A quick synopsis: I was hit by a car walking through a parking lot, the rear window was broken, so police were called, when they arrived, they arrested me, and they denied me medical attention. I was charged, but officers didn't take my statement, so I wrote my own statement and had it notarized. I gave that statement and my medical records to the district attorneys office and I agreed to go to trial without a lawyer. I had trail and was found guilty, I was order to pay for the damaged window. judge Hadley said i was owed a copy of the receipt, so I was ordered to return weeks later and the ada provided a document and stated that this driver paid for this window out of her own pocket, but I was not allowed to have a copy.
Then I would learn that this driver did not have car insurance, I would try to report it to multiple lawyers, Springfield's citizen police complaint department, the probation department, the district attorney's office, the mayor's office, the Springfield Police Department, the ACLU, the Department of Justice, the attorney general's office, the Massachusetts state police, the department of industrial accidents, insurance companies, the FBI and even our local news stations. Not one group could offer me any help or an explanation as to why these types of things were being allowed to continue.
Next I would learn that this window was never paid for, that the receipt ada Johnston handed in was a forgery and learned my statement had been altered and someone electronically forged my signature, so I reported this to the district attorneys office, Jon Gay in the clerks office, Springfield's citizen police complaint department, The mayor's office, the Massachusetts State Police the attorney general's office, the governor's office the ACLU again.
Then I receive court papers stating that I am to appear in court over a forgery charge, I mistakenly thought that this was about discovering that my statement had been altered and electronically forged and that window receipt was fake. My first court appointed attorney Nolan thought my case was amazing, until he noticed who was involved. then I was provided attorney Elaine Pourinski, Soon after this my mental health declined, attorney Pourinski was well aware of everything going on at the time and took advantage of this fact that I tried to commit suicide multiple times. It's pretty obvious now that she was behind that older gentleman placing a gun to my forehead and taking files from me in the hallway to her office right before our last meeting before I was supposed to have trial. She coerced me into pleading guilty, she Knew that I was an emotional train wreck and then I was worried about the safety and well being of my family and friends. She even used her own safety and the fact that she was about to have knee surgery as an excuse to not get police involved, so that none of these violent individuals searched her out and hurt her or her family.
I did plead guilty in February of 2016 but I did not say what every one had demanded of me, So I haven't been able to acquire a copy of the audio from that hearing.
I met LK in the summer of 2010, in my defense I took her in a 4 mile walk on the East Longmeadow rail trail and warned her I wasn’t looking for a relationship, I wanted her about my strange health issues and that I didn’t feel comfortable, but she was a medical assistant and said she could help me. Got got closer and not long after we got married October 8, 2011. I started medical assisting school at. Branford hall December 2012???
, it was one of those waste of time certificates classes that don’t count as college credits, but leave you in a ton of debt with few job prospects I was close to finished with school when I was hit by that uninsured car, it ruined my perfect attendance, then it ruined my marriage. Being sick and super stressed was a terrible experience and I took it out on my wife at times: I yelled at her for things that weren’t her fault a few times. I couldn’t understand why the system wasn’t helping me, it felt stupid and confused. Obviously know I know I’m dealing with scumbag pieces of trash that don’t care about themselves? Let alone the law.
I usually start this story after I got hit by the car but I'm going to start this well he was October or November of 2012 I'm going to have to fix this and find a picture I had surgery on my left wrist I had torn ligaments in my surgeon said it looked like Swiss cheese and I couldn't afford to take time off of work so I went back to work and at the time my boss was kind of a crabby **** and he thought he'd be funny and give me a really hard job to do with one arm and I ended up hurting myself because I didn't know I had a genetic skeletal muscle disorder and my hyperthyroidism makes me weak and doctors said that it might affect my joints or I could have an undiagnosed joint disorder. So I was on workers comp at the time that I got hit and I was super worried when police denied me medical attention that that was going to affect my worker's cup, because I've never had anything like that happened to me before.
find surgery and injury dates???
January 16, 2013 I was hit by a car while walking. Video on YouTube. Link to be added
1-17-2013 first court date
Intro
What was supposed to happen:
what actually happened:
why it matter:
Ai reflection and questions:
Police report I recieved after going to court 1-17-2013
I was hurting, i was forced to leave the Hospital against doctors orders because I wanted /needed to get my statement notarized before I went to court that morning.
Intro
What was supposed to happen:
what actually happened:
why it matter:
Ai reflection and questions:
Notarized Statement I wrote in Emergency Room before court.
Even though you can see it is notarized. I will learn it has been altered in the future
I was hurting, i was forced to leave the Hospital against doctors orders because I wanted /needed to get my statement notarized before I went to court that morning.
1-17-2013
Intro
What was supposed to happen:
what actually happened:
why it matter:
Ai reflection and questions:
Security guard statement
Intro
What was supposed to happen:
what actually happened:
why it matter:
Ai reflection and questions:
Sheldon Statement January 2013
Intro
What was supposed to happen:
what actually happened:
why it matter:
Ai reflection and questions:
2-28-2013
This day I gave ada Johnston- Sheldon's original statement, a photo
copy of the security guard statement( Walmart kept the original ),
and copy of some receipts from Walmart showing that I indeed went back and video could
be acquired. I also informed ada Johnston that I was on workers comp, and receiving
medical attention and seeing specialists for some undiagnosed physical issues.
.i informed her i wanted those officers reprimanded for not allowing me medical care.
they had no right, no medical degrees to decide that for me and just because
they're pre existing issues, doesn't mean it doesn't feel crippling.
Intro
What was supposed to happen:
what actually happened:
why it matter:
Ai reflection and questions:
went back to walmart 2-17-2013
Doctors results. Two months before my trial ada Katherine Johnston was made aware that I had actual physical injuries from that accident and I provided her with paperwork from my doctor's office and here are the copies that I still have
3-5-2013
Intro
What was supposed to happen:
what actually happened:
why it matter:
Ai reflection and questions:
went to file complaint
3-7-2013
March 7th I went down to the Springfield Police Department civilian complaint department and filed a complaint I was told that was supposed to be run by civilians but I spoke to a sergeant every time I went there. I already knew my medical results at this point. I handed them a copy of my notarized statement, a copy of Sheldon's statement and a copy of the Walmart security statement. I didn't tell the officers I already got my medical results back, I wanted them to acknowledge it on their on. i signed a medical authorization form and gave those officers the names of my surgeons and primary care Drs.
Intro
What was supposed to happen:
what actually happened:
why it matter:
Ai reflection and questions:
3-22-2013 Talked out of a lawyer, I told ADA Katharine Johnston that I was sick, I was hurting and I gave her copies of my medical files, so she knew i had torn rotator cuff and was denied medical attention. and she told me I was going to have to wait around all day long for a court appointed lawyer or I could agree to represent that myself and I could go home right now
i was made to wait around for over hours after i politely told ada kj i was in severe pain,
i was requesting a lawyer. ada kj told me i could be here until close, they didnt
have any lawyers available and i couldnt leave until i was appointed one.
so i told her i no longer wanted one appointed. she downplayed the seriousness of these charges,
she knew i wasn't feeling well and she saw me as someone she could take advantage of.
this isn't proof and alone isn't grounds for a motion for new trail.
but clearly shows i asked for a lawyer and hours later for some unknown reason changed my mind.
look to page 4 ada kj also claims complaining witness has an interest in the case
page 5 Judge beattie clearly tells me to have any witnesses and evidence ready
for the day of my trial. i choose to go to trial anyway
I went to go watch the Boston Marathon my brother was running the race I had wanted to but I felt physically horrible I was barely holding it together and I got some pictures that way I thought were absolutely crazy. When the first bomb went off I thought it was just fireworks that's what it smelled like anyways and we are about 100 feet away I believe when the second bomb went off that's when the panic started we were by Uno's pizzeria so we were able to kind of hide behind a little brick wall and I was able to watch everybody fleeing and panic it was terrifying, the police had no clue what was going on.
It's horrifying but in the first pictures I took I caught one of the bombers with one of the backpack bombs, you can see in the 4th picture the smoke from the first bomb and part of the Uno sign where we were standing
4-15-2013
Intro
What was supposed to happen:
what actually happened:
why it matter:
Ai reflection and questions:
Learn from another specialist that I had nerve damage in my right arm from being struck by that vehicle and then handcuffed afterwards
4-22-2013
Intro
What was supposed to happen:
what actually happened:
why it matter:
Ai reflection and questions:
Trial day, i was told that judge Hadley said i couldn't have the drivers car insurance info my ada Johnston and Ada Edward Kivari. they said judge Hadley said it whether she had insurance or not didn't matter cause the driver is claiming i attacked her car for no reason. Judge Hadley also claimed that my jury was sent home by accident.
5-1-2013
5-1-2013
i agreed to trial. Ada kj played down the seriousness of my case, she told me judge Hadley
denied me the information i had asked her for. she also told me i had nothing to worry about, i didn't
have any priors and she doesn't know why Kishana cares so much.
judge Hadley told me my jury was sent home by accident, i tried getting audio or a transcript of
this, but i was refused on numerous occasions
crazy to think had i known information was intentionally deleted from my police reports, or
if i had been allowed to get a closer
look at those color photos i didn't know existed until after my trial started.
page 18 Kishana makes comment about color photo and mirror damage. that also shows a red sticker
for safety and she knew about that. but i couldn't see it
page 33 strange look in my eye ( from waiting around in pain and freezing for over a half hour)
page 36 end of page, officer says i seemed unhappy i was (being denied medical attention and) being arrested.
and that i tightened up when cuffed( because of my injuries perhaps)
page 37 admitted talking to two witnesses one was a security guard? and another person who couldn't be
found.
page 37 into 38 officer admits not having any idea why i was in pain, then is clueless as to
the severity of my injuries and openly mocks me with a comment about me being allowed to wash my
hand is his version of medical treatment.
in officer Sheehan's testimony, he totally leaves out what
the Walmart security guard told him about my previous injuries and what i told him
.the security guard statement is verified by police investigators a month or so after my trial, investigators
confirmed i obtained a statement from that security officer and he stated he told them about my injuries.
page 40 not allowed to read my statement. ada Johnston already had a copy, so didn't ask for or want another.
page 43 ADA Johnston claims there isn't any proof damage was sustained,
but i had provided proof to her in the form
of medical documents provided to me by my surgeons. i didn't have
these injuries before this accident, i know this
because i was on workers comp being treated by these drs for months before
encountering the Springfield police department
Page 50 Judge Hadley comments on the-not great quality of the video. he also says he watched it on
a smaller screen, which usually makes things harder to see. i don't understand why he wouldn't enlarge it.
also he states the two computers wouldn't with that video.
page 51 ADA Johnston mocks? my mental state.
page 52 ADA Johnston brings up her assessment of my mental state, then trying to make me out to be a monster
end of 52 ada Johnston takes about restitution being owed and not knowing the amount. they didn't have invoice.
pg 52 how can anyone file charges against me, if you didn't know the price of or
if the window was ever paid for?
page 53 ADA claims Kishana reached out to get the price of the unpaid window. wouldn't Kishana have known if she
paid for it? it was picked up the next day. Kishana also knew she didn't have insurance. so why would she have left
before the insurance was verified, if she knew she didn't have it?
page 54 Judge Hadley clearly says -I'll give the commonwealth ten days to provide any evidence ad here's the kicker-
IF they're seeking restitution. they didn't have to, they didn't have to make a phony receipt and lie about
paying for it.
Judge Hadley also says i was supposed to be provided a copy. continued into 55 now he says statue requires restitution.
page 56 judge Hadley doesn't want me to seek any mental help for my issues- hyperthyroidism. ada Johnston was
trying to push it
Intro
What was supposed to happen:
what actually happened:
why it matter:
Ai reflection and questions:
1
Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Providence, RI
Volume: IV of VI
Pages: 58
Exhibits: 0
COMMONWEALTH OF MASSACHUSETTS
HAMPDEN , SS DISTRICT COURT DEPARTMENT
OF THE TRIAL COURT
* * * * * * * * * * * * * * * * *
*
COMMONWEA LTH OF MASSACHUSETTS *
* Docket No.
VS. * 1323CR0284
*
RICHARD L . STEBBINS, JR *
*
* * * * * * * * * * * * * * * * *
TRIAL
BEFORE THE HONORABLE WILLIAM P. HADLEY
APPEARANCE :
FOR THE COMMONWEALTH:
Hampden County District Attorney’s Office
50 State Street
Springfield, MA 01103
By: Katharine A. Johnston, ADA
FOR THE DEFENDANT STEBBINS:
Pro Se
Springfield, Massachusetts
Courtroom Number 1
May 1, 2013
Reporter: Raymond F. Catuogno , Sr.
Registered Professional Reporter
Recorder: Unknown Court Recording Monitor
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I N D E X
WITNESS DIRECT CROSS REDIRECT RECROSS
KISHANA JOHNSON
(By Ms. Johnston) 10
(By Mr. Stebbins) 26
THOMAS SHEEHAN
(By Ms. Johnston) 31 38
(By Mr. Stebbins) 37
RICHARD STEBBINS
(By Ms. Johnston) 42
EXHIBITS PAGE
(NONE MARKED )
CLOSING ARGUMENT:
For the Defendant Stebbins 45
For The Commonwealth 46
VERDICT 50
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(Court called to order.)
(Claimant present.)
(10:14 a.m.)
THE COURT OFFICER: If we could address Richard Stebbins.
THE COURT: Mr. Stebbins, have you made up your mind as to
how you want to proceed?
MR. STEBBINS: I waive the jury, Your Honor.
THE COURT: All right. Commonwealth, your witnesses are
available, are here, ready to go?
THE COMMONWEALTH: Yes, Your Honor. We have one police
officer and one civilian witness, who’s the victim.
THE COURT: All right. Before we go on tape, let me ask
Mr. Stebbins, I need to go over this with you. I looked earlier:
I showed you that form – that jury waiver form that you signed.
And that indicates, first of all, that you’re going to waive your
right to an attorney.
THE CLERK: Your Honor, if I could swear him in, I didn’t
do that.
THE COURT: Okay.
THE CLERK: Please raise your right-hand, sir.
MR. STEBBINS: I do.
THE CLERK: Thank you, sir.
THE COURT: Now, you signed a waiver of counsel form, first
of all. And you understood that you have the right to be
represented by an attorney and if you could not afford one, the
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Court could appoint one or you could hire one and you chose to
represent yourself, correct?
MR. STEBBINS: Yes, sir.
THE COURT: And I just want to make sure you understand that.
As you probably know, a lawyer is someone with some special
training and experience, who can usually give advice and guidance
to someone facing criminal charge like this. You have an
absolute, constitutional right to represent yourself, but when
you do that, you run certain risks. The outcome may not be
exactly what you expected. You may overlook some defense. You
may overlook some future consequence of what happens here today.
First of all – so, how old are you?
MR. STEBBINS: Thirty—four.
THE COURT: How far did you go in school?
MR. STEBBINS: College, second year of college.
THE COURT: And today, are you under the influence of alcohol,
drugs or medicine?
MR. STEBBINS: No.
THE COURT: Do you suffer from any sort of illness that might be
impairing your judgment and thinking?
MR. STEBBINS: No.
THE COURT: So, with regard to an attorney, you understand
that that’s the way you want to proceed, you won’t be able to
change your mind later on. Do you still want to waive your right
to an attorney and represent yourself?
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MR. STEBBINS: Yes.
THE COURT: All right. Now, with regard to the waiver of
the jury trial -- do we have a waiver for a jury trial form?
MR. STEBBINS: Yes. It’s right here.
THE COURT: Can you take a look at that, because I need to have
that in writing as well.
MS. JOHNSTON: Yes, Judge.
THE COURT: All right. So this form indicates that you’ve
chosen to be tried by a Judge, without a jury. Did you read this
before you sign it?
MR. STEBBINS: Yes, sir.
THE COURT: Did you understand what it says?
MR. STEBBINS: Yes, sir.
THE COURT: All right. You have a right to have one trial
on these two charges, which have been brought against you. That
trial could – again – be in front of a Judge or a jury. If you
wanted to have a jury trial, we’d bring in people from the
community, they wouldn’t really know about you or about this
matter ahead of time. You could work to pick six of those
people. You could challenge any two of those people, without
giving any reason, to try to assure that they are fair and
impartial.
If you chose to have a trial in front of a jury, the jurors
would listen to the witnesses, look at any evidence, listen to
the Judge instruct them on the law. Then they would return a
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unanimous verdict of guilty or not guilty on each of these
charges. So, all six jurors would have to agree that you are
guilty, before you could be found guilty.
When you waive or you give up your right to a jury trial and you
allow a Judge to decide, both the facts and the law and whether
you are guilty. It really is a practical matter that one persons
decision as to the facts would be final. So, having said that,
do you understand the difference between a trial in front of a
Judge and a trial in front of a jury?
MR. STEBBINS: Yes, Your Honor.
THE COURT: All right. Do you have any questions about
that issue?
MR. STEBBINS: No, Your Honor.
THE COURT: Is it still your wish – after I’ve explained
that to you – to waive your right to a jury trial on the charges
of malicious damage to a motor vehicle and disorderly conduct and
instead, have that trial in front of a single Judge?
MR. STEBBINS: Yes, Your Honor.
THE COURT: And you understand that, once you’ve made that
decision, you won’t be able to change your mid later on?
MR. STEBBINS: Yes, Your Honor.
THE COURT: All right. So you made a voluntary, knowing,
intelligent waiver of your right to counsel and your right to a
jury trial and I’ll allow that.
The way this is going to proceed is, I’ll just – I can’t give
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you, obviously, any legal advice, but I would just say of ways to
proceed, the Commonwealth obviously has the burden of proof,
proving guilt beyond a reasonable doubt. The Commonwealth can,
if the prosecutor wishes to, make a statement of what she expects
the evidence is going to be. If you want to, you can make an
opening statement. You don’t have to, because the burden of
proof is on the Commonwealth. You can make an opening statement
at the beginning of the trial or you can make it later in the
trial or you can make no opening statement. That’s, again, up to
you.
After the opening statement or statements – if there are any
– then the Commonwealth’s going to produce – present evidence.
He will listen to the evidence. If you wish to object, because
you feel something is not admissible under our rules of evidence,
you would just stand up and say the word “objection”. I’ll hear
from you. Then I’m going to give you the right to cross—examine
any witness who testifies against you.
Then the Commonwealth, when it’s done presenting the evidence,
the prosecutor will rest and it’ll be up to you to decide whether
you wish to present any evidence. You’re not obligated to do
that.
Again, the law doesn’t require a person to prove his or her
innocence. The burden is on the Commonwealth to prove that
someone is guilty and prove it beyond a reasonable doubt.
If you wish to present evidence and you’ll testify or produce
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whatever evidence you wish and the prosecutor will have a right
to cross—examine you. All I ask is that both parties just sort
of stay on point, be respectful, civil. The rules of evidence,
the rules of procedure, apply to both sides evenly, even though
you’re representing yourself, you’re still bound by the same
rules – your conduct of evidence in the law and the Commonwealth.
Do you have any questions about any of that?
MR. STEBBINS: No, Your Honor.
THE COURT: All right. Are we ready to proceed?
MS. JOHNSTON: Your Honor, I haven’t had a chance to
discuss this with the defendant, but I would assume – since he
wants the video to be shown – that we could stipulate that the
video would be shown in full?
THE COURT: Yes.
MS. JOHNSTON: Okay. And –
MR. STEBBINS: There are two parts of the video.
MS. JOHNSTON: There are two parts to the video: I’ll
intend to show both of them. I will do that in my case in chief.
And in addition, there are a number of photographs, which I
mentioned. It’s my understanding the defendant also wants those
introduced into evidence. So, if we could stipulate to all those
exhibits, that would move things along – I think.
THE COURT: All right. Is that a stipulation that you want
to make?
MR. STEBBINS: Yes, Your Honor.
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THE COURT: So those will go in as the Commonwealth’s
exhibits. We’ll have them marked and they’ll be in evidence by
agreement. Now, anything that you object to, again, we have a
basis in the rules of evidence for that, you just let me know.
(Indiscernible – individuals speaking simultaneously and speaking
away from the microphone at 10:22:00.)
THE COURT: I just sent our Clerk out, because I came in
without my trial notebook. I sent her to get it, but I’m going
to grab it. I’m going to step off the Bench for just one moment.
MR. STEBBINS: Okay.
(Judge stepped away from Bench at 10:22:53)
(Hearing resumes at 10:26 a.m.)
THE COURT OFFICER: Court is back in session, you may be
seated.
THE CLERK: Your Honor, I know we’re starting this trial,
but Attorney Nolan just came in, regarding a Mitchell – the
Mitchell case?
MR. NOLAN: I apologize – Morgan.
THE CLERK: The Morgan case.
THE COURT: All right, I’ll hear from you.
(Judge listening to Attorney Nolan from 10:26:48 through
10:32:48.)
THE CLERK: And we can readjust the matter of the
Commonwealth versus Richard Stebbins, Jr., docket 201323CR284,
Bench trial.
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Catuogno Court Reporting & StenTel Transcription
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THE COURT: All right. Both parties ready to proceed?
MS. JOHNSTON: Yes, Your Honor. I provided the Court, as
well as the defendant, with the Commonwealth’s witness list. The
Commonwealth would first call the victim in this matter, Ms.
Kishana Johnson.
THE COURT: Let me ask before we get there – do either side
wish to make an opening statement?
MR. STEBBINS: No, Your Honor.
THE COURT: Do you wish to waive it?
MS. JOHNSTON: Your Honor, at this point, I don’t think
it’s necessary. It’s pretty simple testimony. I think I’ll just
let my witnesses speak for themselves.
THE COURT: All right, go ahead. Come on up.
THE CLERK: Please raise your right-hand.
KISHANA JOHNSON, Sworn
MS. JOHNSON: Yes.
THE CLERK: Thank you, you may be seated.
THE COURT: (Indiscernible – speaking away from microphone
about another matter at 10:35:02 through 10:34:41.) Go right
ahead. The witness has been sworn, correct?
THE CLERK: Yes, Your Honor.
KISHANA JOHNSON, Previously Sworn
DIRECT EXAMINATION
BY MS. JOHNSTON:
Q Good morning. Could you please state your name and spell
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Catuogno Court Reporting & StenTel Transcription
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your last name for the record?
A Kishana Johnson, J—O—H—N—S—O—N.
Q Thank you, Ms. Johnson. Where do you live, Ms. Johnson?
A 6 Fuller Street, Chicopee, Mass.
Q And how long have you lived in the area?
A In Chicopee – um, off and on for three years.
Q And are you familiar with the Wal-Mart on Boston Road in
Springfield?
A I’m very familiar.
Q And on the date of January 16th, 2013, did you have an
occasion to be at that Wal-Mart in Springfield?
A Mm-hmm. I go to that Wal-Mart frequently.
Q Okay. And on that day, what were you doing that day?
A I was going – I was running to Wal-Mart real quick to grab,
um, an item.
Q Okay. And do you work?
A Yes, for the mental health association – at the time, I
worked at the mental health associating.
Q And you weren’t working that day?
A I was expected to go to work that day.
Q Later that day?
A Mm-hmm.
Q Okay. About what time were you headed to that Wal-Mart?
A Um, it was around – between 1:00 and 2:00. I don’t remember
the exact time, but I know it was the early afternoon.
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Q And what kind of a day was it that day, if you remember?
A Um, it was a snow day, so school was canceled.
Q Okay.
A It was, um, sleet and rain.
Q And upon your arrival, what did you do?
A Um, I pulled in as I usually do. I went to the aisle that I
usually park in. And, as I proceeded to stop to wait for another
car to come out --
Q Okay. So you were coming down a row of traffic?
A Mm-hmm.
Q A row of parked cars on either side?
A Parked cars and people walking.
Q Okay. And was there cars going in both directions in that
row of traffic?
A Mm-hmm. And people walking in both directions.
Q Okay. So there were pedestrians around?
A Mm-hmm.
Q And you were aware of all this going on around you?
A Yes.
Q Okay. So you said you stopped, is that right?
A Yes.
Q Okay. Why did you stop?
A I was waiting for the car that was backing out to move. I
was gonna take his spot.
Q Okay. And, while you were stopped or as you were stopping,
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did anything happen that drew your attention?
A Um, Mr. Stebbins began to hit my window.
Q Okay. So, if you can, where – and maybe -- I don’t want to
erase the board, Your Honor, but I would like to have her draw a
little diagram for me.
THE COURT: Well, I’m not sure if that – well, actually, it
can flip over. I’m not sure what’s on the to her side.
THE WITNESS: And what do you want me to draw?
MS. JOHNSTON: Your Honor, if I may have her stand to draw
the diagram?
THE COURT: All right.
BY MS. JOHNSTON:
Q Okay. It doesn’t have to be to scale, but sort of to the
best of your ability, if you could draw the row of parked cars,
which side your car was on and where this other car was. Just so
we get an orientation as to what was going on.
A This is the row that I’m coming out of.
Q Okay.
A These are all the cars.
Q Okay.
A My car was approximately right here.
Q Okay, why don’t you mark that A. So your car is A.
A Mm-hmm.
Q Okay.
A This is car B, coming out of the --
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Q Okay. And what is that car doing?
A It’s backing out.
Q Okay. And so –
A Well, it’s – it’s not backing out directly in front of my
car, but maybe, um, a little, it’s a little up. So this is the
car B, backing out –
THE COURT: I think there is an eraser there, Ms. Johnson.
THE WITNESS: Okay.
BY MS. JOHNSTON:
Q So, car B is backing out of its spot?
A Mm-hmm.
Q And what are you – what is your plan, in regards to car B?
A My blinker is on.
Q Okay.
A And I’m just waiting for him to back up, so I can pull in.
Q Okay. And at that time, you said Mr. Stebbins hits your
car. Where is Mr. Stebbins?
A He’s walking along this way, on this side.
Q Okay. And why don’t you put C – so that’s where he’s
walking. Okay. And where does he make contact with your car?
A The first time, he hits my mirror. Like, he punches it in.
And it – the mirror closes in.
Q Okay.
A Then he hits my, um, passenger side window.
Q Okay.
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A And my, um, passenger side door.
Q Okay.
A And he, um, the last time he banged, um, a jug of milk
against it.
Q Okay.
A The milk busted. And when he proceeded to go to the back,
he turned around and punched the back of the window.
Q Okay. All right, you can have a seat. Okay. Were you
alone in the car?
A Yes.
Q Okay. At what time did you notice – you said you’re waiting
to pull in, you have your blinker on – what time do you take
notice of Mr. Stebbins?
A As soon as he hit the car. I didn’t notice him until he hit
the car.
Q Okay. And you said he first struck the mirror. Did you
see, was it with his arm or his fist or?
A Um, I don't know if it was with his arm or fist, but I could
see, you know, his hand going. But, like I said, I was stopped,
so the snow and the rain was coming down on my windows.
Q Okay.
A So, I don't know if he hit it with his arm or his hand at
that time.
Q Okay.
A The first hit.
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Q And what happened as a result of that first hit to your car?
A I was shocked. So, I didn’t know what was going on. I
thought maybe it was an altercation with someone going on outside
of the car. I really didn’t know what was going on, until maybe
when he busted the jug of milk on – on to my car. And so now I’m
paying attention to him, because he’s hitting my car. And at the
same time, he’s yelling things. And, um, he proceeds to go to
the back and he busts the window out completely.
Q Okay. So, he first strikes the side window with either his
arm or his fist and then you take notice of him?
A Mm-hmm.
Q At this point, you said there was a jug of milk?
A Yes.
Q Okay. And what did he do with that jug of milk?
A He smashes it against my car.
Q Okay. And where is that on the car?
A On the same side that he’s on, on the passenger side door.
Q On the passenger side. And at this point, you said he’s
saying things – is he saying things to you?
A Yes.
Q Okay. What types of things is he saying?
A He’s yelling, “Black bitch, black bitch”. Just black bitch.
I was – I was still confused. I had no idea what was going on.
Q Okay. And is your window up or down at this time?
A They’re up.
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Q Okay. But you can hear him?
A Mm-hmm.
Q Okay. And then you said he walks to the rear of your car?
A Mm-hmm.
Q And at this point, explain exactly what happened now. How
are you – are you turned around, are you looking at --
A Now I’m turned around, my car is in park and I’m trying to
watch him to see where he’s going.
Q Okay.
A And he punches the back window completely out.
Q Okay. And do you see Mr. Stebbins in the courtroom today?
A Yes.
Q Okay. And where is he sitting?
A Right there.
Q Okay. To –
A Oh, to the – to the right of you.
Q Of me, okay.
A My left.
Q Okay. And what is he wearing?
A A black shirt.
MS. JOHNSTON: Your Honor, if the record could reflect that
this witness has identified the defendant in the courtroom?
THE COURT: All right, the record will reflect that
identification was made.
BY MS. JOHNSTON:
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Q Now, Ms. Johnson, had you ever met the defendant before?
A Never.
Q Okay. You never had any interactions with him prior to this
day?
A Never.
Q Okay.
MS. JOHNSTON: Your Honor, may I approach?
THE COURT: Yes, you may.
BY MS. JOHNSTON:
Q I’m placing a number of photographs in front of you. And as
we’re talking about them, we’ll just refer to them – they’ve been
marked Exhibit 2, Exhibit 3 through Exhibit 7. Okay? So, let’s
start with Exhibit 2. What is that a photograph of?
A My car.
Q Okay. And is that the way it appeared on that day?
A Yes. That’s, um, the police had me pull it into a spot. So
now the cars parked in a spot. This is after the incident.
Q After the incident.
A Mm-hmm.
Q Okay. Now we’re going to look at the Commonwealth’s Exhibit
3. What is that picture showing?
A That’s my mirror. And that happened, um, about two months
after I got my car. I’ve had my car for a year—and—a—half now.
Q Okay. And so that mark there, was that mark there prior to
the incident?
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A Mm-hmm. Yes.
Q Okay. But as a result of the incident, you said your mirror
flipped in, him hitting it?
A Yeah, just flipped in, like, you know, you can push your
mirrors in. They didn’t break or anything, it just flipped in.
Q Okay. This is the Commonwealth’s Exhibit 6. What does that
– what is that?
A That is the jug of milk and the milk, outside of the jug.
Q Okay.
A And, um, that’s his shirt he grabbed to wrap his hand up.
Q Okay. And when did that happen?
A Um, after he busted out the window, he proceeded to walk to
his car. And I was on the phone with the police. And I was
trying to get his license plate number, ‘cause I thought he was
going to leave. And, um, he told me that he would, um, he would
smash my skull if I didn’t get away from him. So I proceeded to
walk back and he started walking back towards that way, too. And
he dropped that.
Q Okay. And you said that was – you saw him with that jacket
and he --
A Yeah, he went to his car to get it.
Q Okay. And what had he done with that jacket?
A He wrapped it around his hand.
Q Okay. And did you see his hand?
A It was bleeding.
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Q Okay. And that was after he punched in your --
A Punched my window.
Q Okay. All right, this is the Commonwealth’s Exhibit 7. And
can you tell us what that is?
A Um, that’s the back of my car and the window busted out.
Q Okay. And what kind of a car do you have?
A An Acura MDX.
Q Okay. And you said you’d gotten it recently?
A Prior – a year prior to that.
Q And that damage that’s shown there, that was not – that was
not like that, prior to that day?
A No.
Q Okay. So that damage that we see there is the result of
what happened that day?
A Yes.
Q Okay. Now, you said you called the police, is that correct?
A Yes.
Q Okay. And at what point did you call the police?
A When he punched the back window out.
Q And what was your state – emotional state at the time that
this was going on?
A I was scared and shocked and, to be honest, like, I’m really
not a scared person and he had me really scared.
Q And was it – what was it that made you scared that day?
A Once he said that he would crack my skull.
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Q And when did he say that?
A When I was on the phone with the dispatcher, trying to get
his license plate number.
Q And you said he also made some statements prior to bashing
in the back window, is that right?
A He was calling me a black bitch. So, I didn’t know what he
was thinking or --
Q Okay. Okay.
MS. JOHNSTON: Your Honor, at this time I’d like to play
the video.
THE COURT: All right. Well, if you intend – I’m going to
ask you, Attorney Johnston, do you intend to ask this witness
questions about the video?
MS. JOHNSTON: Yes, Your Honor.
THE COURT: All right, go ahead. I’m going to have to step
down. My eyes aren’t what they used to be. Are you able to see
that, Mr. Stebbins?
MR. STEBBINS: Yes, Your Honor.
MS. JOHNSTON: And you can see it from where you are?
THE COURT: Ma’am, you can see it? You can come closer if
you’d like.
MS. JOHNSTON: And it is a – you’ll see, it’s a snowy day,
as she testified to.
THE COURT: What am I supposed to be looking at here?
MS. JOHNSTON: (Indiscernible – speaking away from
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microphone at 10:48:55) area over here. And there’s a second –-
(Video plays from 10:48:30 to 10:55:12.)
THE COURT: Is there something in this video that you want
to draw my attention to?
MS. JOHNSTON: Yes, Your Honor. I know the defendant
wanted to show both clips. That was the first clip. It took
place over here, I could show it again if you want to. The
second one is the better view, the second –-
MR. STEBBINS: I just want to – if you can see this --
THE COURT: Hold on, hold on. You have to back it up,
because I – whatever – if there’s something there that either or
both parties want me to see, I don’t think I can see it from this
distance.
MS. JOHNSTON: So, this is the victim’s car. I believe
it’s --
BY MS. JOHNSTON:
Q Do you see your car in this photo?
A That’s my car right there.
Q And do you see the defendant?
A (Indiscernible – speaking away from microphone at 10:56:02).
Q And the diagram that you drew on the board there, where is
that in this still frame here (indiscernible – speaking away from
microphone at 10:56:15).
A (Indiscernible – speaking away from microphone at 10:56:18.)
Q Okay. And at this point in the video, do you see – you
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marked a car B on the board – do you see that car that was – that
you were waiting for, that cars spot?
A So, like, I waited for the white car. The white car
(indiscernible – speaking away from microphone at 10:56:54).
Q Okay. And I know it’s hard to see here, but at this
point --
A (Indiscernible – speaking away from microphone at 10:57:25.)
Q Okay. So this is the white -- what car is this here?
A This is the car that I let go by.
Q Okay. And your car is where?
A On the side of the white car.
Q Okay. And at this point, where is the defendant? I know
there’s some moisture in the way.
A About right there. There’s other people that’s walking
through, but he’s like on the side of m car, but you can’t see
him.
Q Okay. So, at this point, if you can, just tell us what’s
happening right at this point?
A (Indiscernible – speaking away from microphone at 10:58:27.)
Q And did you see anything in that video there?
A (Indiscernible – speaking away from microphone at 10:58:32.)
Q Okay. And the defendant is where at this point?
A Walking.
Q At this point – unless the defendant has an objection – I
would play the other clip. It’s a little bit clearer. I believe
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it’s the next camera over. Now, at this point, does your car
come into view?
A Mm-hmm.
(Indiscernible – speaking away from microphone at 11:01:50.)
Q Okay. So, you’ve seen that video now. Is that video an
accurate representation of what happened that day?
A Yes.
Q Okay. And I know it wasn’t totally clear, but you – on the
video, you saw the defendant enter the screen, is that correct?
A Yes.
Q Okay. And you mentioned the milk jug that struck the car.
That was – you saw that in the video as well?
A Yes.
Q Okay. And what was the defendant’s demeanor towards you –
what was his emotional --
A Real aggressive.
Q And how did – how did that come across? Was it through
words or actions?
A His words, like telling me he was gonna smash my skull, him
yelling when he was punching the window. You can’t see him
punching the window or yelling, but --
Q And after you stopped the car, did you remain in the car or
what did you do after that?
A I stopped the car. I was in the car for a second – as you
can see. I got out: I got back in my car. I’m on the phone with
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the police. And, um, I only walked that way to see, like, the
dispatcher said, to see if you could, um, see his plate from
there. So, I walked, like, I’m walking on this side, his cars
parked on that side, to try to see. He walks back up towards me.
Q Okay. And what was his demeanor like at the time?
A He was still angry and he had his whatever, the shirt,
wrapped around his hand. He was still angry, he was still
swearing, calling me a black B.
Q And did you see any injuries on his hand?
A Before he wrapped his hand, it was bleeding.
Q And again, you said you were -- at the time that he punched
your window, were you still driving or had you stopped?
A I was stopped from the third time he punched my window. I
was parked.
Q You had put the car in park and left it?
A Mm-hmm. And as you can see in the video, like, I jerk a
little bit, ‘cause I put my car in drive to move away when he
punched the window.
Q And did you have to have your vehicle repaired as a result
of this?
A Yes.
Q Okay. Have you gotten it back yet?
A Yes.
Q Okay. And there was damage done to the vehicle that – as a
result of this offense?
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A Yes.
MS. JOHNSTON: Nothing further, Your Honor.
THE COURT: All right, you may cross—examine.
CROSS-EXAMINATION
BY MR. STEBBINS:
Q You just stated that your vehicle is at a stop, when your
car came in contact with my body, but the video clearly shows
that that’s not the case. It actually shows that you
accelerated. Could you be mistaken about this incident?
A No, not at all. And it doesn’t look in the video that I
accelerated, until when I was driving away from you.
Q If we could replay the video --
A We could replay it.
Q -- it’ll show you clearly accelerating towards me. Your
car was in the middle of the aisle. And it shows you veered
towards me. If you saw me, why didn’t you stop?
A I didn’t see you.
Q So, now you’re stating you didn’t see me?
A Until you hit my window.
Q But your car was still moving – in the video, it shows your
vehicle still moving when my body and your vehicle made physical
contact.
A Not until the third time you hit my window – I stopped.
Q Would you like me to replay the video and show you?
A You can play it.
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THE COURT: What’s the -- let me just back you up for a
second, Mr. Stebbins. The question is exactly what?
MR. STEBBINS: She stated that her vehicle was at a stop
when she claimed I attacked her vehicle. The video clearly shows
that her vehicle was accelerating.
THE COURT: Is that your testimony, ma’am?
THE WITNESS: My – my vehicle was at a stop after – after
the third time he hit my vehicle, my car was parked.
THE COURT: After the third time he hit your vehicle,
meaning what? When he was at the rear of the vehicle or some
other place?
THE WITNESS: On the side of – on the side – on the
passenger side. Like, once the milk –
THE COURT: Your question -- just one second -- your
question is when whatever contact was made in the first instance,
was the vehicle stopped or moving – is that your question?
BY MR. STEBBINS:
Q When the first contact was made between your vehicle and my
body, was it moving?
A The first contact – you’re saying that I ran you over and
I’m saying that I didn’t, so you hit my car and I was waiting for
someone to come out. My vehicle wasn’t moving at the time, but I
was getting ready to --
Q So you’re saying your vehicle was stopped?
A It wasn’t in a complete stop.
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Q Your vehicle was stopping --
A It wasn’t a complete stop.
Q So, you weren’t stopped, but you saw me?
A I didn’t see you, until you hit my window.
Q Your vehicle was still moving, but you didn’t see me and
then contact was made?
MS. JOHNSTON: Objection, Your Honor. If he could ask just
one question at a time and allow her to answer.
THE COURT: That’s sort of a compound question, different
things. Just ask one question at a time. It’ll be sustained.
BY MR. STEBBINS:
Q So, you’re vehicle was moving, correct?
A I was --
Q Before the incident?
A Before the incident, I was getting ready to come to a
complete stop. That’s why, in the video, you really can’t see my
car moving – like you say – as much as your body was moving. And
when – once you hit the mirror, I’m looking, but I’m not still
driving, because I’m looking, but my car is still in drive, which
I told Ms. Johnson.
And then, when you hit my window after the third time, my
car went into park. So, no, I wasn’t driving, but my car was in
drive.
Q So, your car – so your car was not moving --
A No.
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Q -- when we made contact?
A No. I didn’t hit you.
MR. STEBBINS: Could I play the video again, Your Honor, to
show that the video – the vehicle was moving, while this was
happening – to show her that there’s some discrepancy between her
statement.
THE COURT: This is a cross-examination, so if you have a
question and you want to use the video to ask the question, you
may.
MR. STEBBINS: Thank you, Your Honor.
BY MR. STEBBINS:
Q So, in your opinion, you were slowing down when this
happened?
A Correct. I was already slowing down, because I was letting
another car come out and go by.
Q Your vehicles slowing down --
THE WITNESS: Your Honor, can I stand back up?
THE COURT: Yes, if you need to.
THE WITNESS: (Indiscernible – speaking away from
microphone at 11:09:55.) Now I’m driving, but I’m – I’m
stopping, because I’m gonna turn into this spot next to the car
that came out. You hit my car and that’s when I started driving
again. And this – can you see when I started driving in, you can
tell, like, I had to put the car in drive, I tried to get away.
(Indiscernible – speaking away from microphone at 11:10:26.)
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BY MR. STEBBINS:
Q And you claim to have seen me punch the rear windshield.
Could you display that for the Court – describe it and --
A Okay.
Q Just to show the Court how I did it.
THE COURT: You can go back to your seat.
THE WITNESS: Once you hit the window for about the third
time, after the milk, you went to the back. Now, this time –
now, at that point, I’m watching your every move. You went to my
back window and you punched the whole back window out, with your
complete fist. I seen it.
MR. STEBBINS: Okay. I have no questions, this was
perfect. I have no further questions, Your Honor.
THE COURT: All right, you can have a seat. Go ahead,
anything else for this witness?
MS. JOHNSTON: Nothing further for this witness, Your
Honor.
THE COURT: All right, ma’am, you can step down.
(Witness excused.)
THE COURT: Anything else from the Commonwealth?
MS. JOHNSTON: Yes, Your Honor. The Commonwealth would
call Officer Thomas Sheehan.
THOMAS SHEEHAN, Sworn
MR. SHEEHAN: I do.
THE CLERK: Thank you.
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DIRECT EXAMINATION
BY MS. JOHNSTON:
Q Good morning, Officer. Could you please state your name and
spell your last name for the record?
A My name is Thomas Sheehan. The last name is spelled S-H-E-
E-H-A-N.
Q And how are you employed, Officer?
A I’m a police officer for the City of Springfield.
Q How long have you been employed in that capacity?
A About 28 years.
Q And did you receive special training to become a police
officer?
A Yeah, the police academy.
Q And throughout your 28 years, have you continued to receive
training?
A Yes. In—service training.
Q And on January 16th, 2013, were you working that day?
A Yes, I was.
Q Okay. And what shift were you working?
A Uh, the 8:00 to 4:00 p.m. shift.
Q And were you in uniform that day or plainclothes?
A Yes, uniform.
Q And were you driving a cruiser?
A Uh, I was a passenger.
Q Okay. But you were in a cruiser?
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A Yes.
Q Okay. And at some point during your shift, were you
dispatched to the Wal-Mart on Boston Road in Springfield?
A Yes, I was.
Q Okay. And what were you dispatched there for?
A It was for a woman who had her, uh, rear windshield smashed
out on a motor vehicle.
Q Okay. And if you remember, approximately what time did this
take place?
A Uh, just about two o’clock in the afternoon.
Q Upon your arrival at the Wal-Mart, did you find the people
involved in this call?
A Yes, I did.
Q Okay. And how were you able to find them?
A Uh, I observed the motor vehicle with the back window
smashed out.
Q And if you remember, what make and color was that car?
A It was an Acura, I think a 2003 Acura, MDX, color, white.
Q And so upon arrival, you could see the damage that had been
done to that car?
A Yes. The back window was completely smashed out.
Q Did you make contact with anyone at the scene?
A Uh, the victim initially, Kishana Johnson.
Q And what was her state of mind at the time?
A She was upset, crying.
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Q And did you make contact with the defendant at the time?
A Uh, not initially.
Q At some point during the call did you come in contact with
the defendant?
A Yes.
Q Okay. And what was your interaction with him?
A Uh, we placed him under arrest.
Q And what was his demeanor at the time?
A Uh, it appeared that maybe he was under the influence of
something or had some type of mental issue.
Q And why do you say that?
A He had a strange look in his eye.
Q And what other types of actions or behaviors was he
exhibiting?
A That was pretty much it.
Q Okay. Was he happy?
A What’s that?
Q Was he happy?
A Uh, kinda belligerent.
Q And this damage that you observed -- if I could approach,
Your Honor -- I’m showing you the Commonwealth’s Exhibit 2 – do
you recognize that photo?
A That’s a picture of the victim’s car.
Q Okay. And when you arrived it was – was it parked?
A Yes.
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Q Okay. And this is the Commonwealth’s Exhibit 7. What is
that a photo of?
A Uh, that’s also a picture of the victim’s car. And the –
the back windows smashed out.
Q Okay. And this is the Commonwealth’s Exhibit 5. What is
that a photograph of?
A That’s the glass in the road.
Q Okay.
A Or in the parking lot.
Q Okay. And at the time that you got there, where was the car
– the victim’s car?
A In a parking space.
Q Okay. And where did you observe the glass in the
Commonwealth’s Exhibit 5?
A Uh, it was back in the parking lot, um, where the, uh,
incident took place.
Q Okay. And the Commonwealth’s Exhibit 4, what do you see in
that photograph?
A Uh, that’s a picture of the empty milk jug.
Q Okay. And where was that found?
A Uh, right near where the incident occurred.
Q Okay. And where was that in relation to where the broken
glass was found?
A Uh, the broken glass would’ve been over here, a little more.
Q Okay. And so, off to the side of the vehicle you found – or
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where the vehicle would’ve been, when you found it?
A Yes.
Q Okay. Okay. And did you notice any injuries that the
defendant had sustained?
A He had a cut on the back of his right—hand.
Q And could you describe that cut in a little more detail?
A It was a straight line cut across the back of his hand here.
MS. JOHNSTON: May I approach, Your Honor?
THE COURT: Yes, you may.
MS. JOHNSTON: Your Honor, if I may mark another exhibit
(indiscernible – background noise at 11:17:09) has no objection.
THE COURT: All right. Is there any objection to this?
MR. STEBBINS: No, Your Honor.
THE COURT: All right, you can mark that as your next
exhibit.
THE CLERK: Eight?
MS. JOHNSTON: Yes.
THE COURT: Mark it Exhibit 8.
(The Clerk marked the series of photographs as the Commonwealth’s
Exhibit No. 8.)
BY MS. JOHNSTON:
Q Okay. I’m placing the Commonwealth’s Exhibit 8 in front of
you. Do you recognize this series of photographs?
A It’s my understanding that those are his, uh, mug shots and
injury photos.
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Q Okay. And in this photo here on the bottom right, is that a
fair and accurate representation of the way the defendants hand
appeared that day?
A Yes. That depicts the small cut on the back of his hand.
Q Okay. And you said that the defendant was placed under
arrest, that’s correct?
A Yes.
Q Okay. And was – what happened after he was placed under
arrest?
A He was transported to the police station for booking.
Q And was he searched?
A Yes.
Q Okay. Was there – did you find anything as a result of that
search?
A He had knife – a knife tucked into his waistband. That was
at the time we cuffed him.
Q And again, you said at the time his demeanor, I believe you
said was belligerent?
A Yeah. I don’t recall what he was saying. He was unhappy
that he was getting arrested.
Q Okay.
A He kinda resisted initially, tightened up.
MS. JOHNSTON: Nothing further for this witness, Your
Honor.
THE COURT: All right, you may cross—examine.
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CROSS-EXAMINATION
BY MR. STEBBINS:
Q (Indiscernible - cannot understand) at 11:19:04) you
questioned the victim and then placed me under arrest, did you
ever question my side of the story?
A No.
Q Was there a reason that you didn’t question my side?
A I talked to two witnesses.
Q And then did you see the video?
A Yes.
Q And after you saw the video, you still felt no need to
question me?
A No.
Q And you’d indicated that you’d searched and found a knife on
me.
A Yes.
Q You actually searched and found that?
A Yes.
Q It wasn’t offered to you?
A Uh, I asked you if you had weapons and you said, yes, you
had a knife on you.
Q And you said that I felt like I had tensed up.
A Yes.
Q That wouldn’t be because of the injuries I received because
of this incident, would it be?
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A I have no idea.
Q Did I indicate to you – at any point in time – that I was
injured?
A Uh, in the drive in, yes.
Q Did I receive medical attention for that?
A Yes, you were allowed to, uh, wash your hand.
Q And that’s all I was allowed to do?
A Yes.
Q So, I wasn’t allowed to see a doctor?
A That was the only complaint is that you had a injury to your
hand.
MR. STEBBINS: No further questions, Your Honor.
THE COURT: All right. Any redirect?
MS. JOHNSTON: Just briefly, Your Honor.
REDIRECT EXAMINATION
BY MS. JOHNSTON:
Q You indicated there were other witnesses at the scene?
A Yes. Dashana Brown (phonetic).
Q And you said your reason for arresting the defendant was
that they confirmed the account that the victim gave you?
A Yes. Yes.
Q Okay.
MS. JOHNSTON: Nothing further, Your Honor.
THE COURT: Anything else for this witness?
MR. STEBBINS: No, Your Honor.
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THE COURT: All right, you can step down, sir.
THE WITNESS: Thank you.
(Witness excused.)
MS. JOHNSTON: The Commonwealth rests, Your Honor.
THE COURT: All right. Mr. Stebbins, the Commonwealth has
presented its evidence. Do you wish to present any evidence in
this case?
MR. STEBBINS: I have my statement from that day – I could
read it.
THE COURT: Well, you can testify.
MR. STEBBINS: I’ll testify.
THE COURT: If you wish.
MR. STEBBINS: Yes.
THE COURT: And you’ll be cross—examined by the
Commonwealth.
MR. STEBBINS: Yes.
THE COURT: And as I said at the beginning, it’s the
Commonwealth’s duty to – burden – to prove you’re guilty. You’re
not obligated to testify or provide evidence but you can
obviously if you wish to.
MR. STEBBINS: Yes, Your Honor, I’d like to.
THE COURT: You do wish to testify – all right. You can
come up here and take the witness stand.
RICHARD STEBBINS, JR., Sworn
MR. STEBBINS: I do.
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THE CLERK: Thank you.
THE COURT: Go right ahead.
MR. STEBBINS: On Wednesday, January 16th at approximately
2:03 --
MS. JOHNSTON: Objection, Your Honor.
THE COURT: Yes. Sir, you just have to testify. You’re
really not allowed to read from --
MR. STEBBINS: Just to read it – all right.
THE COURT: This is a statement you made in the past.
MR. STEBBINS: All right, that’s fine. No, this is
something I just wrote myself. This is what happened. I can –
well, I’ll do video.
I was walking out of Wal-Mart. It was obviously a – a terrible
day. There’s rain and sleet and the grounds were icy. I was
walking, looking down. When I approached the aisle that the
alleged victim was driving towards, I looked up, I saw the
vehicle backing out. I moved towards the left side of the lane,
because that’s where my car was parked. And I saw her in the
middle of the aisle.
So, I looked back down, with no concern to think I was gonna
get hit by a car. I kept walking, looking down, because – as
your photos indicate – there’s trash and ice on the ground, in
the area where I was struck. Out of nowhere, I was struck by the
vehicle. The vehicle didn’t stop. I started to slip and the
right – the right rear tire of the vehicle stopped on my right
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foot.
I ran screaming. I swung the milk jug at the car – “Move
your car, you’re on my foot”, screaming. The milk jug had went
flying. And as I was able to pull my foot free, I’d slipped on
the ice. And when I fell, I cracked the window with my elbow and
it had broken. When I looked through the window, the driver was
on her cell phone talking. I didn’t believe the driver at any
point had saw me. At this point, I didn’t know.
And then when she got her – out of the vehicle, I backed
away. I’m like, “I’m not fighting. Call the police”. ‘Cause I
didn’t mean to break the window, but she was on my foot. And I
would – I thought I’d gotten hurt. I mean, the vehicle struck me
as I walking by and then stopped on my foot. And then, before
I’d started walking, she was in the middle of the aisle. So, at
some point, she drove towards me – as the video showed – she
drove at me. I wasn’t walking towards her vehicle. She drove
towards me.
I don't know where this malicious intent came from? I never
saw the vehicle strike me.
MS. JOHNSTON: Objection, Your Honor.
THE COURT: Overruled.
MR. STEBBINS: I never saw the vehicle strike me.
THE COURT: Overruled.
MR. STEBBINS: It just hit me and then she kept driving and
then stopped on my foot. And then, in my attempt to free my
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foot, I accidentally shattered her windshield, with my elbow. At
no point did I ever punch the window. And the – I believe the
video shows I didn’t swing my fists like that. Even as I was
walking away, it shows me moving my arm, because I had hit it
with my elbow. There was no swelling or indication on my
knuckles that I’d punched anything, because I didn’t.
I believe I’m done. I don’t have anything else.
THE COURT: All right. You may cross—examine.
MS. JOHNSTON: Thank you.
CROSS-EXAMINATION
BY MS. JOHNSTON:
Q So, Mr. Stebbins, it’s your testimony that you accidentally
broke this rear windshield?
