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: SCOTT E. HALEY 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 MORRISON MAHONEY, P.C., 1500 Main Street, Suite 19 1600, Springfield, MA, on May 30, 2008. 20 21 22 23 Roxanne C. Costigan 24 Certified Merit Reporter 2 1 APPEARANCES: 2 FOR THE PLAINTIFFS: 3 ERIN I. O'NEIL-BAKER LAW OFFICE 4 457 Main Street Hartford CT 06103 5 860-466-4278 BY: ERIN I. O'NEIL-BAKER, ESQ. 6 7 FOR THE DEFENDANTS: 8 ROBINSON DONOVAN, P.C. 9 1500 Main Street, Suite 1600 Springfield MA 01115 10 413-732-2301 BY: NANCY F. PELLETIER, ESQ. 11 12 FOR THE WITNESS: 13 MORRISON MAHONEY, P.C. 1500 Main Street, Suite 2400 14 Springfield, MA 01115 413-737-4373 15 BY: CAROLE SAKOWSKI-LYNCH, ESQ. 16 17 18 19 20 21 22 23 24 3 1 I N D E X 2 3 WITNESS DIRECT CROSS REDIRECT RECROSS 4 SCOTT HALEY 4 120 134 5 6 7 EXHIBIT PAGE 8 Exhibit 1, Notice of Deposition................ 4 9 Exhibit 2, Search Application Warrant.......... 4 10 Exhibit 3, handwritten document................ 29 11 Exhibit 4, photocopied money................... 30 12 Exhibit 6, diagram............................. 22 13 Exhibit 7, Search Warrant...................... 38 14 Exhibit 8, photocopied money................... 40 15 Exhibit 9, handwritten document................ 51 16 Exhibit 10, handwritten document............... 70 17 Exhibit 11, David G. Bunn CORI................. 70 18 Exhibit 12, Judith A. Bunn CORI................ 70 19 Exhibit 13, Daniel Collins CORI................ 70 20 Exhibit 14, Christena M. Dodge CORI............ 97 21 Exhibit 15, Criminal Complaint................. 134 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 SCOTT E. HALEY, the Deponent, having been 13 first duly sworn and identified by production of his 14 driver's license, deposes and says as follows: 15 16 DIRECT EXAMINATION BY MS. O'NEIL-BAKER: 17 Q. Mr. Haley, I'm going to be asking you a 18 few questions today but I'm going to go over the rules 19 of the deposition. 20 It's important that you understand 21 everything that I ask you today. So, if you don't 22 understand it, please let me know and I'll try to 23 rephrase the question for you. 24 It's important that every answer you 5 1 provide to me today is done audibly. The court 2 reporter's unable to take down gestures K-9s anything 3 other than words. 4 It's important to listen to my question, 5 wait until I finished my question and then answer. 6 That helps the court reporter take down our words 7 today so our words don't end up jumbled on top of each 8 other. 9 If you need a break at any point, just 10 let me know. I do request that if I've asked a 11 question, please finish answering the question and 12 then ask for the break. You don't have to tell me the 13 reason for the break. 14 Do you understand those basic rules? 15 A. Yes, I do. 16 Q. Great. Where are you currently employed? 17 A. I'm currently employed at the Palmer 18 Police Department. 19 Q. What is your position? 20 A. I'm a detective sergeant. 21 Q. How long have you been a detective 22 sergeant? 23 A. I've been a sergeant approximately 24 twenty years and a detective for the last ten 6 1 years? 2 Q. Is detective sergeant a promotion up from 3 regular sergeant? 4 A. It's just a different job title. 5 Q. How long have you been employed with the 6 Palmer Police Department? 7 A. Thirty years. 8 Q. Have you ever worked on a Drug Task 9 Force? 10 A. Yes. 11 Q. What was the name of that Drug Task 12 Force? 13 A. I've been on several tasks forces in 14 the past. I belonged to the Hampshire County Task 15 Force in the eighties to the nineties. And then 16 in '93-ish, I was put in charge of the Eastern 17 Hampden County Drug Task Force. 18 Q. You say that was in 1993? 19 A. I believe so, yes. 20 Q. Have you been involved in other Task 21 Forces? 22 A. I've worked with the federal people. 23 Those are the two Task Forces I actually enrolled 24 in. 7 1 Q. Are you currently still involved with the 2 Eastern Hampden County Drug Task Force? 3 A. Yes, I am. 4 Q. That's the same one that you began to 5 head up in 1993? 6 A. Yes. 7 Q. Is your position the same now as it was 8 in 1993? 9 A. Yes, it is. 10 Q. Do you have a specific title in that Drug 11 Task Force? 12 A. I'm the agent in charge of the 13 Eastern Hampden County Task Force. 14 Q. That's the title that you've always gone 15 by through that entire period? 16 A. Yes. 17 Q. Currently, do you supervise anyone as the 18 agent in charge? 19 A. Yes, I do. 20 Q. How many individuals do you supervise? 21 A. Approximately twenty. 22 Q. What type of individuals make up the 23 Eastern Hampden County Drug Task Force? 24 A. They're predominantly detectives from 8 1 ten or more communities. 2 Q. Are those from local police departments? 3 A. Yes. 4 Q. Are there any state police officers on 5 the Task Force? 6 A. We have state and federal people that 7 are assigned to work with us. They're not 8 enrolled with us. 9 Q. Is agent in charge a paid position? 10 A. The only one that pays me is the 11 Palmer Police Department. 12 Q. Has that always been the case? 13 A. Yes. 14 Q. Are there any paid positions with the 15 Eastern Hampden County Drug Task Force? 16 A. I'm not really sure. District 17 Attorney William Bennett works off a grant and he 18 handles the finances, his office, and I just do 19 the field operations. 20 Q. When you began your career with the 21 Palmer Police Department, did you have a different job 22 title than sergeant? 23 A. I spent a few months as an auxiliary, 24 a few months as a part timer, and I was a 9 1 full-time patrolman at twenty, and then for a 2 number of years, I did -- I was called an 3 investigating officer for the Town of Palmer. 4 Q. And after that, you were promoted to 5 sergeant? 6 A. Yes. 7 Q. Did you do anything to prepare for this 8 deposition today? 9 A. I will say no. 10 Q. Is that because you haven't done anything 11 to prepare? 12 A. Depends what you consider prepare. I 13 looked quickly over the file I had, but I didn't 14 really prepare for the deposition. 15 Q. So, you reviewed your own personal file? 16 A. Reviewed the file that I had, yes. 17 Q. Is that a file that's maintained at your 18 own house or is it a file maintained at your place of 19 work? 20 A. Place of work. 21 Q. So, it's a file maintained at the Palmer 22 P.D.? 23 A. Yes. 24 Q. Does the Task Force have its own location 10 1 or its own office? 2 A. No, we don't do that. 3 Q. So, there's no separate office where the 4 Task Force meets regularly? 5 A. We meet regularly, but we go to the 6 communities that request us. 7 Q. Who do you currently report to for your 8 work on the Task Force? 9 A. Administratively, I report to the 10 director of operations from the District 11 Attorney's Office, Ray Fare. And then for legal 12 work, we have an Assistant D.A. that's assigned to 13 us from District Attorney Bennett's office. And 14 as for the field work, that's my job. 15 Q. Did you speak to anyone besides your 16 attorney about the deposition today? 17 A. No. I had to inform my Chief what I 18 was doing today, but other than that, I'd say no. 19 Q. Did you speak with Chief Gleason about 20 today's deposition? 21 A. I talked to him a few weeks ago and 22 told him I was getting dropped in -- getting 23 called in for a deposition. I think he told me he 24 was just getting ready to go himself or something. 11 1 Q. Did you discuss the case? 2 A. No, not really. 3 Q. What did you discuss with him? 4 A. I don't really recall that whole 5 conversation about the case. I talked to him 6 probably about other items, police items, and he 7 brought up that or I brought up, one of the two of 8 us brought up that we were getting called in for 9 depositions. 10 Q. So, the purpose of the phone call was not 11 necessarily to talk about the depositions? 12 A. Yes. 13 Q. Prior to that phone call with Chief 14 Gleason, when was the last time you spoke with him? 15 A. Could have been a couple years, a 16 year or so. I see him in passing in the 17 courthouse or something, but I don't remember 18 talking to him on the phone about business. 19 Q. Do you sometimes boat or do recreational 20 activities at the lake in Holland? 21 A. Yes, I do. 22 Q. Did you ever run into Chief Gleason 23 during those times? 24 A. Yes, I think I have. 12 1 Q. Did you ever discuss police work with him 2 when you saw him at the lake? 3 A. I got to say no. I had my family in 4 the boat with me. I don't think so. I say no. 5 Q. When you spoke with Chief Gleason a few 6 weeks ago, did he call you or did you call him? 7 A. I'm not even sure, because I think 8 there was phone tag back and forth. He calls me 9 at times and asks my opinion on stuff that's going 10 on and then sometimes I get back to him and 11 sometimes I don't for a long time. 12 So, I don't know if he started the 13 phone call and then I called him back and I just 14 got his answering machine and then he called me 15 back and didn't get me and then -- so, I don't 16 know if I can really answer that correctly, but I 17 know there was some phone tag going on. 18 Q. Are you currently involved in any type of 19 investigation into any occurrences in Holland right 20 now? 21 A. I would say no. 22 Q. Earlier you mentioned that the phone 23 calls started with discussions about other police 24 activities? 13 1 A. Yeah. Sometimes he calls me and asks 2 my opinion on items. If something's going on that 3 he doesn't know what he should be doing or 4 something, he'll call me. It's usually something 5 minute. 6 Q. But he hadn't done that for a few years 7 prior to this last conversation? 8 A. I can't really answer that either. I 9 mean, if I'm met him in the courthouse, he might 10 ask me something, or if I met him on the lake, 11 hey, what's -- you know. So, I'm not going to say 12 strictly no. I just don't recall anything of 13 importance that he talked to me about. 14 Q. Have you ever executed a search warrant 15 in Holland, Massachusetts? 16 A. Yes. 17 Q. Have you executed a search warrant in the 18 year 2008 in Holland, Massachusetts? 19 A. 2008? No, I don't think so. 20 Q. How about 2007? 21 A. I have to guess that the only search 22 warrant I've done is 2003. 23 MS. LYNCH: Well, you shouldn't 24 guess. 14 1 THE WITNESS: 2003. 2 MS. O'NEIL-BAKER: If you want to 3 make an objection, you can. 4 MS. LYNCH: Well, I don't think you 5 want the witness to guess. 6 THE WITNESS: My answer is that I've 7 done hundreds of search warrants in the area. 8 Without being able to delve into records which 9 would take me a long time, I can't answer all 10 those. 11 Q. (By Ms. O'Neil-Baker) Okay. Do you 12 recall doing more than one search warrant in Holland? 13 A. No, I don't recall that. 14 Q. Do you recall executing a search warrant 15 on 90 Maybrook Road in Holland, Massachusetts? 16 A. Yes. 17 Q. Earlier you mentioned that you reviewed 18 your file, and is that file for the search of that 19 property? 20 A. That file contains some information 21 about that property and the people involved there. 22 Q. And that's the file you reviewed prior to 23 today's deposition? 24 A. Yes. 15 1 Q. Is there any other file that is 2 maintained for the search on 90 Maybrook Road in 3 Holland? 4 A. Is there any other file? 5 Q. Yes. 6 A. I would say there's only one file. 7 Q. And that's the file that we just talked 8 about? 9 A. Yes. 10 Q. What's in that file? 11 A. I have some informant information in 12 that file, names, telephone numbers. I have some 13 notes in that file. I have a written statement 14 from the informant in that file. I have copies of 15 photocopied money that we used in the buys. I 16 still have the envelopes with the drugs in the 17 file that the buy was made, drugs are still in it. 18 I have some background information in the file on 19 the Bunns, pictures of them. I have sketches of 20 the Bunn house made by the informant. And some 21 personal notes in there. 22 Q. Have you ever been a defendant in a 23 lawsuit? 24 A. Ever been a defendant in a lawsuit? 16 1 I got to say -- oh, have I ever been charged 2 criminally? No. 3 Q. Have you ever been a defendant in a civil 4 lawsuit? 5 A. Have I ever been sued? Not that I 6 recall. There might be something frivolous that 7 went away, but I don't ever remember anything, no. 8 Q. Are you aware that the Court has recently 9 dismissed the case against you in this current 10 lawsuit? 11 A. I was advised of that, yes. 12 Q. Did you tell anybody that the case has 13 been dismissed against you? 14 A. I told my Chief and my wife. 15 Q. Did you tell Chief Gleason? 16 A. No. 17 Q. When did you first find out that you were 18 a defendant in this lawsuit? 19 A. Just recently, February or something. 20 Q. In all those conversations that you had 21 with Chief Gleason, he never mentioned the lawsuit? 22 A. No. He might have mentioned he was 23 getting sued. 24 Q. He mentioned that he was getting sued in 17 1 relation to the search at 90 Maybrook Road? 2 A. I think he said, his exact words were 3 the Bunns were bringing a ridiculous suit down, 4 something like that. 5 Q. What did you say? 6 A. Well, I don't know if I responded. 7 Q. Do you know when he mentioned that to 8 you? 9 A. No, I don't. 10 Q. Do you think it was within the last year? 11 A. I can't answer that either. I don't 12 know. 13 Q. When he mentioned that the Bunns were 14 bringing a ridiculous suit against him, did you know 15 who he was talking about? 16 A. Well, I knew who the Bunns were. 17 Q. How did you know that? 18 A. Well, because I went out there with a 19 search warrant and participated in going to the -- 20 I knew who the Bunns were. 21 Q. So, when Chief Gleason mentioned that 22 they were bringing a ridiculous suit against him, you 23 didn't have to look at your file to remember who the 24 Bunns were? 18 1 A. No. 2 Q. And were you ever contacted by any 3 attorney other than this law firm or any attorneys 4 with this law firm about you being a defendant in this 5 lawsuit? 6 A. No. 7 Q. Can you explain to me how the Drug Task 8 Force gets involved in working with a town police 9 department? 10 MS. PELLETIER: Objection. Go 11 ahead. 12 THE WITNESS: What's that? 13 MS. PELLETIER: Just ignore me. 14 THE WITNESS: Okay. We work under 15 Hampden County District Attorney Bennett's 16 office under a federal grant and almost all of 17 our cases are in the Hampden County area and we 18 get calls to assist and there's times I've had 19 calls to assist a lot of the smaller 20 communities, in putting together drug cases 21 because a lot of the smaller communities 22 haven't written search warrants in the past or 23 haven't put together drug cases in the past and 24 have very little experience doing that. So, 19 1 we've been instructed through the District 2 Attorney's Office to help, you know, besides 3 our own ten communities, communities in Hampden 4 County that need our assistance or our 5 specialty. So, we get calls from places like 6 Holland and Wales and some of the other small 7 communities when they're having a problem with 8 a drug dealer in their community and they don't 9 know how to put a case together on it. 10 Q. (By Ms. O'Neil-Baker) Okay. So, does 11 the contact come directly to the Drug Task Force or 12 does it go to the District Attorney's Office? 13 A. They call me. 14 Q. The towns, whoever is in charge at that 15 time from the town, they make the direct contact with 16 you? 17 A. I assign the cases and cases work 18 through me. So, if you want a Task Force case, 19 you're supposed to call me and I assign it. 20 Q. They contact you at the Palmer P.D.? 21 A. Yeah, or on the cell. 22 Q. Do you recall how you were first 23 contacted regarding the property at 90 Maybrook? 24 A. I was called from Holland that they 20 1 had a problem with a marijuana dealer on the lake, 2 and that they had a lot of information and an 3 informant to supply. 4 Q. Do you recall who your contact person was 5 in Holland? 6 MS. LYNCH: I'm sorry. Who are you 7 asking about, a police officer or informant, 8 because I'm going to instruct the witness not 9 to answer any questions regarding the identity 10 of the informant? 