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
EXHIBIT4
29
A. SCHOOLCRAFT
1
2
A.
To the best of my memory, it was it was a short
time after that.
3
Q.
4
I
think it was Summer, 2010.
address?
Do you owe your landlord any money for that
5
MR. NORINSBERG:
Objection.
6
A.
Yes.
7
Q.
How much do you owe the landlord?
8
A.
I -- I imagine thousands, a few thousand dollars.
9
Q.
When did you begin surreptitiously recording your
10
coworkers?
MR. NORINSBERG:
11
Obj e_ct ion.
12
i~-
...
A.
What does "surreptitiously". mean, what is that?
13
Q.
When did you begin recording your coworkers
14
without their knowledge?
15
16
17
18
19
MR. NORINSBERG:
A.
You can answer.
I don't recall any date when I started.
In 2006,
2007 or 2008, some time around that period.
Q.
Why did you begin recording your coworkers
without their knowledge?
MR. NORINSBERG:
20
21
Objection.
A.
Objection.
There wasn't any one specific reason.
I was
22
23
pertaining to their duties throughout the day.
24
,,~ ........
documenting the roll calls, where officers receive orders
particularly concerned about how they reference training
25
and sign the training log, and -- they wanted officers to
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I was
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A. SCHOOLCRAFT
1
just sign the training log.
2
didn't receive any training that I became aware of, was
3
mandated by police headquarters.
4
And most of the time, we
And I heard other officers talk about how
5
recorders can back you up from accusations made by people
6
on the street, and stuff like that.
7
particular reason.
8
calls and the falsifying the training log, and those -- I
9
don't recall any other particular issue or specific issue.
10
Q.
It wasn't any one
It was -- it was to document the roll
Did you think at the time you made these
11
recordings, that you would be suing the City at some later
12
date?
13
A.
No.
14
Q.
Did anyone suggest to you that you record your
15
coworkers without their knowledge?
16
A.
I don't recall any suggestion.
17
Q.
Did your father ever suggest to you that you
18
record your coworkers without their knowledge?
19
A.
No.
20
Q.
Do you know if your father has ever recorded his
21
coworkers without their knowledge?
22
A.
I don't believe so, no.
23
Q.
How many recordings have you made that are
24
25
related to your claims in this lawsuit?
MR. NORINSBERG:
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Objection.
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You can answer.
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A. SCHOOLCRAFT
1
anything, exactly.
2
would happen.
3
4
5
Q.
There was no way to know when something
Did you record just the roll calls, or did you
record as well, other portions of your tour?
A.
There were times where I think there are -- there
6
are -- where I didn't go back to my locker and put the
7
recorder back, and the recorder would go on until I did
8
that.
9
times like that.
It would be after roll call.
There may have been
10
But I don't recall recording the entire day or --
11
you know, I don't remember how long or when exactly I would
12
have the recorder.
13
14
Q.
So it was not your intention, though, to record
your actual tours on command?
MR. NORINSBERG:
15
Objection.
16
A.
You mean including the roll call?
17
Q.
Excluding the roll call.
18
A.
I don't believe I ever intended to record the
19
entire tour.
20
didn't know if it would run that long.
21
catch -- to document the roll calls, the official, "This is
22
your duty today, this is what we want you to do, and sign
23
the training log."
24
25
Q.
I didn't know if I had the technology; I
My intent was to
Why did you feel you had to record those roll
calls?
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A. SCHOOLCRAFT
1
A.
Again, the falsifying the training we were
2
receiving, numerous times, instructions on how to increase
3
our activity.
4
surrnnons people without probable cause. "
5
had concerns about those orders.
What I was hearing was, nArrest people or
And I had a -- I
6
Q.
What did you intend to do with those recordings?
7
A.
What did I intend to do?
8
Q.
Yes.
9
A.
I had no -- I was just documenting -- I was just
10
documenting and somewhat corroborating to myself what was
11
being said.
12
at that time.
13
technology, and hearing what was said.
14
15
16
Q.
I had no -- I didn't start any investigation
I was just -- again, learning the
So when you first started recording, you had no
intention of sharing these recordings with anyone?
A.
No.
I didn't think of anyone who would be
17
concerned.
I never -- I didn't think about it.
What I was
18
documenting was a pattern, not any specific one recording.
19
But a pattern over a period of time of this -- of what
20
supervisors were telling patrolmen.
21
Q.
Did you save every recording that you made?
22
A.
I don't believe so.
23
Q.
Did you delete recordings?
24
A.
Not intentionally.
25
the battery would go dead transferring the recording to the
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-------- .....-- ....... - -
Again, there were times where
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A. SCHOOLCRAFT
1
2
3
A.
