DIANE VENENGA
CRIMINAL TRIAL DEPOSITION

(May 9, 1997)

See also: Diane Venenga CFPS Report
See also:
Diane Venenga Criminal Trial


Page 3

1 DIANE VENENGA,

2 being processed, sworn as hereinafter certified and

3 examined on behalf of the Defendant, testifies as

4 follows:

5 DIRECT EXAMINATION

6 BY MR. CORRELL

7 Q. Will you state your name?

8 A. Diane Venenga.

9 Q. Ms. Venenga, I don't think you and I

10 ever met before, just a few minutes outside in my

11 lobby; would that be correct?

12 A. That is correct.

13 Q. You understand I'm the attorney for

14 Tracy Rokes and I'm going to take your deposition

15 this afternoon.

16 A. Yes.

17 Q. Have you ever had your deposition taken

18 in conjunction with a criminal investigation

19 before?

20 A. No, I have not.

21 Q. Do you think you understand the format

22 that we're going to proceed with here? Are there

23 any questions or clarifications you would like to

24 know before we get started?

25 A. I don't have any questions.

 

Page 4

1 Q. Would you tell me what your educational

2 background is, please.

3 A. Yes. I graduated with a four-year

4 degree from the University of Northern Iowa, BA in

5 criminology and political science.

6 Q. What year was that?

7 A. Graduated in '95.

8 Q. And what was your first employment after

9 graduation?

10 A. I was employed by the Black Hawk County

11 Sheriff's Office.

12 Q. For how -- what period of time and in

13 what capacity?

14 A. I was a deputy sheriff for about seven

15 months.

16 Q. When did you start with the City of

17 Cedar Falls?

18 A. In March of '96.

19 Q. During the period of time that you were

20 working for the Sheriff's Department for about

21 seven months, would you indicate what were the

22 typical duties or responsibilities you had as a

23 deputy?

24 A. I worked in the jail only.

25 Q. Would it be fair to say in that capacity

 

Page 5

 

1 then you would not have been out on routine patrol

2 type of responsibilities?

3 A. That is correct.

4 Q. Have you attended the law enforcement

5 academy in Des Moines?

6 A. Yes, I did.

7 Q. And when did you do that?

8 A. September through December of '95.

9 Q. When you started with Cedar Falls

10 Police, did you say that was March of '96?

11 A. Yes.

12 Q. And when you started, in what capacity

13 did you -- were you originally employed?

14 A. I was a patrol officer.

15 Q. And what shift were you originally

16 employed?

17 A. Third shift.

18 Q. You have been a police officer then with

19 Cedar Falls for 13, 14 months time frame?

20 A. Yes.

21 Q. And have you always been a third shift

22 officer?

23 A. I went to second shift for one month

24 during field training exercises.

25 Q. With regard to the employment with the

 

Page 6

1 City of Cedar Falls as a police officer, have you

2 been involved making any OWI arrests from the time

3 you started up until the time of October 4, 1996.

4 A. Yes, I have.

5 Q. How many of those arrests would it have

6 been where you've made the stop, not where you came

7 as the backup or where you would be the stopping

8 officer?

9 A. I believe October, probably eight,

10 possibly around eight.

11 Q. Between March and October?

12 A. March and October

13 Q. And out of those eight, would you have

14 been the one who did the totality of the stop; the

15 field sobriety tests, if there were, and brought

16 the person into the police department?

17 A. Yes.

18 Q. And of those eight stops that you've

19 made, did you make those all basically for OWI

20 stops or did they start out as something else?

21 A. They start usually as traffic some

22 sort.

23 Q. Of the ones that-- of those eight, were

24 those situations where there were ultimately a

25 breath test taken down at the Cedar Falls Police

Page 7

1 Department?

2 A. Yes, typically.

3 Q. And was that the situation in all eight

4 cases?

5 A. I believe so, yes.

6 Q. You don't have any recollection of

7 anyone different than that; would that be correct?

8 A. I don't remember anything different.

9 Q. And you're familiar with the

10 Intoxilyzer?

11 A. Yes, I am.

12 Q. With regard to field sobriety tests,

13 have you had any training in those?

14 A. Yes, I did.

15 Q. And in connection with those, does the

16 Cedar Falls Police Department have information that

17 indicates the degree of reliability of those?

18 A. I haven't seen them at the stations, no.

19 Q. You haven't seen any information

21 relative to that, though, through your employment

22 here; would that be correct?

23 A. I haven't seen any written documentation

24 of it, no.

