Schoolcraft v. The City Of New York et al
Filing
310
FILING ERROR - DUPLICATE DOCKET ENTRY - 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, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(Smith, Nathaniel) Modified on 12/24/2014 (db).
PLAINTIFF'S MOTION
EXHIBIT 28
Page 53
--l
SHANTEL JAMES
1
2
guess
3
Brooklyn.
4
to be escorted because I
5
Brooklyn and of course,
6
me
7
going to be relieved at some point in the
8
night and he would have
9
10
and also,
to
So I
I
was not familiar with
didn't know i f he wanted me
the hospital.
Q.
I
know nothing about
he's going to drop
didn't know i f I
was
to drive me back.
Did Lieutenant Anderson tell you
anything about the situation?
11
MS.
PUBLICKER METTHAM:
12
Objection.
You could answer.
13
A.
No,
14
Q.
Did Lieutenant Anderson tell you
he did not.
15
anything about who was already at the
16
hospital?
17
A.
I
18
Q.
When you got to the hospital you
19
don't recall.
saw Lieutenant Bouchard,
right?
20
A.
I
21
Q.
When you saw Lieutenant
22
Bouchard,
23
did.
were you surprised to see him
there?
24
MS.
PUBLICKER METTHAM:
25
Objection.
You could answer.
212-267-6868
VERITEXT REPORTING COMPANY
www.veritext.com
516-608-2400
Page 54
1
SHANTEL JAMES
2
A.
No.
3
Q.
Did i t strike you as unusual
4
that Lieutenant Anderson was giving you this
5
assignment?
6
MS.
PUBLICKER METTHAM:
7
Objection.
You could answer.
8
A.
Yes,
i t did.
9
Q.
Why?
10
A.
Usually supervisors don't s i t on
11
the people in the hospital,
12
member of the service.
13
supervisor and they only wanted supervisors
14
to s i t on Mr.
15
Q.
So I
but then he is a
assumed I
was a
Schoolcraft.
Who conducted the roll
16
the police officers
17
call for
that you were scheduled
to be supervising that evening?
18
MS.
PUBLICKER METTHAM:
19
Objection.
You could answer.
20
A.
I
21
Q.
Somebody must have.
22
A.
Somebody must have,
yes.
23
Q.
Sitting here today,
do you know
have no idea.
24
that Inspector Mauriello,
25
Marino and others went to the residence of
212-267-6868
Deputy Chief
VERITEXT REPORTING COMPANY
www.veritext.com
516-608-2400
Page 55
1
SHANTEL JAMES
2
Adrian Schoolcraft -- went to Adrian
3
Schoolcraft's residence earlier that evening
4
and went into his apartment?
5
MS.
PUBLICKER METTHAM:
6
Objection.
You could answer.
7
A.
8
9
Sitting here now,
today,
yes,
I
know that.
Q.
When did you first become aware
10
that Marino and others went into
11
Schoolcraft's house that night?
12
MS.
PUBLICKER METTHAM:
13
Objection.
You could answer.
14
A.
15
Days later,
days after the
hospital incident.
16
Q.
How did you learn that?
17
A.
I
18
Q.
When you say days later.
19
mean days,
20
heard about i t on the news.
weeks or months later,
Do you
much later
or do --
21
A.
A week.
22
Q.
It was about a
23
A.
Yes.
24
Q.
What news report did you hear?
25
A.
I
212-267-6868
week later?
don't recall.
VERITEXT REPORTING COMPANY
www.veritext.com
516-608-2400
Page 56
SHANTEL JAMES
1
Q.
2
3
Do you recall anything else
about that report?
4
A.
No.
5
Q.
Did you ever have any
6
conversation with anybody about that report
7
or that news report?
8
MS.
PUBLICKER METTHAM:
9
Objection.
You could answer.
10
A.
Other than my mom,
no.
11
Q.
What did you tell your mom?
12
A.
Well,
she actually told me that
13
I
was being sued and she actually told me
14
about these people going into this man's
15
house and she asked me about i t .
16
more about i t than I
17
know anything about it.
Q.
