Schoolcraft v. The City Of New York et al

Filing 400

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 36, # 2 Exhibit POX 37, # 3 Exhibit POX 38, # 4 Exhibit POX 39)(Smith, Nathaniel) Modified on 2/17/2015 (db).

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1 ' (.. .). 1 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ----------------------------------------------------------X ADRIAN SCHOOLCRAFT, 3 PLAINTIFF, 4 Case No.: 10CIV 6005(RWS) -against5 6 7 8 9 10 11 12 13 14 15 16 17 THE CITY OF NEW YORK, ET AL, 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 WILLIAM GOUGH, TAX ID 919124, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY, SERGEANT FREDERICK SAWYER, SHIELD NUMBER 2576, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY, SERGEANT KURT DUNCAN, SHIELD 2483, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY, LIEUTENANT CHRISTOPHER BROSCHART TAX ID 915354, 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 PO'S JOHN DOE 1-50 INDIVIDUALLY AND IN THEIR OFFICIAL CAPACITIES, JAMAICA HOSPITAL MEDICAL CENTER, DR. ISAK ISAKOV, INDIVIDUALLY AND IN HIS OFFICIALLY CAPACITY, DR. LILIAN ALDANA-BERNIER, INDIVIDUALLY AND IN HER OFFICIAL CAPACITY AND JAMAICA HOSPITAL MEDICAL CENTER EMPLOYEES JOHN DOE 1-50 INDIVIDUALLY AND IN THEIR OFFICIAL CAPACITIES (THE NAME .JOHN DOE BEING FICTITIOUS, AS THE TRUE NAMES ARE PRESENTLY UNKNOWN), 18 19 DEFENDANTS. ----------------------------------------------------------X 20 21 DATE: June 5, 2014 22 TIME: 10 : 16 A.M. 23 24 \ ' \d. (DEPOSITION OF JOSEPH FERRARA.) 25 DIAMOND REPORTING (718) 624-7200 1 j '~ 49 JOSEPH FERRARA 1 through. 2 Q. 3 And you -- why were you assigned to the 81st Precinct in February of 2009? 4 MR. SMITH: 5 A. 6 received. 7 Q. Objection to form. 8 9 10 As a result of the department charges that I Were you told why you were being transferred to the 81 Precinct? A. Officially, no, but I knew why because when IAB when a member of IAB gets charges and specifications the 11 higher-ups have an option of whether they want to transfer 12 people out of Internal Affairs or keep them in Internal 13 Affairs anyway and based on my history since March or April 14 of 2007 I was chosen to be removed from Internal Affairs 15 Bureau. 16 17 18 Q. And you said you weren't told this officially, were you told this unofficially? A. Well, it's known that there's a very good 19 20 kicked out of IAB, no one comes to you and says you got 21 jammed up, so you're getting kicked out of IAB, they just 22 come down with the orders that you're being transferred. 23 So, the transfer is official, but the reason behind the 24 ~ likelihood that if you get jammed up in IAB that you get transfer is not vocalized. 25 Q. And so, you said generally if you're brought up DIAMOND REPORTING (718) 624-7200 49 50 JOSEPH FERRARA 1 with charges and specs in IAB there's a good likelihood 2 you'll be transferred? 3 A. 50/50. 4 Q. And on what do you base that 50/50 number? 5 A. If you're liked or not liked. 6 Q. Let me just be a little bit more clear which is, 7 how do you -- how did you come up with that number of 50/50 8 chances you'll -- you'll stay in IAB as opposed to being 9 transferred out? 10 A. Because I knew several people who got in trouble 11 in IAB for misusing the computer or doing various other 12 misconduct and were allowed to stay and then I knew people 13 who weren't allowed to stay who did, you know, minor things 14 of misconduct. 15 Q. 16 knew? 17 A. Yes. 18 Q. And how many people do you know who are in IAB 19 20 21 22 23 24 25 So, that 50/50 number is based on people you who were jammed up? A. I don't know. I had given you a -- a list. So those are the people that I was aware of. Q. Okay. So, that's what you're basing this number on, is that list? A. Basically that list, yeah. remember what was on that list. DIAMOND REPORTING (718) 624-7200 50 I really don't I just printed it out. I I I ! 51 JOSEPH FERRARA 1 But, yeah, basically it was on that list that I was -- you 2 know, because I think I listed on that list people who were 3 able to stay and people who were removed from Internal 4 Affairs Bureau. I. 5 Q. Well, we can -- we can go to that list. I'm 6 handing you what has already been marked as Defendants' 7 Exhibit A. 8 bottom NYC12142 through NYC12182. 9 as you need to review that. 10 A. This is a document bearing Bates numbers at the Please take as much time Okay. 11 MR. SMITH: This is Exhibit A? 12 MS. PUBLICKER METTHAM: Yes. 13 A. Okay, I have the piece of paper. 14 Q. And it appears that you're looking at the list on 15 NYC12182? 16 A. Yes. 17 Q. And this is the list of individuals that you knew 18 from IAB who had gotten in trouble and on which you base 19 your opinion that people are transferred out 50 percent of 20 the time? 21 A. Yes. 22 Q. Okay. 23 24 25 We'll come back to that. Just to get the background and you received a subpoena from me in this case; is that correct? A. Yes. DIAMOND REPORTING (718) 624-7200 51 52 JOSEPH FERRARA 1 2 Q. And in response to my subpoena you sent an envelope with multiple documents and a CD; is that correct? 3 A. Yes. 4 Q. The -- Exhibit A that I've just handed you, is 5 that a complete list of the -- a set of the documents you 6 provided to me? 7 A. I believe so. 8 Q. And as I mentioned, I added numbers to the bottom 9 but they have this is otherwise not been edited; is that 10 correct? 11 A. Yes. 12 Q. Starting on the first page I just want to go 13 through that to make sure that I understand your answers. 14 Okay? 15 A. Okay. 16 Q. Now, on the left-hand side you've written some -- 17 some handwritten notes, correct? 18 A. Yes. 19 Q. So, by writing 2/18/10 and 4/1/10 next to 20 paragraphs numbered 1 through 4, were you indicating that 21 the only recordings you had responsive to those requests 22 were the two recordings you provided on the CD? 23 Yes. 24 'd A. Q. So, aside from the CD provided, do you have any 25 other recordings made by you of any NYPD employee regarding DIAMOND REPORTING (718) 624-7200 52 53 JOSEPH FERRARA 1 ~ .. misconduct or corruption? 