Schoolcraft v. The City Of New York et al

Filing 397

FILING ERROR - DUPLICATE DOCKET ENTRY - DECLARATION of NATHANIEL B. SMITH in Opposition re: 297 MOTION for Summary Judgment .. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit POX 11, # 2 Exhibit POX 12, # 3 Exhibit POX 13, # 4 Exhibit POX 15, # 5 Exhibit POX 16, # 6 Exhibit POX 18)(Smith, Nathaniel) Modified on 2/17/2015 (db).

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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ADRIAN SCHOOLCRAFT,
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PLAINTIFF,
Case No:
10 Civ_ 6005

-against-

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{RWS)

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;LO

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THE CITY OF NEW YORK, DEPUTY CHIEF MICHAEL MARINO,
Tax Id. 873220, Individually and in his Official
Capacity, ASSISTANT CHIEF PATROL BOROUGH BROOKLYN
NORTH GERALD NELSON, Tax Id. 912370, Individually
And in his Official Capacity, DEPUTY INSPECTOR
STEVEN MAURIELLO, Tax Id. 895117, Individually and
In his Official Capacity, CAPTAIN THEODORE
LAUTERBORN, Tax Id. 897840, Individually and in his
Official Capacity, LIEUTENANT WILLIAM GOUGH, Tax Id.
919124, Individually and in his Official Capacity,
SGT. FREDERICK SAWYER, Shield No. 2576, Individually
and in his Official Capacity, SERGEANT KURT DUNCAN,
·Shield No. 2483, Individually and in his.Official
Capacity, LIEUTENANT CHRISTOPHER BROSCHART, Tax Id.
9·153S4, Individually and in his Official Capacity,
LIEUTENANT TIMOTHY CAUGHEY, Tax Id. 885374,
Individually and, in his Official Capacity, SERGEANT
SHANTEL JAMES, Shield No. 3004 and P.O.'s "JOHN DOE"
#1-50, Individually and in their Official Capacity
(the name John Doe being fictitious, as the true
names are presently unknown) (collectively referred
to as "NYPD defendants"), JAMAICA HOSPITAL MEDICAL
CENTER, DR. ISAK ISAKOV, Individually and in his
Official Capacity, DR. LILIAN ALDANA-BERNIER,
Individually and in her Official Capacity and
JAMAICA HOSPITAL MEDICAL CENTER EMPLOYEE'S "JOHN
DOE" # 1-50, Individually and in their Official
Capacity (the name John Doe being fictitious, as
The true names are presently unknown),
DEFENDANTS.

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DATE: October 11, 2012
TIME: 10:20 A.M.

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(Continued

... )

DIAMOND REPORTING

(718} 624-7200
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info®diamondreporting:com

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DATE: October 11, 2012

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TIME: 10:20 A.M.

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VIDEOTAPED DEPOSITION of the

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Respective Parties, pursuant to a Notice and

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to the Federal Rules of Civil Procedure, held at

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the offices of the New York City Law Department,

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100 Church Street, New York, New York 10007, before

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("">, \
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Plaintiff, ADRIAN SCHOOLCRAFT, taken by the

Nathan MacCormack, a Notary Public of the State of

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New York.

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DIAMOND REPORTING

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A. SCHOOLCRAFT
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Q.

On October 31, 2009, do you recall telling

anyone, "Mentally, I am not that stable"?
A.

I don't recall ever saying -- ever making that
But if you have the recordings to these,

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statement.

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would be happy to listen to them and verify them.

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Q.

I

I am just asking if you recall ever making these

statements?
A.

I don't recall ever making these statements.

But

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if you have a recording of these exact statements, as you

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are telling me, I would be happy to verify it through the

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recording.

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..

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Q.

Did there come a time when you left work on

October 31, 2009?

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A.

Yes.

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Q.

When did you first decide to leave work that day?

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A.

I don't remember the approximate time.

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It was

some time between 2:30 and 3:30 or 2:00 and 3:30, probably.

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Q.

When were you supposed to leave work that day?

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A.

I believe the end of shift is 15:30.

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Q.

So 3: 30?

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A.

15:00 -- yeah, 3:00 or 3:30.

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Q.

Why did you want to leave early that day?

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A.

I was feeling under the weather.

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But primarily,

I was concerned about Lieutenant Caughey's behavior.

Q.

What were you concerned about?

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A. SCHOOLCRAFT
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A.

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I was concerned with my safety and well-being, the way

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I was concerned that my safety and well-being was

that he was behaving.
Q.

What, specifically, about your safety were you

concerned about?

A.

Specifically, my safety and well-being, my person

being harmed.

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Q.

Were you afraid that he was going to injure you?

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A.

I don't recall any specific

any specific thing

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that I thought he would do to me.

I was just concerned,

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and I felt it was appropriate to remove myself from that

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situation.

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Q.

Is there a procedure for leaving work early?

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A.

Other than notifying your supervisor, I am not

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aware of -- I guess it depends on what -- why you are

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leaving.

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Q.

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Have you ever been disciplined for not following

sick leave procedures before?
I don't believe so.

A.

It's possible, probably;

it's a complicated procedure.

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Q.

How is it complicated?

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A.

There's -- it's like six pages.

But as far as

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being at work and notifying anyone else, other than your

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immediate supervisor, regarding that situation, I am not

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aware of any other steps.

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A. SCHOOLCRAFT
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Q.

Did you follow the procedure for leaving work

early on October 31, 2009?

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A.

I believe so, yes.

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Q.

Whom did you ask to leave early?

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A.

I believe her name was Sergeant Huffman,

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something like that.

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Q.

How did you ask her to leave early?

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A.

I informed her -- I believe I told her I had an

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upset stomach, and I gave her a -- a slip with my -- with

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all my information on it; my name, my address where I would

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be.

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all the paperwork I was involved with.

And I told her "I don't feel well."

And I turned in
And that was it.

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Q.

What paperwork did you give her?

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A.

Referring to what I was working on, or the slip?

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Q.

What did you give her?

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A.

I gave her -- it's referred to as a sick slip.

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am not sure the exact form number, but the slip is what

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officers fill out when they go sick.

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(.

I

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Q.

Did you give her other documents at the same time

you gave the sick slip?

A.

I don't recall giving her any specific other

documents that I gave her at that time, no.
Q.

Did Sergeant Huffman tell you that you cannot

leave unless you wanted lost time?

A.

I believe she said something to that effect.

DIAMOND REPORTING

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And

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A. SCHOOLCRAFT
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I said "lost time is fine," to the best of my memory, "lost

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time is fine."

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.,.,.-.

to be authorized.

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But then I think she said the lost time had

And I didn't feel the lost time would have been

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authorized.

I preferred

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weather, and I preferred to go regular sick.

I was feeling under the

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Q.

But you recall agreeing to lost time?

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A.

I don't recall agreeing to lost time.

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It's

possible, if that was -- if she would have allowed it, then

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I would have agreed to it.

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would have been granted.

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Q.

But I didn't feel lost time

So when she said you can take lost time, what did

you say to her?

A.

It would be something to the effect, "That's

fine."
Q.

Did you speak with Police Officer Yadira

Rodriguez, after you asked to leave work early?

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A.

I don't recall speaking to Yadira Rodriguez, no.

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Q.

Do you recall speaking with Police Officer Craig

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Rudy after you asked to leave work early?

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A.

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officers.

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Q.

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./,-

:.:

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I don't recall any specific conversation with any

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Did you believe that you were leaving work early

against the orders of Sergeant-Huffman?

A.

No.

I didn't believe that, no.

DIAMOND REPORTING

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A. SCHOOLCRAFT
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Q.

Did you believe that Sergeant Huffman had

authorized your leaving work early on October 31, 2009?

A.

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I believed it was fine.

Whether or not she was

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going to do it as regular sick or lost time, it really

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didn't concern me, as long as I was able to get out of

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there.
Q.

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When did you first see Defendant Mauriello on

October 31, 2009?

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A.

I believe I saw him walk in as I was walking out.

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Q.

Did you see Sergeant Huffman speak to Defendant

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Mauriello on October 31, 2009?

A.

,

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I don't recall seeing them speak to each other,

Q.

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Did you see Defendant Mauriello speak to

no.

Defendant Caughey on October 31, 2009?

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A.

I don't recall seeing him speak to anyone.

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Q.

