Plaintiff, -against- 5:12 Civ. 1171

Transcription

1 0 Video Deposition of MARY MAIORIELLO UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK X P.C. as Administrator of the Estate of her son K.C., Plaintiff, -against- : Civ. LISA TAYLOR, LAURI TOMASSI, SHARON BUTLER, ERIC SADLON, LEKISHA TERRELL, "HERSHANI" DOE, and JOHN AND JANE DOES -, Defendants X VIDEOTAPED DEPOSITION of a Non-Party Witness, MARY MAIORIELLO, held on October,, commencing at 0:0 a.m., at the New York State Attorney General's Office, Justice Building, th Floor Conference Room, Albany, New York, pursuant to Subpoena; before Susan Florio, a Registered Professional Reporter and Notary Public in and for the State of New York. Susan Florio, RPR - Professional Reporting Service - ()-

2 MR. DAGUE: Objection. 0 Q. And that was in October 0, right? A. Correct. Q. But this is abuse that you had witnessed for months before, right? A. Correct. Q. And so can you just tell me the reason or the reasons why you didn't feel comfortable coming forward? A. Because I was terrified to come forward and say anything. I was told by Sharon Butler on one of my first days that I would do fine at O.D. Heck as an employee if I kept my eyes open and mouth shut. Another day K came home. I believe he had gone to the hospital. He walked in. He had the biggest black eye I've ever seen in my life and I said, "Oh, my God, what happened," and I was told to shut up. Q. By? A. By Sharon Butler. I was told, "He fell." And I said, "He fell?" Because oh, my God, he Susan Florio, RPR - Professional Reporting Service - ()-

3 had this giant black eye. What do you -- who falls on their eye? And she said, "Shut up." So, I shut up. And I saw what they could do to somebody who was helpless and frail and non-verbal and vulnerable. What were they going to do to me? I was scared. was scared. I was wrong for doing that and I 0 Q. By the way, to get off probation after to months, is one thing that State of New York would look at are evaluations from your supervisors? MR. DAGUE: Object. Form. Q. And so were the very people who were abusing KC the same people who were going to help decide whether you got to keep your job? A. I believe so. MR. DAGUE: Object. Form. Q. Was that your belief at the time? Definitely. I'm not -- yes. Q. Now, I think you said New York State was writing your paycheck when you worked there, right? Susan Florio, RPR - Professional Reporting Service - ()-

4 0 holding the door open so her back was to the dining room where K was sitting at the table with his plate by himself. At some point during the morning, during breakfast, he threw it. It went flying. It was pureed food so it's everywhere. So, she became angry because, you know, she had to clean it up, she had to do something about it. She didn't want to do anything. Well, it appeared 0 she didn't want to do anything because she was not doing her job. Q. So, what did Sharon do when K threw his food? A. Sharon took K, held on to him, brought him over to the gym mat, left him on the gym mat and told him he was not going to eat until -- he was not having any more breakfast, he was not going to eat until lunch. We do not throw our food. And that's the end of it. And that he would learn if that's what she did. Q. Okay. And then you wrote, still AG, you wrote, "Throughout the day I witnessed Sharon yell at him, call him the sparrow and the thing, Susan Florio, RPR - Professional Reporting Service - ()-

5 0 hit him with the towel and the blue stick." A. Um-hmm. Q. Did I read that accurately? Q. And that's all true? Q. And so you saw Sharon Butler call K the thing? Q. And was that something she did frequently? The thing, the sparrow. Yes. Q. And can you give examples of how Sharon would call K the thing? A. The thing over here. I mean, she referred to him as the thing, you know. "It." It's getting off the mat again. The thing is up. The thing threw his plate. The sparrow threw his plate. Instead of K threw his plate or K got off the mat, it was the thing, sparrow, it. how. That's Q. So, Sharon referred to K as "it" as well? Susan Florio, RPR - Professional Reporting Service - ()-

