Schoolcraft v. The City Of New York et al

Filing 298

DECLARATION of Suzanna P. Mettham in Support re: 297 MOTION for Summary Judgment .. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Thomas Hanley(Tax Id. 879761, in his Official Capacity), Thomas Hanley(Tax Id. 879761, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Robert W. O'Hare(Tax Id. 916960, Individually), Robert W. O'Hare(Tax Id. 916960, in his Official Capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York, Timothy Trainer(Tax Id. 899922, in his Official Capacity), Timothy Trainer(Tax Id. 899922, Individually), Richard Wall, Sondra Wilson(Shield No. 5172, in her Official Capacity), Sondra Wilson(Shield No. 5172, Individually). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE, # 32 Exhibit FF, # 33 Exhibit GG, # 34 Exhibit HH, # 35 Exhibit II, # 36 Exhibit JJ, # 37 Exhibit KK, # 38 Exhibit LL, # 39 Exhibit MM, # 40 Exhibit NN, # 41 Exhibit OO, # 42 Exhibit PP, # 43 Exhibit QQ, # 44 Exhibit RR)(Shaffer, Ryan)

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UNITED STATES DISTRICT COURT
SOUT¡IERN DTSTRICT OT NEW YORK

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ADRTAN SCHOOLCRAtr'B

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Plaintiff,

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Case No:

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agains t

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06005

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THE CITY OT NEW YORK, ET A],

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Defendants.

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100

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New

Church Street
York, New York

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,Ianuary

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30,
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Or

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DEPOSITTON

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pursuant to Subpoena, taken at the above
place, date and time. before DENISE ZIVKU,
Notary Public within and for the State of
New York.

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CATHERINE LAMSTEIN-REISS, M,D.
a

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A P P E A R A N C E S:

NAÍHANIEL B, SMITH, ESQ.
AttorneYs for Plaintiff
111 BroadwaY
New York, New York 10006

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JOHN T.ENOIR ,

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E SQ

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AtÈorneys for Pl,aintiff
829 Third SùreeÈ
llashington, D. C.

NE

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CITY LATÍ DEPARTMENT
OFFICE OF CORPORATTON COUNSEL
Attornâys for Defendant
THE CITY OF'NEW YORK
100 Church Street
New York, New York 10007
SUZANNA PUBLICKER METTITAM,
BY :
NETí YORK

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ESQ.
.rì

SCOPPETTÀ SETFE KRETZ & ABERCROMBIE

Attorneya

for DefendanÈ

STEVEN MAURIELLO

BY:

444 Madison Avenue
New York, New York LOA22
WAIJTER A. KRET Z, JR. , ESQ.

rvoNE , DEVINE & itENSEN, LLP

At,Èorneys for Defendant
DR. ISAK ISAKOV
2001 Marcus Avenue
Lake guccess, New York
BY: YTILI.IAM ROBERT DEVINE,
(Continuêd.

LLO 42

ESQ.

)

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(Continued.

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CALLAN, KOSTER, BRADY & BRENNAN,
Attorneys f,or Defendant
DR. LILIAN ALDANA-BERNTER
Street
One lfhitehall
New York, New York 10004
BY: PAUI¡ CALLAN, ESQ.
MATTHEW ,t. KOSTER, ESQ.

IJLF

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MARTIN CLEARWATER &

Attorneys
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BEL,L

for Defendant

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IrLP

.TAMAICA HOSPITAL MEDICAL CENTER

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BY;

22O East 42nd Street
New York, New York 10017
BRIAN OSTERMAN, ESQ.

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À1so Present:

Magdalena Bauza

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Fage

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STIPULATIONS
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IT IS HEREBY STIPULATED AND AGREED by and
between the attorneys for the resPeetive
parÈies hereto, that this examination may
be sworn to before any Notary PubJ'ic.

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IT IS FURTHER STIPUIJATED AND AGREED that
of the said
filing
and certification
examination shalL be waived.

the

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IT IS FURTHER STIPULATED AND AGREED IhAt AIl
to gu€!stions, except as to the
objeetions
form of the guestion, shall be reserved for
the time of t¡íal.

