Case: 1:04-cv-04992 Document 50-6 Filed: 12/03/09 Page 1 of 136 PageID #:802 Exhibit 4 Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 2 of 136 PageID #:803 OF LESHURN HUNT AFFIDAVIT Leshurn Hunt being best of sworn do duly state on oath the following that are true facts to the my knowledge Li 1. was born on 2. understand Solache and People and that 12440-03 given me this am 3. anything connection with this reference describes correct 28 my 15 of counsel and The to the best have made letter of my Prior to 6. and for initialed 1986. arrest on February 5. be filed statement reviewed the on February assistance being the case for prepared Leon Reyes Cook County Nos. 98 may this is of in my own this making court in those free statement. 12440 v. Gabriel CR and 98 cases. will. No CR of People No one has offered promised one has threatened me in statement. Standards Guevara De exchange have 4. this affidavit affidavit making in that Arturo v. 1962. letter The letter which and interrogation 1983. During was beaten. this reflects accurately Hudson sent to Eugene is attached by several what occurred the Office and incorporated police was interrogation at and officers of Professional herein including denied food water my statements by Reynaldo and the are true and knowledge. signing this two-page any necessary affidavit corrections Leshurn Hunt to have read and this affidavit. initialed each page and or Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 3 of 136 PageID #:804 SUBSCRjBED this..7day AND SWORN TO BEFORE ME 2008. Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 4 of 136 PageID #:805 Stateville Correctional Box 112 Joliet Illinois 60434 February 2-8. 1986 Mr. Eugene Hudson Investigator 69 of Professional Office Standards City of Chicago/Department of Police 1121 South State Street IlLinois 60605 Chicago Dear Mr. Hudson In respcnse to your letter of December Case No. CR 145129 am writing this letter treatment by several Chicago police officers in February interrogation 1983. 20 to 1985 regarding on my and my arrest elaborate during At about 500 a.m. on February 15 1983 was awakened at my apartment.at 3437 North Danien Avenue in Chicago Illinois. saw some people at the back door talking. to Richard my roommate Crawford. My brother Rodney Hunt was also there. Spanish officer whom believe is Reynaldo Guevara was holding him. The next thing knew two police officers me hand. cuffed me and dragged me in my underwear onto grabbed the back porch. At my and Richards request they brought me back into the house and let me dress. As theybrought me back outside three or four other officers started to search our apartment. When Richard asked them if they had search warrant they told him to shut up. Although was taken away before the officers finished searching Richard later told me they tore up our apartment. The same two officers who had grabbed me drove me to the station. police While was sitting handcuffed in the back seat one officer whom believe to be Daniel Noon punched me three times in thestomach. asked him to stop He then slapped me across the face and called me woman. At the police station whose name am unsure of he jammed briefcase into could blow my head at 5555 West Grand Avenue the driver the door for me. opened As got out my stomach and told me to run so he off. Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 5 of 136 PageID #:806 Mr. Eugene February Page Two Hudson 1986 to an interview room where Officer Noon was then taken was interrogated me. Altogether and the driver questioned food water or sleep was not allowed about 22 hours by police. to waisthigh ring handcuffed was usually during that time. to sit on. allowed chair and not was on the wall In the first interview court date had Kurz as was My request Bentivenga. throughout my see my lawyer asked to room that day before denied as were call my lawyer Judge Vincent all my requests Jerry to interrogation. my interro read my Miranda rights throughout was never and reading murder me about The officers kept asking gation. involved. that was of brother saying Rodney the statement my would yell and then The officers knowledge. any kept denying curse at me. At stooped one down After Noon punched Officer told him to stop. point and was this room where interview two officers drove me me in the then taken to the lockup for about left alone was test. lie detector to stomach. back to the Then an hour. to be Detectives believe whom two new officers several hours. for me and Nick Gaudio questioned Allen Jaglowski and brothers statement kept They too kept reading my and asking for my lawyer. denying involvment Afterward was put in lineup. 700 p.m. believe At about identif was not led but the detectives off icØr told me black was. told me that At some point He told me Rodney. him up to it. Then his open hands and to talk with my brother was allowed the police had put to confess suggested me on my face with Officer Guevara slapped was taken away. Gaudio and Jaglowski. interrogated by Detectives again hit me Detective Jaglowski At points in these interrogations back and head wall against several times slamming my chair punching me in the stomach with his attacking me with and kicking me in my leg and groin. fist and flashlight was Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 6 of 136 PageID #:807 Hudson Mr. Eugene February Page Three 1986 Finally with me. the after detectives was fŁd at threats some further and gave statement this to agreed which they go along prepared for time. doctor at Cermak After my arraignment was checked by and told him about Health Servibes. beating injuries. my Jail. into Cook County After he treated was put me After my of my beatings suppressed my armed robbery ing 38year introduced evidence defender John McNamara public Vincent and denial of counsel Bentivenga Judge of 1984. was convicted statements on January and murder later that year and am currently serv Correctional Center. sentence at Stateville and Guevara and sued Officers Noon On February 14 1985 under Sect. 1983 for my treatment Detective during my Jaglowski arrest and nterrogation. That suit is still pending my is John S. Elson of the Northwestern University Legal attorney Illinois 60611 Clinic 357 EEast Chicago Avenue Chicago 9088576. telephone 312 Sincerely Leshurn Hunt 2562 N4 Case: 1:04-cv-04992 Document 50-6 Filed: 12/03/09 Page 7 of 136 PageID #:808 Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 8 of 136 PageID #:809 I.. 69 rJ MR. FELDMAN THE COURT Leshurn witness as testified last will name full A. 11 Hunt 12 Q. was examined and EXAMINATION state you your full name and Hunt. last name spell your 13 have 14 everyone 15 Q. Yes 16 Q. How old 17 A. Im 25. 18 Q. You are 19 A. Yes 20 Q. And 21 interrogation 22 correct 23 A. Yes 24 Q. Let 25 background. is Leshurn My is spelled Hunt. Now to sworn duly please. 10 My stand. MR. Leshurn name the HUNT herein DIRECT Q. take follows as BY will Hunt. Mr. LESHURN called Hunt this Leshurn ask to you hear can speak is at big least courtroom as loud so Im as Im going speaking to so you. sir. are you Leshurn the plaintiff sir you this lawsuit is the subject February 15th of and an arrest and 16th 1983 is sir. me ask that am. were on in you few questions about your an that right Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 9 of 136 PageID #:810 Where were A. was born in Q. Where were you A. was Did Q. A. Yes Q. Were A. Yes Q. When raised you to Chicago. school in in the military service you in the military service and what was it state but it go Chicago did. ever you was. were 11 A. 12 in 13 Q. And 14 A. National Guard. 15 Q. How were 16 A. 17 Q. 18 duty 19 A. That 20 Q. Where 21 A. as 22 Q. And 23 A. When 24 Maryland. 25 Q. cant specifically what long in that was the in you reserve service were National the in you Guard of continuous duty or reserve stationed you my was duty. Fort at did your did year months. months stationed you of there six were when After branch six what type 1980. possibly was Was raised in military service or Illinois. Chicago 10 1979 born you Knox service last completed Kentu ky. end AlT which was your service in with Aberdeen the National of back Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 10 of 136 PageID #:811 71 Guard did A. Yes Q. What and did jobs was What Q. A. And 10 2719 did for you and 14 speak all the Your Were COURT jurors up right THE 16 BY MR. have the Potomac Holsum Rosens for Bread Bakery lawyer. what Company trouble everybody to able be to ask the hearing Hunt Yes witness back at all those hear you so to here. tables try to your Honor. FELDMAN Q. The second 18 duties there 19 A. Which 20 Q. You 21 was 22 A. The 23 Q. Rosens Bakery 24 there 25 A. one stated bread that job you stated just Holsum Bread mentioned to what were your you and believe the second company. other one the Honor could you okay 17 was Company West having Mr. WITNESS 15 another Bread mentioned up. THE 13 your duties your RYAN speak 12 do you arrest until janitor there. MR. please Holsum janitor at was Q. hold you at job were generally jobs any did. held A. ii have you was at Rosens Bakery. excuse me. janitor there too. What were your duties one Case: 1:04-cv-04992 Document-__ #: 50-6______Filed: 12/03/09 Page 11 of 136 --__ PageID #:812 72 And Q. the third job said you you were for working lawyer Right. A. caretaker So Q. these janitor for was of his he wasnt like more was buildings. practicing doing lawyer but he had have no knowledge are lawyers him. estate real what say that worked you in No A. sir of law the not that much. had that 10 Q. He 11 A. Yes. 12 Q. In 13 A. 14 Q. Is 15 A. Thats 16 Q. Who 17 A. With my roommate. 18 Q. What is your roommates 19 A. Richard 20 Q. How 21 Richard 22 A. 23 days 24 Q. Thirty 25 A. Back.in buildings February of living at was that were 3437 were you North living Damen. Chicago in in where 1983 in worked you Chicago yes. living with you at 3437 North Damen name Crawford. long had you lived off and there at 3437 North Darnen with Crawford Well it straight was at the days the on. stayed there about thirty most. straight month of when January or February somewhere in Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 12 of 136 PageID #:813 73 there. Q. 1983 A. 1983. Q. Did already No Q. Lets two moved we of A. No 11 Q. Do you 12 A. We went 13 Q. So take 14 A. Yes sir. 15 Q. Was 16 A. Yes 17 Q. Who 18 A. Sir 19 both 20 Q. 21 apartment 22 A. Yes 23 Q. Whose 24 A. It 25 Q. Was Crawford Mr. or was he in together. at 3437 remember 10 moved you little bit had you with together in talk you Do in there when living A. the move you about North how the living arrangement Damen. much the was rent sir. remember half who on the rent everything. youre saying you it furniture in that paid half the rent apartment there were. contributed Let half and. there any did. paid we what the bought We both me ask furniture furniture. to Who was my there apartment contributed did. this you Was there there was. bed the was it bed. sofa in the apartment bed in the We __ __________ Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 13 of 136___ PageID #:814 A. Yes Q. Who A. We Q. What owned went A. It Q. Where A. My clothes Q. half of of bed was were in half sofa was on it. it was it regular sofa or sofa. your clothes had was the take So and pullout clothes also sofa the kind kind pullout 10 there was. it clothes and upstairs had basement. youre your clothes saying were in the apartment 12 A. Right. 13 Q. How 14 A. 15 Q. What 16 A. Kitchen 17 bedroom. 18 Q. How 19 A. This 20 and 21 Q. And 22 living in 23 A. The 24 Q. Where 25 A. believe were many it was the four. four rooms living room and floors did this building apartment were in this rooms many had three dining building no it room and one have had two flats to basement. what floor was this apartment on that you were first floor. did you slept mainly normally sleep in the in this living room. apartment it Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 14 of 136 PageID #:815 Q. On what A. On the Q. And A. He sleep 10 sofa. where was out in sleeping the in the the At have girlfriend A. Yes did. Q. Whats her A. Lillian Q. How time of your arrest sometimes he would too. in February did 1983 you name had you known 12 1983 13 A. 14 up. 15 Q. 16 1983 were you with someone 17 A. What 18 Q. The 19 1983. 20 A. Yes. 21 Q. In 22 A. Yes 23 Q. Who 24 A. was with Lillian. 25 Q. Where were you known the day Lillian night was that evening Lillian since before before night the times and Garcia. long Now bedroom living room at Q. had sleep did Richard you that excuse you were were you the were you February 76 maybe arrested to February on 14 me arrested with with that 70s in evening were. were Garcia evening February someone that 14 evening Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 15 of 136 PageID #:816 76 That A. was evening was the in apartment that evening. When Q. apartment did with Lillian were you have you any that bruise or in evening injury of the any kind on your forehead A. No sir. Q. Did you A. No sir. 10 Q. On 11 A. No 12 Q. On 13 A. No 14 Q. Anywhere 15 A. No. 16 Q. When 17 A. 18 riot 19 Q. 20 early. 21 A. 22 had 23 Q. When 24 A. It was on 25 16th Im not too have bruises or any injury of any kind on your back your leg sir. your collarbone sir. on did you believe too body your to go went that sleep to sleep night somewhere nine but Im at sure. did you Why Because court to go wanted date was sleep to scheduled that court the sure. at nine Thats kind be prepared foriny court in front of Judge of date. Bentivenga. date believe it was on the 15th or the Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 16 of 136 PageID #:817 Did Q. have you attorney an that for you date court A. Yes Q. What A. His name Q. Did you have wanted to call him A. Yes Q. How 10 A. During 11 talked 12 and 13 them. 14 Q. 15 apartment 16 A. 17 Q. 18 happened in 19 February 15th 1983. Lets start with did. that is Jerry any you ring it in 14 at some phone 22 A. Yes it 23 Q. Were you 24 time 25 A. if Kurz. if Jerry Kurz that did pocket my lets point to interviewed he card you wanted you there and on 1983 middle of the him time number Leshurn 21 The contact little small me February had contact first the gave Now to way from Hall Kurz B. you did. telephone On name attorneys was could he his 20 representing with he have his and we address on me me gave that him call couple card in of your yes. talk about two phone calls that the night early morning hours the first phone in it the middle of call. Did the night phone rang of the did. first asleep or awake time sir when was the half asleep. the first Case: 1:04-cv-04992 Document __-________ #: 50-6 Filed: 12/03/09 Page 17 of 136___ PageID #:818 78 Q. Do you know A. It was in time exact oclock or but answered first time it it was that the cant somewhere. estimate time for rang phone give five like you an you like that. the phone was Richard Crawford answered the phone yes. Did you A. No sir. Q. What 12 A. After 13 call. 14 Q. 15 did 16 A. Run 17 Q. After 18 before the 19 A. 20 at. 21 Q. 22 call 23 A. It 24 Q. Who answered 25 A. The second Q. time morning can believe A. the the something Who Q. what on speak the first time that phone at any point 10 I. Now you after that happened first phone the between in the first call first we and phone call received second second call phone phone what do that the second laid How through my end of phone head long after me again. the first call call what did you do came down and right back the phone first about did stayed the where second was phone come was something the like phone time it was couple the of second Richard minutes or so. time Crawford my roommate. ___ ___ Case: 1:04-cv-04992 Document #:__ 50-6 Filed: 12/03/09 Page 18 of 136 PageID #:819 -1 Q. Did A. Yes Q. Did phone on speak you did the on speak who recognize you the time this phone phone. at was other end the of the line A. Yes .Q. Who did. was on of line the brother. A. My Q. What A. I-us 10 Q. What 11 this 12 A. 13 Leshurn 14 he 15 said Man 16 And hung 17 the 18 Q. When 19 A. It 20 Q. Had he 21 before 22 A. No sir. 23 Q. Now 24 some 25 A. name your brothers is name Rod is did you Hunt. Rod to say and what did Rod to say you in call phone Well of told no Lemay. Yes on me called he at on him phone the conversation. the at up called some point officers .they did. come you in after to thats had the that was seen months in he my and oclock that me told Kedzie and of couple he Lemay five time you last awhile ever and man the was brother my Armitage crazy you was police me Rod said Meet end other end the said nickname told the it. him morning That was Rod or so. middle of second your apartment the phone night call did Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 19 of 136 PageID #:820 80 How Q. officers would was It Q. Were you was in Q. Kind A. Right Q. Where A. On 10 Q. From 11 that 12 A. Yes you 13 Q. What is 14 came 15 A. 16 noise little 17 Q. Where 18 A. It 19 Q. What 20 A. 21 and 22 force at 23 Q. Did 24 A. Yes 25 you of call phone did police half you to few when minutes or so. caine they sir. asleep was what that is youre saying asleep. asleep half sofa. the can sofa you that in see sound first like the know you tumbling that coming from the heard struggle you like you noise on the back like police some little know. you from coming after the know when heard like door the tumbling like like you know back you hear heard you first hear did youre lying kitchen the did you was if apartment can. the heard the awake or between were close say asleep half the sofa know. second arrive A. A. after that soon people somebody was kitchen. noise talking like real putting loud up door. hear any heard voices Richard that you recognized Crawford he was like shouting -_-----.--..-... Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 20 of 136 PageID #:821 Q. What A. He whats up search warrant kind of Richard was said What You want You know. Q. Did you A. Yeah Q. What A. 11 heard 12 the 13 way 14 something 15 Q. Did 16 A. Yes 17 Q. How 18 time 19 A. 20 Richard 21 people 22 Richard 23 Guevara 24 Q. 25 many and like you he sir Well at how in was could he was one came did in right out see all saying just What you his way the you but was it said Get he hell out too the or know came into the apartment clear. into the my that seen come apartment could you like like okay then take front trying to see you the Get officers came see got saying sure who for you very could you many many was besides said first time and How he and seen you he You know Hey voices. said Before the Crawford and like officers many not want you know you voices said Get he that see He those Im someone know that. officers hear he you other voices the do here asking like any you know you out This said someone you sir heard heard 10 in them what want you come hear did do cant to things saying Crawford Spanish the that like okay like you know brother four in see at in front of guy right altogether door block right there four. then How Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 21 of 136 PageID #:822 82 Li A. Like Q. Do A. YesIdo. Q. You you three. have Q. Will A. Officer you Noon identification 13 with the 15 BY Q. A. Do Will 20 A. Right 23 24 25 MC MR. Officer to the is Noon if Who see you right there in guy record the May else did reflect him. blue the an Noon Officer Not the one Do you CARTFIY red tie the with the want to stand up Officer officer in court who came one MR. FELDMAN see the Officer seen Q. 22 Guevara. Mr. tie. you 19 21 mentioned Noon. 16 17 of blue MR. 14 today Noon. WITNESS THE 12 point FELDMAN MR. 10 court in already Officer seen A. them in come see see you you point there in FELDMAN other in Guevara. to Officer the brown May the Guevara jacket record please. light reflect brown suitcoat. an identification THE WITNESS right there. BY.MR. FELDMAN And seen Officer Kaupert which is Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 22 of 136 PageID #:823 83 Now Q. come Officer did Kaupert he in come then did he or later in A. No he Q. Was there another came later in on later. officer who then came in with these pardon me officers Those A. Excuse 10 my mistake. It was where Was Q. he there but which seen one of was the first came in. the remember. one officer he him did see not is was it four. dont here. know too. three who first came in who one or later 12 came 13 A. 14 one 15 Q. 16 the 17 A. Yes he 18 Q. What happened 19 A. Well 20 of 21 towards 22 Q. And 23 A. They 24 Rodney 25 Sear. in He that What asked no who came Richard to my where was put they Officer came after they pushed what Guevara was was Weingart first the one of in was. after they way Officer whether was first three officers like is can officer one is Weingart at is three only me sir There Officer he the are happened my Thats what they side at when said which in the in to which they front one is said said through get was came of door door and through the the brother came on to me Sear Which the they They one came they sofa. you on and sort they the said called is sofa me Sear And Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 23 of 136 PageID #:824 he said That the police that one like there right and that and said he immediately they its Lemay me grabbed up time. Q. What A. As soon behind my back. Q. What happened did they They -- as do with grabbed they when you me after they up they put up you handcuffs the handcuffs the put grabbed they behind your back A. 10 the Q. at back they me dragged to the out on porch. What arrested after that were at wearing you time the the officers you At that 13 A. 14 shorts but 15 Q. 16 A. Were time they you had was didnt have anything nothing shorts of more longjohns wearing were pair on like on my your top on you they were know. top no. barechested 50u 19 Q. Did you 20 A. No sir. 21 Q. Did you 22 you 23 A. No. 24 Q. Now 25 light or just feet have anything on your have anything on other than those longjohns said you dark said they outside on took that you on porch to the porch. Was it Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 24 of 136 PageID #:825 85 It A. still dark What A. It Q. Did some get the was was frigy very you It was just there out but it was did you 10 A. You 11 clothes 12 on doing 13 it for 14 apartment 15 sleeping 16 had 17 to 18 the clothes 19 and they 20 was it. 21 Q. 22 later on when 23 thinking and feeling 24 MR. MC 25 MR. DAVY let me at there and me the they you know grabbed anything CARTHY that began was on some they just kept about thought like into the where was right there was boots the the scheduled threw the stuff on apartment it to go there me and and then porch what were time Objection your Objection. like put Get dressed you know put into you and because the me right back that like came dragged at me know you officers they when of me dragged clothes told on sort the just just uncuffed When said Let they they thats snatched court and they say porch the on clothes like then then clothes officers the them. some put they and and out accidentally then awhile to did say What on like there. or were you Q. know out anything say said something my like. daylight temperature porch while the dark was like. Q. A. -. it trying to beginning on like was Honor. that you Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 25 of 136 PageID #:826 86 IJ artfully THE COURT MR. FELDMAN Judge THE COURT think were these do it can you officers A. Yes they were. Q. What were they 10 A. They had 11 Q. What kind 12 A. Little 13 Q. Which 14 A. damages. little more who into caine the apartment 15 and 16 Q.. What 17 A. He had 18 trying to bring 19 side. You 20 Q. What 21 A. Noon 22 but 23 Q. 24 weapon 25 A. Officer weapons. of was What had the side see away his the weapon his door had he when he was it right on his like brother my it. Noon doing he of Weingart first. weapon with Officer and handgun his doing him through about put handguns seen Guevara when it put had Guevara it on have they like. Officer Noon could did weapons handguns was with armed officers seen He to armed they he goes FELDMAN MR. Leshurn Q. this that. than BY Sustained. came with toward because Weingart away his too. he had what me to was weapon he had help he his me doing weapon get Out dressed. with his Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 26 of 136 PageID #:827 87 At Q. on -3 did point any of any officers the their weapon use Richard Richard A. side of dress got you back out they drug me out to take 11 Q. 12 porch 13 A. Yes seen 14 Q. Do you see 15 courtroom who came 16 A. 17 which 18 Kaupert. 19 Q. At 20 A. Officer 21 came 22 bringing 23 first and 24 he 25 Q. that At did you see see Officer what the at inc to What same somewhere side go far too the by guess. after next happened you the were being officers of those officers in then when inc they taken out on the in today the then officers did Officer he came last moment thats when after they the see at he Noon and Kaupert in the last. in. to at Weingart Like He take Kaupert when was me doing and no on out in Officer first in come Officer with came proceeded way identified that Officer Guevara all dragging right car squad few same did you and quite any was they me drag other officers Kaupert come way to began they first okay when you any point out then to me point the the there at proceeded began what dressed got porch 10 in the wouldntt he dressed after the on is where got to gunpoint ed Well A. at bedroom his After Q. was then he they the he was side came Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 27 of 136 PageID #:828 88 ii He A. like was roommate is kitchen okay bedroom. little He look the roommate and the bedroom right here He He would go would shoot just washroom will like look here through the through door he like this and would He and he will Richard would shoot come just out from to go there dont know where washroom. the right here is the to right here. got the is like real this. quick went he the and after that Q. After 10 A. was 11 Q. 12 conversation 13 A. Yes 14 Q. What 15 A. 16 and 17 18 were you with did you Richard him get Q. By Lillian A. It was MR. the my in any contact did see with you if he can Lillian if call my he can. lawyer mean fiancee. FELDMAN record COURT 22 MR. FELDMAN 25 have you Crawford Crawford who THE 24 did away Richard tell 21 23 away right did. told into taken Richard told read taken were you gone. Before 19 20 that Judge some Share Once of at the this point uncontested would like to facts. them again these are uncontested facts Plaintiff Leshurn Hunt was arrested and handcuffed __ Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 28 of 136 PageID #:829 COURT THE that if there stipulate to it jury arrested North The Rod handcuffed officers had the not Four 12 Weingart 13 the 14 well 15 are 16 their dealings 17 defendants scene as the of of were Rod Hunt kind any who is at the Leshurn not arrest anyone 22 plaintiffs arrest. These 23 property 24 25 from The headquarters the scene police at 5555 of took West officers five about and to or was at 3437 six a.m. warrant. at for Daniel North 3437 the opened door. It was plaintiff. Russell Kaupert Noon were present at defendants as of those four and Allen Jaglowski In Department. plaintiff these color of state scene of Leshurn were all and of six law. Hunts arrest Hunts brother. Weingart 21 formally with Hunt Leshurri William Police under acting Defendants 20 Gaudio Chicago Also present was and agree the fact. as plaintiff asked Each Nick the at defendants arrest. defendants members 18 19 of it remind to sides police plaintiff Guevara Reynaldo both search or who police the 1983 arrested other than of Chicago 15 police the that Plaintiff by arrest no want accept may Okay. February someone Hunt you and When 10 then FELDMAN on moment. one something is MR. Damen Damen Just Kaupert but four the the Noon plaintiff defendants and at Guevara the did not did scene of seize any arrest. plaintiff to Grand Avenue Area police in Chicago where they Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 29 of 136 PageID #:830 placed him in interview an Plaintiff he was arrested was nor room. observed not was he crime when committing the fleeing crime of scene just committed. THE scene the of the of crime MR. the scene THE 12 Some make it 14 that you 15 different 16 you the what as you read 18 THE COURT 19 MR. FELDMAN 20 times but Ill read 21 THE MR. 24 committing 25 the scene one time you was not was he observed fleeing arrested. was want that. what and to did except you came out with arid the second meant time Yes. Do you want thought it COURT No to it again read it was the same meaning both again. you paused before the words just first time. FELDMAN Okay. crime when of. scene meant. FELDMAN 23 the at at notice. you correcting think than he puzzled at was jury nor when different not MR. the committed Im you he was he was arrested was that meaning c minitted he COURT Its paused or Plaintiff was it crime just of read to mean committed just No FELDMAN 17 22 did you committed just clear read crime the of 11 13 Wait crime when committing 10 COURT crime he just Plaintiff was arrested committed. was nor not was observed he fleeing Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 30 of 136 PageID #:831 91 COURT THE BY FELDMAN MR. After Q. station A. Yes Q. Who A. Officer Q. Who A. Officer 10 Q. Where 11 A. Officer 12 side. 13 Q. Where 14 A. was 15 Q. Were 16 A. Yes 17 Q. How 18 A. 19 Q. 20 Weingart 21 A. 22 was 23 man 24 this 25 arrest the police at the apartment were you taken to right sir. drove to you Noon and that station police Officer Weingart. did driving drove Weingart Noon were in you the and Noon was was on drivers the passengers side you the back seat. handcuffed at point this were. were What handcuffed you handcuffed was as was hollered said make Then to was no behind after you happened Well dont Okay. placed Noon got in into the was back telling telling him at sense said back. my the car seat Noon first of with Noon the car said and Hey said Like man. Hey said got court date in Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 31 of 136 PageID #:832 92 ii front of you could got his check that card. card .9 Bentivenga Judge have Q. How A. Like was did he and and just looked know You at he Q. What happened 11 A. Then after 12 little while said 13 14 call 15 he 16 my just lawyer smacked 17 slapped 18 Shut me the and hell like 20 did his he for the say paused way said he anger. said again like and he waited raised Hey know. you that there. know. hauled first and up woman you for sir you could off and indicating with that like He me him at of around just slap. woman up then said Do you think turned called he looked And 19 hand open know continued him date. He me. you asked And he like you like you know him know you then court got know you but say that after that at up Shut say like out it If say him. he like him said 10 me looked just lawyer my that to told call you think you know. you respond first he up Can informing card his Shut it. out Do say know. you just he just said He you know froze you know 21 Q. Did 22 A. Yes it 23 Q. What else happened 24 A. Then after 25 to little it hurt when he slapped you hurt ease that for as awhile. we was Then driving as we on was everything driving on came he Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 32 of 136 PageID #:833 93 Hey said brother that said he me implicated and some know YOU as we was other words few he DAVY Objection THE COURT didnt MR. FELDMAN Well and on saying was about something driving he MR. said your Honor stuff to like know you as my he who is. Noon or 10 COURT BY Go Who was doing the 12 A. Officer Noon he 13 black 14 brother 15 You 16 going to 17 cant recall 18 Q. Were you 19 A. Yes 20 station 21 and ass going to can narrow it down to say You either Iwas about me it what in and he happened. murder know you me few it. other words and He say he was fuckIng Your said He know you about little said he Youre saying that right now. hit at was was of other all as punched punched sort MR. told you us tell talking tell implicated know for question. FELDMAN MR. Q. box much ahead. 11 23 we was there Weingart. THE 22 think him by punched FELDMAN we few over Judge than my may that was more the COURT THE 25 BY.MR. You FELDMAN may times witness step down. to going shoulders demonstration 24 slap the in police the stomach like. step out of the Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 33 of 136 PageID #:834 would Leshurn Q. of the to you here over step in front podium. would front like seat of like the to where car this designate first chair testified you as Noon that the was sitting. A. Yes. Q. And A. Right. this would Q. and back the is like seat. to you take 10 down 11 you 12 A. 13 he said Didnt 14 he just you 15 Q. How 16 A. First he 17 my 18 hit me on my 19 trying to get away from him 20 Q. Did it hurt when he show described the on First he stomach 21 22 that 23 Feldman. he was around tell you open hand punch was his THE COURT 25 MR. RYAN would you on the face sit as reach times because left The May it he just like raised like that up and that and there. punched he tried to like was me grab in and me moving over you can of he know. you hand and up was also me and punched back and you described Your Honor 24 if you up shut as few this slapped trying to shoulder using slapped like to you know RYAN Noon chair stand. turned he you MR. the know did how jury that when his ask he left indicate the was record striking reflect Mr. hand. he was punching Mr. Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 34 of 136 PageID #:835 Feldman in the COURT THE BY stomach his know which left also hand Yes. FELDMAN MR. Leshurn Q. with do you hand Noon was striking you with know A. around he used right here MR. the is car right here. he used his left hand. FELDMAN You can take the the ride to witness If turns he box. FELDMAN MR. 10 Q. About how 11 A. It 12 Q. Who 13 station 14 A. Officer 15 Q. And then who 16 A. Weingart got 17 Q. Where 18 the 19 A. 20 first 21 was did long about took out got eight of the Noon got did nine minutes. first when you car take station the out the got out next out second. car Officer Weingart to got the first. walk to when he out got of car Okay Officer dont Noon 22 who When 23 drivers side 24 Q. What 25 A. He know really who got out first he got when he went happened opened the when Weingart got got out out of the first car believe it though. Weingart directly after he door up he to the went for to me. got out trunk the the of his trunk of car on the car. the Okay first after car he Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 35 of 136 PageID #:836 came back small from the trunk about briefcase of this the he car size had briefcase right here about and that high. Would Q. foot be fair half and Yes. Q. What happened A. Then he Igot out like Then 11 12 to take 13 that 14 the 15 step one center of my Q. Did he say 16 A. Yes 17 stomach 18 getting 19 flew back 20 pushed 21 You know 22 blow 24 for 25 Q. door step one briefcase when he anything flew back against the flew back the said and by and he told me said Get out. Then ready got before could in stomach my take in want the and car he run. to fucking told head him dont That.briefcase He have was no it the briefcase was grabbed off me just reason like what to though. run and sol he run. can that. Im going to run. briefcase my was forward Go ahead Sir hard shut into Go ahead run say say went same way the door he said that did car Go ahead say your mother feet stomach. when you he right up because he and Walk. say he did And 23 took against me me okay for he out. half briefcase the got the me shoved he step and me. told he two thats about what you indicated. door the opened told he about say after he opened first he say to believe A. he 10 it or soft run Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 36 of 136 PageID #:837 97 L. briefcase It A. was was hard. It was it hurt Q. Did A. Yes Q. Where hard pretty it briefcase but it like was -- it hard. when when shoved he in it you hurt. were into pushed you You said you were pushed. He A. was I. grabbed pushed when 10 that 11 Q. Where 12 A. No 13 little part of 14 Q. Were you 15 handcuffed 16 A. the suitcase the back push first okay me into did you the like my my neck you hit the car. still handcuffed FELDMAN 19 THE COURT 20 MR. FELDMAN 21 BY MR. FELIDMAN Show the jury pushed stomach. my call behind Judge my may back at actually this back the and part point the in lower the or car not yes. witness rise once again 22 Q. 23 briefcase shoved