Preview
FILED: KINGS COUNTY CLERK 09/06/2023 04:52 PM INDEX NO. 506296/2020
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 09/06/2023
Exhibit 2
FILED: KINGS COUNTY CLERK 09/06/2023 04:52 PM INDEX NO. 506296/2020
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 09/06/2023
1
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------x
CAROLINE BORRINO,
Plaintiff,
-against-
DIOCESE OF BROOKLYN, OUR LADY OF GUADALUPE
CHURCH AND SCHOOL, SISTERS OF ST. JOSEPH and
SISTERS OF ST. DOMINIC,
Defendants.
Index No. 506296/2020
--------------------------------------x
31 Hudson Yards
New York, New York
February 7, 2023
11:06 a.m.
Examination Before Trial of the
Plaintiff CAROLINE BORRINO, pursuant to Order,
before Emily Dahne, a Notary Public of the
State of New York.
Enright Court Reporting (631) 589-7788
FILED: KINGS COUNTY CLERK 09/06/2023 04:52 PM INDEX NO. 506296/2020
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 09/06/2023
Testimony about Cathy LoDuca
FILED: KINGS COUNTY CLERK 09/06/2023 04:52 PM INDEX NO. 506296/2020
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 09/06/2023
56
1 Borrino
2 A. No, that's it.
3 Q. Did you ever go to a movie?
4 A. No.
5 Q. Did you ever go for a walk?
6 A. No.
7 Q. Did you ever go to eat something?
8 A. No.
9 Q. Who did you tell that you were
10 meeting Ken Pilpel in the summer of 1990?
11 A. One time we met, me, my
12 girlfriend, Cathy, and her boyfriend, Sal, who
13 were also students at Our Lady of Guadalupe.
14 We went for a ride with him, and I think we
15 went for ice cream.
16 Q. And Cathy's last name?
17 A. LoDuca, she was a friend from
18 Guadalupe.
19 Q. And her boyfriend's name?
20 A. Salvatore Dispenza.
21 Q. When did you go for ice cream
22 with Cathy LoDuca and Salvatore Dispenza?
23 A. I don't remember the day. I
24 don't remember that.
25 Q. Was it in the summer of 1990?
Enright Court Reporting (631) 589-7788
FILED: KINGS COUNTY CLERK 09/06/2023 04:52 PM INDEX NO. 506296/2020
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 09/06/2023
57
1 Borrino
2 A. Yes, it was either in June, it
3 had to be towards the end.
4 Q. I'm sorry, the end of?
5 A. Eighth grade.
6 Q. Were you still in school at the
7 time?
8 A. I don't think so.
9 Q. Did Cathy and Salvatore know that
10 this was --
11 A. Cathy knew.
12 Q. -- a social engagement?
13 A. Cathy knew. I think Sal didn't
14 know. He was not happy.
15 Q. What do you mean?
16 A. He was not happy with being in
17 the car with Mr. Pilpel and the fact that I
18 was secretly dating him.
19 Q. When did you first share with
20 Cathy you were secretly dating?
21 A. She knew from the beginning. She
22 knew everything that went on, from what what
23 happened in the classroom on. She knew his
24 advances towards me in the classroom. She was
25 aware of that.
Enright Court Reporting (631) 589-7788
FILED: KINGS COUNTY CLERK 09/06/2023 04:52 PM INDEX NO. 506296/2020
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 09/06/2023
63
1 Borrino
2 eighth grade?
3 A. I would say maybe once or twice a
4 week.
5 Q. Who did you tell that you were
6 meeting Ken Pilpel outside of school?
7 A. My friend, Cathy.
8 Q. Did you tell anyone else?
9 A. No.
10 Q. Did you ever complain to your
11 mother?
12 A. No.
13 Q. Did you ever share with her that
14 Ken Pilpel had made you more uncomfortable
15 after she went to the school?