11 Q. (By Ms. O'Neil-Baker) Do you recall who 12 your contact person was from the Holland Police 13 Department? 14 A. I don't recall who called me first, 15 but I had conversation with a Patrolman Morin and 16 Chief Gleason, either one or both together, 17 throughout this. 18 Q. At any point was your direct contact 19 Chief Gleason and not Officer Morin? 20 A. I think I answered that. Sometimes, 21 it was one. Sometimes, it was the other. Or 22 sometimes, it was both. 23 Q. Okay. 24 A. So, and it was a period of a few 21 1 weeks, so. 2 Q. But at any -- withdraw that question. 3 So, when a town contacts you to begin an 4 or that has a problem with drug dealers in their 5 community, what is the first thing that you do? 6 MS. LYNCH: Objection. You can 7 answer. 8 THE WITNESS: I review the facts of 9 the case and I decide whether we're going to 10 assist or not. 11 Q. (By Ms. O'Neil-Baker) What facts did the 12 Holland Police Department give you regarding that 13 property? 14 A. What facts? They gave me an 15 informant. They gave me a written statement. 16 They gave me a drive-by of the house. They gave 17 me identification of people in the house. And 18 they gave me the history of a lot of the things 19 going on there. 20 Q. Do you create a file on a certain 21 property when you're beginning an investigation? 22 A. The one you have. 23 Q. Did you bring a copy of that file today? 24 MS. LYNCH: Yes. In response to 22 1 your subpoena, here is an objection, first of 2 all, with respect to some of the documents that 3 you have requested. And here is a copy of the 4 documents that we're producing. We are not 5 producing documents with regard to the identity 6 of the informant or the identity of others who 7 might have provided information and we are not 8 producing information with regard to CORI, 9 except for your clients. 10 MS. O'NEIL-BAKER: Okay. Thank you. 11 Q. (By Ms. O'Neil-Baker) I'm going to have 12 you briefly look through this packet, just briefly. 13 MS. O'NEIL-BAKER: Can we just make 14 this Exhibit 6? 15 MS. LYNCH: And I should also say 16 it's indicated in the objection but we're also 17 not producing his personnel file. 18 (Exhibit 6, marked) 19 Q. (By Ms. O'Neil-Baker) I'm going to give 20 you this whole packet. I just want you to briefly 21 look through it and tell me if those documents came 22 from your file. 23 A. I know they came through my file. 24 Q. So, we were discussing the facts that 23 1 were given to you by the Holland Police Department, 2 correct? 3 A. Yes. 4 Q. With those facts, you created a file, and 5 what did you do -- what was your next step in your 6 investigation? 7 A. Well, I'm not sure it's the next 8 step, but we start to build a case. 9 Q. When you were speaking with either 10 Officer Morin or Chief Gleason from the Holland Police 11 Department, did they inform you of who the -- of a 12 specific target for the investigation or was it the 13 property in general? 14 A. I have to -- I think it was a 15 combination of both. I mean, the Bunns were big 16 marijuana people and the property was being used 17 in that capacity. 18 Q. Prior to being contacted by the Holland 19 Police Department, did you personally have any 20 knowledge of the Bunns or anything about that 21 property? 22 A. No. 23 Q. Did you ever participate in surveillance 24 of the property? 24 1 A. I did do some surveillance on the 2 property. 3 Q. Did you take notes during that 4 surveillance? 5 A. I may have or may have not taken 6 notes. I don't recall. I usually do, but it's 7 been so long, I don't really know if I took notes 8 or where they might be. 9 Q. If you did take notes, would they -- is 10 there a reason why they would not go into the file? 11 MS. LYNCH: Objection. You can 12 answer. 13 THE WITNESS: I don't know how to 14 answer that. I have hundreds of files. So, I 15 don't really know. 16 Q. (By Ms. O'Neil-Baker) Generally, as you 17 take notes, is your goal to get the notes back into 18 the file so you can use that information again? 19 A. There is some surveillance notes in 20 that file. Whether I have all of what happened 21 there five years later, I can't tell you. 22 Q. During your surveillance, did you ever 23 personally observe David Bunn who also goes by C.J. 24 Bunn on the property? 25 1 A. I'm going to say we had difficulty 2 seeing anybody on the property. It was a long, 3 winding driveway. We could cover the property, 4 seeing people coming and going, but I don't think 5 I've ever seen the guy, never met the guy. 6 Q. Same question for Judith Bunn. Do you 7 ever recall seeing her or meeting her personally? 8 A. I'll answer no because I don't know 9 what my surveillance was. 10 Q. Do you know who Chris Letendra is? 11 A. Chris Letender, he is a police 12 officer. 13 Q. Does he ever work with you -- 14 A. Yup. 15 Q. -- in the Task Force? Do you remember if 16 he was present during the search? 17 A. I don't remember. 18 Q. How about Steven Koslowski? 19 A. He is a Task Force member too. 20 Q. Do you recall if he was present during 21 the search? 22 A. I don't recall. 23 Q. Jeffrey Delessio? 24 A. He is a Task Force member. 26 1 Q. Do you recall if he was present? 2 A. No, I don't recall. 3 Q. Dana Renault? 4 A. Ignault. 5 Q. Ignault? 6 A. Task Force. Don't recall. 7 Q. Steve Dickinson? 8 A. He is a past member of the Task 9 Force. 10 Q. Do you recall if he was present on the -- 11 A. No, I don't. 12 Q. Do you know who Michael Zalonis is? 13 A. No. 14 Q. Have you ever heard that name before? 15 A. No, I don't think so. 16 Q. Do you recall the date in which you 17 received that first call or contact from the Holland 18 Police Department about the property at 90 Maybrook? 19 A. No, I don't. 20 Q. From the time that you received that 21 initial call to the date of the search which was March 22 27, 2003, do you recall how long a period of time it 23 was? 24 A. Well, if I don't remember the initial 27 1 call, then it's hard for me to say how long the 2 period was. 3 Q. Do you think it was more than a year? 4 A. No. 5 Q. Do you think it was more than three 6 months? 7 A. I would say it was less than three 8 months. 9 Q. Do you think it was less than a month? 10 A. No, I don't think so. 11 Q. Without telling me the actual identity of 12 the confidential informant that's identified as C.I. 13 62, what interaction did you directly have with that 14 confidential informant? 15 A. I met him. I interviewed him. I 16 picked out targets of dealers that he could help 17 us with, investigations he could help us with, and 18 I took information from him about drug dealing in 19 the area, and then I recruited him to make 20 patrolled narcotic buys for me at the Bunn 21 residence. 22 Q. Did you use him for any other 23 investigation besides 90 Maybrook? 24 A. Yes, I did. 28 1 Q. Did you use him prior to the 2 investigation on 90 Maybrook? 3 A. I think I used him in -- at the same 4 time. 5 Q. But you were introduced to him initially 6 through the Holland Police Department, correct? 7 A. That's correct. 8 Q. So, prior to the contact from the Holland 9 Police Department, you had no interaction with this 10 particular informant? 11 A. Correct. 12 Q. And then after the investigation at 90 13 Maybrook, you used him for other investigations? 14 A. Yes, I did. 15 Q. And that confidential informant was the 16 informant that was identified to you by the Holland 17 Police Department in that initial discussion? 18 A. I was introduced to him by the 19 Holland Police Department. 20 Q. Okay, but earlier you discussed all the 21 facts that the Holland Police Department gave you at 22 the inception of the investigation, right? 23 A. Well, they gave me a statement of 24 facts, but my job of course is to interview the 29 1 individual himself and to corroborate what needs 2 to be corroborated for my case. 3 Q. Okay. So, that individual that they 4 provided to you initially? 5 A. Then he becomes mine. 6 Q. And so, he's the one, the same individual 7 that was used through the controlled buys and he 8 provided the written statement? 9 A. Yes. 10 Q. So, it's not more than one individual? 11 It's just that one? 12 A. One. 13 (Exhibit 3, marked) 14 Q. (By Ms. O'Neil-Baker) I show you Exhibit 15 3. Have you ever seen that document before? 16 A. That's some of the notes taken from 17 Holland with our informant. 18 Q. Is that your handwriting? 19 A. No. 20 Q. Whose handwriting is that? 21 A. I won't be able to tell you. It was 22 probably Morin or the Chief, but I'm not going to 23 say for sure. 24 Q. So, it's not you? 30 1 A. No. 2 Q. Do you recall the first controlled buy 3 that was made at the property at 90 Maybrook? 4 A. I do recall some of it. 5 Q. Are you able to, without looking at 6 notes, able to distinguish the three buys? 7 A. I'll say that depending on your 8 question. 9 Q. That's fair. I mean, I'm just wondering 10 if there's something in the documents from your file 11 that might assist you as I ask questions. 12 A. Well, right on those buys, it's got 13 the dates, the times, the moneys attached to it. 14 Q. Just as I'm asking questions, I'm just 15 trying to find the best way to make this work. So, if 16 there is something from your file -- 17 A. If you handed me buy one when you 18 asked me about buy one, if you handed me buy two 19 when you asked me about buy two, same with three, 20 I'll answer them for you. 21 Q. Okay. Great. 22 A. In fact, they're right there. 23 (Exhibit 4, marked) 24 Q. (By Ms. O'Neil-Baker) I'm going to give 31 1 you a document that's Exhibit 4. Do you recognize 2 this document itself? 3 A. Yes, it's a copy of the photocopied 4 money from buy number 1 at the Bunns' and also an 5 evidence bag from buy number 1. 6 Q. There's a date on that, correct? 7 A. Yes. 8 Q. February 25, '03? 9 A. Yes. 10 Q. Does that mean that that's when the 11 controlled buy occurred? 12 A. Yes. 13 Q. Who was present on that day? 14 A. Myself and Morin. 15 Q. So, this is the money that you provided 16 to the confidential informant? 17 A. Yes. 18 Q. And then the confidential informant went 19 into the residence at 90 Maybrook? 20 A. We dropped him off right at the end 21 of the driveway. 22 Q. And then what happened? 23 A. He comes out, we shake him down 24 again, he has no money, and he hands over this 32 1 baggie of green leafy substance known to me as 2 marijuana. 3 Q. Who did he say gave him the substance? 4 A. I'd have to look at my affidavit, but 5 I'm almost sure that it said -- 6 MS. LYNCH: Can you give him back 7 the -- 8 THE WITNESS: -- David Bunn from the 9 kitchen area. 10 MS. LYNCH: Let me get my copy. 11 Q. (By Ms. O'Neil-Baker) You know what I'm 12 going to do is I'm going to give you this, this is 13 Exhibit 6, and you can just use this. Right now are 14 you looking at the affidavit that you prepared? 15 A. Yes, ma'am. 16 Q. Okay. I'm sorry. Did you already answer 17 the question? 18 A. He had bought the marijuana from 19 David G. Bunn in the kitchen area of the house. 20 Q. So, when the informant returned to the 21 car, that's what he told you correct? 22 A. Yes. 23 Q. Did you see David Bunn at the property 24 that day? 33 1 A. No. We didn't see anybody that day. 2 Q. Did you see the informant enter the 3 house? 4 A. We saw him walk up the driveway into 5 the house. 6 Q. Did you see him exit directly from one of 7 the doors of the house? 8 A. No. I think he came out the back but 9 he walked right back down the driveway of the 10 house. 11 Q. What other information did the informant 12 provide you when he returned to the car? 13 A. Well, this is five years later. I 14 guess I can't answer that right now other than 15 what I have documented here. He said he bought it 16 from David Bunn in the kitchen area of the house. 17 Q. Did he say if anyone else was present in 18 the house? 19 A. My recollection is that every time in 20 the house, there was numerous people in the house. 21 Q. When you do your initial interview of the 22 informant like you explained to me earlier, what type 23 of questions do you ask of an informant? 24 A. We ask a whole bunch of questions. 34 1 Q. Do you ask any questions regarding their 2 credibility? 3 A. If they've worked before with police 4 departments in the past, what their arrest record 5 is, all sorts of questions. 6 Q. Did this informant have an arrest record? 7 A. Yes, he did. 8 Q. Did he have any pending criminal charges? 9 A. Yes, he did. 10 Q. Did his assistance with your 11 investigations help him with his pending criminal 12 charges? 13 A. Yes, they did. 14 Q. Were his criminal charges dropped? 15 A. Yes, they were. 16 Q. What were the charges? 17 MS. LYNCH: Okay. I'm going to 18 object to that because I think that that would 19 be violating his CORI information. Instruct 20 the witness not to answer that question. 21 Q. (By Ms. O'Neil-Baker) Were any of his 22 charges specific criminal acts that would compromise 23 his credibility? 24 A. You mean, like has he ever lied 35 1 before? 2 MS. LYNCH: I think I'm going to 3 instruct the witness not to answer any 4 questions about the criminal charges because I 5 think that is protected CORI information. 6 Q. (By Ms. O'Neil-Baker) Without telling me 7 what his criminal charges were, were there any red 8 flags as to his credibility due to his criminal 9 charges? 10 MS. LYNCH: Objection. You can 11 answer, if you can. 12 THE WITNESS: I'm not sure what his 13 criminal history was. It wasn't that deep, I 14 remember that. So, he had some criminal 15 history but nothing that would shock anybody 16 K-9s show that he wasn't truthful. 17 Q. (By Ms. O'Neil-Baker) How many other 18 investigations did you use him on after the 90 19 Maybrook investigation? 20 A. Well, that's a hard question to 21 answer too. I guess I can't answer that. But he 22 gave us other information about other targets and 23 then he did other work for me in other areas in 24 other communities. 36 1 Q. Did you use his same C.I. number or does 2 he get a new one for each investigation? 3 A. I usually move C.I. numbers around 4 depending on the investigation. 5 Q. So, after the informant returned to your 6 vehicle in which only you and Officer Morin were 7 present in the vehicle, what did you do with the 8 informant? 9 A. Before we sent him in there, I strip 10 his pockets down and I take everything from him 11 and I put it -- I keep it. Then I give him money 12 that I had previously photocopied. I deliver him 13 to the end of the driveway and watch him walk up 14 the driveway. 15 When he comes back, he hands over the 16 product he just bought. We take him to an area 17 and we shake him down again and we talk to him 18 about what happened. 19 And then we give him his product 20 back -- his property back, and in some cases, we 21 might give him a ride home or give him a ride to a 22 location. 23 Q. What did you do on February 25th? 24 A. That's exactly what I did on February 37 1 25th. 2 Q. Did you bring him to a location? 3 A. I would always bring him to another 4 location close by and shake him down and interview 5 him. 6 Q. Did Officer Morin have any questions for 7 the informant? 8 A. I don't remember Officer Morin's 9 participation much in any of that. So, I don't 10 know. He was there. That's what I do. 11 Q. In 2003, how many people did you 12 supervise at the time that were part of the Task 13 Force? 14 A. It fluctuates with anywhere from 15 seventeen to twenty-two, I supervise, with just 16 the Task Force. 17 Q. You said that you assign out 18 investigations to other officers or agents? 19 A. Well, I oversee almost everything. 20 So, I determine what's needed for equipment, 21 manpower, money, the whole gamut, and then we 22 decide from there what we're going to do. 23 Q. Why were you on this investigation 24 instead of another officer? 38 1 A. I write the search warrants usually. 2 I write a good share of the search warrants and 3 this was a search warrant case. 4 And I was actually closer and more 5 close to Holland than certainly other agents would 6 have been. 7 Q. So, it was more of a geographical -- 8 A. No. I -- if I needed undercover 9 people, I would have brought in undercover people. 