Schoolcraft v. The City Of New York et al

Filing 398

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 19, # 2 Exhibit POX 20, # 3 Exhibit POX 21, # 4 Exhibit POX 22, # 5 Exhibit POX 23, # 6 Exhibit POX 24, # 7 Exhibit POX 25, # 8 Exhibit POX 26, # 9 Exhibit POX 27)(Smith, Nathaniel) Modified on 2/17/2015 (db).

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
- - - - - - - - - - - - - - - - - ADRIAN SCHOOLCRAFT,
Plaintiff,
-against- Index No.
10CIV-6005 (RWS)

-

8

9
10
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12
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15
16
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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 JOSEPH
GOFF, Tax Id. 894025, Individually and
in his Official Capacity, stg. Frederick
Sawyer, Shield No. 2576, Individually
and in his Official Capacity, SERGEANT
KURT DUNCAN, Shield No. 2483,
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
EMPLOYEES "JOHN DOE" # 1-50, Individually

25
(Continued)

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1

MAURIELLO

2

A.

Yes,

3

Q.

You understand that

4

that

5

was

6

performing;

you hear

there was

a

time

performing well
is

7

A.

Q.

I

the

tape.

to mean

that Schoolcraft

and now he

is

not

that right?

Yes.

8

that on

9

10

want to

show you what's been

marked as

the next exhibit.

series

roll

of

11

MR.

12

is

13

through

14

call

It's

a

transcripts.

SMITH:

For

the

record this

10350.

Bates NYC 10357

15

359

[The document was
as

17

identification,

18

Q.

transcripts

20

think mostly of roll

21

mentioned some of

22

transcripts

23

Floyd case or during

of various

2008,

212-267-6868

not

10365,

and

this
these

for
date.]
are

recordings.

call.

I

I

believe you

these before as being

that you heard playing at the

The first
31,

of

Inspector,

19

24

as

it's

hereby marked

Plaintiff's Exhibit 50

So,

--

and then 10366,

16

25

through

the

Floyd case.

one is

dated October

and there is a'reference
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MAURIELLO

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attributable

3

groups

4

them cuffed,

5

and that you have overtime;

6

want them herded in here

7

Eve.

to be brought in
this

And that's

that you want

is at the

top of page,
and,

quote,

on

I

like New Year's

on line 18 and 19.

Do you see that reference,

8

9

to you to how you except any

sir,

the first page?

10

A.

Yes,

11

Q.

Is

I

do.

that a
roll

statement that you

12

made during a

call about wanting

13

individuals brought in like New Year's

14

Eve?

15

A.

Yes,

16

Q.

What did you mean when you were

17

saying

18

explain that to me?

did.

"like New Year's Eve,"

A.

19

I

Certain days

20

very radio backlogged.

21

say,

22

Year's

23

can you

of the year are

talking.

Halloween,
I

Fourth of July,
have

to

there

parade going on in Manhattan.

212-267-6868

New

slow down when I'm

What happened is

24

25

Eve.

A good thing to

is

a

A lot of

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MAURIELLO

2

times

they can't go up to

3

warrant checks

4

the radio

so

5

people in

to do

so i t ' s hard to do i t over

they have to bring the

violent night as

8

9

the

the warrant checks.

New Year's Eve again is a

6

7

the do

whole

is Halloween.

got to go into

I

very

this,

the

thing.

10

We got a

lot of intelligence

11

talking about Halloween.

12

intelligence from the gang division came

13

down and talked to

14

initiations

15

Here I

got

the officers about

they're hearing.

Most of these officers probably

16

I

would say probably all have experience

17

on Halloween at the 81st Precinct.
Gang initiation going to cut

18
19

people in

20

and Crips.

21

the face

to get into

the Bloods

You're hearing about knock out
Back

then i t was

22

punch.

23

the knock out punch.

24

walking up

25

in the face.

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to

a

group doing

Now i t ' s

one person

somebody and punching them
Back then i t was groups

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jumping one person,

3

over to

4

beat them up,

gang heard.

the next victim.

5

and go

That's what

With that community board

6

president called me up,

7

counsel president called me up.

8

were all worried.