16 A. No.
17 Q. Did you ever seek out Sister
18 Lora?
19 A. No.
20 Q. Did you ever tell a teacher?
21 A. No.
22 MS. MORAN: Why don't we take a
23 break there and come back in ten?
24 MS. DOUMANIAN: Sure.
25 (A brief recess was taken from
Enright Court Reporting (631) 589-7788
FILED: KINGS COUNTY CLERK 09/06/2023 04:52 PM INDEX NO. 506296/2020
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 09/06/2023
73
1 Borrino
2 friends, and I turned around and said, what
3 are you doing, and it was him.
4 Q. How long did that interaction
5 last?
6 A. I think I turned and said, what
7 are you doing, and he just walked away, and
8 that was it.
9 Q. Did anyone else see it?
10 A. Maybe the people around me.
11 Q. Did anyone else ever say anything
12 to you about seeing it?
13 A. No.
14 Q. Did you ever talk about it with
15 any of your friends?
16 A. No, maybe Cathy, I think I might
17 have told her he would make me feel
18 uncomfortable.
19 Q. Is that the word you used?
20 A. I think so.
21 Q. When did you first tell Cathy
22 that he made you feel uncomfortable?
23 A. I think every time he made an
24 advance towards me. Every time he made me
25 feel uncomfortable, I'm pretty sure I told
Enright Court Reporting (631) 589-7788
FILED: KINGS COUNTY CLERK 09/06/2023 04:52 PM INDEX NO. 506296/2020
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 09/06/2023
74
1 Borrino
2 her.
3 Q. On the day that he touched your
4 hips, when did you tell Cathy he had done
5 that?
6 A. Probably at lunchtime or maybe --
7 Q. Probably or you recall?
8 A. I don't recall exactly when.
9 Q. How are you sure that you told
10 her?
11 A. Because I told her everything
12 when I was in eighth grade.
13 Q. What do you mean by everything?
14 A. If I liked a boy, I told her all
15 of my secrets. We knew each other's secrets.
16 Q. Did you tell her the first time
17 you kissed Ken?
18 A. Yes, probably.
19 Q. Probably or you did?
20 A. I'm thinking yes.
21 Q. Again, you're thinking yes
22 because why?
23 A. We would tell each other
24 everything we would do with boys. Sal was her
25 boyfriend. She would tell me what she would
Enright Court Reporting (631) 589-7788
FILED: KINGS COUNTY CLERK 09/06/2023 04:52 PM INDEX NO. 506296/2020
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 09/06/2023
87
1 Borrino
2 and he laughed.
3 Q. Were the other students in the
4 classroom at the time?
5 A. Yeah, they should have been.
6 Q. Did you speak loud enough for the
7 other students to hear?
8 A. Maybe, I don't know what anyone
9 else heard. I don't know.
10 Q. Did anyone say anything to you
11 afterwards?
12 A. No.
13 Q. Did you tell anybody at school
14 about the envelope?
15 A. I might have told Cathy.
16 Q. I'm going to stop you.
17 My question is, do you remember
18 telling Cathy?
19 A. Do I, no.
20 Q. While you were in the eighth
21 grade, did you keep a diary?
22 A. No.
23 Q. Did you ever keep a diary?
24 A. No.
25 Q. When Ken Pilpel laughed, what did
Enright Court Reporting (631) 589-7788
FILED: KINGS COUNTY CLERK 09/06/2023 04:52 PM INDEX NO. 506296/2020
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 09/06/2023
104
1 Borrino
2 Q. Did any of your classmates ever
3 discuss that with you?
4 A. When he would be mean to me, they
5 would be like, ooh.
6 Q. Who made the comment, ooh?
7 A. The whole class.
8 Q. Do you remember anybody in
9 particular?
10 A. No.
11 Q. Did you complain to your mother
12 about him being mean to you?
13 A. No.
14 Q. Did you complain to your cousin
15 about him being mean to you?
16 A. No.
17 Q. Did you complain to Sister Lora
18 about him being mean to you?
