Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 1 of 132 EXHIBIT Transcript of Recording Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 2 of 132 Page 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: DR. JAMES ERIC MCDONOUGH, Plaintiff, vs. KATHERINE in her official capacity as State Attorney, EleVenth Judicial Circuit, Defendant. MEETING BETWEEN DR. JAMES MCDONOUGH, CHIEF ROLLE, ALBERT LIVINGSTON AND DETECTIVE AQUINO February 7th, 2014 APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page ATTENDEES: Dr. James McDonough Chief Rolle Albert Livingston Detective Aquino Page 2 APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 4 of 132 Page 3 THEREUPON: 2 (Audio commences.) 3 UNKNOWN SPEAKER: Yeah. Yeah. 4 CHIEF ROLLE: Hello. Hey. How are you doing? 5 DR. Nice to see you. 6 CHIEF ROLLE: How are you doing? 7 MR. LIVINGSTON: How are you doing? 8 CHIEF ROLLE: Sorry about that. I've been 9 driving all morning. I thought I was I was 10 downstairs when you got here. But, she texted me. ll I didn't get it. 12 MR. LIVINGSTON: All right. That's all right. 13 CHIEF ROLLE: I was downstairs. But, you're 14 with him? 15 UNKNOWN MALE SPEAKER: Yes, Sir. We're 16 together. 17 DR. MCDONOUGH: Come on in. Come on in. 18 UNKNOWN MALE SPEAKER: I wish I had met you 19 under better situations. 20 CHIEF ROLLE: No, that's okay. Come on in. 21 DR. And, wish I could have met you 22 in better situations. 23 CHIEF ROLLE: No, that's okay. Good morning. 24 Ah, man. 25 DR. MCDONOUGH: And, I have met you in better APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page Page 4 situations. CHIEF ROLLE: Tell me about. UNKNOWN MALE SPEAKER: GO ahead and CHIEF ROLLE: I'm doing a thousand different things this morning. I was clear when I spoke to. you. I was clear with everything and then, all of a sudden, everything just went haywire. Oh, man. (Indiscernible) right quick. UNKNOWN MALE SPEAKER: That's (indiscernible) wife there. Right? (Indiscernible). DR. MCDONOUGH: Where? UNKNOWN MALE SPEAKER: In that picture. DR. MCDONOUGH: Oh, yeah. Yeah. All right. (Indiscernible) Michelle. UNKNOWN MALE SPEAKER: And she's DR. All right. UNKNOWN MALE SPEAKER: Yeah. But, she's tall. DR. MCDONOUGH: Yeah, she I Yeah, she is. She does seem pretty tall isn't she. She Unless she's standing up on something behind him. Maybe, she's like on the steps at You know, like a podium or something; UNKNOWN MALE SPEAKER: Oh, maybe. DR. MCDONOUGH: like a stage. Because, if not she's had to be, like, seven foot tall. APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 6 of 132 Page 5 UNKNOWN MALE SPEAKER: I like that one, "Stamp 2 Out Crime". It's pretty cool with the refer behind 3 it. Look at 4 MR. LIVINGSTON: Oh, man. 5 UNKNOWN MALE SPEAKER: I like to meet the 6 first lady, huh. 7 CHIEF ROLLE: Oh, yeah. Yeah. 8 UNKNOWN MALE SPEAKER: NOW, is she really that 9 tall or what? 10 CHIEF ROLLE: She had on heels. But, she's 11 tall. 12 UNKNOWN MALE SPEAKER: Jesus. 13 CHIEF ROLLE: Yeah, I was 14 UNKNOWN MALE SPEAKER: She's up there. 15 CHIEF ROLLE: I met I've got a picture with 16 both of them, becauseluncheon 17 out at the hotel in Coconut Grove in Gables. 18 What's that hotel? Biltmore. 19 MR. LIVINGSTON: Biltmore. 20 CHIEF ROLLE: Yeah. Myself bought a table. 21 DR. All right. The football star. 22 CHIEF ROLLE: Yeah. We (Laughing). They 23 had the money. I couldn't buy it. They bought the 24 table and it took me awhile and mailed one and a 25 couple of people in that have been Me and my APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 7 of 132 Page 6 1 daughter and my grandson took a picture with him. 2 And, when he came out of the room and he was 3 like We were talking. So, he was telling me 4 He said, you know, thanks for helping me out. I go 5 what you mean? He goes you?re a police chief and 6 you're in uniform and you're talking a picture with 7 me, he said. You just don't know how how how 8 big that is for me, at the time. And, I went like 9 okay; but, I'm with the President. I said you know 10 don?t know how big it is for me. 11 UNKNOWN MALE SPEAKER: (Laughing). Yeah. 12 CHIEF ROLLE: So, he told me He said can I 13 do something. I go what do you want to do? He 14 started to grab my grandson and picked him up and 15 put him in his arms and he said this is what I 16 want, to take this picture. So, he took a picture 17 with my little grandson there 18 MR. LIVINGSTON: Oh, a cutsey. 19 CHIEF ROLLE: in his arms. Me and my 20 daughter are standing beside him. He took twelve 21 shots. 22 DR. That's awesome. 23 CHIEF ROLLE: Different poses and stuff 24 DR. Yeah. 25 CHIEF ROLLE: and sent them all to me. So, ., APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page Page 7 I've got it at the house. I brought it and showed it to the people here; but, they were like you standing with the President of the United States, in his way. DR. MCDONOUGH: Well, he was a good politician because the first thing he does is grab the baby. CHIEF ROLLE: He sure did. DR. MCDONOUGH: (Laughing.) CHIEF ROLLE: (Indiscernible). I said man I said thatrll work won't it. That?ll work. Yeah, man. But, I took a picture with him, too, you know. And, DR. MCDONOUGH: I thought it was your wife when I first looked. CHIEF ROLLE: Oh, yeah. DR. MCDONOUGH: You know, I'm slow to get in and say, okay, she looks familiar. CHIEF ROLLE: She's tall, though; right. Because, I had She was in Her heels Her heels were maybe maybe they mm they were them four/six inches heels, you know. But, I can you tell, right now, she's probably a good, either, six feet. DR. Yeah, I was looking at that picture, I was like, man, if she ain't standing on APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 9 of 132 Page 8 I I something behind him she?s got to be almost seven 2 foot. 3 CHIEF ROLLE: Yeah, she's tall. She's tall. 4 MR. LIVINGSTON: Yeah. She's model material 5 there. 6 CHIEF ROLLE: Yeah, she's tall man. She's 7 fifty years old. I'm like 8 MR. LIVINGSTON: 9 CHIEF ROLLE: She looks go for 10 DR. MCDONOUGH: I hope I look that good when ll I'm forty. (Laughing.) 12 CHIEF ROLLE: I hear you. I want to see this 13 guy about this. I'd better (indiscernible). 14 UNKNOWN MALE SPEAKER: (Indiscernible). l5 CHIEF ROLLE: So, what's happening? I hope 16 it's something I can take care of for you. 17 DR. MCDONOUGH: Yeah. Well, I think it is. 18 You know, I've been trying to deal with this for a 19 while. We probably should have had a meeting, 20 maybe, a year or so ago. And, 21 CHIEF ROLLE: 22 DR. MCDONOUGH: But, I've done a lot of things 23 trying to deal with this and I'm kind rope. I was hoping that you, probably, would 25 be able to me out; because, this is, pretty much, APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 10 of 132 Page 9 1 my last stop before I end up either at the gun 2 lobby or the ACLU or writing a book or at the 3 media. And, it doesn't need to get blown up no 4 bigger than its already getting blown up. 5 CHIEF ROLLE: That bad. 6 DR. MCDONOUGH: Yeah. I got kidnapped out of 7 my house because of one of your officers. I'm not 8 putting this on you. I'm putting this on 9 CHIEF ROLLE: No. No. I'm just saying mm 10 DR. MCDONOUGH: I'm putting this on him. 11 CHIEF ROLLE: Yeah. 12 DR. MCDONOUGH: Uhm 13 CHIEF ROLLE: You got (indiscernible) by your 14 house? l5 DR. Well, from my front yard. 16 CHIEF ROLLE: Yeah. 17 DR. MCDONOUGH: He made false statements to 18 Miami?Dade and they came and arrested me without a l9 warrant. They wouldn't tell me what they were 20 arresting me for. I don't believe they had any 21 probable cause to arrest me even assuming his 22 statements to be true, which he completely lied and 23 perjured himself. And, I feel I have good evidence 24 to show that he perjured himself. I feel he 25 retaliated against me for First Amendment Freedom APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 11 of 132 Page 10 of Speech. 2 And then, I tried to make a complaint against 3 him and I called in January of last year and I left 4 a message with Internal Affairs saying that I felt 5 that multiple felony violations were committed 6 against me under both Federal and Florida law and I 7 wanted to come in and make a complaint. 8 CHIEF ROLLE: Right. 9 DR. MCDONOUGH: On 2/28 this officer files a l0 restraining order against me. In his restraining 11 order he states that I contact I.A. and he was 12 advised to file a protection order against me. 13 Then, a month after that, Detective Aquino l4 calls me and tells me he's returning my phone call 15 from several days earlier; when I called him more l6 than two months. 17 I don't know Detective Aquino. I don't know 18 much about him. Maybe he was confused or 19 something. But, I have to feel that he was lying 20 to me. The whole conversation It just gets 2l ugly. 22 I've got more evidence. I actually have I 23 feel I have more against this officer than the 24 F.B.I. had against Al Capone. And, I don't talk 25 shit. Excuse my French. APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 132 Page 11 3 CHIEF ROLLE: Yeah. DR. A little background about me. I was born and raised in Reston, Virginia. My dad split my mom when I about two years old. My mom is a high school dropout, working as a waitress, raising three kids. CHIEF ROLLE: Uh-huh. DR. MCDONOUGH: I graduated in '96 from my high school. I went to community college, got my Associates in Applied Science making glasses and contacts. I told everybody my whole life I was going to live on a tropical island one day and everybody thought I was going to be stuck up there with all of those rednecks for the rest of my life. And, three or four days after I graduated from community college I threw all of my clothes in a duffel bag and drove down to Key West. So, I proved them wrong. CHIEF ROLLE: Damn. DR. I lived there for a year. Then went back and got my Bachelor's. I majored in Chemistry, Biology, Physics, Mathematics, Optical Theory and got my equivalence of a Masters in Organic And then, I came to University of Miami and got my in Chemical APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 13 of 132 Page 12 Thermodynamics and Kinetics. I work with M.I.T. 2 and Los Alamos National Labs. I know three Nobel 3 Prize winners personally. 4 I'm now a Primary Patent Examiner for the 5 United States Patent and Trademark Office. 6 I more than max out what's legally allowed, 7 the G.S. Scale. 8 I have authority to make legal negotiations on 9 behalf of the United States government. 10 My wife is also a Biologist. She is the 11 Head Fisheries Biologist for Biscayne National 12 Park. 13 And, you know, if this officer were to have 14 gotten away with his lies and everything against me 15 he would have destroyed that and taken it all away 16 from me and I'd be on the street flipping burgers 17 with no wife and no house and no kids. 18 So, I figure I'd try to give you as much 19 information as I could to make your job as easy as 20 possible for you. So, 21 This is Officer Maguido. Who I'm sure you're 22 familiar with. 23 CHIEF ROLLE: Yes. I'm familiar ?w 24 DR. MCDONOUGH: Uhm -- 25 CHIEF ROLLE: No, I kind of remember. I APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015. Page 14 of 132 Page 13 i remember something now which is a while back. But, 2 I remember something now. 3 DR. These are two things I can 4 give you. You can keep copies of this. This is 5 from his employment at Hialeah. 6 That first page it just shows a completed 7 Internal Affairs investigation where he had 8 retaliated against people and wrote three tickets 9 maliciously. 10 The next thing that's stapled also had that 11 included; but, has many of his other violations 12 that he committed while he was at Hialeah including 13 making about six false statements to his 14 supervisors. 15 One day he was supposed to go to court for a 16 serious domestic violence case that he had 17 responded to where the husband had stabbed the 18 wife. They called him several days beforehand, 19 told him he needed to go to court, he said okay. 20 The morning of court, he called his work in sick, 21 called the State's Attorney in sick, then went and 22 worked an extra duty job and when the supervisor 23 called him about it, he lied about it until his 24 supervisor showed him the time card where he went 25 and worked off duty. APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 15 of 132 Page 14 1 He's done that several times. He had problems 2 with judges; almost got held in contempt for his 3 attitude towards a judge. He?s overreacted to the 4 public. 5 This all started because of his driving and 6 his behavior. I was concerned, initially, for the 7 safety of myself and the children in my 8 neighborhood. 9 CHIEF ROLLE: Uh?huh. 10 DR. I've seen him run through the ll stop sign in my neighborhood at twenty and thirty 12 miles an hour. He's almost ran me off the road. 13 I've seen him pass people; not coming in This is 14 outside of the WW Homestead's jurisdiction. 15 CHIEF ROLLE: I know I know where he He 16 lives out there. (Indiscernible). 17 DR. Yeah. He lives on the same 18 street that I live on. 19 CHIEF ROLLE: Okay. 20 DR. MCDONOUGH: And I've seen him pass people 21 without his lights on, where people coming towards 22 him had to pull completely off the road and come to 23 a complete stop, not to have a head-on collision 24 with him. 25 Another interesting thing I want to say, just APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 132 Page 15 before I forget, is So, I live at the corner of 199th Avenue and 324th Street. CHIEF ROLLE: Uh?huh. DR. MCDONOUGH: He lives on 324th Street west of 202 Avenue. For six years I've lived in my house, I always see him you know, if I'm out on the street or something. He goes to 202, turns on 202 and takes 202 to Mowry (phonetic) brings Mowry in. Last Friday, he drove past my house, on his police gunning his engine and chirping his siren and I went out to the street to get a picture of it and, I guess, he got to 199th and 320th and then they just stayed there for a couple of minutes. I'm pretty sure he probably saw me taking a picture of him. I feel that that's either an attempt to intimidate me or to provoke me to do something CHIEF ROLLE: Hold on, one second. DR. MCDONOUGH: Sure. Sure. CHIEF ROLLEget DR. MCDONOUGH: All right. CHIEF ROLLE: I want to just See if Thomas (indiscernible) is in his office. APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 132 Page 16 UNKNOWN FEMALE SPEAKER: Tommy? CHIEF ROLLE: Yeah. Thanks. I appreciate it. Tell him to come down if he's in there. Is Tony in here; Tony (indiscernible). DR. And we can We've only got a little bit more time. And, I'm sure you're probably busy. But, I wanted to CHIEF ROLLE: NO. I -- DR. give you some stuff and if you want we can meet again. I have a whole lot more information. I just want to try to get you as much so you could, kind of, start digesting it. I didn't want to come in and bring you office boxes full of stuff to digest. CHIEF ROLLE: Yeah. I So, I mean WM So, where are we at no this; because, I?m Because, I've got a Sergeant that's over the Traffic Unit that I want to DR. MCDONOUGH: Well, here's something else I think you should find real interesting. This is his polygraph examination he took to get a job here at Homestead and you'll see where I put the little star. CHIEF ROLLE: Uh?huh? I see it. DR. MCDONOUGH: He says that He denied ever APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 18 of 132 Page 17 1 using illegal drugs in his life. Well, if you flip 2 over to the next page, it?s his application for 3 employment, which is several months later and he 4 said he used to smoke pot. 5 Now, I'm a federal government employee and 6 with us if we get caught lying on our employment 7 application, even if it's twenty years later, we 8 get fired on the spot, that moment. Game over. It 9 doesn't matter. 10 Uhm I also believe the guy is a sociopath. ll CHIEF ROLLE: Hmm. 12 DR. When you look at the polygraph 13 there are several things in there that are lies. 14 Other ones I can point them out. But, it says that 15 he shows no sign of, you know, lying; which makes 16 me think that he can lie Either he knows how to 17 beat a polygraph or he can lie without shame; 18 because, ?w 19 CHIEF ROLLE: Uh?huh. 20 DR. MCDONOUGH: I'm right and he's a 21 sociopath. 