18
I
did,
think I
but I
She knew
because I
didn't
understand what you're
19
saying to me,
just want to make sure.
20
From the time you went to the hospital on
21
October 31st or November 1st,
22
the time you had this conversation with your
23
mom,
24
bunch of members of the service who actually
25
went to Schoolcraft's house,
2009,
up until
you didn't know that there were a
212-267-6868
whole
right?
VERITEXT REPORTING COMPANY
www.veritext.com
516-608-2400
,_-
Page 57
SHANTEL JAMES
1
2
A.
That's
3
Q.
After you got
4
from
correct.
Lieutenant Anderson,
A.
5
I
waited for
7
myself and my driver drove
Q.
9
assignment
what did you do?
got dressed in my uniform,
6
8
a
this
vehicle
I
to become available,
to
the hospital.
Were both you and Sadowsky in
uniform when you got to
the hospital?
10
A.
Yes.
11
Q.
And you both were armed?
12
A.
Yes.
13
Q.
Do you know whose
14
used to
15
A.
No.
16
Q.
I'm assuming that both,
17
cuffs
were
cuff Schoolcraft?
Sadowsky,
you and
were armed?
18
MS.
19
Objection.
20
A.
Yes.
21
Q.
Sorry about
22
A.
No problem.
23
Q.
The
24
25
book,
the
A.
212-267-6868
PUBLICKER METTHAM:
Asked and answered.
that.
second entry in your memo
0500 entry?
Yes.
VERITEXT REPORTING COMPANY
www.veritext.com
516-608-2400
Page 58
SHANTEL JAMES
1
Q.
2
3
Who is
the sergeant that you are
mentioning here?
4
A.
His name is
5
Q.
How do you spell
6
A.
I'm sorry,
7
I
8
Sergeant Manwarren.
I
that?
don't even know i f
am pronouncing i t right.
how to spell his name.
9
Q.
A.
He was
I
don't know
Who was he?
10
So
11
the desk sergeant on
the
date of incident.
Q.
12
And does
this entry indicate
13
that you informed the desk sergeant and
14
Lieutenant Anderson about what occurred
15
here?
16
A.
Yes.
17
Q.
How did you advise
18
facts?
19
20
21
22
them of these
A.
I
I
called them on the cell phone.
called the 81st Precinct desk phone.
Q.
set forth
You reported information that
in this
0500 entry?
23
A.
Yes.
24
Q.
What did you say in response?
25
A.
I
don't recall.
I
don't recall.
VERITEXT REPORTING COMPANY
212-267-6868
www. veritext. com
516-608-2400
Page 59
1
SHANTEL JAMES
Q.
2
3
Did you do anything as a
result
of making this report to them?
4
MS.
PUBLICKER METTHAM:
5
Objection.
You could answer.
6
A.
I
don't know if I
took the
7
initiative to call the emergency service
8
unit or whether or not I
9
call the emergency service unit.
10
Q.
was instructed to
Do you think there's a
11
connection between this report that you made
12
at 0500 and the appearance of ESU at the
13
scene 22 minutes later?
14
MS.
PUBLICKER METTHAM:
15
Objection.
You could answer.
16
A.
Yes.
17
Q.
Am I
correct that at ten minutes
18
after midnight you arrived at Jamaica
19
Hospital with Sadowsky?
20
A.
Yes,
that's correct.
21
Q.
And what was the situation when
22
you arrived?
23
MS.
PUBLICKER METTHAM:
24
Objection.
You could answer.
25
A.
212-267-6868
Upon my arrival
I
was greeted by
VERITEXT REPORTING COMPANY
www.veritext.com
516-608-2400
Page 60
1
SHANTEL JAMES
2
Lieutenant Bouchard,
who told me not to
3
speak to Schoolcraft and he left.
4
observed Schoolcraft sitting on his bed and
5
I
6
to the gurney.
7
station with Officer Sadowsky,
8 ,
approximately two to three feet
9
Schoolcraft's gurney and that was
observed that one of his hands was
I
just sat down there were.
11
exchanged,
12
i t up until
13
Q.
15
16
cuffed
sat down at the nurse's
10
14
I
which was
away from
it.
