Objection to Questions Posed to Margolin, Tirozzi and Ferrandino

    NO. CV-89-0360977S 

MILO SHEFF, ET AL., : : SUPERIOR COURT 

V. 3 JUDICIAL DISTRICT OF 

: HARTFORD/NEW BRITAIN 

AT HARTFORD 

WILLIAM A. O'NEILL, ET AL. : JANUARY 26, 1993 

OBJECTIONS TO QUESTIONS POSED TO ROBERT MARGOLIN 
  

On October 30, 1992 the plaintiffs took the deposition of 

Robert Margolin in the above-captioned case. The complete 

transcript of that deposition has been submitted into evidence as 

plaintiffs' exhibit 506 under certain conditions. One of the 

conditions is that the defendants would be afforded the 

opportunity to present objections to questions presented to the 

witness during the deposition. 

The defendants have reviewed the deposition transcript and 

have no objections to present to the court. 

  

  

 



      

By: 

FOR THE DEFENDANTS 

RICHARD BLUMENTHAL 

ATTORNEY GENERAL 

Vi 4 

J fo ip Gifelan - em 085112 
ssistant Attorney General 

110 Sherman Street 

Hartford, Connecticut 06105 
Tel. 203-5¢6-7173 / 

    
  

   
  

L £ I 

rkh& MW. Wattyg - Juris 496172 
Agsistant Attorney General 

0 Sherman Street 
Hartford, Connecticut 06105 
Tel. 203-566-7173 

(lh GAL Uf 

  

  

Alffed A. Lindseth, y SF, 
Sutherland, Asbill Brennan 

999 Peachtree Street, NE 
Atlanta, GA 30309-3996 
Tel: 404-853-8119 

  

 



  

  

    

CERTIFICATION 
  

This is to certify that on this the 26th day of January, 

1993 a copy of the foregoing was mailed to the following counsel 

of record: 

John Brittain, Esq. Wilfred Rodriguez, Esq. 

University of Connecticut Hispanic Advocacy Project 

School of Law Neighborhood Legal Services 

65 Elizabeth Street 1229 Albany Avenue 

Hartford, CT 06105 Hartford, CT 06112 

Philip Tegeler, Esq. Wesley W. Horton, Esq. 
Martha Stone, Esq. Moller, Horton & 
Connecticut Civil Fineberg, P.C. 
Liberties Union 90 Gillett Street 
32 Grand Street Hartford, CT 06105 

Hartford, CT 06105 

Ruben Franco, Esq. Julius L. Chambers, Esq.s 
Sandra DelValle, Esq Marianne Lado, Esq. 
Puerto Rican Legal Defense Ronald Ellis, Esq. 
and Education Fund NAACP Legal Defense Fund and 
99 Hudson Street Education Fund, Inc. 
14th Floor 99 Hudson Street 
New York, NY 10013 New York, NY 10013 

John A. Powell, Esq. 
Helen Hershkoff, Esq. 
Adam S. Cohen, Esq. 
American Civil Liberties Union 
132 West 43rd Street 
New York, NY 10036 

     {ly 

  

  

    

    

hn R. Whelan 
ssistant Attorney General 

JRWO396AC 

  

 



      

NO. CvV-89-0360977S 

MILO SHEFF, ET AL., 1 SUPERIOR COURT 

Vv. 3 JUDICIAL DISTRICT OF 
: HARTFORD/NEW BRITAIN 

AT HARTFORD 

WILLIAM A. O'NEILL, ET AL. : JANUARY 26, 1993 

OBJECTIONS TO QUESTIONS POSED TO GERALD N. TIROZZI 

By agreement of the parties, the entire transcript of the 
  

deposition of Gerald N. Tirozzi, which was taken on September 18, 

1992, has been admitted into evidence as plaintiffs' exhibit 494, 

subject to certain conditions. One of those conditions is that 

the defendants be afforded the opportunity to interpose 

objections to questions posed to the deponent. The understanding 

of the parties is that the court will disregard the answers to 

any questions as to which an objection is sustained. As to any 

objections listed below which are not sustained, the defendants 

note an exception to the court's ruling. 

