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: CHRISTENA DODGE 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: Jamie Dodge 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 Christena Dodge 4 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 CHRISTENA DODGE, the Deponent, having been 13 first duly sworn and identified by production of her 14 driver's license, deposes and says as follows: 15 16 DIRECT EXAMINATION BY MS. PELLETIER: 17 Q. Can you state your name and present 18 residential address, please? 19 A. Christena Dodge. I live at 28 Front 20 Street in Brownville, Maine. 21 Q. You were here when your brother was 22 deposed this morning, correct? 23 A. Correct. 24 Q. So, you understand the process that we're 5 1 going to go through, correct? 2 A. Yes. Correct. 3 Q. Are you presently taking any medication? 4 A. Yes. 5 Q. What are you taking? 6 A. I take Reglan. 7 Q. Say it again. 8 A. Reglan. 9 Q. Reglan? 10 A. Yeah. It's R E G L A N. 11 Q. For? 12 A. For my stomach disorder. I also take 13 Ativan, Prevacid, and my doctor just gave me 14 Buspar. 15 Q. What's the stomach disorder? 16 A. It's called a psychotropic vomiting 17 disease due to PSTD. 18 Q. When were you diagnosed with that? 19 A. Actually, the diagnosis was just 20 recent. I've been going to the hospital for about 21 four years and they couldn't figure out what was 22 wrong with me until I went to my primary care 23 doctor and she found out. 24 Q. Is it your allegation that the PSTD is 6 1 related to the events which occurred in Holland in 2 March of 2003? 3 A. Yes. 4 MS. PELLETIER: Counsel, for the 5 record, we don't have any medical documentation 6 regarding Christena Dodge, is that correct? 7 MS. O'NEIL-BAKER: No records. 8 MS. PELLETIER: No anything, no 9 bills, no records, no documents? 10 MS. O'NEIL-BAKER: Right. 11 MS. PELLETIER: Correct? 12 MS. O'NEIL-BAKER: Correct. 13 Q. (By Ms. Pelletier) What's the name of 14 the doctor that diagnosed you? 15 A. Karen Nichols. 16 Q. Where is she located? 17 A. Milo Family Practice in Milo, Maine. 18 Q. What are the symptoms of the stomach 19 ailment? 20 A. I throw up for thirty to forty days 21 at a time. I can't eat. I can't drink. I can't 22 sleep. I'm in pain. I cry. 23 Q. What kind of doctor is Karen Nichols? 24 A. She's a -- she's actually a PA. She 7 1 works under Dr. Lemquist which is the actual 2 Ph.D., Doctor. 3 Q. You also indicated that you take Ativan? 4 A. Yes. 5 Q. What do you take that for? 6 A. For the stomach disorder. Everything 7 is for my stomach disorder that I take medication 8 for. 9 Q. Other than the stomach disorder, do you 10 have any other disabilities, medical problems? 11 A. Metal plates and screws in my right 12 hip. 13 Q. Those are as a result of what? 14 A. Car accident. 15 Q. When did the car accident happen? 16 A. '97, October 26, 1997. 17 Q. What happened? 18 A. I got into a fight with a tree and 19 the tree won. 20 Q. Single vehicle accident? 21 A. No. My friend was driving. 22 Q. But it was one vehicle? 23 A. Oh, yeah. Yeah. Yup. 24 Q. As of March of 2003, had you applied for 8 1 or obtained any kind of disability? 2 A. I've been applying for disability. 3 I've been denied three times. And I'm going 4 through the appeal process right now. 5 Q. When did you first apply for disability? 6 A. When I was pregnant with my first 7 son, 2000. 8 Q. The first son is Justice or Phoenix? 9 A. Phoenix. 10 Q. What is the disability you were claiming? 11 A. It was because of my hip. 12 Q. Did you have counsel? Did you have a 13 lawyer? 14 A. No. I don't have a lawyer still. 15 Q. When were you -- when did you apply the 16 next time? 17 A. 2004, when we moved to Lewiston. 18 Q. What was the basis for your claim at that 19 point? 20 A. My stomach disorder and my hip. 21 Q. You were denied again? 22 A. Yes. 23 Q. When was the next time? 24 A. I just recently applied, 2007, and I 9 1 was denied in April. 2 Q. This is Social Security Disability? 3 A. Yes. And I'm going through Allies 4 Incorporation in Dover-Foxcroft, and they provide 5 you lawyers for the appeal process. 6 Q. You seem to be uncomfortable and -- 7 A. My -- I've been throwing up for five 8 days. 9 Q. If you need to take a break for any 10 reason, let me know. Is there pain involved or -- 11 just so I can get this record. You're moving around 12 in your chair. 13 A. My back really hurts. Like when I 14 puke like this, I can't eat or drink. So, it 15 affects my entire body. 16 Q. Okay. You've had quite a bit of water 17 today while you've been here. 18 A. I know. I've been -- I threw up 19 quite a bit this morning. 20 Q. Okay. Again, if you need to take a 21 break, if you want to stand up, sit down, whatever 22 makes you more comfortable, feel free to do that. 23 Even while I'm questioning you, if you're more 24 comfortable standing up, feel free to do so. 10 1 A. Okay. 2 Q. If you need to take a break to go to the 3 ladies' room or whatever, just let me know. We can do 4 that, okay? 5 A. Okay. 6 Q. Does any of the medication that you have 7 testified that you take affect your ability to answer 8 my questions? 9 A. No. 10 Q. Is the most recent application for 11 disability based on your stomach disorder and your 12 hip? 13 A. Yes. 14 Q. Did you apply before you received the 15 diagnosis that you described? 16 A. No. Yes, I did. The first time I 17 applied, it was before the diagnosis. 18 Q. I'm talking about the -- 19 A. Well, the second time. 20 Q. -- most recent. 21 A. The most recent, no. I had already 22 had the diagnosis at that point. 23 Q. When were you first diagnosed with post 24 traumatic stress disorder? 11 1 A. The psychotropic vomiting disorder -- 2 Q. Well, did you -- 3 A. Everything was diagnosed together. 4 They couldn't figure out what was wrong with me. 5 For like four years, they couldn't figure out what 6 was wrong with me. I did testing and they didn't 7 know what was wrong with me. And then my doctor 8 figured out what was wrong with me. 9 Q. So, the post traumatic stress disorder is 10 associated with the diagnosis relating to the stomach 11 ailment? 12 A. Yes. 13 Q. When did you first exhibit the symptoms 14 of the, what you're calling the stomach disorder? 15 A. Right after I moved to Lewiston after 16 I was served with an arrest from the raid. 17 Q. So, that's in November, 2004? 18 A. Yes. 19 Q. So, between March of 2004 and November, 20 2004, you didn't have that problem? 21 A. No, not that I can recall. 22 Q. How far did you go in school? 23 A. Ninth grade. 24 Q. Why did you leave? 12 1 A. Because school wasn't my thing. I 2 got a job full-time job instead. 3 Q. How old were you? 4 A. Sixteen. 5 Q. What was your job? 6 A. I worked at Dunkin' Donuts in 7 Stafford. 8 Q. Your husband Jamie's here today, is that 9 correct? 10 A. Yes. 11 Q. When were you married? 12 A. I'm sorry. What? 13 Q. When were you married? 14 A. June 30, 2001. 15 Q. Is that your only marriage? 16 A. Yes. 17 Q. You have two children? 18 A. Yes. 19 Q. Names and dates of birth, please? 20 A. Phoenix Lee Dodge was born on 21 12/14/01 -- no, '00. And Justice was born 22 10/6/02. 23 Q. So, Phoenix was born before you and Jamie 24 got married? 13 1 A. Yes. 2 Q. Jamie's the father of both children? 3 A. Yes. 4 Q. Do you have any other children? 5 A. No. 6 Q. Were you employed as of March of 2003? 7 A. Yes. 8 Q. What was your employment? 9 A. I was working at Roy Rogers in 10 Sturbridge, Massachusetts. 11 Q. Was Jamie employed at that time? 12 A. I don't remember. 13 Q. What were the day-care arrangements for 14 your children? 15 A. My husband watched my kids or my 16 parents. 17 Q. Your mother testified that everyone that 18 was working was working second shift as of March of 19 2003 and that's why no one was awake when the police 20 came at eight o'clock in the morning. Is that 21 accurate? 22 A. Yes. 23 Q. So, you worked second shift at Roy 24 Rogers? 14 1 A. Yeah. 2 Q. What were the hours? 3 A. Oh, it was like two to nine or two to 4 ten, whatever. 5 Q. How about your husband, if he was 6 working, do you have any memory of where he would have 7 been working? 8 A. I don't know. I don't remember. 9 Q. Do you recall the state of your father's 10 health as of that time, March of 2003? 