jeffery a. pecoraro - baum hedlund...golkow technologies, inc. 877.370.3377 ph | 917.591.5672 fax

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS

WENDY B. DOLIN, Individually and as Independent Executor of the ESTATE OF STEWART DOLIN, Deceased,

))))

Plaintiff, ))

v. ) Case No. 1:12-cv-06403 )

SMITHKLINEBEECHAM CORPORATION D/B/A GLAXOSMITHKLINE, a Pennsylvania Corporation

)))))

Defendant. )

Exhibit 5

Case: 1:12-cv-06403 Document #: 555-5 Filed: 04/14/17 of 47 PageID #:40163

Jeffery A. Pecoraro

Golkow Technologies, Inc. Page 1

1 IN THE UNITED STATES DISTRICT COURT

2 FOR THE NORTHERN DISTRICT OF ILLINOIS

3 EASTERN DIVISION

4 _______________________________________________________________

5 WENDY B. DOLIN, Individually and as )

Independent Executor of the ESTATE OF)

6 STEWART DOLIN, Deceased, )

)

7 Plaintiff, )

)

8 vs. ) No. 1:12-cv-06403

)

9 SMITHKLINE BEECHAM CORPORATION D/B/A )

GLAXOSMITHKLINE, a Pennsylvania )

10 Corporation; MYLAN, INC., a )

Pennsylvania Corporation; and H.D. )

11 SMITH WHOLESALE DRUG CO., a Delaware )

Corporation with its principal place )

12 of business in Illinois, )

)

13 Defendants. )

)

14 _______________________________________________________________

15 VIDEOTAPED DEPOSITION UPON ORAL EXAMINATION

OF

16 JEFFERY A. PECORARO

_______________________________________________________________

178:55 a.m.

18 Tuesday, June 17, 2014

620 South Hill Park Drive

19 Puyallup, Washington

20

21REBECCA L. MAYSE, RPR, CRR, CLR

22

23

24 GOLKOW TECHNOLOGIES, INC.

877.370.3377 ph | 917.591.5672 fax

25 [email protected]


Jeffery A. Pecoraro


1 PROCEEDINGS

2

3 THE VIDEOGRAPHER: We are now on the record. My

4 name is Chris Tiedemann, and I'm a videographer for Golkow

5 Technologies.

6 Today's date is June 17, 2014. The time is 8:55 in the

7 morning. And we are located at the Best Western Premier

8 Plaza Hotel and Conference Center located in Puyallup,

9 Washington.

10 This deposition is being recorded in the matter of

11 Wendy B. Dolin vs. SmithKline Beecham Corp. d/b/a

12 GlaxoSmithKline, et al., in the U.S. District Court,

13 Northern District of Illinois, Eastern Division.

14 The deponent this morning is Mr. Jeffery A. Pecoraro,

15 and the deposition was noticed by Mr. Brent Wisner.

16 The court reporter is Rebecca L. Mayse.

17 And, Rebecca, if you would please now swear the

18 witness.

19 JEFFERY A. PECORARO, having been first sworn under oath

20 by the Certified Court Reporter,

21 testified as follows:

22

23 MR. WISNER: Brent Wisner for the Plaintiff, Wendy

24 Dolin.

25 MR. DAVIS: Todd Davis for Defendant

3 THE VIDEOGRAPHER: We are now on the record. My

4 name is Chris Tiedemann, and I'm a videographer for Golkow

5 Technologies.

6 Today's date is June 17, 2014. The time is 8:55 in the

7 morning. And we are located at the Best Western Premier

8 Plaza Hotel and Conference Center located in Puyallup,

9 Washington.

10 This deposition is being recorded in the matter of

11 Wendy B. Dolin vs. SmithKline Beecham Corp. d/b/a

12 GlaxoSmithKline, et al., in the U.S. District Court,

13 Northern District of Illinois, Eastern Division.

14 The deponent this morning is Mr. Jeffery A. Pecoraro,

15 and the deposition was noticed by Mr. Brent Wisner.

16 The court reporter is Rebecca L. Mayse.

17 And, Rebecca, if you would please now swear the

18 witness.

19 JEFFERY A. PECORARO, having been first sworn under oath

20 by the Certified Court Reporter,

21 testified as follows:

22

23 MR. WISNER: Brent Wisner for the Plaintiff, Wendy

24 Dolin.

25 MR. DAVIS: Todd Davis for Defendant


Jeffery A. Pecoraro


1 GlaxoSmithKline.

2 EXAMINATION

3 BY MR. WISNER:

4 Q Good morning.

5 A Good morning.

6 Q Could you please state your name and spell your last for the

7 record?

8 A My full name?

9 Q Yes.

10 A My full name is Jeffery Aristotle Pecoraro. Last name is

11 spelled P-E, as in "Edward," C, as in "cat," O-R-A-R-O.

12 Q Thank you.

13 Have you ever been deposed before?

14 A Yes.

15 Q Okay. When?

16 A Several times due to either personal lawsuits or as an

17 expert witness.

18 Q Can you give me an idea of how many times?

19 A At least five.

20 Q Okay.

21 A Not more than ten probably.

22 Q All right. And how many of those depositions were you an

23 actual party to the litigation?

24 A Probably three or so.

25 Q Okay. And were you plaintiff or the defendant or was it a

1 GlaxoSmithKline.

2 EXAMINATION

3 BY MR. WISNER:

4 Q Good morning.

5 A Good morning.

6 Q Could you please state your name and spell your last for the

7 record?

8 A My full name?

9 Q Yes.

10 A My full name is Jeffery Aristotle Pecoraro. Last name is

11 spelled P-E, as in "Edward," C, as in "cat," O-R-A-R-O.


Jeffery A. Pecoraro


1 prepare for this deposition today?

2 A A police report.

3 Q Is that it?

4 A Of the actual incident. Yes.

5 Q Okay, great.

6 I'm going to hand you what's going to be marked as

7 Exhibit 1.

8 (Exhibit No. 1 marked.)

9 Q (By Mr. Wisner) I've handed you what has been marked as

10 Exhibit 1. Is this the police report that you reviewed?

11 A (Witness reviewing document.)

12 Yes, it is.

13 Q And is there any portion of this police report that you

14 specifically focused on in preparing for your deposition?

15 A Yes. Page 8 of 8, section Tuesday, 20 July 2010.

16 Q And there it says, "Jeffery Khatri." Is that right?

17 A That is correct.

18 Q And that is your former name?

19 A Correct.

20 Q And when did you change your name from Khatri?

21 A The date of my marriage, October 31, 2011.

22 Q Okay, great. You guys got married on Halloween.

23 A Correct.

24 Q That sounds like a fun wedding.

25 A It was.

6 I'm going to hand you what's going to be marked as

7 Exhibit 1.


9 Q (By Mr. Wisner) I've handed you what has been marked as

10 Exhibit 1. Is this the police report that you reviewed?


12 Yes, it is.

13 Q And is there any portion of this police report that you

14 specifically focused on in preparing for your deposition?

15 A Yes. Page 8 of 8, section Tuesday, 20 July 2010.

16 Q And there it says, "Jeffery Khatri." Is that right?


18 Q And that is your former name?

19 A Correct.

16:6-19Plaintiff's objection:Plaintiff objects to lines 6-19 on relevance and hearsay grounds. The court has previously ruled the police report will not be received in evidence.GSK's response:In civil cases, police reports are regularly admitted as public records, pursuant to Fed. R. Evid. 803(8). See, e.g., Jordan v. Binns, 712 F.3d 1123, 1132-34 (7th Cir. 2013) (admitting police report from accident involving a motorcycle anda truck as a public record); Cairel v. Alderden, No. 09 C 1878, 2014 WL 916364, at *1 (N.D. Ill. Mar. 6, 2014) (“In a civil case, a recorddescribing a matter that apolice officer observed while under a duty to report is admissible.” (citing Fed. R. Evid. 803(8))), aff’d 821F.3d 823 (7th Cir. 2016); Wilson v. City of Chicago,No. 07 CV 1682, 2013 WL 268468, at *5 (N.D. Ill. Jan. 24, 2013)


Jeffery A. Pecoraro


1 You were asked to bring that along with you.

2 Other than your resume, which we'll get to in a second,

3 do you have any copies of e-mail communications with Wendy

4 Dolin or any notes regarding Mr. Dolin's suicide?

5 A I do not.


7 Q (By Mr. Wisner) Okay. Handing you what has been marked as

8 Exhibit 4. This is a copy of your resume; is that right?

9 A This is.

10 Q And this was something that you e-mailed to me about a month

11 and a half ago. Do you recall that?

12 A I do.

13 Q Is this a fair and accurate copy of your resume?

14 A It is.

15 Q Is there anything you'd like to add to it or change to it at

16 this time?

17 A Not at this time.

18 Q Okay, great.

19 Well, I want to kind of go through it a little bit,

20 talk about your training and experience.

21 Let's start off with your education. Where did you go

22 to college?

23 A I went to Illinois State University.

24 Q And what did you study at Illinois State University?

25 A Nursing.

21 Let's start off with your education. Where did you go

22 to college?

23 A I went to Illinois State University.

24 Q And what did you study at Illinois State University?

25 A Nursing.

(“Federal Rule ofEvidence 803(8) permits theintroduction of policereports in civil cases.”).OBJECTION OVERRULED


Jeffery A. Pecoraro


1 Q What does that sort of degree entail? I'm not entirely

2 sure.

3 A It is a baccalaureate prepared registered pre-licensure

4 program, meaning I am just getting into becoming a nurse.

5 There is a baccalaureate program for Registered Nurses that

6 have currently gone through either in the associate degree

7 program or a diploma program. I was just going in to study

8 nursing, no nursing experience.

9 Q Gotcha. And after you completed that degree, did it entitle

10 you to get a license, or how does that work?

11 A Correct. It did -- excuse me. It did entitle me to sit for

12 the NCLEX RN examination, which is the state board

13 examination. Actually, it's the national board.

14 Q And is that -- so that's not just for a specific state,

15 that's for the entire country?

16 A Correct. Every nurse in every state takes the NCLEX RN.

17 Q Okay, great.

18 A May I qualify what NCLEX is? It's N-C-L-E-X. It's the

19 national licensing board, just so...

