Preview
FILED: WESTCHESTER COUNTY CLERK 07/13/2023 08:25 PM INDEX NO. 63737/2023
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/13/2023
Exhibit 4
FILED: WESTCHESTER COUNTY CLERK 07/13/2023 08:25 PM INDEX NO. 63737/2023
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/13/2023
1
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Interview of Officer David Pearl
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April 5, 2021
PRESENT:
KAY-ANN PORTER CAMPBELL,
Managing Inspector General for Bias Matters
DAVID PEARL,
Court Officer
PATRICK CULLEN,
President, SCOA
ANTHONY VAZQUEZ,
Second Vice-President, SCOA
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INTERVIEW 2
1 MS. PORTER CAMPBELL: Good morning.
2 Today is April 5, 2021. My name is Kay-Ann Porter
3 Campbell from the Inspector General's Office.
4 And if we can go around the room and identify
5 ourselves for the record, please.
6 OFFICER PEARL: Dave Pearl.
7 MR. CULLEN: Pat Cullen, President, SCOA.
8 MR. VAZQUEZ: Anthony Vazquez, Second
9 Vice-President, SCOA.
10 MS. PORTER CAMPBELL: Okay. So Officer Pearl, you
11 are the subject in this investigation. And as I indicated
12 to your union, that this involves Facebook postings that
13 were made by you.
14 OFFICER PEARL: Okay.
15 MS. PORTER CAMPBELL: So I am here to question you
16 about that. If there is anything that I ask you during the
17 interview that you don't understand, if there is a question
18 I ask that you don't understand, please let me know and I
19 will rephrase the question.
20 OFFICER PEARL: Okay.
21 MS. PORTER CAMPBELL: Failure to cooperate or to
22 testify truthfully may result in disciplinary action being
23 taken against you. And you are not allowed to retaliate
24 against anyone who you think may be a part of this
25 investigation, whether a complainant --
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INTERVIEW 3
1 OFFICER PEARL: Right, okay.
2 MS. PORTER CAMPBELL: -- or a witness in this
3 investigation. Okay.
4 Could you state your name for the record, please.
5 OFFICER PEARL: David Pearl.
6 MS. PORTER CAMPBELL: And your title, sir?
7 OFFICER PEARL: Court officer.
8 MS. PORTER CAMPBELL: And how long have you been a
9 court officer?
10 OFFICER PEARL: 21 years.
11 MS. PORTER CAMPBELL: And you're currently assigned
12 to where?
13 OFFICER PEARL: Westchester County Supreme.
14 MS. PORTER CAMPBELL: And how long have you been
15 assigned to Westchester County Supreme?
16 OFFICER PEARL: Five years.
17 MS. PORTER CAMPBELL: And prior to that, where were
18 you?
19 OFFICER PEARL: Prior to that, I was in Peekskill
20 City Court.
21 MS. PORTER CAMPBELL: How long?
22 OFFICER PEARL: For 14 years.
23 MS. PORTER CAMPBELL: Okay.
24 OFFICER PEARL: And prior to that, White Plains
25 City Court for two years.
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INTERVIEW 4
1 MS. PORTER CAMPBELL: And who is your supervisor
2 here?
3 OFFICER PEARL: Captain Patrinos.
4 MS. PORTER CAMPBELL: Patrinos? P-a-t-r-i?
5 OFFICER PEARL: P-a-t-r-i-n-o-s I believe. She is
6 my direct supervisor.
7 MS. PORTER CAMPBELL: Okay. What is your -- what
8 are your duties here? Where are you regularly assigned?
9 OFFICER PEARL: Right now I am in the B-3 parking
10 garage, judge's lot. And then I, you know, mobile around
11 the building after that.
12 MS. PORTER CAMPBELL: And this is during the
13 pandemic?
14 OFFICER PEARL: Right.
15 MS. PORTER CAMPBELL: And prior to the pandemic,
16 where were you assigned?
17 OFFICER PEARL: Prior to the pandemic, it varies.
18 Up on the 11th floor. Courtrooms, you know, random
19 courtrooms.
20 MS. PORTER CAMPBELL: The courtrooms are located on
21 the 11th floor?
22 OFFICER PEARL: No, no, no. That's separate. The
23 11th floor is the administrative floor. Then the courtrooms
24 on the second or third floor usually.
25 MS. PORTER CAMPBELL: So you were at the security
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INTERVIEW 5
1 post on the 11th floor, and then you would also --
2 OFFICER PEARL: I'd work -- yeah.
3 MS. PORTER CAMPBELL: -- work in the parts?
4 OFFICER PEARL: Yeah, various, right.
5 MS. PORTER CAMPBELL: And I know your union
6 mentioned that you also drove or you do drive for the Chief
7 Judge -- excuse me -- Administrative Judge.
8 OFFICER PEARL: Correct.
9 MS. PORTER CAMPBELL: And that's a part of being on
10 the 11th floor?
11 OFFICER PEARL: That's a part, yeah.
12 MS. PORTER CAMPBELL: Are you the only one that
13 drives or is there like a team?
14 OFFICER PEARL: No. I have a back-up guy.
15 MS. PORTER CAMPBELL: And who is that back-up guy?
16 OFFICER PEARL: Last name -- I don't know what his
17 actual real first name is. We call him Jay.
18 MS. PORTER CAMPBELL: What's his last name?
19 OFFICER PEARL: Dongallo.
20 MS. PORTER CAMPBELL: How do you spell that?
21 OFFICER PEARL: D-o-n-g-a-l-o I am going to say.
22 MS. PORTER CAMPBELL: Okay. So you do have a
23 Facebook page, sir?
24 OFFICER PEARL: I do.
25 MS. PORTER CAMPBELL: When did you start on
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INTERVIEW 6
1 Facebook?
2 OFFICER PEARL: When -- I don't know. I don't
3 know.
4 MS. PORTER CAMPBELL: Years ago?
5 OFFICER PEARL: Four? Yeah, it has been a while.
6 I am not on it every day so it is hard to.
7 MS. PORTER CAMPBELL: Okay. Is this the Facebook
8 page? Is this your profile picture in the center there?
9 OFFICER PEARL: That is.
10 MS. PORTER CAMPBELL: Okay. And on that -- on your
11 page it says here, work, former court officer at New York
12 State Unified Court System. And then another one says
13 worked at New York State Unified Court System. I will show
14 you this. And is this on your page as well?
15 OFFICER PEARL: Former? No, I wouldn't put --
16 MS. PORTER CAMPBELL: And I don't mean to toss it
17 across at you, but it is hard for me to move it across the
18 table.
19 OFFICER PEARL: No.
20 MS. PORTER CAMPBELL: Did you --
21 OFFICER PEARL: Worked at?
22 MS. PORTER CAMPBELL: Did you have that on your
23 page?
24 OFFICER PEARL: I don't -- the high school, yes.
25 Yes, yes, yes, yes. I don't know for a fact if I have the
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INTERVIEW 7
1 Unified Court System, but I guess if it is here. But I
2 wouldn't have former, I don't know why that's there.
3 MS. PORTER CAMPBELL: So you don't remember putting
4 that in there?
5 OFFICER PEARL: I didn't put former. Why would I
6 put former? I would have put worked at or works at.
7 MS. PORTER CAMPBELL: But the other information
8 there --
9 OFFICER PEARL: The other stuff, yeah. Yeah.
10 MS. PORTER CAMPBELL: -- as far as education?
11 OFFICER PEARL: It is all good.
12 MS. PORTER CAMPBELL: Okay. It is all correct?
13 OFFICER PEARL: Yes.
14 MS. PORTER CAMPBELL: Do you recall ever putting in
15 your employment there?
