ELLEN DiBUNO, 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 1339 Pine Drive, Bay Shore, NY 11706.

3. GARY DELFICO, parolee, is my son.

4. I know for a fact that my son, GARY DELFICO has been harassed by complainant,
MICHAEL PESOLA. This is because he began complaining to me about harassment
from Mr. Pesola since mid to late May.

5. Specifically, I attest that I did hear over speaker phone, the complainant, MICHAEL
PESOLA say to GARY DELFICO, “I will put a bullet in your head.” This was after I
heard GARY DELFICO offer meet with MICHAEL PESOLA to work out their conflict.
After MICHAEL PESOLA’S threat, GARY DELFICO took the phone off of speaker and
I could not hear anything else. Just following that, I called the police immediately via
911 emergency. As a result, I and Gary gave statements to an Officer Cina.

6. MICHAEL PESOLA has also been calling me. He has asked me on no fewer than six
occasions whether my son GARY DELFICO and MICHAEL PESOLA’s wife, JOANNE
PESOLA have engaged in an affair. I always tell him I have no way of knowing. It is my
sincere belief that MICHAEL PESOLA’s harassment of GARY DELFICO stems from
MICHAEL PESOLA’s belief that GARY DELFICO slept with JOANNE PESOLA,
MICHAEL PESOLA’s wife.

7. GARY DELFICO has been home with me almost every night since he has been
home. He has never really broken his curfew. The only time he was remotely close was
July 4, 2006. He had gone to see the fireworks by train and his train was slightly late on
its return. I know this because I picked him up at the train station. We walked into the
house no more than five minutes after his curfew. GARY DELFICO freely admitted that
one lateness to his Parole Officer.

8. Additionally, I drive GARY DELFICO everywhere, and pick him up. I take him to
parole and to his psychiatric programs. I am always with him and am aware of all his
conduct. I know he has harassed no one and has been doing everything he is supposed to.

9. I have also taken GARY DELFICO to the Emergency Room because he has had
severe anxiety about the harassment from MICHAEL PESOLA.

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

Ellen DiBuno Date