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:     MARILYN WILLIAMS 

                  DATE TAKEN:        May 14, 2002

           
                  TIMES:             1:25 - 2:25 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  Also Present:   
           
       16               KIM GWIAZDA, VICTIM ADVOCATE 
           
       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  CERTIFICATE OF REPORTER                          61   
           
        5  CERTIFICATE OF OATH                              62
           
        6  
           
        7  
           
        8  
           
        9                      E X H I B I T S
           
       10  PLAINTIFF'S EXHIBITS
           
       11  NO.         DESCRIPTION
           
       12   
           
       13                    * * * N O N E * * *
           
       14  
           
       15  DEFENDANT'S EXHIBITS
           
       16   1       Children's Country Club Registration     11
           
       17  
           
       18  
           
       19  
           
       20  
           
       21  
           
       22  
           
       23  
           
       24  
           
       25  
           



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        1  WHEREUPON,
           
        2                     MARILYN WILLIAMS,
           
        3         acknowledged having been first duly sworn and
           
        4         testified upon his oath as follows:
           
        5                      DIRECT EXAMINATION
           
        6  BY MR. ALBERT:                
           
        7         Q      Could you please state and spell your
           
        8  name for me?
           
        9         A      My name is Marilyn Williams,
           
       10  M-A-R-I-L-Y-N  W-I-L-L-I-A-M-S.
           
       11         Q      And what's your Social Security number,
           
       12  ma'am?
           
       13         A      233-80-1093.
           
       14         Q      233-80-1093?
           
       15         A      Yes.
           
       16         Q      Have you ever been convicted of a crime,
           
       17  ma'am?
           
       18         A      No, sir.
           
       19         Q      Ever been arrested for a crime?
           
       20         A      No, sir.
           
       21         Q      How long have you lived in the State of
           
       22  Florida?
           
       23         A      Since 1967.
           
       24         Q      Can you tell me what your current
           
       25  employment is, ma'am?
           



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        1         A      I'm the director of Children's Country
           
        2  Club in Melbourne.
           
        3         Q      And how long have you been so employed?
           
        4         A      As director?
           
        5         Q      Yes, ma'am.  
           
        6         A      For two-and-a-half years.
           
        7         Q      How long have you been an employee of the
           
        8  Children's Country Club?
           
        9         A      Since January '99.
           
       10         Q      So, in other words, did you begin your
           
       11  employment then as the director, or did you have some
           
       12  other employment there for a short period of time?
           
       13         A      A short period of time.
           
       14         Q      What was your original position?
           
       15         A      A teacher.
           
       16         Q      And how long were you a teacher?
           
       17         A      About six months, six-and-a-half months.
           
       18         Q      And what are your duties as the director
           
       19  of the Children's Country Club?
           
       20         A      To oversee the safety of all the
           
       21  children, and then to run the business.
           
       22         Q      What do you mean when you say "oversee
           
       23  the safety of the children"?
           
       24         A      My first priority as director is to
           
       25  assure that all my children that are in my care are
           



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        1  safe and well taken care of.
           
        2         Q      And what is it you do to ensure that they
           
        3  are safe and well taken care of?
           
        4         A      We monitor, we have rules and regulations
           
        5  set by the State of Florida of course that we follow,
           
        6  and we are constantly monitoring teachers being in the
           
        7  room; just overseeing the children.
           
        8         Q      All right.  Now, you say "rules and
           
        9  regulations".  Should I take that to mean that there
           
       10  are regulations by the State and rules that your
           
       11  employer has; is that accurate?
           
       12         A      We have rules and regulations set by the
           
       13  State of Florida, and we also have rules and
           
       14  regulations set by the employer.
           
       15         Q      What would the rules and regulations as
           
       16  you know it for the State of Florida be in reference to
           
       17  parents picking up their children from the school?
           
       18         A      To pick up the children from school they
           
       19  have to be listed as a person to pick up.  Their name
           
       20  has to be on the enrollment sheet.  And that is done at
           
       21  the time of the enrollment.
           
       22         Q      And how is that done?
           
       23         A      On a form; we have a form.
           
       24         Q      And who is it that fills out the form?
           
       25         A      Generally the parent or parents who are
           



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        1  enrolling the child.
           
        2         Q      Now, would the rules and regulations of
           
        3  the Children's Country Club be any different from those
           
        4  of the State?
           
        5         A      No.
           
        6         Q      They follow the State rules and
           
        7  regulations identically?
           
        8         A      Yes, we have to.
           
        9         Q      I don't know if you had some additional
           
       10  rules and regulations beyond what the State has.  
           
       11         A      We have a very detailed packet,
           
       12  enrollment packet, beyond that.
           
       13         Q      And does it have something or does it
           
       14  include something that the State rules and regulations
           
       15  do not?
           
       16         A      Probably, yes.  For instance, are we
           
       17  allowed to let the children be around a pet?  I don't
           
       18  think that's in your rules and regulations in the State
           
       19  of Florida.
           
       20         Q      But it is in the rules and regulations of
           
       21  the Children's Country Club?
           
       22         A      Right.
           
       23         Q      Okay.  Now, going back to the forms you
           
       24  were talking about?
           
       25         A      Yes.
           



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        1         Q      What happens if only one parent comes in
           
        2  to fill out.  What do you do in that case?
           
        3         A      Generally speaking, most people will take
           
        4  the forms -- after we have given a tour, they will take
           
        5  the forms home with them and fill them out and return
           
        6  them.
           
        7         Q      And if only one parent is listed is there
           
        8  anything you do to find out why there is only one
           
        9  parent listed?
           
       10         A      We have a lot of children that are in
           
       11  protective custody in our center.  We are a
           
       12  State-funded day care, so it is not unusual that you
           
       13  will find a mother or a father or a grandparent who is
           
       14  the only person listed.
           
       15         Q      All right.  In reference to Stephin
           
       16  Danago?
           
       17         A      Yes.
           
       18         Q      He is registered at the Children's
           
       19  Country Club, correct?
           
       20         A      Say that again, please?  
           
       21         Q      Stephin Danago was the child in question
           
       22  as far as this case, he was registered at the
           
       23  Children's Country Club?  
           
       24         A      He was registered, yes.
           
       25         Q      He no longer is at this time?
           



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        1         A      No.
           
        2         Q      Do you know how he came to be registered
           
        3  at your school?
           
        4         A      He was registered by his mother.
           
        5         Q      And you have personal knowledge of that?
           
        6         A      I have a copy of the registration, yes.
           
        7         Q      All right.  Were you present when that
           
        8  form was filled out?
           
        9         A      No, I was not.
           
       10         Q      When was the first time you came into
           
       11  contact with the form?
           
       12         A      Actually, the day of the incident.
           
       13         Q      All right.  So any time prior to that,
           
       14  you had no idea who filled out the form or what was on
           
       15  the form?
           
       16         A      No.
           
       17         Q      Do you have the form with you today?
           
       18         A      Yes, I do.
           
       19         Q      Could I see that, please?  
           
       20                MR. PARKER:  Sure.  
           
       21                THE WITNESS:  I have a copy.  
           
       22                MR. ALBERT:  That's fine.  
           
       23                MR. PARKER:  Just so the record is clear,
           
       24         is this the entire enrollment package for
           
       25         Stephin?  
           



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        1                THE WITNESS:  No.  
           
        2                MR. PARKER:  No, it is not?  
           
        3                THE WITNESS:  No.  There would probably
           
        4         be ten pages of personal information - what he
           
        5         likes, dislikes, foods.  That is the main. . .
           
        6  BY MR. ALBERT:
           
        7         Q      All right.  So this has his name, Stephin
           
        8  Danago, male, date of birth, 10-7-96?  
           
        9                MR. PARKER:  I'm going to object to the
           
       10         reading into the record.  If you want to mark it
           
       11         and move it in, I don't have a problem with
           
       12         that.  If she wants to answer questions from
           
       13         that, I don't have a problem with that.
           
       14  BY MR. ALBERT:  
           
       15         Q      Looks like phone number, mother's name;
           
       16  is there somewhere on here where it says who is and is
           
       17  not allowed to pick the children up?
           
       18         A      Let's see.  Other than the parent
           
       19  (indicating), or parents, who is allowed.
           
