Schoolcraft v. The City Of New York et al

Filing 308

DECLARATION of NATHANIEL B. SMITH in Support re: 305 MOTION for Summary Judgment .. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit REDACTED, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit REDACTED, # 7 Exhibit REDACTED, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit REDACTED, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit REDACTED, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit REDACTED, # 20 Exhibit)(Smith, Nathaniel)

PLAINTIFF'S MOTION
EXHIBIT 10

LAUTERBORN

Page 177
1

2

A.

I

told him that based on

the

3

scenario of those kids violating laws,

4

sitting on the front of that person's

5

and that further

Q.

6

7

inquiries

should be made.

You listened to that recording

within the past month,

right?

8

A.

Yes,

9

Q.

Did you also review a

10

step

yes.
transcript

of that recording?

11

A.

I

don't remember.

12

Q.

The conversation that you had

13

with Schoolcraft in March of 2009,

the one

14

that was recorded,

just

15

talking about,

16

Schoolcraft got on the radio and asked for

17

a

the one we were

that came about because

Duty Captain;

is

that right?

18

A.

Correct.

19

Q.

Who was

21

A.

I

22

Q.

Who assigned you the function

20

23
24

25

the Duty Captain that

day?
was.

being Duty Captain for
A.
who makes

212-267-6868

There was a

of

that day?
girl Police Officer

the schedule for Captains
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LAUTERBORN

Page 183
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2

writing,

fax,

A.

3

email,

some other way?

They were given orally,

then

they

4

were written down on a

formatted page and,

5

you know,

the appropriate

6

people.

7

distributed.

they went to
I

don't know how they got

8

Q.

That format page was

9

A.

For the week.

10

Q.

For

11

A.

Yeah.

the day?

the week?

MR.

12

for

SMITH:

I

call for

the

13

production of the formatted pages

14

the weeks

15

for

March of 2009 and October of 2009.

that are contained within

16

MS.

17

in writing,

18

advisement.

Q.

19

METTHAM:
we will

Put the request
take i t under

So on the day that Schoolcraft

20

was

complaining to you about Caughey's,

21

from his perspective,

22

him,

you were

retaliation against

the Duty Captain that day?

23

A.

From what I

24

Q.

How did you become aware of the

25

fact

212-267-6868

remember,

that Schoolcraft was

yes.

requesting the

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LAUTERBORN

Page 184
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2

Duty Captain to come to his footpost?
A.

3

I

was

listening to my radio,

4

police radio,

not paying full

5

i t but I

6

but I

7

I

was hearing what

8

I

don't know how much time goes by,

9

Desk Officer,

thought that I

the

attention to

heard that request

wasn't one hundred percent sure that
I

was hearing.

at the time,

And then
the

comes in

to me

10

and stated that somebody is

11

Duty Captain over the air,

12

was kind of unusual.

13

found out that i t was Adrian Schoolcraft.

14

Q.

Why was

15

to be calling for

16

A.

which

I

thought

And then later

i t unusual

for

the

I

an officer

radio?

17

calling for

Usually,

the Duty Captain on the

you know,

you go

18

the rank before Captain got called

19

structurally,

20

Sergeant,

21

necessary for

22

scene,

23

through

decision and to make that call.

24
25

Q.

a

you know,

Lieutenant,
a

Supervisor,

a

if they deemed i t

Duty Captain to come

they would be the ones

to make

to

the

that

I t ' s almost like Schoolcraft was

going outside the chain of command by

212-267-6868

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LAUTERBORN

Page 185
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2

calling for

the Duty Captain;

3

right?

4

A.

Yeah.

5

Q.

The other Duty Captain candidates

A l i t t l e bit,

6

for March of 2009,

7

them for me,

8

you shared this
A.

9

10

was

11

in a

13

81

that

yeah.

can you identify any of

the other guys were
function

can't.

I

that

with?

don't remember who

there at that time.

If they were even

Duty Chart.
Q.

12

I

who

is

in

Were any your colleagues at the
the Duty Chart in March 2009?
I t would only be Captains

in

14

A.

15

chart.

16

Q.

So that's

17

A.

Just me in the 81,

18

Q.

that

So the other ten to fourteen

just you?
yeah.

19

Captains came from any one of the various

20

precincts in Brooklyn Patrol North,

right?

21

A.

Yes.

22

Q.

After you heard and understood

23

that somebody out on footpost was

24

for

25

the Duty Captain,
A.

212-267-6868

When I

calling

what did you do?

found out who

i t was,

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LAUTERBORN

Page 186
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had --

3

them bring in Schoolcraft to

4

problem was.

5
6
7

8
9

10

I

talked to

Q.

the Supervisor and had
see what the

Who did you speak to;

what

Supervisor?

A.

I'm not one hundred percent.

might have been Sergeant Stukes.

Q.

Why didn't you go out to

MS.

METTHAM:

Objection.

12

A.

Just by choice I

13

Q.

What are the duties of a

had him come in.
Duty

Captain?

15
16

the

footpost?

