Q.   Sir, by whom are you employed? 
                            A.   Department of Sanitation. 
                            Q.   In what capacity are you employed by the 
                    Department of Sanitation? 
                            A.   Sanitation worker. 
                            Q.   On December 30, 1998, by whom were you 
                    employed? 
                            A.   Department of Sanitation. 
                            Q.   On December 30, 1998, in what capacity were 
                    you working for the Department of Sanitation? 
                            A.   Sanitation police officer. 
                            Q.   How long had you been a sanitation police 
                    officer? 
                            A.   Two years. 
                            Q.   When did you cease being a sanitation police 
                    officer? 
                            A.   July 1st. 
                            Q.   You mean Monday? 
                            A.   Yes. 
                            Q.   For what reason did you cease being a 
                    sanitation police officer? 
                            A.   Budget cuts and layoffs.
                            Q.   As a sanitation police officer, before you 
                    were laid off, what were your responsibilities? 
                            A.   Enforce all the environmental sanitation 
                    provisions and administratino codes for the Sanitation 
                    Department.
                            Q.   What was your authority as a sanitation 
                    police officer? 
                            A.   Twenty-four hour peace officer in the state.
                            Q.   How was your authority different from a 
                    police officer for the Police Department? 
                            A.   We are only authorized to make arrests when 
                    we are on duty and paid.
                            Q.   On December 30, 1998, did you work? 
                            A.   Yes, I did.
                            Q.   What hours did you work on that day?
                            A.   12 to 8 p.m.
                            Q.   Is that 12:00 noon? 
                            A.   Yes. 
                            Q.   At what day of the week was December 30, 
                    1998? 
                            A.   A Sunday. 
                            Q.   What was your responsibility for your work on 
                    December 30, 1998? 
                            A.   Assigned to D&E sector.  We were assigned to 
                    patrol for illegal dumping and enforce all the codes for 
                    the Sanitation Department.
                            Q.   Now, you are saying "we."  Did you have a 
                     partner on that day? 
                            A.   Yes, I did. 
                            Q.   Who was your partner? 
                            A.   Louis Ellington. 
                            Q.   Now, were you in uniform on that day? 
                            A.   No, plain clothes. 
                            Q.   And you said you were on patrol? 
                            A.   Yes. 
                            Q.   What were you patrolling in?
                            A.   Red GMC Jimmy.
                            Q.   Is that a truck? 
                            A.   Yes, unmarked vehicle. 
                            Q.   Is that the normal car that you used to 
                    patrol in? 
                            A.   Yes, it is. 
                            Q.   At approximately 3:00 p.m. on December 30, 
                    1998, do you remember where you were? 
                            A.   Yes, I do. 
                            Q.   Where were you? 
                            A.   Marlboro Street and Remington Avenue in 
                    Malden.
                            Q.   Now, what type of area is this? 
                            A.   An industrial area, railroad tracks, all 
                    buildings, warehouses, desolate area. 
                            Q.   Now, when you were there at 3 p.m. on 
                    December 30, 1998, what if anything did you notice near 
                    Marlboro Street? 
                            A.   There was a car parked on the sidewalk. 
                            Q.   What kind of car was it? 
                            A.   A '93 tan Buick. 
                            Q.   When you say it was parked on the sidewalk, 
                    how was it parked on the sidewalk? 
                            A.   All four wheels on the vehicle were on the 
                    sidewalk. 
                            Q.   Did you see anything else in that area at 
                    that time? 
                            A.   No. 
                            Q.   Where were you when you first saw the car? 
                            A.   We were driving past them in the opposite 
                    direction in which they were facing. 
                            Q.   Who was driving the car that you were in? 
                            A.   My partner was driving the vehicle. 
                            Q.   And where were you in the car? 
                            A.   I was the reporter, sitting in the passenger 
                    seat. 
                            Q.   Front passenger seat? 
                            A.   Yes. 
                            Q.   Now, when you first saw the car, you were 
                    going in the opposite direction? 
                            A.   Correct. 
                            Q.   What did you do after you first, after you 
                    noticed the car parked on the sidewalk, what did you do? 
                            A.   We went around the block and we parked 
                    approximately a hundred feet behind them. 
                            Q.   Were you on the same side or the opposite 
                    side? 
                            A.   Same side of the street. 
                            Q.   And why did you park behind the car? 
                            A.   To see if they were going to do anything 
                    there. 
                            Q.   I am sorry?
                            A.   To see if they were going to do anything.  
                    It's a known dumping area. 
                            Q.   Now, you said that you were one hundred feet 
                    behind them? 
                            A.   Yes, that is correct. 
                            Q.   What did you do when you were behind them? 
                            A.   I observed them through binoculars observing 
                    the vehicle. 
                            Q.   Do you normally carry binoculars? 
                            A.   Yes, all the time. 
                            Q.   Did you use them in your position as a 
                    sanitation police officer? 
                            A.   Yes, we did. 
                            Q.   Did your partner have binoculars? 
                            A.   No, he did not. 
                            Q.   Now, how long did you watch them through the 
                    binoculars? 
                            A.   Three to five minutes. 
                            Q.   You said that the car was parked up on the 
                    sidewalk.  How high was the sidewalk? 
                            A.   It is a ten to twelve foot sidewalk over 
                    there, I would say. 
                            Q.   And you were watching them for the three or 
                    four minutes.  What if anything did you see happen? 
                            A.   A beer can was thrown from the passenger side 
                    front window of the vehicle on to the sidewalk. 
                            Q.   And through your binoculars, could you tell 
                    what exactly had been thrown? 
                            A.   Yes, I could. 
                            Q.   Could you see who had thrown the beer can? 
                            A.   No, I could not. 
                            Q.   How many beer cans were thrown? 
                            A.   One. 
                            Q.   What did you do after you saw the beer can 
                    thrown? 
                            A.   We approached the vehicle, identified 
                    ourselves as police officers and asked for identification. 
                            Q.   When the beer can was thrown, what did the 
                    beer can hit? 
                            A.   The sidewalk. 
                            Q.   There wasn't a garbage can? 
                            A.   No, ma'am. 
                            Q.   You said you approached and you were with 
                    your partner? 
                            A.   Yes. 
                            Q.   On which side did you approach? 
                            A.   I approached on the passenger side. 
                            Q.   Where was your partner? 
                            A.   On the driver's side. 
                            Q.   When you approached the car, where were you 
                    exactly in relationship to the length of the car? 
                            A.   Approximately six inches away from the 
                    vehicle, right up to the passenger's window. 
                            Q.   Is that the window that you saw the beer can 
                    come from? 
                            A.   Yes.