UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT … · 2018-11-14 · UNITED STATES DISTRICT...

UNITED STATES DISTRICT COURT

DISTRICT OF CONNECTICUT

ESTATE OF GUGSA ABRAHAM DABELLA, ET AL

V.

TOWN OF REDDING, ET AL

NO.: 3:16-cv-00534-RNC

OCTOBER 26, 2018

MOTION TO QUASH SUBPOENA DUCES TECUM

Pursuant to Rule 45(d)(3)(iv) of the F.R.C.P., the defendants, Town of Redding,

Douglas Fuchs, Ryan Alcott, Marc Deluca, Peter Quinn, Timothy Succi, Brandon

Kaufman, Brittany Salafia and Michael Livingston, hereby move(s) to quash the seven

(7) October 15, 2018 subpoenas duces tecum served by the plaintiff upon the

undersigned. Copy of the subpoenas duces tecum are attached. The subpoenas

duces tecum command defendant Brandon Kaufman #218, defendant Marc Deluca

#109, Georgetown Fire Department Fireman# G 53, Georgetown Fire Department

Fireman # G 46, Georgetown Fire Department Fireman # G 54, Georgetown Fire

Department Fireman# G 79, and Georgetown Fire Department Fireman# G 95 to

produce "[a] buccal sample of your DNA for forensic analysis in connection with the

above-referenced case."

Case 3:16-cv-00534-RNC Document 81 Filed 10/26/18 of 46

The subpoenas duces tecum constitute an undue burden and are unreasonably

cumulative and duplicative as the requested samples have previously been provided

and subjected to forensic DNA analysis. The Connecticut DESPP DNA Unit

"Supplemental DNA Report V", attached as Exhibit 1 to plaintiff's subpoena duces

tecum to each of the Georgetown Fire Department Firemen, contains the results of the

DNA forensic analysis of the buccal samples of each of the five firemen. The

Connecticut DESPP DNA Unit "Supplemental DNA Report II", attached hereto as

Exhibit A and included in plaintiff's initial Rule 26(a) disclosures, contains the results of

the DNA forensic analysis of the buccal samples of both Sergeant Marc Deluca #109

and Officer Brandon Kaufman #218. Moreover, the Connecticut DESPP DNA Unit

"Supplemental DNA Report VII", attached hereto as Exhibit Band included in plaintiff's

initial Rule 26(a) disclosures, contains the results of an additional DNA analysis of the

buccal swabs of both police officers and the five firemen.

Plaintiff's counsel has cited no reason for an additional identical sample to be

taken from any of the seven individuals or how any additional sampling would bear on

any claim in the complaint. The subpoenas duces tecum are, therefore, overly broad

and seek irrelevant information that is not proportionally related to the needs of the

case. See F.R.C.P. Rule 26(b).

2


WHEREFORE, the undersigned defendants, hereby respectfully request that

the court issue an order to quash the plaintiff's subpoenas duces tecum and that the

subjects not be required to provide a buccal sample.

DEFENDANTS, TOWN OF REDDING, DOUGLAS FUCHS, RYAN ALCOTT, MARC DELUCA, PETER QUINN, TIMOTHY SUCCI, BRANDON KAUFMAN, BRITTANY SALAFIA and MICHAEL LIVINGSTON, Individually and in their Official capacities

By Isl Thomas R. Gerarde

3

Thomas R. Gerarde ct05640 Howd & Ludorf, LLC 65 Wethersfield Avenue Hartford, CT 06114 (860) 249-1361 (860) 249-7665 (Fax) E-Mail: [email protected]


CERTIFICATION

This is to certify that on October 26, 2018, a copy of the foregoing Motion to Quash was filed electronically and served by mail on anyone unable to accept electronic filing. Notice of this filing will be sent by e-mail to all parties by operation of the Court's electronic filing system or by mail to anyone unable to accept electronic filing as indicated on the Notice of Electronic Filing. Parties may access this filing through the Court's CM/ECF System.

Felice M. Duffy, Esq. Duffy Law, LLC 770 Chapel Street, Suite 4F New Haven, CT 06510

Solomon M. Radner, Esq. Excolo Law, PLLC 26700 Lahser Rd., Suite 401 Southfield, Ml 48033

Isl Thomas R. Gerarde Thomas R. Gerarde

4


AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action

To:


Estate of Gugsa Abraham Dabela, et al.

Plaintiff

V.

Town of Redding, et al.

Defendant

for the

District of Connecticut

) ) ) ) ) )

Civil Action No. 3:16-cv-00534-RNC

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION

Brandon Kaufman c/o Howd & Ludorf, LLC (65 Wethersfield Ave, Hartford, CT 06114)

(Name of person to whom this subpoena is directed)

~ Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the material:

A buccal sample of your DNA for forensic analysis in connection with the above-referenced case.

Place: Buccal DNA samples are to be collected by a laboratory technician at a location determined by the counsel for the parties involved, at a mutually agreeable location·. ::,

Date and Time:

10/31/2018 10:00 am J"~ ·c

0 Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.

1 Place:

The following provisions of Fed. R. Civ. P. 45 are attached - Rule 45(c), relating to the place of compliance; Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the potential consequences of not doing so.

Date: 10/15/2018

CLERK OF COURT

Signature of Clerk or Deputy Clerk

The name, address, e-mail address, and telephone number of the attorney representing (name of party) Plaintiff, the Estate

of Gugsa Abraham_Dabela_ _ ___ , who issues or requests this subpoena, are:

Keith Altman, Esq. 26700 Lahser Rd, Suite 401, Southfield, Ml 48033 Phone: (516) 456-5885 [email protected]

Notice to the person who issues or requests this subpoena If this subpoena commands the production of documents, electronically stored information, or tangible things or the inspection of premises before trial, a notice and a copy of the subpoena must be served on each party in this case before it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).


AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2)


PROOF OF SERVICE

(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)

I received this subpoena for (name of individual and title, if any)

on (date)

0 I served the subpoena by delivering a copy to the named person as follows:

on (date) ; or

0 I returned the subpoena unexecuted because:

Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also tendered to the witness the fees for one day's attendance, and the mileage allowed by law, in the amount of

$

My fees are$ for travel and $ for services, for a total of$ 0.00

I declare under penalty of.pe1jury that this information is true.

