Preview
FILED: SUFFOLK COUNTY CLERK 11/28/2022 05:31 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1174 RECEIVED NYSCEF: 11/28/2022
Exhibit “10”
FILED: SUFFOLK COUNTY CLERK 11/28/2022 05:31 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1174 RECEIVED NYSCEF: 11/28/2022
1 COUNTY COURT: SUFFOLK COUNTY
INVESTIGATION INTO THE :
3
LIMOUSINE CRASH : June 2016
4
IN CUTCHOGUE, NEW YORK : Grand Jury lF
5
6
Hauppauge, New York
7 June 1, 2016
8
9
G R A N D J U R Y M I N U T E S
10
Special Grand Jury
11
12
13 A P P E A R A N C E S:
14 HON. THOMAS J. SPOTA, ESQ.
Suffolk County District Attorney
15 BY: MARC LINDERMANN, Assistant District Attorney,
of Counsel, for the People
16
17
18 ALSO PRESENT: ADA ELIZABETH MILLER
19
20
21
22
23
24 Wayne Galante
Grand Jury Reporter
25
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1 Indexes
2
3 Index To Witnesses
4 Witness Page
5 PO Robert Copozzi 5
6 Trooper Fabio Daino 43
7
8
9 Index To Exhibits
10
Grand Jury Received in
11 Exhibit Evidence
Number Description Page
12
54-Z CD (video/images) 47
13
55-Z - 82-Z Twenty-Eight images 50
(28)
14
83-Z NYS Police business records 63
15
84-Z Extension Order 4
16
85-Z - 87-Z Three images 79
(3)
17
18
19
20
21
22
23
24
25
FILED:TROOPER SUFFOLK FABIO COUNTY
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1 limousine crash at Depot Lane and Rt. 48 in
2 Cutchogue, Suffolk County, New York.
3 Does everyone here remember this
4 presentation?
5 (Grand Jurors respond in the
6 affirmative).
7 Seeing nods in the affirmative, the
8 People now call Fabio Daino.
9 TROOPER FABIO DAINO is called as a witness by the People
10 and, having been first duly sworn, was examined and
11 testified as follows:
12 (The witness stated his shield number
13 is 394).
14 MR. LINDERMANN: I just note for the record
15 that we have all 18 Grand Jurors here today
16 that were present this morning as well.
17 EXAMINATION BY MR. LINDERMANN:
18 Q. Good morning, Trooper Daino.
19 A. Good morning.
20 Q. Now, Trooper Daino, you testified before this group
21 before?
22 A. I have, sir.
23 Q. And just directing your attention now to on or about
24 May 25th, 2016, at approximately nine o'clock in the
25 morning. Where if anywhere did you report?
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1 A. I reported to Higbie Towing.
2 Q. Where is Higbie located?
3 A. I believe it's Bayshore.
4 Q. What is the purpose of, what was the purpose of your
5 visit to Higbie?
6 A. The visit to Higbie was that he had an exemplar,
7 similar vehicle, a limousine, 2007, that we wanted
8 to look at and take measurements of.
9 Q. With regard to the crash on or about July 18th,
10 2015, what was the year of the limousine involved in
11 that crash?
12 A. 2007.
13 Q. With regard to the exemplar vehicle that you
14 observed on May 25th, 2016, what is the year of that
15 exemplar vehicle?
16 A. 2007.
17 Q. With regard to the vehicle that was involved in the
18 crash, who was the manufacturer of that vehicle?
19 A. Lincoln.
20 Q. With regard to the exemplar vehicle, who was the
21 manufacturer of that vehicle?
22 A. Lincoln.
23 Q. In terms of the vehicle modifier for the vehicle
24 involved in the July 18th, 2015 crash, what company
25 was that?
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1 A. Who did the stretch portion of it, sir?
2 Q. Yes.
3 A. That would be Royale.
4 Q. With regard to the exemplar vehicle, who was the
5 limousine manufacturer that was involved in
6 stretching the exemplar vehicle?
7 A. Royale.
8 Q. What was the purpose of your investigation of this
9 exemplar vehicle?
10 A. Just to take measurements of the disassembled
11 vehicle, in addition to some outside measurements
12 and photographs.
13 Q. Approximately how long were you at the Higbie
14 Collision location?
15 A. A few hours.
16 Q. With regard to the owner of Higbie Collision, are
17 you familiar with a Charles Gandolfo?
18 A. Yes, I was told he was the owner of the
19 establishment.
20 Q. And in fact did Mr. Gandolfo make this vehicle
21 available for your inspection and measurements?
22 A. He did, sir.
23 Q. Now, with regard to your activities on May 25th,
24 2016, what, if anything, did you do at Higbie
25 Collision?
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1 A. The vehicle was dismantled by one of his employees
2 and we took measurements and photographs of that
3 vehicle.
