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)

1

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEI/ü YORK

-------*--x

2

ADRTAN SCHOOLCRAFT,
3

PLAÏNTIFF/
Case No:

-against-

4

10 Civ. 6005

(RWS

5
6
1

)

THE CITY OF NEW YORK, DEPUTY CHIEE M]CHAEL MARTNO'

Tax Id. 813220, Individually and in his Official

Capacity,

ASSISTANT CHIEF PATROL BOROUGH BROOKLYN

Tax Id. 9!2310, Individually
And in his Official- Capacity/ DEPUTY INSPECTOR
STEVEN MÀURIELLO/ Tax Id. 895117, Individually and
Tn his Official Capacity, CAPTAIN THEODORE
LAUTERBORN/ Tax Td. 89"1840, Tndividually and in his
Offícial Capacity, LIEUTENANT WILLIAM GOUGH/ Tax Id.
9I9I24, Individuatly and in his Official Capacity,
NORTH GERALD NELSON,

B

9
l_0
11_

TZ

13
L4

15

I6
I1
1B

I9
20

SGT. FREDERICK SAWYER, Shield No. 2576, Individually
and in his Official Capacity' SERGEANT KURT DUNCAN¡
Shield No. 2483, Individually and in his Official
Capacity/ LIEUTENANT CHRTSTOPHER BROSCHART/ Tax Id.
91-5354, rndividualty and in his Official Capacity,
LIEUTENANT TIMOTHY CAUGHEY' Tax Id. 885374'
SERGEANT
Individually and in his Official Capacity'*JOHN
DOE"
Shield No. 3004 and P.O.'s
SHANTEL JAMES,
in their Official Capacity
#1*50, Individually and
(the name John Doe being fictitious,
as the Lrue
(collectively referred
names are presently unknown)
Lo as *NYPD defendanLs"), JAMAICA HOSPITAL MEDICAL
CENTER/ DR. ISAK ISAKOV/ Individually and in his
Official Capacity, DR. LILIAN ALDANA*BERNIER'
Individually and in her Official Capacity and
JAMAICA HOSPITAL MEDTCAL CENTER EMPLOYEE I S "JOHN
DOE' # 1-50, Individually and in their Official
as
Capacity (the name John Doe being fictitious'
The true names are presently unknown) '

2T
22

23

DATE: October

24

TIMtr: 10:20

25

I'I,

2012

A.M

(Continued ...)
DIAMOND REPORTING

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DATE: October

3

TTME: 10:20 A.M.

2012

4

5

VIDEOTAPED DEPOSITION

6

of the

taken by the

1

Plaintiff,

o

Respective Parties/ pursuant to a Notice and

9

to the Federal Rul-es of Civil Procedure, helcl at

ADRIAN SCHOOLCRAFT,

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t.he offices of the New York City Law Department,

t-L

1-00

L2

Nathan MacCormack, a Notary Public of the State of

13

New York.

Church Street, New York, New York 10007' before

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15

L6
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1B

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DIAMOND REPORTTNG

(71-B)

624-1200 j-nfoGdiamondreporting.com
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1.

APPEARANCES

¿

JON L

NORINSBERG, ESQ.

Attorney for Plaintiff

3

ADRIAN SCHOOLCRAFT

4

New

225 Broadway, Suite 2100

York,

BY: JON L.

York 10007
NORTNSBERG, ESQ.

New

5

coHEN & FITCH/ LLP
6

Attorneys for Plaintiff
ADRIAN SCHOOLCRAFT

1

233 Broadway, Suite 1800

New
B

9

10

11

IZ
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14
AJ

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L1
1B

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2T

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24

25

BY:

York,

New

York

L02'79

GERALD COHENT ESQ.

-and-

JOHN MEEHAN, ESQ.

MICHAEL A. CARDOZO/ ESQ.
CORPORATION COUNSEL
NEW YORK CITY LAW DEPARTMENT

Att.orneys for the Defendants

THE CTTY OF NEI/ü YORK' DEPUTY CHIEF MICHABL MARTNO,

Tax Id. 813220, Indivj-dually and in his Of ficial
Capacit.y/ ASSTSTANT CHIEF PATROL BOROUGH BROOKLYN
NORTH GERALD NELSON, Tax Id. 912310, Individually
and in his Official Capacity, CAPTAIN THEODORE
LAUTERBORN, Tax Id. B91B40t Individually and in his
Officiat Capacity/ LIEUTENANT WILLIAM GOUGH/ Tax Id.
9L9L24, Individually and in his Official Capacity'
SGT. FREDERICK SAWYER, Shield No. 2576, Individually
and in his Official Capacity/ SERGEANT KURT DUNCAN'
Shield No. 2483, Individually and in his Official
Capacity/ LIEUTENANT CHRISTOPHER BROSCHART, Tax Id.
915354, Individually and in hís Official Capacity'
LIEUTENANT TIMOTHY CAUGHEYf Tax Id. 885374'
Indivídually and in his Official Capacity, SERGEANT
SHANTEL JAMES, Shield No. 3004 and P.O.rs 'JOHN DOE"
#1-50, Individually and in their Offj-cial Capacit.y
(t.he name John Doe being fictitious,
as the true
presently unknown) (collectively referred
names are
to as "NYPD defendants")
100 Church Street
New York, New York 10007
BY: SUZANNA PUBLICKER' ESQ',
ASSISTANT CORPORATION COUNSEL and
QIANA SM]TH, ESQ., SENIOR CORPORATION COUNSEL
File #: 2010-033074

Control #:
(Continued . . .)
DIAMOND REPORTING

HHHO571B

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].

A P P E A R A N C E S (CONT'D.):

¿

3
4

MART]N, CLEARVüATER & BELL. LLP
Attorneys for the Defendant
JAMAICA HOSPITAL MEDICAL CENTER

220 E"ast 42nd Street, 13t,h Floor

New
q

BY:

York,

New

York

GREGORY JOHN

File:

l-0017

RADOMISLI/ ESQ.

66'l -82153

6
1

TVONE, DEVINE & JENSEN, LLP
R

I
10

Attorneys for the Defendant

DR. ISAK ISAKOV
2001 Marcus Avenue, Suite N]-00
Lake Success, New York II042
BY: BRIAN E. LEE' ESQ.

1-1

L2

l-3
T4

15

CALLAN/ KOSTER/ BRADY & BRENNAN, LLP
Attorneys for Defendant

LILLIAN

ALDANA_BERNIER

1 Whitehall Street
New York, New York 10004
BY: MEREDITH B. BORG, ESQ.
File #: 005r09-0647-33S

1"6

17

SCOPPETTA/

SEIFFI KRETZ E ABERCROMBIEI ESQS'

Attorneys for

Defendant.

1B

DEPUTY ]NSPECTOR STEVEN MAUR]ELLO

L9

New

444 Madison Avenue, 30th Floor

York,

New York 10022
BY: WALTER ALLOYS]US KRETZ'

JR.,

ESQ.

20

2I

ALSO PRESENT:
ROBERT E

HORGAN, VÏDEOGRAPHER

22

*

23

*

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25

DTAMOND

REPORTING [phone] infoGdiamondreporting.com
4

5

A.

SCHOOLCRAFT

THE VIDEOGRAPHER: WC ATC NOW ON

1-

thc

TCCOTd,

2

beginninq approximately 10:20 a.m. on October 11'

J

2

2012, My name is Robert Horgan, legal

4

videographer with Diamond Reporting and Legal

5

Video, based in Brooklyn,

New York.

This is the deposition of Adrian

6

'Ì

SchoolcrafL, taken on behalf of Defendant. This

o

deposition is being held at the

9

DeparLmenL, L00 Church

Street,

New

New

York City

York,

Law

New York

10

in the United States District Court, Southern

11

District

of

New York.

The caption of the case is Adrian

L2

13

Schoolcraft, Plaintiff,

I4

New

l-5

against t.he City of

10 Civ. 6005.

L6

York, et al., Defendants; Civil Action

number

Counsel will now please identifY

L1

themselves, t.heir firms and the parties they

1B

represent.

19

20
21,

22
¿J

MR. NORINSBERG: Jon Norinsberq; on behalf

of Plaintiff,

Adrian SchoolcrafL.

MR. COHEN: Gerald Cohen; Cohen and

LLP/ on behalf of Plaintiff'
MR. KRETZ: Walter

Fitch,

Adrian Schoolcraft.

Kretz; Scoppetta, Seiff,

24

Kretz and Abercrombie, on behalf of Defendant,

25

Steven Mauriel-1o.
DIAMOND REPORTING

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5

b

A.

SCHOOLCRAFT

Radomisli; for

1

MR. RADOMISLI: Gregory

2

Mart.in, Clearwater, and BeIl, for

3

Hospital Medical Center.

Jamaica

MS. BORC: Meredith Borg; from Callan,

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'Koster, Brady & Brennan, on behalf of

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Dr. Al-dana-Bernier.

6

MR.

'7

LEE: Brian Lee; from Ivone, Devine

and

Jensen/ LLP, on behalf of Dr. fsakov.

B

MS. SMITH: Qiana Smith-WiIliams; New York

9

on behalf of City

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City

11

defendants, with the exception of Defendant

12

Mauriello.

La\^/ DepartmenL,

MS. PUBLICKER: Suzanna Publicker; with

l_3

T4

Office of the Corporation Counsel, representing

15

city defendants, with the exception of Defendant

L6

Mauriell-o.
MR. VIDEOGRAPHER: The Court Reporter

T1
1B

Nathan MacCormack, with Diamond Reporting.

19

Mr. MacCormack, please swear in the

is

Wit.ness.

S C H O O L C R A F T, cal-l-ed as a wiLness,

20

ADRI AN

2T

having been first

22

State of

23

EXAMINATION BY

24

MS.

25

New

duly

s'Ì,^/orn

by a Notary Public of the

York, was examined and testified

as foll-ows:

PUBLICKER:

a.

Good

morning, Mr. Schoolcraft.

DIAMOND REPORTING

My name

is

[phone] infoGdiamondreporting.com
6

t

31

A.
A.

1

SCHOOLCRAFT

f donrL know the specific number, but I

The

If

¿

bel-ieve my attorneys have all t.he recordings.

3

perhaps they could be added up; I never added them up.

a.

4

5

\^rere

relevant, to this matter?

A.

6

Did you give your attorncys al-l recordings that
I believe they have all the recordings, yes.
MS. PUBLICKER: To the extent noL already

1
B

produced, f would request production of all

9

recordinqs in this maLter.
O.

l-0
L1

Did you record every single one of your tours

on

command?

L2

A.

I don't. believe so¡ no.

13

O.

How

I4

A.

I didn't.

did you choose what Lo record?
it wasn't always my choice. It, was a

l_5

technology new to me. f dontt believe

L6

me

1a
II

technof ogy was there.

1B

batteries, the batteries go

like, you

asked

if my fat.her ever recorded -- f don't believe the
These devices require po\^Ier,
dead.

fhis is stuff that I didnrt know. And there

19
20

times where I had Lhe recorcler, bul there were

21,

recordings.

22

question?

23

A.

were

24

25

on

Vrlhat was

no

the quest.ion -- did I answer the

Did you attempt to record every one of your tours

command?