20 Q Thank you.

21 And it says here that you're currently a student at

22 Gonzaga University; is that right?


24 Q And you're doing a master's of science in nursing?

25 A Correct.

1 Q What does that sort of degree entail? I'm not entirely

2 sure.

3 A It is a baccalaureate prepared registered pre-licensure

4 program, meaning I am just getting into becoming a nurse.

5 There is a baccalaureate program for Registered Nurses that

6 have currently gone through either in the associate degree

7 program or a diploma program. I was just going in to study

8 nursing, no nursing experience.


Jeffery A. Pecoraro


1 was it just --

2 A That was --

3 Q -- purely educational?

4 A -- a pure function of the nurse extern. That was my job, to

5 learn how to become an operating room nurse.

6 Q Okay, great. And it seems like you completed that in 2003;

7 is that right?


9 Q And then after that it looks like you actually started

10 working as a nurse, you're no longer an extern; is that

11 right?

12 A Well, I was a nurse, operating -- working as a nurse --

13 Q Oh, I --

14 A -- in the training program --

15 Q -- misunderstood.

16 A I was a licensed Registered Nurse being trained to work in

17 the operating room.

18 Q I understand now. So it was an educational clinical

19 training program. However, you were also doing the work as

20 a perioperative nurse.

21 A Correct.

22 Q I gotcha. Okay, great.

23 Then you went to Mt. Sinai Medical Center; is that

24 right?


9 Q And then after that it looks like you actually started

10 working as a nurse, you're no longer an extern; is that

11 right?

12 A Well, I was a nurse, operating -- working as a nurse --

13 Q Oh, I --

14 A -- in the training program --

15 Q -- misunderstood.

16 A I was a licensed Registered Nurse being trained to work in

17 the operating room.

24:9-17Plaintiff's objection: Plaintiff objects to lines 9 through 17, as the qualifications of the witness as a nurse will be covered by publishing relevant portions of the witness' CV, Dep. Ex. 4.OVERRULED


Jeffery A. Pecoraro


1 A In your interpretation.

2 Q It comes from the west, heads south --

3 A Could be a loop --

4 Q -- east --

5 A One could define as it's a north/south/east/west type of

6 line, yes.

7 Q Okay. All right. On July 15th, do you recall -- going back

8 to the incident now of what you observed. What station do

9 you -- do you remember what station you were at when you

10 observed the incident?

11 A It was the Washington Station.

12 Q And do you remember why you were there?

13 A I was filing some papers for court.

14 Q Okay. Were you leaving to the court or coming back from it?

15 A I was leaving from the court.

16 Q From the court.

17 A From the courthouse, yes.

18 Q Okay. Were you heading home at the time, do you remember?

19 A Yes.

20 Q All right. And do you remember what time that was?

21 A All I know, it was in the afternoon.

22 Q Okay. Does 1:45 p.m. sound about right?

23 MR. DAVIS: Object to the form; and also leading.

24 A Yeah, I don't know. It was mid-afternoon sometime.

25 Q Okay. If you want to refer to the police report you're

7 Q Okay. All right. On July 15th, do you recall -- going back

8 to the incident now of what you observed. What station do

9 you -- do you remember what station you were at when you

10 observed the incident?

11 A It was the Washington Station.

12 Q And do you remember why you were there?

13 A I was filing some papers for court.

14 Q Okay. Were you leaving to the court or coming back from it?

15 A I was leaving from the court.

16 Q From the court.

17 A From the courthouse, yes.

18 Q Okay. Were you heading home at the time, do you remember?

19 A Yes.

20 Q All right. And do you remember what time that was?

21 A All I know, it was in the afternoon.

22 Q Okay. Does 1:45 p.m. sound about right?

24 A Yeah, I don't know. It was mid-afternoon sometime.

25 Q Okay. If you want to refer to the police report you're


Jeffery A. Pecoraro


1 welcome to because I know that has a lot more specific

2 information. But if you don't remember, that's fine.


4 Based upon the police report, yes, I would say that was

5 a fair, accurate assessment, time estimate.

6 Q Okay. I'm going to hand you what I'm going to mark as

7 Exhibit 6. This is a series of photographs.

8 Do you recognize --

9 Please take a minute to look through these photographs.

10 A (Witness reviewing photographs.)

11 I do recognize them.

12 Q And what are they photographs of?

13 A The Washington Street L stop.

14 Q Okay, great.

15 Now, I want to first draw your attention to -- I guess

16 this is complicated.

17 Let me see these.

18 MR. WISNER: I'm going to mark each one of these

19 photographs as a separate exhibit. So this is Exhibit 6,

20 this is Exhibit 7, Exhibit 8 --

21 MR. DAVIS: Okay. Mine are a little bit out of

22 order.

23 Okay. 8 is this one (indicating)?

24 MR. WISNER: This one (indicating). No.

25 MR. DAVIS: Mine are out of order from yours.

1 welcome to because I know that has a lot more specific

2 information. But if you don't remember, that's fine.


4 Based upon the police report, yes, I would say that was

5 a fair, accurate assessment, time estimate.

6 Q Okay. I'm going to hand you what I'm going to mark as

7 Exhibit 6. This is a series of photographs.

8 Do you recognize --

9 Please take a minute to look through these photographs.

10 A (Witness reviewing photographs.)

11 I do recognize them.

12 Q And what are they photographs of?

13 A The Washington Street L stop.


Jeffery A. Pecoraro


1 Okay, great. I'm handing you Exhibits 6 through 13.

2 A Thank you.

3 Q All right. Drawing your attention first to Exhibit 6. I

4 know you can't read it there, but it says right there on the

5 right -- do you see where it says, "To O'Hare" on the

6 pillar?

7 A I do see that in the front right of the picture.

8 Q Precisely. And that's referring to the right side of the

9 platform; is that right?

10 A I would assume that would be the right or -- right in this

11 picture, yes, as you're looking at it.

12 Q Yes.

13 A Yes.

14 Q Based on this picture for now.

15 And then to the left, that would be the Forest Park

16 direction; is that right?

17 A Correct. I'm -- yeah, it would have to be by deduction.

18 Q Okay, great. Now, if I turn your attention to Page --

19 Picture 7, or Exhibit 7. This is actually a photograph

20 looking the opposite direction from where we were just

21 looking. Do --

22 A I agree.

23 Q -- you see that?

24 A Yes.

25 Q So you have O'Hare, and that's on the left now, right?

I'm handing you Exhibits 6 through 13.

2 A Thank you.

3 Q All right. Drawing your attention first to Exhibit 6. I

4 know you can't read it there, but it says right there on the

5 right -- do you see where it says, "To O'Hare" on the

6 pillar?

7 A I do see that in the front right of the picture.

8 Q Precisely. And that's referring to the right side of the

9 platform; is that right?

10 A I would assume that would be the right or -- right in this

11 picture, yes, as you're looking at it.

12 Q Yes.

13 A Yes.

14 Q Based on this picture for now.

15 And then to the left, that would be the Forest Park

16 direction; is that right?

17 A Correct. I'm -- yeah, it would have to be by deduction.

18 Q Okay, great. Now, if I turn your attention to Page --

19 Picture 7, or Exhibit 7. This is actually a photograph

20 looking the opposite direction from where we were just

21 looking. Do --

22 A I agree.

23 Q -- you see that?

24 A Yes.

25 Q So you have O'Hare, and that's on the left now, right?


Jeffery A. Pecoraro


1 A Correct.

2 Q And Forest Park, that's on the right.

3 A Correct.

4 Q All right. And then if I draw your attention to Picture 8,

5 that is the same picture of that pillar that we saw in

6 Picture No. 6 that was on the far right? Do you see that?

7 A I see that. I don't necessarily -- I can't necessarily say

8 it's the same --

9 Q Fair enough.

10 A -- based -- yeah.

11 Q Fair enough. But it does say, "To O'Hare" --

12 A Correct.

13 Q -- with a "W" there? Okay.

14 And that's the stairs leading up to the street; is that

15 right?

16 A I would assume so, yes.

17 Q Okay. And then if I draw your attention to Picture 9 -- if

18 you want to look at the other pictures for reference, you

19 know, feel free to, but you can see that's just a picture of

20 the O'Hare track. You can see the benches there on the

21 left?

22 A Correct.

23 Q All right. And then --

24 A I don't necessarily know that's the O'Hare track, but --

25 Q And if you just take a note, and I know this is a little

1 A Correct.

2 Q And Forest Park, that's on the right.

3 A Correct.

4 Q All right. And then if I draw your attention to Picture 8,

5 that is the same picture of that pillar that we saw in

6 Picture No. 6 that was on the far right? Do you see that?

7 A I see that. I don't necessarily -- I can't necessarily say

8 it's the same --

9 Q Fair enough.

10 A -- based -- yeah.

11 Q Fair enough. But it does say, "To O'Hare" --

12 A Correct.

13 Q -- with a "W" there? Okay.

14 And that's the stairs leading up to the street; is that

15 right?

16 A I would assume so, yes.

17 Q Okay. And then if I draw your attention to Picture 9 -- if

18 you want to look at the other pictures for reference, you

19 know, feel free to, but you can see that's just a picture of

20 the O'Hare track. You can see the benches there on the

21 left?

22 A Correct.

23 Q All right. And then --

24 A I don't necessarily know that's the O'Hare track, but --

25 Q And if you just take a note, and I know this is a little


Jeffery A. Pecoraro


1 disturbing, but on Picture 9, if you look on the tracks you

2 can see some shoes?

3 A Okay.

4 Q And then on Picture 10 you get a better picture of the

5 shoes.

6 A Okay.

7 Q Do you see --

8 A Yes, I --

9 Q -- that?

10 A -- concur now.

11 Q Okay. And then 11 is, again, another picture. It looks

12 like the train is there now, and that's the O'Hare track?

13 A Okay.

14 Q And you see the running thing on Picture 6 that -- right up

15 there (indicating) is the same here (indicating). See, it's

16 just another angle of the shot --

17 A Okay.

18 Q -- with the train in it? All right.

19 I'm just trying to get you oriented in the space with

20 these pictures. That's what I'm -- the purpose is here.