Did you see Lieutenant Caughey speak to Sergeant

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Huffman on October 31, 2009?

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A.

Yes.

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Q.

When did you see them speak?

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A.

I don't recall the specific time.

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It was some

time -- it was around noon.

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Q.

Did you hear what they were speaking about?

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A.

I could not hear what they were speaking about.

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Q.

Did you speak to Defendant Mauriello as you were

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A. SCHOOLCRAFT
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leaving the precinct on October 31, 2009?

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A.

I don't recall speaking to him, no.

3

Q.

What happened, after you left the precinct?

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A.

To the best of my memory, I drove home.

I got

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home, I notified !.A.B. of -- by phone, I notified I.A.B.

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of Caughey's behavior.

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they were flu symptoms, with NyQuil.

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I addressed my upset stomach or --

And I -- I recall talking to my father.
then -- then I laid down to go to sleep.

And

And then the

details after that, are in the recording.

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Why did you notify !.A.B. of Caughey's behavior?

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,........,

Q.
A.

I felt his behavior should have been

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investigated.

I

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Q.

How so?

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A.

How would they investigate it?

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Q.

I am sorry, that was an unclear question.

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did you believe that Caughey's behavior needed to be

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Why

addressed by the !.A.B.?
A.

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He was acting in an -- in a bizarre, unusual

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manner; pacing around me, carrying his firearm in an

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improper fashion.

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told me he was pacing around me and staring at me.

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just had a general concern about what his problem was with

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me.

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Q.

··----·-·-·--.- --·

And I

So what did you want !.A.B. to do?

DIAMOND REPORTING

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Ms. Boston called me on the phone and

[phone]
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[e-mail]

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A. SCHOOLCRAFT
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A.

That's -- I couldn't think of any other reason a

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nurse or a doctor would ignore me in some simple human

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requests.

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Q.

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Were you permitted to use the phone while you

were at Jamaica Hospital?

A.

At a -- there was a point in time, they wheeled

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me over to the phone.

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finally found me.

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that they let me talk to him.

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Q.

My father was calling -- he had

And he was calling so often that they

When you say "they wheeled me over to a phone,"

who is "they"?

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A.

It was -- I believe she was a nurse.

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Q.

Did the N.Y.P.D. obstruct them from wheeling you

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to a phone?

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A.

Not that first one, no.

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Q.

How long were you on the phone with your father

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at that time?

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A.

At that time,

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Q.

More than half an hour?

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A.

I don't think so.

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Q.

Did you make any other phone calls from the

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hospital?

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A.

Yes.

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Q.

Whom did you call?

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A.

It would have been my father.

DIAMOND REPORTING

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I don't remember.

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[e-mail]

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A. SCHOOLCRAFT
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Q.

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hospital?

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A.

Yes.

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....-- ..

Q.

How many times did you call your father on

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October 31, 2009?
A.

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7

10

To the best of my memory, two, three times,

approximately.
Did you see any nurses or doctors during the

Q.

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You called your father more than once from the

first nine hours that you have alleged you were denied food
and water?

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A.

Yes.

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Q.

Ho~ many nurses and doctors did you see in that

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!

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first nine h9urs?
!

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A.

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doctors.

Apbroximately, maybe two nurses and at least two
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Q.

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doctors?

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A.

No1.

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Q.

Yop claim that Sergeant Sawyer assaulted you in

Dol you know the names of those nurses and
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Jamaica

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Hosp~tal;

is that correct?

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A.

Ye~,

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Q.

'
How did he assault you?

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A.

He -- well, him and at least four other officers

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there came a point where they stopped bringing me the

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phone.

correct.

At one point, I got out of gurney, and I had to

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A. SCHOOLCRAFT
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drag the gurney with me to the phone, because I became

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aware that my father was trying to get ahold of me.

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contacted him from a phone.

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And I

Sergeant Sawyer arrived some time the next

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morning, and he saw me on the phone.

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midnight sergeant, the Black female, and he said to her, "I

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thought perps weren't supposed to get phone calls."

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walked over to the phone and hung up the phone and it

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stopped my call.

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He approached the

And he

And then that's when he -- it sounded like he

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said "okay, now," or something to that effect.

And then

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Officer Miller was on the other side of the gurney.

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grabbed my arm, and two more officers in uniform grabbed my

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legs and body, and Sawyer grabbed my head and my hair.

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And then they put me back onto the gurney,

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slammed me onto the gurney and my left hand was then

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handcuffed.

He

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19

Q.

And I was double-handcuffed to a gurney.

So Sergeant Sawyer, you stated, was holding your

head and your hair at that time?

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A.

Correct, more pulling my hair.

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Q.

Who was holding your right hand?

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A.

The right hand was secured to the gurney, it was

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the left hand, Officer Miller grabbed that arm.

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think Sergeant James was also holding that arm.

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And I

when they cuffed it.

DIAMOND REPORTING

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A. SCHOOLCRAFT
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Q.

With how much force were you thrown on the

gurney?
A.

It was a little softer than the floor before,

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because there was padding on the gurney.

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was grabbed and pulled, and no one was standing on my legs.

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It was not as painful as in my home.

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my hair pulled was probably the most painful.

But it was -- I

But it was -- having

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Q.

Did Sergeant James injure you in any way?

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A.

I don't recall if her grabbing me -- if I

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sustained any injuries from her.

Q.

What injuries did you sustain from having

Sergeant Sawyer pull your hair?
A.

It wasn't that -- after Officer Miller applied

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the cuffs, they were a little too tight.

Sawyer said

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something to the effect, "Can you believe this fucking

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guy?"

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"This is what happens"

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of my memory, he said, "This is -- this is what happens to

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fucking rats."

And then he walked over to me, leaned over and said,
in sum and substance, to the best

And then he put both his hands around my wrists,

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pressing the cuffs together until they wouldn't

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until

they wouldn't go any further.

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25

Q.

Could you explain what you mean by he was

pressing your wrists together.
A.

How handcuffs work, they are one-sided, you close

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A. SCHOOLCRAFT
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them by pressing one side.

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sides of my wrists that the cuffs were on, and pressed the

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cuffs together until they wouldn't close anymore.

4

Q.

He secured his hand around both

So are you stating that he stood over you and had

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one of his hands on each of your wrists and closed the

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handcuffs as tightly as possible?

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MR. NORINSBERG:

Objection.

8

A.

No.

9

Q.

Just the left wrist?

10

A.

Correct.

11

Q.

So it wasn't both your wrists; just one?

12

A.

Correct.

13

Q.

Before the officers allegedly pushed you back on

Just the left wrist.

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to the gurney, had they asked you to sit down on the

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gurney?

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A.

That's when I sat down on the gurney.

After he

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hung up the phone, it was either Miller or Sawyer, one of

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them said "Get back on the gurney."

And that's when --

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that's when I sat up on the gurney.

And I was grabbed from

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multiple angles.

21

Q.

During the six days you were at the hospital, did

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you ever see any N.Y.P.D. ·officers talking to any

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physicians?

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... -

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A.
intern.

Yes.

I saw Shantel James talking to the psyche

And then -- I am aware there was another period of

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A. SCHOOLCRAFT
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A.

I believe it was before.

2

Q.

Before.

So you spoke to the psyche intern, and

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then later saw the psyche intern speaking to Sergeant

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James?

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MR. RADOMISLI:

Objection to form.

6

A.

Correct.

7

Q.

What was the content of your conversation with

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the psyche intern?

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MR. RADOMISLI:

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form if you refer to her as "the Asian woman."

MS. PUBLICKER:

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I don't like that.

The

apparent psyche intern with long, black hair?

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...

I will stop objecting to

MR. RADOMISLI:

Well, you can say "apparent

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psyche intern," but don't be offended if I object

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to the form.

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MS.

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18

Q.

PUBLICKER:

Okay.

Did you hear the conversation the apparent psyche

intern with long, black hair had with Sergeant James?

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MR. RADOMISLI:

Objection to the form.

20

A.

No.

21

Q.

Your Complaint states that the N.Y.P.D.

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the six days you were in there, to ensure that you remained

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..

maintained contact with Jamaica Hospital Medical Center for

at the hospital; is that correct?

25

A.

Correct.

DIAMOND REPORTING

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A. SCHOOLCRAFT
1

Q.

Which N.Y.P.D. defendants do you believe

2

maintained contact with Jamaica Hospital Medical Center

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staff?

4

A.