A.

T don't recalf any attempt to -- to record

DIAMOND REPORTING

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31

42

A.
1_

SCHOOLCRAFT

performance evaluation?
MR. NORINSBERG: Objection.

¿

3

A.

What was the question, aqain?

4

A.

At

some

point in tíme' while you

\^/ere assigned to

5

the Blst Precinctf did you receive an acceptable

6

performance evaluation?
MR. NORINSBERG: Objection.

7
ð
9

To the best of my memory, I accepted aII the

A.

other evaluations that. were just passing.
you say you "acceptedr " what do you

10

O.

When

11

A.

You don't appeal it..

1,2

You sign off on it,

mean?

without

an appeal.

13

A,

So you found those to be acceptable?

1,4

A.

If I didnrt, I wasn't aware of any other

t-5

I6
I1
l_8

resolutíon.
O.

What years did you receive acceptable performance

eval-uations

A.

?

r believe

I didn't appeal any other yearf

2001

19

any other evaluation.

I

20

process. I was just.

a\^/are

2L

Life

22

your supervisors.

23
24
Ôtr
AJ

\^ras

a.

t/üasn t t

aware

of the appeal

that it. was a passing score

a lot easier if you dontt appeal or don't contest
So what was the first

year that you received

what

you believed to be an unacceptable performance evaluation?
A

What was the year, or when f received it?

DIAMOND REPORT]NG

[phone] infoGdiamondreporting.com
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43

A.
1

O.

SCHOOLCRAFT

What was the Year?

ft was 2008.

2

did you receive t.hat evafuation?

3

a.

When

4

¡ì..

It was

q

a.

Are you alleging t.hat it's

some

time, earlY

2009.

improper f or the

to consider the number of

6

poI ice department

"l

and/or arrests t.hat an officer makes in evaluating his

B

performance

summonses

?

MR.

9

.

NORINSBERG

:

Ob

I believe t.hat ' s

j ect.ion

. You can

ansvver

10

A.

Yes

11-

O.

.

Are there any circumstances in which you believe

wrong

.

13

it would be appropriate for the police department to
consider the number of summonses and/or arrests that

t4

officer makes in evaluating his performance?

L2

MR.

15

NORINSBERG

:

16

A.

I don't believe sor

L7

a.

Which of an officer's

Ob

j ect.ion

an

.

no.

duties do you believe the

LB

police department should consider when eval-uating that

L9

offícer?

20

A.

Professionalism, how t.hey respond t,o calls for

2L

service, how those calls for service are handled.

22

Underneat.h how those

23

are filed or kept, an officer's

24

ability

25

that prímary report

call-s are handled' how those reports
handwriting, a detective's

or -- or an investigator's ability

DTAMOND REPORTING

to investigate

(71-B) 624-7200 infoGdiamondreporting.com
43

49

A.

SCHOOLCRAFT

2

think that. the
recordings would helP t.he I.A.B in their investigation of

3

your allegations?

1

O.

SorrY to interruPt.

You didnrt

at that. time.

4

A.

I didn't believe

5

O.

Are you alleging that you

so¡

\^Iere Placed on

6

performance monitoring because of your meeting with the

7

T.A.B.?
MR. NORINSBERG: Objection.

B

9

10

t1
L2

13

A.

Again, I dontt recalf being placed on performance

monitoring.

A.

Ho'h/

many sumlnonses were of f icers

of

t.he

Blst Precinct required to issue under the de facto policy?
A.

I dontt recall any specific number, buL there

T4

were numbers given on the recordings. Off the top of

15

head, I can'L remember. But. it was always around *- they

I6

wanted a book, a book of summonses' 20 summonses. IL

L1

always around -- it could have been a little

t_B

have been a little

my

was

more' could

less.

I understood it to be at least 10' but they

I9
¿u

wanted a book, 20 summonses. And that's all I remember,

2L

off the top of my head in general. The recordíngs, they

22

give

23

O

24

25

numbers.

Do you know why Lhat number fluctuated?
MR

.â\

NORINSBERG:

Ob

j ect.ion.

f believe it had to do with the officer'

DIAMOND REPORTING

what

he

[phone] infoGdiamondreporting.com
49

50

A.

SCHOOLCRAFT

¿

-- \^/hat he paid the month before, what he did the month
before. If that officer wanted a particular day off, Lhat

3

officer's

4

sonre other enforcement;

5

involved with patrot.

6

everyone.

1

0.

1

B

patrol' or

duties' are t.hey assigned to traffic'

S.N.E.U., crime, units that are not
I don't believe it was the

You said what. the officers

"paid" the

before. You are nol referring to money' are

9

A.
A.

Vlho

for

month

you?

No.

10

same

11

\^/ere

MR.

Who

book of

book

of

NORINSBERG:

summonses?
Obj

ection.

t.old you t.hat you were required to issue

summonses

a

?

MR. NORTNSBERG:

L6

I1

t.hat officers at the Bl-st Precinct

Say that. aqain.

A

1,4

15

you

required to issue a

L2

l-3

told

Ob

j ect.ion

.

Again, I don't recall any specific supervi-sor or

A.

Perhaps iL's on the recordings, I think

1B

any specific tíme.

I9

it is.

ZU

officer that f was al^/are, that I knew, a book. They had

2L

to -- a b,ook would make the boss happy.

22

But it was general knowledge to every police

A.

Do you recall on any specific occasion' being

23

told by a supervisor that you needed to bring a book of

24

sununonses

25

A.

back at t.he end of the month?

I don't recall any specific conversation. But

DIAMOND REPORTING (71-B)

624-1200 infoGdiamondreporting.com
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5l-

A.

SCHOOLCRAFT

z

told not ** again/ not specifically a book/
but terms like, ttmore activity, tt or ttmore summonse,Sf tt ttmore

3

arrests.

1

yes,

\^/e \^/ere

tt

They didn't always give a number, or a minimum or

4

cert.ainly never a maximum. And again, the

tr
J

maximum,

6

recordings, I think there are

some

very clear quotes that

B

state numbers that they wanted at Lhat time from officers.
Did a union delegaLe ever Lel-l you about a number
a.

9

of

1

r_0
1_1

L2
l_3

summonses you

I don't recall a union delegate ever giving

A.

specific number,

L6

19

the union delegates at the

B1st. Precinct?
MR. NORTNSBERG: At WhAI IiMC?

At t.he time of the de facto policy you are

A.

referring to.
MR. NORINSBERG: Objection.

L'7

1B

a

Ðo.

Who were

O.

1,4

15

were reguired to issue?

I know there

A.

\^/ere

three; f don't

remember the

names. There were three, l-ike the different shifts
Did

20

2I

summons

22

in a

A

you

ever fail Lo make the number of required

mont.h?

Yeah. I don't bel-ieve I

f don't believe I

23

handed in the number of summonses that t.hey v\Iere happy

24

with¡ flo.

25

ô

Have you

DIAMOND REPORTTNG

ever t.urned in the number of

summonses

[phone] infoßdiamondreporting.com
5l-

6I

A.
1"

SCHOOLCRAFT

I don't know if I did, specifically.

fl

But. I was

officers that wanted overtime would have to

2

a\^rare other

3

adhere t.o the policY in order to explain how they could

4

have that overtime.

6

But you PersonallY, do you¿ sitting here todaY,
recall ever losing overtime for failing to issue a certain

1

number

5

A.

of

B

A.

9

summonses?

As I sit. here todaY, I don'L recall losing

overtÍme.

r_0

11

I2

O.

What officers did you observe l-ose overtime for

failing to issue a cerLain number of
A.

summonses?

J don't recall any specify officer.

I just

if an officer wanted

l-3

recal_l that. that was the qeneral

1,4

overtime, they woul-d have to explain it.

15

was overtime, I recaff being addressed by supervisors.

T6

was understood.

L9

It

The number was tttwo and twottr' two summonses and

t't
1B

And when there

t-wo

250's. If the of ficer

made

a collar, they wanted the

the supervisor wanted that colfar, Lhat arrest to

be

20

250'ci. And I think they -- you st.ill weren'L required to

2L

do the sunmonses. But it was "two and two, " that was t,he

22

phrase.

you say "two and t\n/or' what do you

23

O.

When

24

A.

Two sunÌmonses/ two

25

mean?

250rs, two stop, question

and

frisks.
DIAMOND REPORTING (71-B)

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62

A.

SCHOOLCRAFT

1

a,

Per month?

2

A.

Per t.hat overtime, Per when you are -- that

3
4

mandat.ed overLime,

A.

or if you requesLed it.

So if I understand you, an officer who was given

5

overtime, was required to issue two

6

arrests during that overtime shift?

summgnses and make two

MR. NORINSBERG: Objection.

1
õ

A.

As a minimum, Yes.

9

a.

AL a minimum.
MR. NORINSBERG:

10

I think you misjudged.

He

said two -

l-1

t2

MS. PUBLICKER: He just said Yes.

13

MR. NORINSBERG: No,
sutnmonses ancl

L4

but he said

two

two 250rs.

1_5

MR. COHEN: He saici

it. two times.

I6

MR. NORINSBERG: He

said it two times, then

you rePhrased it the wrong

L1

MS. PUBLICKER: And then he said "yes."

1B

I9

am

I

sorry if I misPhrased it, but
MR. NORINSBERG: Do you want

20

to clarify'

Adrian?

2I

THE WTTNESS:

22

23

\^/aY.

O.

VrThen

What was

the question?

you say "two and t'nrort' you are saying

24

I misstated you, then --

25

two

summonses and t.wo

two summonses and

if

two 250's, or

arrests per overtime shift?

DIAMOND REPORTING (71-B)

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Õz

63

A.

SCHOOLCRAFT

1

A.

Two summonses and two

2

a.

Okay.

Vrlhat happened

250's, two urld a*o.

if they did not make that

4

two and two during their overLime shift?
f cion't- believe they would *- they would not
A.

5

abl-e to ask f or overtime anymore.

3

6
1
B

9

10
11

O.

Can you name

a single person who was subject

be

t.o

that. polícy?

A.

But I bel-ieve you can

Not specifically.

overtime is documented very well.

the

You coul-d see a pattern

of certain officers that. have become dependent on overtime
O,

But have you ever seen an officer be refused

L2

overt.ime because they did not hit the quota policy for

13

summons¡ you

I4

A.

referred to earlier?

I don't specifically

-- I donrt specifically

15

recall any officer or exact time. But that. was general

1,6

knowledge.

t1
1B

19

20

2I

a.

Did you ever suffer a tour change as a resul-t of

failing to issue a certain number of
A.

No. I don't

maybe t.hree years

A.

22

A

I was on the

same

per

month?

tour for --

straight.

Do you observe another

officer suffer that

penalt.y?

23

summonses

f donrt recall any specific officer.

But I

24

recall- officers getting in troubl-e. In order to get

25

to t.heir desired Lour, they would have to produce
DTAMOND REPORT]NG

back

surnmonses

[phone] infoßdiamondreporting.com
63

64

A.
l-

and arrests / more

2
3
4

Q.
you

When

SCHOOLCRAFT

.

you say was "officers

in troubler " what do

mean?

