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).

Paqe 1
1

UNITED STATES DISTRICT COURT

2

SOUTHERN DISTRICT OF NEW YORK

3 -----------------------------X
ADRIAN SCHOOLCRAFT,
4

Plaintiff,

5

Index No.

6

10 Civ 6005

vs.

(RWS)

7

8

CITY OF NEW YORK,

9

et al.,

Defendants.

-----------------------------X
10
VOLUME II

11
12
13

CONTINUED DEPOSITION OF TIMOTHY CAUGHEY

14

New York,

15

Monday,

New York

December 9,

2013

16
17
18

19
20
21
22
23

Reported by:

24

Diane Buchanan

25

JOB NO.

212-267-6868

1779274
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Schoolcraft was put on restricted duty?

MR.

3

A.

4

5

Caughey

I

SHAFFER:

Objection.

believe i t was

the day that he

was put on restricted duty.

6

Q.

How did you find out about that?

7

A.

I

believe health services called

8

the precinct and I

9

that day.

spoke to health services

Did they call me,

I

don't know.

10

Q.

What did they tell you?

11

A.

That he was placed on restricted

13

Q.

Did they tell you anything else?

14

A.

I

12

15
16

17

duty.

don't recall

it.

I

don't recall

the conversation.

Q.

Do you recall who you spoke to at

health services?

18

A.

I

19

Q.

Did you ever speak with Lieutenant

20

don't.

Lee about Schoolcraft?

21

A.

Lieutenant Lee,

22

Q.

How many times did you speak with

23

yes.

Lieutenant Lee?

24

A.

I

25

Q.

Who is Lieutenant Lee?

212-267-6868

don't know how many times.

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2
3

A.

I

Caughey

believe he was from early

intervention.

4

Q.

What is that?

5

A.

It's a

unit that i t ' s

supposed to

6

help the police officers that are having

7

personal problems or problems with their

8

department.

9

Q.

MR.

10
11

What kind of problems?

A.

I

SHAFFER:

Objection.

could almost say any problems

12

that early intervention feels

13

of assistance with.

14
15

Q.

Will

they could be

they help with psychological

problems?

16

A.

I

17

Q.

Would they help with emotional

18

don't know.

problems?
MR.

19

SHAFFER:

Objection.

20

A.

I

21

Q.

Where is early intervention?

22

A.

I

23

Q.

What did you discuss with Lee about

24

Schoolcraft?

25

A.

212-267-6868

I

don't know.

believe i t ' s at One Police Plaza.

don't recall the conversation
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with Lieutenant Lee.

Q.

3

4

Caughey

Do you recall anything about your

conversation with Lee?
A.

5

If I

did recall,

Lieutenant Lee

6

telling me Officer Schoolcraft has to take

7

the first step and call him.

8

relayed that message to Officer Schoolcraft.
MR.

9

SHAFFER:

10

Q.

Can we open a door or

window possibly.

11

So then I

12

So you called Lee -MR.

SHAFFER:

Objection.

13

Q.

-- is that right?

14

A.

I

15

did,

but I'm not

100 percent accurate on that.

Q.

16
17

believe I

And can you tell me approximately

when you called him?

18

A.

I

19

Q.

Did you call him before or after

can't.

20

Officer Schoolcraft went on restricted

21

status?

22

A.

23

I

so

can't answer that.

Q.

24
25

I'm not sure of the time frame,

Was i t in 2009 that you spoke to

Lee?

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Caughey

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A.

I

3

Q.

Did anybody tell you to call Lee

4
5
6
7

don't know.

about Schoolcraft?
A.

Again,

I

don't know.

I t was a

time ago.
Q.

Do you recall anything else about

8

your discussions with Lee,

9

fact that Lee told you Schoolcraft has

10

long

other than the
to

call him first?

11

A.

That's all I

12

Q.

Did you relay that information to

13

Schoolcraft?

14

A.

Yes.

15

Q.

What did he say?

16
17

18
19

MR.
A.

SHAFFER:

Again,

I

recall.

Objection.

don't recall what Officer

Schoolcraft's response was.
Q.

Do you have any knowledge about

20

whether or not he did contact early

21

intervention or Lieutenant Lee?

22

A.