4 Q. In addition to measurements and photographs, did you
5 take any video recording of this event?
6 A. Yes.
7 Q. Now, prior to your testimony today did you have the
8 opportunity to review what I have marked as Grand
9 Jury Exhibit number 54-Z for identification
10 purposes, the disc?
11 A. I have, yes, sir.
12 Q. With regard to the items on the disc, what are the
13 items on the disc?
14 A. They are photographs that were taken at the Higbie
15 Towing and the video.
16 Q. Are the photographs that you reviewed prior to your
17 testimony today and the video you reviewed prior to
18 your testimony today fair and accurate
19 representations of your work with the exemplar
20 vehicle on or about May 25th, 2016, at Higbie
21 Collision?
22 A. Yes, sir.
23 Q. Would these images and this video help in your
24 testimony before the Grand Jury today?
25 A. It would.
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1 MR. LINDERMANN: I now move and accept into
2 evidence Grand Jury Exhibit 54-Z.
3 (Compact Disc previously marked Grand
4 Jury Exhibit 54-Z for identification is
5 moved to evidence).
6 And for the benefit Grand Jury I'll
7 initiate the video that appears as the last
8 file on Exhibit 54-Z.
9 Q. Sir, if you would please position your chair so
10 you'll be able to see the video itself.
11 A. (Complying).
12 (A video recording is played).
13 Q. Would you please indicate for the record what is
14 playing on the video at this time. I started the
Jurors'
15 video for the Grand viewing pleasure.
16 A. This is just a, the beginning of the video that
17 shows the employee of Higbie Towing disassembling
18 the interior portion of the vehicle.
19 Q. And with regard to the side that the employee is
20 disassembling right now of the exemplar limousine,
21 how does that compare to the side of the limousine
22 that was involved in the 2015 crash?
23 A. He's disassembling the passenger side of the vehicle
24 now, which is the same side as the collision.
25 Q. With regard to the collision in the 2015 crash, what
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1 vehicle if any hit the limousine on that side?
2 A. A 2005 Dodge Dakota.
3 Q. Is that a pick-up truck?
4 A. Yes, sir.
5 Q. Now drawing your attention to the video playing at
6 this moment, what if anything is the employee
7 removing to get to the interior of the side panel?
8 A. He removed some moulding at the top on the headliner
9 and he is removing some screws to have access to the
10 bar which, behind the bar is the body of the
11 vehicle.
"bar,"
12 Q. Just to be clear, when you say do you mean
13 like a length of metal or something else?
14 A. The bar which is just in front of him, which is used
15 for clean glasses and beverages.
16 Q. So just for the record, it's for the service of
17 beverages?
18 A. Yes, sir.
19 Q. At this point what is happening in the video?
20 A. He's preparing to remove the drinking bar from the
21 vehicle.
22 Q. Did you have the opportunity to examine this
23 drinking bar after it was removed from the vehicle?
24 A. I did.
25 Q. . Were you able to examine the back of that drinking
FILED:TROOPER SUFFOLK FABIO COUNTY
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1 bar?
2 A. I did.
3 Q. Directing your attention now to the lower lefthand
4 corner of the video as it is being played, what
5 appears at the bottom of this screen?
6 A. The metal -- a round cylindrical support bar.
7 Q. Given the placement of this particular bar, as well
8 as the drinking bar, the back of the drinking bar
9 that was inserted in the side panel, given the back
10 of the drinking bar's position and depth, would it
11 be possible to install a second bar higher than the
12 bar that appears in this video?
13 A. The bar that I observed that was attached to this
)
14 vehicle was inset into that void, so there was some
15 duct work behind that, the drinking bar, and it sits
16 in that void.
17 Q. So is there any room, the way this is currently
18 configured, for a second bar to be there?
19 A. Not with the way it is currently configured.
20 MR. LINDERMANN: Now I'll stop this exhibit
21 that is being published to the Grand Jury.
22 Q. Now, in addition to the video of the dismantling and
23 measurement of the exemplar limousine, did you and
24 your colleagues take pictures as well?
25 A. Yes, sir.
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1 Q. I'm now going to show you what has been marked for
2 identification purposes as Grand Jury Exhibit
3 Exhibits 55-Z through 82-Z. Now, prior to your
4 testimony here today did you have the opportunity to
5 review these pictures?
6 A. I did, sir.
7 Q. What are these pictures of?
8 A. Pictures of the exemplar limousine, the limousine
9 that we measured on the 25th of May, 2016.
10 Q. Did you personally observe this vehicle and its
11 measurements?
