Schoolcraft v. The City Of New York et al

Filing 380

DECLARATION of Matthew J. Koster in Opposition re: 305 MOTION for Summary Judgment .. Document filed by Lillian Aldana-Bernier. (Attachments: # 1 Exhibit Exhibit A Part 1, # 2 Exhibit Exhibit A Part 2, # 3 Exhibit Exhibit A Part 3, # 4 Exhibit Exhibit A Part 4, # 5 Exhibit Exhibit B, # 6 Exhibit Exhibit C, # 7 Exhibit Exhibit D Part 1, # 8 Exhibit Exhibit D Part 2, # 9 Exhibit Exhibit D Part 3, # 10 Exhibit Exhibit E)(Koster, Matthew)

C)

Page 101
Page
L. ALDANA-BERNIER
L.

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3

his supervisor and himself.
his supervisor
himself.
Am I correct that up until this
I correct that
this

Q.

4

note that nobody at Jamaica Hospital had
note that nobody at Jamaica Hospital

5

attempted to admit Mr. Schoolcraft under
attempted to admit Mr.
under

6
6

9.39 of the Mental Hygiene Law, correct?
9.39 of the Mental Hygiene Law, correct?
MR. CALLAN: Objection to the
MR. CALLAN:
Objection to the

7
7
8

form of the question.
form of the question.

F

MR. LEE: Likewise.
MR. LEE: Likewise.

9
10
10

A.
A.

Can you say that again?
Can you say that again?

13.
11

Q.

Prior to this note of November
Prior to this note of

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12
13
13

review of the records, nobody at Jamaica
review of the records,
at Jamaica

14
14

Hospital had attempted to admit Mr.
Hospital had
to
Mr.

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15

Schoolcraft under 9.39 of the Mental
Schoolcraft under 9.39 of the Mental

16
16

Hygiene Law up to that point, correct?
Hygiene Law up to that point, correct?

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17

,1)

1, 2009, at 6:30 a.m. and from your
1, 2009, at 6:30 a.m. and from

MR. RADOMISLI: Objection to
MR. RADOMISLI:
Objection to

18
18

form.
form.

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19

MR. CALLAN: Same objection.
MR. CALLAN: Same objection.

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20

MR. LEE: Me too.
LEE: Me too.
MR.

21

MR. RADOMISLI: Can you rephrase
MR. RADOMISLI: Can you rephrase

22
22

the question?
the question?
MR. SUCKLE: I think it's
MR. SUCKLE:
I think it's

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24

1

I

perfectly fine.
fine.
MR. RADOMISLI: You can say
MR. RADOMISLI: You can say

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Page 102
L. ALDANA-BERNIER
L.

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prior to.
prior to.

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3

MR. SUCKLE: II think I just did.
MR. SUCKLE:
think I just did.

4

MR. RADOMISLI: No. You're
No. You're
MR. RADOMISLI:

5

referring to your note.
referring to your note. You're
You're

6
6

characterizing the note in a certain
characterizing the note in a certain

7

way.
way.

8

Q.
Q.

9
9

Prior to 6:30 on November 1,
Prior to 6:30 on November 1,

2009, had anyone at Jamaica Hospital
2009, had anyone at Jamaica

10
10

attempted to admit Mr. Schoolcraft
attempted to admit Mr. Schoolcraft

11

pursuant to Section 9.39 of the Mental
pursuant to Section 9.39 of the Mental

_

12
12

Hygiene Law?
Hygiene Law?

Y

13
13

MR. CALLAN:
MR. CALLAN: Objection. How
Objection.
How

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14

would she know five years before it
would she know five years before it

15
15

happened? Are you talking about the
happened?
Are you talking about the

16
16

records she has in front of her?
records she has in front of her?

17
17

Q.

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18

From your review of the
your review of the

records?
records?

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19

MR. CALLAN: Which record?
MR. CALLAN: Which record?

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20

MR. SMITH: The record should
MR. SMITH:
The record should

21

reflect, the Witness has the entire -reflect, the Witness has the entire

22
22

MR. SUCKLE: We've already done
MR. SUCKLE:
We've already done

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23
24
}

this, Counsel. It's on the record
this, Counsel. It's on the record
she's reading from Exhibit 69.
she's
from
69.

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25

MR. CALLAN: You can specify
MR. CALLAN:
You can specify

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L. ALDANA-BERNIER
L.

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that.
that.
MR. SUCKLE: We were talking
MR. SUCKLE: We were talking

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3
4

about it and she's testified to it.
about it and she's testified to it.
MR. CALLAN: Just because we
MR. CALLAN: Just because we

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6
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were talking
were talking about it does not mean
it does not

7
7

that is what a specific question is
that is what a
question is

8

referring to.
to.
MR. SUCKLE: Every question has
MR. SUCKLE:
Every question has

9
9
10
10

been asked about the record she has in
been
the record she has in

11

front of her. If you think there is a
front of her. If you think there is a

qx

12
12

problem here, we will be asking it
problem here, we will be asking it

' ....Q

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13

that way every time.
that way
time.
MR. CALLAN: There is a way to
MR. CALLAN: There is a way to

14
14
15
15

correctly ask the question.
correctly ask the question. I'm just
I'm just

16
16

asking that you answer it correctly.
asking that you answer it correctly.
You can answer if he is talking
You can answer if he is talking

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17
18
18

about this record.
about this record.
MR. SUCKLE: Of course.
MR. SUCKLE: Of course.

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19
20
20

Q.

In your review of the record
In your review of the record

21
22
22

has anybody at Jamaica Hospital ever
has
at Jamaica Hospital ever

23
23

during this admission tried to admit Mr.
during this admission tried to
Mr.

24
24
)

that you have sitting in front of you,
that you have sitting in front of you,

Schoolcraft pursuant to Section 9.39 of
Schoolcraft
to Section 9.39 of

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25

the Mental Hygiene Law?
the Mental
Law?

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L. ALDANA-BERNIER
L.

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A.
A.

Referring to this admission?
Referring to this admission?

3

Q.
Q.

Yes.
Yes.

4

A.
A.

She want the patient
She want the patient

5

transferred to the psych ER.
transferred to the psych ER. That is an
That is an

6

admission to the psych ER.
admission to the
ER.

7

Q.
Q.

The question is: Did anybody
The question is: Did anybody

8

try to admit Mr. Schoolcraft pursuant to
try to admit Mr. Schoolcraft
to

9

Section 9.39 of the Mental Hygiene Law
Section 9.39 of the Mental Hygiene Law

10

prior to 6:30 in the morning from your
prior to 6:30 in the
from

11

review of Mr. Schoolcraft's chart?
review of Mr. Schoolcraft's chart?

12

A.
A.

This alone is admission to the
This alone is admission to the

13

psych ER, transfer to the psych ER after
psych ER, transfer to the
after

14

medical clearance. From there she
medical clearance.
From there she

15

admitted the patient to the psych ER.
admitted the patient to the psych ER.

16

Q.
Q.

The
was "did they
The question was "did they

17

invoke Section 9.39 of the Mental Hygiene
invoke Section 9.39 of the Mental Hygiene

18

Law at any time prior to 6:30 in the
Law at any time
to 6:30 in the

19

morning?
morning?
MR. CALLAN: Objection to the
MR. CALLAN:
Objection to the

20
21

form of the question.
of the question.
MR. RADOMISLI: Objection to the
MR. RADOMISLI:
Objection to the

22
23

form.
form.

24

Q.
Q.

25

Did anybody try to admit Mr.
anybody try to admit Mr.

Schoolcraft pursuant to 9.39 of the
Schoolcraft
to 9.39 of the

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L. ALDANA-BERNIER
L.

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Mental Hygiene Law prior to 6:30 in the
Mental Hygiene Law prior to 6:30 in the

3

morning at Jamaica Hospital
morning at Jamaica Hospital based on your
on

4

view of the Jamaica Hospital chart you
view of the Jamaica Hospital chart you

5

have in front of you?
have in
you?

6

Once they transferred to the
Once they transferred to the

A.
A.

7

psych ER, that patient is admitted to the
psych ER, that patient is admitted to the

8

psych emergency room.
psych
room.

9

Q.
Q.

I

Is every patient admitted to
Is
admitted to

10
11

)

the psych emergency room admitted
the psych emergency
admitted
pursuant to Section 9.39?
pursuant to Section 9.39?

12

A.
A.

To the emergency room, yes.
To the
room, yes.

13

Q.
Q.

So every patient that goes to
So every
that goes to

14

the psych emergency room is admitted from
the psych
is admitted from

15

your understanding pursuant to 9.39 of
your
to 9.39 of

16

the Mental Hygiene Law?
the Mental
Law?

17

A.
A.

I think you are using that 9.39
I think you are
that 9.39

18

in the wrong way. 9.39 is when a patient
in the wrong way. 9.39 is when a patient

19

is admitted to inpatient unit.
is admitted to inpatient unit. When the
When the

20

patient is a transferred to psych ER, we
patient is a transferred to
ER, we

21

don't use 9.39.
don't use 9.39.
If the patient needs further
If the
needs further

22
23

treatment in the psych ER, then we
treatment in the
ER, then we

24

transferred to the psych ER.
transferred to the
ER.

25

Q.
Q.

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So the answer is no, no one
So the answer is no, no one
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L. ALDANA-BERNIER
L.

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tried to admit Mr. Schoolcraft pursuant
tried to admit Mr. Schoolcraft pursuant

3

to 9.39 -to 9.39 --

4

A.
A.

5

wrong way.
wrong way.

6

Q.
Q.

7

I just want to know whether or
I just
to know whether or

not anybody tried to admit -not anybody tried to admit
MR. CALLAN: She's answered the
MR. CALLAN:
She's answered the

8
9

But you're using it in the
you're using it in the

question three times.
question three times.

10

MR. SUCKLE:
MR. SUCKLE:

No, she hasn't.
No, she hasn't.

11

MR. CALLAN: What do you think,
MR. CALLAN:
What do you think,

12

people get teleported? They have to
people get teleported? They have to

13

be evaluated.
be evaluated.

14

MR. SUCKLE: Keep your
MR. SUCKLE:
Keep your

15

objections as to form as the rules
objections as to form as the rules

16

require.
require.
MR. CALLAN: You don't seem to
MR. CALLAN:
You don't seem to

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18

get it when an objection to form is
get it when an objection to form is

19

made.
made.

MR. SUCKLE: She's not answered
MR. SUCKLE:
She's not answered

20
21

She's answered it three times.
She's answered it three times.

it once.
it once.

22

THE WITNESS: That's my answer.
THE WITNESS: That's my answer.

23

MR. CALLAN:
Do you think they
MR. CALLAN: Do you think they

24

teleport -teleport -MR. SUCKLE: No more speaking
MR. SUCKLE:
No more speaking

25

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\.

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L. ALDANA-BERNIER
L.

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objections.
objections.

Should we just call
we just call

3
3

Justice Sweet?
Justice Sweet?

4

MR. CALLAN: -- inpatient
MR. CALLAN: -- inpatient

5

treatment or do
have to
treatment or do they have to be

6
6

evaluated?
evaluated?

7
8

the record in violation of the rules.
the record in violation of the rules.

9
9

1

MR. SUCKLE: You're speaking on
MR. SUCKLE: You're speaking on

MR. CALLAN:
MR. CALLAN: Make the call.
Make the call. Be
Be

10
10

my guest.
my guest.

11

Q.
Q.

Was Mr. Schoolcraft admitted
Was Mr. Schoolcraft admitted

_

12
12

pursuant to 9.39 of the Mental Hygiene
pursuant to 9.39 of the
Hygiene

)

13
13

Law at any time during his admission to
Law at any time
his admission to

14
14

Jamaica Hospital?
Jamaica Hospital?

15
15
16
16
17
17

A.
A.

The patient was transferred to
The patient was transferred to

the psych ER.
the
ER.
Q.

18
18

I know.
I know.
Was he ever
Was he ever admitted pursuant

19
19

to Section 9.39 of the Mental Hygiene Law
to Section 9.39 of the
Hygiene Law

20
20

at any time during his admission in
at any time
admission in

21

October and November 2009 pursuant to
October
2009
to

22
22

Section 9.39?
Section 9.39?

23
23

A.
A.

I did it myself when he was in
I
it
was in

24
24
)

the psych ER. II made that decision he
the psych ER.
made that decision he

25
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was admitted.
was admitted.

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Page 108
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L. ALDANA-BERNIER
L.

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Q.
Q.

Are you the first physician
Are you the first

that made that decision?
that made that decision?

4

A.
A.

Yes, I was.
Yes, I was.

5

Q.
Q.

And is that the first time when
is that the first time when

6

you made the decision that somebody
you made the decision that somebody

7

attempted to comply with Section 9.39 of
attempted to comply with Section 9.39 of

8

the Mental Hygiene Law in order to admit
the Mental Hygiene Law in order to admit

9

Mr. Schoolcraft?
Mr. Schoolcraft?
MR. RADOMISLI: Objection to
MR. RADOMISLI: Objection to

10
11

form.
form.

12

A.
A.

Was it the first time?
Was it the first time?

13

Q.
Q.

Yes.
Yes.
Was your
Was your conduct the first
the

14
15

effort on behalf of Jamaica Hospital to
effort on behalf of Jamaica Hospital to

16

admit him pursuant to Section 9.39 of
admit him pursuant to Section 9.39 of

17

Mental Hygiene Law -Mental
Law
MR. CALLAN: Objection to form.
MR. CALLAN: Objection to form.

18
19

Q.
Q.

-- per your evaluation?
per
evaluation?

20

A.
A.

I was the one that did the
I was the one
did the

21
22

9.39.
9.39.
Q
Q.

Were there any other
Were there any other

23

evaluations of Mr. Schoolcraft from the
evaluations of Mr. Schoolcraft from the

24

psychiatric perspective prior to your
psychiatric
to your

25

note of November 2nd, 2009, at 3:10 p.m.
note of November 2nd, 2009, at 3:10 p.m.

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L. ALDANA-BERNIER
L.

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A.
A.

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3
4

Yes, the notes of 11/1/09 at 12
Yes, the notes of 11/1/09 at 12

p•m•
p.m.

*
Q.

Did you review this November 1,
review this November 1,

5

2009, 12 p.m. note prior to writing your
2009, 12 p.m. note prior to

6

note on November 2nd, 2009, at 10 p.m. _ note on November 2nd, 2009,
10 p.m. --

7

A.
A.

MR. CALLAN:
MR. CALLAN:

8
9
10
11
ll

Yes.
Yes.
11/1/09
11/1/O9

at 12 p.m.
at 12 p.m.

is the note.
is the note.
Q.

Did you review this note prior
review this note

to you writing your note of November 2nd?
to you writing your note of
2nd?

12

MR. LEE: Objection.
MR. LEE: Objection.

13

Off the record.
Off the record.

14

[Discussion held off the
[Discussion held
the

15

record.]
record.]
MR. SMITH:
Let me shut this
MR. SMITH: Let me shut this

16
17

off.
off.

[Whereupon, at 12:42 p.m., a
[Whereupon, at 12:42 p.m., a

18
19

recess was taken.]
recess was taken.]
[Whereupon, at 12:43 p.m. , the
[Whereupon, at 12:43 p.m.,

20
21

testimony continued.]
testimony continued.]

22
23

looking at a page that has at the top
looking
a page that has at the top

24

)

MR. CALLAN: My client is
MR. CALLAN:
My client is

11/1/09, time 12 p.m., Jamaica
11/1/09, time 12 p.m.,

25

Hospital Medical Center.
Hospital Medical Center. She's
She's

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L.
L. ALDANA-BERNIER

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looking at that at the top of the
looking at that at the top of the

3

page.
page.

4
5

Take if
there, Counsel.
Take if from there, Counsel.
Q.
Q.

The note that counsel
The note that counsel described

6
6

as the
page, do
know how
as the first page, do you know how many

7
7

pages that is in the record?
pages that is in the record?

8
8

A.
A.

Seven pages.
Seven pages.

9
9

Q.
Q.

Is the last
of that note
Is the last page of that note

10
10

the psychiatrist's name
a stamp Dr.
the psychiatrist's name with a stamp Dr

11
11

Tariq, is that the last page of that
Tariq, is that the last page of that

_

12
12

note?
note?

‘»)

13
13

A.
A.

Yes.
Yes.

14
14

Q.
Q.

Who is Dr. Tariq, do you know?
know?
Who is Dr. Tariq, do

15
15

A.
A.

He was the resident.
He was the resident.

16
16

Q.

Medical resident, psychiatric
Medical resident, psychiatric

17
17

resident?
resident?

18
18

A.
A.

resident.
Psychiatric resident.

19
19

Q.
Q.

just since you're on the
And just since you're on the

20

page, you wrote "disposition," what does
page, you wrote "disposition," what does

21

that mean?
that mean?

22
22

A.
A.

We have to decide whether we
We have to decide whether we

23
23
24
24
J

and stabilize the
or
hold and stabilize the patient or
discharge the patient.
discharge the patient.

25

Q.
Q.

212-267-6868

Where was the
Where was the patient
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L.
L. ALDANA-BERNIER

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physically:
Was he in the medical
physically: Was he in the medical

3
3

emergency room?
emergency room?

4

A.
A.

He is in the psych ER.
He is in the psych ER.

5

Q.
Q.

At this
he was in the
At this point he was in the

6
6

ER?
psych ER?

7
7

A.
A.

Yes
Yes.

8

Q.
Q.

And at this point, what did Dr.
at this point, what did Dr.

9
9

Tariq write with
to disposition?
Tariq write with regard to disposition?

10
10

1

/

stabilize.
Hold and stabilize.

11
.

A.
A.

Q.
Q.

What does hold mean?
does
mean?

12
12

A.
A.

When we hold the patient and
the
and

13
13

stabilize the patient.
stabilize the patient.

14
14

Q.

free to leave?
Was the
Was the patient free to leave?

15
15

A.
A.

No.
No. It said hold and
It said hold and

16
16

stabilize.
stabilize.

17
17

Q.
Q.

18
18

19
19
20
20
21
22
22

Was
Was he being held in
held in

restraints?
restraints?
A.
A.

Are
Are you asking if the hold is
if the
is

in restraints or was the patient -in restraints or was the
-Q.
Q•

he
Was he physically being

restrained at that point?
that point?

23
23

I don't know.
I
know.

24
24
)

A.
A.
Q.
Q.

What was physically preventing
was
preventing

25

him from leaving?
him from leaving?

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L. ALDANA-BERNIER
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2
2

A.
A.

[No response.]
[No response.]

3
3

Q.
Q•

Were the doors locked?
Were the doors locked?

4

A.
A.

Yes.
Yes.

5

Q.
Q.

So the doors were locked?
So the doors were locked?

6
6

A.
A.

In the emergency room.
In the emergency room.

7
7.

Q.

So when you are in the psych
So when
are in the psych

8

emergency room and someone says hold, the
someone says hold, the
emergency room

9

doors are locked and you can't get out?
you can't get out?
doors are locked

10
10

A.
A.

It means to say being kept in
It means to say
kept in

11
11

emergency room for further stabilization
emergency room for further stabilization

12
12

and admission.
and admission.

13
13

Q.
Q.

Had Mr. Schoolcraft desired to
Had Mr. Schoolcraft
to

14
14

leave, he wouldn't be able because the
leave, he wouldn't be able
the

15
15

doors are locked, correct?
doors are locked, correct?