21 And then No. 12, you see there's some people actually

22 on the track there you see?

23 A Yes.

24 Q And looks like there's something on the track there. It's

25 hard to see, it looks like a little speck?

1 disturbing, but on Picture 9, if you look on the tracks you

2 can see some shoes?

3 A Okay.

4 Q And then on Picture 10 you get a better picture of the

5 shoes.

6 A Okay.

7 Q Do you see --

8 A Yes, I --

9 Q -- that?

10 A -- concur now.

11 Q Okay. And then 11 is, again, another picture. It looks

12 like the train is there now, and that's the O'Hare track?

13 A Okay.

14 Q And you see the running thing on Picture 6 that -- right up

15 there (indicating) is the same here (indicating). See, it's

16 just another angle of the shot --

17 A Okay.

18 Q -- with the train in it? All right.

19 I'm just trying to get you oriented in the space with

20 these pictures. That's what I'm -- the purpose is here.

21 And then No. 12, you see there's some people actually

22 on the track there you see?

23 A Yes.

24 Q And looks like there's something on the track there. It's

25 hard to see, it looks like a little speck?

45:24-46:1GSK objection: LeadingOVERRULED


Jeffery A. Pecoraro


1 A Uh-huh.

2 MR DAVIS: Object to the form.

3 Q (By Mr. Wisner) And it's -- this is the picture of where

4 the PNC sign is on the track. Do you see that?

5 A I see the PNC sign.

6 Q All right, great.

7 And then the last picture here, that's just a picture

8 of the Washington-Madison exit?

9 A Okay.

10 Q And I presume that's the exit to get to Madison Street, is

11 that right, based on your understanding? It's the last

12 picture?

13 A I would believe so, yes. That would be Washington and

14 Madison, yes.

15 Q Okay. All right. Based on these pictures, do you remember

16 where you were standing?

17 You said you were there on July 15th, 2010, right?

18 A Correct.

19 Q Do you remember where you were standing in these pictures,

20 if you can best approximate it?

21 A Picture No. 7 gives the best perspective of how I would have

22 saw the situation.

23 Q Okay, great. Were you standing about where this picture was

24 taken or...?


1 A Uh-huh.

3 Q (By Mr. Wisner) And it's -- this is the picture of where

4 the PNC sign is on the track. Do you see that?

5 A I see the PNC sign.

6 Q All right, great.

7 And then the last picture here, that's just a picture

8 of the Washington-Madison exit?

9 A Okay.

10 Q And I presume that's the exit to get to Madison Street, is

11 that right, based on your understanding? It's the last

12 picture?

13 A I would believe so, yes. That would be Washington and

14 Madison, yes.

15 Q Okay. All right. Based on these pictures, do you remember

16 where you were standing?

17 You said you were there on July 15th, 2010, right?

18 A Correct.

19 Q Do you remember where you were standing in these pictures,

20 if you can best approximate it?

21 A Picture No. 7 gives the best perspective of how I would have

22 saw the situation.

Were you standing about where this picture was

24 taken or...?


Jeffery A. Pecoraro


1 A I cannot ascertain exactly how I was standing, if this was

2 that exact position. However, I did have this view vantage.

3 Q Okay. Do you remember how far away you were from the bench?

4 A I can't speculate. There's probably several benches there.

5 Q Okay. Well, if you look at the first picture, right?

6 Picture No. 6?

7 A Uh-huh.

8 Q It looks like there's a bench there and then there's -- it

9 looks like more stairs heading down to --

10 A Actually, I was standing right around the -- if you see, it

11 looks like there is that blue railing in No. 6?

12 Q Yes.

13 A Right around that area is where I was standing.

14 Q Okay, great.

15 And do you remember whereabouts -- did you see Stewart

16 Dolin at that time?


18 MR. WISNER: Well, let's lay some foundation here

19 first, actually.


21 Q (By Mr. Wisner) I'm handing you what has been marked as

22 Exhibit 14. This is -- I'm going to represent to you is a

23 picture of Stewart Dolin. Is this the man -- do you

24 remember seeing this man that day on the platform?

25 A I cannot identify if this is the exact man that I saw. I

1 A I cannot ascertain exactly how I was standing, if this was

2 that exact position. However, I did have this view vantage.

3 Q Okay. Do you remember how far away you were from the bench?

4 A I can't speculate. There's probably several benches there.

5 Q Okay. Well, if you look at the first picture, right?

6 Picture No. 6?

7 A Uh-huh.

8 Q It looks like there's a bench there and then there's -- it

9 looks like more stairs heading down to --

10 A Actually, I was standing right around the -- if you see, it

11 looks like there is that blue railing in No. 6?

12 Q Yes.

13 A Right around that area is where I was standing.


21 Q (By Mr. Wisner) I'm handing you what has been marked as

22 Exhibit 14. This is -- I'm going to represent to you is a

23 picture of Stewart Dolin. Is this the man -- do you

24 remember seeing this man that day on the platform?

25 A I cannot identify if this is the exact man that I saw. I


Jeffery A. Pecoraro


1 saw a similar man as depicted, that's the best in the police

2 report of my account, is a man that -- he appears to be the

3 individual that was -- that I saw, yes.

4 Q Okay.

5 A However, I couldn't pick him out of a lineup or anything

6 like that.

7 Q Okay. You obviously didn't get a picture of him like this

8 (indicating) --

9 A Correct.

10 Q -- during the time. I got it.

11 All right. When you were -- I want you to sort of walk

12 me through what happened on the train station. So I get now

13 where you were standing near the blue railing in the train

14 station.

15 A Correct.

16 Q Whereabouts was the man that you observed standing?

17 A I saw Mr. Dolin exactly, in Exhibit No. 7, right around the

18 -- under O'Hare sign pointing to the left. I saw that

19 individual pacing from that area, around from the pillar of

20 the staircase on the left there where there's an individual,

21 up to about that second or third pillar where the trash can

22 was, just -- that's where I noticed this individual.

23 Q Okay. And so you observed him -- you said "pacing" just

24 now; is that right?

25 A I saw an individual pacing, yes.

1 saw a similar man as depicted, that's the best in the police

2 report of my account, is a man that -- he appears to be the

3 individual that was -- that I saw, yes.

4 Q Okay.

5 A However, I couldn't pick him out of a lineup or anything

6 like that.

7 Q Okay. You obviously didn't get a picture of him like this

8 (indicating) --

9 A Correct.

10 Q -- during the time. I got it.

11 All right. When you were -- I want you to sort of walk

12 me through what happened on the train station. So I get now

13 where you were standing near the blue railing in the train

14 station.

15 A Correct.

16 Q Whereabouts was the man that you observed standing?

17 A I saw Mr. Dolin exactly, in Exhibit No. 7, right around the

18 -- under O'Hare sign pointing to the left. I saw that

19 individual pacing from that area, around from the pillar of

20 the staircase on the left there where there's an individual,

21 up to about that second or third pillar where the trash can

22 was, just -- that's where I noticed this individual.

23 Q Okay. And so you observed him -- you said "pacing" just

24 now; is that right?

25 A I saw an individual pacing, yes.


Jeffery A. Pecoraro


1 Q And you said it was between where the man is standing in

2 Picture 7 to -- is that about where the trash bag is? Is

3 that fair enough?

4 MR. DAVIS: Object to --

5 Excuse me, Mr. Pecoraro. Sometimes I have to make

6 objections --

7 THE WITNESS: No worries, I understand.

8 MR. DAVIS: -- and -- just for the Judge to rule

9 on later. If you could just wait just a second to let me

10 speak, I would really appreciate it. And I know it's a

11 different environment here in terms of with the court

12 reporter taking down testimony.

13 I'll just object to the form of the question.

14 Q (By Mr. Wisner) So would it be fair to say, then, that you

15 saw this man pacing between where the man is in this

16 photograph back and forth with where the trash bag is?

17 A To --

18 MR. DAVIS: Object --

19 Sorry, Mr. Pecoraro.

20 I object to the form of the question. Also, misstates

21 the testimony as given.

22 A I believe, from what I can recall, that was the general area

23 in which I've seen the individual.

24 Q Okay. Do you remember how he physically appeared at that

25 time?

So would it be fair to say, then, that you

15 saw this man pacing between where the man is in this

16 photograph back and forth with where the trash bag is?

17 A To --

22 A I believe, from what I can recall, that was the general area

23 in which I've seen the individual.

24 Q Okay. Do you remember how he physically appeared at that

25 time?

49:14-23GSK objection: LeadingOVERRULED


Jeffery A. Pecoraro


1 A I do not remember physical characteristics per se because I

2 was more fascinated by the agitation, the appeared agitation

3 of him.

4 Q Can you please describe that?

5 A It was an individual that was pacing. I believe he was

6 looking at his watch, was looking -- I believe I recall him

7 looking for the oncoming train. And I just thought he

8 looked like an individual that was extremely hurried or

9 anxious -- he was definitely anxious, but what it was I

10 don't know, and that's why I observed his behavior. I

11 routinely observe behavior like that, I'm just fascinated by

12 human behavior. That's all I noticed.

13 Q Do you know how long you observed him for?

14 A I do not recall the time. It was for more than two minutes

15 at least because I had turned to look for my train. And I

16 wouldn't be turning unless it was more than a couple of

17 minutes to wait to see where my train was.

18 Q And during this period of time, other than the pacing,

19 looking at the watch, and looking down at the train tracks,

20 did you observe any other physical manifestations of

21 anxiety?

22 MR. DAVIS: Object to the form.

23 A Not that I could tell.

24 Q Did he appear sweaty?


1 A I do not remember physical characteristics per se because I

2 was more fascinated by the agitation, the appeared agitation

3 of him.

4 Q Can you please describe that?

5 A It was an individual that was pacing. I believe he was

6 looking at his watch, was looking -- I believe I recall him

7 looking for the oncoming train. And I just thought he

8 looked like an individual that was extremely hurried or

9 anxious -- he was definitely anxious, but what it was I

10 don't know, and that's why I observed his behavior. I

11 routinely observe behavior like that, I'm just fascinated by

12 human behavior. That's all I noticed.