10 If I needed, you know, certain things, I would 11 have brought them in. This was a search warrant 12 case and I assisted Holland in the case. 13 MS. O'NEIL-BAKER: Mark this, 14 please. 15 (Exhibit 7, marked) 16 Q. (By Ms. O'Neil-Baker) This is Exhibit 7. 17 Do you recall seeing this document before? 18 A. That was the photocopied money for 19 the controlled buy number 2 and the pamphlet with 20 the plant fragments in it, 3/14/03. 21 Q. Who was present with you in your vehicle 22 on March 14, '03, for this controlled buy? 23 A. I believe I was alone that day. 24 Q. On page 2 of Exhibit 7, it says, place 39 1 evidence found, what does that mark on that line? 2 A. I don't know. Just half an O or 3 something. I don't know what that means. 4 Q. Okay. So, for a controlled buy number 2, 5 was it the same procedure as controlled buy number 1? 6 A. Yes, except that I didn't have 7 patrolman Morin with me. If I recall, they had a 8 bad accident or something and he couldn't meet me. 9 So, I had to do the -- I had to meet him alone 10 that day. 11 Q. But did you proceed with the controlled 12 informant like you did on the first buy? 13 A. Absolutely. 14 Q. Are these the dollar bills that you gave 15 to the controlled informant photocopies? 16 A. Yes. 17 Q. When he returned to the vehicle, who did 18 he say sold him the substance? 19 A. Bought the marijuana from the person 20 David Bunn in the kitchen area. 21 Q. That's what he told you? 22 A. Mm-hmm. 23 Q. That's a yes? 24 A. Yes. 40 1 MS. LYNCH: And you were referring 2 to your affidavit to answer that question? 3 THE WITNESS: Yes, I am. 4 Q. (By Ms. O'Neil-Baker) You don't have any 5 personal memory of what the informant told you 6 regarding the controlled second buy? 7 A. Five years later, I would say no. 8 Q. So, you are relying on your affidavit 9 which says that the informant told you that David Bunn 10 sold marijuana to the informant, correct? 11 A. Correct. 12 MS. O'NEIL-BAKER: Mark this, 13 please. 14 (Exhibit 8, marked) 15 Q. (By Ms. O'Neil-Baker) Here's Exhibit 8. 16 Have you ever seen that document before? 17 A. That's the photocopy of the $50 that 18 we sent C.I. in to make controlled buy number 3. 19 Q. Who was with you on that day? 20 A. Chief Gleason. 21 Q. Was there anyone else? 22 A. Not that I recall. 23 Q. Did you follow the same procedure that 24 you described? 41 1 A. For the controlled buy, I did. 2 Q. When the informant returned to the 3 vehicle, who did he say sold him the marijuana? 4 A. Danny. 5 Q. Had you ever seen Danny Collins before? 6 A. I knew he was in there. 7 Q. How did you know that? 8 A. Address listed there, informant told 9 us he was there, he told us the father was in the 10 hospital. He'd been telling us all along that the 11 father had medical history and had IVs sticking 12 out of his arms and all that other stuff. So, we 13 never knew for sure if the father was going to be 14 in there. 15 Q. Did the informant identify any other 16 individuals in the kitchen on that day? 17 A. I'll revert back to what I said 18 before, almost every time he went in there, there 19 was a slew of individuals on the property. 20 Q. Does that mean more than five? 21 A. Any -- just a number of. 22 Q. With the information that the informant 23 provided you, why did you never get an arrest warrant 24 for David Bunn? 42 1 MS. PELLETIER: Objection. 2 THE WITNESS: That's not a common 3 procedure. 4 MS. LYNCH: You can answer. 5 THE WITNESS: That's not a common 6 procedure. Courts don't give out arrest 7 warrants unless you feel that they're going to 8 flee or extreme crimes of violence. 9 I must say out of hundreds of 10 narcotic arrests, maybe only a dozen had arrest 11 warrants ahead of time. I just did a case with 12 that, but very predominantly it's a search and 13 seizure case and arrest warrants would not be 14 issued. 15 And these buys weren't used for 16 criminal complaints in a search and seizure 17 case. It's predominantly what you find is what 18 you charge them with. 19 Q. (By Ms. O'Neil-Baker) Can you explain 20 what a no knock warrant is? 21 A. We petition the courts for no knock 22 warrants so that, if we have to, we can take the 23 door down with no announcement, and we do that in 24 cases where we feel that people are going to be 43 1 combative, reach for guns or weapons or try to 2 hide or destroy evidence such as drugs and other 3 things. 4 Q. What's the other option? 5 A. Knock on the door and say it's the 6 police. 7 Q. So, you -- go ahead. 8 A. And give them opportunity to answer. 9 Q. So, even if you're granted a no knock 10 warrant, you still have that option of knocking on the 11 door? 12 MS. LYNCH: Objection. You can 13 answer. 14 THE WITNESS: You'll have to ask 15 that question again because I don't know what 16 you're really asking me. 17 Q. (By Ms. O'Neil-Baker) If you -- if the 18 Court allows you to proceed with a no knock warrant? 19 A. The Court allows you to proceed with 20 a no knock warrant, go ahead. 21 Q. Do you still have the option of knocking 22 on the door? 23 A. I don't understand what an option 24 would be to knock on the door. If you're granted 44 1 a -- if you're granted a warrant that isn't a no 2 knock, then you have to knock on the door. If 3 you're granted a warrant that says you don't have 4 to knock on the door, then you don't have to knock 5 on the door. 6 Q. But you can if you want to? 7 MS. LYNCH: Objection. You can 8 answer. 9 THE WITNESS: I guess you could if 10 you wanted to. 11 Q. (By Ms. O'Neil-Baker) Okay. You have 12 that option, correct? 13 A. I guess so. 14 Q. Do you recall what time of day the first 15 controlled buy was? 16 A. I'd have to refer back to that slip. 17 Q. I think it is Exhibit 6. 18 A. Let me see, we have 1800 hours here. 19 Six o'clock at night. 20 Q. How about controlled buy number 2? 21 A. No, I don't see a time written down 22 there. 23 Q. Do you remember what time of day it was? 24 A. Most of them were early evening. 45 1 That's all I can answer. 2 Q. How about controlled number 3? 3 A. I don't have that either. 4 Q. For Exhibit 8, which is the documents 5 relating to controlled buy number 3, if you look on 6 the second page, it says that the suspect is David G. 7 Bunn, correct? 8 A. I think it's got three suspects down 9 there. Am I looking at the right one? 10 Q. I'm just trying to figure that out. 11 A. David G., Daniel L. and Judith. 12 Q. Okay. So, for the third controlled buy, 13 you have as suspects David Bunn? 14 A. Suspects, yes. 15 Q. David G., Daniel L. and Judith A? 16 A. We have David G., Daniel L. and 17 Judith A. 18 Q. Okay. And then for controlled buy two, 19 the suspect just says Bunn? 20 A. Yeah. 21 Q. Why is that? 22 A. Well, I guess other than when I 23 filled it out, I didn't put David in there. I 24 don't know. 46 1 Q. What changed between the second and the 2 third buy to change the suspects from David Bunn to 3 David, Daniel and Judith? 4 A. I put them three names down as a 5 suspect because we have to walk -- we have to walk 6 a thin line as to investigating as to releasing 7 things on our informant. Things like quantity 8 bought, things like moneys spent, things like who 9 actually did the hand to hand, and what room, and 10 on and on. 11 If you documented everything that he 12 said and did in there and by whom and how much and 13 this and that, then you wouldn't be able to leave 14 your informant confidential. 15 So, in the third buy, we put that he 16 bought from the Bunn residence in the kitchen 17 area, not saying who he bought from because it 18 wouldn't have been that hard for the Bunns to 19 figure out who Danny sold to on that day out of 20 that house, and then we would have had problems 21 with our informant. That's why. 22 Q. So, you remember that? 23 A. Yes, I do, specifically. The father 24 was in the hospital, and I think I put in my 47 1 search warrant too that we bought from the Bunn 2 house in the kitchen area, and then the following 3 paragraph, I put in there that when David wasn't 4 available, that his son on occasion, either the 5 wife Judy or son Daniel Collins would sell the 6 marijuana in the house if the father was not home. 7 That's in the very following paragraph. 8 So, that was my way of giving the 9 Court what happened but not misrepresenting 10 myself. 11 Q. So, the way you drafted the application 12 was to protect the confidential informant? 13 A. Well, you can't say that's the way 14 you draft it. You have to supply enough 15 information to the courts to be able to accomplish 16 your task of getting a search warrant, but you 17 still have to walk a fine line as to try not to 18 divulge certain information that will identify 19 your informant. 20 That's why we don't identify how much 21 the money was. That's why we don't identify what 22 was bought. And we don't get too particular about 23 what happened to who especially the last buy or 24 two because that's the most recent. 48 1 So, if buys happen a month or two 2 ago, then the target would know who he sold to a 3 month or two ago, but if it was in the last 4 forty-eight hours, and he read that, and he read 5 that Daniel sold it to him and it was in the 6 kitchen and it was for a certain amount, by a 7 certain amount of money, then in a minute they 8 would know who your informant was. 9 So, we have that fine line as 10 investigators to protect our informant and give 11 the courts the correct to get your search 12 warrants. 13 Q. So, in Exhibit 8, where it says within 14 the last forty-eight hours, how do you know what day 15 it was -- forty-eight hours from what day, how do you 16 know? 17 A. I know from writing search warrants 18 that one of the requirements is you have to have a 19 fresh buy. And in my court, when I write them, 20 they want it usually within forty-eight hours. 21 Sometimes you get by with seventy-two hours 22 depending on the situation. 23 So, I always put within the last 24 forty-eight hours so that the Defendant has a 49 1 forty-eight hour span of who could this be rather 2 than a specific date, but I'm testifying to the 3 court that it was within forty-eight hours. 4 Now, in this situation, it was within 5 forty-eight hours, and on the controlled buy form 6 I have, I actually put the date which was 25th or 7 something? 23rd. So, my search warrant 8 application went in on the 25th, I believe, and on 9 the 23rd was my controlled buy. So, it's giving 10 me another day of the informant could have been 11 anybody within forty-eight hours. Maybe it was 12 only one guy on the 23rd. It's my way police 13 officers have of trying to protect the informants 14 that are helping us. 15 Q. But you yourself know the actual date 16 that it occurred? 17 A. I do. I write it on the buy slip so 18 if I have to give it up months later or in this 19 case five years later, I got -- I have it. 20 Q. Besides the three controlled buys, did 21 you ever meet with the informant on other occasions 22 related to this investigation? 23 MS. PELLETIER: Other than he 24 already testified to with respect to meeting 50 1 him and getting information from him and 2 getting a statement from him? 3 MS. O'NEIL-BAKER: I don't recall -- 4 THE WITNESS: I had one or two 5 meetings with him prior to doing controlled 6 buys. I don't know the exact amount. And then 7 of course during the investigation, I had him 8 doing other stuff for me, and then after the 9 investigation, he continued to do other stuff 10 for me. 11 Q. (By Ms. O'Neil-Baker) Did you ever meet 12 with the confidential informant with Chief Gleason 13 with the exception of that controlled buy? 14 A. I'm not sure who was there. I don't 15 know. It may have been that -- he may have been 16 there. May not have been there. I don't know may 17 have been Morin or both of them. I don't know. 18 Q. Was the informant's girlfriend ever 19 there? 20 A. I don't ever remember a girlfriend or 21 a boyfriend. 22 Q. With the exception of the controlled 23 buys, did you actually conduct surveillance on the 24 property at 90 Maybrook? 51 1 MS. LYNCH: I didn't hear that. Can 2 you just repeat the question? 3 Q. (By Ms. O'Neil-Baker) With the exception 4 of the controlled buys, did you conduct surveillance 5 on the property at 90 Maybrook? 6 MS. PELLETIER: He already testified 7 to that. 8 THE WITNESS: I think I testified 9 that I did some surveillance, but I don't have 10 recollection of all or any of it. I know I had 11 a couple notes on surveillance in my folder. 12 MS. O'NEIL-BAKER: Would you make 13 that Exhibit 9? 14 (Exhibit 9, marked) 15 Q. (By Ms. O'Neil-Baker) Could you look 16 through Exhibit 9 and tell me -- 17 A. They are some of my notes. 18 Q. -- if any of those notes are from your 19 surveillance? 20 A. You redacted a car I had written down 21 here. 22 MS. LYNCH: I'm sorry? 23 THE WITNESS: I had a car written 24 down here. You redacted that. I would say 52 1 that just a couple of cars are written in here 2 which were cars that I would have got from 3 surveillance and I know we had a specific car 4 that was in this file that has been withheld, 5 correct? 6 MS. LYNCH: I believe that -- 7 THE WITNESS: Yes. 8 MS. LYNCH: -- license plate numbers 9 were redacted. 10 THE WITNESS: Yes. 11 MS. LYNCH: Identifying information 12 about other individuals. 13 THE WITNESS: So, that's my answer. 14 Q. (By Ms. O'Neil-Baker) The first page of 15 Exhibit 9, is that your handwriting? 16 A. Yes, it is. 17 Q. Did you have any information that the 18 Bunns were armed or combative? 19 A. I thought that they were -- I had 20 information they were very obnoxious and stuff 21 like that, but I don't know about armed. 22 Q. Did you have any fear of that when you 23 wrote this, that they were armed or dangerous or 24 combative when you wrote the search warrant? 53 1 A. When we write a search warrant, we 2 don't know who is going to be in the house or what 3 we're facing in the house. So, I will say yes. 4 Q. Just because of the unknown? 5 A. Just because you know what you could 6 find in there. I wouldn't say the unknown. It's 7 very common for drug dealers to store handguns and 8 guns, rifles, assault rifles, assorted stuff with 9 their drugs, very common, more so than not. 10 Q. Prior to the controlled drug buys that 11 you participated in, what information did you have 12 that the residents at 90 Maybrook were drug dealers? 13 If you would like, I'd give you Exhibit 9. 14 A. I think it's pretty much spelled out 15 in my affidavit. They had a huge history of drug 16 usage and dealing, that residence was identified 17 as definitely theirs by Registry of Motor 18 Vehicles, by the Holland street listings, by 19 knowledge from both an informant and the police 20 department out there, and that they're renowned 21 drug people. 22 Q. And that information you received from 23 Chief Gleason or a different source? 24 A. That's a combination of what I 54 1 received. I mean, I corroborate what I'm given, 2 and that's what I did. 3 Q. So, you said there was a history of drug 4 dealing, correct? 5 A. I think we had some distributions. I 6 don't know his actual BOP, but if I remember right 7 when you ran his history, if I remember right, I 8 thought it hit the floor. 9 Q. So, that's David Bunn, right? 10 A. Yeah. 11 Q. So, you were looking at two different 12 things, the actual criminal history of the individuals 13 but also the reputation of the property itself? 14 MS. LYNCH: Objection. You can 15 answer. 16 THE WITNESS: I don't know about the 17 reputation of a property itself. And I don't 18 know about the history of the -- when we do an 19 investigation, we corroborate what we try to do 20 there. That's what we did. This was a search 21 warrant case. So, if the person lives there 22 and is selling drugs out of there, then we get 23 search warrants and go there. That's what we 24 do. And that's what we did here. 55 1 Q. (By Ms. O'Neil-Baker) Have you ever 2 testified in court? 3 A. Yes, I have. 4 Q. Do you know how many times? 5 A. Hundreds. 6 Q. Have you ever testified in a deposition? 7 A. I've been deposed before. 8 Q. The times that you were deposed, were 9 they in civil cases, were any of them for civil cases? 10 A. Yes, they were mostly civil cases. 