9

worried,

getting feedback

11

They

The politicians,

Halloween,

10

community,

how where

all

they were

community.
It's

12

from the people in the

a

very violent night.

13

They were worried about the safe

14

it's a

15

zones

16

making sure they're all

17

and from.

18

coming home from work

the subway.

19

Transit beefs

Housing beefs

20

up.

weekday,

kids coming home

to you have

This

school

to put cops out there
right coming to

Cops out there for people

i t up.

is all

meant herd i t ,

I

group i f there is

if

22

a

23

situation or summonsable situation,

24

can't go up citywide go over the

25

bring them in the house and do

212-267-6868

it

related.

When

21

if

I

have

an arrestable
you

radio,

the

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investigation in

3

for

4

If

5

for

6

they are

7

back out on

in

warrants

the house
there

they don't have
someone

Q.

8

they
the

Is

ID,

say

run

they have

you have

come in

to

who

if

and

the

are

ID.

to wait

house

they

them

to

say

and go

street.

the

reason why you

the warrants more quickly

in

10

course

a

11

can't do

busy night?

9

is

because

this

is

the ordinary
particularly

12

A.

Two prong,

busy night and

13

frequency

they go up

to

14

the

15

detail

16

July

17

frequency

Halloween parade,

in Manhattan,

in Manhattan.

radio

is being used for

New Year's
and

They

the

Eve

Fourth of

take

the

over.
At

18

the

one

19

the

20

a

21

And they will

t e l l you

22

they

it.

23

with written

24

them in

25

212-267-6868

say,

can go up

check.

can't do

the

911

central,
What is

I

your

1018

or

want

to

i t there.

warrant

and

time you

to do

location?
1019.

Now

They were backlogged
radio

house on

runs

the

so

they bring

computer and do

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A.

No.

3

Q.

Are you familiar with

4

the

term

"blue wall of silence"?

5

A.

Yes.

6

Q.

What is

it?

7

MR.

8

You may answer.
A.

9

I

KRETZ:

guess

10

paper

that cops

11

which

is

a

Q.

12

a

Objection.

book or was

in

the

don't rat on other cops

lie.
What is

the

term blue wall

13

silence or code of

silence,

14

a

want to know what your

15

understanding is;

whether or not you

16

think

or accurate

17

representation?

reference

it's

A.

18

to?

a

I

fair

I

what is

of
that

don't believe in the blue

19

wall

20

something wrong,

21

it.

22
23
24
25

of silence.

Q.

What is

If

someone does

you report i t ,

the blue wall

that's

of

silence?

A.

Just what i t says,

that

officers won't rat out another officer or

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MAURIELLO

2

won't retaliate against another officer;

3

just protect the other officer which I

4

don't agree with.

5

Q.

Do you agree

6

attitude within

7

service

8

there is

some members

an

other officers?

that officers

of the

shouldn't rat out

9

A.

I

10

Q.

You don't know?

11

A.

You are asking me

12

there is

13

matter what happened,

14

to rat out another officer,

15

to

Q.

population on this

think

believe that.

16

a

don't know.

I

they are not going
I

don't

think you are characterizing

17

my question in a

18

unfairly

way that suggests i t

so I ' l l rephrase
Do you believe

19

job that no

in

the

the question.
there are

20

pressures

21

institutionally part of the

22

inhibit officers from reporting

23

misconduct that they otherwise might be

24

required to

212-267-6868

job that

report?

MS.

25

job that are systemic or

PUBLICKER METTHAM:

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MAURIELLO

Objection.

3

MR.

KRETZ:

4

You may answer.

Objection.

5

A.

No.

6

Q.

I'm going to

7

being marked as
MR.

8
9

10

the

show you what's

next exhibit,

SMITH:

This was

previously marked as
a

Let's mark

22.

22,

this

as

[The document was

11

12

as

13

identification,

I

14

This
47.

a

don't have
as

well.

hereby marked
for

this

date.]

two-page document NYC

15

2846

16

Brown

to

17

11th,

2009.

18

Q.

Have you ever seen

19

to

is

of

actually

57

Plaintiff's Exhibit 57
as

57.

It's

a

letter from

Steven Mauriello,

James

dated March

this

document before?

20

A.

