IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT
                     IN AND FOR BREVARD COUNTY, FLORIDA
                        CASE NO.:  05-2001-CF-033986       
           
           STATE OF FLORIDA,

                  Plaintiff,

           vs.

           STEPHAN DANAGO,
           
                  Defendant.
                              /  
           

           

                  DEPOSITION OF:     OFFICER JAMES SARGEANT 

                  DATE TAKEN:        May 14, 2002

           
                  TIMES:             2:40 - 3:50 P.M.
           
           
                  PLACE TAKEN:       2825 Judge Fran Jamieson Way
                                     Building D  
                                     Viera, Florida  32940

           
           
                                REPORTED BY:
                               CASSIE STEPHAN
                     PROFESSIONAL STENOGRAPHIC REPORTER
           
           
           
           
                         RENAISSANCE REPORTING, INC.
           
                         SUNTREE PROFESSIONAL CENTER
                            6550 N. Wickham Road
                                   Suite 4
                          Melbourne, Florida  32940
           
                    (321) 752-5567  *  FAX (321) 255-3512
           
           






 
                                                                 2


        1                   A P P E A R A N C E S
           
        2  
           
        3  
           
        4  For the Plaintiff:
           
        5  
           
        6                  JOHN R. PARKER, ESQUIRE
                        OFFICE OF THE STATE ATTORNEY
        7               2725 Judge Fran Jamieson Way
                                 Building D
        8                   Viera, Florida  32940
           
        9  
           
       10  For the Defendant:
           
       11  
                            JOHN ALBERT, ESQUIRE
       12                 CRUTCHFIELD & SAXON, P.A.
                           111 South Scott Street
       13                 Melbourne, Florida  32901  
           
       14  
           
       15  
           
       16  
           
       17  
           
       18  
           
       19  
           
       20  
           
       21  
           
       22  
           
       23  
           
       24  
           
       25  
           



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        1                         I N D E X
           
        2                                                PAGE NO.
           
        3  DIRECT EXAMINATION BY MR. ALBERT                  4
           
        4  CROSS-EXAMINATION BY MR. PARKER                   43
           
        5  REDIRECT EXAMINATION BY MR. ALBERT                56
           
        6  CERTIFICATE OF REPORTER                           63  
           
        7  CERTIFICATE OF OATH                               64
           
        8  
           
        9  
           
       10  
           
       11                      E X H I B I T S
           
       12  PLAINTIFF'S EXHIBITS
           
       13  NO.         DESCRIPTION
           
       14   
           
       15                    * * * N O N E * * *
           
       16  
           
       17  DEFENDANT'S EXHIBITS
           
       18  NO.         DESCRIPTION
           
       19  
           
       20                    * * * N O N E * * *
           
       21  
           
       22  
           
       23  
           
       24  
           
       25  
           



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        1  WHEREUPON,
           
        2                  OFFICER JAMES SARGEANT,
           
        3         acknowledged having been first duly sworn and
           
        4         testified upon his oath as follows:
           
        5                      DIRECT EXAMINATION
           
        6  BY MR. ALBERT:                
           
        7         Q      Would you state your name, please,
           
        8  Officer?
           
        9         A      James Sargeant.
           
       10         Q      Would you spell your last name for me?
           
       11         A      S-A-R-G-E-A-N-T.
           
       12         Q      G-E-A-N-T?
           
       13         A      Uh-huh.  (Indicating affirmatively)
           
       14         Q      And, let's see, July 30th, 2001, had
           
       15  occasion to come in contact with someone who later
           
       16  became known to you as Stephan Danago?
           
       17         A      Yes, sir.
           
       18         Q      Can you tell me how that occurred,
           
       19  please?
           
       20         A      Got a call for a day care center on Sarno
           
       21  Road that an abduction was being in progress, that a
           
       22  child was being abducted from the day care center.  And
           
       23  by the time I arrived, which was very shortly after the
           
       24  call came out, Mr. Danago had already departed.
           
       25         Q      Let me take that one step at a time.  
           



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        1         A      Okay.
           
        2         Q      You said you received a call; did you
           
        3  actually take the call, or did you get a call from
           
        4  Dispatch?
           
        5         A      From Dispatch.
           
        6         Q      So you didn't actually speak with anyone
           
        7  at the day care?
           
        8         A      No.  I was dispatched from our comm.
           
        9  center.
           
       10         Q      And they said to you that there was an
           
       11  abduction in progress?
           
       12         A      Yes, sir.
           
       13         Q      Did they provide any other information to
           
       14  you at that time?  
           
       15         A      A black male, and they provided his
           
       16  vehicle, which off the top of my head, I couldn't tell
           
       17  you what the description was.
           
       18         Q      And what did you do in response to that
           
       19  call?
           
       20         A      I came -- I was right up the road.  I got
           
       21  down there, and when I arrived it was complete chaos
           
       22  inside the day care center.
           
       23         Q      Okay, well, let's take that one step at a
           
       24  time, too.  You said you were right down the road.  How
           
       25  long did it take you to arrive subsequent to the call
           



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        1  from Dispatch?
           
        2         A      Probably less than one minute.
           
        3         Q      Less than one minute?
           
        4         A      Yes.
           
        5         Q      Can you recall where exactly you were at
           
        6  the time of the call?
           
        7         A      I couldn't tell you, but I know I was in
           
        8  the area.
           
        9         Q      And then you said when you arrived there
           
       10  was chaos?
           
       11         A      Yes.
           
       12         Q      Can you describe what you mean when you
           
       13  say "chaos"; what exactly was going on?
           
       14         A      The little boy was in the front office,
           
       15  crying.
           
       16         Q      The little boy would be Stephin Danago?
           
       17         A      Stephin Danago, yes.  The staff members
           
       18  were -- a couple of them were physically hurt and
           
       19  visibly upset.
           
       20         Q      Were you the only officer on the scene at
           
       21  the time?
           
       22         A      I was first to arrive, yes.
           
       23         Q      Let's take Stephin first.  You said he
           
       24  was in the office, crying, right?
           
       25         A      Yes.
           



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        1         Q      Can you put a degree on that?  I mean,
           
        2  was he crying lightly, was he balling; what was going
           
        3  on?
           
        4         A      He had been -- looking at him you could
           
        5  tell he had been crying for some time.  He had snot in
           
        6  the nose, and, if you want to get graphic. . .
           
        7         Q      Notice any injuries to the child?
           
        8         A      No.
           
        9         Q      Did you look for injuries?
           
       10         A      At that time, no.
           
       11         Q      You say "at that time"; did you at some
           
       12  point?
           
       13         A      Yes.  In fact, I'm trying to think where
           
       14  it's at.  I have to look back here.  
           
       15                Okay.  Stephin had an injured lip that
           
       16  wasn't visibly noticeable when I first entered the
           
       17  office area.
           
       18         Q      All right.  I'm sorry, was there more of
           
       19  an explanation there, officer?
           
       20         A      No.  It wasn't noticed when I first
           
       21  entered the office area.  After speaking with employees
           
       22  at the day care, they explained that Stephin had a sore
           
       23  on his lip, and that is what set Mr. Danago off, when
           
       24  he saw the injury to the lip.  
           
       25                Day care workers suggested that he
           



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        1  received the injury when Mr. Danago tried to force him
           
        2  into the car.  I initially charged Mr. Danago with
           
        3  child abuse for the injury to the lip, until further
           
        4  investigation found out from the day care workers it
           
        5  had actually happened earlier in the day.  There was no
           
        6  blood on the child's lip or anything when I responded
           
        7  at that time.
           
        8         Q      Okay.  So, if I understand that
           
        9  correctly, when you initially arrived on scene you
           
       10  didn't notice any injuries to Stephin; is that correct?
           
       11         A      No.
           
       12         Q      At some point subsequent some of the day
           
       13  care employees, themselves, told you that there was an
           
       14  injury to Stephin?
           
       15         A      Yes.
           
       16         Q      Do you recall who those employees were?
           
       17         A      I'd have to get it out of here.  Let's
           
       18  see.  I know one of them was Maria?
           
       19                MR. PARKER:  Santiago?  
           
       20                THE WITNESS:  Said that, in my report,
           
       21         that somebody had told me about Stephin's lip,
           
       22         but I don't know -- one of the employees had
           
       23         told Ms. Cooks that Danago had broken Stephin's
           
       24         lip when he put him in the car.  But I don't
           
       25         know which one told Ms. Cooks that.
           



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        1  BY MR. ALBERT:  
           
        2         Q      All right.  Do you recall what employee,
           
        3  though, pointed out the injury to you that day?
           
        4         A      I'm looking in here right now.
           
        5         Q      Is that the report you wrote on that day?
           
        6         A      Uh-huh.  (Indicating affirmatively) 
           
        7         Q      I take it you don't have any independent
           
        8  recollection as to who it was?
           
        9         A      It's been awhile.  This was almost a year
           
       10  ago.
           
       11         Q      Yes.
           
       12         A      At my age my mind isn't as sharp as it
           
       13  used to be.
           