13 Q Do you know how long you observed him for?

14 A I do not recall the time. It was for more than two minutes

15 at least because I had turned to look for my train. And I

16 wouldn't be turning unless it was more than a couple of

17 minutes to wait to see where my train was.

18 Q And during this period of time, other than the pacing,

19 looking at the watch, and looking down at the train tracks,

20 did you observe any other physical manifestations of

21 anxiety?

23 A Not that I could tell.

24 Q Did he appear sweaty?


Jeffery A. Pecoraro


1 A I could not tell.

2 Q I know it was a July day in Chicago, so that might not be a

3 fair question.

4 MR. DAVIS: Object to the colloquy.

5 Q (By Mr. Wisner) Do you know how many times he looked down

6 the train tracks?

7 A I cannot recall the exact amount of times. It was at least

8 once.

9 Q Do you know how many times he paced back and forth?

10 A It was several times because that's what drew my attention.

11 I don't -- I did not count the exact amount of times.

12 Q And did you notice anybody else looking at him?

13 A There were several individuals around him. Whether they

14 were observing him or not is subjective.

15 Q So you didn't see anyone else looking at him.

16 A I didn't see anyone staring at him, no.

17 Q Okay. At what point did you -- did you see Mr. -- this man

18 jump in front of the train?

19 A I did.


21 Q (By Mr. Wisner) Can you please explain to me the context in

22 which you saw that?

23 A Yes. I was standing there and I heard a train approaching.

24 And due to the tunnel system, I couldn't tell which

25 direction it was coming from. I had turned to look to see

1 A I could not tell.

5 Q (By Mr. Wisner) Do you know how many times he looked down

6 the train tracks?

7 A I cannot recall the exact amount of times. It was at least

8 once.

9 Q Do you know how many times he paced back and forth?

10 A It was several times because that's what drew my attention.

11 I don't -- I did not count the exact amount of times.

12 Q And did you notice anybody else looking at him?

13 A There were several individuals around him. Whether they

14 were observing him or not is subjective.

15 Q So you didn't see anyone else looking at him.

16 A I didn't see anyone staring at him, no.

17 Q Okay. At what point did you -- did you see Mr. -- this man

18 jump in front of the train?

19 A I did.

21 Q (By Mr. Wisner) Can you please explain to me the context in

22 which you saw that?

23 A Yes. I was standing there and I heard a train approaching.

24 And due to the tunnel system, I couldn't tell which

25 direction it was coming from. I had turned to look to see


Jeffery A. Pecoraro


1 if it was my train, noticed it wasn't. I saw the

2 O'Hare-bound train pulling into the Madison Station and a

3 man in the prone position jumping off the platform.

4 Q Did you actually see him jump?

5 A I saw him prone position, I told the police I believe like

6 Superman.

7 Q Okay. And did you see him make any running start or

8 anything like that?

9 A I didn't see the exact moment before the edge of the

10 platform because I had turned to look for the -- I thought

11 it was my coming train. I had just turned to see him at the

12 edge of the platform in the prone position (indicating) in

13 front of the train.

14 Q Okay. And at that time did you see his face at all or


16 A No, I did not.

17 Q What happened next?

18 A The train came to a stop. I had observed this behavior, so

19 I stood around.

20 The train conductor come out -- came out, or the train

21 engineer came out, and I believe he said, "Oh, my God, did

22 you just see that?"

23 And I said, "Yes, I did see that. Are you okay?"

24 And then I don't remember doing anything else.

25 I believe we walked maybe to see if we could see him,

1 if it was my train, noticed it wasn't. I saw the

2 O'Hare-bound train pulling into the Madison Station and a

3 man in the prone position jumping off the platform.

4 Q Did you actually see him jump?

5 A I saw him prone position, I told the police I believe like

6 Superman.

7 Q Okay. And did you see him make any running start or


9 A I didn't see the exact moment before the edge of the

10 platform because I had turned to look for the -- I thought

11 it was my coming train. I had just turned to see him at the

12 edge of the platform in the prone position (indicating) in

13 front of the train.

14 Q Okay. And at that time did you see his face at all or


16 A No, I did not.

17 Q What happened next?

18 A The train came to a stop. I had observed this behavior, so

19 I stood around.

20 The train conductor come out -- came out, or the train

21 engineer came out, and I believe he said, "Oh, my God, did

22 you just see that?"

23 And I said, "Yes, I did see that. Are you okay?"

24 And then I don't remember doing anything else.

25 I believe we walked maybe to see if we could see him,

52:20-53:3GSK objection: Hearsay; Irrelevant (Fed. R. Evid. 401); Unduly Prejudicial (Fed. R. Evid. 403)OVERRULED


Jeffery A. Pecoraro


1 which I believe I did not. And then I stood around to give

2 my information to the police to let them know what I had

3 seen and...

4 Q I want to break that down just a little bit. And I know

5 this isn't something you probably want to remember, but when

6 he jumped in front of the train did you see the body go

7 underneath it? Or what did you see happen at that point?


9 A When I -- what I witnessed was a man at the edge of the

10 platform in a prone position leap in front of the train,

11 jump, whatever verbiage you want to use. He was in a prone

12 position. I heard a sound. And that is all I saw.

13 Q Okay. At that point --

14 MR. DAVIS: Excuse me. I'll object to the

15 responsiveness.

16 Q (By Mr. Wisner) At that point the train stopped, you said;

17 is that right?

18 A I believe so.

19 Q Did it stop sooner than it was supposed to?

20 A I don't recall that.

21 Q Okay. Did you notice that if the train stopped -- was there

22 still train left in the tunnel?

23 A Well, the entire system is a tunnel, so yes.

24 Q Fair enough. I guess what I'm trying to get at is, if you

25 remember, did you notice that the train was half out of the

1 which I believe I did not. And then I stood around to give

2 my information to the police to let them know what I had

3 seen and...

4 Q I want to break that down just a little bit. And I know

5 this isn't something you probably want to remember, but when

6 he jumped in front of the train did you see the body go

7 underneath it? Or what did you see happen at that point?

9 A When I -- what I witnessed was a man at the edge of the

10 platform in a prone position leap in front of the train,

11 jump, whatever verbiage you want to use. He was in a prone

12 position. I heard a sound. And that is all I saw.

16 Q (By Mr. Wisner) At that point the train stopped, you said;

17 is that right?

18 A I believe so.

19 Q Did it stop sooner than it was supposed to?

20 A I don't recall that.


Jeffery A. Pecoraro


1 tunnel, that it stopped prematurely, or did it come to the

2 end of its -- where it was going to stop for the stop

3 anyway?

4 A I'm not going to give a definitive answer to that because I

5 cannot recall --

6 Q Okay.

7 A -- and I don't know the normal stopping pattern of the

8 train.

9 Q Okay. That's fine.

10 And you said you did not see any body onto the train;

11 is that right?

12 A Not that I can recall.

13 Q Did you see anything else around the train, any shoes or


15 A No.

16 Q As soon as the train stopped, did the passengers that were

17 on the train all get off of it?

18 A I do not believe so.

19 Q Okay. Did the doors open at all?

20 A The front doors of the first car at least opened because

21 that's where the train conductor/engineer was.

22 Q But do you recall, if at all, any of the other doors

23 opening?

24 A I do not.

25 Q Okay. How long was it before -- between when you saw the

16 Q As soon as the train stopped, did the passengers that were

17 on the train all get off of it?

18 A I do not believe so.

19 Q Okay. Did the doors open at all?

20 A The front doors of the first car at least opened because

21 that's where the train conductor/engineer was.

22 Q But do you recall, if at all, any of the other doors

23 opening?

24 A I do not.

25 Q Okay. How long was it before -- between when you saw the

54:16-24GSK objection:Irrelevant (Fed. R. Evid. 401)OVERRULED


Jeffery A. Pecoraro


1 man jump or saw the man go into the train and when the

2 police arrived?


4 A Approximately five minutes or so, or less than. I don't

5 recall the exact amount of time, but it was fairly quickly.

6 Q And you mentioned that the train operator said, "Oh, my God,

7 did you just see that?"

8 Do you remember any other conversations, to the best of

9 your ability, that happened before the police arrived?

10 A I did not have any other further conversations with him.

11 Q Did anybody else say anything?

12 A I do not believe so. I do not know. I can't recall.

13 Q Okay. In the police report it mentions there was two

14 individuals who you saw on the train. Take a look at

15 Exhibit No. 1.


17 Q The second paragraph under the heading Tuesday, 20 July

18 2010, third sentence in, it says, "There were two people

19 that were near the place where he jumped, a black male and

20 hispanic female. They stood there for a few minutes, like

21 they were in shock, and then they left with the other

22 people."

23 Is that something that you observed or is that

24 something that the police officer inserted --

25 A When I --

1 man jump or saw the man go into the train and when the

2 police arrived?

4 A Approximately five minutes or so, or less than. I don't

5 recall the exact amount of time, but it was fairly quickly.

6 Q And you mentioned that the train operator said, "Oh, my God,

7 did you just see that?"

8 Do you remember any other conversations, to the best of

9 your ability, that happened before the police arrived?

10 A I did not have any other further conversations with him.

11 Q Did anybody else say anything?

12 A I do not believe so. I do not know. I can't recall.

55:6-12GSK objection: Hearsay; Cumulative; Irrelevant (Fed. R. Evid. 401); Unduly Prejudicial (Fed. R. Evid. 403)OVERRULED


Jeffery A. Pecoraro


1 MR. DAVIS: I'm sorry, Mr. Pecoraro.

2 I object to the form of the question. It's also

3 improper refreshing of a recollection of a witness.

4 A As I reviewed this document prior to coming here, I remember

5 stating this. However, I don't remember the exact role that

6 they played other than they were there prior to the train

7 coming to a stop.

8 And by all the other people leaving, were the people

9 waiting for the O'Hare-bound train. Considering they could

10 not get on that train anymore, they left the subway station.

11 Q Okay. Did they say anything that you remember?

12 A No. I had no interaction with those individuals. I just

13 had seen them. When the man had jumped they were standing

14 the closest to him, and that's I believe why I mentioned

15 those specific people to them, to the police.