I

23

Q.

So as far as you were concerned,

24
25

don't know if he did.

the matter dropped right there?
A.

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I

don't know if the matter dropped.
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I

3

Caughey

don't know if he made that phone call or

not.

4

Q.

5

phone call?

6

A.

7

I

10
11

I

don't recall

the conversations.

don't know.

Q.

8

9

Did you suggest to him he make the

be a

Why did you believe that i t would

good idea for Schoolcraft to contact

early intervention?
A.

I

don't know the time frame of when

12

Lieutenant Lee was contacted,

13

what the situation around that was.

14

Q.

So,

so I

sitting here today,

don't know

you have no

15

recollection about why you were contacting

16

early intervention,

17

A.

I

right?

could say that Officer

18

Schoolcraft was having a

19

of problem,

20

Q.

21

What kind

don't know.

So you have no idea what kind of

problem he was having in your mind?
MR.

22
23

I

problem.

A.

I

SHAFFER:

Objection.

don't recall what situation

24

Officer Schoolcraft had at that time that

25

would have me call Lieutenant Lee.

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Q.

2

Caughey

Did you ever have any discussions

3

with Weiss about Schoolcraft going to or

4

contacting early intervention?

A.

5

I

don't recall

the conversations.

6

I

7

when Lieutenant Lee was called.

8

9

can't put my handle on the time frame of

Q.

I'm not talking about when.

you discuss with Weiss

Did

the idea that

10

Schoolcraft should contact early intervention

11

or Lieutenant Lee?

12

A.

I

don't recall because I

don't

13

recall i f Sargent Weiss was my assistant at

14

that time.

15

Q.

I

turn your attention

16

your transcript of your

17

MR.

to page 58 of

SHAFFER:

Once again,

we are

18

discussing a

19

ask this portion of the transcript be

20

made confidential.

21

Q.

22

confidential document so I

Page 58,

that you have page,

23

A.
Q.

There's a

Do

sir?

Yes.

24

Bates stamp 10,284.

25

reference on line 15 to

Weiss being your assistant ICO from January

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of

'08

Caughey

to April of 2009.
Do you see that?

3
4

A.

I

5

Q.

Does that refresh your recollection

6

do.

that's when Weiss was the ICO assistant?

7

A.

A general

8

Q.

All right.

9

12

yes.

So that's accurate,

right --

10
11

time frame,

MR.

Q.

--

SHAFFER:

Objection.

to the best of your

understanding?

13

A.

I'm not saying i t ' s accurate.

14

Q.

What are you saying?

15

A.

I'm saying I

don't recall what the

16

time frame was at that time.

17

about 2009,

18

when Sergeant Weiss was my assistant,

19

just not sure.

20

Q.

which is a

All right.

You are talking

long time ago.

And
I'm

Turn to page 72.

21

There's a

22

thoughts of early intervention for

23

Schoolcraft.
Do you see that,

24
25

question starting on line 11 about

A.

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I

sir,

on line 11?

do.
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Caughey

All right.

And early intervention,

3

that was

something that was offered to

4

Schoolcraft at the evaluation meetings you

5

attended;

is

that right?

6

A.

I

7

Q.

Look at your testimony in PG and

8

don't recall

that.

tell me if that refreshes your recollection.

9

A.

It does

10

Q.

Have you read the whole discussion

11

not.

on this page and the following page?

12

A.

I

have not.

13

Q.

Please do

so find out whether or

14

not that refreshes your recollection about

15

discussions about.

16

A.

Page 72 and 73?

17

Q.

Yes.

18

72

It goes

from line 11 on page

through the middle of the next page.

19

Please read that and tell me

20

whether or not that refreshes your

21

recollection of any discussions

22

about early intervention with respect to

23

Schoolcraft.

24

A.

25

Does

that you had

refresh my memory on one

aspect of this.

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3

Caughey

Okay.

What does

refresh your

memory about -A.

4

The time frame again I'm not sure

5

of.

6

career he wanted to resign.

7

don't know.

8

lieutenant at that time so we can say 2004,

9

2005,

10

One point in Officer Schoolcraft's

I

think I

maybe 2006.