16 OFFICER PEARL: I do not. I mean, this would have
17 been done whatever year I opened it up so.
18 MS. PORTER CAMPBELL: Do you recall putting in the
19 rest of the information, like education?
20 OFFICER PEARL: It's there so.
21 MS. PORTER CAMPBELL: But do you recall putting
22 those in as well?
23 OFFICER PEARL: Not offhand, no. But it's there.
24 MS. PORTER CAMPBELL: Okay. So the first post that
25 I'll ask you about is this post that mentions, it says -- I
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INTERVIEW 8
1 don't know who is Bentley Rogers, it is not relevant -- but
2 it says Bentley Rogers had written Biden-Harris 2020. And
3 then your response here says Creepy Joe and the Hoe.
4 I will just show it to you.
5 OFFICER PEARL: Okay.
6 MS. PORTER CAMPBELL: Did you write that post?
7 OFFICER PEARL: I did.
8 MS. PORTER CAMPBELL: Okay. And why did you write
9 that post?
10 OFFICER PEARL: It was more of a joke 'cause he is
11 a -- he is actually a retired court officer so.
12 MS. PORTER CAMPBELL: Who is a retired court
13 officer?
14 OFFICER PEARL: Bentley.
15 MS. PORTER CAMPBELL: So you are saying that the
16 comment Creepy Joe and the Hoe was meant as a joke?
17 OFFICER PEARL: It was just me breaking his chops,
18 yes.
19 MS. PORTER CAMPBELL: And breaking his chops
20 because?
21 OFFICER PEARL: Because I was friends with him.
22 MS. PORTER CAMPBELL: Okay. But I am just trying
23 to understand. Is he --
24 OFFICER PEARL: Well, I mean --
25 MS. PORTER CAMPBELL: You are saying because he's
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INTERVIEW 9
1 in favor of Biden-Harris 2020 -- I'm not -- why are you
2 breaking his chops?
3 OFFICER PEARL: He was actually in favor of
4 Biden-Warren but.
5 MS. PORTER CAMPBELL: Biden-Warren. But I am just
6 saying --
7 OFFICER PEARL: Yeah. It was just, you know, maybe
8 a poor choice of words but.
9 MS. PORTER CAMPBELL: So he was in favor of I guess
10 voting for Biden and you are just breaking his chops and you
11 are saying that was just a joke?
12 OFFICER PEARL: It was a joke, yeah.
13 MS. PORTER CAMPBELL: Okay. And would this have
14 been posted sometime last year, I am assuming, during the
15 election cycle?
16 OFFICER PEARL: I am pretty sure it was probably
17 before Election Day.
18 MS. PORTER CAMPBELL: Before Election Day --
19 OFFICER PEARL: I'm guessing.
20 MS. PORTER CAMPBELL: Before Election Day but
21 during the election cycle because --
22 OFFICER PEARL: Well, yeah. Yeah.
23 MS. PORTER CAMPBELL: -- obviously, the nomination
24 was not until mid last year.
25 OFFICER PEARL: Right. So maybe --
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INTERVIEW 10
1 MS. PORTER CAMPBELL: When Biden-Harris --
2 OFFICER PEARL: So October maybe, September. I
3 don't know offhand.
4 MS. PORTER CAMPBELL: Okay. Can you recall any
5 other comments that you made in response to that?
6 OFFICER PEARL: From September, October, no.
7 MS. PORTER CAMPBELL: Okay.
8 OFFICER PEARL: Like I said, I am not on Facebook
9 all that much, you know. I get a group of people that, you
10 know, everybody likes to break each other's chops, that's,
11 you know.
12 MS. PORTER CAMPBELL: Okay. Was Bentley offended
13 or anything like that?
14 OFFICER PEARL: No. Not for nothing, his posts are
15 a lot worse than mine.
16 (Officer Pearl confers with his representatives.)
17 MS. PORTER CAMPBELL: And I have to, you know, just
18 to let you know as we've always said as far as these
19 postings, we don't go around looking at people's Facebook
20 page. We don't have the manpower to do that. It is only
21 when it is brought to our attention.
22 OFFICER PEARL: That's understandable.
23 MS. PORTER CAMPBELL: Obviously, someone who is a
24 friend, you know, brought it to our attention.
25 OFFICER PEARL: So somebody, basically, that has a
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INTERVIEW 11
1 difference of opinion.
2 MS. PORTER CAMPBELL: Or somebody who may have
3 found it offensive, they bring it to our attention. So, you
4 know, but as we've said about, you know, posting on
5 Facebook, you know.
6 OFFICER PEARL: Right. Well that's just, you know,
7 a stupid comment but.
8 MS. PORTER CAMPBELL: Okay. Well, you refer to the
9 Vice-President as a hoe. How do you -- do you want to
10 explain that?
11 OFFICER PEARL: Well, she was not Vice-President at
12 the time.
13 MS. PORTER CAMPBELL: Okay. So -- or a woman as a
14 hoe.
15 OFFICER PEARL: That was just a whole -- there is
16 stuff prior to that on his page but.
17 MS. PORTER CAMPBELL: On Bentley Rogers' page?
18 OFFICER PEARL: Yeah. There is stuff, you know,
19 you go back to Facebook, you know, people post -- all it is
20 is political. I don't know if you are on it. All it is is
21 political, from -- well, I haven't been on it in a while,
22 but I am assuming it still is.
23 But, you know, it was a thing, there was a thing
24 back over the summer where when she was running, how she
25 made her -- how she became D.A. Where was it, in Baltimore?
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INTERVIEW 12
1 Or California maybe?
2 MS. PORTER CAMPBELL: San Francisco.
3 OFFICER PEARL: San Francisco. So that's what that
4 was.
5 MS. PORTER CAMPBELL: About referring to her as a
6 hoe?
7 OFFICER PEARL: The joke was, yeah, she slept with
8 the District Attorney or --
9 MR. CULLEN: Was it a joke? Or was it --
10 OFFICER PEARL: No, that was a fact. I mean that
11 was in the papers. So that's what this was spun off of.
12 MS. PORTER CAMPBELL: That she slept with the D.A.
13 at the time?
14 OFFICER PEARL: The thing that was in the papers
15 was that she slept her way with -- Willie Brown was his
16 name. And that's how she got promoted to District Attorney.
17 So it was just a little joke on that.
18 MS. PORTER CAMPBELL: And do you find the term
19 offensive?
20 OFFICER PEARL: Offensive? I guess it depends but.
21 MS. PORTER CAMPBELL: I'm sorry?
22 OFFICER PEARL: I don't use the term. I mean, I
23 don't go around calling people.
24 MS. PORTER CAMPBELL: So it is a term that you
25 would find offensive?
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INTERVIEW 13
1 OFFICER PEARL: I suppose.
2 MS. PORTER CAMPBELL: Okay. So the next post I
3 want to show you, it is another post where you're responding
4 to someone whose name is Stewart Bailey.
5 OFFICER PEARL: That's my cousin.
6 MS. PORTER CAMPBELL: Okay.
7 OFFICER PEARL: And he is in Europe.
8 MS. PORTER CAMPBELL: Okay. So he, you know, and I
9 think I did see his post, from Stewart Bailey. But as part
10 of this post, you used the term savages twice.
11 OFFICER PEARL: Okay.
12 MS. PORTER CAMPBELL: So why don't you take a look
13 at it and you can tell me what was meant by it.
14 OFFICER PEARL: Okay. Savages referring to Antifa,
15 who is 95 percent white.
16 MS. PORTER CAMPBELL: Savages, you are referring to
17 people who are 99 percent white?