16
16
17
17
18
18

A.
A.

No one can run out of the
No one can run out of the

emergency room. The doors are locked.
emergency room. The doors are locked.
Q.
Q.

Any other way that Mr.
Any
that Mr.

19
19

Schoolcraft was being held other than the
Schoolcraft was being
other than the

20
20

doors being locked?
doors being locked?

21

A.
A.

Hold, I don't know how you are
Hold, I don't know

22
22

using hold. Hold is just to keep
using hold. Hold is just to keep

23
23

inpatients in the emergency room for
inpatients in the emergency room for

24
24

stabilization.
further admission and stabilization.
further

25
25

Q.

212-267-6868

He wasn't free to go home,
He wasn I t free to go home,
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correct?
correct?

3
3

A.
A.

Yes.
Yes.

4

Q.
Q.

He was not?
He was not?

5

A.
A.

He was not discharged.
He was not discharged. That's
That's

6
6
7
7

why it says hold and stabilize.
why it says hold and stabilize.
Q.
Q.

Am I correct Dr. Tariq on the
I correct Dr. Tariq on the

8

third written page on the second page of
third written page on the
of

9

the printed form, there is a place called
the printed form, there is a place called

10
10

suicide attempts? Do you see that, there
suicide attempts? Do you see that, there

11

is a line that says, suicide attempts?
is a line that says, suicide attempts?

12
12

A.
A.

Suicidal ideations?
Suicidal ideations?

13
13

Q.
Q.

Past psychiatric history, under
history, under

14
14

past psychiatric history.
past psychiatric history.

15
15

A.
A.

Okay.
Okay.

16
16

Q.
Q.

The box no suicide attempts in
The box no suicide attempts in

17
17

the past psychiatric history, correct?
the past psychiatric history, correct?

18
18

A.
A.

That's correct.
That's correct.

19
19

Q.
Q.

Under violence, no history of
violence, no history of

20
20

l

violence, correct?
violence, correct?

21

A.
A.

That's correct.
That's correct.

22
22

Q.
Q.

And in the chart actually
in the chart actually

23
23

24
24
)

immediately adjacent page actually the
immediately adjacent page
the
back of one of the forms, Dr. Tariq has
back of one of the forms, Dr. Tariq has

25
25

written in the last paragraph, "Patient
written in the last paragraph, "Patient

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denies recent suicidal or homicidal
denies recent suicidal or homicidal

3

thoughts," correct?
thoughts," correct?

4

A.
A.

That's correct.
That's correct.

5

Qt
Q.

And then when we talk about
then when we talk about

6

mental status exam -- part of this is a
mental status exam -- part of this is a

7

mental status exam. Do you see that part
mental status exam.
Do you see that part

8

of the printed form, that's page 4 of the
of the printed form, that's page 4 of the

9

printed form?
printed form?

10

A.
A.

Uh-huh.
Uh-huh.

11

Q.
Q.

Yes?
Yes?

12

A.
A.

Yes.
Yes.

13

Q.
Q.

Mental status, is that the
Mental status, is that the

14

mental status examination that
mental status examination that you and I
and I

15

were talking about earlier today?
were talking about earlier today?

16

A.
A.

Yes.
Yes.

17

Q.

The same type of examination?
The same type of examination?

18

A.
A.

Yes.
Yes.

19

Q.

Here in response to questions,
Here in response to questions,

20

Mr. Schoolcraft has given some answers,
Mr. Schoolcraft has given some answers,

21

correct?
correct?

22

A.
A.

That's correct.
That's correct.

23

Q.

And those answers have been
those answers
been

24
25

written down?
written down?

A.
A.

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1
2
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L. ALDANA-BERNIER
L.
Q.
Q.

And the doctor has had a chance
the
has had a chance

3
3

to assess the patient as the patient sits
to assess the patient as the
sits

4

in front of him?
in front of him?

5

A.
A.

That's correct.
That's correct.

6
6

Q.
Q.

And the patient wrote down what
the patient wrote down

7
7

he saw, correct?
he saw, correct?

8

A.
A.

Correct.
Correct.

9

Q.
Q.

That was Dr. Tariq that wrote
That was Dr.
that

10
10

that down, correct?
that down, correct?

11

A.
A.

Correct.
Correct.

12
12

Q.
Q.

Under mental status, appearance
Under mental status, appearance

13
13

and attitude, "cooperative at this time."
and attitude, "cooperative at this time."

14
14

Do you see that?
Do you see that?

15
15

A.
A.

Yes.
Yes.

16
16

Q.
Q.

Do
any reason to
Do you have any reason to

17
17

believe as you read that in 2009 that Mr.
believe as you read that in 2009 that Mr.

18
18

Schoolcraft was not being cooperative
Schoolcraft was not being

19
19

when Dr.
when Dr. Tariq made that evaluation?
made that evaluation?

20
20
21
22
22

23
23

A.
A.

He wrote cooperative.
He wrote cooperative. He
He

should be cooperative then.
should be
then.
Q.
Q.

Going down further, suicidal
Going down further, suicidal

ideations, do
see that?
ideations, do you see that?

24
24

A.
A.

Yes.
Yes.

25
25

Q.
Q.

In response to Dr. Tariq's
In response to Dr. Tariq's

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1
2

questioning of Mr. Schoolcraft during his
questioning of Mr. Schoolcraft during his

3

mental status exam,
mental status exam, he expressed no
expressed no

4

suicidal ideations, correct?
suicidal ideations, correct?
MR. LEE: Objection to form.
MR. LEE:
Objection to form.

5
6

A.
A.

Correct.
Correct.

7

Q.
Q.

No homicidal ideations,
No
ideations,

8

correct?
correct?

9

A.
A.

Correct.
Correct.

10

Q.
Q.

And no hallucinations, correct?
no hallucinations, correct?

11

A.
A.

Correct.
Correct.

12

Q.
Q.

On the next printed form page
the next
form

13
14
15

5, what is that bar score?
5, what is that
score?
A.
A.

That is after. I think that's
That is after. I think that's

agitation rating score.
agitation
score.

V

16
17

Q.
Q.

And 7 being highly agitated and
7 being highly agitated and

1 not being agitated at all?
1 not being
at all?

18

A.
A.

Yes.
Yes.

19

Q.
Q.

And Dr. Tariq wrote 1, which
Dr. Tariq wrote 1, which

20
21
22
23

means not
means not agitated at all, correct?
at all, correct?
A.
A.

Correct. At that time, he was
Correct.
At that time, he was

not agitated at all.
not
at all.
Q.
Q.

At the time that Dr. Tariq
At the time that Dr. Tariq

24

evaluated him, the patient was not
evaluated him, the patient was not

25

agitated at all; is that correct?
agitated at all; is that correct?

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1
2
2

A.
A.

That's correct.
That's correct.

3
3

Q.
Q.

Going to the first page of Dr
Going to the first
of Dr.

4

Tariq's note, from the second line up,
Tariq's note, from the second line up,

5

Dr. Tariq says he evaluates -- can you
Dr. Tariq says he evaluates -- can

6
6

read that, the second line up what it
read that, the
line up
it

7
7

says?
says?

8

A.
A.

As per ER consult?
As per
consult?

9

Q.
Q.

The first page, second line up.
The first page, second line up.

10
10

A.
A.

As per ER consult?
As per
consult?

11

Q.
Q.

Just before that. Can you read
Just before that. Can you read

Q

12
12

.9

13
13

it, the beginning of that line?
it, the
of that line?
A.
A.

"He states that he was in bed
"He states that he was in

14
14

last night. Landlord let NYPD officers
last night. Landlord let NYPD officers

15
15

in, assaulted him including bending his
in, assaulted
including
his

16
16

arm, stamping slightly on his face, and
arm, stamping
on his face,

17
17

causing many bruises. Bruises are
causing many bruises. Bruises are

18
18

visible on both arms."
visible on
arms."

19
19

Q.
Q.

So Dr. Tariq is reporting from
So Dr.
is reporting from

20
20

your understanding that Mr. Schoolcraft
Mr.
your understanding

21

has bruises on both arms?
has bruises on
arms?

22
22

A. Yeah. Yes.
A.
Yeah.
Yes.

23
23

Q.
Q.

Was there
Was there any other evaluation
other evaluation

24
24
)

of Mr. Schoolcraft from the perspective
of Mr. Schoolcraft
the

25
25

of psychiatric examination prior to your
of psychiatric
to

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2

note of November 2nd, 2009, 3:10?
note of November 2nd, 2009, 3:10?

3

A.
A.

There was an 11/2/2009 at 2:15.
There was an 11/2/2009 at 2:15.

4

Q.
Q.

That's the note right above
That's the note right above

5

your note?
your note?

6

A.
A.

Yes.
Yes.

7

Q.
Q.

Who is that by?
Who is that by?

8

A.
A.

A resident Dr. Slowik,
resident Dr. Slowik,

9

S-L-O-W-I-K.
S-L-O-W—I-K.

10

Q.
Q.

Are you able to read that note?
Are
able to read that note?

11

A.
A.

"Patient seen and examined
"Patient seen

12

today. Patient remains calm, withdrawn,
today.
Patient remains calm, withdrawn,

13

not violent or aggressive.
not violent or aggressive.

14

"Patient is guarded and not
"Patient is
and not

15

cooperative. Patient keeps saying he
cooperative.
Patient keeps saying he

16

doesn't know why he came to this room and
doesn't know why he came to this room and

17

forced him to go to the hospital.
him to go to the hospital.
"Patient doesn't know why he
"Patient
he

18
19

cannot carry the guns, saying that they,.
cannot carry the guns,
that they,-

20

his supervisor -- he said I don't know.
his supervisor —— he said I don't know.

21

Patient" -Patient" -MR. CALLAN: Don't speak out
MR. CALLAN:
Don't speak out

22
23

loud until you're ready because she
loud until
ready
she

24

was taking down everything. All
was taking down everything.
All

25

right?
right?

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1

If you can't read it, you can't
If
can't
it, you can't

2
3

read it.
read it.

4

A.
A.

"Patient doesn't know why he
"Patient doesn't

5

cannot carry the guns, saying that they,
cannot carry the guns, saying that they,

6

his supervisor, did it to him, but he
his supervisor,
it to him,
he

7

said I don't know."
said I don't know."

8

"He denies auditory or visual
"He denies auditory or visual

9

hallucinations. Assessment and plan is
hallucinations.
Assessment and plan is

10

admit."
admit."

11

Q.
Q.

12

that mean?
that mean?

13

A.
A.

An assessment to admit.
An
to admit.

14

Q.
Q.

What does assessment mean?
does assessment mean?

15

A.
A.

That is her assessment, what
That is her assessment, what

16
17

Assess and admit, what does
Assess and admit,
does

her notes are and the plans is to admit.
her notes are
the plans is to admit.
Q.
Q.

Doctor, is a there an emergency
Doctor, is a there an emergency

18

room record from the medical emergency
room record
the medical

19

room that I'll show you, this is the
room that I'll show you, this is the

20

record we are looking for [indicating]?
record we are looking for [indicating]?
MR. LEE: Howard, can I see the
MR. LEE:
Howard, can I see the

21
22

form?
form?

23

MR. SUCKLE: [Handing.]
MR. SUCKLE:
[Handing.]

24

MR. LEE: Thank you.
MR. LEE: Thank you.

25

THE WITNESS: Can I have it?
THE WITNESS: Can I have it?

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2

MR. CALLAN: Why don't you put
MR. CALLAN:
Why don't you put

'

3

that in front of her so she can page
that in front of her so she can

4

through?
through?

5

MR. SUCKLE: Yeah.
SUCKLE: Yeah.
MR.

6

It's dated 10/31/09.
It's
10/31/09.

7

MR. SMITH: Doctor, it's just
MR. SMITH:
Doctor, it's just

8

prior to the chart, about that far
prior to the chart, about that far

9

into the chart [indicating].
into the chart [indicating]. Keep
Keep

10

going. The other way.
going.
The other way.
MR. CALLAN:
CALLAN: Okay. All right.
MR.
Okay.
All right.

11
12

)

She's got it.
She's
it.

13

Q.
Q.

14

prior --MR. CALLAN: Let's just identify
MR. CALLAN:
Let's just identify

15
16

Did you review this record
you review this record

it.
it.

17

MR. SUCKLE: Sure.
SUCKLE: Sure.
MR.

18

MR. CALLAN: Let the record
MR. CALLAN: Let the record

19

reflect, we're looking at medical
reflect, we're looking
medical

20

record 1298984, date 10/31/2009, and
1298984,
10/31/2009,

21

it's a Jamaica Hospital Medical Center
it's
Jamaica Hospital Medical Center

22

Emergency Department record.
Emergency Department record. Okay.
Okay.

23

Q.
Q.

Doctor, did you review this
Doctor,
you review this

24

,)

record prior to making your note of
prior to
your note of

25

November 2nd, 2009?
November 2nd, 2009?

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3
4
5

A.
A.

No. This is a medical record,
No.
This is a medical record,

medical ER. This doesn't come to our ER.
medical ER. This doesn't come to our ER.
Q.
Q.

So the medical records aren't
So the medical records aren't

in your possession in the psych ER?
in your possession in the
ER?

6

A.
A.

No.
No.

7

Q.
Q.

Turning to the nursing
to the nursing

8

assessment in that form, the nurse's
assessment in that form, the nurse's

9

notes. And this is again, October 31,
notes.
And this is again, October 31,

10

2009, and there are nursing notes.
2009, and there are
notes.
Do you see that?
Do
see that?

11

..)

12

A.
A.

October 31?
31?

13

Q.
Q.

Yes.
Yes.
at the nursing note the
Looking at the nursing note the

14
15

entry of -- do you have that in front of
entry of -— do you have that in front of

16

you.
you.

17

A.
A.

That's 11/1.
That's 11/1.

18

Q.
Q.

The top of the page says 10/31,
The top of the page says 10/31,

19

but I'm looking at the note November 1st,
but I'm looking at the note November lst,

20

2009, at 2 a.m.
2009, at 2 a.m.

21

A.
A.

Yes.
Yes.

22

Q.
Q.

Do you see that?
Do
see that?

23

A.
A.

[Indicating.]
[Indicating.]

24

Q.
Q.

There is a note November 1,
There is a note November 1,

25

2009, 2 a.m., do you see that, correct,
2009, 2 a.m., do you see that, correct,

,/

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L.

1

z

2
2

do you see that?
do you see that?

3
3

A.
A.

Yes.
Yes.

4

Q.
Q.

Doctor, when you wrote your
Doctor, when you wrote your

5

note of November 2nd, 2009, did you know
note of November 2nd, 2009,
you know

6
6

that a nurse noted "with redness on the
that a nurse noted "with redness on the

7
7

right wrist with the handcuff, police
right wrist with the handcuff,

8

officer made aware and requested to
officer made aware
requested to

9

loosen a little bit yet refused."
loosen a little
refused."
Did you know about that note
know about that note

10
10

11 when you made your note of November 2nd,
11
when you made your note of November 2nd,
,

12
12

V)

13
13
14
14

2009?
2009?
A.
A.

This is a medical ER note
This is a medical ER note

[indicating].
[indicating].

15
15

Q
Q.

So you did not know?
So you
not know?

16
16

A
A.

I didn't have that note.
I
have that note.

17
17

Q
Q.

Just so I'm clear: You did not
Just so I'm clear: You did not

18 know that aa nurse had asked a police
18
know that
nurse had asked a police
19 officer to loosen the handcuff, that the
19
officer to loosen the handcuff, that the
20 police officer refused, you did not know
20
police officer refused, you did not know
21

that?
that?

22
22

A.
A.

No, I did not know that.
No, I
not
that.

23
23

Q.
Q.

Looking at that same note, the
at that same note, the

24
24
)

nurse's assessment, November 1st, 2009,
nurse's assessment, November 1st, 2009,

25
25

5:54 a.m., do you see that note?
5:54 a.m., do
see that note?

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2

A.
A.

Yes.
Yes.

3

Q.
Q.

Were
Were you aware when you first
you first

4

saw Mr. Schoolcraft that he had reported
saw Mr. Schoolcraft that he
reported

5

to the nurse, "My wrist is numb, I don't
to the nurse, "My wrist is numb, I don't

6

feel anything now," did you know that
feel anything now,"
you know that

7

when you wrote your note on November 2nd,
when you wrote your note on November 2nd,

8

2009?
2009?

r»

9
10
11

A.
A.

No, because I don't have this
No,
I don't have this

record.
record.
Q.
Q.

Did you see that this note,
see that this note,

12

that same note starts, "Psych consult in
that same note starts, "Psych consult in

13

progress"?
progress"?

14

A.
A.

Yes.
Yes.

15

Q.
Q.

Do you know whose psych consult
Do you
whose psych consult

l

16

that was, was that Dr. Tariq?
that was, was that Dr. Tariq?

17

A.
A.

No, this was Dr. Lewin.
No, this
Dr. Lewin.

18

Q.
Q.

And do you know if Dr. Lewin
do
know if Dr. Lewin

19 wrote or made aa note that you saw
wrote or made
note that you saw
20

regarding Mr. Schoolcraft's wrist being
regarding Mr. Schoolcraft's wrist

21 numb and he doesn't feel anything?
numb and he doesn't feel anything?
22

A.
A.

She didn't write anything.
She didn't write anything.

23

Q.
Q.

And Doctor, does good and
Doctor, does good and

24 accepted medical practice require
accepted medical practice require

I

25

loosening of a handcuff when it's causing
loosening of a
when it's causing

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2

redness to the wrist?
redness to the wrist?

3

MR. RADOMISLI: Objection.
MR. RADOMISLI: Objection.

4

MR. LEE: Objection.
MR. LEE: Objection.

5

MR. RADOMISLI: Also under
MR. RADOMISLI: Also under

6

Karbala [phonetic].
Karbala [phonetic].
MR. SUCKLE: This is prior, not
MR. SUCKLE:
This is prior, not

7
8

subsequent.
subsequent.

9

Q.
Q.

>

10

Does good and accepted medical
Does good
medical

practice require the loosening -practice require the loosening
MR. CALLAN: This is a nursing
MR. CALLAN:
This is a nursing

11
12

)

question as well.
question as well.

13

Q.
Q.

Does good and accepted medical
Does
and
medical

14

practice require loosening of a handcuff
practice require loosening of a

15

causing redness to the wrist?
causing redness to the wrist?

16

MR. LEE: Objection.
MR. LEE: Objection.

17

MR. CALLAN: Objection.
MR. CALLAN: Objection.

18

You can answer if you can,
You can answer if you can,

19

Doctor. II mean is there a course in
Doctor.
mean is there a course in

20
21

MR. RADOMISLI: Objection.
MR. RADOMISLI: Objection.

22

MR. CALLAN: Is there a course
MR. CALLAN:
Is there a course

23

in medical school about handcuffs?
in medical school about handcuffs?
MR. SMITH: You cannot coach the
MR. SMITH:
You cannot coach the

24

g)

25

Witness. Cut it out.
Witness. Cut it out.

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L. ALDANA-BERNIER
L.

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MR. SUCKLE: We will attach this
MR. SUCKLE:
We will attach this

2
3

to our motion papers.
to our motion papers.
MR. CALLAN: Bring that to Judge
MR. CALLAN:
Bring that to Judge

4
5

Sweet.
Sweet.

