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:

AUGUST PEZZENTI, JR.

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 65 Wethersfield Avenue Hartford, CT 06114 (860) 249-1361 BY: THOMAS R. GERARDE, ESQ.

IN ATTENDANCE: August Pezzenti Elizabeth Pezzenti

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

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Exhibit D

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. . . . . . Deposition of AUGUST PEZZENTI, JR., a Plaintiff, taken on behalf of the Defendant, 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 10:20 a.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 WITNESS 4 5 6 7 8 9 10 11 EXHIBIT August Pezzenti, Jr.

I N D E X

DIRECT

CROSS

REDIRECT

RECROSS

4

PAGE:

Defendant's Exhibit 1, Police Report ............... 12 Defendant's Exhibit 2, Police Report ............... 13 Defendant's Exhibit 3, Police Report ............... 14 15 16 17 18 19 20 21 22 23 24 25 * * * * * * * * * * * * *

81 82 89

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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. Q. A. Q.

AUGUST PEZZENTI, JR., called as a witness by the Defendant, having been first duly sworn by the Notary, was examined and testified on his oath as follows:

DIRECT EXAMINATION BY MR. GERARDE:

Would you state your name for the record, please? August D. Pezzenti, Jr. Mr. Pezzenti, I'd like to introduce myself to you.

My name is Tom Gerarde, and I am the attorney for the Canton Police Officers that you have sued. The purpose of today's

deposition is to ask you some questions in connection with the lawsuit. The record can reflect that we are here at your

deposition and you have waived reading and signing the deposition, but otherwise, we will operate under the usual stipulations with respect to the Court Reporter's qualifications and all of the rest of it. MS. DOYLE: That's fine. Mr. Pezzenti, are you taking any Is that correct?

(By Mr. Gerarde)

medication that would interfere with your ability to understand -A. No. MS. DOYLE: to -MR. GERARDE: I'll go through that right now. I'll just interrupt. You may want

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(Off record conference)

MR. GERARDE:

Back on the record. All right. So, let me just focus We are here

(By Mr. Gerarde)

you on what the point of my earlier question was.

today because of something that happened on September 12th of 2002 -A. Q. A. Q. Right. -- when your son was taken to the police station. Right. And I know that there are other things that have

happened, apparently, between you and the Canton Police Department. And I'm going to give you a chance to tell me

about those, but I will try to sharpen my question as we go along. A. Q. All right. Thank you.

Specifically for preparation for this deposition,

have you looked at any of the police records associated with the September 12th event? A. Yeah. I looked at their report that they handed

into D.C.F.. Q. else? A. Q. I've seen -- no. Okay. Not really, no. Okay. And do you recall if you had seen anything

For instance, your wife was arrested --

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

Right. -- for breach of peace in the aftermath of that? Right. And did you see any of those arrest records -Yes, I did. -- the warrant application where one of the officers

details what happened? A. Q. A. Yes, I did. And when is the last time that you have seen that? I have seen it when I hired Pete Soulby to represent He went over the records, and I seen

my wife from Hartford. them then. Q. A. Q. A. Q.

And did you keep a copy of that? Yes, we did. Did you look at it in getting ready for today? Yes. What we're talking about is the case now with your Did you have any conversations as to like

wife and your son.

what happened, in other words, in order to get ready for today? A. happened. Q. Sure. I am not questioning that you won't tell me No, because it's the truth of everything that

the truth.

I am just wondering, did you have a family meeting

and say this is what -NIZIANKIEWICZ & MILLER REPORTING SERVICES

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A. Q. A. Q.

Ran around the back of the cruiser. Yes. And met me at the side. Okay. And that's where you had the conversation

about him telling you that Anthony was in protective custody? A. He took him -- took Anthony out of the front seat They went in and they put him into the locked

and walked in.

dispatcher's room. Q. That was the room that this person was sitting in

that you spoke to initially? A. Q. A. Q. A. Q. A. Yes. And there were glass windows -Yes. -- so you could see Anthony? And cameras, too. Cameras? There were cameras where you see them. And I could

see the monitors working. and everything. Q. Okay.

You could see the cameras taping

Were the cameras showing who was in the

dispatcher's room? A. Yes, and the police department, the whole

circumference surrounding the building outside the back where they bring the prisoners into the cell downstairs. the hallway. Anthony was looking. I was in

He says, Daddy, I can see

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you.

