Schoolcraft v. The City Of New York et al
Filing
399
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 28, # 2 Exhibit POX 29, # 3 Exhibit POX 31, # 4 Exhibit POX 32, # 5 Exhibit POX 34, # 6 Exhibit POX 35)(Smith, Nathaniel) Modified on 2/17/2015 (db).
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1
1
2
UNITED
STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
3
4
i
-------------------------------------------X
ADRIAN SCHOOLCRAFT,
Plaintiff,
5
6
C;ase No:
-
7
against -
10
cv 06005
8
THE
CITY OF NEW YORK,
ET AL.,
9
Defendants.
10
11
-------------------------------------------X
12
111 Broadway
New York,
New York
13
July 24,
14
2014
12:11 p.m.
15
16
17
DEPOSITION OF ALAN COOPER,
18
Notice,
19
time,
20
1il'l
i it. h i n
taken at
the above place,
before DENISE ZIVKU,
a nd
f
or
pursuant to
the S t a t e
of
a
date and
Notary Public
New Yo r k .
21
22
23
24
25
212-267-6868
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ALAN COOPER
2
the
3
important
4
talk
structure of IAB.
to
this
It's
case.
really
So you
could
to your witness.
5
MS.
PUBLICKER METTHAM:
6
did not ask
7
about how they performed their duties.
MR.
8
for
structure.
But you
SMITH:
You asked
You want
to
talk
with your witness.
9
10
MS.
PUBLICKER METTHAM:
Well,
11
what are you getting at in
12
intelligence section and how i t gathers
13
it's
information?
14
this
is
15
not.
16
a
it
18
this
Q.
I
of
know whether
law enforcement privilege or
MR.
17
So
terms
SMITH:
All
right,
we'll do
way.
The notice of deposition has
three
sections
been marked as
20
that
21
c:tbCI'ltt.
22
and practices
23
regarding
the protection of members
24
NYPD
retaliation by other members
25
t:.he
I
understand you're here i t testify
The first
from
NYPD. "
212-267-6868
154.
It has
19
of
one is D,
"The policies
the City of New York
Have you
seen
the notice
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of
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ALAN COOPER
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2
deposition before?
A.
3
4
be
able
to
to
determine
Q.
5
have
I
look at i t
in order
that.
am showing you what's
I
to
6
previously marked as
154,
7
been
that document before?
8
A.
Yes,
9
Q.
Are you here
one
believe
to
testify
section D,
11
City witness
12
A.
I
13
Q.
Section E provides
on
just read
I
that
to· you
so,
testify about
for
to
15
disciplinary actions,
16
City of New York against members
17
for
18
NYl?D."
See
that
as
the
yes.
14
retaliation
on
subject matter?
believe
and
seen
so.
10
appear
t:he
I
have you ever
if
a
witness
"The
any,
taken by
against members
of
of
the
the NYPD
the
section?
19
A.
Yes.
20
Q.
Are you
21
City witness
22
A.
I
believe
so,
yes.
23
Q.
Then K on
the
next page
24
document
25
believe was
212-267-6868
is
on
here
that
another
to
testify as
a
section?
subject matter
scheduled for
today.
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I
K says
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ALAN COOPER
2
that
3
and practices
4
and
5
connection with how
6
investigations
7
supervisors made by other members
8
NYPD
var~ous
groups
w~thin
9
IAB have different areas
within
their
the
the
subject matter is:
of
and how
the internal
assurance
qual~ty
policies
"ThE~
affairs bureau
IAB and QAD
conducts
of alleged willful
the
10
respective
11
of by the NYPD and
12
the
13
rev·iew committee."
in
div~sion
conduct by
of
the
the
jurisdictions and the formation
the
recommendations
implementation and
by the crime
reporting
You
section?
14
A.
Q.
Are you here
16
testimony as
17
·that. I
that
Yes.
15
see
19
groups
20
you
21
City witness
just read
with
the
on
section K
to you?
Yeah,
A.
18
a
to provide
but i t actually
IAB not groups
says
within,
as
~ndicated.