12 A. I did.
13 Q. Are the images that appear on the 55-Z through 82-Z
)
14 a fair and accurate representation of the way that
15 exemplar limousine appeared on the morning of May
16 25th, 2016?
17 A. Yes.
18 Q. Would these images help you in your testimony before
19 the Grand Jury today?
20 A. Yes.
21 MR. LINDERMANN: At this point in time I now
22 move and accept into evidence Grand Jury
23 Exhibits 55-Z through 82-Z.
24 (28 images previously marked Grand Jury
25 Exhibits 55-Z through 82-Z,
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1 respectively, for identification, are
2 moved to evidence).
3 Q. I'm now showing you each of these on the presenter,
4 publishing each one to the Grand Jury, and if you
5 could inform the Grand Jury what they were looking
6 at in each one.
7 Exhibit 55-Z is being presented?
8 A. That is a photograph of the passenger side of the
9 exemplar limousine.
10 Q. 56-Z?
11 A. Another picture of the passenger side of that
12 exemplar limousine.
13 Q. 57-Z?
14 A. That is a picture of the drinking bar of the
15 interior located on the passenger side of the
16 exemplar limousine.
17 Q. Is that the same drinking bar that the Grand Jury
18 observed in the video that is in evidence?
19 A. Yes, it is.
20 Q. Drawing your attention now to what is in evidence as
21 Grand Jury Exhibit 58-Z?
22 A. That is a photograph of the interior of the exemplar
23 limousine with the bar removed, showing the
24 passenger side of the vehicle and the support bar
25 that runs across from one side to the other.
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1 Q. Showing you now Exhibit 59-Z in evidence.
2 A. That is the same picture of the passenger side of
3 that exemplar limousine showing the sheet metal.
4 Q. Drawing your attention now to Exhibit 60-Z in
5 evidence?
6 A. That is just a close-up view of the passenger side
7 of that exemplar limousine.
8 Q. Drawing your attention to the beam that appears
9 going from left to right in the middle of this
10 image, what is that?
11 A. That is a bar from, that runs from the portion of
12 the one pillar to the other pillar, to the pillar
13 toward the rear.
14 Q. What did you do in regard to this bar?
15 A. We took measurements of that bar.
16 Q. Now showing you what is in evidence as Grand Jury
17 Exhibit 61-Z. What is that a picture of?
18 A. It's a photograph of the measurement being taken of
19 that support bar.
20 Q. Now showing you Exhibit 62-Z in evidence. What if
21 anything does this indicate?
22 A. That shows an approximate length of that support
23 bar.
24 Q. What is the approximate length of that bar,
25 according to this image?
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1 A. Approximately 52 inches.
2 Q. Now showing you Exhibit 63-Z in evidence. What does
3 that indicate?
4 A. It's showing the thickness of the support bar.
5 Q. What approximate thickness does it show?
6 A. It's approximately one-and-one-quarter inches.
7 Q. Showing you 64-Z in evidence. What if anything does
8 this show?
9 A. It just shows, it's another photograph of that
10 support bar.
11 Q. Now showing you Exhibit 65-Z in evidence. What does
12 this show?
13 A. The welded bracket that the support bar is welded to
14 or attached to.
15 Q. Did you make a further examination of that bracket?
16 A. I did.
17 Q. And is this one end of the --
18 A. Yes, that would be rear most end of it.
19 Q. Now showing you Exhibit number 66-Z in evidence.
20 What, if anything, does is that show?
21 A. That's a photograph of the frontal portion of that
22 support bar and the bracket.
23 Q. Exhibit 67-Z in evidence?
24 A. That is another photograph of the rear bracket of
25 the support bar.
FILED:TROOPER SUFFOLK COUNTY CLERK 11/28/2022 05:31 PM INDEX NO. 611214/2015
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1 Q. And 68-Z in evidence?
2 A. That is another picture of the bracket toward the
3 front of the support bar.
4 Q. And 69-Z in evidence?
5 A. That is a picture of the support bracket welded to
6 the pillar of the rearmost part of the vehicle.
7 Q. Did you make a further examination of those
8 brackets?
9 A. Yes.
10 Q. Showing you now Exhibit 70-Z in evidence, what if
11 anything does this show?
12 A. We measured the height of the support bracket.
13 Q. What if anything does this indicate?
14 A. It indicates it's approximately two inches in
15 height.
16 Q. Now, with regard to Exhibit 71-Z in evidence, what
17 if anything does this depict?
18 A. That's a photograph of my finger behind the support
19 bracket which shows a void between the sheet metal
20 of the exemplar limousine in comparison to where the
21 bracket reaches.
22 Q. So is it your testimony that this bracket was sort
23 of floating in this space?
