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 19

Page 64
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CURTIS BOSTON

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walked by and you were standing directly

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behind the TS desk and Caughey glanced at a

4

book or a

log on the desk
MS.

5

PUBLICKER METTHAM:

6

Objection --

7

Q.

Was

Schoolcraft sitting there?

8

MS.

PUBLICKER METTHAM:

9

Objection.

Misstates prior testimony.

You can answer.

10

MR.

11

KRETZ:

Objection.

12

A.

He probably was.

13

Q.

Was Huffman at the desk?

14

A.

Yes.

15

Q.

Was

16

A.

I

17

Q.

Did you say anything to

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there anybody else there?

don't recall.

Schoolcraft after Caughey walked by?

19

MS.

20

Objection.

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MR.

PUBLICKER METTHAM:
Which time?
SMITH:

The only that we've

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been focusing on that she has any

23

recollection so far of.

24

A.

25

I

Just what I

told you.

said that i t was unusual.

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Just what

That's all

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CURTIS BOSTON

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said.

3

Q.

You told Schoolcraft that?

4

A.

That all

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recall

I

recall.

That's all

I

saying.
MR.

6

SMITH:

Can you read back

7

the question and the answer,

8

(Record read.)

Q.

9

please.

What did Schoolcraft say to you

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in response?

11

A.

I

12

Q.

Did Schoolcraft ever ask you to

don't remember.

13

write down what your impressions of

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Caughey's behavior were that day?

15

A.

No.

16

Q.

Did you ever write down your

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impressions about Caughey's behavior that

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day?

19

A.

No.

20

Q.

Do you maintain a

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activity log as a

memo book or

PAA?

22

A.

No.

23

Q.

On the other occasions,

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saw Caughey walk by the TS desk,

25

when you

you?

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CURTIS BOSTON

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2
3

Q.

Can you identify the voices

that

you heard in the 40 minute excerpt?

4

MS.

PUBLICKER METTHAM:

5

second?

6

Q.

Forty second excerpt?

7

A.

I t ' s so many voices,

8

barely hear.

9

Q.

Forty

10

again.

11

I

could

You want to play that again.
Yeah,

I

will definitely play i t

all?

Did you hear your voice in that at

12

A.

Seem like i t .

13

Q.

Did you hear Officer

14

A.

There's a

15

there.

Had I

lot of voices going in

listened more closely.

16

MR.

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and try i t again.

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19

SMITH:

(Whereupon,

Let's go back 625.00

a

tape recording was

played.)

20

MR.

SMITH:

Okay,

stopping the

21

recording playback at 625.44.

22

Q.

23

Did you hear Officer

Schoolcraft's voice in that segment?

24

A.

Yes.

25

Q.

Did you hear your voice in that

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CURTIS BOSTON
segment?

3

A.

Yes.

4

Q.

Who else's voice did you hear in

5

that segment?
A.

6

7

Huffman,

10

hear Sergeant

said,

i t ' s not clear.

Did you hear Officer Schoolcraft

asking you to write down what you thought
made you suspicious?
A.

11
12

but like I

Q.

8

9

Sounds like I

Yeah,

sound like I

heard him say

something to that effect there.

Q.

13

Do you have a

14

him saying that or words

15

recollection of

you?

16

A.

No,

to that effect to

because people say a

17

things

in the precinct.

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trying

just to appease him and be like yeah,

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all right,

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trying to get through the day.

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go into work,

22

and I'm trying to get through the day.

23

Q.

okay,

probably was

okay because,

you know,

I'm

You try to

you try not to get personal

So sitting here today,

24

have a

25

asking you to

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I

lot of

you don't

recollection of Officer Schoolcraft
jot down a

note about what

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CURTIS BOSTON
made you feel

A.

No,

of that,

but I

Q.

5

suspicious;
I

is

that right?

don't have a

recollection

hear i t in there.

You hear i t in there,

6

sitting here today,

7

reason

8

said to you,

okay.

So

you also don't have any

to believe that's

that not what was

right?

9

MS.

10

Objection.

11

A.

PUBLICKER METTHAM:

Okay.

12

said I

13

I

Q.

No,

15

recall

that,

16

recording,

17

reason why --

18

I

that.

I

recall i t .

14

don't recall

didn't say that.
I

just don't

understand that you don't

but after listening to the

can you identify for me any
let me rephrase that.

After listening to the recording

19

and hearing the words,

20

reason for

21

-- no,

22

can you identify any

why you can point to a

reason for

that's not working out either.
Do you have any reason to doubt

23

that Officer Schoolcraft didn't ask you to

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write down what you felt

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MR.

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KRETZ:

suspicious about?
Objection.

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MS.

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Objection.

4

A.

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doubt.

I

I

don't have any more questions

about that.
One more question is when was

8

9

don't have any reason to

just don't remember.

Q.

6
7

I

PUBLICKER METTHAM:

your next regular day of work?

10

A.

You're

11

Q.

No,

12

I'm sorry.

No,

still

in

2009.

A.

May we never leave

Okay.

October 31,

13

talking about right now?

So that was on Saturday.

14

Okay.

15

have been that Tuesday because I

16

it.

My next regular day of work would

the next two days.

Q.

17

was off for

When you got back to work

that

18

day,

did anybody tell you what happened to

19

Schoolcraft?

20

A.

21

recall.

22

just --

23

Maybe somebody could have said something to

24

me.

25

know,

Anybody tell me
I

--

I

don't

know that he wasn't there and I

it's

really i t ' s

just a

blur to me.

I'm not saying that they didn't,

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you

because if somebody not in the
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