about what was going on. He was 18 a lot more lenient with me. 19 Q. (By Ms. Pelletier) At the time of the 20 incident at your home in March of 2003, how old were 21 you? 22 A. Fourteen. 23 Q. And you testified that you were very 24 friendly with several of the police officers? 14 1 A. Yes. 2 Q. How did you become friendly with the 3 police officers at age fourteen? 4 A. Kevin Gleason was dating my best 5 friend's aunt. So, any time I went to a party 6 with them, like, I would go to their, like, 4th of 7 July party because they lived out on the lake and 8 they had boats. So, of course I'd go, and Kevin 9 Gleason would be there. So, there was several 10 conversations we had that didn't pertain to the 11 raid, my parents, et cetera. 12 And then after the raid happened, 13 there was another family gathering there and he 14 came up and tried to talk to me and I blew him off 15 because I didn't really want to be near him, but I 16 was friendly with Kevin Gleason from that, and I 17 was friendly -- I don't remember the officer's 18 name, but there was another officer that I called 19 to the house when my older brother Smokey and my 20 older brother Danny got into a physical fight, and 21 he came and sat there until my parents got home. 22 He was also very friendly. 23 Q. So, prior to March of 2003, all of the 24 interaction that you had had with officers related to 15 1 the Holland police force was positive? 2 A. Yes. 3 Q. And they had actually been in your home, 4 at least one officer had been in your home? 5 A. Yes. 6 Q. And didn't exhibit any animosity towards 7 you or your family? 8 A. Correct. 9 Q. And as of that time, it was well known 10 that both of your parents were activists with respect 11 to legalization of marijuana? 12 MS. O'NEIL-BAKER: Object to the 13 form of the question. 14 THE WITNESS: No. 15 Q. (By Ms. Pelletier) That wasn't true? 16 A. No. 17 Q. When did it become public knowledge? 18 A. I'm not sure exactly when it became 19 public knowledge, but I -- and I don't remember 20 the year. So, I don't -- it's going to come out a 21 little fuzzy. 22 Q. Okay. 23 A. I remember my dad got pulled over in 24 Newington, Connecticut, and he was arrested for 16 1 possession of marijuana, and that's when I first 2 learned that he smoked. And when he was going 3 through all that is when he sat down and talked to 4 me about it and we had a discussion about it, and 5 after that is when he started going back on the 6 road with my mother and me to the pro legalization 7 rallies and festivals and et cetera, and that's 8 when he really started doing all his activism 9 again. He had stopped for a very long time. 10 Q. Why? 11 A. He was worried about getting 12 arrested, having problems in the home with kids. 13 There was a lot of young kids in the house for a 14 very long time. 15 Q. So, after he got arrested, he wasn't 16 worried about it anymore? 17 A. Well, then we knew what he was doing 18 and he didn't have to hide it from us. 19 Q. According to the records I received, he 20 was arrested in Connecticut in either 2001 or 2002? 21 A. Yup. 22 Q. The incident that we're talking about 23 happened in March of 2003? 24 A. Yup. 17 1 Q. So, prior to March of 2003, he had 2 advised you and the rest of the family members of what 3 he was doing? 4 A. I'm not sure if he had talked to the 5 other family members. I know he talked to me 6 about it because I learned about it and I was very 7 curious to know why he was smoking marijuana, and 8 then he explained everything to me and it all made 9 sense, and since then, I've also become a medical 10 marijuana activist. I go with him to rallies. I 11 go with him, I pass out fliers. And I don't think 12 anyone should be in jail for it. 13 Q. What I'm trying to clarify is the timing 14 of this public knowledge, aside from your knowledge, 15 this public knowledge of your father's activism with 16 respect to the legalization of marijuana, if you know? 17 A. I'd say the best shot of getting a 18 timeline for that is on the last two pages of the 19 affidavit, there's photo clippings, and that's 20 when he was first put in the newspaper in our area 21 about being a medical marijuana patient and 22 activist. I know he threw a rally in Southbridge 23 in front of an Xtra Mart, and I'm not sure what 24 the other clipping was. 18 1 Q. Is it your testimony that prior to that, 2 he had not been publicly supporting for some period of 3 time the legalization of marijuana for medical 4 purposes? 5 A. Yes. For a small period of time when 6 I was growing up, he was not nearly as active. I 7 know before I was born, he was very active, and 8 when he got a family, he kind of cleaned up -- or 9 not cleaned up, but he was more careful about what 10 he did. 11 Q. When he was here yesterday, just about 12 every piece of clothing he was wearing exhibited 13 either a leaf or some reference to marijuana. 14 A. Yes. 15 Q. Will you agree with me, I think his hat 16 specifically said legalize medical marijuana, correct? 17 A. It said medical marijuana, but yes. 18 Q. Okay. And most of the rest of his 19 clothing had some reference to marijuana? 20 A. Yes. 21 Q. Did he dress like that during the time 22 period that you were living in Holland prior to the 23 time that these Xtra Mart issues came up? 24 A. Yes, but not as much. He would still 19 1 wear a marijuana shirt every day but he wouldn't 2 wear as many marijuana emblems as he would now. 3 He was also working a full-time job at the time 4 and he could not wear marijuana shirts to work 5 obviously. 6 Q. So, do you have any knowledge sitting 7 here today as to whether or not your father had become 8 active in the community with respect to the 9 legalization of marijuana before the officer came to 10 your house at your request to address some issues 11 between your brothers? 12 A. I'm not sure. I was very young. 13 Q. Well, you were fourteen -- 14 A. During the raid. 15 Q. -- during the raid, and your father was 16 arrested the year before? 17 A. Yes. 18 Q. So, you were just a year younger? 19 A. Yes. But when I called the officers 20 to the house, I must have been nine or ten. 21 Q. I see. 22 A. And I still -- I just didn't have 23 that information. 24 Q. Were there any posters or references to 20 1 the legalization of marijuana in your house before 2 March of 2003? 3 A. I wouldn't say in the house, but in 4 his bedroom or his office, yes. 5 Q. What was his office for? 6 A. He was doing computer stuff, phone 7 stuff. I remember -- this is back -- this is 8 referenced to the Holland house, and the house we 9 lived in prior to in Stafford, he had an office 10 there. He's an independent comic book maker. He 11 has years and years worth of comics from the 12 nineties and up that he started making on his own, 13 and he has his own label called One Shop Press. 14 So, he used his office for business and publishing 15 and et cetera. 16 Q. I'm looking specifically with respect to 17 the Holland house. Do you have a recollection of 18 there being some significant change in the interior of 19 the Holland house once your father came out to you, 20 for lack of a better term, with respect to his 21 philosophy regarding legalization of marijuana? 22 A. Honestly, not really. 23 Q. Did you ever have any conversations with 24 Kevin Gleason before March of 2003 regarding your 21 1 father's philosophy as to legalization of marijuana? 2 A. No. 3 Q. Did you ever have any conversations with 4 him after March of 2003? 5 A. Yes. 6 Q. Did you have any conversations with any 7 police officer or any person in a position of 8 authority, to use your phrase, prior to March of 2003 9 regarding your father's philosophy regarding 10 legalization of marijuana? 11 A. No. Yes, but it was an accident. 12 When I was at the rally in Southbridge, I was 13 handing out High Times magazine, and I 14 accidentally handed it to the Chief of Police of 15 Southbridge, because I didn't know who he was, and 16 he asked me if I knew who was running this 17 demonstration, and I said, yes, I do. It's my 18 father, Captain Joint, and I pointed to the 19 gentleman wearing the large top hat. 20 Q. Your father goes by C.J. or Captain 21 Joint, is that correct? 22 A. Absolutely. 23 Q. That's who you're referring to? 24 A. Yes. 22 1 Q. How old were you when that happened? 