He settled down a little bit because -- I held his hand I had to hold his Daddy is

through the window like he was kidnapped. hand. here. He was shaking.

I said, Anthony, slow down.

I'll take care of you.

And he says, Well, I can see

you, Daddy, up there on the camera. Q. And just so I have the picture here, Anthony is

brought into the dispatch area and he is seated in the dispatch room somewhere? A. Q. Yes. And he was at all times in a position where you

could see him? A. After. When he first went in, they put him -- there

is a side room off the dispatcher's room where they had him for a little while. And then I told them -- they brought him

out so I could hold his hand through the window. MR. GERARDE: Off the record.

(A recess was taken)

MR. GERARDE: Q.

Back on the record. So, from what I gather, when

(By Mr. Gerarde)

Anthony was brought into the dispatch area, one of the first things that happened was he was in an area where he could reach his hand out through somewhere and touch your hand? A. When they first took him into the area there, they NIZIANKIEWICZ & MILLER REPORTING SERVICES

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kept him back in -- there was, like, a room on the other side of the dispatch room. As you walk in the door, the dispatcher And then there

is here with all of his cameras and monitors. is another room around the corner.

They had him over there to

start with, and then when he got so upset, they brought him around and I asked to speak to him. cannot speak to him. And they says, No, you Anthony

So I says, Well, can I see him.

put his hand through the window and I held his hand and I got him to calm down a little bit. of it. I said, Daddy will take care

I am going to call you -- I am leaving right now to go I am going to call an attorney and he will be here

outside.

very shortly to settle this matter. Q. Okay. And how long was it that you were talking to

Anthony at that time when his hand was through the window? A. Q. Maybe four or five minutes to calm him down. Okay. And by the time that you stopped, did that

have a positive effect in calming him down? A. in. It calmed him down. They gave him a chair to sit

He was pretty calm after that for a while. Q. Do you know if he had anything, like music with

headphones, to listen to? A. He had his headphones and he had his bookbag with

him and his homework and stuff. Q. So, when he sat in the chair, was he in a position

where you could see him if you looked through the window? NIZIANKIEWICZ & MILLER REPORTING SERVICES

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A. Q. A.

Yes. Okay. Well, no, not at that first time. They didn't set

him in the chair until after his lawyer got there, John -Attorney John Maben because I called -- I told Capaldo and Krupa and I told Anthony after holding his hand, I says, Anthony, I am going to call John -- Attorney John Maben for you right now. I am going outside. And I says, I have a town

meeting tonight because I was putting an addition on my house. I am not going to the town meeting. hand. Calm down. I said, just hold my So, he sat in the

Everything will be okay.

chair and I went outside and I called Attorney John Maben. John Maben was there within twenty minutes. He came inside

and Krupa and Capaldo came out and John introduced himself. He said he was representing Anthony, and here is a business card. He said he wanted to see his client, and they says, No. Then they didn't believe John was our I'll go out in my

You cannot see him. lawyer.

He said, I'll do better than that.

car and I will get my picture I.D. and I will give it to you. So, he went out to his car, got his picture I.D. and gave it to Capaldo and he, kind of, smiled. I'm Attorney John Maben. And Mr. Maben says again, I am

I want to talk to my client.

representing my client, and he says, No, you're not. not talking to your client now.

You're

And John says, Well, you He says, I am the

know, you're violating his civil rights.

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boss here.

You see these stripes. He got up.

He got up just like this. He

John was over here.

He's a pretty big guy.

says -- he got right up and he says, See these stripes right here, he says, I am the man. Q. A. Who is this who is saying that? Krupa. He put his chest right to John Maben's chest I am the man. I run the

and he said, See these stripes here? place and I'm in charge.

And he was telling Maben he was not And John

going to see Anthony, not before D.C.F. got there. says, Okay.

John says, Okay, put the kid in front of the And so

window where I can see him and he'll sit right here. Capaldo came out. Q. A. Okay.

Now, Capaldo came out and I says, you know, What is He says, Krupa didn't have to go this far with

the deal here? this case.

He says, He could have resolved this inside the He did not have to go as far as he did. And he

police department.