We
No words
no acknowledgements and that was
5:00 a.m.
When you say that was
it,
that
was meaning nothing occurred up until?
A.
Right.
There were no incidents
that occurred up until
5:00 a.m.
17
Q.
How was
18
A.
I
19
Q.
Was he in civilian clothes or
20
Schoolcraft dressed?
don't recall.
hospital garb?
21
MS.
PUBLICKER METTHAM:
22
Objection.
You could answer.
23
A.
I
don't recall.
24
Q.
I
am going to show you two
25
photographs
212-267-6868
that were taken of the emergency
VERITEXT REPORTING COMPANY
www.veritext.com
516-608-2400
~---------------------------------------------------------------~
Page 61
SHANTEL JAMES
1
2
room at Jamaica Hospital and I
3
are separate photographs.
4
and another one is a
single phone.
5
want you
if you can,
6
whether or not you could recognize these
7
photographs and
8
MS.
9
to
One is
they
two phones
I
just
tell me
PUBLICKER METTHAM:
Are yo\1
marking those?
10
11
tell me,
just --
MR.
Q.
SMITH:
Yes.
And if you could tell where
12
Schoolcraft's gurney was and where
13
Schoolcraft was in relationship to either
14
one of these photographs?
15
16
MR.
OSTERMAN:
Were those marked
previously?
MR.
17
but I
SMITH:
I
don't think they
18
were,
have copies.
I
am going to
19
mark as 118 the photograph with two
20
phones and 119 as the photograph with
21
one phone and just take a
22
those.
look at
i.
(Plaintiff's Exhibit 118,
23
24
photocopy of a
25
for
photograph,
identification as of this date.)
L___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
212-267-6868
was marked
- - - - - -
VERITEXT REPORTING COMPANY
www.veritext.com
516-608-2400
Page 62
SHANTEL JAMES
1
(Plaintiff's Exhibit 119,
2
3
photocopy of a
4
for
5
A.
6
familiar
Q.
7
8
photograph,
was marked
identification as of this date.)
This doesn't look
Okay.
to me --
Hold on.
Let everybody else
catch up.
9
A.
Okay.
I'm sorry.
10
Q.
Okay.
So have you had a
11
to
chance
look at 118 and 119?
12
A.
I
have.
13
Q.
Can you tell me where
14
Schoolcraft was
15
one of these telephones?
16
MS.
17
Objection.
18
A.
in relationship to either
19
20
I
PUBLICKER METTHAM:
You can answer.
can't because this
doesn't look familiar
Q.
layout
to me at all.
Can you tell me what the layout
21
was when you got to the hospital
22
after midnight on November 1,
ten minutes
2009?
23
MS.
PUBLICKER METTHAM:
24
Objection.
You could answer.
25
A.
212-267-6868
Sure.
I
came into the emergency
VERITEXT REPORTING COMPANY
www.veritext.com
516-608-2400
Page 63
SHANTEL JAMES
1
2
room,
double doors,
Schoolcraft was maybe
3
five beds from the double doors.
4
speaking of the phone incident,
5
he definitely did not use these two phones
6
because I
7
the wall.
8
while I
9
Q.
you
I
I
know that
remember the phone was hanging on
was
So he did not use these phones
there.
I
don't mean to interrupt you,
10
but I
just want to make the record clear
11
that you're indicating the phones which are
12
depicted in 118?
13
A.
Yes.
14
Q.
Go ahead,
15
A.
If I
please.
remember correctly,
the
16
nurse's station was positioned in front of
17
the gurney and Schoolcraft walked around the
18
nurse's
19
right of the station,
20
positioned here.
21
desktop here.
22
Q.
station and he used the phone to the
which would have been
Not attached to this
So when you walked into the
23
emergency room through the double doors,
24
the telephone that Schoolcraft later used
25
that evening to your left?
212-267-6868
VERITEXT REPORTING COMPANY
www.veritext.com
was
516-608-2400
Page 64
1
SHANTEL JAMES
A.
2
It was.
MR.
3
SMITH:
am going mark
this as 120.