2 A. I don't know, but if you can show me 3 the date on the affidavit, I can figure it out for 4 you. 5 Q. Do you have any recollection as to the 6 proximity in time to the, quote, unquote, raid, when 7 that occurred? 8 A. It was within a couple of years. I 9 wouldn't say -- I'd say probably more than two and 10 less than five is the clearest I can be on that. 11 I don't really remember much. 12 Q. What did the Chief of the Southbridge 13 police say to you when you said that? 14 A. Honestly, he just said, thank you, 15 and walked over to speak with my dad and just 16 stated what we could and could not do, like we 17 were allowed to be on the sidewalk but we weren't 18 allowed to be on the Xtra Mart property. We were 19 allowed to walk with signs but we weren't allowed 20 to just stand still with signs. 21 Q. Was the rally related to the removal of 22 High Times from the Xtra Mart? 23 A. Yes, it was. 24 Q. Did your dad work at the Xtra Mart? 23 1 A. Yes, he did. 2 Q. Was that the location that he had 3 referred to yesterday when he was talking about 4 working for Kenyon Oil? 5 A. Yes. 6 Q. It was a Mobil gas station with an Xtra 7 Mart in it? 8 A. Yes. 9 Q. Did you have any interaction with Kevin 10 Gleason between the time of the rally or I'm going to 11 use the term coming out, if you don't object to that, 12 of your father, with coming out with respect to his 13 position on legalization of marijuana? 14 A. I'm not sure if I understand the 15 question. 16 Q. You've indicated that you had frequent 17 interaction with Kevin Gleason before March of 2003 18 because he was dating a friend's aunt? 19 A. Yes. 20 Q. Your best friend's aunt. And my question 21 is: Did you have interaction with Kevin Gleason after 22 your father came out publicly with respect to his 23 position but before March of 2003? 24 A. I'm not sure. 24 1 Q. What was your best friend's name? 2 A. Victoria Pearson. 3 Q. Did you ever have any negative 4 interaction with any Holland police officer after your 5 father came out and prior to March 27, 2003? 6 A. I wouldn't say negative, but I did 7 have to go down to the station, and that's what my 8 mom was in reference to yesterday, she wasn't sure 9 which child she had to go down with. 10 I had a girlfriend that lived in 11 town, and the girlfriend's mother didn't like me. 12 And she wasn't allowed to hang out with me. There 13 was Court Orders that she wasn't allowed to be 14 near me, and she showed up at a residence I was 15 hanging out with my friends at. Her mom got wind 16 of it and her mom called the police on me. 17 So, I had to go down to the station 18 and talk to them. I wouldn't really say negative 19 though. They were just telling me what I could 20 and couldn't do. I could ride the bus with her 21 but I couldn't be within 100 feet of her after 22 school, a scenario like that. 23 Q. So, this wasn't the girlfriend that you 24 ended up living with? 25 1 A. No. 2 Q. What was this one's name? 3 A. Her name was Haley Pratt. 4 Q. Haley Pratt had gotten a Restraining 5 Order? 6 A. Her mother did. 7 Q. Were you ever advised of the existence of 8 the Restraining Order prior to the conversation with 9 the police that you just -- 10 A. I was advised, but I was never served 11 with any paperwork. I thought it was her mother 12 just trying to scare me away from her. 13 Q. What did the mother tell you? 14 A. That she had put a Restraining Order 15 on me from going near Haley, going near the 16 property, and that if I was to come near either of 17 them, they would call the cops. And I respected 18 that. I didn't go near their property and I 19 didn't go near her, but she showed up at a place I 20 was hanging out at and tried to get me in trouble. 21 It was right after we had started to separate. 22 Q. What was the nature of the Restraining 23 Order? What was the basis of the Restraining Order? 24 A. I was young and we had both decided 26 1 that we were old enough to engage in sexual 2 relations, and her mom didn't like that idea when 3 she found out. 4 So, her mom went to the court and 5 explained to them what was going on, and Haley was 6 already a troubled child that I didn't really pick 7 up on. So, the Court granted her a Restraining 8 Order, and I'm not entirely sure on how it all 9 went down. I was never actually served with 10 paperwork, but the officers I spoke with asked me 11 just to stay away from her. So, I did. 12 MS. PELLETIER: Hold on one second. 13 THE WITNESS: No problem. 14 (A recess was taken) 15 MS. PELLETIER: Back on the record. 16 Q. (By Ms. Pelletier) The name of the 17 individual that you were involved in was Haley Pratt? 18 A. Yes. 19 Q. The mother was Theresa Fink? 20 A. Yes. 21 Q. According to the information I have, that 22 incident happened after the March, 2003, incident. 23 A. It did? 24 Q. Did you have more than one incident 27 1 involving -- 2 A. No. 3 Q. -- Mrs. Fink? 4 A. Nope. It's just a long time ago. 5 Q. Understood. 6 A. Everything mixes in, you know what I 7 mean? 8 Q. Yes. 9 A. I'm trying to place it with grades 10 that I was in, and now that you mention it, you're 11 right because I was dating her in ninth grade and 12 the raid happened in eighth. So, it was right 13 after. So, you're correct. I'm sorry about that. 14 Q. That's okay. So, to the best of your 15 memory, you had no other interaction with the police 16 officers other than those which you've identified 17 being interaction with Kevin Gleason not as a police 18 officer but socially and the interaction with the 19 officers that you called to the house because of a 20 problem with your brothers, correct? 21 A. Yes. 22 Q. Then after the incident in March of 2003, 23 you had the interaction that you just described which 24 was not a negative interaction with the Holland 28 1 police, correct? 2 A. Correct. 3 Q. Did you ever have any traffic stops or 4 other interaction with any Holland or other police 5 officers? 6 MS. O'NEIL-BAKER: Object to the 7 form. Just the time frame. 8 Q. (By Ms. Pelletier) Ever. 9 A. Do I answer? 10 MS. O'NEIL-BAKER: Yes. 11 THE WITNESS: Yes. I got pulled 12 over in Worcester, Massachusetts, for not 13 wearing my seat belt and having a headlight 14 out, and that same night, I got pulled over 15 about twenty minutes in Sturbridge, 16 Massachusetts, for having a headlight out, but 17 I was wearing my seat belt that time. 18 Q. (By Ms. Pelletier) Do you know when that 19 was? 20 A. I'd be guessing. 21 Q. Was it -- 22 A. It was within six months of getting 23 my license. So, I got my license -- 24 Q. Do you recall when you got your license? 29 1 A. No, but it says it on it. Okay. It 2 doesn't. 3 Q. Well, do you recall when you -- did you 4 get it when you were sixteen and a half? 5 A. No. I got it at probably seventeen 6 and a half or eighteen, in between there. 7 Q. Is there some reason why you waited? 8 A. To get my license? 9 Q. Yes. 10 A. I got my license at seventeen. I got 11 the ticket about six months later. And the reason 12 I waited was it was very stressful with my 13 parents, trying to get anything done. I mean, I 14 could ask them to sign a permission slip for a 15 field trip and I wouldn't get it back for a month 16 because they had so much stress. For a good two 17 years, I couldn't even sit down and have a 18 conversation with my mom because she was a wreck. 19 Q. Is it your testimony, despite the fact 20 that we've heard evidence that your father had six to 21 ten surgeries during this time frame, that this stress 22 was solely related to the incident in March of 2003? 23 A. Yes. 24 Q. Do you remember -- 30 1 A. My father's had surgeries my entire 2 life. It's something we're used to. We're not 3 used to people coming in our house and kicking 4 doors in. It's wrong. 5 Q. Did you receive a ticket in Holland in 6 March -- I'm sorry -- in October of 2006? 7 A. Not that I remember. Did I? 8 Q. Did you have any problems with the 9 Worcester or Sturbridge P.D. when you got the tickets 10 from them? 11 A. Nope. 12 Q. So, they were in positions of authority, 13 wearing uniforms, both gave you tickets on the same 14 night, and you didn't have a problem with that? 15 A. No. The Sturbridge cop -- it was a 16 Sturbridge State Police Officer and he did not 17 give me a ticket because I gave him my license, my 18 registration, and the ticket I had just gotten for 19 my headlight and was wearing my seat belt when he 20 pulled me over. So, he had no reason to give me a 21 ticket, the Worcester State Police Officer. 