1. Page 27, Line 19: "Q; Now, based on what you know 

about Connecticut, Connecticut politics, how likely do you think 

it is that such a goal can be achieved here without a court 

order?" 

  

  
 



      

OBJECTION: The Ties Lon calls for pure speculation on 

the part on the withess. Furthermore, the question calls for an 

opinion as to the likelihood of future action by the executive 

and legislative branches of government. Predicting the future 

behavior of the executive and legislative branches of government 

is not an area of recognized expertise that the courts can or 

should consider by onpert opinion. Any reliance by the court on 

speculation about the future conduct of other branches of 

government for the purpose of determining state liability would 

offend the doctrine of separation of powers and be contrary to 

public policy. In any event, the background of this witness does 

not indicate that he is qualified to offer an opinion regarding 

the future behavior of the executive and legislative branches of 

government in Connecticut. 

SUSTAINED OVERRULED EXCEPTION NOTED 

2. Page 145, Line 18: "Q; Well, its included, these 

observations are included in some of the reports we have been 

talking about. Is it your opinion that location of state 

assisted housing has contributed patterns of racial segregation?” 

OBJECTION: The witness is not qualified to offer an 

opinion in this area. Specifically, on page 145, lines 13-17 the 

  

 



      

witness testified that he was "not by any means an expert" in how 

State housing policies may have affected residential segregation 

in Connecticut. 

SUSTAINED OVERRULED EXCEPTION NOTED 

3. Page 145, Line 24: "Q; Is it your opinion the 

locations and pattern of public transportation funded by the 

state has had any effect on racial segregation in the schools?” 

OBJECTION: The witness is not qualified to offer an 

opinion in this area. 

SUSTAINED OVERRULED EXCEPTION NOTED 

4. Page 147, Line 23: "Q; In your opinion, does the 

phenomenal of an exclusionary zoning contribute to the level of 

school segregation in the Hartford region?" 

OBJECTION: The witness is not qualified to offer an 

opinion in this area. See page 145 lines 13 - 17 of the 

deposition. 

SUSTAINED OVERRULED EXCEPTION NOTED 

  
 



    

The. foregoing objections are made on the understanding that, 

in the event the court grants the objection, the answer to the 

question will be disregarded by the court. The objections are 

offered on the further understanding that an exception on behalf 

of the defendants will be noted to any objection which is not 

sustained. 

FOR THE DEFENDANTS 

RICHARD BLUMENTHAL 
ATTORNEY GENERAL 

  

FR Whelan - Juris 085112 
/Bssistant Attorney General 

A10 Sherman Street 
/Hartford, Connecticut 06105 

ied Tel. 203-566-7173 

GH, 
artha HM.” Watts =/Juris 40 

/Assistant Attornéy General 
110 Sherman Street 
Hartford, Connecticut 06105 
Tel. 203-566-7173 

Al 4. od | IAS 

  

  

Alffed A. Lindseth, E 
Sutherland, Asbill & Brennan 

999 Peachtree Street, NE 

Atlanta, GA 30309-3996 

Tel: 404-853-8119 

“d=    



  

  ORDER 

| The Court having reviewed the above-noted objections, rules 

as is indicated by the check mark under each objection and notes 

an exception taken by the defendants to any objections which have 

not been sustained. 

  

HONORABLE HARRY HAMMER 
SUPERIOR COURT 

      
 



      

CERTIFICATION 
  

This is to certify that on this the 26th day of January, 

1993 a copy of the foregoing was mailed to the following counsel 

of record: 

John Brittain, Esq. Wilfred Rodriguez, Esq. 
University of Connecticut Hispanic Advocacy Project 
School of Law Neighborhood Legal Services 
65 Elizabeth Street 1229 Albany Avenue 
Hartford, CT 06105 Hartford, CT 06112 

Philip Tegeler, Esq. Wesley W. Horton, Esq. 
Martha Stone, Esq. Moller, Horton & 
Connecticut Civil Fineberg, P.C. 
Liberties Union 90 Gillett Street 
32 Grand Street Hartford, CT 06105 
Hartford, CT. 06105 

