Schoolcraft v. The City Of New York et al
Filing
401
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 40, # 2 Exhibit POX 41, # 3 Exhibit POX 42, # 4 Exhibit POX 45, # 5 Exhibit POX 46, # 6 Exhibit POX 47, # 7 Exhibit POX 48, # 8 Exhibit POX 49)(Smith, Nathaniel) Modified on 2/17/2015 (db).
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
- - - - - - - - - - - - - - - - - ADRIAN SCHOOLCRAFT,
Plaintiff,
-against- Index No.
10CIV-6005 (RWS)
-
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THE CITY OF NEW YORK, 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 JOSEPH
GOFF, Tax Id. 894025, Individually and
in his Official Capacity, stg. Frederick
Sawyer, Shield No. 2576, Individually
and in his Official Capacity, SERGEANT
KURT DUNCAN, Shield No. 2483,
Individually and in his Official
Capacity, LIEUTENANT TIMOTHY CAUGHEY,
Tax Id. 885374, Individually and in his
Official Capacity, SERGEANT SHANTEL
JAMES, Shiel.d No. 3004, and P.O.'s "JOHN
DOE" 1-50, Individually and in their
Official Capacity (the name John Doe
being fictitious, as the true names are
presently unknown) (collectively referred
to as "NYPD defendants"), JAMAICA
HOSPITAL MEDICAL CENTER, DR. ISAK ISAKOV,
Individually and in his Official
Capacity, DR. LILIAN ALDANA-BERNIER,
Individually and in her Official Capacity
and JAMAICA HOSPITAL MEDICAL CENTER
EMPLOYEES "JOHN DOE" # 1-50, Individually
25
(Continued)
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and in
their Official Capacity
John Doe being fictitious,
3
names
as
(the name
the
true
are presently unknown) ,
4
Defendants.
5
-x
6
111 Broadway
7
New York,
New York
8
February 11,
2014
10:30 a.m.
9
10
VIDEOTAPED DEPOSITION of DR.
one of
LILIAN
11
ALDANA-BERNIER,
12
the above-entitled action,
13
above
14
Margaret Scully-Ayers,
15
Reporter and Notary Public of the State
16
of New York,
17
Rules
time and place,
the Defendants
in
held at the
taken before
a
Shorthand
pursuant to
the Federal
of Civil Procedure.
18
19
*
*
*
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21
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23
24
25
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ALDANA-BERNIER
When they bring in a
3
very agitated,
4
depending on
5
I'm sure
6
handcuffs.
7
Q.
patient
combative,
violent,
the nature of
their call,
they were being brought by
And do you recall
8
here any of names
9
of any of
as
you s i t
patients?
10
A.
No.
11
Q.
And do you recall
12
here a
13
those
from only your memory?
14
15
A.
as
you s i t
gentleman named Adrian Schoolcraft
Hold on.
You're saying from my
memory?
16
Q.
Yes.
17
A.
Because I
18
chart.
19
Q.
have been
Independent of
the
20
records,
do
you have any memory of Adrian
21
reading the
Schoolcraft?
MR.
22
23
form of
Objection to
the
the question.
You can answer.
24
25
CALLAN:
A.
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No,
I
don't.
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2
MR.
CALLAN:
3
MR.
SMITH:
4
There is
Q.
5
Was Mr.
a
Objection to
form.
Objection to form.
timing issue.
Schoolcraft's medical
6
chart as
i t existed at the
time
that you
7
saw him available to you at Jamaica
8
Hospital's emergency room?
9
A.
Yes.
10
Q.
Did you have physically Mr.
11
Schoolcraft's chart in your presence when
12
you evaluated him?
13
MR.
14
yes
to
15
that,
MR.
16
Q.
She already said
Counsel.
SMITH:
I
don't think
she
did.
17
CALLAN:
18
Did you have i t in your
presence when you evaluated him?
19
A.
I
20
Q.
Where were
saw i t before I
saw him.
the charts keep in
21
this psychiatric emergency room at least
22
as
23
24
25
i t was
A.
in November 2009?
