STATE OF RH(DE ISLAND AND PROVIDENCE PIANTATIONS

PROVIDENCE, Sc.

HAPPY BFATS, mc., ET AL

vs.

SABINA MATOS, ET AL

) )

SUPERIOR COORT

)NO: PC-2017-0219 ) )

HFARD BEFORE THE HONORABLE MR. JUSTICE RICHARD ···.· A. ·LICHT

APPEARANCES:

JOHN B. HARWOOD, ESQ. &

JUNE 26, 2017

DAVID S. FRANCAZIO, ESQ &

RICHARD W. NICHOLSON, ESQ. FOR THE PLAINTIFFS

LOUIS DESIMONE, JR. ESQ. &

PAUL V.SULLlVAN, ESQ. &

MARIO MARTONE, ESQ. FOR THE DEFENDANTS

J.l.\MIE K. · HALPm, RPR, CSR

1

CE R T I F I CAT I ON

I, Jamie K. Halpin, CSR, hereby certify that the succeeding pages, 1 through 10 inclusive, are a true and accurate transcript of my stenographic notes.

RP , CSR

2

3

INDEX

WITNESSES DIBECT CROSS REDIRECT RECROSS Captaln Dean Isabella 1 6 7 8

E . X H IB ITS

PLAINTIFF'S IDENTIFICATION EULL

DEEENDANT'S IDENTIFICATION EULL

1

2

3

(JUNE 26, 2017)

(AE'TERNOC::N SESSION)

THE CLERK: The matter before the Court is

4 PC-2017-0219, Happy Beats,Inc. ,et alv. City of

5 Providenoe,Boarci of Licenses, et al.

6 MR. HARWOOD: John Harwood for the plaintiffs,

7 your Honor.

8 MR. NICHOLSON: Richard Nicholson for the

9 plaintiffs.

10 MR. DESIMONE: Louis Desimone for the

11 Defendants, Providence Board of Licenses.

12 MR. SULLIVAN: Paul Sullivan for Councilwoman

13 Sabina Matos in her individual and official capacity.

14 MR. MARTONE: Mario Martone for the City of

15 Providence.

16 MR. FRANCAZIO: And I didn't get to stand up

1

17 fast enough, David Francazio on behalf of the plaintiffs.

18 THE COURT: Mr. Harwood, it's my understanding

19 you're going to present one witness who happens to be

20 available today and is a public official in the City of

21 Providence so we don't keep dragging him back and forth

22 so we have one witness then we will continue this matter?

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25

MR. HARWOOD: That is correct, your Honor, yes.

Captain Dean Isabella, your Honor.

(WITNESS ·s«)RN)

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20

21 Q

22 A

23 Q

24 A

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THE CLERK: State your name for the record.

THE WITNESS: Dean Isabella.

THE COURT: Captain, I have no doubt you have

been a witness many times in your career.

THE WITNESS: Yes, sir.

THE COURT: So I don't need to tell you much.

2

The only thing I will say is that if either Mr. Desimone

or Mr. Sullivan get up, that means they're objecting.

Just wait to answer, and vice versa if you are subject to

cross-examination. Mr. Harwood or Mr. Nicholson. Other

than that, I'm sure you will do well.

THE WITNESS: Thank you, sir.

THE ICOURT: And thank you for your service to

our city. It's my understanding you might retire soon?

THE WITNESS: Yes, yes.

THE COURT: How many years?

THE WITNESS: Thirty.

THE COURT: Thirty years on the force.

THE WITNESS: Long time.

DIRECT EXAMINATION BY MR. ~

Captain, how old are you?

I'm fifty-five.

And what is your education level?

I recently received my Master's Degree from Boston

University. I have a Bachelor's Degree from Roger

1 Williams University.

2 Q And what is your occupation?

3 A I'm a police officer in the City of Providence,

4 Providence Police Department.

5 Q And how long?

6 A Thirty years.

7 Q And what's your rank?

8 A I'm a captain with the department.

9 Q How long have you been a captain?

10 A Two and a half years.

11 Q Two and a half years, and you're familiar with the

12 business known as Happy Beats?

