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 3

Page 48
S.

1

2

CO,

3

officer at 81st Precinct in 2006.

4

and then

MAURIELLO

Q.

I

went to become executive

Did you consider the move from

5

being a

CO at the borough crimes unit to

6

the XO of the eight one to be a

7

A.

No.

8

Q.

Lateral

9

A.

No,

demotion?

I

transfer?

chose i t because

10

to become a

11

precinct.

12

in line being a

13

borough crime,

14

people ahead of me

15

time.

16

I

want

and earn my way back up again.

17

Q.

I

commanding officer of a
At the

time

I

thought i t was

commanding officer at
but there were other
I

guess with less

wanted to go back to be an XO

Who were the lieutenants

that

18

reported to you when you were

19

commanding officer at the Brooklyn North

20

borough crimes unit?

21
22
23
24
25

A.

Lieutenant Furiello

and Lieutenant Galazzo

Q.

the

[phonetic]

[phonetic] .

What about the sergeants,

what

were the names of the sergeants?

A.

212-267-6868

Smith,

Zefferin

[phonetic],

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1

Q.

2

Am I

MAURIELLO
correct that the f i r s t

3

time you worked with Lieutenant

4

Delafuente is when you went to

5

one as

the XO?

6

A.

Yes,

sir.

7

Q.

Am

correct that the f i r s t

I

the eight

8

time

9

Caughey was when you reported as

10

that you got to know Lieutenant
the XO

to the eight one in 2006?

11

A.

Yes,

12

Q.

How long were you

13

eight one?

14

A.

I

15

Q.

What was your next assignment?

16

A.

Commanding officer at the 8lst

17

sir.

believe a

the XO at the

year.

Precinct.

18

Q.

Who made

19

A.

One Police Plaza.

20

Q.

You don't know who

21

that decision?

in

particular had any role in that?

22

A.

No.

23

Q.

Do you recall

24
25

the date that you

became the CO?

A.

212-267-6868

I

think December 1,

2007.

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S.

1

Q.

2

3

when is

4

MAURIELLO

What about Lieutenant Caughey,

him?
A.

5

6

the last time

I

that you spoke with

haven't talked to him since

I

left the precinct.

Q.

7

8

was

9

What about Chief Marino,

when

Marino?
A.

10
11

the last time you spoke with Chief

at a

think

COMPSTAT a

Q.

12

I

I

might have

seen him

year ago.

When was

the last time

13

spoke with him about the

14

the

15

that you

case or about

Schoolcraft?

situation or about Officer

MS.

16

17

Objection.

18

A.

PUBLICKER METTHAM:

I

guess after

19

article,

20

February 2010

21

public knowledge then.

22

the newspaper

know.

23
24
25

Q.

the Daily News article.
I

know i t came out.

It was

We all didn't

What did you discuss with Chief

Marino about the Daily News article?

A.

212-267-6868

You know,

i t was

that he don't

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2

believe,

you know,

Q.

3

MAURIELLO
hang in

Chief Marino
the

statements

there.

told you he didn't

4

believe

that were

5

February 2010 Daily News

6

what you're

in

article;

the

is

that

saying?

7

A.

Yes.

8

Q.

What were

9

10

the

saying he didn't believe?
The whole article

A.

12

I t was

13

know,

14

officer being at

15

afterwards

16

in

17

there.

18

read the Daily News,

a

i t wasn't --

that day,

What was

A.

so,

a

22

was a

front page,

23

i t was

24

stuff was

25

should have done a

coming,

i t about

two-page
you know,

you know,

inaccurate.

I

had

I t was
to go down

Everybody

you know . . .

that cast you

I t was

commanding

leaving.

Everybody read i t .

article

212-267-6868

a

you

the borough and then

everybody's

newspaper

Q.
News

in general.

character assassination,

again,

the

19

21

that

to your understanding Chief Marino was

11

20

statements

the Daily
in bad light?
article.

It

didn't know

and some of the
think

they

retraction.

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MAURIELLO

Two of the complaints

2

that

3

Officer Schoolcraft brought to

4

attention of the quote/unquote,

5

News and QAD

6

with the

7

do with other commands first had the

8

opportunity to take the report.

9

have should have

10

the
Daily

really had nothing to do

81st Precinct.

It really had to

They

took the report.

Somehow I

don't know anything

11

about these

12

QAD in May and I'm reading articles

13

don't know anything about these people.

14

I

15

know.

17

never heard of this

Q.

16

incidents until

stuff,

I'm not sure I

I

go down to

so,

I

you

asked a

clear

question.
Can you tell me what is

18
19

about the February 2010 article

20

you in a

A.

21

it

that cast

negative light?
Listen,

he said I

was purposely

We purposely

22

misclassifying reports.

23

were throwing them in the garbage pail.

24

I

25

read the report.

got--

212-267-6868

from

there,
I

you know,

I

got to

haven't looked at

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MAURIELLO

2

that article

3

been other articles afterwards.
When

Q.

4

in a

long time.

There's

the article came out,

5

remember having a

6

Marino about

7

right?

8

A.

you

9

the

discussion with Chief
subject of the article,

Because i t was

Chief Marino,

there was

a

--

not only

other people.

10

This

11

News.

12

two pages

13

Officer Schoolcraft's picture

in i t ,

14

know,

talk about

15

it.

16

it.

was

the

front page of the Daily

When you open up

the paper,

-- my picture was

in

so how you not going to
My family

sees

it.

it's

it.
you

Everybody sees

17

Q.

Mr.

Marino?

18

A.

Mr.

Marino?

19

Q.

Inspector Marino

20

-- Mauriello.

Two mistakes.

21

A.

I t wasn't me.

22

Q.

Mr.

Mauriello,

23

you want to be addressed.

24

I

don't know how
I

will

try to

get i t correct.
I

25

212-267-6868

understand there was
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S.

1

in

MAURIELLO

2

article

the Daily News with a

3

of you

4

talked about i t and you

5

of people about i t including your wife,

6

kids,

in i t .

I'm sure a

friends,
I'm

7

lot of people

talked to a

just focussing

conversation

9

Marino about the Daily News
we

on the

that you had with Chief

just stay on
MR.

11

lot

everybody else.

8

10

picture

article,

can

that?

KRETZ:

12

what cast him in a

13

told you

14

You

then asked him

Marino.

the brief conversation with

MR.

15

bad light so he

SMITH:

16

go back to

17

Q.

to

Chief Marino.

18

Now we are going

the brief conversation with

Can you

tell me what i t was

19

that you said to him,

20

said to you?

21

A.

If

I

what i t was

remember,

that he

i t was after

22

commanding officer being at the borough.

