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1 THE STATE OF FLORIDA

COUNTY OF BROWARD
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IN RE:
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INVESTIGATION
5 SP11-10-083
CERTIFIED COPY
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SWORN STATEMENT OF OFFICER JAMES YACOBELLIS
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Tuesday, August 21, 2012,
2:18p.m. - 3:18 p.m.
201 Southeast 6th Street
Fort Lauderdale, Florida 33301
20 Reported By:
JENNIFER DRURY, COURT REPORTER
21 Notary Public, State of Florida
22 Bailey & Associates Reporting, Inc.
200 Southeast 6th Street, Suite 601
23 Fort Lauderdale, Florida 33301
Phone - 954-358-9090
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BAILEY &ASSOCIATES REPORTING, INC.
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1 APPEARANCES:
2 ON BEHALF OF THE STATE OF FLORIDA:
3 STEFANIE NEWMAN
ASSISTANT STATE ATTORNEY
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BROWARD COUNTY STATE ATTORNEY'S OFFICE
201 Southeast 6th Street
Fort Lauderdale, Florida 33301
954-831-6955
ANGELO PAZIENZA, INVESTIGATOR
7 BROWARD COUNTY STATE ATTORNEY'S OFFICE
8 ON BEHALF OF THE WITNESS:
9 TONY ALFERO, ESQUIRE
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BROWARD COUNTY POLICE BENEVOLENT ASSOCIATION,
10 2650 W. State Road 84
Fort Lauderdale, Florida 33312
11 954-584-7600
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I N D E X
WITNESS:
OFFICER JAMES YACOBELLIS
EXAMINATION BY MS. NEWMAN:
N 0 E X H I B I T S M A R K E D
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1 Statement taken before JENNIFER DRURY, Reporter and
2 Notary Public in and for the State of Florida at
3 Large, in the above cause.
4
5 Thereupon,
6 OFFICER JAMES YACOBELLIS, .
7 having been first duly sworn or affirmed, was
8 examined and stated as follows:
9 EXAMINATION
10 BY MS. NEWMAN:
11 Q. Can you state your name and spell your last
12 name for the record?
13 A. James Peter Yacobellis, Y-A-C-0-B-E-L-L-I-S.
14 Q. And my name is Stefanie Newman. I'm an
15 Assistant State Attorney. Also present with me is
16 Angelo Pazienza, an investigator in my office.
17 MS. NEWMAN: Counsel, can you announce
18 your presence?
19 MR. ALFERO: Tony Alfero, A-L-F-E-R-0.
20 BY MS. NEWMAN:
21 Q. You are here today pursuant to the State's
22 investigation, case number SP11-10-083. And you've
23 come in here today with your attorney to provide a
24 voluntary statement, correct?
25 A. Correct.
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Q. Now, I'd like to begin by advising you of you.
2 your rights. Before I ask you any questions I want
3 to advise you of your rights under the law.
4 Do you understand that I'm an Assistant State
5 Attorney?
6 A. I do.
7 Q. And you have the right to remain violent.
8 Anything you say can be used against you in a court
9 of law. Do you -- you don't have to speak to me or
10 answer any questions if you don't want to. Do you
11 understand that?
12 A. I do.
13 Q. You have the right to an attorney and to have
14 him present with you while you're being questioned
15 now or in the future. Do you understand?
16 A. I do.
17 Q. If you cannot afford an attorney one will be
18 appointed to represent you before any questioning if
19 you wish. Do you understand?
20 A. I do.
21 Q. Now, if you decide to answer questions now or
22 in the future with or without an attorney, you still
23 have the right to stop answering questions at any
24 time until you talk with an attorney. Do you
25 understand that?
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1 A. I do.
2
Q. In regards to this investigation, have you
3 previously asked any police officer or any other
4 state attorney or investigator to speak to an
5 attorney?
6 A. No.
7
Q. Now, knowing and understanding these rights
8 as I've explained them to you, do you want to answer
9 questions here today?
10 A. I will.
11 Q. And for the record, you are here with an
12 attorney, correct?
13 A. Correct.
14
Q. Now, has anyone made you any promises, forced
15 you, or threatened to come in here and provide a
16 voluntary statement to the State today?
17 A. No.
18
Q. Now, before we got started I gave you an
19 opportunity to review three reports. And I'm just
20 going to put those case numbers on record. It was
21 case number 2011-20373, and 2011-20381.
22 Is that correct?
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25
A. Yes.
Q. Okay.
Now, what do you do for a living, sir?
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1 A. I am a police officer.
2 Q. And how long have you been a police officer?
3 A. Since October of 2000.
4 Q. Where are you employed?
5 A. The City of Coconut Creek.
6 Q. And what was your position with the City of
7 Coconut Creek Police Department back in August
8 of 2011?
9 A. Patrol officer.
10 Q. And did you work a particular shift?
11 A. Yes. The night shift, overnight shift.
12 Q. Okay.
13 Now, in working the night shift, did you have
14 occasion on August 15, 2011, to respond to a burglary
15 investigation?
16 A. Yes.
17 Q. Can you tell me how you got involved in that
18 particular burglary investigation?
19 A. I was dispatched to an address in a
20 development called Star Point where a female
21 complainant stated that her father's residence, who
22 also lives in the same development, was possibly
23 burglarized as there was jewelry missing and he was
24 just released from the hospital and put into a rehab
25 facility.
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Q. And were you advised at that time that there
2 were any suspects with respect to that burglary?
3 A. I don't remember. Can I check my report?
4 She may have said something to me.
5 Q. Sure.
6 A. Thanks. There was a lot in here to read.
7 The answer to your question is yes.
8 Q. And
9 A. Her daughter, Aimee.
10 Q. Now, after you took this initial burglary
11 report, did you have any further involvement with
12 this family?
13 A. Yes.
14 Q. Can you tell me how that occurred?
15 A. I started on the report. Aimee wasn't home.
16 I remember there being a bunch of family members,
17 three, four, five family members inside. Or was that
18 the second time I went there? I apologize, because I
19 was at two different houses. I think I just went to
20 her father's house, the one that's in the rehab
21 facility, to take the initial report, because that's
22 where the jewelry was missing from.
23 After that I believe I gave her my card with
24 my cell number on it. Since she suspected her
25 daughter, her daughter wasn't home. Since she was
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1 going back home, give me a call once you get back
2 home if you want me to talk to her.