18 OFFICER PEARL: Antifa is -- you know who Antifa
19 is.
20 MS. PORTER CAMPBELL: Uh-huh.
21 OFFICER PEARL: So that's what that is referring
22 to.
23 MS. PORTER CAMPBELL: You are referring to Antifa
24 as savages?
25 OFFICER PEARL: I was referring, yeah.
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INTERVIEW 14
1 MS. PORTER CAMPBELL: Now you didn't use the term
2 Antifa in here.
3 OFFICER PEARL: Well, like I said, this was a
4 personal response between me and my cousin, so.
5 MS. PORTER CAMPBELL: Okay. But I am just trying
6 to figure out here, because it says -- you did not use the
7 term Antifa, it just says --
8 OFFICER PEARL: Well, mainly Antifa is the one that
9 was burning down the cities and creating all those
10 autonomous zones and everything else. So Sovereigns, or
11 whatever they like to call themselves.
12 MS. PORTER CAMPBELL: Now you said Antifa, who is
13 99 percent white. But then it says here, you said these
14 savages are attacking anyone that is white. So you are
15 saying whites are attacking whites?
16 OFFICER PEARL: That's what they do. That's what
17 they are doing.
18 MS. PORTER CAMPBELL: Okay. So that's what you
19 meant by --
20 OFFICER PEARL: Namely they are attacking elderly.
21 MS. PORTER CAMPBELL: Who is that?
22 OFFICER PEARL: Back when all this nonsense -- they
23 were attacking --
24 MS. PORTER CAMPBELL: Antifa was attacking elderly?
25 OFFICER PEARL: Yes.
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INTERVIEW 15
1 MS. PORTER CAMPBELL: And you are talking about the
2 riots of last year?
3 OFFICER PEARL: Correct.
4 MS. PORTER CAMPBELL: And the --
5 OFFICER PEARL: Matter of fact, I think Portland is
6 still -- I think Antifa is still doing damage in Portland if
7 I'm not mistaken.
8 MS. PORTER CAMPBELL: So the protests were in
9 response --
10 OFFICER PEARL: I know what they were in response
11 to.
12 MS. PORTER CAMPBELL: Right. After the George
13 Floyd killing.
14 OFFICER PEARL: Right. My comments have nothing to
15 do about that.
16 MS. PORTER CAMPBELL: Okay. So you are saying it
17 only has --
18 OFFICER PEARL: I'm just talking -- and I think,
19 you know, the insurrection on January 6th was ridiculous as
20 well. It was disgraceful but.
21 MS. PORTER CAMPBELL: Okay. But I am just trying
22 to understand, so you are in no way referring to savages,
23 African Americans or blacks?
24 OFFICER PEARL: No. Savages actually referred to
25 Indians and Vikings back, going back. So, no.
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INTERVIEW 16
1 MS. PORTER CAMPBELL: Okay. So after -- do you
2 recall when this post was made? Obviously, it was between
3 June of 2020 --
4 OFFICER PEARL: Around the same timeframe.
5 MS. PORTER CAMPBELL: -- after the protests as you
6 said because this is in response --
7 OFFICER PEARL: Probably, yeah.
8 MS. PORTER CAMPBELL: -- to the protests and people
9 burning down buildings and attacking the elderly as you
10 said.
11 OFFICER PEARL: Right, right, right.
12 MS. PORTER CAMPBELL: Okay. Now here is just a
13 third one. And this talks about -- sorry -- closing the
14 borders. And --
15 OFFICER PEARL: Okay.
16 MS. PORTER CAMPBELL: Okay.
17 So anything there that you want to explain?
18 OFFICER PEARL: Yeah, it is basically all the money
19 we spend on taxes -- excuse me -- all the tax money that is
20 spent.
21 MS. PORTER CAMPBELL: On what?
22 OFFICER PEARL: On bringing people, letting -- just
23 open borders when we can't even fix our own country. You
24 know how many military veterans are out there, homeless.
25 They are homeless in general.
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INTERVIEW 17
1 And I have no problem with them coming in the right
2 way, if they are vetted and, you know, I have no problem
3 with that.
4 MS. PORTER CAMPBELL: And when you say "them", you
5 mean -- are you referring to Mexicans or are you referring
6 to immigrants?
7 OFFICER PEARL: Well, whatever, just in general.
8 Immigrants in general.
9 MS. PORTER CAMPBELL: I think you were trying to
10 say Syrians. You put syruans.
11 OFFICER PEARL: Yeah.
12 MS. PORTER CAMPBELL: S-y-r-u-a-n-s, right?
13 OFFICER PEARL: Yeah.
14 MS. PORTER CAMPBELL: But you are referring to
15 Syrians?
16 OFFICER PEARL: I guess I am, yeah. I don't know.
17 MS. PORTER CAMPBELL: Is that who you are referring
18 to?
19 OFFICER PEARL: I misspelled it if I am.
20 MS. PORTER CAMPBELL: It would be spelled
21 S-y-r-i-a-n.
22 OFFICER PEARL: But I don't actually -- Syrian
23 refugees? Yeah, I am not familiar. I am not, like, I mean
24 it is there so.
25 MS. PORTER CAMPBELL: But --
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INTERVIEW 18
1 OFFICER PEARL: But I'm mainly, you know as far
2 as -- I have no issue with anybody coming into the country,
3 but you have to do it the right way.
4 MS. PORTER CAMPBELL: So can I just see that again
5 please?
6 OFFICER PEARL: And I have friends who have.
7 MS. PORTER CAMPBELL: Okay. So it is saying you
8 are referring to the Syrian refugees coming in.
9 OFFICER PEARL: Yeah. And off the top of my head,
10 I don't -- I'm not familiar with Syrian refugees coming in.
11 But I don't know when that was.
12 MR. CULLEN: Can I see that again, please.
13 MS. PORTER CAMPBELL: Sure.
14 (Officer Pearl confers with his representatives.)
15 MS. PORTER CAMPBELL: Okay. So but then you
16 reference the Second Amendment, which is the right to bear
17 arms.
18 OFFICER PEARL: Right.
19 MS. PORTER CAMPBELL: So are you talking about, you
20 know, you also indicate here let them move to your
21 neighborhood. And then the right to bear arms.
22 Why don't you explain that to me. What are you
23 trying to say in that instance?
24 OFFICER PEARL: Just confusion I guess, I don't
25 know.
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INTERVIEW 19
1 MS. PORTER CAMPBELL: What do you mean by
2 confusion? You are confused?
3 OFFICER PEARL: No, I am guessing -- could I see
4 that again?
5 MS. PORTER CAMPBELL: Uh-huh.
6 OFFICER PEARL: No. This all goes to the open
7 borders and, you know, they are big on trying to revoke the
8 Second Amendment, gun control.
9 MS. PORTER CAMPBELL: Who is they?
10 OFFICER PEARL: The government.
11 MS. PORTER CAMPBELL: Okay. So in one instance you
12 are talking about the open borders, which would refer -- are
13 you then referring to Mexicans?
14 OFFICER PEARL: Just borders in general. Canadians
15 too. I mean, it's a border.
16 MS. PORTER CAMPBELL: Okay. And then you are also
17 referring to Syrians, who obviously Syrians would more
18 likely be able to come by plane because we don't share a
19 border with Syrians.
20 OFFICER PEARL: Yeah, I am a little stumped on that
21 honestly. I don't know why I would have -- I don't know. I
22 don't recall anything with Syrian refugees.