2 A. No. 3 Q. Aside from the CD provided, do you have any other 4 recordings made by you of any interactions on NYPD property 5 regarding misconduct or corruption? 6 A. No. 7 Q. Aside from the CD provided, do you have any other 8 recordings in your possession of any NYPD employee 9 regarding any alleged misconduct or corruption? 10 A. No. 11 Q. And aside from the CD provided, do you have any 12 other recordings in your possession of any interactions 13 taking place on NYPD property regarding alleged misconduct 14 or corruption? 15 A. No. 16 Q. Now, next to paragraph number 5 you've written 17 e-mails. 18 were the only documents responsive to that request? Were you indicating that the e-mails you provided 19 A. Yes. 20 Q. So, aside from the documents provided, do you 21 have any other documents in any form or format sent by you 22 or to you with an attorney for Adrian Schoolcraft? MR. SMITH: 23 Objection to form. 24 ' ·.. } ./l ~ A. Can you repeat that. 25 Q. Sure. DIAMOND REPORTING Aside from the e-mails and documents (718) 624-7200 53 54 JOSEPH FERRARA ) 1 you've given me, do you have any other documents that were 2 sent by you or given to you by an attorney for Adrian 3 School? 4 A. No. MR. SMITH: 5 6 Q. Objection to the form. Now, looking at paragraph number 6 you've written 7 n/a next to that. By writing n/a were you indicating that 8 you had no documents responsive to that request? 9 A. Yes. 10 Q. So, aside from the documents provided, do you 11 have any other documents in any form or format of the 12 corruption you saw during your 15 years on the job that you 13 referenced in your e-mail to Jon Norinsberg on August 11, 14 2010? 15 A. No, I don't have anything else. 16 Q. Moving on to paragraph 7. You've written next to 17 it n/a, precinct would have monthly activity reports and in 18 parentheses paper. 19 that you personally have no documents responsive to that 20 request? 21 A. Yes. 22 Q. And moving now to paragraph 8. By writing that were you indicating You've written 23 next to it precinct would have these records in 24 parentheses, paper. 25 personally had no documents responsive to that request? DIAMOND REPORTING Were you indicating that you (718) 624-7200 54 55 JOSEPH FERRARA 1 A. Yes. 2 Q. And I'm sorry, I also note that underneath that 3 you've written audio 2/18/10, thirty-nine minute mark or 4 thirty-nine minute. 5 that recording, the 2/18/10 recording has something 6 responsive to this request? 7 A. Were you indicating that you believe No, I just -- I think that had to do with -- I 8 think it had to do with when they were talking about weekly 9 breakdowns that it was mentioned on the audiotape that I 10 provided to the law department and at that -- timewise, 11 that's where the reference was made. 12 13 Q. Okay. When did you begin recording your co-workers? 14 A. February 18, 2010. 15 Q. Did anyone suggest that you record your 16 co-workers? 17 A. No. 18 Q. Why did you continue recording your co-workers? 19 A. I didn't feel in my opinion that the way Police 20 Officer Schoolcraft was being regarded to in the precinct 21 was appropriate by the commanding officer. 22 MS. PUBLICKER METTHAM: All right. We're 23 24 \ . ), '\·::.::) going to take a short break so that we can change the videotape. 25 the record. DIAMOND REPORTING So, we're just going to go off (718) 624-7200 55 56 JOSEPH FERRARA THE VIDEOGRAPHER: 1 We are now -- excuse me. We are now off the record at 11:23 am. 2 3 (Whereupon, a short recess was taken.) 4 THE VIDEOGRAPHER: This is tape two of the 5 deposition of Joseph Ferrera. 6 record at 11:40 a.m. 7 Q. Okay. We are now on the So, before we took the break you stated 8 that you started recording because you didn't like the way 9 that Schoolcraft was -- was treated by Mauriello in the 10 11 precinct; is that correct? A. The way Mauriello MR. KRETZ: 12 13 14 15 16 A. Objection. Sorry. The way Mauriello was referring to Schoolcraft in the precinct. Q. And how was Inspector Mauriello referring to Schoolcraft in the precinct? 17 A. That he was a rat. 18 Q. Did you think at the time you started making 19 these recordings that you would be suing the City at some 20 point? 21 MR. SMITH: 22 MS. PUBLICKER METTHAM: 23 THE COURT REPORTER: 24 25 I'm sorry, the who? City. At the time you were making these recordings -MR. SMITH: DIAMOND REPORTING Did you think that you -- (718) 624-7200 56 57 JOSEPH FERRARA MS. PUBLICKER METTHAM: 1 You would be suing ~.. . the City at some point. 2 You meaning the witness? 3 MR. SMITH: 4 MS. PUBLICKER METTHAM: 5 MR. SMITH: 6 MS. PUBLICKER METTHAM: Objection to form. Is there another definition of you that I'm not aware of? 7 MR. SMITH: 8 suing. 9 10 There's another definition of Are you referring to the witness suing the City? MS. PUBLICKER METTHAM: 11 Yes, it's quite plain from the question, Mr. Smith. 12 13 Yes. Q. So, Mr. Ferrera, when you made these recordings, 14 did you think that you would be suing the City at some 15 later date? 16 A. No. 17 Q. How many recordings did you make of your 18 co-workers at the NYPD? 19 A. Two. 20 Q. Only two? 21 A. Yes. 22 Q. And you provided all the recordings you've ever 23 made of your co-workers to the City of New York? 24 A. Yes. 25 Q. How did you choose what to record? DIAMOND REPORTING (718) 624-7200 57 58 JOSEPH FERRARA 1 A. I chose the commanding officers' meeting to .! 2 record on those two instances. 3 Q. 4 meeting? 5 Why did you choose the commanding officers' A. Because that's where Deputy Inspector Mauriello 6 was able to speak somewhat freely because that meeting 7 consisted of all the supervisors of the precinct, there was 8 no -- there was no one lower than a sergeant present at 9 those meetings. 10 11 12 Q. And why did you choose only February 18th and April 1st of 2010 to record? Those were the two meetings, I believe, that were A. 13 back to back for the COs' meetings under February 18th was 14 the next meeting after I had heard in a previous CO meeting 15 him refer to -- Inspector Mauriello refer to Schoolcraft as 16 a rat. 17 recording. So that very next meeting is when I started 18 Q. Did you save every recording you made? 19 A. Yes. 20 Q. Did you delete any recordings? 