       20         Q      All right, let me ask you this.  If the
           
       21  father came up to pick up the child, based on this
           
       22  document why would you not allow him to pick the child
           
       23  up?
           
       24         A      The father's name is nowhere on that
           
       25  form.
           



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        1                MR. ALBERT:  All right.  So -- yeah,
           
        2         let's go ahead and mark this, please.  
           
        3                MR. PARKER:  We will make a copy and can
           
        4         we stipulate that the copy, once we mark it, the
           
        5         copy will go in?
           
        6                MR. ALBERT:  That will be fine. 
           
        7                (Whereupon, Defendant's Exhibit 1 was so
           
        8         marked by the court reporter.)
           
        9                MR. ALBERT:  All right, we will have this
           
       10         attached to the record.
           
       11  BY MR. ALBERT:  
           
       12         Q      Now, ma'am, going back to the document,
           
       13  it states, "Other than the parents, who is allowed to
           
       14  pick the child up from CCC?"  Now, are you saying that
           
       15  since the father is not actually listed by name, that
           
       16  means he can't pick up his child, even though he
           
       17  clearly meets the definition of a parent?
           
       18         A      I'm saying that, yeah.  Say that to me
           
       19  again.  Say that to me, please.  
           
       20         Q      I think we can agree that Mr. Danago is
           
       21  the father of Stephin Danago, to your knowledge?
           
       22         A      As far as I know.
           
       23         Q      All right.  And the sentence states,
           
       24  "other than the parents"?
           
       25         A      Uh-huh.  (Indicating affirmatively) 
           



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        1         Q      So in my reading of it that would not
           
        2  exclude Mr. Danago, because he is a parent; do you see
           
        3  what I'm saying?
           
        4         A      That is your reading of it, yes, I
           
        5  understand.
           
        6         Q      Do you have a different interpretation?
           
        7         A      Yes, I do.  There is no father listed on
           
        8  here.
           
        9         Q      So since he is not specifically listed --
           
       10         A      That is exactly right.
           
       11         Q      -- by I guess by your employer's
           
       12  definition, he is not a parent?
           
       13         A      If he is not listed on here, I don't know
           
       14  if he is a parent -- well, let me rephrase that.
           
       15         Q      Okay.  
           
       16         A      He is not listed on here.  I don't know
           
       17  why he is not listed on here.  That means that the only
           
       18  parents that I have listed is Fannie Cooks.  Anybody
           
       19  other than Fannie Cooks could not come to my center and
           
       20  pick up a child.
           
       21         Q      Okay.  Well, let me ask you a couple
           
       22  questions based on your response.  You said you don't
           
       23  know why he's not listed.  So, you have no idea why he
           
       24  is not on there; is that correct?
           
       25         A      That is correct, I do not know why.  
           



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        1         Q      He has never told you why, Ms. Cooks has
           
        2  never told you why?
           
        3         A      No.
           
        4         Q      What if the situation arises where a
           
        5  person is not listed and they come in and show you
           
        6  somehow through identification, or whatever, that they
           
        7  are in fact a parent, what happens in that situation?
           
        8         A      If -- my procedure would be to tell the
           
        9  parent that there is a little problem.  If they would
           
       10  give me a minute, that I will pick up the phone and I
           
       11  will call.
           
       12         Q      Okay.  Well, then let's go specifically
           
       13  to the situation that we are here for today.  Let's
           
       14  see, what was it, June 30 of last year; is that
           
       15  correct?
           
       16         A      Yes, it was.
           
       17         Q      What took place that day with Mr. Danago;
           
       18  what was the first contact you had with Mr. Danago?
           
       19         A      He was brought in to the office by Maria.
           
       20         Q      Maria Santiago?
           
       21         A      Yes.
           
       22         Q      Now, what do you mean when you say "he
           
       23  was brought into the office by Ms. Santiago"; did she
           
       24  escort him in, or did she physically --
           
       25         A      No.  She escorted him into the office and
           



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        1  said that he wanted to take the little boy, Stephin.
           
        2         Q      All right.  And that was the first time
           
        3  that you had ever had contact with him, or the first
           
        4  time that day?
           
        5         A      First time I had ever seen him.
           
        6         Q      And what happens, then, after Ms. 
           
        7  Santiago brings Mr. Danago into your office?
           
        8         A      I said hello to him and I asked him for
           
        9  his driver's license.
           
       10         Q      Did he provide that to you?
           
       11         A      He stated "I.D.", and threw it at the
           
       12  desk.
           
       13         Q      All right.  At that point in time do you
           
       14  have any idea what had taken place between Mr. Danago
           
       15  and Ms. Santiago prior to coming into your office?
           
       16         A      No.
           
       17         Q      Okay.  The reason I ask that is because
           
       18  your response gave the impression that he was angered
           
       19  about something; was that your impression?
           
       20         A      Agitated, yes.  Agitated, but I thought
           
       21  it was because I asked him for his driver's license.
           
       22         Q      All right.  So I think you said that he
           
       23  threw it down; is that accurate?
           
       24         A      On the desk.
           
       25         Q      What took place next?
           



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        1         A      I was in a swivel chair at a desk like
           
        2  this, and I turned around, pulled the file open, down,
           
        3  Stephin's file, immediately looked at it, and saw that
           
        4  there was no one listed to pick up the child.  
           
        5                Turned back around and told him that I
           
        6  had a little problem, but that I was going to make a
           
        7  phone call and see if it was okay if he picked up the
           
        8  child.
           
        9         Q      And how did he respond?
           
       10         A      He said, "Give me my fucking license."  I
           
       11  had the license in my hand, I had the phone here, and
           
       12  he reached across the desk, and --
           
       13         Q      Let me stop you right there, ma'am.  What
           
       14  you have described so far, you asked him for the I.D.,
           
       15  him throwing it down, in your words, you checking the
           
       16  records, and then responding to him that he wasn't
           
       17  listed; how much time passed?        
           
       18         A      I didn't say he wasn't listed.
           
       19         Q      I thought you said you checked the
           
       20  records and he wasn't on there.  
           
       21         A      He wasn't.  I said there was a slight
           
       22  problem.
           
       23         Q      A slight problem, okay, I'm sorry.  How
           
       24  much time transpired?
           
       25         A      A minute, maybe.
           



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        1         Q      Okay.  
           
        2         A      A minute, maybe two minutes.  Very fast.
           
        3  And I honestly don't know how much time.
           
        4         Q      All right.  So what took place next?
           
        5         A      What took place next was that he reached
           
        6  across the desk and hit me in the right side of the
           
        7  head with his fist.
           
        8         Q      Could you -- well, here, I've got a
           
        9  better idea.  
           
       10                MR. ALBERT:  Do you have a pen with you?
           
       11                MR. PARKER:  (Tendering) 
           
       12  BY MR. ALBERT:  
           
       13         Q      Can you draw the room that we are talking
           
       14  about and where is the furniture, where is everybody
           
       15  at?
           
       16         A      (Indicating)  I'm not very good.  It
           
       17  would be like this.
           
       18         Q      Okay, here's the door of the entrance to
           
       19  your office?
           
       20         A      Uh-huh.  (Indicating affirmatively) 
           
       21         Q      And, all right.  And then as you come in
           
       22  on your left, is this your desk?
           
       23         A      That normally is my desk.
           
       24         Q      Is that where you were at that time?
           
       25         A      No.  I was at this desk.
           



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        1         Q      And so that's straight across from the
           
        2  door.  What is this, exactly?
           
        3         A      This?  
           
        4         Q      Yes, ma'am.  
           
        5         A      Is the desk.
           
        6         Q      And just a standard desk as about the
           
        7  size of this desk that we have in front of us?
           
        8         A      It's not this big.
           
        9         Q      How tall is it?
           
       10         A      It's this tall.
           
       11         Q      So, what, maybe three feet tall?
           
       12         A      Yes.
           
       13         Q      All right.  And I guess to the right of
           
       14  the door, you are saying this is a window over here?
           
       15         A      Uh-huh.  (Indicating affirmatively) 
           
       16         Q      And what is this at the far right?
           
       17         A      Cameras.
           
       18         Q      What type of cameras?
           
       19         A      Surveillance cameras, so we can watch,
           
       20  monitor.
           