Date: Server's signature

Printed name and title

Server's address

Additional information regarding attempted service, etc.:


AO 888 (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action(Page 3)

Federal Rule of Civil Procedure 45'(c), (d), (e), and (g) (Effective 12/1/13)

(c) Place of Compliance.

(1) For a Trial, Hearing, or Deposition. A subpoena may command a person to attend a trial, hearing, or deposition only as follows:

(A) within I 00 miles of where the person resides, is employed, or regularly transacts business in person; or

(B) within the state where the person resides, is employed, or regularly transacts business in person, if the person

(i) is a party or a party's officer; or (ii) is commanded to attend a trial and would not incur substantial

expense.

(2) For Other Discovery. A subpoena may command: (A) production of documents, electronically stored information, or

tangible things at a place within I 00 miles of where the person resides, is employed, or regularly transacts business in person; and

(B) inspection of premises at the premises to be inspected.

(d) Protecting a Person Subject to a Subpoena; Enforcement.

(1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The court for the district where compliance is required must enforce this duty and impose an appropriate sanction-which may include lost earnings and reasonable attorney's fees-on a party or attorney who fails to comply.

(2) Command to Produce Materials or Permit Inspection. (A) Appearance Not Required. A person commanded to produce

documents, electronically stored information, or tangible things, or to permit the inspection of premises, need not appear in person at the place of production or inspection unless also commanded to appear for a deposition, hearing, or trial.

(B) Objections. A person commanded to produce documents or tangible .. things or to permit inspection may serve on the party or attorney designated,:•;' in the subpoena a written objection to inspecting, copying, testing, or sampling any or all of the materials or to inspecting the premises-or to producing electronically stored information in the form or forms requested. The objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served. l fan objection is made, the following rules apply:

(i) At any time, on notice to the commanded person, the serving party may move the court for the district where compliance is required for an order compelling production or inspection.

(ii) These acts may be required only as directed in the order, and the order must protect a person who is neither a party nor a party's officer from significant expense resulting from compliance.

(3) Quashing or Modifying a Subpoena. (A) When Required. On timely motion, the court for the district where

compliance is required must quash or modif), a subpoena that: (i) fails to allow a reasonable time to comply; (ii) requires a person to comply beyond the geographical limits

specified in Rule 45(c); (iii) requires disclosure of privileged or other protected matter, if no

exception or waiver applies; or (iv) subjects a person to undue burden.

(B) When Permitted. To protect a person subject to or affected by a subpoena, the court for the district where compliance is required may, on motion, quash or modify the subpoena if it requires:

(i) disclosing a trade secret or other confidential research, development, or commercial information; or

(ii) disclosing an unretained expert's opinion or information that does not describe specific occurrences in dispute and results from the expert's study that was not requested by a party.

(C) Specifying Conditions as an Alternative. In the circumstances described in Rule 45(d){3)(8), the court may, instead of quashing or modifying a subpoena, order appearance or production under specified conditions if the serving party:

(i) shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship; and

(ii) ensures that the subpoenaed person will be reasonably compensated.

(e) Duties in Responding to a Subpoena.

(I) Producing Documents or Electronically Stored Information. These procedures apply to producing documents or electronically stored information:

(A) Documents. A person responding to a subpoena to produce documents must produce them as they are kept in the ordinary course of business or must organize and label them to correspond to the categories in the demand.

(B) Form for Producing Electronically Stored Information Not Specified. If a subpoena does not specify a form for producing electronically stored information, the person responding must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms.

(C) Electronically Stored Information Produced in Only One Form. The person responding need not produce the same electronically stored information in more than one form.

(D) Inaccessible Electronically Stored Information. The person responding need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or for a protective order, the person responding must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(2)(C). The court may specify conditions for the discovery.

(2) Claiming Privilege or Protection. (A) Information Withheld. A person withholding subpoenaed information

under a claim that it is privileged or subject to protection as trial-preparation material must:

(i) expressly make the claim; and (ii) describe the nature of the withheld documents, communications, or

tangible things in a manner that, without revealing information itself privileged or protected, will enable the parties to assess the claim.

(B) Information Produced. If information produced in response to a subpoena is subject to a claim of privilege or of protection as trial-preparation material, the person making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified; and may promptly present the information under seal to the court for the district where compliance is required for a determination of the claim. The person who produced the information must preserve the information until the claim is resolved.

(g) Contempt. The court for the district where compliance is required-and also, atter a motion is transferred, the issuing court-may hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena or an order related to it.

For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013). l



To:



Plaintiff

V.


Defendant

for the


) ) ) ) ) )



Marc Deluca c/o Howd & Ludorf, LLC (65 Wethersfield Ave, Hartford, CT 06114)


.if Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the material:


Place: Buccal DNA samples are to be collected by a laboratory technician at a location determined by the counsel for the parties involved, at a mutually agreeable location.

Date and Time:

10/31/201810:00 am

;~ 0 Inspection of Premises: YOU ARE COMMANDED to permit eritfy onto the designated premises, land, or other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.

1 Place: Date and Time:

The following provisions offed. R. Civ. P. 45 are attached - Rule 45(c), relating to the place of compliance; Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the potential consequences of not doing so.

Date: 10/15/2018

CLERK OF COURT

-~~·-···-· --· -----Signature of Clerk or Deputy Clerk

The name, address, e-mail address, and telephone number of the attorney representing (name of party) Plaintiff, the Estate , \,.·1

of Gugsa Abraham Dabela .. ····- , who issues or requests this subpoena, are:




AO 88B (Rev.- 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2)

Civil Action No. 3:16-cv-00534-RNC ·n

PROOF OF SERVICE



on (date)


on (date) ; or



$


I dedare under penalty of pe1jury that this information is true.



Server's address



AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action(Page 3)

===================================================""" Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)


(1) For a Trial, Hearing, or Deposition. A subpoena may command a person to attend a trial, hearing, or deposition only as follows:

(A) within 100 miles of where the person resides, is employed, or regularly transacts business in person; or



expense.