24 A. The bracket is welded to the pillar. Can you see in
25 this area, it's welded over here, and then it's, the
FILED:TROOPER SUFFOLK COUNTY CLERK 11/28/2022 05:31 PM INDEX NO. 611214/2015
FABIO DAINO SS
NYSCEF DOC. NO. 1174 RECEIVED NYSCEF: 11/28/2022
1 sheet metal is where the left, the top of my finger
2 is here, this is the outside sheet metal of the
3 vehicle. So there is an empty space in between the
4 actual bracket and the sheet metal.
5 Q. Did you take any measurements of the height of that
6 beam from the ground?
7 A. I did.
8 Q. Did you also, did there come a time when you traced
9 the approximate location of the beam as it would
10 appear on the exterior of the vehicle?
11 A. I did.
12 Q. I'm now going to show you Exhibit 72-Z in evidence.
13 What, if anything, does this show?
14 A. That shows an extension that we put a tape of and it
15 just, it's the same height, it extends the bar so we
16 can take measurements on the outside of the vehicle.
17 Q. Okay, showing you now Exhibit 77-Z in evidence.
18 What if does this show?
anything
19 A. That shows the passenger side of the vehicle with
20 that tape that I just·explained outside and
wrapping
21 through the door and then on the outside of the
22 panel, the panel on the passenger side of that
body
23 vehicle.
24 Q. Showing you now exhibit 82-Z in evidence, what, if
25 anything, does that show?
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1 A. That's just a continuation of that tape on the
2 outside of the body panel of the exemplar limo.
3 Q. So looking at this vehicle and seeing the tape on
4 the exterior of the vehicle, what, if anything, does
5 that tape to the exterior of the vehicle correspond
6 with?
7 A. It corresponds with the support bar on the inside of
8 that panel.
9 Q. Showing you now Exhibit 81-Z in evidence, what if
10 anything does this indicate?
11 A. It shows the measurement from the ground to that
12 support bar.
13 Q. And showing you now exhibit 80-Z in evidence, what
14 is this?
15 A. It's just close-up view of that same photograph.
16 Q. According to this image in evidence, approximately
17 how far off the ground was that side beam?
18 A. The center of the bar is approximately 21-and-a-half
19 inches.
20 Q. Drawing your attention to Exhibit 79-Z in evidence.
21 What if anything does this show?
22 A. That shows the measurement of the vehicle from the
23 ground to the top.
24 Q. Showing you Exhibit 78-Z in evidence.
25 A. That shows, it's just a close-up view of the same
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1 photograph.
2 Q. What, if anything, does it indicate to the height of
3 the top of the vehicle off the ground?
4 A. That it's approximately 59-and-a-half inches off the
5 ground.
6 Q. Did there come a time when you also looked at the
7 interior of a door of this exemplar limousine?
8 A. I did.
9 Q. I'll now show you Exhibit 73-Z in evidence. What,
10 if anything, does this indicate?
11 A. That's the interior, excuse me, that's the passenger
12 side door behind the driver and front passenger
13 compartment.
14 Q. Drawing your attention to the interior of that door,
15 what if anything appears running left to right at
Preview
FILED: SUFFOLK COUNTY CLERK 11/28/2022 05:31 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1174 RECEIVED NYSCEF: 11/28/2022 Exhibit “10” FILED: SUFFOLK COUNTY CLERK 11/28/2022 05:31 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1174 RECEIVED NYSCEF: 11/28/2022 1 COUNTY COURT: SUFFOLK COUNTY INVESTIGATION INTO THE : 3 LIMOUSINE CRASH : June 2016 4 IN CUTCHOGUE, NEW YORK : Grand Jury lF 5 6 Hauppauge, New York 7 June 1, 2016 8 9 G R A N D J U R Y M I N U T E S 10 Special Grand Jury 11 12 13 A P P E A R A N C E S: 14 HON. THOMAS J. SPOTA, ESQ. Suffolk County District Attorney 15 BY: MARC LINDERMANN, Assistant District Attorney, of Counsel, for the People 16 17 18 ALSO PRESENT: ADA ELIZABETH MILLER 19 20 21 22 23 24 Wayne Galante Grand Jury Reporter 25 FILED: SUFFOLK COUNTY CLERK 11/28/2022 05:31 PM INDEX NO.2 611214/2015 NYSCEF DOC. NO. 1174 RECEIVED NYSCEF: 11/28/2022 1 Indexes 2 3 Index To Witnesses 4 Witness Page 5 PO Robert Copozzi 5 6 Trooper Fabio Daino 43 7 8 9 Index To Exhibits 10 Grand Jury Received in 11 Exhibit Evidence Number Description Page 12 54-Z CD (video/images) 47 13 55-Z - 82-Z Twenty-Eight images 50 (28) 14 83-Z NYS Police business records 63 15 84-Z Extension Order 4 16 85-Z - 87-Z Three images 79 (3) 17 18 19 20 21 22 23 24 25 FILED:TROOPER SUFFOLK FABIO COUNTY DAINO CLERK 11/28/2022 05:31 PM INDEX NO. 43 611214/2015 NYSCEF DOC. NO. 1174 RECEIVED NYSCEF: 11/28/2022 1 limousine crash at Depot Lane and Rt. 48 in 2 Cutchogue, Suffolk County, New York. 3 Does everyone here remember this 4 presentation? 