23

I t was over.

24

"Keep your head up

there.

25

the paper before.

Don't worry about i t .

212-267-6868

He

came up

to me,
I

he

said,

have been

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2

I

3

MAURIELLO

left.

don't believe it."

I

4

That was

didn't want to

it.

interact with

5

too many people that day because,

6

know,

7

you know,

8

life.

9

integrity.

I

you do
do.

I
I

things by the book in
base myself on honor and

was

raised the right way.

When you read an article with

11

--

12

talk

14

you

i t ' s kind o f - - especially when,

10

13

I

so that day I

really didn't want to

to anybody.

That was

Do you recall

Q.

this false

it.

anything that you

said to Chief Marino?

15

A.

"Thank you."

That's

16

Q.

So is i t fair

to

it.

say that Chief

17

Marino came up to you unsolicited and

18

said,

19

it?

20

A.

I

support you,

I t ' s fair

don't worry about

to

say everybody in

21

that room came up to me unsolicited and

22

said they supported me.

23

talk about 35 people in that room so not

24

only Chief Marino,

25

room.

212-267-6868

So you want to

everybody in that

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2

A.

They both have
MR.

3

4

MAURIELLO

KRETZ:

this?
THE WITNESS:

6

MR.

LEE:

I

9

THE WITNESS:

10

the

11

Q.

14
15
16

the Bates

number?
MR.

13

don't know.

What is

8

12

sign i t .

Whose handwriting is

5

7

to

126.
He is asking about

signature.
No.

underneath,
A.

SMITH:

I

I

7,

was asking about the box

whose handwriting is

don't know.

I

that?

assume

Sergeant Stukes.

Q.

When was

you saw this

the first

time at that

document?

17

A.

Honestly,

right now.

18

Q.

As of the time of this meeting,

19

is i t correct that Officer Schoolcraft

20

said he wanted to appeal his evaluation?

21
22
23
24

A.

Yes,

He had 30 days

Q.

I

think

30 days before.

to appeal

it.

So can you turn your attention

back to Exhibit 51.

25

[Witness complying.]

212-267-6868

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S.
Q.

2

3

Which is

evaluation for

the

2008 performance

Schoolcraft.

Do you have

4
5

MAURIELLO

that from front

of

you?

6

A.

It's

70.

7

Q.

Yes,

70

8

A.

Yes.

9

Q.

Do you have

10

front

through

72.

that document

in

of you?

11

A.

Uh-huh.

12

Q.

This

13

A.

Yes.

14

Q.

In

15

there

16

of a

17

is

a

the

2.5,

the upper

reference

transfer,

A.

is

right-hand corner

to a

what is

right?

recommendation

that?

Sergeant Stukes recommended to

18

transfer him.

He wasn't taking well

19

instructions.

I

20

went with

21

to another precinct.

22

23
24
25

Q.
tried to

A.
is your

212-267-6868

reviewed and agreed.

that evaluation to

What happened with
transfer

to
We

transfer him

--

so you

Schoolcraft?

What the evaluation says,
recommendation,

what

transfer him.

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MAURIELLO

2

They have an appeal board like I

3

year before with people that get 2.5.

4

went the

Chief Marino has an appeal

5

board with borough inspectors and they

6

bring in ICO and the CO.

7

was

8

to transfer him.

the recommendation when

Q.

9

10

will

I'm not sure

try to ask a

11
12

I

Is

I

guess

that

they went in

understand.

I

more clear question.

that your signature on the

last page of that document?

13

A.

Yes.

14

Q.

Did you sign this document on

15
16

April

27th,

A.

2009?

Yes.

I

believe I

signed the

17

document the day he appealed i t ,

18

know,

19
20

we all

Q.

signed i t that February.

So why is i t --

is

that your

handwriting --

21

A.

22

Q.

23

you

i t gives

Yes.
next to your signature where
the date

4/27/09?

24

A.

Yes.

25

Q.

Why did you date i t 4/27/09?

212-267-6868

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2

A.

MAURIELLO

I t was dated I

believe back in

3

February.

4

evaluation over to

the borough

5

higher borough has

to do i t .

6

over to

7

reason why another one had to be done.

When you appeal you

the borough.

8
9

I t was

sent

don't know the

Schoolcraft the information
had to do

11

time he wrote a

12

don't know why.

13

don't know

14

didn't want

15

i t was dated.

16

office.

17

appealing i t .

18

going to appeal

19

borough.

21

'cause the

We also give Officer

10

20

I

send the

Q.

to write a

letter.

letter was
This

The first

September.

I

is dated April.

I

i f they lost the
to do

to do what he

letter,

i t over again,

He signed i t in

Everybody signed i t .
It was well
it.

And we

whether

the
He's

known he was
sent to

I t ' s out of my hands

now.

As

the

the

of February 2009,

paperwork was

sent to

22

A.

Yes.

23

Q.

As

the borough?

of February 2009,

24

recommending to

25

Schoolcraft be

212-267-6868

the borough
transferred;

you were

that
is

that

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MAURIELLO

a

reviewer,

correct?

3

A.

As

4

Q.

You signed off on

5

yes.
the request

that Schoolcraft be transferred,

6

A.

Yes.

7

Q.

And that was

right?

8

reference or a

9

initially a

suggestion by Stukes

you agreed with?

10

A.

And Delafuente.

11

Q.

So both you,

that

Stukes,

and

12

Delafuente believed that Schoolcraft

13

should be transferred as

14

2009;

is

of February

that correct?

15

A.

Yes.

16

Q.

Why didn't that happen?

17

A.

I

don't know.

18

other people who were

19

for

20

the

Q.

I

got a

lot of

transferred into me

same evaluation so . . . .
You see the number

21

lower left-hand corner for

22

2.5

in the

evaluation?

23

A.

Down here?

24

Q.

You see that 2.5?

25

A.

Yes,

overall

212-267-6868

sir.

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How is

Q.

2

MAURIELLO

MS.

3
4

A.

PUBLICKER METTHAM:

Objection.

5

that calculated?

By the points,

6

points added up.

7

procedure.

8

states

9

by his quarterly

or below.

I

There is a

forget

the number that

i f you have less

If for

10

patrol guide

than

40,

i t ' s 2.5

any reason you have less

11

than 40

12

you have

13

comments and performance monitoring will

14

not take i t unless you can

15

you're getting the lower points rating

16

and you're going to give him the higher

17

rating.

18

Q.

and you get higher than a
to be able to

2.5,

justify i t in the

justify why

The six and the nine

that I

19

showed you for

20

quarter 2008,

21

that come into play in calculating this

22

2.5;

is

the second and third
those are

the

two numbers

that correct?