Yes.

21

Q.

When did you

22

first

see i t for

the

time?

23

A.

I

24

Q.

Of

2009?

25

A.

Of

2009.

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guess

sometime in March.

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MAURIELLO

2

Q.

What happened next?

3

A.

We were outside Chief Marino

4

comes

5

update.

6

husband and wife were

7

They gave

8

Lauterborn

9

on.

10

up,

huddles
At

a

the

everybody up,

time

key

I

the

to

talking.
Captain

and discussing what was

They were pretty adamant

Officer

Schoolcraft was

an

landlord the

there

think

gets

going

that

home.

11

Q.

Who was

12

A.

The

13

Q.

Did you have any discussions

14

with either

adamant?

landlord.

the

landlord or

the

landlady?

15

A.

No.

16

Q.

Were you present when anybody

17

else had any discussions

18

landlord or

A.

19

the

they gave

20

Captain Lauterborn,

21

Chief Marino was

22

was

the

Q.

23

highest

Lauterborn was

25

from

212-267-6868

they

handling

the

key

to

stepped back.
the

scene.

He

ranking.

Were you present when

24

the

the

landlady?

After

with either

discussing getting

the

key

landlord?
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S.

MAURIELLO

2

Q.

When you went into

3

apartment,

4

bed and he hadn't hurt himself,

you

MS.

5

saw he was

the

laying on his
right?

PUBLICKER METTHAM:

6

Objection.

7

A.

8
9

We

s t i l l have

to do an

investigation why he left,

Q.

Going

to

that,

10

can you point me

to

11

or anybody else

12

direct him to go back

13

conduct some

in

yes.

what authority

that authorizes
the apartment
to

you

to

the precinct to

sort of investigation?

14

A.

That's what was

15

Marino

said we were going

16

investigation and bring him back

17

precinct so . . . .

18

19
20

Q.

So Chief Marino

said.
to

Chief

conduct an
to

told you

the

that's

what you guys were going to do?
A.

That's

what he

If he's

not

said when
safe,

21

huddled up.

22

i f he

23

because he wanted to

24

going to bring him back for

25

they

God forbid

investigation.

212-267-6868

is

not hurt,

if he

is

not coming

leave work,

we were

an

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2

Q.

3

course

4

A.

I

5

Q.

What is

6

patrol

7

procedure,

8

commanding officers

9

house and take

10

that

of conduct?
don't know the authority.
the authority,

guide procedure,

A.

administrative

something else

that authorizes

to go

them back

the

into
for

somebody's

an

their precinct?

We went there because we

thought he hurt himself.

Q.

13
14

the authority for

investigation into

11

12

What is

You're not answering my

question,

15

Inspector.
I

want know what authority you

16

believed exists which authorized you,

17

Marino,

18

Schoolcraft's

19

return

20

investigation?

A.

21

or anybody else

to

the precinct for

Officially,
He's

he's

23

He's

24

left without permission.

25

MOS.

not off duty.

is

into

an

an

s t i l l on duty.

s t i l l an on-duty MOS.

He left work.

There

go

apartment and order him to

22

212-267-6868

to

He's

on duty.
He's

He

an on-duty

investigation

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to be

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S.

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2

MAURIELLO

done.

3

Q.

Right.

4

A.

It's

5

and never

6

off duty and never

7

left.

8

walked out.

10

showed up

He was

Q.

9

not like he stayed home
to work and he was
came to work.

suppose

to be on duty,

Do you have a

somebody for

just

right to arrest

going off duty?

MR.

11

He

KRETZ:

Objection.

12

A.

13

you're

14

no arrest there.

15

at his

16

there because we

thought he hurt himself.

17

You know

I

know that.

You heard

18

his

tapes how he

set i t up.

All

19

You want

20

that,

21

truth.

22

Q.

23

Inspector,

I

24

answers

some of my questions.

First of all,

212-267-6868

don't know what

saying about arresting.

apartment.

that,

to

it's

Third of all,

There was
i t was
we went

right.

come over here and slant to
the farthest

I

to

Second of all,

thing from

the

don't want to argue with you,
would like

The question

25

I

to get some

I

had on

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S.