Specifically, I don't know.

But I do recall in a

5

meeting with Dr. Isakov, my father had arrived with my

6

as my health care proxy and power of attorney.

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He had asked Dr. Isakov, "Why are you holding my

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son against his will?"

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not holding your son against his will.

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,.~··.

We are

"We are
I am

waiting to hear from the police department."
Q.

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12

And Dr. Isakov responded,

wa~

Did Dr. Isakov tell you who from the N.Y.P.D. he

waiting to hear from?

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A.

I don't recall him saying anyone specific, no.

14

Q.

Aside from that instance, are you aware of any

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N.Y.P.D. defendants speaking with Jamaica Hospital Medical

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Center staff?

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22

A.

I am aware that there were Internal Affairs

investigators there.
Q.

And are you aware of whether or not they spoke to

Jamaica Hospital Medical Center staff?
A.

I did see them speaking to staff as they were

coming in, yes.

23

Q.

Who did you see them speaking to?

24

A.

I don't recall the names of the specific nurses

25

or doctors.
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I.

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A. SCHOOLCRAFT
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Q.

Can you describe those nurses and doctors.

2

A.

Off the top of my head, I don't recall,

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specifically.
Q.

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You allege that the N.Y.P.D. defendants falsified

5

evidence and gave that evidence to Jamaica Hospital staff;

6

is that correct?

7

A.

Correct.

8

Q.

What evidence do you believe the N.Y.P.D.

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10

defendants falsified and submitted to Jamaica Hospital
Medical Center staff?

A.

11

To the best of my recollection, after reviewing

12

the

notes, it was statements made to the hospital

13

by supervisors of the 81st Precinct.

~ospital

14

Q.

Which supervisors?

15

A.

I

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believe it was Sergeant James; if I have her

name correct.
Q.

What statements did she give, that you believe

were false?
A.

I may not remember all of them, but I believe she

20

stated I was acting in a bizarre manner, that I ran from

21

the police, that I was cursing and swearing at supervisors,

22

and that I barricaded myself.

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..

--·

....

Q.

A.

Did you call a lawyer while you were in the

hospital?

25

And there is probably more.

I believe there was an attorney -- I believe I

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A. SCHOOLCRAFT
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an officer they reviewed had appealed the review?

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3

MR. NORINSBERG:
A.

Objection.

I am not aware if they would be punished just by

4

an officer appealing an evaluation.

5

be punishment, having to explain something you documented

6

and signed.

7

Q.

I don't feel it would

Aside from the recordings that you have provided

8

to your attorneys and the crime complaints that you

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mentioned prior, is there any other evidence of N.Y.P.D.

10

misconduct and corruption that you had in your possession

11

on October 31, 2009?

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,r'-

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15

A.

I believe my attorneys have everything, to the

best of my knowledge.
Q.

Do you know what "charges and specifications"

are?

16

A.

Yes.

17

Q.

What are "charges and specification-s"?

18

A.

I believe that's the term used for charges

19

brought against an officer in the police department and the

20

specific-- the specifics of that charge.

21

just a list of the charges, and the specifics of those

22

charges.

23

Q.

24
25

I believe it's

Did the N.Y.P.D. officers that visited your home

in Johnstown ever tell you why they were there?
A.

I only recall answering the door once.

DIAMOND REPORTING

[phone]
220

And I

[e-mail]

221
A. SCHOOLCRAFT
1

can't remember what she handed me, if it was a copy of

2

charges and specifications, or something else.

3

recall what it was.

4

me, no.

5

6
7

Q.

I don't

But in words, it wasn't explained to

Did you ever ask the individuals who visited your

home in Johnstown what they were doing there?

A.

Before I could ask -- when I did answer that

8

door, I didn't know she was a New York City Police Officer.

9

She was dressed in plainclothes.

10

And as soon as I opened the door, I saw the video

11

camera and who I believe is Sergeant O'Hare, standing on

12

the stairway, with his hand on his gun, when I opened the

13

door.

14

have said -- shake my hand, "Yes, I understand."

15

abruptly closed the door.

16

Q.

So she handed me the envelope, I closed door.

I may

But I

All the other occasions, when officers visited

17

your home in Johnstown and knocked on your door, did you

18

ever speak to those officers?

19

A.

No.

20

Q.

So when they were banging on the door, did you

21

And they were banging on the door.

ever ask them what they were doing there?

22

A.

I don't recall communicating with any of them.

23

Q.

Why didn't you?

24

A.

It was -- I believe their behavior was

25

threatening and intimidating.
DIAMOND REPORTING

-------...--,--------·-·--·---.

-----··-·-·

I really felt that it was

[phone]
221

[e-mail]

222
A. SCHOOLCRAFT
1

2
3
4

going to happen again, there.

Q.

Were you trying to avoid being served with

charges and specifications?
A.

No.

I have

I made aware my union attorney, of

And I

I seem to recall telling a police

5

what happened.

6

supervisor, either a Captain Perez or a deputy inspector --

7

I may have his rank wrong, Luciano.

8
9
10

I expressed to them, I wanted all communications
to be handled through my attorney.

And they ignored that,

because they wanted to intimidate and threaten me.

11

Q.

Why did you feel threatened?

12

A.

The banging on the door.

My neighbors were

13

concerned, they said the pictures on their walls falling

14

off the walls, they were kicking and banging the door so

15

hard.

16

There were times where they got the local police

17

involved, and then they started banging on my door and

18

kicking the door.

19

me, especially.

20
21

Q.

So it was just the manner in which they knocked

on your door that made you feel threatened?
MR. NORINSBERG:

22
23

It was frightening, for my father and

A.

Objection.

To the best of my memory, yeah.

It was that, and

24

them stationing themselves outside the door to my apartment

25

for hours.
DIAMOND REPORTING

{718) 624-7200
222

[e-mail]

r:.

223
A. SCHOOLCRAFT
1

2
3

Q.

Did any of the officers who came to your home

threaten you, explicitly?

A.

I don't recall any words being exchanged.

But

4

the banging on the door, and the cameras·and the hands on

5

the gun, hands on their guns, and stationing or posting

6

themselves outside the apartment.

7

8
9

Q.

Did you ever tell anyone at the N.Y.P.D. that you

can't return to work, because you were too sick to travel?

A.

At the end of the suspension, I believe they

10

were -- they wanted me t·o return back to the 81st Precinct.

11

And -- and I still had

12

weather, and out of fear, also.

13

to return back there.

14

I definitely -- I was under the
I wasn't -- I wasn't going

And again, I tried communicating this with my

15

union attorney, and how he was going to be involved.

16

pretty soon after that, he made it explicitly clear that

17

until I came back, that they weren't going to do anything.

18

Even though they,were coming up to me, I had no advocate.

19

Q.

21

Were you too ill to travel back to the N.Y.P.D.?
MR. NORINSBERG:

20
A.

And

Objection.

Too -- I felt -- I felt at that time, I didn't

22

feel good.

It was a flu or something.

23

out of the hospital.

24

bleeding and peeing and defecating out in the open,

25

vomiting.
DIAMOND REPORTING

I believe I got it

It was a filthy place.

[phone]
223

People

[e-mail]

224
A. SCHOOLCRAFT
I was sick for a while.

1

And another reason why I

2

didn't return, was out of fear of -- of Halloween night

3

happening again.

4

Q.

Were you informed that the N.Y.P.D. would send a

5

district surgeon to see you, since you told them you were

6

too ill to travel?

7

8

A.

I don't recall that conversation.

But if there's

a recording, I will verify it.

9

Q.

But you don't recall hearing that?

10

A.

I don't recall any specific conversation, other

11

than they were sending the local police up there to verify

12

where I was.

13
14
15
16
17
18

Q.

you in Johnstown?
A.

Q.

23
24
25

Or if I was, I don't

Did you answer the door for any doctors who came

to visit you
MR. NORINSBERG:
Q.

A.

Objection.

from the N.Y.P.D.?
MR. NORINSBERG:

21
22

I am not aware of that, no.

recall a doctor coming.

19
20

Are you aware that N.Y.P.D. doctors came to visit

Objection.

I don't recall answering the door to a doctor

from the N.Y.P.D.
Q.

Before October 31, 2009, what knowledge did you

have of quota policies in any other N.Y.P.D. precinct but
DIAMOND REPORTING

[phone]
224

[e-mail]

225
A. SCHOOLCRAFT
1

the 81st Precinct?