23 MS. PORTER CAMPBELL: Okay.
24 OFFICER PEARL: So I don't know. I don't know
25 what --
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INTERVIEW 20
1 MS. PORTER CAMPBELL: So is that negative trying to
2 say let them move to your neighborhood, so let them move
3 into your neighborhood and not my neighborhood?
4 OFFICER PEARL: I guess.
5 MS. PORTER CAMPBELL: And as far as the second
6 amendment, are you advocating any kind of violence? Because
7 when someone says Second Amendment, baby, I'm ready. Meaning
8 that --
9 OFFICER PEARL: No. There's nothing there that
10 advocates violence.
11 MS. PORTER CAMPBELL: Well, I'm ready meaning I'm
12 ready to take up arms.
13 OFFICER PEARL: That's your interpretation.
14 MS. PORTER CAMPBELL: Is that what you mean?
15 OFFICER PEARL: No. I just said Second Amendment.
16 That's all it says.
17 MS. PORTER CAMPBELL: So what does that mean?
18 OFFICER PEARL: That I am pro-Second Amendment,
19 that's what that means. I am pro-military, I am pro-police.
20 And I stand for the flag.
21 MS. PORTER CAMPBELL: So in this, you are saying
22 you are not advocating violence at all by --
23 OFFICER PEARL: I have never advocated violence.
24 MS. PORTER CAMPBELL: -- or taking up weapons, or
25 arms I should say.
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INTERVIEW 21
1 OFFICER PEARL: I have never advocated violence. I
2 don't even carry my weapon off duty so.
3 MS. PORTER CAMPBELL: So those are the three posts
4 that I had. Anything that you want to say before we close
5 out the record to -- in response?
6 MR. CULLEN: Can you give us 30 seconds?
7 MS. PORTER CAMPBELL: Okay. We will take a break
8 while you confer.
9 MR. CULLEN: It won't be very long.
10 MS. PORTER CAMPBELL: Okay. No problem.
11 (Brief recess.)
12 MS. PORTER CAMPBELL: So we have resumed the
13 interview of Officer Dave Pearl.
14 And I just had a couple more questions I did forget
15 before I give you a chance to wrap up.
16 Do you recall when you made that post, the last one
17 that we were discussing? About the --
18 OFFICER PEARL: Borders?
19 MS. PORTER CAMPBELL: I'm sorry?
20 OFFICER PEARL: About the border?
21 MS. PORTER CAMPBELL: Yes.
22 OFFICER PEARL: Do I know when I made it?
23 MS. PORTER CAMPBELL: Yes.
24 MR. CULLEN: It was not a post. It was a comment,
25 right?
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INTERVIEW 22
1 OFFICER PEARL: It was a comment.
2 MS. PORTER CAMPBELL: Yeah, a comment.
3 OFFICER PEARL: Probably around the time when I
4 paid my daughter's college tuition.
5 MS. PORTER CAMPBELL: Which was when?
6 OFFICER PEARL: August, September.
7 MS. PORTER CAMPBELL: Of 2020?
8 OFFICER PEARL: Correct.
9 MS. PORTER CAMPBELL: Okay. And was it in response
10 -- I know we did have, you know, there were other things
11 there. I don't have anything before except someone named
12 Al Mallah --
13 OFFICER PEARL: I have no idea who that is.
14 MS. PORTER CAMPBELL: -- okay, had posted the
15 amount of, quote, butt hurt liberals is too damn high. And
16 then someone else, Lloyd Ballou.
17 OFFICER PEARL: I don't know any of those people.
18 MS. PORTER CAMPBELL: Okay. So that was in, you
19 know, something about that. But you don't know who those
20 people are.
21 OFFICER PEARL: It does not show what the original
22 post was.
23 MS. PORTER CAMPBELL: Right.
24 OFFICER PEARL: So these are just people's
25 comments.
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INTERVIEW 23
1 MS. PORTER CAMPBELL: Who are also responding to
2 something.
3 OFFICER PEARL: To whatever, right.
4 MS. PORTER CAMPBELL: Okay. So you don't know any
5 of those folks?
6 OFFICER PEARL: Just like all of these are comments
7 to original posts which are not shown.
8 MS. PORTER CAMPBELL: Okay. So is there
9 anything --
10 OFFICER PEARL: Yes. As far as the border comment,
11 you know, I kind of feel like I have been personally
12 affected by it because I am a single father. I have four
13 kids. I put three through college. I don't get any federal
14 assistance. I don't get any stimulus money. And you know,
15 when I hear about all these people coming in, and they get
16 free housing, free food, free everything, it is, you know, a
17 little upsetting.
18 MS. PORTER CAMPBELL: So you're saying you are
19 upset because there are certain people who come into the
20 country and are able to get, whether it is assistance --
21 OFFICER PEARL: It is whatever, free something. I
22 don't get free anything. I don't get a break. I am living
23 paycheck to paycheck, if that. Sometimes I am in the red.
24 It is very upsetting that I get zero. So that's where that
25 was coming from.
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INTERVIEW 24
1 MS. PORTER CAMPBELL: Okay. Is there anything else
2 that you want to add, sir?
3 OFFICER PEARL: I am just trying to touch base.
4 That was on that one. On the other thing with the, you
5 know, the savages comment, I mean, listen, that's just what
6 it was, destruction and violence. January 6th, same thing,
7 there were savages there too. I mean it was totally
8 disgraceful.
9 That's, you know, maybe I shouldn't use the word
10 savage but. What else? What was the other one?
11 MS. PORTER CAMPBELL: That's about Joe Biden.
12 OFFICER PEARL: The Biden one, yeah. That was
13 just, yeah, a poor choice of words.
14 MS. PORTER CAMPBELL: Okay. Is that it?
15 OFFICER PEARL: I guess, yeah.
16 MS. PORTER CAMPBELL: Okay.
17 Pat or Anthony? Are we finished?
18 MR. CULLEN: Yes.
19 MS. PORTER CAMPBELL: We will close the record.
20 Okay. Thank you.
21 MR. CULLEN: Can you just explain what the --
22 (Recording ended.)