19 A. No.
20 Q. Did you complain to any other
21 teacher?
22 A. No.
23 Q. Did you tell Cathy?
24 A. She knew, yes.
25 Q. Did you talk about it?
Enright Court Reporting (631) 589-7788
FILED: KINGS COUNTY CLERK 09/06/2023 04:52 PM INDEX NO. 506296/2020
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 09/06/2023
116
1 Borrino
2 contract, so at that point we were intimate.
3 I remember being in his car, and he told me
4 that. We at that point had already been
5 intimate.
6 Q. What do you mean by intimate?
7 A. Kissing, touching me, touching
8 him.
9 Q. Did you tell Cathy that you were
10 kissing him?
11 A. Yes.
12 Q. Did you tell anyone other than
13 Cathy?
14 A. No.
15 Q. Did anyone ever see you kissing
16 Ken Pilpel?
17 A. Maybe that teacher that walked in
18 on us on the staircase.
19 Q. Do you know whether anyone saw
20 you kissing Ken Pilpel ever?
21 A. Not that anyone came and told me,
22 no.
23 Q. In the discovery responses that
24 you prepared, do you claim that Ken Pilpel
25 forced you to touch him in a sexual way?
Enright Court Reporting (631) 589-7788
FILED: KINGS COUNTY CLERK 09/06/2023 04:52 PM INDEX NO. 506296/2020
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 09/06/2023
138
1 Borrino
2 situation we put her in. She ended up just
3 coming to the diner after and meeting me up
4 there. She drove me home that night, and she
5 was upset with me.
6 Q. She ended up driving you home?
7 A. Yes.
8 Q. Did anybody know that you were
9 with Ken Pilpel other than Cathy?
10 A. No.
11 (Sisters of St. Dominic
12 Plaintiff's Exhibit 4, Facebook
13 photograph and message thread, marked
14 for identification, as of this date.)
15 Q. I'm showing you what's been
16 marked for identification as Sisters of
17 St. Dominic Plaintiff's Exhibit 4; do you
18 recognize that document?
19 A. Yes.
20 Q. The document bears Bates number
21 CBM56 through CBM61; what is what's been
22 marked for identification as Plaintiff's
23 Exhibit 4?
24 A. I'm sorry, did you ask me a
25 question? I'm sorry.
Enright Court Reporting (631) 589-7788
FILED: KINGS COUNTY CLERK 09/06/2023 04:52 PM INDEX NO. 506296/2020
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 09/06/2023
197
1 Borrino
2 A. He didn't tell me why.
3 Q. I know you told us that your
4 friend, Cathy, knew about your relationship
5 with Pilpel; did you tell her everything that
6 you would do with Pilpel?
7 A. I think I just told her about
8 that he was touching my breasts. I don't
9 think I went further than that.
10 Q. Did Cathy ever comment about the
11 relationship?
12 A. No.
13 Q. Since that time you received that
14 Facebook post about Pilpel in 2009, have you
15 ever tried looking him up and seeing what he's
16 up to and where he is now?
17 A. Yes, I wanted to make sure he had
18 no interactions with my children or any family
19 or friends' children.
20 Q. What have you found out?
21 A. That he doesn't live near me, and
22 that was enough for me. I don't need to know
23 anything about him.
24 Q. To your knowledge, where is he
25 living now?
Enright Court Reporting (631) 589-7788
FILED: KINGS COUNTY CLERK 09/06/2023 04:52 PM INDEX NO. 506296/2020
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 09/06/2023
238
1 Borrino
2 CONTINUED EXAMINATION BY
3 MR. KIM:
4 Q. Were there times when Ken Pilpel
5 drove you home from school?
6 A. Like pick me up from school, no,
7 we would meet up, and he would drive me two or
8 three blocks away from my house.
9 Q. Did your parents ever meet
10 Pilpel?
11 A. I don't think so, no.
12 Q. As far as you know, besides
13 yourself, did anyone ever read the letters he
14 used to send you?