6 Q. All right. And you also wrote here that Sharon hit K with a towel on that day. describe that? Can you 0 She wrapped up a towel and hit him with it when he was crawling off the mat. Q. And why did she do that? A. Because she didn't want him to get off the mat. That's what it appeared. From what I saw it appeared she wanted him to stay on the mat for her convenience and that was her way of keeping him there. Q. And had you seen Sharon hit K with a towel before? A. I believe so, yes. Q. And you also wrote that K hit -- I'm sorry. Withdrawn. You also wrote that Sharon Butler hit K with a blue stick? A. Yup. The couches, the way the couches were set in the common area/living room, they had a groove on the top. There was two, there was a little groove between the two cushions and she Susan Florio, RPR - Professional Reporting Service - ()-

7 would keep the stick right there in the groove. She would sit in her little rolley chair with wheels. The mat would be to the left of her. The television was in front. She'd be watching television. And when K would act up, she would 0 do things like hit him with a towel if she had a towel or she would grab the stick from the groove and hit him with it. Q. Okay. And so when K tried to get off the mat was one of Sharon Butler's ways to keep him on the mat to hit him with the stick? A. It appeared that way. Q. And that's something you saw for a period of months? Not just her but, yes. Q. Okay. We'll get to -- there's another statement. A. Okay. I'm sorry. Yes. Q. With a lot of other people too. Q. Okay. Then you wrote, "K signed food/eat and was headed toward the water fountain. Sharon Susan Florio, RPR - Professional Reporting Service - ()-

8 off the mat. She very casually stepped on both of his hands and in a neutral tone told K to stay on the mat." Did I read that accurately? 0 Q. And you witnessed that as well? Q. So, can you describe in your own words what you saw Lekisha Terrell do? I can. K was -- again, the gym mat was on the ground and, as I said previously, he liked to crawl. He was crawling, had his hands off the mat. She walked up to him in a very nonchalant, very casual way, and put one foot on one hand and the other foot on the other hand and said, I think she said something along the lines of get back on the mat or move back or something like that and he casually... But she did it so nonchalant and so casually that it was just -- it appeared very casual. I mean, like she didn't, you know, yell, she didn't make a scene. just went over there and stepped on him. She Q. Okay. And when Ms. Terrell stepped on Susan Florio, RPR - Professional Reporting Service - ()-

9 0 K's hands did she have shoes on? Q. And K was on his hands and knees at that point? He was. Q. And he was on the mat? A. I think his hands were off the mat, his body was on the mat. Q. And so Lekisha Terrell put all her weight on K? Q. And how did K react? A. He pulled back and cowered back, like he would cower back in the corner when he was, not all the time but that time he did. Q. Okay. And did K appear afraid? A. Afraid, angry, upset. It was hard to tell exactly what emotion it was. Hurt maybe. I mean, he cowered in a corner. MR. DAGUE: Just lodge an objection on that last question. Sorry for my delay. Q. And did you believe K was in pain when Susan Florio, RPR - Professional Reporting Service - ()-

10 Lekisha Terrell stepped on his hands? MR. DAGUE: Object to form. 0 Q. Do you have any doubt about that? A. No. Q. And did Ms. Terrell, did she just accidentally -- A. No. Q. -- step on K's hands? A. No. Q. Or was it deliberate? MR. DAGUE: Object to form. A. It was deliberate. Q. Explain. A. Explain? She walked right up to him, looked at him, put one foot on one hand and the other foot on the other hand in a very deliberate -- I mean, if you step on somebody's hand you know it. It was deliberate. She put one foot and then put the other foot right after onto his hands. There was no -- she didn't trip over him, she didn't fall. She put her feet on Susan Florio, RPR - Professional Reporting Service - ()-

11 her -- on his hands and then took her feet off his hands. Q. And is this abuse? A. I think it's abuse. Q. And what words would you describe what 0 Ms. Terrell did? she did? Q. Sadistic? Would you say it was cruel what MR. DAGUE: Object to form. A. Yeah. Definitely cruel and -- inhumane? Maybe that's a better word. Inhumane. Q. Another statement that you gave on October th, 0, written statement is at Exhibit, and 0, right? MR. DAGUE: Was that still, Ilann? MR. MAAZEL: Yes. A. It's the next page. Right? Q. Next page and page after that. A. Okay. Q. Okay. And is this another -- is this Susan Florio, RPR - Professional Reporting Service - ()-

