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HHD-CV09-5033925S : SUPERIOR COURTHHD-CV09-5033926S
VILLAGES, LLC : JUDICIAL DISTRICTOF HARTFORD
V. : AT HARTFORD, CONNECTICUT
ENFIELD PLANNING & ZONING : APRIL 3, 2012COMMISSION
BEFORE THE HONORABLE RICHARD M. RITTENBAND, JUDGE
A P P E A R A N C E S:
Representing the Plaintiff:
ATTORNEY GWENDOLYN BISHOP27 South Main StreetWindsor Locks, CT 06096
ATTORNEY PAUL TIMOTHY SMITH27 South Main StreetWindsor Locks, CT 06096
Representing the Defendant:
ATTORNEY KEVIN DENEEN820 Enfield StreetEnfield, Connecticut 06082
ATTORNEY MARIA ELSDEN820 Enfield StreetEnfield, Connecticut 06082
Recorded by: Peggy Criscuolo
Transcribed by: Peggy CriscuoloCourt Recording MonitorsHartford Superior Court101 Lafayette StreetHartford, CT 06106
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THE COURT: Please be seated. Take your time we1
are ten minutes early. Let me know when youre2
ready.3
(off the record)4
THE CLERK: For the record, Plaintiffs Exhibits5
1, 2 and 3 are full exhibits. All set, your Honor.6
THE COURT: Are you ready?7
ATTY. DENEEN: Yes.8
THE COURT: If you need more time go ahead and9
take it, were starting early as it is so.10
ATTY. DENEEN: Just one minute longer?11
THE COURT: Sure.12
ATTY. DENEEN: Thank you. All set, your Honor,13
thank you.14
THE COURT: For the record, this is the case of15
Villages, LLC verses Enfield Planning and Zoning16
Commission, 09-5033925 and Villages, LLC verses17
Enfield Planning and Zoning Commission 09-5033926.18
Counsel, please identify yourselves, for the19
record?20
ATTY. BISHOP: Good morning, your Honor,21
Attorney Gwendolyn Bishop for the Plaintiff. With me22
is Attorney Paul Timothy Smith.23
ATTY. DENEEN: Attorney Kevin Deneen, for the24
Defendant, together with Maria Elsden from the Town25
Attorneys Office, also.26
THE COURT: Its nice to see you Attorney Deneen27
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when were not involved with some police officers for1
a change.2
ATTY. DENEEN: Its nice to be into some run of3
the mill stuff, your Honor, I suppose.4
THE COURT: For those of you in the audience5
that dont know it, I used to be Town Attorney in6
South Windsor off and on for nine years, depending on7
which party was in power. And that was approximately8
twenty years ago, Ive been on the bench for twenty.9
So, I do have some interest in zoning.10
Attorney Bishop, do you want to establish11
aggrievement?12
ATTY. BISHOP: Yes, your Honor, we would have13
our first witness, Mr. David Frederick for that14
purpose.15
THE COURT: Okay.16
(witness sworn in)17
THE CLERK: Would you state your name for the18
record, spelling your last name, please?19
THE WITNESS: Yes, David J. Fredrick, F r e d r20
i c k.21
THE CLERK: And would you state your address for22
the record please, sir?23
THE WITNESS: 2 Mulberry Lane, Enfield,24
Connecticut.25
THE COURT: Go ahead.26
ATTY. SMITH: Thank you, your Honor.27
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D A V I D J. F R E D R I C K, having been sworn, was1
examined, and testified under oath as follows:2
DIRECT EXAMINATION BY ATTY. SMITH:3
Q Mr. Fredrick, can you tell the Court how old you are?4
A Im seventy-years-old.5
THE COURT: Seventy?6
THE WITNESS: Seventy.7
THE COURT: I didnt hear the 8
THE WITNESS: Seven, zero.9
THE COURT: It sounded like seven, but go ahead.10
I knew that couldnt be true.11
BY ATTY. SMITH:12
Q And what is your occupation?13
A Im a real estate developer.14
Q And what did you do before you became a real estate15
developer?16
A High school senior English teacher.17
Q How many years did you teach English?18
A About nineteen.19
Q Was that in the Town of Enfield?20
A Enfield High School.21
Q Are you married?22
A I am married.23
Q And how many children do you have?24
A I have two children.25
Q Do you represent the Plaintiff in this case,26
Villages, LLC?27
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A I do.1
Q And did you represent the Plaintiff before the2
Planning and Zoning Committee in the Town of Enfield?3
A Yes.4
Q Did you represent the Plaintiff before the Inland5
Wetlands Authority in the Town of Enfield?6
A Yes.7
Q And have you represented the Plaintiff in this case8
before additional town staff and town agencies?9
A I have.10
Q And do you manage the day-to-day business of the11
Plaintiff, Villages, LLC?12
A Yes.13
Q And are you familiar with the assets held by the14
Plaintiff?15
A Yes.16
Q Does the Plaintiff own property in the Town of17
Enfield?18
A Yes.19
THE COURT: Are you a member of Villages, LLC?20
THE WITNESS: My wife is, your Honor.21
THE COURT: Your wife?22
THE WITNESS: Yes.23
ATTY. SMITH: May I have Exhibit 1?24
BY ATTY. SMITH:25
Q Exhibit 1 is marked as a full exhibit. Mr. Fredrick,26
can you identify this exhibit for the Court?27
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A This is a deed to my wifes co-interest in Simon1
Road.2
Q And when did the Plaintiff purchase this parcel of3
land?4
A It was in June 07.5
Q And does the Plaintiff still own this parcel of land?6
A Yes.7
Q And is this parcel part of the subject application?8
A Yes.9
THE COURT: This is 87 Simon Road?10
THE WITNESS: Yes.11
ATTY. SMITH: Your Honor, for clarification12
there are several separate parcels that comprise the13
subject application.14
And there is always some confusion between what15
the Assessor has for 87 Simon Road, but its all in16
that general vicinity right there, which is commonly17
known as 87 Simon Road.18
THE COURT: Okay.19
ATTY. SMITH: The Assessor assigns different --20
the Tax Collector has different codes for of these21
three parcels.22
THE COURT: But youre familiar with the land23
that is subject of this zoning case?24
THE WITNESS: I am, yes.25
THE COURT: And this is the deed, there are two26
deeds.27
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ATTY. SMITH: Three deeds, your Honor.1
THE COURT: Three. So it is. There are three2
deeds and hes going to go over the next two; and did3
these convey to Villages, LLC?4
THE WITNESS: Yes.5
THE COURT: The land that is subject of the6
application for the zoning in this case?7
THE WITNESS: Thats correct.8
THE COURT: Okay.9
ATTY. SMITH: Your Honor, the third deed is10
under option. Theres a very tiny slip of .8 acres11
and there is an option agreement, which is an12
exhibit, which I would hope to make full to fully13
prove the aggrievement.14
BY ATTY. SMITH:15
Q But to go through the course, Im handing you, Mr.16
Fredrick, what has been marked as a full exhibit, Exhibit 217
can you identify for the Court what this exhibit is?18
A This is a warranty deed also conveying a parcel of19
land on Simon Road to Villages, LLC.20
Q And when did the Plaintiff purchase this parcel?21
A June 07.22
Q And does the Plaintiff still own this parcel?23
A Yes.24
Q And is this parcel part of the subject application?25
A Yes.26
ATTY. SMITH: May I have Exhibit 3?27
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BY ATTY. SMITH:1
Q Im handing you whats been marked as a full exhibit,2
Exhibit 3; can you identify for the Court what Exhibit 3 is?3
A Yes, this is the third parcel of approximately .84
acres and its an agreement between Frank Legienza and5
Villages.6
Q I think youre referring to a different exhibit,7
unfortunately.8
A Oh.9
Q This is a quit claim deed; right? And does it convey10
property from Frank Legienza to a trust created by Mr.11
Legienza?12
A Yes, Im sorry. Thats correct.13
Q And attached to this deed is a schedule, Schedule A14
of property, and if you look at the third-page, which is15
parcel 3; is that parcel 3 the parcel of land which16
Villages, LLC has an option to purchase?17
A Thats correct.18
Q And is that parcel 3, listed in Schedule A, part of19
the subject application?20
A Yes, it is.21
THE COURT: Okay. All of this property is the22
same property that is owned or has an option for the23
property that is subject of the Plaintiffs24
application for a subdivision waivers and what was25
the other 26
ATTY. BISHOP: Special use permit.27
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THE COURT: Special use permit, thank you.1
THE WITNESS: Thats correct.2
THE COURT: Thank you.3
BY ATTY. SMITH:4
Q And in total the three parcels of land which we just5
described found in Exhibit 1 and in Exhibit 2 and partly in6
Exhibit 3 thats the parcel 3 of Schedule A, comprise the7
entire area, which is the subject of this application?8
A Thats correct.9
ATTY. SMITH: I will be very brief. May I have10
Exhibit 4?11
BY ATTY. SMITH:12
Q Im handing you what has been marked as Exhibit 4 for13
identification. Can you describe to the Court what this14
exhibit is?15
A This is the this is the small parcel of land that16
the Village has agreed to buy from Frank Legienza. Its17
approximately eight-tenths of an acre.18
Q And are you familiar with this agreement?19
A I am.20
Q And is this did you sign this agreement anywhere?21
A I did sign this agreement, as a witness for the22
signatures of Diane Fredrick, who is a member of the LLC and23
Jeannette Tallarita, also, a member of the LLC.24
ATTY. SMITH: Id like to offer it as a full25
exhibit.26
ATTY. DENEEN: No objection, your Honor.27
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THE COURT: Okay. Plaintiffs 4.1
BY ATTY. SMITH:2
Q And, again, handing you Plaintiffs Exhibit 4, which3
has been marked as a full exhibit; is this an option4
agreement for Villages, LLC to purchase that very tiny .85
acre piece that tiny silver, which is a part of the subject6
application?7
A Yes.8
ATTY. SMITH: I dont have any further questions9
of you, Mr. Fredrick.10
THE COURT: Attorney Deneen, do you wish to11
cross?12
ATTY. DENEEN: Just a couple of questions.13
CROSS-EXAMINATION OF MR. FREDRICK BY ATTY. DENEEN:14