Q.
MS.
22
I
Okay.
also
m~sread
~t.
PUBLICKER METTHAM:
23
will
note
that he
24
testify about
25
and implementation of
is
And
not here
I
to
the formation by the NYPD
the
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ALAN COOPER
2
MS.
PUBLICKER METTHAM:
We're
3
talking about 2007
to 2010.
4
A.
majority of the
There are a
5
lines
6
okay.
7
that will be a
8
help support getting information about
9
corruption,
misconduct within the police
10
department,
we also have non-taped lines.
11
We would call
12
line.
13
numbers.
14
1-212-CORRUPT,
15
call in
16
precinct that you can call
17
So you can call
18
one of those
19
non·-recorded line.
20
in
the command center are
So if you call
Q.
the general number
taped line,
but in order to
them the pride line or corrupt
Those names
It's
there
taped lines,
refer
to
the phone
1-800-PRIDE PD or
the letters corrupt.
--
If you
if we advertise within the
in anonymously.
into the command center to
two numbers
and that's
a
When somebody or when an officer
21
or member of service calls in,
22
required to identify themselves by name or
23
some other means or do
24
option of remaining anonymous?
MS.
25
are
they always
have the
PUBLICKER METTHAM:
~~-~---
212-267-6868
they
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ALAN COOPER
2
Objection.
3
A.
You can answer.
They have
4
remaining anonymous.
5
protect
6
Q.
the option of
their
That would help
identity.
Is
that an
important
thing?
7
MS.
PUBLICKER METTHAM:
8
Objection.
You could answer.
9
A.
Yes.
10
Q.
Why?
11
MS.
PUBLICKER METTHAM:
12
Objection.
You could answer.
13
A.
These
investigations
are
14
confidential.
We would like
to protect
15
those members
of service who
come forth
16
information about misconduct and corruption.
17
Q.
What's
18
MS.
19
Objection.
20
A.
Q.
What's
your year of birth?
1960.
21
with
22
PUBLICKER METTHAM:
You can answer.
your highest
level
of
E~duc::ation?
23
MS.
24
Objection.
25
A.
I
PUBLICKER METTHAM:
You can
have a
answer.
bachelorette degree.
- - - - - - - - - - - - - - - -
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ALAN COOPER
2
same page with you,
3
deal
4
d~scr~m~nation
with
5
investigations
A.
6
but
the EEO
into
issues
reports
that
of
based on sex or gender
Q.
Yes.
or one of
7
categories;
is
that
8
A.
Q.
In
other protected
Yes.
9
the
right?
the note on
10
205-38
11
who
12
retaliation
13
make
14
anonymity and
15
4amployee making
16
the
first
page of
t.ha1t:.?
it
ScLYS:
is made
"Any member of
t~he
service
aware of an allegation of
for
reporting wrongdoing
reasonable efforts
to protect
confidentiality of
the
17
A.
Q.
Does
the
the
allegation."
You
see
Yes.
18
shall
19
member of
20
does
that note govern how a
IAB conducting the
that note
apply
to
that
21
MS.
22
Objection.
23
A.
Q.
In what way does
investigation?
Yes.
24
investigation,
25
PUBLICKER METTHAM:
You
reasonable efforts
can answer.
IAB make
to protect anonymity and
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ALAN COOPER
2
confidentiality of the employees making
3
allegations
to it?
4
MS.
5
Objection.
6
A.
PUBLICKER METTHAM:
You can answer.
Maintaining the anonymity of a
7
member of the
8
corruption or misconduct regardless
9
whether
it's
service reporting such
for
of
retaliation or otherwise,
10
i t is
the priority of internal affairs
11
bureau
12
possible in order to avoid retaliation,
13
order
to
ke~ep
secret as
in
to prevent retaliation where possible.
Q.
14
their identity as
Protect them from what?
15
MS.
16
Objection.
17
A.
18
Jt::et.aliation.
19
Q.
20
PUBLICKER METTHAM:
You can answer.
Protect them from acts
What kinds
retaliation are you
of acts
of
of
referring to?