12 0 statement also your handwriting? It is. Q. And is this statement also true? It is. Q. And based on your own personal observations? Q. And, again, you prepared this statement all on your own? A. Correct. Q. No help from anyone, right? A. No. Q. And so let's go through this one. You wrote, "Since I have been working days on D I have witnessed abuse several times for KC. K is regularly referred to as or called 'it,' 'the thing,' 'the sparrow,' 'the walking plague.'" I'll just stop there. A. Okay. Q. And you witnessed all of that, right? A. Correct. Q. And tell me some of the staff that you Susan Florio, RPR - Professional Reporting Service - ()-

13 0 0 saw call KC "it," "the thing," "the sparrow" or "the walking plague"? A. Sharon Butler, Laurie Toma- -- I don't know her last name. Q. Tomassi? A. Tomassi. Lisa Taylor. Q. Did you see Eric Sadlon call K names as well sometimes? Eric has called -- yes. I can't remember anything, anyone else at this time. Well, yeah, I'd have to read through this. Q. And so these people, Sharon, Laurie, Lisa, Eric, called K names? A. Correct. Q. And the names you remember are "it," "the thing," "the sparrow" and "the walking plague"? from? A. Correct. Q. Where did this "walking plague" come A. It was my understanding that they thought he was gross. He wore a pull up. None of the other consumers -- well, I take that back. I Susan Florio, RPR - Professional Reporting Service - ()-

14 Q. Like they would call him "it" to his face? Q. How would Sharon, Laurie, Lisa and Eric do that? A. Instead of his name they would say "it," you know. "Come on, it's time to go." Get up "it." It, you know, it -- they would replace his 0 name with the word "it" or if they weren't directing it at him or they were talking to someone right in front of him, oh, it's time to get the sparrow, come on, or things of that nature. They would call him "it," "it." He was never called K. He was never called K. He was called all these others things in place, whether it was -- and, yes, he was in the room. And he could hear. You know, they would have conversations right in front of him and use those terms in place of his name. Q. And your next sentence on AG you wrote, "It is made clear among staff on D that they do not like K and often say he 'should go Susan Florio, RPR - Professional Reporting Service - ()-

15 0 the times they would hit him. Q. Okay. So, did Sharon Butler hit K with the stick to keep him on the mat? Q. Did Laurie Tomassi hit K with the stick to keep him on the mat? Q. Did Lisa Taylor hit K with the stick to stay on the mat? Q. Did Eric Sadlon hit K with the stick to keep him on the mat? Q. And they did this on a number of occasions? Q. Is this abuse? A. I -- MR. DAGUE: Object. Form. A. I believe it's abuse. Q. And so was K just kept on the mat almost all the time except for meals and changing? Susan Florio, RPR - Professional Reporting Service - ()-

16 Q. And what did the staff do while K was on the mat? What were they doing? A. Talking amongst each other, watching television, playing games on their phones. There 0 was one woman on the unit who was not assigned to K, but she would knit blankets and washcloths and towels and such. Eat. Whatever they felt like doing, watch -- you know, just hang out. Q. Okay. And this went on for hours at a time that Sharon, Laurie, Lisa and Eric would just leave K alone on the mat? A. Yeah. They had that chair on wheels and whoever was assigned to K generally had the chair on wheels so they could be right there and if they chose to put the stick in the couch groove they could be, you know, have quick access and, yeah. Q. And where did Sharon, Laurie, Lisa and Eric hit K with the blue stick when they did that? A. Well, if he was crawling off the mat it would generally be his back area, shoulders, Susan Florio, RPR - Professional Reporting Service - ()-

