The following excerpts are from Assistant Principal Dan Albetta’s testimony at Mr. Silvers’ 3020a hearing.
Albetta’s direct testimony
City lawyer: and directing your attention to October 23rd did there come a time during that day something unusual occurred involving Mr. Silvers outside your school?
Albetta : yes
City Lawyer: you tell us what if anything happened on that day?
Albetta: I was driving home on the FDR Drive going south. I got on the exit entrance ramp at 116th street and I must have traveled approximately 10 blocks or so 15 Something to that effect. And I recall that there was heavy to moderate traffic where we were moving approximately 5 miles an hour, then kind of stop and we’d move another 5 miles an hour. I got approximately-I knew it was right before ,slightly before the 96 street exit where I looked up and saw about a 12 year old boy, that age approximately with the window open screaming pointing towards me cause I was in the right lane and this vehicle was in the center lane about 10 to 15 maybe 10 feet in front of me. But I saw the boy screaming out the window screaming profanities and pointing towards me
This is Mr. Albetta’s Cross examination.
Respondent lawyer: Mr.Silvers’ SUV was about ten to fifteen feet in front of you.
Albetta: yes Approximately two to three car length maybe
Respondent lawyer: Two to Three car lengths were there cars in front of you.
Albetta: Actually at the time there was probably a car length. I don’t like to tailgate in that type of traffic I back off the traffic.
Respondent’s lawyer: So you were one car length away from the car in front of you and the SUV that you mentioned was about two to three car lengths ahead on your left is that right.
NoI had about a space of one car length in front of me and then I would say Mr. Silvers SUV was about a car length in front of that, in front of the car that was in front of me.
In Mr. Silvers’ testimony he states that Mr. Albetta was on the phone and nearly hit Mr. Silvers’ car because he was distracted by his cell phone. Mr. Albetta states in his direct testimony that I looked up. This means that Mr. Albetta’s eye were not on the road, but looking downward. Mr. Silvers’ testimony never changed from the audio recording he had made during a meeting with Jimenez,Albetta, and with Silvers’ union representative.