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cATHERINE LAMSTEIN-REISS, M. D. , a
Nonparty witness herein, having been

duly sworn bY a NotarY Public
first
wit,hin and for the State of New York,
examined and testif íed as f ol.l.ovrs:

was

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EXAMINATION BY

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MR. SMITH:

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WiII you state your name and
A.
address f,or the record, please.
Catherine Lamstein-Reiss , M.D . ,
A.
NYPD Psych Evaluation Section, 59-17
.function Boulevard, Corona, New York 113 68 ,
MR. SMITH: I{e are going on the
record, itts LOz22. We are at Law
Department at 100 Church Street about
to begin the deposition of Dr.
Lams tein .
TtsE 9IITNESS: Correct.
MR. SMITts: Before we begin with
the witness, Suzanna, as we have done
in the past with other witness who arc!
in the empJ.oy of t,he City of New York,
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c. LAMSTETN-RErgS, M. D.
Isn't that what You do?
A.
that
Thatrs one tYPe of referral
A.
we níght get.
I s that the tYPe of ref erral'
A.
that you got in the SchooLcraft matter?
MS. PUBLICKER METTEAM:
OUiection.
No.
A.
did You
What type of referral
A.
get in the Schoolcraft, matÈer?
That was a telePhone referral
A.
may have been
Irm gorry, not
from
telephone, but either way that waa a
surgeon. That
from his dístrict
referral
or duty
wasnrt Iike a commanding officer,
captain thinking there night be a
psychoJ.ogical problem removing the gun
This vras t'he
pending our evaluation.
surgeon became aware of
district
psychological- issues with the officer and
referred to us for an evaluation,
How do you know that the
A.
surgeon didntt become asrare of
district
psychoLogicaL iggues aE a result of
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discussion
Schoolcraft's

c. r.AMsTErN-RErSS, M. D.
with a commanding officer

in

case?

MS, PUBLICKER METTHAM:
Ob jection.
all. I know
AlL I know is that
A.
ís the information that the offieer provided
surgeon.
to the district
What I want know is what
A.
knowledge do you have about the sources of
surgeon had
information that the district
avail,able to hím when he made the referraL
to you?
MS. PUBTICKER METTHAM:
Ob jection.
AlL I know is the ínformat,ion
A.
that the officer provided to him was
I didn't aek
for the referral.
sufficient
him did you speak to anybody else about
If there's anything else
anything else.
that's relevant, if information comes from a
command , the di s tr ict surgeon s impJ,y would
f hatr s the reason f or the
tel,l. us that.
referral.
Did Èhe distrÍct
surg€ron t,eLl,
A.
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c. T,AMSTEIN-RETSS, M. D.
you sources of his information that formed
the basis for hie referral?
MS . PUBLTCKER MEÍTHAM:
Ob jectíon.
The assumption
I donrt recalL.
A.
is iÈ came from the offícer.
Doctor, Irm not here to trY and
A.
make assumptions . Okay. Your re here,
yourre under oath and if you have a
of somet,hing, Please provide
recollection
it, but I don't want you guessing, I donft
want you making assumPtíons; is that

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under s to od?

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Thatrs understood.
A,
ALL ríght.
So I am going to ask
A.
Did
guestion again just so it's eIear.
surgeon, in this case Ciuffo,
district
you what the sources of information he
which formed the basis for his referral

the
the
tetl
had
to you?

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MS

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PUBIJ

I CKER

ME

TTHAM

:

Objection.
I donrt recall with cerÈainty.
A.
Ylhat do you recall about him
A.
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c. LAMSTETN-RErSS, M. D
you the source of his information?
telling
I donrt recall that with
A.
certainty.
lÍhat do You mean bY with
O.
of
Do you have any recollection
certainty?
the conversation with Ciuffo?
MS . PUBLTCKER METTHAM:
Ob jection.
I recall gettíng his
A.
I would neeá to refer to the fite
actually,
to Eee if I have a telephone referral.
So the answer to mY guestion is
O,
here today, Vou do not have a
sitting
of the actual conversation that
recollection
you had wit,h Ciuf f o about Schoolcraf t; is

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that correct?

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MS. PUBLTCKER METTHAM:
Ob jection.
I recalL deciding doing
A.
matterE with the çtun removaL
administrative
not the gun removaJ., the administrative
I know he
¡natterg with his duty status.
provided information to us t,hat Èhe officer
had anxíety secondary t,o stress on the job.

