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: KEVIN GLEASON 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 6, 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 Kevin Gleason 4 5 6 7 EXHIBIT PAGE 8 Exhibit 1, Notice of Taking Deposition....... 4 9 Exhibit 2, Incident Report................... 143 10 Exhibit 3, Summons........................... 149 11 Exhibit 4, Summons........................... 149 12 Exhibit 5, Notice of Complaint Hearing....... 152 13 Exhibit 6, Supplemental Narrative............ 165 14 Exhibit 7, Narrative......................... 166 15 Exhibit 8, Narrative......................... 168 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 KEVIN GLEASON, the Deponent, having been 13 first duly sworn and identified by production of his 14 driver's license, deposes and says as follows: 15 16 MS. O'NEIL-BAKER: Let's put today's 17 notice as Exhibit 1, please. 18 (Exhibit 1, marked) 19 MS. O'NEIL-BAKER: There are no 20 objections to the notice? 21 MS. PELLETIER: What do you mean? 22 MS. O'NEIL-BAKER: Standard, you 23 know, here's the normal notice. 24 MS. PELLETIER: I have no objection 5 1 to the notice. There's objections to the 2 attachment A. 3 MS. O'NEIL-BAKER: Okay. 4 MS. PELLETIER: Which isn't actually 5 attached here. 6 MS. O'NEIL-BAKER: Do we have the 7 stapler? Did you want to note any objections? 8 MS. PELLETIER: Well, I have the 9 response -- 10 MS. O'NEIL-BAKER: Okay. Great. 11 MS. PELLETIER: -- which has 12 objections in it. 13 MS. O'NEIL-BAKER: Okay. 14 15 DIRECT EXAMINATION BY MS. O'NEIL-BAKER: 16 Q. Chief Gleason. 17 A. Mm-hmm. 18 Q. Today I'm going to be asking you some 19 questions related to a lawsuit that my clients, 20 numerous individuals, have brought against you and 21 other individuals. I'm just going to explain a little 22 bit about the guidelines for a deposition. 23 A. Okay. 24 Q. The first thing is that if you don't 6 1 understand one of my questions, please let me know and 2 I'll try to rephrase it for you. 3 A. Okay. 4 Q. If you don't tell me, I will assume that 5 you understand the question, okay? 6 It's important to listen to my full 7 question first and then answer the question after I've 8 finished. 9 A. Okay. 10 Q. That way, the court reporter will be able 11 to take down all the words that I say and all the 12 words that you say and they won't get jumbled up. 13 It's important to verbally answer my 14 questions instead of nodding your head. 15 A. Okay. 16 Q. Because the court reporter can't indicate 17 in writing a gesture. 18 A. Okay. 19 Q. Thanks. If at any point you want to take 20 a break, that's fine. Just let me know. You don't 21 have to tell me the reason why. You can just ask for 22 the break. I do ask that if I've asked you a 23 question, please answer the question first and then 24 ask for the break. 7 1 A. Okay. 2 MS. O'NEIL-BAKER: Have you written 3 down his address? 4 MS. PELLETIER: For the record, I 5 don't have police officers give residential 6 addresses. If you want, he'll give you the 7 business address. 8 MS. O'NEIL-BAKER: I figured. 9 Q. (By Ms. O'Neil-Baker) Have you ever 10 testified in court before? 11 A. No. 12 Q. Have you ever testified in a deposition 13 before? 14 A. No. Actually, I take -- as far as 15 testifying in court, citation, appeals and stuff 16 like that, yes. 17 Q. Okay. In those situations, were you put 18 under oath and put on the witness stand? 19 A. Yes. 20 Q. So, other than -- in those situations, it 21 was related to your job? 22 A. Yes. 23 Q. So, other than those times where you've 24 appeared at court to testify regarding speeding 8 1 tickets and things like that? 2 A. Yes. 3 Q. You've never been -- you've never 4 testified in court? 5 A. No. 6 Q. Are you taking any medications today? 7 A. No, I'm not. 8 Q. Are you currently employed? 9 A. Yes. 10 Q. Where are you employed? 11 A. The Holland Police Department. 12 Q. What is your job title? 13 A. Chief of Police. 14 Q. How long have you been the Chief of 15 Police for the Holland Police Department? 16 A. Approximately six years. 17 Q. Do you recall when you were first hired 18 as the Chief of Police, what year, month? 19 A. The fall of 2002. 20 Q. Prior to the fall of 2002, where were you 21 employed? 22 A. The Holland Police Department. 23 Q. What was your position there? 24 A. Police officer. 9 1 Q. How long were you a police officer at the 2 Holland Police Department? 3 A. Since March of 2001. 4 Q. Prior to that date, where were you 5 employed? 6 A. Gentex Optics. 7 Q. What was your position there? 8 A. Quality assurance engineer. 9 Q. How long did you work at Gentex Optics? 10 A. Approximately two years. 11 Q. Back from 1999 to 2001? 12 A. Back from 1999 because in August of 13 2000 -- of 1999, I attended the full-time Police 14 Academy. I'm sorry. August of 2000. I graduated 15 in January of 2001. 16 Q. So, while you were working at Gentex, you 17 were also at the academy? 18 A. No. 19 Q. All right. When did you start the Police 20 Academy full time? 21 A. August of 2000. 22 Q. Is that a year-long program? 23 A. No. That's twenty-one weeks. 24 Graduation was January of 2001. 10 1 Q. So, you were working at Gentex from 1999 2 until 2000? 3 A. Backwards. I left Gentex to go to 4 the full-time academy. 5 Q. Prior to attending the full-time academy 6 in 2000, had you ever worked as a police officer 7 before then? 8 A. As a police officer, no. 9 Q. Did you have any law enforcement 10 background prior to attending the Police Academy? 11 A. The full-time academy, yes. I 12 attended the part-time academy for the Town of 13 Southbridge and I worked for them as an auxiliary 14 police officer which had no real powers. 15 Q. Was that a paid position? 16 A. No. 17 Q. What years were you a part-time auxiliary 18 police officer? 19 A. I can tell you when I left. I left 20 approximately June of 2001. When I started, I 21 couldn't tell you off the top of my head. 22 Q. But that was an unpaid volunteer 23 position? 24 A. Correct. 11 1 Q. Did you have regularly scheduled hours? 2 A. No. 3 Q. You said that was Southbridge? 4 A. Yes. 5 Q. When you began your employment with the 6 Holland Police Department, you said that was in the 7 fall -- you said that was in 2001? 8 A. March of 2001. 9 Q. Who was the Chief at that time? 10 A. Donald Haapakoski. 11 Q. Did he hire you? 12 A. Yes. 13 Q. And when you became a police officer in 14 2001, how many other police officers were working with 15 you at the time? 16 A. I can't give you an accurate number. 17 Less than ten. 18 Q. Did you apply to the position of Chief? 19 A. Yes, I did. 20 Q. How many other people applied for the 21 position of Chief? 22 A. Couldn't tell you. 23 Q. Was there a recruitment process for that 24 position? 12 1 A. Yes. 2 Q. You said that Chief Haapakoski hired you. 3 Was there anyone else involved in the hiring process? 4 A. I believe the Selectmen have to 5 approve all appointments. 6 Q. Did you interview with any of the 7 Selectmen for the position? 8 A. No. 9 Q. Did you interview with the Chief? 10 A. Yes. 11 Q. Did you interview with anyone else? 12 A. I believe Sergeant Farraher was 13 there. 14 Q. Did you have to take any tests, written 15 tests? 16 A. I believe he gave me a general law 17 question, questionnaire. 18 Q. How big is the Town of Holland, the 19 population? 20 MS. PELLETIER: Now? 21 MS. O'NEIL-BAKER: Yes. 22 MS. PELLETIER: If you know. 23 THE WITNESS: Approximately 2,800 24 year round, and it almost doubles in size in 13 1 the summer time. 2 Q. (By Ms. O'Neil-Baker) How large is the 3 police department now? 4 A. Right now, we have myself and five 5 other people, not including a civilian police 6 clerk. 7 Q. Could you break down the positions that 8 make up the police department right now? 9 A. Police Chief, Lieutenant, Sergeant, 10 and everyone else is an officer. 11 Q. How many Lieutenants are there? 12 A. One. 13 Q. What's that person's name? 14 A. Raymond Moorehouse. 15 Q. How many Sergeants are there? 16 A. One. 17 Q. The Sergeant's name? 18 A. Brian Houghey, H O U G H E Y. 19 Q. There's two officers? 20 A. Three. 21 Q. Their names? 22 A. Herb Duggan, Jeff Forcier, and Mark 23 Pillsbury. 24 Q. Were you responsible for hiring any of 14 1 those individuals? 2 A. Yes. 3 Q. Who did you hire? 4 A. Raymond Moorehouse, Jeff Forcier, and 5 Herb Duggan. 6 Q. When you hired Lieutenant Moorehouse, did 7 you hire him as a Lieutenant? 8 A. No. 9 Q. Or as an officer? 10 A. As an officer. 11 Q. What year was that? 12 A. I couldn't tell you for sure, but I 13 believe it was in 2002. It wasn't long after I 14 was Chief. 15 Q. Did Chief Haapakoski retire? 16 A. He went to become Police Chief in 17 Oakham. 18 Q. So, his position was open and you applied 19 for it? 20 A. Yes. 21 Q. When you became Chief, was Officer 22 Pillsbury already working for the town? 23 A. Yes. 24 Q. Was Officer Pillsbury working for the 15 1 town as a police officer when you were hired as a 2 police officer? 3 A. Yes. 4 Q. Brian Houghey? 5 A. Houghey, like H O Y. 6 Q. Okay. Was he working as a Sergeant when 7 you became Chief? 8 A. No. 9 Q. Was he an officer when you became Chief? 10 A. Yes. 11 Q. Was he an officer when you became -- when 12 you were hired as an officer? 13 A. I think he was hired a few weeks 14 after me. 15 Q. Were you part of the decision-making 16 process in his promotion to Sergeant? 17 A. Yes. 18 Q. Were you part of the decision-making 19 process for the promotion of Ray Moorehouse from -- to 20 Lieutenant? 21 A. Yes. 22 Q. Did you promote him from officer to 23 Sergeant as well? 24 A. Yes. 16 1 Q. How would you categorize the majority of 2 the criminal activity in Holland today? 3 MS. PELLETIER: Objection. I don't 4 know if you can answer that one. If you can, 5 go ahead. 6 Q. (By Ms. O'Neil-Baker) If you don't 7 understand the question, I can rephrase it. 8 A. Yeah, I don't understand what you're 9 looking for. 10 Q. Okay. As of today, how would you 11 classify the biggest -- the majority of the complaints 12 that you receive? 13 MS. PELLETIER: You mean by felony, 14 misdemeanor, by offense? 15 Q. (By Ms. O'Neil-Baker) I would say just 16 looking at the scope of your police department, what 17 type of criminal activity -- 18 A. It varies from year to year. 19 MS. PELLETIER: Just for the record, 20 objection. Go ahead. 21 THE WITNESS: It varies from year to 22 year, and I couldn't give you an answer as to 23 what -- there's nothing that really stands out 24 more than anything else. 17 1 Q. (By Ms. O'Neil-Baker) Do you have to 2 prepare yearly statistics on types of crimes in the 3 town? 4 A. Yes. 5 Q. You do? 6 A. It's always included in the Town 7 Report. 8 Q. You submit that information to the town 9 and they prepare the Report? 10 A. Mm-hmm. 11 MS. PELLETIER: Yes, for the record? 12 THE WITNESS: Yes. Sorry. 13 Q. (By Ms. O'Neil-Baker) Have you ever 14 prepared a search warrant? 15 A. No, I have not. 16 Q. Have any of your officers that you 17 supervise prepared a search warrant while under your 18 direction? 19 A. No, they have not. 20 Q. Have you ever prepared an affidavit in 21 support of a search warrant? 22 A. No, I have not. 23 Q. Have any of your officers while under 24 your supervision ever prepared an affidavit in support 18 1 of -- 2 A. No, they have not. 3 Q. -- a search warrant? 4 A. No, they have not. Sorry. 5 Q. Have any search warrants been executed in 6 Holland while you've been the Chief? 7 A. Yes. 8 Q. How many? 9 A. One. 10 Q. During the time that you were a police 11 officer at Holland, had any search warrants been 12 executed? 13 A. Not to my knowledge. 14 Q. Was that one search warrant that was 15 executed while you were a Chief on the property at 90 16 Maybrook? 17 A. Was it 90 or 80? 18 Q. Either one. 19 A. Yes. 20 Q. Were you aware that at some point there 21 was a re-numbering of property numbers in Holland? 22 A. Not to my knowledge. 23 Q. So, as of today, you're unaware that the 24 properties in Holland at some point while you were 19 1 Chief were re-numbered? 2 MS. PELLETIER: Objection. Go 3 ahead. 4 THE WITNESS: To my knowledge, no. 5 Q. (By Ms. O'Neil-Baker) Have you ever 6 seen -- did you ever review the search warrant that 7 was prepared for the property at 90 Maybrook Road? 8 MS. PELLETIER: Objection. Before, 9 after, since? 10 MS. O'NEIL-BAKER: At any time. 11 MS. PELLETIER: Objection. Go 12 ahead. 13 THE WITNESS: At any time? Yes. 14 Q. (By Ms. O'Neil-Baker) Did you ever 15 review the search warrant prior to March 27, 2003? 16 MS. PELLETIER: Objection. Go 17 ahead. 18 THE WITNESS: No. 19 Q. (By Ms. O'Neil-Baker) Did you ever 20 review the affidavit that was signed by Agency Scott 21 Haley that was attached to the application for the 22 search warrant on 90 Maybrook Road prior to March 27, 23 2003? 24 A. Not that I recall. 20 1 Q. Prior to March 27, 2003, did you review 2 any paperwork in relation to the search of 90 Maybrook 3 that took place on March 27, 2003? 4 MS. PELLETIER: Objection. Go 5 ahead. 6 THE WITNESS: Not that I recall. 7 Q. (By Ms. O'Neil-Baker) Have you ever 8 initiated an investigation on any individual in your 9 town, a criminal investigation? 10 MS. PELLETIER: Objection. 11 THE WITNESS: Yes. 12 MS. PELLETIER: Just yes or no. 13 Q. (By Ms. O'Neil-Baker) Okay. So, you 14 have initiated an investigation on an individual in 15 your town, correct? 16 A. Yes. 17 Q. How many times have you done that? 18 A. Off the top of my head, I couldn't 19 give you an answer. 20 Q. Is it more than ten? 21 A. Yes. 22 Q. Have you ever conducted surveillance on 23 any individual in your town as a -- during your tenure 24 as Chief of Police? 21 1 A. Yes. 2 Q. How many times have you done that? 3 A. Less than ten. 4 Q. When you conduct surveillance, do you 5 have to keep any records? 6 MS. PELLETIER: Objection. Go 7 ahead. 8 THE WITNESS: You don't have to keep 9 records. 10 Q. (By Ms. O-Neil-Baker) Okay. Do you keep 11 any record, during the surveillances that you have 12 participated in on individuals in your town, have you 13 kept any records of that surveillance? 14 A. To my knowledge, no. 15 Q. Do any of your officers keep records of 16 surveillance? 17 MS. PELLETIER: Objection. Go 18 ahead. 19 THE WITNESS: To my knowledge, none 20 of my officers have done surveillance. 21 Q. (By Ms. O'Neil-Baker) Those are the 22 officers who are currently employed? 23 A. Currently, yes. 24 Q. During your time as Chief, have any 22 1 officers participated in surveillance on any 2 individual in Holland? 3 A. The current officers? 4 Q. Any officer that's worked under you while 5 you've been Chief. 6 A. Yes. 7 Q. Who has -- what officers have 8 participated in surveillance? 9 A. Sergeant John Moran. 10 Q. How many times has he participated in 11 surveillance operations? 12 A. One that I know of. 13 Q. Do you know if he kept any records of the 14 surveillance? 15 A. Not to my knowledge. 16 Q. Was that surveillance on the property at 17 90 Maybrook Road? 18 A. Yes. 19 Q. Were you involved in that surveillance? 20 A. No, I was not. 21 Q. So, the surveillance conducted by Officer 22 Moran was not one of the ten or less surveillances 23 that you participated in while you were Chief? 24 A. Correct. 23 1 Q. And the less than ten surveillances that 2 you have conducted, you've never kept any records of 3 the surveillances, correct? 4 A. Correct. 5 Q. To your knowledge, Officer Moran did not 6 keep any notes or records of the surveillance of 90 7 Maybrook Road? 8 MS. PELLETIER: Objection. Go 9 ahead. 10 THE WITNESS: To my knowledge. 11 Q. (By Ms. O'Neil-Baker) Can you describe 12 for me when an incident report would be prepared? 13 MS. PELLETIER: Can you pick a time 14 frame, please? 15 Q. (By Ms. O'Neil-Baker) In your experience 16 as Chief, can you give an example of when you would 17 prepare an incident report? 18 MS. PELLETIER: Objection. Go 19 ahead. 20 THE WITNESS: One example would be a 21 medical call. 22 Q. (By Ms. O'Neil-Baker) Any other times 23 when you would prepare an incident report? 24 MS. PELLETIER: Objection. Go 24 1 ahead. 2 THE WITNESS: Many times. Depends 3 on what the incident is. 4 Q. (By Ms. O'Neil-Baker) Would an incident 5 report be prepared if you were conducting surveillance 6 on a property? 7 A. Not necessarily. 8 Q. Is there any instance when an incident 9 report would be prepared during a surveillance? 10 MS. PELLETIER: Objection. Go 11 ahead. 12 THE WITNESS: If something were to 13 happen during the surveillance. 14 Q. (By Ms. O'Neil-Baker) Okay. You mean 15 like criminal activity would happen during the 16 surveillance? 17 MS. PELLETIER: Objection. Go 18 ahead. 19 THE WITNESS: That could be one 20 example, yes. 21 Q. (By Ms. O'Neil-Baker) If criminal 22 activity occurred during a surveillance, would you 23 prepare an incident report? 24 MS. PELLETIER: If he was the person 25 1 conducting the surveillance? 2 MS. O'NEIL-BAKER: Yes. 3 THE WITNESS: If I was the person 4 conducting the surveillance, yes. 5 Q. (By Ms. O'Neil-Baker) Did you 6 instruct -- do you instruct your officers to prepare 7 an incident report if any criminal activity was to 8 occur during a surveillance? 9 A. Yes. 10 Q. Have you ever participated in a 11 controlled drug buy? 12 A. Yes. 13 Q. How many times? 14 A. Twice. 15 Q. When was that? 16 A. I couldn't give you the exact dates, 17 but they were two of the buys leading up to the 18 search warrant. 19 Q. And that's in relation to the search 20 warrant of March 27 -- 21 A. Yes. 22 Q. Excuse me. The search warrant executed 23 on March 25th, 2003, and the search that actually took 24 place on March 27, 2003? 26 1 A. Yes. 2 Q. Prior to that, had you ever participated 3 in a controlled drug buy? 4 A. No. 5 Q. As part of your -- withdraw that 6 question. 7 Have you ever recruited a confidential 8 informant during your tenure as Chief? 9 A. No, I have not. 10 Q. As a police officer, had you ever done 11 that? 12 A. No, I have not. 13 Q. Currently, does your office use -- I will 14 withdraw that question. 15 Currently, do you as Chief have your 16 officers prepare activity logs for their daily 17 activities while they're on duty? 18 A. I don't understand the question. 