15 A. I don't think so, no.
16 Q. Did you ever tell Cathy about the
17 letters?
18 A. I'm pretty sure I did. I don't
19 remember.
20 Q. Were there times when you were in
21 the eighth grade when you told your mom you
22 didn't want to go to school or didn't want to
23 go to class?
24 A. Yes.
25 Q. When was that?
Enright Court Reporting (631) 589-7788
FILED: KINGS COUNTY CLERK 09/06/2023 04:52 PM INDEX NO. 506296/2020
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 09/06/2023
Testimony about Robert Bulone
FILED: KINGS COUNTY CLERK 09/06/2023 04:52 PM INDEX NO. 506296/2020
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 09/06/2023
64
1 Borrino
2 12:19 p.m. to 12:34 p.m.)
3 CONTINUED EXAMINATION BY
4 MS. MORAN:
5 Q. In the summer of 1990, what kind
6 of car did Ken Pilpel drive?
7 A. I think it was a Nissan Pulsar.
8 It was like a little blue two-door car.
9 Q. You said on the last occasion you
10 were with him, you met him on 86th Street?
11 A. Yes.
12 Q. The ten other times that you met
13 him in the summer of 1990, did you meet him
14 anywhere other than that?
15 A. I would meet him like a few
16 blocks away from my house, so it was like 78th
17 Street between I think 11th Avenue. I would
18 walk up, and he would be there.
19 Q. I'd like to go back to eighth
20 grade when you had Ken Pilpel in class. For
21 the moment I'd like you to focus on the time
22 period from when you first went to eighth
23 grade until you told your cousin that there
24 was a problem.
25 Do you recall what month of the
Enright Court Reporting (631) 589-7788
FILED: KINGS COUNTY CLERK 09/06/2023 04:52 PM INDEX NO. 506296/2020
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 09/06/2023
65
1 Borrino
2 year it was that you told your cousin there
3 was a problem?
4 A. I don't know the month. I just
5 remember sitting in his car watching him, and
6 I remember there was leaves. It had to be
7 sometime in the fall because I remember leaves
8 around him, and he was wearing a light jacket.
9 Q. And the he you're referring to?
10 A. My cousin.
11 Q. What was your cousin's name?
12 A. Robert Bulone.
13 Q. How do you spell the last name?
14 A. B-U-L-O-N-E.
15 Q. How old was your cousin, Robert?
16 A. He must have been 17 or 18 at the
17 time.
18 Q. You mentioned that you were in a
19 car with him?
20 A. Yes.
21 Q. Whose car?
22 A. My cousin's.
23 Q. What kind of car did he drive?
24 A. He had a white Cadillac at the
25 time.
Enright Court Reporting (631) 589-7788
FILED: KINGS COUNTY CLERK 09/06/2023 04:52 PM INDEX NO. 506296/2020
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 09/06/2023
66
1 Borrino
2 Q. Do you know what model?
3 A. No.
4 Q. What time of day was it?
5 A. It was dismissal so it would have
6 to be 2:30, 3:00.
7 Q. Why were you with your cousin at
8 dismissal?
9 A. Sometimes he would pick he up
10 from school. That day he told me he was going
11 to go talk to the teacher.
12 Q. In this window before you had the
13 conversation with your mother, when was the
14 first time that you claim Ken Pilpel did
15 something that was not a typical
16 teacher-student interaction?
17 A. I don't remember. You're asking
18 for the first time?
19 Q. Yes.
20 A. I don't remember. I just
21 remember, maybe it was the shoulder, massaging
22 my shoulders from behind. I remember him
23 touching me. I'm not sure if that was the
24 first. It might have been. I don't think the
25 leg thing was first. I think that was like, I
Enright Court Reporting (631) 589-7788
FILED: KINGS COUNTY CLERK 09/06/2023 04:52 PM INDEX NO. 506296/2020
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 09/06/2023
152
1 Borrino
2 uncomfortable and he gave you that book. That
3 was it. I didn't want my friends to see me in
4 that way I guess. I don't know.
