EXHIBIT K 

Cited portions of Deposition of Mark Daggy dated 10/25/2014 

taken in Lana Canen v. Dennis Chapman, et al., 

U.S. District Court, Northern District of Indiana, 

South Bend Division, Case No. 3:14-CV-00315 

USDC IN/ND case 3:14-cv-00315-RL document 42-11 filed 09/10/15 page 1 of 8
1 UNITED STATES DISTRICT COURT

2 NORTHERN DISTRICT OF INDIANA

3 SOUTH BEND DIVISION

4 LANA CANEN, )

 )

5 Plaintiff, )

 )

6 vs ) Case No.

 ) 3:14-cv-315-RL-CAN

7 DENNIS CHAPMAN and MARK DAGGY, )

 )

8 Defendants. )

 )

9

10

11 The Deposition of MARK DAGGY

12 Date: Tuesday, October 28, 2014

13 Time: 10:30 a.m.

14 Place: Elkhart Police Department

 175 Waterfall Drive

15 Elkhart, Indiana

16 Called as a witness by the Plaintiff

17 in accordance with the Federal Rules of Civil

18 Procedure for the United States District

19 Court, Northern District of Indiana, South Bend

20 Division, pursuant to Notice.

21

22 Before Charolette A. Martinez, CSR 11983

 Notary Public, St. Joseph County, Indiana

23

24 MIDWEST REPORTING, INC.

 1448 Lincolnway East

25 South Bend, Indiana 46613

[10/28/2014] daggy mark

USDC IN/ND case 3:14-cv-00315-RL document 42-11 filed 09/10/15 page 2 of 8
2

1 APPEARANCES:

2

3 MR. MICHAEL K. SUTHERLIN

 MICHAEL K. SUTHERLIN & ASSOCIATES

4 334 North Senate Avenue

 Indianapolis, Indiana 46204

5 msutherlin@gmail.com

 317.634.6313

6

For the Plaintiff;

7

8 MR. MARTIN W. KUS

 Newby, Lewis, Kaminski, Jones, LLP

9 916 Lincolnway

 La Porte, Indiana 46350

10 219.362.1577

 mwkus@nlkj.com

11

For the Defendant, Mark Daggy;

12

13 MR. MICHAEL F. DE BONI

 Yoder, Ainlay, Ulmer & Buckingham, LLP

14 130 North Main Street

 P.O. Box 575

15 Goshen, Indiana 46527-0575

 574.533.1171

16 mdeboni@yaub.com

17 For Defendant, Dennis Chapman.

18

ALSO PRESENT: Dennis Chapman

19 Cindy Bennett

20

 * * *

21

22

23

24

25

[10/28/2014] daggy mark

USDC IN/ND case 3:14-cv-00315-RL document 42-11 filed 09/10/15 page 3 of 8
85

1 A. I've had no training at all in any kind of

2 fingerprint-taking.

3 Q. Okay. Now, we've identified yourself and

4 Dennis Chapman as defendants in this matter. When

5 was the last time the two of you talked about a

6 case of -- the case of Lana Canen?

7 A. I don't believe I've ever talked to him about the

8 case of Lana Canen.

9 Q. You've never talked to him?

10 A. I don't believe I've ever talked to him at all, ever.

11 Q. Prior to trial in 2004 you didn't have any

12 conversation with him?

13 A. I've never had any conversation with Dennis Chapman.

14 Q. We'll get there, then.

15 At some point did you tell Lana Canen before

16 the murder that you were going to arrest her for

17 the burglaries?

18 A. I may have.

19 Q. Did you discuss that decision to arrest her with

20 anyone else?

21 A. I don't think so.

22 Q. Do you want to refer to any of these records to

23 refresh your memory whether you've discussed this

24 with a supervisor or with any other detective?

25 A. If I need to, sure.

[10/28/2014] daggy mark

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99

1 Q. Now, at this time it would have been, what, five,

2 six months after -- after the homicide?

3 A. She was arrested in April of 2003. Homicide was in

4 '12 of -- about five months, maybe.

5 Q. Okay. I'm just estimating. What had happened, if

6 you know, with regard to the homicide investigation

7 in those five months?

8 A. I don't know. I didn't work on it then.

9 Q. Okay. All right.

10 At some point you explained that there was

11 another officer who was primarily involved in the

12 homicide. Is this what we -- are we referring to a

13 new phase where there was a group of detectives now

14 working this as a cold case?

15 A. No. I think the -- I'm not sure what -- I don't

16 understand your question. I'm not sure what your

17 time frame is.

18 We formed the homicide unit -- I believe it was

19 August 2003. That's when we picked this case up.

20 Q. Yes. And that's when Detective Chapman was

21 involved in his fingerprint analysis?

22 A. I have no idea when he was involved with it.

23 Q. All right. But you weren't aware that he was

24 involved in this as a fingerprint analysis expert?

25 A. No.

[10/28/2014] daggy mark

USDC IN/ND case 3:14-cv-00315-RL document 42-11 filed 09/10/15 page 5 of 8
189

1 CERTIFICATE

2 I, Charolette A. Martinez, a Notary Public, in and

3 for the County of St. Joseph and State of Indiana, do

4 hereby certify there appeared before me, MARK DAGGY, on

5 Tuesday, October 28, 2014, who was duly sworn to

6 testify the truth, the whole truth, and nothing but the

7 truth to questions propounded at the taking of the

8 foregoing deposition in a cause now pending and

9 undetermined in said court;

10 I further certify that I then and there reported

11 stenographically the proceedings at the said time and

12 place; that the proceedings were then transcribed from

13 my original shorthand notes; and that the foregoing

14 transcript is a true and correct record thereof;

15 IN WITNESS WHEREOF, I have hereunto set my hand

16 and affixed my notarial seal this 3rd day of November,

17 2014.

18

19

20

21 ____

 Charolette A. Martinez, CSR

22 Notary Public, State of Indiana

 Residence: St. Joseph County

23 Commission Expires: 12-18-2022

24

25

[10/28/2014] daggy mark

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190

1 UNITED STATES DISTRICT COURT

 NORTHERN DISTRICT OF INDIANA

2 SOUTH BEND DIVISION

3 LANA CANEN, )

 )

4 Plaintiff, )

 )

5 vs ) Case No.

 ) 3:14-cv-315-RL-CAN

6 DENNIS CHAPMAN and MARK DAGGY, )

 )

7 Defendants. )

 )

8

9 MARK DAGGY

10 I hereby acknowledge that I have read the foregoing

11 deposition transcript regarding the case of Canen Vs.

12 Daggy, taken on October 28, 2014, and that the same is a

13 true and correct transcription of the answers given by me

14 to the questions propounded, except for the additions or

15 changes, if any, as noted on the attached errata sheet.

16

17

18 _____________________________

 MARK DAGGY

19

 Subscribed and sworn to me

20 this _________ day of _______,

 2014, A.D.

21

22

 Notary Public or Witness_________

23 State of ________________________

 County of _______________________

24 My commission expires:___________

25

[10/28/2014] daggy mark

USDC IN/ND case 3:14-cv-00315-RL document 42-11 filed 09/10/15 page 7 of 8
Deposition of: Mark Daggy

ERRATA SHEET 41184cm

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MIDWEST REPORTING, INC.

1448 Lincolnway East

South Bend, Indiana 46613

(s74) 288-4242 Date: /9- ü2- l Ll

USDC IN/ND case 3:14-cv-00315-RL document 42-11 filed 09/10/15 page 8 of 8