A Yes.
Q Okay. And that at the time you did that, you were somehow
trapped under the car?
A The pictures of the car show that the wheel base of it –
that the rear wheel is close to the rear of the – the vehicle.
My foot was underneath. The side of my right foot, my sneaker
had been caught, underneath the tire.
Q And it’s your testimony that you did not yell anything at
this driver, while she was --
Q I yelled, “Move your car, you’re on my foot”. And I was
screaming at her. There was no misunderstanding when I was
screaming.
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Q And you – it’s your testimony that you did not make any
racial comments to her?
A Up until this point, I had no idea what color or even sex
the driver was – I had no idea.
Q But you were right at the side there – you said you could
see her on her cell phone?
A The person was on a cell phone.
Q But you couldn’t see --
A I didn’t have time to identify the person.
Q But –
A The person – I saw a phone in their hand, I’m like, this
person just hit me and they’re on their cell phone. I was in
shock, ‘cause I thought I was just kinda hurt. Like, I – they
ran over my foot.
Q Okay.
A It hit me – the mirror hit my bicep, causing nerve damage,
which I have proof of. And then ran over my foot.
MS. JOHNSTON: Your Honor, I’d move to strike his testimony
about the proof that he has as to any damage that was sustained.
THE COURT: All right. Well, that would be unresponsive to
the question among other things, so the comment about I have
nerve damage, there is no evidence of that, it’s not responsive
to the question that was asked.
THE WITNESS: Okay.
THE COURT: So that’ll be stricken.
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BY MS. JOHNSTON:
Q So, you saw a cell phone in hand, yes?
A Yes.
Q Okay, but it’s your testimony that, despite seeing that, you
didn’t know the race of this person?
A I made no attempt to approach or identify the person. I
backed away, because – since the window shattered, I didn’t wanna
intimidate a witness –--
Q Just a yes or no is fine. So you didn’t see the race or the
--
A No.
Q -- ethnicity of this person?
A The headrest was blocking the head.
Q You saw the hand?
A Yes.
Q Okay.
MS. JOHNSTON: Nothing further, Your Honor.
THE COURT: All right. Anything else?
MR. STEBBINS: No, Your Honor.
THE COURT: All right, you can step down.
(Witness excused.)
THE COURT: And you have no other witnesses or other
evidence you wish to introduce?
MR. STEBBINS: (No audible reply.)
THE COURT: All right, so the defendant rests at this
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point?
MR. STEBBINS: Hmm?
THE COURT: You’re resting at this point?
MR. STEBBINS: Yes, Your Honor.
THE COURT: All right. If you wish to make a closing
argument, you can do that and then I’ll hear from the
Commonwealth. You just need to stand up for this part.
CLOSING ARGUMENT FOR THE DEFENDANT STEBBINS
MR. STEBBINS: The video – the video speaks for itself.
And the video shows the victim – alleged victim – driving through
the parking lot. She’s in the middle of the aisle. She swerves
towards me, the defendant, in an attempt to – I don't know, try
to get by them faster, hits me. She stopped on my foot. In my
attempt to free myself, hollering, “Move your vehicle, you’re on
my foot”, the milk jug did break on the side of her car and went
flying.
And then as I was able to pull my foot free, I stumbled and
smashed her rear windshield. Not intentionally. I backed way
from her, swinging my arm, ‘cause my arm had hurt from the
initial impact from the mirror. And then I – I yelled at her,
I’m like, “Call the police, I’m not fighting with you”. I made
no attempt whatsoever to intimidate the witness. The video
clearly shows me backing away from her. And then I walked to my
vehicle and placed my remaining groceries in the car. And then I
grabbed a fishing vest that I had to stop the bleeding of my
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hand. Because the initial impact of the vehicle had caused the
milk jug to break in my hand and that’s what cut me.
And I received no other injuries from slamming the milk jug
against the side of the car, my elbow hitting the rear
windshield, in my attempt to free myself. That’s all.
THE COURT: All right. Thank you. Attorney Johnson.
MS. JOHNSTON: Thank you, Your Honor.
CLOSING ARGUMENT FOR THE COMMONWEALTH
MS. JOHNSTON: Your Honor, you heard testimony from both,
the victim in this case, Ms. Kishana Johnson, as well as an
officer of the Springfield Police Department who has been a
member of that department for over 28 years. You heard testimony
from the witness, Your Honor, that as she came to a stop, she
noticed the defendant as he hit her side mirror. That he then
continued down the side of her car, slamming his fists and the
milk jug, which then flew. At this time, Your Honor, she said
she put the car in park. That she turned around to now take
attention to this defendant who, at the time by her testimony,
was making racial slurs at her. That he had noticed her race and
ethnicity at this time and that he was making statements to her
to – that were hostile towards her.
At this time, Your Honor, she watched this defendant take
his arm and slam it through the rear of her vehicle, causing the
damages that you have seen to her rear window. That the glass
was shattered around the parking lot and the photos of the
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defendant’s injuries as a result.
You heard from this victim. She testified that she was scared.
She was upset by this. That the defendant was very angry,
aggressive and assaultive towards her. And that after getting
out of her car, she parked, there were other people around. And
she remained away from this defendant, because she was fearful
after this incident had taken place.
You also heard, Your Honor, from Officer Sheehan. Upon his
arrival at the scene, he testified that he wasn’t sure what was
going on with the defendant. He thought he might be either,
under the influence or have some sort of mental issue, as he was
acting odd. And that his characterization of the defendant at
the scene was that he was belligerent.
His view of the evidence is consistent with the testimony of the
witness in this case, the damages that you saw, the injuries that
he sustained. The officer testified that, upon arrival, this
victim was hysterical, that she was crying and upset. And that
was as a result of this incident that had just taken place with
Mr. Stebbins.
As a result, Your Honor, the defendant was charged malicious
damage to a motor vehicle. As Your Honor knows, that requires
the Commonwealth to prove that this defendant did injure or
destroy a motor vehicle, belonging to another person. And more
importantly, that he did so with malice. I don’t think there’s
any question that it was a motor vehicle, that there was damage
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done, leaving us with the remaining question of whether it was
done with malice.
To show that, Your Honor, the Commonwealth needs to prove
that there was some sort cruelty, hostility or revenge. It does
not need to prove that this defendant knew who this victim was.
So, all that’s left is, was there cruelty, was there hostility,
was there some revenge act going on here? I think there’s
credibility testimony from the witness and corroborating
testimony from Officer Sheehan that this defendant was hostile
and acting in a cruel manner towards this witness through – this
victim, excuse me – throughout their interaction. And that the
Commonwealth has sustained it’s burden in that respect.
As to the disorderly conduct, Your Honor, again, that would
require us to prove that this defendant engaged in some sort of
threatening behavior or some sort of violent or tumultuous
behavior or created some sort of physical – psychically offensive
situation that didn’t serve any legitimate purpose. I think the
Commonwealth could sustain its burden on any three of those
theories of disorderly conduct.
His threatening behavior, his racial remarks that he was
making towards her, you heard the witness say that, after this
happened, he said he would crack her skull. He called her
numerous things throughout that Your Honor heard. In terms of
his violent, tumultuous behavior, I think that same evidence
supports that, in addition to the actual malicious act of
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breaking out her back window.
And finally, I can’t think of any legitimate purpose for his
actions. Your Honor, even if you were to believe the defendant
that he had been struck by the car or something to that effect,
that does not give him a legitimate purpose to then break in her
windshield. In fact, that would further support that this was
done in revenge if Your Honor did view the evidence in that way.
However, Your Honor, I believe the Commonwealth has met its
burden. We would ask you to find the defendant guilty of both,
the charge of malicious damage of a motor vehicle and the
disorderly conduct, based on the testimony of the witnesses.
The video you’ve seen, Your Honor. It is hard to see,
however, I believe it supports the witnesses version of the
events and the evidence before you, Your Honor, I believe also
supports both, the victims account of the story and what the
officer arrived upon seeing – excuse me – saw upon arrival. And
as a result, Your Honor, the Commonwealth would request that you
enter a finding of guilty as to both counts. Thank you.
THE COURT: All right. I’d like to – do you have the
video, Exhibit 1, has that been given to our Clerk?
MS. JOHNSTON: They haven’t been marked.
THE COURT: That was introduced as an exhibit, correct?
MS. JOHNSTON: Yes.
THE CLERK: The Commonwealth’s exhibit.
THE COURT: We’ll mark that and I will take that exhibit,
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as well as the other exhibits and we’ll take a short recess and
I’ll come back.
(Court recessed at 11:34 a.m.)
(Court reconvened at 12:36 p.m.)
THE COURT OFFICER: Court is back in session, please be
seated.
THE CLERK: We’re back on the record, Your Honor, the
Commonwealth versus Richard Stebbins.
THE COURT: All right. Thank you for your patience. I
wanted to review the video again, not great quality, but on a
smaller screen, to see if there was anything that I was missing
or anything there that I hadn’t seen in the courtroom. So, thank
you for waiting. Two computers the court has didn’t work with
that video.
VERDICT
THE COURT: All right. After considering all the evidence,
I find the Commonwealth has met its burden. And I find, Mr.
Stebbins, that you are guilty on counts one and two of this
complaint.
I find that Ms. Johnson – you didn’t set out that day to do
this, but you were walking along and I – it’s clear to me –
perhaps Ms. Johnson wasn’t looking where she should be looking.
And the direction of her vehicle is toward you and that there was
– I credit part of your testimony – there was some contact
between the two. But I also find that there’s really no doubt,
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no reasonable doubt that your response to that was just do
exactly what she indicated, which was to smash her rear window
and that that was done with malice. The Commonwealth has met
that burden of proving that.
And with the count of disorderly conduct, by that conduct,
that amounted to disorderly conduct. I’ll hear from the
Commonwealth with regard to sentencing.
MS. JOHNSTON: Thank you, Your Honor. Your Honor, as to
count one, the Commonwealth – given your finding of guilty – is
requesting a split sentence.
You heard the facts before you, Your Honor. You heard the
testimony from the victim. This was a very scary event for her.
You heard the statements that were made. I believe she stated
that he called her a “Black bitch” several times. And that in
the wake of the events, said that he would “crack her skull”,
Your Honor.
You also heard from the officer that he seemed belligerent
and that he believed there either had to be, maybe a drug problem
or some sort of mental health issue in his interaction with him.
And that he had a knife on his person at the time.
In this regard, Your Honor, given those facts, the Commonwealth
is requesting a one year sentence, six months to be served
directly, while on probation for the second period, Your Honor,
suspended for a year.
We would request that he get some anger management help.
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And additionally, that he have a mental health evaluation. This
conduct is not justified in any way, given the violent nature of
the conduct, given the hostility that he showed towards this
woman, who was just going about her day that afternoon, the
Commonwealth feels that this is an appropriate recommendation.
I understand the defendant has almost no record before the Court.
However, I will note that he does have several restraining
orders, one that looks like it was in effect for four years or at
least a period of time was granted for four years. That in
itself does show that there is some record of some sort of
aggressive nature, in people seeking the courts help in helping
to quell that nature – that aggressive nature towards them.
As a result, Your Honor, that is the Commonwealth’s request
at this time, a six month sentence served directly, a six month
sentence to be suspended for an additional year and that the
defendant does get some anger management as well as a mental
health evaluation.
Additionally, Your Honor, I would state that there will be
restitution owed. At this point, we don’t know what that
restitution is, so we would ask that, in addition, that a
restitution hearing be set, so that the victim can provide that
restitution info. As I understand, it is a mandatory restitution
under the statute.
THE COURT: Why don’t we know that?
MS. JOHNSTON: She doesn’t have an invoice at this point,
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Your Honor. I believe prior to today, she did reach out and try
to make a phone call this morning, to get the value, but I don’t
think at this point we have that number.
THE COURT: All right. Mr. Stebbins, you have a right to
be heard as to what you think I should do, with regard to the
punishment having been found guilty.
MR. STEBBINS: I have no violent history. I work at a
pediatrics office as a medical assistant.
THE COURT: Mm-hmm.
MR. STEBBINS: I’m not a violent person. And I – I didn’t
attack the vehicle. I still don’t have any anger towards the
driver for the accident that happened. I believe at the time it
was an accident, from the statement that I wrote. I believed it
was a complete accident. And the windshield smashing, I didn’t
do it on purpose, but she was on top of my foot.
THE COURT: Mm-hmm.
MR. STEBBINS: And the video doesn’t show the other angle.
The fact that I’m found guilty, I – it boggles my mind. I don’t
-- well, maybe I shouldn’t have rushed this and got a jury. I’m
gonna fight this charge to get it off my record. I can’t have
this on my record working in a – as a medical assistant in a
pediatric with children every, single day.
THE COURT: Well, you do have a right to appeal this
decision --
MR. STEBBINS: I’m going to. I have no other choice.
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THE COURT: -- on the issues of law to a higher court.
That is your right. And you may want to talk to a lawyer about
that – the issue. I can’t – I explained your rights to you.
MR. STEBBINS: I understand.
THE COURT: You wanted to go forward on your own, without a
lawyer, which is absolutely your constitutional right, but you
run certain risks in doing that as well as your choice to have
this before a Judge or a jury. I’ve made my findings.
With regard to -- anything from probation?
PROBATION: Judge, I would just agree with the District
Attorney’s office, regarding the mental health portion and anger
management (indiscernible – speaking away from microphone at
12:42:37.)
THE COURT: Mm-hmm. All right. What I’m going to do here
is this, Mr. Stebbins. I’m going to place you on probation for
one year. I will require that you’ll have to complete the anger
management counseling program. You’ll have no contact with Ms.
Johnson – you stay away from her. Restitution, I’ll give the
Commonwealth ten days to provide any evidence, if they’re seeking
restitution, what would be the cost to repair the window. So,
ten days from today would be --
MS. JOHNSTON: That would be May 10th, Your Honor.
THE COURT: May 10th we’ll make it. So, you’ll have to be
here on May 10th on that issue. And you’ll provide to Mr.
Stebbins, a copy of any invoice that you seek to introduce as the
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cost of repair, because the statute does require restitution.
MS. JOHNSTON: And, Your Honor, I will – I actually am in that
session next week, so we could put it – I’m in Courtroom 4 and
I’m in there that – assigned to that session.
THE COURT: Well, you’ll go wherever I am, I think.
MS. JOHNSTON: Oh, okay. Understood, Your Honor.
THE COURT: It has to go before me, so wherever I am,
that’s – you’ll ask and you’ll be here for that. There are some
– count two will be guilty and I’ll file that charge. That’ll be
filed for 30 days.
THE CLERK: Yes, Your Honor. June 3rd.
THE COURT: I’m required to impose a $90 victim/witness fee
and a $50 per month probation supervision fee. This document
right here, Mr. Stebbins, lays out all these conditions. You
need to review this with probation and you’ll have to sign it
before you leave.
And again, there are time limits on any appeal. If you wish
to take an appeal to a higher court, if you think there’s been an
error (indiscernible - cannot understand at 12:44:45) you should
probably consult with a lawyer about that and make sure your
rights are – all of your rights are protected.
THE CLERK: Your Honor, how much time for the $90
victim/witness?
THE COURT: We’ll give Mr. Stebbins 30 days to pay that.
Actually, I’ll make it 60 days to pay that.
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THE CLERK: July 1st?
THE COURT: To July 1st. All right.
PROBATION: Judge, did you want the mental health or --
THE COURT: No – anger management. I checked anger
management.
PROBATION: Okay, I’m sorry. I didn’t see that. Thank
you.
THE COURT: All right, thank you.
MS. JOHNSTON: Thank you, Your Honor.
THE COURT OFFICER: All rise.
(Court adjourned at 12:45 p.m.)
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The Commonwealth of Massachusetts
OFFICE OF COURT MANAGEMENT, Transcription Services
AUDIO ASSESSMENT FORM
For court transcribers: Complete this assessment form for each volume of transcript
produced, and include it at the back of every original and copy transcript with the certificate
page, word index, and CD PDF transcript.
TODAY’S DATE: May 7, 2014 TRANSCRIBER NAME: Raymond F. Catuogno, Sr.
CASE NAME: Commonwealth v Richard Stebbins, Jr. DOCKET NUMBER: 1323CR0284
RECORDING DATE: May 1, 2013 TRANSCRIPT VOLUME: 4 OF 6
(circle one) TYPE: CD TAPE QUALITY: EXCELLENT GOOD FAIR POOR
(circle all that apply) ISSUES (include time stamp):
background noise time stamp:
low audio
low audio at sidebar
simultaneous speech 10:22:00
speaking away of microphone 10:35:02/10:48:55/10:56:01/10:56:15
10:56:18/10:56:54/10:57:25/10:58:27
10:58:32/11:01:50/11:09:55/11:10:26
11:17:09/12:42:37/12:44:45
Cannot understand 11:19:04
COMMENTS:
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COMMONWEALTH OF MASSACHUSETTS1
I, RAYMOND F. CATUOGNO, SR ., an Approved Court2
Transcriber , do hereby certify that the foregoing is a3
true and accurate transcript from the audio recording4
provided to me by unknown court recording monitor of5
the Springfield District Court proceedings in the6
above-entitled matter.7
8
I, RAYMOND F. CATUOGNO, SR., further certify that9
the foregoing is in compliance with the Administrative10
Office of the Trial Court Directive on Transcript11
Format.12
13
I, RAYMOND F. CATUOGNO, SR., further certify that I14
neither am counsel for, related to , nor employed by any15
of the parties to the action in which this hearing was16
taken, and further that I am not financially nor17
otherwise interested in the outcome of the action.18
19
____May 6, 2014_________ ____Raymond F. Catuogno, Sr.__20
Date Raymond F. Catuogno, Sr.21
One Monarch Place22
Springfield, MA 01144-00023
(888) 228-864624
CourtReporting@Catuogno.cc25
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12 ------------------------3, 5
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2
2 -------------------------4, 5
2013 --------------------1, 6
2014 --------------------6, 7
22 --------------------------- 3
228 ------------------------- 7
23 --------------------------- 5
28 ------------------------4, 5
28th ------------------------ 5
4
49 --------------------------- 3
5
5 ---------------------------- 6
50 --------------------------- 3
6
6 -------------------------6, 7
7
7 -------------------------1, 6
8
888 ------------------------- 7
A
a ---------------------- 3, 4, 7
able ------------------------ 4
above --------------------- 7
abruptly ------------------ 3
accurate ------------------ 7
action --------------------- 7
Administrative ---------- 7
afford --------------------- 4
after ----------------------- 3
all -------------------------- 6
am ------------------------- 7
an ----------------------- 3, 7
And ------------------------ 4
another ---------------- 3, 4
any ---------------------- 4, 7
APPEARANCE ------------ 1
apply ---------------------- 6
appoint ------------------- 4
Approved----------------- 7
are ---------------------- 3, 4
arrested ------------------ 4
ask ---------------------- 3, 4
asking --------------------- 3
assessment -------------- 6
Attorney ------------------ 3
audio ---------------- 4, 6, 7
Audio ---------------------- 3
away ---------------------- 6
B
back -------------------- 4, 6
background -------------- 6
be -------------------------- 3
BEFORE ------------------- 1
being ------------------- 3, 4
but ------------------------- 4
But ------------------------- 4
C
called ---------------------- 3
CALLED ------------------- 2
can ---------------------- 3, 4
Can ------------------------ 4
car ------------------------- 4
Catuogno -----------1, 6, 7
CD -------------------------- 6
cell ------------------------- 4
certificate ---------------- 6
certify --------------------- 7
charged ------------------- 3
charges-------------------- 3
circle ----------------------- 6
CLERK---------------- 3, 4, 5
come ---------------------- 4
COMMENTS-------------- 6
Commonwealth--------- 6
COMMONWEALTH -- 1, 7
complaint----------------- 3
compliance--------------- 7
conclusion ---------------- 4
conduct ------------------- 3
conference --------------- 4
consider------------------- 3
continue ------------------ 4
copy ----------------------- 6
could----------------------- 3
Court --------- 1, 3, 4, 5, 7
COURT ------- 1, 3, 4, 5, 6
CourtReporting@Catuo
gno -------------------- 7
Courtroom --------------- 1
CROSS --------------------- 2
D
D ---------------------------- 2
damage ------------------- 3
Date------------------------ 7
DATE ----------------------- 6
Defendant ---------------- 3
DEFENDANT ------------- 1
DEPARTMENT ----------- 1
DIRECT -------------------- 2
Directive ------------------ 7
disorderly----------------- 3
District ----------------- 3, 7
DISTRICT ------------------ 1
do -------------------- 3, 4, 7
Docket -------------------- 1
driving --------------------- 4
E
E----------------------------- 2
each ------------------------ 6
either ---------------------- 3
employed ----------------- 7
entitled ---------------- 3, 7
every ----------------------- 6
evidence ------------------ 4
Exhibits -------------------- 1
EXHIBITS ------------------ 2
F
F ---------------------- 1, 6, 7
February ------------------ 5
financially ----------------- 7
first ------------------------- 3
For -------------------------- 6
FOR ------------------------- 1
foregoing ----------------- 7
form -------------------- 3, 6
Format--------------------- 7
from ------------------------ 7
further --------------------- 7
G
G ---------------------------- 1
going ------------------- 3, 4
H
HAMPDEN ---------------- 1
have ------------------------ 4
He -------------------------- 3
heard ---------------------- 3
hearing ---------------- 3, 7
Hearing -------------------- 3
HEARING ------------------ 1
here ------------------------ 3
hereby --------------------- 7
hire --------------------- 3, 4
Honor ---------------------- 3
HONORABLE ------------- 1
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I
I ---------------- 1, 2, 3, 4, 7
if -------------------------3, 4
If ---------------------------- 3
in -------------------------3, 7
include--------------------- 6
index ----------------------- 6
indicating ----------------- 3
interested----------------- 7
is -------------------------3, 7
it ---------------------------- 6
itself ------------------------ 4
J
January -----------------1, 6
January 1---------------1, 6
Johnson ------------------- 3
Jr ---------------------------- 6
jus -----------------------3, 4
just ----------------------3, 4
K
know ----------------------- 4
L
L ----------------------------- 1
lawyer ------------------3, 4
let --------------------------- 4
like-----------------------3, 4
low ------------------------- 6
M
MA ------------------------- 7
malicious------------------ 3
MASSACHUSETTS ----1, 7
matter ------------------3, 7
May ---------------------6, 7
me -----------------------4, 7
microphone -------------- 6
moment ------------------- 4
Monarch ------------------ 7
Monitor ------------------- 1
more ----------------------- 4
motor ---------------------- 3
Mr -------------------------- 3
MR-----------------------3, 4
myself ------------------3, 4
N
N --------------------------- 2
NA ------------------------- 6
NAME --------------------- 6
neither -------------------- 7
No -------------------------- 1
noise ---------------------- 6
nor ------------------------- 7
not ------------------------- 7
Number------------------- 1
NUMBER ----------------- 6
O
OF -------------------- 1, 6, 7
Off ------------------------- 7
Office---------------------- 7
Okay -------------------- 4, 5
on -------------------- 3, 4, 7
one --------------------- 4, 6
One ------------------------ 7
order ---------------------- 3
original-------------------- 6
other ---------------------- 6
otherwise ---------------- 7
outcome------------------ 7
own --------------------- 3, 4
P
pa -------------------------- 6
PAGE ---------------------- 2
Pages ---------------------- 1
parties -------------------- 7
PDF ------------------------ 6
person -------------------- 4
phone --------------------- 4
phonetic ------------------ 3
present ------------------- 3
presented ---------------- 4
pretrial -------------------- 3
Pro ------------------------- 1
proceedings ------------- 7
produced ----------------- 6
Professional ------------- 1
provided ------------------ 7
R
reach ---------------------- 4
rec ------------------------- 7
recessed ------------------ 5
recognizance ------------ 3
record --------------------- 4
Recorder ------------------ 1
Recording ---------------- 1
recordings ---------------- 4
RECROSS ------------------ 2
REDIRECT ----------------- 2
regard --------------------- 4
Registered ---------------- 1
related -------------------- 7
released------------------- 3
Reporter ------------------ 1
represent -------------- 3, 4
represented -------------- 3
resolve ----------------- 3, 4
resumed ------------------ 3
Richard ----------------- 3, 6
S
S ---------------------------- 6
said------------------------- 4
say ------------------------- 4
schedule ------------------ 4
Se --------------------------- 1
Services ------------------- 6
showing ------------------- 4
sidebar -------------------- 6
sign------------------------- 3
simultaneous ------------ 6
since ----------------------- 3
sir ------------------------ 3, 5
so --------------------------- 4
So------------------------ 3, 4
sorry ----------------------- 4
speak ------------------- 3, 4
speaking ------------------ 6
speech--------------------- 6
Springfield ----------1, 3, 7
SR--------------------------- 7
SS --------------------------- 1
stamp---------------------- 6
STEBBINS -----------1, 3, 4
stopped ------------------- 3
Sure ------------------------ 4
T
taken ---------------------- 7
that ------------------ 3, 6, 7
the --------------- 3, 4, 6, 7
today ---------------------- 4
Transcriber --------------- 7
transcribers -------------- 6
transcript ------------- 6, 7
Transcript ----------------- 7
TRANSCRIPT -------------- 6
Transcription ------------- 6
Trial ------------------------ 7
TRIAL ----------------------- 1
true------------------------- 7
two ------------------------- 4
TYPE ------------------------ 6
U
Unknown ----------------- 1
up --------------------------- 4
V
v ----------------------------- 6
vehicle --------------------- 3
Volume -------------------- 1
VOLUME ------------------ 6
VS --------------------------- 1
W
wanted ---------------- 3, 4
was ------------------ 3, 4, 7
we ---------------------- 3, 4
We-------------------------- 4
Well -------------------- 3, 4
were ------------------- 3, 4
What ------------------- 3, 4
which ---------------------- 7
while ----------------------- 3
will---------------------- 3, 4
with -------------- 3, 4, 6, 7
WITNESS ------------------ 2
word ----------------------- 6
would ------------------ 3, 4
X
X ---------------------------- 2
Y
Yes -------------------------- 4
yesterday ----------------- 3
yourself --------------- 3, 4
Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Providence, RI
Volume: IV of VI
Pages: 58
Exhibits: 0
COMMONWEALTH OF MASSACHUSETTS
HAMPDEN , SS DISTRICT COURT DEPARTMENT
OF THE TRIAL COURT
* * * * * * * * * * * * * * * * *
*
COMMONWEA LTH OF MASSACHUSETTS *
* Docket No.
VS. * 1323CR0284
*
RICHARD L . STEBBINS, JR *
*
* * * * * * * * * * * * * * * * *
TRIAL
BEFORE THE HONORABLE WILLIAM P. HADLEY
APPEARANCE :
FOR THE COMMONWEALTH:
Hampden County District Attorney’s Office
50 State Street
Springfield, MA 01103
By: Katharine A. Johnston, ADA
FOR THE DEFENDANT STEBBINS:
Pro Se
Springfield, Massachusetts
Courtroom Number 1
May 1, 2013
Reporter: Raymond F. Catuogno , Sr.
Registered Professional Reporter
Recorder: Unknown Court Recording Monitor
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I N D E X
WITNESS DIRECT CROSS REDIRECT RECROSS
KISHANA JOHNSON
(By Ms. Johnston) 10
(By Mr. Stebbins) 26
THOMAS SHEEHAN
(By Ms. Johnston) 31 38
(By Mr. Stebbins) 37
RICHARD STEBBINS
(By Ms. Johnston) 42
EXHIBITS PAGE
(NONE MARKED )
CLOSING ARGUMENT:
For the Defendant Stebbins 45
For The Commonwealth 46
VERDICT 50
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(Court called to order.)
(Claimant present.)
(10:14 a.m.)
THE COURT OFFICER: If we could address Richard Stebbins.
THE COURT: Mr. Stebbins, have you made up your mind as to
how you want to proceed?
MR. STEBBINS: I waive the jury, Your Honor.
THE COURT: All right. Commonwealth, your witnesses are
available, are here, ready to go?
THE COMMONWEALTH: Yes, Your Honor. We have one police
officer and one civilian witness, who’s the victim.
THE COURT: All right. Before we go on tape, let me ask
Mr. Stebbins, I need to go over this with you. I looked earlier:
I showed you that form – that jury waiver form that you signed.
And that indicates, first of all, that you’re going to waive your
right to an attorney.
THE CLERK: Your Honor, if I could swear him in, I didn’t
do that.
THE COURT: Okay.
THE CLERK: Please raise your right-hand, sir.
MR. STEBBINS: I do.
THE CLERK: Thank you, sir.
THE COURT: Now, you signed a waiver of counsel form, first
of all. And you understood that you have the right to be
represented by an attorney and if you could not afford one, the
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Court could appoint one or you could hire one and you chose to
represent yourself, correct?
MR. STEBBINS: Yes, sir.
THE COURT: And I just want to make sure you understand that.
As you probably know, a lawyer is someone with some special
training and experience, who can usually give advice and guidance
to someone facing criminal charge like this. You have an
absolute, constitutional right to represent yourself, but when
you do that, you run certain risks. The outcome may not be
exactly what you expected. You may overlook some defense. You
may overlook some future consequence of what happens here today.
First of all – so, how old are you?
MR. STEBBINS: Thirty—four.
THE COURT: How far did you go in school?
MR. STEBBINS: College, second year of college.
THE COURT: And today, are you under the influence of alcohol,
drugs or medicine?
MR. STEBBINS: No.
THE COURT: Do you suffer from any sort of illness that might be
impairing your judgment and thinking?
MR. STEBBINS: No.
THE COURT: So, with regard to an attorney, you understand
that that’s the way you want to proceed, you won’t be able to
change your mind later on. Do you still want to waive your right
to an attorney and represent yourself?
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MR. STEBBINS: Yes.
THE COURT: All right. Now, with regard to the waiver of
the jury trial -- do we have a waiver for a jury trial form?
MR. STEBBINS: Yes. It’s right here.
THE COURT: Can you take a look at that, because I need to have
that in writing as well.
MS. JOHNSTON: Yes, Judge.
THE COURT: All right. So this form indicates that you’ve
chosen to be tried by a Judge, without a jury. Did you read this
before you sign it?
MR. STEBBINS: Yes, sir.
THE COURT: Did you understand what it says?
MR. STEBBINS: Yes, sir.
THE COURT: All right. You have a right to have one trial
on these two charges, which have been brought against you. That
trial could – again – be in front of a Judge or a jury. If you
wanted to have a jury trial, we’d bring in people from the
community, they wouldn’t really know about you or about this
matter ahead of time. You could work to pick six of those
people. You could challenge any two of those people, without
giving any reason, to try to assure that they are fair and
impartial.
If you chose to have a trial in front of a jury, the jurors
would listen to the witnesses, look at any evidence, listen to
the Judge instruct them on the law. Then they would return a
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unanimous verdict of guilty or not guilty on each of these
charges. So, all six jurors would have to agree that you are
guilty, before you could be found guilty.
When you waive or you give up your right to a jury trial and you
allow a Judge to decide, both the facts and the law and whether
you are guilty. It really is a practical matter that one persons
decision as to the facts would be final. So, having said that,
do you understand the difference between a trial in front of a
Judge and a trial in front of a jury?
MR. STEBBINS: Yes, Your Honor.
THE COURT: All right. Do you have any questions about
that issue?
MR. STEBBINS: No, Your Honor.
THE COURT: Is it still your wish – after I’ve explained
that to you – to waive your right to a jury trial on the charges
of malicious damage to a motor vehicle and disorderly conduct and
instead, have that trial in front of a single Judge?
MR. STEBBINS: Yes, Your Honor.
THE COURT: And you understand that, once you’ve made that
decision, you won’t be able to change your mid later on?
MR. STEBBINS: Yes, Your Honor.
THE COURT: All right. So you made a voluntary, knowing,
intelligent waiver of your right to counsel and your right to a
jury trial and I’ll allow that.
The way this is going to proceed is, I’ll just – I can’t give
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you, obviously, any legal advice, but I would just say of ways to
proceed, the Commonwealth obviously has the burden of proof,
proving guilt beyond a reasonable doubt. The Commonwealth can,
if the prosecutor wishes to, make a statement of what she expects
the evidence is going to be. If you want to, you can make an
opening statement. You don’t have to, because the burden of
proof is on the Commonwealth. You can make an opening statement
at the beginning of the trial or you can make it later in the
trial or you can make no opening statement. That’s, again, up to
you.
After the opening statement or statements – if there are any
– then the Commonwealth’s going to produce – present evidence.
He will listen to the evidence. If you wish to object, because
you feel something is not admissible under our rules of evidence,
you would just stand up and say the word “objection”. I’ll hear
from you. Then I’m going to give you the right to cross—examine
any witness who testifies against you.
Then the Commonwealth, when it’s done presenting the evidence,
the prosecutor will rest and it’ll be up to you to decide whether
you wish to present any evidence. You’re not obligated to do
that.
Again, the law doesn’t require a person to prove his or her
innocence. The burden is on the Commonwealth to prove that
someone is guilty and prove it beyond a reasonable doubt.
If you wish to present evidence and you’ll testify or produce
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whatever evidence you wish and the prosecutor will have a right
to cross—examine you. All I ask is that both parties just sort
of stay on point, be respectful, civil. The rules of evidence,
the rules of procedure, apply to both sides evenly, even though
you’re representing yourself, you’re still bound by the same
rules – your conduct of evidence in the law and the Commonwealth.
Do you have any questions about any of that?
MR. STEBBINS: No, Your Honor.
THE COURT: All right. Are we ready to proceed?
MS. JOHNSTON: Your Honor, I haven’t had a chance to
discuss this with the defendant, but I would assume – since he
wants the video to be shown – that we could stipulate that the
video would be shown in full?
THE COURT: Yes.
MS. JOHNSTON: Okay. And –
MR. STEBBINS: There are two parts of the video.
MS. JOHNSTON: There are two parts to the video: I’ll
intend to show both of them. I will do that in my case in chief.
And in addition, there are a number of photographs, which I
mentioned. It’s my understanding the defendant also wants those
introduced into evidence. So, if we could stipulate to all those
exhibits, that would move things along – I think.
THE COURT: All right. Is that a stipulation that you want
to make?
MR. STEBBINS: Yes, Your Honor.
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THE COURT: So those will go in as the Commonwealth’s
exhibits. We’ll have them marked and they’ll be in evidence by
agreement. Now, anything that you object to, again, we have a
basis in the rules of evidence for that, you just let me know.
(Indiscernible – individuals speaking simultaneously and speaking
away from the microphone at 10:22:00.)
THE COURT: I just sent our Clerk out, because I came in
without my trial notebook. I sent her to get it, but I’m going
to grab it. I’m going to step off the Bench for just one moment.
MR. STEBBINS: Okay.
(Judge stepped away from Bench at 10:22:53)
(Hearing resumes at 10:26 a.m.)
THE COURT OFFICER: Court is back in session, you may be
seated.
THE CLERK: Your Honor, I know we’re starting this trial,
but Attorney Nolan just came in, regarding a Mitchell – the
Mitchell case?
MR. NOLAN: I apologize – Morgan.
THE CLERK: The Morgan case.
THE COURT: All right, I’ll hear from you.
(Judge listening to Attorney Nolan from 10:26:48 through
10:32:48.)
THE CLERK: And we can readjust the matter of the
Commonwealth versus Richard Stebbins, Jr., docket 201323CR284,
Bench trial.
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THE COURT: All right. Both parties ready to proceed?
MS. JOHNSTON: Yes, Your Honor. I provided the Court, as
well as the defendant, with the Commonwealth’s witness list. The
Commonwealth would first call the victim in this matter, Ms.
Kishana Johnson.
THE COURT: Let me ask before we get there – do either side
wish to make an opening statement?
MR. STEBBINS: No, Your Honor.
THE COURT: Do you wish to waive it?
MS. JOHNSTON: Your Honor, at this point, I don’t think
it’s necessary. It’s pretty simple testimony. I think I’ll just
let my witnesses speak for themselves.
THE COURT: All right, go ahead. Come on up.
THE CLERK: Please raise your right-hand.
KISHANA JOHNSON, Sworn
MS. JOHNSON: Yes.
THE CLERK: Thank you, you may be seated.
THE COURT: (Indiscernible – speaking away from microphone
about another matter at 10:35:02 through 10:34:41.) Go right
ahead. The witness has been sworn, correct?
THE CLERK: Yes, Your Honor.
KISHANA JOHNSON, Previously Sworn
DIRECT EXAMINATION
BY MS. JOHNSTON:
Q Good morning. Could you please state your name and spell
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your last name for the record?
A Kishana Johnson, J—O—H—N—S—O—N.
Q Thank you, Ms. Johnson. Where do you live, Ms. Johnson?
A 6 Fuller Street, Chicopee, Mass.
Q And how long have you lived in the area?
A In Chicopee – um, off and on for three years.
Q And are you familiar with the Wal-Mart on Boston Road in
Springfield?
A I’m very familiar.
Q And on the date of January 16th, 2013, did you have an
occasion to be at that Wal-Mart in Springfield?
A Mm-hmm. I go to that Wal-Mart frequently.
Q Okay. And on that day, what were you doing that day?
A I was going – I was running to Wal-Mart real quick to grab,
um, an item.
Q Okay. And do you work?
A Yes, for the mental health association – at the time, I
worked at the mental health associating.
Q And you weren’t working that day?
A I was expected to go to work that day.
Q Later that day?
A Mm-hmm.
Q Okay. About what time were you headed to that Wal-Mart?
A Um, it was around – between 1:00 and 2:00. I don’t remember
the exact time, but I know it was the early afternoon.
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Q And what kind of a day was it that day, if you remember?
A Um, it was a snow day, so school was canceled.
Q Okay.
A It was, um, sleet and rain.
Q And upon your arrival, what did you do?
A Um, I pulled in as I usually do. I went to the aisle that I
usually park in. And, as I proceeded to stop to wait for another
car to come out --
Q Okay. So you were coming down a row of traffic?
A Mm-hmm.
Q A row of parked cars on either side?
A Parked cars and people walking.
Q Okay. And was there cars going in both directions in that
row of traffic?
A Mm-hmm. And people walking in both directions.
Q Okay. So there were pedestrians around?
A Mm-hmm.
Q And you were aware of all this going on around you?
A Yes.
Q Okay. So you said you stopped, is that right?
A Yes.
Q Okay. Why did you stop?
A I was waiting for the car that was backing out to move. I
was gonna take his spot.
Q Okay. And, while you were stopped or as you were stopping,
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did anything happen that drew your attention?
A Um, Mr. Stebbins began to hit my window.
Q Okay. So, if you can, where – and maybe -- I don’t want to
erase the board, Your Honor, but I would like to have her draw a
little diagram for me.
THE COURT: Well, I’m not sure if that – well, actually, it
can flip over. I’m not sure what’s on the to her side.
THE WITNESS: And what do you want me to draw?
MS. JOHNSTON: Your Honor, if I may have her stand to draw
the diagram?
THE COURT: All right.
BY MS. JOHNSTON:
Q Okay. It doesn’t have to be to scale, but sort of to the
best of your ability, if you could draw the row of parked cars,
which side your car was on and where this other car was. Just so
we get an orientation as to what was going on.
A This is the row that I’m coming out of.
Q Okay.
A These are all the cars.
Q Okay.
A My car was approximately right here.
Q Okay, why don’t you mark that A. So your car is A.
A Mm-hmm.
Q Okay.
A This is car B, coming out of the --
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Q Okay. And what is that car doing?
A It’s backing out.
Q Okay. And so –
A Well, it’s – it’s not backing out directly in front of my
car, but maybe, um, a little, it’s a little up. So this is the
car B, backing out –
THE COURT: I think there is an eraser there, Ms. Johnson.
THE WITNESS: Okay.
BY MS. JOHNSTON:
Q So, car B is backing out of its spot?
A Mm-hmm.
Q And what are you – what is your plan, in regards to car B?
A My blinker is on.
Q Okay.
A And I’m just waiting for him to back up, so I can pull in.
Q Okay. And at that time, you said Mr. Stebbins hits your
car. Where is Mr. Stebbins?
A He’s walking along this way, on this side.
Q Okay. And why don’t you put C – so that’s where he’s
walking. Okay. And where does he make contact with your car?
A The first time, he hits my mirror. Like, he punches it in.
And it – the mirror closes in.
Q Okay.
A Then he hits my, um, passenger side window.
Q Okay.
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A And my, um, passenger side door.
Q Okay.
A And he, um, the last time he banged, um, a jug of milk
against it.
Q Okay.
A The milk busted. And when he proceeded to go to the back,
he turned around and punched the back of the window.
Q Okay. All right, you can have a seat. Okay. Were you
alone in the car?
A Yes.
Q Okay. At what time did you notice – you said you’re waiting
to pull in, you have your blinker on – what time do you take
notice of Mr. Stebbins?
A As soon as he hit the car. I didn’t notice him until he hit
the car.
Q Okay. And you said he first struck the mirror. Did you
see, was it with his arm or his fist or?
A Um, I don't know if it was with his arm or fist, but I could
see, you know, his hand going. But, like I said, I was stopped,
so the snow and the rain was coming down on my windows.
Q Okay.
A So, I don't know if he hit it with his arm or his hand at
that time.
Q Okay.
A The first hit.
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Q And what happened as a result of that first hit to your car?
A I was shocked. So, I didn’t know what was going on. I
thought maybe it was an altercation with someone going on outside
of the car. I really didn’t know what was going on, until maybe
when he busted the jug of milk on – on to my car. And so now I’m
paying attention to him, because he’s hitting my car. And at the
same time, he’s yelling things. And, um, he proceeds to go to
the back and he busts the window out completely.
Q Okay. So, he first strikes the side window with either his
arm or his fist and then you take notice of him?
A Mm-hmm.
Q At this point, you said there was a jug of milk?
A Yes.
Q Okay. And what did he do with that jug of milk?
A He smashes it against my car.
Q Okay. And where is that on the car?
A On the same side that he’s on, on the passenger side door.
Q On the passenger side. And at this point, you said he’s
saying things – is he saying things to you?
A Yes.
Q Okay. What types of things is he saying?
A He’s yelling, “Black bitch, black bitch”. Just black bitch.
I was – I was still confused. I had no idea what was going on.
Q Okay. And is your window up or down at this time?
A They’re up.
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Q Okay. But you can hear him?
A Mm-hmm.
Q Okay. And then you said he walks to the rear of your car?
A Mm-hmm.
Q And at this point, explain exactly what happened now. How
are you – are you turned around, are you looking at --
A Now I’m turned around, my car is in park and I’m trying to
watch him to see where he’s going.
Q Okay.
A And he punches the back window completely out.
Q Okay. And do you see Mr. Stebbins in the courtroom today?
A Yes.
Q Okay. And where is he sitting?
A Right there.
Q Okay. To –
A Oh, to the – to the right of you.
Q Of me, okay.
A My left.
Q Okay. And what is he wearing?
A A black shirt.
MS. JOHNSTON: Your Honor, if the record could reflect that
this witness has identified the defendant in the courtroom?
THE COURT: All right, the record will reflect that
identification was made.
BY MS. JOHNSTON:
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Q Now, Ms. Johnson, had you ever met the defendant before?
A Never.
Q Okay. You never had any interactions with him prior to this
day?
A Never.
Q Okay.
MS. JOHNSTON: Your Honor, may I approach?
THE COURT: Yes, you may.
BY MS. JOHNSTON:
Q I’m placing a number of photographs in front of you. And as
we’re talking about them, we’ll just refer to them – they’ve been
marked Exhibit 2, Exhibit 3 through Exhibit 7. Okay? So, let’s
start with Exhibit 2. What is that a photograph of?
A My car.
Q Okay. And is that the way it appeared on that day?
A Yes. That’s, um, the police had me pull it into a spot. So
now the cars parked in a spot. This is after the incident.
Q After the incident.
A Mm-hmm.
Q Okay. Now we’re going to look at the Commonwealth’s Exhibit
3. What is that picture showing?
A That’s my mirror. And that happened, um, about two months
after I got my car. I’ve had my car for a year—and—a—half now.
Q Okay. And so that mark there, was that mark there prior to
the incident?
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A Mm-hmm. Yes.
Q Okay. But as a result of the incident, you said your mirror
flipped in, him hitting it?
A Yeah, just flipped in, like, you know, you can push your
mirrors in. They didn’t break or anything, it just flipped in.
Q Okay. This is the Commonwealth’s Exhibit 6. What does that
– what is that?
A That is the jug of milk and the milk, outside of the jug.
Q Okay.
A And, um, that’s his shirt he grabbed to wrap his hand up.
Q Okay. And when did that happen?
A Um, after he busted out the window, he proceeded to walk to
his car. And I was on the phone with the police. And I was
trying to get his license plate number, ‘cause I thought he was
going to leave. And, um, he told me that he would, um, he would
smash my skull if I didn’t get away from him. So I proceeded to
walk back and he started walking back towards that way, too. And
he dropped that.
Q Okay. And you said that was – you saw him with that jacket
and he --
A Yeah, he went to his car to get it.
Q Okay. And what had he done with that jacket?
A He wrapped it around his hand.
Q Okay. And did you see his hand?
A It was bleeding.
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Q Okay. And that was after he punched in your --
A Punched my window.
Q Okay. All right, this is the Commonwealth’s Exhibit 7. And
can you tell us what that is?
A Um, that’s the back of my car and the window busted out.
Q Okay. And what kind of a car do you have?
A An Acura MDX.
Q Okay. And you said you’d gotten it recently?
A Prior – a year prior to that.
Q And that damage that’s shown there, that was not – that was
not like that, prior to that day?
A No.
Q Okay. So that damage that we see there is the result of
what happened that day?
A Yes.
Q Okay. Now, you said you called the police, is that correct?
A Yes.
Q Okay. And at what point did you call the police?
A When he punched the back window out.
Q And what was your state – emotional state at the time that
this was going on?
A I was scared and shocked and, to be honest, like, I’m really
not a scared person and he had me really scared.
Q And was it – what was it that made you scared that day?
A Once he said that he would crack my skull.
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Q And when did he say that?
A When I was on the phone with the dispatcher, trying to get
his license plate number.
Q And you said he also made some statements prior to bashing
in the back window, is that right?
A He was calling me a black bitch. So, I didn’t know what he
was thinking or --
Q Okay. Okay.
MS. JOHNSTON: Your Honor, at this time I’d like to play
the video.
THE COURT: All right. Well, if you intend – I’m going to
ask you, Attorney Johnston, do you intend to ask this witness
questions about the video?
MS. JOHNSTON: Yes, Your Honor.
THE COURT: All right, go ahead. I’m going to have to step
down. My eyes aren’t what they used to be. Are you able to see
that, Mr. Stebbins?
MR. STEBBINS: Yes, Your Honor.
MS. JOHNSTON: And you can see it from where you are?
THE COURT: Ma’am, you can see it? You can come closer if
you’d like.
MS. JOHNSTON: And it is a – you’ll see, it’s a snowy day,
as she testified to.
THE COURT: What am I supposed to be looking at here?
MS. JOHNSTON: (Indiscernible – speaking away from
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microphone at 10:48:55) area over here. And there’s a second –-
(Video plays from 10:48:30 to 10:55:12.)
THE COURT: Is there something in this video that you want
to draw my attention to?
MS. JOHNSTON: Yes, Your Honor. I know the defendant
wanted to show both clips. That was the first clip. It took
place over here, I could show it again if you want to. The
second one is the better view, the second –-
MR. STEBBINS: I just want to – if you can see this --
THE COURT: Hold on, hold on. You have to back it up,
because I – whatever – if there’s something there that either or
both parties want me to see, I don’t think I can see it from this
distance.
MS. JOHNSTON: So, this is the victim’s car. I believe
it’s --
BY MS. JOHNSTON:
Q Do you see your car in this photo?
A That’s my car right there.
Q And do you see the defendant?
A (Indiscernible – speaking away from microphone at 10:56:02).
Q And the diagram that you drew on the board there, where is
that in this still frame here (indiscernible – speaking away from
microphone at 10:56:15).
A (Indiscernible – speaking away from microphone at 10:56:18.)
Q Okay. And at this point in the video, do you see – you
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marked a car B on the board – do you see that car that was – that
you were waiting for, that cars spot?
A So, like, I waited for the white car. The white car
(indiscernible – speaking away from microphone at 10:56:54).
Q Okay. And I know it’s hard to see here, but at this
point --
A (Indiscernible – speaking away from microphone at 10:57:25.)
Q Okay. So this is the white -- what car is this here?
A This is the car that I let go by.
Q Okay. And your car is where?
A On the side of the white car.
Q Okay. And at this point, where is the defendant? I know
there’s some moisture in the way.
A About right there. There’s other people that’s walking
through, but he’s like on the side of m car, but you can’t see
him.
Q Okay. So, at this point, if you can, just tell us what’s
happening right at this point?
A (Indiscernible – speaking away from microphone at 10:58:27.)
Q And did you see anything in that video there?
A (Indiscernible – speaking away from microphone at 10:58:32.)
Q Okay. And the defendant is where at this point?
A Walking.
Q At this point – unless the defendant has an objection – I
would play the other clip. It’s a little bit clearer. I believe
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it’s the next camera over. Now, at this point, does your car
come into view?
A Mm-hmm.
(Indiscernible – speaking away from microphone at 11:01:50.)
Q Okay. So, you’ve seen that video now. Is that video an
accurate representation of what happened that day?
A Yes.
Q Okay. And I know it wasn’t totally clear, but you – on the
video, you saw the defendant enter the screen, is that correct?
A Yes.
Q Okay. And you mentioned the milk jug that struck the car.
That was – you saw that in the video as well?
A Yes.
Q Okay. And what was the defendant’s demeanor towards you –
what was his emotional --
A Real aggressive.
Q And how did – how did that come across? Was it through
words or actions?
A His words, like telling me he was gonna smash my skull, him
yelling when he was punching the window. You can’t see him
punching the window or yelling, but --
Q And after you stopped the car, did you remain in the car or
what did you do after that?
A I stopped the car. I was in the car for a second – as you
can see. I got out: I got back in my car. I’m on the phone with
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the police. And, um, I only walked that way to see, like, the
dispatcher said, to see if you could, um, see his plate from
there. So, I walked, like, I’m walking on this side, his cars
parked on that side, to try to see. He walks back up towards me.
Q Okay. And what was his demeanor like at the time?
A He was still angry and he had his whatever, the shirt,
wrapped around his hand. He was still angry, he was still
swearing, calling me a black B.
Q And did you see any injuries on his hand?
A Before he wrapped his hand, it was bleeding.
Q And again, you said you were -- at the time that he punched
your window, were you still driving or had you stopped?
A I was stopped from the third time he punched my window. I
was parked.
Q You had put the car in park and left it?
A Mm-hmm. And as you can see in the video, like, I jerk a
little bit, ‘cause I put my car in drive to move away when he
punched the window.
Q And did you have to have your vehicle repaired as a result
of this?
A Yes.
Q Okay. Have you gotten it back yet?
A Yes.
Q Okay. And there was damage done to the vehicle that – as a
result of this offense?
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A Yes.
MS. JOHNSTON: Nothing further, Your Honor.
THE COURT: All right, you may cross—examine.
CROSS-EXAMINATION
BY MR. STEBBINS:
Q You just stated that your vehicle is at a stop, when your
car came in contact with my body, but the video clearly shows
that that’s not the case. It actually shows that you
accelerated. Could you be mistaken about this incident?
A No, not at all. And it doesn’t look in the video that I
accelerated, until when I was driving away from you.
Q If we could replay the video --
A We could replay it.
Q -- it’ll show you clearly accelerating towards me. Your
car was in the middle of the aisle. And it shows you veered
towards me. If you saw me, why didn’t you stop?
A I didn’t see you.
Q So, now you’re stating you didn’t see me?
A Until you hit my window.
Q But your car was still moving – in the video, it shows your
vehicle still moving when my body and your vehicle made physical
contact.
A Not until the third time you hit my window – I stopped.
Q Would you like me to replay the video and show you?
A You can play it.
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THE COURT: What’s the -- let me just back you up for a
second, Mr. Stebbins. The question is exactly what?
MR. STEBBINS: She stated that her vehicle was at a stop
when she claimed I attacked her vehicle. The video clearly shows
that her vehicle was accelerating.
THE COURT: Is that your testimony, ma’am?
THE WITNESS: My – my vehicle was at a stop after – after
the third time he hit my vehicle, my car was parked.
THE COURT: After the third time he hit your vehicle,
meaning what? When he was at the rear of the vehicle or some
other place?
THE WITNESS: On the side of – on the side – on the
passenger side. Like, once the milk –
THE COURT: Your question -- just one second -- your
question is when whatever contact was made in the first instance,
was the vehicle stopped or moving – is that your question?
BY MR. STEBBINS:
Q When the first contact was made between your vehicle and my
body, was it moving?
A The first contact – you’re saying that I ran you over and
I’m saying that I didn’t, so you hit my car and I was waiting for
someone to come out. My vehicle wasn’t moving at the time, but I
was getting ready to --
Q So you’re saying your vehicle was stopped?