       14         Q      Is it anywhere in your report, Officer?
           
       15         A      Right now I'm not finding it.  I was
           
       16  given advice Danago gave his son the -- okay, let me
           
       17  check one of the statements.        
           
       18                I can't find in here who said his lip was
           
       19  busted.
           
       20         Q      But I take it at some point in time you
           
       21  did discover that Stephin did, in fact, have an injury
           
       22  to his lip, and based on your investigation would it be
           
       23  fair to say that he had the injury prior to Mr. Danago
           
       24  coming to the school?
           
       25         A      Yes.  In fact, that is noted in here,
           



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        1  that it was not bleeding and he did not have ice on it
           
        2  at the time.
           
        3         Q      Were you able to determine how the injury
           
        4  occurred to Stephin's lip?
           
        5         A      At that -- at the beginning, no.  I was
           
        6  told that he received the lip injury when Dad threw him
           
        7  through the window of the vehicle.
           
        8         Q      But you later learned that was not
           
        9  accurate?
           
       10         A      Right.  After interviewing staff members,
           
       11  I believe Mr. Santiago was his teacher, had said that
           
       12  in fact the injury had happened earlier that day, and
           
       13  subsequently the charge of charge of child abuse was
           
       14  dropped, because there was no injury to the child.  In
           
       15  fact, even though throwing the child through the window
           
       16  actually came out to be where the child ran and got in
           
       17  the car himself, after everybody stood back and thought
           
       18  about what was going on, their recollection got a
           
       19  little bit better, that, okay, no, it wasn't like that,
           
       20  it was actually like this.
           
       21         Q      All right.  So if I understand what you
           
       22  are saying correctly, there are some conflicts
           
       23  initially regarding Stephin's injury and also regarding
           
       24  how Stephin actually got in the car?
           
       25         A      Yes.
           



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        1         Q      Regarding the injury, first you were told
           
        2  it occurred by him being pushed through the car window?
           
        3         A      Yes.
           
        4         Q      Later you found out that it occurred
           
        5  sometime prior to Mr. Danago arriving at the school?
           
        6         A      Yes.
           
        7         Q      And regarding the window incident, you
           
        8  first were told that the child hadn't pushed through
           
        9  the window or crawled through the window; which is
           
       10  accurate?
           
       11         A      That he had been basically picked up and
           
       12  put in through the window.
           
       13         Q      By Mr. Danago, I assume?
           
       14         A      Yes.
           
       15         Q      And you later learned that that wasn't
           
       16  accurate, that Stephin had gotten into the vehicle on
           
       17  his own?
           
       18         A      Yes.
           
       19         Q      Did you investigate anything as far as
           
       20  Stephin having any other injuries, any problems with
           
       21  his eyes, for instance?
           
       22         A      That's what's funny.  Dad shows up to put
           
       23  eye drops in the kid's eye.  The day care worker let's
           
       24  him do that.
           
       25         Q      Who was that; do you recall?
           



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        1         A      I believe that was Ms. Santiago, even
           
        2  though she has no idea who this man is.  And he walked
           
        3  over to him and put eye drops in his eyes right then
           
        4  and there.  That, to me, was a little bizarre.
           
        5         Q      All right.  
           
        6         A      I believe he had pink eye.  But I can't
           
        7  swear to that.
           
        8         Q      Well, you didn't actually witness this,
           
        9  correct?
           
       10         A      No.
           
       11         Q      Ms. Santiago told you that?
           
       12         A      Yes.  That is all secondhand.
           
       13         Q      Did you ever look at Stephin's eyes?
           
       14         A      Yes, I did.
           
       15         Q      And I realize you are not a doctor, but
           
       16  did it appear he did have some eye problems?
           
       17         A      I didn't notice anything.
           
       18         Q      When you say you didn't notice anything,
           
       19  does that mean there wasn't anything there, or there
           
       20  wasn't anything significant; what does --
           
       21         A      No, nothing significant that drew my
           
       22  attention to it.
           
       23         Q      Okay.  Would you have any training and
           
       24  experience involving pink eye?
           
       25         A      Twenty-one years as a medic in the
           



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        1  military.
           
        2         Q      So you do know what pink eye looks like?
           
        3         A      Yes.
           
        4         Q      And what does it look like; how does it
           
        5  manifest itself?
           
        6         A      Usually the white part of the eye gets
           
        7  very pink, can have little blisters there, and I did
           
        8  not notice that on him.  I have four kids of my own.
           
        9         Q      What happens as the condition improves?
           
       10         A      Clears up.  
           
       11                MR. PARKER:  I'm going to object, and I
           
       12         don't want you to take offense to this, because
           
       13         I'm going to object on a medical basis, because
           
       14         the proper predicate hasn't been laid to elicit
           
       15         some sort of medical opinion by you regarding
           
       16         pink eye.  
           
       17                He's going to ask you to answer it, and
           
       18         you go right ahead, but I want the record to
           
       19         reflect that I prefer to have a doctor here
           
       20         telling us -- and that's it.  
           
       21  BY MR. ALBERT:  
           
       22         Q      Based on your knowledge and experience,
           
       23  what happens as the condition improves?
           
       24         A      The eye clears up.  That's. . . 
           
       25                MR. PARKER:  Becomes clear eye.
           



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        1  BY MR. ALBERT:  
           
        2         Q      So, then, based on your training and
           
        3  experience, would it be fair to say that Stephin could
           
        4  have had pink eye, just to the point it had cleared up
           
        5  sufficiently?
           
        6         A      I guess that would be fair, because if
           
        7  the child has active pink eye they can't be in day
           
        8  care.
           
        9         Q      And that's based on what?
           
       10         A      That's based on having four kids in day
           
       11  care, and in schools.
           
       12         Q      Okay.  So let's go back, then, to you
           
       13  arrive on scene, you are talking about this scene of
           
       14  chaos, you see Stephin's in the office, he's crying,
           
       15  you said that staff members, some of them were hurt and
           
       16  visibly upset.  Could you explain that for me, where
           
       17  you said staff members were hurt and visibly upset?
           
       18         A      Maria Santiago and Marilyn Williams, who
           
       19  was just here, they were both in the room further back
           
       20  in the next room over from the office, very upset. 
           
       21  Maria had a bite mark on her, I believe Ms. Williams
           
       22  had a black eye.  They were both crying, very, very
           
       23  upset.
           
       24         Q      Were there any other employees that you
           
       25  noticed that were either hurt or visibly upset?
           



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        1         A      There were several that were visibly
           
        2  upset.  Some of the males that were gathered around
           
        3  that tried to stop them from taking it, Mr. Schmid. 
           
        4  Luis DeLeon, he was the youngest one, but he was pretty
           
        5  calm.  He was trying to get the others to calm down a
           
        6  little bit.
           
        7         Q      All right.  Mr. Schmid; you kind of
           
        8  passed over him.  Did you have something to say about
           
        9  him?
           
       10         A      He was there, as was Eric Dutt.  They
           
       11  were all witnesses, and actually helped during the
           
       12  struggle.
           
       13         Q      My initial question was if you noticed
           
       14  any employees that were either injured or upset, and
           
       15  you mentioned Schmid, DeLeon, and Dutt; was there
           
       16  anything significant about their appearance at that
           
       17  time?
           
       18         A      They were not injured, but they were all
           
       19  upset.  Nobody could believe what had happened.
           
       20         Q      All right.  So you said that DeLeon was
           
       21  calm; does that mean that Schmid and Dutt were the only
           
       22  ones upset, or was DeLeon upset, as well?
           
       23         A      DeLeon was trying to calm down the women.
           
       24  They were very, very upset.  Very hard to get calmed
           
       25  down.  Very hard to get a statement out of them, they
           



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        1  were so upset.  And if I'm correct, Mr. DeLeon ended up
           
        2  writing one of the statements for one of the ladies,
           
        3  because they could not write.
           
        4         Q      Let me ask you a question based on that,
           
        5  Officer.  Based on your experience -- well, how long
           
        6  have you been an officer with Melbourne Police
           
        7  Department?
           
        8         A      At that time it was three years and four
           
        9  months.
           
       10         Q      And any prior law enforcement experience?
           
       11         A      No.
           
       12         Q      Based upon your three years at the
           
       13  Melbourne Police Department, did that appear to be a
           
       14  typical response from Ms. Williams and Santiago?
           
       15         A      Typical response as in?  
           
       16         Q      As far as what took place.  You are
           
       17  stating today that they were visibly upset, they were
           
       18  hard to calm down, and I'm wondering if based on your
           
       19  training and experience that seemed to be a normal
           
       20  response as to what you believe took place that day?
           
       21         A      More than normal.  This is not something
           
       22  that happens every day.  These women have done day care
           
       23  for years, and nothing like this has ever happened to
           
       24  them.
           
       25         Q      So you wouldn't consider it to be a
           



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        1  relatively normal response then?
           
        2         A      Absolutely.
           
        3         Q      So what do you do at that point in time?
           
        4  I'm sorry, let me ask it a different way.  Are they all
           
        5  in the office, or is anyone outside?
           
        6         A      Everybody is inside, and at the time that
           
        7  I'm with the ladies we are in a back room.  There is
           
        8  the office and there is a room right behind it.
           