Ruben Franco, Esq. Julius L. Chambers, Esq.s 
Sandra DelValle, Esq Marianne Lado, Esq. 
Puerto Rican Legal Defense Ronald Ellis, Esq. 
and Education Fund NAACP Legal Defense Fund and 
99 Hudson Street Education Fund, Inc. 
14th Floor 99 Hudson Street 
New York, NY 10013 New York, NY 10013 

John A. Powell, Esq. 
Helen Hershkoff, Esq. 
Adam S. Cohen, Esq. 
American Civil Liberties Union 
132 West 43rd Street 
New York, NY 10036 

  

  

  

sistant Attorney General 

JRWO0394AC 

  

 



      

» ® 

NO. CV-89-0360977S 

MILO SHEFF, ET AL., : SUPERIOR COURT | 

v. 3 JUDICIAL DISTRICT OF 
HARTFORD/NEW BRITAIN 
AT HARTFORD 

WILLIAM A. O'NEILL, ET AL. : JANUARY 26, 1993 

OBJECTIONS TO QUESTIONS POSED TO VINCENT FERRANDINO 
  

On October 1 and October 6, 1992 the plaintiffs took the 

deposition of Vincent Ferrandino. A complete transcript of the 

deposition has been admitted into evidence as plaintiffs' exhibit 

493 subject to certain conditions. One of the conditions under 

which the deposition transcripts were submitted into evidence was 

that the defendants would be afforded the opportunity to present 

objections to questions posed to the witness during the 

deposition for a ruling by the court. 

The defendants have reviewed the deposition and have no 

objections to offer to the questions posed to the witness during 

that deposition. 

  
 



      

By: 

FOR THE DEFENDANTS 

RICHARD BLUMENTHAL 

ATTORNEY GENERAL 

/ 
/ 

Yillir 

  

  

JéAn R. Whelan - Juris 085112 
Assistant Attorney General 
A410 Sherman Street 
Hartford, Connecticut 06105 
Tel. 203-566-7173 

    
  

Yr M. Watts € Juris( 306172 
Assistant Attorney General 
110 Sherman Street 

Hartford, Connecticut 06105 
Tel. 203-566-7173 

(lL vi     oh
 | 2 He 
  

Al fred A. 4 Ao ES 
Sutherland, Asbill & Brennan 

999 Peachtree Street, NE 
Atlanta, GA 30309-3996 
Tel: 404-853-8119 

  

  
 



  

  

  

    

CERTIFICATION 
  

This is to certify that on this the 26th day of January, 

1993 a copy of the foregoing was mailed to the following counsel 

of record: 

John Brittain, Esq. 
University of Connecticut 
School of Law 
65 Elizabeth Street 
Hartford, CT 06105 

Philip Tegeler, Esq. 
Martha Stone, Esq. 
Connecticut Civil 

Liberties Union 

32 Grand Street 

Hartford, CT 06105 

Ruben Franco, Esq. 
Sandra DelValle, Esq 
Puerto Rican Legal Defense 
and Education Fund 
99 Hudson Street 
14th Floor 
New York, NY 10013 

John A. Powell, Esq. 
Helen Hershkoff, Esq. 
Adam S. Cohen, Esq. 
American Civil Liberties Union 
132 West 43rd Street 
New York, NY 10036 

JRWO395AC 

Wilfred Rodriguez, Esq. 
Hispanic Advocacy Project 
Neighborhood Legal Services 
1229 Albany Avenue 
Hartford, CT 06112 

Wesley W. Horton, 
Moller, Horton & 
Fineberg, P.C. 
90 Gillett Street 
Hartford, CT 06105 

Esq. 

Julius L. Chambers, 
Marianne Lado, Esq. 
Ronald Ellis, Esq. 
NAACP Legal Defense Fund and 
Education Fund, Inc. 
99 Hudson Street 
New York, NY 10013 

Esqg.s 

i 

   
  

/ / 7 

/ / z 
/ / 7 

4 7 7 Ff 

( fL / 
Jon K. Whelan 
Agsistant Attorney General 

iz