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: JAMIE 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 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 Jamie Dodge 4 5 6 7 EXHIBIT PAGE 8 Exhibit 1, Answers to Interrogatories......... 66 9 Exhibit 2, Answers to Interrogatories......... 68 10 Exhibit 3, list............................... 73 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 JAMIE DODGE, the Deponent, having been 13 first duly sworn and identified by production of his 14 driver's license, deposes and says as follows: 15 16 DIRECT EXAMINATION BY MS. PELLETIER: 17 Q. Can you state your name and present 18 residential address? 19 A. Jamie A. Dodge, 28 Front Street. 20 Q. Is your given name James or is Jamie your 21 given name? 22 A. Jamie. 23 Q. Mr. Dodge, you were here during part of 24 the deposition of Cougar Bunn and the deposition of 5 1 your wife's. So, you understand how the process 2 proceeds, correct? 3 A. Yes. 4 Q. Are you presently employed? 5 A. No. 6 Q. When were you last employed? 7 A. Two months ago, I think it was, I 8 worked for Sabarro's pizza company. My 9 brother-in-law Smokey was the manager or 10 co-manager. 11 Q. Cougar testified earlier that he worked 12 at Sabarro's in -- 13 A. That was this West Hartford. 14 MS. O'NEIL-BAKER: Wait for the 15 attorney to complete the question. 16 Q. (By Ms. Pelletier) One of the rules is 17 that we can't speak over each other because the 18 stenographer needs to take down everything that's 19 said. 20 A. Okay. 21 Q. So, if you could wait until I finish 22 speaking, I'll try to wait until you do, okay? 23 A. Okay. 24 Q. Your brother-in-law Cougar testified 6 1 earlier that he had worked in a Sabarro's in West 2 Hartford. Did you ever work for that? 3 A. Not with him, but at that store, yes. 4 Q. Did Smokey work there as well? 5 A. No. 6 Q. Is there some family connection to that 7 restaurant chain? 8 A. Just that my mother-in-law knew Eric 9 Rice and she had talked to him, told him that I 10 needed a job, and he told her to send me down 11 there. 12 Q. What was Eric Rice's relationship to 13 Sabarro's? Was he the manager? 14 A. He was the head manager, yes. 15 Q. How long were you employed there? 16 A. About six or seven months. 17 Q. Why did you leave that job? 18 A. My hours were getting cut and I 19 wasn't making enough money to support my family. 20 So, I left there to go to work for a Wendy's, and 21 then a week later, we moved to Maine. 22 Q. How far did you go in school? 23 A. I got a GED. I went as far as my 24 senior year. 7 1 Q. What school was that? 2 A. Southbridge High. 3 Q. Your date of birth and social security 4 number? 5 A. 3/15/76. My is social is 6 028-56-4477. 7 Q. When you moved to Maine the first time, 8 did you have employment? 9 A. Yes. 10 Q. Where was that? 11 A. Advanced Auto Parts on Lisbon Street 12 in Lewiston. 13 Q. Then you lived in Lewiston for some 14 period of time and then moved back to Connecticut? 15 A. About a year and a half, yes. 16 Q. Were you employed the entire time that 17 you were in Lewiston at Advanced Auto Parts? 18 A. Not the whole time, no. 19 Q. Why did you leave Advanced Auto Parts? 20 A. Again, hour cutbacks. I went from 21 working almost fifty hours a week to working 22 twelve hours a week in about a three week span. 23 Q. Was the reduction in your hours related 24 to you personally or business or -- 8 1 A. Business. 2 Q. The same thing happened -- 3 A. Corporate cutbacks. 4 Q. You have to wait until I finish. The 5 same thing happened at Sabarro's, it was just you, or 6 did everybody get their hours cut? 7 A. It was pretty much everybody that was 8 not full time and didn't have like seniority at 9 the company. 10 Q. Did you work anywhere else in Lewiston 11 before you moved back to Connecticut? 12 A. Not that I can remember. 13 Q. When you moved back to Connecticut, did 14 you have employment in Connecticut? 15 A. Yes, at Sabarro's at the West Farms 16 Mall. 17 Q. Did you work there consistently until you 18 moved back to Maine? 19 A. Pretty much, yes. 20 Q. When you moved back to Maine, did you 21 work at Sabarro's? 22 A. No, not first. It was probably about 23 eight or nine months before I found work once we 24 moved back to Maine. 9 1 Q. What was your source of income during 2 that period of time for your family? 3 A. Welfare, food stamps, TANF, and me 4 trying to keep a full-time job. 5 Q. What was the third thing? 6 A. Trying to -- 7 Q. Welfare, food stamps? 8 A. And TANF. 9 Q. What is TANF? 10 A. It's a supplement for families. Like 11 for an example, I live in Brownville. Bangor is 12 an hour away. It's a fifty mile trip. Every 13 Friday, I get $120 on my welfare card that pays 14 for my gas to be able to travel back and forth to 15 Bangor to cover 500 miles a week. They pay for my 16 uniforms, if I find a job and I need a uniform. 17 They pay for my shoes. 18 Q. Do you know what that stands for, TANF? 19 A. Transitional Aide For Needy Families 20 or something like that. I'm not quite sure. 21 Q. I'm sorry. You're presently working at 22 Sabarro's with Smokey or you were? 23 A. No, I'm not. I was. 24 Q. Why did you stop working there? 10 1 A. Me and Smokey got into a big argument 2 because he borrowed my car the night before I was 3 scheduled to go to work. He drained all my gas. 4 And when I had no way to get to work, he fired me. 5 Nice brother-in-law. 6 Q. That was two months ago? 7 A. That was about two or three months 8 ago, yeah, maybe a little bit longer, give or take 9 a week or two in either direction. 10 Q. Prior to March 27 of 2003, you had had 11 some interaction with various law enforcement 12 officers, is that correct? 13 A. Yes. 14 Q. Had you had any involvement with the 15 Holland Police Department before March 27, 2003? 16 A. No. 17 Q. Do you have any recollection as to when 18 the last involvement that you had had with any police 19 department was before March 27, 2003? 20 A. I believe it was May of 1999. I had 21 gotten in an argument with my ex-wife, and the 22 ending result was I got sentenced to nine months, 23 and I was incarcerated until January 7th or 24 January 11th of 2000. 11 1 Q. For the record, you're presently married 2 to Christena Dodge, correct? 3 A. Yes. 4 Q. And you have two children, Phoenix and 5 Justice? 6 A. Yes. 7 Q. And you were previously married to whom? 8 A. Lisa. Her last name was Barsaleau, B 9 A R S A L E A U. I was married for about six 10 months. 11 Q. Can you tell me the time frame? 12 A. I believe it was from May of '94 13 until around '95 or -- '95 to '96. I don't 14 exactly remember which. It was brief, didn't even 15 last six months. 16 Q. Did you have any children with 17 Ms. Barsaleau? 18 A. No. 19 Q. Did you have any children with anyone 20 other than Justice and Phoenix? 21 A. No. They are my only two children. 22 Q. You indicated that in May of 1999, you 23 had an argument with your ex-wife. What state was 24 that in? 12 1 A. Massachusetts. 2 Q. What were you charged with? 3 A. Violation of a restraining order, and 4 I believe that was it. I don't exactly remember. 5 Q. You were sentenced to nine months? 6 A. Yes. 7 Q. Where did you serve? 8 A. Worcester House of Corrections in 9 West Boylston. My ID number for there was 14164, 10 I believe. 11 Q. You were here when your wife testified 12 about an incident where you and she were driving in 13 the family vehicle and were pulled over in Holland. 14 Do you recall that? 15 A. Yes. 16 Q. Do you have any independent recollection 17 as to when that happened? 18 A. I don't remember when exactly, dates, 19 but I know it was right before Christmas because 20 they weren't going to give me bail for Christmas 21 until a bail bondsman actually jumped on their 22 butt and said, look, non returned videotapes. 23 Give the guy a $25 bail and send him home for 24 Christmas. 13 1 Q. That occurred before or after March of 2 2003? 3 A. Before, I believe. 4 Q. So, you did have some interaction with 5 the Holland Police Department before March of 2003? 6 A. I think it was before 2003. I don't 7 remember the exact date. All I remember is I got 8 pulled over. They handcuffed me. They didn't 9 read me my rights. And they made me stand in 10 about a foot and a half of snow, barefoot, with no 11 shirt. 12 Q. At some point on Christmas Eve, you left 13 the family home with no shoes and no shirt? 14 A. Mm-hmm. 15 Q. That's yes, for the record? 16 A. Yes. 17 Q. And let's just start with why you did 18 that? 19 A. I am a nature guy. I walk around all 20 year round barefoot, no shirt. I shovel with no 21 shirt. My profession is landscaping. I've done 22 it for sixteen years. So, I'm accustomed to being 23 around with no shirt all year round. 24 Q. So, you and your wife leave in the family 14 1 vehicle and you get pulled over, correct -- 2 A. Yes. 3 Q. -- by a Holland police officer? 4 A. Yes. 5 Q. Do you know who it was? 6 A. I don't remember. 7 Q. Tell me what you recall about the 8 incident. 