Yes. Please the step motion forward. why dont we grab actually. Will 24 25 Were my MR. was car. and handcuffed 18 into butt was 17 went up end After the you please briefcase into show the jury your stomach. how Officer Weingart Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 37 of 136 PageID #:838 98 We A. out getting this will here just Im car the right in the say car taking stomach my Boom right here. is and step he do indicating fly just Im like right back. Okay Q. thank What Officer A. the door Officer was briefcase the shoving you. Noon he 10 in. ii Q. 12 prevent 13 A. No 14 Q. What happened 15 A. Yes was 16 Q. Where 17 A. was 18 station 19 Q. 20 A. 21 Q. 22 A. was put into 23 Q. About how big 24 A. It 25 Q. What Did Officer Weingart he into was Noon from when doing Weingart at standing for open do the me police waiting say anything at hitting you with briefcase the after taken you that to by come time to were taken you brought where to brought upstairs. were an kind was brought you upstairs put little was the small room. room room. of somewhere upstairs. brought where was that me or Yes. And on station didnt. were was was your stomach door the holding Noon furniture was in the room at the police Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 38 of 136 PageID #:839 99 I. believe A. been three it A. It was Q. Let evidence me on wall what of show whats been you Plaintiffs as could chairs the did wall. it look have That like was it. what was to you A. These ii Q. And 12 those 13 A. are marked Exhibit No. take look the Yes it MR. look pictures table are there 14 steel. and believe in is 1. those at photographs. those Leshurn are 10 the ring made out ask 15 and the on ring of couple of made What table and That Q. there was and the tables like the chairs and room that that chairs in was described you that in. are photograph is. FELDMAN Judge these publish may pictures to jury 16 THE COURT 17 MR. MC 18 THE COURT No objection CARTHY No Yes. Documents 19 BY 20 Leshurn Q. 22 chair 23 chair 24 A. The 25 Q. Thj.is what front Its Let the published your Honor. marshal do to it. jury. FELDMAN MR. 21 in objection this of over here pointing jury box do the marked chair chair was as Defendants similar to one of the you recognize Exhibit something chairs to an orange this type 17. like looked that. like in the of Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 39 of 136 PageID #:840 100 room A. Im Yes. that chair material look was Now Q. still too when out you it was if that that of or comfortable dont comfortable. pretty made sure know if but that not. were brought into the room were you handcuffed A. Yes Q. Which into not were. officers 10 A. Officer ii Q. Were 12 while you were 13 A. In the 14 Q. Yes. 15 A. Yes there was. 16 Q. What did 17 respond there any the THE COURT 20 BY 23 24 this 25 adequate MR. you conversations officers 19 identify were brought happening in this room room DOOLING 22 you there MS. If when you Officer Noon. and Weingart 18 Q. with room the 21 were Objection If he to to and you which how did you officer Judge. knows. FELDMAN can identify who said what. MS. DOOLING conversation say would coming foundation is into laid officer the object to evidence. for the who said whatever foundation dont conversation. as far believe as an Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 40 of 136 PageID #:841 101 COURT THE when it was and COURT THE far it THE 10 11 more MS. 13 period 15 of into the there dont dont know you when was it no when he was him took into the police when was COURT dont But went he the know into the time frame. but station police -Did they take him into the station police DOOLING Well COURT This station police was was the in station police for MS. DOOLING Right. 17 THE COURT think 18 BY did these 19 Q. 20 remember 21 A. 22 were 23 first you know 24 questions you 25 and which Okay by sit down first time they took him you know when it is. FELDMAN MR. What the wasnt it 16 close he time. THE 14 was know You once than 12 It foundation as lacking. Judge DOOLING MS. as whats it wasnt Obviously know dont. Honor station who know DOOLING MS. your you dont officers officer was believe Officer but know in the me to talking believe asking say Officer first they you let and if youknow Noon was like me know sit with can you him. identify Noon questions chair you both they to talking he was me asking down in my hands the me chair cuffed Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 41 of 136 PageID #:842 102 behind like and back my in the chair partner was on halfway his wasnt slightly and was like chair the Officer to talking was side the in fully Noon side of the on was him. me He was murder he said. Hunt. He said We know brother named telling nowhere going so you and dont said Why He why was there. dont you tell saying tell like things the us with Your said He about about me level you you to got Now said he aint it. You that there and 10 did How respond ii Q. 12 A. 13 call 14 This dont 15 Q. What 16 A. He told me he say 17 us dont you Hunt You 18 things 19 but then 20 us dont Can lawyer. my make you 23 know. nothing talk to him. said say like saying things dont know he want said cant but to that. with cooperate lot other of remember said You dont want Man about said 24 You though he to to everything level with Hunt said know was want say that after that them lawyer my sense. no then after told them. call happened before 22 at looked just 21 25 you the My You got told case. brother it from you man dont know nothing told you him. this. He dont said Why you dont you said All right go all Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 42 of 136 PageID #:843 103 right LII so he left out Q. Who A. Officer still did what left out the room. room out room and the his was partner there. Q. What happened after that A. What happened after that Q. Who was A. His partner the room with there still Weingart What 11 A. Officer 12 with statement 13 from my 14 this 15 me like 16 him you 17 know about 18 Werent you were there happened he 20 know 21 back 22 fucking 23 chair 24 floor and and and know know and this. like he he out know reading he You was there in present him began to look the Then after in said Maybe snatched on were the chair my facehe way from me behind he fell on the my grabbed fell floor. that after you said You and and at You no man cuffed still to there were No off looking like you know this up see parts was just in statement You reading said and hands the this and back came got see me he Werent you there. my fell off telling were at he to got it said he room and the said You he you looked know and to you then still claimed that he And got And left Noon brother. 19 was then Q. And he me. 10 25 left the of Noon he floor on the Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 43 of 136 PageID #:844 104 remember know you my him hands he he on to began the wall then he told know told me to had second. me We the chair out from out from under 15 Q. Who 16 17 23 not the hand my wall. He were hands my and one put cuffed Empty your pockets out everything of the you So pockets. my to you there lets and back go for you under said one Which you. of the officer officers kicked kicked the chair you it was Officer Noon kicked the chair out MC to you CARTHY Your Honor chair the wall the of out the just testimony. from him is believe object. what believe Mr. Hunt he had said. COURT Well sure what the your point CARTHY MR. MC THE COURT Im jury heard the and testimony is not certain believe Mr. Feldman cross of everything. handcuffed THE 20 to took me pulled initially of say he mischaracterization said he Im one officer from MR. it me he -- get believe 14 me hand will under A. that interrupt you Which ii handcuff take one Let Q. know you wall Okay after know the took examine. Well youre going to get chance to Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 44 of 136 PageID #:845 105 CARTHY MC MR. mischaractei-jzed it on heard The challenge it witness his correct or that objected it heard jury Its it. just he testimony. COURT THE counsel the Well and it heard you if want you it youre going and to get with one to modify chance crossexarnjnatjoi. BY What Q. the ring Okay A. 11 thats when he 12 about 13 more closer 14 they 15 youre going 16 His after him to me 18 know 19 you 20 trying to 21 them trying to 22 like one of 23 wall and began 24 me 25 Q. his knee couldnt all them. duck them kind all What.were to to and he would kind what hand to some me bit thats when and fucking nigger it. he would would take brace Im draw up in the got to do knee on me corner me to and or hold stuff like that names and stuff like that. nasty names that me you like to trying and these his available hand to of both they because one one me of You know little You names wall me tell get to had his like the on ring would ory they punch nasty to come of everything and the partner Weingart them braced of cuffed began about us see duck do they me tell he his and partner kneecaps know know and calling to cuffed was you and 17 were you wall the 10 begin after happened on it FELDMAN MR. so Im keep from they were- against there they and were the call Case: 1:04-cv-04992 Document -__ #: 50-6 Filed: 12/03/09 Page___ 45 of 136 PageID #:846 106 you calling black stupid fucking me you know ass or you call They A. fry to going and this here here and and all this aint going nowhere and all FELDMAN THE COURT BY you show Will 11 either pulled 12 said 13 A. 14 chair 15 like 16 there Okay. was just like that MS. actions that 19 the front 20 and in edge the the We the chair snatched chair motion ask just how out the chair was what you exactly he it the grabbed snatched he 22 MS. DOOLING Thanks 23 MR. FELDMAN Stay 24 BY the took. facing COURT Q. all remember the would THE 25 step You out just it out like just that chair. 21 MR. witness indicating plaintiff forward in yes out of stuff. about that like you you. here DOOLING the the care crazy first of jury sitting this fell of dont believe and 18 the from under out may kicked or kind stuff us told Nobody you Yes. FELDMAN Q.. 17 Judge MR. 10 Your brother all ass mother fucker punk know your little MR. You record He him in the pulled to placed indicate his forward chair toward hand the on motion him. Correct. Judge. here. FELDMAN Now.later on you said that one of the officers used Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 46 of 136 PageID #:847 107 his Ii knee against officer used A. because take like and clockwise Q. his would me in can ee was in the know Show you. Okay Im what 10 A. 11 okay 12 trying 13 and Im not 14 all Im trying to do 15 Ill 16 up. 17 Q. 18 standing 19 A. 20 wind and you When or When in up 2. MR. 22 BY 23 Q. What 24 A. My 25 remember that corner know kicking Ill you look is you say me and all go position they first the started off You of stomach on your body part the the side ring in the jury that is right and try down was you to here and to thats of hipbone. just you went down up and position. it cover were kneed and there this your seat. side and doing standing kneeling wall the like me who when on is got way return my corner think stuff like to was he like FELDMAN part maybe can would grabbing the you FELDMAN the down were position Like like just dont hand all here right here. really see way standing MR. be and the went what right that doing where me use wall because were grabbing trying to down go like they the the both they like they to in how was -- back step jury clockwise clockwise you of wall in corner the you corner the dont Why against the you he show you just say room the would knee his just Will you. as Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 47 of 136 PageID #:848 108 iJ Q. Did A. Yes it hurt. Q. What did it Felt BY COURT 11 A. No 12 Q. Did you 13 A. No sir. 14 Q. Did you 15 were 16 A. No 17 Q. Could i.8 you 19 A. No. 20 Q. Do 21 you 22 A. 23 room. 24 Q. 25 Weingart were in were or you was for conclusion. sometimes clock have ever get to this room were sometimes left you left alone alone. with you what see officers in the room time it was while you station the sir. in you that you in some it was day or not outside say how many while room exactly -- could you hours room know point in.that whether tell know that dont At calls FELDMAN with constantly were Objection Overruled. when you 10 were like feel WITNESS MR. Now at kneed were you painful. THE Q. it THE BY when DOOLING MS. A. hurt exactly after room were how many you were you hours was with Officers brought from that in the Noon and __--__--. Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 48 of 136 PageID #:849 109 A. Can you rephrase the Q. Did you stay or were brought you A. Yes Q. Where A. was was did you A. As was 11 Q. Did 12 A. Yes 13 Q. Who 15 trying to 16 room are else. little to while you to make the were room. lockup brought asked lockup to the lockup one of the Mr. Hunt call. telephone call telephone COURT Excuse speak THE 18 BY little WITNESS MR. Q. 20 A. 21 Q. Thats 22 A. Yes. 23 Q. Why 24 Kurz called did some trouble Yes minute. just in the people hearing sir. back of keep the you. Okay. FELDMAN did you 19 me think up. having 17 25 taken call did you Who was did. THE 14 somewhere time taken do make you whole else somewhere brought could room the interrogation downstairs taken if that in were you What bailiffs question. brought Q. 10 else room somewhere interrogation call while you were in the lockup Lillian Garcia. the you girlfriend you call MS DOOLING Lillian Objection mentioned-earlier and not your leading lawyer Judge. Jerry Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 49 of 136 PageID #:850 110 IT that my was mind was THE COURT Overruled. MR. FELDMAN Do THE WITNESS Yes. the only by left memory upstairs out everything only of remembered BY Q. 11 earlier with 12 A. No 13 Q. What 14 A. Did you Because thing had because it on the my pocket so have at the property my only had by know you made me they time particular time of you lawyers card your down in that take you know memory. that you described lockup the didnt. did you Lillian in tell that phone call believe Objection 16 MR. FELDMAN Judge of mind of Mr. this THE COURT Objection 19 MR. FELDMAN 20 THE COURT 21 The 22 out 23 of THE Judge the COURT is to going intent and sustained. may have sidebar on this Sure. following of hearsay. Hunt. 18 25 that FELLMAN DOOLING 24 at number MS. state question the lot when 15 17 me was table on her telephone MR. 10 remember you the proceedings presence and trnspired hearing jury Read Record the prior question read. to me please. in Case: 1:04-cv-04992 -..___ Document #: 50-6 Filed: 12/03/09 ____Page 50 of 136 PageID #:851 111 suggests THE COURT leading the answer. That MS. DOOLING is questIon didnt suggest question that question the answer. he its not truth 11 lawyer 12 request 13 the COURT MR. FELDMAN of matter the and its if COURT doesnt it go 16 MR. FELDMAN 17 THE COURT 18 MR. FELDMAN thats going to to be 21 world but its simply COURT THE requested 24 is 25 whether whether he lawyer he requested told his wrong time. truth the of was request that goes to request because that to the If he was is true girlfriend he of the wanted for simply truth of evidence in no outside fact going in in lawyer. matter. the to outside evidence by defendants lawyer. of the say there is whats really important lawyer the hearsay. of request get testify matter is to is the it put there of it requesting truth of fact is going to he That because you want Youre trying but of would definition proved. the lot Hunt simply fact the the thats something fact of hearsay of show No Mr. lawyer. Its is the Thats sky blue his not do To 20 23 assertion What that 22 an which 19 is call statement not asserted THE 14 believe to its the was this about asserted. believe at objected Judge Lillian There listening. just What statement matter for maybe THE asked that 10 15 and ones leading was no that the not he way Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 51 of 136 PageID #:852 112 It is The BY were you the presence of the jury after this the would A. Where 10 Q. 11 A. 12 Q. Were 13 A. Yes 14 Q. Which 15 A. 16 Q. Were 17 A. Yes 18 Q. Who 19 A. 20 Officer 21 them. 22 Q. At 23 please station 24 A. 25 out at say sustained. call phone the You to may continue. how Lillian no more than after that ten right back in placed you most taken you taken long the minutes. ten minutes upstairs same room room different or were one was the placed same in the room or same different room room again questioned you were. was was Noon there questioned and didnt seen as the same officers Weingart. during did you have by Officer point any may but hearing lockup were was Objection and transpired FELDMAN MR. in sustained. proceedings in Leshurn Q. objection following COURT THE and hearsay see that morning Detective him coming far was as which was questioned when you were by at the Kaupert like in and like remaining out in there and did -______ Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 52 of 136 PageID #:853 113 not see him. Did Detective A. Not to Q. Did Detective Q. Kaupert ever participate ever try in any beatings prevent any other you of officer from No A. 10 didnt. THE COURT what 12 interrogation 13 A. 14 other part 15 officers. 16 Q. Well 17 A. Okay. 18 Q. Were 19 were 20 A. Right 21 Q. What 22 A. Okay. 23 my 24 say 25 Q. Well when there Noon second for conclusion. time officers ready we to are you turn were in the to the in came still some is think with Officers more me things over to the other there yet. you said and. Weingart moment just ago that you still right. happened is the they got dont was this happened first you calls Overruled. room when Objection FELDMAN MR. Now to you DOOLING Q. Who Kaupert MS. ii hands knowledge. hitting he 21 with my They with handcuffed handcuffed he Officers to the me Noon and back wall. to And Weingart the he wall. informed One of me he Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 53 of 136 PageID #:854 114 Officer A. at speaking the but one turn.you when we they say back and Dont and There 10 left they 11 cant 12 that 13 two 14 Q. Who 15 turned over 16 A. 17 and 18 Q. Do 19 A. Yes out they was stuff are to to see some more here you that there. here Hunt when we out that and And get awhile. on went to going like other things left first speaking want and present over you room for that were wasnt They went you they but on know. And turned me after over to other detectives. Allen these were two other detectives that you were to turned was 20 over to Officer Detective Nick Gaudio Jaglowski. you see Nick Gaudio in court today do Will you point article 22 A. Thats Nick Gaudio 23 Q. And Allen 24 A. Yes clothing MR he out him 21 25 the everything left they some you them. said We turn and see out were remember know us who they to of both We dont say you let on me told both they specific they back get but were going over detectives be them of it was time same cant believe okay believe is please and pick him in out an wearing. right there. Jaglowski do you see court today do. FELDMAN May the record reflect that Mr. Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 54 of 136 PageID #:855 115 stood Jaglowski COURT THE BY came into behind when told me 10 what went ii Q. What 12 A. He 13 murder and 14 complained 15 with to the and sit officers 18 let asked me he told to up 21 dont 22 to 23 Q. 24 beating 25 A. him him other on you know no what him Jaglowski they chair to me know took in sit then me you told know him question. about anything and place believe handcuffed know asked know you room the and you say said know me said do lawyer my if Allen told during the him the first time officers. two man. wall first he question told me and into say the 19 20 he was call me the gave and say told 17 from they down on 16 Gaudio first came they hand my back my Nick room that uncuffed they when happened Well A. FELDMAN MR. What Q. Yes. him Man Im this was me my and beat up say the by They other wont that. wrong exact been tired. Sir say treating those have know you and words they been beating stuff. You know but they was similar that. How Well1 did they after respond when said what you informed said he told them of the me he say Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 55 of 136 PageID #:856 116 You youre hurting now think can certain What A. Allen me that at your little 12 He and is saying what. was now said Dont it 15 Q. After 16 A. You 17 looked at him like 18 Q. So you didnt respond 19 A. 20 lawyer man. 21 me my 22 lawyer 23 to 24 you 25 your youre going to do know all lawyer the said tell those Im not we words at said Thats when he got know about happened. you what happened stared at him and didnt know what to say. just told say to something call my call they wont you aint him all said Go telling you want dont said You to man fuck tried to brother. was the just Man and there you him or did to with through that said Why case man. from my to think us him. Man man. know told You hurt. be say he to talking say get will what us know you said you brother looked him man with said you was he until know you 14 killed and he Wait that me told say he shot call if you main one He say he ass black told they. or to say the 13 and is ask Jaglowski. time. particular 11 to Jaglowski Jaglowski youre hurting he just may as Allen did Allen 10 if FELDMAN MR. Q. who WITNESS THE BY to as Honor Your determination get quite CARTHY MC MR. got to call my have the let nothing statement him. me say You being Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 56 of 136 PageID #:857 117 smart fucking He to began like Q. How A. First Q. Who A. Allen Q. How A. He did 11 reflect 12 head 13 head times me did he head my that. do like specifically that there. and when he hit you head across few times. dont mean to apologize but would like his said He slapped forehead 15 THE COURT 17 THE WITNESS 18 THE COURT hand right and the me record across up hit the he interrupt to my of point his area. see We head your me took his my witness the he Excuse WITNESS no be can problem more with specific that. that than if you like. forehead over area 20 MS. 21 BY 22 did DOOLING THE 19 across across 14 16 What like me smart with being Jaglowski. hit being me stuff you smack hit many that me and You he is witness the smart being smack he he MS. 10 You Q. What 24 A. After 25 chair Yes He MR. hit his DOOLING can. the left Thank top of his head and his the head by eye. you Judge. FELDMAN after you happened were hit on Allen 23 from me was hit was on the head handcuffed with him right back to he took the the wall and Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 57 of 136 PageID #:858 118 he left me telling out. out like him talk When Nick Gaudio room at A. No Q. When that Nick in present A. No not 10 Q. And what 11 alone 12 A. While 13 Q. Yes 14 A. He 15 my 16 mad 17 Cooperate in the he 18 in 20 Q. And 21 A. After 22 the same 23 the same way 24 like 25 room come out just what in was Jaglowski still room the to talking Gaudio not as you say to could were they remember. while you you room alone with he say Listen day with his him give Man like Nick were Gaudio Leshurn time. He said he wife you know hard yes for was and he is said Nick be been man cooperating that to being awhile would have after you happened responded -- there cool him me said said you know know you him. with 19 telling left he present the Dont And had started Nick bad upset. room the knowledge my was told man was room did had partner were room with had in or point the to Gaudio Nick him was Gaudio like Cool out know to both they partner you just the both his Lets Q. in because and like Gaudio him to was handcuffed being handcuffed then back talk to He me Nick into after that other action. would Gaudio responded the that would for into wall would go in little be the Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 _1III.II Page 58 of 136 PageID #:859 I. 119 while he sort was like you know dont you of like talk tell me to said Man call already man. lawyer my him Then what friendly guy Why say he happened. you told dont said the play know. you Just tell him. to trying man know want what to happened man. said Dont some have kind of rights man in that you know Q. What 10 A. Well 11 said Well 12 back 13 cant 14 Q. 15 room 16 A. 17 about 18 statement into Nick Im the control What other me him he he to 21 this 22 signed. you know And 23 24 know. He 25 know take beginning my cant chin and he off he came it in bone face my looked like statement at at it. him grabbed and he read Its me by come talk to read off the to the me the and such off into such. statement Read this read say and to in. began such and he know you came back the such me going back room he said but was is anything the face my way told do in read he and back say Look just out Allen Jaglowski what put that when front of would after leave know you came things in to going responded then room then. remember 20 Gaudio happened After cant 19 after you happened Its signed. stuff my say you know like face do that and like you just you You know Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 59 of 136 PageID #:860 120 I- you fucking know ass nigger youre going there you know Q. Did he He A. and kind all touch you would he take lower already 10 cuffed 11 Come on 12 saliva 13 and 14 look to he of and you little stuff like black that stuff. crazy other way the on wall and man and wiped it what it on other than you talk you know MS. 18 plaintiff 19 to touch put DOOLING his was choking and he let grabbing by throat here He said me You right in the upper neck 21 MS. DOOLING Sure. 22 THE WITNESS And the 23 MS. DOOLING The chin 24 MR. FELDMAN neck his took it nigger clothes my reflect front of The he fucking on hands some couldnt the my and go to COURT and of know it to Im you wipe record THE what his Ask 20 to hand on and area one hard head my here and real me breath hands my push right lost my the object just know would the by this Im like out he me part you like when had this clothes. did take would Im jumped my he he knees my he and head my couldnt hardly to us chin my hand his down know 17 25 us tell tell any by push you at me grabbed into you know 15 to to chin the 16 youre going hardly when he and like the motioned area. throat. Thank Judge think is you. chin too. too. think at this interruptions of point direct am going Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 60 of 136 PageID #:861 121 testimony. .1 COURT THE you make you want putsit sees it was Feldman. the record. it You to be can put It doesnt The record Why it record make the on any if difference reflect can dont graphic. who The it. jury it. BY Q. wants more graphic. Mr. on She FELDMAN MR. what Leshurn grabbing 10 A. ii couldnt 12 Q. 13 after what 14 A. 15 said Come 16 room and 17 you 18 they 19 Q. 20 Like 21 you It you was know with walked they left me Was you went they this grabbed partner know. His they know you by partner like got went that out Were you 23 MS. 24 BY 25 THE alone DOOLING THE WITNESS COURT at while and some Yes or the him from Judge. alone. objection the know later but different were he out dont and know. times was him like you sometimes you Objection Whats neck little while werent with them constantly. 22 the told after that said you like both room for had wind you know had similar to before earlier you Jaglowski saliva the back the when Allen anything -- his out came in or after he happened like lost my had breath happened on feel neck the by my had He it painful. catch What did before alone and Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 61 of 136 PageID #:862 122 DOOLING MS. this before like Dooling to going and ago 10 is MS. DOOLING THE COURT to objecting objections go to Objection of to unclear. is you Is it if as Judge. what that was not about. object is objection Im relevance. explained just spoke general relevance relevance it Is youre moment yourself ambiguous. which Now it ii MS. DOOLING 12 THE COURT 13 MR. FELDMAN 14 make because sort you to youre trying what guess question you want If general the now like COURT THE Ms. or Judge Judge it if 15 BY will MR. 17 or 18 A. No 19 little small period 20 Q. After this there was what Then 22 A. 23 in 24 falling 25 body were there times described and was the Ill be back to happy me to please. rephrase it time. you when with Jaglowski they left of last because exhausted time you when were Gaudio constantly alone they left me left alone alone for be like was on like like knees would they be getting my that you just returned they would they was so and time. happened after that you times that many still you know down question just some please. FELDMAN Q. were Read save 16 Leshurn Ambiguous on tired like my you and back come knees know the.y my would Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 62 of 136 PageID #:863 123 come P-i to and in me kicking want me did into talk to that did and and and other crazy he would A. Allen Q. Who 10 A. Allen Jaglowski. ii Q. Where were you 12 A. was kicked MR. FELDMAN Let Right 14 not that them never and here say would he and that go did the that kicking you just to referred kicked on my lower part right the reflect record here. he is indicating shin bone. his THE WITNESS 16 MR. FELDMAN believe 17 THE WITNESS was my this and Jaglowski. 15 18 did would fit know you get youre referring to Who 13 that know you ways. Q. is up get know you up tuck them tell never that the that like know would anything his stuff you Get say would they here indicating. its kicked on his left both shin of my bone. legs both shin bones. COURT 19 THE 20 BY MR. 21 Q. 22 kind 23 A. 24 time 25 had in one Did Nick No he the Both bones. FELDMAN Gaudlo didnt do first room arm to shin sort of do any any he kicking kicking. held one like defend of or striking At one my hands myself and of time at like. he aiy had one only held it Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 63 of 136 PageID #:864 124 for to trying held my hold hand Did Q. Gaudio any A. Yes he did Q. What did A. He they went dont 11 out know 12 out 13 Q. Now 14 A. Yes 15 Q. Were 16 A. When 17 some the 19 A. 20 Q. 21 A. 22 for he called partner or what himself but he what Jaglowski from do he the Allen stop after he man Cool out room and stuff was or said held my and like hand he that whatever he took grabbed his him out and there and but know they they went room more by was How you said you you ever kicked was Where 18 if way say he to try restrained and his against know awhile for Nick dont he hand my in partner 23 then you hitting 10 but awhile placed were kicked anywhere the in in the legs. else by second room Allen was Jaglowski kicked him kicked were you kicked many times was kicked MR. FELDMAN demonstration COURT 24 THE 25 BYMR. in my groin were one you good Judge of in may step your groin -. time the witness this You may FELDMAN kicked down. leave the box Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 64 of 136 PageID #:865 125 will Leshurn Q. kicked Jaglowski He A. just dont boom. and he you know know what When or unhandcuffed No ii Q. Were 12 A. he were you met part me me and in the like just know but right up air was you kicked Allen it this here made contact there and in passed just out straight were groin you handcuffed cuffed. cuffed to was cuffed 13 MR. FELDMAN 14 BY MR. FELDMAN What did it to the the Please feel wall or not to the wall wall. like 15 Q. 16 in 17 A. It 18 Q. Now 19 lineup 20 A. Yes. 21 Q. Do you know how soon 22 the groin you were put in 23 A. 24 lineup. 25 Q. the kicked just the how jury groin. kicked in up the out. Q. A. the and flew 10 in came me kicked just passed you show please you take your when Allen seat. Jaglowski kicked you groin felt was Do like Leshurn kicked you know was at in how to going some point or that the long die or later something. were later after you you put were in kicked lineup groin before before was put in the in Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 65 of 136 PageID #:866 126 A. No sir. Q. How were was A. walk or in stand Plaintiffs pain like ask if you like YesIdo. 10 Q. What 11 A. Those 12 Q. Are 13 A. Yes there 14 Q. What are 15 photographs 16 A. 17 was 18 know 19 nowhere. 20 required 21 had 22 Q. 23 mean 24 A. 25 time are my trying to 8. to you barely even hands choice down held was evidence in look these at those photographs of taken me in those in as Leshurn the lineup. photographs down was anxious say do They but your hands with doing you do. you is is. was to what take photographs couldnt other and thru like because by you there other people me could lineup. they Leshurn are had When show recognize you A. no to Exhibits would and that during lineup up. would Q. that feeling during you there stand told do your hands up me do what were this they down those in was hold else but nothing to because trying to to in down and to and told the dont do pain they that and what do me. there you there them down trying to there because eliminate some was you go what do and pain in pain at pressure you the know. --__ Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 66 of 136 PageID #:867 127 You Q. havent said specifically still down where there is. Below my Thank you. Where After A. second same Q. Who A. It 12 carrying 13 A. Pardon 14 Q. When 15 was 16 A. He 17 Q. What 18 A. He 19 about When they back Nick and Jaglowski into the Gaudio in that room in that room after the you placed Jaglowski Allen was Jaglowski had something with him have with him did. had this black size flashlight Let would that would the know. long record be black flashlight be fair Let me see COURT 24 THE WITNESS About reflect that he approximatel eighteen that THE indicating. you indicating. FELDMAN that feet he lineup anything carrying 23 25 Allen placed you were MR. two right anything Allen to placed lineup there you Officer was Q. 22 after that was lineup placed 11 indicating taken you room. believe 21 were that 10 20 groin. it this again. size your Honor is inches Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 67 of 136 PageID #:868 128 MR. FELDMAN THE COURT MR. FELDMAN Well Its how see to going good 161/2 be ruler Taking measurement my it inches. 161/2 is the on button. BY Q. Leshurn A. It Q. What when 10 A. 11 in 12 telling 13 with hand was of that hard like into doing like. with that flashlight room the to begin like that me You rubber of made out flashlight Allen Jaglowski was would He his what kind was came he FELDMAN MR. talk there and and me be he looking talk Hunt to ready to would play with at and it You ready to it be cooperate me MR. 14 FELDMAN 15 making tapping 16 into other the 17 BY motion Q. 19 flashlight 20 A. 21 you 22 would say You dont 23 said Im tired of 24 black ass 25 stomach know would and Hunt Mr. from flashlight after Allen happened talk the reflect one was hand FELDMAN 18 He with record hand MR. What the May to and you for me he on it lay the Jaglowski table then and awhile want to fucking then was tapping the rest up he will he would take with cooperate he me. you fooling around with your little would know take just it jam it begin in my to jam it stomach in and my stuff He Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 68 of 136 PageID #:869 129 that like .2 of draw up How Q. and begin like you know. times did he jab jabbed me in many fold up and use my in the stomach you and legs sort with that flashlight He A. seven probably What jabbing Im ii Q. 12 in 13 A. with that about It 14 blue 15 trying 16 you know 17 the side 18 you know 19 there. 20 Q. stomach with that not too sure if Nick Gaudio He may have been. it feel like did felt and jacket to like to was flashlight was that have because or with was hurting me it was like what some if he Yes 23 Q. Up 24 at 25 A. the present during flashlight know. jabbed doing was off pain had couldnt but would strike that and he would say at some point happened at and stuff like later were you the station police like on was he what Rod you here me me your brother A. of hit like something Tell 22 me on Talk that brought face to was. until police No it block Leshurn the while Allen Jaglowski doing stomach your face. Gaudio the in time. What Nick was you A. that stomach times. Q. 10 the this point had you been with Rod at any station only during the lineup. Thats the only time point Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 69 of 136 PageID #:870 130 seen Thats brother. my Were any A. yes there were. Q. What happened Q. stepback present thats was Rod 10 Officer 11 present. 