3 I went to Gerber Park which is right
4 coincidental -- which is right down the road to start
5 typing my report. Sometime soon she called my phone
6 and said Aimee's here. So I advised on the radio
7 that I was going to back to, or going back to the
8 CocoPlum address. And that's when I went back to the
9 house.
10 Q. And do you recall who you met with when you
11 got back to that house?
12 A. I met with the complainant, the original
13 complainant. That's the house I'm talking about that
14 had like three, four, five, six people in there, the
15 family members. So I know you met with, I don't know
16 if it was the complainant's brother or -- it was
17 definitely a relative who was inserting himself into
18 this, that he was with -- I talked to him. I don't
19 remember his name. I can't really tell you too much
20 about him. I think he was wearing like a white track
21 suit or something. I know I talked to Aimee. I know
22 I talked to Aimee's boyfriend, Blake. I know. I
23 talked to everyone at one point in the house. So I
24 just can't tell you specifically who besides those
25 four people I just said.
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Q. Now, you have three reports authored all on
2 August 15, 2011
3 A. Yes.
4 Q. -- from various incidents. It appear they're
5 all related?
6 A. Yes. In some way, yes, they are related.
7 Q. How were they all related? How did you
8 generate three, or why did you generate three
9 separate reports?
10 A. I didn't know I should. I was actually told
11 by my sergeant, because I had asked him what should I
12 do. Because at the time the warrant wasn't part of
13 it, so there were only two parts reports at the time.
14 But I didn't know if -- to answer your question
15 quickly, then I'll explain, is that there were two
16 different victims. There was Gayle, the
17 complainant's father. He was the victim of his
18 jewelry being stolen.
19 And then when she had called me back there,
20 that's when they told me, or maybe she told me on the
21 phone, I'm not sure, but a second victim popped up,
22 which was her brother-in-law. He found out that his
23 T.V. was taken. So he turned out to be a second
24 victim.
25 And I didn't know should I have one case
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l number, two case numbers, how do you want me to do
2 this. And then that's why two -- that's why at that
3 time two cases numbers were punched.
4 Q. Can you explain to me what was the atmosphere
5 in that house? When you came back and had all these
6 family members and the father's jewelry had gone
7 missing, he's in rehab, what was the tenor or the
8 atmosphere in that house.
9 A. Some family members were visibly upset or
lO verbally out spokenly upset if you will.
ll Unbelievably the second victim, the
l2 brother-in-law, which I don't know what his name is,
l3 but we'll just call him the second victim, he wasn't
l4 that upset or as upset as I would have expected him
l5 to be as opposed to the other people inside the
l6 house.
l7 But it was -- so it varied is what I'm trying
lB to say. You had a mom who was upset that her
l9 daughter was a potential thief. You had her
20 brother-in-law who had his T.V. stolen. And you had
2l like the dude in the white track suit.
22 The reason why he sticks out is because he
23 was very angry as opposed to other people on the
24 patio that really weren't angry that much. So you
25 had a mixture of people.
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Q. Now, did you ever separate any of the parties
2 to speak with them about all of this that was going
3 on in the family?
4 A. I'm sure I did.
5 Q. Do you recall how you separated the suspects
6 or if you separated them?
7 A. I did separate them. Aimee was in her
8 bedroom. Her uncle wanted to talk to her first. I
9 don't think it was the brother-in-law uncle. I think
10 it was somebody else that was the brother-in-law. It
11 might have been the white track suit guy.
12 So she was in her room alone, or maybe Blake
13 was with her, I'm not really sure. I think she was
14 alone. I'm not really sure. Sorry. So Aimee was in
15 her room. I talked to her myself in her room without
16 anyone there. And Blake was -- I talked to Blake in
17 the bathroom next door.
18 But everyone else I actually talked to, I
19 won't say everyone, the three or four other people on
20 the patio outside of Aimee and Blake. So as far as I
21 can recall, that's the separation.
22 Q. Can you tell me how it was that you spoke to
23 Aimee in the bathroom or spoke to Blake -- Aimee in
24 the bedroom and Blake in the bathroom? How did you
25 go about separating the parties?
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1 A. Aimee was already in her bedroom.
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I think he
2 was packing at the time. So there wasn't any reason
3 to move her. So I talked to her in the bedroom.
4 Blake was there. And I needed to talk to Blake
5 separately, so I took him in the bathroom which was
6 next door to her bedroom.
7 Q. When you first went in to talk to Aimee was
8 Blake there?
9 A. I'm sorry, I don't remember. I don't know
10 I can't picture when people were coming and going. I
11 don't even remember if they arrived together or
12 separate. So I don't know.
13 Q. How did you chose the bathroom to bring Blake
14 in?
15 A. It's not a very big condo. There might have
16 been just two bedrooms, which Aimee was in one. And
17 there was a bathroom next door. So I took just him
18 into the closest next room.
19 Q. And tell me about your contact with Blake.
20 What happened?
21 A. I talked to him two separate times in the
22 bathroom. Going off my report, I read him Miranda.
23 I know enough to read him Miranda before I start
24 asking him questions. So I'm sure it happened before
25 the first time I put him in the bathroom and we
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1 talked.
2 But I had the -- I can remember I had the
3 sink faucet going because his girlfriend was being
4 very uncooperative. He was being very cooperative
5 and actually crying at some point. So I didn't want
6 her to hear what he was saying. So it was white
7 noise basically.
8 But I talked to him once. They got back
9 together. And I think when the uncle -- at some
10 point the uncle came back in to talk to Aimee because
11 whether he heard what was going on or she -- he heard
12 what was going on somehow that she wasn't being
13 cooperative with me. He was, but she was not.
14 And I think she was actually putting most
15 everything on him as far as him doing, like him
16 pawning. She had nothing to do with it. Or I think
17 she was denying everything at first.
18 The point is -- I'm sorry, I'm getting off
19 track. Talked to Aimee in her room, Blake in the
20 bathroom. I talked to Aimee again. Talked to Blake
21 again. Talked to other people. So, that's
22 Q. Now, when you brought Blake in the bathroom,
23 was the door open or closed?
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A. It was closed.
Q. Okay. How big of a bathroom was it?
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1 A. It was a lot smaller than this. It was a
2 sink, a toilet, and a tub, so.
3 Q. Where were each of you standing?
4 A. We actually -- on the two different times we
5 actually took turns. Once I was by the sink and he
6 was in the tub. And the other time I was at the tub
7 and he was in the sink, or at the sink.