9 A. I remember him pulling me over. I 10 remember him saying that the van smells like 11 marijuana. He asked me to step out of the van. 12 At which point, I asked him if I was under arrest. 13 He said no. 14 I stepped out of the van. As soon as 15 I stepped out of the van, he placed me in 16 handcuffs, made me stand behind the van in a 17 snowbank, barefoot, for about five or ten minutes 18 until he talked to my wife. 19 Then he sat me in the back of the 20 police car. Then he called for a female officer 21 to search my wife. Then they searched the back of 22 the van. And that was the last thing I remember 23 because they brought my wife home shortly after 24 that with the female officer. 15 1 Q. Do you have any idea what marijuana 2 smells like? 3 A. I have friends that have smoked it on 4 occasion. 5 Q. Did the vehicle smell -- 6 A. Not to my knowledge, no. I jumped 7 in. The van didn't smell at all. I just drove 8 right straight to the store, got what I had, and I 9 had just pulled out of the parking lot of the 10 store and got maybe 100 feet. 11 Q. You hadn't had any interaction or 12 problems with the Holland Police Department before 13 that, correct? 14 A. Correct. 15 Q. Are you suggesting that there was 16 something wrong in the manner in which you were 17 treated with respect to that incident? 18 A. Yes. 19 Q. But you haven't brought any claim in 20 connection with that, correct? 21 A. No. 22 Q. Why not? 23 A. Because he didn't formally announce I 24 was under arrest when he didn't read my rights and 16 1 put me in the cruiser and they didn't read me my 2 rights until they brought me to the police 3 department. So, they didn't read me my rights 4 when I got pulled over and was handcuffed but they 5 did read my rights when I made it to the police 6 department during the booking process. 7 Q. Okay. And then someone came and bailed 8 you out? 9 A. I believe it was my mother-in-law 10 that came and bailed me out. I'm not sure. I was 11 in the jail cell when it happened. 12 Q. So, you didn't overhear the conversation 13 that she had with the police officer? 14 A. No. 15 Q. Approximately how long were you in? 16 A. Maybe two, three hours, tops. 17 Q. Other than that incident, did you have 18 any other interaction with any Holland police officer 19 before March 27 of 2003? 20 A. Not that I can remember. 21 Q. Did you know about David Bunn's activism 22 with respect to marijuana before you moved into the 23 family home? 24 A. Very little bit. I'd never heard of 17 1 him or his alias of Captain Joint before I met my 2 daughter. 3 Q. Just to correct you, you mean your wife? 4 A. My wife. Sorry about that. And they 5 pretty much kept it quiet. And then once the raid 6 happened, that's when I found out that he was a 7 medical marijuana patient, he was an activist, and 8 basically everything from there is just history. 9 Q. So, when it was in the paper before the 10 raid, you never saw that? 11 A. I don't read a newspaper. I don't 12 read the news. 13 Q. So, when Cougar testified that he was 14 participating in these rallies with his father before 15 the raid, you didn't know anything about that? 16 A. I didn't attend any like rallies 17 until I believe it was 2004 that I went to my very 18 first one. 19 Q. My question really isn't whether you 20 went, just whether you knew that your father-in-law 21 was actively engaged in these rallies in and about the 22 area that you lived? 23 A. I didn't know about the rallies, but 24 like I said, they didn't exactly tell me that he 18 1 was an activist because it wasn't really any of my 2 business. I had just started to date their 3 daughter. We had just had a child. We had just 4 gotten married. And then we were trying to 5 establish ourselves and the raid had happened. 6 Q. Were you aware that Mr. Bunn was arrested 7 in Connecticut in 2002? 8 A. No, I wasn't. 9 Q. You were married and living with him at 10 the time? 11 A. I don't remember if I was living with 12 them at the time, because when my wife was 13 pregnant, we had an apartment of our own in 14 Southbridge in a place called the Edward Block 15 Apartments. 16 Q. At some point, you left the apartments 17 and you moved in with Judy and David Bunn? 18 A. Yes. And then shortly after that, I 19 had gotten a job. I stayed back and forth between 20 Judy's house and my mother's house which my mother 21 had also at the time was living in Holland 22 Massachusetts on Old County Road. 23 Q. So, you weren't always living where your 24 wife was living? 19 1 A. No. 2 Q. Why is that? 3 A. Because I, even to this day, I still 4 don't get along with my in-laws. I'm the black 5 sheep of the family. I was arrested previously 6 before I met my wife, for domestic and violation 7 of restraining orders. It never really flew with 8 the mother and the father. So, even now, they're 9 still kind of leery about it. I'm still kind of 10 the black sheep, nine years later. 11 Q. The mother you're referring to is 12 actually Judy Bunn? 13 A. Yes. 14 Q. Who is not your wife's mother? 15 A. No. She's her stepmother. 16 Q. Does your wife have a relationship with 17 her mother? 18 A. I heard my wife speak of her mother 19 maybe a half a times and not a single thing was 20 pleasant, and that's if you are speaking about her 21 biological mother. 22 Q. I am. So, when she refers to Mom or 23 Mommy, she's talking about Judy Bunn? 24 A. 98.9 percent of the time, yes, it's 20 1 Judy that she's referring to. 2 Q. How does Judy Bunn exhibit her feelings 3 toward you that you have just described as being the 4 black sheep of the family? 5 A. Well, when we first moved to Maine, 6 it was okay that I didn't have a job because I was 7 manual labor for her, and now that the manual 8 labor part is past and I'm not working, I catch 9 constant grief I don't have a job. It's always my 10 fault that something goes wrong. If something 11 breaks, they call on me to fix it. But unless 12 they really have a use for me sometimes, it's 13 like, okay, whatever. 14 Q. What about when you were living in 15 Massachusetts? We began this discussion because you 16 had testified that sometimes you lived in Judy's house 17 and sometimes you lived with your mother -- 18 A. Yup. 19 Q. -- because of the relationship with your 20 in-laws. 21 A. Yes. 22 Q. So, can you describe the relationship 23 with your in-laws while you lived in Massachusetts, 24 let's say up to March of 2003 for starters? 21 1 A. Let's see. I met Christena June 11 2 of 2000, and I was dating her for approximately 3 three months before she got pregnant with our 4 oldest. 5 And then Judy hired me as a gas 6 attendant to work for her at the Xtra Mart 7 Corporation. We had our disagreement. We went 8 our own separate ways. 9 Her and C.J. tried to keep me from 10 being with Christena to the point where I had 11 actually signed myself into a mental institution 12 at the Harrington Memorial Hospital in 13 Southbridge, Mass., because my wife -- well, my 14 girlfriend at the time was pregnant. I wasn't 15 able to see her. They wouldn't let me call her. 16 They wouldn't let me talk to her. 17 And that's about as far back as it 18 goes, but I mean, the past couple of years, things 19 have gotten a little bit better. Not a lot better 20 but a little bit better. 21 Q. Let's take that in order. Judy hired you 22 to work at the Xtra Mart that she was managing? 23 A. Yes, as a gas attendant. 24 Q. You said you had your disagreements and 22 1 she fired you, is that right? 2 A. Yes. 3 Q. What was the disagreement about? 4 A. I committed credit card fraud. I 5 knew I could think of it. 6 Q. You committed credit card fraud or she -- 7 A. I committed credit card fraud. 8 Q. You're telling me that you actually did 9 that or she accused you? 10 A. I did commit credit card fraud. My 11 girlfriend was pregnant at the time. A fellow 12 employee told me how to doctor receipts and take 13 cash out of the gas till at the end of the night, 14 and I was trying to do that, trying to save up 15 some money when my girlfriend was pregnant. 16 When Judy caught on, she asked me if 17 it happened, and I blatantly lied to her and told 18 her that, no, I didn't. 19 Then when she and the head of 20 security for Xtra Mart Corporation, whatever they 21 called themselves, reviewed the tapes and started 22 going over everything, I had no way of denying it, 23 and I finally broke down and told her, yes, I did 24 do it. 23 1 And at some point, Judy and C.J. must 2 have liked me because it was actually Judy's idea 3 that I sign myself into the institution to get 4 myself evaluated to see what my problem was, and 5 at the same time, to keep me from getting arrested 6 because I had a pregnant girlfriend at home. 7 Q. So, were you arrested and charged? 8 A. No. There were never any charges 9 brought. Never went to court, nothing. 10 Q. So, you as a result of that signed 11 yourself into a program at Harrington Memorial 12 Hospital? 