A

A.

conunand

discipline;

in trouble' any numerous

6

reasons, vioLations or misconduct of the patrol guide.
Are these unrelated to the sunmons quota policy
Q.

7

you have referred to?

5

B

A.

What do You mean, "unrelaLed"?

9

Q.

So as I underst,and what you are statinq'

10

officers would get in trouble, in

l-1

command

L2

is that

way, receive

t.hey would have their tour changed

some

a

discipline for a violation of department rufes

and

And then in order for them to make it. back t.o

13

1,'4 their preferred time, the original Lour, they would have to
15

issue a certain number of

1,6

A.

Correct

ú

O.

To

summons;

is that' correct?

.

so it's

not that the officers had a t.our

l-B

change because they failed to meet the quota policy that.

19

you referred to, but that they had t.o make more

20

in order to go back to the original tour?
MR. NORINSBERG: Objection.

21,

There v\lere insLances like that.

But I believe

22

A.

23

there

24

denied, overtime denied, based on the illegal

25

summonses

A.

\^/ere

officers t.hat had tour changes, vacation

days

quota policy.

Can you name one officer who that happened to?

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65

A.
1

I can'L recafl any specific officer,

I don'L

A.

SCHOOLCRAFT

3

but -- or one specific time. But it was general knowledge,
you don't get overLime if you don't pay the rent; you don't

4

get your days off granted if you don't pay the rent.

5

you get in t.rouble¡

2

6

A.

Vüould

YOU

If

have got to pay more rent.

anylhing refresh your recollection as to

1

officer who had his t,our changed because of the quota

B

an

pol icy?
MR. NORINSBERG: Objectíon.

9

10
l-1
T2

There might. be recordings or documenLs that I

A.

haven'L seen that could refresh -- it's

possible.

Are there any that. you have seen in the past.' but

O.

1-3

don'L have in front of you, that woul-d refresh your

1,4

recol lect.ion

?

MR. NORINSBERG: Objection.

15

To the best of my memoryf f haventt.

\6

A.

I1

possible.

1B

0,

But it's

I9
ZU

failing
A.

Were you

ever denied vacation days as a result, of

t.o issue a certain number of

sumrnonses?

Whether -- there were vacation picks.

I never

2L

had a vacation pick denied, and I

22

knowledge that, if you are not paying the renl, you are not

23

going to be grant.ed a day off when you request it.

24

25

it was such general

So I don't recal-l me, myself specifically'

being

denied a day off.

But. it was general knowledge. That was

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65

66

A.
1

2

3
4

5
6

SCHOOLCRAFT

one of the
Can you name

O.

a single officer who was denied

day off because of failing

to meet t.he quota policy?
recalf a

I clon'L specifically

A.

time when an officer told

a

me

name

or a specific

or I overheard.

During t.he point in time when you \^/ere receiving

O.

1

acceptable performance evaluaLions, were you issuing the

Õ

number

9

policy?

summonses necessary Lo meet

of

summons

MR. NORINSBERG: Objection.

10
1_1

the de facto

Again, I wasntL keeping track of *- I was going

A.

T2

out there and answering cal-1s, whatever my duty was for

l-3

that tour.

T4

and arresLs I was doing.

I never kept track of the number of

If I had an arresL, f processed the arrest.

t_5

assigned to court, f went to court.

16

if I

1"1

detai I I was part of, I just

1B

t.hat

19

20
2I

summonses

was

And

And whatever

I didn't keep track of

.

We need

to take a break now to change the tape

and the recording.
THE VIDEOGRAPHER: The

time is L1-:48 â.tn.,

22

this is the end of Lape one.

23

are going off

t,he record.

24

25

(Whereupon, an

We

off-t.he-record discussion

was

hel-d, and a break was had.)
DIAMOND REPORTING

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66

BB

A.
l_

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3
4

SCHOOLCRAFT

Again, other than knowing -- I wasn't privy to
that investigation. I don't know exact.Iy -- r donrt recall
exact.Iy who was involved wit.h what, at what time.
A.

O.

Ilave you personally ever alleged that any other

5

indivídual defendants were involved in the downqrading of

6

crime complaints, besides Defendant Mauriello?

"l

A.

I would have to review the Complaint. Off the

B

I

But I belíeve sor it's

t.op of my head, f donrL recall.

in

the Complaint.

l_0

O.

lf I read you a

name

of t'he defendants in t.his

11

Iawsuit, can t.ell me if you have ever alleged thaL they

L2

were invol-ved in crime Complaint manípulation?

15

Off the top of my head at t.his moment, I would
have t.o -- if it's in t.he Complaint *- maybe not just by
hearing the name,, but I am sure f addressed those issues in

I6

the Complaint. Or in general, maybe I --

r-3

L4

1.1

A.

0.

Based on your recol-Iect.ion, sit't.ing here today,

Chief Michael Marino involved in crime Complaint

LB

\^/as Deputy

I9

manipulation?
MR. NORINSBERG: Objection.

20

of.

2L

A.

Not that I

22

O.

Assistant Chief Gerald

am aware

Nel-son?

MR. NORINSBERG: Objection.

23
24

A.

Not that. I

25

a.

Sergeant Kurt

D]AMOND REPORTING

am aware of

.

Duncan?

[phone] infoGdiamondreporting.com
BB

9'7

A.

t

A.

SCHOOLCRAFT

f donrt remember the ones before t.hat.

2

different being -* T believe Caugheyrs behavior

3

reflective of
a.

4

5

me appealing my 2008

When

The
was

evaluation.

did you appeal your 2008 performance

eval-uation?

6

A.

f believe it was earlY

't

0.

You claimed that you used to be the senior pat.rol

B

2009.

officer in the Bl-st Precinct; is that correct?

9

A.

I believe sor yes.

1,0

O.

What is the senior patrol officer?

1L

A.

It would be the

I2

one of the officers with more

time than other officers.
do you become the senior patrol officer?

13

O.

How

T4

A.

You would acquire more

time on patrol than

an

L6

officer would not -- with less time.
So it's just based on the number of hours you
O.

1.1

have been a police officer?

t-5

A.

1B

19

Probably days, years. I don'L know how they

woul-d approximate

it.

20

O.

What h/ere your dut.ies as a senior patrol of f icer?

2t

A.

Same

22

a.

Did you ever take the sergeant's

¿J

A.

I don't recall ever taking the sergeantrs

a)

Why not?

24
25

as any patrolman.
exam?

exam,

no.

DIAMOND REPORTING

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91

99

A.

MR. NORINSBERG: Objection.

l¿

SCHOOLCRAFT

Again, it's

A.

I bel-ieve it was just a title

just

like Officer Chan, he had the

3

separating officers;

4

amount of time I had. IIe was -* he was considered a senior

5

officer.
It. wasnrt a sPecific

6
1

other officers needed helP,

B

know how

9

j

ob title.

same

It was --

when

usually expecLed to

had, through exPerience.

10

we

r¡rere

to handle whatever theY

whatever question they

Your Complaint states that beginníng in March,

a.

to isolate you from your fellow

l_1

2OOg, the defendants began

I2

of f icers;

t-3

A.

Yes.

L4

O.

Which defendants isolated you from your fellow

1"5

1,6

officers
A.

is t.hat correct?

?

I don't recall any specific supervisor. But

T

L1

was just aware that officers were being written up for --

1B

for just. t.alking to

I9
20

a.

How

me.

did you know that. that was the fault of the

defendants in this case?

2L

A.

They \^Iere the ones writing them up.

22

O.

Who

23

A.

I don't recall the specific supervisor.

24

O.

Who was

25

A.

I believe Officer

wrote them

DIAMOND REPORT]NG

written

uP?

uP?

Chan

wasi the others, I donrt

[phone] infoGdiamondreporting.com
gg

1_00

A.

SCHOOLCRAFT

2

recall if they were. I recall that incident.
Which defendant disciplined Officer Chan for
a.

3

speaking to you?

1

5

I

A.

4

recal-f

am ¡tot-

sure if it is a defendant, I don't

who

6

O.

Did you witness it?

-t

A.

I may have been there, he may have told me.
Had you started recording your fellow officers

a

9

a.
prior to

March

|

2009?

10

A.

I believe there were recordings.

l-

a.

Did any of your fel-Iow officers know that

1-

1"2

you

were recording them at thaL time?
MR. NORINSBERG:

13

Ob

j ect.ion

.

I4

A.

I dontt believe sor

15

O.

If your fellow officers knew that. you

no.
\^Iere

L6

recording them, how do you think t,hey would have fel-t about

1.1

ir.?

1B

MR. NORINSBERG: Objection.

l-9

MR. COHEN: Objection.

20

A.

I don'L know what Lhey would have thought..

2t

O.

Is it possible that. your fell-ow officers isolated

22

themselves from you, because they suspected you were

23

recording

MR. NORTNSBERG: Objection.

24

25

t.hem?

A.

I don't believe that's possible.

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100

101
^
1

a.

z

A

3

or

4

SCHOOLCRAFT

Why not?

I don't believe anyone knew that f was recording
was recording. I don't think it \^iaS that

uncolnmon.

anyone

6

I betieve your Complaint stat.es that you learned
O.
from políce officer Zucker that the defendants were

7

attempting to execute a scenario, portraying you as

B

psychologically unfit to work, in which you would

5

be

10

invofuntary committed to a hospital; ís that correcL?
But' I recall
I don'L recall that., specifically.
A.

L1_

Of f

9

t2
t_3

icer Zucker telting me -- a'nd f don't

remember t'he

specific date. It. was -- office,r Zucker informed me that
Sergeant Weiss had -- was t.rying to E.D.P. -- no, I'm

r'7

out, he used the term "psyche. "
"They were going to psyche you that day." I
donrt recall- the exact. day they \^tere ref err j-ng to. But he
said Weiss puJ-led out the patrol guide, and there was an

1_B

argument between him and another supervisor

19

remember who

T4

15

t6

sorry/ psyche

me

it was

as t.o how

20

THE Vü]TNESS:

r would be psyched.

That was E. D. P. ¡ you said?

THE REPORTER:

2T

I can't

f

L was E.D.P., but then I

Zucker used the word "psyched, " to

22

corrected it.

23

the best of my memory.

24

(t

25

Did you record Lhe conversation with Officer

Zucker?
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101

L02

A.
1
2
3

A.

SCHOOLCRAFT

I don't believe so. ft's possible, buL I donft

believe so.
Q.

Did Officer Zucker say that he heard Sergeant

4

Weiss sayj-ng that to anYone else?

5
?

I believe he t'old me there was an argument
between another supervisor telling him to be to behave, and
basically asking him what was -- what was he trying to do

B

or accomplish. And Zucker overheard the response,

9

psyche him and remove his guns. "

6

A.

"To

thaL conversation?

10

a.

When was

11

A.

r don't recall the specific date. But I belÍeve

12
13
1.4

the Complaint has the date.
O.

Do you

recall if it was before or after April'

2009?

15

A.

I think it's

16

0.

Did you go to a hospital Ín April of

Ll

A.

I don't recalf any specific date going to the

1B

hospital, but it's

before.
2009?