Q With regard to the land purchase agreement, Mr.15
Fredrick, does that option contemplate that a final purchase16
contract would be later drawn up?17
A We would close on that property, when the Villages18
was approved for the subdivision on Simon Road.19
Q What would happen then?20
A We would execute the option.21
Q And did that contemplate that a full contract would22
be drawn up at that point?23
ATTY. DENEEN: If I could see Exhibit 4, please?24
Can I approach, your Honor?25
THE COURT: You may.26
BY ATTY. DENEEN:27
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Q Directing your attention toward the bottom of that1
land purchase, Exhibit 4; does it contemplate that a final2
purchase contract would be drawn up prior to closing this3
purchase of this property?4
A It reads, "as read": Final purchase contract,5
promissory note and mortgage deed to be prepared by buyers6
attorney and approved by sellers attorney three-days before7
the closing.8
Q And to your knowledge has that ever been done?9
A It has not been executed.10
ATTY. DENEEN: Nothing further, your Honor.11
THE COURT: Any re-direct?12
RE-DIRECT-EXAMINATION OF MR. FREDRICK BY ATTY. SMITH:13
Q Mr. Fredrick, is this option to purchase land from14
Mr. Legienzas trust, is that option still alive and well?15
A Yes.16
Q So you could, if this is approved, then exercise your17
option to purchase that land?18
A Thats correct.19
ATTY. SMITH: Thank you. No further questions.20
THE COURT: Anything further?21
ATTY. DENEEN: No, sir.22
THE COURT: Do you have any objection to the23
aggrievment?24
ATTY. DENEEN: No, your Honor.25
THE COURT: Okay. I ask this question because I26
got snookered on a case where it turned out, after27
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all representations by the Plaintiff, that they1
didnt own the property.2
Okay. Do you want to present witnesses?3
ATTY. BISHOP: Yes, your Honor.4
THE COURT: The Court finds that aggrievement5
has been shown since it is the property that is6
subject to the application and owned by the7
Plaintiff.8
ATTY. BISHOP: Thank you, your Honor.9
THE COURT: I have about ten or twelve10
questions, but I think the way we ought to proceed11
here is hear from the witnesses and then Ill ask the12
questions. And if you still have some argument after13
youve answered the questions, then Ill hear that.14
ATTY. DENEEN: Thats fine, your Honor.15
THE COURT: And you can file post trial briefs,16
if you wish to.17
ATTY. BISHOP: Thank you, very much, your Honor.18
THE COURT: That was already agreed to?19
ATTY. DENEEN: It was reserved as we were in the20
various status conferences with --21
THE COURT: Judge Graham?22
ATTY. DENEEN: Judge Graham. He indicated that23
it would be whoever heard the cases call, but that he24
wouldnt rule on that one way or another prior to our25
being here.26
THE COURT: Well, I dont have a problem. It27
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depends on what the witnesses say; the response to1
the questions I have. I hope its going to narrow2
down the issues here.3
And then I have some questions, which depending4
upon how theyre answered, could knock-out this5
application.6
I have some questions, which depending upon how7
its answered could make sure that the application is8
approved. So, I think you might want to speak to9
those in writing.10
ATTY. DENEEN: I think that would probably be a11
12
ATTY. BISHOP: That sounds prudent, your Honor.13
Wed like the opportunity.14
THE COURT: Youre not limited -- somewhere in15
the file there is an indication that after the16
witnesses testify on the issue of bias that you can17
file briefs. But Im not limiting you to the bias18
you can file briefs on anything you want.19
Although, try to make it less than thirty-pages20
this time. I spent like a whole day reading them.21
And Ive even read some of the cases, which I have22
here.23
Im glad to see that you have taken cases that24
have not yet reached the bound books. Go ahead.25
ATTY. BISHOP: Your Honor, we would call Lori26
Longhi.27
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THE COURT: Okay.1
(witnesses sworn in)2
THE CLERK: Would you state your name for the3
record, spelling your last name?4
THE WITNESS: Lori Longhi, L o n g h i.5
THE CLERK: And would you state your address for6
the record, please?7
THE WITNESS: 1427 Enfield Street, E n f i e l8
d, Enfield, Connecticut.9
THE CLERK: Thank you. You may be seated.10
THE COURT: Welcome to Hartford.11
THE WITNESS: Thank you.12
THE COURT: Just so you know, the microphone is13
strictly for recording purposes. So, speaking into14
the microphone will not go through the courtroom, so15
if you could keep your voice up.16
THE WITNESS: Okay.17
18
19
20
21
* * * * *22
23
24
25
26
27
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L O R I L O N G H I, having been sworn, was examined, and1
testified under oath as follows?2
DIRECT EXAMINATION BY ATTY. BISHOP:3
Q Good morning, Ms. Longhi. Can you please state your4
age, for the record?5
A Ill be fifty this year.6
Q And what is your occupation?7
A Um Im a real estate appraiser.8
Q And how long have you been doing that?9
A Um eleven years.10
Q And what is your marital status?11
A Im married.12
Q And do you currently serve on the Enfield Planning13
and Zoning Commission?14
A Yes, I do.15
Q Okay. And how long have you served on the16
Commission?17
A I think it was in February of 09 that I got on the18
Board.19
Q Okay. And did you sit on the Commission while the20
Villagess applications were pending before it?21
A Yes.22
Q And you voted on those applications?23
A Yes.24
Q Do you know personally know Pat Tallarita?25
A Yes.26
Q And do you know his wife, Jeannette?27
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A Yes.1
Q And 2
THE COURT: Did you say, Gena?3
ATTY. BISHOP: Jeannette.4
THE COURT: Jeannette.5
BY ATTY. BISHOP:6
Q And is Mr. Tallarita present here today in the7
courtroom?8
A Yes, he is.9
Q You currently reside on the same street as Pat and10
Jeannette Tallarita, do you not?11
A Yes.12
Q And do you live in a house on the street?13
A Yes.14
Q Okay. And thats in Enfield?15
A Yes.16
Q And the house you live in is across the street from17
the Tallaritas?18
A Yes.19
Q And its also, I understand, four or five houses down20
the street?21
A Yes.22
Q So you would consider yourself neighbors?23
A Yes.24
Q Okay. And you and your husband have spent time25
socially with the Tallaritas in the past; correct?26
A Yes.27
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Q And youve all gotten together for drinks?1
A Yes.2
Q And youve had dinner together?3
A Yes.4
Q And thats happened multiple times?5
A Yes.6
Q Okay. In the past?7
A Yes.8
Q And youve gone to parties at the Tallaritas house?9
A Yes.10
Q And the Tallaritas have also invited you to their11
home as well?12
A What was that, Im sorry?13
Q The Tallaritas have invited you and your husband to14
their home?15
A Yes.16
Q But you didnt have dinner with the Tallaritas while17
the Villagess applications were pending before the18
Commission, did you?19
A No.20
Q Okay. And you didnt go to the Tallaritas house for21
a party while the applications were pending?22
A No.23
Q And you didnt invite the Tallaritas to your house24
while these applications were pending?25
A Correct.26
Q Okay. So you basically didnt engage in these types27
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of social activities while these applications were pending;1
is that fair?2
A Correct.3
Q And the year prior to the applications being filed4
that would be 2008, did you have drinks with the Tallaritas5
during 2008?6
A I dont believe so.7
Q Okay. And did you have dinner together?8
A I dont believe so.9
Q And did you go to a party at the Tallaritas house in10
2008?11
A I dont believe we did.12
Q And did you invite the Tallaritas to your home in13
2008?14
A I dont believe so.15
Q And so you didnt engage in these types of social16
activities the year before the applications were filed17
either?18
A Correct.19
Q Now the year before that, that would be 2007, did you20
engage in any of these social activities with the Tallaritas21
in 2007?22
A I dont remember the last time we did, so I couldnt23
be specific.24
Q Did you engage in these activities in 2004?25
A I dont know. I have no idea.26
Q How long have you lived at your current address?27
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A In the 90s. I want to think we moved in when my1
daughter went to sixth grade, I think it was in the 90s.2
Q And do you recall when you first became socially3
active with the Tallritas?4
A I dont remember. I know that the kids went to5
school. Um I know that my son played on baseball and6
thats where we started to you know, just see them.7
Q With one of he Tallaritas children?8
A Yes.9
Q Okay. Is it fair to say that you had been friends10
and engaged in these social activities with the Tallaritas11
in the past, but all of that had stopped prior to the12
Villagess application being filed in 2009?13
A Im not sure I dont know exactly what youre14
asking?15
Q I can repeat it. Is it fair to say that you engaged16
in these social activities youve been testifying about with17
the Tallaritas, but that had stopped prior to 2009?18
A I dont know the date that it stopped. But we19
stopped, you know, Pat would have parties. He didnt have20
parties we didnt go over, so I dont know exactly the dates21
that its kind of like you have your kids in dance and22
you see people all of the time and then they arent in dance23
anymore so you dont socialize.24
I dont know the exact dates that it stopped or25
actually started. We were neighbors.26
Q But the question isnt what is the exact date that it27