A It wasn’t in a complete stop.
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Q Your vehicle was stopping --
A It wasn’t a complete stop.
Q So, you weren’t stopped, but you saw me?
A I didn’t see you, until you hit my window.
Q Your vehicle was still moving, but you didn’t see me and
then contact was made?
MS. JOHNSTON: Objection, Your Honor. If he could ask just
one question at a time and allow her to answer.
THE COURT: That’s sort of a compound question, different
things. Just ask one question at a time. It’ll be sustained.
BY MR. STEBBINS:
Q So, you’re vehicle was moving, correct?
A I was --
Q Before the incident?
A Before the incident, I was getting ready to come to a
complete stop. That’s why, in the video, you really can’t see my
car moving – like you say – as much as your body was moving. And
when – once you hit the mirror, I’m looking, but I’m not still
driving, because I’m looking, but my car is still in drive, which
I told Ms. Johnson.
And then, when you hit my window after the third time, my
car went into park. So, no, I wasn’t driving, but my car was in
drive.
Q So, your car – so your car was not moving --
A No.
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Q -- when we made contact?
A No. I didn’t hit you.
MR. STEBBINS: Could I play the video again, Your Honor, to
show that the video – the vehicle was moving, while this was
happening – to show her that there’s some discrepancy between her
statement.
THE COURT: This is a cross-examination, so if you have a
question and you want to use the video to ask the question, you
may.
MR. STEBBINS: Thank you, Your Honor.
BY MR. STEBBINS:
Q So, in your opinion, you were slowing down when this
happened?
A Correct. I was already slowing down, because I was letting
another car come out and go by.
Q Your vehicles slowing down --
THE WITNESS: Your Honor, can I stand back up?
THE COURT: Yes, if you need to.
THE WITNESS: (Indiscernible – speaking away from
microphone at 11:09:55.) Now I’m driving, but I’m – I’m
stopping, because I’m gonna turn into this spot next to the car
that came out. You hit my car and that’s when I started driving
again. And this – can you see when I started driving in, you can
tell, like, I had to put the car in drive, I tried to get away.
(Indiscernible – speaking away from microphone at 11:10:26.)
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BY MR. STEBBINS:
Q And you claim to have seen me punch the rear windshield.
Could you display that for the Court – describe it and --
A Okay.
Q Just to show the Court how I did it.
THE COURT: You can go back to your seat.
THE WITNESS: Once you hit the window for about the third
time, after the milk, you went to the back. Now, this time –
now, at that point, I’m watching your every move. You went to my
back window and you punched the whole back window out, with your
complete fist. I seen it.
MR. STEBBINS: Okay. I have no questions, this was
perfect. I have no further questions, Your Honor.
THE COURT: All right, you can have a seat. Go ahead,
anything else for this witness?
MS. JOHNSTON: Nothing further for this witness, Your
Honor.
THE COURT: All right, ma’am, you can step down.
(Witness excused.)
THE COURT: Anything else from the Commonwealth?
MS. JOHNSTON: Yes, Your Honor. The Commonwealth would
call Officer Thomas Sheehan.
THOMAS SHEEHAN, Sworn
MR. SHEEHAN: I do.
THE CLERK: Thank you.
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DIRECT EXAMINATION
BY MS. JOHNSTON:
Q Good morning, Officer. Could you please state your name and
spell your last name for the record?
A My name is Thomas Sheehan. The last name is spelled S-H-E-
E-H-A-N.
Q And how are you employed, Officer?
A I’m a police officer for the City of Springfield.
Q How long have you been employed in that capacity?
A About 28 years.
Q And did you receive special training to become a police
officer?
A Yeah, the police academy.
Q And throughout your 28 years, have you continued to receive
training?
A Yes. In—service training.
Q And on January 16th, 2013, were you working that day?
A Yes, I was.
Q Okay. And what shift were you working?
A Uh, the 8:00 to 4:00 p.m. shift.
Q And were you in uniform that day or plainclothes?
A Yes, uniform.
Q And were you driving a cruiser?
A Uh, I was a passenger.
Q Okay. But you were in a cruiser?
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A Yes.
Q Okay. And at some point during your shift, were you
dispatched to the Wal-Mart on Boston Road in Springfield?
A Yes, I was.
Q Okay. And what were you dispatched there for?
A It was for a woman who had her, uh, rear windshield smashed
out on a motor vehicle.
Q Okay. And if you remember, approximately what time did this
take place?
A Uh, just about two o’clock in the afternoon.
Q Upon your arrival at the Wal-Mart, did you find the people
involved in this call?
A Yes, I did.
Q Okay. And how were you able to find them?
A Uh, I observed the motor vehicle with the back window
smashed out.
Q And if you remember, what make and color was that car?
A It was an Acura, I think a 2003 Acura, MDX, color, white.
Q And so upon arrival, you could see the damage that had been
done to that car?
A Yes. The back window was completely smashed out.
Q Did you make contact with anyone at the scene?
A Uh, the victim initially, Kishana Johnson.
Q And what was her state of mind at the time?
A She was upset, crying.
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Q And did you make contact with the defendant at the time?
A Uh, not initially.
Q At some point during the call did you come in contact with
the defendant?
A Yes.
Q Okay. And what was your interaction with him?
A Uh, we placed him under arrest.
Q And what was his demeanor at the time?
A Uh, it appeared that maybe he was under the influence of
something or had some type of mental issue.
Q And why do you say that?
A He had a strange look in his eye.
Q And what other types of actions or behaviors was he
exhibiting?
A That was pretty much it.
Q Okay. Was he happy?
A What’s that?
Q Was he happy?
A Uh, kinda belligerent.
Q And this damage that you observed -- if I could approach,
Your Honor -- I’m showing you the Commonwealth’s Exhibit 2 – do
you recognize that photo?
A That’s a picture of the victim’s car.
Q Okay. And when you arrived it was – was it parked?
A Yes.
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Q Okay. And this is the Commonwealth’s Exhibit 7. What is
that a photo of?
A Uh, that’s also a picture of the victim’s car. And the –
the back windows smashed out.
Q Okay. And this is the Commonwealth’s Exhibit 5. What is
that a photograph of?
A That’s the glass in the road.
Q Okay.
A Or in the parking lot.
Q Okay. And at the time that you got there, where was the car
– the victim’s car?
A In a parking space.
Q Okay. And where did you observe the glass in the
Commonwealth’s Exhibit 5?
A Uh, it was back in the parking lot, um, where the, uh,
incident took place.
Q Okay. And the Commonwealth’s Exhibit 4, what do you see in
that photograph?
A Uh, that’s a picture of the empty milk jug.
Q Okay. And where was that found?
A Uh, right near where the incident occurred.
Q Okay. And where was that in relation to where the broken
glass was found?
A Uh, the broken glass would’ve been over here, a little more.
Q Okay. And so, off to the side of the vehicle you found – or
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where the vehicle would’ve been, when you found it?
A Yes.
Q Okay. Okay. And did you notice any injuries that the
defendant had sustained?
A He had a cut on the back of his right—hand.
Q And could you describe that cut in a little more detail?
A It was a straight line cut across the back of his hand here.
MS. JOHNSTON: May I approach, Your Honor?
THE COURT: Yes, you may.
MS. JOHNSTON: Your Honor, if I may mark another exhibit
(indiscernible – background noise at 11:17:09) has no objection.
THE COURT: All right. Is there any objection to this?
MR. STEBBINS: No, Your Honor.
THE COURT: All right, you can mark that as your next
exhibit.
THE CLERK: Eight?
MS. JOHNSTON: Yes.
THE COURT: Mark it Exhibit 8.
(The Clerk marked the series of photographs as the Commonwealth’s
Exhibit No. 8.)
BY MS. JOHNSTON:
Q Okay. I’m placing the Commonwealth’s Exhibit 8 in front of
you. Do you recognize this series of photographs?
A It’s my understanding that those are his, uh, mug shots and
injury photos.
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Q Okay. And in this photo here on the bottom right, is that a
fair and accurate representation of the way the defendants hand
appeared that day?
A Yes. That depicts the small cut on the back of his hand.
Q Okay. And you said that the defendant was placed under
arrest, that’s correct?
A Yes.
Q Okay. And was – what happened after he was placed under
arrest?
A He was transported to the police station for booking.
Q And was he searched?
A Yes.
Q Okay. Was there – did you find anything as a result of that
search?
A He had knife – a knife tucked into his waistband. That was
at the time we cuffed him.
Q And again, you said at the time his demeanor, I believe you
said was belligerent?
A Yeah. I don’t recall what he was saying. He was unhappy
that he was getting arrested.
Q Okay.
A He kinda resisted initially, tightened up.
MS. JOHNSTON: Nothing further for this witness, Your
Honor.
THE COURT: All right, you may cross—examine.
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CROSS-EXAMINATION
BY MR. STEBBINS:
Q (Indiscernible - cannot understand) at 11:19:04) you
questioned the victim and then placed me under arrest, did you
ever question my side of the story?
A No.
Q Was there a reason that you didn’t question my side?
A I talked to two witnesses.
Q And then did you see the video?
A Yes.
Q And after you saw the video, you still felt no need to
question me?
A No.
Q And you’d indicated that you’d searched and found a knife on
me.
A Yes.
Q You actually searched and found that?
A Yes.
Q It wasn’t offered to you?
A Uh, I asked you if you had weapons and you said, yes, you
had a knife on you.
Q And you said that I felt like I had tensed up.
A Yes.
Q That wouldn’t be because of the injuries I received because
of this incident, would it be?
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A I have no idea.
Q Did I indicate to you – at any point in time – that I was
injured?
A Uh, in the drive in, yes.
Q Did I receive medical attention for that?
A Yes, you were allowed to, uh, wash your hand.
Q And that’s all I was allowed to do?
A Yes.
Q So, I wasn’t allowed to see a doctor?
A That was the only complaint is that you had a injury to your
hand.
MR. STEBBINS: No further questions, Your Honor.
THE COURT: All right. Any redirect?
MS. JOHNSTON: Just briefly, Your Honor.
REDIRECT EXAMINATION
BY MS. JOHNSTON:
Q You indicated there were other witnesses at the scene?
A Yes. Dashana Brown (phonetic).
Q And you said your reason for arresting the defendant was
that they confirmed the account that the victim gave you?
A Yes. Yes.
Q Okay.
MS. JOHNSTON: Nothing further, Your Honor.
THE COURT: Anything else for this witness?
MR. STEBBINS: No, Your Honor.
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THE COURT: All right, you can step down, sir.
THE WITNESS: Thank you.
(Witness excused.)
MS. JOHNSTON: The Commonwealth rests, Your Honor.
THE COURT: All right. Mr. Stebbins, the Commonwealth has
presented its evidence. Do you wish to present any evidence in
this case?
MR. STEBBINS: I have my statement from that day – I could
read it.
THE COURT: Well, you can testify.
MR. STEBBINS: I’ll testify.
THE COURT: If you wish.
MR. STEBBINS: Yes.
THE COURT: And you’ll be cross—examined by the
Commonwealth.
MR. STEBBINS: Yes.
THE COURT: And as I said at the beginning, it’s the
Commonwealth’s duty to – burden – to prove you’re guilty. You’re
not obligated to testify or provide evidence but you can
obviously if you wish to.
MR. STEBBINS: Yes, Your Honor, I’d like to.
THE COURT: You do wish to testify – all right. You can
come up here and take the witness stand.
RICHARD STEBBINS, JR., Sworn
MR. STEBBINS: I do.
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THE CLERK: Thank you.
THE COURT: Go right ahead.
MR. STEBBINS: On Wednesday, January 16th at approximately
2:03 --
MS. JOHNSTON: Objection, Your Honor.
THE COURT: Yes. Sir, you just have to testify. You’re
really not allowed to read from --
MR. STEBBINS: Just to read it – all right.
THE COURT: This is a statement you made in the past.
MR. STEBBINS: All right, that’s fine. No, this is
something I just wrote myself. This is what happened. I can –
well, I’ll do video.
I was walking out of Wal-Mart. It was obviously a – a terrible
day. There’s rain and sleet and the grounds were icy. I was
walking, looking down. When I approached the aisle that the
alleged victim was driving towards, I looked up, I saw the
vehicle backing out. I moved towards the left side of the lane,
because that’s where my car was parked. And I saw her in the
middle of the aisle.
So, I looked back down, with no concern to think I was gonna
get hit by a car. I kept walking, looking down, because – as
your photos indicate – there’s trash and ice on the ground, in
the area where I was struck. Out of nowhere, I was struck by the
vehicle. The vehicle didn’t stop. I started to slip and the
right – the right rear tire of the vehicle stopped on my right
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foot.
I ran screaming. I swung the milk jug at the car – “Move
your car, you’re on my foot”, screaming. The milk jug had went
flying. And as I was able to pull my foot free, I’d slipped on
the ice. And when I fell, I cracked the window with my elbow and
it had broken. When I looked through the window, the driver was
on her cell phone talking. I didn’t believe the driver at any
point had saw me. At this point, I didn’t know.
And then when she got her – out of the vehicle, I backed
away. I’m like, “I’m not fighting. Call the police”. ‘Cause I
didn’t mean to break the window, but she was on my foot. And I
would – I thought I’d gotten hurt. I mean, the vehicle struck me
as I walking by and then stopped on my foot. And then, before
I’d started walking, she was in the middle of the aisle. So, at
some point, she drove towards me – as the video showed – she
drove at me. I wasn’t walking towards her vehicle. She drove
towards me.
I don't know where this malicious intent came from? I never
saw the vehicle strike me.
MS. JOHNSTON: Objection, Your Honor.
THE COURT: Overruled.
MR. STEBBINS: I never saw the vehicle strike me.
THE COURT: Overruled.
MR. STEBBINS: It just hit me and then she kept driving and
then stopped on my foot. And then, in my attempt to free my
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foot, I accidentally shattered her windshield, with my elbow. At
no point did I ever punch the window. And the – I believe the
video shows I didn’t swing my fists like that. Even as I was
walking away, it shows me moving my arm, because I had hit it
with my elbow. There was no swelling or indication on my
knuckles that I’d punched anything, because I didn’t.
I believe I’m done. I don’t have anything else.
THE COURT: All right. You may cross—examine.
MS. JOHNSTON: Thank you.
CROSS-EXAMINATION
BY MS. JOHNSTON:
Q So, Mr. Stebbins, it’s your testimony that you accidentally
broke this rear windshield?
A Yes.
Q Okay. And that at the time you did that, you were somehow
trapped under the car?
A The pictures of the car show that the wheel base of it –
that the rear wheel is close to the rear of the – the vehicle.
My foot was underneath. The side of my right foot, my sneaker
had been caught, underneath the tire.
Q And it’s your testimony that you did not yell anything at
this driver, while she was --
Q I yelled, “Move your car, you’re on my foot”. And I was
screaming at her. There was no misunderstanding when I was
screaming.
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Q And you – it’s your testimony that you did not make any
racial comments to her?
A Up until this point, I had no idea what color or even sex
the driver was – I had no idea.
Q But you were right at the side there – you said you could
see her on her cell phone?
A The person was on a cell phone.
Q But you couldn’t see --
A I didn’t have time to identify the person.
Q But –
A The person – I saw a phone in their hand, I’m like, this
person just hit me and they’re on their cell phone. I was in
shock, ‘cause I thought I was just kinda hurt. Like, I – they
ran over my foot.
Q Okay.
A It hit me – the mirror hit my bicep, causing nerve damage,
which I have proof of. And then ran over my foot.
MS. JOHNSTON: Your Honor, I’d move to strike his testimony
about the proof that he has as to any damage that was sustained.
THE COURT: All right. Well, that would be unresponsive to
the question among other things, so the comment about I have
nerve damage, there is no evidence of that, it’s not responsive
to the question that was asked.
THE WITNESS: Okay.
THE COURT: So that’ll be stricken.
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BY MS. JOHNSTON:
Q So, you saw a cell phone in hand, yes?
A Yes.
Q Okay, but it’s your testimony that, despite seeing that, you
didn’t know the race of this person?
A I made no attempt to approach or identify the person. I
backed away, because – since the window shattered, I didn’t wanna
intimidate a witness –--
Q Just a yes or no is fine. So you didn’t see the race or the
--
A No.
Q -- ethnicity of this person?
A The headrest was blocking the head.
Q You saw the hand?
A Yes.
Q Okay.
MS. JOHNSTON: Nothing further, Your Honor.
THE COURT: All right. Anything else?
MR. STEBBINS: No, Your Honor.
THE COURT: All right, you can step down.
(Witness excused.)
THE COURT: And you have no other witnesses or other
evidence you wish to introduce?
MR. STEBBINS: (No audible reply.)
THE COURT: All right, so the defendant rests at this
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point?
MR. STEBBINS: Hmm?
THE COURT: You’re resting at this point?
MR. STEBBINS: Yes, Your Honor.
THE COURT: All right. If you wish to make a closing
argument, you can do that and then I’ll hear from the
Commonwealth. You just need to stand up for this part.
CLOSING ARGUMENT FOR THE DEFENDANT STEBBINS
MR. STEBBINS: The video – the video speaks for itself.
And the video shows the victim – alleged victim – driving through
the parking lot. She’s in the middle of the aisle. She swerves
towards me, the defendant, in an attempt to – I don't know, try
to get by them faster, hits me. She stopped on my foot. In my
attempt to free myself, hollering, “Move your vehicle, you’re on
my foot”, the milk jug did break on the side of her car and went
flying.
And then as I was able to pull my foot free, I stumbled and
smashed her rear windshield. Not intentionally. I backed way
from her, swinging my arm, ‘cause my arm had hurt from the
initial impact from the mirror. And then I – I yelled at her,
I’m like, “Call the police, I’m not fighting with you”. I made
no attempt whatsoever to intimidate the witness. The video
clearly shows me backing away from her. And then I walked to my
vehicle and placed my remaining groceries in the car. And then I
grabbed a fishing vest that I had to stop the bleeding of my
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hand. Because the initial impact of the vehicle had caused the
milk jug to break in my hand and that’s what cut me.
And I received no other injuries from slamming the milk jug
against the side of the car, my elbow hitting the rear
windshield, in my attempt to free myself. That’s all.
THE COURT: All right. Thank you. Attorney Johnson.
MS. JOHNSTON: Thank you, Your Honor.
CLOSING ARGUMENT FOR THE COMMONWEALTH
MS. JOHNSTON: Your Honor, you heard testimony from both,
the victim in this case, Ms. Kishana Johnson, as well as an
officer of the Springfield Police Department who has been a
member of that department for over 28 years. You heard testimony
from the witness, Your Honor, that as she came to a stop, she
noticed the defendant as he hit her side mirror. That he then
continued down the side of her car, slamming his fists and the
milk jug, which then flew. At this time, Your Honor, she said
she put the car in park. That she turned around to now take
attention to this defendant who, at the time by her testimony,
was making racial slurs at her. That he had noticed her race and
ethnicity at this time and that he was making statements to her
to – that were hostile towards her.
At this time, Your Honor, she watched this defendant take
his arm and slam it through the rear of her vehicle, causing the
damages that you have seen to her rear window. That the glass
was shattered around the parking lot and the photos of the
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defendant’s injuries as a result.
You heard from this victim. She testified that she was scared.
She was upset by this. That the defendant was very angry,
aggressive and assaultive towards her. And that after getting
out of her car, she parked, there were other people around. And
she remained away from this defendant, because she was fearful
after this incident had taken place.
You also heard, Your Honor, from Officer Sheehan. Upon his
arrival at the scene, he testified that he wasn’t sure what was
going on with the defendant. He thought he might be either,
under the influence or have some sort of mental issue, as he was
acting odd. And that his characterization of the defendant at
the scene was that he was belligerent.
His view of the evidence is consistent with the testimony of the
witness in this case, the damages that you saw, the injuries that
he sustained. The officer testified that, upon arrival, this
victim was hysterical, that she was crying and upset. And that
was as a result of this incident that had just taken place with
Mr. Stebbins.
As a result, Your Honor, the defendant was charged malicious
damage to a motor vehicle. As Your Honor knows, that requires
the Commonwealth to prove that this defendant did injure or
destroy a motor vehicle, belonging to another person. And more
importantly, that he did so with malice. I don’t think there’s
any question that it was a motor vehicle, that there was damage
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done, leaving us with the remaining question of whether it was
done with malice.
To show that, Your Honor, the Commonwealth needs to prove
that there was some sort cruelty, hostility or revenge. It does
not need to prove that this defendant knew who this victim was.
So, all that’s left is, was there cruelty, was there hostility,
was there some revenge act going on here? I think there’s
credibility testimony from the witness and corroborating
testimony from Officer Sheehan that this defendant was hostile
and acting in a cruel manner towards this witness through – this
victim, excuse me – throughout their interaction. And that the
Commonwealth has sustained it’s burden in that respect.
As to the disorderly conduct, Your Honor, again, that would
require us to prove that this defendant engaged in some sort of
threatening behavior or some sort of violent or tumultuous
behavior or created some sort of physical – psychically offensive
situation that didn’t serve any legitimate purpose. I think the
Commonwealth could sustain its burden on any three of those
theories of disorderly conduct.
His threatening behavior, his racial remarks that he was
making towards her, you heard the witness say that, after this
happened, he said he would crack her skull. He called her
numerous things throughout that Your Honor heard. In terms of
his violent, tumultuous behavior, I think that same evidence
supports that, in addition to the actual malicious act of
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breaking out her back window.
And finally, I can’t think of any legitimate purpose for his
actions. Your Honor, even if you were to believe the defendant
that he had been struck by the car or something to that effect,
that does not give him a legitimate purpose to then break in her
windshield. In fact, that would further support that this was
done in revenge if Your Honor did view the evidence in that way.
However, Your Honor, I believe the Commonwealth has met its
burden. We would ask you to find the defendant guilty of both,
the charge of malicious damage of a motor vehicle and the
disorderly conduct, based on the testimony of the witnesses.
The video you’ve seen, Your Honor. It is hard to see,
however, I believe it supports the witnesses version of the
events and the evidence before you, Your Honor, I believe also
supports both, the victims account of the story and what the
officer arrived upon seeing – excuse me – saw upon arrival. And
as a result, Your Honor, the Commonwealth would request that you
enter a finding of guilty as to both counts. Thank you.
THE COURT: All right. I’d like to – do you have the
video, Exhibit 1, has that been given to our Clerk?
MS. JOHNSTON: They haven’t been marked.
THE COURT: That was introduced as an exhibit, correct?
MS. JOHNSTON: Yes.
THE CLERK: The Commonwealth’s exhibit.
THE COURT: We’ll mark that and I will take that exhibit,
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as well as the other exhibits and we’ll take a short recess and
I’ll come back.
(Court recessed at 11:34 a.m.)
(Court reconvened at 12:36 p.m.)
THE COURT OFFICER: Court is back in session, please be
seated.
THE CLERK: We’re back on the record, Your Honor, the
Commonwealth versus Richard Stebbins.
THE COURT: All right. Thank you for your patience. I
wanted to review the video again, not great quality, but on a
smaller screen, to see if there was anything that I was missing
or anything there that I hadn’t seen in the courtroom. So, thank
you for waiting. Two computers the court has didn’t work with
that video.
VERDICT
THE COURT: All right. After considering all the evidence,
I find the Commonwealth has met its burden. And I find, Mr.
Stebbins, that you are guilty on counts one and two of this
complaint.
I find that Ms. Johnson – you didn’t set out that day to do
this, but you were walking along and I – it’s clear to me –
perhaps Ms. Johnson wasn’t looking where she should be looking.
And the direction of her vehicle is toward you and that there was
– I credit part of your testimony – there was some contact
between the two. But I also find that there’s really no doubt,
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no reasonable doubt that your response to that was just do
exactly what she indicated, which was to smash her rear window
and that that was done with malice. The Commonwealth has met
that burden of proving that.
And with the count of disorderly conduct, by that conduct,
that amounted to disorderly conduct. I’ll hear from the
Commonwealth with regard to sentencing.
MS. JOHNSTON: Thank you, Your Honor. Your Honor, as to
count one, the Commonwealth – given your finding of guilty – is
requesting a split sentence.
You heard the facts before you, Your Honor. You heard the
testimony from the victim. This was a very scary event for her.
You heard the statements that were made. I believe she stated
that he called her a “Black bitch” several times. And that in
the wake of the events, said that he would “crack her skull”,
Your Honor.
You also heard from the officer that he seemed belligerent
and that he believed there either had to be, maybe a drug problem
or some sort of mental health issue in his interaction with him.
And that he had a knife on his person at the time.
In this regard, Your Honor, given those facts, the Commonwealth
is requesting a one year sentence, six months to be served
directly, while on probation for the second period, Your Honor,
suspended for a year.
We would request that he get some anger management help.
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And additionally, that he have a mental health evaluation. This
conduct is not justified in any way, given the violent nature of
the conduct, given the hostility that he showed towards this
woman, who was just going about her day that afternoon, the
Commonwealth feels that this is an appropriate recommendation.
I understand the defendant has almost no record before the Court.
However, I will note that he does have several restraining
orders, one that looks like it was in effect for four years or at
least a period of time was granted for four years. That in
itself does show that there is some record of some sort of
aggressive nature, in people seeking the courts help in helping
to quell that nature – that aggressive nature towards them.
As a result, Your Honor, that is the Commonwealth’s request
at this time, a six month sentence served directly, a six month
sentence to be suspended for an additional year and that the
defendant does get some anger management as well as a mental
health evaluation.
Additionally, Your Honor, I would state that there will be
restitution owed. At this point, we don’t know what that
restitution is, so we would ask that, in addition, that a
restitution hearing be set, so that the victim can provide that
restitution info. As I understand, it is a mandatory restitution
under the statute.
THE COURT: Why don’t we know that?
MS. JOHNSTON: She doesn’t have an invoice at this point,
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Your Honor. I believe prior to today, she did reach out and try
to make a phone call this morning, to get the value, but I don’t
think at this point we have that number.
THE COURT: All right. Mr. Stebbins, you have a right to
be heard as to what you think I should do, with regard to the
punishment having been found guilty.
MR. STEBBINS: I have no violent history. I work at a
pediatrics office as a medical assistant.
THE COURT: Mm-hmm.
MR. STEBBINS: I’m not a violent person. And I – I didn’t
attack the vehicle. I still don’t have any anger towards the
driver for the accident that happened. I believe at the time it
was an accident, from the statement that I wrote. I believed it
was a complete accident. And the windshield smashing, I didn’t
do it on purpose, but she was on top of my foot.
THE COURT: Mm-hmm.
MR. STEBBINS: And the video doesn’t show the other angle.
The fact that I’m found guilty, I – it boggles my mind. I don’t
-- well, maybe I shouldn’t have rushed this and got a jury. I’m
gonna fight this charge to get it off my record. I can’t have
this on my record working in a – as a medical assistant in a
pediatric with children every, single day.
THE COURT: Well, you do have a right to appeal this
decision --
MR. STEBBINS: I’m going to. I have no other choice.
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THE COURT: -- on the issues of law to a higher court.
That is your right. And you may want to talk to a lawyer about
that – the issue. I can’t – I explained your rights to you.
MR. STEBBINS: I understand.
THE COURT: You wanted to go forward on your own, without a
lawyer, which is absolutely your constitutional right, but you
run certain risks in doing that as well as your choice to have
this before a Judge or a jury. I’ve made my findings.
With regard to -- anything from probation?
PROBATION: Judge, I would just agree with the District
Attorney’s office, regarding the mental health portion and anger
management (indiscernible – speaking away from microphone at
12:42:37.)
THE COURT: Mm-hmm. All right. What I’m going to do here
is this, Mr. Stebbins. I’m going to place you on probation for
one year. I will require that you’ll have to complete the anger
management counseling program. You’ll have no contact with Ms.
Johnson – you stay away from her. Restitution, I’ll give the
Commonwealth ten days to provide any evidence, if they’re seeking
restitution, what would be the cost to repair the window. So,
ten days from today would be --
MS. JOHNSTON: That would be May 10th, Your Honor.
THE COURT: May 10th we’ll make it. So, you’ll have to be
here on May 10th on that issue. And you’ll provide to Mr.
Stebbins, a copy of any invoice that you seek to introduce as the
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cost of repair, because the statute does require restitution.
MS. JOHNSTON: And, Your Honor, I will – I actually am in that
session next week, so we could put it – I’m in Courtroom 4 and
I’m in there that – assigned to that session.
THE COURT: Well, you’ll go wherever I am, I think.
MS. JOHNSTON: Oh, okay. Understood, Your Honor.
THE COURT: It has to go before me, so wherever I am,
that’s – you’ll ask and you’ll be here for that. There are some
– count two will be guilty and I’ll file that charge. That’ll be
filed for 30 days.
THE CLERK: Yes, Your Honor. June 3rd.
THE COURT: I’m required to impose a $90 victim/witness fee
and a $50 per month probation supervision fee. This document
right here, Mr. Stebbins, lays out all these conditions. You
need to review this with probation and you’ll have to sign it
before you leave.
And again, there are time limits on any appeal. If you wish
to take an appeal to a higher court, if you think there’s been an
error (indiscernible - cannot understand at 12:44:45) you should
probably consult with a lawyer about that and make sure your
rights are – all of your rights are protected.
THE CLERK: Your Honor, how much time for the $90
victim/witness?
THE COURT: We’ll give Mr. Stebbins 30 days to pay that.
Actually, I’ll make it 60 days to pay that.
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THE CLERK: July 1st?
THE COURT: To July 1st. All right.
PROBATION: Judge, did you want the mental health or --
THE COURT: No – anger management. I checked anger
management.
PROBATION: Okay, I’m sorry. I didn’t see that. Thank
you.
THE COURT: All right, thank you.
MS. JOHNSTON: Thank you, Your Honor.
THE COURT OFFICER: All rise.
(Court adjourned at 12:45 p.m.)
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The Commonwealth of Massachusetts
OFFICE OF COURT MANAGEMENT, Transcription Services
AUDIO ASSESSMENT FORM
For court transcribers: Complete this assessment form for each volume of transcript
produced, and include it at the back of every original and copy transcript with the certificate
page, word index, and CD PDF transcript.
TODAY’S DATE: May 7, 2014 TRANSCRIBER NAME: Raymond F. Catuogno, Sr.
CASE NAME: Commonwealth v Richard Stebbins, Jr. DOCKET NUMBER: 1323CR0284
RECORDING DATE: May 1, 2013 TRANSCRIPT VOLUME: 4 OF 6
(circle one) TYPE: CD TAPE QUALITY: EXCELLENT GOOD FAIR POOR
(circle all that apply) ISSUES (include time stamp):
background noise time stamp:
low audio
low audio at sidebar
simultaneous speech 10:22:00
speaking away of microphone 10:35:02/10:48:55/10:56:01/10:56:15
10:56:18/10:56:54/10:57:25/10:58:27
10:58:32/11:01:50/11:09:55/11:10:26
11:17:09/12:42:37/12:44:45
Cannot understand 11:19:04
COMMENTS:
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COMMONWEALTH OF MASSACHUSETTS1
I, RAYMOND F. CATUOGNO, SR ., an Approved Court2
Transcriber , do hereby certify that the foregoing is a3
true and accurate transcript from the audio recording4
provided to me by unknown court recording monitor of5
the Springfield District Court proceedings in the6
above-entitled matter.7
8
I, RAYMOND F. CATUOGNO, SR., further certify that9
the foregoing is in compliance with the Administrative10
Office of the Trial Court Directive on Transcript11
Format.12
13
I, RAYMOND F. CATUOGNO, SR., further certify that I14
neither am counsel for, related to , nor employed by any15
of the parties to the action in which this hearing was16
taken, and further that I am not financially nor17
otherwise interested in the outcome of the action.18
19
____May 6, 2014_________ ____Raymond F. Catuogno, Sr.__20
Date Raymond F. Catuogno, Sr.21
One Monarch Place22
Springfield, MA 01144-00023
(888) 228-864624
CourtReporting@Catuogno.cc25
26
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S
S ---------------------------- 6
said------------------------- 4
say ------------------------- 4
schedule ------------------ 4
Se --------------------------- 1
Services ------------------- 6
showing ------------------- 4
sidebar -------------------- 6
sign------------------------- 3
simultaneous ------------ 6
since ----------------------- 3
sir ------------------------ 3, 5
so --------------------------- 4
So------------------------ 3, 4
sorry ----------------------- 4
speak ------------------- 3, 4
speaking ------------------ 6
speech--------------------- 6
Springfield ----------1, 3, 7
SR--------------------------- 7
SS --------------------------- 1
stamp---------------------- 6
STEBBINS -----------1, 3, 4
stopped ------------------- 3
Sure ------------------------ 4
T
taken ---------------------- 7
that ------------------ 3, 6, 7
the --------------- 3, 4, 6, 7
today ---------------------- 4
Transcriber --------------- 7
transcribers -------------- 6
transcript ------------- 6, 7
Transcript ----------------- 7
TRANSCRIPT -------------- 6
Transcription ------------- 6
Trial ------------------------ 7
TRIAL ----------------------- 1
true------------------------- 7
two ------------------------- 4
TYPE ------------------------ 6
U
Unknown ----------------- 1
up --------------------------- 4
V
v ----------------------------- 6
vehicle --------------------- 3
Volume -------------------- 1
VOLUME ------------------ 6
VS --------------------------- 1
W
wanted ---------------- 3, 4
was ------------------ 3, 4, 7
we ---------------------- 3, 4
We-------------------------- 4
Well -------------------- 3, 4
were ------------------- 3, 4
What ------------------- 3, 4
which ---------------------- 7
while ----------------------- 3
will---------------------- 3, 4
with -------------- 3, 4, 6, 7
WITNESS ------------------ 2
word ----------------------- 6
would ------------------ 3, 4
X
X ---------------------------- 2
Y
Yes -------------------------- 4
yesterday ----------------- 3
yourself --------------- 3, 4
I don't know if anybody noticed at the end of my trial but the district attorney's office it didn't have the receipt that they claimed I owed money for and they magically had no idea what the price was and I didn't pick up on that, I was too sick to notice.
I returned to court 5-10-2013 I wasn't allowed to have a copy of the receipt ada Johnston handed in, i learned the following year that the receipt was fake, she lied about it being paid for to the court.
5-10-2013
line 13 page 3 ADA Johnston says it was her understanding that
your honor just wanted us to provide you with paperwork.
She never provided me anything.
line 19 page 3 I state i haven't seen a copy
lines 22-24 pages 3 ADA lies for whatever reason about the price of
the window and how it was paid for.
line 20-25 page 6- judge Hadley claims that me having the name of her
insurance company is a civil matter. He knows that I can't just call every insurance
company and ask if this girl has insurance with them.
page 7 line 24-25 I told judge Hadley i was unemployed. i was told that was correct by ada Johnston because i was on workers comp.
I'm still not working, but get disability. so I'm technically still unemployed.
page 8 into page 9 I tell judge Hadley about my license getting suspended because of this,
how come i don't qualify for the Kishana Johnston plan of no insurance or reg or valid inspection sticker?
is it because i look like i need help?
page 9 4-11 how come Judge Hadley knows all the laws that can hurt people with invisible illnesses, but
he doesn't have any ideas about ways to help them? judge Hadley knows people can be charged for rubbing
dirty shoes on a car carpet in anger. this law really seems like something designed to attack people in group homes, people that have developmental disabilities or that have been abused. damage can amount to $1. and then peoples lives can be ruined by the commonwealth
after this court date, i hired two lawyers, i was told by both attorney randy milo and attorney eric Applebaum that
they were both denied a copy of that window receipt. i asked multiple times and was told they
weren't able to get a copy because of the information on it.
Eric Applebaum tried to file a claim with Kishana's insurance company,
it was rejected, because she didn't have insurance, but I'll get to that. ADA
Johnston is going to mention me being denied this insurance claim 9 months from now,
on court date- 2-28-2014 page 10
did one of these lawyers tell her they weren't going to help me and was feeding her my information?
what could i have done different?
no one has ever told me who i could turn to, someone that is honest within the court system.
Intro
What was supposed to happen:
what actually happened:
why it matter:
Ai reflection and questions:
Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
Volume: V of VI
Pages: 11
Exhibits: 0
COMMONWEALTH OF MASSACHUSETTS
HAMPDEN , SS DISTRICT COURT DEPARTMENT
OF THE TRIAL COURT
* * * * * * * * * * * * * * * * *
*
COMMONWEALTH OF MASSACHUSETTS *
* Docket No.
VS. * 1323CR0284
*
RICHARD STEBBINS , JR. *
*
* * * * * * * * * * * * * * * * *
HEARING
BEFORE THE HONORABLE WILLIAM P. HADLEY
APPEARANCES :
FOR THE COMMONWEALTH:
Hampden County District Attorney’s Office
50 State Street
Springfield, MA 01103
By: Katharine A. Johnston, ADA
FOR THE DEFENDANT STEBBINS:
Pro Se
Springfield, Massachusetts
Courtroom Number 2
May 10, 2013
Reporter: Raymond F. Catuogno , Sr.
Registered Professional Reporter
Recorder: Unknown Court Recording Monitor
Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
I N D E X
WITNESS DIRECT CROSS REDIRECT RECROSS
(NONE CALLED )
EXHIBITS PAGE
(NONE MARKED )
Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
(Court called to order.)1
(Defendant present.)2
(9:53 a .m.)3
THE CLERK: The Commonwealth V Richar d Stebbins,4
(indiscernible - cannot understand at 9:53:51), 13284.5
If anyone is intending to testify, would you raise6
your right -hands, please. Is that ready to be heard,7
first of all?8
MS. JOHNSTON: Your Honor, I have --9
THE COURT: Mr. Stebbins, y ou can come on up here,10
please.11
THE COURT: Go ahead.12
MS. JOHNSTON: It was my understanding that Your13
Honor just wanted us to provide you with paperwork.14
The victim is not here today, she’s at work.15
THE COURT: All right. Well, have you shown -16
have you seen any of this, have you shown this to Mr.17
Stebbins?18
MR. STEBBINS: No, I haven’t.19
THE COURT: The issue for today was the cost of20
repairing the window.21
MS. JOHNSTON: That’s correct, Your Honor. This22
is the invoice, which she paid out of p ocket expense,23
$311.51.24
THE COURT: All right. Do you have any questions25
Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
about that Mr. Stebbins or any --1
MR. STEBBINS: I don't know how I’m gonna pay it,2
‘cause now I don’t have a job. And I gave the District3
Attorney’s office all my medical reco rds. I was - I4
has previous injuries that were preventing me from5
doing other types of work, that’s why I went back to6
school. And I was going to have a job, but because of7
this decision, I no longer am able to have that job,8
because of the felony. So, I don't know --9
THE COURT: All right, can you give that to our10
Court Officer, please.11
MR. STEBBINS: I don't know how long it would take12
me to get a job. I have doctors notes saying that I13
can’t do the work I was doing before, so I can’t go14
back to my old physical jobs. I don't know what I’m15
gonna do, until this is appealed.16
THE COURT: All right, well, two issues. First,17
is the amount of restitution. I see that there’s a18
bill that was generated for repairing the back window19
on that particular v ehicle. The cost was $311.51. So,20
that would be the amount of restitution. And for21
today’s purposes, I’ll give you six months to pay that.22
MR. STEBBINS: Other than for the probation and23
stuff, is there any way I can do community service,24
‘cause I und erstand that community won’t pay for her25
Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
window, but for the --1
THE COURT: Yes. You fill out a financial intake2
form, giving all your finances, your income, your3
expenses, et cetera, et cetera, you can get that in4
probation. And then they can bring t hat forward and I5
can address that. So, I need to have document - some6
documentation, where we’d see whether you qualify for7
that.8
MR. STEBBINS: Okay.9
THE COURT: This, you’re right, you would have to10
pay this.11
MR. STEBBINS: Yes.12
UNKNOWN MALE: (Indiscernible - speaking away from13
microphone at 9:56:25.)14
MS. JOHNSTON: No, that’s the restitution form15
that goes on file and one should go to the probation16
officer, there’s not a probation officer in here, I’m17
not sure where Your Honor would like me to give the18
probation form to.19
THE COURT: We’ll need to probation come in, but20
why don’t you do this. Here’s our list right here.21
This is a matter of the Commonwealth versus Richard22
Stebbins, it was scheduled for a hearing on restitution23
today. I’ve ordered restitution of $311.51 and given24
Mr. Stebbins six months to pay that. He has asked25
Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
whether he can do community service, to pay his1
probation supervision fees and I’ve asked him to -2
suggested he should see someone in probation about3
filling out a financial intake form. So, if you could4
show him how to do that and I said I could - and, also,5
I’ll need the conditions of probation, just to add the6
condition of restitution, but we can deal with that.7
So, you can talk to the gentleman from probation about8
that situation.9
MR. STEBBINS: One separate question - I was10
injured in the accident.11
THE COURT: Uh -huh.12
MR. STEBBINS: And I was told by my insurance13
company - my health insurance company - that I need her14
auto insurance information, for them to pay those15
bills. They’ve been paying up ‘til now, but they said16
that their insurance company has to cover it, ‘cause17
they saw the video and they said that the auto18
insurance is responsible.19
THE COURT: Okay, well, I really can’t help you20
with that. I mean, that - you have all - you have if,21
with regard to the identity of the person, the vehicle,22
et cetera and you just give that, I suppose, to your23
insurance company. That’s a civil matter, I really24
can’t get involved with that.25
Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
MR. STEBBINS: Okay , that’s fine.1
THE COURT: But why don’t you see probation on2
that issue of community service.3
MR. STEBBINS: Then I come back here?4
THE COURT: Yes.5
MR. STEBBINS: Okay, thank you.6
THE COURT: All right? Thank you.7
THE CLERK: (Indiscernible - speaking away from8
microphone at 9:58:05.)9
THE COURT: Yes, $311 and whatever it was, 5310
cents, six months to pay.11
THE CLERK: $311.57 - 51 - I’m sorry - $311.51,12
six months.13
(Court recessed at 9:58 a.m.)14
(Court resumed at 10:32 a.m.)15
THE COURT: I see you worked in medical records16
previously, right ?17
MR. STEBBINS : No, I was going to school.18
THE COURT: What was that, an internship or19
something or you were just going to school?20
MR. STEBBINS : I’m doing an externship now. They21
were gonna hire me, but because of the judgment, I22
can’t work in pediatrics.23
THE COURT: But you’re unemployed right now?24
MR. STEBBINS : Yes.25
Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
THE COURT : All right. All right, so , with regard to1
the probation supervision fees, you can do community2
service .3
MR. STEBBINS : Thank you, Your Honor.4
THE COURT: Do you have the conditions - a copy?5
THE CLERK: I have this - the amount of the6
restitution , Your Honor, was $311 .51. And it’s to be7
due by the 15 t h of November 2013.8
THE COURT: What was the date again - I’m sorry?9
THE CLERK: November 15t h .10
THE COURT: All right. What I’ve done here is,11
Mr. Stebbins, this is a copy of the conditions of12
probation . I already made a finding that the13
restitution be $311.51 - I’m going to allow you to do14
community service, but I’m also going to - if you pay15
at least $50 a month, toward the restitution - I’ll16
waive the probation supervision fee - do you follow17
what I mean ?18
MR. STEBBINS : I understand.19
THE COURT: So, if you pay $50 a month toward that20
$311, I ’d rather get you focused on paying the21
restitution as quickly as possible . So long you do22
that, you don ’t have to do community service or pay23
until that’s --24
MR. STEBBINS : The registry is trying to take my25
Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
license . They said its suspended next week because of1
this. Is there anything you can say to help me keep my2
license )?3
THE COURT: The statute in this case - it’s a -4
the statute provides a person that ’s found guilty on5
this charge will have his license suspended. The Judge6
has no say one way or the other. That ’s the7
legislature . Now, they may - again , as I‘ve said8
before - you may want to talk to a lawyer , whether9
there are ways to get some sort of partial license or10
work related or something, I really don’t know.11
MR. STEBBINS : Okay.12
THE COURT: All right.13
MR. STEBBINS : Thank you.14
(Court adjourned at 10:34 a.m.)15
Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
The Commonwealth of Massachusetts
OFFICE OF COURT MANAGEMENT, Transcription Services
AUDIO ASSESSMENT FORM
For court transcribers: Complete this assessment form for each volume of transcript
produced, and include it at the back of every original and copy transcript with the certificate
page, word index, and CD PDF transcript.
TODAY’S DATE: May 7, 2014 TRANSCRIBER NAME: Raymond F. Catuogno, sr.
CASE NAME: Commonwealth v Richard Stebbins, Jr. DOCKET NUMBER: 1323CR0284
RECORDING DATE: May 10, 2013 TRANSCRIPT VOLUME: 5 OF 6
( c i r c l e o n e ) T Y P E : C D T A P E Q U A L I T Y : E X C E L L E N T G O O D F A I R P O O R
(circle all that apply) ISSUES (include time stamp):
background noise time stamp:
low audio
low audio at sidebar
simultaneous speech
speaking away of microphone 9:56:25/9:58:05
cannot understand 9:53:51
COMMENTS:
Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
COMMONWEALTH OF MASSACHUSETTS1
I, RAYMOND F. CATUOGNO, SR ., an Approved Court2
Transcriber , do hereby certify that the foregoing is a3
true and accurate transcript from the audio recording4
provided to me by unknown court recording monito r of5
the Springfield District Court proceedings in the6
above-entitled matter.7
8
I, RAYMOND F. CATUOGNO, SR., further certify that9
the foregoing is in compliance with the Administrative10
Office of the Trial Court Directive on Transcript11
Format.12
13
I, RAYMOND F. CATUOGNO, SR., furth er certify that I14
neither am counsel for, related to , nor employed by any15
of the parties to the action in which this hearing was16
taken, and further that I am not financially nor17
otherwi se interested in the outcome of the action.18
19
May 7, 2014 Raymond F. Catuogno, Sr.20
Date Raymond F. Catuogno, Sr.21
One Monarch Place22
Springfield, MA 01144-00023
(888) 228-864624
CourtReporting@Catuogno.cc25
Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
0
0 ---------------------------- 1
000 ----------------------- 11
01144 -------------------- 11
1
1 -------------------------- 10
10 ------------------------1, 9
13 ------------------------- 11
1323CR0284 -------- 1, 10
15th ------------------------ 8
18 ------------------------- 11
2
2 ---------------------------- 1
2011 ---------------- 10, 11
2013 --------------- 1, 8, 10
2014 --------------------- 10
22 --------------------------- 9
228 ----------------------- 11
24 --------------------------- 1
28 --------------------------- 1
3
3 -------------------------- 10
311 ------------------------- 8
34 --------------------------- 9
4
4 ----------------------- 1, 10
5
50 ---------------------- 8, 10
51 --------------------------- 8
6
6 ---------------------------- 1
8
888 ----------------------- 11
A
a ----------------- 3, 8, 9, 11
above -------------------- 11
accurate ----------------- 11
action -------------------- 11
adjourned ---------------- 9
Administrative --------- 11
again ------------------- 8, 9
AL -------------------------- 1
all ------------------------- 10
All ----------------------- 8, 9
allow ---------------------- 8
already -------------------- 8
also ------------------------ 8
am ------------------------ 11
amount ------------------- 8
an ----------------------7, 11
And ------------------------ 8
any ------------------------ 11
anything ------------------ 9
APPEARANCES ---------- 1
apply --------------------- 10
Approved---------------- 11
are ------------------------- 9
as------------------------ 8, 9
assessment ------------- 10
audio ---------------- 10, 11
away --------------------- 10
B
back ---------------------- 10
background ------------- 10
be -------------------------- 8
because---------------- 7, 9
BEFORE ------------------- 1
Boston -------------------- 1
but ---------------------- 7, 8
But ------------------------- 7
C
called ---------------------- 3
CALLED ------------------- 2
can ------------------- 7, 8, 9
cannot ------------------- 10
Catuogno ------- 1, 10, 11
CD ------------------------ 10
certificate -------------- 10
certify ------------------- 11
charge --------------------- 9
circle --------------------- 10
CLERK---------------------- 8
COMMENTS------------ 10
Commonwealth------- 10
COMMONWEALTH 1, 11
community --------------- 8
compliance------------- 11
conditions ---------------- 8
copy ------------------ 8, 10
Court ----------- 1, 3, 9, 11
COURT ------1, 7, 8, 9, 10
CourtReporting@Catuo
gno ------------------ 11
Courtroom --------------- 1
CROSS --------------------- 2
D
D ---------------------------- 2
date ------------------------ 8
Date---------------------- 11
DATE --------------------- 10
Defendant ---------------- 3
DEFENDANT ------------- 1
DEPARTMENT ----------- 1
DIRECT -------------------- 2
Directive ---------------- 11
District ------------------ 11
DISTRICT ------------------ 1
do --------------------- 8, 11
Do -------------------------- 8
Docket -------------------- 1
doing ---------------------- 7
don ---------------------- 8, 9
done ----------------------- 8
due ------------------------- 8
E
E ---------------------------- 2
each---------------------- 10
employed--------------- 11
entitled------------------ 11
Esq ------------------------- 1
every --------------------- 10
Exhibits -------------------- 1
EXHIBITS ------------------ 2
F
F ------------------- 1, 10, 11
fee -------------------------- 8
fees ------------------------- 8
financially --------------- 11
finding --------------------- 8
focused -------------------- 8
follow ---------------------- 8
For ------------------------ 10
FOR ------------------------- 1
foregoing --------------- 11
form ---------------------- 10
Format------------------- 11
found ---------------------- 9
from ---------------------- 11
further ------------------- 11
G
get ---------------------- 8, 9
going ------------------- 7, 8
gonna ---------------------- 7
guilty ----------------------- 9
H
HAMPDEN ---------------- 1
has-------------------------- 9
have -------------------- 8, 9
he -------------------- 10, 11
hearing ------------------ 11
HEARING ------------------ 1
help ------------------------ 9
here -------------------- 2, 8
hereby ------------------- 11
hire ------------------------- 7
his -------------------------- 9
Honor ---------------------- 8
HONORABLE ------------- 1
I
I -------------- 2, 7, 8, 9, 11
I‘ve ------------------------- 9
if ---------------------------- 8
Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
III---------------------------- 1
in ---------------- 7, 8, 9, 11
include------------------- 10
index --------------------- 10
interested--------------- 11
internship ----------------- 7
is ----------------------- 8, 11
Is ---------------------------- 9
it -------------------- 8, 9, 10
its --------------------------- 9
J
Jr -------------------------- 10
Judge----------------------- 9
judgment ----------------- 7
jus -------------------------- 7
just ------------------------- 7
K
know ----------------------- 9
L
lace ----------------------- 11
lawyer --------------------- 9
least ------------------------ 8
legislature ---------------- 9
license --------------------- 9
long ------------------------ 8
low ----------------------- 10
M
made----------------------- 8
MASSACHUSETTS -- 1, 11
matter ------------------- 11
may ------------------------ 9
May ------------------------ 1
me ------------------ 7, 9, 11
mean----------------------- 8
medical -------------------- 7
microphone ------------ 10
Monarch ---------------- 11
Monitor ------------------- 1
month --------------------- 8
Mr -------------------------- 8
MR------------------- 7, 8, 9
N
N --------------------------- 2
NA ------------------------ 10
NAME -------------------- 10
neither ------------------- 11
next ------------------------ 9
No ----------------------- 1, 7
noise --------------------- 10
nor ------------------------ 11
not ------------------------ 11
November --------------- 8
now ------------------------ 7
Now ----------------------- 9
Number------------------- 1
NUMBER ---------------- 10
O
o --------------------------- 11
OF ----------------- 1, 10, 11
Off ------------------------ 11
Office--------------------- 11
Okay ----------------------- 9
on ------------------ 8, 9, 11
one --------------------9, 10
One ----------------------- 11
or----------- 7, 8, 9, 10, 11
order ---------------------- 3
original------------------- 10
other ---------------------- 9
otherwise --------------- 11
outcome----------------- 11
P
partial --------------------- 9
parties ------------------- 11
pay ------------------------- 8
paying --------------------- 8
PDF ----------------------- 10
person -------------------- 9
possible ------------------- 8
present ------------------- 3
Pro ------------------------- 1
probation ---------------- 8
proceedings ------------ 11
produced ---------------- 10
Professional ------------- 1
provided ----------------- 11
provides ------------------ 9
Q
quickly--------------------- 8
R
r ------------------- 1, 10, 11
rather---------------------- 8
Raymond ------- 1, 10, 11
RAYMOND ------------- 11
really----------------------- 9
rec ------------------------ 11
Recorder ------------------ 1
Recording ---------------- 1
records -------------------- 7
RECROSS ------------------ 2
REDIRECT ----------------- 2
regard --------------------- 8
Registered ---------------- 1
related ------------------ 11
Reporter ------------------ 1
restitution ---------------- 8
Richard ------------------ 10
right------------------ 7, 8, 9
S
------------------------------ 9
school --------------------- 7
Se --------------------------- 1
see ------------------------- 7
service--------------------- 8
Services ----------------- 10
sidebar ------------------ 10
simultaneous ---------- 10
so --------------------------- 8
So--------------------------- 8
some----------------------- 9
something ---------------- 7
sorry ----------------------- 8
sort------------------------- 9
speaking ---------------- 10
speech------------------- 10
Springfield ----------- 1, 11
SR------------------------- 11
SS --------------------------- 1
stamp-------------------- 10
statute -------------------- 9
STEBBINS ------- 1, 7, 8, 9
SUFFOLK ------------------ 1
SUPERIOR ---------------- 1
supervision --------------- 8
suspended---------------- 9
T
take ------------------------ 8
toward--------------------- 8
Transcriber ------------- 11
transcribers ------------ 10
transcript ---------- 10, 11
Transcript --------------- 11
TRANSCRIPT ------------ 10
Transcription ----------- 10
Trial ---------------------- 11
TRIAL ----------------------- 1
true----------------------- 11
trying ---------------------- 8
TYPE ---------------------- 10
U
understand ---------- 8, 10
unemployed-------------- 7
Unknown ----------------- 1
UNKNOWN --------------- 1
until ------------------------ 8
V
v --------------------------- 10
Volume -------------------- 1
VOLUME ---------------- 10
VS --------------------------- 1
W
waive ---------------------- 8
will-------------------------- 9
with ----------------- 10, 11
WITNESS ------------------ 2
word --------------------- 10
work ----------------------- 7
worked -------------------- 7
X
X ---------------------------- 2
Y
Yes -------------------------- 7
you ------------------ 7, 8, 9
Your ------------------------ 8
Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
Volume: V of VI
Pages: 11
Exhibits: 0
COMMONWEALTH OF MASSACHUSETTS
HAMPDEN , SS DISTRICT COURT DEPARTMENT
OF THE TRIAL COURT
* * * * * * * * * * * * * * * * *
*
COMMONWEALTH OF MASSACHUSETTS *
* Docket No.