Possible.

19

O.

Did you seek medical treatment in April of

20

A.

21,

O.

Itts Possible.
Vlhat \^/ere your

22

hospital in APriI of

23
24
25

symptoms when you went

that.

to the

2009?

MR. NORINSBERG:

A.

2009?

Ob

j ect.ion.

I would have t.o look at the medícal records on
I donrL recall that specific month or year, if I

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L02

105

A.
1

SCHOOLCRAFT

Did you give Dr. Sure a copy of your

O.

rr49rr about

2

corruption involving Lhe Int.egrity control Program of the

?

Bl-st Precinct,?
MR. NORINSBERG: Objection.

4

5
6

I don't recal-l ever giving him any

A.

department:

documents, no.
Do you know who

Dr. Lambstein is?

1

a.

B

^

I

O.

Who

L0

A,

I believe she was the

Yêe

is

she?

she is assiqned *-

a

11

psychiatrist assigned to the police department's medical

L2

division.
speak with Dr. Lambst.ein?

did you first

IJ

O.

When

1,4

A.

I don't recall the specific date. It was some

15
1"6

L7
1B

tíme, early 2009.
O.

Vüere

examination in

you ordered to undergo a psychological
2009?

I don't believe sor no. Well, if that was why I

A.

I don'L know if

19

was therei it was a consult of some kind.

20

it was

2I

would -- if t.hat meeting was the exam' or evaluat.ion, then

22

YES,

I guess speaking to her was the exam/ so yes. Ï

it would" have

23

9.

VrThat

24

fi rst
A.

did you discuss with Dr. Lambstein at that

meeting?

25

been.

f don't recal-I.

DIAMOND REPORTING

(71- B

)

I recall addressing the
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106

A.

SCHOOLCRAFT

1

misconduct. !n the Blst Precinct, and answering her

2

questions. I don't recafl if she asked questions

3

when

4

question she asked.

r

rn/as

a.
A.

t_3

I4
t_5

remember every

What. happened

as a result of your examination by

As a resull,

right after that. examination, I

was

modified slash restricted.
O.

1L

I2

I can't

Dr. Lambstein?

9

10

.

Bl_st precinct and the stress it was causing on officers.

1
B

st.uf f

But. I recall get.ting int.o t.he misconducL and the

5
6

a child and

abouL

to

What do you understand "modified and restricted"

mean?

It was never explained to me. What I did know
is, your gun and shield is removed. And you are *- but I
never received any inst.ruction on what I was, other than
A.

L'7

other t.han a restricted or modified police officer.
How many guns did you o\^in or possess in April of
O.

1-B

2009?

I6

MR. NORINSBERG:

I9

As a police officer/

21,

22

the

N. Y.

aÊ

LJ

.

owned two.

were you required to inform

P.D. of alt guns that You

owned?

Yes, I believe so.

23
24

j ect.ion

To the best of my recol-Iection, I

A

20

Ob

a.

t.hat

Did you inform the N.Y.P.D. of all of the
you owned

in April. of

DIAMOND REPORTING

guns

2009?

[phone] infoßdiamondreporting.com
r-06

1_08

A.

SCHOOLCRAFT

1

to turn in all guns in your possession, or just all

2

you

guns

owned?

3

A.

4

a.

It was my understandinq, all Lhe guns I owned'
So in your understar',Oing, you \^/ere allowed to

5

possess other peoplers guns, but not your

6

MR. NORINSBERG: Objection.

''t

B

9

A.

own?

It was my understanding that they -- they

\^/ere

only asking for the guns that I own, correct'
sorry/ strike
Do you believe that defendant
A.

11

Is it your belief that any of the defendants
consulted with Dr. Lambstein before her decision to

L2

youï gun and shield?

10

that.

MR. COHEN: Objection.

13

not aware of t.hat" happening,

1-4

A.

I

15

O.

Did Dr. Lambstein ever tell you that

I6

remove

am

no.
she

discussed your allegatíons with any of the defendants?

1.1

A.

If she did, I donrL recall.

1-B

O.

Did Dr. Lambstein ever tell you why your

19

20

2I

\^/ere

taken

A.

weapons

away?

To the best of my memory, she said it was because

of the chest pains.

z¿

a.

What chest pains are you speaking of?

23

A.

Around that. tj-me, Lhatrs

ft's the

24

went and saw my internist.

25

I t.hink that.'s why I
time period, I

was experiencing minor chest pains.
DIAMOND REPORTING

same

(71-B) 624-1200 [e-mail]
108

119

A.
a.

1

z
3

On October

SCHOOLCRAFT

31, 2009t did you state in reference

to Defendant Mauriello, "I would like to at feast have
fucking chance to go in a gun battle with him"?

a

that again?

4

A.

What was

5

a.

Did you state on Oct,ober 31-, 2009, in reference

6
7

to Defendant Mauriello, "T would like to have at .least
fucking chance t.o go in a qun battl-e wiLh hj-m"?
A.

B

9

O.
A.

L6

a.

I don't recall- ever making t'hat statement about
On October

31, 2009, do you recalf stating in

reference to a recording device, "How long do you think
that'1I fucking stay on me, after they fucking kill me?"
A.

I1
1B

recall making that statement about. anyone'

anyoner flo.

1_4

r_5

Do you

not including DefendanL Mauriello?

L2

13

staLemenL

like that.

l_0

11

f don't recall making -- ever making a

a

it's

Again, I don't recall making t.hat statement' but

possible.

did you make that sLatement to?

19

0.

Who

20

A.

I would have t,o hear the recording.

2L

O.

But sitting here right now, you don't recal-f

22

who

you made that statement to?

23

A.

No.

24

O.

Had anyone aL t.he N.Y.P.D. threatened

25

to kill

you

prior to you making this statement?
DIAMOND REPORTING

[phone] infoGdiamondreporting.com
l-1-9

1,20

A.

2
3
4

5
6
'7

10
l_ l_

L2

13
T4
l_5

T6
T1

a.
A.

20

Did

you

I felt

no

receive any imPlicit threat?
Caugheyts behavior that day was menaclng

and threat.ening.

O.

And

You

believed that he was threatening to kiII

you?

MR. NORINSBERG: Objection.

A.

I believe his behavior

vúas

menacing, and

intimidat.ing and threateníng.
A,

Besides Lieutenant Caughey, were you in fear from

any other member of the N.Y.P.D.?

I don't recall- any exact -- I was concerned; I
don't know if I would define it at fear. Maybe at. certain
Limes, I was more concerned towards the end of t.he day.
A.

u.

Who were

you concerned about at the end of the

day?

Mostly, Lieutenant

1B

19

receive any exPlicit'threat,

I drdn't

À

B

9

NORINSBERG: Objection.

MR

l-

SCHOOLCRAFT

a.
"Mom

CaugheY.

Did you tell anyone on October 31, 2009, that

is speaking to

me"?

2L

A.

I don't recall ever making that statement'

22

O.

Do you recall making a statement on October 31'

23
24
')

Ê,

"f have heard guys say that. I am six-foot four
that I tift moLorcycles over mY head"?
2009 |

f don't. recall ever making thal
DIAMOND REPORTTNG

no.

and

staLemenL.

[phone] infoGdiamondreporting.com
L20

T2L

A.
1

2

SCHOOLCRAFT

On October 31, 2009, do you recall

n

telling

anyone, "MenLallYt I am not that stable"?

4

f donrt recall ever saying -* ever making that.
But if you have the recordings to these, I
statemenL

5

would be happy to l-isten to them and verifY

3

A.

fam just. asking if you recafl ever making these

6
1

t,hem.

statements

?

10

I don't recall ever making these stalements. But'
if you have a recording of these exact sLatements, as you
are t.ell-ing me, I would be happy to verify it through the

L1

recording.

B

9

L2

13

A.

O.

Did there

October 31,

come

a time when you left work

on

2009?

L4

A.

Yes.

1-5

a.

When

L6

A.

I don't remember the approximate time.

71

some

did you firsL decide to leave work that
It

day?

was

time between 2:30 and 3:30 or 2:00 and 3:30, probably.
you supposed to leave work that day?

18

O.

When were

19

A.

I betieve the end of shift is 15:30.

2A

O.

So 3:30?

21,

A.

22

a.

15:00 *- Yeah, 3:00 or 3:30.
Why did you want to leave early that

23

A.

I was feeling under Lhe weather. But. prì-marily'

24
25

day?

I was concerned about Lieutenant. Caughey's behavior.
O.

What l^/ere you concerned about?

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L2T

t22

'
1

A.

SCHOOLCRAFT

r was concerned t.hat my safety and well-being

A.

\^Ias

2

-- I was concerned with my safet.y and well-being, Lhe way

3

t.hat he was behaving.

4
5
6
7
B
g

What, specifically,

Q.

about your safety

\^¡ere you

concerned about?

Specificatly, my safety and well-being'

A.

my person

being harmed.
Were you

Q.

afraid that he was going to injure

you?

11

I don't recall any specific -- any specific thing
that I thought he would do to me. I was just concerned,
and I felt it was appropriate to remove myself from that

L2

situation.

13

A.

fs there a piocedure for leaving work early?

1,4

A.

Other than notifying your supervisor, I

15

aware of

16

leaving

10

11
1B
19
20
21,
22

A.

0.

am not

I guess iL depends on what -- why you are
Have you ever been disciplined for not following

sick leave Procedures before?
I donrt believe so. It's possible, probably;
A.
iL's a complicated Procedure.
How is it comPlicated?
O.
A.

There's

iL's like six pages. But as far

as

24

being at work and notifying anyone else, other than your
immedíate supervisor, regarding that situaLion, r am not.

25

a\^/are

23

of any other steps.

DIAMOND REPORTING (71-B

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L32

A.

SCHOOLCRAFT

tape, as well.

1

MR. VIDEOGRAPHER: The

2

3

This will end tape two.

4

time is

1:

31- p . m.

are going off the

record

We

5

(Whereupon, an hour lunch break was taken.

6

(Whereupon,

three groups of photographs

'Ì

identification.

were

marked as DefendanLs' Exhibits A, B and C for

B

)

)

MR. VIDEOGRAPHER: We are back on record.

9

10

The time is 2:40 p.m. on October LL,20L2, and

l-1

this begins tape three of today's deposition of

T2

Adrian Schoolcraft,.

l_3

Mr. Schoolcraft, did Lhere

a

come

a time

on

t4

October 31, 2009 when police officers arrived at your

15

apartment-

16

A.

Yes.

Ll

O.

What time did you first

l-B

?

notice t.hat police

officers had arrived at your apartment?

19

A.

20

I don't recafl- a specific tíme, but it was in the

afLernoon.

2L
22

a.

How

long had you been in your apartment when the

police officers first

23

A.

Maybe an

24

0.

When

25

they

]<nock

arrived there?

hour, maybe less,

maybe

a lit.tle

more.

the officers arrived at your apartment, did

on your door?

DIAMOND REPORTING

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133

A.

I

\^fef e

3

ô

4

I recall when they first

A

2

SCHOOLCRAFT

A

they

\^/ere

arrived there' they

knocking on the door

Did they say anything to You at that t.ime?
Tf Lhey didf I don't recaff any specific

5

statements

6

O.