23

A.

Yes.

24

Q.

So you agree with me

25

that since

the quarterly ratings are subjective but

212-267-6868

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2

this overall

3

right?

4

A.

5

points

6

procedure says below 40,

7

top of recommendations.

8

9

rating is also

subjective,

If you added the points up,
come up below 40,

Q.

I

the patrol guide
you get 2.5 on

understand that.

trying to make sure I

10

Am I

I'm

just

understand what is

going on here.

11

the

correct that

the 2.5

12

based on the quarterly evaluation

13

numbers,

is

right?
MS.

14

PUBLICKER METTHAM:

15

Objection.

16

A.

Yes.

17

Q.

If you get less

18

calendar year,

19

than

40

in a

that means you get a

2.5,

correct?

20

A.

Yes.

21

Q.

I t ' s also correct that the

22

quarterly evaluation numbers

are a

23

subjective assessment by the

supervisors

24

of the performance of the officer,

25

A.

212-267-6868

right?

Yes.
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MAURIELLO

Objection.
Objection.

3

MR.

KRETZ:

4

You may answer.

5

A.

No.

6

Q.

I'm going to

7

being marked as
MR.

8
9

10

the next exhibit,

a

Let's mark

22.

22,

this

[The document was

12

as

13

identification,

I

as

This

15

2846

to

16

Brown to

17

11th

18

Q.

1

is a

47.

as

of this

57

as

well.

for
date.]

two-page document NYC

It's

a

letter from

Steven Mauriello,

2009

don't have

hereby marked

Plaintiff's Exhibit 57

14

57.

This was actually

SMITH:

previously marked as

11

19

show you what's

James

dated March

o

Have you ever seen this

document before?

20

A.

Yes.

21

Q.

When did you

22

first

see i t for

the

time?

23

A.

I

24

Q.

Of 2009?

25

A.

Of 2009.

212-267-6868

guess

sometime in March.

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S.

Q.

2

3

MAURIELLO

Did you review i t when you

received it?

4

A.

Yes.

5

Q.

Did you forward i t to anybody?

6

A.

Yes.

7

Q.

Who did you forward i t to?

8

A.

I

9

called up Chief Nelson,

two-star chief of the borough.

10

him I

11
12

evaluation.

13

borough,

14

evaluation,,

15

channels

16

his

told

an officer who is appealing his

17

18

got a

I

letter trom an attorney from

He said send i t to up to the

let i t follow up the
and i t will go

to him,

to proper

and he will give i t to

review board.

Q.

How did you send this

to Chief

Nelson?
Objection.

19

MR.

KRETZ:

20

MS.

PUBLICKER METTHAM:

21

Objection.

22

A.

23

to his

24
25

I

had someone hand-deliver i t

officer in an envelope.
MR.

for

212-267-6868

SMITH:

I'm going to call

the production of the

copy or the

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MAURIELLO

2

original of the document that was

3

delivered to Chief Nelson as

4

by Inspector Mauriello.
MS.

5
6

request

7

testified

PUBLICKER METTHAM:

writing.
I

8
9

that you make

that

I

request in

would also ask i f you believe

there is

anything different with

10

copy than

11

MR.

12

said there was

13

but i t was misplaced and then

14

one was

this

the original?
SMITH:

Well,

the Witness

an original

letter sent
another

sent.

15

MS.

PUBLICKER METTHAM:

16

MR.

SMITH:

When

--

That's my
Apparently

17

understanding.

18

some sort of file

19

that

20

there

is

what I'm looking for.

I

haven't seen before

I

21

at the borough level
so

understand from all

22

commotion,

23

something so that leaves me

24

MR.

212-267-6868

KRETZ:

I

the

questions.

25

maybe

of

that's

misunderstood

He

to

some

said he got the

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letter and sent i t on.

3

MR.

SMITH:

4

THE WITNESS:

That's all.

Let's

just go back.

The evaluation I

5

got was

sent to the borough before the

6

letter,

the letter came after.

7

Q.

Right.

In February 2009 you

8

shipped out paperwork to

the borough,

9

right?

10

A.

Yes.

11

Q.

Didn't you tell me

that some of

12

that paperwork got misplaced or mislaid;

13

that's why i t had to be resent?

14

I

A.

said I

don't know why we had

15

to do another one in April

16

signed another one.

2009 when

That's all

Do you agree with me

I

I

said.

that the

17

Q.

18

reason for

19

documentation has

20

the fact

21

documentation although there was at the

22

time that you sent this

23

view of the documentation?

A.

212-267-6868

something to do with

there was not adequate

MR.

24
25

having to resign all of that

KRETZ:

Take a

stuff up

in your

Objection.

look in

the

computer

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2

MAURIELLO

too.
MR.

3

KRETZ:

I

believe

4

been produced to you.

5

understand why there

6

original

SMITH:

8

explain why.

9

was

not a

need for

an

I'm trying

to

to me

there

clear record what was

transmitted to

11

borough

12

you're

13

everything,

the eight one

relating to

this

to

the

appeal.

If

telling me you produced

MS.

15

question

16

a

17

the

fine.

PUBLICKER METTHAM:
is:

Do you believe

difference between

18

is a

I t appears

10

14

don't

of one you got copied of.

MR.

7

I

they have

My
there

is

the original and

copy that you have been produced?
MR.

SMITH:

19

This

20

sheet on

21

23

ICO fax

there

is.

i t showing this

transmittal
was

MS.

PUBLICKER METTHAM:

MR.

SMITH:

Sent to

IAB.

24
25

an

know

photocopied.

22

one has

I

another

Right,

so

there is

copy hand-delivered according
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2

to the borough and there is probably a

3

file

in the borough.
MS.

PUBLICKER METTHAM:

MR.

4

SMITH:

Well,

it

5

6
7

want me

9

10

i f you

to answer your question.

There

8

Let me finish

is probably a

file

in the

borough pertaining that to appeal and
I

want a

copy of i t .

MS.

11

PUBLICKER METTHAM:

12

been produced.

I

13

you

14

exclusive facts,

15

document

in the file

16

have has

a

17

which was

18

MR.

That's

also state that what

just said are not mutually

fax

that there is

a

and the copy we

number from

the

sent to

IAB.

SMITH:

All right.

ICO

19

Q.

don't

want to waste anymore time.

20

I

21

You called Chief Nelson and

told him you got this

22

A.

Q.

And he

right?

Right.

23

letter,

24
25

told you to

up and you sent i t on up,
A.

212-267-6868

send i t on

right?

Yes.
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2

3

MAURIELLO

Did you have any discussions

with anybody else about this

4

A.