13 A. Yes. I signed myself into a 14 psychiatric ward where I was diagnosed by -- I 15 forgot what the doctor's name is but I was 16 diagnosed bipolar manic depressive. They gave me 17 Depakote and I believe it was Celexa. Neither of 18 which did any good for me. 19 MS. PELLETIER: Just for the record, 20 counsel, we don't have any records from 21 Harrington Memorial Hospital or any other 22 health care provider regarding the incidents 23 just discussed, correct? 24 MS. O'NEIL-BAKER: Correct. 24 1 Q. (By Ms. Pelletier) How long were you in 2 Harrington Memorial Hospital? 3 A. Probably about a month, maybe a 4 little bit longer. 5 Q. That was a voluntary admission? 6 A. Yes. 7 Q. Was that your first mental health 8 admission? 9 A. No. I had a couple when I was in 10 jail. 11 Q. You had a couple of admissions? 12 A. Mental health admissions while I was 13 in jail, yes, where they had to actually bring me 14 to talk to the doctor at the time because I had 15 suicidal thoughts and tried to hang myself once or 16 twice and -- 17 Q. Ballpark year, when were you in jail 18 again, 1999? 19 A. 1999 was the last time I was in jail, 20 yes. 21 Q. Were you hospitalized while you were in 22 jail or were you just treated within the -- 23 A. Just treated within the facilities. 24 The only time they brought me to a hospital was 25 1 for a fist fight. 2 Q. Did you sustain some type of injuries in 3 the fist fight or was that the mental health issue? 4 A. It was just a fist fight between me 5 and a couple of other inmates. 6 Q. How many times did you receive, I'll call 7 it in-patient in-facility mental health treatment 8 while you were in jail? 9 A. Two, maybe three. 10 Q. For what period of time each time? 11 A. It was just like a once or twice a 12 week thing, they would have me go and talk to the 13 psychologist or the whatever you wanted to call 14 him at the time. 15 Q. Did you receive medication at that time? 16 A. No. 17 Q. Was there any suggestion by the 18 correctional facility that you receive help when you 19 get out, when you got out of jail? 20 A. There was, but I didn't follow 21 through with it. 22 Q. What did they diagnose you with, 23 anything, while you were in the correctional facility? 24 A. No. 26 1 Q. So, you get out of the correctional 2 facility in 1999? 3 A. 2000, I got out. 4 Q. I'm sorry. In 2000, and then you are 5 institutionalized at Harrington Memorial in 2002 or 6 2001, if you can recall? 7 A. I think it was 2000 because my wife 8 was pregnant with our oldest at the time. So, it 9 was 2000. 10 Q. They gave a variety of medications which 11 I think you were starting to tell me didn't help you? 12 A. Didn't really help with much. They 13 were given to me while I was at the hospital, and 14 then after a while, I just started realizing that 15 it didn't do anything for me. I was still one 16 minute real happy, one minute real sad and then 17 upset one minute, happy the next minute, and I 18 just started flushing my meds. 19 And after probably about a month, 20 they okay'ed me to sign myself out. 21 Q. You were flushing meds in the hospital 22 rather than taking them, is that what you mean? 23 A. Yes. 24 Q. When you signed yourself out, did you 27 1 continue to receive any treatment? 2 A. No. 3 Q. Have you received any treatment since 4 then? 5 A. No. 6 Q. Are you able to maintain your psychiatric 7 health without medication or any type of therapy? 8 A. Yes. 9 Q. Do you need to do anything? 10 A. It made me realize different ways to 11 deal with it. So, my ways of dealing with it is 12 I'm a sports fan. I keep track of nothing but 13 stats in my head from sports. For an example, Joe 14 Montana's rookie card number, ~ 6 -- 15 Q. So, you found other ways to direct your 16 energy? 17 A. Yes. I draw. I play XBox. I read 18 to my children. I follow my sports. 19 Q. So, despite the fact that you placed 20 yourself in the in-patient facility and you've been 21 able to maintain your mental health status, that 22 hasn't affected your relationship with your in-laws, 23 they haven't accepted you? 24 A. They've accepted me to a point. Like 28 1 I said, when they need something done, I'm the man 2 that they call to do it. Like when we moved to 3 Maine and they had bought their home, I put in 4 their hardwood floor and helped do their kitchen 5 and helped organize it and it was okay that I 6 didn't have a job then, but as soon as it was 7 done, I tried to take the time to organize my 8 life, to get my family together because I had to 9 do Judy's and C.J.'s first, everything changed to 10 where I was lazy. I was worthless. I needed a 11 job. And then when they needed me again, it was 12 okay that I wasn't working. And then as soon as 13 they were done needing me, it was I had to go 14 right back to work. And that's been my biggest 15 complaint with my in-laws. 16 Q. Did that same situation exist with 17 respect to the house in Holland which was being 18 rehabbed or added on to in 2003 where you were asked 19 to participate in that? 20 A. I was actually, at 2003, when the 21 raid happened, I was living with my wife 22 permanently at that point, but up until probably a 23 couple of weeks before the raid, I was -- that's 24 when I was living back and forth between my mom's 29 1 house on Old County Road and then Judy's and 2 C.J.'s house on Maybrook Road in Holland. 3 Q. Did something happen that caused you to 4 switch to move into C.J. and Judy's house? 5 A. They saw how bad me and Christena 6 were fighting to try to keep our relationship 7 together. So, they finally gave in and let us do 8 it our own way. And I can honestly say that now 9 they only step in if I overstep my boundaries, if 10 I over punish my kids, or if I seem like I'm 11 getting a little too upset, they'll call me and 12 tell me to go for a walk and leave the house for a 13 while so I don't do anything wrong or whatever the 14 case is. So, things are getting a little bit 15 better but not a lot. 16 Q. Have you ever had any discussions with 17 either -- I'm going to refer to him as C.J. because 18 that's how you refer to him -- or Judy with respect to 19 the issue of the legalization of marijuana? 20 A. Not until after the raid. That's 21 when everything really came to light to me about 22 him being an activist, him being a medical 23 marijuana patient, him going for walks to smoke, 24 or him going for a ride in his car to smoke, you 30 1 know, they had never told me where he was going. 2 I never asked. 3 And then after the raid, I was pretty 4 dumbfounded by all of it because I was like, whoa, 5 what's going. And that's when it was all 6 explained to me by Christena and C.J. and Judy 7 when he got out of the hospital. 8 Q. Can you tell me generally what was 9 explained to you? 10 A. Just that he had been an activist 11 primarily a good portion of his life and that he 12 was a medical marijuana patient and he tried to -- 13 MS. PELLETIER: Off the record. 14 (A recess was taken) 15 MS. PELLETIER: Back on the record. 16 Just for the record, we received a phone 17 call -- we had taken a break from Christena 18 Dodge's deposition as she was not feeling well. 19 We received a phone call that apparently she 20 was throwing up some blood. Mr. Dodge left. 21 She's being treated presently in the building? 22 THE WITNESS: Mm-hmm. 23 MS. PELLETIER: Yes? 24 THE WITNESS: Yes. 31 1 MS. PELLETIER: By security 2 personnel who called an ambulance. Mr. Dodge 3 is back and has requested that he be allowed to 4 continue, is that accurate? 5 THE WITNESS: Yes. 6 MS. PELLETIER: I have offered to 7 give him time or allow him to be with her but 8 he'd prefer to continue, is that accurate? 9 THE WITNESS: Yes. 10 Q. (By Ms. Pelletier) Okay. I had asked 11 you a question what had been explained to you with 12 regard to your in-laws' activism and you began an 13 answer but did not complete it. 14 A. Okay. 15 Q. Do you want to start again or you want to 16 hear what you said or -- 17 A. What did I -- yeah. What did I say 18 before I left? 19 (Whereupon, requested portion 20 of transcript read back) 21 THE WITNESS: Trying to think of 22 what I was saying. I think I was going to say 23 he tried to explain it to me a little bit about 24 how he was an activist, why he was an activist, 32 1 his political beliefs. That was pretty much 2 what was explained to me. 3 Q. (By Ms. Pelletier) Did he ever advise 4 you whether medical marijuana was legal in the 5 Commonwealth of Massachusetts? 6 A. No. He didn't. 7 Q. Did you have an understanding as to 8 whether medical marijuana was legal in the 9 Commonwealth of Massachusetts? 10 A. No, I didn't. And honestly, I always 11 thought of it as just a simple drug. I didn't 12 know it had medical properties to it. 13 Q. Has your understanding changed? 14 A. Greatly. 15 Q. How so? 16 A. I've gotten far more facts now than I 17 ever had in school from any of their D.A.R.E. 18 program or anything like that. I've read various 19 materials different books. I've seen different 20 movies. I've read different magazine articles. 21 I've read different articles on line. 22 And my views have changed on it. My 23 views are personal views, and that's all they're 24 going to stay. 33 1 Q. Were you aware, as of March of 2003, that 2 C.J. kept marijuana and paraphernalia to use in the 3 home that you were living with with your children? 