I

was

When that was,

I

the administrative

believe i t was within

that time frame.
He was having trouble

11

I

believe at

12

the time with his father.

13

or caregiver and his father was

sick.

14

was

He was going

15

through problems at home related to that.

16

think he wanted to retire and we might have

17

called Lieutenant Lee at that time.

18

He was a

something there like that.

Q.

Well,

caretaker
There

I

this part of your PG talks

19

about discussing early intervention with

20

Schoolcraft at the meeting with all of the

21

supervisors

in early 2009.

22

What I

23

not reading this

24

recollection about discussions about early

25

intervention then.

212-267-6868

want to know is whether or
testimony refreshes your

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A.

It does not.

3

Q.

Do you have any reason to believe

4

that the testimony or the statements that you

5

made as reflected on page 72,

6

through page 73,

A.

7

line 10 are incorrect?

There's -- i t appears

8

two time frames

9

the meeting,

here.

what was said at the meeting.

11

19,

12

There's a

13

is when he wanted to resign,

15

somebody called early intervention.

in

believe that
'04,

or

'05

he was

looking to resign then.

Q.

17

page 72,

18

you,

sir,

Well,

all right.

If you look at

line 11 there's a question put to
and i t says:
"Was

19

there any thought to early

intervention?
ANSWER:

21
22

I

whole program here.

He came back to the department,

06 •

16

20

I

And if you look at line

just don't recall.

I

to me there's

I'm unfamiliar with

10

14

lines 11

It was offered to him.

At

the meeting i t was offered to him."
Do you see that?

23

24

A.

I

25

Q.

And then i t goes on:

212-267-6868

do see that.
"The

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evaluation meeting period,

the evaluation

3

meeting actually I

4

believe i t was Lieutenant Lee from early

5

intervention because he dealt with him too

6

this

called up and I

spoke to

I

two years before."

7

Do you see that reference?

8

A.

I

9

Q.

So am I

do.
correct that the subject of

10

early intervention came up at the meeting you

11

attended with the other senior officers at

12

the 81st about Schoolcraft's performance

13

evaluation?

14

A.

I

15

Q.

Do you have any reason to believe

don't recall.

16

that the statements that you made from page

17

72,

line 11 to 17 are false or incorrect?
A.

18

They appear to be scrambled.

We

19

are going from the meeting of his evaluation

20

to a

couple of years earlier.

21

MR.

SHAFFER:

22

that page,

23

I

don't know.

The words written on

they are incorrect?
THE WITNESS:

24

25

do you have reason to believe

confusing,

212-267-6868

I

would say

they are confusing.

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2

Q.

And why are they confusing to you?

3

A.

Because in my memory,

which again

4

is from many years ago bouncing back from the

5

time he wanted to resign to that meeting day,

6

looks like I'm talking about both of them in

7

the same paragraph.

Q.

8
9

a

Turn to the next page,

question,

Did he go down?

73.

There's

And answer:

10

did go down.

And what time frame was

11

is the question after that and then your

12

answer is,

"He

"After the evaluation meeting."
Is

13

A.

14

that,"

I

that accurate?
don't know if that's accurate.

15

can't grasp the time frame.

16

grasping the time frame because i t ' s so long

17

ago.

18

statement,

19

Again,

I

I'm not

Whether or not that's an accurate

Q.

I

don't know.

Putting aside the aircraft,

is i t

20

accurate that Schoolcraft went to early

21

intervention after the meeting?

22

23
24

25

A.

I

don't know when he went to early

intervention.

Q.

When was the first

time you met

Officer Schoolcraft?

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2

Caughey

Turn to page 14. of your PG.

3

MR.

SHAFFER:

4

MR.

SMITH:

40 or 14?
14.

I t ' s actually

10,240 or page 14.

5

MR.

6

SHAFFER:

We are referring to a

7

confidential document.

8

confidential portions of the transcript

9

be marked as such.

10

Q.

11

read before.

12

A.

I

13

Q.

Was

I

ask that

If you need to read before,

you can

Did you look at that?
have.
there a

reference

to Mauriello

14

observing Schoolcraft sitting in a

15

for

16

Schoolcraft a

restaurant

three hours and you issuing to

17

command discipline for

that?

Do you have any recollection of

18

that at all?

