Schoolcraft v. The City Of New York et al

Filing 298

DECLARATION of Suzanna P. Mettham in Support re: 297 MOTION for Summary Judgment .. 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), The City Of New York, 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, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE, # 32 Exhibit FF, # 33 Exhibit GG, # 34 Exhibit HH, # 35 Exhibit II, # 36 Exhibit JJ, # 37 Exhibit KK, # 38 Exhibit LL, # 39 Exhibit MM, # 40 Exhibit NN, # 41 Exhibit OO, # 42 Exhibit PP, # 43 Exhibit QQ, # 44 Exhibit RR)(Shaffer, Ryan)

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) I 270 t_ 2 TINTTED STATES DISTRTCT COURT SOUTHERN DISTRTCT OF NEW YORK 3 ADRTAN SCHOOLCRAFT, 4 PLATNTTFF, 5 - against * 6 7 I 9 r_0 l,L L2 r_3 L4 t_5 L6 L7 r-8 L9 20 2t 22 23 24 25 Case No: r_0cv6005 (I/rIs) THE C]TY OF NEW YORK, DEPUTY CHTEF MICHAEIJ MJ\RINO, Tax Td. 873220, Individually and in his Official Capacity, ASSISTAIIT eHIEF PATROL BOROUGH BROOKLYN NORTH GERAI,D Tax ID. 912370, Indívidually and in his Official CapacÍty, DEPUTY INSPECTOR STEVEN MAURTEIJLO, Tax ID . I9511-7 , Individually and in his Official Capacity, CAPTAIN THEORDORE I,AUTERBORN, Tax ïD. 897840, Individually an din hie Official Capacity, LIEUTENA¡üT ,TOSEPH GOUGH, Tax IÐ. 9L91,24, rndividualLy and ín his Official Capacit,y, SGT. FREDERICK SAVüYER, Shield No. 2576, Individually and in his OfficÍaI Capacity, SERGEAI{T KURT DUNCA}I, Shield NO. 2483, Individually and ín his Official Capacity, LIEUTENA¡IT CHRTSTOPHER BROSCHART, Tax ID. 915354, Individually and in his Official Capacity, LT. TIMOTHY CAUGHEY, Tax IÐ. No. 885374, Individually and Ín his Of f icial Capacity SERGEAIIT SHANTEL ,JAME$, ShieId No. 3004, Individually and in her Offícial Capacity, SERGEA¡IT RICHARD WALÏ,, Shield No. 3099,-Individually and in his OffÍcial Capacity, SERGEAÀTT ROBERT W. O'HARE, Tax ID. 9l-6960, Individually and in NELSON, his Official Capacity, SERGEAIVT SONÐRA Shield No . 5L"72 | Indívidually and in her Official Capacity, LIEUTENADUT THOMAS HALEY, Tax fD. 87976L, Tndividually and in his Official Capacity, CAPTAIN TIMOTHY' TRJ\INOR, Tax ID. 899922, Individually and in her OffÍcial Capacity, and P.O.'s 'TJOHN DOErr #1--50. Individually and in their Official CapacÍEy (the name ,lohn Doe being fictit,ious, âe the true names are presenÈly unknown) (collectively referred to as "City DCf endanLg,') , FDNY LTEI.TTENA}i:T ELTSE HANLON, WII,SON, DTAMOND REPORTTNG (718) 624-7200 270 inf oedi amondreport ing . com 27L 1 2 3 4 5 6 7 Individually and in her Official Capacity as a Lieuteñant with the New York City Fire Department, ürAtvll\ICA HOSPITAL MEDICAI, CEÑTER, DR. ISAK TSAKOV, rndividually and in his OfficÍal CapacÍt,y, DR. LILIAI{ ALDAT\TA-BERNIER, f ndividually and ín hi s Official Capacity and ü'Alvü\ICA HOSPITAL MEDICAIJ CENTER EMPLOYEE'S "JOHN DOE'| #1-50, Individually and in their OffÍcÍal CapacÍty (the name .Tõhn Doe being fictitious, âe the true names are presently I I unknown) DEFENDAI\ÏT. September 10 ÐATE: l_1 27, x 2013 TIME: 10¡L2 a.m. L2 1_3 L4 15 r.6 l7 18 L9 20 2L 22 Of ThE Plaineif f , ADRIAT\T SCHOOLCRi\FT, taken by the Respective Part,ies, pursuant to a Court Order and to the Federal Rules of Civil Procedure, held at the offices of Callan, Koster, Brady 6. Brennan, LLP, One Whitehall Street, New York, New York L0004, before Pamela Ortalano, a Notary PublÍc of Ehe State of New York. CONTTNUED DEPOSTTTON 23 24 25 DTAMONÐ REPORTTNG (7L8) CZ{-72A0 27L inf oodiamondreporLing . com 272 l_ 2 A P P E A R A N C E S: 3 4 5 NATHANIEL SMITH, ESQ. Attorney for the Plaintiff AÐR]AN SCHOOLCR.AFT l- L Broadway New York, New York L0006 1- 6 BY¡ NATHANIEL SMTTH, ESQ. 7 I 9 ,JOHN LENOIR, ESQ . Attorneys for the Plaint,iff 829 Third SLreet, NE AÐRTA}.