Schoolcraft v. The City Of New York et al

Filing 225

DECLARATION of Suzanna Publicker Mettham in Support re: 223 MOTION to Compel Graham Rayman to Produce Documents.. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Thomas Hanley(Tax Id. 879761, in his Official Capacity), Thomas Hanley(Tax Id. 879761, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Robert W. O'Hare(Tax Id. 916960, Individually), Robert W. O'Hare(Tax Id. 916960, in his Official Capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), Timothy Trainer(Tax Id. 899922, in his Official Capacity), Timothy Trainer(Tax Id. 899922, Individually), Richard Wall, Sondra Wilson(Shield No. 5172, in her Official Capacity), Sondra Wilson(Shield No. 5172, Individually). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O)(Mettham, Suzanna)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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ADRIAN SCHOOLCRAFT,
Plaintiff,

DECLARATION OF
SUZANNA
PUBLICKER METTHAM

-against-

10-CV-6005 (RWS)

THE CITY OF NEW YORK, et al.,
Defendants.

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SUZANNA PUBLICKER METTHAM, an attorney duly admitted to practice in
the State of New York, declares under penalty of perjury and pursuant to 28 U.S.C. § 1746, that
the following statements are true:
1.

I am an Assistant Corporation Counsel in the Office of Zachary W. Carter,

Corporation Counsel of the City of New York, attorney for defendant City of New York, in the
above captioned case.
2.

This declaration is submitted in support of City Defendants’ motion to compel the

production of documents from Graham Rayman. I am familiar with the facts and circumstances
stated herein based upon personal knowledge, the books and records of the City of New York, and
conversations with its agents and employees.
3.

Annexed hereto as Exhibit “A” is a copy of the subpoena for records dated

December 3, 2013, seeking records in the possession of Graham Rayman which were provided to
Mr. Rayman by either plaintiff or plaintiff’s father. The return date for the subpoena was dated
December 20, 2013.

4.

Annexed hereto as Exhibit “B” is an affidavit from Robert Moore confirming that the

subpoena annexed hereto as Exhibit “A” was personally served on Mr. Rayman on December 7,
2013.
5.

Annexed hereto as Exhibit “C” are Mr. Rayman’s written objections to the subpoena

annexed hereto as Exhibit “A,” dated January 24, 2014. There were no documents or privilege
logs produced with Mr. Rayman’s objections.
6.

Annexed hereto as Exhibit “D” are the portions of plaintiff’s deposition on October

11, 2012 wherein City Defendants inquired about whether plaintiff had created any written
accounts of this incident, and plaintiff denied having done so.
7.

Annexed hereto as Exhibit “E” are relevant pages from Graham Rayman’s book

entitled The NYPD Tapes:
A. On page 41 and 44 of The NYPD Tapes, Mr. Rayman indicates that plaintiff wrote
two memoranda regarding NYPD misconduct to former 81st Precinct Commanding
Officer Deputy Inspector Robert Brower in 2006 and 2007.
B. On page 94 of The NYPD Tapes, a August 17, 2009 recording made by Adrian
Schoolcraft is mentioned which allegedly captured “a woman [who] walked into
the station house to report that her cell phone had been stolen” and subsequent
interactions with defendant D.I. Steven Mauriello.
C. On page 96 of The NYPD Tapes, a September 12, 2009 recording made by Adrian
Schoolcraft of a “downgrading incident” is mentioned.

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D. On page 141, Mr. Rayman indicates that plaintiffs provided him with a “ten-page
single-spaced account Schoolcraft himself wrote,” in which Schoolcraft discussed a
“record of the next six days,” referring to Adrian Schoolcraft's confinement to
Jamaica Hospital Medical Center on or about October 31, 2009 through November
6, 2009.
E. On pages 155 and 169, Mr. Rayman states that plaintiff sent emails to reporters
such as Len Levitt and Graham Rayman that “detailed the sequence of the previous
two months,” (sent in November 2009) and including such statements by plaintiff
as “Pay me or fire me… I’m never quitting… Never!’”
F. On pages 168-169 of The NYPD Tapes, Mr. Rayman described a February 22,
2010 recording of a meeting between Adrian Schoolcraft, Councilman Peter
Vallone, retired Lieutenant Anthony Miranda, and “another retired cop” which was
provided by Adrian Schoolcraft to Graham Rayman in which Adrian Schoolcraft
states “I'll probably be able to be a big help to Mr. Vallone in my civil suit in
acquiring court orders. So perhaps that can be of help.”
G. On page 170 of The NYPD Tapes, Mr. Rayman quotes plaintiff as stating that
plaintiff made (and was in possession of) “about 1,000 hours […of recordings…]
Roll calls, patrol, the locker room, stuff in the station house.”
H. On page 240 of The NYPD Tapes, Mr. Rayman refers to a letter that Adrian
Schoolcraft sent in order to fire prior counsel, which seems to have been later sent
by plaintiff to journalists Mr. Levitt and Mr. Rayman.

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8.

