Schoolcraft v. The City Of New York et al

Filing 396

DECLARATION of NATHANIEL B. SMITH in Opposition re: 297 MOTION for Summary Judgment .. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit POX 1, # 2 Exhibit POX 2, # 3 Exhibit POX 3, # 4 Exhibit POX 4, # 5 Exhibit POX 5, # 6 Exhibit POX 8, # 7 Exhibit POX 10)(Smith, Nathaniel)

LAUTERBORN

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF NEW YORK

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----------------------------------------

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ADRIAN SCHOOLCRAFT,

6

Plaintiff,

7

-against-

8

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THE CITY OF NEW YORK,

10

MARINO,

11

his Official Capacity,

12

PATROL BOROUGH BROOKLYN NORTH GERALD

13

NELSON,

14

his Official Capacity,

15

STEVEN MAURIELLO,

16

Individually and in his Official Capacity,

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CAPTAIN THEODORE LAUTERBORN, Tax Id.

18

897840,

19

Capacity,

20

919124,

21

Capacity,

22

2567,

23

Capacity,

24

2583,

25

Capacity,

212-267-6868

Tax

ID.

DEPUTY CHIEF MICHAEL

Tax Id.

873220,

912370,

Individually and in
ASSISTANT CHIEF

Individually and in
DEPUTY

Tax Id.

INSPECTOR

895117,

Individually and in his Official
LIEUTENANT WILLIAM GOUGH,

Tax Id.

Individually and in his Official
ST.

FREDERICK SAWYER,

Shield No.

Individually and in his Official
SERGEANT KURT DUNCAN Shield No.

Individually and in his Official
LIEUTENANT CHRISTOPHER BROSCHART,
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516-608-2400

LAUTERBORN

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1
2

Tax

3

Official Capacity,

4

CAUGHEY,

5

in his

Official

6

JAMES,

Shield No.

7

his

8

#1-50,

9

Capacity,

Id.

915354,

Tax

Individually and in his

Id.

LIEUTENANT TIMOTHY

885374,

Individually and

Capacity,
3004,

Official Capacity,

SERGEANT

Individually and in
and P.O. 's"JOHN DOE"

Individually and in
(the name
as

the

SHANTEL

their Official

John Doe being

10

fictitious,

true

11

unknown)

12

Defendants") ,

13

CENTER,

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in his

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ALDANA-BERNIER,

16

Official Capacity,

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MEDICAL CENTER EMPLOYEE

18

Individually and in

19

Capacity,

20

fictitious,

21

names

unknown) ,

(collectively referred

DR.

to

as

"NYPD

JAMAICA HOSPITAL MEDICAL

ISAK

Official

ISAKOV,

Individually and

Capacity,

DR.

LILLIAN

Individually and in her
and JAMAICA HOSPITAL
I

s JOHN DOE
II

II

# 1-5 0'

their Official

(the name John Doe being
as

the

true names

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23

are presently

are presently

Defendants.
------------------------------------------

24

111 Broadway

25

New York,

212-267-6868

New York

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November

7,

3

2013

10:10 A.M.

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VIDEO DEPOSITION of THEODORE

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6

LAUTERBORN,

the Defendant in

7

above-entitled action,

8

time

9

Notary Public of

and place,

10

pursuant

11

held at

the above

taken before Dawn Miller,

a

the State of New York,

between Counsel.

12

to

the

court order and

*

*

stipulations

*

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19

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Page 318
1

Q.

2

Do you

3

requesting a

4

he wanted to go
A.

5

remember Schoolcraft

preference as
to?

Again,

I

don't know i f he was

6

asking,

7

a

8

have been paying close attention

9

because

10

I

to what hospital

know there was

hospital,

I

Q.

and,

like

I

discussion over

said,

would have ;no
There came a

a

say in

I

may not
to

that

that matter.

time when

11

Schoolcraft agreed to go

12

right?

13

A.

Yes.

14

Q.

Everybody left

15

right?

16

A.

Yes.

17

Q.

Be went down

18

ambulance,

19

A.

20

heading

to

the hospital,

the apartment,

the

street to

the

right?
From my point of view,

towards

he was

the ambulance on his

21

Q.

Then what happened?

22

A.

And then

23

out my

24

Mauriello,

25

own.

towards me.

212-267-6868

name,

who

and I

I

I

heard somebody yell

believe to be

Inspector

see Schoolcraft walking

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Page 319
1

Q.

2

3

was,

And what Mauriello

"Teddy,

stop him,"
MR.

4

said to you

right?

KRETZ:

Objection.

5

A.

Basically.

6

Q.

Did you

7

A.

Not initially at

8

Q.

What happened?

9

A.

I

10

He was

11

"Adrian,

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walking quickly past me and,

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don't know what

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going up

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but he was

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to

close

17

to

keep him from closing i t .

upstairs,

20

close

21

a

towards me.

Whether

where you going?"

the

or he

stairs back

to

you

his

i t fair

I

to

as

you followed him,

I

we were

apartment
he went

put my foot

say,

said,

know,

to get back in,

the door and

I

just went

the exchange was

trying

Is

19

that moment.

don't know how i t went down.

coming

Q.

18

stop him?

in

it

he went back
he

tried to

the door and you put your

foot

in as

stopper from closing the door?

22

A.

Yeah,

23

Q.

He went into his

24

you entered the

25

basically.
apartment and

right?

212-267-6868

apartment again;

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Page 320
1

2

A.

That's right.

3

Q.

And you were followed by Chief

4
5

6

Marino;

is

A.

that right?
Again,

I

couldn't tell you the

order of how people came in.

7

Q.

8

order.

You don't have
Eventually,

to worry about the

in the apartment was
'

9

Chief Marino,

three guys

from Brooklyn --

10

A.

North

11

Q.

Investigation and who else?

12

A.

I

13
14
15

couldn't tell you after that

who followed

Q.
bedroom,

--

in.

Schoolcraft went into his
right?

16

A.

Yes.

17

Q.

All of those individuals went

18
19

into his bedroom as well;

A.

At that point,

is
I

that right?

don't think all
Some might have

20

of us were in his bedroom.

21

been out in the living room area.

22

Q.

Was

Lieutenant Hanlon in the

23

apartment

the

second time?

24

A.

25

Yeah,

technicians

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all

three of the

came up again.
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Page 321
1

Q.

2

3

It was

MS.

to

METTHAM:

the hospital?

Objection.

Asked

and answered.

5

A.

6
go

No,

the first

Q.

8

9

second occasion that

Hanlon says he had to go

4

7

this

i t was

stated that he has

to

time around.

Did you overhear any of

the

exchanges between Schoolcraft and anybody

10

else while he was

11

the street?
I

approaching the bus on

12

A.

No,

didn't.

13

Q.

Did you see any of the exchanges

14

between Schoolcraft and any of

15

individuals as

16

A.

I

17

towards

18

he

19

the

he was approaching

mean

I

the bus?

could see him walking

anybody.

--

the ambulance but I

if he

-- what or i f he was

MR.

20

saying to

Going off

the

paper change.

Going back on record i t ' s

22

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SMITH:

record 6:35 for a

21

don't know what

Q.

We were at the scene of

24

Schoolcraft's

25

being about

212-267-6868

6:46.

residence.

the

second,

We were
what I

talking

call,

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