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).
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PLAINTIFF'S MOTION
EXHIBIT 35
Case 1:08-cv-01 034-SAS-H BP Document 298 Filed 05/30/13 Page 29 of 177
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executive officer of the transit borough of Bronx and Queens?
2
A.
I was the commanding officer of the 81st Precinct.
3
Q.
Is it accurate that you became the commanding officer of
4
the 81st Precinct in December 2007?
5
A.
Yes, it is.
6
Q.
Before that you spent a year as the executive officer of
7
the 81st Precinct, correct?
8
A.
Yes.
9
Q.
Who was the CO when you were the executive officer?
10
A.
Deputy Inspector Robert Brower.
11
Q.
The 81st Precinct is in the patrol borough Brooklyn North,
12
correct?
13
A.
Yes.
14
Q.
As the commanding officer of the 81st Precinct, you
15
reported directly to Deputy Chief Marino, correct?
16
A.
17
commanding officer, and also Chief Marino, who is the executive
18
officer.
19
Q.
20
borough Brooklyn North?
21
A.
Yes.
22
Q.
And Chief Nelson is a two star chief, he was the borough
23
commander for Brooklyn North?
24
A.
Yes.
25
Q.
You 1 re aware, are you not, that an allegation was made
I reported directly to Chief Gerald Nelson, who is the
Deputy Chief Marino was the executive officer of patrol
j.
SOUTHERN DISTRICT REPORTERS, P.C.
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against you during your tenure at the 81st Precinct that quotas
2
were maintained in the 81st Precinct?
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allegation, correct?
4
A.
The allegation, yes.
5
Q.
You deny that allegation, is that correct?
6
A.
Of course.
7
Q.
But you know that that allegation was made against you,
8
correct?
9
A.
Yes.
10
Q.
At some point, you were investigated by the NYPD about
11
these allegations, were you not?
12
A.
Yes.
13
Q.
Subsequent to that -- well, let me ask you.
14
You're aware of that
At some point you transferred from the 81st Precinct
15
to your new position as the executive officer of transit
16
borough Brooklyn and Queens, correct?
17
A.
Bronx and Queens.
18
Q.
Bronx and Queens.
19
I'm sorry.
That was on July 3, 2010 when that was communicated to
20
you?
21
A.
Yes.
22
Q.
That was told to you by Chief Hall, correct?
I
23
A.
Yes.
He called me up.
24
Q.
Chief Hall is the chief of patrol for the entire New York
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City Police Department, correct?
r
!!
!
SOUTHERN DISTRICT REPORTERS, P.C.
{212) 805-0300
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Mauriello - direct
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A.
Yes.
2
Q.
When he talked to you on July 3, 2010, this was after
3
allegations had been made against you, correct?
4
A.
Yes.
5
Q.
When he talked to you, he said you were doing a really good
6
job at the 8lst Precinct, right?
7
A.
Yes, he did.
8
Q.
In fact, he wanted to reward you by giving you the position
9
of executive officer of transit borough Bronx and Queens,
10
correct?
11
A.
Yes.
12
Q.
And you considered that a promotion, right?
13
A.
I considered it a transfer.
14
Q.
You considered it a promotion as well, right,
15
you're going to a more important position than what you were
16
in, correct?
17
A.
18
officers.
19
Q.
No.
I mean,
in the sense
I am going to be second commander to more
So that's a step up for you, correct?
20
THE COURT:
21
THE WITNESS:
22
THE COURT:
23
THE WITNESS:
Did you view it that way?
No.
You thought it was lateral?
Yes.
24
Q.
Did you view it as a demotion?
25
A.
No.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
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I
j
I
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Q.
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Department, correct?
3
A.
Yes, sir.
4
Q.
You 1 re aware, are you not, that the Office of the Chief of
5
Department investigates some civilian complaints that are
6
referred to them either by CCRB or other agencies within the
7
police department, correct?
8
A.
Yes, sir.
9
Q.
Some of those allegations --withdraw that.
10
Now, you're familiar with the Office of the Chief of
Allegations of an improper stop and frisk are
11
investigated occasionally by the Office of the Chief of
12
Department, correct?
13
A.
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do with force or abuse or discourtesy or offensive language.
15
Then it goes to the chief of department.
16
Q.
17
don't recall the Office of the Chief of Department
18
investigating allegations of improper stop and frisk?
19
A.
I don't recall reviewing any.
20
Q.
But you do know that when the Office of the Chief of
21
Department is investigating a case, that they refer the case to
22
the precinct where the allegation took place, correct?
23
A.
24
to the precinct.
25
Q.
Usually it's if someone got a summons.
What about stop and frisk,
It doesn't have to
is it your testimony that you
They refer it to the borough, and then the borough sends it
So when you were the commanding officer of the 8lst
SOUTHERN DISTRICT REPORTERS, P.C.