19 Q. Okay. Is there any procedure that your 20 officers use to document what they do during the day 21 while they are on duty? 22 A. Yes. 23 Q. What do you use to document that? 24 A. The State Police dispatch who 27 1 dispatches for us. If we're making a motor 2 vehicle stop, they would call it in. If they go 3 to a call, they call it in. 4 Q. So, your officers call the State Police? 5 A. That's who dispatches for us. 6 Q. Okay. So, my question is, though, your 7 officers call the State Police and that documents 8 where -- what they're doing and where they're going? 9 A. Correct. 10 Q. So, if a 911 call comes in to the Holland 11 Police Department, it first goes to the State Police, 12 and then your officers are dispatched by the State 13 Police? 14 A. Correct. 15 Q. Is there a certain barracks, police 16 barracks that operates that? 17 A. New Braintree. 18 Q. So, other than the dispatch log that's 19 maintained by the State Police, do your officers keep 20 any other record of what they do while on duty? 21 MS. PELLETIER: Objection. Go 22 ahead. 23 THE WITNESS: I mean, from what 24 they're doing on duty could generate, they'd 28 1 have to do a report on a citation. If they 2 went on a medical call, they would do a report. 3 Q. (By Ms. O'Neil-Baker) So, if it was an 4 uneventful day, there were no calls, there's not a 5 separate log or documentation that the police officers 6 would fill out just to document what they did all day? 7 A. No. 8 Q. So, you have the State Police dispatch 9 log, correct? 10 A. Correct. 11 Q. And then if there's any individual or 12 separate calls that your officers have to go out on, 13 then they prepare documentation relevant to those 14 calls? 15 A. If required, yes. 16 Q. Is the Holland Police Department located 17 in any other town building? 18 A. It is located in the basement of the 19 Town Hall. 20 Q. And in the Town Hall, what other town 21 offices are located in the Town Hall? 22 A. You have the Board of Selectmen. You 23 have the Building Inspector. You have the 24 Assessors. You have Board of Health. The 29 1 Treasurer. The Accountant. And I'm sure I'm 2 missing a few. So, just the different boards are 3 all housed -- that is the only town building other 4 than the Highway Department and the Fire 5 Department. 6 Q. Are any of the -- and there would be the 7 Town Clerk too? 8 A. Town Clerk as well. 9 Q. Are any of those positions full-time 10 positions? 11 A. I believe some are, but I really 12 couldn't answer that. 13 Q. As Chief, is your position as Chief a 14 full-time position? 15 A. Yes, it is. 16 Q. Is the police department -- withdraw that 17 question. 18 Is the police department open twenty-four 19 hours a day? 20 A. No, it is not. 21 Q. Does it have regular hours that it's 22 open? 23 A. We have core hours but they vary. 24 Q. What are the core hours? 30 1 MS. PELLETIER: Now? 2 MS. O'NEIL-BAKER: Yes, now. 3 MS. PELLETIER: Go ahead. 4 THE WITNESS: Is that something I 5 have to reveal because that's not is something 6 we like people to know, when we're there and 7 when we're not there. 8 MS. PELLETIER: Can you tell me what 9 the relevance of this could possibly be to this 10 case? 11 Q. (By Ms. O'Neil-Baker) I'm going to try 12 to work around -- you're protecting that. 13 You have a full-time position, correct? 14 A. Correct. 15 Q. Do you work a regular set amount -- 16 regular scheduled hours? 17 A. I work core hours at least forty 18 hours a week. 19 Q. And your other officers, do they have the 20 same -- is there any second shift officers? 21 A. Yes. 22 Q. Are there third shift officers? 23 MS. PELLETIER: If by answering 24 these questions, effectively you're going to 31 1 reveal the core hours, then I'm going to 2 instruct him based on his testimony not to 3 answer it. If that's, you know, unfortunately 4 you can box in the questions and the answer's 5 going to be revealed as to what the core hours 6 are. 7 THE WITNESS: The way I can answer 8 that is there can be. We do switch things 9 around. 10 Q. (By Ms. O'Neil-Baker) Do you have any 11 clerical staff? 12 A. Yes. I have one clerk. 13 Q. That's not a police officer? 14 A. No. 15 Q. Is that a full-time position? 16 A. No, it's not. 17 Q. Can you tell me the difference -- excuse 18 me. Withdraw that question. 19 Have you ever filed a criminal complaint 20 against anyone? 21 A. Yes, I have. 22 Q. During your tenure as Chief, how many 23 times have you filed a criminal complaint against an 24 individual? 32 1 A. Many. Couldn't give you a number off 2 the top of my head. 3 Q. Have you ever issued a criminal summons 4 against anyone while Chief of the Holland Police 5 Department? 6 A. We don't issue summonses. The court 7 does. 8 Q. Have you ever executed a criminal 9 summons? 10 MS. PELLETIER: Objection. Go 11 ahead. 12 THE WITNESS: I don't understand 13 what you mean by executed. 14 Q. (By Ms. O'Neil-Baker) Have you ever 15 prepared a criminal summons against an individual in 16 your town while you've been Chief? 17 A. Again, we don't issue summonses. The 18 court does. We can make a request for a summons. 19 Q. How do you do that? 20 A. By filing a summons request. 21 Q. Have you ever done that? 22 A. Yes. 23 Q. As Chief, how many times have you done 24 that? 33 1 A. Many. 2 Q. Can you explain the difference between 3 filing a criminal complaint and filing a summons 4 request? 5 MS. PELLETIER: Objection. Go 6 ahead. 7 THE WITNESS: There's really not 8 much of a difference. 9 Q. (By Ms. O'Neil-Baker) Okay. Do you do 10 one in one situation and the other in another, or I'm 11 trying to figure out -- 12 A. Depends on the situation. 13 Q. When would you use -- when would you file 14 a criminal complaint? 15 MS. PELLETIER: Objection. Go 16 ahead. 17 THE WITNESS: Again, it would depend 18 on the circumstances of what the case was. 19 Q. (By Ms. O'Neil-Baker) I'm just trying to 20 understand your testimony. So, there isn't a 21 difference between filing a criminal complaint and 22 filing a request for a criminal summons? 23 A. I didn't say that. I said there's 24 not much of one. 34 1 Q. Can you tell me what difference there is? 2 A. That would be in the eyes of court. 3 It's -- I mean, we've asked for summonses. We've 4 asked for complaints. Sometimes they take a 5 complaint and issue a summons, so. 6 Q. Have you ever been inside the house at 90 7 Maybrook? 8 A. Yes. 9 Q. When did you first enter that house? 10 A. During the execution of the search 11 warrant. 12 Q. That was on March 27, 2003? 13 MS. PELLETIER: If you recall. If 14 you don't -- 15 THE WITNESS: I don't recall. That 16 sounds about right. 17 Q. (By Ms. O'Neil-Baker) What door did you 18 enter when you went into the house? 19 A. I couldn't tell you. 20 Q. Do you know how many doors the house had 21 at that time? 22 A. Off the top of my head, no. 23 Q. You were a resident of Holland, right? 24 A. Yes. 35 1 Q. Do you recall if the property at 90 2 Maybrook had a long or a short driveway? 3 A. Depends on what your definition of 4 short or long would be. 5 Q. Okay. How would you define it? 6 A. Well -- 7 MS. PELLETIER: Why don't you 8 describe the length of the driveway because I 9 don't know whether you're asking him to define 10 long or short or define the driveway. Can you 11 just have him -- 12 THE WITNESS: The driveway, we had 13 to go from the street, crossed over a small 14 bridge, and then I probably would say another 15 50 to 75 yards. 16 Q. (By Ms. O'Neil-Baker) So, you said that 17 the first time you went into the house at 90 Maybrook 18 was on the day that the search warrant was executed, 19 right? 20 A. Correct. 21 Q. You said you don't recall what door you 22 entered, but do you recall what floor of the house you 23 entered? 24 A. I believe I went through the 36 1 basement. 2 Q. As of March, 2003, do you know how many 3 different floors there were in that house? 4 A. I believe, including the basement, 5 there were three floors. 6 Q. In 2003, could you please describe the 7 makeup of your police department? 8 A. I don't understand the question. 9 Q. Earlier, you explained to me currently 10 how the staff is in your department today. 11 A. Mm-hmm. 12 Q. So, in 2003, could you explain the makeup 13 of your staff? 14 MS. PELLETIER: As of March of 2003? 15 MS. O'NEIL-BAKER: Yes. 16 THE WITNESS: Off the top of my 17 head, no. 18 Q. (By Ms. O'Neil-Baker) Was Ray Moorehouse 19 working in March, 2003, in your department? 20 A. Yes, he was. 21 Q. Was Brian Houghey? 22 A. Yes, he was. 23 Q. Was Herb Duggan? 24 A. No, he was not. 37 1 Q. Was Mark Pillsbury? 2 A. Yes, he was. 3 Q. Was John Moran? 4 A. Yes, he was. 5 Q. Do you recall if there was anyone else? 6 A. Ken Fitzgerald. 7 Q. Anyone else? 8 A. And Mark Pillsbury. 9 Q. Was Stacie Quinones working there? 10 A. I don't believe she was. 11 Q. At the time, was Ray Moorehouse a 12 Lieutenant? 13 A. No, he was not. 14 Q. Do you recall his position? 15 A. I believe at the time it was police 16 officer. 17 Q. How about Brian Houghey? 18 A. The same. 19 Q. And Pillsbury, officer? 20 A. Officer. 21 Q. And Moran, was he an officer? 22 A. He was Sergeant. 23 Q. And Ken Fitzgerald? 24 A. Officer. 38 1 Q. And that's everyone you can recall 2 working under you in March, 2003? 3 A. I believe Officer Serenity Splane was 4 there as well. 5 Q. Serenity Splane? 6 A. Mm-hmm. 7 Q. Is that two words? 8 A. Yes. 9 Q. Have you ever met David Bunn who also 10 goes by C.J. Bunn? 11 A. No, I have not. 12 Q. How about Judith Bunn? 13 A. Yes. 14 Q. When was the first time you met her? 15 A. I don't recall. 16 Q. Prior to March 27, 2003, had you ever met 17 her? 18 A. Not that I recall. 19 Q. Prior to March 27, 2003, had you ever 20 spoken to her? 21 A. Again, not that I recall. 22 Q. After March 27, 2003, had you ever met -- 23 have you ever met her? 24 A. Yes. 39 1 Q. When was the first time you met her that 2 you recall? 3 A. I believe it was at court. 4 Q. What court was that? 5 A. Palmer. 6 Q. How did you meet her in court? 7 A. She was there for the criminal 8 complaint. 9 Q. Do you recall when that was? 10 A. No, I do not. 11 Q. Did you speak to her on that day? 12 A. I couldn't tell you. 13 Q. Did you ever meet her face to face after 14 that court appearance? 15 A. Yes. 16 Q. When was that? 17 A. I couldn't tell you the exact date. 18 Q. What was the situation? 19 A. I was coming -- I was going down to 20 the District Attorney's Office and she was walking 21 in the hallway. 22 Q. Where was that? 23 A. Palmer court. 24 Q. Was it the same day? 40 1 A. No. 2 Q. Can you describe the interaction with 3 Judith Bunn on that day? 4 A. I believe as she was walking by, she 5 said, hello, Chief Gleason. I wasn't quite sure 6 who she was at first, and then I recognized her. 7 And at that time, she told me that I had to give 8 her back all her stuff, and I said, well, I'm 9 looking into refiling the charges. I'm not doing 10 anything yet. And I kept walking. 11 Q. Did she follow after you? 12 A. No, she did not. 13 Q. And that was the entirety of that 14 conversation? 15 A. To the best of my knowledge, yes. 16 Q. Did you ever meet her face to face after 17 that instance? 18 A. Face to face, not that I recall. 19 Q. Did you ever speak to her on the phone 20 after that instance? 21 A. After the incident in court? 22 Q. Correct, the one you just described. 23 A. I don't believe I have. 24 Q. So, from your recollection, you've only 41 1 interacted with her on two occasions? 2 A. No. She did call us after the search 3 warrant was executed and it was in the paper. She 4 called us up and I spoke to her on the phone then. 5 Q. Do you remember when that was? 6 A. Within a couple of days of the search 7 warrant being executed. 8 Q. What happened -- what was the 9 conversation? 10 A. She said, we're not the drug dealers 11 that the paper's making us out to be. 12 Q. And what did you say? 13 A. I said, yes, you are. We made three 14 buys out of your house. 15 Q. What did she say? 16 A. I don't recall. I ended the 17 conversation at that point. 18 Q. Any other conversations that took place 19 on the phone with Judith Bunn from between March 27, 20 2003, and the day you saw her in the Palmer court? 21 A. Not that I recall. 22 Q. So, from what you can recall, you had two 23 face-to-face interactions with her and one telephone 24 call? 42 1 A. To the best of my knowledge, yes. 2 Q. Have you ever met Cougar Bunn? 3 A. Trying to remember which one he is. 4 Is he the youngest son? 5 Q. Cougar Bunn is the youngest son. 6 A. Yes, I have. 7 Q. When did you first meet him? 8 A. I want to say at the Holland 9 elementary school. 10 Q. What were the circumstances surrounding 11 that? 12 A. Just I tried to -- at the beginning 13 of my career as the Police Chief, I tried to 14 interact with the school a lot. So, just in that 15 context of being at the school. 16 Q. Do you remember any other interaction 17 with him? 18 A. Off the top of my head, no. 19 Q. Have you ever met Christena Dodge? 20 A. Yes. 21 Q. When did you first meet her? 22 A. The day the search warrant was 23 executed. 24 Q. Did you meet her any other time after the 43 1 search warrant was executed? 2 A. Trying to remember if she was there 3 at the court. I believe she was there at the 4 court. 5 Q. Was that the same day that you met Judith 6 Bunn for the first time? 7 A. Yes. 8 Q. Did you speak to Christena on the day the 9 search warrant was executed? 10 A. No, I did not. 11 Q. Did you speak with her on the court date 12 in Palmer? 13 A. Not to my recollection, no. 14 Q. Have you ever spoken to her directly? 15 A. To my knowledge, no. 16 Q. Did you ever meet with her after the 17 court date, or did you ever meet her after the court 18 date in Palmer? 19 A. To my knowledge, no. 20 Q. So, your face-to-face interaction with 21 Christena Dodge is limited to those two instances, 22 correct? 23 A. To the best of my knowledge, yes. 24 Q. Have you ever met Jamie Dodge? 44 1 A. Yes. 2 Q. When did you first meet him? 3 A. The day of the search warrant being 4 executed. 5 Q. Did you ever meet with him face to face 6 after that day? 7 A. Not that I recall. 8 Q. Have you ever spoken to him? 9 A. Not that I recall, no. 10 Q. So, the only time that you have ever met 11 Jamie Dodge is on the day the search warrant was 12 executed? 13 A. I believe, yes. 14 MS. PELLETIER: Objection. Go 15 ahead. 16 Q. (By Ms. O'Neil-Baker) Did you say yes? 17 A. Yes. 18 Q. As far as you can remember, you've never 19 spoken directly to him? 20 A. Best I can remember, no. 21 Q. Have you ever met Daniel Collins? 22 A. I don't recall. 23 Q. Have you ever seen a picture of him? 24 A. Can I speak to you? 45 1 MS. PELLETIER: If it involves 2 gathering documents for counsel, you can just 3 simply indicate that it was involved in 4 gathering documents for counsel. 5 THE WITNESS: No. I'm actually a 6 little confused on Daniel Collins and Jamie 7 Dodge. 8 MS. PELLETIER: You can tell her 9 that. 10 Q. (By Ms. O'Neil-Baker) That's okay. 11 A. Okay. 12 Q. That's fine. Just tell me. 13 A. I met one of them. I don't think 14 I've met the other, but I couldn't tell you which 15 one of them I met. One of them was in the house 16 and I believe it's in my report. That's the only 17 one I've ever seen. 18 Q. Okay. So, between Jamie Dodge and Daniel 19 Collins, you know you've seen one of them? 20 A. Correct. The one that was in the 21 house and is in my report as being in the house. 22 Q. And the other one, you have had no 23 contact with? 24 A. No. As far as I know, no. 46 1 Q. Can you tell me what the Eastern Hampden 2 County Drug Task Force is? 3 A. That is a Task Force made up of -- 4 Eastern Mass. or Western Massachusetts? 5 Q. Eastern. 6 A. No. 7 Q. Okay. So, you don't know what that is? 8 A. No. 9 Q. Has the Holland Police Department ever 10 worked with any other law enforcement agencies? 11 A. Yes. 12 Q. While you've been a Chief? 13 A. Yes. 14 Q. What law enforcement agencies has the 15 Holland Police Department worked with? 16 MS. PELLETIER: Objection. Go 17 ahead. 18 THE WITNESS: We've worked with the 19 Massachusetts State Police. I have worked with 20 the SEMLAC team. I have worked with, I believe 21 it's the Western Massachusetts Drug Task Force. 22 Am I quoting that wrong? Is Sergeant Haley 23 part of the Eastern or Western Massachusetts 24 Drug Task Force? 47 1 MS. PELLETIER: I think the problem 2 is she's using Mass. as opposed to Hampden 3 County. It may be the eastern -- may be 4 eastern. I don't know. But if it's eastern, 5 it's eastern portion of Hampden County, not 6 Massachusetts. 7 THE WITNESS: Okay. 8 MS. PELLETIER: I think the Task 9 Force is by county. 10 THE WITNESS: The Task Force we use 11 is the one with Sergeant Haley on it. How's 12 that? 13 Q. (By Ms. O'Neil-Baker) All right. Okay. 14 So, Holland Police Department does work with a Drug 15 Task Force? 16 A. Yes. 17 Q. What's the name of that Drug Task Force? 18 A. That's where there's a bit of 19 confusion. I'm not sure if it's the Hampden 20 County Drug Task Force or Western Massachusetts 21 Drug Task Force. 22 Q. Okay. So, taking the issue of the name 23 out of it. 24 A. Okay. 48 1 Q. What different agencies make up that Drug 2 Task Force? 3 A. I believe it's police departments in 4 that region. 5 Q. So, there's a geographical region and 6 police departments from that geographical region come 7 together on a Task Force? 8 A. To the best of my knowledge, yes. 9 Q. Is it just police departments? 10 A. That, I couldn't answer. 11 Q. Have you personally ever participated 12 with the Drug Task Force? 13 A. As far as what? I'm not quite sure I 14 know -- 15 Q. Okay. Have you personally as Chief of 16 the Holland Police Department ever been part of the 17 Drug Task Force that we've been talking about? 18 A. A part of it meaning participating 19 with them? 20 Q. Right. 21 A. Other than using them for our town 22 for this search warrant, no. 23 Q. Have any of your officers been part of 24 the Drug Task Force? 49 1 A. No. 2 Q. Have you ever met Scott Haley? 3 A. Yes. 4 Q. When did you first meet him? 5 A. After we called them to assist us 6 with the information we had. 7 Q. That's in regards to 90 Maybrook Road? 8 A. Correct. 9 Q. So, prior to that, you had never met 10 Scott Haley? 11 A. No, I had not. 12 Q. Did you know -- did you know he existed 13 prior to that time? 14 A. I don't understand the question. 