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)

Page

1

1

2
3
4

5
6
7

UNITED STATES DISTRICT COURT
SOUTHERN DISTRTCT OF NEW YORK
Case 1 : 10-cv-06005-RVIS
ADRIAN SCHOOLCRAFT,

Plaintif

-x
f

,

I

DEPUTY cHrEF
rHE crrY
";"f;;";:;*,
MICÍIAEL MARINO, Tax Id. 873220,
and in his OfficiaL
10
Individually
Capacity, ASSISTANT CHIEF PatroL
11i Borough Brooklyn NORTH GER¡\LD NELSON '
Tax f d. 9L237 O , IndividuaJ.J.y and in his
Capacíty, DEPUTY INSPECTOR
L2
official
STEVEN MAURIELLO, Tax Id. 895117,
and in his Official
indívidually
13
Capaci ty, CAPTAIN THEODORE LAUTERBORN /
and ín his
L4
Tax Id. 897840 , IndividuaIJ.y
Capacíty, LIEUTENANT TIILLIAM
Of f iciaL
Tax Id. 9L9L24 , IndividuaJ,J.y and
15
cOUcH,
Capacityf SGT.
in his Official
L6
FREDERICK SAWYER, ShieId No. 2576,
Individually
and in his Official
L7
Capaci ty , SERGEANT KURT DUNCAN, Shield
and in his
No. 2483, IndividuaJ.ly
Capacity, LIEUTENANT
18
Official
CHRISTOPHER BROSCHART, Tax Id. 915354,
and in his OfficiaL
19
Individually
Capacity, LIEUTENANT TIMOTHY CAUGHEY,
and in his
20
Tax Id. 885374t Individually
SERGEANT SHANTEIJ
Capacity,
Of f icial
2L
JAMES, ShieLd No. 3004, IndividuaJ,ly
and in her Official
Capacity,
THOMAS HANLEY, Tax Id.
22
LIEUTENANT
87 97 6L , Indiv j,dua1J.y and in his
23
Capacity;CAPTAIN TIMOTHY
OfficiaL
TRAINER, Tax Id. 899922, Individually
Capacity,
24
and in his Official
(Caption continued on folLowing page.)
25
9

212-267-6868

VERITEXT REPORTING COMPANY
www.veritext.com

5t6-608-2400

Page
1

2
3
4

5
6
7

I
9

10

11
L2

13
L4

CAPItfON: (continued)

ShieLd No.
' in her Official
and
5L72, IndividualJ'y
Capaci ty , SERGEANT ROBERT fìI . O I HARE ,
Tax Id. 916960, IndividuaJ-1y and in his
Capacity, SERGEANT RICHARD
OfficiaL
WALEf Shie1d No. 3099 and P.O.'s rr,tOE
and in their
DOE" # 1-50, IDdividualJ-y
Capacity ( the name .Iohn Doe
Of f iciaL
as the true nameE are
being ficÈitious,
presentJ.y unknown), (coLlectiveJ-y
to as .NYPD defendants") | FDNY
referred
LIEUTENANT ELISE HANLON ' individuaJ-Iy
CaPacitY as a
and in her Official
with the New York City Fire
tieutenant
Department, JAMAICA HOSPITAL MEDICAL
CENTER, DR. ISAK ISAKOV, IDdividually
and in his Of f íciaL CaPacit'Y, DR.
LILIAN ALDANA-BERNIER, IndividuaJ-1y and
Capacity and .IAMAICA
in her Official
SERGEANT SONDRA

Vf

ILSON

HOSPITAL MEDICAL CENTER EMPLOYEE

I

S

'r,JOHN DOE" # 1-50, IDdíviduaJ-1y and in
Capacity ( the name ,Iohn
their Of f icial
as the Èrue names
Doe being fictitious,
unknown) ,
are presently

15
16

2

Defendants

-;

1 Broadway
New York, New York
October 8 | 2OL3
10:17 a.m.
DEPOSITION of MICHAEL MARINO, hel'd
at Èhe above time and PIace, taken
before A1-Furquan Baker, a Shorthand
Reporter and Notary PubIic of the State
of New York, Pürsuant to the Federal
RuLes of Civit Procedure, Order and
between Counsel.
stipulations
11

L7
18

19
20
2L
22
23
24
25

212-267-6868

VERITEXT REPORTING COMPANY
www,veritext.com

s 16-608-2400

Page

3

1

2

APPEARANCE S :

3
4

LAW OFFTCES OF NATHANIEL B. SMI[H

5

Attorneys for Plaintiff
111 BroadwaY
New York, New York

10006

6

BY:

NATHANIEL B. SMITH ' ESQ.