5 (Grand Jurors respond in the 6 affirmative). 7 Seeing nods in the affirmative, the 8 People now call Fabio Daino. 9 TROOPER FABIO DAINO is called as a witness by the People 10 and, having been first duly sworn, was examined and 11 testified as follows: 12 (The witness stated his shield number 13 is 394). 14 MR. LINDERMANN: I just note for the record 15 that we have all 18 Grand Jurors here today 16 that were present this morning as well. 17 EXAMINATION BY MR. LINDERMANN: 18 Q. Good morning, Trooper Daino. 19 A. Good morning. 20 Q. Now, Trooper Daino, you testified before this group 21 before? 22 A. I have, sir. 23 Q. And just directing your attention now to on or about 24 May 25th, 2016, at approximately nine o'clock in the 25 morning. Where if anywhere did you report? FILED:TROOPER SUFFOLK FABIO COUNTY DAINO CLERK 11/28/2022 05:31 PM INDEX NO. 611214/2015 44 NYSCEF DOC. NO. 1174 RECEIVED NYSCEF: 11/28/2022 1 A. I reported to Higbie Towing. 2 Q. Where is Higbie located? 3 A. I believe it's Bayshore. 4 Q. What is the purpose of, what was the purpose of your 5 visit to Higbie? 6 A. The visit to Higbie was that he had an exemplar, 7 similar vehicle, a limousine, 2007, that we wanted 8 to look at and take measurements of. 9 Q. With regard to the crash on or about July 18th, 10 2015, what was the year of the limousine involved in 11 that crash? 12 A. 2007. 13 Q. With regard to the exemplar vehicle that you 14 observed on May 25th, 2016, what is the year of that 15 exemplar vehicle? 16 A. 2007. 17 Q. With regard to the vehicle that was involved in the 18 crash, who was the manufacturer of that vehicle? 19 A. Lincoln. 20 Q. With regard to the exemplar vehicle, who was the 21 manufacturer of that vehicle? 22 A. Lincoln. 23 Q. In terms of the vehicle modifier for the vehicle 24 involved in the July 18th, 2015 crash, what company 25 was that? FILED:TROOPER SUFFOLK FABIO COUNTY DAINO CLERK 11/28/2022 05:31 PM INDEX NO. 45 611214/2015 NYSCEF DOC. NO. 1174 RECEIVED NYSCEF: 11/28/2022 1 A. Who did the stretch portion of it, sir? 2 Q. Yes. 3 A. That would be Royale. 4 Q. With regard to the exemplar vehicle, who was the 5 limousine manufacturer that was involved in 6 stretching the exemplar vehicle? 7 A. Royale. 8 Q. What was the purpose of your investigation of this 9 exemplar vehicle? 10 A. Just to take measurements of the disassembled 11 vehicle, in addition to some outside measurements 12 and photographs. 13 Q. Approximately how long were you at the Higbie 14 Collision location? 15 A. A few hours. 16 Q. With regard to the owner of Higbie Collision, are 17 you familiar with a Charles Gandolfo? 18 A. Yes, I was told he was the owner of the 19 establishment. 20 Q. And in fact did Mr. Gandolfo make this vehicle 21 available for your inspection and measurements? 22 A. He did, sir. 23 Q. Now, with regard to your activities on May 25th, 24 2016, what, if anything, did you do at Higbie 25 Collision? FILED:TROOPER SUFFOLK FM3IO COUNTY DAINO CLERK 11/28/2022 05:31 PM INDEX NO. 46 611214/2015 NYSCEF DOC. NO. 1174 RECEIVED NYSCEF: 11/28/2022 1 A. The vehicle was dismantled by one of his employees 2 and we took measurements and photographs of that 3 vehicle. 4 Q. In addition to measurements and photographs, did you 5 take any video recording of this event? 6 A. Yes. 7 Q. Now, prior to your testimony today did you have the 8 opportunity to review what I have marked as Grand 9 Jury Exhibit number 54-Z for identification 10 purposes, the disc? 11 A. I have, yes, sir. 12 Q. With regard to the items on the disc, what are the 13 items on the disc? 14 A. They are photographs that were taken at the Higbie 15 Towing and the video. 16 Q. Are the photographs that you reviewed prior to your 17 testimony today and the video you reviewed prior to 18 your testimony today fair and accurate 19 representations of your work with the exemplar 20 vehicle on or about May 25th, 2016, at Higbie 21 Collision? 