11 A. He was very ill. 12 Q. Do you remember what the problem was? 13 A. He had diverticulitis. 14 Q. As of March of 2003, did you know about 15 your father's activism with respect to the 16 legalization of marijuana? 17 A. Yes. 18 Q. How did you know about it? 19 A. He never -- he didn't lie to us about 20 anything. He -- he always told us the truth of 21 about everything. 22 Q. Your brother Cougar testified that he was 23 not aware of your father's activism until he was 24 arrested in Connecticut. Are you aware of that? 15 1 A. No. 2 Q. So, it was open discussion in your 3 household as far as you're concerned that your father 4 was an activist for legalization of marijuana? 5 A. Mm-hmm. 6 Q. That's yes, for the record? 7 A. Yes. 8 Q. Okay. 9 A. Sorry. 10 Q. That's okay. We'll remind you. It will 11 happen. 12 Was it known outside of your home that 13 your father was an activist for legalization of 14 marijuana? 15 A. Not so much. 16 Q. When did it become known outside of your 17 home? 18 A. After he got arrested in Connecticut. 19 Q. After he got arrested in Connecticut? 20 A. Mm-hmm. 21 Q. Yes, for the record? 22 A. Yes. 23 Q. Do you have a recollection as to when 24 that was? 16 1 A. No. I don't remember exactly. I 2 remember I went to court with him, but I don't 3 remember exactly when it was. 4 Q. What happened in court in Connecticut? 5 A. They told him that they wished him 6 the best in changing the laws and they dropped the 7 case. They recognized him as a medical marijuana 8 patient and let him go. 9 Q. To your knowledge, had your father been 10 arrested prior to that for any reason? 11 A. No, I don't think so. I don't -- not 12 that I know, no. 13 Q. How about after other than in connection 14 with the incidents in Holland? 15 A. I think he was arrested in Florida, 16 but he was dismissed. The charges were dismissed, 17 and they allowed him to come home. 18 Q. What was that arrest in connection with? 19 A. I think he got in trouble for smoking 20 a joint on a boat. They don't usually like that 21 too much, I guess. 22 Q. Do you have any recollection as to when 23 that was? 24 A. Oh, no. I don't remember. I wasn't 17 1 living with him at that time. 2 Q. Was it before or after March of 2003? 3 A. It was after March of 2003. 4 Q. Did you continue to work at Roy Rogers up 5 until you left the state of Massachusetts? 6 A. No. I got fired. After the raid, I 7 was fired. 8 Q. How long after? 9 A. Very shortly after. 10 Q. Were you -- 11 A. Probably a week, maybe. 12 Q. Were you given a reason? 13 A. They told me that it was because of 14 what happened at our house, we were connected with 15 drug dealers, and they didn't want that kind of 16 business. 17 Q. Who told you that? 18 A. My boss. 19 Q. What was your boss's name? 20 A. Sue. I don't remember what her last 21 name was. 22 Q. So, is it your allegation in this case 23 that you lost your employment as a result of what 24 occurred on March 27, 2003? 18 1 A. Yes. 2 MS. PELLETIER: Counsel, for the 3 record, we haven't received any documentation 4 relating to wages or taxes or employment, 5 correct? 6 MS. O'NEIL-BAKER: Correct. 7 Q. (By Ms. Pelletier) What was your next 8 job after that? 9 A. I don't think I had another job after 10 that until I moved to Lewiston, and then I worked 11 at Dunkin' Donuts, and I got fired from there due 12 to my illness. 13 Q. So, between March of 2003 and November, 14 2004, you were unemployed? 15 A. Yes. 16 Q. Did you seek employment? 17 A. Did I look for a job? 18 Q. Yes. 19 A. Yes. 20 Q. Were you offered positions? 21 A. No. 22 Q. What was the job Dunkin' Donuts fired 23 you, you said, because of your stomach illness? 24 A. Because I missed too much time. 19 1 Q. Did you have any problems with your 2 employer at Roy Rogers prior to March of 2003? 3 A. No. 4 Q. Did you miss work after March 27 of 2003? 5 A. No. I think I pretty much got canned 6 right after that. Like, I went to work for a 7 couple days and then got fired. 8 Q. The incident occurred at eight o'clock in 9 the morning of March 27, 2003, correct? 10 A. Right. That's correct. 11 Q. Did you go to work that day at two 12 o'clock? 13 A. No. No. I think I had the day off. 14 Actually didn't work that day. 15 Q. Between the Dunkin' Donuts job that you 16 got fired from after you moved to Lewiston and today, 17 have you been employed at all? 18 A. Yup. I worked at the ACS Call Center 19 in Lewiston, and I quit that job because I was 20 moving. And then when I moved to Hartford with my 21 dad, I worked at Dunkin' Donuts again, and again, 22 I was terminated due to my illness because I 23 missed too many days of work. And after that, no, 24 I haven't had any jobs. 20 1 Q. So, you moved to Lewiston in 2004? 2 A. Yes. 3 Q. And then at some point, you moved to 4 Hartford? 5 A. Yes. 6 Q. With your father? 7 A. Yes. 8 Q. Just your father? 9 A. My father and my mother, my children, 10 my husband, my sister, my brother. 11 Q. When you're referring to Hartford, you're 12 referring to your grandfather's house? 13 A. Yes. 14 Q. Who moved to Lewiston? 15 A. Just me and my husband and my kids 16 and my brother Danny and his girlfriend Sarah. 17 Q. Was there some reason why you picked 18 Lewiston, Maine? 19 A. I didn't care where I went. I 20 couldn't be in the house in Holland, 21 Massachusetts, anymore. I was scared for my 22 children. I was scared for myself. And my 23 brother said -- my brother's girlfriend was 24 originally from Maine, and she said, you want to 21 1 move? And I said, yes, I do. And we left. 2 Q. Why did you move back to Hartford? 3 A. Because I was sick and I couldn't 4 take care of myself anymore. 5 Q. Then did you move from Hartford back to 6 Maine when the whole family moved back up there? 7 A. Yes. 8 Q. Had you had any interaction with any law 9 enforcement officer prior to March 27 -- 10 A. No. 11 Q. -- 2003? 12 A. No. 13 Q. None whatsoever? 14 A. No. 15 Q. Had you had any interaction with any 16 member of the Holland Police Department at any time 17 before March 27, 2003? 18 A. Yes. December 23rd -- no. Christmas 19 Eve, December 24th, me and my husband went for a 20 ride to go to the store and we were pulled over by 21 the Holland police and my husband had no shirt and 22 shoes on. It was snowing out. They asked us to 23 get out of the car. We asked them why. They said 24 because the car smelled like marijuana. 22 1 We got out of the car. They searched 2 me. They served my husband. They didn't find 3 anything. They didn't find anything in the car. 4 They arrested my husband because he had movies 5 due, supposedly. So, they took him to jail 6 because of that. 7 My mom called and they said, do you 8 know that -- do you know why. And she said, why? 9 And they said, because your car smelled like 10 marijuana and we believe that your children were 11 smoking marijuana in the car. 12 And she said, no, that is not the 13 case. My husband is a medical marijuana smoker. 14 He smoked out in the car earlier because it was 15 raining or snowing. And they posted bail and they 16 let him go and we -- then he came home. 17 Q. That was in December of what year? 18 A. 2000 -- was it 2003, right before the 19 year changes? No. 2002, because it was right 20 before the year changed. 21 Q. So, I'm sorry. Why did you say the car 22 was pulled over in the first place? 23 A. I don't remember exactly why we got 24 pulled over in the first place. I think he said 23 1 there was a headlight out or something like that. 2 Break light, taillight, something like that. 3 Q. What vehicle were you driving? 4 A. My parents' mini van. They had sent 5 us to the store to get them cigarettes or 6 something, get my mom cigarettes or something like 7 that. 8 Q. Did you smell the odor of marijuana in 9 the vehicle when you got in it? 10 A. No. 11 Q. Did you know what it smelled like? 12 A. No. 13 Q. So, were you present when your mother had 14 this conversation with the Holland police officer? 15 A. Yes. Yes. 16 Q. What was her demeanor when she had this 17 conversation? 