21 A. No. 22 Q. Have you provided to anyone else a recording of 23 the NYPD that you have not provided to me? 24 A. No. 25 Q. Did any of your co-workers know that you were DIAMOND REPORTING (718) 624-7200 58 73 JOSEPH FERRARA .. ' t 1 and they started the training, the officers -- the training 2 sergeant would leave -- let's say hypothetically it was an 3 in-term order, he'd have copies of the in-term orders in 4 the -- where roll call was done. 5 later and get a copy of that in-term order and you know, 6 read it themselves. 7 there was anything wrong with that. j 8 Q. 9 So an officer can come by So I didn't feel based on that that correct? You were a -- a sergeant on patrol at some point, 10 A. Yes. 11 Q. Did you ever discuss new in-term orders or new 12 policies with officers under your command when you were a 13 sergeant on patrol? 14 A. Not on patrol, no. 15 Q. And why not? 16 A. Because they had the training sergeant, he does 17 that. 18 Q. 19 As a member of the NYPD, are you required to report misconduct that you personally observe? 20 A. You are, yes. 21 Q. In -- going back to your e-mail from August 11th, Official misconduct. 22 you stated that downgrading crime reports this happens 23 everywhere. I 24 A. Yes. 25 Q. What did you mean by this happens everywhere? I I DIAMOND REPORTING (718) 624-7200 73 i I ! 74 JOSEPH FERRARA 1 A. All the commands do that. When there's a report 2 taken for a specific crime, the -- the usual course is that 3 that complaint gets taken by the officer on patrol, it gets 4 handed into the desk officer to be signed off on. 5 put into the computer and it goes up to what's called crime 6 analysis. 7 detective squad. 8 needs to be investigated. 9 of ComStat, commanding officers were being looked at as far It gets Depending on the crime it gets referred to the If it's something that's still open it Because of ComStat, as a result 10 as their numbers in regards to seven major crimes and they 11 were looked at unfavorably if they had a spike in seven 12 major crimes. 13 So, it started to be done where a commanding 14 officer would tell the crime analysis people who were 15 supposed to put together the 61s and even the desk officers 16 at some point call up the complainant and let's go back 17 over what the complainant says in regards to their 18 allegation, let's see if it really is a robbery. 19 if they really got their car stolen. 20 was hit with a pipe for real, how do they know they were 21 hit with an object, how do they know it wasn't a fist. 22 That's in order to reduce the complaint for that category, 23 because if the complainant says well, I thought it was a 24 bat or I thought it was a pipe, and this person says to the 25 complainant well, are you sure and they turn around and say DIAMOND REPORTING (718) 624-7200 74 Let's see Let's see if somebody 75 JOSEPH FERRARA ,, ') 1 well, no, I'm not sure, then it could have been a fist; 2 yeah, it could have been a fist. 3 assault two which is a seven major felony down to an 4 assault three which is playing with numbers. 5 the original complaint -- if the officer who took the 6 report out in the street listens to the complainant and 7 complainant says I got hit with a pipe, the officer is 8 going to write complainant states he got hit with a pipe. 9 We're going on what the complainant says out in the street Now that changes from an Because if 10 because that's what the cops are trained to do. Now, later 11 on we want to -- we want to -- oh, we don't want another 12 felony assault, so -- in that area especially, if it 13 happened in a certain area that wasn't conducive to -- to, 14 you know, to the CO. 15 made and then reports would be changed. So then these phone calls would be 16 Q. How many times did you see reports changed? 17 A. I didn't personally see reports changed. I know 18 the process was done by talking to people, but I never 19 saw -- I was never asked to call anybody back to 20 re-interview anybody. 21 Q. Did you ever downgrade any crime complaints? 22 A. No. 23 Q. And you were never asked by a supervisor to 24 25 downgrade any crime complaints? A. No. DIAMOND REPORTING (718) 624-7200 75 76 JOSEPH FERRARA 1 Q. Have you ever attended ComStat? 2 A. Once. 3 Q. And when was that? 4 A. I think it was when I was in the 40 Precinct, I 5 think. 6 Q. Why did you attend ComStat at that time? 7 A. The CO wanted sergeants to get a feel of what 8 ComStat was like. 9 Q. Did you have to speak at ComStat? 10 A. No. Actually, you know what, I went to ComStat 11 more than -- well, I went to TrafficStat, I went to ComStat 12 just to get a feel of what it was like, but I went to 13 TrafficStat I believe twice when I was a sergeant in the 40 14 when I was 15 16 Q. ~ssistant !CO. Have you ever worked in a supervisory position before ComStat came to the NYPD? 17 A. No. 18 Q. Would it be appropriate for an officer on the 19 street to ask a victim are you sure it was a bat or a pipe? 20 A. No. 21 Q. You don't believe it would be appropriate for an 22 23 officer on the street to ask questions? A. Appropriate, yes, but does it happen, no, because 24 the radios are so busy in these commands, the officer wants 25 to take the report, give whatever kind of aid is needed and DIAMOND REPORTING (718) 624-7200 76 77 JOSEPH FERRARA 1 go to the next job, because there's pressure from the COs 2 in regards to response time, for how long does it take a 3 ·; ( cop to get to another job. Q. 4 But if an officer did ask a victim on the scene 5 are you sure it was a pipe or a bat, do you believe that 6 would be an inappropriate question? 7 A. No, that would be appropriate. 8 Q. So, your -- your problem with this is 9 is calling later? A. 10 Yes. The NYPD teaches its officers to interact 11 with the community on various different levels and if an 12 officer goes to a job and the person says they got hit with 13 a bat and robbed, they got hit with a bat and robbed and 14 the officer puts that down. 15 there would be further questions in regards to that 16 complaint. 17 really departmentallywise is that that will go to the squad 18 and a detective assigned to that case would investigate 19 that crime. 