1

2

that

3

identify any authority in

4

guide,

5

else

6

Marino

or anybody else at

7

remove

or order Officer Schoolcraft to

8

return

to

9

A.

10

I

don't

MAURIELLO

think you answered:

the patrol

administrative guide,

that authorizes you

Can you

to

or any place
or Chief

the

scene

to

the precinct against his will?
He

is

s t i l l an

on-duty member

of service.

11

Q.

I'm sorry?

12

A.

He's

an on-duty member of

He's

s t i l l on duty.

13

14

service.

Q.

That's your answer

15

A.

the

question?

16

to

We went there

17

he hurt himself.

18

know off

19

procedure.

20

'cause we

thought

thought he hurt himself.

the

That's

it.

I

don't

top of my head what rule or
We went there because we

21

Q.

22

question?

23

A.

Yes.

24

Q.

During the huddle before the

25

entry,

212-267-6868

Is

am

I

that your answer

correct there was

to my

a

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MAURIELLO

2

discussion

about what you are going

3

as

i f Officer Schoolcraft was

4

inside

5

physically seeming fine,

a

group
the

to do

apartment and he was
right?

6

A.

Yes.

7

Q.

Who

8

A.

Chief Marino.

9

Q.

What did Chief Marino

10

A.

We were here

said what about

that?

to make

say?
sure

11

didn't hurt himself,

12

himself.

13

realize he didn't hurt himself,

14

playing a

15

to go back

16

investigation with GOs.

If we

game,
to

go

he

in

God forbid

he

there

he hurt

and we

left work,

he was

then he has

the precinct and conduct an

17

Q.

What did you mean by GOs?

18

A.

Getting interviewed on

19

under

oath.

20

lawyer

21

They interview you:

22

Why

to

this?

Q.

23

They get

come

It's
Is

and s i t there with you.

an

Why did you

i t your understanding

25

to

212-267-6868

leave?

investigation.

the police department has
an

tape

the department

24

compel

the

officer

to go

the

that

authority

forward with

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1

2

that

type

3

against

of

MAURIELLO

investigation on

the

spot

that person's will?
MS.

4

5

Objection.

6

A.

PUBLICKER METTHAM:

I

wasn't in

the apartment.

7

don't know happened afterward.

8

telling you we went there

9

was

all

I'm

to make

sure he

right.

Q.

10

I

Had you ever before directed an

11

officer

to

return

12

command for

to

the precinct or

the

an investigation?

13

A.

Yes.

14

Q.

How many times

15

A.

Numerous

16

incidents,

17

did that happen?

times:

wife

said

something MOS did,

the husband.

You

18

bring both parties

in and you

19

especially,

20

related to

21

Q.

22

an allegation

Off-duty

when

there

is

a

a

find out,

weapon

it.
On any of

any of members

23

A.
Q.

Am I

of service

occasions,
refuse

did

to go?

No.

24

those

25

time

212-267-6868

correct this

that an officer was

is

the

first

ordered to go

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Paqe 381
S.

1

MAURIELLO

2

told Lieutenant Brosschart to qo with him

3

in the ambulance.

Q.

4

5

Did Officer Schoolcraft say

anythinq that you heard?

6

A.

No.

7

Q.

Did anybody say anythinq

9

A.

Not that I

10

Q.

What happened next?

11

A.

Everybody came out.

8

to

him?

12

the car,

13

start the

14

Q.

went back

to

know of.

We qot in

the precinct to

investiqation.
Am I

correct that i t was back

15

at the precinct,

16

investiqations,

17

i t was Brooklyn North

that correct?

those

three officers;

18

A.

Yes.

19

Q.

And Chief Marino?

20

A.

Yes.

21

Q.

And Captain

22

A.

No.

23

Q.

Captain Lauterborn was

24

A.

Yes.

25

Q.

Is

is

212-267-6868

[sic]

Brosschart?

Captain Lauterborn.
there?

that correct?
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S.

MAURIELLO

2

A.

Yes.

3

Q.

And who else?

4

A.

Myself.

5

Q.

And was Crawford also at the GO

6

or the

7

A.

No.

8

Q.

Who else was at the

9

PG afterwards?

investigation at the precinct?

10

A.