22 Q. Wait a second. They can't be both. 23 State Police are different than municipal police 24 officers. Were they both State Police? 31 1 A. They were both -- I'm pretty sure 2 they were both State Police because I remember 3 very firmly the State Police Officer in Worcester 4 saying, I'm going to give you a break on the 5 headlight but the State Police do not give 6 warnings on seatbelts. I remember that coming out 7 of his mouth. 8 And I didn't really have an issue 9 with him because he was respectful and he was 10 polite. He came up to the window. He asked me if 11 I knew why he stopped me. I said, I'm assuming 12 you stopped me for my headlight. It just went 13 out. He said, that's correct. He went back. He 14 ran my license, my registration. Came back, still 15 very polite, very respectful to me. He said that 16 he had to give me a ticket because I wasn't 17 wearing my seat belt but he was going to let me 18 off on my headlight. 19 And I was nervous. I was shaking at 20 first. And then after I actually engaged in the 21 conversation, I calmed down a little bit, but I 22 was also terrified. I mean, any time I'm pulled 23 over by a police officer, I'm nervous. Still. 24 Even living in Brownville Junction, 32 1 when they pull you over and they're very friendly 2 and polite, and I know all -- every single cop in 3 my town on a named, like face-to-name basis 4 because of the store I work in, and I still have 5 problems with them when they pull me over. 6 And we can sit down at the store and 7 bull crap for twenty, forty minutes when they're 8 not in that position above me, but it's when they 9 are behind me with their lights flashing that I 10 get nervous and I shake. 11 Q. You've never sought any treatment? 12 A. No. 13 Q. Did your mother ever suggest to you that 14 you get treatment for this? 15 A. I don't really talk to my mother 16 about what goes on with me anymore. I can't. I 17 can't talk to her. She closes right up. 18 I don't know how to explain what 19 happened to her. I mean, when I was growing up, I 20 could sit down and have long conversations. We 21 could go to the park. We could go ride bicycles. 22 We could do whatever. And now, I can't even ask 23 her to go for a ride in the car with me without 24 her getting edgy and snappy. And I don't know how 33 1 to explain what happened to her. She's a 2 completely different person now. 3 Q. You heard your mother testify that you 4 all had engaged in family therapy with respect to your 5 sister Star? 6 A. No. I did hear what she said, but I 7 think you misunderstood how she said it. My 8 mother and my father and Star did family therapy. 9 The rest of the siblings didn't have to go. We 10 didn't have to deal with any of it. 11 Q. Has there been any effort to engage in 12 family therapy since your mother's entire life changed 13 after this incident? 14 A. I don't know what she does. 15 Q. Well, have you suggested family therapy 16 or any therapy for your mother? 17 A. No. I don't make suggestions to her. 18 You don't understand. I cannot talk to her about 19 anything that has to do with anything anymore. I 20 mean. 21 Q. Anything -- you can't talk to her about 22 anything that has to do with anything? 23 A. Exactly. 24 Q. Why did you move back up to Maine then 34 1 with her with them? 2 A. Well, I don't live with them. I live 3 next door, for starters. And I moved back in with 4 them because my dad needed help. It's a full-time 5 job taking care of her right now. 6 Q. Taking care of your mother? 7 A. Yes. I'm not joking. My mother is 8 seriously mentally ill now. I don't know exactly 9 how, and I don't know exactly why, but when I came 10 home that night after the raid, everything was 11 different. Our house was torn apart and she was 12 different. 13 Q. Going back to the interaction with the 14 police both before and after. Have we now reviewed 15 each occasion in which you've had interaction with 16 police officers both prior to and subsequent to March 17 of 2003 as best as you can recall? 18 A. I'm not exactly sure what you're 19 asking me again. I'm sorry. 20 Q. I was trying to identify each interaction 21 that you have had with police officers before March of 22 2003 and after March of 2003, and I just want to make 23 sure that we've covered them all. 24 A. No. I got pulled over three times in 35 1 Hartford in the same location by the same police 2 officers because they didn't like the bumper 3 sticker that was on the back of my car. 4 Q. What was the bumper sticker? 5 A. The bumper sticker said save our 6 children, legalize drugs, law enforcement against 7 prohibition. 8 Q. Save our children? 9 A. Save our children, legalize drugs, 10 law enforcement against prohibition, and then on 11 the bottom it says www.leaf.cc. It's an 12 organization of cops that want to legalize drugs. 13 Q. Do you have some interaction with that 14 organization? 15 A. I'm a member. 16 Q. Of a law enforcement -- of an 17 organization relating to law enforcement -- 18 A. Absolutely. 19 Q. -- officers? Are you a law enforcement 20 officer? 21 A. No. I'm friends with law 22 enforcement. 23 Q. You are, okay. So, despite what you've 24 testified to, you've been able to maintain friendly 36 1 relationships with law enforcement officers as long as 2 they believe in the legalization of drugs? 3 A. No. As long as they treat me 4 equally. 5 Q. I'm a little bit confused about the 6 testimony then about problems with authority and 7 school and getting kicked out of school. How do you 8 justify the -- 9 A. Very simply. I was in Miami, 10 Florida, last year when I joined LEAF, and I went 11 to a seminar with LEAF, and I sat down and I 12 listened to Peter Christ, and actually, I have his 13 card if you want to get the correct name, and I 14 listened to him speak and I listened to what he 15 had to say. And when he said that he wasn't out 16 there to hurt me and he wasn't out there to scare 17 me and he wasn't out there to intimidate me, he 18 was there because he wanted to legalize drugs and 19 he wanted to take the -- he didn't believe that 20 drugs should be safe and legal and whatnot for 21 everyone but he did believe that it should be out 22 of law enforcement's hands and it should be in 23 health and education. And if it's taken out of 24 law enforcement's hands, he's saying right there 37 1 he does not want to have power over me. That's 2 the way I perceive it. His name, if you want to 3 take it down. 4 Q. Does the power over you issue only relate 5 to drugs? 6 A. No. 7 Q. So, if law enforcement wants to have 8 power over you in other respects, you have a problem 9 with that as well? 10 A. Yes. If law enforcement was to pull 11 me over and just, for example, say I had a weapon 12 on me -- I'm not saying I do -- but say I did and 13 they wanted to detain me, even if it was a routine 14 thing, I would snap. As soon as they want me to 15 get out of the car and get out of my safe zone, I 16 snap. 17 Same thing with school, as soon as a 18 teacher confronts me, any confrontation I have any 19 negative interaction I have with authority, I 20 snap. 21 If it's a positive thing like LEAF 22 was, then I'm okay talking to them. If it's a 23 positive thing like shooting pool outside the 24 store with the local P.D., I'm fine, but it's as 38 1 soon as they switch that from their friendly, hi, 2 how ya doing, to can you please step out of the 3 car, or license and registration, as soon as they 4 start asking things from me, I get nervous. I 5 shake. I get terrified. 6 Q. Did that occur in the three occasions 7 that you got pulled over in Hartford? 8 A. Yes. 9 Q. What happened? 10 A. I was going down -- what street was 11 it? 12 Q. I don't need to know the name of the 13 street. I just want to know about the interaction 14 that you had with the police officer. 15 A. The street name is relevant. It was 16 the corner of Prospect right before where you get 17 on the highway, and I was coming back from my 18 brother's house, picking him up, on my way over to 19 the West Hartford house to my grandfather's. He 20 had passed away by then, but it was where my 21 parents were staying. 