6

MR. SUCKLE: So you are
MR. SUCKLE:
So you are

7

confident you can talk over us and
confident you
talk
us and

8

make speaking objections? Is that
make speaking objections?
Is that

9

your position, Counsel?
your position, Counsel?
MR. CALLAN:
MR. CALLAN: No. My position is
No.
My position is

10
11

that you have -that you have -MR. SUCKLE: Is that the
MR. SUCKLE: Is that the

12

)

13

disrespect that you have for the
disrespect that
have for the

14

Court?
Court?

15

MR. CALLAN: Ask relevant
MR. CALLAN: Ask relevant

16

questions. You have been doing this
questions.
You have been doing this

17

long enough to know they do not teach
long enough to
they do not teach

18

you about handcuffs in medical school.
you about handcuffs in medical school.

19

MR. SMITH: You cannot coach the
MR. SMITH:
You cannot coach the

20

Witness.
Witness.

It's totally improper.
It's
improper.

21

It's
It's

completely wrong. You know it.
completely wrong. You know it.
Should we call the Court and ask
we call the Court and ask

22
23
24

-3

them to tell you which you know you
them to tell you which
are not entitled to do. You are not a
are not entitled to do. You are not a

25

law department kid that just got -law department
that just
--

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L. ALDANA-BERNIER
L.

1
2

MR. SHAFFER: Objection.
MR. SHAFFER:
Objection.

3

MR. SMITH: Come on.
MR. SMITH:
Come on.

4

MR. CALLAN: II think that's a
MR. CALLAN:
think that's a

5

smear on the law department of State
smear on the law
of State

6

of New York.
of New York.

7

Q.
Q.

Does good and accepted medical
Does
and
medical

8

practice require that a handcuff be
practice require that a

9

loosened if it's causing redness to the
loosened if it's causing redness to the

10

wrist?
wrist?

11

MR. RADOMISLI: Objection.
MR. RADOMISLI: Objection.

12

MR. LEE: Objection.
MR. LEE: Objection.

13

MR. SUCKLE: You can answer.
MR. SUCKLE:
You can answer.

14

MR. CALLAN: You can, Doctor, go
MR. CALLAN: You can, Doctor, go

15

ahead.
ahead.

16

A.
A.

17

you have to release the restraints.
you have to release the restraints.
MR. RADOMISLI: Move to strike.
MR. RADOMISLI: Move to strike.

18
19
20

If the patient complains, yes,
If the patient complains, yes,

Q.
Q.

When
When you say that you have to
say that
to

release the restraints, what do you mean?
release the restraints, what do
mean?

21

A.
A.

Loosen it.
it.

22

Q.

Going back to your previous
Going
to your

23

conversation about soft restraints, how
conversation
soft restraints, how

24

long had Mr. Schoolcraft been in the
long had Mr. Schoolcraft been in the

25

hospital, if you know, prior to this note
hospital, if
know,
to this note

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3
4
5

L.
L. ALDANA-BERNIER

of 2 a.m. on November lst, 2009?
of 2 a.m. on November 1st, 2009?

A.
A.

He was admitted, arrived at the
He was admitted, arrived at the

hospital 10/31/2009 at 23:03.
hospital 10/31/2009
23:03.
Q.
Q.

So
this point, it
So at this point, it had been

6

more than two hours he had been in the
in the
more than two hours

7

hospital by the time of that note of 2
hospital by the time of that note of 2

8

a.m., correct?
a.m., correct?

9

A.
A.

10

That's -- let
see, seven
That's -- let me see, seven

hours.
hours.

11

MR. RADOMISLI: Sorry.
MR. RADOMISLI: Sorry.

12

THE REPORTER: Seven hours.
THE REPORTER: Seven hours.

13

Q.
Q.

Doctor, continuing on the
Doctor, continuing on the

14

further nursing notes, here's the page I
further nursing notes, here's the page I

15

am referring to. Can you find that in
am referring to. Can you find that in

16

the hospital record?
the hospital record?

MR. LEE: What notes are we
MR. LEE:
What notes are we

17
18

l

talking about?
talking about?
MR. SUCKLE:
November 1 through
MR. SUCKLE: November 1 through

19
20

November 3rd nursing notes.
November 3rd
notes.

21

Q.
Q.

Do you have it?
you have it?

22

A.
A.

Yes.
Yes.

23

Q.

We are looking at a page in the
We are looking at a page in the

24

hospital chart. At the top it's dated
hospital chart. At the top it's dated

25

11/1/2009.
And the first entry is
11/1/2009. And the first entry is

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L.
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2

November 1st, 2009, at 13:51. The last
The last
November 1st, 2009, at 13:51.

3

entry is November 3rd, 2009, at 8:27.
entry is November 3rd, 2009, at 8:27.
Doctor, on November 1st, 2009,
Doctor, on November 1st, 2009,

4
5

15:38, did the
note that the
at 15:38, did the nurse note that the

6

patient denied suicidal/homicidal
patient denied suicidal/homicidal

7

ideations?
ideations?

8

A.
A.

Yes.
Yes.

9

Q.
Q.

know when you wrote
Did you know when you wrote

10

your November 2nd, 2009 note?
your November 2nd, 2009 note?

11

A.
A.

No.
No.

12

Q.
Q.

On the same date November 1st,
On the same date November 1st,

13

2009, the nurse
22:56, "Patient
2009, the nurse noted at 22:56, "Patient

14

denied
ideations."
denied suicidal/homicidal ideations. II

15
16
17

A.
A.

These are medical records. I
I
These are medical records.

wouldn't know.
wouldn't know.
Q.
Q.

So you didn't know that when
So you didn't know that when

18

you wrote your November 2nd, note,
you wrote your November 2nd, note,

19

correct?
correct?

20

A.
A.

That's correct.
That's correct.

21

Q.
Q.

And again, November 2nd, 2009,
And again, November 2nd, 2009,

22

6:25, the nurse noted, denies suicidal,
6:25, the nurse noted, denies suicidal,

23

slash, homicidal ideations. Did you know
slash, homicidal ideations. Did you know

24

about
note?
about that note?

25

A.
A.

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No.
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L.
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Q.

about November 2nd, 2009,
How about November 2nd, 2009,

3

at 10:47, did you know the nurse
at 10:47, did you
the nurse

4

reported, "The
was calm and
reported, "The patient was calm and

5

cooperative, no signs of acute
cooperative, no signs of acute physical

6

distress." Did you know about that note
distress."
Did you know about that note

7

when you wrote
of
2nd,
when you wrote your note of November 2nd,

8

2009?
2009?

9

A.
A.

No.
No.

10

Q.
Q.

How about the note of November
about the note of November

11

2nd, 2009, at 10:06, "Patient denied
2nd, 2009,
10:06, "Patient denied

12

suicidal/homicidal ideations," did
suicidal/homicidal ideations," did you

13

know about
when
wrote your
know about that note when you wrote your

14

note of November 2nd, 2009?
note of November 2nd, 2009?

15

A.
A.

No.
No.

16

Q.
Q.

Do
know about it at any
Do you know about it at any

17

time during Mr. Schoolcraft's
time during Mr. Schoolcraft's

18

hospitalization?
hospitalization?

19

A.
A.

all of these notes, no,
About all of these notes, no,

20

because they
to the emergency
because they belong to the emergency

21

medical -medical

22

Q.
Q.

You never looked at any of
You never looked at any of

23

those nursing notes from November 2nd,
those nursing notes from November 2nd,

24

2009, at 13:51 through November 3rd,
2009, at 13:51 through November 3rd,

25

2009, at 8:27 at any time -2009, at 8:27 at
time --

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1

L. ALDANA-BERNIER
L.
MR. CALLAN: Objection.
MR. CALLAN: Objection.

2
3
4

Q.
Q.

——
Mr. Schoolcraft's
-- during Mr. Schoolcraft's

hospitalization?
hospitalization?
MR. CALLAN: How many times do
MR. CALLAN:
How many times do

5
6

you have to go back to this, Counsel?
you have to go
to this, Counsel?

7

Q.
Q.

Am I correct?
I correct?

8

A.
A.

These
don't come to our
These record don't come to our

9
10

emergency room [indicating].
emergency room [indicating].
Q.
Q.

Turning briefly forward in the
forward in the

11

chart right where you are, there is a
chart right where you are, there is a

12

section called "Diagnostics" in the
section called "Diagnostics" in the

13

medical chart
medical chart probably pages ahead.
pages ahead.
It's a note November 1st, 2009
It's a note
1st, 2009.

14
15

It actually shows his diagnostics in the
It actually shows his diagnostics in the

16

printed form and the first entry is
printed
the first entry is

17

November 1st, 2009, at 12:59, urinalysis.
November 1st, 2009, at 12:59, urinalysis
What is urinalysis, do you
is urinalysis, do you

18
19
20

know?
know?
A.
A.

Urinalysis is
will give
Urinalysis is patient will give

21
22

any presence of like blood or any
any presence of like
or any

23

infection.
infection.

24

I

urine, and they will test the urine for
urine, and they will test the urine for

Q.
Q.

25

So the patient is required to
So the
is required to

do what, urinate into something?
do what, urinate into something?

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L. ALDANA-BERNIER
L.

1
2

A.
A.

Yes.
Yes.

3

Q.
Q.

Was he given an apparatus?
Was
an apparatus?

4

A.
A.

Either they will give him a
they will give him a

5

container, urinal, or he has to go to the
container, urinal, or he has to go to the

6

bathroom.
bathroom.
Q.

7

There is also the test right
There is also the test right

8

there at the same time, 12:59 urine tox,
there at the same time, 12:59
tox,

9

what is that?
what is
A.
A.

10
11

Toxicology, they test if they
Toxicology, they test if they

are using drugs.
are using drugs.
Q.

12

So Mr. Schoolcraft was
So Mr. Schoolcraft was

13

subjected to a test so see if he was
subjected to a test so see if he was

14

using any drugs?
using any drugs?
MR. RADOMISLI: Objection to
MR. RADOMISLI: Objection to

15
16

form.
form.

17

Q.
Q.

Correct?
Correct?

18

A.
A.

Every patient that comes to the
that comes to the

19

emergency room, we request a urinalysis
emergency room,
request a urinalysis

20

and urine toxicology.
and urine toxicology.
Q.
Q.

21
22

medical emergency room?
medical
room?
A.
A.

25

Depending on what the situation
on what the situation

Q
Q.

23
24

Every patient that comes to the
that comes to the

So not every patient has to do
So
has to do

i s.
is.

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L.
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urine tox, correct?
urine tox, correct?
A.
A.

Not every patient but depending
Not
depending

4

on what the situation is because they
on what the situation is because they

5

would like in your toxicology you can
would like in your toxicology you can

6

also determine what your diagnosis is,
also determine what your diagnosis is,

7

what -- you can see if the bizarre
what -— you can see if the

8

behavior or agitation is caused from
behavior or
is caused from

9

substances.
substances.

10

Q.
Q.

Did Mr. Schoolcraft come to the
Mr. Schoolcraft come to the

11

hospital for the purpose of having his
hospital for the
of
his

12

urine tested?
urine tested?

13

A.
A.

You want to rule out a
You
to rule out a

14

pathology secondary to substance abuse.
pathology secondary to substance abuse.

15

You have to get a urine toxicology.
You have to get a
toxicology.

16

Q.
Q.

You have to do that?
You
to do that?

17

A.
A.

Anyone come in agitated,
Anyone come in agitated,

18

bizarre,
have a psych history,
bizarre, didn't have a psych history,

19

then you have to get a urine.
then you have to
a urine.

20
21
22
23

Q.

So Mr. Schoolcraft had to give
So Mr. Schoolcraft
to give

that urine sample, correct?
that urine sample, correct?
A.
A.

They requested it so he has to
requested it so he has to

give it.
give it.

24

Q.

CBC, that's a blood test?
CBC, that's a blood test?

25

A.
A.

Blood count test.
count test.

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L.
L. ALDANA-BERNIER

1
2
3

Q.

So somebody stuck a needle in
So somebody stuck a needle in

his arm and drew blood?
his arm and drew blood?

4

A.
A.

Yes.
Yes.

5

Q.
Q.

The THC test,
is that done?
The THC test, how is that done?

6

A.
A.

Through urine.
Through urine.

7

Q.
Q.

CAT scan of his head?
A CAT scan of his head?

8

A .
A.

CAT scan of the head, yes.
CAT scan of the head, yes.

9

Q.
Q

How is that done?
is that done?

10

A.
A .

He has to go under a
He has to go under a big

11

machine wherein they have to test his - _
machine wherein they have to test his --

12

x-ray his brain to see if there is any
x-ray his brain to see if there is any

13

other causes, organic causes:
other causes, organic causes: trauma,
trauma,

14

pathology, any mass, or
reason why
pathology, any mass, or any reason why

15

that patient came in.
that patient came in.

16

was
first episode of -It was his first episode of --

17

psychotic episode. You have to do a CAT
psychotic episode. You have to do a CAT

18

scan of the
if
was
scan of the head especially if he was

19

aged 34 years old. First psych episode
aged 34 years old. First psych episode

20

at 34, we have to do a
CT.
at 34, we have to do a psych CT.

Q.
Q.

21
22

through that test?
through that test?
A.
A.

25

He has to go through that test,
He has to go through that test,

Q.
Q

23
24

Mr. Schoolcraft had to go
And Mr. Schoolcraft had to go

is TSH?
What is TSH?

yes.
yes.

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A.
A.

is thyroid stimulating
That is thyroid stimulating

hormone, to test his thyroid function.
hormone, to test his thyroid function.
Q.
Q.

How?
How?

A.
A.

Through blood.
Through blood.

Q.
Q•

Is
a separate test than
Is that a separate test than

the CBC test?
the CBC test?
A.
A.

It's a separate tube, yes.
It's a separate tube, yes.

Q.
Q.

With
With a needle aspirating blood
needle

A.
A.

Yes.
Yes.

Q.

RPR, what is that?
RPR, what is that?

A.
A.

That is to test for syphilis.
That is to test for syphilis.

Q.
Q.

So Mr. Schoolcraft was
So Mr. Schoolcraft was

out?

subjected to a syphilis test while he was
subjected to a syphilis test while
was
in the hospital?
in the hospital?
MR. RADOMISLI: Objection to
MR. RADOMISLI: Objection to
form.
form.
A.
A.

Just to make sure that's not
Just to make sure that's not

the reason why he was behaving bizarre.
the reason why he was behaving bizarre.

Q.
Q.

Okay. And he had to go through
Okay.
And he had to go through

that test, correct?
that test, correct?
A.
A.

Yes.
Yes.

Q.
Q.

By the way, the CAT scan showed
the way, the CAT scan showed

he had a normal brain, correct?
he had a normal brain, correct?

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L. ALDANA-BERNIER
L.

1
1

2
2

3

MR. SMITH:
What was the answer
MR. SMITH: What was the answer

to that?
to that?

4

MR. SUCKLE: Nothing yet.
MR. SUCKLE:
Nothing yet.

5

A.
A.

Yes.
Yes.

6
6

Q.
Q.

On that same page, there is a
On that same page, there is a

7
7

diagnosis, correct?
diagnosis, correct?

8
8

Yes.
Yes.

9

Q.

What is that?
is that?

10
10

A.
A.

Paranoid.
Paranoid.

11

-)

A.
A.

Q.
Q.

There a number next to that,
There a number next to that,

12
12

what is that?
what is that?

'

13
13

A.
A.

That's the code.
That's the code.

14
14

Q.
Q.

What does it relate to?
it relate to?

15
15

A.
A.

That is the code they use for
That is the code they use for

16
16

billing.
billing.

17
17

That's for billing?
That's for billing?

18
18

A.
A.

Yes, diagnosis 2979.
Yes, diagnosis 2979.

19
19

I

Q.
Q.

Q.

Let's go with paranoid,
Let's go with paranoid, what

20
21

does that mean?
does that mean?
A.
A.

Like a false belief about what
Like a false belief about

22
22

23
23

not in agreement with the culture;
not in agreement
the culture;

24
24

)

is going on in your environment that is
is going on in
environment that is

someone that will say they feel he is
someone
will say they feel he is

25

being
or followed or somebody
being watched or followed or somebody

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1
2

saying there is a conspiracy against him
saying there is a conspiracy against him

3

or if someone will
someone is talking
or if someone will say someone is talking

4

about him; there's some sort of paranoia
about him; there's
sort of paranoia,

5

jealousy.
There are different kinds of
jealousy. There are different kinds of

6

persecution.
It's a delusion.
persecution. It's a delusion.

7
8

I'

Q.
Q.

this was all done
Dr.
And this was all done by Dr.

Tariq, right?
Tariq, right?

9

A.
A.

Yes.
Yes.

10

Q.

was Dr. Tariq's only sole
That was Dr. Tariq's only sole

11
12
13
14
15

diagnosis on this form, correct?
diagnosis on this form, correct?
A.
A.

No, this
from the emergency
No, this was from the emergency

room, the medical ER.
room, the medical ER.

Q.
Q.

I

Let's look at the
of the
Let's look at the bottom of the

form. Doesn't it say Dr. Tariq?
form.
Doesn't it say Dr. Tariq?

16

A.
A.

Yes.
Yes.

17

Q.
Q.

So this was Dr. Tariq's
So this was Dr.

18

diagnosis, correct?
diagnosis, correct?
MR. RADOMISLI: Objection.
MR. RADOMISLI: Objection.

19
20

A.
A.

Yes.
Yes.

21

Q.

And Dr. Tariq didn't make any
Dr. Tariq didn't
any

22

other diagnosis besides this diagnosis of
other diagnosis besides this diagnosis of

23

paranoia on this form, correct?
paranoia on this form, correct?
MR. RADOMISLI: Objection.
MR. RADOMISLI: Objection.

24
25

Q.
Q

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any
On that form, did he make any
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2

L.
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other diagnosis?
other diagnosis?

3

A.
A.

Paranoid.
Paranoid.

4

Q.
Q.

That's the only
Dr.
That's the only diagnosis Dr.

5

Tariq made?
made?

6

MR. LEE: Objection.
MR. LEE: Objection.

7

MR. CALLAN: Objection.
MR. CALLAN: Objection.

8

MR. RADOMISLI: Objection.
MR. RADOMISLI: Objection.

9

Q.
Q

On this form.
On this form.
MR. LEE: Think of things in
MR. LEE: Think of things in

10
11

)

isolation.
There is another form that
isolation. There is another form that

12

has a diagnosis.
has a diagnosis.
MR. SUCKLE:
All right, Counsel.
MR. SUCKLE: All right, Counsel.

13
14

A.
A.

I
think this was
that
I don't think this was him that

15

put that there, Dr.
who
that
put that there, Dr. Tariq who put that

16

there.
there.

17

Q.
Q.

Who put that there?
that there?
Who

18

A.
A.

In here it was just, they just
In here it was just, they just

19
20

emergency notes. This was the emergency
emergency notes. This was the emergency

21

notes.
notes.

22

Q.
Q.

23

diagnosis?
diagnosis?

24

J

put his name [indicating].
This was the
put his name [indicating]. This was the

A.
A.

I
know.
I don't know.