15 Existed how, as a police officer as -- 16 Q. In any way? 17 A. No, I did not. 18 Q. Do you know Chris Letandre, Leitandre or 19 Letandra? 20 A. Not to my knowledge. 21 Q. Do you know Steve Kasloski? 22 A. Not to my knowledge. 23 Q. Do you know Jeffrey Delessio? 24 A. Not to my knowledge. 50 1 Q. Do you know Dana Vignault? 2 A. Not to my knowledge. 3 Q. Do you know Steve Dickinson? 4 A. Not to my knowledge. 5 Q. Do you know Daniel McCarthy? 6 A. Yes, I do. 7 Q. Did you ever work with him? 8 A. He worked for me, yes. 9 Q. When did he work for you? 10 A. Several years ago. 11 Q. Was he an officer with the Holland Police 12 Department? 13 A. Yes, he was. 14 Q. Was he a Holland police officer in 2003? 15 A. I can't answer that question. 16 Q. Did you hire him? 17 A. Yes, I did. 18 Q. Do you know where he works now? 19 A. I believe he works for the Barre 20 Police Department. 21 Q. Why did he leave Holland? 22 A. To get a full-time job. 23 Q. Was he only working part time in Holland? 24 A. Yes. 51 1 Q. Do you know who Michael Moran is? 2 A. No, I do not. 3 Q. Do you know who James Wetleffer is? 4 A. Yes, I do. 5 Q. Who is that? 6 A. That is the current chairman of the 7 Board of Selectmen for the Town of Holland. 8 Q. When did he become chairman or Selectmen 9 chairman? 10 A. Two different things. Chairman, I 11 don't know if it's been just a year or two years, 12 might be two years. Selectman, I couldn't tell 13 you. I'm guessing at -- 14 MS. PELLETIER: Don't guess. 15 THE WITNESS: Then I couldn't tell 16 you. 17 Q. (By Ms. O'Neil-Baker) Do you know who 18 Andrew Cornell is? 19 A. No, I do not. 20 Q. Do you know who Ryan Haliday is? 21 A. No, I do not. 22 Q. Do you know who Earl Johnson is? 23 A. Yes, I do. 24 Q. Who is Earl Johnson? 52 1 MS. PELLETIER: Excuse me. With all 2 due respect, I don't know what we're doing, 3 what possible relevance the select board 4 members are, select board members which is 5 public record, but asking this witness a 6 variety of names of people who aren't parties 7 to this litigation and didn't participate in 8 this case, I'd like for the record to have some 9 understanding of what the purpose of this is. 10 MS. O'NEIL-BAKER: Okay. Your 11 objection is noted. 12 MS. PELLETIER: If you're not going 13 to tell me and you're going to continue on what 14 I consider to be a fishing expedition, I'd like 15 that documented and we may have to address it. 16 Jim Wetleffer and Earl Johnson are select 17 members in the Town of Holland, as a matter of 18 public record. I'm not going to have him 19 answer questions about a slew of individuals 20 that are unrelated to this case and that are 21 not parties to the litigation. He's not a 22 30(b)(6) deponent. 23 Q. (By Ms. O'Neil-Baker) When you told me 24 that -- earlier you testified that Chief Haapakoski 53 1 hired you? 2 A. Correct. 3 Q. But the appointment had to be approved, 4 correct? 5 A. Correct. 6 Q. Who had to approve that appointment? 7 A. The Board of Selectmen. 8 Q. In 2003, who approved your appointment as 9 Chief or 2001? 10 A. I wasn't Chief in 2001. 11 Q. Who approved your appointment as Chief in 12 2002? 13 A. I believe that was Earl Johnson, Jim 14 Wetleffer and Christian Peterson. 15 Q. So, there are three members of the board? 16 A. Three members of the board, but they 17 also had a search committee. 18 Q. That was part of the recruitment? 19 A. Correct. 20 Q. Have you ever been a defendant in a 21 lawsuit? 22 A. Yes, I have. 23 Q. How many times have you been a defendant 24 in a lawsuit? 54 1 A. Once. 2 Q. What was the name of that lawsuit? 3 A. Including this one, twice. 4 Q. What was the name of that lawsuit? 5 A. Quinones versus the Town of Holland. 6 Q. Is that case -- 7 A. Actually, there was another lawsuit 8 as well. 9 Q. What was that? 10 A. Peter Frye versus the Town of 11 Holland. 12 MS. PELLETIER: I can check that for 13 the record. I don't recall whether he was 14 named as a party or not. 15 MS. O'NEIL-BAKER: Okay. 16 Q. (By Ms. O'Neil-Baker) Is the Quinones 17 versus Town of Holland case still pending? 18 A. No, it's not. 19 Q. What was the outcome of that case? 20 A. It was settled. 21 Q. What was the date of that? 22 A. I couldn't tell you off the top of my 23 head. 24 Q. Were you deposed in that case? 55 1 A. No, I was not. 2 Q. And you might have been a defendant in 3 the case called Peter Frye versus Town of Holland? 4 A. Correct. 5 Q. Is that still pending? 6 MS. PELLETIER: No. 7 THE WITNESS: I don't know. 8 MS. PELLETIER: It was dismissed on 9 a motion to dismiss in the federal court. 10 Upheld by the First Circuit. 11 Q. (By Ms. O'Neil-Baker) What were the 12 allegations made against you by Stacie Quinones? 13 A. They were numerous. 14 Q. Do you remember what the basis was -- 15 MS. PELLETIER: Objection. 16 Q. (By Ms. O'Neil-Baker) -- for the 17 accusations? 18 MS. PELLETIER: I think he probably 19 could tell you there was no basis. Rephrase 20 the question. If you want to ask him generally 21 what the claim was about, you can. 22 Q. (By Ms. O'Neil-Baker) Do you remember 23 what her claims were against you? 24 A. The claims were of sexual harassment. 56 1 Q. Even though we don't know -- well, let me 2 ask you this: Do you know who Peter Frye is? 3 A. Yes, I do. 4 Q. Who is that? 5 A. Resident of the Town of Holland. 6 Q. It's unclear whether you were a defendant 7 or not in -- 8 A. I believe I was named in it. 9 Q. Do you know what his claims were in that 10 lawsuit? 11 A. Off the top of my head, no, I don't. 12 Q. Do you know who Sally Blais is? 13 A. Yes, I do. 14 Q. Who is that? 15 A. She's the former chairman of the 16 Board of Health. Actually, let me change that to 17 she was a member of the Board of Health. I'm not 18 sure if she was chairman. 19 Q. Do you know how long she was on the Board 20 of Health? 21 A. No, I don't. 22 Q. Is that a paid position? 23 A. I have no idea. 24 Q. Do you know who Richard Blease is? 57 1 A. What was the last name? 2 Q. B L E A S E. 3 A. Not to my knowledge, no. 4 Q. Do you know who Ronald Benoit is? 5 A. I've heard the name, but I don't know 6 who he is. 7 Q. Have you ever worked with Sally Blais? 8 MS. PELLETIER: Objection. Go 9 ahead. 10 THE WITNESS: I don't understand the 11 question. She was Board of Health. I was 12 Police Department. 13 Q. (By Ms. O'Neil-Baker) Was she on the 14 Board of Health while you were Chief? 15 A. I don't recall. 16 Q. But that office is part of the -- in the 17 same building as your department? 18 A. It's in the same building, yes. 19 Q. Do you know who Deborah Alstrom is? 20 A. Not to my knowledge, no. 21 Q. While you've been Chief of the Holland 22 Police Department, have you ever made any arrests -- 23 withdraw that question. 24 Have you ever issued press releases while 58 1 Chief of Police of Holland? 2 A. Yes, I have. 3 Q. How many? 4 A. I couldn't tell you. 5 Q. More than ten? 6 A. I can't answer that. 7 Q. Did you ever issue a press release after 8 the search of 90 Maybrook Road? 9 MS. PELLETIER: In connection with 10 that, is that the question? 11 MS. O'NEIL-BAKER: Correct. Yes. 12 MS. PELLETIER: In connection with 13 the search. 14 THE WITNESS: I believe the 15 reporters called us. 16 Q. (By Ms. O'Neil-Baker) Do you remember 17 what newspaper it was that contacted you? 18 A. I know the Southbridge Evening News. 19 I'm not sure if the Telegram and Gazette or the 20 Springfield Republican called. I don't recall. 21 Q. Is there a particular reporter or staff 22 writer that you generally talk to from the Telegram 23 and Gazette? 24 A. No. 59 1 Q. How about the Southbridge Evening News? 2 A. No. 3 Q. Do you know who Bill Fortier is? 4 A. I believe he's a reporter for the 5 Telegram and Gazette. 6 Q. Have you ever spoken to him before? 7 A. Yes, I have. 8 Q. Did you ever speak with him in relation 9 to the search of 90 Maybrook? 10 A. I don't recall. 11 Q. Earlier you testified that prior to March 12 27, 2003, you had never reviewed the search warrant or 13 the application for the search warrant or the 14 affidavit in support of the application for the search 15 warrant prior to March 27, 2003, correct? 16 A. I believe I stated not to my 17 knowledge, no. 18 Q. So, sitting here today, you don't 19 remember reading it prior to March 27, 2003? 20 A. I don't recall reading it prior to 21 that, no. 22 Q. When was the first time that you did see 23 the search warrant? 24 A. I believe I saw it the morning of the 60 1 execution of it. 2 Q. Prior to the execution or after? 3 A. Just prior. 4 Q. Can you recall specifically what you saw? 5 A. No. Just the -- I believe it was the 6 search warrant and it was showing the layout of 7 the house as well because we were doing a 8 briefing. 9 Q. A what? 10 A. A briefing. 11 Q. So, you recall reading the search warrant 12 itself, correct? 13 MS. PELLETIER: That's not what he 14 testified to. 15 THE WITNESS: That's not what I 16 said. 17 Q. (By Ms. O'Neil-Baker) Okay. What did 18 you read? 19 A. I believe it was something -- I 20 believe it was the search warrant, but we were 21 doing a briefing and it also had -- whatever I was 22 looking at also had pictures of the layout of the 23 house, the inside of the house. 24 Q. Where did the briefing take place? 61 1 A. At the State Police barracks in 2 Sturbridge. 3 Q. That was on March 27, 2003? 4 A. If that's the date that we executed 5 the search warrant, yes. 6 Q. Who was present at that briefing? 7 A. A lot of people that I didn't know. 8 Q. You were there? 9 A. I was there. Sergeant Haley was 10 there. As far as naming anybody else that was 11 there, I couldn't do it. 12 Q. Were any other Holland officers there? 13 A. I believe Ray Moorehouse and Ken 14 Fitzgerald were there. 15 Q. Were there any Massachusetts State 16 Police? 17 A. Yes, there were. 18 Q. Do you recall how many? 19 A. No, I do not. 20 Q. Were there any individuals from the Task 21 Force that Haley was part of? 22 A. There were a number of individuals 23 there. I know Sergeant Haley was there. As far 24 as who the other people were, I do not know. 62 1 Q. What type of uniform were the 2 Massachusetts State Police wearing at the briefing? 3 A. Their regular dress uniform or daily 4 uniform. I shouldn't say dress uniform. 5 Q. How about the Holland officers, what were 6 they wearing? 7 A. I believe they were wearing their 8 uniforms as well. 9 Q. How about yourself? 10 A. I believe I had my uniform on. 11 Q. Were there any other -- were the other 12 individuals in the room wearing other different 13 outfits than the Massachusetts State Police uniform 14 and the Holland police uniform? 15 A. The other individuals in the room, I 16 don't recall anyone else having a uniform on. 17 Q. Do you recall what they were wearing? 18 A. No. Plainclothes. 19 Q. Approximately how many people were there 20 at that briefing? 21 A. I couldn't tell you. 22 Q. Was it more than twenty? 23 A. I couldn't tell you. 24 Q. Was it more than fifty? 63 1 A. Oh, no. 2 Q. Were cop -- you explained that you read 3 something that morning at the briefing, correct? 4 MS. PELLETIER: He didn't say that. 5 You keep changing the term. That's the 6 problem. You asked him initially if he read 7 something and then you asked him if he saw 8 something and those are two very different 9 words. He responded that he saw something and 10 you keep trying to say that he read it. That's 11 my problem with it. I don't know if that's 12 your problem with it. There's a clear 13 distinction between seeing something and 14 reading it. 15 MS. O'NEIL-BAKER: All right. 16 Q. (By Ms. O'Neil-Baker) So, at the 17 briefing, you saw something, correct? 18 A. Correct. 19 Q. And earlier you described it as the 20 search -- maybe the search warrant, but it had the 21 layout, a drawing of the layout? 22 A. Correct. 23 Q. Just for the ease of things, can we call 24 that the packet that we've identified as that 64 1 something that you had, can we just call it the 2 packet? 3 A. Yeah. 4 Q. Just for the ease. 5 MS. PELLETIER: You're calling the 6 packet whatever it is he saw? 7 MS. O'NEIL-BAKER: Whatever he saw. 8 MS. PELLETIER: That's fine. 9 THE WITNESS: Right. 10 Q. (By Ms. O'Neil-Baker) So, just for 11 now -- 12 A. Okay. 13 Q. -- that packet, did everyone get a copy 14 of that packet? 15 A. I couldn't tell you that. 16 Q. Did you yourself receive a copy of that 17 packet? 18 A. I didn't receive one. There was one 19 on the table that I looked at. 20 Q. So, that packet, there was one copy of 21 that packet? 22 A. I can't answer that. I know there 23 was more than one, but I couldn't tell you how 24 many. 65 1 Q. So, when you saw that packet, it was 2 on -- 3 A. A conference table similar to this 4 one. 5 Q. Did you ever read what was in the packet? 6 A. I glanced through it. 7 Q. Do you recall seeing your name anywhere 8 in the packet? 9 A. I don't recall seeing my name 10 anywhere, no. 11 Q. How long did the briefing last? 12 A. Less than a half an hour. 13 Q. What happened after the briefing ended? 14 A. We executed the search warrant. 15 Q. So, you were at the State Police barracks 16 in Sturbridge, correct? 17 A. Mm-hmm. 18 MS. PELLETIER: Yes, for the record? 19 THE WITNESS: Yes. I'm sorry. 20 Q. (By Ms. O'Neil-Baker) How did you travel 21 from the State Police barracks in Sturbridge to 90 22 Maybrook? 23 A. In the one of the Holland police 24 cruisers. 66 1 Q. Cruisers? 2 A. Yes. 3 Q. Okay. Who was with you in that police 4 cruiser? 5 A. I don't believe anybody was with me. 6 Q. Was that your own vehicle? 7 A. No. It was the Holland police 8 cruiser. 9 Q. Do you as Chief have your own vehicle 10 assigned to you currently? 11 A. Yes. 12 Q. In 2003, did you have a vehicle assigned 13 to you? 14 A. Yes, I did. 15 Q. So, the vehicle that you traveled from 16 the State Police barracks to 90 Maybrook, was that the 17 vehicle that had been assigned to you? 18 A. I don't recall if that was the 19 vehicle or we took a different vehicle. I 20 couldn't tell you that. 21 Q. Do you know how the other Holland police 22 officers traveled from the State Police barracks to 90 23 Maybrook Road? 24 A. The other Holland police cruisers. 67 1 Q. Do you know what vehicles the 2 Massachusetts State Police took to 90 Maybrook Road? 3 A. Mass. State Police cruisers. 4 Q. And do you know how the other individuals 5 that you are unable to identify traveled from the 6 State Police barracks to 90 Maybrook? 7 A. I'm assuming private vehicles because 8 there were no other marked cruisers. 9 Q. Did you all travel together? 10 A. Yes. 11 Q. How long is the ride from the State 12 Police barracks to 90 Maybrook? 13 A. Ten to fifteen minutes. 14 Q. What time did you arrive at 90 Maybrook? 15 A. I couldn't tell you. 16 Q. When were you notified of the briefing? 17 A. I couldn't tell you. 18 Q. Do you recall how much advanced notice 19 you had that the search warrant was to be executed on 20 March 27? 21 A. No, I don't. 22 Q. Do you recall how you were made aware 23 of -- how you were made aware that the search warrant 24 was to be executed on March 27? 68 1 A. I believe I spoke to Sergeant Haley. 2 Q. How were your officers, Moorehouse, 3 Fitzgerald, and that's it, how did they -- do you know 4 how they found out about the briefing? 5 A. From me. 6 Q. Did you also tell them that the search 7 warrant was to be executed? 8 A. I'm sure I did. 9 Q. Did you provide any of your officers with 10 any documentation regarding the search warrant prior 11 to the search warrant being executed? 12 A. Unless they saw the same packet that 13 I saw, no, nothing was handed to them. 14 Q. So, you personally did not provide them 15 with any documentation regarding the search warrant on 16 90 Maybrook? 17 A. No, I did not. 18 Q. Did you provide them with any information 19 verbally about the search of 90 Maybrook prior to the 20 actual search? 21 MS. PELLETIER: Objection. Go 22 ahead. 23 THE WITNESS: I'm not sure what -- I 24 mean, what kind of information are you looking 69 1 for? 2 Q. (By Ms. O'Neil-Baker) Okay. You 3 testified that you notified them that there was going 4 to be a briefing, correct? 5 A. Correct. 6 Q. Did you notify them that -- did you 7 personally notify them that a search warrant was to be 8 executed on 90 Maybrook? 9 A. Yes, I did. 10 Q. Did you give them any information as to 11 who the individuals were that lived at 90 Maybrook, 12 this is all prior to the execution of the warrant? 13 A. I don't know if I did, but it was 14 knowledge throughout the police department that we 15 had been working on this. 16 Q. When you say working on this, you mean 17 preparing the search warrant? 18 A. The investigation. 19 Q. So, working on the investigation? 20 A. Correct. 21 THE WITNESS: Can I just ask a 22 question? 23 MS. PELLETIER: Let's take a break. 24 MS. O'NEIL-BAKER: Do you want to 70 1 take a break? 2 THE WITNESS: Yes. 3 (A recess was taken) 4 MS. O'NEIL-BAKER: Back on the 5 record. 6 Q. (By Ms. O'Neil-Baker) So, earlier you 7 said you testified that your office had contacted 8 Scott Haley for assistance with the property at 90 9 Maybrook, is that correct? 10 MS. PELLETIER: Objection. 11 THE WITNESS: We had contacted the 12 Drug Task Force. 13 Q. (By Ms. O'Neil-Baker) We still haven't 14 defined what the real name of that is, but for 15 purposes of our conversation, the Drug Task Force 16 Agent Haley works on? 17 A. Correct. 18 Q. So, did you personally contact the Drug 19 Task Force or someone else from your department? 20 A. I don't recall if it was myself or 21 Sergeant Moran. 22 Q. Why was that contact made? 23 A. Because we had an individual who had 24 given us information. 71 1 Q. Was the information about the residence 2 of 90 Maybrook Road? 3 A. Correct. 4 Q. Was it about a resident in particular of 5 90 Maybrook or the property itself? 6 A. The property itself. 7 Q. Who gave you that information? 8 MS. PELLETIER: Objection. He's not 9 going to answer the identity of the 10 confidential informant. 11 Q. (By Ms. O'Neil-Baker) Okay. So, the 12 individual that gave you that information is the 13 confidential informant? 14 A. Correct. 15 Q. So, an individual who from here on out 16 I'll identify as the confidential informant gave you 17 information about the individuals who lived at 90 18 Maybrook Road? 19 MS. PELLETIER: Objection. Go 20 ahead. 21 THE WITNESS: Correct. 