And I says, Well, can I talk to my son, Mr. Capaldo?

says, When Krupa goes to lunch at 6:00, I'll bring him out for you and you can talk to him. So, when 6:00 came, Krupa went

out the back door and Mr. Capaldo did by his word and came and brought Anthony outside. So, me and Anthony stood there. Mr.

Capaldo stood by the door and blocked the door so I couldn't take him out the door, and me and Anthony stood there. was crying. We kneeled down and we prayed. Now he

When we got done

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praying Anthony got up and I says to Mr. Capaldo, I says, Well, you can go back in there now. know, not too bad then. Mr. Capaldo was, you

And I says to Mr. Capaldo, I says, And he says, I think he is Capaldo said that

You know, what is going on here? high tonight. about Krupa.

Those were his exact words. I think he's high tonight.

So, Attorney John -I called

I belong to the First Baptist Church in Plainville. up two friends of ours.

He's a colonel in the Army and he is He is -- I can't

still active, Mr. -- oh, what was his name?

think of the name right now, but he is an active colonel in the service and he works out of Bradley Field. licensed foster parent house. He is a They

His wife is an Oriental.

was there and they sat there from six o'clock that night until 11:30 so the state could not take my son. You know, if they

wouldn't let him go with us, he could go to the foster -- you know, to friends of ours. So, we told Mr. Krupa that we have They brought their license

people here that are licensed.

with them and they says, We are going to sit here until we find out what is going on. And they seen everything; the

actions of these two officers and everything, and the colonel couldn't believe what he was seeing. Q. What did happen in the colonel's presence that you

say was improper? A. Well, the colonel was there when they says about -The colonel was

when they would not let us see Anthony.

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there. Q. him? A. Q. A. Yes. And Krupa says, I am the boss here. No. He didn't see him do that. He came in right You're talking about when John Maben wanted to see

after that, but he was there when John Maben asked several times to see Anthony. Q. Okay. Just so I understand the sequence, I thought

what happened is that the conversation happened with Krupa and Maben, and Maben was told he wasn't going to see Anthony? A. Q. Right. And Maben said, Well, then put him right in the

window here where I can watch him? A. Q. later? A. Yes. Right after that, I think, Mr. -- I think -- I They are good friends of Right. Are you saying that he then tried to see him again

can't remember his name right now.

ours, too, but I think the two people from our church who are the licensed foster parents, they arrived there at six o'clock and they sat over there in the corner. And I told Mr. Capaldo

and Krupa, I have foster parents right there in case there is any problem, Anthony can go with them. every ten minutes. So, John got up like Nope.

He said, Well, can I see my client?

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They wouldn't let him see his client.

My kid was there.

And

then Capaldo -- I asked Mr. Krupa at 8:30, I says, My kid has been here since 4:30. It's been four-and-a-half hours. He

needs something to eat. we will get to it.

He says, Well, when we get a chance, You're not feeding him. I'll

I says, No.

get him something to eat.

So, I left and went to McDonald's Now, it's getting towards

and I got him something to eat.

9:30 and I kept saying, you know, the lawyer is still trying to see his client. The foster parents are over there. My

wife is over here and -Q. Just so I'm clear about that, your wife was at the

station at this time? A. After. She didn't come until about 7:00 because I

went and picked her up. Q. A. Anthony. Seven. Okay.

And at 9:00, the lawyer was still trying to see He kept -- Capaldo kept saying no. They said,

D.C.F. is on the way.

So, D.C.F. arrives on the scene at They came and they They checked

10:30 and they were called at 4:30.

brought us into a room and they questioned me. my background. her background. really here for.

Then they questioned my wife and they checked And the guy says, I don't know what I'm So, he went and talked to Krupa and Capaldo

and then he came back in and he says, There was no need for this whole thing that went on here, and he says that Anthony NIZIANKIEWICZ & MILLER REPORTING SERVICES

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is going to be released to you, and then we walked out of the door and we left. Q. A. Q. A. Q. A. Q. That was about twelve o'clock at night.

