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).

Page 1
1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

2

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

3

ADRIAN SCHOOLCRAFT,
Plaintiff,

4
5

Case No:
-

6

10

against -

cv

06005

7

THE CITY OF NEW YORK, ET AL.,
8

Defendants.

9

10
11

---------------------------------------------X
111 Broadway
New York, New York

12
May 29,

2014

10:19 a.m.

13
14
15
16

DEPOSITION OF STEVEN WEISS,

pursuant to

17

Notice,

18

time, before DENISE ZIVKU,

19

within and for the State of New York.

taken at the above place, date and
a Notary Public

20
21

22
23
24
25

212-267-6868

VERITEXT REPORTING COMPANY
www .veritext.com

516-608-2400

Page 103
STEVEN WEISS

1

A.

2

No,

that I

remember,

I

don't.

(Plaintiff's Exhibit 126,

3
4

document,

was marked for identification

5

as of this date by Mr.

6

Q.

Smith.)

Showing you what's marked as

It's a

two-page document Bates Stamp

7

126.

8

Numbers 2844

9

article that you were

through 45.

10

A.
Q.

Is

the

just referring to?

Yes.

11

Is this

12

first page?

13

A.

that your handwriting on the

14

September

15

Yes,

i t is.

the bottom

16

'07 and January

In relation to the

Yeah,

Q.

'08

this thing on

you anticipated my next

17

question.

The handwriting on the right-hand

18

column on the first page,

your handwriting?

19

A.

Yes.

20

Q.

What about the handwriting phone

21

number 646-610-4509;

22

handwriting?

23

A.

Yes.

24

Q.

What's that a

25

A.

It's a

212-267-6868

is that your

number to?

headquarters number,

VERITEXT REPORTING COMPANY
www .veritext.com

but

516-608-2400

Page 104
STEVEN WEISS

1

2

I

don't know what i t ' s

to.

3

Q.

One Police Plaza?

4

A.

Yes.

5

Q.

Is

6

this

the phone number of the

early intervention?
I

don't know.

7

A.

You have to call.

8

Q.

You sent this article to the

9

early intervention unit at the time that you

10

were a

sergeant at the 81st Precinct;

11

that right?

12

A.

Right.

13

Q.

Did you send the early invention

14

unit any other information about this

15

is

article?

A.

16

I

don't know.

17

what else I

18

page to the fax.

19

something else.

20

i t was,

21

Q.

22

pages

I

sent them.

I

don't remember

Says there's a

So obviously I
What was

12

sent

sent with i t ,

what

don't remember.
You're saying that i t was 12

--

23

A.

It says at the top.

24

Q.

But that's for

25

A.

Right.

212-267-6868

the fax

VERITEXT REPORTING COMPANY
www .veritext.com

516-608-2400

Page 105
STEVEN WEISS

1

Q.

2

3

line dated January 12,

2010,

right?

4

A.

Correct.

5

Q.

You were not at the

ICO -- you

6

were not at the 81st Precinct on January 12,

7

2010?

8
9

10

A.

No,

be the fax.

I

wasn't.

So this wouldn't

don't know if I

I

sent them

anything else.

11

Q.

You got to --

12

A.

I

13

said I

don't know if I

sent

them anything else.

14

MR.

SMITH:

I

am going to call

15

for

16

early invention unit file pertaining to

17

Officer Schoolcraft including,

18

limited to the copy of the article that

19

the witness has identified as being

20

sent to that unit.

21
22

the production of the file

MR.
article.
MR.

23

SHAFFER:
You

in the

but not

You have the

just handed i t to him.

SMITH:

No,

I

know.

I

want

24

their copy of the article and ideally

25

all of the information reflecting when

212-267-6868

VERITEXT REPORTING COMPANY
www .veritext.com

516-608-2400

Page 106
STEVEN WEISS

1

2

i t was

transmitted.

This copy does not

3

provide that information,

4

witness faxed,

5

this newspaper article to that unit,

6

then there may be information in their

7

files

8

may be also information about what else

9

was

but if the

as he said,

a

copy of

about when i t was faxed.

There

sent to the unit and what action,

10

if anything,

11

to Schoolcraft.

12

request for

13

MR.

the unit took with respect
So I

am making a

the entire file.
SHAFFER:

Put i t in writing.

14

We will

take under advisement.

15

Q.

16

Exhibit 126,

17

A.

Yes.

18

Q.

Why were searching on the

19

internet for

20

A.

You found this article,
on the internet?

Schoolcraft?
It was --

I

was

-- like I

21

I

was worried about the guy a

22

Why specifically I

23

I

24

have posted that was on there.