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c. LAMSTETN-RErSS, M. D.
I don't recall with certaínty if he said
said
if he sPecifically
specificalty
I donrt have
where he got that information.
of that.
a recoll,ection
I'm going to trY to be mor€
A.
c1ear, If Irm asking You what Your
is about aomething, I'îl not
recollection
asking you to draw inf,erenees from other
information that you have secondary sources
about what that conversation was. What I am
here today, do you
asking you is sitting
have a recoLLection of a conversation that
you had with Ciuffo about Schoolcraft?
MS . PUBI.ICKER METTHAM:
Asked and answered muItipJ.e
Ob jection.
You may answer again.
times.
the onIY thing I
I recal,l
A.
I
matters.
recall is the administrative
recall our
I donrt directly
don't recall
lhat
referraJ..
conversation administrative
wês a number of years ago. I recall what
the information was, I don't recalI him
specificalJ.y saying where he got that
I would need to refer to the
information.
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c. r.AMsTErN-RErSS, M.D.
which is in Èhe records.
referral,
initial
Your fiLe?
O.
Correct.
A,
AII right, wouLd You mind ùaking
A.
a look at your file and seeing if looking at
about
that file refreshes your recollection
the subject thaÈ I am asking you about,
which is, whether or not Ciuffo told you the
sources of his informatíon which formed the
f,rom the medical
basis for his referral
division to PES?
MS. PUBLICKER METTHAM: I wou].d
prefe'r that you mark the actual
produetion as an exhibit so that we can
refer to the Bates Numbers.
MR. SMITH: Yeah, if she could
just take a Look at her
I have a
full copy of the whole thing.
I just want you to take a look
A.
see if that refreshes
at your originals,
that would be helpful.
your recollection,
MS. PUBI¡ICKER METEHAM: If it's
review that, see if, you could find
t,hat. If it' s one of Èhe pages that f
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c. LAMSTETN-RETSS, M. D.
removed, you can review those.
THE WITNESS: ft shouldn't be.
MR, SMITH: lthile yourre doing
that, I am going to mark as Exhibit 68'
whích has been Bates
the next exhibit,
Stamped NYC 2893 through 3032.
(Plaintif,f's
Exhibit 68,
document, was marked for identification
as of this date.)
I didn't document
I donrt
A.
I can teIl you what my
that so alL l had
assumptions were about it, why I had that
asEumption, but I don't have that Dr. Ciuffo
where he
specifically
said
speeifically
where he got that information.
What are you looking at?
C,
I was looking at my
t,he note
A.
of my telephone call with him.
lÍhat's the date?
A.
April L4, 2009.
A.
This is a handwritten note by
A.

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you?

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A.
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Correct.
Dated April

14th?

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C. ITAMSTEIN-REISS' M. D.
Correct.
A.
can f take a look at
Can You
A.
t,hat, please?
MS. PUBI,ICKER MEf THAM: f
believe t,he pagê ehe rs lookíng at is
now the Baùes Numbers are cut
NYC
off on the bottom of this printout you
provided, but it aPpears to be 2997, is
to.
what she was referring
MR. SMITH: Thank You.
About two-thirds down, T/C with
A.
.
Dr. Ciuffo.
Can you read that entrY into the
A.
record, please.
April 1-4, 2009 telePhone contact
A.
Doctor taking MOS off
with Dr. Cíuffo.
medical. síck and restoring medicaJ.Iy to fuLl.
duty.
And t,hen t,hat's your sígnature?
A.
Bhat' s my s ignature r Yês
A,
can I just see
There's some
A.
of t,hat, PIease?
the original
Then I also reviewed the written
A.
referral. he eent to us.
.