I t ' s usually in the nursing
station.
Q.
212-267-6868
Are you familiar with the
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ALDANA-BERNIER
2
policies
3
Hospital with regard to
4
restraints
as
5
A.
Yes.
6
Q.
What is your understanding of
7
and procedures for
Jamaica
the use of
they existed in 2009?
that?
A.
8
A restraint a
usually applied
9
on a
patient who is a
10
or a
danger
11
someone is very agitated,
12
violent.
to
danger
the other patients or
aggressive,
They usually come
13
to himself
14
restraint,
four-point
15
applied for
16
to go monitor
17
minutes
18
or
in soft
impairment of circulation.
two hours,
restraints usually
and then
those restraints
to make
sure there is
staff has
every 15
no
19
Q.
20
restraint.
21
A.
Soft restraint.
22
Q.
What is a
23
A.
They are not leather.
You described a
I
type of
missed what you
said.
soft restraint?
24
were like Velcro,
25
they wouldn't be very constricting to the
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They
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2
ALDANA-BERNIER
hand or the wrist of the patient.
3
Q.
4
restraints
5
Are
those
the only type of
2009?
that Jamaica Hospital used in
6
A.
Yes.
7
Q.
And who makes
the decision
8
regarding whether or not restraints
9
to be applied to a
10
A.
are
patient?
When the doctor is not present,
11
any nursing staff that's
12
decision i f the patient should be
13
restrained.
14
there can make a
What they do is call
15
and they will
16
patient is going to be restained,
17
30 minutes
18
check the patient.
Q.
19
tell
the doctor
the doctor
that doctor has
When a
that a
and in
to go and
patient was brought in
20
in handcuffs
21
was
22
to whether or not that person should be
23
put into hospital
there a
at Jamaica Hospital
procedure for
in 2009,
assessment as
restraints or not?
24
A.
Repeat that again.
25
Q.
Sure.
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When a
3
the
hospital,
4
handcuffs
in
5
procedure
for
6
that patient
7
restraints
8
A.
9
patient is
patient was
Jamaica Hospital,
2009,
was
there
should be put in
on
the
or not
the
in handcuffs
room and
case.
taken
emergency
11
agitated or violent and a
12
community of
13
be restained.
14
kind of patients,
the patient
the ER,
soft
16
in handcuffs,
17
the
If
to
the
our
is
danger
to
then he will
a
Q.
Why
20
A.
If
in
then placed into
correct?
Yes.
19
those
violent patient comes
restraints,
A.
to
violent patients.
they were
18
that
have
We usually restrain
When
soft
hospital
that you described?
Depends
Q.
a
in
determining whether
10
15
brought into
21
them as
22
to
a
Q.
24
restraints
25
in 2009
212-267-6868
that?
they are violent,
potential danger,
restrain
23
is
then
see
we have
them.
Are
the
i f we
the
only appropriate
to be used at
Jamaica Hospital
soft restraints
that you have
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been describing?
MR.
RADOMISLI:
MR.
3
CALLAN:
Objection to
form.
4
5
6
Q.
join the
objection.
7
I
Does good and accepted medical
8
practice require when a
patient was
9
brought in in handcuffs
that the hospital
10
replace
those handcuffs with soft
11
restraints
12
in 2009?
MR.
13
A.
Objection to
form.
14
RADOMISLI:
Not all handcuffs
15
restraints.
16
think
17
i f they are going to be destructive,
18
have
19
I'm trying to
are soft
say if we
they were violent and a
danger or
we
to put them in restraints.
Q.
When you
say not all
20
people are put in restraints,
21
people
22
from handcuffs and put into
23
handcuffed
are all
restraints?
that need to be restrained removed
soft
24
A.
If
25
Q.
Bow soon after admission in
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2
handcuffs
should the patient be put into
3
soft restraints?
4
A.
5
triage
6
that the patient needs
7
restraints because
8
soon as
9
room,
10
They go
assess
through
triage.