       21         Q      Are these actually monitors or cameras?
           
       22         A      They are monitors, video.
           
       23         Q      Are there any surveillance cameras of
           
       24  this area?
           
       25         A      No, I don't think so, no.
           



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        1         Q      You hesitated.  There might be?
           
        2         A      I'm thinking that there is -- yes, there
           
        3  is, up in the corner, that would be watching that room,
           
        4  that would be recording onto these cameras.
           
        5         Q      So there is a recording, then, of
           
        6  everything that took place?
           
        7         A      There are no recordings, no.
           
        8         Q      Why is that?
           
        9         A      There were no blank VCRs in the machines.
           
       10         Q      All right.  So you have the ability to
           
       11  record what's going on?
           
       12         A      Yes.
           
       13         Q      But for whatever reason it wasn't being
           
       14  recorded that day?
           
       15         A      It hadn't been recorded.
           
       16         Q      For how long; do you know?
           
       17         A      We hadn't recorded -- as long as I had
           
       18  worked there, it hadn't been recorded.
           
       19         Q      For at least two-and-a-half years?
           
       20         A      Uh-huh.  (Indicating affirmatively) 
           
       21         Q      Had you ever even checked the camera here
           
       22  to see if it was functioning?
           
       23         A      Do I watch these cameras?  
           
       24         Q      Not the ones here.  I think you said
           
       25  there was one in this corner to the left that would
           



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        1  record everything in this area if it were recording; is
           
        2  that accurate?
           
        3         A      If I walk in here and look at the
           
        4  cameras, I can see myself walk in there; is that what
           
        5  you mean?
           
        6         Q      Through this camera you can see yourself
           
        7  walk in --
           
        8         A      On the monitors over here.
           
        9         Q      So it does actually pick up the broadcast
           
       10  and it sends it to a monitor -- 
           
       11         A      Right.
           
       12         Q       -- but it's not being recorded?
           
       13         A      Right.
           
       14         Q      Okay.  To your knowledge, do you have the
           
       15  ability to record from that camera?  In other words, is
           
       16  there either a VCR hooked up to it or the ability,
           
       17  capability, I should say, to hook a VCR up to it and
           
       18  record?  
           
       19         A      Yes.
           
       20         Q      All right, then, going back to what took
           
       21  place, you are saying there is a desk here across from
           
       22  the door.  Can you show me where Mr. Danago and 
           
       23  Ms. Santiago are?
           
       24         A      They came through here.
           
       25         Q      And where were they standing at the time
           



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        1  that the conversation between you and Mr. Danago took
           
        2  place?
           
        3         A      Right about in here.
           
        4         Q      Both of them?
           
        5         A      Maria was behind.
           
        6         Q      All right.  Could you put an "M" right
           
        7  there for "Maria"?
           
        8         A      (Indicating) 
           
        9         Q      And a "D" for Danago?
           
       10         A      (Indicating) 
           
       11         Q      And this is where they are the entire
           
       12  time; is that accurate, more or less?
           
       13         A      Uh-huh (indicating affirmatively).  Let
           
       14  me make sure about that.  I think the desk was a little
           
       15  bit further over.
           
       16         Q      Okay.  But at some point in time you said
           
       17  he reached over the desk and hit you; is that right?
           
       18         A      Yes.
           
       19         Q      Prior to that had there been any physical
           
       20  contact between you and Mr. Danago?
           
       21         A      (Witness shakes head) 
           
       22         Q      Prior to that, to your knowledge, had
           
       23  there been any physical contact between Mr. Danago and
           
       24  Ms. Santiago?
           
       25         A      No.
           



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        1         Q      Had either he touched her arm in any way
           
        2  or she touched him in any?  
           
        3         A      At that point, no.
           
        4         Q      Now, can you describe for me exactly what
           
        5  took place?  You said he reached across and hit you;
           
        6  how did that happen?
           
        7         A      I had the phone, I turned back around,
           
        8  and I was on a swivel chair, and I turned this way.
           
        9         Q      To your left?
           
       10         A      Uh-huh.  (Indicating affirmatively) 
           
       11         Q      And according to this, he was to your
           
       12  right; is that correct?
           
       13         A      He would have been to my -- yeah.
           
       14         Q      So you were turning away from him?
           
       15         A      No.  I actually was turning like this,
           
       16  and he was at this angle.  (Indicating)
           
       17         Q      All right.  
           
       18         A      Like this.
           
       19         Q      So he was still somewhat to your right,
           
       20  then, and you were turning to your left; is that
           
       21  accurate?
           
       22         A      Uh-huh.  (Indicating affirmatively) 
           
       23         Q      And did any other words --
           
       24                MR. PARKER:  Ms. Williams, one of things
           
       25         you understand is she's taking down everything
           



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        1         that you say.  "Uh-huh" and "Huh-uh" sometimes
           
        2         are real hard for us to go back and kind of
           
        3         figure out what you are saying, shakes of the
           
        4         head, that sort of stuff.  So if you could
           
        5         articulate your answer in words that we can
           
        6         follow to the question.
           
        7  BY MR. ALBERT:  
           
        8         Q      In other words, basically "yes" or "no"
           
        9  if it calls for a "yes" or "no", all right?
           
       10         A      Okay.
           
       11         Q      Okay.  So, if I understand it correctly,
           
       12  you are turning to your left on a chair that swivels,
           
       13  he's to your right.  Are any other words spoken at that
           
       14  point in time; do you say anything to him or did he say
           
       15  anything to you?
           
       16         A      No, not that I recall.  
           
       17                MR. PARKER:  Just so I'm clear, and I
           
       18         apologize, John, but I'm going to object to the
           
       19         characterization that he's to her right, because
           
       20         as I saw her movement, he was pretty much
           
       21         directly in front of her.  She used her right
           
       22         hand, now, maybe we could clear that up, but I
           
       23         don't want the record to indicate that he's off
           
       24         to her right while she's facing in some
           
       25         direction.  Now, maybe she can clear that up for
           



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        1         us.  
           
        2  BY MR. ALBERT:  
           
        3         Q      Looks to me from your diagram he's to
           
        4  your right; is that accurate, or was he perhaps
           
        5  somewhere else, or were you facing directly towards
           
        6  him?  What was the situation?
           
        7         A      I think the desk was further over this
           
        8  way, because when I turned my chair this way, he was
           
        9  here.
           
       10         Q      All right.  So before you swiveled, then,
           
       11  would he have been to your left, or straight in front
           
       12  of you; where exactly would he have been?
           
       13         A      He would have been to the left.
           
       14         Q      As you swivel --
           
       15         A      Yes, he would have been to the left.
           
       16         Q      So he is over here to your left, and then
           
       17  as you swivel around you are more or less straight with
           
       18  him; is that accurate?  
           
       19         A      Not exactly straight, no.  He is still at
           
       20  kind of an angle, like I'm here --
           
       21         Q      Okay.  
           
       22         A      -- he's at an angle over here.
           
       23         Q      Slightly to your right or left?
           
       24         A      He would have been slightly to the left.
           
       25         Q      Okay.  All right, then.  I think somehow
           



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        1  you are saying that he hit you; is that correct?
           
        2         A      I'm definitely saying that he hit me.
           
        3         Q      Tell me how that happened; what exactly
           
        4  took place?
           
        5         A      He reached across the desk and hit me
           
        6  with his fist in the right side of my head.
           
        7         Q      Was there any provocation for that to
           
        8  your understanding?  
           
        9                MR. PARKER:  Let me just object; that
           
       10         calls for a conclusion as to what "provocation"
           
       11         is.  But if you know the answer to that
           
       12         question, though, if you provoked him, you may
           
       13         answer it.  
           
       14                THE WITNESS:  I don't know why he hit me.
           
       15  BY MR. ALBERT:  
           
       16         Q      Had you said anything to him?
           
       17         A      Only that if he would give me a minute I
           
       18  would try to call.
           
       19         Q      Had you indicated to him that you were
           
       20  not going to release this child to him?
           
       21         A      I told him that I needed to make a phone
           
       22  call, yes.
           
       23         Q      All right.  I'm not sure you really
           
       24  answered the question.  Did you at some point say, "I
           
       25  can't release your child to you," or "I won't release
           



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        1  your child," anything like that?
           