4 A. No. 5 Q. Christena never told you that? 6 A. No. Well, what her parents did was 7 their business. I never asked. It wasn't any of 8 mine. 9 Q. Did you have an understanding as to why 10 they kept the room their bedroom locked? 11 A. I had -- were expecting children. We 12 did have children at the time, and they kept it 13 locked because he had models and stuff like that 14 and we just didn't want my children getting into 15 the room and getting into anything, breaking 16 anything. 17 We had different rooms, like we used 18 to keep the bathroom doors locked for obvious 19 reasons. Kids can't flush stuff down the toilet 20 that way. Lord knows I've dug enough GI Joes and 21 Matchbox cars out of the toilet. 22 We would keep the downstairs door 23 that went downstairs into the cellar shut at all 24 times. We would keep the addition door shut where 34 1 we had a latch hook at all times that was about 2 six feet high off the floor. So, that way, the 3 kids couldn't reach the lock to get in there. And 4 their room was always shut so the kids couldn't go 5 in there. 6 Q. So, you didn't have any knowledge that he 7 kept marijuana in his bedroom? 8 A. No. 9 Q. Did you have knowledge about the 10 paraphernalia that your mother-in-law was purchasing 11 allegedly to open a store with your wife in 12 Connecticut? 13 A. All I knew was that my mother-in-law 14 and my wife were planning on starting a business 15 through the trust. I just -- I didn't know what. 16 It wasn't my business. If my wife wants to do 17 something, I don't ask. 18 Q. So, were you aware of the existence of 19 this paraphernalia in the home? 20 A. Not at the time, I wasn't, no. 21 Q. When did you become aware of it? 22 A. At the raid. 23 Q. Do you have a recollection as to whether 24 or not you worked on the day of the raid or the night 35 1 before the raid occurred? 2 A. I worked the night before the raid. 3 I worked at Sabarro's which was also inside the 4 Roy Rogers. I worked -- it was -- what it was, it 5 was a Sabarro's/Rogers Pizzeria, and I worked for 6 both companies at one time. 7 I closed. I was a closer. I didn't 8 get out of work that night or the night before the 9 raid until probably close to twelve o'clock, one 10 o'clock in the morning. Because I remember they 11 had a cleaning crew come in to clean the hoods and 12 I had to stay to clean up the mess after they 13 left. 14 Q. So, if your wife worked two to ten and 15 you worked until twelve, who was taking care of the 16 kids if Judy was at the hospital? 17 A. Usually my parents would help take 18 care of them. Like I said, my mother lived in 19 Holland at the time. Her brothers would help 20 every now and then or Judy would keep an eye on 21 them every now and then. I don't remember who 22 babysat the children that night. 23 Q. So, why don't you tell me to the best of 24 your memory what occurred on March 27, 2003, and bear 36 1 with me if I interrupt you to ask you some questions 2 as you go along? 3 A. I remember getting woke up by 4 something nudging my shoulder. I woke up to what 5 was a police officer with a shotgun no more than 6 three to six inches from my nose. 7 Q. Let me stop you right there. Can you 8 identify the officer? 9 A. I cannot. Everything happened so 10 fast. 11 Q. Can you -- 12 A. The only thing I can remember is I 13 told him that if it wasn't a BB gun, he better get 14 it out of my face or there was going to be serious 15 problems. Which then proceeded to stand up, I 16 stood up, and then the other three officers pulled 17 their handguns on me and I realized, whoa, I can't 18 do this. 19 Q. Can you identify whether it was a 20 municipal officer, whether it was a state police 21 officer, ATF, anything about the officer that had the 22 shotgun? 23 A. The gentleman that had the shotgun on 24 me, if I remember correctly, had a black jumpsuit 37 1 that either said Task Force or ATF in yellow 2 writing on the back. I don't remember which. And 3 I don't remember what type of officers the other 4 gentlemen were that were in my room. 5 Q. You heard your wife testify earlier that 6 there had been a pipe and a tin with marijuana in your 7 room. Were you aware of that? 8 A. I was the following morning when I 9 woke up. 10 Q. She didn't tell you that she had put this 11 in your bedroom? 12 A. Nope. 13 Q. Have you ever known -- had you ever known 14 your wife to smoke marijuana at any time before March 15 27, 2003? 16 A. No. 17 Q. I'm sorry. I interrupted you. So, you 18 made a comment to the gentlemen about that better be a 19 BB gun, the other officers pulled weapons, and what 20 happened next? 21 A. I said, that better be a BB gun or 22 get it out of my face. I proceeded to stand up. 23 And that's when all the other officers pulled 24 their guns as the gentleman with the shotgun took 38 1 a step or two backwards. 2 Q. Okay. So, you got up out of the bed 3 independently? 4 A. Yes. 5 Q. No one dragged you out of the bed? 6 A. No. Then I was handcuffed and shoved 7 down the hallway. The way my bedroom was set up, 8 my bedroom door sat here. My youngest son's crib 9 sat here. And if you opened it up just the right 10 way, they would just about bounce. 11 When he went to shove me out of the 12 room, I hit into the crib which went in front of 13 the door and then they kicked the crib with my 14 six-month old out of the way, at which point I got 15 really upset, and that's when they started to push 16 me down and into the kitchen. They sat me at the 17 table. 18 Q. Let's stop for a second. When you say 19 you got very upset, how did you exhibit that? 20 A. I started yelling at them, telling 21 them to be careful, my son was in that crib, and I 22 told them if I wasn't handcuffed, I was going to 23 break their jaw for kicking the crib with my son 24 in it. The officer asked, are you threatening me? 39 1 I said, no. I am promising you, you unhandcuff 2 me, I will break your jaw. I'm not afraid of 3 them. 4 Q. Was there any other family member around 5 when that occurred? 6 A. No. Christena was already down in 7 the kitchen with my oldest son, and I don't 8 remember but I think Danny and Sara were already 9 either upstairs or just coming through that door 10 from the basement upstairs as I was being brought 11 out into the kitchen. 12 Q. Were you wearing anything? 13 A. Just a pair of boxers. 14 Q. What was the officers' response to your 15 promise to break their jaw? 16 A. They laughed and thought it was 17 actually pretty funny. 18 Q. What happened thereafter? 19 A. They brought me down to the kitchen. 20 They asked where C.J. was. Well, they said, 21 where's Captain Joint? We told them that he was 22 in the hospital, that he had just had to have a 23 colostomy bag put in because he had a staph 24 infection that had set in really bad, which was 40 1 life-threatening at which point. 2 They all just looked at us like, 3 uh-oh, what are we doing here then? Right after 4 that, they had brought in the K-9 officer. The 5 K-9 officer walked through the house and joked his 6 way out of the door, ha, ha, ha, I found nothing 7 but I'm off now to go do three more raids. 8 Q. Let me back up for a second. During the 9 period that you've just described, can you identify 10 any of the officers by name? 11 A. Not by name. It all -- it happened 12 so fast. I was in such shock that I was 13 handcuffed, my brother-in-law was handcuffed, his 14 girlfriend was handcuffed, you know. They weren't 15 letting my wife change my son's diaper. I was so 16 frustrated and upset and shaking that at that 17 point I couldn't really think too clearly. I was 18 just in total bewilderment, like, what is going 19 on. 20 Q. You testified that the officers looked 21 like, quote, unquote, uh-oh, when you indicated that 22 C.J. was at the hospital, is that right? 23 A. Yes. 24 Q. You had no idea what the officers were 41 1 doing there that evening? 2 A. All I know is they came in, they said 3 that we're here to raid the house. They slapped 4 the warrant down on the kitchen table or the raid 5 paper, whatever it was, and then they said, where 6 is Captain Joint? I said, he's at the hospital 7 Christena replied, he's at the hospital. 8 And then they asked what room was 9 his, and I said his room is the one next to mine 10 at the end of the hall. They didn't even try his 11 door to see if it was locked. So, I honestly 12 don't know if his door was locked. I remember 13 that across from C.J.'s room was a bathroom. One 14 of the cops grabbed the doors this way from inside 15 the bathroom threshold and launched himself across 16 the hallway with everything he had to kick the 17 door with both feet. 18 Q. So, your testimony is they broke the 19 bedroom door down? 20 A. Yes. I watched them do it. 21 Q. Do you know, can you describe whether 22 that officer was in one of those black uniforms? 23 A. No, the officer was not one in one of 24 the jumpsuits. He was a regularly dressed police 42 1 officer. I just don't remember if it was a 2 Holland police officer or a State police officer. 