(l) Avoiding Undue Burden or Expense; Sanctions. A party or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The court for the district where compliance is required must enforce this duty and impose an appropriate sanction-which may include lost earnings and reasonable attorney's fees-on a party or attorney who fails to comply.



(B) Objections. A person commanded to produce documents or tangible things or to permit inspection may serve on thepllrty or attorney designated in the subpoena a written objection to inspecting, copying, testing, or sampling any or all of the materials or to inspectit1g the premises-or to producing electronically stored information in the form or forms requested. The objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served. If an objection is made, the following rules apply:



(3) Quashing or Motlifyi11g a Subpoena. (A) When Required. On timely motion, the court for the district where

comp I iancc is required must quash or modify a subpoena that: (i) fails to allow a reasonable time to comply; (ii) requires a person to comply beyond the geographical limits

specified in Ruic 45(c); (iii) requires disclosure of privileged or other protected matter, ifno





(C) Specifying Conditions as an Alternative. In the circumstances described in Rule 45(d)(3)(B), the court may, instead of quashing or modifying a subpoena, order appearance or production under specified conditions if the serving party:




(1) Producing Documents or Electronimlly Stored Information. These procedures apply to producing documents or electronically stored information:









(B) Information Produced. If information produced in response to a subpoena is subject to a claim of privilege or of protection as trial-preparation material, the person making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified: and may promptly present the information under seal to the court for the district where compliance is required for a determination of the claim. The person who produced the information must preserve the information until the claim is resolved.

(g) Contempt. The court for the district where compliance is required-and also, after a motion is transferred, the issuing court-may hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena or an order related to it.

For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013).



To:



Plaintiff

V.


Defendant

for the


) ) ) ) ) )


SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CML ACTION

Georgetown Fire Department Fireman identified as "G 53" on the attached Exhibit c/o Howd & Ludorf, LLC, (65 Wethersfield Ave, Hartford, CT 06114)





Date and Time:

10/31/201810:00 am


'Place: I Date and Time:

~---~-------J The following provisions of Fed. R. Civ. P. 45 are attached - Rule 45(c), relating to the place of compliance;

Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the potential consequences of not doing so.

Date: 10/15/2018

CLERK OF COURT



of Gu_g_sa Abraham Dabela , who issues or requests this subpoena, are:






PROOF OF SERVICE



on (date)


on (date) ; or



$


I declare under penalty ofpetjury that this information is true.



Server's address


·':cl


AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action(Page 3)

Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)


(I) For a Trial, Hearing, or Deposition. A subpoena may command a person to attend a trial, hearing, or deposition only as follows:




expense.





(I) Avoiding Undue Burden or Expense; Sanctions. A party or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The court for the district where compliance is required must enforce this duty and impose an appropriate sanction-which may include lost earnings and reasonable attorney's fees-on a party or attorney who fails to comply.

{2) Command to Produce Materials or Permit Inspection. (A) Appearance Not Required. A person commanded to produce


(B) Objections. A person commanded to produce documents or tangible things or to permit inspection may serve on the party or attorney designated in the subpoena a written objection to inspecting, copying, testing, or sampling any or all of the materials or to inspecting the premises--{)r to producing electronically stored information in the form or forms requested. The objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served. If an objection is made, the following rules apply:




compliance is required must quash or modify a subpoena that: (i) fails to allow a reasonable time to comply; (ii) requires a person to comply beyond the geographical I imits

specified in Rule 45( c ); (iii) requires disclosure of privileged or other protected matter, ifno




{ii) disclosing an unretained expert's opinion or information that does not describe specific occurrences in dispute and results from the expert's study that was not requested by a party.

(C) Specifying Conditions as an Alternative. In the circumstances described in Rule 45(d)(3)(B), the court may, instead of quashing or modifying a subpoena, order appearance or production under specified conditions if the serving party:




(1) Producing Documel1ts or Electronically Stored Information. These procedures apply to producing documents or electronically stored information:

{A) Documents. A person responding to a subpoena to produce documents must produce them as they are kept in the ordinary course of business or must organize and label them to correspond to the categories in the demand.




'.\ (2) ClainJing Privilege or Protection.

(A) Information Withheld. A person withholding subpoenaed information under a claim that it is privileged or subject to protection as trial-preparation material must:





For access lo subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013)


EXHIBIT 1

.· :,, ... ' ><


DESPP STATE OF CONNECTICUT

DEPART1v1ENT OF q rj-1 i EMERGENCY SERVICES and PUBLIC PROTECTION

DIVISION OF SCIENTIFIC SERVICES

Guy M. Vallaro, Ph.D. Director

DNA UNIT SUPPLEMENTAL DNA REPORT V

LABORATORY CASK#:

SUBMITTING AGENCY:

AGENCY CASE#:

DATE OF REQUEST:

DATE OF REPORT:

EVIDENCE DESCRIPTION·:

# 1-1 S 1 Stain on Firearm - muzzle

DSS-14-001194

Redding Police Department 96Hil1Rd Redding; CT 06875

14-2477

5/20/15

6/9/15

#1-1 S2 Tissue-like material on Firearm-muzzle # 1-1 S3 Swabbing of Firearm - Trigger # 1-1 S4 Swabbing of Firearm - Grip #l-1S5 Swabbing of Firearm-Slide pull area #l-2Sl Stains on Magazine #l-2S2 Swabbing of Magazine

#17 (#17) Known buccal sample, (Georgetown FD.) G46 #18 (#18) Known buccal sample, (Georgetown FD.) G 54 #19 (#19) Known buccal.sample, (Georgetown FD.) G 311 #20 (#20) Known buccal sample, (Georgetown FD.) G 95 #21 (#21) Known buccal sample, (Georgetown FD.) G 79 #22 (#22) Known buccal sample, (Gyorgetown FD.) G 53

RESULTS OF EXAMINATION:

1. DNA was previously extracted and analyzed from items # 1-1 S l, #l-1 S2, # 1-1 S3, #l-1S4, #1-1S5, #1-2Sl and #1-2S2 (see DNA Report dated 06/26/2014). Extracted DNA obtained fromit~ms #17, #181 #19, #20, #21, and #22 was amplified by the AmpF/STR Identifiler Plus procedure. STR alleles were separated and detected.