Did they identify themselves as police officers?

1

A.

If they did, I donrt recall.

B

a.

How

9

A.

At that time, I donrt believe T was certain that

10

did you know they were police officers?

there were officers knocking at. my door.

11

O.

Did you ans$/er the door?

L2

A.

No.

13

O.

Why not?

t4

A.

At that. time -- earlíer, or later?

15

O.

When

I6
L1

the officers first

began knocking on your

door, why did you not answer the door?
A.

Assuming I knew they were officers,

I just wasnrt

l-8

feeling wel-l- and f

I wouldn't have answered the door f or

19

anyone at that time.

But as the night progressed, as their

20

presence increased, it was

2L

of fear of why they were there.

I didn'L answer my door out

afraÍd of?

22

a.

What were you

23

A.

I was afraid for my safety and well-being.

24

25

And I

felt, by them alt being there was dísproportionate to
someone going home sick early, an hour early at' the end of
DIAMOND REPORTING

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r_33

135

A.
1-

2

3

SCHOOLCRAFT

trust to reach out to.
tl

Did you call I.A.B. before or after

PeoPle

arrived at your door?

4

A

To the best of my memory, it was before.

5

O.

Did you try to contact l.A.B. after people

6
1
B

I
r-0

1l-

arrived at your door?
A.

I don't recall trying.

But I believe -- itts

possible, buL I donrt recall.
a.

How

did you know that the officer -- police

officer presence had increased over time?
A.

I coufd see it out the window, out the front

and

T2

the back, the flashing light.s into my room and the back of

13

the building.

I4

a.

15

Did you speak with Dr. Lambst.ein on October 31'

2009?

I6
t1

A.

f don't recall having a conversation with her. I

don't believe so,

no.

1B

O.

Did Dr. Lambstein call you on October

19

A.

I believe she did.

20

O.

Do you ans\^/er her phone cal-l?

21,

A.

I don't believe I did'

22

I

Why not.?

23

A

f don't believe I

3l-

|

2009?

no.

was aware that she was calling

Perhaps I was sleeping or -* f bel-ieve f have

24

at the

25

a message of hers.

t.íme.

DIAMOND REPORTING

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135

r31

A.
1

2

actually call
If I

A.

SCHOOLCRAFT

anyone?

knew who

to call, I would have called them'

4

I don't know who cal-l-s off t.he police.
So did you make a cal-l to anyone on October
a.

5

2009?

3

3L,

6

A.

Other than Internal Affairs¡ ho.

7

O.

But you called Int.ernal Affairs before the police

o
9

10
11

arrived at your aPartment?
A.

Correct.

O.

DÍd there come a tíme when officers ent.ered your

apartment,?

L2

A.

Yes.

13

a.

How

L4

2009,

long aft.er

did officers enLer
I don't recall

t_5

You

arrived

home

on October 31,

Your apartment?
any

specifÍc time

When

they

came

I brelieve the recordings mark the

L6

in, it was dark out.

L'l

time and date of when t.hey entered.

18
19

a.

Are t.he time and date on the recordings

you

provided accurate?

20

A.

I believe theY are.

21

a.

How

long had officers been knocking on your door

23

until t.hey entered your apartment on October 31-' 2009?
How long they were knocking -- I assume ever
A,

24

since it started, that afternoon.

22

25

O.

How

did the officers enLer your apartment?

DIAMOND REPORTING

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r66

A.

SCHOOLCRAFT

2

police department, that makes that determination'
Have you ever declared someone an emotionally
O.

3

dist.urbed person?

1

4

A.

I dontt befieve sor

5

a.

on the occasions when you have int-eracted with

6

-l

no,

emotionally disturbed person/ on how many occasions
t.hat individual been sent to the hospiLal?

an

has

MR. NORINSBERG: Objection.

B

1_1

If I could remember every single time, I could
I would
probably answer that question. But I donÌt
assume if they were deemed E.D.P.f they would have to go to

L2

a hospital.

9
t_0

A.

13

O.

Have you dealt with E.D.P.'s on many occasions?

L4

A.

I wouldntt know how to quantify "many."

Over

I cJontt recall any specif ic

15

seven years, I recal-l-

I6

incident. invofving any one E.D.P.

L1
1B

a.

How many

officers used force against you on

October 31, 2A09, ín Your aPartment?
MR.

19

NORINSBERG

:

Ob

j ection

. You can ansl^rer

.

20

A.

ApproximatelY four to five.

2I

A.

You have ment.ioned Sergeant Duncan and Lieutenant

else used force against you in your aparLment

22

Gough.

23

on October 31, 2009?

Who

24

A.

LieutenanL Broschart and Chief Marino.

25

O.

What force did LieuLenant BroscharL use against

DIAMOND REPORTING (71-B)

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1-66

1,'l

A.
L

SCHOOLCRAFT

f saw it go that night.
Where was

A.

2

3

I

invas ion

the recorder that captured the

home

?

4

A.

Tt was on a shelf next to

5

O.

But the officers did not notice that

mY bed.
one?

MR. NORINSBERG: Objection.

6

1

A.

I don't believe theY did.

B

O.

fn your Complaint, you alleqe that Chief Nelson

9

r/vas

aware of Chief Marino's actionsi is that correct?

l-0

A.

Yes, I believe so.

l_

a.

What actions are you talking about?

L2

A.

Comíng

13

happened.

I4

a.

1_

15

How

to -* coming t,o my home and --

what

do you know t.hat Chief Nel-son was aware of

Chief Marino's actions?
A.

16

T believe he was, because I believe Chief Nefson

of what. was going on. And I belíeve he sent

I'7

h¡as aware

LB

Chief Marino.

20
2L

do you believe he was aware of what was going

a.

Why

A.

1v

I believe he was made aware

on?

22

exactly how it happened. But I believe

¿J

O.

know

I believe he

aware.

24

f don't

z5

VrTas

was

Chief Nelson at your apartment on October 31'

2009?
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180

A.

SCHOOLCRAFT

2

f don't recall seeing him. But there were a lot
of -- he is anoLher person I would recoqnize. f dontt

3

recall seeing him, sPecificallY.

1

A.

does Chief Ne]son l-ook like?

4

A.

Vühat.

5

A.

He is a -- he is pretty tall,

six foot' Black

6

male, an older gentleman, saIL and pepper hair.

1

I think

has a mustache, he might not.

B

9

he

So you believe that Chief Nelson expressly

O.

authorized Chief Marino Lo enter your apartment?

l

io

A.

f believe it's

O.

Vühy

A

AgaÍn, iL was eit.her Chief Marino acting on his

Possible.

I
I

1r

do you believe that?

I
I
I

L2

13

ownf or someone above him telling

him.

is Chief

1"4

a.

IlÍhy do you b,elieve t-hat someone

1s

A

r believe that's Chief Marino's -* his, his

16

immediat.e boss

At

Nel-son?

.

some

point after you were removed from your

L1

a.

18

aparLment

19

Hospi t al

a^

A.

I'm sorry, say that. again.

2I

O.

At

on October

3L

,

2009, were you

taken to Jamaica

?

some

point after you l^/ere removed from your

22

apartment on October 31, 2009, \^Iere you t.aken to Jamaica

23

Hospital

24

A.

Yes.

25

O.

Vrlere

?

you transport,ed straight. to Jamaica

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LB4

A.

SCHOOLCRAFT

You called your father more than once from the

L

Q.

2

hospital?

3

A.

Yes.

4

Q.

How many

5
6
7
B

times did you ca]l your father

on

OcLober 31, 2009?

To the best of my memory' Lwo, three times'

A,

approximately.

Did you see any nurses or doctors during the

Q,

nine hours that. you have alleged you \^Iere denied food

9

first

0

and water?

11

A.

Yes.

12

O.

How many

l-

13

first

nurses and doctors did you see in t'hat

nine hours?

L4

A.

15

Approximately, maybe two nurses and at feast two

doctors.

16

O.

Do you know the names of those nurses and

I7

doctors?

18

A.

No.

19

O.

You claim that Sergeant Sawyer assaul-ted you in

20

Jamaica Hospit-al; is that correct?

2L

A.

Yes, correct.

22

O.

How

23

^

did he assault You?
He *- well, him and at least four other officers
a point

bringing

24

-- there

25

phone. At one point, I got out of gurney, and I had to

came

DTAMOND REPORTÏNG

where they stopped

me t.he

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184

185

A.

SCHOOLCRAFT

¿

drag the gurney with me to the phone, because I became
aware that, my f ather was trying t.o get. ahold of me. And I

3

contacLed him from a Phone.

1

Sergeant Sawyer arrived some time the next

4

5

morning, and he

6

on the phone. He approached the

mi_dnight.

sav\r me

B

sergeant, the Black female, and he said to her, rtf
thought perps werenft supposed to get phone calfs. " And he
walked over to the phone and hung up the phone and it

9

stopped my call.

7

it, sounded like

And t.hen that's when he

10

he

13

" or something to t.hat ef f ect. And then
Officer Miller was on the other side of the gurney. He
grabbed my arm, and two more officers in uniform grabbed

I4

legs and body, and Sawyer grabbed my head and my hair.

1l-

I2

said "okay,

my

And then they put. me back onto the gurney'

15

I6

notd,

sl-ammed me

onto the gurney and my left hand was t.hen

Ið

handcuffed. And I was double-handcuffed to a gurney.
So Sergeant Sawyer, you stated, was holding your
a.

L9

head and your hair at that t.ime?

L7

hair'

20

A.

Correct' more Pulling

21,

O.

Who was

22

A.

The right hand was secured to t'he gurney/ it

mY

holding Your right

hand?
was

2A

the left hand, Officer Mj-ller grabbed that arm. And l
think Sergeant James was afso holding that arm. And that.'s

25

when

23

they cuffed it.

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186

A.
1-

¿

3

a.

SCHOOLCRAFT

With how much force h/ere you thrown on the

gurney?

A.

It was a tittle

softer than t'he fl-oor before'
l

4

because there was padding on the gurney. But it' was

5

was grabbed and pulled, and no one was standing on my legs.

6
1

rt was not as painful as in my home. But it was -- having
my hair pulled was probably the most painful.

B

O.

Did Sergeant James injure you in any

way?

9

A.

I donrt- recall if her grabbing me

if I

10

11
T2

13

sustained any injuries from her.

a.

What injuries did you sustain from having

Sergeant Sawyer Pull Your hair?

A.

fL wasntt thaL -- after Officer Miller applied
a tittle

too tight.

Sawyer said

L4

the cuffs, they

L5

something to the effect,

T6

guy?" And then he wal-ked over to me, leaned over and said,

\^/ere

"Can you believe this fucking

1B

"Thi.s is what happens" -- in sum and substance, to the best
this is what happens to
of my memory/ he said, "This is

19

fucking raLs.

L'1

"

And t.hen he put both his hands around my wrists,

20
2L

pressing the cuffs together untit they wouldn't -- until

22

t.hey wouldn't go any f urther.

23
¿L!

25

O,

Could you explain what you mean by he

was

pressing your wrists together.
A.

How

handcuffs work, they are one-sided, you close

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186

195

A.

