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:     LUIS DELEON 

                  DATE TAKEN:        May 14, 2002

           
                  TIMES:             3:55 - 4:30 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                   32
           
        5  REDIRECT EXAMINATION BY MR. ALBERT                37
           
        6  CERTIFICATE OF REPORTER                           39  
           
        7  CERTIFICATE OF OATH                               40
           
        8  ERRATA                                            41
           
        9  
           
       10  
           
       11  
           
       12                      E X H I B I T S
           
       13  PLAINTIFF'S EXHIBITS
           
       14  NO.         DESCRIPTION
           
       15   
           
       16                    * * * N O N E * * *
           
       17  
           
       18  DEFENDANT'S EXHIBITS
           
       19  NO.         DESCRIPTION
           
       20  
           
       21                    * * * N O N E * * *
           
       22  
           
       23  
           
       24  
           
       25  
           



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        1  WHEREUPON,
           
        2                       LUIS DELEON,
           
        3         acknowledged having been first duly sworn and
           
        4         testified upon his oath as follows:
           
        5                      DIRECT EXAMINATION
           
        6  BY MR. ALBERT:                
           
        7         Q      I want you to state and spell your name,
           
        8  please?
           
        9         A      My name is Luis DeLeon, Junior, L-U-I-S,
           
       10  capital D, small E, capital L-E-O-N, Jr.
           
       11         Q      And what is your Social Security number,
           
       12  Mr. DeLeon?  
           
       13         A      584-85-4543.  
           
       14         Q      Have you ever been convicted of a crime?
           
       15         A      No.
           
       16         Q      Have you ever been arrested for a crime?
           
       17         A      No.
           
       18         Q      How long have you lived in Florida?
           
       19         A      Three-and-a-half years?  
           
       20         Q      All in Brevard?
           
       21         A      Yes.
           
       22         Q      And how long have you been an employee of
           
       23  the day care?
           
       24         A      I worked there last year for about five
           
       25  months, and then I just started back recently, about
           



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        1  two weeks ago, two-and-a-half weeks ago, three weeks.
           
        2         Q      I'm sorry, you said you were employed
           
        3  last year for how long?
           
        4         A      For about five months.  Same time this
           
        5  year, last year.
           
        6         Q      Why was it you left?
           
        7         A      There was a lot of drama going on there.
           
        8  Not enough pay.
           
        9         Q      You said "drama"; was there something
           
       10  else besides the pay situation?
           
       11         A      No.  Just the pay and not enough help.
           
       12         Q      Why did you decide to go back, 
           
       13  Mr. DeLeon?
           
       14         A      New owners, and they are changing a lot
           
       15  of things, and they are paying me more.
           
       16         Q      So it's a better situation -- 
           
       17         A      Bottom line.
           
       18         Q      Did you work there, though, July 30th of
           
       19  last year?
           
       20         A      Yes.
           
       21         Q      I'm not sure if Mr. Parker mentioned
           
       22  earlier, but obviously she's typing this down, so you
           
       23  have to give an audible response, not just nodding your
           
       24  head, and try to avoid "uh-huh" or "hu-huh", say "yes"
           
       25  or "no", and of course if the answer needs more than a
           



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        1  "yes" or "no", then please provide that.  
           
        2                All right.  Can you tell me what took
           
        3  place on that date?
           
        4         A      Exactly what happened was me and 
           
        5  Ms. Maria, we lined up all the kids and were headed out
           
        6  to lunch.
           
        7         Q      Excuse me for just a second.  "Ms. Maria"
           
        8  is Ms. Santiago?
           
        9         A      Yes.
           
       10         Q      Please continue.  
           
       11         A      We lined them all up for lunch, still
           
       12  inside the building, we lined them all up, she had the
           
       13  front end, I had the back, you know, one teacher, the
           
       14  beginning and the end.  
           
       15                We opened the doors and we started
           
       16  heading down the sidewalk where there is a yellow line
           
       17  we all walk on to keep them in a straight line.  And I
           
       18  looked over and there was little Stephin's dad opening
           
       19  the gate, coming in, but nobody knew who he was.  
           
       20                So the little boy Stephin ran out of line
           
       21  and went towards, you know, the gate.  And he turned
           
       22  him around and --
           
       23         Q      Let me stop you right there, Mr. DeLeon.
           
       24  A couple of questions.  You said Mr. Danago was coming
           
       25  through the gate.  At that time you didn't know who he
           



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        1  was, though; is that correct?
           
        2         A      No, nobody knew who he was.  His mother
           
        3  dropped him off, his mother picked him up.
           
        4         Q      So you are just looking back now, knowing
           
        5  it was Mr. Danago, correct?
           
        6         A      Now I know he is his dad.
           
        7         Q      And you said that Stephin left the line
           
        8  and ran towards his father?
           
        9         A      Yes.
           
       10         Q      Now, let me just ask you.  I assume
           
       11  that's like a child running normally towards his father
           
       12  - wasn't anger fears, just running, "Daddy, Daddy,"
           
       13  that type of thing?
           
       14         A      Yeah, exactly.  Ran out of line, said
           
       15  "Daddy, Daddy," you know.  And he had finished closing
           
       16  the gate, so he was inside the gate already.
           
       17         Q      Mr. Danago.
           
       18         A      Yes.  And the boy was there with him.  He
           
       19  turned him around and he tilted his head back, and he
           
       20  had drops, because I guess he had pink eye or red eye,
           
       21  you know, and he put drops in, and we just kept going
           
       22  down the line, you know, "Stephin, come here, come
           
       23  here."  
           
