kyle brennan scientology case - stephen bohling deposition transcript 22 jul 2010

8/3/2019 Kyle Brennan Scientology Case - Stephen Bohling Deposition Transcript 22 Jul 2010

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EXHIBIT 7



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UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

TAMPA DIVISION

CASE NO: 8:09-CV-264- T-23EAJ

ESTATE OF KYLE THOMAS BRENNAN,

By and through its Administrator,

Victoria L. Britton,

Plaintiff

VS.

CHURCH OF SCIENTOLOGY FLAGSERVICE

ORGANIZATION, INC., DENISE MISCAVIGE

GENTILE, GERALD GENTILE AND THOMAS

BRENNAN

Defendants

• • ••• • ••• • • • • • • • ••• • • • • • • •• • • • • • • • • • • • • • •• • • • • • • ••••

DEPONENT: STEPHEN BOHLING

DATE: JULY 12, 2010

9:00 A.M. - 2:58 P.M.

LOCATION: JOHNSON, POPE

915 CHESTNUT STREET

CLEARWATER, FL

REPORTER: DENISE ANN HERROLD

NOTARY PUBLIC

STATE OF FLORIDA AT LARGE

D & D REPORTING SERVICE, INC.

July 12, 2010 ESTATE OF KYLE BRENNAN, ET AL v . CHURCH OF SCIENTOLOGY, ET AL

73B4dd31424c4e20-a7dc-e5 bb576Ba

mailto:[email protected]




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3000 GULF-TO-BAY BLVD. SUITE 500

CLEARWATER, FL 33759

(727) 723-2002 1-800-468-2003 FAX 727-723-2003

A P PEA RAN C E SI

For the Plaintiff: KENNAN G. DANDAR, ESQ.

5509WEST GRAY ST. STE 201

TAMPA, FL 33609

For the Defendant: LEE FUGATE, ESQ.

ZUCKERMAN,SPAEDER

101 E. KENNEDY BLVD, STE 1200

TAMPA, FL 33602

RICHARD ALVAREZ, ESQ.

1509W. SWANN, STE 240

TAMPA, FL 33606

ALSO PRESENT: SARAH HELLER

RAY EMMONS

* *

INDEX

Direct Examination by Mr. Fugate.................. 3

Cross-Examination by Mr. Dandar ".. 72

EXHIBITS

Deposition

Exhibit No.

1

Marked for

Description Identification

Clearwater Police Report 4

P a g e 3

1 STEPHEN BOHLING 1

2 WASCALLED AND AFTER BEING DULY SWORNWAS EXAMINED AND 2

3 TESTIFIED AS FOLLOWS: 3

4 4

5 DIRECT EXAMINATION 56 BY MR. FUGATE: 6

7 Q. Good morning, Detective Bohling. Would you 7

8 please state your name and your occupation for the 8

9 record, sir. 9

10 A. Sure. Good morning, My name Is Stephen, 1 0

11 S-t-e-p-h-e-n, last name Bohllng, B-o-h-I-j-n-g, and I'm 11

12 a detective with the Clearwater POlice Department. 12

13 Q. And we've all done our Introductions prior 13

14 to the beginning of the deposItion, but agaIn for the 14

15 record, I'm Lee Fugate, and I represent Denise and 15

16 Gerald Gentile. This Is Sarah HeUer. She Is a 16

17 representative from Flag and that's Mr. Rick Alvarez who 17

18 represents Thomas Brennan, and you know - 18

19 (At thIs tIme there was a dIscuss Ion 19

20 off the racord.) 20

21 BY MR. fUGATEI 21

22 Q. That·s Bob Polter who stuck his head In who 2 2

23 represents flag. Ken Dandar who represents the Estate 23

24 and I guess with him Is Mr. Ray emmons. 24

25 Would you for the record, please, just tell 25

P a g e 4

1 us about your background in terms of your experience as

2 a pollee officer, training and experience.

3 A. Sure. I've been a police officer for 19

4 years this month. Started my career at Tampa P.O.In

5 1990; at which time I was laid off by the City of Tampa.

6 My entire class was. In 1991 I actually came over to

7 Clearwater - the Clearwater Pollee Department. I

8 served five years as a uniformed officer on the streets

9 here in Clearwater. Worked all the districts In the

10 city. Was a DUI investigator. Was a sex crimes

11 Investigator and also a field training officer during

12 that time.

13 Q. And so the bulk of your career then has

14 been here In Clearwater?

15 A. My entire 19 years has pretty much been

16 here In Clearwater. Yes, sir.

17 Q. Have you In the past worked other suicide

18 cases?

19 A. J've worked many of them. After my five

20 years in uniform patrol in 1996, I made detective here

21 in Clearwater. Worked child abuse, crimes against

22 children, sex crimes, adult and children and child

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pornography cases. Approximately three years after that

then I actually entered Into the robbery homicide unit

and that was approximately 1998 and a half. And from

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ESTATE OF KYLE BRENNAN, ET AL v . CHURCH OF SCIENTO LOGY, ET AL

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that point on became directly Involved In several

hundred death Investigations, suicide Investigations,

officer Involved shootings, as well as homicide

Investigations.

Q. So It·s fair to say that In this particular

case this was not your first Investigation of the death

of an individual by gunshot?

A. That is accurate.

MR. FUGATE: Now, unless anybody else has

any questions about qualifications, I'm just

going to launch Into -

MR.DANDAR: I'll reserve.

(At this time Defendant's Exhibit No.1

was marked for identification.)

BYMR. FUGATE:

Q. All right. I'm going to show you what's

been marked we' II call it Exhibit A here which Is I

think - Exhibit 1 I guess we can call it then.

I'll ask you to take a quick look at that

and see If you can Identify that for the record, sir.

A. This Is consistent with the reporting

system that we were using at that time, which was LERS

by the report Involving the Incident with Kyle.

Q. That would be Kyle Brennan?

A_ That's correct, Kyle Brennan.





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1 Q. And I did not hear what you called the 1 something that·s normally stamped on a LER5 report orl

2 reporting system, I'm sorry? 2 any report system that I've ever been Involved In In

3 A. It was actually at that time we used a 3 Clearwater.

4 system called LERS. The acronym was L·E·R·S. That was 4 Q. If we have a tracking system that we mark

5 the reporting system that we utilized at that time. We 5 things by Bates numbers, I would represent to you that

6 no longer use It now. 6 that would be what that is, but other than that that

7 Q. Well, how did that reporting system 7 does appear to be, without looking at every page, a copy

8 function at that time when you were compiling the report 8 of your report?

9 here? 9 A. Yes, it does.

10 A. It functioned fine. It was accurate. It 10 Q. Now, I'm going to ask you if you look at!

1121 worked. I think we Just did an upgrade in our entire 1121 the first page for the purpose of the record the report

system and went to ACISS that we use now. A·C·I·S·S. number iswhat, sir?

13 Q. And my question was really how did itwork, 13 A. 2007-3872.

14 meaning is it sort of a chronological system that as you 14 Q. Can you tell us when that report was

15 open a report and enter things, It tracks as you go? 15 opened?

16 A, That's correct. Iapologize. Yeah. 16 A. This report was opened on February 7,2007.

17 Actually every time you open up a new report in It, it 17 Q. 17th?l

18 will assign Ita new supplement report and the date Is 18 A. 17th. yes. I'm sorry if I said 7. 17th.

19 timed - or the time and date is stamped into that 19 Q. Can you tell us when you closed it!

20 report automatically. 20 according to the report?

21 Q. Now, for the purpose of the record, I Just 21 A. I did my final conclusion and closure -

22 showed you a copy of a record that I received when I 22 Q. I might be right up here on the front

23 made a public records request back in January of 2009. 23 actually.1

24 I know you dldn·t read every page, but does that appear 24 A. Yeah. that's not going to be accurate.

25 to be a copy of the LERS report that you generated In 25 This will only stipulate what was done on the first

r - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - · - - - - - - - - - - - - ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - l j

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evening by Officer Yuen, Y·u·e·n. That doesn't notice

anything about closure unless you're talking about down

::a~ry:~~:er~f:~~::~:~ed other, 11/20/2008. Is that

Q. Right. If you want to verify, do that,

that's fine.

A. I definitely did a lot of follow-up work onl

this case.

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the Kyle Brennan matter?

A . Well, It definitely appears to be as far as

the physical reporting of it where if somebody would

type In a physical report. There are other documents,

though, and I know that -

Q. I know that there are letters that you got.

There are other things that are not attached to that,

but that's the report, per se, I think. Is that correct?

A. Without looking at every other page, but

Just basing It on the thickness of it, I would say it

appears to be accurate, yes.

Q. Well, I'm going to refer to it from time to

time so if you'd just keep that handy, I'd appreCiate

it.

A . Sure.

MR. DANDAR: Could we stipulate and have

the officer recognize that the Bates numbers arenot part of his report?

MR. FUGATE: Sure. Unless they are. I

mean Idon·t think they are.

MR. DANDAR: Let's ask him then If that·s1

22 all right with you. These numbers down here?

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Q . Well, I'm going to ask you all about that.

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ESTATE OF KYLE BRENNAN, ET AL v . CHURCH O F SCIENTOLOGY, ET AL

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A. Yeah. The review date and closure was

11/20/2008. That Is accurate.

Q . So starting with the 17th, can you tell us

what you did on the 17th? When was the call received

either by you or by EMS or by the 911 system by looking

at the report?

A. Well, Initially when this call came in on

the 17th I was not involved initially.Itwas handled

by Officer Yuen, and he was working midnights I believe

that night, but the call on here states approximately

ten minutes after midnight on February 17, 2007, is when

the first time that the pollee department was contacted





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1 scene. I did not get called out for this, but the next 1

2 morning or the Saturday morning I was actually assigned 2

3 as the evening shift detective in the homicide unit, and 3

4 my supervisor asked that I follow up on what had 4

5 happened the night prior and do any type of follow up 5

6 that may be needed. 6

7 Q. And If you flip to Page 13 of your report, 7

8 I think that may start - 8

9 A. When you say 13, you're referring to your 9

10 number 13? 10

11 Q. No, no, up here, I'm sorry. Right up here, 11

12 I think It's your number 13. Does that start where you 12

13 became Involved as the first supplement? 13

14 A, That's correct, yes, sir. 14

15 Q, All right, Can you tell us generally what 15

16 you did once the case was assigned to you? 16

17 A. One of the first things that I did actually 17

18 was speaking to Kyle Brennan's father, Thomas Brennan. 18

19 Mr. Brennan had contacted the police department that day 19

20 and he wanted to let somebody know that he was going to 20

21 be leaving the residence where this occurred and staying 21

22 somewhere else. And it was my understanding that he 22

23 wanted to make sure he told somebody that. He didn't 23

24 want It to seem like he had abandoned the Cleveland 24

25 Street location where Kyle had passed away. 25

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1 Q, Old you actually talk to him about that? 1

2 A. I did, yes, sir. 2

3 Q. All right, Can you recall today generally 3

4 what he said and you said? 4

5 A. I remember telling him that I would be 56 assigned as the detective on the case, that I would be 6

7 providing any follow up that would be needed. He wanted 7

8 my assurances that he could leave the property and he 8

9 wanted to make sure that I didn't have a hold on the 9

10 property, like It was being locked down as a scene or 10

11 anything. I told him that was not the case, and that he 11

12 was free to move about anywhere that he wanted to. He 12

13 gave me an Idea of where he would be staying. He 13

14 couldn't recall the exact address, but I'm familiar with 14

15 the Pennsylvania Park area he described In a detail, and 15

16 I did have his cell phone which he provided. He wanted 16

17 to make sure that I knew that If I needed anything from 17

18 him, I could call him. 18

19 Q, And Jumping ahead a little bU, Did that 19

20 seem to be, as you experienced It, consistent behavior 20

21 by him throughout the time that you had contact with him 21

22 In the Investigation? 22

23 A, I always found Mr. Brennan to be 23

24 cooperative whenever I did deal with him, There was 24

25 never a time where he was uncooperative or angry with me 25

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or anything like that that I could recall. You know, we

did have an Issue of maybe something that should have

been brought up to me that wasn't at the specific time.

We talked about that, It's documented. He provided his

reason for that. Other than that I always found Mr,

Brennan to be cooperative with my investigation,

Q, Well, since we're there by your statement,

could you tell us what that was?

A. Sure, Yeah, I didn't mean to Jump ahead,

but I wanted to make sure I was accurate In my - In my

answer.

Q. That's okay, I'm Just going to go through

this, but just so that we flow, I guess, What was that

Issue and how did it come up and how did Mr. Brennan

address it?

A. Well, the issue was the computer, Kyle's

computer. At the time that this Initially was

documented and came about, I wasn't even aware of a

computer, and Itactually came up through the family

later on up In Virginia that had contacted me to say,

hey, we have a possible Issue with the computer here, we

want you to look Into It.

Once I found out about that, I spoke to Mr.

Brennan about It If anybody had gone Into a computer,

researched any records, deleted anything and It was his

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response Initially that, no, that that was not the case,

Later on I was able to disprove that and say, no,

somebody went Into that we have reason to believe, This

was prior to the forensic review being done, And at

that point In time he didn't believe that I had ever

asked him that. He didn't recall It. He apologized.

And then he provided Information as to what did actually

happen, provided the name of the person that actually

did access Kyle's computer and turned over additional

documents.

Q. And when you say he Identified who had

accessed the computer and turned over the documents, do

you recall·· we can look In the report, but do you

recall when that was?

A. The date that the documents were turned

over to me?

Q. Yeah.

A, I can provide that to you,

Q. I think It might have been somewhere around

March,

A. It's moving on later because I know the

attorney actually provided •• Mr, Brennan's then

attorney actually provided the documents to me. I

believe Mr. Johnson was his attorney then,

Q. Paul Johnson?

July 12, 2010

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ESTATE OF KYLE BRENNAN, ET AL v . CHURCH OF SCIENTOLOGY, ET AL

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1 A. Yes, sir. 1 you not find? Is there anything that you found during

2 Q. That·s okay. I'll catch up to that. Let 2 the procedure that I should go out now and follow up on?

3 me ask you if you go back to Page 13, could you tell us 3 And that·s exactly what I did.

4 as you recall what you first did besides talking to Mr. 4 Q. In that conversation with Marti Scholl, did

5 Brennan on thEtfirst day that you wEtreassigned the 5 you haveany Indication that they had found any evidence

6 case, which was, as I understand itand I'm not trying 6 of foul play In the death of Kyle Brennan?

7 to put words inyour mouth, that the responders got 7 A. There wEtreno Indications of that.

8 there sometime close to midnight on the 17th, and then 8 Q. Did she discuss with you the findings of

9 the responders were EMS, Medical Examiner's Office and 9 the autopsies such as she knew them?

10 Detective Yuen as you described. And you by your lOA. Yes, the preliminary findings. Because

11 statement now say that you started working on it when it 11 they're never finalized until the toxicology comes back

12 was assigned to you that same day. 12 and that's usually several weeks later, But her Initial

13 So approximately how many hours had passed 13 response was that there was nothing suspicious that was

14 since the first responders responded and you bogan your 14 noted, and the procedure was consistent with suicide.]

15 investigation? 15 Q. Inote on Page 14 that you make reference]

16 A. It would have been approximately 15 hours 16 to re-contacting Medical Examiner Forensic Investigator

17 later. 17 Marti Scholl. Can you tell us the purpose of that

18 Q. What did you do? 18 contact?

19 A. As I stated earlier, I spoke to Mr. Brennan 19 A. Yes. It was my goal at that time to find

20 because he had called the police department, That was 20 out a little more history on the psychological

21 the first thing that I did. Then Ireviewed the initial 21 background of Kyle and a little bit more about the

22 report which I'm looking at right now that was completed 22 medication that he was prescribed. Just to confirm the

23 by Officer Yuen to find out the facts and the 23 date that It was actually assigned to him, what the

24 circumstances of what he had Investigated out there 24 prescription mayor may not have been, how long it would

25 earlier that day. I also contacted the Medical 25 have been, things like that.I----------------------------------------------------~----------------------------------------------------I~

Page 14

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1 Examiner's Office in an attempt to speak with Marti 1

2 Scholl who is an investigator I worked with numerous 2

3 times on many cases. 3

4 Q. Now, In reviewing Detective - or Officer 4

5 Yuen's report, did you note that there were any signs of 5

6 foul play at the scene that he observed? 6

7 A. There were none listed in his report. 7

8 Q. And when you say you reviewed his report, 8

9 did you review Itwith an eye towards was there anything 9

10 that you wanted to go back and take a look at, If I'm 10

11 making sense? 11

12 A. No. That makes a lot of sense. That's 12

13 part of the reason why we'lI actually do that. We want

14 to make sure that everything was covered, everything was 14

15 done properly so that we're looking at a reasonable time 15

16 window if something else needs to be done. I can stili 16

17 make sure that It's addressed on the same date. 1718 Q. Then I would assume that·s why you called 18

19 Investigator Scholl to determine what observations had 19

20 been made by the Medical Examiner's Office? 20

21 A. Correct. Because I knew or I had 21

22 Information by this point that the autopsy had been 22

23 completed, and the relationship that we have with the 23

24 investigators down there allows us - we can call them 24

25 one on one and we can say, What did you find? What did 25

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Q. Did you actually have a conversation with

Marti Scholl?

A. Idid not at that time.

Q. Old you subsequently?

A. Idid. Later on Idid.

Q. Do you remember or does your report reflect

when that was?

A. On March 5, 20071

Q. Well, no. I was looking at March 26 on

Page 14 there appears to be a contact by-

A. Yeah, that was on February 26 -

Q. I'm sorry, did Isay March?

A. Yes.I

MR. DANDAR: Yes.

BY MR. FUGATE:

Q. Okay, February. You know what, I didn't

bring my glasses so you guys make sure to track me.A. Yeah. Initially when I first spoke to

Marti, I wanted to make sure she was going to be in

touch with Kyle's doctors, and the reason that we do

that Is the Medical Examiner's Office has a lot more

leeway in making contact with other medical or

psychological providers. In a case like this, It would

take subpoenas and time to get the information. As a

Medical Examiner, they have the rights to get to these

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medical records immediately, and that's exactly why I 1

was calling Marti to do that. She said she would be 2

contacting the doctor to speak with him to get the 3

specifics on the Lexapro that Kyle was assigned, and 4

that she would let me know the results. 5

Q. Just by looking at your report can you tell 6

us what contact that Marti Scholl said that she had with 7

Dr. McNamara? 8

A. Sure. She identified, she being Marti 9

Scholl. I don't know if I gave you the spelling on 10

that. You got It already? 11

Q. Yeah, we've got it. 12

A. She confirmed Kyle's doctor as being Dr. 13

McNamara, M·c.N·a·m·a·r·a, and he was based out of 14

Charlottesville, Virginia. He confirmed that Kyle had 15

been exhibiting early signs of schizophrenia, to Include 16

paranoia and delusions, and that he did prescribe 17

Lexapro to Kyle. He advised that the Lexapro should be 18

administered on a long·term and regular basis for the 19

proper results to be obtained. Dr. McNamara told Marti 20

Scholl that he was not aware of any major side effects 21

if one was to suddenly stop taking the Lexapro. 22

MR. DANDAR: Can we have the record reflect 23

that he's Just simply reading from his notes? 24

BYMR. FUGATE: 25

Examiner'S Office do that, I take It, Is because they

A .

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have the authority to do that without subpoena, correct?

Well, they do and in any case such as this

where there might be psychological issues involved in a

suicide, it would be protocol. Part of our

Investigation to make sure that that happens. We can

make it happen a lot faster with the M.E.'s office, yes.

Q. In the interim between February 26 and

March 5 when you talked to Marti Scholl again, did you

have any contact with anyone else regarding Kyle

Brennan's death?

A. Yes, sir, I did.

Q. Who would that have been?

A. I started getting voice mails from a

gentleman by the name of Detective Carl Brown. I

believe it's Able Morrow County Police Department,

Charlottesville, Virginia.

Q. I think you're the only person that's

pronounced that correctly.

A. Did I pronounce it correctly?

MR. DANDAR: Is that how you pronounce It?

BYMR. FUGATE;

Q. Yes, it is. Anyway, before you actually

made contact with him, did you then get a contact, a

telephone contact with Marti Scholl on, and this time I

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A. I'm reading from my report, yes, sir.

Q. I' ll come back and -

A. Well, you did ask me to tell you what-

Q. Yeah, I know, exactly.

A. I want to make sure I'm following the

rules. 6

MR. DANDAR: Yeah, I know. I Just wanted 7

to make it clear. 8

BYMR. FUGATE: 9

Q. Goahead. Well, let's back up, On the 10

23rd your report reflects that you tried to contact 11

Marti Scholl to ask If she could contact the prescribing 12

doctor, is that correct? 13

A. Correct. That Is accurate. 14

Q. And then It appears that on the 26th of 15

February, 2007, you did have contact with Investigator 16

Scholl, correct? 17A. That's accurate. 18

Q. What did Investigator Scholl advise you 19

then? 20

A. At that time she said that she would be 21

reaching out to Kyle's doctor to find out any 22

Information about his diagnosis and any medications that 23

he was actually taking or had been prescribed. 24

Q. And the purpose In having the Medical 25

P a g e 21

1 think I'm right, March 5, 20071

2 A. The way it worked is I first got a voice

3 mail from Detective Brown up north on Mareh 5, 2007,

4 approximately 1400 hours. I attempted to call him back

5 on that same date at approximately 1515 hours, I got

his voice mail so I left him a message. Than after that

at approximately 1550 hours is when I actually

physically spoke with Marti Scholl.

Q. Can you tell us what you noted in your

report that she said to you?

A. Those were the things that I think I just

covered a minute ago when the gentleman said I was

reflecting from my report, but basically what it was she

made contact with the doctor, confirmed that he had

treated Kyle, that he was showing signs of

schizophrenia. I guess hewas having some psychological

concerns so heassigned him, prescribed him Lexapro totake. And that's when he also - because Marti I know

asked outright what would the effects be, the side

effects of sudden stopping, not taking it at all, they

discussed those things. Itwas my understanding through

Marti that he was not aware of any side effects if one

was to stop taking the Lexapro suddenly.

Q. Now, obviously - well, I should ask you,

as of February 17 had you ever met or did you know

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1 anyone by the name of Kyle Brennan?

2 A. Myself ever meet him, no, sir.

3 Q. To your knowledge had Marti Scholl ever met

4 or known anyone known as Kyle Brennan?

5 A. Not to my knowledge, no.

6 Q. In your review of Officer Yuen's report,

7 did you determine that there had been a prescription

8 boUle of Lexapro recovered on the 17th?

9 A. Yes.

10 Q. And did you have any other observations or

11 any other knowledge about when that prescription had

12· been issued and how many pills were remaining In the

13 pill boUle?

14 A. It was Just based on the report or the

15 documentation by Officer Yuen. That was the first

16 knowledge that I had of It.

17 Q. Doyou remember when the prescription was

18 issued?

19 A. The Lexapro was filled on 11/2412006 with

20 an origination quantity of 30. It was issued by Dr.

21 Stephen McNamara, and at the time that we began our

2 2 Investigation or when Officer Yuen was out there there

2 3 was 16 pili s left in the bottle.

24 Q. And the bottle was taken into evidence and

25 to your knowledge was maintained in evidence and is to

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this day, correct? 1

A. That is accurate. 2

Q. In examining that bottle was it your 3

determination that there were, in fact, 16 pllls left In 4

the prescription bottle? 5

A. Yes. That is accurate. 6

Q. Would that be from your perspective as the 7

detective assigned to this investigation part of the 8

reason that you wanted Marti Scholl to ask the questions 9

about the effect of Lexapro being withdrawn? 10

A. Yes, most definitely. 11

Q. Now, after that -I'm looking at my cheat 12

sheet here. After you had that contact with Marti 13

Scholl on March 5, 2007, did you then actually - first 14

of all, I think you tried to make contact and did with 15

Thomas Brennan, correct? 16

A. That·s correct. We're back at March 5, 17

2007, correct? 18

Q. Yes, sir, we are. 19

A. Yes. At approximately 1635 hours I made 20

telephone contact with Mr. Brennan. 21

Q. Old he agree to meet with you? 2 2

A. Yes, he did. 23

Q. Now, what happened with Detective Brown? 24

Old you have any further contact with him? 25

727~723~2002 d_drp [email protected]

Pa ge 2 4

1 A. At that time I was on the phone with Mr.

2 Brennan, I was receiving a return call from Detective

3 Brown. He left me a voice mall message. Immediately

4 when I hung up with Mr. Brennan. I called Detective

5 Brown back and that's when I learned a little bit more

6 history about the missing person's section or the

7 missing person's portion of the Investigation as It

8 started up north In Kyle's hometown.

9 Q. What did you learn about the missing

10 person's report from Detective Brown?

11 A. He told me that he took amissing person's

12 report on January 23,2007. At that time Kyle was being

13 reported missing by his mother, Victoria Britton. They

14 gave me a pollee report number, which I had marked In my

15 documents here of 2007·00765, and that was with the Able

16 Morrow County Virginia Police Department.

17 At that time apparently Kyle had left his

18 residence on that date and removed approximately $8,000

19 from his own bank account. I also learned from the

20 detective that It was a time where I guess Kyle ended up

21 In Des MOines, Iowa, and had come Into contact with an

22 FBI agent there. I guess the FBI agents there had some

23 concerns by the way Kyle was acting, some of the things

24 that hewas saying, he didn't look completely healthy.

25 Itdldn·t appear like hewas eating. and he appeared to

P ag e 2 5

July 12,2010

7 (Pages 22 to 25)

ESTATE OF KYLE BRENNAN, ET AL v . CHURCH OF SCIENTOLOG Y, ET AL

7 3 8 4d d3 1-4 24 c-4 e2 0·a 7d c·e 5 b b5 76 8a 6

be delusional. These are at the words of the FBI and

this detective, not myself.

Q. This was what was reported apparently to

Detective Brown who was reporting that to you?

A. Correct. Apparently at that time when he

ended up in Iowa he had approximately $5000 on his

person according to the FBI. During that time one of

the agents was able to get a phone number, a contact

phone number for Kyle, which turned out to be a home

telephone number for Kyle's mom, and that's when the FBI

contacted Kyle's mother In Virginia and spoke about Kyle

coming into their office and what their concerns were.

From what I learned from Detective Brown

after that Kyle was noted to travel to San Diego,

California, during the time he stayed with his aunt from

approximately January 8, 2007, until January 15, 2007.

Sometime Just after that Kyle apparently

traveled to Maui, Hawaii. He somehow had contact with

the police there after he had some type of altercation

with an unknown male. After HawaII then he returned

back to California, and he stayed with family members

once again. And then soon after that Kyle traveled to

Clearwater, and that's when he began to stay with

Thomas. Detective Brown said he also spoke with Kyle's

brother, Scott Brennan.