        9         Q      So if I understand you correctly, 
           
       10  Ms. Santiago, and Ms. Williams, and yourself are in a
           
       11  back office, and Mr. Schmid, Mr. DeLeon, and Mr. Dutt
           
       12  are in the outer office?
           
       13         A      DeLeon is also with us in the next
           
       14  office.
           
       15         Q      And what are you doing at that point,
           
       16  Officer?
           
       17         A      Trying to establish what happened, get
           
       18  statements from the women, find out exactly what we had
           
       19  going.  That was the hardest thing, was to get someone
           
       20  to calm down, tell me exactly what we had.
           
       21         Q      All right.  And were you able to do that?
           
       22         A      Yes, I was.
           
       23         Q      And I take it, then, at some point you
           
       24  did interview Ms. Williams and Ms. Santiago?
           
       25         A      Yes.
           



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        1         Q      And kind of short story, what exactly did
           
        2  they have to say?
           
        3         A      Basically that the gentleman came in,
           
        4  wanted to check out Stephin.  When they checked his
           
        5  I.D. against the record and found that he was not on
           
        6  the list to release, he basically just came across the
           
        7  desk, and just started -- pretty much started a
           
        8  free-for-all.  And he grabbed his son and headed to the
           
        9  door, and that was that.  He was going to take his son
           
       10  out of there no matter what.
           
       11         Q      When you say came "across the desk", do
           
       12  you mean he physically went across the other side of
           
       13  the desk?
           
       14         A      I believe how it was written was that he
           
       15  lunged across the desk at Ms. Williams and punched her
           
       16  -- jumped over the manager's desk, punched her on the
           
       17  side of the head with his fist.
           
       18         Q      All right.  So was it just the one hit,
           
       19  then, as far as you recall?
           
       20         A      That was the initial, yes.
           
       21         Q      And Ms. Santiago provided you with pretty
           
       22  much the same statement?
           
       23         A      Yes.  The other statements were very much
           
       24  alike.
           
       25         Q      And did you observe injuries to the two
           



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        1  of them?
           
        2         A      I know on Ms. Williams, she had scratches
           
        3  on her arms, I believe I have here?
           
        4                Williams; right forearm was scraped and
           
        5  bleeding.  Santiago had a bite on her left wrist.  And
           
        6  actually the injuries that they sustained showed up
           
        7  much better, I believe it was the next day when they
           
        8  came in for photographs for our evidence technician,
           
        9  and at that time I was told how much -- how significant
           
       10  the injuries were.
           
       11         Q      All right.  So on that day, July 30th,
           
       12  the injuries didn't appear to be significant?
           
       13         A      They were significant, but being that
           
       14  they were fresh injuries that just occurred, I don't
           
       15  have x-ray vision, and bruising takes awhile.
           
       16         Q      I understand.  So all you observed on
           
       17  that day on Ms. Williams was a black eye and scratches
           
       18  on her arm; is that accurate?
           
       19         A      And a bite on Ms. Santiago.
           
       20         Q      I was going to get to her in a second,
           
       21  but that's all you saw on Ms. Williams?
           
       22         A      Yes, that I recall.
           
       23         Q      And on Ms. Santiago, all you saw was the
           
       24  bite mark?
           
       25         A      Yes.
           



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        1         Q      Did you see them the next day when they
           
        2  came in?
           
        3         A      I did not.
           
        4         Q      So you have no personal knowledge as to
           
        5  what they looked like that day?
           
        6         A      Only through our evidence technician, who
           
        7  got me on the radio and said this is much worse than
           
        8  what it was yesterday.
           
        9         Q      You didn't respond to the police 
           
       10  station --
           
       11         A      No, I did not.  He took photos at that
           
       12  time.
           
       13         Q      Was there a reason you didn't respond?  
           
       14         A      I was on the road working that day.
           
       15         Q      Would that be normal practice and
           
       16  procedure not to respond?
           
       17         A      Yes.
           
       18         Q      Did you notice -- I'm sorry, was --
           
       19         A      The only difference it meant to me was
           
       20  upgrading the charges from battery to aggravated
           
       21  battery.
           
       22         Q      But that would not be a reason for you to
           
       23  respond back to the station?
           
       24         A      No.
           
       25         Q      Mr. Schmid, Mr. DeLeon, and Mr. Dutt, any
           



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        1  injuries to any of the three that you recall?
           
        2         A      Not that I recall.
           
        3         Q      And at some point did you come into
           
        4  contact with Mr. Danago?
           
        5         A      Yes, I did, later in the afternoon.
           
        6         Q      Which afternoon?
           
        7         A      That same afternoon.
           
        8         Q      July 30th?
           
        9         A      Yes.
           
       10         Q      How did that take place?
           
       11         A      We had contacted his place of work.  Do
           
       12  you want -- you are missing the whole middle part.
           
       13         Q      What is the middle part?
           
       14         A      The middle part is when Ms. Cook shows
           
       15  up.
           
       16         Q      At the day care?
           
       17         A      At the day care.
           
       18         Q      How much later did she arrive; do you
           
       19  recall?
           
       20         A      It was very quick.  In fact, when I went
           
       21  out to speak to Stephin for the first time, she was
           
       22  standing there.
           
       23         Q      "She" being Ms. Cooks?
           
       24         A      Ms. Cooks.  Standing there not saying a
           
       25  word.  And I finally said, "What are you to this?"  I
           



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        1  mean, she just appeared out of nowhere.  
           
        2                And she told me she was Stephin's mother.
           
        3                I said, "Okay.  Where is Stephan, and how
           
        4  did you know about this?"  
           
        5                "Well, he's over at my office on Eau
           
        6  Gallie Boulevard."  She said that he had sent her to
           
        7  come and pick up Stephin, because he was taking him out
           
        8  of there.
           
        9         Q      I'm sorry, she told you that she had sent
           
       10  Mr. Danago to go pick up the child?
           
       11         A      No.  That Mr. Danago had showed up over
           
       12  at her office -- 
           
       13         Q      And sent her --
           
       14         A       -- on Eau Gallie Boulevard, told her
           
       15  what had happened, and told her to come and get
           
       16  Stephin.  
           
       17                MR. PARKER:  Just so I'm clear, she
           
       18         alerted -- she said that Mr. Danago had told her
           
       19         what had happened.  
           
       20                THE WITNESS:  Yes, sir.  To the extent
           
       21         of, "The day care center would not let me have
           
       22         Stephin."  
           
       23                MR. PARKER:  More specifically in terms
           
       24         of details of the affray?  
           
       25                THE WITNESS:  No details.  
           



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        1                MR. PARKER:  Just that they wouldn't let
           
        2         him have him and, "Go get the kid."  
           
        3                THE WITNESS:  Yes.  And she shows up, we
           
        4         have Fire Rescue on the scene, police cars on
           
        5         the scene.  
           
        6                MR. PARKER:  She must have freaked out. 
           
        7                THE WITNESS:  No.  She was cool as a
           
        8         cucumber, nonchalant, just standing there
           
        9         watching everything, not offering anything. 
           
       10         That's what was bizarre about it.  I had to ask
           
       11         her, "Who are you, what are you doing here, and
           
       12         where is Stephin?"  
           
       13  BY MR. ALBERT:  
           
       14         Q      Well, Officer, did she give you any
           
       15  indication that she knew what had taken place?
           
       16         A      None.
           
       17         Q      Did you ask her if she knew?
           
       18         A      After I found out who she was, that's
           
       19  when she told me what she knew.  And the whole time we
           
       20  are looking for her boyfriend, and he's right over at
           
       21  her office building.
           
       22         Q      All right.  You said you asked her.  And
           
       23  how did she respond, what did she tell you?
           
       24         A      She told me who she was and that Stephan
           
       25  was over at her office and told her to come over and
           



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        1  get Stephin.
           
        2         Q      Did she indicate she knew exactly what
           
        3  had taken place?
           
        4         A      She indicated that she knew he tried to
           
        5  get Stephin out and the day care center would not let
           
        6  him take Stephin.
           
        7         Q      Did she have anything to say as to that?
           
        8         A      She said that she put -- did not put him
           
        9  on the check-out deliberately, because once before in
           
       10  the past he had taken Stephin to New Orleans, I believe
           
       11  is where they went, Louisiana, New Orleans, unannounced
           
       12  - just picked him up from the day care center and left.
           
       13  And she was afraid that was going to happen again, so
           
       14  she didn't put him on the list.  Nor did she bother to
           
       15  tell the staff that Stephin did have a father and that
           
       16  Stephin's father lives with her, and with Stephin.
           
       17         Q      Did she make any further comment at that
           
       18  point in time as to the appropriateness of what had
           
       19  taken place?
           
       20         A      I'm missing "the appropriateness".
           
       21         Q      Well, as far as what had occurred earlier
           
       22  that day or what should occur at that point in time?
           
       23         A      I'm still not --
           
       24         Q      Was she concerned that he had been there
           
       25  to pick up the child, was she angry and upset?
           