       24                And he goes, "Well, I'm taking Stephin."
           
       25  Mr. Danago, he goes, "I'm taking Stephin."  
           



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        1                And Ms. Maria, goes, "I need to see some
           
        2  I.D."
           
        3         Q      Let me stop you for just a second, 
           
        4  Mr. DeLeon.  Did he say why he was taking Stephin?
           
        5         A      No.
           
        6         Q      Did anybody ask?
           
        7         A      No.  She, Ms. Maria, just asked him for
           
        8  his I.D., and out there he took it out and he gave it
           
        9  to her, and she --
           
       10         Q      His driver's license?
           
       11         A      His driver's license.
           
       12         Q      I take it you are present for all of
           
       13  this, correct?
           
       14         A      Yes.
           
       15         Q      So what happens?
           
       16         A      So all three of them are all together
           
       17  near the gate.  She has the license, and she started
           
       18  walking towards the office, and Mr. Danago and the boy
           
       19  followed.  Then they went in the office, and I thought,
           
       20  okay, everything is fine.  
           
       21                So I kept going down towards, you know,
           
       22  the lunchroom with all the kids.
           
       23         Q      Let me stop you for just a second.  Do
           
       24  you go in the office with them, or now you stay with
           
       25  the kids?
           



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        1         A      I stayed with all the rest of the kids. 
           
        2                So all three walked into the office, and
           
        3  I kept going.
           
        4         Q      So you have no knowledge as to what took
           
        5  place inside the office?
           
        6         A      Inside the office, have no idea.
           
        7         Q      All right.  Do you know whether or not
           
        8  Ms. Santiago held onto Mr. Danago's driver's license?
           
        9         A      She had it in when she walked inside.  I
           
       10  do not know if she kept it, or she held it, or anything
           
       11  like that.
           
       12         Q      But your belief is that when she walked
           
       13  in the office it was in her possession?
           
       14         A      Yes, she had it.  He handed it to her,
           
       15  she had it, he followed behind her, they went in the
           
       16  office, I went to the lunchroom.  
           
       17                Then I was at the end of the sidewalk,
           
       18  and then all I hear is "Help, help, help."  And then I
           
       19  look back, our manager, Sue --
           
       20         Q      Let me stop you again.  
           
       21         A      Okay.  You continue on with the kids, and
           
       22  apparently sometime later you hear, "Help."  Can you
           
       23  tell me how much time has passed?
           
       24         A      It was about five minutes.  It was about
           
       25  five.
           



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        1         Q      All right.
           
        2         A      Not too long.
           
        3         Q      What are you doing for the five minutes?
           
        4         A      Well, they walked in, and I kept walking.
           
        5  And, you know, it's a little distance between where we
           
        6  were and the lunch room, because we have to walk all
           
        7  the way.  So when we are trying to go into the
           
        8  building and get them situated to go in and line up
           
        9  and, clean their hands, whatever, I'm still outside
           
       10  with the rest of the kids.  And they were inside.  
           
       11                And then, like, that's when I heard,
           
       12  "Help, help," and I see Ms. Sue, who is our other
           
       13  manager --
           
       14         Q      Hold on.  All right.  You said it was
           
       15  about five minutes.  What is the distance at this
           
       16  point?  How far away are you from the person that's
           
       17  saying, "Help"?
           
       18         A      I was, like, within, like, 30 to 40 feet,
           
       19  maybe.
           
       20         Q      So you are 30 to 40 feet away from the
           
       21  office that Santiago went into?
           
       22         A      From the office, yeah.  From the gate to
           
       23  the office that we are taking the kids to.  I mean, I
           
       24  could run there, it would take, like ten seconds.
           
       25         Q      Okay.  And the "Help" that you hear, I
           



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        1  take it at that point you turned around to see what's
           
        2  going on?
           
        3         A      Yes.
           
        4         Q      Had you seen anybody outside of the
           
        5  office, or are they still inside the office?
           
        6         A      I see Sue, our manager, laying down on
           
        7  the --
           
        8         Q      Who is Sue?
           
        9         A      Sue is Susan.  She is the manager there.
           
       10         Q      Do you know her last name?
           
       11         A      No, not really.  Sue Williams.  Sue
           
       12  Williams.  Sue Williams.
           
       13         Q      Does she also go by "Marilyn"; do you
           
       14  know?
           
       15         A      Yeah, Marilyn; Marilyn Sue Williams.  
           
       16         Q      But she normally goes by "Sue" at the day
           
       17  care?
           
       18         A      Yeah.
           
       19         Q      So you see Ms. Williams laying on the
           
       20  ground?
           
       21         A      Right in front, like, here's the door,
           
       22  the sidewalk, she's right where -- laying on the ground
           
       23  in a -- you know, she has a phone in her hands.
           
       24         Q      She has her phone in her hands?
           
       25         A      She has a phone in her hands, she is
           



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        1  trying to dial 911, or whatever.
           
        2         Q      I take it you did not see how she came to
           
        3  be on the ground?
           
        4         A      No.  She was on the ground, and then when
           
        5  I turned around she was already on the ground, and then
           
        6  I look and Ms. Santiago is holding onto Stephan
           
        7  Danago's shirt, and she just keeps holding on to the
           
        8  shirt and trying to grab, you know, put her arm around
           
        9  his neck and just trying to grab him from --
           
       10  restraining him.  
           