22 A. Yes, sir. 23 Q. Would these images and this video help in your 24 testimony before the Grand Jury today? 25 A. It would. FILED:TROOPER SUFFOLK FABIO COUNTY DAINO CLERK 11/28/2022 05:31 PM INDEX NO. 611214/2015 47 NYSCEF DOC. NO. 1174 RECEIVED NYSCEF: 11/28/2022 1 MR. LINDERMANN: I now move and accept into 2 evidence Grand Jury Exhibit 54-Z. 3 (Compact Disc previously marked Grand 4 Jury Exhibit 54-Z for identification is 5 moved to evidence). 6 And for the benefit Grand Jury I'll 7 initiate the video that appears as the last 8 file on Exhibit 54-Z. 9 Q. Sir, if you would please position your chair so 10 you'll be able to see the video itself. 11 A. (Complying). 12 (A video recording is played). 13 Q. Would you please indicate for the record what is 14 playing on the video at this time. I started the Jurors' 15 video for the Grand viewing pleasure. 16 A. This is just a, the beginning of the video that 17 shows the employee of Higbie Towing disassembling 18 the interior portion of the vehicle. 19 Q. And with regard to the side that the employee is 20 disassembling right now of the exemplar limousine, 21 how does that compare to the side of the limousine 22 that was involved in the 2015 crash? 23 A. He's disassembling the passenger side of the vehicle 24 now, which is the same side as the collision. 25 Q. With regard to the collision in the 2015 crash, what FILED:TROOPER SUFFOLK FABIO COUNTY DTdNo CLERK 11/28/2022 05:31 PM INDEX NO. 48 611214/2015 NYSCEF DOC. NO. 1174 RECEIVED NYSCEF: 11/28/2022 1 vehicle if any hit the limousine on that side? 2 A. A 2005 Dodge Dakota. 3 Q. Is that a pick-up truck? 4 A. Yes, sir. 5 Q. Now drawing your attention to the video playing at 6 this moment, what if anything is the employee 7 removing to get to the interior of the side panel? 8 A. He removed some moulding at the top on the headliner 9 and he is removing some screws to have access to the 10 bar which, behind the bar is the body of the 11 vehicle. "bar," 12 Q. Just to be clear, when you say do you mean 13 like a length of metal or something else? 14 A. The bar which is just in front of him, which is used 15 for clean glasses and beverages. 16 Q. So just for the record, it's for the service of 17 beverages? 18 A. Yes, sir. 19 Q. At this point what is happening in the video? 20 A. He's preparing to remove the drinking bar from the 21 vehicle. 22 Q. Did you have the opportunity to examine this 23 drinking bar after it was removed from the vehicle? 24 A. I did. 25 Q. . Were you able to examine the back of that drinking FILED:TROOPER SUFFOLK FABIO COUNTY DAINO CLERK 11/28/2022 05:31 PM INDEX NO. 49 611214/2015 NYSCEF DOC. NO. 1174 RECEIVED NYSCEF: 11/28/2022 1 bar? 2 A. I did. 3 Q. Directing your attention now to the lower lefthand 4 corner of the video as it is being played, what 5 appears at the bottom of this screen? 6 A. The metal -- a round cylindrical support bar. 7 Q. Given the placement of this particular bar, as well 8 as the drinking bar, the back of the drinking bar 9 that was inserted in the side panel, given the back 10 of the drinking bar's position and depth, would it 11 be possible to install a second bar higher than the 12 bar that appears in this video? 13 A. The bar that I observed that was attached to this ) 14 vehicle was inset into that void, so there was some 15 duct work behind that, the drinking bar, and it sits 16 in that void. 17 Q. So is there any room, the way this is currently 18 configured, for a second bar to be there? 19 A. Not with the way it is currently configured. 20 MR. LINDERMANN: Now I'll stop this exhibit 21 that is being published to the Grand Jury. 22 Q. Now, in addition to the video of the dismantling and 23 measurement of the exemplar limousine, did you and 24 your colleagues take pictures as well? 25 A. Yes, sir. FILED:TROOPER SUFFOLK FABIO COUNTY DAINO CLERK 11/28/2022 05:31 PM INDEX NO. 50 611214/2015 NYSCEF DOC. NO. 1174 RECEIVED NYSCEF: 11/28/2022 1 Q. I'm now going to show you what has been marked for 2 identification purposes as Grand Jury Exhibit 3 Exhibits 55-Z through 82-Z. Now, prior to your 4 testimony here today did you have the opportunity to 5 review these pictures? 