FILED: NEW YORK COUNTY CLERK 10/24/ :22 PM INDEX NO /2012 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 10/24/2016

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1 FILED: NEW YORK COUNTY CLERK 10/24/ :22 PM INDEX NO /2012 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 10/24/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X JEFFREY NORKUNAS, Plaintiff, -against- CITY OF NEW YORK, NEW YORK CITY POLICE DEPARTMENT, POLICE OFFICER "JOHN DOE", ALLEGEDLY AND UPON INFORMATION AND BELIEF, A BOROUGH COMMANDER AND POLICE OFFICER (S) "JOHN DOE (S) 1-3", Defendants. Index No / X 100 Church Street New York, New York 11:10 a.m. EXAMINATION BEFORE TRIAL of Defendants THE NEW YORK CITY POLICE DEPARTMENT, by JAMES TULLER, taken by the Plaintiff in the above-entitled action, held at the above time and place, taken before Lauren Catania, a Stenotype Reporter and Notary Public of the State of New York, pursuant to Order and stipulations between counsel.

2 Page A P P E A R A N C E S : 3 4 BERKOWITZ & VARGAS, P.C. Attorneys for Plaintiff Broadway, Suite 1607 New York, New York BY: ROBERT J. BERKOWITZ, ESQ ZACHARY W. CARTER, ESQ. CORPORATION COUNSEL OF THE CITY OF NEW YORK 11 Attorneys for Defendants 100 Church Street 12 New York, New York BY: CATHY J. NEUSTEIN, ESQ ALSO PRESENT: 16 OLEG CHERNYAVSKI, ESQ., Observing

3 Page STIPULATIONS 3 4 IT IS HEREBY STIPULATED AND AGREED by and 5 between (among) counsel for the respective parties 6 hereto, that; 7 8 All rights provided by the C.P.L.R., 9 including the right to object to any question, 10 except as to form, or to move to strike any 11 testimony at this (these) examination(s), are 12 reserved, and, in addition, the failure to object 13 to any question or to move to strike any testimony 14 at this (these) examination(s) shall not be a bar 15 or waiver to make such motion at, and is reserved 16 for the trial of this action; IT IS FURTHER STIPULATED AND AGREED by and 19 between (among) counsel for the respective parties 20 hereto, that this (these) examination(s) may be 21 sworn to by the witness(es) being examined, before 22 a Notary Public other than the Notary Public 23 before whom this (these) examination(s) was (were) 24 begun; but the failure to do so, or to return the 25 original of this (these) examination(s) to

4 Page counsel, shall not be deemed a waiver of the 3 rights provided by Rules 3116 and 3117 of the 4 C.P.L.R., and shall be controlled thereby; 5 6 IT IS FURTHER STIPULATED AND AGREED by and 7 between (among) counsel for the respective parties 8 hereto, that this (these) examination(s) may be 9 utilized for all purposes as provided by the 10 C.P.L.R.; IT IS FURTHER STIPULATED AND AGREED by and 13 between (among) counsel for the respective parties 14 hereto, that the filing and certification of the 15 original of this (these) examination(s) shall be 16 and the same hereby are waived; IT IS FURTHER STIPULATED AND AGREED by and 19 between (among) counsel for the respective parties 20 hereto, that all rights provided by the C.P.L.R., 21 and Part 221 of the Uniform Rules for the Conduct 22 of Depositions, including the right to object to 23 any question, except as to form, or to move to 24 strike any testimony at this examination is 25 reserved; and in addition, the failure to object

5 Page to any question or to move to strike any testimony 3 at this examination shall not be a bar or waiver 4 to make such motion at, and is reserved to, the 5 trial of this action; 6 7 IT IS FURTHER STIPULATED AND AGREED by and 8 between (among) counsel for the respective parties 9 hereto, that a copy of the within examination(s) 10 shall be furnished to counsel representing the 11 witness(es) testifying, without charge

6 Page J A M E S T U L L E R, the Witness herein, 3 having first been duly sworn by Lauren Catania, a 4 Notary Public herein, was examined and testified 5 as follows: 6 EXAMINATION BY 7 MR. BERKOWITZ: 8 Q. What is your name, please? 9 A. James Tuller. 10 Q. What is your current business 11 address? 12 A. One Police Plaza, New York, New York Q. Good morning, Chief Teller. My name 15 is Robert Berkowitz. I am an attorney. I 16 represent someone named Jeffrey Norkunas who has 17 brought an action against the City of New York and 18 the New York City Police Department concerning an 19 incident that happened on November 17, I am 20 here today to ask you some questions about that 21 incident and some background information. If you 22 do not hear or understand any of my questions, 23 please let me know and I will be happy to repeat 24 or rephrase the question. We have a court 25 reporter here that takes down everything that is

7 Page 7 2 said. So if you answer one of my questions, you 3 must give a verbal answer as she cannot take down 4 nods of the head or hand gestures such as a shake 5 of the head. If you mean yes, you must say yes. 6 If you need a break for any reason, please let us 7 know. We will be happy to accommodate you. As 8 you can hear, I talk really, really quick and I 9 try to get these things done really, really fast, 10 so if I am talking too fast and you need me to 11 repeat something, just feel free to let me know. 12 As I said, if you need a break for any reason, let 13 us know and we will be happy to accommodate you. 14 If you need to confer with your attorney for any 15 reason, please let us know and we will accommodate 16 you with that as well; however, if there is a 17 question pending, you must answer the question 18 first before consulting with your lawyer. Do you 19 understand my instructions? 20 A. Yes. 21 Q. How are you presently employed, sir? 22 MS. NEUSTEIN: Objection. You 23 can answer. 24 A. I am retired. 25 Q. When did you retire?

8 Page 8 2 A. November 30th of Q. What was your last employment? 4 A. My last employment? 5 Q. Yes. 6 A. I was the superintendent of the 7 Puerto Rican Police Department. 8 Q. What was your employment before that, 9 sir? 10 A. I was a chief with the NYPD. 11 MR. BERKOWITZ: Off the record. 12 (A discussion was held off the 13 record.) 14 Q. When did you start with the NYPD, 15 sir? 16 A. I started with the New York City 17 Housing Police Department on November 19, Q. And I can fast forward quite a bit, 19 sir. Back in 2011, what was your position? 20 A. I was a Chief with the Transportation 21 Bureau. 22 Q. When did you start that assignment? 23 A. In Q. Just by way of background, what was 25 your area assignment before that?