       11                And while they are on each other like
           
       12  that, Mr. Danago has the child with his arm across his
           
       13  chest, trying to hold him.
           
       14         Q      So if I understand you correctly, and let
           
       15  me know if I said anything wrong, but Mr. Danago is
           
       16  facing I assume away from the office?
           
       17         A      Away, trying to go towards his car.
           
       18         Q      And he has Stephin, his child, in front
           
       19  of him and he has his left arm wrapped around him?  
           
       20         A      Yeah.
           
       21         Q      One step at a time.  Seems to me like you
           
       22  were describing him as kind of a protective kind of a
           
       23  thing, as opposed to aggressive; is that -- 
           
       24                MR. PARKER:  I'm going object to the
           
       25         characterization.  
           



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        1  BY MR. ALBERT:  
           
        2         Q      How would you describe it, Mr. Danago?
           
        3         A      I think she was trying to stop --
           
        4         Q      I'm not talking about --
           
        5                MR. PARKER:  Let him answer the question.
           
        6         You asked him how would he describe it.
           
        7  BY MR. ALBERT:  
           
        8         Q      I will get to Ms. Santiago in a second. 
           
        9  But what I'm concerned about right now is Mr. Danago
           
       10  and his child; how would you describe how he is holding
           
       11  his child?
           
       12         A      He was just trying to get him to the car.
           
       13  Like holding him, like, so no one would take him.
           
       14         Q      Now, then, at the same time, what is 
           
       15  Ms. Santiago doing?
           
       16         A      She is grabbing his shirt and pulling his
           
       17  shirt, trying to hold him back, trying to get the
           
       18  child.
           
       19         Q      Okay.  Now, the way you are doing that,
           
       20  you are motioning, and the court reporter can't pick
           
       21  that up.  Seems like you are indicating she is behind
           
       22  Mr. Danago; is that right?
           
       23         A      She is directly behind Mr. Danago, and
           
       24  he's trying to run towards his car.  And at that 
           
       25  point --
           



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        1         Q      How far away is his car at this time?
           
        2         A      It's just about six to ten feet --
           
        3         Q      Okay.  
           
        4         A      -- from where he was standing and the car
           
        5  was.               
           
        6         Q      All right.  Ms. Williams; she's still on
           
        7  the ground?
           
        8         A      She was still on the ground.
           
        9         Q      Do you see anyone else at that time?
           
       10         A      At that time there was another counselor,
           
       11  and he ran with me.  And he came out from the inside of
           
       12  the lunchroom.
           
       13         Q      Who was that?
           
       14         A      That was Eric.  I don't think he ever,
           
       15  because he --
           
       16         Q      Dutt, D-U-T-T?
           
       17         A      I think so.  But his name is Eric.
           
       18         Q      I'm sorry, where did he come from?
           
       19         A      He came from the lunchroom, from the
           
       20  inside of the lunchroom.
           
       21         Q      All right.  And the two of you run
           
       22  together towards what is going on?
           
       23         A      Yes.  And there is this other guy.  The
           
       24  boss, I don't know what his name was.
           
       25         Q      Would it have been Frederick Schmid?
           



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        1         A      That's it.  So there was three guys.
           
        2         Q      Where did he come from?
           
        3         A      I don't know where he came out of.  I
           
        4  don't know where he came from.         
           
        5         Q      You didn't see where it was that he came
           
        6  from?  
           
        7         A      No, I didn't see.
           
        8         Q      Who arrives first?
           
        9         A      Me; I was there.
           
       10         Q      And what about Mr. Schmid and Mr. Dutt?
           
       11         A      They came afterwards when I was at the
           
       12  car, when all three of us, me, Ms. Santiago, and
           
       13  Stephan were at the car.  But going back to where she
           
       14  was trying to get his shirt?
           
       15         Q      Uh-huh.  (Indicating affirmatively) 
           
       16         A      At that point Mr. Danago goes to his son,
           
       17  "Run to the car, run to the car."  And the kid runs, he
           
       18  open the gate, and he gets into the car.
           
       19         Q      On his own?
           
       20         A      On his own.  And he shuts the door.  And
           
       21  now I've got Mr. Danago.
           
       22         Q      Hold on.  Let's take that first.  You
           
       23  made a statement to the police that day, correct?
           
       24         A      Yes.
           
       25         Q      Did you initially tell them that Stephin
           



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        1  had been put in through the window by someone?
           
        2         A      Yes, but the police officer that was
           
        3  here, he corrected all that, and I guess I told him he
           
        4  ran to the car.  Nobody put the kid through the window.
           
        5         Q      Did you tell him that day that somebody
           
        6  put him through the window?
           
        7         A      Yes.  That's from what everybody was
           
        8  saying, and everybody else was saying, but that's what
           
        9  I saw, was he told him to run to the car.  He opened
           
       10  the gate, he opened the door, and he got in himself. 
           
       11  Nobody threw him through the window.
           
       12         Q      That day when you talked to the officer,
           
       13  did you initially tell him someone put him in through
           
       14  the window, or did you tell him that Stephin got in on
           
       15  his own?
           
       16         A      No.  I wrote all that down, just because
           
       17  everything was happening so fast.  But nobody threw no
           
       18  kid through the window.
           
       19         Q      Do you recall writing a statement that
           
       20  day?
           