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        1         A      She was concerned that he had been there,
           
        2  because she purposefully had put him very recently in
           
        3  that day care center because it was close to where she
           
        4  worked and away from their house, which was in Palm
           
        5  Bay, figuring that Stephin would be safer or less
           
        6  likely to disappear if he was at that day care center,
           
        7  as opposed to one he had been in prior to that.
           
        8         Q      Even though apparently she also told you
           
        9  that her and Mr. Danago were living together at that
           
       10  time?
           
       11         A      Yes.
           
       12         Q      Did she say anything to you at that point
           
       13  in time as to arresting Mr. Danago, whether or not he
           
       14  had done anything unlawful or inappropriate by her
           
       15  belief?
           
       16         A      I don't believe she got into any of that.
           
       17  She was very non-emotional, just kind of there.  Just
           
       18  providing nothing unless it was drug out of her.
           
       19         Q      All right.  And you seemed to indicate a
           
       20  little while ago that you found her reaction to be very
           
       21  inappropriate?
           
       22         A      Yes, I did.
           
       23         Q      And why was that?
           
       24         A      Well, the child is visibly upset.  I know
           
       25  that if -- ordinarily if a mother's child is in the
           



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        1  middle of a possible abduction, etc., and all this is
           
        2  happening in front of the child, I would expect the
           
        3  mother to be hysterical.
           
        4         Q      And what did you do after your
           
        5  conversation with Ms. Cooks?
           
        6         A      Spoke with her.  I'm trying to see how
           
        7  far it went, because the next day we went out and tried
           
        8  to talk with her again.  
           
        9                Cooks did not offer anything, and I
           
       10  didn't really get into what all had happened with her
           
       11  at that time.
           
       12         Q      All right.  At that time; so I take it
           
       13  you did later on?
           
       14         A      Yes.
           
       15         Q      And what transpired later?
           
       16         A      Well, the next day we went out with
           
       17  D.C.F. to the Danago residence in Palm Bay.  And at
           
       18  that time I think it was Ray Weir (phonetic) that was
           
       19  with me from D.C.F., we sat down with Stephin, Fannie
           
       20  Cooks, and the older daughter --
           
       21                MR. PARKER:  Camilla?  
           
       22                THE WITNESS:  Yes, sat down with them. 
           
       23         At that time Ms. Cooks starts giving us the
           
       24         story of basically how Mr. Danago is a control
           
       25         freak, is basically the way she put it, and
           



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        1         pretty much ruled the house with fear that he
           
        2         was going to take Stephin.  And that's what kept
           
        3         things in line, is, "If you don't do things my
           
        4         way, I'm going to take Stephin and you will
           
        5         never see him again."
           
        6  BY MR. ALBERT:  
           
        7         Q      Did you interview Camilla?
           
        8         A      Yes, we did.
           
        9         Q      Separately, or with Ms. Cooks?
           
       10         A      Separately.
           
       11         Q      And what did she have to add to the
           
       12  investigation?
           
       13         A      Smart girl; very smart girl.  She was
           
       14  basically fed up with the whole situation.  She's been
           
       15  living -- as she put it --
           
       16         Q      Let me stop you, you mean the situation
           
       17  between Ms. Cooks and Mr. Danago?
           
       18         A      Yes.
           
       19         Q      Please continue.
           
       20         A      She basically said she had been living in
           
       21  fear for the last three years.
           
       22         Q      Camilla?
           
       23         A      Uh-huh.  (Indicating affirmatively) 
           
       24         A      According to her, Stephin has an
           
       25  extremely volatile temper, throws things, they could
           



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        1  have no friends over to the house, Camilla was not even
           
        2  allowed to be left alone with Stephin, because
           
        3  Mr. Danago thought that she was filling his head with
           
        4  things, trying to get him to turn against him,
           
        5  basically is what I've kind of gathered from it.
           
        6         Q      And I don't think it's been said, but
           
        7  Camilla is not Mr. Danago's daughter, correct?
           
        8         A      No, she's not.  
           
        9         Q      All right.  Did anything else important
           
       10  to your investigation come out at that point in time?
           
       11         A      Let's see.  This is where Stephin
           
       12  actually told me that he ran to the car door, that he
           
       13  opened the door, and that he jumped in, that Stephin
           
       14  had not thrown him through any window, and that the
           
       15  injury to his lip had occurred earlier when an older
           
       16  kid had pushed him down, and that kid had been given a
           
       17  time-out.  That's what came out the next day.
           
       18         Q      All right.  And that came from Stephin,
           
       19  himself, correct?
           
       20         A      Yes, it did.
           
       21         Q      And did you investigate that in any way,
           
       22  were you able to prove or disprove his statements?
           
       23         A      Yes, I was.  In fact, I went back --
           
       24  well, after we were done with the D.C.F. call here, we
           
       25  went back to the day care center, also with the D.C.F.
           



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        1  call, and at that time sitting down and talking with
           
        2  people that were involved.  
           
        3                Once they were calmed down now and they
           
        4  realized that, okay, maybe he didn't pick him up
           
        5  through the window, yes, I believe one did say that he
           
        6  saw Stephin open the door and get in, that he wasn't
           
        7  thrown in.  And that the lip -- Ms. Santiago actually
           
        8  stated that the lip injury occurred earlier in the day,
           
        9  and that's part of what set Mr. Danago off.  He thought
           
       10  the child was being abused at the day care center.
           
       11         Q      Do you recall what employees the next day
           
       12  told you that Stephin apparently got in the car on his
           
       13  own?
           
       14         A      Let's see.
           
       15         Q      Before you answer that, is it fair to say
           
       16  at this point you have very little personal
           
       17  recollection as to what took place, it is mostly coming
           
       18  from your reports?
           
       19         A      Yes.
           
       20         Q      Okay.  Please continue.  
           
       21         A      Okay.  DeLeon is the one who mentioned he
           
       22  now remembers hearing Danago tell Stephin to get in the
           
       23  car door, and he remembers seeing Stephin get in the
           
       24  car on his own, which contradicted his original written
           
       25  statement.
           



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        1         Q      Anyone else give you a similar statement?
           
        2         A      I believe that was the only one that
           
        3  contradicted that, with the exception of the lip by
           
        4  Santiago, who advised that the lip injury had been done
           
        5  prior to this incident, only she had not done an
           
        6  incident because she got injured prior to having the
           
        7  injury statement written up.
           
        8         Q      All right.  Then is there anything else
           
        9  I'm skipping as prior to your actually coming in
           
       10  contact with Mr. Danago?
           
       11         A      No.  That's pretty much it.
           
       12         Q      Okay.  Then let's go on to that; how did
           
       13  that occur?
           
       14         A      Found out that Mr. Danago worked for
           
       15  Seminor.com (phonetic).  First we sent officers over to
           
       16  Fannie Cook's office and he was no longer there, so we
           
       17  sent officers over to Seminor.com, spoke with a
           
       18  supervisor, who advised he wasn't coming in until,
           
       19  like, it was 4:30 in the afternoon.  And we asked the
           
       20  supervisor when he got there to call us.  
           
       21                Danago showed up for work, he gave us a
           
       22  call, we arrested Danago without incident.
           
       23         Q      Who called you?
           
       24         A      The supervisor.  Let me see if I have his
           
       25  name.
           



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        1         Q      Well, actually, that answers my question.
           
        2  I was wondering if it was Mr. Danago or the supervisor?
           
        3         A      No.  The supervisor.
           
        4         Q      All right.  So you arrest Mr. Danago
           
        5  without incident; take any statement from him?
           
        6         A      No, no written statement.
           
        7         Q      Why not, Officer?
           
        8         A      If I recall, he didn't want to put
           
        9  anything in writing.  He was very -- Mr. Danago felt
           
       10  that this entire incident, that he was the victim.
           
       11         Q      Did he express to you why he felt that
           
       12  way?
           
       13         A      Yes.  He thought that he was only
           
       14  protecting his son, who was being abused at this day
           
       15  care center, and he was saving his life, and that these
           
       16  people attacked him.  And all he did was tried to get
           
       17  away from them.
           
       18         Q      All right.  And is this, though, based on
           
       19  your personal recollection?
           
       20         A      This is based on my personal
           
       21  recollection, yes.
           
       22         Q      But do you feel comfortable today stating
           
       23  that?
           
       24         A      Absolutely, absolutely.
           
       25         Q      And why is it you remember that so well,
           



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        1  Officer?
           
        2         A      Because of the fact that he honestly
           
        3  believed he was a victim in the entire incident.
           
        4         Q      Did he explain to you why he was the
           
        5  victim?
           
        6         A      Just for that, that he was trying to save
           
        7  his child from this day care center that was abusing
           
        8  him.
           
        9         Q      Did you ask him anything about physical
           
       10  contact between himself and the employees of the day
           
       11  care center?
           
       12         A      Yes, I did.  And he said, "The only stuff
           
       13  that I did was to get away from them.  I never did
           
       14  anything except try to get away from them," which is
           
       15  contrary to your -- coming across the desk initially. 
           