18 A. She was fine. She was, you know, 19 they said, we believe that your children have been 20 smoking marijuana in the car. And she said, no, 21 that's not the case. My husband's a medical 22 marijuana patient. She didn't flip out or 23 nothing. She was fine. 24 Q. What was the reaction of the Holland 24 1 police? 2 A. They seemed a little surprised that 3 she, you know, came out and said no, but they were 4 fine. 5 Q. Do you know the identity of the Holland 6 police officer? 7 A. No. I don't remember who -- I 8 remember that the lady, the one that brought me 9 home, was a blond female. I don't remember who 10 the arresting officer was. No, I don't. 11 Q. So, there was no negative interaction 12 between you and/or your husband and/or your mother and 13 the Holland police officers as a result of that? 14 A. Nope. 15 Q. Other than that, did you have any other 16 interaction with any member of the Holland Police 17 Department -- 18 A. No. 19 Q. -- before March 27, 2003? 20 A. No. I don't have interactions with 21 police officers as a general rule. 22 Q. Did you ever get pulled over for a ticket 23 or speeding or anything? 24 A. I don't have my license. 25 1 Q. Why is it that you don't have your 2 license? 3 A. Because of my car accident. After I 4 got into my car accident, I broke my hip real bad 5 and I was just really just petrified of the road. 6 And I just never got my license. 7 Q. Are you aware of whether your husband had 8 interaction with police departments prior to March 27 9 of 2003? 10 A. The Holland Police Department? 11 Q. Any police department. 12 A. Oh, yeah. Sure. He's been in 13 trouble quite a bit. 14 Q. Did he have any problems in Holland to 15 your knowledge prior to March 27, 2003? 16 A. No. 17 Q. When was his last interaction with the 18 police prior to March 27, 2003, other than the 19 incident that you just described? 20 A. I have no idea. I was -- I've only 21 been with him since '99. 22 Q. Have you had any -- 23 A. And all his -- all his, you know, 24 problems were prior to our relationship. So, I 26 1 don't know. 2 Q. Do you know what a 209A is? 3 A. No. 4 Q. Did you ever seek any kind of a 5 restraining order against your husband? 6 A. Absolutely not. 7 Q. Are you aware of a restraining order 8 issued against him in 1999? 9 A. No. 10 Q. Are you aware of any restraining orders, 11 charges regarding threatening individuals being made 12 against him in 1999? 13 A. No. 14 Q. How about assault and battery in 1998? 15 A. I only -- I got with him in January 16 of '99, like right at like '99/2000, right there. 17 So, anything prior to that, no, I haven't -- I 18 don't know. 19 Q. Are you aware of him being charged with 20 failure to return leased property in 2000 or 2001? 21 A. Yes. That was a Holland Police 22 Department thing when we got pulled over. That's 23 why they arrested him was because he failed to 24 return videos. 27 1 Q. According to the records that I have, 2 that happened in the summer of 2001, not in the winter 3 when he would have been driving around without a shirt 4 on. 5 A. No. It was -- it was definitely 6 wintertime. It was Christmas Eve, because I 7 remember crying to the police officer how I was 8 going to explain to my son that his daddy was in 9 jail for Christmas. 10 Q. How about him being charged with a 11 fugitive from justice in Connecticut in 2000, are you 12 aware of that? 13 A. Yes, I was. 14 Q. What's -- 15 A. It was right as we were getting 16 together. My mom had just hired him on. He was 17 arrested for fugitive from justice. I bailed him 18 out. We went to court. It was dropped. I got my 19 money back. 20 Q. So, the only interaction with law 21 enforcement that you are aware of that your husband's 22 had since you two got together was this incident 23 involving the vehicle being pulled over? 24 A. Yes. 28 1 Q. And you believe that occurred in December 2 of 2001? 3 A. Yes. 4 Q. I think you're absolutely right. The 5 arraignment was in the summer of 2000. 6 A. Yes. 7 Q. Have you or Jamie had any interaction 8 with the Holland Police Department since March 27, 9 2003? 10 A. Only when they came to check our 11 septic and when they said our dog killed a cat. 12 That's it. 13 Q. Both of those incidents -- when do you 14 say both of those incidents occurred relative to 15 the -- 16 A. I think one was probably the next day 17 after the raid. And the other one was probably 18 like two days or three days after the raid, I'm 19 pretty sure. 20 Q. So, all of your interaction with the 21 Holland Police Department occurred within several days 22 in March of 2003? 23 A. Yes. 24 Q. Why don't you tell me what you recall 29 1 about what occurred on March 27, 2003? 2 A. I was getting up. I had my two and a 3 half year old, my older son in my arms, and we had 4 the dog next to us. I was coming down the hallway 5 because my room was right here at the end of the 6 hallway. So, I was coming down the hallway with 7 Phoenix and the dog, and I was met around the 8 corner by the police department, by the police 9 officer. He had a gun in his hand pointed to my 10 dog's face and he said, if you don't shut that dog 11 up, I'm going to shoot him. I had my young son in 12 my arms. 13 Q. Let me stop you for a second. Do you 14 know the identity of that officer? 15 A. I don't. 16 Q. Can you describe the uniform; in other 17 words, was it a municipal officer, was it a state 18 police officer, was it -- 19 A. No. It was a Holland police officer. 20 Q. Holland police officer? 21 A. Yes. 22 Q. Okay. Describe the person physically, 23 what he looked like. 24 A. He was probably about my height, 30 1 maybe a little bit shorter, short black hair. 2 Q. Which is? 3 A. Oh, I'm five nine. So, he was 4 probably like five seven to five nine, somewhere 5 around there. 6 Q. Okay. 7 A. He had short dark hair. Kind of like 8 a crew cut. Skinny sort of built, older, probably 9 like forty to fifty, I guess, somewhere in there. 10 And then I came around the corner. 11 Met the first police officer. As I was meeting 12 the first police officer, three more police 13 officers came into my home. One of them went down 14 to my husband's room, kicked open my door. 15 My infant son, six months old, was 16 sleeping up against that wall. So, when they 17 pushed the door open, they pushed him across the 18 room in his crib. 19 They went over to my husband, told 20 him to get out of bed. He was naked. They held a 21 gun to his head, told him to get out of bed. They 22 got him out of bed. 23 And then there was a bunch of cops 24 down, like, I couldn't see them, but they were 31 1 down, you know, in the front area, and they came 2 up through, like, we had my bedroom and then a 3 bathroom, then a bathroom, then a door that led to 4 a hallway downstairs. They came up the door to 5 the -- they came up the hallway upstairs with my 6 brother and his girlfriend. They were both in 7 handcuffs. My husband was in handcuffs. I was 8 the only one that wasn't in handcuffs because I 9 had my two young sons. 10 They wouldn't let -- they wouldn't 11 let me change my son's diaper because they said 12 there was a possibility I could have been hiding 13 drugs in his diaper. So, he was screaming for 14 about thirty minutes before one of the police 15 officers escorted me to my bedroom so that I could 16 change my son's diaper. 17 Q. Can I stop you for a second. When you 18 were talking about your bedroom and then you described 19 your husband's bedroom, was that the same room? 20 A. We have the same, yeah, we have the 21 same bedroom. 22 Q. Okay. Did you observe the officer 23 interact with your husband or is this based on what 24 you later learned? 32 1 A. Based on what I later learned. I was 2 in the kitchen with my two sons -- with my one 3 son. 4 Q. I'm going to ask you to tell me about 5 what you actually observed. 6 A. Okay. 7 Q. Because I would have stopped you to ask 8 you to describe that officer and I won't waste your 9 time or my time doing that. 10 A. Right. Okay. 11 Q. So, why don't you tell me just what you 12 observed? 13 A. So, I was in the kitchen with my son, 14 my one son, my older son, and they brought my 15 brother-in-law and his girlfriend up the stairs, 16 put them -- 17 Q. Your brother? 18 A. My brother Danny and his girlfriend 19 Sarah. Brought them up the stairs, put them at 20 the kitchen table. 