25 Q. With regard to any of the eight that

 

 

Page 8

1 you've processed before, where any of those eight

2 people videotaped at the Cedar Falls Police

3 Department?

4 A. All of them should have been.

5 Q. And would they have been videotaped

6 for -- during the time that they were asked their

7 name and -- as well as any field sobriety tests

8 down at the station?

9 A. Their name and all that information, but

10 typically the sobriety testing were done in the

11 street.

12 Q. What was typically done on the video at

13 the police department?

14 A. Just processing the person.

15 Q. Have you ever gone back and looked at

16 any of those videos?

17 A. No, I have not.

18 Q. Are those videos in part utilized from

19 time to time to document when you believe there's a

20 person that doesn't -- that is intoxicated or under

21 the influence?

22 A. Other officers may have. I have not

23 reviewed the videotape yet.

24 Q. Do you understand that that is part of

25 the purpose of that camera, to not only videotape

 

Page 9

1 who was there and what was done, but to see their

2 condition as well?

3 A. Yes.

4 Q. With regard to the night of October 4,

5 what time would you have gone on duty?

6 A. At 10:15.

7 Q. And who would have been the shift

8 commander?

9 A. I believe it was Captain Lashbrook.

10 Q. Were you riding by yourself at that

11 time?

12 A. Yes, I was.

13 Q. Were you involved in a situation

14 where -- was there a video in your car?

15 A. No, there was not.

16 Q. What was your area of responsibility of

17 patrol?

18 A. That night I was in Area 3, which is the College Square area.

19 Q. What are the general dimensions of that

20 area?

21 A. It is Highway 20 north, Main Street

23 east, it would be 12th Street north, and Midway

24 Drive west.

25 Q. And on the south, to the south, how far

 

Page 10

1 would you go?

2 A. To the south it would be Highway 20

3 roughly.

4 Q. And where is Highway 20? Is that the

5 one that goes by Deere's out there --

6 A. It's a little bit pat that. That's

7 Ridgeway.

8 Q. Okay. Why don't you tell me what you

9 recall about how you first learned about this

10 accident.

11 A. I was at Seerley and Main working on

12 another accident. It was just a minor property

13 damage accident. And I just arrived at the scene,

14 I got driver and vehicle information, and I was

15 called off to the personal injury accident

16 Highway 58 and Greenhill.

17 Q. The accident at Seerley and Main, what

18 was the cause of the accident?

19 A. A subject was stopping to turn and a

20 young man ran into the elderly woman.

21 Q. From behind?

22 A. From behind.

23 Q. Was it the young man's fault?

24 A. Yes.

25 Q. Was it just a situation where he didn't

 

 

Page 11

1 see her apparently?

2 A. He wasn't paying attention.

3 Q. Did you stay there to process and write

4 a ticket on that one?

5 A. No, I did not.

6 Q. Did someone else follow up with that

7 investigation?

8 A. I did later. I told them I had other --

9 another accident to go to and they were

10 understanding, and I got the vehicle information,

11 drivers' names, and I was in contact with them at a

12 later date.

13 Q. Okay. With regard -- did either of

14 those people get cited?

15 A. Yes. The gentleman did.

16 Q. You have your reports there in front of

17 you, I take it, today.

18 A. Yes, I do.

19 Q. Have you had a chance to review those?

20 A. Yes, I have.

21 Q. As I recall, those reports indicate that

22 this incident had an occurrence time, the earliest

23 possible occurrence time and the latest possible

24 occurrence time. Am I correct on that?

25 A. Yes.

 

Page 12

1 Q. Do you have any independent recollection

2 as to the time that you were notified?

3 A. I'd have to look at my notes, but it was

4 right around 11.

5 Q. That face sheet that you have in front

6 of you and which I've also read, did you prepare

7 that?

8 A. Yes, I did.

9 Q. And when you got the information that

10 the earliest it would have happened was 10:55, what

11 was the course of that information?

12 A. That was talking with a couple of

13 witnesses, just, you know, "What time do you think

14 this happened?" ""Oh, five minutes from when

15 officers arrived," or --

16 Q. And the latest, when you said at 11:01,

17 is that because you know at 11:01 there was a call

18 received?

19 A. It was reported.

20 Q. So you're assuming it was sometime prior

21 to 11:01, you just don't know exactly ow far.

22 A. I do no know exactly, no.

23 Q. What time would you have received your

24 dispatch?

25 A. I was the first unit dispatched to it.

 

Page 13

1 I was the first one that they called to go to the

2 accident.

3 Q. And if the call came in to the station,

4 to the dispatcher, at 11:01, what time

5 approximately would it have been that you would

6 have received you dispatch?

7 A. Probably a minute or two minutes

8 afterwards.

