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)

NYC10458

I

2

PO Schoolcraft:

81't Precinct, Officer Schoolcraft, how may I help you?

3

Lt. Brill

Officer Schoolcraft -- just the man I wanted to speak

4

Lieutenant Mike

5

Brill. I

to.

work with the Quality

This

is

Division.

Assurance

6

PO Schoolcraft:

Uh-huh.

7

Lt. Brill:

How are you?

8

PO Schoolcraft:

Good.

9

Lt. Brill:

I'm calling on behalf of a -- a -- a communication that we received

l0

from Internal Affairs that has to dealwith the -- you know, some of

11

the claims you made with respect to a crime reporting in the

t2

command. I'm sorry to get in touch with you at work. I tried to a

l3

couple times on a -- another number that came that came

t4

wasn't able to get in touch with you. That's why I thought I would

l5

give -- gave you a call at work.

up.

I

t6

PO Schoolcraft:

Okay.

17

Lt. Brill:

Basically, not -- not really -- really gonna get into too much detail

l8

now. I don't think it's -- you know, be prudent to talk to you now,

t9

you know, being that you are at work, but what I would like to do,

20

if

21

and then

22

examples of, you know, some of the improper reporting or reports

23

that weren't being entered, things that, you know, that -- that are

24

along those lines. And what

25

aT

possible at some point, is to, you know, have you come down

if -- the communication that I got said that you

had some

I'd like to do is, if you could call me

a lafer time and dis-- we could discuss some of those things so

I

we know what to look for and how to proceed with our end of the

2

investigation. You know, anytime -- anytime IAB makes a -- an--

J

anyone makes an allegation with respect to this type

4

regarding crime reporting, it's referred to the Quality Assurance

5

Division. And the team that

6

investigation team of the Quality Assurance Division. We deal --

7

we handle those types of cases -- IAB refers it to us. So we got

8

that a ref-- as a referral so, you know, before we, you know,

9

proceed

with the investigation

I

head

of --

re--

up is the confidential

I wanna really, you know, know

l0

what to look for type of thing, you know. What categories we

ll

should be looking at, so basically what I would like to do is have

t2

you give me a call and ideally if you could come in and if you do

l3

have anything to provide us with, you know,

l4

and, you know, proceed with the investigation. Would you be able

15

to call me back and/or come in, you know, to discuss, you know,

t6

some of those issues regarding the crime reporting?

17

PO Schoolcraft:

Lt. Brill:

Yeah,

it,

Sure, you want to set up a day?

l8

we'll -- we'll take

t9

yeah. Now, from what I

Thursday, Friday

understand you have what

offl

20

PO Schoolcraft:

Yep.

2t

Lt. Brill:

Would it be possible for you to come in one of those two days?

22

PO Schoolcraft:

No. I got -- I got a sick father.

23

Lt. Brill:

Okay. One of the options, I really

donot wanna do

24

to, you know, have you appear.

25

notification for you

to

a

I

come down

it, is -- is to --

could send, you know,

to the Quality

a

Assurance

I

Division, you know, as a witness, you know, We -- we routinely

2

do GO-l5s because we get cases similar to this. But --

J

PO Schoolcraft:

It -- it's all right. I've already notifìed the command officer. He's
-- he -- he's in on it.

4
5

Lt. Brill:

Okay.

6

PO Schoolcraft:

He's part of the whole deal.

7

Lt. Brill:

Yeah. I mean, if -- if -- I mean, I don't, like --

8

PO Schoolcraft:

He's -- he's the one instigating me. He's the one -- it's coming
down from

9

l0

him. I

mean, I'm sure it's coming from somewhere

above him also, but --

lt

Lt, Brill:

Right.

t2

PO Schoolcraft:

-- it's -- he -- he's showing up at these 30,31s,32s himself

and

l3

telling the officers that -- and then talking to the victim right on the

14

scene. Talking them out of, you know, not making a report,

l5

Lt. Brill:

Uh-huh. Okay, Yeah, I mean, initially that wasn't my -- I don't

l6

want to, you know, breach the confidentiality, you know, and --

17

and -- have you come down 'cause, you know, in all likihood, after

18

you --

t9

PO Schoolcraft:

It's no -- there's no --

20

Lt. Brill:

-- it's not a problem?