25

Q.
Q.

When you did your evaluation of
did
evaluation of
When

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know who made that
So you don't know who made that

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L. ALDANA-BERNIER
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2

Mr. Schoolcraft,
about the
Mr. Schoolcraft, did you know about the

3

result of the CAT scan?
result of the CAT scan?
A.
A.

4

The blood work. I will not
The blood work. I will not

5

remember if I read the CAT scan at that
remember if I read the CAT scan at that

6

time. II don't have a recollection.
time.
don't have a recollection.

7

The only time -- it's already
The only time -- it's already

8

written down in our -- from the medical
written down in our -- from the medical

9

doctor so if we go over to the notes, I
doctor so if we go over to the notes, I

10

have read the CT is normal.
have read the CT is normal.
Q.
Q.

11

So you
make a note of
So you didn't make a note of

12

that, that you read it,
relying on
that, that you read it, you're relying on

13

the note in the chart?
the note in the chart?

14

_

A.
A.

The notes, yes.
The notes, yes.

15

MR. RADOMISLI: Off the record.
MR. RADOMISLI: Off the record.

16

MR. SMITH: Time is 1:23.
Going
MR. SMITH: Time is 1:23. Going

17

off the record.
off the record.
[Discussion held off the
[Discussion held off the

18
19

record.]
record.]
[Whereupon, at 1:23 p.m., a
[Whereupon, at 1:23 p.m., a

20
21

recess was taken.]
recess was taken.]
[Whereupon, at 2:30 p.m., the
[Whereupon, at 2:30 p.m., the

22
23

testimony continued.]
testimony continued.]
MR. SMITH:
We are going back on
MR. SMITH: We are going back on

24
25

the record. It's 2:30.
the record. It's 2:30.

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3

L. ALDANA-BERNIER
L.
Q.
Q.

Doctor, did
discuss your
Doctor, did you discuss your

testimony with anybody
the break?
testimony with anybody during the break?

4

A.
A.

No.
No.

5

Q.
Q.

Doctor, there is a nursing
Doctor, there is a nursing

6

assessment form from the hospital record
assessment form from the hospital record

7

dated November 1, 2009,
9:00 a.m.
dated November 1, 2009, at 9:00 a.m.

8

you turn to that?
you turn to that?
[Witness complying.]
[Witness complying.]

9

MR. CALLAN: This is the one.
MR. CALLAN: This is the one.

10
11

See if you can
it.
See if you can find it.
Is that the
Is that the general medicine

12
13

Can

department?
department?

14

MR. SUCKLE: Department of
MR. SUCKLE: Department of

15

psychiatry.
psychiatry.

16

Q.
Q.

Doctor, I
asked you to
Doctor, I have asked you to

17

turn to the nursing assessment form dated
turn to the nursing assessment form dated

18

November 1, 2009, from the
of
November 1, 2009, from the Department of

19

Psychiatry
Division.
Psychiatry Emergency Division.
Doctor, do
have that in
Doctor, do you have that in

20
21

front of
now?
front of you now?

22

A.
A.

Yes.
Yes.

23

Q.
Q.

It's dated 9 a.m. What is
What is
It's dated 9 a.m.

24
25

that, Doctor?
that, Doctor?
A.
A.

212-267-6868

This is a nursing assessment.
This is a nursing assessment.
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l

L. ALDANA-BERNIER
L.

2
2

Q.
Q.

What is a nursing assessment.
What is a nursing assessment.

3
3

A.
A.

This is patient - the nurse
This is patient - the

4

--the second nurse.
—-the second nurse.

5
6
6

THE REPORTER: I'm sorry.
THE REPORTER: I'm sorry.
A.
A.

This is the second nurse that
This is the second nurse that

7
7

sees the patient when he comes to the
sees the patient when he comes to the

8
8

emergency room.
room.

9
9

10
10
11
11

)

Q.
Q.

Is the patient retriaged in the
Is the
retriaged in the

emergency room?
emergency room?
A.
A.

Let me just see. No, he come
Let me just see. No, he come

12
12

directly. He doesn't pass through the
directly.
He doesn't pass through the

13
13

triage department.
triage department.

14
14
15
15
16
16

Q.
Q.

When
When you say "the second
say "the second

nurse," who is the first nurse?
nurse," who is the
nurse?
A.
A.

His second nurse because he is
His second nurse because
is

17
17

already this form [sic]. The first nurse
already this form [sic]. The first nurse

18
18

are usually the ones in triage.
are usually the ones in triage.

19
19

Q.
Q.

Did Adrian Schoolcraft see a
Schoolcraft see a

20
20

nurse prior to the nurse who filled out
nurse prior to the nurse who filled out

21

this nursing assessment form in the
this nursing
form in the

22
22

psychiatric emergency room:
psychiatric emergency room: Was there a
Was there a

23
23

triage nurse?
triage nurse?

24
24

)

25
25

A.
A.

I think there was a triage
I think there was a triage

nurse because he came directly from
nurse because
came directly from

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L.

1
2

emergency, medical ER.
emergency, medical ER.
Q.
Q •

3

You think this was not -- it's
You think this was not -- it's

4

your testimony you believe there is not a
your testimony you believe there is not a

5

second triage in the psychiatric
second triage in the

6

emergency room; is that
emergency room; is that what you're

7

saying?
saying?

8

A.
A.

That's what I'm saying.
That's
saying.

9

Q.
Q.

So, Doctor, this would be the
So, Doctor, this
the

10

first nurse assessment in the psychiatric
first nurse assessment in the

11

ER, correct?
ER, correct?

12

A.
A.

The
nurse, yes.
The first nurse, yes.

13

Q.
Q.

Look at that nursing assessment
Look at that nursing assessment

14

form that we have
out, did you
form that we have pulled out, did you

15

review this form before you did your
review this
before
did your

16

evaluation of Mr. Schoolcraft?
evaluation of Mr. Schoolcraft?

A.
A.

17

I will
if it was
I will not remember if it was

18

in the chart.
may have gone through
in the chart. II may have gone through

19

it.
it.

20

Q.
Q.

When you say you may have gone
have gone
When you say

21

through, do you have
habit, a custom
through, do you have a habit, a custom

22

and practice of reviewing
notes
and practice of reviewing prior notes

23

the
room when
from the psychiatric emergency room when

24

you evaluate the patient?
you evaluate the patient?

25

A.
A.

212-267-6868

That depends on the case.
That depends on the case.
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L.
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2

There is times that the patient comes,
There is times that the
comes,

3

and the nurse hasn't seen the patient,
the nurse hasn't seen the patient,

4

and it's an emergency, we have to go see
and it's an emergency, we
to go see

5

the patient.
the patient.

6

Q.
Q.

My question is: Did you review
question is: Did you review

7

the records of psychiatric emergency room
the records of psychiatric emergency room

8

that exist for a patient at the time that
that exist for a patient at the time that

9

you would examine the patient?
you would examine the patient?

10
>

A.
A.

I do review the records, yes.
I do review the records, yes.

11

Q.
Q.

So do you recall then that you
So do
recall then that you

12
13
14
15
16

reviewed this nursing assessment?
reviewed this
assessment?
A.
A.

I do not recall that, but I
I do not recall that,
I

usually review the records.
usually review the records.
Q.
Q.

So your
custom would
So your habit and custom would

have been to review this form?
have been to
this form?

17

A.
A.

Yes.
Yes.

18

Q.
Q.

Doctor, on this form on the
Doctor, on this form on the

19

first page
says, "circumstances
first page it says, "circumstances

20

leading to admission." Do you see that
leading to admission." Do you see that

21

on the first page of that form,
on the first page of that form,

22

circumstances
to admission?
circumstances leading to admission?

23

A.
A.

Yes.
Yes.

24

Q.
Q.

Actually, let's go up the line
Actually, let's go up the line

25

before, "patient's chief complaint," do
before, "patient's chief complaint," do

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L.
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1

2

you see that?
see that?

3

A.
A.

Yes.
Yes.

4

Q.
Q.

What did the nurse write there?
the nurse
there?
What

5

A.
A.

Denies.
Denies.

6

Q.
Q.

What does that mean, Doctor?
What does that mean, Doctor?

7

A.
A.

He
have any complaints
He didn't have any complaints

8

so he put denies.
so he put denies.

9

Q.
Q.

10

the nurse?
the nurse?

11

A.
A.

Yes.
Yes.

12

Q.
Q.

That's how you understood it
That's how you understood it

13

He
complaints to
to
He had no complaints to make to

when you
when you read it?
it?

14

A.
A.

Yes.
Yes.

15

Q.
Q.

Under that, circumstances
Under that, circumstances

16

leading to admission, do you see that?
leading to admission, do you see that?

17

A.
A.

Yes.
Yes.

18

Q.
Q.

What is B-I-B?
is B—I-B?

19

A.
A.

in by.
Brought in by.

20

Q.
Q.

What else
you read when you
What else did you read when you

21
22

read this form?
read this form?
A.
A.

‘

"Brought in
NYPD after
"Brought in by NYPD after

23

client was
to be
and
client was deemed to be paranoid and

24

danger to himself
his
danger to himself by his police

25

sergeant."
sergeant."

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1
2
3
4

L.
L. ALDANA-BERNIER

Q.
Q.

What does that mean, do you
does that mean, do you

know?
know?
A.
A.

Means there is a report that he
Means there is a report that he

5

was paranoid and he is a danger to
he is a
to
was paranoid

6

himself, a report made by his police
himself, a report made by his police

7

sergeant.
sergeant.

8

Q.
Q.

9

So that record is indicating
So that record is indicating

that the police sergeant has reported
that the police sergeant has reported

10

these things that you just read to
these things that you just read to

11

Jamaica Hospital, correct?
Jamaica Hospital, correct?
MR. KRETZ: Objection.
MR. KRETZ: Objection.

12
13

Q.
Q.

The police sergeant is
The police sergeant is

14

reporting that by the police sergeant's
reporting that by the police sergeant's

15

assessment, Mr. Schoolcraft is paranoid,
assessment, Mr. Schoolcraft is paranoid,

16

correct?
correct?
MR. KRETZ: Objection.
MR. KRETZ: Objection.

17
18

A.
A.

Yes.
Yes.

19

Q.
Q.

the police
is
And the police officer is

20

reporting that the police officer
reporting that the police officer

21

believed that Mr. Schoolcraft was a
believed that Mr. Schoolcraft was a

22

danger to himself, correct?
danger to himself, correct?
MR. KRETZ: Objection.
MR. KRETZ: Objection.

23
24

I

A.
A.

Yes.
Yes.

25

Q.'
Q.

you in your
of
Did you in your evaluation of

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L. ALDANA-BERNIER

1
2

Mr. Schoolcraft
on that note at all?
Mr. Schoolcraft rely on that note at all?

3

A.
A.

Did I rely only on this note?
Did I rely only on this note?

4

Q.

No, at all.
No,
all.

5

your evaluation?
your evaluation?

6

A.
A.

7

Q.
Q.

8

Was it part of
it
of

Not
this note.
Not only this note.
.Was this note part of your
Was this note part of your

evaluation?
evaluation?

9

A.
A.

I read it.
I
it.

10

Q.
Q.

use the information in
Did you use the information in

11
12

this note at all in your evaluation?
this note at all in your evaluation?

A.
A.

I read it. I read the
I read it. I read the

13

complaint.
I read this note of the
complaint. I read this note of the

14

nurse.
nurse.
If you are
to ask me
If you are going to ask me if

15
16

this was part of my decision to
this was part of my decision to admit

17

him, no, not that alone.
him, no, not
alone.

18

Q.
Q.

19

Was it part at all of your
at all of your
Was it

decision?
decision?

20

A.
A.

I'm
it's
that alone.
I'm saying it's not that alone.

21

Q.
Q.

I understand that. I'm asking
I understand that. I'm asking

22

a very specific question.
a very specific question.
Did it
a
at all in
Did it play a part at all in

23
24
25

your decision to
Mr. Schoolcraft?
your decision to admit Mr. Schoolcraft?
A.
A.

212-267-6868

If I read that kind of
If I read that kind of
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L. ALDANA-BERNIER
L.

2
2

statement, I will have to see other
statement, I will have to see other

3
3

aspects that will make me decide for the
aspects that will make me decide for the

4

I

reason why I admitted the patient.
reason why I
the patient.

5
6
6
7
7

Q.

You have to make your own
You have to
your own

evaluation?
evaluation?
A.
A.

I have to see the patient,
I have to see the patient,

8

access all of the notes of the resident,
access all of the notes of the resident,

9
9

and I have to see the patient and make my
and I have to see the
and make

10
10

assessment if the patient needs an
assessment if the
needs an

11
11

admission.
admission.

N

12
12

Q.
Q.

.§

13
13

or don't read, you make your only final
or don't read, you make your only final

14
14

assessment of what your opinion is
assessment of what your
is

15
15

regarding what the patient needs?
regarding what the
needs?

16
16

A.
A.

Regardless of what notes you do
Regardless of
notes you do

It's not only me make that
It's not only me make that

17
17

decision, I will probably also will ask a
decision, I will probably also will ask a

18
18

second opinion.
second opinion.

19
19

Q.
Q.

I understand that you may ask a
I
that you
ask a

20
20

second opinion, but do you form your own
second opinion, but do
form
own

21

independent opinion regarding your
independent opinion regarding your

22
22

assessment of your own patients?
assessment
your
patients?

23
23
24
24
)

MR. CALLAN: Objection.
MR. CALLAN: Objection.
Are you asking if she is not
Are you asking if she is

25
25

considering all of the notes in the
all of the notes in the

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L.

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2
2

chart?
chart?
MR. SUCKLE: No, I'm asking if
MR. SUCKLE:
No, I'm asking if

3
3
4

she makes her own independent
she makes her own independent

5

assessment of the patient regarding
regarding
assessment of the

6
6

this patient.
this patient.

7
7

A.
A.

The totality of the notes.
The totality of the notes.

8

Q.
Q.

Is it solely based on the
Is it solely
on the

9

notes?
notes?

10
10

A.
A.

11
11
12
12

Plus my assessment. Of course
Plus my assessment. Of course

I have to go see the patient.
I have to go see the patient.
Q.
Q.

It's your assessment and the
and the
It's your

13
13

notes that you use to form your opinion
opinion
notes that you use to

14
14

regarding your evaluation of a patient,
regarding your evaluation of a patient,

15
15

correct?
correct?

16
16

A. _
A.

Plus the second opinion, yes.
Plus the second opinion, yes.

17
17

Q.
Q.

Plus a second opinion?
Plus a second opinion?

18
18

A.
A.

Yes.
Yes.

19
19

Q.
Q.

Do you not form an opinion
Do
not form an opinion

20
20
21

until you get a second opinion?
until you get a second opinion?
A.
A.

That depends on the case.
If
That depends on the case. If

22
22

it's a case that I think needs a second
it's a case that I think needs a second

23
23

opinion, then I have to ask for a second
opinion, then I have to ask for a second

24
24

opinion.
opinion.

25
25

Q.
Q.

212-267-6868

From your review of Mr.
Mr.
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L. ALDANA-BERNIER
L.

2

Schoolcraft's records, did you form an
Schoolcraft's records,
form an

3

opinion before you got a second opinion
opinion before you
a second opinion

4

with regard to Mr. Schoolcraft?
with regard to Mr. Schoolcraft?

5
6
7
8
9
10

A.
A.

No, I asked for a second
No, I asked for
second

opinion.
opinion.
Q.
Q.

So you did not form an opinion
So you did not form an opinion

prior to any
opinion?
prior to any second opinion?

A.
A.

I have to ask the second
I have to ask the second

opinion at that time.
opinion at that time.

11

Q.
Q.

Why was that?
was that?

12

A.
A.

Because he was a police
he was a

13
14

officer.
officer.
Q.
Q.

he was a
Because he was a police

15

officer, you were unable to come to your
officer, you were unable to come to your

16

own opinion without getting a second
own opinion
getting
second

17

opinion; is that correct?
opinion; is that correct?

18

MR. CALLAN: Objection to form.
MR. CALLAN: Objection to form

19

MR. RADOMISLI:
Objection to
MR. RADOMISLI: Objection to

20

form.
form.

21

A.
A.

22
23

No,
I think two heads are
No, but I think two heads are

better than one.
better than one.
Q.
Q.

Did you have an opinion before
have an opinion

24
)

the second opinion was
regarding
the second opinion was rendered regarding

25
25

Mr. Schoolcraft?
Mr. Schoolcraft?

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L.

1
2

A.
A.

My opinion was I think I needed
My opinion was I think I

3

a second opinion so I asked for a second
a second opinion so I
a second

4

opinion.
opinion.

5
6
7

Q.
Q.

Was that
Was that your only opinion
only opinion

prior to the second opinion?
prior to the second opinion?
A.
A.

I think his case was something
I think his case was something

8

that needed to be determined by two
that needed to be
by two

9

doctors to see if he needed admission.
doctors to see if he
admission.

10

Q.
Q.

So you agree that your opinion
So you agree that
opinion

11

alone you didn't think was sufficient for
alone you didn't think was sufficient for

12

admission of Mr. Schoolcraft to the
admission of Mr. Schoolcraft to the

13

hospital?
hospital?

14

A.
A.

Well,
Well, my opinion was that I
opinion was that I

15

know he needed admission.
know he needed admission. I needed
I needed

16

someone to second my opinion.
someone to
opinion.

17
18
19

Q.
Q.

What was your opinion based on
What was your opinion based on

that he needed admission?
that he
admission?
A.
A.

In whole story about this case
In whole story
this case

20

when he had to barricade himself, he was
when he had to barricade himself, he was

21

acting bizarre, that he was agitated in
acting bizarre, that he was agitated in

22

the ER, and that because he was a police
the ER, and that because he was a

23

officer and my fear if I discharged him
officer and
fear if I
him

24

to society, that something -- if
to society, that something -- if

25

something wrong might happen -- if I -something
might happen -— if I --

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2

at that time in 2009, let's say if I
at that time in 2009, let's
if I

3

forward that thinking, I was trying to
forward that thinking, I was trying to

4

prevent another case of navy yard
prevent another case of navy

5

disaster, that's how I always think; that
disaster, that's how I always think; that

6

I do not want a disaster happening when
I do not want a disaster
when

7

I'm thinking about admitting a patient.
I'm thinking about admitting a patient.

8

He is a police officer.
He is a police officer. He may
He may

9

have access to guns even if they took all
have access to guns even if they took all

10

his guns already. I think it's easier
his guns already. I think it's easier

11

for police officer to get access to gun
for police
to get access to gun.

12

Q.

So the fact that he was a
So the fact that
was a

13

police officer weighed heavily on your
police officer
on your

14

decision to admit Mr. Schoolcraft?
decision to admit Mr. Schoolcraft?

15

MR. RADOMISLI: Objection.
MR. RADOMISLI: Objection.

16

MR. LEE: Objection.
MR. LEE: Objection.

17

MR. CALLAN:
Objection to form
MR. CALLAN: Objection to form

18

as well.
as well.

19

A.
A.

The fact he was a police
The fact
was a

20

officer, bizarre, agitated, delusional is
officer, bizarre, agitated, delusional is

21

the reason why I admitted him.
the reason why I admitted him.

22
23

Q.
Q.

You talked about having access
You talked about
access

to guns.
to guns.

24

A.
A.

Yes.
Yes.

25

Q.
Q.

How did that play into your
that
into your

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L. ALDANA-BERNIER
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2
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decision making?
decision making?