       21         A      Yes.
           
       22                MR. ALBERT:  Do you have a copy?  
           
       23                MR. PARKER:  He said that he wrote down
           
       24         that he was --      
           
       25                THE WITNESS:  I put down the dad put him
           



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        1         through the window, but that's not what
           
        2         happened.
           
        3  BY MR. ALBERT:  
           
        4         Q      Do you know why it was you wrote that
           
        5  that day?
           
        6         A      I really don't know, because I was
           
        7  writing other people's statements also, because Ms.
           
        8  Santiago couldn't write, Ms. Sue couldn't write, so I
           
        9  had to write their statement for them and have them
           
       10  sign, and I don't know what else the police officer had
           
       11  us sign.
           
       12         Q      So you wrote Ms. Santiago's statement,
           
       13  Mr. Williams' statement, and your statement, as well?
           
       14         A      I wrote Ms. Santiago's statement.  I
           
       15  think Ms. Sue's was written by somebody else.  Or I
           
       16  think I wrote Ms. Sue's.  
           
       17                MR. PARKER:  Well, what he's asking you
           
       18         is, what was the reason for writing -- I realize
           
       19         it was confusing, but the bottom line is why did
           
       20         you write that down initially if that's not what
           
       21         happened?  
           
       22                THE WITNESS:  I really can't tell you.  I
           
       23         really don't know.  But what I saw was -- what
           
       24         happened was that he was -- nobody was put
           
       25         through a window.
           



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        1  BY MR. ALBERT:  
           
        2         Q      Okay.  Without a doubt, that's your
           
        3  statement, it is completely accurate as you sit here
           
        4  today?
           
        5         A      Exactly what I say.  He told his son, "Go
           
        6  get in the car, go get in the car."  He opened the
           
        7  gate, he opened the car door, and he got in himself.
           
        8         Q      And by "he", you mean Stephin?
           
        9         A      Stephin got in himself.  I was trying to
           
       10  go through the window, me.
           
       11         Q      Why were you trying to go through the
           
       12  window?
           
       13         A      To try to get the child out of the
           
       14  passenger side.  I went around through the driver's
           
       15  side, and I went through the window, and I took him
           
       16  through the window.  I pulled him out through the
           
       17  window to get him away from Mr. Danago.  
           
       18                MR. PARKER:  The child?  
           
       19                THE WITNESS:  Yes.  So that was what
           
       20         happened.
           
       21  BY MR. ALBERT:  
           
       22         Q      That is your statement you wrote that
           
       23  day; is that correct?
           
       24         A      Yes, that's my handwriting, that's what I
           
       25  wrote.
           



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        1         Q      And your signature is there on it, also?
           
        2         A      Yes.
           
        3         Q      And I believe you wrote, let's see,
           
        4  "Stephin was thrown in through the car window and he
           
        5  couldn't go nowhere.  So he leaped halfway in"?
           
        6         A      No.  I leaped halfway in.  
           
        7         Q      Is that what -- 
           
        8         A      Yeah, that's what I wrote, but that's not
           
        9  what happened at all.
           
       10         Q      So the statement you wrote that day was
           
       11  inaccurate?
           
       12         A      That part was, yes.
           
       13         Q      Is the rest of it accurate?  
           
       14                MR. PARKER:  You might want to take a
           
       15         look, just read it.
           
       16                THE WITNESS:  Yeah, he got in himself, I
           
       17         was the one that went through the driver's side
           
       18         and got him through -- from the passenger
           
       19         through the window, you know, out.
           
       20  BY MR. ALBERT:  
           
       21         Q      Okay.  Here's a statement, looks like
           
       22  it's signed by Ms. Santiago; is that your handwriting,
           
       23  did you write her statement?
           
       24         A      That is my handwriting, yes.
           
       25         Q      So it does say "Written here by Luis
           



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        1  DeLeon"?
           
        2         A      Yes.
           
        3         Q      And here is Ms. Williams' statement; let
           
        4  me ask you, did you write her statement?
           
        5         A      No, I did not write that.  I think 
           
        6  Ms. Cathy wrote that.
           
        7         Q      And so you just wrote the two statements,
           
        8  Ms. Santiago's statement and your own?
           
        9         A      And mine, yes.
           
       10         Q      All right.  You said that you -- once you
           
       11  removed Stephin from the car, why was it that you did
           
       12  that?
           
       13         A      I was trying to get him out of -- because
           
       14  I didn't know what was going on, I didn't know who the
           
       15  man was at the point in time.  I was trying to get the
           
       16  child from getting taken away by strangers.
           
       17         Q      You still don't know it's his father?
           
       18         A      I don't know.  All I know is that they
           
       19  went into the building, you know, and then all of a
           
       20  sudden I'm trying to get this man -- this child away
           
       21  from the man.
           
       22         Q      All right.  But Stephin had been running
           
       23  up to him yelling, "Daddy, Daddy," or something like
           
       24  that?  
           
       25         A      Something like that, that's what he said.
           



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        1  And he ran up and he put the things in his eyes and all
           
        2  that.  But after that -- I was only there for two
           
        3  minutes while that happened, and then we went into the
           
        4  building.
           
        5         Q      All right.  Well, while you are trying to
           
        6  get Stephin out of the car, what else is going on?
           
        7         A      First of all, he's in -- now -- 
           
        8         Q      "He" who?
           
        9         A      The child is in the car.  Now Mr. Danago
           
       10  is trying to keep the son in the car, and Ms. Maria is
           
       11  still on his neck, and I'm trying to do something so he
           
       12  won't drive off.  
           