16 Q And when the police arrived, what happened at that point?

17 A I believe the paramedics or fire department arrived prior to

18 the police.

19 When the police did arrive, I found an officer and told

20 the officer what I had seen, and made sure they had my

21 contact information.

22 Q And do you remember what that officer looked like?

23 A I do not.

24 Q Do you remember his name or her name?

25 A Might have even been a female. I do not recall any of that.

16 Q And when the police arrived, what happened at that point?

17 A I believe the paramedics or fire department arrived prior to

18 the police.

19 When the police did arrive, I found an officer and told

20 the officer what I had seen, and made sure they had my

21 contact information.


Jeffery A. Pecoraro


1 Q Okay. Do you remember what you told to that police officer

2 at that time?

3 A Exactly what I've just stated today.

4 Q Did you -- were you -- did you describe everything that

5 you've told us today that you described to the police

6 officers that --

7 A I --


9 A I saw -- stated my observations: that I noticed a man

10 pacing, he seemed anxious, nervous; that I heard a train

11 coming, did not know which direction the train was coming

12 from, I looked to see if it was mine, turned back to see a

13 man at the edge of the platform that was in a prone position

14 get hit by the train; and that I saw the conductor come out

15 and I told the train engineer/conductor, whatever the

16 terminology they use these days, that, yes, I'd seen that,

17 "Are you okay?" And just to be a witness.

18 Q Okay. And did you give the police officer that you spoke to

19 a business card?

20 A Correct.

21 Q Okay. And then what did you do? Did you go home?

22 A Yes.

23 Q How did you get home?

24 A I had to walk to the next station because the Forest Park

25 bound trains weren't stopping at that station.

Do you remember what you told to that police officer

2 at that time?

3 A Exactly what I've just stated today.

4 Q Did you -- were you -- did you describe everything that

5 you've told us today that you described to the police

6 officers that --

9 A I saw -- stated my observations: that I noticed a man

10 pacing, he seemed anxious, nervous; that I heard a train

11 coming, did not know which direction the train was coming

12 from, I looked to see if it was mine, turned back to see a

13 man at the edge of the platform that was in a prone position

14 get hit by the train; and that I saw the conductor come out

15 and I told the train engineer/conductor, whatever the

16 terminology they use these days, that, yes, I'd seen that,

17 "Are you okay?" And just to be a witness.

18 Q Okay. And did you give the police officer that you spoke to

19 a business card?

20 A Correct.

21 Q Okay. And then what did you do? Did you go home?

22 A Yes.


Jeffery A. Pecoraro


1 Q Okay. So other than that aspect of what's in these two

2 paragraphs, you agree with everything else?

3 A I do.

4 Q Okay, great.

5 Did you speak with any other police officers other than

6 Detective Tyler after July 19th?

7 A No.

8 Q Did you speak with anybody at all about this case after

9 July --

10 Let me rephrase that question.

11 Following the incident, other than speaking with

12 Detective Tyler, did you speak to anyone else about what you

13 had seen on the platform?

14 A No.

15 Q Did you ever speak with Wendy Dolin?

16 A I may have spoken with her. In fact, I think we did have a

17 telephone conversation, but the extent of that conversation

18 I do not recall.

19 Q Okay. I know you don't have a copy of it, but if you were

20 to see an e-mail that you sent to Wendy, would that help

21 refresh your recollection?


23 A If it's an e-mail that I sent.

24 Q Sure. Let's have you take a look at it, and you can tell me

25 if it helps at all.

15 Q Did you ever speak with Wendy Dolin?

16 A I may have spoken with her. In fact, I think we did have a

17 telephone conversation, but the extent of that conversation

18 I do not recall.

19 Q Okay. I know you don't have a copy of it, but if you were

20 to see an e-mail that you sent to Wendy, would that help

21 refresh your recollection?

23 A If it's an e-mail that I sent.


Jeffery A. Pecoraro


1 MR. WISNER: Marking as Exhibit 15 a document

2 Bates stamped Dolin 000258.


4 Q (By Mr. Wisner) Please take a look at this document and see

5 if -- just take a look at this document. And tell me when

6 you're finished reading through it.


8 Q This document purports to be an e-mail from Jeff Khatri,

9 October 18th, 2010, at 9:58 a.m. The Subject is Statement

10 Revised.

11 Is this an e-mail that you sent, or do you not recall

12 making this -- sending this e-mail?

13 A I recall that she had asked for somewhat of a documentation

14 of what happened. And this probably is the e-mail.

15 However, I don't recall it. I don't recall the train

16 actually being there, as stated in this e-mail. Shows what

17 time does to the mind.

18 Q Sure. It says here that "I heard my train approaching."

19 Previously you testified that you heard a train

20 approaching and you looked to see if it was yours. Could

21 that be what you're referring to here, or are you -- or do

22 you think in this e-mail you're saying the train -- "My

23 train actually was approaching"?


25 A I can't recall the intent at the time writing this, since I

8 Q This document purports to be an e-mail from Jeff Khatri,

9 October 18th, 2010, at 9:58 a.m. The Subject is Statement

10 Revised.

11 Is this an e-mail that you sent, or do you not recall

12 making this -- sending this e-mail?

13 A I recall that she had asked for somewhat of a documentation

14 of what happened. And this probably is the e-mail.

15 However, I don't recall it. I don't recall the train

16 actually being there, as stated in this e-mail. Shows what

17 time does to the mind.


Jeffery A. Pecoraro


1 do not recall writing this. However, I don't recall the

2 train actually being there. I recall hearing the train and

3 looking to see if it was mine, and then turning back

4 immediately to see what I saw.

5 Q Okay. And that's something that I sort of have a question

6 about. And I'm just trying to understand, at least to the

7 best of your recollection, do you recall why you turned and

8 looked towards the man at that time?


10 A As I've previously testified, I was -- and spoke today, I'm

11 fascinated by human behavior. I had looked, which I believe

12 actually happened, to see if my train was coming because the

13 sound in the tunnel system, you cannot necessarily tell

14 which way the train is coming. I looked, and I believe that

15 I did not see it --

16 Q Sure.

17 A -- and immediately looked back.

18 Q And you looked back to see the man that you had seen before;

19 is that right?


21 Q And you did that because his behavior was such that it was

22 of interest to you.

23 A Correct.

24 Q Would it be fair to say that his behavior was unusual?


do you recall why you turned and

8 looked towards the man at that time?

10 A As I've previously testified, I was -- and spoke today, I'm

11 fascinated by human behavior. I had looked, which I believe

12 actually happened, to see if my train was coming because the

13 sound in the tunnel system, you cannot necessarily tell

14 which way the train is coming. I looked, and I believe that

15 I did not see it --

16 Q Sure.

17 A -- and immediately looked back.

18 Q And you looked back to see the man that you had seen before;

19 is that right?


21 Q And you did that because his behavior was such that it was

22 of interest to you.

23 A Correct.

24 Q Would it be fair to say that his behavior was unusual?


Jeffery A. Pecoraro


1 A No, that would not be fair to say.

2 Q Why, then, were you so interested in his behavior at that

3 time?

4 A As I said, I enjoy watching individuals. As even in this

5 e-mail, he was pacing, and I just made up my own story as to

6 why he was pacing and in his own world, which many people do

7 all the time.

8 Q Sure.

9 A So it's not that I -- his behavior was odd, that's all

10 subjective.

11 Q Okay. Following --

12 Do you know about when you spoke with Wendy?

13 A I remember Detective Tyler asking if he could give my

14 contact information to her, I believe. So probably within a

15 couple of weeks to a month or so.

16 Q And do you remember how many conversations, if more than

17 one -- how many conversations, if you remember, did you have

18 with Wendy?

19 A I believe we only had one. Other than that, I do not

20 recall.

21 Q Do you remember how long that conversation was?

22 A I do not recall.

23 Q Do you remember what date that conversation was?

24 A I do not.

25 Q Would it be fair to estimate that it was before October

1 A No, that would not be fair to say.

2 Q Why, then, were you so interested in his behavior at that

3 time?

4 A As I said, I enjoy watching individuals. As even in this

5 e-mail, he was pacing, and I just made up my own story as to

6 why he was pacing and in his own world, which many people do

7 all the time.

8 Q Sure.

9 A So it's not that I -- his behavior was odd, that's all

10 subjective.


Jeffery A. Pecoraro


1 Q Do you remember how long that conversation was?

2 A I don't. We mostly spoke by e-mail, I believe. I don't

3 recall the exact time of time.

4 Q And do you recall during that conversation you made a

5 comment to me about the man that you saw being -- if he had

6 been your patient. Do you remember something along those

7 lines?

8 A I do not.

9 MR. DAVIS: Excuse me. Excuse me. I'll object to

10 the form. It's leading.

11 A I do not.

12 Q Okay.

13 MR. WISNER: Well, let's take a break right now

14 because I'm almost through my material. I just want to go

15 through my notes.

16 THE VIDEOGRAPHER: We are going off the record.

17 The time is 10:10.

18 (Recess taken from 10:10 to 10:19 a.m.)

19 THE VIDEOGRAPHER: We are back on the record.

20 This is -- we are -- it's at 10:19.

21 Q (By Mr. Wisner) A couple of quick follow-ups.

22 First, I see that you're wearing glasses today. Were

23 you wearing glasses at the time?

24 A Yes.

25 Q Was there any reason why you couldn't see what was happening

I see that you're wearing glasses today. Were

23 you wearing glasses at the time?

24 A Yes.

25 Q Was there any reason why you couldn't see what was happening


Jeffery A. Pecoraro


1 at the time?

2 A No.

3 Q Okay. How many feet away would you estimate that you were

4 from the man that you saw pacing?

5 A I think we've covered this. I cannot establish that with

6 accuracy.

7 Q Was it more than 20 feet? Is that fair to say?


9 A I don't know. I would say at least that, yes, but I can't

10 give an exact.

11 Q Okay. And do you by any chance recall what the individual

12 was wearing at the time?

13 A I cannot recall that.

14 Q Okay. Are you familiar or have you ever heard of the

15 phenomenon -- phenomena called akathisia?

16 A I remember hearing it, but that's not an area of my

17 specialty.