21
MS.
22
Objection.
23
A.
Any kind.
24
Q.
So we are
25
or a
-~~----~
~--
PUBLICKER METTHAM:
talking about transfer
physical act of violence,
anything?
--~~
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ALAN COOPER
2
MS.
3
Objection.
4
A.
5
It
PUBLICKER METTHAM:
You
could answer.
could run
the gamut,
yes,
any·thing.
6
Q.
How does
IAB go
about
7
maintaining anonymity of people
8
misconduct?
9
MS.
10
Objection.
11
A.
PUBLICKER METTHAM:
You
can
12
are
13
are very,
14
within
15
everybody
16
in
17
The
18
contact
19
They would
try
to
20
outside
the
normal
21
order
22
thought
23
these
24
to
25
to maintain
confidential.
IAB,
IAB.
So
2 I 2-267-6868
the
of
that
to
such
our
access
access
IAB
has
that's
access
an
to
Not
the
cases
not
to
site.
contact
them
work environment in
seen
speaking with
allegations.
the
and even
their work
them or
not
--
all
cases
initial protection.
call
types
these
IAB
would strive
they're
those
to
limited.
is
complainant at
be
investigations
limited within
the
in
The
investigators
take
answer.
First of all,
very
reporting
We
or
IAB
or making
would endeavor
undergo
anonymity of
heard or
those
efforts
the
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ALAN COOPER
1
2
complainant.
3
Q.
4
Why would not calling the work
place maintain their anonymity?
5
MS.
6
Objection.
7
A.
Ask that again.
8
Q.
Yeah.
9
of the ways
PUBLICKER METTHAM:
I
think you said that one
that IAB protects members
10
anonymity is by not calling them at their
11
command.
I
think
that's
what you
said.
12
A.
Right.
13
Q.
Why would calling them at their
14
command reveal
their anonymity?
15
MS.
PUBLICKER METTHAM:
16
Objection.
You could answer.
17
A.
So,
if IAB was
to call
18
of the
19
internal affairs bureau,
20
speak to
21
complaint.
That would probably divulge
22
officer was
speaking with
23
doing that.
24
Q.
99th Precinct and say hi,
the desk
the
is
the
we would like to
officer who called in the
IAB.
that
So we avoid
How would IAB avoid doing that?
MS.
25
this
PUBLICKER METTHAM:
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ALAN COOPER
2
Objection.
3
A.
You could answer.
In most instances by
4
ne>t:. do
it.
5
complainant or
6
trying to
employment.
To
Q.
7
not contacting the
the
reporter at his place of
Do you agree with me
8
member of
9
misconduct or corruption and then
a
service,
who witnesses
10
is put
11
have
12
report misconduct,
13
concerned about being viewed as
to
in
the
that a
awkward position,
comply with
14
MS.
15
Objection.
16
A.
where
it
they
their obligation and
but at
the
same
time be
rat?
a
PUBLICKER METTHAM:
You
can answer.
Just repeat i t .
MR.
17
18
reports
repeating
SMITH:
Would you mind
just
that question.
19
(Record read.)
20
MS.
21
going
22
an
23
witness,
24
to
25
A.
212-267-6868
to
PUBLICKER METTHAM:
object again
that
this
appropriate question for
but
I
will
allow
I'm
a
is
not
30 (b) (6)
the witness
answer.
Yes.
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ALAN COOPER
2
Q.
Why is
3
MS.
4
Objection.
5
Q.
that?
PUBLICKER METTHAM:
Or explain
6
MS.
7
A.
to me?
Objection.
8
that
9
PUBLICKER METTHAM:
Someone who's
corruption
reporting
or misconduct on his
10
that he
has
11
peers.
Any human being would be
12
that
13
giving
14
about you
15
your
16
peer or
17
continue
i f his peers
to
knows
impacted.
18
to
peers
found out
some confidential
or
work with his
concerned
that
if
I
was
information up
reporting your misconduct,
treatment of me,
whether i t be
then
from a
supervisory relationship might be
Q.