I don't recall if I had lunch with anyone or
where we went.
Q.
Your Complaint states that Lieutenant Caughey was
4
menacing and threatening to you, by keeping his hand on his
5
gun on October 31, 2009; is that correct?
6
A.
Correct.
7
Q.
Did you believe he was going to shoot you?
8
A.
At the time, I believed his behavior was
9
10
11
inappropriate.
Q.
And I -- I felt anything was possible.
Did you believe that anyone from the N.Y.P.D. was
going to use their firearm against you on October 31, 2009?
12
,.,..-.
A.
I don't recall specifically
13
Q.
Had anyone from the N.Y.P.D. ever threatened you
14
think~ng
that, no.
with a firearm prior to October 31, 2009?
15
A.
I don't believe so, no.
16
Q.
You allege that P.A.A. Boston told you that she
17
'also believed Defendant Caughey was menacing that day; is
18
that correct?
19
A.
Yes.
20
Q.
Did you record that statement by her?
21
A.
I don't know if -- I don't know -- I haven't
22
23
24
(
/
25
heard that recording; it's possible.
Q.
Did she tell you why she thought Lieutenant
Caughey was menacing?
A.
I don't remember if she did or not.
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A. SCHOOLCRAFT
1
Q.
On October 31, 20091 did you state in reference
2
to Defendant Mauriello, "I would like to at least have a
3
fucking chance to go in a gun battle with him"?
4
A.
What was that again?
5
Q.
Did you state on October 31, 2009 1 in reference
6
to Defendant Mauriello,
7
fucking chance to go in a gun battle with him"?
8
9
10
11
12
13
14
A.
I
~I
would like to have at least a
don't recall making -- ever making a statement
like that.
Q.
Do you recall making that statement about anyone
1
not including Defendant Mauriello?
A.
I don't recall ever making that statement about
anyone, no.
Q.
On October 31, 2009, do you recall stating in
15
reference to a recording device, "How long do you think
16
that' 11 fucking stay on me, after they fucking kill me?"
17
18
A.
Again, I don't recall making that statement, but
it's possible.
19
Q.
Who did you make that statement to?
20
A.
I
21
Q.
But sitting here right now, you don't recall who
22
would have to hear the recording.
you made that statement to?
23
A.
No.
24
Q.
Had anyone at the N.Y.P.D. threatened to kill you
25
prior to you making this statement?
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A. SCHOOLCRAFT
1
MR. NORINSBERG:
Objection.
2
A.
I didn't receive any explicit threat, no.
3
Q.
Did you receive any implicit threat?
4
A.
I felt
5
6
7
10
11
12
13
behavior that day was menacing
and threatening.
Q.
And you believed that he was threatening to kill
you?
8
9
Caughey~s
MR. NORINSBERG:
A.
Objection.
I believe his behavior was menacing, and
intimidating and threatening.
Q.
Besides Lieutenant Caughey, were you in fear from
any other member of the N.Y.P.D.?
A.
I don't recall any exact -- I was concerned; I
14
don't know if I would define it at fear.
15
times, I was more concerned towards the end of the day.
16
17
Q.
Maybe at certain
Who were you concerned about at the end of the
day?
18
A.
Mostly, Lieutenant Caughey.
19
Q.
Did you tell anyone on October 31, 2009, that
20
"Mom is speaking to me"?
21
A.
I don't recall ever making that statement, no.
22
Q.
Do you recall making a statement on October 31,
23
2009, "I have heard guys say that I am six-foot four and
24
that I lift motorcycles over my head"?
25
A.
I don't recall ever making that statement.
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A. SCHOOLCRAFT
Q.
1
2
Did you follow the procedure for leaving work
early on October 31, 2009?
3
A.
I believe so, yes.
4
Q.
Whom did you ask to leave early?
5
A.
I believe her name was Sergeant Huffman,
6
something like that.
7
Q.
How did you ask her to leave early?
8
A.
I informed her -- I believe I told her I had an
9
upset stomach, and I gave her a -- a slip with my -- with
10
all my information on it; my name, my address where I would
11
be.
12
all the paperwork I was involved with.
And I told her "I don't feel well."
And I turned in
And that was it.
13
Q.
What paperwork did you give her?
14
A.
Referring to what I was working on, or the slip?
15
Q.
What did you give her?
16
A.
I gave her -- it's referred to as a sick slip.
17
am not sure the exact form number, but the slip is what
18
officers fill out when they go sick.
19
20
21
22
23
24
(.
I
25
Q.
Did you give her other documents at the same time
you gave the sick slip?