Did D.C.F. interview Anthony? Yes. Was that in your presence or was it separate? Separate. And were you and your wife interviewed separately? Separately and then together. So, during the time that Anthony was being kept by

the police, was it known to you that the reason he was being kept was because the Department of Children & Families had been called and they were waiting for someone to come and interview him? A. Q. Reword that again. In other words, you knew that they had Anthony and

that he was in protective custody? A. Q. Right. At what point did you also know that the reason that

the hours were going by was that they had called the Department of Children & Families and they were waiting for someone to show up? A. Well, for about -- I guess they called D.C.F. at But, yeah, they told me that they were

about 4:30, 5:00.

holding him until he was -- yeah, until I was interviewed by D.C.F. NIZIANKIEWICZ & MILLER REPORTING SERVICES

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Q. 6:00.

And Anthony was brought out to see you at around

Is that right? No. He was, yeah. Let's see -- I would say yes,

A.

about 5:30, 6:00 right around there because -- that's right. Krupa went to lunch at 6:00 because he worked 3:00 to 11:00 then. Yeah, I would say 6:00 because that's when Capaldo

says, When Krupa goes to lunch at 6:00, I'll bring him out, which he was told by his commander, Krupa, not to let me see him at all. Q. A. Okay. And so he brought him out at 6:00 when Krupa went So, he brought him over to me. He says, Here I

out the back.

is your son, Anthony.

And Capaldo stood over by the door. I

think he thought I was going to run away or something. don't know.

But me and Anthony kneeled down and we prayed. I said, Don't worry

And we talked about a couple of things. about it. Q. A. I said, John is on his way.

How long were you with Anthony during that time? For five minutes. Maybe three, four, five minutes.

Not very long. Q. A. Okay. And then Capaldo says to me after Anthony went back

in behind the window -- he says to me, I don't know why he is acting like this because it could have been handled internally. There was no narcotics on the kid or no nothing.

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And he says, I think he is high tonight. words that Capaldo said. Q.

That's the exact

Did you talk to Anthony about what had happened at

the house? A. No. I couldn't even talk to him that long. All we

had time to do was pray, hug each other, and they whisked him right away again. Q. And when he was brought back into the dispatch room,

was he in a place where you could see him? A. Q. A. Q. A. Right in front in the chair again, yes. And he had his headphones? Yeah. Is that yes? Yeah. He had his headphones. Asked and answered. He had his headphones and books He

MS. DOYLE:

THE WITNESS:

and stuff like a normal kid would have, you know. was kind of interested in the cameras because he

could see all around, you know, the big room and see the whole complex and everything. Q. A. area. (By Mr. Gerarde) Yes. Anthony was? It's a pretty big

Well, I could see him, too.

It's a big room with this -- like, with all cameras and

monitors and everything. Q. All right. And when was the first time that you had

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any business dealings with John Maben? A. Q. A. Q. A. Q. A. When was the first time I -Yes. I have known John Maben for ten years. In other words, in what capacity did he -Just as a personal friend. Oh, is he? Just tell me about that.

Well, I went to work for Aiudi Concrete and I used

to take care of their management properties for probably six years. John used to rent the houses for them, and I did the That's how I met John.

maintenance. Q. A.

So, in other words, John was Aiudi's lawyer? No. John was a real estate broker. He rented

houses for them, got the leases going. Q. A. Q. I see. That's how I met John. So, in addition to being a lawyer, John Maben is

also a real estate broker? A. He is a broker, yes. I own a house and he rented it

for me, too -- my houses. Q. Did John -- well, tell me what your recollection is

as to when John arrived? A. John was there within -- I would say John was there

about ten after five. Q. I thought that John wasn't there when Anthony was NIZIANKIEWICZ & MILLER REPORTING SERVICES

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out in the room with you. A. He wasn't, that's right. I can rephrase that. I would say Capaldo --

excuse me.

Krupa left for supper at

five o'clock and John got there at ten after five. Q. A. So, whatever the timing was -Because it was only -- I left Southington at quarter I got to the police department, and right after At 4:35 or 4:30, I think that's right.

after four.

4:20, they came in.

And then Krupa left for lunch at 5:00 and John came right after that, 5:10 or so. Q. About that. About 5:10 he arrived.

And I take it that John Maben then had the

conversation with Sergeant Krupa after Krupa got back from wherever he was? A. Q. released? A. John Maben was there for -- from ten after five Yep. Did John stay with you until Anthony was eventually

until 12:00. Q. A. Q. A. Q. A. Did you leave at the same time? He stayed right there. And did he go with you when you spoke to D.C.F.? Yes, he was. He was sitting with you? No. He wasn't with us then, no. He went with us No, not at the

when D.C.F. was at the house.