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c. LAMSTETN-RETSS, M. D.
Ífhere is thaÈ written ref erral?
A.
The toP of says: Consultation
A.
ConsuLtantrs
medical division.
referral
report underneath. Looks like thís ' Should
be one of the olde¡t thíngs in the fíle.
MR, SMITH: IÈrs Bates Number on
our coPy is 29L4.
Could I see the originaL to
A.
that, please?
Sure.
A.
This page with the cor¡sul tation
A.
medícal division form, that has a
referral
reference to conversations you had with
Ciuffo ?
No, it's a written information
A.
he provided to PES.
gfhat is the inf ormation that he
A.
provided to PES?
lfe nere asked to do an
A.
evaluation, becauge the officer had acute
anxiety Eecondary distresg on the job,
please evaLuate.
AIl right, Eo what you were just
A,
reading thatts not your handwriting, that'g
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C. LAMSTEfN-REfSS , M. D.
Ciuffo's handwriting?
Dr. Ciuffo, Yes .
A.
What' does thaÈ mean
Dr. Ciuffo.
A.
acute anxie ty second degrree s tress on the
job?
means it's
Acute anxietY ís
A.
yeah, itts not a chronic
not a chronic
That he is
J.ong term Lif elong anxiety.
going through a period of increased anxiety
due to gtress on the job.
Ifas this a diagnosis bY Ciuf f o
A.
of the Schoolcraftrs mental condítion?
MS , PUBLI CKER METTHAM :
Objection '
lthat was Dr. Ciuf f o ' s assessment
A.
as it appears in his writings.
MR. SMITH z 29L4 . You can't
read it in the coPy'
MS. PUBLICKER METTHAM: T
believe iÈ's easier to read in the
first
copy t,hat ytas produced in 2010 or
?OLL

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A.
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MR. SMITH: Ríght.
Now that yourve looked at those
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c. LAMSTETN-RErSS, M.D.
does that refresh
two entries in your fite,
at alt on the issue of you
your recollection
how do you
beíng toLd the sources of
pronounce hiE name?
Ciuffo.
A.
Ciuffors information about
A.
Schoolcraft?
Again, I do not recalL his
A.
statíng where he got t'hat
speaifically
He may or may not have. f
information.
didn' t docu¡nent it ' I just had mY
assumptions.
And the exercige of
Right.
O.
is
trying to ref resh a witneEsr recol'lection
once they saíd Irm not sure, I donrt really
remember, if you show them something
sometimeg they go ah, now I remember and so
Itm asking you r after lookíng aÈ these
t,hat
entries, do you have any recollection
has been recently refreshed by looking at
those entries?
I do not.
A.
How many times did you speak
O.
with Dr. Ciuffo about Schoolcraft?
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c . LAMSTETN-RETSS I M. D.

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Once.

And that was on the 14th of
according to your notes?
right,
ApriI,
If that's the date on that note
A.
that I just referred to then, Yêe.
It is.
A.
Okay, then, yes .
A.
of
Do you have any recollection
A.
other
the substance of that conversation,
than what yourve aJ.ready told me?
I don' t recalL .
A.
Af,ter you stopped seeing
C.
did you ever have any
Schoolcraft,
convêrsation with Ciuffo abouÈ Schoolcraft?
No.
A.
Am I correct that the onJ.y time
A.
you can recall having any conversation with
Ciuffo about SchooLcraft was that one
occasion?
A.
Correct.
Why don't you take a look at
A.
Exhibit 68, which is a phot,ocopy of your
file,
ât Ieast I believe it is a photocopy
of your file.
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c. LAMSTETN-RErSS, M. D
That
necessarily fitness for duty issues.
f or hiE ottn sake would be good to discuE s
with a therapist should he want too.
I aleo recommended he see e
f,or en cvaluation rcause two
psychiatrist
doctors had Prescribed psyehiatric
different
medication to hi¡n. One he finished taking
and one he hadn't started and it wasn't
clear to me why one of those was Prescribed
and, I just, ê9 a matter of course always
think itts better if someone EeeE a
medication
psychiatrist
for psychiatric
inEtead of, their prirnarY doctor.
Did you teLl SchooJ.craf t' that he
A.
didn't need medication?
MS . PUBLICKER METTHAM:
Ob jection.
A.
I t,old him that, af ter he tol,d me
noÈ at the f irst aPpointment. f toLd hi¡n
that at Èhe second and third apPointment
when he told me he no longer had no