9 Q. And did that come through the radio that

10 you carry on your belt?

11 A. My portable radio, yes.

12 Q. did you go immediately to the scene?

13 A. I completed getting drivers'

14 information, another unit said they would also be

15 responding, and then after I got the drivers'

16 information, then I left and went to the scene.

17 Q. So we would assume -- and I

18 understand -- I believe you don't know exactly, but

19 you say you got your call at about 11:02, and would

20 you have left for Highway 58 and Greenhill by about

21 11:03, 11:04 type of time frame?

22 A. Probably within that time frame, yes.

23 Q. When you got out there, what route did

24 you take on your way out there?

25 A. I took -- I was at Seerley and Main. I

 

Page 14

1 went down Main Street, turned left on University,

2 once I was on University I took a right up on the

3 highway, Highway 58.

4 Q. How far would you estimate a drive it is

5 once you get on Highway 58 on the University on

6 ramp to Highway 58 and Greenhill Road?

7 A. I would say a mile and a half maybe.

8 Q. Have you written any other reports than

9 the original report that you wrote in this case?

10 A. No, I have not.

11 Q. And I've reviewed that and I believe

12 it's either a five- or a six-page report. Could

13 you take a moment to count those pages?

14 A. Six pages.

15 Q. Okay. And the rest of the reports you

16 have or the papers you have there are not reports

17 that you prepared?

18 A. Not that I prepared, no. Two statements

19 that I took, but everything else is not what I

20 prepared.

21 Q. Okay. And when you -- the two

22 statements you took, those were --first, who were

23 they?

24 A. Delonna Rokes and Christina Hill.

25 Q. And those were taken on what dates?

 

Page 15

1 A. I would have to look. Delonna's was

2 taken on October 5. And Christina's was also taken

3 on October 5.

4 Q. And were those done at the Waterloo --

5 Cedar Falls Police Department where you basically

6 talked to them, typed up on a computer what it is

7 they told you, and then they signed them?

8 A. Yes.

9 Q. What else have you done in getting ready

10 for this deposition today?

11 A. I just reviewed my case and the

12 statements that I took.

13 Q. Did you talk to any other officers?

14 A. I spoke with Sergeant Wilson.

15 Q. And when did you speak with him?

16 A. Last night.

17 Q. Did you initiate that or did he?

18 A. He just let me know that he already had

19 his depo.

20 Q. And how long did you and he talk about

21 that?

22 A. A minute, two minutes.

23 Q. Did he talk to you abut any of the

24 types of questions that I asked him?

25 A. The only thing he talked about was his

 

Page 16

1 opinion of Sartori Hospital, what he said.

2 Q. Okay. And do you understand that he was

3 of the opinion -- or what he said in his deposition

4 on that issue?

5 A. Do I understand what he said?

6 Q. Yes. Did he tell you what he said about

7 Sartori Hospital?

8 A. Yes, he did.

9 Q. Do you agree or disagree with his

10 opinion?

11 A. I agree with his opinion.

12 Q. And have you and he discussed that prior

13 to --

14 A. No, we have not.

15 Q. You had formulated that opinion on your

16 own previously?

17 A. I don't know exactly what he said,

18 but --

19 Q. Let me say this. And that's a good

20 point. I asked him if he was of the opinion that

21 had Julie Farrell been taken to another hospital

22 initially, she would have in his opinion survived,

23 and he indicated that she would have, in his

24 opinion. Is that basically consistent with what he

25 told you he said?

 

Page 17

1 A. Basically, yes.

2 Q. And what do you base your opinion on

3 that issue on?

4 A. My opinion? I haven't been in Cedar

5 Falls very often or very much and I don't know too

6 much about Sartori Hospital, but I know it I were

7 injured in a traumatic accident of some sort, I

8 would prefer not to go to Sartori, if I had a

9 choice.

10 Q. And was that based on things that you

11 had seen working as a police officer in the past?

12 A. Basically just what I've heard about

13 Sartori. I haven't been much of Sartori.

14 Q. You would have if you say left at

15 approximately 11:04 -- and I understand it could be

16 several minutes different from that -- how long

17 would you estimate it would have taken you to drive

18 from Main Street and Seerley to the accident site?

19 A. Probably between five and eight minutes.

20 Q. Okay. When you got to the accident

21 scene, were the paramedics there?

22 A. Yes, they were.

23 Q. Were any police officers there at that

24 time?

25 A. One other officer was at the scene.

 

Page 18

1 Q. And he was there before you were.

2 A. yes, he was.

3 Q. And was that Mr. Anderson?

4 A. No that was Officer Michael.

5 Q. Was he out of his car by the time you

6 got there or was he just arriving as well?