11 Q. Were those that were civil cases, did 12 those cases involve your testimony related to your 13 work? 14 A. Yes. 15 Q. But you've never been a defendant in any 16 action? 17 A. I've been deposed for -- 18 MS. LYNCH: I'm just going to 19 object. I think it's been asked and answered, 20 but go ahead and answer one last time. 21 THE WITNESS: I've been deposed 22 before for like bad motor vehicle accidents 23 I've investigated. I was deposed once for a 24 M.C.A.D. suit that the police department was 56 1 involved in. But I have never been deposed for 2 any criminal wrongdoing that I've done or that 3 were involved in. I've never had any criminal 4 complaint against me, never had any -- nothing 5 against me. Never been accused of anything at 6 all. 7 Q. (By Ms. O'Neil-Baker) So, when you were 8 named as a defendant in this case, it was the first 9 time that you were named as a defendant? 10 MS. LYNCH: Well, I'm he going to 11 object because I think that's been asked and 12 answered already. 13 Q. (By Ms. O'Neil-Baker) When you drafted 14 the affidavit for the search warrant that you signed, 15 did you review that with Chief Gleason? 16 A. No. 17 Q. Why not? 18 A. He doesn't know anything about it. 19 MS. PELLETIER: Objection to form. 20 Q. (By Ms. O'Neil-Baker) About the 21 application? 22 A. Chief Gleason is limited in his 23 abilities to write a search warrant or to do a 24 drug case, and that's why he called me, to help 57 1 him. I don't know if he's ever seen an affidavit, 2 never mind assist me in writing one or looking at 3 it. So, no, he didn't see any of this. 4 Q. You mentioned Chief Gleason in the 5 affidavit itself though, correct? 6 A. I would assume he's in there. 7 Q. Did he ever ask to review this prior to 8 it being submitted to make sure the information 9 regarding himself was correct? 10 A. I don't recall. 11 Q. If he had asked, would you have provided 12 him a copy? 13 MS. PELLETIER: Objection. 14 MS. LYNCH: Objection. You can 15 answer. 16 THE WITNESS: I would have 17 cooperated with him with anything he wanted to 18 see or do. Of course. 19 Q. (By Ms. O'Neil-Baker) Prior to having 20 the search warrant issued on March 25, 2003, did you 21 give Chief Gleason a copy of the paperwork you were 22 submitting? 23 A. I don't think he had anything to do 24 with the search warrant. I'm sure he didn't. 58 1 Q. Okay. So, that means that you didn't 2 give him a copy or anything? 3 A. No. 4 Q. Did you let him know that you were filing 5 a search warrant? 6 A. He would have known that we were 7 applying for a search warrant, yes. 8 Q. How would he know that? 9 A. I would tell him, that it's time. 10 Q. Once the search warrant was issued on 11 March 25, 2003, did you notify Chief Gleason that you 12 could in fact execute the search warrant? 13 A. I notified him, I'm sure, that the 14 search warrant, that we had a search warrant, we 15 were getting a search warrant for a certain date. 16 Q. Did you meet with Chief Gleason before 17 the search warrant was executed on March 27, 2003, 18 hold on, between the time that it was issued on March 19 25th, 2003, and the time it was executed on March 27, 20 2003? 21 A. I met with him prior to it being 22 executed. Whether we met the day or so, I don't 23 know, can't recall. 24 Q. What were the circumstances that you met 59 1 with him? 2 A. When we were getting ready to go do 3 the house. 4 Q. The morning of? 5 A. Yes. 6 Q. Who else was present at that time? 7 A. I don't really know. State Police 8 were there. Holland police was there. I was 9 there. And Chief Gleason. Other than that, I 10 don't know who else was involved and who was or 11 wasn't involved, but I know there was other people 12 there. 13 Q. Any other members from your Task Force? 14 A. I know I had Task Force. I just 15 don't know who. 16 Q. Do members of your Task Force wear any 17 type of uniform? 18 A. We have a raid outfit we wear. 19 Q. What's that outfit? 20 A. Has a police hat, has a black jacket 21 saying police on the front and the back. 22 Q. You refer to that as your raid outfit? 23 A. Yes. 24 Q. The search warrant that -- the search of 60 1 90 Maybrook on March 27, would you refer to that as a 2 raid? 3 A. Mm-hmm. 4 Q. That's yes? 5 A. Yes. 6 Q. Do you recall what any of the other law 7 enforcement agencies were wearing? 8 A. We had marked units there from the 9 State Police and marked units from Holland police 10 and we had individuals in raid gear. 11 Q. Who coordinated all of the different law 12 enforcement agencies to appear that morning? 13 A. I did. 14 Q. Are there particular officers from the 15 State Police department that you use for these type of 16 raids? 17 A. There normally is, but that's 18 Hampshire, that's a different -- their State 19 Police is out there in Sturbridge. It's a 20 different county. So, I requested that they 21 assign me some uniform people. Which ones they 22 assigned, I don't really know. 23 Q. And that morning briefing took place at 24 the Sturbridge barracks? 61 1 A. Yes, it did. 2 Q. How long was that briefing? 3 A. I don't recall. Maybe less than an 4 hour. Somewhere in that range. Somewhere. 5 Q. Did you bring a copy of the search 6 warrant with you to the briefing? 7 A. Yes. 8 Q. Did you show Chief Gleason a copy of it? 9 A. I don't know. 10 Q. What was the purpose of the search of 11 that property? 12 A. To find marijuana. 13 Q. And did you explain that to the 14 individuals that you were working with that were at 15 the briefing that morning? 16 A. Yes, of course. 17 Q. You were the lead agent for the raid 18 itself, correct? 19 A. Yes. 20 Q. So, during the briefing, did you do the 21 majority of the talking? 22 A. Yes. 23 Q. What did you explain the process to be 24 for that morning's raid? 62 1 A. What was our plan? 2 Q. Yes. 3 A. I had three or four vehicles to lead 4 the procession and about four or five unmarked 5 vehicles and the unmarked -- the undercover 6 vehicles were to go in the driveway first followed 7 maybe by 100 or 200 yards behind by the marked 8 units and that we had a front door and a back 9 door, maybe a side door too. I don't know. There 10 was two or three teams, and that job was to get in 11 the door as quick as we could and secure the 12 people in there. 13 Q. Did you instruct all of the agents to 14 have their weapons drawn when they entered the house? 15 A. I don't give that instruction. I 16 can't imagine too many people not going into a 17 building without a gun drawn, but that's not my 18 instruction. 19 Q. So, that's up to their own discretion? 20 A. I'm sure that the initial people that 21 got in there had their guns drawn, but I don't 22 instruct them to do that. 23 Q. Did you speak directly with Chief Gleason 24 that morning? 63 1 A. I'm sure I did. I talked to the 2 whole crowd. Of course, he was there with his 3 men. 4 Q. Do you recall what his mood was that 5 morning? 6 A. I don't know about a mood. I can't 7 say anything about that. 8 Q. Prior to the Holland Police Department 9 contacting the Task Force in regards to the 90 10 Maybrook, had you ever met Chief Gleason? 11 A. I think we went over that before. 12 MS. LYNCH: Yeah. Objection. Asked 13 and answered. 14 MS. O'NEIL-BAKER: I don't think so. 15 MS. LYNCH: Go ahead. 16 Q. (By Ms. O'Neil-Baker) Go ahead. 17 A. I knew him a little bit. I knew 18 enough to know that he was Chief and maybe talked 19 to him a few times and I don't know if I've helped 20 him before that. Maybe. 21 Q. So, when the Holland Police Department 22 called you directly to initiate the investigation, you 23 already knew Chief Gleason? 24 A. I knew who he was. The Chief. 64 1 Q. Did you ever meet with Chief Gleason 2 during your investigation but outside the controlled 3 buys to discuss the case? 4 A. I don't recall. I think I already 5 testified I don't know how many meetings I had 6 before or after exactly who was there. 7 Q. Did you ever drive by the property 8 together with the exception of the controlled buys? 9 A. I think I testified earlier that I 10 was shown the property at the beginning of this. 11 I just don't know whether it was Morin or Gleason 12 or both or exactly the whole scenario. 13 Q. If you could look at exhibit -- 14 A. Which one? 15 Q. Yes, right here, your affidavit. If you 16 could look at page 2 of your affidavit, in the third 17 paragraph, the second and third paragraph describe the 18 issue of a discrepancy between the numbers of the 19 house? 20 A. Mm-hmm. 21 Q. Whether it's 80 or 90. Why was that 22 relevant for this application? 23 A. That's very relevant because you 24 could lose a drug case very easily if it's listed 65 1 or could be listed as the wrong house number. So, 2 in this case, some were using 80 Maybrook, some 3 were using 90 Maybrook. So, as an investigator, I 4 guess one of the aspects of this case was to make 5 sure it was a number 90 and not a number 80. 6 Q. Okay. 7 A. So, I described to the Court why I 8 went with number 90 and that's because of the 9 black letters clearly visible on the mailbox in 10 front of the Bunn house. 11 Q. So, it had nothing to do with individuals 12 misrepresenting where they lived; it was more just to 13 make sure that you had the right property? 14 A. Part of my investigation is to make 15 sure that I have the right property. If 80 is the 16 next door one and it's saying 80 on the search 17 warrant, then -- 18 Q. There could be problems? 19 A. Yes. 20 Q. Right. 21 A. So -- 22 Q. So, it didn't have to do with the 23 residents? 24 A. No. It just had to do with the fact 66 1 that I guess out of the people in the house, they 2 didn't really know whether they lived in 80 or 90. 3 Q. Okay. So, at any point did Chief Gleason 4 explain to you that the houses in Holland were 5 re-numbered at some point? 6 A. I'm not sure if he did that, but I 7 got a big copy of the Holland street listing to 8 verify what I needed to. I think that was in my 9 file or something. That was the reason it was in 10 the file because I wanted to be sure I had the 11 right house. 12 Q. Your affidavit details very specifically 13 information that Chief Gleason provided to you. Did 14 you ever -- 15 A. That's not correct. Chief Gleason 16 gave me some information and an informant. I 17 corroborated and investigated this case. 18 Q. So, you were in charge of the 19 investigation and the case and the search, correct? 20 A. I'm in charge of putting the case 21 together to write the search warrant and have the 22 people go there. Holland did their other thing 23 collection of evidence or whatever they did at the 24 time. My job was to viable target, build the 67 1 case, corroborate, investigate, write a search 2 warrant, put the case together, and go there. 3 Q. Okay. So, once you're there -- 4 A. Yeah. 5 Q. -- does your job end? 6 A. No. I stand there and let the people 7 search and do the things they need to do. 8 Q. Okay. So, once the search is over, is 9 that where your job ends? 10 A. Well, not completely because I have 11 search warrant returns to do things like that, but 12 our Task Force is set up that if there's drugs to 13 be collected, it's at the community that the 14 search occurs, and if there's bodies to be taken, 15 then they go to the community that the person is 16 arrested in. 17 So, I dole out responsibilities and 18 Holland had responsibilities and, you know, I had 19 some responsibilities. 20 Q. Were any arrests made on that actual day 21 of the search? 22 A. My recollection is we didn't take 23 anybody out of there in handcuffs. 24 Q. If someone needed to be arrested, whose 68 1 decision would that have been? Would that be in your 2 jurisdiction or the community that you -- 3 A. It might be a mutual decision, do we 4 want to take them or not. It's very unlikely we 5 don't take them, but in this case, we didn't take 6 them. 7 Q. Do you know why? 8 A. I'm sure there was a number of 9 reasons. 10 Q. Were you part of that decision? 11 A. Yes. 12 Q. Who else was part of that decision? 13 A. It would have been the Chief. 14 Q. Do you recall talking with him and 15 deciding whether to actually make an arrest that day 16 or not? 17 A. I remember at the scene us having to 18 make a decision whether we were going to take them 19 or not. 20 Q. Do you recall why you decided not to? 21 A. Oh, yeah. I do recall. 22 Q. What was that? 23 A. Kids in the house, tons of evidence 24 to record, everybody's very cooperative and decent 69 1 at the scene, and there was no reason not to have 2 to summons them into court. If they were fighting 3 and were, you know, having all sorts of other 4 problems, they would have been gone, but they were 5 cooperative and had children and we had a lot of 6 evidence and things to document and take care of. 7 So, there was a decision to summons. We don't 8 arrest if we don't have to, but most cases, we do 9 have to. 10 Q. If an arrest was made, it would have gone 11 to the Holland -- 12 A. Yes. 13 Q. -- police jurisdiction? 14 A. Yes. Then they would have shipped 15 them to the State Police or something. So, I'm 16 sure that weighed in it too. They don't have 17 really good facilities for that kind of stuff. 18 Q. You were talking about the evidence, you 19 categorized the evidence? 20 A. I didn't. 21 Q. Cataloged? 22 A. I didn't but Holland did. Holland 23 took the evidence from the scene to be cataloged 24 and I needed of course a copy of it for my return 70 1 on the search warrant which I only have a few days 2 to do. So, I'm sure that before I left, I told 3 them I need a copy of the evidence that was seized 4 for my return. 5 MS. O'NEIL-BAKER: Mark this, 6 please. 7 THE WITNESS: And they took the 8 evidence. I left town without and my people we 9 wouldn't take evidence. It stays in the 10 community. 11 (Exhibit 10, marked) 12 MS. O'NEIL-BAKER: Exhibit 11, 13 please. 14 (Exhibit 11, marked) 15 (Exhibit 12, marked) 16 (Exhibit 13, marked) 17 Q. (By Ms. O'Neil-Baker) Earlier, you 18 testified that the information that the Holland Police 19 Department gave you, you took and then corroborated 20 yourself, correct? 21 A. Yes. 22 Q. If you could look at exhibit -- that one 23 right there -- is that 8? 24 A. The affidavit? 71 1 Q. Yes, that whole packet. 2 A. That's 6. Affidavit is 6. 3 Q. So, if you look at Exhibit 6, on page 2, 4 actually, page 1, the fourth paragraph down, you wrote 5 that Chief Gleason reported this to agent -- to this 6 agent that the Holland Police Department had been 7 receiving information that a David Bunn whom lives 8 with his family on Maybrook Road in that town was 9 selling marijuana from the house? 10 A. Mm-hmm. 11 Q. What did you do to corroborate that 12 information? 13 A. Well, I sent an informant in to make 14 marijuana buys out of the house. 15 Q. Anything -- 16 A. That was my best corroboration I 17 could have. 18 Q. Did you do anything else? 19 A. I did a history on the individual. I 20 did some surveillance on the property. I 21 interviewed an informant that I had. 22 Q. On page 2, you wrote that the 23 confidential informant, it's the fifth paragraph down, 24 that the confidential informant stated that he or she 72 1 had been to the Bunns' residence on more than ten but 2 less than fifty occasions in the past two years. 3 Did you do anything to corroborate that 4 information? 5 A. Well, the only way you can 6 corroborate it is to be able to put him in there 7 yourself and have him come out. If he was a 8 stranger to the location, then he wouldn't have 9 been able to go in and out of there. He certainly 10 wouldn't have been able to go in and out of there 11 to buy marijuana. 12 Q. On page 5, on the third paragraph down. 13 MS. LYNCH: I'm sorry, which page? 14 MS. O'NEIL-BAKER: Page 5. 15 Q. (By Ms. O'Neil-Baker) Third paragraph 16 down, you stated that Chief Gleason had verified that 17 it was -- that it is common knowledge in the Town of 18 Holland that David G. Bunn is an advocate of 19 legalizing marijuana. 20 Besides what Chief Gleason told you, did 21 you do anything to corroborate that information? 22 A. I read some articles on him, 23 newspaper articles on him, and I might even have 24 gone on-line, if I remember right, and I did a 73 1 criminal history check on him. 2 Q. Did Chief Gleason provide you with those 3 newspaper articles? 