6 A. I did, sir. 7 Q. What are these pictures of? 8 A. Pictures of the exemplar limousine, the limousine 9 that we measured on the 25th of May, 2016. 10 Q. Did you personally observe this vehicle and its 11 measurements? 12 A. I did. 13 Q. Are the images that appear on the 55-Z through 82-Z ) 14 a fair and accurate representation of the way that 15 exemplar limousine appeared on the morning of May 16 25th, 2016? 17 A. Yes. 18 Q. Would these images help you in your testimony before 19 the Grand Jury today? 20 A. Yes. 21 MR. LINDERMANN: At this point in time I now 22 move and accept into evidence Grand Jury 23 Exhibits 55-Z through 82-Z. 24 (28 images previously marked Grand Jury 25 Exhibits 55-Z through 82-Z, FILED: TROOPER SUFFOLK FABIO COUNTY DAINO CLERK 11/28/2022 05:31 PM INDEX NO. 51 611214/2015 NYSCEF DOC. NO. 1174 RECEIVED NYSCEF: 11/28/2022 1 respectively, for identification, are 2 moved to evidence). 3 Q. I'm now showing you each of these on the presenter, 4 publishing each one to the Grand Jury, and if you 5 could inform the Grand Jury what they were looking 6 at in each one. 7 Exhibit 55-Z is being presented? 8 A. That is a photograph of the passenger side of the 9 exemplar limousine. 10 Q. 56-Z? 11 A. Another picture of the passenger side of that 12 exemplar limousine. 13 Q. 57-Z? 14 A. That is a picture of the drinking bar of the 15 interior located on the passenger side of the 16 exemplar limousine. 17 Q. Is that the same drinking bar that the Grand Jury 18 observed in the video that is in evidence? 19 A. Yes, it is. 20 Q. Drawing your attention now to what is in evidence as 21 Grand Jury Exhibit 58-Z? 22 A. That is a photograph of the interior of the exemplar 23 limousine with the bar removed, showing the 24 passenger side of the vehicle and the support bar 25 that runs across from one side to the other. FILED:TROOPER SUFFOLK COUNTY CLERK 11/28/2022 05:31 PM INDEX NO. 611214/2015 FABIO DAINO 52 NYSCEF DOC. NO. 1174 RECEIVED NYSCEF: 11/28/2022 1 Q. Showing you now Exhibit 59-Z in evidence. 2 A. That is the same picture of the passenger side of 3 that exemplar limousine showing the sheet metal. 4 Q. Drawing your attention now to Exhibit 60-Z in 5 evidence? 6 A. That is just a close-up view of the passenger side 7 of that exemplar limousine. 8 Q. Drawing your attention to the beam that appears 9 going from left to right in the middle of this 10 image, what is that? 11 A. That is a bar from, that runs from the portion of 12 the one pillar to the other pillar, to the pillar 13 toward the rear. 14 Q. What did you do in regard to this bar? 15 A. We took measurements of that bar. 16 Q. Now showing you what is in evidence as Grand Jury 17 Exhibit 61-Z. What is that a picture of? 18 A. It's a photograph of the measurement being taken of 19 that support bar. 20 Q. Now showing you Exhibit 62-Z in evidence. What if 21 anything does this indicate? 22 A. That shows an approximate length of that support 23 bar. 24 Q. What is the approximate length of that bar, 25 according to this image? FILED:TROOPER SUFFOLK EABIO COUNTY DAINO CLERK 11/28/2022 05:31 PM INDEX NO. 53 611214/2015 NYSCEF DOC. NO. 1174 RECEIVED NYSCEF: 11/28/2022 1 A. Approximately 52 inches. 2 Q. Now showing you Exhibit 63-Z in evidence. What does 3 that indicate? 4 A. It's showing the thickness of the support bar. 5 Q. What approximate thickness does it show? 6 A. It's approximately one-and-one-quarter inches. 7 Q. Showing you 64-Z in evidence. What if anything does 8 this show? 9 A. It just shows, it's another photograph of that 10 support bar. 11 Q. Now showing you Exhibit 65-Z in evidence. What does 12 this show? 13 A. The welded bracket that the support bar is welded to 14 or attached to. 15 Q. Did you make a further examination of that bracket? 16 A. I did. 17 Q. And is this one end of the -- 18 A. Yes, that would be rear most end of it. 19 Q. Now showing you Exhibit number 66-Z in evidence. 20 What, if anything, does is that show? 21 A. That's a photograph of the frontal portion of that 22 support bar and the bracket. 23 Q. Exhibit 67-Z in evidence? 24 A. That is another photograph of the rear bracket of 25 the support bar. FILED:TROOPER SUFFOLK COUNTY CLERK 11/28/2022 05:31 PM INDEX NO. 611214/2015 FAEIO DAINO 54 NYSCEF DOC. NO. 1174 RECEIVED NYSCEF: 11/28/2022 1 Q. And 68-Z in evidence? 