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stopped, maam. The question is: Did the social activities1
stop prior to the Villagess applications being filed in2
2009?3
A Oh, prior to the Villages? Yes. Yes, it stopped.4
Q And you were no longer having drinks with the5
Tallaritas?6
A Correct.7
Q And you no longer go to dinner at their house?8
A Correct.9
Q And you no longer invite them to your house for get-10
togethers?11
A Correct.12
THE COURT: When was the application filed?13
ATTY. BISHOP: May of 2009, your Honor.14
BY ATTY. BISHOP:15
Q Do you recall contacting Mr. Bryon Meade of the16
Hazardville Water Company about the Villagess application17
outside the public hearings on this matter?18
A No.19
Q Do you recall making a telephone call to the20
Hazardville Water Company about the Villagess applications?21
A No.22
Q Do you recall visiting the Hazardville Water Company23
offices while these applications were pending?24
A No.25
Q So you dont recall contacting anyone at the26
Harzardville Water Company concerning these Villagess27
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applications?1
A Correct.2
ATTY. BISHOP: Nothing further.3
THE COURT: Cross?4
ATTY. DENEEN: Just a couple of questions, your5
Honor, obviously, subject to my right to call her6
back depending on where the rest of the witnesses go.7
CROSS-EXAMINATION OF MS. LONGHI BY ATTY. DENEEN:8
Q Ms. Longhi, under direct examination there were a9
number of questions about your social relationship with Mr.10
Tallarita. One of which would have been getting together11
for dinner.12
Prior to whenever it stopped in 2007/2008, how often13
did that occur on a monthly basis, weekly basis; how often14
did you get together?15
A Maybe monthly. Every couple of months.16
Q And were there other social settings in which you ran17
into each other or you were both involved in?18
A Yes.19
Q And what were those?20
A It was mostly political. Um Pat would have a lot21
of fundraisers at the house. He would have parties or22
events and we would go. There would be a lot of people and23
there were times where we had just smaller occasions to go24
over.25
Q And how often would you have just you and your spouse26
and Mr. Tallarita and his spouse for dinner, just the four27
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of you, did that occur often?1
A I think just the two of them, never.2
Q Okay. It was always in a larger group?3
A It was always more people than that.4
Q All right.5
ATTY. DENEEN: Nothing further, your Honor.6
THE COURT: Any re-direct?7
ATTY. BISHOP: Yes, your Honor, one moment.8
RE-DIRECT-EXAMINATION OF MS. LONGHI BY ATTY. BISHOP:9
Q Ms. Longhi, you just testified that when you spent10
time socially with the Tallaritas it was always in a larger11
group?12
A For dinner. He asked about dinner.13
Q And is it your testimony that youve never had14
dinner, you and your husband and Pat Tallarita and his wife?15
A I dont recall ever just the four of us having16
dinner.17
Q But this isnt the first time youve testified in18
this matter, is it maam?19
A No.20
Q You had your deposition taken at my office, do you21
recall that?22
A Yes.23
Q And I took your deposition and I asked you some24
questions, didnt I, about your relationship with the25
Tallaritas?26
A Yes.27
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Q And I asked 1
ATTY. BISHOP: May I approach, your Honor?2
THE COURT: You may.3
ATTY. DENEEN: Judge, you should have the sealed4
5
THE COURT: Do you want it unsealed?6
ATTY. DENEEN: This is open. Do you have the7
sealed deposition?8
ATTY. BISHOP: I dont know if I have that with9
me.10
ATTY. DENEEN: I want the sealed depositions.11
ATTY. BISHOP: I didnt think that was12
necessary. I have the unsealed transcript. I dont13
have the sealed copy.14
Would your Honor allow me to ask a question off15
of the unsealed version? My understanding is that16
the law doesnt require it to be sealed, but most17
people unseal it in front of the jury because they18
find it dramatic.19
ATTY. DENEEN: Well, its 20
ATTY. BISHOP: I mean I have its the full21
transcript with the reporters certification.22
ATTY. DENEEN: Well, if Counsel wants to ask23
questions of what she recalls from the deposition24
thats certainly fine.25
THE COURT: What did you say?26
ATTY. DENEEN: If Counsel wishes to inquire of27
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the witness what she recalls from that deposition1
thats fine. But 2
ATTY. BISHOP: I mean Im not putting it in or3
anything.4
ATTY. DENEEN: I understand that. But youre5
going to we need the sealed deposition. Ive never6
just handed in our private copies of the depositions.7
ATTY. BISHOP: Well, Im not offering it as an8
exhibit. Im just asking questions using it.9
ATTY. DENEEN: Then you can ask questions of it10
but not to show it to her. You can ask her if it11
refreshes her recollection, but you dont have a12
right to enter questions that are on the document13
thats not going to be in evidence.14
THE COURT: Is there any question as to the15
authenticity of that deposition?16
ATTY. DENEEN: I can compare. Okay. Thats17
fine.18
THE COURT: Okay. I dont know that you want to19
introduce it or not, but you can show it to her. I20
assume what youre going to be doing is asking her21
questions.22
ATTY. BISHOP: Yes, your Honor.23
THE COURT: And asking her what her answers24
were.25
ATTY. BISHOP: Im going to yes. Im not26
going to offer it as evidence Im just going to ask27
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her questions.1
THE COURT: Okay. You can do that.2
ATTY. BISHOP: Thank you, your Honor.3
BY ATTY. BISHOP:4
Q Ms. Longhi, showing you this, do you recall that I5
asked you a question at the deposition at the top of page-396
of the transcript and it says, "as read": Have you had7
occasions where you and your husband and Pat Tallarita and8
his wife got together to have drinks? And your answer was,9
Yes. Did I read that correctly?10
A Yes.11
Q Okay. And my next question was, "as read": Or have12
had dinner together? And your answer was, Yes. Did I13
read that correctly?14
A Um-hum.15
Q Thats it.16
ATTY. BISHOP: Nothing further.17
THE COURT: Any re-cross?18
ATTY. DENEEN: Just one, very quick.19
RE-CROSS-EXAMINATION OF MS. LONGHI BY ATTY. DENEEN:20
Q Was there anything in those two questions that21
indicated that you were having dinner alone, just the four22
of you?23
A No.24
Q Thank you.25
THE COURT: Anything further?26
ATTY. BISHOP: Nothing further.27
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THE COURT: Thank you, maam, you may step down.1
ATTY. BISHOP: The Plaintiff calls Mr. Bryon2
Meade, your Honor.3
THE COURT: Did you say, Meade?4
ATTY. BISHOP: Yes, Bryon Meade, M e a d e.5
(witness sworn in)6
THE CLERK: Would you state your name for the7
record, spelling your last name, please?8
THE WITNESS: Bryon Meade, M e a d e.9
THE CLERK: And would you state your address,10
for the record, please, sir?11
THE WITNESS: 58 Weber Street, Springfield,12
Massachusetts.13
THE CLERK: Thank you. You may be seated.14
15
16
17
18
19
20
* * * * *21
22
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B R Y O N M E A D E, having been sworn, was examined, and1
testified under oath as follows:2
DIRECT EXAMINATION BY ATTY. BISHOP:3
Q Mr. Meade, can you spell your first name, for the4
record?5
A Yes. Its B r y o n.6
Q Thank you. Mr. Meade, how old are you?7
A Fifty-nine.8
Q And what is your occupation?9
A Project Manager for Hazardville Water Company.10
Q And how long have you been at Hazardville Water11
Company?12
A Thirteen and-a-half years.13
Q And were you working there in 2009?14
A Yes.15
Q And what are your duties as project manager?16
A Ah, basically, to review all new developments that17
are proposed for the Town of Enfield and Somers,18
Connecticut.19
I go to town meetings and work with the fire20
departments and fill-out contracts with developers and21
contractors, and oversee the installation of water mains and22
water services to homes and make sure they meet the23
companys specifications.24
Q And were you an employee of Hazardivlle Water Company25
in October of 2009?26
A Yes.27
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Q And do you recall a proposed subdivision off of Simon1
Road in Enfield called Villages?2
A Yes.3
Q And was the Hazardville Water Company involved in4
that proposed subdivision?5
A Yes, we were.6
Q And how so?7
A Our water mains are in that area so they would be an8
extension from our existing water main into the development9
to supply domestic water for the homes.10
Q Okay. And do you recall that the Villages11
subdivision had applied to have their property subdivided12
before the Planning and Zoning Commission?13
A Yes.14
Q Okay. And were you contacted, sir, by any Commission15
members outside of the public hearings regarding the16
Villagess applications for that subdivision?17
A Yes, I was contacted by Ms. Lori Longhi.18
Q And do you recall about when that occurred?19
A Early October of 2009. Probably the first week, I20
dont know the exact date.21
Q Okay. And do you recall what she was contacting you22
about in relation to the subdivision?23
A Well, the meeting I dont have a real clear24
recollection of the meeting, but I did put it in writing in25
an email to Dave Fredrick what it was about. And after26
reading the email that I wrote it refreshed my memory that27
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it had to do with fire flows and water pressures for the1
development.2
Q And what is a fire flow?3
A Its a required flow by the fire department to put4
out a fire, you know, if theres not enough flow then maybe5
homes cant be built there or youd have to put in an extra6
booster station to bring the pressure up.7