       13                And now I went around to the driver's
           
       14  side, and I'm trying to, like, pop his hood to
           
       15  disconnect his battery, or whatever, you know, stop him
           
       16  from leaving.  But I never got to open his hood.  I
           
       17  just popped it.  And then he goes, "I'm going to "F"
           
       18  you up, I'm going to "F" you up.  If you touch my car,
           
       19  I'm going to "F" you up."  
           
       20                Now, while this is happening, Mr. Eric is
           
       21  there, and Fred is there holding his leg; Fred is
           
       22  holding his leg, and Ms. Maria is holding his shirt,
           
       23  and Eric is trying to distract Mr. Danago from the
           
       24  child, and I'm still over on the driver's side trying
           
       25  to reach for the child.
           



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        1         Q      All right.  When you first arrived Fred
           
        2  and Eric aren't there, correct?
           
        3         A      Right.  They arrived seconds right after.
           
        4         Q      You made a decision to try to disable a
           
        5  car or take the child out of the car instead of helping
           
        6  Ms. Santiago; why was that?
           
        7         A      Because as soon as I went to the driver's
           
        8  side, Eric and Mr. -- the Fred guy was holding this
           
        9  guy's leg, and is holding his leg, and Eric was trying
           
       10  to distract him by reaching in his pocket or something
           
       11  for his keys.  
           
       12                And at that time he let go of the child
           
       13  and turned around like he was going to do something to
           
       14  Eric for reaching in his pocket, or something, and
           
       15  that's when I pulled him out through the window, and
           
       16  then I ran into the office.
           
       17         Q      But you were the first one there by 
           
       18  Ms. Santiago's side, correct?
           
       19         A      Yes.
           
       20         Q      Now, you said that Fred and Eric were
           
       21  grabbing him by the legs?  
           
       22         A      Mr. -- the -- Fred, he had his leg.
           
       23         Q      Had Mr. Danago's leg?
           
       24         A      He had his leg, you know.  Because he was
           
       25  trying to go through --
           



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        1         Q      Mr. Danago?
           
        2         A      Yes.  He was trying to go through.
           
        3         Q      The car window?
           
        4         A      Through the window, yes, to get out.  And
           
        5  he had his leg, and, you know, Mr. Danago wouldn't let
           
        6  him go.  And Eric was there trying to distract him and
           
        7  Ms. Santiago just had his shirt.          
           
        8         Q      So, if I understand it correctly,
           
        9  Mr. Danago is going through his car window?
           
       10         A      He's trying to go through the passenger's
           
       11  window.
           
       12         Q      All right.  Stephin is in the driver's
           
       13  seat?
           
       14         A      Yes.
           
       15         Q      Fred Schmid is holding one of
           
       16  Mr. Danago's legs?
           
       17         A      Yes.
           
       18         Q      And Eric is trying to distract him?
           
       19         A      Trying to distract him, go in his pocket,
           
       20  trying to get his keys.
           
       21         Q      Do you know he was trying to get his
           
       22  keys, or is that an assumption?  
           
       23         A      No.  He told me, "I'm trying to get his
           
       24  keys," so, you know, trying to distract him or
           
       25  something.
           



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        1         Q      He told you at that time?
           
        2         A      Yes, he told me, "I'm trying to get his
           
        3  keys." 
           
        4         Q      And where is Ms. Santiago now?
           
        5         A      Now that the guys had the whole thing in
           
        6  control, she left.
           
        7         Q      Well, okay, I wonder if I missed
           
        8  anything.  At any point in time did you see Mr. Danago
           
        9  hit or push either Ms. Williams or Ms. Santiago?
           
       10         A      All he was doing to Ms. Santiago was,
           
       11  just, like, trying to get away.  Like, you know,
           
       12  swinging his arms and, you know, trying to get somebody
           
       13  off.
           
       14         Q      So it was never an aggressive move, it
           
       15  was always more of a defensive trying to get away?
           
       16         A      He was trying to get away, basically. 
           
       17  You know, like flinging his arms around so he could try
           
       18  to get this lady off his shirt, or off of him, and run
           
       19  to his car.
           
       20         Q      So he never punched her, kicked her, or
           
       21  anything like that?
           
       22         A      I did not see anything like that.  He
           
       23  might have hit her when he was trying to get her off,
           
       24  but from the point of inside, I didn't see anything
           
       25  inside, and that's basically where everything happened
           



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        1  or, wherever, and I did not see Ms. Sue get thrown on
           
        2  the floor.  She was already on the floor when I looked
           
        3  over.
           
        4         Q      Did you see Mr. Danago bite anybody?
           
        5         A      Bite?  No.  I don't remember any biting.
           
        6  But she did have a bite on her wrist, but I did not see
           
        7  that.
           
        8         Q      And you didn't see how Ms. Williams came
           
        9  to be on the ground?
           
       10         A      No.  She was on the ground, on the
           
       11  sidewalk.
           
       12         Q      Did you ever see Mr. Danago punch, hit,
           
       13  kick, bite her?
           
       14         A      The only actions I saw was him trying to
           
       15  get this lady off of her.  She might have been hurt in
           
       16  that process, but I do not know.
           
       17         Q      But you never saw her fall to the ground?
           
       18         A      Ms. Sue, I did not see her fall to the
           
       19  ground.  Ms. Santiago, she was up all the time.  
           
