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
Page 1
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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,
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Plaintiff,
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-against-
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THE CITY OF NEW YORK,
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MARINO,
11
his Official Capacity,
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PATROL BOROUGH BROOKLYN NORTH GERALD
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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,
VERITEXT REPORTING COMPANY
www .veritext.com
516-608-2400
LAUTERBORN
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1
2
Tax
3
Official Capacity,
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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") ,
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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
22
23
are presently
are presently
Defendants.
------------------------------------------
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111 Broadway
25
New York,
212-267-6868
New York
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LAUTERBORN
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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
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above-entitled action,
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time
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Notary Public of
and place,
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pursuant
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held at
the above
taken before Dawn Miller,
a
the State of New York,
between Counsel.
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to
the
court order and
*
*
stipulations
*
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212-267-6868
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Page 318
1
Q.
2
Do you
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requesting a
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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
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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
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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
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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
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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
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apartment
the
second time?
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A.
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Yeah,
technicians
212-267-6868
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
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SMITH:
record 6:35 for a
21
don't know what
Q.
We were at the scene of
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Schoolcraft's
25
being about
212-267-6868
6:46.
residence.
the
second,
We were
what I
talking
call,
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