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14

A Somewhat, yes.

Q And I believe before that, before let's say August 2016,

15 it was Fantasies --

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17

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25

Q

Q

THE COURT: Therapy, something Therapy.

Club Therapy.

area.

And with regards to Club Therapy, how did you interact

3

4

1 when you were working in your position with the City of

2 Providence, Providence Police?

3 A Well, I would be made aware of all incidents and events

4 that occurred at all the businesses in my district. As

5 the district commander, you're responsible for all of the

6 public safety issues related to your particular

7 geographical area.

8 Q And what timeframe were you familiar with Club Therapy?

9 A Well, I was assigned in that area previous to that so pre

10 2000 up to 2013.

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16

Q

A

So from 2000 to 2013 you were familiar with the actions

of Club Fantasy, correct?

THE COURT: Therapy.

MR. HARWOOD: Club Therapy, I'm sorry.

That's okay. I know what you meant.

THE COURT: Probably was familiar with Club

17 Fantasy top in your official and professional capacity.

18 MR. HARWOOD: If I'm not mistaken, that's near

19 the traffic court.

20 THE COURT: Right next to Public Safety.

Q Are you familiar with whether Club Therapy served alcohol

up to 2:00 a.m. during your oversight of that business?

A Yes, I am.

Q And how are you familiar with that?

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25 A They would have a caterer come in and serve alcohol under

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4

Q

A

the caterer's license.

And how many years were you familiar that they had a

caterer coming in to serve alcohol roughly?

Roughly, I would say three years, approximately, maybe

5 more.

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16

Q

A

Q

A

Q

A

Q

A

Okay, and when did you stop having oversight in your

capacity as a police officer with Club Therapy?

It would be 2014.

2014?

Somewhere around that area about.

And as the district commander, would you report to your

superiors about the ongoing activities of Club Therapy?

Yes, I would.

And were they ·informed or aware that the caterer would

come in and serve alcohol up to 2:00 a.m. also?

I'm not sure. I would report to them any particular

17 incidents that occurred at that location at our command

18 staff .meeting if they came up, but I'm not sure if they

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were aware of any specific infonnation about licenses and

what was being done in particular locations.

Q Do you recall whether or not you told anyone superior to

you that in fact Club Therapy was serving alcohol up to

23 2:00 a.m. byway of a caterer?

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A I don't recall.

MR. HARWOOD: No further questions, your Honor.

· .~ \ ,

.~ . )

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6

1 MR. DESIMONE: Just a couple of questions, your

2 Honor.

3 CROSS-EXl-\MIm\.TICN BY MR. DESIMJNE

4 Q Captain, you said you were familiar with service to 2:00

5 a.m. at Club Therapy, how were you familiar with that?

6 A I became aware that they were using a -- because they had

7 a 1:00 to 5:00 license which is an overnight license, I

8 became aware that they were also serving alcohol under a

9 caterer's license which to me was very unusual.

10 Q Did you knowhow many hours they were serving

11 specifically?

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13

A

Q

Up to, 1 believe, 1:00 a.m., somewhere around there.

So as far as you know they were serving with the caterer

14 until 1:00 a.m.?

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16

A

Q

I believe so.

And -- did you ever again, just to buttress off the

17 question that was asked on direct, so there wasn't any

18 occasion where you reported to either your superiors or

19 anyone in city administration or the Board of Licenses

20 that they were serving alcohol with a caterer until 2:00

21 a.m.?

22 A Well, no. There was one incident where they were called

23 into the Board of Licenses.

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25

Q

A

And do you recall when that was?

I don't, I don't recall the exact, but I know there was

1 an incident that occurred there and that was brought to

2 the Board of Licenses, the fact that they were serving

3 alcohol through a caterer.

4 Q Do you know what occurred at the point in time?

5 A I don't remember.

6 Q And do you know around what year that was, and I know

7 it's a long time?

8 A I really -- I wish I did. I don't.

9 Q But you specifically didn't notice the Board of Licenses

10 or any of your superiors that you can recall?