22 CHIEF ROLLE: Hmm. You know Well, I've 23 been Well, since he's been with me, I've been 24 I?ve been definitely He's got to know how I 25 operate, you know. I don't play games like that. APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 132 Page 18 I don't play that foolishness. I treat people treat everybody right, do everything the right way. DR. MCDONOUGH: Uh?huh. CHIEF ROLLE: Of course, remember now, this happened outside the city. So, I don't know what the county did. You know, how they DR. MCDONOUGH: Yeah. Yeah. Well, I have all of that. I'll give you CHIEF ROLLE: Yeah. But, I don't tolerate that foolishness like that and all of them know that. You know, I'm DR. MCDONOUGH: Yeah. CHIEF ROLLE: I don't play no games. I More people do their job. But, you don't mistreat people. You know, you don?t mistreat anybody. I don't play that kind of stuff. And, I need to know exactly what?s going on DR. The Wednes ~w CHIEF ROLLE: so I can deal with it on my end. DR. MCDONOUGH: Yeah. The Wednesday before Halloween of 2012, I was coming up 197th Avenue and I got to 320th Street. It's a stop sign. CHIEF ROLLE: Uh-huh? DR. I came to a complete stop. I APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 132 Page 19 turned right. As soon as I made my right turn, I looked in my rear?view mirror and I saw Officer Maguido (phonetic) behind me in his unmarked car. He must have been coming east down 320th. So, like, I'm coming this way. He's going this way. Ends up behind me. CHIEF ROLLE: thhuh? DR. He was tail?gating me so severely I felt if I had just left off my gas he was going to rear?end me. And then he mm 80, he was tail?gating me and then he, kind of, got to where he was like half Like There was line there; but, if there was a line he would have been, like, straddling the line. And then, he kind of did this maneuver. Well, I thought he was, like, pit maneuvering me. So, I swerve off the road. He passes me, passed the car in front of me and a car that was coming towards us completely one hundred percent dead stop, completely off the road. Both tires passed the shoulder, to not have a head?on collision with this officer. That was the Wednesday before Halloween. The Monday before Halloween, I was walking down my street and I saw him in his front yard and I APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 132 Page 20 motioned to get his attention; because, I wanted to talk to him about that. I want to be real honest with you. In 2012 That was in October. I had not had any contact with the officer since then. CHIEF ROLLE: Uh?huh? DR. MCDONOUGH: And from that incident, I had not had any contact with the officer since 2009. There was another incident, in 2009, where I saw him run through the stop sign. I drive past his house really quickly just to write down his license plate because I was going to file a complaint. CHIEF ROLLE: Uh-huh? DR. He saw what I was doing and he's like, can I help you? And I said no, sir; I've already got everything I need. He's like what are you doing? I was like I've seen you commit multiple traffic violations in the neighborhood. I?m concerned for the safety of the children. I'm getting your license plate so I can file a complaint. And he came up and to the passenger side of my car and puts his arms on the window sill and it's like well come on. You know, we're neighbors. Can't we talk about this about this APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 132 Page 21 like gentlemen? And then, he continued to beg me not to file a complaint against him. CHIEF ROLLE: Uh?huh? DR. When I end up leaving I, kind of, felt sad for him. Also, my best friend I grew up with is a police officer. I have four or five other friends that are police officers. I don't know if you know Wayne Cox. He's the officer who re?captured the Shenandoah Rapist, the serial rapist in Miami back in about 2005, maybe. CHIEF ROLLE: The name sounds familiar. DR. MCDONOUGH: And then, they made the movie Bad Boys II. It was made about him and his partner. Well, he's a good friend of mine. I used to We used to be roommates. CHIEF ROLLE: Oh, okay. DR. MCDONOUGH: So, I'm I don't I know he?s tried to portray me as being anti~cop or anti? police or have a hard on for police. That's not at all true. I want to give you this. After I got home that day I wrote a transcript of the conversation. That's the exact conversation APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 23 of 132 Page 22 1 me and Officer Maguido had. 2 (Thereupon, a pause occurred.) 3 UNKNOWN FEMALE SPEAKER: He'll be here in ten 4 minutes. He's not in the building. 5 CHIEF ROLLE: Okay. You want to wait until he 6 gets here or no? 7 DR. No. We can keep going if 8 that's all right with you. 9 CHIEF ROLLE: Okay. Okay. All right. Okay. 10 Thanks (indiscernible). 11 . DR. To be real honest, I'm not 12 sure I really trust him either. He told me some 13 things I don't believe are true and he was supposed 14 to call me back; Sergeant Sherman. 15 CHIEF ROLLE: Sherman? Oh. 16 DR. Yeah. The only reason I'm 17 here talking to The only reason I'm not at the 18 F.B.I. or the 19 CHIEF ROLLE: Well, let me tell him don't 20 worry about it. 21 DR. Okay. 22 CHIEF ROLLE: Let me tell them not to have him 23 come up; because, I'll talk to him about it. 24 (Indiscernible). 25 Call him back at telecom and tell him don't APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 24 of 132 Page 23 worry about it. Tell him disregard. Thanks. 2 DR. I Okayreal paranoid; but, I've had a lot of people lie 4 and make stuff up about me. 5 CHIEF ROLLE: Uh-huh. 6 DR. So, I just w~ And, I've had a 7 lot of people in this department say things to me 8 that are untruthful. So, I really, just, don't 9 trust them. 10 CHIEF ROLLE: So, you remembered all of this 11 or you just 12 DR. I have an uncanny ability to 13 memorize things. 14 CHIEF ROLLE: Oh. Because, I'm saying this is 15 this is so detailed, you know. I'm like, wow! 16 DR. This is the sworn statement 17 Officer Maguido made on 2/28 when he filed a 18 petition for injunction against me. 19 The first major paragraph at the top, that 20 says on or about December 22nd, that his version of 2l this event. 22 CHIEF ROLLE: Uh-huh. 23 DR. Now, one thing I?d like to 24 point out is he says December 22nd there. It 25 actually happened on October 29th. APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 25 of 132 Page 24 1 And then The police report mm Because, he 2 also filed a criminal complaint against me, he says 3 October 29th; where there he says December 22nd. 4 In that the second incident, which really 5 would have been the first incident, he said it 6 happened in June 2012. In the police report he 7 says it happens July 27, 2012. 8 I had, at least, eight witnesses that will 9 testify in court that it actually happened in 2009. 10 CHIEF ROLLE: Hmm. 11 DR. So, I mean l2 CHIEF ROLLE: (Indiscernible). 13 DR. MCDONOUGH: The officer has almost made 14 this stuff up mere out of whole cloth. There's 15 just like three things I agree with in there and 16 everything else is a lie. 17 CHIEF ROLLE: Well, let me ask you a question. 18 There's a couple of things. 19 DR. MCDONOUGH: Sure. 2O CHIEF ROLLE: Where are we at with this? With 21 this I mean 22 DR. MCDONOUGH: SO, mm 23 CHIEF ROLLE: Something happened. Did you get 24 arrested or something? 25 DR. MCDONOUGH: Yes, I got So, on 2/28 he APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 132 Page 25 filed the restraining order. CHIEF ROLLE: Okay. DR. MCDONOUGH: I got served with that on 3/6. CHIEF ROLLE: Right. DR. MCDONOUGH: 3/7 I surrender my guns to Miami?Bade Police Department and I hired an attorney. CHIEF ROLLE: Okay. DR. We had scheduled My attorney had called Officer Maguido to try to schedule to do his deposition and Officer Maguido told my attorney to go through the Court Liaison Office. CHIEF ROLLE: Okay. Okay. DR. My attorney went through the Court Liaison Office, Maguido agreed to a date for the deposition. Two days before the deposition he called and canceled and said that he had to go to I think he said One time he said he had to go on vacation. One time he said he had to go a doctor's office. CHIEF ROLLE: Okay. DR. He called my attorney back to schedule a second deposition. Two days before that deposition he canceled the deposition. APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 27 of 132 Page 26 1 Then, the day of court, he missed court; so 2 that was dismissed against me. 3 I'm not really sure why he thinks this is fun 4 and games and I'm spending thousands of dollars on 5 attorney's fees and he can just do whatever he 6 wants. But, I don't find that to be very 7 professional. 8 On 2/15, he filed a criminal complaint with 9 the Miami?Dade Police Department. That led to me 10 being arrested on 4/15/2012. ll CHIEF ROLLE: But, I mean -M But 12 DR. MCDONOUGH: Or, 2013. 2013. 13 CHIEF ROLLE: I know I know I know 14 What was the What was the complaint? Because, I 15 know everybody can be arrested for probable cause; 16 because, you know, that's what is But, what did 17 he actually What did you get arrested for? 18 DR. Uhm Well, about six or 19 seven hours after I was arrested, when I was at 20 T.G.K., I was handed my A~Forms. I had asked them, 21 at last, eight times what I was being arrest for. 22 Every single MiamieDade Police Officer refused to 23 tell me what I was being arrested for. I don't 24 know. That's why I'm thinking that's a clear 25 violation of 911.17 of the Florida Statutes. APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 28 of 132 Page 27 1 CHIEF ROLLE: Yeah. They could have told you 2 what I mean, whatever it was. They could have 3 said They could have told you what it was. I 4 mean it's no secret. If they had a reason to come 5 out and arrest you If they had a You said a 6 restraining order or something they had to 7 DR. MCDONOUGH: No. Well, what they arrested 8 me for They didn't I asked them if they had 9 an arrest warrant and they said yes. But, they did 10 not have an arrest warrant. They lied to me. 11 I really believe they were doing it in an 12 attempt 13 CHIEF ROLLE: Wow! 14 DR. to retaliate against me or 15 to terrorize me since And, I feel that since 16 they didn't have probable cause it makes it 17 kidnapping under Florida Statute 787.01. 18 CHIEF ROLLE: Okay. 19 DR. MCDONOUGH: Uhm mm This is the police 20 report from that day. Miami?Bade responded. You 21 can see in that it just says a neighbor dispute. 22 It was heated. Settled on the scene. I advised 23 that if I had any further problems I?d come to the 24 . Homestead Police Department, which I did. 25 And, I mean, everything should have been APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 29 of 132 Page 28 I settled there. 2 I don't know why the officer waited four 3 months to file against me. 4 And, in his filings, he says that he knows I 5 was trying to make a complaint against him. That's 6 the only reason I can understand is this is 7 retaliation for my right to petition for redress of 8 grievances. 9 What they actually arrested me for was 10 aggravated stalking and corruption through 11 threatening a civil servant. 12 CHIEF ROLLE: Hmm. 13 DR. Which was then dropped to 14 simple stalking and two counts of trespass, which 15 is funny; because, I've never entered his property 16 in my life. And then, that was just dismissed last 17 month. No, in December it was dismissed. 18 (Thereupon, a pause occurred.) 19 CHIEF ROLLE: Okay. Because, this really 20 Okay. So, this is the report, Offense Incident 21 Report. 22 DR. Yeah. Yes, sir. And, in 23 that, it says that Lieutenant Johnson was 24 contacted. 25 I couldn't find any record in Homestead of APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 30 of 132 Page 29 1 this incident. And, when I called Lieutenant 2 Johnson, she was not aware of it or could not tell 3 me anything about it either. And, she said she 4 would give me a call back. And also, Sergeant 5 Sherman was supposed to give me a call back and 6 they weren't I have nice time line I'm going to 7 give you that had most of this documented in it. 8 What I do for the government is I, pretty 9 much, argue with $500 patent attorneys for a living 10 and I eat them for breakfast. 11 CHIEF ROLLE: Oh. Okay. 12 DR. I've memorized almost the 13 entire Florida statute code, the federal codes. 14 CHIEF ROLLE: Wow! This is amazing. 15 DR. MCDONOUGH: I'll bet you I?ve done 16 something that I doubt more than two officers in 17 this department have done. 18 CHIEF ROLLE: What was that? 19 DR. MCDONOUGH: Read the entire 735 page 20 S.O.P. Manual you guys have. 21 CHIEF ROLLE: Probably have. 22 DR. MCDONOUGH: I do my homework. 23 CHIEF ROLLE: Wow! 24 DR. This is the criminal complaint 25 that he filed on 2/15 against me. APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 31 of 132 Page 30 CHIEF ROLLE: Hmm. 2 DR. I never said I was going to 3 get him. But, even if I did say I'm going to get 4 you, that's a credible threat of harm. I have 5 plenty of federal case law on that matter, 6 particularly. 7 I mean you can read in the statement, all I 8 said I told him that the next time he did it I 9 would report him. The last three times I hadn't. IO CHIEF ROLLE: Well, I'm trying to figure out 11 Something was going on; because, you all kept 12 bumping into one another. So, 13 DR. MCDONOUGH: We had We had several bump l4 ins in 2009. We didn't have any He also 15 harassed my wife and did some funky shit to my 16 wife. 17 And, I saw him one day, on 320th, and I 18 thought he was running radar and it looked like he 19 was pointing his radar outside of his jurisdiction. 20 So, I rode my bicycle I went home and rode my 21 bicycle. I wanted to take video of it just because 22 I thought he was outside of his jurisdiction. When 23 I got back up there he was gone. So, I stopped on 24 my bicycle for a minute. I smoke a cigarette. 25 And, a black gentlem comes up to me and asks me if APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 32 of 132 Page 31 1 I could if he could bum a cigarette off of me. 2 I was like sure. I gave him a cigarette. And, I 3 was like, can I ask you a question? He goes, like, 4 what's that? I was, likeofficer here that was on the He's like 6 yeah, I saw that mothermfucker. He's here all the 7 time harassing people. Like, you know what? Last 8 week he pulled this white lady in a white pick?up 9 truck and he was talking to her so bad, I told 10 myself if he said one more word to her I was going 11 to cop a charge and go knock the mother?fucker out. 12 I was like, thank you, sir. That was my wife. 13 . He's pulled over Albert and harassed Albert. 14 He's harassed Albert?s employees. He's harassed 15 Albert's sister. He's harassed Albert's sister's 16 employees. All outside of his jurisdiction. 17 Pulled them over on farm use vehicles, threatening 18 to arrest. 19 One time I was with his sister 20 (Thereupon, the proceeding was interrupted by a 21 cell phone.) 22 DR. mm when Officer Maguido did 23 this. 24 (Thereupon, Chief Rolle answers his cell phone.) 25 CHIEF ROLLE: Uh?huh. Hold on, please. APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 33 of 132 Page 32 Hello. Hey. Yeah, he gone. It was one guy there 2 that He didn't spoke He didn't speak that 3 much English. But, he went through the whole house 4 and I even told him that, you know, I?ve got 5 I've ran some things by him and told him some stuff 6 that he was looking for and everything and he said 7 that he was going to take a piece of the w~ He was 8 going to go get go next door to his store and get a 9 piece of the (indiscernible) has and is going to do l0 a separate piece for us and then bring it back and 11 let us look at it and we if we like it he can do l2 the floor. But, he's supposed to he's supposed 13 to send you an e?mail of what the price is to just 14 do the whole house and everything. 15 (Thereupon, a pause occurred.) 16 But, you know w? Just, I don?t know I 17 couldn't You know, like I said, unless you see 18 something you can't you don't know whether or 19 not the guy is going to do like he did in Arizona. 20 But, I tried to make him understand that stuff 21 (indiscernible) in Arizona was the same thing and 22 they made it look nice. 23 (Thereupon, a pause occurred.) 24 So, he's saying that once you do it and 25 - everything it should last for ten years or more, APEX REPORT ING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 34 of 132 Page 33 I you know, and stuff like that. But, I still hadn't 2 seen anything, you know. He's He also told me 3 that it's supposed to look like this counter top. 4 (Thereupon, a pause occurred.) 5 You know, he showed me, you know, the counter 6 top in his room which is granite. 7 And, you know, I'm listening to him and 8 everything; but, like I said, you know, I don't 9 know whether he's going to do or not. But, I'll lO look at that piece when he comes down if we decided ll to do it. l2 (Thereupon, a pause occurred.) 