SCHOOLCRAFT

of them coming back and doing it

1

t.hat t.he possibility

2

again, I felt, theY would do that..
a.

3
4

Over the next few daysf once you were releasecl

from the hospital-, how did You feel?

5

A.

6

I

slightly exhilarated, being free.

The next

definitely

B

felt. better being -- having my Iiberty back and
feeling free. But I believe very shortly after that, I am
nol sure if I caught something else in there or it was the

I

flu from the Halloween night finally

1

r"0
1-

t-

L2

experienced a sore throat. and flu-tike

sick for a while.

But I felt better

symptoms, and I was

I felt good, but I

was under the weather.

a.

13
T4

coming on, but I

Why

do you think the defendanLs entered your

home

and had you committed t.o Jamaica Hospital Medical Center?
MR.

r-5

A.

L6

NORTNSBERG

:

Ob

j ection

. You can ans\^/er

.

I believe it was because I was reporting

sconduct and corruption committed by supervisors in the

L1

mi

l-B

New

York Cit.y PoIice DePartment.

19

O.

Who

did you report *- who did you report?

20

A.

Who

did f rePort what to?

2I

A.

About misconduct in the police department.

22

A.

To the best of my memory/ therers -- most of it

23

ís documented, I bel-ieve. I reported Sergeant

24

Lieutenant Caughey, Deputy Inspector Mauriell-o.

25

And I believe how the
DIAMOND REPORTING

Vüeiss,

the tampering with

t.he

(71-B) 624-1200 infoGdiamondreporting.com
195

196

A.

SCHOOLCRAFT

t

crime reports was directed towards the entire
administration of the Blst Precinct. If there was -- off

3

t.he t.op of my head, J remember t.hem, specifically'

1

4

A.

f

am

going to hand you what has been marked

as

I have copies for

5

Defendants' Exhibit A (handing) .

6

counsel.

1

will give you an opportunity to review these while we are

B

t.aking a short. break.

We

have to t.ake a break to chanqe the tape.

MR. VIDBOGRAPHER: The t,ime

9

10

this is the end of tape three.

11

so I

is 4:L7 p.m.'
are goíng off

record,
(Whereupon,

1,2

a break was had.

MR. VIDEOGRAPHER: We

13

We

)

are back on record.

L4

The time is 4226 p.m. on October LL, 20L2. And

15

this begins tape four of today's deposit.ion of

I6

Adrian School-craf t.

I1

O.

Right before we t.ook a break, I handed you

18

DefendanLs' Exhibit A, whÍch is a nine-page document

I9

bearing Bates numbers

ZU

had an opportunity to review these documents durinq the

2I

break?

22

A,

I just.

I

NYC 3218

am

through

NYC

reviewing them

3286. Have

you

now.

Okay.

23
24

0.

Have you seen Lhese photographs before today?

ttr,

A.

I dontt believe so r ño.

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196

203

A.
1

A.

Yes.

2

O.

Was

SCHOOLCRAFT

3

gave it back to

memo

book when he

You?

I don't b'elieve so. I reviewed it.

A.

4

5

anything removed from your

If there

was

anything missing, I dontL recall being aware of it'

O.

6
1

got it

R

Was

A.

your

memo

book defaced in any manner when you

back?

There v\7ere certain pages with -- I donrt

know

10

about "defaced, " but there were pages with certain notes
them regarding corruption or misconduct that \^Iere

11-

earmarked. They

9

\^¡ere

on

bent in the corner/ or folded over.

of your notes blacked out?

L2

O.

Were any

1"3

A.

I don'L recall anyLhing being blacked out.

I4

A.

So Defendant Caughey did not destroy any evidence

15

in your

memo

book; is that correct?

1_8

I don't know. I don't recall how carefully I
I believe.
reviewed the memo book. I only had it. for
that memo book is with Internal- Affairs investigat,ors right.

19

nov\r. I don't recall anything being blacked out.

20

remember

2L

a.

L6
T1

¿z

A.

the

the pages, certain pages were folded.
Did any defendant ever tell you not to speak to

media?

23

ó

Not in those exact words¡

24

O

Did they tell

25

the

I just

you

ho.

in any words, not Lo sPeak to

media?

D]AMOND REPORT]NG

[phone] infoßdiamondreporting.com
203

204

A.

SCHOOLCRAFT

1

A.

Not in anY exPlicit words,

z

O.

Did they tell you in any implicit

n
¡\.

V^^
IEÞ.

4

a.

How?

5

A.

The home invasion, Halloween night.

ûo.
manner?

And

1

following that, following my suspension, they continued
to -- they drove hundreds of miles to bang on my door,

B

quest.ion my neighbors, photograph me outside

6

9

r-0
1_

l_

from

outside, inside my apartment. And I took that as
Did any defendant ever tell you not t.o speak t'o
A.
the

media?

MR. NORINSBERG: Objectíon.

t2
r-3

A.

Not. in words¡ ro.

L4

a.

You claim that the defendants forced you t'o move

t-5

upstate; is that correct?

1B

Well, I had no other option of where to 9o. I
fett safer upstaLe, the farther -- I felt that was far
that I woul-dn't
enougrh away/ out of their jurisdiction,

I9

be -- Halloween night 2009, woul-dn't happen again.

L6
T7

A.

20

0.

2I

A.

22

did You move uPstate?
It was maybe a week -- two weeks after being

released.

23

u

When

You claim t.hat the officers'

visits to uPstate

lent, harass, and/or otherwise harm You

¿.t

New

York \^rere to

z3

and

your father; is that correct?

s

i

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204

206

A.
O.

1

Were you

SCHOOLCRAFT

alleging that by coming to your home in

2

JohnsLown, that. t.he defendants 'i^¡ere implicitly

3

not to go to the

telling

you

media?

5

I believe the -- the banging on the door, waiting
outside my apartment/ \^rere explicit threats to *- to not

6

push Lhis any further.

4

A.

O.

1

Prior to October 31, 2009, had you ever told

B

anyone at the N.Y.P.D. that. you int.ended to go t.o the

I

media?

10

A.

I'm sorry, what was the time?

11

O.

Prior to October 31, 2009, had you ever told

I2

anyone at the N. Y. P. D. t.hat. you intended to go to the

l_3

media?

A.

1.4

15

abrout t.he meciia, ever, before October 31, 2009t to anyone.

O.

L6

I1
1B

T don't believe I -- I don't. recall ever talking

the

When was

the first

time you discussed going to

media?

A.

Some

time after

recently, after October 31-,

19

2009/ approximately -- maybe two months after.

20

sooner after J was

21

not going to help me or protecl

Or

maybe

it. became apparent that my union

was

me.

And I felt that the seriousness of this

22

23

misconduct, I felt safer if anyone had any interest in it,

.A
¿a

t,o put it out in the public.

25

a.

When

did you first

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SCHOOLCRAFT

an officer they reviewed had appealed the review?
MR. NORTNSBERG: Objection.

¿

I

A.

3

am noL aware

if they would be punished just'

by

I don't feel- it. would

4

an officer appealing an evaluation.

5

be punishment, having to explain someLhing you documented

6

and signed.

O.

1
B

9

Aside from t,he recordings t'hat you have provided

to your attorneys and the crime complaints t'hat you
menLioned prior, is t.here any other evidence of N.Y.P.D.

10

misconduct and corruption that you had in your possession

l_1

on OcLober 3t,

A.

I2
r-3

I believe my attorneys have everything, to the

best of my knowledge.
A.

I4
1_5

2009?

are

Do you know what "charges and

specifications"

?

1"6

A.

Yes.

T1

O.

What are "charges and specifications"?

20

I believe that's the term used for charges
brought against. an officer in the police department and the
t.he specifics of that charge. I believe j-t's
specific

21,

just a list

22

charges.

1B

19

23
24

25

A.

A.

of the charges, and the specifics of those
Did t.he

N. Y. P.

D. of f icers that visit.ed your

home

in Johnsto\^rn eveï tell you why they were t.here?
I only recall answering Lhe door once. And T
A.
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she handed me, íf it was a copy of

1

canrL remember

¿

charges and specifications, or something el"se. I don'L

3

recal-I what it was. But in words, it wasn't. explained

4

ITI€

5
6
1

r,vhat.

t.o

¡ NO .

O.
home

Did you ever ask the individuals who visited your

in Johnst.own what they

A.

\^/ere

doing there?

Before I could ask -- when T did ans\^rer t.hat

B

door, T didn't know she was a

9

She was dressed,

New

York City Police Officer.

in plainclothes.

And as soon as I opened the door, I saw the video

l-0

I believe is Sergeant O'Hare, standing

1L

camera and who

I2
13

the stair\^ray/ with his hand on his 9un¿ when I opened the
door. So she handed me the envelope, I closed door. I may

1,4

have said -- shake my hand, "Yes, I understand. "

l_5

abruptly cfosed the door.

L6

a.

on

But I

All the other occasíons, when officers visited

1'1
LI

your home in Johnstown and knocked on your door, did

IU

ever speak to those officers?

you

19

A.

No.

20

O.

So when they \^rere banging on the door, did you

2L

And they r^rere banging on the door.

ever ask them what they hrere doing t.here?

22

A.

I donrt recall communicating with any of

23

O.

Why

24

A.

It was

25

didnrt

you?

I believe their behavior

threatening and intimidating.
DIAMOND REPORT]NG

t.hem.

was

I really felt that it

was

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SCHOOLCRAFT

3

do You believe has spoken out against the
alleged N.Y.P.D. quota PolicY?
Off the toP of mY head, I cantt recall an exact
A.

4

name, bul

5

think

6

Palestro.

1

Pal-estri.

1
2

O.

Who

t,he

I believe one of them is'
other one's first
I

may

be saying the

There is a

B

name

AdhYl

Polanco. ï

is Frank -- Frank

name \^/rong; PalesLro or

I believe his

name

is Valez; is

10

or was ln the 75th Precinct at one time. That was a while
back. I canrt recal-I, but I do believe there is more. But

1_1

f don'L recall at. this time, who exactlY.

9

L2

a)

Do you claím that the defendants wanted to

IJ

prevent you from speaking about certain issues?

T4

MR. NORINSBERG:

15

A.
0.

What.

j ect.ion.

Yes.

1-6

Ob

T1

issues do you bel-ieve they wanted to

keep

you from speaking about?

20

Corruption and misconduct in the Blst Precinct,
the illegal quota po,licy, the tampering with evidence of
crimes, manipulating the crime reports, Lhe actual

2L

documents themselves, falsifying

1B

19

A.

training logs/ supervisors

23

sanit.izing the personnel files to help their advancement.
Which defendant, specifically, do you believe
O.

¿L)

wanted to prevent you from speaking about those issues?

¿¿

25

A.

I believe they alf wanted -- benefited, if I

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1

2

SCHOOLCRAFT

stopped pushing the j-ssue.

O.

Every single named defendant from the N.Y.P.D./

3

you believe, would have benefited, if you did not speak out

4

against the issues you just mentioned?
MR. NORINSBERG: Objection.

5
6
'7

B

9

A.

In

some way

or anoLher,

Yes.