23
24
25
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Preview
FILED: WESTCHESTER COUNTY CLERK 07/13/2023 08:25 PM INDEX NO. 63737/2023 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/13/2023 Exhibit 4 FILED: WESTCHESTER COUNTY CLERK 07/13/2023 08:25 PM INDEX NO. 63737/2023 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/13/2023 1 ----------------------------------------- Interview of Officer David Pearl ----------------------------------------- April 5, 2021 PRESENT: KAY-ANN PORTER CAMPBELL, Managing Inspector General for Bias Matters DAVID PEARL, Court Officer PATRICK CULLEN, President, SCOA ANTHONY VAZQUEZ, Second Vice-President, SCOA FILED: WESTCHESTER COUNTY CLERK 07/13/2023 08:25 PM INDEX NO. 63737/2023 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/13/2023 INTERVIEW 2 1 MS. PORTER CAMPBELL: Good morning. 2 Today is April 5, 2021. My name is Kay-Ann Porter 3 Campbell from the Inspector General's Office. 4 And if we can go around the room and identify 5 ourselves for the record, please. 6 OFFICER PEARL: Dave Pearl. 7 MR. CULLEN: Pat Cullen, President, SCOA. 8 MR. VAZQUEZ: Anthony Vazquez, Second 9 Vice-President, SCOA. 10 MS. PORTER CAMPBELL: Okay. So Officer Pearl, you 11 are the subject in this investigation. And as I indicated 12 to your union, that this involves Facebook postings that 13 were made by you. 14 OFFICER PEARL: Okay. 15 MS. PORTER CAMPBELL: So I am here to question you 16 about that. If there is anything that I ask you during the 17 interview that you don't understand, if there is a question 18 I ask that you don't understand, please let me know and I 19 will rephrase the question. 20 OFFICER PEARL: Okay. 21 MS. PORTER CAMPBELL: Failure to cooperate or to 22 testify truthfully may result in disciplinary action being 23 taken against you. And you are not allowed to retaliate 24 against anyone who you think may be a part of this 25 investigation, whether a complainant -- FILED: WESTCHESTER COUNTY CLERK 07/13/2023 08:25 PM INDEX NO. 63737/2023 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/13/2023 INTERVIEW 3 1 OFFICER PEARL: Right, okay. 2 MS. PORTER CAMPBELL: -- or a witness in this 3 investigation. Okay. 4 Could you state your name for the record, please. 5 OFFICER PEARL: David Pearl. 6 MS. PORTER CAMPBELL: And your title, sir? 7 OFFICER PEARL: Court officer. 8 MS. PORTER CAMPBELL: And how long have you been a 9 court officer? 10 OFFICER PEARL: 21 years. 11 MS. PORTER CAMPBELL: And you're currently assigned 12 to where? 13 OFFICER PEARL: Westchester County Supreme. 14 MS. PORTER CAMPBELL: And how long have you been 15 assigned to Westchester County Supreme? 16 OFFICER PEARL: Five years. 17 MS. PORTER CAMPBELL: And prior to that, where were 18 you? 19 OFFICER PEARL: Prior to that, I was in Peekskill 20 City Court. 21 MS. PORTER CAMPBELL: How long? 22 OFFICER PEARL: For 14 years. 23 MS. PORTER CAMPBELL: Okay. 24 OFFICER PEARL: And prior to that, White Plains 25 City Court for two years. FILED: WESTCHESTER COUNTY CLERK 07/13/2023 08:25 PM INDEX NO. 63737/2023 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/13/2023 INTERVIEW 4 1 MS. PORTER CAMPBELL: And who is your supervisor 2 here? 3 OFFICER PEARL: Captain Patrinos. 4 MS. PORTER CAMPBELL: Patrinos? P-a-t-r-i? 5 OFFICER PEARL: P-a-t-r-i-n-o-s I believe. She is 6 my direct supervisor. 7 MS. PORTER CAMPBELL: Okay. What is your -- what 8 are your duties here? Where are you regularly assigned? 9 OFFICER PEARL: Right now I am in the B-3 parking 10 garage, judge's lot. And then I, you know, mobile around 11 the building after that. 12 MS. PORTER CAMPBELL: And this is during the 13 pandemic? 14 OFFICER PEARL: Right. 15 MS. PORTER CAMPBELL: And prior to the pandemic, 16 where were you assigned? 17 OFFICER PEARL: Prior to the pandemic, it varies. 18 Up on the 11th floor. Courtrooms, you know, random 19 courtrooms. 20 MS. PORTER CAMPBELL: The courtrooms are located on 21 the 11th floor? 22 OFFICER PEARL: No, no, no. That's separate. The 23 11th floor is the administrative floor. Then the courtrooms 24 on the second or third floor usually. 25 MS. PORTER CAMPBELL: So you were at the security FILED: WESTCHESTER COUNTY CLERK 07/13/2023 08:25 PM INDEX NO. 63737/2023 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/13/2023 INTERVIEW 5 1 post on the 11th floor, and then you would also -- 2 OFFICER PEARL: I'd work -- yeah. 3 MS. PORTER CAMPBELL: -- work in the parts? 4 OFFICER PEARL: Yeah, various, right. 5 MS. PORTER CAMPBELL: And I know your union 6 mentioned that you also drove or you do drive for the Chief 7 Judge -- excuse me -- Administrative Judge. 8 OFFICER PEARL: Correct. 9 MS. PORTER CAMPBELL: And that's a part of being on 10 the 11th floor? 11 OFFICER PEARL: That's a part, yeah. 12 MS. PORTER CAMPBELL: Are you the only one that 13 drives or is there like a team? 14 OFFICER PEARL: No. I have a back-up guy. 15 MS. PORTER CAMPBELL: And who is that back-up guy? 16 OFFICER PEARL: Last name -- I don't know what his 17 actual real first name is. We call him Jay. 18 MS. PORTER CAMPBELL: What's his last name? 19 OFFICER PEARL: Dongallo. 20 MS. PORTER CAMPBELL: How do you spell that? 21 OFFICER PEARL: D-o-n-g-a-l-o I am going to say. 22 MS. PORTER CAMPBELL: Okay. So you do have a 23 Facebook page, sir? 24 OFFICER PEARL: I do. 25 MS. PORTER CAMPBELL: When did you start on FILED: WESTCHESTER COUNTY CLERK 07/13/2023 08:25 PM INDEX NO. 63737/2023 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/13/2023 INTERVIEW 6 1 Facebook? 2 OFFICER PEARL: When -- I don't know. I don't 3 know. 4 MS. PORTER CAMPBELL: Years ago? 5 OFFICER PEARL: Four? Yeah, it has been a while. 6 I am not on it every day so it is hard to. 7 MS. PORTER CAMPBELL: Okay. Is this the Facebook 8 page? Is this your profile picture in the center there? 9 OFFICER PEARL: That is. 10 MS. PORTER CAMPBELL: Okay. And on that -- on your 11 page it says here, work, former court officer at New York 12 State Unified Court System. And then another one says 13 worked at New York State Unified Court System. I will show 14 you this. And is this on your page as well? 15 OFFICER PEARL: Former? No, I wouldn't put -- 16 MS. PORTER CAMPBELL: And I don't mean to toss it 17 across at you, but it is hard for me to move it across the 18 table. 19 OFFICER PEARL: No. 20 MS. PORTER CAMPBELL: Did you -- 21 OFFICER PEARL: Worked at? 22 MS. PORTER CAMPBELL: Did you have that on your 23 page? 24 OFFICER PEARL: I don't -- the high school, yes. 25 Yes, yes, yes, yes. I don't know for a fact if I have the FILED: WESTCHESTER COUNTY CLERK 07/13/2023 08:25 PM INDEX NO. 63737/2023 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/13/2023 INTERVIEW 7 1 Unified Court System, but I guess if it is here. But I 2 wouldn't have former, I don't know why that's there. 3 MS. PORTER CAMPBELL: So you don't remember putting 4 that in there? 5 OFFICER PEARL: I didn't put former. Why would I 6 put former? I would have put worked at or works at. 7 MS. PORTER CAMPBELL: But the other information 8 there -- 9 OFFICER PEARL: The other stuff, yeah. Yeah. 10 MS. PORTER CAMPBELL: -- as far as education? 