RICHARD E SULLIVAN, Ph.D., M.D.

1 E MMONS P LACE
CAMBRIDGE, MA 02138
(61 7) 492-0439
ricks ullivan@verizon .net

AFFIDAVIT OF RICHARD F. SULLIVAN, Ph.D, MD

Dear Mr. Pineiro:

1. My name is Richard F. Sullivan, Phd. MD. I reside at 1 Emmons Place, Cambridge,

Massachusetts and I have personal knowledge of the facts discussed in this affidavit.

2. I am a duly licensed physician in the Commonwealth of Massachusetts. I am a practicing

American Board Certified Emergency Medicine certified physician who has practiced in
Massachusetts for the last 31 years. In addition to being an emergency room physician
by training I have earned a doctorate in Organic Chemistry under the direction of Prof.
R.B. Woodward (Nobel Prize 1965) at Harvard University.

3. Prior to going to medical school at age 38, I was a Senior Medicinal Chemist at Smith
Kline and French and a Professor of Biochemistry and Pharmacology at Tufts University
School of Medicine. The additional particulars of my education and training are
discussed in a copy of my curriculum vitae (attached).

4. Your office has asked me to comment on the potential for serious injury resulting from
the use of the FN-303 "Less Lethal" manufactured by a Belgium Company known as
Fabrique Nationale, and in particular, you have asked me to opine from a medical point
of view of what I think are the potential risks of injury are of using this weapon in short
distances and for the extraction of inmates from their jail cells.

5. In order to prepare this opinion, I have read a great deal of documents. Some of the
documents that I reviewed include:

6. I read a number of affidavits from people employed at FNH USA and of individuals
employed at the Worcester Jail (WJ).

7. The FNH affidavit prepared by Mr. Buie, who is not a physician, recognizes the obvious
aspects of this weapon. That "Death and Serious Injury may result from projectiles
striking the head or neck." He argues that when deploying less lethal projectiles, "shot
placement is the most crucial means of preventing serious injury from extended range
less lethal projectiles." The affidavit wisely advises to "Never target the head or neck."

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8. Mr. Buie further states the "The FN 303 projectiles should be targeted at a person' s torso
or extremities depending on the distance between operator & subject." And that "If
possible, direct shots towards the clothed portion of the subject body to reduce the
possibility of cuts and/or abrasions to the exposed skin." In it he also states, "Subject
factors : Children, elderly persons, malnourished and/or person with specific medical
conditions, and developing fetuses, may be more prone to bone fracture and injury of soft
tissue of the thorax and abdomen from blunt force trauma." "When deploying the FN 303
Launcher in close combat situations (3 -12 feet, 1-4 meters between the operator and the
subject), the recommended target area is the thighs of the subject (not center of mass).

9. I have also read statements from correctional staff from the WJ who state that they have
only been advised in their training to stay clear of vulnerable areas such as the head, neck
and groin and to aim at the extremities or at the torso.

10. The jail staff also claim that they should use this weapon for extractions because the
chances of injury are small even though they are cognizant of the potential risk for
senous Injury.

What we know about the FN 303:

11. The FN 303 ' s literature and Mr. Buie' s statement suggests the weapon is powered by
compressed gas, and fires a finned.68 caliber projectile that weighs 8.5 grams from a
fifteen round drum-shaped magazine.

12. These projectiles can also carry both indelible and washable paints and capsicum.

13 . I have reviewed promotional literature prepared by FNH USA regarding this product.

14. The kinetic energy at the muzzle of the weapon is close to 25 .7 foot pounds or 29 Joules
and the muzzle velocity is 280-300 feet per second.

15. I did some calculation of my own regarding these forces. Twenty-nine Joules, the energy
contained in the projectile at forty meters, would be close to 40 Joules at the muzzle.
Kinetic energy is calculated by multiplying Y2 the mass, 0.0085 Kg, by the velocity
squared, velocity being 90 meters/second).

16. It is my opinion that being shot with an FN303 would be roughly replicated by dropping
a 1 Kg. projectile (0.68" in diameter) from a height of 13 feet on a prostrate correctional
officer held motionless on a floor so that blows to the head, neck and sternum and other
vulnerable areas might be minimized. I believe that very few C.O.' s would use this
weapon on inmates if they were compelled to participate in the above experiment.