21 And then my husband came out with two 22 police officers, and he was sat at the kitchen 23 table. 24 Q. So, again, let me stop you for a second. 33 1 Sara's last name is what? 2 A. Lacasse, L A C A S S E. 3 Q. And she was there? 4 A. Yes. 5 MS. PELLETIER: Just for the record, 6 counsel, she has not been identified either in 7 automatic disclosure or any discovery as being 8 a witness to this incident, is that correct? 9 MS. O'NEIL-BAKER: I'd have to look 10 through. I don't recall if it's listed or not. 11 MS. PELLETIER: Well, we'll do that 12 and put it on the record later. 13 Q. (By Ms. Pelletier) Do you know where 14 Miss Lacasse lives? 15 A. Somewhere in Maine, but we don't 16 speak to each other. 17 Q. She lives -- is this the one that you 18 moved to Maine with in the first place? 19 A. Yes. 20 Q. Why don't you speak to each other? 21 A. Her and my brother had a rough 22 break-up and we just separated parted ways. 23 Q. She was cuffed also? 24 A. Yes. 34 1 Q. I'm sorry. So, then your husband was 2 brought into the room. You were not in cuffs? 3 A. Yes, I was the only one that wasn't 4 cuffed. So, I asked them if I could change my 5 son's diaper. They told me no. 6 After he was screaming for thirty 7 minutes, they finally let me change his diaper. 8 They wouldn't let me hold him. I had to put him 9 in, like, I had like a rocking chair kind of thing 10 on the table that they allowed me to put him in. 11 And my other son was made to stand on the floor 12 next to me. 13 I was freaking out. I was a little 14 upset. I didn't know what was going on. 15 Kevin Gleason came in and asked me 16 where my father was. Actually, he said, where's 17 Captain Joint. And I said, he's been in the 18 hospital for two weeks. And his jaw dropped to 19 the floor. He was shocked that my father wasn't 20 present. 21 Within probably ten minutes after 22 they ransacked my house, after they found out my 23 dad was not present, they left. 24 They threatened to call the 35 1 Department of Social Services on me. 2 Q. Did they tell you why? 3 A. Because of the fact that they thought 4 my father was a drug dealer and I was living in 5 the house with my two young sons with a drug 6 dealer. 7 Q. Was there any discussion about the 8 condition of the house? 9 A. No. The house was clean. There was 10 nothing wrong with the house at all except for 11 what they trashed. 12 Q. Let me back up for a second. You just 13 described a conversation that you had with Kevin 14 Gleason. Does that mean you can identify Kevin 15 Gleason? 16 A. Yes. Absolutely. 17 Q. So, the individual that you testified to 18 earlier and described as being five nine, five seven 19 to five nine, short dark hair was not Kevin Gleason? 20 A. No. 21 Q. Kevin Gleason asked you where, quote, 22 unquote, Captain Joint was, which is what your father 23 was known as? 24 A. Yes. 36 1 Q. And advertised himself as? 2 A. Yes. 3 Q. And you responded that he was in the 4 hospital. Did you have any further conversation with 5 Kevin Gleason at that point? 6 A. I told him he'd been in the hospital 7 for two weeks. Like I said, he was pretty 8 shocked. He is also the one that threatened to 9 call the Department of Social Services on me. 10 Q. When you say threatened, can you tell me 11 to the best of your recollection what he said and what 12 you said? 13 A. Basically, he told me that he had the 14 right to call the Department of Social Services on 15 me due to the fact that I was living with a drug 16 dealer with my two young children. 17 And I basically told him to go ahead. 18 He didn't. He didn't end up calling the 19 Department of Social Services. I did. I called 20 myself because I was scared that they were going 21 to take my children away from me. And I told them 22 what had happened. They didn't believe me. They 23 tried to open up a case but it got knocked. It 24 got knocked out. So, no case was opened on me. 37 1 They tried to file -- they tried to get me for 2 neglect, Jamie for neglect, my mother for neglect 3 and my father for neglect. 4 Q. How did that come into effect? 5 A. They sent one lady out -- well, they 6 sent a gentleman out first who said that he didn't 7 believe that there was enough evidence to say that 8 there was neglect in the house. Then -- 9 Q. Do you know the person's name? 10 A. No. No. It was an older guy. 11 Q. Was there any paperwork or documentation? 12 A. Yeah, but I don't know where it is. 13 I gave everything to my mom because I moved twice. 14 So, I don't have anything myself, no. 15 MS. PELLETIER: For the record, 16 counsel, we don't have any of those documents, 17 correct? 18 MS. O'NEIL-BAKER: Correct. 19 Q. (By Ms. Pelletier) Go ahead. 20 A. Then, so, he said he was going to 21 close out the case. Then about, I don't know, two 22 or three months later another a lady came, a 23 Jamaican lady, I can't remember what her name is 24 either, but she came out and she had seen us a 38 1 couple times probably, I don't know, three or four 2 times, and she told me she was going to keep the 3 case open because she thought that there was 4 enough evidence to keep the case open. 5 Well, she came to my house probably 6 every week for about six months before I finally 7 told her I had talked to the supervisor. I had 8 talked to her direct supervisor. I can't remember 9 what her name is either, but I had talked to her 10 direct supervisor, and her direct supervisor told 11 me that there was no reason for her to be on my 12 property. The case had been closed. There was no 13 need for her to come to my house anymore. 14 So, that day, I called her and I 15 said, I spoke to your supervisor. She said that 16 there's no reason for you to come to my house. Do 17 not come back to my house. 18 Well, later on, that day, she came to 19 my house me and my mom and two kids were going 20 somewhere. I don't remember where we were going. 21 She cut me off at the bottom of the driveway and 22 wouldn't let me leave until she saw my kids, saw 23 that they were okay. I told her to leave. She 24 would not leave. 39 1 So, my mom proceeded to swear and 2 yell at her and tell her to get off her property 3 right now or she was going to call the police and 4 have her removed. So, that's -- so, she left. 5 And that was the last time I ever heard of her. 6 Q. Do you have any -- is it your allegation 7 that the actions of the woman that you just described 8 relate in any way to either Kevin Gleason or Ken 9 Fitzgerald? 10 A. No. I think she was just an arrogant 11 moron. 12 Q. Your mother told the woman after March 13 27, 2003, that if she didn't leave, she was going to 14 call the police? 15 A. Yes. 16 Q. Okay. That was the end of your 17 interaction with DSS? 18 A. Yes. 19 Q. Had DSS had involvement in your home at 20 any time before March 27, 2003? 21 A. Yes. Because my sister, my older 22 sister tried to say that my husband raped her 23 daughter when she was in my care. 24 Q. Is that Star? 40 1 A. No. My older sister Heather. Star 2 is my younger sister. 3 Q. Your sister Heather? 4 A. Yes. 5 Q. When did that happen? 6 A. That happened when I was seven months 7 pregnant with my son. I think it was August -- 8 like June, July or August, right around there. 9 Q. What year? 10 A. In 2002 -- or 2001, because I was 11 pregnant. Yeah, 2001. 12 Q. Did you maintain a relationship with 13 Heather and/or Ashley in that time frame? 14 A. I didn't speak to her, and then she 15 started coming around and I was speaking to her, 16 and then after that incident occurred, I 17 absolutely did not speak to her nor -- I don't 18 currently speak to her either. And Ashley, no, I 19 don't have anything to do with him either. 20 Q. So, Heather was -- did they have 21 communication with your mother -- well, your -- 22 Heather's mother is not your mother? 23 A. No. 24 Q. Did Heather have communication with your 41 1 father at or around that time? 2 A. Very brief. My sister has a lot of 3 problems. 4 Q. What kind of problems? 5 A. She has bipolar manic depression, 6 borderline personality disorder, borderline 7 schizophrenia. 8 Q. This is Heather, not Star we're talking 9 about? 10 A. Right. Heather's my older sister. 11 Star is my younger sister. 