{ SCHOOLCR.AFT l-0 l-1 WashÍngEon, DC 20002 BY: 'JOHN LENOIR, ESQ. L2 1,3 L4 l-5 L6 L7 A. CARDOZO, ESQ. CORPORATTON COI,INSEL NEW YORK CITY LAW DEPARTMENT MICHAEL Attorneys for the Ðefendant THE C]TY OF NEW YORK L00 Church Street New BY: York, New York 1"0007 SUZA}ÍNA PUBLTCKER METTHAM, ESQ File #20L0-033074 L8 L9 20 2T SCOPPETTA SETFF KRETZ BY : !{ALTER A. KRETZ ¿¿ 23 & ABERCROMBIE AEtorneys for the Ðefendant STEVEN MAURTELLO 444 Madíson Avenue, 3Oth Floor New York, New York ]-0CI22 ¡ lTR . , ESQ , (Appearances conLÍnued on next page. ) 24 25 DIAMOND REPORTTNG (718) øZ+-7200 272 inf oodi amondreport íng . com 273 L 2 A P P E A R A N C E: (Continued) 3 4 MART]N, CLEARWATER & BELI,, LLP At,torneyË for the Defendant 5 JA¡Vil\TCA HOSPTTAL MEDTCAL CENTER 6 New York, New 7 File #: 220 East, 42nd BY: Street, York 1- 0 13Lh Floor 0l- 7 GREGORY 'J. R.ADOMISLI 667 -821"53 ' ESQ. I 9 L0 LL t2 TVONE , DEVINE & LLP 'JENSEN, Attorneys for the Defendant DR. ISAK TSAKOV 2001- Marcus Avenue, Suite N100 Lake Success, New York LL042 : BRIAIü E. LEE, ESQ, BY L3 1-4 L5 L6 L7 L8 t9 Cå,LI,AN KOSTER BR.ADY & BRENNA}ü, Attorneys for the Defendant L T LLP LL I.AIiI ALDA}üA - BERNT ER One Whitehall" St,reet New York, New York 10004 BY: BRUCE M. BRADY, ESQ. - andMEREDTTH BORG, ESQ. File #: 090.155440 20 2L ALSO PRESENT; 22 MAGÐALENA BAUZA 23 24 * * * 25 DTAMOND REPORTING (718) eZq-1200 273 inf oodi amondreporl i ng . com 290 A. 1 SEHOOLCRAFT 3 don't recall. WelI, do You recall any reason 0. 4 why you might have 2 Put them on a disk? MR. SMITH: Obj ectÍon Lo Ehe 5 form. 6 L2 before October 31, 2CI09? MR. SMITH: Same obj ect'ion. The only reason I could think A. of is to preserve it, O. Well, did you preserve any of them and make any disks before October 31, L3 2049? 7 I I 10 1L O. It's possible. I'm not asking you íf itrs Did you or did you not do it? If T have in my possession l7 A. O. possible. A. t-8 disks conLaining audio recordings relevant L9 22 t,o this case, I would have gÍven them !o my attorney. O. Other than your attorneY, did you also gíve copíes of those recordíngs to 23 Ehe L4 15 t6 20 2T 24 25 reporter at the Village Voice? I believe so, yes. A. O. When did you fÍrst, have any DIAMOND REPORTTNG (718) 624-72Q0 290 i nf o@diamondreport ing . com 29L A, L SCHOOI,CRAFT 5 contact hrit,h the report,er from t,he Village Voice, Mr. Rayman? I would say earlY 2010' A. A. Did you reach out t,o him or did 6 he reach out to 2 3 4 I 9 10 LL L2 2t 22 23 24 25 the first, rePorter I Had you been contacted A. by any other reporters prior to that? A. O. 18 20 He was contacted, correct. t7 l_9 dÍd you conLact himl Eit,her by phone or e-maíl. lVas he the f ÍrsL reporter that A. 15 T6 How you cont,acËed in connect,ion with this matler? L3 t4 I believe I contacted him. A. O. A. O. 7 you? Mr. Prior t,cr Your reaching out to Rayman? Did I contact them t et dÍd I have contact with the reporters? Q. No. You said that he was t,he A. first one you contacted, A. Correct . My guestíon was, did any other A. DTAMOND REPORTTNG (718) AZa-7200 291 ínf oodi amondreporling . com 292 l_ 2 A. SCHOOLCRj\FT reporter contact you before that? 5 A. 0. A. 6 Parascandola. 