17 enough -- hitting with enough force to show that they were in control. But you could hear it. 0 So, could it have left a black and blue mark? Could have. Did it? I don't know. Q. Okay. You then wrote, still AG, "I heard the stick referred to as the magic wand by the supervisor, Lisa Taylor." Q. And that is true? A. That is true. Q. Can you describe that? A. Yup. It was -- yes. I remember an occasion where we were in the living room area and the stick was in the end table closest to the -- well, closest to the exit that went to the patio and she was looking for the stick and she said where's my magic wand, and I had no idea what she was talking about, and then she opened the drawer and pulled the stick out and she said something, I have, you know, my magic wand or something to that nature. And -- she was looking for her magic wand and what she produced was the Susan Florio, RPR - Professional Reporting Service - ()-

18 0 blue stick from that drawer. Q. And that was the blue stick that she had hit K with? A. Correct. Q. Do you remember whether other people referred to the blue stick as the magic wand? A. I don't recall any. No. I don't recall. Q. Okay. Then you wrote, "I have seen towels and washcloths and socks put in K's face and mouth when he spits by Laurie Tomassi and Sharon Butler." A. Um-hmm. Q. Is that true? A. That is true. Q. And can you describe that? A. Yup. I can. Yes. I can. He would often spit if he was upset for, you know, whatever reason. And, I mean, he spit on himself. He couldn't even spit. So, why this bothered them so much. I think, again, it was a control thing, but he would spit and they would tell him, "We don't spit here on D. We don't do Susan Florio, RPR - Professional Reporting Service - ()-

19 0 that on D," and they would shove whatever, the sock, the washcloth, the towel in his face, in his mouth and tell him, that we don't spit on D, we don't do this here. Q. And would K sometimes gag when they stuffed -- A. Yeah. Q. -- socks and washcloths into his mouth? A. Yeah. Q. And can you describe what would happen when Laurie Tomassi and Sharon Butler would stuff socks and washcloths in K's mouth and he would gag? see? Could you just describe that, what did you A. Describe what K looked like? Q. What K did and what they did. A. If K spit, they would get a washcloth and towel, like I said, and put it in his face, in his mouth, and tell him, "We don't do this on D," and K would, you know, back up, gag. I'm not sure that I'm understanding your question. Susan Florio, RPR - Professional Reporting Service - ()-

20 Q. And how long would that last? Maybe I should ask that. A. Five to ten seconds. Q. So, was this another way for staff to assert control over K? A. It appeared that way. MR. DAGUE: Object. Form. Q. And you wrote, "I have also seen Laurie 0 and Sharon hit K with towels." A. That is true. Is that true? Q. And that's Laurie Tomassi and Sharon Butler? that? A. Correct. Q. And can you describe, can you describe A. Yeah. Again, in an effort to keep him on the mat they would wrap up a towel and they would fling it at him and hit him with it (indicating). Q. And where would they hit K with the towels, if you remember? A. I don't remember. Wherever was -- it wasn't -- they weren't aiming for any specific Susan Florio, RPR - Professional Reporting Service - ()-

21 spot. They would roll up the towel and hit him with it. K would continue acting or and they'd probably hit him again or he would cower back and cower in the corner. It was no really -- those 0 were the two -- he would either continue and they would continue or he would cower back and they'd "win." Q. Did Laurie Tomassi and Sharon Butler hit K with towels hard enough that you would expect K to experience pain? MR. DAGUE: Object. Form. Q. And when K would cower back away from Laurie and Sharon after they hit him with a towel what would he do? Where would he go? A. There wasn't much room for him to go anywhere because, like I said, it was a corner. He would, you know, again, it was hit or miss. He would either stay there fearful. He might spit. He might bite himself. He might rip his clothes off. He was very spontaneous. K had a variety of behaviors, a variety of reactions. Am Susan Florio, RPR - Professional Reporting Service - ()-

