Free Statement of Material Facts - District Court of Connecticut - Connecticut

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

AUGUST PEZZENTI, JR. INDIVIDUALLY, ET AL vs. JOSEPH CAPALDO, ET AL

: : : :

NO: 3:03CV00419 (MRK)

DECEMBER 11, 2003

DEPOSITION OF:

ANTHONY PEZZENTI

APPEARANCES:

WILLIAMS & PATTIS, LLC Attorneys for the Plaintiffs 51 Elm Street New Haven, CT 06510 (203) 562-9931 BY: CHRISTY DOYLE, ESQ.

HOWD & LUDORF Attorneys for the Defendants French 65 Wethersfield Avenue Hartford, CT 06114 (860) 249-1361 BY: THOMAS R. GERARDE, ESQ. MELANIE DILLAN, ESQ. IN ATTENDANCE: August Pezzenti Elizabeth Pezzenti

Christine E. Borrelli Connecticut License No. 117 Registered Professional Reporter

NIZIANKIEWICZ & MILLER REPORTING SERVICES

Exhibit E

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. . . . . . Deposition of ANTHONY PEZZENTI, a Plaintiff, taken on behalf of the Defendants, in the herein before entitled action, pursuant to the Connecticut Practice Book, before Christine E. Borrelli, duly qualified Notary Public in and for the State of Connecticut, held at the Law Offices of Howd & Ludorf, 65 Wethersfield Avenue, Hartford, Connecticut, commencing at 2:15 p.m. on Thursday, December 11, 2003.

S T I P U L A T I O N S

It is hereby stipulated and agreed by and among counsel for the respective parties that all formalities in connection with the taking of this deposition, including time, place, sufficiency of notice, and the authority of the officer before whom it is being taken may be and are hereby waived. It is further stipulated and agreed that objections other than as to form are reserved to the time of trial. It is further stipulated and agreed that the reading and signing of the deposition transcript by the deponent is hereby waived. It is further stipulated and agreed that the proof of the qualifications of the Notary Public before whom the deposition is being taken is hereby waived. NIZIANKIEWICZ & MILLER REPORTING SERVICES

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. Q. A. Q. A. Q. weeks? A. Q.

ANTHONY PEZZENTI, called as a witness by the Defendants, having been first duly sworn by the Notary, was examined and testified on his oath as follows:

DIRECT EXAMINATION BY MR. GERARDE:

Would you tell me what your name is, please? Anthony Pezzenti. And how old are you, Anthony? Twelve. When is your birthday? The 26th of December. And do you remember what year you were born? '90. Okay. So, you're going to be thirteen in a few

Yep. Good. All right. Well, this thing that we are at

today is called a deposition, and I am going to ask you some questions and you have to give me the answers to the best of your ability. A. Q. A. Q. All right. And you will agree to do that? Yep. The Court Reporter just put you under oath. NIZIANKIEWICZ & MILLER REPORTING SERVICES Do you

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know what that means? A. That I can't lie. And if I do, then it will -- it

well, I guess, ruin the case or something. Q. Well, I don't know what it will do to the case.

It's not going to help the case if you lie. A. Q. Yeah. But you can get in trouble if you lie. It's against

the law to lie if you're under oath. A. Q. A. Q. A. Yeah. Do you understand that? Yes, I do. And you will agree to tell the truth? Yes.

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Q. to do. A. Q.

And whatever that truth is, that's all we want you

Yeah. This is not going to take a long time, but I just

want you to know that you can stop and take a break any time that you want. A. Q. All right. You don't have to even tell me what the reason is. Your mom

If you just feel like going out, you can go outside. and dad are here.

If you want to see them, that's okay, or it

can be because you want to talk to your attorney sitting next to you.

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Q.

Okay.

Have you done anything to get ready for

today's deposition? A. Q. What do you mean? Like have you talked to your parents about if I get

asked this, this is what I am going to say? A. Well, I think in my mind of what I am going to say

to the questions and try to remember the whole incident and what happened. Q. Okay. All right. Now, so you remember that there

was a time when you called the police? A. Q. Yes, I do. And then in response to that, the police came to

your house? A. Q. A. Q. house? A. Q. A. Q. Yes, I do. And did they talk to you? Yeah. And did you answer all of their questions to the Yes. And that was Officer Capaldo and Sergeant Krupa? Yes. And do you remember those two men coming to the

best of your ability? A. Q. Yes. And did you tell them the truth? NIZIANKIEWICZ & MILLER REPORTING SERVICES

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A. Q.

Yes. And they took you in the police car towards the end

of that event? A. Q. A. Q. Yeah. And you went to the police station? Yes. Well, let me ask you this. How far away from your

house is it to the police station? A. Q. I have no clue. Okay. Probably about five minutes.