2
3

MR. NORINSBERG:

A.

Objection.

To the best of my memory,

I would have to refer

4

to the recordings, where there are supervisors quoting

5

other officers as high as in the rank of chief, asking "How

6

many summonses does this squad have?

7

activity?

8

do they have?"

How low is their activity?

What's their
How many summonses

9

Q.

What chiefs did you hear say that?

10

A.

Without listening to the recording, I can't -- I

11

don't recall the name of who was being quoted.

12

believe it's in the Complaint, or on the recording.

13
14

Q.

But I

Since October 2009, have you learned of quota

policies in other N.Y.P.D. precincts?

15

A.

Since when?

16

Q.

Since October , 2009.

17

A.

I believe my attorneys have received phone calls

18

and information from other police officers regarding

19

quotas.

20

Q.

How many officers were you aware of that were

21

intimidated or threatened with retaliation when they

22

challenged an allegedly unlawful quota policy?
MR. NORINSBERG:

23
24
25

A.

Objection.

Off the top of my head, everyone had to.

Everyone that I had worked with in patrol, the pressure was

DIAMOND REPORTING

[phone]
225

[e-mail]

226
A. SCHOOLCRAFT
1
2
3

there.
Q.

Was that the question?
I am asking about officers who were intimidated

when they challenged a quota policy.
MR. NORINSBERG:

4

5

A.

Objection.

I don't recall any other officer, specifically.

6

If there was, I am not aware of it in the 81st Precinct

7

that that was -- that was challenging.

8

consider myself challenging the quota
I felt it was wrong.

9

I wouldn't even
p~licy.

But a lot of officers felt

10

it was wrong.

11

supervisors towards patrolmen, was certainly there.

12

Q.

And the atmosphere, the hostility from

Do you know of any other officers that were

13

intimidated or threatened with retaliation when they

14

attempted to disclose instances of N.Y.P.D. corruption or

15

misconduct?

..

MR. NORINSBERG:

16

Objection.

17

A.

Am I aware of any?

18

Q.

Yes.

19

A.

Is there a specific time or --

20

Q.

Ever.

21

A.

I am trying to think of -- off the top of my

22
23
24
25

head, I don't recall any specific officer.
Q.

Are you aware of any other police officers who

have spoken out publicly against the alleged quota policy?
A.

I believe there have been.

DIAMOND REPORTING

-··-.

-------~----

[phone]
226

·.··

[e-mail]

227
A. SCHOOLCRAFT
1

2
3

Q.

Who do you believe has spoken out against the

alleged N.Y.P.D. quota policy?

A.

Off the top of my head, I can't recall an exact

4

name, but -- I believe one of them is, Adhyl Polanco.

5

think the other one's first name is Frank -- Frank

6

Palestro.

7

Palestri.

8
9

I

I may be saying the name wrong; Palestro or

There is a -- I believe his name is Valez; is
or was in the 75th Precinct at one time.

10

back.

11

That was a while

I don't recall at this time, who exactly.

12
13

I

can't recall, but I do believe there is more.

But

Do you claim that the defendants wanted to

Q.

prevent you from speaking about certain issues?

14

MR. NORINSBERG:

Objection.

15

A.

Yes.

16

Q.

What issues do you believe they wanted to keep

17
18

you from speaking about?
Corruption and misconduct in the 81st Precinct,

A.

19

the illegal quota policy, the tampering with evidence of

20

crimes, manipulating the crime reports, the actual

21

documents themselves, falsifying training logs, supervisors

22

sanitizing the personnel files to help their advancement.

23

24
25

Which defendant, specifically, do you believe

Q.

wanted to prevent you from speaking about those issues?
I believe they all wanted -- benefited, if I had

A.

DIAMOND REPORTING

.

·----- ··------ .--

{718) 624-7200
227

[e-mail]

228
A. SCHOOLCRAFT
1

stopped pushing the issue.

2

Q.

Every single named defendant from the N.Y.P.D.,

3

you believe, would have benefited, if you did not speak out

4

against the issues you just mentioned?
MR. NORINSBERG:

5

Objection.

6

A.

In some way or another, yes.

7

Q.

How did you intend to speak out about the issues

8

you just described?
A.

9

Well at first,

I felt it could be resolved within

10

the department, with the investigations.

11

Halloween night, I became aware that they weren't -- it

12

would -- I think that's what convinced me that the public

13

had to be made aware, directly.

14

Q.

But after

Since you decided that the public needed to be

15

made aware directly, have any defendants taken any steps to

16

prevent you from speaking out?

17

MR. NORINSBERG:

Objection.

18

A.

I believe so, yes.

19

Q.

What steps have they taken?
MR. NORINSBERG:

20
A.

21

Objection.

The driving some 300 miles to bang on my door,

22

and stand outside or park outside my apartment and prevent

23

me from going anywhere, creating that fear that they were

24

going to come in.

Q.

25

Did you eventually speak out against the issues

DIAMOND REPORTING

[phone]
228

----------

[e-mail]

229
A. SCHOOLCRAFT
1
2
3
4

5

you just mentioned?

A.

I believe I have a couple of times.

It's been

out there.
Q.

Since that time, have the defendants continued to

attempt to prevent you from speaking out?

6

A.

Again

7

Q.

How?

8

A.

Again, banging on my door for months, parking

9
10
11

Yeah, yes.

outside my apartment, waiting for something.
Q.

But they never once mentioned the media during

these visits?
MR. NORINSBERG:

12

,..-..

it went on for a few months.

Objection.

13

A.

I don't recall any mention of the media.

14

Q.

Did you have medical insurance on October 31,

15

2009?

16

A.

17

I didn't believe so.

On -- the day after I was

suspended, I assume that I didn't.

18

Q.

Why did you assume that?

19

A.

Because when officers were suspended, so are

20

their benefits.

21

Q.

How did you learn that?

22

A.

I believe, that's what I understood.

And I

23

believe on one of the recordings, a supervisor reiterates

24

that.

25

Q.

Did you try to seek reimbursement from your

DIAMOND REPORTING

[phone]
229

--------·----;--:-

[e-mail]

264
A. SCHOOLCRAFT
1
2

3

believe so.
Q.

Who did you believe leaked information on !.A.B.

Complaints to the defendant?

4

A.

5

know yet.

6

Q.

Why do you believe they leaked the information?

7

A.

Lieutenant Caughey's behavior October 31, 2009.

I don't think we

~now

yet.

I don't believe we

8

I believe he was aware in some form or another that there

9

was a -- maybe not the Complaint against him, but it was

10

certainly timely.

11

the·re were Complaints against the precinct, made by me.

12
13

Q.

I

believe he was at least aware that

Do you believe he could have learned this

information from your memo book?

14

A.

On the 31st of October , 2009?

15

Q.

Yes.

16

A.

I would have to review the notes again.

17
18

But

again, how would he know to review the memo book?
Q.

Do you believe that if I.A.B. had not leaked

19

information on you to the defendants, that the October 31,

20

2009, incident would not have happened?
MR. NORINSBERG:

21
22

A.

23

Q.

believe it's possible that it would not have

happened.

24

Objection.

25

I

In 2008, did you intend to go public with your

knowledge with N.Y.P.D. corruption and police misconduct?
DIAMOND REPORTING

----------.------

{718) 624-7200
264

[e-mail]

.-; ..

--- ----- ------ ..

265
A. SCHOOLCRAFT
1

A.

When?

2

Q.

In 2008?

3

A.

I don 1 t believe I ever intended before

4

October 31, 2009.

5

going outside the department.

6

memory, I still believed that there were -- that there were

7

certain parts of -- that once

8

evidence forward, that the department would have to resolve

9

the issues of misconduct in the 81st Precinct.

10
11

I don't believe it ever crossed my mind,
I -- to the best of my

once I brought the

And it

would be handled inside -- inside the department.
Q.

So in February of 2009, you did not intend to go

12

public with your knowledge of N.Y.P.D. corruption and

13

misconduct; is that correct?

14

A.

On what date?

15

Q.

In February of 2009?

16

A.

In February of 2009, to the best of my memory, I

17

don 1 t recall ever thinking about going to the public or to

18

any media source.

19

Q.

When did you believe -- sorry, strike that.

20

When do you believe that members the N.Y.P.D.

21

first learned about your intention to disclose N.Y.P.D.