4
(Plaintiff's Exhibit 120,
5
6
photocopy of a
7
for
8
Q.
9
And I
photograph,
was marked
identification as of this date.)
Now this
is another photograph
at the Jamaica Hospital,
but I
am not
10
showing you this about the phone at all,
11
because this actually was a photograph taken
12
at a
13
emergency room,
14
like the gurney that Schoolcraft was
15
you got there?
different location than in the
but does
this gurney look
16
MS.
PUBLICKER METTHAM:
17
Objection.
You could answer.
18
A.
Yes.
19
Q.
Was
in when
in was
the gurney that Schoolcraft
20
was
i t elevated like the ones
21
depicted in 120 with the back up or was
22
Schoolcraft in the gurney with the back
23
down?
24
MS.
25
Objection.
212-267-6868
PUBLICKER METTHAM:
You can answer.
VERITEXT REPORTING COMPANY
www.veritext.com
516-608-2400
Page 65
1
SHANTEL JAMES
2
MR.
A.
3
I
be a
5
MR.
I t ' s 11:25,
7
PUBLICKER METTHAM:
good time for a
6
SMITH:
MR.
9
10
record,
11
Q.
Would i t
break?
Yeah,
that's fine.
going off the record.
(Whereupon,
8
Objection.
don't remember.
MS.
4
OSTERMAN:
SMITH:
a
recess was
taken.)
Going back on the
i t ' s 11:40.
Sergeant,
when you got to the
12
hospital and you saw Schoolcraft,
13
the first
14
before?
15
A.
Yes.
16
Q.
Did you know,
was
that
time you had ever seen Schoolcraft
17
there,
that he was a
18
when you got
police officer at the
81st Precinct?
19
A.
Yes.
20
Q.
How did you know that?
21
A.
I
22
23
24
roll
recall
seeing his name on the
call.
Q.
Had you heard anything at all
about Schoolcraft at that time?
25
MS.
212-267-6868
PUBLICKER METTHAM:
VERITEXT REPORTING COMPANY
www.veritext.com
516-608-2400
Page 66
SHANTEL JAMES
1
2
Objection.
3
A.
You could answer.
Not to my knowledge.
MR.
4
5
Q.
Let me rephrase that
question.
6
SMITH:
At the time that you got to the
7
hospital,
when you first
saw Schoolcraft,
8
had you heard anything from anybody at any
9
time previously about Schoolcraft?
10
MS.
PUBLICKER METTHAM:
11
Objection.
You could answer.
12
A.
Not that I
13
Q.
Did you have any idea why you
recall.
14
were supposed to be guarding Schoolcraft for
15
his safety?
16
MS.
17
Objection.
18
could answer again.
19
A.
No,
20
Q.
Did you have any understanding
21
as
to what his
22
PUBLICKER METTHAM:
Asked and answered.
I
You
did not.
status was when you got to
the hospital?
Objection.
23
MR.
OSTERMAN:
24
MS.
PUBLICKER METTHAM:
25
Objection.
You could answer.
VERITEXT REPORTING COMPANY
212-267-6868
www. veritext. com
516-608-2400
Page 67
SHANTEL JAMES
1
2
A.
No.
3
Q.
Did you know whether or not he
4
was a perp or EDP or something else?
5
MS.
6
Objection.
7
A.
I
8
Q.
Did you have any understanding
9
10
PUBLICKER METTHAM:
You can answer.
did not know.
about what risk he was subject to which
needed protection?
11
MS.
PUBLICKER METTHAM:
12
Objection.
You could answer.
13
A.
I
14
Q.
When you got to the hospital,
did not.
15
did you understand that you were to be
16
guarding Schoolcraft for his
17
he was a
18
else was a
safety,
because
risk to himself or because somebody
risk to him?
19
MS.
PUBLICKER METTHAM:
20
Objection.
You could answer.
21
MR.
OSTERMAN:
22
MR.
LEE:
23
MR.
KOSTER:
24
A.
I
25
Q.
Am I
212-267-6868
Objection.
Object to the form.