22 Q. (By Ms. O'Neil-Baker) And did that 23 individual give you the information directly? 24 A. No, he did not. 72 1 Q. Who did he give the information to? 2 A. I believe Sergeant Moran. 3 Q. Did Sergeant Moran tell you what 4 information the confidential informant gave to him? 5 A. Yes, he did. 6 Q. What did he state, what did Sergeant 7 Moran tell you the confidential informant had told 8 him? 9 A. I cannot give you word to word. 10 Q. Okay. What was the general topic of the 11 information? 12 A. That the residents at 90 Maybrook 13 were selling marijuana. 14 Q. When did that information -- when were 15 you notified of that information? 16 A. I couldn't give you the exact date, 17 but it was the day after that Sergeant Moran -- it 18 was given to Sergeant Moran. 19 Q. So, Sergeant Moran was given information 20 by the confidential informant, and then the next day, 21 Sergeant Moran relayed that information to you? 22 A. Correct. 23 Q. And the general idea of the information 24 was that residents of 90 Maybrook were selling 73 1 marijuana? 2 A. Correct. 3 Q. What did you do after Sergeant Moran told 4 you that? 5 A. I don't recall if I told him to 6 contact the Drug Task Force or if he told me he 7 was going to contact the Drug Task Force or asked 8 me if he should contact the Task Force. One of 9 the two. I don't recall which one it was. It was 10 decided to contact the Drug Task Force. 11 Q. And you were Sergeant Moran's supervisor 12 at the time? 13 A. Correct. 14 Q. Without telling me who the confidential 15 informant was, prior to contacting the Drug Task 16 Force, had you met -- had you personally met with the 17 confidential informant? 18 A. No. 19 Q. Did Sergeant Moran tell you who the 20 confidential informant was? 21 A. Yes. 22 Q. Prior to contacting the Drug Task Force, 23 did you have previous contact with that confidential 24 informant? 74 1 A. Prior to him giving us information? 2 Q. Prior to you contacting -- prior to the 3 contact with the Drug Task Force? 4 A. I'm sorry. Can you ask the question 5 again? 6 Q. Sure. Okay. So, prior to the initial 7 contact with the Drug Task Force, did you personally 8 have any contact with that confidential informant? 9 A. No. 10 Q. Ever? 11 A. No. 12 Q. But Sergeant Moran told you of that 13 person's identity? 14 A. Correct. 15 Q. With that initial contact with the Drug 16 Task Force, what specific help did you ask for? 17 MS. PELLETIER: Objection. Go 18 ahead. 19 THE WITNESS: How to proceed. 20 Q. (By Ms. O'Neil-Baker) What happened 21 next? 22 MS. PELLETIER: Objection. Go 23 ahead. 24 THE WITNESS: I believe that we were 75 1 told how to proceed and that they would help 2 us. 3 Q. (By Ms. O'Neil-Baker) So, even though 4 you don't remember who made that initial contact, at 5 some point did you speak directly with someone from 6 the Drug Task Force? 7 A. Yes. 8 Q. Who did you speak with directly? 9 A. Sergeant Haley. 10 Q. Sergeant? 11 A. I believe he is Sergeant Haley, yes. 12 Q. Do you recall when this was that you 13 personally had direct contact with Sergeant Haley 14 regarding 90 Maybrook Road? 15 A. The exact date, no. 16 Q. Was it in 2003? 17 A. I can't answer that. 18 Q. When you made that initial contact with 19 the Drug Task Force, did you create any type of file 20 on 90 Maybrook Road? 21 A. I believe Sergeant Moran did. 22 Q. Is there any specific form or paperwork 23 that you in your department used in 2003 when an 24 investigation was started on an individual or 76 1 property? 2 A. I don't recall. 3 MS. PELLETIER: Objection. Go 4 ahead. 5 Q. (By Ms. O'Neil-Baker) You don't recall? 6 A. No. 7 Q. Is there currently any type of form or 8 report used when an investigation is started? 9 MS. PELLETIER: Objection. Go 10 ahead. 11 THE WITNESS: When an investigation 12 is started, it could be as simple as a field 13 interview form. 14 Q. (By Ms. O'Neil-Baker) Was a field 15 interview form filled out by you regarding this 16 investigation? 17 A. No, it was not. 18 Q. Was a field interview form ever filled 19 out by Sergeant Moran regarding this investigation? 20 A. I don't believe there was. 21 Q. Was there anything -- was any document or 22 record created at the inception of this investigation? 23 A. I don't understand the question. 24 Q. Was there any record kept of that initial 77 1 contact with the Drug Task Force on this 2 investigation? 3 A. Not to my knowledge. 4 Q. Was there any record kept on the initial 5 contact between the confidential informant and 6 Sergeant Moran? 7 A. No. 8 Q. Was there any record or report created by 9 you regarding your discussion with Sergeant Moran 10 regarding that first information received by the 11 confidential informant? 12 A. I believe there was a document 13 initiated by Sergeant Moran about the information 14 that he received. It would be in that packet. 15 Q. The packet that your attorney gave to me 16 at the beginning of the deposition? 17 A. I don't know. I didn't see what was 18 in the packet that she gave you. 19 MS. O'NEIL-BAKER: Do you know where 20 the packet is? 21 MS. PELLETIER: I do but I don't 22 think there's a document that discusses that 23 individual in that packet. We can check that 24 at the lunch break. 78 1 MS. O'NEIL-BAKER: Okay. Am I 2 getting the packet back? 3 MS. PELLETIER: Yes. It just 4 included things that were outside of the scope 5 of those requests, things that were in our 6 file. 7 MS. O'NEIL-BAKER: Okay. 8 Q. (By Ms. O'Neil-Baker) From your 9 understanding, Sergeant Moran prepared a document with 10 the information from the confidential informant? 11 MS. PELLETIER: Objection. Go 12 ahead. 13 THE WITNESS: My recollection is 14 that I believe he just made a generalized 15 statement in a form that he had received 16 information about the 90 -- the residence at 90 17 Maybrook. 18 Q. (By Ms. O'Neil-Baker) Did you review 19 that document at any time? 20 A. I'm sure I did. 21 Q. Was that document maintained in a file on 22 the property? 23 MS. PELLETIER: Objection. Go 24 ahead. 79 1 THE WITNESS: I'm not sure. 2 Q. (By Ms. O'Neil-Baker) So, you've 3 explained that at some point you spoke directly with 4 Sergeant Haley after your office initiated a request 5 for help from the Drug Task Force? 6 A. Correct. 7 Q. And Sergeant Haley explained to you how 8 to proceed with your investigation, is that correct? 9 MS. PELLETIER: Objection. Go 10 ahead. 11 THE WITNESS: I don't recall the 12 exact wording of the conversation, but it was 13 more of how -- correct, how to proceed with the 14 investigation. 15 Q. (By Ms. O'Neil-Baker) Okay. At any 16 point did the Drug Task Force work with you directly 17 on your investigation? 18 MS. PELLETIER: Objection. Go 19 ahead. 20 THE WITNESS: We more or less were 21 handing off the investigation to the Drug Task 22 Force. 23 Q. (By Ms. O'Neil-Baker) Okay. So, when 24 Agent Haley was instructing you how to proceed in that 80 1 conversation, was he telling you that the Drug Task 2 Force was going to take over? 3 A. Absolutely not. 4 Q. Okay. Explain what he -- what did 5 Sergeant Haley tell you to do? 6 A. He wanted to speak to the 7 confidential informant. 8 Q. Okay. 9 A. And I believe that was the gist of 10 our conversation. 11 Q. What happened next? 12 A. I believe a meeting was set up 13 between Sergeant Haley and the confidential 14 informant. 15 Q. Did you set that meeting up? 16 A. I believe Sergeant Haley was working 17 with Sergeant Moran on that. 18 Q. Did Sergeant Moran give you any updates 19 on his work with Sergeant Haley on the investigation? 20 MS. PELLETIER: Objection. Go 21 ahead. 22 THE WITNESS: Once it started to 23 proceed, yes. 24 Q. (By Ms. O'Neil-Baker) So, from your 81 1 recollection, Sergeant Moran set up a meeting between 2 the confidential informant and Sergeant Haley? 3 A. That's my belief, yes. 4 Q. What was your next direct involvement 5 with the investigation of 90 Maybrook? 6 A. We had a layoff in the Town of 7 Holland. Unfortunately, Sergeant Moran was caught 8 in that layoff. And so, he had gone on I believe 9 one of the buys, and then I had to pick up the 10 ball when Sergeant Moran was gone. 11 Q. So, at some point during the 12 investigation, Sergeant Moran was laid off? 13 A. Correct. 14 Q. And were you involved in the decision to 15 lay him off? 16 A. Yes, I was. 17 Q. Were you the decision maker in that? 18 A. We really didn't have much of a 19 choice. 20 Q. Okay. Were any other officers laid off? 21 A. No. 22 Q. Was Sergeant Moran a part-time or 23 full-time employee? 24 A. Part-time. 82 1 Q. At that point when -- 2 A. Actually, I take that back. He was 3 full time at the time, and that's why we didn't 4 have a choice. 5 Q. At the time that Sergeant Moran was laid 6 off, did you assume responsibility of that 7 investigation? 8 MS. PELLETIER: Objection. Go 9 ahead. 10 THE WITNESS: I assumed 11 responsibility for the investigation as far as 12 the Holland Police Department was concerned. 13 Q. (By Ms. O'Neil-Baker) So, at the time 14 that Sergeant Moran was laid off, was the 15 investigation on 90 Maybrook Road assigned to any 16 other officer or Sergeant? 17 A. No. 18 Q. So, as far as the Holland Police 19 Department was concerned, you took over the 20 investigation of 90 Maybrook? 21 MS. PELLETIER: Objection. Go 22 ahead. 23 THE WITNESS: Being the only other 24 full-time officer, yes. 83 1 Q. (By Ms. O'Neil-Baker) And no other 2 Holland police officer was assigned or worked on that 3 investigation? 4 A. No. 5 Q. At that point when you began working on 6 the investigation instead of Sergeant Moran, did you 7 review Sergeant Moran's file on 90 Maybrook? 8 MS. PELLETIER: Objection. Go 9 ahead. 10 THE WITNESS: There really wasn't 11 much of a file because the Drug Task Force was 12 leading the charge. 13 Q. (By Ms. O'Neil-Baker) Earlier you 14 testified that when the investigation was started, a 15 file was created? 16 MS. PELLETIER: Objection. Go 17 ahead. 18 THE WITNESS: I testified that 19 Sergeant Moran I believe made a document about 20 the information that he was given. 21 Q. (By Ms. O'Neil-Baker) I'm sorry. I must 22 have misunderstood. 23 Was that document -- where was that 24 document maintained? 84 1 A. In our computer. 2 Q. So, it wasn't actually printed out? 3 A. I can't answer that. 4 Q. So, besides that one document that you 5 already described, was there any other notes or 6 records kept by the Holland Police Department on the 7 investigation of 90 Maybrook Road at the time that 8 Sergeant Moran was laid off? 9 A. I believe there was a newspaper 10 article that we received concerning one of the 11 residents. 12 Q. Was that David Bunn? 13 A. Yes. 14 Q. Do you know how you received that? 15 A. I don't recall. 16 Q. But at the point that Sergeant Moran was 17 laid off, that newspaper article was part of the file? 18 MS. PELLETIER: Objection. Go 19 ahead. 20 THE WITNESS: I don't believe there 21 was a file, and I'm not sure when we got the 22 newspaper article. It was sometime between 23 Sergeant Moran being laid off and the execution 24 of the search warrant. 85 1 Q. (By Ms. O'Neil-Baker) Did you yourself 2 obtain a copy of the newspaper article? 3 A. Yes. 4 Q. How did you get that newspaper article? 5 A. I believe I called the Southbridge 6 Evening News for it. 7 Q. What was the article about? 8 A. Mr. Bunn had made a protest at a 9 convenience store or a gas station because they 10 removed the magazine High Times from the shelf. 11 Q. And that convenience store was in 12 Holland? 13 A. No. Southbridge, I believe. 14 Q. So, it was an actual news article? 15 A. Yes. 16 Q. Do you recall who gave you a copy of the 17 article? 18 A. No. 19 Q. Was it someone from the newspaper, 20 though? 21 A. I believe it was. 22 Q. Were you aware of that article prior to 23 contacting the Southbridge Evening News? 24 A. I had been told about it. I couldn't 86 1 tell you who told me about it. 2 Q. What did you do with that newspaper 3 article? 4 A. I shared it with Sergeant Haley. 5 Q. Prior to March of 2003, did you ever meet 6 with Haley face to face? 7 A. Prior to March of 2003? Not that I 8 recall. 9 Q. Prior to the execution of the search 10 warrant on March 27, actually, prior to March 27, 11 2003, had you ever met face to face with Sergeant 12 Haley? 13 A. Yes. 14 Q. Do you recall the first time you met him 15 face to face? 16 A. No, I do not. 17 Q. Do you recall the circumstances in which 18 you actually met with him face to face? 19 A. I believe it was when we were talking 20 about how to proceed with the investigation. 21 Q. Okay. So, earlier we were talking about 22 your first contact with Sergeant Haley, correct? 23 A. Yes. 24 Q. So, the first time you had contact with 87 1 him directly that you can recall was face to face? 2 A. No. That would be a phone 3 conversation. 4 Q. Okay. So, the initial contact that you 5 recall where you made direct contact with Sergeant 6 Haley was with a phone call? 7 A. Yes. But I'm not sure if I made the 8 phone call to him in regards to asking for the 9 Drug Task Force help or if that was Sergeant 10 Moran, but I do remember I did speak to him at 11 some point. 12 Q. And then at a different time, you 13 actually met with him in person? 14 A. Yes. 15 Q. Prior to the Holland Police Department 16 making contact with the Drug Task Force about this 17 property, you had never spoken with Scott Haley or met 18 with him before? 19 A. Not that I recall, no. 20 Q. From the first time you met with Scott 21 Haley until March 27, 2003, how many times did you 22 actually meet in person with Scott Haley? 23 MS. PELLETIER: Objection. Go 24 ahead. 88 1 THE WITNESS: I couldn't tell you 2 the number of times. 3 Q. (By Ms. O'Neil-Baker) Do you recall if 4 you spoke with him on the phone on a weekly basis from 5 that initial contact that you had with him until March 6 27, 2003? 7 A. I don't recall if it was just by 8 phone, in person, how many conversations we had. 9 Q. Did you ever keep notes of your 10 conversations with Agent Haley? 11 A. No. 12 Q. Did you ever keep any notes at all 13 regarding your own personal involvement in the 14 investigation of 90 Maybrook? 15 A. No. We were there to assist them. 16 Q. Okay. So, you personally kept no 17 records? 18 A. Correct. 19 Q. Do you recall meeting with Agent Haley at 20 the Holland Police Department prior to March 27, 2003? 21 A. Is March 27 the day we executed 22 the -- 23 Q. Yes. 24 A. Yes. 89 1 Q. You do recall meeting at the Holland 2 Police Department with Scott Haley? 3 A. Yes. 4 Q. How many times did you meet with him at 5 the police department? 6 A. Twice that I recall. 7 Q. Did you ever meet with him at a different 8 location? 9 A. I'm not sure. 10 Q. So, from what you recall, a meeting was 11 set up between Haley and the confidential informant, 12 correct? 13 A. That's my recollection, yes. 14 Q. Did you ever meet directly with the 15 confidential informant? 16 A. No. Okay. I'm not sure how to 17 answer that. Because when I did go on the two -- 18 MS. PELLETIER: He's I think already 19 indicated he participated in -- I'm sure you'll 20 get to it chronologically -- participated in 21 two buys while the confidential informant was 22 there, but up to the point that you're at, I 23 think that's why he's struggling with the 24 question. 90 1 THE WITNESS: I'm sorry. I assume 2 you meant just by one-on-one. No, I did not. 3 Q. (By Ms. O'Neil-Baker) Okay. I'll be 4 happy to clarify. 5 A. Okay. 6 Q. So, I'm going to ask it broad, all right? 7 A. Okay. 8 Q. Did you ever -- was there ever a 9 situation where you actually personally met with the 10 confidential informant? 11 MS. PELLETIER: Objection. Go 12 ahead. 13 THE WITNESS: Yes. 14 Q. (By Ms. O'Neil-Baker) Tell me if I'm 15 misstating this, but prior to Sergeant Moran telling 16 you about the confidential informant, you had never 17 met the confidential informant? 18 A. Correct. 19 Q. From the time that Sergeant Moran told 20 you about the confidential informant and March 27, 21 2003, you did personally meet with the confidential 22 informant? 23 MS. PELLETIER: Objection. Go 24 ahead. 91 1 THE WITNESS: Twice that I know of. 2 Q. (By Ms. O'Neil-Baker) Tell me about the 3 first time you recall meeting with the confidential 4 informant. 5 MS. PELLETIER: Objection. Go 6 ahead. 7 THE WITNESS: It was when we were 8 doing I believe the second controlled buy from 9 90 Maybrook. 10 Q. (By Ms. O'Neil-Baker) Do you recall what 11 date that was? 12 A. No, I do not. 13 Q. Do you recall if it was in March of 2003? 14 A. I don't recall. 15 Q. Is there any documentation that would 16 help you remember the date? 17 A. I'm not sure. 18 Q. Tell me what interaction you had with the 19 confidential informant during that, what you've 20 entitled the second controlled buy? 21 A. Very little. An introduction as to 22 who I was. And that was about it. 23 Q. Where did you introduce yourself? 24 A. I believe it was in Sergeant Haley's 92 1 vehicle and I believe Sergeant Haley made the 2 introductions. I didn't. 3 Q. So, you, the confidential informant and 4 Sergeant Haley were in his vehicle? 5 A. Correct. 6 Q. Was there anyone else present? 7 A. I know on one of the two buys that I 8 went on, his girlfriend showed up, but I don't 9 think she went with us on anything. I don't 10 believe she did. I think she stayed in the car 11 when we first met with him. So, no. 12 Q. The confidential informant's girlfriend? 13 A. Correct. 14 Q. Not Scott Haley's girlfriend? 15 A. No. That would upset his wife. 16 Q. Where was the vehicle located when that 17 introduction was made? 18 A. I don't recall. I don't recall where 19 we met. 20 Q. What happened after you were introduced 21 to the confidential informant? 22 A. Sergeant Haley explained what was 23 going to happen, what they were going to do. They 24 had already done it once. And we went from there. 93 1 Q. Where did you go from there? 2 A. Sergeant Haley searched the 3 confidential informant to make sure he had nothing 4 else on him, no drugs, no money. I don't know 5 what else he searched him for. He was given a 6 quantity of money by Sergeant Haley, and then we 7 then proceeded to an area close to 90 Maybrook. 8 Q. What happened next? 9 A. The confidential informant left the 10 vehicle. We watched him walk up the driveway. A 11 certain amount of time passed. Confidential 12 informant returned to the vehicle. We watched him 13 leave the house, return directly to our vehicle. 