State of Maine, Cumberland ss
Superior Court Civil Action Docket No. CV-04-98
Gayle A. Fitzpatrick & Charles Rankowski, individually and as parents of Jan Rankowski, a minor, Plaintiffs
vs.
Town of Falmouth, et al., Defendants
Appearances:
On Behalf of the Plaintiffs: Ronald R. Coles, Esq.
On Behalf ot the Defendants: Melissa A. Hewey, Esq.
Transcript of Hearing, 27 August 2004 before Thomas E. Humphrey, Justice
14. TESTIMONY OF CHARLES RANKOWSKI
MR. COLES: I recall Charles Rankowski.
THE COURT: Certainly, Mr. Rankowski, I will invite you to the stand please. I would simply remind you that you were sworn under oath yesterday. I consider you to still be subject to the obligation of that oath. You may have a seat, sir, thank you.
CHARLES RANKOWSKI, after having been previously sworn, testified as follows:
DIRECT EXAMINATION
BY MR. COLES:
Q. Charles, you heard Superintendent McCormack testify as to conversations he had with you in early December of last year?
A. Yes.
Q. What is your recollection of those conversations that you had with Tim McCormack on or about December 1st of last year?
A. Oh, well, he called. I mean, I'm sorry, I called him. I had heard that he had mentioned that there was trouble getting hold of me, but I do work at my desk all day long.
Q. Did the phone rings six or eight times and you not pick it up?
A. No, no, but I work at my desk all day long. I work from home. Officer Soucie called me. He said Tim McCormack had trouble getting hold of me, and I asked him if he had trouble getting hold of me.
Q. And what did Officer Soucie say?
A. Well, no. I picked up the phone the first time. I sit at my desk all day long.
Q. Did you call Superintendent Tim McCormack?
A. Immediately.
Q. And tell me what you said to Tim McCormack and what he said to you?
A. Well, I asked him, you know, why he called the police.
Q. And what did he say?
A. Well, he explained the situation that we were given a paper, an assessment that he hoped that we would sign, and I mentioned that, you know, we would take a look at it.
Q. well, what was his response to that?
A. Well, we were getting along very well on the phone. I am not sure I understand where we are going.
Q. Did you ever meet with him face-to-face?
A. No, no, I have never seen him before.
Q. So the only conversations you had was with Tim McCormack by telephone?
A. Right.
Q. He had no trouble, you had no trouble reaching him, did you?
A. Oh, no, not at all. He picked up his phone the first time.
Q. Nothing further.
THE COURT: Thank you. Attorney Hewey.
MS. HEWEY: No questions.
THE COURT: Thank you.
MR. COLES: Plaintiff finally rests.
THE COURT: Thank you. I indicated to counsel last Friday at the close of the evidence I would entertain closing oral arguments, give counsel a few moments to collect your thoughts if you wish.
MR. COLES: I don't need it, Your Honor, I am ready to close right now.
THE COURT: Attorney Hewey, your position.
MS. HEWEY: That's fine with me.
THE COURT: Fair enough.
Closing Statement of Plaintiffs' Attorney Ronald R. Coles, Esq.
Reported by: Diane L. McManus, Official Court Reporter
(This transcript was scanned from a certified copy of the original and converted to text using OmniPage Pro 14.)