How did you int.end to speak out about t.he issues
O.
you just. described?
WeIl at first, I fel-t it could be resol-ved within
A.

Ll_

the department, with the investÍgat,ions. But after
Halloween night, I became a\^Iare that they werentt

I2

would -* I think that's what convinced me that the public

13

had to be made a\tlare, directly,

l-0

1,4

a.

Since you decided t.hat the public needed to

made aware
1-6

directly,

it

be

have. any defendants taken any steps to

prevent you from speaking out?
MR. NORINSBERG: Ob¡ection.

T1
1B

A.

I believe sor yes.

I9

0.

What steps have theY taken?
MR. NORINSBERG: Objection.

20
2L

A.

The driving some 300 miles to bang on my door'

22

and stand outside or park outside my apartment and prevent

23

me from going anywhere,

24

going to come in.

25

a.

creating that fear that they

were

Did you eventually speak ouL against the issues

DIAMOND REPORTING

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3

SCHOOLCRAFT

believe so.
O.

Who

did you believe l-eaked information on I.A.B

Complaints t.o the defendant?

4

A.

5

I donrt think we know yet.

I don't bel-ieve

know yet.

do

you

we

believe t.Ïrey leaked the informat.ion?

6

0

Why

1

¿l

Lieutenant Caughey's behavior October 3L, 2009.

B

I believe he \^Ias aware in

9

form or another t.hat there

\,vas

some

10

a -- maybe noL the Complaint against him, but iL was
certainly timely. I believe he was at least aware that

11

there were Comptaints against t,he precinct,

I2
13

a.

made

by

me.

Do you believe he could have l-earned this

information from your

memo book?

3l-st of Oct.ober ,

T4

A.

On t.he

15

V.
^

Vac

I6

A.

I would have to review the notes again. But

I1
18

2009?

again, how would he know Lo review the
a.

memo book?

Do you believe that íf I.A.B. had not. leaked

19

information on you to the defendants, that the October

20

2009, incident- would not have happened?

31,

MR. NORINSBERG: Objection.

2L
¿¿

A.

23

O.

possible that it. would not. have

happened.

24

I believe it's

25

In 2008t did you intend to go public wit.h your

knowledge with N.Y.P.D. corruption and police misconduct?
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1

A.

When?

¿

a.

In

SCHOOLCRAET

2008?

5

I donrt believe I ever ínt'ended before
october 31, 2OAg. I don't- believe it ever crossed my mind'
going outside the department. I -- to the best of my

6

memory, I still

1

certain parts of

R

evidence forward, that t.he department would have to resofve

3
4

9

10
l-

l_

A.

believed that there were
that once

t.hat there

were

once I brought the

the issues of miscondr:ct in the Blst Precinct. And it
ínside the departmenL'
woul-d be handled inside
O.

So in February of 2009, You did not intend to go

L2

public with your knowledge of N.Y.P.D. corruption

l_3

misconduct; is that, correct?

and

1-4

A.

On what date?

IJ

1r

O.

fn FebruarY of

L6

A.

Tn February of 2009, to the best' of my memory/ I

2009?

1-1

don't recal-f ever thinking about going to the public or to

r_B

any media source.

T9
tar

When

did you believe -- sorry' strike that'

When

O.

do you belíeve that members the N.Y.P'D'

learned about your intenLion t'o disclose N.Y.P.D.

2t

first

22

police misconduct, PubliclY?
MR. NORINSBERG: Objection.

23
24

25

I donrt know if they -- I don't whaL they
believed or when they believed it. They may have just'
A.

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A.
1

z
.)

assumed

that it night. have happened, or what would

a.

Do you have an

A

VrThat

tr

B

9

e-maif account?

is your e-mail- account?
MR

J

1

happen.

Yes.

4

6

SCHOOLCRAFT

Schoolcraft Ggmail

A.

gmail.

NORÏNSBERG:
.

Obj

com,

ection.

S-C-H-O-O-L-C-R*A-F*T at

com

Have you

u.

incident.

sent any e-mails regarding this

?

10

A.

Regarding this incident?

1l_

O.

Have you

T2

sent any e-mails regarding the

allegat.ions complained of in your Complaint?

L3

A.

I donrt recal-l sending any e-mails.

I4

O.

Have you

15

ever written online, with reqard t.o the

events alJ-eged in your Complaint?

T6

A.

What do you mean by writing online?

L1

O.

Have you ever written for any online publication

1B

19

20

2I
22
23
24

25

about the incident alleged in your Complaint?

A.

I havenrt writ.ten anything online.

There

\^/ere

media -- f have been t.o the media since October 31, 2009.

O.

How many

October 31,

A.

times have you spoken to the media since

2009?

Approximat.ely six or seven times; maybe more,

maybe less.

a.

Have you writ.Len down any account

DIAMOND REPORT]NG

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261

A.
1
¿

alleged in your complaint or the injuries you are claiming
as a resul-t of t.hose events alleged in your Complaint?
MR. NORINSBERG: Objection.

3
4
q

SCHOOLCRAFT

A.

To the best of my memory/ the Complaint is the

most detailed account that

v\Ias

prepared by my attorneys.

Have you ever prepared an account

of

what

6

0.

7

happened?

B

A.

I dontt believe sor no.

9

a.

Have you made any audio or video recordings of

10

statements, regarding the events alleged in your complaint?
MR.

11

NORINSBERG

:

Ob

j ect.ion

.

T2

A.

There were recordings in the Complaj'nt.

l_3

A.

Since October 31-, 2009, have you made any audio

I4

or visual- recordings of your staLemenLs, recounting

15

happened on October

1B

|

2009?

MR. NORINSBERG: Objection.

L6
1,1

3l-

what

A.

There was one -- This American Life, that was

radio show. I didn'L produce the recording, I didn'L

a

make

¿U

a recording of it myself. It. was a show.
When did you first. go to the media about your
O.

2L

allegations of downgrading crime and alleged quotas?

1"9

22

A.

I believe it was earlY

23

O.

How

24

A.

I don'L recalf.

25

earfy in

201-0.

2010?

Maybe

it was late 2009,

some

Lime in that time frame.
DIAMOND REPORTING

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268

A.
1

O.

z

A.

3

did You first speak from t.he media?
f remember the first
I believe the first

With

\n/hom

art,icle was the DailY

4

a.

5

A.

SCHOOLCRAFT

News.

did You sPeak at the Daily News?
Rocco Parascandola' to t.he best of my memory.

With

whom

6

THE REPORTER: ONE MOTC tiMC?

1

THE WITNESS: To t.he

best of my memory'

Rocco Parascandola.

B

9

O.

10

A.

did You sPeak next?
I might. have the order wrongf but I believe This

With

whom

I believe the next one was

l-1

American Life -- well¡ ûo'

I2

to the best. of my memory/ was The Village Voice.
Village Voice did you

13

A.

With

I4

A.

Graham RaYman.

15

O.

When

I6

A.

It. would have been a couple weeks before

whom The

did you first

r'7

Village Voice had their first

l-B

speak?

speak with Graham Rayman?

articlei

The

two weeks to

month, maybe.

L9

20
2T

22

a.

How many

times have you spoken with

a

Graham

Rayman?

A.

I really don't recall how many times I spoke with

him.

23

O.

More than five?

24

A.

Again, I woul-d have to remember every time.

25

Approximately, I can't think of a number. He would call
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269

A.
1

and check up on

Z

ran

some

A.

6

-* early

B

9

pretty much after we talked,

he

and --

last time you spoke to

Graham

Rayman?

5

1

articles,

When was t-he

3
4

And

me

SCHOOLCRAFT

O.

The l-ast time

I believe he contacLed

me

early

20L2.
What,

did you speak about in early 2012 with

Graham Rayman?

A.

I don't recal-l the specific conversation. I

10

bel-j-eve it would be to just touch base with me, an update

l_1

on what he was doing or what was going on. He would ask

72

if r was okay, and if I knew of anything that was going

13

It would be something general, like that.

me

on,

I4

a.

ïn what. format did you

15

A.

I believe it was over phone. I donrt recall the

T6

I1

Iast time I saw him.
0.

20
2L
22

23
24

25

How

frequently do you speak to

him?

MR. NORINSBERG: Objection.

1B

19

speak?

A.

I don't speak to him frequently at all.

If it

was 20L2, it would have been early 2012.

O.

Have you ever spoken to Graham Rayman about

a

Quatity Assurance Division report on the Blst. Precinct?
A.
No, I don't *- no.
a.

Have you personally seen the Qualít.y Assurance

DivÍsion report on the Bl-st Precinct?
DIAMOND REPORTING

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A.
1

a
A

ô

Does

4

A

I donrt -- no.

6

a.

Why not?

1

A.

He would need

with anyone else?

No, I did not.

3

that

Have you shared

2

SCHOOLCRAFT

5

CD

your father have access to that. CD?
I don't believe that's Possible'

no.

a computer. He is technically

it comes to computers. Him being

I

insufficient

9

of what. disc it was ortr or what was on it,
O.

t-0

11

14

aware

I clontt. believe.

But does your father have access to the actual

CD?

MR. NORINSBERG: Objection.

L2

13

when

f\

he is

It's not in a locked safe. BuL I donrt believe
he has ever even seen the

CD.

same home you share

with

l_5

a.

Is it in the

1,6

A.

I was

I1

a.

Did you ever prì-nt t.he Q.A.D. report?

1B

A.

No.

19

a.

How many

20

23
24

25

yes.

interviews have you given to the

media

about your allegations in this Complaint?
MR. NORINSBERG: Objection.

2T
22

him?

A

Approximately six, seven; maybe more, 1ess, at

least six or seven.
v

Did the

N. Y. P. D.

officers vísiting your

home

fol-lowing the October 3:., 2009 incídent affect your
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212

A.
1

decision to speak t.o the

SCHOOLCRAFT

media?

2

A.

T believe t.hey at.tempted to, Yes.

3

O.

Did they

4

A.

f don't believe they succeeded in me speaking to

succeed?

I dontt believe they

5

the media. But they -- I don't

6

provided information to these reporters, when they

1

contacted the department. No, they did not. succeed.

B

9

10

O.

Did the police visit.s to your house in

Johnstown

discourage you in any way from talking to the media?

A,

No. I don't believe so. They created that. -*
But it, would -- but it

1l-

there was fear and intimidation.

72

al-so encouraged me, how important the issues

,ú/ere.

your father ever a police officer?

13

O.

Vrlas

L4

À

Vae

15

a.

Where was

16

A.

The United States Army. To the best of

T1
1B

19

22

O.
left the

25

Do you know under what. circumstances your father
Army?

MR.

NORINSBERG

:

Ob

j ect.ion

.

A.

I believe he served his time and went -- similar
to me, just went into the private sector.
O.

24

my

memory/ University Park, Texas, and Fort Worth, Texas.

¿U

2I

your fat.her a police officer?

Do you know under what circumstances your father

left the University Park'PoIice?
MR. NORTNSBERG: Objection.
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3

SCHOOLCRAFT

Have you conLacted any

O.

represent.atives

4

Albert Vann, Peter Vallone, Jr.

5

t.hat's al-l- f can remember right'
O.