19

A.

Yes.

20

Q.

What do you recall?

21

A.

Inspector Mauriello went to the

22

borough,

23

Upon him returning to the command,

24

that he observed Officer Schoolcraft at the

25

borough three -- two or three hours,

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which is our next highest command.

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he told me

four

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2

hours,

3

meeting had ended with the personnel sergeant

4

at the borough.

5

command discipline to Officer Schoolcraft to

6

be an off post.

Q.

7

I

Caughey

don't recall what i t is,

after a

Be then told me to issue a

So Mauriello told you about

8

something that he observed,

9

are saying?

10

A.

Yes.

11

Q.

And this was in 2009,

13

A.

I

14

Q.

Be told you that he saw Schoolcraft

15

sitting at a

16

Schoolcraft had had a meeting at the borough?

12

19
20

that what you

sometime in

2009?
don't know when i t was.

MR.

17

18

is

Q.

Is

diner or restaurant after

SHAFFER:

Objection.

that what you are saying

Mauriello told you?

A.

No.

I'm saying he observed Officer

21

Schoolcraft in the area of the borough about

22

three hours after the meeting had ended.

23

think he was

24

or to the side of the borough.

25

Q.

I

standing in front of the borough

When you say "the area of the
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borough,"

3

A.

4

Q.

what do you mean?

Avenue.

5

Caughey

6

borough,

179,

I

think i t was 179 Wilson

And that's

the officers for patrol

Brooklyn North?

7

A.

Yes.

8

Q.

So Mauriello is

9

10

telling you he saw

Schoolcraft at the borough meeting with a
sergeant

11

MR.

SHAFFER:

12

MR.

KRETZ:

Objection.
Objection.

13

Q.

--

14

A.

No.

15

Q.

Tell me how I'm wrong.

is

that correct?

Can you

16

tell me what i t is that Mauriello told you

17

again?
MR.

18

21
22
23

Objection.

A.

Inspector Mauriello told me he

Q.

19
20

SHAFFER:

Inspector Mauriello was at the

was

borough?
A.

While he was there,

he observed

24

Officer Schoolcraft at the borough.

25

the right of the borough,

212-267-6868

Be i t to

in front of the

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borough,

3

area.

4

was

5

with Schoolcraft and the personnel sergeant,

6

three hours after that meeting.

7

8

saying at the borough is

It was

the general

three hours -- he told me i t

three hours after the meeting had ended

Q.

Let me interrupt you so

understand.

Was Mauriello at that meeting?

MR.

9

I

SHAFFER:

Objection.

10

A.

I

11

Q.

Did you understand Mauriello to be

don't know.

12

saying he saw Schoolcraft at a meeting at the

13

borough and then he saw Schoolcraft hanging

14

around after the meeting?

15

A.

I'm not saying that.

Officer

16

Schoolcraft had an assigned meeting time at

17

the borough with the personnel sergeant.

18

What time i t was,

19

after that meeting had ended,

20

Schoolcraft was

21

borough.

22

Q.

I

don't know.

Three hours

Officer

observed in front of the

What is your understanding how

23

Mauriello knew Schoolcraft had a meeting at

24

the borough?

MR.

25

212-267-6868

SHAFFER:

Objection.

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2

Caughey

I t would have come through the

3

borough --

4

logical answer would be i t came from the

5

borough to roll down where Officer

6

Schoolcraft would have a

7

borough.

Q.

8

9
10

don't have an answer.

The most

post change to the

So Mauriello told you to issue a

command discipline to Schoolcraft;

is that

right?
MR.

11

12
13

I

A.

SHAFFER:

Objection.

Be told me to issue a

command

discipline.

14

Q.

And you did that?

15

A.

Yes.

16

Q.

Do you know where the paperwork on

17

that is?

18

A.

I

19

Q.

Did you ever generate any paperwork

20

to issue a

21

for

this

don't.

command discipline to Schoolcraft

three-hour off-post infraction?

22

A.

I

believe I

23

Q.

And that CD would be in your file

24

that you maintained,

25

in your office,

212-267-6868

did.

the command discipline,

right?

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2

A.

I

don't know where that CD is.

3

Q.