22

police misconduct, publicly?
MR. NORINSBERG:

23
24
,.~r--·

25

A.

I don 1 t know if they -- I don't what they

believed or when they believed it.
DIAMOND REPORTING

--·.,-·-·-

.. · - - -

Objection.

[phone]
265

They may have just
[e-mail]

1

1
2

UNITED STATES DISTRICT COURT.
SOUTHERN DISTRICT OF NEW YORK

------------------------------------------X

ADRIAN SCHOOLCRAFT,

PLAINTIFF,

3

-against-

4

Case No.:
10 cv 6005

5
6

7
8
9

10
11
12

...

·~

.

"'"~· ....

13

il
r'

14
15
16
17
18
19
20
21
22
23
24

',

. '•-.
~

1-:..
...

25

THE CITY OF NEW YORK, DEPUTY CHIEF MICHAEL
MARINO, Tax ID. 873220, Individually and
in his Official Capacity, ASSISTANT CHIEF
PATROL BOROUGH BROOKLYN NORTH GERALD NELSON,
Tax Id. 912370, Individually and
in his Official Capacity, DEPUTY INSPECTOR
STEVEN MAURIELLO, Tax Id. 895117, Individually
and in his Official Capacity, CAPTAIN THEODORE
LAUTERBORN, Tax Id. 897840, Individually and
in his Official Capacity, LIEUTENANT WILLIAM
GOUGH, Tax Id. 919124, Individually and
in his Official Capacity, SGT. FREDERICK SAWYER,
Shield No. 2567, Individually and
in his Official Capacity, SERGEANT KURT DUNCAN,
Shield No. 2483, Individually and
in his Official Capacity, LIEUTENANT CHRISTOPHER
BROSCHART, Tax Id. 915354, Individually and
in his Official Capacity, LIEUTENANT TIMOTHY
CAUGHEY, Tax Id. 885374, Individually and
in his Official Capacity, SERGEANT SHANTEL JAMES,
Shield No. 3004, Individually and
in his Official Capacity, and P.O.'s "JOHN DOE"
#1-50, Individually and in their Official Capacity,
(the name John Doe being fictitious, as the true
names are presently unknown) (collectively
referred to as "NYPD Defendants"), JAMAICA
HOSPITAL MEDICAL CENTER, DR. ISAK ISAKOV,
Individually and in his Official Capacity,
DR. LlLLIAN ALDANA-BERNIER, Individually and
in her Official Capacity, and JAMAICA HOSPITAL
MEDICAL CENTER EMPLOYEE'S "JOHN DOE" #1-50,
Individually and in their Official Capacity,
(the name John Doe being fictitious, as the
true names are presently unknown),
DEFENDANT.

------------------------------------------X
(Continued. . • )
DIAMOND REPORTING

[phone]
1

[e-mail]

2

1

DATE: SEPTEMBER 26, 2013

2

TIME: 10:10 A.M

3
4

VIDEO DEPOSITION of the Plaintiff, ADRIAN

5

SCHOOLCRAFT, taken by the respective parties, pursuant to a

6

Court Order and to the Federal Rules of Civil Procedure,

7

held at the offices of Scoppetta, Seiff, Kretz &

8

Abercrombie, Esqs, 444 Madison Avenue, New York New York,

9

10022 before Elizabeth Forero, a Notary Public of the State

10

of New York.

11

12
13
14
15
16
17
18

19
20
21
22
23
24

25
DIAMOND REPORTING

[phone]

2

[e-mail]

24
A. SCHOOLCRAFT
1

two minutes forty-five seconds -- you should express that

2

you~

concern is about safety and not about getting revenge?

3
4

MR. SMITH: Objection to form.

A.

I believe that is what he said, yes.
MR. KRETZ: I stopped it at three minutes and

5

five seconds.

6
7

8

Q.

Did you and your father agree that Mauriello was

a worthless mother fucker?

9

MR. SMITH:

12

You have two questions in there.

Objection to form.

10
11

Is that what your father said?

Q.

Did your father just say Mauriello was a

worthless mother fucker?

13

A.

I believe that is what he said, yes.

14

Q.

Did you agree with that?

15

A.

Yes.

16

MR. KRETZ: I will continue with three

17

minutes five seconds. I stopped at three minutes

18

fifty-nine seconds.

19

20

Q.

Do you know who your father is referring to in

that segment of the recording?

21

MR. SMITH: Objection to form.

22

A.

Officer Horun, H-0-R-U-N.

23

Q.

What role has that officer played at this point

24

in time?

25

A.

He just referred to me as a house mouse

DIAMOND REPORTING

[phone]
24

[e-mail]

25
A. SCHOOLCRAFT
1

Q.

He referred to you as a house mouse?

2

A.

Correct.

3

Q.

Is that a he or a she?

4

A.

He.

5

Q.

When did he do that?

6

A.

I don't know the exact date, but it was sometime

7

after being put on desk duty which would have been April or

8

March 2009 to this day October 7th.

9

fairly recent.

10

Q.

11

precinct?

12

A.

It may have been

13

It was a comment he made in passing in the

Yes, he made some comment.

I don't remember the

exact statement but he referred to me as a house mouse.

14

Q.

What do you think prompted him to say that?

15

A.

I don't know.

16

Well, other than being a house

mouse at that time.

17

Q.

Meaning being a telephone switchboard operator?

18

A.

Any officer who isn't on patrol and basically

19

working inside the precinct they are refer to as a house

20

mouse.

21

Q.

Your father referred to you being without a gun

22

and shield.

23

QUAD to get your gun and shield back?

24
25

Was that one of your goals in meeting with

MR. SMITH: Objection to form.
A.

I don't see how a meeting with QUAD would have --

DIAMOND REPORTING

[phone]

[e-mail]

25
I

~

199
A. SCHOOLCRAFT
....

~·

1

Q.

2

Well, who might you give a recording device to?
MR. SMITH:

Objection to form.

3

A.

No one other than my father.

4

Q.

Other than your father you can't think of anyone

5

to whom you might have gifted this recording device?

6

A.

Correct.

7

Q.

Or sold?

8

A.

Correct.

9

Q.

Now, in your Second Amended Complaint are you

10

aware you added claims relating to NYPD visits to your home

11

in John's Town, New York?

12

A.

I believe so.

13

Q.

What is your understanding why NYPD officers

14

visited your home in John's Town, New York in December

15

2009?

16

A.

To intimidate and harass me.

17

Q.

Why do you believe that?

18

A.

Because of their actions on Halloween, on October

19

31st, 2009 and the misconduct and criminal allegations I

20

made against various supervisors of the New York City

21

Police Department.

22

Q.

Were all of the NYPD officers who visited your

23
24
.-···

home in John's Town, New York the same who were in your
apartment on October 31st, 2009?

25

MR. SMITH:
DIAMOND REPORTING

Objection to form.

[phone]
199

[e-mail]

200
A. SCHOOLCRAFT
1

A.

I don't know.

2

Q.

What specifically did the NYPD officers who

3

visited your home in John's Town, New York do that made you

4

believe you they were intimidating and harassing you?
MR. SMITH:

5

6

7

A.

Objection to form.

Banging on my door, posting themselves outside my

apartment, intimidating me, preventing me from leaving.

8

Q.

How were they intimidating you?

9

A.

They were armed and standing by either my

10

apartment door or right outside my apartment complex,

11

building or parked at the entrance exit to the apartment

12

complex.

13

Q.

14

Aside from officers who are on modified

restricted duty, do most police officers carry a weapon?

15

A.

I believe so.

16

Q.

So why did you believe it was strange these

17

officers were armed?

18

A.

I never said it was strange they were armed.

19

Q.

You but believe it was a fact that contributed to

20

your belief they intimidated you; is that correct?

21

A.

That's correct.

22

Q.

Why did the fact officers who generally carry

23

guns, who were carrying guns on this day, indicate to you

24

they were intimidating you?

25

A.

Because they had guns, and at one time, when I

DIAMOND REPORTING

[phone]
200

[e-mail]

201
A. SCHOOLCRAFT
1

did answer the door the officer, he may have been a

2

sergeant, had his hand on his gun.

3

Q•

4

A.

Correct.

5

Q.

In a resting position, did you ever leave your

6

I

You carried a gun for years; is that correct?

hand on your service weapon?

7

A.

What was that?

8

Q.

Did you ever place your hand on your service

9

Leave my hand where?

weapon while in a resting position?