3 4 It that? was the Daily News, Rocco díd he cont,act you? My father contacted the Daily How 0 I . Vtho \das . A. 7 9 Yes News, and The New York Times, I belíeve. l-0 He contacted The New York TÍmes, t,he Daily 1l_ News and \2 possíbIy others after October 31, that night probably, October 31, 2009. 0. 13 L4 of them reached A. r_5 1,6 And at some point one out or more Eo you? The only one that, time h/as the Daily thal T recall at News. 20 after the events at, 'Jamaica Hospíta1 did the reporler from the Ðaíly News get in touch with you? A. I believe I saw him withín a 2L month. 1,7 l_8 L9 0. 0. 22 23 24 25 How soon And how did it, come abouE that, you saw or meL with him? A. He he came to ,Johnstown, York to my apartment. DTAMOND REPORTTNG (zre) øz+-7200 292 inf o@di New amondreporting . com 293 A. l_ 2 3 4 5 6 7 I I SCHOOLCR.A'FT Did your faLher meet with him 0. at the same Eime? Yes. A. O. How long was the meeting? A. Approximately a half hour. O. Did you ever sPeak or meet, with the same reporter again? 1L A. I have I've seen him, like, at the Court, buÍlding. O. I mean dÍrectly interact with l2 hím, l-0 l4 I report, or mean I rve seen him. No. No . I mean he 15 may have shook my hand. l-3 A. Regarding a this case wÍt,h him? To the best of my memory, once I7 O. A. 18 wírh him. r.6 MR. L9 t ime up 20 2t A. O. 23 25 SMITH in r And ..Tohnst,own that l^ras the . Right. Meeting him one on one. Right. DÍd you correspond with THE WITNESS: 22 24 Discussed him through e-mail? A, T belÍeve so, or by phone. DTAMOND REPORTTNG (zre) 6zq-7200 293 inf oodí amondrepor t, ing . com 31L A. SSHOOI,CRAFT L It 2 may have been a lit'tle t2 before. It may have been sPring. O. Sure. SPring, summer , ?ALQ , whenever it was, it wag operational, wasnrt, ir? A. rt hras, with notable problems. It was act,ing dÍf f erent. And when you got it up to a. .ïohnst,own, you made copies of t,he audÍo recordings t,o dísks up in .Johnst,own, right? A. I believe thatrs when I made 1,3 t,he copies. 3 4 5 6 7 I 9 L0 1L l4 L5 r-6 you made t,he copies to dÍsks up Ín ,.Tohnstown, you left the recordings on the computer, as well, right,? O. A, O. T7 r.8 19 20 When Say that again. When you made the copies of the recordings to disks up in JohnsLown, Yoü also left, the recordings on the comput,er? A, 2L I believe t,hey were copíes , if 22 t.hey were copies 23 O. Now, you said that you gave copies of the disks to your attorneys? A. I believe t,hat' s how they 24 25 DTAMOND REPORTTNG (?18) 624-7200 311 inf oodi amondreport ing . com 3L2 l2 3 4 5 A. SCHOOI,CRAFT I've seen the disks and they look like my disks. l,Iell, donrt you remember givÍng 0. copies of the recordings t,o your at,torneys? 11- No, but I can't imagine what A. else ie would have been. If it was somet,hing else, I don't recall it being anythÍng other than like a CD dísk. Other than CD' s, did you make 0. copies of t,he recordings to any other L2 media? 6 7 I 9 L0 A. O. L3 L4 15 L6 t7 1"8 L9 20 27 22 23 24 25 To t,he best of my memory, no. Did you give copÍes of t,he recordíngs to the reporter at the Village Voice, Mr, Rayman? I believe so, yes. And yourre aware that he wrote a series of articles called the NYPD Tapes? A. Yes. O. Did you give him copies of all of the recordings that you had? A. I don't know Íf I gave him all of the recordings. O. Going back to the period of DTAMO}üÐ REPORTTNG A. a. (718) AZq-7200 312 ínf oodiamondreport ing . com 31s A. L 2 O, 3 computer 4 e I'then did You start, using the at the library up in ,fohnsLov¡n for -mai 1s z A. 5 MR. SMITH: Obj ectíon t,o t'he 6 A. of the question. I would say it was around ear1Y O. Was f orrn 7 I I SCHOOI,CRAFT 20L0. 