       20                The child was in the passenger seat.  He
           
       21  was never in the passenger seat, just to let you know.
           
       22         Q      I'm sorry.  I thought Mr. Danago, he was
           
       23  going in through the passenger window, wasn't he?
           
       24         A      He was trying to go.  As he is trying to
           
       25  go, she grabbed his leg and wouldn't let him go.
           



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        1         Q      And while he is doing that, Stephin is in
           
        2  the passenger seat?
           
        3         A      He's trying to hold Stephin in there,
           
        4  because I'm trying to take him out.
           
        5         Q      Is he, then, more or less trying to go
           
        6  over Stephin while he's in the passenger seat?
           
        7         A      He's trying to go over him and hold him
           
        8  at the same time, because I'm over here, trying to get
           
        9  his child, and there is someone trying to get his legs,
           
       10  you know?  
           
       11         Q      So if I understand it correctly, you are
           
       12  on the driver's side, trying to pull Stephin from that
           
       13  side?
           
       14         A      Yes.
           
       15         Q      Mr. Danago is coming in through the
           
       16  passenger side and trying to hold him in the car?  
           
       17         A      Trying to hold him in the car, that's
           
       18  right.  And that's when I try to pop the hood, it just
           
       19  popped up.  And that's when he said, "I'm going to "F"
           
       20  you up, I'm going to "F" you up, you don't touch my
           
       21  stuff."               
           
       22                And at that time when he was saying that,
           
       23  Eric reached in his pocket, he turned around, and -- it
           
       24  was so fast.  I grabbed Stephin and I pulled him out,
           
       25  and I ran inside, and then everybody let him go, they
           



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        1  got his tag number, or they called the police, you
           
        2  know, he left.  And, like, probably approximately,
           
        3  like, ten to 15 minutes later his mom comes up.
           
        4         Q      Let me stop you right there.  While all
           
        5  this is going on, you said that Mr. Danago is telling
           
        6  you he was going to fuck you up; is that right?
           
        7         A      Yes.
           
        8         Q      Okay.  While that is going on, is this at
           
        9  the same time that Mr. Schmid is grabbing his leg, Eric
           
       10  is reaching in his pocket, and Ms. Santiago is --
           
       11         A      Holding on.
           
       12         Q      And at the same time he was telling you
           
       13  he's going to fuck you up?
           
       14         A      Yeah, because I'm reaching in the car,
           
       15  trying to take his child, too.  He's paying attention
           
       16  to me, because I'm trying to take his child.
           
       17         Q      All right.  Let me ask you, did he ever
           
       18  swing at you?
           
       19         A      No, never swung at me.
           
       20         Q      Never tried to kick you or bite you, or
           
       21  anything?
           
       22         A      No, nothing like that.  
           
       23         Q      What about as far as Mr. Schmid and 
           
       24  Mr. Duff; do you ever see them punch, hit, kick
           
       25  anything?
           



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        1         A      No.  They were just holding him, you
           
        2  know, holding him down.
           
        3         Q      And would it be fair to say that was the
           
        4  extent of the physical contact you saw between
           
        5  Mr. Danago and the employees?
           
        6         A      Uh-huh (indicating affirmatively).  After
           
        7  I got the child, I didn't see anything else.  I ran in
           
        8  the building, and from that point on, I don't know.
           
        9         Q      How much after you ran in the building
           
       10  did he leave; do you recall?
           
       11         A      It was really quick.  As soon as I ran in
           
       12  the building, he took off.  And the police got there,
           
       13  and about 10 or 15 minutes later his mom came in.
           
       14         Q      Mr. Danago's mom, or Stephin's mom?
           
       15         A      The little boy's mom came in.
           
       16         Q      While this commotion is going on --
           
       17         A      But nobody called his mom.  Nobody called
           
       18  his mom, or anything like that.  She just pulled up.
           
       19         Q      While this commotion was going on, do you
           
       20  know what Stephin was doing?
           
       21         A      He was crying hysterically.
           
       22         Q      In the car?
           
       23         A      Yes, in the car he was crying
           
       24  hysterically.
           
       25         Q      Was he saying anything?
           



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        1         A      Just -- he just was crying, like, "No,
           
        2  don't take him away, don't call the police."  He was
           
        3  just crying hysterically.
           
        4         Q      He was saying, "No, don't take him away"?
           
        5         A      Yes.
           
        6         Q      Did you interpret that to mean his
           
        7  father, Mr. Danago, don't take Mr. Danago away?
           
        8         A      Yes.
           
        9         Q      Did you observe at any point in time any
           
       10  injuries to Stephin?
           
       11         A      He did have a thing on his lip.
           
       12         Q      What do you mean by "a thing"?
           
       13         A      Like somebody bumped him or, it was kind
           
       14  of swollen and cracked like blisters, kind of like when
           
       15  you get a cold sore, something like that.
           
       16         Q      When did you first notice that?
           
       17         A      That was after everything happened. 
           
       18  Like, during the line, it was just, like, swollen.  It
           
       19  wasn't bleeding or anything, and we noticed -- I guess
           
       20  we wrote an accident report, I don't know.
           
       21         Q      So when you say "during the line", you
           
       22  mean when you guys were first coming down the sidewalk?
           
       23         A      Yeah, it was just a little bit swollen. 
           
       24  But then I guess during everything it got big and
           
       25  started bleeding.
           