8 Q. Now, you said you went in there two times.
9 A. Yes.
10 Q. So did you bring him out and bring him back
11 into the bathroom? How did --
12 A. The first time we left the bathroom he went
13 to go back with Aimee because Aimee -- I believe she
14 was packing at the time. And he wanted to be with
15 her.
16 And just to make this clear, I told the
17 family, I told Aimee, and I told Blake no one was
18 being arrested that night.
19 It was that night I found her name on BSO's
20 pawn tracker. So I'm telling her that information
21 that I know you pawned this. I didn't have Blake's
22 name at the time so I couldn't run him or check him
23 on pawn tracker.
24 But the point is it was -- as far as the
25 attitude with me and Aimee and Blake, Blake was being
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1 very nice. Aimee was just not wanting to answer my
2 questions. She was answering her uncle's questions,
3 but she was being a jerk but I didn't care because I
4 wasn't talking to her. She still wasn't giving him
5 anything either, which doesn't matter.
6 But when I -- the reason why I brought him
7 back away from her into the bathroom is because he
8 seemed like he wanted to, I don't know, get it over
9 with, or at least tell me more. So he didn't want to
10 say it in front of her. I get the impression she was
11 mean.
12 So whether I brought him in the bathroom, he
13 asked to speak with me away from her, we got away
14 from her. Went in the bathroom. The door was
15 closed. Faucet was on. And we talked again.
16 Q. And what did he tell you when you brought him
17 in the bathroom?
18 A. I'm going to look at my report if you don't
19 mind because -- okay. I asked Blake post-Miranda
20 about the jewelry, to which he eventually admitted to
21 pawning all the jewelry but not the television.
22 Period.
23 Blake stated the pawn shop workers know him
24 personally so he didn't need a picture ID to pawn the
25 items. Blake so he told me -- can we just keep
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1 going on it --
2 Q. Well, let me ask you something, what were you
3 telling the family? When you're going back and forth
4 between Aimee and Blake, did you tell them what you
5 were finding out or what you were observing between
6 the two of them?
7 A. The only thing I can tell you for sure is I
8 know I told the family no one was being arrested that
9 night. I had no access to the pawn shop. I couldn't
10 get a pawn slip.
11 They could admit to me all day long they
12 stole the Lindbergh baby, but I didn't have any -- I
13 don't have any physical evidence so I can't arrest
14 anybody.
15 The only reason why Blake got arrested is
16 because when we finally ran his name he had two
17 warrants out for his arrest. But even at that point
18 I couldn't arrest him. And I made that very clear to
19 everybody.
20 Because you -- I'm sure you know this, but
21 I'll say it anyway. You have some family members
22 that grrrr, I want them arrested, you know, in the
23 heat of the moment. But then you have like the
24 brother-in-law who's like, you know, I know she stole
25 my television, she admitted it, but I'm going back to
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1 whatever, we're in October, and I don't know if I
2 want to prosecute.
3 So you have a lot of different dynamics going
4 on. So that's why I wanted -- I like to be as clear
5 as possible with people. I'm not -- I don't need to
6 make arrests. It doesn't matter to me. And
7 especially when I don't have to make them.
8 And that type of house with some people not
9 caring, some people caring, I want to make it very
10 clear no one's going to jail tonight. That warrant
11 thing snuck up on me, so unfortunately I had to go
12 back into the house and say, I'm sorry, Blake has to
13 go to jail.
14 Q. Now, let me ask you something. While you
15 were inside the bathroom with Blake, did you ever
16 have any weapons out of any nature?
17 A. I had my taser out at one point. Absolutely.
18 Q. And why did you take your taser out?
19 A. Blake was starting to get upset. And just to
20 put it in perspective, it is a small bathroom. Maybe
21 not have been the best choice to talk to somebody,
22 especially when he's like 6'2" and I'm 5'7" and
23 three-quarters. But I didn't have it on. As far as,
24 you know, I didn't electric charge or nothing. I
25 didn't do that in front of him.
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l I didn't say or -- I took it out because he
2 was starting to get upset, a little antsy if you
3 will. He started crying. The hands were moving. He
4 was looking around as if he wanted to go through me.
5 So I merely took it out and I said look, I'm
6 not going to fight you, I don't want to fight you.
7 And I told him this, and I have no problem saying
8 this to people, you're probably going to beat me up,
9 but that's why we carry a taser.
lO And that was the end of it. I didn't pull
ll out my baton, didn't pull out my spray. I didn't
l2 pull out my gun or anything.
l3 And that was actually at the very end because
l4 that's when Sergeant Coppola came in. So that was
l5 actually the very, very end.
l6 So I don't want you to think like I was
l7 coercing him into a statement or anything, because
lB that was -- everything was already done by then.
l9 Q. Now, how was it that Sergeant Coppola came on
20 scene?
2l A. What do you mean how was it? He came into
22 my
23 Q. Did you call for any back-up? Was he
24 responding to any calls you made to him?
25 A. No.
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Q. Do you know why he just showed up at the
house there?
A. I don't know. I can only guess. I have no
idea why. I didn't ask for back-up. He is a
sergeant. And he was filling in. He wasn't my
regular sergeant. So I'm not really sure. I mean,
he worked in the jail with my brother for plenty of
years, so we have that connection. But other than
that --
Q. Have you ever had any problems working with
Sergeant Coppola or --
A. No. I never really worked with him. He was
mostly in the school. He worked as an SRO for the
years that I've known him. And so I never really
actually -- that was the first time I ever worked
underneath him because he was a newly appointed
sergeant. And again, he was just filling in on my
team.
Q. And what happened when he showed up at the
house, the sergeant?
A. He wanted to know why it was taking so long.
And I explained to him what was going on. He could
see what was going on. And somehow or at some point
we got Blake's name and it was run. I don't know if
that happened before or after Coppola was there.
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1 We may -- you know what, I -- I know you
2 don't want me to guess, and I'm not going to guess.
3 But I'm remembering. I believe I had his name at
4 some point before Coppola showed up. And his.name
5 was run and there was a warrant in the system, but it
6 wasn't confirmed yet. I think that's why we waiting.
7 I think that's why he was getting upset.
8 Because -- in fact, that is what happened. When
9 Coppola came in he wanted to know what was taking so
10 long because he heard the warrant. But as I
11 explained as what we do, we don't arrest people
12 because we hear you have a warrant. We arrest them
13 once we hear it's confirmed.
14 So he didn't want that to happen. He wanted
15 Blake handcuffed, which he wasn't handcuffed yet. So
16 I handcuffed him and brought him out to my car even
17 though the warrant wasn't confirmed yet. So that's
18 what happened right after that.