If
the patient and they assess
they were violent,
they come into
we have
to
to be on
as
the emergency
take off
the handcuffs
and put them on four-point
restraints.
11
Q.
Why is
12
A.
Because they are dangerous.
13
That's
14
they are dangerous,
15
on restraints.
16
after
Q.
that?
the assessment.
Am I
we have
correct once
17
brought into
18
handcuffs
19
the hospital,
20
make decisions
21
type of restraints
If we know
to put them
a
Jamaica Hospital
and
they become a
physicians
patient is
in
patient of
are going to
about restraints
to be used,
and the
correct?
22
A.
Yes.
23
Q.
Not the police officers,
24
25
correct?
A.
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No,
they don't have
a
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role,"
4
A.
ALDANA-BERNIER
When you
say
"they don't have a
what do you mean?
They don't have a
role
in
5
deciding i f our patient should be
6
restrained or not.
7
Q.
If a
patient is handcuff and
8
the hospital wants
9
they should be removed,
10
MR.
RADOMISLI:
MR.
CALLAN:
11
the handcuffs
removed,
correct?
Objection to
form.
12
Objection to
13
A.
The handcuffs?
14
Q.
Yes.
15
A.
If we
form.
16
clarify that.
17
ahead.
think
they have
There are many,
to
--
many -- go
Can you clarify it?
18
MR.
SUCKLE:
19
something else.
20
Q.
We will move onto
Did you have any role
21
writing any written rules
22
with regards
23
in
Hospital?
24
25
A.
Do
to
I
restraints
have a
role
or regulations
at Jamaica
--
I
s i t in in one of those sessions,
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2
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yes.
Q.
3
In order to comply with Section
4
9.39 of the Mental Hygiene Law,
5
to f i l l
6
form?
out a
A.
7
I
9
10
release of information
have
In
8
you have
to go back.
I'm sorry.
the emergency room,
not get release of information,
we do
only in
the inpatient unit.
Q.
11
Did you ever f i l l
out any form
12
in order to comply with Section
13
the Mental
14
it?
15
16
A.
Hygiene Law,
9.39 of
as you understand
Just those forms,
the
9.39
form.
17
Q.
What are
18
A.
Those are legal forms.
19
Q.
What is
20
legal forms,
21
those forms
for?
the purpose of those
understand it?
22
A.
do you know,
The purpose of those
23
forms
24
think:
25
himself and that he needs
212-267-6868
as you
is
just for
if
the reason
the patient is a
legal
that you
danger
to
to be
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stabilized in a
3
Q.
It's
4
A.
hospital.
No.
MR.
5
for
your own benefit?
CALLAN:
Objection to
form.
You're recharacterizing her answers.
6
MR.
7
SUCKLE:
I'm asking.
8
A.
It's
9
Q.
Whose benefit is
10
A.
For the benefit of
not for my benefit.
11
society as well as
12
i t for?
the whole
society.
Q.
13
Is
the patient and whole
i t important to be accurate
14
in your recordkeeping in a
hospital
15
chart?
16
A.
Repeat the question.
17
Q.
Is
i t important to be accurate
18
in your recordkeeping and note keeping in
19
a
hospital
chart?
20
A.
Yes.
21
Q.
As
22
A.
Yes.
23
Q.
Why?
24
A.
I t ' s for
25
a
MR.
212-267-6868
physician?
the
SUCKLE:
sake of patient.
Do you need to
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1
2
a
ALDANA-BERNIER
break?
3
THE REPORTER:
4
MR.
5
We
SMITH:
No.
Let's
are going off
take
the
a
break.
record at
11:51.
6
[Discussion held off
7
the
record.]
8
[Whereupon,
9
recess
10
was
a
at 12:13 p.m.,
the
taken.]
[Whereupon,
11
at 11:51 a.m.,
testimony continued.]
12
13
MR.
SMITH:
Back on
14
Q.
Doctor,
16
your f i r s t
note
17
2nd,
record
12:13.
15
the
at 3:10p.m.
