first on the stand this afternoon was deputy superintendent debra kirby who was questioned about misdemeanorctives had him sign kirby said we shouldn't have had her sign a misdemeanor complaint because we were going after felony charges she was talking about felony charges she said she wanted right away against off-duty chicago police officer anthony of ponte who was caught on surveillance video in february 2007 beating petit bartender care lena but kirby's testimony was contradicted by the very next person on the stand, sergeant joseph salic who confirmed that after watching the videotape in 2007 he was in the room when kirby told the state's attorney's office: from what we see it appears to be a simple battery simple battery is a misdemeanor not a felony which calls into question where the department was going with this case before it broke in the news. he was on the stand earlier today she and her attorneys say what they want to show is that the c p d in 2007 conspired to cover up this incident. they are trying to project the image of this partyprotect the image of this party. anthony was