4 A. He may have, some of them, and some 5 of them, not. 6 Q. Could you flip to the last pages of that 7 document you have, see if there's newspaper articles 8 attached to them? 9 A. Yeah. This is one here. 10 Q. Do you recall if Chief Gleason gave you a 11 copy of that article? 12 A. I believe he did. 13 Q. Did you attach this newspaper article to 14 the application for the search warrant? 15 A. I believe I did. 16 Q. On page 5 of your affidavit, third 17 paragraph down, you've stated that Chief Gleason 18 acknowledged that he has seen Mr. Bunn in a red Dodge 19 Caravan that is registered to the wife, Judith A. 20 Bunn. Chief Gleason stated that he has seen that red 21 van in the past and it contained many bumper stickers 22 on it advocating or supporting marijuana or its 23 legalization. Did you do anything to corroborate that 24 fact? 74 1 A. I don't recall what my surveillance 2 was on the red van because I don't have my notes 3 from this far back, but I'm pretty sure there was 4 a red van there. 5 Q. Do you recall seeing any of the stickers 6 that you mentioned in that paragraph? 7 A. No. 8 Q. If you had seen those stickers, would you 9 have noted that? 10 A. No, I wouldn't have. Chief Gleason 11 is a fellow police officer and the information he 12 gives me is certainly privy for me to put in the 13 police report. If an officer or agent is working 14 with me on an investigation and he has seen or 15 uncovered something, then he is reliable in the 16 fact that he's a police officer and he's working 17 the investigation with me. 18 Q. So, some information that Chief Gleason 19 gave you, you did corroborate, and some, you just 20 relied upon his statements? 21 A. I think I testified already he gave 22 me an informant and information on a target and I 23 investigated and corroborated information on that. 24 Q. Okay, but you didn't about the van? 75 1 A. I don't have -- I don't have any 2 written knowledge of the van, being five years 3 later, but there was a red van. 4 Q. Okay. So, you remember the red van, and 5 the notes that you provided today which are now 6 Exhibit 9, there's no notes in there about the red 7 van? 8 A. You know, I think there is something 9 in there about a van. 10 Q. If you want to take time and look 11 through, feel free. 12 A. What does that say, green Camry. I 13 think we did have something in here about a van. 14 '88 Dodge Caravan. I believe that's it in my 15 notes. 16 Q. So, if it showed up in your notes, does 17 that mean that you actually saw it or those are the 18 notes that you took while talking -- 19 A. I would say those are some of my 20 surveillance notes. 21 Q. Is there any mention of bumper stickers? 22 A. No. 23 Q. Did you ever take pictures of the van? 24 A. No. 76 1 Q. If you could look through your notes and 2 let me know if you have any specific separate notes 3 about the second controlled buy other than the 4 documents that we already looked at about the second 5 controlled buy? 6 A. I don't have -- I gave up all my 7 notes on the buys to my knowledge. I had nothing 8 else. 9 So, other than the drugs, the 10 photocopied money, and the form that the drugs are 11 sitting in, I don't believe I have anything else. 12 And my reference in my affidavit to it. 13 Q. You don't recall Chief Gleason being with 14 you during that controlled buy? 15 A. I think I testified already that I 16 had Morin with me on one, and I'm just referring 17 to my notes of course, I think in my notes and 18 affidavit, I referred to Patrolman Morin in the 19 first buy, I think I've testified that I was by 20 myself on the second buy, because they had a bad 21 accident or something, they couldn't meet me, and 22 then I think I testified in the third buy that, 23 according to my notes, I had Chief Gleason with 24 me. That's just from referring to my notes that I 77 1 had on those buys. 2 Q. So, other than the notes, you don't have 3 any personal recollection? 4 A. About what? 5 Q. Chief Gleason being there during the 6 second controlled buy. 7 A. No, I don't have any personal 8 recollection of remembering him being there. I 9 would assume -- I mean, I would guess that he 10 would have been written down in my -- if he was. 11 Q. Do you know where the Bunns live now? 12 A. I thought they moved to Maine or 13 something. 14 Q. How did you know that? 15 MS. LYNCH: Well, I'm going to 16 instruct you to the extent that your 17 information is information that you received 18 from me, then you should not answer, but if you 19 have an independent memory. 20 THE WITNESS: No, just from you. 21 Q. (By Ms. O'Neil-Baker) Do you know any 22 officers in Maine? 23 A. Not personally, no. 24 Q. Have you spoken to any officers in Maine 78 1 in the last two months? 2 A. No. I did talk to an officer in 3 Maine up on the line about a murder, but nothing 4 to do with this. 5 Q. Who is the first agent to enter the house 6 on March 27th? 7 A. I don't recall, ma'am. 8 Q. Was it you? 9 A. I usually don't do -- I have young 10 people that go that are younger than me that -- I 11 don't usually enter first. I'm sure there, but I 12 don't usually enter first. 13 Q. When you first entered the house, do you 14 recall where you entered? 15 A. There was a back door. 16 Q. When you entered, were any of the 17 residents of the house in the kitchen when you first 18 entered the house? 19 A. Once again, I'm looking at five years 20 back. I have no notes to refer to as to who went 21 with me that day or where anybody was in the house 22 or any of that or even what their names were at 23 the time. 24 Q. Do you recall being in the house? 79 1 A. I remember that I was in that house. 2 Q. Do you remember anything about being in 3 that house? 4 A. I remember there was like three big 5 floors. I remember there was some young people 6 there. And I remember finding a ton of 7 paraphernalia and a lot of marijuana and 8 fragments. I remember Dodge running around. I 9 remember everything was -- everybody was very 10 cordial and it was very low key. Just that kind 11 of stuff. 12 Q. Do you remember if the -- you said there 13 was three floors. Was the top floor searched? 14 A. I believe everything was searched. 15 Our search warrant was for the whole house. So, 16 we wouldn't have just searched -- I think there 17 was like a full basement and a first floor and a 18 second floor. So, I don't really know if you 19 would call it a third floor. 20 Q. Did you use any K-9s or anything for the 21 search of the house? 22 A. I do believe we had a K-9. I just 23 don't know who brought one. 24 Q. Do you have one as part of your Task 80 1 Force? 2 A. We use a multitude of dogs depending 3 on where we are and what dog's available. 4 Q. But it's part of the Task Force? 5 A. No. We call them in. We have dogs 6 in the area that if their trainers are available, 7 they'll bring them. So, depending on the area to 8 be searched and what we need, we may call for a 9 dog or two dogs. We may not. 10 If I remember right, we did at least 11 have one dog there. I don't know who brought it. 12 If it was a Statie's K-9, who it was. I don't 13 know. 14 Q. Do you know if the dogs found anything? 15 A. I don't know that either. 16 Q. Do you remember Chief Gleason's 17 involvement during the actual raid? 18 A. Well, he was just with the rest of 19 us. So, I guess he -- I don't know exactly what 20 he would have been doing other than he went with 21 us on the raid with some uniform people. 22 Q. Once you begin your investigation -- 23 Well. Once you began this investigation 24 after the Holland Police Department contacted you, 81 1 what is the role of the -- what was the role of Chief 2 Gleason during that time? 3 MS. PELLETIER: Objection. 4 THE WITNESS: Well, he kept me 5 apprised of what was going on, and if I asked 6 him to gather information for me or produce 7 something for me, he would. But he 8 predominantly would have just been assisting 9 me. 10 Q. (By Ms. O'Neil-Baker) Then at the 11 conclusion of the search, all the evidence that's 12 collected goes back to the Holland Police Department? 13 A. Yes. And we go home. 14 Q. Were you ever contacted to assist in the 15 prosecution of the criminal charges against Judith 16 Bunn or Christena Dodge? 17 A. I was getting some phone calls from 18 the prosecutor, yes. 19 Q. Did they ever ask you -- did the 20 prosecutor ever ask you to appear in court? 21 A. I don't recall. 22 Q. Did you ever appear in court? 23 A. I don't recall that either. 24 Q. Do you know what happened to the criminal 82 1 charges against Christena Dodge and Judith Bunn? 2 A. I know they dismissed them. 3 Q. Did you ever try to get the charges 4 reissued? 5 A. No. I think I was part of them being 6 dismissed. 7 Q. What does that mean? 8 A. It meant that the prosecution had to 9 make a decision on whether to give up certain 10 information on informants and this and that and 11 they had to make a decision on whether -- what 12 they were going to do with the case. If I 13 remember correctly, the Bunns filed numerous 14 motions, delayed prosecution for several months 15 with like health issues and all that kind of 16 stuff, and months later, I can't say how long, but 17 I know several months later, might have been a 18 year or two later, after we were at the house, the 19 prosecution, prosecutors talked to me about the 20 case and we made a decision not to go forward with 21 or not to give up certain information in the case, 22 and as a result of that, the case went south. 23 Q. That information, was that specifically 24 the identity of the informant? 83 1 A. They were requesting copies of a lot 2 of the drug stuff and identity of the informant 3 and this and that, and at the time of the request, 4 our informant was -- we didn't want to compromise 5 anything with the informant. 6 So, the Bunns had moved or were in 7 the process of moving, no longer was drug dealing 8 going on in Holland at that house, the Bunns had 9 terrible health and were iffy about whether they 10 were going to even attend. Our chance of 11 incarcerating him under that were slim to none and 12 we had an informant that was ongoing with us that 13 we didn't want to compromise. 14 Q. So, the benefit of keeping the informant 15 confidential so you could use him in the other 16 investigations was more important than prosecuting the 17 charges against the Bunns? 18 A. Yes. And I'm not saying they dropped 19 the charges against the Bunns, but I'm saying -- 20 what I'm saying is that they didn't -- I don't 21 know how they actually worked it out, but we 22 weren't giving up certain stuff on the informant, 23 and that's a reason why the case kind of went 24 south. 84 1 Q. Do you recall ever discussing that with 2 Chief Gleason? 3 A. No. I don't recall whether he was 4 privy to that or not. I had several conversations 5 with the prosecutor at the time, with the Palmer 6 District Court prosecutor over there, and I also 7 had a lot of -- some conversations with their 8 attorney Epstein. I think he was calling too. 9 So, I don't know what Gleason was privy to or not. 10 Q. Was Gleason at all part of that decision? 11 A. I can't answer that because I don't 12 actually know what they did with the case in the 13 end, why they deep-sixed it or let it go away or 14 what, but I know the charges never went forward. 15 So, what he knew about it, I'm not 16 really sure. I'm sure at the time he's the one 17 that told me that the guy's in the hospital, I 18 don't think he's getting out, they've moved, you 19 know, all the neighborhood's calm again, and it 20 was the decision made many months later, maybe a 21 year, year and a half later, because of all the 22 continuances and all the baloney going on with the 23 case. 24 Q. I'm going to give you Exhibits 11, 12 and 85 1 13, if you could look through these and tell me if 2 there's any criminal charges or arrests that involve 3 the sale of any drugs? 4 A. I don't get what you're asking me. 5 Q. Okay. I'm giving you Exhibit 11, Exhibit 6 12, Exhibit 13. 7 A. I will answer that very simply. The 8 drugs went to Holland. Whatever criminal charges 9 were brought against whoever was up to Holland. 10 My sole involvement was to help them with the 11 case, with the search warrant, and to help them 12 with preparing and executing the search warrant. 13 Whoever they brought up on charges 14 and what the charges were, it would have been done 15 through Holland Police Department, and whether 16 they were actually dismissed or quaffed or 17 whatever happened to it, I couldn't even begin to 18 answer that for you. 19 Q. Okay. 20 A. I moved on to many other things after 21 this. So, I had no privy to what the actual 22 charges were or weren't or whatever. 23 Q. Okay. I appreciate that. 24 A. I really didn't even care at the 86 1 time. 2 Q. Could you look through Exhibit 11 and 3 tell me there's any criminal charges or arrests for 4 the sale of any drugs? 5 A. What do you mean? I thought I just 6 answered that. 7 Q. In Exhibit 11, are there any charges or 8 any arrests -- 9 A. Right now? 10 Q. I'm going to show you Exhibit 11. My 11 question is: Are there any charges, are there any 12 arrests against David G. Bunn for the sale of any 13 drugs? 14 A. Ever? 15 Q. Right. I just want to look through 16 Exhibit 11. 17 A. Exhibit 11 is a picture of David 18 Bunn, his license history and his Massachusetts 19 criminal history. Okay. I think I testified 20 already -- I might be wrong -- that he had a 21 history across the country that would pretty much 22 hit the floor on drug offenses, meaning like 23 Connecticut and other certain areas. Now, that 24 was my recollection. Now, his, what we call 87 1 triple I does not appear to be in there. 2 Q. What's a triple I? 3 A. Triple I is -- a BOP is a state run 4 criminal history. State only. 5 Q. That's what this is? 6 A. Yes. 7 Q. Okay. 8 A. Triple I would incorporate, if all 9 the information is correct, would incorporate the 10 whole country. So, if he lived in say California 11 and he had charges, then they should be on his 12 triple I. 13 Q. Did you have a triple I report in your 14 file? 15 A. I don't think I did, but I think I 16 put him -- I'm going to say that my recollection 17 of Mr. Bunn was that he had marijuana arrests and 18 convictions that pretty much hit the floor when 19 you held it up, okay? That was my recollection of 20 him. 21 Q. So, you got a triple I report? 22 A. I would say yes. 23 Q. But you didn't put it in your file? 24 A. No, I don't think it's in that file. 88 1 Q. In Exhibit 11, there are no arrests or 2 convictions for sale of drugs? 3 MS. LYNCH: Do you want to take a 4 look through that? 5 THE WITNESS: Well, in this state, 6 all it's showing that he possessed class D one 7 and operating recklessly. So, I guess if you 8 just said the state, then those are the only 9 two charges. 10 Q. (By Ms. O'Neil-Baker) Okay. Thank you 11 for answering my question. 12 A. That's the state one. Do you have 13 more than there? 14 Q. Can you identify what you're looking at 15 for me? 16 A. Criminal history obtained by -- oh, 17 this is Connecticut state. See, this is just 18 Connecticut. 19 MS. LYNCH: I'm just looking at the 20 exhibit. 21 THE WITNESS: Okay. 22 Q. (By Ms. O'Neil-Baker) Can you identify 23 what you were looking at? 24 A. She has it. 89 1 MS. LYNCH: It was the full copy of 2 the documents that have been produced today 3 which includes -- what's that exhibit? 4 MS. O'NEIL-BAKER: Exhibit 11. 5 MS. LYNCH: It includes Exhibit 11. 6 Criminal history systems report on David Bunn. 7 Q. (By Ms. O'Neil-Baker) Your attorney just 8 gave you something to look at. I'm just trying to 9 figure out what you were looking at. Was it something 10 a piece of paper that was in Exhibit 11? 11 A. The exhibit that -- I don't know 12 where you got those exhibits, if they came from 13 this morning or not. 14 Q. They did. 15 A. Okay. She's telling me that there's 16 also some Connecticut. 17 MS. LYNCH: Well, let me -- I can 18 tell you exactly what it is. Let's look at 19 Exhibit 11. 