9 Page 9 2 A. I was the borough commander in 3 Manhattan South. 4 Q. And how long did you have that 5 position, sir? 6 A. A little over two years. 7 Q. So that would be from 2007 back to ? 9 A. I believe so. 10 Q. Now as a Chief with the 11 Transportation Bureau, what were your duties? 12 A. I oversaw traffic within the five 13 boroughs of New York. 14 Q. Since I am not familiar with that, 15 can you kind of just give me a little bit more of 16 an explanation of what that means? 17 A. I oversaw highway patrol, I oversaw 18 traffic enforcement agents and I oversaw the 19 traffic division. 20 Q. And are you familiar with the Occupy 21 Wall Street Movement and what that was back in ? 23 A. Yes. 24 Q. As part of your duties within your 25 employment with NYPD as a Chief of Transportation,

10 Page 10 2 did you have any duties in connection or any 3 assignments in connection with policing the Occupy 4 Wall Street protests? 5 A. No. 6 Q. Were you ever present at any time 7 during that period of time in and around November 8 17, 2011 in the Broadway, Wall Street area? 9 MS. NEUSTEIN: Objection. In 10 what capacity? 11 MR. BERKOWITZ: In any capacity 12 with his employment with NYPD. 13 MS. NEUSTEIN: You can answer 14 the question. 15 A. Ask me the question again. 16 Q. Sure. At any time, let's say we will 17 go back to the beginning of November 2011 to 18 November 30, 2011, were you ever present in lower 19 Manhattan, let's say south of Vesey Street and 20 Broadway down to the end of Manhattan, providing 21 any type of work laborer services in connection 22 with the Occupy Wall Street Protest in your 23 capacity as an employee of NYPD? 24 A. Specifically, I don't recall. 25 Q. Do you recall being in the geographic

11 Page 11 2 area I just described below Vesey Street at any 3 time during what is termed the Occupy Wall Street 4 Protest? 5 A. Specifically, I don't recall. 6 Q. When you say specifically you don't 7 recall, unspecifically do you recall being in that 8 area at any time during the month of November ? 10 A. I don't recall. 11 Q. Who was your supervisor back as a 12 chief? 13 A. The chief of the department? 14 Q. Who was that at that time? 15 A. Chief Esposito. 16 Q. Now, do you recall attending any 17 planning meetings held by NYPD regarding the 18 Occupy Wall Street Protest? 19 A. I don't recall. 20 Q. Do you have knowledge of any planning 21 meetings ever taking place for the plan and 22 execution of a way that the NYPD was going to 23 police the Occupy Wall Street Protest? 24 MS. NEUSTEIN: Objection to the 25 form of the question.

12 Page 12 2 Q. Do you understand the question, sir? 3 MS. NEUSTEIN: That's a very 4 broad question. 5 MS. BERKOWITZ: I am starting 6 broad, but I will break it down, But 7 for now I am asking broad. 8 Q. Do you know if you attended any 9 meetings whatsoever conducted by NYPD concerning 10 the Occupy Wall Street Protest? 11 MS. NEUSTEIN: Objection. You 12 can answer. 13 A. I don't recall. 14 Q. Sir, were you required as a Chief 15 with Transportation to keep any kind of logbook of 16 your assignments or whereabouts at any time as a 17 chief in Transportation? 18 A. I was not. 19 Q. Did you have an administrative 20 assistant as Chief of Transportation? 21 A. Yes. 22 Q. Did your administrative assistant 23 keep any kind of schedule or calender for you at 24 any time while you were Chief of the 25 Transportation Division?

13 Page 13 2 A. I don't recall. 3 Q. Sir, when you were a Chief of 4 Transportation, did you ever attend any meetings 5 at all with regard to your duties as an NYPD 6 Chief? 7 MS. NEUSTEIN: Objection. Don't 8 answer that question. I am going to 9 direct him not to answer the 10 question. You asked him specifically 11 related to this which is relevant to 12 these proceedings. 13 MR. BERKOWITZ: We will get on 14 the phone and we will call the judge. 15 MS. NEUSTEIN: That's fine with 16 me. Do you want the witness to step 17 out of the room? 18 MR. BERKOWITZ: No. 19 MS. NEUSTEIN: Ms. Reporter, I 20 am going to have to ask you to read 21 back the question specifically 22 relating to the Occupy Wall Street 23 and attending any meetings. 24 MR. BERKOWITZ: You know what, I 25 will ask a few more questions so that

14 Page 14 2 when I do call the judge I am not 3 wasting his time with one question. 4 MS. NEUSTEIN: That's fine. 5 MR. BERKOWITZ: Can you read 6 back the last question? 7 (The requested portion of the 8 record was read by the reporter.) 9 Q. When you were a Chief of 10 Transportation, did you have a secretary or any 11 other type of personnel or administrative 12 assistant who worked for you? 13 MS. NEUSTEIN: Objection. Asked 14 and answered. You can answer again. 15 A. Yes. 16 Q. What is the name of that person? 17 A. Evelyn Maldonado. 18 Q. Was it part of Ms. Maldonado's job to 19 keep a calender or schedule for you? 20 A. Yes. 21 Q. And do you know in what form or how 22 she kept that schedule? Did she keep it on the 23 computer; did she keep a logbook; did she keep a 24 physical calender; a computer program like Outlook 25 or anything of that nature?

15 Page 15 2 A. A calender. 3 Q. A physical hard calender like a book? 4 You know, lawyers would call it a rent book? 5 A. Computer. 6 Q. Would you meet with Ms. Maldonado on 7 a daily basis -- and I will even limit it. Back 8 in November of 2011, would you meet with Ms. 9 Maldonado at any time to discuss upcoming events 10 that you were required to attend? 11 A. Yes. 12 Q. How often would you do that? 13 A. At least once a week. 14 Q. Do you know if Ms. Maldonado was a 15 police officer, a civilian employee or something 16 else? 17 A. Detective. 18 Q. Do you know if Ms. Maldonado is still 19 employed by NYPD? 20 A. I believe she is. 21 Q. Do you have any personal knowledge of 22 when the Occupy Wall Street Movement began and 23 what I mean by that is when protesters first 24 appeared in lower Manhattan below Vesey Street? 25 A. I don't recall.