13 But, what will make m~ The best thing I'm 14 thinking about doing, between you and I, is let him 15 do that piece that he gets from the I told him 16 to go next door to one of them place next door and I7 just get a sample piece of the tile we are paying l8 for and take it and show me how he would make it 19 look. And then, that way That way we can go up 20 there and look at it instead of him coming down 21 here. And if we like it we can, you know, tell him 22 to come down and do it. 23 (Thereupon, a pause occurred.) 24 Well, you know what That's Yes, it's the 25 both of them. Yeah. Yeah. The hose No, he APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 132 Page 34 2 said he'll fix it. No problem. He said no problem, he can fix the hole. That's easy. (Thereupon, a pause occurred.) So, yeah; that's easy. So, he said he could fix all He said he could fix the holes. The hole, he said, oh, they fills it with stuff and they take it and do something to it to make it rile up and patch it up and everything and make it look it good. So, he said that's no problem with that. But, I wanted to see whether or not As a matter of fact, in the ewmail you could let him know me Or, you can talk to somebody at the store and let them know that when he do that piece of marble (indiscernible) in house, we'll come up and take a look at it. That way he doesn't have to come down and show it to us. And then, we'll decide if we like and then we'll have him come down and do the whole house like that. (Thereupon, a pause occurred.) Well, I don?t know if they're going to try to I don't know if they're (indiscernible. He seemed to me He didn't make it like it was no big deal. I don't know whether he's going if they can push it to aside and just do it and put it back. You know, I don?t know how they're going to APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 132 Page 35 do that. But, he didn't make ?m (Thereupon, a pause occurred.) I know; but, that's something ?u I told you You know, we?ve got to talk somebody that's in the store; because, it's It's You know, his English wasn't that great. You know, he just couldn't understand what I was (Thereupon, a pause occurred.) Yeah. But i_ Yeah. But, I ain't mm You know, I ain't You know, I didn't really get into it with her. You know me. Because, I You know she did a little work for me. But, I didn't want to get into that with her; because, you know, I didn't feel comfortable doing that. (Thereupon, a pause occurred.) So, I just She interpreted a little bit for me; but, not a lot. Because, he can speak a little bit; but, I was just My biggest thing was the -- with him, was whether he could fill the holes and whether he could make the floor shine and he said yes. (Thereupon, a pause occurred.) Uh?huh. No. No. No. No. Because, that's Like I said, you know, that's why I didn't want APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 132 Page 36 her to deal with that. That's why she came over there and said something to Manny and everything and I kind of let her talk to him and ask me a couple of questions. But then, I kind of like let her go. Because, I dealt with the guy, you know. When I was in the door at (indiscernible) she was already talking to the guy and I didn't want her to really keep going because I didn't want her to feel uncomfortable about doing that. So, I kind of handled it myself. That's why I say it was kind of piecemeal. (Thereupon, a pause occurred.) But, if somebody in the office speaks English you could talk to them and translate that to them and then you can talk about what you want and everything and that way you can get what you want out of the guy because I didn't want her to really get involved in our conversation. (Thereupon, a pause occurred.) Yeah. Yeah. He's going to send As a matter of fact, what you can do right now you could do right now, you can call the people right now and tell them when the guy comes up that you all need to communi talk about it some. You can ask the questions that you want to ask him. APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 38 of 132 Page 37 (Thereupon, a pause occurred.) 2 Yeah. Yeah. Because, I didn't want to I 3 didn't want to You know, I didn't want I 4 didn?t want to deal with her, in all honesty and I 5 think I'm So, that You know, so I just knew 6 When I got there she said a few things to the 7 guy in Spanish and stuff and she translated a 8 couple of things and I, kind of, like dealt with 9 the guy by myself and, you know, his English wasn't 10 that great. But, I didn't want to deal with her. 11 You know, I didn't want 12 (Therepon, a pause occurred.) 13 It was mm Yeah, it was only one guy. One guy. 14 (Thereupon, a pause occurred.) 15 Yeah. And he, measured the house and 16 everything and stuff. But, like I said, you know, 17 I in all honesty, I didn't really want to deal 18 with her. You know, I didn't want her to get 19 involved in what we was talking about and stuff. 20 And, she was already talking to the guy when I got 21 there. So, she translated a couple of things and 22 then I took the guy to the kitchen and then, you 23 know, we kind of communicated, you know. But 24 still, it wasn't the best. So, I gave him your 25 e?mail and told him that, you know I gave him APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 39 of 132 Page 38 1 your phone number. 2 (Thereupon, a pause occurred.) 3 Uh?huh. Yeah. Well, he spoke a little bit. 4 Yeah, he spoke a little bit. It wasn't the best. 5 But, he was able to He was able to tell me some 6 things, you know. And, all she talked All she 7 asked him about Because, when I came in the 8 house he was talking to me. But, it wasn't the 9 best. It was real choppy. But, all he asked 10 All he was telling me was that for the marks on the 11 floor, you know, he could make the marks better and 12 stuff and people who were using the floors were 13 putting too much stuff on the floor, using the 14 wrong detergent or something like that. 15 (Thereupon, a pause occurred.) 16 And then, he said 17 (Thereupon, a pause occurred.) 18 I know. I think it was. Yeah, that's what 19 I?m saying. 20 (Thereupon, a pause occurred.) 21 But, he said he could fix the holes. He said 22 that He asked me that. 23 (Thereupon, a pause occurred.) 24 Yeah. But But, anyway; what Iwould I don't know if you?ve got time APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 40 of 132 Page 39 or not; but, I would call the company back and tell 2 them that when he gets back that you all need to, 3 you know, talk about it. Because, I went over a 4 lot of stuff with him and everything. But, I 5 wanted to clarify it and I gave him your e?mail and 6 your phone number because he wanted that. And 7 (Thereupon, a pause occurred.) 8 But, my biggest thing was that if he could do 9 that piece out of the store and show us how it's 10 going to look, we could come up and take a look at 11 it; because, he was saying that, you know, he 12 didn't want to come all the way back down here, you 13 know, and bring the piece back down and then we 14 didn't want to do the work and stuff, you know. 15 Because, it?s a long way down (indiscernible). I 16 said, yeah, I know. 17 (Thereupon, a pause occurred.) 18 But, I told him I said To them it is. 19 Well, apparently Well, okay. Well, I'm just 20 telling you what he told me. He said it was a long 21 way. 22 (Thereupon, a pause occurred.) 23 No. I think you should talk to the lady and 24 see if she?s going see what she's get the 25 tile and have a look at the marble and let her look APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 132 Page 40 at it. And then, if it?s something we'd like to do then we can deal with. But, we can get another estimate from somebody if you want to. (Thereupon, a pause occurred.) But, I think you should just call her and tell her what I told him to do. He can go next door. I told him where I know you it's all located at. You know, he can go next store and get a piece of tile. I mean marble, like he has. Take a sample of it. Do it for us. And we'll come look at. We don't have to worry about coming down. And if we like it we'll tell him to come down with the estimate in writing and have him do the whole house and then fix the holes and everything. (Thereupon, a pause occurred.) So, that's what I told him. So, call her and see if that works for them; because, we can go up there and take a look at it. You know, I mean I don't mind driving and take a look at it. And then, we just go from there. Okay? (Thereupon, a pause occurred.) Yeah. That's what I'm saying. (Thereupon, a pause occurred.) Well, he said He said he'll take it and bring it down and let us look at it. And he said, APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 42 of 132 Page 41 1 if we like it he'll go ahead on and do the house. 2 (Thereupon, a pause occurred.) 3 But, I was just saying that if he comes down 4 there and brings it to us and then we send him back 5 and everything You know, that ain't what I 6 really want to do. Because, you know, I want to 7 take a look at it before he even wastes his time 8 coming down there saying hey, this is the way is it 9 going to look and then we don't like it. And then, 10 the guy comes down and we have to send it back; 11 but, we don't want to do the work. 12 (Thereupon, a pause occurred.) 13 Yeah. Yeah. Yeah. It won't take that long 14 to go up there and see that. 15 (Thereupon, a pause occurred.) 16 Well, listen. What time are you all leaving 17 to go? What time are going to You going 18 somewhere today? 19 (Thereupon, a pause occurred.) 20 No, I can do that. You just let me know. I 21 can grab them for them you. 22 (Thereupon, a pause occurred.) 23 Okay. I can do that for you and bring them to 24 you. 25 (Thereupon, a pause occurred.) APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 132 Page 42 That ain't no problem. I did That'll save you some time. I can just take me, what, twenty minutes to do that. I can just I?ll grab them and take bring them to you and then you'll have them. You don't have to worry about them. I'm take care of that for you. You just go on and do what you've got to do. (Thereupon, a pause occurred.) Okay. Both of them? I mean all three of them? I mean all three of them? (Thereupon, a pause occurred.) Okay. Okay. I'll grab it. All right. (Thereupon, the telephone call was concluded.) CHIEF ROLLE: Sorry about that. DR. MCDONOUGH: That's all right. That's all right. Hey, wife always come first. Uhm CHIEF ROLLE: (Indiscernible). DR. MCDONOUGH: So, I want to show you something on his sworn complaint against me. There are a couple of things. CHIEF ROLLE: This one here? DR. MCDONOUGH: This one right here. CHIEF ROLLE: (Indiscernible). DR. Here's what I want to show APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 44 of 132 Page 43 1 you. Right here he says the petitioner, which 2 would be me, states that the respondent, which 3 would be, also contacted I.A. And, the petitioner 4 was advised to obtain an injunction for protection. 5 Oops; I'm sticking to your stuff. 6 CHIEF ROLLE: No, that's okay. 7 DR. Now, this was sworn on 2/28. 8 And, he swears under penalty of perjury that he's 9 read every statement and every statement is true 10 and correct. He also says I have a history of 11 clinically diagnosed mental health problems. He 12 said that I'm unstable and he said I had a mental 13 breakdown. 14 I've never been to a mental health 15 professional in my life. Where did he get that 16 information from? That is a lie. He perjured l7 himself. That's perjury, 837.02, Florida law, 18 official proceeding. 19 Also, based on this and the police report, 20 because he gives different statements of what 21 happened and different dates, that's perjury 22 through conflicting statements. 23 And here is a signed, certified copy, I got 24 from Detective Aquino. I just wrote this for your 25 benefit. I originally called on 1/24. Maguido APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 45 of 132 Page 44 1 filed the criminal complaint on 2/15. He filed the 2 restraining order on 2/28. And the 2/28 is the 3 restraining order where he said I contact I.A. 4 And, admits we never talked until 3/19. 5 How did he know that I contacted I.A. two 6 months before I.A. ever contacted me? 7 That means he's either lying or he's 8 conspiring with I.A. They both can't be tr One 9 of them mm It has to be Unless there's something 10 I'm missing. 11 And, Detective Aquino called me on 3/19. He 12 tried to tell me he was returning my phone call 13 from several days earlier when it was over two 14 months. And, he had no explanation for why the 15 officer knew that I had contacted I.A. or why they 16 advised him to file a protection order against me. 17 I feel that this tampering with a witness. I 18 feel it's retaliation against a witness. I feel 19 it's a conspiracy against rights. 20 There?s a whole Like I said, I believe, if 21 not that he would get the full amount. But, if 22 I he got found guilty of everything that I think he's 23 guilty of and he got the maximum amounts he would 24 be serving over 200 years in prison. 25 Actually, I believe Officer Maguido has APEX RE PORT I NG GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 132 Page 45 violated, at least, two federal statutes that actually make him eligible for the death penalty. I don't think he should be put to death. But, based on Title United States Code, Section 242 and 241, because he calls the transpired the events that led me to be kidnapped, kidnapping w~ depravation of rights under Florida law leading to kidnapping is eligible for the death penalty. This is some stuff I had for the court. You don't have to look at these right now. I never got to turn them into court because he didn't show up for the court. The first four of those are four of my about ten witnesses that will testify that I talked to them about the 2009 incidents with Maguido, that Maguido is trying to say in 2012. The last of them are just character references CHIEF ROLLE: Uh-huh. DR. MCDONOUGH: from a police officer, a surgeon, some different people that I know. This, you also don't need to look at right now. But, I took the liberty of highlighting every one of the ethics violations in there that I think Officer Maguido has violated based on his actions. APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 132 Page 46 CHIEF ROLLE: Uh?huh. Ethics violations from? DR. MCDONOUGH: F.D.L.E. CHIEF ROLLE: Oh, okay. DR. The ethics requirements. He?s sworn to that. CHIEF ROLLE: Okay. DR. MCDONOUGH: This, I took the liberty and went through his personnel file from here at Homestead and that's what I wrote up based on his evaluations, like the problems he's had. You know, like I said, I originally started because I was concerned for the safety due to his driving. Looking through his records I find, approximately, eight accidents he's been in, in his police cars and six injury reports that have been generated because of him. CHIEF ROLLE: Let me ask you a question, though. DR. MCDONOUGH: Uh-huh? CHIEF ROLLE: Why When all of this started, why didn't you just come to me? DR. Because, I didn't know you. I didn't know I was supposed to come to you. The When The day after mm The major APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 48 of 132 Page 47 1 incident happened on 10/29. 10/30 I went to the 2 F.B.I 3 CHIEF ROLLE: Yeah? 4 DR. in downtown Miami to try to 5 file 6 CHIEF ROLLE: Right. 7 DR. a complaint; because, I 8 knew that there were federal rights violations. 