20 THE WITNESS: I want to remind you 21 that we have redacted a lot of our CORI 22 information here this morning. So, what you 23 have had or shouldn't have had or whatever, I 24 don't know anything about. 90 1 MS. LYNCH: I think what I just 2 showed him is the last page of Exhibit Number 3 11. 4 THE WITNESS: This is showing a 5 Connecticut handgun, the way I'm reading it is 6 David G. Bunn while he was at living at 80 7 Maybrook Road Holland was charged in 8 Connecticut with possession of marijuana, got 9 one year suspended sentence, risk of injury, 10 violated probation, was charged with separate 11 charge of possession of drug which was later 12 terminated risk of injury and then an assault, 13 he had two counts of assault, 12/9. That's 14 some of his Connecticut history. So, I guess 15 my answer to that is I don't know all of his 16 criminal history, but I think I put in my 17 affidavit that he had an extensive history of 18 involvement with drugs, and that is still my 19 recollection. 20 Q. (By Ms. O'Neil-Baker) Okay. So, are 21 there other reports of his criminal history that are 22 not identified in Exhibit 11? 23 A. I guess my answer to that is if he 24 had a triple I run on him, okay, meaning a country 91 1 wide one, that there is definitely going to be 2 information on that that isn't on the paper that 3 you showed me. 4 Q. Okay. So, that information, why wasn't 5 it in your file? 6 A. Because my file is five years old and 7 picked out of the back of my huge cabinet on drug 8 cases and I can't answer five years later why some 9 stuff was there and some wasn't on an 10 investigation of marijuana case five years ago, 11 okay? 12 I've supplied the information that I 13 had in the file which surprised me I had that much 14 still around five years later. 15 And I'm predominantly testifying to 16 what I read from my notes on that file today 17 because it is five years later. I don't have a 18 lot of stuff that Holland would have had and stuff 19 I just had which is predominantly my involvement 20 in this case, informant based stuff, target based 21 stuff. And that's why I have that file. 22 Q. But you said that some things were 23 redacted. Were any of the criminal history of the 24 plaintiffs in this case redacted? 92 1 MS. LYNCH: I can answer that. No. 2 Q. (By Ms. O'Neil-Baker) Okay. So, 3 according to -- 4 MS. LYNCH: Well, wait a minute. 5 Let me just go back. With regard to what's her 6 name Judith Bunn, what is redacted there is the 7 when the CORI came up, it showed other similar 8 names to hers. So, that was redacted but 9 that -- the information that was redacted did 10 not pertain to her. 11 MS. O'NEIL-BAKER: Okay. 12 Q. (By Ms. O'Neil-Baker) So, for Exhibit 13 12, I have the same question for you about any arrests 14 or convictions or for the sale of drugs. Could you 15 look through Exhibit 12 for me and let me know if you 16 find anything? 17 A. Well, I'm going to be honest that I'm 18 not happy answering that because I don't know what 19 has been redacted or not, and that seemed to be 20 the attorney's point was that the CORI information 21 was going to be or should be redacted. So -- 22 MS. LYNCH: If I can just show the 23 witness privately what has been redacted, it 24 might help him to answer. 93 1 THE WITNESS: I just want to show 2 here's more information on David Bunn that's 3 connected to Judy Bunn, okay, correct? 4 MS. LYNCH: Appears to be. 5 THE WITNESS: So -- 6 MS. LYNCH: So, just so you know 7 what's been redacted from hers is the LEIPS 8 candidate list for similar names. 9 THE WITNESS: Okay. 10 MS. LYNCH: There and there. So, 11 nothing with regard to -- 12 THE WITNESS: Do we have a triple I 13 on her or just the BOP? 14 MS. LYNCH: It's whatever I think is 15 on Exhibit 12. 16 THE WITNESS: See, this is all 17 David. This isn't even her name. So, my 18 answer to that is there isn't even a BOP on her 19 in this. 20 Q. (By Ms. O'Neil-Baker) In Exhibit 12? 21 A. Or a triple I. 22 Q. You said the last page is David Bunn's, 23 not even Judith Bunn, correct? 24 A. That's correct. 94 1 MS. PELLETIER: Can we just clarify, 2 somebody stapled these? 3 THE WITNESS: In wrong order. 4 MS. PELLETIER: Not in the form they 5 were in, and I don't think it was the deponent, 6 and just so what you've marked separately as 7 exhibits I imagine was given as a package. 8 MS. LYNCH: Right. 9 MS. PELLETIER: In this case, and 10 just so we don't end up with somebody 11 suggesting that he attached something to Judith 12 Bunn's when that wasn't the case because these 13 exhibits were prepared not by the deponent. 14 MS. LYNCH: That is correct. At the 15 beginning of the deposition, well, when you 16 asked for the documents in this deposition, I 17 produced an entire package. So, we did not 18 separate them out the way you have them marked 19 as exhibits. 20 MS. O'NEIL-BAKER: But they were 21 stapled. 22 MS. LYNCH: I didn't staple 23 anything. Well -- 24 MS. O'NEIL-BAKER: Well, your copies 95 1 are stapled. 2 MS. PELLETIER: Copies that I have 3 that I was given today are stapled. 4 MS. O'NEIL-BAKER: Right. 5 MS. PELLETIER: And there appears to 6 be on whatever Judith Bunn's CORI, what's the 7 exhibit number, 12, there appears to be 8 something attached that doesn't have anything 9 to do with Judith Bunn. I just want to clarify 10 that, I'm assuming that was just a stapling 11 issue -- 12 MS. LYNCH: Yes. 13 MS. PELLETIER: -- with the law 14 firm, not -- 15 THE WITNESS: Do we actually have 16 the Judith Bunn BOP or triple I in that 17 paperwork? 18 MS. LYNCH: Obviously, the documents 19 speak for themselves as to who they apply to. 20 So, obviously, to the extent there's something 21 stapled with Judith that has David's name, it's 22 his. 23 Q. (By Ms. O'Neil-Baker) Okay. So, in 24 Exhibit 12, you did not find any arrest or conviction 96 1 for the sale -- 2 A. In that exhibit, no. 3 Q. I have the same question for Exhibit 13. 4 A. This is just a driver history, just 5 like hers. We don't have any criminal history on 6 those. 7 Q. For Daniel, there's no criminal history? 8 A. No. 9 Q. But there was for David? 10 A. I don't believe Judy -- it's just on 11 driver history. 12 Q. Okay. And then for David, it was a 13 criminal history? 14 A. It looks like a piece of his 15 Massachusetts history, and we found a piece of 16 Connecticut attached to Judy's of his, but it's 17 not a triple I. 18 (Exhibit 14, marked) 19 Q. (By Ms. O'Neil-baker) Okay. Could you 20 look at Christena's, which is Exhibit 14, what do you 21 see with that? 22 A. Just a picture of her and her driver 23 history again. So, there's no criminal history 24 there either. 97 1 Q. I'm going to show you Exhibit 10. Is 2 that your handwriting? 3 A. No. 4 Q. Do you know whose handwriting that is? 5 A. I will say no. It says Holland 6 police on the top, but I don't know who wrote it. 7 Q. This was a document that came from your 8 file. 9 A. Yeah. 10 Q. Okay. 11 A. That would have been the return -- 12 that would have been what they would have handed 13 off to me for my return on the search warrant. 14 Q. Okay. So, you did not prepare this and 15 no one from the Task Force prepared this, correct? 16 A. I would say Holland police prepared 17 that and handed that off to me for my return. 18 Q. Okay. I'm going to have you look at an 19 Exhibit 5. Is that your handwriting? 20 A. Yes, it is. 21 Q. What were you drawing in these pictures? 22 A. I was drawing somewhat, to the best 23 of my ability, the layout of the floors as I was 24 given them by the informant. 98 1 Q. So, the informant gave you a description 2 of each floor and then you drew it? 3 A. I believe there's notes there where 4 the informant actually did the drawing himself of 5 the floors. 6 Q. And then from those drawings, you made 7 your own drawings? 8 A. Somewhat, yes. 9 Q. So, I'll just have you look at Exhibit 9, 10 the third page of Exhibit 9, is that the drawing that 11 the informant made? 12 A. Yeah. This is a combination of some 13 notes I took, but this part right in here is the 14 informant's layout, to the best of his ability, to 15 how the house was laid out, the floor plan of the 16 house so that we would know which room was where 17 and kind of get an idea what was going on. 18 Q. This drawing in Exhibit 9 was drawn by 19 the informant before the raid? 20 A. Absolutely. 21 Q. Was your drawing done before the raid? 22 A. Before the raid? I believe that was 23 just me trying to simplify this so that when I 24 addressed the team of people that were going 99 1 there, I could explain to them where the doors 2 were, where we thought they were or kind of the 3 floor levels. So, I did the best I could to 4 transfer from what he had written for me and given 5 me information to a more visual map for the people 6 that were going on the raid. 7 Q. Page 4 of Exhibit 9, is that your 8 handwriting? 9 A. Yup. 10 Q. What is it describing on page 4? 11 A. Those are some of the questions I 12 wanted to go over with the informant, what the 13 doors looked like, about dogs, if we have to 14 restrain dogs, things like that, about scanners, 15 and then wanted to go over with him the layout of 16 the house which I'm sure is what precipitated his 17 drawing of the house. 18 Q. How about page 5, is that your 19 handwriting? 20 A. That isn't, but this is this, green, 21 I think it says Camry, probably a car I saw coming 22 out of there. 23 Q. It looks like something was redacted 24 here, there's a blank spot? 100 1 A. Oh, maybe a name. Did we redact 2 something out of there? 3 MS. LYNCH: Yeah. I can tell you 4 that. 5 THE WITNESS: A name or something. 6 Q. (By Ms. O'Neil-Baker) Do you know why 7 that would have been redacted? 8 A. It probably had something to do with 9 the identification of the informant. 10 Q. Then you have your notes here, present 11 after buy one? 12 A. That isn't mine. 13 Q. Oh. 14 A. This is my writing. 15 Q. Yes. 16 A. That office and a piece of paper. 17 That wasn't mine. 18 Q. How about page 66, is any of this your 19 handwriting? 20 A. No. That came from Holland. 21 Q. Do you know whose writing that is? 22 A. It was one of the two officers that 23 assisted me, but I don't know which one. 24 MS. LYNCH: For the record, the 101 1 prior redaction regarding the green Camry was a 2 license plate number. 3 MS. O'NEIL-BAKER: Okay. 4 Q. (By Ms. O'Neil-Baker) Page 13 of Exhibit 5 9, can you identify any writing here that's your 6 handwriting? 7 A. Yeah. That's almost all mine. I 8 would say that's all my writing. 9 Q. Can you explain what any of the notes 10 are? 11 A. Yes, I can. 12 Q. Can you explain what this group here is, 13 has numbered 1, 2, looks like the -- 14 A. It's identifying Judith and David 15 Bunn and I think I've got 80 and 90 written two or 16 three times. So, I'm trying to investigate as to 17 which house number that they actually are using. 18 I think it's showing Judy lives at 90 19 and David lives at 80. And then I'm showing here 20 80 listing, which means the street listing shows 21 that it's 80. 22 Then I got Danny showing he's at 80. 23 And I didn't write anything for Christena. Maybe 24 because she -- I don't know why, but those were 102 1 notes I was taking so that -- oh, I wrote mailbox 2 down here, meaning I was going to look at the 3 mailbox and see if that gave me an identification. 4 And that's 2002 Holland street 5 listing, I have written, and that's where I got a 6 number off of and I got the '88 Dodge Caravan and 7 some names. I'm pretty sure that's the mother's 8 car. 9 And then some more notes, I was 10 reviewing newspaper articles and web pages that he 11 had, letter to editor. And I was getting a little 12 information, he had a two-year old in the house. 13 Then there was a suspect of a grow in the 14 backyard, a marijuana grow. 15 So, those were some notes that I took 16 both to myself or from the interview. 17 Q. Was the backyard ever searched? 18 A. I think it was a huge forest area 19 behind their house. So, I don't know how deep 20 anybody went. 21 Q. Okay. Did you ever find anything growing 22 in the backyard? 23 A. I'll say no. 24 Q. The next page, is that your handwriting? 103 1 A. No. That was Holland. 2 Q. Can you decipher what any of the notes 3 mean on that page? 4 A. Tuesday at five o'clock at the 5 Holland market. That was a day that we met our 6 informant at the Holland market. 7 Q. Is that a different day than the -- 8 A. That would have been one of the buys. 9 Possibly the first one. I'm not sure. But I know 10 we had -- we met him predominantly either right 11 around five o'clock usually at the Holland market. 12 Q. Do you know what any of these notes mean, 13 60 Lake George, five to six years ago? 14 A. That was just some information he was 15 giving us on other targets in the area. So, I 16 don't know exactly which target he was referring 17 to. 18 Q. If you could flip to the next page, I 19 think we reviewed this earlier. You said that this 20 was not your handwriting, correct? 21 A. No. Those were some of the notes 22 that I have from Holland, Bunns' number, Monday, 23 Tuesday and Wednesday are good days to meet. 24 Usually calls first. Just some standard stuff. 104 1 Some information on his father. 2 Q. Do you recall when you prepared the 3 affidavit in support of the application for the search 4 warrant? 5 A. My standard procedure is to write 6 this affidavit as the investigation begins and I 7 continue to add to the affidavit as the 8 investigation unfolds. 9 Q. Did you ever have the substances that 10 were obtained during the controlled buys tested to 11 find out what their content was? 12 A. Our standard procedure is not to test 13 especially marijuana fragments, if it's not going 14 to be used in a criminal case. 15 Q. Why is that? 16 A. The labs don't want to be overrun by 17 controlled buys, and if you're not going to use 18 the controlled buy for a criminal charge like in 19 this case, then we wouldn't send them to the lab. 20 Q. So, none of the plant fragments that were 21 obtained through the controlled buys were ever tested 22 or confirmed to be marijuana? 23 A. I confirmed that they were marijuana. 24 Q. How did you do that? 105 1 A. By looking at it. When I seize it, I 2 look at it. 3 Q. Anything else? 4 A. When we buy powdered stuff, we 5 usually use a test kit but there is no real -- 6 marijuana is marijuana. 7 Q. During the third controlled buy where 8 Chief Gleason was present, did he do anything to 9 confirm that it was actually -- that the substance 10 obtained during that was marijuana? 11 A. He doesn't -- 12 MS. LYNCH: Objection. You can 13 answer, if you know. 14 THE WITNESS: I handle the drugs. 15 He doesn't have anything to do with the drugs. 16 I handle the drugs. 17 Q. (By Ms. O'Neil-Baker) He didn't do 18 anything then? 19 A. He didn't handle them. 20 Q. In Exhibit 10, the list you previously 21 identified as the list given to you by Holland P.D., 22 in evidence bag 4, it's listed that $850 was 23 collected, do you see that? 24 A. Yes. 106 1 Q. Did anyone ever attempt to match the 2 money collected in that $850 to the money that you 3 photocopied and shows up in Exhibit 4 and 7 and 8? 4 A. That wouldn't be a procedure that we 5 would do. 6 Q. So, you did not do that? 7 A. It wouldn't have been done. 8 Q. Did you provide the Holland Police 9 Department with copies of these bills? 10 A. To my knowledge, no. 11 Q. Did they ever ask for copies of those 12 bills? 13 A. To my knowledge, no. I would have 14 checked the bills myself if I was going to be 15 using the controlled buys for a criminal charge 16 because there's a very good corroborating evidence 17 to do that, but considering the controlled buys 18 were, you know, five years later, still going to 19 be sitting in an envelope and weren't going to be 20 used criminally, then there's no reason to 21 corroborate something that isn't going to happen. 22 So, I knew we weren't going to use 23 the informant to testify, and I knew those three 24 controlled buys weren't going to be used on a 107 1 criminal charge. 2 So, there was no reason for me to 3 check the bills to match with what was seized at 4 the scene. 