19 Q. Now, when the sergeant came in, did you have
20 your taser out?
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A. Oh, I don't remember when. I don't -- I
22 can't really -- I know I had it at the end because,
23 I'm tieing it into the warrant. But I don't remember
24 for sure. I'm sorry.
25 Q. Do you recall having any conversations with
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1 the sergeant about the taser, about your use of the
2 taser --
3 A. No.
4 Q. - ~ in the bathroom?
5 A. Oh, no. The only time I say -- I did have a
6 conversation with him in the parking lot where he
7 wanted to tell me about how when I'm arresting a
8 family member, don't be surprised if they take back
9 their want for prosecution and -- first he said I was
10 taking too long on the call. Then I explained to him
11 well, one call turned into two victims which now
12 turned into a warrant.
13 And he said I shouldn't be spending so much
14 time on it because the family members -- some family
15 members take back their prosecution because they have
16 a change of heart or whatever. So me spending so
17 much time on the call really may not add up to
18 anything.
19 That was the conversation we had in the
20 parking lot. And I think Blake was in the back of my
21 car at this time.
22 Q. Did you ever have any conversation with the
23 sergeant about what are you doing, why's your taser
24 out, what's going on in here?
25 A. No. In fact there's -- not that I'm putting
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1 words in your mouth, but if that's the road we're
2 going down, I believe there's video of Sergeant
3 Coppola talking not only to me but to my arrestee,
4 Blake, in the back seat of my car with me and without
5 me, longer without me, when I was telling the family
6 why Blake was being arrested after I said he wasn't
7 going to be.
8 Sergeant Mike -- Sergeant Coppola was talking
9 to my arrestee in the back seat of my car. And they
10 were having a very nice amicable conversation. And I
11 believe Sergeant Coppola said everything else okay,
12 like it was a break in the conversation. And they
13 were talking things about bonding out and how long he
14 has to stay in jail and what the warrants were for.
15 So if -- so Coppola never brought up anything
16 about my taser. And if that's the road we're going
17 down, he never certainly-- he never asked my guy,
18 from what we could tell from the video that Tony has,
19 that Mr. Alfero has.
20 Again, and on top of that, me and Blake had a
21 very nice conversation to the jail. And we had a
22 very good rapport. There was no reason for anything
23 going on as far as I didn't torture him or threaten
24 him or anything. So we had a very nice rapport going
25 to my jail. And then we had a very nice rapport
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1 going to the main jail. And I'm pretty sure my
2 recorder was on that we have video of that, so.
3 Including Coppola talking to my arrestee.
4 Q. Did you ever make a comment when Sergeant
5 Coppola was talking to you saying it seems like
6 you're overly involved, you've spent a lot of time
7 here? Did you ever make a comment to him to the
8 effect that, you know, if you were spending so much
9 time on this, somebody it's going to be worth it,
10 somebody's going to end up going to the hospital?
11 A. No. The reason why I know about that is
12 because I've already read that statement by Sergeant
13 Coppola. So the answer is no.
14 Q. Did you ever make any statements to Sergeant
15 Coppola when he walked into the bathroom to the
16 effect that, you know, you have the taser out and
17 here's how my report's going to read, that he
18 resisted arrest, anything of that nature?
19 A. No, rna' am.
20 Q. Do you recall making any statements to
21 Sergeant Coppola about why you had taken out your
22 taser or why you had Blake in the bathroom?
23 A. No. The only conversation we had in the
24 parking lot outside the home was not to take too long
25 on this type of call. Because -- excuse me. Again,
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l I've read his statement. That's why I'm getting
2 upset, because it's lies.
3 The only conversation we had was me taking
4 too long on the call with family members involving
5 other family members that were offenders. And that
6 this all may amount to nothing. And whatever else he
7 may have said. But that was the only conversation we
8 had in the parking lot.
9 Do you know about the two page Word document
lO that was undated, unsigned, by Sergeant Coppola?
ll Q. I've received an affidavit from Sergeant
l2 Coppola.
l3 A. An affidavit?
l4 Q. Have you reviewed an affidavit?
l5 A. No, ma'am. I reviewed a Word documented that
16 he handed to my Chief which was read to me. Now that
17 I have that I -- from my first, or what we have from
18 the first public records request. It wasn't an
19 affidavit. It was a Word document, unsigned,
20 undated.
21 Q. And
22 A. Which came ten days after the fact.
23 MR. ALFERO: He means a narrative. I
24 don't know what a Word document means, but
25 somebody typed out a couple pages of
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1 documents.
2 THE WITNESS: On Word.
3 MR. ALFERO: Okay. Well, that doesn't
4 really matter. It's just typed. It's typed
5 on paper.
6 BY MS . NEWMAN:
7 Q. Okay. Let me ask the questions.
8 Now, the statement you reviewed by Sergeant
9 Coppola, did you find anything to be inaccurate in
10 the statement you reviewed?
11 A. Yes, ma'am.
12 Q. What did you believe to be inaccurate?
13 A. If you bring it in front of me I will go
14 through it line by line for you.
15 Q. I believe this is what you're referring to?
16 MR. ALFERO: Is that it? Take a look at
17 it and see if that's it.
18 BY MS. NEWMAN:
19 Q. Does that appear to be the narrative you were
20 referring to?
21 A. Because of how serious this is, I'm not going
22 to say -- does it appear? I'm not going to say
23 either way. I'll even say the one that I have at
24 home or that he has is a copy. But does it make
25 false allegations? Absolutely. The whole -- the
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1 meat of this is completely false.
2 Q. Well, what is false in that affidavit? It's
3 a two page affidavit by Dominic Coppola?
4 MR. ALFERO: This isn't an affidavit.
5 It's just a piece of paper.
6 BY MS. NEWMAN:
7 Q. Okay. I have another copy that has
8 affidavit.
9 A. May I ask what the date of that is?
10 Q. October 11, 2010.
11 A. Okay. Talking about the incident that
12 happened on August 15th?
13 Q. Yes.
14 A. The incident was August 15th. When I got
15 this or when he wrote this was August 25th. That now
16 is written or sworn to in October.
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MR. ALFERO: Is that the same thing?
MS. NEWMAN: I believe so.
MR. ALFERO: Well, it wasn't -- it was
signed that day. It was written long before
that.