18 Q Do you remember where you heard it?

19 A I believe in nursing school during psychiatric nursing.

20 Q And do you know what it is? Do you remember what it is?

21 A No, I cannot.

22 Q Okay. Today is Tuesday. Were you scheduled to work today?

23 A Yes.

24 Q Okay. And you're not going to work today because you're at

25 this deposition?

1 at the time?

2 A No.

3 Q Okay. How many feet away would you estimate that you were

4 from the man that you saw pacing?

5 A I think we've covered this. I cannot establish that with

6 accuracy.

7 Q Was it more than 20 feet? Is that fair to say?

9 A I don't know. I would say at least that, yes, but I can't

10 give an exact.

11 Q Okay. And do you by any chance recall what the individual

12 was wearing at the time?

13 A I cannot recall that.

14 Q Okay. Are you familiar or have you ever heard of the

15 phenomenon -- phenomena called akathisia?

16 A I remember hearing it, but that's not an area of my

17 specialty.

18 Q Do you remember where you heard it?

19 A I believe in nursing school during psychiatric nursing.

20 Q And do you know what it is? Do you remember what it is?

21 A No, I cannot.


Jeffery A. Pecoraro



2 Q And how much do you get paid currently per hour?

3 A I believe it's 43.09 or 02. It's 43 and some odd change.

4 Q Okay, great.

5 MR. WISNER: Mr. Davis?

6

7 EXAMINATION

8 BY MR. DAVIS:

9 Q Hi, Mr. Pecoraro. How are you doing?

10 A Well, thank you. How are you?

11 Q My name is Todd Davis. I represent GlaxoSmithKline in the

12 lawsuit that Wendy Dolin has filed against my client and is

13 pending in federal court in Chicago. Like Mr. Wisner, who

14 represents the Plaintiff, I'm going to ask you some

15 questions about what you observed that day and also about

16 some other issues as well. If at any time you don't

17 understand one of my questions, will you please let me know?

18 A I will.

19 Q If you answer --

20 You understand that your testimony is under oath, just

21 like it would be in a court of law?

22 A I do.

23 Q And if for some reason you don't -- you answer my question,

24 I will assume that you understood it and answered the

25 question that I asked. Is that acceptable to you?

11 Q My name is Todd Davis. I represent GlaxoSmithKline in the

12 lawsuit that Wendy Dolin has filed against my client and is

13 pending in federal court in Chicago. Like Mr. Wisner, who

14 represents the Plaintiff, I'm going to ask you some

15 questions about what you observed that day and also about

16 some other issues as well. If at any time you don't

17 understand one of my questions, will you please let me know?

18 A I will.

20 You understand that your testimony is under oath, just

21 like it would be in a court of law?

22 A I do.


Jeffery A. Pecoraro


1 A Yes.

2 Q You and I have not met before the start of the deposition,

3 have we?

4 A No.

5 Q And we haven't spoken on the phone, either, have we?

6 A No, we have not.

7 Q We had an exchange of correspondence related to the case.

8 Is that fair?


10 Q Okay. Now, prior to July 15, 2010, you did not have any

11 prior interactions with the man whom you observed on the

12 platform that you've discussed with Mr. Wisner; is that

13 right?

14 A That is correct, I did not.

15 Q You had never seen him before?

16 A I have not.

17 Q You had never spoken to him?

18 A I have not.

19 Q And you did not know who he was at the time when you

20 observed him on July 15, 2010?


22 Q Were there other people on the platform when you were there

23 on July 15, 2010, besides the man that you observed?

24 A Yes.

25 Q About 20 people also on the platform? Is that fair to stay?

2 Q You and I have not met before the start of the deposition,

3 have we?

4 A No.

5 Q And we haven't spoken on the phone, either, have we?

6 A No, we have not.

7 Q We had an exchange of correspondence related to the case.

8 Is that fair?


10 Q Okay. Now, prior to July 15, 2010, you did not have any

11 prior interactions with the man whom you observed on the

12 platform that you've discussed with Mr. Wisner; is that

13 right?

14 A That is correct, I did not.

15 Q You had never seen him before?

16 A I have not.

17 Q You had never spoken to him?

18 A I have not.

19 Q And you did not know who he was at the time when you

20 observed him on July 15, 2010?


22 Q Were there other people on the platform when you were there

23 on July 15, 2010, besides the man that you observed?

24 A Yes.

25 Q About 20 people also on the platform? Is that fair to stay?


Jeffery A. Pecoraro


1 A That is a fair guesstimate.

2 Q And you don't recall what the man whom you observed was

3 wearing at the time, do you?

4 A Not at this present day and time, no.

5 Q Is it fair to say that you don't recall or have a memory of

6 anything unusual about how he was dressed?

7 A He was not unusually dressed. I believe he was in a pair of

8 slacks and a T -- a dress shirt, as any of us here in the

9 room are wearing, I believe.

10 Q Do you know whether he -- do you remember anything about

11 whether he was holding or carrying anything?

12 A I don't recall any of that.

13 Q Did you ever observe him use a phone?

14 A No.

15 Q You did not speak with the man whom you observed; is that

16 right?

17 A I did not.

18 Q And you did not hear anything that he said, did you?

19 A No.

20 Q Did you observe him speaking at all or talking or moving his

21 mouth?

22 A I -- no, I -- no, I can't accurately say, no.

23 Q I think you commented that -- in response to Plaintiff's

24 counsel's questioning that some time has gone by since the

25 events of -- that you observed on July 15, 2010. Is that

1 A That is a fair guesstimate.

2 Q And you don't recall what the man whom you observed was

3 wearing at the time, do you?

4 A Not at this present day and time, no.

5 Q Is it fair to say that you don't recall or have a memory of

6 anything unusual about how he was dressed?

7 A He was not unusually dressed. I believe he was in a pair of

8 slacks and a T -- a dress shirt, as any of us here in the

9 room are wearing, I believe.

10 Q Do you know whether he -- do you remember anything about

11 whether he was holding or carrying anything?

12 A I don't recall any of that.

13 Q Did you ever observe him use a phone?

14 A No.

15 Q You did not speak with the man whom you observed; is that

16 right?

17 A I did not.

18 Q And you did not hear anything that he said, did you?

19 A No.

20 Q Did you observe him speaking at all or talking or moving his

21 mouth?

22 A I -- no, I -- no, I can't accurately say, no.

23 Q I think you commented that -- in response to Plaintiff's

24 counsel's questioning that some time has gone by since the

25 events of -- that you observed on July 15, 2010. Is that


Jeffery A. Pecoraro


1 fair?


3 Q And there are specifics that you just do not -- you no

4 longer recall.


6 Q When you saw this individual, who Plaintiff's counsel has

7 said is Mr. Dolin, you concluded and believed that his

8 behavior was of a kind routinely seen of individuals waiting

9 on public transportation?

10 A My opinion was he had something on his mind. He was

11 appearing anxious, which could be explained by an individual

12 that had an appointment or something and waiting on public

13 transportation.

14 Q Yeah. And I think in your e-mail that we -- that's been

15 marked as Exhibit 15 that you sent to Wendy Dolin, you said

16 that the behavior that you observed is routinely seen of

17 individuals waiting on public transportation.

18 A It could be, yes.

19 Q And that's what you wrote in the e-mail to her. Is that

20 true?

21 A This is what is written here, yes.

22 Q And you said that his behavior was so routinely --

23 Let me back up.

24 You believed at the time that his behavior was so

25 routinely seen of individuals waiting on public

1 fair?


3 Q And there are specifics that you just do not -- you no

4 longer recall.


6 Q When you saw this individual, who Plaintiff's counsel has

7 said is Mr. Dolin, you concluded and believed that his

8 behavior was of a kind routinely seen of individuals waiting

9 on public transportation?

10 A My opinion was he had something on his mind. He was

11 appearing anxious, which could be explained by an individual

12 that had an appointment or something and waiting on public

13 transportation.

14 Q Yeah. And I think in your e-mail that we -- that's been

15 marked as Exhibit 15 that you sent to Wendy Dolin, you said

16 that the behavior that you observed is routinely seen of

17 individuals waiting on public transportation.

18 A It could be, yes.

19 Q And that's what you wrote in the e-mail to her. Is that

20 true?

21 A This is what is written here, yes.

22 Q And you said that his behavior was so routinely --

23 Let me back up.

24 You believed at the time that his behavior was so

25 routinely seen of individuals waiting on public


Jeffery A. Pecoraro


1 transportation, that you dismissed his behavior.

2 A I guess in that e-mail "dismiss," that's an improper word.

3 It's a -- I just continued to watch it, fascinated. It

4 wasn't anything that stirred out of the ordinary.

5 Q Yeah. When you wrote the e-mail to Wendy Dolin on October

6 18, 2010, you said that his behavior is "routinely seen of

7 individuals waiting on public transportation, which is why I

8 dismissed his agitated behavior and continued waiting for my

9 train." Is that fair?

10 A That's -- yeah, that's fair enough.

11 Q And you believed that at the time that you wrote that

12 e-mail.

13 A Correct.

14 Q You told Mr. Wisner that it would not be fair to say that

15 Mr. Dolin's behavior was unusual. True?

16 MR. WISNER: Objection; vague, ambiguous,

17 compound, double negative.

18 A He -- wasn't routine, but not uncommon I would say.

19 Q Yeah. And I think your words -- Mr. Wisner asked you

20 whether it would be fair to say whether Mr. Dolin's behavior

21 was unusual. And you responded it would not be fair to say

22 that it was unusual. True?

23 A Given this context and the public transportation, no, it

24 would not be unusual.

25 Q You believed at the time that you observed Mr. Dolin's

1 transportation, that you dismissed his behavior.

2 A I guess in that e-mail "dismiss," that's an improper word.

3 It's a -- I just continued to watch it, fascinated. It

4 wasn't anything that stirred out of the ordinary.

5 Q Yeah. When you wrote the e-mail to Wendy Dolin on October

6 18, 2010, you said that his behavior is "routinely seen of

7 individuals waiting on public transportation, which is why I

8 dismissed his agitated behavior and continued waiting for my

9 train." Is that fair?