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17. An article that I read at www.americancopmagazine.com likens getting hit with an FN
303 projectile to being hit by a 90 MPH fastball. Although the kinetic energy of the FN
303 (300 feet per second and 8.5 grams) is significantly less than that of a 90 MPH
fastball (approximately 134 feet per second, 142 grams) because it is absorbed by a much
smaller area, the experiences would be very likely similar. Indeed, this article discusses
how research on the FN 303 reveals its projectiles penetrated 2.5" ofT-shirt covered
ordnance gelatin when fired from 15 feet.

18. I reviewed other documents to formulate my opinion in this case.

19. I saw a video published in You Tube titled: "The FN303 Less Lethal Round is Greatly
Improved by Lamperd Less Lethal" http://www.youtube.com/watch?v=x1i4D8rlneo

20. I think this is a very important video because it shows the incredible amount of kinetic
energy (force) that this launcher produces and the consequent potential risk of serious
injury that follows.

21. The video, although promotional in nature, shows the kind of damage the FN 303 can
cause when a person is shot with this weapon. One of the things that impressed me about
this video was the fact that the ammunition round that was developed by Lamperd did not
shatter while the FN 303 rounds that are made from a styrene product, visibly shattered
after a round was fired.

22. The video raised another concern in my mind. The depth of penetration that followed
from the FN 303 was very significant. The Lamperd product did not become imbedded
while the FN 303 round not only shattered -- but it also penetrated the clay shell (Torso)
2x deeper than the original Lamperd round.

23. You may recall that the training manuals of the Worcester Jail, and oftwo of their
training vendors suggest that shots be directed at extremities and/or to the Torso.

24. I also read at a report by the Commission Investigating the Death of Victoria Snelgrove,
by appointment of the Boston Police Commissioner.
http://www .ci tyofboston. gov/Images Documents/ sternreport tcm3 -8 954. pelf

26. During the the Red Sox World Championship celebration police accidentally shot and
killed Victoria Snelgrove with an FN 303. The Commission found that before Ms.
Snelgrove was fatally struck and that two other individuals were hit in the face by FN 303
projectiles and began bleeding. Other people were also hurt with this weapon.

27. The commission said " . . . [w]e are unaware of any definitive independent study
addressing this question of safety, particularly the risk of penetration. The outcomes here
- three shots to the head, one resulting in death and two resulting in penetration - seem
inconsistent with the manufacturer' s representations that the projectiles will not penetrate
the skin."

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28. They also said, "[The]. .. FN 303 will remain under cloud until specific independent tests
(of the sort we suggest) are conducted. Quite apart from the other steps we recommend
(such as the adoption of clear policies and adequate training), the Boston Police
Department should not use this weapon until the tests are completed."

29 . That the W chooses to use this weapon apparently without any reservation, is a serious concern,
particularly since they do so without any medical consultation. As you know, the WJ has a
medical department and a medical director.

30. You provided me with a Technical Note published on the FN 303 prepared after the death
of Ms. Snelgrove. See, Mesloh CT, et al Evaluation of the FN 303 Less Lethal Projectile,
Journal of Testing and Evaluation, Vol. 34, No.6, March 13 , 2006 available online at
www.astm.org.

31. The study discusses the accuracy of this weapon and how it is possible with this weapon
to strike at distances greater than 55 yards. This study does not discuss or recommend
the use of this product in cell-extractions or its use in short distances because of
drawback associated with these weapons. The article generally warns about the obvious;
"Kinetic weapons, on the other hand, respond quite will at distances over 21 ft but suffer
the limitation of transferring excessive energy at close range. A number of death' s and
serious injuries have been documented from these weapons at various close ranges. As a
result, the greatest weakness in the existing less lethal arsenal is the distance at which
each tool can be safely deployed."

32. I read FNH materials published in the internet in order to promote the product. The
literature that I read suggested that this was a good product to use in:

• Short Safety Distance: "Low risk of permanent injuries even at very short ranges."

• Missions: "Crowd, riot controls, hostage rescue, barricaded suspects, suicide by

police, domestic violence, and "prison cell extractions."

• Projectiles: "the projectiles have been designed especially to break up on impact,

eliminating risk of penetrating injuries."

33 . I have formulated a number of opinions in this case to a reasonable degree of medical

certainty. First, it is my opinion that there is a risk of permanent injury associated with
the use of this weapon at the short ranges suggested by the WJ, by FNH and by a training
vendor that trained WJ staff.