       16                He made comments about them reaching
           
       17  inside his car to get his keys, and he's telling them
           
       18  to, "Get out of my car."  He was very open with
           
       19  everything that occurred, and it was -- he stated
           
       20  everything exactly as I had learned that it had
           
       21  occurred, but with the twist that he was the victim in
           
       22  the entire accident, and everybody else should get
           
       23  arrested for fighting him.
           
       24         Q      Did he admit striking Ms. Williams,
           
       25  striking Ms. Santiago, and biting Ms. Santiago?
           



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        1         A      I know he did to the biting, but I can't
           
        2  say for sure to the striking.
           
        3         Q      Well, as far as we all know, and correct
           
        4  me if I'm wrong, but as far as we know, the original
           
        5  contact was originally Mr. Danago striking 
           
        6  Ms. Williams; is that accurate?
           
        7         A      Yes.
           
        8         Q      Do you recall whether or not he admitted
           
        9  to that?
           
       10         A      I do not recall him admitting to that.
           
       11         Q      You did say a minute ago that his
           
       12  statement pretty well matched the other people's
           
       13  statement, just that he felt he was the victim; is that
           
       14  accurate?  
           
       15         A      Yes.
           
       16         Q      Did he give any explanation as to why he
           
       17  might have struck anyone?
           
       18         A      His version is that the only blows that
           
       19  were thrown were in self-defense.
           
       20         Q      And is it your testimony, then, as you
           
       21  sit here today you don't recall whether or not the
           
       22  alleged striking of Ms. Williams across the table was
           
       23  mentioned by Mr. Danago?
           
       24         A      I couldn't say yes or no.
           
       25         Q      Did you ask him to provide you with a
           



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        1  statement?
           
        2         A      I do believe I did, but he was acting
           
        3  paranoid, shall I say?  I'm not a psychiatrist, 
           
        4  but. . .
           
        5         Q      There was more?
           
        6         A      No.  That's -- he just -- very paranoid.
           
        7         Q      All right.  Did you attempt to tape
           
        8  record his statement?
           
        9         A      No, I did not.
           
       10         Q      I assume you didn't attempt to videotape
           
       11  a statement, then, either?
           
       12         A      No.
           
       13         Q      Actually you never even read him Miranda
           
       14  rights, did you?
           
       15         A      Yes, I did Mirandize him.  
           
       16         Q      You did?  I'm looking at your 92301,
           
       17  which has the box that's not checked off as Miranda
           
       18  having been read.  
           
       19         A      That is a glitch in our computer system.
           
       20  Let's see here.
           
       21                Here it is,  I Mirandized Danago and he
           
       22  advised me that the day care staff were the ones who
           
       23  battered him.
           
       24         Q      And let me ask you, do you specifically
           
       25  recall reading him Miranda?
           



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        1         A      Yes, I do.
           
        2         Q      Do you recall where that was or when that
           
        3  would have been?
           
        4         A      It was in the police department, because
           
        5  I did not physically arrest him at Seminor. com. 
           
        6  That's in the south end.  The south end officers went
           
        7  there.  They held him, I came down and picked him up
           
        8  and escorted him to Melbourne Police Department.  Once
           
        9  I got him into the Melbourne Police Department into our
           
       10  booking that's when I Mirandized him.
           
       11         Q      Safe to say none of that would have been
           
       12  audiotaped or videotaped?
           
       13         A      It would have been in our booking tape,
           
       14  but it was not for any investigative purposes.
           
       15         Q      And I assume that's normal practice,
           
       16  procedure, for the Melbourne Police Department?
           
       17         A      Yes, it is.
           
       18         Q      Did you look at him as far as any
           
       19  injuries; did you observe him in any way in that
           
       20  regard?
           
       21         A      I don't recall seeing any injuries.  Let
           
       22  me read through here.  
           
       23                (Whereupon, an off-the-record discussion
           
       24         was had.)  
           
       25                MR. PARKER:   I'm sorry, where were we,
           



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        1         Officer?
           
        2                THE WITNESS:  Asking any injuries on
           
        3         Danago, and I did not recall seeing any injuries
           
        4         on Danago.
           
        5  BY MR. ALBERT:  
           
        6         Q      Did he mention seeing any injuries?
           
        7         A      I do not recall.
           
        8         Q      Did you check him for injuries?
           
        9         A      Just visual.  Had he had some, I would
           
       10  have probably remembered some.
           
       11         Q      Do you recall what he was wearing?
           
       12         A      No.
           
       13         Q      Would you recall whether he was wearing
           
       14  long sleeves, or a jacket, or anything that might have
           
       15  covered his arms?
           
       16         A      I do not recall that.  
           
       17         Q      Did he state to you that he had any
           
       18  injuries?
           
       19         A      I can't say for sure if he did or not.
           
       20         Q      You do indicate in your statement that he
           
       21  says that they battered him?
           
       22         A      Yes, sir.
           
       23         Q      Did he expand on that at all?
           
       24         A      And the fact that they were tugging,
           
       25  getting Stephin away from him, trying to keep him from
           



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        1  getting into the car, trying to get his keys away from
           
        2  him.  That was the -- as he put it, when, I recall now,
           
        3  with the driver's license, because they had his
           
        4  driver's license, they weren't going to give him back
           
        5  his driver's license, and that's why he came after,
           
        6  only to get his driver's license back from her.  And it
           
        7  was not -- that's all I remember about that.
           
        8         Q      But then I take it he didn't specifically
           
        9  mention any injuries from his battery?  
           
       10         A      No, not that I recall.
           
       11         Q      And did you at any time question Ms.
           
       12  Williams about the driver's license issue?  
           
       13         A      No, don't recall that I did.
           
       14         Q      What other officer arrived at the day
           
       15  care?
           
       16         A      I believe one of my supervisors did.
           
       17         Q      Do you recall which one that was?
           
       18         A      Sergeant Ison (phonetic) would be my
           
       19  guess.  But I can't swear to that.
           
       20         Q      All right.  Sergeant Ison, you believe? 
           
       21         A      Uh-huh.  (Indicating affirmatively) 
           
       22         Q      Any other officers?
           
       23         A      No.  Once we got there and realized he
           
       24  was no longer there, we sent officers to --
           
       25         Q      "He" being Mr. Danago?  
           



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        1         A      Yes.  We sent officers to look for him,
           
        2  but I was the only one that stayed at the scene.  Jack
           
        3  Kline, our evidence technician, came to the scene.
           
        4         Q      All right.  He actually wouldn't be
           
        5  considered an officer, would he?
           
        6         A      He is an officer, yes.
           
        7         Q      Okay.  Any other officers?
           
        8         A      Not that I recall.
           
        9         Q      All right.  What did Officer Kline do; do
           
       10  you know?
           
       11         A      He took photographs of the -- of Santiago
           
       12  and Williams.
           
       13         Q      There at the scene?
           
       14         A      Yes.
           
       15         Q      Anything else?
           
       16         A      Can't recall what else he took photos of.
           
       17         Q      Okay.  Did you ever check to see whether
           
       18  or not he actually had the eye drops with him?
           
       19         A      No, I did not.  That was after the fact.
           
       20  Wouldn't have made much difference.
           
       21         Q      What do you mean it was "after the fact"?
           
       22         A      Well, he was already gone from the scene,
           
       23  and he was actually arrested hours after the initial
           
       24  incident.
           
       25         Q      Did you ever investigate whether or not
           



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        1  there had been any prior injuries to Stephin while at
           
        2  the day care?
           
        3         A      When we came back with the D.C.F. 
           
        4  investigation, that's where incidents had come out that
           
        5  I believe one was a leaf eating incident.  
           
        6                MR. PARKER:  I'm sorry, leaf eating?  
           
        7                THE WITNESS:  Leaf eating.  Some of the
           
        8         older kids were trying to get him to do stuff,
           
        9         as older kids do.
           
       10  BY MR. ALBERT:  
           
       11         Q      I was looking at one of your reports,
           
       12  it's marked "Page 2 of 3", seems to describe some of
           
       13  these incidents, if that helps you out?
           
       14         A      Yes, okay.  That was the one from
           
       15  Children's Country Club.  This is where it goes. 
           
       16  That's where I found out that there had been no
           
       17  incident report done on Stephin's lip, because Santiago
           
       18  went home with her injuries prior to doing an incident
           
       19  report.  
           
       20                Okay.  One of the children had offered
           
       21  Stephin a million dollars to eat a leaf.
           
       22         Q      I don't suppose he collected, did he?
           
       23         A      No.  He didn't eat it.  He tasted it and
           
       24  spit it out; didn't like it.  And someone offered him
           
       25  to eat a Band Aid.
           



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        1         Q      I believe your report indicates there
           
        2  were documentation for those incidents?
           
        3         A      Yes, there was.  There were incident
           
        4  reports for each one of those.
           
        5         Q      All right.  I'm not sure whether or not
           
        6  those would be considered injuries.  Was there any
           
        7  evidence of whether there were injuries to Stephin
           
        8  prior to this incident?
           
        9         A      No.  The only injury that he did have was
           
       10  the lip.
           
       11         Q      So the other incidents apparently were
           
       12  revolving around the leaf and the Band Aid?
           