No.

5

Q.

Did you talk

letter?

6

eight one who

7

to anybody at the

reported to you about this

letter?

8

A.

Not that I

9

Q.

So all

recall,

no.

of these guys

10

met at the appeal meeting,

11

tell

them about this

who you

you didn't

letter?

12

A.

I

don't recall.

13

Q.

You don't remember?

14

A.

No,

15

Q.

The first paragraph of the

I

don't.

16

letter says

that

17

because of

18

Schoolcraft got,

19

by our client to assist him with his

20

pending appeal.

the

they are writing this

two five

that Officer

and we have been asked

Do you

see

21

A.

Yes.

22

Q.

When you got this

that?

23

March 2009,

24

pending appeal

25

to

you believed there was

the borough,

212-267-6868

letter in

and i t had been

a

shipped up

right?

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2

A.

Yes.

3

Q.

There is also a

4

the next paragraph to,

5

understanding,

6

Schoolcraft's

7

understanding that a

8

command has

9
10

reference in

quote,

i t is our

referring to Officer
lawyers,

i t ' s our

final

decision from

not yet been rendered.

Do you have any understanding
as

to what that is
MS.

11

in reference

to?

PUBLICKER METTHAM:

12

Objection.

13

A.

I t ' s an appeal

that could be

14

overturned by the borough.

15

he's

16

appealing.

17

Q.

that's why they are

trying

In

the next page of this

18

document,

19

lawyer for

20

concerned that the

21

evaluation he got related to

22

of arrests and summonses

the first full paragraph,
Schoolcraft says

Do you

23

24

A.

Yes,

25

Q.

Is

212-267-6868

That's what

two five

the

that they are
negative
the number

that he

issued.

see that reference?

sir.

i t fair

to say that's

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MR.

2

3

MAURIELLO
SMITH:

exhibit as Exhibit 58.
[The document was hereby marked

4

5

as

6

identification,

7

MR.

8

Mark the next

Plaintiff's Exhibit 58

for

as of this date.]

SMITH:

I

have multiple

copies of Exhibit 58.
This

9

for

the record is a

10

one-page document NYC2626.

11

memo from Officer Schoolcraft to

12

Deputy Inspector Mauriello dated

13

September 2,

14

Q.

15

It's a

2009.

Have you ever seen this

document before,

Inspector?

16

A.

Yes.

17

Q.

When did you see i t for

18

first

the

time?

19

A.

Sometime in September.

20

Q.

Of

21

A.

'09,

22

Q.

Did you review i t when you

23

24
25

'09?
yeah.

Sorry.

received it?

A.

I

was kind of surprised because

the evaluation was

212-267-6868

in February.

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If he

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S.

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MAURIELLO

2

wanted to appeal

3

letter already up.

4

I

was

5

a

little

it,

figure

Now i t ' s

he

sent a

September.

taken aback by this.

You were

Q.

I

taken aback because

6

you believed that Officer Schoolcraft

7

wanted to appeal

8

right?

9

A.

That's

this

in February

what the patrol guide

10

states,

11

the patrol guide and he's

12

within

13

up

to

14

so

I

15

of.

16

that's what he

30 days

he was

said.

We gave him

supposed to

supposed to

the borough above us

for

send i t

the

thought i t was already taken
I

'09,

appeal
care

don't understand this.

Q.

What was

i t that you gave

17

Officer Schoolcraft that would lay out

18

his appeal process?

19

A.

I

believe that Lieutenant

20

Mascol handed him over how to appeal

21

evaluation.

22

and also a

23

where

24

score is.

25

Q.

212-267-6868

an

He handed that document over
document of the patrol guide

the points

Is

add up

to what your

the document about how to
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2

appeal

an evaluation,

3

is

that a

patrol

guide procedure?

4

A.

Yes.

5

Q.

And at the appeal meeting,

you

6

saw Lieutenant Mascol

hand Officer

7

Schoolcraft copies

those procedures?

8

A.

9

He was

10

Yes.

Q.

of

You can actually hear i t .

reading i t off.
Because you

You hear him.
listened to

11

tape

recording and you are

12

can actually hear i t being done.

13

the

understand that.

14

My question

15

saw Mascol do

16

procedure

17

A.

18
19

to

that,

is:

I

You actually

hand the patrol guide

Schoolcraft;

is

that right?

Yes.
MS.

PUBLICKER METTHAM:

For the

record i t ' s Mascol?

20

MR.

21

THE WITNESS:

22

telling me you

SMITH:

M-A-S-C-0-L.

23

MR.

24

anymore.

25

Q.

212-267-6868

You

SMITH:
It's

Thank you.
Mascol.
thought i t was
I

don't

a

W.

think

almost five.

When you got this

letter,

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2

were

surprised to get i t because you

3

thought he already had taken

4

necessary to appeal his evaluation?
A.

5

Yeah.

6

says within

7

the

steps

The patrol procedure

up.

9
10

What did he have

Q.

8

than

30 days you have

to

to do other

check the l i t t l e box in

the

performance evaluation to appeal
I

A.

11

believe,

i f you have

12

of you,

the patrol guide

13

write a

letter to

14

send i t

it?
i t front

appealing i t .

16

l i t t l e box is

insufficient?

17

The patrol guide procedure

A.

18

you are

19

there

so

Q.

20
21

supposed to

send a

says

letter up

i t wasn't.
Do you know what happened to

his appeal?

22

A.

Sent to

23

Q.

What did

24

A.

I

25

to

the borough saying he's

And the

Q.

15

says he has

with

212-267-6868

the borough.
they do with it?

thought they already came up

something.

I

don't know.

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2

Q.

You have no

3

A.

I

4

months

5

Q.

I

didn't ask you

6

A.

I

don't know what happened with

7

don't know why he waited five

send i t too.

the evaluation,

8
9

to

Q.

idea what happened?

that question.

no.

Did you

take any steps after

receiving this memo?

10

A.

I

called up

11

to Sergeant Devino,

12

something in

13

have already have

the borough,

and I

14

THE WITNESS:

16

MS.

got

should

already."

THE REPORTER:

15

"I

You guys

the mail.
this

said,

talked

Sergeant?
Devino.

PUBLICKER METTHAM:

17

D-E-V-I-N-0.

18

Q.

Who

19

A.

I

think

20

I

21

chief,

appeal

22

Silks,

one of the

23

Q.

24
25

think

is

Sergeant Devino?
the personnel

she handles
for

the

sergeant.

stuff for

the

Chief Marino or Chief
two.

Devino reports

to Silks

and

Marino?
A.