2009,
in
you had indicated to us
the chart was November
And do you know whether or not
18
19
the patient had been evaluated from a
20
psychiatric prospective at any
21
to your
time prior
note?
22
A.
You're asking me
23
Q.
I'm asking do you
24
or not
the patient had to be evaluated
25
from a
psychiatric prospective at any
212-267-6868
if
--
know whether
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2
time prior to November 2,
2009,
3
at any
time before you made your note?
4
A.
Yes.
5
Q.
Did you review the chart of Mr.
6
Schoolcraft prior to
7
November 2nd,
2009,
seeing him on
at 3:10p.m.?
8
A.
Yes.
9
Q.
Why did you do
10
A.
To be able
that?
to know the patient
11
and see what's going on and get
12
information about the patient.
13
Q.
And when for
the first
time did
14
anybody do any kind of psychiatric
15
examination or assessment of Mr.
16
Schoolcraft in Jamaica Hospital
17
you're aware of?
18
19
20
21
A.
That is when he was
that
in the
medical ER.
Q.
And did you
see a
note of
that
evaluation?
22
A.
Yes,
23
Q.
What is
24
that note?
25
A.
212-267-6868
i t ' s here
[indicating].
the date and time of
I t ' s 11/1/2009 at 6:30
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2
ALDANA-BERNIER
morning.
3
MR.
4
THE REPORTER:
5
At what time?
6:30
in
the
morning.
MR.
6
7
LEE:
SUCKLE:
Just give me a
second.
8
MR.
9
THE WITNESS:
Did you see 11/1?
Yes,
11/1/2009 at
10
6:30
11
Q.
And this
12
A.
Dr.
13
Q.
Spell
14
A.
L-E-W-I-N.
15
Q.
I t says 1 of 3 on top,
16
A.
Yes.
17
Q.
It's a
18
in
SMITH:
the morning.
is a
note by who?
Lewin.
that?
correct?
three-page note,
correct?
19
A.
Yes.
20
Q.
And i t ends and the
21
end with a
22
correct?
three pages
note on 11/1/09 at 6:30a.m.,
23
A.
Yes.
24
Q.
This
25
Form. "
212-267-6868
What is
is called a
"Consultation
that?
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2
ALDANA-BERNIER
When
3
consult,
4
Q.
is
a
write our notes.
5
this
the doctor calls for
the form that we use
What was
the purpose of having
6
Mr.
7
from your review of
9
10
Okay.
patient was
Q.
if you recall,
the chart?
It said in here
psych consult was
11
12
Schoolcraft evaluated,
A.
8
to
that a
called and reported as
acting bizarre.
Did you read this
your evaluation of
13
A.
Q.
Is
to
the patient?
Yes.
14
note prior
this
one of notes
15
read prior to coming here to
16
preparation for your
testify in
testimony
17
A.
Q.
And were you able
today?
Yes.
18
that you
19
note,
20
the handwriting,
to
read the
when you read
it
21
A.
Yes.
22
Q.
-- back in 2009?
23
A.
Yes.
24
Q.
Have you
25
seen Dr.
Lewin's
handwriting before?
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see
ALDANA-BERNIER
2
do you
that?
3
A.
Yes.
4
Q.
Doctor,
when you wrote your
5
note of November 2nd,
6
that a
7
right wrist with
8
officer made
9
loosen a
nurse
noted
2009,
did you know
"with redness
the handcuff,
on
the
police
aware and requested
to
l i t t l e bit yet refused."
10
Did you know about
that note
11
when you made your note of November 2nd,
12
2009?
A.
13
14
This
is
a
medical
ER note
[indicating].
15
Q.
So you did not know?
16
A.
I
17
Q.
Just
didn't have
so
that note.
I'm clear:
18
know that a
19
officer
20
police officer refused,
21
that?
to
nurse had asked a
You did not
loosen
police
the handcuff,
that the
you did not know
22
A.
No,
23
Q.
Looking at that same note,
24
nurse's
25
5:54
did not know
assessment,
a.m.,
212-267-6868
I
do you
November
see
that.