And what the company normally does, when we get a8
development like that, is we turn over the information to9
our consulting engineers and they run a hydraulic model to10
determine if theres enough water pressure and fire flow for11
that development.12
Q And Commissioner Longhi, you testified, that she was13
asking you about the fire flows for the proposed14
development?15
A Yeah, based on the email I sent to Dave Fredrick16
about the meeting, that refreshed my memory thats what we17
talked about.18
THE COURT: Was this in person?19
THE WITNESS: Yes.20
BY ATTY. BISHOP:21
Q So she visited the Hazardville Water Company offices;22
is that correct?23
A Right.24
Q And where were those located?25
A 281 Hazard Avenue in Enfield.26
Q And you work in that office during regular business27
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hours?1
A Yes.2
Q And so she visited you at your office?3
A Correct.4
Q In early October 2009?5
ATTY. DENEEN: Im going to object. This is all6
leading questions at this point, and its Counsels7
own witness. I mean if she wants to ask him what he8
did shes just basically spoon-feeding him the9
questions.10
THE COURT: It sounded like a leading question.11
ATTY. BISHOP: Ill rephrase, sir.12
THE COURT: Sustained.13
BY ATTY. BISHOP:14
Q Mr. Meade, prior to Ms. Longhi contacting you about15
the Villagess application had you ever been contacted by a16
Commission member while an application was pending outside17
the hearing?18
A No, not outside the hearing.19
ATTY. BISHOP: Nothing further.20
THE COURT: Okay. One second, Counsel, if you21
would?22
ATTY. DENEEN: Sure.23
THE COURT: Okay. Go ahead.24
CROSS-EXAMINATION OF MR. MEADE BY ATTY. DENEEN:25
Q Mr. Meade, you indicated that this supposed meeting26
occurred at the Hazardville offices?27
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A Yes.1
Q Hazardville Water offices?2
A Right.3
Q Can you describe what the layout of that or where4
that occurred? Was it in your office? Was it in a lobby or5
where was it?6
A It would be in a conference room.7
Q Do you have a specific recollection of being in a8
conference room on that matter?9
A I have so many meetings with so many people I dont.10
The recollection is not real clear because I deal with a lot11
of developers and things.12
But what refreshed my memory was looking through my13
file on that project, and I did write the email that I had14
the meeting. So you know I wouldnt put something in 15
Q But sitting here today you sort of indicated that it16
was in a conference room; you dont recall if it was in a17
conference room sitting here today, do you?18
A Well, yes, it would be in a conference room because19
thats where we have all of our meetings.20
Q Well, would be is different than I remember thats21
where it was. If thats typical where you had thats one22
answer.23
Do you recall sitting here today, under oath, that24
you, in fact, had that meeting with Ms. Longhi in that25
conference room?26
A Not exactly in that conference room, no, not today.27
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Q And what did you allegedly talk about at this1
meeting?2
A Ah, that it required 3
Q Do you recall that today sitting here under oath?4
A Yes, it required fire flows to the development.5
THE COURT: And water pressure?6
THE WITNESS: Water pressure, yes.7
BY ATTY. DENEEN:8
Q And youre under oath testifying today you are9
absolutely sure that it had to do with the Villagess10
application not another application or another potential11
subdivision that might be developed?12
A Thats correct, based on the email that I wrote.13
Q All right. But independent of that email, do you14
have a current recollection that you are absolutely certain15
that thats what it was about. It wasnt about a different16
potential subdivision?17
ATTY. BISHOP: Objection. I believe youve18
already asked and hes answered that he 19
ATTY. DENEEN: This email is not in evidence.20
This alleged email is not in evidence.21
ATTY. BISHOP: Well, hes entitled to refresh22
his recollection with an email, and now hes23
testifying what he recalls.24
THE COURT: Youre saying that based upon his25
refreshing of his he didnt use those words, but26
based upon his refreshing his recollection by an27
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email that he sent to Mr. Fredrick outlining all of1
this he now remembers it.2
ATTY. DENEEN: Well, I dont think he testified3
that it was outlining all of this, your Honor, thats4
why Im trying to get to 5
THE COURT: Well, whatever he is saying here6
today he remembers because he remembers that it took7
place partly based upon his sending of an email8
accounting of it to Mr. Fredrick.9
ATTY. DENEEN: All right.10
BY ATTY. DENEEN:11
Q So there is no chance that you would be confusing12
this with regard to these inquiries with regard to a13
different potential subdivision?14
A No.15
THE COURT: That was asked and answered,16
Counsel.17
BY ATTY. DENEEN:18
Q Other than this one alleged meeting directly with Ms.19
Longhi at the Hazardville Water Company, did you have any20
other contact outside in early October of 2009 with Ms.21
Longhi regarding the Villagess application?22
A No, I did not.23
ATTY. DENEEN: Nothing further, your Honor.24
THE COURT: Any re-direct?25
ATTY. BISHOP: No, your Honor.26
THE COURT: Thank you, sir, you may step down.27
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Youre excused.1
ATTY. BISHOP: Your Honor, the Plaintiffs calls2
Mr. Anthony DiPace.3
(witness sworn in)4
THE CLERK: Would you state your name for the5
record spelling your last name, please?6
THE WITNESS: Anthony M. DiPace, D i P a c e.7
THE COURT: And would you state your address,8
for the record?9
THE WITNESS: 270 Jackson Road, Enfield,10
Connecticut 06082.11
THE CLERK: Thank you, you may be seated.12
13
14
15
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18
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* * * * *20
21
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A N T H O N Y D I P A C E, having been sworn, was1
examined, and testified under oath as follows:2
DIRECT EXAMINATION BY ATTY. BISHOP:3
Q Good morning.4
A Good morning.5
Q Would you state your age, for the record?6
A Fifty-two.7
Q And what is your occupation?8
A Um automotive repair garage owner.9
THE COURT: Excuse me?10
THE WITNESS: Automotive repair garage owner and11
car sales. Im a service technician.12
BY ATTY. BISHOP:13
Q And where is that business?14
A 318 Hazard Avenue, Enfield, Connecticut.15
Q Okay. And have you ever served on the Enfield16
Planning and Zoning Commission?17
A Yes, I did. I served approximately from 1988 until 18
Im going to say December of 2007, with a short two-year-19
span where I wasnt on there.20
Q Okay. And during your service did you hold any21
offices?22
A Ah, yes, I held the I believe every position that23
was available, Secretary, Second Vice-Chair, Vice-Chair and24
I served as Chairman for about four years.25
Q And do you know Lori Longhi?26
A Yes, I do.27
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Q And how do you know her?1
A Um through the town, through different political2
events.3
Q Do you also know Mr. Pat Tallarita?4
A Yes, I do.5
Q And how do you know him?6
A Same thing through politics in town and Ive known7
him growing up.8
Q And while you were Chairman of the Planning and9
Zoning Commission, did you ever hear Lori Longhi complaining10
about Mr. Tallarita?11
A I do recall an incident that happened in the back12
parking lot of the Town Hall, when I was Chairman of the13
Planning and Zoning.14
I dont recall the exact wording of what was said,15
but I do recall that she was upset with him because she felt16
that he wasnt helping her out and she wasnt happy with it.17
Q Okay. At that time, was Mr. Tallarita holding any18
political office?19
A I believe he was the Mayor.20
Q Okay. And do you remember when this occurred when21
you heard Lori Longhi complaining about Pat Tallarita?22
A I dont recall exactly, but I think it was somewhere23
in the summertime you know in May, June of 07.24
Q Okay. And you testified you were in the parking lot25
of the Town Hall. Why were you there; why were you present26
there?27
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A Um there was a Democratic Town Committee meeting1
and I was leaving. And I was in my truck and as I was2
driving around the back of the parking lot I noticed Lori3
Longhi with two other Planning and Zoning Commission members4
and it looked like they were, you know, talking. And I just5
pulled up and stopped to say high and put my window down.6
Q Who else was present when you heard this7
conversation?8
A Charles Ladd and Kathleen Sarno.9
Q Okay. And you said did they hold any office at10
that time?11
A They were both on Planning and Zoning. They were12
alternate members.13
Q Okay. So they were serving with you on the Planning14
and Zoning Commission?15
A Um-hum.16
Q And the three of them were talking. And where were17
you, were you standing outside in the parking lot?18
A No, I was in my truck. I was coming around the19
parking lot and I saw the three of them and I just stopped20
to say, hi.21
Q And did you roll your window down?22
A I put my drivers window down.23
Q Okay. And to the best of your recollection, what was24
Lori Longhi complaining about with respect to Mr. Tallarita?25
A Well, she felt she was being screwed over by the26
town. I believe there was a problem with the Assistant Town27
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Planner, who oversees the wetlands.1
Q Okay. And what did she say in relation to Mr.2
Tallarita?3
A Um she just felt that she had made a comment that4
she was being screwed over by the town and that, you know,5