20 21 Q. I don't know why later on The only further question in my feeling and Who do you believe was responsible for this downgrading of crime complaints? 22 MR. SMITH: Objection to form. 23 MR. KRETZ: Objection. A. 24 \0 ·. '"·-- / 25 Who actually did it or who gave the orders to do it? DIAMOND REPORTING (718) 624-7200 77 78 JOSEPH FERRARA 1 Q. Both. 2 A. Well, I believe it -- it -- it fell on crime 3 analysis people because they worked hand in hand with the 4 commanding officer in -- because crime analysis put 5 together all the complaints into a system and was able to 6 tally all the crimes up for the seven majors. 7 worked hand in hand with the CO in all the precincts that's 8 the way it was. So they In the 81 precinct it would be DI Mauriello, you 9 10 know, giving the orders to look at certain crimes. 11 would even say it at the -- at roll calls or COs' meetings 12 that the desk officers have to start looking at special 13 complaint reports that come in because the desk officer is 14 supposed to review the complaint reports, but it went on in 15 the -- in the 103. 16 just a general practice for commanding officers to try to 17 limit the amount of numbers that they have because the way 18 the job is if a CO has a rise in numbers and they want to 19 get promoted that will stop them from getting promoted. 20 21 22 23 Q. He It went on in the -- in the 40. It was Do you believe that this downgrading of crime complaints was official misconduct? A. I don't know if it was official misconduct. I felt it was misconduct. 24 ' -- j ~ Q. Did you ever report this misconduct to anyone? 25 A. No. DIAMOND REPORTING (718) 624-7200 78 79 JOSEPH FERRARA 1 Q. Why not? 2 A. Because if you -- if you go around reporting 3 stuff about your fellow workers or your commanding officer 4 then chances are you're going to get yourself jammed up 5 because there's -- there's that -- there's a perception in 6 the NYPD to punish people who try to do good stuff 7 sometimes. 8 making any kind of enemies with anybody or -- you know, I 9 was trying to just keep myself out of trouble and do the 10 11 So, I wasn't looking to get myself jammed up by right thing like I'm supposed to do. Q. And you believe that this quote, unquote numbers 12 game happened because Commissioner Kelly and the commanding 13 officers wanted to see crime go down, right? 14 15 MR. SMITH: MR. SMITH: A. question? THE WITNESS: 18 19 What was the answer to that Yes. 16 17 Objection to form. Q. Yes. Now, again, in your -- in your e-mail to 20 Mr. Norinsberg from August 11th you stated that cops are 21 also directed to write certain moving summonses, they're 22 frowned upon if they issue a brake light, taillight, 23 headlight summons, the cops have to write seat belt, cell 24 phone summonses 25 A. Yes. DIAMOND REPORTING (718) 624-7200 79 80 JOSEPH FERRARA 1 Q. -- do you recall that? 2 A. Uh-huh. 3 Q. So, the supervisors didn't want officers to come 4 in with just any kind of summons? 5 A. Yes. 6 Q. Do you know why? 7 A. There's numbers with that, too. The --the 8 executive officer of a command was in charge of traffic 9 conditions in the command. The CO was in charge of crimes 10 in the command and he goes to ComStat. The XO is in charge 11 of traffic conditions in the command and he goes to 12 TrafficStat. 13 So, the XO wanted to make sure that his numbers 14 looked good or better than last year's numbers in regards 15 to seat belts, cell phone summonses, because another part 16 of TrafficStat is accidents. 17 number of injuries and there was pressure on the XOs from 18 the chief of traffic to reduce accidents, to reduce 19 injuries and to increase summonses because they felt if we 20 gave out more summonses for cell phones and for seat belts, 21 less people would get injured, there would be less 22 accidents. The number of accidents, the 23 24 ··' ·~ In the -- in the 81 specifically on one of those tapes Captain Perez who was the XO at the time has a whole 25 big thing about how he doesn't care, he wants his number. DIAMOND REPORTING (718) 624-7200 80 81 JOSEPH FERRARA 1 They even had started in the 81 which I had never seen 2 before, they would make the supervisors on patrol document 3 as the patrol officers came in at the end of their tour 4 what did you write today, day by day, how many did you 5 write, what did you write. 6 7 Q. And that was in reference to these seat belts and cell phones? 8 A. Yes. 9 Q. Do you believe there was a quota policy in the 10 11 81st Precinct? A. No, I don't believe there was a quota, because 12 there was never a number set in stone, but there was 13 tremendous pressure put on officers to answer the radios, 14 write complaints, take care of people who needed, you know, 15 aid with hospitals and stuff, help with lost kids, help 16 finding people. 17 summonses throughout their day. 18 numbers from those officers. 19 officer answered 15 different jobs that day and didn't get 20 a meal, how many summonses did you write that day. 21 Q. But then they also had pressure to write They wanted to see those And they didn't care if the Did you believe there was a quota policy in the 22 81st Precinct requiring officers to issue a certain number 23 of UF-250s? 24 • \ .I '0 25 MR. SMITH: A. Objection to form. There was never a set number, but there was DIAMOND REPORTING (718) 624-7200 81 82 JOSEPH FERRARA 1 tremendous pressure for that, also, because that ended up 2 being statistic at ComStat number of 250s that were done. \ 3 4 Q. But there was never a number of UF-250s that officers in the 81st Precinct were required to issue? 5 A. No. 6 Q. Have you ever issued a UF-250 without reasonable 7 Not a set number, no. suspicion? 8 A. No. 9 Q. Did any supervisor ever tell you to stop someone 10 even if you did not have reasonable suspicion? 11 A. No. 12 Q. Have you personally observed another officer stop 13 someone without reasonable suspicion? 