16 Page 16 2 Q. In November of 2011, did the NYPD 3 Transportation Department have any policing 4 responsibilities of any type whatsoever in 5 connection with the Occupy Wall Street Movement? 6 A. Yes. 7 Q. What were those responsibilities? 8 A. Traffic flow. 9 Q. When you say "traffic flow," can you 10 please describe to me specifically what the 11 responsibility of the NYPD Transportation 12 Department was in connection with the Occupy Wall 13 Street Movement? 14 A. To make sure that vehicular traffic 15 moved efficiently. 16 Q. Throughout the Occupy Wall Street 17 Protest area? 18 A. Well, the City. 19 Q. But I am talking now specifically in 20 connection with the Occupy Wall Street Protest? 21 A. Yes. 22 Q. Did the Transportation Department 23 have to perform any additional planning 24 specifically in connection with the Occupy Wall 25 Street Protest in the month of November 2011 to

17 Page 17 2 assess or check upon the flow of traffic in the 3 lower Manhattan area? 4 A. I don't recall. 5 Q. Are such assessments done anywhere 6 throughout the City either in connection with a 7 specific event or in general? 8 MS. NEUSTEIN: Objection. You 9 can answer. 10 A. Yes. 11 Q. Are such surveys broken up by 12 geographic area or something else? 13 A. Yes. 14 Q. Geographic area or something else or 15 both? 16 A. Geographical area. 17 Q. How are the geographic areas 18 designated by the Traffic Division? 19 A. They are broken down by commands, 20 traffic commands. 21 Q. Is there a specific traffic command 22 for lower Manhattan? 23 A. There is a traffic command for the 24 City. 25 Q. Are there subdivisions of that

18 Page 18 2 traffic command? 3 A. The Traffic Division itself, there 4 are no subdivisions. 5 Q. In assessing traffic throughout the 6 City, are there subdivisions other than borough, 7 like for instance upper Manhattan, lower Manhattan 8 or something else? 9 A. There are traffic enforcement 10 districts. 11 Q. Okay. Is there a specific traffic 12 enforcement district for lower Manhattan? 13 A. The Traffic Division does the 14 planning for the City. 15 Q. Well, you were the Chief of the 16 Traffic Division; correct? 17 A. No. 18 Q. I am sorry. You were the Chief of 19 the Transportation Division? 20 A. Transportation Bureau. 21 Q. And what you just testified to is 22 there was a separate Transportation Division? 23 A. Correct -- can you ask me that 24 question again? 25 Q. I will have it read back because I am

19 Page 19 2 getting a little confused with your terminology, 3 sir. 4 A. Me too. 5 (Whereupon, the requested 6 portion was read by the reporter.) 7 Q. You were the Chief of the 8 Transportation Bureau; what's the difference of 9 Transportation Bureau to the Transportation 10 Division? 11 A. I was the overhead command for the 12 Traffic Division. 13 Q. So the Transportation Division, you 14 were the Chief because as you just testified that 15 fell under the Transportation Bureau; that was a 16 subdivision of the Transportation Bureau? 17 A. The Traffic Division. 18 Q. Was a subdivision of the 19 Transportation Bureau; is that correct, sir? 20 A. Correct. 21 Q. So therefor as the Chief of the 22 Transportation Bureau that was under your ambit of 23 responsibility as the Chief of the Transportation 24 Bureau; is that correct, sir? 25 A. Ask me that question again, please?

20 Page 20 2 MS. NEUSTEIN: Do you want it 3 read back? 4 THE WITNESS: Yes. 5 (Whereupon, the requested 6 portion was read by the reporter.) 7 MR. BERKOWITZ: I will withdraw. 8 Q. Did the Transporation Division as you 9 just testified to fall A. Traffic Division. 11 Q. -- fall under the Transportation 12 Bureau and if you need me to break it down, I will 13 give you an example MS. NEUSTEIN: He is shaking his 15 head no. He doesn't need you to 16 break it down. 17 A. I will answer the last question. I 18 think it was yes -- I think I lost it. 19 Q. Okay. 20 A. You asked a question in the middle of 21 your last question. 22 Q. Sir, you testified that the 23 Transporation Division is responsible A. The Traffic Division. 25 Q. I am saying it wrong. I apologize.

21 Page 21 2 The Traffic Division would have been responsible 3 for traffic flow or assessing traffic flow at 4 various locations in Manhattan or the City of New 5 York; correct? 6 A. Correct. 7 Q. And I asked again, is there a 8 specific area or subdivision that encompasses 9 lower Manhattan? 10 A. The Traffic Division has the whole 11 City. 12 Q. Is that broken down for evaluation 13 into various parts of the City; east side, west 14 side, north, south or something of that nature? 15 A. The Division has the whole City. 16 Q. That Traffic Division, did that fall 17 under your command of the Transportation Bureau? 18 A. Yes. 19 Q. In essence, is it correct to say as 20 Chief you were the top supervisor of the Traffic 21 Division or commanding officer of that nature? 22 A. I was the Chief of Transportation. 23 The Division has its own commanding officer. 24 Q. Was that division commanding officer 25 subordinate to you as the Chief of the

22 Page 22 2 Transportation Bureau? 3 A. Yes. 4 Q. Do you know if the Traffic Division 5 did any type of planning in connection with the 6 Occupy Wall Street Protest? 7 A. Not specifically. 8 Q. At the time of the Occupy Wall Street 9 Protest, who was the Chief or commanding officer 10 of the Traffic Division? 11 A. I believe it was Inspector Hanover. 12 Q. As your subordinate, did Inspector 13 Hanover ever have to communicate with you 14 regarding traffic plans for the Occupy Wall Street 15 Movement? 16 A. I don't recall. 17 Q. At any time during the Occupy Wall 18 Street Protest, did you have any duties other than 19 your normal day-to-day duties, specifically in 20 connection with the Occupy Wall Street Protest? 21 A. I don't recall. 22 Q. On November 17, 2011, you were in 23 fact employed as the Chief of Transportation with 24 NYPD; is that correct, sir? 25 A. Yes.

23 Page 23 2 Q. Do you recall if you actually were 3 working on November 17, 2011? 4 A. I don't recall. 5 MR. BERKOWITZ: Can we mark 6 this? 7 (Affidavit was hereby marked 8 as Plaintiff's Exhibit No. 1 for 9 identification, as of this date.) 10 Q. Sir, I am showing a document marked 11 as Plaintiff's Exhibit No. 1, and it's a document 12 that has the legal caption of this case on it, and 13 it's entitled Affidavit under Index No /2012 with the City, File No Have you ever seen this document before? 16 A. Yes. 17 Q. And can you tell what this document 18 is? 19 A. It indicates that Q. I am just asking what it is. Can you 21 tell me what the document is? 22 A. Affidavit. 23 Q. Is this an affidavit executed and 24 signed by you? Is that a copy of your signature? 25 A. Yes.

24 Page 24 2 Q. Okay. I don't have the original of 3 this document, sir, but to your knowledge, did you 4 execute an original of this document? 5 A. Yes. 6 Q. Is this an exact duplicate of the 7 original document that you executed? 8 A. Yes. 9 Q. And there are paragraphs numbered 10 one, two, three, four, five, six; is the 11 information contained in those paragraphs an exact 12 duplicate of the original affidavit that you 13 signed? 14 A. I believe so. 15 Q. Does that document refresh your 16 recollection as to whether or not you were working 17 in your capacity of Chief of the Transportation 18 Bureau on November 17, 2011? 19 A. Yes. 20 Q. And does this document refresh your 21 recollection of what time you started working that 22 day? 23 A. Yes. 24 Q. And according to this document, did 25 you start working at 0600 on November 17, 2011?