9 You know, I swore an oath to the Constitution 10 and I knew there were constitutional rights 11 violations. l2 CHIEF ROLLE: But, I -- 13 DR. MCDONOUGH: And Miami Or, F.B.I. told 14 me that I had to first contact I.A. And then, give 15 I.A. a week. If they had not called me back to 16 call I.A. And, if I wasn't happy with the progress 17 to go back to the F.B.I. and they would initiated 18 investigations l9 CHIEF ROLLE: But But -w I mean the F.B.I. 20 was right by telling you come to I.A. But, I.A. 21 works for me. 22 DR. MCDONOUGH: Well, sir -- 23 CHIEF ROLLE: Do you know what I mean? 24 DR. Sir, I thought most of this 25 was so minor, so well below you, I assumed that APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 132 Page 48 I.A. was going to deal with this properly and professionally. CHIEF ROLLE: Yeah. Yeah. And that's the way i it's supposed to be and everything. But, I'm i saying You know, I'm saying that this stuff is so deep now. You've gone through so much stuff. And the way I'm looking at what you've given me and everything, this is This is from I mean I'm quite sure I would do what you're doing. But, if I got arrested I would definitely the same thing you're doing. DR. MCDONOUGH: I've spent over $20,000 defending myself; because, I asked the man not to run through a stop sign. CHIEF ROLLE: That's what I?m saying. I'm just saying mm You know, to me DR. My attorney Once he filed charges against me, my attorneys told me not to go talk to nobody. CHIEF ROLLE: Yeah. But, no; what I'm saying is that a? if that happened in the beginning and you all had a confrontation w? Because, I say that; because, you know, normally when you have a problem with an employee you go to his boss. DR. MCDONOUGH: Uh-huh. APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 50 of 132 Page 49 CHIEF ROLLE: Andguys here was going home last week and somebody in 3 the community flagged him down and told him to slow 4 down and they got into an argument and that person 5 got on the phone and called me. The same day I got 6 a hold of the supervisor and brought that guy in 7 and I dealt with it right there and that went away. 8 It went away. 9 DR. MCDONOUGH: See, if I would have know I 10 wish I would have done that, sir. ll CHIEF ROLLE: Yeah. 12 DR. MCDONOUGH: You know, I?ve been told so 13 many different things. 14 When I talked to Officer Maguido, he told me 15 not to file a complaint and he asked me to bring 16 any problems I had to him. 17 I go and bring matters to him and then he 18 calls the police. Within about five minutes, about 19 seven or eight Homestead officers showed up. They 20 held me on my street for over an hour and a half. 21 Twelve officers total showed up. 22 And they told me if I had a problem with him I 23 should have went to him. I should have gone to 24 I.A. 25 Well, he's the one that told me to come to APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 51 of 132 Page 50 a him. I go to him. 2 The other officers told me to go I.CHIEF ROLLE: Well, -- 5 DR. Now, I'm getting told I 6 shouldn't have done any Like I said, I It's 7 -1 8 CHIEF ROLLE: Well, no. It's 9 DR. MCDONOUGH: As a citizen, I don't the 10 procedure ll CHIEF ROLLE: Yeah. 12 DR. I'm supposed to follow. l3 CHIEF ROLLE: But, I'm saying, the way it 14 works And, just about every place; is when you 15 have a problem with someone And, you know, if 16 don't come to the Police Chief Because, the 17 Police Chief is in charge of all of the police 18 officers. If you don't come to the Police Chief, 19 you do go to Internal Affairs first. 20 Internal Affairs brings it to the Police Chief 21 and then we address the problem and we move on. 22 But, apparently, when this got to me, this was 23 almost It was in a stage where you were getting 24 ready to get arrested; because, I heard something 25 about that a while back. APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 52 of 132 Page 51 1 But, at the time that already too (indiscernible). 3 But, what I'm saying is that, usually, people 4 when people have a problem with the police, you 5 know, they contact the Police Chief. If they don't 6 contact the Police Chief they contact the Mayor, 7 one of the City Councilmen or contact the City 8 Manager. 9 DR. Well, I talked to Lieutenant 10 Johnson. I talked to Sergeant Sherman. I had ll contact at (indiscernible). She sent a letter on 12 my behalf to Mayor Bateman. I contacted Senator 13 Marco Rubio. I went to the Citizen?s Advisory 14 Committee. 15 CHIEF ROLLE: Yeah. l6 DR. I mean I was I had done all 17 of this stuff before any of this shit happened. 18 CHIEF ROLLE: Uh-huh. 19 DR. I mean he mm 20 CHIEF ROLLE: But But The person you 21 should have contacted 22 DR. Well, I should have come to 23 you first. I didn't 24 CHIEF ROLLE: was me. 25 DR. I didn't know that. APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 53 of 132 Page 52 CHIEF ROLLE: Because, you All people did 2 everything here and nobody do nothing. 3 DR. MCDONOUGH: You know, typically 4 CHIEF ROLLE: You know what I mean, in all 5 honesty? 6 DR. What you're saying makes 7 sense. 8 CHIEF ROLLE: Yeah. 9 DR. MCDONOUGH: But, as a government employee, 10 we're taught to follow the chain of command. ll CHIEF ROLLE: Uh?huh. 12 DR. I mean if I wanted to I could 13 have paid $350 the next day and filed this in 14 Federal Court and sued him for $100,000,000. 15 CHIEF ROLLE: I understand. 16 DR. MCDONOUGH: I was I was trying to deal 17 with this amicably amongst all parties and I kept l8 trying to go the next level, the next level, to the 19 next level and I feel that every level people shit 20 on my head. 21 CHIEF ROLLE: I know. But, I'm the kind of 22 person that And, I've been here for thirty?four 23 years. I've been the Police Chief for sixteen 24 years. I was born and raised in Homestead; right 25 there on 4th Street, down the street from Packerd APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 132 Page 53 Williams. I've been And, people don't And I'll share this with you. I just had three of my police officers arrested DR. MCDONOUGH: Uh?huh. CHIEF ROLLE: last year. DR. MCDONOUGH: Rowan, Degan and Soto. CHIEF ROLLE: Uh?huh. For doing some nonsense in the town. DR. I heard Degan got off, unfortunately. CHIEF ROLLE: Well, they got arrested. You know, everybody can get off once you DR. MCDONOUGH: Yeah. CHIEF ROLLE: we get arrested. You know how that goes. But, did she do it? Oh yeah. Because, otherwise the State Attorney wouldn't put you in jail for nothing, especially a cop. DR. That?s not necessary true. The State's Attorney did that to me. CHIEF ROLLE: No, I said a cop. DR. MCDONOUGH: Oh, a cop. Okay. Yeah. They don't care about us. CHIEF ROLLE: There's a difference. There's a difference. Because, trust me, they're still APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 55 of 132 Page 54 1 fighting me right now because I did that. You 2 know, they think 3 DR. MCDONOUGH: Yeah. I?ve read a lot of 4 CHIEF ROLLE: Yeah. 5 DR. MCDONOUGH: negative Not that Not 6 you being negative; but haters being negative about 7 8 CHIEF ROLLE: For sure. 9 DR. MCDONOUGH: you; mainly from the P.B.A. 10 and F.O.P. 11 CHIEF ROLLE: Exactly, you know. And, they're 12 going to do that because, you know, I arrested our 13 own people. 14 DR. MCDONOUGH: Right. 15 CHIEF ROLLE: And cops aren't supposed going 16 to jail. And, the Police Chief, if you do that, 17 you know, people want to make it seems like you're 18 a bad guy. 19 DR. MCDONOUGH: NO. 20 CHIEF ROLLE: But, people said numbers don't 21 lie. Well, videos don't lie either; because, I got 22 the video of what they did, of what he did, really. 23 And, I've got audio of what she did. 24 But anyway, people can get off stuff. Like 25 My whole thing is, right now, you know, if she did APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 56 of 132 Page 55 1 if she gets off and gets her job back I did my 2 job. 3 DR. Yeah; because you had no 4 control over what happened after 5 CHIEF ROLLE: I have no control over what 6 happened. 7 DR. you 8 CHIEF ROLLE: Exactly. That's what I tell 9 guys here. You do your job and you don't take it 10 personally. You leave it alone. 11 DR. Let it rest of. If it's a 12 jury's job or the judge's job or the executioner?s 13 job 14 CHIEF ROLLE: That's right. 15 DR. That makes complete sense. 16 CHIEF ROLLE: Yeah. No. That's what I was 17 saying, you know, if you I think I believe if 18 I mean you went to the Mayor. You went to 19 people and everything. But, nobody did anything. 20 But, if you had gotten to me, he would have been 21 called in my office the next day. 22 DR. The same day Mayor 23 CHIEF ROLLE: Trust me. 24 DR. The same day Mayor Bateman got 25 my letter from Holly Rashon (phonetic) APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 132 Page 56 CHIEF ROLLE: Uh-huh? I DR. MCDONOUGH: is the same day Officer Maguido filed his stuff against me. CHIEF ROLLE: Oh. DR. I mean that could be coincidence. There's four or five things that happened coincident It's happened like the same day. CHIEF ROLLE: Yeah. Well, I don't -- You know, I don't You know, I just I don't know how they operate. But, I know how I operated, you know. DR. The same The same day that UNKNOWN MALE SPEAKER called me CHIEF ROLLE: Uh?huh? DR. and told me he was returning my phone call from several days later is the same day Officer Maguido dropped the second deposition. I don't think he was willing to give the deposition. He knew he was lying. CHIEF ROLLE: Yeah. DR. That?s my opinion. That's my opinion. I can't prove that. But, I feel very strongly APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 58 of 132 Page 57 I about that. 2 CHIEF ROLLE: I It's kind of It's kind 3 of sad that we're at this point. I wish it would 4 have never happened. 5 DR. MCDONOUGH: I wish it would have never 6 happened either. 7 CHIEF ROLLE: But, I don't know where you're 8 going to go from here from now; because, I mean 9 even right now, you know, I could bring him in and 10 I mean I'm quite sure he hasn't done anything; 11 because, when I did hear a little bit about that a 12 while back Because, I deal with so much stuff l3 I've got to deal with. 14 DR. MCDONOUGH: thhuh. 15 CHIEF ROLLE: I'm quite sure -- I hope you've 16 had no problem with him since. But, it's been too 17 late now; because, you've already been arrested and 18 19 Have you had any problem with him since thing 20 went down? I mean 21 DR. Last Friday, he drove past my 22 house chirping his sirens and gunning his engine. 23 CHIEF ROLLE: Okay. 24 DR. MCDONOUGH: Like I said, he's never driven 25 past my house before. APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 132 Page 58 CHIEF ROLLE: Yes. DR. MCDONOUGH: He was speeding. CHIEF ROLLE: Yeah. DR. And there's no need for him to come past my house and gun the engine the first CHIEF ROLLE: You should have gotten on the phone right then m" DR. I've got I've got a picture of it. I've got date and time CHIEF ROLLE: You should have called right away. CHIEF ROLLE: You should have called right away; because, even if I've got a picture that?s not enough to DR. Well, I I called you about thirty or minutes after that and CHIEF ROLLE: Oh. DR. MCDONOUGH: left a message CHIEF ROLLE: Okay. DR. MCDONOUGH: to have this meeting with you today. CHIEF ROLLE: Oh, Okay. DR. MCDONOUGH: I did call right CHIEF ROLLE: Okay. Well, good. Good. Because, I was out of town. APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 60 of 137 Page 59 1 DR. MCDONOUGH: Yeah. 2 CHIEF ROLLE: I was out of town. I was in 3 Hawaii. 4 DR. MCDONOUGH: All right. 5 MR. LIVINGSTON: I want to go. 6 CHIEF ROLLE: My son wanted to make it to the 7 Pro Bowl. So, I was over there. Right. 8 MR. LIVINGSTON: That's great. 9 CHIEF ROLLE: But, when I got back last Thursday? I believe it was. 11 You said you were meeting with 12 DR. MCDONOUGH: I called Friday. 13 CHIEF ROLLE: Yeah. 14 DR. (Indiscernible) Friday. I 15 called Friday and then I called back Monday. 16 CHIEF ROLLE: So, he came by your house? 17 DR. MCDONOUGH: He came by my house and he was 18 gunning his engine. It was like chirp 19 chirp, chirp chirp, chirp chirp. He kept 2O chirping the siren. I'm like what the 21 CHIEF ROLLE: Okay. And, that was last 22 Friday? 23 DR. MCDONOUGH: Yeah. 24 CHIEF ROLLE: Well, what I'm going to do -w 25 I'm going to let you know right now. See, I can APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 61 of 132 Page 60 1 only I can, pretty much, deal with what happens 2 from this point on. 3 DR. MCDONOUGH: Uh?huh? 4 CHIEF ROLLE: But, I'm going I?m going to 5 bring him in. I'm going to let him know that the 6 foolishness needs to stop. Okay? Point blank. I 7 did that I did that before. Because, I need 8 this kind of foolishness going on. If whatever 9 I mean if he's going to his house he needs to l0 find another way to go to his house and not go by 11 yours and don't cause no problems. 12 That's going to be told to him today. 13 DR. MCDONOUGH: Okay. l4 CHIEF ROLLE: And I'm going to Because, I 15 don't play games like that. And, they know I 16 don't. You know, I'm You know, I'm not a 17 politician. You know, I'm in charge of the safety l8 and welfare of the whole city of Homestead. 19 DR. MCDONOUGH: Yeah. 20 CHIEF ROLLE: And, I'm sworn under the you 21 know, under the, quote/unquote, you know, state 22 statutes to do my job. I'm not voted in and voted 23 out, you know, like the Mayor and these 24 politicians. 25 DR. MCDONOUGH: Yes. APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 62 of 132 Page 61 1 CHIEF ROLLE: I'm the law. And, there's a 2 I difference between us and them. 3 DR. MCDONOUGH: Yeah. 4 CHIEF ROLLE: But, quite naturally, you know, 5 I'm going to do my job and I've done it. And, when 6 people write stuff to me I don't care how minor it 7 is or how serious it is I'm going to address it. 8 As a matter of fact, you know And, 9 everybody knows how I am, you know. I try to do 10 everything the right way. 11 But, I don't need anybody being harassed 12 either way, from the police or from the police 13 harassing them. I don't need anybody treated any 14 different than they treat anybody else; because, we 15 all have family. 16 And, when somebody comes and tells me 17 something about something wrong here I'm going to 18 find out the facts. And, if I find out the facts 19 and it's true I'm going to deal with it. And, the 20 reason why I'm having such a difficult time now 21 with police offices here is because in the last two 22 years I've gotten rid of nine of them. 23 DR. MCDONOUGH: Oh, yeah. No. I -- 24 CHIEF ROLLE: I don't play. 25 DR. MCDONOUGH: I've got a list of a whole APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 132 Page 62 bunch of the bad guys. CHIEF ROLLE: Okay. Well, all right I DR. MCDONOUGH: Yeah. Yeah. CHIEF ROLLE: You see, I DR. MCDONOUGH: Including an illegal alien. CHIEF ROLLE: Yeah, exactly. DR. MCDONOUGH: Who How does somebody even try to do that? CHIEF ROLLE: Well, you know MR. LIVINGSTON: See, I always think of the positive. There's a lot of good. I mean I'm I know DR. MCDONOUGH: Yeah. MR. LIVINGSTON: what you're saying. But, there are so many of them cops out there that are so very nice for so many years. So, I mean, I'm I don't mean to say CHIEF ROLLE: They ruin people's They ruin the goods one like that. DR. MCDONOUGH: I know and mm MR. LIVINGSTON: But, there's a lot of good 011638 . CHIEF ROLLE: All you've got to do is just have one go bad and they think the whole department is bad. APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 64 of 132 Page 63 1 DR. MCDONOUGH: And, all you've to do is have 2 one bad guy; because, if one bad guy does 3 CHIEF ROLLE: One bad guy. 4 DR. MCDONOUGH: ten bad things where the 5 good guy might do one bad thing in his life or 6 something, so it just You're more If you had 7 something bad happened to you by police it?s more 8 likely the five percent of police that are bad that 9 are going to do it to you, not the ninetwaive 10 percent that are good. 11 MR. LIVINGSTON: It's -- 12 DR. MCDONOUGH: And like you said, nobody 13 trusts the good ones. 14 CHIEF ROLLE: Without question. 15 MR. LIVINGSTON: The other thing 16 DR. MCDONOUGH: It makes the job more 17 dangerous and more difficult because nobody trusts 18 anybody, nobody wants to feed information. 19 CHIEF ROLLE: It sucks man. It sucks. 20 MR. LIVINGSTON: Yeah. 21 DR. MCDONOUGH: The neighborhood is dangerous 22 because it's not getting properly policed. The 23 police are dangerous because they don?t have 24 information, the intel they need. Yeah, it just 25 doesn't APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 65 of 132 Page 64 1 MR. LIVINGSTON: See, the thing is m~ 2 DR. MCDONOUGH: It's not (indiscernible) well. 3 MR. LIVINGSTON: See, the thing is, I own two 4 properties across the street from his place they 5 have farm trees. 6 CHIEF ROLLE: Right. 7 MR. LIVINGSTON: Then I have another place in 8 197th. I have two more places on 193rd. These are 9 right off Mowry. So, what happens is, Loquidos 10 lives on 202 and we always use Mowry. So, you ll wonder why we're you run into him so many times. 12 CHIEF ROLLE: Yeah. 13 MR. LIVINGSTON: I mean he's given me like 14 three tickets and I'm WW I probably needed all of 15 them. I'm not saying it was wrong. I6 CHIEF ROLLE: I understand. 