278 Colony Street, Meriden, Connectic.ut 06451 Phone (203) 639-6400 Fax (.203) 639-6485

A11 Affirmative Action I Equal Opportunity Employer MD00266


SUPPLEMENTAL DNA REPORT V

RESULTS OF EXAMINATION CONTINUED:

DSS-14-001194 14-2477 Page2

2. A sample from each of items #17, #18, #19, #20, #21, and #22 was retained at the laboratory. Items #17, #18, #19, #20, #21, and #22 were returned to the appropriate submitting agency.

CONCLUSIONS:

3. (Georgetown FD.) G 46, G 54, G 311, G95, G 79, and G 53 are eliminated as the source of, or as a contributor to, the Identifiler Plus DNA profiles from items #1-lSl, #I-1S2, #1-1S3, #1-IS4, #I-1S5, #1-2Sl and#l-2S2.

This report reflects the test results, conclusions, interpretations, and/or the findings of the ~ru7:::~~rrsigna~re~-J1an(!)o, :?h.D. (Analyst) · Michael T. Bourke, Ph.D. (Tecluucal Reviewer) Forensic Science Examiner 1 f\)rensic Scfonce Examiner 2

MD00267



To:

UNITED STATES DISTRICT·CoURT


Plaintiff

V.


Defendant

for the


) ) ) ) ) )





.ff Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the material:



Date and Time:

10/31/2018 10:00 am

0 Inspection of Premises: YOU ARE COMMANDED to permit entry onfo the designated premises, land, or other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.

I Place: I Date and Time:

·~---] The following provisions of Fed. R. Civ. P. 45 are attached- Rule 45(c), relating to the place of compliance;


Date: 10/15/2018

CLERK OF COURT ,,,/ 7

~-OR~~.

Signature of Clerk or Deputy Clerk ~L_ Attorney's signature


of Gugsa Abraham Dabela , who issues or requests this subpoena, are:




AO 888 (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2)

Civil Action N0: 3:16-cv-00534-RNC

PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)


on (date)


on (date) ; or



$


I declare. under penalty of pe1jury that this information is true. . -.· t



Server's address




Federal Rule of€ivil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)






expense.


tangible things at a place within 100 miles of where the person resides, is employed, or regularly transacts business in person; and






(B) Objections. A person commanded to produce documents or tangible things orto permit inspection may serve on the party.·or attorney designated in the subpoena a written objection to inspecting, copying, testing, or sampling any or all of the materials or to inspecting th.e premises-or to producing electronically stored information in the form or forms requested. The objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served. If an objection is made, the following rules apply:




compliance is required must quash or modify a subpoena that: (i) fails to allow a reasonable time to comply; (ii) requires a person to comply beyoud the geographical limits

specified in Rule 45(c); (iii) requires disclosure of privileged or other protected matter, ifno





(C) Speci}j,ing Conditions as an Alternative. In the circumstances described in Rule 45(d)(3)(B), the court may, instead of quashing or modifying a subpoena, order appearance or production under specified conditions if the serving party:

. (i) shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship; and







(D) Inaccessible Electronically Stored Information. The person responding need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or for a protective order, the person responding must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(2)(C). The court may specifY,conditions for the discovery.





(B) Information Produced. If information produced in response to a subpoena is subject to a claim of privilege or of protection as trial-preparation material, the person making the claim may notify any party that received the information of the claim and the basis for it. Afier being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified: and may promptly present the information under seal to the court for the district where compliance is required for a determination of the claim. The person who produced the information must preserve the information until the claim is resolved.

(g) Contempt. The court for the district where comp! iance is required-and also, after a motion is transferred, the issuing court-may hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena or an order related to it.

For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013).

.;.;::t.m,


.~:..~;.

','"';'!.;"'·

EXHIBIT 1


DESPP ST ATE OF CONNECTICUT

DEPARTMENT OF q rj-1 j

EMERGENCY SERVICES and PUBLIC PROTECTION DIVISION OF SCIENTIFIC SERVICES



LABORATORY CASK#:

SUBMITTING AGENCY:

AGENCY CASE#:

DATE OF REQUEST:

DATE OF REPORT:

EVIDENCE DESCRIPTION:

# 1-1 S 1 Stain on Firea1m - muzzle

DSS-14-001194


14-2477

5/20/15

6/9/15

# 1-1 S2 Tissue-like material on Firea(m - muzzle #1-1S3 SwabbingofFirearm-Trigger # 1-1 S4 Swabbing of Firearm - Grip #1-1S5 Swabbing of Firearm-Slide pull area #1-2Sl Stains on Magazine #1-2S2 Swabbing of Magazine

#17 (#17) Known buccal sample, (Georgetown FD.) G46 #18 (#18) Known buccal sample, (Georgetown FD.) G 54 #19 (#19) Known buccalsample, (Geo1:getown FD.) G 311 #20 (#20) Known buccal sample, (Georgetown FD.) G 95 #21 (#21) Known buccal sample, (Georgetown FD.) G 79 #22 (#22) Known buccal sample, (Georgetown FD.) G 53


1. DNA was previously extracted and analyzed from items # 1-1 S 1., #1-1 S2, # 1-1 S3, #1-1S4, #1-1S5, #l-2Sl and #1-2S2 (see DNA Report dated 06/26/2014). Extracted DNA obtained from items #17, #18, #19, #20, #21, and #22 was amplified by the AmpF/STR Identifiler Plus procedure. STR alleles were separated and detected.

278 Colony Street, Meriden, Connectkut 06451 Phone (203) 639-6400 Fax (203) 639-6485



SUPP:LEMENTAL DNA REPORT V

RESUL1;'SOF EXAMINATION CONTINUED:

DSS-14-001194 14-2477 Page2

2. A sample from each of items #17, #18, #19, #20, #21, and #22 was retained at the laboratory. Items #17, #18, #19, #20, #21, and #22 were returned to the appropriate submitting agency.