25 Page 25 2 A. Yes. 3 Q. Do you have an independent 4 recollection of working that day? 5 A. No. 6 Q. If you don't have an independent 7 recollection of working that day, how did you 8 supply the information for this document, sir? 9 A. Weekly timesheet. 10 Q. And prior to executing this document, 11 sir, did you review your weekly time sheet? 12 A. I don't recall. 13 Q. Did you have normal working hours? 14 MS. NEUSTEIN: Objection to the 15 phrase "normal." 16 Q. What were your working hours? 17 A. Normally, I would work from 10:00 to Q. Now, does this document indicate what 20 time you worked until on November 17, 2011? 21 A. Yes. 22 Q. And does the document indicate on 23 that day that you worked until 2050, which is 8:50 24 p.m.? 25 A. Yes.

26 Page 26 2 Q. So is it correct to say that on 3 November 17, 2011, you worked almost 15 hours that 4 day? 5 A. Yes. 6 Q. Sir, according to what you previously 7 testified to, that your normal hours were from 8 10:00 a.m. to 1800, which is 6:00 p.m., so that 9 the hours that you worked on November 17, were in excess of what your regular working hours 11 were back in November of 2011? 12 A. Yes. 13 Q. Do you know why you worked those 14 extra hours on November 17, 2011? 15 A. I don't recall. 16 Q. On November 17, 2011 at 0600, where 17 were you? 18 A. At 0600? 19 Q. It says you started working at 0600; 20 where were you on 0600 on November 17, 2011? 21 A. It should have been One Police Plaza. 22 Q. I am not asking where it should have 23 been. Do you have an independent recollection of 24 where you were at 0600 on November 17, 2011? 25 A. No.

27 Page 27 2 Q. Do you have any recollection where 3 you were at any time on November 17, 2011 at any 4 time? 5 A. No. 6 Q. Do you have any recollection of any 7 police personnel you either saw, talked to, had a 8 personal conversation with on November 17, 2011? 9 MS. NEUSTEIN: Objection. You 10 can answer. 11 A. No. 12 Q. Do you have any recollection of any 13 type of activity whatsoever, and I am talking 14 about from having lunch to going to the bathroom, 15 that you did on November 17, 2011? 16 MS. NEUSTEIN: Objection. You 17 can answer. 18 A. No. 19 Q. Do you have any recollection of 20 shoving a person multiple times named Jeffrey 21 Norkunas? 22 A. No. 23 Q. Do you have any recollection of being 24 at the corner of Wall Street and Broadway on 25 November 17, 2011?

28 Page 28 2 A. No. 3 Q. I'd like to be a little specific with 4 you please, sir. When you say you have no 5 recollection, does that mean that you weren't 6 there or you just don't know whether or not you 7 were there? 8 A. I don't recall. 9 MR. BERKOWITZ: Could you read 10 the question back. 11 A. I don't know whether I was there or 12 not. 13 (The requested portion of the 14 record was read by the reporter.) 15 Q. Do you know where you were on 16 November 18th of 2011, sir? 17 A. No. 18 Q. I may have asked you this, but I want 19 to make sure I am clear. At any time during the 20 Occupy Wall Street Protest, did you have any 21 meetings with any members, whether it be the Chief 22 of police, anybody whatsoever connected with NYPD 23 concerning the Occupy Wall Street Movement? 24 MS. NEUSTEIN: Objection. Asked 25 and answered at the beginning of this

29 Page 29 2 deposition, but I will let him answer 3 it again. 4 A. I don't recall. 5 Q. On November 17, 2011, did you have 6 any interaction with any protesters or people 7 participating in the Occupy Wall Street Movement? 8 A. I don't recall. 9 Q. Back on November 17, 2011, did you 10 have any kind of staff that worked directly for 11 you such as an assistant chief of the Bureau or 12 anything of that sort or nature? 13 A. Yes. 14 Q. Who was that or they, sir? 15 A. Well the executive officer was John 16 Cassidy, Deputy Chief John Cassidy. 17 Q. Do you know if the executive officer, 18 John Cassidy, had any duties as a police officer 19 in connection with the Occupy Wall Street 20 Movement? 21 A. I don't recall. 22 Q. Did you have any other staff or 23 direct subordinates at that time? 24 A. Can you ask me the question again? 25 Q. Sure. I asked if you had any type of

30 Page 30 2 staff, like for instance there is a commanding 3 officer, there is usually an executive officer, 4 maybe for lack of a better term like in the 5 military a first sergeant or somebody who would 6 hold another subordinate position to you in 7 connection with the performance of your duties as 8 Chief of the Transportation Bureau. So what I am 9 asking sir, as Chief of the Transportation Bureau 10 back in November of 2011, you described to me some 11 of the responsibilities that you had; did you have 12 direct subordinates who would be responsible for 13 executing your orders and directives in connection 14 with your duties as the Chief of the 15 Transportation Bureau? 16 A. Yes. 17 Q. Who were those people? 18 A. I don't recall. 19 Q. Did the NYPD at that time keep 20 records of officer's positions? 21 A. Yes. 22 Q. Now, if you don't recall the specific 23 names of the people, do you recall at least the 24 types of job titles or job titles those people may 25 have, and what I mean by that is the subordinates

31 Page 31 2 who worked directly for you and who were 3 responsible for executing your orders and 4 directives as the Chief of the Transportation 5 Bureau? 6 A. Yes. 7 Q. What were those positions? 8 A. Sergeants and lieutenants. 9 Q. Did they have any specific title 10 other than sergeant or lieutenant such as 11 assistant deputy chief or deputy chief in charge 12 of some responsibility that was under your ambit 13 as Chief of the Transportation Bureau? 14 A. Their rank. 15 Q. Was there, for example, some type of 16 command group that you would specifically tell or 17 assign responsibilities based upon your duties as 18 Chief? 19 A. No. 20 Q. So if you made a decision or issued 21 some directive as Chief, how would that be carried 22 out? 23 A. To a sergeant, to a lieutenant. 24 Q. Was there a most senior person that 25 you recall that you would give a directive to who

32 Page 32 2 would then be responsible for carrying out that 3 directive? 4 A. Depending who was on duty. 5 Q. Well, at that time how many, let's 6 say, captains worked for you? 7 A. I don't recall. 8 Q. How many lieutenants worked for you? 9 A. I don't recall. 10 Q. How many sergeants worked directly 11 for you? 12 A. I don't know. 13 Q. How many patrol officers worked 14 directly for you? 15 A. I don't recall. 16 Q. What were the executive officer's 17 duties at that time? You said Deputy Chief John 18 Cassidy; what were his duties, sir? 19 MS. NEUSTEIN: Objection. You 20 can answer. 21 THE WITNESS: I know I can 22 answer, but MS. NEUSTEIN: Can you answer 24 his question the way it's asked? 25 THE WITNESS: No.