34. I also have an opinion to a reasonable degree of medical certainty that even for crowd
control and other instances including for prison cell extractions this weapon and the
proj ectile it fires creates a substantial risk of injury, including permanent injury and even
death.

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35. Also, to reasonable degree of medical certainty I disagree with FNH 303 claim that
because of the design of this product (and the fact they break upon impact) this weapon
eliminates the risk of penetrating injuries.

36. In this case, I read through a Statement of Material Facts which summarizes grievances
that inmates filed with WJ staff.

37. I was given to review grievances from inmate Virela, Vargo, Irrizary, Dean, Horton,
Paicopolous, Gow, Shannonhouse, Vargo, Rodriguez, Figueroa, Baez, Childers, Klash,
Vacca, Harju, Santos, Baillargeon, and ofMr. Nevin.

38. I also sat through a stack of what I considered to be graphically disturbing and brutal
DVD images of cell extractions at the WJ between 2006 and 2007.

39. I read the use of force reports that discuss the issue of restraints that were applied to
many of the prisoners that were shot at with the FN303 . Many ofthem described after
being shot that they brought to the hole or the "cage."

40. The literature that I have read states that the great accuracy possible with this weapon
makes it effective at ranges of 50 meters and states that its maximum range is 100 meters.

41. It recommends that one should target the Torso or extremities, clothed areas, if possible,
and that one should never target the head, neck or spine.

42. As I have mentioned earlier, that this weapon has caused at least one death is common
knowledge.

43 . That rare young baseball players are killed when struck by a thrown or batted baseballs
on their chest is also common knowledge. But the risk ofthis kind of injury occurring
with the FN 303 is claimed to be quite minimal because ofthe great accuracy possible
with this weapon.

44. However, in the video discs that I watched I observed a group of helmeted correctional
officers in camouflaged uniforms firing their FN3 03' s through a small rectangular
opening in the much larger cell door through only a very partially opened door into a
space that has been recently pepper sprayed and in which inmates are hiding behind
mattresses or other shields. The probability of effective careful aim under these stressful
was obviously quite low.

45. That at least 20 projectiles were fired in some of these extractions seemed certain. Many
of them were minimally aimed. Equally concerning is evidence contained in the WJ use
for force reports that show that correctional staff was aiming and firing these weapons
above prisoners head "in order to confuse them" as the incident reports recounts - a
bizarre and dangerous practice that is countenanced by correctional staff at the WJ.

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46. Many of the marks of impact that I observed in the videos were more commonly on the
lower extremities, but wounds of shoulders, upper arms, the Torso (in one instance) and
upper back stand out in my mind, not to mention graphic pictures involving various
inmates where one claimed was hit in the head (perhaps by fragments) but nevertheless
causing visible wounds in the right temple (inmate Dudley), or as in the case ofMr.
Vacca who received a penetrating wound below his left knee secondary from the
deployment of this weapon.

47. The use of this weapon at the WJ establishes the real possibility that the kinetic energy it
generates can, has, and will continue in the future to cause penetrating wounds in the
human body as it was the case with inmate Scott Gow back in September 2007 and with
Mr. Vacca.

48. The video taken after he was shot by WJ staff, the photographs that you showed me and
the medical records demonstrate to a certainty that the possibilities of penetrating wounds
from the use of the FN 303 are real.

49. To confirm this one only need review Mr. Gow' s operative report at St. Vincent's
Hospital prepared by Dr. Konstantine A vradopoulos who diagnosed Mr. Gow pre and
post operatively with a left lower extremity gunshot wound. The operative note
conclusively establishes that Mr. Gow presented to the surgical department with a
foreign body in the left lower extremity after being shot with plastic bullets.

50. I suggest you also read: The Pain Merchants: Facts and Figures, Amnesty International,
Dec. 2003 recounting an incident in Switzerland in which Denise Chervet was hit with
two projectiles from a "less lethal launcher" (manufactured by FN Herstal of Belgium)
fired by Geneva police at demonstrators in March 2003. According to AI, "One of them
(sic) left fragments of metal and plastic embedded in her face from which they cannot be
removed for fear of paralysis."
http://vlww.amnesty.org/ar/library/asset/POL30/02712003/enl85d9881 c-fac5-li dd-b6c4-
73b 1aa157d32/po1300272003en.pdf

51. Some of the disks ended abruptly without explanation, inevitably leading a skeptical
mind to question what they might have revealed had they continued.

52. That these weapons, used in the way shown in the videos will result in serious injuries
seems much more likely than not.