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1 Q. Does he note the date that he spoke with

2 Scott?

3 A. He said he spoke with Scott Brennan on

4 March 2, 2007, and that Scott had concerns that their 4

5 dad Thomas Brennan may have had something to do with his 5

6 brother"s death. At that time Is when It started to 6

7 come Into play that Scott had concerns with his dad's 78 involvement with the Church of Scientology and he felt 8

9 that that was suspect. 9

10 Q. I note here In the report that as you 10

11 apparently, according to the report, were talking to 11

12 Detective Brown, you asked him if he could e-rnall you 12

13 some information. Can you tell us what that was about? 13

14 A. Absolutely. Yeah. What I asked him to do 14

15 If he could e-mall me the narrative portion of the 15

16 misSing person's report that he actually took up there, 16

17 and also an a-mall that was sent apparently from Scott 17

18 Brennan to them. Iwanted to see that e·mall Just to 18

19 flnd out exactly what was being said and what the

20 concerns were.

21

22

23

2 4

25

Q. Did you, in fact, get those emaHs?

A. I did.

Q. Are they reflected here In your report Page

15 and 16?

A. It Is. I pasted it right into the report

1

2

3

important in any death investigation that eventually

It's going to be subject to scrutiny and review, I

believe In letting all the facts be known. It should be

that way.

Q. So Inclusive In your report at Pages 15 and

16 we have the ernalls. You've pasted them In then I

take It out of the way that you received them?

A. I did, yes, sir.

Q. Let me look at that for a second. And the

information that appears to be reflected In the paste-ln

is that Kyle Brennan was under the treatment of Dr.

McNamara and had been for a time. Is that consistent

with what you had learned from Marti SchoU as well?

A. Correct. You're at the bottom of Page 15?

Q. Yes.

A. Yes, that is accurate.

Q. And that also was reflective of the e-mail

of the contact that Mrs. Britton had with the FBI?

A. Yes.

Q. I note on Page 16 that the third paragraph

down, "Mrs. Britton fears for her son's safety, as well

as those who may come In contact with him, particularly

those in an authority capacity."

Do you remember what that was in terms of a

communication, how you - if you followed up on that

19

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23

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2 5

P a g e 2 7 P a g e 29

1 so that It could be available.

2 Q. Let me ask you as we're tracking through

3 your report here, Is It your practice and was Ityour

4 practice In this Investigation to document each contact

5 you had In working on the Investigation as the officer

6 assigned or the detective assigned to the Investigation?

7 A. Do you mean to put In every time I get a

8 phone call and a voice mall message and dates and times?

9 Is that what you're referring to?

10 Q. Yes.

11 A. I do that on all my Investigations. It's a

12 practice of mine. It was nothing special for this case,

13 and I would welcome the review of other reports that I

14 do. I've been actually made fun of for doing this In my

15 case work, but that·s the way I operate.

16 Q. Well, In looking at It It appears to be

17 very thorough and I was Just asking that Is your18 practice?

19 A. That Is my practice.

20 Q. In any case?

21 A. Yes, sir.

22 Q. Is that so that you can document any

23 contact to go back to If you need to or for any other

24 Investigative purposes?

25 A. Well, It's for that, but I think It's

1 with Detective Brown at all?

2 A. Well, I think if the Investigation

3 unraveled later on down the road, I can tell you what I

4 believe that to mean. There was a time - and I know

5 I'm jumping ahead, but Kyle actually called our police

6 department, and we have a recording of that call. It

7 appeared that Kyle felt comfortable In talking with law

8 enforcement, probably mainly on the phone, but he also

9 had a concern that all of the officers were corrupt. It

10 wasn·t Just here in Clearwater, Itwas home where he was

11 from. Itappeared to be everywhere that he traveled to

12 he documented concerns that he had wIth law enforcement

13 being corrupt. I think that was the concern that his

14 mom had was that she was afraid. I think she knew about

15 maybe the way he felt that officers were corrupt and

16 that he may respond In a negative way sometime. I don·t

17 have any Indications that he ever did that, but I think

18 that was his mom's concern,

19 Q. That of course Is reflected In the e-mau

20 that you received from Detective Brown?

21 A. Yes.

22 Q. Now, let·s go on to Page 18. On March 6th,

23 I take It that you did, In fact, meet with Mr. Thomas

24 Brennan?

25 A. That·s correct, I did.

July 12, 20 10

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1

2

Q. And then you took a statement from him

that's reflected In the report there?

1

2

A. That's correct.

Q. Oldyou ask Scott Brennan on March 6, 2007,

3 A. That's correct.

4 Q. I won't go through that. but did you

5 receive then on March 6th a call from Scott Brennan and

6 I think that starts on Page -

7 A. 19.

B Q. 19.

9 A. At the very top there. I did receive a

10 call from Scott, yes, sir.

11 Q. And do you remember what the substance of

12 that call was?

13 A. Basically Scott was telling me that he

14 didn't trust hIs dad. Thomas. and that it should be

15 looked further Into. He had some concerns that his dad

16 was hIding facts In the investigation about what

17 actually transpired.

18 Q. All right. And you took note Isee on Page

19

20

21

2 2

2 3

24

2 5

19 of apparently the sum and substance of whatever 19

communication Scott was making to you, Is that correct? 20

A. Ves. I did. 21

Q. And did you Immediately act on his 22

questions? Ol dyou start to look into the things that 2 3

he raised with you? 24

A. I believe that Id i d .es. 2 5

P a g e 3 2

3 to please send you the computer so that you could

4 conduct a forensic examination of the computer?

5 A. I did do that, yes.

6 Q. And do you recall off the top of your head

7 whether you received that computer on or about that week

B or the next week, March of 2007?

9 A, No. It definitely wasn·t March. It was

10 several months later when I actually got It.

11 Q. I'm going to walk through that so we'" get

12 there. Well, In fact, If you go to Page26, do you see

1 3 down near the bottom that you received an e-mau from

14 the property section clerk Frank Mllanesl that a

15 computer had been received?

16

17

18

A. Yes. sir.

Q. Doyou see the date of that?

A. Ves.

Q. What's the date?

A. September 13,2007.

Q. So the first request for the family to

provide you with a computer that they felt was Important

was March 6th of 20071

A. Uh·huh (nods affirmatively).

Q. And you did not receive It until March ••

P a ge 3 1

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8

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12

Q. Do you remember him at this time talking 1

about the computer? We jumped ahead earlier. but I 2

think this is chronologically where It happens. 3

A. Right. This was a conversation that Scott 4

had brought up the computer. Apparently the family had 5

reviewed It, Kyle's computer, once It arrived home there 6

In Virginia. And In his estimation there were files 7

that he believed had been removed from the system. B

Q. This Is Scott's belief? 9

A, Correct. 10

Q. This I think you note Is the first 11

knowledge that you have that Kyle Brennan was In

1 3 possession of a computer was from this call from Scott

14 Brennan?

15 A. That's correct. This is the first time

16 that I had even known that Kyle had a computer.

'17 Q. Did you later determine how the computer18 got from Clearwater to Scott Brennan and Victoria

19 Britton?

20 A. What I learned Is apparently the dad Thomas

21 had maUed that, along with other personal items

22 belonging to Kyle, back to Virginia, to the family.

23 Q. So they were in possession of the computer

24 according to what you found out In your Investigation

2 5 from Thomas Brennan sending it to them?

P a g e 33

12

September 13 - excuse me, September 13?

A. 2007.

Q. I'm jumping ahead, but we might as well do

it here. As soon as you received the computer, what did

you do with It?

A. I reached out to somebody that I know is a

professional and an expert at forensic review of

computers at the Florida Department of Law Enforcement,

Q. In fact. did you do that that very same day

that you received it?

A. Ves. I did.

Q. How did you transport or transmit the

1 3 computer to this person that you knew to be a forensic

14 examiner?

15 A. I took Itmyself personally. I secured It

16 In my vehicle and I drove Itover to Tampa, their main

17 office, and entered It In as evidence.18 Q. So is it fair to say that as soon as It

19 came into your possession, in fact, the day that you

20 took possession of it. you hand delivered it to a

21 forensic examiner?

22 A. Ves. sir.

23 Q. And who was that forensic examiner and who

24 were they employed by?

2 5 A. The forensic examiner Is Special Agent

July 12, 2010

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1 Barbara Mendez, M-e-n·d-e-z, and she's employed with the 1

2 Florida Department of Law Enforcement. 2

3 Q. Now,jumplng backwards to March 6, if we 3

4 may, In addition to being told about the computer and 4

5 requesting It from Scott, did Scott tell you anythIng 5

6 about any calls that he had found that he wanted you to 6

7 investigate that Kyle may have made? 78 A. The one specific call that I recall that 8

9 came up was the call that I spoke of earlier where Kyle 9

10 actually called our police department and had a 10

11 conversation that lasted a few minutes, and he wanted to 11

12 know what that was all about and why his brother was 12

13 calling the police department. 13

14 Q. Can you tell us what you did to follow up 14

15 on that request from Scott Brennan? 15

16 A. Sure. I spoke with the supervisor In our 16

1 7 communications center. We have a computer-aided 17

18 dispatcher or they call it the CAD's system, and we're 18

19 able to retrieve any call that comes In or goes out of 19

20 the police department as long as It·s done through the 20

21 communication center. Imade a request for that 21

22 approximate date and time of that call and confirmed 22

23 that indeed a call did come In. So Ihad them actually 23

24 make a recording of that so I could review It and make 24

25 it part of the investigation. 25

Page 35

1 Q. So we remain In a chronological sequence, 1

2 as soon as you were made known of the existence of that 2

3 call, you Immediately Investigated and obtained that 3

4 recording, correct? 4

5 A. I definitely began to take action on it. I 56 was Interested to know what was on there without a 6

7 doubt. 7

8 Q. Now, when you had talked to the person who 8

9 Identified themselves liSScott Brennlln, did you note 9

10 what Scott said he would do pursuant to your request to 10

11 ship the computer? He said he would ship it to you? 11

12 A. He did say he would ship It to me, yeah, 12

13 He said he would have the computer shipped to me that 13

14 day when we spoke that he would send it out. 14

15 Q. Now, In this call Is it fair to say In your 15

16 view that Scott Brennan was trying to get you to charge 16

1 7 Thomas Brennan his father with the death of Kyle? 1 7

18 A. To be honest with you, sir, I can't say 18

19 that those words ever came out of his mouth, you know, I 19

20 want you to charge my dad, but it was evident to me that 20

21 he wanted his dad further reviewed, and he was not 21

22 swallowing this whole thing too well that his dad was 22

23 innocent, 23

24 Q. Apparently, given the testimony that we 24

25 just went through, you acted Immediately upon each of 25

d_ drp [email protected]

Page 36

the suggestions that he made to you and followed up on

those?

A. I believe that I did as I documented it. I

felt that Ihad an obligation to the family to follow up

on any concerns that they had and I did just that.

Q. As you noted this WIIS the first time you

found out about the computer. Did you follow up Thomas

Brennan thereafter about tha computer?

A. Idid. That's whan we went back and we

talked about Itas we spoke earlier. One of the things

that maybe weren't brought up Initially, but Idid speak

with him about that, and that's when he gave the

response that we spoke of earlier.

Q. I'm getting ahead of myself. Did you also

receive any documents from Thomas Brennan around or

about this period?

A. I did. I think I copied and reviewed,

They were all handwritten documents that were provided

by Mr. Brennan. There were a total of 3B handwritten

pages, and they documented Kyle's concerns and anger

towards members of his own family, everybody in his

family.

Q. That's father, mother, stepfather -

A. Father, mother, everybody and other people

that I don·t even know. School teachers. Police

Page 37

corruption and persons that he had contact with In

school and those documents, once Igot those, Ihad

those placed in as evidence as well so they could be

available.

Q. All right. Iguess it was In the 3/6 -

and, again, I'm not putting words In your mouth, I'm

looking at your report. 3/6/2007 report that the

suggestion of a person named Gerry came up. Is that

correct?

A. Yes.

Q. And did you also act on that suggestion?

Did you go out and determine from Mr. Brennan who Gerry

was?

A, I did.

Q. Who did you determine Gerry to be?

A. Gerry Is a gentleman that I later met and

Identified as Gerry Gentile, G-e-n-t-I-I-e.

Q. And do you know according to Thomas Brennan

what connection Gerry Gentile had to this suicide that

occurred on February 17,20077

A. Well, the connection that I was able to

make was the fact that Thomas was a family friend to

Gerry, but mostly through Gerry's wife Denise.

According to both Denise and Gerry, Thomas had been

hired to do handyman work for them at different

J uly 1 2 ,2 0 10

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1 residences that they own here In Pinellas County and 1

2 apparently did itquite well. They had a relationship 2

3 that went beyond that where I guess he was over to their 3

4 house for dinner a couple of times. I guess he may have 4

5 been a chef at one time. Thomas helped cook meals. So 5

6 basically Gerry is Denise's husband. 6

7 And specifically the night of this Incident 78 Thomas from what my Investigation revealed reached out 8

9 to both Denise and Gerry, and at that time they offered 9

10 their assistance. 10

11 Q. And where did the notes come from that you 11

12 were referring to on Page 19? 12

13 A. The handwritten notes? 13

14 Q. Yes. 14

15 A. Apparently these were Items that Thomas had 15

16 located In Kyle's belongings prior to shipping all of 16

17 those belongings to Virginia. These were notes that he 17

18 believed may be helpful In my Investigation. 18

19 Q. Going to Page 20 It appears that you did, 19

20 In fact, receive the 911 recording or the call to the 20

21 Clearwater Police Department that Scott mentioned to 21

22 you, Is that correct? 22

23 A. The actual call of Kyle calling our police 23

24 department? 24

25 Q. Yes. 25

Page 39

1 A. Yes, I did. I did receive a copy of that. 1

2 Q. And you've reflected In there essentially 2

3 what he says, correct? 3

4 A. Yes, sir. 4

5 Q. And that's coming from the actual listening 5

6 to the tape, I take It? 6

7 A. That·s correct. I reviewed the entire 7

8 recording. 8

9 Q. And then on that same day, March 12, 2007, 9

10 It appears that Scott Brennan called you back? 10

11 A. That's correct, he did. 11

12 Q. And in that phone call did you update him 12

13 on what you had done with regard to his complaints 13

14 and/or suggestions In the 3/6/2007 call? 14

15 A. I did. I provided an update to him of the 15

16 things I had done so far. 16

17 Q . Do you recall as you sit here - you told 1718 him what you found out about the computer. Did you tell 18

19 him what you had found out about the call that he asked 19

20 you about? 20

21 A. The phone call that his brother made to our 21

22 department, sir. 22

23 Q. Did you tell him what you found out about 23

24 the person named Gerry? 24

25 A. That·s correct, I did. 25


Q. Did you ask him again to send the computer

on to you?

A. I can't specifically recall right now If I

asked him that specific question or not. Knowing me I

probably said, hey, are you going to send the computer

or have you sent it yet. I can't say with a hundred

percent certainty.

Q. But It·s fair to say that he called and

asked for an update and you gave him an update?

A. Oh, absolutely.

Q. Do you think that you were rude to him in

any way or were you trying to answer his questions?

A. To Scott?

Q. Yeah.

A. No, I don't think there was ever a time

that I was ever rude to Scott. Absolutely not.

Q. If you go to Page 21, you note that on

March 21, 2007, you received papers that were located on

Kyle Brennan's person at the scene of the death. And is

this a reflexion of what those papers said without

reading through all of it?

A. Yes, it is.

Q. Did you find that to be consistent with

other Information that you later obtained from both the

computer and from other notes that appeared to be

Page 41

authored by Kyle?

A. It appeared to be consistent to me,

absolutely.

Q. Now, then I think on Page 21 and going over

to Page 22 you received It appears a voice mail message

from Victoria Britton, is that correct?

A. Uh·huh (nods affirmatively).

Q. I note here again that it shows date and

time stamped and a time and that again Is the practice

to document each and every contact that you told us

about earlier?

A. Yes, sir.

Q. Can you tell us what you recall of the

conversation that you had once you finally got in touch

with Victoria Britton?

A. At this time Victoria was adamant that her

ex-husband Thomas be charged with something, that shewanted him held accountable for the passing of Kyle.

There was no doubt in my mind In any contacts that I've

had with her that she was a grieving mother, and as a

parent myself, I fully understand that. It was

difficult at times to try and explain things to Victoria

In a manner that she would understand it, especially on

the phone. It's very tough to do something like that

when you're speaking of death, especially of one's

Ju ly 1 2, 2 010

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P ag e 4 4

1 child. It just did not ever appear that she was really 1 Because I know how to treat people, even under the worst

2 willing to accept anything that I would have to say. 2 of circumstances. The majority of my career has been!

3 And It was more along the lines of why is he not under 3 spent In the North Greenwood community of Clearwater.

4 arrest, why Is he not being charged. 4 If anybody here Is or Is not familiar with that, it's

5 At times I was accused of things that were 5 predominantly black and low Income.

6 Just not true. You know, that I had connections to the 6 Q. It's a difficult area?

78 Church of Scientology. I was being paid by the Church 78 A. I can walk up there at any time with or

of Scientology. She had reviewed videos and saw that without my firearm, and feel reasonably safe that I

9 the police department was being paid off by the church. 9 would get out of there with my life because I know howi

10 I tried to make it very clear to Victoria that I was a 10 to treat people. The same thing applied to this

1121 person that was assigned to this case. I was going to 1121 investigation.

look at it from all angles. I made It clear to her that One of the allegations that hurt the most

13 I was not a member of the Church of Scientology. And If 13 about this is that Victoria told somebody, I think it

1154 even if I was, it would have nothing to do with the 1154 was with the Justice Department in one of the complaints

outcome of this investigation. that she made that I laughed at her and I laughed at her

11 76 Q. Again; she did not appear to want tit accept 1

17

6 about the death of her son, Absolutely not. That

that In your view? actually crushed me when that was said, and I've been

18 A. No, and understandably so. You know, you 18 called a lot of things in this job and I'm okay with

2

19

0

lose a child, but it got to the point where we couldn't 2109 that, but I would I never, never in my right mind even

even speak any more, It got to the point where things consider laughing at anyone over the death of a child,

21 were being said that the way that I was acting and 21 I want to make sure that·s on the record. My

2 2 things that I was saying that were just not being said 2 2 Investigation should reveal that, that Itake this

23 or not happening and that was a concern for me. Because 23 seriously.

2 4 I knew that this day would sometime be here. I'm glad 2 4 Q. Well, Ithink what I'm saying as we're

t _ _2_5 it_w_0_r_k_e_d_0_u_t_w_h_e_re_w_e_s_t_a_rt_e_d_0__s_p_ea_k_0_n_Iy_h_r_O_U_9_hr_2_5 g_Oi_n_g_t_h_ro_U_9_h_t_i_s_e_v_e_ry__im_e_y_0_U_h_R_d_a_c_0_n_ta_c_t_,_y_O_4

that. I know In one of the conversations Scott was a

little bit upset with me. I think that was more - I

think he believed that I was being disrespectful to his

mom which I would never do that, especially in a death

inVestigation.

I do a lot of things, but When it comes tothis job and death Investigations and dealing with

people and their feelings, I am a professional, and I

would challenge anybody to look at any record, any case 20 on, that, you know, basically that I Just was not doing

that I've ever investigated to review my internal 21 my Job and they believed that the case should be turned

affairs file because I don't have one after 19 years. I 22 over to somebody else, They reviewed everything that

don't have one. I was there once as a witness about 16 23 had been done to that time and didn't find any reason to

years ago, and I'm proud of that fact. I've been in 24 take over the investigation, and I reported my findings

homicide now for eleven or twelve years for a reason. 25 and all the things that I had done at that time.~ _ ' - - - - ~' - . # ' ' ' : f ~ _ . ~ . . . . : '_;:iE;::,c,.:", ;;"-~:" _J,J;.).+,.";;;;;",-s.--O"~:-;:<=;:;.::rHf;r:,:;:,,//~;",._'. ~&-l-;,_\==,:".':.:z~T;·.", " :, ' C" . ;; ' E: " " '" . _. ~ : " , • •",,-O~.<"";. . . ' -;:. .<,~.:, , , ~·~-~-,'~{i,"c,:;;,-·~-,;~,;·;,o,c:;~,,:~.':,;:""c_·,;,,·~·-"c;:-,,-,,",,·.C~r:A"".,.::{.,~;:C·:·~~~_'_~·:::·~';'·.~y',.:~t~~.:..:::.:.:.~-"':.""'···c~:--~'.~"- ::-~- .~ •.•.~~ "-L->-~:·~~:: Y··".~~,":·, ... : . ~ : , ; : : - : : ; : ; ;: - ' l i : ~ : ; ; . . . ; : ; : . :. . .

Pa g e 42

P ag e 4 3

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2

3

4

5

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attorneys because then I felt more comfortable. That's

when I dealt with Mr. Llrot most of the time, Luke.

Q. Well, the accusations that you Just

referenced there, so we can catalog them, they

apparently were coming from Victoria Britton in the

conversations you had with her?

A. There were concerns that she had that I was

going to be one-sided about the investigation.

Q. And did they also come from Scott Brennan

eventually?

A, I don't remember Scott ever mentioning

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Immediately apparently followed up on that and also

communicated that to the family as well?

A, I truly try to.

MR. DANDAR: Wait a minute, I'm obJecting.

Move to strike Mr, Fugate's testimony, That

wasn't a question. If It was, It was leading,

BYMR. FUGATE:

Q. WellJ let me Just ask It this way so we get

it complete.

Every time you were contacted by the

family, your report appears to indicate with a

suggestion or a complaint that you acted on It

immediately, is that correct?

A .

Q.

That is correct.

Now, what complaints did either Victoria

Britton or the family make against you that you had to

be Investigated that you Just referenced there?A. There was a call to the Justice Department,

and I believe that It went over to the FBI to follow up

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1 Q. And who did that review to your knowledge? 1

2 Was that the FBI? 2

3 A. It ultimately I believe fell down, trickled 3

4 down to the FBI once the call was made to the Justice 4

5 Department and then the local FBI office got itand 5

6 that's when they called over to us. 6

7 Q, And 80 we'II jump ahead again, but it fits 7

8 in the chronology here. Your investigation wherein you 8

9 ultimately found the death of Kyle Brennan to be a 9

10 suicIde as the report reflects was examined by the FBI? 10

11 As you sit here you understand that they examined your 11

12 investigation? 12

13 A, They looked Into it up until that point and 13

14 I don't know the exact date without looking at every 14

15 document, but to that point where we were In the 15

16 Investigation they were made aware of It In an Interview 16

17 that was done with me, 17

18 Q, By the FBI? 18

19 A. Over the phone. There was a follow up to 19

20 say, hey, what's going on with this case? What have you 20

21 done? What needs to be done? Things of that nature, 21

22 So I provided an update to the FBI. They were going to 22

23 make a determination whether they should get Involved 23

24 and take over the case. 24

25 Q. Ultimately they did not? 25

Page 47

1 A, That's correct, they did not, 1

2 Q. To your knowledge was there a complaint 2

3 made to the Pinellas Pasco State Attorney's office to 3

4 also conduct a review of the Investigation? 4

5 A. Yes, there was. 5

6 Q. And did they, In fact, to your knowledge 6

7 conduct the review? 7

8 A, They did, yes, sir, 8

9 Q. Old they also - well, can you tell me what 9

10 their - as far as you understand, what the result of 10

11 their review was? 11

12 A. Sure. They assigned one of their lead 12

13 criminal Investigators, Doug Barry, B-a-r-r-yo He first 13

14 contacted me. I opened up my books, everything to him, 14

15 I Invited him to the police department, I wanted him to 15

16 see everything that had been done, I opened up anything 16

17 - any evidence that he wanted to see, If he wanted to 1718 go down and physically see It. 18

19 He did a review of cell phone records. He 19

20 looked into some photos that were on Kyle's cell phone. 20

21 Looked over everything that f had done to that date and 21

22 eventually they came up with the same conclusion that I 22

23 did. I know they also conferred with the Medical 23

24 Examlner's Office as I had earlier on. Reviewed all of 24

25 their documents to make sure that everything had been 25

d_d [email protected]

done properly.

I also allowed Investigator Barry to look

at the printouts of the computer-related Issues that we

saw, some of the flies. Again, It was an open book to

the state. I welcomed It, I contacted the State

Attorney's Office for the record before they got

Involved, and I ran this Information by people at the

top to make sure that I wasn't missing anything, if

there indeed was anything of a criminal nature that

could be looked at in this matter. That was before the

Inquiry came In that they needed to look at my case.

Q. Let's examine that a minute.

A. Sure.

Q, At that point in time and I don·t know

unless you can recall approximately when that was, but I

take it that that would be after March of 2007, sometime

after March of 2007, It sounds to me like you were

beginning to - strike that,

I take It your opinion apparently was that

this was Indeed a suicide?

A. At that time or now?

Q. Well, now, It Is I'm sure. but as you were

going forward, you were open to any suggestions,

complaints or quote leads that the family wanted to

provide you, correct?

Page 49

A, I was very much open to that and you have

to be. Because if you don't have all the answers yet

and you make a determination of a finding, a cause and

manner of death before It's time, it will come back to

bite me. Some things came up earlier on where I said.

all right, this needs to be looked Into, the computer,

for example, things of that nature. The report reflects

that. The report reflects that. It was never a closed

out, done deal. this Is a suicide, don·t ever call me

again. I tried to take every opportunity that I could

to make sure that I kept an open mind in this case.

Q. Old there come a time that you were

contacted by a lawyer on behalf of Victoria Britton?

A. Yes.

Q. And that lawyer was whom?

A, That was Mr. Llrot, Luke Lirot,

Q. Before that contact, had you begun to feellike you were going to be closely examined on whatever

you did or didn't do In this case by Victoria Britton?

A. It was very much evident at that time, yes.

Q. And when you said you welcomed an attorney

to deal with, I take it then you were able to deal with

Luke Llrot?

A, I did because I know I've had dealings with

Mr. Lirot in the past, and at least I knew that if I

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1 dealt with him it would be documented, and Iwould have, 1

2 for lack of a better term, a witness to say that I was 2

3 showing good cause here on this case. I wasn't trying 3

4 to make It a one·slded deal by any means. 4

5 Q. Now, after you had the conversations - we 5

6 got off track there - on April 5 with Victoria Britton 6

7 where you updated her on the investigation, did we go 7

8 into that? 8

9 A. We started to. 9

10 Q. So tell us about that contact. 10

11 A. Well, on April 5, 2007 I did speak with 11

12 Victoria Britton. I returned a phone call to her and I 12

13 provided her an update in the investigation where I was 13

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at so far.

Again, that's when she began to speak, she

wanted her ex-husband Thomas charged with a crime, and

her main concern was how could he leave a gun In the

apartment with Kyle being there and knowing the issues

that he was having and she wanted him charged.

Q. Itappears from your report that you went

through and explained Florida law that you had looked

Into as far as you understood it?

A. Yes.

Q. Reflecting her complaints onwhat she

thought should be done. You went through the law as you

husband Rick Britton?

A. I did.

Q. When was that?

P ag e 5 2

A. That was on April 6, 2007, approximately 9

o'clock In the morning.

Q. Doyou recall what that contact was about

and what he said and you said?

A. Basically the same as Victoria. Hewas

concerned with the fact that - wanted to know why

Thomas would not becharged with anything. And I think

I understand it that Victoria I'm sure became very

emotional, even more so after the phone call with me,

and went to her husband and said this Iswhat·s going

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on. Because I remember he was very concerned about his

wife. She was very upset. She's not sleeping right,

she's not eating right and as a parent and a husband of

almost 30 years, I do understand that. I really do and

I tried to reiterate that to him that) did understand

that. And I figured maybe that I'd have more luck with

him explaining Itwhere he'd listen a little bit more.