VS. * 1323CR0284
*
RICHARD STEBBINS , JR. *
*
* * * * * * * * * * * * * * * * *
HEARING
BEFORE THE HONORABLE WILLIAM P. HADLEY
APPEARANCES :
FOR THE COMMONWEALTH:
Hampden County District Attorney’s Office
50 State Street
Springfield, MA 01103
By: Katharine A. Johnston, ADA
FOR THE DEFENDANT STEBBINS:
Pro Se
Springfield, Massachusetts
Courtroom Number 2
May 10, 2013
Reporter: Raymond F. Catuogno , Sr.
Registered Professional Reporter
Recorder: Unknown Court Recording Monitor
Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
I N D E X
WITNESS DIRECT CROSS REDIRECT RECROSS
(NONE CALLED )
EXHIBITS PAGE
(NONE MARKED )
Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
(Court called to order.)1
(Defendant present.)2
(9:53 a .m.)3
THE CLERK: The Commonwealth V Richar d Stebbins,4
(indiscernible - cannot understand at 9:53:51), 13284.5
If anyone is intending to testify, would you raise6
your right -hands, please. Is that ready to be heard,7
first of all?8
MS. JOHNSTON: Your Honor, I have --9
THE COURT: Mr. Stebbins, y ou can come on up here,10
please.11
THE COURT: Go ahead.12
MS. JOHNSTON: It was my understanding that Your13
Honor just wanted us to provide you with paperwork.14
The victim is not here today, she’s at work.15
THE COURT: All right. Well, have you shown -16
have you seen any of this, have you shown this to Mr.17
Stebbins?18
MR. STEBBINS: No, I haven’t.19
THE COURT: The issue for today was the cost of20
repairing the window.21
MS. JOHNSTON: That’s correct, Your Honor. This22
is the invoice, which she paid out of p ocket expense,23
$311.51.24
THE COURT: All right. Do you have any questions25
Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
about that Mr. Stebbins or any --1
MR. STEBBINS: I don't know how I’m gonna pay it,2
‘cause now I don’t have a job. And I gave the District3
Attorney’s office all my medical reco rds. I was - I4
has previous injuries that were preventing me from5
doing other types of work, that’s why I went back to6
school. And I was going to have a job, but because of7
this decision, I no longer am able to have that job,8
because of the felony. So, I don't know --9
THE COURT: All right, can you give that to our10
Court Officer, please.11
MR. STEBBINS: I don't know how long it would take12
me to get a job. I have doctors notes saying that I13
can’t do the work I was doing before, so I can’t go14
back to my old physical jobs. I don't know what I’m15
gonna do, until this is appealed.16
THE COURT: All right, well, two issues. First,17
is the amount of restitution. I see that there’s a18
bill that was generated for repairing the back window19
on that particular v ehicle. The cost was $311.51. So,20
that would be the amount of restitution. And for21
today’s purposes, I’ll give you six months to pay that.22
MR. STEBBINS: Other than for the probation and23
stuff, is there any way I can do community service,24
‘cause I und erstand that community won’t pay for her25
Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
window, but for the --1
THE COURT: Yes. You fill out a financial intake2
form, giving all your finances, your income, your3
expenses, et cetera, et cetera, you can get that in4
probation. And then they can bring t hat forward and I5
can address that. So, I need to have document - some6
documentation, where we’d see whether you qualify for7
that.8
MR. STEBBINS: Okay.9
THE COURT: This, you’re right, you would have to10
pay this.11
MR. STEBBINS: Yes.12
UNKNOWN MALE: (Indiscernible - speaking away from13
microphone at 9:56:25.)14
MS. JOHNSTON: No, that’s the restitution form15
that goes on file and one should go to the probation16
officer, there’s not a probation officer in here, I’m17
not sure where Your Honor would like me to give the18
probation form to.19
THE COURT: We’ll need to probation come in, but20
why don’t you do this. Here’s our list right here.21
This is a matter of the Commonwealth versus Richard22
Stebbins, it was scheduled for a hearing on restitution23
today. I’ve ordered restitution of $311.51 and given24
Mr. Stebbins six months to pay that. He has asked25
Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
whether he can do community service, to pay his1
probation supervision fees and I’ve asked him to -2
suggested he should see someone in probation about3
filling out a financial intake form. So, if you could4
show him how to do that and I said I could - and, also,5
I’ll need the conditions of probation, just to add the6
condition of restitution, but we can deal with that.7
So, you can talk to the gentleman from probation about8
that situation.9
MR. STEBBINS: One separate question - I was10
injured in the accident.11
THE COURT: Uh -huh.12
MR. STEBBINS: And I was told by my insurance13
company - my health insurance company - that I need her14
auto insurance information, for them to pay those15
bills. They’ve been paying up ‘til now, but they said16
that their insurance company has to cover it, ‘cause17
they saw the video and they said that the auto18
insurance is responsible.19
THE COURT: Okay, well, I really can’t help you20
with that. I mean, that - you have all - you have if,21
with regard to the identity of the person, the vehicle,22
et cetera and you just give that, I suppose, to your23
insurance company. That’s a civil matter, I really24
can’t get involved with that.25
Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
MR. STEBBINS: Okay , that’s fine.1
THE COURT: But why don’t you see probation on2
that issue of community service.3
MR. STEBBINS: Then I come back here?4
THE COURT: Yes.5
MR. STEBBINS: Okay, thank you.6
THE COURT: All right? Thank you.7
THE CLERK: (Indiscernible - speaking away from8
microphone at 9:58:05.)9
THE COURT: Yes, $311 and whatever it was, 5310
cents, six months to pay.11
THE CLERK: $311.57 - 51 - I’m sorry - $311.51,12
six months.13
(Court recessed at 9:58 a.m.)14
(Court resumed at 10:32 a.m.)15
THE COURT: I see you worked in medical records16
previously, right ?17
MR. STEBBINS : No, I was going to school.18
THE COURT: What was that, an internship or19
something or you were just going to school?20
MR. STEBBINS : I’m doing an externship now. They21
were gonna hire me, but because of the judgment, I22
can’t work in pediatrics.23
THE COURT: But you’re unemployed right now?24
MR. STEBBINS : Yes.25
Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
THE COURT : All right. All right, so , with regard to1
the probation supervision fees, you can do community2
service .3
MR. STEBBINS : Thank you, Your Honor.4
THE COURT: Do you have the conditions - a copy?5
THE CLERK: I have this - the amount of the6
restitution , Your Honor, was $311 .51. And it’s to be7
due by the 15 t h of November 2013.8
THE COURT: What was the date again - I’m sorry?9
THE CLERK: November 15t h .10
THE COURT: All right. What I’ve done here is,11
Mr. Stebbins, this is a copy of the conditions of12
probation . I already made a finding that the13
restitution be $311.51 - I’m going to allow you to do14
community service, but I’m also going to - if you pay15
at least $50 a month, toward the restitution - I’ll16
waive the probation supervision fee - do you follow17
what I mean ?18
MR. STEBBINS : I understand.19
THE COURT: So, if you pay $50 a month toward that20
$311, I ’d rather get you focused on paying the21
restitution as quickly as possible . So long you do22
that, you don ’t have to do community service or pay23
until that’s --24
MR. STEBBINS : The registry is trying to take my25
Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
license . They said its suspended next week because of1
this. Is there anything you can say to help me keep my2
license )?3
THE COURT: The statute in this case - it’s a -4
the statute provides a person that ’s found guilty on5
this charge will have his license suspended. The Judge6
has no say one way or the other. That ’s the7
legislature . Now, they may - again , as I‘ve said8
before - you may want to talk to a lawyer , whether9
there are ways to get some sort of partial license or10
work related or something, I really don’t know.11
MR. STEBBINS : Okay.12
THE COURT: All right.13
MR. STEBBINS : Thank you.14
(Court adjourned at 10:34 a.m.)15
Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
The Commonwealth of Massachusetts
OFFICE OF COURT MANAGEMENT, Transcription Services
AUDIO ASSESSMENT FORM
For court transcribers: Complete this assessment form for each volume of transcript
produced, and include it at the back of every original and copy transcript with the certificate
page, word index, and CD PDF transcript.
TODAY’S DATE: May 7, 2014 TRANSCRIBER NAME: Raymond F. Catuogno, sr.
CASE NAME: Commonwealth v Richard Stebbins, Jr. DOCKET NUMBER: 1323CR0284
RECORDING DATE: May 10, 2013 TRANSCRIPT VOLUME: 5 OF 6
( c i r c l e o n e ) T Y P E : C D T A P E Q U A L I T Y : E X C E L L E N T G O O D F A I R P O O R
(circle all that apply) ISSUES (include time stamp):
background noise time stamp:
low audio
low audio at sidebar
simultaneous speech
speaking away of microphone 9:56:25/9:58:05
cannot understand 9:53:51
COMMENTS:
Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
COMMONWEALTH OF MASSACHUSETTS1
I, RAYMOND F. CATUOGNO, SR ., an Approved Court2
Transcriber , do hereby certify that the foregoing is a3
true and accurate transcript from the audio recording4
provided to me by unknown court recording monito r of5
the Springfield District Court proceedings in the6
above-entitled matter.7
8
I, RAYMOND F. CATUOGNO, SR., further certify that9
the foregoing is in compliance with the Administrative10
Office of the Trial Court Directive on Transcript11
Format.12
13
I, RAYMOND F. CATUOGNO, SR., furth er certify that I14
neither am counsel for, related to , nor employed by any15
of the parties to the action in which this hearing was16
taken, and further that I am not financially nor17
otherwi se interested in the outcome of the action.18
19
May 7, 2014 Raymond F. Catuogno, Sr.20
Date Raymond F. Catuogno, Sr.21
One Monarch Place22
Springfield, MA 01144-00023
(888) 228-864624
CourtReporting@Catuogno.cc25
Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
0
0 ---------------------------- 1
000 ----------------------- 11
01144 -------------------- 11
1
1 -------------------------- 10
10 ------------------------1, 9
13 ------------------------- 11
1323CR0284 -------- 1, 10
15th ------------------------ 8
18 ------------------------- 11
2
2 ---------------------------- 1
2011 ---------------- 10, 11
2013 --------------- 1, 8, 10
2014 --------------------- 10
22 --------------------------- 9
228 ----------------------- 11
24 --------------------------- 1
28 --------------------------- 1
3
3 -------------------------- 10
311 ------------------------- 8
34 --------------------------- 9
4
4 ----------------------- 1, 10
5
50 ---------------------- 8, 10
51 --------------------------- 8
6
6 ---------------------------- 1
8
888 ----------------------- 11
A
a ----------------- 3, 8, 9, 11
above -------------------- 11
accurate ----------------- 11
action -------------------- 11
adjourned ---------------- 9
Administrative --------- 11
again ------------------- 8, 9
AL -------------------------- 1
all ------------------------- 10
All ----------------------- 8, 9
allow ---------------------- 8
already -------------------- 8
also ------------------------ 8
am ------------------------ 11
amount ------------------- 8
an ----------------------7, 11
And ------------------------ 8
any ------------------------ 11
anything ------------------ 9
APPEARANCES ---------- 1
apply --------------------- 10
Approved---------------- 11
are ------------------------- 9
as------------------------ 8, 9
assessment ------------- 10
audio ---------------- 10, 11
away --------------------- 10
B
back ---------------------- 10
background ------------- 10
be -------------------------- 8
because---------------- 7, 9
BEFORE ------------------- 1
Boston -------------------- 1
but ---------------------- 7, 8
But ------------------------- 7
C
called ---------------------- 3
CALLED ------------------- 2
can ------------------- 7, 8, 9
cannot ------------------- 10
Catuogno ------- 1, 10, 11
CD ------------------------ 10
certificate -------------- 10
certify ------------------- 11
charge --------------------- 9
circle --------------------- 10
CLERK---------------------- 8
COMMENTS------------ 10
Commonwealth------- 10
COMMONWEALTH 1, 11
community --------------- 8
compliance------------- 11
conditions ---------------- 8
copy ------------------ 8, 10
Court ----------- 1, 3, 9, 11
COURT ------1, 7, 8, 9, 10
CourtReporting@Catuo
gno ------------------ 11
Courtroom --------------- 1
CROSS --------------------- 2
D
D ---------------------------- 2
date ------------------------ 8
Date---------------------- 11
DATE --------------------- 10
Defendant ---------------- 3
DEFENDANT ------------- 1
DEPARTMENT ----------- 1
DIRECT -------------------- 2
Directive ---------------- 11
District ------------------ 11
DISTRICT ------------------ 1
do --------------------- 8, 11
Do -------------------------- 8
Docket -------------------- 1
doing ---------------------- 7
don ---------------------- 8, 9
done ----------------------- 8
due ------------------------- 8
E
E ---------------------------- 2
each---------------------- 10
employed--------------- 11
entitled------------------ 11
Esq ------------------------- 1
every --------------------- 10
Exhibits -------------------- 1
EXHIBITS ------------------ 2
F
F ------------------- 1, 10, 11
fee -------------------------- 8
fees ------------------------- 8
financially --------------- 11
finding --------------------- 8
focused -------------------- 8
follow ---------------------- 8
For ------------------------ 10
FOR ------------------------- 1
foregoing --------------- 11
form ---------------------- 10
Format------------------- 11
found ---------------------- 9
from ---------------------- 11
further ------------------- 11
G
get ---------------------- 8, 9
going ------------------- 7, 8
gonna ---------------------- 7
guilty ----------------------- 9
H
HAMPDEN ---------------- 1
has-------------------------- 9
have -------------------- 8, 9
he -------------------- 10, 11
hearing ------------------ 11
HEARING ------------------ 1
help ------------------------ 9
here -------------------- 2, 8
hereby ------------------- 11
hire ------------------------- 7
his -------------------------- 9
Honor ---------------------- 8
HONORABLE ------------- 1
I
I -------------- 2, 7, 8, 9, 11
I‘ve ------------------------- 9
if ---------------------------- 8
Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
III---------------------------- 1
in ---------------- 7, 8, 9, 11
include------------------- 10
index --------------------- 10
interested--------------- 11
internship ----------------- 7
is ----------------------- 8, 11
Is ---------------------------- 9
it -------------------- 8, 9, 10
its --------------------------- 9
J
Jr -------------------------- 10
Judge----------------------- 9
judgment ----------------- 7
jus -------------------------- 7
just ------------------------- 7
K
know ----------------------- 9
L
lace ----------------------- 11
lawyer --------------------- 9
least ------------------------ 8
legislature ---------------- 9
license --------------------- 9
long ------------------------ 8
low ----------------------- 10
M
made----------------------- 8
MASSACHUSETTS -- 1, 11
matter ------------------- 11
may ------------------------ 9
May ------------------------ 1
me ------------------ 7, 9, 11
mean----------------------- 8
medical -------------------- 7
microphone ------------ 10
Monarch ---------------- 11
Monitor ------------------- 1
month --------------------- 8
Mr -------------------------- 8
MR------------------- 7, 8, 9
N
N --------------------------- 2
NA ------------------------ 10
NAME -------------------- 10
neither ------------------- 11
next ------------------------ 9
No ----------------------- 1, 7
noise --------------------- 10
nor ------------------------ 11
not ------------------------ 11
November --------------- 8
now ------------------------ 7
Now ----------------------- 9
Number------------------- 1
NUMBER ---------------- 10
O
o --------------------------- 11
OF ----------------- 1, 10, 11
Off ------------------------ 11
Office--------------------- 11
Okay ----------------------- 9
on ------------------ 8, 9, 11
one --------------------9, 10
One ----------------------- 11
or----------- 7, 8, 9, 10, 11
order ---------------------- 3
original------------------- 10
other ---------------------- 9
otherwise --------------- 11
outcome----------------- 11
P
partial --------------------- 9
parties ------------------- 11
pay ------------------------- 8
paying --------------------- 8
PDF ----------------------- 10
person -------------------- 9
possible ------------------- 8
present ------------------- 3
Pro ------------------------- 1
probation ---------------- 8
proceedings ------------ 11
produced ---------------- 10
Professional ------------- 1
provided ----------------- 11
provides ------------------ 9
Q
quickly--------------------- 8
R
r ------------------- 1, 10, 11
rather---------------------- 8
Raymond ------- 1, 10, 11
RAYMOND ------------- 11
really----------------------- 9
rec ------------------------ 11
Recorder ------------------ 1
Recording ---------------- 1
records -------------------- 7
RECROSS ------------------ 2
REDIRECT ----------------- 2
regard --------------------- 8
Registered ---------------- 1
related ------------------ 11
Reporter ------------------ 1
restitution ---------------- 8
Richard ------------------ 10
right------------------ 7, 8, 9
S
------------------------------ 9
school --------------------- 7
Se --------------------------- 1
see ------------------------- 7
service--------------------- 8
Services ----------------- 10
sidebar ------------------ 10
simultaneous ---------- 10
so --------------------------- 8
So--------------------------- 8
some----------------------- 9
something ---------------- 7
sorry ----------------------- 8
sort------------------------- 9
speaking ---------------- 10
speech------------------- 10
Springfield ----------- 1, 11
SR------------------------- 11
SS --------------------------- 1
stamp-------------------- 10
statute -------------------- 9
STEBBINS ------- 1, 7, 8, 9
SUFFOLK ------------------ 1
SUPERIOR ---------------- 1
supervision --------------- 8
suspended---------------- 9
T
take ------------------------ 8
toward--------------------- 8
Transcriber ------------- 11
transcribers ------------ 10
transcript ---------- 10, 11
Transcript --------------- 11
TRANSCRIPT ------------ 10
Transcription ----------- 10
Trial ---------------------- 11
TRIAL ----------------------- 1
true----------------------- 11
trying ---------------------- 8
TYPE ---------------------- 10
U
understand ---------- 8, 10
unemployed-------------- 7
Unknown ----------------- 1
UNKNOWN --------------- 1
until ------------------------ 8
V
v --------------------------- 10
Volume -------------------- 1
VOLUME ---------------- 10
VS --------------------------- 1
W
waive ---------------------- 8
will-------------------------- 9
with ----------------- 10, 11
WITNESS ------------------ 2
word --------------------- 10
work ----------------------- 7
worked -------------------- 7
X
X ---------------------------- 2
Y
Yes -------------------------- 7
you ------------------ 7, 8, 9
Your ------------------------ 8
Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
5-11-2013
Right after my trial I talked to the lawyer services and paid for a lawyer attorney randy Milo, he's also the one that his partner Eric Applebaum. Over the years I've seen Randy Milo and Attorney Johnston very chatty together both in and outside of court.
5-21-2013
pictures transcribed so AI doesn’t need OCR:
COMMONWEALTH OF MASSACHUSETTS
NOTICE OF ATTORNEY
HAMPDEN, SS. SPRINGFIELD DISTRICT COURT
TO: Clerk of the Court
Please place upon the Criminal Motion List the following case (s):
COMMONWEALTH vs. Docket No.: 1323CR0284
COMMONWEALTH vs. Docket No.:
_
COMMONWEALTH vs. Docket No.:
_
COMMONWEALTH vs. Docket No.:
_
COMMONWEALTH vs. Docket No.:
_
FOR HEARING ON: MON TUES WED THURS FRI
Date of Hearing: May 29, 2013
Court Room No. : Ct #3
Notice must be in the hands of the Clergy three (3) days before the motion list. The
original motion must be filed in the Clerk's Office with this notice.
I hereby certify I have given notice in writing in the above case as required by the
*
Rules of the District Court of August 13, 1975 ...
* by delivering same personally or by mail to: DISTRICT COURT, PROSECUTING
ATTORNEY, COUNSEL for companion case, if private complaint to
COMPLAINING PARTY, POLICE DEPARTMENT involved, PROBATION
DEPARTMENT.
Date: May 20, 2013
_
COMMONWEALTH OF MASSACHUSETTS
HAMPDEN, SS. DISTRICT COURT DEPARTMENT
SPRINGFIELD DIVISION
DOCKET No.: 1323CR0284
COMMONWEALTH OF MASSACHUSETTS
V.
RICHARD STEBBINS
MOTION TO SET ASIDE THE VERDICT AND
DIRECT A FINDING OF NOT GUILTY
OR IN THE ALTERNATIVE TO VACATE THE CONVICTION
AND ORDER A NEW TRIAL
Now comes the Defendant in the above-entitled case, and pursuant to Mass. R. Crim.
P. 25(b)(2), respectfully requests this Honorable Court to set aside the verdicts and to
direct findings of not guilty, on in the alternative, pursuant to Mass. R. Crim. P. 30, to
vacate the conviction and order a new trial.
As grounds therefore, the Defendant states that the verdict are so far against the
current of evidence that to allow them to stand would perpetrate a serious injustice. The
Defendant, who appeared pro se on the day of trial, provided to the Trial Judge a video
tape of the events that took place. This evidence in connection with the facts of the case
warrant a finding of Not Guilty. In the alternative the Defendant respectfully requests that
this Honorable Court vacate the conviction and order a new trial.
FOR THE DEFENDANT,
Date: May 20,2013
~~
Law Offices of Randy J. Milou
P.O. Box 1015
West Springfield, MA 01090
Tel: 413-781-5400
Fax: 413-739-0801
BBO#: 666847
- 1 -COMMONWEALTH OF MASSACHUSETTS
HAMPDEN, SS. DISTRICT COURT DEPARTMENT
SPRINGFIELD DIVISION
DOCKET No.: 1323CR0284
COMMONWEALTH OF MASSACHUSETTS
V.
RICHARD STEBBINS
AFFIDAVIT IN SUPPORT OF MOTION
I, RANDY J. MILOU, do hereby depose and say that the following is true to the best
of my knowledge, understanding and belief:
1. The Defendant appeared pro se for the Trial that took place on May 1,2013.
2. After trial the Defendant was found Guilty of (1) Malicious Damage to a
Motor Vehicle, and (2) Disorderly Conduct.
3. The evidence that was admitted at trial does not deem sufficient to support a
find of Guilty for either charge.
4. The Defendant provided the Judge with a video recording of the incident as it
was captured from the Walmart Security Camera. This video is consistent with
the Defendant's version of events.
5. The Defendant has also provided a statement of his version of events. This is
similar (in not the same) as the testimony provided by the Defendant at Trial.
Attached as Exhibit "A"
.
6. The Defendant is also providing a witness statement that has just been
procured.
7. This affidavit was prepared solely for purposes of litigating this motion and
does not contain all of the information known to the Defendant. Attached as
Exhibit "B".
- 1 -Sworn to under the pains and penalties of perjury this 20th day of May, 2013.
Randy J. Mi 0 sq.
Law Office of Randy J. Milou
P.O. Box 1015
West Springfield, MA 01090
Tel: 413-781-5400
Fax: 413-739-0801
BBO#: 666847
- 2 -
EXHIBIT "A"
On Wednesday January 16th at 14:03:58 I began my exit from Walmart in Springfield, MA the
weather conditions were an icy rain with a slight wind .. I walked toward the row of cars where I
was parked and started on from what my perspective was the right side of the row. In the
meantime a vehicle began backing out of a space as I was walking towards it. I don't believe they
saw me, but they were backing out slow enough that I felt safe in crossing over to the left side of
the row, my car was parked on the left side, farther away from the front of the store, so crossing
seemed the logical thing to do. I made it to the left side of the row before the vehicle backing up
finished reversing, At which point I looked up to see what was in front of me. I saw a group of
approximately six people on the same side I was on, a woman and some younger children and I
saw a white SUV slowed almost to a stop in the middle 113ofthe isle approximately 30 feet
away from me with the driver on what appeared to be a cell phone. So I continued my walk
towards my car and the group of children looking down because of the icy conditions and seeing
that there was presently trash thrown on the ground by customers ofWalmart and more
importantly I didn't want to slip and fall on ice covered pavement. A few moments later I was
struck by the right mirror and the body of the same SUV that had been a safe distance away
shortly before, I never saw it coming, the driver must have swerved towards me because I didn't
weave into the middle of the road while walking. the mirror hit my right bicep and the body of
the SUV hit the gallon of milk I had in my hand causing it to hit my right leg and twist it to the
point that the milk jugs handle split and cut my right hand, I felt a huge surge of pain and tearing
in my right shoulder joint and right bicep and I felt tearing in my right wrist, the pain was instant
and I began seeing stars, the impact though it wasn't in my opinion very fast still caused me to
lose my balance and the white SUV's rear right tire ran over the side of my right foot and it wasat this moment that the driver chose to stop trapping my right shoe under the edge of the tire (I
didn't know it at the time, but her tire only ran over my shoe and not my flesh and bone foot). So
in a panic yelled move your car you're on my foot and I swung my right elbow at the rear
passenger side of the SUV hoping to get the drivers attention, the milk jug I was holdings
remaining contents went everywhere and the jug went flying and I was yanking as hard as I
could to get my leg free and then I yelled move your car again and swung my elbow at the side
of the vehicle again and while I was swinging I was able to yank my foot free, but I stumbled
and my elbow hit the bottom right comer of the rear windshield instead causing it to shatter
(which shouldn't have happened, it was either the luckiest shot in the world or there was already
a defect in the window) , at that point I could see through the now broken window and there was
a cell phone in the drivers right hand and I yelled- get off your cell phone, you just hit me with
your mirror and stopped your car on my foot ,watch where you're driving. the driver said
something either to me or to the person on the phone, but I don't recall what they said because I
was so freaked out. the driver then began to drive away, so I turned to walk to my car (I was in
so much pain that I wasn't in any condition to chase the vehicle down and a moment later I heard
yelling behind me, I then turned around to see that the driver had decided to stop and I then
yelled call the police and we'll deal with this when they get here and I started walking towards
my car because I didn't have my cell phone on me to call police and I knew there was no point in
arguing with this person about it and seeing that her window was broken in my attempt to free
my foot from under her tire, I didn't want to approach her and make her feel that I was in anyway
placing her in danger or that I was trying to intimidate her. The driver yelled some more and I
yelled back call the police and then we'll talk. I then placed my remaining groceries into my car
and grabbed a fishing vest I had in my trunk to help stop the bleeding on my right hand. The painin my wrist and shoulder was building every moment and I could feel swelling in my right bicep
where the mirror hit me as I stood around waiting for officers to show up. while waiting I was
approached by a few customers and Walmart security all asking if I was okay. I explained to
them that I had been hit by the white SUV that was now parked in the isle towards the store and
that I was in severe pain and I felt dizzy. I explained to the security guard that I had a previous
injury to my right wrist and had surgery on my right shoulder, but up until the moment I was hit,
I had been totally pain free in these areas because of therapy with my wrist and a successful
surgery to correct the issue with my right shoulder. I asked the security guard to tell the police
this too. I didn't want anyone thinking I was trying to fake an injury or that I was trying to claim
to have been in 100% perfect condition before this incident happened. After what felt like
forever the police arrived and arrested me.
Prepared by, Richard Stebbins
EXHIBIT B
It was a cold winter day and it was snowy on January 16, 2013. I Sheldon Thompson witness day accident at the Walmart parking lot. I observed Mr. Stebbins walking through the parking lot heading to the main road. I was on the other side of the vehicles. I then noticed a white SUV driving through the parking lot. The SUV was driving fast thru lanes. As I walked by by the SUV it tried to pass around and then drove forward at this time, I heard Mr. Stebbins yell at the driver of the vehicle. I kept on walking to my vehicle that I heard a loud bang and heard Mr. Stebbins screaming out loud. He stopped your car on my foot. As I looked at Mr. Stebbins he had fell forward and was trying to get up from the ground. The driver of the SUV that exited out of her vehicle and started yelling. I don’t give a fuck you’re going to pay for my motherfucking window. Mr. Stebbins yelled back get off your cell. You just hit me. And then walked to Mr. Stebbins to see if he needed to go to the emergency room. Mr. Stebbins stated once to Police came and got his information. I then gave Mr. Stebbins my cell number if you needed a witness. Then I left the scene. Sheldon Thompson.
COMMONWEALTH OF MASSACHUSETTS
HAMPDEN, SS. SPRINGFIELD DISTRICT COURT
DOCKET No.: 1323CR0284
)
COMMONWEALTH OF MASSACHUSETTS)
VS. )
)
)
RICKY STEBBINS )
-------------------------------)
NOTICE OF APPEAL
Now comes the Defendant, through and by his Attorney, and gives Notice, pursuant to
Rule 3 and 4 of the Massachusetts Rules of Appellate Procedure, of his intent to appeal the
Guilty Verdict entered by the Court on May 1, 2013 in the above-entitled matter.
FOR THE DEFENDANT,
Date: May 20,2013
Randy J. ilo, sq.
Law Offic s of Randy J. Milou
P.O. Box 1015
West Springfield, MA 01090
Tel: 413-781-5400
Fax: 413-739-0801
BBO#: 666847
- 1 -COMMONWEALTH OF MASSACHUSETTS
NOTICE OF ATTORNEY
HAMPDEN, SS. SPRINGFIELD DISTRICT COURT
TO: Clerk of the Court
COMMONWEALTH vs. Richard Stebbins Docket No.:1323CR0284
COMMONWEALTH vs. Docket No.:
_
COMMONWEALTH vs. Docket No.:
_
COMMONWEALTH vs. Docket No.:
_
COMMONWEALTH vs. Docket No.:
_
FOR HEARING ON: MON TUES T HURS Date of Hearing: Court Room No.: FRI
~
--_
Notice must be in the hands of the Clergy three (3) days before the motion list. The
original motion must be filed in the Clerk's Office with this notice.
I hereby certify I have given notice in writing in the above case as required by the
*
Rules of the District Court of August 13, 1975 ...
* by delivering same personally or by mail to: DISTRICT COURT, PROSECUTING
ATTORNEY, COUNSEL for companion case, if private complaint to
COMPLAINING PARTY, POLICE DEPARTMENT involved, PROBATION
DEPARTMENT.
Date: May 20, 2013
COMMONWEALTH OF MASSACHUSETTS
HAMPDEN, SS. SPRINGFIELD DISTRICT COURT
DOCKET No.: 1323CR0284
)
COMMONWEALTH OF MASSACHUSETTS)
VS. )
)
)
RICKY STEBBINS )
---------------------------------)
MOTION TO WITHDRAW
AND MOTION TO APPOINT
COUNSEL FOR APPEAL
Now comes Counsel for the Defendant and hereby respectfully requests that this
Honorable Court allow him to withdraw as Counsel in the above-entitled matter, as the sole
purpose of this representation was to assist in filing the Notice of Appeal.
Further, the Defendant hereby respectfully requests that this Honorable Court appoint
counsel to represent him for the Appeal of the Conviction.
FOR THE DEFENDANT,
Date: May 20, 2013
Randy J.
Law Office of Randy J. Milou
P.O. Box 1015
West Springfield, MA 01090
Tel: 413-781-5400
Fax: 413-739-0801
BBO#: 666847
- 1 -COMMONWEALTH OF MASSACHUSETTS
HAMPDEN, SS. SPRINGFIELD DISTRICT COURT
DOCKET No.: 1323CR0284
)
COMMONWEALTH OF MASSACHUSETTS)
VS. )
)
)
RICKY STEBBINS )
------------------------------~)
MOTION TO WAIVE FILING
FEE AND COSTS
The Defendant hereby respectfully requests that this Honorable Court waive the filing fee
and all other costs, as he is indigent and without funds to pay them. The Defendant is
requesting representation by a Court Assigned Counsel, and was pro se at the trial (please see
the attached Affidavit of Indigency).
FOR THE DEFENDANT,
Date: May 20,2013
Randy J. .lou, q.
Law Office of Randy J. Milou
P.O. Box 1015
West Springfield, MA 01090
Tel: 413-781-5400
Fax: 413-739-0801
BBO#: 666847
- 1-COMMONWEALTH OF MASSACHUSETTS
HAMPDEN, SS. SPRINGFIELD DISTRICT COURT
DOCKET No.: 1323CR0284
)
COMMONWEALTH OF MASSACHUSETTS)
)
VS. )
)
RICKY STEBBINS )
)
AFFIDAVIT OF INDIGENCY
I, RANDY J. MILOU, do hereby depose and say that the following is true to the best
of my knowledge, understanding and belief:
1. The Defendant appeared pro se at the Trial that took place on May 1, 2013.
2. The Defendant does not have the financial ability or means to pay for the
Filing Fee and any other costs required herein and respectfully requests that
they be waived.
Sworn to under the pains and penalties of perjury this 20th day of May, 2013.
Randy J. Mil , q.
Law Offices fRandy J. Milou
P.O. Box 1015
West Springfield, MA 0I090
Tel: 413-781-5400
Fax: 413-739-0801
BBO#: 666847
I found out about those color photos the day of trial and fight to get copies: it never happened. I fought with attorney Randy Milo trying to get these color photos and he ended up filing a motion to withdraw
I finished medical assisting school with high honors and wasn't able to use my education because of the malicious damage to a motor vehicle charge on my record
5-20-2013
Intro
What was supposed to happen:
what actually happened:
why it matter:
Ai reflection and questions:
and then I learned that the police had filed a fake report and left off information, so i called Fitchet,
This goes all the way back to 1994 when my friend Tammy Lynds went missing. Right now acting Springfield police superintendent is someone i know from my past, Larry Akers was one of my soccer coaches during the period that Tammy went missing in 1994, i believe he was a detective at the time. His son also played on my soccer team. I ran into Akers again in 2013 he looked like he was a patrol officer then, this was while trying to file a complaint against his fellow officers for denying me medical attention. I had asked him about my friend Tammy at this time and he had no answers and I asked him if I was ever really a suspect and he said no and by the way he responded I honestly believed him.
6-5-2013
I got the response to my complain, it's hilarious that
those involved purposely left out 98% of my medical history.
they could've used that information to at least attempt to explain
their unlawful behavior. all my drs first judged me by my looks,
they missed vital information that could've helped me in many ways.
all of my issues are documented, whether i was able to describe them in
a way drs understood is a different matter. i never lied to my drs,
that's why i have all my answers today. Same officer who initially took my report handed me the R5
6-5-2013
Intro
What was supposed to happen:
what actually happened:
why it matter:
Ai reflection and questions:
and then i learned driver didn't have insurance
and then
6-19-2013
I used this piece of evidence every time I went back to court along with every other inconsistency I found the police report missing her insurance and registration information. I brought all of my medical records every time. I was a broken record. You can see by the plaintiff exhibit stamp that the court was well aware of everything that was going on and they chose to ignore it. I went down to the mayor's office and filed a complaint about being denied medical attention and this girl driving illegally and policed aided her
Intro
What was supposed to happen:
what actually happened:
why it matter:
Ai reflection and questions:
I paid victim witness fee
7-2-2013
Intro
What was supposed to happen:
what actually happened:
why it matter:
Ai reflection and questions:
and then I retuned to Maple st 8-8-2013 to see about filing a new complaint and asked about the girls insurance info, the officer handed me an incomplete R5 document after I asked. the driver was driving with a suspended license at the time. I aquire a complete R5 from a person named Brandon at the registry of motor vehicles on 5-29-2014 and from Massachusetts police 6-13-2014
I also sent emails to channel three news and spoke with a guy downtown Springfield and he said he was going to look into my case and then I never heard from him again and I drove down and channel 22 news in Chicopee I spoke to someone outside their news station and they were supposed to look into things and then I never heard from them again. Gave them copies of all the files I had at the time.
8-8-2013
went down to complaint department asking for registration and insurance info.
discovered officer who provided my report also tampered with it
on 5-29-2014 after talking to Brandon at the registry. Same officer who initially took my report
I reported the complaint officers altering and leaving out medical evidence to the
mayors office, the mayor was even in the office that day. it was just ignored.
shoulder MRI results arrived to dr march 5, I filed complaint on march 7
that means police also lied in my complaint, they state I signed a medical release
and that my xrays didn't show any signed of injury. of course not, the injury was on
my MRI report. even my dr said I had full range of motion and thought I was exaggerating
before the march 5-2013 results came back. Investigators can pick and choose what
information can be left out of reports? this is ridiculous
Intro
What was supposed to happen:
what actually happened:
why it matter:
Ai reflection and questions:
Court said evidence was finally logged in, but I was never allowed to have color copies of drivers vehicle.
8-9-2013 notified i had to appear in court for violation.
8-12-2013
I was ordered to show up to court for violating the anger management I was supposed to go to. i hadn't Started yet. Talking to the probation officer Janet Eli. Knew about the girl's lack of car insurance and me being denied medical insurance and being injured. I brought Judge Hadley a copy of the paperwork showing that Kishana did not have insurance that day and he said he needed the district attorney's office there to see it and then he went and had a conversation with Janet Eli in the backroom and I was allowed to leave. The violation was dismissed
8-20-2013
8-20-2013 I had a worker's comp meeting with the Department of industrial accidents this morning before I had to show up in court. I reported what was going on to the insurance company , my workers comp lawyer, to the Department of industrial accidents and they had no idea who to report these types of crimes to. Judge Hadley had that backroom conversation with Janet Eli and I was disgusted I didn't know how this could be allowed. Judge Hadley also said that he could not read this evidence unless Ada was present but he read the evidence and then said that which is pretty stupid but whatever.
9-9-2103
Notice received from CPCS appointment Anna Levine for appeal
9-12-2013
Defendant appearance and council filed by Anna Levine
9-13-2013
I had some sort of hearing with my car insurance company about the accident. I found this email 10-26-2025, I forgot I saved it in yahoo mail.
Richard Stebbins
September 9, 2013
Page 1
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COMMONWEALTH O F MASSACHUSETTS
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**** ********************
INSURED: Richard Stebbins
CLAIMANT: Richard Stebbins
DATE OF LOSS: 1/16/13
CLAIM NO: 13A16673
*********************. ******
EXAMINATION UNDER OATH OF:
RICHARD L. STEBBINS, JR.
CATUOGNO COURT REPORTING SERVICES
1414 Main Street
Springfield, Massachusetts
September 9 , 2013 11:00 a.m.
LISA A. REGENSBURGER
COURT REPORTER
CATUOGNO COURT REPORTING & STENTEL TRANSCRIPTION
Springfield, MA Worcester, MA Boston, MA Providence, RI
Electronically signed by Lisa Regensburger (401-126-248-1909) 51b1c43b-3d14-45b2-9623-af3a3215dde4
Richard Stebbins
September 9, 2013
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APPEARANCES:
Representing Quincy Mutual Fire Insurance
Company:
BY: TIMOTHY TAPPLY, ESQ.
BRAND & ASSOCIATES
555 Washington Street
Wellesley, MA 02482
781-431-7878 FAX: 781-431-7844
Representing the Insured:
BY: ERIC APPLEBAUM, ESQ.
FEIN, PEARSON & APPLEBAUM
52 Mulberry Street
Springfield, MA 01105
413-781-5400
Page 3
INDEX
WITNESS: RICHARD L. STEBBINS, JR.
EXAMINATION BY:
Mr. Tapply
PAGE:
4
EXHIBIT:
PAGE:
Exhibit 1, map.. ...41
Exhibit 2, statement.. ..71
Exhibit 3, PIP application ...107
Exhibit 4, statement. ...109
Exhibit 5, photos.. ..109
Exhibit 6 , photos.. ...110
Exhibit 7, Network Health card........23
(Exhibits retained b y counsel)
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RICHARD L. STEBBINS, JR. Witness, having
first been satisfactorily identified and duly
sworn, testifies and states as follows:
EXAMINATION B Y MR. TAPPLY:
Q. Sir, good morning.
A . Good morning.
Q . My name is Attorney Tim Tapply. I'm
a n attorney with the Law Firm of Brand &
Associates and we're here today for your
examination under oath, which is being taken o n
behalf o f Quincy Mutual Fire Insurance Company.
Today's proceeding i s obviously under
oath. You have been sworn in. And before we go
forward with some questions, I have a few
groundrules, if you will, for today's
proceeding.
A. Okay.
Q. I'm going to have a lot o f questions
for you, hopefully you will have some answers.
The extent that I'm asking you questions and you
know the question I'm asking, it's very easy for
Page 5
us, i n the course of normal conversation, t o
jump i n with an answer before I'm done with a
question. It makes her job very difficult. She
can't take down two people talking a t once. S o
I'm going to ask you to let me finish m y
question before you give your answer. I will do
m y best t o let you do the same; I will let you
finish your answer before I start m y next
question.
If your attorney happens to mention
something or say something during the course o f
questioning, give him a moment to get what he's
saying out as well before you jump i n with a n
answer.
All right?
A . Yes.
Q. If you don't understand my question
today for any reason, whatsoever, either you
didn't hear me or you didn't understand i t or
you would like me t o repeat i t o r rephrase it,
just let me know. I'm happy t o do so.
All right?
A. Okay.
Q . I never want you to guess. If you
CATUOGNO COURT REPORTING & STENTEL TRANSCRIPTION
Springfield, MA Worcester, MA Boston, MA Providence, RI
Electronically signed b y Lisa Regensburger (401-126-248-1909) 51b1c43b-3d14-45b2-9623-af3a3215dde4
Page 6 Page 8
1 don't know an answer to the question, the answer 1 A . Right now I'm out on workers'
"I don't know" or "I don't remember" or whatever
compensation.
3 is perfectly acceptable. 3 Q . And what is the nature of the injury
All right? 4 which has resulted in you being out o f work,
5 A. Okay. 5 receiving workers' compensation benefits?
6 Q. Now, if you say I don't know or I A. I have two knots in my trapezius and
don't remember, I might ask you t o sort of one knot in my rhomboid in my back.
8 approximate or I might ask you some details Q . Which side?
9 about the issue t o try t o narrow i t down a 9 A . My right side.
1 0 little bit, but I don't want you t o guess. 10 Q. When you say "two knots," what do you
1 1 Fair enough? 11
12 A . Yes. mean by knots, if you know?
1 2 A. The doctor told m e they're knots. I
13 Q. Okay. If you need to take a break 13 don't know how else to describe them.
1 4 for whatever reason, that's fine, let me know. 1 4 Q. And for how long have you been out of
15 M y only request is that i f I have asked a 15 work for that particular issue, the knots in
1 6 question, that you go ahead and give an answer 1 6 your trapezius?
17 before we take a break. 17 A. July 10, 2012.
18 Fair enough? 18 Q. And was there a particular incident
19 A. Yes. 19 which caused that injury?
20 Q . Sir, your full name is Richard 2 0 A. Yes. That day at work I was sliding
21 Stebbins? 21 some boxes and that caused the injury.
22 A. Richard Louis Stebbins, Jr. 22 Q . Where were you working at that time?
23 Q. Louis is L-O-U-I-S? 23 A. Advantage Sales and Marketing.
2 4 A. L-O-U-I-S. 2 4 Q. You said Advantage Sales and
Page 7 Page 9
1 2 Q. What's your date of birth? A. October 8, 1978. 1 Marketing?
A . Yes.
3 Q . I'm going to ask you for your social Q. What was the title that you had?
security number. I would like you to give me A . Reset specialist.
5 the full number. But just so you know, the only 5 Q. For how long had you been working
6 thing that will appear on the written transcript there as of July 10, 2012?
7 is the last four numbers. A. Was the previous March, I believe.
A. 7605. 8 So it's a year and a few months.
Q. What i s your current address? 9 Q. So you would have started there
1 0 A. 54 Hope Street, H-O-P-E, in 1 0 somewhere around March o f 2011?
11 Springfield, Mass 01119. 11 A. Yes.
12 Q . I s that a home o r a n apartment? 1 2 Q . Where were you last employed prior t o
1 3 A. That's my mother's house. It's a 13 Advantage Sales & Marketing?
14 home. 1 4 A. I believe i t was Allied Rehab in
1 5 1 6
Q. And with whom d o you live there?
A. My mother, my sister, my nephew, and 1 5 Enfield, Connecticut.
1 6 Q. And what kind of position did you
17 my wife. 17 hold with Allied Rehab?
18 Q. And what is your wife's name? 18 A. Residential staff.
1 9
A. Laura. 19 Q. What d o you mean b y that?
2 0
2 1
Q. Same last name?
2 0 A. I worked with the mentally
2 2 A. Yes.
Q . D o you have any children? 21
2 2
challenged.
2 3 A.. No.
Q. Approximately how long did you work
23 with Allied Rehab?
2 4 Q . Are you currently employed? 24. A... I'm not sure.
Richard Stebbins
September 9, 2013
3 (Pages 6 to 9)
CATUOGNO COURT REPORTING & STENTEL TRANSCRIPTION
Springfield, MA Worcester, MA Boston, MAr Providence, RI
Electronically signed by Lisa Regensburger (401-126-248-1909) 51b1c43b-3d14-45b2-9623-af3a3215dde4
Richard Stebbins
September 9, 2013
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Q. When did you stop working for them?
A. I believe i t was in the summer.
Might have been in the fall of 2010.
Q. And why did you stop working for
them?
A. I'd worked for my dad's girlfriend's
sister, and my dad and his girlfriend broke u p
so it became a conflict of interest.
Q . Was your dad's girlfriend's sister - -
A. Was my boss.
Q. At Allied Rehab?
A . Yes.
Q. Have you ever filed any previous
workers' compensation claims?
A. Back i n 19991 was injured at work.
Q . What was the nature o f your injury?
A . Sheet metal had fallen off a shelf
and cut my right calf.
Q. Okay. Going back a little bit, are
you originally from the Springfield area?
A . Yes.
Q. Did you attend high school in
Springfield?
A. Yes.
Page 11
Q . Which high school is that?
A. Putnam Vocational Technical High
School.
Did you graduate from that
institution?
A. Yes.
Q. In what year?
A. 1996.
Q. After finishing high school, did you
attend any secondary education, college or
whatnot?
A. I've been attending college for
years, so yes.
Q. Have you received your college
degree?
A. No. And I also did a secondary
schooling at Branford Hall.
Q. I'm sorry. Where?
A. Branford Hall.
Q. What was the nature of your schooling
a t Branford Hall?
A. Medical assisting. And I received a
certificate.
Q. Have you ever worked as a medical
4 (Pages 1 0 to 13)
Page 12
1
assistant?
2
A. No.
3
Q. What year did you receive that
4
certificate?
5
A. This year.
6
Q. 2013?
7
A . Yes.
8
Q. Did you take courses directly at
9
Branford Hall; were they online courses?
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A . A t Branford Hall.
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Q. Where is Branford Hall located:
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A. Industry Avenue in Springfield.
13
Q. D o you recall which month you
14
received that certificate?
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A . I believe i t was May. It might have
1 6
been April. I'm not positive.
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Q. And did you take classes right up
18
through until the time you received the
19
certificate? A. Yes.
2 0
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Q. How many days a week were you
2 2
attending classes there?
2 3
A. Four.
2 4
Q. And how did you get back and forth to
Page 13
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classes?
A. I either drove o r rode my bicycle.
Q. About how far is Branford Hall from
where you live?
A. Two miles.
Q. And the address you provided earlier,
your mother's home, how long have you lived
there, approximately?
A . I moved in back last March.
Q. That's March 2012?
A . Yes.
Q . Where did you live prior to that?
A . West Warren, Massachusetts.
Q . With whom did you live i n West
Warren?
A. My father bought a two family, so I
lived on one side with m y wife and he lived o n
the other.
Q. Ever serve in the military?
A. No.
Q. Have you ever been incarcerated?
A . Prison time, you mean?
Q . Yes. Have you ever been incarcerated
in prison?
CATUOGNO COURT REPORTING & STENTEL TRANSCRIPTION
Springfield, MA Worcester, MA Boston, MA Providence, RI
Electronically signed b y Lisa Regensburger (401-126-248-1909) 51b1c43b-3d14-45b2-9623-af3a3215dde4
Richard Stebbins
September 9, 2013
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A. No.
Q. Have you been convicted of any crimes
in the last ten years?
A. Yes.
Q. Of what crimes have you been
convicted?
A . Malicious damage to a motor vehicle.
Q. Is that in connection with a
January 16, 2013 event?
A. Yes.
Q. Have you been convicted o f any other
crimes i n the last ten years?
A. No.
Q. Since going out on workers'
compensation after your July 10, 2012 injury,
other than workers' compensation d o you have any
other source of income?
A. No.
Q . Do you own any houses, homes, real
property?
A. No.
Q . Back in January of 2013 - I'm sorry.
You were living a t your mother's home at that
time?
Page 15
A . Yes.
Q. I n addition t o your mother, your
wife, and yourself, was your sister and your
nephew also living there at that time?
A. Yes.
Q. Does your mother drive?
A. Yes.
Q. And does she own a car?
A . Yes.
Q . Is that car insured with a policy o f
insurance i n Massachusetts?
A. I believe so.
O. And d o you know with whom she's
insured?
A . No.
Q . Your wife, does she have a car?
A. Yes.
Q . Does she insure that vehicle as well?
A . Yes.
Q. Do you know with whom she has
insurance?
A. No.
Q. What about your sister?
A. She has a car. It's insured, but I
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Page 16
don't know.
Q. And how old is your nephew?
A. Seven.
Q. I'm going to go ahead and guess h e
does not have a car.
A. No.
Q . Prior to -- strike that.
On January 10, 2012, when you had
that incident a t work, what happened?
A . I was sliding boxes across a shelf.
And I had a cast on my arm from surgery and
someone didn't clean the shelves beforehand, the
boxes stopped, causing my body to keep going, my
arm didn't, and it tore, or I felt like tearing,
is what I described i t as, my shoulder and my
back. And ever since then I have had knots
there.
Q. You said you've already had your arm
in a cast. Which arm?
A . My left arm was in a cast.
Q . You said you had surgery on your left
arm?
A. Yes.
Q . What was the nature o f the surgery?
Page 17
A. Tendonitis in m y left elbow and torn
ligaments in my left wrist.
Q. And how did you tear the ligaments in
your left wrist?
A. I don't know.
Q . D o you know how you developed the
tendonitis in your left elbow?
A. I don't know.
Q. Where was the surgery performed?
A. Through Baystate, part o f New England
Orthopedic Surgeons.
0. But when you were injured on July 10,
2012, that was t o your right arm, not your left
arm?
A. Not my left arm. Just my shoulder
and back area. It didn't damage my arm at all.
Q. Other than surgery to your left elbow
and left wrist - - strike that.
When was that surgery performed on
your left elbow and left wrist?
A. I think it was four weeks prior to
the injury on July 10th, so approximate. I
don't know the exact date.
Q. Sometime June/July timeframe 2012; is
5 (Pages 14 to 17)
CATUOGNO COURT REPORTING & STENTEL TRANSCRIPTION
Springfield, MA Worcester, MA Boston, MA Providence, RI
Electronically signed b y Lisa Regensburger (401-126-248-1909) 51b1c43b-3d14-45b2-9623-af3a3215dde4
Richard Stebbins
September 9, 2013
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that fair to say?
A. Yes.
Q. Who was the surgeon who performed
that surgery, i f you know?
A. Dr. Adler.
Q. D o you know if Dr. Adler is still
with New England Orthopedic Surgeons?
A. Yes.
Q. Other than that surgery, have you
ever had any other surgeries?
A. I've had right knee surgery and right
shoulder surgery.
Q . When did you have right knee surgery?
A. Sometime around July 2011.
Q. What were the injuries that
necessitated surgery on your right knee?