14 A. No. 15 Q. Did you ever lose overtime for failing to issue a 16 certain number of UF-250s? 17 A. No. 18 Q. Did you ever suffer a change 19 ~f tours as a result of failing to issue a certain number of UF-250s? 20 A. No. 21 Q. Were you ever denied vacation days as a result 22 failing to issue a certain number of UF-250s? 23 A. No. 24 Q. Was there a quota policy regarding the number of 25 summonses officers in the 81st Precinct were required to r ~ I ! DIAMOND REPORTING (718) 624-7200 82 I. ! 83 JOSEPH FERRARA 1 issue? "•J ..•J MR. SMITH: 2 3 A. Objection to form. Not a specific number per officer, but I believe 4 Captain Perez makes reference to a certain number that he 5 wanted for a tour. 6 7 Q. When you say for a tour, does that mean for the whole squad? 8 A. For that platoon. 9 Q. For that platoon, I'm sorry? 10 A. Yeah, a platoon would consist of two squads 11 usually working, so. 12 -- hypothetically, I need five cell summons today, cell 13 phone summonses from third platoon. 14 Q. 15 Precinct? 16 A. He would turn around and say I need And when did Perez become the XO of the 81st I really don't remember. When I got there in -- 17 when I got there in 2009 I don't believe he was there yet. 18 Somebody else was there. 19 I think Perez came in after. 20 got there. 21 Q. He left to go somewhere else and I'm really not sure when he So, if I told you that Captain Lauterborn was the 22 XO prior to Captain Perez, would that refresh your 23 recollection? 24 . ..... "·!)/ \-.~-·~· 25 A. Yeah, I remember Captain Lauterborn, yes, I just don't remember the dates. DIAMOND REPORTING (718) 624-7200 83 --------------------------------------------------------- 84 JOSEPH FERRARA 1 2 Q. Did you ever hear Captain Lauterborn give a quota for summonses to officers in the 81st Precinct? 3 A. No. 4 Q. And you said that Captain Perez gave a number of 5 6 five summonses per platoon? A. Not every day. I mean it depended on the day 7 what he needed, you know, because he would keep track of 8 his numbers on a daily basis platoon by platoon. 9 felt like oh, I had ten seat belt summonses last year this So if he 10 day I need ten today, you know, so it would vary as to what 11 he wanted. 12 13 14 Q. And when Captain Perez discussed summonses, was he discussing As, Bs and Cs? A. No, he was strictly concerned with B summonses, 15 because that -- B summonses have to do with moving 16 violations which impact traffic conditions. 17 Q. So, did you ever hear Captain Perez talk about a 18 specific number of C summonses that he wanted the platoon 19 to issue? 20 A. No, no. 21 Q. Have you ever issued a summons without probable 22 cause? 23 A. No. 24 Q. Did anyone ever tell you to issue a summons if 25 you did not have probable cause? DIAMOND REPORTING (718) 624-7200 84 85 JOSEPH FERRARA 1 A. No. 2 Q. Have you ever personally observed another officer 3 issue you a summons without probable cause? 4 A. No. 5 Q. Did you ever lose overtime for failing to issue a 6 certain number of summonses? 7 A. No. 8 Q. Have you ever suffered a change of tour as a 9 result of failing to issue a certain number of summonses? 10 A. No. 11 Q. Have you ever been denied vacation days as a 12 result of failing to issue a certain number of summonses? 13 A. No. 14 Q. When you said that Captain Perez had this goal 15 of, for example, five seat belts on -- on a platoon, was 16 there ever any punishment if the platoon was not able to 17 reach that number? MR. SMITH: 18 19 A. Objection to form. Not that I'm aware of, but he would get very 20 irate with the supervisors and come down on supervisors, 21 but I don't know if any actual punishment was ever mended 22 out. 23 24 \ <:J 25 Q. Did you ever see any police officers get punished for failing to bring in summonses for Captain Perez? A. No. DIAMOND REPORTING (718) 624-7200 85 86 JOSEPH FERRARA . ) 1 2 Q. Was there a quota policy in the 81st Precinct requiring officers to issue a certain number of arrests? MR. SMITH: 3 Objection to form. 4 A. Yes. 5 Q. And what -- what is a quota to you? 6 A. A set number that had to be seen by the 7 8 commanding officer during a specific period of time. Q. 9 10 And what was -- I'm sorry, strike that. How many arrests were officers in the 8lst Precinct required to make under this quota? 11 A. At least one. 12 Q. Per what period of time? 13 A. I don't remember if it was quarterly or if it was 14 for the year, because I know they used to run the officers 15 for the COs' meetings to see who had zero arrests still and 16 Mauriello would talk to that squad sergeant and say hey, 17 Jones doesn't have an arrest yet, why and they would, you 18 know, question the sergeant as to why the person doesn't 19 have an arrest, the officer. 20 21 22 Q. But you can't recall if it was one per quarter or one per year? A. No, it used to be one per year and then I think 23 it got knocked to down to maybe one a quarter. 24 summons activity used to be monthly, you know, officers 25 would do a monthly activity report and that was it. DIAMOND REPORTING (718) 624-7200 86 'Cause a In the 87 JOSEPH FERRARA 1 81 Precinct it was down to daily, that they were taking 2 activity reports from officers on a daily basis there. 3 4 5 Q. Who told you that officers at the 81st Precinct were required to make one arrest per year or per quarter? A. Mauriello said it -MR. SMITH: 6 9 You can answer. 7 8 Objection to form. A. Mauriello said it at the COs' meetings, he wanted every officer to have at least one arrest and that came 10 from the borough, he says it came from the borough because 11 the borough runs the officers, they don't want to see 12 anybody with no arrests. 13 Q. When were you told this? 14 A. Various different times in the 81 Precinct. 15 Q. When was the first time you were told at the 81? 16 A. Probably the first COs' meeting I went to which 17 had to be sometime after I got there, which sometime in 18 '09. 19 20 Q. Have you ever made an arrest without probable cause? 21 A. No. 22 Q. Were you ever told to arrest someone even if you 23 didn't have probable cause? 24 A. No. 25 Q. Did Inspector Mauriello ever tell officers that DIAMOND REPORTING (718) 624-7200 87 192 JOSEPH FERRARA i \ ·1 1 A. No. l 2 3 MR. SMITH: Q. Objection to form. Is there any other misconduct in the 81st· 4 Precinct that you are aware of that you have not yet 5 testified to today? 