How might i t be
19
MS.
20
Objection.
21
the
22
A.
impacted?
PUBLICKER METTHAM:
Again,
this
is
well beyond
scope.
Could be impacted in
any
number
You may no
23
me.
24
~11it:h
25
friend
212-267-6868
or
longer wish
to
You may no
longer wish
to be my
if
it's
on a
speak
supervisory
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ALAN COOPER
2
subordinate
3
habits
4
situation or my
5
things
6
position
you may impact my work
not my work habits,
that a
to
Q.
7
level,
tours
or any number
supervisor might
control
The
guide procedures
9
you
in
regarding my
last page of
8
says
my work
of
the
the
life.
the patrol
that you have
"M~ambers
of
in
front
of
service who
10
voluntarily provide
information
11
in
12
be acknowledged for
13
integrity."
14
A.
Yes.
15
Q.
Can you explain
internal/external
You
to
assist us
investigations
their high acts
see
should
of
t~hat?
to me why
guide procedure refers
16
patrol
17
reporting of misconduct or corruption as
18
hi<;Jh act
of
to
the
the
a
integrity?
19
MS.
20
Objection.
21
testify
about deliberative process
or
22
why
information
the
23
patrol guide.
24
answer
to
25
A.
I
212-267-6868
any
PUBLICKER METTHAM:
The witness
I
is
will
not here
included in
allow him
the extent he
don't
is
to
to
knows.
really know why
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Page 146
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ALAN COOPER
2
Q.
And then on the last page of
3
this document there is
this
4
here retaliation
case investigative steps?
5
A.
Right.
6
Q.
Do you know where
7
information
that's
8
heading was
obtained?
the
collected under
9
MS.
PUBLICKER METTHAM:
10
Objection.
You could answer.
11
A.
i t right there,
that
Says
12
Henry conferred with D.
13
D.
I.
I.
Lieutenant
DiBartolomeo and
Loren~~o.
14
Q.
And who are
15
A.
D.
I.
those individuals?
DiBartolomeo is
16
commanding c•fficer,
17
investigation group otherwise known as group
18
D.
so
the
the special
Miriam
I .
MS.
19
20
A.
22
Lorenzo
23
53,
24
Slow
down.
21
PUBLICKER METTHAM:
s:afe!ty agents.
Want me
is
Q.
" -
-- -
-- - -
--~-
-- D.
I.
the commanding officer of group
which is
25
to go back
the group that covers
Okay,
so am I
--"- " - - - - - - - - - - -
school
correct that in
--"--~-
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ALAN COOPER
2
retaliation cases
3
should be
the number one concern
the protection of the victim?
4
MS.
PUBLICKER METTHAM:
5
Objection.
You could answer.
6
A.
That's what's
on the document as
7
w:z::·i tten.
8
p:z::iority in our investigations.
9
saying that
Yes,
that is a
very,
very high
I'm not
that's not my wording.
10
That's
the wording that was used either by
11
DiBart or by Lorenzo --
Q.
My question is do you agree with
14
A.
Absolutely.
15
Q.
And then i t also
12
13
it?
says here that
16
you shouldn't interview the CV or the
17
coJrn:plaining
18
A.
Complainant victim.
19
Q.
Complaining victim?
20
A.
Complainant or victim or.
21
Q.
But you should not do
22
·thE~
PG,
that under
do you agree with that?
23
MS.
PUBLICKER METTHAM:
24
Objection.
You could answer.
25
A.
212-267-6868
Case-by-case.
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ALAN COOPER
2
Q.
I t says
3
A.
That goes
here also
towards
4
that victim or complainant's
5
maintaining
confidentiality.
Q.
6
I t also
says
in
this
second
7
bullet here
"Never call permanent command
8
looking for
the C/V."
9
that?
Do you agree with
10
MS.
PUBLICKER METTHAM:
11
Objection.
You could answer.
12
A.
13
strong word.
14
that
I
15
call
the
16
in
17
members
18
may be
19
internal
20!
maintain,
21
e>r hers.