So I basically went through the same exact

thing with him just to try and let him see, this is what

) looked Into, and here's why it doesn't apply. We went

over all the evidence. We specifically talked about the

computer that came up.

P a ge 51 P a ge 53

1 understood It?

2 A. I did, and what I did was I went through

3 two of the statutes that would be the closest that could

4 apply to that type of case. And for the record I think

5 this was the time frame when the allegation was made

6 that ) laughed at her. To this day) just •• It really

7 hurts me to hear that. However,) did explain both of

8 those statutes to her, and explained the fact that they

9 did not apply to this specific Incident, and mainly

10 because of Kyle's age at the time of his death.

11 Q. It appears that you also told her at this

12 point In your Investigation you had no evidence of foul

13 play, Is that correct?


1 5 Q. Did you tell her that you would examine the

16 computer at this point In time?

17 A. Yes, absolutely.18 Q. So It appears that on April 5, 2007, you

19 actually requested of Victoria Britton that the computer

20 be sent to you, correct?

21 A. Correct.

22 Q. We know now from jumping ahead that it

23 never arrived until September of '071

24 A. September.

2 5 Q. Did you next have a contact from her

1 Q. Did you again ask would you please send It

2 to me so I can examine it?

3 A. Yes, sir. He was really the first person

4 that seemed more, all right, I'll make it happen. And

5 that was •• I think eventually what ended up getting the

6 computer «well, finally months later stili, but he

7 seemed to be the one that was going to make It happen.

8 Q. But for clarity's sake and for the record's

9 sake, that conversation occurred on April 6, 2007, and

10 It didn't happen, that is the computer wasn't sent until

11 September of '07, correct?


13 Q. And then let me see, if you go to Page 24

14 of your report. Does that appear to be the first

15 contact that you had with Attorney Luke Llrot?

16 A. Yes, It Is. June 11, 2007, Is that what

17 you're referring to?18 Q. Yes, sir. Prior to that June 11th contact

19 from the April 6, 2007 phone call from Rick Britton, had

20 you had any other contact from anybody in the family to

21 your knowledge?

22 A. No, sir. Not to me directly.

23 Q. Then It looks like there's some back and

24 forth just trying to set up a time to meet with Luke

2 5 Llrot. Is that correct?

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1 A. He's a busy man Just like we all are. We 1

2 made it happen eventually. 2

3 Q . It notes here on July 3J2007J on Page 24 3

4 of your report .that you received a letter from Mr. 4

5 Lirot·s office, is that correct? 5

6 A. That·s correct. 6

7 Q . What was the substance of the letter? 7

8 A. Basically the substance of the letter was 8

9 to advise me that Mr. Lirot would be representing 9

10 Victoria Britton and the mother (sic) of the estate of 10

11 Kyle Brennan. I think In my report I wrote Thomas 11

12 Britton. That's a typo. It also included a copy of a 12

13 notariz:ed limited power of attorney of Victoria Britton 13

14 appointing Luke Lirot as her lawful agent. 14

15 Q . For the estate of Kyle Brennan? 15

16 A. That·s right. 16

17 Q. You kept a copy of that and that's included 17

18 In - 18

19 A. I have a whole separate just attorney file 19

20 in this book and nothing but attorneys. 20

21 Q. And had the contact from the Justice 21

22 Department and the FBI occurred in this period of time 22

23 between April and June or July of 2007? 23

24 A. Ibelieve that It did. I think I - I 24

25 can't be specifically sure of the date and the time, but 25

Page 55

1 I know at one time Iactually vented to Mr. Llrot and 1

2 said that It's got to stop. Let me do my Investigation. 2

3 So sometIme In between that would be accurate. yes, sir. 3

4 Q. If I know Mr. Llrot. he was sympathetic to 4

5 you and said he would try to help? 5

6 A. Hewas. He was very cooperative. 6

7 Q, Did you also advise Mr. Llrot In July when 7

8 you met with him In '07 that you really needed to get 8

9 Kyle's computer to do a forensic examination, but so far 9

10 you hadn't been able to get It? 10

11 A. We did discuss that July 3, 2007. I told 11

12 him I needed this computer In order to do somethIng. 12

13 Q. What did Mr. Llrot tell you about obtaining 13

14 the computer? 14

15 A. He saId he would contact Victoria Britton 15

16 and make arrangements to have Kyle's computer brought to 16

17 his office. That was basically what was going to 1718 happen. I guess he was goIng to try to get Involved and 18

19 get It to him and then once he had It he would get It to 19

20 me. 20

21 Q. Then apparently there's a back and forth as 21

22 you go through the report between you and Mr. Llrot and 22

23 his office as to try to set up a time for a meeting? 23

24 A . Uh·huh (nods affirmatively). 24

25 Q. Then I note on Page 25 that on August 22 25


you received a phone call from Victoria Britton. Can

you tell us about that phone call?

A. Sure. It was August 22, 2007,

approximately 1'clock In the morning. Ireceived a

call from Ms. Britton. I told her that Iwas scheduled

to meet with her attorney Luke Lirot on the 23rd, the

very next daYJand that I was going to provide an

overview of the investigation on what Ihad done thus

far to him.

Again, at that time I requested that I

still didn·t have the computer and that I needed it as

soon as possible ifthey wanted me to attend to that

concern that they had. She said at that time that

arrangements were being made to get the computer

forwarded to me.

Q. Did she make any reference to or tell you

that she Victoria Britton had complained to the FBI

about your conduct?

A . During this specific phone can, I don't

believe so. I don't recall. Ireally tried at this

point in time to keep things very simple with her. I

dldn·t want to get her upset. I didn't want to make her

any more upset than Ialready know she was. Ieally

tried to remain professional and just do the job and get

off the phone.

Page 57

Q. Then Iake it the August 23rd, 2007

meeting didn·t occur because I see that it was

postponed?

A. Correct.

Q. Your record appears to Indicate that It

happened on September 7,20071

A, That's correct, with Mr. Llrot.

Q. With Mr. Lirot, I should say. Can you tell

us about that meeting?

A. Mr. Lirot showed up and we sat down at an

office. Just he and I. I gave him an overview of the

case and of the things that I could discuss because it

was stili an active Investigation and made It clear to

him that I want a communication to go on with Victoria.

Iwanted her to be aware of what was going on with her

son's case, but that she had to become a little bit more

reasonable. Ihink at this time Is when I saidcomplaints are being made, it's Just clouding the

Investigation. We can't have that. He was in agreement

with that that he would speak with her, but he wanted it

to be a fair Investigation.

And Iold him, I said, well, you came to

the right place. U's been fair and it will continue to

be fair. I think we probably met for approximately half

an hour, 45 minutes. Mr. Llrot seemed satisfied with

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1 what he had heard. I answered his questions, and I told 1

2 him I'd keep him posted on what was going on. 2

3 Q. In that meeting on September 7, 2007 did 3

4 Mr. Lirot Indicate to you that it was the famlly's 4

5 wishes that Thomas Brennan be charged with the death? 5

6 A. We did speak of that. There was definitely 6

7 some concerns, and they thought that he should be 78 charged. 8

9 Q. Did Mr. Llrot In that conversation mention 9

10 to you that he thought that anyone else should be 10

11 charged with the death of Kyle? 11

12 A. I don't recall that coming up, sir, no, I 12

13 don'. 13

14 Q. Let me ask it another way. Was there any 14

15 conversation about we think that Gerald Gentile or 15

16 Denise Gentile should be charged with the death? 16

17 A. No, It didn·t come up like that, but I 17

18 think It was known that I had additional work to do, and 18

19 that, you know, they needed to be interviewed Just to 19

20 find things out. I don't recall him saying anything 20

21 like thataboutthe Gentiles. 21

22 Q. And then obviously Lirot said that he was

23 going to make arrangements to get the computer to you

24 because that's what·s reflected In the report. Correct?

25 A. Correct, yes.

[email protected]

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Q. Your experience with Marti Scholl Is that

she's a competent Investigator, correct?

MR. DANDAR; I would object to him

expressing an opinion on competency. It·s

outside the scope of his expertise.

BY MR. FUGATE:

A. Yeah. Every dealing that I've ever had

with Marti Scholl has been a professional one. I

definitely do find her to be a competent investigator

down there at the M.E.·s Office, without a doubt.

Q. Can you tell us what communication that you

had with Special Agent Mendez regarding the computer

that you delivered to her?

A. I can do that. Basically what Idid isI

gave her an overview of the Investigation, and that's

something that she wants to have so that she can go in

there. We discussed possible like keywords that could

be entered Into a computer. Now, these are the things

that Idon·t understand. and this is why Ieach out to

other people that do.

So Iprovided some potentIal keywords to

her which were stated In my report. I asked for her to

review the computer to see if she could locate any files

that might be·· might have been deleted. Igave her

the time frames that we were looking at. We decided to

Page 59

1 Q. Then I see the next contact Is a voice mail 1

2 on September 12, 2007, from Victoria Britton and that 2

3 indicates what? 3

4 A. That date 911212007, the voice mall I had 4

5 received from Victoria advised me that the computer and 5

6 the related documents had been mailed to the Clearwater 6

7 Police Department. 7

8 . Q. We've already jumped ahead to that. You 8

9 determined on the 13th that that computer was there and 9

10 you've already told us what you did with that computer, 10

11 correct? 11

12 A. Yes, Idid. 12

13 Q. And do you recall what indication - when 13

14 the first indication was that the computer had been 14

15 examined by - and Idon't think we got the name - It·s 15

16 Barbara Mendez. right? 16

17 A. Correct. Special Agent Barbara Mendez. 1718 Q. And you've dealt with her before? 18

19 A. Yes. 19

20 Q. I neglected to ask you. but with regard to 20

21 Marti Scholl, you indicated In your testimony that 21

22 you've dealt with her many times, is that correct? 22

23 A. Yes. U's kind oftough to admit that, but 23

24 every time we have a death case they show up and we show 24

25 up. We've been on many. many cases together. 25

Page 61

go from the time frame of the date of this Incident

where Kyle was found right up until the time that the

computer reached me because so much time had elapsed,

who knows who mIght have been In that computer during

all that time. So that·s exactly what Special Agent

Mendez did for me. And then once she actually completed

that, she got In touch with me and we discussed It.

Q. To your recollection as you sit here today.

what report or what Information did she provide you

about her forenSic examination?

A. Again, for the record I'll say I'm not

professional or very efficient at computers, but In her

explanation to me, In Special Agent Mendez's explanation

to me. that she couldn·t find any evIdence that anything

had been deleted. However, somebody had accessed that

computer and used some type of program that would get In

the way of her being able to see If anything wasdeleted. As best we could tell that computer was up

north InVirginia when that specific file, which going

on memory I believe trs Big Ex or Blg.exe. It's some

type of program that can be used to capture Information,

and It's stamped In that computer. According to Special

Agent Mendez the use of that won't allow her to get past

that to see If anything else had been deleted.

Q. Old you determine Inyour Investigation who

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1 to the best of your understandIng had executed that

2 program, whatever It was, on the computer?

3 A. Yeah. I believe It would have been Kyle's

4 slster·ln·law which Is Scott's wife, Mia, M·f·a.

5 Q. Did you on the subject of the computer also

6 at some point reach out to Thomas Brennan to talk to him

7 about the computer again?

8 A. Oh,we did. Wespoke about the computer,

9 sure.

10 Q. Did you receive any other Information that

Page 64

1 that he had was right after Kyle was found and he showed

2 up at the apartment to assist Mr. Brennan. PrIor to

3 that I can't say for sure other than when Kyle had

4 actually visited theIr home or they got together a

5 couple of times according to Denise.

6 But as of that night, no, the only contact

7 I knew was Gerry to show up after this IncIdent

8 happened, and he was there to assist Thomas.

9 Q. And then what you Just told us about with

10 regard to examining the computer at Thomas Brennan's

11 caused you to Interview anyone else with regard to the 11

12 computer? 12

13 A. I dId, Yeah, what It came down to with the 13

14 computer was ••this Iswhere Gerry Gentile comes back 14

15 Into the picture, Apparently Gerry Is very well-versed 15

16 according to them, according to Tom, with computers and 16

17 their operations. And apparently Tom reached out to 17

18 Gerry probably later Inthe day of the 17th of February 18

19 In '07 to see Ifhe could access the computer, and It 19

20 was his understanding what hewanted to see If there was 20

21 a Suicide note left In the computer or anything that may 21

22 help answer some of the questions that he had asa dad. 22

23 Apparently Gerry agreed to do that, and 23

24 that's where I think what the family up north found 24

25 where the computer had been accessed and that things had 25

request, correct?

A. Right. But I thought you asked Ifhe had

any contact with Kyle.

Q. No, that's what I dId ask. I said other

than that, Not very artfully asked.

(At this time a brief recess was taken.)

BYMR. FUGATE:

Q. You'll be happy to know that I'm almost

through my cheat sheet.

Soafter you had gotten your report from

Special Agent Mendez and followed it up with both Thomas

Brennan and Gerry Gentile, did you do anything else with

regard to the Investigation at that time?

A, I dId. I also reached out and spoke with

Denise Gentile. I got ahold of her and she Came to the

Page 63

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beengrouped and maybe deleted or removed, however they 1

wanted to word It, but once I spoke with Gerry he came 2

to the police department. He provided an accurate .. I 3

believe It was an accurate determInation of why It was 4

like that. He even provided the documents that he 5

printed out himself from that computer that were 6

ecnststent with the story that hewas telling me, and 7

that were consistent wIth FDLE's findings, that he 8

accessed It and he actually copied files back onto 9

Kyle's computer in error, I reviewed those fJles and 10

there was nothing suspicious about them. They appeared 11

to be Kyle's ownwritings, talking about different 12

things, but nothing suspicious. 13

Q. You Interviewed Gerald Gentile about what 14

he did with the computer? 15

A. I did, And I did a recorded Interview with 16

Mr. Gentile, 17Q. And that's reflected.. 18

A. It's reflected and U's available, yes, 19

~~ 20

Q, Now, In your Investigation 85 It relates to 21

now Gerald Gentile did you find that he Gerald Gentile 22

had had any contact with Kyle Brennan at or around the 23

time of Kyle Brennan's suicIde? 24

A. I think the only contact that I could prove 25

Page 65

police department. I conducted an Inte.vlew with her

just to confirm some of the things that I had learned

earlier on In the Investigation.

Q, And your Inte.view was taped and It's

reflected Inyour pOlice report?

A. Yes, sir,

Q, The same for Gerry Gentile?

A. That's correct,

Q, Now, there are other additions to your

report that are not In the Exhibit that I handed you

there which would be the writings, the letters and

things of that nature, is that correct?

A, The document that you gave to me earlier

in front of me, yes, that's correct,

Q. What that is is your chronological report

as you created It, I take it?

A. That's accurate.Q. At some point when we get done herewe'll

try to fIgure out If there's anything in your binder

that was not produced so we know that we have a complete

record of that?

A. Absolutely,

Q, But for the purposes of this deposition and

that report as we've been going through It, It appears

to be an accurate copy of your report, correct?

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A, This definitely does because In the 1

beginning which I've already looked at we've gone 2

through, and then the final page here gets Into my 3

investigative conclusion, So I feel confident that this 4

is the shell and all of Its contents of the report. 5

Q. When did you conclude your investigation of 6

the death of Kyle Brennan? 7

A, Let me see the exact date here. Yeah, the 8

final conclusion and the reporting closure of the 9

Investigation was on November 20,2006. 10

Q. And did you communicate your findings and 11

the fact that you were going to close the investigation 12

to Victoria Britton and/or to Luke Llrot? 13

A. As you can see in the report, the last time 14

I did attempt to contact Luke about It, but I don·t know 1 5

if he ever got back to me, But that was my goal is to 16

contact hIm and say, hey, because I gave him my word 17

that Iwould do that. 18

Q. And you did? 19

A. I attempted to When I made the call to his 2 0

office. Iguess he was out oftown at that time. 21

Q. Old you have any further contact with 2 2

anybody on behalf of the family after you concluded the 23

investigation? 24

A. I'm trying to think if anything else has 25

P a g e 6 8

the actual document Itself.

Q. Old you understand then that he was going

to represent the family and they were planning a

lawsuit?

A. Ican't say -. I knew he was going to be

representing the family. I can't say with any certainty

that It was about a lawsuit at that time.

Q, Again, at this period of time that you were

dealing with Mr. Llrot, he had repeated the request of

Victoria Britton that he wanted to have Mr. Brennan

charged with something, correct?

A. I know we spoke of that earlier, Ihink.

Iknow Mr. Lirot Shared with me the wishes of the

family, and one of those wishes were he should be

charged with something for allowing this boy to die in

his apartment.

Q. Other than that was there ever an

expression that you charge the Church of Scientology or

Flag with some involvement In the death?

A. That was never said to me by Mr. Lirot or

anyone else that Iremember to specifically charge that

organization or anybody from there, no. Idefinitely

don't have any recollection of that.

Q. I've already asked you the same question

about Denise and Gerald Gentile, correct?

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come up as a result of this. I don't believe that I 1

have. I've spoken with nobody In the family, I take 2

that back. I did go to Mr. Llrot's office for some of 3

the property, the computer and the attached wires and 4

whatnot, and I turned that over to his office. He 5

wasn't there that day. I think I spoke with his 6

secretary, So I'd have to say no. I haven't spoken 7

with anybody else regarding this case, 8

Q. I'm going to show you my copy and ask you 9

if you'll just take a look at this and see if in your 10

binder you have a copy of the limited power of attorney 11

from Victoria Britton to Luke Lirot. If you have 12

actually received that and is that part of your - 13

A . I'm pretty sure I do. Can I take a moment 14

to look? 15

Q. Sure, Go right ahead. 16

A. Yes, sir, I do have It. It's right here, 17it's my first document. 18

Q. I see attached to that Is apparently the 19

envelope that It came in. What's the date? 2 0

A. I save everything, I have the envelope 21

that it came in, and it·s dated June 27, 2007. It's got 22

a cover letter from Mr. Lirot. It's just saying, you 23

know, please find a copy of the original notarized 24

limited power of attorney of Victoria Britton, and then 25

P a g e 6 9

A. Yes, you did.

Q, Now, In reviewing - when you closed out

your Investigation, what was your final position on the

death of Kyle Brennan?

A. The findings were consistent with suicide,

the cause and manner being a gunshot wound, and that

wasn't just something Icould say after just reading a

couple of reports. Itwas a lengthy investigation, and

I based It on many, many findings. On top of that I

have to make sure my supervisor is on board with that.

As you can see, he approved every report that I did,

Sergeant John Scacca, Soc-a-cocoa. So I can't Just get

a report through and say, here, you go and he's just

going to approve It. Trust me, he's reading them. And

ifhe's got an Issue, he's going to let me know what it

Is. And I always kept him up-to-date on this

Investigation.Q. In keeping Sergeant Scacca up-to-date,

would that include the complaints that you were

receiving from Victoria Britton and the others in the

Britton family?

A. Well, he was aware of those. Because

complaints come from the top down and they did, He was

aware of those, and I definitely made him aware of the

things that I was doing to try to correct some of the

Ju ly 1 2, 2 010

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Page 70

1 things that they thought were going wrong. He was 1

2 constantly monitoring the investigation so he already 2

3 knew what I was doing. He just knew. 3

4 Q. It seems like an obvious question, but I do 4

5 need to ask It. So was there ever any - let me back up 5

6 a second. 6

7 So In addition to the FBI looking at your 7

8 Investigation and the Pinellas County Stato Attorney's 8

9 office looking at your investigation and the Medical 9

10 Examiner's Office, Pinellas'Pasco Medical Examiner 10

11 District 6 looking at It, your supervisor was also 11

12 evaluating each step of the investigation as you 12

13 progressed to your conclusion that there Indeed was a 13

14 suicide, is that correct? 14

15 A. Yes, sir, that Is accurate. 15

16 Q. Were there any facts ever brought to your 16

17 attention by Victoria Britton that In your opinion led 17

18 to any evidence that would change your opinion that this 18

19 was a suicide? 19

20 A. Nothing. Nothing that wasn't brought up 20

21 earlier and that I looked Into to make sure. 21

22 Q. And you looked into every allegation that 22

23 she made and recorded them in your reports, correct? 23

24 A. Yes, sir. 24

25 Q. And the same question for Rick Britton her 25

Page 71

1 husband. Did you look Into every factor or every 1

2 allegation that he made as It relates to your 2

3 investigation as to why you should charge someone with a 3

4 crime? 4

5 A. Yes, I believe that I did do that, yes, 5

6 ~~ 6

7 Q. Same result, it didn't change your 7

8 conclusion? 8

9 A. It dldn·t change anything, 9

10 Q. And same question for Scott Brennan, Kyle 10

11 Brennan's brother, did you look Into every allegation 11

12 that he made? 12

13 A, I would say that I definitely did, and it 13

14 didn't change anything, 14

15 Q. All right. And all of those are reflected 15

16 In this report that we have as Exhibit 1, correct? 16

17 A. Yes, sir. 1718 Q. As they came into you? 18

19 A. Yes, sir, 19

20 Q. And as Important as the computer was 20

21 apparently to them In the Investigation from March of 21

22 '07, it didn't get to you until September - well, 22

23 actually to be fair, It got to the Clearwater Police 23

24 Department September 12th of '07, correct? 24


d_ drptserv@yahoo,com

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Page 72

Paqe 7 3 1

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correct?

A . Yes, I did.

July 12,2010

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Q. Have you had any contact with Luke Lirot

after you dropped everything off, being the computer and

whatever else you had to go back to the family?

A . I don't believe that I have on this case or

any other one.

Q. All right. And have you ever had any

contact with Mr. Ken Dandar who is next to you on this

case?

A . No, never have.

MR. FUGATE: I have no more questions at

this time.

MR. ALVAREZ: No questions.

MR. DANDAR: Okay, it's my turn according

to Mr, Alvarel!:, so I get to start asking you

questions and I'm going to try to do it so I'm

looking at you.

THEWITNESS: Hey, It works for me.

MR. DANDAR: I'm sitting right next to you,

so It's not my usual way to do things.

CROSS·EXAMINATION

BYMR. DANDAR:

Q. Let's start with •• and remember I

represent the estate and through that I'm representing

the family. Victoria Britton, the mother.

A . So you replaced Luke Llrot?

Q. Yes. You've been here for almost 20 years,

correct?

A. It will actually be 19 years on July 29th,

Q. In those 19 years did you ever Investigate

any alleged criminal activity involving any member of

the Church of Scientology?

MR. FUGATE: Objection. You can answer.

BYMR. DANDAR:

A. I've been Involved In cases where

allegations have been made, harassing phone calls,

things of that nature. Did you say major

Investigations?

Q. No. Any?A . You said any Investigation. It's fair to

say that I definitely have had reports come across my

desk that involved people doing •• trying to do harm to

the Church of Scientology and allegations of the Church

25

of Scientology trying to go after other cltlzens,

absolutely.

Q. Did you have any involvement In the

Investigation concerning Lisa McPherson?



D _ D REPORTING SERVICE , INC . 727-723-2002

Pa g e 7 6a g e 7 4

1 A. I dId not. 1

2 Q. DId you ever attend any function sponsored 2

3 by or involving the Church of Scientology? 3

4 A . I have not. I've worked off duty years ago 4

5 at functions, If you want to Include that. 5

6 Q, Well, let's Include that, 6

7 A, All right. But I mean I didn't - I worked 78 - I worked as a uniformed officer, and I can't remember 8

9 when, but it was probably 13,14 years ago, sir, 9

10 Q. As what, though? 10

11 A. Iwas a security officer. I was hired with 11

12 a group of other officers to provide security. 12

13 Q. For? 13

14 A. For the Church of ScIentology, 14

15 Q. To follow that up, in 1997 to 2003,did you 15

16 ever work uniformed duty to provide security for the 16

17 Church of Scientology when there was picketing going on, 17

18 things like that? 18

19 A, I honestly can't say that I do. I know the 19

20 one Job that I did work, It was very cold. Itwas like 20

21 December time frame. It was Christmastime and it was 21

22 right down on Cleveland Street. Icannot give you the 22

23 exact date. Iust know it was a while ago because I 23

24 haven't worked an off·duty Job In a long, long time, 24

25 But I can honestly say to you that I probably worked for 25


THE WITNESS: I'm sorry, I don't want to

seem like I'm ignoring you over here, Monte,

M-o·n·t-e. No disrespect with my back to you,

okay.

MR, DANDAR; Can you hear him with hIs

back-

THE COURT REPORTER; Ican hear him,

MR, DANDAR; Ihought you just read lips,

THE COURT REPORTER: Ido scrnettmes.

BYMR. DANDAR:

Q, All right. Has anyone from the Church of

Scientology contacted you before today concerning this

case of Kyle Brennan?

A. No.

Q, When we walked in here together, Imet you

out In the lobby and IJust had a hunch that you were

Detective Bohling, You said hello to Lee Fugate and you

said you recognized him from before?

A, I do.

Q, Was that when he was an Assistant State

Attorney?

A, Well, I was aware of him back then as well

what his dealings were and hIs professional background,

but Iactually had an opportunity to meet Mr, Fugate

again when Interviewed Denise at the police

P a ge 7 5 P a ge 7 7

1 the Church of Scientology for security reasons two, 1

2 maybe three times Inmy career. 2

3 Q. Okay, all right. And that's when you were 3

4 in uniform? 4

5 A. Right, And even after I made detective, we 5

6 stili have the opportunity to throw a uniform back on If 6

7 we're on the list to work the jobs, 7

8 Q, Okay, Did you do It after you made 8

9 detective? 9

10 A. I truly - I honestly can't remember. I 10

11 think that Iwas earlier as a detective because I 11

12 remember I worked a function down at the Bayfront there, 12

13 They had a big concert going on and I'm pretty sure I 13

14 had made detective by then. 14

15 Q. Did you do any investigation of the young 15

16 man who picketed Scientology all by himself around the 16

17 Fort Harrison hotel and was later to have alleged to 1718 have committed suicIde? 18

19 A. I was not involved in the investigation, 19

20 Q, Doyou know whIch one I'm talking about? 20

21 A, Yes, sir, I do. 21

22 Q, Doyou remember his name? 22

23 A. No. My partner actually worked - that's 23

24 why I'm familiar with it, Detective Monte. 24

25 THE COURTREPORTER; Detective who? 25

department. He was kInd enough to actually attend and

bring her. So It wasn't that long ago that we actually

met.

Q. Other than that Interview of Denise

Gentile, have you talked to Mr, Fugate or anyone from

hIs office concerning this case?

A, Idon't believe that we have sInce that day

that you came in with Denise, I don't thInk there was

any follow up or things like that, I've had no other

dealings with Mr, Fugate since then,

Q, When Mr. Fugate came Inwith Denise Gentile

for her interview with you, did you know that In

addition to representing Denise Gentile he also

represents the Church of Scientology?

MR, FUGATE: Objection to the form, You

can answer.

BYMR. DANDAR;A, I couldn't be sure of that at that time.

To me that doesn't matter, sir. It·s not like as soon

as I saw him, oh, he's representing the Church of

ScIentology. I never gave that a thought. I didn't

allow that to get in the way of this investigation.