11 A Not that I can recall.

12 Q That they were serving until 2:00 a.m.?

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A That's correct.

rvIR. DESIMONE:

rvIR. SULLIVAN:

rvIR. HARWOOD:

That's all I have, your Honor.

I have no questions.

I just have a few for

17 clarification.

18 REDIRECT EXAMINATION BY MR. ~

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20

Q I just want to make sure, Captain, you were aware that

Club Therapy was serving alcohol through the caterer up

21 until 2:00 a.m., correct?

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A

Q

I'm not sure exactly of the time. It could have been

1:00, 2:00. Whatever the caterer's license allowed,

that's what they were serving up to.

r want to make sure, and correct me if I'm wrong, when I

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8

1 asked you, I believe you indicated that you were familiar

2 as the district corrmander them serving alcohol up to 2:00

3 a.m. at least for three years, I just want to make sure I

4 got that correct?

5 A Yeah. The time was 1:00 or 2:00 a.m. I'm not entirely

6 certain of what that time would be. Whatever the

7 restriction on the caterer's license was, that's the time

8 that they served alcohol to them.

9 Q By way of example, if the caterer was able to serve until

10 3:00 a.m., then it would be 3:00 a.m., correct?

11 A Whatever it was.

12 Q Or. 2:00 a.m.?

13 A Yeah. Whatever the license allowed them to serve under,

14 that's what they were doing, to the best of my knowledge.

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Q

A

. MR. HARWOOD: Yeah, sure. Thank you.

RE-CROSS ElG\M!NATION BY MR. DESIM:)NE

But you don't know the specific time?

That's correct.

MR. DESIMONE: That's all I have, your Honor.

THE COURT: You may step down, Captain. Good

21 luck.

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THE WITNESS: I appreciate it. Thank you.

THE COURT: Okay. When would we like to

resume? Two weeks?

MR. DESIMONE: Monday, the 12th, is that

1 available, just to kind of keep it going? I don't know

2 if that's available to the Court.

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5

MR. SULLIVAN: The 12th is a Wednesday.

THE COURT: Monday is the 12th.

MR. DESIMONE: You're right, your Honor.

6 Whatever is convenient for the Court.

9

7 MR. SULLIVAN: That week is bad for me. Can we

8 have the following week?

9 MR. NICHOLSON: The following week is better

10 for my office.

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MR. DESIMONE: I think I'm away the 17th.

THE COURT: I had this last week so I could get

a schedule and we finally got -- everyone agreed on

14 August 22, and I said that's when I'm taking my vacation.

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MR. HARWOOD: You win.

MR. DESIMONE: I'm away on the 17th.

THE COURT: It doesn't have to be a Monday?

MR. SULLIVAN: The 19th, Wednesday?

THE COURT: Wednesdays are probably not the

20 best days because so much happens.

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MR. DESIMONE: Could we do the 20th?

THE COURT: Let me just look. I don't see why

23 not. Are we doing a conference or know if we're going to

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have a hearing if we continue the hearing?

MR. MARTONE: That should be enough time where

10

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we have and a pretty good idea.

2 MR. SULLIVAN: I have something on the 20th,

3 Judge, something in the morning and afternoon.

4 THE COURT: And the afternoon?

5 MR. SULLIVAN: And the afternoon.

6 THE COURT: How is the 21st?

7 MR. SULLIVAN: That's fine in the afternoon,

8 your Honor. I have a control calendar in the morning.

9 THE COURT: Can we do it at 10:30?

10 MR. SULLIVAN: It starts at 9:30, I would be

11 out at 11:00, I would expect.

12 THE COURT: 11:00. If you resolve it, then ,,\

13 i there is no need for a hearing. Just let me know as soon

14 as possible.

15 MR. HARWOOD: I liked your concept about the

16 story about a court order. I may call you on that if my

17 brothers think it makes sense. Thank you very much.

18 MR. SULLIVAN: Are we submitting an order in

19 the interim until that date?

20 THE COURT: In the interim, you're going to put

21 an order with how to deal with the .month of July.

22 . MR. DESIMONE: And I assume we do status quo at

23 this point? Thank you.

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25 A-D-J~U-R-N-E-D