17 MR. LIVINGSTON: There was only one episode 18 when the trailer was broken, the axle was dragging 19 on the ground, and he made me put the tractor back 20 on and drag the trailer all the way down the street 21 with the axle dragging and it wore out the axle and 22 I had to replace it. 23 But, that happened a long time ago. 24 But, I'm not strong enough or I'm more of a 25 coward that I could never bring it up to you APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 137 Page 65 because I don't want problems. CHIEF ROLLE: I understand. MR. LIVINGSTON: You know what I mean? CHIEF ROLLE: I do. MR. LIVINGSTON: I just CHIEF ROLLE: But, let me tell you something. MR. LIVINGSTON: But, you know CHIEF ROLLE: The way I work here we're not as big as the county. We're a small police department. I've got 108 guys. I know about each of them. I know all of them personally. I know how they operate or anything; because, most of them I, pretty much, hired. But, if I find one of my guys retaliating on somebody in this community he's history. He's out of the door. I don't play that game. It's wrong. MR. LIVINGSTON: You told me that. DR. There's a couple of things I wanted to ask you, sir. CHIEF ROLLE: I'm serious. Uh?huh? DR. Now, if you can verify or document that he lied for employment, do you guys fire people for doing that? I mean just that alone. Forget everything else. I mean like I said APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 67 of 132 Page 66 CHIEF ROLLE: As a matter of fact, that's what 2 happened That's what happened to the one that 3 you said that 4 DR. MCDONOUGH: Yeah. I heard that happened 5 to a guy like a week or two ago. 6 CHIEF ROLLE: It happened to What's his 7 name? Via Real. That's why he 8 DR. MCDONOUGH: Via Real. Okay. 9 CHIEF ROLLE: (indiscernible) illegal. It 10 happened there. But, it happened to him. 11 DR. MCDONOUGH: Okay. 12 CHIEF ROLLE: And, like I said, you know, we 13 only did that because we were looking into 14 something else and then we found that and we went 15 back to 16 MR. LIVINGSTON: (Indiscernible). l7 CHIEF ROLLE: With these guys, I don't believe 18 it. 19 DR. MCDONOUGH: What I don't get is how the 20 guy gets in a DUI and calls in an injury. Isn?t a 21 DUI leading to a personal injury automatically a 22 felony in Florida, by my understanding? 23 CHIEF ROLLE: It is. But, you know, they've 24 got 25 DR. MCDONOUGH: They've got the union APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 68 of 132 Page 67 CHIEF ROLLE: the union 2 DR. MCDONOUGH: and the lawyers. 3 CHIEF ROLLE: They've got the union and the 4 lawyers. That's what I said, people get out of 5 stuff. You know, that's what happens. And, I 6 mean, he almost got out of this stuff down here 7 where we got him on camera spraying people and 8 beating up people. 9 DR. MCDONOUGH: Yeah. 10 CHIEF ROLLE: He almost got out of that. 11 DR. MCDONOUGH: And then, he tries to say the 12 camera was lying. No, I'll follow Like I said, 13 you know, I Sir, you know, when this happened I 14 went home and I wrote down everything I could 15 remember. 16 CHIEF ROLLE: Uh-huh. 17 DR. MCDONOUGH: And then, I started doing some 18 research like I had this list that night. 19 CHIEF ROLLE: Let me see that. Let me see it. 20 Oh, yeah. Okay. Yeah, you've got a list. It's a 21 22 DR. That's just the ones I could 23 find. And, like I said, my Google ain't that 24 great; but, it was good enough to find like ten or 25 eleven of them. APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 69 of 132 Page 68 I There is another one I heard which I've seen 2 in a bunch of difference place; but, I couldn't 3 really find anything that, in my mind, completely 4 backed it up. 5 They said something about in 2000 that some 6 officer had went into the homeless shelter and 7 forced women to strip naked for money. 8 But, like I said, I didn't really believe 9 that. 10 CHIEF ROLLE: Yeah. ll DR. It didn't seem like it was a 12 credible source. 13 MR. LIVINGSTON: Whatever. I think about 14 positive things. I only 15 CHIEF ROLLE: Yeah. 16 MR. LIVINGSTON: There's so much negative out 17 there. 18 CHIEF ROLLE: Where did you get this one? 19 DR. I just generated that. I 20 found all of that on?line: Homestead Police 2l corruption, dirty cops, corrupt cops, fired cops. 22 CHIEF ROLLE: Wowi This is amazing. 23 DR. MCDONOUGH: I had that in about thirty or 24 forty?five minutes. I could probably find some 25 more if I went and tried some. APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 132 Page 69 5 And, the handwritten stuff on there is what I found out later. I had other friends tell me. I showed them that and they were like, oh Wellian (phonetic), didn't just beat somebody. He also got in a DUI. And then, I guess, Orbah (phonetic) I know that he got in trouble for double?billing. But then, my maid told me about him hitting the person on the bicycle and killing him. MR. LIVINGSTON: I don't like thinking about it. CHIEF ROLLE: I know. MR. LIVINGSTON: I don?t -- CHIEF ROLLE: Let me copy this. This is DR. You can make a copy of it. CHIEF ROLLE: interesting. I want to It's interesting; because, everybody on here, I deal with them, if I have no choice. It's No lie. DR. MCDONOUGH: Yeah. CHIEF ROLLE: Hold on. (Thereupon, Chief Rolle exits the room.) MR. LIVINGSTON: No. He's nice. DR. Yeah. (Indiscernible). MR. LIVINGSTON: Huh? APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page ?132 Page 70 3 DR. MCDONOUGH: (Indiscernible). MR. LIVINGSTON: He's been played. DR. I think Maguido is in trouble. MR. LIVINGSTON: I think SO. DR. MCDONOUGH: How many copies is he making of that thing? MR. LIVINGSTON: Huh? DR. Do you hear that copy machine running; (untypeable sounds made). (Thereupon, a long pause occurred.) MR. LIVINGSTON: What was on it? A bunch of that stuff? DR. A list of a bunch of cops that fucked up here; all bad cops, yeah. MR. LIVINGSTON: In the last year? DR. MCDONOUGH: Last, like, four of five. (Thereupon, a long pause occurs after which Chief Rolle re?enters the room.) UNKNOWN FEMALE SPEAKER: (Indiscernible). UNKNOWN FEMALE SPEAKER: Was it a male or female? A female? UNKNOWN FEMALE SPEAKER: Yeah UNKNOWN FEMALE SPEAKER: Oh honey, you don?t need to do ??We could take care of that for ya. Oh you just wanted a okay ?~(indiscernib1e) APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 72 of 132 Page 71 1 said I could help you. She ah wants to speak to him 2 regarding a vouch. She wanted all agencies to um 3 celebrate for Ambassador?s Hotel, Department of 4 Corrections, Alumni. 5 UNKNOWN FEMALE SPEAKER 2: Yea just leave it, 6 they (inaudible) just leave it with you and I'll 7 get it 8 UNKNOWN FEMALE SPEAKER: Ok ma?am, 9 UNKNOWN FEMALE SPEAKER 2: All right. 10 UNKNOWN FEMALE SPEAKER: Thank you. Bye?bye. ll CHIEF ROLLE: Thank you. 12 DETECTIVE AQUINO: You're name? 13 . CHIEF ROLLE: I've got to leave out of here in 14 about 15 MR. LIVINGSTON: Albert Livingston. l6 DETECTIVE AQUINO: Detective Aquino. 17 DR. MCDONOUGH: Dr. McDonough. 18 CHIEF ROLLE: I've got to leave out of here 19 about five minutes to one. I've got another 20 meeting to run to. 21 But, I wanted to This is Detective Aquino, 22 Internal Affairs. This is Dr. McDonough. 23 DR. Yeah. We spoke on 3/19. 24 CHIEF ROLLE: Let me have that. I want to 25 keep that; because, this is interesting. APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 73 of 132 Page 72 1 DETECTIVE AQUINO: Yeah. 2 CHIEF ROLLE: Because, I usually don't keep 3 tabs of who I have to spank. But, this is 4 interesting and I was going through it. We were 5 just I was just going through this. 6 DR. MCDONOUGH: No. And, there was a whole 7 lot more. These are just ones that we in, like, 8 that last five years, when I put it together. 9 CHIEF ROLLE: Yeah. That's what I 10 DR. MCDONOUGH: I mean, like I say, I wasn't 11 trying to find stuff from thirty years ago. 12 CHIEF ROLLE: No. No. No. I'll just I 13 was just curious because WM 14 DR. MCDONOUGH: You've got them all 15 (indiscernible). 16 CHIEF ROLLE: Well, you know Because 17 People talk trash and everything; but, you know, 18 it's nothing that I went and created, you know. 19 It, kind of, fell in my lap. We had to deal with 20 it. But, people got a problem with that; because, 21 I do address stuff like that. And, I've been doing 22 that since I've been here. 23 DR. Hey, you get the most flack 24 when you're directly over your target. 25 CHIEF ROLLE: I know. I know. I just wanted APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 74 of 132 Page 73 to hear what you had on Officer and 2 DR. MCDONOUGH: Yeah. I just saw that. Like 3 I said, I didn't see a name. So, I didn't see a 4 name on that. 5 CHIEF ROLLE: (Indiscernible). 6 DETECTIVE AQUINO: (Indisoernible) Wilson. 7 CHIEF ROLLE: Wilson. That's when he's 8 supposed to chase the guy in the car or something 9 and he thought it was a burglar. 10 DR. MCDONOUGH: The way I read it on?line it 11 seemed like he shot somebody in the back running 12 away. 13 CHIEF ROLLE: Yeah. He -- 14 DR. MCDONOUGH: So, I kind of didn't think 15 that was a good thing. 16 DETECTIVE AQUINO: No, that wasn't the case. 17 DR. MCDONOUGH: This was Yeah. This was 18 DETECTIVE AQUINO: If we know 19 CHIEF ROLLE: No, he wouldn't 20 DR. MCDONOUGH: Like I said, I don't know what 21 happened. 22 CHIEF ROLLE: This wasn't a shooting. 23 UNKNOWN MALE SPEAKER: (Indiscernible) 24 shooting. 25 CHIEF ROLLE: Did it say shooting? APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 75 of 13? Page 74 1 DR. Well, didn't it say he shot at 2 a robbery, a fleeing robber. 3 CHIEF ROLLE: No. It just says Homestead 4 Police 5 MR. LIVINGSTON: shoots fleeing burglar. 6 DR. Which make me think that if 7 he's fleeing he's running. So, 8 UNKNOWN MALE SPEAKER: (Indiscernible). 9 DR. MCDONOUGH: But, like I said, I couldn't 10 find a name on that. I just saw that. So, I just 11 wrote it down. 12 CHIEF ROLLE: 2010? 13 DETECTIVE AQUINO: Where did you get that 14 from? 15 MR. LIVINGSTON: Oh, yeah. They wouldn't 16 (indiscernible). l7 CHIEF ROLLE: That wasn't (indiscernible) in 18 2010. l9 DR. Just research on?line. 20 CHIEF ROLLE: Yeah, 2010. 21 DETECTIVE AQUINO: On-line? 22 DR. You know what? 23 DETECTIVE AQUINO: There's one time the line 24 said that we had somebody It was espionage from 25 Russia here. I mean aathx-CLVW .. :46. m. APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 76 of 132 Page 75 1 Someone to come And I was like no, 2 everything on?line is not actually true. You know 3 4 DR. Yeah. No, I understand that. 5 DETECTIVE AQUINO: what the hell are you 6 talking about. 7 DR. It's 8 DETECTIVE AQUINO: Just because it doesn't 9 make it on?line it's never backed or doubled. Some 10 of the things have in there that we addressed and ll do. But, that is, maybe, the first print of 12 someone's statement, what they said or 13 DR. Yeah. Well, this is just me. 14 DETECTIVE AQUINO: (Indiscernible). 15 DR. I just made that up on, you 16 know, Microsoft Word, by just me finding different 17 officers that have been 18 DETECTIVE AQUINO: Authors Yeah, like I 19 said 20 DR. (Indiscernible) came from new 21 stories. 22 DETECTIVE AQUINO: Line I said there was a 23 (indiscernible) you said from a news story that you 24 were working with. 25 CHIEF ROLLE: Okay; yeah. APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 77 of 132 Page 76 1 DR. MCDONOUGH: There was one I saw on?line 2 DETECTIVE AQUINO: (Indiscernible) what the 3 hell you've got (indiscernible). 4 DR. MCDONOUGH: and There was one I saw 5 on?line and I found it, like, seven or eight 6 different places. 7 3 DETECTIVE AQUINO: This is (indiscernible). 8 DR. MCDONOUGH: But, it seemed weird and I was 9 like no source like original source for and it 10 said something about Homestead Police get in 11 trouble in 2000 for going to the homeless shelter 12 and forcing women to strip naked for money. 13 But, like I said, that seems 14 DETECTIVE AQUINO: Yeah, the homeless 15 DR. so crazy like 16 CHIEF ROLLE: See, we don't 17 DETECTIVE AQUINO: But, that's why media 18 And media When you've got CNN or open media or a 19 professional media person -- 20 DR. MCDONOUGH: Yeah. 21 DETECTIVE AQUINO: I can be someone who is 22 instituted in a mental institution for four year 23 and came out and I think, you know, the whole 24 country 25 DR. MCDONOUGH: Yeah. APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 132 Page 77 DETECTIVE AOUINO: ?m is being run by secondary aliens and buy the bio on the Internet and everyone picks it up and it goes viral. DR. MCDONOUGH: Yeah. You know, exactly. DETECTIVE AQUINO: It has nothing to me to be DR. MCDONOUGH: No. DETECTIVE AQUINO: factual because a journalist has to have three sources. They?re professionals. They can be out front and know who they are. MR. LIVINGSTON: So, the Chief would have to DETECTIVE AOUINO: We have some of those MR. LIVINGSTON: go and deal DETECTIVE AQUINO: things (indiscernible). MR. LIVINGSTON: You know that guy (indiscernible) lives next door. He lives with DETECTIVE AOUINO: (Indiscernible). DR. Yeah, we (indiscernible). (Thereupon, all parties were speaking over each other. Unable to transcribe.) DR. MCDONOUGH: (Indiscernible). Officer Maguido. DETECTIVE AQUINO: Okay. Okay. Okay. Okay. APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 79 of 132 Page 78 I don't know. What was our (indiscernible)? 2 CHIEF ROLLE: No. No. We're good. I just 3 wanted you to just come in; because 4 DETECTIVE AQUINO: Oh, okay. 5 CHIEF ROLLE: He's already gone over it with 6 me. 7 DETECTIVE AQUINO: Oh, with you. 8 CHIEF ROLLE: But, I don't know where this is 9 going. But, I'm going to I'm going to ?w 10 DR. You can look through that and 11 you've got 12 CHIEF ROLLE: Yes. 13 DR. "w my contact. We can have 14 another meeting. 15 CHIEF ROLLE: Yeah, I will. 16 DR. MCDONOUGH: If you want, I can put 17 something together a little bit more for you. Like 18 I said, I didn?t know exactly what to give you. I 19 didn't want to I want to give you enough so you 20 could see kind of a rough 21 CHIEF ROLLE: Yeah. 22 DR. idea of what going on 23 without Like, I've got office boxes. I mean I 24 won't come up in here and 25 CHIEF ROLLE: NO. No. No. APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 132 Page 79 i DR. MCDONOUGH: drop them on your desk. CHIEF ROLLE: I know. I've got a pretty good idea of what kind of went down. I know who we have and everything. But, I don't know where you're going to go with the rest of this; because, I'm going to take care of my part. DR. MCDONOUGH: Yeah. CHIEF ROLLE: And my part is that I'm going to bring him in and tell him that he's to cease and desist any dealings with you, going to your house or whatever he's done and everything. He I'm going to let him know that today. DR. MCDONOUGH: Yeah. CHIEF ROLLE: And, you know And, he knows when I tell him that, you know, I'm serious. You won't have any more problems with him after 2/7. Today is the seventh? Right. DR. MCDONOUGH: Yeah, I think so. That sounds right. DETECTIVE AQUINO: When you Was this an issue You weren't the one who went to his home or anything that? DR. MCDONOUGH: Yeah, that's me. DETECTIVE AQUINO: And were you arrested, DR. Yes, I was. APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 132 Page 80 DETECTIVE AQUINO: "w as well? And, you were taken DR. MCDONOUGH: Based on his false statements. DETECTIVE AQUINO: I understand. What happened to that case? DR. MCDONOUGH: That's all dismissed. DETECTIVE AQUINO: It's all gone. So, that's the final disposition of that? DR. Final disposition, dismissed in my favor. DETECTIVE AQUINO: And you?re doing this because of that, what happened back then or because of new stuff now? DR. MCDONOUGH: Because of all of it. Nothing has happened since. MR. LIVINGSTON: One thing did. When he came by and chirped last week. DR. MCDONOUGH: Yeah. October 29th of CHIEF ROLLE: I'll be (indiscernible). DR. October 29th of 2012 is when I went and I talked to him and I asked him not to run me off the road. I was concerned for the safety of the children in the neighborhood. I get about two blocks away DETECTIVE AQUINO: We dealt with that. APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 132 Page 81 DR. MCDONOUGH: No. DETECTIVE AQUINO: I think we had -- DR. MCDONOUGH: No. We never dealt with that. We never dealt with that, sir. That was never dealt with. DETECTIVE AQUINO: Well, did you call me? DR. MCDONOUGH: I called you in January and left a message. You called me in March telling me you were returning my phone call from several days earlier. DETECTIVE AQUINO: Okay. DR. I documented the whole conversation. You said that you were documenting it as well. So, DETECTIVE AQUINO: Yeah. And DR. MCDONOUGH: I don't know mm DETECTIVE AQUINO: ~m everything is in RMS and everything is in our