3
3

A.
A.

He is a police officer.
He is a
officer.

4

Q.
Q.

We still
We still haven't gotten my
gotten

5

basic question answered.
basic question answered.
Did you have an opinion before
you
an

6
6
7
7

the second opinion about whether or not
the second opinion about whether or not

8

Mr. Schoolcraft needed to be admitted?
Mr. Schoolcraft
to be admitted?
MR. CALLAN: Objection to form
MR. CALLAN: Objection to form

9
9
10
10

of the question.
of the question.

11

A.
A.

I did, yes.
I did, yes.

x

12
12

Q.
Q.

What was that opinion?
What was that opinion?

'%)

13
13

A.
A.

I was going to admit him, but I
I was
to admit him,
I

14
14

had to get that second opinion to agree
had to get that
opinion to agree

15
15

to my decision.
to my decision.

16
16

Q.
Q.

Keep that page open.
Keep that page open. Go down
Go down

17
17

to where it talks about skin contusion,
to where it talks about skin contusion,

18
18

slash, laceration. Do you see that?
slash, laceration. Do you see that?

19
19

A.
A.

Yes.
Yes.

20
20

Q.
Q.

Did you read that when you read
you
that
read

21

that form?
that form?

22
22

A.
A.

Yes.
Yes.

23
23

Q.
Q.

What did you read when you read
did
read when you read

24
24
)

25
25

that form, what does it say?
that form,
does it say?
A.
A.

212-267-6868

Purple and black and he circled
Purple
black and he circled
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L. ALDANA-BERNIER
L.

1
2
3

the area.
area.
Q.
Q.

Let's be clear, skin condition,
Let's be clear, skin condition,

4

contusion, slash, laceration, and the box
contusion, slash, laceration,
the

5

yes is checked or X'd, correct?
yes is checked or X'd, correct?

6

A.
A.

Yes.
Yes.

7

Q.
Q.

So the nurse was observing
So the
was observing

8

contusions on his body somewhere based on
contusions on his body
on

9

that chart, correct?
that chart, correct?

10

Yes.
Yes.

11

I Q)

A.
A.
Q.
Q.

Going down to the next line,
Going down to the
line,

12

there is a description of those
there is a description of those

13

contusions, correct?
contusions, correct?

14

A.
A.

Yes.
Yes.

15

Q.
Q.

And those contusions are purple
those contusions are

16

and black, correct?
and black, correct?

17

A.
A.

[Indicating.]
[Indicating.]

18

Q.
Q.

Correct?
Correct?

19

A.
A.

Yes.
Yes.

20

Q.
Q.

And the nurse has now circled
the nurse has now circled

21

both the front of both arms and the back
both the front of both arms and the back

22

of both arms, correct?
of both arms, correct?

23

Yes.
Yes.

24

)

A.
A.
Q.
Q.

So did you understand this to
So
you
this to

25

mean that Mr. Schoolcraft
mean that Mr. Schoolcraft had purple and
purple and

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L. ALDANA-BERNIER
L.

1
2
2

black contusions on the front and back of
black contusions on the
of

3
3

both of his arms?
both of his arms?

4

A.
A.

Yes.
Yes.

5

Q.
4•

Do you know what that was from?
Do
know what that was from?

6
6

A.
A.

Possible from restraints, also
Possible from restraints, also

7
7
8
9
9

be possible from any fights he had.
be possible
fights he had.
Q.
Q.

And the only restraints that
the only restraints that

you were aware of that he was in, at
you were aware of that he was in,

10
10
11

)

least reflected in the hospital record,
least reflected in the hospital record,
are handcuffs, correct?
are handcuffs, correct?

12
12

A.
A.

That's correct.
That's correct.

13
13

Q.
Q.

Taking the next page, the
the next page, the

14
14

second page of the nurse's assessment
second page of the nurse's assessment

15
15

form, do you see homicidal and suicidal,
form, do you see homicidal and suicidal,

16
16

do you see that at the bottom of that
do you see that at the bottom of that

17
17

form?
form?

18
18

A.
A.

Yes.
Yes.

19
19

Q.
Q.

Ideations for homicidal, no,
Ideations for homicidal, no,

20
20

correct?
correct?

21

A.
A.

That's correct.
That's correct.

22
22

Q.
Q.

That was the nurse's assessment
That was the nurse's assessment

23
23

at that time?
at that time?

24
24

I

A.
A.

Yes.
Yes.

25
25

Q.
Q.

So the patient is in front of
So the patient is in
of

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L. ALDANA-BERNIER
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nurse, the nurse is evaluating the
nurse, the nurse is
the

3
3

patient, and the nurse is making an
patient, and the
is
an

4

assessment, correct?
assessment, correct?

5

A.
A.

That's correct.
That's correct.

6
6

Q.
Q.

Next to it, suicidal ideation,
Next to it, suicidal ideation,

7
7

no?
no?
MR. LEE: Objection to form.
Objection to form.
MR. LEE:

8
9
9

A.
A.

Correct.
Correct.

10
10

Q.
Q.

Suicidal ideations.
Suicidal ideations.

11

Again, the patient was in front
Again, the patient was in

12
12

)

of the nurse and she made this
of the nurse and she
this

13
13

assessment, correct?
assessment, correct?

14
14

A.
A.

That's correct.
That's correct.

15
15

Q.
Q.

Doctor, looking at the third
Doctor, looking at the third

16
16

page of this form, this clinical risk
page of this form, this clinical risk

17
17

assessment, behavioral dyscontrol,
assessment, behavioral dyscontrol,

18
18

correct, what does that mean?
correct, what does that mean?

19
19

A.
A.

Out of control.
Out of control.

20
20

Q.
Q.

And he was not required for any
he was
required for any

21

restraints or seclusion, correct?
restraints or seclusion, correct?

22
22

A.
A.

No.
No.

23
23

Q.
Q.

So as of the November 1st, at 9
So as of the November 1st, at 9

24
24

)

a.m., there was no reason to restrain
a.m., there was no reason to restrain

25
25

this man, correct?
this man, correct?

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L. ALDANA-BERNIER
L.

1
2
2

A.
A.

Correct.
Correct.

3
3

Q.
Q.

Looking at Jamaica Hospital
at Jamaica Hospital

4

triage note from the nurse's note
triage note from the nurse's note

5

10/31/09 at 23:03.
10/31/09 at 23:03.

6
6

A.
A.

What date was that?
date was that?

7
7

Q.
Q.

October 31, 2009, Jamaica
October 31, 2009, Jamaica

8
9
9

Hospital triage, at 23:03 hours.
Hospital triage, at 23:03 hours.
A.
A.

MR. SUCKLE: May I help you?
MR. SUCKLE:
May I help you?

10
10
11

I have 11/1, 11/3.
I have 11/1, 11/3.

Q.
Q.

Looking at now Jamaica Hospital
at now Jamaica Hospital

12
12

triage note, 10/31/09, 23:03, did you
triage note, 10/31/09, 23:03,

13
13

review this prior to your assessment of
review this prior to your
of

14
14

Mr. Schoolcraft?
Mr. Schoolcraft?

15
15

A.
A.

No, this is a medical chart.
No, this is a medical chart.

16
16

Q.
Q.

Did you know that somebody
know that somebody

17
17

reported to the triage nurse that Mr.
reported to the triage nurse that Mr.

18
18

Schoolcraft was in police custody when he
Schoolcraft was in police
when he

19
19

came in?
came in?

20
20

A.
A.

Yes.
Yes.

21

Q.
Q.

Where did you get that from?
did you
that from?

22
22

A.
A.

From the records.
the records.

23
23

Q.
Q.

Did you also know that the
you also
that the

24
24

triage nurse suicide risk assessment was
triage nurse suicide risk
was

25
25

no risk identified?
no risk identified?

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L. ALDANA-BERNIER
L.

1
2
2
3
3

A.
A.

This is a record of the medical
This is a
of the medical

ER so I did not see this one.
so I did not see this one.

4

Q.
Q.

You didn't know that?
You
that?

5

A.
A.

I did not see that.
I
see that.

6
6

Q.
Q.

What was Mr. Schoolcraft's
What was Mr. Schoolcraft's

7
7

blood pressure when he came in to the
blood pressure when he came in to the

8

emergency room at October 31, 2009, at
emergency room at October 31, 2009, at

9

23:03?
23:03?

10
10

A.
A.

It was 139 over 80.
It was 139 over 80.

11
11

Q.
Q.

Do you have an opinion with a
Do you
an opinion with a

12
12

reasonable degree of medical certainty
reasonable degree of medical certainty

13
13

what normal
what normal blood pressure is?
is?

14
14

A.
A.

Normal blood pressure is 120
Normal
is 120

15
15

1
i

over 80, that's the normal blood
over 80, that's the normal

16
16

I

pressure.
pressure.

17
17
18
18
19
19

20
20

Q.
Q.

Was 139 over 80 within the
Was 139 over 80 within the

normal range?
normal range?
A.
A.

The diastolic which is the
The diastolic which is the

upper level, was a little bit elevated.
upper level, was a little bit elevated.

21

Q.
Q.

Slightly elevated?
elevated?

22
22

A.
A.

Slightly elevated.
elevated.

23
23

Q.
Q.

And the pulse was 115.
And the pulse was 115. Is that
Is that

24
24
|

25
25

within the normal range?
within the normal range?
A.
A.

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I

Yes, elevated.
Yes, elevated.
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L. ALDANA-BERNIER
L.

1
2
2

Q.
Q.

Slightly elevated, correct?
Slightly elevated, correct?

3
3

A.
A.

Elevated.
Elevated.

4

Q.
Q.

There is a note on the chart
There is a note on the chart

5

for pain scale. What was the pain scale?
for pain scale. What was the pain scale?

6
6

A.
A.

Mild, 3 to 4.
Mild, 3 to 4.

7
7

Q.
Q.

Do you know what that relates
Do
that relates

A.
A.

He came in with abdominal pain
He came in with abdominal pain.

8
9
10
10
11

to?

They must relate to abdominal pain.
They must relate to
pain.
Q.
Q.

Do you know what the category
Do
the category

12
12

of urgency was assigned to Mr.
of urgency was
to Mr.

13
13

Schoolcraft?
Schoolcraft?

14
14

A.
A.

The -The —-

15
15

Q.
Q.

The category where he was
The category
he

16
16

placed by the triage nurse with regard to
placed by the triage
regard to

17
17

how quick or not quick he should be seen?
how quick or not quick he should
seen?

18
18
19
19

A.
A.

Okay. The category is urgent
Okay.
The category is urgent

[indicating].
[indicating].

20
20

Q.
Q.

What does that mean?
What does that mean?

21

A.
A.

Urgent that he needs immediate
that he needs immediate

22
22

attention.
attention.
MR. CALLAN: Keep your voice up,
MR. CALLAN:
Keep your voice up,

23
23

24
24

Doctor. Everybody around the table
Doctor.
Everybody around the table

25
25

has to hear.
has to hear.

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L. ALDANA-BERNIER
L.

1
2
2

Q.
Q.

Doctor, just because we are
Doctor, just
we are

3
3

here, I don't want you to have to flip
here, I don't want
to have to flip

4

through again, can you find where you
through again, can you
you

5

filled out the form for 9.39 of Mental
filled out the
for 9.39 of Mental

6
6

Hygiene Law.
Hygiene Law.
You have turned to a page
You have turned to a

7
7
8

called -- what is at the top of page,
called -- what is at the top of page,

9

"Emergency Admission Section 9.39"?
"Emergency Admission Section 9.39"?

10
10

A.
A.

Yes.
Yes.

11

Q.
Q.

And you signed the bottom of
And
signed the
of

12
12

that form?
that form?

13
13

A.
A.

Yes.
Yes.

14
14

Q.
Q.

And you dated that form?
And
dated that form?

15
15

A.
A.

Yes.
Yes.

16
16

Q.
Q.

What
What did you date it?
date it?

17
17

A.
A.

11/3/2009, 1:20 in the
11/3/2009, 1:20 in the

18
18

afternoon.
afternoon.

19
19

Q.
Q.

That's the time that you made
That's the time that you

20
20

your evaluation that Mr. Schoolcraft
your evaluation that Mr. Schoolcraft

21

needed to be admitted?
needed to be admitted?

22
22

A.
A.

Yes.
Yes.

23
23

Q.
Q.

That's the date and time?
That's the date
time?

24
24

A.
A.

Yes.
Yes.

25
25

Q.
Q.

The reason I bring this to your
The
I
this to your

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L. ALDANA-BERNIER
L.

1
2
2

attention now, is there a place on that
attention now, is there a place on that

3
3

form to indicate when the patient was
to indicate
the
was

4

first admitted to the hospital?
first admitted to the hospital?

5

A.
A.

11/1, yes.
11/1, yes.

6
6

Q.
Q.

And is there a time on there?
is there a time on there?

7
7

A.
A.

23:03.
23:03.

8

Q.
Q.

In fact we have in front of us
In fact
have in front of us

9

the triage note for when the patient was
the triage note for when the
was

10
10

admitted, and in fact the time was 23:03,
admitted, and in fact the time was 23:03,

11

correct?
correct?

W

12
12

A.
A.

Yes.
Yes.'

'.)

13
13

Q.
Q.

But the date was actually
the date was actually

14
14

October 31st, 2009, correct?
October 31st, 2009, correct?

15
15

A.
A.

That's correct.
That's correct.

16
16

Q.
Q.

So your note regarding the date
So your
regarding the date

17
17

18
18
19
19
20
20

21

of admission was incorrect, correct?
of admission was incorrect, correct?
A.
A.

That was the time that I was in
That was the time that I was in

the emergency room, 11/1.
the
room, 11/1.
Q.
Q.

When you say "the emergency
When you say "the emergency

room," what are you referring to?
room," what are
referring to?

22
22

A.
A.

Our medical ER.
Our
ER.

23
23

Q.
Q.

So he was in the medical ER
So he was in the medical

24
24
>

exactly at 23:03 as well as the triage
23:03 as well as the triage

25
25

exactly 23:03, one day later?
23:03, one day later?

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L. ALDANA-BERNIER
L.

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2
2
3
3
4

A.
A.

11/1/2009, that is when he was
11/1/2009, that is
he was

in our medical ER.
in our medical ER.
Q.
Q.

Where did you get the time that
Where did you get the time that

5

you put on the form we have in front of
you put on the form we have in front of

6
6

us with regard to the Mental Hygiene Law,
us with regard to the Mental Hygiene Law,

7
7

the date of admission, where did you get
the date of admission, where did you get

8

the time 23:03 from?
the time 23:03 from?

9
10
10
11
12
12
.5

13
13
14
14

A.
A.

It was -- it had said the time
It was -- it
said the time

of arrival at the hospital.
of arrival at the hospital.
Q.
Q.

Isn't that the time that the
that the time that the

triage nurse first sees him?
triage nurse
sees him?
A.
A.

The time the triage nurse saw
The time the triage nurse saw

the patient.
the patient.

15
15

Q.
Q.

23:03?
23:03?

16
16

A.
A.

That was 10/31 though.
was 10/31 though.

17
17

Q.
Q.

So your form is incorrect when
So
form is incorrect

18
18

it says November 1. It should have been
it says November 1. It should have been

19
19

10/31, correct?
10/31, correct?

20
20

A.
A.

The patient came to the ER 12
The
came to the
12

21

-— one -- 12 midnight 23:03 -- 12 noon
one -- 12
23:03 -— 12 noon

22
22

that was -- 23:03, yeah, this is.
that was -- 23:03, yeah, this is.
MR. CALLAN: Don't think out
MR. CALLAN: Don't think out

23
23
24
24
IQ

loud, Doctor.
loud, Doctor.
MR. SUCKLE: Don't interrupt her
MR. SUCKLE:
Don't interrupt her

25
25

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(P)
L. ALDANA-BERNIER
L.

1
2

answer.
answer.
MR. CALLAN: Sorry.
MR. CALLAN: Sorry.

3
4
5
6
7
8
9
10
11
12

A.
A.

11/1/2009 he was in the
11/1/2009
was in the

emergency room.
emergency room.
Q.
Q.

When
When you say "in the emergency
say "in the emergency

room," what does that mean?
room," what does that mean?
A.
A.

When
When he arrived at the
arrived at the

emergency room, time of arrival to the
emergency room, time of arrival to the
hospital.
hospital.
Q.
Q.

Isn't the time of arrival 23:03
Isn't the time of arrival 23:03

on 10/31/09?
on 10/31/09?

»

MR. CALLAN: Objection to the
MR. CALLAN:
Objection to the

13
14

form of the question.
form of the question.

15

A.
A.

It said
in the notes
It said here in the notes

16

10/31; however, when he came to the ER,
10/31; however, when he came to the ER,

17

it was 11/1.
it was 11/1.

18
19
20
21
22

Q.
Q.

What
What did the form ask you to
the form ask you to

fill in there?
fill in there?
A.
A.

It's saying time of arrival at
It's saying time of arrival at

the hospital.
the hospital.
Q.
Q.

Were you trying to put in the
Were you trying to put in the

23

time of arrival at the hospital on that
time of arrival at the hospital on that

24

form?
form?

25

A.
A.

212-267-6868

It's the time of the arrival at
It's the time of the arrival at
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1
2
2

L. ALDANA-BERNIER
L.
the hospital.
the hospital.

3
3
4

Q.
Q.

Can we
that
the
Can we agree that you put the

wrong date?
wrong date?

5

A.
A.

I
the
time
I probably put the wrong time

6
6

but 11/1 when he came to the emergency
but 11/1 when he
to the emergency

7
7

room, the psych
room.
room, the psych emergency room.

8
9
9
10
10
11
12
12

V

Q.
Q.

I'm just trying to be clear,
I'm just trying to be clear,

your intent was to put in November 1st,
your intent was to put in November 1st,
correct?
correct?
A.
A.

That's
he came to the
That's when he came to the

emergency room.
room.

13
13

Q.
Q.

14
14

where?
where?

15
15

A.
A.

And you got the time 23:03 from
the time 23:03 from

I do not remember if -- this
I do not remember if -- this

16
16

was a long time ago, 2009.
I don't have
was a long time ago, 2009. I don't have

17
17

any recollection.
any recollection.

18
18

Q.
Q.

You have
front of you the
You have in front of you the

19
19

triage notes
said he actually
triage notes which said he actually

20
20

arrived at the hospital at a time, 23:03,
arrived at the hospital at a time, 23:03,

21

correct?
correct?

22
22

A.
A.

Yes.
Yes.

23
23

Q.
Q.

So he was actually at the
So he was actually at the

24
24

hospital at the time that
wrote in
hospital at the time that you wrote in

25
25

there, 23:03, correct?
there, 23:03, correct?

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2
2
3
3
4
5

L. ALDANA-BERNIER
L.
A.
A.

That's when he was in the
That's
he was in the

hospital, yes.
hospital, yes.
Q.
Q.

So you got the time right,
So you got the time right,

correct?
correct?

6
6

A.
A.

The time is right in here, yes.
The time is right in here, yes.

7

Q.

But you are not willing to say
are not willing to say

8

that you simply made a mistake on the
that you simply made
on the

9

date, correct?
date, correct?
MR. RADOMISLI: Objection to
MR. RADOMISLI: Objection to

10
10
11
12
12

K

form. You keep mixing up the hospital
form.
You keep mixing up the hospital
from the psych emergency room.
from the
emergency room.