CONCLUSIONS:

3. (Georgetown FD.) G46, G54, G311, G95, G79, and G 53 are eliminated as the source of, or as a contTibutor to, the Identifiler Plus DNA profiles from items #1-1Sl, #1-1S2, #l-1S3, #1-IS4, #-1-1S5, #1-2Sl and.#1-2S2.

This report reflects the test results, conclusions, interpretations, and/or the findings of the analyst as · dicate.d by their signatur~ below.

Jian(!)o, Ph.D. (Analyst) Forensic Science, Examiner. I

~/

Michael T. Bourke, Ph.D. (Technical Reviewer) Forensic Science Examiner 2

:/ (

MD00267



To:



Plaintiff

V.


Defendant

for the


) ) ) ) ) )







Place: Buccal DNA samples are to be collected by a laboratory I Date and Time: technici~n ~ta location determined by the counse~ for 1013112o18 10:00 am

· · · · . the parties involved, at a mutually agreeable location. _ ----·


Place:

The following provisions of Fed. R. Civ. P. 45 are attached- Rule 45(c), relating to the place of compliance; Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the potential consequences of not doing so.

Date: 10/15/2018

CLERK OF COURT


The name, address, e-mail address, and telephone number of the attorney representing (name of party) £~intiff, the Estate

gf Gugsa Abraham Dabt=la ·--·-·-- , who issues or requests this subpoena, are:


Notice to the person who issues or requests this subpoena Tfthis subpoena commands the production of documents, electronically stored information, or tangible things or the inspection of premises before trial, a notice and a copy of the subpoena must be served on each party in this case before it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).



Civil Action No. 3:16~cv-00534-RNC


I received this subpoena for (name of individual and title, if any/' ..

on (date)


on (date) ; or



$


I declare undef penalty of pe1jury that this information is true.



Server's address




Federal Rule ofCivilPfocedure 45 (c), (d), (e), and (g) (Effective 12/1/13)



(A) within 100 miles of where the person resides, is employed, or regularly transacts business in person: or



expense. 1




(d) Protectin~ a Person Subject to a Subpoena; Enforcement.

(1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The court for the district where compliance is required must enforce this duty and impose an appropriate sanction-which may include lost earnings and reasonable attorney's fees-on a party or attorney who fails to comply.



(B) Objections. A person commanded to produce documents or tangible things or to permit inspection may serve on the party or attorhey designated in the subpoena a written objection to inspecting, copying, testing, or sampling any or all of the materials or to inspecting the premises-or to producing electronically stored information in the form or forms requested. The objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served. I fan objection is made, the following rules apply:




compliance is required must quash or modify a subpoena that: (i) fails to allow a reasonable time to comply; (ii) requires a person to comply beyond the geographical limits






(C) Speci}j,ing Conditions as an Alternative. In the circumstances described in Rule 45(d)(3)(8), the court may, instead of quashing or modifying a subpoena, order appearance or production under specified conditions if the serving party:








(0) Inaccessible Electronically Stored Information. The person responding need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or for a protective order, the person responding must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(2)(C). The court may specify conditions for.the discovery.

(2) Claiming Privilege or Protection, (A) Information Withheld. A person withholding subpoenaed information




(B) Information Produced. If information produced in response to a subpoena is subject to a claim of privilege or of protection as trial-preparation material, the person making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified: and may promptly present the information under seal to the court for the district where compliance is required for a determination of the claim. The person who produced the information must preserve the information until the claim is resolved.


For access to subpoena materials, see Fed. R Civ. P. 45(a) Committee Note (2013)


EXHIBIT 1


DESPP STATE OF CONNECTICUT q rj-1 j,

DEPARTMENT OF EMERGENCY SERVICES and PUBLIC PROTECTION




LABORATORY CASK#:

SUBMITTING AGENCY:

AGENCY CASE#:

DATE OF REQUEST:

DATE OF REPORT:


.. jf-1-1 S 1 Stain on Firearm - muzzle

DSS-14-001194

Redding Police Department 96HilJ Rd Redding; CT 06875

14-2477

5/20/15

6/9/15

#1-1 S2 Tissue-like material on Firea1:m - muzzle · #1-1S3 SwabbingofFireaim-Trigger # 1-1 S4 Swabbing of Firearm - Grip # 1-1 S5 Swabbing of Firearm - Slide pull area # 1-2S 1 Stains on Magazine # l -2S2 Swabbing of Magazine

#17 (#17) Known buccal sample, (Georgetown FD.) G46 #18 (#18) Known buccal sample, (Georgetown FD.) G 54 #19 (#19) Known buccalsample, (Geo1:getown FD.) G 311 #20 (#20) Known buccal sample, (Georgetown FD.) G 95 #21 (#21) Known buccal sample, (Georgetown FD.) G 79 #22 (#22) Known buccal sample, (Georgetown FD.) G 53


1. DNA was previously extracted and analyzed from items # 1-1 S 1., #1-1 S2, # 1-1 S3, #l-1S4, #1-1S5, #l-2Sl and #1-2S2 (see DNA Report dated 06/26/2014). Extracted DNA obtained from items #17, #l 81 #19, #20, #21, and #22 was amplified by the AmpF/STR Identifiler Plus procedure. STR alleles were separated and detected.

278 Colony Street, :rvferiden, Coonect[c.ut 06451 Phone (203) 639-6400 i:'ax (203) 639-6485

An Affirmative Action I Equal Opportunity Employer MD00266




;DSS-14-001194 14-2477 Page2

2. A sample from each of items #17, #18, #19, #20, #21, and #22 was retained at the laboratory. Items # 17, #18·, #19, #20, #21, and #22 were returned to the apprnpriate submitting agency.

CONCLUSIONS:

3. (Georgetown FD.) G 46, G 54, G 311, G95, G 79, and G 53 are eliminated as the source of, or as a contTibutor to, the Identifiler Plus DNA profiles from items #1-ISl, #1-1S2, #1-1 S3, #1-1S4, #l-1S5, #1-2Sl and.#1-2S2.

This report reflects the test results, conclusions, interpretations, and/or the fmdings of the analyst as 'hdicated by their signa~r~ below.