7 A. I believe he was out of his car and up

8 by the blue Oldsmobile vehicle.

9 Q. Do your reports indicate at what point

10 in time you left the scene? Did you log that in

11 anyplace?

12 A. No, I did not.

13 Q. What is your estimate as to the time

14 that you left the scene?

15 A. I'm thinking around midnight, but I'm

16 not sure.

17 Q. Where did you park when you got there,

18 Miss Venenga?

19 A. I parked on Highway 58 right before the

20 intersection of Greenhill. There was some skid

21 marks on the street and at the time I thought those

22 were involved in the accident, so I blocked that to

23 kind of protect the skid marks.

24 Q. And did you ultimately find those were

25 the long truck skid marks that were created

 

Page 19

1 previously?

2 A. That is correct.

3 Q. With regard to the contact that you had,

4 who was the first person you had contact with?

5 A. It was Mr. Rokes.

6 Q. And where did that contact take place?

7 A. That was on the median area on Greenhill

8 just west of the intersection.

9 Q. And his vehicle came to rest to the west

10 of the intersection; is that correct?

11 A. That is correct.

12 Q. And about -- say you left at around

13 11:04 and it takes five minutes to get there, you

14 would have arrived at about 11:09.

15 A. Right in there, yes.

16 Q. Can you tell me approximately what would

17 have been the time that you originally started to

18 talk to Mr. Rokes?

19 A. It had to have been around, going from

20 this time frame, 11:10 to 11:12.

21 Q. And were you both standing at the time

22 of the conversation?

23 A. Yes.

24 Q. Where was his wife in relationship to

25 Mr. Rokes during that conversation?

 

Page 20

 

1 A. She was next to him.

2 Q. How long did you talk to him?

3 A. Probably less than a minute.

4 Q. And what -- did you initiate the

5 conversation or did he?

6 A. I initiated the conversation.

7 Q. And what were -- by making reference to

8 your report, if you certainly wish to, what did he

9 tell you about the incident at that time?

10 A. That he was driving on Greenhill.

11 Q. What else did he tell you?

12 A. I'll have to refer to my report. I also

13 asked him if he was the driver, and he said that he

14 was. He said he didn't see the other car until the

15 last second, and by that time it was too late.

16 Q. Did he say anything else to you?

17 A. No, he did not.

18 Q. Did you ask him anything else?

19 A. I didn't ask him anything, no.

20 Q. Was anybody there besides just you,

21 Mr. Rokes and his wife? I mean in the immediate

22 area?

23 A. No.

24 Q. No one would have overheard your

25 conversation, your questions to him and his answers

Page 21

1 back, is what I'm asking.

2 A. I don't believe so, no.

3 Q. As that point in time, then where did

4 you go?

5 A. I went up to where the blue Oldsmobile

6 was at, where the fire paramedics and the other

7 officer was at.

8 Q. And how long did you stay up at that

9 Oldsmobile?

10 A. Anywhere from 10 to 15 minutes.

11 Q. When you got to the Oldsmobile -- what

12 did you say, 5 to 15 minutes or 10 to 15 minutes?

13 A. 10 to 15 minutes maybe.

14 Q. When you got up to that Oldsmobile, had

15 any of the people been -- the occupants of that

16 vehicle been taken out?

17 A. No, they were working on the back seat

18 passenger when I was up at the vehicle, getting her

19 out.

20 Q. While you were up there, what was your

21 purpose or what were you doing there?

22 A. I was using my flashlight to assist with

23 the firemen. I also helped pull one of the back

24 boards out with someone who I believe was the back

25 seat passenger on it.

 

Page 22

1 Q. Did you hear any of the occupants of

2 that car say anything? Of the Olds.

3 A. I heard the driver saying something, but

4 I don't know what she was saying. She was

5 screaming something. It was hard to hear. Hard to

6 understand.

7 Q. Would that 10 or 15 minutes basically

8 have been involved with you assisting paramedics

9 and fire department personnel?

10 A. Yes. Getting all three of them out of

11 the vehicle.

12 Q. Did you in that 10- to 15-minute period,

13 did you proceed t interview any witnesses?

14 A. No, I did not.

15 Q. did you ever interview any witnesses at

16 the scene?

17 A. No, I did not.

18 Q. What were you doing when Mr. Wilson

19 arrived?

20 A. I believe -- I'm not sure -- I was still

21 up by the Oldsmobile.

22 Q. What did you do after you got done at

23 the Oldsmobile?