22 I answering the question? Q. Yes. I just want your memory. A. Okay. Q. And I meant to ask you before when -- how would K respond when Sharon Butler or Laurie Tomassi or Lisa Taylor and Eric Sadlon would hit him with a stick? A. The same way he would respond with a 0 towel. He would either cower back or continue like trying to do whatever his original intention was. If that was to get off the mat, he may continue. He may self-injure himself by biting himself, banging his head. I can't recall what other behaviors he had. I definitely remember him banging his head and biting himself in response to those things. I remember him spitting in response. back in response, um. I remember him cowering Q. And how often did Sharon, Laurie, Lisa and Eric hit him with a stick, how often would this happen? MR. DAGUE: Object to form. Susan Florio, RPR - Professional Reporting Service - ()-

23 0 Compound. A. I don't recall specific number of times. Q. Well, let me put it this way, when you would have a shift and K was there -- A. Um-hmm. Q. -- on a typical day would one or more of these staff members be hitting K with a stick? A. If they were assigned to him? Q. Yes. On a typical, yes, that was typical. And if it wasn't with the stick, they would hit him in some way or, yes, they would either -- the towel, the socks, some, one of those behaviors, one of those actions was very typical to happen when they were assigned to him. Q. Did staff sometimes scream at K in order to get him to stay on the mat? A. Yeah. They yelled at him. Get back on the mat. Q. And who did that? A. Oh, I don't know. I don't recall specifically right now. Susan Florio, RPR - Professional Reporting Service - ()-

24 0 A. Bill Murray. Yeah. I don't remember the specific conversation. Q. And when you came back, you came back I guess on October nd, 0? A. Yeah. That's the date on these. Q. And who did you see on October nd? A. I believe it was Bill Murray again. Q. And when you were there on October nd, 0, did you write out a couple more statements? Q. So, let's look at AG in Exhibit. A..? Q. Yes. A. Okay. Q. Okay. And is this your handwriting? It is. Q. And is this a true statement as well? It is. Q. And you wrote, "On a Wednesday within the past few weeks I was working on D. I think it was the same day as the morning fire drill. K was sitting on the couch. K was spitting. Susan Florio, RPR - Professional Reporting Service - ()-

25 Harshanie was on the unit and walked over to K and bent his fingers backwards. She made a 0 comment to me along the lines of, 'Don't worry, I won't leave a mark you will have to write up.'" Did I read that correctly? Q. And is that all true? Q. And you saw that yourself? A. I did. Q. Is Harshanie, Harshanie Boadnaraine? A. I have no idea what her last name is. Q. Was she -- well, how would you -- was she a young sort of -- A. Indian. I don't know how old she was. Her first name was Harshanie. I don't know of any other Harshanie's that worked there. Q. All right. All right. And I think you testified that she was usually C but occasionally did a shift in D? A. Correct. Q. And so can you just describe what Harshanie Susan Florio, RPR - Professional Reporting Service - ()-

26 Boadnaraine did? A. On this? Yes. K was on the couch where the mat would have been behind him. He was on the side closest to where the TV was on the wall. He was here (indicating). I don't know if that helps. Anyhow, I was assigned to K that morning. 0 I went over and I'm not sure if she had been there from the previous night and had done the night shift, if she had just come over from C, if she was there visiting. I really don't know. She was there. She walked up to K, who wasn't acting out or doing anything, and bent his fingers on his hand backwards and then made a comment to me that, don't worry, you won't have to write this up, I won't leave a mark, you won't have to write this up. And then she walked away and went and talked to Cathy Chotkowski. Q. Okay. So, when Ms. Boadnaraine bent K's fingers backwards, was that deliberate? Q. And how far did she bend his fingers backwards? Susan Florio, RPR - Professional Reporting Service - ()-

27 A. I mean far enough that, pretty -- I don't know. Q. Far enough to cause him a lot of pain? Q. And how did K respond when Harshanie -- A. He pulled away. Q. And can you describe how he pulled away? A. He tried to pull his hand away and he 0 backed up. He was on the couch and he was pulling away from her and he pulled away. Q. Would you describe Ms. Boadnaraine's -- would you describe this as abuse? Q. Cruel? Q. Inhumane? Q. Disgusting? A. Absolutely. MR. DAGUE: Object. Form. MR. DAGUE: Object. Form. MR. DAGUE: Object. Form. MR. DAGUE: Object. Form. Susan Florio, RPR - Professional Reporting Service - ()-