11

14

It

MS.

A.

METTHAM:

Objection.

Basically they would provide a

17

supervision in the rank of Captain to those

18

commands

19

Captain or above,

20

essentially,

21

was without a

22

off for

23

particular precinct may need a

24

respond.

25

as well as a

212-267-6868

that don't have a
I

Captain working,

should say,

i f there was a
Captain,

precinct that

whether he may be

that night or on vacation and that
Captain to

That would be my role

-- my role

whole varied other supervisory
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LAUTERBORN

Page 278
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2

refers

to?

3

MS.

4

METTHAM:

Objection.

can answer.

5

A.

I

6

Q.

You

don't think so.

Did you ever witness any

7

downgrading or improper classifications

8

going on at the 81?

9

MS.

10

METTHAM:

Objection.

You

can answer.

11

A.

No.

12

Q.

Were there any numerical quotas

13

imposed on the Police Officers at the 81?

14

MS.

15

can answer.

METTHAM:

Objection.

16

A.

No.

17

Q.

Can you tell me the first

You

time

18

that you learned or suspected that there

19

was a

Quad Investigation of the 81?

20

MS.

21

and answered.
MR.

22
23
24
25

METTHAM:

A.
date

I

Q.

212-267-6868

I

Objection.

Asked

You can answer again.

KRETZ:

Objection.

can't say what time or what

learned of i t .
Can you

tell me when you first

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LAUTERBORN

Page 279
1

2

suspected that there was

3

Investigation going on?
MS.

4

METTHAM:

a

Quad

Objection.

5

A.

Sometime in the

6

Q.

What triggered that suspicion on

7

your part?

8

A.

9

The request for

summer of 2009.

a

couple hundred

Complaint Reports.

10

Q.

Who made

11

A.

I

12

Q.

How did you learn about the

13
14
15

that request?

don't know who i t was.

request?
Through conversations with

A.

Inspector Mauriello.

16

Q.

He told you or you told him?

17

A.

He brought i t up.

18

i t was

19

knew they were pulled.

20

from

Q.

-- what I

could remember,

When did you first

21

Schoolcraft was

22

He knew that
he

learn that

service?

23

A.

Well,

recording members of the

I

had some idea on

24

night of October 31st when we

25

the

recording device.

212-267-6868

saw the

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LAUTERBORN

Page 280
1

2

Q.

Did you have any idea that he was

3

recording members of the service before

4

that?

5

A.

No.

6

Q.

Did you ever have any discussion

7

with anybody about the fact

8

Schoolcraft was

9

services before October 31,

10

A.

that

recording members of

Again,

11

conversations

12

i t was

the

2009?

overheard in

people recording.

13

Q.

I

that there was

speculation of

want to know about speculations

14

about Schoolcraft recording,

15

those speculations going on?
can't say,

when were

specifically,

when

16

A.

17

but i t was

18

Q.

Throughout 2009?

19

A.

Throughout 2009.

20

Q.

Did anybody ever confront him

21
22

I

just throughout the year.

about that?

A.

I

don't know.

23

MS.

24

can answer.

25

Q.

212-267-6868

METTHAM:

Objection.

When did you first

learn

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LAUTERBORN

Page 322
1

2

second entry in the apartment."

3

There came a

4

Marino said that Schoolcraft was

5

right?

6

A.

Yes,

7

Q.

That was

at a

time when Chief

certain point.
the determination by

8

Chief Marino without the

9

from EMT;

is

an EDP,

input of anybody

that correct?

10

A.

He used the input of the EMT's.

11

Q.

Were they there when he made

12

decision?

13

A.

They were there.

14

Q.

that

They concurred with that

15

decision?
MS.

16

METTHAM:

Objection.

17

A.

I

18

Q.

It appeared to you

19

22
23

that they

acquiesced that decision?
MS.

20

21

don't know.

A.

I

METTHAM:

Objection.

didn't hear anything from

them

saying otherwise.

Q.

There came a

24

Schoolcraft was,

25

cuffed,

212-267-6868

time when

physically,

restrained and

right?
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LAUTERBORN

Page 323
1
2

A.

Yes.

3

Q.

You aided Brooklyn North

4

Investigators

in doing

that,

correct?

5

A.

Yes.

6

Q.

You got on your knees and put

7

your hands

8

correct?

on his

legs and held him down,

9

A.

Correct.

10

Q.

Who were

the

individuals

11

grabbed Schoolcraft and put him on

12

that

floor?
MS.

13

14

A.

METTHAM:

There was

the

Objection.

some members of
don't know

Brooklyn North

16

exactly what part they played in either

17

grabbing Schoolcraft or putting him on

18

floor.

19

Q.

20
21
22
23
24
25

Who were the individuals

Brooklyn North

Hawkins,

first

A.

212-267-6868

the

from

Investigation?

Their names,

A.

Q.

Investigation.

I

15

Gough,

I

I

can only remember

can't remember the other.

Did you know them?

Is

this

the

time you ever -I

knew

them.

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