12 Q. Okay. So, sometime in the summer of 13 2001, Heather alleged that Jamie raped her child? 14 A. Yes. 15 Q. Heather's child? 16 A. Yes. 17 Q. How old was Heather's child? 18 A. She was four or five at the time. I 19 think now she's probably seven or eight or nine, 20 something, somewhere around there. 21 Q. Were the police involved at all -- 22 A. Yes. 23 Q. -- or just the DSS? 24 A. The police were involved. They 42 1 dismissed the charges right away. 2 Q. Okay. So that we just missed that one 3 while we were going through the list of interactions 4 that your husband had -- 5 A. Oh, yeah. Yes. 6 Q. -- with the -- 7 A. Yeah. It was the Holland Police 8 Department, actually. Yeah. But it wasn't the 9 Holland Police Department. The Holland Police 10 Department did, I guess you would call it a 11 deposition with Jamie. 12 She filed the complaint with the 13 Connecticut Department of Social Services and the 14 Connecticut police department because she lived in 15 Connecticut. 16 So, the Holland Police Department 17 didn't arrest him or anything. They just, I guess 18 you could call it a deposition they did. We went 19 down there and he talked to them for like three 20 hours and they dismissed it right away. 21 Q. So, that was again a perfectly positive 22 interaction that you -- 23 A. Yes. 24 Q. -- and Jamie had with the Holland P.D.? 43 1 A. Yes. 2 Q. Was there a worker assigned by DSS to 3 that or was there no case? 4 A. Yes. He was only assigned for, I 5 think he only came to our house one time, and then 6 that was it. The case was closed and that was it. 7 And I can't remember what his name is. I think it 8 was Anthony or something. I think it was Anthony. 9 Q. Okay. Did you have any other involvement 10 by the Department of Social Services with your family 11 home? 12 A. No. 13 Q. What about with respect to Star? 14 A. Star has been in programs since she's 15 been like eleven, but that wasn't -- that wasn't 16 DSS. That was my mom asked the state for help and 17 they told her to put her in a mental institution 18 because she was -- she had issues. 19 Q. When was the last time you saw Star? 20 A. Last year. 21 Q. Do you maintain a relationship with her? 22 A. No. 23 Q. Is she in an in-patient facility now or 24 out, if you know? 44 1 A. I have no idea where she is. 2 Q. Do any of your other siblings have mental 3 health problems besides Star and Heather? 4 A. Star, Heather, Ashley possibly, but 5 other than that, no. 6 Q. Ashley and Heather have the same mother? 7 A. And father, yeah. 8 Q. What about Star? 9 A. Star is Judy's daughter. 10 Q. So, we got different siblings with the 11 same father but different mothers that have mental 12 health issues? 13 A. Yeah. Right. 14 Q. I think we went down the DSS path after 15 you were describing the conversation that you had with 16 Kevin Gleason. 17 Did you have any other conversations with 18 Kevin Gleason on March 27, 2003, other than what 19 you've described? 20 A. No. 21 Q. Did you observe Kevin Gleason 22 participating in any other activities at the home on 23 March 27, 2003? 24 A. Yes. 45 1 Q. What did you observe? 2 A. He went down to my father's room and 3 opened the door, went in, went around the bed and 4 proceeded to tear apart his entire side of his bed 5 and in front of his TV and in the closet and 6 anywhere he could get his hands on. It was him 7 and three other police officers. 8 Q. Were the other police officers Holland 9 police officers if you know? 10 A. No. I don't think -- I think they 11 were probably State Police and AFT or whatever 12 they call it. ATF. 13 Q. Were they wearing something that 14 identified themselves as ATF agents? 15 A. Yes. 16 Q. How did the officers know where your 17 father's room was? 18 A. I don't really know, actually. 19 Q. How did you happen to be there when they 20 went into your father's room? Earlier you had 21 described being in the kitchen with your children. 22 A. Well, I was standing -- once I got my 23 kids situated, I was standing right in the 24 hallway, so I could see everything that was going 46 1 on. 2 They asked me if the door was locked. 3 I said I thought it was locked. They asked me for 4 a key. I said I didn't have a key. It wasn't 5 locked for some reason. They opened the door. 6 Went in. 7 Q. Was it usual that your parents would lock 8 their bedroom door within a family home? 9 A. Yes. 10 Q. Why? 11 A. Because my dad is a medical marijuana 12 patient and he did not smoke marijuana in the 13 house but he did keep it in the house and in his 14 bedroom away from my children so that, you know, 15 my kid was two and a half years old. He was going 16 to, you know, go and touch things that he probably 17 shouldn't have touched and he was going to look 18 for things, you know. He's a kid. And instead of 19 having my child see that, he kept his door locked. 20 Q. Where did he keep the medical marijuana 21 within the room if you know? 22 A. I don't know. I didn't go in his 23 room very often except for when he was sick, I 24 went in there just to give him his medicine and 47 1 stuff like that, but I don't often go into my 2 parents' personal space. 3 Q. But you weren't made aware of where he -- 4 A. No. 5 Q. -- kept the medical marijuana? 6 A. No. 7 Q. Were you aware of the existence of 8 other -- I'm going to use the term pretty broadly -- 9 paraphernalia, screens, pipes, et cetera, being 10 present anywhere in your home? 11 A. I know that there was some clean 12 glass pipes because my mom was thinking about 13 starting up a business with me in Connecticut. 14 So, she had gotten -- she had a bunch of clean 15 pipes that she had, but that's all I know of. 16 Q. Where were those? 17 A. Downstairs in the basement. 18 Q. Did you pay for any of those? 19 A. No. 20 Q. Who paid for them? 21 A. I believe it was the John C. Bunn 22 Trust that paid for them. 23 Q. How do you know that? 24 A. Only because my mom told me. 48 1 Q. What do you know about the John C. Bunn 2 Trust? 3 A. Not very much. 4 Q. What did your mom tell you about it? 5 A. Basically that my grandfather had 6 started the trust so that we could have houses to 7 live in when we -- for life, we had life use of 8 the houses, basically, until my parents passed 9 away, and then that was going to be our will, you 10 know what I mean, or whatever. 11 Q. But she was using money out of that in 12 order to buy glass pipes? 13 A. She was going to be starting a 14 business, yeah. 15 Q. You said we were going to be starting a 16 business, what was -- 17 A. She wanted me to work for her 18 basically, because I have management, I had prior 19 management experience and I had worked with her 20 for five years at Xtra Mart. 21 Q. When did you do that? 22 A. '98 to 2002. 23 Q. Why did you stop working with her? 24 A. Because I got pregnant with my son. 49 1 I was pregnant with my second son, and I was 2 having a hard pregnancy. 3 Q. So, as far as you know, this was your 4 mother's decision to open this business and she was 5 using the money from the trust and she wanted you to 6 come work for her? 7 A. Yes. 8 Q. It wasn't a family business or anything 9 like that? 10 A. I don't know what she discussed with 11 my grandfather prior. All I know is that she 12 wanted me to come work with her. 13 Q. What about the rest of your family 14 members? 15 A. My older brother and sister don't -- 16 they never -- they don't live with us. We don't 17 really have much to do with them. And my brother 18 Smokey was in college at the time. 19 Q. Just for clarification, when you're 20 referring to your older brother and sister, who are 21 you talking to? 22 A. Heather and Ashley. My oldest 23 brother lives in Florida, and so, he wasn't 24 obviously going to be involved. 50 1 Q. Is that somebody other than -- 2 A. Yes. Cosmo. 3 Q. Oh, Cosmo. Right. 4 A. I have a lot of siblings. 5 Q. So, to your knowledge, again, none of 6 your other brothers or sisters were going to 7 participate in this business your mother -- 8 A. No. 9 Q. -- was planning to start, correct? 10 A. Yeah. No. 11 Q. You never gave her any money to use for 12 this business? 13 A. No. No. 14 Q. To your knowledge, none of your brothers 15 and sisters gave her money for use in the business? 