3 Q. Okay. And what happened then? 4 A. They proceeded to check stuff inside 5 the kitchen. They dumped food. They broke 6 models. When they went through my bedroom, I had 7 sports memorabilia that I had saved that since I 8 was a kid that had gotten ruined and trashed that 9 can't be replaced anymore because I doubt I'll be 10 ever be able to find any of what I had ever again. 11 Then they brought us down into the -- 12 then when they brought me back down into the 13 kitchen after bringing me down to the end of the 14 hallway, I forgot what they wanted to talk to me 15 about, but they asked me some kind of question. I 16 told them, no. They said something along the 17 lines of, he's useless, bring him back to the 18 kitchen. 19 And then they proceeded to -- that's 20 when they called in the K-9 officer and then he 21 went through the house. 22 I remember one officer taking a Blues 23 Clues toy away from my oldest, threw it on the 24 floor. 43 1 I remember a state cop saying, what 2 kind of an asshole takes a toy away from a kid? 3 He gave it back to him. I told that officer thank 4 you. I wanted a cigarette, I was so worked up. I 5 asked if I could have a cigarette. He and that 6 officer escorted me to my bedroom, watched me open 7 up my bureau drawer, grab a fresh pack of 8 cigarettes, a lighter, and he escorted me back 9 down to the kitchen, handcuffed, until they 10 finished what they were doing. 11 I wasn't anywhere near them when they 12 went into the addition. I don't know what they 13 found in there. I wasn't anywhere near them when 14 they went downstairs. I don't know what they 15 found down there. They kept us all at the kitchen 16 table right in the kitchen area. 17 Q. What about when they found the bowl and 18 the tin in your bedroom, were you there when that 19 happened? 20 A. No. 21 Q. Did they ask you about that? 22 A. No. 23 Q. When did you first become aware that they 24 had the bowl and the tin from your bedroom? 44 1 A. After they left, I was told that they 2 had found it in the bedroom, and then my wife told 3 me that she had forgot to mention to me the night 4 before that her father had given it to her while 5 she was at the hospital, at which point I got 6 rather upset with her and told her, well, you 7 should have told me that. It led to an argument 8 for probably a day or two after that, but we're 9 still married. So, it wasn't that bad of an 10 argument. 11 Q. What was the substance of the argument? 12 A. Just her keeping something stupid 13 like that from me, like she had done something and 14 didn't tell me, because me and her have an open 15 and honest relationship. I tell her right point 16 blank, you can go wherever you want as long as you 17 don't lie, cheat, hit me, you're good. And I have 18 the same rules with her. 19 In nine years, I've never lied to 20 her, cheated on her, hit her, nothing. Every 21 couple has their arguments but nothing major. 22 Q. There's been a lot of discussion about 23 models being all over the house. What were the 24 models? 45 1 A. My way of -- my way of dealing with 2 my bipolar because C.J. has the bipolar and he was 3 giving me tips on how he deals with it. So, he 4 had given me a couple of models. 5 Q. C.J. has bipolar disorder? 6 A. I believe so, yes. He acts just like 7 I do. So, I believe he has it. I don't know for 8 a fact that he has it. I can be talking to him 9 one minute, he'll be talking in a nice tone voice, 10 and the next minute, he's yelling and raging over 11 nothing. 12 But I had -- I had a trailer truck 13 model. I had a couple of airplane models. I had 14 a couple of race car models that were on top of 15 our refrigerator. When they scraped the top of 16 the frig to find them, they fell on to the floor, 17 and the cops proceeded to stomp them and break 18 them open to see if there's anything inside of 19 them. 20 Q. Those are the same types of models that 21 were in Cougar's room? 22 A. Yes. Just regular little 23 put-together models that you would buy at the 24 store. 46 1 Q. The behavior that you described with 2 respect to C.J., that existed before March 27, 2003, 3 is that right? 4 A. He gave me tips as to how to deal 5 with it. 6 Q. No. I'm talking about what you observed 7 about his behavior, that one minute, he would be okay, 8 and the next minute, he would be raging that -- 9 A. Every now and then, yes. 10 Q. What about Judy, did you ever observe 11 that behavior in Judy? 12 A. Only if she got upset for dumb 13 reasons. I mean, I never saw her lose her temper 14 over nothing, if that's what you're asking. She 15 was always had a reason when she's gotten upset, 16 either I upset her or one of the kids upset her 17 or -- 18 Q. What did she do when she got upset? 19 A. A lot of times, she would sit in her 20 room. She'd sit in her room and cry to the point 21 where we could hear her down the hallway. 22 Q. That occurred before March 27, 2003? 23 A. Once or twice, but mostly, it 24 happened after that. It went from being, I think 47 1 I heard her cry twice in the three years before 2 the raid that I was with Christena to after the 3 raid, I would hear her cry probably a half a dozen 4 times a day. 5 Q. To your knowledge, has she ever been 6 diagnosed with bipolar or any other kind of disorder? 7 A. I honestly couldn't tell you. I 8 don't know. 9 Q. You were sitting here when your wife 10 testified about her sister having bipolar disorder? 11 A. Yes. 12 Q. Correct? 13 A. Yes. 14 Q. Did you ever observe any of the bipolar 15 behavior in your wife's sister? 16 A. I had met Heather probably three or 17 four times, once was at our wedding, and you could 18 tell that she was really unhappy that it was 19 Christena's day. 20 And then the night that she 21 supposedly accused me of doing something with her 22 daughter, she came and just asked if she could 23 talk to me, and as soon as I walked outside, she 24 lambasted me with a brick to the face. 48 1 Q. When was this? 2 A. Oh, God. I don't remember when that 3 was. It was so long ago. 4 Q. Did you live in the house in Holland at 5 the time? 6 A. Yes. 7 Q. So, where did this happen? 8 A. Right outside the back door at the 9 Holland house, right in the driveway, as soon as I 10 stepped outside. 11 Q. So, Heather ends up at the Holland house 12 and had she already accused you of raping her child at 13 that time? 14 A. No. She had asked us if we could 15 babysit her daughter the night before. The night 16 before was no different than any other night 17 except it was just me and Christena that were home 18 because knowing we would babysit or they would 19 babysit. She knew Judy would make sure someone 20 was there because she knew how Heather is. 21 This one particular night, Judy 22 didn't happen to be there. That's when everything 23 just went crazy and happened. So, it was the very 24 next night after that when she came up and socked 49 1 me in the face, started saying, you did this, you 2 did that, and then she got in the car and left, 3 and I never heard anything of it again until I got 4 a phone call from the Sturbridge State Police 5 saying that they wanted to talk to me about an 6 incident that they heard had happened. And 7 nothing ever came of it. I never had charges 8 pressed. I went and said what I had to say. I 9 never heard from them again. 10 Q. I'm just trying to clarify. So, you 11 babysat? 12 A. My wife actually did the babysitting. 13 Q. You and your wife babysat. Did she come 14 pick the child up that night and then she came back 15 the next night and hit you with the brick? 16 A. I think, if I remember correctly, it 17 was her husband at the time that came and picked 18 up her daughter. 19 Q. Okay. 20 A. And then the following night, she had 21 came back to the house. 22 Q. She somehow got you outside? 23 A. She just asked if she could talk to 24 me outside. 50 1 Q. Did she tell you that she thought that 2 something had gone on between you and her daughter, or 3 she just hit you with the brick? 4 A. She just hit me, as soon as I walked 5 out the door. It wasn't even a word that got 6 said. 7 Q. Then what happened after she hit you? 8 A. C.J. came out with Judy and they told 9 her she had to get in her car and leave now, that 10 there was going to be problems if they didn't. 11 They got in their car, and they left. 12 Q. They, she and who? 13 A. Her and her husband Robert Hamm. I 14 believe was the last name H A M M. 15 Q. Did you have any injuries as a result of 16 being hit with the brick? 17 A. Just a black eye for about three 18 days. Nothing major. 19 Q. So, have you observed this what you 20 described as bipolar behavior in any other family 21 members? 22 A. Not really. I mean, other than Star 23 wigging out every now and then because she doesn't 24 get her own way, but I figured that was because 51 1 she was a spoiled little brat. 2 Q. This is Star who was referred to as being 3 special, quote, unquote? 