212-267-6868

Actually,

she reports

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to

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2

Nelson,

3

sergeant on

4

appeals,

5

other chiefs handling those

6

7

but when she's

that side when i t comes

she goes

Q.

the personnel

to one of

those

to

two

appeals.

When you called up Devino,

did she

what

tell you?

8

A.

She said,

9

Q.

They have what?

10

A.

They have the evaluation,

11

"They have

it."

his

appeal.

12

Q.

So

13

A.

I

14

Q.

-- you

-don't
took

15

Schoolcraft did take

16

to appeal

17

A.

it,
I

that to mean
the

steps

that

necessary

right?

took

i t they have

the

18

evaluation that you said you don't know

19

where

20

i t went,

they had i t .

Let's back up.

Q.

You got this

21

memo,

22

because he had already

23

appeal

24

A.

Yes.

25

Q.

You contacted Sergeant Devino,

212-267-6868

you said to me you were

it,

taken

surprised
steps

to

right?

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2

A.

No.

3

Q.

So you didn't discuss

4

i t with

anybody at the appeal meeting?
The appeal meeting was back in

A.

5
6

February

7

This

'09.

This is

September

'09.

is five months before this.

8

Q.

Five months after

9

A.

This

is after.

this?

Everybody in

10

the appeal meeting heard he wanted to

11

appeal.

12

about i t .

13

They told him what to do.

14

months

15

Q.

16
17
18

There was nothing to discuss
He

later.

said he wanted to appeal.
is five

After.

Did you ever discuss Officer

Schoolcraft's appeal with Chief Marino?
A.

I

think there came a

time we

did talk.

19

Q.

When was

20

A.

I

21

This

that?

think right after when he

appealed i t .

22

Q.

When was

23

A.

February or beginning of March.

24

Q.

What did you discuss?

25

A.

Officer appealing his

212-267-6868

that?

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2

evaluation part of the 2.5.

3

think he might need a

4

to benefit him.

5

in the

6

well

7

he can go

to Greenpoint,

8

precinct,

may be better for him,

9

will

said,

"We

change of scenery

He seems not to be happy

81st Precinct.

to his

I

He doesn't take

supervision.

We

think maybe

nine four
maybe he

like the work over there better."

10

Q.

What did Chief Marino did?

11

A.

He will

12

Q.

Did you have any other

13

discussions

14

look into i t .

with Chief Marino about the

appeal?

15

A.

No.

16

Q.

Do you recall any discussions

17

that you ever had with Chief Marino about

18

Officer Schoolcraft other than

that one?

19

A.

No.

The night of.

20

Q.

The Halloween night?

21

A.

Halloween night.

22

Q.

Other than this discussion

23

about the appeal

24

night discussions,

25

other discussions with Chief Marino about

212-267-6868

and other than Halloween
you never had any

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2

mind that Officer Schoolcraft had been

3

tape recording at the eight one?
MR.

4

A.

5

KRETZ:

No.

Objection.

On the appeal meeting if

6

you listen to

7

asked him,

8

when i t was

9

think an officer would be tape recording

10
11

a

the

Sergeant Weiss

"Are you tape recording this?"
all over.

fellow officer,
Q.

tape,

At no

time did I

so no.

You would agree with me

there

12

were some individuals at the February

13

appeal meeting that believed that Officer

14

Schoolcraft was

taping,

right?

Objection.

15

MR.

KRETZ:

16

MS.

PUBLICKER METTHAM:

17

Objection.

18

A.

He kept saying,

the

So we

19

number?

20

didn't understand what he meant by that.

21

Q.

What's

"What is

I

the standard?"

understand that.

But my

22

question to you is:

23

that meeting,

24

members of the service who participated

25

in that meeting believed that Officer

212-267-6868

At the conclusion of

you understood that certain

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At that PG or meeting,

Q.

2

MAURIELLO
Chief

3

Marino and Brooklyn North investigations

4

personnel were there,

right?

5

A.

Captain Lauterborn,

yes.

6

Q.

Captain Lauterborn,

you,

7

other people,

and

correct?

8

A.

That was about i t .

9

Q.

That was

in the context of that

10

meeting that the

11

Schoolcraft having a

12

up?
A.

13

14

reports

Yes,

tape recorder came

along with complaint

and calling a

Q.

15

subject of Officer

Inspector,

criminal.
when was

that you became aware

the first

16

time

17

doing any kind of investigation of the

18

eight one?

19

A.

I

20

down

believe there was

message near

21
22

23
24

25

a

telephone

the end of October calling

two cops

Q.

that QAD was

to QAD.

How did you become aware of

that telephone message?
A.

I

believe my crime analysis

sergeant asked me what this

212-267-6868

is

about.

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Who is your crime analysis

2

Q.

3

sergeant?

4

A.

Sergeant Seymour

5

Q.

What did you tell

6
7

8

[phonetic] .
Sergeant

Seymour?
I

A.

said,

"Let me make a

phone

call over there."

9

Q.

Who did you call?

10

A.

I

11

who is

12

Q.

What did Cronin tell you?

13

A.

I

spoke to Inspector Cronin,

now Chief Cronin.

just asked her,

14

telephone message here.

15

should worry about?"

16

"Anonymous

17

investigate.

18
19

Q.

letter.

"There is a

Anything

I

She said,
They're going to

No big deal."

She didn't tell you what the

investigation was about?

20

A.

Nope.

21

Q.

Did she tell you anything about

22

the investigation?

23

A.

No,

she didn't.

24

Q.

Was

there a

25

time before

that

conversation that you had with somebody

212-267-6868

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2

at QAD where you suspected that maybe QAD

3

was with doing an investigation into the

4

eight one?

5

A.

No.

6

Q.

So the first hint that you had

7

of any kind of QAD investigation at the

8

eight one was

9

October when a

sometime near

crime analysis

10

brought to your attention

11

were

these phone messages,

12

A.

13

That's

14

Q.

15
16

Yeah,

the end of
sergeant

the fact

there

right?

telephone messages.

the first.
Do you know what day that was,

whenever that came down?
A.

It had to be whenever i t came

17

down.

18

know i f

19

went back.

20

Q.

21
22
23

Whenever I
I

was working.

I

was at PMI or whenever

don't
I

first

Who were the officers being

called down?
A.

I

think Deck

[phonetic]

and

maybe Santana.

24

Q.

25

month?

212-267-6868

When were you at PMI

that

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2

MAURIELLO

in?
A.

3

They went in first.

Chief

4

Marino was behind them.

5

walked in.

6

Chief

7

Captain Lauterborn walked around

8

everybody into a

9

sitting on

It's a

told me

Myself and Teddy

small apartment.

to handle

small

the bed.