21

PO Schoolcraft:

-- there's no confidentiality, there's no -- I'm -- I'm not being
anonymous at all.

22
23

Lt. Brill:

Right.

24

PO Schoolcraft:

It has to be dealt -- it's not just the 81.

25

Lt. Brill:

Yeah, I know --

I'm --

-3

-

I

PO Schoolcraft:

I know

at -- you know, when

I'm at -- when I was at CRV, I -- we

2

would -- guys would joke around about the stuff they do at their

J

precincts and it's the same thing everywhere.

4

Lr, Brill:

Yeah, I know, I'm doing this to -(unclear) --

5

PO Schoolcraft:

It's

6

Lt. Brill:

-- over eight years it is, I had some cases where, you know, things

a systemic problem.

7

have been substantiated, you know, and individuals have -- you

8

know,

9

PO Schoolcraft

No, I have -- well, I mean, I have officers, I don't know if they're

if

l0

going to help,

l1

show up to their jobs and belittle them because they called them

t2

over and now they're involved. And they'll belittle the officer

l3

right in front of the victim, telling them, you know, "Why did you

t4

call me to this? Why did you do this?" Blah blah blah --

they're gonna participate but supervisors will

l5

Lt, Brill:

Right.

t6

PO Schoolcraft:

And then, you know, the officer crawls back into his car and the
crime solved.

17

l8

Lt, Brill:

Uh-huh. Yeah, no, so if you don't have a problem --

t9

PO Schoolcraft:

No.

20

Lt. Brill:

-- then what would be a good day? | mean, if you can't do it a day

2t
22

this week -PO Schoolcraft:

Well, I don't have, like, everything in order. Everything is kind of
-- I kinda gotta put stuff in some kind of an order to present it.

23
24

Lt. Brill:

Okay, yeah, that looks --

25

PO Schoolcraft:

Maybe a couple weeks from now, just notiflz me?

-4

I

Lt. Brill

Well -- well -- yeah. We can do that, but it's -- in the meantime

if

2

you could give me a call back at some point and -- and just give

3

me an idea of what we should be looking at, 'cause might go ahead

4

and start looking at some reports prior to that.

5

PO Schoolcraft:

Okay.

6

Lt. Brill:

Because there is a statute

of limitations involved sometimes

7

it's a year and a half, so if we're going back into 2008 I

8

start to look at these reports before

9

investigations aren't, you know, completed overnight.

and,

wanna

it starts to, you know -- these

It

takes

l0

months sometimes, you know, when -- when you're looking at

ll

thousands of reports, which may -- we may have to do on this case

t2
l3

PO Schoolcraft

Uh-huh.

14

Lr. Brill:

-- this, you know, to -- to, you know, call complainants back to

15

find out, you know, what happened to them. You know, interview

16

all --

t7

PO Schoolcraft:

Well, definitely December 2008 was a big -- it was -- that was

a

I don't know if there was something with the

t8

big month for --

t9

ending of that month being a big deal but that was a -- December

20

2008 they were shit-canning the reports like you wouldn't believe.

2t

Lt. Brill:

The information that I got was that you had indicated that grand

22

larcenies were being changed to lost property and petit larceny was

23

also being changed to lost property.

24
25

PO Schoolcraft

Robberies to lost property. But the thing is, reports not -- the thing

is -- a lot of these reports are not even being taken. Supervisors

-5-

will show up at the job --

I

2

Lt. Brill:

Right.