Q. When you were contacted by Paul Johnson who

represented Thomas Brennan, did you know that Paul

Johnson was also an attorney for many. many years for

July 12, 2010

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0_0 REPORTING SERVICE , INC .

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theChurchof ScientologyFlagServiceOrganb:atlon?

MR.FUGATE:Objectionto theform. You

cananswer.

BYMR.DANDAR:

A. I hadanidea. I knew I hadsomeideathat

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okaywith yourInvestigation?

A. By the timewegot donewith the

conversationthat Ihad,Iwastold that theyfelt very

- theyfelt comfortablethat Iwasdoingeverything

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Street, but you haveto call Tampa.

Q. They're sitting right next to my office

with all their toys.

A . It's a satellite office, though. It's not

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I thought hadanything to dowith any Investigation of

Kyle committing suicide. No.

Q. I'mgoing to Jumparoundbecause of the

things that I learned today. You said you gavea phone

Interview with anFBI ag~nt?

A, I was contacted by the FBI. They wanted to

know, after It trickled down fromour commandstaff,

wanted to begiven a background of what was going on

with this case. Sothat's accurate, yes, sir,

Q. Whydoesn't that Interview showupInyour

file?

A. Actually I thought they were going to

a field office like they had downtown at one time,

Q. Theonein Tampaon the bay, real secure

place on the bay, Ialways questioned that, That's

their mainoffice. So It was the Clearwater field

office?

A . (Nodsaffirmatively.)

13 document It themselves because It was anInquiry. 13

14 Q. Who? 14

15 A. The FBI. I was hoping they would so that 15

16 another set of eyescould besaid, hey, they lookedat 16

17 this caseaswell, Maybe they have it documented 1718 somewhere. I don't haveany caples of that. 18

19 Q. Well,why don't you have It documented? 19

20 You haveeverything else documented? 20

21 A, Because I was the one being Interviewed, 21

22 Sir,that's why. If they want to do an inquiry on my 22

23 Investigation, then they should document It and bring It 23

24 to the table. 24

25 Q. Did the FBI tell you that everything was 25

Q. Youdon't recall the nameof the person

talking to you?

A . I suredon't. I'm sure that MissVictoria

Britton could provide that information, I'm positive of

It. Obviously they found out, not from me. They had to

becontacted by the family so.

Q, I don't know,

MR.FUGATE: Object to youtestifying.

BYMR.DANDAR:

Q. Yes, thank you. I agree. Wealso when we

walked in here you recognized Miss Heller who is from

the Office of Special Affairs from the Churchof

July 12 , 2 010

21 (Pages 78 to 81)


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Page 84age 82

1 A . I've had several dealings with Miss Heller 1

2 on behalf of the Church where they were having problems 2

3 with threats that were being made against the Church. 3

4 Numerous phone calls that were being made to their phone 4

5 lines over there, and also other death Investigations 5

6 that I worked. Miss Heller was very helpful to me In 6

7 reaching out and finding out other people that I needed 78 to speak with and Identifying them for me, 8

9 Q, What other death Investigations? 9

10 A . Well, I could speak of one, but It's stili 10

11 active so I can't give you all the detailS of It. But 11

12 U's a death Investigation that Involved one of their 12

13 members of the Church of Scientology on the east side of 13

14 town, 14

15 Q, Can you give me the name of the decedent? 15

16 A , Joel·· caught me off guard on this one. 16

17 I apologize. I can't recall hiSlast name right now. I 17

18 know his first name Is Joel. 18

19 Q. J·o·e·l? 19

20 A . Yeah, I'm sorry, I'm having a mind eraser 20

21 here. 21

22 Q. That's stili ongoing, though, right? 22

23 A , It's very much ongoing. 23

24 Q, Any other death Investigations? 24

25 A , I can't recall of any right now, but I know 25

Page 83

1 that I had a lot of contact with Miss Heller during that 1

2 case with Joel and his wife. 2

3 Q. Well, Joel Is deceased, right? 3

4 A. Correct. That's why I said I had contact 4

5 quite a bit with Miss Heller during the investigation of 56 Joel, and his wife was also involved in it as well. 6

7 That's how I know Miss Heller, 7

8 Q. But there were other death Investigations 8

9 other than Joel? 9

10 A. No, I think that's the only one, I might 10

11 have said death Investigations. I think it was only 11

12 one, but numerous, numerous phone call ones, harassing 12

13 phone calla, threats being made to the church, things of 13

14 that nature. 14

15 Q. Old you follow up on all of those 15

16 complaints made by the church about the death threats 16

17and the phone calls?

1718 A, Yes, 18

19 Q, Old any of those pan out Into arrests? 19

20 A, None of the cases that I worked panned out 20

21 Into an arrest, no, 21

22 Q. Is there any reason - I don't know how 22

23 this works In Clearwater, but those types of things 23

24 happen and the church makes a complaint to the 24

25 Clearwater Police Department, do they just call you 25


directly or are you speCially assigned to handle that?

A. What do you mean make a complaint? A

complaint against an officer or a complaint of something

that happened?

Q, If the Church of Scientology says, hey,

someone is making a death threat, are you the one that's

assigned that?

A. No. That's not the way It works,

Q. That's what I didn't know, so that's why I

asked you.

A, I'll be glad to tell you how It works.

It's like any other case. You make your call to 911 or

to our telephone reporting unit. It's not a direct link

to a detective to say, hey, I have a problem, you need

to come out here and make this go away. Now, I will say

this. They were having so many concerns with phone

calls that there were times that Miss Heller and I did

speak. She would always say, well, okay, well, I'll

call and we'll update our TRU unit downstairs, but I was

being made aware of it because it was ongoing, But

other than that they follow the rules just like

everybody else does. They call the main number or the

911 number or the TRU unit. TRU is the telephone

reporting unit and those are crimes that aren't in

progress, and they can be handled initially over the

Page 85

phone and then It's assigned to a detective. The reason

I got all of those because this Is part of my

assignment, the downtown corridor. So U's not like

Miss Heller said, well, I'm going to have Steve Bohling

and Steve Bohling only, This was my zone. So when it

comes down and It happens, I work it.

Q, Is it stili your zone?

A, Yes, sir,

Q. Now, Officer Yuen on Page 11 of your report

says that •• I asked you this question off the record

while we had that break that Mr. Fugate requested, Let

me ask you this.

Is Page 11 the first entry of the

Clearwater offiCial report on Kyle Brennan where Officer

Yuen's notes appear?

A. Yeah, See, I show a different page number,

but what I was trying to explain to you Is that when I

printed mine out, I printed it out a page at a time,

You have it from a records perspective where It's going

to go from one to whatever, a hundred and something

pages, or does It break each report down to its own

separate pages?

Q, No, It goes to Page 80 ••

A, So your reflection of page numbers and mine

are going to be different.

J uly 12 , 2 010

22 (Pages 82 to 85)


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P a g e 8 6 P a g e 8 8

1 Q. Mine goes to Page 84? 1

2 MR. FUGATE: Well, the first part of It 2

3 appears to be the data part. U's got my name, 3

4 it's got Paul Johnson's name, it's got Luke 4

5 Llrot's name and the other people, and Itstarts 5

6 with Yuen I think, if that's what you're asking. 6

7 BYMR. DANDAR: 7

8 A. I mean you can see if we compare, It·s the 8

9 same exact report, but the page numbers are going to be 9

10 different. That's Just the way It is. 10

11 Q. Actually the way It's paginated It's 11

12 different. My Page 11 and your Page 1 doesn't come out 12

13 the same? 13

14 A, Right. And there's a reason for that. 14

15 Because Iprint It out differently on the Investigative 15

16 standpoint. If I was to go back right now and print it 16

17 out now, this entire report, It would look more like 17

1 8 yours. I break mine down per Investigator, You have a 1 8

19 total of the entire shell, as we spoke about earlier, 19

20 and all the roots that grow off of that shell. I can 20

21 actually, as an Investigator standpoint, I can print out 21

22 each Individual report, and it will be Page 1 through 5 22

23 forme. OfficerYuen'swas11 pages. Officer so and so 23

24 was nine pages. You have the continuation of that, 24

25 Q. Well, then let·s go on your Page 1 and my 25

P a g e 8 7

1 Page 11. Is that the first entry for Officer Yuen?

2 A. As far as I know. He documented the

3 report. It·s the first one that I'm aware of.

4 Q. How was this created by Officer Yuen?

5 A. U's created In the LERS. Again, we spoke

6 earlier, LERS, L·E·R·S, on a computer, He basically

7 goes into a computer. Opens up a shell as they call it,

8 and that·s the original report, and then he puts In all

9 the pertinent information, the time the call came in.

10 What time it was received, when he responded, when he

1 1 arrived. All the pertinent persons Involved In the case

12 goes In the persons' section. Any evidence that's

13 collected goes In the property section, and then the

14 narrative Is what you're looking at now Is the final

15 thing that he would do.

16 Q, So where's the rest of his report?

17 A. I don·t know, I have it, I don't know1 8 whore yours Is.

19 Q. Let me start. Does this report from the

20 LERS system get created Inside his computer Inside his

21 patrol car?

22 A. It can be done either Inside of the patrol

23 car or tho laptops can be removed. You can do Uat a

24 Dunkin Donuts at the table or you can go inside the main

25 station and do It. Most times it's done inside the car.

Q. The Clearwater Pollee Department back in 19

- or 2007 did not - the offlc~Jrs Investigating on the

scene did not have paper forms to fill out In

handwriting? They didn't have that to fill out?

A. We do still have forms to this day that are

available to us, but nothing to do with reporting an

offense or an incident report. And when I say that, we

have like a MIranda form when you read someone their

Miranda rights, we have that form in paper version. If

we release custody of a residence to a family member

after someone has passed away, Ikeep them in my car. I

have a whole stack of different paperwork that we use.

Ihave it in paper form, But when Itcomes to a report

like this, no. Everything is typed. There's no ifs,

and's or but's. We don't have any written, Iarrived

and Isaw this going on. We don't have that. Those

days are long gone.

Q. We have an EMS report on this case and It·s

handwritten?

A. EMSdoes It that way, but we're not part of

EMS.

Q. I Just want to make sure you don't have

something similar to that?

A. No, sir.

Q. Now, U's going to be kind of hard to do.

P a g e 8 9

1 We can use the exhibit if you want to use that. I'd

2 rather use your report, though,

3 A. If you give me a date, I can find it.

4 Q. In this paragraph on your first Page 1,

5 Officer Yuen Is writing what Thomas Brennan advised him

6 at the scene. Said he was taking 10 milligrams of

7 Lexapro for depression, and that Kyle was not taking his

8 medication, and that Thomas Brennan stated that he,

9 meaning - how do you read that? Who Is the he? Thomas

10 Brennan or Kyle Brennan? He did not believe in

11 psychiatric medications because of his religious

12 beliefs?

13 A, Yeah. I would take that to mean he being

14 Thomas.

15 Q. And Officer Yuen writes that Thomas

16 encouraged Kyle to stop taking the medications and took

17 the prescription boUle from him approximately three1 8 days ago,

19 Now, at this report, do you have any doubt

20 that this report was not written - did I say that right

21 - on February 17, the early morning hours of February

22 17th?

23 A. I don·t have any reason to believe that it

24 wasn't, because when I came to a point - when I

25 reported to my shift that evening, it was in there

July 12, 2010

23 (Pages 86 to 89)

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already. It was In the system and I was able to read

It.

Q. Typed up?

A. Yes.

Q. Because that·s how they do it?

A. Correct.

Q. Okay, good. So three days from February 17

since this was reported just like a minute or two after

midnight, 12[02 a.m., 12[01 a.m., whatever It says in

the report here, doesn't it?

A. I think Itsays 0010 up on the top. That

was ou~response to the situation. 911 was called first

and EMS arrives prior to us. It was my understanding

from reviewing the EMS documents It was just after

midnight.

Q. Right. So what I'm trying to figure out Is

When It says three days ago, do we know what date he's

talking about?

A, I think ••yeah, I would have to agree with

you based on what he's saying In the report, no.

Q. Okay, all right.

A. But I would assume three days means three

days prior to that,

Q. Like the 14th or 15th of February?

A. Right.

Page 91

1 Q. Did it matter to you at all that according

2 to this report from Officer Yuen Thomas Brennan said

3 that Kyle Brennan was SCheduled to return to Virginia on

4 Monday, the 19th of February?

5 A. You're asking me If It concerned me?

6 Q, Yeah. Did It matter or concern you?

7 A. It really didn't. Because when I looked at

8 the overall history, if you look at the totality of the

9 circumstances, this Is a young man that traveled from

10 Virginia to HawaII, California, then back to Clearwater.

11 Hewas moving around quite a bit. So that wouldn't

12 concern me. And originally I think that's where he was

13 from. So it appeared that he might have been closer to

14 his mom than anybody.

15 Q. It continues on saying that he was going to

16 move back and live with his mother in Virginia?

17 A. That dldn·t concern me.18 Q. Let me ask you this, I guess It·s going to

19 be in that same paragraph that you have highlighted that

20 we Just read from. The last sentence says, "Thomas

21 advised that he was working full time and did not feel

22 that It was beneficial to leave Kyle alone at the" - at

23 the what?

24 A. Residence.

25 Q. U's up at the top, okay, I read through

Page 92

1

2

3

your Interview of Thomas Brennan, but you never asked

him any questions about that. Why did Thomas Brennan --

did you ever find out why he felt Itwas not beneficial

4 to leave Kyle Brennan alone?

5 A. I can only base on what he told Officer

6 Yuen. Obviously he had some concerns about leaving

7 Kyle, you know, there whlle he may be gone for extended

8 periOds of time. Whether there was a psychological

9 reason or what, I don't know that and I can't assume

10 that. It·s obvious to me that most of this young man's

11 upbringing was up north away from dad. Maybe heJust

12 didn't want to start that relationship. I don't know.

13 I can·t speculate and I won·t.

14 Q. That·s why I don't want .- none of us want

15 you to speculate. But as far as you know as you sit

16 here today, no one followed up with Thomas Brennan as to

17 what he meant by that, Itwasn't beneficial to leave

18 Kyle Brennan alone?

19 A. No. Personally to speak on my behalf, I

20 did not, sir.

21 Q. Oldyou find It peculiar, and that may not

22 be the right word, when officer Yuen writes that Kyle-·

23 that Thomas Brennan didn't know where he stored the

24 ammunition for his gun In his apartment?

25 A. I had some concerns about that.

Page 93

1 Q. Oldyou ever find out?

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7 38 4d d3 1·4 24 c- 4e 20 -a 7d c- e5 bb 57 68 a6

2 A. Later on in the investigation Mr. Brennan

3 said that hefelt confident that It was Inthe same bag

4 or the carrying case as the gun, Let me say this as

5 well. At the time that Mr, Brennan was interviewed

6 about this Is when the officers show up when his son

7 most likely is still laying Inside the apartment with a

8 gaping hole In his head. This Is something that he

9 witnessed. My experience has shown me personally when

10 I've deaIt wIth people at homicide scenes, they will

11 forget key things, and then the next day or days later

12 come forward and sometimes don·t even remember some of

13 the things that they did tell me. If they were exposed

14 to that site, which apparently Mr. Brennan was. He

15 walked In and saw him. So,yeah, It raised a flag.

16 Well, you remember where the gun was, but not the

17 ammunition, but It dldn·t push me off the cliff. It was18 enough whereO I did touch base with him on It later on

19 In the Investigation, and I think the answer that he

20 provided seemed to be reasonable.

21 Q. It says that according to Officer Yuen that

22 Thomas Brennan states that the revolver was stored in a

23 green Army bag?

24 A. Correct,

25 Q. Now,lsn·t It true, and correct me if I'm





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wrong, but no one, the pollee officers, McCabe,

forensics, Marti Scholl, M.E.·s Office, no one talks

about seeing a green Army bag when they discovered Kyle

Brennan's body?

A. That's correct. Ican't speak on their

behalf. They were at the scene •• not all of them, but

the majority of the names that you just mentioned, but

that's correct, It Is not brought up.

Q. Itdoesn't concern you at all that the bag

10 Inwhich the gun admittedly by Thomas Brennan was stored 10

11 was not discovered at the scene? 11

12 A. When I reviewed the totality of everything, 12

13 all the circumstances today, no, I'm not overly 13

14 concerned about that. Now, If I was there that night, If 14

15 I got called out at the time of It, It would be 15

16 something I would like to see a photograph possibly, 16

17 yes. 17

18 Q. Does It concern you at all that the bullet 18

19 that exited his skull was never found at the scene? 19

20 A. I don't know If that's been stated anywhere 20

21 In anybody's report. Ihink basically what It Is Is It 21

22 was probably obliterated to the point where It was 22

23 fragmented, but I don't recall them saying they never 23

24 found any trace of It. 24

25 Q. I want you to assume that I'm correct just 25

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for the purpose of my question. If they all said they 1

looked for It and couldn't find it, would that be of any 2

concern to you? 3

A. No. And I recall seeing that in the 4

reports. That's not uncommon. It·s not uncommon at 5

~ 6

Q. A bullet of 357 magnum? 7

A. It's not uncommon. It's probably lodged In 8

a wall somewhere, the majority of it or in a place where 9

they just weren't looking. Hero's what I look at, When 10

Iook at those photographs and that's one that I'm 11

going to review, I want to make sure that this incident 12

happened where they say It happened. Now anybody with 13

any type of forensic background or a blood spatter 14

analysis which I do have, you can read that scene. You 15

can see that It took place there. There is no way that 16

somebody could have staged the blood spatter that I saw 17in those photos for it to have happened somewhere else 18

and then for him to be brought there and left to be 19

found. The blood evidence, the spatter evidence speaks 20

for itself. 2 1

Q. Did you ever testify in a court of law 22

qualified to testify as the blood spatter evidence? 23

A. I'm not qualified as a blood spatter expert 24

In court. 25

P ag e 9 6

1 Q. Did It raise any concerns for you that Kyle

2 Brennan's head conveniently fell Inside of a laundry

3 basket 50 the blood wouldn't go everywhere?

4 MR. FUGATe: Objection to the form. You

5 can answer.

6 .BYMR. DANDAR:

7 A. It didn't raise any specific flags to me,

8 no, sir.

9 Q. Did It raise any red flags to you that Kyle

Brennan's bedroom, which his father said was his bedroom

where he slept while he was staying there, that all of

the bedding was stripped off of the bed and the only

thing on the bed were two pillows?

A. Iead that In Officer Yuen's report. I

was aware of It. Nothing specific would raise any flags

for me.

Q. Now, In Officer Yuen's report It says that

Thomas Brennan never told Kyle there was a firearm

Inside the residence. Is that Important for you to know

that the father saying that the son was never told that

he had a gun, the father had a gun?

A. It's something that you'd want to know,

sure.

Q. Have you ever learned that Kyle Brennan

knew his father had this fIrearm when Kyle Brennan lived

P a ge 9 7

with him in Lehigh Acres for at least three •• Ihink

it·s either three to six months?

A. I'm trying to remember who It was that

might have mentioned that. I think It was Scott. It

could have been Scott during a conversation that we had.

There was mention of that. Iemember Lehigh Acres. I

know he went to SChool there or something. He graduated

high school. So there Is a possibility of that.

Q. But that doesn't appear anywhere in your

report of your conversations with Scott Brennan?

A. Idon't know If It does or not without

looking back on It. Iemember because It came up,

where did you get this gun from. And that's I think

when we found out that the grandfather, It came from a

family member that had been passed down.

Q. Would It have been of interest to you to

know, though, that Kyle Brennan was familiar with thegun and according to Thomas Brennan had even fired the

gun at a firing range while he was living with his

father a year or two before this In Lehigh Acres?

A. You're bringing this out now, This Is the

first I'm hearing about It. I'm not aware of that. It

was never told to me by anyone about going to a range.

This Is the first that I hear of It.

Q. So that's testimony from Thomas Brennan In

July 12,2010

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his deposition In this case. Would you agree with me

that contradicts his statement to Officer Yuen that

Thomas never told Kyle there was a firearm inside the

residence?

MR,ALVAREZ: Objection to form,

BYMR.DANDAR:

A. Anybody that would read that would say yes.

8 U's not adding up. If that's what you're asking me. 8

9 Q. Yes, as a detective I'm asking you that? 9

lOA. Sure. It does not - It's not consistent, 10

11 that's correct. 11

12 Q. But you think that Thomas Brennan saying to 12

13 Officer Yuen that he can't remember exactly where he 13

14 stored the ammunition could be attributed to the fact 14

15 that he's really upset because this interview happened 15

16 right after his son's death? 16

17 A. I'm not saying it's the sole reason. 17

18 Counselor, what I'm saying is I have worked enough cases 18

19 where I can't go in right away and Judge somebody on the 19

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statements that they make after they've witnessed

something tragic like that, You can't. You cannot do

that, That's the way that I operate. A lot of times

you go back and you do a follow-up interview. That's

what I'm saying. That it's possible based on what he

observed.

1 It, if that helps at all,

2 Q. Well, did you ever ask any family member In

3 Virginia, since that·s where the medicine came from?

4

5

6

7

A, The medicine?

Q. The medicine, the Lexapro. Prescription

medicine?

A. All right.

Q. Did you ever ask any family member In

Virginia as to where the medicine was purchased?

A. I never did, but I think that answer came

through Marti Scholl with the Investigator's office, the

Medical Examiner's Office, through the doctor that the

prescription was obtained through him. You mean

specifically what store like a drug store?

Q. What store?

A, No. I never did that.

Q. Vou actually saw the bottle?

A, I have, yes.

Q. It's stili In the Sheriffs office?

A. Yes, It Is.

Q. Evidence locker?

A. It's down on 49th Street in the evidence

section.

Q. I have a picture of that from Attorney

Potter representing the Church, and it shows a label on

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24

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Page 99

1 Q. Is It consistent to you that Thomas Brennan

2 makes the statement to Officer Vuen that Kyle didn't

3 want to take his Lexapro medication, and, therefore, he

4 gave the medicine to his father to lock up In the trunk

5 of his car so that Kyle wouldn't have access to It?

6 MR, ALVAREZ: Objection to form,

7 BVMR.DANDAR:

8 A. Veah, I'm not sure I'm understanding the

9 question. Can you Just kind of repeat It back to me?

10 Q. Does it raise any red flags to you that the

11 father said to Officer Vuen that Kyle didn't like taking

12 his Lexapro and that's why he gave It to the father to

13 lock it up in the trunk of his car, Does that make

14 sense?

15 A. It doesn't send any red flags my way. He

16 could have said that to his dad, he could have said

17 that, I wasn't there to witness It, but that doesn't18 raise any red flags to me. I would have to look at it

19 to show that it doesn't raise any red flags that he

20 obviously wasn't taking his Lexapro. That prescription

21 was quite old, and you still had half -. almost half the

22 _.actually a little more than half the amount left in

23 the bottle. So If anything I'd say It was consistent

24 that he didn't like taking It because he wasn't taking

25 it. The evidence would suggest that he wasn't taking

Page 101

1 it from Wal-Mart pharmacy in Charlottesville, Virginia.

2 Would It be of any concern to you or raise

3 a red flag that Victoria Britton, the mother, testified

4 that she only bought the prescription at CVS pharmacy in

5 Charlottesville, Virginia, always from the same drug

6 store?

7 A. It would be something that I'd say, yeah,

8 that doesn't,match up to what I have on the bottle.

9 Sure, you'd look at it.

10 Q. WOUldit be of interest to you to know that

11 she had - I think she told -I don't know who-

12 either told you or someone else In the Clearwater Police

13 Department that there were extra pills that she had

14 placed In Kyle's prescription bottle that he had not

15 used up. I think she said 5 extra pills before Kyle

16 took off In November, So there was more than 30, If

17 that's the only bottle of medicine that he had, Would

18 that be of any Interest?

19 A, Of course itwould be of Interest, but why

20 bring that up now in a deposition. That was never

21 brought up to me earlier on,

22 Q, I think it's in here somewhere.

23 A. That she put extra pills in there?

24 Q. Veah.

25 A. She didn't tell that to me and there wasn't

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1 too many other people that she dealt with at the 1

2 Clearwater Police Department, anybody that I know of. 2

3 Q. No, It was just you. 3

4 A. You'd see that in my report. That Is 4

5 Information that obviously it would come back to bite me 5

6 in deposition, okay. 6

7 Q. It·s not meant to bite you. 7

8 A. It's just a figure of speech. 8

9 Q. Did you know? 9

lOA. Absolutely not. Yes, that would be of 10

11 concern. I'd say, hummm, okay, I've got to look into 11

12 that a little bit further. Absolutely. 12

13 Q. Does it strike you odd -let me put It 13

14 that way - that if Kyle Brennan didn't like taking his 14

15 Lexapro, why in the world did he stili have the bottle 15

16 with him when he arrived in Clearwater? 16

17 A. I don·t know. I don't know what went on 17

18 Inside the mind of Kyle. I only know when • listened to 18

19 his telephone conversation to the Clearwater Police 19

20 Department, there were some issues going on. I don't 20

21 know if he knew what was going on day-to·day_ If you 21

22 review that phone call, I think It speaks volumes for 22

23 Itself. So why he would hang onto that, I don't know. 23

24 Why would he write "look inside" on his stomach? Why 24

25 would he write 11 o'clock on a piece of paper? Nobody 25

that way for other groups that applied for It. There Is

nothing to hide. I brought it today so you could

physically see It on purpose. There aln·t nothing to

hide.

Q. I'm not saying you're hiding anything. I'm

just --

A. You're asking me why a record says

something, I don·t know. If you're missing something

that you want or you need, say the word and we'll make

sure that records get sent.

Q. I got a whole list of stuff I've got to

send to you.

A. You may have to do It specifically.

Certain things like photos or evidence, you do have to

go through the Sheriffs office to get those.

MR. FUGATE; Just to save time there, all

of the evidence that you collected in the

investigation, did you make sure that It was

transmitted to the Sheriffs office andlor It was

already transmitted in the form of autopsy

photos? Is that what happened In this case?

THE WITNESS; Well, the autopsy photos, they

maintain those down at the District 6 Medical

Examiner's.

MR. FUGATE: I should have said scene

Page 103 Page 105

1 may ever know these things, but we can say reasonably

2 certain that that's Kyle on that phone call that was

3 made, and everybody seems to agree that It was to our

4 police department, the young man had some unfortunate

5 issues going on inside his brain.

6 Q. How do you know It was Kyle?

7 A. I knew that question was coming up today.

8 I don·t know for sure, but he identified himself as

9 Kyle. The phone number that It came from Is consistent

10 with the phone number that the brother supplied to me up

11 in Virginia. It coincides with the phone records that

12 the family provided to me. Could It have been somebody

13 that tackled him and took his phone and decided to call

14 the Clearwater Police Department? Sure, Sir, but I'm

15 reasonably certain that it was Kyle.

16 Q. Let me ask you this. When I as a lawyer

17 for the estate sent a letter requesting the police file18 on Kyle Brennan's Investigation after It·s closed, why

19 Is It that I don't receive with the paper report, the

20 telephone calls. the things that are on CD's and DVD's?

21 A. I don't know. I don't work in the records

22 section, but I know that we have a very professional

23 group down there. Whenever in a major case like this

24 whenever there is a request made, they usually contact

25 me so that we're on the same page. I think It worked

1 photos.

