Q.   What happened on November 14th, 1988?  Do you 
                            A.   Yes.  An individual was arrested for 
                    disorderly conduct and while enroute back to the 
                    stationhouse kicked the police dog in the side and the dog 
                    was used to subdue him.
                            Q.   And was that part of your training, to use 
                    the dog in that circumstance when a person under custody 
                    kicks the dog? 
                            A.   When he attacks myself or the dog, yes.
                            Q.   What did you do with the dog to subdue him?
                            A.   I told the dog to get him and the dog bit him 
                    and subdued him.  Then I regained control and custody of 
                            Q.   Did you lose control of him at one point? 
                                 MS. CONNORS:  Objection.  He's leading the 
                    witness, your Honor.
                                 THE COURT:  Sustained.
                            Q.   Do you recall losing control?  
                                 MS. CONNORS:  Objection again. Same reason.
                                 THE COURT:  Sustained.
                            Q.   Do you recall--
                                 THE COURT:  Ask him what happened next.
                            Q.   What happened next with that person after he 
                    kicked the dog?
                            A.   I remember that after he kicked the dog, he 
                    got loose from me and then the dog was used to subdue him.
                            Q.   Now, after November 14, 1988, do you recall 
                    the next time that you had to use the dog, use Rocky?
                            A.   I'd have to review a report. 
                            Q.   Sure. 
                            A.   December 22nd of '88.
                            Q.   And do you recall the circumstances of that? 
                            A.   Yes.  In a stairwell in the Port Authority 
                    bus terminal, in the parking levels, Officer Scott was 
                    having a fight with someone, and called for a backup and 
                    that means he needed some help.  I arrived at the scene 
                    and I instructed Officer Scott to step back from the 
                    individual, which he did.
                                 I yelled at him to put his hands up against 
                    the wall and to that he responded, "No way, I'll kill you 
                    for Christmas." 
                                 At that point, I released the dog to try and 
                    subdue him and the dog bit him and subdued him.  He was 
                    subsequently arrested and returned to the precinct.
                            Q.   Now, in that circumstance did Rocky do what 
                    he was trained to do at the Police Academy?
                            A.   Yes. 
                            Q.   Did you do what you were trained to do at the 
                    Police Academy?
                            A.   Yes. 
                            Q.   Now did Rocky do what he was trained to do 
                    and you were trained to do during all the in-service 
                    training that you received at the Canine Academy?
                            A.   Yes.
                            Q.   Do you recall the next incident where you had 
                    to use Rocky?
                            A.   I'd have to refresh my recollection.
                                 THE COURT:  Go right ahead, Officer.
                            Q.   Sure, please do that. 
                            A.   January 1st of '89. 
                            Q.   And do you recall the circumstances of that 
                            A.   Yes.  I was with another police officer and 
                    we observed a male placing cocaine into crack vials on the 
                    fourth level of the yellow staircase, which is the north 
                    wing.  All of the staircases in the north wing became 
                    color coded, so you'd be able to acclimate yourself. 
                                 When we attempted to arrest the subject, 
                    well, we placed him under arrest and my fellow officer 
                    went to recover property and when I had the defendant 
                    against the wall, the defendant pushed me on top of the 
                    dog and ran away and the dog was used to subdue him.
                            Q.   And what you did on that occasion, was that 
                    something that you and Rocky were trained to do at the 
                    Police Academy?
                            A.   Yes. 
                            Q.   And in those circumstances that we just went 
                    through, did Rocky know what to do, respond to your 
                    commands and act appropriately? 
                                 MS. CONNORS:  Objection.
                                 THE COURT:  Sustained.
                            Q.   In reference to the training you received, 
                    how would you characterize what Rocky did in response to 
                    all of those circumstances? 
                                 MS. CONNORS:  Objection again. 
                                 THE COURT:  Sustained.  You're converting him 
                    into an expert and you're asking him to draw conclusions 
                    that the jury is supposed to, Mr. Harris. 
                                 MR. HARRIS:  I will ask another question, 
                    your Honor. 
                            Q.   Did you ever receive any criticism either 
                    from the Transit Authority or from anyone conducting your 
                    in-service training prior to March 2nd, 1989 with respect 
                    to each of those instances where Rocky was used to subdue 
                    a person? 
                            A.   No, there was never any criticism. 
                            Q.   Do you recall ever receiving any compliments 
                    with respect to what Rocky was trained to do and did 
                    during each of those dog incidents? 
                                 MS. CONNORS:  Objection. 
                                 THE COURT:  Sustained.
                            Q.   Now, I want to draw your attention to March 
                    2nd, 1989.  You described for us previously the levels of 
                    the Port Authority bus terminal.  Without going into them, 
                    but in your own words, would you tell us what was the 
                    first time that you decided that you had to do something 
                    with respect to that stairwell at 40th Street and Eighth 
                            A.   I had been in the stairwell previously during 
                    the day.  That was part of my normal patrol, was to check 
                    all the stairwells in the building.
