December 24th, McHenry County Blog ran the first part of the December 15, 2010, transcript of a Rockford hearing before Magistrate P. Michael Mahoney. December 25th, the second part was published with the third installment published yesterday. This is part 4.
THE COURT: Tell me what do you have to have until you can try this case. Let’s try this case.
MR. HORWITZ: The other issues that are outstanding are you ordered the deposition of three individuals, Bruketta, Jones, and Pyle.
THE COURT: Right.
MR. HORWITZ: Pyle is the gentleman that — okay. So, the attorney for — so, Bruketta and Jones, their depositions went.
THE COURT: Pyle did not.
MR. HORWITZ: Pyle, his attorney offered December 22nd, and I don’t have confirmation from counsel. I think yesterday by e-mail I submitted it out to everybody, and I think — I’m going to guess that we’re good on December 22nd, but I don’t have confirmation.
THE COURT: What else do you need besides Pyle?
MR. HORWITZ: Milliman’s deposition to complete. He secured his own counsel.
THE COURT: How many hours have you had with Milliman?
MR. HORWITZ: Well, I think I probably have some questions for about three hours or so, and defense counsel was in the middle of asking questions.
THE COURT: How much time do you need to clean up?
MR. SOTOS: We just need a couple hours, Judge. I’d say three’s plenty. We had planned to finish his deposition in accordance was this final deadline. We were told — we brought Mr. Milliman in for his dep. He said that he had secured counsel. So, we didn’t take the dep. We called his counsel, who said that he has not talked to Deputy Milliman, doesn’t know what he’s talking about. So, that’s the one thing that we weren’t able to get done by the 15th.
THE COURT: Did Deputy Bruketta actually say that he misidentified 140 individuals as Caucasians in 2008?
MR. SOTOS: That’s being looked into right now, too, Judge. But he did say —
MR. HORWITZ: The answer is yes, Judge.
MR. SOTOS: I don’t know if he said 140 or not, but he may — I know that he said that there was a whole host of people who appeared to be Hispanic surnames. Many of them just spoke Spanish, and they were marked as Caucasian on tickets.
THE COURT: Now —
MR. HORWITZ: Judge, just so you know —
THE COURT: I’ll get back to you.
MR. HORWITZ: — I don’t say things that aren’t straight on the record.
THE COURT: No, no. I’ll get back to you. I just –I’m asking.
Now, do you have any other deputies that hit numbers like that? Has anything in discovery shown someone else that misidentified that many people?
MR. SOTOS: No.
MR. HORWITZ: No.
THE COURT: I mean, because that seems — the reason I’m asking, counsel, I’m not a deputy. I’m not in sheriffs’ departments. I don’t know. Maybe people just don’t pay attention when they mark these boxes. I mean, is this something that you would consider — not to bind your client, not to make an admission.
MR. HORWITZ: Sure.
THE COURT: But would you consider it average for — not to be used by you. Okay? Average —
MR. HORWITZ: Well, hold on a second. Where do I put this? Where do I put what I learn right now?
THE COURT: Yeah. Well —
MR. HORWITZ: I could put it in a vault somewhere?
THE COURT: Then I’m not going to ask you the question.
MR. HORWITZ: Okay. Do you want to go off the record?
THE COURT: All right. Then I won’t ask the question. No, no. I won’t ask the question. I’ll just state it. Seemed high to me. Okay? What else do you need?
MR. SOTOS: It seemed high to the department, too, Judge. Probably leads to the next topic that he’s raised.
THE COURT: Yeah. I don’t even know how you do that, unless you’re just sloppy.
MR. HORWITZ: Well, he was trained in March of ’08. He admitted in his deposition he received his second bout of training attributable to how to properly mark tickets in March of ’08, and it was after March of ’08 where at least a hundred other tickets were marked incorrectly.
THE COURT: Okay. What else do you need? You’ve got Pyle. You’ve got three more hours to clean up Milliman.