25

know.

imagine I

212-267-6868

I

was

did i t ,

I

said,

l i t t l e bit.
don't recall.

looking for anything he may
I

don't

don't really remember what led me
VERITEXT REPORTING COMPANY
www .veritext.com

516-608-2400

Page 107
1
2

STEVEN WEISS
to do

it.

3

Q.

4

supervision

at

that

5

A.

As

the

6

line of

7

Q.

8

search

9

the

He was

not within your
time,
ICO,

was

line of

he?

everybody is

in my

supervision.
Did Mauriello ask you
for

information about

to do

a

Schoolcraft on

internet?

10

A.

No.

11

Q.

Did Lauterborn ask

12

search on

you

to do a

Schoolcraft?

13

A.

No.

14

Q.

Did Caughey ask you

15

search on

the

internet for

to do

a

Schoolcraft?

16

A.

No.

17

Q.

So you did this

18

initiative?

19

A.

My best recollection,

20

Q.

Do you

recall

21

Caughey about speaking

22

own

yeah.

speaking with

intervention unit?

23
24
25

A.

I

to

on your

don't recall

conversation we had about

Q.

212-267-6868

Do you

recall

the

early

specific
it,

no.

generally

VERITEXT REPORTING COMPANY
www .veritext.com

talking

516-608-2400

Page 108
1
2

STEVEN WEISS
about Officer Schoolcraft with Caughey?

3

A.

4

Schoolcraft,

5

Q.

6
7

We spoke about Officer
yes.
What did you speak with Caughey

about Officer Schoolcraft?

A.

Everything from the memo book to

8

the CD

I

gave him,

9

to

this,

he appealed his

evaluation.

Q.

When you say referring to

12

A.

To the article.

13

Q.

I

10

this

11

14

15

mean the Leader Herald

article?
A.

Correct.

He appealed his

16

evaluation,

17

we couldn't find out why,

18

assignment would be after he came back to

19

the precinct with no gun.

20

conversation.

21
22

Q.

25

what his

It came up in

Did i t come up in conversation

contacting the early intervention unit?

23
24

he all of sudden had no gun and

MR.

A.

I

SHAFFER:

Objection.

don't have a

specific

recollection of speaking to about i t .

212-267-6868

VERITEXT REPORTING COMPANY
www .veritext.com

It

516-608-2400

Page 128
STEVEN WEISS

1

2

That's my recollection.

3

a

Past that,

I'm not

hundred percent sure.

Q.

4

What do you recall

about your

5

discussion with Lauterborn about the

6

for

a

duty captain?
A.

7

request

Just how bizarre and unusual

8

was

and how i t pointed towards

9

there was

something perhaps

the fact

it
that

not right with

10

this guy at this point.

11

--

12

somebody talk to him on a

13

could evaluate his psychological wellbeing

14

to make

sure

15

wasn't,

for

16

Q.

I

felt we needed to,

that he was
lack of a

That we needed to
at least,
level

okay.

have

that they

That he

better term,

crazy.

Did you have that discussion

17

with Lauterborn

18

the

same day he made his

request?

19

A.

Yes.

20

Q.

The same day that Schoolcraft

21

made the

request for

the duty captain?

22

A.

Yes.

23

Q.

Do you recall anything that you

24
25

discussed with Lauterborn?
A.

212-267-6868

I

don't specifically remember
VERITEXT REPORTING COMPANY
www .veritext.com

516-608-2400

Page 129
STEVEN WEISS

1

2

the details of the conversation.

3

remember the procedure regarding sending an

4

officer to psych services or having a

5

clinician respond -- however,

6

procedure was written,

7

-- this may have come up also from what I

8

remember.

9

concerns about his psychological wellbeing

10

This,

I

do

exactly the

was discussed and the

being the article,

and my

based on what was in the article.

11

Q.

You're referring to Exhibit 126?

12

A.

Yes.

13

Q.

Do you recall anything else that

14

you discussed with Lauterborn?

A.

15

It was all related to that.

16

About having him evaluated and the memo book

17

entry from when I

18

of my recollection this happened a

19

days

20

incident.

21

unusualness of that entry in the -- in there

22

and some of the other unusual entries that I

23

observed in his book.

24
25

issued him the CD.

Best

couple of

-- next day after that whole CD

Q.

So that also came up cause the

Do you discuss with Lauterborn

who the duty captain was

212-267-6868

that day?

VERITEXT REPORTING COMPANY
www .veritext.com

516-608-2400

Page 130
STEVEN WEISS

1

2

A.

I

3

Q.

Who was

5

A.

I

6

Q.

Did you have any discussion with

4

don't know.
the duty captain that

day?
don't know.

7

anybody else that day about Schoolcraft's

8

request for

9

A.

the duty captain?
Other than Lauterborn,

10

recollection is also,

11

somebody that I

12
13
14

Q.

my

Sergeant Stukes was

spoke to about i t .