10

A.

I believe so.

11

Q.

Now, you said you answered the door -

12

A.

Did you say arresting or resting?

13

Q.

Resting.

14

A.

No.

15

Q.

You never in a resting position just placed your

16
17
18
19

20

hand on your gun?
A.

I don't believe so, no.

Again, I want to point

out that officer was in plain clothes.
Q.

Do police officers who are on duty in plain

clothes typically carry weapons?

21

A.

I believe so.

. 22

Q.

You said you answered the door once; is that

23

correct?

24

A.

25

To the best of my memory, it was one time, and a

black female was knocking and pounding on the door.
DIAMOND REPORTING

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My

[e-mail]

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A. SCHOOLCRAFT
1

father answered it.

2

I believe, they gave me a letter.

3

4

Q.

So she is the individual who you referred to as

having her hand on her service weapon?
A.

5
6

She convinced him to convince me to.

No, it was a male standing on the stairs out of

the view of the camera.

7

Q.

Can you describe that male?

8

A.

Approximately, well, he was standing on a step.

9

I

would say he was about five ten.

He was the same male

10

sitting with Lieutenant Gough as they were posted outside

11

in my apartment complex.

12

gray and white colored hair, mustache and hair. But that

13

wasn't Gough that had his hand on his gun.

14
15

Q.

He had a mustache, and I believe

What ethnicity was this individual, to the best

of your ability?

16

A.

Which one?

17

Q.

The male?

18

A.

The one with his hand on his gun?

19

Q.

Yes.

20

A.

White male.

21

Q.

About how old?

22

A.

Approximately thirty-five to forty-five years

23
24
25

old.
Q.

On what date did this occur where you opened the

door for the officers?
DIAMOND REPORTING

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A. SCHOOLCRAFT
1

A.

I don't recall the specific date.

2

Q.

Can you give me a month and a year?

3

A.

I am sure we can.

4

Q.

Sitting here today, can you?

5

A.

Not off the top of my head, no.

6

Q.

Do you recall if it was in 2009?

7

A.

It may have been.

8

Q.

It is your belief today that you only opened the

9

door on one occasion; is that correct?

10

A.

I believe so.

11

Q.

Do you believe the officers who visited your home

12

in John's Town were doing so in order to silence you?

13

A.

To intimidate me.

14

Q.

But not to

15

A.

That would fall under intimidation, yes, silence

16
17
18

you?

me, I would agree with that.
Q.

What they do that communicated to you they wanted

to silence you?

19

MR. SMITH:

20
21

silenc~

Other than want he already

testified about?

A.

Their behavior, standing outside my apartment,

22

banging on the doors, disturbing the neighbors, calling the

23

local police getting them involved, posting themselves at

24

my apartment door, outside my apartment building at the

25

entrance and exit of my apartment complex.
DIAMOND REPORTING

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[e-mail]

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A. SCHOOLCRAFT
1

Q.

Did the officers ever say anything specifically

2

to you that indicated to you they were trying to silence

3

you?

4

A.

I don't recall any specific comment.

5

Q.

Would anything refresh your recollection about

6

whether they said anything to you?

7

A.

It is possible.

8

Q.

What?

9

A.

I don't know.

10

Q.

There is nothing you can think of today?

11

A.

Not that I am aware of today.

12

Q.

Did any officers threaten you since October 31st,

13

2009.

14

A.

15

That officer with his hand on his gun and the

other one banging on the door.

16

Q.

They threatened you by knocking on the door?

17

A.

Banging on the door, kicking the door.

18

Q.

How do you know they were kicking the door?

19

A.

They left scuff marks on the bottom of the door.

20

Q.

You checked the door before and after they

21

arrived?

22

A.

Correct.

23

Q.

How many times did they kick your door?

24

A.

At least once, at least one occasion where they

25

were kicking the door and there were scuff marks.
DIAMOND REPORTING

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A. SCHOOLCRAFT
1

Q.

Did they say anything to threaten you?

2

A.

I don't recall any specific comments.

3

Q.

Did they say anything to threaten your father?

4

A.

I don't recall any specific comments made towards

5
6

7

him.
Q.

When was last the time NYPD officers visited you

in upstate New York?

8

A.

I don't know.

9

Q.

You don't know?

10

A.

Correct.

11

Q.

When was the last time you know of officers

12
13

visiting you in upstate New York?

A.

I don't recall any specific date or time but I

14

believe it went on through late 2010, to the best of my

15

memory.

16

Q.

Do you believe the officers visited you in 2011?

17

A.

I am not aware of it, no.

18

Q.

What about 2012?

19

A.

Not that I am aware of.

20

Q.

How many times did NYPD officers visit you in

21

22
23

upstate New York?

A.

Off the top of my head, sitting here right now, I

don't recall.

24

Q.

Can you give me an approximation?

25

A.

Six times approximately.

DIAMOND REPORTING

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A. SCHOOLCRAFT
1

Q.

When did they start visiting you in upstate New

2

York?

3

A.

I think December 2009.

4

Q.

Your Second Amended Complaint states that a

5

defendant yelled, NYPD, we know you are in there in open

6

up.

7

allegedly yelled that?

In December 2009, do you know which defendant officer

8

A.

No.

9

Q.

How many times did an officer yell NYPD we know

10

you're in there open up?

11

A.

At least once.

12

Q.

Was it a male voice or a female voice?

13

A.

I believe it was male.

14

Q.

Did you look through your peephole when you heard

15

that?

16

A.

17

I may have, but they were, it was covered with

something.

18

Q.

You can't describe that officer?

19

A.

No.

20

Q.

Did you say anything in response to the officer

21

stating NYPD we know you're in there open up?

22

I don't recall making any response.

23

Q.

Why not?

24
~:...··

A.

A.

If they knew I was in there, were they going to

25

kick the door in again?
DIAMOND REPORTING

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[phone]
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I had no response

[e-mail]

207
A. SCHOOLCRAFT
1
2
3

to give them.
Q.

Do you know why the officers were at your

apartment?
MR. SMITH:

4

Objection to form.

5

A.

To intimidate and harass me.

6

Q.

At the time is that what you believed?

7

A.

I believe that now.

8

Q.

Do you believe that is the only reason officers

9

visited your home in John's Town, New York?

10

A.

Yes.

11

Q.

Which officer allegedly spied through your

12

bedroom window?

13

A.

I don't know.

14

Q.

Could you describe that officer?

15

A.

He was wearing a puffy jacket, short, buzz cut,

16

his skin was darker than white, approximately thirty to

17

thirty-five years old, wearing jeans.

18

Q.

So this is a male?

19

A.

Correct.

20

Q.

Any other identifying characteristics of this

21
22
23
24
25

individual?
A.

His hair, if it wasn•t buzzed, it was short

cropped, neat, dark-colored hair.
Q.

Had you seen this individual on any other

occasions?
DIAMOND REPORTING

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[e-mail]

208
A. SCHOOLCRAFT
1

2

A.

I don't know.

I remember him from that time, but

I didn't know who it was.

3

Q.

Do you know who he is sitting here today?

4

A.

I don't know.

5

Q.

How close to your bedroom window was he?

6

A.

I didn't see him next to my bedroom window.

What

7

I heard was the tree next to my window beating against the

8

window, when I got up and looked out, he was just landing

9

on the ground as if he jumped out of the tree.

That's what

10

happened.

11

Q.

What floor was your bedroom on?

12

A.

I believe it was the second floor and there was a

13

basement with another apartment and a laundry room.

14

second floor from the street level.

15

16

Q.

So the

So you could not look into your bedroom window

without being elevated by some means; is that accurate?

17

A.

Correct.

18

Q.

But you did not see an officer looking through

19

your window; is that correct?

20

A.

Correct.

21

Q.

Was your window open or closed?

22

A.

I believe it was closed.

23
24
25

I believe it was cold

outside at that time.
Q.

Did you say anything to the officer after you

noticed him by your window?
DIAMOND REPORTING

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[e-mail]

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A. SCHOOLCRAFT
l

A.

I

2

Q.

Did that happen more than once?

3

A.

I

4

Q.

Could you please physically describe defendant,

5

don't recall making any statements to him, no.

don't believe so, no.

Thomas Hanley?

6

A.

No.

7

Q.

Who is defendant, Thomas Hanley, to you?

8

A.