Objection.
did not know.
correct that your
VERITEXT REPORTING COMPANY
www. veritext. com
516-608-2400
Page 68
SHANTEL JAMES
1
2
conversation with Bouchard,
3
there,
was a
when you got
very quick conversation?
4
A.
Yes,
5
Q.
And the sum and substance of
i t was very brief.
6
that conversation was don't talk
7
I'm leaving?
8
A.
Yes.
9
Q.
Did he provide you with any
10
to him and
other information about the situation?
11
MS.
PUBLICKER METTHAM:
12
Objection.
You could answer.
13
A.
No,
14
Q.
Did anybody else provide you
he did not.
15
with any other information about the
16
situation?
17
MS.
PUBLICKER METTHAM:
18
Objection.
You could answer.
19
MR.
OSTERMAN:
No,
they did not.
MR.
SMITH:
20
A.
21
22
Q.
will
rephrase
that.
23
I
Objection.
24
Did anybody from
the police
department provide you with any information?
25
MS.
212-267-6868
PUBLICKER METTHAM:
VERITEXT REPORTING COMPANY
www. veritext. com
516-608-2400
Page 69
SHANTEL JAMES
1
2
Objection.
3
A.
No.
4
Q.
Did anybody from the hospital
5
You could answer.
provide you with any information?
6
MS.
PUBLICKER METTHAM:
7
Objection.
You could answer.
8
A.
No.
9
Q.
Did you receive any instructions
10
from anybody at the hospital?
MR.
11
OSTERMAN:
Objection.
12
A.
No.
13
Q.
You give any instructions
14
to
anybody at the hospital?
15
MS.
PUBLICKER METTHAM:
16
Objection.
You could answer.
17
A.
No,
18
Q.
So when you got to
I
did not.
the hospital
19
and Schoolcraft was in the gurney,
you and
20
Sadowsky sat down in chairs and you were
21
watching him;
is that correct?
22
MS.
PUBLICKER METTHAM:
23
Objection.
You could answer.
24
A.
Yes.
25
Q.
And is i t fair
212-267-6868
to say that
VERITEXT REPORTING COMPANY
www.veritext.com
516-608-2400
Page 70
SHANTEL JAMES
1
2
basically nothing happened for
3
and a
half,
the next four
five hours?
4
MS.
PUBLICKER METTHAM:
5
Objection.
You could answer.
6
MR.
OSTERMAN:
Objection.
7
A.
Yes.
8
Q.
You don't recall anything
9
happening,
right?
10
MR.
OSTERMAN:
11
MS.
PUBLICKER METTHAM:
12
Objection.
13
A.
I
14
Q.
Do you recall Schoolcraft saying
15
Objection.
You can answer.
do not.
anything during that period of time?
16
MS.
PUBLICKER METTHAM:
17
Objection.
18
A.
No.
19
Q.
Do you recall him doing anything
You can answer.
20
during that approximately five-hour period
21
of time?
22
A.
No.
23
Q.
Did you see him speaking to
24
25
anybody?
A.
212-267-6868
I
don't recall.
VERITEXT REPORTING COMPANY
www.veritext.com
516-608-2400
Page 71
SHANTEL JAMES
1
2
3
Q.
Did you see him using a
telephone?
4
A.
I
5
Q.
Is i t fair
don't recall.
to say he
just wasn't
6
a problem at all up until 5:00 in the
7
morning,
right?
8
MR.
OSTERMAN:
9
MS.
PUBLICKER METTHAM:
10
Objection.
You can answer.
11
A.
Yes,
i t ' s fair
12
Q.
What was his demeanor like
13
Objection.
to say.
during that five-hour period?
14
MS.
PUBLICKER METTHAM:
15
Objection.
You could answer.
16
A.
He appeared to be very calm.
17
Q.
Am I
18
correct that you didn't say
anything to him?
19
A.
That's correct.
20
Q.
And Sadowsky didn't say anything
21
to him?
22
A.
Not to my knowledge.
23
Q.
Did Schoolcraft try and
24
communicate with either you or Sadowsky?
MS.
25
212-267-6868
PUBLICKER METTHAM:
VERITEXT REPORTING COMPANY
www. veri text. com
516-608-2400
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?