        2         A      I said, "We have a little problem, but
           
        3  I'm going to call," meaning his mother.
           
        4         Q      Meaning?
           
        5         A      Stephin's mother.
           
        6         Q      Well, did you say that, "I'm going to
           
        7  call Stephin's mother"?
           
        8         A      I didn't -- I don't know if I said, "I'm
           
        9  going to call Stephin's mother," but, "I'm going to
           
       10  call and see if it's okay."
           
       11         Q      All right.  Prior to him striking you,
           
       12  did you see any indication that that was about to
           
       13  happen; were things escalating in your opinion?
           
       14         A      I didn't know that he was going to hit
           
       15  me.
           
       16         Q      All right.  And could you describe for me
           
       17  how exactly he hit you?
           
       18         A      He hit me with his fist.
           
       19         Q      Right hand or left hand?
           
       20         A      I think his left hand.
           
       21         Q      You think his left hand?  You are not
           
       22  sure?
           
       23         A      No, I'm not sure.
           
       24         Q      Where did it strike you?
           
       25         A      In my temple.
           



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        1         Q      On your right temple?
           
        2         A      Yes.
           
        3         Q      And you said fist; was it a closed fist?
           
        4         A      Yes, it was a closed fist.
           
        5         Q      What took place next, ma'am?
           
        6         A      The little boy started crying.
           
        7         Q      Stephin?
           
        8         A      Uh-huh.  (Indicating affirmatively) 
           
        9         Q      He was in the room?
           
       10         A      Yes, he was.
           
       11         Q      Where exactly was he?
           
       12         A      He was standing by his father, and he
           
       13  turned -- the elder Stephin turned around to go out the
           
       14  door, and Maria grabbed ahold of him.
           
       15         Q      All right, stop right there a second. 
           
       16  Grabbed ahold of who, Mr. Danago or Stephin?
           
       17         A      Mr. Danago.
           
       18         Q      All right, please continue.  She tried to
           
       19  grab Mr. Danago, and what took place?
           
       20         A      He hit her in the side of the head.
           
       21         Q      Mr. Danago hit Ms. Santiago?
           
       22         A      Yes.
           
       23         Q      And the reason I ask is because when you
           
       24  say "he" and "she" it is kind of confusing as to who
           
       25  exactly you meant.  
           



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        1         A      Mr. Danago.
           
        2         Q      It is Danago, but, I understand.  
           
        3         A      Mr. Danago hit Maria in the side of the
           
        4  head with his fist.
           
        5         Q      All right.  Let's take that one step at a
           
        6  time.  You are saying that Stephin started to cry,
           
        7  Mr. Danago turned to leave the room.
           
        8         A      (Nodding) 
           
        9         Q      Does he grab his child as he is doing
           
       10  that?
           
       11         A      "Grab" by -- what do you mean "grab"?  
           
       12         Q      By the arm, by the waist; did he in any
           
       13  way come in contact with his child -- 
           
       14         A      He had ahold of the child's hand.
           
       15         Q      Do you recall how he grabbed him or with
           
       16  which hand he used?
           
       17         A      No, sir, I don't.
           
       18         Q      And Ms. Santiago, you said that she tried
           
       19  to grab Mr. Danago, correct?
           
       20         A      Yes.
           
       21         Q      And how did she do that?
           
       22         A      She tried by reaching around him to stop
           
       23  him from going through the door.
           
       24         Q      All right.  So she basically tried to
           
       25  place both of her arms completely around his upper
           



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        1  torso; would that be accurate?
           
        2         A      Around his back.  His back was facing
           
        3  her.  He had turned around to go out the door, so she
           
        4  tried -- yes.
           
        5         Q      He was actually in front of her leaving
           
        6  the room and she grabbed him from behind?
           
        7         A      Yes.
           
        8         Q      And when she tried to grab him was she
           
        9  actually successful in getting her arms around 
           
       10  Mr. Danago?
           
       11         A      No.
           
       12         Q      Why not; what happened?
           
       13         A      She's short, he was a little bit bigger,
           
       14  and she wasn't able to put her hands all the way around
           
       15  him.
           
       16         Q      So it wasn't because of anything 
           
       17  Mr. Danago did, it was because she was just shorter
           
       18  than Mr. Danago?  
           
       19                MR. PARKER:  Sounds like it was all
           
       20         because of what he did, walking away, storming
           
       21         out.  And, I apologize, but if you know the
           
       22         answer to that question, just answer it.  
           
       23                THE WITNESS:  I believe that she did that
           
       24         because he had just hit me.
           
       25  BY MR. ALBERT:  
           



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        1         Q      And, no offense, but we can't really
           
        2  speculate as to why she did what she did, so I'm not
           
        3  going to ask you that.  But what I am going to ask you
           
        4  is what you say and what you witnessed, and it sounds
           
        5  to me, all due respects to Mr. Parker, but sounds to me
           
        6  as if you were saying that she tried to put her arms
           
        7  around him, but the only reason I thought that she was
           
        8  unsuccessful at this point in time was because you said
           
        9  he was a little taller and she wasn't physically able
           
       10  to do it.  
           
       11         A      That's what I think, yes.
           
       12         Q      That's what you saw; would that be
           
       13  accurate?
           
       14         A      That's what I saw.
           
       15         Q      All right.  Had Mr. Danago done anything
           
       16  to Ms. Santiago up to that point in time?
           
       17         A      I do not recall.
           
       18         Q      Would it be fair to say that if you don't
           
       19  recall, then nothing did occur at that point, or
           
       20  nothing that you remember, anyways?
           
       21         A      Nothing that I remember at that point.
           
       22         Q      All right.  Once that took place, once
           
       23  she attempted to grab Mr. Danago, what happened next?
           
       24         A      He hit her.
           
       25         Q      All right.  Last I knew he was facing
           



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        1  away from her.  
           
        2         A      Uh-huh.  (Indicating affirmatively) 
           
        3         Q      Did he turn somehow; what happened?
           
        4         A      He turned, and hit her.
           
        5         Q      All right.  Does he still have Stephin in
           
        6  one of his hands?
           
        7         A      I believe he had let go of Stephin.
           
        8         Q      Right at that point in time?
           
        9         A      At some point -- this all happened very
           
       10  fast, within just two or three minutes, so it was all
           
       11  very fast, I believe he may have let go of his hand.
           
       12         Q      Okay.  Do you recall if Mr. Danago turned
           
       13  to his right or to his left to turn around?
           
       14         A      No, sir, I don't.
           
       15         Q      But it is your testimony that somehow he
           
       16  did turn around; is that correct?
           
       17         A      I don't know if he turned completely
           
       18  around, but he did, you know.
           
       19         Q      How was it that he struck Ms. Santiago?
           
       20         A      With his fist.
           
       21         Q      Again, do you recall his left fist or
           
       22  right fist?
           
       23         A      I don't know the answer to that.
           
       24         Q      But it was definitely a closed fist, it
           
       25  wasn't an open hand?
           



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        1         A      It was a closed fist.
           
        2         Q      And where did he hit her?
           
        3         A      In the head.
           
        4         Q      And do you know where exactly, or just in
           
        5  the head?
           
        6         A      You would have to ask her.  I'm not sure
           
        7  exactly where on the head that he hit her.
           
        8         Q      Do you recall if it was the right side or
           
        9  left side, anything of that nature?
           
       10         A      No, sir.
           
       11         Q      What took place next, ma'am?
           
       12         A      They were outside by this point.  Mr. --
           
       13         Q      Hold on, let me stop you.  Outside of
           
       14  this office that you have drawn, or outside of the
           
       15  building?
           
       16         A      No.  Outside of this building, this
           
       17  office.
           
       18         Q      All right.  But that would still be
           
       19  inside the building; is that accurate?
           
       20         A      No.  They had stepped outside.
           
       21         Q      So once you go through that door, you are
           
       22  outside of the building?
           
       23         A      You are outside of the building.
           
       24         Q      Please continue.  
           
       25         A      Okay.  I told her -- I was screaming at
           



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        1  that point, "He can't take that child, he can't take
           
        2  that child."  And I got up, ran out the door.
           
        3         Q      Let me stop you just one second.  "Got
           
        4  up"; got up from the chair?
           
        5         A      Got up from the chair.
           
        6         Q      Please continue.  
           
        7         A      Ran outside.  He had gone just two or
           
        8  three feet.
           