Jian(!)o, l;>h.D. (Analyst) Forensic Science Examiner 1

~~/ Michael T. Bourke, Ph.D. (Teclmical Reviewer) Forensic Scfonce Examiner 2

MD00267



To:



Plaintiff

V.


Defendant

for the


) ) ) ) ) )







r:e: Buccal DNA samples are to be collected by a laboratory technician at a location determined by the counsel for the parties involved, at a mutually agreeable location.

Date and Time: ~

10/31/2018 10:00 am ~._____j 0 Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or

other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.

Place: I Date and Time:

The following provisions of Fed. R. Civ. P. 45 are attached - Rule 45(c), relating to the place of compliance; Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the potential consequences of not doing so.

Date: 10/15/2018

The name, address, e-mail address, and telephone number of the attorney representing (name of party) ilaintiff, the Estat"_ .,:.J

of Gugsa Abraham Dabela -~~ ......... ~---~--···--~--~----~~ _ , who issues or requests this subpoena, are:





Civil Action No. 3:16-cv-00534-RNC .\ r··

PROOF OF SERVICE (This section should not be.filed with the court unless required by Fed. R. Civ. P. 45.)


on (date)


on (date) ; or



$


,I declare under penalty of petjury that this information is true.



Server's address




Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)






expense.








(B) Objections. A person commanded to produce documents or tangible ···things or to permit inspection may serve 011•the party or attorney designated

in the subpoena a written objection to inspecting, copying, testing, or sampling any or all of the materials or to inspecting the premises-or to producing electronically stored information in the form or forms requested. The objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served. !fan objection is made, the following rules apply:

(i) At any time, on notice to the commanded person, the serving party may move the court for the district where compliance is required for an

. order compelling production or inspection. (ii) These acts may be required only as directed in the order, and the

order must protect a person who is neither a party nor a party's officer from significant expense resulting from compliance.

(3) Quashing or Motlijying a Subpoena. (A) When Required. On timely motion, the court for the district where







(C) Specifying Conditions as an Alternative. In the circumstances described in Rule 45(d)(3)(8), the court may, instead of quashing or modifying a subpoena, order appearance or production under specified conditions if the serving party:




(1) Producing Documellfs or Electronically Stored Information. These procedures apply to producing documents or electronically stored information:


(B) Form/or Producing Electronically Stored Jriformation Not Specified. If a subpoena does not specify a form for producing electronically stored information, the person responding must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms.


(D) Inaccessible Electronically Stored lriformation. The person responding need not provide discove1y of electronically stored infonnation from sources that the person identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or for a protective order, the person responding must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the comt may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(2)(C). The court may specify conditions for the discovery.

(2) Claiming Privilege or Protection. (A) Information Withheld. A person withholding subpoenaed information••'.,



tangible things in a manner that, without revealing information itself privileged or protected, will enable the parties to assess the claim .

(B) lriformation Produced. If information produced in response to a subpoena is subject to a claim of privilege or of protection as trial-preparation material, the person making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified; and may promptly present the information under seal to the court for the district where compliance is required for a determination of the claim. The person who produced the information must preserve the information until the claim is resolved.

(g) Contempt. The court for the district where compliance is required-and also, after a motion is transferred, the issuing court-may hold in contempt a person who. having been served, fails without adequate excuse to obey the subpoena or an order related to it.

For access to subpoena materials, sec Fed. R. Civ. P. 45(a) Committee Note(~~~;~--····--·-··--------,


EXHIBIT 1


DESPP STATE OF CONNECTICUT ·

q rj-A i DEPART:tvIBNTOF EMERGENCY SERVICES and PUBLIC PROTECTION



DNAUNIT SUPPLEMENTAL DNA REPORT V

LABORATORY CASK#:

SUBMITTING AGENCY:

AGENCY CASE#:

DATE OF REQUEST:

DATE OF REPORT:


# 1-1 S 1 Stain on Fireann - muzzle

DSS-14-001194

Redding Police Department 96Hill Rd Redding; CT 06875

14-2477

5/20/15

6/9/15

# 1-1 S2 Tissue-like material on Firearm - muzzle # 1-1 S3 Swabbing of Firearm - Trigger # 1-1 S4 Swabbing of Firearm - Grip #1-1S5 Swabbing of Firearm-Slide pull area #1-2Sl Stains on Magazine # 1-2S2 Swabbing of Magazine

#17 (#17) Known buccal sample, (Georgetown FD.) 046 #18 (#18) Known buccal sample, (Georgetown FD.) G 54 #19 (#19) Known buccal.sample, (Geo1:getown FD.) G 311 #20 (#20) Known buccal sample, (Georgetown FD.) G 95 #21 (#21) Known buccal sample, (Georgetown FD.) G 79 #22 (#22) Known buccal sample, (Georgetown FD.) G 53


1. DNA was previously extracted and analyzed from items # 1-1 S l, #1-1 S2, # 1-1 S3, #1-1S4, #1-1S5, #1-2Sl and #1-2S2 (see DNA Report dated 06/26/2014). Extracted DNA obtained from items #17, #18, #19, #20, #21, and #22 was amplified by the AmpF/STR Identifiler Plus procedure. SIR alleles were separated and detected.

278 Colony Street, Ivferiden, Connecticut 06451 Phone (203) 639-6400 Fax (203) 639-6485

Au Affirmative Action I Equal Opportunity Employer MD00266




DSS-14-001194 14-2477 Page2

2. A sample from each of items #17, #18, #19, #20, #21, and #22 was retained at the laboratory. Items #17, #18-, #19, #20, #21, and #22 were returned to the appropriate submitting agency.

CONCLUSIONS:

3. (Georgetown FD.) G 46, G 54, G 311, G95, G 79, and G 53 are eliminated as the source of, or as a contTibutor to, the Identifiler Plus DNA profiles from items #1-1SI, #1-1S2, #1-1S3, #l-1S4, #I-IS5, #1-2SI and#l-2S2.

This report reflects the test results, conclusions, interpretations, and/or the ffodings of the analyst as 'hdicated by their signatu,r~ below.