6 MR. SMITH: Objection to form. 7 A. No. 8 Q. Is there anything else relating to this lawsuit 9 10 that you haven't testified to that you would like to add now? 11 12 MR. SMITH: A. Objection to form. Just that, you know, commanding officers 13 shouldn't go around labeling cops that report allegations 14 as rats, that)s just retaliatory, it -- it causes other 15 supervisors to look at that officer in a different view and 16 they take actions against those officers based on that 17 perception. 18 should be spoken about by a CO. If the CO feels that way, 19 the CO should just keep it to himself and -- I mean, the 20 officer who is reporting an allegation of corruption or 21 misconduct has a right to do so confidentially which is 22 where IAB messed up because it got out, apparently, that 23 that Schoolcraft called up IAB and that's something that 24 that shouldn't have -- that's not supposed to happen in 25 IAB. I don't believe that that's something that DIAMOND REPORTING (718) 624-7200 192 193 JOSEPH FERRARA If a person reports something, especially 1 ........ ) · 2 uniformed member of the service, if you're reporting 3 something against another uniformed member of the service, 4 that's supposed to remain confidential because right away 5 now you're going to have, you know, tension between the 6 officer who reported and -- and the -- you know, the 7 subject. 8 don't report things in the NYPD any quicker is because of 9 experiences like this, situations like this. 10 11 Q. That's just not a fair tactic, it's why people How do you know that someone in IAB was the one who leaked Adrian Schoolcraft's name? 12 A. People were talking in the command. 13 Q. And what did they say? 14 A. Apparently IAB, I think, called up the TS, 15 telephone switchboard operator, and left a message for 16 Schoolcraft to call back or something, that doesn't 17 normally happen. 18 what I, you know, remember being, you know, overhearing. 19 20 21 Q. That's what I think, you know, that's So, when individuals are called to IAB for a PG hearing, how are they normally notified? A. I believe the ICO gets the phone call to notify 22 the subject in the precinct that they got to show up for a 23 PG hearing. 24 ' J ~ Q. And on what do you base that opinion? 25 A. My experience being in ICO's office when I was 41 DIAMOND REPORTING (718) 624-7200 193 194 JOSEPH FERRARA 1 40 Precinct. 2 Q. 3 4 So, when you were a desk sergeant or a lieutenant on the desk, you never got a call from IAB? A. I don't -- I don't believe so. No. And when I 5 was in IAB as a sergeant and a lieutenant the ICOs are the 6 ones we notified when we needed somebody to come down for a 7 PG hearing. 8 person's command and say, hey, listen, this is IAB, we need 9 Joe Blow to come down to talk to us, it wasn't like that, 10 We didn't notify -- we didn't call the that's not confidential. 11 An ICO is supposed to remain confidential, that's 12 what their duties and responsibilities are, is they're not 13 supposed to broadcast to other members of the command hey, 14 Joe Blow got a PG hear 15 PG hearing, that's one of their specific duties, is that 16 they remain confidential with information that they 17 possess. 18 Q. 19 a notification to come down for a So, it's your belief that IAB does not call the regular telephone switchboard to schedule PGs of officers 20 21 A. Absolutely. 22 Q. -- regardless of whether they're subject or 23 witness officer? 24 <) A. Yes. 25 Q. And so, it's your understanding based on what you DIAMOND REPORTING (718) 624-7200 194 195 JOSEPH FERRARA 1 \. overheard that IAB leaked Schoolcraft's name by leaving a 2 message in the switchboard for Adrian Schoolcraft? I 3 A. Yes. 4 Q. Is it your understanding that anyone from IAB 5 purposefully leaked his name? 6 A. No, I don't know. 7 Q. And when did you first hear about Adrian 8 Schoolcraft's name being linked with IAB? 9 A. I don't recall. 10 Q. Was it before October 31, 2009? MR. SMITH: 11 Objection to form. 12 A. I really don't remember when. 13 Q. Was it before your surgery? 14 A. Maybe, because I was out for a while after that 15 and Schoolcraft's name wasn't really coming up after I came 16 back to work, so it probably was before the surgery. 17 Q. Was there any other conversations you overheard 18 about Adrian Schoolcraft in the precinct that you have not 19 testified to already? 20 A. No. 21 MR. SMITH: Objection to form. 22 A. No. 23 Q. Did Captain Monteleone ever call you a rat? 24 A. No, I don't believe so. 25 Q. Is the testimony you've given here today complete DIAMOND REPORTING (718} 624-7200 195 196 JOSEPH FERRARA 1 and accurate? '\ 2 3 MR. SMITH: A. Objection to form. Yes. 4 MS. PUBLICKER METTHAM: 5 Mr. Ferrera. 6 Thank you, time. I have no further questions at this MR. KRETZ: 7 8 EXAMINATION BY 9 I have some questions. MR. KRETZ: 10 Q. Mr. Ferrera, hi. I'm Walter Kretz representing 11 Steven Mauriello. 12 your time at the 81st Precinct. 13 I'd like to get the timeline straight on Directing your attention to Exhibit A page 14 stamped 12145 which is an e-mail, apparently, that you 15 wrote to Mr. Norinsberg in August of 2010. 16 A. Okay. 17 Q. In the second -- the third to last paragraph you 18 indicate that I got jammed up in April 2009 and transferred 19 to 81 Precinct. 20 when you went to 81 Precinct? Does that refresh your recollection as to 21 Yes. 22 Q. Was it in April of 2009? 23 A. Yes. 24 \ ..J A. Q. Just to make certain, directing your attention to 25 page, in Exhibit A, 12174 and 175. DIAMOND REPORTING (718) 624-7200 196 219 JOSEPH FERRARA 1 Q. Hello, Mr. Ferrera, how are you? 2 A. Good. 3 Q. I'm going to ask you a few more questions. Thank you. I 4 know it's been a long day. 5 question, the way I ask it, it's not clear, let me know and 6 I'll try and rephrase it, okay? 7 A. Yes. 8 Q. If there's anything about the All right, great. You were asked questions earlier about the two 9 10 recordings that you made at the 81 CO meetings. And you 11 said that those were on February 18, 2010 and April 1, 12 2010; is that right? 