16 A. No. 17 Q. Did you personally receive any money from 18 the John C. Bunn Trust? 19 A. No. 20 Q. Did you pitch in for living expenses or 21 anything in the home in Holland? 22 A. I pitched in for maintenance, like, 23 you know, it wasn't rent. It was like I paid for, 24 I gave them a certain amount of money, like, if 51 1 something broke down or if they needed, you know, 2 a new frig or if, you know, they needed help with 3 the yard or whatever, we would pitch in money for 4 that. We paid for our own food and stuff like 5 that. 6 Q. So, you and your husband would pay for 7 the food for you two and the children? 8 A. Yes. 9 Q. There was an addition that was being 10 built on the home -- 11 A. Yes. 12 Q. -- at the time in March of 2003? 13 A. Yes. 14 Q. Was there any paraphernalia or things 15 that were associated with this business that were kept 16 in that addition? 17 A. I don't believe so. 18 Q. Your understanding was that those items 19 were kept in the basement? 20 A. Yes. 21 Q. Were they open or were they -- 22 A. No, they were closed -- 23 Q. -- stored? 24 A. -- and stored in a cabinet, shelves, 52 1 cabinet type deal. My kids weren't allowed to go 2 downstairs in the basement because they were too 3 young. So, anything that was in the basement, you 4 know, it was put away but it wasn't like locked 5 behind closed doors or anything like that. 6 Q. Did you have any pipes or any type of 7 paraphernalia in your room? 8 A. I did, but it wasn't mine. 9 Q. Okay. What was it? 10 A. I had brought my father to the 11 hospital and I -- he asked me to hold on to his 12 tin and his bowl and bring it home and put it in 13 his room. Well, I brought it home and put it in 14 my room because it was late by the time I had 15 gotten home and I figured I would just stick it in 16 my drawer and the next morning I would put it away 17 in his room. And it didn't happen that way 18 because the police got to it first. 19 Q. So, you had been at the hospital the 20 night before? 21 A. Yes. 22 Q. And your father had the tin and the bowl 23 with him at the hospital? 24 A. He keeps everything in his jacket. 53 1 He kept everything in his jacket because he would 2 go for walks or get in the car and go, you know, 3 stay in the car. And so, he has a jacket that he 4 kept everything in, and he asked me to please 5 bring the jacket home and put everything in his 6 bedroom. 7 Well, I brought the jacket home. I 8 took everything out of his pockets and I put it in 9 my drawer and I just threw, you know, I just threw 10 the jacket on the bed because it was late and I 11 was tired and I just wanted to go to bed. So, I 12 stuck it in my drawer next to my nightstand, in my 13 nightstand next to my bed, with the intentions of 14 putting it back away the next morning, and I -- it 15 didn't work out. 16 Q. Okay. So, you will agree with me then 17 that there was in fact a tin that had at least some 18 quantity of marijuana and a bowl that had been used 19 and had some form of resin in it in your room on March 20 27, 2003? 21 A. Yes. 22 Q. It's your testimony it happened to belong 23 to your father, it just happened to be in your room 24 that night? 54 1 A. Yes. 2 Q. You would not argue with the point that 3 the officers did in fact find that in your room? 4 A. Right. 5 Q. Did you ever smoke pot for medicinal 6 purposes? 7 MS. O'NEIL-BAKER: Object to the 8 form of the question. 9 THE WITNESS: No. 10 Q. (By Ms. Pelletier) Or consume it in any 11 fashion for medicinal purposes? 12 A. No. 13 Q. Did you ever consume it for other 14 purposes? 15 A. No. 16 Q. The only person to your knowledge that 17 ever consumed marijuana in any fashion from medicinal 18 purposes or otherwise was your father? 19 A. Yes. 20 Q. Did you ever observe him do it? 21 A. No. 22 Q. So, you've testified that you observed 23 Kevin Gleason and several other officers with some 24 form of ATF identification on them in your father's 55 1 room that the room had not been locked, you didn't 2 give them a key? 3 A. Correct. 4 Q. They went around the room, and what 5 happened next? 6 A. They found -- at first, they just 7 found a fake plant which they thought it was real 8 but it wasn't. And then they found his marijuana. 9 They brought -- they took the 10 marijuana they took all the pipes and everything 11 like that. They took -- 12 Q. Let me stop you for a second. When you 13 say they found the marijuana, did you see this down 14 the hallway through the door? 15 A. No. They brought them, the 16 marijuana, out to the kitchen. 17 Q. Okay. Was it in something? 18 A. It was in a box. 19 Q. Can you describe the box? 20 A. Like a wooden box. 21 Q. Metal? Okay. 22 Approximately how much marijuana did you 23 observe in the box? 24 A. I don't -- they didn't open it. I 56 1 didn't -- they just -- they closed it. Put it on 2 the kitchen. 3 Q. How do you know there was marijuana in 4 it? 5 A. Because they said, we found some. 6 Q. So, you never saw the box open? 7 A. No. 8 Q. You have no idea what the quantity of 9 marijuana was in the box? 10 A. No. 11 Q. Then you said they also had pipes and 12 things. Did they get those out of your father's room? 13 A. They got the pipes from the basement. 14 The clean pipes, they got one pipe out of my 15 bedroom that was my father's, and I'm not sure if 16 they actually got any pipes out of his room. If 17 they did, it was probably in the box, I would 18 assume. 19 Q. They brought those into the kitchen? 20 A. Yes. 21 Q. What happened then? 22 A. After they went -- there was like 23 some cops in my room and there was some cops in my 24 dad's room. Well, when they started to go in my 57 1 room, I went down to the bedroom and they took -- 2 Q. Wait a minute. You went down to your 3 room? 4 A. Yes, because they went down to my 5 room. So, I followed them down to my room. When 6 I got in there -- 7 Q. Let me stop you for a second. Did you 8 tell them before they went in your room that you had 9 brought your father's pipe and tin home? 10 A. No. 11 Q. Why not? 12 A. I don't know. I didn't know what to 13 say. 14 Q. Okay. 15 A. I just kind of didn't know what to 16 do. 17 Q. Okay. 18 A. But when they found the tin and the 19 bowl in my drawer, they put the tin and the bowl 20 inside of my son's crib and took pictures of it, 21 making it look like they would have found the pot 22 inside of my son's crib which is not the case. 23 They found it in my nightstand next to my bed. 24 Q. Okay. Who's they? 58 1 A. The police officers. 2 Q. Was it Kevin Gleason? 3 A. No. Kevin Gleason was in my father's 4 room. 5 Q. Okay. So, what you just described 6 occurring in your bedroom was neither Kevin Gleason 7 nor Ken Fitzgerald? 8 A. No, it was Ken Fitzgerald. Not Kevin 9 Gleason. 10 Q. Ken Fitzgerald was in your room? 11 A. Yes. 12 Q. Can you tell me what Ken Fitzgerald looks 13 like? 14 A. He's tall. I think he's got darker 15 hair. He's taller than me by a lot. I can't 16 remember if he has glasses or not. 17 Q. How did you know it was Ken Fitzgerald? 18 A. Because I saw his badge. He also 19 took a toy out of my son's hand and made him cry, 20 because he said the toy was too loud. And, you 21 know, I really wish I could remember the name of 22 the police officer that was standing right next to 23 him because he said, quote, unquote, what kind of 24 an asshole are you, taking a toy away from a 59 1 child? 2 Q. What kind of uniform was that person 3 wearing? 4 A. He was a state police officer, I 5 believe. 6 Q. You're telling me that this conversation 7 occurred between an officer and Ken Fitzgerald? 8 A. Yes. 9 Q. Okay. Taller than you by a lot? 10 A. Probably, I don't know, six one, six 11 two. 12 Q. Color? 13 A. White. 14 Q. Anything else you can say to describe 15 him? 16 A. Not really. It was -- there was a -- 17 the only thing I remember is I definitely saw his 18 badge and I definitely remember he's taller than 19 me and I definitely remember he had darker hair. 20 Q. Your testimony is his name was on his 21 badge? 22 A. Yeah. 23 Q. When you say his badge, you're talking 24 about his shield? 