he wasnt helping her and that she hoped someday that he6
would get screwed over by the town, something to that7
fashion.8
Q And were you able to hear the emotion with which she9
said this?10
A Yes. Yeah, and I just thought she was venting is the11
way I took it.12
Q Did she sound angry?13
A Oh, yes.14
Q Or frustrated?15
A Very frustrated, yeah.16
Q And at Mr. Tallarita?17
A At the town in general, you know.18
Q Was she angry at Mr. Tallarita for not helping her19
with some issue she was having?20
A Yes, she was.21
ATTY. DENEEN: Objection. That calls for22
speculation as to what Ms. Longhi did or didnt feel.23
ATTY. BISHOP: Ill withdraw the question.24
ATTY. DENEEN: Thank you.25
BY ATTY. BISHOP:26
Q Mr. DiPace, were you on the Commission, the Enfield27
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Planning and Zoning Commission at the time the Villagess1
applications were filed in 2009?2
A No, I was not.3
Q So you havent served since December 2007?4
A Right, since December of 2007.5
ATTY. BISHOP: Nothing further.6
THE COURT: Cross?7
ATTY. DENEEN: Thank you, your Honor.8
CROSS-EXAMINATION OF MR. DIPACE BY ATTY. DENEEN:9
Q Mr. DiPace, do you recall being deposed prior to10
todays hearing in this matter?11
A Yes, I do.12
Q And do you recall when you were asked those same13
questions with regard to when this conversation allegedly14
occurred it probably was in 06 or 07?15
A It could have been 06 or 07. I know it was16
summertime weather and I wasnt sure what year.17
THE COURT: So, was it the time that you18
finished, the same year that you finished your19
service on the P & Z?20
THE WITNESS: Im not sure if it was the summer21
of that year or if it was the summer before.22
THE COURT: Okay.23
BY ATTY. DENEEN:24
Q And after you heard this conversation, that allegedly25
occurred, did you share that with Pat Tallarita at any time?26
A I shared it with several different people.27
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Q Did it include Pat Tallarita?1
A Yeah.2
Q Okay. Mr. Fredrick?3
A I dont know if I shared it with him or not.4
Q And did you share it with, at least, Mr. Tallarita5
shortly after the conversation occurred?6
A Im not sure when I shared it with him. At the time7
he was the Mayor and, you know, I believe it had something8
to do with the greenhouse she was trying to get approval,9
trying to get the town to do. And I just shared with him10
that nobody was helping her out.11
Q And were you the Democratic Town Chair at that time?12
A No, I was not. At which time?13
Q At the time this conversation occurred?14
A Which?15
Q That allegedly occurred with Ms. Longhi and these16
other Commissioners?17
A No, I was the Chairman of the Planning and Zoning18
Commission.19
Q I guess I may not have understood your answer, so20
Ill try it, again. When did you share that you heard this21
conversation, when did you share that with Mr. Tallarita?22
A It was probably maybe within a few weeks or month23
that I questioned him why he wasnt helping her.24
Q And so you passed that information on trying to be25
helpful?26
A Right.27
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Q Thank you.1
ATTY. DENEEN: Nothing further, your Honor.2
ATTY. BISHOP: Nothing further.3
THE COURT: Thank you. One second before you4
continue. Go ahead.5
ATTY. BISHOP: The Plaintiff calls Mr. Pat6
Tallarita.7
(witness sworn in)8
THE CLERK: Would you state your name, for the9
record, spelling your last name, please?10
THE WITNESS: Patrick Louis Tallarita, T a l l a11
r i t a.12
THE CLERK: And would you state your address,13
for the record, please?14
THE WITNESS: 1400 Enfield Street, Enfield,15
Connecticut.16
THE CLERK: Thank you. You may be seated.17
18
19
20
21
22
* * * * *23
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P A T R I C K T A L L A R I T A, having been sworn, was1
examined, and testified under oath as follows?2
DIRECT EXAMINATION BY ATTY. BISHOP:3
Q Good morning, Mr. Tallarita.4
A Good morning.5
Q Can you give us your age, please?6
A My age; 49-years-old.7
Q And what is your occupation?8
A For the last 25 years Ive been employed by the State9
of Connecticut. And for the last 20 years, by the10
Connecticut Labor Department where Im Director of11
Facilities Operations for the Labor Department.12
Q And what is your educational background, sir?13
A I have a bachelors degree.14
Q From what ?15
A Fitchburg State University, it used to be college.16
Q And are you married, sir?17
A I am.18
Q And how long have you been married?19
A Ive been married for 25 years this year.20
Q And what is your wifes name?21
A My wifes name is Jeannette.22
Q Okay. And what is your relationship with the23
Plaintiff, Villages, LLC?24
A Im married to one of the partners.25
Q Okay.26
A And I have represented my wifes interest throughout27
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the proceedings.1
Q Okay. And did you perform any duties for the company2
before the Planning and Zoning Commission?3
A Yes, I went to every meeting representing my wifes4
interest before the Commission.5
Q And your wife is a member of the LLC?6
A Yes, she is.7
Q And is there any other member?8
A Yes.9
Q And who is that?10
A Diane Fredrick.11
Q And those are the only two members of the LLC?12
A Those are.13
Q Okay. And did you attend every hearing of the14
Planning and Zoning Commission on Villages behalf?15
A I believe I did, yes.16
Q And you spoke as their representative along with Mr.17
Fredrick?18
A I did.19
Q Prior to Villagess applications being filed, did you20
have any personal relationship with any member of the21
Commission?22
A Well, I knew a number of Commission members through23
the political circles, but I had the closest relationship24
with Mrs. Longhi and her husband, David Longhi.25
Q And what was the nature of that relationship?26
A We were friends, social friends. We got together, as27
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she testified, for drinks. We went to we had New Years1
Eves together. We went out to dinner together. They came2
to our house for dinner. We went to their house for dinner.3
We saw them on a very social part of the social network4
that we were part of, they were part of that network as5
well.6
Q And as part of that friendship did you ever have7
occasions where you spent time, you and your wife spent time8
with Mrs. Longhi and her husband, the four of you?9
A Sure. I can recall two occurrences, specifically.10
Once we went to Figaros Restaurant, the four of us, for11
dinner. And one time they took us to their country club, the12
Springfield Country Club for dinner where we had a very nice13
dinner outside looking at the sunset.14
Q And you mentioned you spent New Years Eves together?15
A At least on two occasions, thats what I recall.16
Q And did you invite the Longhis to your familys home17
for occasions?18
A Yes, graduations probably or birthdays for the kids19
things of that nature; yes, they were invited Friday night20
dinners, Saturday night dinners.21
Q And did the Longhis also invite you and your wife to22
their home for dinner?23
A Yes.24
Q And for social occasions?25
A Yes.26
Q And were you still friends, you and your wife still27
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friends with the Longhis in 2009?1
A No, we were not.2
Q Okay. And prior to that had you served in any3
political office in the Town of Enfield?4
A Yes, in 2001 I was elected to the Enfield Town5
Council, and was selected by the Council to be the Deputy6
Mayor for two years. After that I was elected to the Town7
Council two more terms, and I was selected by the Council to8
serve as the Mayor of Enfield.9
Q And so when the Villagess applications were pending10
were you still spending time with the Longhis socially?11
A No, we were not.12
Q And what had the friendship ended at that point?13
A Yes, the friendship had ended.14
Q Okay. And when did it end?15
A My recollection is that it ended around 2007 in the16
summer. There was an occasion that David and Lori Longhi, I17
invited them to my home on a Friday night to have a couple18
of glasses of wine on the front porch, and at that point19
Lori accused me of using my influence before Commissions to20
get favoritism. And I was quite angry by that comment, and21
we had a disagreement over it, at which time I asked them to22
leave my home.23
Subsequent to that confrontation my wife came out24
from inside the house and her husband kind of interceded as25
well and calmed the situation down, and we kind of went on26
with the evening, but that was if I could pinpoint the27
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time it was right around there that the relationship1
deteriorated quickly because I felt she was questioning my2
integrity as an individual.3
THE COURT: She accused you of what?4
THE WITNESS: She accused me of using my5
influence in town to influence Boards and6
Commissions.7
THE COURT: One second, Counsel.8
ATTY. BISHOP: Sure.9
THE COURT: Go ahead.10
BY ATTY. BISHOP:11
Q And these accusations were made while you were Mayor12
of Enfield?13
A Yes, I was still Mayor at the time.14
Q And what was your reaction?15
A I was angry. I was taken by surprise by it at first,16
but I was angry being questioned like that and being accused17
like that.18
Q And around that time did she accuse you of anything19
else?20
A At that time, no, it was basically that that she21
accused me of.22
THE COURT: Excuse me, was she angry when she23
dissented?24
THE WITNESS: Yes, she was very accusatory and25
angry towards me and I was angry back, so there was a26
confrontation.27
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BY ATTY. BISHOP:1
Q And after that confrontation did you have an2
additional conversation with her where she made accusations?3