4 A. Yes. 5 Q. When she, quote, unquote, wigs out, how 6 does she exhibit that? 7 A. She just, if she doesn't get her own 8 way, she's a normal teenager, she yells and she 9 swears and she cusses. She stomps her feet. She 10 runs off, does whatever she's going to do, gets in 11 trouble. Typical teenager. 12 Q. How about Cougar, is he a typical 13 teenager? 14 A. I actually never had a problem with 15 Cougar. Cougar was great. The only time I had 16 one problem with him was my son had splashed 17 himself in the eyes one time with some cologne or 18 something like that and my son was screaming and I 19 yelled at my son because that was the only way to 20 calm him down long enough was to scare him for me 21 to be able to rinse out his eyes. 22 When I did that, Cougar thought he 23 was a big man and took the kid out of my arms, 24 telling me you don't deserve him. At which point, 52 1 I grabbed him by the throat with one hand, threw 2 him up against the wall and told him if he ever 3 did it again, I was going to break his nose. 4 Never had a problem since. 5 Q. When was that? 6 A. I think my son was just about a year 7 old, and this was my oldest. 2001, maybe, early 8 2002, probably. 9 Q. Did you observe any changes in Cougar 10 after March 27, 2003? 11 A. Significant. 12 Q. What did you observe? 13 A. He ended up losing all of his 14 friends. He was bummed out about it. He was 15 always upset that he didn't have any friends, you 16 know. He'd go to the store and he'd come home and 17 he'd be crying. We'd ask him why. He would say, 18 well, I was just harassed on the way to the store, 19 but he would never say by who. 20 Or people would roll down their 21 windows. Like, I remember one time, I walked to 22 the store with Cougar and I've actually heard 23 people roll down their window and yell out the 24 window profanities and, hey, look, there's a drug 53 1 dealer's kid and all kinds of other stuff, people 2 pointing. 3 So, after that, yes, significantly. 4 That's when Cougar tended to start to really 5 either, A, stick to himself or, B, just go out for 6 days at a time with the friends that he did have 7 that he could still hang out with. 8 Q. You mean he would leave the house and not 9 come back for days at a time? 10 A. Right. He would leave on a Friday 11 night, spend the weekend at a friend's house, come 12 back Sunday to go to school on Monday, go to 13 school for the week, take off on Friday again for 14 the weekend, so he didn't have to be home. He 15 didn't want to be there. We were all afraid if it 16 happened once, it could happen again. 17 Q. Did anybody in your presence ever suggest 18 any type of therapy for anybody in that house as a 19 result of what happened on March 27, 2003? 20 A. We had -- some of us had talked about 21 it. It was suggested that like I go to counseling 22 for it, if I had problems, but in my past, I've 23 had problems with counselors where I go in and 24 they just tend to look at me funny and they just 54 1 make me more upset than I was when I walked in 2 there. So, I just didn't bother going. 3 Q. Why you in particular, why was it 4 suggested that you in particular? 5 A. No, not just me. I mean, like 6 everybody go see a counselor, but my opinion that 7 I've had with counselors and my dealings with 8 them, they've just made me more upset because they 9 look at me funny or they ask me, well, why is that 10 or they would blatantly tell me that I'm making 11 something up when I'm telling them the truth. So, 12 it's like, why should I bother to go see them if 13 you're not going to believe me anyway. 14 Q. Did you observe any change in Christena's 15 demeanor or behavior after March 27, 2003? 16 A. She started getting stressed out a 17 lot from it. Every time she'd hear a siren, she'd 18 jump and turn around to look to see if someone was 19 coming. Any time a dog barked, she'd run to look 20 and see who was coming up the driveway. 21 She would have a hard time sleeping 22 some nights. She'd have a hard time eating, you 23 know, just little things that this had changed 24 from then, and it's just escalated now to the 55 1 point like what you've seen today. This is what 2 I've had to deal with. I've lost jobs because of 3 this. I've lost friends because of this. I have 4 family members that don't talk to me anymore 5 because of this. 6 Q. Because of this meaning? 7 A. The raid, meaning the raid. And it's 8 just escalated from that everything is finally now 9 starting to calm down for us. Now that we live in 10 Maine, our life is getting back to normal. Both 11 of our children are in school. Both of our 12 children have had awards from being in school. 13 And we're doing what we need to do with our 14 children to make our lives better to move on. 15 Q. Have the individuals who you have 16 indicated that they were treating you differently 17 after the raid indicated whether or not they were 18 aware of your father-in-law's activism before the 19 raid? 20 A. Some of the people, I didn't really 21 know. It was like just people driving by. So, I 22 honestly don't know if they knew about it. 23 But some of the people, like that 24 gentleman Al that Cougar had mentioned, he was 56 1 good friends with that gentleman's daughter. 2 After the raid happened, it got put right to a 3 complete halt. He wasn't allowed to talk to her, 4 to go to her house. She wasn't allowed to come 5 and talk to Cougar. They couldn't call each 6 other. You know, it got to the point where her 7 father took her off to the bus just to be sure she 8 couldn't talk to Cougar and he would drive her to 9 school sometimes. Just little -- what's the word 10 I'm looking for -- annoyances, nuances, you know, 11 the little things that people seemed to tend to 12 not notice, but after a while, you can't help but 13 notice it. 14 Like, even the people at the Holland 15 market, we'd go to the store and even they would 16 look at us differently, you know. We'd walk in 17 and like, for example, I went to the deli one day 18 to get something for lunch from the deli at the 19 Holland market and I could hear the people at the 20 Holland market whispering. I couldn't hear what 21 they were whispering, but I turned around to catch 22 them whispering in each others' ears, pointing at 23 me, laughing and snickering. 24 Q. You will agree with me that your 57 1 father-in-law was much more publicly an activist as of 2 the time of the raid forward than he was before, 3 correct? 4 A. Yes. After the raid, that's when he 5 really made it known. He told everybody what they 6 had done to us. For an example, the show I went 7 to when we first went to a rally up in Maine, when 8 he got on the stage, I mean, he told everybody 9 what they did in that raid. 10 Q. Okay. So, you don't know whether the 11 individuals that were reacting the way they were 12 reacting were reacting because your father-in-law was 13 a political activist for legalization of marijuana or 14 because of the raid itself, correct? 15 A. Right. I honestly don't know. 16 Q. To your knowledge, have you testified as 17 to all direct communications that you had with Kevin 18 Gleason on March 27, 2003? 19 A. I can honestly say that I don't 20 really know who Kevin Gleason is. So, I might 21 have talked with him. I honestly don't know. 22 And the same thing goes for the other 23 gentlemen that I've heard you ask my wife and 24 Cougar about, Kevin Fitzgerald I think was his 58 1 name. 2 Q. Kenneth. 3 A. I honestly couldn't tell you who he 4 is. I couldn't pick him out of a line-up. So, I 5 honestly couldn't tell whether I've talked to him 6 or had communications with him or not. 7 Q. Just so you understand, I'm going to 8 still have to ask you a series of questions so we have 9 specific answers on the record. 10 A. Yes. 11 Q. I recognize that it's more than likely 12 that you're going to answer the same way with respect 13 to each question, but I have to ask them 14 independently, okay? 15 A. Okay. 16 Q. The Complaint alleges that there was 17 false information that was provided by Kevin Gleason. 18 Do you have any facts to support that claim? 19 A. Yes. I saw a date and a time on some 20 paperwork that they supposedly had a C.I. come in, 21 and at that said date and time, my father-in-law 22 was having six inches of intestines removed and a 23 colostomy bag installed at the hospital. 24 Q. Do you have any independent recollection 59 1 as to whether you were home at the date and time that 2 you're referring to that was in the document? 3 A. If I remember correctly, it was 4 around my birthday, which is March 15, so I 5 should -- I want to say yes, but I'm not exactly 6 sure. 7 Q. I'm going to try to distinguish between 8 the information in the affidavit which was prepared by 9 Sergeant Haley and the information in the affidavit 10 that was given by Kevin Gleason, okay? 11 A. Okay. 12 Q. Do you have any facts to support your 13 allegation, if you are alleging, that Kevin Gleason 14 provided false information with respect to the 15 affidavit? 