60 1 A. Yeah. 2 Q. During any of this, did you tell these 3 officers that it wasn't your pot or your -- 4 A. Yes, I did. 5 Q. -- bowl? 6 When did you do that? 7 A. After they found it. I told them 8 that it wasn't mine, it belonged to my father. 9 They didn't really seem to believe me. 10 Q. Did either one of them, any of them say 11 anything to you when you said that to them? 12 A. No. 13 Q. Then what happened? 14 A. Shortly after that, they collected 15 what they had found and they left. 16 Q. So, approximately how long were they in 17 the home? 18 A. I don't know. Probably about a half 19 hour. 20 Q. From beginning to end? 21 A. From beginning to end. They also -- 22 I don't remember the exact police officers that 23 did it, but I had a dog that was a little crazy, I 24 guess, and we weren't supposed to let him outside 61 1 because he was a little, you know, he was a little 2 temperamental, and I told the cops that they 3 couldn't let the dog out because I wouldn't be 4 able to chase the dog because I had metal plates 5 and screws in my hip, and they pretty much laughed 6 at me, opened up the door and let the dog out 7 anyways, and I was trying to get the dog, and they 8 basically were making fun of my disability because 9 I couldn't catch my own dog. 10 Q. You can't identify -- it was not Kevin 11 Gleason? 12 A. No. 13 Q. And it wasn't Ken Fitzgerald? 14 A. No. 15 Q. What kind of problems had you had with 16 the dog before then? 17 A. He had a biting problem. He bit 18 people inside of the house. So, we didn't really 19 let him outside of the house. 20 Q. Who did he bite? 21 A. He bit me, my dad, my husband. I 22 think that's it. 23 Q. I'm not sure if you were present when 24 your brother was talking about having to restrain one 62 1 of the dogs from barking because of a complaint made 2 by the neighbor. 3 A. Yes. 4 Q. Was that the same dog? 5 A. Yes. 6 Q. What did you have to do as a result of -- 7 A. We were told that we either had to 8 have the dog debarked or we had to move, but my 9 dad went to a Town Meeting and they had told him 10 that if he got them shock collars, that we would 11 be able to continue to live there. So, he went 12 out and bought them shock collars so that they 13 couldn't bark. 14 Q. How does the shock collar stop them from 15 barking? 16 A. Basically, when they bark, it sends a 17 shock to their system, it shocks their body so 18 they don't -- so they'll stop barking. 19 Q. Was there more than one dog in the house? 20 A. Yes. 21 Q. Did all the dogs have the same problem? 22 A. Yes. 23 Q. How many dogs were there? 24 A. Three. 63 1 Q. Were they related? 2 A. No. 3 Q. Like brothers and sisters? 4 A. No. One was a Dalmatian. One was a 5 sheep dog Shelty. And one is a -- I don't know 6 what kind of dog he is. Mutt. 7 Q. The one that you called your dog, did you 8 refer to it as your dog meaning yours and Jamie's as 9 opposed to a family dog? 10 A. No. He was a family dog. They were 11 all family dogs. I spent the most time with them 12 because I wasn't able to leave my house for a year 13 because of my accident. So, I spent the most time 14 with them. So, I just called him my dog. 15 Q. Did you ever communicate with either one 16 of your parents while the police were at the home? 17 A. Yes. I called my dad at the 18 hospital. 19 Q. What about your mom? 20 A. My mom hadn't been at the hospital 21 yet. She had gone to pick up my grandfather to 22 bring him to the hospital to visit my dad. So, I 23 just called the hospital because that's -- I was 24 only allowed to have one phone call. So, I did 64 1 the best I could. 2 Q. So, that wasn't mentioned when we went 3 through this chronologically. When in the chronology 4 did you call your dad? 5 A. I called my dad probably five or ten 6 minutes after, maybe, probably ten minutes after 7 the police got there, I grabbed the phone and 8 called him. 9 Q. But the police allowed you to make the 10 phone call? 11 A. Yes. They didn't know who I was 12 calling until I said and then they ripped the 13 phone out of my hands. 14 Q. Can you identify who did that? 15 A. It was Kevin Gleason that ripped the 16 phone out of my hands. 17 Q. What did he say? 18 A. He took the phone out of my hands and 19 he got on the phone and he said, who is this? And 20 my dad said, it's Captain Joint. And he said -- I 21 don't remember exactly what else he said. 22 Q. How do you know what your dad said? 23 A. Because we had a speaker phone. Our 24 phone was just really loud, so you could just hear 65 1 everything that was going on on either end of the 2 phone. It was just -- that's the kind of phone we 3 had. 4 Q. Okay. So, your dad said it was Captain 5 Joint? 6 A. Yes. 7 Q. And what did Mr. Gleason say, Chief 8 Gleason? 9 A. I don't remember exactly what he 10 said. It was a very short conversation and it 11 ended kind of abruptly. 12 Q. So, you don't remember anything that 13 Chief Gleason said? 14 A. I don't remember exactly what he 15 said, no. I remember I think he said something 16 like, where are you? My dad said, I'm in the 17 hospital. And then that was pretty much it. 18 Q. What had you said to your dad before 19 Chief Gleason took the phone? 20 A. I called him up. I was crying. I 21 said, Daddy, the house is being raided. And he 22 said, what? And I said, Daddy, the house is being 23 raided. What do I do? And he said, don't do 24 anything. Listen to what the cops tell you. Do 66 1 exactly what they say and stay calm. 2 And I couldn't stay calm, but I did 3 exactly what the cops told me to do. 4 Q. Was there -- had you had a problem before 5 that necessitated him telling you that you needed to 6 stay calm or is it just this -- 7 A. Just because I was crying and upset. 8 Q. What happened after the police left? 9 A. After the police left, we started 10 cleaning up as much as we could. My mom called 11 me, because I guess when she got down there, my 12 dad told her the house was being raided and she 13 thought that he was hallucinating because they had 14 him on morphine and, you know, all kinds of other 15 drugs for the surgeries, and he told her, no, the 16 house is being raided. You need to go home. 17 She called me. She said, what 18 happened? I told her what happened. She said, 19 okay. I'll be there as soon as I can. 20 She left my grandfather at the 21 hospital with my father and came home. 22 Q. What happened once your mother got home? 23 A. She was pretty upset. She basically 24 looked around the house and saw that it was a 67 1 wreck. We started cleaning up as much as we 2 could. She went back later and picked up my 3 grandfather and brought him home. And then she 4 came back home later on. And we pretty much just 5 stayed home, locked, we shut all the doors and 6 shut all the windows and just kind of just stayed 7 home. 8 Q. What was your mom's demeanor when she 9 came home? 10 A. When she first came home, I would say 11 that it was -- she was probably shocked. 12 Q. Did that change? 13 A. Yes. It went from shocked to upset. 14 Q. How did she exhibit that? 15 A. Crying, shaking. She was very 16 emotional. 17 Q. Did she say anything? 18 A. She couldn't really get too many 19 words out. She was pretty upset. They had just 20 taken all the money that we had given her for 21 maintenance on the house and paychecks that she 22 had cashed out for me, they took the paychecks. 23 So, she had absolutely no money, and she was 24 pretty upset. 68 1 Q. Did she call your dad back? 2 A. Yes, she did. 3 Q. Did you hear that conversation? 4 A. No. At that point, I was getting the 5 kids taken care of and cleaning up the house and 6 stuff like that. 7 Q. Did you just stay home for the remainder 8 of the evening? 9 A. Yes. 10 Q. What happened the next day? 11 A. The next day, we had our friend Jim 12 Green and our other friend Rob who had come over 13 to check on us, make sure everything was okay. 14 They were going to go see my dad at the hospital. 15 Q. Why were they coming to check on you? 16 A. Just because they were long-time 17 friends and they knew my parents were upset. They 18 knew my mother was upset. They knew my dad was in 19 the hospital. They knew we got raided. 20 Q. How did they know you got raided? 21 A. I think probably one of my brothers 22 told them. 23 Q. The night before? 24 A. The night that it happened. 