MS. NEWMAN: I'm just asking you, you
said you received a two page unsworn,
undated narrative by Dominic Coppola. I'm
just asking you is that a copy of the
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affidavit, or the statements you were
referring to?
MR. ALFERO: Don't guess.
BY MS. NEWMAN:
Q. If you're not sure, that's fine. I'm just
asking you, you referred to a two page narrative,
typed that you had reviewed that you thought there
were some allegations that were not true. Does that
appear to be --
A. It does.
-----------
Q. Okay. What I'd like to ask you is what in
that document is inaccurate?
MR. ALFERO: Start with the first line.
Go all the way down.
THE WITNESS: Start with the first line.
Go all the way down.
MR. ALFERO: Go ahead.
BY MS. NEWMAN:
Q. Yes.
A. I'm going to split hairs here because this is
so serious. But when he says I don't respond to a
mobile to mobile message, which is he's referring
to my in-car computer, I wasn't in my car.
He points out that he couldn't contact me via
radio because I was on Channel 2 which I was waiting
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l for a warrant which is what I started remembering and
2 I told you before which is I was waiting for a
3 confirmation which is why Blake wasn't arrested yet.
4 And when he says routine burglary
5 investigation, he is a very articulate and very
6 descriptive person. That's nice for him.
7 Let's go to the more serious stuff. When he
8 says he's quoted me. I was telling -- what you
9 just referred to with the quote starting with officer
lO began, Officer Yacobellis began
ll MR. ALFERO: Which paragraph?
l2 THE WITNESS: One, two, three, the
l3 fourth paragraph down in the middle where
l4 Sergeant Coppola quotes me, which I have a
l5 hard time understanding that he would
l6 remember that this long later. I did not
l7 say that.
lB MR. ALFERO: Say what?
l9 THE WITNESS: I did not say the quote I
20 was telling Mr. Blake how my report was
2l going to read when he resists arrest and I
22 tase him.
23 BY MS. NEWMAN:
24
25
Q. Okay. Is there anything else inaccurate --
A. Yes.
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1 Q. on that narrative.
2 A. If we want to split hairs here, Blake
3 Robinson wasn't speechless. Because that's why I'm
4 telling you we had a good rapport. So he was talking
5 just fine.
6 If you want to call his look scared, I would
7 use a different adjective. But I -- scared not what
8 he looked like.
9 Since we were waiting for the warrant -- and
10 again, I did -- I took my taser out. Didn't turn it
11 on. But there. was a reason why I did that. It's
12 because -- he did not look scared. He looked like he
13 was either going to fight or run.
14 So I believe that's a lie also. He did not
15 look scared. And I certainly didn't think he was
16 scared.
17 It says right here. Okay. Good. It says
18 one of the true parts is that I advised him that
19 Blake had a possible or possible warrants and I'm
20 attempting to confirm. So that at least confirms
21 what I said was true there.
22 When he says-- oh, okay. He's saying that
23 he told me my investigation was concluded. I don't
24 know whether he said that or not, but I -- I don't
25 know what he said.
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He did tell me to handcuff him. I'm glad he
2 remembers me saying yes, sir, sergeant.
3 See, you can understand that I'd be getting
4 upset reading this because I know this is a lie and
5 the allegation here doesn't really -- this is not how
6 I do business and it certainly was not happening.
7 But when someone starts quoting me yes, sir,
8 sergeant, out of the myriad of other things that
9 could have happened, I would hope that someone
10 reading this other than me or my wife would say
11 that's a little exact for something else going on.
12 But okay.
13 I met him by the vehicles. And we didn't
14 talk about making things personal. We talked about
15 the personal nature of when it's -- when a victim is
16 related to the offender.
17 So if he's making this seem like I'm taking
18 it personally, I don't take anything personally. No
19 one's -- unless you're shooting at me. So if that's
20 what he's trying to spin, that's not what we talked
21 about. We talked about the family members.
22 And I certainly didn't say something to the
23 fact of making it worth it by taking someone to the
24 hospital. Again, throughout the entire call no one
25 was being arrested. And certainly I wasn't taking
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1 anyone to the hospital.
2 And again, I'm one of the nine out of ten
3 officers that do not want to spend the rest of my
4 night in the hospital anyway. Not that I need to add
5 that, but there's no reason for anyone to go to the
6 hospital. So that was also a lie.
7 So that means we didn't have the next
8 conversation of -- which means the next sentence is
9 also false which Sergeant Coppola writes, "I again
10 explained that he should not become overly involved
-------------- --------- --------
11 with investigations".
12 The next part is true. I did transport Blake
13 to the station. I don't know if he came into the
14 jail or not. He's saying he observed no issues. I
15 don't know where he was looking. I don't remember
16 him being there.
17 But for someone that was so concerned, he let
18 me transport him to the station and to the main jail.
19 And again, I have, or I believe we have video
20 of my car seat camera that shows Blake talking to my
21 sergeant and to me. He was giving lots of
22 opportunity to say your officer was doing this to me
23 or saying that. Don't seem to happen.
24 Q. Did you have any further contact with Blake
25 after you transported him to the Coconut Creek Police
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Department?
A. Well, then I transported him to the main
jail, yes, ma'am. And my recorder I believe was on
as well. Then we continued to talk.
Q. Now, have you, since this incident, had any
further conversations about it with Sergeant Coppola?
A. No.
Q. Have you discussed this incident, have you
gone back to the family discussing anything?
A. I wanted to, but I did not.
Q. Okay. Why did you want to go back and talk
to the family?
A. I found out about that letter on August 25th,
because I wasn't given it. The Chief, along with
five people sitting in the same room, read portions
of it to me. And he told me Sergeant Coppola did
write it. So I knew about it then.
And my first instinct was to go to the family
and say, you know this didn't happen. They loved me,
so I know they would corroborate what I'm saying.
But knowing where I work and what was going
on as far as the administration that I work for, I
wasn't going to go back to the family and then have
us sitting here one day saying how I tampered with
witnesses. So I didn't go. Because eventually the
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truth is going to come out anyway.
Q. Now, you've mentioned or you referred to the
administration. What type of problem --
A. I'm not going to go into that.
Q. Okay. How long have you had issues with the
administration?
A. I'm not going to go into that.
Q. Okay.
MR. ALFERO: I think we will go into it
after I talk to him about it, because
there's some things I want you to know about
the City.
MS. NEWMAN: Do you want to take a
minute?
MR. ALFERO: Yeah, I do. But we don't
have to take any minutes.
(Whereupon, an off the record discussion was
had.)
