Schoolcraft v. The City Of New York et al

Filing 147

DECLARATION of Suzanna Publicker in Support re: 135 MOTION to Quash Subpoena on Queens DA Richard Brown of Queens District Attorney Richard Brown.. Document filed by The City Of New York. (Publicker, Suzanna)

LINITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

--x
REPLY DECLARATION OF
SUZANNA PUBLICKER

ADRIAN SCHOOLCRAFT,
Plaintiff,

10-cv-600s (RV/s)

-against-

THE CITY OF NEV/ YORK, et al.,
Defendants.

X
SUZANNA PUBLICKER, an attorney duly admitted to practice in the Courts of New
York, declares, under penalty of perjury and pursuant to 28 U.S.C. ç 1746, that the following
statements are true:

L

I

am an Assistant Corporation Counsel in the Offrce of Michael A. Cardozo,

Corporation Counsel of the City of New York, and the attorney representing Queens District
Attorney Richarcl Brown ("Queens DA") in this matter. As such, I am familiar with the facts and
cil.cumstances stated herein and submit this reply declaration to place the relevant documents in

the record in furlher support of the Queens DA's motion to quash plaintiff s subpoena and for a
protectil'e order. In support of the nrotion, the Queens DA submits the exhibits described below.

2.

Arurexed as Exhibit

"4"

is the Declaration of Assistant District Attorney James

Liander, dated April 4, 2013
Dated: New York, New York

April4,2013
MICHAEL A. CARDOZO
Corporation Counsel of the
City of New York
Attonrcyfor City Defendants and Non-Party
Queens District Attorney Richard Brown
100 Church Street, Room 3-200
New York, New York 10007
(2r2) 788-1103

lsl

By

Suzanna Publicker

Assistant Corporation Counsel
Special Federal Litigation Division

co

Nathaniel Smith (By ECF & First-Class Mail)
Richarcl Gilbert (By ECF)
Peter J. Gleason (By ECF)
Attorneys þr Plaintiff
Gregory John Radomisli (By ECF & First-Class Mail)
MRRrn Clee,RwRrER & BELL LLP
Attorneys /br Jømaica Ilospital Medical Center

Brian Lee (By ECF & First-Class Mail)
IVONE, DEVINE & JENSE},I, LLP
Attorneys for Dr. Isak Isakov
Bruce M. Brady (By ECF & First-Class Mail)
CALLAN, KOSTER, BRADY & BRENNAN, LLP
Attorneys for Lillian Aldana- Bernier

Walter Aoysius Kretz, Jr. (By ECF & First-Class Mail)
SEIFF KRETZ & ABERCROMBIE
A,ttorney for Defendant Mauriello

EXI{IBIT A

I.JNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

x
DECLARATION OF JAMES
LIAÌ{DER IN SIJPPORT OF
NON.PARTY DA RICHARI)
BROWN'S MOTION TO
QUASH

ADRIAI.¡ SCHOOLCRAFT,
Plaintitr,
-against:

CITY OF NEW YORK, ET AL.,

l0

cv

600s

(Rws)

Defendants.

x

JAMES LIANDER, declares pursuant to 28 U.S.C. 1746, r¡nder petralty of
perjr¡ry, that the following is tn¡e and conect:

l. I am an Assistant Distict Attorney in the Queens County Distict Attorncys
Oftice. As

such,

I am familiar with the facts stated below

and submit this declaration in fr¡rther

support of non-party Disfict Attorney Richard Brown's (hereinafter "DA Brown") motion to
quash and for a protective order.

Z. On or about March l,
counsel

2013, my office ¡pceíved a subpoena from plaintiffs

in this casc sceking: the deposition testimony of Queens Distict Attorney

Richard

Brown on March 18, 2013 and "[a]lt documents pertaining to the investigation of criminal
behavior concerning the entry into and ¡emoval of Adrian Schoolcraft from his home on October

31, 2009, as reflected in the attached Statement by District Attorney Richard A. Brown, dated
December 4,2012".

3. In Novcmber of 2009, I was the Bureau Chief of the Integrity

Bueau. In that

capacity, I oversaw investigations into comrption, briberies, attorney misconduct and crimes a¡rd
misconduct by public employees, including the NYPD.

ii

4.

In November of 2d09, this ofüce received a complaint fiom plaintitr Adrian

Schoolcrafr's father, Larry Schoolcraft, about an October 31,2009 incident involving his son and

ihe New York City Police Departnent ("NYPD'¡.

It

was alleged that offrcers unlawñrlly

removed his son (who was a police officer at the time) from his home and took him to Jamaica

Hospital against his will where he was comrnitted to the psychiatric ward.

5.

In January of 201l, this ofñcc initiated an investigation into potential criminality

by NYPD ofñcers who were pres€nt during the October 31, 2009 incident. I was in charge ofthe

investigation. Assistant District Attorney Michelle Cort was also assigned to the investigation.

6.

From January

20ll to August 2012, this offtce conducted

numeror¡s interviews,

including Attrian Schoolcraft. DA Brown was not prçs€nt at any of these interviews.

7. Periodically, I wouid update DA Brown about the status of my investigation.
These updates vrere presented at staff meetings at which other mcmben

of his Executive staff

were also in attendance. These meçtings wcrt not limited to the Schoolcraft investigation.

8.

At thc staff meetings, I would periodically distribute internal memoranda to DA

Brown and members of the Executive staff about the progress of the investigation.

g. At no time did i ."r,

speak alone with

DA Brown about thc Schoolcraft

investigation.
,

t,,'

1

10, In August oî2012,1concluded the oftice's investigation into the October 31,
2009 incident involving Schoolcraft. I recommended that no criminal charges be brought against
any NYPD offtcers

involved.

I

I

.,

ll.ln

connçction with that decision, a pr€ss ¡please was prepared for DA Brown

regarding the Schoolcraft investigation by our Communications Division.

I rcvie ed the press

releasc for its accuracy.
12.

DA Brown did not conduct any portion of'the investigation into thc October

31,

2009 matter involving Schoolcraft nor did he ¡pcommend that the investigation follow any
particular counte.
Dated: New York, New York

April4,2013

å

By

Distict Attorney

J