What did you speak to Stukes

about?

A.

I

believe Stukes went to the

15

seemed to find out why he was asking for the

16

duty captain.

17

regarding that.

18

19
20

Q.

So the conversation was

What do you recall about your

discussion with Stukes?

A.

Not much.

I

remember having a

21

discussion with him about i t .

22

speaking to

23

Past that,

24

partially about the unusualness about the

25

request from what I

212-267-6868

And then him

the captain about i t ,
I

I

believe.

don't really remember even

remember.

VERITEXT REPORTING COMPANY
www .veritext.com

516-608-2400

Page 131
1
2

STEVEN WEISS

Q.

Do you recall speaking with

3

anybody else that day about Schoolcraft's

4

request for a

duty captain?

5

A.

Not that I

6

Q.

When did you discuss

could remember.

7

Schoolcraft's duty captain request with

8

Caughey?

9

A.

Probably,

from my recollection,

10

i t was right after we -- right after i t came

11

over then walking into the -- as we walked

12

from our office to

13

They were like across

14

the hall,

15

precinct.

16
17

Q.

the captain's office.

but across

the hall

not across

the lobby of the

So the same day that you had the

conversation with Lauterborn,

you also had a

'

18
19

20
21
22
23

24
25

conversation Caughey about

A.

Yeah,

this all happened at the

same time.

Q.

What do you recall about your

discussion with Caughey?

A.

Just that I

felt

that he needed

to be evaluated.

Q.

212-267-6868

Was Schoolcraft evaluated?
VERITEXT REPORTING COMPANY
www .veritext.corn

516-608-2400

Page 132
STEVEN WEISS

1

2

A.

No.

3

Q.

Why not?

4

A.

The captain's decision.

5

Q.

Which captain?

6

A.

Captain Lauterborn.

7

Q.

So Lauterborn said I'm not going

8

to do this,

9

A.

is

that what happened?

He interviewed Schoolcraft and

10

then after that there was no further action

11

taken as

12

least that day that I

13
14

far

Q.

as having him evaluated at
know of.

Were you present during this

interview with Lauterborn?

15

A.

No.

16

Q.

Where did this

17

interview take

place?

18

A.

In the CO slash XO's office.

19

Q.

Was

this

the same day that the

20

request by Schoolcraft for

21

took place?

22

A.

Yes.

23

Q.

Was Mauriello in command and

24
25

the duty captain

working at that time?
A.

212-267-6868

He was

the CO of the precinct at

VERITEXT REPORTING COMPANY
www .veritext.com

516-608-2400

Page 133
STEVEN WEISS

1

2

the time.

He was not working.

Q.

3

Do you recall having any other

4

discussions with anybody else

5

this

that day about

request?

6

A.

Not that I

7

Q.

So am I

can recall,

no.

correct that you

8

at the patrol guide procedure for

9

looked

referring

Schoolcraft to psychological services

and

10

you discussed that patrol guide procedure

11

with Lauterborn and ultimately,

12

told you no,

13

procedure with respect to Schoolcraft.

14

Lauterborn

we are not following

MR.

SHAFFER:

this

Objection.

15

A.

Yes,

16

Q.

Did you ever have any

that would be fair.

17

discussions with Mauriello about

18

Schoolcraft's

19
20
21
22

A.

I

request for

duty captain?

don't specifically remember

any conversations

Q.

a

about i t .

Did you,

yourself,

have any

conversations with Schoolcraft that day?

23

A.

I'm not certain.

24

Q.

Did you,

25

at any time after that,

have any conversations with Schoolcraft

212-267-6868

VERITEXT REPORTING COMPANY
www .veritext.com

516-608-2400

Paqe 134
1
2

STEVEN WEISS
about his

duty captain request?

3

A.

I'm not sure.

4

Q.

Was your contact with

I

don't know.
the early

5

invention before or after Schoolcraft

6

requested

the duty captain?

7

A.

Good question,

8

Q.

What's

9

11

the next

remember with reqards
MR.

10

A.

I

I

to

SHAFFER:

don't know.
thinq that you

Schoolcraft?
Objection.

remember when he
I

came back to

12

the precinct after

had spoken with the

13

early invention people at some point and he

14

now he

15

shield and

16

him in my office about that.

came back and he had no
I

had a

qun,

no

short conversation with

17

Q.

What was

18

A.

Basically what happened,

that conversation?
how

19

come you have no qun and shield,

20

really wasn't able to provide any kind of

21

answer,

22

up at his

23

took his

24

back home.

25

tellinq me.

212-267-6868

other than

to

say that

which he

they

showed

house and drove him someplace and

qun and his

shield and brouqht him

That's what I

remember him

VERITEXT REPORTING COMPANY
www .veritext.com

516-608-2400