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.

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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

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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.
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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?

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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.
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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.

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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

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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
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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

- - - - - -

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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

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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?

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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.

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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:

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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.

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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

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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:

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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

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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.
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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:

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