13

13

14
14
I

MR. SUCKLE: I'm not mixing up.
MR. SUCKLE:
I'm not mixing up.
MR. CALLAN:
CALLAN: You are.
You are. You
You
MR.

15
15

question doesn't clarify whether she
question
clarify whether she

16
16

was intending to put arrival at the
was intending to put arrival at the

17
17

psych ER or arrival at the hospital.
psych
or arrival at the hospital.

18
18

I don't know where you were
I
know

19
19

going with this question.
going with this question. You are
You are

20
20

going all over the place.
going all over the place.

21

MR. SUCKLE:
MR. SUCKLE:

I'm not.
not.

22
22

MR. CALLAN:
MR. CALLAN: You are. I object
You are.
I object

23
23
24
24
)

to the question. I don't know what
to the question. I don't know what
you are asking her.
you are asking her.
MR. SUCKLE: I'm asking her
MR. SUCKLE:
I'm asking her

25
25

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1
2
2

L. ALDANA-BERNIER
L.
anyway.
anyway.

3
3
4

Could we have the question read
we have the
read
back.
back.

5
6
6

MR. CALLAN: Which one of the 20
MR. CALLAN:
Which one of the 20
questions you have asked?
questions you
asked?

7
7

MR. SUCKLE: Counselor, would
MR. SUCKLE:
Counselor, would

8

you like to have your show now?
you like to have your show now? Go
Go

9
9

ahead.
ahead.

10
10

Can I have the question -Can I have the question --

11

MR. CALLAN:
will like to have
MR. CALLAN: II will like to have

_

12
12

'.§

a clear record.
a clear record.

13
13

MR. SUCKLE: I would too,
MR. SUCKLE:
I would too,

14
14

unfortunately, I have a witness that
unfortunately, I have a witness that

15
15

doesn't want to seem to give
a
doesn't want to seem to give me a

16
16

clear answer.
clear answer.

17
17

MR. CALLAN:
Well, it's hard
MR. CALLAN: Well, it's hard

18
18

when you don't
when you don't ask a question that's
a
that's

19
19

clear.
clear.

20
20
21

MR. SUCKLE:
It's a tough job.
MR. SUCKLE: It's a tough job.
I'm learning as I'm going.
I'm learning as I'm going.

22
22

23
23

MR. SHAFFER:
So I'm not the
MR. SHAFFER: So I'm not the

only
in the room.
only inexperienced person in the room.

24
24
9

25
25

.

MR. SUCKLE: You'll have to
MR. SUCKLE:
You'll have to
excuse my inability to ask a question.
excuse
inability to ask a question.

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L. ALDANA-BERNIER
L.

1
2
2

By next year maybe I'll be able
I'll be able

3
3

to.
to.

4

Q.
Q.

Can you tell me where you got
Can you tell me where you got

5

the time 23:03 from that you wrote in the
the time 23:03 from that you
in the

6
6

record?
record?

7
7

MR. CALLAN: That she wrote
MR. CALLAN: That she wrote

8

where in the record, Counsel?
where in the record, Counsel?

9
9

A.
A.

I know I got the date from the
I
I
the date from the

10
10

time that he was transferred to the
time that he was transferred to the

11

medical ER.
medical ER.

,_

12
12

Q)

13
13
14
14

15
15
16
16

Q.
Q.

Where
Where did you get the time that
you get the time that

you wrote on the same form?
you wrote on the same form?
A.
A.

I
I have to go back to 2009. I
I have to go back to 2009.

cannot remember.
cannot remember.
Q.
Q.

Why didn't you write the date
you write the date

17
17

that he arrived at the hospital on the
that he arrived at the hospital on the

18
18

which
form that you have in front of you which
form that you have in front of

19
19

is the Mental Hygiene Law 9.39 form, why
is the Mental
9.39 form,

20
20

didn't you write the time that he arrived
arrived
didn't you write the time that

21

at the hospital?
at the hospital?

22
22

A.
A.

Because there is a 9.39 in the
there is a 9 39 in the

23
23

24
24
4)

psych emergency room so I have to write
psych
room so I have to write
the time when
was in the
the time when he was in the psych

25
25

emergency room.
room.

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4
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L. ALDANA-BERNIER
L.
Q.
Q.

Does the form ask you for the
Does the form ask
for the

date of arrival at the hospital?
date of arrival at the hospital?
A.
A.

The date said in here time of
The date said in here time of

5
6
6

use this in the medical ER.
use this in the medical ER. We use it in
We use it in

7
7

the psych ER. So that is time he came - _
the psych ER. So that is time he came --

8

I

arrival at the hospital, but we do not
arrival at the hospital, but we do not

that is the date he came to the psych ER.
that is the date he came to the
ER.

9
10
10

11
12
12
1,)

13
13
14
14

Q.
Q.

What time did he arrive at the
time did he arrive at the

psych ER?
ER?
A.
A.

He came to the
12
He came to the psych ER 12

noon.
noon.
Q.
Q.

When you wrote that he
When you wrote that he arrived

at 23:03, that was incorrect?
at 23:03, that was incorrect?

15
15

A.
A.

He came in at 12 noon.
He came in at 12 noon.

16
16

Q.
Q.

So it was incorrect
So it was incorrect when you

17
17
18
18

wrote 23:03 as the time that he arrived?
wrote 23:03 as the time that he arrived?

A.
A.

12 p.m. II was checking -- on
12 p.m.
was checking -— on

19
19

the record over here it says 23:03
the record over here it says 23:03 he

20
20

came so that's where I probably got my
came so that's where I

21

time.
But then he came in on 11/1/2009.
time. But then he came in on 11/1/2009.

22
22

23
23

Q.
Q.

What date did Mr. Schoolcraft
Mr. Schoolcraft
What

arrive at Jamaica Hospital?
arrive at
Hospital?

24
24
I)

A.
A.

10/31.
10/31.

25
25

Q.
Q.

You signed that form on
You signed that form on

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L. ALDANA-BERNIER
L.

1
2
2
3
3
4
5
6
6
7
7

November 3rd?
November 3rd?
A.
A.

November 1st -- I signed on
1st -- I signed on

November 3rd, yes.
November 3rd, yes.
Q.
Q.

So you did your evaluation on
So you
evaluation on

November 3rd; am I correct?
I correct?
November 3rd;
A.
A.

That was when he was admitted,
That was when he was admitted,

8

November 3rd, so that's when he went
November 3rd, so that's when he went

9
9

upstairs.
upstairs

10
10

Q.

11

When
When did you do your
do your

evaluation?
evaluation?

12
12

That was on the 2nd.
That was on the 2nd.

13
13

I

A.
A.
Q.
Q-

Is there a note of your
Is there a
of

14
14
15
15

evaluation?
evaluation?
A.
A.

I have in here saying that I
I have in here saying that I

16
16

have agreed with the above evaluation of
have agreed with the above evaluation of

17
17

the resident.
the resident.

18
18

Q.
Q.

When
When did you make that note?
that note?

19
19

A
A.

That was on the 2nd.
That was on the 2nd.

20
20

Q
Q.

Which residents were you
Which residents were you

21

agreeing with?
with?

22
22

A.
A.

Dr. Tariq and Dr. Slowik.
Dr.
Dr. Slowik.

23
23

Q.
Q.

So you
that
showed n o
So you agreed that he showed no

24
24

Q)

25
25

suicidal ideations, correct?
suicidal ideations, correct?
A.
A.

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Yes.
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L. ALDANA-BERNIER
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1
2
2
3
3

Q.

And you agreed that he showed
agreed that he showed

no homicidal ideations, correct?
no homicidal ideations, correct?

4
4

A.
A.

That's correct.
That's correct.

5

Q.
Q.

And you agree that he showed
agree that he showed

6
6

that he was calm?
that he was calm?
MR. CALLAN: We have already
MR. CALLAN:
We have already

7
7
8

been down this road before, Counsel.
been down this
before, Counsel.

9
9

We have gone through
We have gone through every single one
single one

10
10

of these questions.
of these questions.

11
12
12

Pf)

MR. SUCKLE:
SUCKLE: No.
MR.
No.
MR. CALLAN: Asked and answered.
MR. CALLAN:
Asked and answered.

13
13

MR. SUCKLE: She adopted those
MR. SUCKLE:
She adopted those

14
14

as hers.
as hers.

I'm asking.
I'm asking.

MR. CALLAN:
MR. CALLAN: No. She hasn't
No.
She hasn't

15
15
16
16

said anything different than she said
said anything different than she said

17
17

the last time.
the last time.

18
18

MR. SUCKLE: You know me, I'm MR. SUCKLE:
You know me, I'm --

19
19

MR. CALLAN: I object to the
MR. CALLAN:
I object to the

20
20

repetitions nature of the question.
repetitions
of the question.

21

Q.
Q.

22
22

You agreed when you evaluated
You
when you evaluated

him he was calm?
him he was calm?

23
23

I agreed to the above notes.
I
to the above notes.

24
24

T)

A.
A.
Q.
Q.

Did you agree that he was not
you agree that he was not

25
25

agitated?
agitated?

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L. ALDANA-BERNIER
L.

2
2

A.
A.

I agreed he was calm.
I
he was calm.

3
3

Q.
Q•

And not agitated?
agitated?

4

A.
A.

That he was not agitated at the
That he was not agitated at the

5
6
6
7
7

time of the interview.
time of the interview.
Q.

you interviewed him when he
And you interviewed him when he

was in front of you?
was in front of you?

8

A.
A.

I saw him.
I saw him.

9

Q.
Q.

That's when you made your
That's
you
your

10
10

assessment, correct, when he was in front
assessment, correct, when he was in front

11

of you?
you?

jg

12
12

~W)

13
13

THE WITNESS: Can I -THE WITNESS: Can I --

14
14

MR. CALLAN: You can finish your
MR. CALLAN: You can finish your

15
15

A.
A.

answer.
answer.

16
16

17
17

Yes.
Yes.

You're cutting her off, and she
You're cutting her off, and she

can finish her answer.
can finish her answer.

18
18

Finish your answer, Doctor.
Finish your answer, Doctor.

19
19

MR. SUCKLE:
Stop making
MR. SUCKLE: Stop making

20
20

speeches.
speeches.

21

MR. CALLAN: You're the one
MR. CALLAN: You're the one

22
22

making speeches, cutting her off from
making speeches, cutting her off from

23
23

giving her answer.
giving her answer.

24
24
)

25
25

MR. SUCKLE: How am I cutting
MR. SUCKLE:
How am I cutting
off?
anyone off?

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L. ALDANA-BERNIER
L.

2
2
3
3

MR. CALLAN: Did you finish your
MR. CALLAN:
Did you finish your
answer, or do you have more to say?
answer, or do you have
to say?

4

THE WITNESS:
THE WITNESS: Yes. II was trying
Yes.
was trying

5

to say that I agreed that he was calm,
to say that I agreed that he was calm,

6
6

but it was not only the decision that
but it was not only the decision that

7
7

you have to make or the decision that
you have to make or the decision that

8

I made. II was looking at all factors
I made.
was looking at all factors

9

that brought him to the hospital.
that brought him to the hospital.

10
10
11

Q.
Q.

So you were told about what
So you were told about what

happened in his apartment?
happened in his apartment?

[N

12
12

A.
A.

Everything, yes.
Everything, yes.

U.)

13
13

Q.
Q.

And you were considering what
you

14
14

you were told by the police when they
you were told by the police
they

15
15

arrived in the hospital, correct?
arrived in the hospital, correct?

16
16

A.
A.

That's correct.
That's correct.

17
17

Q.
Q.

do you know who Sergeant
And do you know who Sergeant

18
18

James is?
James is?

19
19

A.
A.

No, I don't.
No, I don't.

20
20

Q.
Q.

Did you ever speak to Sergeant
you ever speak to Sergeant

21

James?
James?

22
22

A.
A.

No, I don't -- I did not.
No, I
—- I
not.

23
23

Q.
Q.

Did you ever see any reference
see
reference

‘

24
24
)

to Sergeant James providing any
to Sergeant James
any

25
25

information that was recorded in the
information that was recorded in the

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L. ALDANA-BERNIER
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1
2

hospital record?
hospital record?

3

A.
A.

It's in the record.
It's in the record.

4

Q.
Q.

In that context you know of
In that context
of

5

Sergeant James because his name appears
Sergeant James because his
appears

6

in the record, correct?
in the record, correct?

7

A.
A.

That's correct.
That's correct.

8

Q.
Q.

And you know some of the things
And you know some of the things

9

about the history about what took place
about the history
what took

10

in the apartment came from Sergeant
in the apartment came from Sergeant

11

James?
James?

12

A.
A.

That's what in the record.
That's
in the record.

13

Q.
Q.

When this patient was in
When this patient was in front

14

of you, he was not in need of restraints,
of you, he was not in need of restraints,

15

correct?
correct?

16

A.
A.

That's correct.
That's correct.

17

Q.
Q.

he was in front
And when he was in front of

18

you, he was not
of the
you, he was not exhibiting any of the

19

behaviors that
lead
to
behaviors that would lead you to believe

20

he was homicidal?
he was homicidal?

21

A.
A.

That's correct.
That's correct.

22

Q.
Q.

And he was leading you to -he was leading you to

23
24
J

not exhibiting any of the behaviors that
not exhibiting any of the behaviors that
would lead you to
would lead you to believe he was
he was

25
25

suicidal, correct?
suicidal, correct?

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L. ALDANA-BERNIER
L.

2
2

A.
A.

That's correct.
That's correct.

3
3

Q.
Q.

He was
trying to hurt
He was not trying to hurt

4

himself, correct?
himself, correct?

5

A.
A.

That's correct.
That's correct.

6
6

Q.
Q.

In front of you, he wasn't
In front of you, he wasn't

7
7
8
9
9
10
10

acting bizarre, correct?
acting bizarre, correct?
A.
A.

That's correct
he was
That's correct but he was

paranoid.
paranoid.
Q.
Q.

And the paranoia was that the
the paranoia was that the

11
12
12

)

sergeant told you they weren't trying to
sergeant told you they
trying to
get him as he was saying, correct?
get him as he was saying, correct?

13
13
14
14

MR. LEE: Objection to form.
MR. LEE
Objection to form.
A.
A.

That he was the one that said
was the one that said

15
15

that there was a
conspiracy
that there was a possible conspiracy

16
16

against him, that the officers
against him, that the officers —- that
that

17
17

there is this
between
and
there is this problem between him and his

18
18

supervisor, okay, $0....
supervisor, okay, so....

19
19
20
20

21
22
22
23
23

Q.
Q.

So in front of you, that
So in front of you, that

paranoia is what
exhibited, correct?
paranoia is what he exhibited, correct?

A.
A.

That's a
of psychosis,
That's a form of psychosis,

yes, paranoia.
yes, paranoia.
Q.
Q.

other
Any other psychiatric behavior

24
24

J

or psychosis that he exhibited in front
or psychosis that he exhibited in front

25
25

of you other than
paranoid?
of you other than being paranoid?

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L. ALDANA-BERNIER
L.

2
2

A.
A.

At that point in time?
At that
in time?

3
3

Q.
Q.

Yes.
Yes.

4

A
A.

There was nothing else.
There was nothing else.

5

Q
Q.

Let's look at your note of
Let's look at your note of

6
6
7
7

November 2nd, 2009. What did you write?
November 2nd, 2009. What did you write?
A.
A.

He was still complaining of
He was still complaining of

8

pain in area of his right and left wrist.
pain in area of his right
left wrist.

9
9

"States it was numb for two hours
"States it was numb for two hours

10
10

11

inner aspect of arm and minimal area of
minimal
inner aspect of arm
of

12
12

)

yesterday.
Bruise was noted in the left
yesterday. Bruise was noted in the left

bruise inner aspect of the right arm."
bruise inner aspect
the
arm."

13
13
14
14
15
15

16
16
17
17
18
18
19
19

20
20
21

Q.
Q.

Why did you write those things
Why
write those things

down?
down?
A.
A.

then
showed it to me
Because then he showed it to me

so I have to write them.
so I have to write them.
Q.
Q.

Did you do a physical
do a physical

examination of him?
examination of him?
A.
A.

He showed it to me. That's a
That's a
He showed it to me.

physical exam.
physical exam.
Q.
Q.

And you thought it was
you thought it was

22
22

23
23

or manifestations of some problems he was
or manifestations of some problems he was

24
24

)

important to write down
symptoms
important to write down whatever symptoms

having, you thought it was important to
having, you thought it was important to

25

write down, correct?
write down, correct?

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1

L.
L. ALDANA-BERNIER

2

A.
A.

Yes.
Yes.

3

Q.
Q.

write down all of the
Did you write down all of the

4

things that he was exhibiting, physical
things that he was exhibiting, physical

5

problems he was having in your presence?
problems he was having in your presence?

6

A.
A.

I wrote,
he said that this
I wrote, but he said that this

7

is a setup; he would like a lawyer; and
is a setup; he would like a lawyer; and

8

that internal affairs would like to
that internal affairs
like to

9

interview him
he agreed.
interview him and he agreed.

He was made aware that he was
He was
aware that
was

10
11

going upstairs
—he
to go
going upstairs and -- but he wanted to go

12

home; however, I wrote, "agreed with the
home; however, I wrote, "agreed
the

13

notes above of the resident."
notes above of the resident."

14

Q.
Q.

You
a lawyer.
You said he wanted a lawyer.

15
16

So let's go back through this.
So let's go back through this.

He said that to you?
He said that to you?

17

A.
A.

Yes.
Yes.

18

Q.
Q.

do anything to
him
Did you do anything to help him

19
20

get a lawyer?
get a lawyer?

A.
A.

The lawyers —they get
The lawyers -- usually they get

21

the lawyer when they go upstairs in the
the lawyer when they go upstairs in the

22

inpatient unit.
inpatient unit.

23

Q.
Q.

When
When you say "usually"?
say "usually"?

24

A.
A.

They were entitled to -- they
They were entitled to -- they

25

have legal
when they go
have legal representation when they go

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L.
L. ALDANA-BERNIER

upstairs in the inpatient unit.
upstairs in the inpatient unit.
Q.
Q.

How does a patient know they
How does a
know they

4

were entitled to a lawyer when they go
they go
were entitled to a lawyer

5

upstairs?
upstairs?

6
6

A.
A.

It's posted on the wall.
It's
on the wall.

7
7

Q.
Q•

It's posted on the wall?
It's
on the wall?

8

A.
A.

Yes.
Yes.

9
9

Q.

Is there anything else that the
Is there anything else that the

10
10

hospital did to advise him of his right
hospital did to advise him of his

11
11

to have a lawyer?
to have a lawyer?

12
12
13
13

MR. RADOMISLI: Objection to
MR. RADOMISLI: Objection to
form.
form.

14
14

MR. CALLAN: I join in the
MR. CALLAN: I join in the

15
15

objection, but you can answer.
objection,
can answer.

16
16

A.
A.

You are asking me if the
You are asking me if the

17
17

hospital has anything? It's posted on
hospital has anything? It's posted on

18
18

the wall. I think that's part of
the wall. I think that's part of

19
19

hospital being able to make the patient
hospital being able to make the

20
20

aware they have legal representation.
aware they have legal representation.

21

Q.