5 Now, of course, in narcotic cases 6 where we've sent an undercover officer in or we 7 make a rip on the street where we take our 8 evidence back, then it's very common for us to 9 match them because that actual deal is then 10 charged criminally. 11 These controlled buys are only used 12 to help us obtain a search warrant for the 13 property and the actual controlled buy doesn't 14 have a criminal charge attached to it. 15 Q. In Exhibit 9, the first two pages of 16 Exhibit 9, is that your handwriting? 17 A. Yes, it is. 18 Q. Do you recall if you wrote this 19 information before or after the raid? 20 A. Well, it would have had to have been 21 before. 22 Q. So, this is the information, do you 23 recall where you got this information from on this 24 first page? 108 1 A. It was from my knowledge in this 2 case. 3 Q. So, would this first page be kind of like 4 a summary of all of the information that you received 5 during the investigation? 6 A. This is a summary of my address to 7 the police officers that were going or agents that 8 were going to the Maybrook Road where I wanted 9 to -- I had notes that I wanted to address them 10 specifically about the targets, about certain 11 things that they needed to have for information 12 before we went to the house. 13 Q. Okay. So, this is kind of your outline 14 when you presented it during the -- to everyone during 15 the briefing? 16 A. Well, yes, these are points that I 17 definitely wanted to discuss with them before we 18 went there. It's not the whole briefing, but it 19 is some of the points that I wanted to discuss 20 with them prior to our going to 90 Maybrook Road. 21 Q. Your target is David Bunn but you've also 22 listed the individuals who were also residing there, 23 correct? 24 A. They're down there too. 109 1 Q. Why is David Bunn the target? 2 A. Why is David Bunn the target? He's a 3 drug guy. 4 Q. Okay. And the target, you have David 5 Bunn as the target and also the target is the search 6 warrant at 90 Maybrook? 7 A. It says target, search warrant at 90 8 Maybrook, I wanted to address them to say that we 9 didn't have an arrest warrant, not an arrest 10 warrant, very important, then I wanted to discuss 11 quickly the targets in or who we thought were in 12 the home, and would show a picture of them so that 13 we would have some idea who may or may not be in 14 that house. And any other information like 15 there's an infant child in there, one or two years 16 old. And we knew that because we had a police 17 report that he had swallowed a Miracle Grow stick 18 a few weeks prior to that and the cops had been 19 there from Holland. And then I want to go over 20 the fact about the scanners, the guns, dogs, the 21 vehicle, that kind of stuff. 22 So, stuff that I thought that was -- 23 I didn't want to miss when I addressed the 24 officers, I took a few notes of, and those were 110 1 the notes that were still in my file. 2 Q. So, the third controlled buy took place 3 forty-eight hours prior to the search warrant being 4 issued, right? 5 A. Correct. 6 Q. And from that -- from the time of the 7 third controlled buy, did you have any contact or 8 interaction with the informant prior to the raid? 9 A. No. I don't recall. We wouldn't say 10 anything to him or her. 11 Q. Okay. At any point during this 12 investigation with your contact with the informant, 13 did the informant notify you that David Bunn had been 14 in the hospital? 15 A. I think in my notes and also my 16 knowledge was that we knew by the third buy that 17 David Bunn was in the hospital. 18 Q. And -- 19 A. I think I have notes too to that. 20 Q. Did that change your plans in executing 21 the search warrant, if you knew that your target 22 wasn't there? 23 A. I wasn't happy with the fact that he 24 wasn't there because we like to hit a house when 111 1 the main target of course is at the home, and 2 sometimes we sit on houses for days on end to find 3 them, but this target was in very poor health and 4 had been -- was in the hospital and we didn't know 5 a day or two later whether he was still in or out 6 of the hospital and, you know, we have a time 7 frame that we have to work within and the decision 8 was made that we knew he was in the hospital. 9 We can always go find him later if we 10 needed to. The decision was made to go to the 11 house and to seize evidence. 12 Q. When you went to the house that day, did 13 you know whether or not he was there? 14 A. We knew two days ago that two days 15 prior that he was in the hospital, but we didn't 16 know on that day whether he was in the hospital or 17 not or whether he had gotten out, because my 18 recollection is that he was in and out of the 19 hospital on different dates and showed signs of 20 that. So, some days, he was in. Some days, he 21 was out. Some days -- but we knew on controlled 22 buy three that he wasn't home that day, that he 23 was in the hospital. 24 Q. How did you get that information that he 112 1 had been in and out of the hospital? 2 A. My informant told me in the process 3 of this that the old man was really sick and that 4 he -- I remember him saying there was an IV in his 5 arm at times, and that I know on the third buy 6 that he wasn't in the house and I recorded that 7 father was in the hospital. 8 So, our informant kept us abreast 9 when he went in there as to the condition of the 10 father and where he was and what was going on if 11 he knew. 12 Q. Did the informant's assistance with this 13 investigation result in his criminal charges being 14 dismissed? 15 A. Yes. 16 Q. Is that a promise that you made? 17 A. That's not the promise. 18 Q. Did you assist in having his -- in 19 working with the prosector to get the criminal charges 20 dismissed? 21 A. Did I talk to the prosecutor about 22 him? Yes. 23 Q. I'm going to show you Exhibit 3. Right 24 almost at the end, it says, normally went to buy with, 113 1 and there's a word there. Do you know what that word 2 is? 3 MS. LYNCH: Before you answer, let 4 me find that, okay? 5 Q. (By Ms. O'Neil-Baker) I mean, you're 6 looking at the document. Can you read what that word 7 is? 8 A. Yeah, I can. 9 Q. What is the word? 10 A. Friend. 11 MS. PELLETIER: I didn't hear you. 12 What was it? 13 MS. O'NEIL-BAKER: Friend. 14 THE WITNESS: Friend. Normally went 15 in to buy with a friend. 16 Q. (By Ms. O'Neil-Baker) Those were the 17 Holland notes? 18 A. Those were in my file and they came 19 from Holland. 20 Q. Were you ever contacted by Patricia 21 Farnsworth? 22 A. I don't know who she is. 23 Q. Were you ever contacted by anyone from 24 the law office of Robinson Donovan? 114 1 A. I don't know who they are either. 2 Q. Is that a no? 3 A. No. My answer to that is I have been 4 thirty-nine and a half years, sorry, forty-nine 5 and a half years at the same location and thirty 6 years at the same P.D. and I have not been 7 notified about any of this stuff ever until about 8 a month ago when I had something dropped on my 9 front lawn. Nobody called me. Nobody told me. 10 Nothing about this. 11 Q. Not even Chief Gleason? 12 A. Chief Gleason told me a while back 13 that he was getting sued by the Bunns over some 14 ridiculous lawsuit. I haven't gone anywhere. I 15 didn't change jobs, changed locations, nothing. I 16 have never heard a word. So, I'm still sitting 17 here. 18 Q. Did Chief Gleason ever explain his 19 relationship to the informant prior to your 20 involvement? 21 A. I know what the relationship was. He 22 was arrested and he rolled and they turned him 23 over to me. And that was it. 24 And that's the way we get our 115 1 informants. Ninety something percent of them come 2 to us that way. They get arrested. They roll. 3 And then they work or they get in trouble, go to 4 jail. 5 And that's what happened with this 6 guy. He had incentive to work because he was in 7 trouble. 8 Q. Besides the informant's statements to you 9 about who sold him the marijuana on the first, second 10 and third controlled buy, did you have any other 11 evidence of who sold him marijuana on those days? 12 MS. LYNCH: I'm sorry. Can we have 13 that question back again? 14 (Whereupon, requested portion 15 of read back) 16 MS. LYNCH: Okay. Thank you. 17 THE WITNESS: I don't quite get the 18 question, but I guess the way I'm going to 19 answer this is the Bunns live there, the Bunns 20 are big marijuana people, we sent people -- we 21 sent our guy in there to buy and he came out 22 with marijuana, and there was always a slew of 23 people in there, and if he told us he bought 24 from one, then we had all the reason in the 116 1 world to believe that. He had no reason to 2 tell us that he bought it from somebody else 3 that he didn't buy it from. 4 And he was very reliable and I 5 believe him totally when he told me who he 6 bought from. And our investigation is to the 7 property of the Bunns and it's not that unusual 8 for somebody else to sell, a sister or brother 9 or roommate or this or that, and our 10 investigation continues forward. 11 I send informants into apartments 12 and houses on a regular basis, Joe sells to 13 them in apartment two, his roommate Jimmy sells 14 in apartment two the next day, on and on, but 15 we still hit apartment number two. He told me 16 he went in, bought from David in the first one, 17 told me he bought from David on the second one, 18 the third one he told me he bought from the kid 19 Danny, and the old man was in the hospital. 20 Q. (By Ms. O'Neil-Baker) And this was his 21 first investigation for you? 22 A. Yes, it was. 23 Q. And he did have incentive to produce the 24 target? 117 1 MS. LYNCH: Objection. You can 2 answer. 3 THE WITNESS: My answer to that is, 4 okay, targets come to us because of 5 opportunity, okay? 6 When we interview this kid, he tells 7 us where he can buy drugs from and has bought 8 drugs from in the past. Targets are -- there's 9 a lot of drug dealers. Drug dealers come to us 10 because we now have somebody that can do them. 11 I know many drug dealers, now 12 informants, that I can't arrest. When I 13 recruit an informant that can do so and so, 14 then we it's an opportunity thing. 15 When this kid was interviewed, he 16 had a number of targets that he could do for 17 us. Some of them in Holland. Some of them in 18 other areas. And we had other work that he 19 could do for us. So, one of his avenues was 20 that he buys drugs from the Bunns house. So, 21 that was one of our avenues that we worked with 22 that informant, the Bunn residence, but he 23 continued on after that with myself after the 24 Bunns. That was a stepping stone. 118 1 Q. (By Ms. O'Neil-Baker) So, it turned out 2 that he had been very reliable and you've had success 3 with him? 4 A. He -- I have to gauge on the 5 informants I use. I might have fifteen or twenty 6 working for me at different times and I have to 7 gauge them, and in my opinion, from thirty years 8 of working, that this kid was a very good 9 informant, met his times, he gave us reliable 10 information, did the things he was asked to do, 11 and we corroborated the information that he would 12 give us through other means. 13 Q. Does he still work for you? 14 A. No. 15 Q. Is there a reason why you need to keep 16 his identity confidential still? 17 A. Yes, there is, very important reason. 18 Q. What is that? 19 MS. PELLETIER: I don't know how 20 you -- I'm going to object. It's your call and 21 your witness, but I don't know how you can 22 answer that question without giving up the, 23 potentially giving up the identity. 24 MS. LYNCH: I guess I would -- I can 119 1 talk to him outside if you'd like for a moment. 2 THE WITNESS: Well, I guess I can -- 3 he -- 4 MS. LYNCH: In other words, you 5 don't want to reveal any other investigations 6 he's involved in and -- 7 THE WITNESS: He was involved in 8 giving us information on a murder case. 9 MS. LYNCH: I wouldn't reveal any 10 other information. 11 THE WITNESS: But other than that, 12 okay, so, we had bigger and better things for 13 this kid to be doing for us than the Bunns 14 after this. 15 MS. LYNCH: I think you've answered 16 it. 17 Q. (By Ms. O'Neil-Baker) He's not currently 18 working for you? 19 A. No. 20 Q. He's not currently going to be used in 21 any other case? 22 A. I can't say that because I have 23 informants that come back to me for years. I got 24 informants I've been using for fifteen, twenty 120 1 years that keep coming back with more and this and 2 that, and they get in trouble and they recall. 3 So, once you've built a relationship 4 with an informant, it usually doesn't go away. 5 Q. You've never heard the name Michael 6 Zalonis? 7 A. I don't know who that is. Can I ask 8 who it is? 9 MS. O'NEIL-BAKER: I don't have any 10 other questions. Thank you. 11 12 CROSS EXAMINATION BY MS. PELLETIER: 13 Q. I just have a few. Sergeant Haley, just 14 to sort of make a general statement as to the manner 15 in which this Task Force works, it's accurate to state 16 that some of the smaller communities will contact the 17 Task Force because they don't have experience 18 sufficient to investigate and you do, is that fair to 19 state? 20 A. Yeah. And they mostly don't have -- 21 you have to have a reputation and a backup when 22 you're writing search warrants and doing cases, 23 okay? 24 Judges have to trust you, have to 121 1 believe in you, to sign off on you, and other 2 smaller places like what Gleason's working under, 3 they don't have that. 4 So, we're working under a grant in 5 Hampden County, our D.A. wants us to assist these 6 smaller places. They need it and we do that. 7 Q. When the information -- in this case, 8 when the information came to you from the Holland 9 Police Department, you then independently corroborated 10 the information they provided, correct? 11 A. They give me the informant they had 12 and some info that they gave them, and then he's 13 mine, okay? I'm meeting him. I'm driving him. 14 I'm doing the controlled buys. He's mine, not the 15 Holland Police Department. And I think even one 16 time they weren't even there. So, he's mine. 17 Q. And you make the determination, or in 18 this case, you made the determination that you had 19 obtained sufficient information to apply for the 20 search warrant, correct, that was your decision? 21 A. I've written three or 400 of them and 22 that is as good a search warrant as you will get, 23 okay, and I determined there's plenty of probable 24 cause. I went to a magistrate and a magistrate 122 1 determined there was plenty of probable cause and 2 that everything was in order and issued me that. 3 Q. By the way, it's not unusual for 4 informants to have criminal charges pending against 5 them, is that fair to state? 6 A. I think I've testified already, 7 ninety something percent of our informants are 8 working a beef off. 9 Q. The decision to obtain what's been 10 referred to as a no knock warrant was your decision, 11 correct? 12 A. Yes, it was. 13 Q. As of 2003, can you tell me approximately 14 how many cases you had investigated wherein you had 15 obtained a no knock search warrant, ballpark? 16 A. We try to obtain no knock in almost 17 every case. So, I can't give you an account of 18 how many search warrants I've written, but I would 19 say it's in excess of 300, could have been five or 20 six, and in most cases where drugs are involved, 21 drugs can also come with guns and other things 22 involved. 23 So, in most case, depending on the 24 circumstances, we apply for a no knock and we have 123 1 to usually show some probable cause as to why we 2 want a no knock. 3 Q. Was there anything that you can think of, 4 sitting here today, and I do realize that it's five 5 years after this raid, that was unusual about this 6 particular raid as distinct from the other hundreds of 7 raids or -- 8 A. The most unusual thing was that this 9 went very smooth, nothing was broken, nobody got 10 hurt, and we didn't even arrest anybody at the 11 scene, okay, which is highly unusual in a drug 12 thing. 13 This was, to be sitting here five 14 years later, is a shock to me because it went so 15 smooth. Nobody hurt. Nobody -- nothing. And not 16 even an arrest taken out of the place in 17 handcuffs. Highly unusual. Drug raids are 18 usually tumultuous. They're, you know, on and on 19 and on. This one was absolutely just the 20 opposite. 