J

PO Schoolcraft:

-- and then, like I said, not only belittle the officer, but not -- not

4

for a shooting or a rape -- you know, where there is a rape victim,

5

you can't hide that, But -- but the other stuff where the -- when I

6

have robberies, the -- the victim was bleeding and officers come to

7

me and tell me this stuff and they -- they were told by the

I

supervisor

9

story, 'oVictim states he was not a victim of a crime,"

to -- to make it a lost property and also write in

the

10

Lt. Brill:

Right.

1l

PO Schoolcraft:

Into the summary.

t2

Lt, Brill:

You know, I mean, it's -- if -- if we could speak to those officers,

l3

do we have names of individuals that need to be interviewed? I

t4

think we should interview and we'll -- we'll interv-- interview

l5

them with respect to any jobs they went to and

t6

at the -- the SPRINT jobs and see how they came over and, you

l7

know, we'll look at the, you know, complainant indexes. You

l8

know, if the reports aren't being made in, you know, we -- we may

l9

-- we could very well find that out. It could be -- maybe it's

20

involved investigation. We gotta call complainants back again,

2l

look at reports, we gotta interview officers involved, yourself

22

included, obviously. So, you know, it -- it -- I mean, now is not the

23

time to -- to really go over this, you know, being where you are,

24

you know, but

25

number,

if you

oan give me a

we'll -- we'll look

call. I -- I'll give you

my

if nothing else, just to -- too you know -- so you have it

-6-

an

so

I

that when you're available and you have, you know,

2

information you want to get together --

the

J

PO Schoolcraft:

Uh-huh.

4

Lt. Brill:

-- ready you can give me a call and then we'll -- shortly thereafter

5

set up a -- you know, send you a notification to

6

you appear at the Quality Assurance Division and, you know, just

7

sit down and -- and go over whatever information you do

I

whatever reports you can bring us -- names, etcetera.

9

l0

roll call to

have

have,

PO Schoolcraft:

Uh-huh.

Lt. Brill:

This way we could start the investigation because, like I said, there

ll

is a statute of limitations, you know, with some of the -- with --

l2

with this stuff and this does take some time to investigate, Let me

13

give my -- my -- my name and number again. It's Lieutenant Mike

14

Brill, B as in boy, R-I-L-L and my direct line here at the Quality

15

Assurance Division is 718-330-3314. Again, that's my personal

t6

line. If -- if I'm not physically

t7

and you can leave a message, And the main number

l8

Assurance is 330-4431. Is there a number that I can reach you at, a

t9

cell phone number or a --

20

PO Schoolcraft:

Yup.718 --

2t

Lt. Brill:

Uh-huh.

22

PO Schoolcraft:

-- 570 --

23

Lt, Brill:

-- 570 --

24

PO Schoolcraft:

-- 6224.

25

Lt. Brill:

-- 6224.

-7

-

at my desk

you'll get a voice mail
of Quality

I

PO Schoolcraft:

so

2
3

I just changed my home phone over to cable so

Lt. Brill

I don't -- it's 4040

I don't remember the fìrst three right now,

Alright. Yeah. No, this -- if I have to get in touch with you I have

-- I

4

the cell phone number. Yeah, I

5

understand

6

information that you want to gather for us and that's fìne, but my

7

boss is -- we may wanna, you know, start to work on it, you know,

8

before that. So, I may give you a call and --

9

PO Schoolcraft

l0

it'll

mean, so from what I

take you a couple weeks

to get together the

As far as the statute of limita-- of limitations is çoncerned, what
does that mean?

l1

Lt. Brill:

Well, that -- that -- that's the --

t2

PO Schoolcraft:

Does it prevent you from investigating?

l3

Lt. Brill:

-- no, it prevents -- if someone's -- if we find misconduct --

t4

PO Schoolcraft:

Right.

l5

Lt. Brill:

-- and for argument's sake there's an 18 -- an l8 months is the

of limitations. You know, the report should

16

statute

t7

taken, let's say, you know,

18

investigation into the officers and they would say o'yeah we were

t9

pressured

20

ooThis

2l

You knowo we find somebody culpable for that.