11 OFFICER PEARL: It is all good. 12 MS. PORTER CAMPBELL: Okay. It is all correct? 13 OFFICER PEARL: Yes. 14 MS. PORTER CAMPBELL: Do you recall ever putting in 15 your employment there? 16 OFFICER PEARL: I do not. I mean, this would have 17 been done whatever year I opened it up so. 18 MS. PORTER CAMPBELL: Do you recall putting in the 19 rest of the information, like education? 20 OFFICER PEARL: It's there so. 21 MS. PORTER CAMPBELL: But do you recall putting 22 those in as well? 23 OFFICER PEARL: Not offhand, no. But it's there. 24 MS. PORTER CAMPBELL: Okay. So the first post that 25 I'll ask you about is this post that mentions, it says -- I FILED: WESTCHESTER COUNTY CLERK 07/13/2023 08:25 PM INDEX NO. 63737/2023 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/13/2023 INTERVIEW 8 1 don't know who is Bentley Rogers, it is not relevant -- but 2 it says Bentley Rogers had written Biden-Harris 2020. And 3 then your response here says Creepy Joe and the Hoe. 4 I will just show it to you. 5 OFFICER PEARL: Okay. 6 MS. PORTER CAMPBELL: Did you write that post? 7 OFFICER PEARL: I did. 8 MS. PORTER CAMPBELL: Okay. And why did you write 9 that post? 10 OFFICER PEARL: It was more of a joke 'cause he is 11 a -- he is actually a retired court officer so. 12 MS. PORTER CAMPBELL: Who is a retired court 13 officer? 14 OFFICER PEARL: Bentley. 15 MS. PORTER CAMPBELL: So you are saying that the 16 comment Creepy Joe and the Hoe was meant as a joke? 17 OFFICER PEARL: It was just me breaking his chops, 18 yes. 19 MS. PORTER CAMPBELL: And breaking his chops 20 because? 21 OFFICER PEARL: Because I was friends with him. 22 MS. PORTER CAMPBELL: Okay. But I am just trying 23 to understand. Is he -- 24 OFFICER PEARL: Well, I mean -- 25 MS. PORTER CAMPBELL: You are saying because he's FILED: WESTCHESTER COUNTY CLERK 07/13/2023 08:25 PM INDEX NO. 63737/2023 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/13/2023 INTERVIEW 9 1 in favor of Biden-Harris 2020 -- I'm not -- why are you 2 breaking his chops? 3 OFFICER PEARL: He was actually in favor of 4 Biden-Warren but. 5 MS. PORTER CAMPBELL: Biden-Warren. But I am just 6 saying -- 7 OFFICER PEARL: Yeah. It was just, you know, maybe 8 a poor choice of words but. 9 MS. PORTER CAMPBELL: So he was in favor of I guess 10 voting for Biden and you are just breaking his chops and you 11 are saying that was just a joke? 12 OFFICER PEARL: It was a joke, yeah. 13 MS. PORTER CAMPBELL: Okay. And would this have 14 been posted sometime last year, I am assuming, during the 15 election cycle? 16 OFFICER PEARL: I am pretty sure it was probably 17 before Election Day. 18 MS. PORTER CAMPBELL: Before Election Day -- 19 OFFICER PEARL: I'm guessing. 20 MS. PORTER CAMPBELL: Before Election Day but 21 during the election cycle because -- 22 OFFICER PEARL: Well, yeah. Yeah. 23 MS. PORTER CAMPBELL: -- obviously, the nomination 24 was not until mid last year. 25 OFFICER PEARL: Right. So maybe -- FILED: WESTCHESTER COUNTY CLERK 07/13/2023 08:25 PM INDEX NO. 63737/2023 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/13/2023 INTERVIEW 10 1 MS. PORTER CAMPBELL: When Biden-Harris -- 2 OFFICER PEARL: So October maybe, September. I 3 don't know offhand. 4 MS. PORTER CAMPBELL: Okay. Can you recall any 5 other comments that you made in response to that? 6 OFFICER PEARL: From September, October, no. 7 MS. PORTER CAMPBELL: Okay. 8 OFFICER PEARL: Like I said, I am not on Facebook 9 all that much, you know. I get a group of people that, you 10 know, everybody likes to break each other's chops, that's, 11 you know. 12 MS. PORTER CAMPBELL: Okay. Was Bentley offended 13 or anything like that? 14 OFFICER PEARL: No. Not for nothing, his posts are 15 a lot worse than mine. 16 (Officer Pearl confers with his representatives.) 17 MS. PORTER CAMPBELL: And I have to, you know, just 18 to let you know as we've always said as far as these 19 postings, we don't go around looking at people's Facebook 20 page. We don't have the manpower to do that. It is only 21 when it is brought to our attention. 22 OFFICER PEARL: That's understandable. 23 MS. PORTER CAMPBELL: Obviously, someone who is a 24 friend, you know, brought it to our attention. 25 OFFICER PEARL: So somebody, basically, that has a FILED: WESTCHESTER COUNTY CLERK 07/13/2023 08:25 PM INDEX NO. 63737/2023 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/13/2023 INTERVIEW 11 1 difference of opinion. 2 MS. PORTER CAMPBELL: Or somebody who may have 3 found it offensive, they bring it to our attention. So, you 4 know, but as we've said about, you know, posting on 5 Facebook, you know. 6 OFFICER PEARL: Right. Well that's just, you know, 7 a stupid comment but. 8 MS. PORTER CAMPBELL: Okay. Well, you refer to the 9 Vice-President as a hoe. How do you -- do you want to 10 explain that? 11 OFFICER PEARL: Well, she was not Vice-President at 12 the time. 13 MS. PORTER CAMPBELL: Okay. So -- or a woman as a 14 hoe. 15 OFFICER PEARL: That was just a whole -- there is 16 stuff prior to that on his page but. 17 MS. PORTER CAMPBELL: On Bentley Rogers' page? 18 OFFICER PEARL: Yeah. There is stuff, you know, 19 you go back to Facebook, you know, people post -- all it is 20 is political. I don't know if you are on it. All it is is 21 political, from -- well, I haven't been on it in a while, 22 but I am assuming it still is. 23 But, you know, it was a thing, there was a thing 24 back over the summer where when she was running, how she 25 made her -- how she became D.A. Where was it, in Baltimore? FILED: WESTCHESTER COUNTY CLERK 07/13/2023 08:25 PM INDEX NO. 63737/2023 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/13/2023 INTERVIEW 12 1 Or California maybe? 2 MS. PORTER CAMPBELL: San Francisco. 3 OFFICER PEARL: San Francisco. So that's what that 4 was. 5 MS. PORTER CAMPBELL: About referring to her as a 6 hoe? 7 OFFICER PEARL: The joke was, yeah, she slept with 8 the District Attorney or -- 9 MR. CULLEN: Was it a joke? Or was it -- 10 OFFICER PEARL: No, that was a fact. I mean that 11 was in the papers. So that's what this was spun off of. 12 MS. PORTER CAMPBELL: That she slept with the D.A. 13 at the time? 14 OFFICER PEARL: The thing that was in the papers 15 was that she slept her way with -- Willie Brown was his 16 name. And that's how she got promoted to District Attorney. 17 So it was just a little joke on that. 18 MS. PORTER CAMPBELL: And do you find the term 19 offensive? 20 OFFICER PEARL: Offensive? I guess it depends but. 21 MS. PORTER CAMPBELL: I'm sorry? 22 OFFICER PEARL: I don't use the term. I mean, I 23 don't go around calling people. 24 MS. PORTER CAMPBELL: So it is a term that you 25 would find offensive? FILED: WESTCHESTER COUNTY CLERK 07/13/2023 08:25 PM INDEX NO. 63737/2023 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/13/2023 INTERVIEW 13 1 OFFICER PEARL: I suppose. 2 MS. PORTER CAMPBELL: Okay. So the next post I 3 want to show you, it is another post where you're responding 4 to someone whose name is Stewart Bailey. 