Did you give him any papers
give
papers

22
22

that indicated that he can make a phone
that indicated that he can
a

23
23

call to somebody to get help?
call to
to get help?

24
24

25
25

A.
A.

There are free phone calls.
There are free phone calls.

Phones are on the walls. They are free
Phones are on the walls. They are free

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L.
L. ALDANA-BERNIER

to call if they want to call.
to call if they want to call.
Q.
Q.

any
Did you give him any paperwork

4

there was a telephone number if he needed
there was a telephone number if he

5

help?
help?

6
6

A.
A.

We don't have papers.
papers.
We

7
7

Q.
Q.

So you didn't give him any
So you
give him any

8

papers?
papers?

9
9

A.
A.

in the emergency room, no.
Not in the emergency room, no.

10
10

Q.
Q.

You didn't
any papers,
You didn't hand him any papers,

11

did you?
you?

.r

12
12

A.
A.

No, I didn't hand him anything.
No, I didn't hand him anything.

'~)

13
13

Q.
Q.

You didn't ask him to sign any
You
ask
to sign any

14
14
15
15

papers,
you?‘
papers, did you?
A.
A.

16
16

No, I
not.
No, I did not
MR. SUCKLE:
Counsel, please
MR. SUCKLE: Counsel, please

17
17

hold on. Counsel, don't put papers in
hold on. Counsel, don't put papers in

18
18

front of the Witness while I'm asking
front of the Witness while I'm asking

19
19

her questions.
her questions.

20
20
21

MR. CALLAN:
You are having her
MR. CALLAN: You are having her
looking at the chart.
looking at the chart.

22
22

23
23

MR. RADOMISLI:
She is allowed
MR. RADOMISLI: She is allowed

to go through the chart.
to go through the chart.

24
24
)

25
25

MR. SUCKLE:
didn't stop her
MR. SUCKLE: II didn't stop her
anything.
from doing anything.

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1

Please
put papers in
Please don't put papers in front

2
3

of the Witness so she can answer the
of the Witness so she can answer the

4

question the
you want her to.
question the way you want her to.
MR. CALLAN:
You're referring to
MR. CALLAN: You're referring to

5
6 '

a piece of paper that's in the chart?
a piece of paper that's in the chart?
trying to find out
Aren't you trying to find out

7
8

what happened, Counsel?
what happened, Counsel?
MR. SUCKLE:
Can you not put a
MR. SUCKLE: Can you not put a

9
10

piece of paper in front of her again?
piece of paper in front of her again?

11

do that?
Did you do that?

12

MR. CALLAN:
Is it in the chart?
MR. CALLAN: Is it in the chart?

13

MR. SUCKLE:
Did you put a piece
MR. SUCKLE: Did you put a piece

14

of paper in front of her?
of paper in front of her?

15

MR. CALLAN: Yeah.
MR. CALLAN: Yeah.

16

MR. SUCKLE:
Please don't do
MR. SUCKLE: Please don't do

17

that while I'm questioning.
that while I'm questioning.
MR. CALLAN:
Your cocounsel has
MR. CALLAN: Your cocounsel has

18
19

been
her the same paper all
been handing her the same paper all

20

from the chart.
morning from the chart.
MR. SUCKLE:
You have a chance
MR. SUCKLE: You have a chance

21
22

to ask her
questions you
to ask her whatever questions you

23

want.
want.

24

MR. CALLAN: You are being quite
MR. CALLAN:
You are being quite

25

when you're questioning a
disingenuous when you're questioning a

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L. ALDANA-BERNIER
L.

2
2

Witness about a piece of paper you
of
you
Witness about a

3
3

know is in the
regarding
know is in the chart regarding --

4

MR. SUCKLE: Keep talking on the
MR. SUCKLE: Keep talking on the

5

record and the sanction motion will be
record and the sanction motion will

6
6

.....

7
7
8

MR. CALLAN:
can't wait to see
MR. CALLAN: II can't wait to see

your sanction motion -your sanction
—-

9
9

MR. SUCKLE: Keep talking.
MR. SUCKLE: Keep talking.

10
10

MR. CALLAN: When the Court sees
MR. CALLAN: When the Court sees

11

another seven-hour deposition about
another seven-hour deposition about

12
12

one chart entry.
one
entry.

13
13

MR. SUCKLE: Keep going.
MR. SUCKLE: Keep going.

14
14

MR. CALLAN: Which has been
MR. CALLAN: Which has been

15
15

basically the
in this case.
basically the pattern in this case.

16
16

MR. SUCKLE: You don't think
MR. SUCKLE: You don't think

17
17

Judge Sweet cares
talking
Judge Sweet cares what you're talking

18
18

about?
about?

19
19
20
20

MR. SHAFFER:
Call him and find
MR. SHAFFER: Call him and find
out instead of arguing.
out instead of arguing.

21

MR. CALLAN: Unlike you, I don't
MR. CALLAN: Unlike you, I don't

22
22

choose to look into Judge Sweet's mind
choose to look into Judge Sweet's mind

23
23

how he views this deposition. I will
I will
how he views this deposition.

24
24

let the record speak for itself.
let the
speak for itself.

25
25

MR. SMITH:
The record should
MR. SMITH: The record should

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L. ALDANA-BERNIER

2
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3
3

a document which is the form she
a document which is the form she

4

filled out that contains, among other
filled out that contains, among other

5

things, a list of that
fully
things, a list of that you fully

6
6

i

reflect you tried to show the Witness
reflect you tried to show the Witness

know ---

7
7
8

MR. CALLAN:
Let's identify the
MR. CALLAN: Let's identify the

record.
record.

9
9

THE WITNESS: I'm sorry.
THE WITNESS: I'm sorry.

10
10
11

document you tried to show the Witness
document you tried to show the Witness

12
12

while she was in the middle of
of
while she was in the

13
13

answering the question. Let's do that
Let's do that
answering the question.

14
14

I .)

MR. SMITH:
Let's mark the
MR. SMITH: Let's mark the

okay.
Come on.
okay. Come on.

15
15
16
16

MR. CALLAN:
Counsel for the
MR. CALLAN: Counsel for the
hospital -hospital -

17
17

MR. SMITH:
would like to have
MR. SMITH: II would like to have

18
18

the court reporter
this document.
the court reporter mark this document.

19
19

MR. RADOMISLI:
This is my copy.
MR. RADOMISLI: This is my copy.

20
20

There is one in the chart.
There is one in the chart.

21
22
22

MR. SMITH:
Show me what it was
MR. SMITH: Show me what it was

you were trying to show the Witness.
you were trying to show the Witness.

23
23
24
24
9

MR. RADOMISLI:
I didn't show
MR. RADOMISLI: I didn't show

to the Witness.
anything to the Witness.

25
25

MR. SMITH:
I'm talking to the
MR. SMITH: I'm talking to the

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L. ALDANA-BERNIER
L.
Witness's lawyer.
Witness's lawyer.

3

I would like to see the document
I would like to see the document

4

is handed to the Witness while she was
is handed to the Witness while she was

5

answering a question.
answering a question.

6

Are you going to show
the
Are you going to show me the

7

document or not or do I assume the
document or not or do I assume the

8

record speaks for itself?
record speaks for itself?
MR. CALLAN: Make a motion,
MR. CALLAN: Make a motion,

9
10

Counsel, all right?
Counsel, all right?

11

MR. SMITH: So the record is
MR. SMITH:
So the record is

12

clear that I'm asking for the piece of
clear that I'm asking for the piece

13

paper, Counsel is not giving it to me.
paper, Counsel is
it to me.

14

, V)

I saw it.
know exactly what it was
I saw it. II know exactly what it was.

15

MR. CALLAN:
don't have the
MR. CALLAN: II don't have the

16

piece of paper. You can look through
piece of paper. You can look through

17

the chart to see if there is a piece
the chart to see if there is a

18

of paper relating to Counsel
what
of paper relating to Counsel and what

19

is
told
-is routinely told concerning --

20

Q.
Q.

When a patient comes into the
comes into the
When a

21

hospital, was Mr. Schoolcraft required to
hospital, was Mr. Schoolcraft required to

22

give his clothes up, to
out of his
give his clothes up, to get out of his

23

clothes?
clothes?

24

)

A.
A.

Give his clothes?
Give his clothes?

25

Q.
Q.

Was he required to take off his
Was he required to take off his

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L. ALDANA-BERNIER
L.
clothes when he came into the hospital?
clothes when he came into the hospital?

A.
A.

Yes, he has to wear hospital
Yes, he has to
hospital

gown.
gown.
Q.
Q.

So Mr. Schoolcraft
he was
So Mr. Schoolcraft when he was

6
6

brought in in handcuffs,
he have to
brought in in handcuffs, did he have to

7
7

remove his pants?
remove his pants?

8

A.
A.

Yes.
Yes.

9

Q.
Q.

Did he have to remove his
to remove his

10
10

shirt?
shirt?

11

A.
A.

12
12
5“)

Yes, has to be in
Yes, has to be in a hospital
hospital

gown.
gown.

13
13

Q.
Q.

14
14

socks?
socks?

15
15

A.
A.

Yes.
Yes.

16
16

Q.
Q.

have to remove his
Did he have to remove his

17
17

underwear?
underwear?

18
18

A.
A.

Yes.
Yes.

19
19

Q.
Q.

to turn over his
Did he have to turn over his

20
20

money?
money?

21

A.
A.

Yes, they
in the safe.
Yes, they put in the safe.

22
22

Q.
Q.

he
to turn over his
Did he have to turn over his

23
23

to remove his
Did he have to remove his

cell phone?
cell phone?

24
24
)

A.
A.

Yes.
Yes.

25
25

Q.
Q.

to turn over all of
Did he have to turn over all of

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L.

1
2
2

his personal belonging to Jamaica
his personal
to Jamaica

3
3

Hospital?
Hospital?
MR. RADOMISLI: Objection to
MR. RADOMISLI: Objection to

4
5

form.
form.
MR. CALLAN: Objection to form
MR. CALLAN: Objection to form

6
6
7
7

too.
too.
Are you saying for safekeeping
Are you saying for safekeeping

8
9

or asking -or
MR. SUCKLE: I asked the
MR. SUCKLE: I asked the

10
10
11

question, Counselor. I think it's
question, Counselor. I think it's

q

12
12

pretty clear.
clear.

&,)

13
13

Q.
Q.

he have to turn over his
Did he have to turn over his

14
14

personal belongings on his body to
personal belongings on his
to

15
15

Jamaica Hospital?
Jamaica Hospital?

16
16

MR. RADOMISLI: Objection.
MR. RADOMISLI: Objection.

17
17

MR. CALLAN: Objection.
MR. CALLAN: Objection.

18
18

A.
A.

When they come into the
When they come into the

19
19

hospital, they usually tell them to
hospital, they
tell them to

20
20

undress and then they put all of their
undress and then they
all of their

21

belonging to the safe and put a hospital
belonging to the safe and put a hospital

22
22

gown on.
gown on.

23
23
24
24
E

25
25

Q.
Q.

,

When you say "they,"
When you say "they," what do
do

you mean?
you mean?
A.
A.

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The nurses tell the patients.
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L. ALDANA-BERNIER
L.

1
2
2
3
3
4
4

Q.
Q.

Who is they, when they have to
Who is they, when they have to

do something?
do something?
A.
A.

They will, the nurses will ask
will, the nurses will ask

5

the patient to take off their clothes and
the patient to take off
clothes and

6
6

surrender their belonging to the nurse so
surrender their belonging to the nurse so

7
7

they can put their belongings to the
they can put their belongings to the

8

safe.
safe.

9
9

Q.
Q.

What is it Mr. Schoolcraft was
is it Mr. Schoolcraft was

10
10

given to wear after he had to give his
given to wear after he
to give

11

clothes to Jamaica Hospital?
clothes to Jamaica Hospital?
MR. RADOMISLI: Objection to
MR. RADOMISLI: Objection to

“N

12
12

i_)

13
13

form.
form.

14
14

A.
A.

Can you clarify?
Can you clarify?

15
15

Q.
Q.

What is it, if anything, he was
is it, if anything, he was

16
16

wearing after he
wearing after he gave his clothes to
his clothes to

17
17

Jamaica Hospital?
Jamaica Hospital?

18
18

A.
A.

This is asked of every patient
This is
of every

19
19

to give their belongs because then they
to give their belongs
then they

20
20

check them.
check them.

21

Q.
Q.

22
22

I understand.
I understand.
What was Mr. Schoolcraft
was Mr.

23
23
24
24
)

wearing, if anything, after
wearing, if anything, after he gave his
gave his
clothes to Jamaica Hospital?
clothes to
Hospital?
MR. RADOMISLI: Objection to
MR. RADOMISLI: Objection to

25
25

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L. ALDANA-BERNIER
L.

2
2

form.
form.

3
3

A.
A.

If anything, he
If anything, he would have been

4

searched in the medical ER.
searched in the medical ER. Then they
Then they

5

have to put him in a hospital gown.
have to put him in a hospital gown.

6
6

these items would
been
And these items would have been

7
7

transferred with the patient to the
transferred with the patient to the psych

8

ER so that they can go to the safe.
so that they can
to the safe.

9
10
10
11
[H

12
12

.,)

13
13

14
14
15
15

Q.
Q.

You talked about the search.
You
about the search.

What is the search?
What is the search?
A.
A.

They search every patient to
They search every
to

make sure no contraband.
make sure no contraband.
Q.
Q.

When you say "search," did they
say "search," did they
When

do a cavity search?
do a cavity search?
A.
A.

No, just take off the clothes,
No, just take off the clothes I

16
16

make sure they are not carrying anything
carrying
make sure they are

17
17

like weapons, knives, anything
are
like weapons, knives, anything they are

18
18

hiding in their socks or on their bodies
hiding in their socks or on their bodies.

19
19

Q.
Q.

So they have to be completely
So they
to be completely

20
20

naked and
to see they
no
naked and observed to see they have no

21

weapons, to see they have to weapons,
weapons, to see they have to weapons,

22
22

correct?
correct?

23
23

24
24
)

25
25

A.
A.

They
to take off
They have to take off

everything, yes.
everything, yes.
Q.
Q.

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Is this observation done
a
Is this observation done by a
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L. ALDANA-BERNIER
L.
doctor, a nurse, somebody else?
doctor, a nurse, somebody else?

3
3

A.
A.

Done by a nurse.
a nurse.

4

Q.
Q.

Was that process done by Mr.
Mr.
Was that process done

5

Schoolcraft with a woman, a male, do you
Schoolcraft with a woman, a male, do

6
6

know?
know?

7
7

A.
A.

8

there.
there.

9
9

Q.
Q.

10
10
11
11
12
12

)

13
13

I wasn't
I wasn't

Was he
Was he handcuffed while that
while that

was going on?
was going on?
A.
A.

That I don't know because I was
That I
I was

wasn't there.
wasn't there.
Q.
Q.

14
14
15
15

This I wouldn't know.
This I
know.

Did they look in his mouth?
they look in his mouth?
MR. CALLAN: She said she wasn't
MR. CALLAN:
She said she wasn't

there. Objection.
there.
Objection.

16
16

Are you asking about routine
Are you asking about routine

17
17

searches or about this search? She
She
searches or about this search?

18
18

wasn't there for this search, Counsel.
wasn't there for this search, Counsel.

19
19

Q.
Q.

20
20

Does the search include looking
Does the search include looking

into Mr. Schoolcraft's mouth?
into Mr. Schoolcraft's mouth?

21

MR. CALLAN: Objection to the
MR. CALLAN:
Objection to the

22
22

form of the question.
of the question.

23
23

A.
A.

24
24

there.
there.

25
25

Q.
Q.

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I don't
because I wasn't
I don't know because I wasn't

Have you been present for these
Have you been
for these
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2

searches when they are done? Have you
searches when they are done? Have you

3
3

ever been present for the search when
ever been present for the search when

4

they were done?
they were done?

5
6
6
7
7
8

A.
A.

It's
done
nurse and
It's been done by a nurse and

the security officers of the hospital.
the security officers of the hospital.

Q.
Q.

So the security officer and the
So the security officer and the

nurses do the search?
nurses do the search?

9

A.
A.

Yes.
Yes.

10
10

Q.
Q.

And the security officer,
And the security officer, what

11
11

12
12

'5 )

is the medical training, if any, of a
is the medical training, if any, of a

security officer?
security officer?

13
13

MR. RADOMISLI: Objection.
MR. RADOMISLI: Objection.

14
14

MR. CALLAN:
join in the
MR. CALLAN: II join in the

15
15

objection.
objection.

16
16

Q.
Q.

17
17
18
18
19
19

20
20

If you know? Is it a
If you know? Is it a

nonmedical person?
nonmedical person?
A.
A.

He was part of team. He is
He is
He was part of team.

nonmedical, but he is
of team.
nonmedical, but he is part of team.

Q.
Q.

So we
the nurse, the
So we have the nurse, the

21

security guard, Mr.
standing
security guard, Mr. Schoolcraft standing

22
22

naked and
examined -naked and being examined --

23
23
24
24

5}

MR. CALLAN: Objection.
MR. CALLAN: Objection.
Q.
Q

25
25

--

is that the process?
is that the process?

MR. CALLAN:
She said she wasn't
MR. CALLAN: She said she wasn't

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1

there.
there.

2

Is there a process?
Is there a process?

3
Q.
Q.

4

Schoolcraft went through?
Schoolcraft went through?

5
6
7

I

A.
A.

That I don't know.
That I
know.

I wasn't
I wasn't

there.
there.
MR. RADOMISLI: Objection.
MR. RADOMISLI: Objection.

8
9

Is that the process that Mr.
Is that the process that Mr.

Q.
Q.

Do you understand that to be
Do you
that to be

10
11

asked to take their clothes off and they
asked to take their clothes off and they

12

I 5)

the process whereby all patients are
the process
all patients are

are examined by a nurse and security
are examined by a nurse and security

13

officer -officer -MR. RADOMISLI: Objection.
MR. RADOMISLI: Objection.

14
15
16
17
18
19
20

Q.
Q.

-- in the emergency room.
-- in the emergency room. Is
Is

that your understanding?
that your understanding?
A.
A.

Every patient goes through
goes through

this.
this.
Q.
Q.

The answer is yes? Is the
The answer is yes? Is the

answer yes?
answer yes?

21

A.
A.

Yes.
Yes.

22

Q.
Q.

When you wrote your note on
When you wrote your note on

23

November 2nd, 2009, Mr. Schoolcraft told
November 2nd, 2009, Mr. Schoolcraft told

24

you he wanted to go home, correct?
you he
to
home, correct?

25

A.
A.

212-267-6868

Yes.
Yes.
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L. ALDANA-BERNIER
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1
2
2

Q.
Q.

Was he free to go home?
Was he free to go home?

3
3

A.
A.

Not at the time.
at the time.

4
5

I don't think
I don't think

he was ready to go home.
he was ready to go home.
Q.
Q.

How long had Mr. Schoolcraft
How long
Mr. Schoolcraft

6
6

been in the hospital as of the time that
been in the hospital as of the time that

7
7

you wrote your note on November 2nd,
you wrote your note on
2nd,

8

2009?
2009?
MR. RADOMISLI: Objection to the
Objection to the
MR. RADOMISLI:

9
9
10
10

form.
form.