I

understand that,

4

is:

5

locate that CD in the file

6

at your office,

but my question

The normal practice would be you can
that you maintain

right?

7

A.

Yes.

8

Q.

And that CD also should be

9
10
11

reflected in the log at the sergeant's desk
at the 81st too;

A.

12

isn't that right?

Yes.
MR.

SMITH:

I

will call for

13

production of that command discipline as

14

well as

15

sergeant's desk.

16

MR.

17

Q.

SHAFFER:

i t at the

Please put i t in

writing.

18

the log entry for

Isn't i t unusual for

somebody to

19

tell another officer to issue a

20

discipline for an infraction that the issuing

21

officer didn't observe?

22

MR.

SHAFFER:

23

A.
Q.

That happens a

Objection.

No.

24

command

MR.

25

212-267-6868

SHAFFER:

lot?
Objection.

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A.

Not a

3

Q.

Doesn't i t strike you as improper

lot.

I t happens

though,

yes.

4

that one person would be telling another

5

person to issue a

6

an officer and not be signing the statement

7

as

to what they saw?
MR.

8

A.

9

10

disciplinary charge against

SHAFFER:

No,

that's a

subordinate to issue a

Q.

11

Objection.
supervisor telling a
command discipline.

What is wrong or,

12

this,

13

let me ask you

what Patrol Guide violation did

Schoolcraft engage in?

14
15

MR.

A.

I

SHAFFER:

Objection.

don't have the command discipline

16

in front of me,

17

violation was.

18

Q.

Well,

so I

I

don't know what the

mean,

you were the

19

integrity control officer for

20

You have 26 years on the force.

21

tell me you don't know what the violation is

22

if you are off post three hours?

23
24
25

MR.
A.

I

SHAFFER:

three years.
You mean to

Objection.

can make an assumption what the

charge against Officer Schoolcraft was that

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break.

2

(Recess

3

taken from 5:01 p.m.

to

5:14p.m.)

4

MR.

5

SMITH:

6

the record.

7

Q.

Mr.

We are going back on

It is 5:14.

Caughey,

I

put in front of you

8

what has been marked as Exhibit 44.

9

are entries from Officer Schoolcraft's memo
one of his memo books

These

10

book,

that were

11

produced to me by the law department in this

12

action.
Do you recognize some of the pages

13

14

here as being excepts from Officer

15

Schoolcraft's memo book?

16

A.

I

would say the first page

17

identifies

18

book with his

19

Q.

i t as Officer Schoolcraft's memo
name on i t .

On the

third page there's a

20

reference to a

February 25,

21

you see that reference?

22

A.

Wednesday,

23

Q.

Does

24
25

about the
A.

212-267-6868

2009 meeting.

Do

yes.

that refresh your recollection

timing of this meeting?
I t does not.
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2

Caughey

If you go further on in this

3

exhibit to page 196,

there's an entry with a

4

date March 13,

like I

5

regarding Sergeant Weiss advising Schoolcraft

6

he wasn't on his post.

2009,

said on page 196,

Do you see that reference?

7

8

A.

Yes.

9

Q.

Is

10

testified to

11

when you scratched his book?

that the unusual entry that you
today about that you noticed

12

MR.

SHAFFER:

13

MR.

KRETZ:

Objection.
Objection.

14

A.

15

of this

16

one,

17

back page and i t ' s written on the front of

18

the page.

I

thought i t was

-- of this page.

it's

similar.

20

that answer.

21

believe that was

Q.

22

A.

25

saw

212-267-6868

I'm going to change

I'm going to say no,
the entry I

I

don't

saw that day.

What made you upon reading that

entry believe that this

24

If i t ' s not the

thought i t was on the

You know what,

19

23

I

on the back page

I

is not the entry?

believe i t ' s entry that I

again,

we are talking about a
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2

time ago,

3

was on the back page of the memo book and i t

4

identified a

5

Sergeant Weiss and Officer Schoolcraft at the

6

desk area.

Q.

7

but I

Caughey
believe the entry that I

saw

conversation or an incident with

Can you flip

through the five pages

8

are the back pages which are at the end of

9

this document and tell me whether or not you

10

see that reference there?
While you are flipping

11
12

that,

I

13

Schoolcraft's memo book entries

14

45.