10 it before or after You had your computer from Queens up t'o 1,1. moved t2 .Tohnstown? L3 Before A. O. Ialhen you start,ed I 'm sorry. And af t,er. There A. was I didn't have internet O. Yes. My question was just when you first started using it. Okay. A. O. So, you first sLarLed using it t4 L5 L6 l7 L8 19 2A 2L 22 23 24 25 . , before you brought your computer from Queens üp, right? I belíeve so because of t,he A. contact, wÍth the reporLers. I believe t,here $/ag contact and communicatÍon and DIÃ.MOND REPORTING (7r"8 ) 624-7200 315 inf o@díamondreport ing . com 31" 6 2 A. SCHOOLCRAFT Erying to find attorneys, reaching out to 3 aEt,orneys. 1 MR. SMITH: 4 Mr. Schoolcraft, 5 you're here to provide your best 6 recollection. I¡le can all draw ínferences about what you may or may have not done based on Lhe circumst,ances, but t,he questions are asking for your recollection. If he want,s to know what might have happened, herll ask you Ehat. 7 I I L0 L1 t2 THE WITNESS: Thanks. L3 t5 you got your comput,er f rom Queens up to .Tohnstown, you dídn ' t, have 1,6 internet, for that comput,er, ís lhal what L7 you're saying? 'J,4 0 . When MR. SMITH: 1,8 I don't underst,and t,hat, question. 19 A. 23 To the best of my memoryr no, I dÍdn' t, have int,ernet. And t,hat's one of the príncipal a. reasons you were using the one at the 24 library? 25 A. 20 2L 22 DTAMOND REPORTING I believe so, (71-8) 624-7200 3 r"6 yes, inf o@di amondreport ing . com 3t7 A, 1 O. ¿ 3 4 5 6 7 I 9 L0 t1 t2 one at Tíme Warner? A. I belíeve so, Yes. 0. What was that e-mail address? A. To the best of mY memory, r thínk it would have been similar to my I always used my name in there eomewhere but I think it was HoE MaÍl it may have been Google, but r don't, recall the exact address . A. How long díd you use that e-rnaíl address? A, O. 15 l-6 L7 some Point You est'ablíshed another e-maíI accounL other Ehan the r.3 L4 At SCHOOLCR.AFT I think a couple And you don't years . remember the e-mail address? A. 18 It was sporadic . I dÍdn ' t 2t check my e-mail every day. O, V'IelI, you $¡ere corresponding wít,h report,ers through bhat e-maíI address; 22 correct? 23 A. 19 20 24 25 years Over a period of a couple . 0. ÐTAJVIOND REPORTING And you provided your e-mail (71,8 ) 624-7200 3]-7 inf o@di amondreport, i ng . com 321. A. l- SCHOOT,CRAFT 3 don't need to sign t,o Ehat. I don't recall purchasing 4 anyt,hing. 2 5 6 7 I 9 an Amazon account but, you So, are You teLling us t,hat t'he reason you changed your e-maíl address or opened your current e-mail address ís because you dídn't remember your password to your old e-mail address? A. A. O. l_0 Correct. L4 I got to touch on something that was covered a Iitt,le bit, yesterday but I just want to fill in some blanks, and that is the ten-page t1çewriLten account of 15 what, happened at, ,Jamaica Hospit,al Ll_ L2 13 MR. SMITH: Can we take 16 1-8 l-9 2o (Recess t,aken f rom LL : 08 2L 23 24 25 a shorü break bef ore hre j ump to the ner¡/ subject matter. MR. BRADY: Absolutely. Absolut,ely. t7 22 . a . m. to LIz24 a.m.) Yest,erday, Mr. Schoolcraf t, 0. there was an allusion t,o a ten-page account, of what happened at ,Jamaica Hospital whÍle ÐTAMONÐ REPORTTNG (718) øZ+-7200 32t inf oodiamondreportíng . com 322 A 1- 2 you l,\rere there, 3 SCHOOI,CRAFT Did you yourself, prepare t,hat, account? MR. 4 SMITH: Objection to the form. 5 You can answer. 