10 A That's -- yeah, that's fair enough.

11 Q And you believed that at the time that you wrote that

12 e-mail.

13 A Correct.

14 Q You told Mr. Wisner that it would not be fair to say that

15 Mr. Dolin's behavior was unusual. True?

18 A He -- wasn't routine, but not uncommon I would say.

19 Q Yeah. And I think your words -- Mr. Wisner asked you

20 whether it would be fair to say whether Mr. Dolin's behavior

21 was unusual. And you responded it would not be fair to say

22 that it was unusual. True?

23 A Given this context and the public transportation, no, it

24 would not be unusual.

25 Q You believed at the time that you observed Mr. Dolin's


Jeffery A. Pecoraro


1 behavior that he must have had an important appointment or

2 plans, given his behavior. Is that true?


4 Q It's also fair to say that you cannot say that you observed

5 anyone else looking at Mr. Dolin at the time that you

6 observed him.

7 MR. WISNER: Objection; misstates his testimony.

8 A I did not observe anyone staring at Mr. Dolin.

9 Q When you -- as you were observing him, you did not go up and

10 approach him and ask him if he was doing okay or all right

11 or anything like that, did you?

12 A No.

13 Q I think you told us earlier that after you observed

14 Mr. Dolin, that you looked to see if your train might be

15 coming. Is that fair?

16 A When I heard a train, yes.

17 Q And if your train came, you were intending to get on the

18 train and go to where you needed to go.

19 A Correct.

20 Q And you described earlier what you referred to as pacing; is

21 that right?

22 A Correct.

23 Q And what you're talking about is Mr. Dolin walking from one

24 place to another on the platform?

25 A Correct.

1 behavior that he must have had an important appointment or

2 plans, given his behavior. Is that true?


4 Q It's also fair to say that you cannot say that you observed

5 anyone else looking at Mr. Dolin at the time that you

6 observed him.

8 A I did not observe anyone staring at Mr. Dolin.

9 Q When you -- as you were observing him, you did not go up and

10 approach him and ask him if he was doing okay or all right

11 or anything like that, did you?

12 A No.

13 Q I think you told us earlier that after you observed

14 Mr. Dolin, that you looked to see if your train might be

15 coming. Is that fair?

16 A When I heard a train, yes.

17 Q And if your train came, you were intending to get on the

18 train and go to where you needed to go.

19 A Correct.

20 Q And you described earlier what you referred to as pacing; is

21 that right?

22 A Correct.

23 Q And what you're talking about is Mr. Dolin walking from one

24 place to another on the platform?

25 A Correct.


Jeffery A. Pecoraro


1 Q And you don't recall how many times he may have gone from

2 one point to another on the platform.

3 A I don't recall. I know it had to be frequent to have my

4 attention drawn to it.

5 Q You can't estimate for us how many times you saw him --

6 A At least ten times walking up and back probably.

7 Q And when you say walking back and forth -- excuse me, I

8 think you said walking -- walking back? Did I understand --

9 A Back and forth. Pacing, like a polar bear does in a zoo.

10 They walk in the same line up and back, up and back.

11 MR. DAVIS: I'll move to strike as nonresponsive.

12 Q (By Mr. Davis) Do you recall -- and while Mr. Dolin was

13 doing this, your feelings at the -- your belief at the time

14 was that his behavior was consistent with how other people

15 act when they're waiting on public transportation.

16 A One could, yes. That's one reasoning, yes.

17 Q That's what --

18 A That's what I was thinking, yes.

19 Q You saw Mr. Dolin for a limited amount of time on the train

20 platform?

21 A Yes.

22 Q And you saw him only on that one brief occasion?

23 A Correct.

24 Q You never observed him when he was undergoing any stressful

25 situation.

1 Q And you don't recall how many times he may have gone from

2 one point to another on the platform.

3 A I don't recall. I know it had to be frequent to have my

4 attention drawn to it.

5 Q You can't estimate for us how many times you saw him --

6 A At least ten times walking up and back probably.

7 Q And when you say walking back and forth -- excuse me, I

8 think you said walking -- walking back? Did I understand --

9 A Back and forth. Pacing, like a polar bear does in a zoo.

10 They walk in the same line up and back, up and back.

2 Q (By Mr. Davis) Do you recall -- and while Mr. Dolin was

13 doing this, your feelings at the -- your belief at the time

14 was that his behavior was consistent with how other people

15 act when they're waiting on public transportation.

16 A One could, yes. That's one reasoning, yes.

17 Q That's what --

18 A That's what I was thinking, yes.

19 Q You saw Mr. Dolin for a limited amount of time on the train

20 platform?

21 A Yes.

22 Q And you saw him only on that one brief occasion?

23 A Correct.

24 Q You never observed him when he was undergoing any stressful

25 situation.


Jeffery A. Pecoraro


1 A No.

2 Q No, you did not?

3 A No, I have not observed him.

4 Q You had never observed him when he was under a stressful

5 situation, for example with work or with family.

6 A No, I had no previous contact with him.

7 Q Fair to say you did not know how -- you don't know how

8 Mr. Dolin would respond to stress or anxiety, given the fact

9 that --

10 Let me back up.

11 Fair to say that because you didn't have any prior

12 interactions with Mr. Dolin, you didn't know how he would

13 respond to a stressful or an anxious situation.

14 A Correct.

15 Q So in terms of looking at Mr. Dolin's behavior that day and

16 comparing it to how he acted when he was under stress from

17 either work or family, that's not something that you could

18 tell us today.

19 MR. WISNER: Objection; asked and answered.

20 A That's -- I couldn't, no.

21 Q When you wrote the e-mail to Wendy Dolin, you were --

22 Let me back up.

23 When you wrote the October 18th, 2010 e-mail to Wendy

24 Dolin, you were writing that e-mail at her request?

25 A I believe that was the intent of that e-mail, yes.

1 A No.

2 Q No, you did not?

3 A No, I have not observed him.

4 Q You had never observed him when he was under a stressful

5 situation, for example with work or with family.

6 A No, I had no previous contact with him.

11 Fair to say that because you didn't have any prior

12 interactions with Mr. Dolin, you didn't know how he would

13 respond to a stressful or an anxious situation.

14 A Correct.

15 Q So in terms of looking at Mr. Dolin's behavior that day and

16 comparing it to how he acted when he was under stress from

17 either work or family, that's not something that you could

18 tell us today.

20 A That's -- I couldn't, no.

23 When you wrote the October 18th, 2010 e-mail to Wendy

24 Dolin, you were writing that e-mail at her request?

25 A I believe that was the intent of that e-mail, yes.


Jeffery A. Pecoraro


1 Q I believe you said that in the e-mail itself, you said --

2 the opening line is "As you have requested"?

3 A Correct.

4 Q And you say in there, "I do not have my notes from the date

5 in question, but this is what I observed in regards to the

6 issue at hand"? Is that right?

7 A That is correct, that's what's written.

8 Q And is it fair to say that when you -- what you were trying

9 to do in the e-mail was basically capture what you recalled

10 of Mr. Dolin's behavior that day?

11 A Correct.

12 Q And is it fair to say that when you wrote this e-mail, you

13 did not mention in it to her that Mr. Dolin looked extremely

14 hurried?


16 I do not agree with that statement since I wrote "I

17 assumed he had an important appointment or plans from the

18 way he was looking down the tracks and pacing about." That

19 I was -- you can infer being in a hurried manner.

20 Q Maybe I didn't phrase it quite correctly. Is it fair to say

21 that you did not say in the e-mail itself to Wendy Dolin

22 that Mr. Dolin looked extremely hurried?

23 A Those exact words you're using were not written in the

24 e-mail, correct.

25 Q And I think you also told us that --

1 Q I believe you said that in the e-mail itself, you said --

2 the opening line is "As you have requested"?

3 A Correct.

4 Q And you say in there, "I do not have my notes from the date

5 in question, but this is what I observed in regards to the

6 issue at hand"? Is that right?

7 A That is correct, that's what's written.

8 Q And is it fair to say that when you -- what you were trying

9 to do in the e-mail was basically capture what you recalled

10 of Mr. Dolin's behavior that day?

11 A Correct.

12 Q And is it fair to say that when you wrote this e-mail, you

13 did not mention in it to her that Mr. Dolin looked extremely

14 hurried?


16 I do not agree with that statement since I wrote "I

17 assumed he had an important appointment or plans from the

18 way he was looking down the tracks and pacing about." That

19 I was -- you can infer being in a hurried manner.

20 Q Maybe I didn't phrase it quite correctly. Is it fair to say

21 that you did not say in the e-mail itself to Wendy Dolin

22 that Mr. Dolin looked extremely hurried?

23 A Those exact words you're using were not written in the

24 e-mail, correct.

25 Q And I think you also told us that --


Jeffery A. Pecoraro


1 Let me back up for a second.

2 Fair to say in the e-mail that you also did not

3 describe Mr. Dolin as looking at his watch?

4 A The e-mail is self-explanatory. There's nothing written

5 about a watch in here.

6 Q Now, I take it you don't know about any interactions that

7 Mr. Dolin had with anybody else the day before you observed

8 him.

9 A No.

10 Q No, you don't know?

11 A I do not know. I had not met this individual.

12 Q And you don't know about anything that was going on in his

13 life in the months before his passing.

14 MR. WISNER: Objection; asked and answered.

15 A As answered, no, I do not have any of that knowledge.

16 Q You're here -- the purpose of your testimony of the case is

17 just to describe what you observed that day on the train

18 platform. Is that fair?

19 A That is fair.

20 Q And you're not here -- you're not here and you haven't been

21 asked to render any kind of diagnosis of Mr. Dolin, have

22 you?

23 A No.

24 Q No, you have not?

25 A No, I have not. That's not in my qualifications.

1 Let me back up for a second.

2 Fair to say in the e-mail that you also did not

3 describe Mr. Dolin as looking at his watch?

4 A The e-mail is self-explanatory. There's nothing written

5 about a watch in here.

6 Q Now, I take it you don't know about any interactions that

7 Mr. Dolin had with anybody else the day before you observed

8 him.

9 A No.

10 Q No, you don't know?

11 A I do not know. I had not met this individual.

12 Q And you don't know about anything that was going on in his

13 life in the months before his passing.

