WITNESS: WAITRESS D 11 HEARING OFFICER: Could you state your 12 name for the record, please. 13 THE WITNESS: Waitress D. 14 HEARING OFFICER: Waitress D, she's going 15 to be taking down everything you say so you're 16 going to have to say it loud enough for her to 17 hear, and you're going to have to make a verbal 18 response. May I ask you to raise your right 19 hand, please. 20 (The witness was administered the oath by the 21 Hearing Officer.) 22 DIRECT EXAMINATION 23 BY MR. DUNN: 24 Q Now, Waitress D, Counsel has reached an agreement KELLY J. OWENS, COURT REPORTER (518) 798-6598 kjosteno@nycap.rr.com 444 Witness: Waitress D - Direct Examination 1 and the Hearing Officer has allowed us to do this, 2 that, because you were a minor in 2004, we're going 3 to ask you questions today calling you Waitress D, 4 but the transcript is going to reflect simply 5 Waitress D. Okay? 6 A Okay. 7 Q So there is no public record of who you are -- 8 identifying who you are in connection with this. Is 9 that fair enough? 10 A Yes. 11 Q And even though I ask you questions using your name, 12 your name is not going to appear in that transcript. 13 A Okay. 14 Q Now, you've told us your name is Waitress D? 15 A Yes. 16 Q And do you go to school, Waitress D? 17 A Yes. 18 Q Where do you go to school? 19 A Corinth. 20 Q Corinth High School? 21 A Yes. 22 Q Are you a senior this year? 23 A Yes. 24 Q In 2004, how old were you? KELLY J. OWENS, COURT REPORTER (518) 798-6598 kjosteno@nycap.rr.com 445 Witness: Waitress D - Direct Examination 1 A Fourteen or 15. 2 Q Okay. What grade was that? 3 A Tenth. No. Ninth. 4 Q Ninth grade. And so you were 14 or 15? 5 A Uh-huh. 6 Q And were you working at a restaurant here in town 7 called Jack's Restaurant? 8 A Yes. 9 Q What were you doing at Jack's Restaurant? 10 A I was a bus girl and then I became a waitress. 11 Q And do you know a person by the name of Trevor 12 Downie? 13 A Yes. 14 Q He was the owner of Jack's Restaurant? 15 A Yup. 16 Q Did you work at Jack's Restaurant before he became 17 an owner? 18 A Yes. 19 Q That was for Mr. Lawrence? 20 A Yes. 21 Q Okay. And so after Mr. Lawrence took over, you 22 continued to work there? 23 A Yes. Well -- 24 Q After Mr. Downie took over, you continued to work KELLY J. OWENS, COURT REPORTER (518) 798-6598 kjosteno@nycap.rr.com 446 Witness: Waitress D - Direct Examination 1 there? 2 A Yes. 3 Q Now, did you ever observe Mr. Downie or just -- with 4 you personally, did Mr. Downie ever do anything to 5 you, either touch you inappropriately or say 6 inappropriate things to you? 7 MS. HAYNES: I'm going to object. Can we 8 have a time frame? 9 Q In 2004. 10 A Yes. 11 Q What did Mr. Downie do? 12 A Well, he always, like rubbed my back and touched my 13 butt, like when he was walking by. 14 Q I'm sorry? 15 A Touched my behind. 16 Q When he would walk by you? 17 A Yes. And sometimes he would like tell me that we 18 are going to run away to like some island and I 19 didn't need to pack any bags. All I needed was a 20 bikini. Stuff like that. 21 Q Did that make you feel uncomfortable? 22 A Yes. 23 Q Did you tell anyone this? 24 A Just like -- I had a couple of friends that worked KELLY J. OWENS, COURT REPORTER (518) 798-6598 kjosteno@nycap.rr.com 447 Witness: Waitress D - Direct Examination 1 there with me and I asked them if he did the same 2 kind of thing, and they said he touched them kind of 3 like that, too. 4 Q And who were your couple of friends that worked 5 there? 6 A Waitress C. 7 MR. DUNN: Can we refer in the transcript 8 to Waitress C. Is that appropriate? 9 HEARING OFFICER: Certainly. 10 MS. HAYNES: Yes. 11 A Waitress BV. 12 MR. DUNN: Can we refer in the transcript 13 to Waitress BV? 14 A Waitress DF. 15 MR. DUNN: Can we refer to that waitress 16 as Waitress DF? 17 HEARING OFFICER: Certainly. 18 MS. HAYNES: That's fine. 19 Q These were three other friends of yours who were 20 working at Jack's Restaurant at the same time? 21 A Yes. 22 Q How old were they at the time? 23 A The same age as me. Well, Waitress BV was a year 24 older than me and Waitress DF was a year younger. KELLY J. OWENS, COURT REPORTER (518) 798-6598 kjosteno@nycap.rr.com 448 Witness: Waitress D - Direct Examination 1 Q And they reported to you that he was touching them 2 in similar ways? 3 A Yeah. They said that he was, like weird and made 4 them feel uncomfortable. 5 MR. DUNN: Is this your fiance? 6 THE WITNESS: Yes. 7 Q They said they found him weird? 8 A Yes. 9 Q Did they say other things? 10 A That he rubbed their back and touched their behind, 11 too. 12 Q And did you ever witness him doing anything -- other 13 than them telling you that he had done this, did you 14 ever witness him doing it to anybody other than 15 yourself? 16 A I never paid much attention. 17 Q Did you tell anyone about this, other than your 18 three other waitress friends? Did you ever complain 19 to anybody or report it to anybody? 