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hin that he

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c. LAMSTETN-RgrSs, M. D.
when
to know that s!¡ouId stressf,ul
things happen with his life again
stressful
lle
that these symptoms woul'd not reoccur.
períod of tirne to know
need a significant
that thinge rcally are calm and iÈ's
Itrs not something that I had
possible.
discussed with suPervisors at that poínt,
but iÈ's possibte that we might have been
abl,e to reÈurn him to fuII duty without
being able Èo spealc to the doctor who
Some doctor
prescribed the Seroguel.
and it
thought he needed ân antiPsychotic
would no! be prudent of us to gíve someone
back their çtun in position of, poliee
auÈhority wiÈhout knowing why that was.
TÍell, did You ever f ind out whY
A.
some physician prescribed Seroguel?
The of,fícer refused to allow me
A.
to obtain that information.
!{ho etas it that prescribed
O.
Seroquel?
Dr. Sure.
A.
How do you know that Dr. Sure
A.
prescribed Seroguel?
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c. TJAMSTETN-RErSS, M. D.
OkaY. So
A.
as weLl as mY treatment
A.
recomrnendations.
He came back into Your office
A,
after your conversation with Knour and you
toLd him that his guns Yrclre being removed?
It was a temPorary removal
A.
pending a more comPlete discussion and
supervision the fol.Iowing day with my direct
supervisor, yes. At this point, it lúas
af ter hours . I t was af ter normal bus ines st
hours. So I was the onIY one there.
I{hat tíme was this?
A.
Donr t know.
A.
Why were you seeing him after
Q.

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MS

.

PUBIJTCKER METTHAM:

Objection.
Because we always have coverage
A.
24/7. The r{ay it works is every day there
who we caII the 10 to 6
is someone who is
person, who works 10 to 6 and if the case
comes in too late in the afternoon Èo be
seen by someone working a regruJ.ar tour, but
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c. T.,AMSTETN-RErSS, M. D.
report that gets sent out. Ile have our casê
records and Yrê have tike a fil,L in the blank
form that just eaYE that the gun should be
just
removed. Not any kind of evaluation,
that the guns were removed and thet lverre
requesting a new ID card and so on.
Okay. Going back to the
A.
typewriÈten timeline that' yourve creat,ed.
there' s aR entry X'O / 3L/ 09. You
The entry
were the psychologist' on Pager duty. You
see that?
I do.
A.
And you got a caLl from CaPtaín
A.
Irauterborn?
Yes.
A.
Do you remember getting that
A.
call from Captain Lauterborn?
CaPtain
A.
More specifically,
Lauterborn caIIed the síck desk suPervisor,
who then called the psychoJ.ogist' on pager
duty reguesting I respond and in response to
that reguest I called Captain Lauterborn
back. So he didn't call me directly.
Did Captain Lauterborn know that
A.
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c. LAMSTETN-RErSS, M.D.
you vrere the psychologist that, had Eeen
Schoolcraft when he called?
MS . PUBLICKER METTHAM:
Objectíon.
I don't belíeve he did. What
A.
happens is they cafí the gick desk
supervisor, who looks up and sees who is on
duty and they ealL whoever ie on duty.
So on October 3L, 2009 r You
A.
happened to be on Pager dutY?
Correct.
A.
So Captain Lauterborn called the
A.
sick desk and he was looking f,or somebody
f,rom the psychological evaLuation services?
MS . PUBLICKER METTHAM:
Ob jection.
Psychological evaLuation
A.
seeùion. AIthough, the Psychological
serviceE seetion, which does Pre-employment
acreeníng, they also do Pager duty. He waE
J,ooking for a department psychologist to
give him a caLl to consult about the
situation,
Díd you telL Captain Lauterborn
A.
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. r.AMsrErN-RETSS I M. D.
you had evaluated and meÈ wíth SchooLcraft?
Yes.
À.
And told him that during the
A.
converEation that you had with him on
October 31st?
Yes.
A.
What else did You tell CaPtaín
A.
Lau ùe rborn ?
He was asking me if there ¡ras
A,
any reason to be concerned about the fact
that, he went AWOI¡ and that he seemed to be
upset and said he had stomach pains and
should they be concerned, do they need to 90
Iook for hím, make Eure he' g okaY.
they do. IIe
TypicalJ,y, in that situation
said he wasnrt sure they wanted to suspend
him, because they thought thi s ¡{as more of a
psychological problem as opposed to a
one and so he wanted to consult
disciptinary
with me.
I told hím that as of the last
time I saw him, which wae a f eYr days
earl ier , I had no reason t,o t,hink he was a
dange r to himseJ. f or o thers . Never
c