        9         Q      By "he", you mean Mr. Danago?
           
       10         A      Mr. Danago, I'm sorry.  And I think I
           
       11  reached for him, or I -- I remember trying to reach for
           
       12  his shirt, or something, and at that point he turned
           
       13  around, and with a closed fist, hit me in the left side
           
       14  of the head.  Actually more in this area (indicating),
           
       15  around my eye.
           
       16         Q      All right.  You said that Mr. Danago had
           
       17  been about two or three feet outside.  Was anyone else
           
       18  out there besides Mr. Danago?
           
       19         A      Maria was there.
           
       20         Q      Anyone else?
           
       21         A      Fred Schmid was there.
           
       22         Q      Uh-huh.  (Indicating affirmatively) 
           
       23         A      And I can't remember anybody -- I can't
           
       24  remember if there was anyone else.
           
       25         Q      All right.  And you said that you tried
           



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        1  -- well, let me take this one step at a time.  
           
        2                All right.  Ms. Santiago; is she still
           
        3  trying to grab Mr. Danago, or what is she doing?
           
        4         A      She's trying to get the child at that
           
        5  point, I believe.
           
        6         Q      So is she trying to grab Stephin then?
           
        7         A      I believe so, yes.
           
        8         Q      Okay.  Did she have any physical contact
           
        9  with Mr. Danago at that point?
           
       10         A      No, not at that particular point.
           
       11         Q      All right.  Mr. Schmid; what is he doing?
           
       12         A      I believe he had just come outside of the
           
       13  building.  He was sitting in the office when this
           
       14  happened.
           
       15         Q      Sitting in this same office?
           
       16         A      He was sitting at my desk.
           
       17         Q      So he witnessed everything that took
           
       18  place inside and outside?
           
       19         A      Yes.
           
       20         Q      All right.  Mr. Schmid, backing up just a
           
       21  little bit, was he involved in whatever took place
           
       22  inside in any way?
           
       23         A      Not inside, no, sir.
           
       24         Q      So anything that took place as far as
           
       25  Mr. Danago striking you, turning, trying to walk out,
           



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        1  Ms. Santiago grabbing at Mr. Danago and Mr. Danago then
           
        2  turning to hit Ms. Santiago, at no point did Mr. Schmid
           
        3  get in the middle of that?
           
        4         A      No, sir.
           
        5         Q      What was he doing inside?
           
        6         A      Sitting there watching.
           
        7         Q      Okay.  I take it, then, he didn't get up
           
        8  until Mr. Danago went out?
           
        9         A      That is correct.
           
       10         Q      Now, we're outside.  Mr. Schmid is doing
           
       11  what?
           
       12         A      After a minute or so he's trying to stop
           
       13  Mr. Danago from removing the child from the day care.
           
       14         Q      Okay.  You say "after a minute or so". 
           
       15  What do you mean "after a minute or so"; after a minute
           
       16  or so outside, inside, what do you mean?
           
       17         A      After a minute or so outside.
           
       18         Q      What was he doing for the first minute?
           
       19         A      I think still watching everything that's
           
       20  happening.
           
       21         Q      All right.  He wasn't getting involved at
           
       22  all between yourself, Ms. Santiago and Mr. Danago?
           
       23         A      No.
           
       24         Q      Did you ask him for any help in any way?
           
       25         A      Not inside, I didn't.
           



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        1         Q      What about outside?
           
        2         A      Outside I was screaming for anybody to
           
        3  help.
           
        4         Q      All right.  But for about a minute or so
           
        5  Mr. Schmid didn't do anything?
           
        6         A      That is correct.
           
        7         Q      All right.  So what then are you doing? 
           
        8  If I understand correctly, Ms. Santiago is trying to
           
        9  get Stephin, Mr. Schmid is basically watching for a
           
       10  minute or so; what are you doing?
           
       11         A      Outside Mr. Danago had hit me again
           
       12  around my eye.
           
       13         Q      All right.  Is that the same hit you
           
       14  mentioned a minute ago, you said he turned and hit you
           
       15  on the left side near your eye?
           
       16         A      Yeah, but he hit me so hard that it
           
       17  knocked me off of my feet, I flew about four feet, and
           
       18  knocked my shoes off of me, glasses off of me, and I
           
       19  landed on the sidewalk, and I was unable to get back
           
       20  up.
           
       21         Q      Mr. Danago hit you so hard you were
           
       22  knocked off your feet, knocked back four feet, and
           
       23  knocked out of your shoes?
           
       24         A      Sideways, and, yes, my shoes literally
           
       25  came off of my feet.
           



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        1         Q      What type of shoes were you wearing,
           
        2  ma'am?
           
        3         A      Like a sandal-type shoe.
           
        4         Q      Strap on, slip on?
           
        5         A      They had -- like a slip-on sandal.
           
        6         Q      What occurred after that?
           
        7         A      I still had the phone in my hand.  At
           
        8  that point I was --
           
        9         Q      Stop you for just a second.  I take it it
           
       10  is a cordless phone?
           
       11         A      Yes.  I know I still had the phone, and I
           
       12  was --
           
       13         Q      And this is after you have been hit?
           
       14         A      Yes, the second time.
           
       15         Q      All right.  Please continue.  
           
       16         A      And I think a teacher opened up the door
           
       17  and saw what was going on outside.  I had the phone, or
           
       18  the phone had flown out of my hand, and I asked her to
           
       19  please call 911, we needed help.  
           
       20                And he told -- Mr. Danago told his little
           
       21  boy, who was still crying, to run and get in the car.
           
       22         Q      Up to this point in time had any other
           
       23  physical contact occurred between yourself and
           
       24  Mr. Danago?
           
       25         A      No.
           



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        1         Q      All right.  So if I understand you
           
        2  correctly, he hit you once inside the office in the
           
        3  face on your right temple, once outside the office on
           
        4  the left side near your eye, correct?
           
        5         A      Right.  And after he had hit me and I had
           
        6  been thrown or knocked across the pavement, he did come
           
        7  back long enough to kick me in the back.
           
        8         Q      I'm not sure if I understood that.  Would
           
        9  you have been on the ground at that point?
           
       10         A      I was on the ground.
           
       11         Q      So after he hit you -- maybe I
           
       12  misunderstood.  I didn't realize you said earlier that
           
       13  you were knocked to the ground; is that your testimony?
           
       14         A      He hit me so hard that I flew off my feet
           
       15  and literally went about four feet before I came down
           
       16  on a concrete sidewalk, yes.
           
       17         Q      So you are laying on the ground at that
           
       18  point in time?
           
       19         A      Yes.
           
       20         Q      On your side, or your --
           
       21         A      On my side, on my right side.
           
       22         Q      And what exactly did Mr. Danago do at
           
       23  that point?
           
       24         A      He came back, or he hadn't gone that far.
           
       25  He kicked me in my back, in my kidneys.
           



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        1         Q      One time?
           
        2         A      I honestly don't -- I don't know how many
           
        3  times.
           
        4         Q      Did you see it?
           
        5         A      I felt it.
           
        6         Q      But you didn't see it?
           
        7         A      No.
           
        8         Q      Would you know whether or not it was his
           
        9  right foot or left foot?
           
       10         A      I don't know that.
           
       11         Q      Since you didn't see it, would you even
           
       12  know for certain that it was Mr. Danago?
           
       13         A      Yes.
           
       14         Q      How is it that you know that?
           
       15         A      Well, I saw him going away from me.
           
       16         Q      Did you see him approaching you?
           
       17         A      No, actually I did not.
           
       18         Q      So then you are basing it on the fact
           
       19  that you saw him walking away; is that accurate?
           
       20         A      Uh-huh (indicating affirmatively).  I
           
       21  turned my head and saw him going away, and there was
           
       22  nobody else there to kick me in the back.
           
       23         Q      Okay.  All right.  So now you described
           
       24  three physical contacts between yourself and
           
       25  Mr. Danago?
           



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        1         A      That's right.
           
        2         Q      Are there anymore?
           
        3         A      That I -- I can't really remember
           
        4  anymore, no.  I know there were more, but I cannot
           
        5  remember any other contact.
           
        6         Q      Okay.  Why is it you don't recall those;
           
        7  do you know?
           
