Schoolcraft v. The City Of New York et al
Filing
181
MEMORANDUM OF LAW in Support. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit Village Voice Article, # 2 Exhibit Trial Testimony)(Smith, Nathaniel)
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Case 1:08-cv-01034-SAS-HBP Document 298
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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Filed 05/30/13 Page 1 of 177
DAVID FLOYD, et al.,
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Plaintiffs,
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v.
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CITY OF NEW YORK, et al.,
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08 CV 1034(SAS)
Defendants.
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New York, N.Y.
April 2, 2013
10:09 a.m.
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Before:
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HON. SHIRA A. SCHEINDLIN,
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District Judge
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APPEARANCES
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BELDOCK LEVINE & HOFFMAN, LLP
Attorneys for Plaintiffs
BY: JENN ROLNICK BORCHETTA
JONATHAN MOORE
COVINGTON & BURLING, LLP
Attorneys for Plaintiffs
BY: KASEY MARTINI
GRETCHEN HOFF VARNER
ERIC HELLERMAN
BRUCE COREY
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CENTER FOR CONSTITUTIONAL RIGHTS
Attorneys for Plaintiffs
BY: DARIUS CHARNEY
SUNITA PATEL
BAHER AZMY
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SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
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have a witness, although I don't know if your Honor wants to
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start the witness now.
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THE COURT:
Let's take the witness.
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MR. MOORE:
The plaintiffs would call Steve Mauriello.
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STEVEN MAURIELLO,
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called as a witness by the plaintiffs,
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having been duly sworn, testified as follows:
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THE COURT:
State your first name and last name,
spelling both of the names for the record.
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THE WITNESS:
My name is Steven Mauriello,
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S-T-E-V-E-N, M-A-U-R-I-E-L-L-O.
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DIRECT EXAMINATION
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BY MR. MOORE:
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Q.
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York City Police Department?
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A.
Yes, I am.
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Q.
How long have you been in the NYPD?
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A.
24 years.
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Q.
You rose from the rank of a patrol officer to now a deputy
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inspector, is that correct?
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A.
Yes.
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Q.
What is your current position?
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A.
Deputy inspector.
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Borough Bronx and Queens.
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Q.
Good morning, Mr. Mauriello.
You're employed by the New
I am executive officer of Transit
What position did you hold right before you became the
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
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Mauriello - direct
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executive officer of the transit borough of Bronx and Queens?
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A.
I was the commanding officer of the 81st Precinct.
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Q.
Is it accurate that you became the commanding officer of
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the 81st Precinct in December 2007?
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A.
Yes, it is.
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Q.
Before that you spent a year as the executive officer of
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the 81st Precinct, correct?
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A.
Yes.
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Q.
Who was the CO when you were the executive officer?
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A.
Deputy Inspector Robert Brower.
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Q.
The 81st Precinct is in the patrol borough Brooklyn North,
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correct?
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A.
Yes.
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Q.
As the commanding officer of the 81st Precinct, you
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reported directly to Deputy Chief Marino, correct?
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A.
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commanding officer, and also Chief Marino, who is the executive
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officer.
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Q.
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borough Brooklyn North?
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A.
Yes.
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Q.
And Chief Nelson is a two star chief, he was the borough
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commander for Brooklyn North?
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A.
Yes.
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Q.
You're aware, are you not, that an allegation was made
I reported directly to Chief Gerald Nelson, who is the
Deputy Chief Marino was the executive officer of patrol
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
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against you during your tenure at the 81st Precinct that quotas
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were maintained in the 81st Precinct?
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allegation, correct?
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A.
The allegation, yes.
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Q.
You deny that allegation, is that correct?
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A.
Of course.
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Q.
But you know that that allegation was made against you,
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correct?
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A.
Yes.
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Q.
At some point, you were investigated by the NYPD about
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these allegations, were you not?
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A.
Yes.
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Q.
Subsequent to that -- well, let me ask you.
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You're aware of that
At some point you transferred from the 81st Precinct
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to your new position as the executive officer of transit
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borough Brooklyn and Queens, correct?
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A.
Bronx and Queens.
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Q.
Bronx and Queens.
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I'm sorry.
That was on July 3, 2010 when that was communicated to
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you?
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A.
Yes.
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Q.
That was told to you by Chief Hall, correct?
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A.
Yes.
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Q.
Chief Hall is the chief of patrol for the entire New York
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City Police Department, correct?
He called me up.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
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A.
Yes.
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Q.
When he talked to you on July 3, 2010, this was after
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allegations had been made against you, correct?
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A.
Yes.
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Q.
When he talked to you, he said you were doing a really good
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job at the 81st Precinct, right?
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A.
Yes, he did.
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Q.
In fact, he wanted to reward you by giving you the position
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of executive officer of transit borough Bronx and Queens,
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correct?
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A.
Yes.
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Q.
And you considered that a promotion, right?
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A.
I considered it a transfer.
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Q.
You considered it a promotion as well, right, in the sense
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you're going to a more important position than what you were
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in, correct?
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A.
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officers.
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Q.
No.
I mean, I am going to be second commander to more
So that's a step up for you, correct?
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THE COURT:
Did you view it that way?
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THE WITNESS:
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THE COURT:
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THE WITNESS:
No.
You thought it was lateral?
Yes.
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Q.
Did you view it as a demotion?
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A.
No.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
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Q.
Now, you're familiar with the Office of the Chief of
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Department, correct?
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A.
Yes, sir.
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Q.
You're aware, are you not, that the Office of the Chief of
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Department investigates some civilian complaints that are
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referred to them either by CCRB or other agencies within the
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police department, correct?
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A.
Yes, sir.
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Q.
Some of those allegations -- withdraw that.
Allegations of an improper stop and frisk are
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investigated occasionally by the Office of the Chief of
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Department, correct?
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A.
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do with force or abuse or discourtesy or offensive language.
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Then it goes to the chief of department.
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Q.
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don't recall the Office of the Chief of Department
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investigating allegations of improper stop and frisk?
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A.
I don't recall reviewing any.
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Q.
But you do know that when the Office of the Chief of
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Department is investigating a case, that they refer the case to
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the precinct where the allegation took place, correct?
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A.
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to the precinct.
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Q.
Usually it's if someone got a summons.
It doesn't have to
What about stop and frisk, is it your testimony that you
They refer it to the borough, and then the borough sends it
So when you were the commanding officer of the 81st
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
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Precinct, investigations of officers by the Office of the Chief
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of Department at some point came across your desk, correct?
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A.
Yes.
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Q.
And you would refer those out within the precinct for
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investigation, correct?
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A.
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and then he would give it to the ICO, or if it's an allegation
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against a lieutenant, my XO would do the investigation.
They would get referred to my administrative lieutenant,
MR. MOORE:
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One second, your Honor.
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Q.
When you say ICO, you're referring to a position known as
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the integrity control officer, correct?
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A.
Yes.
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Q.
What does the integrity control officer of a precinct do?
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A.
He is making sure all the officers are following the rules
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and regulations.
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Q.
Of the New York City Police Department, correct?
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A.
Of the New York City Police Department.
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Q.
As well as being ethical in how they are police officers,
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correct?
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A.
Of course.
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Q.
Occasionally, the ICO would farm those investigations out
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to sergeants as well?
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A.
Yes.
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Q.
So it wouldn't be uncommon for a sergeant who supervised an
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officer to be asked to investigate an allegation against that
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
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