Jian(!)o, Ph.D. (Analyst) Forensic Science Examiner 1

~ MichaelT.Bourke,Ph.D.(Technic Reviewer):.,J Forensic Science Examiner 2 ',:c

MD00267



UNITED STATES DISTRICT COURT.


Plaintiff

V.


Defendant

for the


) ) ) ) ) )



To: Georgetown Fire Department Fireman identified as "G 95" on the attached Exhibit c/o Howd & Ludorf, LLC, (65 Wethersfield Ave, Hartford, CT 06114)


.ff Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the material:


Place: Buccal DNA samples are to be collected by a laboratory technician at a location determined by the counsel for the parties involved, at a mutuafJy agreeable location.

, '.(

Date and Time:

10/31/2018 10:00 am

0 Inspection of Premises: YOU ARE COMMANDED to pennit entry onto the designated premises, land, or other property possessed or controlled by you at the time, date, and location set f01ih below, so that the requesting party may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.

I Place: Date and Time:

l The following provisions of Fed. R. Civ. P. 45 are attached - Rule 45(c), relating to the place of compliance;


Date: 10/15/2018

// /1 OR~~.

7' · A-110-,-.11-eJ-,'.s-· s-·ig_n_a-tu-re--

CLERK OF COURT


The name, address, e-mail address, and telephone number of the attorney representing (name;ojparty) Plaintiff, the Estate

of Gugsa Abrc=.1ham Dabela _______ , who issues or requests this subpoena, are:


Notice to the person who issues or requests this subpoena If this subpoena commands the production of documents, electronically stored information, or tangible things or the inspection of premises before trial, a notice and a copy of the subpoena must be served on each party in this case before it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)( 4).



Civil Action No. 3:16-cv-00534-RNC (" ·.



on (date)


on (date) ; or



$


I declare under penalty of pe1jury that this informatioii is true.



Server's address


: ... ,.



--- ============================================= Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)






expense.





(1) Avoiding Undue Burdell or Expense; Sa11ctions. A party or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The court for the district where compliance is required must enforce this duty and impose an appropriate sanction-which may include lost earnings and reasonable attorney's fees-on a party or attorney who fails to comply.



(B) Objections. A person commanded to produce documents or tangible ·,_.,,,,;J things or to permit inspection may serve on the party or attorney designated

in the subpoena a written objection to inspecting, copying, testing, or sampling any or all of the materials or to inspecting the premises-or to producing electronically stored information in the form or forms requested. The objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served. If an objection is made, the following rules apply:





specified in Rule 45(c); (iii) requires disclosure of privileged or other protected matter, if no





(C) Specifying Conditions as an Alternative. In the circumstances described in Rule 45(d)(3)(8), the court may, instead of quashing or modifying a subpoena, order appearance or production under specified conditions if the serving party:




(l) Producing Documents or Electronically Stored Information. These procedures apply to producing documents or electronically stored information:











For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013)


EXHIBIT 1



STATE OF CONNECTICUT

DEP AR11vfENT OF EMERGENCY SERVICES and PUBLIC PROTECTION


DNA UNIT SUPPLElVIENTAL DNA REPORT V

LABORATORY CASK#: DSS-14-001194

SUBMITTING AGENCY:

AGENCY CASE#:

DATE OF REQUEST:

DATE OF REPORT:


#1".1Sl Stain on Firearm-muzzle


14-2477

5/20/15

6/9/15

# 1-1 S2 Tissue-like material on Fireai:m - muzzle #1-1S3 SwabbingofFireaim-Trigge1· # 1-1 S4 Swabbing of Firearm - Grip # 1-1 S5 Swabbing of Firearm - Slide pull area #1-2Sl Stains on Magazine # 1-2S2 Swabbing of Magazine

#17 (#17) Known buccal sample, (Georgetown FD.) G46 #18 (#18) Known buccal sample, (Georgetown FD.) G 54 #19 (#19) Kn:own buccal.sample, (Georgetown FD.) G 311 #20 (#20) Known buccal sample, (Georgetown FD.) G 95 #21 (#21) Known buccal sample, (Georgetown FD.) G 79 #22 (#22) Known bucci:tl sample, (Georgetown FD.) G 53


1. DNA was previously extracted and analyzed from items # 1-1 S l, #1-1 S2, # 1-1 S3, #1-1S4, #1-1S5, #1-2Sl and #1-2S2 (see DNA Report dated 06/26/2014). Extracted DNA obtained from items #17, #18, #19, #20, #21, and #22 was amplified by the AmpFlSTR Identifiler Plus procedure. STR alleles were separated and detected. ,c_,Ji

278 Colony Street, Meriden, Connectkut 06451 Phone (203) 639-6400 Fax (203) 639-6485





DSS-14-001194 14-2477 Page2

2. A sample from each of items#l7, #18, #19, #20, #21, and #22 was retained at the laboratory. Items #17, #18-, #19, #20, #21, and #22 were returned to the appropriate submitting agency.

CONCLUSIONS:

3. (Georgetown FD.) G 46, G54, G311, G95, G 79, and G 53 are eliminated as the source of, or as a contTibutor to, the Identi:filer Plus DNA profiles from items #1-lSl, #I-1S2, #1-1S3, #1-1S4, #1-1S5, #1-2Sl and.#1-2S2.

This report reflects the test results, conclusions, interpretations, and/or the findings of the an~J;:v~:~,i~aW~~. J1an[sio, Ph.D. (Analyst) Michael T. Bourke, Ph.D. (Techmcal Reviewer) Forensic Science Examiner. I Forensic Scfonce Examiner 2

MD00267


EXHIBIT A



DEPARTMENT OF EMERGENCY SERVICES and PUBLIC PROTECTION



DNA SECTION SUPPLEMENTAL DNA REPORT II

LABORATORY CASE#:

SUBMITTING AGENCY:

AGENCY CASE#:

DATE OF REQUEST:

DATE OF REPORT:


# 1-1 S 1 · Stain on Firearm - muzzle

DSS-14-001194

Redding Police Department 96 Hill Rd Redding, CT 06875

14-2477

11/20/14

12/02/14

#1-1S2 Tissue-like material on Fireann-muzzle #1-1S3 Swabbing of Firearm-Trigger #1-1S4 Swabbing of Firearm- Grip #1-lSS Swabbing of Firearm - Slide pull area # 1-2S 1 Stains on Magazine #1-2S2 Swabbing of Magazine

#9 Known buccal sample, Sergeant #105 #10 Known buccal sample, Sergeant #109 # 11 Known buccal sample, Sergeant # 111 #12 Known buccal sample, Officer #218


DESPP

q rp i

1. DNA was previously extracted and analyzed from items #1-lSl, #1-1S2, #1-1S3, #1-1S4, #1-lSS, #l-2Sl and #l-2S2 (see DNA Report dated 06/26/2014). Extracted DNA obtained from items #9, #10, #11 and #12 was amplified by the AmpF/STR Identifiler Plus procedure. STR alleles were separated and detected.