16 A. I would have to say no because I just 17 glanced over the paperwork. I didn't like pay 18 attention to names or anything like that. I 19 just -- I read it once and I remember seeing a 20 couple of small things, and then that was about 21 it. 22 Q. Small things that were not accurate? 23 A. Yes. 24 Q. So, you don't have any independent 60 1 knowledge as to whether or not some individual went 2 into the family home and then came out and told a 3 police officer that they had in fact purchased 4 marijuana? 5 A. There had never been anybody that 6 came in the house. Everybody that came to that 7 house, I knew as family friends of C.J. and Judy, 8 and 99.99 percent of them came from Connecticut. 9 Q. Do you know somebody named Michael 10 Zalonis? 11 A. Yes. 12 Q. Who is Michael Zalonis? 13 A. Was a gentleman that had lived up the 14 street from us. His daughter Raven and my son 15 Phoenix were in kindergarten together. And he 16 didn't have any oil one day and wanted to know if 17 he could come up and cut some trees down off our 18 property. I helped him cut trees down. 19 And then I remember the Holland 20 Police Department coming up and arresting him. I 21 don't know why they arrested him. It wasn't my 22 business. And that was the last I saw of the man. 23 Q. That was they arrested him on -- 24 A. They arrested him on my property. 61 1 Q. For the record -- 2 A. We were actually right in the middle 3 of dragging a tree out of the woods, me and him 4 together, when they arrested him. 5 Q. Just for the record, when you're saying 6 my property, are you referring to the property in 7 Holland that was the Bunn family property? 8 A. Yes. 9 Q. Who else was there at the time? 10 A. I don't remember. I think it might 11 have been just me and him that was outside. 12 Q. You have absolutely no idea why the 13 Holland police came there and arrested him? 14 A. No. Once I saw them, I asked them if 15 it was about me. They said no. I turned around 16 and walked away. 17 Q. Did you ever have any interaction with 18 Mr. Zalonis again? 19 A. Not that I can remember. 20 Q. Do you know whether or not your 21 mother-in-law ever alleged that Michael Zalonis was in 22 fact the person referred to as the confidential 23 informant in this case and that in fact that 24 individual did go in and come out and tell the police 62 1 department that they had purchased marijuana? 2 A. I had heard that he was who they had 3 thought it was, and then when they were going to 4 court, if I remember correctly, I was told that he 5 was who they said was the confidential informant, 6 but I can't honestly remember ever seeing him 7 inside of the house at Holland. 8 Q. Okay. That's what I'm trying to 9 distinguish, sir, is whether the information that's 10 contained in the affidavit indicates that somebody 11 told the police information, okay? 12 A. Okay. 13 Q. And what I'm trying to clarify is whether 14 you have any facts to support the allegation that the 15 person never said that? Whether it's accurate or not 16 is not the issue. 17 A. Other than the fact that the time 18 that I saw him, that he did not go in the house in 19 Holland, no. 20 Q. So, you don't have any facts to support a 21 claim that the -- that Kevin Gleason just made up 22 information and provided it to the drug task force, 23 correct? 24 A. That would be correct. I don't have 63 1 any paperwork or anything from the raid. I still, 2 to this day, don't even have anything with my name 3 on it from the raid. 4 Q. You were not arrested? 5 A. No. 6 Q. Correct? 7 A. I was just placed in handcuffs and 8 sat at the kitchen table while they proceeded to 9 search the house. 10 Q. Your wife ultimately had a summons issued 11 to her as a result of having the marijuana in the room 12 and the pipe with resin in it, correct? 13 A. Yes. 14 Q. And Judy was also issued a summons, 15 correct? 16 A. Yes. 17 Q. And no one else that was present that day 18 was ever issued a summons, correct? 19 A. Best of my knowledge, that's correct. 20 I never had one and I didn't hear of Danny or 21 Cougar having one. I knew my mother-in-law and my 22 wife had to go back and forth to court because I 23 would stay to Lewiston and watch the kids while 24 she came back out here for court. 64 1 Q. How many times did that happen? 2 A. I don't know. Probably three, four, 3 maybe a couple times more than that. I remember 4 one of the court dates were on my birthday or 5 right around my birthday. So, I was left home 6 alone all weekend. 7 Q. You've testified that -- well, strike 8 that. 9 Did you have any interaction with officer 10 Fitzgerald on March 27, 2003? 11 A. I may have, but I honestly couldn't 12 tell you. 13 Q. Okay. There is discovery responses, 14 written Answers to Interrogatories that you signed, 15 that specifically alleged that Officer Fitzgerald did 16 certain things. 17 A. Okay. 18 Q. Do you have any idea where the 19 information came from? 20 A. I don't remember. It was so long 21 ago, and I'm trying to put it all behind me. 22 Q. The interrogatories were answered on 23 April 20 of 2008. 24 A. What does that mean, the 65 1 interrogatories? 2 Q. Did you answer some written questions and 3 sign -- did you sign -- let me show you. Let me show 4 you a document and ask you to take a look at that. 5 Have you ever seen that before? 6 A. Yup. I remember this. Judy handed 7 this to me one day and said I had to sign this and 8 give it to back to her so she could mail it back 9 to my attorney. At which point, I didn't question 10 what it was. I just said, okay. I signed it and 11 handed it back to her. 12 Q. Was it the whole document or just the 13 signature page? 14 A. I don't remember. All I remember is 15 she gave me some stuff. She said, here, this has 16 to be signed so I can go back to our attorney. 17 And I said, okay. I didn't question it. I just 18 signed it and handed it back to her. 19 Q. Was that within the last several weeks or 20 was it a long time ago? 21 A. I think the last one I signed was 22 that one there. 23 Q. Which is, for the record, I'll have this 24 marked, but that's the Plaintiff Jamie Dodge's Answers 66 1 to Officer Kenneth Fitzgerald's First Set of 2 Interrogatories. That's the heading that I just read. 3 MS. O'NEIL-BAKER: Are you marking 4 that as an exhibit? 5 MS. PELLETIER: I'm just trying to 6 identify it so I can mark it, yes. 7 MS. O'NEIL-BAKER: Is that number 1? 8 MS. PELLETIER: Yes. 9 THE WITNESS: That sounds about 10 right. I honestly can't remember who the cop 11 was though that pulled the gun. 12 MS. PELLETIER: Can we just have her 13 put an exhibit sticker on that, please. 14 (Exhibit 1, marked) 15 Q. (By Ms. Pelletier) We've just marked a 16 document as Exhibit 1, and you're indicating to me 17 that you, sitting here today, honestly cannot recall 18 who pulled the gun even though answer to 19 interrogatory, number 3, specifically references 20 Officer Fitzgerald, is that right? 21 A. Yes. I'm just trying to push my way 22 past this. 23 Q. I understand. You indicated that Judy 24 handed this document and said that you needed to sign 67 1 it so they could get it back to your lawyer? 2 A. She said it had something to do with 3 the court case, that our attorney had needed it 4 back as soon as I could read it and sign it, and I 5 honestly didn't bother reading it. I just signed 6 it and gave it right back to her. 7 Q. The last page where you signed it 8 indicates that you signed it in front of a notary 9 public. Did you sign it in front of a notary public? 10 A. I don't remember where I signed it, 11 to be honest. 12 Q. There's a second set that was also 13 allegedly signed by you on April 20, 2008, and those 14 are your answers to Chief Gleason's interrogatories. 15 I'll just show you those. Was that handed to you at 16 the same time that the document marked as Exhibit 1 17 was? 18 A. I remember somebody -- I remember 19 some of the cops yelling at us. 20 Q. I don't want to ask you about the 21 substance yet, just so we can identify this for the 22 record. The document that I just handed you, did you 23 sign that? 24 A. Yes. 68 1 Q. In the same fashion where Judy told you 2 that you had to sign it and you don't recall reading 3 it? 4 A. Yes. 5 MS. PELLETIER: Okay. Can we have 6 that marked as 2, please. 7 (Exhibit 2, marked) 8 Q. (By Ms. Pelletier) Sitting here today, 9 you can't tell me one way or the other whether Kevin 10 Gleason or Ken Fitzgerald participated in the acts 11 that are reflected in these Answers to Interrogatories 12 Exhibits 1 and 2, is that correct? 13 A. Correct. I can't remember. 14 Q. Do you have any facts within your 15 possession that Kevin Gleason knowingly and 16 intentionally made false or misleading representations 17 in the affidavit to obtain the search warrant? 18 A. I can't prove any of that, no. 19 Q. You don't have any facts within your 20 possession one way or the other with respect to 21 whether Chief Gleason recruited a confidential 22 informant, correct? 