A We had one more conversation in our relationship and4
that was a couple it was during the week, I recall. The5
conversation I just described took place on a Friday night.6
Subsequent to that it might have been a Monday or7
Tuesday I was driving home and I saw Lori in her driveway,8
so I stopped with the intent of apologizing for the way I9
reacted but to have that conversation with her.10
Q Okay. And did she accuse you of anything during that11
conversation?12
A During that conversation she told me that she was13
told by somebody that I was the individual that had went to14
the town and got them to look into their Inland Wetland15
issues that I was the person that filed the complaint, in16
essence.17
Q And what was your reaction to that accusation?18
A I told her that I would go with her at that moment or19
we could call the person that made that accusation so that I20
could defend the fact that I had not done that.21
Q So you hadnt, in fact, complained to the town?22
A No I hadnt.23
Q About some issue with her property?24
A No, I had never done that.25
Q But she accused you of having complained to the town?26
A She claimed that someone had told her that I had done27
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that.1
Q Was she joking?2
A No, she was not joking.3
Q How do you know she wasnt joking?4
A By the tone of her voice.5
Q How did she sound, the tone?6
A She sounded very stern and very accusatory like I had7
betrayed her in some way.8
Q And subsequent to this last conversation did you have9
dinner with her, did you and your wife have dinner with her10
or her husband?11
A After that?12
Q Yeah, the four of you?13
A That was pretty much the end of the relationship, at14
that point.15
Q And did you continue to socialize together as a16
couples, just the four of you?17
A No, we didnt.18
Q And did you invite her to your home?19
A No.20
Q And were you invited to the Longhis home?21
A No, we were not.22
Q So the relationship ended prior to Villages filing23
the applications in 2009?24
A Correct.25
Q And when you filed those applications on Villages26
behalf, were you aware that Lori Longhi was sitting on the27
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Commission?1
A Yes, I was.2
Q Okay. And were you concerned that this former friend3
of yours was a decision maker on a Board where you had an4
application?5
A Yes, I was.6
Q Did you do anything about your concerns?7
A After the first meeting, because I had really held8
out hope that I would get fair treatment, but after the9
first meeting, as I watched the way that she reacted to the10
application, I did. I went to the Town Manager and voiced11
my concerns over whether I would get a fair trial not12
trial, but a fair judgment from the Commission and,13
specifically, Commissioner Longhi, who I felt probably14
should recuse herself from the proceedings.15
Q And who was the Town Manager?16
A Matthew Coppler.17
Q Okay. And did you visit him in person to voice your18
concerns or did you call him?19
A I visited him in person.20
Q And what was his response to you?21
A He actually had heard about it, and he felt that22
because its televised in Enfield, the proceedings are23
televised on public access, people had commented to him on24
the proceedings and his sense was he led me to believe his25
sense was the same.26
And he said that he would have conversations with27
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people, would intervene to make sure that we would get fair1
treatment.2
Q So what was your understanding after that3
conversation?4
A I believed that he would go to either the Chairman or5
that he would go to Ray Warren, who was at that time I think6
he was overseeing those Boards and Commissions, those parts7
of town as an Economic Development Specialist.8
Q And did you believe that the Town Manager would take9
appropriate action to make sure you would get a fair10
hearing?11
A I did. I trusted Matt. I had worked with him for a12
number of years and I felt he was a decent, fair, honest man13
and I believed that I left it in good hands when I walked14
away from him.15
Q And just to clarify, were you still Mayor of the town16
while these applications were pending?17
A No, I was not. I retired at the bequest of my18
children.19
Q What year was that that you retired?20
A I left in November of 2007s election. Yeah, thats21
the date.22
Q Did Tony are you familiar with Mr. DiPace?23
A I am.24
Q And hes here today?25
A Yes, he is.26
Q And prior to these public hearings on the Villagess27
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application, did Mr. DiPace inform you that Lori Longhi had1
made disparaging remarks about you in the Town Hall parking2
lot?3
A Not prior to the meeting.4
Q Not prior to the first public hearing?5
A Correct.6
Q So you hadnt heard, during the first public hearing,7
that Lori had made a specific statement about her treatment8
at the hands of the town?9
A Not that specific type of statement. Tony may have10
approached me. Other people may have approached me, no11
matter how big Enfield is its still a small town, and you12
hear things and I knew that Lori wasnt pleased with me13
because she felt that I wasnt trying to go far enough to14
try to help her in her plight with the town.15
But, the first time that Tony DiPace came to me was16
after the proceedings had started. It may have been,17
actually, after the decision was rendered.18
ATTY. BISHOP: Nothing further.19
THE COURT: Cross-exam?20
CROSS-EXAMINATION OF MR. TALLARITA BY ATTY. DENEEN:21
Q So when Mr. DiPace testified that he told you shortly22
after, that he allegedly overheard this conversation, was he23
telling the truth?24
A I believe Tony. He has never lied to me before.25
Q And you just cant recall whether or not you had that26
conversation with him?27
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A No, I know I had that conversation with Tony. I just1
firmly believe, to the best of my judgment, that it happened2
after the decision was made that he shared that information3
with me, the specifics of her conversation with him.4
Q So when he says it was a couple weeks after in5
2006/2007 youre saying it wasnt until October of 2009?6
A Well, what Tony said is he pointed out to me that7
Lori was upset. But I dont believe that he mentioned to me8
that she was specifically upset with me.9
THE COURT: Excuse me. How about after the10
application was denied?11
THE WITNESS: Yes.12
THE COURT: Then he told you in detail?13
THE WITNESS: He did tell me in detail. And I14
had that conversation with him on a couple of15
occasions, because I was concerned that Tony was16
Chairman of the Planning and Zoning Commission and17
whether he wanted to come forward with that18
information or not.19
BY ATTY. DENEEN:20
Q But you dont recall having that conversation at all21
with him as he indicated several weeks after this allegedly22
occurred back in 2006/2007?23
ATTY. BISHOP: Objection. Its asked and24
answered, I believe.25
ATTY. DENEEN: I want to explore, your Honor.26
Weve got two witnesses telling contradicting27
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matters.1
THE COURT: Well, hold on a second. Im going2
to make a note and then you can ask your question. I3
know I can get a transcript, but Im trying to keep4
up with it here.5
Okay. Go ahead. You want to repeat that6
question?7
ATTY. DENEEN: Sure.8
BY ATTY. DENEEN:9
Q You were present in the courtroom well, Ill try to10
rephrase it, again, when Mr. DiPace was testifying earlier11
today?12
A I was.13
Q And did you hear him indicate that hes told you14
about his conversations with Lori Longhi several weeks after15
they occurred?16
A What I heard him say would very well be true, is that17
he said that he shared with me that Lori was upset about18
what was going on in town with regards to her and the Inland19
Wetlands Commission. And that was common knowledge to me20
that wouldnt have been something that would have struck me21
as being out of the ordinary because a number of people had22
come to me, including other Councilors at the time,23
expressing Loris displeasure that the Town of Enfield was24
not doing what she felt it should be doing for her and that25
I was not interceding on her behalf.26
Q So youre aware of all of this at the time that you27
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made your application for the Villages or the Villagess1
made its application of Loris alleged antipathy toward you2
prior to that?3
A Not the comment that she wanted something similar to4
what happened to her happen to me. I didnt know that was5
made until after the application.6
THE COURT: When was that made?7
THE WITNESS: That was told to me after the8
application was denied by Mr. DiPace.9
BY ATTY. DENEEN:10
Q And, obviously, the conversations that you testified11
earlier to, with regard to Ms. Longhi, all of that occurred12
prior to Villages making its application with regard to you13
being on the porch?14
A All of that occurred prior to me making the15
application.16
Q And you were aware of that at the time you,17
obviously, were aware of that at the time the application18
was made?19
A Yes, I was.20
Q And, at any time, did you or any representative21
before the town Planning and Zoning Commission in Enfield22
object to Ms. Longhis participation in this case?23
A In public forum, no, because I felt it was24
inappropriate to do that.25
Q So, neither you nor your Villagess Counsel or anyone26
raised the issue with the Planning and Zoning Commission or27
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with Ms. Longhi at the time the application was made?1
A No, I did not. I made it to the Town Manager in2
