Mr. Steven Stoddard

Ms. Capobianco listed her witnesses as Edwin Hasgill, Jr., the manager of the E.P. Clark Post #107; Nicole Donovan, a bartender; Catherine Thistle, a bartender; Steven Stoddard, a member of the American Legion; George Souliopolos, a member of the American Legion; William Thistle, a member of the American Legion; Kimberly MacDonald, a member of the American Legion; Debra Crone, a member of the American Legion.
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Mr. Stoddard said he just recently left the American Legion post. Sergeant Lauzon continued that he got Mr. Stoddard's identification and determined that he was under the influence of alcohol. Mr. Stoddard said he just recently left the American Legion but did not give a time. He (Mr. Stoddard) was definitely impaired, intoxicated. Sergeant Lauzon stated that he offered Mr. Stoddard a ride home, but he didn't want that. He (Sergeant Lauzon) took his keys and said he would bring them back in the morning. Mr. Stoddard was glassy eyed with slurred speech. He didn't ask Mr. Stoddard to get out of his vehicle. Mr. Stoddard agreed to give him the keys to the vehicle.
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Ms. Capobianco noted that Sergeant Lauzon testified that Mr. Stoddard came out of the American Legion recently and asked what that meant.
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Mr. Hughes asked if Sergeant Lauzon got the result from the PBT on Mr. Stoddard.
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In speaking with Mr. Stoddard he said he was unable to drive his car. Officer Salis said he offered to give Mr. Stoddard a ride home and bring him back in the morning, but he declined. He (Officer Salis) administered a PBT and recorded Mr. Stoddard's blood alcohol. Mr. Stoddard was sitting in the car the whole time.
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Mr. DeLuca requested the information on the PBT administered to Mr. Stoddard.
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Officer Salis responded that .02 was the legal limit and confirmed that Mr. Stoddard's was more than twice.
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Mr. Stoddard would not have been served alcohol by anyone other than her. Mr. DeLuca inquired as to what Ms. Thistle served Mr. Stoddard.
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Mr. Ball asked about Mr. Stoddard and Mr. Souliopolos, and Ms. Thistle advised that both were members.
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When Mr. Ball asked if Mr. Stoddard appeared intoxicated, Ms. Capobianco objected.
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Responding to other questions, Ms. Thistle replied that Mr. Hasgill (club manager) was not present, and Mr. Stoddard left at least one hour before last call.

Mr. McKinley inquired as to how long Mr. Souliopolos had known Mr. Stoddard, and Mr. Souliopolos answered 4-5 years.
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Mr. DeLuca called his next witness Steven Stoddard.
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Mr. Stoddard stated that he lived at 11 Spruce Lane, Natick and had been unemployed since he got off active duty last year. He had been a member of the American Legion for 15-20 years and showed his identification card. Through a series of questions from Mr. DeLuca, Mr. Stoddard testified that he usually used the card to get in but on weekends with the color guard he would bang on the door. There were certain hours the magnetic key was in operation, but he didn't know what the time was now. He had no experience with knocking or using the bell after 11:00 p.m. Mr. DeLuca's question as to where Mr. Stoddard had been the afternoon of May 21, 2003 raised an objection from Ms. Capobianco.
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Mr. DeLuca rephrased the question and asked where Mr. Stoddard was in the evening of May 21, 2003.
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Mr. Stoddard replied that he arrived at the American Legion late in the afternoon about four-ish and drank a couple of beers. He believed he was served by Mary. He then left to get something to eat and returned a couple of hours later. He left about 6:00-7:00 p.m. and went to Burger King on Route 30 in Framingham and returned to the American Legion about 8:00 p.m. He gained entry with his key card. He consumed 3-4 beers served in 12 ounce mugs.
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Stoddard left the Legion at 10:00-10:30 p.m. The degree to which he was inebriated between 1:00-2:30 a.m. was not relevant.
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Mr. Stoddard stated that he did not and confirmed that the only alcohol he consumed was provided by the Legion prior to 10:30 p.m. Asked if as a result of his conversation with the Natick Police Department he made a decision relative to his keys, Mr. Stoddard responded that he was asked by the Sergeant to give up his keys and he did and he stayed in the vehicle. The keys were returned to him later in the morning. He was still in the parking lot and when he received the keys he finished his old coffee sitting in there and left. He further confirmed that he was not present in the Legion between 10:30 p.m. and 1:30 a.m. Ms. Capobianco began her cross-examination by asking if Mr. Stoddard was an active member of May 21, 2003.
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Mr. Stoddard stated that that was correct. He was a member because he served in the military. He did not recall if either office had asked if he were a member, but they did not ask to see his American Legion identification. Mr. McKinley noted that when Mr. Stoddard left the American Legion he retired to his vehicle and fell asleep and was awoken by people leaving and then the officer. He questioned if Mr. Stoddard was woken up two times. Mr. Stoddard's response was, "yes". He did not know when he was woken up the first time or the second, but between the time he left the Legion and when he was woken up he consumed no additional alcohol. Mr. Ciccariello inquired as to who served him the beer at the American Legion, and Mr. Stoddard answered that it was Ms. Thistle and only Ms. Thistle.

Mr. Stoddard's statement at that time was that he was recently at the American Legion. His testimony was that he had been there on two occasions, but left by 10:30 p.m. and fell asleep.
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Sergeant Lauzon checked on his (Mr. Stoddard's) safety, took the keys and permitted Mr. Stoddard to sleep and not charge him with any crime. Mr. Stoddard was given his keys in the morning. Mr. Stoddard testified that he drank at the American Legion and left by 10:30 p.m. and all the witnesses testified that Mr. Stoddard left by 10:30 p.m. When Ms. MacDonald showed up, Mr. Stoddard was gone.
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Mr. Stoddard testified that he left at 10:30 p.m. and when he was sleeping in his car he heard knocking. It was Sergeant Lauzon and he (Mr. Stoddard) remembered some people leaving. It was not reasonable for the Board to infer that there was drinking after 1:00 a.m. and Sergeant Lauzon testified that he was not here to tell the Board that Mr. Stoddard was in the American Legion drinking after 1:00 a.m.
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Mr. Stoddard left the American Legion at 10:30 p.m., and the four individuals left in the building at 1:00 a.m. were all to clean the bar.