THE WITNESS: Okay. Thank you. I
forgot to say that. When I was 10 or 11
days after this incident, so on the 25th or
26th, I was taken out of briefing and
brought to the Chief's office. It was the
Chief, the Deputy Chief, and several other
people in the room.
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He sat me down and he started out.
by saying in no way am I in trouble, in no
'
way is this discipline related, he's
concerned about what he has heard about me
and he just wants to get facts out, that if
he feels necessary, he wants to get me
necessary help.
And he went on to ask me about
this incident. He had said a few times
during that conversation I am not in
trouble, you're not -- you didn't violate
any policies or procedures, you're -- so I
told him about this incident.
He excused me from the room. A
couple minutes later I'm brought back into
the room and he says he's going to go with
his gut and effective immediately he's going
to put me on administrative leave pending a
psych eval.
MR. ALFERO: Fitness for duty eval.
THE WITNESS: Fitness for duty eval.
But again, throughout the entire, starting
and with the second time I went back in, he
said I didn't do anything wrong. I know !
didn't do anything wrong.
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He did bring up Sergeant Coppola's
2 written words. But that's what happened 10
3 days, 10, 11 days later.
4 MR. ALFERO: There was no affidavit page
5 attached to it?
6 THE WITNESS: No. There was no -- it
7 was not signed. It was not dated. And
8 there was no affidavit page assigned. It
9 was just a piece of paper that was typed
10 out.
11 BY MS. NEWMAN:
12 Q. Okay.
13 Now, had you had any problems with the Chief
14 prior to this incident in August when he called you
15 in out of briefing?
16 A. Yes.
17 Q. And what type of issues had you had with the
18 Chief prior to this incident in August, 2011?
19 A. A week before a training position, inside
20 training position was to be filled, I was told not to
21 show up for the interview. I was taken off the
22 Selective Enforcement Team back in December.
23 Q. December of 2010?
24 A. Yes, ma'am. Due to a conflict I was having
25 with my sergeant that when I was explaining the
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1 violation of the law he was doing, the Chief saw fit
2 to get rid of me instead the sergeant.
3 That sergeant now is no longer in that unit.
4 I believe that's what started this whole thing.
5 I complained to my captain who told the Chief
6 or the Deputy Chief anyway. And that was over a two,
7 three month period. My father died in between that,
8 which doesn't make things better.
9 But the point is that I complained about my
10 sergeant and I was the one that was taken out of the
.. ----------- --- -------------------------------
11 unit.
12 Q. And when was that?
13 A. December, 2010 when I was taken out.
14 Q. And who made that decision to take you out?
15 Was that the Chief himself, was that other
16 administrators?
17 A. I had a meeting with my direct sergeant, the
18 one I was complaining about, Sergeant Markland, and
19 he told me him and the Chief met and the Chief said I
20 needed to go because I was causing the problems.
21 Sergeant Markland said he could work with me to
22 correct them.
23 And the Chief -- this is coming from Sergeant
24 Markland, I'm sorry, then Sergeant Markland. The
25 Chief said no and told Sergeant Markland to get me
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1 off the team. And I was not able to grieve that
2 because that's a management right.
3 Q. Had you received any disciplinary reports
4 regarding anything, any problems at work, anything
5 surrounding that incident?
6 A. No, ma'am. I was a very good SET officer.
7 THE WITNESS: Can we talk for a second?
8 (Thereupon, a discussion was held off the
9 record.)
10 THE WITNESS: I apologize for my
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language. I was just listening to Tony for
the past three minutes out there. So some
of the stuff might have carried over.
MS. NEWMAN: I didn't even hear you.
THE WITNESS: Starting in December
MR. ALFERO: The question as we
understood it was why would -- what problems
with the Chief?
MS. NEWMAN: Right.
MR. ALFERO: Okay. Go ahead.
THE WITNESS: Start in December of 2010
is when I was taken off the Selective --
Street Crimes, Selective Enforcement Team,
whatever name they're going by. That was
after I was giving valid complaints against_
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1 Sergeant Markland. He was doing a lot of
2 I don't want to say a lot. He was doing
3 some bad stuff on-duty that me and my
4 partner Noordeloos, Dan Noordeloos, did not
5 agree with.
6 Want me to spell the last name.
7 BY MS. NEWMAN:
8 Q. Please.
9 A. N-0-0-R-D-E-L-0-0-S.
10 Q. Was --
11 A. He was my partner.
12 Q. your partner also removed from the SET
13 Team?
14 A. No. Just I was. I was my partner's voice in
15 our opinions. So that was December, 2010. I was put
16 back on the road on daytime, on day shift. I then
17 got an IA in May.
18 Q. May of 2011?
19 A. May of 2011.
20 MR. ALFERO: From night shift.
21 THE WITNESS: I said I was put on days.
22 Because then he put me on nights.
23 MR. ALFERO: Okay.
24 BY MS. NEWMAN:
25 Q. You said you had a complaint in May of 2011.
I
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1 You were on the day shift.
2 A. Yes. There was an Internal Affairs complaint
3 from a, from the Coconut Creek Parks and Rec director
4 saying that two of, two police officers, me and
5 another officer, were staying too long inside, eating
6 lunch inside one of their community centers.
7 The community center is located in Coconut
8 Creek in my zone that I was patrolling. That was,
9 that was the allegation.
10 The Chief brought us in prior to the IA,
11 because the IA didn't happen for two months. He
12 brought us in when he heard about this through a
13 phone call from the Parks and Rec director, Linda
14 Wiederspan.
15 I don't know what their conversation was, but
16 he quickly brought me and another officer in and
17 proceeded to yell at us, use many profane words, and
18 then ended our conversation with him by saying I'm
19 off SWAT, I'm going to nights, the training officer
20 position that's scheduled for next week, I don't even
21 want to see you in the PD let alone showing up for
22 it, and if you -- and if an IA comes out and you
23 fight me on it, I'm going to do my best to ruin your
24 reputation and get your certification pulled.
25 He said the same thing to her only the only
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thing he did to her was take her off Honor Guard.
Because that's the only thing he could take away from
her. But he did make the same threat to her that he
did to me.
He made sure we understood by pointing to us
and saying do you understand. And that was the end
of the meeting.
Q. Who was the other officer?
A. Leslie Ebberly.
Q. Was she in the meeting with you with the
Chief?