13 A. Yes. 14 Q. And I think you said that you were at a meeting, 15 another COs' meeting prior to February 18, 2010 and at that 16 meeting DI Mauriello made some statements, right? 17 A. Yes. 18 Q. And those statements related to Schoolcraft; is 19 that right? 20 A. Yes. 21 Q. Can you tell me how many days, weeks, months or 22 23 . ::- ...... ... -; ·) ~ were made in relationship to the February 18, 2010 meeting 24 \ whatever other way you can measure it that those statements that you recorded? 25 A. It probably would have been right before this DIAMOND REPORTING (718) 624-7200 219 220 JOSEPH FERRARA 1 February 18th, so whatever CO meeting there was before that 2 it probably would have been at that meeting that I first 3 heard it or -- I don't know how -- you know, I don't recall 4 how often he had COs' meetings, but it probably would have 5 been the most recent one before that. 6 Q. Okay. So, sitting here today it's your belief 7 that that meeting which prompted you to make the recording 8 on February 18th happened two or four weeks, approximately, 9 before February 18, 2010? 10 A. Yeah, probably. 11 Q. Do you -- 12 13 MR. LEE: Q. Objection to form. Do you recall what Mauriello said at that 14 meeting, the one that preceded the February 18, 2010 15 meeting that you did record? 16 A. Just that Schoolcraft's a rat, something to that 17 effect. 18 word exactly what was said. 19 Q. Schoolcraft and a rat. I don't remember word for Did Mauriello say in your presence words to the 20 effect that he knew that Schoolcraft was a rat or that he 21 had been given information about that or ·anything like 22 that? 23 A. I think he said something to the effect that I've 24 '-~ __ /) got a heads up, but I really don't remember and that would 25 have been prior to those -- those two recordings. DIAMOND REPORTING (718) 624-7200 220 221 JOSEPH FERRARA 1 Q. The statement that Mauriello made about him I 2 getting a heads up, was that the same meeting where he 3 for that -- on that first occasion said that Schoolcraft is 4 a rat? 5 A. You know, I don't remember. 6 Q. Okay. So, the let me ask you this question, 7 you -- there was talk at the 81 after Schoolcraft was taken 8 to the Jamaica Hospital psych ward, right? 9 A. Yes. 10 Q. Do you recall or do you know whether or not the 11 statement that Mauriello made that he got a heads up about 12 Schoolcraft, did that happen before or after Schoolcraft 13 was taken to the Jamaica Hospital psych ward? MR. KRETZ: 14 15 16 A. Objection to form. Probably after the incident with him being taken to the hospital. 17 Q. All right. Why do you say probably after? 18 A. I really don't remember and the talk was that 19 Schoolcraft had a tape-recorder the night of this incident 20 with him going to the hospital, so I'm assuming that it 21 probably was after the incident that urn, that he -- I mean, 22 I'm just assuming, you know, that he said it after that 23 because now they found a tape-recorder supposedly that 24 night and you know. 25 Q. Okay. DIAMOND REPORTING So, it's fair to say that you're not (718) 624-7200 221 222 JOSEPH FERRARA really sure, it's hard for to you in pin down exactly when this statement by Mauriello that he got a heads up about 3 ) 1 2 \ Schoolcraft when that was; is that fair to say? 4 A. Yeah, it's hard to pin down. 5 Q. Okay. When you said that there was talk at the 6 81 about finding a tape-recorder, was that the same kind of 7 talk that you mentioned earlier in your testimony, you were 8 at the -- at the desk or near the desk and people were just 9 talking back and forth about what happened to Schoolcraft? 10 A. Yes. 11 Q. So, was is it fair to say that it was a 12 subject of discussion that Schoolcraft had a tape-recorder 13 on him the night that the commander officer at the 81 went 14 to his house? 15 A. Oh, it was part of the discussion, I don't think 16 it was the subject. 17 hospital, you know, being taken to the hospital that night 18 was really the subject and I think this was just another 19 piece that, you know, came of it. 20 21 22 Q. The bigger thing was him going to the And when -- when Mauriello said that he got a heads up, what is your understanding him to be saying? A. Well, my opinion was that somebody from either 23 24 .,_ ,• ·.) ~ quad or Internal Affairs Bureau told Mauriello hey, listen, we're looking at your command and you know, heads up, you 25 know, we're looking at your command. DIAMOND REPORTING (718) 624-7200 222 223 JOSEPH FERRARA 1 2 3 Q. Would that be an appropriate thing for an investigator of Quad or IAB to have done? A. Yeah, yeah, that shouldn't -- they are not 4 supposed to give COs a heads up to investigations, these 5 investigations are confidential. 6 7 Q. So, it would be inappropriate for IAB or Quad to give a heads up to the commanding officer, right? 8 A. Yes, it would be inappropriate. 9 Q. You mentioned that you were asked questions about 10 whether or not or why you would not trust an individual by 11 the name of del Pozo and I think what you said, I'm not 12 trying to characterize what you said, but I think what you 13 said was that he used to work for Campisi and on that basis 14 you said I wouldn't trust him. Do you remember that? 15 A. Yes. 16 Q. Can you explain why it is that you felt that it 17 was not a good idea to trust somebody who had previously 18 worked for Chief Campisi? MS. PUBLICKER METTHAM: 19 20 A. Objection. Captains and above stick together. So, it's 21 if you're below captain it is what it is and if you're 22 captain and above they all stick together. 23 del Pozo worked for Campisi, he's captain and above, that 24 there's a more -- I guess more loyalty to Campisi than 25 really to anybody else outside of IAB because he directly DIAMOND REPORTING (718) 624-7200 223 So, I felt like info@diamondreporting.corn 224 JOSEPH FERRARA 1 worked for him. 2 I believe he was the commanding officer of one of 3 the groups in lAB, so there was a close working 4 relationship between del Pozo and Campisi himself as well 5 as the other chiefs in the bureau. 6 Q. Had you ever heard of other occasions where COs 7 got a heads up about investigations that were going on 8 about their commands? 