12 Q. Allen 13 were 14 A. 15 officer 16 are 17 too. 18 Q. 19 these 20 A. 21 being handcuffed 22 handcuffed 23 know 24 Q. What 25 A. While On Okay the okay now the time Who was and Officer outside Im asking now second time of well Rod when you present the the Spanish only three What guy present the let about me Rod with say of lineup Nick the were like the was door you when was Officer Gaudio could second was remember. when you with Allen Guevara could happened other Noon was see them. time when Rod the you in were Jaglowski Nick Gaudio that room with and was those there Rod and officers Well for with Rod with that. During Jaglowski were you Rod. Okay the twice. first time. the with strike were with when were you officers Rod with when time. only present second When A. officers for What the that at time behind behind about and they few seconds while you the or were in room. brothe my back in us put back his happened was my they Rod left us in minute or so. in room with Rod the was he the room with you mean was room you Rod with the Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 70 of 136 PageID #:871 131 officers present Q. No A. This Q. Okay. A. Me after what is and on Man look 10 them 11 say 12 can man whats youre tired man Man said it man. know hear you CARTHY MC 14 MR. FELDMAN bears 16 overcoming on the of THE 17 his 19 out 20 of 22 dont 23 room know if Judge at this this and say he that to man just tell it. with theyre beating me. He you. of the is the MR. MC 25 THE COURT to goes claim in the terms hearsay.. state of of mind. the point. proceedings presence and transpired hearing jury The reason hearsay. CARTHY 24 your Honor Sidebar. following COURT it Objection will COURT The THE know now. and along know man. Fifth Amendment 18 21 this go you Man Go ahead say tell man. MR. It and Rod. said whats said said Just He them officers 13 15 he you man up he to going talking said You know like did you like you with left Im what happened said He said they you brother was my was asking going when Yes. The wanted Could they officers to go sidebar overhear them is in the Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 71 of 136 PageID #:872 132 12 r1 THE COURT MR. MC THE COURT MR. MC alone were they in the room with COURT MR. MC CARTHY with when talking about when telling me if the when was could you MR. going to Were of him said to officers. your certain said he was point conversation took place. straight. thought in officers were the were in time were Then youre Then room. hearsay. we the are here. room and It Im them. the the they COURT room left MR. MC my in Then it is my officers room whenever question the CARTHY wasnt is room alone They hearsay. could were on they purpose not we youre talking about why understanding in the wasnt If we room. in outside overhear My the room it about were they you. what room thats the they certain not were alone in asked just the are two met THE outside not talking you CARTHY MC it were they testify brothers this the understanding asking Im they theyre outside my brother presence Im Get think are his Thats what officers What What brother. THE you wasnt hearsay it the In my COURT say Then CARTHY THE 15 21 believe CARTHY with deali ng are 18 MC them. left 14 CARTHY MR. left But if overhear is in theyre them. what the room alone Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 72 of 136 PageID #:873 133 is what I-J the THE COURT MR. MC It know you FELDMAN THE COURT was MR. MC not have Under the the plaintiff beating 15 its hearsay. CARTHY man the and 16 THE COURT 17 MR. FELDMAN if We claim 19 is 20 and 21 hears the things that 22 gradual 23 that he Count of over was wearing This 24 eventually 25 conversation the to time his confrontation with not your is his and were brother. eat of it too. the he is attempting and he said to say know youre conditions know Fifth Amendment claim The theory Hunts Mr. said will himself. to him was The are of claim the overcome things relevant that to he the will. tactic is someones Rod officers bad. have are of with circumstances up set incriminate down overcome that. of cake your complaint. of period forced for police its under those Thats 18 in has the conversation wasnt present officer it presence that cant MC 14 said You MR. police He this ii the the offering is beaten. offering in he extent being had COURT 13 the not was hearsay. he THE scenario were be. hearsay. 10 12 to to going not is are it CARTHY when present We If is its Then MR. it testimony CARTHY statement officers not officers my will relevant to and his by the what police happens state of to in this mind and Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 73 of 136 PageID #:874 134 the eventual are not We truth of Leshurn hears his COURT it If its they member of the conspiracy even member of the conspiracy and down brothers his 10 accusation 11 was 12 circumstances 13 MR. outside were the presence it would of be May Im wondering just was raise in the presence 18 of the jury 21 gets. 22 half. 23 may 24 minutes depending 25 dont stand we here.. You oniy we following are going work been five up to let Usually have room working trying and when it an as unnamed wear to that and purpose under if it those other matter one in and terms on work my stretch. the while time around breaking four. transpired hearing until you break an of sustained. hour more minutes on then or that proceedings COURT Objection gentlemen with planning ii 20 that hearsay. The THE the wasnt officers 16 19 fact the havent sued Rod you he fit FELDMAN COURT THE 15 doesnt so here the unindicted an so for says contributes and doing Rod will unless youre making and it for outside were anything were that just eventually wasnt they will. anything says and it of offering Rod anything THE 14 down wearing we my four after an and 48 may work next group You Ladies folks and oclock hour and minutes gets ten meeting and we more here havent had so why chance Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 74 of 136 PageID #:875 135 stretch. to Everybody stand can and up stretch. Pause. COURT THE tell ahead Go what you Mr. is Feldman. this good breaking for point you MR. FELDMAN THE COURT We could break here. would This be fine. few minutes before Its 10 11 Then 1ike 12 instead 13 1030. got of having 15 things 16 with 17 already 18 you have 19 you can to do them. book got it So 21 promptly.. 22 give it Ill Then 24 remember 25 anybody of Ill bring while away to to get deck or game you all can probably be have get looks so here number you of and have down. cards or If whatever time. here at finish let dont discuss the jury discuss it in the front be excused matter of you for 1030 also 1030. amongst and the We evening yourselves you have at finished be things of the can you quite expect you.can it morning will things will and tonight we staff will shot. good 23 1000 at know down and think for my next meeting. my early tomorrow then or ask into go morning. you Then we. quit number Im not you bring will you here have If to bit tomorrow told 20 We quite Now 14 have 400. have dont why and or already let Case: 1:04-cv-04992 Document-___ #: 50-6______ Filed: 12/03/09 Page 75 of 136 ____ PageID #:876 136 found to out that when you Tomorrow will jury be is excused. long Adjournment 15 20 21 home everybody is curious. Stck it. The 12 go Have good nights sleep. day. to April 1988 at 1030 a.m. Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 76 of 136 PageID #:877 137 2102 II IN THE UNITED NORTHERN DISTRICT EASTERN LESHIJRN STATES DISTRICT OF CC ILLI DIVISION .4 WLi HUNT Docket No. 1976 85 Plainti ff Chicago Illinois April 1000 ALLEN JAGLOWSKI et 1988 a.m. al. Defendants. TRANSCRIPT OF PROCEEDINGS BEFORE THE HONORABLE BRIAN BARNETT AND JURY 10 11 12 PRESENT 13 For the Plaintiff 14 EDWARD W. FELDMAN JOHN S. .ELSON JOSEPH MARGULIES PETER VF.IGUELA -. SUSAN GOUINLOCK Northwestern Univers 15 357 16 DUFF East Chicago chool of 17 -. For Defendant Petrocelli 18 JOSEPH D. RYAN THOMAS MICHAEL DAVY DEBORAH MARY DOOLING 19 Attcs Assistant States 500 Richard J. Da.ley Center Chicago Illinois 60602 20 21 For Defendants 22 Jaglowski 23 Noon Kaupert and Gauio Guevara JAMES P. North Chicago 24 25 MC CARTHY MAUREEN MURPHY Assistant Corporation 180 Law Avenue Chicago Illinois 60611 LaSalle Illinois Counsel Street 60601 -. Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 77 of 136 PageID #:878 138 The out of of THE trial. THE of of the 85 COURT know Im minute if NC. 11 THE COURT Oh. 12 MR. RYAN 13 THE COURT Which MR. RYAN 16 THE COURT 17 Is 18 MR. It the 20 THE COURT 21 MR. FELDMAN 22 get to 23 will 24 the 25 follow it later reading reord. along. case on motion the yet it you and morning on you the can motion have it got motion motion was Absolute FELDMAN in order this an received Have for summary judgment on today part wanted. Ill immunity absolute there anything call we Jaglowski and immunity 15 before you order. CLERK 19 issued denying THE qualified Hunt 1976 have 10 14 hearing seated. Petrocelli. copy and presence tars..pired jury the be dont believe the CLERK Please proceeings followirg Yes immunity. else could take we up few things jury Yes. One or of to just dont is whether it deposition tender leave know whether will be tomorrow of John copy it to here. McNa.mara your Honor we will but into to we Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 78 of 136 PageID #:879 in the THE COURT MR. FELDMAN THE COURT MR. FELDMAN do and that the And you. the that honors There the is 10 THE COURT 11 MR. FELDMAN was the deposition to 13 and 14 pretrial there are some dont know COURT 17 MR. FELDMAN 20 believe. number 21 THE and so can 23 rule oIi 24 Have te them in been MR. any COURT follow 22 25 just to of be bar and were you that saying read be Judge Are Theyre marked page distinction what Now objections THE 19 classic in the why bar thats it. see. Okay. 16 copy. forth set are to parts if you saying the in the of it designated pretrial which order are in the order. 15 18 are pages youre interested if supposed FELDMAN of designated way the By MR. parts LaCorte. Ms. to Okay. Thank COURT bench. 12 it give order. pretrial THE we No marked they believe the pretrial objections Well with you particular. ruled FELDMAN Is order rather and in the what in that line and the Section have take that practice. theyre marked marked are would typical here in dont in through have an them entire in copy context youre asking and me on No they have not been ruled on. Some Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 79 of 136 PageID #:880 140 of actually it the conferences last THE COURT do MR. FELDMAN THE COURT MR. FELDMAN pretrial perhaps with tomorrow if 10 out those 11 and then When COURT you will later that 13 THE COURT 15 LaCorte know when would take and the of one certain this use will you can 16 Ms. Murphy you 17 MS. MURPHY It long that copy and us tu.rnished you marker yellow take We will We it. this give how afternoon maybe and mark the tag. me what ten do probably pages minutes so. right. do this maybe on take think will be contentious it All we to depending are will all FELDMAN there were that want you it Then MR. dont No THE we week in ruling morning morning points general When This 12 14 did make you back will it fit it to Mr. Feldman. like you want And in. Ms. Ii 18 main objection is 19 deponent the 20 over 21 be that to THE and not 24 relevait MR. far Judge wanted we but opinion of as Same the to and an say something. objection. testimony in there injuries and we had address thing. Yes to Bentivengas other peoples FELDMAN to pertaining source COURT waranted 23 was there was as point concerned 22 25 as look of the gone testimony would that. Other peoples observations was Our no longer opinions of even facts are are going to Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 80 of 136 PageID #:881 141 into go that. COURT THE talk remaining down them to Okay dozen half And then other about each to fine. we can there are if them. If toss them is couple can you others narrow easily off all right FELDMAN MR. would like to raise What are reports 10 Guevara 11 to 12 would is to 13 put those They 15 to will have fact the certain that i.n evidence which relevance was our records which 26 was subject denied that but objections business later. we case. about McCarthy Mr. they are in them Officer of City which things and 25 investigation the other with deal Exhibits our of to spoken can other incidents the limine as OPS an in have 14 of we Maybe designated couple like now. regarding motion the There Yes. and yesterday. with regard part just of .1 16 the 17 Department 18 to 19 just 20 business.TT regular have to to business in order to call someone say 21 THE 22 cant 23 relevace Yes but or the bo in MC office this COURT stipulate 24 25 records Mr. 1heir terms CARTHY City of of the expedite the from Chicago is the prepared McCarthy trial in is there any business record To the in Department course reason terms of you their of foundation theyre prepared offices not hoping regular not of extent was Police the admissibility Chicagos Police Chicago Im not by certain our Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 81 of 136 PageID #:882 142 theyre even rule believe of business past as at that THE COURT for the and department Its excluded been internal not for MR. MC CARTHY administration basis in the problems in the Thats been 11 made that 12 investigative file thats done 13 of litigation as very 14 it shouldnt 15 that 16 relevancy theyre extent not the our the reports police determination also with to has them in have we been companys the purpose possibility and normal as but position insurance the distinct object in therefore business record addition mind to and to the your Honor. COURT insurance Well dont company reports 18 to 19 admissible in 20 counsel preparation in 21 unlike would we where past breated as he THE about of those litigation. had 17 that understanding my 10 MR. evidence ELSON 23 inadmisible because it against Jl.itiga.tiOn MR. MC for they CARTHY what because are youre referring are they correspondence Honor Im unclear they the know with trial. their position position. Is unless Your 22 25 have the on generated the incorrect Am 24 reports these trial of understanding my being done are its 803 use anticipated Its records. are that these prepared in on the reports Citys are anticipation City Well what Im saying is they of Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 82 of 136 PageID #:883 143 shouldnt come Honor thats dont but business the there may my in them bring underneath in be records other means know as your which in to theyre under business how records. COURT THE rule on it them in today then hut MR. FELDMAN THE COURT 10 MR. MC 11 THE COURT 12 MR. FELDMAN 13 raise 14 sure 15 position. at this excluded 18 girlfriend 19 lockup. 20 were Lillian just THE want COURT 21 dont 22 reconsidered 23 MR. FELDMAN THE COURT even Put know it. why We Youre today. we can so writing not can to going put wait. in your objection writing. Fine. whats the other thing was just one next Just one not record two conversations One was Garcia to when make he sure The record you asked went what. is me sidebar Okay. in that phoned the terms record in we our is his the clear clear and sidebar. and just of said to her absolutely for make to your Honor Hunt Mr. wanted we wanted clear was that sure the hearsay. as it No time. There 17 do in your objection CARTHY from yesterday 16 Put already made it clear. wasnt sure rule forever my memory 24 25 Im not going to on these to Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 83 of 136 PageID #:884 144 6e things. only ruled on have got once hut and youre asking now wanted point your before all 14 out 15 are 16 others and whats COURT half 18 something 19 jury. 20 dozen this in diSCUSSiOn Ofl 21 seen the 22 get 25 been thing alOwed So ever it is to you was not rule again to as bell Thats again. to you silly. rule again. clear. absolutely Its clear. one else to nothing when in if one trial is tried that raise at this little sheet down it also use didnt give thing case in that says offer have the flagged from message 36 the evidence some 24 clear as have the and you hand that street one .mabe there or two building. If Exhibit. sidehar Now Okay. judges Reason .23 go asking next have have you Basically 17 to record our the started we if in sure through. Honor. THE 13 wasnt FELDMAN MR. 12 rule to go hearsay. Now 11 me to been COURT Your record THE absolutely make to me have FELDMAN MR. just asked you should that something trial long to it them fact at you dont them 800 youre going outside turn law to if and down want then at night Exhibit 36 the for to offer of presence or the not if jury there to some say Can reason has evidence. you have something you want to offer is have understand and the in and we see not Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 84 of 136 PageID #:885 evidence can you if do you can do it. in later do it later it right that moment Same have to publish ask to have it in 10 there but 12 if 13 better 14 read the youre have to it at to and MR. 17 since 18 publishing. FELDMAN there are THE COURT 20 MR. FELDMAN 21 THE COURT 22 MR. FELDMAN 23 photogaphs 24 detective 25 which area THE at things This do it the so if let you have two to or should that to can wait to go to to it jury so they can for them to address of that planning also its all go down something. right now on morning Okay. One Area If is there are already in couple evidence of the of general 5. theyre in up jury the And the three pages was want bring happen. publish you too youre going things shouldnt to If jury. Yes. are COURT if sidebar. quick it Maybe few 19 its if to jury anticipate wherever dont we to doesnt happen know you for things duplicates once and the when advance in need you things it usually give line especially 16 to ask or occasions going and jury almost are if it youre embarrassed the advance do sidebar. publishing published And 11 to and for reason then something little 15 no say ask with thing whatever for often then advance evidence you may publish Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 85 of 136 PageID #:886 146 them. MR. FELDMAN Okay. THE COURT dont anticipate 11 whole 12 it 13 which 14 Cook and MR. MC THE COURT MR. FELDMAN that are in the 18 read 19 corning 20 Services All CARTHY to So to of evidence notes your the extent that next