That's right.

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police department neither, he didn't talk to them. Q. A. All right. He talked just a quick conversation with him, that

John wanted stuff put on the record about what went on up there. Q. A. Q. Meaning -- is this talking to D.C.F., you mean? Yes. So, I have learned so far that you, your wife and

Anthony each were interviewed by D.C.F.? A. Q. Yes. And are you saying that John was not with any of you

at the time of the interview? A. Q. A. us. Q. And was there a second time that you were At the police department? Right. No. He was there, but he wasn't in the room with

interviewed by D.C.F? A. Q. A. When they came to the house. When was that? Oh, well, the problem was they called my house the And I told them they were And they says,

next day and said they were coming.

not coming until his attorney was there. Attorney? I says, Yes.

I says, You will talk to my son when Other than that, you are not going

his attorney is with him.

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to do it.

So, what they did is they never had a case like So, they came to

that where he had to do anything like that. the house. John.

I refused them seeing him and then I got ahold of So,

John set up all of the appointments with D.C.F..

when they came and interviewed Anthony at my house, John would be there. When they interviewed Mallorie -- they talked to my

daughter briefly, but when they interviewed all of us, John was there. So, what I did was I gave Anthony a cooling off

period, and I put him over -- it's Lilly, the colonel's name. Q. A. Say the last name again? L-I-L-L-I-E or L-Y. Something like that. A

lieutenant he is.

He is a lieutenant colonel. Can I just have a minute with my

MS. DOYLE:

client before we get to the next question? MR. GERARDE: Sure. Off the record.

(A recess was taken)

Q.

(By Mr. Gerarde)

We are back on the record, and you The first

were telling me about the second D.C.F. interview. one being that night at the police station.

The second

interview was one that D.C.F. wanted to set up the next day, but you wanted Anthony to have a lawyer with him -A. Q. Yes. -- before any interview happened? NIZIANKIEWICZ & MILLER REPORTING SERVICES

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A. Q. A. Q.

Yes. When did that interview ultimately happen? Probably two and a half weeks afterwards. Did it happen the way that you wanted it to, with

John Maben being present? A. Yes. He set up all of the appointments. He set up

everything.

He met them at my house and he met them at Mr. We gave Anthony a cooling of period for

Lillye's (SIC) house. ninety days.

He went to the Lillye's house where I didn't see We just put him over

him for thirty days, me or my wife.

there, let him cool off a little bit, and get a little accustomed to that. And Mr. Maben went over when D.C.F.

investigated with the Lillyes, so -- they are personal friends of ours, Mr. and Mr. Lillye. Q. You're saying this man who you described as

lieutenant colonel, that is Lieutenant Colonel Lillye? A. Q. A. Q. A. Q. A. Q. A. Lillye, yes. And you believe the name is spelled L-I-L-L -L-I-L-L-Y-E I think it is. Lillye? Lillye. Do they live in Canton? They live in Plainville. Do you know what street they live on? North Washington Street I think that is. NIZIANKIEWICZ & MILLER REPORTING SERVICES

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reports.

And I am going to mark as an exhibit -- I have a I just need a minute here. This is the

copy for both of you. first one.

(Defendant's Exhibit 1, Police Report, marked for identification)

Q.

(By Mr. Gerarde)

For the record, Exhibit 1 is a

three-page document. A. Q. along. A. Q. Okay. Are you going to read it? Am I supposed to read this? Well, I was offering you the opportunity to read

But I'm going to reference some of the things

written here and ask you if you believe that that happened or -- first of all, well, let me ask you. glasses with you today -A. Q. A. Q. No. I forgot them at home. Do you have reading

-- if you hold them away? I can see it pretty good, yeah. Okay. Now, I'll represent to you, sir, that Exhibit

1 is a three-page incident report completed by Joseph Capaldo. And you see in the lower left-hand corner that that is his badge number and his signature. on all three-pages. It will be on that same spot Is this one

Have you read this report?