9 10 A. Yeah, I heard -- I've heard people talk that a CO was given a heads up. 11 Q. Where 12 A. I was in IAB because there was a group 56 CO who where were you when you heard this? 13 was -- Captain -- his name slips my mind, but he was the 14 group 56 CO after Lunetta. 15 investigations on him, you know, allegations of corruption 16 and misconduct within his group that was against him and he 17 knew about every single one of them. 18 somebody find out about it if somebody higher up in IAB is 19 not telling him? 20 Q. I think he had several You know. How does I got a little bit jumbled up about your career, 21 I'm sure you covered it, I'm just not clear. 22 bear with me. 23 24 25 I hope you For how years did you work at IAB? A. I believe all together it was five, I believe it was probably close to three years as a sergeant and maybe DIAMOND REPORTING (718) 624-7200 224 I I. 225 JOSEPH FERRARA 1 two years as a lieutenant. 2 maybe. 3 4 5 Q. Four plus years all together, Do you recall any other circumstances where COs got heads up other than the ones you've mentioned today? A. Just -- no, that -- that's really hit. I mean 6 people talk, you know, from group to group people talk 7 about this CO, that CO. 8 definitely, you know, I know that the group 56 CO 9 definitely got a heads up because my wife worked in group You know, I mean I can't say 10 56 until she retired and she was made aware that, you know, 11 there was allegations being made against that commanding 12 officer, so that I definitely knew because she knew. 13 As far as anybody else, I mean there was always 14 word of 15 IAB tipped off so and so and you know, because the job -- 16 the job tries to protect who they like, you know. 17 are-- there are some COs who get hit for fudging numbers 18 and they get transferred. 19 fudging numbers and they get told you got to leave, you got 20 to retire. 21 you know, there was always word that oh, yeah, There There are some COs who hit for Urn, the -- the CO in group 56 before Captain 22 Lunetta was this woman Captain Ferman, she was 23 African-American woman, she got caught fudging numbers 24 which was tied into the whole Brohenny thing that we spoke 25 about earlier with the computer misuse that he ran a nephew DIAMOND REPORTING {718) 624-7200 225 226 JOSEPH FERRARA ! 1 of a CO to see if he had a warrant, this was that captain. 2 So, she had this lieutenant run her nephew's name, but she 3 got caught up with fudging numbers. 4 she got to go, she got to retire. 5 we're going to move you somewhere else, you got -- you got 6 your 20 years in, you got to go. 7 Okay. She was told You know, there was no Urn, on patrol, certain COs -- there was a CO in 8 the 105 at some point who -- who ended up getting jammed up 9 for fudging numbers, he got moved. You know. So, it's 10 they protect who they want to protect. 11 know when they want to let people know to protect those 12 people, hey, listen, just so you know. 13 14 Q. They let people Did you have any direct interaction with Schoolcraft while you were at the 81 and he was at the 81? 15 A. Just hello. 16 Q. Did he ever do or say anything to you that -- 17 that indicated to you that he was anything but just a 18 regular police officer? 19 A. No. 20 MS. PUBLICKER METTHAM: Objection. 21 A. No. 22 Q. I think you were asked this, but I'm not sure. 23 24 25 Do you well, let me just back up. The incident where the CO went to Schoolcraft's house that occurred on October 31, 2009. DIAMOND REPORTING (718) 624-7200 226 And I think you 234 JOSEPH FERRARA t, \ .· ,i 1 she would use her cell phone while she was working on the 2 desk? 3 A. Well, I would say -MS. PUBLICKER METTHAM: 4 5 A. Objection. I would say she used her cell phone more than 6 other people who would be assigned to the desk. 7 don't have a lot of time to talk on the cell phone when 8 you're on the desk, there are so many things going on in 9 the precinct at that desk area and -- but I know she -- you 10 11 You really know, some people like to talk, you know, that was my -Q. Was she one of them? MS. PUBLICKER METTHAM: 12 Objection. 13 A. Yeah, that was my perception of her, was that she 14 she liked to talked on her cell phone, you know. I 15 didn't see her, urn, I didn't see her interact with people 16 in the -- in -- in the 81 as often as I've seen in the past 17 with other people. 18 she spoke to whoever she spoke to on the phone, that was 19 her form of communicating with other people. 20 21 22 Q. You know, it kind of looked to me like Do you have any recollection of her interacting or speaking with anybody at the 81 about Schoolcraft? A. No. MS. PUBLICKER METTHAM: 23 Objection. 24 A. No, I don't. 25 Q. You mentioned in your earlier testimony about how DIAMOND REPORTING (718} 624-7200 234 235 JOSEPH FERRARA 1 the job sometimes punishes people. 2 you ever heard of an expression called the blue wall of 3 silence? 4 A. Yes, I heard of that. 5 Q. What is that? 6 A. Well, my interpretation of the blue wall of In that context, have 7 silence is cops don't talk about what other cops do. 8 something is done wrong, cops don't talk about it. 9 10 What happens to a cop in your perception who does Q. talk about what other cops do? 11 12 If MS. PUBLICKER METTHAM: A. Well, they get labeled a rat. Objection. They get labeled a 13 rat and then their lives are made difficult by the other 14 members that they work with, whether it becomes people 15 don't want to work with that person anymore or cops are 16 known to flick -- flip other officers' lockers, so 17 everything that you have in your locker gets dumped upside 18 down. 19 the cop who said something and the cops didn't say 20 something. 21 Q. You know. You know, just general tension between In the, I think you still have it in front of 22 23 Commissioner Kelly. 24 ~~ you, Exhibit A, there's a memo or a 49 from you to Police 12153. 25 A. It's got a Bates stamp number of Could you put that document in front of you, sir? Yes. DIAMOND REPORTING (718) 624-7200 235

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