A . I had a cyst underneath m y kneecap.
Q . Who performed that surgery, i f you
know?
A. Dr. Corsetti.
Q . And where was that surgery performed?
A. New England Orthopedic Surgeons.
Q . Did you injure your knee or was that
a chronic condition?
Page 1 9
A. They don't know what happened. It
was just not there one day and there the next.
Q. And how is i t that that knee bothered
you o r affected you?
A. I ran a lot and it swelled when I
ran. I t disappeared as soon as I stopped
running.
Are you a competitive runner?
A. I run for benefits and local things.
What's the last benefit i n which you
Q.
ran?
A. SIDS race, October 2011.
Q . Have you run i n any races of any type
since that time?
A. I've tried to, but I walked a race,
the St. Patrick's Day race.
Q. What year was that?
A . This year, 2013.
Q.
Why did you have to walk in that
race?
A. My ankle wouldn't allow me t o run.
Q. Which ankle?
A. M y right ankle. Sorry.
Q. And you haven't run any other races
6 (Pages 18 to 21)
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at all since the SIDS race i n 2011?
A. No.
Q. You entered any but not completed any
other races other than the race St. Patrick's
Day?
A. I didn't enter that race. You could
do it for free. So I attempted to do it and was
unable.
Q. Did you attempt to participate i n
this race with some friends or family?
A. My brother and my wife.
Q. What's your brother's name?
A. Robert Stebbins.
Q. Did your brother Robert live here in
the Springfield area?
A. Monson.
Q. Other than running, did you d o
anything else for physical activity o r exercise?
A . I work out.
Q . What kind of workout?
A. Weights.
Q. And where d o you lift?
A. Planet Fitness.
O. Which facility?
Page 21
A. Springfield, Mass. Carando Drive.
Q. For how long - - strike that.
Are you a member o f Planet Fitness?
A. Yes.
Q. For how long have you been a member?
A. Just recently this last March for
2012 I resigned up.
Q. And for how long have you been going
to that facility on Carando Drive?
A. Five years.
Q. Have you ever competed i n any
bodybuilding or weightlifting-type competitions?
A. No.
Q . D o you have a specific group of
people with whom you work out or lift?
A . No.
Q . When you go to that Planet Fitness,
is there a sign-in sheet that you sign i n each
time or d o you swipe a card?
A. They take my card number.
Q . I s your account a t Planet Fitness i n
your name or someone else's name?
A . In m y name.
Q. How often do you go when you work
CATUOGNO COURT REPORTING & STENTEL TRANSCRIPTION
Springfield, MA Worcester, MA Boston, MA Providence, RI
Electronically signed b y Lisa Regensburger (401-126-248-1909) 51b1c43b-3d14-45b2-9623-af3a3215dde4
Page 22 Page 24
1 out? 1 weights as you do with the machines.
2 A. Three times a week. 2 Q . With your weightlifting, do you track
3 Q. Have you always gone three times a 3 your progress?
4 week? 4 A. Not anymore.
5 A. Yes. 5 Q. When i s the last time you did track
7
Q. Do you follow a specific schedule 6 your progress?
when you g o three times a week, such as one day 7
Q. How was it that you tracked the
8 is upper body, the next day i s lower body,
A. January of 2013.
9 something like that? 9 progress?
I had it written down on my computer.
1 0 A. Not anymore. 10 A.
11 Q. When did you last follow that type of 11 Q. You kept like a weightlifting log
12 routine? 12 type of thing?
1 3 A. January of this year. 13 A . Yes.
14 Q. What was your routine when you last 14 Q . And you haven't erased that log, have
1 5 used the routine, what was your routine? 15 you?
1 6 A. Chest and tri on Monday, back and bi 16 A. It's gone. I don't have the same
1 7 on Wednesday, legs on Friday. 17 computer anymore.
18 Q. But you stopped that routine in 18 Q. What happened to the computer?
1 9 January of this year? 19 A. I'm not sure. It stopped working.
2 0 A. Yes. 2 0
2 1 Q. Why did you stop that routine?
21 Q. Did you get rid of that computer or
do you still have it?
22 A. Because of the nerve damage in my
22 A. I got rid of it.
2 3 right arm and the injury to my right ankle. 23 Q. You have a new computer now?
2 4 Q. But you're still going back to Planet 24 A. Yes.
Page 2 3
Fitness now? Page 2 5
Q. And you don't track your workouts
2 A. Yes. 2 anymore?
Q. What kind of exercises have you done 3 A. No.
4 at Planet Fitness since January 2013? 4 Q . You said, sir, that you also had
5 A. I do light weights and I use the 5 right shoulder surgery?
6 machines. 6 Yes.
Q. What kind of machines do you use? Q . When was that?
8 A . The machines that don't require 8 A . The same, July 2011. It was all
9 single-handed exercises, that you can balance within a two-or three-week time period.
1 0 both arms instead o f using one. Why did you need right shoulder
11 Q. Do you still do or undertake lower 11
12 body exercises such as legs? surgery?
12 A. I had bone spurs that were affecting
13 A. Yes. 13 my range o f motion.
1 4 Q. Are the leg exercises that you d o now 1 4 O. Do you know how you developed those
1 5 the same a s you did prior to January 2013? 15 bone spurs?
1 6 A. The same exercises, just considerably 16
A. No.
17 less weight.
1 8
Q. But that's for lower body?
17 Q. Who performed the surgery o n your
18
1 9 A. Yes.
right shoulder?
2 0 Q. For your legs. What about upper 19 A. Dr. Karas.
20 Q. I s Dr. Karas associated with
21 body, same exercises or different from prior to 21 Northeast or New England?
2 2 January 2013? 22 A. New England Orthopedic Surgeons.
2 3 A.
They're different because you can't 23 Q . And how did the right shoulder bone
2 4 replicate the same exercises with the free 24 spurs, how did they affect you?
Richard Stebbins
September 9, 2013
7 (Pages 2 2 to 25)
CATUONO COURT REPORTING & STENTEL TRANSCRIPTION
Springfield, MA Worcester, MA Boston, MA Providence, RI
Electronically signed b y Lisa Regensburger (401-126-248-1909) 51b1c43b-3d14-45b2-9623-af3a3215dde4
Richard Stebbins
September 9, 2013
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Page 26
A. They would impede my movement. I
would go to lift it and they would at times stop
my arm from moving or pop over the joint, like
i f I pushed my hand over a pencil, pop.
0. Did you ever learn from Dr. Karas or
anyone else what caused the bone spurs?
A. They're not sure.
Q. And after the right shoulder surgery,
was your shoulder back to normal?
A. 100 percent the same week.
Q. You had 100 percent range of motion
after that?
A. 100 percent.
Q . Besides July 2011, when you had the
right shoulder surgery, and January 16, 2013,
during that time frame, during that window, did
you ever have any other problems with your right
shoulder?
A. No.
Q. After the surgery o n your right
shoulder in July 2011, how long did i t take for
your shoulder to get back to 100 percent?
A. I believe i t was the next day.
Q. Well, after the surgery, obviously,
Page 27
you went through some period o f recovering from
the surgery itself, right?
A . The doctor told me to go easy, but I
honestly felt no affects, whatsoever, negative
from the surgery.
Q. So the day after the surgery you felt
100 percent?
• A . Yes.
Q. Was the surgery done orthoscopically?
A. Yes.
Q . Now, back in July o f 2011, did you
have a primary care physician?
A. Yes.
Q . Who was that?
A. Mark Skalski.
Q. D o you know how to spell that?
A. S-K-A-L-S-K-I.
Q. And with which practice o r facility
is Dr. Skalski affiliated?
A . RiverBend Medical Group.
Q . And for how long has he been your
primary care physician, approximately?
A. I believe four years.
Q . He's still your PCP?
8 (Pages 2 6 to 29)
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Page 28
A. Yes.
0 . Between July 2011, when you had the
shoulder surgery, and January 16, 2013, did you
ever reinjure your right shoulder?
A . No.
Q . During that time period did you have
any other problems with any other part o f your
right arm, elbow, forearm, wrists, hand,
A . I have tendonitis in my right elbow
and the doctor said same, torn ligaments in m y
right wrist as in the left side.
Q. And that was present prior to
January 2013?
A. Yes.
Q . And how did the tendonitis i n your
right elbow and torn ligaments in your right
wrist manifest themselves?
A. I have no idea.
Q. When I say "manifest themselves," did
that cause you any pain?
A . I had slight pain in my right elbow
and slight pain on the underside of my right
wrist.
Page 29
Q . On a scale of zero to ten, zero being
no pain, whatsoever, ten being the worst pain
humanly imaginable, how would you rate the pain
i n your right elbow and wrist prior t o
January 2013?
A. In the months leading up to that, i t
was probably three or four.
Q . When you say "leading up to that,"
leading up to January 16, 2013?
A. Yes. Prior to that, when I had the
surgery on my left elbow, there was pain, but I
have had therapy on my right elbow and wrist.
Q. When did you have therapy on your
right elbow and wrist?
A. It was a month or two before the
surgery on my left arm. I'm not -- I'm not
positive.
Q. It would have been back i n say the
spring of 2010?
A . I believe so.
Q . That's when you had the therapy i n
your right arm and wrist?
A . Yes.
Q . And was your condition i n your right
CATUOGNO COURT REPORTING & STENTEL TRANSCRIPTION
Springfield, MA Worcester, MA Boston, MA Providence, RI
Electronically signed by Lisa Regensburger (401-126-248-1909) 51b1c43b-3d14-45b2-9623-af3a3215dde4
Richard Stebbins
September 9, 2013
Page 3 0
Page 3 2
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elbow and wrist improved after that therapy in
1
injection in your neck last week?
2010?
A. The doctors at Pioneer Spine & Sports
A. Yes.
believe I have a pinched nerve which is causing
Q . Was there ever a discussion o f you
the knots i n m y neck or my shoulder and m y back.
having the same surgery o n your right arm a s you
Q. I'm sorry. You said that was at
had in your left arm?
Pioneer?
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A. Yes.
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Q.
And when was that discussion had?
8
Q. And the doctors associated that
A.
Around the time that I had the
9
pinched nerve with the trapezius condition you
surgery on m y left arm.
10
have connected to the workers' compensation
Q. And how come you didn't have the
11
injury, right?
surgery o n your right arm?
12
A. They believe that might be it.
A. The left arm had no improvement,
13
They're saying they're taking a shot in the dark
whatsoever, but the right arm did, so he wanted
1 4
because the knots are still there.
me t o wait.
15
• But that cortisone injection and the
When you say "no improvement," you
1 6
pain in your trapezius has nothing to d o with
had no improvement from the therapy?
17
the January 16, 2013 events, right?
A . Yes. I had therapy i n both arms.
1 8
A. No.
The left arm had no improvement, the right arm
19
Q. You've described to m e two separate
did.
20
workers' compensation injuries. The first one
Q. And the level pain of three to four
21
you mentioned was when a sheet metal fell and
out of ten, that was several years after the
22
cut your ankle; is that correct?
surgery you had that level of pain?
A. I didn't have surgery on my right
23
A . I t cut my right calf.
2 4
Q . Where on your calf, up high or down
Page 31
Page 3 3
arm. That's -- the three to four was on my
1
low?
right arm. I didn't have surgery.
2
A. Directly in the middle of the muscle.
Q. I understand. Let m e ask i t this
3
I t cut i t in half.
4
way: The three t o four out o f ten pain level,
Q. Did you have surgery t o repair that?
5
that was the level o f pain you had well after
A. All it required was sutures.
the therapy i n the months prior t o the
6
Q. Sir, do you currently have health
January 2013 event?
7
insurance?
8
A. Yes.
8
A. Yes.
Q. Other than the slight pain, did you
9
Q. With whom?
10
have any other symptoms associated with your
10
A. Network Health.
11
right elbow, right arm, right wrist, or right
11
Q . Who is the subscriber o n that policy?
1 2
hand?
12
A. I'm not sure what you mean.
1 3
A. No.
13
Q . Is the health insurance, is that
14
Q. Have you ever injured your neck prior
1 4
through you or through your wife o r someone
1 5
t o January 16, 2013?
15
else?
16
A . Not that I'm aware of.
1 6
A. It's through me, part of the state.
1 7
Q . Have you injured your neck since that
17
Q. D o you have a Network Health card?
18
day?
18
A. Yes.
1 9
A. No.
1 9
Q . Is that something you have with you
20
Q. Have you ever been treated for any
20
today?
21
problems, physical problems, with your neck?
21
A . Yes.
2 2
A . Last week I got a cortisone injection
22
Q. When we take a break I'm probably
2 3
in my neck.
23
going t o make a copy of that. All right?
24
24
Q. Why did you have a cortisone
A. Uh-huh.
9 (Pages 3 0 to 33)
CATUOGNO COURT REPORTING & STENTEL TRANSCRIPTION
Springfield, MA Worcester, MA Boston, MA Providence, RI
Electronically signed by Lisa Regensburger (401-126-248-1909) 51b1c43b-3d14-45b2-9623-af3a3215dde4
Page 34 Page 3 6
Q. And for how long have you been 1 Q. Where did that occur?
covered under Network Health? 2 A. On Wal-Mart on Boston Road i n
A. I'm not sure. It's after I started 3
with Advantage Sales and Marketing. Springfield.
4 Q. What time o f day was it?
Q. D o you know i f you were covered b y a 5 A . A t the moment I can't remember
policy of health insurance prior to being 6 exactly what time.
covered by Network Health? 7 Q . Morning, noon, afternoon, evening?
A. No, I wasn't. 8 A. Afternoon.
Q. Prior to January 10, 2012, had you 9 Q. Why were you a t Walmart?
10 ever injured your right shoulder? 10 A. Shopping.
1 1 A. No. 11 Q. Were you with anybody else?
1 2 Q. With whom have you been receiving 12 A. No.
1 3 medical treatment o r by whom have you been 13 Q. How did you get there?
1 4 treated for your right shoulder injury since 14 A . I drove.
1 5 July 2012? 15 Q . And which vehicle did you drive?
1 6 A . I believe Dr. Karas at New England 16 A. My Honda Accord.
17 Orthopedic Surgeons and then Dr. Skerker at 17 Q. And what had you done that day prior
18 Pioneer Spine & Sports. 1 8 to going to Walmart?
1 9 0 . S o the two facilities are Pioneer 19 A . I don't remember.
2 0 Spine & Sports and New England Orthopedic 20
2 1 Surgeons?
Q. What day o f the week was
A. Wednesday.
2 2 A. Yes. 21 January 16th?
22
2 3 Q. Since July o f 2012 have you received 23 Q . Was that a day you would have gone to
2 4 any physical therapy for your right shoulder? 24 the gym?
Page 3 5 Page 3 7
1 A . Yes. 1 A . Yes.
2 Q. And where have you received the 2 Q. Do you know i f you had been to the
physical therapy? gym already that day?
A . It's part o f New England Orthopedic 4 A. I don't remember if I went i n the
Surgeons, but it wasn't in the same facility. 5 morning, ifI was planning on going before
Q. Where was that located? 6 school.
7 A. I don't recall the name, but i t was 7 Q . And what time were your classes
8 on Bicentennial Highway in Springfield. 8 scheduled on Wednesdays?
Q. Just a few other questions before we A. They start at 5:30.
1 0 get to the January 16th events. 10 Q.5:30 p.m.?
11 What i s your mother's name? 11 A . Yes.
1 2 A. Linda Stebbins. 1 2 Q. How many classes would you normally
1 3 Q. And your wife? 1 3 have o n Wednesdays?
14 A . Laura Stebbins. 1 4
A. Four.
1 5 Q. I'm sorry. That's right. 1 5
Q. So how late would they g o in the
1 6 Your sister? 1 6 evening?
17 A. Katherine Stebbins.
17 A. 9:30.
18
Q. Do you happen t o know if you are
1 9 listed a s an authorized operator under any other
1 8
Q. Was 9:30 the start o f the last class
19 or end of the last class?
20 policies of motor vehicle insurance? 20 A. End o f the last class.
21 A. Not that I'm aware of.
2 2 Q . So o n January 16, 2013 I understand
21 Q. Did you have the same class schedule
22 all five days of the week?
2 3 you were involved in an incident on that day. 2 3 A. Four days.
2 4 A. (Witness nodding) 24 Q. What were the four days?
Richard Stebbins
September 9, 2013
1 0 (Pages 34 to 37)
CATUOGNO COURT REPORTING & STENTEL TRANSCRIPTION
Springfield, MA Worcester, MA Boston, MA Providence, RI
Electronically signed by Lisa Regensburger (401-126-248-1909) 51b1c43b-3d14-45b2-9623-af3a3215dde4
Richard Stebbins
September 9, 2013
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Page 38
A. Monday through Thursday.
So back in January 2013 you had
classes from 5:30 p.m. until 9:30 p.m., Monday
through Thursday?
A. Yes.
Q. Would you normally go to the gym and
exercise before classes o r afterwards?
A. Before.
Q. And the classes that you were taking
back o n January 16, 2013, did you continue t o
take those classes after that day?
A. Yes.
Q. Did you complete the courses that you
were involved in in January 2013?
A. Yes.
Q. How many days, if any, of school,
classes did you miss?
A. One.
Q. Was that just on January 16th that
you missed classes?
A. Yes.
Q . You said that you were by yourself a t
Walmart?
A. Yes.
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Page 40
the car? Generally, where were you?
A. Halfway.
Q. Other than the Walmart, are there any
other businesses that are in that general area?
A.
There's a strip mall with a game
store, some clothing stores to the left and the
front of the building, and a Sonic out by Boston
Road.
Q . Sir, I'm just going to show you some
photographs, Goggle Map images, really, o f the
Walmart shopping and parking lot areas. If you
could just take a look at these. And i f you are
able to identify, using any o f these
photographs, where you were when you were struck
by the white SUV, please let me know which one,
and we will mark that particular map as an
exhibit. Okay? MR. TAPPLY: Do you want to see
these first?
MR. APPLEBAUM: No. Go ahead.
THE WITNESS: Right here by the
shopping cart.
MR. TAPPLY: Why don't we mark
this as Exhibit 1.
Page 3 9
Q. What were you shopping for?
A. Groceries.
Q. Do you know where you were going t o
once you were going t o leave Walmart?
A. Yes.
Q. Where were you going?
A. Home.
Q . And what happened at Walmart?
A. I was hit b y a car when I was leaving
Walmart.
Q. Where were you when you were hit?
A . I was in the parking lot, walking
back to my car.
Q . What kind of a vehicle was it that
hit you?
A. A white SUV.
Q. Do you know what kind o f a vehicle it
was?
A. At the time, no.
Q. Do you now know what it was?
A n Acura MDX.
Where were you in relation t o your
vehicle versus the store; had you just walked
out of the store, were you just about to get in
Page 41
(Exhibit 1, photo, marked)
Q . (By Mr. Tapply) Sir, i f you could,
just draw a circle around where you were.
A. (Witness complying)
Q. And I'm just going to highlight a
small circle that you have drawn and make it
show up a little bit better.
Have I just highlighted the area,
sir, where you have drawn the circle?
A . Yes.
O . And that small circle indicates where
you were when you were struck by the white SUV?
A . Approximately.
Q. And were you walking towards the
white building that's shown i n the bottom of
Exhibit No. 1, or were you walking away from
that?
A. Away.
Q. And where, approximately, was your
vehicle parked? Why don't you draw an X where
your vehicle was parked.
A. (Witness complying)
Q . And I know it's a little difficult t o
11 (Pages 38 to 41)
CATUOGNO COURT REPORTING & STENTEL TRANSCRIPTION
Springfield, MA Worcester, MA Boston, MA Providence, RI
Richard Stebbins
September 9, 2013
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Page 42
see, but you've drawn an X right over the word
"shopping" where it says "Springfield Plaza
Shopping Center"; is that correct?
A. Yes.
Q . And that is approximately where your
Honda was parked?
A. Yes.
Q . When you were walking down this lane,
were you walking on what would have been your
left side o r the right side o f the lane?
A.. When I started I was on the right;
when I crossed, I was on the left.
Q . And the white Acura that struck you,
which direction was that vehicle traveling?
A. Towards Walmart.
Q. S o the white vehicle was coming
towards you when this incident occurred?
A. Yes.
Q. Okay. And when you were walking
towards your vehicle, were you doing anything
else: talking o n your phone or speaking to
anyone?
A . I was looking at the ground.
Q. And were you carrying anything i n
Page 4 3
either of your hands?
A. Yes.
Q . What were you carrying?
A . A bag of groceries and a gallon of
milk.
Q . Were you carrying that in one hand or
did you have the groceries and milk in both
hands?
A. The milk in my left and the groceries
in my right.
Q . The groceries, d o you remember, were
they in a plastic or paper bag o r something
else?
A. Plastic.
Q. Were you carrying the plastic bag in
your hand or did you have them bundled u p next
t o you or were you carrving them i n some other
manner?
A. Well, I was holding them in my hand
by the handle.
Q . Where were you - strike that.
Where was this white SUV when you
first saw it?
A. In the middle third of the lane,
12 (Pages 42 to 45)
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Page 44
about 30 feet away, 40 feet away.
Q . Heading towards you?
A . Coming towards me.
Q. And a s the white SUV proceeded
towards you, did i t have directional flashers on
or hazard lights o r anything?
A . No.
Q . And how was i t that the vehicle
struck you, what happened?
A . I didn't see it strike me. But I was
looking down at the ground and i n a blink o f an
eye m y wrist had twisted, the milk had - - the
top tore in my hand, a mirror hit my right
biceps, and then her rear tire stopped, rear
passenger tire stopped on my foot.
Q . You said you were looking down at the
ground and you didn't actually see the vehicle
hit you; is that correct?
A. Correct.
Q. Well, i f you are looking down at the
ground, how do you know i t was a white SUV that
was coming at you?
A . Previously, before I had looked up to
make sure that i t was clear, and I saw her
Page 45
slowing down.
Q. When you saw the white SUV
approximately 30 feet away, between that moment
and the moment you were struck, did you look up
and see the SUV again?
A. No.
Q . So as the vehicle's approaching you,
you were looking down, you didn't see the
vehicle again?
A. Correct.
Q. And you said that something - strike
that.
You stated that your right wrist
twisted, the top o f the milk ripped off; is that
correct?
A . Correct.
Q. What caused your right wrist to twist
and the top o f the milk to rip off?
A. The body of the car hit the milk,
twisted it, and it hit my leg. And there was
nowhere else for it to go and i t just tore.
Q . What part of car hit the milk?
A . I believe i t was the wheel well, part
o f the body right there.
CATUOGNO COURT REPORTING & STENTEL TRANSCRIPTION
Springfield, MA Worcester, MA Boston, MA Providence, RI
Electronically signed by Lisa Regensburger (401-126-248-1909) 51b1c43b-3d14-45b2-9623-af3a3215dde4
Page 48
Page 4 6
1
2
3
Q. But you were still looking down at
the ground a t this point, right?
4 Q . So you didn't actually see which part
5 of the vehicle struck the milk?
6 A . Correct.
7 Q. And then afterwards some other part
8 of the vehicle struck your arm; is that correct?
9 A. The passenger's side mirror hit m y
1 0 arm.
11
Where on your arm did the passenger's
12
side mirror hit you?
13 A. I n the middle part o f my biceps and
1 4 right above m y elbow.
1 5 Q. How do you know it was the mirror
1 6 that hit you?
17 A . I saw it out of the corner o f m y eye
18 and it slammed to the side o f the car.
1 9 Q. What slammed to the side o f the car?
2 0 A. The passenger's side mirror.
2 1 Q. So the mirror folded back?
2 2 A. Correct.
2 3 Q. Did the mirror break, if you know?
2 4 A.
Page 4 7
1 Q. When something struck the milk - - was
2 it a gallon o f milk?
3 A. Yes.
Q. What kind of container was it in?
5 A. Plastic.
6 Q. So when something struck the gallon
7 of milk i n the plastic container, what did you
8
10 1 1 do.
12 I was in instant pain. It was so
fast that I didn't even - - I didn't know what t o
Q. But the moment that it hit the milk,
13 did you move your body, did you step out of the
14 way, did you dive out of the way, did you do
1 5
anything?
1 6
A. All I remember, i t happened so fast,
1 7
something -- some part of the car hit the milk.
1 8 the mirror hit me, and I began t o slip.
1 9 So i n between some part o f the
2 0 vehicle - - some part of a vehicle hitting the
2 1 milk and the mirror hitting your biceps, you
2 2 didn't move out of the way at that time?
2 3 A. I
I couldn't. I started to slip on the
24 ice.
1
didn't get thrown out of the way?
A. No.
5
A. trash on the ground.
9
Q. What were 10 A. Sneakers.
Q. And what were 11
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torso?
A. 1 4
15 A. Yes. With a hood.
16
17 direction were you 18
1 9 underneath the car.
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22 very fast.
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your right biceps, 5
you stated?
A. Q. All right. did the vehicle stop?
A. I guess the 9 skin and bones o n that side.
10
1 2
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11 of any part o f your foot?
A. No. A t the 14
1 5 statement?
1 6 A.
17 I thought it was o n 18 Q.
19
2 0 A. No. Yes.
2 1
2 2
2 3
Subsequent 24
Q. Okay. From the time that something
hit the milk and the mirror hit your biceps, you
Q. What was the condition of the parking
lot in the area where you were standing?
There was ice and piles o f snow and
you wearing on your feet?
you wearing on your
I had a gray sweatshirt on.
Q. Was it a long-sleeved sweatshirt?
Q. You said you started to slip. Which
slipping?
A. M y legs were beginning to g o
Q. And when did you start to slip?
A. Pretty much instantly. It happened
Q. You said you were wearing sneakers o n
your feet. You mentioned after the mirror hit
Page 49
after that the passenger's
side rear tire ran over your foot; i s that what
I t ran and stopped on my right foot.
Where on your right foot
- - on my sneaker and
pressure was placed on m y pinkie toe and the
Q. Was the tire actually parked o n top
time I didn't know that.
Q. So the tire was on your sneaker, but
not actually on your foot; is that a fair
Yes. Creating pressure so much that
me.
But you know that the tire was not
actually on your flesh and bone, correct?
MR. APPLEBAUM: When are you
talking about his knowledge of that?
to the event?
Q. (By Mr. Tapply) Regardless of when,
Richard Stebbins
September 9, 2013
3 ã…‹
1 3 (Pages 46 to 49)
CATUOGNO COURT REPORTING & STENTEL TRANSCRIPTION
Springfield, MA Worcester, MA Boston, MA Providence, RI
Electronically signed by Lisa Regensburger (401-126-248-1909) 51b1c43b-3d14-45b2-9623-af3a3215dde4
Page 5 0 Page 52
1 the fact is that the tire itself was not o n your 1 A. No.
2 flesh and bone? 2 Q . How were they marked?
A. Correct. 3 A. There's tire tracks across the right
Q. Okay. But you stated that at the 4 side o f one sneaker.
time you thought the tire was o n your flesh and 5 Q. What color were the sneakers?
bone? 6 A . White with some blue.
A. Yes. 7 Q. You stated, sir, that the vehicle
8 Q. You later learned that the tire was 8 actually parked on your foot?
9 not o n your flesh and bone? 9 A. Correct.
10 A. Yes. 10 Q. And what happened when the vehicle
11 Q. How did you later learn that? 11 parked on your foot?
12 A. There was no marks, there was no
12 MR. APPLEBAUM: Objection.
1 3 broken bones. You can answer.
1 4 Q. So because you had n o broken bones 14 THE WITNESS: I was in so much
1 5 and there were no marks on your sneaker, that's 15 pain I began to panic. I started
1 6 how you determined that the tire was not 1 6 banging my right arm on the side of the
17 actually on your foot? 17 car, telling them, move the car.
1 8 MR. APPLEBAUM: Objection. 18 Q. (By Mr. Tapply) You said you were in
1 9 You can answer. 19 so much pain. Where were you i n pain?
20 THE WITNESS: I assumed. 20 A . My right arm was like -- so much pain
2 1 MR. APPLEBAUM: You asked him 21 in my right arm.
22 "sneaker," he might have meant to say 22 Q. Did you have any other pain anywhere
2 3 foot. 23 else?
2 4 Q . (By Mr. Tapply) Because you had n o 2 4 A. A t the moment, no.
Page 51 Page 5 3
2
broken bones, i t was your belief that the tire
never actually went over your flesh and bones,
1 Q. So you had this intense pain i n your
2 right arm, but i t was your right arm you were
correct? using to bang on the car?
A. Correct.
A. Correct. 4
5 Q. And you said that there were no 5 Q. And where on the vehicle, on the car
6 marks. 6 were, you banging?
Are you saying there were no marks on 7 A. The rear passenger's side.
8 your foot or n o marks o n the sneaker? 8 O . Where on the rear passenger's side?
A. There was no marks on my pinkie toe? 9 A. On the body below the window.
1 0 And the side of my foot. 10 Q. So actually on the metal of the
11 Q . Were there any marks o n your 11 vehicle?
12 sneakers? 12 A. Yes.
1 3 A. Yes. 13 Q . Did you ever strike the rear
14 Q. D o you still have those sneakers? 14 passenger's side window?
1 5 A. Yes. 15 A . No. I don't believe so.
1 6 Q. Have you worn those sneakers since 16 Q . Why were you banging on the below the
17 January 16, 2013? 17 window on the rear passenger's side?
1 8 A. Yes. 18 A . I wanted her to move her car.
19 Q. Approximately how many times have you 1 9 Q. Did you say anything?
A. I was hollering.
2 0 worn them since that day? 20
21 A. Every week, three or four times a
21 Q . When you say "her," was i t a female
22 week. 22 driver?
23 Q. So the sneakers obviously weren't 2 3 A . At the time I didn't know the sex o f
24 destroyed in this incident? 2 4 the driver.
Richard Stebbins
September 9, 2013
1 4 (Pages 50 to 53)
CATUOGNO COURT REPORTING & STENTEL TRANSCRIPTION
Springfield, MA Worcester, MA Boston, MA Providence, RI
Electronically signed by Lisa Regensburger (401-126-248-1909) 51b1c43b-3d14-45b2-9623-af3a3215dde4
Richard Stebbins
September 9, 2013
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Q. But do you know now the sex of the
driver?
A. Yes.
Q. You believe it to b e a woman?
A . Yes.
Q . And what, i f anything, were you
saying at the time you were requesting the
individual to move the vehicle?
A. I was saying, move your car, you're
on my foot.
Q. Did the person move the vehicle?
A. No.
Q. How did you extricate your foot from
below the tire?
A. I was able t o yank i t free.
Q. Other than striking the body of the
vehicle below the rear passenger's side window,
did you strike the vehicle anywhere else?
A. My elbow did make contact with the
rear windshield.
Q. The rear windshield?
A. Correct.
Q. Or the rear passenger's side window?
A. The rear windshield.
Page 5 5
Q. When you struck the body o f the
vehicle below the window, what part of your body
were you striking the body of the vehicle?
A. M y right arm, between my elbow and
the wrist.
Q. So it would be the outside of your
forearm, would be correct?
A . Yes.
Q. So you didn't actually strike it with
your knuckles or your hand?
A. No.
Q. Did you damage the vehicle at all
when you were striking the vehicle o n the right
rear side below the window?
A. No.
Q . And, sir, you said also that your
right elbow impacted the rear windshield; is
that correct?
A . Correct.
Q . When did that occur?
A. A s I stumbled after pulling my ankle
free.
Q. The vehicle wasn't on your ankle, was
it?
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Page 5 6
A. I'm sorry. M y foot.
Q. So you pulled your foot free and then
you stumbled?
A. Yes.
Q. When you pulled your foot free, did
the car move forward or backwards?
A. No.
Q. When you pulled your foot free, which
direction did you stumble?
A. I stumbled away from Walmart t o the
back o f her vehicle, towards my vehicle.
Q. And how was it that your right elbow
came i n contact with the rear windshield o f the
vehicle?
A. Because m y arm was flailing to keep
my balance.
Q. And when your right elbow struck the
rear windshield, what occurred?
A. The windshield shattered.
Q. You didn't punch the windshield with
your right hand?
A. No.
Q. You didn't strike the rear windshield
with your right elbow on purpose?
Page 5 7
A. No.
Q. So the breaking of the rear
windshield was purely accidental?
A. Yes.
Q. What happened after the windshield
was broken; what happened next?
A. The vehicle began to drive away.
Q. What did you do?
A. I turned and walked towards my car.
Q. Where were the groceries that you had
been carrying in your right hand?
A. Still i n my right hand.
O. And where was the milk that you were
carrying i n the left hand?
A. I t had been flown out of my hand at
some point. It was fifteen feet or s o or ten
feet behind me.
Q. But after the vehicle moved, you kept
walking towards your car?
A. Correct.
Q. You didn't turn around and walk back
towards the vehicle that hit you?
A. No.
Q. You didn't go back towards Walmart?
15 (Pages 54 to 57)
CATUOGNO COURT REPORTING & STENTEL TRANSCRIPTION
Springfield, MA Worcester, MA Boston, MA Providence, RI
Electronically signed by Lisa Regensburger (401-126-248-1909) 51b1c43b-3d14-45b2-9623-af3a3215dde4
Richard Stebbins
September 9, 2013
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Page 5 8
A.
Not a t that moment.
Q.
car?
Why did you keep walking towards your
A.
I don't even - - I don't know.
Q.
car?
Could you keep walking towards your
A. No. The vehicle had stopped so I
stopped.
Q. And d o you know where it was that the
vehicle stopped?
A. I t wasn't much farther. The vehicle
must have pulled five or ten feet forward and
then stopped.
Q. Did you watch the vehicle pull
forward?
A. No.
Q. So your back was to the vehicle?
A. Correct.
Q. Were you continuing to say anything
t o the driver o f vehicle as it pulled away?
A. No.
Q. But you stated that you kept walking
towards your car with your back to that other
vehicle that had just hit you, but a t some point
Page 59
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Page 60
0. What happened after you started to
back away from the woman?
A. She hollered some more and then I
just went back to my vehicle to put the
groceries down. I had a cut on my hand and I
wanted to stop the bleeding.
Q. You had a cut o n which hand?
A . On my right hand.
Q. How did you cut your right hand?
A . The milk jug, you could see blood on
the corner of the plastic where i t had torn.
Q . So the plastic handle of the milk jug
had torn and i t cut your right hand?
A. Correct.
Q. And where on your hand was the cut?
A . Between my pinkie and my wrist.
Q. S o i t was o n the outside of your
hand?
A. Correct.
Q. Were you able to stop the bleeding?
A. I wrapped a fishing vest I had around
it to stop the bleeding.
Q. Did you call anybody?
A . No.
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you stopped?
Yes.
Q . What caused you to stop?
A. A woman was yelling.
Q. What was she yelling?
She was swearing, saying I'm going t o
pay for her window, all kinds of vulgar things.
What did you say?
A. I yelled back, call the police. I'm
not fighting with you.
At that point did you continue to
walk towards the car or the SUV?
A. I backed away. I didn't confront the
driver at all.
O. Where was the vehicle?
A. By the driver.
Q. How far was the vehicle from the
driver?
A. Fifteen, twenty feet.
Q . Did you have your cell phone with
you?
A. No.
Q. Where was your cell phone?
A. I n m y car.
1 6 (Pages 58 to 61)
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Page 61
Q . D o you know i f the woman who had been
driving called anyone?
A. No.
Q. Did the police come?
A. Yes.
Q. How long after the incident occurred
did the police arrive?
A. I believe it was like 45 minutes.
Q. Sorry. That's four t o five or
forty-five?
A. Forty-five minutes.
Q. Forty-five minutes.
What did you do during those
4 5 minutes?
A. I had spoken to Walmart security and
other customers coming up to me, asking me how I
was doing.
Q . Why don't you walk m e through step b y
step what occurred to the time you got back t o
your vehicle until the time the police arrived.
A.
Two customers had come u p to me
asking me if I was all right, i f I needed
medical attention. I told them yes and I would
wait until the police got there. The Walmart
CATUOGNO COURT REPORTING & STENTEL TRANSCRIPTION
Springfield, MA Worcester, MA Boston, MA Providence, RI
Electronically signed by Lisa Regensburger (401-126-248-1909) 51b1c43b-3d14-45b2-9623-af3a3215dde4
Richard Stebbins
September 9, 2013
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Page 62
security came up t o me, making sure I was all
right, asking i f I was hurt. And I told them I
had previous injuries for a workers' comp case
and I already had damage to m y wrist and elbow
and I thought at the time that i t was just
reaggravated and I would go t o the doctors and
get i t checked out. And I stood around waiting
which seemed like forever.
Q. Did you fill out any paperwork with
the Walmart staff?
A. No.
Q. Did you have any further interaction
with the woman who had been driving?
She had walked over screaming
something. And then another customer walking by
screamed something back at her, but I didn't
interact with her.
Q. Did you get the name o f either o f the
customers -- or any of the customers with whom
you spoke after this incident?
A. One o f them.
O. Who was that?
A. Sheldon Thompson.
Q. Did you know Sheldon Thompson prior
Page 6 3
t o January 16, 2013?
A. I knew of him, but I wasn't friends
with him.
Q. How did you know o f him?
A. He's a neighbor.
Q. A neighbor of your mother?
A. Correct.
Q. And what's his address?
A.
I'm not sure how the numbering goes.
Q. Which street does he live?
A. Hope Street.
Q . If you were sitting at your mother's
house looking out onto Hope Street, would
Mr. Thompson live t o the left or the right?
A . To the right.
Q. And had you met Mr. Thompson prior to
that day?
A . I had n o contact with him. no.
Q. What about your mother, i s your
mother friends with Mr. Thompson?
A . No. Not friends. They're pleasant
t o each other but that's all.
Q. Have you spoken to Mr. Thompson since
that day?
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Page 6 4
A. I made a phone call to him and asked
him to make a statement of the incident for me.
Q. How was it that you knew that
Mir. Thompson had seen what occurred?
A. Because at the time he was in the
parking lot when it happened.
Q. Did you speak to him that morning -
I'm sorry. Did you speak to him the day of the
incident?
A. After the incident.
Q. I s h e one o f individuals that
actually came up to you at the Walmart parking
A . Yes.
Q. How many customers, in total, did you
speak with including Mr. Thompson?
A. I believe two.
Q. And the other individual with whom
you spoke, was i t a man or woman?
A. A male.
Q. But you don't know his name?
A. No.
Q. When Mr. Thompson came over and spoke
to you, did he introduce himself?
Page 65
A . Yes.
Q. When h e introduced himself, did you
know right away h e was a neighbor o f your
mother's?
A. We recognized each other's faces, but
not the names.
Q. How many houses away from your mother
does h e live?
A. The next house over.
Q. Approximately how old is
Mr. Thompson?
A. I believe he's in his forties.
Q. Did you have any conversations with
the Walmart staff as to whether they had the
incident saved on video surveillance?
A. I'm not sure if i t was that day or
the next, I did.
Q. What was the nature o f that
conversation?
A. I'm not quite sure. I'd asked them
for statements and i f I could get the video.
And they said I had to get a court order, so I
went about that.
Q. You said you went about that?
17 (Pages 6 2 to 65)
CATUOGNO COURT REPORTING & STENTEL TRANSCRIPTION
Springfield, MA Worcester, MA Boston, MA Providence, RI
Electronically signed by Lisa Regensburger (401-126-248-1909) 51b1c43b-3d14-45b2-9623-af3a3215dde4
Page 6 6
1
A. • Yes.
2
Q . Did you get a copy o f the
3 surveillance video?
4 A. Yes.
5 Q . Is that something you still have?
6 A. Yes.
Q . I n what format d o you have that
8 video?
9 A. A CD or DVD.
10 Q. And that's not something you are
11 planning o n destroying o r getting rid of,
1 2 correct?
13 A. Correct.
14 Q. What happened when the police
15 arrived?
1 6 A. They came over to me, asked me what
17 happened, turned around and weren't paying
18 attention to anything I said after speaking with
1 9 Ms. Johnson o r the driver at the time.
2 0 Q. How many police officers were there?
2 1 A . Two. A third arrived I believe ten
22 minutes after they arrived.
23 Q . And the police officers, were they
24 Springfield police officers?
1 A . Jamie.
2 Q . Same last name?
A t the time, yes.
A. Gomes, G-O-Mi-E-S.
6
7
8
spousal support t o A. No.
9
10 A. I'm not sure.
11
12 Springfield area?
13
A. In the greater Springfield area, yes.
1 4
Q . Other than 15
ever been arrested 1 6
altercation?
1 7
A. No.
1 8
1 9
20 issues?
21 A. No.
22
23
2 4
Page 6 8
Q. What is her name now; do you know?
Q. Are you required to pay any sort of
Ms. Gomes?
Q. Where does she live now; do you know?
Q . Do you know i f she's still in the
that incident, have you
for any type of physical
Q. Have you ever received any type of
therapy o r counseling for violence o r aggression
Q . Sir, you stated that two police
officers arrived and approximately ten minutes
later one more arrived; is that correct?
Page 67
1 A . Yes.
2 Q. Did you know any of these police
officers prior t o that day?
A. No.
Q. Prior t o January 16, 2013, had you
ever been arrested by anyone i n the Springfield
7 Police Department?
8 A . Yes.
9 Q. When had you last been arrested by
10
anyone i n the Springfield Police Department
11
prior to January 16, 2013?
12 A. I believe it was 2003.
1 3
Q . Prior t o January 16, 2013 had you
1 4
ever made a claim for injuries suffered a t the
1 5 hands of anyone with the Springfield police?
1 6 A. No.
17 Q. What was the nature o f the arrest i n
1 8
2003?
19
A . My wife had shoved me. At the time I
2 0 was married t o another woman. And someone had
21 called the police and said someone had to g o t o
22 jail that night.
23 Q. And what was your wife's name at that
2 4 time?
A. Correct.
3 arrived?
A . They spoke 5
6
7
8
1 0
9 arrested me.
Q. 11
1 2 police during the arrest?
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A. No.
14
Q.
1 5 A.
1 6
Correct.
17
1 8
Q .
A. I n back.
Q. When they 19
20 the ground?
21 A. No.
22
23
24 by the police?
Page 6 9
Q. What happened when the police
to the driver of the other
car briefly, came over to me, asked me what
happened. But then they were mumbling to each
other while I was trying to tell them and then
they turned and looked away and they just
And when they arrested you, was there
any type o f altercation between you and the
They put handcuffs on you?
Were you cuffed in front or in back?
put the - when they put
the handcuffs on you, were you forced to lay on
Q. Did you receive any additional or
different injuries as a result o f being arrested
Richard Stebbins
September 9, 2013
18 (Pages 6 6 to 69)
CATUOGNO COURT REPORTING & STENTEL TRANSCRIPTION
Springfield, MA Worcester, MA Boston, MA Providence, RI
Electronically signed by Lisa Regensburger (401-126-248-1909) 51b1c43b-3d14-45b2-9623-af3a3215dde4
Page 70
1 A. Not that I'm aware of. Page 72
1 A. It's a statement I wrote while in the
2 Q. Okay. Have you made any complaints 2 emergency room the night after I was arrested.
Q. Is that the same statement that you
against the Springfield police as a result of 3
4 this January 16, 2013 incident? gave to internal investigations unit with the
5 A. Yes. 5 Springfield police?
6 Q. What was the nature of your complaint A. Yes.
7 against the police? 7 Q. You said that you wrote that in the
8 A. Denying me medical attention. 8 emergency room?
9 Are you represented by counsel in 9 A . Yes.
1 0
connection with that complaint? 10 Q. Did you actually type i t in the
11 A . Not currently. 11 emergency room?
12 Q . You understand I mean legal counsel? 1 2 A. O n an iPhone.
13 A . Correct. 1 3 Q. This statement i s a number of pages
1 4 Q. Had you requested medical attention? 14 long. Did you type out this entire thing on an
1 5 A. Multiple times. 1 5 iPhone while in the emergency room?
1 6 Q. What's the current state o f the 16 A . Yes.
17 complaint against the Springfield police? 17 Q. Whose iPhone is that?
1 8 A. It's ongoing. 18 A. M y wife's.
1 9 Q. In what forum is that complaint being 1 9 Q . Did you dictate t o her and she typed,
2 0 addressed? 20
21 A . I went t o their internal
21 or did you actually type it yourself?
A . I typed i t with m y left hand.
2 2 investigations unit. 22 Q. What was the process b y which that
2 3 Q. Did you give a statement t o the 23 document which you typed on your wife's iPhone
24 internal investigations unit? 24 ended up as a document on printed paper here?
Page 7 1
A . Yes. 1 A . Page 7 3
Ilogged into Yahoo and I typed it u p
2 Q. Do you know i f that statement was 2 in an e-mail and printed it out.
3 recorded? Q . You stated i t was done i n the
A. I t was not.
emergency room the evening after you were
arrested?
Q. Have you given any other recorded
6 statements in connection with this incident or
A. It was Wednesday night, still into
your complaint against the police? Thursday morning.
8 A. No. 8 O. Which hospital were you at?
Q . Did you give the internal 9 A. Baystate Medical Center.
1 0 investigations unit a written statement? 10 Q. And when you were arrested, what were
11 A. Yes. 11 the charges for which you were arrested?
1 2 Q. Have you given any other written 12 A. A t the time they never told me.
1 3 statements in connection with the January 16. 13 Q . Were you taken to the Springfield
1 4 2013 events? 14 Police Department?
1 5 A. No. 15 A. Yes.
1 6 MR. TAPPLY: Would you mark this. 16 Q . Did you make any statements to the
17 17 Springfield police while at the police
1 8 18
1 9
(Exhibit 2, statement, marked) 19
department?
20 Q. (By Mr. Tapply) Sir, I'm going to 20
A. No.
2 1 show you what w e just marked as Exhibit No. 2 . Q. When you were arrested -- strike
21 that.
2 2 D o you know what that is? 22 When was it that you found out the
2 3 A. Yes. 23 charges against you?
24 Q. And what is that? 2 4
A. - In court the following morning.
Richard Stebbins
September 9, 2013
↓ 9
19 (Pages 70 t o 73)
CATUOGNO COURT REPORTING & STENTEL TRANSCRIPTION
Springfield, MA Worcester, MA Boston, MA Providence, R I
Electronically signed by Lisa Regensburger (401-126-248-1909) 51b1c43b-3d14-45b2-9623-af3a3215dde4
Richard Stebbins
September 9, 2013
Page 74
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Q. How did you get from the police
station t o the emergency room?
A. My mother picked me up at the police
station, brought me to the house, and then m y
wife brought me to the emergency room.
Q. Were you arraigned on those charges
the following morning?
A . Yes.
Q. Did you go to the arraignment o f your
own volition, you were required to go -- strike
that.
You weren't picked up b y the police
and brought t o the arraignment?
A. No.
Q. What were the nature o f the charges
against you that you learned that morning?
A. Malicious damage t o a motor vehicle
and disorderly conduct.
Q. How did you plead?
A . Not guilty.
Q. Were you tried on those charges?
A . Yes.
Q . Were you represented by counsel
during the trial?
Page 7 5
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A. No.
Q. When did the trial take place?
A. I t was May 1st.
4
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Q. What was the result o f that trial?
A. I was found guilty.
Q. Found guilty o f both charges?
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A. Yes.
Q. Now, the statement that you wrote at
the hospital, which a copy of which has been
1 0
marked as Exhibit No. 2 , have you read over this
1 1
statement again since the time that it was
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written? A . Before court, yes.
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Q . And is there anything that's in this
statement that you now know i s incorrect?
A. No.
Q. So everything i n this statement i s
correct?
A. Yes.
2 0
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2 4
Q. When you went t o the emergency room,
what were your complaints?
A. I kept losing feeling in my right arm
and I had severe pain in my shoulder.
Q . You said losing feeling i n your right
2 0 (Pages 74 to 77)
Page 76
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arm. Where i n your right arm were you losing
the feeling?
A. From the middle of my biceps down t o
my fingertips.
Q. Had you ever experienced that kind of
loss o f sensation or numbness prior t o that?
A. Never.
Q . Had you ever experienced numbness i n
your hand, your right hand, prior to January 16,
2013?
A. No.
Q . Did you have any, in addition to the
numbness, tingling sensation o r burning
sensation i n your arm or hand since January 16,
2013?
A . Burning from m y elbow to the middle
of m y biceps on the inner side.
Q. Had you ever experienced that kind of
burning before?
A. Never.
Q. Did you have any marks, cuts,
bruises, or anything on your right biceps
shoulder area from where you were struck by the
mirror?
Page 7 7
1
A. There's no visible marks, but it was
swollen.
3
Q. Did you take any photographs of the
4
swelling? A. No.
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Q. Did you take any photographs while
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you were at Walmart at the scene?
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A. No.
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Q. Are you aware i f anyone else took
10
photographs a t the Walmart?
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A . Not that I'm aware of.
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Q. Did you take any video while you were
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a t Walmart?
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A. No.
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Q. Have you gone back there and taken
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photographs or video since that day?
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A. No.
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Q. You said you were found guilty o f the
1 9
charges when you were tried.
2 0
Have you appealed that conviction?
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A. I'm appealing i t now.
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Q. Are you represented by counsel i n the
23
course of that appeal?
24
A. The state's providing me with
CATUOGNO COURT REPORTING & STENTEL TRANSCRIPTION
Springfield, MA Worcester, MA Boston, MA Providence, RI
Electronically signed b y Lisa Regensburger (401-126-248-1909) 51b1c43b-3d14-45b2-9623-af3a3215dde4
Richard Stebbins
September 9 , 2013
1
2
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Center emergency room on January 16th to 17th?
A. They did x-rays.
Q. O f what did they d o x-rays?
7
A. Of both m y wrists. I believe my
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right elbow. I can't remember. On my shoulder.
m y right shoulder.
Q. You said they did x-rays in both your
w r i s t s ？
A.
Correct.
Q. Were you having any pain o r problems
i n your left wrist?
A. The police officers had cranked the
cuffs down so tight that both my wrists were
swollen.
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Have you made any complaints to the
Springfield Police Department or made a claim
with the Springfield Police Department relative
t o the swelling and pain in your wrists due to
the cuffs?
A. No.
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Page 78
counsel.
Q . Okay. Did you undergo any type of
evaluation while you were at Baystate Medical
Q. For how long were you in the
Page 79
emergency room?
A. Approximately, I believe, six hours.
Q. Were you given any type of diagnosis
while you were there?
A. No.
Q. While you were a t the emergency room,
other than the right shoulder and your right
arm, did you make any other complaints or report
any other injuries?
A. The numbness and burning in my arm.
Q. You were discharged sometime during
the early morning hours o f the 17th, correct?
A. Correct. I left against medical
advice.
Q. Why did you leave against medical
advice?
A.
Because I wanted this paper signed
before court and I had to b e to court, I was
told, at 8:00 a.m. or I would be thrown in jail.
Q. Had you received any other medical
treatment since leaving the emergency room the
morning of January 17th?
A. Yes.
Q.. Where i s the next place you went for
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Page 80
medical treatment?
A. RiverBend Medical Group.
Q . Is that your primary care physician's
office?
A. Yes.
Q. When did you g o there?
A . Friday.
Q. Now, the date of this incident, that
was a Wednesday?
A. Correct.
Q. And so you were arraigned Thursday
morning, you went to your primary care
physician's office on Friday morning?
A. Yes.
Q. Did you go to school on Thursday
night?
A. Yes.
Q. You don't have school on Friday
nights, though?
A. No.
Q. Did you go to the gym that Friday?
A. No.
Q. What were your complaints when you
went to your primary care physician's office on
Page 8 1
January 18th?
A. My wrists and m y right arm.
Q. What about your right shoulder?
A. I may have, but I don't remember now.
So primarily was your wrists and your
right arm, in general?
A . Correct.
Q. Any other complaints t o your primary
care physician?
A . No.
Q. Did your primary care physician give
you any type of a diagnosis?
A. No.
Q. Were you referred to any other types
o f physicians, specialists, physical therapists?
A. I was referred to New England
Orthopedic Surgeons.
Q. Why were you referred there?
A. To see if there had been any damage
to the areas that already were repaired.
Q . When you were at your primary care
physician's office on January 18th, did you
undergo any other x-rays or MRIs o r other types
of radiological studies?
21 (Pages 7 8 to 81)
CATUOGNO COURT REPORTING & STENTEL TRANSCRIPTION
Electronically signed by Lisa Regensburger (401-126-248-1909) Springfield, MA Worcester, MA
Boston, MA
51b1c43b-3d14-45b2-9623-af3a3215dde4Providence, RI
Richard Stebbins
September 9, 2013
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Page 82
A . Not that I remember, no.
Q . Did you, i n fact, go t o New England
Orthopedic Surgeons after that?
A. Yes.
Q . When did you go, approximately?
A . I believe i t was a couple weeks.
Q . From the time you went t o your
primary care physician's office until the time
you went t o New England Orthopedic Surgeons, did
you receive any other medical treatment?