        8         A      I don't know why.
           
        9         Q      All right.  So at this point in time you
           
       10  are on the ground, Mr. Danago, according to your
           
       11  testimony, is walking away, and he's told Stephin to
           
       12  jump in the car; is that accurate?
           
       13         A      To "run and get in the car".
           
       14         Q      Okay.  You remember those words
           
       15  specifically?
           
       16         A      Yes.
           
       17         Q      Is there a reason you remember those
           
       18  words so well?
           
       19         A      Yes.  Because if you open the gate you
           
       20  are within three or four feet of Sarno Road, and I
           
       21  definitely remember those words.
           
       22         Q      What took place next, ma'am?
           
       23         A      I was still laying on the ground, and I
           
       24  couldn't get up.  But I turned -- because I couldn't
           
       25  see out of this eye.  And I was watching from this eye.
           



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        1  I saw him --
           
        2         Q      By "this eye", you are indicating your
           
        3  right eye?
           
        4         A      My right eye, sorry.  At this point
           
        5  Maria, Stephin, and the little boy Stephin, who had
           
        6  already taken off and run and gotten in the car, 
           
        7  Mr. Danago grabbed Maria by her right arm, and I saw
           
        8  him jerking her back and forth by her arm.
           
        9         Q      Is there more, or are you stopping there?
           
       10         A      No.  I was waiting for you to write.
           
       11         Q      I thought you were pausing.  Please
           
       12  continue.  
           
       13         A      And reach down on -- I saw him reach
           
       14  down, but I didn't know why he was reaching down, but I
           
       15  later knew that he bit her.  
           
       16         Q      The way you said that, it sounds like
           
       17  somebody told you that.  You didn't actually see
           
       18  Mr. Danago bite --
           
       19         A      No.  I actually saw him go like this, so
           
       20  I assumed that he bit her.
           
       21         Q      Again, the court reporter can't pick up
           
       22  motions, so I guess what you are describing is you saw
           
       23  Mr. Danago's head or face go down towards --
           
       24         A      And his mouth go towards her arm, and in
           
       25  my business that usually means a bite is going to
           



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        1  occur.
           
        2         Q      Well, can you actually say that you saw
           
        3  Mr. Danago bite Ms. Santiago?
           
        4         A      No.
           
        5         Q      All right.  Where was it that you saw his
           
        6  mouth area going to exactly?  I know you said down
           
        7  towards her arm, but where specifically - wrist, elbow,
           
        8  hand?
           
        9         A      Between her fingers and her wrist.
           
       10         Q      All right.  And was this after the
           
       11  jerking that you described?
           
       12         A      Yes.
           
       13         Q      Okay.  And can you explain that a little
           
       14  better for me?  You said he grabbed her by her right
           
       15  arm and he jerked her back and forth; what do you mean
           
       16  by that?  
           
       17         A      He took ahold of her wrist and he jerked
           
       18  her back and forth, and I could see her arm twisting.
           
       19         Q      All right.  And you also mentioned a
           
       20  little while ago that you believe Ms. Santiago was
           
       21  trying to get Stephin; not Mr. Danago, but Stephin,
           
       22  correct?
           
       23         A      Earlier, earlier, because by this point
           
       24  Stephin was already in the car.
           
       25         Q      All right.  So at some point she left him
           



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        1  and went back towards Mr. Danago?
           
        2         A      Mr. Danago was trying to get out of the
           
        3  gate himself.
           
        4         Q      Okay.  But did Ms. Santiago go back
           
        5  towards Mr. Danago and leave her focus from Stephin,
           
        6  the child?
           
        7         A      No.  She was still following him. 
           
        8  Stephin had already been -- run and got in the car.
           
        9         Q      All right.  So would it be accurate to
           
       10  say that even though her attention was to Stephin she
           
       11  was never able to get control of him?
           
       12         A      She was never able to get Stephin, no.
           
       13         Q      And what took place, then, after the part
           
       14  where you saw Mr. Danago's face go towards 
           
       15  Ms. Santiago?
           
       16         A      He ran out the gate.
           
       17         Q      "He" being?
           
       18         A      Stephan Danago ran out the gate.
           
       19         Q      The father?
           
       20         A      The father.
           
       21         Q      Okay.  
           
       22         A      And tried to jumped through the passenger
           
       23  side window of the car.
           
       24         Q      Okay.  Where is Mr. Schmid at this point?
           
       25         A      At this point he is at the car and has
           



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        1  ahold of the father Stephan's left leg.
           
        2         Q      All right.  But if I understand that
           
        3  correctly, you are saying he didn't open the door, he
           
        4  actually tried to go in through the window?
           
        5         A      No, he did not open the door.  He jumped
           
        6  through the window.
           
        7         Q      The passenger-side window?
           
        8         A      The passenger-side window.
           
        9         Q      And then where is Stephin, the child?
           
       10         A      He's in the car.
           
       11         Q      Where in the car?
           
       12         A      He's in the front seat.
           
       13         Q      Passenger seat?
           
       14         A      He was in the driver's.
           
       15         Q      He's in the driver's seat?
           
       16         A      Uh-huh.  (Indicating affirmatively) 
           
       17         Q      And how did he get in the driver's seat?
           
       18  Did he just go in the driver's side door, or do you
           
       19  know?
           
       20         A      I don't know.
           
       21         Q      And where is Mr. Luis DeLeon?
           
       22         A      By now he's also out there trying to --
           
       23  he's got ahold of another leg, and they are trying to
           
       24  pull the man out of the car.
           
       25         Q      Another leg of Mr. Danago?
           



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        1         A      Yes.
           
        2         Q      And Mr. Dutt, where is he?
           
        3         A      Okay.  Now, they very quickly -- Luis
           
        4  DeLeon and Eric Dutt, between the two of them, at all
           
        5  times one of them had ahold of a leg and the other
           
        6  person was trying to reach through the passenger side
           
        7  of the car to grab the car keys, because the keys were
           
        8  in the car.
           
        9         Q      All right.  Now, you say "at all times";
           
       10  when exactly did Dutt and DeLeon arrive?
           
       11         A      After I -- after I was hit and on the
           
       12  ground and a teacher saw me, came out, and called the
           
       13  police.  She also ran and got the two male teachers
           
       14  that were on staff at the time.
           
       15         Q      Who are the two male teachers?
           
       16         A      Luis DeLeon and Eric Dutt.
           
       17         Q      What is Mr. Schmid's position with the
           
       18  school?
           
       19         A      He was the owner of the day care.
           
       20         Q      Was; is he no longer?
           
       21         A      No.
           
       22         Q      So if I understand that correctly, from
           
       23  the point in time where you are knocked down on the
           
       24  ground -- well, actually prior to that Mr. Schmid is
           
       25  already out there, correct?
           



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        1         A      Yes.
           
        2         Q      All right.  And then from that point in
           
        3  time when you are knocked to the ground Mr. Dutt and
           
        4  Mr. DeLeon are out there, as well?
           
        5         A      Yes.
           
        6         Q      So now we have Mr. Schmid, Mr. Dutt, and
           
        7  Mr. DeLeon, yourself, and Ms. Santiago; five people?
           
        8         A      Right.
           
        9         Q      Is anyone else present?
           
       10         A      I can't recall.  I don't remember.
           
       11         Q      Now the five of you, would it be fair to
           
       12  say, are all focused on Mr. Danago now that Stephin is
           
       13  in the car?
           
       14         A      Well, I had never gotten up off the
           
       15  ground, so I would say the four of them were focused on
           
       16  trying to prevent Stephin, the father, from getting in
           
       17  the car and taking off with the child.
           
       18         Q      All right.  So I think you said that
           
       19  between Mr. Dutt and Mr. DeLeon, one of them -- both of
           
       20  them pretty much always had the legs, Mr. Schmid was
           
       21  trying to get the keys, and Ms. Santiago is doing what?
           
       22         A      I honestly, I don't remember.
           
       23         Q      All right.  How long were you laying on
           
       24  the ground, ma'am?
           
       25         A      A few minutes.  And I can't be anymore
           



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        1  precise than that.  I don't honestly know how much time
           
        2  passed.
           