7

I
9

NYC LAVü DEPARTMENT
CORPORATTON COUNSEL

10

Attorneys for Chief Michael Marino
and Atl City Defendants
100 Church Street
New York, New York 10007
BY :
SUZANNA PUBL I CKER METTHAM , E SQ

11
L2
13

.

t4
15
L6

CALLAN KOSTER BRADY & BRENNAN, LLP

Attorneys for Defendant LiIian
AIdana-Bernier
One WhitehaLL Street
New York, New York 10004
BY: MEREDTTH B. BORG, ESQ.

L1
18
19
20
2L
22

(

Continued

on folLowing

page.

)

23
24
25
2t2-267-6868

VEzuTEXT REPORTING COMPANY
www,veritext.com

5

16-608-2400

Page

4

1

2

APPEARANCES

: (Continued)

3

SCOPPETTA SETFF KRETZ & ABERCROMBIE
4

5
6

Attorneys for Steven Mauríello
444 Madison Avenue
New York, New York L0022
BY: WALTER A. KRETZ / ESQ.

7

I
9

10
11
L2
13
L4
15

t6

M¡IRTIN CLEARWATER & BELL
HosPitaI
At,torneys for,Jamaica
Medical Center
220 East 42nd Street
New York, New York 10017
BY: BRIAN OSTERMJIN, ES9.
IVONE DEVINE & .tENSEN, LLP
Attorneys for Dr. Isak Isakov
2001 Marcus Avenue
Lake Success r New York

LTO 42

L7

BY:

BRIAN E. LEE, ESQ.

18
L9
20

ALSO

PRESENT

2t
MAGDALENA BAUZA
22
23
24
25

JOHN LENIR

212-267-6868

VEzuTEXT REPORTING COMPANY
www,veritext.com

st6-608-2400

Page

5

1

STTPULATIONS

2
3
4

5
6
7

I
9

10
11
L2

13
L4
15

16
L7
18

IT IS HEREBY STIPULATED å,ND AGREED,
by and amongr counsel for the resPective
parties
hereto, that the filing '
of the within
seaJ.ing and certification
shalI be and the same are
deposition
hereby waived;
IT IS FURTHER STIPULATED AND AGREED
except as to form
that aLl objections,
shall be reserved to
of the questíon,
the time of the trial;
IT IS FURTHER STIPULATED AND AGREED
may be
Èhat the wíthin deposition
signed before any Notary PubIic with
as if signed
t,he same force and effect
and sworn to before the Court.

L9
20
*

2L

*

*

22

23
24

25
212-267-6868

VEzuTEXT REPORTING COMPANY
www.veritext.com

5

t6-608-2400

Page

M. Marino
MR. SMITH: OkaY.
So vre I re on the record.

1

2
3
4

6

It 's

10:20.

16

ÏÍe' re beginning the
deposit,ion of Chief MichaeL Marino.
and the
being videotaped,
It's
is taking down the
court reporter
And iÈ's being
t,estímony.
videotaped at 111 BroadwaY, Suite
Number 1305, October 8, 20L3,
M A R I N O,
MI C HA E L
t,he $Iitness herein, having f irst
been duly s\ùorn by the Notary
PubIic, was examined and testified
as f oI Iovùs :

L7

EXAMINAT I ON BY

18

MR. SMITH:

19

Good morning, chief.
How are you?
A.
Good morning r counseLor.
I rm fine.
I know from reviewing some of
A.
the documents that you have some
with this process.
familiarity

5
6
7

I
9

10
11
L2
13
1,4

15

20
2L
22

23
24

25

A.

2t2-267-6868

VERITEXT REPORTING COMPANY
www.veritext.com

5t6-608-2400

Page 228
1

2

A.

3

A.
A.

4

5
6
7

I
9

10
11
L2
13
L4

15
L6
L7
18

19
20
2L
22

23
24

25

M. Maríno
A situation.
They used the term ttcapertr?
No.

What, to the best of Your
A.
recolLection
I did theY saY?
A bag of shit.
A.
And what's that a reference
A.
to?
MS . PUBLTCKER METTHAM:
Objection.
You can answer.
A
.fust what it sounds líke.
A.
an unpleasant situation.
situation,
Did they ÈeLL you anythíng
A.
else about their sítuation?
A.
Oh, yes.
WouLd you mind sharing that
A.
wiÈh us?
A.
Sure
'
They told me that a police
Left at around 14:00, which
officer
would be 2 z O0 p. m. He was ordered not
They toLd me that
to ga, and he left.
the of f icer was acting irrationaJ.J.y,
.

2t2-267-6868

VERITEXT REPORTING COMPANY
www.veritext,com

5

l6-608-2400

Page 229

I

M. Marino
evaluaÈions
that he had had psychiatric
in the past and that he had been
answering his ceLlphone and that he
And they believed that the
stopped.
was, aLready had or was going
offícer
to hurt hímse1f.
Do you remember who toLd You
A.