10

the bed.

11

happened today?

12

room where he was

He was

said,

sitting up on

about you. "

13

And I

i t so myself and

We were all

Let me

Q.

"Adrian,

you don't mind,

15

the apartment at this
The

A.

the

worried

just interrupt you i f

14

16

what

Who was

Inspector.
time?

three ESU,

captain,

in

17

myself,

18

investigations unit,

19

the

chief,

Lauterborn,

Lieutenant Brosschart.

and I

20

Q.

Ten people;

21

A.

I

22

Q.

Well,

23

this

down

A.

212-267-6868

think

that right?

so.

let's,

I

want to nail

i f you don't mind.
There was

24
25

guess

is

the

Uh-huh,

three ESU people?

yes.

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2

Q.

Marino?

3

A.

Yes.

4

Q.

Captain Lauterborn?

5

A.

Yes.

6

Q.

And three people from Brooklyn

7

investigations?

8

A.

Yes.

9

Q.

And Lieutenant Brosschart?

10

A.

Yes.

11

Q.

And yourself?

12

A.

Yes.

13

Q.

Anybody else?

14

A.

I

15

been in

16

think people,

EMS might have

don't know.

Q.

17

the hallway or downstairs,

But those

I

ten people including

18

yourself were

in Officer Schoolcraft's

19

apartment when you were speaking to him

20

in front

of his bed,

right?

21

A.

As

22

Q.

Then what happened?

23

A.

Myself and Captain Lauterborn

far

as

I

know,

in his bedroom which

yes.

24

was

25

room when you first walked in.

212-267-6868

connected to

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I

the

said,

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S.

1

MAURIELLO

2

Q.

3

Mauriello,

4

Officer Schoolcraft was back at the

5

precinct and you were worried about him?
A.

6

7

your

Is

that your voice,

saying that

Yes,

the

we were all

Inspector

last you saw

worried about

safety and wellbeing.
MR.

8

That's your voice?

KRETZ:

9

Q.

That's your voice,

10

A.

Yes.
MR.

11

the

12

SMITH:

I'm going to play

recording at 2.48.
[Whereupon,

13

right?

14

Q.

recording is

playing.]

15

a

Did you

16

the

tape which

17

come back to

just hear

says,

"Well,

that part of
you're gonna

the precinct with us"?

18

A.

Yes.

19

Q.

Was

20

A.

Sounded like me,

21

Q.

Do you have any reason

22

25

yes.
to

think

that wasn't you?

23
24

that your voice?

A.
I

Who knows

i f he

spliced tapes,

don't know.

Q.

You can speculate about a

lot

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2

MAURIELLO

of things.
Sitting here

3

today,

I'm asking

4

you whether you have any reason

5

believe

to

that wasn't your voice?

6

A.

That's my voice.

7

Q.

So you did tell Officer

8

Schoolcraft,

9

back

to

"Well,

you're going to

the precinct with us";

come

i s n ' t that

10

right?

11

A.

Yes.

12

Q.

So playing that piece of the

13

recording refreshes your

recollection

14

about

to

that;

is

that fair

15

A.

Yes,

i t does,

16

Q.

Why did you

sir.

tell Officer

17

Schoolcraft that he was

18

back

to

say?

going to

come

the precinct with you?

19

A.

20

I t was

21

there and he was AWOL.

22

sure he didn't hurt himself.

23

precinct without permission so . . . .

24
25

Q.

Because he left the precinct.
discussed with Chief Marino he was

Is

patrol guide

212-267-6868

there

We were making
He

some provision

that authorized you
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left the

in the
to go

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MAURIELLO

2

into Officer Schoolcraft's home and order

3

him to

4

was absent without leave?

return

to

the precinct because he

5

MR.

KRETZ:

6

MS.

PUBLICKER METTHAM:

7

Objection.

8

A.

Objection.

9

house

First of all,
to make

we went to

the

sure he didn't hurt

10

himself.

You hear me

11

tape.

that was

the

reason.

12

making sure he was

all

right.

13

worrying he had his

14

We don't know what's

15

don't answer the phone.

16

answer anybody's phone

17

answering the door when

18

on

19

door.

20

himself,

21

knows.

22

being.

So

the door.
All

He's

right,

the

We're

right,

25

He was not

calls.

they're knocking

not answering the
i f he hung

carbon monoxide,

he's

who

his well

well being is all

left the precinct.

212-267-6868

now,

He

He doesn't

We are going there for

24

We're

reason for.

God forbid

his

the

gun and shield taken.

took pills,

Now,

23

saying that on

got to answer why you

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2

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MAURIELLO

So when you entered the

3

apartment and you saw he was

4

watching

television?

5

A.

The

6

Q.

Physically,

he was

7

MR.

KRETZ:

Objection.

8

MS.

PUBLICKER METTHAM:

9

10
11
12

television was

on.
fine,

right?

Objection.
A.

His

hair was

sticking up,

eyes were beat red like a

Q.

Didn't you

his

possum.

just testify you

13

were concerned about his

14

now you

15

you're moving onto whether or not he's

16

going to have

17

MR.

can

see he was

well being and

okay and now

to answer for
KRETZ:

leaving?

Now you're

18

get him

19

health condition.

20

much.

21

to make a

trying to

MR.

22

I

23

A.

SMITH:

You're asking too

I

want his

opinion.

appreciate you don't interrupt.
I

went

in there.

24

He got confrontational

25

removed myself from

212-267-6868

statement about his

I

said that.

in my face.

the situation,

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Page 419
CONTINUED- STEVEN MAURIELLO

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2

one you had?

3

A.

Yes.

4

Q.

Can you please turn to page 37

Yes.

5

of Exhibit 139.

On the top of that page

6

there is a

7

relating to any searches for employment that

8

you have undertaken since October of 2009.

9

Do you see that,

request for any documents

sir?

10

A.

Yes.

11

Q.

The response here is

12

applicable."

Do you see that?

13

A.

Yes,

14

Q.

Does this mean that since

"not

sir.

15

October of 2009,

you have not made any

16

efforts to seek any form of employment?

17

A.

Yes.

18

Q.

Since October of 2009,

have you

19

sought to change your position,

20

the commanding officer of the 81st Precinct

21

or the executive officer of Transit?

22

A.

either as

When you make captain or above

23

and you get a

24

you could put in for another command.

25

all done by the police commissioner.

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command,

there's no way really

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CONTINUED- STEVEN MAURIELLO

1

2

never put in for anything of movement.

3

Usually when you're a

4

lieutenant,

5

for OCCB.

Q.