1

office

B

A.

I

Whom

or

?

Yes. SenaLor Farley, upstate.

A.

6

elected officials

I have contacted
I --

There may be more
now.

did you contacL at the

Queens County

D.A.'s

?

Canrt remember his name specifically,

or her

person I talked to was a female

name. T bel-ieve the first

did you conLact

l-0

a.

How

11

A.

By phone.

I2

a.

When

did you first

13

A.

Some

time, lat.e 2009, early 20I0t around that

T4

them?

conLact

them?

time.

the result of that contact?

15

O.

What was

I6

A.

I don't recall any results.

I do recal-l

roeet.ing

from the Queens D A. l-ater on. f don't recall

I7

with

IU

t.he specific date, but it

T9

lawsuit.

)^

Judge Brown's

someone

was

I remember they

after we filed the

were f rom t.he Queens

D.

A.

,

21.

O.

What was t.hat meet.ing about?

22

A.

ft was regardinq' -- well, I intended it to

f rom

be

23

about the -- being pulled out of my home, arresLed, falsely

24

arrested and taken out of my home Halloween night. | 2009,

25

And I bel-ieve thatf s what we did discuss that, night..
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A.
O.

1
¿

did you contact at the Department. of

Justice?

I don't recall any names off the top of my head'

A.

3
4

Whom

SCHOOLCRAF'T

There were two femafes and a male.

did you first

5

a.

When

o

A.

I believe

contact

t.hem?

they may have contacted us. I could
that may have been

7

be wrong -- again, that would be

B

before f saw the Queens D.A.; the meeting' at least.
a.

9

How

did you contact

them?

MR. NORINSBERG: Objection.

10

Again, I don't remember I believe they

A.

11

f think Lhis was after

articl-es,

L2

contacted us.

t3

possibly a radio show. And then t,hey contacted us. I

I4

believe

15

And I cooperated wit.h meeting them.

O,

L6
T1

to the best of
How many

my memory/

some

and

they contacted us.

times did you meet with the Department

of Justice?

1-B

A.

To the best oÇ my memoryf it was once.

19

O.

Whom

20

A.

Senator Farley.

2L

O.

IlrThen

22

A

Tt was by lett.er.

did you contact at Senator Farley's office?
did you first. contact

him?

There would be a date on it,

I dontt recal-I the specific date. It was some time

23

a^

24

1n 2010.

25

MS. PUBLICKER: I would call for product,ion
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280

A.

SCHOOLCRAFT

of the Letter you sent to Senator Farley,

L

z

A.

What was the content of that l-etter?

3

A.

I would have to review t-he let't.er.

4

don'L recal-l specifically what it was about.
Have you

O.

5
6

I really

writLen letters to anyone efse about' the

allegations in your Complaint?

1
B

other.

I

I don't believe sor no. I don't recafl-

A.
O.

10

Have you ever been contacted

any

by the Federal

Bureau of Investigation?

I believe my father notified

A.

11

Lhem when the

T2

incident happened. I don't believe they -- I donrt recall

1?
IJ

talking Lo anyone specifically.

I4

conlacted us.

L6

ever spoken to the F.B.L prior to

Oct.ober 3t, 2009?

I don't recall- any specific -- specifically

A.

T1
1B

Had you

O.

15

But they -- t.hey never

speaking Lo someone from the F.B.I.r no.

did you contact at Council-man Vannts office?

19

a.

Whom

20

A.

rt would have been one of hÍs aides. I dontt

2T

recall speaking with Councilman Vann, himself.
O.

22

23

o

ffice

When

did you first. contacL Councilman Vann's

?

24

A.

ft would have been

25

O.

How

some

time, 20IOt probably.

did you contact his office?

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2Bt

A.
1

A.

SCHOOLCRAFT

If I conLacted them, iL wouÌd have been by

z

I don't think it was by lett.er.

3

we met,,

phone.

I don't recall exactly

how

but I recall having a meeting.
a meeting with Councilman

4

A.

You had

q

A.

No. With a couple of his aides.

6

O.

How many

1

Vann?

times did you meet with members of

Councilman Vann's office

B

A.

To the best of my memory, it was once.

I

a.

Were t.here any notes taken

10

A.

I

11

O.

Whom

L2

Council-man

am

at that meeting?

not sure.
did you --

Valloners

whom

did you contact at

of f ice?

13

A.

VrThom

did I contact at

1,4

/-\
Y.

Vac

t_5

A.

I don't recall

Lhem

contacting

me

or if *- if

I6

they contacted me or if I reached out t.o t.hem. I don't

L1

recall, specifically,

how we came

did that first

into Vannrs office.

contact occur?

1-B

O,

When

19

A.

I believe it was some time,

20

O.

What was t.he conLent. of your communication with

21,

2010.

them?

22

A.

To the best of my memory/ iL was concerning

23

the tampering with crime reports.

24

O.

What was the resul-t of that communj-cation?

25

A.

I

am noL aware

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282

A.
1
¿

a.

SCHOOLCRAFT

Are you familiar with the class action lawsuit of

Floyd versus t.he CitY of

New York?

3

A.

Sounds familiar.

4

O.

Are you aware that there is a cl-ass action

5

alleging t.hat the N.Y.P.D. stopped and frisked individuals

6

without reasonable suspicion, and based on race?

1

A.

If that's what the Complaint says.

B

O.

Are you ai¡/are of that.?

9

A.

I may have been. I may have read that

10
11

somewhere;

it sounds l-ike mine.
a.

Are you aware that. the attorneys in Floyd allege

72

that. your tapes support their theory that stops are

13

wit.hout reasonable suspicion, in order to fulfill"

14

alleged quota?

made

an

MR. NORINSBERG: Objection.

15
1,6

A

Whose report?

I1

a

According t.o the representatives in t.he Floyd

18

class action.
MR. NORINSBERG: Objection.

l-9

That they want what?

20
2T

O.

That they believe your tapes support the

22

allegation that stops are

23

suspicion, in order to fill

without reasonabfe

an alleged quota?

MR. NORINSBERG: Objection.

24

25

made

A

ff that's

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282

283

A.

SCHOOLCRAFT

Have you spoken

1

O.

2

act.ion

3

A.

4

affidavit.

5

who

with lawyers in the Floyd

cl-ass

?

I don't, recall ** there

.may have been an

Again, if I

T recall a couple affidavits.

knew

the attorneys were.
I

6

am arôrare

of the Center For Constitutional

1
B

may have been an

9

for the Slenson case. It

Rights, I believe I did affidavit
would need more details.

10

11

Do you intend to test,ify at the Floyd cfass

O.

action t.rial?
MR.

I2
13

L4
15

16
I'7

affidavit. where I -- I don'L know. I

¡t

NORINSBERG:

Obj

ection

.

I intend to cooperaLe with anyone who J can help

.

with stopping this behavior.
Were you

O.

class act ion

ever subpoenaed to t.estify in the Floyd

?

if I receive a subpoena/

I don't believe

A

18

attorneys would know. I don't believe so,

19

O.
action

20

Do

case/

in the Stenson cJass

if that case proceeds to trial?

I will cooperate

À

23

attorney.

24

wanLs

25

int,end t.o testify

no.

MR. NORINSBERG: Objection.

21,

22

you

my

me

especially since he is

I bel-ieve there is a strong possibilit.y,

my

if

he

to.
If he feels f can help, again, stop these

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284

A.
1

unofficial

2

to

SCHOOLCRAFT

policies that are pushed -- the pressure created

f bel-ieve it will afso help pat.rolmen out there.

3

O.

How so?

4

A.

By -- by stopping this pressure from supervisors,

of the police department, relieve

5

the upper

6

of this pressure from this illegal

1

O.

Õ

summonses

9

10
L1

A.

management,

some

quota.

Do you t.hink that officers have to make out fal-se

in order to

meeL t.he

alleged quota?
the possibilit.y is very

I belíeve there is

strong.

O.

Do you believe there ís not enough violation

T2

act.ivity in the BLst. Precinct. to enabl-e an honest officer

13

Lo make the alleged quota?
MR.

T4
t_5

A.

NORINSBERG

:

Ob

j ect.ion

.

Unfess that officer is God, and they see

L6

everything, I donrt think anyone can answer t.hat guestion.

fl

Certainly, if the reports

1B

tampered with or changed, we would know a lot more about

19

whaLts rea11y happening. And those issues themselves woul-d

20

be addressed.

the reports of crimes werentt

And inst.ead of throwing this net over the entire

2!
22

community, and treating everyone l-ike a perpet.rator of

23

crime. f believe there are better ways to police in these

24

urban areas/ or anywhere. It really applies Lo anyone, any

25

community.
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284

286

A.
A.

1
a

¿

How

SCHOOLCRAFT

do you believe thaL the City of New York is

responsible for your injuries in t.his
A.

3

ft was the

New

case?

York City Pol-ice Department that

4

sent officers to my home to assault, arrest

tr
J

lock

up.

o

O.
A.

Anything else with what?

B

O.

f

me

Anything else'?

1

me and

9

10

s Lhere any other

in which you believe the

Cit.y of New York is responsible for your injuries in t.his
case

?

MR. NORINSBERG: Objection.

11

I2

\^/ay

A.

Without reviewj-ng the Complaint, the details,

13

nothing is coming to my memory right now. But yeah' I

L4

sure there are other \^/ays. It's a very large Complaint.

15

I6
II

O.

Vühat

am

are your specific cl-aims against. Sergeant

Duncan?

A.

Specifically,

regarding the assaul-t and the

And he had some involvement with the emergency

1B

arrest.

19

medical technicians in my house.

20
2L

a.

When

you say "t,he assaulL, " do you mean the

handcuffing?

22

A.

And throwing me on the floor.

¿J

O.

VrThat

ZLT

A.

Lieutenant Caughey, specifically,

25

are your claims against Lieutenant

Caughey?

was -- the --

the fear and int.imidation he created, from his behavior.
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281

A.

SCHOOLCRAFT

t1

O.

Anything else?

t

A.

And I believe he is -* he is involved in the

3

documentation -- t.he lies,

4

fraud. And I

q

James was

le

sure he was involved with what'Sergeant

t.elling the hospital, in order to have me locked

away. I believe that's a strong possibility.
0.

7
B

am

I believe he has reported me for

How

are you sure that he was involved with

Sergeant James talking to the hospital?
MR. NORINSBERG: Objection.

'9

A.

]l0

Again, the timeliness of his concern. I believe
complaints I had made against the

I

he was aware of

i

L2

BLst Precinct and him. It woul-d have benefited him to

l-3

thal's what leads me to bef ieve that. Lherers a strong

14

possibility.

15

O.

Did he assault, you in any

1,6

A.

No. I dontt recall -* no, he never touched

L7

A.

What are your claims aqainst Chief Marino?

18

A.

He would be

]l1

19

t.he

waY?

me.

part of the physical damage, and he

ordered the E.D.P.

20

O.

Anything else?

2I

A.

I

am

sure

to t-he best of my memory' again' I

sure there is more in the documentation of what. he did

22

am

23

after -- in order Lo have me locked

24

0.

25

up.

What are your complaints against Lieutenant

Gough?
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