person because it was a televised proceeding and I didnt3
feel it appropriate to do that. I didnt want to alienate4
the rest of the Commission. And I also understood, because5
of my involvement with the Town of Enfield, that there was6
nothing we could do to force her to recuse herself. So what7
would the action have benefited?8
Q Well, it certainly would have setup an appealable9
issue.10
A Sir, we used our best judgment with hopes that I11
would get a fair judgment, and thats all I ever asked for.12
Q When you say you, you mean Villages I assume?13
A Correct.14
Q So you chose not to raise that issue in the public15
forum at the Planning and Zoning Commission?16
A Yes, we did.17
Q Okay.18
THE COURT: Who was the Chairman of the Planning19
and Zoning Commission at that time?20
THE WITNESS: Charlie Durhan. His name is21
Charles Durhan, a good, fair man.22
THE COURT: When was Mr. DiPace Chairman?23
THE WITNESS: Prior to Charlie Durhan. Mr.24
DiPace was off a year before that, I think, maybe25
two.26
THE COURT: Before your application?27
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THE WITNESS: Before my application, yes. Mr.1
Durhan, got sick though during our application and2
halfway through the proceedings no longer attended3
any of our hearings.4
THE COURT: So who took over?5
THE WITNESS: Vice-Chair, Liz Ballard.6
BY ATTY. DENEEN:7
Q And with regard to your service on the Town Council8
as Deputy Mayor and as Mayor of Enfield, were you involved9
in nominating and casting votes for members of the Planning10
and Zoning Commission?11
A While I was on the Commission, yes, I was or while12
I was on the Council, yes, I was. That was one of the13
duties.14
Q And were a number of the current the Commission15
members existing at the time the Villages made the16
application, individuals that you had either voted for17
nominated during your term?18
A I probably never nominated anyone because it wasnt19
tradition for the Mayor or the Deputy Mayor to nominate.20
But I most definitely voted on some members that were there.21
Q And you had input into who the selection of those22
folks were going to be?23
A Typically, unanimous votes. So I would say, yes, I24
was a vote. But I was one of them, one of eleven votes.25
Q So one vote wouldnt make a difference?26
A One vote would not make a difference.27
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ATTY. DENEEN: Nothing further.1
THE COURT: Any re-direct?2
ATTY. BISHOP: Nothing further, your Honor.3
THE COURT: Thank you, sir. Do you have another4
witness?5
ATTY. BISHOP: I do not, your Honor.6
THE COURT: Excuse me?7
ATTY. BISHOP: I do not.8
THE COURT: Okay.9
ATTY. DENEEN: Can we just take a short recess10
before we put our Plaintiff is resting at this11
point.12
THE COURT: Are you resting?13
ATTY. BISHOP: Yes, your Honor.14
THE COURT: Okay. Normally we take a recess at15
11:30, but we started ten-minutes late so lets take16
a 15-minute recess now.17
ATTY. DENEEN: Thank you, your Honor.18
(brief recess)19
THE COURT: Okay. Attorney Deneen, the floor is20
yours.21
ATTY. DENEEN: Thank you. Your Honor, I would22
recall Ms. Lori Longhi to the stand, please?23
Oh, Im sorry, Id like to call Mr. Charles24
Ladd.25
ATTY. BISHOP: Your Honor, I have an objection.26
I wasnt aware that Mr. Ladd was going to testify27
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today on behalf of the Defense.1
The Plaintiffs had filed motions to supplement2
the record in the case with the testimony of all of3
the witnesses, and it also disclosed to the Court and4
to the other side the substance of the testimony and5
the reason why they were being called.6
Its my understanding in administrative appeals7
the Court is confined to the record, unless the party8
asks for specific permission to allow certain9
testimony.10
So, I object to it coming in. I had no idea11
that Mr. Ladd would be here today to testify, nor12
what he is going to testify about.13
THE COURT: Well, they did supplement the record14
to get permission to add certain witnesses and you15
have not, I gather?16
ATTY. DENEEN: Well, your Honor, they did17
actually, in fact, move to have Mr. Ladd added,18
deposed and for that was one of their motions that19
was granted in this case.20
THE COURT: You did?21
ATTY. DENEEN: No, Counsel did and they were22
added in there. Part of this, when we go beyond the23
record, Ive got to put my case on in rebuttal to24
what was testified to.25
THE COURT: Well, I understand that.26
ATTY. DENEEN: And Im fairly shocked because,27
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in fact, Counsel took Mr. Ladds deposition in1
preparation for this case with permission of the2
Court.3
ATTY. BISHOP: I filed for permission, your4
Honor, to depose Mr. Ladd. I filed motions for5
permission to present testimony before the Court6
solely of Mr. DiPace, Mr. Tallarita and Mr. Bryon7
Meade.8
I did not ask the Court for permission to have9
Mr. Ladd testify after I had taken his deposition,10
the point being he had nothing to offer.11
ATTY. DENEEN: And after hearing testimony12
before, your Honor, I have a right to put on my13
rebuttal witnesses not knowing what that testimony is14
going to be. There is information Mr. Coppler, the15
Town Manager, is on his way down here now that weve16
heard from the witness indicating that he had alleged17
conversations with Mr. Coppler. I dont know what18
those are until we get to hear.19
If the Court has opened up the record beyond the20
record to allow evidence in there I have the right,21
the due process right to put on my rebuttal witness.22
ATTY. BISHOP: He had the right to take Mr.23
Tallaritas deposition prior to today and he did not.24
ATTY. DENEEN: What does that have to do with 25
ATTY. BISHOP: -- and in this case the scope of26
the evidence is seriously limited by the Practice27
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Book, and its incumbent upon Counsel to ask for1
permission for every witness to conduct discovery and2
to ask for permission concerning each witness and3
what they are going to testify about and why they4
should be allowed to testify about it.5
Im not prepared for Mr. Copplers testimony6
today. I didnt know that Mr. that Attorney Dennen7
was going to call Mr. Ladd.8
ATTY. DENEEN: Your Honor, if I could just 9
ATTY. BISHOP: I mean Ive disclosed our I10
mean in having to do this Ive disclosed I had to,11
basically, months in advance disclose the basis of12
our entire case to opposing Counsel in order to get13
permission from the Court to put it on.14
ATTY. DENEEN: Which never included 15
ATTY. BISHOP: -- and now hes doing it last16
minute.17
ATTY. DENEEN: It never included any reference18
to Mr. Coppler.19
THE COURT: Which what?20
ATTY. DENEEN: Which did not include any21
reference to Mr. Coppler.22
ATTY. BISHOP: He had the opportunity to depose23
Mr. Tallarita and he did not. If he had taken his24
deposition and heard that testimony and then wanted25
to rebut it with Mr. Copplers testimony, that would26
have been a timely thing to do. But to do it today27
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is just not appropriate.1
ATTY. DENEEN: Its inappropriate your Honor,2
the Plaintiff has put their case on in chief. I have3
the due process right to respond to that. Ive heard4
the testimony and Im prepared to put on my5
witnesses.6
THE COURT: Okay. Are you through?7
ATTY. DENEEN: Yes.8
THE COURT: This has already turned out to be an9
unusual case because Ill to be honest with you,10
because of the statements by Ms. Longhi and the11
statements about her and what she said and the12
business with the Hazardville Water Company, among13
other things.14
If I decide, and Im certainly not prepared to15
say that now, to overturn the Planning and Zoning16
Commission, do you want another grounds of appeal,17
number one.18
Number two, and Im not saying Im going to do19
that, I havent because I have some serious20
questions and I will quote some of the law to you,21
which I think is in the briefs anyway.22
On Ms. Longhi or Mrs. Longhi if, in fact, I23
believe that she was biased, and Im not saying I do24
believe that at this point. And if, in fact, I25
believe that I dont want to say the fruit of the26
poisoness tree, but that you poisoned the well, if27
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you will.1
Attorney Deneen has raised some very appropriate2
questions, which is why wasnt that brought out at3
the public hearing. And I know the reasons, I4
understand the reasons why they didnt want to do it.5
They didnt want to tick-off the rest of the members6
of the Commission when they still thought that they7
had a chance to win this thing. And, after all, she8
was only one vote and would she be accepted as to her9
view points and so forth. I understand all of that.10
But the law, as I read it, and this is something11
you could all brief afterwards, is that the12
Commission doesnt have a chance to respond until13
after the decision had been made. They dont have a14
chance to respond at the public hearing because it15
wasnt brought up, and that is a difficult point for16
the Plaintiff here. Im not saying you cant17
overcome it.18
So, also, there is rebuttal whether Attorney19
Deneen had the opportunity to depose Mr. Tallarita, I20
probably should call him Mayor Tallarita, they all21
seemed to be mayor at one time or another; that he22
didnt take advantage of that. Theres no23
requirement that he do so. And so the rebuttal seems24
to me to be allowed on the basis that when things25
come out that maybe havent been said before it seems26
to me Defense Counsel has a right to rebut that27
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evidence just as you would in a regular trial you1