system. DR. What I'm really curious about is I called Internal Affairs on 1/24. The officer filed a restraining order against on 2/28. In that restraining order he says that I contact I.A. and he was advised to file a protection order against me. APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 132 Page 82 On 3/19, you called me. How did he know that I contacted Internal Affairs before you ever even returned my phone call? I'm not putting this on you. I'm saying how did he know that? DETECTIVE AQUINO: I'd have to DR. MCDONOUGH: Or, is he just perjuring himself? DETECTIVE AQUINO: I'd have to look. No, he's not perjuring himself. DR. So, somebody DETECTIVE AQUINO: All the information that if we had or what he had with you, he, as an officer, even living at his home, has a right to call people and do want he wants to do. If he knows that we if we called him or contacted him or you might have told him you were contacting him DR. I never contacted told him that. DETECTIVE AQUINO: or whatever it may be he can put down what he feels he's in jeopardy of and it went through the due process. Obviously, since this has all happened, you had no contact with him. APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 132 Page 83 DR. MCDONOUGH: No, sir; until last Friday. He drove past my house gunning his engine and chirping his sirens. CHIEF ROLLE: Last You said last Friday. DR. Last Friday we DETECTIVE AQUINO: What time? DR. At 12:02 p.m. CHIEF ROLLE: Okay; 12:02. Okay. MR. LIVINGSTON: And he lives on 324; because, we DR. He lives on my street? MR. LIVINGSTON: but, it's DR. MCDONOUGH: Like four or five blocks west of me. MR. LIVINGSTON: Like 202 is the main drag. You have to go through like a residential if you wanted to, you know, go west or east and then back out to Mowry once he hits, you know, 197. CHIEF ROLLE: Okay. DETECTIVE AQUINO: And your name again, sir? I'm sorry. DR. MCDONOUGH: Dr. James McDonough. DETECTIVE AQUINO: or M.D. DR. MCDONOUGH: Yes, Sir; CHIEF ROLLE: Yeah. You know, see ?u And, the APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 132 Page 84 reason why DR. MCDONOUGH: DETECTIVE AQUINO: I?m sorry, sir. DR. MCDONOUGH: CHIEF ROLLE: And the reason why I was telling Detective Aquino that; you know, he said that he was told by the F.B.I. when this first went down and everything to contact Internal Affairs and I was telling him that they told him the right thing to do because Internal Affairs works for me. But, if he I said if you were to contact me when this first started happening, even the first three incidents DETECTIVE AQUINO: Before it got to the point where they got CHIEF ROLLE: Got to this point. We would have dealt with it because I told you I told him that we had a school teacher call me because one of our police officers who lives here lives in we What's the name? Is that DETECTIVE AQUINO: Palm Breeze? CHIEF ROLLE: NO. DETECTIVE AQUINO: Are you talking about down at Cutler Ridge? CHIEF ROLLE: Yeah, Cutler Ridge. APEX REPORTING GROUP Page 85 of Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 132 Page 85 DETECTIVE AQUINO: The Cutler Ridge area. CHIEF ROLLE: He called me and said that the officer had a confrontation with him because it's the same thing. Well, we called him right back the same day and we dealt with that and pulled the officer in and, pretty much, told him look, you know, you don?t handle it like that. We told him how to deal with it and everything. He knows we don't play games and that went away, supposedly. I asked the supervisors to take care of that. But, I was just saying that if you would have called me or, either, called him, even at the first two times that went down with Maguido Because, this guy This got nasty here. It got to the point where you ended up getting yourself arrested. And then, DR. Because, he lied. CHIEF ROLLE: Yeah. Well, I know. But, I'm saying, you know, it's just too much stuff happened and right now it's to the point, right now, where if you were to sue us and file suits and everything, you know, we?re going to have This APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 87 of 132 Page 86 1 here is going to have some problems based on what 2 you just you're telling me and what you're 3 showing me. 4 DR. MCDONOUGH: Oh, yeah. 5 CHIEF ROLLE: Because, you did some homework. 6 DR. MCDONOUGH: Based under Federal and State 7 statutes, if he got the maximum of every one that I 8 believe_he's guilty of it's over 200 years of 9 statutory violations. 10 CHIEF ROLLE: Well, you know, it ain't going 11 to there. l2 DETECTIVE AQUINO: Yeah. 80, 13 DR. MCDONOUGH(Thereupon, all parties were speaking over each 15 other. Unable to transcribe.) l6 DETECTIVE AQUINO: You're saying he's lying. 17 DR. MCDONOUGH: No. 18 DETECTIVE AQUINO: He's saying you're lying. 19 DR. MCDONOUGH: No. Let me explain what 20 DETECTIVE AQUINO: It's 21 DR. It's a third degree felony up 22 to five years in prison. You get charged with a 23 third degree felony, even if you're found guilty, 24 very few people serve five years. I understand 25 that. APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 88 of 132 Page 87 1 CHIEF ROLLE: Yes. 2 DR. I'm just saying adding up all 3 of the statutes here 4 DETECTIVE AQUINO: Keep Keep You know 5 DR. Well, I can prove a lot. It?s 6 not just my word against his. 7 CHIEF ROLLE: No, I know. But, I?m just 8 saying, you know, I don't know where you want to go 9 with this now. 10 But, I can assure you as of this date, by your 11 coming and telling me Because, see; he's See, 12 he's contact the Mayor. He?s contacted a lot of 13 people and everything which was fine. But, I was 14 telling him that until he gets to me, and you know 15 I'm not just kidding, it ain't nothing is going 16 to happen. 17 DR. Well, I contacted Marco Rubio 18 and Holly Rashon and the Mayor because I was not 19 getting a return phone call from Internal Affairs. 20 It took over two months before you called me 21 back when I called and left a message. 22 DETECTIVE AQUINO: And you are, sir? 23 DR. He's a friend. 24 MR. LIVINGSTON: I'm Albert Livingston. 25 DETECTIVE AQUINO: You're part of this, too? APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 89 of 132 Page 88 1 MR. LIVINGSTON: I'm a tree farmer "w 2 DETECTIVE AOUINO: You're involved in this, 3 too? 4 MR. LIVINGSTON: NO, I'm a 5 DETECTIVE AOUINO: You're in the same 6 neighborhood? Were you a witness to any of this or 7 just 8 MR. LIVINGSTON: Well, 9 DR. MCDONOUGH: He witnessed some of it. 10 MR. LIVINGSTON: Just some of it. 11 DETECTIVE AQUINO: What's some? 12 MR. LIVINGSTON: Some. Well, mainly, what it 13 is, is speeding. You know, like we live on the 14 same street 15 DETECTIVE AOUINO: Street. Okay. You 16 MR. LIVINGSTON: and l7 DETECTIVE AQUINO: I'm sorry. You name, 18 again? 19 MR. LIVINGSTON: Albert Livingston. 20 DETECTIVE AOUINO: So I know. 21 MR. LIVINGSTON: I'm the tree farmer in the 22 neighborhood. 23 DETECTIVE AOUINO: Albert Livingston? 24 MR. LIVINGSTON: Yeah; 25 DETECTIVE AOUINO: And you're address, sir? APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 90 of 132 Page 89 1 MR. LIVINGSTON: 31501 Southwest l97th Avenue. I 2 I have like four locations within a mile of there. 3 You know, another place 4 DETECTIVE AQUINO: You mean what you service? 5 That you 6 MR. LIVINGSTON: Well, I own ?w 7 CHIEF ROLLE: Own. 8 MR. LIVINGSTON: the property where I do 9 tree farms. lO DETECTIVE AOUINO: Where you do tree farms? ll MR. LIVINGSTON: Yeah. And then, my sister, 12 within five has five locations within a mile 13 from that; 197 and Mowry. We ?m 14 CHIEF ROLLE: So, you all own the place out 15 there. 16 MR. LIVINGSTON: Well, we have a lot of 17 locations. 18 DETECTIVE AOUINO: And you have a phone number 19 or contact number? 20 MR. LIVINGSTON: Yeah; 305w345?9100. 2l DETECTIVE AQUINO: And your contact, sir; 22 Doctor? 23 DR. Before all 24 About two weeks before all of this went down my 25 work had called me. They were going to put me APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 132 Page 90 through for a top secret security clearance. That's seems to have, pretty much, gone down the shit tubes now because of this officer's action. So, one of the things, I was also going to request is you could write a letter just explaining that after this investigation is done, if you find that you agree with me, that this everything done against me was false and the officer who did it has been disciplined; because, I'm really concerned that this is going to affect my future career. CHIEF ROLLE: Well, I don't know how far you're going to go with this. But, you know, I can't I can't overrule what a judge does. I can't overrule what a DR. MCDONOUGH: NO. I CHIEF ROLLE: county does. You know, I can only deal with what you're going to do and how I'm going to handle this with him. DR. MCDONOUGH: Yeah. CHIEF ROLLE: And, like I said, you know, where I'm at right now, the only thing that I have right now with him is he came by your house last Friday and chirped. MR. LIVINGSTON: And chirped. APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 92 of 132 Page 91 1 CHIEF ROLLE: Now, this stuff here. This is 2 going to have to be really thought out and proven 3 that he did something wrong through mm probably, 4 through a court of law. Do you see what I'm 5 saying? Because, even if we're looking at all of 6 the stuff and everything, you know, it?s his word 7 against your word. You know what I mean? It's a 8 mess. 9 I don't know where it?s going to end up at; 10 because, I don't know what your plans are, what 11 you're going to do and everything. 12 But, once you do what you do and then after 13 everything is done with what you do and everything, 14 then we?ll talk about helping you out with your 15 other stuff. Because, right now, I don't know 16 exactly what went down other than you all It's 17 been a real pissing contest. 18 And, this is not It's not It's nasty. I 19 don't like how it looks. I don't like going to 20 jail. But, I just I do I do 21 DR. MCDONOUGH: When I left his house, in 22 October, I got about two blocks away before he 23 chased me down. 24 He got in his car and was just gunning his 25 engine. I figured he was going to blow past me at APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 93 of 132 Page 92 I like eighty miles an hour and try to rush up here 2 to tell you his story before I got there. 3 CHIEF ROLLE: Yeah. I hear you. 4 DR. MCDONOUGH: And as soon slammed on his breaks. He's like stop right 6 there. If you leave I'm going to arrest you. And, 7 he said, I'm going to show you, you don't come to a 8 cop's house. I'm going to show you, you don't fuck 9 with a cop. IO CHIEF ROLLE: Yeah. 11 DR. MCDONOUGH: I'm what the hell. 12 CHIEF ROLLE: Well, you know I can't say what 13 his I guess, what his reasons were at that time. 14 But, if you would have told me about that and I'm a 15 cop, I would have told you don't go to his house. l6 DR. MCDONOUGH: Well, he asked me. 17 CHIEF ROLLE: That's I would have told you. 18 DR. MCDONOUGH: No. I didnhouse. 20 CHIEF ROLLE: No, I know. I wouldn't have 21 even gone by regardless. 22 MR. LIVINGSTON: I wouldn't go by there. 23 CHIEF ROLLE: No. Because, you know what, it 24 ain't going to end up good. 25 MR. LIVINGSTON: No. APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 132 Page 93 CHIEF ROLLE: Because, at the end of the day, you know, because he's a sworn officer, people are going to believe him as opposed to believing you unless you've got some witnesses there that are reputable and are going to sitting there and say, hey, this guy did that. That's It's your word against his word. And, it's It's kind of sad that it's that way; because, like I told you, we've got a guy on camera that got away. DETECTIVE AQUINO: The statute protects officers' homes or any CHIEF ROLLE: Yeah. DR. MCDONOUGH: What's that? DETECTIVE AQUINO: It protects officers' home addresses, law enforcement; anybody in law enforcement, police officers, federal agents DR. MCDONOUGH: What does? DETECTIVE AQUINO: A statute that protects their home address being exposed to the public. DR. Oh, you said home address being Okay; yeah. DETECTIVE AQUINO: Or responding to their homes. DR. MCDONOUGH: Yeah. He's APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 132 Page 94 CHIEF ROLLE: See ~w See DR. Yeah, he's a public official. So, if I wanted to I could write up, pretty much, everything I want to about him and trash him. DETECTIVE AQUINO: You can say whatever you want. But, you can?t put his DR. MCDONOUGH: But, I can't put his address and his phone number CHIEF ROLLE: Yeah. DETECTIVE AQUINO: Please, put on Obama right now and you can see how he's a conspirator and have the worst DR. MCDONOUGH: Well, I mean, this all happened because of his retaliation. DETECTIVE AQUINO: Anyone can say what they want in DR. Unless you're Maguido; because, what I was saying was speech and public concern because I was concerned and I was criticizing his performance of police duties as constitutionally protected activity. Him coming back and chasing me for that is retaliation DETECTIVE AQUINO: Okay. DR. for freedom of speech. APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 96 of 132 Page 95 1 DETECTIVE AQUINO: When you said he went were 2 by your residence on what day was this? You're 3 saying he chirped? He went by and 4 CHIEF ROLLE: That was last Friday. 5 DR. MCDONOUGH: Last Friday. 6 CHIEF ROLLE: Friday. 7 DETECTIVE AQUINO: Last Friday. And that date 8 was? Just to make we've got this. 9 CHIEF ROLLE: Yeah, I'll look. 10 DETECTIVE AQUINO: I just want to make sure 11 what If the Chief says he wants it addressed 12 because you had this specific complaint, we have 13 all of this recorded, what you stated and this 14 DR. Can I get a copy of all that? 15 DETECTIVE AQUINO: and went it went in. 16 DR. Or, do I just need to fill in 17 a public records request? 18 DETECTIVE AQUINO: A public records request on 19 there. 20 CHIEF ROLLE: Yeah, a public 21 DETECTIVE AQUINO: And, it's disseminated. 22 CHIEF ROLLE: You can get it all. I just I 23 just ?m 24 DR. MCDONOUGH: What everything? I just say the entire for me? APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 132 Page 96 CHIEF ROLLE: City Clerk. I DR. No. No. No. I've done public records requests to the City Clerk. CHIEF ROLLE: Okay. DR. MCDONOUGH: But, I'm saying what is it that I'm requesting to get all of this that you're talking about; the RMS for me or CHIEF ROLLE: Well, if you?re talking about getting the Internal Affairs investigation you want Because, you've got everything. You need everything You've -- DR. I want everything the Homestead Police Department has about me. CHIEF ROLLE: Oh, okay. DR. Everything that he said to CHIEF ROLLE: Oh, about you? DR. her; everything he said to him, everything you wrote down. I want everything I can that you guys have. CHIEF ROLLE: Okay. Okay. DR. MCDONOUGH: But, I mean do I need to do a bunch of requests and ask for fifty different things or "w CHIEF ROLLE: You'll probably need to a request and ask for all records and, maybe, reports APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 132 Page 97 that was DR. Can I put that attention to you when I do the public records request? DETECTIVE AQUINO: NO. It goes to the City Clerk's Office. CHIEF ROLLE: Yeah. They'll DETECTIVE AQUINO: They'll send it to him. CHIEF ROLLE: They'll send it to the police. They'll send it to the police. DETECTIVE AQUINO: They have to record it, document it DR. MCDONOUGH: Uh?huh. DETECTIVE AOUINO: and then anything that You could say I want anything with my name on it DR. Okay. DETECTIVE AQUINO: on there including Internal Affairs investigations mm DR. Okay. DETECTIVE AQUINO: if it's closed. MR. LIVINGSTON: I'm very neutral about DR. No. A FOIA request would (Thereupon, all parties were speaking over each other. Unable to transcribe.) CHIEF ROLLE: But, he's not going to have no APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 132 Page 98 retaliation; because, I don't play that. And, I let the guys know. And I always let them know. When I say it it's over. MR. LIVINGSTON: Okay. CHIEF ROLLE: I don?t play that DR. But, one thing I was just really confused about or like kind of really has curious and I want Maybe Probably You've got so much, you probably don't remember. On 4/15, the day I was arrested, you and Albert were talking that same day. He was in Homestead doing MR. LIVINGSTON: We went to the ?w DR. (Indiscernible). MR. LIVINGSTON: (indiscernible). I mentioned something about what was happening. We were just walking up to the pond that time. It was a few months back, when they were doing the ribbon cutting. CHIEF ROLLE: Oh, yeah. Yeah. Yeah. MR. LIVINGSTON: And. Remember I said something. CHIEF ROLLE: Yeah, I remember that. I remember. MR. LIVINGSTON: Yeah. And then, you said APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 100 132 Page 99 something that me about Metro was taking it over, something like that. I don't And, I don't Listen. I don't retain like him. I'm a tree farmer. CHIEF ROLLE: Right. You told me. You said you had good friend that has some problems or something. MR. LIVINGSTON: Yeah; with the cop. CHIEF ROLLE: And I said DETECTIVE AQUINO: And this was January 3lst; right? CHIEF ROLLE: something about it. MR. LIVINGSTON: Yeah. CHIEF ROLLE: I remember that. DETECTIVE AQUINO: Are we talking January 3lst? DR. MCDONOUGH: Yeah, that sounds right. DETECTIVE AQUINO: (Indiscernible). DR. MCDONOUGH: Friday. DETECTIVE AQUINO: At what time? DR. MCDONOUGH: 12:02 p.m. But, like, the next day after that, he came by and he told me that He said you had made some comment. Something along the APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 101 of 132 Page 100 1 MR. LIVINGSTON: (Indiscernible). 