24 A. I met and talked with Officer Michael.

25 Q. And were did that conversation take

 

Page 23

1 place?

2 A. That was on the shoulder in the street

3 area of Greenhill and Highway 58, right in front

4 of -- or a few feet away from the blue Oldsmobile,

5 in front of it.

6 Q. And how long did you talk to him?

7 A. Possibly a minute.

8 Q. And what was the nature of that

9 conversation?

10 A. He said he was told by witnesses that --

11 he also suspected the drive, Mr. Rokes, was

12 intoxicated, that he was going to follow the

13 ambulance up to the hospital. He also told me at

14 that time that he had the names of the witnesses,

15 that he had talked to witnesses.

16 Q. What did you do next?

17 A. I believe at that time that's when I

18 went and met with Sergeant Wilson, who was just

19 approaching the scene. And Sergeant Liljegren

20 also.

21 Q. Did you have any additional

22 information -- did you get any additional

23 information from Mr. Michael, other than just what

24 you have give us?

25 A. No.

 

Page 24

1 Q. Isn't it a fact that he indicated --

2 Mr. Michaels indicated to you that he suspected

3 Mr. Rokes was drinking, not -- he didn't say that

4 he was intoxicated?

5 A. That he was drinking, yes. That is

6 correct.

7 Q. And de did not use the term

8 intoxicated?

9 A. No.

10 Q. -- nor under the influence, did he?

11 A. No.

12 Q. And in your report, which I've read,

13 there is no indication by you that you concluded

14 that Mr. Rokes was intoxicated or under the

15 influence, isn't that correct.

16 A. That's correct.

17 Q. Did you do this report all at one time?

18 A. No, I did not.

19 Q. Is the amount of time that you saw

20 Mr. Rokes at the accident scene that one minute

21 that you previously described or however long it

22 took?

23 A. (Nods yes.)

24 Q. You have got to say yes or no.

25 A. I'm sorry. What was the question?

 

Page 25

1 Q. Let me say, I only said that -- I'm not

2 trying to tell you what to answer. But if you just

3 not your head, she doesn't -- she wants a verbal

4 response.

5 A. Okay.

6 Q. And I guess what I'm trying to make

7 clear in my own mind is that's the only

8 conversation that you had with Mr. Rokes at the

9 scene, that approximate minute on the meeting

10 shortly after your arrival.

11 A. That is correct.

12 Q. And you stayed at the scene and helped

13 Mr. Wilson, is that correct, after --

14 A. Sergeant Wilson and Sergeant Liljegren,

15 yes.

16 Q. And what did you do to assist them?

17 A. Sergeant Wilson was taking the

18 measurements at the scene. I assisted holding the

19 tape and helping him out, writing stuff down.

20 Q. Okay. Did you take any of the

21 photographs yourself?

22 A. No, I did not.

23 Q. Is that what Mr. Liljegren did?

24 A. That's correct.

25 Q. And the ambulance records will show what

 

Page 26

1 time the paramedics left, but I think that was

2 about 11:25, 11:23. Does that sound --

3 A. That could be right. I'm not sure.

4 Q. And from then you went to this working

5 with Mr. Wilson, and that would have taken about a

6 half an hour, do you think?

7 A. Roughly, yes.

8 Q. And when you left, did you go to Sartori

9 hospital in your own vehicle?

10 A. In the squad car, yes.

11 Q. And why did you go to the hospital? Did

12 Mr. Wilson ask you to go?

13 A. After an accident when someone goes to

14 the hospital, the driver -- I was doing the

15 accident report, you need to go to the hospital and

16 talk to the driver. Sergeant Wilson also said he

17 was going to the hospital. So I followed him up or

18 he followed me up.

19 Q. So am I correct then that your purpose

20 in going to the hospital was to talk to

21 Miss Farrell and Mr. Rokes both or just one of

22 them?

23 A. To both of them.

24 Q. When you got to the hospital, Sartori

25 hospital in Cedar Falls, about what time would you

 

Page 27

1 estimate that to be?

2 A. I think that was around midnight. I'm

3 not sure, but --

4 Q. Who did you go in to see first?

5 A. Julie Farrell.

6 Q. And where was she?

7 A. She was in one of the exam rooms.

8 Q. How far away was her exam room from the

9 exam room of Mr. Rokes, if you recall?

10 A. I think they were right next -- right

11 next to each other.

12 Q. Did you notice anything unusual when you

13 came into the hospital?

14 A. Coming into the exam area, I could smell

15 the odor of alcohol, but I don't know which room or

16 where it was coming from.

17 Q. Okay. Did you get there about the same

18 time as Todd Wilson did or --

19 A. Yes.

20 Q. And did you and he walk into the

21 hospital basically together?