2 THEWITNESS;Anything else. yeah, I would

3 make sure that It goes down to that location on

4 49th Street, the property and evidence section,

5 MR. FUGATE; If anybody contacts you like

6 me, you say you can go down and look at It. We

7 went down and looked at It, is that correct?

8 THEWITNESS: Correct. Alii would have to

9 do Is make a phone call to the supervisor down

10 there as the case agent and I can make that

11 happen. It's as simple as that.

12 BYMR.DANDAR;

13 Q. Would It have been of any Interest for you

14 to know that Thomas Brennan told Scott Brennan and Kyle

15 Brennan when they were growing up that his father would

16 place a loaded gun under their pillow as punishment If

17 they had done something wrong that day?18 MR, ALVAREZ; Objection to form,

19 BYMR.DANDAR;

20 A. The things you bring up are obvious, sure.

21 If I had heard that earlier on Inthe Investigation,

22 you'd say, yeah, that·s concern, absolutely.

23 Q, Ifthis was an obvIous suiCide from the

24 on-the-scene Investigation, why were you even calfed In?

25 A. Good point. I'm glad you brought It up.

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Page 106

1 We have a policy at the Clearwater Police Department any 1

2 death investigation, anything, even if we have an 2

3 unfortunate 87-year-old woman that dies of natural 3

4 causes, we get It exactly_ No matter what. So I'm 4

5 responsible, I'm held responsible to review It, make 5

6 sure everything was done properly at the scene. Make 6

7 sure the Medical Examiner's Office was contacted, Make 78 sure the funeral home was contacted and the next of kin 8

9 was contacted before that case can even think about 9

10 getting a closure stamp on it, 10

11 This case - and this Is the point that I 11

12 wanted to bring out. It wasn't special because It 12

13 involved the Church of Scientology, We treated it like 13

14 any other case, and especially in a suicide case, it 14

15 would never come to me as closed, It has to come to me 15

16 as active, Because there's always follow up that has to 16

17 be done, That follow up would Include speaking with the 17

18 Medical Examiner's Office and awaiting the results of 18

19 the toxicology which takes six to eight weeks in our 19

20 county, That's Just the way It Is, Still that report 20

21 won't even get closed until well after two or three 21

22 months later. I can inactivate It and suspend It, but 22

23 it won·t get closed down until I get all the facts back. 23

24 So every case of a death nature comes to me active. 24

25 Q. When was It first talked about that somehow 25

Page 108

Inquiring, hey, Can I leave here? I want to go to

another residence. I think It mIght have come up then.

It wasn't something like I asked him. I would have no

reason to do so.

Q. Officer Yuen writes on his report and I

guess it would be your Page 2, my Page 12, Right Where

It says, "I went back out and retrieved Kyle's

prescription medication from Thomas's vehicle." Doyou

see that?

A. Yeah,

Q, The last sentence there that says, "Kyle

would only take the medications sporadically or when he

felt like he needed it." The father admitting that Kyle

Brennan would take the medication when he needed It, Is

that inconsistent with the father locking up the

medicine in the trunk of his car?

MR.ALVAREZ= Objection to form.

BYMR. DANDAR=

Q. To you?

A. I think knowing what we know now I would

say no. I would say no.

Q. Why?

A. Well, again, I go back to what I said

earlier. How many months had gone by to this time where

there's still 16 pills left In the bottle. You advise

Page 107

1 the death of Kyle Brennan Involved the Church of

2 Scientology?

3 MR. FUGATE: Objection to form.

4 BYMR. DANDAR:

5 A. Sir, I honestly don't recall that. It

6 probably had to be within the first couple of days.

7 Q. Was it because Thomas Brennan told Officer

8 Yuen at the scene that he had possession of the

9 medication in the trunk of his car and that Thomas

10 Brennan dldn·t believe in psychiatric medications

11 because of his religiOUS beliefs?

12 A. No, I don't think that even triggered it.

13 Because I mean we hear things like that oftentimes and

14 it has nothing to do with the Church of Scientology.

15 That's not a shocker, There's no shock value to that.

16 Q. I think I'm looking In here In Officer

17 Yuen's report. I don't think he even mentions the

18 Church of Scientology?

19 A. He doesn't. That's why I'm saying I think

20 it was within the first few days, but It had nothing to

21 do with the very first night. I think where It came

22 about was it might have been the next »well, it was

23 still the same day, To me It was the next day, but It

24 was later on In the day when I came on duty. Ispoke

25 with Thomas on the phone and that's when he was

Page 109

1 now that someone said there was an additional In there

2 which is the first I'm hearing at this deposition. Even

3 if you did that, it still doesn't add up. This young

4 man was not taking these pills the way he was supposed

5 to be taking them on a daily basis. He was months

6 beyond getting refills. So for him to come to his dad

7 and agree on, according to dad, agree on a plan, an

8 alternate plan to make him feel better through diet,

9 would not to me if that's what happened, for him to turn

10 them over and say, all right, dad, you hold onto them

11 and we'll try your plan or our plan, whatever It was.

12 That doesn't raise any red flags to me. Again, I have

13 to go back on the sporadic behavior of this young man

14 from the time he left Virginia and to HawaII to

15 Clearwater, Who am I to say what's right and wrong

16 what's going on In this young man.

17 Q. What was sporadic about that?

18 A. All of a sudden leaving a family in

19 Virginia, empty out your bank account of $8,000. This

20 Is being told to me by the family up north. If I'm

21 wrong, correct me, but this is what I learned. Then to

22 make your way from Virginia to California and then end

23 up In HawaII and back to California, where did all that

24 money go that he had? What has he been doing with all

25 of that? And then to make the phone call to the

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1 Clearwater Police Department that he made. It was 1

2 obvious that hewas having some meltdowns. There was 2 Right here, this. Is this it? No, it's not It.

3 something going on In this young man's mind that needed 3 A, This Is the doctor's documentation of the

4 assistance, 4 autopsy, the physical findings and then they get into

5 Q, OldItever come to your attention that 5 the cause and manner of death, what they find, They!

6 Kyle Brennan was attempting to make a report to law 6 talk about the contact entrance, GSWstands for gunshot

7 enforcement of some agency about ThomaS Brennan's 7 wound and then an exit GSW,and they mark it on the8 starting an arson fire at an apartment complex? 8 head.

9 A, I am aware of something like that. U's in 9 Q, Does it look to you like they went straight

10 the evidence. It's InKyle's writings, He's very angry 10 through level?

11 at his family, both his mom and his dad, 11 A. I wasn't at the scene so I can't evaluate

12 Q. How do you know that the writings that 12 that, but based on tho report of this I think it's got al

13 Thomas Brennan produced to you after he sont all of Kyle 13 light - very slight downward projection, This gets

14 Brennan's belongings back to Virginia were, in fact, 14 into toxicology, So I don't know, is that what you're

15 Kyle Brennan's writings? 15 referring to?

1

17

6 A, You raise a good paint, I can't sit here 16 Q. No, that's still not it, but that's okay,

and say with 100 porcent certainty that It Is his 17 A, This Is all that I have from the Medical

18 writing, but U's consistent with the wording and all 18 E)(amlner's Office.

19 the other documents that we feel reasonable came from 19 Q. So this Is what I have to ask you thon,

20 Kyle. 20 What Marti Scholl wrote or told you - well, I'm putting

21 Q. And you're talking about the notes in his 21 words in your mouth. I'm going to back up so let me!

22 pants' pockets? 22 start over. Again, on my Page 14, let's go to E)(hibit

23 A. Correct. 23 14, it's probably better that way.

24 Q. How do you know that Kyle wrote that? 24 MR. FUGATE: E)(hlblt 1,Page 14.

1_ _2_5 A_,__I_c_a_n_'_t_s_a_y_fO_r_a_b_s_0_I_u_te_'_y_s_u_r_e_,2-5----B-Y-M--R-.-D-A-N-D-A-R--:----_--------

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Exhibit 1,Page 14, how did you get the

Information that has the date of March 5, 2007 at 1550

Page 110

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Q. And then you said Kyle Brennan wrote "look 1

Inside" on his stomach. How do you know hewrote that? 2

A. I can't say with a hundred percent 3

certainty that he did, 4

Q, I'm trying to follow my notes becauso I'm 5

trying to stay in some kind of order here, 6

A, You're doing good, 7

Q. All right. Were you ever told by Denise 8

Gentile and Gerry Gentile or Thomas Brennan, members of 9

the Church of Scientology, that their founder Mr, 10

Hubbard gave a lecture on curing a psychotic by putting 11

a loaded gun up to their head? 12

MR.FUGATE: ObjectIon to form, 13

BYMR. DANDAR: 14

A, No. we never discussed anything like that, 15

sir, I never asked any questions going that way, 16

absolutely not. Let tho record reflect itself, you see 17the Interview Is taped, It's live. It was never said, 18

Q. Those videos are stili available for us, 19

right?

A, Absolutely. They're always available.

Q, Now, do you have tho typed notes of Marti

Scholl?

A. I do not. I have the final report of

autopsy; but I don't have any typed notes from Marti.

Q. Let me see your final reports of autopsy.

Page 112

Q,

hours?

A .

Q,

Are we talking about right down here?

Yes.

A, How did Iget the time of 1550 hours? Is

that what your question Is?

Q, No, I guess your entry actually answers my

question. but I wanted you to tell me for sure. It says

you made telephone contact with Investigator Scholl, and

she confirmed that she spoke with Kyle Brennan's doctor,

the psychiatrist?

A, Right.

Q, Did she use those words to you or Is this

Just you paraphrasing?

A. This is me paraphrasing. The fact that she

spoke with them. yeah.Q. Dr, McNamara has testified in this case

already that all he had from Marti Scholl was a voice

20 mail, Never spoke to her, Because he would have

21 written that down if he did,

22 MR. FUGATE: You're saying that's what he

23

24

25

testified to?

MR.DANDAR: Oh, yeah.

MR, FUGATE; Is that a question or are you

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1 testifying? 1

2 BY MR. DANDAR: 2

3 Q. No, I'm getting ready to ask my question 3

4 and this is another preliminary statement for the 4

5 question. When we took Marti Scholl's deposition, she 5

6 had a typed note of either her conversation that she 6

7 said she had with Dr. McNamara, but you never got that 78 typed note, right? 8

9 A. That·s correct. I never have •• excuse me 9

10 ••from any of their investigators In any case. 10

11 Q. So this Is just a phone call that you're 11

12 confirming, your notes of a phone call that you had with 12

13 Marti Scholl on March the 5th, 20071 13

14 A . My documentation states the contact that I 14

15 had with her, and the things that she told me about a 1!?

16 specific important area of the investigation which was 16

17 talking to the doctor, what did he say. 17

18 Q. Marti 5cholll'm just going to represent to 18

19 you, her notes that she typed, do not say Dr. McNamara 1 9

20 advised that he was not aware of any major side effects 20

21 if one was to suddenly stop taking Lexapro, the last 21

22 sentence of your entry. Her notes don't have that at 22

23 all. 23

24 50 as you sit here today can you state 24

25 affirmatively that this note that you wrote Is accurate? 25

Page 115

1 A. Yes, Ican, absolutely. 1

2 Q. Old you do any Independent Investigation 2

3 whether or not that statement Is accurate with another 3

4 medical person? If you abruptly stop taking Lexapro and 4

5 It's not a big deal? 56 A . Is your question did I consult with anybody 6

7 else outside of this Investigation? 7

8 Q. Right, 8

9 A . No, I did not. 9

10 Q. Or the Medical Examiner that did the 10

11 autopsy? 11

12 A . I did not, 12

13 Q. Now, on Exhibit 1, Page 14,It says you 13

14 contacted Thomas Brennan on March 5, He agreed to meet 14

15 you on March the 7th at his apartment or house that he 15

16 was living In which was owned by his boss, Denise 16

17 Gentile and Gerry Gentile? 17

18 MR. FUGATE: Objection to your testifying. 18

19 BYMR, DANDAR: 19

20 Q. Doyou see that In your notes? 20

21 A . I do see It In my report. 21

22 Q. What date did you actually meet with him? 22

23 A. March 5th, 2007. Are you speaking of the 23

24 403 Pennsylvania Avenue address? Are we Inthe same 24

25 place? 25

[email protected]

Q. Yes.

MR. FUGATE: I don't see anything about

Denise or Gerry Gentile in that sentence so maybe

I missed something.

BYMR. DANDAR:

Q. You're right. I'm going to back up.

A. You asked me if Imet with them there,

Thomas Brennan?

Q. Right. Let's start over again, okay.

A. Okay.

Q. OnMarch 5th of 2007 after you talked to

Marti Scholl, you then made a telephone call to Thomas

Brennan, correct?

A. Yes, sir.

Q, You spoke to Thomas Brennan on the phone

and said you wanted to meet with him, correct?

A. That·s correct.

Q. He agreed to meet with you and asked you to

come over to his new resIdence on March the 7th at 11:00

a.m, And that address was 403 Pennsylvania Avenue in

Clearwater, correct?

A. Yes, sir.

Q. Did you go and meet with him on March 7th

of 20071

A. I eventually dId meet with him on the 7th,

Page 117

yes. I think It·s documented in there. It's further on

because a lot of stuff got pasted into that.

Q. On Page 19 it has March 7, 2007. You went

and met with Thomas and Wendy Brennan on 403

Pennsylvania Avenue?

A. On Page 18 you mean? Ihave Page 18.

You're going off of that.

Q. Why Is that different than mine?

A. This Is the one where f think It was

supplied by Mr. Fugate.

Q. All right. That's Page 18. Where does It

say-

A. On 3/6/2007 at 1100 hours.

Q. Okay, Ihave that.

A. Yeah. I think it's the same report.

Q, All right. So let me ask you this because

I'm going to turn this over. You also met him on March

the 7th?

A. No, that's a typo.

Q. Is it?

A. That's a typo. Considering all the

documentation I did in this case, I know I made a couple

of typos.

Q. Well, I don't think It Is a typo, and this

Is why I want you to go through this with me. J think

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1 you're absolutely right,

2 A . No, I think my date is right there when I

3 met him, but Ihink the date that I put down that I

4 originally was going to meet himIhink was a typo,

5 Q. Oh,that one, the one we just talked about,

6 March the 7th?

7 A. March the 7th.8 Q. Youmet himonMarch the 6th?

9 A. Yes,

10 Q. Now, on March the 6th Isthis recorded?

11 Oldyou tape this Interview?

12 A. I did not.

13 Q. Whynot?

14 A, I hadno reason to tape record It, It's

15 strictly my decision to do that. J didn't feel the need

16 to do so,

17 Q, What causes you to record an Interview? 17

18 A. U'scasespecific, It depends on the 18

19 case. In a situation like this one of the reasons that 19

20 it weighed heavyon mefor this was basically what he 20

21 hadJustbeen through with the loss of his son. If 21

22 there would have been any reason to think that hewas 22

23 out and out lying about anything or more in anything 23

24 that we havediscussed already, I definitely would have 24

25 considered it, but it's not mandatory. It's a decision 25

1 Whenyou're Interviewing ThomasBrennan,

2 you're making notes on a piece of paper?

3 A. Ona note pad.

4 Q. Doyou still havethose notes?

5 A. No.

6 Q. After you type this up, do you destroy It?

7 A, U'sa practice of mine. Everycase that I8 do,absolutely,

9 Q. Hesays that while Kylewasstaying with

10 him,ThomasBrennan,Kyle never spoke of suicide?

11 A. That's correct, that's Inmy report.

12 Q. Wouldyou agreewith methat all of the -

13 what's purported and told to you to behandwritten notes

14 of KyleBrennanfoundat the scene, there was never a

15 suicide note?

16 A. Idon't know if I could say that with any

certainty. That one piece of paper that was Inhis

pocket could bea suicide note,

Q. Did it say, I'm going to kill myself?

A. It never uses those words, but it speaks

about hownoone - no oneever wanted to helpmeor

offered the assistance, and nobodywanted to listen to

me, that the officers or the cops are corrupt. Things

of that nature. That·snot word for word, but by

looking at that It could beconsidered the writings of

Page 119 Page 121

1 that Imade as an Investigator that it was not needed,

2 andIstick by that decision.

3 Q, So this Iswhen he tells you that the

4 firearm and the ammunition has been stored Inthe

5 bedroom night stand within a green Army style bag?6 A. Yeah, We're gOingdown three-quarters of

7 the way into the page?

8 Q. Right, right,

9 A. Yeah, I'mwith you. That's correct.

10 That's what my report states.

11 Q. And he tells you the same thing he told

12 Officer Yuen, he never advised Kyle of the location of

13 the firearm. Well, actually that's not the same, He

14 told Officer Yuen that Kyle didn't know he had a

15 firearm, right?

16 MR.ALVAREZ: Objection to form. He never

17 actually said that. Hedidn't tell Kyle he had a

18 firearm Inthat particular residence. I think

19 it's back on Page 11 or so.

20 BYMR.DANDAR:

21 Q. 12, Thomas never told Kyle there was a

22 firearm inside the residence, and in your interview on

23 Page18 It says that he never advised Kyle of the

24 locatIon of the firearm, nor did Kyle ever speak of the

25 firearm. Let me ask you this.

1 somebody that waswanting to commit suicide. I can't

2 say for sure.

3 Q. Doyouagreewith me that nowhere Inyour

4 report do youwrite and conclude that there was a

5 suicide note?6 A. That·scorrect. That isaccurate,

7 Q, Youalsostate here that ThomasBrennan

8 told you that KyleBrennanwas scheduled to return back

9 to Virginia on february 19, 2007 to residewith his

10 mother, right?

11 A. To reside with hismother, Ididwrite

12 that, yes, sir.

13 Q. Didyou ask ThomasBrennanhowKyleBrennan

14 was going back two daysafter hisdeath? Not that way,

15 of course, but howwas he scheduled to go back to

16 Virginia?

17 A. I don't know any of the specifics of that.

18 I took that to mean that - because therewas word of

19 that evenby Victoria herself that it didn't appear like

20 Thomaswanted to take on the responsibility of having

21 Kyle herefull time becausehewas working somany

22 hours, he beingTom. How- we didn't get into whether

23 hewas going to take a train or a plane, we didn't get

24 Intoany of that. I didn't ask those questions.

25 Q. Oldyouask any question like showme the

J uly 1 2,2 0 10

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1 ticket that he was going to take?

2 A. No, absolutely not, I did not. And I

3 wouldn't change anything today If I had It to do again,

4 Q. Now, Thomas Brennan said·· I've got to

5 back up, Who told you that·· on Page 11 of the exhibit

6 Officer Yuen writes that Thomas Brennan told him that he

7 was working full time and did not feel It was beneficial8 to leave Kyle alone at the residence?

9 A. That's down toward the bottom of the page,

10 sir?

11 Q. Yes.

12 A. And Kyle was scheduled to return to

13 Virginia on Monday to move back with his mother. Thomas

14 advised that he was working full time, Did not feel It

15 was beneficial to leave Kyle alone at the residence.

16 Q. You've got a typed chronology, dally notes

17 O f Victoria Brennan at some time, Is that right?

18 A, I'm not sure I understand your question.

19 Oh, I'm sorry. I think I do understand It, Are you

20 talking about the ••Victoria was sending me ., yes, I

21 do have those Inmy case file.

22 Q, Did you see In there where she had the

23 conversation with Thomas Brennan before Kyle died where

24 Thomas Brennan told her Kyle has to come back because

25 the church was putting too much pressure on him?

Page 123

1 A. Idon't recall that specifically, There 1

2 was a lot of notes, There was many pages, If you want, 2

3 I'U be glad to review It and pull it out, 3

4 Q. I just want to make sure this Is In your 4

5 file, I don't think it's what Mr. Fugate gave you. 56 A. No, it's going to be in my book. I know 6

7 exactly what you're referring to. 7

8 Q, Right here It says he admitted that his 8

9 priorities were not focused and said that the church was 9

10 putting a lot of pressure on him. He explained by 10

11 saying that he was trying to sell books at the local 11

12 mali, working the state fair and doing watch duty at 12

13 night? 13

14 A. So that the Church •• that's meant to say 14

15 the Church of Scientology was putting pressure on him 15

16 Thomas? 16

17 Q, Yes. 17

18 A. Before I answer that, Iwant to look at 18

19 every single document that she sent. 19

20 MR, FUGATE; Well, your question Is did he 20

21 have that in his report, something from Victoria, 21

22 right? 22

23 BY MR. DANDAR: 23

24 Q. Yes. Do you have this page? 24

25 A. That's what I'm saying, Ineed to look 25

Q. Yes, sir. It starts there, but this is

where I was reading from In the second paragraph,

MR, ALVAREZ: It might actually be the

14th.

BY MR. DANDAR:A. Yeah, because I'm not seeing it under the

15th,

Q, I'm sorry, did I do the wrong thing?

You're absolutely correct. It's the 14th, sorry, the

second paragraph.

A. Okay. I do have this one you're speaking

of Savannah asking for him. He admitted that his

priorities were not focused and said the church was

putting a lot of pressure on him. I do have that

document, yes, sir.

MR. FUGATE: Just to be clear. When did

you get possession of the document that said

something like that from Victoria Britton?

BY MR. DANDAR:

A. This Is dated September 10, 2007. That·s

the cover letter that Ieceived from Victoria Britton,

MR. FUGATE; Okay, thank you.

BY MR. DAN DAR:

Q, Did Thomas Brennan ever tell you that he

does watch duty at night?

1 through all those documents. Because she sent quite a

2 few so,

3 Q. Well, okay. Ihink her diary here Isn't

4 that long.

5 MR. FUGATE!; Well, he's just going to look

6 it up Ihink.

7 BYMR, DANDAR:8 Q. IJust want to know if you have it. That's

9 my question.

10 A. "I I let you know, Do you have a date

11 assigned for that? Because everything she sent me had a

12 date attached to it.

13 Q. Yes, I do. It looks like It's February the

14 15th, right there. See it?

15 A. This one Is marked the 7th through the

16 17th.

17 MR. ALVAREZ; But It looks like she might

18 have sent that to you In September of 2007. I

19 think that's your question as opposed to -

20 BYMR, DANDAR:

21 A. You're right, sir. This was dated

22 September 10,2007, by the time I had gotten it. Let·s

23 see if we have that specific one. February 15 you said?

24 Q. Yes. Right there.

25 A. You're saying February 15?

Page 125

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1 A. No, I don't recall that ever coming up, and 1

2 I have no reason to ask him that. 2

3 Q. Well, didn't you ask him what he does for a 3

4 living? 4

5 A. Yes, but what you're Insinuating I believe 5

6 on night watch duty and what somebody does for a living, 6

7 it could be two totally different things. Idid not ask 7

8 specifically If he does night watch duty for the Church 8

9 of Scientology. That never came up. 9

10 MR. FUGATE: Can we take a quick two-minute 10

11 break so I can make a phone call. 11

1 2 (At this time a brief recess was taken.) 1 2


14 Q. The fact that Thomas Brennan's - the fact 14

15 that Kyle Brennan's clothes were all packed up in duffle 15

16 bags when his body was discovered, coupled with Victoria 16

17 Brennan's (sic) February 15, '07 diary that her 17

18 conversation with Thomas Brennan was that Kyle had to 18

19 move out because he had someone else moving into his 19

20 bedroom, is that consistent? 20

2 1 MR. FUGATE: I'm objecting to form, but go 2 1

22 ahead. 22

23 MR. DANDAR: What's tho form problem? 23

24 MR. FUGATE: I don't know when she did her, 2 4

25 quote, diary, and I object to you stating It as a 25

P a g e 1 2 7

1

2

3

4

5

6

7

8

9

10

11

1 2

13

14

15

16

17

18

1 9

20

2 1

22

23

24

25

fact because he received It on September 10,

2007.

BYMR. DANDAR:

Q. Iunderstand, but assuming •• I mean that's

what the note says. Iunderstand what your objection

Is.

A. You're referring to the 14th now again?

Q. The 16th now.

A. Okay. I do have that on February 15.

Q, Could that be an explanation as to why his

bags were packed at the time' of his death? 11

A, Sure, It's possible, but we also had 1 2

Information that he was planning on moving back to his 13

mom anyway sometime around Monday. So It could be that 14

as well. I can't say for sure. I Just can't. 15

Q. I think before I Jumped around like that. 16

I'm sorry, I dIdn't want to do that. We were talking 17

about your entries for March 5. You were talking with 18

Thomas Brennan on March the 6th. 19

On March the 6th in your first eye·to·eye 20

Interview with Thomas Brennan he told you that he had 2 1

several pages of handwritten notes that belonged to 22

Kyle. He told you that Kyle brought these notes with 23

him when he arrived from California and that he 24

consented to you taking the handwritten notes so that 25

P a g e 1 2 8

you could make copies of them. Did you take them on

that date?

A. Yes, IdId.

Q. Did you know that as of March 6th of 2007

Thomas Brennan had already packed up all of the

belongings of Kyle Brennan and sent It all back to

Virginia to the mother's residence?

A. Oh, Ihink now we can say that that was

the case because at that time I didn't know about the

computer or any of the other things, but at that very

time when I met with him, I couldn·t be sure what was

stlll here and what had been mailed, if anything.

Q. Because no one told you that they had

mailed stuff back, right?

A. That's correct. And I think I made that

clear earlier.

Q. You said you would bring them back the next

day and you did bring them back the next day?

A. I did. I brought him back everything.

Q. What you copied is In your file?

A. U's In the case file, that's correct.

Q. And then on that very next - walt, the

same day that you Interview Thomas Brennan in the

presence of his wife Wendy Brennan, that very same day

Scott Brennan called you up maybe two or three hours

P a g e 1 2 9

1 later and tells you that he has Kyle Brennan's laptop

2 computer?

3 A. Idid have a conversation with Scott on

4 March 6, 2007 at 2 o'clock In the afternoon, yes.

5 Q. He tells you that he has the computer?

6 A. That·s correct.

7 Q. And that·s the first time that you learned

8 that there was a laptop computer belonging to Kyle

9 Brennan?

1 0 A. That's correct.

Q. Thomas Brennan nor Wendy Brennan told you

that Just a few hours before when you were IntervIewing

Thomas Brennan at 403 Pennsylvania Avenue?

A. That·s accurate, yes. sir.

Q. Now, when you interviewed Thomas Brennan

for the first time on March 6. did he tell you that the

residence where he was staying at at 403 PennsylvanIa

Avenue was owned by Denise and Gerry Gentile?

A. I dldn·t know that. I found out later, but

I dldn·t know that at that very specific time.

Q. So the next day then you go back on March

the 7th and meet with Thomas and Wendy Brennan, correct?

A. That·s correct.

Q. At this time you bring up the fact that you

now know about the computer that Thomas Brennan mailed

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1 back to the family in Virginia, correct?

2 A. Correct.

3 Q. And Thomas Brennan tells you then that he

4 did not review, remove or alter any flies within Kyle's

5 laptop computer, is that right?

6 A, That Is correct.

7 Q. Now, how did that subject matter even come

8 up about reviewing, removing or you say altering? How

9 did that come up?

lOA, Well, it would come up because she would

11 say why wasn't something like that brought up to me

12 sooner. So it was kind of like an advanced question to

13 try to cover the bases to find out did something happen

14 to this computer that somebody doesn't want me to find

15 out about. Whether It be this gentleman or somebody

16 else In the family, So It's a question that you throw

17 out there and see what kind of reaction there is to It,

18 Q. All he told you Is, what, did he say no or

19 did he say I did not •• I know this Is hard. It's hard

20 for me to ask the question, I did not review, remove or

21 alter any files within the Kyle's laptop computer?