14 He handed Sergeant Haley a quantity of marijuana. 15 He was then searched again to make sure he had no 16 other money, no other drugs on him or whatever 17 else Sergeant Haley was frisking him for. 18 Q. What happened next? 19 A. I believe we took the informant back 20 to where we had picked him up. 21 Q. What did the confidential informant tell 22 you after he returned to the car? 23 A. I don't recall. Sergeant Haley asked 24 him some questions. I don't recall what the 94 1 questions were. 2 Q. Did you ask the confidential informant 3 anything? 4 A. No, I did not. 5 Q. There was a second time? 6 A. Yes. 7 Q. Explain that time to me. 8 A. Well, almost exactly as the first 9 time. 10 Q. So, you met with Sergeant Haley and the 11 confidential informant in Sergeant Haley's vehicle? 12 A. Yes. 13 Q. And then you drove to a location near 90 14 Maybrook? 15 A. After doing all the things -- the 16 other things that he had done previously. 17 Searching him and making sure he had nothing on 18 him. 19 Q. So, Haley performed the search on the 20 confidential informant? 21 A. Yes. Both times in my presence. 22 Q. What time of day was that second 23 controlled buy? 24 A. I believe they were both in the 95 1 evening, but I couldn't narrow it down on time. 2 Q. So, both the second and the third -- 3 A. I believe they were. I know at least 4 one of them was at night time. 5 Q. For the second controlled buy when the 6 confidential informant returned to the car, did he 7 explain who had sold him the marijuana? 8 A. I don't recall. 9 Q. Was that of interest to you? 10 MS. PELLETIER: Objection. Go 11 ahead. 12 THE WITNESS: I don't understand the 13 question. 14 Q. (By Ms. O'Neil-Baker) Were you 15 interested in who sold him the marijuana? 16 MS. PELLETIER: Objection. Go 17 ahead. 18 THE WITNESS: It came from the 19 residence. I wasn't interested in who. 20 Q. (By Ms. O'Neil-Baker) You didn't want to 21 know who actually -- 22 A. It's not that I don't want to know. 23 I don't recall him saying who it was and I didn't 24 ask any questions. I was there more as a 96 1 witness/observer. 2 Q. You don't recall if Sergeant Haley asked 3 who actually sold the marijuana to the confidential 4 informant? 5 A. I don't recall that, no. 6 Q. Do you recall if he indicated it was one 7 of the residents of that property? 8 A. I don't recall. 9 Q. Did you keep any notes of this meeting? 10 A. No, I did not. 11 Q. With the third controlled buy, do you 12 recall if Sergeant Haley asked who sold the 13 confidential informant the marijuana? 14 A. As I testified to a minute ago, I 15 don't recall that. No. 16 Q. And on the third controlled buy, when the 17 confidential informant returned to the car, did you 18 ask him any, him or her anything? 19 A. I had no questions for him at either 20 time. 21 Q. On the third controlled buy, was anyone 22 else in the vehicle besides you, Sergeant Haley and 23 the confidential informant? 24 A. Not that I recall. 97 1 Q. Were you in the front seat or the back 2 seat? 3 A. Front seat. 4 Q. For both times? 5 A. Yes. 6 Q. What happened after the third controlled 7 buy? 8 A. Sergeant Haley said he was going to 9 do the search warrant and he would let me know. 10 Q. Sergeant Haley told you that he would 11 prepare the search warrant? 12 A. Correct. 13 Q. As far as you can remember, he didn't 14 give you a copy or forward you any documentation prior 15 to -- 16 A. I don't recall. 17 Q. -- March 27, 2003? 18 A. Sorry. I don't recall seeing 19 anything, no. 20 Q. Did you ever ask him for a copy of it? 21 A. No, I did not. 22 Q. Did you ever ask him what information was 23 contained in his affidavit prior to the briefing on 24 March 27, 2003? 98 1 A. No, I did not. 2 Q. During your conversations with Agent 3 Haley, what information did you provide to him 4 regarding the residents at 90 Maybrook? 5 A. I believe I provided him the 6 newspaper article, the license pictures of the 7 residents, and any of their BOPs, I run all the 8 BOPs, Board of Probations, their criminal history. 9 Q. Did you give him any other information? 10 A. Not that I recall. 11 Q. Did you ever tell Agent Haley about the 12 vehicle that David Bunn and Judith Bunn operated? 13 MS. PELLETIER: Objection. Go 14 ahead. 15 THE WITNESS: I don't recall. 16 Q. (By Ms. O'Neil-Baker) You said that on 17 the day of the briefing, you briefly glanced over the 18 packet that we talked about before, right? 19 A. Correct. 20 Q. And you earlier stated you don't recall 21 seeing your name in any of the documents? 22 A. I don't recall seeing my name, no. 23 Q. Did you recall seeing anything in that 24 packet of information that you disagreed with? 99 1 MS. PELLETIER: Objection. Go 2 ahead. 3 THE WITNESS: Not that I recall, but 4 again, I was more looking at what the layout of 5 the house was going to be. 6 Q. (By Ms. O'Neil-Baker) Do you know who 7 drew the layout of the house? 8 A. No, I don't. 9 Q. Do you recall why the confidential 10 informant approached Sergeant Moran initially? 11 MS. PELLETIER: Objection. Go 12 ahead. 13 THE WITNESS: No, I do not. 14 Q. (By Ms. O'Neil-Baker) Did you ever ask 15 Sergeant Moran why Sergeant -- withdraw that question. 16 Did you ever ask Sergeant Moran his 17 connection to the confidential informant? 18 A. No, I did not. 19 Q. Had you in your duties as Chief of the 20 Holland Police Department ever used a confidential 21 informant? 22 A. No. 23 Q. Had Sergeant Moran while under your 24 supervision as Chief of the Holland Police Department 100 1 ever used a confidential informant? 2 A. Not that I'm aware of. 3 Q. And as the Chief, you would want to know 4 what your subordinates do? 5 A. Absolutely. 6 Q. So, from your understanding, there were 7 three controlled buys, correct? 8 A. Yes. 9 Q. What information did you have prior to 10 March 27, 2003, about that first controlled buy? 11 A. On the first controlled buy with 12 Sergeant Moran? 13 Q. Yes. At all, you're aware of three 14 controlled buys, correct? 15 A. Yes. 16 Q. You've testified that you were present at 17 the second and third? 18 A. Correct. 19 Q. So, prior to the execution of the search 20 warrant, what information did you have about the first 21 controlled buy? 22 A. Just what Sergeant Moran had told me 23 which was very similar to what I told you on the 24 second and third. 101 1 Q. So, what specifically did Sergeant Moran 2 tell you about that first controlled buy? 3 A. Just that it went off without a 4 hitch. 5 Q. Do you recall when in proximity to the 6 first controlled buy he told you that? 7 A. Most likely, the next day. 8 Q. Did he tell you who was present? 9 A. No, he did not. 10 Q. Did he tell you what time it took place? 11 A. He may have. I don't recall it. 12 Q. Did he provide you with any -- did he 13 give you any records or documentation of his 14 participation in that first controlled buy? 15 A. No. 16 Q. Did you ask him to prepare any records? 17 A. No. 18 Q. On the second controlled buy, when the 19 confidential informant returned to the car, what did 20 the confidential informant do with the marijuana that 21 he had purchased? 22 A. He gave it to Sergeant Haley. 23 Q. What did Sergeant Haley do with that? 24 A. I have no idea. 102 1 Q. The same question with the third 2 controlled buy: Do you know what happened to the 3 marijuana that was purchased? 4 A. It was given to Sergeant Haley. 5 Q. Do you know what happened to that 6 evidence? 7 A. No, I do not. 8 Q. From the point where the confidential 9 informant had his first contact with Sergeant Moran 10 and March 27, 2003, how long of time was that? 11 A. Off the top of my head, I couldn't 12 tell you that. 13 Q. Do you recall when Sergeant Moran was 14 laid off? 15 A. Sometime between the first and second 16 buy. 17 Q. Okay. Prior to Sergeant Moran being laid 18 off, do you know how much involvement he had with the 19 investigation on 90 Maybrook Road? 20 A. I can't answer that. I don't know. 21 Q. Do you know if he performed any 22 independent surveillance on the property with the 23 exception of the first controlled buy? 24 A. I know that Sergeant Haley did a 103 1 drive by of Maybrook Road. I'm not sure if 2 Sergeant Moran was him or not during that time. 3 Q. Were you with him at that time? 4 A. No, I was not. 5 Q. What direct participation did the Holland 6 Police Department have in the investigation of 90 7 Maybrook Road? 8 MS. PELLETIER: Objection. Go 9 ahead. I'm going to say other than what you've 10 already testified to so we don't go back to the 11 beginning. Go ahead. 12 THE WITNESS: I'm sorry? 13 MS. PELLETIER: Other than what 14 you've already testified to so we don't go back 15 to the beginning. 16 MS. O'NEIL-BAKER: Right. 17 Q. (By Ms. O'Neil-Baker) I mean, you've 18 testified about the initial contact with the 19 confidential informant? 20 A. Yes. 21 Q. The initial contact with the Drug Task 22 Force? 23 A. Yes. 24 Q. Your contact with Sergeant Haley? 104 1 A. Yes. 2 Q. Which may or may not be different from 3 that initial request for help? 4 A. Correct. 5 Q. Okay. And then a few meetings between 6 you and Sergeant Haley, the two meetings with you and 7 Sergeant Haley at the Holland Police Department? 8 A. I'm not sure if they were at the 9 Holland Police Department or if we met someplace 10 else. It was the two meetings were for the 11 controlled buys. 12 Q. Okay. All right. So, at no point did 13 you and Sergeant Haley meet at the Holland Police 14 Department in person? 15 MS. PELLETIER: He doesn't recall if 16 those were initiated at the Holland Police 17 Department but they were all the same 18 situation. 19 MS. O'NEIL-BAKER: Okay. 20 MS. PELLETIER: Just for the purpose 21 of the controlled buy. 22 Q. (By Ms. O'Neil-Baker) From your 23 understanding, from your recollection, you met with 24 Sergeant Haley on two occasions, correct? 105 1 A. Correct. 2 Q. And from your recollection, those were 3 the two controlled buys? 4 A. Correct. 5 Q. Were there any other meetings in person 6 with Scott Haley? 7 MS. PELLETIER: Except for the 8 briefing? 9 Q. (By Ms. O'Neil-Baker) Except -- right, 10 except for the briefing, except for the second and 11 third controlled buy? 12 A. I don't recall if I met with him at 13 the Palmer Police Department which is where he 14 works. I don't remember if that was before or 15 after the search warrant was executed. 16 Q. So, we talked about all your personal 17 face-to-face meetings with Scott Haley that you can 18 remember? 19 A. Mm-hmm. 20 MS. PELLETIER: Yes, for the record? 21 THE WITNESS: Yes. 22 Q. (By Ms. O'Neil-Baker) And you've 23 testified that you had at least one telephone 24 conference with Agent Haley? 106 1 A. Yes. 2 Q. Can you recall any other telephone 3 conferences, telephone conversations, with Scott Haley 4 with the exception of the one you've already told me 5 about and that initial contact with the Drug Task 6 Force that you may or may not have been involved in? 7 A. I can't answer that because I don't 8 recall any. 9 Q. You didn't keep any notes of any of your 10 conversations with Agent Haley? 11 A. No. 12 Q. You didn't keep any notes or records of 13 any of your meetings with Agent Haley? 14 A. No. 15 MS. PELLETIER: Whenever is a good 16 time to break, it's almost quarter of one. 17 MS. O'NEIL-BAKER: Sure. 18 MS. PELLETIER: I don't want to 19 interrupt you, if you can get to a point where 20 you're going to get to the house. 21 MS. O'NEIL-BAKER: Yes. Why don't 22 we take a break? 23 (A recess was taken) 24 MS. O'NEIL-BAKER: Back on the 107 1 record. 2 Q. (By Ms. O'Neil-Baker) At any point did 3 you review any of the paperwork that Agent Haley 4 prepared after the controlled buys? After each 5 controlled buy, did he ever present you with any of 6 his documents or paperwork? 7 A. Ever? 8 Q. Prior to March 27, 2003. 9 A. Not that I recall. 10 Q. Do you recall stating to a newspaper 11 reporter that you had been investigating the property 12 at 90 Maybrook and had the property at 90 Maybrook 13 under surveillance for six weeks? 14 MS. PELLETIER: Objection. Go 15 ahead. 16 THE WITNESS: To a newspaper 17 reporter, I don't recall that. 18 Q. (By Ms. O'Neil-Baker) Earlier, you 19 testified that you spoke with Sergeant Haley on the 20 phone and you met with him twice in conjunction with 21 the two controlled buys, correct, two of the three 22 controlled buys? 23 A. Correct. 24 Q. And do you recall giving Sergeant Haley 108 1 information specifically for the purpose of Sergeant 2 Haley preparing a search warrant? 3 MS. PELLETIER: Just for clarity 4 sake, Sergeant Haley doesn't typically prepare 5 the search warrant. Are you talking about his 6 affidavit or the actual warrant? 7 MS. O'NEIL-BAKER: Okay. 8 Q. (By Ms. O'Neil-Baker) Is the affidavit 9 in support of -- 10 A. I think I already testified to what I 11 had given him, and those were the only things I 12 had given him that I recall. 13 Q. Do you recall providing Sergeant Haley 14 with information about the Bunns' vehicle? 15 MS. PELLETIER: Objection. Go 16 ahead. 17 THE WITNESS: I think we already 18 covered that, and not that I recall, no. 19 Q. (By Ms. O'Neil-Baker) Were you familiar 20 with the vehicle that David or Judith Bunn drove in 21 March of 2003? 22 A. Yes. 23 Q. How were you familiar with that vehicle? 24 A. Probably through running it. 109 1 Q. Did you personally run the vehicle? 2 A. I don't recall. 3 Q. What recollection do you have about the 4 vehicle? 5 A. That it was an SUV type van. That's 6 about it. 7 Q. Do you recall the reason why you would 8 have run the vehicle? 9 A. As part of all the information 10 gathering. 11 Q. Earlier, you testified you provided Haley 12 with criminal histories on all the residents of the 90 13 Maybrook? 14 A. Correct. 15 Q. In running the vehicle, was that part of 16 providing the criminal histories? 17 A. It could have been. 18 Q. When you say run the vehicle, what does 19 that mean? 20 A. Check it through the LEIPS computer, 21 through the Mass. State, the Registry, any 22 vehicles registered to that address or to those 23 people. 24 Q. Earlier today we talked about the 110 1 difference between 80 Maybrook and 90 Maybrook, do you 2 recall briefly talking about that? 3 A. Yes. 4 Q. When you ran the property as you just 5 said, did you put in both 80 Maybrook and 90 Maybrook? 6 A. To be honest with you, if I ran it, I 7 probably ran it by name. 8 Q. Were you aware that there was a 9 discrepancy between the actual number of the property 10 and the number that certain residents of the property 11 had listed in their motor vehicle records? 12 A. Yes. I stated that earlier. 13 Q. What specifically was that discrepancy? 14 A. Whether it was 80 or 90. 15 Q. Was that important to you? 16 A. No. Because I knew where the house 17 was and I knew who the people were. 18 Q. Was there an issue -- did you ever give 19 that information to Scott Haley about there being a 20 discrepancy in the number of the address? 21 MS. PELLETIER: Objection. Go 22 ahead. 23 THE WITNESS: I don't think I gave 24 it to him. I think he might have noticed it 111 1 when he was doing his drive by. 2 Q. (By Ms. O'Neil-Baker) What was the -- 3 so, was there a number posted on the mailbox? 4 A. I believe there was, yes. 5 Q. Do you recall what the number was? 6 A. No, I do not. 7 Q. When you ran the criminal histories and 8 you ran the names in the system that you just 9 testified about, was there -- were any of the 10 individuals, did any of the individuals have a 11 different number listed as their property address than 12 the 90 Maybrook Road? 13 A. I don't recall if they did or they 14 didn't. 15 Q. As you were investigating the property 16 and the residents of that property, did the issue of 17 the discrepancy mean anything to you? 18 MS. PELLETIER: Objection. Go 19 ahead. 20 THE WITNESS: No. 21 Q. (By Ms. O'Neil-Baker) So, the 22 discrepancy didn't indicate anything as to the 23 residents' character, credibility or anything like 24 that? 112 1 A. No. 2 Q. When you ran the vehicle through the 3 motor vehicle registration system, was that the only 4 personal and direct knowledge you had about the Bunns' 5 vehicle? 6 MS. PELLETIER: Objection. Go 7 ahead. 8 THE WITNESS: I can't answer that. 9 Q. (By Ms. O'Neil-Baker) Did you ever -- 10 prior to March 27, 2003, did you have any personal 11 knowledge of what type of bumper stickers were on the 12 back of the Bunns' vehicle? 13 A. No. 14 Q. Do you recall ever seeing the Bunns' 15 vehicle around town prior to March 27, 2003? 16 A. Personally, no. 17 Q. Did you ever receive reports prior to 18 March 27, 2003, about the Bunns' vehicle from anyone? 19 MS. PELLETIER: Objection. Go 20 ahead. 21 THE WITNESS: Okay. I guess I don't 22 understand the question. 23 Q. (By Ms. O'Neil-Baker) Prior to March 27, 24 2003, had anyone ever described the Bunns' vehicle to 113 1 you? 2 A. I don't recall. 3 Q. From what you recall, you have no 4 personal knowledge of whether the Bunns' vehicle had 5 any particular bumper stickers or stickers or emblems 6 on it? 7 A. Prior to when? 8 Q. The execution of the search warrant. 9 A. Oh. No. Not that I recall. 10 Q. With the exception of the information 11 that the confidential informant gave to Sergeant 12 Moran, did you personally have any knowledge that 13 anyone at 90 Maybrook was selling marijuana? 14 MS. PELLETIER: Prior to March 27, 15 2003? 16 MS. O'NEIL-BAKER: Correct. 17 MS. PELLETIER: Prior to March 27, 18 2003. 19 THE WITNESS: I may have heard some 20 things. 21 Q. (By Ms. O'Neil-Baker) What did you hear? 22 A. Again, small town, rumors. 23 Q. Did that information come from your 24 officers or someone outside the police department? 114 1 A. Outside the police department. 2 Q. What type of rumors did you hear? 3 A. Just that they were doing a lot of 4 drugs up there. 5 Q. Was that specific to any single person in 6 the house? 7 A. No. 8 Q. When were you first aware of David Bunn 9 or C.J. Bunn which is the same person? 10 MS. PELLETIER: Aware of his 11 existence? 12 MS. O'NEIL-BAKER: Yes. 13 MS. PELLETIER: Go ahead. 