A. No.
Q . S o you didn't g o back t o the
emergency room, right?
A. No.
Q. You didn't have t o go back to the ER
for any reason?
A. No, I didn't go back.
Q. And you continued to go to classes
during that time?
A. Yes.
Q. Did you go back to the gym at all
during those weeks?
A . Not that I'm aware of, no.
Q. Who was the physician with whom you
Page 83
treated when you went back t o New England
Orthopedic Surgeons?
I believe I saw both Dr. Karas and
Dr. Adler.
Q . When you went there, what did you
tell them were your injuries?
A . I had seen Dr. Adler for my wrists
and my elbow, so I told them about the pain from
the cuffs in my wrist and how my arm is going
numb. And I told Dr. Karas about my shoulder at
the time.
O . Now, you were already under the
treatment with Dr. Karas for your right shoulder
already, correct?
A. Yes.
Q. And did Dr. Karas examine your right
shoulder?
A. Yes.
Q. Did Dr. Karas give you a diagnosis or
anything pertaining to your right shoulder?
A . H e sent me for an MRI.
Q . Did you have that MRI?
A. Yes.
Q . Where did you have that MRI?
22 (Pages 82 t o 85)
Page 8 4
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A . Through Baystate.
Q . Approximately when did you have that
MRI?
A. Maybe a week or two after I saw
Dr. Karas.
Q . D o you know what the results of that
MRI were?
A . Inconclusive. There was two reports.
So there's -- he said just to wait and see how
my shoulder was.
Q . When you say there was two reports,
what d o you mean b y that?
A . The person that reads the reports and
his report. Q. "His" meaning Dr. Karas's?
A. Correct.
Q . So your understanding, that there was
a report from the facility that performed the
MRI and then there was a separate report from
Dr. Karas when he read the MRI; is that a n
accurate statement?
A. Yes.
Q . Have you read both reports?
A. Yes.
Page 8 5
1
Q. And how are they different?
A. The one from the MRI Center said they
saw a tear, three-quarter percent tear, and
4
5
something, and he said he didn't. But because
my shoulder's -- after months after that has
improved, I haven't gone back.
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8
Q. You said your shoulder has improved?
A. Correct.
Q. For how long after the incident o n
10
January 16, 2013 did you continue to have right
11
shoulder problems separate from the right
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shoulder problems you had from the workers!
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compensation injury?
A. I believe i t was two months.
Q. How did you have the symptoms i n your
right shoulder; what were they?
A. Pinching, and it felt like stretching
and overstretching, which should have been i n
like a normal range o f motion.
Q. You said earlier that your range of
motion was already impacted b y the knots i n your
trapezius, right?
A. No.
Q. So prior to January 16, 2013,
CATUOGNO COURT REPORTING & STENTEL TRANSCRIPTION
Springfield, MA Worcester, MA Boston, MA Providence, RI
Electronically signed b y Lisa Regensburger (401-126-248-1909) 51b1c43b-3d14-45b2-9623-af3a3215dde4
Richard Stebbins
September 9, 2013
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Page 8 6
immediately prior t o that you were not having
any range of motion issues with your right
shoulder?
A. No.
Q. Sir, you stated that the issues with
the pinching and stretching during what would
have been normal range of motion lasted for a
period of approximately two months?
A. Approximately. I could be off by a
month or so, but i t went away to the point that
I don't pay attention to my right shoulder
anymore.
Q. And a s we sit here today, you don't
currently have any continued pinching or
stretching sensations in your right shoulder,
correct?
A. Not i n my right shoulder.
Q. Do you continue to see Dr. Adler
after that initial visit for your right elbow
and wrist and arm problems?
A . Yes.
Q. Did Dr. Adler ever perform or have
performed any MRIs, x-rays, or other studies?
A. X-rays.
Page 8 7
Q. And you had had x-rays before for
your - in your right elbow and your right
wrist, correct?
A. Yes.
Q. B y the time you saw Dr. Adler, what
were the problems you had in your right elbow,
arm, and wrist?
A . A t the time I was still experiencing
pain i n m y wrist. M y elbow had cleared u p
considerably. But I was still getting a burning
sensation in my right biceps whenever anybody
grabbed it or like placed pressure on it it
would go numb from the middle of m y biceps down
to my fingertips.
Q. And again, prior t o January 16, 2013,
you had never had that numbness sensation in
your hand down through your fingertips?
Never.
O. What, i f any, wrist problems were you
having by the time you saw Dr. Adler several
weeks after the incident?
A. Just a lot of pain with the range of
motion of my right wrist and left wrist.
Q . Again, the left wrist pain was
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Page 88
- associated with the handcuffs, though, correct?
A . Correct.
Q. The right wrist pain, how was that
different, i f at all, from the left wrist pain?
A. It felt the same.
Q. Okay. Are you able to differentiate
the pain in your wrist, whether it was
associated with the handcuffs or something
involving the SUV?
A . Not now.
to Q. Okay. What, if any, treatment did
you have for your left or your right wrist or
both after first meeting with Dr. Adler?
A. He showed me exercises to do at home
try t o strengthen the ligaments and break u p
any scar tissue that had formed between the
ligaments that I had tears in originally.
Q. What do those exercises involve?
A. Light weights and range of motion
exercises.
Q. What were the exercises, though?
A. Pulling my fingers back using a light
weight t o lift my wrist up, and opposite, just
to strengthen.
Page 8 9
Q. Did you do those exercises?
A. Yes.
Q. Did your right wrist improve when you
did those exercises?
A. Yes.
Q. What about your left wrist, did that
improve when you did the exercises?
A. Not as much as my right.
Q. After seeing Dr. Adler on that
occasion when h e prescribed the exercises, have
you been back to Dr. Adler again for the
problems with your wrists?
A. Not my wrists, no.
Q. But you have been back t o Dr. Adler
since then?
A. Yes.
O. And for what reason have you been
back to Dr. Adler's?
A. He sent me for a nerve study of my
right arm.
Q. Did you learn what the results of
that nerve study were?
A. Unspecified nerve damage.
Q. Is that what Dr. Adler told you or
2 3 (Pages 8 6 to 89)
CATUOGNO COURT REPORTING & STENTEL TRANSCRIPTION
Springfield, MA Worcester, MA
Boston, MA
Providence, RI
Electronically signed b y Lisa Regensburger (401-126-248-1909)
51b1c43b-3d14-45b2-9623-af3a3215dde4
Richard Stebbins
September 9, 2013
Page 9 0
Page 92
1 what someone else told you?
The report said - - he repeated the
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A.
report.
Q. Had you ever had a nerve study done
prior t o January 16, 2013?
A. No.
Q. Did you discuss with Dr. Adler what
could have caused the nerve damage?
A . Yes.
Q. And what was that discussion?
A. The impact of the mirror hitting my
Q. So it's your belief that it was the
impact o f the mirror o n your biceps a s opposed
to the twisting movement when you had the gallon
of milk i n your hand?
A . Yes.
O. And it's your belief that it was the
impact of the mirror and not the handcuffs on
your wrist which caused nerve damage?
A. Yes.
Q . Did you learn from Dr. Adler or from
the nerve study where the nerve damage was in
your right arm?
Page 9 1
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A. It's above m y right elbow, between
the middle of my right biceps.
Q. For how many years have you been
weightlifting?
A. Thirteen.
Q . I n the 13 years that you have been
weightlifting, have you ever experienced elbow
o r biceps pain o r injury as a result of
weightlifting?
No.
Q. I n the 13 years you have been
weightlifting, have you ever had t o take time
away from lifting due to pain or injuries into
your elbows, forearms, o r biceps?
A. No.
Q. Did Dr. Adler or anyone else
prescribe any treatment a s a result of the nerve
study?
A. H e prescribed gabapentin, which i s
supposed to help nerve growth, but it didn't
work.
Q. For how long did you take the
gabapentin?
A. I t was just one month.
24 (Pages 9 0 to 93)
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therapy? A. No.
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Q. Did he prescribe any physical
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Q. Other than Dr. Adler, did you treat
with anyone else for the numbness and tingling
in your right arm and hand?
A. No.
Q. When's the last time you treated with
Dr. Adler?
A . I think it's like a month and a half,
two months ago.
Q. And was that in connection with the
gabapentin prescription?
A. That was, yes, afterwards. His PA's
the one that prescribed the gabapentin.
Q. S o you took the gabapentin, it didn't
work, you went back t o Dr. Adler?
Yes.
Q. I'm sorry. That was how long ago?
A. A month and a half, two months ago.
Q. When you saw Dr. Adler a month and a
half o r two months ago, did he prescribe a
course of treatment o r therapy?
A.
Page 9 3
Q. Did you have a conversation as to
what the next step was to repair or correct the
issue in your right arm?
A. They said that the way it i s there's
no option for surgery.
Q. Did Dr. Adler indicate there was any
option for any type of treatment?
A. No.
Q. Other than going to the emergency
room, seeing Dr. Karas for your shoulder and
Dr. Adler for your right arm and both wrists,
have you treated with any other medical
providers o f any type for any injuries or
problems associated with January 16, 2013?
A. Dr. Lynn at New England Orthopedics
for my right ankle.
Q. Dr. Lynn, you said?
A. Yes.
Q. I s that, what, L-Y-N-N-E, if you
know?
A. I'm not positive.
Q. And you said Dr. Lynn is also at New
England Orthopedics?
A. Correct.
CATUOGNO COURT REPORTING & STENTEL TRANSCRIPTION
Springfield, MA Worcester, MA Boston, MA Providence, RI
Electronically signed by Lisa Regensburger (401-126-248-1909) 51b1c43b-3d14-45b2-9623-af3a3215dde4
Richard Stebbins
September 9, 2013
Page 94
Page 9 6
1
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Q. I'm sorry. New England Orthopedic
Surgeons?
A. Yes.
Q. When did you see Dr. Lynn for your
right ankle?
A.
I'm not sure. I t was months ago.
Q. This is September, do you think it
1
2
MR. APPLEBAUM: Objection.
You may answer.
THE WITNESS: Correct.
was sometime during the summer, sometime during
the spring, or back in the winter, closer t o the
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event?
A. The summer.
Q. Why did you see Dr. Lynn in the
summer of 2013?
A.
The ankle pain was too much.
Q.
And you said right ankle pain?
A.
A.
Yes.
Q. What caused the right ankle pain?
I believe it was the accident.
Q.
Have you been told it was something
else?
A. No.
Q. Where in your ankle were you
experiencing pain?
A. O n the outer right side b y the ball.
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Q. (By Mr. Tapply) You didn't experience
the pain o n the Friday after the accident?
A. Correct.
Q. You went to your primary care
physician's office on Friday after the accident
and didn't mention the right ankle pain,
correct?
A. Correct.
Q. How did you get to your primary care
physician's office that Friday?
A. I drove.
Q . You drove yourself?
A. Yes.
Q. And you weren't using a cane when you
went to the primary care physician's office?
A. No.
Q . You weren't using crutches?
A. No.
Q. You were not using a wheelchair?
A. No.
Q. Did you take any medication for the
Page 9 5
Page 97
Q. Had you ever injured your right ankle
2
before?
A. My mother mentioned I might have
twisted m y ankle in high school while I was
going to RiverBend. She said I should b e able
the find the records. But they didn't have any
record o f i t when I asked.
1
2
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pain i n your ankle between January 16, 2013 and
today?
A. They gave me Percocet at the
emergency room and I was taking that for the arm
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Q. And the pain in your right ankle,
when did that start occurring?
A. I really noticed it the Saturday
after the accident.
Q. So you didn't particularly notice the
pain in your right ankle the Thursday after the
accident?
A. I didn't shower after the accident,
and going to court and going to school and going
t o the doctors the next morning, I just kept the
same pants on that I had and I didn't notice.
But there was considerable swelling i n m y right
ankle.
But you indicated that you didn't
really experience the pain until Saturday, s o
you didn't experience the pain on Thursday after
the accident?
pain, so I didn't notice the pain everywhere
with the Percocet. I t considerably subsided.
Q . You said a t the emergency room. You
8
went t o the emergency room the night after the
9
accident?
10
I. Night of the acciden
11
•O. How much Percocet were you
12
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prescribed? A. I don't remember the dosage.
14
Q. How long did the prescription last?
15
A. Between doctors, I'm not sure. I had
1 6
multiple prescriptions.
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O. As a result of workers' compensation
1 8
- strike that.
1 9
As a result of the injury on July 10,
2 0
2012 for which you're receiving workers'
21
compensation, are you required t o undergo any
22
types of treatment evaluations, physical
23
2 4
examinations? A For workers' compensation, yes.
25 (Pages 94 to 97)
CATUOGNO COURT REPORTING & STENTEL TRANSCRIPTION
Springfield, MA Worcester, MA Boston, MA Providence, RI
Electronically signed by Lisa Regensburger (401-126-248-1909) 51b1c43b-3d14-45b2-9623-af3a3215dde4
Richard Stebbins
September 9, 2013
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Page 9 8
When is the last time you underwent
an examination for workers' compensation?
A . Four weeks ago.
Q. Who performed that examination?
A. Dr. Skerker's assistant.
Q . Dr. Skerger?
A. Skerker, S-K-E-R-K-E-R.
Q. With which practice is Dr. Skerker
associated?
A. Pioneer Spine & Sports.
Q. From January 16, 2013 until today,
how many examinations have you undergone for
workers' compensation?
A. I can't be sure. There's been quite
a few.
Q. Okay. And have they always been with
Dr. Skerker or someone affiliated with Pioneer
Spine & Sports?
A. Yes.
Q. And when you went t o see the doctor
for the right ankle pain, why then?
A. It was the pain was getting to be too
much.
Q. And how did the pain manifest itself?
Page 99
A . Tearing, burning sensation.
Q. And that was on the right side, the
outside of the right ankle?
A . Correct.
Q . Was there one particular time during
the day that the pain was either better o r
worse?
A. I t would depend on the surfaces I was
walking on.
Q. And what, i f anything, would
aggravate the pain?
A. Tilting my foot inward.
Q. Anything else?
A. Or walking on surfaces that were
uneven and i f my ankle moved too fast.
Q. Did you have any bruising, sears, or
other marks other than swelling on your right
ankle after the January 16, 2013 incident?
A. No.
Q. You stated, sir, that you attempted
to run i n a St. Patrick's Day road race; that
was this year, correct?
A. Correct.
Q. What type o f training did you
2 6 (Pages 98 to 101)
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Page 100
complete in order to attempt to complete that
race?
A. I never trained for that.
Q. Did you have a regular running
regimen as part of your exercise routine at
Planet Fitness?
A. No.
Q . On the days you worked out your legs,
did you have any cardiovascular component t o
your workouts?
A. No.
Q . Have you ever had a cardiovascular
component to your workouts?
A . No.
Q . You stated that you previously did
some amount of running and you did some road
races. When is the last time that you actually
went for a run out on the road?
A. In the spring o f 2012.
Q. When is the last time you went for a
run on a treadmill?
A. I don't run on treadmills.
Q . You stated that you ride your bike to
and from your classes at Branford Hall, correct?
Page 101
A. Correct.
Q. What type of bicycle?
A. A mountain bicycle, 21-speed.
Q . Other than riding your bike to and
from classes, do you go mountain biking or other
bike riding?
A. No.
Q . Other than lifting weights, do you
engage in any other type of physical exercise?
A.
Q . Is your wife employed?
A. Yes.
Q . Where does she work?
A . Hartford Medical Group in East
Windsor.
Q. What, generally, does she do for
Hartford Medical Group?
A. She's a medical assistant.
Q. When's the last time the two of you
went on a vacation?
A. Two years ago.
Q. Have you traveled outside the country
a t all since January 16, 2013?
A. No.
CATUOGNO COURT REPORTING & STENTEL TRANSCRIPTION
Springfield, MA Worcester, MA Boston, MA Providence, RI
Electronically signed b y Lisa Regensburger (401-126-248-1909) 51b1c43b-3d14-45b2-9623-af3a3215dde4
Richard Stebbins
September 9, 2013
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Page 102
Q. Have you traveled outside of
Massachusetts at all since January 16, 2013?
A . Just t o Connecticut.
What was the purpose of your trips to
Connecticut?
A. Shopping.
Q. What kind o f hobbies do you have?
A. Plastic model construction, reading,
fishing.
Q. Do you have a fishing license in the
State of Massachusetts?
A. Yes.
Q. Did you have a fishing license in
2012?
A.
Yes.
Q. And what kind o f fishing do you
enjoy?
A. Stream fishing, river fishing.
Fly fishing?
A. I've never fly fished.
Q. D o you have a boat?
A. Yes.
Q. What kind o f a boat?
A. A 12-foot aluminum.
Page 103
Q A 0
With an outboard engine on it?
I s it a row boat or canoe?
Row boat.
Q.
A.
How often d o you fish?
A couple times a month.
Do you normally fish by yourself or
with others?
A. Others.
Q. When is the last time you took your
boat and went fishing in your boat?
A . Two weekends ago.
Q. Were you by yourself or with others?
A. Others.
Q . Who did you fish with?
A. My wife and m y two nephews and my
niece.
Q .
A.
Q.
Who rowed the boat?
M y wife did.
How come you didn't row?
Because o f m y shoulder, the knots
bother m e and the knot i n my rhomboid. The kids
are crazy anyways, so I just watch out for them.
Q. Have you belonged t o any other gyms
Page 104
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other than the Planet Fitness you belonged to
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Q. I s the gym membership i n your name or
someone else's name?
A. My name.
Q. Other than the two workers'
compensation claims that you filed, have you
ever filed any other types of insurance claims?
A . I was in a car accident in 1996, I
believe.
A. Q. Were you injured in that accident?
I had - - they said i t was whiplash a t
the time.
Q. Did you receive any medical
treatment?
A. Yes.
Q. Where were you treated?
A . I can't remember.
Q . Generally, what kind of treatment did
you receive?
A. Physical therapy.
Q. Were you involved in a lawsuit a s a
result o f that accident?
Page 105
A. Yes.
Q . What was the result of that lawsuit?
A . They gave m e $5,000. That was minus
the lawyer's fees.
Q. So $5,000 that you actually received
in hand, or 5,000 before the attorney's fees
were taken out?
A. After the attorney's fees.
Q. Have you ever been involved i n any
other motor vehicle accidents?
A . Yes.
Q. What types of other accidents have
you been involved?
A . I was rear-ended.
Q . When was that?
A . I believe 2004.
Q. Were you involved in any type of a
lawsuit after that accident?
A. No.
Q. Were you injured in that accident?
A. I had hit my face on the steering
wheel.
Q. Did you receive medical treatment
after that accident?
27 (Pages 102 t o 105)
CATUOGNO COURT REPORTING & STENTEL TRANSCRIPTION
Springfield, MA Worcester, MA Boston, MA Providence, RI
Electronically signed b y Lisa Regensburger (401-126-248-1909) 51b1c43b-3d14-45b2-9623-af3a3215dde4
Richard Stebbins
September 9, 2013
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Page 106
A. I went t o the emergency room.
Any other treatment after the
emergency room?
A. No.
Q . Did you file an insurance claim as a
result o f that accident?
A. No.
Q. Have you been involved in any other
motor vehicle accidents either as a driver,
passenger, pedestrian, o r cyclist?
A. Yes.
Q. What other accidents?
A . My wife got in an accident, I believe
2010.
Q.
Were you a passenger in the vehicle?
A.
A. Yes.
Q. Where were you sitting?
The driver's, front passenger's seat.
Q. Were you injured?
No.
Q Was your wife injured?
No.
Q. Any other accidents?
A. No. No.
Page 107
Q. And have you ever filed any other
insurance claims o f any type, other than the
ones you have already described?
A. No.
Q. Sir, you stated that you were able t o
obtain a copy o f the surveillance video from
Walmart.
Did you receive anything else from
Walmart, incident documentation or paperwork?
A. A statement from a security guard.
Q . You still have a copy of that
statement?
A. Yes.
(Exhibit 3, PIP application, marked)
Q. (By Mr. Tapply) Sir, I'm going t o
show you a document that was just marked as
Exhibit No. 3 . It's the PIP application. I ask
you to take a look at that.
Sir, d o you recognize that document?
A . I don't believe I've ever seen this.
Q . Okay. Let me ask you this: This i s
titled a "personal injury protection application
2 8 (Pages 106 to 109)
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Page 108
for benefits." There's some signatures o n the
second, third, and fourth pages.
Are those your signatures?
A. Yes.
Q . Sir, this document indicates that as
a result o f the January 16, 2013 incident you
injured your right biceps, your right shoulder,
and right foot; is that a n accurate statement?
A. Yes.
Q. It indicates that you were treated
with New England Orthopedic Surgeons, Baystate
Medical Center, and I understand you have also
now been treated with Pioneer Valley Spine&
Sports, correct?
A. Spine & Sports is only the workers'
comp.
Q . Okay. But you have also seen your
primary care physician, correct?
A. Correct.
Q. Other than your primary care
physician, Baystate Medical Center, and New
England Orthopedic Surgeons, have you received
treatment with any other medical provider of any
type i n connection with the January 16, 2013
Page 109
incident?
A. No.
Q. Sir, when you were convicted o f the
criminal charges, what were -- what was the
punishment that you received?
A . A year probation. They said I had to
pay for her window and seek anger management.
Q. Have you paid for the window?
A. No.
Q. And have you sought out anger
management?
A. I'm doing so now.
Q. You're receiving anger management o r
you're seeking it out?
A . Seeking it out.
Q. And have you begun treating with any
anger management specialist?
A. No.
MR. TAPPLY: Can you mark this as
the next exhibit, please.
(Exhibit 4, statement, marked)
(Exhibit 5, photos, marked)
CATUOGNO COURT REPORTING & STENTEL TRANSCRIPTION
Springfield, MA Worcester, MA Boston, MA Providence, RI
Electronically signed b y Lisa Regensburger (401-126-248-1909) 51b1c43b-3d14-45b2-9623-af3a3215dde4
Richard Stebbins
September 9, 2013
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Page 110
(Exhibit 6, photos, marked)
Q. (By Mr. Tapply) Sir, I'm going to
show you a three-page document which has been
marked Exhibit No. 4 .
MR. APPLEBAUM: I think that may
be the incomplete one.
MR. TAPPLY: That's what I was
going to ask.
MR. APPLEBAUM: I noticed this
morning, when I was looking at it, that
it didn't make sense. It seemed to be
truncated. And then I realized what w e
had sent you was incomplete, so I
brought the entire -- I had it recopied.
Q. (By Mr. Tapply) I'm just going to
show you Exhibit No. 4 , sir, which appears to be
a three-page statement, and I think i t has your
name and signature o n the third page.
Sir, did you provide a different
statement or another statement t o the police
during the course o f your criminal trial?
The statement I gave the police was
the long, likely five-page one.
Page 111
Q. Okay. And that's what w e previously
marked as Exhibit 2 , correct?
A. Correct.
Q. So you have never made a different
statement?
A. No.
Q. So the statement marked as Exhibit
No. 4 , is that a t all different from the
statement we marked as Exhibit No. 2 ?
A. Yes.
Q . How are they different?
A. They're missing pages.
Q. And did you ever turn i n anything
other than this five-page statement, ever a
partial version of this statement or anything
else to the police during the course of your
criminal trial?
A. No.
Q. When you turned i t in, did you turn
it in in physical form or electronic form?
A. Physical form.
Q . You said earlier, sir, that when you
created the statement you did it b y drafting,
essentially, an e-mail to yourself?
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Page 112
A. Yes.
Q . That was a Yahoo e-mail account?
A . Yes.
Q. Do you still have the original e-mail
that you sent yourself?
A. I'm not sure.
Q. I'm going to show you a copy marked
as Exhibit No. 5.
Sir, those are the photographs of
yourself?
A. Yes.
Q. And those were taken when?
A . That Wednesday.
Q . And that is when you were arrested?
A. Yes.
Q. Those are the photographs that were
taken at the Springfield Police Department?
A . Correct.
Q . Had you been given a copy o f these b y
the police department?
A . By the district attorney's assistant.
Q. Were you ever given any other
photographs other than those that appear i n
Exhibit No. 5 from the district attorney's
Page 113
office?
A. Photographs of the automobile.
Q. Any other pictures o f you?
A. No.
Q. And are you aware, did the police
take any photographs o f you a t the scene o f the
accident?
A . Not that I'm aware of.
Q. And i n Exhibit No. 6 here is what?
A . Pictures of the vehicle and the road
conditions.
Q. Do you know who took these
photographs?
A . The Springfield Police Department.
Q. You said, sir, that you didn't take
any photographs yourself that day, right?
A . Correct.
Q. Have you filed a complaint - - filed a
complaint or a claim with Walmart relative to
the road conditions i n the parking lot on that
day?
A. No.
Q. Have you filed a complaint o r claim
with Walmart for any reason in association with
2 9 (Pages 110 to 113)
CATUOGNO COURT REPORTING & STENTEL TRANSCRIPTION
Springfield, MA Worcester, MA Boston, MA Providence, R I
Electronically signed b y Lisa Regensburger (401-126-248-1909) 51b1c43b-3d14-45b2-9623-af3a3215dde4
Page 114 Page 116
the events o f January 16, 2013? A. I don't understand what you mean.
A. No. Q. Sure. Have you ever told your
3 Q. Have you been back t o that Walmart 3 medical providers that any o f your injuries were
4 since? 4 suffered in some other event other than the
5 A. Yes. 5 January 16, 2013?
Q . During the criminal trial, did you 6 A. I told my doctors about the injuries
7 testify? 7 that I had previous to January 16th. I t was all
8 A. Yes. 8 documented. And there was never any change.
9 Q. And have you been given a copy of 9 And the injuries that I had from January 16th o n
10 your testimony, either a recording o r a written 10 are different injuries. They told me they're
1 1 copy? 11 unrelated to the injuries I had.
12 A. Yes. 12 Q. Had you ever told any o f your
1 3 Q. And what form do you have that 13 doctors that you were not injured in the
14 testimony? 14 January 16, 2013 event, you were injured i n some
1 5 A. CD. 1 5 other manner?
1 6 Q. I s that something you have o r your 1 6 A. • No.
17 attorney has, your criminal attorney has? 17 Q . Do you ski?
1 8 A. I have it to give to my appeal 18 A. No.
19 attorney. 19 Q. D o you snowboard?
20 Q. Did you obtain any other evidence 2 0 No.
21 from your criminal trial other than the CD? 21 Q . Do you do any sports other than
22 A . I do have some paperwork regarding 2 2 weightlifting?
23 her insurance and registration at the time of 2 3 A. No.
2 4 the accident. 2 4 Q. Have you ever played i n any
Page 115 Page 117
1 Q. You say, "her," you mean the woman 2 that was driving the white SUV? competitive sports?
A. High school soccer. I played some
3 A . Correct. 3 sofiball in my early 20s and that was it.
4 Q. Anything else? 4 Q. Any competitive sports since then?
5 A. No. 5 A. No.
Q. And the criminal trial, was that 6 Q . D o you belong t o any recreational
7 tried before a judge o r a jury? 7 leagues o r gentleman's leagues or any type of
8 A. Judge. 8 sports?
9 Q. Have you ever had any prior 9 A. No.
1 0 interaction or run-ins with that particular 1 0 Q. Have you reported to the police, any
1 1 judge? 11 witnesses, your medical providers, or anyone
1 2 A. No. 1 2 that you purposely punched out the window o f the
13 Q. The woman who was driving the SUV, 13 back windshield o f the Acura?
14 had you ever seen her before? 1 4 A. No.
1 5 A . Never. 1 5 MR. TAPPLY: All right. Why
1 6 O. Other than i n connection with the 1 6 don't we take a break. I'm going t o
17 trial, have you ever seen her since? 17 make a photocopy o f the Network Health
18 A. No. 18 card, go over m y notes real quick. I'm
19 Q. I n all the time that you had gone for 1 9 sure we can wrap things up.
2 0
the medical treatment with your providers, have 20 THE WITNESS: Okay.
21
you ever reported t o them that you injured your
21
22
22 right arm, wrist, biceps i n some manner other
2 3 than in connection with the January 16, 2013 23
(Recess taken)
2 4 event? 2 4 MR. TAPPLY: Back on the record.
Richard Stebbins
September 9, 2013
3 0 (Pages 114 to 117)
CATUOGNO COURT REPORTING & STENTEL TRANSCRIPTION
Springfield, MA Worcester, MA Boston, MA Providence, RI
Electronically signed by Lisa Regensburger (401-126-248-1909) 51b1c43b-3d14-45b2-9623-af3a3215dde4
Richard Stebbins
September 9, 2013
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Page 118
Q. (By Mr. Tapply) Sir, do you know who
the insurer i s that's associated with your
workers' compensation claim?
A. No.
Q. Do you have an attorney with whom
you're working in connection with that claim?
A . Yes.
O. And who i s that?
A. Harold Resnic.
Q. Sir, other than the weightlifting
routine changing, is there anything that you
cannot do now that you did with any regularity
prior to January 16, 2013?
A. I can't put m y arm around my wife
without m y arm going numb, I can't sleep through
the night.
Q. Let me stop you right there.
When you say you can't put your arm
around your wife without your arm going numb, i
hat when you lift your arm or you put it in :
certain position or you move it in a certain
way?
A. When I place any pressure on the area
between my elbow and my middle biceps, i t will
Page 119
go numb.
Q. It goes numb from that point down
through your fingertips?
A. Yes.
O. What else?
A. I can't sleep through the night
because I flop around a lot and my arm wakes me
up. It goes numb and I flip it around i n
strange positions.
Q. Do you take any medication to assist
with the sleeping?
A. No.
Q. Are you currently taking any
medications in connection with any injuries
connected with that January 16, 2013 event?
Q . Other than not being able t o put your
arm around your wife and sleeping through the
night, i s there anything else that you cannot do
now that you did with any regularity before that
day?
A. I don't d o any heavy lifting. I
don't horse around with my nieces and nephews
like I used to because I don't want to drop
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Page 120
them. I can't mow the lawn, I can't use a
weedwhacker.
Q. Who mowed the lawn at your mother's
house prior to this day?
A.
I would take care o f the lawn prior
to this incident.
Q. What kind of a lawnmower did you use?
A . Just a push mower.
Q. Gasoline-powered engine push mower?
Yes.
Q.
A.
Self-propelled mower or not?
No.
Q. And you can't d o that anymore?
No.
Q. Who mows the lawn now?
A . My sister.
Q. How long has your sister lived at
your mother's house?
A. All but a year of her life.
Q. Prior to January 16, 2013, when the
lawn needed to be mowed, it's something you did?
• Yes.
Q. Have you mowed the lawn at all since?
A . No.
Page 121
Q . What else?
A. I did try t o mow the lawn since but
the vibrations -- I can't ride my bicycle the
way I used to ride it. Now when I'm forced t o
ride it, I ride it slow.
Q. What else can't you d o now?
A . Climbing up items. I used to do
pull-ups. Those I can't do with my right arm,
because when that area stretches, the arm pretty
much goes numb instantly. Climbing ladders I
don't do. I don't do any roofing. I used to do
construction work, lawn care. I don't do that
anymore.
Q. Other than your sister mowing the
lawn, who takes care of the rest of the outside
maintenance to your mother's house?
A . There really isn't any maintenance.
Q. Have you, your mother, your wife, or
your sister had t o hire anyone to d o any type of
work a t the house or elsewhere that you normally
would have done?
A. No.
Q. Sir, have you understood all of my
questions today?
3 1 (Pages 118 to 121)
CATUOGNO COURT REPORTING & STENTEL TRANSCRIPTION
Springfield, MA Worcester, MA Boston, MA Providence, R I
Electronically signed b y Lisa Regensburger (401-126-248-1909)
51b1c43b-3d14-45b2-9623-af3a3215dde4
Richard Stebbins
September 9, 2013
Page 122
Page 124
COMMONWEALTH OF MASSACHUSETTS
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A. Yes.
Q. And if you didn't understand a
question you let m e know, correct?
A. Correct.
Q . All right.
MR. TAPPLY: A t this point I have
n o further questions. We have made a n
agreement, counsel has had his client
sign both a medical records
authorization and an employment records
authorization. I indicated that I would
provide copies of all documents
contained using these authorizations.
For the record, I will be
forwarding to counsel most likely an
authorization for Planet Fitness records
pertaining to Mr. Stebbins's visiting of
that facility.
MR. APPLEBAUM: That's fine. And
does your firm provide us a copy of
transcript of today's EUO?
MR. TAPPLY: A transcript will be
provided.
MR. APPLEBAUM: Very good.
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I, LISA A. REGENSBURGER, Court Reporter, do
hereby certify that the foregoing is a true and
accurate transcription of m y stenographic notes,
to the best of my knowledge and ability.
WITNESS MY HAND, this Ist day of
October, 2013.
Lisa Regenstures
Lisa A . Regensburger
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Page 123
(Exhibit 7, Network Health card, marked)
(Examination suspended at 1:24 p.m.)
32 (Pages 122 to 124)
CATUOGNO COURT REPORTING & STENTEL TRANSCRIPTION
Springfield, MA Worcester, MA Boston, MA Providence, RI
Electronically signed by Lisa Regensburger (401-126-248-1909) 51b1c43b-3d14-45b2-9623-af3a3215dde4
I ended up needing to have surgery on my torn rotator cough in my right shoulder and then it got infected while I was going to probation that was horrible I wasn't allowed to miss glass so I had to go to the emergency room after class one night
11-7-2013
11-7-2013
I ran into the security guard who originally spoke to me all those months ago
was able to write me a newer statement along with giving me the original
that Walmart still had on file. I gave copies of both of these to ADA
Katharine Johnston
this was a couple weeks before my shoulder got infected
Janet Ely said I couldn't miss my FAKE anger management class,
so i was forced to sit through that worthless nonsense, and then
went to the ER after
Intro
What was supposed to happen:
what actually happened:
why it matter:
Ai reflection and questions:
and then on 11-13-2013 Paid 311 for window even thought judge Hadley and the district attorneys office still hadn't given me a copy of the receipt. After surgery I still had to work off my probation fees.
I tried to pay off my probation fees with the Hampton County District courts program but they sent us to Belchertown and had us doing physical labor at the Swift River Sportsman's club, where I'm pretty sure this probation guy lived, we were cleaning brush so that they could pheasant hunt. I believe that was the birds they were shooting. these invasive bushes started growing and they wanted free labor to clean it up.
Intro
What was supposed to happen:
what actually happened:
why it matter:
Ai reflection and questions:
and them 1-28-2014 completed anger management what a waste of my life
Intro
What was supposed to happen:
what actually happened:
why it matter:
Ai reflection and questions:
and then I was receiving threats and I filed the restraining order against that driver because I was continuing to look into this case and then my case got bumped up from February 20th to the 12th
2-12-2014
2-12-2014
amazing that I was attacked on the same street that someone in my case
lived on but I wouldn't find out about that until sept 4, 2014.
what did police do with the video from the day of my attack?
I talked to the Manager Roger from napa and he confirmed that officers came and picked it up and he was
able to see the black SUV involved in my attack and he confirmed people entering
and exiting that vehicle that was waiting for me up near Boston rd.
I wonder if it also showed someone driving illegally who lived on that street,
just a couple houses away headed to court after my attack?
IT'S A 2 MINUTE WALK from my house TO THIS PERSONS HOUSE, 463FT ACCORDING TO GOOGLE MAPS.
Intro
What was supposed to happen:
what actually happened:
why it matter:
Ai reflection and questions:
I'm going to learn that the girl lived on the same street I was attacked on the Little Red Arrow is where I live the Blue Circle with a line is where I was attacked the pink area up the road like 60 feet is where the car was parked and waiting that red little squash rectangle area to the left is where she lives and up above the little red circle with the line is where I had to take the bus to court after I'd gotten stabbed they're slashed whatever the person had a box cutter, the police never looked into it and did anything idiots
and then 2-28-2014 asked judge Hadley for stuff
judge had proof driver was driving illegally(entered in docket) and that meant officers aided and abetting her when they covered it up.
2-28-2014
up until this point i still hadn't received a copy of the window invoice
page 3 i told judge Hadley about ada saying he denied my request. which she
said also included the receipt because it had insurance info on it.
even though judge Hadley stated i was to receive a copy on 3-10-13
page 4 i bring back up the 12-17-2012 cancelled reg and insurance, judge Hadley never
questions it or asks the ADA why Kishana wasn't issued a ticket.
page 6 I bring up the R5 report i received from the detective doing my
investigation against officers denying me medical attention. this officer also
alter the copy before handing it to me, i didn't know at the time, but the sticker
numbers and date confirm her vehicle failed for safety and they knew.
at the end page 6. judge Hadley comments, well, that's whether someone paid for that damage.
this is why i kept trying to get a copy of the receipt, so i could contact the window installer.
clearly judge Hadley states that paying for that window mattered, he said page 55 on 5-1-2013
page 7 told judge Hadley about ombudsman and he still acted indifferent. going into 8 and 9.
Page 10 sounds like the ADA openly mocking me, she brings up the rejected claim, it was rejected because Kishana
was driving illegally according to ma state law. she had the paperwork, is she pretending to not
understand how insurance works.
page 12 THE COURT: So, she wasn’t cited, she wasn’t charged, but
you’re alleging that somehow, the police would’ve - you think -
run her plate or done some --
MR. STEBBINS: I spoke --
THE COURT: -- hold on - done some further research, put
that in a police report, then erased it and that they knew it, it
was in a police report, but it was deleted and not told to you?
That’s your allegation, right?
page 13 first paragraph, ADA Johnston confirms that the registration should be there,
it was suspended and that isn't reflected in my police report.
its also missing the (red) rejection sticker for safety information.
she even claims there's no reason to believe anything would've been deleted
or that any information would've been withheld.
page 14 ADA states how she would be surprised if officers deleted information,
she herself had information questioning my guilt and also forgot about it? and withheld
statements i gave her, hoping no one else would read them. I still hadn't found my altered statement at this point.
second paragraph she isn't correct when she says this report is a full and accurate representation
of what officers view, its hiding the lack of insurance, suspended registration and failed inspection.
Officers would have t be suffering from some sort of mental illness themselves
to miss this information on their screens. because it's in the color photos in the docket.
we'll get to that in
page 19 Judge Hadley clearly remembers(absolutely crystal clearly) what he imagined he saw in that video.
perhaps he forgot his comments about the poor quality of the viewing equipment provided by the commonwealth,
the day of my trial.
I put the videos on Youtube for all to see.
Does judge Hadley remember also saying I was supposed to be provided a copy of the invoice, that he commented
might not have been paid for this very day. page 54-55 5-1-2013
what about 5-10-2013 didn't provide me a copy of that receipt
Intro
What was supposed to happen:
what actually happened:
why it matter:
Ai reflection and questions:
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Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
Volume: VI of VI
Pages: 21
Exhibits: 0
COMMONWEALTH OF MASSACHUSETTS
HAMPDEN , SS DISTRICT COURT DEPARTMENT
OF THE TRIAL COURT
* * * * * * * * * * * * * * * * *
*
COMMONW EALTH OF MASSACHUSETTS *
* Docket No.
VS. * 1323CR0284
*
RICHARD L . STEBBINS, JR *
*
* * * * * * * * * * * * * * * * *
HEARING
BEFORE THE HONORABLE WILLIAM P . HADLEY
APPEARANCE :
FOR THE COMMONWEALTH:
Hampden County District Attorney’s Off ice
50 State Street
Springfield , MA 01103
By: Katharine A . Johnston, ADA
FOR THE DEFENDANT STEBBINS:
Pro Se
Springfield, Massachusetts
Courtroom Number 3
February 28, 2014
Reporter: Raymond F. Catuogno , Sr.
Registered Professional Reporter
Recorder: Unknown Court Recording Monitor
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Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
I N D E X
WITNESS DIRECT CROSS REDIRECT RECROSS
(NONE CALLED )
EXHIBITS PAGE
(NONE MARKED )
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Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
(Court called to order.)
(Defendant present.)
(9:25 a.m.)
THE COURT: Mr. Stebbins, you can come on up, please.
Looks like you filed two motions - a motion for a new trial and
another motion for some sort of discover, so, go ahead, I’ll hear
from you. By the way, are you represented by a lawyer in this
matter?
MR. STEBBINS: No.
THE COURT: All right.
MR. STEBBINS: My appeals lawyer said she doesn’t deal with
evidence that’s been tampered with, only appeals, so I’d be
representing myself.
THE COURT: Okay, go ahead, I’ll hear from you.
MR. STEBBINS: During my trial, I was denied evidence that
day. I was told that you had denied my request for her motor
vehicle accident report of the day, Ms. Johnson’s (phonetic) car
insurance information, the audio and video from the police
station and her phone records.
THE COURT: Hold on a second - you were told that I denied
your request?
MR. STEBBINS: Yes, Your Honor, by the Assistant District
Attorney. I’ve already been - I was already approved it by Judge
Beattie, I believe it was. I don’t have the audio recordings - I
have the request here from December 5th - I’ve been still waiting
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on these recordings - showing that I was given access to this
information. It was never provided for me. And, on, uh, May
10th, I’d also - I requested her insurance information and I
don’t recall your exact answer, but I was denied that request.
Since then, I’ve been proven - I’ve been shown evidence my police
report was tampered with. Ms. Johnson (phonetic) did not have
car insurance at the time of the accident and her registration
was suspended.
When I talked to the Registry, her insurance and
registration was cancelled on December 17th - a full month before
the incident. She was driving illegally or she shouldn’t have
been driving at all, that car shouldn’t have been there, when she
claimed I assaulted her. She reinstated her registration six
days later, on the 22nd. And she was still driving that vehicle
to and from work, knowing that the registration had been
suspended.
She had worked for my mother-in-law at the time of this
incident. That’s how I know she was still driving the vicinity.
I have the police report here and to show what evidence was
deleted off the police report, and there’s officers and troopers
in the room here that can attest to the screen that they see when
they pull up an individual’s registration information that is
missing from the report, but it has her VIN number, which they
wouldn’t have been able to just remember that. Judge, I would’ve
had no way to defend properly, without this information that I
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requested. And at the time, I thought this was just random
information, not that it would be so important to my case.
THE COURT: How is this so important to your case?
MR. STEBBINS: She accused me for absolutely no reason of
assaulting her vehicle, while I was walking through a parking
lot, which I claim that she hit me.
THE COURT: Okay.
MR. STEBBINS: She knew at the time she did not have car
insurance and in her panic, accused me of attacking her vehicle.
She was allowed to drive away from the scene. I’ve already
talked to the Registry. The officers involved did access her
registration information, they knew her registration was
suspended and she had no car insurance. She wasn’t cited and she
was still allowed to drive that vehicle away from the scene
illegally.
THE COURT: And you’re alleging that, in the discovery you
got in the case, which consisted of a police report --
MR. STEBBINS: Yes.
THE COURT: -- that there was some information --
MR. STEBBINS: The vehicle information was tampered with.
THE COURT: -- withheld from you?
MR. STEBBINS: Yes, it was deleted off the screen.
THE COURT: Deleted off the screen?
MR. STEBBINS: At the bottom of - I could show you the
paper, I’ve circled it.
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Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
THE COURT: Yes, I see what you’re --
MR. STEBBINS: It would’ve been with the VIN number.
THE COURT: Yes?
MR. STEBBINS: They had the VIN number, her registration
status, which should’ve said “suspended”. I have a - a newer
copy, which says, “Active, non-renewable”. And the insurance
company information is gone, it’s Occidental. She’s had that -
she had that insurance before it was canceled and she re-attained
it, six days after the accident. And this is all over a matter
for, like, a $300 window, which my insurance company informed me,
they would’ve paid for, if she would’ve had insurance on the day
of the accident. It was just an accident, they would’ve paid,
because it was under $500, I wouldn’t even of received a
surcharge for the window.
THE COURT: Well, that’s - whether someone paid for that
damage --
MR. STEBBINS: I paid for the window.
THE COURT: is a civil matter - right. That’s a different
issue here, but in any event -- and then you have another motion
that you’re asking that the Springfield Police Department and the
Registry of Motor Vehicle, riding with access logs, for anyone
who made inquires of the complaining witnesses license plate,
because you’ve been informed that someone accessed this
information the day of or the day after the --
MR. STEBBINS: To explain that, Your Honor --
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Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
THE COURT: Go ahead.
MR. STEBBINS: Every time a police officer or State Trooper
runs someone’s license plate, there’s a record of that officer
accessing their information. On the day of the accident, I
talked to the Ombudsman of the Registry and they informed me that
those officers did, in fact, access her information, so they knew
that she did not have car insurance and her registration was
suspended and that they should’ve cited her and had her vehicle
towed, regardless of what they were accusing me of.
THE COURT: Mm-hmm. And do you have any - did you do
anything to look into whether she had insurance or didn’t have
insurance, before the --
MR. STEBBINS: Yes, I have a - a copy --
THE COURT: No, before the trial?
MR. STEBBINS: I’ve made - the District Attorney told me I
did not need a court order for it, that they were going to give
me her insurance information, along with the motor vehicle
accident report from the incident, which would’ve had her
insurance information listed on it. And there’s no motor vehicle
accident report. I’ve made multiple requests at the Springfield
Police Department, but because I filed a complaint against the
Springfield Police Department, they haven’t been helping me.
THE COURT: Well, it was a police report.
MR. STEBBINS: Yes, Your Honor.
THE COURT: And that’s what you received and your
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Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
allegation is that this sort of information about insurance or
lack of registration was not provided to you and, in fact, was
deleted?
MR. STEBBINS: Yes, Your Honor.
THE COURT: There was no accident report, right --
MR. STEBBINS: There was no --
THE COURT: that you filed or she filed, as far as you
know?
MR. STEBBINS: There should’ve been an accident report.
THE COURT: Well.
MR. STEBBINS: Even with the police report, it’s only one-
sided, so they should of at least had her side of the story and
the motor vehicle accident report, but there is no motor accident
- vehicle accident report, because, if there was, it would’ve
shown that she did not have insurance and her registration was
suspended. And then her defense or her accusation of me doing it
out of nowhere, for absolutely no reason, the one car in the
parking lot and I’ve never had a violent history, I just decided
to attack it and I got lucky that it didn’t have insurance and
had a suspended registration.
THE COURT: All right. Attorney Johnston?
MS. JOHNSTON: Your Honor, I’m not sure if you recall, but
this is a pro se trial that proceeded in front of Your Honor back
in May, a Bench Trial. What I can tell you Your Honor is that
there was an arraignment date in January. At that time, the
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Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
defendant requested from us that we get the Wal-Mart video. We
did do that; that was provided to him. He was provided all the
discovery that existed.
When there is a motor vehicle accident report, it’s
typically noted in the police report, in the narrative, with the
ending, “Dash-AC”, which is an accident report. Those are
typically then requested from the police department. This
defendant was provided all discovery that was available to the
Commonwealth, as far as I’m aware, there were no pretrial
conference reports, indicating that there was anything missing
that we would be provided to him.
He decided to go pro se to trial. Back in March, I think,
there was a discussion of him having a Bar Advocate appointed.
However, he then waived that and asked for a quick trial date in
May. We proceeded to trial. There were no motions to dismiss or
discovery motions or anything brought before Your Honor on that
day. We went to trial. Your Honor found him guilty. There was
then a motion for reconsideration of that filed and a motion for
appeal. He’s continued to file motions, both with our Appellate
Unit with our office and, I believe, the Springfield Police
Department, seeking what I would consider at this point, post
conviction discovery.
At this point, Your Honor, I would - I guess treat this as a
Rule 30 motion for a new trial. However, I’m not sure we’ve
received a motion for a new trial. The appropriate way to go
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Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
about his would be to file a motion for a new trial. In that
motion for a new trial, there would be need to be some level of
belief by Your Honor that there would be a likelihood of success,
if the information that he sought was obtained or even existed.
And under that section of the - I believe it’s C4, Rule 30, C4,
post conviction discovery - it basically has to say that that
discovery would somehow rise to a level of him having some
success, if he were able to obtain that post conviction
discovery.
In the case, I can’t see how, whether or not the car that he
is - has been found guilty of punching in the rear window in the
parking lot - whether it makes a difference whether that car was
insured or not insured or registered or not registered or whether
the driver had a license or not. Those are not issues that were
in the case.
The case was, did he maliciously damage that vehicle. We
went to trial, Your Honor heard the evidence, you saw the video
yourself. And I can say that, in the wake of this, he then filed
some claims with various insurance companies, which I believe
were denied. And I just - from the Commonwealth’s prospective,
if this is to be looked at as a motion for new trial and a motion
for post conviction discovery, I don’t see how these documents
that have been proved to you - and before the Commonwealth -
would even begin to meet the standard to, first of all, allow
Your Honor to order that post conviction discovery, if it even
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Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
exits, which I don’t believe it does. And then to allow a - what
I would say an evidentiary - some sort of an evidentiary hearing,
prior to Your Honor considering the granting of a motion for new
trial.
What I can say is, you’ve already heard the trial, you heard
the motion for a reconsideration of that trial and the appeal, I
believe, has been filed. So, I would ask Your Honor to deny this
request. As I said, I don’t think the documents that have been
filed procedurally meet the guidelines. This is a defendant who
has decided to go pro se, both at trial and post trial. He’s to
be held to the same standard as any other attorney would be, by
doing so. And as such, I think, first procedurally, it’s not
proper. And, second, if he were to even meet the merits of it,
that it doesn’t raise to the standard set forth by the rule, and
therefore, I’d ask you to deny it.
THE COURT: Let me ask you, Attorney Johnston, as far as
the allegation here that the discovery that was provided to Mr.
Stebbins prior to trial, in the form of a police report - it
appears - what do you think of his suggestion that something was
not - something was withheld from that, in the sense that, if the
- his - if I’m following you, Mr. Stebbins, your thought is that
if the police came to the scene and they took the information
from you and from Ms. Johnson (phonetic), that with the
information about her vehicle, VIN number, et cetera, they knew
at the time that the vehicle was unregistered, uninsured and --
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Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
MR. STEBBINS: Yes, Your Honor.
THE COURT: Are you alleging that she was charged at that
point with those crimes?
MR. STEBBINS: She was not charged.
THE COURT: Okay.
MR. STEBBINS: She wasn’t cited. Their --
THE COURT: So, she wasn’t cited, she wasn’t charged, but
you’re alleging that somehow, the police would’ve - you think -
run her plate or done some --
MR. STEBBINS: I spoke --
THE COURT: -- hold on - done some further research, put
that in a police report, then erased it and that they knew it, it
was in a police report, but it was deleted and not told to you?
That’s your allegation, right?
MR. STEBBINS: Yes, Your Honor.
THE COURT: Okay. Attorney Johnston, what do you think of
that?
MS. JOHNSTON: Your Honor, this is a typically police
report, it was completed on the day of the incident. It’s an
arrest report, therefore, it’s completed that day, either at the
end of shift or after the incident, unlike a warrant report,
which could be technically completed later, but because there was
an arrest, it’s completed that day.
THE COURT: Mm-hmm.
MS. JOHNSTON: It’s as - from the Commonwealth’s
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Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
prospective, a full and accurate reporting of what took place
that day. The officer types in all the information. He gives
the information of the parties, of the vehicles. As I stated, it
doesn’t reference any accident report in there. It does
reference various other things, such as her registration or an
evidence tag. There’s no reason to believe that anything
would’ve been deleted or that there would’ve been any sort of
intent to withhold information from this defendant. That’s not a
commonplace thing that we come across.
What I can tell Your Honor is that, these police reports,
they are a full and accurate representation of what the officer
views, at the time of the incident, to be the important facts,
regarding the charges that are going to enter. I am not aware,
Your Honor - I have not done the leg work that Mr. Stebbins has
done, to go to the RMV, to pull up her records, to find her
insurance, to do all of those things - that is not a typically
discovery request that I would be making.
If Mr. Stebbins had requested that from us --
THE COURT: I’m not suggesting you wouldn’t.
MS. JOHNSTON: To be honest, I’m not even sure that we
would. I think that would be Rule 17 motion that he would have
to file to get those kind of records. They’re not in the care
and custody and control of the Commonwealth. It’s not something
that we would’ve had access to ourselves. So, quite frankly, I’m
not sure how he even got some of that information.
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Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
From my prospective - from the Commonwealth’s prospective -
this is an accurate police report with full information about the
incident that took place that day. Her information is there. I
would be surprised to find out that there would’ve been something
on here that some officer would’ve gone in and specifically
deleted in some way, to withhold information from Mr. Stebbins.
I think there’s no basis for that allegation. It's
commonplace that vehicle information goes in here, with a VIN
number, with an owner, with the status of it. It’s not going to
give all of their insurance information. It’s not going to give
all of the various details of their insurance, their
registration. It’s not a traffic ticket. She wasn’t given a
traffic ticket.
I don’t see, as I said, any pretrial conference reports, any
discovery requests, any notations in my file, that these types of
things were requested from Mr. Stebbins. I’ve looked at the
Clerk’s file, I’m not sure if there’s anything that I’m missing,
but I just don’t see those requests. They were never made to me.