wasnt is wanted jury parts is my right. Next the from admitted. Whats the he on planning read to few medical records when from COURT Do entire record MR. CARTHY MC Honor. your in wouldnt objection. went to of giving parts of Hunt Mr. clinic the the at Jail. County 17 21 COURT THE bhan an recall As were they THE document 15 16 CARTHY MC believe 10 hear -- is one. MR. Honor Another that on the we to them read bein rather going object have have object you no been to those objection provided to with portions all from of being the Cermak records Health plaintiff. THE COURT MR. DAVY THE COURT All right. Now whats your reasons for 22 23 That would also be Defendant Petrocelljs 24 25 Whats your reason for doing otherwise Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 86 of 136 PageID #:887 147 Feldman Mr. FELDMAN MR. that first of is fine with than having read me them to want thumb and there parts thats other it would through in isnt really that read to stuff of time rather save take minutes ten just. -- whole COURT lot is read and thought just the there they leaf through Whats the for reason objection your Mr. Carthy 10 MR. 11 plaintiff 12 and 13 as 14 some medical 15 6th which some well the 19 which 20 the 21 treatment believe THE COURT MR. MC time saw him the that THE documet should 24 page want be if And any at is to the Services of 16th by that of the February plaintiff indicate to us there was three weeks later March be it that just indicates medical services that extent believe produced also should time. We injuries and believe that the that was purpose for that duration the goes of to the received. COURT 23 MR. he Honor approximately What saw were Health CARTHY he injuries te that treatment we your limit themselves to from Cermak they 22 Well records the as next 18 CARTHY MC intends of 17 25 If but THE Mc hard all relevant. directly to Well would put you FELDMAN in think but you then don dont want Well actually they that have can what entire the put is to put that in page designated the in. as Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 87 of 136 PageID #:888 148 Exhibit our that. 18 Maybe of in this COURT instance speaks speaks do of actually for reading FELDMAN them give THE portion wouldnt publish 13 anyway. the 14 MR. FELDMAN 15 THE COURT 16 the 17 of 18 can 19 connected 20 sheet 21 in jury thing in you discuss the it with let in aspects. It MR. FELDMAN 23 THE COURT 24 MR. FELDMAN admission during the that document in decide to the of course way the by like the trial trial the or Thats anyway. room with jury with dont wouldnt publish that oral to be have minutiae as well takes forever and to sort the them. You thats testimony want to 22 25 into but thats going some go ever paper me the argument it in Something of of may not or may like Pardon course can jury that document. Something to but it. right. whole the COURT 12 All piece some involved objection whole the put the no out single whats like because of not know dont should their exhibit. in should dont itself you that you although think MR. 10 included think doesnt include medical records medical record. something instead the is have they THE part which passing around its as illegibility not necessary. Yes. Do you One have anything more. testimony We of the were else going to Plaintiffs seek Exhibit 27 Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 88 of--__ 136 PageID #:889 .1 blowup the of back the and ask that to be to published the jury. MR. been has we have dont CARTHY MC laid for that heard from THE COURT MR. FELDMAN THE COURT MR. FELDMAN to your believe Honor foundation proper by any of the it is it will be witnesses date. Not yet. Not yes. and may It if allowed. 10 11 will ask 13 sidebar for THE 12 might be COURT MR. FELDMAN 15 THE COURT 16 MR. FELDMAN 17 MR. MC 18 THE COURT 19 Well and well We 21 22 for the 23 24 25 work MR. defendant MC that THE seek admission guess admission. think depending All on the timing in the jury. that work until right. else Anything No. CARTHY have record. to seek idea. good 14 20 And when No Lets for your Honor. please hour one shortly everybody Your hadnt been COURT Would after all you four counsel we do prior to like to until two today. didnt guess Honor here well break and here. Apparently CARTHY bring are say that present. have the additional today. introduce him to the __ Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 89 of 136 PageID #:890 150 jury comes CARTHY MR. MC THE COURT schedule for 11 shortly 12 today. presence of the jury hour an after Good will go and four. Did we 14 MR. FELDMAN 15 THE COURT that of when the jury MR. MC THE COURT ladies like something then we will will be on somebody Yes Mr. hearing morning That have and transpired gentlemen. this. work your the and We will from two of part Our work CARTHY the day stand Hunt. Mr. Hunt would you take the about the please stand other matter That one yes thats Defendant. 19 Oh right. Be that wasnt seated Mr. Hunt. There 21 yesterday. Would 23 MR. 24 Ladies Weingart. is MC one defendant you like CARTHY and to Yes gentlemen now until again. 17 25 care proceedings the 13 22 take in today about 10 20 will following COURT THE 18 We your Honor. in. The 16 would here introduce him would your of the jury Mr. here Mccarthy Honor. this is Russell Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 90 of 136 PageID #:891 151 THE COURT Mr. Hunt 1understand Thank were you youre WITNESS THE COURT Mr. Feldman Yes Very witness as testified further you 11 BY Q. 13 were 14 brother 15 A. Right. 16 Q. Now 17 conversation you 18 conversation you 19 A. Leshurn was without when in we an left and believe off interrogation the had with Rod what had with Rod that conversation After THE WITNESS 22 After wasisort hauled examined was EXAMINATION into 21 25 DIRECT going COURT that sworn duly where with room romfl off that and Yes he he to just that Rod Mr. Hunt. your Honor. the hollered smacked after with up that of happened speak conversation Guevara of and Remember contents me Rod with Spanish You right in we were officer lying my face and sort came then like of into he that we your Rod. THE 24 HUNT alone were 20 it continue. may follows as yesterday you Okay. 23 oath. FELDMAN MR. 12 at you sir. herein FURTHER 10 do sworn well. LESHURN called previously under still THE you. Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 91 of 136 PageID #:892 152 there up smacked just right away know shoulders my me right back was in before BY Who Q. he told A. He Q. What 13 began 14 up 15 Q. 16 with 17 A. 18 Gaudio. came was room you chairs and just dragged back in the room where the he me pulled out me room same brother my you was youre lying to Who was he like. Lets lying. had returned start beating to in after you happened After A. immediately saying me interrogation 12 he face to it directing and my FELDMAN MR. was in right up took that 10 by me down been again me was for brought into that before in right back First slow were into that started same room you know was in he picking handcuffed. second. Who the room you Officer Q. Allen else anyone 21 Q. By 22 moment ago 23 A. Right. 24 Q. did 25 officer the Jaglowski way present Reynaldo and in believe the Guevara it was Nick room you just mentioned -- he at from hitting any you time ever or abusing try to you prevent any other -- Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 92 of 136 PageID #:893 i. A. No Q. What with Nick Gaudio Officer Allen in the same me 12 know was 13 handcuffed 14 exhausted 15 every 16 say Officer room interrogation Guevara Officer Noon Nick aftei that again right back was me. Officer back 17 the 18 Honor and little in me excuse Gaudio because the show custody Officer was they 21 said What 22 here 23 just 24 it 25 Q. and he like near to you my Leshurn and wall the so down think like you of would part right here grab me right here my arms he like was being down stoop back me would and and up grab me up stand can you was say to know you began grab doing start back he like began he to began then one was tired he by your them would just try that stoop you pants my He would hell then beginning and of tried to of 20 wall and again and to kind was time back this handcuffed the them with routine liar to What up and the in partners. calling 19 -- not were Jaglowski see smacked Noon was 10 Allen not he Jaglowski working and did more after with when you happened Okay A. no didnt. he me pull think would would up this just just and lift here what by my up me to throw take my arm and try to you know who was grabbing and you you and me and think and him he He would move block then know. hell you the begin face pants try just off this to put Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 93 of 136 PageID #:894 154 A. It Q. What A. He trying to Allen was know you of serious pain back up off me What and what him was happened off was there that think like something he would get Gaudio cool out for while doing just 1wasnt like you know like pants your by he hell then you when off or Nick was grabbing anything lean type Q. 10 would he block him or at was that after just know after he happened really looking You Jaglowski. know. you Im in me off up some little. Allen Jaglowski was this doing A. Nick Gaudio 12 Q. Were any 13 A. Alien 14 something. 15 Q. What 16 A. He 17 them that 18 where you might 19 stupid 20 know 21 that to 22 along with 23 along to 24 was 25 and of the Im not as well you what saying up know he tell was somebody say knew of wanted was me me to in like in He paper disagreement that. at this was going time. to tell no that me fucking was and wouldnt going along wanted you me know with time saying that you with didnt want and say. and was this else he that aint going telling participate else on didnt that You something he know saying something anything you was at anything saying nowhere going wouldnt sort to he like saying because hooking officers Jaglowski was try wasnt doing he to to go go that with he him Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 94 of 136 PageID #:895 155 Q. So A. Okay. then he what He will mind together you to going ass black Is out ask the me that like room for like things cooperate to Hunt now Im fry. stuff like He would he that Is know point or say our got to you ready fIm telling save you will You say to trying while little your mind straight you ready fucking and and got statement me walk back like You questions give would come didnt after he happened your all fucking kind crazy of talk. 10 Q. Was it just No he was talk at this did else something happy 1. 12 A. 13 my chin 14 at me look at me 15 lying tell me 16 me. 17 Q. Did 18 A. Yes you know he 19 Q. Tell the jury what 20 A. He would grab the 21 okay 22 just you know 23 stuff with 24 was 25 Q. and he like stuff and he the hold would grab my face me in my Im lying he would look touch would he you anywhere else other did with the chair and be chair back like and hitting and he me forth something you know of the than chair was he and look fucking like things he jam part say take me at Im me chairs chair What tell face my Look say grabbing the or eye by was grab madman and me that to face your stuff. chajr. was would all push on just crazy in my you the it corner me at back and know stuff. hitting you with like he Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 95 of 136 PageID #:896 156 A. was of part the part with hit the wasnt chair. really what was being with hit being was being the legs part leg the ends of trying to pay attention with but as could felt them hit because part the leg to see lilt my back. MR. FELDMAN THE COURT MR. FELDMAN Judge witness the may step out the of box 10 And Q. 1.. M. BY You Will position you were in 13 position you were in .14 A. 15 place 16 Like say the beating placed on chair 20 Q. Show 21 A. Okay. 22 maybe 23 this 24 my 25 with me your Say was on position the being was the hand were the 19 it you room right on the chair this here this is cuff side so the he was and wind up in then in hit with second Leshurn. on with them the chair the chair. took room. the would what Show the wall right here was placed -- the corner and in take he would take first. ring side whatever like wall the position that jury when second is the handcuffed. The doorway show were in the to you room 18 here forward how second okay step you the 17 it you want just 12 in down. step FELDMAN first Okay. may on the but position wind up position wall right here anyway like this when like he this. was or in here with beat me be Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 96 of 136 PageID #:897 --- duck trying to moving and hand would What Q. he would and was He was there and awhile. he He the and all He to try on chair the chair you leave he know jam it me on Are say stuff like and him. was move back my Show steady with and the my stuff. what jury chair. this would chair with duck down going the get the would he trying to up doing taking like just wind just with doing A. chair was know you and jam and with me the you know like press it me me then on talk to ready you that would are would he that for you lean ready off up .t1dl 12 MR. 13 to .14 the 15 an MC CARTHY reflect that Mr. as well as top in angle his Hunt COURT 17 MR. FELDMAN 45 degree All THE COURT 20 MR. FELDMAN 2. BY All it did 23 jammed into your 24 A. It 25 little pain felt could we and record held jamming the legs it by down at perhaps say it was even right. Okay FELDMAN What chair the right. Yes MR. Q. was the like angle. 19 22 and up would demonstration. THE about Honor picked seat the 16 18 Your feel Leshurn like on you your back can to take your seat. have those legs back it felt like you know. you know Like felt like burns didnt really you and know Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 97 of 136 PageID #:898 156 2. after much so me to but was trying it avoid know still feeling to just like know just you 10 with 11 A. 12 up 13 sense the Leshurn chair Did did to used get pain like say just trying block trying to numb like get wasnt like of the know and you make know you Q. How 16 A. Man 17 What did 18 say he would 19 me my face. 20 that 21 Q. 22 groin. 23 hit 24 A. 25 the loud he was them to hitting know you to and find the myself to way best way Yes sense he was like he you say Look were hit being told man like Whats them dont this make me Shut up telling no shut up that. saying he You Just me while you anything say hollered tell time any no and stuff 15 at anything say dont This in sort get beginning was Now you to to was how. Q. .14 was like began became began say me it didnt really like beating but know. you wouldnt the pain the feeling of shut would know look in my at up Shut say and me face then fuck up. times he at just you the look know at would me. stuff Look like there. Yesterday in Did the you talked say or about shout or being cry kicked anything in the when you were groin shouted groin. you shouted very loud when was kicked in Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 98 of 136 PageID #:899 159 Q. Show kicked in the Now Q. ev dence would as Plaintiffs Do you Q. What is A. That was 10 Q. The 11 A. In 12 Q. Outside of 13 A. Outside the 14 Q. The 15 A. Right 16 Q. Were 17 were 18 room right 19 A. Right 20 Q. When 21 noi 22 A. 23 like people typing 24 hear people talking 25 You recognize like what it. the outside were you to that there show you and know. you what is in 4. is that recognize outside it. office. what of station. police what room interrogation room you there times that Yes hear was alone alone of could and and it. were think were you you were that when that from outside know like Exhibits recognize Yes times shouted you Ah said Leshurn the loud groin A. es how jury shouted A. .. the in that in the you yesterday the you said there room interrogation room could you hear any room yes like stuff in heard lot like that there and could hear things of you like noise could that. Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 99 of 136 PageID #:900 160 FELDMAN MR. two ____ exhibits at this THE COURT MR. MC THE COURT Mr. Davy MR. DAVY would Judge 10 Q. 11 you No 12 that You No have We 13 photographs .14 15 A. no objections your HCnor. may. objection your Honor. Nos. and published. FELDMAN while the Leshurn Where the are jury Okay. just is say area the room at looking interrogation area detective general these publish objection CARTHY MR. this to time. Plaintiffs Exhibits BY like rooms that with thats depicted is on let me respect in ask to those this side right here When the indicating 16 THE COURT 17 THE WITNESS 18 BY MR. 19 Q. Let 20 opened from an 22 A. You 23 where 24 Q. 25 photographs me Indicating Right the left. indicating. FELDMAN ask it this way interrogation Leshurn room what do you door walk out is into 21 walk outright the desk is Is that the or into the front office you at. same something area thats depicted else in those know Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 100 of 136 PageID #:901 A. Yes it Q. Now Leshurn chair and agree to Q. Why A. Because what some flashlight the did you agree to from the me to doing Allen told him along with you. Q. 12 go 13 A. was exhausted 14 them. was finished. 