Q. Sir, by whom are you employed?
A. Department of Sanitation.
Q. In what capacity are you employed by the
Department of Sanitation?
A. Sanitation worker.
Q. On December 30, 1998, by whom were you
employed?
A. Department of Sanitation.
Q. On December 30, 1998, in what capacity were
you working for the Department of Sanitation?
A. Sanitation police officer.
Q. How long had you been a sanitation police
officer?
A. Two years.
Q. When did you cease being a sanitation police
officer?
A. July 1st.
Q. You mean Monday?
A. Yes.
Q. For what reason did you cease being a
sanitation police officer?
A. Budget cuts and layoffs.
Q. As a sanitation police officer, before you
were laid off, what were your responsibilities?
A. Enforce all the environmental sanitation
provisions and administratino codes for the Sanitation
Department.
Q. What was your authority as a sanitation
police officer?
A. Twenty-four hour peace officer in the state.
Q. How was your authority different from a
police officer for the Police Department?
A. We are only authorized to make arrests when
we are on duty and paid.
Q. On December 30, 1998, did you work?
A. Yes, I did.
Q. What hours did you work on that day?
A. 12 to 8 p.m.
Q. Is that 12:00 noon?
A. Yes.
Q. At what day of the week was December 30,
1998?
A. A Sunday.
Q. What was your responsibility for your work on
December 30, 1998?
A. Assigned to D&E sector. We were assigned to
patrol for illegal dumping and enforce all the codes for
the Sanitation Department.
Q. Now, you are saying "we." Did you have a
partner on that day?
A. Yes, I did.
Q. Who was your partner?
A. Louis Ellington.
Q. Now, were you in uniform on that day?
A. No, plain clothes.
Q. And you said you were on patrol?
A. Yes.
Q. What were you patrolling in?
A. Red GMC Jimmy.
Q. Is that a truck?
A. Yes, unmarked vehicle.
Q. Is that the normal car that you used to
patrol in?
A. Yes, it is.
Q. At approximately 3:00 p.m. on December 30,
1998, do you remember where you were?
A. Yes, I do.
Q. Where were you?
A. Marlboro Street and Remington Avenue in
Malden.
Q. Now, what type of area is this?
A. An industrial area, railroad tracks, all
buildings, warehouses, desolate area.
Q. Now, when you were there at 3 p.m. on
December 30, 1998, what if anything did you notice near
Marlboro Street?
A. There was a car parked on the sidewalk.
Q. What kind of car was it?
A. A '93 tan Buick.
Q. When you say it was parked on the sidewalk,
how was it parked on the sidewalk?
A. All four wheels on the vehicle were on the
sidewalk.
Q. Did you see anything else in that area at
that time?
A. No.
Q. Where were you when you first saw the car?
A. We were driving past them in the opposite
direction in which they were facing.
Q. Who was driving the car that you were in?
A. My partner was driving the vehicle.
Q. And where were you in the car?
A. I was the reporter, sitting in the passenger
seat.
Q. Front passenger seat?
A. Yes.
Q. Now, when you first saw the car, you were
going in the opposite direction?
A. Correct.
Q. What did you do after you first, after you
noticed the car parked on the sidewalk, what did you do?
A. We went around the block and we parked
approximately a hundred feet behind them.
Q. Were you on the same side or the opposite
side?
A. Same side of the street.
Q. And why did you park behind the car?
A. To see if they were going to do anything
there.
Q. I am sorry?
A. To see if they were going to do anything.
It's a known dumping area.
Q. Now, you said that you were one hundred feet
behind them?
A. Yes, that is correct.
Q. What did you do when you were behind them?
A. I observed them through binoculars observing
the vehicle.
Q. Do you normally carry binoculars?
A. Yes, all the time.
Q. Did you use them in your position as a
sanitation police officer?
A. Yes, we did.
Q. Did your partner have binoculars?
A. No, he did not.
Q. Now, how long did you watch them through the
binoculars?
A. Three to five minutes.
Q. You said that the car was parked up on the
sidewalk. How high was the sidewalk?
A. It is a ten to twelve foot sidewalk over
there, I would say.
Q. And you were watching them for the three or
four minutes. What if anything did you see happen?
A. A beer can was thrown from the passenger side
front window of the vehicle on to the sidewalk.
Q. And through your binoculars, could you tell
what exactly had been thrown?
A. Yes, I could.
Q. Could you see who had thrown the beer can?
A. No, I could not.
Q. How many beer cans were thrown?
A. One.
Q. What did you do after you saw the beer can
thrown?
A. We approached the vehicle, identified
ourselves as police officers and asked for identification.
Q. When the beer can was thrown, what did the
beer can hit?
A. The sidewalk.
Q. There wasn't a garbage can?
A. No, ma'am.
Q. You said you approached and you were with
your partner?
A. Yes.
Q. On which side did you approach?
A. I approached on the passenger side.
Q. Where was your partner?
A. On the driver's side.
Q. When you approached the car, where were you
exactly in relationship to the length of the car?
A. Approximately six inches away from the
vehicle, right up to the passenger's window.
Q. Is that the window that you saw the beer can
come from?
A. Yes.