I don’t remember any mention of it on the day or trial. As Your
Honor typically sees things like we just saw with the drug serve
(phonetic), we’re here on the day of trial and defense counsel is
asking for a motion to dismiss, because discovery wasn’t
provided. That did not take place on the day of trial for Mr.
Stebbins trial.
So, from my prospective, this is a full and complete police
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report. This is what was provided to him. We provided any other
requests that he made, including the video. And, beyond that,
any other information from the Registry or from - there - I can’t
imagine a time that I would be providing a defendant, my alleged
victims Registry information or my alleged victim’s insurance
information. I just - I can’t see how I would ever be in a
position to do that.
It's something that I think would be the basis of a Rule 17
motion, if the defendant was seeking that type of information.
Such as, you know, victims mental health records, victims medical
records, victims registration, insurance, so from that
prospective --
THE COURT: I understand, Attorney Johnston, but a little
simpler question, which was not really getting into discovery -
his allegation is that somehow he’s been told by the Registry of
Motor Vehicles that an officer accessed the registry records on
the day of the police - on the incident. And that he believes it
would’ve shown these things and that he surmises - and I get it,
Mr. Stebbins - that would’ve been in the report. Some
information that she was cited, charged or whatever or not. I’m
to saying - that’s all I’m asking. And you don’t see each other
- you’re saying - you didn’t see anything in this report that
would be the case.
MS. JOHNSTON: I don’t, Your Honor.
THE COURT: All right.
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MS. JOHNSTON: They say that her - what the color and make
of the car was, what the registration was. There’s no mention of
running her information or any result from that information.
That’s not to say it didn’t happen, but it’s not in the report.
The request was never made of the Commonwealth to provide that
information. It seems Mr. Stebbins has gotten that information
on his own.
THE COURT: Mm-hmm. Mm-hmm.
MS. JOHNSTON: I don’t think there’s any indication, from
this report, that anything was requested and then deleted and/or
not provided to Mr. Stebbins.
THE COURT: All right. Go ahead, I’ll give you one last
word and I’ve got to move on here. I’m going to take it under
advisement.
MR. STEBBINS: I didn’t request it from Ms. Johnston.
Another Assistant District Attorney told me I didn’t - I just had
to request it from her, which I did. And then I had to --
THE COURT: Request what? Request what?
MR. STEBBINS: Request the motor vehicle accident report
and her insurance --
THE COURT: There is no motor vehicle accident report.
MR. STEBBINS: At the time, I believe there should’ve been
and then she told me I needed to --
THE COURT: Well, whether there should’ve been or not is a
different subject, I have no indication that one was ever
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created. All right? There’s an incident report, right, but
there’s no accident report. You understand the difference?
MR. STEBBINS: Yes, Your Honor.
THE COURT: You didn’t file one, right?
MR. STEBBINS: No.
THE COURT: Okay.
MR. STEBBINS: And at the same time, I made a request to
her for the audio and video from the police station and --
THE COURT: Yes.
MR. STEBBINS: - Ms. Johnson’s (phonetic) cell phone
records, which I believe was Judge Beattie - I don’t have it
written down.
THE COURT: Well, you can’t really --
MR. STEBBINS: Judge Beattie gave me access to it. And I
have the dates that I went to him, but I’m still waiting - I
still have the request for that information from December 5th,
which still hasn’t been provided to me, that would’ve shown that
--
THE COURT: December 5th after the trial, you mean?
MR. STEBBINS: No - uh, yes, after the trial.
THE COURT: Yes, well, that’s --
MR. STEBBINS: From the recordings that showed that I asked
for this information that was denied me during my trial. I have
the request, but it’s never been provided for me.
THE COURT: What request do you have, that you have in
18
Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
writing, made before the trial - when you say --
MR. STEBBINS: No, this was - well, I don’t have a number,
he gave it to me verbally.
THE COURT: After the trial - they’re two different
subjects. I’m really focusing on what is it that you asked for,
before the trial, that you didn’t get?
MR. STEBBINS: Specifically, Judge, the - I believe it’s
the - the - the video and audio from the police station and her
cell phone records from the time of the accident. He verbally
gave me those. They weren’t in writing. The other Assistant
District Attorney was supposed to give me those and told me I
didn't need to request her insurance information or the motor
vehicle accident report, because it wasn’t something that they
needed to request, it’s just something that should just be given
to me after an accident.
THE COURT: Well, I don’t have any of that in front of me.
MR. STEBBINS: I understand that, Your Honor, but my point
is, the reason there wasn’t - they - there was no accident report
is this R5 Inquiry - I shouldn’t even have a copy of this paper.
The day they accessed this, the Registry told me that they
accessed it and they knew that she did not have insurance and
they knew she had a suspended registration. The - the reader
from my report, they said that she should’ve been cited, it
should’ve been in my police report and this is - the Trooper is
here and the police officer - when they run a registration,
19
Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
that’s the screen they see.
THE COURT: All right.
MR. STEBBINS: And this information was purposely deleted
from this report, ‘cause that would’ve - it would’ve changed my
defense. I had no idea who this woman was before this. She just
accused me, out of nowhere, of attacking her vehicle for no
reason.
THE COURT: Well, I’ll take it under advisement, sir. I
have to move on here. I understand I think your arguments. The
- some of the issues here go back to what I tried to get across
to you the day of the trial, whether you wished to do anything
else to prepare yourself, whether you wanted to have a lawyer,
whether you - and you absolutely insisted you had to go to trial
and I would - I remember this absolutely crystal clearly - and
that you wanted a trial that day and I would see from that video
that you were completely innocent and that’s not what I saw, but
some of these issues, trying to do some of this after the fact,
presents some real problems.
I’ve heard what you’ve said. I understand. I’ll look
carefully at it. I’ll take it under advisement, both motions, so
I’ll issue a written decision.
MS. JOHNSTON: Thank you, Your Honor.
(Court adjourned at 9:47 a.m.)
20
Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
The Commonwealth of Massachusetts
OFFICE OF COURT MANAGEMENT, Transcription Services
AUDIO ASSESSMENT FORM
For court transcribers: Complete this assessment form for each volume of transcript
produced, and include it at the back of every original and copy transcript with the
certificate page, word index, and CD PDF transcript.
TODAY’S DATE: May 7, 2014 TRANSCRIBER NAME: Raymond F. Catuogno, Sr.
CASE NAME: Commonwealth v Richard Stebbins, Jr DOCKET NUMBER: 1323CR0284
RECORDING DATE: February 28, 2014 TRANSCRIPT VOLUME: 6 OF 6
(circle one) TYPE: CD TAPE QUALITY: EXCELLENT GOOD FAIR POOR
(circle all that apply) ISSUES (include time stamp):
background noise time stamp:
low audio
low audio at sidebar
simultaneous speech
speaking away of microphone
other: time stamp:
COMMENTS:
21
Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
COMMONWEALTH OF MASSACHUSETTS1
I, RAYMOND F. CATUOGNO, SR ., an Approved Court2
Transcriber , do hereby certify that the foregoing is a3
true and accurate transcript from the audio recording4
provided to me by unknown court recording monitor of5
the Springfield District Court proceedings in the6
above- entitled matter.7
8
I, RAYMOND F. CATUOGNO, SR., further certify that9
the foregoing is in compliance with the Administrative10
Office of the Trial Court Directive on Transcript11
Format .12
13
I, RAYMOND F. CATUOGNO, SR., further certify that I14
neither am counsel for, related to , nor employed by any15
of the parties to the action in which this hearing was16
taken, and further that I am not financially nor17
otherwise interested in the outcome of the action.18
19
____May 7, 2014_________ ____Raymond F. Catuogno, Sr.__20
Date Raymond F. Catuogno, Sr.21
One Monarch Place22
Springfield, MA 01144-00023
(888) 228-864624
CourtReporting@Catuogno.cc25
26
22
Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
1
02
0 ---------------------------- 13 000 ----------------------- 214 01103 ---------------------- 15 01144 -------------------- 216
17
10th ------------------------ 48 1323CR0284 -------- 1, 209 17 -------------------- 13, 1510 17th ------------------------ 411
212
2014 ------------- 1, 20, 2113 21 --------------------------- 114 228 ----------------------- 2115 22nd ----------------------- 416 25 --------------------------- 317 28 ---------------------- 1, 2018
319
3 ---------------------------- 120 30 --------------------------- 921 300 ------------------------- 622
423
47 ------------------------- 1924
525
50 --------------------------- 126 500 ------------------------- 627 5th --------------------- 3, 1728
629
6 -------------------------- 2030
731
7 --------------------- 20, 2132
833
888 ----------------------- 2134
935
9 ------------------------3, 1936
A37
a --- 3, 4, 5, 6, 7, 8, 9, 10,38 11, 12, 13, 14, 15,39 16, 17, 18, 19, 2140 A---------------------------- 141 able --------------------4, 1042 about -------- 8, 10, 11, 1443 above -------------------- 2144 AC -------------------------- 945 access -- 4, 5, 6, 7, 13, 1746 accessed --------- 6, 15, 1847 accessing ----------------- 748 accident - 3, 4, 6, 7, 8, 9,49 13, 16, 17, 1850 accurate ------- 13, 14, 2151 accusation --------------- 852 accused ---------------5, 1953 accusing ------------------ 754 across --------------- 13, 1955 action -------------------- 2156 ADA ------------------------ 157 adjourned --------------- 1958 Administrative --------- 2159 advisement -------- 16, 1960 after ---- 6, 12, 17, 18, 1961 After ---------------------- 1862 against -------------------- 763 ahead ------------- 3, 7, 1664 all 4, 6, 9, 10, 13, 14, 15,65 2066 All ---- 3, 8, 15, 16, 17, 1967 allegation - 8, 11, 12, 14,68 1569 alleged ------------------- 1570 alleging ---------------5, 1271 allow --------------------- 1072 allowed ------------------- 573 along ---------------------- 774 already ------------ 3, 5, 1175 also ------------------------ 476 am ------------------- 13, 2177
an-- 4, 6, 8, 9, 11, 12, 13,78 14, 15, 17, 18, 2179 And--4, 5, 6, 7, 8, 10, 11,80 15, 16, 17, 1981 and/or ------------------- 1682 another ---------------- 3, 683 Another ----------------- 1684 answer -------------------- 485 any --6, 7, 11, 13, 14, 15,86 16, 18, 2187 anyone -------------------- 688 anything 7, 9, 13, 14, 15,89 16, 1990 appeal ---------------- 9, 1191 APPEARANCE ------------ 192 appears ----------------- 1193 apply--------------------- 2094 appointed ---------------- 995 appropriate -------------- 996 Approved --------------- 2197 are ------------ 3, 9, 10, 1398 Are ----------------------- 1299 arguments-------------- 19100 arraignment ------------- 8101 arrest -------------------- 12102 as 8, 9, 10, 11, 12, 14, 15103 As ---------------- 11, 13, 14104 ask ----------------------- 11105 asked ------------ 9, 17, 18106 asking------------ 6, 14, 15107 assaulted ----------------- 4108 assaulting ----------------- 5109 assessment------------- 20110 Assistant -------- 3, 16, 18111 At ---------------- 5, 8, 9, 16112 attack---------------------- 8113 attacking ------------- 5, 19114 attained ------------------- 6115 attest ---------------------- 4116 Attorney --- 1, 3, 7, 8, 11,117 12, 15, 16, 18118 audio ---3, 17, 18, 20, 21119 available ------------------ 9120 aware----------------- 9, 13121 away ------------------ 5, 20122
B123
back -------------- 8, 19, 20124 background ------------ 20125 basically ----------------- 10126 basis -----------------14, 15127
be 3, 5, 9, 10, 11, 12, 13,128 14, 15, 18129 because -- 6, 7, 8, 12, 14,130 18131 been 3, 4, 6, 7, 8, 10, 11,132 13, 14, 15, 16, 17, 18133 BEFORE -------------------- 1134 begin --------------------- 10135 belief --------------------- 10136 believe -- 3, 9, 10, 11, 13,137 16, 17, 18138 believes ----------------- 15139 beyond ------------------ 15140 both -------------- 9, 11, 19141 bottom -------------------- 5142 brought-------------------- 9143 but -4, 6, 7, 8, 12, 14, 15,144 16, 17, 18, 19145 By ----------------------- 1, 3146
C147
called ---------------------- 3148 CALLED -------------------- 2149 came --------------------- 11150 can --- 3, 4, 8, 10, 11, 13,151 15, 17152 canceled ------------------ 6153 cancelled ------------------ 4154 car --- 3, 4, 5, 7, 8, 10, 16155 care ---------------------- 13156 carefully ----------------- 19157 Catuogno ------- 1, 20, 21158 cause--------------------- 19159 CD ------------------------ 20160 cell ------------------- 17, 18161 certificate --------------- 20162 certify -------------------- 21163 cetera -------------------- 11164 changed ----------------- 19165 charged------------- 12, 15166 charges ------------------ 13167 circle --------------------- 20168 circled --------------------- 5169 cited------ 5, 7, 12, 15, 18170 claim ----------------------- 5171 claimed -------------------- 4172 claims -------------------- 10173 clearly ------------------- 19174 Clerk --------------------- 14175 color --------------------- 16176 come ------------------ 3, 13177
23
Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
COMMENTS ------------ 201 Commonwealth --- 9, 10,2 12, 13, 14, 16, 203 COMMONWEALTH 1, 214 companies -------------- 105 company ------------------ 66 complaining -------------- 67 complaint ----------------- 78 complete---------------- 149 completed -------------- 1210 completely ------------- 1911 compliance ------------- 2112 conference ---------- 9, 1413 consider ------------------- 914 considering ------------- 1115 consisted------------------ 516 continued ----------------- 917 control------------------- 1318 conviction ----------- 9, 1019 copy ----------- 6, 7, 18, 2020 could ------------------ 5, 1221 Court ---------- 1, 3, 19, 2122 COURT ---- 1, 3, 5, 6, 7, 8,23 11, 12, 13, 15, 16,24 17, 18, 19, 2025 CourtReporting@Catuo26 gno ------------------- 2127 Courtroom --------------- 128 created ------------------ 1729 crimes ------------------- 1230 CROSS --------------------- 231 crystal ------------------- 1932 custody ------------------ 1333
D34
D ---------------------------- 235 damage--------------- 6, 1036 date ---------------------8, 937 Date ---------------------- 2138 DATE --------------------- 2039 dates --------------------- 1740 day 3, 6, 7, 9, 12, 13, 14,41 15, 18, 1942 days ---------------------4, 643 deal ------------------------ 344 December -------- 3, 4, 1745 decided ------------ 8, 9, 1146 decision ----------------- 1947 defend --------------------- 448 Defendant ---------------- 349 DEFENDANT -------------- 150 defense---------- 8, 14, 1951 deleted --- 4, 5, 8, 12, 13,52
14, 16, 1953 denied ------- 3, 4, 10, 1754 deny ---------------------- 1155 Department ------- 6, 7, 956 DEPARTMENT ----------- 157 details -------------------- 1458 difference ---------- 10, 1759 different --------- 6, 16, 1860 DIRECT -------------------- 261 Directive ----------------- 2162 discover ------------------ 363 discovery ----5, 9, 10, 11,64 13, 14, 1565 discussion ---------------- 966 dismiss ----------------9, 1467 District 1, 3, 7, 16, 18, 2168 DISTRICT------------------ 169 do 3, 7, 9, 11, 12, 13, 15,70 17, 19, 2171 Docket -------------------- 172 documents --------- 10, 1173 does ----------------- 11, 1374 doing ------------------8, 1175 don 3, 10, 11, 14, 15, 16,76 17, 1877 done ----------------- 12, 1378 down --------------------- 1779 drive ----------------------- 580 driver --------------------- 1081 driving -------------------- 482 drug ---------------------- 1483 during -------------------- 1784 During --------------------- 385
E86
E ---------------------------- 287 each ----------------- 15, 2088 either--------------------- 1289 else ----------------------- 1990 employed --------------- 2191 en -------------------------- 992 end ----------------------- 1293 ending -------------------- 994 enter --------------------- 1395 entitled ------------------ 2196 erased-------------------- 1297 et -------------------------- 1198 even ---- 6, 10, 11, 13, 1899 Even ----------------------- 8100 event ---------------------- 6101 ever------------------ 15, 16102 every --------------------- 20103 Every ---------------------- 7104
evidence ----- 3, 4, 10, 13105 evidentiary ------------- 11106 exact ----------------------- 4107 Exhibits-------------------- 1108 EXHIBITS ------------------ 2109 existed --------------- 9, 10110 exits ---------------------- 11111 explain -------------------- 6112
F113
F ------------------ 1, 20, 21114 fact ----------------- 7, 8, 19115 facts --------------------- 13116 far ------------------ 8, 9, 11117 February ------------- 1, 20118 file -------9, 10, 13, 14, 17119 filed ----- 3, 7, 8, 9, 10, 11120 financially -------------- 21121 find -------------------13, 14122 first-------------------10, 11123 focusing ----------------- 18124 following---------------- 11125 For ----------------------- 20126 FOR ------------------------ 1127 foregoing --------------- 21128 form -----------------11, 20129 Format ------------------ 21130 forth --------------------- 11131 found ----------------- 9, 10132 frankly ------------------- 13133 from 3, 4, 5, 7, 9, 10, 11,134 12, 13, 14, 15, 16,135 17, 18, 19, 21136 From -----------------14, 17137 front ------------------ 8, 18138 full---------------- 4, 13, 14139 further --------------12, 21140
G141
gave------------------17, 18142 get-------9, 13, 15, 18, 19143 getting------------------- 15144 give --------- 7, 14, 16, 18145 given ------------- 4, 14, 18146 gives --------------------- 13147 go--------- 3, 9, 11, 13, 19148 goes ---------------------- 14149 going-------- 7, 13, 14, 16150 gone ------------------ 6, 14151 got ------------ 5, 8, 13, 16152 gotten ------------------- 16153 granting ----------------- 11154
guess ----------------------- 9155 guidelines --------------- 11156 guilty ------------------ 9, 10157
H158
had --- 3, 4, 5, 6, 7, 8, 10,159 13, 16, 18, 19160 HAMPDEN ---------------- 1161 happen ------------------ 16162 has------ 4, 10, 11, 13, 16163 have -- 3, 4, 5, 6, 7, 8, 10,164 11, 13, 16, 17, 18, 19165 having ---------------- 9, 10166 he -- 9, 10, 11, 13, 15, 18167 He ----------- 9, 11, 13, 18168 health -------------------- 15169 hear ------------------------ 3170 heard ---------- 10, 11, 19171 hearing ------------- 11, 21172 HEARING ------------------ 1173 held ---------------------- 11174 helping -------------------- 7175 her ---- 3, 4, 5, 6, 7, 8, 11,176 12, 13, 16, 17, 18, 19177 Her ----------------------- 14178 here -- 3, 4, 6, 11, 14, 16,179 18, 19180 hereby ------------------- 21181 him ---------- 9, 10, 15, 17182 his --------- 10, 11, 15, 16183 history --------------------- 8184 hit--------------------------- 5185 hmm ------------- 7, 12, 16186 hold ---------------------- 12187 honest ------------------- 13188 Honor --- 3, 6, 7, 8, 9, 10,189 11, 12, 13, 14, 15,190 17, 18, 19191 HONORABLE ------------- 1192 how --------- 4, 10, 13, 15193 How ------------------------ 5194 However ------------------ 9195
I196
I 2, 3, 4, 5, 6, 7, 8, 9, 10,197 11, 12, 13, 14, 15,198 16, 17, 18, 19, 21199 idea----------------------- 19200 if ----- 6, 8, 10, 11, 14, 15201 If -------------------------- 13202 illegally ---------------- 4, 5203 imagine ------------------ 15204
24
Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
important ------------ 5, 131 in --- 3, 4, 5, 6, 7, 8, 9, 10,2 11, 12, 13, 14, 15,3 16, 17, 18, 214 In-------------------------- 105 incident 4, 7, 12, 13, 14,6 15, 177 include------------------- 208 including ---------------- 159 index --------------------- 2010 indicating ----------------- 911 indication --------------- 1612 individual ----------------- 413 information 3, 4, 5, 6, 7,14 8, 10, 11, 13, 14, 15,15 16, 17, 18, 1916 informed ---------------6, 717 innocent ---------------- 1918 inquires-------------------- 619 insisted ------------------ 1920 insurance 3, 4, 5, 6, 7, 8,21 10, 13, 14, 15, 16, 1822 insured ------------------ 1023 intent -------------------- 1324 interested--------------- 2125 into -------------------- 7, 1526 involved ------------------- 527 is 4, 5, 6, 8, 9, 10, 11, 12,28 13, 14, 15, 16, 18, 2129 issue------------------- 6, 1930 issues --------------- 10, 1931 it --- 3, 4, 5, 6, 7, 8, 9, 10,32 11, 12, 13, 14, 15,33 16, 17, 18, 19, 2034 It 4, 6, 12, 13, 14, 15, 1635
J36
January -------------------- 837 Johnson ------ 3, 4, 11, 1738 Johnston 1, 8, 11, 12, 15,39 1640 Jr -------------------------- 2041 Judge---------- 3, 4, 17, 1842 jus 4, 6, 8, 10, 14, 15, 16,43 18, 1944 just --- 4, 6, 8, 10, 14, 15,45 16, 18, 1946
K47
kind ---------------------- 1348 knew ----- 5, 7, 11, 12, 1849 know --------------- 4, 8, 1550
knowing ------------------ 451
L52
L ---------------------------- 153 lack ------------------------ 854 last ------------------------ 1655 later -------------------4, 1256 law ------------------------- 457 lawyer-----------------3, 1958 least ----------------------- 859 leg------------------------- 1360 Let ------------------------ 1161 level ---------------------- 1062 license ------------ 6, 7, 1063 like ----------------- 3, 6, 1464 likelihood---------------- 1065 listed ---------------------- 766 little ---------------------- 1567 logs ------------------------ 668 look --------------------7, 1969 looked -------------- 10, 1470 lot ------------------ 5, 8, 1071 low ------------------------ 2072 lucky ----------------------- 873
M74
MA ---------------------1, 2175 made ---- 6, 7, 14, 15, 16,76 17, 1877 make --------------------- 1678 makes -------------------- 1079 making ------------------- 1380 March --------------------- 981 MASSACHUSETTS --1, 2182 matter ------------ 3, 6, 2183 May-------- 4, 8, 9, 20, 2184 me -- 4, 5, 6, 7, 8, 11, 14,85 16, 17, 18, 19, 2186 mean --------------------- 1787 medical ------------------ 1588 meet----------------- 10, 1189 mental ------------------- 1590 mention ------------ 14, 1691 merits -------------------- 1192 microphone ------------ 2093 missing------------ 4, 9, 1494 Monarch ---------------- 2195 Monitor------------------- 196 month--------------------- 497 mother-------------------- 498 motions----------- 3, 9, 1999 motor -- 3, 7, 8, 9, 16, 18100
move ----------------16, 19101 Mr -- 3, 11, 13, 14, 15, 16102 MR --3, 5, 6, 7, 8, 12, 16,103 17, 18, 19104 Ms -------- 3, 4, 11, 16, 17105 MS-- 8, 12, 13, 15, 16, 19106 My-------------------------- 3107 myself --------------------- 3108
N109
N ---------------------------- 2110 NA ------------------------ 20111 NAME ------------------- 20112 narrative ------------------ 9113 need ------------- 7, 10, 18114 needed --------------16, 18115 neither ------------------ 21116 never ---- 4, 8, 14, 16, 17117 new ---------------- 3, 9, 10118 newer --------------------- 6119 No ---------- 1, 3, 7, 17, 18120 noise --------------------- 20121 non ------------------------- 6122 nor ----------------------- 21123 not --4, 5, 7, 8, 9, 10, 11,124 12, 13, 14, 15, 16,125 18, 19, 21126 notations --------------- 14127 noted ---------------------- 9128 nowhere ------------- 8, 19129 Number ------------------- 1130 NUMBER ---------------- 20131
O132
obtain ------------------- 10133 obtained ---------------- 10134 OF ---------------- 1, 20, 21135 off -------------------- 4, 5, 9136 Off --------------------- 1, 21137 Office ----------------- 1, 21138 officer --7, 13, 14, 15, 18139 Okay ---------- 3, 5, 12, 17140 on ---3, 4, 6, 7, 9, 12, 14,141 15, 16, 18, 19, 21142 On -------------------------- 7143 one ---------- 8, 16, 17, 20144 One ---------------------- 21145 only --------------------- 3, 8146 or ----4, 6, 7, 8, 9, 10, 12,147 13, 14, 15, 16, 18148 order -------------- 3, 7, 10149 original ------------------ 20150
other --11, 13, 15, 18, 20151 otherwise --------------- 21152 our-------------------------- 9153 ourselves---------------- 13154 out---------------- 8, 14, 19155 outcome ---------------- 21156 over ------------------------ 6157 own ---------------------- 16158 owner-------------------- 14159
P160
P ---------------------------- 1161 pa ------------------------- 20162 PAGE ----------------------- 2163 Pages ---------------------- 1164 paid ------------------------ 6165 panic ----------------------- 5166 paper ----------------- 5, 18167 parking ------------5, 8, 10168 parties -------------- 13, 21169 PDF ----------------------- 20170 phone ------------ 3, 17, 18171 phonetic 3, 4, 11, 14, 17172 place ---------------- 13, 14173 plate ---------------6, 7, 12174 please ---------------------- 3175 point ------------- 9, 12, 18176 Police --------------- 6, 7, 9177 position ----------------- 15178 prepare ------------------ 19179 present -------------------- 3180 presents ----------------- 19181 pretrial --------------- 9, 14182 prior ---------------------- 11183 Pro-------------------------- 1184 problems ---------------- 19185 proceeded ------------ 8, 9186 proceedings ------------ 21187 produced --------------- 20188 Professional -------------- 1189 proper ------------------- 11190 properly ------------------- 4191 prospective -- 10, 13, 14,192 15193 proved ------------------- 10194 proven --------------------- 4195 provide ------------------ 16196 provided - 4, 8, 9, 11, 14,197 15, 16, 17, 21198 providing ---------------- 15199 pull -------------------- 4, 13200 punching ---------------- 10201 purposely --------------- 19202
25
Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
put------------------------ 121
Q2
question----------------- 153 quick ----------------------- 94 quite --------------------- 135
R6
r ----------------------------- 77 raise ---------------------- 118 random -------------------- 59 Raymond-------- 1, 20, 2110 RAYMOND -------------- 2111 reader ------------------- 1812 real ----------------------- 1913 really ----------- 15, 17, 1814 rear ----------------------- 1015 reason --- 5, 8, 13, 18, 1916 rec ------------------------ 2117 recall --------------------4, 818 received ------------ 6, 7, 919 reconsideration ---- 9, 1120 record --------------------- 721 Recorder ------------------ 122 Recording ----------------- 123 recordings ----------- 3, 1724 records 3, 13, 15, 17, 1825 RECROSS ------------------ 226 REDIRECT ----------------- 227 ref ------------------------ 1328 reference --------------- 1329 regarding --------------- 1330 regardless----------------- 731 Registered ---------------- 132 registration - 4, 5, 6, 7, 8,33 13, 14, 15, 16, 1834 related ------------------- 2135 remember ------ 4, 14, 1936 report 3, 4, 5, 7, 8, 9, 11,37 12, 13, 14, 15, 16,38 17, 18, 1939 Reporter ------------------ 140 reports ---------- 9, 13, 1441 representation -------- 1342 represented -------------- 343 representing ------------- 344 request 3, 11, 13, 16, 17,45 1846 requested 4, 5, 9, 13, 14,47 1648 requests --------- 7, 14, 1549 research ----------------- 1250
result --------------------- 1651 Richard ------------------ 2052 riding ---------------------- 653 right --3, 6, 8, 12, 15, 16,54 17, 1955 rise ------------------------ 1056 RMV ---------------------- 1357 room ---------------------- 458 rule ----------------------- 1159 run ------------------- 12, 1860 running ------------------ 1661 runs ------------------------ 762
S63
S --------------------------- 2064 said -- 3, 6, 11, 14, 18, 1965 same ---------------- 11, 1766 saw ------------- 10, 14, 1967 say --------- 10, 11, 16, 1868 saying -------------------- 1569 says ------------------------ 670 scene ------------------5, 1171 screen ------------- 4, 5, 1972 Se -------------------------- 173 second ----------------3, 1174 section ------------------- 1075 see --- 4, 6, 10, 14, 15, 1976 seeking----------------9, 1577 seems -------------------- 1678 sees ----------------------- 1479 sense --------------------- 1180 serve --------------------- 1481 Services ------------------ 2082 set ------------------------ 1183 she ----3, 4, 5, 6, 7, 8, 12,84 15, 16, 1885 She ---- 4, 5, 6, 12, 14, 1986 shift ----------------------- 1287 should----- 6, 7, 8, 16, 1888 show ------------------- 4, 589 showed ------------------ 1790 showing ------------------ 491 shown -------- 4, 8, 15, 1792 side ------------------------ 893 sidebar ------------------- 2094 simpler ------------------- 1595 simultaneous ----------- 2096 Since----------------------- 497 sir ------------------------- 1998 six ----------------------- 4, 699 so -- 3, 5, 7, 8, 11, 15, 19100 So ---------- 11, 12, 13, 14101 some3, 5, 10, 12, 13, 14,102
19103 Some -------------------- 15104 somehow ------ 10, 12, 15105 someone--------------- 6, 7106 something ---- 11, 13, 14,107 15, 18108 sort------------ 3, 8, 11, 13109 sought ------------------- 10110 speaking ---------------- 20111 specifically ------------- 14112 Specifically ------------- 18113 speech------------------- 20114 spoke -------------------- 12115 Springfield --1, 6, 7, 9, 21116 SR------------------------- 21117 SS --------------------------- 1118 stamp-------------------- 20119 standard ------------10, 11120 State -------------------- 1, 7121 stated ------------------- 13122 station----------- 3, 17, 18123 status ----------------- 6, 14124 STEBBINS 1, 3, 5, 6, 7, 8,125 12, 16, 17, 18, 19126 still -------------- 3, 4, 5, 17127 story ----------------------- 8128 Street ---------------------- 1129 subject ------------------ 16130 subjects ----------------- 18131 success ------------------ 10132 such ------------------11, 13133 Such---------------------- 15134 suggesting -------------- 13135 suggestion -------------- 11136 supposed --------------- 18137 surmises ---------------- 15138 surprised---------------- 14139 suspended-- 4, 5, 6, 7, 8,140 18141
T142
tag------------------------ 13143 take ------------- 14, 16, 19144 taken -------------------- 21145 talked---------------- 4, 5, 7146 tampered -----------3, 4, 5147 technically -------------- 12148 tell--------------------- 8, 13149 Thank -------------------- 19150 that 3, 4, 5, 6, 7, 8, 9, 10,151 11, 12, 13, 14, 15,152 16, 17, 18, 19, 20, 21153 That - 4, 6, 12, 13, 14, 16154
the - 3, 4, 5, 6, 7, 8, 9, 10,155 11, 12, 13, 14, 15,156 16, 17, 18, 19, 20, 21157 The - 5, 9, 10, 13, 16, 18,158 19, 20159 THE --- 1, 3, 5, 6, 7, 8, 11,160 12, 13, 15, 16, 17,161 18, 19162 their ------------------- 7, 14163 Their --------------------- 12164 there 4, 5, 7, 8, 9, 10, 12,165 13, 14, 15, 16, 18166 There ---- 8, 9, 13, 16, 17167 therefore----------- 11, 12168 these -- 4, 10, 13, 14, 15,169 19170 They ---- 6, 13, 14, 16, 18171 thing --------------------- 13172 things ---------- 13, 14, 15173 think -- 9, 11, 12, 13, 14,174 15, 16, 19175 this --- 3, 4, 5, 6, 8, 9, 10,176 11, 12, 13, 14, 15,177 16, 17, 18, 19, 20, 21178 This --------------- 9, 11, 15179 those --- 7, 12, 13, 14, 18180 Those ----------------- 9, 10181 thought--------------- 5, 11182 through-------------------- 5183 ticket --------------------- 14184 time --- 4, 5, 7, 8, 11, 13,185 15, 16, 17, 18, 20186 to 3, 4, 5, 7, 8, 9, 10, 11,187 12, 13, 14, 15, 16,188 17, 18, 19, 21189 To ---------------------- 6, 13190 told -- 3, 7, 12, 15, 16, 18191 took ------------ 11, 13, 14192 towed ---------------------- 7193 traffic -------------------- 14194 Transcriber ------------- 21195 transcribers ------------ 20196 transcript ---------- 20, 21197 Transcript --------------- 21198 TRANSCRIPT ------------ 20199 Transcription ----------- 20200 treat ------------------------ 9201 trial 3, 7, 8, 9, 10, 11, 14,202 17, 18, 19203 Trial ------------------- 8, 21204 TRIAL ----------------------- 1205 tried ---------------------- 19206 Trooper -------------- 7, 18207 true----------------------- 21208 trying -------------------- 19209
26
Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
two -------------------- 3, 181 type ---------------------- 152 TYPE---------------------- 203 types ---------------- 13, 144 typically ---- 9, 12, 13, 145
U6
uh ---------------------- 4, 177 under ------- 6, 10, 16, 198 understand ---15, 17, 18,9 1910 uninsured --------------- 1111 Unknown ----------------- 112 unlike -------------------- 1213 unregistered ----------- 1114 up ------------------- 3, 4, 1315 us ---------------------- 9, 1316
V17
v--------------------------- 2018 various -------- 10, 13, 1419 vehicle ---- 3, 4, 5, 7, 8, 9,20 10, 11, 14, 16, 18, 1921 vehicles------------------ 1322 verbally ------------------ 1823 VI --------------------------- 124 vicinity --------------------- 425 victim -------------------- 1526 victims ------------------- 1527 video3, 9, 10, 15, 17, 18,28 1929 views --------------------- 1330 VIN ------------ 4, 6, 11, 1431 violent --------------------- 832 Volume -------------------- 133 VOLUME ---------------- 2034 VS --------------------------- 135
W36
waiting --------------- 3, 1737 waived --------------------- 938 wake --------------------- 1039 walking -------------------- 540 wanted ------------------ 1941 warrant------------------ 1242 was 3, 4, 5, 6, 7, 8, 9, 10,43 11, 12, 15, 16, 17,44 18, 19, 2145 wasn’t ------ 5, 12, 14, 1846 way ------------- 3, 4, 9, 1447
we ---------------- 9, 13, 1448 We ---------------- 9, 10, 1549 well ------------------ 17, 1850 Well --6, 7, 8, 16, 17, 18,51 1952 went -------------- 9, 10, 1753 were --3, 7, 9, 10, 11, 14,54 1955 what --- 4, 6, 7, 9, 11, 12,56 13, 15, 16, 18, 1957 What -------- 8, 11, 13, 1758 whatever ---------------- 1559 when ------------------4, 1860 When------------------- 4, 961 whether -6, 7, 10, 16, 1962 which---- 4, 5, 6, 7, 9, 10,63 12, 15, 16, 17, 2164 while ---------------------- 565 who --------------- 6, 11, 1966 window ---------------6, 1067 wished ------------------- 1968 with3, 4, 5, 6, 7, 8, 9, 10,69 11, 12, 14, 20, 2170 withheld --------------5, 1171 withhold ------------ 13, 1472 without ------------------- 473 WITNESS ----------------- 274 witnesses----------------- 675 woman ------------------ 1976 word----------------- 16, 2077 work -------------------4, 1378 worked ------------------- 479 would --- 4, 6, 7, 8, 9, 10,80 11, 12, 13, 14, 15,81 17, 1982 writing ------------------- 1883 written -------------- 17, 1984
X85
X ---------------------------- 286
Y87
Yes --- 3, 5, 6, 7, 8, 12, 1788 you-- 3, 5, 6, 7, 8, 10, 11,89 12, 13, 15, 16, 17,90 18, 1991 You ----------------------- 1792 you Your------------------ 893 your 3, 4, 5, 7, 11, 12, 1994 Your 3, 6, 7, 8, 9, 10, 11,95 12, 13, 14, 15, 17,96 18, 1997
yourself -------------10, 1998
27
Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
1
2
Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
Volume: VI of VI
Pages: 21
Exhibits: 0
COMMONWEALTH OF MASSACHUSETTS
HAMPDEN , SS DISTRICT COURT DEPARTMENT
OF THE TRIAL COURT
* * * * * * * * * * * * * * * * *
*
COMMONW EALTH OF MASSACHUSETTS *
* Docket No.
VS. * 1323CR0284
*
RICHARD L . STEBBINS, JR *
*
* * * * * * * * * * * * * * * * *
HEARING
BEFORE THE HONORABLE WILLIAM P . HADLEY
APPEARANCE :
FOR THE COMMONWEALTH:
Hampden County District Attorney’s Off ice
50 State Street
Springfield , MA 01103
By: Katharine A . Johnston, ADA
FOR THE DEFENDANT STEBBINS:
Pro Se
Springfield, Massachusetts
Courtroom Number 3
February 28, 2014
Reporter: Raymond F. Catuogno , Sr.
Registered Professional Reporter
Recorder: Unknown Court Recording Monitor
2
Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
I N D E X
WITNESS DIRECT CROSS REDIRECT RECROSS
(NONE CALLED )
EXHIBITS PAGE
(NONE MARKED )
3
Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
(Court called to order.)
(Defendant present.)
(9:25 a.m.)
THE COURT: Mr. Stebbins, you can come on up, please.
Looks like you filed two motions - a motion for a new trial and
another motion for some sort of discover, so, go ahead, I’ll hear
from you. By the way, are you represented by a lawyer in this
matter?
MR. STEBBINS: No.
THE COURT: All right.
MR. STEBBINS: My appeals lawyer said she doesn’t deal with
evidence that’s been tampered with, only appeals, so I’d be
representing myself.
THE COURT: Okay, go ahead, I’ll hear from you.
MR. STEBBINS: During my trial, I was denied evidence that
day. I was told that you had denied my request for her motor
vehicle accident report of the day, Ms. Johnson’s (phonetic) car
insurance information, the audio and video from the police
station and her phone records.
THE COURT: Hold on a second - you were told that I denied
your request?
MR. STEBBINS: Yes, Your Honor, by the Assistant District
Attorney. I’ve already been - I was already approved it by Judge
Beattie, I believe it was. I don’t have the audio recordings - I
have the request here from December 5th - I’ve been still waiting
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on these recordings - showing that I was given access to this
information. It was never provided for me. And, on, uh, May
10th, I’d also - I requested her insurance information and I
don’t recall your exact answer, but I was denied that request.
Since then, I’ve been proven - I’ve been shown evidence my police
report was tampered with. Ms. Johnson (phonetic) did not have
car insurance at the time of the accident and her registration
was suspended.
When I talked to the Registry, her insurance and
registration was cancelled on December 17th - a full month before
the incident. She was driving illegally or she shouldn’t have
been driving at all, that car shouldn’t have been there, when she
claimed I assaulted her. She reinstated her registration six
days later, on the 22nd. And she was still driving that vehicle
to and from work, knowing that the registration had been
suspended.
She had worked for my mother-in-law at the time of this
incident. That’s how I know she was still driving the vicinity.
I have the police report here and to show what evidence was
deleted off the police report, and there’s officers and troopers
in the room here that can attest to the screen that they see when
they pull up an individual’s registration information that is
missing from the report, but it has her VIN number, which they
wouldn’t have been able to just remember that. Judge, I would’ve
had no way to defend properly, without this information that I
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requested. And at the time, I thought this was just random
information, not that it would be so important to my case.
THE COURT: How is this so important to your case?
MR. STEBBINS: She accused me for absolutely no reason of
assaulting her vehicle, while I was walking through a parking
lot, which I claim that she hit me.
THE COURT: Okay.
MR. STEBBINS: She knew at the time she did not have car
insurance and in her panic, accused me of attacking her vehicle.
She was allowed to drive away from the scene. I’ve already
talked to the Registry. The officers involved did access her
registration information, they knew her registration was
suspended and she had no car insurance. She wasn’t cited and she
was still allowed to drive that vehicle away from the scene
illegally.
THE COURT: And you’re alleging that, in the discovery you
got in the case, which consisted of a police report --
MR. STEBBINS: Yes.
THE COURT: -- that there was some information --
MR. STEBBINS: The vehicle information was tampered with.
THE COURT: -- withheld from you?
MR. STEBBINS: Yes, it was deleted off the screen.
THE COURT: Deleted off the screen?
MR. STEBBINS: At the bottom of - I could show you the
paper, I’ve circled it.
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THE COURT: Yes, I see what you’re --
MR. STEBBINS: It would’ve been with the VIN number.
THE COURT: Yes?
MR. STEBBINS: They had the VIN number, her registration
status, which should’ve said “suspended”. I have a - a newer
copy, which says, “Active, non-renewable”. And the insurance
company information is gone, it’s Occidental. She’s had that -
she had that insurance before it was canceled and she re-attained
it, six days after the accident. And this is all over a matter
for, like, a $300 window, which my insurance company informed me,
they would’ve paid for, if she would’ve had insurance on the day
of the accident. It was just an accident, they would’ve paid,
because it was under $500, I wouldn’t even of received a
surcharge for the window.
THE COURT: Well, that’s - whether someone paid for that
damage --
MR. STEBBINS: I paid for the window.
THE COURT: is a civil matter - right. That’s a different
issue here, but in any event -- and then you have another motion
that you’re asking that the Springfield Police Department and the
Registry of Motor Vehicle, riding with access logs, for anyone
who made inquires of the complaining witnesses license plate,
because you’ve been informed that someone accessed this
information the day of or the day after the --
MR. STEBBINS: To explain that, Your Honor --
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THE COURT: Go ahead.
MR. STEBBINS: Every time a police officer or State Trooper
runs someone’s license plate, there’s a record of that officer
accessing their information. On the day of the accident, I
talked to the Ombudsman of the Registry and they informed me that
those officers did, in fact, access her information, so they knew
that she did not have car insurance and her registration was
suspended and that they should’ve cited her and had her vehicle
towed, regardless of what they were accusing me of.
THE COURT: Mm-hmm. And do you have any - did you do
anything to look into whether she had insurance or didn’t have
insurance, before the --
MR. STEBBINS: Yes, I have a - a copy --
THE COURT: No, before the trial?
MR. STEBBINS: I’ve made - the District Attorney told me I
did not need a court order for it, that they were going to give
me her insurance information, along with the motor vehicle
accident report from the incident, which would’ve had her
insurance information listed on it. And there’s no motor vehicle
accident report. I’ve made multiple requests at the Springfield
Police Department, but because I filed a complaint against the
Springfield Police Department, they haven’t been helping me.
THE COURT: Well, it was a police report.
MR. STEBBINS: Yes, Your Honor.
THE COURT: And that’s what you received and your
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allegation is that this sort of information about insurance or
lack of registration was not provided to you and, in fact, was
deleted?
MR. STEBBINS: Yes, Your Honor.
THE COURT: There was no accident report, right --
MR. STEBBINS: There was no --
THE COURT: that you filed or she filed, as far as you
know?
MR. STEBBINS: There should’ve been an accident report.
THE COURT: Well.
MR. STEBBINS: Even with the police report, it’s only one-
sided, so they should of at least had her side of the story and
the motor vehicle accident report, but there is no motor accident
- vehicle accident report, because, if there was, it would’ve
shown that she did not have insurance and her registration was
suspended. And then her defense or her accusation of me doing it
out of nowhere, for absolutely no reason, the one car in the
parking lot and I’ve never had a violent history, I just decided
to attack it and I got lucky that it didn’t have insurance and
had a suspended registration.
THE COURT: All right. Attorney Johnston?
MS. JOHNSTON: Your Honor, I’m not sure if you recall, but
this is a pro se trial that proceeded in front of Your Honor back
in May, a Bench Trial. What I can tell you Your Honor is that
there was an arraignment date in January. At that time, the
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defendant requested from us that we get the Wal-Mart video. We
did do that; that was provided to him. He was provided all the
discovery that existed.
When there is a motor vehicle accident report, it’s
typically noted in the police report, in the narrative, with the
ending, “Dash-AC”, which is an accident report. Those are
typically then requested from the police department. This
defendant was provided all discovery that was available to the
Commonwealth, as far as I’m aware, there were no pretrial
conference reports, indicating that there was anything missing
that we would be provided to him.
He decided to go pro se to trial. Back in March, I think,
there was a discussion of him having a Bar Advocate appointed.
However, he then waived that and asked for a quick trial date in
May. We proceeded to trial. There were no motions to dismiss or
discovery motions or anything brought before Your Honor on that
day. We went to trial. Your Honor found him guilty. There was
then a motion for reconsideration of that filed and a motion for
appeal. He’s continued to file motions, both with our Appellate
Unit with our office and, I believe, the Springfield Police
Department, seeking what I would consider at this point, post
conviction discovery.
At this point, Your Honor, I would - I guess treat this as a
Rule 30 motion for a new trial. However, I’m not sure we’ve
received a motion for a new trial. The appropriate way to go
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about his would be to file a motion for a new trial. In that
motion for a new trial, there would be need to be some level of
belief by Your Honor that there would be a likelihood of success,
if the information that he sought was obtained or even existed.
And under that section of the - I believe it’s C4, Rule 30, C4,
post conviction discovery - it basically has to say that that
discovery would somehow rise to a level of him having some
success, if he were able to obtain that post conviction
discovery.
In the case, I can’t see how, whether or not the car that he
is - has been found guilty of punching in the rear window in the
parking lot - whether it makes a difference whether that car was
insured or not insured or registered or not registered or whether
the driver had a license or not. Those are not issues that were
in the case.
The case was, did he maliciously damage that vehicle. We
went to trial, Your Honor heard the evidence, you saw the video
yourself. And I can say that, in the wake of this, he then filed
some claims with various insurance companies, which I believe
were denied. And I just - from the Commonwealth’s prospective,
if this is to be looked at as a motion for new trial and a motion
for post conviction discovery, I don’t see how these documents
that have been proved to you - and before the Commonwealth -
would even begin to meet the standard to, first of all, allow
Your Honor to order that post conviction discovery, if it even
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exits, which I don’t believe it does. And then to allow a - what
I would say an evidentiary - some sort of an evidentiary hearing,
prior to Your Honor considering the granting of a motion for new
trial.
What I can say is, you’ve already heard the trial, you heard
the motion for a reconsideration of that trial and the appeal, I
believe, has been filed. So, I would ask Your Honor to deny this
request. As I said, I don’t think the documents that have been
filed procedurally meet the guidelines. This is a defendant who
has decided to go pro se, both at trial and post trial. He’s to
be held to the same standard as any other attorney would be, by
doing so. And as such, I think, first procedurally, it’s not
proper. And, second, if he were to even meet the merits of it,
that it doesn’t raise to the standard set forth by the rule, and
therefore, I’d ask you to deny it.
THE COURT: Let me ask you, Attorney Johnston, as far as
the allegation here that the discovery that was provided to Mr.
Stebbins prior to trial, in the form of a police report - it
appears - what do you think of his suggestion that something was
not - something was withheld from that, in the sense that, if the
- his - if I’m following you, Mr. Stebbins, your thought is that
if the police came to the scene and they took the information
from you and from Ms. Johnson (phonetic), that with the
information about her vehicle, VIN number, et cetera, they knew
at the time that the vehicle was unregistered, uninsured and --
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MR. STEBBINS: Yes, Your Honor.
THE COURT: Are you alleging that she was charged at that
point with those crimes?
MR. STEBBINS: She was not charged.
THE COURT: Okay.
MR. STEBBINS: She wasn’t cited. Their --
THE COURT: So, she wasn’t cited, she wasn’t charged, but
you’re alleging that somehow, the police would’ve - you think -
run her plate or done some --
MR. STEBBINS: I spoke --
THE COURT: -- hold on - done some further research, put
that in a police report, then erased it and that they knew it, it
was in a police report, but it was deleted and not told to you?
That’s your allegation, right?
MR. STEBBINS: Yes, Your Honor.
THE COURT: Okay. Attorney Johnston, what do you think of
that?
MS. JOHNSTON: Your Honor, this is a typically police
report, it was completed on the day of the incident. It’s an
arrest report, therefore, it’s completed that day, either at the
end of shift or after the incident, unlike a warrant report,
which could be technically completed later, but because there was
an arrest, it’s completed that day.
THE COURT: Mm-hmm.
MS. JOHNSTON: It’s as - from the Commonwealth’s
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prospective, a full and accurate reporting of what took place
that day. The officer types in all the information. He gives
the information of the parties, of the vehicles. As I stated, it
doesn’t reference any accident report in there. It does
reference various other things, such as her registration or an
evidence tag. There’s no reason to believe that anything
would’ve been deleted or that there would’ve been any sort of
intent to withhold information from this defendant. That’s not a
commonplace thing that we come across.
What I can tell Your Honor is that, these police reports,
they are a full and accurate representation of what the officer
views, at the time of the incident, to be the important facts,
regarding the charges that are going to enter. I am not aware,
Your Honor - I have not done the leg work that Mr. Stebbins has
done, to go to the RMV, to pull up her records, to find her
insurance, to do all of those things - that is not a typically
discovery request that I would be making.
If Mr. Stebbins had requested that from us --
THE COURT: I’m not suggesting you wouldn’t.
MS. JOHNSTON: To be honest, I’m not even sure that we
would. I think that would be Rule 17 motion that he would have
to file to get those kind of records. They’re not in the care
and custody and control of the Commonwealth. It’s not something
that we would’ve had access to ourselves. So, quite frankly, I’m
not sure how he even got some of that information.
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From my prospective - from the Commonwealth’s prospective -
this is an accurate police report with full information about the
incident that took place that day. Her information is there. I
would be surprised to find out that there would’ve been something
on here that some officer would’ve gone in and specifically
deleted in some way, to withhold information from Mr. Stebbins.
I think there’s no basis for that allegation. It's
commonplace that vehicle information goes in here, with a VIN
number, with an owner, with the status of it. It’s not going to
give all of their insurance information. It’s not going to give
all of the various details of their insurance, their
registration. It’s not a traffic ticket. She wasn’t given a
traffic ticket.
I don’t see, as I said, any pretrial conference reports, any
discovery requests, any notations in my file, that these types of
things were requested from Mr. Stebbins. I’ve looked at the
Clerk’s file, I’m not sure if there’s anything that I’m missing,
but I just don’t see those requests. They were never made to me.
I don’t remember any mention of it on the day or trial. As Your
Honor typically sees things like we just saw with the drug serve
(phonetic), we’re here on the day of trial and defense counsel is
asking for a motion to dismiss, because discovery wasn’t
provided. That did not take place on the day of trial for Mr.
Stebbins trial.
So, from my prospective, this is a full and complete police
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report. This is what was provided to him. We provided any other
requests that he made, including the video. And, beyond that,
any other information from the Registry or from - there - I can’t
imagine a time that I would be providing a defendant, my alleged
victims Registry information or my alleged victim’s insurance
information. I just - I can’t see how I would ever be in a
position to do that.
It's something that I think would be the basis of a Rule 17
motion, if the defendant was seeking that type of information.
Such as, you know, victims mental health records, victims medical
records, victims registration, insurance, so from that
prospective --
THE COURT: I understand, Attorney Johnston, but a little
simpler question, which was not really getting into discovery -
his allegation is that somehow he’s been told by the Registry of
Motor Vehicles that an officer accessed the registry records on
the day of the police - on the incident. And that he believes it
would’ve shown these things and that he surmises - and I get it,
Mr. Stebbins - that would’ve been in the report. Some
information that she was cited, charged or whatever or not. I’m
to saying - that’s all I’m asking. And you don’t see each other
- you’re saying - you didn’t see anything in this report that
would be the case.
MS. JOHNSTON: I don’t, Your Honor.
THE COURT: All right.
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MS. JOHNSTON: They say that her - what the color and make
of the car was, what the registration was. There’s no mention of
running her information or any result from that information.
That’s not to say it didn’t happen, but it’s not in the report.
The request was never made of the Commonwealth to provide that
information. It seems Mr. Stebbins has gotten that information
on his own.
THE COURT: Mm-hmm. Mm-hmm.
MS. JOHNSTON: I don’t think there’s any indication, from
this report, that anything was requested and then deleted and/or
not provided to Mr. Stebbins.
THE COURT: All right. Go ahead, I’ll give you one last
word and I’ve got to move on here. I’m going to take it under
advisement.
MR. STEBBINS: I didn’t request it from Ms. Johnston.
Another Assistant District Attorney told me I didn’t - I just had
to request it from her, which I did. And then I had to --
THE COURT: Request what? Request what?
MR. STEBBINS: Request the motor vehicle accident report
and her insurance --
THE COURT: There is no motor vehicle accident report.
MR. STEBBINS: At the time, I believe there should’ve been
and then she told me I needed to --
THE COURT: Well, whether there should’ve been or not is a
different subject, I have no indication that one was ever
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created. All right? There’s an incident report, right, but
there’s no accident report. You understand the difference?