Annexed hereto as Exhibit “F” is a copy of a request dated September 17, 2013 from

City Defendants to plaintiff seeking documents, including but not limited to:
A. The ten page letter referenced in Exhibit “E.”
B. Any recordings not previously produced by plaintiff in this matter, including those
mentioned in Exhibit “E.”
C. The emails sent by plaintiff to reporters referenced in Exhibit “E.”
D. The 1,000 hours of recordings references in Exhibit “E.”
9.

Annexed hereto as Exhibit “G” is a copy of plaintiff’s response to City Defendants’

September 17, 2013 letter, dated October 23, 2013, which stated that “[Adrian Schoolcraft] also
has looked for [the ten-page account] in his files and has not been able to locate it,” that plaintiff
“does not have access to his old email communications with the press that he was examined about
at his deposition,” and that plaintiff’s counsel was “not aware of any relevant recordings by the
plaintiff that are being withheld.”
10. Annexed hereto as Exhibit “H” is a motion by City Defendants dated March 1, 2013,
seeking all emails sent to and from Adrian Schoolcraft and journalists.
11. Annexed hereto as Exhibit “I” is a copy of the May 28, 2013 Order to Show Cause by
City Defendants regarding plaintiff’s failure to comply with the Court’s Order of April 10, 2013
as a result of the motion referenced in Exhibit “H.”
12. Annexed hereto as Exhibit “J” is a letter from plaintiff dated June 4, 2013,
representing to the Court that plaintiff had “several times reviewed the file and discussed this
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request with the Plaintiff, and other than the news stories that have already been produced in this
case and an audio tape of an interview with NPR, which I understand was previously produced,
the Plaintiff does not have any statements about the case that he made to the media.”
13. Annexed hereto as Exhibit “K” is a copy of the transcript of the Court conference
dated January 15, 2014 at which the Court compelled plaintiff to:
A. Produce any memoranda regarding misconduct in the 81st Precinct in his
possession by January 22, 2014.
B. Sit for a deposition to determine whether he provided a copy of a letter written by
plaintiff to prior counsel was given to any third parties.
14. Annexed hereto as Exhibit “L” is a letter dated January 30, 2014, which included a
Notice of Deposition for February 19, 2014 and offered plaintiff the ability to avoid the deposition
if he agreed to sign an affidavit indicating that he did not provide the document to any third
parties.
15. Annexed hereto as Exhibit “M” is a copy of the subpoena issued to Larry Schoolcraft
on November 21, 2013.
16. Annexed hereto as Exhibit “N” is a copy of the Order by Honorable Judge Peebles in
the Northern District of New York requiring Larry Schoolcraft to appear for a deposition and
produce the subpoenaed documents on December 11, 2013.
17. Annexed hereto as Exhibit “O” are relevant pages from Mr. Larry Schoolcraft’s
deposition on December 11, 2013, wherein Mr. Larry Schoolcraft admitted that he had not

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brought any documents responsive to the subpoena annexed as Exhibit "N", Pages are additionally
included which indicate that Mr. Lany Schoolcraft was offered money by Mr, Rayman to include
material inThe NYPD Tøpes.

Dated: New York, New York
March 14,2014

ZAC}TARY W. CARTER
Corporation Counsel of the
City of New York
Attorney for City Defendants
100 Church Street, Room 3-200
New York, New York 10007
(2r2) 356-2372
ts),

icker Mettham
Assistant Corporation Counsel
Special Federal Litigation Division

TO

David S. Korzenik (BY HAND DELIVERY)
Miller Korzenik Sommers LLP
Attorney for Graham Rayman
488 Madison Avenue
New York, NY 10022
Nathaniel Smith (By ECF)
Attorne.y.þr Plaintiff
I I I Broadway, Suite 1305
New York, New York 10006
Gregory John Radomisli (By ECF)
MRRrrn ClpnRwRIER & Bpll LLP
Attorneys for Jamaica Hospilal Medical Center
220 East 42nd Street l3th Floor
New York, NY 10017
Brian Lee (By ECF)
IVONE, DEVINE & JENSEN, LLP
Attorneys for Dr. Isak Isakov
2001 Marcus Avenue, Suite Nl00
Lake Success, New York I 1042
6

Bruce M. Brady (By ECF)
CALLAN, KOSTER, BRADY & BRENNAN, LLP
Attorneys for Lillian Aldana-Bernier
1 Whitehall Street
New York, New York 10004
Walter A. Kretz , Jr. (By ECF)
SCOPPETTA SEIFF KRETZ & ABERCROMBIE
Attorney for Defendant Mauriello
444 Madison Avenue, 30th Floor
New York, NY 10022

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Docket No 10-CV-6005 (RWS)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
ADRIAN SCHOOLCRAFT,
Plaintiff,
-againstTHE CITY OF NEW YORK, et al.,
Defendants.

DECLARATION OF
SUZANNA PUBLICKER METTHAM

ZACHARY W. CARTER
Corporation Counsel of the City of New York
Attorney for City Defendants
100 Church Street, Room 3-200
New York, New York 10007
Of Counsel: Suzanna Publicker Mettham
Tel: [phone]

Due and timely service is hereby admitted.
New York, N.Y......................................................., 2014
.................................................................................. Esq.
Attorney for.......................................................................