A. Yes. As well as Captain Feisthammel.
Q. I'm sorry, what was the name of the captain?
A. Captain Feisthammel is F-E-I-8-T-H-A-M-M-E-L.
That was in May. The IA didn't come out until two
months later. In which I did fight him on it with
Mr. Alfero. We used their own records against them
and showed them per the CAD notes, which is the
dispatch notes, that -- there were allegations that
we were there two hours, three hours, four hours past
our lunch hour. I had done a report no later than
four minutes past my 10-40, my lunch time. I was
back in my car typing four minutes past. We used the
CAD notes to prove that.
So my punishment then was a written
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1 reprimand. But I'd already received punishment that
2 I couldn't go through Mr. Alfero because I was told
3 that was also management rights. So I couldn't fight
4 what he did immediately.
5 Only when we fought the IA and when we showed
6 them it wasn't anywhere near any kind of hours, it
7 was four minutes at the most, I got a written
8 reprimand. And seeing that I was already on nights
9 and everything else was taken away from me, there was
10 nothing else to do. So that was then. And that was
11 huge.
12 Q. So that was May. When did the IA complaint
13 come in? Did you receive the IA complaint in May?
14 A. No. It was at least a month or two later.
15 Q. June or July of 2011?
16 A. Yes, ma'am.
17 Q. Were there any other incidents involving the
18 Chief or management that occurred in that time-frame,
19 May to August of 2011?
20 A. Concerning this last incident --
21 Q. In August?
22 A. In August. I was put on paid admin leave for
23 this pending a psych.
24
25
MR. ALFERO: Fitness for duty.
THE WITNESS: A fitness for duty. I
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went -- I believe you were told this, that I
was found to be temporarily unfit. At which
time I was told to go to -- or I was
referred to, I didn't have to, but I was
told to and I followed the direction of
going to Dr. John LaPointe in Boca Raton,
L-A-P-0-I-N-T-E, who saw me all of four
sessions and called Dr. Brannon who I went
to for the fitness for duty, called him on
the phone in front of me and said he in no
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way believes Sergeant Coppola, he believes
me, and the best thing to do is to get me
back to work as soon as possible. I
called --
MR. ALFERO: Stop.
Did you follow that? Because the
City made him go to Dr. Brannon to be
evaluated for fitness for duty. Brannon
said he was not fit for duty. So we
exercised our rights under the contract to
have another doctor look at him.
We sent him to an independent
doctor, Dr. LaPointe. Dr. LaPointe called
him and said he's fine, there's nothing
wrong with this guy at all, get him back to
-
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Page 44
work. And then --
THE WITNESS: I was ignored by my Human
Resources Department for the next month and
half.
MR. ALFERO: And they came up with a
rule that said something about he has to go
back to Dr. Brannon again now to be cleared
before he can come back to work after Dr.
LaPointe's already seen him.
THE WITNESS: They said you can't use --
they can't use Dr. LaPointe even though he
runs LEAP, the runs the EAP (sic). They
said you were sent to him by Brannon, he
cleared you and called Brannon, but because
we sent you to Brannon you have to go back
to Brannon.
BY MS . NEWMAN:
Q. Did you go back to Brannon?
A. Well, one of the problems with that was I
couldn't get ahold of my HR Director, Pam Kershaw,
for a month and a half through e-mail, texting, and
phone calls.
MR. ALFERO: They prevented him from
going back. He made the appointments. They
cancelled them.
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THE WITNESS: That's correct.
MR. ALFERO: I wrote a bunch of letters
about that too saying what are you
cancelling them for, you told him to go
back.
They're saying, oh, now we're
going to start this investigation that
you're doing, this investigation you're
doing that Jeannette was doing. Well,
there's an investigation now so we can't
have him go back to Brannon.
I said what does one have to do
with the other one, let him go back, if he's
fit for duty -- if he's not fit for duty
then we know what to do in the meantime.
If he's fit for duty then we can
go ahead and put him back to work as soon as
this investigation is over with.
But to this day they still have
not rescheduled. They've cancelled his
appointments. And like I said, I wrote the
letter. They cancelled his appointments.
Unilaterally they cancelled them.
INVESTIGATOR PAZIENZA: The Chief's
office?
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Page 46
THE WITNESS: The Chief's office did.
Not HR. I got my stuff from the Chief's
office.
MR. ALFERO: They refused to let him go
back to that doctor. So I wrote a couple of
nice letters to them telling them they
couldn't do that. We were going to go ahead
and have Dr. LaPointe do something about it.
Then they started this investigation.
And at this point in time he still
hasn't gone back. And I wrote several more
letters saying schedule him, why won't you
schedule him, he's not on admin leave, let
him go to the doctor so he's ready.
To this day they -- they just
don't. They told me Pam has to make the
decision, not the Chief. I talked to Pam.
She said the Chief has to make the decision.
Chief won't respond. Pam won't respond. So
therefore, there's no appointment at this
point in time.
THE WITNESS: Just to add one more thing
is when I finally got ahold of Pam, the HR
director, I talked to her let's say on
October 18th, she told me go ahead and make
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Page 47
the appointment yourself. Which I've never
heard of doing. I'm making for myself,
okay.
So I called Dr. Brannon. That was
I believe on a Wednesday. He was able to
see me in two days, Friday. Okay. The next
day, so between the one day I had to go see
Dr. Brannon, Lieutenant Leonard shows up at
my house with the State paperwork, which
came from the Chief's saying we cancelled
your fitness for duty, you're now back on
leave. And the first sentence was your
fitness for duty has been cancelled by our
office. And it went on from there and
included your paperwork.
But it was just way too
coincidental that I finally got ahold of
somebody after a month and a half who was
supposed to go review it. She said, no, go
do it yourself. And then when I do it
myself it now gets cancelled.
When I called up Dr. Brannon,
which I did call him up, he had no idea it
was cancelled. He said no one called him,
he has no idea, he was expecting me that
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Page 48
1 Friday in his West Palm office.
2 BY MS . NEWMAN:
3 Q. So did you ever follow up with Dr. Brannon --
4 A. No.
5 Q. -- a second time?
6 A. No, ma'am.
7 MR. ALFERO: City wouldn't let him.
8 BY MS. NEWMAN:
9 Q. Are you willing to release the fitness
10 evaluation that was done by Dr. LaPointe?
11 A. I don't know.
12 MR. ALFERO: I don't know. I haven't
13 made the decision yet. I haven't talked to
14 Dr. LaPointe.
15 THE WITNESS: What would that do for you
16 or me? I'm just wondering. I'm speaking
17 plainly here because what would that do?