15

through

will mark another set of Officer

through 8655.

This

16

as Exhibit

is Bates stamp number NYC 8614

(Excerpt from Adrian Schoolcraft's

17

memo book bearing production Nos.

18

8614

19

Exhibit 45 for identification,

20

this date.)

21

A.

I

22

Q.

If you turn to page 197,

NYC

through NYC 8655 marked Plaintiff's

don't see i t ,

as of

no.
there's a

23

reference in Officer Schoolcraft's memo book

24

to Sergeant Weiss

25

and berating him and they gave him an

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requesting his activity log

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2

unprofessional conduct in looking at that

3

entry.

4

Does that refresh your recollection

5

that this was

the unusual entry that you

6

noticed in Schoolcraft's memo book?

7

A.

I

8

Q.

What was unusual about this entry

9

12
13

the one,

yes.

in the memo book?

10
11

believe that is

MR.
A.

SHAFFER:

Objection.

That he describes Sergeant Weiss

belittling him.

Q.

Was i t unusual

that Sergeant Weiss

14

was belittling somebody or was i t unusual

15

that Officer Schoolcraft would be making a

16

note of that in his memo book?

17
18

A.

Unusual

that he would make that

entry in his memo book.

19

Q.

Why is

20

A.

Because i t ' s not-- because i t ' s

21
22

I

not usual.

that unusual?

haven't seen that many times in

my career.

23

24
25

Q.

Did you photocopy this entry in

Schoolcraft's memo book?

A.

212-267-6868

I

don't recall if I

did.

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2

3

Caughey

Did you ever photocopy any entries

in Schoolcraft's memo books?
MR.

4

SHAFFER:

Objection.

5

A.

Yes.

6

Q.

When did you do

7

A.

October 31st.

8

Q.

2009?

9

A.

I

10

Q.

Does looking at this entry refresh

that?

believe i t was 2009.

11

your recollection of any discussions

12

had with Weiss

13

book?

14

A.

that you

about the entry in the memo

I'm going say that I

15

talked about i t ,

16

to Sergeant Weiss about this.

17

Q.

but I

assume we

don't recall

speaking

Does looking at that entry refresh

18

your recollection of any discussions with

19

anybody else about the entry?

20

A.

Say that one more time,

21

Q.

I

please.

asked you earlier i f you remember

22

talking with anybody else other than Weiss

23

about the memo book entry that you thought

24

was unusual and you said no,

25

discussing i t with anybody else except for

212-267-6868

I

don't remember

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Weiss.

3

My question is:

4

at the actual entry,

5

recollection on your part that you discussed

6

the memo book entry with anybody else other

7

than Weiss?

8

A.

I

10

that trigger a

believe --

MR.

9

does

Now after looking

SHAFFER:

Objection.

Go ahead.

A.

11

I

believe this was

12

he was off post when I

13

and then we --

14

the night that

to the precinct.

Q.

15
16

brought the memo book back

Why did you take Officer

Schoolcraft's memo book back to the precinct?

17

MR.

A.

18

19

I

saw this at the bodega

I

SHAFFER:

believe I

Objection.
was going to make

copies of i t .

20

Q.

Did you make copies of it?

21

A.

I

22

Q.

Why did you want to make copies of

23

did.

it?
MR.

24

25

don't recall if I

A.

212-267-6868

SHAFFER:

Objection.

It was an unusual entry.
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2

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Caughey

Did you enter this unusual entry in

3

any of your logs for that day or reports for

4

that day?
MR.

5

SHAFFER:

Objection.

6

A.

I

7

Q.

How long did you keep Officer

8

don't recall.

Schoolcraft's memo book?
MR.

9

SHAFFER:

Objection.

10

A.

I

11

Q.

Did you give i t back to him later

12

don't recall.

that day?

13

A.

Again,

14

Q.

Wouldn't Officer Schoolcraft need

15

18
19

don't recall.

his memo book in order to make entries in it?

16
17

I

MR.

A.

SHAFFER:

Objection.

To make entries in his memo book he

would need the memo book,

Q.

yes.

Was i t unusual for a

superior

20

officer to

take a

21

book for a

sustained period of time?
MR.