53. I also want to comment on information that was gleaned by reading some of the
grievances and the use of force reports.

54. I saw shocking images of prisoners being placed either in four or in six point restraints,
and understand from documents reviewed that they were held rigidly restrained for
prolonged periods (reaching well into double digits of hours) . The risk of Deep Venous
Thrombosis (DVT) and Pulmonary Embolism (PE) from such treatment must be very
significant.

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55. Crucifixion caused death by holding its victims motionless for prolonged period without
water and exposed to the elements.

56. Some of the prisoners alleged conduct that if believed, would amount to a basic violation
of human rights. Documents show a number of prisoners being restrained for long
periods of times without an opportunity to move and under inhumane conditions from a
human and from a medical point of view. For example, I saw records that discussed the
following inmates being tied up for long hours. See, e.g., Guardado (4 hours); Guardado
during another extraction (17:30 hours); Campbell (21 :45 hours); Childer' s (18.15
hours); Nevin (19:30 hours) without an ability to move. I am also told that you don't
believe there is video of the inmates held in restraints.

57. Some of these inmates added that besides being psychologically degraded in this manner,
they were also forced to urinate on themselves while in restraints because they were
denied access to bathroom services.

58. I fmd this conduct to be conduct to be well beyond the limits tolerated by civilized
societies, but not surprising for standards set at the WJ based on my prior involvement
reviewing issues surrounding medical care of a number sick inmates.

59. To find that medical staff and nurses at the WJ are involved in checking on inmates under
these conditions without intervening on their behalf is also conscious shocking behavior.
Conduct like this and lack of follow up demonstrates a will-full blindness on the part of
the WJ medical staff.

60. That these discs depict conduct that should not be allowed in a civilized society is, in my
mind, beyond cavil.

61 . I trust that I have answered some of your questions and concerns.

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 th
Signed and sworn to under the pains and penalties of perjury, this 16 day of April
2012.

~~-PJ.rD
Richard F. Sullivan, Ph.D, MD
Ih,O
).
 CURRICULUM VITAE

Name: Richard Francis Sullivan

Address: 1 Emmons Place, Cambridge MA 02138

Date of Birth: July 14, 1937

Education:

1959 A.B . Harvard College, Cambridge, MA

1969 Ph .D. Harvard University, Chemistry
1979 M.D. Tufts University School of Medicine

Postdoctoral Training:

Internship and Residencies:

1979-1980 Intern, Department of Medicine, Mount Auburn Hospital

Cambridge, MA
1980 Resident, Department of Medicine, Mount Auburn Hospital
Cambridge, MA

licensure and Certification:

Massachusetts Registration
Drug Enforcement Administration
Advanced Trauma Life Support
Advanced Cardiac Life Support
1992 Board Certified , American Board of Emergency Medicine

Academic Appointments:

1970-1974 Assistant Professor of Biochemistry and Pharmacology

Tufts University School
1980-1981 Associate Dean and Professor, University of Dominca School of
Medicine, Commonwealth of Dominca, British West Indies
1981 Acting Dean, University of Domil1ca School of Medicine
Commonwealth of Dominica, British West Indies
1990- Clinical Instructor of Medicine, Harvard Medical School

Hospital Appointments:

1981-1984 Emergency Department Physician, Santa Maria Hospital ,

Cambridge, MA
1982-1986 Emergency Department Physician, Amesbury Hospital,
Amesbury, MA
 1983-1984 Emergency Department Physician , Anna Jacques Hospital ,
Newbury, MA
1983- Emergency Department Physician, J.B. Thomas Hospital ,
Peabody, MA
1984-1991 Emergency Department Physician, Martha's Vineyard Hospital
Oak Bluffs, MA
1984-1989 Director, Emergency Department, Santa Maria Hospital ,
Cambridge, MA
1985-2007 Attending Physician, Emergency Department, Cambridge Hospital
1993- Attending Physician, Emergency Department, Lahey Clinic,
Peabody MA
2007- Staff Physician, Winchester Hospital Family Medical Center,
Wilmington, MA
2009- Staff Physician, Vineyard Haven Medical Services,
Vineyard Haven, MA

Other Professional Positions and Major Visiting Appointments:

1968-1970 Senior Chemist, Smith, Kline & French , Philadelphia, PA

Principal Clinic and Hospital Service Responsibilities:

1985- Attending Physician, Department of Medicine,

The Cambridge Hospital