22 Right as I got up the highway ramp, I 23 got pulled over. He said, license and 24 registration. I said, no problem. Handed him the 39 1 license and registration. 2 He said, did you know in the state of 3 Connecticut, you're not allowed to have license 4 plate brackets? And that's when I got edgy and I 5 started getting nervous. Then he made me and my 6 brother step out of the car so he could take a 7 look in my car. 8 I said, why do you need to look in my 9 car? He said, to make sure you don't have any 10 drugs or weapons. I said, why would I have drugs 11 or weapons? And that's when I started getting 12 edgy and I started snapping on him. 13 I didn't get a ticket. I didn't get 14 harassed, but he did make me take the license 15 plate bracket off my car on the side of the road. 16 Went home. 17 Three or four days later, same 18 officer, same car, same location. I got pulled 19 over again. Any time I drove that car through 20 that location when that cop was sitting there, I 21 got pulled over. And my brother Danny can testify 22 to it. He was in the car with me. 23 Q. Were you arrested on any of those 24 occasions? 40 1 A. No. 2 Q. When you have testified that you, quote, 3 unquote, snapped on those occasions, what did that 4 mean? 5 A. I get extremely mouthy, extremely 6 mouthy. And I use words that I wouldn't normally 7 use. I try to have respect for people until they 8 break that respect. 9 And I won't just walk down the street 10 and see a police officer and yell Pig. However, 11 if there's a police officer that's confronting me 12 and getting me nervous or scared, then I'll snap. 13 I'll start calling him Pigs. I'll start -- it's 14 bad. And I don't even do it on purpose. It just 15 comes out. 16 Q. Okay. 17 A. But it's like a different part of me 18 takes over. I lose control of what I'm saying and 19 what I'm doing. I shake. 20 Q. That hasn't resulted in any arrests or 21 any -- you're telling me that you've exhibited that 22 behavior to -- did you exhibit that behavior on the 23 three occasions you were pulled over in Hartford? 24 A. Yes. 41 1 Q. And nothing happened to you as a result 2 of that? 3 A. No. 4 Q. They just let it go? 5 A. No. I'm pretty sure if you call the 6 Hartford Police Department, there's a record on 7 file for harassment because I and my mother called 8 the police of chief of Hartford, explained to him 9 I had been pulled over in the same spot with the 10 same excuse three times and I had not been 11 arrested or given a ticket, and why was I being 12 harassed. 13 Q. It's your position you were being 14 harassed by the Hartford P.D.? 15 A. Yes. It was a violation of my First 16 Amendment right because of the bumper sticker on 17 my car. 18 Q. Did you bring suit against them? 19 A. No. 20 Q. Why not? 21 A. They didn't kick my doors in, put 22 guns in my family's face. They didn't threaten my 23 dog in front of my nephew. They didn't have 24 people yelling drug dealer out the window when I 42 1 walked by. They didn't have people in town 2 walking up to me and saying, your father's a drug 3 dealer. They didn't have people in town telling 4 me that I can't come to their house anymore 5 because my father's a drug dealer. 6 Q. So, just speaking about you for the 7 moment. It's your testimony that the Hartford Police 8 Department violated your First Amendment rights on 9 more than one occasion but you have not brought any 10 claims against them, correct? 11 A. Correct. 12 (Christena and Jamie Dodge 13 now present) 14 Q. (By Ms. Pelletier) Have we now exhausted 15 your interaction with police departments both before 16 and after March of 2003? 17 A. Yes. 18 Q. For clarifications purposes, you just 19 went on about what occurred on March 27 of 2003 in 20 your home, but if I'm not mistaken, you were not 21 present when any of this occurred, is that correct? 22 A. That's correct. I was on the school 23 bus when I saw the cruisers heading to my home. I 24 didn't know if they were going to my house or not. 43 1 I was -- can't think of the word I was looking 2 for. I was not expecting them to be going to my 3 home. I figured maybe they had something else 4 going on. 5 I did not expect them to be at my 6 home when I got out of school that day. I had 7 already made plans to go hang out with a friend of 8 mine. And I called home around 7:30 to say that I 9 was on my way home soon, and that's when I found 10 out what had happened. 11 Then about a week later everybody in 12 town knew what happened because the Telegram 13 Gazette out of Southbridge had published it. And 14 after that, I wasn't allowed to go to my good 15 friends' houses, like Tyler Bradley who lived on 16 Pine Tree Drive, or Jessie Flannery who lived on 17 Pine Tree Drive. Their parents wouldn't let me 18 in. 19 Q. One step at a time here. You had made 20 plans to go somewhere after school. So, no one called 21 and told you what had happened; you just went about 22 your business? 23 A. Correct. 24 Q. And then you called around 7:30 in the 44 1 evening? 2 A. Correct. 3 Q. And that's the first you had heard about 4 the situation? 5 A. Correct. 6 Q. Had you called to check in on your 7 father's medical status at any time during the day? 8 A. No. 9 Q. Your father had just had major surgery? 10 A. Yup. I'm not sure if it was major 11 surgery. I don't remember which surgery he was 12 having. He had several surgeries throughout my 13 entire life. He's had his knees done. He's had 14 his ankles done. 15 Q. According to the testimony of both your 16 mother and your father, he was on life support as a 17 result of the diverticulitis, and your mother's 18 testimony was that she could put her whole hand 19 through a gaping hole in his stomach. 20 A. Correct. 21 Q. I would consider that major surgery, 22 would you? 23 A. Sure. 24 Q. That's the surgery he had, according to 45 1 the evidence in this case, as of the time of this 2 incident. 3 A. Correct. 4 Q. So -- 5 A. The only part you're missing is he 6 was having that surgery, I'm not sure exactly what 7 day. They have all the paperwork for that. 8 Q. Who does? 9 A. My attorney has medical records. 10 We're working on getting all that fax'd to you, 11 I'm sure, sooner or later, whenever it's needed. 12 I don't know how that works. 13 MS. PELLETIER: Counsel, for the 14 record, those are the records that we still 15 have not received, correct? 16 MS. O'NEIL-BAKER: Correct. 17 THE WITNESS: The medical records, 18 as you look through them, you're going to see 19 all the surgeries he's had, and you're going to 20 see how he was taken from Harrington Hospital 21 to UMASS by ambulance, and I was with him the 22 night that happened, and I was with him many 23 nights in the hospital, and I was used to it. 24 It wasn't something that bothered me. I knew 46 1 what my father was doing. I knew that he was 2 going to be okay. And when other people told 3 me he wasn't going to be okay, I knew that he 4 was going to be okay. 5 Q. (By Ms. Pelletier) And you -- 6 A. And then our house got raided. Then 7 he pulled all his stuff out and he tried to walk 8 out of the hospital and he started doing 9 everything under the sun to get himself home to 10 take care of his family. 11 Q. Where did you get that information? 12 A. That he ripped his things out? 13 Q. Yes. 14 A. He told me. My mother has told me. 15 There's hospital records of when he relapsed and 16 they had to put a fistula bag in. 17 Q. Have you seen those? 18 A. The records? 19 Q. Yes. 20 A. Yes. 21 MS. PELLETIER: Again, counsel, 22 those are records that haven't been produced in 23 this case? 24 MS. O'NEIL-BAKER: Right. 47 1 Q. (By Ms. Pelletier) So, who did you speak 2 to when you called from your friend's house around 3 7:30 in the evening? 4 A. I'm not exactly sure which family 5 member I spoke with. It was either my sister 6 Christena or my brother Danny. I don't remember 7 which one answered the phone. 8 Q. Okay. 9 A. It was a very crazy night for 10 everybody there. 11 Q. The incident occurred at approximately 12 eight o'clock in the morning according to your mother? 13 A. Yes. 14 Q. So, it's now almost twelve hours later, 15 is that right? 16 A. Yes. 17 Q. To the best of your recollection, what 18 was said to you and what did you say? 19 A. I called. I said, do you guys want 20 me to come home now or can I stay a little later? 