       13         A      Yes.
           
       14         Q      Did you ever do any investigation as to
           
       15  the bite suffered by Ms. Santiago?
           
       16         A      As far as?  
           
       17         Q      Did you question Mr. Danago about it, did
           
       18  you attempt to match up the marks to his dental plate,
           
       19  did you --
           
       20         A      No.  There was -- I don't believe there
           
       21  is a need for that.  I mean, when you have witnesses
           
       22  that say you bit her and she's got a bite mark, that's
           
       23  not a lot of wasted money --
           
       24         Q      Did other people indicate that he had
           
       25  bitten her, or was it just Ms. Santiago?  
           



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        1         A      I know Ms. Santiago did.  I don't
           
        2  specifically recall if anybody else had specifically
           
        3  said if he had bitten her or not.
           
        4         Q      All right.  And I believe it was your
           
        5  testimony that you didn't actually take any pictures
           
        6  yourself, correct?
           
        7         A      No, I did not.
           
        8         Q      Jack Kline took the pictures that day at
           
        9  the scene.  Did he also take the pictures the next day;
           
       10  do you recall?
           
       11         A      Yes.  He's the one who got me on the
           
       12  radio later to tell me how the injuries looked now,
           
       13  after the woman had been to the doctor's.
           
       14         Q      And other than taking the statements and
           
       15  your conversations with Mr. Danago, did you actually
           
       16  collect any evidence?
           
       17         A      No.  There was no physical evidence to
           
       18  collect.
           
       19         Q      All right.  You did actually at some
           
       20  point go in the office where the altercation began; is
           
       21  that correct?
           
       22         A      Yes.
           
       23         Q      Did you notice anything unusual, out of
           
       24  place in the office?
           
       25         A      I don't recall.  I do believe photographs
           



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        1  would have been taken of that.  I know that 
           
        2  Ms. William's glasses were missing at the time, but to
           
        3  be absolutely specific as to what's upturned and what's
           
        4  not, I couldn't tell you.
           
        5         Q      You did, in fact, go into that office,
           
        6  though, correct?
           
        7         A      Yes, that was the first office that we
           
        8  went to, to make an entry.
           
        9         Q      Would it be fair to say if you had
           
       10  noticed anything unusual you would have noted it in
           
       11  your reports?
           
       12         A      Not necessarily.
           
       13         Q      What would be a determining factor as to
           
       14  what you would or would not note in your report?  
           
       15         A      The significance of what was there.  The
           
       16  office was full of a lot of people at that time, and I
           
       17  did not observe anything glaring.  There was no blood
           
       18  splattered on the wall.
           
       19         Q      So had there been something glaring or
           
       20  significantly out of place, you would have noted that?
           
       21         A      Yes, that would have made a difference.
           
       22         Q      But, as you sit here today, you don't
           
       23  have any specific recollection as to anything being out
           
       24  of place?
           
       25         A      Right.
           



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        1         Q      And it is fair to say you didn't note
           
        2  that in your reports, correct?
           
        3         A      Yes.
           
        4                MR. ALBERT:  I don't have any further
           
        5         questions.
           
        6                     CROSS-EXAMINATION
           
        7  BY MR. PARKER:  
           
        8         Q      Officer, do you recall who it was that
           
        9  was actually dispatched to Ms. Cooks' place of
           
       10  employment in an attempt to find the Defendant?
           
       11         A      I could not tell you which officer.  I
           
       12  know our Dispatch would be able to say which one was
           
       13  dispatched, but that's all a matter of computer history.
           
       14         Q      Did you actually have conversations with
           
       15  any law enforcement officer that was -- participated in
           
       16  taking Mr. Danago into custody before you saw him?
           
       17         A      I contacted them on the phone -- on the
           
       18  radio.  The call came in to a south-end unit that --
           
       19  this actually came to me, if I recall now, from the
           
       20  radio.  They told me that he was at his place of
           
       21  employment while we were at the north end of the city.
           
       22  I got on the radio and asked for a south-end unit to go
           
       23  by Seminor.com, take him into custody, and I would be
           
       24  there to pick him up.  And that's how that occurred.
           
       25         Q      So you actually requested he be taken
           



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        1  into custody; arrested, if you will?
           
        2         A      Yes, sir.
           
        3         Q      And when you received his person, was he,
           
        4  in fact, handcuffed and in custody?
           
        5         A      Yes, he was.
           
        6         Q      Did you speak with the officer that
           
        7  transported him to your location?
           
        8         A      I came there.
           
        9         Q      And did that officer disclose to you any
           
       10  conversations that he might have had with Mr. Danago?
           
       11         A      Not that I recall.
           
       12         Q      Did Mr. Danago say anything in your
           
       13  presence without being provoked by question?
           
       14         A      Not that he -- as far as I recall, he
           
       15  asked what this was about.
           
       16         Q      Did you respond?
           
       17         A      And I couldn't tell you off the top of my
           
       18  head if I did or if I didn't.
           
       19         Q      Do you recall whether or not there was
           
       20  any conversation that took place there prior to you
           
       21  getting him into your vehicle?
           
       22         A      It was very quick (witness shakes head).
           
       23  I got there, swapped out handcuffs, put him in my car,
           
       24  and went to the police station.
           
       25         Q      And during the course of swapping out
           



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        1  handcuffs, if he had or complained of a broken hand, is
           
        2  that something you think you may have recalled?
           
        3         A      I would have recalled that, yes.
           
        4         Q      Did you see any injury that indicated
           
        5  abrasions, contusions, open wounds of anything that
           
        6  might have caught your attention?
           
        7         A      Off the top of my head, I can't say for
           
        8  sure.
           
        9         Q      How long did it take you to transport him
           
       10  back to the police department?
           
       11         A      Five minutes.
           
       12         Q      Was there any conversation in your patrol
           
       13  vehicle?
           
       14         A      No.  I've got the screen up in the back,
           
       15  and it's too hard to talk to anyone through that.
           
       16         Q      Was anyone with you during the transport?
           
       17         A      No.
           
       18         Q      So you get back to the Melbourne Police
           
       19  Department.  You then remove him from the vehicle?
           
       20         A      Yes, sir.
           
       21         Q      And during the course of your walk from
           
       22  the car into the police department, is there any
           
       23  conversation?
           
       24         A      Nothing of any significance.
           
       25         Q      Anything during that walk that leads you
           



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        1  to conclude or now that refreshes your recollection
           
        2  about injuries - was he limping, did he complain of
           
        3  anything?
           
        4         A      I do not recall him limping.
           
        5         Q      You get inside, you set him down?
           
        6         A      Got him inside, took the handcuffs off
           
        7  him, and then asked him to have a seat after he empties
           
        8  his pockets out.
           
        9         Q      Does he empty his pockets?
           
       10         A      Yes, sir.
           
       11         Q      Anything unusual about the contents of
           
       12  his pockets?
           
       13         A      No, sir, not that I recall.
           
       14         Q      Are there any other officers there going
           
       15  to assist you during the booking process?
           
       16         A      No, sir.
           
       17         Q      Now, at what point during this process do
           
       18  you explain his Miranda warnings to him?
           
       19         A      As soon as I get him in, I uncuff him,
           
       20  have him empty everything out, log them in our book,
           
       21  and at that point that's when I Mirandized him.
           
       22         Q      And how did you do that?  Did you do that
           
       23  from your recollection of those rights, or did you --
           
       24         A      No.  I read it off of the card that we
           
       25  have.
           



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        1         Q      Do you have that card on you?
           
        2         A      Yes, sir, I do.
           
        3         Q      Did you use the card that you have on
           
        4  you?
           
        5         A      If I didn't use the card, I use my
           
        6  notebook which also has it in it.
           
        7         Q      And the notebook that you have, does it
           
        8  have this exact card?
           
        9         A      It has the -- it's not a card.  It's the
           
       10  back flap of it, which naturally, I didn't bring --
           
       11  yes, I do have it on me.
           
       12         Q      And is the warning, as best you recall,
           
       13  the same on your card as it is the back flap of the
           
       14  note?
           
       15         A      Yes.
           
       16         Q      And can you describe to us, please, how
           
       17  you advised him of his rights?
           
       18         A      I just read it verbatim, right off of it.
           
       19         Q      Did you read all of his rights and then
           
       20  ask him if he understood, or did you stop after each
           
       21  one of the specified rights and ask him if he
           
       22  understood?
           
       23         A      I read each one of them, and then at the
           
       24  end I asked him if he understood.
           
       25         Q      Is there a written preamble that you have
           



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        1  him sign where he acknowledges that they were read and
           
        2  he understands them?
           
        3         A      I did not have him sign one, no.
           
        4         Q      Did he appear to be under the influence
           
        5  of alcohol or any narcotics or drugs?
           
        6         A      No, sir.  
           
        7         Q      And I'm going to ask that based on your
           
        8  experience as a police officer and a medic --
           
        9         A      Based on my experience, number one, there
           
       10  was no smell of an alcoholic beverage, and, number two,
           
       11  he did not appear to be under the influence of
           
       12  narcotics.
           
       13         Q      And, number three, you knew he had been
           
       14  taken from his employment?
           