        3         Q      Definitely more than a minute?
           
        4         A      More than a minute.
           
        5         Q      Definitely more than two minutes?
           
        6         A      Two or three minutes, four minutes.  I
           
        7  really cannot honestly -- I honestly don't know the
           
        8  answer to that.
           
        9         Q      Okay.  And this may seem like a simple
           
       10  question, but I don't know until you answer it, why
           
       11  were you on the ground for so long?
           
       12         A      I couldn't get up.
           
       13         Q      Because of?
           
       14         A      Because I couldn't see and because I was
           
       15  in a lot of pain.
           
       16         Q      Pain caused from what, exactly?
           
       17         A      My back, my legs, my face.
           
       18         Q      What had happened to your legs, ma'am?
           
       19         A      I landed on concrete.
           
       20         Q      So that's what caused the pain to your
           
       21  legs?
           
       22         A      Uh-huh.  (Indicating affirmatively) 
           
       23         Q      All right.  So now that Mr. Dutt, 
           
       24  Mr. DeLeon, and Mr. Schmid are going after Mr. Danago,
           
       25  and Ms. Santiago is around, as well, what else took
           



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        1  place?  At this point apparently he's trying to climb
           
        2  through the window?
           
        3         A      Uh-huh.  (Indicating affirmatively) 
           
        4         Q      At some point he actually did get off the
           
        5  property; how did that occur?
           
        6         A      Either Luis or Eric, and I'm not sure --
           
        7  Luis DeLeon or Eric Dutt, one, reached in the car and
           
        8  pulled little Stephin, the child, out of the car, and
           
        9  the senior Stephan got in the car and took off.
           
       10         Q      All right.  So Stephin, he wasn't -- the
           
       11  car door wasn't opened when he was removed, he was
           
       12  pulled through the window?
           
       13         A      Pardon me.
           
       14         Q      Stephin, the child, he was actually
           
       15  pulled through the window?
           
       16         A      Yes.
           
       17         Q      But you don't recall specifically who did
           
       18  that?  
           
       19         A      I don't know.  It was either Luis DeLeon
           
       20  or Eric Dutt.  
           
       21         Q      So the other one, either Luis DeLeon or
           
       22  Eric Dutt, and Mr. Schmid and Ms. Santiago, are they
           
       23  still holding Mr. Danago?
           
       24         A      No.  Once the child was out of the car,
           
       25  they let him go.
           



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        1         Q      Everybody just let go of him?
           
        2         A      Yes.
           
        3         Q      And during that time, when Mr. Schmid,
           
        4  Mr. Danago, and Mr. Dutt, and Ms. Santiago were trying
           
        5  to hold him in the car, whatever they were doing, what
           
        6  is Mr. Danago doing - is he hitting, swinging, biting,
           
        7  just trying to pull away; how would you describe what
           
        8  he is doing?
           
        9         A      I wasn't watching what he was doing, so I
           
       10  don't know.
           
       11         Q      All right.  So you were just watching
           
       12  what the other people were doing?
           
       13         A      I was focusing on what was happening to
           
       14  that little boy, to Stephin.
           
       15         Q      I mean, you are saying that you could see
           
       16  more or less what the other people were doing.  So why
           
       17  was it you couldn't tell what Mr. Danago was doing at
           
       18  that point in time?
           
       19         A      Well, he was laying halfway through a
           
       20  window, and all I could really see was from his butt to
           
       21  his feet.  So what he was doing with his arms and face,
           
       22  and everything, I couldn't --
           
       23         Q      Based on what you saw, would it be fair
           
       24  to say that he wasn't being aggressive towards them, he
           
       25  wasn't trying to attack them in any way, he was trying
           



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        1  to get away?
           
        2         A      I don't know if he tried to attack any of
           
        3  the men that were there.
           
        4         Q      You didn't see him try to hit any men,
           
        5  did you?
           
        6         A      I personally did not see him try to hit
           
        7  any of the men.
           
        8         Q      And you didn't see him try to kick any of
           
        9  them, bite any of them, anything like that?
           
       10         A      I saw his feet kicking up and down, but I
           
       11  don't know if he was trying to kick them or not, no.
           
       12         Q      Based on everything that occurred, did
           
       13  you receive any injuries?
           
       14         A      Yes, I did.
           
       15         Q      Could you tell me what those were,
           
       16  please?
           
       17         A      I had concussions, contusions.
           
       18         Q      You said "concussions", and I'm not a
           
       19  doctor --
           
       20         A      Concussion.
           
       21         Q      Okay, that's what I was going to ask. 
           
       22  It's only possible to have one, right?
           
       23         A      Right.
           
       24         Q      I'm sorry.  After "concussion" what did
           
       25  you say, ma'am?
           



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        1         A      Contusions.
           
        2         Q      Where?
           
        3         A      I had my arms, my back.
           
        4         Q      Both arms?
           
        5         A      This arm, I believe.
           
        6         Q      Left arm?
           
        7         A      I believe only this arm.
           
        8         Q      So your left arm, your back; is that
           
        9  correct?
           
       10         A      My back.
           
       11         Q      Where else?
           
       12         A      My legs.
           
       13         Q      Both legs?
           
       14         A      No.  My right -- from my hip all the way
           
       15  down to my knee.
           
       16         Q      On your right leg?  
           
       17         A      Yes.
           
       18         Q      Any other contusions?
           
       19         A      My face.
           
       20         Q      Near your left eye?
           
       21         A      The entire area around my eye.
           
       22         Q      Any other contusions?
           
       23         A      I don't think so.
           
       24         Q      All right.  Any other injuries?
           
       25         A      Swelling of the eyes.  I couldn't see.
           



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        1         Q      Of both eyes?
           
        2         A      No.  Just my left eye.
           
        3         Q      All right.  Any other injuries?
           
        4         A      Yes.  I was bleeding from my kidneys.
           
        5         Q      I take it you went to a doctor?
           
        6         A      I was taken -- I went to the hospital,
           
        7  yes.
           
        8         Q      Right after the incident?
           
        9         A      Yes.
           
       10         Q      Were you admitted to the hospital, or did
           
       11  you just go to the emergency room; what did you do?
           
       12         A      No, I was not admitted to the hospital.
           
       13         Q      Just treated at the emergency room and
           
       14  released?
           
       15         A      Treated at the hospital and released, and
           
       16  told to follow up the very next day.
           
       17         Q      And in regards to follow-up, what did you
           
       18  have to do?
           
       19         A      I saw my family practitioner, and an
           
       20  orthopedic surgeon, an optometrist, psychiatrist.
           
       21         Q      Medication?
           
       22         A      I was given something for pain, and I
           
       23  can't remember what it was.
           
       24         Q      How long were you being treated, ma'am?
           
       25         A      Pardon me?  
           



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        1         Q      How long were you being treated, as far
           
        2  as either doctor visits or medication?
           
        3         A      A month.  But I still see one doctor.
           
        4         Q      You still do to this day?
           
        5         A      Yes, I do.
           
        6         Q      What doctor was that, or is that?
           
        7         A      Dr. Hunt.
           
        8         Q      What does Dr. Hunt do for you?
           
        9         A      Dr. Hunt is a psychiatrist.
           
       10         Q      And why are you seeing a psychiatrist,
           
       11  ma'am?
           
       12         A      Post-traumatic stress syndrome and severe
           
       13  panic disorder.
           
       14         Q      By what took place on July 30th?
           
       15         A      The post-traumatic stress syndrome, yes.
           
       16         Q      Were you aware on July 30th of any
           
       17  injuries to Stephin?  Involving the child, were you
           
       18  aware of any injuries that had occurred to him either
           
       19  that day or previously while at the day care?
           
       20         A      I wasn't aware on that day, no, sir.
           
       21         Q      Did you observe any injuries to the
           
       22  child?
           
       23         A      No, sir.
           
       24         Q      Didn't observe any cuts to his lip, or
           
       25  anything like that?
           



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        1         A      I remember his father, Stephan, saying
           
        2  that he had a cut.  And I know I looked at the child
           
        3  and I didn't -- I didn't see any swelling or anything.
           
        4         Q      All right.  You looked at Stephin that
           
        5  day after Mr. Danago mentioned it, and you didn't see
           
        6  any injuries?
           
        7         A      Right.
           
        8         Q      Did Mr. Danago mention to you that he was
           
        9  there to give Stephin medication?
           