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his question. THE WITNESS: Q. Thank you. Let me just get the question out The report reads, "I And the

(By Mr. Gerarde)

and then you can give me your answer.

met him and brought him into the interview room."

question is, did, in fact, you and Officer Krupa speak in an interview room? A. Q. A. Q. No. You say you spoke out in the lobby? Yes. It then continues, "I advised him of the complaint,

and Officer Capaldo was present then on the phone with D.C.F." My question is, did you have a conversation with Krupa wherein he advised you of the nature of the complaint? In other

words, that he had Anthony in protective custody related to something that had happened between your wife and Anthony? A. Q. Yes. And did he tell you that someone or Capaldo or

someone else was on the phone with D.C.F.? A. Q. He never told me he was on the phone with D.C.F. But he told you that D.C.F. was going to be

contacted? A. Q. Yes. He says that you were -- it reads, "He was very I take it that part is

concerned about getting Anthony back."

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true? A. Q. Yes. It says you asked if -- I'll read it verbatim. "He

asked if his wife was going to be arrested and was acting very nervous." I'll go away from the nervous part, but do you

remember asking whether or not Elizabeth was going to be arrested? A. Q. Yes. It reads, "I told him that we weren't doing anything Do you remember that being the

until D.C.F. arrived." sergeant's response? A.

I don't remember him saying anything like that, no. We

I just remember him saying he was going to call D.C.F. never talked too much after that. Q. Okay.

The report reads, "As we spoke, I explained"

-- I think that's a typographical error -- I think it means "our concern" not "out concern", "was that he would be safe at their home. He told me that he would ensure that Anthony was

safe even if it meant that he had to bring him to his grandmother's house." Krupa? A. Q. A. Q. No. I never said nothing like that. Do you remember telling that to Officer

Is there a grandmother that lives nearby? No. Is there a grandmother that lives in Connecticut? NIZIANKIEWICZ & MILLER REPORTING SERVICES

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A. Q.

Manchester. And would one of the options that you would have had

open to you have been to bring Anthony to his grandmother's if it meant that he had to go somewhere other than your home? A. No. He would have went with Mr. and Mrs. Lillye.

My mother is 90 years old. Q. A. Q. How old? Ninety. The report then reads, "I again said that our best

course of action would be to wait for D.C.F. and go from there. I advised him of the complaint against him hitting

Anthony with a belt for demerits at school, and he admits that he did that and indicated that it was common to discipline with a belt across the butt." belt for demerits at school? A. Q. Yes, I did. And did you indicate to the sergeant that it was Now, did you hit Anthony with a

common to discipline with a belt across the butt? A. Q. Yes, I did. Next paragraph, "A short time later, I was told that That has to do with him and If you look at the third

an attorney was in the lobby."

Maben, so I'll spare you that part.

page, please, the first full paragraph there begins with "He then told me" -A. Yes. NIZIANKIEWICZ & MILLER REPORTING SERVICES

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Q.

Okay.

Just to orient you, the report is talking

about what Maben told Sergeant Krupa, and it reads, "He then told me that it was a violation of Anthony's rights to take a statement from him without his attorney present. told him that no one took a statement from him." what I want to focus on. I already And that's

Would you agree that no one in the

police department took a statement from Anthony? A. Q. No. I wouldn't agree with that.

Who took a statement from Anthony at the police

department? A. I have never seen -- I was out in the hallway. I

mean, I was out in the foyer. statement. Q.

I didn't see if they took a

You know what I mean?

But are you saying that you know they took a

statement from Anthony and they had him sign something? A. I don't know, no. I can't say nothing about that,

Q.

And then it reads, "He says that's not what he said. And he then said I told

I went over the question he just asked me. that's not what he meant.

This went back and forth.

him the bottom line is Anthony's safety.

I told him no one I showed him

was interviewing Anthony until D.C.F. got there.

where Anthony was and told him he could look at him from the lobby." Again, this doesn't pertain to you, but you can at

least confirm at the point when Sergeant Krupa was talking NIZIANKIEWICZ & MILLER REPORTING SERVICES

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with Attorney Maben that Anthony was located in a spot where he could be seen through the glass in the dispatch area? A. After John told him to put him in front of that Until then he wasn't. Let's mark this as the next one.

window, yes.

MR. GERARDE:

(Defendant's Exhibit 3, Police Report, marked for identification)

Q.

(By Mr. Gerarde)

Would you take a minute and look

at Exhibit 3, please. Exhibit 3.