21 They said, you need to get home right now. I 22 said, why? What's wrong? They said, the police 23 came into the house today and raided the house. I 24 said, you got to be kidding? They said, no. The 48 1 police were here. You need to come home. 2 I looked -- and I hung up the phone. 3 I looked and turned to my friend and I said, can 4 your dad give me a ride home right now? He said, 5 why? What's wrong? I told him exactly what 6 happened. And then they gave me a ride home. 7 Q. Did you ask why? 8 A. Did I ask why the house was raided? 9 Q. Yes. 10 A. No. 11 Q. Did you know? 12 A. Well, I assumed that if the cops were 13 in the house, it would be for marijuana. If my 14 dad's a medical marijuana patient and a medical 15 marijuana activist and everyone in town knows that 16 he smokes, you know what I mean, it just kind of 17 made sense. Police don't like people that go out 18 there and talk and try to change the laws. 19 Q. So, did you go home? 20 A. Yes. 21 Q. What happened? 22 A. Immediately. 23 Q. What did you observe when you got home? 24 A. I observed the house in ruins. It 49 1 was a mess. The doors -- 2 Q. Twelve hours later, it was still in 3 ruins? 4 A. Yes. The doors were still kicked in. 5 I mean, you couldn't shut the door all the way. 6 The door didn't shut that night. We had to go out 7 and get everything to fix it the next day. 8 There was just our stuff everywhere. 9 That was before I even got down to my room. I 10 mean, everywhere, the living room, the kitchen 11 table, the hallways, the bathrooms, my parents' 12 room, my sister's room. Everything was all over 13 the place. 14 Then I went down to my room and every 15 single one of my drawers was pulled out and dumped 16 everything that I owned was on the floor. I mean, 17 I had models on my desk. I had -- I don't even 18 remember everything I had, but I had my room 19 completely decorated, and when I had come home, 20 everything was on the floor. My bed was thrown on 21 the floor. My -- everything. Everything I owned 22 was on the floor as if it was garbage. And this 23 is stuff that I had been acquiring since I was a 24 baby. Picture frames were broken with my 50 1 grandfather's picture. 2 Q. Do you have any personal knowledge as to 3 whether Kevin Gleason participated in any of the 4 activities inside of the home? 5 A. Yes. 6 Q. You have personal knowledge of that? 7 A. I do. 8 Q. Where did you get the personal knowledge? 9 A. My sister Christena identified him to 10 me. My brother Danny identified him to me. My 11 brother-in-law Jamie identified him to me. 12 Q. What did they say he did? 13 A. I'm not sure exactly what he did. I 14 know he was there. 15 Q. That was my question. Do you have any 16 personal knowledge as to him specifically 17 participating in the destruction of the items in your 18 home that you have just described? 19 A. No. I'm sorry. I misunderstood the 20 question. 21 Q. That's okay. That's all right. Do you 22 have any personal knowledge of whether or not Ken 23 Fitzgerald was even in your home? 24 A. I do not. 51 1 MS. O'NEIL-BAKER: Object to the 2 form of the question. 3 Q. (By Ms. Pelletier) Have you ever heard 4 of Kenneth Fitzgerald? 5 A. I have. 6 Q. What's your -- what do you know about 7 Kenneth Fitzgerald? 8 A. I know that he was on the no knock 9 warrant that was served at my house. 10 Q. He was on the no knock warrant? 11 A. His name was on the no knock warrant 12 that raided my house. I'm almost 100 percent 13 positive it was his name that I was looking at 14 because I remember reading all that paperwork over 15 and over and over and over again. 16 Q. Do you know anything about Ken Fitzgerald 17 other than you believe his name was on the no knock 18 warrant? 19 A. I know that after the raid, about two 20 to three days later, he came up to the house with 21 either the Board of Health or the dog officer, and 22 I don't remember which time, but I remember that I 23 had a direct conversation with him because I'm the 24 one who went up to check on the neighbor's cat 52 1 that they accused my dog of killing. 2 And when I went up there, there was 3 no cat to be seen. And I mean, you can -- Laurie 4 Allen is the neighbor that called the complaint 5 in. She's also best friend with Sally Blais who 6 is the one that came up with the Board of Health 7 and they all work in the same office with the 8 Holland police, and it's just kind of funny. 9 Q. Did you have -- we'll get back to that 10 interaction with Kevin Fitzgerald. You have no 11 knowledge of Kevin Fitzgerald being inside your home 12 at any time, is that correct? 13 A. Correct. 14 Q. Other than this post March 27, 2003, 15 incident with the cat, you haven't had any other 16 interaction with Mr. Fitzgerald? 17 A. Correct. 18 Q. Why don't you proceed chronologically 19 with what happened once you got in the house? 20 A. From the date of the raid? 21 Q. You observed. 22 A. I walked in the back door which leads 23 right into our kitchen. Everything was a mess. 24 Q. We've gotten to your bedroom already, I 53 1 think. 2 A. Okay. I went down to my bedroom. 3 Everything was still a mess and everyone started 4 picking up -- I mean, other people's bedrooms, 5 they had started cleaning up a little bit, but I 6 mean, I continued to put my bed back together, 7 pick all my clothes up so they could be washed 8 because they sat on the concrete floor. Start 9 cleaning up my desk, cleaning up all my school 10 work that they had thrown all over the place, and 11 trying to organize things. They left my room a 12 disaster area. Hurricane Katrina couldn't have 13 done a better job than them. 14 Q. You don't know who the them is, is that 15 fair to state? 16 A. That is fair to state. I was not 17 home when they were in my room. 18 Q. So, you and the rest of your family 19 picked up the house? 20 A. Yeah. 21 Q. Correct? 22 A. Correct. 23 Q. What happened after that? 24 A. I'm not sure what everybody else did. 54 1 I went to bed. I had school the next morning. 2 Q. Did you go to school the next day? 3 A. Yes, I did. 4 Q. What was your next interaction with any 5 member of the Holland Police Department? 6 A. When I came home that afternoon from 7 school, they were back with the Board of Health, 8 and the most interaction I had with them that day 9 was looking out the bathroom window to see why 10 they were there. I didn't say anything to them 11 but I was listening. 12 Q. What did you hear? 13 A. I heard my mom going off on them for 14 daring to come back up our driveway after they had 15 done what they had done yesterday. I heard Sally 16 Blais stating that she needed to come in and check 17 our toilets. I heard my mom stating that she was 18 not coming in our house without a warrant. 19 And then I observed Jim Green pulling 20 my mom back into the house, talking to her, and 21 then going outside and telling the police officers 22 and the Board of Health one gentleman could come 23 in who is not on the police force and flush the 24 toilet and go home. 55 1 And when they were there, they also 2 took pictures of our septic tank which was a brand 3 new sixty or $70,000 unit that was just put in. 4 And taking pictures of our barn and all of our 5 out-buildings. 6 Q. Who took pictures? 7 A. I don't know who was taking the 8 pictures. There was several people there that 9 day. 10 Q. Did you see any member of the Holland 11 Police Department taking photographs? 12 A. I'm not sure who was taking 13 photographs. 14 Q. Did you see -- was any member of the 15 Holland Police Department in your home? 16 A. No. They'll never step foot in our 17 home again. 18 Q. Jim Green requested that a single 19 individual enter the home and they complied with that? 20 A. To flush the toilet. Yes. I'm 21 sorry. I didn't let you finish. 22 Q. That's okay. Some unidentified person 23 took photographs and then they left? 24 A. Yes. 56 1 Q. Do you know the identity of any member of 2 the Holland Police Department that was there that day? 3 A. Kevin Gleason. 4 Q. He was there? 5 A. Yes, he was. 6 Q. He didn't have any interaction with you? 7 A. No. 8 Q. Did he have any interaction with your 9 mother? 10 A. I'm not sure. There was several 11 police officers there, but I know Kevin was there. 12 I recognized Kevin and I recognized his truck. 13 Q. How about Mr. Fitzgerald, Officer 14 Fitzgerald, was he there? 