       10         A      No, sir.
           
       11         Q      He never mentioned that to you?
           
       12         A      No, sir.
           
       13         Q      Did you observe any problems with
           
       14  Stephin's eyes?
           
       15         A      No, no, sir.  
           
       16                MR. PARKER:  "Stephin" the child?  
           
       17                MR. ALBERT:  Correct.  
           
       18                THE WITNESS:  No, sir.
           
       19                MR. ALBERT:  It may be a little late at
           
       20         this point in time, but I'm saying "Stephin"
           
       21         every time for the child and "Mr. Danago" for
           
       22         the father, just to make it clear.
           
       23  BY MR. ALBERT:  
           
       24         Q      You didn't observe any injuries to
           
       25  Stephin or any problem with his eyes?
           



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        1         A      No, sir.
           
        2         Q      And Mr. Danago, to your recollection,
           
        3  never said anything to you about injuries -- well, I'm
           
        4  sorry, he did mention his lip; is that correct?
           
        5         A      He didn't mention it to me.
           
        6         Q      Did not mention it to you?
           
        7         A      Did not mention it to me.
           
        8         Q      He never said to you that there were
           
        9  injuries on Stephin's lip that day?
           
       10         A      No, sir.
           
       11         Q      Did he mention any injuries on prior
           
       12  occasions?
           
       13         A      Not to me.
           
       14         Q      And on this day, did he say anything
           
       15  about having medication for Stephin?
           
       16         A      No, sir, he did not.
           
       17         Q      If he had, would that have changed
           
       18  anything from your perspective in any way?
           
       19         A      If he would have mentioned that he was
           
       20  there to give him medicine, would that have 
           
       21  changed. . .
           
       22         Q      What you would have done as far as
           
       23  policies and procedures.  If Mr. Danago came to you and
           
       24  said, "I have some medication for Stephin," what, if
           
       25  anything, would you have done?
           



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        1         A      I would still have had to verify with the
           
        2  mother that it was okay to give that child that
           
        3  medicine.  And I also would have had to have had a
           
        4  doctor's note.  We don't dispense any medication to any
           
        5  child without a fax or a note from a doctor.
           
        6         Q      And today what are your feelings towards
           
        7  Mr. Danago?  
           
        8                MR. PARKER:  I'm going to object to that,
           
        9         and I'm going to suggest that unless you really
           
       10         want to talk about that, you don't have to
           
       11         answer that question.  
           
       12                THE WITNESS:  I would rather not.  
           
       13                MR. PARKER:  Okay.  
           
       14                MR. ALBERT:  And Mr. Parker can certainly
           
       15         object, but as he indicated, you can answer the
           
       16         question, if you like.  He's not your attorney,
           
       17         he is the attorney for the State Attorney's
           
       18         Office.  In theory, we could certify the
           
       19         question for the judge.  
           
       20                MR. PARKER:  Let's do, because I'm
           
       21         instructing her not to answer that question at
           
       22         this point in time.
           
       23                MR. ALBERT:  All right, and I just want
           
       24         to finish this.  And if he says you have to
           
       25         answer the question, we'd have to come back and
           



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        1         do this again and may potentially put costs
           
        2         against you for the additional service for the
           
        3         court reporter.  
           
        4                And, again, I'm not going to make you
           
        5         answer the question, I'm just going to ask it. 
           
        6         I would appreciate it if you would answer it,
           
        7         but as Mr. Parker indicated, you don't have to
           
        8         at this time.  
           
        9                MR. PARKER:  Let me make sure my
           
       10         objection is clear.  It is irrelevant to any
           
       11         fact or issue in this case.  Second of all, it
           
       12         calls for your personal feelings regarding what
           
       13         your personal feeling is towards this person or
           
       14         what you should want to happen.  
           
       15                I'm instructing you not to answer that
           
       16         question, because the two prongs.  And I am
           
       17         suggesting that as an operative of the State of
           
       18         Florida, I don't believe the judge is going to
           
       19         tax any costs against you.  
           
       20                The bottom line is, though, he may find
           
       21         me in contempt for ordering you not to, but
           
       22         right now the bottom line is that, unless you
           
       23         want to discuss the appropriate sentence or your
           
       24         personal feeling about a person who's, based on
           
       25         your testimony, has attacked you, you don't have
           



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        1         to do that.  
           
        2                So, ultimately, the decision is yours,
           
        3         and I'm letting you know that.  But I wouldn't
           
        4         worry about it, unless you want to answer it.  
           
        5                And keep in mind this, we are always
           
        6         looking for a way to resolve a case.  We are
           
        7         always looking for a way.  In this case I can
           
        8         assure you I have offered Mr. Albert and his
           
        9         firm absolutely no negotiations and resolution
           
       10         of this case.  It's going to be a trial in my
           
       11         opinion, or its going to be a plea to The Court.
           
       12                What the victims feel about the
           
       13         resolution of a case carries great weight with
           
       14         us, with the State Attorney.  Certainly you are
           
       15         going to be consulted all the way down the line.
           
       16         If you feel like discussing that right now, if
           
       17         you feel like talking about it, if you want to
           
       18         talk with Mr. Albert about it --
           
       19                THE WITNESS:  I don't want to talk about
           
       20         it.
           
       21                MR. ALBERT:  Actually, that's exactly the
           
       22         reason I asked the question, because I do think
           
       23         it's important what the victims want, and
           
       24         clearly you would be considered a victim in this
           
       25         case, so that's what I want to know what your
           



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        1         opinions are.  Personally, I think it's a very
           
        2         appropriate question.  As a deposition,
           
        3         relevance really isn't a founded objection for
           
        4         this.  Again, you can answer the question if you
           
        5         choose, and that's the reason I'm asking it,
           
        6         because I think your opinion is important.  
           
        7                MR. PARKER:  Just so we are clear, the
           
        8         rule is very clear that you can ask any
           
        9         question calculated to get relevant evidence. 
           
       10         Her personal feeling about this person is, in my
           
       11         opinion, not calculated to get relevant
           
       12         evidence, and so I'm not sure I agree with you
           
       13         on that.
           
       14                MR. ALBERT:  All right.  I think we can
           
       15         probably put an end to the legal argument.  I'm
           
       16         going to ask you the question one more time, and
           
       17         I will tell you why I'm asking it, and you can
           
       18         answer it or not answer it.  
           
       19                My question for you is what your feelings
           
       20         are toward Mr. Danago at this point in time. 
           
       21         The reason I'm asking that is because I think
           
       22         it's important and relevant as to what should
           
       23         happen with this case.  Knowing that, would you
           
       24         like to answer the question?       
           
       25                THE WITNESS:  I don't want to answer that
           



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        1         question.
           
        2  BY MR. ALBERT:  
           
        3         Q      Could I ask you why?  
           
        4                MR. PARKER:  No.  That's becoming
           
        5         harassing.  Do you have any further questions? 
           
        6                MR. ALBERT:  No, I don't.  
           
        7                MR. PARKER:  Okay.  Thank you for coming.
           
        8         She's going to type this up, we are going to let
           
        9         her know that you want to read this.  And what
           
       10         that means is she will contact you and she will
           
       11         let you know when she has it all done and you
           
       12         will have to come to her office to read it.  
           
       13                If you don't wish to do that, you can
           
       14         tell her at that time that you waive the
           
       15         reading, and I can assure Mr. Albert and I will
           
       16         both provide you an opportunity to refresh your
           
       17         recollection with the transcript.  
           
       18                You have to elect to either read it or
           
       19         waive the reading, but you have to make that
           
       20         election now.  
           
       21                MR. ALBERT:  Entirely up to you.  I don't
           
       22         think either Mr. Parker or myself is concerned
           
       23         with what you do in that regard.  
           
       24                MR. PARKER:  My suggestion is you waive
           
       25         it.  
           



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        1                THE WITNESS:  I will waive it.  
           
        2                (Whereupon, the taking of the deposition
           
        3         was concluded at 2:25 p.m., and the reading and
           
        4         signing of said deposition were waived.)
           
        5  
           
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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 16th 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                     MARILYN WILLIAMS
           
        9               personally appeared before me
           
       10                    and was duly sworn.
           
       11  
                      WITNESS MY HAND AND OFFICIAL SEAL
       12  
                       this 16th 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