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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1

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

1

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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Page 20
1

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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1

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
1

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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1

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.
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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
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516-608-2400