22 A. Yes.

23 Q. From the time you walked into the

24 hospital until you got into Julie Farrell's room,

25 about how much time would have gone by?

 

Page 28

1 A. 30 seconds.

2 Q. Went directly to the room right in to

3 see Miss Farrell?

4 A. I believe so, yes.

5 Q. And was she conscious at that time?

6 A. Yes.

7 Q. Was she being attended to by a

8 physician?

9 A. I believe it was a nurse.

10 Q. Okay. And was she conscious?

11 A. Yes.

12 Q. And was she basically alert?

13 A. Yes.

14 Q. Did Mr. Wilson do the questioning or did

15 you?

16 A. Sergeant Wilson.

17 Q. And would that have been because he's

18 the senior and experienced in rank?

19 A. Yes. He was the first one in and he

20 just went directly over and started talking to her.

21 Q. What do you recall Julie Farrell saying

22 in response to the questions of Mr. Wilson?

23 A. She asked where the accident occurred,

24 she was told University -- or Highway 58 and

25 Greenhill. She said it wasn't her fault, she said

 

Page 29

1 she was driving on Highway 58 and somebody plowed

2 into her. She also told us that she was at a

3 friend's house watching movies.

4 Q. Make use of your report if you want to.

5 I'm not trying to make you remember stuff.

6 A. She also -- she was creaming, she was

7 in a lot of pain. She said she had a hard time

8 talking and couldn't move on the hospital bed very

9 much. She needed assistance from the nurse. She

10 said three times she wished she was dead, and then

11 later she stated that she wished the other driver

12 was dead. And she was screaming those thing.

13 That was all I remember from what she said.

14 Q. How long do you think that you were in

15 there with Miss Farrell?

16 A. Not long. A minute and a half maybe,

17 two minutes.

18 Q. Did you specifically ask her anything?

19 A. I did not ask her anything, no.

20 Q. Do you recall her tell to Mr. Wilson

21 when he asked, "Did you see him?" that she said

22 "No, I didn't, I was talking to one of my

23 friends?"

24 A. I don't recall that, no.

25 Q. Do you recall him asking her why she

 

Page 30

1 didn't see the other driver?

2 A. No, I do not recall that.

3 Q. And the report, your six-page report,

4 when did you do your six-page report?

5 A. It's kind of in two parts. The first

6 half I did it after going to the hospital the same

7 night, and then the next half I did it the next

8 night when I came in to work.

9 Q. But as I recall, I didn't notice -- it's

10 not really divided into two different reports, is

11 it?

12 A. No. It's just the dates and times,

13 Q. If Mr. Wilson testified in his

14 deposition that she told him that she didn't see

15 the Rokes vehicle, that's why she didn't take

16 evasive action is because her head was turned and

17 she was talking to a friend, would you dispute that

18 testimony by Mr. Wilson.

19 A. I would not dispute that, no.

20 Q. Now that I say that, does that jog your

21 memory at all?

22 A. It doesn't ring any bells, no.

23 Q. Where you curious in your own mind why

24 there was no evasive action taken by her?

25 A. Yes, I was.

 

Page 31

1 Q. Are you aware that from your

2 investigation and subsequent investigation, that

3 she did not take any evasive action?

4 A. From looking at the vehicles and the

5 damage, she did not take any evasive action.

6 Q. From looking at the vehicles and what

7 Mr. Rokes told you, did he take any evasive action?

8 A. No.

9 Q. Is there any -- was there any indication

10 that he turned his vehicle one way or the other?

11 A. I don't -- no.

12 Q. When you left the Farrell room, was she

13 in the presence of Carol Eastman, the nurse?

14 A. There was a nurse in there. I do no

15 know what her name was.

16 Q. Was it agreed that you folks would set

17 up a time -- a future time later that week to talk

18 to her?

19 A. Yes.

20 Q. And would it be fair to say that when

21 you left her room, it was your expectation that she

22 would recover from those injuries?

23 A. Yes.

24 Q. And did the nurse also inform you that

25 she -- it was her expectation that she would recover

 

Page 32

1 from the injuries?

2 A. We were told that she had a few broken

3 ribs. That was the only thing we were told. So

4 yes.

5 Q. Was it discussed with you as to when it

6 was anticipated that she would be released from the

7 hospital?

8 A. No.

9 Q. When you went from the Farrell room,

10 where did you go?

11 A. To a small lounge at the end of the

12 hallway.

13 Q. And what did you do in that lounge?

14 A. I spoke with Julie Farrell's mother.

15 Q. Had she arrived after you and Mr. Wilson

16 arrived at the hospital?

