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
DIAMOND REPORTING

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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.

624-7200
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You can answer.

[e-mail]

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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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[e-mail]

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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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A. SCHOOLCRAFT
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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
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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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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
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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
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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
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:

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
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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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A. SCHOOLCRAFT
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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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A. SCHOOLCRAFT
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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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202
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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A. SCHOOLCRAFT
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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42

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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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It looked more and more

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44

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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