21 Q. The plaintiffs in this case have 22 testified that there was a tumultuous raid and that 23 there was a substantial amount of personal property 24 destroyed during the course, purposely destroyed 124 1 during the course of this raid. Is that your 2 recollection? 3 A. There was zero of that involved. 4 Them people were very cooperative. They sat at 5 the kitchen table. They were talking freely with 6 the officers. 7 They were explained, showed, the 8 search warrant, explained why we were there. They 9 understood why we were there. They weren't, you 10 know, they lived in the house. 11 Left on very casual notes, we're 12 going to be leaving now. Here's your copy of the 13 search warrant for when your father and mother 14 come home. 15 It was -- there was -- those 16 allegations that were made in that that I read 17 were completely, in my mind, I was there, 18 completely false. 19 We have no reason to be acting like 20 that. We are professional people, professional 21 State Police, professional police officers from 22 our Task Force. That is ridiculous statements 23 that those kind of things happened. No way. 24 Q. You were asked a series of questions 125 1 regarding the red van and the number of bumper 2 stickers which may or may not have been on the van. 3 What if any significance does that play with respect 4 to your investigation? 5 A. It's very -- it's our search warrant 6 becomes easier and more believable if we can show 7 that a person's been involved in drug activity in 8 the past, and one of the ways we do that is from 9 doing criminal histories on them, police reports 10 on them, simple things like this one, the 11 daughter, you know was -- the police showed up 12 because she had a Miracle Grow stick there and 13 they were suspected something was going on with 14 the grow. Okay. When we can identify a person as 15 having drug history or in this case marching up 16 and down the street with placards and all the 17 other, then that is part of our probable cause 18 that this person has drugs and drug history, and 19 that corroborates and verifies our affidavit that 20 we're writing. 21 Q. When you conducted the raid, was there an 22 order of officers that would normally be utilized? In 23 other words, would the State Police go first? You 24 indicated you had younger officers that would go in 126 1 first. Was there an order with respect to the law 2 enforcement individuals, in other words, State Police, 3 local police, Task Force, was there some order that 4 you followed? 5 A. The only order I recall was I put the 6 marked units in the back because it was a long, 7 winding driveway to get to the house, and in our 8 game, surprise is the whole picture, okay. So, if 9 they see marked units pulling up at the bottom of 10 the driveway, then people have a chance to reach 11 for weapons, destroy drugs, the things that we 12 don't want. 13 So, surprise is paramount to the 14 first few minutes to get in the house quickly and 15 surprisingly. 16 So, we also like to have marked units 17 there so people do identify that it's police and 18 it's not a rip or other things going on. So, I 19 specifically called for the State Police to bring 20 marked units along and the Holland brought marked 21 units, and I'm sure the first two or three 22 vehicles in the driveway were narcotic officers 23 getting into the driveway and getting to the house 24 first and then followed up within like 100 feet or 127 1 so by marked units. 2 Q. With respect to the dismissal of the 3 charges or the failure to prosecute, you testified 4 that there was a decision made that the identity of 5 the informant was crucial to your continued work, is 6 that correct? 7 A. I won't say that completely. What 8 I'll say is the case was a year or two old before 9 it's finally coming to about, due to their lawyers 10 filing motion after motion on health issues, 11 motion and motion on producing informants, and 12 producing and on and on and on. So, we now have a 13 suspect that's moved out of the community. Had 14 huge issues, which the jails don't want anyway, 15 okay. We send somebody like that with health 16 issues to the jail, they are not very happy. So, 17 we got a whole factor of things that went into 18 there, and we got an informant that we do not want 19 to give up any info about because he's doing an 20 ongoing thing on a bigger and more important case. 21 So, the people moved, health issues 22 were the situation, and their lawyer Epstein was 23 applying motion after motion to produce, you know, 24 produce everything that we weren't quite ready to 128 1 give up at that time. 2 So, the decision was made with the 3 prosecutor that, look, if the case goes south, 4 we're not going to be crying about it, okay, and 5 that's just a command decision you have to make if 6 the case goes south and we don't produce this and 7 this and this and you lose it or it gets thrown 8 out, that's the name of the game at the time. 9 So, that's probably what happened 10 here. The case went south because we didn't 11 vigorously want to prosecute it with the other 12 things going on and the other factors involved and 13 I had a lot of conversation with the prosecutor 14 about that. 15 Q. I just want to clarify. You've been 16 using the term we and I understood you to be talking 17 when you were talking about we and the issue of the 18 informant to be referring to the Task Force? 19 A. Mm-hmm. 20 Q. Is that correct? 21 A. That's correct. 22 Q. You were asked a lot of questions about 23 the CORI and/or the triple I and whether or not you 24 could identify anything showing possession with intent 129 1 to distribute and/or a charge of distribution, do you 2 recall that? 3 A. I do. 4 Q. Would it have made any difference in your 5 decision to pursue the search warrant if there had 6 been no possession with intent to distribute charge? 7 A. That wouldn't have made -- we had -- 8 would it have made a difference if he didn't show 9 any drug history? 10 Q. No, not any drug histories because you 11 did refer to the existence of drug history as existing 12 in both Massachusetts and Connecticut. You were 13 being -- 14 A. Drug history to us is they've been 15 involved in whether it's possession, trafficking 16 possession intent, I can't remember ever writing a 17 search warrant that someone had any history at all 18 with drugs that it wasn't written in there. 19 Q. I just want to ask a couple of questions 20 about this drawing which is on Exhibit 9. There's a 21 drawing in Exhibit 9 which you indicated a portion of 22 the drawing was made by the informant and then there's 23 some handwriting on there which is yours, is that 24 correct? 130 1 A. The drawing of the house was made by 2 the informant, yes. 3 Q. Just there's a couple of things I just 4 can't read in the upper left-hand corner. It says, 5 ask me to get -- something. Can you tell me what that 6 says? 7 A. It says, ask me to get a pound. 8 Okay. I don't know why that's there other than 9 they asked him about a pound or he asked them 10 about a pound of weed. I don't recall, but it's 11 referring to a pound of weed. 12 Q. Then the drawing shows the basement, and 13 it says Dan's room, is that right? 14 A. Our informant told us that they had a 15 finished basement area where there were separate 16 rooms petitioned off, and then on this sketch, he 17 put Dan's room and pointed it out down there where 18 Dan would be if when we went in the house. 19 Q. You had that information before the raid, 20 correct, from the informant? 21 A. Absolutely, because I have no idea 22 what that house looks like if my informant 23 doesn't, at least, and they're not always right 24 with them because they're not architects, but at 131 1 least we get an idea where a kitchen is or a 2 bathroom or how many rooms there are. So, it's 3 very common for us, so that we don't completely go 4 in a house blind, that we'll know what the floors 5 look like and what's in the floors and kind of the 6 layout, and that's what this kid did for me. 7 Otherwise, I don't have -- I wouldn't have been 8 able to draw this if the informant didn't do it 9 for me because how would I ever have been in the 10 Bunn house. 11 Q. Then on the bottom portion of this 12 drawing, it says, Star with an asterix. Do you see 13 that? 14 A. Yeah. 15 Q. And then it states two young girls and 16 then one was insane, out of house. Is that 17 information you obtained from the informant? 18 A. Yes. About the house. There was 19 some two young girls there and one of them was 20 either -- he stated retarded. It's crossed out. 21 Insane or out of the house. So, apparently, 22 they -- and I don't -- I didn't go any further 23 with that because apparently one of the children 24 was no longer in the house or but that was 132 1 information that he gave me. 2 Q. Then there's a listing of the mother 3 question mark, C.J., Cougar. What's under Cougar? 4 A. Dan. 5 Q. Dan? 6 A. Cougar something. I think Cougar's 7 got a different last name or something. I'm not 8 sure. Dan and then Dan's girlfriend, those are 9 some of the people he identified in the house. 10 Q. Parents were for dope, do you know -- do 11 you have any recollection as to why you wrote that? 12 A. Yup. He was given an indication of 13 where our best chance was to find drugs in the 14 house and it was the parents' room is what we were 15 looking for first. 16 Q. Did you find marijuana in the parents' 17 room? 18 A. As far as -- I'm not going to testify 19 as to what was found where because I didn't take 20 care of the evidence, and you know what I'm 21 saying? 22 Q. Yes. 23 A. There was drugs found in that house. 24 I'd have to say Holland could say this is what we 133 1 found where. I'm not even going to answer that. 2 Q. Then the pro marijuana, I'm guessing 3 posters all over wall? 4 A. Yeah. Saying there's marijuana stuff 5 all over the wall. 6 Q. That's from the informant, correct? 7 A. Mm-hmm. And the dogs, three dogs, 8 yes, all that's -- all this is informant based 9 information. 10 Q. Was there any recordings or videos made 11 during the course of the raid? 12 A. You know, I don't really know. I 13 don't -- I don't know. 14 Q. If they had been recorded, would you have 15 retained possession? 16 A. No. I don't have them. If I 17 recorded them, I'd have them. 18 Q. Okay. 19 A. Whether Holland did or not, I'm not 20 sure. I think I might have asked them or 21 whatever. I'm not sure. 22 MS. PELLETIER: I don't have 23 anything further. Thank you. 24 MS. O'NEIL-BAKER: I have one 134 1 question for you. Mark this, please. 2 (Exhibit 15, marked) 3 4 REDIRECT EXAMINATION BY MS. O'NEIL-BAKER: 5 Q. Do you recognize this document? 6 MS. LYNCH: Can I see that? 7 THE WITNESS: It's a criminal 8 complaint application made out by Holland P.D. 9 Q. (By Ms. O'Neil-Baker) One is for 10 Christena Dodge and one is for Judith Bunn, right? 11 A. That's correct. 12 Q. Can you tell me the date that the 13 complaint was filled out? 14 A. Well, according to this, it says 15 3/27/03 and 3/27/03. 16 Q. The date of the complaint? 17 A. It says date of offense. Oh, date of 18 complaint? 19 Q. That's a little further down. Not that 20 far? 21 A. If you know what it is, why are you 22 asking me? Date of complaint, 11/9/2004. 23 Q. So, earlier you were testifying about the 24 delay of the criminal case? 135 1 A. I don't think I did that. I think I 2 testified that they filed a bunch of motions and I 3 don't -- I don't want to sound stupid, but I'll 4 answer honestly if it was part of the case, I 5 would have done the criminal complaint and I would 6 have had other information. This is Holland. So, 7 I have no idea who was charged with what or what 8 went on with them people over there, okay. 9 Q. My only question is: It seemed like your 10 understanding of the delay had to do with the 11 defendants, the Bunns? 12 A. I know it did. 13 Q. Okay. All I just wanted to show you with 14 this document is that according to this document, the 15 complaint itself wasn't filed until November, 2004? 16 A. So -- 17 Q. Merely two years later. 18 A. I don't know if they re-filed. I 19 don't know if they charged the mother and father 20 or -- I have no idea what happened to the 21 complaint, but I know Epstein and Epstein out of 22 Boston was filing motion after motion on this case 23 for continuances for health reasons, for 24 continuances for, you know, coming up with the 136 1 drugs, for coming up with the informants, because 2 I was getting, you know, information from the DA 3 about that, okay. So, I'll go back to my 4 original, Holland, what they did with criminal 5 complaint and who they charged what with, I don't 6 know. It all ended in Palmer court because that's 7 where I work out of. So, I don't know why that or 8 if that's a mistake or re-file, I got no idea. 9 Can't answer. 10 Q. So, I understand that you have an 11 understanding that there were motions filed by their 12 attorneys? 13 A. I know there was. 14 Q. Okay. But on the other hand, if the 15 criminal complaint itself wasn't filed until November, 16 2004, and the criminal charges weren't dismissed until 17 August, 2005, and the defendants were not even charged 18 until merely two years later, then perhaps could that 19 account for your feeling that there was a long delay? 20 MS. LYNCH: Objection. 21 MS. PELLETIER: Objection. 22 MS. LYNCH: You can answer. 23 THE WITNESS: I'll answer again, I 24 don't know what happened with all that other 137 1 than I know Epstein and Epstein kept filing 2 health motions and evidence motions and it was 3 a long time between when we went there and all 4 this stuff was coming to a head. I think I 5 testified maybe it was a year or better. I 6 don't really know. But what happened in that 7 interim with Holland and the Palmer District 8 Court and the criminal charge against who, what 9 when, or how, I have no idea. I have no record 10 of it no record, you know. Don't know. 11 Q. (By Ms. O'Neil-Baker) Your understanding 12 that it was more than a year from the date of the raid 13 until when things were actually filed could be 14 correct. My only point is that possibly that's 15 because the actual arrest of Judith Bunn and Christena 16 Dodge didn't occur until November of 2004. 17 MS. LYNCH: Objection. 18 MS. PELLETIER: Objection. 19 MS. O'NEIL-BAKER: Okay. 20 MS. LYNCH: All done? 21 MS. O'NEIL-BAKER: I have no other 22 questions. 23 THE WITNESS: I'd like to comment. 24 She was never arrested. She was summoned in. 138 1 These people were summoned in months later. I 2 guess that's my only comment. She was never 3 arrested. 4 MS. LYNCH: Okay. We'll all done. 5 MS. O'NEIL-BAKER: Thank you. 6 MS. PELLETIER: Thank you, Sergeant. 7 (Witness excused) 8 (Deposition concluded) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 139 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF MASSACHUSETTS 3 4 I, ROXANNE C. COSTIGAN, a Notary Public in and for the Commonwealth of Massachusetts, do certify 5 that pursuant to notice, there came before me on May 30, 2008, at the offices of MORRISON MAHONEY, 1500 6 Main Street, Suite 2400, Springfield, MA, the following named person, to wit: SCOTT HALEY, who was 7 by me duly sworn to testify to the truth and nothing but the truth as to his knowledge touching and 8 concerning the matters in controversy in this cause; that he was thereupon examined upon his oath and said 9 examination reduced to writing by me; and that the deposition is a true record of the testimony given by 10 the witness, to the best of my knowledge and ability. 11 I further certify that I am not a relative or employee of counsel or attorney for any of the 12 parties, or a relative or employee of such parties, nor am I financially interested in the outcome of the 13 action. 14 WITNESS MY HAND, this 4th day of June, 2008. 15 16 ___________________________ Roxanne C. Costigan 17 18 My Commission expires: July 16, 2010 19 20 21 22 23 24 140 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 SCOTT HALEY 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 30, 2008 24 rcc