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 18

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Page 120
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your possession?
MR.

3
4

5

6

A.

Caughey

Objection.

SHAFFER:

When

I

retired,

I

never went to the

property clerk to get my guns.

Q.

Why not?
SHAFFER:

MR.

7

Objection.

8

A.

No reason.

9

Q.

Do you carry a
MR.

10

SHAFFER:

gun today at all?
Objection.

11

A.

No.

12

Q.

Do you have a

good guy letter?

MR.

Objection.

13

SHAFFER:

14

A.

Yes.

15

Q.

Do you remember encountering

16

Officer Schoolcraft on October 31,

2009?

17

A.

Yes.

18

Q.

What do you recall about that?

19

A.

I

recall Officer Schoolcraft was

20

sitting at the

telephone switchboard.

was

21

walking by with a

22

which are 20

23

They are very heavy.

24

along with a

25

Officer Schoolcraft making an entry in his

I

couple of command logs

inches

tall by 11
I

had a

inches wide.
few of them

couple of other logs.

I

saw

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Page 121
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Caughey

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memo book.

I

said,

Is

i t up to date?

3

i t on top.

I

will

4

top of the things

5

the office or administrator room with i t .

sign i t .
I

was

I

I

put

put into the

signing.

I

went into

Q.

How long did you keep i t ,

8

A.

I

9

Q.

What did yo do with the memo book?

10

A.

I

6

7

his memo

book?
don't know.

had i t in my office.

11

finished my administrator,

12

was doing,

13

signed --

I
I

And after

I

the paperwork I

then opened his book and
believe

I

signed i t .

14

Q.

And what did you do next?

15

A.

Then made copies of his memo book.

16

Q.

Of the whole book or

17

just

particular pages?

A.

19

I

Q.

18

How many pages was

believe I

made copy of the whole

book.

20

MR.

21

SHAFFER:

that?

Objection.

A.

I

23

Q.

More

than ten?

24

A.

More

than ten.

25

Q.

Would you take a

22

i

212-267-6868

don't know how many pages

i t is.

look at what has

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Caughey

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been marked as Exhibit 45,

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which appears

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Schoolcraft's memo book dated August 11,

5

2009.

to be a

first page of

cover page for Officer

6

Can you tell me after looking at

7

this exhibit whether or not these were the

8

pages

A.

9

10

that I

11
12

that you photocopied on October 31st?
I

cannot say these are the pages

copied that day.

Q.

Why did you photocopy pages or the

whole memo book?

A.

13

As

I

was

signing Schoolcraft's memo

14

book I

noticed on one of the back pages,

15

which was referred to earlier as a

16

what I

thought to be an unusual entry.

17

Q.

What was

18

A.

If I

the unusual entry?

recall correctly,

19

entry about a

20

Sawyer having an argument at roll

Q.

21

fly page,

i t was an

Sergeant Gallina and a

And as a

22

entry,

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Sergeant

call.

result of seeing that

entire memo book?

A.

24
25

you decided to make a

but I

212-267-6868

photocopy of the

There was another entry in there,

don't recall what i t was about.
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~l

Schoolcraft's memo book?

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A.

No.

4

Q.

8641 there are references to a

5

meeting between Schoolcraft and Lieutenant

6

Brill.

7

Were you aware of those references

8

in Officer Schoolcraft's memo book when you

9

made a

photocopy?

10

A.

I

was not.

11

Q.

As of October 31,2009 were you

12

aware that Officer Schoolcraft was discussing

13

any matters with Lieutenant Brill?
MR.

14

SHAFFER:

Objection.

15

A.

No.

16

Q.

As of October 31st,

at the time you

17

took Officer Schoolcraft's memo book did you

18

know that Officer Schoolcraft had contacted

19

IAB?

20

A.

No.

21

Q.

As of October 31st,

22

did you know

that Officer Schoolcraft contacted QAD?

23

A.

No.

24

Q.

Why did you make the photocopy of

25

Officer Schoolcraft's memo book?

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MR.

A.

7

Caughey

SHAFFER:

Objection.

For the unusual entry that he made

in i t .

Q.

5

6

What did you do with that

photocopy?

A.

I

placed a

copy --

8

copies of the memo book.

9

in my office and I

10
11
12
13

l

I

I

made two

believe I

put one

put another copy into the

inspector's office.

Q.
in the

When you say you put another copy
inspector's office,

A.

I

went into his office with the

14

copies

15

drawer of his desk.

16
17

in a

what do you mean?

Q.

manila envelope.

Did you write a

note

I

put i t in his

in the manila

envelope or on the manila envelope?

18

A.

No.

19

Q.

Did Mauriello know you were making

20

copies of the memo book at the

21

making them?

22

A.

No.

23

Q.

Did you tell

time you were

Inspector Mauriello

24

after making the copies that you made copies

25

and put a

212-267-6868

copy in his desk drawer?
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