20 A My brother. And that's when I quit. He made me 21 quit. 22 Q Your brother made you quit? 23 A Yes. 24 Q How old is your brother? KELLY J. OWENS, COURT REPORTER (518) 798-6598 kjosteno@nycap.rr.com 449 Witness: Waitress D - Direct Examination 1 A He's 24 now. 2 Q So at the time he was 21 or so? 3 A Twenty-one. Yeah. 4 Q And do you know when that was? 5 A When he made me quit? 6 Q Yes. 7 A In August -- end of August in 2005, I believe. 8 Q Now, how long did you work at Jack's for? It was 9 from when Mr. Lawrence owned it all the way up to 10 August of 2005? 11 A From June of '04 to August '05. 12 Q And how many times did Mr. Downie touch you in an 13 inappropriate way? 14 A Probably every time I worked. 15 Q Okay. And did it make you feel uncomfortable? 16 A Yes. 17 Q And you shared this with other co-workers? 18 A Yes. 19 Q Did you ever tell Chief Kane this, or Officer Somma 20 this? 21 A No. 22 Q Or Officer Longton this? 23 A No. 24 Q The only person you told, other than your three KELLY J. OWENS, COURT REPORTER (518) 798-6598 kjosteno@nycap.rr.com 450 Witness: Waitress D - Direct Examination 1 waitress friends, was your brother and he 2 immediately convinced you to quit? 3 A Yes. 4 MR. DUNN: Nothing further. Thank you 5 very much. There may be some follow-up 6 questions. 7 MS. HAYNES: Just a couple. 8 CROSS-EXAMINATION 9 BY MS. HAYNES: 10 Q Waitress D, I'm Eileen Haynes. I represent the 11 Village. We met earlier. You worked at Jack's from 12 2004 until August of 2005; is that right? 13 A Yes. 14 Q And you testified that, pretty much every time you 15 worked there, Mr. Downie did something that made you 16 feel uncomfortable; is that right? 17 A Yes. 18 Q He touched you in some way that made you feel 19 uncomfortable? 20 A (Witness nods her head up and down.) 21 Q And, other than discussing it with your friends, you 22 didn't tell Officer Longton about this, did you? 23 A No. 24 Q Did you know Officer Longton before August of 2005? KELLY J. OWENS, COURT REPORTER (518) 798-6598 kjosteno@nycap.rr.com 451 Witness: Waitress D - Cross-Examination 1 A No. 2 Q Did he come into the restaurant, at all? 3 A I don't know. 4 Q Would police officers come into the restaurant from 5 time to time -- 6 A Yes. 7 Q -- and have coffee or lunch or something? 8 A Yes. 9 Q And would that happen on times when you were 10 working? 11 A I'm sure. 12 Q And during any of those times, you never reported 13 any kind of inappropriate behavior -- 14 A No. 15 Q -- from Trevor Downie? 16 A No. 17 Q Okay. And you never filed any kind of criminal 18 complaint about Trevor Downie with the Corinth 19 Police Department? 20 A No. 21 Q And you never filed any kind of criminal complaint 22 about Trevor Downie with any other police 23 department? 24 A No. KELLY J. OWENS, COURT REPORTER (518) 798-6598 kjosteno@nycap.rr.com 452 Witness: Waitress D - Cross-Examination 1 Q Or law enforcement agency? 2 A (The witness shakes her head back and forth.) 3 Q No? 4 A No. 5 Q Do you know Chief Kane? 6 A Was that the guy that was -- 7 Q Before you saw him today, did you know him? 8 A Kind of. I knew who he was. 9 Q From being around the town? 10 A Yes. 11 Q Okay. You testified that you reported this to your 12 brother in or about August of 2005; is that right? 13 A Yes. 14 Q And what did your brother do when he heard this 15 information? 16 A He told me that I couldn't work there anymore. And 17 I told him that I wasn't going to call and tell them 18 that I quit, so he did. And then Trevor kept 19 calling me all weekend trying to change my mind and 20 stuff. But my brother wouldn't let him talk. He 21 just said, no, she is done. 22 Q When your brother made the phone call to Mr. Downie 23 to tell him that you had quit, were you present when 24 he made that phone call? KELLY J. OWENS, COURT REPORTER (518) 798-6598 kjosteno@nycap.rr.com 453 Witness: Waitress D - Cross-Examination 1 A Yes. 2 Q And, from your end of the conversation, did your 3 brother say anything to Mr. Downie about his 4 behavior toward you during that phone call? 5 A He said that it was really inappropriate and he 6 shouldn't be touching girls like that, so -- 7 Q To your knowledge, did Waitress C ever make a 8 complaint to Chief Kane or any of the officers at 9 the Corinth Police Department? 10 A I don't think so. 11 Q To your knowledge, did Waitress BV or Waitress DF 12 ever make a complaint to the Corinth Police 13 Department? 14 A I know Waitress DF didn't. I'm not sure if Waitress 15 BV did. I think she wanted to, but I don't know if 16 she did. 17 Q Do you know if any of your friends ever spoke to 18 Jason Longton about any of the activities? 19 A I don't know. 20 MS. HAYNES: Thank you. I don't have 21 anything further. 22 HEARING OFFICER: Any redirect? 23 MR. DUNN: That's all. 24 HEARING OFFICER: Thank you. You're all KELLY J. OWENS, COURT REPORTER (518) 798-6598 kjosteno@nycap.rr.com 454 Witness: Waitress D - Cross-Examination 1 set. 2 (The witness was excused.)