11

Q.
Q.

12
12

been at the hospital?
been at the hospital?
MR. RADOMISLI: Objection to the
Objection to the
MR. RADOMISLI:

13
13
14
14

form.
form.
MR. CALLAN: I join in the
MR. CALLAN:
I join in the

15
15

16
16

Do you know how long he had
Do you
how long he

objection.
objection.

17
17

MR. LEE: Read that back.
MR. LEE:
Read that back.

18
18

[The requested portion of the
of the
[The

19
19

record was read.]
was read.]

20
20

A.
A.

Are you asking for the total
Are you asking for the total

21

number of days he was in Jamaica Hospital
number of days he was in Jamaica Hospital

22
22

or -or --

23
23

Q.
Q.

When you
your note on
When you wrote your note on

24
24

}

November 2nd, 2009, he had already been
November 2nd, 2009, he had already been

25
25

in the hospital for three days?
in the hospital for three days?

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MR. RADOMISLI: Objection to
MR. RADOMISLI: Objection to

3

form.
form.

4

Q.
Q.

He came in October 31st at
He came in October 31st at

5

23:03, and now it's November 2nd at three
23:03, and now it's November 2nd at three

6

o'clock in the afternoon, 3:10, correct?
o'clock in the afternoon, 3:10, correct?

7
8
9
10

A.
A.

Then
was admitted
Then he was admitted upstairs

to 11/6.
to 11/6.
Q.
Q.

When
When you wrote your note, he
your note, he

had already been there two days?
had already been there two days?

11

MR. RADOMISLI: Objection.
MR. RADOMISLI: Objection

12

KRETZ:
Objection.
KRETZ: Objection.

13

MR. CALLAN: You can answer,
MR. CALLAN:
You can answer,

14

Doctor, if you know.
Doctor, if
know.
MR. KRETZ: Less than two days.
MR. KRETZ: Less than two days

15
16

A.
A.

November 2nd -- 31. He was
He was
November 2nd —- 31.

17

there -- he came on the 1st. I was
I was
there -- he came on the 1st.

18

there, one, two days.
there, one, two days.

19

Q.
Q.

Doctor, when did you write,
And Doctor, when did you write,

20

fill out of the form that
signed with
fill out of the form that you signed with

21

regard to the mental hygiene -regard to the
hygiene _ MR. CALLAN:
Asked and answered.
MR. CALLAN: Asked and answered.

22
23

Q.
Q

MR. CALLAN:
She said November
MR. CALLAN: She said November

24
25

The
day?
The next day?

3rd. Asked and answered.
3rd.
Asked and answered.

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L. ALDANA-BERNIER
L.

1
2
2

A.
A.

It was the next day, yes.
It was the next day, yes.

3
3

Q.
Q.

Why did you wait till the next
wait till the

4
5
6
6
7
7
8

day to fill out that form?
day to fill out that form?
A.
A.

That's when he was going
That's
was going

upstairs to the inpatient unit.
upstairs to the
unit.
Q.
Q.

Where was
Where was he from November 2nd,
from November 2nd,

at 3:10 until he went upstairs?
at 3:10 until he
upstairs?

9
9

A.
A.

He was in the psych ER.
He was in the
ER.

10
10

Q.
Q.

Why did he stay in the psych ER
stay in the
ER

11
11
12
12

after you saw him on November 2nd, 2009?
after you saw him on November 2nd, 2009?
A.
A.

Why did he stay in the psych
did
stay in the psych

13
13

ER? II do not know what happened in 2009.
ER?
do not know what happened in 2009.

14
14

Maybe there were no beds available, I
Maybe there were no beds available, I

15
15

have to let him
in the emergency
have to let him wait in the emergency

16
16

room.
room.

17
17

Q.
Q.

Did you do your mental status
do your mental status

18
18

examination of Mr. Schoolcraft on
examination of Mr. Schoolcraft on

19
19

November 2nd, 2009, November 3rd, 2009
November 2nd, 2009, November 3rd, 2009

20
20

2009, or some other date?
2009, or some other date?

21

A.
A.

It was on November 2nd.
was on
2nd.

22
22

Q.
Q.

When you did your mental status
you
your
status

23
23

examination of Mr. Schoolcraft, did you
examination of Mr. Schoolcraft, did you

24
24

make -- let's go back.
make -- let's go back.

25
25

Did you take a history of Mr.
you take a
of Mr.

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L. ALDANA-BERNIER

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2
3
4
5
6
7
8
9

Schoolcraft?
Schoolcraft?
A.
A.

I spoke to Mr. Schoolcraft, and
I spoke to Mr. Schoolcraft, and

I did take a
on him.
I did take a history on him.

Q.

write that history
Did you write that history

down?
down?
A.
A.

No,
I did agree
No, because I did agree with

the notes of the resident.
the notes of the resident.

Q.

a note of what Mr.
Did you make a note of what Mr.

10

Schoolcraft told
regarding his
Schoolcraft told you regarding his

11

history?

12

)

13
14

A.
A.

‘
It's -- all of the notes was in
It's -- all of the notes was in

the resident notes.
the
notes.
Q.

do a
status
And did you do a mental status

15

examination of Mr. Schoolcraft in your
examination of Mr. Schoolcraft in your

16

presence?
presence?

17
18
19

A.
A.

I did a mental status exam, and
I did a mental status exam, and

I agreed to the notes of the resident.
I agreed to the notes of the resident.

Q.

I correct other than the
Am I correct other than the

20

November 2nd, 2009 note, and the November
November 2nd, 2009 note, and the November

21

3rd 2009 mental hygiene form that you
3rd 2009 mental
form that you

22

filled out,
no other notes in
filled out, you make no other notes in

23

this chart?
this chart?

MR. RADOMISLI: Objection to
MR. RADOMISLI: Objection to

24
>

25

~

form.
form.

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2
2

L. ALDANA-BERNIER
L.
Q
Q.

I correct?
Am I correct?

MR. RADOMISLI: Objection to
MR. RADOMISLI: Objection to

3
3

4

form.
form.

5

A.
A.

That's correct.
That's correct.

6
6

Q.
Q.

So the residents had evaluated
So the residents had evaluated

7
7

him and made notes, correct?
him and made notes, correct?

8

A.
A.

Yes.
Yes.

9
9

Q.
Q.

And you were the director of
were the director of

10

the emergency room, correct?
the emergency room, correct?

11

Correct.
Correct.

12
2

)

A.
A.
Q.
Q.

And you had this patient in
this patient in

13
13

front of you, correct?
front of you, correct?

14
14

A.
A.

Yes.
Yes.

15
15

Q.
Q.

And you had the wherewithal,
you
the wherewithal,

16
16

you had the chart in front of you,
you had the chart in front of you,

17
17

correct, when you saw the patient?
correct, when you saw the patient?

18
18

A.
A.

19
19

Q.
Q.

20
20

That's correct.
That's correct.
A

the ability and did
And you had the ability and did

in fact make notes in the chart, correct?
in fact make notes in the chart, correct?

21

A.
A.

That's correct.
That's correct.

22
22

Q.
Q.

Just so we are clear:
Just so we are clear: You did
You did

23
23
24
24

-.>

not make any independent notes regarding
not make any
notes regarding
your own findings
your own findings during your
your

25
25

examination, correct?
examination, correct?

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L.

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2
2
3
3
4

A.
A.

That's correct. I agreed with
That's correct. I agreed with

the notes of the resident.
the notes of the resident.
Q.
Q.

Doctor, do you believe not
Doctor, do you believe not

5

making any notes
making any notes regarding your
your

6
6

examination and findings with regard to
examination and findings
regard to

7
7

Mr. Schoolcraft was in the bounds of good
Mr. Schoolcraft was in the bounds of

8

and accepted medical practice?
and accepted medical practice?

9

A.
A.

I have the residents that saw
I have the
that saw

10
10
11

notes so that is my -- the agreement with
notes so that is my -— the agreement

12
12

regards to the notes of the residents
regards to the notes
the residents

13
13

since I agreed with the above, I
since I agreed with the above, I

14
14

5)

that patient and I agreed with their
that patient and I
their

considered that as my notes.
considered that as my notes.

15
15
16
16

Q.

I understand when you say you
I
say

considered it.
it.
The question is: Does good and
The question is: Does good and

17
17

18
18

accepted medical practice require you to
accepted medical practice require you to

19
19

make your own notes
make your own notes regarding your
your

20
20

examination and assessment of the
examination
of the

21

patient?
patient?
MR. CALLAN: Objection to the
MR. CALLAN: Objection to the

22
22
23
23

24
24
y}

form of the question.
of the question.
You can answer.
You can answer.

25
25

A.
A.

212-267-6868

If I'm agreeing with notes of
If I'm
notes of
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L.

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the resident, then I do not have to write
the resident, then I do
to write

3
3

notes because I agree with the notes of
notes because I agree with the notes of

4

the both residents from the first day
the both residents
the
day

5

that he came and the second note of Dr.
that he came and the
note
Dr.

6
6

Slowik.
Slowik.

7
7

Q.
Q.

8

Was Mr. Schoolcraft oriented to
Was Mr. Schoolcraft oriented to

time?
time?

9
9

A.
A.

Yes.
Yes.

10
10

Q.
Q.

Place?
Place?

11

A.
A.

Yes.
Yes.

M

12
12

Q.

He was oriented to time/space?
He was oriented to time/space?

»,)

13
13

A.
A.

Yes.
Yes.

14
14

Q.
Q

In your presence, correct?
In your presence, correct?

15
15

A.
A.

Yes.
Yes.

16
16

Q.
Q

His speech was normal, correct?
His speech was normal, correct?

17
17

A
A.

That's correct.
That's correct.

18
18

Q.
Q.

He did not appear to be
He
appear to

19
19

suffering from delusions in your
suffering
delusions in your

20
20

presence, correct?
presence, correct?

21
22
22
23
23

A.
A.

He was paranoid.
He was paranoid.

Q.
Q.

I

But that's that delusions,
that's that delusions,

correct?
correct?

24
24
)

A.
A.

Persecutory delusions.
delusions.

25
25

Q.
Q.

He wasn't seeing things, was
He
seeing things,

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L. ALDANA-BERNIER
L.

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2
2

he?
he?

3
3

A.
A.

That's hallucinations, no.
That's hallucinations, no.

4

Q.

He wasn't hallucinating, was
He wasn't hallucinating,

6
6

A.
A.

No.
No.

7
7

Q.
Q.

How about his cognitive
How
his cognitive

5

8
9

he?
he?

functioning, that was normal, correct?
functioning, that was normal, correct?
A.
A.

Yes.
Yes.

10
10

MR. RADOMISLI: Off the record.
MR. RADOMISLI: Off the record.

11

[Discussion held off the
[Discussion
off the

12
12
,9

record.]
record.]
MR. SMITH:
MR. SMITH: It's 3:34. Off the
It's 3:34.
Off the

13
13
14
14

record.
record.
[Whereupon, at 3:34 p.m., a
[Whereupon, at 3:34 p.m.,

15
15
16
16

recess was taken. ]
recess was taken.]
[Whereupon, at 3:49 p.m., the
[Whereupon, at 3:49 p.m., the

17
17
18
18

testimony continued.]
testimony continued.]
MR. SMITH: Back on the record
MR. SMITH:
Back on the record

19
19

20
20

3:49 p.m.
3:49 p.m.

21

Q.

Doctor, the paranoia that you
Doctor, the
that

22
22

diagnosed Mr. Schoolcraft with, how was
diagnosed Mr.
with,

23
23

he manifesting that?
he
that?

24
24
)

25
25

A.
A.

By him saying that there was a
saying that there was a

conspiracy against him.
conspiracy
him.

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1
2
2
3
3

4

Q.
Q.

Any other way that he was
other way that he was

manifesting besides that?
manifesting besides that?
A.
A.

He believed he was being
He
he was being

5

persecuted by his superiors, coworkers,
persecuted by his superiors, coworkers,

6
6

superiors, that's the main -- that's the
superiors, that's the main -- that's the

7
7

conspiracy.
conspiracy.

8
9
9
10
10

MR. CALLAN: You have to keep
MR. CALLAN:
You have to keep
your voice up.
your voice up.
Q.
Q.

So it was this conspiracy
So it was this conspiracy

11
12
12
NJ)

theory in his head that you thought was
theory in his head that you thought was
the -the -MR. SUCKLE: Withdrawn.
MR. SUCKLE:
Withdrawn.

13
13
14
14

Q.
Q.

It was the conspiracy that was
It was the conspiracy that was

15
15

the basis of your opinion that he was
the basis of your opinion that he was

16
16

paranoid, correct?
paranoid, correct?

17
17

A.
A.

Yes.
Yes.

18
18

Q.
Q.

And how did that manifest
did that

19
19

itself, if at all: in a threat to his
itself, if at all: in a threat to his

20
20

own physical harm?
own physical harm?

21

A.
A.

If I look at him as being a
If I look
as
a

22
22
23
23

conspiracy theory and then I'm thinking
conspiracy theory and then I'm thinking

24
24
)

police officer talking about this
police officer talking
this

that he has access to weapons, then I
that he has access to weapons,
I

25
25

would think that I should think twice and
would think that I should think twice and

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L. ALDANA-BERNIER
L.

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2
2

be cautious that he could be a danger to
be cautious that he could be a danger to

3
3

himself or to others.
himself or to others.

4

Q.

Is that the entirety of the
Is that the
of the

5

reason that you came to the opinion he
reason that you came to the

6
6

was a danger to himself
was a danger to himself and others?
others?

7
7

MR. CALLAN: Objection to form.
MR. CALLAN:
Objection to form.

8

MR. LEE: Objection to form.
MR. LEE:
Objection to form.

9
9

A.
A.

The fact that he had to be
The fact that he
to be

10
10

brought in from his house where he
brought in
his house
he

11

barricaded himself and he had to be taken
barricaded himself
he
to
taken

M

12
12

away and he was bizarre and agitated at
away and he was bizarre and agitated at

'HJ

13
13

the time when he was brought in from his
the time when he was brought in from his

14
14

home, I think those are all the factors
home, I think those are all the factors

15
15

that you have to take in consideration
that you have to take in

16
16

because then I am trying to -- the reason
because then I
trying to —- the reason

17
17

why I kept him is because I'm trying to
why I kept him is because I'm trying to

18
18

prevent a disaster.
prevent a disaster.
MR. SMITH:
MR. SMITH:

19
19
20
20

I'm sorry what was
I'm
what was

the last part?
the last part?

21

[The requested portion of the
[The requested portion of the

22
22
23
23

Q.

Prevent a disaster to whom?
a disaster to whom?

24
24
)

record was read.]
record was read.]

A.
A.

Obviously, if you hear all of
Obviously, if you hear all of

25
25

the stories about the Navy yard disaster,
the stories about the Navy yard disaster,

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L. ALDANA-BERNIER
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2
2

the Range Rover disaster with cops.
the Range Rover disaster with cops. If
If

3
3

you try to fast forward with an
you try to fast
an

4

individual. I'm trying to prevent things
individual.
I'm trying to prevent things

5

that will happened.
that will happened.

6
6

As an emergency room doctor,
As an
doctor,

7
7

you always have to think of all of the
you always have to think of all of the

8

factors that will make a person a danger
factors that will make a person a danger

9

to others like presence of weapons, does
to others like presence of weapons, does

10
10

he have accessibility to weapons and he
he have
to weapons and he

11

was paranoid.
was paranoid.

M
iv?

13
13

At the time I was thinking that
At the time I was thinking that

12
12

14
14

maybe he was
maybe he was really a danger to himself.
danger to himself.
Q.

So a paranoid person,
So a paranoid person,

15
15

accessible to weapons, made him a danger
accessible to weapons, made
a danger

16
16

to himself and others?
to himself and others?

17
17

A.
A.

Plus the other information that
Plus the other information that

18
18

we got when they went to his house: They
we got when they went to his house:
They

19
19

have to take him out from his house; he
have to take him
from
house; he

20
20

was barricaded in his house; and
was barricaded in his house; and he was
was

21

agitated at the time when he was in the
agitated at the time
was in the

22
22

emergency room.
room.

23
23
24
24
9

You have to take all of those
You have to take all of those
into consideration and find out why was
into consideration and
out why was

25
25

he behaving this way. You cannot see
he behaving this way. You cannot see

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that kind of behavior in just one day.
that kind of behavior in just one day.

3
3

You have to observe the patient.
You have to observe the patient.

4

Q.

By the time that you wrote your
By the time that
wrote your

5

note on the 3rd, he had now been there
note on the 3rd, he
now
there

6
6

for two and a half, three days, correct?
for two and a half, three days, correct?
MR. RADOMISLI: Objection to the
MR. RADOMISLI:
Objection to the

7
7

8

form.
form.
Been where?
where?

9
9

MR. SUCKLE: At Jamaica
MR. SUCKLE:
At Jamaica

10
10
11

Hospital.
Hospital.

g

12
12

A.
A.

_D

13
13

then. II made my decision at the time
then.
made my decision at the time

14
14

that I saw him that he needed to be
that I saw him that
to

15
15

admitted.
admitted.

16
16

Q.
Q.

He was in the emergency room
He was in the
room

But he wasn't exhibiting
exhibiting

17
17

anything other than the paranoia when you
anything other than the
you

18
18

saw him, he didn't exhibit any of that,
saw him, he didn't exhibit any of that,

19
19

correct: The things you just described
correct:
The things you just described

20
20

as agitation or the barricading, that was
as agitation or the barricading, that was

21

not in your presence, correct?
not in your presence, correct?

22
22

A.
A.

No. He was paranoid. He said
No.
He was paranoid.
He said

23
23
24
24

_)

all of the stories that maybe there was a
all of the stories that
there was a
conspiracy against him.
conspiracy
him.

25
25

Q.

212-267-6868

But he wasn't agitated or
agitated or
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L.
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barricading himself in your presence,
barricading himself in your presence,

3
3

right?
right?

4

A.
A.

At that
then you
At that moment but then you

5

have to consider —that
when
have to consider -- at that moment when

6
6

you make your decision, you also have to
you make your decision, you also have to

7
7

consider all of the other factors.
consider all of the other factors.

8
9
9
10
10
11
11

Q.
Q.

Why didn't you read the medical
you read the medical
Why

record from the medical
room?
record from the medical emergency room?

A.
A.

Because the medical record
Because the medical record

doesn't come to our psych ER.
doesn't come to our psych ER.

_

12
12

IUD

13
13

police officers that
to the
police officers that brought him to the

14
14

hospital?
hospital?

15
15
16
16

17
17

Q.
Q.

A.
A.

Did you speak to any of the
you speak to any of the

I do
have any recollection.
I do not have any recollection.

I do not remember.
I do not remember.
Q.
Q.

you speak to any
Did you speak to any police

18
18

officer at all at
time
Mr.
officer at all at any time regarding Mr.

19
19

Schoolcraft?
Schoolcraft?

20
20

A.
A.

I do
remember.
I do not remember.

21

Q.
Q.

Did you speak to Dr. Lamstein?
Did you speak to Dr. Lamstein?

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22

MR. SMITH:
L-A-M-S—T-E-I-N.
MR. SMITH: L-A-M-S-T-E-I-N.

23
23

No.
No.

24
24
)

A.
A.
Q.
Q.

you tell Dr. Lamstein
Did you tell Dr. Lamstein

25
25

—that --

212-267-6868

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