MR. STEBBINS: Yes, Your Honor.
THE COURT: You didn’t file one, right?
MR. STEBBINS: No.
THE COURT: Okay.
MR. STEBBINS: And at the same time, I made a request to
her for the audio and video from the police station and --
THE COURT: Yes.
MR. STEBBINS: - Ms. Johnson’s (phonetic) cell phone
records, which I believe was Judge Beattie - I don’t have it
written down.
THE COURT: Well, you can’t really --
MR. STEBBINS: Judge Beattie gave me access to it. And I
have the dates that I went to him, but I’m still waiting - I
still have the request for that information from December 5th,
which still hasn’t been provided to me, that would’ve shown that
--
THE COURT: December 5th after the trial, you mean?
MR. STEBBINS: No - uh, yes, after the trial.
THE COURT: Yes, well, that’s --
MR. STEBBINS: From the recordings that showed that I asked
for this information that was denied me during my trial. I have
the request, but it’s never been provided for me.
THE COURT: What request do you have, that you have in
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writing, made before the trial - when you say --
MR. STEBBINS: No, this was - well, I don’t have a number,
he gave it to me verbally.
THE COURT: After the trial - they’re two different
subjects. I’m really focusing on what is it that you asked for,
before the trial, that you didn’t get?
MR. STEBBINS: Specifically, Judge, the - I believe it’s
the - the - the video and audio from the police station and her
cell phone records from the time of the accident. He verbally
gave me those. They weren’t in writing. The other Assistant
District Attorney was supposed to give me those and told me I
didn't need to request her insurance information or the motor
vehicle accident report, because it wasn’t something that they
needed to request, it’s just something that should just be given
to me after an accident.
THE COURT: Well, I don’t have any of that in front of me.
MR. STEBBINS: I understand that, Your Honor, but my point
is, the reason there wasn’t - they - there was no accident report
is this R5 Inquiry - I shouldn’t even have a copy of this paper.
The day they accessed this, the Registry told me that they
accessed it and they knew that she did not have insurance and
they knew she had a suspended registration. The - the reader
from my report, they said that she should’ve been cited, it
should’ve been in my police report and this is - the Trooper is
here and the police officer - when they run a registration,
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that’s the screen they see.
THE COURT: All right.
MR. STEBBINS: And this information was purposely deleted
from this report, ‘cause that would’ve - it would’ve changed my
defense. I had no idea who this woman was before this. She just
accused me, out of nowhere, of attacking her vehicle for no
reason.
THE COURT: Well, I’ll take it under advisement, sir. I
have to move on here. I understand I think your arguments. The
- some of the issues here go back to what I tried to get across
to you the day of the trial, whether you wished to do anything
else to prepare yourself, whether you wanted to have a lawyer,
whether you - and you absolutely insisted you had to go to trial
and I would - I remember this absolutely crystal clearly - and
that you wanted a trial that day and I would see from that video
that you were completely innocent and that’s not what I saw, but
some of these issues, trying to do some of this after the fact,
presents some real problems.
I’ve heard what you’ve said. I understand. I’ll look
carefully at it. I’ll take it under advisement, both motions, so
I’ll issue a written decision.
MS. JOHNSTON: Thank you, Your Honor.
(Court adjourned at 9:47 a.m.)
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The Commonwealth of Massachusetts
OFFICE OF COURT MANAGEMENT, Transcription Services
AUDIO ASSESSMENT FORM
For court transcribers: Complete this assessment form for each volume of transcript
produced, and include it at the back of every original and copy transcript with the
certificate page, word index, and CD PDF transcript.
TODAY’S DATE: May 7, 2014 TRANSCRIBER NAME: Raymond F. Catuogno, Sr.
CASE NAME: Commonwealth v Richard Stebbins, Jr DOCKET NUMBER: 1323CR0284
RECORDING DATE: February 28, 2014 TRANSCRIPT VOLUME: 6 OF 6
(circle one) TYPE: CD TAPE QUALITY: EXCELLENT GOOD FAIR POOR
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COMMENTS:
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COMMONWEALTH OF MASSACHUSETTS1
I, RAYMOND F. CATUOGNO, SR ., an Approved Court2
Transcriber , do hereby certify that the foregoing is a3
true and accurate transcript from the audio recording4
provided to me by unknown court recording monitor of5
the Springfield District Court proceedings in the6
above- entitled matter.7
8
I, RAYMOND F. CATUOGNO, SR., further certify that9
the foregoing is in compliance with the Administrative10
Office of the Trial Court Directive on Transcript11
Format .12
13
I, RAYMOND F. CATUOGNO, SR., further certify that I14
neither am counsel for, related to , nor employed by any15
of the parties to the action in which this hearing was16
taken, and further that I am not financially nor17
otherwise interested in the outcome of the action.18
19
____May 7, 2014_________ ____Raymond F. Catuogno, Sr.__20
Date Raymond F. Catuogno, Sr.21
One Monarch Place22
Springfield, MA 01144-00023
(888) 228-864624
CourtReporting@Catuogno.cc25
26
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0 ---------------------------- 13 000 ----------------------- 214 01103 ---------------------- 15 01144 -------------------- 216
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10th ------------------------ 48 1323CR0284 -------- 1, 209 17 -------------------- 13, 1510 17th ------------------------ 411
212
2014 ------------- 1, 20, 2113 21 --------------------------- 114 228 ----------------------- 2115 22nd ----------------------- 416 25 --------------------------- 317 28 ---------------------- 1, 2018
319
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47 ------------------------- 1924
525
50 --------------------------- 126 500 ------------------------- 627 5th --------------------- 3, 1728
629
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731
7 --------------------- 20, 2132
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888 ----------------------- 2134
935
9 ------------------------3, 1936
A37
a --- 3, 4, 5, 6, 7, 8, 9, 10,38 11, 12, 13, 14, 15,39 16, 17, 18, 19, 2140 A---------------------------- 141 able --------------------4, 1042 about -------- 8, 10, 11, 1443 above -------------------- 2144 AC -------------------------- 945 access -- 4, 5, 6, 7, 13, 1746 accessed --------- 6, 15, 1847 accessing ----------------- 748 accident - 3, 4, 6, 7, 8, 9,49 13, 16, 17, 1850 accurate ------- 13, 14, 2151 accusation --------------- 852 accused ---------------5, 1953 accusing ------------------ 754 across --------------- 13, 1955 action -------------------- 2156 ADA ------------------------ 157 adjourned --------------- 1958 Administrative --------- 2159 advisement -------- 16, 1960 after ---- 6, 12, 17, 18, 1961 After ---------------------- 1862 against -------------------- 763 ahead ------------- 3, 7, 1664 all 4, 6, 9, 10, 13, 14, 15,65 2066 All ---- 3, 8, 15, 16, 17, 1967 allegation - 8, 11, 12, 14,68 1569 alleged ------------------- 1570 alleging ---------------5, 1271 allow --------------------- 1072 allowed ------------------- 573 along ---------------------- 774 already ------------ 3, 5, 1175 also ------------------------ 476 am ------------------- 13, 2177
an-- 4, 6, 8, 9, 11, 12, 13,78 14, 15, 17, 18, 2179 And--4, 5, 6, 7, 8, 10, 11,80 15, 16, 17, 1981 and/or ------------------- 1682 another ---------------- 3, 683 Another ----------------- 1684 answer -------------------- 485 any --6, 7, 11, 13, 14, 15,86 16, 18, 2187 anyone -------------------- 688 anything 7, 9, 13, 14, 15,89 16, 1990 appeal ---------------- 9, 1191 APPEARANCE ------------ 192 appears ----------------- 1193 apply--------------------- 2094 appointed ---------------- 995 appropriate -------------- 996 Approved --------------- 2197 are ------------ 3, 9, 10, 1398 Are ----------------------- 1299 arguments-------------- 19100 arraignment ------------- 8101 arrest -------------------- 12102 as 8, 9, 10, 11, 12, 14, 15103 As ---------------- 11, 13, 14104 ask ----------------------- 11105 asked ------------ 9, 17, 18106 asking------------ 6, 14, 15107 assaulted ----------------- 4108 assaulting ----------------- 5109 assessment------------- 20110 Assistant -------- 3, 16, 18111 At ---------------- 5, 8, 9, 16112 attack---------------------- 8113 attacking ------------- 5, 19114 attained ------------------- 6115 attest ---------------------- 4116 Attorney --- 1, 3, 7, 8, 11,117 12, 15, 16, 18118 audio ---3, 17, 18, 20, 21119 available ------------------ 9120 aware----------------- 9, 13121 away ------------------ 5, 20122
B123
back -------------- 8, 19, 20124 background ------------ 20125 basically ----------------- 10126 basis -----------------14, 15127
be 3, 5, 9, 10, 11, 12, 13,128 14, 15, 18129 because -- 6, 7, 8, 12, 14,130 18131 been 3, 4, 6, 7, 8, 10, 11,132 13, 14, 15, 16, 17, 18133 BEFORE -------------------- 1134 begin --------------------- 10135 belief --------------------- 10136 believe -- 3, 9, 10, 11, 13,137 16, 17, 18138 believes ----------------- 15139 beyond ------------------ 15140 both -------------- 9, 11, 19141 bottom -------------------- 5142 brought-------------------- 9143 but -4, 6, 7, 8, 12, 14, 15,144 16, 17, 18, 19145 By ----------------------- 1, 3146
C147
called ---------------------- 3148 CALLED -------------------- 2149 came --------------------- 11150 can --- 3, 4, 8, 10, 11, 13,151 15, 17152 canceled ------------------ 6153 cancelled ------------------ 4154 car --- 3, 4, 5, 7, 8, 10, 16155 care ---------------------- 13156 carefully ----------------- 19157 Catuogno ------- 1, 20, 21158 cause--------------------- 19159 CD ------------------------ 20160 cell ------------------- 17, 18161 certificate --------------- 20162 certify -------------------- 21163 cetera -------------------- 11164 changed ----------------- 19165 charged------------- 12, 15166 charges ------------------ 13167 circle --------------------- 20168 circled --------------------- 5169 cited------ 5, 7, 12, 15, 18170 claim ----------------------- 5171 claimed -------------------- 4172 claims -------------------- 10173 clearly ------------------- 19174 Clerk --------------------- 14175 color --------------------- 16176 come ------------------ 3, 13177
23
Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
COMMENTS ------------ 201 Commonwealth --- 9, 10,2 12, 13, 14, 16, 203 COMMONWEALTH 1, 214 companies -------------- 105 company ------------------ 66 complaining -------------- 67 complaint ----------------- 78 complete---------------- 149 completed -------------- 1210 completely ------------- 1911 compliance ------------- 2112 conference ---------- 9, 1413 consider ------------------- 914 considering ------------- 1115 consisted------------------ 516 continued ----------------- 917 control------------------- 1318 conviction ----------- 9, 1019 copy ----------- 6, 7, 18, 2020 could ------------------ 5, 1221 Court ---------- 1, 3, 19, 2122 COURT ---- 1, 3, 5, 6, 7, 8,23 11, 12, 13, 15, 16,24 17, 18, 19, 2025 CourtReporting@Catuo26 gno ------------------- 2127 Courtroom --------------- 128 created ------------------ 1729 crimes ------------------- 1230 CROSS --------------------- 231 crystal ------------------- 1932 custody ------------------ 1333
D34
D ---------------------------- 235 damage--------------- 6, 1036 date ---------------------8, 937 Date ---------------------- 2138 DATE --------------------- 2039 dates --------------------- 1740 day 3, 6, 7, 9, 12, 13, 14,41 15, 18, 1942 days ---------------------4, 643 deal ------------------------ 344 December -------- 3, 4, 1745 decided ------------ 8, 9, 1146 decision ----------------- 1947 defend --------------------- 448 Defendant ---------------- 349 DEFENDANT -------------- 150 defense---------- 8, 14, 1951 deleted --- 4, 5, 8, 12, 13,52
14, 16, 1953 denied ------- 3, 4, 10, 1754 deny ---------------------- 1155 Department ------- 6, 7, 956 DEPARTMENT ----------- 157 details -------------------- 1458 difference ---------- 10, 1759 different --------- 6, 16, 1860 DIRECT -------------------- 261 Directive ----------------- 2162 discover ------------------ 363 discovery ----5, 9, 10, 11,64 13, 14, 1565 discussion ---------------- 966 dismiss ----------------9, 1467 District 1, 3, 7, 16, 18, 2168 DISTRICT------------------ 169 do 3, 7, 9, 11, 12, 13, 15,70 17, 19, 2171 Docket -------------------- 172 documents --------- 10, 1173 does ----------------- 11, 1374 doing ------------------8, 1175 don 3, 10, 11, 14, 15, 16,76 17, 1877 done ----------------- 12, 1378 down --------------------- 1779 drive ----------------------- 580 driver --------------------- 1081 driving -------------------- 482 drug ---------------------- 1483 during -------------------- 1784 During --------------------- 385
E86
E ---------------------------- 287 each ----------------- 15, 2088 either--------------------- 1289 else ----------------------- 1990 employed --------------- 2191 en -------------------------- 992 end ----------------------- 1293 ending -------------------- 994 enter --------------------- 1395 entitled ------------------ 2196 erased-------------------- 1297 et -------------------------- 1198 even ---- 6, 10, 11, 13, 1899 Even ----------------------- 8100 event ---------------------- 6101 ever------------------ 15, 16102 every --------------------- 20103 Every ---------------------- 7104
evidence ----- 3, 4, 10, 13105 evidentiary ------------- 11106 exact ----------------------- 4107 Exhibits-------------------- 1108 EXHIBITS ------------------ 2109 existed --------------- 9, 10110 exits ---------------------- 11111 explain -------------------- 6112
F113
F ------------------ 1, 20, 21114 fact ----------------- 7, 8, 19115 facts --------------------- 13116 far ------------------ 8, 9, 11117 February ------------- 1, 20118 file -------9, 10, 13, 14, 17119 filed ----- 3, 7, 8, 9, 10, 11120 financially -------------- 21121 find -------------------13, 14122 first-------------------10, 11123 focusing ----------------- 18124 following---------------- 11125 For ----------------------- 20126 FOR ------------------------ 1127 foregoing --------------- 21128 form -----------------11, 20129 Format ------------------ 21130 forth --------------------- 11131 found ----------------- 9, 10132 frankly ------------------- 13133 from 3, 4, 5, 7, 9, 10, 11,134 12, 13, 14, 15, 16,135 17, 18, 19, 21136 From -----------------14, 17137 front ------------------ 8, 18138 full---------------- 4, 13, 14139 further --------------12, 21140
G141
gave------------------17, 18142 get-------9, 13, 15, 18, 19143 getting------------------- 15144 give --------- 7, 14, 16, 18145 given ------------- 4, 14, 18146 gives --------------------- 13147 go--------- 3, 9, 11, 13, 19148 goes ---------------------- 14149 going-------- 7, 13, 14, 16150 gone ------------------ 6, 14151 got ------------ 5, 8, 13, 16152 gotten ------------------- 16153 granting ----------------- 11154
guess ----------------------- 9155 guidelines --------------- 11156 guilty ------------------ 9, 10157
H158
had --- 3, 4, 5, 6, 7, 8, 10,159 13, 16, 18, 19160 HAMPDEN ---------------- 1161 happen ------------------ 16162 has------ 4, 10, 11, 13, 16163 have -- 3, 4, 5, 6, 7, 8, 10,164 11, 13, 16, 17, 18, 19165 having ---------------- 9, 10166 he -- 9, 10, 11, 13, 15, 18167 He ----------- 9, 11, 13, 18168 health -------------------- 15169 hear ------------------------ 3170 heard ---------- 10, 11, 19171 hearing ------------- 11, 21172 HEARING ------------------ 1173 held ---------------------- 11174 helping -------------------- 7175 her ---- 3, 4, 5, 6, 7, 8, 11,176 12, 13, 16, 17, 18, 19177 Her ----------------------- 14178 here -- 3, 4, 6, 11, 14, 16,179 18, 19180 hereby ------------------- 21181 him ---------- 9, 10, 15, 17182 his --------- 10, 11, 15, 16183 history --------------------- 8184 hit--------------------------- 5185 hmm ------------- 7, 12, 16186 hold ---------------------- 12187 honest ------------------- 13188 Honor --- 3, 6, 7, 8, 9, 10,189 11, 12, 13, 14, 15,190 17, 18, 19191 HONORABLE ------------- 1192 how --------- 4, 10, 13, 15193 How ------------------------ 5194 However ------------------ 9195
I196
I 2, 3, 4, 5, 6, 7, 8, 9, 10,197 11, 12, 13, 14, 15,198 16, 17, 18, 19, 21199 idea----------------------- 19200 if ----- 6, 8, 10, 11, 14, 15201 If -------------------------- 13202 illegally ---------------- 4, 5203 imagine ------------------ 15204
24
Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
important ------------ 5, 131 in --- 3, 4, 5, 6, 7, 8, 9, 10,2 11, 12, 13, 14, 15,3 16, 17, 18, 214 In-------------------------- 105 incident 4, 7, 12, 13, 14,6 15, 177 include------------------- 208 including ---------------- 159 index --------------------- 2010 indicating ----------------- 911 indication --------------- 1612 individual ----------------- 413 information 3, 4, 5, 6, 7,14 8, 10, 11, 13, 14, 15,15 16, 17, 18, 1916 informed ---------------6, 717 innocent ---------------- 1918 inquires-------------------- 619 insisted ------------------ 1920 insurance 3, 4, 5, 6, 7, 8,21 10, 13, 14, 15, 16, 1822 insured ------------------ 1023 intent -------------------- 1324 interested--------------- 2125 into -------------------- 7, 1526 involved ------------------- 527 is 4, 5, 6, 8, 9, 10, 11, 12,28 13, 14, 15, 16, 18, 2129 issue------------------- 6, 1930 issues --------------- 10, 1931 it --- 3, 4, 5, 6, 7, 8, 9, 10,32 11, 12, 13, 14, 15,33 16, 17, 18, 19, 2034 It 4, 6, 12, 13, 14, 15, 1635
J36
January -------------------- 837 Johnson ------ 3, 4, 11, 1738 Johnston 1, 8, 11, 12, 15,39 1640 Jr -------------------------- 2041 Judge---------- 3, 4, 17, 1842 jus 4, 6, 8, 10, 14, 15, 16,43 18, 1944 just --- 4, 6, 8, 10, 14, 15,45 16, 18, 1946
K47
kind ---------------------- 1348 knew ----- 5, 7, 11, 12, 1849 know --------------- 4, 8, 1550
knowing ------------------ 451
L52
L ---------------------------- 153 lack ------------------------ 854 last ------------------------ 1655 later -------------------4, 1256 law ------------------------- 457 lawyer-----------------3, 1958 least ----------------------- 859 leg------------------------- 1360 Let ------------------------ 1161 level ---------------------- 1062 license ------------ 6, 7, 1063 like ----------------- 3, 6, 1464 likelihood---------------- 1065 listed ---------------------- 766 little ---------------------- 1567 logs ------------------------ 668 look --------------------7, 1969 looked -------------- 10, 1470 lot ------------------ 5, 8, 1071 low ------------------------ 2072 lucky ----------------------- 873
M74
MA ---------------------1, 2175 made ---- 6, 7, 14, 15, 16,76 17, 1877 make --------------------- 1678 makes -------------------- 1079 making ------------------- 1380 March --------------------- 981 MASSACHUSETTS --1, 2182 matter ------------ 3, 6, 2183 May-------- 4, 8, 9, 20, 2184 me -- 4, 5, 6, 7, 8, 11, 14,85 16, 17, 18, 19, 2186 mean --------------------- 1787 medical ------------------ 1588 meet----------------- 10, 1189 mental ------------------- 1590 mention ------------ 14, 1691 merits -------------------- 1192 microphone ------------ 2093 missing------------ 4, 9, 1494 Monarch ---------------- 2195 Monitor------------------- 196 month--------------------- 497 mother-------------------- 498 motions----------- 3, 9, 1999 motor -- 3, 7, 8, 9, 16, 18100
move ----------------16, 19101 Mr -- 3, 11, 13, 14, 15, 16102 MR --3, 5, 6, 7, 8, 12, 16,103 17, 18, 19104 Ms -------- 3, 4, 11, 16, 17105 MS-- 8, 12, 13, 15, 16, 19106 My-------------------------- 3107 myself --------------------- 3108
N109
N ---------------------------- 2110 NA ------------------------ 20111 NAME ------------------- 20112 narrative ------------------ 9113 need ------------- 7, 10, 18114 needed --------------16, 18115 neither ------------------ 21116 never ---- 4, 8, 14, 16, 17117 new ---------------- 3, 9, 10118 newer --------------------- 6119 No ---------- 1, 3, 7, 17, 18120 noise --------------------- 20121 non ------------------------- 6122 nor ----------------------- 21123 not --4, 5, 7, 8, 9, 10, 11,124 12, 13, 14, 15, 16,125 18, 19, 21126 notations --------------- 14127 noted ---------------------- 9128 nowhere ------------- 8, 19129 Number ------------------- 1130 NUMBER ---------------- 20131
O132
obtain ------------------- 10133 obtained ---------------- 10134 OF ---------------- 1, 20, 21135 off -------------------- 4, 5, 9136 Off --------------------- 1, 21137 Office ----------------- 1, 21138 officer --7, 13, 14, 15, 18139 Okay ---------- 3, 5, 12, 17140 on ---3, 4, 6, 7, 9, 12, 14,141 15, 16, 18, 19, 21142 On -------------------------- 7143 one ---------- 8, 16, 17, 20144 One ---------------------- 21145 only --------------------- 3, 8146 or ----4, 6, 7, 8, 9, 10, 12,147 13, 14, 15, 16, 18148 order -------------- 3, 7, 10149 original ------------------ 20150
other --11, 13, 15, 18, 20151 otherwise --------------- 21152 our-------------------------- 9153 ourselves---------------- 13154 out---------------- 8, 14, 19155 outcome ---------------- 21156 over ------------------------ 6157 own ---------------------- 16158 owner-------------------- 14159
P160
P ---------------------------- 1161 pa ------------------------- 20162 PAGE ----------------------- 2163 Pages ---------------------- 1164 paid ------------------------ 6165 panic ----------------------- 5166 paper ----------------- 5, 18167 parking ------------5, 8, 10168 parties -------------- 13, 21169 PDF ----------------------- 20170 phone ------------ 3, 17, 18171 phonetic 3, 4, 11, 14, 17172 place ---------------- 13, 14173 plate ---------------6, 7, 12174 please ---------------------- 3175 point ------------- 9, 12, 18176 Police --------------- 6, 7, 9177 position ----------------- 15178 prepare ------------------ 19179 present -------------------- 3180 presents ----------------- 19181 pretrial --------------- 9, 14182 prior ---------------------- 11183 Pro-------------------------- 1184 problems ---------------- 19185 proceeded ------------ 8, 9186 proceedings ------------ 21187 produced --------------- 20188 Professional -------------- 1189 proper ------------------- 11190 properly ------------------- 4191 prospective -- 10, 13, 14,192 15193 proved ------------------- 10194 proven --------------------- 4195 provide ------------------ 16196 provided - 4, 8, 9, 11, 14,197 15, 16, 17, 21198 providing ---------------- 15199 pull -------------------- 4, 13200 punching ---------------- 10201 purposely --------------- 19202
25
Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
put------------------------ 121
Q2
question----------------- 153 quick ----------------------- 94 quite --------------------- 135
R6
r ----------------------------- 77 raise ---------------------- 118 random -------------------- 59 Raymond-------- 1, 20, 2110 RAYMOND -------------- 2111 reader ------------------- 1812 real ----------------------- 1913 really ----------- 15, 17, 1814 rear ----------------------- 1015 reason --- 5, 8, 13, 18, 1916 rec ------------------------ 2117 recall --------------------4, 818 received ------------ 6, 7, 919 reconsideration ---- 9, 1120 record --------------------- 721 Recorder ------------------ 122 Recording ----------------- 123 recordings ----------- 3, 1724 records 3, 13, 15, 17, 1825 RECROSS ------------------ 226 REDIRECT ----------------- 227 ref ------------------------ 1328 reference --------------- 1329 regarding --------------- 1330 regardless----------------- 731 Registered ---------------- 132 registration - 4, 5, 6, 7, 8,33 13, 14, 15, 16, 1834 related ------------------- 2135 remember ------ 4, 14, 1936 report 3, 4, 5, 7, 8, 9, 11,37 12, 13, 14, 15, 16,38 17, 18, 1939 Reporter ------------------ 140 reports ---------- 9, 13, 1441 representation -------- 1342 represented -------------- 343 representing ------------- 344 request 3, 11, 13, 16, 17,45 1846 requested 4, 5, 9, 13, 14,47 1648 requests --------- 7, 14, 1549 research ----------------- 1250
result --------------------- 1651 Richard ------------------ 2052 riding ---------------------- 653 right --3, 6, 8, 12, 15, 16,54 17, 1955 rise ------------------------ 1056 RMV ---------------------- 1357 room ---------------------- 458 rule ----------------------- 1159 run ------------------- 12, 1860 running ------------------ 1661 runs ------------------------ 762
S63
S --------------------------- 2064 said -- 3, 6, 11, 14, 18, 1965 same ---------------- 11, 1766 saw ------------- 10, 14, 1967 say --------- 10, 11, 16, 1868 saying -------------------- 1569 says ------------------------ 670 scene ------------------5, 1171 screen ------------- 4, 5, 1972 Se -------------------------- 173 second ----------------3, 1174 section ------------------- 1075 see --- 4, 6, 10, 14, 15, 1976 seeking----------------9, 1577 seems -------------------- 1678 sees ----------------------- 1479 sense --------------------- 1180 serve --------------------- 1481 Services ------------------ 2082 set ------------------------ 1183 she ----3, 4, 5, 6, 7, 8, 12,84 15, 16, 1885 She ---- 4, 5, 6, 12, 14, 1986 shift ----------------------- 1287 should----- 6, 7, 8, 16, 1888 show ------------------- 4, 589 showed ------------------ 1790 showing ------------------ 491 shown -------- 4, 8, 15, 1792 side ------------------------ 893 sidebar ------------------- 2094 simpler ------------------- 1595 simultaneous ----------- 2096 Since----------------------- 497 sir ------------------------- 1998 six ----------------------- 4, 699 so -- 3, 5, 7, 8, 11, 15, 19100 So ---------- 11, 12, 13, 14101 some3, 5, 10, 12, 13, 14,102
19103 Some -------------------- 15104 somehow ------ 10, 12, 15105 someone--------------- 6, 7106 something ---- 11, 13, 14,107 15, 18108 sort------------ 3, 8, 11, 13109 sought ------------------- 10110 speaking ---------------- 20111 specifically ------------- 14112 Specifically ------------- 18113 speech------------------- 20114 spoke -------------------- 12115 Springfield --1, 6, 7, 9, 21116 SR------------------------- 21117 SS --------------------------- 1118 stamp-------------------- 20119 standard ------------10, 11120 State -------------------- 1, 7121 stated ------------------- 13122 station----------- 3, 17, 18123 status ----------------- 6, 14124 STEBBINS 1, 3, 5, 6, 7, 8,125 12, 16, 17, 18, 19126 still -------------- 3, 4, 5, 17127 story ----------------------- 8128 Street ---------------------- 1129 subject ------------------ 16130 subjects ----------------- 18131 success ------------------ 10132 such ------------------11, 13133 Such---------------------- 15134 suggesting -------------- 13135 suggestion -------------- 11136 supposed --------------- 18137 surmises ---------------- 15138 surprised---------------- 14139 suspended-- 4, 5, 6, 7, 8,140 18141
T142
tag------------------------ 13143 take ------------- 14, 16, 19144 taken -------------------- 21145 talked---------------- 4, 5, 7146 tampered -----------3, 4, 5147 technically -------------- 12148 tell--------------------- 8, 13149 Thank -------------------- 19150 that 3, 4, 5, 6, 7, 8, 9, 10,151 11, 12, 13, 14, 15,152 16, 17, 18, 19, 20, 21153 That - 4, 6, 12, 13, 14, 16154
the - 3, 4, 5, 6, 7, 8, 9, 10,155 11, 12, 13, 14, 15,156 16, 17, 18, 19, 20, 21157 The - 5, 9, 10, 13, 16, 18,158 19, 20159 THE --- 1, 3, 5, 6, 7, 8, 11,160 12, 13, 15, 16, 17,161 18, 19162 their ------------------- 7, 14163 Their --------------------- 12164 there 4, 5, 7, 8, 9, 10, 12,165 13, 14, 15, 16, 18166 There ---- 8, 9, 13, 16, 17167 therefore----------- 11, 12168 these -- 4, 10, 13, 14, 15,169 19170 They ---- 6, 13, 14, 16, 18171 thing --------------------- 13172 things ---------- 13, 14, 15173 think -- 9, 11, 12, 13, 14,174 15, 16, 19175 this --- 3, 4, 5, 6, 8, 9, 10,176 11, 12, 13, 14, 15,177 16, 17, 18, 19, 20, 21178 This --------------- 9, 11, 15179 those --- 7, 12, 13, 14, 18180 Those ----------------- 9, 10181 thought--------------- 5, 11182 through-------------------- 5183 ticket --------------------- 14184 time --- 4, 5, 7, 8, 11, 13,185 15, 16, 17, 18, 20186 to 3, 4, 5, 7, 8, 9, 10, 11,187 12, 13, 14, 15, 16,188 17, 18, 19, 21189 To ---------------------- 6, 13190 told -- 3, 7, 12, 15, 16, 18191 took ------------ 11, 13, 14192 towed ---------------------- 7193 traffic -------------------- 14194 Transcriber ------------- 21195 transcribers ------------ 20196 transcript ---------- 20, 21197 Transcript --------------- 21198 TRANSCRIPT ------------ 20199 Transcription ----------- 20200 treat ------------------------ 9201 trial 3, 7, 8, 9, 10, 11, 14,202 17, 18, 19203 Trial ------------------- 8, 21204 TRIAL ----------------------- 1205 tried ---------------------- 19206 Trooper -------------- 7, 18207 true----------------------- 21208 trying -------------------- 19209
26
Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
two -------------------- 3, 181 type ---------------------- 152 TYPE---------------------- 203 types ---------------- 13, 144 typically ---- 9, 12, 13, 145
U6
uh ---------------------- 4, 177 under ------- 6, 10, 16, 198 understand ---15, 17, 18,9 1910 uninsured --------------- 1111 Unknown ----------------- 112 unlike -------------------- 1213 unregistered ----------- 1114 up ------------------- 3, 4, 1315 us ---------------------- 9, 1316
V17
v--------------------------- 2018 various -------- 10, 13, 1419 vehicle ---- 3, 4, 5, 7, 8, 9,20 10, 11, 14, 16, 18, 1921 vehicles------------------ 1322 verbally ------------------ 1823 VI --------------------------- 124 vicinity --------------------- 425 victim -------------------- 1526 victims ------------------- 1527 video3, 9, 10, 15, 17, 18,28 1929 views --------------------- 1330 VIN ------------ 4, 6, 11, 1431 violent --------------------- 832 Volume -------------------- 133 VOLUME ---------------- 2034 VS --------------------------- 135
W36
waiting --------------- 3, 1737 waived --------------------- 938 wake --------------------- 1039 walking -------------------- 540 wanted ------------------ 1941 warrant------------------ 1242 was 3, 4, 5, 6, 7, 8, 9, 10,43 11, 12, 15, 16, 17,44 18, 19, 2145 wasn’t ------ 5, 12, 14, 1846 way ------------- 3, 4, 9, 1447
we ---------------- 9, 13, 1448 We ---------------- 9, 10, 1549 well ------------------ 17, 1850 Well --6, 7, 8, 16, 17, 18,51 1952 went -------------- 9, 10, 1753 were --3, 7, 9, 10, 11, 14,54 1955 what --- 4, 6, 7, 9, 11, 12,56 13, 15, 16, 18, 1957 What -------- 8, 11, 13, 1758 whatever ---------------- 1559 when ------------------4, 1860 When------------------- 4, 961 whether -6, 7, 10, 16, 1962 which---- 4, 5, 6, 7, 9, 10,63 12, 15, 16, 17, 2164 while ---------------------- 565 who --------------- 6, 11, 1966 window ---------------6, 1067 wished ------------------- 1968 with3, 4, 5, 6, 7, 8, 9, 10,69 11, 12, 14, 20, 2170 withheld --------------5, 1171 withhold ------------ 13, 1472 without ------------------- 473 WITNESS ----------------- 274 witnesses----------------- 675 woman ------------------ 1976 word----------------- 16, 2077 work -------------------4, 1378 worked ------------------- 479 would --- 4, 6, 7, 8, 9, 10,80 11, 12, 13, 14, 15,81 17, 1982 writing ------------------- 1883 written -------------- 17, 1984
X85
X ---------------------------- 286
Y87
Yes --- 3, 5, 6, 7, 8, 12, 1788 you-- 3, 5, 6, 7, 8, 10, 11,89 12, 13, 15, 16, 17,90 18, 1991 You ----------------------- 1792 you Your------------------ 893 your 3, 4, 5, 7, 11, 12, 1994 Your 3, 6, 7, 8, 9, 10, 11,95 12, 13, 14, 15, 17,96 18, 1997
yourself -------------10, 1998
27
Catuogno Court Reporting & StenTel Transcription
Springfield, MA Worcester, MA Boston, MA Chelmsford, MA Providence, RI
1
2
and then got call from ombudsman confirming police knew driver didn't have insurance, said i need to contact CJIS
5-19-2014
Intro
What was supposed to happen:
what actually happened:
why it matter:
Ai reflection and questions:
and then on may 20th 2014
Here is a copy that someone in the office was able to get me. I wasn’t allowed to go pick this up. I was told I had to wait for the one in the mail. I’m so happy I had someone in the office making copies of things that they thought were illegal
over the phone i was made aware that my file was found and
my judgement was already in the mail. 5-21-2014 received court order, went to stapled and faxed, plus called court to complain about court order not addressing car insurance.
how do files go missing?
Intro
What was supposed to happen:
what actually happened:
why it matter:
Ai reflection and questions:
and then judge boyle ignored pleas and wouldn't let me talk about my statement being altered
5-20-2014 I had to pay $500 to get my license back for that woman was allowed to drive illegally and the police never stopped her
5-21-2014
at this point i was upset with judge Hadley when i received this court order,
it was once again deflecting the insurance issue and window receipt.
the fact Kishana didn't pay for her car window and i was constantly refused a copy of that
receipt was the only thing i was focused on. so i tried to see another judge.
if i had forged that court order, why not ask for the window receipt info that i already knew about?
I talked to both Jon gay and Edward kavari about all of this and they ignored me.
i didn't know the receipt had a paid stamp on it either at this point or that the amount had been changed.
all this could've been avoid had someone prevented me from seeing the actual receipts. it
had already been over a year, no one thought to go pay for this window before i was able to acquire a copy?
this is exactly the
behavior i described when i claimed Kishana Johnson's insurance, registration and sticker information
were intentionally deleted from my reports.
when i called CJIS and spoke with whoever, it's noted that i asked not to print the entire order.
i didn't want to involve someone i asked to look into this, after i found out she didn't have insurance
, incase they did look up her information when i called
and asked him about my problem. running an R1 would've shown she had a suspended license from
days after my accident,
if he ran her R5, he would've seen her failed sticker
5-22-2014
5-22-2014
clerk was able to get me a copy of my altered statement. i informed John Gay and ADA
Edward Kavari. nothing was done.
Intro
What was supposed to happen:
what actually happened:
why it matter:
Ai reflection and questions:
received cjis papers and a shorter date range was mailed.. this driver was also pulled over march on Slater Ave at one point and that's not reflected here. Her license was suspended when the officer on slater pulled her over and she still had a rejection sticker for safety.
Intro
What was supposed to happen:
what actually happened:
why it matter:
Ai reflection and questions:
call from rosemary court 5-22-2014
5-27-2014
Judge Boyle Ignored evidence i provided the court
I'd provided the police report, my unaltered notarized statement and the altered version, the fake receipt I found inside the court docket, the actual receipt I got from the window place, copies of my medical records, and the complaint from the civilian department, copies of this girls lack of insurance. I was dismissed before I could speak.
5-29-2014 learned that driver always drove illegally, never had insurance.
May 29th I talked to Brandon from the registry of motor vehicles and he was able to give me an insurance inspection inquiry, a list of when this woman didn't have insurance over the last couple years, and a correct R5 that shows that the officer from the civilian complaint department did not give me a full R5 when he printed it out for me. The rejection status was missing from the officer's version.
5-29-2014
after a ridiculous amount of effort, i was able to get a registry employee
to help get me legal copies of a registration/title inquiry without a court order.
through this information i was able to confirm that Springfield police officers did in fact delete information
from their reports. An R5 from the MA state troopers shows both police print outs have
been altered by different Springfield police officers at different times for different reasons.
i did this because i felt judge Hadley was trying to withhold information from me, i
wanted to prove how hard it was to obtain information and to prove i wasn't a liar.
Intro
What was supposed to happen:
what actually happened:
why it matter:
Ai reflection and questions:
Don’t forget that Brandon told you that driver registration was suspended for both taxes owed to Chicopee and lack of insurance. That’s tax and insurance fraud cause she lived in Springfield a few houses away from me. She lived in colonial estates before that, that’s also in Springfield. Judge Hadley, Ada Johnston and those Springfield police officer aided and abetted her, then conspired to cover it up.
ADA Johnston finds forged court order she was waiting for. even though it was addressed to someone else. she was alerted 6-3-2014
6-3-2014
ADA katharine Johnston
what happened to the original copy of the court order for the video
from Walmart that ADA Johnston had?? She only gave me a copy that i gave to Walmart.
ADA Johnston also had originals of my statement that was notarized
and Sheldon's statement. she only had a copy of the security guard
statement, because he gave me a copy and kept the original at Walmart.
reminder: I was able to obtain the original statement from Walmart security after i
was reminded it existed by the report i got from police
investigating my complaint against officers Thomas Sheehan and Thomas Douglas.
i then went back to Walmart for a copy and he handed it to me.
Intro
What was supposed to happen:
what actually happened:
why it matter:
Ai reflection and questions:
6-13-2014
Then I went to the window place to see how this driver paid for our window since she didn't have car insurance, that's when i learned ada Johnston lied about the window being paid for.
The owner of the window shop wasn't gonna give me a copy of the receipt to return to court because he didn't believe anyone was ever going to pay for it, so I paid for it and brought a copy back to court. I never asked the owner how much the receipt was I simply offered to pay for it he said okay and I went by what the court had told me it was and I had previously paid to the court. It wasn't until I got to court that I noticed that the prices were different and that the original unaltered price was $245, less then the 311 claimed. I went back to the window shop and accused the owner of changing the price and he became furious with me and demanded that I leave. I said I was going to call the cops and report what he did. And he said I never asked him what the price was I just said I would pay for it and I ran off and then I came back with a money order. He told my better leave right now and then he prays I get some help. I asked him well why is the price different, and he said he didn't know he said that the $245 was the price that he faxed to the insurance company and that the driver never returned to pay for her window when it came back that she did not have insurance. He said another woman came and asked for a copy of the receipt and said she needed it for court and she never came back and paid for the window either. I'm lucky that guy didn't knock me out he was way bigger than I was and he looked like he was pissed and I was rude and disrespectful and I don't know, I have no excuse for my behavior I was sick at the time so it was my fault i jumped to conclusions without asking him. thankfully I got him to write that statement before I pissed him off. lol
Intro
What was supposed to happen:
what actually happened:
why it matter:
Ai reflection and questions:
6-13-2014 after people ignoring me at the courts, i went to the state police and asked for their help. they gave me papers but didn't know what to do or who to contact. They didn't know why the R5 the officer that the complaint department gave me didn't have her rejection sticker information on it. it should have been there.
and then 6-20-2014
2014-6-20
sent conflict of interest, i was told because judge Hadley is friends with members
of Kishana family, they don't want there to appear to be any conflicts of interest.
her cousin works in the clerks office, sister works with the district attorneys
office in some capacity. In the beginning I thought this case was because I caught somebody tampering with my statement. I had no idea it was about a phony court order at first. Seeing that my statement was notarized.
7-9-2014
2014-7-9
when i first learned of this forgery charge, i was super excited.
i thought the courts were going to do something about my altered
notarized statement with the forged electronic signature. When I met my first attorney Nolan he was super excited and thought this case was a slam dunk. At some point, he was forced to step aside because of a conflict of interest, but he told me to file another complaint at the mayors office and a complaint at the US attorneys office at the federal building on State Street and I went down there and I was ignored.
and then KJ got harassment order against me when i learned she lived on my street.
9-9-2014
2014-9-9
Kishana is able to get a harassment order against me.
once i found out she lived up the street, i had contacted the
Springfield police to report her lying about her address and
using a fake address for her insurance and excise tax.
they told me to go f myself. I'm actually really shocked that her insurance company didn't try to file any charges against her that the state didn't try to file any charges against her for tax evasion or insurance fraud. I believe she was also getting assistance at the time so
Intro
What was supposed to happen:
what actually happened:
why it matter:
Ai reflection and questions:
9-15-2014
then I nagged my neighbor to write a statement about everything going on that he witnessed.
Intro
What was supposed to happen:
what actually happened:
why it matter:
Ai reflection and questions:
and then I went to the courthouse and paid a dollar and got a copy of the check that I mailed to that woman I mean the courts mailed to her and I compared it to the copy the signature on the receipt that I had from the window place and they didn't match 10-1-2014
2014-10-1
i tried once again to report the illegal activity i found going on.
courts denied my attempts at showing what i found.
i also noticed the signatures on the harassment order and those
auto glass receipts were different, so i went to court and paid
for a copy of the check they mailed Kishana, so i could get a better
look at her signature
Intro
What was supposed to happen:
what actually happened:
why it matter:
Ai reflection and questions:
and then i was super confident i would win my forgery case, but i felt so sick. I couldn't understand what was wrong with me, I was seeing dr's and therapists and trying to take depression medication, but it made my hyperthyroidism worse.
10-14-2015 tried to kill myself after cutting my arm during a panic attack.
notes to follow
BHN therapy notes need editing then coming
10-24-2014
Tried to make courts aware of altered statement and inappropriate behavior going on. I thought it was this girl because it was her case and I was sick and dumb.
12-23-2014 bay state emergency room and psych ward notes.
Attorneys John Nolan and Elaine Pourinski both agreed that my evidence was
more than enough to clear my name of any wrong doing. attorney Nolan had to excuse himself
because of his friendship with ADA Katherine Johnston and it being a case she was involved in.
Attorney Pourinski even had an investigator corroborate everything I'd said in my previous statements in a 2015 meeting.
he even questioned me as to why i paid for the window, while we were all in her office.
I told them that on 5-19-2014 Edward Kavari told me since the shop manager won't give me copies or write a statement,
about the window( because he was worried he'd never get paid for it), he suggested that i should pay for it,
then no one can argue restitution, because there is none. i also told ADA Kavari about the ombudsman Judy saying
that i can call while in the court room and she'll just tell Judge Hadley himself that Kishana's r5 was accessed
1-16-2013 at 2:49 and she can name the officer, that way i won't break any privacy
laws, even though there's nothing private about it. it's just an officer name a time and a license plate number.
I never got to talk to Mr Kavari after i was able to save enough to pay for the
window, i wasn't able to inform Kavari or ADA Johnston when i returned to court on 6-13-2014 when i was finally
able to afford what i thought was $311.51, that the receipt was also a fake.
the investigator was able to confirm that $245.94 was the amount submitted to the insurance company.
The investigator even confirmed that i went back to the window repair company and annoyed the
manager after discovering the fake receipt and different total. ( at this point i was unaware of the fake court order,
and even when i first received the forgery court date, i thought it was because i found out someone altered my
notarized statement deleting pages and electronically forging my signature. so i kept looking for more evidence to prove
Kishana and the officers were hiding something. i reported my statement being altered to John Gay 5-22-2014, my
file had been missing for some time at this point, i kept trying to get audio of judge Hadley telling
me my jury had been sent home by accident,
so i was regularly calling the court house and asking Paul in the office if he had any luck finding that part of the audio
from the day of my trial or if judge Hadley's ruling had come back on my motion for new trial)
I went down to the court house 6-13-2014 after paying for the window with all the paperwork
the manager gave me and a statement he wrote stating Kishana never returned to pay for the
window and didn't have insurance at the time of the accident.
I tried to talk to ADA Edward Kavari or Katherine Johnston, I wanted to show
someone in the ADA's office what i had found, but they both unavailable.
this time while i was there, I was able to obtain a photo of the original receipt, someone in the office finally
let me see physically the receipt on the counter ( instead of just telling me about it as had been the case for a year),
but they still didn't feel safe giving me a physical copy.
In the photo you can see the fake receipt has a red paid for stamp and a date. at this point i know everyone at the court house heard
me run my mouth as to what i had discovered. so of course i
wanted to know why the amount on the receipt the auto glass guy gave me and the one that ADA Katherine presented to
Judge Hadley was different than the one i had just paid for.
so I went back the net day because the manager wasn't in the shop when i drove by.
Needless to say, i probably didn't sound very polite when i asked why he gave Kishana a paid for receipt
if she didn't pay for it, i wanted to know why he increased the amount of her receipt and . I'm pretty sure
this is where i wore out my welcome. the Auto glass guy said he never gave me a price, i only asked if she
paid for it and if i could pay for it and then ran off after i paid for it before he could say anything.
he told me he already deposited it and aske me to leave. i tried to get him to write another statement and
he kindly told me he was a religious man and thought i needed to let this go. that was the last i spoke with him
The investigator even confirmed no one went back to the window company to ask about or pay for the window
after i reported it down at the court house.
i believe those superior court judges, their prosecutor and my appointment attorney Elaine Pourinski
showed depraved indifference to my plight.
they all took advantage of the fact that i was in and out of the hospital for multiple suicide attempts.
My health took a turn for the worst the end of sept 2015, i started to grow breasts from the medication i was given
by drs, i still hadn't been diagnosed with hyperthyroidism at this point. i was taking medication for issues i was
misdiagnosed with, then i spent time in the psych ward for a suicide attempt from cutting myself.
during this rough time my attorney Elaine Pourinski said the prosecutor made an offer of a cwof and that if i accept
this, my previous guilty finding would be changed to a cwof as well and since it was over a year, would
automatically be off my record. but i had to agree not to present the window receipt against Kishana
and not to pursue any civil actions against any officers involved. i agreed due to my health issues.
December 2015 i again suffered some sort of nervous breakdown for no reason and attempted suicide again by swallowing
hundred upon hundreds of all the depression/bipolar medication i was prescribed. i have very little memory of
my time in the psych ward this time, next thing i remember it's Christmas eve and I'm no longer in the psych ward.
12 days later Jan 5-2016 rolls around and the judge doesn't agree to the terms of the cwof.
i still wanted to fight the charge and was still willing, then Jan 19-2016 i suffer another
mental break down for no apparent reason. i can recall putting a bed against the door and then trying
to strangle myself with a sheet wrapped twisted around my neck as tight as i could
get it, i leave the psych ward Jan 25-2016, i had another meeting with my
attorney elaine Pourinski before my trial date of Feb. 5-2016 11 days later. before this meeting, in the hallway
outside her office in Northampton, an older white male placed a hammerless revolver to my forehead, he took the file that I had brought with me and warned me
not to move forward with my evidence. I was told to plead guilty.
I informed my attorney after the incident and she said there was nothing she could do to help me, i was
still stubborn and wanted to fight the charges and she kept telling me how afraid she was not
just for herself and her family, but for my safety and my families.
I can't remember where I talked about this but the only papers I haven't been able to recover are the police report that I got from my buddy Joe that shows the type of information that was deleted off of mine report because he was also involved with an uninsured illegal driver. And I don't have copies of the complaint reports I filed Springfield Mayor Sarno's office
i didn't want to plead guilty, i was made to feel i had to plead guilty, that i didn't have a
choice. i was told by my attorney the first judge knew about the fake receipt Kishana supposedly
produced and about the police tampering with their reports,
which the state police also proved for me. i felt so sick and didn't have anything in me after this last psych
ward stay, less than 2 weeks earlier and with the thought of having that gun to my head so fresh in my sick mind.
i plead guilty.
come to find out, i had undiagnosed hyperthyroidism all my life. blood test from Jan 2016 -march 2016 can confirm
even when i tried to kill myself back in 2005 can be tied to
an episode of severe reaction to hyperthyroidism and a past blood test that was over looked proves it.
since i was on workers comp at the time of the accident and
for a short time after my first trial 2013,
i was able to get a closed period disability payment for the time that i called to sign up for, this was right after i got
off of workers comp.
then i discovered the reason for officers Sheehan's comment about my tightening up while being arrested,
after being forced to stand around for over half hour in the cold with improper attire.
turns out i have a untreatable, incurable genetic skeletal muscle disorder, not only was i right about having a problem,
it was even worse than i could've imagined.
i tried to keep working after that, but kept needing surgeries and couldn't take time off, i had to work with casts on.
i got sick physically from all of that and filed for permanent disability and wasn't even allowed to complain about all my issues and they
cold kill me, before the judge stopped me and told me not to worry about it and i would be getting permanent disability.
I don't have the court transcripts yet from when I was coerced in pleading guilty in Superior Court in Hamden County, but i I didn't say what I was supposed to I told them I didn't remember forging that document because I'd never forged it and I told them that I'd wanted it to prove that Springfield police denied me medical attention even though I didn't need it I had far more evidence against them.
After I spoke to the girl in probation in Springfield that was desperate find something to help me expose what was going on, but she couldn't help me at all. I moved in with my father again in West Warren in his duplex and I was transferred to Worcester for probation for the rest that time.
Worcester therapist 2-29-2016
Even though that court appointed therapist did not document when I told him I was coerced into pleading guilty. He did note that my neighbor saw someone walk up the street from that girl's house in place that court order in my mailbox. He used to work 3rd shift so he was up at different hours and home at different hours. I told the second court therapist up the street from the courthouse these same stories because I went there for multiple visits I have not been able to get those notes yet but this therapist was completely worthless as well and had no idea who to report these types of crimes to and I was totally left on my own to deal with it and suffer the consequences of trying to stand up for what is right
Worcester county District court therapist notes
https://rickystebbins78.blogspot.com/2025/06/2016-worcester-county-therapist-notes.html
Intro 2-29-2016
What was supposed to happen:
what actually happened:
why it matter:
Ai reflection and questions:
Intro
What was supposed to happen:
what actually happened:
why it matter:
Ai reflection and questions:
12-1-2020
Before insurance hearing Attorney Applebaum sent me a copy of the insurance hearing from 9-9-2013
Text from pictures of emails for AI:
Eric Applebaum
To: Ricky Stebbins >
12/1/20
Copy of Deposition
Attached
Hello Rich:
Attached is a copy of the
Deposition, sometimes called an Examination Under Oath.
Send quick email back letting me know you got this document.
Please read this over so you are familiar with details.
Thanks and l'Il talk to you tomorrow afternoon.
Eric Applebaum
413-454-4445
edaesq@gmail.com
Stebbins EUO.pdf
2.8 MB
3-17-2023
I'm excited to face Judge Hadley again I think he's one of the most pathetic, worthless pieces of trash that Massachusetts could have ever picked for a judge. I feel blessed that I met him. Honestly I didn't think that he would ever face me again anyway, he's such a coward. It's kind of hard to face somebody when they've caught you bold faced lying and acting so stupid that you can't even pretend that you're not completely stupid.
Text from pic for AI:
Good morning,
Are you still looking for these the
transcripts? (I'm covering the FTR requests for someone and see that these are older but still pending). Looks like the hearing of 2/5/16 was Superior 3 (not 1) thanks!
Order Reference
MA18192
Placed on
17 June, 2024
Hearing Details
Date05 February, 2016
Hearing Times
8:45:00 AM to 4:30:00 PM
DepartmentSuperior
LocationSpringfield - Hampden County
Courthouse - Superior 1
Case Number1479CR01308A
Case TitleCommonwealth vs Richard stebbins
Text from pic for AI:
Good afternoon,
I've spoken with the stenographer for the date you've requested. Unfortunately, they only hold their records for six years. She still checked her files anyway, but does not have your hearing.
Lauramarie Sirois, Esq.
First Assistant Clerk-Magistrate
Hampden Superior Court
Tel: (413)748-7643
Fax: (413)737-1611
lauramarie.sirois@jud.state.ma.us
I should’ve known I’d never get a copy, I’ve been requesting this court audio or a transcript of my trial from February 5, 2016 for almost a decade and it’s been ignored until someone was covering for the regular person. I find it disturbing that the Hampden County District Attorney’s office is involved in so many situations that place serious doubts on its ability to perform their jobs with integrity. I want to respect the Law, I want to be able to trust our elected official and those appointed to serve the public, but their actions have repeatedly made me question what’s wrong with these people and why are our laws so easy to manipulate.
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