5 OFFICER PEARL: That's my cousin. 6 MS. PORTER CAMPBELL: Okay. 7 OFFICER PEARL: And he is in Europe. 8 MS. PORTER CAMPBELL: Okay. So he, you know, and I 9 think I did see his post, from Stewart Bailey. But as part 10 of this post, you used the term savages twice. 11 OFFICER PEARL: Okay. 12 MS. PORTER CAMPBELL: So why don't you take a look 13 at it and you can tell me what was meant by it. 14 OFFICER PEARL: Okay. Savages referring to Antifa, 15 who is 95 percent white. 16 MS. PORTER CAMPBELL: Savages, you are referring to 17 people who are 99 percent white? 18 OFFICER PEARL: Antifa is -- you know who Antifa 19 is. 20 MS. PORTER CAMPBELL: Uh-huh. 21 OFFICER PEARL: So that's what that is referring 22 to. 23 MS. PORTER CAMPBELL: You are referring to Antifa 24 as savages? 25 OFFICER PEARL: I was referring, yeah. FILED: WESTCHESTER COUNTY CLERK 07/13/2023 08:25 PM INDEX NO. 63737/2023 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/13/2023 INTERVIEW 14 1 MS. PORTER CAMPBELL: Now you didn't use the term 2 Antifa in here. 3 OFFICER PEARL: Well, like I said, this was a 4 personal response between me and my cousin, so. 5 MS. PORTER CAMPBELL: Okay. But I am just trying 6 to figure out here, because it says -- you did not use the 7 term Antifa, it just says -- 8 OFFICER PEARL: Well, mainly Antifa is the one that 9 was burning down the cities and creating all those 10 autonomous zones and everything else. So Sovereigns, or 11 whatever they like to call themselves. 12 MS. PORTER CAMPBELL: Now you said Antifa, who is 13 99 percent white. But then it says here, you said these 14 savages are attacking anyone that is white. So you are 15 saying whites are attacking whites? 16 OFFICER PEARL: That's what they do. That's what 17 they are doing. 18 MS. PORTER CAMPBELL: Okay. So that's what you 19 meant by -- 20 OFFICER PEARL: Namely they are attacking elderly. 21 MS. PORTER CAMPBELL: Who is that? 22 OFFICER PEARL: Back when all this nonsense -- they 23 were attacking -- 24 MS. PORTER CAMPBELL: Antifa was attacking elderly? 25 OFFICER PEARL: Yes. FILED: WESTCHESTER COUNTY CLERK 07/13/2023 08:25 PM INDEX NO. 63737/2023 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/13/2023 INTERVIEW 15 1 MS. PORTER CAMPBELL: And you are talking about the 2 riots of last year? 3 OFFICER PEARL: Correct. 4 MS. PORTER CAMPBELL: And the -- 5 OFFICER PEARL: Matter of fact, I think Portland is 6 still -- I think Antifa is still doing damage in Portland if 7 I'm not mistaken. 8 MS. PORTER CAMPBELL: So the protests were in 9 response -- 10 OFFICER PEARL: I know what they were in response 11 to. 12 MS. PORTER CAMPBELL: Right. After the George 13 Floyd killing. 14 OFFICER PEARL: Right. My comments have nothing to 15 do about that. 16 MS. PORTER CAMPBELL: Okay. So you are saying it 17 only has -- 18 OFFICER PEARL: I'm just talking -- and I think, 19 you know, the insurrection on January 6th was ridiculous as 20 well. It was disgraceful but. 21 MS. PORTER CAMPBELL: Okay. But I am just trying 22 to understand, so you are in no way referring to savages, 23 African Americans or blacks? 24 OFFICER PEARL: No. Savages actually referred to 25 Indians and Vikings back, going back. So, no. FILED: WESTCHESTER COUNTY CLERK 07/13/2023 08:25 PM INDEX NO. 63737/2023 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/13/2023 INTERVIEW 16 1 MS. PORTER CAMPBELL: Okay. So after -- do you 2 recall when this post was made? Obviously, it was between 3 June of 2020 -- 4 OFFICER PEARL: Around the same timeframe. 5 MS. PORTER CAMPBELL: -- after the protests as you 6 said because this is in response -- 7 OFFICER PEARL: Probably, yeah. 8 MS. PORTER CAMPBELL: -- to the protests and people 9 burning down buildings and attacking the elderly as you 10 said. 11 OFFICER PEARL: Right, right, right. 12 MS. PORTER CAMPBELL: Okay. Now here is just a 13 third one. And this talks about -- sorry -- closing the 14 borders. And -- 15 OFFICER PEARL: Okay. 16 MS. PORTER CAMPBELL: Okay. 17 So anything there that you want to explain? 18 OFFICER PEARL: Yeah, it is basically all the money 19 we spend on taxes -- excuse me -- all the tax money that is 20 spent. 21 MS. PORTER CAMPBELL: On what? 22 OFFICER PEARL: On bringing people, letting -- just 23 open borders when we can't even fix our own country. You 24 know how many military veterans are out there, homeless. 25 They are homeless in general. FILED: WESTCHESTER COUNTY CLERK 07/13/2023 08:25 PM INDEX NO. 63737/2023 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/13/2023 INTERVIEW 17 1 And I have no problem with them coming in the right 2 way, if they are vetted and, you know, I have no problem 3 with that. 4 MS. PORTER CAMPBELL: And when you say "them", you 5 mean -- are you referring to Mexicans or are you referring 6 to immigrants? 7 OFFICER PEARL: Well, whatever, just in general. 8 Immigrants in general. 9 MS. PORTER CAMPBELL: I think you were trying to 10 say Syrians. You put syruans. 11 OFFICER PEARL: Yeah. 12 MS. PORTER CAMPBELL: S-y-r-u-a-n-s, right? 13 OFFICER PEARL: Yeah. 14 MS. PORTER CAMPBELL: But you are referring to 15 Syrians? 16 OFFICER PEARL: I guess I am, yeah. I don't know. 17 MS. PORTER CAMPBELL: Is that who you are referring 18 to? 19 OFFICER PEARL: I misspelled it if I am. 20 MS. PORTER CAMPBELL: It would be spelled 21 S-y-r-i-a-n. 22 OFFICER PEARL: But I don't actually -- Syrian 23 refugees? Yeah, I am not familiar. I am not, like, I mean 24 it is there so. 25 MS. PORTER CAMPBELL: But -- FILED: WESTCHESTER COUNTY CLERK 07/13/2023 08:25 PM INDEX NO. 63737/2023 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/13/2023 INTERVIEW 18 1 OFFICER PEARL: But I'm mainly, you know as far 2 as -- I have no issue with anybody coming into the country, 3 but you have to do it the right way. 4 MS. PORTER CAMPBELL: So can I just see that again 5 please? 6 OFFICER PEARL: And I have friends who have. 7 MS. PORTER CAMPBELL: Okay. So it is saying you 8 are referring to the Syrian refugees coming in. 9 OFFICER PEARL: Yeah. And off the top of my head, 10 I don't -- I'm not familiar with Syrian refugees coming in. 11 But I don't know when that was. 12 MR. CULLEN: Can I see that again, please. 13 MS. PORTER CAMPBELL: Sure. 14 (Officer Pearl confers with his representatives.) 15 MS. PORTER CAMPBELL: Okay. So but then you 16 reference the Second Amendment, which is the right to bear 17 arms. 18 OFFICER PEARL: Right. 19 MS. PORTER CAMPBELL: So are you talking about, you 20 know, you also indicate here let them move to your 21 neighborhood. And then the right to bear arms. 22 Why don't you explain that to me. What are you 23 trying to say in that instance? 24 OFFICER PEARL: Just confusion I guess, I don't 25 know. FILED: WESTCHESTER COUNTY CLERK 07/13/2023 08:25 PM INDEX NO. 63737/2023 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/13/2023 INTERVIEW 19 1 MS. PORTER CAMPBELL: What do you mean by 2 confusion? You are confused? 