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C. LAMSTEIN.REISS , M. D.
It didn't
expressed thoughts of suicide.
seem to be anything that serious that would
lead me to be concerned. However / he had
also never acted Iike that bef ore. IIe never
wenÈ AÍÍOL, Ieaving even though hc was told
to stay and was now saying he had stomach
So I díd
pains, while being visibty upset.
not know if t,hat meant something new
happened that led him to be ao upset that he
¡ras acting in a dif ferent mannea going AWOL
and that, kínd of stuff and led to a
reoccurrence of stomach pains badly enough
that he did that or rnaybe the s tomach paíns
nevea went away to begin with and I wasn't
even
surc¡ and that, my evaluation ig
though , I ytas not saying thi s Pelson i s
he's had these thoughts, You must
suicidal,
I had no
it was nothing like that.
aeason to think he t{as¡, except my evaluation
was only as good âs the last time I saw

22

them.

23

So if something happened since
since then,
then or theyrre acting different
And so I thought he
that, may be different.

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c. TJAMSTETN-RErSS, M. D.
absolutely did need to f ind hirn and make
sure that he was okaY.
Tfas your sharing of inf ormatíon
A.
about Schoolcraft with Lauterborn a
of Schoolaraftrs prívacy?
violation
MS . PUBIJTCKER METTHAM:
Ob jection.
theY're not
This is
No .
A.
IVhenevêtr they come to
treatment records.
before I aLlow
our off,ice before they
the¡n to open their mouth on all, I make sure
that they know that the interview is on the
record only within the department and only
on a need to know basis, so wíthin that it
is on the record.
So in this case, someone is AWOL
and theytre upset and they leave and they
say their sto¡nach hurts and theyrre acting
in that manner, I deemed there was a need to
know, foc him to know some basic inf,ormation
duty, Not
about why he was on restricted
information like, You know, whether or not
had any kind of drug
his father used
problem, whether or not he's had sex in the
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c. LAMSTEIN-REI SS , M. D
believe you're 2899 and 282 | Mr. Smith?
MR. SMITII: Ir¡n actually
to 2901,, with the ledger and
referring

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Pager.

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MS. PUBLICKER METIIIAM: It ís
D282, ít is but 2901.
So is there a rather long entrY
A.
Doctor?
for LO/3L in your file,
I dontt know what you consider
A.
rather long, but itrs
F'our Page s ?
A.
One, two, three', f our and a
A.
third, yes.
AII right, can you just read
A.
that into the record.
Sure. Pager duties regarding
A.
LO / 3L / Og r on Ieft
P. O. Adrian Schoolcraft,
of the page f noted that I was on at L1 z 40
hours, Page number 455 refers to the sick
f noted
desk log of my being put on duty.
below that that f ytas off duty at 2L:40
hour s . Baek to the main te¡ßt in the body
felephone contact with sick desk
L0/3L/09.
Sergeant KIoos.
.

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. LAMSTETN-RETSS , M. D.
MS. PUBLICKER METTHAM:
K-l-o-o-s.
Yes. I believe that's the
A.
Itrs Possible I'm wrong about the
speIIing.
speJ.Iing. MOS wae at work today. He
slammed sick report on the sergeantts desk
Sergeant
and said he was going out sick'
told him to stick around. He ref,used and
Didn' t folLow Procedure. Typically,
left.
they called sick desk and 9et authorLzation
and wait for command to arrange covêrage.
MOS was working on the teJ.ePhone
home.
MOS díd not go straight
switchboard.
Cops are at his home waiting for his
They called MOS on his ceLl. phone.
arrival.
They thínk he picked up and then hung up.
Since then no answer. They are thinking of
auspending him, but they suspect Ít is more
of, psych problem, XO of, MOS's command, the
81 Precinct, is Captain Lauterborn and
requests response f,rom PES and I signed my

23

name.

24

The is information that you
A.
received from Sergeant Kloos from the sick

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r¡AMSTETN-RETSS

I

M. D.

desk?