A.
I don't recall giving her any specific other
documents that I gave her at that time, no.
Q.
Did Sergeant Huffman tell you that you cannot
leave unless you wanted lost time?
A.
I believe she said something to that effect.
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And
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A. SCHOOLCRAFT
1
I said "lost time is fine," to the best of my memory, "lost
2
time is fine."
3
,---
to be authorized.
But then I think she said the lost time had
And I didn't feel the lost time would have been
4
5
authorized.
I preferred
6
weather, and I preferred to go regular sick.
I was feeling under the
7
Q.
But you recall agreeing to lost time?
8
A.
I don't recall agreeing to lost time.
9
possible, if that was -- if she would have allowed it, then
10
I would have agreed to it.
11
would have been granted.
12
.r-
It's
13
Q.
But I didn't feel lost time
So when she said you can take lost time, what did
you say to her?
!
14
15
16
17
A.
It would be something to the effect, "That's
fine."
Q.
Did you speak with Police Officer Yadira
Rodriguez, after you asked to leave work early?
18
A.
I don't recall speaking to Yadira Rodriguez, no.
19
Q.
Do you recall speaking with Police Officer Craig
20
Rudy after you asked to leave work early?
21
A.
22
officers.
23
Q.
24
../,
!l
•
25
I don't recall any specific conversation with any
Did you believe that you were leaving work early
against the orders of Sergeant-Huffman?
A.
No.
I didn't believe that, no.
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A. SCHOOLCRAFT
1
leaving the precinct on October 31, 2009?
2
A.
I don't recall speaking to him, no.
3
Q.
What happened, after you left the precinct?
4
A.
To the best of my memory, I drove home.
I got
5
home, I notified !.A.B. of -- by phone, I notified I.A.B.
6
of Caughey's behavior.
7
they were flu symptoms, with NyQuil.
And I -- I recall talking to my father.
8
9
10
I addressed my upset stomach or --
then -- then I laid down to go to sleep.
And
And then the
details after that, are in the recording.
11
r-:
Why did you notify !.A.B. of Caughey's behavior?
12
r
Q.
A.
I
13
felt his behavior should have been
investigated.
14
Q.
How so?
15
A.
How would they investigate it?
16
Q.
I am sorry, that was an unclear question.
17
did you believe that Caughey's behavior needed to be
18
Why
addressed by the !.A.B.?
A.
19
He was acting in an -- in a bizarre, unusual
20
manner; pacing around me, carrying his firearm in an
21
improper fashion.
22
told me he was pacing around me and staring at me.
23
just had a general concern about what his problem was with
24
me.
25
Q.
Ms. Boston called me on the phone and
And I
So what did you want !.A.B. to do?
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A. SCHOOLCRAFT
1
2
3
A.
I assumed that they would ask him -- ask him why
he was behaving that way, that day.
Q.
And that was why you called I.A.B., was so that
4
they could ask Defendant Caughey why he was behaving the
5
way he was?
6
A.
To investigate in general, his behavior.
~-
And I
7
believe
8
addressed that I was concerned about the Complaint that I
9
had filed against him, just a little over a month before
10
that.
11
Q.
12
.·"':--;-· ·:
13
I don't know if I -- in that phone call, I
But it's possible, I did; it's possible I didn't.
What Complaint had you filed against him a month
before t.hat?
A.
I don't remember the details.
But off the top of
14
my head, it was regarding him and another supervisor
15
working together to obtain that supervisor's personnel
16
file, to take out command disciplines and Civilian
17
Complaint Review Board reports that would affect that
18
supervisor's promotion.
19
Q.
Were you aware that C.C.R.B. records, or Civilian
20
Complaint Review Board records, are hosted on a database by
21
the C.C.R.B., that is not accessible to the N.Y.P.D.?
MR. NORINSBERG:
22
Objection.
23
A.
I assume that they would have their own records.
24
Q.
So why do you believe that Lieutenant Caughey and
25
this other officer would destroy records that existed in a
..
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149
A. SCHOOLCRAFT
1
Q.
You have listened to that recording.
~~---
2
3
4
Could you
hear what was being said on the recording?
A.
I don't believe I have heard what was being said
on the recording.
5
Q.
Which EMT took your blood pressure?
6
A.
The male.
7
Q.
Did you agree to go to the hospital at any time?
8
A.
Yes.
9
Q.
Why did you agree to go to the hospital?
10
A.
I felt it would be safer than where I was.
I
11
12
~-
felt, possibly, the hospital would be a safer place, in
public view.
13
police supervisors out of my home.
14
leave.
And it
woul~
-- it would get all of those
I thought they would
(•
15
Q.