6 13 A, I don't recall íf it, was specÍfically ten pages but I recall preparing an account of whaE, happened. Okay? 0. (Continuing) From T believe it A. starts at Halloween, the nÍght of October 31, 2009 on through to the hospital and L4 beÍng released, 7 I 9 L0 1,L L2 'Just, on page LAL of Rayman's book, I'11 just read one O. 1,5 L6 Mr. t7 sentence and ask you some questions about L8 it. L9 "OLher than a few hospital documents, there ís no independent, record of the next 20 six days except, for a ten-page, 2T single-spaced account Schoolcraft, himself 22 wrote 23 As f ar as you know, Í s t,hat referring to thÍs statement you drew up or you wrot,e up? 24 25 . ÐTAMOND REPORTING rl (7L8) 624-7200 322 inf oodí amondreporL Íng . com 323 A. l_ 2 3 4 5 6 7 I o 10 I believe so, but agaín, t'he A. one I'm thinking of Ít starts at Halloween Ehe night of October 3L, 2009. Sure. And covers the Period of 0. time that you $/ere at the hospítalt A. Correct, J\nd you gave a coPY of Ehat 0, document, to Mr. Rayman? MR. SMITH: Objection to the form. 1L t2 13 T4 15 T6 l7 l-8 19 20 2T SCHOOTCRJ\FT I donrt recalI giving him a A. copy. If I specifically gave it, to him I don't, know Íf my attorney may have, or but t,hat, sounds like he's referring t,o t,hat, document, . I wouldn' t, know of another one that he's referring to. Okay. Now, âs I underst,and it, 0. this is a document yor.r tlped up on lhe computer aL the l ibrary in ,,Tohnstown? A. fo the best of my memory, it 24 would have been around t,hat t.ime, and that, would have been the computer that I used. O. Can you be a litt,Ie more 25 precíse about ttaround that tímet'? 22 23 DIA]VIOND REPORTTNG (7L8) ø24-7200 323 inf oodiamondreport, Íng . com 324 A, SCHOOTCRAFT Well , yeah, that t,ime I L 3 A. recall using another comput,er. 4 t because t,hat document was created yearc¡ 2 don' The 1L ago. That was in the beginning, That wag whau I -That,'s what, I rm tryíng Lo focus A. in on. When did you prepare the document? I belíeve it, was prepared early A. 2000 early 2010. Q. And did you prepare Lhat L2 document around 5 6 7 I 9 L0 r-3 L4 Mr. Rayman Mr. Rayman? A. 15 the time t,hat, you spoke to or started dealing with No, I believe it was before L6 that,. l7 23 So, it wasn't, specifÍcally for his edificat,Íon? A. No. I belÍeve I gave the Daily News a copy, also, and thís \À/as what I used when I was interviewing attorneys or an attorney at Ehe time in order to noE leave anything out or f orget anythÍng of t,he 24 events. r.8 r_9 20 2t 22 25 O. And díd you prepare that a. DTAMOND REPORTTNG ( ZTA ) AZq-7200 324 inf oodi amondreporting . com 325 A. l_ 2 3 4 5 6 7 I 9 10 SCHOOT,CRAFT before you brought, your from Queens up to Johnstown? document, A. 0. comput,er I believe so. you say you used ir ín the process of interviewing an attorney, who are you referring t,o? A. To Lhe best of my memory, the fÍrst attorney I talked to was I believe he was running for comptroller at the time. V'lhen L9 I cantt remember his name. He was running for elected position in the city at, the t,Íme, or it was just at. that, elect,ion that week. I can't grab the name right now. I believe he was running for eÍther public advocate or comp ro, I t,hink public advocat,e was DiBlasío, or they v/ere running against each other. He may have been running for publish advocate or 20 compLroller. 