Dalyadmitted to police that he was involved in the attack, which he described as a “scrum”. Agent Daly’s cell phone came loose, during the attack, and Alves grabbed it.
When the Barnstable police finally did arrive, Alves handed Mr. Daly’s phone over to them. According to Barnstable Patrolman Armando Feliciano, he identified Mr. Daly, as the owner of the cell phone, then noticed, he was obviously intoxicated.
Pleads the 5th
Mr Daly was brought to the November 10, 2011, “Probable Cause Hearing” as a “witness”. Daly had a lawyer in the court room to represent him all day, so he would not be seen. The hearing started at 2pm and went till 8pm in the evening. Mr Daly was called as the last witness, his lawyer asked for a brief recess to retrieve Mr Daly. He came in through the lobby of the court house with his jacket over his head, hiding his face, as he shuffled past me into the court room. He took the stand, and his lawyer invoked his 5th amendment rights to not incriminate himself.
In addition, once Mr.Daly realized I had his phone, he went into a tirade laced with racial slurs.
Taken from Witness Sheri Valeri Deposition
Five witnesses identify a man, generally described as around 6’0 bald or buzz cut, early to mid 40’s wearing plaid shorts, and sneakers, and being right up in Alves face, or nose to nose with Alves, before he said “its on” and then attacked Alves.
Taken from Witnesses Barnstable Police Narratives
“Its Fucking On”
Identification by name
Haverhill Police Officer Matthew Woodman, identified the man being in Alves face, and nose to nose with Alves arguing, just before the attack took place, by his name “John Jack Daly”.
In March of 2013, John Daly sat down for a deposition, he admitted he was wearing sneakers and shorts, and it was possible his shorts were plaid.
Taken from Daly Deposition