22 A. He didn't say those words and you can tell

23 by reading •• a reasonable person would read that report

24 and know that that's not what he said, but that's the

25 wording that I would put Into it after the response that

Page 131

1 I got from Mr, Brennan. It clearly states that he 1

2 didn't do anything like that to the computer, 2

3 Q. Also at that time he did not tell you that 3

4 he had someone else do that? 4

5 A. That's correct, he did not, 5

6 Q. That didn't cause you any concern when you 6

7 later found out? 7

8 A. Sure, It did. That's why I reached out and 8

9 I wanted to get In touch with the Gentiles to find out 9

10 what was going on. Absolutely It did. 1 0

11 Q. But he even mentions In your next paragraph 11

12 on Page 19 of the exhibit, he even mentions that he had 12

13 his friend Gerry Gentile contact Victoria Britton to 13

14 advise her of the incident because he was too distraught 1 4

15 to speak with anyone? 15

16 A, Right, 1 6

17 Q, He then tells you that he called Gentile, 17

1 8 that's Gerry Gentile, right? After calling - 1 8

19 A, Are you down at the bottom? 19

20 Q. Yeah. 20

21 A, Okay, I'm with you. 21

22 Q. After calling his Chaplain Denise and the 22

23 police and requested that Gentile respond to the 23

24 apartment for support. Let's Just stop right there. 24

25 By this time you have already reviewed, of 25

1 course; the initial report of Officer Yuen, correct?

2 A. I reviewed it the very first day.

3 Q. Okay. So here we are on March the 7th of

4 2007 and Thomas Gentile -I'm sorry, Thomas Brennan

5 tells you that he called Gerry Gentile after he called

6 his Chaplain Denise?

7 A. I don't know If that's correct or not,

8 You're asking me if Thomas told me he called Gerry

9 Gentile after he called Denise? Is that the question?

10 Q. Yeah, why don't you just read that

11 question. It says. "Thomas advised." Read that out

12 loud.

13 A. Right. "Thomas advised that he asked his

14 close friend Gerry Gentile to contact Victoria Britton

15 and advise her of the incident because he was too

16 distraught to speak with anyone. Thomas advised that on

17 2/17/2007 he called Gentile after calling his Chaplain

18 Denise and the police and requested that Gentile respond

19 to the apartment for support."

20 Q. So did he tell you the full name of

21 Chaplain Denise?

22 A. I don't recall that specifically. I really

23 don't. I mean eventually it came out obviously as we

24 know, but I don't remember. I think it was in the

25 original report done by Officer Yuen.

Page 133

Q. That's what I'm trying to look for right

now.

A. For the record; I don't see It In Officer

Yuen's persons' section either, Ifyou're asking about

the full last name, I don't see it in there either.

Q. It Just says Chaplain Denise?

A. Correct.

Q. So here's the question, I know It's hard

since you've already completed your Investigation and

talked to everybody, but at the time of March the 7th,

2007; did you have any inkling that Chaplain Denise was

Denise Gentile?

A. I can't say at that time that I was able to

make any connection, you know, I wasn't able to,

Q, If Thomas Brennan had said Chaplain Denise

Gentile, you would have written down Chaplain Denise

Gentile, wouldn't you?

A. I can't say for sure, sir, I write a lot

of things down as you can see, But it's not something

that at that very time where we were on that date and

time that I believe was going to change In any way or

the scope of the investigation. It was evident that he

called other people because he made that clear to

Officer Yuen the very first night. But I can't say if

he would have told me Gentile I would have put It that

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1 way. I apologize. I just can't -

2 Q. Did he tell you on March the 7th of 2007

3 when you brought the notes he said were Kyle's notes

4 back to Thomas Brennan and Wendy Brennan, that he called

5 Chaplain Denise first before he called anyone else?

6 A. That·s exactly what I have In my report, I

7 feel confident with that, yes, sir,

8 Q, Then he says on March the 7th of 2007 or I

9 should say at the bottom of Page 19of Exhibit 1,

10 "Thomas confirmed that Gentile was at the residence when

11 the officers arrived at his apartment on 2117/07, Now,

12 my question is you used the word confirmed. Why did you

13 use that word?

14 A. I think I used it probably several times in

15 this Investigation. U's a word I use a lot.

16 Q. What I'm saying is did you ask them more

17 than once is that what confirmed means?

18 A. No. Ihink he's confirming, he's giving

19 reassurance of something that he probably spoke of

20 earlier, maybe to Officer Yuen. There was some concern

21 about he came In through the family, who was called

22 first, who was there before the police arrived, and I

23 think that·s why that question carne up. We were able to

24 show later after I spoke with Mr, Gentile that the

25 police were there when Mr, Gentile showed up. Where the

Page 136

1 her Interview with me that when he came home and found

2 what he did, that she didn't even really recognize him

3 first on the phone because he was In her words saying he

4 was hyperventilating. He was having a tough time

5 breathing trying to tell her what had happened. He

6 didn't know what to do. I don·t think Mr. Brennan ever

7 denied calling Denise first, I think he did speak of

8 that. And he said Iust called her, I reached out and

9 then she told me what to do.

10 Q. When you Interviewed Gerry Gentile, that

Page 135

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2

family believed It was the other way around. That was

one of the concerns that they had.

3 Q. But on March 7 Thomas Brennan confirmed

4 that Gentile was at the residence when the officers

5 arrived?

6 A, I understand what you're saying. I think

7 you asked me earlier and I stand by with what I wrote In

8 there and that's what he told me. Regardless of that, I

9 have to go by the Information of what Mr. Gentile told

10 me. He was confident he told me things that would make

11 me probably believe him more than Mrs, Brennan at this

12 point In time. Things such as I went to go up the

13 stairs and the police said, Who are you, you're not

14 coming up here? Things of that nature. I don't know If

15 he was just confused when he told me that or mistaken, I

16 don't know. But this specific piece of content In the

17Investigation I'd have to say that Mr. Gentile was

18 probably right in the fact that when he showed up the

19 police were everywhere.

20 Q. Did you ask Thomas Brennan why he called

21 Chaplain Denise before he called the police?

22 A. I don't recall if I specifically worded It

23 to him like that, but I know that this guy went into and

24 according to Mr. Gentile and to Denise, went into

25 absolute panlc mode, And Denise made that very clear In

11 was on video, too, right?

12 A. Yes.

13 Q. And as a law enforcement officer, you don't

14 have to tell anybody you're recording the conversation

15 or videotaping it, correct?

16 A, That is correct.

17 Q. In the recorded interview of Gerry Gentile

18 isn't it true that he first told you that he and his

19 wife Denise went to Thomas Brennan's apartment after

20 Thomas Brennan called?

21 A. I'd have to review that transcript to say

22 for sure. This Is - you referred to the interview with

23 Gerry Gentile, corrQct?

24 Q. Yes, sir.

25 A, And you say that was In the beginning of

Page 137

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the interview?

Q, I don't know exactly where It Is, but I'll

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3 get to It as soon as I can.

4 A. It's a pretty lengthy one.

5 Q. Idon't want you to read the whole thing.

6 It is a lengthy one, isn't it?

7 A. I have on my Page 6. I don·t know if that

8 helps you or not,

9 Q. No, it doesn't, but I'll try to make It

10 help me. What does he say on your Page 6?

11 A. It's a question Iasked Mr. Gentile, "And

12 you went with your wife to that location?" Gerry

13 Gentile responds, "No, just me. I jumped in the car and

14 went down,"

15 Then I responded, "So you went, okay,"

16 And then he responds, "Yeah,"

1 7"Now so when you arrive you definitely see

18 police cars there?"

19 ''Yeah,''

20 "And you see Tom speaking with an officer?"

21 ''Yes.''

22 That was his response. Now, unless there's

23 something prior to that.

24 Q. Yes. I think there Is.

25 (At this time there was a discussion





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1 off thl) record.)

2 BY MR. DANDAR:

3 Q. So It could be on Page 40 of the exhibit

4 which is numbered and I' ll tell you -

5 MR, ALVAREZ: I think that's the page he

6 was Just reading from.

7 BYMR. DANDAR:

8 Q. Right in the middle of the page itsays, "I

9 think It was my wife's cell phone," referring to Thomas

10 Brennan, calling. "Obviously with him doing handyman

11 work, you know, they know each other pretty well." And

12 then Gerry Gentile says, "So we went down there. And he

13 had, you know, walked up, Idon·t know where he lived,

14 but when I went down to the area, it's around the

15 Starbucks." Doyou see that?

16 A, I'm with you, sir.

1 7 Q. Right there he's saying we went down there?

18 A. Correct.

19 Q, Is there anyone else other than his wife

20 that he could be possibly talking about?

21 A. I'm not sure. I'm not aware of anybody

22 else that he could be talking about, but that's when I

23 verified It, though, going down,

24 Q. .Then he says, "There Is a lot of police

2 5 there"?

Page 139

1 A. Right. And that·s when I verified with 1

2 him, "and you went with your wife to that location?" 2

3 That WaSmy question. His response was "No, Just me." 3

4 So being honest with you, I can't sit here and say, en, 4

5 Ipicked up on that right away when you say that, I 56 don't recall that. But by my line of questioning a 6

7 couple of lines down, I must have picked up on 7

8 something. 8

9 Q, Yeah, you picked up on it. 9

10 A. I can't say with a hundred percent 10

11 certainty as we sit here. Let's be honest. That was a 11

12 long time ago. 12

13 Q. Now, we can take a break, 13

14 (At this time a brief lunch was taken.) 14


16 Q. So did you ever ask Thomas Brennan why he 16

17 copied what he said were the handwritten notes of Kyle 1718 Brennan that he had sent back to Virginia? 18

19 A. No, I did not. 19

20 Q. Did It strike you as odd that he would have 20

21

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copied the notes?

A, Not at all.

Q. Did you ask him to go out and find notes

that his son may have written?

A. Absolutely not, no.

1 Q. Did he tell you why he copied the notes?

2 A. No, he did not. I did not ask him.

3 Q. Now, in addition to Thomas Brennan

4 concealing from you the fact that there was a laptop

5 computer, Kyle's laptop computer, were you ever made

6 aware that Thomas Brennan also concealed from you that

7 there was Kyle Brennan's IPod?

8 MR, ALVAREZ: Objection to form.

9 MR. FUGATE: Objection to form. You can

10 answer.

11 BY MR. DANDAR:

12 A. I'm not aware of any IPod, sir. This is

13 the first time I'm hearing of It,

14 Q. Does that mean that you're not aware that

15 the Kyle Brennan iPod when sent back to VirgInia was

16 found to have been totally erased?


18 BYMR. DANDAR:

19 A. I think I answered the question. I'm not

20 aware of any IPod. This is the first time that I'm

21 hearing of It, that there ever was one.

22 Q. As of the first interview that you had with

23 Thomas Brennan on March 6,2007, where he tells you

24 about Chaplain Denise and Gerry who he says is Gerry

2 5 Gentile, at that time on March 6th of '07 did he tell

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you that he worked for the Gentiles as a handyman on

their property?

A. Which portion are you referring to In my

report, sir? Where are you at?

Q. I'm sorry. On Page 18of Exhibit 1.

A, 18 of Exhibit 1?

Q. Right.

A. Yeah. I don't recall there being any

specific time where he said I worked specifically for

the Gentiles, If that's your question.

Q. Yes.

A. I don't recall that being an issue at all.

Q. In fact, the first time he told you about

Chaplain Denise is on March the 7th, your second

interview?

A. Actually Ihink he originally told that to

Officer Yuen, If my memory serves me correct.Q. But to··

A. Yes, sir.

Q, Was March the 7th?

A. Yes, sir.

Q. If I asked you this already, Iapologize.

Tell me if I did, He didn·t mention on March the 7th

either that he worked for the Gentiles as a handyman on

their properties?

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1 A. Idon·t recall that coming up or being an 1

2 Issue. no. 2

3 Q. And on March the 7th in the second 3

4 Interview when you gave him back the notes, he didn't 4

5 tell you that Chaplain Denise was actually Denise 5

6 Gentile? 6

7 A. Yeah. I think we Just talked about that 7

8 before the lunch break. 8

9 Q, Did it raise a red flag to you when you 9

10 listened to the 911 call •• I should back up and let me 10

11 ask this again. 11

12 When Kyle Brennan made a call to the 12

13 Clearwater Police Department, I'm confused on the date 13

14 that he made It. I have In my file by looking at your 14

15 file, February 5th, February 6th or February the 7th. 15

16 Can you tell me what Is the date? 16

17 A. Give me a moment and I'll be glad to. 17

18 Q. I do have one reference and a date. That's 18

19 on Page 30 of Exhibit 1 which says February 5. I'm 19

20 sorry. Page 20 of Exhibit 1, and It's your entry of 20

21 March the 12th. 21

22 A. f know it's written on the original CD. but 22

23 that's not gOing to help us right now because I have a 23

24 copy. and the original Is In evidence. It was actually 24

25 written by the operator and the cops on the date and 25

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time that he came in. That's not going to work. I can 1

find It, I know I have it. 2

Q. If you would. Page 20 talks about the call 3

being on February 7. 4

A. Right. I'm trying to confirm that. 5

Q. I think I have it - somewhere else I see 6

February 5 I think? 7

MR. FUGATE: On Page 19. It's what 8

apparently Scott tells Detective Bohling that the 9

records show the call was made on - 10

BY MR. DANDAR: 11

Q. Right. right there. 12

MR. FUGATE: On February 5. 13

BY MR. DANDAR: 14

Q. Fifth, yeah. 15

A. I mean I can look through every document 16

that I have to confirm that and I'll be glad to. 17Q. Let me ask you this. Is there just one 18

phone call? 19

A. Yes. 20

Q. That was the eight-minute phone call? 21

A, Yes. approximately that long,

Q. How do we know the call was made from

HawaII?

A, I can't sit here with any certainty and say

d_d [email protected]

Page 144

definitely it was. By his own admissions in the

conversation he speaks of. that's where apparently he

was at that time.

Q. Is It a 911 call?

A. No.

Q. Is it an administrative office cali?

A. Yeah. U's a callJike maybe a transfer

over to the Clearwater Police Department and let me

speak to somebody. It would go through a tree and go to

a recorded line which It did, but it wasn't a 911 call.

Q. But he's interacting with someone at the

Police Department?

A, One of our communication center operators.

yes.

Q. In that call he says that according to Page

20 of Exhibit i.your note March 12. '07, that he wanted

to place the call in the event that anything ever

happened to him. His family may be trying to harm or

kill him?

A. Correct.

Q. This is before he travels to Clearwater?

A. That's correct. He hadn't arrived yet In

Clearwater. If the time line is accurate. which we

believe It Is, where he was calling from. yeah. he

hadn't arrived here yet,

Page 145

Q, The telephone call that you got from the

Clearwater field office of the FBI. did that come after

you were contacted by Luke Llrot?

A. f honestly do not recall, sir. I don't

know the exact date. I do not remember that.

Q. You said that the Special Agent Mendez of

the FlOridaDepartment of Law Enforcement. the computer

forensic person. could not access a file on Kyle's

laptop because that file was placed on the laptop using

the Bigfix.exe?

A. Yes. I think I said Blg.exe earlier, but

yeah, it sounds familiar to me. whatever.

Q, I'm sure Mr. Fugate will correct me if I'm

wrong. but we took her deposition, And that's what she

said. too. but my question Is this:

The Florida Department of Law Enforcement

can't figure out how to get the software to make Itreadable to them? Did you talk about that with her?

A. I did not. Because this is why I reach out

to people such as her. They're the experts in the

field. and I have full confidence in Barbara. Special

22 Agent Mendez. I have full confidence In her. that if

23 she can't get it. it's not going to be had. So. no. I

24 never sat down and questioned her or her ability to

25 recover that information. Absolutely not.

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Q. So was It Important to you that Scott

Brennan when he Informed you that Kyle·· Kyle Brennan's

laptop computer was accessed within two hours of EMS

arriving at the scene?

A. Yes, Itwas definitely a concern,

absolutely. That·s why I made Ita priority In this

Investigation to get my hands on that computer, and do

what I could to retrieve what needed to be retrieved or

deny what was being said, one or the other.

Q. Doyou have a computer at home?

A. Yes.

Q. Doyou have free Microsoft Works software

on your computer at home, which comes with like most «

A. Yeah.

Q. I didn't see this In any of your

Interviews, but did you ask Gerry Gentile or Thomas

Brennan why dldn·t they simply turn on the computer and

see what was under my documents than going through this

elaborate allegedly copying the flies to a thumb drive

and then putting ItonGerry Gentlle's computer and then

converting It Into a Word document and then printing It

out?

MR. FUGATE: Objection to form.

BYMR. DANDAR:

Q. Why they went through that?

Page 147

1 MR. FUGATE: Objection to form. 1

2 BYMR. DANDAR: 2

3 Q. When they could Just turn on the computer? 3

4 A. I did not ask that. I believe Mr. Gentile 4

5 got into that a little bit. 5

6 Q. He did. 6

7 A. When I spoke with him, yes. He's a little 7

8 bit more computer savvy probably than most of us. But I 8

9 definitely did not get Into It with Mr. Brennan, I did 9

10 not. 10

11 Q. You met Mr. Brennan In person, his wife was 11

12 present. He never mentioned the laptop computer. He 12

13 handed you the notes. The next day you bring the notes 13

14 back. When you bring the notes back, you already know 14

15 there's a laptop computer that Thomas Brennan didn·t 15

16 tell you about. I'm trying to get a chronology here. 16

17 Is that when you confront Mr. Thomas 1718 Brennan and say why didn't you tell me about your son's 18

19 laptop computer? 19

20 A. Yes, I believe It Is. I wanted to know why 20

21 that wasn·t brought up, especially being that I found 21

22 out from the family up north and not him. 22

23 Q. Well, the reason why I ask you that maybe 23

24 is because I don't believe on Page 19 of Exhibit 1 you 24

25 mentioned that you confronted him. But somewhere later 25

Page 148

1 on maybEtyou did when Paul Johnson was involved, I don't

2 know.

3 A. Well, we did. Itcame up in an interview

4 over the telephone that I did.

5 Q. But it didn't come up on March the 7th when

6 you brought the handwritten notes back to Thomas

7 Brennan, correct?

8 A. Well, If we go back to March 7th, 2007, at

9 approximately 920 hours, I met with Thomas and Wendy

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Brennan at 403 Pennsylvania Avenue. At this time I gave

the original handwritten documents back to Thomas. I

then spoke to Thomas about the computer that he had

mailed back to family in Virginia. Thomas advised that

he did not review, remove or alter any flies within

Kyle's laptop computer. Is that the line that you're

referring to?

Q. Right. But when I look at that paragraph,

Itdoesn't read back to me that you said, Why didn't you

tell me about the laptop computer?

A. No. That was done during a live Interview

with him on the telephone later on when his attorney was

monitoring that Interview.

Q. Now, the file that Special Agent Barbara

Mendez from the Florida Department of Law Enforcement

could not access was entitled suspicious activity, is

Page 149

that right?

A. That's correct, that's what I was told,

yes.

Q. And that file according to what you wrote

on Page 28 of Exhibit 1, she said that me was

completed on September 9th of 2007, Just before it was

brought down to Clearwater?

A. Correct.

Q. Would It be Important to you to know that

had the Bigflx file entitled SuspiciOUS Activity been

accessed, would it be important for you to know that

less than two hours after the death was reported a file

had been deleted?

A. Yes, It would be Important.

MR. FUGATE: Where do you base that on? Is

that your testimony?

MR. DANDAR: No, it's In his report. MiaBrennan saying the files were deleted.

MR. FUGATE: At Page 28?

MR. DANDAR: No, no. There's something in

here from Mia Brennan saying the file was

deleted,

MR. FUGATE: Right. This is what Mia the

stster-ln-law said.

MR. DANDAR: Right.

July 12, 2010

38 (Pages 146 to 149)

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Page 150

1 MR. FUGATE: But we cannot find any 1

2 evidence of that. 2

3 BYMR. DANDAR: 3

4 Q. Right. Unless you were able to access this 4

5 suspicious activity file? 5

6 A. Right. But the suspicious activity file 6

7 was created by Mia as best as I can understand. Because 7

8 she moved a group of things that she thought was 8

9 suspicious, but there is no indication of that, only 9

10 other than what she says that things were accessed or 10

11 deleted. If it was the case, if it was accurate, sure, 11

12 I'd want to know about that. 12

13

1 4

15

Q. Okay. The Scott Brennan deposition was

taken?

A. Okay.

Page 152

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1 4

15

under 790.17, the statute would apply?

MR. ALVAREZ: Objection to form.

BY MR. DANDAR:

A. Yeah. I'm not aware that that would be the

case or not, and we don't know if he's of unsound mind

or not. I'm not a doctor or any of those things like

that. Ails I know Is that this was the specific statute

that came the closest to anything in this case, and I

reviewed It to see if it would apply, It does not, It

does not meet the minimum criteria In this case,

Q, Tell me why In your opinion.

A. Because Kyle was 20 years old when this

incident happened at the house.

Q. Anything else?

A. We cannot determine what his mind, what his

16 Q. By the Church of Scientology. In that

17 deposition Scott Brennan said that she took with this

18 Bigfix software she was able to take a snapshot of what

19 you look at when you look at the computer, they can

20 snapshot It and put It Into a file. And that·s how

21 that, plus the fact that they couldn·t connect when they

22 clicked on the file to open it up, the path was gone.

23 Within her experience, according to Scott

24 Brennan, that meant that the file was deleted,

25 MR. FUGATE: Are you testifying again? I

16 frame of mind or whether sound or unsound. That can't

17 be determined.

18 Q. What Is your understanding of why Thomas

19Brennan wanted Gerry Gentile to access Kyle's laptop

20 computer?

21 A. Actually I think we covered that earlier

22 before lunch, but It was my understanding that they

23 wanted to see if there was anything left similar to the

24 suicide note or any explanation to explain why Kyle did

25 what he did. I think that was what he was looking for

Page 151

1 object if you are.

2 BYMR. DANDAR:

3 Q. So with that Information, would that kind

4 of information have been Important to you when you were

5 doing this Investigation?

6 A. I think as I stated earlier that was the

7 original allegation. I Immediately got onto the matter

8 once the computer was brought back to us to find out if

9 that was the case or not. To this day I'm not able to

10 prove that that·s the case, that it's ever been deleted.

11

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Q. Now, on Page 22 of Exhibit 1 you informed

Victoria Brennan on the telephone that when you review

In your opinion Florida Statute 790.17, It Is a crime to

furnish a weapon to a person of unsound mind. Is that

correct?

A, This Is verbatim from the statute, yes,

sir.Q. Then you made the conclusion that the

statute did not apply because no one gave the gun to

Kyle Brennan?

A. No, not necessarily. It was based on his

age as well. He was 20 at the time of this incident.

The statute clearly marks It as 18 years of age or under

the age of 18.

Q. But if he was a person of unsound mind

Page 153

1 was some closure in that fashion to see If there was

2 anything documented In the computer, being that there

3 was nothing in writing laying around,

4 Q. On Page 32 of Exhibit 1 - well, let me -

5 I Jumped ahead of myself, sorry. When you tried to

6 Interview Mr. Thomas Brennan the third time, that·s when

7 Paul Johnson got Involved, correct?


9 Q. And you started to contact attorney -

10 well, when did you find out that Paul Johnson was

11 Involved?

12 A. Iknow It was one of my calls where I spoke

13 with Luke Llrot the same day that Ihad gotten notified

1 4 that Mr. Johnson was representing Mr. Brennan.

15 Q. I'm sorry, Idon·t have that page number

16 for us to get us quicker there.

17 A. This may help us out on Page 20. Maybe18 not. They might have already been notified. I take

19 that back. Prior to November 2nd of 2007, I know that.

20 Q. That's right. So at least we know as of

21 November 2nd of 2007 you were trying to arrange an

22 Interview with Thomas Brennan, right, and that was

23 specifically about Kyle Brennan's computer?

24 A. That's correct. I wanted to talk about

25 that. That·s accurate.

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P a g e 154

1 Q. From November the 2nd your voice mall to

2 Mr. Johnson, you didn't gat a return until November the

37th, correct?

4 A. That Is accurate, yes, sir.

S Q. And Mr. Johnson left a voice mall on your

6 phone saying that, quota, "a friend of Thomas Brennan

7 had accessed Kyle Brennan's computer In an eHort to

8 locate any potential suicide letters."

9 A. That's what's In my report, yes, sir.

10 Q. No mention of Gerry Gentile, correct?

11 A. Not from the attorney, no, sir.

12 Q. You finally connected with Mr. Johnson,

13 Paul Johnson, the attorney on November 8th of 2007?

14 A. Correct.

15 Q. At that time Thomas Brennan had now moved

16 from the Pennsylvania Avenue house to a residence In New

17 York?

18 A. That's what Iwas being told.

19 Q. And Just because of his scheduling and your

20 scheduling, such as your scheduling for training,

21 whatever appointment you had, November 15had to be

22 continued? Am I looking at that correctly?

23 A. That·s accurate.

24 Q. Mr. Johnson did not get back to you until

25 November 26th of '077

P a g e 155

1 A. That's correct, That starts my next 1

2 supplement. 2

3 Q. Then finally on November 28, '07, there was 3

4 a telephone attempt for an Interview, but not from your 4

5 phone, you couldn't do a three·way; Is that how I read 5

6 that? 6

7 A. Yes, that's accurate. We have a pretty 7

8 elaborate system In the police department, and it wasn't 8

9 .. every time we would try and make that happen, 9

1 0 somebody would get hung up on. I felt It was crucial to 10

11 try and have this specific one recorded so we did 11

12 whatever we could to make ithappen. 12

13 Q. Now, this Is the third Interview of Thomas 13

14 Brennan, right? 14

15 A. Yes, 15

16 Q. This takes place on November the 28th of 16

17 '07, Page 30 of Exhibit 1? 171 8 A. Uh·huh. 18

19 Q. And these notes again are notes that you 19

2 0 wrote down as you're interviewing Mr. Thomas Brennan? 20

21 A . That's correct. 21

22 Q. And this a recorded Interview so we can get 22

23 a copy of that voice recording or is this not a recorded 23

24 Interview? 24

25 A. Well, I thInk If we read up here, we'll go 25

P a g e 156

1 through the cell phone report. It's important to do

2 that. I was not able to utilize the three·way call

3 functions from the communications center telephone

4 system. Attorney Johnson had arranged for the three·way

5 call via his oHlce, at which time Iwas connected to -

6 you have the numbers blocked out.

7 Q. Right. What Is that number? You don·t

a have to tell me, but do you know whose number It was?

9 A. I'd have to look on mine, obviously, but

10 you guys have it blocked out on yours. It's not blocked

11 out on mine.

12 Q. Well, I'd like to know what it is. I want

13 to know - this Iswhat Iwant to know. Iwant to know

14 what the phone number Is -

15 A. I'm sorry, it was records that blocks It

16 out. Iapologize. They have to redact it,

17 Q. Iwant to know what phone number it is,

18 though.