3 OFFICER PEARL: No, I am guessing -- could I see 4 that again? 5 MS. PORTER CAMPBELL: Uh-huh. 6 OFFICER PEARL: No. This all goes to the open 7 borders and, you know, they are big on trying to revoke the 8 Second Amendment, gun control. 9 MS. PORTER CAMPBELL: Who is they? 10 OFFICER PEARL: The government. 11 MS. PORTER CAMPBELL: Okay. So in one instance you 12 are talking about the open borders, which would refer -- are 13 you then referring to Mexicans? 14 OFFICER PEARL: Just borders in general. Canadians 15 too. I mean, it's a border. 16 MS. PORTER CAMPBELL: Okay. And then you are also 17 referring to Syrians, who obviously Syrians would more 18 likely be able to come by plane because we don't share a 19 border with Syrians. 20 OFFICER PEARL: Yeah, I am a little stumped on that 21 honestly. I don't know why I would have -- I don't know. I 22 don't recall anything with Syrian refugees. 23 MS. PORTER CAMPBELL: Okay. 24 OFFICER PEARL: So I don't know. I don't know 25 what -- FILED: WESTCHESTER COUNTY CLERK 07/13/2023 08:25 PM INDEX NO. 63737/2023 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/13/2023 INTERVIEW 20 1 MS. PORTER CAMPBELL: So is that negative trying to 2 say let them move to your neighborhood, so let them move 3 into your neighborhood and not my neighborhood? 4 OFFICER PEARL: I guess. 5 MS. PORTER CAMPBELL: And as far as the second 6 amendment, are you advocating any kind of violence? Because 7 when someone says Second Amendment, baby, I'm ready. Meaning 8 that -- 9 OFFICER PEARL: No. There's nothing there that 10 advocates violence. 11 MS. PORTER CAMPBELL: Well, I'm ready meaning I'm 12 ready to take up arms. 13 OFFICER PEARL: That's your interpretation. 14 MS. PORTER CAMPBELL: Is that what you mean? 15 OFFICER PEARL: No. I just said Second Amendment. 16 That's all it says. 17 MS. PORTER CAMPBELL: So what does that mean? 18 OFFICER PEARL: That I am pro-Second Amendment, 19 that's what that means. I am pro-military, I am pro-police. 20 And I stand for the flag. 21 MS. PORTER CAMPBELL: So in this, you are saying 22 you are not advocating violence at all by -- 23 OFFICER PEARL: I have never advocated violence. 24 MS. PORTER CAMPBELL: -- or taking up weapons, or 25 arms I should say. FILED: WESTCHESTER COUNTY CLERK 07/13/2023 08:25 PM INDEX NO. 63737/2023 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/13/2023 INTERVIEW 21 1 OFFICER PEARL: I have never advocated violence. I 2 don't even carry my weapon off duty so. 3 MS. PORTER CAMPBELL: So those are the three posts 4 that I had. Anything that you want to say before we close 5 out the record to -- in response? 6 MR. CULLEN: Can you give us 30 seconds? 7 MS. PORTER CAMPBELL: Okay. We will take a break 8 while you confer. 9 MR. CULLEN: It won't be very long. 10 MS. PORTER CAMPBELL: Okay. No problem. 11 (Brief recess.) 12 MS. PORTER CAMPBELL: So we have resumed the 13 interview of Officer Dave Pearl. 14 And I just had a couple more questions I did forget 15 before I give you a chance to wrap up. 16 Do you recall when you made that post, the last one 17 that we were discussing? About the -- 18 OFFICER PEARL: Borders? 19 MS. PORTER CAMPBELL: I'm sorry? 20 OFFICER PEARL: About the border? 21 MS. PORTER CAMPBELL: Yes. 22 OFFICER PEARL: Do I know when I made it? 23 MS. PORTER CAMPBELL: Yes. 24 MR. CULLEN: It was not a post. It was a comment, 25 right? FILED: WESTCHESTER COUNTY CLERK 07/13/2023 08:25 PM INDEX NO. 63737/2023 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/13/2023 INTERVIEW 22 1 OFFICER PEARL: It was a comment. 2 MS. PORTER CAMPBELL: Yeah, a comment. 3 OFFICER PEARL: Probably around the time when I 4 paid my daughter's college tuition. 5 MS. PORTER CAMPBELL: Which was when? 6 OFFICER PEARL: August, September. 7 MS. PORTER CAMPBELL: Of 2020? 8 OFFICER PEARL: Correct. 9 MS. PORTER CAMPBELL: Okay. And was it in response 10 -- I know we did have, you know, there were other things 11 there. I don't have anything before except someone named 12 Al Mallah -- 13 OFFICER PEARL: I have no idea who that is. 14 MS. PORTER CAMPBELL: -- okay, had posted the 15 amount of, quote, butt hurt liberals is too damn high. And 16 then someone else, Lloyd Ballou. 17 OFFICER PEARL: I don't know any of those people. 18 MS. PORTER CAMPBELL: Okay. So that was in, you 19 know, something about that. But you don't know who those 20 people are. 21 OFFICER PEARL: It does not show what the original 22 post was. 23 MS. PORTER CAMPBELL: Right. 24 OFFICER PEARL: So these are just people's 25 comments. FILED: WESTCHESTER COUNTY CLERK 07/13/2023 08:25 PM INDEX NO. 63737/2023 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/13/2023 INTERVIEW 23 1 MS. PORTER CAMPBELL: Who are also responding to 2 something. 3 OFFICER PEARL: To whatever, right. 4 MS. PORTER CAMPBELL: Okay. So you don't know any 5 of those folks? 6 OFFICER PEARL: Just like all of these are comments 7 to original posts which are not shown. 8 MS. PORTER CAMPBELL: Okay. So is there 9 anything -- 10 OFFICER PEARL: Yes. As far as the border comment, 11 you know, I kind of feel like I have been personally 12 affected by it because I am a single father. I have four 13 kids. I put three through college. I don't get any federal 14 assistance. I don't get any stimulus money. And you know, 15 when I hear about all these people coming in, and they get 16 free housing, free food, free everything, it is, you know, a 17 little upsetting. 18 MS. PORTER CAMPBELL: So you're saying you are 19 upset because there are certain people who come into the 20 country and are able to get, whether it is assistance -- 21 OFFICER PEARL: It is whatever, free something. I 22 don't get free anything. I don't get a break. I am living 23 paycheck to paycheck, if that. Sometimes I am in the red. 24 It is very upsetting that I get zero. So that's where that 25 was coming from. FILED: WESTCHESTER COUNTY CLERK 07/13/2023 08:25 PM INDEX NO. 63737/2023 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/13/2023 INTERVIEW 24 1 MS. PORTER CAMPBELL: Okay. Is there anything else 2 that you want to add, sir? 3 OFFICER PEARL: I am just trying to touch base. 4 That was on that one. On the other thing with the, you 5 know, the savages comment, I mean, listen, that's just what 6 it was, destruction and violence. January 6th, same thing, 7 there were savages there too. I mean it was totally 8 disgraceful. 9 That's, you know, maybe I shouldn't use the word 10 savage but. What else? What was the other one? 11 MS. PORTER CAMPBELL: That's about Joe Biden. 12 OFFICER PEARL: The Biden one, yeah. That was 13 just, yeah, a poor choice of words. 14 MS. PORTER CAMPBELL: Okay. Is that it? 15 OFFICER PEARL: I guess, yeah. 16 MS. PORTER CAMPBELL: Okay. 17 Pat or Anthony? Are we finished? 18 MR. CULLEN: Yes. 19 MS. PORTER CAMPBELL: We will close the record. 20 Okay. Thank you. 21 MR. CULLEN: Can you just explain what the -- 22 (Recording ended.) 23 24 25 FILED: WESTCHESTER COUNTY CLERK 07/13/2023 08:25 PM INDEX NO. 63737/2023 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/13/2023