15 A. I'm not sure. 16 Q. When you say your mother went off, can 17 you tell me what you meant by that? 18 A. She was going through extreme 19 emotional problems at the time from the cops 20 kicking the doors in the day before and she -- I 21 don't know how to describe going off. She told 22 them exactly what she thought of them. 23 Q. Which is what? 24 A. I don't remember exactly what it was. 57 1 She told them that she can't believe they had the 2 audacity to come back up to our house. She told 3 them very point blankly that they're not coming in 4 our house again without a warrant. And if they 5 don't have a warrant, they need to get the beep 6 off our property. It was a very, very negative 7 interaction. No one in our house wanted the 8 police on our property again. 9 Q. Was there -- what was the reaction of 10 Kevin Gleason if anything? 11 A. I'm not exactly sure. 12 Q. Did anybody engage her in any kind of -- 13 A. Yes. 14 Q. -- argument? 15 A. By pulling up the driveway. 16 Q. I mean, once she, quote, unquote, went 17 off, did anyone engage your mother once she went off, 18 to use your term, did any member of the Holland Police 19 Department engage her in any kind of an argument or a 20 discussion or anything? 21 A. Honestly, I don't remember. 22 Q. Did any other family member have any 23 communication that you are aware of with any member of 24 the Holland Police Department that day? 58 1 A. I have no idea. 2 Q. Did you observe it? You said you were in 3 the bathroom listening to the whole thing. Did you 4 hear it? 5 A. I did not hear any of my family 6 members talking to them. It doesn't mean they 7 didn't. 8 Q. What was your next interaction with any 9 member of the Holland P.D.? 10 A. It was either the next day or the day 11 after, they came up with the dog officer, stating 12 that our dog Rocket had been loose and that he had 13 killed a neighborhood cat. 14 And my mom and I both said, well, 15 you're welcome -- I'll bring the dog down. You're 16 welcome to look in his teeth. There's nothing 17 there. He's been inside all day. 18 They said, no, that's fine, and left. 19 And I believe I was talking to Fitzgerald that 20 day. I'm almost ninety-nine percent positive it 21 was him, because I remember after they left, I 22 took a bike ride up to the neighbor's house that 23 said they lost their cat and no one was there. 24 And then I continued to go down the 59 1 street to Laurie Allen and asked her if she knew 2 what was going on. And she said that she saw my 3 dog rip apart a cat. And I said, well, how did 4 you see my dog rip apart a cat when he's been 5 inside all day? 6 Q. Okay. So, you confirmed that someone 7 reported to the Holland Police Department that their 8 cat had been ripped apart by your dog, correct? 9 A. I confirmed that Laurie Allen said 10 that she called the police because our dog ripped 11 apart a cat, but the cat's owner was not home. 12 Q. I understand that. I'm just trying to 13 confirm that your -- 14 A. Then yes. 15 Q. -- allegation isn't that the Holland 16 Police Department made this whole thing up in order to 17 harass you that somebody's cat had been hurt? 18 A. I'm not agreeing to that at all. 19 Q. What facts would you have to support an 20 allegation, if you're making that allegation, that the 21 Holland Police Department concocted this story about 22 the cat? 23 A. That it's a small town and the cops 24 are friends with Lori Allen, and it makes sense. 60 1 It makes sense to me that that was something they 2 would do, considering the dog officer's the only 3 reason they could come back up without a warrant. 4 And we had problems with our dogs before. So, it 5 would have been an easy way to get in. 6 Q. What kind of problems had you had with 7 your dog before? 8 A. We had a Town Meeting because our 9 neighbor across the street, Vinnie Dinardo, wanted 10 to have our dog debarked because he was barking 11 too much. So, we spent money on expensive collars 12 to stop him from barking. They told us we either 13 had to have our dogs debarked or move out of town. 14 Q. When did that happen? 15 A. I'm not sure on the date. I was 16 young. I'm sure it's in public records. 17 Q. Okay. So, other people had complained 18 about your dogs before this incident but you believe 19 that this incident was concocted by the Holland Police 20 Department in order to get on to your property? 21 A. Yes. 22 Q. You have no facts to support that, is 23 that fair to state? 24 A. Yes. 61 1 MS. O'NEIL-BAKER: Nancy, could we 2 get some more water? It looks like it's just 3 ice cubes. 4 MS. PELLETIER: Yes. 5 THE WITNESS: Can we take a break 6 for a minute? 7 MS. PELLETIER: Yes. 8 (A recess was taken) 9 MS. PELLETIER: Back on the record. 10 Q. (By Ms. Pelletier) Did you have any 11 further interaction with the Holland Police Department 12 after the incident with your dog and other than we've 13 already discussed with respect to the Restraining 14 Order? 15 A. No. I also stayed at my 16 grandfather's that entire summer though. So, I 17 wasn't around Holland. 18 Q. Why did you stay at your grandfather's? 19 A. I didn't want to be in town. I 20 couldn't. 21 Q. Did you finish school that year? This 22 was March, right? 23 A. Yes. 24 Q. You already testified as to some 62 1 discipline problems that you had had before this. Did 2 you remain in school for the rest of that school year? 3 A. Yes, I did. 4 Q. Did you have any discipline problems for 5 the remainder of that school year? 6 A. I'm not sure. It was a long time 7 ago. I can't remember every instance. 8 Q. You allege in this case that you were 9 subjected to continual and progressive harassment and 10 intimidation by Chief Gleason. Can you state the 11 facts upon which you base that allegation? 12 A. No. 13 Q. You also allege that you were subjected 14 to continual and progressive harassment and 15 intimidation by Ken Fitzgerald. Can you state the 16 facts upon which you base that allegation? 17 A. No. 18 Q. Do you allege today that you were 19 harassed by either Kevin Gleason or Ken Fitzgerald at 20 any time? I'm speaking of you personally, not your 21 family. 22 A. I know. Not directly. 23 Q. Indirectly, does that mean something to 24 do with your family? 63 1 A. No. That means as a result of the 2 raid, like I said, I was ostracized in the town. 3 I could not ride my bicycle down the street 4 without at least one person yelling out the window 5 my father was a drug dealer. I couldn't go to 6 certain friends' homes anymore. And none of my 7 friends were allowed to come to my home anymore. 8 I was looked down on by most of my 9 friends' parents. I still have my best friend's 10 parents will not let her go anywhere with me even 11 after the charges have been dismissed. 12 Q. These individuals were perfectly okay 13 with your presence after your father had, to use the 14 term you've been using, come out publicly with respect 15 to his position regarding legalization of marijuana? 16 A. Yes. 17 Q. So, the problem that they had was the 18 perception that he was dealing drugs, not that he was 19 smoking pot in the house? 20 A. Yes. 21 Q. And they articulated -- 22 A. He wasn't smoking pot in the house. 23 Q. Where was he smoking it? 24 A. He would go for walks. If it was a 64 1 wet day, he would park out -- he would sit out in 2 the car but never in the house. 3 Q. It's your testimony that these 4 individuals that were saying negative things to you 5 were accepting of your father doing that but not of 6 him, quote, unquote, dealing drugs? 7 A. Absolutely. 8 Q. And they've articulated that to you? 9 A. Yes. 10 Q. They were perfectly happy with the fact 11 that he might be -- 12 A. They didn't care that he exercised 13 his rights. They didn't mind that he was a 14 marijuana activist. They did mind when they 15 thought he was selling drugs three houses away. 16 Q. Who specifically told you that, by name, 17 please? 18 A. Al Pearson. 19 Q. He told you that he didn't mind that -- 20 A. No. He said he didn't care what my 21 father did until he found out that he was a drug 22 dealer. 23 Q. Who else? 24 A. Lisa Bradley. I think her last name 65 1 is different now though. She got married. I 2 don't know what it is. Mark Melard. Because what 3 my father does -- this is what many of them said, 4 it's not the exact phrase, but it's the general 5 consensus, is what my father does out of town is 6 none of their business, but if he is selling drugs 7 in town, it could be their kids buying them next. 8 So, where I simply stated my father doesn't sell 9 drugs, several times to many different people. 