16
hospital?
17
A.
What happened after you agreed to go to the
To the best of my memory, I followed EMS
18
downstairs, we walked outside towards the ambulance, a male
19
in a white shirt -- a white police uniform shirt approached
20
the male EMS as we were walking toward the ambulance.
21
And he stated in some manner, he said "Jamaica?"
22
And the male EMS stated "Yeah."
23
refused medical attention to the female, who was behind me.
24
And I walked back to my home.
25
Q.
At that moment, I RMA' d,
Could you describe the white shirt police
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A. SCHOOLCRAFT
1
officer.
2
A.
~--
3
He was male, wearing a uniform hat.
And I don't
believe I had ever seen him before.
4
Q.
How tall was he?
5
A.
He was about the same height as the EMS, male
6
EMS.
7
Q.
Approximately how tall was the EMS, male?
8
A.
I don't recall.
9
They were about -- approximately
the same size.
10
Q.
Taller than you?
11
A.
I
12
don't believe they are -- they were taller than
me, no.
13
Q.
Why did you refuse medical attention?
14
A.
I wasn't familiar with Jamaica Hospital.
I was
15
familiar with Forest Hills Hospital, and I believed I had
16
the right to choose which hospital I could go to.
17
And I believe that was the police department's
18
intent, to convince the personnel that that's the hospital
19
they wanted me to go to.
20
Q.
Why did you believe that?
21
A.
The way they were communicating with each other,
22
23
medical information with them.
24
,...---......
I didn't feel it was appropriate that EMS was sharing
don't even feel the exam was that objective.
25
I felt there was no -- I
I just didn't -- I just didn't feel safe going
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A. SCHOOLCRAFT
1
with them anymore, since I had no control over where I was
2
,,.r ·--
going.
3
4
Q.
You did not believe the test of your blood
pressure was objective?
5
MR. NORINSBERG:
A.
6
Objection.
I felt whatever number they gave was appropriate
7
for what was happening; a chief invading my home, I felt it
8
was
9
10
Q.
Did the EMS technicians explain to you why they
were taking you to Jamaica?
A.
11
12
appropriate.
If they did, I don't recall any specific reason,
other than the high blood
press~re.
13
Q.
Did you ask to go to Forest Hills?
14
A.
Yes.
15
Q.
What was the response?
16
A.
I don't recall any response, other than -- they
17
may have said "okay."
Q.
18
19
I don't recall their exact response.
Is Jamaica closer to your apartment than Forest
Hills?
20
A.
If it is, it's fractions.
21
Q.
Were you on the phone with anyone when you
22
entered the ambulance, or approached the ambulance?
23
A.
I may have been; I don't remember.
24
Q.
With whom were you speaking?
25
A.
If it was anyone, I believe it would be my
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A. SCHOOLCRAFT
1
:
2
3
4
5
6
your apartment?
A.
I don't know if there was another chief.
I
didn't recognize another chief.
Q.
Did anyone try to stop you from returning to your
apartment?
A.
I don't recall anyone stepping in front of me.
7
But as I was entering my home, Captain Lauterborn pushed
8
his way into the house behind me, not allowing me to shut
9
the door behind me.
10
Q.
How did he push his way in?
11
A.
He pushes like a football tackle.
12
Q.
He tackled you?
13
A.
No.
Like a football tackle would guard.
He used
14
his arm and he shoved the door against the wall abruptly.
15
And he did it again, and he did it again to the door to my
16
apartment.
17
18
Q.
I am sorry, I am not understanding.
He used his
football tackle on what?
MR. NORINSBERG:
19
Objection.
20
A.
The comparison to a tackle -- in football, you
21
block
maybe it was a block, but it was a push, if you
22
don't want to use the football analogy.
But he used his arm, I believe it would be his
23
24
right arm, to push the door open and slammed the door open
25
against the wall.
And then he did it again on the second
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A. SCHOOLCRAFT
1
2
3
4
door, he did it again on the third door.
Q.
So I guess that's where the confusion is.
What
are the three doors you are speaking of?
A.
There's a door to enter the house, then there's a
5
door about four feet from that door with a lock on it.
6
then up the stairs to my room, is another door with a lock
7
on it.
8
9
10
11
12
-
..
13
14
15
16
17
18
19
Q.
And
And so he pushed his way through all three doors,
is what you are saying; is that correct?
A.
Preventing me from securing the doors, correct,
from keeping them out.
Q.
So what happened when you -- when you returned to
your apartment?
A.
To the best of my memory, I -- I went back to my
bed and I laid down.
Q.
How far behind you was Defendant Lauterborn on
your way up the stairs?