14 THE WITNESS: Well, again, I mean, 15 it's a small town. I know most of the 16 residents in the town. If not by name, you 17 know, I've heard of people here and there, but 18 I don't know. I couldn't tell you when I first 19 heard of David or C.J. 20 Q. (By Ms. O'Neil-Baker) You testified 21 earlier that you never personally had met C.J. Bunn, 22 correct? 23 A. Correct. 24 Q. But you had heard of him prior to -- let 115 1 me just make it a question. 2 Prior March 27, 2003, had you heard of 3 C.J. Bunn? 4 A. I think I've heard of David Bunn at 5 that point. 6 Q. So, prior to the execution of the search 7 warrant, had you heard of David Bunn? 8 A. Yes. 9 Q. What had you heard about him? 10 A. Again, rumors around town, there was 11 a lot of drugs up there, and not necessarily 12 dealing but just a lot of drugs up there. 13 Q. Did you ever drive by the property prior 14 to the execution of the search warrant? 15 A. I'm sure dozens upon dozens of times. 16 Q. Did you ever drive by the property, prior 17 to the execution of the search warrant, with the 18 purpose of checking on that property? 19 A. No. 20 Q. Did you ever report to a call regarding 21 anything having to do with that property prior to the 22 execution of the search warrant? 23 A. Not that I recall, no. 24 Q. Do you know if any of your officers ever 116 1 had to report to or were ever dispatched to a call on 2 that property prior to the execution of the search 3 warrant? 4 A. I can't answer that because I know 5 that we've been to that house a few times and I 6 couldn't tell you if it was before or after the 7 search warrant. 8 Q. When you were doing the investigation 9 with the Drug Task Force on 90 Maybrook, did you 10 review or find out any information about prior -- 11 about any calls the Holland Police Department had made 12 to that property? 13 MS. PELLETIER: Objection. Go 14 ahead. 15 THE WITNESS: Can you restate that 16 question? I'm not quite sure I understood it. 17 Q. (By Ms. O'Neil-Baker) During your 18 investigation on that property, on 90 Maybrook? 19 A. Okay. 20 Q. Did you do any research or review any 21 information regarding prior calls or dispatches to 90 22 Maybrook Road? 23 MS. PELLETIER: Objection. Go 24 ahead. 117 1 THE WITNESS: I probably looked in 2 our in-house computer to see, you know, if we 3 had gone up there before. 4 Q. (By Ms. O'Neil-Baker) What did you find? 5 A. I don't recall. Again, I don't know 6 if it was before or after the search warrant. I 7 know we've been up there several times. 8 Q. So, from your recollection, you probably 9 did look at your own in-house? 10 A. I'm sure I looked at the in-house, 11 but as far as whether I saw anything prior to the 12 search warrant, I don't know. 13 Q. When you just testified about hearing 14 rumors about that property, and you specifically heard 15 the name David Bunn, correct? 16 A. No. 17 MS. PELLETIER: He didn't testify to 18 that. 19 THE WITNESS: I didn't testify to 20 that. 21 Q. (By Ms. O'Neil-Baker) All right. So, 22 the rumors that you heard just had to do with activity 23 at the house? 24 A. The house in general. 118 1 Q. Itself, okay. But prior to the execution 2 of the search warrant, you had heard the name David 3 Bunn? 4 A. Yes. 5 Q. Because you had, at the very least, you 6 had run their criminal histories for -- 7 A. Sergeant Haley. 8 Q. -- Sergeant Haley? 9 A. Correct. 10 Q. Any other information about David Bunn? 11 A. As I testified to earlier, the 12 newspaper article. 13 Q. At that point, when you requested a copy 14 of the newspaper article, you were aware of a David 15 Bunn and you were -- 16 A. Correct. 17 Q. And you were aware that there had been a 18 newspaper article about him at some point? 19 A. Correct. 20 Q. Do you recall ever seeing him in public? 21 A. No. 22 Q. Do you recall hearing about any person 23 that resided at 90 Maybrook prior to the execution of 24 the search warrant? 119 1 A. Hearing about them how? 2 Q. In the context of drug activity on the 3 property. 4 A. Just the rumors that I had heard in 5 town. 6 Q. That didn't involve anyone specific, 7 right? 8 A. No. 9 Q. Were you aware if any minors lived at the 10 property in March of 2003? 11 MS. PELLETIER: At that time? 12 Q. (By Ms. O'Neil-Baker) Yes. That was a 13 bad question. 14 In March of 2003, were you aware of any 15 minors -- were you aware if any minors lived on that 16 property at that time? 17 A. Yes. 18 Q. What information did you have about the 19 minors that lived there? 20 A. Just that there was at least one boy, 21 and there might have been an infant, from what I 22 recall. 23 Q. Earlier, you testified that you had met 24 Cougar Bunn during your elementary out-reach type? 120 1 A. I also served as the D.A.R.E. 2 officer. So, that's why I was there a lot. 3 Q. Did you ever interact with Cougar Bunn in 4 any type of social environment prior to the execution 5 of the search warrant? 6 A. Not that I recall. 7 Q. Because of your involvement with the 8 elementary school and the D.A.R.E. program, would 9 you -- on the date of the -- 10 A. Actually, can we go back to the 11 previous question? 12 Q. Yes. 13 A. My girlfriend at the time's daughter, 14 I think, knew Cougar Bunn. 15 Q. What was your girlfriend's name? 16 A. Theresa Lake. 17 Q. Do you recall any time in which you were 18 at a social gathering at the same time Cougar was? 19 A. Not that I recall. 20 Q. Okay. So, on the date of the execution 21 of the search warrant, were you able to identify 22 Cougar Bunn by recognizing him; would you have been 23 able to identify him? 24 A. Would I have been able to? I'm not 121 1 sure. I mean, just the fact that he was the minor 2 child, probably. 3 Q. Do you know what Cougar Bunn's age was in 4 March of 2003? 5 A. No. 6 Q. In March of 2003, were you still dating 7 Theresa Lake? 8 A. I don't know. March of 2003? No. 9 Q. Why did you think it was important to get 10 that newspaper article? 11 A. Just more information. 12 MS. PELLETIER: Objection. Go 13 ahead. 14 THE WITNESS: Just additional 15 information. 16 Q. (By Ms. O'Neil-Baker) For Agent Haley? 17 A. Well, for myself and for Agent Haley. 18 Q. What did the newspaper add in support to 19 the search warrant? 20 MS. PELLETIER: Objection. Go 21 ahead. 22 THE WITNESS: I have no idea. I 23 didn't write the search warrant. 24 Q. (By Ms. O'Neil-Baker) What do you 122 1 feel -- do you think the newspaper itself supported 2 the application for the search warrant? 3 MS. PELLETIER: Objection. He can't 4 answer that question. 5 THE WITNESS: I have no idea if it 6 did or it didn't. Again, I didn't write it. 7 Q. (By Ms. O'Neil-Baker) Did you read the 8 newspaper article? 9 A. Yes. 10 Q. And you forwarded it to Agent Haley? 11 A. Yes. 12 Q. Why did you forward it to Agent Haley? 13 A. Additional information. 14 Q. For his investigation or for the search 15 warrant? 16 A. For the investigation. 17 Q. So, you believed that something in the 18 newspaper article added to the investigation? 19 MS. PELLETIER: Objection. That's 20 not what he said. Go ahead. 21 THE WITNESS: It was just additional 22 information that I would pull on anybody we 23 were doing an investigation on. The more you 24 know. 123 1 Q. (By Ms. O'Neil-Baker) When you contacted 2 the newspaper, did you ask for any articles with David 3 Bunn's name? 4 A. Nope. I believe I asked for that 5 specific article. 6 Q. Were you aware that David Bunn had 7 written a letter to the editor? 8 MS. PELLETIER: Objection. 9 Q. (By Ms. O'Neil-Baker) At any point? 10 MS. PELLETIER: Objection. Go 11 ahead. 12 THE WITNESS: Not that I recall. 13 MS. PELLETIER: Of what? 14 MS. O'NEIL-BAKER: At any point. 15 MS. PELLETIER: The editor of what, 16 the New York Times, the High Times perhaps? 17 Q. (By Ms. O'Neil-Baker) You said the 18 newspaper article was from the Southbridge Evening 19 News? 20 A. Correct. 21 Q. Did you inquire or at the time that you 22 asked for a copy of the newspaper article that we've 23 been talking about, were you aware that David Bunn had 24 written a letter to the editor to the Southbridge 124 1 Evening News? 2 A. I don't recall. 3 Q. At any point did you actually witness the 4 sale of marijuana from -- by anyone at 90 Maybrook 5 Road? 6 MS. PELLETIER: Objection. Go 7 ahead. 8 THE WITNESS: I don't know what your 9 definition of witness was. 10 Q. (By Ms. O'Neil-Baker) Earlier you 11 testified about the two controlled buys -- 12 A. Correct. 13 Q. -- that you were present in Agent Haley's 14 car? 15 A. Correct. 16 Q. Besides those two incidents that you 17 described for me already, did you have any other 18 direct observation of marijuana being sold at 90 19 Maybrook Road? 20 A. No. 21 Q. Prior to March 27, 2003, were you aware 22 that David Bunn was a pro marijuana activist? 23 A. Prior to what date? 24 Q. The search. 125 1 A. Yes. 2 Q. Okay. You were. How did you know about 3 that? 4 A. The newspaper article. 5 Q. Did you know about his activism by any 6 other source besides that newspaper article? 7 A. Just again with the rumors in town. 8 Q. So, the rumors that you heard were about 9 drug activity on the property and that David Bunn was 10 a political activist? 11 A. That the -- 12 MS. PELLETIER: Objection. Go 13 ahead. 14 THE WITNESS: I just heard that the 15 people in the house were activists on the 16 marijuana legalization. 17 Q. (By Ms. O'Neil-Baker) So, not 18 specifically David Bunn? 19 A. No. 20 Q. But you knew of David Bunn's political 21 activism due to the newspaper article? 22 MS. PELLETIER: Objection. Go 23 ahead. 24 THE WITNESS: Correct. 126 1 Q. (By Ms. O'Neil-Baker) With the exception 2 of the two times that you were in the vehicle with 3 Scott Haley and the confidential informant for those 4 two controlled buys, did you have any direct 5 face-to-face contact with the confidential informant 6 prior to the execution of the search warrant? 7 A. I'm not sure. 8 Q. Do you recall, with the exception of the 9 things that I just stated, do you recall having any 10 telephone conversations with the confidential 11 informant? 12 A. No. 13 Q. Prior to the search warrant? 14 A. No. 15 Q. Earlier you testified as to attending a 16 briefing at the State Police barracks on March 27th, 17 correct? 18 A. Correct. 19 Q. And you testified that you drove a 20 cruiser to 90 Maybrook the morning of March 27th? 21 A. Correct. 22 Q. Correct? 23 A. Correct. 24 Q. Please explain to me what happened after 127 1 you arrived at 90 Maybrook. 2 MS. PELLETIER: Objection. Go 3 ahead. 4 THE WITNESS: I was one of the last 5 vehicles to pull into the driveway. The Task 6 Force had already been in the house. I don't 7 know how much detail -- 8 MS. PELLETIER: Just keep going. 9 She'll stop you. 10 THE WITNESS: Oh. I walked what I 11 believe is through the basement. I walked 12 upstairs into the kitchen area where they were 13 having -- they were bringing people out of 14 bedrooms. 15 At that point, I went into the 16 bedroom of David and Judy Bunn, and I remained 17 there most of the time. 18 Q. (By Ms. O'Neil-Baker) When you went into 19 the bedroom of Judy and David, was anyone already in 20 that room? 21 A. Yes. 22 Q. Who was already in there? 23 A. Sergeant Haley, and I forget if it 24 was one or two members of the Task Force. 128 1 Q. When you arrived at 90 Maybrook, were any 2 of the other Holland officers present? 3 A. Yes. 4 Q. Were they already inside? 5 MS. PELLETIER: Objection. Go 6 ahead. 7 THE WITNESS: One officer was 8 outside, and I believe one or two were inside 9 already. 10 Q. (By Ms. O'Neil-Baker) Do you recall who 11 was inside and who was outside? 12 A. I know Lieutenant Moorehouse was 13 outside with the State Trooper. 14 Q. What were they doing out there? 15 A. They were watching the back because I 16 believe there was a deck out back. They just 17 wanted to make sure nobody came out of the house 18 from the back. 19 Q. Did Moorehouse and the State Trooper stay 20 outside for the entirety of the search? 21 A. To my knowledge, yes. 22 Q. When you were in Judith and David Bunn's 23 bedroom, did you search through any of their property? 24 A. No, I did not. 129 1 Q. Did you see anyone search through their 2 property? 3 A. Yes, I did. 4 Q. Who did you see? 5 A. Sergeant Haley and I believe one of 6 the Task Force members. 7 Q. Was Sergeant Haley the leader -- was he 8 leading the search? 9 A. Yes. 10 Q. Was he directing all of the different law 11 enforcement agencies during the search? 12 A. Yes. 13 Q. Did you observe any of the Task Force 14 agents searching through the room occupied by 15 Christena and Jamie Dodge? 16 A. I didn't witness any, no. 17 Q. Did you witness any of the Task Force 18 agents interacting with the minor children in the 19 house? 20 A. No, I did not. 21 Q. Did you hear any of the law enforcement 22 officers or agents swearing or insulting or 23 criticizing Christena Dodge? 24 A. Absolutely not. 130 1 Q. Did you witness any of the law 2 enforcement agents or officers swearing or laughing or 3 criticizing Jamie Dodge? 4 A. No. 5 Q. Did you see Jamie Dodge and Daniel 6 Collins in handcuffs? 7 A. I saw one of them. I couldn't tell 8 you which one it was. 9 Q. Where did you see that individual? 10 A. The kitchen area. 11 Q. When you arrived into the house, you said 12 that the Task Force agents had already been in the 13 house, correct? 14 A. Correct. 15 Q. When you arrived, were there any dogs 16 loose in the house? 17 A. Not to my recollection. 18 Q. Did you see any dog feces anywhere in the 19 house? 20 A. Yes, in the basement. 21 MS. PELLETIER: Objection. Go 22 ahead. 23 Q. (By Ms. O'Neil-Baker) Where did you see 24 that? 131 1 A. The basement. 2 Q. That's where you entered? 3 A. Yes. 4 Q. Did you -- but you didn't -- did you see 5 any dogs at all in the house? 6 A. I don't recall. I know there was one 7 outside, but I don't recall seeing any inside. 8 Q. Were there any bedrooms in the basement? 9 A. I believe there was a make-shift 10 bedroom. 11 Q. Was it a finished basement? 12 A. No. 13 Q. But there was a door to the outside? 14 A. Yes. 15 Q. And it wasn't like the basement -- 16 MS. PELLETIER: Hatchway. 17 Q. (By Ms. O'Neil-Baker) Yes. 18 A. Bulkhead. No. 19 Q. So, it was a regular door with a doorknob 20 and -- 21 A. Yes. 22 Q. Was there a rug -- was the floor -- did 23 the floor have a rug on it or was it a cement floor? 24 A. All I remember was concrete. 132 1 Q. Do you know whose bedroom that was that 2 you entered? 3 A. No, I do not. 4 Q. Or I take that back. The make-shift 5 bedroom that you observed, do you know who slept 6 there? 7 A. No, I do not. 8 Q. When you walked into the basement, no 9 one -- was there any individual in that bedroom? 10 A. No. 11 Q. Were you accompanied by any other law 12 enforcement officer or agent when you entered the 13 basement? 14 A. I think Sergeant Houghey might have 15 been with me. 16 Q. So, when you arrived in the basement, 17 there was no one -- no resident of 90 Maybrook was in 18 the basement? 19 A. No. 20 Q. When you entered the basement, were there 21 any law endorsement agents or officers still in the 22 basement? 23 MS. PELLETIER: Objection. Go 24 ahead. 133 1 THE WITNESS: I don't recall. 2 Q. (By Ms. O'Neil-Baker) But it's your 3 recollection that Sergeant Houghey may have entered 4 the basement with you? 5 A. I believe it was him, yes. 6 Q. Did you see dog feces anywhere else in 7 the house? 8 A. Not that I recall. 9 Q. You stated that you went through the 10 basement, upstairs, and then you spent the majority of 11 your time during the search in the Judy and David 12 Bunn's bedroom, correct? 13 A. Correct. 14 Q. Do you recall witnessing -- observing any 15 other room of the house being searched? 16 A. I went into the bedroom that was 17 occupied by Christena. 18 Q. What did you see when you entered that 19 bedroom? 20 A. I mean, a bed, a crib, a shelf over 21 the crib which had a pipe, a tin with some 22 marijuana, I forget if they were roaches or a 23 little bit of marijuana in it, and a lighter, I 24 believe. 134 1 Q. Did you point that out to anybody? 2 A. Yes, I did. 3 Q. Who did you point that out to? 4 A. One of the Task Force members. 5 Q. What did they do? 6 A. They probably bagged it as evidence. 7 Q. Did you watch them do that? 8 A. No, I did not. 9 Q. When you entered the room used by 10 Christena and Jamie Dodge, were there other law 11 enforcements agents or officers already in that 12 bedroom? 13 A. At that time when I went in, no. 14 Q. Had anyone -- had any of the law 15 enforcement agents or officers already been in there? 16 A. I can't answer that. I don't know. 17 Q. So, from your personal observation, when 18 you entered the bedroom used by Christine and Jamie 19 Dodge, there were no law enforcements agents in there? 20 A. None that I witnessed. 21 Q. Was any other officer or agent 22 accompanying you into that bedroom when you first went 23 in there? 24 MS. PELLETIER: Objection. Go 135 1 ahead. 2 THE WITNESS: No. Not that I 3 recall. 4 Q. (By Ms. O'Neil-Baker) Did you hear any 5 yelling during your entire time at 90 Maybrook Road 6 during that search? 7 A. When we first arrived there and I 8 was, again, one of the last cars to pull up, they 9 were already executing the search warrant. So, 10 yes, I did hear yelling. 11 Q. What type of yelling did you hear, do you 12 remember any specific words? 13 A. Police, search warrant. 14 Q. Did you hear any female yelling or 15 crying? 16 A. No. 17 Q. Did you hear any children crying? 18 A. No. 19 Q. Did you ever witness Christena crying? 20 A. When I saw her, she was not crying. 21 Q. How about her two children, two minor 22 children? 23 A. I don't recall them crying. 24 Q. Do you recall seeing them at any time 136 1 during that search? 2 A. I saw them at one point in the 3 kitchen. 4 Q. You saw the children? 5 A. Yes. 6 Q. What -- 7 A. I'm not sure if it was one or two 8 children that I saw. So, I want to make that 9 clear. 10 Q. The child that you remember seeing, was 11 it an infant or a toddler? 12 A. I don't recall. 13 Q. How long were you personally inside the 14 house during the search? 15 A. I was there from being one of the 16 last people in until we left. I couldn't tell you 17 how long we were there. I'm not sure. 18 Q. Was it more than an hour? 19 A. I can't answer that. I don't know. 20 Q. During the whole time that you were in 21 the house, do you recall if that male individual you 22 saw in the kitchen maintained -- was maintained in 23 handcuffs? 