17 A. I do not know.

18 Q. And what was your purpose in speaking

19 with Julie Farrell's mother?

20 A. Just to tell her that we would be in

21 contact with them to find out her home address and

22 phone number and basic information about Julie.

23 Q. And how would you describe

24 Mrs. Farrell's condition at that time?

25 A. She was upset, she was just getting off

 

Page 33

1 the phone when we walked in, which she wasn't

2 crying or anything. She answered the questions

3 that I asked her.

4 Q. Was Mr. Farrell there?

5 A. No.

6 Q. Did he ever arrive while you were there?

7 A. No.

8 Q. Mr. Farrell, Julie' father.

9 A. No.

10 Q. With that -- after that conversation

11 took place, then where did you go?

12 A. We were on our way to the other exam

13 room where the Rokes were at.

14 Q. And did something happen while they

15 were --

16 A. They were coming -- they wee being

17 released at the same time, so we met in the

18 hallway.

19 Q. The Rokeses?

20 A. Yes.

21 Q. And what happened then?

22 A. Sergeant Wilson asked Mr. Rokes some

23 questions.

24 Q. Okay. And where did those questions -

25 where were those asked?

 

Page 34

1 A. There was a desk, like a nurse's

2 station, and were were right around that desk area in

3 the hallway.

4 Q. Were you ever in the emergency room with

5 Mr. Rokes?

6 A. No.

7 Q. Who did the questioning or have the

8 conversation with Mr. Rokes?

9 A. Sergeant Wilson started it.

10 Q. And what do you recall Mr. Wilson asking

11 Mr. Rokes?

12 A. He asked him something about, "What

13 happened tonight?" or , "Can you tell me what

14 happened tonight?"

15 Q. And where you in a position to hear

16 Mr. Rokes's answer?

17 A. Yes.

18 Q. And what did he answer?

19 A. he said he had one too many to drink.

20 Q. And where did you think that

21 conversation took place?

22 A. This was next to the nurse's station or

23 check-in in the hallway.

24 Q. Were you ever present in a room with

25 Mr. Wilson, Mr. Rokes and Dr. Robitaille?

 

Page 35

1 A. I don't believe so, no.

2 Q. Do you believe it would be possible that

3 you could be in error about that?

4 A. I could. I don't think I was. I don't

5 remember being in a room,

6 Q. Did you the take Mr. and Mrs. Rokes

7 home?

8 A. Yes.

9 Q. Did you ask any questions of Mr. Rokes

10 or hear him say anything else in the hospital other

11 than what you just repeated?

12 A. He also said the direction of travel he

13 was going, he was going west on University and

14 Greenhill. He also -- I'm sorry. On Greenhill

15 Road. He also stated that his light was green at

16 the time, not flashing.

17 Q. Did he -- was he alert?

18 A. Yes.

19 Q. Was he cooperative?

20 A. Yes.

21 Q. And would it -- it is correct that you

22 never made any indication in your report that you

23 typed that night, nor the next night, that he

24 was under the influence or intoxicated; is that

25 correct?

 

Page 36

1 A. The only thing I indicated in my report

2 was I smelled the odor of alcohol.

3 Q. And as part of your training, I assume

4 you were told that -- you're instructed to write

5 complete reports and include relevant material in

6 the report?

7 A. Yes.

8 Q. And if you were of the opinion that he

9 was intoxicated, or under the influence, you would

10 have included that in those reports, would you not?

11 A. Yes.

12 Q. And the fact that you did not include

13 that, a fair reading of that is that you didn't

14 have that opinion/ isn't that a fact?

15 A. That is correct.

16 Q. And when you left, did you go in your --

17 the same squad car you had been on duty in earlier?

18 A. Yes.

19 Q. Do you recall where you took them on the

20 way home? Or doe you recall were you took them

21 home?

22 A. Yes.

23 Q. And where was that?

24 A. I believe 2622 Ryan Drive.

25 Q. Did they seem to be concerned about what

 

Page 37

1 had happened?

2 A. I did not hear any conversations between

3 them on the way home.

4 Q. Did you engage them in any conversation?

5 A. No. And basically I told them that when

6 we arrived at their house, that I'd be in contact

7 with them to exchange driver information and

8 possibly get a statement.

9 Q. Would it be fair to say that when you

10 let them off at your home -- or their home, that

11 the -- your opinion was that this was a personal

12 injury accident and that at tome future date there

13 would probably be a traffic citation?

14 A. Yes.

15 Q. Are you aware that there are two tests

16 that were done?