22

subordinate officer's memo

SHAFFER:

Objection.

23

A.

No.

24

Q.

Do you recall being told by

25

Lauterborn to give Schoolcraft his memo book?

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2

A.

By Captain Lauterborn?

3

Q.

Yes.

4

A.

I

5

me

don't recall

i f Lauterborn

told

to give the captain his book or give i t .

Q.

6

Do you remember having a

7

conversation with Lauterborn about

8

Schoolcraft's memo book?

9

A.

Yes.

10

Q.

What do you recall

11

A.

I

about that?

recall driving back

to

the

12

stationhouse and on

13

Schoolcraft request the duty captain.

14

was

15

Captain Lauterborn?

just about that time

18

I

was

And i t

talking to

Q.

And what do you recall happened

A.

16
17

the radio hearing Officer

Well,

next?
I

believe Captain Lauterborn

19

directed a

sergeant to go pick up Officer

20

Schoolcraft off his post.

21

Q.

Who was

22

A.

I

23

Q.

And did the sergeant bring

24
25

don't recall.

Schoolcraft back

A.

the sergeant?

to

the 81st Precinct?

Schoolcraft did come back to

the

early

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4

precinct,

Q.

Caughey

yes.
And you were at the 81st Precinct

when Schoolcraft was brought back?

5

A.

Yes.

6

Q.

And what happened next?
MR.

7
8

9

10

A.

Objection.

Captain Lauterborn told myself and

Sergeant Weiss

Q.

SHAFFER:

to leave his office.

So the sergeant who was sent to

11

retrieve Schoolcraft,

12

and brought him to Captain Lauterborn's

13

office at the 81st?

14

A.

15

Q.

don't know how Schoolcraft came

back to the

16

retrieved Schoolcraft

I

There came a

time when Schoolcraft

17

was in Lauterborn's office that evening or

18

that day,

correct?

19

A.

Yes.

20

Q.

And that is the same as a

21

commanding officer's office?

22

A.

Yes.

23

Q.

And when Officer Schoolcraft was in

24

that room with Captain Lauterborn,

25

Weiss were also in the room?

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3

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Do you remember what you were

wearing on October 31st?

4

A.

No.

5

Q.

Were you carrying a weapon on

6

October 31st?

7

A.

Yes.

8

Q.

Bow many weapons were you carrying?

9

A.

One weapon.

10

Q.

Bow many weapons were you

11

authorized to carry?
MR.

12

SHAFFER:

13

A.

Two.

14

Q.

What was

Objection.

15

the weapon that you were

carrying and what was
MR.

16
A.

17

the other weapon?

SHAFFER:

The weapon I

Objection.
was carrying was a

18

Smith & Wesson off-duty revolver.

19

weapon I

20

Smith & Wesson M&P 10,

Q.

21

owned was a

The other

four-wrench
I

believe i t is.

Where did you carry the one you had

22

with you on October 31st or how did you carry

23

it?

24

A.

On a

25

Q.

Are you right-handed or

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left-handed?
MR.

3

SHAFFER:

Objection.

4

A.

Right.

5

Q.

And where on your belt did you

6

carry your

Smith & Wesson revolver?

7

A.

On my right side.

8

Q.

And was

10

A.

A holster.

11

Q.

What kind of a

12

A.

A belt holster.

13

Q.

With a

9

14

i t in a

harness

sort?

holster?

clip that attached to

the

belt?

15

MR.

SHAFFER:

Objection.

16

A.

I t was attached to

17

Q.

Do you have

18

of some

the belt,

yes.

that weapon with you

today?

19

MR.

SHAFFER:

Objection.

20

A.

No.

21

Q.

Do you s t i l l have

22

that weapon in

your possession?
MR.

23

SHAFFER:

Objection.

24

A.

No.

25

Q.

Why do you no longer have i t in

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4
5

6
7

MR.

A.

Caughey
Objection.

SHAFFER:

For the unusual entry that he made

in i t .

Q.

What did you do with that

photocopy?

A.

I

placed a

copy --

8

copies of the memo book.

9

in my office and I

10
11
12
13

I

I

made two

believe I

put one

put another copy into the

inspector's office.

Q.