1st,
the
2009,
that note?
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2
A.
Yes.
3
Q.
Were you aware when you first
4
saw Mr.
5
to
6
feel
7
when you wrote your note
8
2009?
9
10
11
the
Schoolcraft that he had reported
nurse,
"My wrist is
anything now,"
A.
No,
numb,
did you
because
I
I
know
don't
that
on November 2nd,
don't have
this
record.
Q.
Did you
see
that
this
note,
12
that same note starts,
13
progress"?
14
A.
Yes.
15
Q.
Do you know whose psych consult
16
that was,
was
that Dr.
this
"Psych consult in
Tariq?
17
A.
No,
18
Q.
And do you know i f Dr.
or made a
was Dr.
19
wrote
note
20
regarding Mr.
21
numb and he doesn't feel
Lewin.
that you
Lewin
saw
Schoolcraft's wrist being
anything?
22
A.
She didn't write anything.
23
Q.
And Doctor,
does good and
24
accepted medical practice require
25
loosening of a
212-267-6868
handcuff when
it's
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2
redness
to
ALDANA-BERNIER
the wrist?
3
MR.
RADOMISLI:
4
MR.
LEE:
5
MR.
RADOMISLI:
6
Karbala
Objection.
Also under
[phonetic].
MR.
7
Objection.
SUCKLE:
8
Q.
is prior,
not
subsequent.
9
This
10
Does good and accepted medical
practice require
11
MR.
the loosening
CALLAN:
12
Q.
is
a
nursing
question as well.
13
This
Does good and accepted medical
14
practice require
15
causing redness
loosening of a
to
handcuff
the wrist?
16
MR.
LEE:
17
MR.
CALLAN:
18
You can answer if you can,
19
Doctor.
I
Objection.
mean is
Objection.
there a
course in
20
21
MR.
RADOMISLI:
Objection.
22
MR.
CALLAN:
there a
23
in medical
24
25
MR.
Witness.
Is
course
school about handcuffs?
SMITH:
You cannot coach the
Cut i t out.
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1
2
3
MR.
to
SUCKLE:
attach
MR.
this
CALLAN:
Bring that
MR.
SUCKLE:
to
Judge
So you are
Sweet.
6
7
confident you can
8
make
9
your position,
talk over us
speaking objections?
MR.
10
11
We will
our motion papers.
4
5
ALDANA-BERNIER
12
MR.
that
Counsel?
CALLAN:
that you have
Is
and
No.
My position is
--
SUCKLE:
Is
that
the
13
disrespect that you have for
14
Court?
MR.
15
CALLAN:
Ask
the
relevant
16
questions.
You have been doing
this
17
long enough
to
teach
18
you
they do
about handcuffs
MR.
19
know
SMITH:
20
Witness.
It's
21
completely wrong.
in medical
school.
You cannot coach
totally improper.
the
It's
You know i t .
Should we call
22
not
the Court and ask
23
them to
24
are
not entitled to do.
You are
25
law department kid that
just got
212-267-6868
tell you which you
know you
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1
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2
MR.
SHAFFER:
3
MR.
SMITH:
4
MR.
CALLAN:
5
smear on
the
6
Q.
Come on.
I
think
that's a
of New York.
7
Objection.
law department of State
Does good and accepted medical
8
practice require
that a
9
loosened i f
causing redness
10
it's
handcuff be
to
the
wrist?
11
MR.
RADOMISLI:
12
MR.
LEE:
13
MR.
SUCKLE:
You can answer.
14
MR.
CALLAN:
You can,
15
A.
Objection.
Doctor,
go
ahead.
16
Objection.
17
If
you have
to
20
Q.
release
RADOMISLI:
When you
the
yes,
release the. restraints.
MR.
18
19
the patient complains,
Move
to
strike.
say that you have
restraints,
to
what do you mean?
21
A.
Loosen i t .
22
Q.
Going back to your previous
23
conversation about soft restraints,
24
long had Mr.