5 Q. What do you mean in that way?
6 A. I guess that I was a crybaby and
7 went to my mom.
8 Q. And so you had a conversation
9 with your mother about her conversation with
10 Sister Lora?
11 A. Yes.
12 Q. And you read on Facebook that
13 others complained; do you have any other
14 knowledge of any other complaints to anyone at
15 Our Lady of Guadalupe or the Sisters of
16 St. Dominic about Kenneth Pilpel?
17 A. No.
18 Q. Do you claim that Cathy DeBellis
19 Bulone has any information about your
20 allegations in this case?
21 A. She knew that I had issues with
22 Pilpel through my cousin. We've discussed it,
23 and she's been there when we discussed it.
24 Q. When did you have this
25 conversation that she was there for?
Enright Court Reporting (631) 589-7788
FILED: KINGS COUNTY CLERK 09/06/2023 04:52 PM INDEX NO. 506296/2020
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 09/06/2023
153
1 Borrino
2 A. Well, we all have young kids, and
3 every time it was a factor of deciding where
4 to put our children, Catholic school versus
5 public school, my cousin, Robert Bulone, is
6 not a fan of Catholic school. The first thing
7 that he would always bring up, you remember
8 what happened to Caroline when she went to Our
9 Lady of Guadalupe. He would always bring it
10 up. One day she was there when we were
11 discussing it.
12 Q. On how many occasions did he
13 bring up what happened to Caroline at Our Lady
14 of Guadalupe?
15 A. He would bring it up a few times.
16 Q. When was the first time he
17 brought it up?
18 A. Definitely during school time
19 when we were looking at schools. He has older
20 kids than my kids, and when they were looking
21 into putting their kids in school, he was
22 anti-Catholic school.
23 Q. Who was present for this
24 conversation?
25 A. Me, Cathy and Robert -- his wife,
Enright Court Reporting (631) 589-7788
FILED: KINGS COUNTY CLERK 09/06/2023 04:52 PM INDEX NO. 506296/2020
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 09/06/2023
185
1 Borrino
2 A. Yes.
3 Q. The job that you had previously
4 at JFK, was that World Wide Flight Services?
5 A. Yes.
6 Q. What kind of work did you do
7 there?
8 A. I was assistant to the customer
9 service coordinator, and I was also lead tour
10 guide.
11 Q. When you told your cousin,
12 Robert --
13 A. Yes.
14 Q. -- that Pilpel was making you
15 uncomfortable, are those the words that you
16 used?
17 A. Yes.
18 Q. Did you tell Robert that Pilpel
19 was touching any parts of your body?
20 A. I think so.
21 Q. What did you tell Robert about
22 the touching?
23 A. I think I told him he was
24 touching my shoulders, my hips, and that he
25 was coming a little too close to me in the
Enright Court Reporting (631) 589-7788
FILED: KINGS COUNTY CLERK 09/06/2023 04:52 PM INDEX NO. 506296/2020
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 09/06/2023
186
1 Borrino
2 classroom.
3 Q. When you told your mother about
4 Pilpel bothering you, did you tell her that he
5 was touching you?
6 A. No.
7 Q. Was that the term that you used
8 when you were speaking with your mother, that
9 he was bothering you?
10 A. Yes, and the magazine he gave me.
11 Q. Did your mom ask you how he was
12 making you feel uncomfortable or bothering
13 you?
14 A. No.
15 Q. I know you told us you think it
16 was around the fall that you spoke with Robert
17 about Pilpel; when was it in the school year
18 that you told your mom about Pilpel?
19 A. It had to be sometime after my
20 cousin going to speak to Pilpel. I can't know
21 for sure, maybe a month, maybe a week, I'm not
22 sure.
23 Q. How soon after you told your
24 mother did she go to speak with Sister Lora?
25 A. I think she went right away.
Enright Court Reporting (631) 589-7788