33 Page 33 2 MS. NEUSTEIN: Can you rephrase 3 the question? 4 Q. You said there was an executive 5 officer of the Transportation Bureau? 6 A. Correct. 7 Q. His name back in November of 2011 was 8 Deputy Chief John Cassidy? 9 A. Yes. 10 Q. And Deputy Chief John Cassidy was, 11 for lack of the better term, second in command of 12 the Transportation Bureau? 13 A. Yes. 14 Q. As second in command of the 15 Transportation Bureau, did he have 16 responsibilities for the running of the 17 Transportation Bureau? 18 MS. NEUSTEIN: Objection. You 19 can answer. 20 A. Yes. 21 Q. What were those responsibilities? 22 MS. NEUSTEIN: Objection. You 23 can answer. 24 A. To perform in my absence; he had 25 specific duties to watch over time budgets; he

34 Page 34 2 oversaw the units. 3 Q. At any time during the Occupy Wall 4 Street protests, did you as the Chief of the 5 Transportation Bureau assign officers to provide 6 police services in connection with the Occupy Wall 7 Street Movement? 8 MS. NEUSTEIN: Objection. You 9 can answer. 10 A. No. 11 Q. At any time during the Occupy Wall 12 Street Protest, did you have any interaction with 13 any people who were employees of any type of media 14 outlet whether it was newspaper or magazine? 15 A. I don't recall. 16 Q. As Chief of the Transportation 17 Bureau, at any time during the Occupy Wall Street 18 Protest, did you ever review any type of documents 19 regarding traffic flow as it was affected by the 20 Occupy Wall Street Protest? 21 A. I don't recall. 22 Q. Do you know if any such documents 23 were generated by anyone in connection with 24 traffic flow as it was affected by the Occupy Wall 25 Street protests?

35 Page 35 2 MS. NEUSTEIN: Objection. You 3 can answer. 4 A. Normally, there are some documents. 5 Q. Well, I am asking specifically, sir, 6 not normally. Do you know of any such documents 7 generated regarding traffic flow as it was 8 affected by Occupy Wall Street protests? 9 A. There should have been. 10 Q. If those documents should have 11 existed, should you have reviewed them? 12 A. No. 13 Q. Who would review them? 14 A. The commanding officer of the Traffic 15 Division. 16 Q. I am not sure if I asked this 17 question. At any time during the Occupy Wall 18 Street Movement, did you ever go to the location 19 of the Occupy Wall Street Protest, at any time 20 during the Occupy Wall Street Protest? 21 MS. NEUSTEIN: Objection. Asked 22 and answered. I will let him answer 23 again. 24 A. Repeat that. 25 Q. At any time did you go to the area of

36 Page 36 2 the Occupy Wall Street Protest in your capacity of 3 working for NYPD? 4 A. Yes. 5 Q. When was that? 6 A. I don't recall. 7 Q. What was the purpose of you going 8 there? 9 A. To oversee traffic operations. 10 Q. When you say "oversee traffic 11 operations," could you be more specific of what 12 you were overseeing? 13 A. To ensure that traffic was flowing 14 efficiently. 15 Q. Was it at any time? 16 MS. NEUSTEIN: Objection. 17 A. I don't recall. 18 Q. Do you know how many times you 19 performed that duty in connection with the Occupy 20 Wall Street Protest? 21 A. I don't recall. 22 Q. Was it more than once, less than ten 23 or something else? 24 A. More than once and less than ten. 25 Q. Was it five times?

37 Page 37 2 A. Could have been two to four times. I 3 don't know. 4 Q. Now, as a result of performing those 5 duties, did you make any notes or notations or 6 writings of any type, whether written or 7 electronic, or some other format regarding your 8 observations regarding traffic flow? 9 A. I don't recall. 10 Q. As a result of your observations 11 regarding traffic flow, did you make any 12 recommendations to any subordinates about making 13 changes or improvements or some other police 14 function with regard to traffic flow based upon 15 those two to four times that you were in the area? 16 A. I don't recall. 17 Q. Now, are you familiar with the claim 18 of Mr. Norkunas? 19 A. Am I familiar? I think you read 20 something to me before. 21 Q. Are you aware of the allegations that 22 Mr. Norkunas made against you? 23 A. Not specifically, no. 24 MS. NEUSTEIN: Objection. The 25 claim is not against this individual.

38 Page 38 2 You have John Doe's in the caption 3 and it's not clear upon his affidavit 4 that he was present and he is the 5 individual that Mr. Norkunas has 6 accused of engaging in the 7 activities. 8 Q. In connection to the claim of Mr. 9 Norkunas, are you aware of any investigation that 10 took place? 11 A. I am not aware. 12 Q. Other than your attorneys, did you 13 discuss this case with anyone? 14 A. No. 15 (Continued on the next page to 16 accommodate jurat.)

39 Page 39 2 Q. In connection with this case, did you 3 review any documents? 4 A. No -- I did. I reviewed the 5 affidavit that's in front of me. 6 MS. NEUSTEIN: Marked as 7 Plaintiff's Exhibit No MR. BERKOWITZ: I have nothing 9 further. Thank you, sir. 10 (Whereupon, the proceedings 11 were concluded at 12:00 p.m.) JAMES TULLER Subscribed and sworn to 16 before me this 17 day of, NOTARY PUBLIC

40 Page 40 2 I N D E X 3 WITNESS EXAMINATION BY PAGE 4 James Tuller Mr. Berkowitz EXHIBIT 7 PLAINTIFF'S DESCRIPTION PAGE 8 1 Affidavit

41 Page 41 2 CERTIFICATION 3 STATE OF NEW YORK ) 4 COUNTY OF RICHMOND ) 5 6 I, Lauren Catania, a stenotype 7 reporter and Notary Public within and for the 8 State of New York, do hereby certify that: 9 10 JAMES TULLER The witness whose Examination 13 Before Trial is hereinbefore set forth, was first 14 duly sworn by me, and that such Examination Before 15 Trial is a true and accurate record of the 16 testimony given by said witness; and I further 17 certify that I am not related to any of the 18 parties of this action by blood or marriage and 19 that I am in no way interested in the outcome of 20 this matter. 21 IN WITNESS WHEREOF, I have 22 hereunto set my hand this 29th day of March, LAUREN CATANIA 25