       15         A      Yes, sir.
           
       16         Q      Did he do anything to indicate to you
           
       17  that he did not understand what you were advising him
           
       18  of?
           
       19         A      No, sir.
           
       20         Q      Did he ask you any questions about those;
           
       21  did he ever say, "Wait a minute, I don't understand
           
       22  that"?
           
       23         A      Not that I recall.
           
       24         Q      Was there anything about your
           
       25  conversations with him that led you to believe or
           



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        1  suspect that he didn't understand English?
           
        2         A      No, sir, not at all.
           
        3         Q      Did you threaten him to get him to talk
           
        4  to you?
           
        5         A      Absolutely not.
           
        6         Q      Promise him anything?
           
        7         A      No, sir.
           
        8         Q      Did you pull your gun out and lay it on
           
        9  the table -- 
           
       10         A      We don't even bring our weapons into
           
       11  booking.
           
       12         Q      Anything occur during that process that
           
       13  indicated to you that he might be telling you this out
           
       14  of fear for his life or promises that were made?
           
       15         A      No, sir.  None, whatsoever.
           
       16         Q      And when he talked with you, and it's
           
       17  important because it wasn't recorded, as I understand
           
       18  it, on an electronic device?
           
       19         A      Yes, sir.
           
       20         Q      Were you taking notes at the time he was
           
       21  talking with you?
           
       22         A      No, sir, I was not.
           
       23         Q      When was it that you actually recorded or
           
       24  memorialized your recollection of that conversation in
           
       25  your report?
           



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        1         A      While I was doing paperwork I would ask
           
        2  him questions.  We were having a conversation,
           
        3  basically.  And, to be perfectly honest, I didn't care
           
        4  if he gave me a statement or not.  Okay?  I was not
           
        5  there for that purpose.  
           
        6                As I'm talking to him, as I'm doing
           
        7  paperwork, it was more of a, "What happened, Stephan,"
           
        8  you know.  I mainly read him his Miranda rights ahead
           
        9  of time so that there would be nothing misconstrued,
           
       10  but I was not interrogating him in any way, shape, or
           
       11  form.
           
       12         Q      More of a kind of conversational --
           
       13         A      Yes, sir.  And if he had said, "I don't
           
       14  want to talk to you," that's fine.  I did not care if
           
       15  he talked to me or not.
           
       16         Q      Was anyone else present during this
           
       17  process?  
           
       18         A      Not that I recall.  I don't believe
           
       19  anyone else was in booking at that time.
           
       20         Q      I've looked at your report and it
           
       21  indicates that he says "Everything that I did was as a
           
       22  result of their attacking me," or words to that effect;
           
       23  is that a fair statement?
           
       24         A      Yes.
           
       25         Q      Did he ever tell you or do you recall the
           



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        1  words, "I hit them"?
           
        2         A      I do not recall the words.
           
        3         Q      Did he ever say to you that -- how he was
           
        4  attacked, specifically?
           
        5         A      No, not that I can recall.
           
        6         Q      Did he ever describe to you that it was
           
        7  women who were attacking him?
           
        8         A      Yes, he did mention that it was women and
           
        9  the men at the car trying to get into his car, and he
           
       10  was very upset about that.  I mean, it was. . .
           
       11         Q       Drawing your attention to the females,
           
       12  his contact with the females, did he describe in any
           
       13  detail his physical contacts with them prior to getting
           
       14  to the car?
           
       15         A      I can't say any specifics, other than --
           
       16  there was the altercation.
           
       17         Q      Now, you offered kind of an opinion about
           
       18  you thought it was kind of -- and I forget what your
           
       19  word was, odd or bizarre, that Ms. Santiago would allow
           
       20  him to put these eye drops in his eye.  Do you know
           
       21  whether or not at any point in time she was in a
           
       22  position to stop him from doing that?
           
       23         A      From the sounds of it, doesn't sound like
           
       24  she was close enough.  And the day care center is an
           
       25  open day care.  It's got several buildings that adjoin,
           



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        1  and it's got a chain link fence around it.  And I just
           
        2  thought that was kind of bizarre that he was able to
           
        3  put the eye drops into the child's eye prior to any
           
        4  identification.  But that didn't seem to upset 
           
        5  Ms. Santiago until she found out he wasn't on the sheet
           
        6  to pick up Stephin.
           
        7         Q      Did she describe to you her view of the
           
        8  interaction between the Defendant and the boy, and I'm
           
        9  asking you that in terms of whether or not that,
           
       10  watching them interact, might have alleviated her 
           
       11  fears --
           
       12         A      There was a recognition.  It was obvious
           
       13  that Stephin recognized Stephan.
           
       14         Q      Did she indicate to you that the child
           
       15  seemed afraid of the Defendant?
           
       16         A      Absolutely not.
           
       17         Q      Anything unusual -- anything other than
           
       18  typical father/son relationship going on there, child
           
       19  didn't cry, run, anything?
           
       20         A      No.
           
       21         Q      How big is Mr. Danago?
           
       22         A      He is a small man.  I'd have to look on
           
       23  the arrest report, but I don't think he's much over
           
       24  5'7".  I was going to say not much over 5'8".  5'7" and
           
       25  165 pounds.
           



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        1         Q      In your subsequent contact with the day
           
        2  care worker, the following day with Ms. Cooks --
           
        3                MR. ALBERT:  I'm sorry, hold on a second.
           
        4         Ms. Cooks isn't the day care worker, she's the
           
        5         mother.
           
        6                MR. PARKER:  I apologize.  
           
        7  BY MR. PARKER:  
           
        8         Q      Ms. Cooks is the mother?
           
        9         A      Yes.
           
       10         Q      It is your recollection that she and
           
       11  Camilla, and certainly your words will be that of the
           
       12  record, but paraphrasing suggested that there was some
           
       13  sort of problem in the residence because of his
           
       14  controlling -- 
           
       15         A      Yes.
           
       16         Q      -- nature?
           
       17         A      Yes.
           
       18         Q      And did you testify at the pendency
           
       19  hearing?
           
       20         A      Yes, sir.
           
       21         Q      Were you present when Ms. Cooks
           
       22  testified?
           
       23         A      I was not.  We were not allowed in.
           
       24         Q      Rule of sequestration?
           
       25         A      Yes.
           



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        1         Q      And without asking you specifically what
           
        2  you testified to, is there anything different from your
           
        3  recollection of the events at that time than there is
           
        4  now?
           
        5         A      No.
           
        6         Q      Okay.  Did you ever just -- you had
           
        7  already talked with Ms. Santiago, she had told you and
           
        8  Ms. Williams had said, "Look, I went to call."  Did
           
        9  they tell you they went to call Ms. Cooks, they were
           
       10  going to call and check and see if it was okay?
           
       11         A      I can't say specifically if they had
           
       12  actually stated that prior to him coming over.
           
       13         Q      Okay.  
           
       14         A      I couldn't recall.
           
       15         Q      Did he ever give you any idea what it was
           
       16  that provoked him, what it was -- the catalyst, what
           
       17  started it?
           
       18         A      What he said was the fact that the prior
           
       19  incidents with the Band Aid, the leaf, and when he came
           
       20  today to put eye drops in Stephin's eye and saw that he
           
       21  had a busted lip, he just lost it.  In fact, he
           
       22  specifically, I do have this written down where he said
           
       23  that it would be negligent on his part to have left the
           
       24  child in the day care center.  And those were his
           
       25  words.
           



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        1         Q      Did he tell you when it was he noticed
           
        2  the lip?
           
        3         A      When he was putting the eye drops in.
           
        4         Q      And would it be -- as you sit here, do
           
        5  you know from the time that he put the eye drops in, do
           
        6  you know what transpired in terms of where Mr. Danago
           
        7  went with the child, who he talked to, anything in
           
        8  terms of the people in the administration building?
           
        9         A      The only thing I know is that 
           
       10  Ms. Santiago went up to him.  At that time he
           
       11  identified who he was.
           
       12         Q      Uh-huh.  (Indicating affirmatively) 
           
       13         A      They walked to the office together, with
           
       14  Stephin, and that's when they pulled out the file to
           
       15  sign Stephin out to him.  And that's when they noticed
           
       16  he's not on the list.
           
       17         Q      And did he tell you when it was during
           
       18  this process that he felt like he was taking that
           
       19  child, no matter what?
           
       20         A      I could not specifically say.  Well, when
           
       21  he saw his broken lip he said he was going to take him
           
       22  out of there.
           
       23         Q      But that was when he was putting the eye
           
       24  drops in?
           
       25         A      That was when he was putting the eye
           



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        1  drops in.  And he was going to take him out of the day
           
        2  care center right then and there.  And, as far as I
           
        3  know, everything was normal and he was just going to
           
        4  sign his son out, until he found out the big shock that
           
        5  he's not on the sign-out sheet.
           
        6         Q      Okay.  
           
        7         A      And I think that he had already had his
           
        8  mind made up that, "My son is leaving, because it's
           
        9  negligence if I leave him here."
           
       10         Q      Did he tell you whether or not 
           
       11  Ms. Williams was making an attempt to call the mother
           
       12  of the child?
           
