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| Fossington Worker's CompensationBuy steno drill CDs at StenoDrills.com THE REFEREE: On the record. After these witnesses that the claimant is going to present today, what is the status of the record going to be? MR. KALDER: We have done our deposition. I believe the defendant still has one to do. I also have objections. THE REFEREE: Are you going to rest today? MR. KALDER: Yes. I also have objections to the deposition. THE REFEREE: This is an upcoming deposition? MR. KALDER: No. One that has already been taken. THE REFEREE: You are just memorializing this for the record? MR. KALDER: Yes. THE REFEREE: Okay. We'll make a part of the record Claimant's Exhibit 8, the objections. (At this time Claimant's Exhibit No. 8 was marked for identification.) THE REFEREE: What deposition do you have left, Mr. Mendoza? MR. MENDOZA: The deposition of Dr. Gladys Fine scheduled for April 14. THE REFEREE: Who is that person? MR. MENDOZA: She is a psychiatrist that examined the claimant. THE REFEREE: Anything else after that? MR. MENDOZA: If the claimant is going to be on, there are some ongoing investigations I would like to status from the Pennsylvania State Police and at the Bureau of Alcohol, Tobacco and Firearms. THE REFEREE: Well, get that, and decide whether there is anything else you need. You want to call your witness. MR. KALDER: I call Steven Fossington. STEVEN FOSSINGTON WAS CALLED, AND HAVING BEEN DULY SWORN, WAS EXAMINED AND TESTIFIED AS FOLLOWS: DIRECT EXAMINATION BY MR. KALDER: Q. Tell us your name please. A. Patrolman Steve Fossington. Q. Mr. Fossington, are you employed? A. Yes, I am. Q. By whom? A. Currently now, the Cardale Police Department. Q. I direct your attention to August 31, 1990. Where were you employed at that time? A. At Langley Police Department, the next borough. Q. As a police officer, you were employed? A. Yes. Q. On that occasion, were you called to the scene of an incident involving Todd Weintraub? A. Yes, I believe it was August 30, 31, around there. Q. Around midnight? A. It was after midnight, around 3:44 in the morning, approximately around there. Q. How did you come to be called to the scene? A. Mr. Weintraub radioed me through the radio in the cars and asked for assistance right away. He needed help in the alley behind Simmons Bar. Q. Did you come immediately? A. Yes. I was about two minutes away. I was on Spring Garden. Q. Was anyone with you when you went to the scene? A. No. Q. Incidentally, you are here under subpoena today, are you not? A. Yes. Q. What was Mr. Weintraub' condition when you saw him? A. When I saw him, Mr. Weintraub was out of the vehicle standing, holding his head and eyes. Q. You are indicating he had both hands over his head and eyes. A. Yes. Q. Go on. A. I tried talking to Mr. Weintraub; and he seemed not to hear me, and he was confused at the time. He did state to me that somebody threw some type of bomb in the car. And I quick-searched the area of the alley there to see if I could find anybody, and I couldn't come up with anything. Q. What was the physical appearance of his eyes at that time? A. His face was red and swollen and so forth. Q. Did he go to the hospital? A. Yes. I took him to the Cardale State Hospital. Q. You took him? A. Yes, I did. Q. Did anyone else take him? A. No. Q. Did you stay with him at the hospital? A. Yes, I did. Q. Was anyone else with him at the hospital other than you? A. No, just myself. I had to take his weapon and so forth when he was being treated. Q. Mr. Martin indicated that he was there on this occasion. Was he, in fact, there? A. Well, in the process before I took Mr. Weintraub to the hospital, I called the center and notified them of what took place and to call their chief out, Mr. Martin, and inform him about the incident that I was taking Mr. Weintraub to the Cardale Hospital. Q. Was the only communication with Mr. Martin over the phone? A. At the hospital, yes. He called at the ER, emergency room. Q. So Officer Martin had nothing to do with Mr. Weintraub at the Cardale Hospital; is that correct? A. Not that I can recall. Q. Now, do you know when the investigation began of this incident? A. The only investigation that I know of was right away. It was after I brought Mr. Weintraub home right after the treatment. I went to show where the incident took place; and after that it was about two weeks later. Q. So there was no investigation, other than what you indicated, for two weeks after the incident? A. Yes. Q. What investigative body was brought in two weeks later? A. Area officers volunteered their own time. Q. Were the State Police also brought in at that time? A. At the time, no. Q. How about two weeks later; were they brought in? A. I don't recall talking to anybody from the State Police. Q. Now, was there an incident of a re-creation, an attempted re-creation of this incident? A. Yes, twice. Q. Do you know when those attempts at re-creation were? A. Exactly, the dates, I don't know. Q. Do you know approximately how long after the incident? Was it weeks, months? A. I would say a week and a half to two weeks after. Q. Was Mr. Martin present for the first attempted re-creation? A. No. Q. Was he present for the second attempted re-creation? A. Yes. Q. Were you also present at that time? A. Yes. Q. Did you have an opportunity to read his version of the second re-creation? A. Yes. I looked at part of the deposition. THE REFEREE: Excuse me. We are going to have to go off the record. (At this time the hearing in the above-captioned matter was concluded.) |
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