18 Why would I want would release it?
19 I'm sorry for being -- I'm not
20 trying to be rude but I'm being blunt
21 because why would I want to release it?
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MS. NEWMAN: I'm just asking if there
was a report done. You said you were
cleared for fitness evaluation by Dr.
LaPointe. I'm just asking if you'd be
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Page 49
willing to release that.
MR. ALFERO: I don't know.
MS. NEWMAN: You can talk to your
attorney and he can let me know.
THE WITNESS: Let him make the decision.
MR. ALFERO: We'll let her know.
THE WITNESS: Okay.
MR. ALFERO: Do you want it for the
contact or you want to know if it was done?
Because Dr. LaPointe can give you a letter
that it was done and he was cleared if that
would be sufficient as opposed to the actual
contents of it. Because it --
MS. NEWMAN:. Obviously I'm an attorney
so I'm going to ask for everything.
MR. ALFERO: You want it all.
MS. NEWMAN: Of course. But anything
you'd like to share with the State
Attorney's Office, just let me know.
MR. ALFERO: Oh, and also, they also
I had sent them another letter because they
also sent copies of his fitness for duty
evaluation from Dr. Brannon to like 14
people. It says carbon copy 14 people who
work there at the city on the bottom, right?
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Page 50
THE WITNESS: Yeah, including
MR. ALFERO: Which were HIPAA
violations.
THE WITNESS: A detective and crime
analyst.
But one thing more I wanted to add
as far as you asking me why would there be
this thing going on between administration.
One of the things that I will tell you is
one my friends, he is a friend to me,
Sergeant Carlson, who rubber stamped the
report if you will, not this one but the
chase one, June 16th, he was in the meeting
with Dr. Brannon when he went to go visit my
department afterwards after he spoke with
me. He met with the Chief, the Deputy
Chief, Sergeant Coppola, Sergeant Harrison,
and Sergeant Carlson.
MS. NEWMAN: Wait. Back up a minute.
After Dr. Brannon met with you then he met
with the department?
THE WITNESS: Yes.
INVESTIGATOR PAZIENZA: Was he
conducting interviews with them to find out
about you?
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Page 51
l, THE WITNESS: Yes, he was. But in the
2 beginning he started off by telling them
3 what I told Dr. Brannon about them.
4 So if you wanted to have a grudge
5 against me if I don't like you and I think
6 your hair needs to be brushed, Dr. Brannon
7 told you that, a week later, that James
8 doesn't really care for you.
9 Your hair doesn't need to be
lO brushed by the way.
ll My point is that he literally,
l2 from what Sergeant Carlson said, told the
l3 Chief and Deputy Chief, hey, this guy
l4 doesn't really care for you and here's why.
l5 And then after he excused the
l6 sergeants he had another meeting just with
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the Chief and Deputy Chief. So you can
understand why -- hopefully you can
understand that --
INVESTIGATOR PAZIENZA: How do you know
that?
THE WITNESS: Sergeant Carlson who was
in the meeting called me up that night and
told me.
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1 BY MS. NEWMAN:
2 Q. Have you -- strike that.
3 Sergeant Carlson was one of your regular
4 night sergeants when you were on the night shift?
5 A. Yes.
6 Q. Okay. Sergeant Coppola, had he been your
7 sergeant on a regular basis?
8 A. No. No.
9 Q. Was this the only time he was the sergeant on
10 your shift?
11 A. Yes.
12 Q. Is there anything else about the August
13 incident or any incidents you've had with the
14 administration at your police department that I
15 haven't covered with you here today that you want to
16 make sure I know about?
17 MR. ALFERO: Can I ask you a question --
18 MS. NEWMAN: Sure.
19 MR. ALFERO: -- like did I in my letter?
20 What are the allegations against him? I
21 mean, it's falsification of documents. But
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I mean, we haven't seen anything that's
allegedly falsified unless you're saying
some of these are falsified.
I mean, I want him to be able to
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Page 53
explain everything. That's why I brought
him here. But we don't know what
falsification has to do with these reports
or with the first incident. So if you want
to tell us, then he might say oh, by the way
this, you know. If we know what the
allegations are.
In very general terms we know or
very vague terms we know falsification, but
that could mean anything. So there are no
oral statements that are inconsistent with
these.
The reports, unless somebody's got
some other reports, you know. We don't know
what the allegations are. So he wants to be
able to tell you. He wants to be able to
answer your questions. That's why he came.
And-- but we don't know exactly
what he allegedly did. If you said well, he
made this line up or he lied about the
person's name, if you tell us what the
allegations are he'll explain them.
If you don't want to tell us, you
don't have to. But we're trying to answer
the questions, so --
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MS. NEWMAN: I think you have. I think
you have.
MR. ALFERO: All right.
4 BY MS. NEWMAN:
5 Q. You look like you wanted to say something.
6 A. Well, I feel like crying, and I'll do that
7 afterwards. But this has been a very long year for
8 me. I don't -- I love my job and I'm a pretty honest
9 cop. So for this to happen is a very big shock to
10 me.
11 And I know you're not going to tell me now,
12 but I'd appreciate if this was concluded soon because
13 I've just wanted to go back to work for the past
14 year. I'm not one to enjoy being paid to stay home.
15 Thank you.
16 Q. I do have to ask you one question, and I
17 don't know that it's related to any of this. You've
18 had a pocket watch that you've had open for part of
19 the time. Is there any significance to that?
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MR. ALFERO: Do you have the answers in
there?
THE WITNESS: No.
MR. ALFERO: I asked him myself. I
asked him myself.
THE WITNESS: I play poker a lot. And
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Page 55
it's a mechanical movement. And I like the
way it sounds and the way it turns. I just
-- when I play poker it makes me concentrate
more believe it or not. So it's not even
good luck because I haven't been doing very
well at poker.
So it's just the mechanical
movement I think is pretty cool. That's
all.
MS. NEWMAN: Okay. We're off.
(Thereupon, the statement was concluded at
3: 18 p.m. )
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Page 56
THE STATE OF FLORIDA,
COUNTY OF BROWARD.
I, the undersigned authority, certify that
OFFICER JAMES YACOBELLIS personally appeared before
me on the 21st of August, 2012 and was duly sworn.
WITNESS my hand and official seal this 4th
day of September, 2012.
RepJtte)r-
Notary
JENNIFER A. S. DRURY
MY COMMISSION #: EE215229
EXPIRES: NOVEMBER 5, 2013
Bonded Thru Notary Public Underwriters
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