17 A. Yes.

18 Q. And are you aware of what those results

19 are?

20 A. Yes.

21 Q. And would you tell me what your

22 understanding of the results are?

23 A. From the Sartori blood test, the alcohol

24 concentration was .120, and I believe the DCI crime lab

25 was .079.

 

Page 38

1 Q. Do you have an opinion or feel you know

2 which one of those two tests are correct?

3 A. No.

4 Q. Would it be fair to say that if you felt

5 that Mr. Rokes was intoxicated or under the

6 influence on the early morning hours of October 4,

7 you would have put him under arrest?

8 A. Possibly I would not have, but another

9 officer would have.

10 Q. Okay. And you didn't ask any other

11 officer to put him under arrest, did you?

12 A. No.

13 Q. And if you had thought he should have

14 been place under arrest for intoxication, either

15 you would have done it or you would have asked

16 another officer to do it; is that correct?

17 A. Typically when there is an accident and

18 possibly an OWI involved, the officers split it up

19 for the paperwork purposes.

20 Q. Okay. But I guess my point is that

21 ultimately on that night you or another officer

22 would have arrested him for OWI --

23 A. Yes.

24 Q. --if you had thought there was cause;

25 is that correct?

 

Page 39

1 A. Yes.

2 Q. Have your read Mr. Baskerville's

3 report?

4 A. No, I have not.

5 Q. Do you have any understanding -- not

6 understanding. Do you have any information about

7 the speed of the two vehicles at the time of

8 impact?

9 A. Sergeant Wilson told me a few months

10 ago, but I do not remember the speeds.

11 Q. Are you aware that the reconstruction

12 study shows that Mr. Rokes was not speeding?

13 A. Yes.

14 Q. Are you aware that if he was going

15 45, that the reconstruction places the Farrell

16 vehicle at 63 miles per hour?

17 A. I knew it was a little bit above.

18 Q. Do you have any reason to disagree with

19 that conclusion as I have given it to you?

20 A. I have no reason, no.

21 Q. Did you check the Rokes vehicle at the

22 scene before it was removed?

23 A. What do you mean checked?

24 Q. Just by looking with your flashlight to

25 see if there were like any alcohol containers or

 

Page 40

1 things like that?

2 A. Yes.

3 Q. Did you find any?

4 A. No alcohol containers, no.

5 Q. Did you find any indication that alcohol

6 had been consumed in the Rokes vehicle that

7 evening?

8 A. No.

9 Q. have you ever been involved in the

10 investigation of other accidents on Greenhill and

11 highway 58?

12 A. One other accident.

13 Q. And about when would that one have been?

14 A. It was during my field training, when I

15 was with the field training officer, within the

16 first few months of employment.

17 Q. And can you tell me a little bit,

18 Miss Venenga, what happened on that one.

19 A. I think similar circumstances, someone

20 ran a flashing red light, struck another vehicle.

21 Q. And which way were they coming from?

22 A. they were coming west. They were going

23 west. Went through the flashing red light, struck

25 another vehicle that was going -- I believe that

25 vehicle was going north.

 

Page 41

1 Q. And that would have been sometime after

2 you came on duty at 10:15 and the lights went to --

3 A. Yes.

4 Q. -- flash?

5 A. Yes.

6 Q. MR.CORRELL: If you will excuse me

7 about five minutes, three minutes. I don't know

8 that I have any other questions. I would like to

9 have time just a moment.

10 A. THE WITNESS: That's fine.

11 (Recess(

12 MR. CORRELL: I have no further

13 questions, Officer.

14 MR. WADDING: I just have one.

15

16 CROSS-EXAMINATION

17 BY MR. WADDING:

18 Q. Officer Venenga, you noticed when

19 Mr. Correll stepped out of the room that I had

20 another report pulled; is that correct?

21 A. That is correct.

22 Q. And did you recognize that?

22 A. Yes.

24 Q. And what did you recognize that as?

25 A. That was a report that I made when I was

 

Page 41

1 checking the calls for service, and there was

2 another subject that called as a witness to the

3 accident and her information was on the calls for

4 service.

5 Q. Okay.

6 A. I just passed that along to you.

7 Q. So you did write another report, albeit

8 a very small one?

9 A. Another report, yes.

10 MR. WADDING: Okay. That's all I have

11

12 REDIRECT EXAMINATION

13 BY MR. CORRELL:

14 Q. Is that when Miss Abels, Amy Abels

15 called you?

16 A. I believe so. Yes.

17 MR. CORRELL: Okay. Thank you.

18 (Deposition concluded at 2:15 p.m.)

update 12/15/16