6

cop,

sergeant,

you do career path,

you put in

So what you're telling me is

7

that since October of

'09,

8

before that,

9

to the NYPD to be moved;

and maybe even

you haven't made any requests
is that correct?

10

A.

That's correct.

11

Q.

On the next page in response to

12

request number 37,

13

pending charges and specs against you by the

14

NYPD,

15

of Particulars provided to Steven Mauriello

16

relating to those charges will be provided."

17

You see that?

there is a

which relates

to the

statement here that a

18

A.

Yes,

19

Q.

What is that a

20

A.

I

"Bill

sir.

don't --

I

reference to?

think my lawyers

21

have i t and that's with,

22

advocate's office gave to my lawyer for

23

charges.

24
25

Q.

I

see.

I

guess,

the
the

So you never seen this

Bill of Particulars?

212-267-6868

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1
2

file and he was,

I

guess,

I

think gang

3

said my reputation precedes me and that I

4

very well liked amongst the rank and file.

he
am

5

Q.

When did you first meet Korakis?

6

A.

I

think he was a

lieutenant in

7

Brooklyn North Gang.

It might have been

8

2006,

the CO,

9

they worked upstairs.

10

the XO or 2007,

So i t was hello and

goodbye.

Q.

11

12

but because

You

just know him on a

professional basis?

13

A.

Yes.

14

Q.

Is

15

A.

Yes.

16

Q.

You ever socialize with him?

17

A.

Never.

18

Q.

Do you know what his phone

19
20
21
22

that a

yes?

number is?
A.

I

believe I

don't have i t on me,

Q.

have i t ,

but I

yes.

I

do have i t .

We skipped ahead in the list.

23

We were talking about Mary Cronin and that's

24

what led you to Korakis.

25

back to Cronin.

212-267-6868

Let me go

just

Is the information that

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2

you,

Cronin has,

to your understanding,

3

limited to the information that Korakis

4

provided you about the discussion with

5

Cronin and Schwartz or is there some other

6

information that you think Cronin has,

7

well,

8

damages

9

A.

as

about the nature and extent of the
to you?
I

don't know.

I

don't know if

I

guess when the

10

she has anything.

11

telephone message came down for

12

go down to QAD I

13

called me with QAD's number and I

14

her and i t basically was like very brief and

15

she said --

16

going down there,

17

about i t .

She said no,

18

complaint,

don't worry about i t ,

19

it a

20

was very professional.

was off.

two cops to

The sergeant
talked to

just asked her two cops are
you think I

second thought.

Q.

21

I

When --

should worry

just an anonymous
don't give

That was i t .

So she

When did you have that

22

conversation about the two cops being called

23

down?

24
25

A.

This had to be -- whenever the

telephone message came down for

212-267-6868

the two

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2

cops,

3

up and said someone's going down to QAD,

4

you know anything about i t .

5

know anything about.

6

give me the phone number,

7

and I

8

there's an anonymous complaint,

9

about i t ,

10

I

I

I

No,

I

was off.

don't give i t a

do

don't
And I

said

let me find out
She said no,
don't worry

second thought and

left i t alone.

Q.

Do you remember when that

conversation with Cronin was?

13
14

Sergeant Seymour called me

just talked to her.

11
12

believe,

A.

It was in October.

Whenever the

telephone message came down.

Q.

15

Was i t in October,

before the

16

October 31st incident with Officer

17

Schoolcraft?

18

A.

Yes.

19

Q.

How many days or weeks before

20

the October 31st incident with Officer

21

Schoolcraft did you have a

22

Inspector or Chief Cronin about the two cops

23

from the 81 being called down?

24
25

A.

It was definitely before the

cops went down there,

212-267-6868

conversation with

Deck and Santana.

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CONTINUED- STEVEN MAURIELLO

2

off the record for

3

just a

second.

11:57.

It's

(Discussion off the record.)

4

MR.

5

6

record.

7

Q.

Going back on the

SMITH:

I t ' s 11:58.
Does Del Pozo have any other

8

information about your claims or your

9

damages?

10

A.

Not that I

11

Q.

The next person on the l i s t is

12

Bureau Chief Diaz.
A.

13

14

know of.

I

He was the chief of Transit when

first got transferred.

15

Q.

What information does he have?

16

A.

He's very highly regarded on the
Just that I

went to him one time to

17

NYPD.

18

see if any way of move up,

19

somewhere else and he said was i t ' s too

20

soon,

21

is over with.

we have to wait t i l l

promotion or move

this whole case

22

Q.

When did you approach him?

23

A.

Had to be before he left.

24

had to be within the first

25

transferred there 2010.

212-267-6868

--

I

So

was

So i t had to be

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CONTINUED- STEVEN MAURIELLO

1

2

3

A year from

anywhere beginning 2011.

I

was

there.

Q.

4

5

Well,

what date were you

transferred to Transit?
A.

6

Now I'm getting mixed up here.

7

2010,

July 3rd I

8

think July 7th was the official date.

Q.

9

10

think i t came down,

but I

Did you know i t was coming

before i t hit the tape?

11

A.

What was coming?

12

Q.

The transfer.

13

A.

No.

14

Q.

How many days or weeks or months

I

was surprised.

15

after your transfer to Transit did you have

16

the bonversation with Diaz about another

17

position or promotion?

18

A.

About a year.

19

Q.

So i t ' s fair

to say the

20

conversation with Diaz took place sometime

21

in the summer 2011?

22

A.

Yes.

Just,

I

guess,

they had

23

annual meetings or every six months they

24

would meet,

25

with Commissioner Kelly and go over every

212-267-6868

the bureau chiefs would meet

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CONTINUED- STEVEN MAURIELLO

1
2

personnel under his

3

underneath him,

all the executives.

4

said,

I

said good things

to

5

Commissioner Kelly on your behalf.

I

6

any way I'm moving up,

7

position.

8

whole thing is over with.

you know,

Q.

9

jurisdiction -And he

said

moving to some other

He said too soon.

Not until this

When he said not until

this

10

whole thing is over with,

11

understanding of what he was referring to?

12

A.

I

what was your

guess not until

these articles

13

in the newspaper are over with,

14

this lawsuit is over with.

Q.

15
16

What did he tell Commissioner

Kelly about you?

17

A.

I

18

Q.

Where is Diaz

19

A.

He's retired.

20

not until

don't know.
today?
I

think he's

--

maybe head of security of MTA.

21

Q.

Do you know where he lives?

22

A.

No.

23

Q.

Purely a professional

24
25

relationship with him?
A.

Professional,

yes.

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1

Q.

2

STEVEN MAURIELLO

What information does Diaz

3

about your claims,

4

already provided me with?
A.