A.
He was directly behind me.
I could feel his
breath on my neck.
20
Q.
But he didn't touch you at that time?
21
A.
I wasn't -- I certainly wasn't pushed or shoved.
22
He just -- he kept the doors open.
23
Q.
And were you running up the stairs?
24
A.
No.
25
Q.
So you were walking up the stairs?
At no time was I running.
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A. SCHOOLCRAFT
1
A.
Correct.
2
Q.
And he was walking behind you?
3
A.
I believe he was.
4
Q.
When you entered your apartment, you walked into
5
your bedroom; is that correct?
6
A.
Correct.
7
Q.
And then you laid back down?
8
A.
Yes.
9
Q.
What happened next?
10
A.
After I laid down, they tried talking me into
11
12
,,..--.. __
'
.
going with them, again.
sequence of -- if I leave anything out,
13
would show details.
14
I don't remember exactly the
ag~in
the recording
But after that, Chief Marino came back.
I
15
remember him saying, "Be a man.
16
are going to E.D.P. you."
17
back and forth; the choices he was giving me, to do what
18
they said, or I would be E.D.P. 1 d.
Get up, walk out, or we
I recall that conversation going
19
Q.
What were your choices?
20
A.
To go with him or get in the -- to the best of my
21
memory, either get in the ambulance, which meant going with
22
them, or I would be E. D.P. 'd and forced out.
23
24
25
Q.
So did Chief Marino give you the option of
voluntarily going to the hospital?
A.
He gave an option, yes.
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1
police department, that makes that determination.
Q.
2
3
Have you ever declared someone an emotionally
disturbed person?
4
A.
I don't believe so, no.
5
Q.
On the occasions when you have interacted with an
6
emotionally disturbed person, on how many occasions has
7
that individual been sent to the hospital?
8
MR. NORINSBERG:
A.
9
Objection.
If I could remember every single time,
I could
10
probably answer that question.
But I don't -- I would
11
assume if they were deemed E.D.P., they would have to go to
12
a hospital.
13
Q.
Have you dealt with E. D.P.'s on many occasions?
14
A.
I wouldn't know how to quantify "many."
Over
15
seven years, I recall -- I don't recall any specific
16
incident involving any one E.D.P.
17
18
Q.
How many officers used force against you on
October 31, 2009, in your apartment?
19
MR. NORINSBERG:
Objection.
You can answer.
20
A.
Approximately four to five.
21
Q.
You have mentioned Sergeant Duncan and Lieutenant
22
Gough.
Who else used force against you in your apartment
23
on October 31, 2009?
24
A.
Lieutenant Broschart and Chief Marino.
25
Q.
What force did Lieutenant Broschart use against
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1
you?
2
A.
3
.Q.
When was he standing on your legs?
4
A.
After they slammed me on the floor.
5
Q.
How was he standing on your legs?
6
A.
Like a -- like he would be standing on the floor,
7
He was standing on my legs.
but my legs were underneath his feet.
8
Q.
On your calf, on your thigh?
9
A.
I believe
it was the upper thigh, upper thigh,
10
11
mean, I could see him until Chief Marino put his foot over
12
:~---
rear leg.
my face, so I couldn't see who was doing what.
13
14
Q.
I was on my stomach.
And it was apparent -- I
So Lieutenant Broschart stepped on the back of
your thigh while you were on your stomach?
15
A.
He stood on the back of my thighs.
16
Q.
Did he jump?
17
A.
I don't recall any jumping, but I recall the
18
pressure.
19
Q.
How long was he standing on your upper thighs?
20
A.
I believe he got off after the -- when they
21
turned me over for the search, he was definitely not on my
22
legs anymore.
23
24
.. . ·.
~:~
25
Q.
So was he on your thighs while they were trying
to handcuff you, or after they handcuffed you?
A•
It was right after
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A. SCHOOLCRAFT
1
2
Q.
Was he -- so if he is standing on the back of
your thighs, were each of his feet on one of your legs?
3
A.
Correct.
4
Q.
Which way was he facing?
5
A.
He was -- the front of his body would have been
6
7
8
facing the direction of my head.
Q.
Now, you stated that Chief Marino stepped on your
face; is that correct?
9
A.
Correct.
10
Q.
When he stepped on your face, did he lift his
11
12
13
other leg off the ground?
A.
What do you mean, the other leg
th~t
wasn't
the other leg or the foot that wasn't on my face?
14
Q.
Correct.
15
A.
I don't believe so.
16
17
18
I believe I would have felt
that pressure.
Q.
On a scale of one to 10, how much pain were you
in when Defendant Marino stepped on your face?