10 I had problems in school because of 11 the same thing. And when your father gets put in 12 the paper as a drug dealer, you'll be amazed how 13 many kids come up to you trying to buy drugs. 14 I would have kids in high school come 15 up to me, hey, you know where I can get a bag? I 16 know your dad's Captain Joint. My dad doesn't 17 sell drugs. What about the raid? Those are dirty 18 cops. And that's happened on numerous occasions. 19 Q. He was known as Captain Joint before the 20 raid publicly, correct? 21 A. Yes. 22 Q. So that the identity of Captain Joint had 23 nothing to do with the raid, correct? 24 A. I think the identity of Captain Joint 66 1 had everything to do with the raid. I think -- 2 Q. Your father was in the newspaper -- 3 MS. O'NEIL-BAKER: He was finishing 4 his answer. 5 THE WITNESS: I wasn't done yet. 6 Q. (By Ms. Pelletier) Go ahead. 7 A. I believe that Captain Joint had 8 everything to do with the raid, because how he was 9 put in the paper, how on the warrant they 10 connected, the two pages of his newspaper 11 clippings or the affidavit, how they connected the 12 two pages, I think it has everything to do with 13 why my house was raided and why I'm looked at the 14 way I was. 15 Q. My question was the people's recognition 16 of your father by the name Captain Joint existed prior 17 to the raid. That was my question. 18 A. Yes. 19 Q. So, when kids referred to your father as 20 Captain Joint, it wasn't because of the raid; it was 21 because he publicly referred to himself as Captain 22 Joint and still does, correct? 23 A. Yes. And more. There was several 24 business cards that went out with his picture on 67 1 it that said Captain Joint because he is a medical 2 marijuana activist, not a drug dealer. 3 Q. The comments that you just made with 4 respect to being ostracized in town you're associating 5 with the raid, quote, unquote? 6 A. Yes. 7 Q. Which is the term that you and your 8 mother have used and your father regarding what 9 occurred on March 27, 2003, correct? 10 A. Yes. 11 Q. Do you have any facts to support the 12 allegations that false statements were made by Kevin 13 Gleason with respect to the obtaining of the warrant? 14 A. No. Scott Haley signed that, not 15 Kevin. 16 Q. Do you have any facts to support an 17 allegation that false statements were made by Ken 18 Fitzgerald with respect to the obtaining of the 19 warrant? 20 A. No. 21 Q. So, your allegations in this case relate 22 to what occurred when you were not at home on March 23 27, 2003? 24 A. Yes. 68 1 Q. And no other interaction that you have 2 ever had with either Kevin Gleason or Ken Fitzgerald, 3 correct? 4 A. Correct. 5 Q. Do you claim any economic or monetary 6 damages as a result of what occurred in this case? 7 A. Can I ask a question about the 8 question? I'm not sure -- 9 Q. You can ask. I may or may not answer but 10 you can ask. 11 A. That's fine. 12 Q. That's fair. 13 A. Are you asking if I'm claiming like 14 lost wages or anything like that? 15 Q. Any kind of dollar, either property 16 damage because I know we've talked about things being 17 damaged within the home, or lost wages or lost earning 18 capacity. 19 A. I don't have an actual dollar amount, 20 but I would say yes. 21 Q. What would you say that is; what is the 22 nature of the damages? 23 A. It's all priceless stuff. They broke 24 my models. They tore everything in my room apart. 69 1 Broken picture frames. My bed was tossed on the 2 floor. Most of my clothes ended up getting thrown 3 out because they were thrown on a wet floor. 4 Q. The floor of your bedroom was wet? 5 A. No. The floor next to my bedroom was 6 wet where they threw the clothes. 7 Q. Why was the floor of the bedroom next to 8 yours wet? 9 A. There was a shower there. 10 Q. Okay. Are you presently employed? 11 A. Yes. 12 Q. Where are you employed? 13 A. The General Store and More at 1497 14 Main Street in Brownville Junction. 15 Q. What is your job there? 16 A. I'm a breakfast cook and I'm a 17 cashier. 18 Q. How long have you been working there? 19 A. Since February. 20 Q. I apologize. I forgot. When did you 21 move up there? 22 A. In October. 23 Q. Did you work between October and 24 February? 70 1 A. Yes, I did. 2 Q. What did you do then? 3 A. I worked for a staffing agency called 4 Bonnie's Staffing, and they placed me at a job 5 called Freedom Express in Herman, Maine. 6 Q. What did you do there? 7 A. Package handling, reading zip codes, 8 sorting and reloading. 9 Q. Why did you leave that position? 10 A. It was not enough money and too far 11 away from my house. 12 Q. What was your employment prior to moving 13 to Maine? 14 A. Do you want me to do it in 15 chronological order? 16 Q. Backwards. 17 A. Backwards, okay. Big Y in East 18 Windsor, I think it was. 19 Q. For what period of time? 20 A. October. Just the month of October. 21 Q. Did you leave because you were moving? 22 A. Yes. 23 Q. What was your position? 24 A. I was night crew, stocking shelves. 71 1 Q. Prior to that? 2 A. Family Dollar. 3 Q. What was your position? 4 A. Manager or assistant manager. 5 Q. Why did you leave that job? 6 A. I had conflicts with the manager. 7 Q. What does that mean? 8 A. Me and the manager were friends when 9 I was hired, and at the end of it, we were no 10 longer friends. So, I resigned. 11 Q. Was it as a result of problems with 12 authority that you have testified to or was it -- 13 A. Yes. 14 Q. Was it -- 15 A. I lost a friendship over it. 16 Q. Because you had a problem with him as an 17 authority figure? 18 A. I had a problem with her as an 19 authority figure, yes. 20 Q. What was the problem, you didn't want to 21 do what she wanted you to do, or what was the problem? 22 A. I just -- pretty much what you said, 23 except she would leave me a list of things to do. 24 I would get most of the stuff done on the list. 72 1 And then she would call and complain and bitch. 2 Sorry. 3 Q. That's okay. 4 A. What's another word for that? Chew 5 me out, and I just couldn't take it. As soon as 6 she would get that tone with me, I would snap 7 right back at her, and that ended up putting a 8 huge damper on our friendship. 9 Q. Did you have that problem with any other 10 employers? 11 A. Yes. I worked at Sabarro's in the 12 West Farms Mall. I left because of the same 13 reasons. 14 Q. Meaning if your employer raised an issue 15 with you, you would -- 16 A. Leave. 17 Q. -- snap? 18 A. Yes. 19 Q. Who was your immediate supervisor at 20 Sabarro's? 21 A. Eric Rice. 22 Q. Did you have that problem anywhere else? 23 A. Every job I've had, except for one 24 when I was working for Bruce Smith Amusements out 73 1 of Worcester and I was a show supervisor, and 2 there was no one above me. So, I didn't have that 3 problem. I told people what to do. 4 Q. Do you have the problem now with the job 5 that you have? 6 A. Yes. I actually just came back from 7 being unemployed for three weeks -- he accepted me 8 back -- because I raised an attitude with him one 9 of my last days of work there. 10 Q. What occurred then? 11 A. I'm not sure exactly what it was. 12 Either I forgot to do the cooler or there was one 13 specific job that I had forgotten to do and he 14 mentioned it to me, and when he mentioned it to 15 me, I exploded on him. I said, why don't you come 16 do it yourself. He said he would. I left. 17 Q. What's that individual's name? 18 A. Steve Johnson. 19 Q. Have you ever observed the same type of 20 behavior in any of your siblings? 21 A. Yes. 22 Q. Which ones? 23 A. Danny Collins. 24 Q. Did Danny Collins exhibit that behavior 74 1 before March of 2003? 2 A. I'm not sure. I was young. 3 Q. What about your brother Smokey, has he 4 had problems with authority? 5 A. I'm not sure. We don't -- 6 Q. You're not sure? 7 A. We don't talk much. I see him every 8 now and then, but I don't go to work with him. 9 Q. I'm just talking about in general, not 10 specifically relating to work. 11 A. Then yes. I mean -- 12 Q. He has -- 13 A. I can state several instances where 14 he has had problems with authority. 15 Q. Did he have problems with authority 16 before March of 2003? 