2 DR. lines that Miami?Dade was 3 so upset with how my complaint processed. They 4 were coming after me to get me or something like 5 that. 6 MR. LIVINGSTON: No. He just said that Metro, 7 I think, was going take it over or something like 8 that. 9 CHIEF ROLLE: I just said I said that's 10 Metro Dade's case. I think they was the one that 11 had to deal with the I guess with the 12 DETECTIVE AOUINO: Restraining order. 13 CHIEF ROLLE: Restraining order. 14 MR. LIVINGSTON: Yeah. Because, that's when 15 it is and then the he was gone. 16 CHIEF ROLLE: Yeah. He was 17 MR. LIVINGSTON: They got you. 18 CHIEF ROLLE: Yeah. You was already I 19 think you was already locked up. 20 DR. MCDONOUGH: No, I got 21 CHIEF ROLLE: Oh, you weren't? 22 MR. LIVINGSTON: That was the night you guys 23 talked 24 DR. MCDONOUGH: No, I got locked up that 25 night. APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 102 132 Page 101 You guys were talking in the afternoon and I got picked up about eight o'clock. CHIEF ROLLE: Oh, okay. Okay. MR. LIVINGSTON: The next day. CHIEF ROLLE: I said there's a possibility that they're going to come out and they may have to deal with you on that; whatever it was. But, I know it was something you said about About It was some kind of Either this restraining order or something they had on you. DR. MCDONOUGH: It's when he told me I remember him saying something. It seemed like he was saying something along the lines that It seemed like it came off like Miami?Dade was upset with how my complaint process and that was what was making them want to come after me. CHIEF ROLLE: No. No. No. They've got to do their job regardless. DETECTIVE AQUINO: Who said that? CHIEF ROLLE: They can't DR. MCDONOUGH: My understanding is that DETECTIVE AQUINO: So, it was hearsay from somebody else; not DR. MCDONOUGH: from Chief Rolle to Albert. CHIEF ROLLE: Yeah. APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 103 of 132 Page 102 DETECTIVE AQUINO: And we clarified that 2 understanding? 3 DR. MCDONOUGH: Yeah. 4 CHIEF ROLLE: No. No. No. I don't even I 5 hadn't dealt with them. The only thing I knew was 6 that I think that somebody mentioned me 7 DETECTIVE AQUINO: (Indiscernible). 8 CHIEF ROLLE: It may have been Aquino told me 9 that they might he had went and filed a 10 restraining order and Miami?Dade was going to go 11 and address that with you if they had a restraining 12 order. That's 13 DETECTIVE AQUINO: And had probable cause or 14 whatever they had. 15 CHIEF ROLLE: Had probable cause. But, as far 16 as them 17 DETECTIVE AQUINO: Because, that's not our 18 jurisdiction. 19 CHIEF ROLLE: being angry and stuff, you 20 know, they don't even They don't know Maguido to 21 be angry with you to not go and do their job. 22 Because, we don?t work that and I'm quite sure they 23 don't work that was either. 24 DR. MCDONOUGH: Yeah. I just You know, my 25 understanding is to have probable cause you have APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 104 132 Page 103 to, at least, be able to argue that the elements of the crime could have been met. CHIEF ROLLE: Well, you know, if they got something I don?t know what they're reason is for doing it. But, if they believe that what he said was factual DR. But, even if you look at what he's saying to be true, CHIEF ROLLE: Yeah. DR. if you view it in the light most favorable to him, he says that we talked two times and he says I was criticizing the performance of his behavior, which is constitutionally protected activity, which is excluded from the definition of course of conduct, which is part of the definition of harassment. DETECTIVE AQUINO: (Indiscernible). CHIEF ROLLE: Yeah. But, you DR. MCDONOUGH: I'm not sure how familiar you are with the stalking statute, 784.048. CHIEF ROLLE: But, you've got remember the AmForm I mean that A?Form you?re talking about had nothing to do with DR. (Indiscernible) protected activity is excluded from course of conduct in APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 105 of 132 Page 104 1 harassment. Correct? 2 DETECTIVE AQUINO: Correct. But, whatever 3 they What they had I don't have the 4 documents. 5 DR. Oh, we have m_ 6 DETECTIVE AQUINO: I don't want to go and 7 DR. Yeah, we have it right here. 8 DETECTIVE AQUINO: No. No. Reference what 9 happened on the other investigation and what they 10 did back We could sit here a philosophize on 11 what law should mean and articulate all day long 12 and we'll be on our sixth six pack to discussing 13 different opinions or what people believe. 14 But, that's not what we?re here for. I need 15 to focus on today we?re here for whatever happened 16 in the past because they did their P.C. 17 In my twenty?eight years people have been 18 arrested, charges dropped, charged, plea, whatever 19 reason It has multiple reasons. 20 Whatever they felt that was the element of the 21 crime I'm not here to debate or to talk about 22 DR. MCDONOUGH: Yes. 23 DETECTIVE AQUINO: what Metro Dade law, 24 legal standards m~ 25 DR. MCDONOUGH: Yes. APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 106 of 132 Page 105 1 DETECTIVE AQUINO: or what a case was. 2 DR. I was just 3 DETECTIVE AQUINO: I am not a judge. I'm not 4 here to say I have the facts presented and we're 5 going to have It is a discussion; but, well, I?m 6 here as Internal Affairs just to deal with why am I 7 here today. 8 DR. Yeah. No, I understand. 9 DETECTIVE AQUINO: So I'm being here is that 10 alleging that a complaint ?w and Officer Maguido 11 drove by your residence on the last the 31st, 12 2014, on Eriday,at approximately we 13 DR. MCDONOUGH: 12:02 p.m. 14 DETECTIVE AQUINO: At 12:02 p.m. And 15 DR. MCDONOUGH: Gunning his engine 16 DETECTIVE AQUINO: -- what? 17 DR. and chirping the siren 18 repeatedly. 19 DETECTIVE AQUINO: Gunning mm 20 DR. I'm assuming he had the Harley 21 down in first or second gear, just gunning it as 22 loud as he could and continuing to chirp 23 DETECTIVE AQUINO: You You're talking 24 Harley? A You said he was 25 DR. Yes, he was on his APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 107 of 137 Page 106 1 DETECTIVE AQUINO: on his 2 Gunning his 3 MR. LIVINGSTON: It's a police 4 Right? 5 DETECTIVE AOUINO: And you were there? 6 MR. LIVINGSTON: NO. I was not there. 7 DETECTIVE AQUINO: So, you didn't witness 8 that? You don't have no seeing of that? You have 9 nothing to do with this incident here? 10 MR. LIVINGSTON: Not that incident. ll DETECTIVE AQUINO: Okay. That's where I'm at. 12 MR. LIVINGSTON: No. 13 DETECTIVE AQUINO: All of the other one I 14 don't want to regurgitate to see what it is in my 15 case file and it might have been reflected to what 16 they had Because, we'll take second seat when 17 they?re doing an investigation criminally and 18 they'll find out and we'll find out what the final 19 disposition is. 20 You're case, as you said, X, Y, He says 21 this. They found probable cause to make an arrest. 22 Why was it filed or dropped? It is. Now, what are 23 we going to do internally? 24 That's what we're looking at. And then, what 25 authority we have to deal with him internally. And APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 108 of 132 Page 107 1 discipline or discipline otherwise 2 MR. LIVINGSTON: Thank you for your time. 3 CHIEF ROLLE: Oh, no. No. No. No problem. 4 DETECTIVE AQUINO: As you know the 5 Constitution from the Supreme Court state level 6 gives officers the right to the Officer's Bill of 7 Rights. We have to follow 8 CHIEF ROLLE: You've seen my desk, right? 9 DETECTIVE AQUINO: because 10 (indiscernible) 11 MR. LIVINGSTON: I see. 12 DETECTIVE AQUINO: fifty states, the 13 Commonwealth and Puerto Rico (indiscernible). 14 MR. LIVINGSTON: I wouldn't want to be there. 15 CHIEF ROLLE: I can't 16 DETECTIVE AQUINO: It has to file 17 (indiscernible). 18 MR. LIVINGSTON: I want to be on my tractor 19 right now. 20 CHIEF ROLLE: (Laughing). 21 DETECTIVE AQUINO: So, when you 22 (indiscernible) mm 23 MR. LIVINGSTON: and dumping. 24 DETECTIVE AQUINO: w" process, we're not 25 different than any of APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 109 of 132 Page 108 1 CHIEF ROLLE: I'm going to have to come in 2 here on my day of and just close 3 DETECTIVE AQUINO: hundreds of thousands of 4 agencies 5 CHIEF ROLLE: ?w my door 6 DETECTIVE AQUINO: who are dealing with 7 officer (indiscernible). 8 CHIEF ROLLE: and not answer the phone or 9 anything; because, if I can't get this 10 DR. I'm kind of curious. Is there 11 any policy where if an officer has scheduled a 12 deposition them just canceling it or them filing a 13 complaints and then not going to court and letting 14 mm 15 DETECTIVE AQUINO: If he has, as a citizen, 16 and he has a deposition, he made something that's 17 off duty 18 DR. MCDONOUGH: Well, l9 DETECTIVE AQUINO: -- (indiscernible) on 20 there. 21 DR. MCDONOUGH: he made my attorney go 22 through the Court Liaison Office here. 23 DETECTIVE AQUINO: That?s fine. 24 DR. Okay. 25 DETECTIVE AQUINO: But, we still don't govern APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 110 132 Page 109 him. If you get a divorce and you work for us as a police officer, you might do it through here; because, DR. Okay. DETECTIVE AQUINO: they You're f? Once again, your home address is protected from being exposed to anybody serving anything at your home. We'll be a catalyst to acceptance. But, that has to deal with a civil matter between you and your wife. We have no governance with what arguments or problems or litigation you may have with your divorce. Or, we have no influence or the Chief has no influence in the ?w other than to see that he's conducting himself in a proper manner on or off duty. We have to explain that, too. MR. LIVINGSTON: So, the Chief Just talk to him DETECTIVE AQUINO: subpoena or whatever he's show up to court MR. LIVINGSTON: like late at night when he's coming home with his friends, like on a DETECTIVE AOUINO: and what he filed as a citizen against you (Thereupon, all parties were speaking over each APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 111 132 Page 110 2 other. Underlying conversation was held between Chief Rolle and Mr. Livingston. Unable to transcribe.) DR. MCDONOUGH: Okay. DETECTIVE AQUINO: I can't make you go to your house or go Sir, you made this complaint and stuff like that. (Indiscernible) charges done and I am going to arrest you (indiscernible). But, that's up to you. DR. MCDONOUGH: Yeah. Yeah. No. I understand that. DETECTIVE AQUINO: I have no authority to (indiscernible). DR. MCDONOUGH: I understand that. I just figured the policy (indiscernible). DETECTIVE AQUINO: We don't govern him when it's MM DR. I know. I was just (indiscernible). (Thereupon, all parties were speaking over each other. Unable to transcribe.) DETECTIVE AQUINO: What he has done with you was in the course of (indiscernible). What he did with him, he was at his residence and he had a conflict with you and (indiscernible) against you. (Thereupon, all parties were speaking over each APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 112 132 Page 111 other. Underlying conversation was held between Chief Rolle and Mr. Livingston. Unable to transcribe.) DETECTIVE AQUINO: I'm sorry. I want to go through this again. He was gunning his engine, a Harley Davidson. DR. I'm guessing it's a Harley. It's really loud. DETECTIVE AQUINO: Did you see it or you just heard it? DR. MCDONOUGH: I saw it. I saw him. I saw his face. DETECTIVE AQUINO: Saw his face and his police DR. He was in his uniform on his with the lights and sirens on. DETECTIVE AQUINO: And it was definitely that Friday? So, if I find out he was there and he was at Disney World, I need to know DR. MCDONOUGH: He was there. It was last Friday. DETECTIVE AQUINO: I have to know he was there. (Indiscernible) G.P.S. or (indiscernible) some (indiscernible). DR. MCDONOUGH: It was last Friday. DETECTIVE AQUINO: Wasn't there a 12. Where APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 113 of 132 Page 112 1 were you We can equivocally say (indiscernible) 2 say. 3 CHIEF ROLLE: Let me ask you a question. Your 4 house is on the corner? 5 DR. Yeah, I'm on the corner of 6 199th and 324. 7 CHIEF ROLLE: He just stopped at the corner 8 there and just did that? 9 DR. No. He came past my house and 10 he turned in front of my house. I'm the corner of 11 324th and 199th. So, he was coming down 324th and 12 just turned on 199th, right in front of my house. 13 But, right when he got lined up with the 14 neighbor right behind me he started just chirping 15 his siren and 16 CHIEF ROLLE: He just stopped. He stopped and 17 11 18 DR. 1 mean I could hear the 19 come from a way down the road. 20 CHIEF ROLLE: (lndiscernible). 21 DR. MCDONOUGH: But, it was just like normal 22 sounding 23 CHIEF ROLLE: Right. 24 DR. MCDONOUGH: And then, right when he got 25 about in line with my property he started APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 114 132 Page 113 CHIEF ROLLE: Uh?huh. DR. MCDONOUGH: gunning it and chirping the engine. I mean chirping the siren. CHIEF ROLLE: Was he standing still doing it or he was just DR. No; he was probably riding thirty or thirty?five miles an hour through there. CHIEF ROLLE: Okay. DR. MCDONOUGH: I mean he was hauling ass, (untypeable sound being made) and he was running up the street. CHIEF ROLLE: All right. DR. MCDONOUGH: By the time I heard the coming from a ways away. DETECTIVE AQUINO: He didn't stop. 80, he just drove by you're saying? DR. MCDONOUGH: He just drove by chirping his siren and revving like (untypeable sound being made) like revving the engine like trying to ?make as much noise m~ DETECTIVE AQUINO: And speeding through the front of your house? DR. MCDONOUGH: Yeah. DETECTIVE AQUINO: And you saw his face and that vehicle? APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 115 132 Page 114 DR. MCDONOUGH: Yes. DETECTIVE AQUINO: Okay. We're done. One thing, with that thought, I just need to write you a statement for that; because, we've got to deal with this DR. Okay. DETECTIVE AOUINO: and exactly what you said there and MR. LIVINGSTON: Do you have a picture of (indiscernible)? CHIEF ROLLE: (Indiscernible). MR. LIVINGSTON: Do you have a picture? DR. Yeah, I've got a picture. DETECTIVE AQUINO: Of what? Him? DR. I mean it's not a very good picture. MR. LIVINGSTON: He got his camera out and CHIEF ROLLE: How did Yeah, but thirty?five miles an hour you were able to take a shot of him riding by? (Thereupon, all parties were speaking over each other. Unable to transcribe.) CHIEF ROLLE: I?m going to run; but, I?ll be back. DR. You know, if you give me an APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 116 132 Page 115 ewmail, I can e?mail this to you. It's going to take me a find it. I've got a bunch of pictures I?ve taken since then; because, we had some parties. DETECTIVE AQUINO: But, you took it from DR. I took from the phone or the tablet right there in the street. I walked up in the middle of 199th Avenue and I held it up and took a picture. And, when 324th and 199th. He comes past my house here and turns. I run out to the middle of 199th Avenue. I point north towards him. He's at the stop sign at 320th and 197th. And, he just stays there for like two or three minutes. Stayed at a dead stop CHIEF ROLLE: Did he DR. MCDONOUGH: for two or three minutes. CHIEF ROLLE: Was he always from you? How far was he from you MR. LIVINGSTON: It was like two blocks, isn't it? CHIEF ROLLE: when you took the pictures? DR. MCDONOUGH: I was, pretty much, at the corner of I was, pretty much, at 324th and he was at 320th. So, it was like in the block. But, APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 117 of 132 Page 116 1 you can when you zoom in you can?t tell that 2 it's him. 3 DETECTIVE AQUINO: I?m going to get that 4 statement. It'll probably take 5 DR. MCDONOUGH: Sure. 6 DETECTIVE AQUINO: The Chief has to leave. If 7 you can look for the picture I'd appreciate it; 8 because, we can show the integrity now that you 9 have the tablet there and today and we can 11 DR. Okay. Okay. Yeah. 12 DETECTIVE AQUINO: You're here now all this 13 time. I?m sure that 14 CHIEF ROLLE: I'll see you when I get back. 15 They'll probably be gone by the time I get back; 16 but, I'll see you when I get back 17 DETECTIVE AQUINO: Okay. 18 CHIEF ROLLE: because I want to I want 19 to ask you one question before I leave. 