42 Page 42 A above-entitled 1:20 absence 33:24 accommodate 7:7,13,15 38:16 accurate 41:15 accused 38:6 action 1:20 3:16 5:5 6:17 41:18 activities 38:7 activity 27:13 addition 3:12 4:25 additional 16:23 address 6:11 administrative 12:19,22 14:11 affidavit 23:7 23:13,22,23 24:12 38:3 39:5 40:8 agents 9:18 AGREED 3:4 3:18 4:6,12 4:18 5:7 allegations 37:21 ALLEGEDLY 1:7 ambit 19:22 31:12 answer 7:2,3 7:17,23 10:13 12:12 13:8,9 14:14 17:9 20:17 27:10 27:17 29:2 32:20,22,23 33:19,23 34:9 35:3,22 answered 14:14 28:25 35:22 anybody 28:22 apologize 20:25 appeared 15:24 area 8:25 10:8 11:2,8 16:17 17:3,12,14,16 21:8 35:25 37:15 areas 17:17 asked 13:10 14:13 20:20 21:7 28:18,24 29:25 32:24 35:16,21 asking 12:7 23:20 26:22 30:9 35:5 assess 17:2 assessing 18:5 21:3 assessments 17:5 assign 31:17 34:5 assignment 8:22,25 assignments 10:3 12:16 assistant 12:20 12:22 14:12 29:11 31:11 attend 13:4 15:10 attended 12:8 attending 11:16 13:23 attorney 6:15 7:14 attorneys 2:4 2:11 38:12 aware 37:21 38:9,11 a.m 1:14 26:8 B back 8:19 9:7 9:21 10:17 11:11 13:21 14:6 15:7 18:25 20:3 26:11 28:10 29:9 30:10 33:7 background 6:21 8:24 bar 3:14 5:3 based 31:17 37:14 basis 15:7 bathroom 27:14 began 15:22 beginning 10:17 28:25 begun 3:24 BELIEF 1:8 believe 9:9 15:20 22:11 24:14 Berkowitz 2:4 2:6 6:7,15 8:11 10:11 12:5 13:13,18 13:24 14:5 20:7 23:5 28:9 39:8 40:4 better 30:4 33:11 bit 8:18 9:15 blood 41:18 book 15:3,4 borough 1:8 9:2 18:6 boroughs 9:13 break 7:6,12 12:6 20:12,16 broad 12:4,6,7 Broadway 2:5 10:8,20 27:24 broken 17:11 17:19 21:12 brought 6:17 budgets 33:25 Bureau 8:21 9:11 18:20 19:8,9,15,16 19:19,22,24 20:12 21:17 22:2 24:18 29:11 30:8,9 30:15 31:5,13 33:5,12,15,17 34:5,17 business 6:10 C C 2:2 calender 12:23 14:19,24 15:2 15:3 call 13:14 14:2 15:4 capacity 10:10 10:11,23 24:17 36:2 captains 32:6 caption 23:12 38:2 carried 31:21 carrying 32:2 CARTER 2:10 case 23:12 38:13 39:2 Cassidy 29:16 29:16,18 32:18 33:8,10 Catania 1:21 6:3 41:6,24 CATHY 2:13 certification 4:14 41:2 certify 41:8,17 changes 37:13 charge 5:11 31:11 check 17:2 CHERNYA... 2:16 chief 6:14 8:10 8:20 9:10,25 11:12,13,15 12:14,17,20 12:24 13:3,6 14:9 18:15,18 19:7,14,21,23 21:20,22,25 22:9,23 24:17 28:21 29:11 29:16 30:8,9 30:14 31:4,11 31:11,13,18 31:21 32:17 33:8,10 34:4 34:16 Church 1:12 2:11 City 1:7,7,18 2:10 6:17,18 8:16 16:18 17:6,24 18:6 18:14 21:4,11 21:13,15 23:14 civilian 15:15 claim 37:17,25 38:8 clear 28:19 38:3 command 17:21,23 18:2 19:11 21:17 31:16 33:11 33:14 commander 1:8 9:2 commanding 21:21,23,24 22:9 30:2 35:14 commands 17:19,20

43 Page 43 communicate 22:13 computer 14:23,24 15:5 concerning 6:18 12:9 28:23 concluded 39:11 Conduct 4:21 conducted 12:9 confer 7:14 confused 19:2 connected 28:22 connection 10:2,3,21 16:5,12,20,24 17:6 22:5,20 29:19 30:7,13 34:6,23 36:19 38:8 39:2 consulting 7:18 contained 24:11 Continued 38:15 controlled 4:4 conversation 27:8 copy 5:9 23:24 corner 27:24 CORPORA... 2:10 correct 18:16 18:23 19:19 19:20,24 21:5 21:6,19 22:24 26:2 33:6 counsel 1:24 2:10 3:5,19 4:2,7,13,19 5:8,10 COUNTY 1:2 41:4 court 1:2 6:24 current 6:10 C.P.L.R 3:8 4:4,10,20 D D 40:2 daily 15:7 date 23:9 day 24:22 25:4 25:7,23 26:4 39:17 41:22 day-to-day 22:19 decision 31:20 deemed 4:2 Defendants 1:9 1:17 2:11 department 1:7 1:18 6:18 8:7 8:17 11:13 16:3,12,22 Depending 32:4 deposition 29:2 Depositions 4:22 deputy 29:16 31:11,11 32:17 33:8,10 describe 16:10 described 11:2 30:10 DESCRIPTI... 40:7 designated 17:18 Detective 15:17 difference 19:8 direct 13:9 29:23 30:12 directive 31:21 31:25 32:3 directives 30:13 31:4 directly 29:10 31:2 32:10,14 discuss 15:9 38:13 discussion 8:12 district 18:12 districts 18:10 division 9:19 12:25 17:18 18:3,13,16,19 18:22 19:10 19:12,13,17 20:8,10,23,24 21:2,10,15,16 21:21,23,24 22:4,10 35:15 document 23:10,11,15 23:17,21 24:3 24:4,7,15,20 24:24 25:8,10 25:19,22 documents 34:18,22 35:4 35:6,10 39:3 DOE 1:7,8 Doe's 38:2 duly 6:3 41:14 duplicate 24:6 24:12 duties 9:11,24 10:2 13:5 22:18,19 29:18 30:7,14 31:17 32:17 32:18 33:25 37:5 duty 32:4 36:19 E E 2:2,2 6:2,2 40:2 east 21:13 efficiently 16:15 36:14 either 17:6 27:7 electronic 37:7 employed 7:21 15:19 22:23 employee 10:23 15:15 employees 34:13 employment 8:3,4,8 9:25 10:12 encompasses 21:8 enforcement 9:18 18:9,12 engaging 38:6 ensure 36:13 entitled 23:13 Esposito 11:15 ESQ 2:6,10,13 2:16 essence 21:19 evaluation 21:12 Evelyn 14:17 event 17:7 events 15:9 exact 24:6,11 examination 1:17 4:24 5:3 6:6 40:3 41:12,14 examination(s) 3:11,14,20,23 3:25 4:8,15 5:9 examined 3:21 6:4 example 20:13 31:15 excess 26:10 execute 24:4 executed 23:23 24:7 executing 25:10 30:13 31:3 execution 11:22 executive 29:15 29:17 30:3 32:16 33:4 Exhibit 23:8,11 39:7 40:6 existed 35:11 explanation 9:16 extra 26:14 F fact 22:23 failure 3:12,24 4:25 fall 20:9,11 21:16 familiar 9:14 9:20 37:17,19 fast 7:9,10 8:18 feel 7:11 fell 19:15 File 23:14 filing 4:14 fine 13:15 14:4 first 6:3 7:18 15:23 30:5 41:13 five 9:12 24:10 36:25 flow 16:8,9 17:2 21:3,3 34:19,24 35:7 37:8,11,14 flowing 36:13 follows 6:5 form 3:10 4:23 11:25 14:21 format 37:7 forth 41:13 forward 8:18 four 24:10 37:2 37:15 free 7:11 front 39:5 function 37:14