23 A. Correct. I have nothing at all that 24 this was, actually other than reading those and 69 1 reading the thing about when they said that this 2 is when so and so came in, but he was at the 3 hospital. That's really the only time I ever read 4 anything that has to do with this case. 5 Q. Just for the record, when you're 6 referring to those, you're talking about Exhibits 1 7 and 2? 8 A. Yes. 9 Q. Which I'm showing you today which you 10 hadn't read before today? 11 A. I haven't read them before signing 12 them. Those are the only things that I've 13 actually read that pertain to the raid other than 14 the day that I read the warrant or whatever it was 15 that the cop had slapped on the table. 16 Q. Do you have any facts within your 17 possession to support an allegation that Chief Gleason 18 fabricated the existence of a confidential informant? 19 A. I can't prove it, no. 20 Q. Can you tell me approximately how many 21 officers were present in the house on March 27, 2003? 22 A. Let me see. One, two, three, four in 23 my room. One, two, I think three in the kitchen. 24 Then the K-9 officer showed up. And I think there 70 1 were another three or four standing out in the 2 backyard. 3 Q. Do you claim that you have been harassed 4 by either Kevin Gleason or Kenneth Fitzgerald after 5 March 27 of 2003? 6 A. I honestly couldn't say if it was 7 them or not. I remember one time I had gotten 8 pulled over in Holland, but I mean, it wasn't 9 really harassment. It was just a cop simply 10 telling me, slow down or next time you're he going 11 to get a ticket. It was late at night. I was 12 speeding by the dam. I probably would have got 13 like a $150 ticket. 14 Q. But he didn't give you one? 15 A. But he didn't give it to me, and the 16 gentleman that had pulled me over was a really, 17 really young cop with black hair, crew cut, couple 18 small pock marks, had sort of a handlebar style 19 mustache. 20 Q. What vehicle were you operating? 21 A. I was driving a, I believe it was my 22 own vehicle at the time. It was a green Buick 23 Oldsmobile. 24 Q. You've heard testimony regarding this 71 1 allegation that one of the family dogs hurt a cat, 2 correct? 3 A. Yes. 4 Q. Were you present when that interaction 5 took place? 6 A. Yes. 7 Q. Can you identify the police officer other 8 than what you heard your wife testify to? 9 A. No. I was in my bedroom. I heard an 10 officer knock on the door. I heard an officer 11 accuse that Rocket had killed a cat. 12 And the only dog we had that would 13 have bit a cat would have been Mookie who was the 14 Dalmatian. My children would sit on the floor and 15 grab on to Rocket by his tail and he'd pull them 16 around the kitchen in their diapers, and he never 17 bit anybody. 18 Q. Do you have any information one way or 19 the other to support an allegation that the Holland 20 Police Department fabricated the story that one of the 21 dogs had hurt a cat as opposed to somebody actually 22 reporting it? 23 A. Other than just Cougar going to the 24 said house where it supposedly happened and him 72 1 coming home and saying there was nobody there, 2 there was no blood anywhere, no fur balls or 3 anything like that anywhere, no. 4 Q. What was the demeanor of the officer when 5 the officer was at the house having the conversation 6 with Christena about the dog? 7 A. I don't know. I was -- like I said, 8 I was in my bedroom. 9 Q. You didn't hear any yelling? 10 A. I heard no yelling. I stayed in my 11 bedroom. 12 Q. Did Christena come speak to you after 13 that about it? 14 A. I don't remember. I think she might 15 have said something about, oh, they said Rocket 16 killed a cat or something like that. 17 Q. It wasn't any big production? 18 A. She didn't make a big deal out of it, 19 no. 20 Q. Was there a suggestion at that time that 21 the Holland Police Department was harassing the 22 family? 23 A. I believe that they were, yes. 24 Q. At the time that it happened, was there a 73 1 discussion amongst the family members that that was 2 harassing behavior? 3 A. Not that I can remember. 4 Q. Do you allege that there was any of your 5 personal property that was taken by the Holland police 6 and not returned? 7 A. Trying to think. I can't remember. 8 MS. PELLETIER: Mark this. 9 (Exhibit 3, marked) 10 THE WITNESS: I can't remember what 11 they took. 12 Q. (By Ms. Pelletier) I'm going to show you 13 a document that we marked as Exhibit 3 which is the 14 Return of Officers Serving Search Warrant which 15 reflects the items which were taken from the home on 16 March 27, 2003, and ask you to just take a look at 17 that and see if you claim that any of those items 18 belonged to you? 19 A. Some of the money belonged to me. 20 Q. Some of the $850? 21 A. Yes. 22 Q. Was your money separated from everybody 23 else's money? 24 A. No. 74 1 Q. Everyone kept it all in one place? 2 A. We kept it all together. 3 Q. Where was it kept? 4 A. We -- I would give my money to 5 Christena and then Christena would just hand it to 6 Judy and say, here, Mom, you know, this is for, 7 like, this is what we want for dinner tonight or 8 this is what we need, and then she would give Judy 9 the money. When Judy went to the store, she would 10 have a list, and that's what the money would go 11 on. 12 Q. So, it wasn't money taken out of your 13 wallet or out of -- 14 A. Not out of my wallet, no. Yeah. 15 Other than the money, I don't see anything else on 16 here that would have been mine. 17 Q. Did you see the other items that are on 18 what's been marked as Exhibit 3 at the house? 19 A. Let's see. 20 Q. I'm specifically referring to the 21 numerous pipes with resin, the bong. 22 A. I didn't see any of that. I think I 23 might have remembered seeing like one or two black 24 like cases about that big but never really asked 75 1 what they were. I remembered seeing them pull 2 some lighters out. I remembered seeing the cop 3 with a handful of pins. 4 Q. What are pins? 5 A. They were just little buttons that my 6 father-in-law had made, and then I remember the 7 circular Altoids tin because that was the tin my 8 wife said her father had given her the night 9 before. 10 Q. Do you have any knowledge of efforts by 11 your mother-in-law to get the items that are listed in 12 Exhibit 3 back from the Holland Police Department? 13 A. I can remember her talking on the 14 phone with people a couple of times since then. I 15 don't know who she was talking to. But I remember 16 her saying, well, you were told that it had to be 17 given back to me and I want my stuff back. But 18 that was only one or two phone calls I heard. 19 I've never seen her communicate via e-mail, 20 written mail, or anything other than that. 21 Q. Have you made any effort to get any of 22 these items back? 23 A. No. 24 Q. Or the money? 76 1 A. No. 2 Q. Have there been discussions amongst the 3 family about efforts to get the money back? 4 A. There was, but I just, at the time, I 5 felt like I just wanted to wash my hands with it, 6 you know. The raid happened. I just wanted to 7 get it done, out of my mind, not have to deal with 8 it again. 9 Q. Can you state the facts upon which you 10 base your allegations then that either Chief Kevin 11 Gleason or Officer Kenneth Fitzgerald violated your 12 rights? 13 A. Well, let's see. 14 Q. Specifically those individuals and not 15 generally the raid. 16 A. Let's see. I was handcuffed naked. 17 Then it was about ten minutes before they let me 18 get dressed. 19 Q. I'm asking you specifically with respect 20 to Kevin Gleason and Kenneth Fitzgerald, not just 21 generally what occurred that evening. 22 A. Specifically by them, I can't 23 remember anything. Like I said, I remember bits 24 and pieces, and I was so bewildered by it all and 77 1 in such shock, that like I -- I must have seen 2 eight different name tags and eight different 3 badges. 4 Q. Okay. 5 A. You could lay them badges in front of 6 me right now and I honestly couldn't tell you 7 whether those were the same ones I looked at that 8 day or not. 9 Q. Further to confirm, you haven't had any 10 problems with either Chief Gleason or Kenneth 11 Fitzgerald since March 27, 2003, correct? 12 A. Not that I can recall, no. 13 MS. PELLETIER: We'll suspend for 14 the same reasons as discussed earlier. 15 (Witness excused) 16 (Deposition suspended) 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: JAMIE DODGE, who was 8 by me duly sworn to testify to the truth and nothing but the truth as to his knowledge touching and 9 concerning the matters in controversy in this cause; that he was thereupon examined upon his oath and said 10 examination reduced to writing by me; and that the deposition is a true record of the testimony given by 11 the witness, to the best of my knowledge and ability. 12 I further certify that I am not a relative or employee of counsel or attorney for any of the 13 parties, or a relative or employee of such parties, nor am I financially interested in the outcome of the 14 action. 15 WITNESS MY HAND, this 13th day of May, 2008. 16 17 ___________________________ Roxanne C. Costigan 18 19 My Commission expires: July 16, 2010 20 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 JAMIE 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