19
A.
Eight or nine.
20
Q.
Do you have any
21
did you have any bruises from
having your face stepped on?
22
.
Q.
How large of an abrasion?
24
(
I believe I had an abrasion for a couple days.
23
(
A.
A.
I wasn't -- I didn't have access to a mirror for
25
a few days.
If there wasn't an actual abrasion, you could
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A. SCHOOLCRAFT
A.
1
I don't recall every exact time
I certainly
2
don't recall ever seeing him in person.
3
photograph is on the wall of some precincts or
4
headquarters.
5
But I believe his
I don't recall exactly where I -- where I saw
6
him, but
7
him to be the Deputy Commissioner of Public Information,
8
Paul Browne.
Q.
9
he was certainly familiar to me.
And I know
You allege that the police removed certain
10
documents from your apartment after they -- excuse me,
11
strike that.
12
You allege that police removed certain documents
13
from your apartment, after you were taken into the
14
r.
ambulance; is that correct?
A.
15
16
Yes.
I believe there were multiple documents
removed from my home.
Q.
17
18
What documents do you believe were removed from
your home?
A.
19
The only one specifically that I recognized gone
20
was a folder containing notes -- I had written on the
21
folder,
22
regarding my investigating misconduct and corruption.
23
I was going to compile a report from a patrolman's
24
perspective, to the police commissioner.
Q.
25
"Report to the Commissioner," it was a
And
Were any other documents taken?
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A. SCHOOLCRAFT
1
A.
I believe
2
of Complaint reports.
3
I believe -- I never located a lot
specifically remember.
4
5
Q.
8
9
10
11
I don't
What is the proper method of maintaining N.Y.P.D.
Complaint reports?
6
7
But the actual number,
MR. NORINSBERG:
A.
Objection.
The proper method would be to keeP. them secured
,
in some fashion or other.
Q.
Were you supposed to keep N.Y.P.D. Complaint
reports in your apartment?
A.
I felt it was necessary to conduct my
12
investigation, and to help the Quality Assurance Division.
13
Like they instructed me to keep my -- anything else I find,
14
to bring to them.
15
than keeping them in my locker at work.
It felt -- at the time, it felt safer
But no,
16
I feel it was appropriate to have these
17
documents.
18
other than the department investigators.
19
20
21
22
Q.
I was not sharing this information with anyone,
How many N.Y.P.D. Complaint reports did you have
in your apartment?
A.
The approximate number,
I would not be able to --
I can't recall all the ones I had.
23
Q.
More than 100?
24
A.
Again,
25
never
I
I can't approximate the number because I
didn't keep a log of -- I never expected anyone
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A. SCHOOLCRAFT
1
to remove it from my home.
2
Q.
3
reports?
4
A.
Well, did you have a box full of Complaint
I would say there was a container full of
5
documents regarding -- regarding issues with the
6
department.
7
missing from that container, when I went back to the house.
And there were certainly folders that were
8
Q.
How large was that container?
9
A.
I would -- I don't recall that size that
10
container was, exactly.
11
plastic container; but normal-sized, not large, not small.
12
.'---~ ...
13
Q.
It was a normal-size box, or a
Are we talking a banker's box or an outdoor
storage box?
MR. NORINSBERG:
14
Objection.
15
A.
Probably a little larger than a banker's box.
16
Q.
Did the officers take all of your documents?
17
A.
No.
18
Q.
There were more that were hidden?
19
A.
I believe the documents I secured with the
20
21
22
I don't believe they found all of them, no.
Quality Assurance Division were still with them.
Q.
So the officers who came to your apartment took
all of the documents from your apartment?
MR. NORINSBERG:
23
Objection.
24
A.
All of what documents?
25
Q.
Well, all of the N.Y.P.D. records that you have
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1
stated, did they take all of them from your apartment or
2
did they leave some?
3
A.
I don't recall the documents -- I don't recall.
4
Q.
Did they take the whole box?
5
A.
No.
I don't -- it was obvious, the container I
6
am referring to was -- was disturbed, but not completely
7
taken.
8
other stuff would have been copies of patrol guide pages
9
and stuff like that.
Just
there was stuff in files and stuff.
The
10
It was -- it was more like, the 61's, I know for
11
sure, and the Report to the Commissioner, the notes on the
12
Report to the Commissioner.
13
recall what else is missing other than the -- the recorder
14
that Marino took.
And I don't specifically
15
Q.
You state that Marino took a recording of yours?
16
A.
Yes.
17
Q.
What recording did he take?
MR. NORINSBERG:
18
Recorder.
19
A.
20
recorder.
21
Q.