44 Page 44 furnished 5:10 further 3:18 4:6,12,18 5:7 39:9 41:16 G general 17:7 generated 34:23 35:7 geographic 10:25 17:12 17:14,17 Geographical 17:16 gestures 7:4 getting 19:2 give 7:3 9:15 20:13 31:25 given 41:16 go 10:17 35:18 35:25 going 11:22 13:8,20 27:14 36:7 Good 6:14 group 31:16 H hand 7:4 41:22 Hanover 22:11 22:13 happened 6:19 happy 6:23 7:7 7:13 hard 15:3 head 7:4,5 20:15 hear 6:22 7:8 held 1:20 8:12 11:17 hereinbefore 41:13 hereto 3:6,20 4:8,14,20 5:9 hereunto 41:22 highway 9:17 hold 30:6 hours 25:13,16 26:3,7,9,10 26:14 Housing 8:17 I identification 23:9 improvements 37:13 incident 6:19 6:21 including 3:9 4:22 independent 25:3,6 26:23 Index 1:10 23:13 indicate 25:19 25:22 indicates 23:19 individual 37:25 38:5 information 1:8 6:21 24:11 25:8 Inspector 22:11,12 instance 18:7 30:2 instructions 7:19 interaction 29:6 34:12 interested 41:19 investigation 38:9 issued 31:20 J J 2:6,13 6:2 James 1:18 6:9 7:1 8:1 9:1 10:1 11:1 12:1 13:1 14:1 15:1 16:1 17:1 18:1 19:1 20:1 21:1 22:1 23:1 24:1 25:1 26:1 27:1 28:1 29:1 30:1 31:1 32:1 33:1 34:1 35:1 36:1 37:1 38:1 39:1,13 40:1,4 41:1 41:10 Jeffrey 1:4 6:16 27:20 job 14:18 30:24 30:24 John 1:7,8 29:15,16,18 32:17 33:8,10 38:2 judge 13:14 14:2 jurat 38:16 K keep 12:15,23 14:19,22,23 14:23 30:19 kept 14:22 kind 9:15 12:15 12:23 29:10 know 6:23 7:7 7:11,13,15 12:8 13:24 14:21 15:4,14 15:18 22:4 26:13 28:6,11 28:15 29:17 32:12,21 34:22 35:6 36:18 37:3 knowledge 11:20 15:21 24:3 L L 6:2,2 laborer 10:21 lack 30:4 33:11 Lauren 1:21 6:3 41:6,24 lawyer 7:18 lawyers 15:4 legal 23:12 let's 10:16,19 32:5 lieutenant 31:10,23 lieutenants 31:8 32:8 limit 15:7 little 9:6,15 19:2 28:3 location 35:18 locations 21:4 logbook 12:15 14:23 long 9:4 lost 20:18 lower 10:18 15:24 17:3,22 18:7,12 21:9 lunch 27:14 M M 6:2 magazine 34:14 making 37:12 Maldonado 14:17 15:6,9 15:14,18 Maldonado's 14:18 Manhattan 9:3 10:19,20 15:24 17:3,22 18:7,7,12 21:4,9 March 1:14 41:22 mark 23:5 marked 23:7 23:10 39:6 marriage 41:18 matter 41:20 mean 7:5 15:23 28:5 30:25 means 9:16 media 34:13 meet 15:6,8 meetings 11:17 11:21 12:9 13:4,23 28:21 members 28:21 middle 20:20 military 30:5 month 11:8 16:25 morning 6:14 motion 3:15 5:4 move 3:10,13 4:23 5:2 moved 16:15 Movement 9:21 15:22 16:5,13 22:15 28:23 29:7,20 34:7 35:18 multiple 27:20 N N 2:2 40:2 name 6:8,14 14:16 33:7 named 6:16 27:20 names 30:23 nature 14:25 21:14,21 29:12 need 7:6,10,12 7:14 20:12,15