2L ülhen was Ít that you had an 0. interaction with that person? I believe ít was withín t,he A. week after T was released. So, at what point did you use 0, LL L2 L3 L4 L5 L6 L7 18 22 23 24 25 DTAMO}ÍD REPORTING (718) eZ+-7200 325 inf oodi amondreport ing . com 326 A. L SCHOOT,CR.AFT 2 lhe ten-page document 3 int,erviewing in connection with him? L0 Well, I think Ít was after that I ínt,erview Lhat T realized I needed to needed t,o have some kind of an order or a way t,o del íver everyt,hing t,hat, happened more effÍciently. O. lrlas one of the purposes of preparing that document to put down your 1"1 recollect,ions when they were freshest? 4 5 6 7 I I A. A. O. t2 Correct, . T4 So, you would have a compleEe account according to your best memory, 15 right? 13 MR. SMITH: Obj ection L6 t7 t,he form. A. I believe t,hatrs a. L8 19 to Did you Lry and make it, why I created ír, 20 as 2L complet,e as possible? 22 to form. A. T believe I attempted to make it as complete as possible, with t,he knowledge t.hat I knew at t,hat time. 23 24 25 DÏAMOND REPORTTNG MR. SMITH: Objection (71-8 ) ø24-7200 326 í nf oodi amondreport, ing . com 327 A. t SCHOOI¡CR.AFT The att,orney 2 O. 3 that conuacLed, the You 10 fÍrst, aLtorney you contacted, whatever his name Ís, Ehis was somet,ime in November of 2009? I believe so. Correct. A. Are you saying that it was 0. during the course of thaE Ínleraction that led you to realize you should write somet,hing down and f uIIy document the l_L evenLs? 4 ; 7 I 9 A. O. L2 L3 In more yes When did you sit . down and do 74 that? L5 23 I! would have been someLíme A. wÍthin approximately a couple months aft,er t.hat, or a month, Q. So, sometime in maybe December or ,-Tanuary? ThaE's possible. A. O. Itm not asking what's possible. rtm asking for your best recollection. A. To the best of my memory, ít 24 was approxímaEely around t,hat, tíme. r-6 L7 r-8 l-9 20 2L 22 25 O D]AIVIOND REPORTING , So you typed t,hÍ e up on t,he (718) øZe-7200 327 inf oodí amondreport ing . cCIm 328 1 2 3 4 5 6 7 I I L0 11_ 1,2 13 L4 15 r.6 T7 1,8 L9 2Q 2L 22 A. SCHOOICRAFT compuuer in the IÍbrary, right? A. To the besL of my memory, yes, O. Were you able Eo save a copy of it cn lhe library computer? A. I don't believe you are, A. lrlere you able to save a copy of it, on a removable media on the lÍbrary computer, like a flash dríve? A. I believe I believe you can save it to a disk, and agaín, I don't recall having a flash drive at that, t,ime. I may have been usÍng a dÍsk. And you saved it Lo a disk? a. A. I believe so. O. Did you provÍde a copy of that, statement, to this aLtorney you had spoken to in November? MR. SMITH; Obj ect,ion to the form, I don'L undersland that, guestion. He juet said that weII, go ahead, I don't understand the quesLion. 23 24 2s A. I d,on't recall if I eventually did or not,, We vre I had contacted DTAMOND REPORTTNG (7L8) AZe-7200 328 inf o@di amondreport, ing . com 329 5 A. SCHOOLCR.AFT hÍm wÍt.h a f ew guestÍons. He appeared he sounded annoyed, frankly, and I became aware that ï i4las I felt lÍke I r¡/as being led on into believing lhaf he was going 6 Lo L 2 3 4 r_6 s not geL into your discussÍons with this aLtorney who you were reaching out for. O. Yes. rtrs just did you give him a copy of the etatement? A. I don'L beIíeve so. Díd you, or somebody on your 0. behalf , gíve a copy of Èhe stat,emenL t,o Mr. Rayman? A. If ít uras, Ít. would have been L7 my attorney. 