What was on that digital voice recorder?
22
A.
Some roll calls.
23
Q.
What roll calls were on there?
24
A.
I
25
He took the actual hardware, the digital voice
don't know, specifically.
I
would have to hear
it.
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A. SCHOOLCRAFT
1
Q.
Had you downloaded the roll calls from that
--
2
recorder to your computer?
3
A.
I don't believe so.
4
Q.
Were you recording the incident with the officers
5
in your apartment on that tape recorder?
A.
6
No -- I believed it was on, at the time that was
7
happening, yes.
8
recording.
9
Q.
But I don't have that recorder's
So you had two recorders at the time of the
incident on October 31, 2009?
10
11
I had at least two recorders, yes.
12
--
A.
Q.
How many recorders did you have?
13
A.
I had the one that picked up the -- the
14
Halloween, the actual home invasion, and the recorder that
15
was in my pocket.
16
Q.
And which one did Chief Marino take?
17
A.
The one they found, when they were searching me.
18
Q.
What brand was that one?
19
A.
It was an Olympus.
20
Q.
Is this the one that looked lick a watch?
21
A.
No.
22
Q.
Is the one that captured the home invasion, the
23
one that looked like a watch?
24
A.
No.
25
Q.
So how many tape recorders did you have?
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I
194
A. SCHOOLCRAFT
MS. PUBLICKER:
1
2
3
Q.
L-0-E-L.
In total, how many doctors did you speak with at
Jamaica Hospital?
4
A.
At least -- at least four, maybe more.
5
Q.
When were you released from the hospital?
6
A.
I believe it was Friday, late afternoon.
7
Q.
Where did you go after you were released from the
8
hospital?
9
A.
I
10
Q.
What hotel did you go to?
11
A.
I
12
street from
went to a hotel.
don't recall the name.
t~e
But it's across the
hospital.
13
Q.
Why did you go to a hotel?
14
A.
My father had a room there, and there was nowhere
15
16
17
else for me to go.
Q.
Did your father have a room there before
October 31, 2009?
18
A.
No.
19
Q.
Where was your father living on October 31, 2009?
20
A.
I believe it was 196 County Highway 107.
21
Q.
Why did you not go home?
22
A.
I didn't have -- they had confiscated the keys to
23
my apartment.
And I didn't feel safe there.
24
Q.
Why didn't you feel safe there?
25
A.
I felt that once they learned that I was out,
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A. SCHOOLCRAFT
1
Q.
Did you record that conversation?
2
A.
I don't believe.
I am assuming the Internal
3
Affairs investigators were recording it, like they should
4
have been.
5
Q.
Why do you assume that?
6
A.
Because they were Internal Affairs investigators,
7
and I believe my accusations were that -- were serious
8
enough to warrant a recording of conversation.
9
Q.
10
I will take that picture back (handing).
Did they tell you they were recording you when
11
you returned to your apartment, after you left the
12
hospital?
13
A.
14
15
16
I don't recall anyone telling me that they were
recording me.
Q.
You were interviewed by I.A.B.
when you were in
the hospital; is that correct?
17
A.
Correct.
18
Q.
When you were interviewed at the hospital, did
19
I.A.B. tell you you were being recorded at that time?
20
A.
21
recorded.
22
Q.
I don't recall anyone ever telling me I was being
23
You claim that Lieutenant Caughey took your memo
book on October 31, 2009; is that correct?
24
A.
Correct.
25
Q.
Did he give your memo book back to you?
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1
A.
Yes.
2
Q.
Was anything removed from your memo book when he
3
4
5
6
7
gave it back to you?
A.
I don't believe so.
I reviewed it.
If there was
anything missing, I don 1 t recall being aware of it.
Q.
Was your memo book defaced in any manner when you
got it back?
8
A.
9
about
There were certain pages with -- I don 1 t know
11
defaced," but there were pages with certain notes on
10
them regarding corruption or misconduct that were
11
earmarked.
They were bent in the corner, or folded over.
12
~-
Q.
Were any of your notes blacked out?
13
A.
I don't recall anything being blacked out.
14
Q.
So Defendant Caughey did not destroy any evidence
15
in your memo book; is that correct?
I don 1 t know.
I don 1 t recall how carefully I
17
reviewed the memo book.
I only had it for -- I believe
18
that memo book is with Internal Affairs investigators right
19
now.
20
remember the pages, certain pages were folded.
16
21
22
A.
I don't recall anything being blacked out.
Q.
I just
Did any defendant ever tell you not to speak to
the media?
23
A.
Not in those exact words, no.
24
Q.
Did they tell you in any words, not to speak to
25
the media?