25
hospital,
212-267-6868
Schoolcraft been
i f you know,
prior
in
to
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this
note
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L.
1
2
3
4
5
of 2
a.m.
ALDANA-BERNIER
2009?
Be was admitted,
A.
on November 1st,
arrived at the
hospital 10/31/2009 at 23:03.
Q.
So at this point,
i t had been
6
more than
7
hospital by the time of that note of 2
8
a.m.,
9
correct?
A.
10
two hours he had been in the
That's
-- let me see,
hours.
11
MR.
12
THE REPORTER:
13
Q.
RADOMISLI:
Doctor,
seven
Sorry.
Seven hours.
continuing on the
14
further
nursing notes,
15
am referring to.
16
the hospital record?
17
18
MR.
here's
the page I
Can you find
LEE:
that in
What notes
are we
talking about?
19
MR.
SUCKLE:
November 1
20
November 3rd nursing notes.
21
Q.
Do you have
22
A.
Yes.
23
Q.
We are looking at a
through
24
hospital chart.
25
11/1/2009.
212-267-6868
it?
page in the
At the top i t ' s dated
And the first entry is
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2
There is
3
and the nurse hasn't seen the patient,
4
and i t ' s an emergency,
5
the patient.
6
Q.
times
that the patient comes,
we have
My question is:
to go see
Did you review
7
the records
of psychiatric emergency room
8
that exist for
9
you would examine the patient?
a
patient at the
10
A.
I
11
Q.
So do you recall
12
13
14
15
16
do review the records,
reviewed this
A.
I
time
then
that
yes.
that you
nursing assessment?
do not recall
that,
but I
usually review the records.
Q.
So your habit and custom would
have been to
review this
17
A.
Yes.
18
Q.
Doctor,
form?
on this
form on the
19
first page i t says,
"circumstances
20
leading to admission."
21
on the first page of that form,
22
circumstances
Do you
see that
leading to admission?
23
A.
Yes.
24
Q.
Actually,
25
before,
212-267-6868
l e t ' s go up
the line
"patient's chief complaint,"
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1
ALDANA-BERNIER
MR.
2
answer,
3
CALLAN:
Did you
or do you have more
THE WITNESS:
4
say
finish your
5
to
that
6
but i t was
7
I
Yes.
I
to
say?
was
trying
agreed that he was
calm,
not only
the decision
that
you have
to make or
the decision
that
8
I
I
9
that brought him to
Q.
10
11
made.
was
looking at all
So you were
happened in his
the hospital.
told about what
apartment?
12
A.
Everything,
13
Q.
And you were
yes.
considering what
14
you were
15
arrived in
16
A.
That's
17
Q.
And do you know who
18
James
factors
told by the police when
the hospital,
they
correct?
correct.
Sergeant
is?
19
A.
No,
20
Q.
Did you ever
21
James?
22
A.
No,
23
Q.
Did you ever
24
to
25
information
I
I
don't.
don't
speak
--
I
to Sergeant
did not.
see any reference
Sergeant James providing any
212-267-6868
that was
recorded in
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2
L.
hospital
ALDANA-BERNIER
record?
3
A.
It's
4
Q.
In
in
the
record.
that context you
5
Sergeant James
because his
6
in
know of
correct?
the
record,
7
A.
That's
8
Q.
And you
9
about
the
the
name
correct.
know
some of
history about what
10
in
11
A.
That's
13
Q.
When
the
things
took place
James?
12
appears
apartment came from Sergeant
14
of you,
he was
15
what
this
not
in
the
record.
patient was
in need of
in front
correct?
16
A.
That's
17
Q.
And when he was
he was
correct.
18
you,
19
behaviors
20
he was
21
A.
That's
22
Q.
And he was
in front
not exhibiting any
that would lead you
of
of
the
to believe
homicidal?
correct.
23
not exhibiting any of
24
would lead you
25
suicidal,
212-267-6868
restraints,
leading you
to
the behaviors
that
to believe he was
correct?
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1
2
Q.
ALDANA-BERNIER
Am I
MR.