20 Is there anything you need me to do with this 21 that you gave me; because, I'm going to look at all 22 of this stuff. And, if there's anything you need 23 me to do or need Internal Affairs to do with this 24 25 DR. I mean I would prefer that he APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 118 of 132 Page 117 1 gets fired and loses his law enforcement 2 certification; but, I'm assuming you have to do an 3 investigation before that even gets talked about. 4 CHIEF ROLLE: Well, the most 5 DETECTIVE AQUINO: That's what you want? That 6 he be terminated and loses his certificate is what 7 you want? 8 DR. Well, you don't have to fire 9 him. I think he shouldn't have his law enforcement _10 certification because he's committed perjury. ll DETECTIVE AQUINO: Well, if he loses his 12 certificate he's 13 CHIEF ROLLE: He's fired. 14 DR. MCDONOUGH: Thatfire him. But, I think he should (indiscernible) l6 certification 17 CHIEF ROLLE: Well, what I'm saying is that mm 18 DR. for lying. l9 CHIEF ROLLE: What I'm saying is that 20 DR. MCDONOUGH: That's part of the 21 qualifications under mm What is it? 943.13, 22 Section 4 and 7? Or, is it It's either 943 or 23 934. I can't remember. 24 CHIEF ROLLE: I can't remember. 25 DR. Those two always confuse me. APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 119 132 Page 118 1 CHIEF ROLLE: But, let me ask you this because if you want If you (Thereupon, the proceeding was interrupted by a cell phone.) CHIEF ROLLE: Hello. (Thereupon, the audio is concluded.) APEX REPORTING GROUP Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 120 of 132 Page 119 1 CERTIFICATE OF COURT REPORTER 2 3 THE STATE OF FLORIDA: 4 :ss. 5 COUNTY OF BROWARD 6 7 I, NICK BRUENS, certify that I was authorized 8 to and did transcribe the foregoing recorded events. 9 I do further certify that the foregoing is a 10 true and accurate transcript of the events as provided 11 to me on the CD taken at the time, place and the date 12 hereinabove set forth. 13 I do further certify that I am not an attorney 14 or counsel for any of the parties, nor related to any of 15 the parties, nor financially interested in the action. 16 17 Dated this 2lst day of May, 2015 18 19 20 Nick Bruens Typist 21 22 23 24 25 APEX REPORTING GROUP 132 Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 121 of Page 120 A A?Form (2) 103:227? 103:22 AwForms (1) 26:20 ability (1) 23:12 able (5) 8:25 38:5,5 103:1 114:19 acceptance (1) 109:8 accidents (1) 46: 15 accurate (1) 119210 ACLU (1) 9:2 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(21) 3:23 7:5,22 62:11,216325,10,13 67:24 73:15 78:2 79:2 92:24 9926 114:15 goods (1) 62219 Google (1) 67:23 gotten (4) 12:14 55:20 58:6 61222 govern (2) 108:25 110:15 governance (1) 109:10 government (4) 12:9 17:5 29:8 52:9 grab (5) 6:14 7:6 41:2142:3,12 graduated (2) 11:8 11:15 grandson (3) 6:1,14 6:17 granite (1) 33:6 great (4) 35:6 37:10 59:8 67:24 grew (1) 21:6 grievances (1) 28:8 ground (1) 64:19 Grove (1) 5:17 guess (4) 15:13 69:6 92:13 100211 guessing (1) 111:6 guilty (4) 4422,23 86:8,23 gun (2) 9:1 58:5 gunning (11) 15:11 57:22 59:18 83:2 91:24105:15,19,21 106:2111:4113:2 guns (1)2525 guy (30) 8:13 17:10 32:1,19 36:5,7,17 36:23 37:7,9,13,13 37:20,22 41:10 49:1,6 54:18 63:22 63:3,5 66:5,20 73:8 77:17 85:17 93:6,9 117:14 guys (12) 29:20 49:2 55:9 62:165:10,14 65:22 66:17 96:19 98:2100:22101:1 half (2) 19:12 49:20 Halloween (3) 18:22 1923,24 handed (1) 26:20 handle (2) 85:8 90:19 handled (1) 36: 10 handwritten (1) 69:1 happen (1) 87:16 happened (33) 18:5 23:25 24:6,9,23 132 Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 125 of Page 124 43:21 47:14821 51:17 55:4,6 56:7,7 57:4,6 63:7 64:23 662,2,4,6,10,10 67:13 73:2180:5 80:12,15 82:24 85:22 94:14 104:9 104:15 happening (3) 8:15 84:12 98:16 happens (4) 24:7 60:1 64:9 67:5 happy (1) 47:16 harassed (6) 30:15 31:13,14,14,15 61:11 harassing (2) 31:7 61:13 harassment (2) 103:16 104:1 hard (1) 21:21 Harley (4) 1052024 111:5,6 harm (1) 30:4 haters (1) 54:6 hauling (1) 113:9 Hawaii (1) 59:3 haywire (1) 4:7 he'11(4) 22:3 34:1 40:24 41:1 head (2) 12:11 52:20 head-on (2) 14:23 19:21 health (2) 43:11,14 hear (6) 8:12 57:11 70:8 73:1 92:3 112:18 heard (6) 50:24 53:10 66:4 68:1111:9 113:13 hearsay (1) 101222 heated (1) 27:22 heels (4) 5:10 7:19,20 7:21 held (5) 14:2 49:20 110:1111:1115:8 hell (3) 75:5 76:3 92:11 Hello (3) 3:4 32:1 118:5 help (2) 20:16 71:1 helping (2) 6:4 91:14 hereinabove (1) 119:12 hey (6) 3:4 32:141:8 42:16 7223 93:6 Hialeah (2) 13:5,12 high (2) 11:5,9 highlighting (1) 45:23 hired (2) 25:6 65:13 history (2) 43:10 65:15 hits (1) 83:18 hitting (1) 69:8 (5) 17:1122 24:10 28:12 30:1 hold (4) 15:19 31:25 49:6 69:21 hole (2) 342,6 holes (4) 34:5 35:20 38:21 40:14 Holly (2) 55:25 87:18 home (12) 21:24 30:20 49:2 67:14 79:2182:15 93:15 932021 109:6,721 homeless (3) 68:6 76:11,14 homes (2) 93:1224 Homestead (12) 16:22 27:24 28:25 46:9 49:19 52:24 60:18 68:20 74:3 76:10 96:13 98:12 Homestead's (1) 14:14 homework (2) 29:22 86:5 honest (2) 20:3 22:11 honesty (3) 3724,17 52:5 honey (1) 70:23 hope (3) 8210,15 57:15 hoping (1) 8:24 hose (1) 33:25 hotel (3) 5:17,18 71:3 hour (5) 14:12 49:20 92:1113:7114:19 hours (1) 26:19 house (36) 7:1 9:7,14 12:1715:6,10 20:1132:3,14 34:14,18 37:15 38:8 40:13 41:1 5722,25 58:5 59:16,17 6029,10 79:10 83:2 90:23 91:2192:8,15,19 110:5112:4,9,10,12 113:22115211 huh (3) 5:6 69:25 70:7 hundred (1) 19:19 hundreds (1) 108:3 husband (1) 13:17 1 LA (17) 10:11 43:3 44:3,5,6,8,15 47:14 47:15,16,20,20 48:1 49:24 502,3 81:24 idea (2) 78:22 79:3 11 (1) 21 :14 illegal (3) 17:1 62:5 66:9 inaudible (1) 71 :6 inches (1) 7:21 incident (9) 20:7,9 24:4,5 28:20 29:1 47:1 106:9,10 incidents (2) 45:15 84:13 included (1) 13:11 including (3) 13:12 62:5 97:17 indiscernible (79) 4:8 4:9,10,14 7:9 8:13 8:14 9:1314:16 15:2516z4 22:10 22:24 24:12 32:9 32:21 34:1421 36:6 39:15 42:18 42:24 51:2,11 59:14 64:2 6629,16 69:24 70:1,19 72:15 73:5,6,23 74:8,16,17 75:1420 75:23 762,3,7 77:16,18,19,20,23 78:180:19 98:14 98:15 99:19100:1 102:7 103:17,24 107:10,13,17,22 108:7,19110:6,7,12 110:14,18,22,24 111222223 112:1 112:20114:10,11 117215 indiscernible) (1) 70:25 in?uence (2) 109:12 109:13 information (6) 12:19 16211 43:16 63:18 63:24 82:13 initially (1) 14:6 initiated (1) 47:17 injunction (2) 23:18 43:4 injury (3) 46:16 6620,21 ins (1) 30:14 instituted (1) 76:22 institution (1) 76:22 integrity (1) 116:8 intel (1) 63:24 interested (1) 119:15 interesting (6) 14:25 16:20 69:16,17 71:25 72:4 Internal (14) 10:4 13:7 50:19,20 71:22 81:20 82:2 84:8,10 87:19 96:9 97:18105:6116:23 internally (2) 106:23 106:25 Internet (1) 77:2 interpreted (1) 35:17 interrupted (2) 31 :20 118:3 intimidate (1) 15:18 investigation (6) 13:7 90:6 96:9104:9 106:17 117:3 investigations (2) 47:18 97:18 involved (3) 36:18 37:19 88:2 island (1) 11:12 issue (1) 79:21 It'il (1) 116:4 jail (3) 53:18 54:16 91:20 James (4) 1:5,15 2:2 83:22 January (4) 10:3 81:7 99:11,16 jeopardy (1) 82:22 Jesus (1) 5:12 job (15) 12:19 13:22 16:2218:14 55:1,2 55:9,12,12,13 60:22 61:5 63:16101:18 102:21 Johnson (3) 28:23 29:2 51:10 journalist (1) 77:9 judge (3) 14:3 90:14 105:3 judge's (1) 55:12 judges (1) 14:2 Judicia1(1) 1:9 July (1) 24:7 June (1) 24:6 jurisdiction (5) 14:14 30:19,22 31:16 102:18 jury?s (1) 55:12 KATHERINE (1) 1:8 keep (7) 13:4 22:7 36:8 71:25 72:2 87:4,4 kept (3) 30:11 52:17 59:19 Key (1) 11:17 kidding (1) 87:15 kidnapped (2) 9:6 45:6 kidnapping (3) 27:17 45:6,8 kids (2) 11:6 12:17 killing (1) 69:9 kind (25) 8:23 12:25 16:1218:1619:12 19:15 21:4 36:3,4,9 36:10 3718,23 52:21 57:2,2 60:8 72:19 73:14 78:20 79:3 93:8 98:7 APEX RE PORT ING GROUP 101:9108:10 Kinetics (1) 12:1 kitchen (1)3722 knew (6) 37:5 44:15 47:8,10 56:21 102:5 knock (1) 31:11 know (224) 4:21 629,10 7212,1621 8:1810:17,1712:2 12:1314:15,15 15:717:15,22,24,25 18:5,6,10,11,15,16 20:24 21:9,9,19 23:15 26:13,13,13 26:15,16,24 28:2 31:7 32:4,16,16,17 32:18 33:1,2,5,5,7,8 33:9,21,24 34:12,13 342021232525 35:3,4,5,6,9,10,i2 35:12,14,25 36:5 37:3,5,9,11,16,18 3723,2325 38:6,11 38:18,25 39:3,11,13 40:7,8,18 41:5,620 44:5 452146212324 47:9,23 48:5,1623 49:9,12 50:15 51:5 51:25 52:3,4,21 53:13,15 54:2,11,12 54:17,25 55:17 56:10,10,10,11,12 57:79 59:25 60:5 60:15,16,16,17,21 6021,23 61:4,8,9 62:9,12,20 65:3,7 65:10,11,1166:12 66:23 67:5,13,13 69:6,12 72:16,17,18 7225,25 7321820 7422 752,16 76:23 77:4,10,17 78:1,8,18 792,3,4 79:12,14,15 81:16 822,6 83:17,18,25 84:6 85:7,21,22,25 86:10 87:4,7,8,8,14 8821320 89:3 90:12,13,17,2191:6 91:7,9,10,15 92:12 922023 93:2 98:2 98:2101:810220 1022024 103:3,4 107:4110:17 111:18,21114:25 knows (6) 17:16 28:4 61:9 79:14 82:17 85:11 8 8:24 132 Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 126 of Page 125 Labs (1) 12:2 lady (3) 5:6 3128 39223 lap (I) 72:19 late (2) 57:17 109:20 Laughing (5) 5:22 6:11 7:8 8:11 107:20 law (12) 10:6 30:5 43:17 45:7 61:1 91:4 104:11,23 117:1,9 lawyers (2) 67:2,4 leading (2) 45:7 66:21 leave (8) 55:10 71:5,6 71:13,18 92:6 116:6,19 leaving (2) 21:4 41 :16 led (2) 26:9 45:6 left (6) 10:3 19:9 58:18 81:8 87:21 91:21 legal (2) 12:8 104:24 legally (1) 12:6 letter (3) 51:11 55:25 90:5 letting (1) 108213 level (5) 52218,18,19 52:19 107:5 Liaison (3) 25:12,16 108:22 liberty (2) 45:23 46:7 license (2) 20:12,21 lie (8) 17:16,17 23:3 24:16 43:16 54:21 54:21 69:19 lied (5) 9:22 13:23 27:10 65:22 85:20 lies (2) 12:14 17:13 Lieutenant (3) 28:23 29:1 51:9 life (6) 11:11,14 17:1 28:16 43:15 63:5 light (1) 103210 lights (2) 14:21 111:15 line (7) 19:13,14,14 29:6 74:23 75:22 112:25 lined (1) 112:13 list (4) 61:25 67:18,20 70:13 listen (2) 41:16 99:3 listening (1) 33:7 litigation (1) 109:11 little (11) 6:17 11:2 16:6,23 35:13,17,18 38:3,4 57:1178117 live (4) 11:12 14:18 15:1 88:13 lived (2) 11:20 15:6 lives (10) 14:16,17 15:4 64:10 77:18 77:18 83:9,11 84:19,19 living (2) 29:9 82:15 Livingston (102) 1:16 2:4 327,12 5:4,19 6:18 8:4,8 59:5,8 62:10,14,2163:11 63:15,20 64:1,3,7 64:13,17 65:3,5,7 65:17 66:16 68:13 68:16 69:10,13,23 69:25 70:2,4,7,11 70:15 71:15,15 74:5,15 77:12,15,17 80:16 83:9,12,15 87:24,24 88:1,4,8 88:10,12,16,19,19 88:21,23,24 89:1,6 89:8,11,16,20 90:25 9222,25 97:21 98:4,13,15,21,25 99:8,14 100:1,6,14 100:17,22101:4 106:3,6,10,12 107:2 107:11,14,18,23 109216,2011022 111:2114:9,12,17 115:20 lobby (1) 9:2 located (1) 40:7 locations (3) 89:2,12 89:17 locked (2) 100:19,24 long (7) 39:15,20 41:13 64:23 70:10 70:17 104:11 look (30) 5:3 8:10 17:12 32:11,22 33:3,10,19,20 34:8 34:15 39:25 40:10,18,19 40:25 41:7,9 45:10 45:22 78:10 82:10 85:7 95:9103:7 116:7,21 looked (3) 7:14 19:2 30:18 looking (7) 7:24 32:6 46:14 48:7 66:13 91:5 106:24 looks (3) 7:17 8:9 91:19 Loquidos (1) 64:9 Los (1) 12:2 loses (3) 117:1,6,11 lot (13) 8:22 16:10 23:3,7 35:18 39:4 54:3 62:11,21 72:7 87:5,12 89:16 loud (2) 105:22 111:7 luncheon (1) 5:16 lying (9) 10:19 17:6 17:15 44:7 56:21 67:12 86:16,18 117:18 M-C (1) 84:2 84:4 MD (1) 83:23 M.I.T (1) 12:1 ma?am (1) 71:8 machine (1) 70:8 Maguido (22) 12:21 19:3 221123217 25:10,11,16 31:22 43:25 44:25 45:15 45:16,25 49:14 56:3,18 70:3 77:24 85:16 94:17 102:20 105210 maid (1) 69:8 mailed (1) 5:24 main (1) 83:15 major (2) 23:19 46:25 majored (1) 11:21 making (4) 11:10 13:13 70:5101:16 male (19) 3215,18 4:3 4:9,12,15,17,23 5:1 5:5,8,12,14 6:11 8:14 56:14 70:20 73:23 74:8 maliciously (1) 13:9 man (9) 3:24 4:7 5:4 729,11,25 8:6 48:13 63:19 Manager (1) 51:8 maneuver (1) 19:15 maneuvering (1) 19:16 manner (1) 109:14 Manny (1) 36:2 Manual (1) 29:20 marble (3) 34: 14 39:25 40:9 March (1) 8128 Marco (2) 51213 87:17 marks (2) 38:10,11 Masters (1) 11:23 material (1) 8:4 Mathematics (1) 11:22 matter (7) 17:9 30:5 34:1136:2161:8 66:1 109:9 matters (1) 49:17 max (1) 12:6 maximum (2) 44:23 86:7 Mayor (8) 51:6,12 55:18,22,24 60:23 87:12,18 MCDONOUGH 1:5,15 2:2 3:5,17 3221,25 4:11,13,16 4:18,24 5:21 6:22 6:24 7:5,8,13,16,24 8:10,17,22 926,10 9:12,15,1710:9 11:2,8,20 12:24 13:314:10,17,20 15:4,20,23 16:5,9 1639,25 17:12,20 18:3,7,12,18,21,25 19:8 20:7,15 21:4 21:13,19 22:7,11,16 22:21 23:2,6,12,16 23:23 24:1 1,13,19 24:22,25 25:3,5,9 25:15,23 26:12,18 27:7,14,19 28:13,22 29:12,15,19,22,24 30:2,13 31:22 42:15,19,23,25 43:7 45:20 46:2,4,7,20 46:23 47:4,7,13,22 47:24 48:12,17,25 49:9,12 50:5,9,12 51 :9,16,19,22,25 52:3,6,9,12,16 53:5 53:7,10,14,19,22 54:3,5,9,14,19 55:3 55:7,11,15,22,24 56:2,5,13,16,23 57:5,14,21,24 58:2 58:4,8,15,18,20,23 59:1,4,12,14,17,23 60:3,13,19,25 61:3 61:23,25 62:3,5,7 62:13,20 63:1,4,12 63:16,21 64:2 65:18,21 66:4,8,11 66:19,25 67:2,9,11 67:17,22 68:11,19 68:23 69:15,20,24 70:1,3,5,8,13,16 71:17,17,22,23 72:6 72:10,14,23 73:2,10 73:14,17,20 74:1,6 74:9,19,22 75:4,7 75:13,15,20 76:1,4 76:8,15,20,25 77:4 77:7,20,23 78:10,13 78:16,22 79:1,7,13 79:18,23,25 80:3,6 80:9,14,18,20 81:1 81:3,7,12,16,19 82:8,12,19 83:1,5,7 83:11,13,22,22,24 84:2,4 85:20 86:4,6 86:13,17,19,21 87:2 87:5,17,23 88:9 89:23 90:16,20 93:14,18,21,25 94:2 94:7,13,17,25 95:5 95:14,16,24 96:2,5 APEX REPORT ING GROUP 97:12,16,19,22 98:6 98:14 99:18,20,22 100:2,20,24 101:11 101:21,24 102:3,24 103:7,10,19,24 104:5,7,22,25 105:2 105:8,13,15,17,20 105125 108:10,18 108:21,24 109:4 110:3,9,13,17111:6 111:10,14,19,24 112:5,9,18,21,24 113:2,6,9,13,17,23 114:1,6,13,15,25 115:6,17,23116:5 116:11,25117:8,14 117:18,20,25 mean (48) 6:5 16:15 24:11,2126:11 27:2,4,25 30:7 40:9 40:18 42:9,10 47:19,23 48:9 51:16,19 52:4,12 55:18 56:5 57:8,10 57:20 60:9 62:11 6236,17 64213 65:3,23,24 67:6 72:10 74:25 78:23 89:4 91:7 94:13 96:21 103:22 104:11112:18 113:3,9114:15 116:25 means (1) 44:7 measured (1) 37:15 media (5) 9:3 76:17 76:18,18,19 meet (2) 5:5 16:10 meeting (6) 1:14 8:19 58:20 59:11 71:20 78:14 memorize (1) 23:13 memorized (1) 29:12 mental (4) 43:11,12 43:14 76:22 mentioned (2) 98:16 102:6 mere (1) 24214 mess (1) 91:8 message (4) 10:4 58:18 81:8 87:21 met (5) 3:18,21,25 5:15 103:2 Metro (4) 9921 100:6 10011010423 Miami (4) 11:25 21:1147:4,13 Miami?Bade (8) 9218 25:6 26:9,22 27:20 100:2 101214 102:10 Michelle (1) 4214 Microsoft (1) 75:16 132 Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 127 of Page 126 middle (2) 115:8,11 miie (2) 8922,12 miles (4) 14:12 92:1 11327 114:19 mind (2) 40:19 68:3 mine (1) 21:16 minor (2) 47:25 61:6 minute (1) 30:24 minutes (9) 15:15 22:4 42:3 49:18 58:16 68:24 71:19 115:14,17 mirror (1) 19:2 missed (1) 26:1 missing (1) 44:10 mistreat (2) 18:14,15 model (1) 8:4 mom (2) 11:4,4 moment (I) 1728 Monday (2) 19:24 59:15 money (3) 5223 68:7 76:12 month (2) 10:13 28:17 months (7) 10:16 17:3 28:3 44:6,14 87:20 98:18 morning (4) 329,23 4:5 13:20 mother?fucker (2) 31 :6,11 motioned (1) 20:1 (13) 152113125 99:8 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12:16 14:181522,4,7,12 18:23 19:25 49220 5225,25 6424,20 83:1188:14,15 113211 115:7 strip (2) 68:7 76:12 strong (1) 64:24 132 Case Document 53-4 Entered on FLSD Docket 07/16/2015 Page 130 of Page 129 strongly (1) 56:25 stuck (I) 11:13 stuff (40) 6:23 16:9 1621418216 23:4 24:14 32:5,20 33:1 3426 37:7,16,19 38:12,13 39:4,14 43:5 45:9 48:5,6 51:17 54:24 56:3 57:12 61:6 67:5,6 69:170:12 72:11 72:21 80:13 85:22 91:1,6,15102219 110:6 116:22 subpoena (1) 109:18 sucks (2) 63:19,19 sudden (1) 4:7 sue (1) 85:24 sued (1) 52:14 suits (1) 85:24 supervisor (3) 13:22 13:24 49:6 supervisors (2) 13:14 85:13 supposed (11) 13:15 22:13 29:5 32:12 32:12 33:3 46:24 48:4 50:12 54:15 73:8 supposedly (1) 85:12 Supreme (1) 107:5 sure (19) 7:7 12:21 15:15,20,20 16:6 22:12 24:19 26:3 31:2 48:9 54:8 57:10,15 95:10 102:22103:19 116:5,13 surgeon (1) 45:21 surrender (1) 25:5 swears (1) 43:8 swerve (1) 19:17 swore (1) 47:9 sworn (6) 23:16 42:20 43:7 46:5 60:20 93:2 (1) 11:24 system (1) 81:18 T.G.K (1) 26:20 table (2) 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