I

think they interviewed two

11

people:

12

Rodriguez

13

Q.

Was

14

A.

Not that I

15

Q.

I t was at that meeting there

a

Sergeant Hoffman or Officer
or Reyes.
anybody else interviewed?
know of.

16

was

discussion about the fact

17

Officer Schoolcraft had a

18

is

tape

that
recorder;

that correct?

19

A.

Yes.

20

Q.

Who mentioned that?

21

A.

Brooklyn investigations might

22
23

have mentioned i t .

Q.

That was

the first

time

24

you heard anybody discuss

the fact

25

Officer Schoolcraft had a

tape

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that
that

recorder?

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1

2

A.

Yes.

3

Q.

How

MAURIELLO

4

long did

this

last?

5

A.

6

They have

7

representation and lawyers

8

Once

the

Q.

9

10

PG or GO

I

don't

recall,

to wait for

not

too

union
to

show up.

interviews were over,
And

long.

these are

I

lawyers

left.
for

the

people being interviewed?

11

A.

Yes.

12

Q.

Did you have any discussions

13

either during

14

Lieutenant Caughey?

15

A.

I

that day or

that

night with

believe Lieutenant Caughey

16

calls me up on Sunday afternoon when

17

was

I

off.

18

Q.

The

19

A.

Afternoon.

20

Q.

The

21

A.

Or

22

Q.

But

23

next morning?

next afternoon?
night,

yeah.

that day you did

not speak

to him?

24

A.

No.

25

Q.

Did you

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speak

to anybody at IAB

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that day,

MAURIELLO

October 31,

2009.

3

A.

No.

4

Q.

You didn't speak

5

A.

No.

6

Q.

Did you ask anybody

7

Astor

8

speak

to

Astor.

10

to

on your behalf?

A.

9

to Astor?

Q.

11
12

No.

I

have no

relation with

What did you discuss

with

Caughey Sunday afternoon?

A.

He

called up.

13

what happened.

14

Schoolcraft left work.

15

well.

16

He went back

17

He was

18

investigations,

19
20

Q.

That's what you

21

A.

Yeah.

22

Q.

What did Caughey

23

A.

He

"Officer
He didn't feel

just left without permission.
to

his

house.

He was AWOL.

physically restrained by
and he went to

him and

25

and handed i t back

took his memo book,
to

the

told Caughey?

tell you?

said that day he

24

212-267-6868

said,

said he heard

hospital."

He

I

He

scratched

scratched him

him later on.

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2
3

4

Q.

MAURIELLO

Did Caughey say anything else

to you?

A.

Be said -- with that he

said,

5

"I wondered because I

6

that have an effect why he left the

7

precinct?"

8

I

9

said he was

10

Q.

said,

"No,

sick."

scratched him.

Did

he left because he

That was

it.

What did you understand Caughey

11

to be saying when he said did the

12

scratching have an effect on why Officer

13

Schoolcraft left the precinct?

14

A.

I

don't understand.

15

"Be went sick.

16

And that was

17

Q.

It was a

it.

I

said,

bizarre night."

Be hung up.

Did Caughey tell you

that he

18

thought that maybe he intimidated

19

Schoolcraft?

20

A.

No,

21

Q.

Did he suggest that to you?
MS.

22

he did not say that.

PUBLICKER METTBAM:

23

Objection.

24

A.

No.

25

Q.

Did Caughey tell you

that he

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MAURIELLO

threatened Schoolcraft?

3

A.

No,

4

Q.

Did Cauqhey tell you

5

made

8
9

me

that he

copy of Schoolcraft's memo book?

A.

6

7

a

he did not.

Not that niqht.

Be didn't tell

that niqht.
Did he tell you

Q.

he made

a

that niqht that

photocopy of Officer

10

Schoolcraft's memo book and put i t your

11

desk drawer?

12

A.

13

into work

14

Q.

15

Not that niqht.

When

I

came

that Monday.
Bow did you communicate with

Cauqhey on Sunday afternoon?

16

A.

Be called me.

17

Q.

On your cell phone?

18

A.

I

19

Q.

Job cell phone?

20

A.

I

21

Q.

What is

22

believe

believe.

associated with

23

A.