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        1         Q      Do you know what caused it initially?
           
        2         A      I really don't know.  Probably in the
           
        3  classroom, or something like that, playing.
           
        4         Q      Had Stephin been in your class for some
           
        5  time?
           
        6         A      He was there probably not even a month,
           
        7  probably a month.
           
        8         Q      All right.  Do you know whether or not he
           
        9  had any other injuries prior to that day?
           
       10         A      There was a Band Aid incident.  I don't
           
       11  know if that's in your records.
           
       12         Q      A Band Aid incident?
           
       13         A      Yeah.
           
       14         Q      What do you know about that?
           
       15         A      That, I guess he was playing outside and
           
       16  another child, or something, dared him or offered him
           
       17  money to put a Band Aid in his mouth, or eat a Band
           
       18  Aid, or something like that.
           
       19         Q      Is there anything else you know about
           
       20  that, or is that it?
           
       21         A      That's probably the most I can describe
           
       22  it.  But he said he never ate the Band Aid, or
           
       23  whatever.  But that's what he described to me.
           
       24         Q      All right.  On July 30th of 2001, was
           
       25  there any other physical contact that you, personally,
           



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        1  witnessed that you haven't described so far?
           
        2         A      No.  Just Ms. Maria holding onto
           
        3  Mr. Danago, you know, trying to keep him from leaving,
           
        4  and him just, you know, trying to get her off of him.
           
        5         Q      And you never saw anything that occurred
           
        6  inside the office, correct?
           
        7         A      Nothing.  
           
        8         Q      Anything else you can think of that seems
           
        9  relevant?
           
       10         A      That's about it.
           
       11         Q      Anything that sticks out in your mind?
           
       12         A      That's all I saw.
           
       13                MR. ALBERT:  I don't have any other
           
       14         questions.  
           
       15                THE WITNESS:  So just to make that clear,
           
       16         that part there, nobody threw a child through
           
       17         the window.  I pulled him through the window. 
           
       18         That's what happened.  I pulled him through the
           
       19         window.  Mr. Danago did not throw him in the
           
       20         window.  I pulled him through the window.  The
           
       21         kid got in himself.
           
       22  BY MR. ALBERT:  
           
       23         Q      You do agree, though, that you wrote that
           
       24  day, "Stephin was thrown in through the car window"?
           
       25         A      Yes.
           



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        1         Q      But you are stating today that when you
           
        2  wrote that that was inaccurate?
           
        3         A      Yes, that part did not happen,
           
        4  whatsoever.
           
        5         Q      Have you had a chance to review the rest
           
        6  of the statement?
           
        7         A      Yes.
           
        8         Q      You have read it today?
           
        9         A      Yes.
           
       10         Q      Is the rest of it accurate?
           
       11         A      Yes.
           
       12                MR. ALBERT:  I don't have any other
           
       13         questions.  
           
       14                     CROSS-EXAMINATION
           
       15  BY MR. PARKER:  
           
       16         Q      Do you wear glasses?
           
       17         A      No.
           
       18         Q      Do you know, have you ever had any
           
       19  problems with your eyes before?
           
       20         A      No.
           
       21         Q      How about hearing; is your hearing okay?
           
       22         A      (Indicating) 
           
       23         Q      Other than "I'm going to "F" you up,
           
       24  going to "F" you up," did you hear Mr. Danago say
           
       25  anything else during the course of the events beginning
           



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        1  from when you heard, "Help, help," and turned and
           
        2  looked, until he drove off, did you ever hear him say
           
        3  anything else?
           
        4         A      No.  Just him saying, "Get off of me, get
           
        5  off of me."
           
        6         Q      Anything else; "Get off of me, I will "F"
           
        7  you up," anything else?
           
        8         A      And we were just trying to calm him down,
           
        9  "Calm down, calm down."  
           
       10                "I will calm down if you let me go, I
           
       11  will calm down if you let me go," and that's just
           
       12  basically it.
           
       13         Q      Was anybody talking about Stephin, the
           
       14  child, "You can't take the child"; was anybody -- any
           
       15  other conversation?
           
       16         A      Yes.  There was, like, "You can't --
           
       17  that's not your child, you can't take him."  And that's
           
       18  what Ms. Sue was telling me.  "Don't let him take the
           
       19  child, don't let him take the child."  And, "I cannot
           
       20  let you take this child."  
           
       21                And, "That's my kid.  You can't take my
           
       22  kid away from me."
           
       23         Q      Anything else that was said?
           
       24         A      That's basically the whole deal.
           
       25         Q      You heard Ms. Williams say, "Don't let
           



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        1  him take the child"?
           
        2         A      "Don't let him take the child." 
           
        3         Q      And you heard her say, "Help?
           
        4         A      Uh-huh.  (Indicating affirmatively) 
           
        5         Q      Did you hear her say anything else other
           
        6  than, "Help," and, "Don't let him take that child"?
           
        7         A      That was it.  She was on the ground.
           
        8         Q      How about Ms. Santiago, did you ever see
           
        9  her on the ground?
           
       10         A      She was never on the ground from when I
           
       11  saw her gripping him, and they were just, like,
           
       12  wrestling towards the car.  She was never on the
           
       13  ground.
           
       14         Q      Do you recall anything Ms. Santiago said
           
       15  during the course of the events from when you first
           
       16  heard, "Help, help" until the Defendant drives away?
           