One of the officers that drove up to John's Town,

9

New York.

10

Q.

You don't know what he looks like?

11

A.

I don't believe so.

12

Q.

Why are you suing him?

13

A.

I believe my attorneys learned he was one of the

14

officers that came up there and intimidated and harassed

15

me.

16
17

Q.

But you don't have any independent recollection

of defendant, Hanley, yourself?

18

A.

If I saw him I don't know what his name would be.

19

Q.

Do you claim defendant, Hanley, used any force

20
21

against you?
No. I don't think so.

A.

22

there.

23

I don't know if he was

Duncan from Halloween night.

I didn't recognize any one other than Gough and

24

Q.

25

Did anyone use force against you in John's Town,

New York?
DIAMOND REPORTING

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A. SCHOOLCRAFT
1

A.

Not physically on me, no.

2

Q.

Against your father?

3

A.

No.

4

Q.

Are you claiming defendant, Hanley, could have

5

stopped any other officers from using force against you?
MR. SMITH:

6

7

physical force against him.

B

MS. METTHAM:

At any time.

The Complaint

states defendant, Hanley, is an individual who

9

10
11

He just said nobody used any

failed to intercede.
Q.

I am asking are you claiming that Hanley could

12

have done anything to stop an officer from using force

13

against you on October 31st, 2009?

14

MR. SMITH:

15
16

17

I will object to the form of the

question.
A.

I assuming since he was a lieutenant if there

were subordinate officers, whatever his order would been.

18

Q.

19

2009?

20

A.

I don't know.

21

Q.

Do you have any reason to believe defendant,

Do you believe he was present on October 31st,

22

Hanley, had anything to do with your false arrest on

23

October 31st, 2009?

24

A.

I don't have anything, no.

25

Q.

Did defendant, Hanley, enter or search any of

-~

DIAMOND REPORTING

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A. SCHOOLCRAFT
1

your residences at any time?

2

A.

I don't know.

3

Q.

Do you believe he may have?

4

A.

I believe it is possible.

5

Q.

On what do you base that belief?

6

A.

I did not see everyone who was in my home on

7

October 31st, 2009.

8
9

Q.

12
13

Do you belive defendant, Hanley, seized any of

your property at any time?

10
11

Not that I am aware of.

A.

It is possible.

I don't know.

I am not aware of

Q.

Do you have any documents or information to back

it.

up that belief he may have seized your property?

14

A.

Not that I am aware of.

15

Q.

Do you believe that defendant, Hanley, had

16

anything to do with your confinement at Jamaica Hospital

17

Medical Center?

18

A.

I don't know.

19

Q.

During your confinement at Jamaica Hospital, did

20

you ever see defendant, Hanley?

21

A.

I don't believe so.

22

Q.

Do you believe that defendant, Hanley, falsely

23

manufactured any evidence against you?

24

-

..

A.

I don't know?

25

Q.

But the complaint does allege defendant, Thomas

DIAMOND REPORTING

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211

[e-mail]

212
A. SCHOOLCRAFT
1

Hanley, attempted to silence, harass or otherwise harm you;

2

is that correct?

MR. SMITH:

3

Do you want to show him the

4

Complaint?

5

you are asking him does he have a recollection of

6

that allegation in the Second Amendment

7

Complaint?

It is a ninety-five page document so

8

MS. METTHAM:

9

an allegation of his.

10
11

Q.

No, I am wondering if that is

Do you believe defendant, Hanley, attempted to

silence, harass or otherwise harm you?

12

A.

Yes.

13

Q.

How did he attempt to harm you?

14

A.

If he was one of the officers there.

15

Q.

When you say there on October 31st, 2009?

16

A.

That and post October 31st, 2009 upstate.

17

Q.

What officers tried to harm up in upstate New

18
19

York following October 31st, 2009?
A.

I believe any officer, especially the ones

20

banking on the door.

21

I believe their intent was to harm me.

22
23
24
25

Q.

I don't know what their intent was.

Do you have any statements they gave you to

support that belief?
A.

Off the top of my head right now, I don't recall

any statements.
DIAMOND REPORTING

[phone]
212

[e-mail]

213
A. SCHOOLCRAFT
1

Q.

Do you have any recording that with substantiate

2

your claim that officers tried to harm you in upstate New

3

York?

4

A.

I don't recall hearing any recordings.

5

Q.

When was the last time you saw defendant, Hanley?

6

A.

I don't know what he looks like.

7
8
9

I don't know

who he is.
Q.

Have you ever interacted with defendant, Hanley,

before October 31st, 2009?

10

A.

Who.

11

Q.

Defendant, Hanley?

12

A.

I am not aware if I did.

13

Q.

Do you have any reason to believe defendant,

14

Hanley, was aware of your recordings at the 81st Precinct

15

before the "Village Voice" article was published?

16

A.

I don't know.

17

Q.

Is there anything that would refresh your

18

recollection about that?

19

A.

About?

20

Q.

Whether or not you believe he was aware of the

21

recordings before the "Village Voice" article?

22

A.

It is possible.

23

Q.

It is possible you would have a document that

24
-

25

would refresh your recollection?
A.

Not that I have.

I haven't seen anything that

-~

DIAMOND REPORTING

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A. SCHOOLCRAFT
1
2
3

indicates he knew, whoever he was, knew anything.
Q.

Did defendant, Hanley, ever work at any precincts

at the same time you were assigned there?

4

A.

His name does not sound familiar.

5

Q.

Prior to October 31st, 2009 had you any made any

6

IAB complaints against defendant, Hanley?

7

A.

I don't believe so.

8

Q.

Are you alleging defendant, Hanley, conspired

9

against you with any other defendants in this matter?

10

A.

I believe that is alleged in the complaint.

11

Q.

How do you believe he conspired with other

12
13

defendants?
A.

If he was one of the officers that showed up

14

Halloween night and post October 31st, 2009 upstate in

15

John's Town at my home or my apartment at that time.

16

Q.

If defendant, Hanley, was not present at your

17

apartment on October 31st, 2009, how do you believe he

18

conspired with other defendants in this matter?

MR. SMITH:

19
20
21
22
23

A.

Objection to form.

I am not aware of him having any other

involvement or any involvement at all.
Q.

Can you please physically describe defendant,

Robert O'Hare?

24
·-

A.

I don't believe I know who that is.

25

Q.

Why are you suing him?

~~

DIAMOND REPORTING

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214

[e-mail]

215
A. SCHOOLCRAFT
1

2
3

4

A.

I believe my attorneys found out who was driving

up to my apartment in John's Town, New York.
Q.

You believe he is an individual who drove up to

your apartment in John's Town, New York?

5

A.

That's what my attorneys believe so.

6

Q.

Do you have any reason to believe that personally

7

8

aside from what your attorneys have told you?
A.

No.
MR. SMITH:

9

10

I just want to caution you Mr.

Schoolcraft.

11

MS. METTHAM:

I said aside from what your

12

attorneys told you.

13

MR. SMITH:

Stop interrupting me.

Your

14

persistent interrupting is very unprofessional.

15

Officer Schoolcraft, I want to remind you if you

16

are asked a question, if you have any knowledge

17

or aware of, on its face could you call for

18

information about discussions you may have had

19

with your counsel, I just want to remind you, you

20

are not to reveal any privileged communications.

21

Q.

When you did not answer the door to officers when

22

living in John's Town, New York, was that because you knew

23

the officers were trying to serve you with papers?

24
25

A.

If they were trying to serve me with papers, I

instructed my PBA attorney, Stuart London, well, I asked
DIAMOND REPORTING

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215

[e-mail]

216
A. SCHOOLCRAFT
1

why he wasn't able to accept service.

2

was threatened by them coming after me up there.

3

I believe their intent was to intimidate and harass.

4
5

Q.

I made him aware I
And, no,

Are you aware the NYPD sent a NYPD district

surgeon to your house in John's Town, New York?

6

A.

I don't recall who was sent.

7

Q.

Were you ever told that the NYPD was sending a

8

district surgeon to visit you in John's Town, New York?
MR. SMITH:

9
10
11

to by your attorneys --

Q.

I am asking about his recollection.

12

13

Do you have information provided

MR. SMITH:
Q.

Let's read the question.

Beside being told by any attorneys, are you aware

14

that NYPD was sending a physician to visit you in John's

15

Town, New York?

16

A.

