EXECUTIVE DEPARTMENT OF THE STATE OF NEW YORK

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In the Matter of the Parole Revocation of

Justin O’Toole

NYSID# 9557272-Z

Warrant# 439016

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Respectfully Submitted

Kent V. Moston
Attorney in Chief
Legal Aid Society of Nassau County
By,

Daniel Schneider, Esq.

Of Counsel
July 12, 2006
 KIVA COHEN, being duly sworn deposes and says:

Affiant has read the foregoing statement and knows the contents thereof to be true and do

hereby swear, under the pains and penalties of perjury that:

1. I am making these statements freely and not under duress or coercion from anyone.

2. I do live at 346 Richard Ave., Apt. #B3, Hicksville, NY 11801.

3. That I am acquainted with and have been living with one Defendant/Parolee JUSTIN
O’TOOLE.

4. I am familiar with the events which occurred on June 27, 2006.

5. I am prefacing this statement by saying that JUSTIN O’TOOLE never assaulted,

attacked or laid a hand on me. He has never been physical with me and I have never
been in fear for my safety during the whole time we have been together.

6. JUSTIN O’TOOLE and I have been in a committed relationship and have been living
together. On the night in question, were not getting along. He had gone out to an
appointment, and I took two Xanex, which I have a valid prescription for. I wanted to get
some sleep because I had not been sleeping well. When JUSTIN O’TOOLE returned, we
began to fight verbally, so I walked away and took two more Xanex to calm myself
down. After that, I discovered that JUSTIN O’TOOLE had gone into my purse without
my permission and when we were fighting about it, he called me a liar and attempted to
break up with me. It was then that I became enraged. I became hysterical and was
inconsolable. I was so angry distraught that I called 911 without thinking about the
consequences to him. When they arrived, I was still not in control.

7. When asked to give a statement, I was extremely hysterical and I did not pay attention
when the statement was read back to me. When I was told I had to, I signed the original
statement though I did not know what I was signing. Only after, did I realize that the
statement erroneously had me accusing JUSTIN O’TOOLE of assaulting me. When the
police returned hours later to take pictures of me, I told them that the original statement
was all wrong, but they said I had already signed it and they could not take another
statement. Since then, I have been trying to get my statement changed with no avail.

8. I should mention that prior to this incident, I have been seeking help with a therapist
for my anger management issues. I do have a lot of anxiety and JUSTIN O’TOOLE
should not be punished because I made a huge mistake. He should not be punished
because I acted in an inappropriate way, just because I was so angry. I do not wish to go
forward with any charges, either in Parole or in Criminal Court. I cannot stress enough,
that JUSTIN O’TOOLE never assaulted or attacked me.

I sign, under the pains and penalties of perjury, ,

Kiva Cohen Date
EXECUTIVE DEPARTMENT OF THE STATE OF NEW YORK

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In the Matter of the Parole Revocation of

Justin O’Toole

NYSID# 9557272-Z

Warrant# 439016

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Respectfully Submitted

Kent V. Moston
Attorney in Chief
Legal Aid Society of Nassau County
By,

Daniel Schneider, Esq.

Of Counsel
July 12, 2006
 KATHI LaROCCA, being duly sworn deposes and says:

Affiant has read the foregoing statement and knows the contents thereof to be true and do

hereby swear, under the pains and penalties of perjury that:

1. I am making these statements freely and not under duress or coercion from anyone.

2. I do know both KIVA COHEN and Defendant/Parolee JUSTIN O’TOOLE and was with
them during the events of June 27, 2006.

3. I do presently have a prescription of Oxycodone for my chronically painful back and ankles.

4. On June 27, 2006, I was wearing a skirt with a tiny pocket and was not carrying a purse. I
brought a single pill of Oxycodone for my use later. At one point I dropped it because it kept
popping in the tiny pocket of my skirt. At that point, JUSTIN O’TOOLE hesitantly agreed to
hold the pill. I know he was hesitant to even touch it because he does not like to touch any
pills that are unidentified because of his parole situation. He knew it was my medication and
since he was wearing cargo shorts with many pockets, he agree to hold it. I therefore put the
pill in his cargo pocket and he did not touch it.

5. I am affirming that the Oxycodone pill that was found on the person of JUSTIN O’TOOLE
was in fact mine and that I do have a valid prescription for said medication. JUSTIN
O’TOOLE was holding the pill for me.

I sign, under the pains and penalties of perjury, ,

Kathi LaRocca Date