Let me ask you some questions about

First of all, is that one of the reports that you

had seen before today? A. Q. Never seen this one before. Okay. This is a report that indicates that Scott

Harvey, a social worker with D.C.F., had come to the Canton Police Department. A. Q. Yes. Does Scott Harvey ring a bell? Was that the person Do you see that?

that was there? A. Q. A. Q. Yes. Did he have a woman with him? No. I thought you said that you were referring in the --

to the gender of the person who spoke to you as female? NIZIANKIEWICZ & MILLER REPORTING SERVICES

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A. Q. A. Q.

Male. It was? Male. Okay. And the report indicates that, "Harvey

privately interviewed Anthony in the patrol room and he spoke to Anthony for about twenty minutes." your recollection? A. Q. Yes, it does. And that, "He then spoke to both parents Does that jive with

separately." A. Q. Yes. And it indicates that, "Harvey then determined that

Anthony was in no danger if he were to return home on that evening." A. Q. A. Q. Yes. And that's how it was related to you? Yes. And it further indicates -- and this is Mr. Capaldo

who is writing this, "Prior to releasing Anthony to his parents' custody, I spoke with them. I informed them that

despite their religious beliefs, it was illegal to discipline their children the way they have in the past." conversation of that nature occur? A. Q. Yes. And what to your recollection did Capaldo say to NIZIANKIEWICZ & MILLER REPORTING SERVICES Did a

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you? A. Capaldo was sitting there and he says that when he And like I told And that's the

was a kid he used to get beat with a strap. him, I says, a kid needs to be disciplined. way we left it. Q. here. All right.

Well, that's not exactly what it says

What it says here is that he advised you -- and I guess

this is regardless of what happened to him when he was young. He says, "It was illegal to discipline their children the way they have in the past. It's not lawful to strike the children Do you remember him

with any item that can cause injury." saying that part? A. no.

I don't remember him saying injury, no.

I refer --

Let me rephrase that.

I remember him telling us that we

could not touch Anthony. Q. A. Q. As a means of discipline? That's right. All right. And do you feel as you sit here today

that as soon as Scott Harvey's investigation of everybody was complete, that Anthony was then turned back over to you? A. Q. Anthony was never taken from us. In other words, what I mean is he was allowed to

come out of the dispatch area, brought to you so that you could take him home? A. After they interviewed me and my wife, checked our NIZIANKIEWICZ & MILLER REPORTING SERVICES

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background, our police records and at 12:00 at night, yes. Q. Okay. So, in other words, once D.C.F. had made up

their mind it was okay for Anthony to leave with you, it's not as if the Canton Police still hung onto him for a while? A. No. They held him until all of the backgrounds were

checked and everything, until they interviewed me, my wife and him. And then they put him back in the room and me and my

wife -- and then he went into the room and we came out and about five minute later he came out. Q. Okay. Now, it also reads at the bottom here that

your wife was advised by Capaldo that he would be applying for a warrant for her arrest? A. Q. A. Q. A. Uh-huh. Did he tell you that that night? Yes. How is Anthony doing in school? He is doing -- his grades are not real good right He came from Ds

now, but he is working on getting them up. and he is up to Cs and Bs now. Q. Ds? A.

When you say he came from Ds, when was he getting

When all of this case came down on him, school was

just a washout. Q. So, I am going to assume that you're talking about

the school year of September, '02, to June of '03? NIZIANKIEWICZ & MILLER REPORTING SERVICES

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Q.

In other words, it seems that there was conflict

between them? A. Q. When? That they would argue shortly before the day that

this happened. A. Q. No. I disagree with that.

Tell me what your characterization of the

relationship was between your wife and Anthony prior to this day? A. Q. A. Q. Perfect. Perfect? Perfect. Now, did you speak to your wife and Anthony about

what actually happened that day? A. Q. Yes. And what did -- let's start with your wife, what did

she tell you happened? MS. DOYLE: Object to the form. Hearsay. Go

ahead and answer. THE WITNESS: MS. DOYLE: Q. A. I can answer it?

Uh-huh. Yes.

(By Mr. Gerarde)

Betty told me that he was outside blowing the leaves

off of the driveway and he -- some rocks were hitting the house, so she told him not to do that and she took the leave NIZIANKIEWICZ & MILLER REPORTING SERVICES

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blower and put it in the shed and then he went on his way up to his room and he called her a fat slob. So, my wife -- I

guess she slapped him, and he said he was going call the cops. So she says, I'll dial them for you, and she threw him the phone. lip. Q. Okay. So, Betty told you that she slapped Anthony The phone hit the bed and popped up and hit him in the

and she told you that the phone hit him in the lip? A. She told me that she slapped him and then he said he She said, I'll call them for

was going to call the police. you.