22

months, the statute

23

done disciplinary action wise.

have been

l8 months ago, and we would do the

to", you know, "We should have taken a report,"

report was thrown

out. I handed it in and now it's missing."

If it's over l8

of limitations. is expired, so nothing can

24

PO Schoolcraft:

Right, but it '- can it still be determined if it did happen?

25

Lt. Brill:

Oh, yes.

-8-

or

be

I

PO Schoolcraft:

Oh, okay.

2

Lt. Brill:

Yeah, You know, so, I mean -- I'm not -- I'm not worried about it

a

right now --

J

4

PO Schoolcraft:

Uh-huh.

5

Lt. Brill:

-- you know, but it -- it -- it indicated some big problems at the end

6

of December, you know, from what youore -- you're telling me so

7

there is a lot of time still left but sometimes these can, you know,

8

in my experience, these investigations can take some time. A lot

9

of people do need to be interviewed, you know --

l0

PO Schoolcraft:

Uh-huh.

ll

Lt. Brill:

-- in most cases, and it takes time, the scheduling and everything,

12

so I just wanted too you know, not sit on it for any length of time,

13

basically.

l4

PO Schoolcraft

Oh, okay.

l5

Lt. Brill:

So,

I

mean,

if you can call me back at some point

later on today

t6

and let me -- let us know a little bit more specific what categories

l7

we may wanna be looking at, you know, you know, if

18

if

19

lost property's -- is a category that -- that we need to look at.

20

PO Schoolcraft:

somebody's --

- you know,

if basically from what you're telling, it looks like

The -- the GLAs that come over the radio. This is one thing -- is

2t

that the GLAs that come over the radio, you

22

matching. And in fact the -- the CO himself is giving

23

complainants that comes here to get the complaint number --

will not see the reports

24

Lt, Brill:

Yeah.

25

PO Schoolcraft

-- complaint numbers from different GLAs just so they leave.

-9-

the

I

Lt. Brill

changed and --

2
J

So, are those reports not actually being taken or are they being

PO Schoolcraft:

It would

appear they are not being taken and they're being, you

know, they're being altered to, like, unlawful use or --

4
5

Lt. Brill:

Unauthorized use.

6

PO Schoolcraft:

-- right.

7

Lt. Brill:

Okay. You know, that's something we'll look at, you know.

I

PO Schoolcraft:

That's one -- that's -- that's gonna be a big one right there. That's-

9

Lt. Brill:

Going back to '08 as well?

t0

PO Schoolcraft:

There's something about GLAs that they cannot take.

ll

Lt. Brill:

Okay. That's going back into 2008 as well?

t2

PO Schoolcraft:

Up to now.

l3

Lt. Brill:

That's still -- still going on?

t4

PO Schoolcraft:

Oh, yeah.

l5

Lt. Brill:

Alright, you mentioned the lost properties. You know, that's a --

16

that's a big category. There's a lot of lost properties, So that's --

17

that's gonna take some time to look through, the number of lost

l8

properties.

t9

PO Schoolcraft

Right, right.

20

Lt. Brill:

Well, what -- we will probably, you know, be in the command

2t

within the next week or so to start looking at these reports. Like I

22

said, you know,

23

in the next few days with any additional information you have and

24

I

25

information,

if you don't mind, you know,

reaching out to me

may do the same to you as well just to maybe get some more

-l0-

PO Schoolcraft:

Okay.

2

Lt. Brill:

Alright, Adrian?

3

PO Schoolcraft:

Alright, Lieutenant, Thank you.

4

Lt. Brill:

Alrighty,

5

PO Schoolcraft:

Bye.

6

I'll

be in touch.

END OF TELEPHONE CALL

-

ll

-