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  • Caroline Borrino v. Diocese Of Brooklyn, Our Lady Of Guadalupe Church And School, Sisters Of St. Joseph, Sisters Of St. Dominic Torts - Child Victims Act document preview
  • Caroline Borrino v. Diocese Of Brooklyn, Our Lady Of Guadalupe Church And School, Sisters Of St. Joseph, Sisters Of St. Dominic Torts - Child Victims Act document preview
  • Caroline Borrino v. Diocese Of Brooklyn, Our Lady Of Guadalupe Church And School, Sisters Of St. Joseph, Sisters Of St. Dominic Torts - Child Victims Act document preview
  • Caroline Borrino v. Diocese Of Brooklyn, Our Lady Of Guadalupe Church And School, Sisters Of St. Joseph, Sisters Of St. Dominic Torts - Child Victims Act document preview
  • Caroline Borrino v. Diocese Of Brooklyn, Our Lady Of Guadalupe Church And School, Sisters Of St. Joseph, Sisters Of St. Dominic Torts - Child Victims Act document preview
  • Caroline Borrino v. Diocese Of Brooklyn, Our Lady Of Guadalupe Church And School, Sisters Of St. Joseph, Sisters Of St. Dominic Torts - Child Victims Act document preview
  • Caroline Borrino v. Diocese Of Brooklyn, Our Lady Of Guadalupe Church And School, Sisters Of St. Joseph, Sisters Of St. Dominic Torts - Child Victims Act document preview
  • Caroline Borrino v. Diocese Of Brooklyn, Our Lady Of Guadalupe Church And School, Sisters Of St. Joseph, Sisters Of St. Dominic Torts - Child Victims Act document preview
						
                                

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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