9

this?

1

2
3
4

5
6
7

13

I beLieve it
I canrt say.
A.
was Captain Lauterborn ' but I reaIly
canrt say.
Did they say anythíng else
A.

L4

you

10
11
L2

15
16
L7
18

19
20
2L
22

23
24
25

to

?

A.

Yes.
Tfhat else díd they saY?
A.
A.
They toLd me that their Plan
rvas to go to hi s house and get the key
from the l-andlord and Let themselves in
and see if he vÍas in the apartment.
Díd they tell you anything
A.

else?
A.

No.

Did you say anything
A.
response?
2t2-267-6868

in

VERITEXT REPORTING COMPANY
www.veritext.com

sl6-608-2400

Page 230

M. Marino

1

6

Yes.
Vühat did You saY?
A.
I asked him who theY notified
A.
so far because it had been a couple of
hours since this disappearance of the

7

officer.

2
3
4

5

I
9

10
11
L2
13

t4
15

16
L7

18

19
20
2L
22
23
24

25

A.

And t,hen I ins tructed them
oPeratíons and
that they lrere to notify
get his pJ-ate number out and noÈify the
Emergency Service unit.
And that under no
circumstances were theY Èo Iet
themselves into that house aLone Iike
that, and that they couJ.d respond to
his house wiÈh emergency service
foLlowing the proPer procedures.
And if he ansltered the door,
see íf he needs medical heJ.p. If he
doesnrt answer the door, under no
were they to go in unt'iI
circumstances
my arrivaL.
them that
why did you tell
A.
they were not to go int,o hí s house?
who
You have a police officer
A.
212-267-6868

VERITEXT REPORTING COMPANY
www.veritext.com

5

l6-608-2400

Page 231
1

2

3
4

5
6
7

I
9

10
11
L2

13
L4

15

L6
L7
18

19
20
2L
22

23
24
25

M. Marino
you think is going to hurt himself and
he's aÈ that IeveL of anxieÈY, if you
just can go into the house like that'
you may push his hand where he may hurt
himseLf or try to hurt you or you would
have to hurt him.
Itts a dangerous situation.
got to be handled ProPerIY.
ft's
The whoLe idea is to Plevent
not to
him from hurting himself,
aggravate it.
Did you telL them anything
A.
else?
I don't thínk that I said
A.
much more than that at that time r Do.
Were these orders that You
A.
were giving them?
Yes, they were.
A.
Do you know whether or not
A.
thqy made any notes of these orders in
their memo books or anywhere else?
MS . PUBLICKER METTHAM:
Ob jection.
You can ansvter.
212-267-6868

VERITEXT REPORTING COMPANY
www,veritext.com

s16-608-2400

Page 248
1

2
3
4
5
6
7

I
9

10
11
L2

13
LA

15
16
L7
18

19
20
2L
22

23
24

25

M. Marino
I dont t remember any.
A.
AIL right.
A.
V[hen you go t t,o the I andi ng
on the second fJ.oor, what discussions
do you recall?
I was informed that there
A.
yùere two of f i cers in the backyard and
as I said, in the
one Iieutenant,
They had been there for a
front.
whí 1e . And they vÍere aI1 soaked f rom
Emergency Services had been
t,he rain.
some kind of
to establish
attempting
contact with no result.
And at one point it was
reLat,ed to me that the Iandlord firmly
vtas stiLl
beLieved that Schoolcraft
inside because he had heard him moving
around, but hadn't heard any movement
for an hour.
have Left
But he couldn't
because there are poJ.ice officers
surrounding the premise and in the
hallsray.
T[ho provided this ínf ormation
A.
212-267-6868

VERITEXT REPORTING COMPANY
www.veritext.com

5I

6-608-2400

Page 259
1

2
3
4

5
6
7

I
9

10
11

t2
13
L4

15
16
L7
18

19
20
2L
22

23
24

25

M. Marino
they had spoken to Adrian SchooLcraft's
father before you entered int,o this
course of action?
I don't remember that, Do.
A.
Did Captain Lauterborn at any
C.
time ever tell you that he had
with Larry Schoolcraft
conversations
before you entered into this course of
action to enter Adrían's aPartment?
No, nobody toLd me Èhat.
A.
tlhat time of the day !{as it
A.
when you entered into thís course of
action?
I couLdn't say.
A.
It !ÍaE dark outside?
A.
I believe t,hat it was
A.
Af t,er having thís
A.
on the
with the officers
conversation
Landing, what happened next?
The Emergency Service
A.
opened the door as I asked
officers
And you can see inside to the
them to.
(indicatitg)
It was a door open
left
ínwards from Left to right
.

2t2-267-6868

VERITEXT REPORTING COMPANY
www.veritext.com

sI

6-608-2400