       17         A      No, no.
           
       18         Q      Did you hear him say, "Sir, you can't
           
       19  take that child, sir, you are not --" anything?
           
       20         A      No.  Ms. Sue was saying that to me.
           
       21         Q      Did you or anyone else threaten to harm
           
       22  Mr. Danago at any time?
           
       23         A      I didn't threaten no one.
           
       24         Q      Did anybody?
           
       25         A      I don't remember.  I don't think so.
           



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        1         Q      How about this Mr. -- what's Eric's last
           
        2  name, Dutt?  Did he ever say, "We will kill you, we
           
        3  will break your arm," anything like that?
           
        4         A      No, I didn't hear anything like that.
           
        5         Q      Did anybody pull out a weapon?
           
        6         A      No.  There were no weapons, whatsoever.
           
        7         Q      Did you see any of the males or any of
           
        8  the females ball their fist up and strike Mr. Danago
           
        9  with a closed fist?
           
       10         A      No, I did not see any of that.  But all
           
       11  we were doing was -- well, Eric was trying, you know,
           
       12  to get -- distract him.  Ms. Maria was, you know, on
           
       13  him still, on his shirt, and Fred had his left leg.
           
       14         Q      Did Mr. Danago ever say, "I'm going to
           
       15  "F" you up," until it was that you started messing with
           
       16  his car?
           
       17         A      No, he did not say anything to me until I
           
       18  reached under and popped his hood.
           
       19         Q      Okay.  
           
       20         A      And that's when he said that.
           
       21         Q      Okay.  So he never said that in response
           
       22  to your attempts to keep the child there up to that
           
       23  point in time.  You heard that when you pop the hood on
           
       24  the car?
           
       25         A      Popped the hood.
           



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        1         Q      Have you ever seen Mr. Danago since that
           
        2  time?
           
        3         A      Here, when I was testifying when he was
           
        4  here.
           
        5         Q      And that was the child custody?
           
        6         A      Thing with the mom and the sister, and
           
        7  they were all here, and I was the only one.  I guess
           
        8  Mr. Eric was supposed to be here, but he was out of
           
        9  state.  But I was the one who testified up there, and
           
       10  that's the only time I have seen him.
           
       11         Q      And other than giving that statement and
           
       12  the statement you are giving here today, and talking
           
       13  with -- the statements you gave the date the incident
           
       14  occurred, have you given any other statements to anyone
           
       15  else about this event?
           
       16         A      No.  Everything I say is the same, every
           
       17  time.
           
       18         Q      Did the day care center ask you to make a
           
       19  separate report?
           
       20         A      No.  Just the police report, and that's
           
       21  it.
           
       22         Q      How about insurance companies; have they
           
       23  contacted you and asked you to give a --
           
       24         A      No.  But, you know, it wasn't too long
           
       25  after that happened that I left anyway, and I didn't
           



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        1  hear anything after awhile, and I got a subpoena and
           
        2  had to come here and testify.
           
        3         Q      Okay.  That's all I have.  
           
        4                   REDIRECT EXAMINATION
           
        5  BY MR. ALBERT:  
           
        6         Q      What is your height and weight?
           
        7         A      About six foot, 260.
           
        8         Q      At any point in time were you in fear for
           
        9  your safety?
           
       10         A      No.  I can protect myself.
           
       11         Q      Okay.  And just to be clear, from the
           
       12  moment Ms. Williams was on the ground -- you didn't see
           
       13  how she got on the ground, correct?
           
       14         A      No.  She was on the ground, like, ahhh.
           
       15         Q      The moment she was on the ground and
           
       16  calling for help, you turned around and saw everything
           
       17  that happened subsequent to that moment in time,
           
       18  correct?
           
       19         A      Yes.  I was down with the kids, and I
           
       20  hear a faint, "Help help," and I look back and she's on
           
       21  the ground and I took off.  I ran.
           
       22         Q      When that began I think you said you were
           
       23  30 to 40 feet away?
           
       24         A      Yes.
           
       25         Q      I believe you said you instantly turned
           



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                                                                 38


        1  around and you literally ran to the scene, correct?
           
        2         A      Yes, ran to her, and, "What's going on,"
           
        3  and then I ran to Mr. Danago and Maria.
           
        4                MR. ALBERT:  Okay, that's all I have.  
           
        5                (Whereupon, the taking of the deposition
           
        6         was concluded at 4:30 p.m., and the reading and
           
        7         signing were not waived.) 
           
        8  
           
        9  
           
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                   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 18th 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                        LUIS DELEON
           
        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  
           



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        1                          ERRATA SHEET
           
        2  
           CASE:  STATE VS. DANAGO
        3  DATE TAKEN:  5-14-02
           CASE NO.:  05-2001-CF-033986-AXXX-XX        
        4  DEPONENT:  LUIS DELEON      
           
        5  PAGE/LINE              CORRECTION
           
        6                                                       
           
        7                                                       
           
        8                                                       
           
        9                                                       
           
       10                                                       
           
       11                                                       
           
       12                                                       
           
       13                                                       
           
       14                                                       
           
       15                                                       
           
       16                                                       
           
       17                                                       
           
       18                                                       
           
       19                                                       
           
       20                                                       
           
       21                                                       
           
       22                                                       
           
       23  I have read my deposition in this matter and entered 
           any changes in form or substance as reflected above. 
       24          
                                                                 
       25            LUIS DELEON                         DATE    
                 



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