And do you remember which one of the officers

that you rode with? A. Q. I rode with Sergeant Krupa. And where did you and Sergeant Krupa go when you

left your house? A. We went -- I don't know exactly. We went from my

house -- we went out onto 177, Lovely Street, and we went from there to where there were some electrical wires down. He got

out of the car, took two or three steps, got back in the car. I was sitting in the front seat, and then we went to the police station. Q. Okay. So, in other words, you guys were driving

along and you saw some wires were down? A. I guess he got called to it or whatever. And he

pulled in a driveway, got out for a second, and came back in. Q. Okay. So that, in a sense, was a detour you two

NIZIANKIEWICZ & MILLER REPORTING SERVICES

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guys took on your way to the police station? A. Q. Yes. And then other than that, you basically went right

to the police station? A. Q. Yes. When you got to the police station, did you have

your music with you, your headphones and your -A. Q. A. Q. A. Q. Yes. Was it a Discman? Yes, it was a CD player. And how many CDs did you have? I had one. And is that something that you listened to when you

were at the police station? A. Q. Yes. What did the sergeant tell you was going to happen

when you were at the police station? A. He didn't really tell me anything. He just said

that I was going to sit there for a while until they figured out what was going on. Q. A. Okay. Yeah. And did he give you a place to sit? I sat at -- the dispatcher's desk was over

here, and I sat at the second desk over on the left-hand side. Q. Okay. And from where you were, if someone was at

the glass looking in, would you be able to see them? NIZIANKIEWICZ & MILLER REPORTING SERVICES

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A. Q. A. Q. A. Q.

Yes. All right. Which glass? Yes. Yes. That would be the glass where someone from the The bulletproof glass.

public would come? A. Q. Yes. And was there a time when your dad came to that

glass and you were able to talk to him through the hand piece? A. Q. I wasn't really able to talk to him at all. Okay. Did you know that there was a part in the

glass where people can hand in money or papers? A. Q. Yes. Did you ever stand up there and, like, hold hands

with your father or something? A. Q. A. Q. No. I don't remember --

All right. -- if I did or not. Was there a time when you knew that your father was

outside on the other side of the bulletproof glass? A. Q. Yes. And was there a time when Officer Capaldo brought

you out to see him? A. Yes. NIZIANKIEWICZ & MILLER REPORTING SERVICES

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Q. A. Q.

And how long were you out there with him for? Maybe two, three minutes. And then what did you guys talk about when you were

out there? A. Q. A. We sat down and prayed. And then what did you do when you came back? Oh, I got back into the -- I went in and I was just

sitting there. Q. room? A. Q. Yes, I was. Did you see any of the equipment that the other All right. Now, were you in the actual dispatch

policeman was using? A. I saw where the dispatcher was sitting, all the

equipment that she used and stuff. Q. A. Q. Okay. Yes. Is that something that you were interested in, how Did you hear her take any calls?

all those machines worked and everything? MS. DOYLE: Objection to the form. Not really. You have to answer. I

THE WITNESS: MS. DOYLE:

Sorry, hon.

have to put it on the record. THE WITNESS: Q. Not really. Not really?

(By Mr. Gerarde)

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A. Q. player? A.

No. So, did you have anything with you besides your CD

I had my backpack, and I don't know what else was in

my backpack. Q. A. Q. A. Q. Was there any schoolwork in the backpack? I think, yes. Did you do any schoolwork? No, I didn't. Do you remember being talked to by the person from

the state that came in; it was a man named Scott Harvey? A. Yeah. I don't remember his name, but I remember

talking to him in the back room where the police would eat and stuff. Q. And were you alone with Scott Harvey when you had

that talk? A. Q. A. Q. A. Q. A. Q. Yes. I was, yes.

What did you and Mr. Harvey talk about? What happened and what my reaction was to it -All right. -- to what happened. What did you tell him your reaction was? I told him that my -- the reaction or what happened? No. We know what happened. What did you tell him

your reaction was? NIZIANKIEWICZ & MILLER REPORTING SERVICES

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A.

My reaction was just that he asked me if I had been I hadn't been hit a lot when I was

hit a lot, and I said no. -- it was discipline.

And like when -- instead of grounding And I had really no problem

me, they would discipline me.

with it, but it was just a big mistake that day of calling the police. Q. That's what I told them. Okay. So, in other words, when Scott Harvey asked

you if you had been hit a lot, you said no, it was discipline? A. Q. Yes. And did you mean that? And the reality is, yes, I

was hit, but I considered it discipline so I don't consider it being hit? A. Yes. I considered it discipline because it says in

the Bible you're to discipline your kids. Q. But what you were talking about is you were, in

fact, being hit, but it was okay with you? A. Q. A. Q. A. Q. A. Q. Yes. Is that what you're saying? Yes. Because it was discipline? Yes. All right. And what did he say about that?

I don't really remember what he said about it. Now, after you spoke to Scott Harvey or, you know,

the state guy, how long after that was it before you got to go NIZIANKIEWICZ & MILLER REPORTING SERVICES

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C E R T I F I C A T E

I, Christine E. Borrelli, a Notary Public and Licensed Court Reporter for the State of Connecticut, do hereby certify that the deposition of ANTHONY PEZZENTI, was taken before me pursuant to the Connecticut Practice Book at the Law Offices of Howd & Ludorf, 65 Wethersfield Avenue, Hartford, Connecticut, commencing at 2:15 p.m. on Thursday, December 11, 2003. I futher certify that the witness was first sworn by me to tell the truth, the whole truth, and nothing but the truth, and was examined by counsel, and his testimony was stenographically reported by me and subsequently transcribed as herein before appears. I further certify that I am not related to the parties hereto or their counsel, and that I am not in any way

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interested in the events of said cause. Witness my hand this 22nd day of December, 2003.

____________________________ Christine E. Borrelli Notary Public CT License No. 117 My Commission Expires: June 30, 2006