Right.
used,
this
but yes,
deposition
I
Okay.
with
the use of
24
agree with
25
only extremely rare
the
to
to alert any other
the officer
complaint to
affairs bureau in order
you know,
the word
explained previously
that command that
23
212-267-6868
an extremely
we endeavor not
speaking or making a
Q.
22
is
I t wouldn't have been
command as
of
Never
to his
Well,
to
confidentiality
you might not agree
the word never,
spirit of
the
the
but do you
idea
circumstances
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ALAN COOPER
2
call
the permanent command
3
complainant victim.
4
MS.
5
Objection.
6
A.
were
8
to
agree
for
the
with
that?
You
could answer.
I t would be best
Q.
contact
And was
the
i f you
other methods.
9
able
Do you
look
PUBLICKER METTHAM:
Yes.
7
to
this
10
document based on any
11
procedures
of
12
collective
knowledge
13
individuals
14
Henry and Deputy
15
complainant via
part of
this
standard operating
Lo.r,enzo?
IAB or was
MS.
17
Objection.
18
A.
to
it
You
large
l i t t l e bullets
for
21
particular
retaliation
22
handle quite
23
Q.
25
A.
DiBartolomeo and
it
20
before
Lieutenant
could answer.
their experience
24
the
PUBLICKER METTHAM:
19
a
IAB,
Inspectors
By and
for
the
and experience of
referred
16
i t based on
comes
just pulling
what
few
of
And you
together
they would do
some
in
They
cases.
them.
reviewed
appearing here
out of
·today,
this
document
right?
Yes.
VERITEXT REPORTING COMPANY
212-267-6868
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Page 150
1
ALAN COOPER
2
3
Q.
And you
produced
knew
i t was
being
to me?
4
A.
Yes.
5
Q.
Is
6
you
think
there
should be
7
MS.
8
Objection.
9
A.
10
today's
11
quite
12
nothing in here
13
shouldn't be
As
anything in
here
that
corrected?
PUBLICKER METTHAM:
You
I
could answer.
read i t
meeting,
in
the past before
I
would be
I
accurate.
believe i t all
can't say
there's
that's
that
not accurate or
corrected.
14
MR.
15
don't have
16
time.
17
SMITH:
one
Chief.
I
any more questions
at
this
PUBLICKER METTHAM:
MS.
18
Thank you,
I
have
clarifying question.
19
EX1U1INATION BY
20
MS.
PUBLICKER METTHAM:
Chief,
Q.
21
22
would you have
23
victim at his
A.
24
25
know,
212-267-6868
we're
In
to
under what
contact a
circumstances
complaining
permanent command?
a
situation
charged with
obviously,
you
conducting the
VERITEXT REPORTING COMPANY
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516-608-2400
Page 151
1
ALAN COOPER
2
in"restigation.
We have
3
irnrestigation.
The
4
move
5
where
6
The
7
in
8
allegation of
9
retaliation,
10
~nformat~on.
11
allegat~ons
12
they're going
13
speak with
14
compla~nants
15
become uncooperative,
16
sp•e.ak with us.
17
We
forward.
the
conduct
the
investigation has
We encounter some
complainant becomes
who
compla~nant
the
to
called
to
situations
uncooperative.
the
~n
compla~nt
f i r s t place and initiated an
serious misconduct or
that's
They're
as
a
who,
upon
that's
19
there may come a
20
forced by
21
contact
them in
22
Q.
And
service,
but
need to
experience
own
the~r
to maintain
We
the
sometimes
We don't
18
the
at some point,
We
they
like
reflect~on,
st~ll
to
do
need to
i t that
conf~dent~al~ty.
extremely important,
time
the
serious
mak~ng
member of
to,
us.
like
th~nk
the person with
but
that we would be
complainant's
own
actions
to
an official manner.
~f
there were
current
23
phone number for
24
their
25
which you would contact the individual at
212-267-6868
ten
card,
the
no
compla~n~ng
would that be a
v~ct~m
on
circumstance
VERITEXT REPORTING COMPANY
www .veritext.com
516-608-2400
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