7 I 9 r"0 1L T2 r-3 L4 15 MR. SMTTII: Let 0. r_8 L9 2L 23 24 25 You dÍd give a copy of that st,at,ement, t,o some aLLorney, right,? 20 22 ' A. O. A. Yes . Who did you give it I believe Eo? attorneys at the time, John NorÍnsbêrg, had a copy because we used Èhat to create L,he ComplaÍnt. Did you give a copy of the 0. DTA}4ONÐ REPORTTNG my (718) AZa-7200 329 Ínf o@dÍamondreport ing . com 330 A. L 2 3 SCHOOLCRAFT statement to anyone else? Ríght, after the fírst attorneY, A. L6 partners. It will be simple enough t,o f ind ou! t,heir name but I donrt remember theír names, I believe t,hat t,hat, was ready by t,hen. I belíeve I had it then and t,hat, was a belter delivery that time, a bett.er int,erview with an attorney, because of thaL document and what, I was trying t,o convey to those att,orneys O. Who are you referrÍng? Mosely & 'Jackson. It just, came A. Eo me. I believe their offíce ís Ín the Empire St,ate Bui lding , to Che best of my memory, oî ít, could have been the Chrysler T7 Bui 4 5 6 7 I I r.0 1L L2 r.3 L4 15 L8 1-9 20 2L 22 23 24 25 it h¡as two . lding 0. . Was t,hat bef ore you encountered Mr. Norinsberg? A, O. Yes. Yes. Did you gÍve a copy of the statement t,o your father? A. I don't, belÍeve he's ever he's ever read it, or seen it, but under hís advÍce t,hat document was created. DIAMOND REPORTING (zre) øz+-720Q 330 i nf oodi amondreport, ing . com 3 31, A. 1 SCHOOLCRAFT L4 O. What do You mean? I believe A. I don't know Íf I I knew I had to do i t anylvay, but he he advised me to make sure that I document while what happened, and while T was ín T was locked up and talked to him on the phone, he advised me to take notes, Ðid you give a copy of the 0. statement to anyone else? A. The next attorney was .lonathan I think he Moore, and I thínk he receÍved a copy, And that r¡/as also bef ore you 0. 1,5 encountered Mr. Norinsberg? 2 3 4 5 6 7 I 9 L0 LL L2 r,3 A. Q. 16 T7 L8 19 22 23 24 25 . J\nd Did you gíve a copy clf the statement t,o anyone else? A. T donrt believe so, no. 20 2L Yes. O by I'anyone , rr T mean Eo include any reporters. I believe I may have given a A. copy I don't, see any reason why I wouldn't have given a copy to Mr. Rayman, Understood. Any oLher O, DIAMOND REPORTTNG (7L8) sZq-7200 33L i nf oodí amondreport, ing . com 332 A. 1- 2 SCHOOT,CR.AFT reporters? 15 I'm not sure íf before Norínsb€rg, the E Íme period t,hae you ' re t,alking about, . Mr, Rayman's int,erest, seemed t,o be in No, not his interest ' AnY O. other reporters? Díd you give a copy of the st,atement to any oLher reporters other than Mr. Rayman? MR. SMITH: Wait a minute. He said he wasn't sure. He said maybe his attorney gave it to him. MR. BR.ADY: Fair enough. MR. SMITH: Subj ect to t,hat t6 t7 observation, you can angwer. A. I could have given it to 3 4 5 6 7 I 9 1-0 LL t2 13 L4 1"8 t9 2A 2t 22 23 24 25 A. Rayman myself. guestion Ís do you know whether or not, that, stat,emenL vras given to any other reporters, eÍther by you or someone on your behalf? 0. My A. To the besL of my memory, no. f don't believe so. O. Mr. Schoolcraft,, where ís the DIAMOND REPORTING (71-8) øZq-7200 332 Ínf o@di amondreport ing . com

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