Case 4:10-cv-40095-FDS Document 35-4 Filed 03/13/12 Page 1 of 2
UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ANTHONY HAYES, Plaintiff V.
P.O. DARNELL MCGEE, P.O. JAMES O’ROURKE, SGT. KENNETH DAVENPORT, LT. TIMOTHY O’CONNOR and GARY GEMME, Chief of Police, in their individual capacities and MICHAEL V. O’BRIEN, City Manager, and the CITY OF WORCESTER, Defendants
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Civil Action No. I 0-40095-FDS
AFFIDAVIT OF CAPTAIN O’ROURKE IN SUPPORT OF MOTION FOR PROTECTIVE ORDER I, Jeremiah F. O’Rourke, make the following statement under oath. 1. I am Captain of the Bureau of Professional Standards for the City of Worcester Police Department and have held that position since February 2009. In my capacity as Captain of the Bureau of Professional Standards, I oversee the investigation of police officers with regard to their compliance with the internal Policies and Procedures and Rules and Regulations. I have personal knowledge of the following facts. 2. I have been informed of the Notice of Deposition issued by Plaintiff in the abovecaptioned case, which is scheduled for Thursday, March 15, 2012. 3. However, I have requested a change of venue for the deposition, because of safety concerns I have for attending a deposition at Plaintiff’s counsel’s office, the Law Office of Hector E. Pineiro, 807 Main Street, Worcester, Massachusetts. 4. My safety concerns are derived from the personal animosity Attorney Pineiro has exhibited toward Chief Gemme, the location of the Pineiro Law Office, and the fact that Attorney Pineiro’s son has been investigated and by Worcester police officers for violent crimes. 5. I am aware of letters and communications received by Chief Gemme from Attorney Pineiro showing his personal animosity toward Chief Gemme, and I feel that I could be susceptible as head of internal investigations for retaliatory conduct as well.
Case 4:10-cv-40095-FDS Document 35-4 Filed 03/13/12 Page 2 of 2
6. Although I have been to Attorney Pineiro’s office in the past, the recent release of his son, who is charged with violent crimes, on bail to Attorney Pineiro’s home and the unusual reaction of Attorney Pineiro to a request for a change of venue cause me concern for my safety. 7.
Thus, I would not feel comfortable attending a deposition at Attorney Pineiro’s office, and have requested a change in location of the deposition.
8. I have been informed that Attorney Pineiro now intends to videotape my deposition. I object to the video recording of my testimony, as I have a privacy and police investigatory interest in my image. I have safety concerns for the release of video testimony, which may make me a target for violence and retaliation, for the reasons stated above and in connection with other police matters. Signed under the pains and penalties of perjury, this
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day of March, 2012.
~ Jereii~IlF. O’Rourke, Captain Bureau of Professional Standards City of Worcester Police Department