15 A As answered, no, I do not have any of that knowledge.

16 Q You're here -- the purpose of your testimony of the case is

17 just to describe what you observed that day on the train

18 platform. Is that fair?

19 A That is fair.

20 Q And you're not here -- you're not here and you haven't been

21 asked to render any kind of diagnosis of Mr. Dolin, have

22 you?

23 A No.

24 Q No, you have not?

25 A No, I have not. That's not in my qualifications.


Jeffery A. Pecoraro


1 Q And you're not going to offer any opinions --

2 Let me back up.

3 Do you have any plans to come to testify at the trial

4 in this case?

5 A No.

6 Q Has anyone talked to you, either Mr. Wisner or anyone at his

7 office or even Wendy Dolin, about coming to testify live at

8 the trial of the case?

9 A No.

10 Q If you were asked to come to testify live at the trial of

11 the case, would you?

12 A As, like here, if a subpoena is issued, yes.

13 Q Okay. And if the subpoena doesn't have the power to get you

14 from Washington State to Chicago, Illinois, would you come?

15 A No.

16 Q Fair to say that you don't plan on offering any opinions or

17 testimony about the adequacy of any warnings for any

18 medication that Mr. Dolin may have been taking at the time

19 of his death.

20 A From my witness account, I do not have the qualifications to

21 attest to that.

22 Q Okay. Fair to say that you also don't have any expertise in

23 the area of what may have caused Mr. Dolin's death.

24 A No.

25 Q No, you do not have the --

3 Do you have any plans to come to testify at the trial

4 in this case?

5 A No.


Jeffery A. Pecoraro


1 A No.

2 Q Have you had any conversations with Plaintiff's counsel

3 about compensation for your time in the deposition?

4 A Yes.

5 Q Okay. What conversations have you had with Plaintiff's

6 counsel about that issue?

7 A I believe I mentioned that since I'm taking a day off work

8 without pay, that I expected to be compensated for my time.

9 Q Have you been compensated for your time by Plaintiff's

10 counsel?

11 A No, I have not.

12 Q Did Plaintiff's counsel explain to you that the parties

13 could work around your work schedule so that you would not

14 have to miss any time at work?

15 A Yes, but -- yeah. Yes.

16 Q Do you have any arrangements at all with Plaintiff's counsel

17 about receiving any kind of compensation for your time spent

18 in deposition here today?

19 A All that was discussed was that expectation, there's no

20 formal agreement in place.

21 Q And what's the expectation that you understand?

22 A That I would be compensated for my time being here today.

23 Q Do you know -- and how much is that time?

24 A I gave I believe Counsel my hourly rate via an e-mail, I

25 believe.

2 Q Have you had any conversations with Plaintiff's counsel

3 about compensation for your time in the deposition?

4 A Yes.

5 Q Okay. What conversations have you had with Plaintiff's

6 counsel about that issue?

7 A I believe I mentioned that since I'm taking a day off work

8 without pay, that I expected to be compensated for my time.

16 Q Do you have any arrangements at all with Plaintiff's counsel

17 about receiving any kind of compensation for your time spent

18 in deposition here today?

19 A All that was discussed was that expectation, there's no

20 formal agreement in place.

21 Q And what's the expectation that you understand?

22 A That I would be compensated for my time being here today.

23 Q Do you know -- and how much is that time?

24 A I gave I believe Counsel my hourly rate via an e-mail, I

25 believe.


Jeffery A. Pecoraro


1 Q Is it your expectation --

2 A Or a phone call. I don't remember.

3 Q Is it your expectation that after the deposition ends today

4 you'll be compensated for your time by Plaintiff's counsel?

5 A I have that expectation. However, there's no formal

6 agreement in place, there's no contract written in stone.

7 Q It's basically Plaintiff's counsel has made a representation

8 or assurances to you that you'll be compensated for your

9 time?

10 A I don't even believe I received an assurance of that. I

11 just said this is my expectation and my hourly rate. I

12 don't know if there was -- I can't recall if there was an

13 exact assurance or not.

14 Q Has Plaintiff's counsel ever said that you won't receive

15 compensation for your time --

16 A No.

17 Q -- in deposition today?

18 Now, is there anything -- have you received any type of

19 compensation for any interactions that you've had with

20 Plaintiff's counsel?

21 A No.

22 Q For example, the phone conversation. Did you receive any

23 compensation for that?

24 A No.

25 Q Did you have any similar expectation of being compensated

1 Q Is it your expectation --

2 A Or a phone call. I don't remember.

3 Q Is it your expectation that after the deposition ends today

4 you'll be compensated for your time by Plaintiff's counsel?

5 A I have that expectation. However, there's no formal

6 agreement in place, there's no contract written in stone.


Jeffery A. Pecoraro


1 for your time on the phone with them?

2 A No.

3 Q Okay. Let me turn your attention back to I believe what's

4 been marked as Exhibit 17. Part of Exhibit 17 --

5 I think that's -- Mr. Pecoraro, I think that's 16.

6 Yeah. 17 is the letter that you wrote.

7 A Okay.

8 Q Yeah. 17, part of that on -- there's an April 25, 2014

9 letter that you wrote Plaintiff's counsel that we talked

10 about earlier. Do you remember that?

11 A Yes.

12 Q There's a statement in the last paragraph of your letter to

13 Plaintiff's counsel dated April 25, 2014. It says, "I'm

14 willing to assist the Plaintiff with this case." Do you

15 remember making that statement?

16 A I do.

17 Q And do you expect your testimony today is somehow assisting

18 the Plaintiff with this case?

19 A No, I see it as speaking the truth to what I've seen.

20 Q And you also see that there is a reference that -- you say,

21 "In addition, any time that I'm required to miss work for

22 this case will be fully compensated as well." Do you see

23 that?

24 A Yes. That's my expectation.

25 MR. DAVIS: Thanks, Mr. Pecoraro. I don't have

12 Q There's a statement in the last paragraph of your letter to

13 Plaintiff's counsel dated April 25, 2014. It says, "I'm

14 willing to assist the Plaintiff with this case." Do you

15 remember making that statement?

16 A I do.

17 Q And do you expect your testimony today is somehow assisting

18 the Plaintiff with this case?

19 A No, I see it as speaking the truth to what I've seen.

20 Q And you also see that there is a reference that -- you say,

21 "In addition, any time that I'm required to miss work for

22 this case will be fully compensated as well." Do you see

23 that?

24 A Yes. That's my expectation.

25 MR. DAVIS: Thanks, Mr. Pecoraro. I don't have


Jeffery A. Pecoraro


1 any further questions at this time.

2 THE WITNESS: Thank you.

3 MR. WISNER: A few follow-up questions,

4 Mr. Pecoraro.

5

6 FURTHER EXAMINATION

7 BY MR. WISNER:

8 Q First, I'd like to go back to what you observed on the train

9 platform on July 15th, 2010. You mentioned that there were

10 about 20 other people on the platform?

11 A That's a fair estimate.

12 Q Did you notice any of those other individuals pacing back

13 and forth?


15 Q Did you notice any of those 20 other individuals looking

16 down towards the tracks?

17 A Not specifically, no.

18 Q Would you characterize the behavior that you saw exhibited

19 by the individual who was pacing as nervous?


21 A I would describe the behavior that I witnessed as someone

22 who was either anxious or agitated. In any event,

23 something -- an individual that was preoccupied, had some

24 preoccupation on their mind.

25 Q Thank you.

1 any further questions at this time.

2 THE WITNESS: Thank you.

3 MR. WISNER: A few follow-up questions,

4 Mr. Pecoraro.

5

6 FURTHER EXAMINATION

7 BY MR. WISNER:

8 Q First, I'd like to go back to what you observed on the train

9 platform on July 15th, 2010. You mentioned that there were

10 about 20 other people on the platform?

11 A That's a fair estimate.

12 Q Did you notice any of those other individuals pacing back

13 and forth?


15 Q Did you notice any of those 20 other individuals looking

16 down towards the tracks?

17 A Not specifically, no.

18 Q Would you characterize the behavior that you saw exhibited

19 by the individual who was pacing as nervous?

21 A I would describe the behavior that I witnessed as someone

22 who was either anxious or agitated. In any event,

23 something -- an individual that was preoccupied, had some

24 preoccupation on their mind.

25 Q Thank you.

92:18-25GSK objection: LeadingOVERRULED


Jeffery A. Pecoraro


1 And sorry to belabor the point, but previously I

2 directed your attention to Exhibit 6 as well as --

3 Let's go to Exhibit 7, it's the photograph. It looks

4 like this (indicating). No. 7. And you testified that you

5 observed the individual pacing from about where the

6 individual is standing in Photograph 7 to approximately

7 around where the trash bag is next to the pillar?

8 MR. DAVIS: Object --

9 A From the best of my rec --

10 MR. DAVIS: Sorry. Object to the form.

11 A From the best of my recollection, yes.

12 Q And you said, during Mr. Davis's questioning, at least ten

13 times. Is that about right?


15 A Yes.

16 MR. WISNER: Okay. No further questions at this

17 time.

18 THE VIDEOGRAPHER: Okay. This is the end of this

19 disk. It concludes the deposition of Mr. Jeffery A.

20 Pecoraro. We're going off the record. The time is 11:08.

21 Here ends this deposition.

22 (Signature reserved.)

23 (Deposition concluded at 11:08 a.m.)

24

25

1 And sorry to belabor the point, but previously I

2 directed your attention to Exhibit 6 as well as --

3 Let's go to Exhibit 7, it's the photograph. It looks

4 like this (indicating). No. 7. And you testified that you

5 observed the individual pacing from about where the

6 individual is standing in Photograph 7 to approximately

7 around where the trash bag is next to the pillar?

11 A From the best of my recollection, yes.

16 MR. WISNER: Okay. No further questions at this

17 time.

18 THE VIDEOGRAPHER: Okay. This is the end of this

19 disk. It concludes the deposition of Mr. Jeffery A.

20 Pecoraro. We're going off the record. The time is 11:08.


jeffery a. pecoraro - baum hedlund...golkow technologies, inc. 877.370.3377 ph | 917.591.5672 fax

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