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A. SCHOOLCRAFT
Q.
1
2
What you meant there when you said that's the way
to fuck him over --
3
A.
Make him answer for his actions.
4
Q.
How did you expect to do that?
5
A.
I expected the Department to take him out of that
6
7
8
9
position and at least admonish him.
Q.
Was there something about going to court you
thought might happen as a result of this?
A.
At the time I was trying to appeal an annual
10
evaluation.
11
others he made reference to a lawsuit, and that gave me the
12
impression he wasn't going to try to mitigate within the
13
precinct or the Department.
14
to find some other way of resolving my employment issue.
15
As far as having the failing evaluation which that starts a
16
paper trial to being fired.
17
18
Q.
And after meeting with Inspector Mauriello and
I was probably going to have
So it is a paper trial to the person who is being
evaluated gets fired, meaning you?
19
A.
That is what I believe; correct.
20
Q.
You intended to sue him and the Department over
21
22
that evaluations?
A.
I believe that was possibly the only way that was
23
going to be handled.
At the time of this conversation,
24
October 7, 2009, I believe I was now referring back to the
25
PBA.
I was communicating with Stuart London, who is an
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43
A. SCHOOLCRAFT
1
attorney with the PBA.
MR. SMITH:
2
And we are not going to talk
3
about any discussions or advice given to you.
I
4
will provide information about your beliefs and
5
expectations and the background for that, but you
6
will not be disclosing the contents of
7
communication with counsel which would include a
8
lawyer at the PBA.
· MR. KRETZ: Do you want to give him the whole
9
10
chapter on attorney/client privilege.
MR. SMITH:
11
Only as much as is necessary.
12
A.
That's an easy one anyway.
13
Q.
I agree.
14
A.
Glad you agree. I can't remember the question.
15
You asked me about a lawsuit.
16
Q.
Yeah.
17
A.
I believe, it doesn't have to be in a courtroom,
18
but I thought maybe once, I can't remember when I first met
19
Stuart London, but I kinda got the feeling it was not going
20
to be a problem.
21
amicably.
22
a few months after first meeting Mr. London, and I've
23
written more letters to the union.
24
like it was going to have to be, I was going to have to
25
find another private attorney, and possibly file a lawsuit.
He was going to be able to handle it
But I don't know, I had the feeling and this is
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A. SCHOOLCRAFT
1
Q.
You had in mind as of the date of this
2
conversation October 7, 2007 you would be in a lawsuit
3
against the NYPD and Mr. Mauriello and others?
4
A.
That question sounded complicated.
5
Q.
As of the date October 7, 2009, your assumption
6
at that point was you would end up in a lawsuit that you
7
would commence against the NYPD?
8
9
10
11
A.
I don't know who it would be against, but
regarding my employment.
That I had already seeked counsel
regarding these issues with a private attorney.
Q.
You told us that.
So, what you had in mind was,
12
you would bring a lawsuit relating to your evaluation
13
whatever that form might be?
14
A.
Assuming that I had one after seeking counsel.
15
am assuming that would be the only way to resolve this
16
I
regarding the employment.
17
18
Q.
Did you expect in that lawsuit to challenge your
modified duty status in the Department?
19
A.
Say that again.
20
Q.
You had in mind that you would be involved in a
21
lawsuit.
22
your evaluation if a lawyer said you could bring such a
23
suit.
24
that lawsuit would involve your modified duty status in the
25
Department?
And you had in mind that lawsuit would involve
And now I am asking whether you had also in mind if
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A. SCHOOLCRAFT
1
2
A.
When you say evaluation, you mean the annual
evaluation I was given by Inspector Mauriello?
3
Q.
Is that what you were referring to?
4
A.
Yes, I think you divided both of them, but there
5
were two evaluations. One caused the modification, I guess,
6
the psych evaluation.
7
Q.
I was talking about your performance evaluation.
8
Did you understand, did you have in mind that the lawsuit
9
you might bring would also involve a challenge to your
10
11
modified duty status?
A.
I don't know if I was aware that would have
12
played into that.
13
to contest that with my union.
14
15
16
Q.
But I was bringing that issue up on how
Did you want to sue about your modified duty
status?
A.
At that time I felt it could been resolved still.
17
Even though it had happened, I still didnrt see any
18
documentation on it.
19
of my memory, I referenced the bell that can't be unrung.
20
But still I had no documentation on what they were doing.
21
Can we go back in time and everyone say knock it off and
22
behave.
23
Q.
I was using references, to the best
Let's go back to February of 2009.
Wasn't there
24
a meeting in February with all your supervising officers
25
where your evaluation was discussed?
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