15 MR. DAVY Objection to 16 THE WITNESS what 17 troubled You can inquire 20 BY being MR. and Allen 22 did 23 A. He 24 him on the 25 brothers you was this time when tired was you you decided to Well the interfered it not if molested by molested. mean by that was being with. going to wish you word being change to in his the testimony. examination. FELDMAN you Q. was Im into After 21 feeling at you COURT THE go tired of them was 18 19 were with Ill down got tired got Go ahead and 11 it and Jaglowski first shift know along eventually you statement give 10 How the fl tired of got officers was put did hit with did. other they after being point statement give Yes the at earlier with A. of is. said yes Jaglowski statement give and off he to statement what agreement with do didnt quite come like statement you would was me like and you telling to know reading me Look all my we Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 101 of 136 PageID #:902 162 to got will we look do that did going this say to and told know you certain dont want know 11 not know you that that and this No said there cant said he that. fucking He Im like know and trying to you even trying to like things what wasnt Im stuff to know person Im not began trying Im to to looked do give help me you You now. you like him not break you tell at man. you Im know you stupid. And 12 13 will 14 know was to come and this 16 tell 17 that 18 with 19 that. 20 down 21 told 22 and kept 23 all right and 24 say and 25 Q. me to and agree with this we to look him what you want to get that write because was did you it down all this like things agree looked and it took repeating like to it at again was after it he things that. ultimately and what because to didnt want he and awhile you to nothing stuff we trying awhile and and do to and down put down it he didnt have agreement No said crazy that just it and at different to acting did person came him You writing Why and told wasnt there then began to me that him told he said Well that say told it and to and looking he didnt want 15 no him Man Look and know 10 say this eliminate that. do say he eliminate could you said Then look do after wrote it then he wrote it down then he said he had me to Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 102 of 136 PageID #:903 A. harassing A. Yes Q. Do A. Yes Q. Will A. He on this RYAN Jaglowski arrive today out please. 14 Attorney 15 A. 16 guy 17 type 18 table but Im 19 Q. When 20 A. Since 21 the 22 Q. 23 Assistant 24 was 25 A. who not right here. the May are took came side record States reflect that Attorney the Joseph plaintiff Ryan. FELDMAN Leshurn from the not was the but room sort of positive the that the is States statement the he that sure you positive guy and last he was feature he him you over was the he was there at young the guy. first time the the States Attorney the saw look just looking thats that time last time know you was at station. police Now when the police States Attorney alone He Allen with States Attorney court him Assistant MR. Q. he in point you 13 of know you do. is Im him see you BY that him did. identified 12 tired of got statement the Assistant an he MR. has over going eventually 10 because it me. After Q. did to agreed was or was he when with he station came into excuse the me when interrogation the room someone first came in the room with me Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 103 of 136 PageID #:904 164 Q. Yes. A. Where Q. Yes. .. believe A. What Q. at was he was alone. while you happened were alone with that Assistant States Attorney While A. he me asked and he believe 10 then 11 looked 12 that stated he to began tell lawyer 15 me 17 can 18 to My said 16 do. Im say to what at me here to take he Im just and he that took him when he it and was statement seat And told me happened. say let me call They been my beating sore. are looked And me at man tired room and They wont say legs the give looked him said sir 13 in States Attorney Assistant name to his ready you the came him you know at 14 with he say Are say he alone was he and your said Thereis statement if nothing youre ready statement. give 19 like saw 20 other eye 21 know 22 was 23 know to like like was know wondering going to we and contact eye was you just you give began know stare looked at because hand me to on at him MR. DAVY 25 THE WITNESS Objection but to it the something conclusions. didnt go that you thought -- 24 each way. he you _____ Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 104 of 136 PageID #:905 COURT THE was spontaneous BY Q. When Q. you said your legs do not part any 10 MR. DAVY 11 THE COURT 12 BY 13 14 MR. 15 BY Q. 17 that 18 A. show THE of were did else No sore to you do AssisEant the anything dont remember else doing no. Assistant an States Attorney any body your leading. Sustained. WITNESS When your FELDMAN Let me MR. FELDMAN you said before legs were believe sore DAVY 20 THE COURT 2. THE WITNESS 22 THE COURT 23 THE WITNESS 24 BY THE believe another ask you did said you to do question. the States Attorney anything else did MR. A. response overruled. is there Objection 19 25 the believe A. 16 was exactly ever you injury on who anything else Did objection FELDMAN Did anything the wasnt asked question MR. States Attorney A. The Objection asked and answered. Overruled. So You whats may can speak answer. Okay. WITNESS showed the States Attorney my legs. You Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 105 of 136 PageID #:906 166 know believe that was in concerned DAVY Objection. THE COURT MR. speculation 10 to as else somebody BY 11 In what Q. 13 there 14 that 15 A. He 16 Q. What 17 A. After 18 minutes after that 19 returned into was 20 21 know 22 pushing the 23 saying You 24 dont 25 asswhipping into you the his have the fact been there that in was mind of the sustained. is it little said after he happened said room the would say Allen short very about few Jaglowski he room. you crazy know act he you you like nigger to the take you to began He again. hard pushing fucking dont left room You fucking What do. was the real States Attorney the room. the little chair said after he left said He might could happened back of objection he out he terms earlier you nothing left wasnt he FELDMAN 12 Leshurn but there Leshurn that MR. hurting was FELDMAN COURT THE that that Sustained. Now Okay. him that. MR. BY Q. told stuff like and pain about him told began chair an like start you to start you know asswhipping to take an Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 106 of 136 PageID #:907 167 You he was him man dont he was saying this looked at You say like saying there and at know on that and you face and in have to all through go his on right man come all what that he wanted me to know that looked just said Allright We him told again. this know you do. know you stuff like know you said All right to him and telling and him telling fucking know you All right him told in gave like there. Did touch 10 Q. 11 when 12 A. 13 to 14 would snag 15 know and 16 Q. Was he hitting you 17 A. No he wasnt hitting 18 remember. 19 Q. What 20 A. He 21 like 22 it 23 know 24 there you know 25 telling he push he was in the Yes he began me on real hard You he and like him that like push like okay it. He was to this did me you and that this and you part he at me. time this of not as on you it can stuff You know. he was jerking on names and know chair the saying that know specifically asswhipping an look chair pushing know you there you just at the chair and that chair time this shoulders began here face at point my my top like on like with the any it the the was like take in with me this shake with doing like on you just at you with right there me was pushing to chair look was room hit shoulders my the or you like like fucking you that Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 107 of 136 PageID #:908 168 What Q. was when your response he came back and did him Okay man all in that A. My response right we dont Q. Did A. Did Q. Did to have him see see you to was told this through go that see you him more. no States Attorney Assistant again again him after what again with happened Allen Jaglowski A. Yes 10 Q. How 11 Jaglowski 12 A. 13 like 14 you It soon was about know and there was then Allen 17 they 18 time. 19 Q. 20 put 21 A. Yes 22 Q. Did 23 courtreported 24 A. Yes. 25 Q. Why was or Did your you name did he told you the put back in would minutes me and know after you bit it yes him the when sign Are but Assistant they were came he at only your name to the in put your name to the that back give time of bottom that statement statement you to there at printed. bottom Allen States Attorney courtreported didnt sign came ready you bottom Sir with something say him took say he told eventually did. you eight Jagiowski to again. little time together him come almost this 16 seen did he seven statement 15 did of Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 108 of 136 PageID #:909 courtreported Because A. jl statement name had couldnt other choice. no but put my there. Now Q. said just you moment ago printed you. yolir name. A. Yes Q. cthy A. Because print 11 there. did you Im say 10 did. 12 not And work 14 Q. Let 15 as Plaintiffs 16 17 on not THE COURT know you man it say he you Jaglowski Ill say know Okay like that that will there. whats CARTHY MC sign that Exhibit No. 19 The 20 out 21 of 22 MR. signature 24 25 like you MR. it Allen been marked for identification we may have 23. Your Honor if sidebar this. 18 23 to told Oh yeah said show me name said sign going on come to going he 13 too him told Im it. print your is following of the the proceedings presence and transpired hearing jury FELDMAN You can look at the Its exhibit. the line. MR. that Yes. MC CARTHY selective Your edition Honor editing our of objection complete to that is document Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 109 of 136 PageID #:910 170 which There that. I. should all COURT MR. MC of 10 just want printing 12 13 Its 15 was 19 demonstrate what not was 21 show going to foux approximately it be not to was 25 in the question about the time. line just for the whole his thing on later fine. name. think that this is even response. useful as to you to stipulate that signed Well it would now like them would but see to like mean them to see printed. Ill allow whether The that printed. dont just cant purpose a.m. signature the printed publish COURT 24 the use fairness it no same stipulation 455 was is COURT Well actually as to he FELDMAN THE rains want they MR. Im signed to printed 18 was showing Would it is the simply having exhibit under necessary 16 by an THE there. there achieve can There simply to 14 initials on it. believe FELDMAN If on other are that. statement MR. There in. see CARTHY Feldman time the Can COURT You THE Mr. brought other annotations are THE other pages you be it will following the it go in to evidence. the proceedings presence and jury The in that transpired hearing question form or Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 110 of 136 PageID #:911 171 of COURT THE BY Q. Let of me the let ask is you me Q. Now Leshurn Because A. 11 wouldnt 12 wouldnt hold against 13 way It. it Now 15 Petrocelli 16 you how you 17 18 MS. A. 25 He or court at appears you No. 23. bottom the gave rather print your name than script name print the that printed were reporter much like anything while you name. in that did know you thats that my know you Objection room with Petrocelli assumes ever ask fact not in overruled. MR. leading and THE WITNESS asked COURT me how Excuse was me It doesnt assume MC CARTHY make the Your on treated. the fact COURT Sustained. on in would Honor objection grounds not that it the treated DOOLING never THE 23 24 were BY THE 21 22 the me Exhibit evidence. 19 20 you would if know you Leshurn and did that wouldnt mean really felt so 14 statement feel name your cursive 10 Plaintiffs you how why name in your show that courtreported Yes. right objection overruled. All FELDMAN MR. Leshurn A. write jury the basis. stated evidence. suggest its it Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 111 of 136 PageID #:912 172 FELDMAN MR. elicit j. negative Its question. to way ask any Leshurn did the 1.. No 10 Q. After 11 statement 12 were leading There answer. is one only about States Attorney Assistant the Chicago ask you officers police didnt. he your name to you put what was the reaction who was present bottom the of the of police that officers who present First 13 14 A. At 15 Q. What 16 bottom that time was it Allen was their reaction 17 MS. DOOLING 18 THE COURT 19 technically the to designed Wrong. FELDMAN A. not question question. COURT questions is itts suggesting MR. BY Q. which not the THE Judge Jaglowski after you Objection Overruled. calls He can and put Nick your Gaudio. name to for conclusion. speak to what the he observed. 20 BY THE WITNESS Their reactions 21 A. 22 was happy you know See 23 and then would 24 over 25 like Nick now they Gaudio you know was excited were and it how easy tell was like you know that see you me See see Hunt their reaction about was it you was know. they they was know its all happy Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 112 of 136 PageID #:913 BY Leshurn Q. you 10 were at A. No Q. Had you were No Q. When had at first time 14 Q. What did you 15 A. They gave 19 Q. 20 you 21 to ready after of Leshurn It was your criminal A. Yes it 22 Q. At States Assistant whole the during time during the whole time got to something eat while get 23 A. No 24 Q. What 25 statement something back downstairs name on the statement. and brought who believe that was it that it was it two when to they the was lockup you for of pieces bread and it. you for Nick was eat to Gaudio statement if Im not ultimately mistaken. used against trial was. trial your it my brought believe at drink to down me me bologna who got take printed And A. the Area room 18 food first time you the is 13 17 any that Area getting piece had anything 12 16 you point didnt. The A. had the Area you at were until didnt. A. you up arrived Attorney .. FELDMAN MR. was was not the no. outcome of that trial without the ___ Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 113 of 136 PageID #:914 174 A. Can you Q. Were What Q. found Q. Where A. In 38 some over these COURT 12 No 13 MR. MC 15 MR. DAVY 16 MR. FELDMAN at 19 written this into before the point would like to record and have gone started. we right. objection 500 about CARTHY No your Honor at least not prior No a.m. objection. These held again for uncontested are about 23 hours at facts. the February 16 1983 plaintiff statement was taken on station gave statement. The 20 21 Petrocelli 22 County. 25 All After being 18 24 facts at Center. to. 17 23 Judge counsel THE sentence Correctional uncontested 11 14 Leshurn that serving FELDMAN with trial the years. Statesville read at guilty. are you rn. innocent guilty or your sentence was received A. 10 found you was A. -- written who When Petrocelli was was he an took acting Assistant the under Defendant States Attorney statement color Plaintiffs statement by was for from plaintiff of state not Alfred Cook Defendant law. introduced at his Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 114 of 136 PageID #:915 trial. criminal BY bologna where sandwich A. the after you Leshurn Q. Q. FELDMAN MR. taken was Were to with or and you had the taken you downstairs alone you were statement the gave lockup someone room. else while you were in lockup alone A. was Q. Where 10 A. was 11 Q. 12 A. 13 handcuffed 14 Q. Was 15 A. Yes 16 Q. Who 17 A. It 18 Q. Was 19 A. He 20 Q. How 21 A. At 22 Q. Where 23 A. They was in 24 Q. When you were 25 those How were by there by behind my anyone else in in were the lockup building. there taken you after you court to taken was taken you taken were myself. and was paddy wagon paddy wagon paddy wagon back. the there was. was brother my he he cuffed or was cuffed behind many that were the too. uncuffed officers time in was his were there was back. in two the paddy wagon officers. they the in front. the paddy wagon were you able to see officers -. Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 115 of 136 PageID #:916 176 1. Yes A. glass ___ like size like real clear. know but you could see me. 10 Im Where 12 you 13 A. like see were not were holes in know that you it to believe too you sure then know you see that had about the cOuld see side you them and they wagon paddy taken was like had they you each on in they that could know taken and like screws four you to taken California. Q. could where was you had They size okay this little there that Now A. with okay like had They glass about screen Q. can. you to 26th and though. where taken in that building were to taken taken was to I.. Now did you 15 A. Yes did. 16 Q. Do know 17 A. No 18 Q. When 19 feeling 20 A. 21 though you 22 custody to 23 feeling. 24 Q. 25 conversation you at Judge eventually what time Urso believe. before appear that Judge Urso was dont. you that was When see before appeared know you Urso how were you point exhausted. see Judge the was was judge appeared with glad the you that know. before judge glad the to was the see released Thats judge how judge from their was did you have Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 116 of 136 PageID #:917 A. YesIdid. Q. What did you A. cant them. told made me let me see remember the Thats said something 10 A. There 11 nowhere 12 Q. 13 the 14 A. Yes 15 Q. To 16 A. The and After judge that 17 all remember Your Honor they Honor. your can else remember thats but lawyer PD was some beat said They of me and wouldnt public took the case. you told the judge there any all could know. you have remember. at that hearing defender just came out of what just said you told representing just was you you entered orders there were. what effect ordered judge this sayTake him 19 said you know 20 pictures 21 Q. Were pictures 22 A. Yes there were. 23 Q. Who took 24 A. The public 25 Q. Now when taken that my of that defender public 18 he but words say things there Was exact lawyer. my Q. judge the judge those say tell man in taken pictures me that stuff like and of defender of me back the ordered judge represent told lawyer me the and and then that he believe there would be told he be that. you you and youappeared another guy. court that in day February 16 Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 117 of 136 PageID #:918 178 1983 and had injuries on A. What Q. Did when the your do in A. Okay. Q. Did A. Yes Q. Lets 10 A. Okay. 11 Q. Did 12 A. Yes. 13 Q. What 14 A. 15 loose you know 17 How 19 Q. 20 you 21 A. 22 know 23 to the 24 my arms 25 grabbing just work you from have kind the could and day visible see on your pictures able was to taken were see that body your body were injury did you slight like skid mark FELDMAN MR. down. top injuries on any of head your have on your on slight bump my head head and like. For the the record center the of plaintiff his is forehead. FELDMAN did you receive that bump on your forehead that described believe by you injuries on your approximately BY 18 you did. MR. indicating that injuries that have had 16 injuries that court The you have did that mean by have you taken body you were you pictures received me kept wall was me and trying to stuff when being and handcuffed grabbing me that duck on my forehead turn my head bump and was being handcuffed and Allen Jaglowski by my face and stuff you by you know one of kept you know. Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 118 of 136 PageID #:919 dont there but ____ Do Q. it know the was there in between got know you that if whether you exact that during that it got time. before that got time after the or lineup A. that got after Q. Did A. Yes it did. Q. Describe the A. It hurt it was the know. 11 Q. 12 injury that 13 A. The 14 Q. Yes. 15 A. 16 collarbone. Im 17 the left 18 shoulder 19 Q. 20 A. got 21 Q. Qhich 22 A. Im 23 because 24 during 25 because Lets work front of had an right or your forehead the jury. know had your body. visible was to you down lineup. bump on pain like 10 the on your Now body headache what was next the front of the you body your body my injury right here not like too sure but it get that was what somewhere on my side whether had somewhere it was mark on on my like. How did that from officer not never that you too an do sure had burning your collarbone officer. you remember which officer chance time you know felt injury on to but marks that put actually knew something look the there at mark like was my was on me body there stinging me Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 119 of 136 PageID #:920 180 you know all in By the way Q. when you were in back my and shoulders my what Leshurn the on were station and police wearing you when you on your were in top court A. Okay. white was jacket believe shirts on Q. Now A. Right 10 Q. How 11 A. They 12 Q. Describe 13 A. It 14 pain 15 Q. Did 16 A. Right 17 lot 18 Q. But 19 A. Yes you 20 Q. What did it 21 A. You 22 like 23 Q. 24 you 25 was was to that the to groins affect pain like that it. groin the were you court in pressure. know you inside of going to it was like stomach my functions your bodily be was to T-shirts two like pain the hit felt felt pain burning today then know my Now were what when still painful. like my feel were that and like. at all washroom the whole know in up said earlier you blue believe believe on. did your groin from you you checkered had and Tshirts two had wearing at Did did affect it know it received feel like felt stomach how like you you to from went know to Itd washroom the that too. washroom the catch cramp like said earlier you the police have went swelling when you you you were hit on the shins station. any visible injury on one of your while Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 120 of 136 PageID #:921 _-ishins A. You Q. Shin your A. Oh. like on of leg bone had up my What Q. chin Yes skinned both my mean on it like lower leg my okay my up skinned real was bone. shin boneit like reddish like was legs. did that like feel Describe the to pain the jury. A. It Q. Did A. Yes 12 Q. What 13 A. 10 .14 felt have you kind What 16 back 17 A. 18 burning 19 Q. My me they real did like you get believe was 22 Q. When who 23 A. When Allen 24 when 25 you hitting me know was stingy 21 was know they did your back Okay he injuries did you backwas How 20 of like like you know Q. injuries to any painful you know. your back back your did. had 15 real was It painful. with was burning back the on had long marks was like red like. me marks know you on on it back my your was just like. those the marks marks on your occurred back on my back when he chair. hitting you me have like those feel Jaglowski picking the the you up was by lower the with the hitting back part of chair me with the frOm the my belt part chair back and of and my just Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 121 of 136 PageID #:922 182 me grabbed into Now shirt and my wall the Q. of by like just kept the see snatched just throwing did you Leshurn and jacket me in me up wall. that pictures were taken your injuries A. Yes Q. What kind A. They had did. of camera were instant an develop with taken they that camera the develop films right away. Did Q. 10 injuries 11 A. Yes 12 some 14 opposing officer FELDMAN about At station 19 Weingart plaintiff appearance 22 Police the noon this point which no against At no on in have would your like over gone Hunt and of time during the to read with Noon hours in Cook the at police Kaupert Guevara. until hi custody County the Defendants and arrest his judicial 1983. with did plaintiff the 16 23 contact was before brought February Gaudio time of time any first times was Leshurn Department At force at facts Jaglowski 21 23 Now was various From 20 show accurately counsel. at 18 truly and did. Plaintiff 17 25 pictures more uncontested 15 24 they MR. 13 16 those of first court the Chicago Sheriff. resist his arrest or defendants. did plaintiff try to flee front the use -- Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 122 of 136 PageID #:923 officers. When 16 1983 back and bruise shin. of skin. BY MR. scraping still have 11 A. 12 back 13 marks .14 Im those marks any of those not too sure anything on leg my his noon on forehead February collarbone injuries included discoloration including and shin including right FELDMAN Leshurn 10 on at his these right collarbone red bruise court in injuries to Specifically his swelling or had plaintiff on Q. first appeared he like marks if that though that on have your you body know them of any think there. my on do you body your still on had you still shin part on my the got right here. 15 Q. Do 16 A. No 17 Q. Now 18 medical 19 A. Yes 20 Q. Where 21 A. 22 room 23 Q. 24 there 25 A. after personnel the Did Yes feel dont any pain from no. court were you taken to be seen by any somewhere was. was in still you were you taken taken County you was Jail speak did. to taken downstairs to the intake like. doctor at some point when you were Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 123 of 136 PageID #:924 184 What Q. A. did you had as told know you the doctor that tell doctor what the doctor asked the doctor what happened me know you as far said What he happened told jumped and on told take my some Tylenols 12 some type 13 or of 14 MR. 15 uncontested 16 facts. 18 February 19 Services 20 collarbone 21 they salves on Now that back police station told they and some clinic me to they gave me salves they put dont know the like name of would 23 for identification 24 you if 25 A. as recognize do. Im done with thats had there point at the the is more uncontested 16th Cermak one of Health his forehead you what has been Exhibit No. 27. injuries to shin. Leshurn Q. this personnel plaintiff and 22 at and medical FELDMAN Yes that off that afternoon that MR. you at okay like back my read to 1983 BY me the was that. fact found receive shirt my at that me. like gave FELDMAN Later 17 took and like anything did you treatment off shirt know you jumped they treatment received A. 10 that him What Q. officers some by said happened. like to show Plaintiffs this exhibit. marked Ill ask Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 124 of 136 PageID #:925 Q. What A. Thats Q. You A. Okay. it is the photograph taken of voice up. me by -- one T.1 of me have to keep That when was judge from my some other guy. was at your one 26th of and the California defender public from dont know actual his Now is this the enlargement of that photograph Q. the exact picture. mean the photograph 12 one small one. 13 Q. Is 14 A. Yes it 15 Q. Now Leshurn 16 old injury shown 17 A. Yes 18 Q. Where 19 A. Its 20 Q. Do 21 A. Yes A. 11 pretty 22 like 24 back. Mr. on Hunt saw the defender public my and name. or that of it is an Thats exactly photograph. version had wag taken was taken was of those photographs one small is. on you THE bigger in in the thats MR. 23 25 this after photograph Thats not 10 that photographs back left photograph is there kind some of photograph lower your the this injury right here. is the old injury side the lower that old injury on still have part of my your spine. back do. FELDMAN to Judge show COURT the with jury your permission that old injury that would is on his Why ________J Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 125 of 136 PageID #:926 186 his that FELDMAN THE COURT MR. MC THE COURT thats his COURT MR. FELDMAN THE COURT 12 MR. FELDMAN 13 THE COURT 14 MR. FELDMAN 15 THE COURT 16 MR. FELDMAN 17 For the is 19 above 20 horizontal the scar as All objection any your Honor Or right. do want you to stipulate No All we would like to see it. right Turn You around can go out in front of the jury if dont Why Stand you turn right in front of the jury. here Over Yes Okay Leshurn to lets walk over think we can indicate left of Mr. Hunts the that spine here. there just waistline CARTHY 22 THE COURT 23 MR. DAVY 25 No record MC 24 identified is want MR. 21 this sure right All CARTHY THE 18 make to back MC you Oh. CARTHY MR. 11 Just back. 10 I. MR. didnt get chance to see it may. Mr. had you. BY MR. FELDMAN Davy an opportunity your Honor thank if Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 126 of 136 PageID #:927 A. No Q. Leshurn those from come scar the anything police did officers ____ did that Leshurn Q. sir. this is photographs Ill agree fair and that you saw with you its MR. FELDMAN THE COURT Judge an accurate blowup adequate blowup have may sidebar of one of yes. at this time 10 with just lead 11 12 13 think can do off the record. over this here counsel. Sidebar conference MR. FELDMAN Judge THE COURT offer Plaintiffs its photograph of With the that stipulation time 16 MR. FELDMAN 17 THE COURT 18 MR. MC 19 THE COURT Mr. Davy. 20 MR. DAVY Yes your 21 THE COURT may. 22 MR. FELDMAN 23 we 27 at this time. 14 15 Yes. publish Yes that Is 24 THE COURT 25 MR. FELDMAN the what You And at Exhibit You the fact that place in court. place. time you and wanted Thats correct CARTHY Plaintiffs at and on Mr. McCarthy your Honor. Honor. this would point like to 27. may. May show it to the jury and then have Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 127 of 136 PageID #:928 188 handed it them to COURT THE MR. Plaintiffs Exhibit No. 27 FELDMAN two more questions. Thank BY Yes. when you FELDMAN MR. hear noises were an outside of the Yes. 11 Q. Was the 12 noises 13 A. The door 14 was 15 opening 16 Q. 17 was 18 A. And the door closed and you and someone could while the door The door MR. FELDMAN 20 THE COURT its now 22 breaking 23 24 25 probably shutting could you could you also hear room. hear also hear while you know those while it someone it. were hitting in you. the room closed further No Well just as questions. think well to rather than start the break with natural cross point. We will lets make gentlemen but when could you shut. was 19 21 closed officers or open interrogation or time periods some room and interrogation open was there were that in A. it said alone 10 closed or you. Earlier you Q. Just one published. be it start the five back crossexamination minutes here by of five two. All minutes of lets right two we make it ladies and will start Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 128 of 136 PageID #:929 189 then with cross examination Remember matter jury. Now let wait Everybody Dont anybody said about discuss discuss 13 proc nice and 21 22 I. 25 keep this dismissing front come your minds yourselves dont amongst of corridors and lunch Im the you. Remember what hallways back ready open throughout to work the ding Mr. Hunt THE WITNESS THE COURT The jury Court 16 of throughout seated matter in open please. remain the it elevators clearheaded your minds minute please Have 10 keep is you is may Thank But wait from down during the recess. you. until excused. adjourned Recess step the Everybody until 1225 jury is please excused. rise. 155 p.m. to 155 p.m. Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 129 of 136 PageID #:930 190 CLERK Case THE The il following out of before we of the Do deposition. it 11 12 please you to take care of in bring have the have to go jury. this yellowed part through it now wont go through but the of can now. COURT THE Please and we it right now. The 14 out 15 of following of the THE COURT 17 Mr. Hunt. 18 Mr. McCarthy 19 MR. MC 20 THE COURT you understand Good WITNESS 23 MR. MC called as were still hearing you under May it and ladies about Yes your CARTHY witness and afternoon Hunt LESHURN 24 transpired to Thats correct Mr. youre THE presence you CARTHY 22 proceedings jury the 16 25 hearing matters any Judge dont We 13 21 have we FELDMAN tender and presence transpired forward go Would 10 proceedings jury the COURT THE trial. on gentlemen. start your cross. youronor. were previously sworn oath Honor. please the Court. HUNT herein duly sworn was examined and do Case: 1:04-cv-04992 Document 50-6 Filed: 12/03/09 Page 130 of 136 PageID #:931 Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 131 of 136 PageID #:932 509 sides to start go about talking faster or silly issues you down with sit want to MR. evidence this go of other trial about talking out each with forward FELDMAN We presence of the jury COURT 12 You may 13 MR. MARGtJLIES Richard MR. you keep Your MARGULIES up WITNESS 20 testified witness as as of if you indeed both the down after it making getting all these much how sides. close of the hearing please. witness. Honor Good nice the plaintiff would afternoon and Crawford. Mr. loud. Sure. ARNOLD herein DIRECT BY transpired CRAWFORD duly sworn was examined follows 21 22 and your next call RICHARD called either call Crawford. 18 19 sit seated Be your voice THE 17 all even proceedings the THE 16 it in 11 15 of and today. 10 Mr. terms deciding will The following 14 room there that your strategies way the in in MARGULIES MR. 23 Q. Could 24 A. Richard 25 Q. Where EXAMINATION you state your full Arnold Crawford. are you living sir name please. and Could Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 132 of 136 PageID #:933 510 A. 1429 Q. In A. Yes Q. Are A. Yes Q. Mr. A. Yes Q. How A. He 10 Q. How long 11 A. For about 12 Q. Mr. Crawford 13 February 14 A. Yes 15 Q. Tell us 16 A. 3437 North 17 Q. Did 18 A. Yes 19 Q. Who was your 20 A. Leshurn Hunt. 21 Q. Mr. 22 A. Yes 23 Q. Did 24 A. Oh yes 25 Q. Did West Lunt. Chicago sir. sir you from Chicago sir. Crawford named man Leshurn Hunt sir. is it know you friend is of you know do have of him sir mine. him you known seven now. years do you remember where you 1983 do. where. Damen. have you roommate at that time did. roommate Crawford he Leshurn did pay rent did. Leshurn the sir help you out with the yes. two of you split expenses bills were living in Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 133 of 136 PageID #:934 511 Lii 1. A. Yes Q. Mr. Crawford the evening now to A. tJmhmm. Q. Do A. Yes Q. At someone some Yes 10 Q. All 11 A. Okay. MR. 15 BY 17 to 18 A. 19 the 20 Q. And 21 A. Yes. 22 Q. Go 23 Go 24 A. 25 Q. 1983. night sir that MC Can CARTHY evening what happened did to the Your for us. door Honor time to as Thats no may if so could have we were not problem. MARGULIES remember you Crawford Mr. the during describe you questions MARGULIES MR. night that during went 14 Do your attention did. they foundational Q. direct to 15th your apartment right. 16 like Fe1.uary of point to MR. few would do. come 12 did. remember you A. 13 we approximately what time we are about about talk Not know exactly. Im morning. this not the is too night You were ahead. for it was around four Which some of about door knocking five in sure. February 15th to tell us the door and ahead. heard or on what happened. Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 134 of 136 PageID #:935 512 door. A. And Q. Did A. Yes Q. What did you A. They said Rodney Q. Did you 10 A. Just 11 Q. Do 12 A. Yes 13 thats all. 14 Q. Who 15 know 16 A. Leshurns 17 Q. Okay 18 A. And 19 and 20 As 21 then 22 my 23 Q. 24 the 25 A. went hear you the back to an door asked and who it was and answer did. hear hear one one person Rodney. answer person Rodney said Rodney. .I you know not soon head went police All door No. the came you right. did you to Rod was opened and but just in February of him by know 1983 face did you who brother. ahead go so as the know Rodney be to said it named well very did you Rodney he anyone Im the Now hear back door just door came prior anyone to asked went door Rodney the and and Rodney into know sorry. was and else open pulled they charging the to point outside who put it the aside was door. and the gun you opened up in. that besides Rodney to Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 135 of 136 PageID #:936 513 When Q. .. went you to door the could see you anyone else outside A. No. Q. You.said came in police tell you In plainclothes. Q. By that A. Regular Q. Let uniform 11 A. 12 means MR. 15 BY Once 16 Q. 17 happened 18 A. 19 are 20 police They you they dressed were sir have COURT way this Was anybody wearing police seen. Counsel expect Im MARGtJLIES know all we what he me what these came know or were people in know and do anything 22 you 23 Q. Excuse 24 A. They 25 need shut Honor. your MARGULIES MR. you sorry know you you inside the to me sir said warrants Shut what the swore them assumed around at me up And and say you said Who they were you have that asked Do just did they fuck tell you asked but search they can have didnt know exactly warrant no that point plainclothes. by 14 21 it put that THE the clothes. me Not At in. they what mean you came how us A. 10 13 can the they told me then to you know We dont to Case: 1:04-cv-04992 Document #: 50-6 Filed: 12/03/09 Page 136 of 136 PageID #:937 514 i1 Q. All right. A. And then shut. ent way Then to to me started they the told they -front room know you searching and keep and everywhere searched they to just mouth my the other on their everywhere front room. the Then picked they Leshurn up from where he was sleeping. Where 10 In the Is this 12 A. Yes 13 Q. Go 14 A. And they 15 gun the 17 Yes. 18 guns 19 All 23 24 25 the the do room Im were They right. They towards hirt on front were Can Lck in front room. know you the room he was the sorry front please searching room. ahead. go everywhere asking is there house. They 22 room bedroom ahead. 16 21 sir sleeping in sleeping in he front 11 20 I. was you if asking said Where You describe the him kitchen was is said that picked just there gun the gun they went in Where they arrested up and you was and he do you keep him know he house arrested and how where the dragged him didnt have no or anything. Lets go into remember it that. What was was you know he wearing didnt sir have no shirt