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Case 1:08-cv-01 034-SAS-HBP Document 298
Mauriello
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Filed 05/30/13 Page 33 of 177
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direct
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Precinct,
investigations of officers by the Office of the Chief
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of Department at some point came across your desk, correct?
3
A.
Yes.
4
Q.
And you would refer those out within the precinct for
5
investigation, correct?
6
A.
7
and then he would give it to the
8
against a lieutenant, my XO would do the investigation.
They would get referred to my administrative lieutenant,
MR. MOORE:
9
reo,
reo,
or if it's an allegation
One second, your Honor.
10
Q.
11
the integrity control officer, correct?
12
A.
Yes.
13
Q.
What does the integrity control officer of a precinct do?
14
A.
He is making sure all the officers are following the rules
15
and regulations.
16
Q.
Of the New York ~ity Police Department, correct?
17
A.
Of the New York City Police Department.
18
Q.
As well as being ethical in how they are police officers,
19
correct?
20
A.
Of course.
21
Q.
Occasionally, the !CO would farm those investigations out
22
to sergeants as well?
23
A.
Yes.
24
Q.
So i t wouldn't be uncommon for a sergeant who supervised an
25
officer to be asked to investigate an allegation against that
When you say
you're referring to a position known as
SOUTHERN DISTRICT REPORTERS,
(212) 805-0300
P.C.
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officer that he supervised, correct?
2
A.
3
the allegation was made.
4
Q.
5
called to investigate an officer that he supervises,
6
A.
Yes.
7
Q.
What you're saying is the only limitation would be, if in
8
fact he was on the scene, then you would find somebody else to
9
do the investigation, correct?
As long as the sergeant wasn't personally on the scene when
But assuming he wasn't on the scene, he could still be
correct?
10
A.
Yes.
11
Q.
After that investigation was completed, they would come
12
back to your desk, right?
13
A.
When it was all done,
14
Q.
And you would review it and send it back on to the borough?
15
A.
Yes.
16
sure we have to file it, send it to the borough.
17
Q.
18
Precinct, you don't ever recall receiving a recommendation from
19
the Office of the Chief of Department to discipline any officer
20
that had conducted an illegal stop and frisk,
21
A.
To the best of my knowledge, no.
22
Q.
You know what CompStat is, do you not?
23
A.
Yes,
24
Q.
Tell us what CompStat is.
25
A.
CompStat is --
it would come back to my desk.
Well, I review it, send it to my lieutenant, make
During the time you were the commanding officer of the Blst
right?
I do.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
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Q.
Just briefly.
I know it•s a long process.
2
A.
CompStat brings down a borough.
3
will bring down ten precincts, housing and transit, that work
4
in that area, and they would go over crime trends and crime
5
spikes and violence.
6
Q.
7
as the commanding officer of the 81st Precinct,
8
A.
Yes.
9
Q.
I•m sorry?
10
A.
I still go there as an XO.
11
Q.
You still go there as the executive officer of the transit
12
borough, correct?
13
A.
Of course.
14
Q.
Is it your testimony that from time to time UF-250s would
15
be discussed at CompStat meetings?
16
A.
17
a crime trend 1
18
deployment, and they will put it up on the map.
19
will see what time the crime was happening and what my
20
enforcement is and the violence around it.
21
saying the only time they talk about a 250 was if they did
22
their own -- I guess before we went to CompStat -- they ran a
23
sampling, and if somebody might have been wanted that we
24
stopped on a 250, then my officers might not have known it,
25
they might bring up, this guy you stopped was in the area, he
If it's Brooklyn North, it
On occasion you would attend CompStat meetings in your role
correct?
And I still go to CompStat.
My testimony was that when we go to CompStat, we talk about
and they want to know what my plan is and my
And then they
And I did testify
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
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is a bad guy, he has got an active warrant, and put the picture
2
up.
3
Q.
4
individual 250, generally, and discuss the circumstances of
5
what is in that document, correct?
6
A.
No, they don 1 t do that.
7
Q.
And you said the purpose is to analyze crime trends and you
8
look at the location and then you match it with the
9
enforcement, correct?
That 1 s the only time they ever talk about 250s.
In your experience, they don't actually pull out an
10
A.
11
spike in, say, a certain area, let's say Sector Allen, and I
12
might put a plan out, a foot post or anticrime.
13
at it.
14
and 11 at night, they will look to see what kind of enforcement
15
I have between 3 in the afternoon and 11 at night.
We do a plan.
We have a robbery
They will look
If the robbery is happening between 3 in the afternoon
THE COURT:
16
They put it up on a map.
I would like to interrupt now just to stop
17
for the morning recess and reconvene at quarter of on that
18
clock.
19
(Recess)
20
BY MR. MOORE:
21
Q.
22
the transit borough, he described it as a reward, correct?
23
A.
Yes.
24
Q.
So I suppose that's technically not a promotion, but it's a
25
reward for the job you did at the 8lst Precinct, correct?
Inspector Mauriello, when Chief Hall told you were going to
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
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