(May 9, 1997)
See also: Diane Venenga
See also: Diane Venenga Criminal Trial
1 DIANE VENENGA,
2 being processed, sworn as hereinafter certified and
3 examined on behalf of the Defendant, testifies as
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
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.
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
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
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
24 A. I worked in the jail only.
25 Q. Would it be fair to say in that capacity
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
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
23 A. I went to second shift for one month
24 during field training exercises.
25 Q. With regard to the employment with the
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
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
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
2 A. Yes, typically.
3 Q. And was that the situation in all eight
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
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
1 you've processed before, where any of those eight
2 people videotaped at the Cedar Falls Police
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
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
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
9 A. I believe it was Captain Lashbrook.
10 Q. Were you riding by yourself at that
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
18 A. That night I was in Area 3, which is the College Square area.
19 Q. What are the general dimensions of that
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
1 would you go?
2 A. To the south it would be Highway 20
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
8 Q. Okay. Why don't you tell me what you
9 recall about how you first learned about this
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
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
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.
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
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
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
25 A. I was the first unit dispatched to it.
1 I was the first one that they called to go to the
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
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
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
21 Q. Okay. And when you -- the two
22 statements you took, those were --first, who were
24 A. Delonna Rokes and Christina Hill.
25 Q. And those were taken on what dates?
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
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
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
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?
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
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
25 A. One other officer was at the scene.
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
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
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?
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
23 A. No.
24 Q. No one would have overheard your
25 conversation, your questions to him and his answers
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
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
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.
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
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
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
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
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
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.
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
7 Q. And de did not use the term
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
23 A. (Nods yes.)
24 Q. You have got to say yes or no.
25 A. I'm sorry. What was the question?
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
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,
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
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
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
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?
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
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
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
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
24 A. I don't recall that, no.
25 Q. Do you recall him asking her why she
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
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.
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
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
5 Q. Was it discussed with you as to when it
6 was anticipated that she would be released from the
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
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
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
19 Q. The Rokeses?
20 A. Yes.
21 Q. And what happened then?
22 A. Sergeant Wilson asked Mr. Rokes some
24 Q. Okay. And where did those questions -
25 where were those asked?
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?
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
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
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
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
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
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.
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?
1 A. Yes.
2 Q. Have your read Mr. Baskerville's
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
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
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
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.
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.
12 MR. CORRELL: I have no further
13 questions, Officer.
14 MR. WADDING: I just have one.
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
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
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
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.)