2. A sample from each of items #9, #10, #11 and #12 was retained at the laboratory. Items #9, #10, #11 and #12 were returned to the appropriate submitting agency.

278 Colony Street, Meriden, Connecticut 06451 Phone (203) 639-6400 Fax (203) 639-6485

An Affirmative Action I Equal Opportunity Employer


SUPPLEMENTAL DNA REPORT II

CONCLUSIONS:

DSS-14-001194 14-2477 Page2

3. Sergeant #105, Sergeant #109, Sergeant #111 and Officer #218 are eliminated as the source of, or contributors to, the Identifiler Plus DNA profiles from items #1-1Sl, #1-1S2, #1-1S3, #1-1S4, #1-1S5, #1-2Sl and #1-2S2.

JT

Th'is report reflects the test results, conclusions, interpretations, and/or the findings of the analyst as indicated by their signature below. ·

l

\

.lfi~)fao (Analyst) Forensic Science Examiner 1

~1~;:j-~~ Melanie G. Russell (Technical Reviewer) Forensic Science Examiner 1


EXHIBIT B



DEPARTI\1ENT OF EI\1ERGENCY SERVICES and PUBLIC PROTECTION



DNA UNIT SUPPLEMENTAL DNA REPORT VII

LABORATORY CASE#:

SUBMITTING AGENCY:

AGENCY CASE#:

DATE OF REQUEST:

DATE OF REPORT:.


DSS-14-001194

CSP- Western District Major Crime Squad 452B Bantam Rd Litchfield, CT 06759 Xref: Redding Police Department

CFS1400272598 Xref: 14-2477

08-10-15

10-20-15

#7 Known buccal sample, Gugsa Dabela #9 Known buccal sample, Sergeant #105 #10 Known buccal sample, Sergeant #109 # 11 Known buccal sample, Sergeant # 111 #12 Known buccal sample, Officer #218 #13 (#13) Known buccal sample, D. Aarons #14 Known buccal sample, B. Satrinno #15 Known buccal sample, B. Perry #16 Known buccal sample, VinTech EMT 15211 #17 (#17) Known buccal sample, (Georgetown FD.) G 46 #18 (#18) Known buccal sample, (Georgetown FD.) G 54 #19 (#19) Known buccal sample, (Georgetown FD.) G 311 #20 (#20) Known buccal sample, (Georgetown FD.) G 95 #21 (#21) Known buccal sample, (Georgetown FD.) G 79 #22 (#22) Known buccal sample, (Georgetown FD.) G 53 #23 (#0003) Envelope with "one (1) druggist fold with physiological substance"

#23G 1 Small stone-like material with some debris


DESPP

q rj-i1 i

1. DNA was previously extracted and analyzed from items #7, #9, #10, #11, #12, #13, #14, #15, #16, #17, #18, #19, #20, #21, and #22 (see Redding Police Department DNA Reports dated 07-31-14, 12-02-14, 03-17-15, 05-29-15, and 06-09-15).

278 Colony Street, Meriden, Connecticut 06451 Phone (203) 639-6400 Fax (203) 639-6485

An Affirmative Action I Equal Opportunity Employer


SUPPLEMENTAL DNA REPORT VII


DSS-14-001194 CFS 1400272598

Xref: 14-2477 Page 2 of2

2. Item #23G 1 gave a positive result with a color screening test for the presence of blood. Extracted DNA obtained from item #23G 1 was amplified by the AmpFlSTR Identifiler Plus procedure. STR alleles were separated and detected.

3. The following results were obtained on the amplified items:

Identifiler Plus Alleles Detected

Item# D8Sll79 D21Sll D7S820 CSFlPO D3S1358 THO! D13S3l7 Dl6S539 D2S1338 23Gl

7 15 29, 31 8, 10 11, 12 15 7, 8 11, 12 11, 12 15 29, 31 8, 10 11, 12 15 7, 8 11, 12, 13 11, 12

Item# Dl9S433 vWA TPOX Dl8S5l AMEL D5S8l8 FGA 23Gl 12, 15.2 15, 18 8, 9 12, 13 X,Y 13 19, 21

7 12, 15.2 15, 18 8, 9 12, 13 X,Y 13 19,21

3. The testable portion of item #23Gl was consumed in testing. Item #23 was returned to the appropriate submitting agency.

CONCLUSIONS:

4. Gugsa Dabela cannot be eliminated as the source of the DNA profile from item #23Gl, therefore it is not appropriate for entry into the Connecticut and National DNA Databases. The expected frequency of individuals who cannot be eliminated as the source of the DNA profile (at all loci tested except D 13 S317) from item #23G 1 is less than 1 in 7 billion in the African American, Caucasian, and Hispanic populations.

5. The results eliminate Sergeant #105, Sergeant #109, Sergeant #111, Officer #218, D. Aarons, B. Satrinno, B. Perry, VinTech EMT 15211, and Georgetown FD G 46, G 54, G 311, G 95, G 79, and G 53 as the source of the DNA profile from item #23Gl.

This report reflects the test results, conclusions, interpretations, and/or the findings of the ;;:i:d ;;:;lure below. ~ Melanie G. Russell (Analyst) Carll tac1d, Ph.D. (Technical Reviewer) Forensic Science Examiner 1 Forensic Science Examiner 3

23 23


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