5
6

until,

7

all

10

Just that my career is
I

guess,

Q.
once

the

the

lawsuit is

career would be,
He

12

push for me,

13

Q.

on hold
over and

lawsuit's

15

back on

16

A.

led me

that your
track?

to believe

that he'd

yes.

over,

that your

that once

the

career will be

track?
Four years

Right now,

Q.
Joseph

to believe that

get back on

Do you believe

14

18

lead you

lawsuit is over with

A.

19

or

Did he

11

17

than what you've

the public sensationalism.

8

9

other

have

I

ago

don't know.
Next person

I
I

thought so.
really don't.

is Bureau Chief

Fox.

20

A.

Yes.

21

Q.

Who

22

A.

He's

23

Q.

Is he

24

higher

25

same

212-267-6868

than Diaz

level

is

that?

the Chief of Transit.
in the

chain of command

or lower

than or on the

as Diaz?
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1

STEVEN MAURIELLO

2

A.

Same level.

3

Q.

What does

4

Fox know about your

claim and damages?
A.

5

went

Just that,

6

I

7

When

8

over and everything's all

9

go

this

Q.

same

thing.

lawsuit's

over,

all

then he'll

Right now he can't.

When did you have

A.

I'm going to

had i t twice,

Q.

14

15

said the

that

this

conversation with Fox?

12
13

same thing,

is all over and the

to push for me.

10
11

to him and he

the

say

I

had i t --

I

twice.

When did you have

these

two

conversations with Fox?

16

I

A.

would say one when

Commissioner Kelly was

18

right around when

19

Bratton was

20

Q.

Bratton?

21

A.

Bratton.

22

Q.

Can you provide me with any

23

greater

24

had a

25

s t i l l here.

One

17

they named Commissioner

coming.

level

of specificity about when you

conversation with Fox?
A.

212-267-6868

I

believe

the

second one around

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CONTINUED- STEVEN MAURIELLO

1

2

Q.

Kind of sort of?

3

A.

Yeah,

4

Q.

She doesn't work for

A.

No.

8

Q.

She's a

the police

No.
nurse in a

private

hospital or state or city hospital?

A.

10

No,

11

works for a

12

houses.

13

Q.

14

I

department?

7

9

going out.

wasn't really ready to date anybody.

5
6

friends

she's like a

company.

She's a

nurse that

She goes

to peoples'

nurse that -- RN.

You don't know the name of the

company she works for?

15

A.

No.

16

Q.

The next paragraph you say --

17

you're identifying your damages
MR.

18
19

break.

20

SMITH:

Let's

--

take a

short

Just going off the

record.
(Whereupon,

21

MR.

22
23

record.

24

Q.

25

I t ' s 15:06.

SMITH:

recess was

taken.)

Going back on the

I t ' s 15:26.
The next paragraph refers

damages and there's a

212-267-6868

a

to

statement here that

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STEVEN MAURIELLO

2

the total amount of damages are

3

of 8,000

4

distress damages and reputational harm,

5

unspecified amount not to exceed $2

6

million."

to

9,000 per year,

"lost wages

emotional

You see those references,

an

sir?

7

A.

Yes,

8

Q.

Those are your claimed damages

9

in your

10

A.

Yes,

11

Q.

The loss of wages of $8,000

12

$9,000 a

countercla~m?

year,

A.

13

sir.

sir.

1-

to

what's that based on?

Inspector --

I

think the

14

difference between inspector and deputy

15

inspector.

Q.

16

Do you believe that you would

17

have been promoted to inspector,

18

but for

media coverage about your career?

19

A.

Yes,

20

Q.

Did anybody at the NYPD

the

sir.
tell you

21

that you were being considered for promotion

22

to inspector?

23

A.

No.

24

Q.

Is

25

of inspector a

212-267-6868

the promotion to the position
promotion that automatically

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2

CONTINUEDfollows

STEVEN MAURIELLO

from being deputy inspector?
MR.

3

KRETZ:

Objection to

the

4

form.

5

A.

Yes.

6

Q.

How many deputy inspectors are

7

there in the NYPD?

8

A.

I

9

Q.

How many inspectors are there in

10

don't know.

the NYPD?

11

A.

I

12

Q.

How does one receive

don't know.
the

13

promotion from deputy inspector to

14

inspector?

15

A.

16

I've been a

17

now.

18

in the command to get another promotion.

19

Sometimes they move you to another command

20

or they move you to another spot that's

21

promotional when you have too much

22

deputy inspector.

24
25

me,

deputy inspector for

six years

Sometimes i t ' s how long you have been

Q.

23

Sometimes i t ' s by longevity.

time as

Can you explain that answer to

please?

A.

212-267-6868

Yes.

When you're deputy

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CON~INUED-

STEVEN MAURIELLO

2

inspector and run the command,

there's a

3

chance you can make full

4

same command by longevity.

5

there for a

6

full

7

If they move you to another unit,

8

narcotics or another precinct,

9

housing,

inspector in the
If you're s t i l l

couple more years,

you could be

inspector if they deem to promote you.
say

district,

they could promote you again.

10

usually try to move people,

11

They

to an inspector spot.

Q.

12
13

deputy inspector

How many inspector spots are

there in the NYPD?

14

A.

I

15

Q.

Who makes the decision to

16

don't know.

promote deputy inspectors to inspectors?

17

A.

Police commissioner.

18

Q.

Does the police commissioner get

19

any information from anybody else?

20

A.

I

21

Q.

Do you have any sense of how

don't know.

22

long i t takes for

23

inspector to be promoted to an inspector

24

position?

25

A.

212-267-6868

No,

somebody who is a

but I

deputy

know for quite a

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CONTINUED- STEVEN MAURIELLO

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2

people that were captains when I

3

inspector,

was deputy

now they're inspectors.

4

Q.

Who were those people?

5

A.

The l i s t -- I ' l l recall.

6

to remember.

7

look on the sheet all the time.

9
10

have

There is a bunch of them.

I

Do you know any deputy

Q.

8

I

inspectors who became inspectors when you
were deputy inspector and s t i l l are?

11

A.

And s t i l l are?

12

Q.

Let me rephrase that question.

13

You're telling me that there are some

14

captains

15

you became deputy inspector,

they have

16

achieved t i t l e of inspector;

is

17

correct?

that you know of who have,

18

A.

Yes,

Q.

If I

leave a

that

sir.

19

since

20

transcript,

21

space in the

names of those?

22

A.

23

would you provide me with the

Yeah,

think about i t .

Yes.

Insert:

24

25

Q.

212-267-6868

Can you tell me of any other
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