In a conversation I had with Deputy Inspector

17

Luciana, he stated in a threatening manner I am going to

18

send a doctor up to you, but he refused to make an

19

appointment or give a specific time or date.

20

know when that was.

21

He refused to make that appointment with -- to the best of

22

my memory, Stuart London was not going to get involved.

23

stated they are going to do whatever they want.

24

25

So I don't

And then I contacted my PBA attorney.

MR. SMITH:

He

This is a conversation between

you and your PBA attorney, please don't reveal

DIAMOND REPORTING

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[e-mail]

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A. SCHOOLCRAFT
1

it.

2

attorney/client communication.

3

doing this best to answer your question.

4

now five forty-eight.

5

Q.

There is no intent here to waive any
The witness is
It is

Mr. Schoolcraft, do you believe it was

6

threatening for the NYPD to tell you they were sending a

7

doctor to visit you; is that correct?

8
9

10
11

A.

Yes, again, and the conversation I had with my

attorney, that I am not going to disclose, what is the word
I am thinking of, strengthened my theory.
Q.

So something Stuart London said made you believe

12

even further the officers were sending a doctor to threaten

13

you; is that correct?

14
15

A.

That their behavior, what Luciana stated, he was

going to do, that wasn't the intent.

16

Q.

I don't understand.

17

A.

I don't know how to explain it without giving up

18
19
20
21
22
23
24
25

what Mr. London said.
Q.

We can move on for now.

Do you claim defendant,

Robert O'Hare, used any force against you?
A.

I don't recall any force being used on me by an

individual that I am not aware of at this point.
Q.

Do you believe defendant, O'Hare, had anything to

do with your alleged false arrest on October 31st, 2009?
A.

I am not aware.

DIAMOND REPORTING

[phone]
217

[e-mail]

218
A. SCHOOLCRAFT

1
2

Q.

Do you believe defendant, O'Hare, entered or

searched any of your residences at any time?

3

A.

I not aware of that.

4

Q.

Do you believe that defendant, O'Hare, seized any

5

of your property at any time?

6

A.

Not that I am aware of.

7

Q.

Do you believe that defendant, O'Hare, had

8

anything to do with your confinement at Jamaica Hospital

9

Medical Center?

10

A.

Not that I am aware of.

11

Q.

During your confinement at Jamaica Hospital

12
13
14
15
16

Medical Center, did you ever see defendant, O'Hare.
A.

I recall every one I met giving me their names.

That name does not sound familiar nor does Hanley.
Q.

Do you believe defendant, O'Hare, falsely

manufactured any evidence against you?

17

A.

I am not aware of that.

18

Q.

Do you believe that defendant, O'Hare, has

19
20

attempted to silence, harass and/or otherwise harm you?
A.

If he was one of the officers responding to

21

John's Town, New York where I was residing at the time,

22

then, yes.

23

Q.

On all of those six occasions you mentioned, you

24
~

believe that the officers on every occasion were trying to

25

silence, harass and/are otherwise harm you; is that
DIAMOND REPORTING

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218

[e-mail]

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A. SCHOOLCRAFT
1

correct?

2

A.

Yes.

The individual holding his hand on his gun

3

could have been Hanley or O'Hare.

4

have any pictures.

5

6

Q.

I don't know.

I don't

Did you take any pictures of the officers who

came to your home in John's Town, New York?

7

A.

I believe I did at one time.

8

Q.

You don't know all of the officers in those

9

pictures?

10

A.

I don't recall the pictures even, but I think, I

11

recall taking pictures of a gentleman standing outside my

12

window in plain clothes, and then a female officer sitting

13

in a car with a video camera.

14
15

Q.

Did you take pictures of any other officers that

visited you in John's Town, New York?

16

A.

To the best of my memory, that is the only one.

17

Q.

Had you ever interacted with defendant, O'Hare,

18

before October 31st, 2009?

19

A.

Not that I am aware of or that I remember.

20

Q.

Have you interacted with him since?

21

A.

Not that I am aware of.

22

Q.

Do you have any reason to believe defendant,

23

O'Hare, was aware of your alleged whistle blowing before

24

the "Village Voice" article was published?

25

MR. SMITH:
DIAMOND REPORTING

Objection to form.

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[e-mail]

355

1

A. SCHOOLCRAFT

2

had already had a conversation or

3

discussion with someone you understood to

4

be a psych intern?

5

A.

Yes.

6

Q.

When did that take place?

7

A.

Again, it's hard to tell the

9

Q.

Just approximately.

10

A.

I didn't have a window or --

8

time.

11

I'm going to say after midnight.

12

she was communicating with me when Sergeant

13

James was there.

14
15

Q.

I believe

So, it was during the night,

your first night there?

16

A.

Yes.

17

Q.

How long did your interaction

18

with that person last?

19

A.

Approximately 15, 20 minutes.

20

Q.

While you were talking to the

21

"second female physician," did she appear

22

to have any difficulty understanding you

23

from your observation?

24

25

A.

She had absolutely zero

expression on her face.

I couldn't read

356

1

A. SCHOOLCRAFT

2

her at all.

If she did understand or

3

didn't understand,

I could not tell.

4

Q.

You couldn't get a read?

5

A.

No, not at all.

6

Q.

Up until the time that you had

7

the conversation with the second female

8

physician, had you been medicated at all at

9

Jamaica?

10

A.

No.

11

Q.

During the course of your

12

admission there, did you receive any

13

medication?

14

A.

15
16
17
18

No.
MR. SMITH:

Wait.

Received,

you mean like swallowed or offered?
Q.

Was any medication actually

administered to you?

19

A.

No, I don't -- no.

20

Q.

Were you offered any

21

medication?

22

A.

I don't know about offered.

I

23

was approached by a nurse after -- there

24

was this -- this, not a bell, but a sound

25

would go off and everyone would go into a

436

A. SCHOOLCRAFT

1

2

and -- was it one person from IAB?

3

A.

Yes.

4

Q.

What took place in that

5
6

meeting?
My father confronted Dr. Isakov

A.

7

in trying to get a reason for being -- for

8

me being involuntarily committed to the

9

hospital.

10

Q.

Did Dr. Isakov respond to that?

11

A.

His response was, some

to

12

the best of my memory, nobody's here

13

against their will.

14

for word from his employer, or I think he

15

said NYPD.

16
17

Q.

We are just waiting

He said he was waiting for word

from your employer?

18

A.

Correct.

19

Q.

Did he ask you for permission

20

to speak to Dr. Lamstein?

21

A.

He did not personally, no.

22

Q.

Did somebody tell you that he

23

wanted permission to speak to Dr. Lamstein?

24

A.

No.

25

Q.

Did you ever refuse him the

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2

3

A. SCHOOLCRAFT

Q.

Was the IAB person in this

meeting one of those four people?

4

A.

No.

5

Q.

It was somebody different?

6

A.

Correct.

7

Q.

When your father was speaking

8

to the IAB person, did Dr. Isakov and the

9

social worker leave for a period of time?

10

A.

I don't remember if they were

11

there, then left.

12

arriving.

13

14
15

Q.

I just remember them

Now, what did Dr. Isakov say

about needing a word from your employer?

A.

To the best of my memory, in

16

response to my father asking why I was

17

being held against my will or involuntarily

18

committed, he was demanding the records

19

that were keeping me locked up and Dr.

20

Isakov responded that, he said, I remember

21

him saying, nobody is being held against

22

their will.

23

from, then he kind of shuffled towards the

24

sergeants, the IAB investigator sitting in

25

the chair, we're just waiting to hear from

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A. SCHOOLCRAFT
the NYPD.

Q.

3

In fact, didn't Isakov tell you

4

that he wanted a plan for you to see

5

somebody after your discharge during that

6

meeting?

7

see a psychiatrist or a psychologist?

In other words, he wanted you to

MR. SMITH:

8

Objection to form.

9

A.

Before being discharged?

10

Q.

That you had that appointment

11

already made before discharge.

12

A.

Correct.

The way I understood

13

it, it was a condition but not from that

14

meeting.

15

until, I want to say Friday.

It was -- I did not know that

MR. SMITH:

16
17

Could you read that

back.

18

(Record read.)

19

Q.

Are you aware that your father

20

spent a lot of Thursday speaking with your

21

private doctor, trying to set up an

22

appointment for a psychiatrist for you to

23

see?

24

A.

That sounds right.

25

Q.

Were you aware of that at that

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