And she picked up the cordless phone and threw it on the

bed and it bounced up off the bed and hit him in the face and hit him in the lip. Q. happened? A. Q. Yes. Okay. Anthony told me the same exact thing. So, when you talked to Anthony, he confirmed So, then that's something that she told you

that's what happened? A. Yes. MS. DOYLE: all hearsay. objection. MR. GERARDE: admissions. Q. (By Mr. Gerarde) So, let me then ask you about She is a party opponent. It's Again, I am going to object. It's

I'm just putting in a standing

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Anthony's lip. his lip? A. Q. A.

Did you ever notice the cut on the inside of

Yes, I noticed it. Okay. When did you notice it?

I noticed it when he was at the police department, Nothing. It was just, you know, a

but it wasn't bleeding.

little minor bruise and a little split maybe. Q. Okay. Now, I know that your rock solid belief is

that there was no need for D.C.F. to do any kind of interview with your family. And I'm not here to challenge that at all, What I am asking you, though, is

and I don't challenge it.

given the fact that the police officers were told and, apparently accurately, that Anthony had been slapped and that he did have a bruise on his lip, do you at least understand why it was that D.C.F. was called? A. Q. A. Q. No. You don't believe that they should have been? No, I don't. Are you familiar with any of the requirements of the

statutes about when D.C.F. has to be called by other people? A. Q. A. Q. Yes. They are called mandated reporters? Yes, but I think he went a little too far. Okay. How has your relationship with your wife been

since this incident? NIZIANKIEWICZ & MILLER REPORTING SERVICES

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Q.

(By Mr. Gerarde) I'm going to ask a couple more

questions and I'll tell you, anything you think is responsive, you're free to tell me about it. But the point is -- the

point of today's deposition is for me to get what information I can from you about what happened on the day of the event and your relationship with the Canton Police. A. Q. Right. And have your answers so far today been the truth to

the best of your knowledge? A. Q. Yes. And are they complete or does more information need

to be added in order for them to be complete answers? A. Q. No. They are complete.

As you sit here today, are there any other

conversations that you had with Capaldo or Krupa about this incident on September 12th of 2002 that you haven't told me about? A. Q. No. And as you sit here today, are there any other

incidents involving some type of contact between you and the Canton Police Department that we haven't discussed? A. Q. A. Yes. Tell me about that? Well, yesterday I am bringing my cement mixer back They are building that big mall on Route

to Bremar Rental.

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conflicting relationship with your wife? A. Q. A. Q. No. But you described it as a cooling off period? I described it as changing the atmosphere, okay. Well, you also called it a cooling off period,

didn't you? A. Yeah. I called it that, but I said I wanted to

change the atmosphere so he wouldn't have to look at the Canton Police going by my house and seeing other things going on. So, I just took him and I put him away. I put him in

safe hands where I knew where he was. day. Q. A. Bible. Q.

We had seen him every

Now, are you a student of the Bible? Yes, I am. I am not a student, but I know the

Because your wife made a statement to -- or it's at

least written in these reports that your wife made a statement to Capaldo that says, "The Bible allows me to hit you," referencing Anthony. A. Do you agree with that? I wasn't there when she

I never heard her say that.

talked to Capaldo. Q. children? A. I believe the Bible is supposed to give you Do you believe that the Bible allows parents to hit

discipline for your children, yes. NIZIANKIEWICZ & MILLER REPORTING SERVICES

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Q.

But that includes hitting, if that's what you decide

you want to do? A. Q. A. If I have to discipline them, I will, yes. In what way, physically? On their rear end, yes. MR. GERARDE: you very much. I don't have anything else. Thank

(Deposition Concluded at 12:30 p.m.)

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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 AUGUST PEZZENTI, JR., was taken before me pursuant to the Connecticut Practice Book at the Law Offices of Howd & Ludorf, 65 Wethersfield Avenue, Hartford, Connecticut, commencing at 10:20 a.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 interested in the events of said cause. Witness my hand this 28th day of December, 2003.

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

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