Correct.
A.
AtI right, please continue'
A.
It wiII be more clear as Ifm
A.
reading through the notes, but it's PoseibIe
that the part about possibly not susPending
him becauge they thought it might be motre of
a psych problem, that may have com€t
secondhand through Sergeant Kloos. If it
it would be t,he rest the
came direetly,
notes.
Telephone contact with Captain
MOS doing a 7 to 3 day tour
Lauterborn.
today at TS aII day, meaning telephone
He
swítchboard all day. AII was fine.
keeps t,o self and doesn't converse
typically
¡nuch with other of f icer and did same today.
2:00 p.m. ,
Nothing seemed out of ordinary.
he went down to locker room, changed and
then put a sick report on sergeant's desk
He wrote that he had
and said going sick.
Sergeant tried to stop him,
stomach pain.
but he left anyway. Underlying issues.
MOS
has made aILegations against others,
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c. LAMSTETN-RETSS / M. D.
of these
Department's investigation
al,Legatíons picked uP this week and it
This week about four
snowballed from there.
peopJ.e were called
P. O. 's and two civilian
MOS goos uP to them
down for guestioning.
are in
Notifications
and asked about it.
telephone message log, so he knows who is
going. When they return, he tries to
interaept them and get information from Èhem
about
it
about what he was asked
should have been what they were asked. Or
that thought the person was a he. Anyway,
that's what it says what he was asked.
tour back after RDOs. Not
Today was first
sure what happened today that triggered him
to Leave like that.
DeLegates, peers, sergeants and
Captain Lauterborn aJ,L left, him messeges and
asked him to go back to command. A
lieutenant is at him home. Eis car is
Èhere. Landlord said MOS may have been
there earlier.
Can usually hear MOSts
fooÈsteps when home. MOS not home,
Next entry, f l-ef t a mes sege on
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c. LAMSTEXN-REISS, M. D.
MOS's ceLL phone. I gave my cell' number and
Captain Lauterborn's cell phone. I told him
that the Captain said he could just return
to his homE if didnrt ¡rant to go to the
eommand. I urged him to go home or call his
eaptain, so this couLd be resoLved guickJ.y
and easily without need for a city-wide
to search for hím or
mobilization
action, Like suspension. Much
disciplinary
easier to just resolve it quickly and easily
now. I explained that everyone is just
concerned for his safety and they want to
make sure everyonê is okay.
Next entry, teJ.ephone contact
I informed captain
with Captain Lauterborn.
that I left message on MOSrs cell phone as
described above. I suggested that captain
call MOSrs father because thatrs the perEon
he is closest to and the person who is most
IikeIy to know his whereabouts. Captain
will ealJ. undersigned when locates or haars
from MOS, signed my namê.
Next entry at 20:15 hours.
TeJ.ephone contact ¡vith Captain Lauterborn.
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c. LAMSTETN-RErSS, M. D.
no word from MOS. Captain caLl'ed MOS's
Still
father, who also hadn't heard from him.
Father, quote, had some issues, end guote,
over phone, but eventually
over the phone
undcrstood captainrs point of view and
Hoping father wiLL call MOS and
eonfirmed.
êncourage him to go home. Captain will go
to MOSts home. It's possible he's home, but
not ariswering phone, I aEked if the
landLord has a Epare key. He said yes and
captain has it, but J.egaJ. issues with using.
Have to have cause. Hoping to avoid going
t,ha t rou te
What wÉlre those legal issues?
A.
f didn't ask. I don't know.
À.
MS . PUBLTCKER METTTIJII{:
Ob jectíon.
ALl right, 90 ahead?
A.
A.
And I signed my name . 20:40
I'm sorry 2Lz4Q
hours the next entry
Telephone contact
hours is the next entry.
with Sergeant Kloos. Sick desk off duty
since not known when MOS night be loeated
and I signed my name.
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c. LAMSTEIN-REXSS, M. D.
Then nexÈ pâge on the top
regarding Adrian Schoolcraft addendum to
tO/3L/09 note of telephone contact with
Capt,ain Lauùerborn at approximately 17:50
hours. Detayed entry made on L0/LA/LO. In
reviewíng f oJ-der, the below inf or¡nation was
found Èo not be documented in prior note,
but is cLear in undersignedrs memory.
Captain Lauterborn asked if MOS r{as suicidaL
otr depressed because he needed to know how
concerned they should be about MOSrs safety
given his going AWOL. Not answering phone
cal-ls, not answering door of home, but his
car was t,here, êt cetera,
Can I stop you right there.
A.
llhen did you make this entry?
A.
October 14, 2010.
October what?
A.
A.
L4, 2010.
Can I see the original
thaÈ
A.
youtre reading from?
A.
Sure.
How do you know that, you made
A.
this entry on October 24, 2010?
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