28 0 Q. I believe in one of your prior statements you said that you believe that these defendants all treated K like an animal? I -- yes. I agree. I don't know if I've written it, but I've said it. Q. Okay. A. If I haven't written it. Q. And can you describe, you know, why you believe -- A. Because I think everyone else they treated like a person. They didn't make them stay on the ground on a mat. They didn't keep them in a corner. They didn't take their food away. They didn't call them names. They treated them as humans. Q. Other individuals? A. Other individuals. Q. So, how did they treat, how did these defendants treat K like an animal? A. K was put on a gym mat to stay and told to stay in a corner the size of a gym mat. It was not a large area. He was supposed to stay Susan Florio, RPR - Professional Reporting Service - ()-

29 there. His food was withheld. I guess -- you know what, I guess worse than an animal. I don't know. An animal -- I say an animal because I'm saying less than a human. He was treated awful. 0 I don't know -- I'm not sure I'm answering your question. Q. Okay. When K was on that mat did these defendants give him things to play with, things to do or did they just have him sit there? MR. DAGUE: Object. Form. A. They had him sit there. Occasionally -- you know what, occasionally he had a blanket. Q. Okay. Other than the occasional blanket the defendants just had K sit there on the mat? A. Correct. Q. Hour after hour? A. Hour after hour. Q. Doing nothing? A. Doing nothing. MR. DAGUE: Object. Form. Q. While they just ignored him and watched television? Susan Florio, RPR - Professional Reporting Service - ()-

30 A. Correct. Q. And then when he tried to get off the mat they would? A. Direct him back on the mat by hitting him, yelling at him. Well, Eric was able to 0 verbally sometimes get him back on the mat. Usually it was hitting him with the towel, stick. If he spit, it was the sock, the washcloth in his mouth. Yeah. That was their interactions. Q. Did anyone from the investigations unit explain to you that administrative leave is usually for people accused of misconduct not the people who -- A. No. I was told -- Q. -- report misconduct? A. No. Q. Now, just to finish this. On October nd, 0, you also signed one more statement involving a time when K and, I guess, one or two staff members -- there was some sort of restraint? Q. In which you saw a staff member, Tom Susan Florio, RPR - Professional Reporting Service - ()-

31 0 do different things. He would cower back for maybe five minutes, maybe even less than that, maybe even -- he would crawl off the mat again and he would do it again and he'd stay back longer. hit. He had different behaviors when he was 0 Q. And sometimes when he was hit was he cowering back for as long as an hour? Q. And cowering like in a corner of the mat? A. In the corner of the actual walls. Q. How would he be, like a fetal position or how would you describe cowered? A. Yeah. I wouldn't -- I guess. His hands would be up and his legs would be up. He would be guarding himself. His knees would be bent, like that's what I mean by up. Q. Now, the part where Bill Murray says, "I'm a big boy, you can hit me with the stick," was that before or after the video? A. The whole thing was before the video. Q. Did you give any sort of written Susan Florio, RPR - Professional Reporting Service - ()-

32 Q. Is that all true? A. That is all true. Q. "Question: What did that do to him?" And you said, "He would, I saw him cry before. corner." He usually like cowered back into the Is that true? 0 A. That's true. Q. And you said, "Sometimes he would, you know, like I said, I saw him cry a couple times. Sometimes he would just look like, what are you doing. Sometimes he'd back up, go into the corner and kind of cover himself." true? A. True. Is that all Q. Those are all ways K reacted when these staff hit him with the stick and confined him to the mat? Q. And you said, "He got hit and then it hurt. I mean, I don't know how much more than that he knew." And then you said, "Well, it had an effect on him. Okay? Yeah. It absolutely Susan Florio, RPR - Professional Reporting Service - ()-