When you say you put another copy

in the inspector's office,
A.

I

what do you mean?

went into his office with the

14

copies in a

15

I

put i t in his

drawer of his desk.

16

17

Q.

manila envelope.

Did you write a

note in the manila

envelope or on the manila envelope?

18

A.

No.

19

Q.

Did Mauriello know you were making

20

copies of the memo book at the time you were

21

making them?

22

A.

No.

23

Q.

Did you tell

24

after making the copies

25

and put a

212-267-6868

Inspector Mauriello
that you made copies

copy in his desk drawer?
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2

3

4

A.

I

Caughey

SHAFFER:

Objection.

told Inspector Mauriello about

the copies on the day I

returned to work.

5

Q.

When was

6

A.

I'm not sure of the date I

that?

7

returned.

October 31st I

8

Saturday.

I t was either Monday or Tuesday.

9

10

Q.

Did you discuss

believe was a

the entries in

Officer Schoolcraft's memo book with anybody?

11

MR.

SHAFFER:

Objection.

12

A.

What time frame?

13

Q.

Any time after making the

14

photocopies.

15

A.

16

First time I

photocopies was

discussed those

the day I

returned to work.

17

Q.

18

discuss

19

book after making the copies?

20

A.

What about the entry;

did you

the entries with anybody in the memo

Again,

the first

time I

discussed

21

the contents of the memo book was

the day I

22

returned to work.

23

Q.

And who did you discuss

24

A.

Inspector Mauriello.

25

Q.

What did you tell him?

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2

Caughey

Bow the memo book came up into the

3

conversation,

4

the incident with Schoolcraft on Halloween.

Q.

5

6

I'm not sure.

Be told me about

And what did you tell him about the

memo book?

A.

7

That I

made copies of the memo

8

because back there were unusual entries in

9

the memo book.

10

Q.

What did he say?

11

A.

I

12

Q.

Did i t appear to you that Mauriello

don't recall.

13

was unaware of the entries in the memo book

14

when you told him about them?

15

MR.

SHAFFER:

Objection.

16

A.

I

17

Q.

Having gone through Exhibit 45 in

18

more detail,

19

this

20

memo book that you took from Officer

21

Schoolcraft's memo book on October 31,

is

don't recall.

can you tell me whether or not

the photocopy or a photocopy of the

MR.

22

SHAFFER:

2009?

Objection.

23

A.

I

24

Q.

Do you know what happened to the

25

cannot.

copy that you put in your files?

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2

when you took Officer Schoolcraft's book and

3

made copies for evidence,

4

folding down any of the pages or earmarking

5

or dog-earring any of the pages

do you remember

to the book?

6

A.

I

7

Q.

And so your recollection is

8

don't,

no.

you photocopied the whole book,

9

A.

I

10

Q.

And during that day,

believe I

did,

that

right?

yes.
did you at all

11

act in an unusual manner with respect to

12

Schoolcraft?
MR.

13

SHAFFER:

Objection.

14

A.

No.

15

Q.

Did you brandish your weapon to him

16

at any time that day?

17

MR.

SHAFFER:

Objection.

18

A.

No.

19

Q.

Did you come within several feet of

20

him during that day?
MR.

21

SHAFFER:

Objection.

22

A.

Yes.

23

Q.

On how many occasions did you come

24

within several feet of him that day?
MR.

25

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SHAFFER:

Objection.

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A.

I

3

Q.

Did you have any kind of physical

4

don't know how many times.

contact with him that day at all?
MR.

5

SHAFFER:

Objection.

6

A.

No.

7

Q.

Have you ever listened to any

8

recordings about that day?
MR.

9

SHAFFER:

Objection.

10

A.

Yes.

11

Q.

What recordings have you listened

A.

I

12

to?

13
14
15
16

had a

believe it·was the Village Voice

weapon site connection to tapes.

Q.

And what tape did you listen to

pertaining to that day?

17

A.

I

18

Q.

Did i t have to do with your

don't recall.

19

activities with respect to Schoolcraft or

20

somebody else's activities?

21
22
23
24
25

A.

I

don't recall what was on the

tapes.
Q.

You

just recall i t had something to

do with October 31st?

A.

212-267-6868

I

will go back to change that
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