24 A. When I saw him, he was in handcuffs. 137 1 Q. The whole -- any time you saw that 2 individual? 3 A. I believe I only saw him once or 4 twice, but yes, he was in handcuffs. 5 Q. The male individual that you saw in 6 handcuffs in the kitchen, was that person wearing 7 clothes? 8 A. I think he had pants on but no shirt. 9 Q. Was there anyone who was naked? 10 A. Not to my recollection, no. 11 Q. Did you at any point while you were in 12 the house during the search test the toilets and 13 whether they flushed or not? 14 A. Personally, no. 15 Q. Did anyone report to you that the toilets 16 did not flush? 17 A. Yes. 18 Q. Who reported to you? 19 A. One of the members of the task team. 20 Q. What did they tell you? 21 A. That the toilets were not working. 22 Q. Did you ask which toilets? 23 A. No, I did not. 24 Q. Was that important information for you? 138 1 MS. PELLETIER: Objection. Go 2 ahead. 3 THE WITNESS: At the time, no. 4 Q. (By Ms. O'Neil-Baker) Did you ask the 5 Task Force agent who told you that information why he 6 was telling you that? 7 A. Nope. 8 Q. Do you know why he told you that? 9 A. No. 10 Q. Did you at any point during the search 11 draw your weapon? 12 MS. PELLETIER: Objection. Go 13 ahead. 14 THE WITNESS: Yes. I had my weapon 15 drawn as I entered the house. 16 Q. (By Ms. O'Neil-Baker) Did you keep your 17 weapon drawn during the whole time you were in the 18 house? 19 A. No. As soon as I was told everybody 20 was secure, my weapon went back in its holster. 21 Q. Once you heard that everyone was secure, 22 did you witness or observe any other law enforcement 23 agent or officer with their weapon drawn? 24 A. Not that I recall. 139 1 Q. Did you observe any of the law 2 enforcement agents or officers collecting evidence? 3 A. Yes. 4 Q. Do you know where the evidence was 5 collected and maintained? 6 MS. PELLETIER: Objection. Go 7 ahead. Can you break that down? Those are two 8 substantially different questions. 9 MS. O'NEIL-BAKER: Sure. 10 Q. (By Ms. O'Neil-Baker) While you were 11 still in the house during the search, you observed 12 some of the law enforcement agents or officers 13 collecting evidence, correct? 14 A. Correct. 15 Q. What did -- when you observed them 16 collecting evidence, where did you see them put the 17 evidence? 18 A. Again, I was in the bedroom most of 19 the time, and we were busy collecting evidence 20 there, so. 21 Q. Was there a central location where the 22 evidence was deposited while you were still in the 23 house? 24 A. While I was still in the house? I'm 140 1 not sure. 2 Q. Did you personally collect any evidence? 3 A. Collect? No. Point it out, yes. 4 Q. Why did you personally not collect the 5 evidence? 6 A. There were other people doing it. 7 Q. At what point were you notified that you 8 could leave the house? 9 MS. PELLETIER: Objection. Go 10 ahead. 11 THE WITNESS: I believe when 12 Sergeant Haley said, we're done here. 13 Q. (By Ms. O'Neil-Baker) What did you do 14 when he said that? 15 A. I mean, I guess I don't understand 16 the question. 17 Q. Okay. 18 A. Like immediately or -- 19 Q. Yes. When Haley said, we're done here, 20 did you just leave, or were there any other duties you 21 performed in the house before you left? 22 A. We collected all the evidence up, 23 everything that was bagged, and we put it into the 24 cruiser. 141 1 Q. Which cruiser was that? 2 A. Mine. 3 Q. Where did you take the evidence? 4 A. Transferred it directly to the 5 Holland Police Department. 6 Q. Then what happened? 7 A. It was logged and put away. 8 Q. Where was it put away? 9 A. In the evidence cabinet. 10 Q. At the Holland Police Department? 11 A. Yes. 12 Q. Who returned to the Holland Police 13 Department with you? 14 MS. PELLETIER: Physically in the 15 vehicle or in general? 16 Q. (By Ms. O'Neil-Baker) In general. 17 A. I believe it was just the Holland 18 police officers. 19 Q. After the search of 90 Maybrook, did you 20 ever meet with any -- withdraw that. 21 After the search of 90 Maybrook, was 22 there any debriefing of how the search went with all 23 the members that were at the raid -- at the search? 24 A. I don't recall. I don't think so but 142 1 I don't recall. 2 Q. After the search was completed, you 3 returned to the Holland Police Department in your 4 cruiser and all the evidence that was collected was in 5 your cruiser, correct? 6 A. Correct. 7 Q. And then you returned to the Holland 8 Police Department, and once you returned to the 9 Holland Police Department, the only other people that 10 were at your department were the Holland police 11 officers? 12 A. Best of my recollection, yes. 13 Q. You said that you cataloged the evidence, 14 correct? 15 A. Correct. 16 Q. And then stored it? 17 A. Correct. 18 Q. Where is the evidence now? 19 MS. PELLETIER: Objection. Go 20 ahead. 21 THE WITNESS: Depends on what part 22 of it you're talking about. 23 MS. O'NEIL-BAKER: Could you mark 24 this Exhibit 2? 143 1 (Exhibit 2, marked) 2 Q. (By Ms. O'Neil-Baker) I'm going to have 3 you look at this document. After you've reviewed it, 4 please tell me if you've seen this before. 5 A. Yes. 6 Q. Can you identify that document for me, 7 please? 8 A. That is our incident report from the 9 execution of the search warrant. 10 Q. Did you prepare this document? 11 A. Yes, I did. 12 Q. Did you have any assistance preparing 13 this document? 14 A. Yes, I did. 15 Q. Who was that? 16 A. Patrolman Fitzgerald. 17 Q. So, when it says assisting officer, does 18 that mean he helped you input the information? 19 A. He was helping categorize. 20 Q. On page 2 of Exhibit 2, begins a list, 21 and is this a list of all the evidence that was 22 collected from 90 Maybrook on March 27th? 23 A. I believe it is. 24 Q. Is that a list of all of the evidence 144 1 that you cataloged and kept at the Holland Police 2 Department? 3 A. Yes. 4 Q. What evidence -- what on this list is 5 still at the Holland Police Department? 6 A. The marijuana, the $850, the baggies 7 with residue number 11, and number 18. 8 Q. Where is the other evidence today? 9 A. The pipes have all been -- the pipes 10 and all the other paraphernalia were all 11 destroyed. 12 Q. So, from your understanding, everything 13 that you did not list for me initially has been 14 destroyed? 15 A. Correct. 16 Q. When were those destroyed? 17 A. I can't give you an exact date. 18 Several years ago. 19 Q. Do you have any records on when those 20 were destroyed? 21 A. Not that I recall, no. 22 Q. Do you have any record keeping system on 23 what evidence is maintained at the Holland Police 24 Department? 145 1 A. Yes. 2 Q. What kind of record keeping system do you 3 use? 4 A. We have a log in, a log out. 5 Q. So, in that log, would it have the date 6 of when the evidence was destroyed? 7 A. It should, yeah. 8 Q. What determines what evidence is kept or 9 destroyed? 10 A. Well, the marijuana was kept because 11 we have to have the State Police destroy that. 12 The $850 was kept because I wasn't sure what was 13 going to be done with that. And everything else 14 is paraphernalia and we don't need to keep it. 15 So, it takes up space. We destroy it. 16 Q. Are there any Massachusetts statutes that 17 governs the destruction of evidence? 18 MS. PELLETIER: Objection. The 19 witness is not required to provide you with 20 law. 21 Q. (By Ms. O'Neil-Baker) Are you aware of 22 any statutory guidance on the maintenance or 23 destruction of evidence? 24 A. Of any evidence, yes. 146 1 MS. PELLETIER: If you know. 2 Q. (By Ms. O'Neil-Baker) Okay. You stated 3 that as to the $850, you were unaware what to do with 4 that, correct? 5 A. Correct. 6 Q. Is there anyone you can ask to find out 7 what to do with that? 8 A. I don't need to ask anybody. 9 Q. Okay. Is there any reason you don't know 10 what to do with the money? 11 A. It stays in storage -- 12 MS. PELLETIER: Objection. 13 THE WITNESS: It stays in storage 14 until we're told by the court or somebody what 15 to do with it. 16 Q. (By Ms. O'Neil-Baker) Were you ever 17 given -- withdraw that question. 18 Did you ever have any discussions with 19 the District Attorney's Office about the release of 20 any evidence back to the Bunns? 21 A. No, I did not. 22 Q. You earlier told me about a conversation, 23 kind of a conversation you had with Judith Bunn in the 24 hallway of the Palmer court? 147 1 A. Correct. 2 Q. And she asked, I'm not stating you 3 accurately, but she requested her evidence back? 4 A. She didn't request it. 5 MS. PELLETIER: Objection. Go 6 ahead. 7 THE WITNESS: She told me that I had 8 to give it back. 9 Q. (By Ms. O'Neil-Baker) You also testified 10 that she had called on the telephone and requested her 11 property back? 12 MS. PELLETIER: Objection. Go 13 ahead. 14 Q. (By Ms. O'Neil-Baker) Correct? 15 A. I don't believe I testified that she 16 called and asked for it back. 17 Q. Okay. Did you ever have a telephone 18 conversation with her about her property? 19 A. Not that I recall. 20 Q. Did you ever receive any instruction from 21 the District Attorney's Office or the Palmer court 22 about the release of the property collected? 23 A. No. 24 Q. Did you ever contact them directly and 148 1 ask whether the property should be released? 2 A. Nope. 3 Q. Did you attend court -- any of the court 4 hearings regarding the criminal case against Judith 5 Bunn or Christena Dodge? 6 A. I believe I attended only the clerk 7 magistrate's hearing. 8 Q. Do you know what happened to the criminal 9 cases against Christena Dodge and Judith Bunn? 10 A. I was told they were dropped. 11 Q. Who told you that? 12 A. I believe Sergeant Haley. 13 Q. Do you know when he told you that? 14 A. No. 15 Q. After you found out that the charges were 16 dropped, did you make any attempt to find out what to 17 do with the collected property? 18 A. No. Because I was looking to reissue 19 the charges. 20 Q. What does that mean, reissue the charges? 21 A. File the charges over again. 22 Q. Did you ever do that? 23 A. No, I did not. 24 Q. Why not? 149 1 A. After speaking to Sergeant Haley, it 2 was decided not to go forward. 3 Q. When was that -- when did that discussion 4 take place? 5 A. I couldn't tell you. 6 Q. Was it after you found out that the 7 criminal charges had been dismissed? 8 A. Yes. 9 Q. Do you know why the criminal charges 10 against Judith Bunn and Christena Dodge were dropped? 11 A. My understanding, it was some kind of 12 a mistake in the court. 13 Q. Earlier we talked about the difference 14 between a criminal complaint and the issuance of a 15 summons, right? 16 A. Correct. 17 Q. And do you recall when you filed the 18 criminal complaint against Judith Bunn? 19 A. The date? No. 20 MS. O'NEIL-BAKER: Can we mark this 21 as Exhibit 3? 22 (Exhibit 3, marked) 23 MS. O'NEIL-BAKER: And Exhibit 4. 24 (Exhibit 4, marked) 150 1 Q. (By Ms. O'Neil-Baker) I'm going to give 2 you a document which is labeled Exhibit 3. Have you 3 ever seen that document before? 4 A. Yes, I have. 5 Q. Can you identify what that document is? 6 A. It's a summons to the Defendant 7 Christena Dodge. 8 Q. So, this summons is what's issued by the 9 court, correct? 10 A. Correct. 11 Q. What was the date that that was issued? 12 A. November 9, 2004. 13 Q. I show you exhibit, what's labeled 14 Exhibit 4. Have you ever seen that before? 15 A. Yes. 16 Q. And that's the criminal summons against 17 Judith Bunn, correct? 18 A. Correct. 19 Q. Does that have the same issued date of 20 November 9, 2004? 21 A. Yes, it does. 22 Q. Can you explain why the issued date of 23 this criminal complaint is more than a year and a half 24 after the search of the property at 90 Maybrook? 151 1 MS. PELLETIER: The criminal 2 complaint or the two summonses you just marked? 3 MS. O'NEIL-BAKER: The summonses. 4 THE WITNESS: No, I can't. 5 Q. (By Ms. O'Neil-Baker) Were you involved 6 in any way with the issuance of these summonses? 7 A. No, I was not. 8 Q. Did you have any contact with the Palmer 9 district court in the issuance of these summonses? 10 A. I don't -- 11 MS. PELLETIER: Objection. Go 12 ahead. 13 THE WITNESS: I don't understand the 14 question. 15 Q. (By Ms. O'Neil-Baker) The -- 16 A. We asked for the summonses. 17 Q. Who's we? 18 A. The Holland Police Department. 19 Q. When did you ask for the summonses? 20 A. I couldn't tell you. 21 Q. Was it less than thirty days from 22 November, 2004? 23 A. I couldn't tell you. 24 Q. The raid -- the search of 90 Maybrook 152 1 itself happened March, 2003, correct? 2 A. Yes. 3 Q. Okay. Did you ask for the issuance of 4 these summonses in 2003? 5 A. I'm sure I did. 6 Q. When no summons was issued, did you ever 7 follow up on why it was not issued? 8 A. No. I don't pretend to know what the 9 court does. 10 Q. Were you curious as to what -- did you -- 11 withdraw that question. 12 So, when the summonses were issued in 13 November of 2004 against Christena Dodge and Judith 14 Bunn, did you have any notice that that was happening? 15 A. Other than getting a copy of these, 16 no. 17 Q. Do you recall when you received a copy of 18 those? 19 A. No. 20 MS. O'NEIL-BAKER: Can you mark that 21 Exhibit 5? 22 (Exhibit 5, marked) 23 Q. (By Ms. O'Neil-Baker) I show you Exhibit 24 5. Have you ever seen that before? 153 1 A. Yes, I have. 2 Q. Can you identify that, please? 3 A. It's a notice of complaint hearing. 4 Q. On that, you are listed as the 5 Complainant, correct? 6 A. Correct. 7 Q. As for -- there's two different 8 applications, correct? 9 MS. PELLETIER: They're not 10 applications. They're notices. 11 Q. (By Ms. O'Neil-Baker) Notices? 12 A. Correct. 13 Q. One is for David Bunn and one is for Judy 14 Bunn, right? 15 A. Correct. 16 Q. For the notice for David Bunn, is that 17 your -- under where it says name, address and zip code 18 of defendant, it has David Bunn, Judy Bunn and 19 Christena Dodge, but Judy Bunn and Christena Dodge are 20 crossed off, do you see that? 21 A. Correct. Yes. 22 Q. Are those your initials next to the cross 23 off? 24 A. Yes, they are. 154 1 Q. So, this is your handwriting? 2 A. Yes, it is. 3 Q. The date of offense on this notice is 4 3/27/03, correct? 5 A. Correct. 6 Q. That was the date of the search of the 7 property at 90 Maybrook, right? 8 A. Correct. 9 Q. And then the notice of complaint hearing 10 for Judy Bunn which is underneath, is this your 11 handwriting as well? 12 A. Yes. 13 Q. Are those your initials in the box that 14 says date of offense? 15 A. Yes, it is. 16 Q. It looks like you initially had 4/27/03, 17 and it's crossed off to say 3/27/03? 18 A. Yes. 19 Q. Can you explain the procedural 20 significance of the notice of complaint hearing? 21 MS. PELLETIER: Objection. If you 22 understand that question. It's not his job to 23 explain Massachusetts procedure. If you want 24 to ask him a direct question of what's involved 155 1 in that. 2 Q. (By Ms. O'Neil-Baker) For the notice of 3 complaint that you wrote for David Bunn which is part 4 of this exhibit, correct? 5 A. Correct. 6 Q. Why did you complete this paperwork? 7 A. It was requested by the court. 8 MS. PELLETIER: Objection. 9 Q. (By Ms. O'Neil-Baker) Were these the 10 listed offenses for David Bunn, are these the criminal 11 charges that were pursued against David Bunn? 12 MS. PELLETIER: Objection. Go 13 ahead. 14 THE WITNESS: Yes. 15 Q. (By Ms. O'Neil-Baker) Was David Bunn 16 ever arrested? 17 A. No. 18 Q. Was a criminal summons ever issued 19 against David Bunn? 20 A. You'd have to check with the court 21 system. I don't know. 22 Q. From your knowledge, you don't know if 23 there ever was? 24 A. To my knowledge, no. 156 1 Q. But you filed a criminal complaint 2 against David Bunn? 3 A. Yes. 4 Q. And you filed a criminal complaint 5 against Judy Bunn, correct? 6 A. Yes. 7 Q. Did you ever file one against Christena 8 Dodge? 9 MS. PELLETIER: Objection. Go 10 ahead. If you recall. You don't have to look. 11 THE WITNESS: Yes, I believe we did. 12 Q. (By Ms. O'Neil-Baker) Okay. So, as of 13 this date today, you have no understanding why it was 14 more than a year and a half from the date of the 15 search on 90 Maybrook until the criminal summonses 16 were issued against Christena Dodge and Judy Bunn? 17 MS. PELLETIER: Objection. Go 18 ahead. 19 THE WITNESS: I know there were 20 continuations because of Mr. Bunn's health on 21 several occasions. I believe that's part of 22 the court record. 23 Q. (By Ms. O'Neil-Baker) I was looking 24 at -- let's see. So, looking at Exhibit 3 and 4, the 157 1 summons to Judy Bunn and Christena Dodge was issued on 2 November 9, 2004, correct? 3 MS. PELLETIER: According to the 4 document. He has no knowledge. He has 5 testified five times those come out of the 6 court. Go ahead. 7 THE WITNESS: As far as the court 8 goes, yeah. 9 Q. (By Ms. O'Neil-Baker) Okay. So, you 10 have no idea sitting here today why it took so long -- 11 why it took more than a year and a half from the date 12 of the search to the issuance of the summonses? 13 A. Again, as I testified to a minute 14 ago. 15 MS. PELLETIER: Objection. Go 16 ahead. 17 THE WITNESS: There were 18 continuations because of Mr. Bunn's health. 19 Q. (By Ms. O'Neil-Baker) So, continuations 20 were sought for -- 21 A. By his lawyer at the time. 22 Q. For Judy Bunn's criminal case? 23 A. I don't know. I don't know. 24 Q. Okay. But your understanding was it was 158 1 related to Mr. Bunn's health? 2 A. Correct. 3 Q. You have no other understanding? 4 A. No. 5 Q. Did you ever talk to any of the District 6 Attorneys about whether to reissue the charges against 7 Judith Bunn or Christena Dodge after the charges were 8 dismissed? 9 A. Yes. I asked if we could reissue 10 them. 11 Q. Okay. Who did you talk to? 12 A. Whoever the District Attorney was at 13 the time. 14 Q. Was it male or female? 15 A. I don't recall. 16 Q. Was it over the phone that you talked to 17 that person? 18 A. No. 19 Q. Was it in person? 20 A. It was in person. 21 Q. You don't recall if it was a female or 22 male? 23 A. No, I don't. 24 Q. Do you recall if it was Deborah Alstrom? 159 1 A. I don't recall. 2 Q. Do you recall if it was Assistant 3 Attorney Montori Davidson? 4 A. I don't recall. 5 Q. What did that person tell you? 6 A. They told me that we could refile the 7 charges. 8 Q. Did any District Attorney ever ask you to 9 attend any of the criminal hearings? 