       13         A      I can't recall for sure if he did or not.
           
       14                MR. PARKER:  That's all I have.  
           
       15                MR. ALBERT:  Just a couple follow-up
           
       16         questions.
           
       17                   REDIRECT EXAMINATION
           
       18  BY MR. ALBERT:  
           
       19         Q      What officer is it that actually effected
           
       20  the arrest of Mr. Danago?
           
       21         A      I couldn't honestly tell you.  It was an
           
       22  evening shift officer, because we had already been
           
       23  switching shifts at the time he came to work.
           
       24         Q      So all you know at this point in time is
           
       25  it was an officer on the evening shift?
           



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        1         A      I believe it was on the evening shift and
           
        2  it was a south-end officer.  And basically all they did
           
        3  was took him into custody until I got there.
           
        4         Q      Would you be able to narrow it down at
           
        5  all, or just what you have already said?
           
        6         A      Through Dispatch they could probably
           
        7  narrow it down as to which officer responded there.
           
        8         Q      All right.  In reference to Ms. Santiago,
           
        9  did your investigation determine how it was that her
           
       10  arm got broken?
           
       11         A      He had thrown her on the ground and
           
       12  kicked her.
           
       13         Q      I thought that was Ms. Williams ended up
           
       14  on the ground?
           
       15         A      Both of them ended up on the ground. 
           
       16                It was one of the statements, "I saw
           
       17  Danago hit Ms. Williams and grab her and throw her on
           
       18  to the ground."
           
       19         Q      That's Ms. Williams?
           
       20         A      No.  That's Maria, Ms. Maria.  That is
           
       21  Santiago.
           
       22         Q      Okay.  Not Ms. Williams.  Okay.  
           
       23  Ms. Maria Santiago?
           
       24         A      Yes.  He threw her down, hit her with her
           
       25  fist, and kicked her.
           



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        1         Q      Do you know what it was that led to the
           
        2  broken arm, specifically?
           
        3         A      I couldn't tell you specifically.  My
           
        4  guess is the kick.
           
        5         Q      And all that I believe took place
           
        6  outside; is that accurate, outside of the office?
           
        7         A      To be honest with you, I couldn't say yes
           
        8  or no.  I think it's kind of inbetween.  I do know that
           
        9  she fell on the ground outside, outside of the office.
           
       10         Q      All right.  Based on your investigation,
           
       11  do you know of any aggressive acts that occurred on the
           
       12  part of Mr. Danago subsequent to him allegedly striking
           
       13  Ms. Williams inside of the office?
           
       14         A      No.
           
       15         Q      Would it be fair to say that everything
           
       16  that occurred after that was to some extent brought
           
       17  about by the actions of the five employees?  
           
       18                MR. PARKER:  I object; calls for a
           
       19         conclusion beyond the scope of this witness's
           
       20         knowledge.  He wasn't present.  
           
       21                MR. ALBERT:  You are shaking your head. 
           
       22         You don't know, or would the answer be no, or
           
       23         what are you saying?         
           
       24                MR. PARKER:  If you know the answer to
           
       25         that question, you can certainly answer it.  
           



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        1                THE WITNESS:  I couldn't tell.
           
        2  BY MR. ALBERT:  
           
        3         Q      Okay.  Well, did your investigation
           
        4  determine whether there were any other aggressive acts
           
        5  outside of the office?
           
        6         A      Aggressive acts in the parking lot?
           
        7         Q      On the part of Mr. Danago.  
           
        8         A      Yes, there were.
           
        9         Q      And what would that be?
           
       10         A      That was getting the child into the car
           
       11  and fighting -- well, okay, I guess it wouldn't be
           
       12  aggressive on his -- I guess it would be more
           
       13  defensive, because at that time they were trying to
           
       14  stop him from leaving the parking lot.  
           
       15                MR. PARKER:  Just, again, let me object,
           
       16         because the question calls for a legal
           
       17         conclusion about whether his action was
           
       18         aggressive.  And if he is the provocateur of
           
       19         this, then he can't claim defense when they
           
       20         try to keep the child.  So I'm going to object
           
       21         to the legal conclusion, and I mean no
           
       22         disrespect, but if you feel comfortable
           
       23         answering that question, and you know the answer
           
       24         to that question, you go right ahead.
           
       25  BY MR. ALBERT:  
           



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        1         Q      Let me ask a different way.  Would you
           
        2  agree that at that point in time there was outside
           
        3  Mr. Danago, his child Stephin, accurate so far?
           
        4         A      Uh-huh.  (Indicating affirmatively) 
           
        5         Q      And let's see, Ms. Santiago, 
           
        6  Ms. Williams, Mr. Schmid, Mr. DeLeon and Mr. Dutt?
           
        7         A      I don't know if Mr. Williams was outside
           
        8  or not.
           
        9         Q      But at least four employees of the day
           
       10  care were outside at that time?
           
       11         A      That I recall, yes.
           
       12         Q      Would it be fair to say based on your
           
       13  investigation that it appeared they were actually
           
       14  trying to prevent him from leaving at that point in
           
       15  time?
           
       16         A      They were trying to prevent Stephin from
           
       17  leaving at that time.  
           
       18         Q      Did your investigation also determine
           
       19  that at least Mr. Schmid, Mr. DeLeon and Mr. Dutt were,
           
       20  in fact, detaining Mr. Danago in trying to pull him out
           
       21  of his own vehicle?
           
       22         A      They were trying to get Stephin out of
           
       23  the vehicle so that Stephin could not take off with
           
       24  him.
           
       25         Q      Didn't someone actually tell you they
           



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        1  were holding Mr. Danago by the legs and trying to pull
           
        2  him back out of the vehicle?
           
        3         A      Because he was trying to hold onto
           
        4  Stephin and keep him inside the vehicle.
           
        5         Q      But they did say they were holding him by
           
        6  the leg; is that accurate?
           
        7         A      I believe at one point someone did make
           
        8  that comment.
           
        9         Q      And when you did observe Mr. Danago that
           
       10  day, did you check his hands or knuckles for any
           
       11  injuries?
           
       12         A      I don't recall if I did or not.  
           
       13         Q      Did you observe any injuries to his hands
           
       14  or knuckles?
           
       15         A      I don't recall.
           
       16         Q      Would it be fair to say if there had been
           
       17  something unusual you would have likely noticed it?
           
       18         A      It probably would have stuck out in my
           
       19  mind.
           
       20         Q      And I take it that nothing sticks out in
           
       21  your mind?
           
       22         A      No, sir.
           
       23                MR. ALBERT:  I don't have anything else.
           
       24                MR. PARKER:  That's it.  Read or waive? 
           
       25                THE WITNESS:  I will waive.  
           



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        1                (Whereupon, the taking of the deposition
           
        2         was concluded at 3:50 p.m., and the reading and
           
        3         signing of said deposition were waived.)
           
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       25  
           



                   RENAISSANCE REPORTING, INC. - (321) 752-5567

 
                                                                 


        1               REPORTER'S DEPOSITION CERTIFICATE
           
        2  
           STATE OF FLORIDA   }
        3  COUNTY OF BREVARD  }
           
        4                I, Katharyn C. Stephan, Court Reporter,
           
        5  certify that I was authorized to and did
           
        6  stenographically report the foregoing deposition; and
           
        7  that the transcript is a true and complete record of my
           
        8  stenographic notes of the testimony given by the
           
        9  witness.
           
       10                I further certify that I am not a
           
       11  relative, employee, attorney, or counsel of any of the
           
       12  parties, nor am I a relative or employee of any of the
           
       13  parties' attorney or counsel connected with the action,
           
       14  nor am I financially interested in the action.  
           
       15                Dated this 19th day of August, 2002.  
           
       16  
           
       17                                                        
                                  Katharyn C. Stephan
       18                         Notary Public - State of Florida
                                  My Commission No.:  AA721117   
       19                         Expires:  11-2-2005
           
       20  
           
       21  
           
       22  
           
       23  
           
       24  
           
       25  
           



                   RENAISSANCE REPORTING, INC. - (321) 752-5567

 
                                                                 


        1                    CERTIFICATE OF OATH
           
        2  
           STATE OF FLORIDA   }
        3  
           COUNTY OF BREVARD  }
        4  
           
        5           I, Katharyn Stephan, Court Reporter,
           
        6                the undersigned authority,
           
        7                    hereby certify that
           
        8                  OFFICER JAMES SARGEANT
           
        9               personally appeared before me
           
       10                    and was duly sworn.
           
       11  
                      WITNESS MY HAND AND OFFICIAL SEAL
       12  
                       this 19th day of August, 2002,
       13  
                                in Melbourne,
       14  
                          Brevard County, Florida.
       15  
           
       16                          
                                                       
       17            Katharyn C. Stephan, Court Reporter
                      Notary Public - State of Florida
       18               My Commission No.:  AA721117             
                             Expires:  11-2-2005
       19  
           
       20  
           
       21  
           
       22  
           
       23  
           
       24  
           
       25  
           



                   RENAISSANCE REPORTING, INC. - (321) 752-5567