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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1
;
LAUTERBORN
Page 183
1
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
1
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
1
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
1
2
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
1
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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