69 1 Q. What happened to Ms. Lacasse, did she 2 leave, stay overnight or -- 3 A. No, she stayed. She continued to 4 live with us until we moved to Lewiston. 5 Q. So, somebody told Jim Green and Rob what 6 had happened that night and they came over the next 7 morning? 8 A. Yes. 9 Q. Okay. 10 A. They were also going to go see my dad 11 in the hospital because they knew that he was in 12 the hospital sick. Jim came over and Rob came 13 over. For some reason, Rob ended up going to the 14 hospital by himself to see my dad and Jim stayed 15 with us. 16 And at that point, Sally Blaise and 17 the police department came up to our house saying 18 that they needed to check our septic and our 19 toilets, to see if our toilets flushed, even 20 though we had two toilets. Only one of the 21 toilets was broken, but they said they needed to 22 check both of our toilets. 23 My mom was pretty upset and she said, 24 you know, why are you here? How dare you come 70 1 back here after what you put my family through? 2 They said, we need to check your, you 3 know, we need to check your septic and your 4 toilet. 5 And she said, no. Get out of here. 6 At that point, Jim Green pushed her in the kitchen 7 and said, let me deal with this. 8 He went out and said, one of you can 9 come in and one of you can flush the toilet and 10 then you can leave, and one person came in flushed 11 our toilet and they left. They -- 12 Q. Was there any communication between any 13 family member and either Kevin Gleason or Ken 14 Fitzgerald during that -- 15 A. Kevin Gleason was there. I don't 16 remember if he was the one that my mom was 17 screaming at or not. 18 MS. PELLETIER: Counsel, for the 19 record, neither Jim Green nor Rob -- what's his 20 last name? 21 THE WITNESS: Scheiberg. 22 MS. PELLETIER: Scheiberg are named 23 as witnesses or persons having knowledge in 24 automatic disclosure or any discovery 71 1 responses, correct? 2 MS. O'NEIL-BAKER: I think that's 3 correct. 4 Q. (By Ms. Pelletier) Did you have any 5 other interaction with any member of the Holland 6 Police Department for the remainder of that day? 7 A. No. 8 Q. Did you go to work? 9 A. Yes. 10 Q. Did everybody else go to work and go 11 about their regular activities that day? 12 A. I think I was the only one that went 13 to work. My husband stayed home with my kids, and 14 Judy and Danny and the kids, you know, Cougar and 15 all the kids were home. 16 Q. Judy meaning your mother? 17 A. She's not my mother, but yes. 18 Q. I'm sorry. 19 A. She's my stepmother. 20 Q. Correct. What was your next interaction 21 if any with any member of the Holland Police 22 Department? 23 A. I remember that they came up and 24 accused my dog of killing a cat. 72 1 Q. Was this the dog that we referred to 2 earlier when you were talking about my dog, quote, 3 unquote, or a different one? 4 A. My other dog. Our other family dog. 5 Q. Were you present when that happened? 6 A. Yes, I was. 7 Q. Do you know who came to the door if 8 anyone? 9 A. I believe that it was not Kevin 10 Gleason. The other one, Fitzgerald, came and said 11 that a neighbor called and said that our dog had 12 eaten a cat. 13 And Judy said, there's no blood on 14 his jaw. There's no blood in his teeth, but if 15 you want to check him out, you're more than 16 welcome. He said, no, and he left. 17 Q. Was he by himself? 18 A. Yes. 19 Q. Were there any -- was there any other law 20 enforcement personnel anywhere near your house at that 21 time to your knowledge? 22 A. No, I don't believe so. 23 Q. Is it your allegation that no one 24 reported that their animal had been hurt by one of 73 1 your dogs? 2 A. As far as I know, no, nobody reported 3 anything. 4 Q. What are you basing that on? 5 A. I didn't hear anything from anybody. 6 Nobody called us. Cougar had mentioned earlier 7 that he went to a friend's house and the owners 8 weren't there. 9 Q. Did you also hear Cougar say that that 10 individual that he spoke to did in fact say that your 11 dog had hurt a cat? 12 A. No. I wasn't present. I'm assuming 13 he went to that person's house. 14 Q. So, you don't have any knowledge of a 15 conversation that your brother had wherein he was told 16 by an individual that in fact they had reported that 17 your dog had hurt the cat? 18 A. Correct. All I know is that my dog 19 didn't have any blood on his jaws and he wasn't -- 20 he doesn't bite or eat people or things. 21 Q. So, the biting problem you described 22 earlier wasn't the same dog? 23 A. That was the other dog. 24 Q. How do we know which dog allegedly hurt 74 1 the cat? How do you know? 2 A. They told us it was Rocket that -- 3 Q. So, somebody -- 4 A. -- they said -- 5 Q. Somebody specifically identified which of 6 your dogs? 7 A. Yes. Yes. It's pretty easy 8 considering our other dog wasn't allowed out of 9 the house because he did have a biting problem. 10 Q. What about the third dog? 11 A. He was really, really old and he 12 pretty much stayed in the house or in the dog pen. 13 Q. Is it your testimony that the Holland 14 Police Department happened to know the names of the 15 dogs and which dog went by which name? 16 A. No. 17 Q. And chose to make up this story about 18 Rocket? 19 A. Yes, they did know our dogs' names -- 20 Q. Do you -- 21 A. -- because -- 22 Q. If you're allege that they made up this 23 whole story about the cat, do you have any facts to 24 support that? 75 1 A. No . 2 Q. So, your testimony is that Officer 3 Fitzgerald came to the door, indicated that somebody 4 had reported that the dog had bitten a cat, and there 5 was nobody with him, no other police officers around? 6 A. No. 7 Q. And he left? 8 A. Yes. 9 Q. Did you have any other interaction with 10 any other Holland police officers at any time 11 thereafter? 12 A. No. 13 MS. PELLETIER: Do you want to take 14 a break now? I'm sure Rox needs one. 15 MS. O'NEIL-BAKER: Sure. 16 (A recess was taken) 17 MS. PELLETIER: Back on the record. 18 I've been advised that at the lunch break, the 19 deponent was ill. She testified at the 20 beginning of the deposition that she has a 21 substantial medical disorder that causes her to 22 throw up thirty or forty times a day or day, 23 yes? 24 THE WITNESS: (Indicating) 76 1 MS. PELLETIER: You have to answer 2 out loud. 3 THE WITNESS: Yes. I'm sorry. 4 MS. PELLETIER: That she was visibly 5 uncomfortable and ill when she came into the 6 room when her brother was being deposed, and 7 that we've been advised that at lunch she 8 became ill again and is clearly very visibly in 9 a different place than before we went to lunch. 10 That she attempted to get a prescription during 11 the lunch break but was unable to do so. And 12 there is a concern about her ability to 13 continue this deposition and focus and answer 14 questions in an appropriate manner, recognizing 15 that one of the purposes of this deposition is 16 to file a motion for summary judgment. 17 As I'm speaking, the deponent is 18 beginning to well up with tears, and I need to 19 document for the record whether or not the 20 deponent is able to continue with the 21 deposition or whether we will break and begin 22 the deposition of her husband. I need a 23 response initially from the witness. 24 THE WITNESS: I'll keep trying. 77 1 MS. PELLETIER: Off the record. 2 (Off record conference) 3 MS. PELLETIER: For the record, the 4 decision was made that the deponent is going to 5 go rest and we're going to begin the deposition 6 of Jamie Dodge and the deposition will be 7 suspended. 8 (Witness excused) 9 (Deposition suspended) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 78 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 May 1, 2008, at the offices of ROBINSON DONOVAN, P.C., 7 1500 Main Street, Suite 1600, Springfield, MA, the following named person, to wit: CHRISTENA DODGE, who 8 was by me duly sworn to testify to the truth and nothing but the truth as to her knowledge touching 9 and concerning the matters in controversy in this cause; that she was thereupon examined upon her 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 79 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 Christena Dodge 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