33 0 had an effect." Do you believe when the staff hit him with a stick it absolutely had an effect on K? Q. And that he got hurt -- A. I -- Q. -- like he was in pain? Q. And you told the police, this is about a minute and :, one employee, Sharon Butler, who had worked there I think years, she told me you'll do just fine, just keep your eyes open and your mouth shut. That was the nature of the place. You don't tell on anybody. You shut up." D -- A. That is true. Q. And so when you were at O.D. Heck in Unit A. I was told by Sharon Butler that I would be fine if I kept my eyes open and my mouth shut. Q. Meaning don't report abuse? Q. At another point with the police, I Susan Florio, RPR - Professional Reporting Service - ()-

34 believe about a minute, : seconds you said, "There was another thing that was disturbing to me with K. K had a huge black eye at one point, when I say huge, I mean, huge, his whole eye was black and blue. K is African-American, but he is light skinned and it was purple and it was his whole eye. And they did bring him to the 0 emergency room and when they came back I heard her saying, oh, my God, what happened to him, and it was like hush, hush, shut up." true? A. That is true. And is that Q. And who said, "Oh, my God, what happened to him"? A. Me. I said that. And Sharon Butler told me to shut up. Q. Okay. A. Not to say anything. She said, "He fell." And I said, "He fell on his eye?" And she said, "He fell." Q. And you believe that Sharon Butler didn't -- was just telling you that's the story? Susan Florio, RPR - Professional Reporting Service - ()-

35 0 A. She wanted me to stop talking. Q. Sharon Butler wanted you to have the story he fell? Q. But you believe Sharon Butler knew that he, K didn't fall at all? MR. DAGUE: Object. Form. A. Clearly. Q. Okay. And then also in June you spoke with someone at the New York Times, right? A. Correct. Q. And why did you do that? A. Because no one was doing anything. No one was listening to me. No one was changing anything. No one cared. There was a non-verbal individual getting hit by sticks and abused and no one cared. So, I thought maybe, you know, they might care after it's in public view. for a second. MR. MAAZEL: Okay. Off the record (Whereupon, a discussion was held off the record.) Susan Florio, RPR - Professional Reporting Service - ()-

36 0 washcloth in his mouth and he was spitting and she said, "We don't spit on D and this is what happens to you when you spit on D and she was shoving the washcloth"; is that all true? A. That is all true. Q. And who said, "We don't spit on D. This is what happens," was that Sharon or Laurie or both? A. They have both said that. Q. To K -- A. To K. Q. -- as they were shoving a washcloth into his mouth? Q. Okay. And then you also told the Inspector General something about when family was visiting they would put on a show? A. Um-hmm. Q. Is that family of KC? Q. So, can you describe that? A. They visited once when I was there. Susan Florio, RPR - Professional Reporting Service - ()-

37 Q. "They" being? A. K's family. I know his mother was there, his brother was there. I'm not sure who -- I think one was his sister and there was, I believe, another girl. I'm not sure who she was. I don't recall. But Sharon had K that day and she dressed him up all nice, cleaned him up, made sure he had a clean pull up. He was not on the 0 mat. He was sitting on the couch. They talked to him like he was a person for the day, which was not a typical occurrence. Especially for Sharon. Yeah. She acted like, like she enjoyed him. Q. In front of the family? A. In front of the family. Q. And what was your reaction to the show that Sharon and others were putting on? A. It was sickening because it was fake. Q. And who was putting on this show? Sharon, was there anyone else you remember putting on the show? A. I don't recall who else was there, but I Susan Florio, RPR - Professional Reporting Service - ()-

38 know Sharon was assigned to him and I know that she had him sitting on the couch and was talking like, like it wasn't even her. Like, she was, 0 you know, a completely different person that day while his family was there. Q. Okay. Were there times when some of the defendants in this case talked about a Heartspring video? Q. And tell us about that. A. Apparently there was a video that came. I never saw it, but there was a video that came from -- is the Heartspring video the video that came from Kansas where his previous placement was? Q. Kansas. A video from Kansas, Heartspring video. Okay. Apparently there was a video that came and it showed him in the video and I guess he was -- I didn't see it. So, this is all secondhand, what they said, but they said he was happy in the video and they had him -- Susan Florio, RPR - Professional Reporting Service - ()-