2 A. That is another picture of the bracket toward the 3 front of the support bar. 4 Q. And 69-Z in evidence? 5 A. That is a picture of the support bracket welded to 6 the pillar of the rearmost part of the vehicle. 7 Q. Did you make a further examination of those 8 brackets? 9 A. Yes. 10 Q. Showing you now Exhibit 70-Z in evidence, what if 11 anything does this show? 12 A. We measured the height of the support bracket. 13 Q. What if anything does this indicate? 14 A. It indicates it's approximately two inches in 15 height. 16 Q. Now, with regard to Exhibit 71-Z in evidence, what 17 if anything does this depict? 18 A. That's a photograph of my finger behind the support 19 bracket which shows a void between the sheet metal 20 of the exemplar limousine in comparison to where the 21 bracket reaches. 22 Q. So is it your testimony that this bracket was sort 23 of floating in this space? 24 A. The bracket is welded to the pillar. Can you see in 25 this area, it's welded over here, and then it's, the FILED:TROOPER SUFFOLK COUNTY CLERK 11/28/2022 05:31 PM INDEX NO. 611214/2015 FABIO DAINO SS NYSCEF DOC. NO. 1174 RECEIVED NYSCEF: 11/28/2022 1 sheet metal is where the left, the top of my finger 2 is here, this is the outside sheet metal of the 3 vehicle. So there is an empty space in between the 4 actual bracket and the sheet metal. 5 Q. Did you take any measurements of the height of that 6 beam from the ground? 7 A. I did. 8 Q. Did you also, did there come a time when you traced 9 the approximate location of the beam as it would 10 appear on the exterior of the vehicle? 11 A. I did. 12 Q. I'm now going to show you Exhibit 72-Z in evidence. 13 What, if anything, does this show? 14 A. That shows an extension that we put a tape of and it 15 just, it's the same height, it extends the bar so we 16 can take measurements on the outside of the vehicle. 17 Q. Okay, showing you now Exhibit 77-Z in evidence. 18 What if does this show? anything 19 A. That shows the passenger side of the vehicle with 20 that tape that I just·explained outside and wrapping 21 through the door and then on the outside of the 22 panel, the panel on the passenger side of that body 23 vehicle. 24 Q. Showing you now exhibit 82-Z in evidence, what, if 25 anything, does that show? FILED:TROOPER SUFFOLK FABIO COUNTY DAINO CLERK 11/28/2022 05:31 PM INDEX NO. 56 611214/2015 [ NYSCEF DOC. NO. 1174 RECEIVED NYSCEF: 11/28/2022 1 A. That's just a continuation of that tape on the 2 outside of the body panel of the exemplar limo. 3 Q. So looking at this vehicle and seeing the tape on 4 the exterior of the vehicle, what, if anything, does 5 that tape to the exterior of the vehicle correspond 6 with? 7 A. It corresponds with the support bar on the inside of 8 that panel. 9 Q. Showing you now Exhibit 81-Z in evidence, what if 10 anything does this indicate? 11 A. It shows the measurement from the ground to that 12 support bar. 13 Q. And showing you now exhibit 80-Z in evidence, what 14 is this? 15 A. It's just close-up view of that same photograph. 16 Q. According to this image in evidence, approximately 17 how far off the ground was that side beam? 18 A. The center of the bar is approximately 21-and-a-half 19 inches. 20 Q. Drawing your attention to Exhibit 79-Z in evidence. 21 What if anything does this show? 22 A. That shows the measurement of the vehicle from the 23 ground to the top. 24 Q. Showing you Exhibit 78-Z in evidence. 25 A. That shows, it's just a close-up view of the same FILED:TROOPER SUFFOLK FABIO COUNTY DAINO CLERK 11/28/2022 05:31 PM INDEX NO. 57 611214/2015 NYSCEF DOC. NO. 1174 RECEIVED NYSCEF: 11/28/2022 1 photograph. 2 Q. What, if anything, does it indicate to the height of 3 the top of the vehicle off the ground? 4 A. That it's approximately 59-and-a-half inches off the 5 ground. 6 Q. Did there come a time when you also looked at the 7 interior of a door of this exemplar limousine? 8 A. I did. 9 Q. I'll now show you Exhibit 73-Z in evidence. What, 10 if anything, does this indicate? 11 A. That's the interior, excuse me, that's the passenger 12 side door behind the driver and front passenger 13 compartment. 14 Q. Drawing your attention to the interior of that door, 15 what if anything appears running left to right at