19 A. You want to read this out Into the record,

20 15 that okay?

21 Q. Yeah, that·s fine.

22 A. "1 1 read It from my report. "On

23 11/2812007 at 1100 hours I mada telephone contact with

24 Attorney Johnson and Thomas Brennan. However, I was not

25 able to utilize the three-way call function from the

P a g e 157

communications center telephone system. Attorney

Johnson then arranged for the three-way call via his

office, at which time I was connected to Thomas

Brennan's telephone number of 718·207·0459 and Attorney

Johnson's telephone number of 813-258·0087. I then

conducted the Interview with Thomas Brennan at which

time he advised me of the following Information." And

then we go Into the Interview,

Q, So are these redactions automatic or did

someone intentionally go in there and try to like

eliminate the name of Thomas Brennan as tho one being

Interviewed?

A. No, of course not. I mean, come on.

Q. I know, but I'm saying how does that work?

A. Actually Miss Heller reminded me and I

appreciate that. When you make a public records request

through our records section, there are certain thingsunder Florida law that can be redacted out of the

report. And that was redacted out by records, I would

assume, prior to turning It over as part of discovery,

This wasn't something that I said make sure you cross

out that number or anything like that or anybody else,

but thIs goes on every day.

Q. I'm not saying that. That·s what I want to

hear, okay.

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Page 158

1 A. They redact It out. 1

2 Q. Now, how unusual was It for you not to be 2

3 able to make a three·way call from the communications 3

4 center system? 4

5 A. It Is what It Is. In my 19 years In this 5

6 business anything could go wrong at any time. It 6

7 doesn't - it doesn't surprise me In any way, shape or 7

8 form, It frustrated me, It upset me, but at that point 8

9 in time I had people hanging on, let's get this thing 9

10 going so I made a call to do what I had to do. 10

11 Q, Had the call been made from the three·way 11

12 call function of the communications center at the 12

13 Clearwater Police Department, would that call have been 13

14 recorded? 14

15 A. Yes. That was my whole purpose for doing 15

16 It. That's exactly why I stated that in my report, yes, 16

17 Q. Again, this was typed here as the narrative 17

18 of the third phone call conference with Thomas Brennan, 18

19 These are from your notes that you took as the call was 19

20 going on? 20

21 A, That's accurate, 21

22 Q. Those notes are now destroyed? 22

23 A. That's accurate. 23

24 Q. Because you typed It up? 24

25 A, That's accurate, 25

Page 159

1 Q. So in this call he said the first contact 1

2 he made was to Chaplain Denise Gentile, correct? 2

3 A, That Is correct. 3

4 Q, After he discovered his son's body, right? 4

5 A, That after Kyle was located within the 5

6 apartment, he did first contact his Chaplain Denise 6

7 Gentile because he was very distraught over his 7

8 findings. 8

9 Q. This Is the first time we learned of the 9

10 last name of Chaplain Denise? 10

11 A. I can't be sure of that. I don't know if I 11

12 knew of the last name of Denise or not. I just can't be 12

13 sure of that right now. 13

14 Q, Then he Immediately contacts 911 to report 14

15 the Incident after he speaks to Chaplain Denise Gentile, 15

16 correct? 16

17 A, That's correct. 1718 Q. Then he says he may have turned on Kyle's 18

19 computer post Incident in an effort to search for any 19

20 Indications of a suicide letter. So this Is the first 20

21 time Thomas Brennan is telling you that he turned on the 21

22 computer, Kyle's computer? 22

23 MR. ALVAREZ; Objection to form. 23

24 MR. DANDAR; What·s wrong with the form? 24

25 MR.ALVAREZ; You misled him. He said he 25

d_drp [email protected]

may have turned it on and your question was more

definitive in terms of that. He did turn iton.

It's very misleading.

BY MR. DANDAR;

Q. This Is the first time that Thomas Brennan

tells you that he may have turned on Kyle's computer

post Incident?

A . And I stand by what's In the report, It's

documented.

Q. That's the word you used, "may," correct?

A . Correct, yes.

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Q. Then you have •• there's a space here. Is

that did not attempt to access any flies? What name is

there? Who did not attempt to access any files as he

was not computer literate?

A. I don't show anything. I'll read what I

have verbatim.

Q. Go ahead, just start with the first ••

A . That he may have turned Kyle's computer on

post incident in an effort to search for any indications

of a suicide Jetter. However, he did not attempt to

access any files as he is not computer iIIiterato (sic).

Q. The word missing is he In front of did not

attempt?

A. Yeah, I don't know why.

Q. If he turns on the computer and then he

tells you ho didn't attempt to access any files, did

that seem strange to you?

A . I don't know if I understand your question.

If he turned tho computer on and he didn't attempt to

access any of tho flies?

Q. Yeah. How do you not attempt to access any

files if you know how to turn on a computer?

MR. ALVAREZ: Objection to form,

BYMR. DANDAR:

Q. I mean does that seem strange?

A. No, I'm just trying to figure out the

question that you're asking me because I don't know if

it was put on hero any time that he said that he

actually turned it on unloss-

Q. He may have turned on Kylo's computer?

A, Right, he may have. So that's why I'm alittle confused. I'm not sure about-

Q. Let's assume that when he said he may have,

he actually did, let's just assume that.

A. I don't like to do that in an

Investigation. It's not protocol.

Q. If he turned on the computer, does It make

any senso that he didn't try to access anything?







Page 162

1 BY MR. DANDAR: 1

2 A. That's not for me to say. I don·t know the 2

3 workings - the inner workings of Mr. Brennan and what's 3

4 normal and not normal for him as compared to anybody 4

5 else. I just don't. 5

6 Q. All right. Now It says that Gerry Gentile 6

7 received the laptop computer from his stepdaughter 7

8 Taylor and that on an unknown date he printed out some 8

9 files for Thomas Brennan. I'm paraphrasing. 9

10 A. I'm just trying to see exactly where you're 10

11 at, because I don't want to paraphrase. I want to see 11

12 It lIke it is. 12

13 Q. I'm Iike six or seven lines down from where 13

14 we were. 14

15 A. Are you saying that on February 18, 2007, 15

16 Gerry Gentlle's daughter Taylor? 16

17 Q. Right. 17

18 A. Came to the apartment on Cleveland Street 18

19 and took custody of the computer so to bring it to Gerry 19

20

21

22

23

24

2 5

Gentile. In quotes or in parenthesis I have, Brennan

was not sure as to why Gentile's daughter picked up the

computer Instead of Gerry Gentile picking up the

computer himself, end of parenthesis. Is that the same

line we're on?

Q, No, I've got one more to go.

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Page 164

20

say that during the interview with Mr. Gentile he

reall:z:edthat as soon as what happened as I stated In my

report, that there was going to be questions asked. He

made that clear to me as you can see in the Interview.

Q. We'II get there in a second. Would you

agree with me that the biggest reason you took this

third interview with Thomas Brennan was to find out why

he, In my words, concealed the fact that there was a

laptop computer belonging to Kyle Brennan?


BYMR. DANDAR:

Q. And the prior interviews?

A. That was definitely one of the reasons why

I wanted to get with him a little bit more about this

computer and try and put this to rest.

Q. So you pointedly asked him why he dldn·t

tell you about the laptop computer when you specifically

asked him on March the 7th of '07 - am I reading that

right?

A. I'm not sure where you're reading from,

21 sir,

22 Q, Why don't you just read that out loud, this

23 entry here?

24 A. That these mentioned documents were

25 provided to me on March 6, 2007 when I met with him at

Page 163

1 A. The next line, that Gerry Gentile then 1

2 reviewed the computer on an unknown date and located and 2

3 printed some files out for him. 3

4 Q. Okay. All right. Now, when you're 4

5 interviewing Thomas Brennan here for the third time, did 5

6 you ask him any question as to why Gerry GenUlewould 6

7 not only have printed out these documents, but hewould 7

8 have made a copy for Gerry Gentile? 8

9 A, I don't recall asking him that 9

10 specifically. 10

11 Q. The fact that Gerry Gentile made a copy of 11

12 what he handed over to Thomas Brennan, does that seem to 12

13 raise a red flag to you? 13

14 A. No, because I can't be sure if Gerry made 14

15 those copies or that's the copies that he provided to 15

16 Thomas. As I sit here today, I can't be 100 percent 16

17 sure that Gerry, you know, made his own copies for his 17

18 own flies. I'm just -I think what he did is he made 18

19 copies for Mr. Brennan, if that's the point you're 19

20 getting at. 2 0

21 Q, No, What I'm getting at Is when you 21

22 interviewed Gerry Gentile, he brought copies with him 22

23 that he said he made for himself? 23

24 A, Idon't recall - he could have said that, 24

25 but I don't recall him saying it for himself, but I will 25

Page 165

his residence on Pennsylvania Avenue In Clearwater.

Q, Stop. Why do you have two asterisks In

front of and behind the word "note"?

A. It's Just to show attention to a special

note that "m going to make after the sentence.

Q. Okay, all right. Goahead.

A. Then something Is blanked out, but I

advised, blank. I don't know what yours says. I can

probably fInd It on mine now.

Q. Read from yours, that·s fine.

A. Okay, That these mentioned documents were

provided to me on March 6, 2007 when I met with him at

his residence on Pennsylvania Avenue In Clearwater. Let

me get back to the note. "I advised Brennan that he had

provIded me with several documents on March 6,2007.

However, he did not provide these computer-retated

documents to me on March 6, 2007. or March 7, 2007, when

I returned to the residence to provide the original

documents to him. Brennan then apologl:z:edand advised

that he thought he had provided the cemputer-related

documents from Gerry Gentile to me."

"I then Inquired as to why Brennan did not

tell me of the fact that Gerry Gentile had accessed the

computer after I specifically asked him on March 7th,

2007,If he had accessed Kyle's computer. Brennan

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1 advised that he did not recall me asking him the 1

2 specific question, and, again, apologized for any 2

3 misunderstandings." 3

4 Q. Now, this Is like 20 days after his son's 4

5 death, am I right? I think March 7 Is? 5

6 A, I'd say approximately. 6

7 Q, I mean he wanted to provide you with all 7

8 these handwritten notes of Kyle's, He already had 8

9 possession since February 18th of the computer-generated 9

10 documents that Gerry Gentile gave him, and all he says 10

11 is he doesn't remember you asking him Ilbout It. 11

12 A. That's the response he provided, yes, sir. 12

13 Q. Well, that wasn't an adequate response, was 13

14 It? 14

15 A, It's the response that he provided. 15

16 Q. Did that raise any red flags? 16

17 A. It was concerning at that time, but again 17

18 going back to looking at the totality of the 18

19 Circumstances, when you look at everything and not Just 19

20 these specific things that you speak of now, U's not 20

21 going to change anything basad on what we know now. 21

22 Q. Now, Isn't It true that later on you found 22

23 out from the family up north that this laptop computer 23

24 was used by Kyle Brennan In college, In his English 24

25 classes and that all the papers he wrote were on this 25

Page 167

1 laptop computer, that you either got from Scott or Mia 1

2 Brennan, that he had all kinds of documents that he 2

3 requested or wrote on this laptop computer, and all they 3

4 produced to you after Gerry Gentile gets It are three 4

5 documents? 56 A, Well, I believe Mia spoke of that, That, 6

7 you know, he was a very good writer, and he used to 7

8 document a lot of things that he did. I do recall that 8

9 comment Ilbout - and there was some concerns about where 9

10 are all these documents, all the stuff that he's done. 10

11 If that answers your question. Who am I to say If those 11

12 writings were actually there like Mia told me. Just 12

13 like what everybody else Is saying, Is that true, the 13

14 family, the mom, the dad. You questioned me Ilbout what 14

15 Mr. Brennan said and do you find that odd, Ilny red 15

16 flags, We could be here for three days talking about 16

17 red flags. I can only put In my report what was told to 1718 me to the best of my ability and then follow It up to 18

19 the best of my ability. I may never be able to prove If 19

20 35 documents got deleted out of that computer. I'm well 20

21 aware of that. 21

22 Q. Well, can we confirm today that the only 22

23 documents you got from Gerry Gentile are three 23

24 documents? 24

25 A. Everything that Gerry Gentile handed over 25


to me is listed in my report and U's available for

review, Everything that he gave me and the interview

and it's all on tape, on video, Him physically handing

It to me. It's all there. There's nothing to say that

anything was held back.

Q. But there's only three documents, right?

A. Yes.

Q. I'm not saying you're hiding anything. I'm

Just saying -

A, I'm not getting it that way, I just want

to make sure it's on the record,

Q. He produced three documents and only three

documents?

A. Thllt's correct.

Q. All right. It says here on your third

interview of Thomas Brennan that he mailed Kyle's laptop

computer back on February 26th or 27th?

A. That's correct. That's accurate in my

report.

Q, However, Miss Mende:!: says the computer of

Kyle Brennan was accessed on February 18 and from the

statements you took that was Mr, Gerry Gentile accessing

it, It was also accessed on February 21 and February 24

before it was shipped back on February 26.

Did anyone ever tell you who, what and how

Page 169

and why the computer of Kyle Brennan was accessed on

February 21 and February 24?

A. No. I don't know who accessed It during

that time.

Q. The next thing that I believe that comes up

in your report that I want to ask you about Is your

attempts to contact Gerry Gentile.

It took you quite a while to finally sit

down with Gerry Gentile and Interview him, correct?

A. Yes, It did.

Q. You started to make your contact I believe

on Page 32 of Exhibit 1 on February 28, 2008, at 5:35

p.m,?

A. That·s accurate.

Q, Mr. Gerry Gentile, You even asked Attorney

Paul Johnson to call up Thomas Brennan to get Thomas

Brennan to get ahold of Gerry Gentile, Is that right?A, Yes, that's correct,

Q, You even went to Gerry Gentile's house and

left your business card. What did you write on the

business card?

A, Just to please contact me.

Q. It said Clearwater Pollee Department,

right?

A, Yeah, My business cards say that with my

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1 1name on It. Q. When you got back?

2 Q. You did that on March the 27th, a month 2 A. Correct.

3 later, after on March 10 you make contact with Attorney 3 Q. Not that there would be a meeting then?

4 Paul Johnson. There were two vehicles in the driveway 4 A. Right.

5 of March 7th of '08 when you left your business card, 5 Q. So when you get back in your office on May

6 right? 6 28, your report doesn't show, and correct me If I'm

7 A. Yes, sir. 7 wrong, from May 28 you don't have anything In this file

s Q. And you called Paul Johnson again on April 8 until you receive a call from Paul Johnson, the

9 the 1st, again saying you needed to talk to Gerry. You 9 attorney, on June 25?

10 called Gerry, his number, on April the 1st, and when did 10 A. That·s correct.

11 you finally get any connection with - let me see if I 11 Q. And Mr. Johnson unfortunately is ill and

2 have It written down here so I don·t have to ask you 12 can't practice law anymore?

3 these questions. 13 A, That·s accurate.

14 MR. FUGATE: Page 35. 14 Q. And he doesn't need to be involved, and he

5 BYMR. DANDAR: 15 says go ahead and call Thomas Brennan one on one if you

16 Q. You start on February 28th and you don't 16 need to?

17 actually get to meet him until - yeah, Page 35 - until 17 A. That·s correct.

18 July 13th? 18 Q. All right. On July 8 you try again to

19 A, Right. Well, actually according to this on 19 contact Gerry Gentile. My question Is did you try to

20 my report, Page 34, I received a voice mail message from 20 contact him after May 28 but before July 81

21 Gerry Gentile. Itwas dated and time stamped from May 21 A. No, Idid not.

22 7,2008, at 1214 hours. Within the message Mr. Gentile 22 Q. He did call you back the next day on July

23 requested that Icontact him, and he left a number for 23 the 9th, correct?

24 me to call him at. Then I did that on May 7, 2008, 24 A. He did.

5 approximately 1238 hours. 25 Q. You finally made contact with him on July

P a g e 171 P a g e 173

1 Q. So eight minutes later he called you back? 1 the 9th and he agreed to come down and he came down on

2 No, you called him again? 2 July 13 as agreed to, correct?

3 A . Icalled him back. 3 A. That Is correct,

Q. That's right, He left a voice mail, okay. 4 Q. Now, we have an Interview that you

5 A. I did speak with him on the phone, and I 5 conducted with Gerry Gentile at the pollee station on

6 advised him that Ineeded to Interview him regarding 6 video?

7 this investigation, 7 A. That·s correct.

S Q. But at this time you said that you're going 8 Q, And he dldn·t know Itwas being videotaped?

9 to be out of the office until May 28? 9 A. I never did tell him outright that It was.

10 A. That's accurate, yeah. 10 Q. Well, you don't have to?

11 Q. So you made arrangements for him to meet 11 A. I'm not obligated to, no.

12 with you at the District 2 station on May 28? 12 Q. All right. We already talked about this

13 A . That is correct. 13 where Gerry Gentile first says that he and his wife went

14 Q. But he didn't show up then? 14 down to the apartment?

15 A , I'm sorry. 15 A. Well, If I recall when we spoke about It, I

16 Q. He did not show up then on May 28? 16 don't think he ever said me and my wife. He said we.

17 A . Let me confirm that. No, I think I - and 17 Q. He said we.18 I might have misspoke there. I told him I would be out 18 A. And then Ikind of questioned It a few

19 of the office until the 28th. I advised Gentile that I 19 sentences down, and said Itwas I meaning him, but I

20 would contact him after the 28th so that arrangements 20 never heard him say he and his wife went down together.

21 could be made for us to meet me at the District 2 21 Q. You Just used the word, on Page 40 of

22 station for the interview. 22 Exhibit 1we went down?

23 Q, I'm the one that misspoke this time. You 23 A. That·s accurate.

24 said you would contact him? 24 Q. And then later on you picked up on that «

25 A. Right. 25 well, not later on, like two seconds later.

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4

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6

7

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10

11

12

13

1 4

1 5

1 6

1 7

18

19

20

21

22

23

24

25

A. Well, I think we talked about It. I can't 1

sit here and say for sure, eh, my God. I can't be sure. 2

It's too long ago, but obviously I came back and I 3

checked the question. 4

MR. FUGATE: It would be correct, he says 5

she said why don·t we go down there and see what 6

to do because he was in grief and crying. And 7

then you asked him, meaning the apartment I took 8

it, did she go there and he said, no, only I 9

went, correct? 10

THE WITNESS: Right. 11

MR. FUGATE: Just so we know where we are. 12

BY MR. DANDAR: 13

A. What page is that on the interview, sir? 14

MR. FUGATE: 40. 15

Q. Yeah. At the middle of that page Is where 16

It starts? 17

MR. FUGATE: What I referred to is up near 18

the top where he's saying what his wife said to 19

him, to Detective Bohling in the interview. 20

BY MR. DANDAR: 21

Q. Right. Denise Gentile, according to Gerry 22

Gentile, Is saying so it goes why don't we go down 23

there. He's saying that's what his wife said? 24

A. Right, I have that. 25

Q. No, no. It·s on Page 42, though. Let·s

see if I can find it. If these were - get them to

number the lines, It would be much easIer like the Court

Reporter does.

MR. FUGATE: U's almost down at the

bottom.

BYMR. DANDAR:

A. I'm there now. I asked him, "Any specific

reason that you would know why Tom would call your wife

first prior to contacting anybody else?"

Hili response was, "umm, , guess Just

friends, 'mean, as far as Iknow, , mean, , don't know

what Tom's group of friends really are because I-I

don't think he's come from this area,"

Q. OnPage 43 you ask Gerry Gentile: Doyou

have any knowledge that Is Denise like a chaplain? And

he answers, No. I guess he Interrupted your question

because It looks like you continue on by saying Is she

like a chaplain to - like a chaplain to Tom or a person

that Tom would contact because she's a church member, or

whether he trusts her or there's some type of protocol,

, don't know, but is she a chaplain to him to -

Heanswers, Idon't think so.

BYMR. DANDAR:

A. That's his response.

Pa ge 1 7 6

P age 17 5

1 Q. Then you come down and It says, yeah, so we

2 went down there?

3 A. Correct,

4 Q. Then you pick up on that and just a few

5 lines below that you asked him If ..and you went with

6 your wife. He said, no, Just me?

7 A, Correct,

8 Q. When you asked him, Why did Thomas Brennan

9 call Chaplain Denise first and not 911, Gerry Gentile on

10 Page 42 answers, I don·t know. And this Is an accurate

11 transcription, right?

12 A. This Is taken directly from the recording.

13 Q. You don't do this, do you? A secretary

14 does this, right?

15 A. We have a service that we actually .. does

16 that for us.

17 Q, All right, On Page 42 ..18 A, I don't think I answered the previous

19 question yet that you had. And I'm trying to remember

20 what it was ..

21 Q. You asked him why did Thomas Brennan call

22 Denise Gentile first, and he answered I don't know. You

23 want me to find that on here?

24 A. I thought you were pointing it out already,

25 I was Just going to ask you ..

Page 177

1 Q. It then goes on to say about a chaplain.

2 He says, I'm not even sure what that means?

3 A. That's correct, that's what he said.

4 Q, Now, we come down on Page 44 of this

5 Interview where Gerry Gentile is saying .. by the way,

6 when you Interviewed Gerry Gentile, Is he under oath?

7 A. No.

B Q, Was Thomas Brennan under oath?

9 A, No,

10 Q, Was Denise Gentile under oath?

11 A. No.

12 Q. Am I correct In saying that it's more

13 serious if you lie to a police officer Interviewing you

14 than If you lie under oath?

15 A. I think it's safe to say that it's

16 definitely more serious If you lie under oath. We don't

17 put people under oath out on the street when we do our18 investigations. If you go to a State Attorney's Office

19 Inquiry and you're put under oath and you lie, you'd

2 a probably catch more heat than you would if you lied to

21 me. I think that's a fair assessment to say. Because

22 they put you under oath all the time down there. Just

23 like I am today. If It's found out that I'm under oath

24 and I blatantly lied about something. I could probably

25 go lie to an officer down the street and not catch half

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1 the heat that j'd catch for lying in something I1ke

2 this.

3 Q. At the top of Page 44you're giving Gerry

4 Gentile another opportunity to explain or answer the

5 Inquiry that you're making about Thomas Brennan calling

6 Denise his Chaplain. So Officer Yuen to you on more

7 than one occasion at least, possibly two. You're asking

8 him to about, what is it, the fourth line down where It

9 says, "And, you know, Tom himself as told us, yes, Idid

10 contact Denise, ~ut there was some mention of possibly a

11 chaplaIn or somethIng to that effect, and Iagain -

12 I'll probably ask Denise that as well. And his answer

13 is yeah.

14 MR. FUGATE: Objection to the form If that

15 was the question.

16 BYMR. DANDAR:

17 Q. No, that's not the question yet. I guess

18 the video would give us more context than just trying to

19

20

21

22

23

24

25

read It off a piece of paper. Where he's answering yeah

to the statement that you made before that? 20

A. That's correct. That would be the best way 21

to go. 22

Q. So In this part of this where I just read 23

you're advising him that Thomas Brennan has called her a 2 ·4

chaplain, his chaplain? 25

Page 179

1 A. I guess you can take it that way. And, you

2 know, Tom himself has told us, yes, I did contact

3 Denise, but there was some mention of possibly a

4 chaplain or something to that effect, Yes.

5 Q. Now, he says on Page 44 that he had to call

6 Victoria Britton, and I don't think he uses her name at

7 the bottom there of Page 44, He couldn't dial the

8 phone, Itwas in his hands so he had Gerry Gentile do

9 it, I am at that point, yeah, Isee where you are now,

10 Q, Because he was too distraught and upset?

11 A, Yes.

12 Q. But if we turned the page on Page 45, all

13 of a sudden Tom Brennan Is able to call up his sister

14 and another relative without the aid of Gerry Gentile.

15 Does that seem a little odd to you?

1 6 A. No, It does not.

17 Q. Why?

18 A, It Just does not. I can't comment on the

19 actions of a gentleman that will do or not do things

20 after experiencing a tragic event like this. Is it

21 something you look at? Yes. Again, looking at

22 everything In an Investigation, totality of the

23 circumstances, but that In Itself, it's not raising any

2 4 red flags to me.

25 Q. On Page 45 Gerry Gentile says the laptop

Page 180

1 was actually at his house, Gerry's house, on Saturday,

2 Saturday being Febn.lary 17. Doyou see that? At the

3 bottom. It says so the laptop got dropped off somewhere

4 at my house. It was on a Saturday. Why did you ask him

5 "do you feel comfortable with that?"

6 A. I thInk I just wanted to try and be sure

7 that he felt comfortable giving me that day that he

8 actually received the computer, considering everybody

9 was very much concerned about this computer, and where

10 It had been and the things that were alleged to have

11 been done to it. This is the guy that actually had the

12 computer Ielt that itwas comfortable, do you feel-

13 I thought Itwould be an advantage for him to feel

14 comfortable, yes, I definitely had it on that day or I

15 didn't.

16 Q. And he actually saId that - he wrote down

17 the date or the day?

18 A. Yes.

19 Q. OnPage46 Gerry Gentile tells you that

when he opened up My Documents on Kyle's laptop, there

were only three to four documents there, correct?

A. I'll try to find exactly what I said once I

find It here.

Q. It looks like It·s the last quarter of the

page down. "So Iwent into My Documents directory?"

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Page 181

1 A. Doyou want me to read It Into the record?

2 Q. Sure, go ahead,

3 A. Mr. Gentile responded by saying, "So I went

4 to the My Documents directory, you know, saw there were

5 some flies there. Wasn't many, It was like three or

6 four, and then there were some pictures and that kind of

7 thing. And I noticed that the files, uh, were there. I

8 think three files there and they were In a program

9 called like Microsoft Works. So it's just like a - a

10 Word document program. What I was attempting to do Is

11 just take the files and open them and print them. The

12 laptop didn't have a printer driver to connect to my

13 kind of printer," end of that quote. Doyou want me to

14 continue to go on?

15 Q. Well, let me ask you this, other than just

16 reading what's typed up here. Is It your understanding

17 that he opened up the computer as he says on the bottom

18 of Page 46, the wrong file format was there, he went to

19 convert it, he put In a thumb drive. Now I need to stop

20 you. What was your understanding? Did he try to

21 convert the Works file on Kyle's laptop computer or dId

22 he try to convert It after itgot onto his computer?

23 A. It was my understanding when he used a

24 thumb drive he was trying to extract that information

25 onto the thumb drive, so he could actually have II





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P a g e 182

1 version that he could print off with his own printer

2 drive. Apparently hewasn't able to doi t off the

3 computer direct.

4 Q. So It didn't havea print driver?

5 A. According towhat he tells me. I don't

6 know that for sure, but extract that Information onto a

7 device where he can print It off. U's as simple as

8 that, That's what I understand.

9 Q. Is It your understanding after, you know,

10 with Barbara Mendezand talking with Gerry Gentile at

11 this Interview, that what - Gerry Gentile Is the

12 computer guy, and the guy that his company does - well,

13 whatever his company does with computers Dr

14 communications. Gerry Gentile, Instead of copying these

15. three documents fromMicrosoft Works under My Documents,

16 he extracts them from the laptop and transfers them over

17 to the thumb drive that's stuck In the computer, his

1 8 thumb drive? So that they're no longer on the laptop?