17 A. I'm not sure. I was young. I didn't 18 really hang out with all the kids. I was very 19 young. They were all older than me. 20 Q. Well, you were, at the time of the 21 incident, you were fourteen, correct? 22 A. Yes. 23 Q. You indicated that you were already 24 engaging in sexual relations with someone? 75 1 A. Right after. That was probably six 2 to eight months after the raid. 3 Q. But you don't have any knowledge of your 4 brother Smokey's problems with authority, if any? 5 A. No. I didn't go out with him. 6 Q. Did he live in the house? 7 A. He was at college. 8 Q. Is he who you were visiting in Worcester 9 when you got pulled over? 10 A. No. 11 Q. What were you doing in Worcester? 12 A. Coming home from work. 13 Q. Is there some strain on your present 14 relationship with Smokey? 15 A. No. 16 Q. You just don't hang out with him or see 17 him frequently? 18 A. No. We both have full time jobs. 19 Q. Does he live in Maine as well? 20 A. Yes, he does. 21 Q. Does he live in the home -- 22 A. No. 23 Q. -- that you're in? 24 A. No. 76 1 Q. Where does he live? 2 A. In Glenburn. 3 Q. Did any of your other siblings have any 4 problems with authority other than -- 5 A. I'm not sure. 6 Q. What about Star? 7 A. I'm not sure. 8 Q. What about -- 9 A. Star's very special, as they put it 10 yesterday. I don't really have much to say about 11 her. I don't talk to her. She does her own 12 thing. 13 Q. You had testified about an incident that 14 required you to call the police because your brother 15 Danny and your brother Smokey had gotten into some 16 kind of an argument? 17 A. Yes. 18 Q. Can you tell me to the best of your 19 memory what you recall about that? 20 A. I recall -- I'm not sure which 21 brother instigated it, but one of the brothers 22 said something to the other brother about how his 23 girlfriend was maybe not that attractive, and the 24 other brother got upset, and they argued back and 77 1 forth and had a brotherly fight. 2 Q. What dos a brotherly fight mean to you? 3 A. Head lock, nuggies, maybe a couple 4 punches, but I was young and it scared me and 5 there weren't any -- none of the parents were 6 home. They were -- my brothers were babysitting 7 me, and I got nervous and called the police. 8 Q. What did the police do when they got 9 there? 10 A. Came in, asked what the problem was. 11 The two had already stopped fighting by then. And 12 he just sat there until my parents got home and 13 explained what happened, why he was there. 14 Q. Not a negative interaction with the 15 police? 16 A. No. 17 Q. Not a negative interaction between the 18 police and your mother or father? 19 A. I'm not sure. I wasn't upstairs when 20 they were talking to the police officer. 21 Q. Did you talk to the police officer? 22 A. Briefly. 23 Q. Do you know who the police officer was? 24 A. I did. I don't want to say the wrong 78 1 name. I'm sure -- I know you're going to ask 2 other people anyways and they know. 3 Q. Well, if you know, do you know if it was 4 Kevin Gleason or Ken Fitzgerald? 5 A. I know it was not. 6 Q. Do you know if it was Ken Fitzgerald? 7 A. I know it was not. 8 Q. Do you have a primary health care 9 provider presently? 10 A. I do not. I don't have insurance. 11 Q. Did you have a primary health care 12 provider when you were fourteen years old and living 13 in Holland? 14 A. I'm sure I did, but I don't remember 15 who it would have been. 16 Q. Did you ever seek any kind of medical or 17 psychological or any kind of treatment whatsoever in 18 connection with what occurred on March 27, 2003, or 19 thereafter? 20 A. My guidance counselor. 21 Q. I'm talking about medical, psychological. 22 Is your guidance counselor a psychologist? 23 A. Yes, he is. 24 Q. Is he a -- 79 1 A. Psychiatrist. 2 Q. He is a psychiatrist? 3 A. Yes. 4 Q. So, is it your testimony that when you 5 saw him, you were seeking psychiatric care? 6 A. Yes. 7 MS. PELLETIER: Counsel, again, we 8 don't have any records, is that correct? 9 MS. O'NEIL-BAKER: Nope. 10 Q. (By Ms. Pelletier) Did you see him as a 11 guidance counselor in school or did you see him 12 independently as a psychiatrist? 13 A. He had an open door policy. It was 14 any time I needed to come down and talk, I came 15 down and talked to him as my guidance counselor. 16 Q. Did you talk about things other than the 17 issues you were having with authority that you related 18 to the March, 2003, incident? 19 A. No. Mostly I talked to him about the 20 raid, about how it made me feel, and he was trying 21 to help me come out of what I was in. I was like 22 very locked into myself and I didn't talk to many 23 people about it. I didn't -- it was very, very 24 hard for me when it happened. 80 1 If someone was to come up to me, and 2 I've already noted they would say that my father's 3 a drug dealer, my first impulse would be to swing 4 on them. It happened. And whenever that would 5 happen, I would have to go down and talk to the 6 guidance counselor and talk to the principal and 7 deal with my disciplinary measures and whatnot. 8 And my guidance counselor told me, 9 instead of hitting the kid, come down and talk to 10 him. He has always had an open door. So, I would 11 go down there and explain to him how I was feeling 12 that day, what was going on. He'd ask me what was 13 going on with the court case, how that was making 14 me feel. 15 Q. You were not arrested or charged with 16 anything, correct? 17 A. No. Yes. No, I was not charged. 18 There we go. 19 Q. Do you have any appointments with anyone 20 in the future with respect to the psychological 21 injuries you claim you suffered? 22 A. No. 23 Q. So, to date, you've had no care or 24 treatment by a health care professional other than 81 1 going to the guidance counselor in your school, 2 correct? 3 A. Correct. 4 Q. And you have no plans to do so in the 5 future, correct? 6 A. Correct. 7 Q. Are you presently taking any prescription 8 medication? 9 A. No. I don't take any medications. 10 Q. As of March of 2003, were you taking 11 medication? 12 A. No. 13 Q. What did you do to prepare for the depo 14 today other than sitting in the two depositions 15 yesterday? 16 A. What did I do today -- 17 Q. What did you do -- 18 A. -- or what did I do -- 19 Q. -- in order to prepare. 20 A. I spoke with my attorney and I spoke 21 to my parents. 22 Q. Did you review any documents? 23 A. No. 24 Q. Have you helped your mother look for the 82 1 box that she claims she has with documents that relate 2 to this case? 3 A. No. 4 Q. Has she ever asked you to? 5 A. I'm never home. I work a full-time 6 job and I have a full-time girlfriend. 7 Q. As opposed to a part-time girlfriend? 8 A. You could have two part-time 9 girlfriends. Off the record. Two part-time 10 girlfriends is okay. Don't tell her I said that. 11 MS. PELLETIER: I don't have any 12 further questions. Again, I'm going to reserve 13 based on the issues discussed previously with 14 respect to outstanding discovery. 15 MS. O'NEIL-BAKER: Okay. 16 (Witness excused) 17 (Deposition suspended) 18 19 20 21 22 23 24 83 1 UNITED STATES DISTRICT COURT 2 FOR THE DISTRICT OF MASSACHUSETTS 3 4 I, ROXANNE C. COSTIGAN, a Notary Public in and for the Commonwealth of Massachusetts, do certify 5 that pursuant to notice, there came before me on May 1, 2008, at the offices of ROBINSON DONOVAN, P.C., 6 1500 Main Street, Suite 1600, Springfield, MA, the following named person, to wit: COUGAR BUNN, who was 7 by me duly sworn to testify to the truth and nothing but the truth as to his knowledge touching and 8 concerning the matters in controversy in this cause; that he was thereupon examined upon his oath and said 9 examination reduced to writing by me; and that the deposition is a true record of the testimony given by 10 the witness, to the best of my knowledge and ability. 11 I further certify that I am not a relative or employee of counsel or attorney for any of the 12 parties, or a relative or employee of such parties, nor am I financially interested in the outcome of the 13 action. 14 WITNESS MY HAND, this 13th day of May, 2008. 15 16 ___________________________ Roxanne C. Costigan 17 18 My Commission expires: July 16, 2010 19 20 21 22 23 24 84 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 COUGAR 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: May 1, 2008 24 rcc