45 Page 45 NEUSTEIN 2:13 7:22 10:9,13 11:24 12:3,11 13:7 13:15,19 14:4 14:13 17:8 20:2,14 25:14 27:9,16 28:24 32:19,23 33:2 33:18,22 34:8 35:2,21 36:16 37:24 39:6 New 1:2,2,7,7 1:13,13,18,22 2:5,5,10,12 2:12 6:12,12 6:17,18 8:16 9:13 21:4 41:3,8 newspaper 34:14 nods 7:4 Norkunas 1:4 6:16 27:21 37:18,22 38:5 38:9 normal 22:19 25:13,15 26:7 normally 25:17 35:4,6 north 21:14 Notary 1:22 3:22,22 6:4 39:19 41:7 notations 37:5 notes 37:5 November 6:19 8:2,17 10:7 10:17,18 11:8 15:8 16:2,25 22:22 23:3 24:18,25 25:20 26:3,9 26:11,14,16 26:20,24 27:3 27:8,15,25 28:16 29:5,9 30:10 33:7 numbered 24:9 NYPD 8:10,14 9:25 10:12,23 11:17,22 12:9 13:5 15:19 16:2,11 22:24 28:22 30:19 36:3 O object 3:9,12 4:22,25 Objection 7:22 10:9 11:24 12:11 13:7 14:13 17:8 25:14 27:9,16 28:24 32:19 33:18,22 34:8 35:2,21 36:16 37:24 observations 37:8,10 Observing 2:16 Occupy 9:20 10:3,22 11:3 11:18,23 12:10 13:22 15:22 16:5,12 16:16,20,24 22:6,8,14,17 22:20 28:20 28:23 29:7,19 34:3,6,11,17 34:20,24 35:8 35:17,19,20 36:2,19 officer 1:7,8 15:15 21:21 21:23,24 22:9 29:15,17,18 30:3,3 33:5 35:14 officers 32:13 34:5 officer's 30:20 32:16 Okay 18:11 20:19 24:2 OLEG 2:16 once 15:13 36:22,24 operations 36:9 36:11 Order 1:23 orders 30:13 31:3 original 3:25 4:15 24:2,4,7 24:12 outcome 41:19 outlet 34:14 Outlook 14:24 overhead 19:11 oversaw 9:12 9:17,17,18 34:2 oversee 36:9,10 overseeing 36:12 P P 2:2,2 page 38:15 40:3,7 paragraphs 24:9,11 part 4:21 9:24 14:18 participating 29:7 parties 3:5,19 4:7,13,19 5:8 41:18 parts 21:13 patrol 9:17 32:13 pending 7:17 people 29:6 30:17,23,24 34:13 perform 16:23 33:24 performance 30:7 performed 36:19 performing 37:4 period 10:7 person 14:16 27:20 31:24 personal 15:21 27:8 personnel 14:11 27:7 phone 13:14 phrase 25:15 physical 14:24 15:3 place 1:21 11:21 38:10 Plaintiff 1:5,19 2:4 Plaintiff's 23:8 23:11 39:7 40:7 plan 11:21 planning 11:17 11:20 16:23 18:14 22:5 plans 22:14 Plaza 6:12 26:21 please 6:8,23 7:6,15 16:10 19:25 28:4 police 1:7,7,8 1:18 6:12,18 8:7,17 11:23 15:15 26:21 27:7 28:22 29:18 34:6 37:13 policing 10:3 16:3 portion 14:7 19:6 20:6 28:13 position 8:19 9:5 30:6 positions 30:20 31:7 present 2:15 10:6,18 38:4 presently 7:21 previously 26:6 prior 25:10 proceedings 13:12 39:10 program 14:24 Protest 10:22 11:4,18,23 12:10 16:17 16:20,25 22:6 22:9,18,20 28:20 34:12 34:18,20 35:19,20 36:2 36:20 protesters 15:23 29:6 protests 10:4 34:4,25 35:8 provide 34:5 provided 3:8 4:3,9,20 providing 10:20 Public 1:22 3:22,22 6:4 39:19 41:7 Puerto 8:7 purpose 36:7 purposes 4:9 pursuant 1:23 P.C 2:4 p.m 25:24 26:8 39:11 Q question 3:9,13

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47 Page 47 16:14 28:19 29:25 35:16 surveys 17:11 sworn 3:21 6:3 39:15 41:14 T T 6:2 take 7:3 taken 1:19,21 takes 6:25 talk 7:8 talked 27:7 talking 7:10 16:19 27:13 tell 23:17,21 31:16 Teller 6:14 ten 36:22,24 term 30:4 33:11 termed 11:3 terminology 19:2 testified 6:4 18:21 19:14 20:9,22 26:7 testifying 5:11 testimony 3:11 3:13 4:24 5:2 41:16 Thank 39:9 therefor 19:21 things 7:9 think 20:18,18 37:19 three 24:10 time 1:20 10:6 10:7,16 11:3 11:8,14 12:16 12:24 14:3 15:9 22:8,17 24:21 25:11 25:20 27:3,4 28:19 29:23 30:19 32:5,17 33:25 34:3,11 34:17 35:17 35:19,25 36:15 times 27:20 36:18,25 37:2 37:15 timesheet 25:9 title 31:9 titles 30:24,24 today 6:20 top 21:20 traffic 9:12,18 9:19 16:8,9 16:14 17:2,18 17:20,21,23 18:2,3,5,9,11 18:13,16 19:12,17 20:10,24 21:2 21:3,3,10,16 21:20 22:4,10 22:14 34:19 34:24 35:7,14 36:9,10,13 37:8,11,14 Transporation 20:8,23 Transportati... 8:20 9:11,25 12:15,17,20 12:25 13:4 14:10 16:3,11 16:22 18:19 18:20,22 19:8 19:9,9,13,15 19:16,19,22 19:23 20:11 21:17,22 22:2 22:23 24:17 30:8,9,15 31:4,13 33:5 33:12,15,17 34:5,16 trial 1:17 3:16 5:5 41:13,15 true 41:15 try 7:9 Tuller 1:19 6:9 7:1 8:1 9:1 10:1 11:1 12:1 13:1 14:1 15:1 16:1 17:1 18:1 19:1 20:1 21:1 22:1 23:1 24:1 25:1 26:1 27:1 28:1 29:1 30:1 31:1 32:1 33:1 34:1 35:1 36:1 37:1 38:1 39:1,13 40:1,4 41:1 41:10 two 9:6 24:10 37:2,15 type 10:21 14:11 16:4 22:5 27:13 29:25 31:15 34:13,18 37:6 types 30:24 U U 6:2 understand 6:22 7:19 12:2 Uniform 4:21 units 34:2 unspecifically 11:7 upcoming 15:9 upper 18:7 usually 30:3 utilized 4:9 V VARGAS 2:4 various 21:4,13 vehicular 16:14 verbal 7:3 Vesey 10:19 11:2 15:24 W W 2:10 waived 4:16 waiver 3:15 4:2 5:3 Wall 9:21 10:4 10:8,22 11:3 11:18,23 12:10 13:22 15:22 16:5,12 16:16,20,24 22:6,8,14,17 22:20 27:24 28:20,23 29:7 29:19 34:3,6 34:11,17,20 34:24 35:8,17 35:19,20 36:2 36:20 want 13:16 20:2 28:18 wasting 14:3 watch 33:25 way 8:24 11:22 32:24 41:19 week 15:13 weekly 25:9,11 weren't 28:5 west 21:13 whatsoever 12:9 16:4 27:13 28:22 whereabouts 12:16 WHEREOF 41:21 withdraw 20:7 witness 6:2 13:16 20:4 32:21,25 40:3 41:12,16,21 witness(es) 3:21 5:11 work 10:21 25:17 worked 14:12 25:20,23 26:3 26:9,13 29:10 31:2 32:6,8 32:10,13 working 23:3 24:16,21,25 25:4,7,13,16 26:10,19 36:3 writings 37:6 written 37:6 wrong 20:25 X X 1:3,11 40:2 Y years 9:6 York 1:2,2,7,7 1:13,13,18,23 2:5,5,10,12 2:12 6:12,12 6:17,18 8:16 9:13 21:5 41:3,8 Z ZACHARY 2: :25 26:16,18,19 26:20, :8,11 39:7 40: :8 10:00 25:17 26: :12 2:11

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