                            Q.   And did you have any prior experience with 
                    that stairwell?
                            A.   I had been in that stairwell many, many 
                            Q.   And why was that stairway a primary area that 
                    you had to patrol?
                            A.   The bus terminal at that time was much 
                    storied for being --
                                 MS. CONNORS:  Objection.
                                 THE COURT:  Sustained as to "much storied." 
                            A.   The bus terminal was a high crime area.  The 
                    staircases in particular were a location where--
                                 MS. CONNORS:  Again, I'd have to object to 
                    his conclusions.
                                 MR. HARRIS:  This is from his observation. 
                                 THE COURT:  Let me have the initial question 
                    read back. 
                                 Sustained as irrelevant, counsel.  Move on. 
                            Q.   Why did you have to patrol that stairway? 
                                 THE COURT:  I just sustained an objection to 
                            Q.   What was the purpose of your patrolling that 
                            A.   To deter criminal activity that was taking 
                    place in that stairwell.
                            Q.   Did you have prior knowledge, knowledge prior 
                    to March 3, 1989 of criminal activity taking place at that 
                            A.   Yes, it was a high crime area. 
                            Q.   And what type of criminal activity was taking 
                    place in that stairway prior to March 2, 1989? 
                            A.   It was an area that was frequented by people 
                    using drugs, buying drugs, selling drugs.  It was an area 
                    where there was a lot of robberies.  It was an area where 
                    there were a lot of larcenies.  There was prostitution.  
                    There had been rapes in those staircases.
                                 MS. CONNORS:  Objection.  He said 
                    "staircases," your Honor.
                                 THE COURT:  It's an area within the terminal.  
                    The only objection is that he said "staircases."  
                    Overruled as to that. 
                                 The area you're talking about is the 
                    stairwell, right?
                                 THE WITNESS:  Yes, sir.
                            Q.   Now, tell us what happened on March 2nd, 1989 
                    when you first became involved with that staircase with 
                    respect to what happened with Mr. Dooley.
                            A.   It was about 2145, or quarter to ten regular 
                    people time.
                                 THE COURT:  Civilian time? 
                            A.   Civilian time, and I was looking through the 
                    window of the suburban bus level from the elevator lobby 
                    and I observed a male standing several steps from the 
                    landing smoking crack cocaine and there were several 
                    people standing in front of him. 
                                 At that point, I started to open the door, 
                    the dog barked and the people fled. Some fled downstairs 
                    and the male that was on the stairs fled upstairs.
                            Q.   What happened next?
                            A.   Well, prior to the male fleeing upstairs, he 
                    dropped a crack pipe and a brown paper bag and a lighter 
                    to the ground.  He fled upstairs.  The other people fled 
                    downstairs.  I ordered the person who fled upstairs to 
                    come back downstairs.  I yelled at him a few times to come 
                    back downstairs, because he didn't come back down right 
                    away, took him several seconds to comply.  He came down 
                    the stairs, walked past me and I instructed him to place 
                    his hands on the wall, at which point I continued to tell 
                    him to keep his hands on the wall and not to move from the 
                    wall.  I recovered the brown paper bag and the crack pipe 
                    and placed it in my pocket.
                            Q.   Let me just interrupt you right there, if I 
                    may.  What's the interior of the stairwell like?
                            A.   The stairwell itself is, lighting in some 
                    places is pretty decent and other places people break the 
                    lights, so the lighting is pretty bad in other spots and 
                    you know basically at that period of time there were a lot 
                    of people living in that bus terminal in those stairwells, 
                    so there was a lot of --
                                 MS. CONNORS:  Objection, your Honor.  He 
                    asked him about the lighting.
                                 MR. HARRIS:  No, I said what it was like.
                                 THE COURT:  Let's move on.
                            Q.   Did the stairwells smell?
                            A.   The staircases were basically toilets, open 
                            Q.   Were there windows in the staircases?  By 
                    windows, I mean windows leading out to the outside for 
                    lighting purposes? 
                            A.   No, the only windows would be the small 
                    windows in the doors that separated the lobby areas from 
                    the stairwells.
                            Q.   Was this an open staircase stairwell or was 
                    it closed in?
                            A.   It's an enclosed staircase.
                            Q.   Now, when you had Mr. Dooley up against the 
                    wall, could you tell us what happened at that point?
                            A.   I continued to tell him to keep his hands on 
                    the wall.  He appeared somewhat agitated to me.
                                 MS. CONNORS:  Objection. 
                                 THE COURT:  I'll allow it.  Overruled. 

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