10 A. No. 11 Q. For Christena Dodge and Judith Bunn? 12 A. No. 13 Q. Did they ever ask you for evidence in 14 support of the criminal charges against them, against 15 Christena Dodge and Judith Bunn? 16 A. No. 17 Q. Did any of the District Attorneys ever 18 ask for your assistance in any way in prosecuting the 19 criminal charges? 20 A. No. 21 Q. Did Agent Haley give you an explanation 22 of why he didn't think that the charges should be 23 reissued? 24 A. We had a long talk about the case in 160 1 general. And what Sergeant Haley told me was 2 that -- trying to recall. I can't recall his 3 exact wording. But it wasn't a big case and that 4 the Bunns had moved out of town at the time and we 5 got rid of a drug dealer. 6 Q. Were you happy that they moved out of 7 town? 8 MS. PELLETIER: Objection. 9 THE WITNESS: I'm -- 10 MS. PELLETIER: You don't have to 11 answer that question. 12 MS. O'NEIL-BAKER: You're 13 instructing him not to answer? 14 MS. PELLETIER: Yes. To ask him the 15 question, it's irrelevant at that time if he's 16 happy they moved out of town from a personal 17 perspective. 18 Q. (By Ms. O'Neil-Baker) As the Chief of 19 Police, what is your mission as the Chief of Police? 20 MS. PELLETIER: Objection. I don't 21 know if it's humanly possible to answer that, 22 but if you'd like to, go ahead. 23 THE WITNESS: To me, it's pretty 24 easy, to protect the people of Holland. 161 1 Q. (By Ms. O'Neil-Baker) From your position 2 as Chief, would the existence of drug dealers in your 3 town create a risk to the population of Holland? 4 A. Always. 5 Q. So, when the Bunns moved out of town, did 6 you see them moving out of town as the removal of a 7 risk to the people of your town? 8 MS. PELLETIER: Objection. Go 9 ahead. Yes or no. 10 THE WITNESS: Yes. 11 Q. (By Ms. O'Neil-Baker) You testified that 12 you spoke with Agent Haley after the criminal charges 13 were dismissed about whether to refile -- reissue the 14 charges, correct? 15 A. Yes. 16 Q. And you're sure it was after the charges 17 were dismissed? 18 A. Well, I wouldn't -- 19 MS. PELLETIER: Why would he want to 20 reissue the charges if they hadn't been 21 dismissed? It doesn't make any sense. You've 22 asked him the same question three times. 23 Q. (By Ms. O'Neil-Baker) You talked with 24 Sergeant Haley about the detail of the case about 162 1 reissuing the charges? 2 A. Yes. 3 Q. And that was after August of 2005? 4 A. I don't -- 5 MS. PELLETIER: He has testified 6 several times he doesn't know when the charges 7 were dismissed. So, now you're adding that 8 date in as if he knows that's when the charges 9 were dismissed. Objection. 10 Q. (By Ms. O'Neil-Baker) But you're certain 11 it was after? 12 A. After what? 13 Q. The charges were dismissed. 14 A. Yes. 15 Q. Since that discussion with Sergeant 16 Haley, have you talked with him about the criminal 17 charges against Christena Dodge or Judith Bunn? 18 A. Not to my recollection, no. 19 Q. Do you know if Sergeant Haley is still 20 working with the Drug Task Force? 21 A. I don't know if he still working with 22 the Drug Task Force, no. 23 Q. Do you know if he's still works at the 24 Palmer Police Department? 163 1 A. The last I knew, yes, he did. 2 Q. Outside of working with Sergeant Haley on 3 the Drug Task Force, did you have any other 4 interaction with him? 5 A. I guess I don't understand the 6 question. 7 Q. You said that you worked with Agent Haley 8 in regard to the investigation on 90 Maybrook Road? 9 A. Correct. 10 Q. Did you work with him on any other 11 investigation? 12 A. No. 13 Q. Did you ever have any interaction with 14 him besides working with him on this investigation? 15 A. Yes. 16 Q. What other interaction did you have with 17 him? 18 A. He was on a boat in the lake, and I 19 was doing lake patrol. 20 Q. When was that? 21 A. Couldn't tell you. 22 Q. What did you do in preparation for 23 today's deposition? 24 A. Spoke to the attorney and reread the 164 1 reports. 2 Q. Did you speak to anyone else besides your 3 attorney? 4 A. No, I did not. 5 Q. Or attorneys? 6 A. No, I did not. 7 Q. Do you know where Officer Moran works 8 now? 9 A. No, I do not. He has had several 10 jobs since leaving my department. 11 Q. Do you know where Officer Fitzgerald 12 works? 13 A. I do, but I'm drawing a blank right 14 now. 15 Q. Do you know if he's still an officer? 16 A. Yes. 17 Q. Do you know if he's still in 18 Massachusetts? 19 A. Yes. I believe he's out towards 20 Framingham. I just can't recall the -- 21 MS. O'NEIL-BAKER: Do you want to 22 take a break? 23 THE WITNESS: If we're close to 24 wrapping up, I'd rather keep going. 165 1 MS. O'NEIL-BAKER: I would take a 2 break if you need to. 3 MS. PELLETIER: It's 2:40. 4 MS. O'NEIL-BAKER: Oh, is it? 5 MS. PELLETIER: Yes. I don't know 6 what your situation is but -- 7 MS. O'NEIL-BAKER: Well, it's up to 8 you. I mean, we can -- we have to stop at 9 three. 10 MS. PELLETIER: Yes. 11 MS. O'NEIL-BAKER: For your schedule 12 needs. It's up to you. 13 THE WITNESS: Let's keep going. 14 MS. PELLETIER: Are you planning to 15 conclude by three? 16 MS. O'NEIL-BAKER: I'm going to try. 17 I just want to get a better copy of this. 18 Would you mark that, please? 19 (Exhibit 6, marked) 20 Q. (By Ms. O'Neil-Baker) I apologize for 21 the copy of this. Have you ever seen that document 22 before? 23 A. Yes. 24 Q. Is that the incident report you prepared 166 1 following the search of 90 Maybrook? 2 A. Yes. 3 MS. PELLETIER: Objection. Go 4 ahead. 5 Q. (By Ms. O'Neil-Baker) When did you 6 prepare that? 7 A. I don't know. I couldn't tell you 8 the date of this. 9 Q. Is that the same? 10 MS. PELLETIER: Let's mark a 11 different one. 12 MS. O'NEIL-BAKER: All right. This 13 one. 14 (Exhibit 7, marked) 15 MS. PELLETIER: That's not the same. 16 MS. O'NEIL-BAKER: Yes, it's not. 17 Q. (By Ms. O'Neil-Baker) So, have you seen 18 that before which is Exhibit 7? 19 A. Yes. 20 Q. Is that the incident report you prepared 21 following the search on March 27, 2003? 22 MS. PELLETIER: For clarification, 23 the document you marked as Exhibit 2 is the 24 incident report. The documents that you've 167 1 been handing him are separate names that are 2 identified with the same reference number. The 3 document you just handed him now marked as 4 Exhibit 7 is referred to as the narrative for 5 Chief Kevin P. Gleason. The one you marked as 6 Exhibit 6 is for the same incident number, 7 supplemental narrative for Chief Kevin Gleason. 8 Incident report itself has already been marked 9 as Exhibit 2. 10 Q. (By Ms. O'Neil-Baker) Okay. So, the 11 document marked as Exhibit 7, did you prepare that? 12 A. Yes, I did. 13 Q. When did you prepare that? 14 A. 3/27 -- date and time reported 15 3/31/2007. 16 Q. Is Exhibit 7 part of Exhibit 2? 17 A. Yes. Same one. 18 Q. So, on Exhibit 7, it states that it's 19 page 1? 20 A. Yes. 21 Q. So, it's not a certain amount of pages as 22 part of Exhibit 2, though? 23 A. No. 24 Q. There's a reference number, is that 168 1 correct? 2 A. Correct. 3 Q. That's 0356 OF? 4 A. OF, correct. 5 Q. Did you prepare this narrative with 6 anyone else or just by yourself? 7 A. By myself. 8 Q. And then exhibit -- can you read Exhibit 9 6? 10 A. Can I read it? Yes. 11 Q. Did you prepare Exhibit 6? 12 A. Yes, I did. 13 Q. When did you prepare that? 14 A. I'll say after 3/31, but I'm not sure 15 what the date was on it without having the 16 computer in front of me. 17 MS. O'NEIL-BAKER: Exhibit 8, 18 please. 19 (Exhibit 8, marked 20 Q. (By Ms. O'Neil-Baker) If you could look 21 at Exhibit 8 and tell me if you've ever seen that 22 before. 23 A. Yes. 24 Q. Is that another narrative prepared by 169 1 you? 2 A. Yes, it is. 3 Q. When was that created? 4 A. After the 3/31, but I can't give you 5 an exact date without my computer in front of me. 6 Q. Are these documents stored in your 7 computer still? 8 A. Yes. 9 Q. Are you able to update any of these 10 documents? 11 MS. PELLETIER: You mean change the 12 content? 13 MS. O'NEIL-BAKER: Right. 14 MS. PELLETIER: If you know. 15 THE WITNESS: You could, but it 16 would come up as you were changing. 17 Q. (By Ms. O'Neil-Baker) Exhibit 8 states 18 that you requested a check of the residence 19 inhabitability? 20 A. Correct. 21 Q. At 90 Maybrook. Why did you think the -- 22 why did you request a check of the residence? 23 A. Because of the numerous piles of dog 24 feces in the basement and somebody living down 170 1 there, and also the report that I got that the 2 toilets were not in working condition, and the 3 house was generally a, for lack of a better term, 4 pig sty. 5 Q. And your observation that the house was a 6 pig sty was based on your own personal observations? 7 A. Yes. 8 Q. Prior to 3/27/03, you had never been in 9 the house, correct? 10 A. Correct. 11 Q. When you entered the house, the other law 12 enforcement agents and officers had already been in 13 the house? 14 A. Correct. 15 Q. You didn't check the toilets to see if 16 they were operating yourself, right? 17 A. No, I did not. 18 Q. Did you return to the property at 90 19 Maybrook on March 28? 20 A. I don't recall returning then. 21 Q. Did you send another Holland police 22 officer to 90 Maybrook with Sally Blais? 23 A. Yes, I did. 24 Q. Who did you send? 171 1 A. Officer Pillsbury. 2 Q. Why did you send an officer with the 3 Board of Health? 4 A. Because Sally Blais requested it. 5 Q. Did she state why she had an officer with 6 her? 7 A. Because she's had previous dealings 8 with the Bunns. 9 Q. What did -- so, according to Exhibit 8, 10 you requested someone from the Board of Health to 11 check out the house, correct? 12 A. Correct. 13 Q. And do you know why Sally Blais went 14 instead of another -- 15 A. Because she was in charge of the 16 Board of Health at the time. 17 Q. Did you talk to her directly when you 18 were -- 19 A. I believe I did. 20 Q. Was that in person or by telephone? 21 A. I don't recall. 22 Q. Do you know when she went to check out 23 the house? 24 A. Couldn't tell you that, no. 172 1 Q. Did she ever report back to you what she 2 found at the house? 3 A. I believe she said that the toilets 4 were working. 5 Q. Was she able to report to you about the 6 dog feces? 7 A. I didn't ask, and she didn't offer 8 the information. 9 Q. But that was one of the reasons you asked 10 her to check on the house? 11 A. Mm-hmm. 12 MS. PELLETIER: Yes, for the record? 13 THE WITNESS: Yes. 14 Q. (By Ms. O'Neil-Baker) Did she discuss 15 with you about the person living in the basement? 16 A. No, she did not. 17 Q. But that was one of the reasons you had 18 her go check out the property, correct? 19 A. Correct. 20 Q. Did she prepare a report for you about 21 her checking on the residence? 22 A. Not to my knowledge. I've never seen 23 one. 24 Q. Did you ask for one? 173 1 A. No, I did not. 2 Q. You requested a check on the property and 3 Sally Blais went out to check on the property but she 4 didn't check on the dog feces or the person living in 5 the basement? 6 MS. PELLETIER: That's not what he 7 testified to. 8 THE WITNESS: I can't testify to 9 what she checked on. She told me that the 10 toilets were working. 11 Q. (By Ms. O'Neil-Baker) Okay. Do you know 12 if she checked whether the toilets were working? 13 A. I can only testify that she told me 14 that the toilets were working. 15 Q. But you didn't ask her about any of the 16 other issues you brought to her attention? 17 A. No, I did not. 18 Q. Why was that? 19 MS. PELLETIER: Objection. Go 20 ahead. 21 THE WITNESS: I just didn't. It was 22 a Board of Health issue. 23 Q. (By Ms. O'Neil-Baker) Do you know how 24 Sally Blais got to the property at 90 Maybrook? 174 1 A. No, I do not. 2 Q. But you know that Officer Pillsbury 3 accompanied her? 4 A. He probably followed her in a 5 cruiser, yes. 6 Q. Do you know what type of vehicle she 7 drives? 8 A. No, I don't. 9 Q. Does the town provide -- in 2003, did the 10 town provide a vehicle for the Board of Health 11 members? 12 A. Not to my knowledge. 13 Q. Did any other law enforcement agent or 14 official accompany Officer Pillsbury and Sally Blais 15 to the property? 16 A. Not to my knowledge. 17 Q. Did Officer Pillsbury prepare any report? 18 A. No. 19 Q. Did you ask him what he observed? 20 A. No. He waited outside. 21 Q. Did Sally Blais -- do you know -- 22 withdraw that question. 23 So, Officer Pillsbury did not prepare any 24 type of incident report or anything? 175 1 A. No, he did not. 2 Q. Did you ask him to? 3 A. No, I did not. 4 Q. Do you know who the town engineer was in 5 March, 2003? 6 A. Absolutely no idea. 7 Q. Do you know if any photographs were taken 8 of the property on March 28, 2003? 9 A. Is that the day of the execution of 10 the search warrant? 11 Q. No. It's -- that would be the next day. 12 A. Not to my knowledge. 13 Q. Do you know if a complaint or report was 14 ever made in March of 2003 that the Bunns' dog had 15 injured a cat? 16 A. I know there was a complaint of what 17 you asked. I don't know what the date of it was. 18 Q. How were you made aware of the complaint? 19 A. I'm sure it was either called in or 20 somebody came in. 21 Q. Did you personally take the complaint? 22 A. No, I did not. 23 Q. Do you know what happened as a result of 24 the complaint? 176 1 A. A report was filed. 2 Q. Okay. 3 A. I don't have the report in front of 4 me. So, I don't know. 5 Q. A complaint was made, and then are you 6 saying that an officer filed a report or the 7 Complainant filed a report? 8 A. No. The officer would have filed a 9 report. 10 Q. Do you know what officer that was? 11 A. No, I don't. 12 Q. Have you ever seen the report? 13 A. Yes, I have. 14 Q. An officer filed a report about the 15 complaint of the Bunns' dog injuring a cat? 16 A. Yes. If I remember correctly, it was 17 killing a cat. I don't think it was injuring. 18 But, again, I don't have the report in front of 19 me. 20 Q. Did any of the Holland police officers go 21 to the property at 90 Maybrook to investigate that 22 complaint? 23 A. Yes. I just said that. 24 Q. Oh, I thought you said a report was 177 1 filed. 2 A. An officer followed up on that. 3 Q. Followed up on the complaint? 4 A. Yes. 5 Q. So, an officer followed up on the 6 complaint by going to the house? 7 A. I believe -- 8 MS. PELLETIER: No. Whatever you 9 remember without the report in front of you, go 10 ahead. 11 THE WITNESS: I believe he went up 12 to the house. 13 Q. (By Ms. O'Neil-Baker) But you don't 14 remember who that was? 15 A. No. 16 Q. Do you know if the Holland Police 17 Department -- withdraw that question. 18 Do you know if the Town of Holland owns 19 any or owned any SUVs in March of 2003? 20 A. Yes. 21 Q. Did a certain department own the SUVs? 22 A. I can only answer for my department. 23 The police department had one, maybe two. 24 Q. Those are in addition to the cruisers? 178 1 A. Those are two of the cruisers. 2 Q. Oh, okay. Was your vehicle an SUV in 3 2003? 4 A. I believe it was, yes. 5 Q. So, it's not like a Crown Vic, the 6 cruisers? 7 A. No. We have SUVs and regular 8 cruisers. 9 Q. So, in 2003, the police department had at 10 least one SUV and some regular sedan type cruisers? 11 A. I believe we had two SUVs and one 12 Crown Victoria. 13 Q. Do you know if Officer Pillsbury was 14 driving the SUV cruiser when he went to 90 Maybrook? 15 A. I have no idea. The officers can 16 take whatever car is available to them. 17 Q. Except yours? 18 A. Except for mine. 19 MS. PELLETIER: Two minutes. 20 MS. O'NEIL-BAKER: Two? 21 MS. PELLETIER: Yes. 22 Q. (By Ms. O'Neil-Baker) We talked earlier 23 about Exhibit 2 that was prepared by you with Officer 24 Fitzgerald, correct? 179 1 A. Correct. 2 Q. Were there any other officers present? 3 MS. PELLETIER: Objection. Go 4 ahead. 5 THE WITNESS: I couldn't tell you 6 because I don't know who was coming and going 7 at the time. 8 Q. (By Ms. O'Neil-Baker) Do you know when 9 the inventory was prepared? 10 A. That day, as soon as we got back to 11 the station. 12 Q. Do you have any plans to determine what 13 to do with the evidence, that was collected on March 14 27, 2003? 15 A. The remaining evidence? 16 Q. Yes. 17 A. Do I have any plans? No. 18 Q. Is there any time frame that you need to 19 maintain the evidence that you are required to 20 continue to maintain the evidence? 21 MS. PELLETIER: Objection. Go 22 ahead. He has already testified that only the 23 State Police can deal with some evidence. 24 THE WITNESS: Right. 180 1 MS. PELLETIER: I believe that's 2 what he said was remaining with the exception 3 of the money. 4 MS. O'NEIL-BAKER: I still have a 5 lot more questions. But you have to leave now? 6 THE WITNESS: Yes. 7 MS. O'NEIL-BAKER: Okay. So, I 8 guess we're going to suspend for today and -- 9 MS. PELLETIER: I'm not necessarily 10 agreeing to suspend, but you said you had to 11 leave by 3:30 anyway and I'm not sure that -- I 12 haven't agreed to produce him on more than one 13 day, but we'll suspend for the day on the 14 record and then deal with any more questions 15 you have and how to address them. 16 MS. O'NEIL-BAKER: Thank you, Chief. 17 (Witness excused) 18 (Deposition suspended) 19 20 21 22 23 24 181 1 UNITED STATES DISTRICT COURT 2 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 6, 2008, at the law offices of ROBINSON DONOVAN, 7 P.C., 1500 Main Street, Suite 1600, Springfield, MA, the following named person, to wit: KEVIN GLEASON, 8 who was by me duly sworn to testify to the truth and nothing but the truth as to his knowledge touching 9 and concerning the matters in controversy in this cause; that he was thereupon examined upon his oath 10 and said examination reduced to writing by me; and that the deposition is a true record of the testimony 11 given by the witness, to the best of my knowledge and ability. 12 I further certify that I am not a relative or 13 employee of counsel or attorney for any of the parties, or a relative or employee of such parties, 14 nor am I financially interested in the outcome of the 15 action. 16 WITNESS MY HAND, this 13th day of May, 2008. 17 18 ___________________________ Roxanne C. Costigan 19 20 My Commission expires: July 16, 2010 21 22 23 24 182 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 KEVIN GLEASON 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 6, 2008 24 rcc