have the Plaintiff going first, you have the2
Defendant going second and then the Plaintiff rebuts3
what he has heard from the Defendant.4
Now, Attorney Bishop, if you are concerned that5
you are not prepared you can put on these witnesses,6
go into the argument and you can have a day until7
tomorrow to come to cross-examine them, if thats8
what you want to do. I think you ought to hear what9
they have to say.10
Before you do that, let me put it this way to11
you, I will allow you to cross-examine and let you12
cross-examine more tomorrow in order to take away any13
prejudice you may have by not having an opportunity14
to prepare the examination.15
I know youve got something in the morning and16
youve got something in the afternoon or vice versa.17
But, this has to be done tomorrow if you want to do18
that. And Im going to allow that and you will have19
to fit it in. Youre on trial and that takes20
precedence, unless, youre going to a funeral or21
going in for a bypass or whatever, this takes22
precedence.23
So, Im going to allow him to put on his24
witnesses. You can take your notes. You can object,25
obviously, you can cross-examine them. But if you26
decide at the end of the day that you want to cross-27
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examine them further after youve reviewed their1
testimony and want to prepare for it Im going to2
allow you to do that so theres no prejudice to you.3
And if you want to do a deposition of them you can do4
the deposition right after court today, Ill allow5
that.6
But, Attorney Deneen you can put on your7
rebuttal or your defense as it may be.8
ATTY. DENEEN: Thank you, your Honor. Mr. Ladd,9
please?10
(witness sworn in)11
THE CLERK: Can you state your name, for the12
record, spelling your last name, please?13
THE WITNESS: Charles W. Ladd, L a d d.14
THE CLERK: And would you state your address,15
for the record, please, sir?16
THE WITNESS: My address?17
THE CLERK: Yes.18
THE WITNESS: 30 School Street, Enfield,19
Connecticut.20
THE CLERK: Thank you. You may be seated.21
THE COURT: Welcome to Hartford, Mr. Ladd.22
THE WITNESS: Thank you. Interesting day.23
THE COURT: As I said, this is not the usual24
zoning appeal. Go ahead, Counsel.25
ATTY. DENEEN: Thank you, your Honor.26
* * * * *27
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C H A R L E S W. L A D D, having been sworn, was examined,1
and testified under oath as follows:2
DIRECT EXAMINATION BY ATTY. DENEEN:3
Q Mr. Ladd, do you currently serve on the Enfield4
Planning and Zoning Commission?5
A I do.6
Q And did you participate in the public hearings and7
deliberation and vote on the pending matters before this8
Court with regard to Villages, LLC?9
A Yes.10
Q Okay. Were you here earlier today when Mr. DiPace11
testified?12
A I was.13
Q And do you recall hearing Mr. DiPace describe a14
conversation that allegedly occurred amongst that you were15
included at with regard to Ms. Longhi?16
A Yes, I heard the testimony.17
Q And do you recall he testified that he thought that18
occurred in 2006 or 2007?19
A Thats what he testified.20
Q Do you recall that he testified that you were present21
during that conversation?22
A Yes, I do recall that he testified to that.23
Q Do you have any recollection of any such24
conversation?25
A Not at all.26
Q Is that the type of conversation that would have27
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stuck out in your mind?1
ATTY. BISHOP: Objection; speculative.2
THE COURT: Excuse me, I didnt hear the3
question?4
ATTY. DENEEN: Is that the kind of conversation5
that would stick out in your mind?6
ATTY. BISHOP: Objection, its speculative.7
THE COURT: That is speculative. Im going to8
sustain that. He says he doesnt have any9
recollection.10
BY ATTY. DENEEN:11
A As I put in a deposition to this young lady that I12
have absolutely no memory of that 13
ATTY. BISHOP: Objection. There is no question14
pending, your Honor.15
THE COURT: That may be stricken. No, offense16
but youre not answering a question at that point.17
THE WITNESS: Oh, Im sorry.18
ATTY. DENEEN: I have nothing further,19
obviously.20
ATTY. BISHOP: Nothing further?21
ATTY. DENEEN: But the questions he was asked he22
says he was not --23
ATTY. BISHOP: Nothing further. I almost feel I24
should apologize for the vigorous objections.25
ATTY. DENEEN: I thought thats where it was26
going to go, but.27
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THE COURT: You may step down, sir, youre1
excused. Next witness?2
ATTY. DENEEN: The Defendant recalls Mrs. Lori3
Longhi?4
THE COURT: Youve had an opportunity to prepare5
for her questioning; right?6
ATTY. BISHOP: I have, your Honor, and I have no7
objection to her as a rebuttal.8
ATTY. DENEEN: Mrs. Longhi, youre still under9
oath.10
THE COURT: Youre still under oath; is that11
what he said?12
ATTY. BISHOP: Yes.13
THE COURT: Okay.14
15
16
17
18
* * * * *19
20
21
22
23
24
25
26
27
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L O R I L O N G H I, having been previously sworn, was1
examined, and testified under oath as follows:2
DIRECT EXAMINATION BY ATTY. DENEEN:3
Q Ms. Longhi, lets start by discussing Harzardville4
Water; you were present when Mr. Meade testified?5
A Yes.6
Q Okay. Did you have any conversations with Mr. Meade7
regarding the Villagess applications that are the subject8
of this appeal, outside of the public hearings that were9
conducted before the Enfield Planning and Zoning Commission?10
A No.11
Q You were here when he testified that you came to his12
office at Hazardville Water Company?13
A Yes.14
Q Is that true?15
A No.16
Q How many times have you been inside the Hazardville17
Water Company building?18
A Once in my life.19
Q When was that?20
A It was in 2007, and it was regarding another21
subdivision.22
Q A subdivision that you were involved with or that was23
coming before the Planning and Zoning Commission?24
A That I was involved in.25
Q As a potential buyer?26
A Yes.27
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Q And where was that conversation held?1
A In his conference room.2
Q In 2007?3
A Yes.4
Q And what was that conversation, you indicated it was5
a subdivision; what subdivision was that?6
A It was subdivision on Post Office Road owned by John7
McCricky(fin) and I was the potential buyer of the property.8
And the property was between Connecticut Water and9
Hazardville Water and so we had to conduct a meeting to find10
out whose water was in control, how much water pressure they11
had and how much you know, how much it would cost us per12
foot to do it. It was a meeting regarding that.13
Q Other than that one time have you ever met face-to-14
face with Mr. Meade?15
A No.16
Q Have you had other occasions in which to go to17
Hazardville Water Company?18
A Yes.19
Q And what happened on those occasions or on that20
occasion?21
A Well, in it was October of this past year.22
Q 2011?23
A Of 2011. I had purchased a property that was in the24
Hazardville Water Company district, and I needed to drop off25
a check. And I asked my son to go into the building for me26
because I knew I had only been in there once in my life and27
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I could safely say thats the only time I ever was inside1
that building. So, he dropped the check off and gave me the2
receipt. I was in the car.3
Q Now, do you recall in your deposition testimony, you4
indicated that you had never heard of or met Mr. Meade?5
A Yes.6
Q And were you mistaken in that?7
A Yes.8
Q And how did you come to understand that you had met9
him this one time?10
A Well, because I didnt know who was in the meeting11
and I made a phone call to find out who was the water12
personnel person that attended that meeting.13
Q And who did you call?14
A I called my father.15
Q And was he present at that meeting, also?16
A He was present at that meeting.17
Q So its your testimony, under oath, that other than18
that one meeting with regard to a different subdivision you19
had not had any face-to-face conversations with Mr. Meade?20
A That is correct.21
Q Did you withdrawn. With regard to your22
relationship with Mr. Tallarita, do you have any ill23
feelings directly personal toward Mr. Tallarita at this24
time?25
A No.26
Q Did you have any ill feelings or bias against Mr.27
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Tallarita at the time that he made this application or the1
Villages made this application?2
A No. No.3
Q Regardless of your feelings pro, con or indifferent4
to the principals or their families of Villages, LLC; were5
you able to set aside whatever those feelings pro, con or6
indifferent and hear this application on its merits?7
A Yes.8
Q Could you set those aside and make your decision9
solely on the basis of the evidence produced at the public10
hearing?11
A Yes.12
ATTY. BISHOP: Objection. He is asking her to13
give an opinion about the ultimate issue in the case.14
THE COURT: Excuse me?15
ATTY. BISHOP: Hes asking the witness to give16
an opinion about the ultimate issue in the case.17
THE COURT: Well, first of all, its leading.18
Very leading.19
ATTY. BISHOP: That is leading.20
THE COURT: The objection is sustained.21
ATTY. DENEEN: On the basis of leading, your22
Honor?23
THE COURT: Well, on the basis of leading and I24
mean she is obviously testifying that whatever if25
she had any antipathy towards Mr. Tallarita or the26
other parties that didnt enter into her decision.27
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Attorney Deneen, I would be shocked if she said1
it did.2
ATTY. DENEEN: Well, your Honor, thats one of3
the legal standards of whether or not a Commission4
member I mean its
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