24

or his

25

Q.

212-267-6868

I

job phone.

the phone number

that phone number?

don't know.

home number.

I

His

cell number

don't even know.

But you qot i t on your
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MAURIELLO

department-issued BlackBerry,

A.

3

Should be.
MR.

4

right?

SMITH:

I

going to call for

5

the production of the records

6

pertaining to calls,

7

received or sent from Inspector

8

Mauriello's

9

for

November 2,

11

4,

emails,

cell phone or BlackBerry

the days October 31,

10

12

texts,

November 3,

November 1,
and November

2009.
MR.

KRETZ:

Usual

instructions,

13

put i t in written,

14

take i t under advisement.

15

Q.

So

am I

please;

and we will

correct as of

the

time

16

that you went into Officer Schoolcraft's

17

apartment on October 31,

18

that Officer Schoolcraft had made any

19

reports

20

IAB?

you were unaware

of misconduct at the eight one to

21

A.

That's correct.

22

Q.

In your statements

23

Exhibit 47,

IAB,

at page 4938

24

MS.

25

we going into a

212-267-6868

to

PUBLICKER METTBAM:

Again,

confidential portion

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2

in

the

4

transcript.
MR.

3

MAURIELLO

SMITH:

Let's

label

that

part confidential.

5

MR.

KOSTER:

6

MR.

What time is

KRETZ:

We are at seven

7

hours.

We can finish

8

questions,

9

observation if less

but I

it?

was

this

line of

just making the
time was

10

the color of people's

11

shirts

12

substance.

13

utmost not to

intrude on your

14

examination.

And so

15

plus

16

spent on

of questions.

and more on matters

a

I

SMITH:

seven hours

to finish

this

I'm not sure

seven hours.

I

line

agree

with

19

don't agree with the characterization

20

with less

21

other matters,

22

more

time debating that,

23

this

line of questioning,

24

discuss

25

can

time or more

I

i t is

18

212-267-6868

the

of

have done my absolute

few minutes

MR.

17

jackets and

certainly

time spent on

but rather

than wasting
I

will

finish

and we will

how we want to proceed if we

reach an understanding.
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[Whereupon,

2

the following

3

deemed confidential:]

4

Q.

is

I

direct your attention to page

5

4938 of your

6

line

9

MS.

11

12
13

PUBLICKER METTBAM:

This

portion should be confidential.
MR.

9

10

On

--

7

8

PG i t ' s also page 51.

Q.

SMITH:

On line 9,

Yes.
aren't you

saying

here that Caughey called you that night?

A.

I

got confused.

I t was

the

next night.

14

Q.

15

incorrect,

16

So what you

told IAB

is

correct?

but what you told me is

17

A.

Yes,

18

Q.

Bow do you know that?

19

A.

They know i t .

20

IAB knows

that.

They interviewed

other people probably too.

21

Q.

Did you correct that

22

A.

I t happen the next day.

23

called me.

24

Q.

25

question.

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statement?
Be

You're not answering my
Did you correct the

statement?

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A.

correct the

didn't get a

chance to

statement.

[Whereupon,

4
5

I

MAURIELLO

the following

is

deemed not confidential:]

6
7

8
9

10
11

12
13
14
15

16
17
18

19
20
21

22
23

24
25

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CONTINUED- STEVEN MAURIELLO
feeling upset stomach or what.
Q.

3

4

Are you familiar

the building

120 Chauncey Street?

5

A.

Yes,

6

Q.

Is

7

A.

Yes.

8

Q.

While you were at the command at

9

the 81,

10

I

am.

that a

dangerous building?

there had been shots fired at that

building,

right?

11

A.

12

people shot,

13

shot at.

Been shots fired,
people scared.

14

Q.

When when was

15

A.

I t was

16

the date,

numerous
There was a

a

cop

cop shot at?

in the summer.

I

forget

but --

17

Q.

Summer of what?

18

A.

'08 or

19

Q.

Who was

20

A.

Officer Freanelli.

21

Q.

What's an I09?

22

A.

Interim order nine,

24

Q.

What's is i t referring to?

25

A.

Something with the

23

'09.

I

don't recall.

the cop?

I

think i t

is.

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