19 Is that what happened?

20 A. I don't know that to be the case, sir.

21 Q. Tell me your understanding then,

22 MR, FUGATE: It's In the Interview. He

23 goes through andexplains It.

24 BYMR.DANDAR:

25 Q. I Justwant his understanding because I

P ag e 18 4

1 Q. If you need mo to find It, It·s on page 47

2 of Exhibit 1. First, you asked him at the top: So they

3 just -- they copied and moved it into another spot on

4 the computer on Kyle's laptop. And then he goes the

5 conversion filos that I made so that I could print them

6 on my printor ended up on this memory stick and when I

7 put it back in, my slx-year-old daughter was, you know,

8 doing some stuff with me, she wants to play and that

9 kind of thing, and I just wasn·t paying attention to

10 what I was doing. The flies that I made that were

11 converted I copied onto Lyle's (sic) -- Lyle's laptop by

12 mistake.

13 MR. FUGATE: Kyle.

14 BYMR. DANDAR:

15 Q. Kyle's laptop by mistake?

Page 183

1 read it two different ways.

2 A. I think I answered the question already

3 earlier on. I can't say with any certainty that he

4 removed, quote, unquote, anything from that computer,

5 It was my understanding that he wanted to capture items

6 on that and be able to print it out for Mr, Brennan.

7 And that was the idea of using the thumb drive. To

8 transfer from one place to another so he could print it

9 out using his own printer drivers. It's as simple as

10 that.

11 Q. Have you ever copied a file under My

12 Documents?

13 A. I believe that I have, yes.

14 Q. You copy a file, and can you then paste it

15 Into another drive Just by clicking on that other drive

16 and hit paste?

17 A. I honestly don't feel comfortable giving

18 testimony on somethIng that I'm not proficient at. I'm

19 just being honest. I don't want this to come back to

20 bite me later. When I tell you I am not computer

21 literate, I am not exaggerating. I can get by.

22 Q. On Page 47 Gerry Gentile admits that he

23 erased files.

24 MR. FUGATE: Where do you see that?

25 BY MR. DANDAR:

16 A. I think at first Mr. Gentile did call him

17 Lyle and ho corrected himself and said Kyle.

18 Q. I'm doing the same thing. Now, go down

19 about five lines below that where he says, Yeah, and

20 then I realized that mistake I made so those files I

21 erased. What flies did ho erase?

22 A. Yeah. I don't -- I don't believe that he's

23 reforring to the original flies that he Was trying to

24 accoss. I didn't get that at all.

25 Q. What flies did he erase then?

P a g e 185

1 A. I think what he was meaning is I would take

2 It to understand that he might have doubled It up. He

3 might have actually put it back on there knowing that

4 even by him doing what he was doing, that it's going to

5 be stamped in that hard drive somewhere anyway. That's

6 the way I understood it. I didn't take it as yeah, I

7 erased It. I j ust didn't get that,

8 Q. Then down below a few more lines he says,

9 "So I actually have a copy of everything that was on the

10 computer and the flies that I had put on by mistake. I

11 actually made a copy ofthat." What flies did he put on

12 what computer by mistake?

13 A. I think the files later we actually go over

14 line Item by line Item on the recorded interview, what

15 he provided to me. That's when we get Into the

16 different Kyle's monthly food, battle plan, things of

17

18

19

20

21

22

23

24

25

that nature, which is clearly documented In my report.

Q. Those are Just the three documents, right?

A. Well, I think there's more going down here,

but I listed everything in here,

Q. On Page 29?

MR, FUGATE: Just to avoid the confusion

I'm going to object. As I understand It, this is

a taped interview and the Interview is complete,

and he asks questions and he gets answers and

July 12, 2010

47 (Pages 182 to 185)


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Page 186

1 whatever the questions were, they're recorded and 1

2 whatever the answers were, they're recorded. Is 2

3 that fair of what happened? 3

4 BYMR. DANDAR: 4

5 A. Yes, sir. 5

6 Q. On Page 49Mr. Gentile says, "So weekly 6

7 schedule, Kyle's monthly food and the battle plan, those 78 were the only three flies that I had seen In this area?" 8

9 MR. FUGATE: It doesn't say only. It says 9

10 those were •• It does say on, it says on on mine. 10

11 BYMR. DANDAR: 11

12 A. Yeah. The one you provided says on. 12

13 Q. What does your say, Detective? 13

14 MR. DANDAR: You're correct. My copy 14

15 doesn't say only. It just says "0"and it looks 15

16 like an "n". 16

1 7 MR. FUGATE: I will concede that it's 1 7

18 probably what It says, though. I just saw o-n 18

19 and dldn·t see only, but it probably did say 19

20 only. 20

21 MR. DANDAR: My brain sees only, but not my 21

22 eyes. 22

23 MR. FUGATE: He says that was under My 23

24 Documents. 24

25 MR. DANDAR: Right. 25

Page 188

Page 1891

[email protected]

Q. You're right, I'm sorry.

Icalled her again.

Right. And you state ·.Iet me see. Hold

A .

Q.

on. You did get ahold of her on the telephone on August

the 10th?

A. Idid.

Q. She said she was out of the state, and she

would call you back on the 13th, correct?

A. That Is correct.

Q. She does not call you back on the 13th,

correct? She calls you on the 18th?

A. Actually and Idid not get a call from her

on the 18th directly back. Iactually got a call from

Mr. Fugate. He called me directly,

Q. He called you on the 14th of August?

Page 187

15 you don', ••• " .v.'" once In a whllo you may •• t • 15 the Chu<ch 01Sc'.n'olo.y? No, I wasn" aware ofth ••,

16 cutoff on It, It Just depends on the printer. I'm sorry 16 I am aware that he's been an attorney for a long time,

17 for the delay. 17 and he's done various amounts of work. That I am aware

18 Q. Going on to Page 63. You start calling 18 of,

19 Denise Gentile for an interview on .July 17th of 'OS. Do 19 Q. Did you ever work cases where Mr. Fugate

20 you see that? 63 of Exhibit 1? 20 was an Assistant State Attorney here In Clearwater?

21 A. Yes. July 17, 200S. 21 A. Idon't think Idid. No, I don't thlnk-

22 Q, She doesn't call you back until August the 22 I think you were already into private practice by then.

23 10th of 'OS, Is that correct? 23 Q. Then Mr, Fugate told you he was going to be!

24 A. Actually I made the call to her again on 24 out of the office untll- in the message, the voice

25 August 10. 25 mail he left you he said he will be out of the office!~"" ,~,~!o~~;;:;:""" . ·-.....r ,,-·t~'"" : := . u '~ ' <2 : ' '; : ' '" ' j ; ' " ~ ' , ,.!.;~-~" ~_ ,,;·~+·"~a&.-~·:-P_;- """"~~:;~;~"·~~:_~_r J';;"~-=-~'::: -;;:~"O-"L- ":·,~'~:·~::~:~;;.,:~:; :, ; J; -- ;~ i :_ . , .".~~",," <:;::~ ' ' ' ' 'C< _'' ' ' ' ' ' '2-i '_ 'i.~-':':::':~::' ' ' .\i ' '~;a;:::LC . ... ,.:~/,-:!::;:-;:~r.":"-~ '"""~~';;,:",-;;", ~:;::;_;:-~~'; ~~'- " · , : ,, , ' + - ~ · :: r : . : ;: : _ ' r - ; C , : : ~ _ :" ; ' < : " " ' : ' _ J .' : O ; > 1 " " , " ' . ': ; ' . , ._ : : - " " , - :_ " ~ "~L - :~ ' : ' ::: ,, ;;;; ' ~ :;:~~- " '- ::- o·~

1 BYMR. DANDAR:

2 A. I can't find It now. I would say It's 14

3 pages In from the beginning,

4

5

Q. It's a pretty long Interview,

A. Iguess it would help _.Iwas looking at6 Denise's Interview. I apologize, folks. Yeah, actually 6

7 on my document it says the same. So this weekly 7

8 schedule, Kyle's monthly food and battle plan, those B

9 were the on three files that Ihad seen in this area. 9

10 This is under My Documents. Mine says the exact thing. 10

11 Q, Yours says on, It doesn't say only? 11

12 A, Yeah. 12

13 Q. Could be a typo most likely? 13

14 A. Could be. Usually with the LERS program

A . No. Actually, he called me on the 18th of

July 12 , 20 10

48 (Pages 186 to 189)


7384dd31-424c-4e20-a7dc-e5bbS768a

August. That·s when I..Iake that back. Ireceived

a voice mall from Mr. Fugate on the 18th. He did call

me on the 14th, By the time I got the voice mall and

retrieved It, itwas days later. So It's fair to say I

did get the call earlier than that.

Q. Now, up to this point In time you had no

knowledge that prior to August 14th of '08 Mr. Lee

Fugate was an attorney who represented the Church of

Scientology?

1

2

3

4

5

MR. FUGATE: Object to the form.

MR, DANDAR: What·s wrong?

MR. FUGATE: Idon't think he ever said

that.

MR. DANDAR: No, I'm asking him a question.MR. FUGATE: You asked him that earlier.

Anyway, you can answer. I object to the form.

BYMR. DANDAR:

A. Your question is did I know that Mr.

Fugate-

Q, Was an attorney for the Church of

Scientology?

A. I didn't have any specific knowledge of

14 that, If you're asking did he only represent cases of





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Page 194

1 A. That's correct. I do recall her saying

2 that.

3 Q. She also denies that she's a Church advisor

4 on Page 70, is that right?

5 A. That's correct. Yes, sir.

6 Q. She Just calls her relationship with Thomas

7 Brennan as good friends, right in the middle of Page 70?8 A. Yeah, I'm with you. That's exactly what

9 she said.

10 Q. You did not tell her during this Interview

11 that Thomas Brennan called her his chaplain to Officer

12 Yuen or to you at least twice?

13 A. I did not.

14 Q. She did admit on Page 72 that she did have

15 a conversation with Victoria Brennan a few days before

16 Kyle died, is that right?

17 A. I j ust want to make sure it was a few days.

18 Q. It's down at the last third of the page.

19

20

21

22

23

24

25

A. I know they spoke.

Q. I may have added the few days. I'm sorry.

MR. FUGATE: Or the word admit.

MR. DANDAR: Admit, okay.

MR. FUGATE: Again, the transcript speaks

for Itself what she said and what you asked?

BY MR. DANDAR:

Page 196

1 unquote. And we spoke briefly about It, the various

2 things.

3 Q. Now, In this interview she doesn't tell you

4 that she was recommending that Kyle Brennan go to a

5 Scientology-related company known as Narconon?

6 A. I don't think that came up. Narconon never

7 came up. Not from this young lady.8 Q. She does admit that this phone call to

9 Victoria occurred In February, not In September?

10 A. Yeah. That was the one I Just read out

11 previously.


13 BY MR. DANDAR:

14 Q. And she told you on Page 73 that the phone

15 call to Victoria Britton occurred in, what, she thought

16 it occurred before Kyle Brennan ever got to Clearwater?

17 MR. FUGATE: Well, no. What she says is

18 reflected in the tape, and it doesn't say that.

19

20

21

22

23

24

25

So I object to form.

BY MR. DANDAR:

Q. That's why I asked the question. On top of

Page 73 you ask Denise Gentile: So then It probably at

the time that you spoke with her, then you don't think

Kyle was here yet, but soon after that is when he

arrived? Her answer was, Right.

Page 195

1 A. It does. If I'm reading you accurately, 1

2 are you talking about the very bottom of the page where 2

3 we get into J think Itwas February. It was not in 3

4 September, It was in February. I'm not sure if Kyle was 4

5 here at that time or If Tom already knew that Kyle was 5

6 - had run away from home and It was Just during interim 6

7 talk, I asked her, Okay. So then probably at the time 7

8 that you spoke with her then you don't think Kyle was 8

9 here yetJ but soon after that is when he arrived? And 9

10 Miss Gentile responded by saying, Right, If that's what 10

11 you're referring to, 11

12 Q. That's partly what I'm referring to. But 12

13 in this bottom part of Page 72, why don't you Just read 13

14 that out loud where Itsays, Yes, Tom was concerned 14

15 about Kyle. She says - that's her answer. 15

16 A. Right. Miss Gentile says, "Yes, Tom was 16

17 concerned about Kyle, and he thought that we - 17

18 something should be done. Like he should go somewhere. 18

19 He should get some help. Kyle had told him that he 19

20 wasn't taking anything. There wasn't any drugs. 20

21 Victoria had told Tom that he was on psychiatric meds 21

22 anyways. I didn't know what the situation was, but I 22

23 had just spoken to her about potentially getting I guess 23

24 Kyle help. Actually the way it went was Tom said, 24

25 quote, here's my friend Denise, Talk to her about this, 25

Page 197

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ESTATE OF KYLE BRENNAN, ET AL v . CHURCH OF SCIENTO LO GY, E T AL

7384dd31-424c-4e20-a7dc-e5bb5768a6bc

Oldthat leave you with the Impression that

she spoke with Victoria Britton, the mother, before Kyle

arrived in Clearwater?

MR. FUGATE: Objection to form. If you

read on, you see what she says.

BYMR. DANDAR:

Q. What Is It, something different?

MR. FUGATE: I can't be certain, Just so

you know.

BYMR. DANDAR:

Q. Oh, that's what she said. I can't be

certain, Just so you know.

Well, Detective Bohling, did that answer

leave you with the Impression that she called Victoria

Britton, the mother, before Kyle arrived InClearwater?

A. I can't be sure. I'll have to read the

whole page over now. We're going back and forth and I'm

a little confused to be quite honest with you.

MR. FUGATE: I apologize,

BYMR. DANDAR:

A. Oh, no, no, I appreciate you clarifying

It. I don't mean anything by that.

Q. No, he caused you to be confused. He

didn't clarify anythIng.

A. No, he didn't confuse me. Not at all.





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questions.

MR. FUGATE: Are you Implying that It

somehow Involves. this case?

MR,DANDAR: No, no, you'll see.

BYMR. DANDAR;

A. It's totally out in left field. I didn't

prepare for that case for this one. You got tounderstand, we're professionals here. Let's do things

right.

Q. Let me ask you this. Isn't it true that

Forensic Investigator McCabe, the daughter of the State

Attorney Bernie McCabe, Investigated Kyle Brennan's

death?

A, As silly as this Is going to make me sound

right now, I am not aware of the fact that she Is

related In any way to Bernie McCabe. I'm Just telling

you the honest truth. This Is the first that I'm

hearing about It.

Q, I didn't know until I asked her the

question in her deposition.

A, I had no knowledge of that.

Q. She doesn't·· she's not In forensics any

more.

Are you aware that she swabbed the hands of

Kyle Brennan for gun powder residue?

Page 198

1 MR. FUGATE; Well, again, I object to the 1

2 form because this Is a recorded statement, and It 2

3 Is what it is. In other words, what he asked and 3

4 what she said are correctly reflected there 4

5 according to him, 5

6 MR. DANDAR; But what I can't •• and the 6

7reason why I'm doing this is what Ican't get out 7

8 of a recorded interview is what the datective Is 8

9 thinking, what his impression Is. 9

10 MR. FUGATE; But if you say somathlng 10

11 that's not accurate and ask him to agree to It, 11

12 my objection is this Is a record of what was 12

13 asked and what was answered and that·s what my 13

14 concern Is, I'll let him answer it however he 14

15 wants to, 15

16 BY MR, DANDAR; 16

17 Q, Of course you'll let him answer, 17

18 A, Yeah. I think based on the statements that 18

19 were made by her It would be safe to say that Kyle was 19

20 here at that time. He had already arrived, We speak 20

21 about earlier, I asked her about the West Coast before 21

22 he arrived here, If you go back to Page 72, 22

23 Q. Let me ask you a question. Do you recall 23

24 investigating the shotgun death of Michael Hearn? 24

25 A, It doesn't ring any bells right now, sir. 25

Page 199

1

2

3

4

56

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

Q. July of 2009?

A. Shotgun death, I don't understand what 2

that means, Was It suicide, shotgun involved? 3

Q, Handgun, sorry, I used the wrong word. 4

July eth of 2009 on Sandy Lane, Clearwater? 5A. Oh, yes. I do recall the case you speak 6

~ 7

Q. And again, and I asked you this question I 8

think this morning, Just because It looks like a 9

suicide, you stlll as a detective have to investigate? 10

A. Absolutely, 11

Q, Right, Okay. So do you recall in that 12

Investigation a brother being In the house at the time 13

his brother committed suicide? 14

A. Well, I would have to say I'm here on a 15

case Involving something totally different than what 16

you're asking. And I want to cooperate. If you're 17

going to ask me questions on a separate death case, I'm 18

going to have my notes and my report In front of me, I 19

mean, you're asking me about a totally separate case, do 20

I understand that correctly? 21

Q. Yes. That's a separate case, 22

A. Well, then I should be subpoenaed for that 23

and I can prepare for It, and I'll have my records

appropriately In front of me when I answer those

Page 201

1 A. Yes.

Q. Are you aware that she put that swabbing In

a sealed plastic bag as part of the kit?

A. I know they usually do that to store It as

evidence, yes, sir.Q. Can you tell me why the swabbing was not

tested?

A, Sure. Oftentimes we'll collect that as

evidence, but the FDLEwon't even generally do those any

more, If It came from the victim as they state. Only

because if the person Is in the same room, the

likelihood of GSR,gunshot residue, showing up somewhere

on that person Is very high. A lot of times It's

collected •• and we know that. And I'll collect It If I

need to use It later on down the Investigation where we

have to go to an outslda firm to have that tested, only

If I believe that It needs to be done, There was no

time during my Investigation that Itwould have led me

to believe that I needed to have that stuff tested to

answer any questions,

Q, What Is the reason why Kyle Brennan's

testing for gunshot residue was not performed In this

case?

A. I think I Just answered that question. I4

25 didn't feel It was needed.

July 1 2, 2 01 0

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1 Q. It's my understanding that if testing was 1

2 to be performed, you were the only person that could 2

3 authcrlze it? 3

4 A. That·s probably accurate. As the case 4

5 agent, which is what they term you on a case like this. 5

6 Now, I'm sure there's people higher or above me In my 6

7 own agency that could make it happen as well. But as 78 the case agent I would be the one to say yea or nay on 8

9 that. 9

10 Q. Who are the persons above you? 10

11 A. The persons above me would be my sergeant, 11

12 Sergeant Seaeca. 12

13 Q . How do you spell that? 13

14 A. s-c-e-c-c-e. Things have changed since 14

15 then. 15

16 Q. As of today? 16

17 A. As of today then It would go to Major 17

18 Michael Sahr. 18

19 Q. How do you spell that? 19

20 A. S-a-h-r. Then It would go to the chief of 20

21 police, Chief Holloway. 21

22 Q - So If I asked you today would you submit 22

23 that testing to a lab for analysis, would you not do 23

24 that? 24

25 A. I'm not going to say on the record that I 25

Page 203

1 would out and out deny you. I think It would need

2 further discussion. You're saying to me that you want

3 itdone, is that what you're saying?

4 Q. Yes.

5 A. Itwould have to be discussed with my6 supervisor.

7 Q. Well, let me ask you this. If the gunshot

8 residue test came back negative for Kyle Brennan's

9 hands, would that rule out suicide?

10 A. No. I think it·s a misconception. I think

11 a lot of time what people don't understand Is with GSR

12 the belief Is that they used the gun themselves or fired

13 a gun In any manner, shape or form, that there's going

14 to be a heavier concentration of it on the hands. In a

15 suicide you'll see that as well, and you'lI see It on

16 various parts of the body. Naturally It·s going to rise

17 up In the air and then settle down and come onto the

18 clothing. They believe In a suicide case where that

19 person was In the room when the gun was fired, nobody

20 can testify to It later one way or another. So that GSR

21 exam Is not going to make the case or break the case.

22 That·s why the fDLE doesn't usually do it for that.

23 Q. So If the testing for Kyle Brennan came

24 back negative, no gunshot restdue on his hands, that

25 wouldn't be relevant to anything?

A. I'm not going to say it wouldn·t be

relevant. It would be another thing that would need to

be looked Into. But there's a good likelihood that

you're going to find G5R on his hands, just by merely

being In and around a gunshot. They look at the higher

concentrations, where they're concentrated on the hands.

Q. 50 there would be higher concentrations ifthe gun was in his hand when It was fired than If it

just floated up in the air and came down?

A. I'm not going to say in all cases, but

that·s I know what they look for and generally that

would be a reasonable deduction.

Q. And don·t they test other people who may

have been In the room at the time?

A. That has been done, yes. Not in this case,

but in others.

Q. Doyou know why Thomas Brennan's hands

weren·t tested?

A. I do not, no, sir.

Q. Who calls that shot?

A. It·s hard to say because I wasn't there

that night when these guys got called out as we spoke

about in the very beginning, you know, when the patrol

came out. I think that If there would have been a need

or a concern that the officers had or the supervisors on

Page 204

Page 205

1 the street that night, we would have .. my supervisor

2 would have gotten a call, and then he would have called

3 me up at home, which has happened countless times on

4 many cases in the city. Then it would have been my

5 responsibility once I was to arrive on scene. But there6 was no concern here by the patrol people, so that didn't

7 happen. I didn·t get called to the scene.

8 Q. If Gerry Gentile arrived at the scene

9 before the police, would that cause you .. would that be

10 another red flag as of what you know today?

11 A. No, not necessarily.

12 Q, Didn't he tell you he arrived after the

13 police got there?

14 A. He did. And he made It clear by stating

15 that he saw police there. He saw Gerry speaking with

16 the police. He was stopped apparently at one point

17 while he was attempting to go up the stair landing to

18 make sure his friend was okay. All those things are

19 consistent with the police being there.

20 Q. And what's the reason why you don't use

21 the LERS program now at the Clearwater Police

22 Department?

23 A. f guess basically it just didn't meet our

24 needs anymore. We needed something that was a little

25 bit bigger and broader, and we had more database

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1 capabilities, And we ended up going to the ACISS 1

2 system, ACISS. And basically we share now a huge 2

3 database, a network, with the Pinellas County Sheriffs 3

4 OHlce because that's what they use. 4

5 Q. In the beginning J asked you about meeting 5

6 with Mr. Fugate, and I asked you about meeting with Miss 6

7 Heller. I don't know if I asked you, did you meet with7

8 any other representative from the Church of Scientology 8

9 on this case before you came here today? 9

10 A . No. 10

11 Q. Did you meet with any private Investigator 11

12 who mayor may not have Identified themselves as working 12

13 for the Church of SCientology, the Gentiles or Thomas 13

14 Brennan? 14

15 A. That's a loaded question, Counselor. If I 15

16 met somebody that dldn't Identify themselves from the 16

17 Church of Scientology, how am Igoing to tell you that, 17

18 yeah. 18

19 Q, Oldyou meet with anybody whatsoever on 19

20 this case? 2021 A, I did not, I'm just trying to be 21

22 reasonable. 22

23 Q, Doyou know If any currency was found at 2 3

24 the scene of the death of Kyle Brennan? 24

25 A . I'm not aware of any, and It definitely was 25

1 not stated In any report that I've come across. 1

2 Q. Would you agree - would you agree that 2

3 when Luke Llrot was representing Victoria Britton, that 3

4 even then no one was talking about Denise Gentile or 4

5 Gerry Gentile as being somehow connected with the death 5

6 of Kyle Brennan? 6

7 A. I don't know. I don't think - I didn't 7

8 get that feeling at all, I don't think that Mr, Lirot 8

9 had a difference in whether they were brought up or not, 9

10 you know what I mean? Mr. Lirot, he was very 10

11 cooperative with me every time we spoke, I never got 11

12 the feeling he was hiding anything or holding anything 12

13 baCk, 13

14 Q, What was your understanding of why he was 14

15 Involved? 15

16 A. Once I found out, you know, what some of 16

17 the allegations could have been, that the mom was 17

18 concerned about the fact that the Church of Scientology 18

19 may have been involved In this in her statement In her 19

20 eyes, Iunderstood why Mr, Llrot might have been brought 20

21 into the picture. She wanted local representation here 21

22 because she was not here, she being Miss Britton, the 22

23 mother of Kyle. 23

24 Q. So you think that he became Involved 24

25 because she thought there was a connection with the 25


Page 208

Church of Scientology with the death?

A. Well, they made It clear in that they

didn't believe in the beliefs of Scientology. She was

living in Virginia. Mr. Lirot was a local Clearwater

attorney. So It probably made It a lot easier for her

to have a local representative.

Q. Do you have any acquaintances Who are5clentologists?

A, No, I do not. Well, let me go back, What

do you mean by acquaintances?

Q. Well, a friend, relatives.

A. Because I know Miss Heller.

Q. You know her because of her position in

working up threats against the Church?

A, That's correct. I don't know what you mean

by acquaintances, but years ago .-

Q, Excluding her.

A, Years ago when we did the off-duty Jobs

that we talked about, there was a few gentlemen, you

know, that we met outside. Hey, how are you doing? Is

that an acquaintance in your eyes? I don't know. I

don't want to set myself up here, Ihave a lot of

friends In this town.

Q. What about Ben Shaw?

A. Iknow the name, but Idon't know of that

person.

Q, The guy that's like six foot eight?

A. Idon't know him. I don't have any

dealings with him.

Q. Ever taken a SCientology course?

A, Ihave not,

Q, You said something about - and I shouldn't

have Interrupted you when you said this. When Mr,

Fugate was questioning you there were attached wires to

Kyle's laptop?

A, Attached wires to Kyle's laptop? I'm

sorry, Idon't recall that.

MR,DANDAR: Are you able to do a search on

your machine, search for wires?

THE COURT REPORTER: Not right now.

MR. FUGATE: Ihink he said something

about returning the laptop and whatever else was

with It.

THE COURT REPORTER: That's what he said.

MR, FUGATE: To Luke Llrot's office,

BYMR, DANDAR:

A. Yeah. I spoke about the wires that

actually power It up. Like the extension cord wire,

Q. Okay. What's Joel's last name?

A. Campus, C·a-m-p-u-s.

July 12,2010

53 (Pages 206 to 209)

ESTATE OF KYLE BRENNAN. ET AL v . CHURCHOF SCIENTOLOGY. ET AL

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MR. DAN DAR: That's all I have.

(At this time a brief recess was taken.)

MR. DANDAR: That's alii have.MR. FUGATE: I don't have any other

questions.

MR. ALVAREZ: I have none.

(At this time the deposition

in the above-captioned matter

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D _ D REPORTING SERVICE , INC . d_ [email protected]

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1 STATE OF FLORIDA )

2 COUNTY OF PINELLAS )

3 I, DENISE HERROLD, Court Reporter, certify

4 that I was authorized to and did stenographically report

5 the foregoing deposition; and that the transcript is a

6 true record of the testimony given by the witness.

7 I further certify that I am not a relative,

8 employee, attorney, or counsel of any of the parties,

9 nor am I a relative or employee of any of the parties'

10 attorney or counsel connected with the action, nor am I

11 financially interested in the action.

12 I, the undersigned authority, certify that

13 STEPHEN BOHLING personally appeared before me and was

14 duly sworn.

15 WITNESS my hand and official seal this

16 22ND DAY OF JULY, 2010.

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DENISE A. HERROLD

NOTARY PUBLIC ..STATE OF FLORIDA

COURT REPORTER0

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