3
correct?
RADOMISLI:
4
form.
5
A.
That's correct.
6
Q.
So
Objection to
7
the residents had evaluated
him and made notes,
correct?
8
A.
Yes.
9
Q.
And you were
10
the emergency room,
the director of
correct?
11
A.
Correct.
12
Q.
And you had this patient in
13
front
of you,
correct?
14
A.
Yes.
15
Q.
And you had the wherewithal,
16
you had the chart in front of you,
17
correct,
when you saw the patient?
18
A.
That's correct.
19
Q.
And you had the ability and did
20
in fact make notes
in
the chart,
21
A.
That's correct.
22
Q.
Just so we are clear:
correct?
23
not make any independent notes
24
your own findings
25
examination,
212-267-6868
You did
regarding
during your
correct?
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1
2
A.
3
the notes
That's
of
Q.
4
ALDANA-BERNIER
correct.
I
agreed with
the resident.
Doctor,
do you believe not
5
making any notes
6
examination and findings
7
Mr.
8
and accepted medical practice?
9
regarding your
Schoolcraft was
A.
I
have
with
regard to
in the bounds
the residents
10
that patient and I
11
notes
12
regards
to
13
since
agreed with
14
of good
that saw
considered that as my notes.
15
16
so
I
Q.
agreed with
that is my --
the agreement with
the notes of the
I
their
residents
the above,
I
understand when you
say you
considered i t .
The question is:
17
Does good and
18
accepted medical practice require you
19
make your own notes
20
examination and assessment of
21
patient?
MR.
22
23
form of
25
A.
212-267-6868
If
regarding your
CALLAN:
the
Objection
to
the
the question.
You
24
to
can answer.
I'm agreeing with
notes
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L.
2
be cautious
3
himself or to others.
4
reason
6
was
a
that he could be a
Is
Q.
5
ALDANA-BERNIER
that the entirety of the
that you came to
danger
MR.
CALLAN:
8
MR.
LEE:
A.
the opinion he
to himself and others?
7
9
danger to
The fact
Objection to form.
Objection to form.
that he had to be
10
brought in from his house where he
11
barricaded himself and he had to be taken
12
away and he was bizarre and agitated at
13
the
14
home,
15
that you have
16
because then
17
why
18
prevent a
time when he was brought in from his
I
19
I
think
those are all
to
I
take in consideration
am trying
to
--
the reason
kept him is because I'm trying to
disaster.
MR.
SMITH:
I'm sorry what was
the last part?
20
21
[The requested portion of the
22
record was
23
Q.
Prevent a
24
A.
Obviously,
25
the factors
the
read.]
disaster to whom?
i f you hear all of
stories about the Navy yard disaster,
212-267-6868
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ALDANA-BERNIER
2
the Range Rover disaster with cops.
3
you
4
individual.
5
that will
try to fast
7
happened.
you always
8
factors
9
to others
forward with an
I'm trying to prevent things
As
6
If
an emergency room doctor,
have
to
think of all
that will make a
of
person a
the
danger
like presence of weapons,
10
he have accessibility to weapons
11
does
was paranoid.
12
At
13
maybe he was
So
the
time
really a
a
I
was
and he
thinking that
danger
to
himself.
paranoid person,
14
Q.
15
accessible
16
to himself and others?
A.
17
to weapons,
Plus
the
made him a
danger
other information that
18
we got when
19
have
20
was barricaded in his
21
agitated at
22
emergency room.
to
they went to his
take him out from his
the
house;
to
They
house;
he
and he was
time when he was
You have
23
house:
take all
of
in
the
those
24
into consideration and find out why was
25
he behaving this way.
212-267-6868
You cannot see
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L.
ALDANA-BERNIER
2
anybody that he was going to need that
3
type of restraint and then injection,
4
correct?
A.
5
6
7
8
so
I
Be was
didn't have
Q.
not agitated at the
time
to inject him.
You indicated that you wanted a
second opinion earlier,
correct?
9
A.
Yes.
10
Q.
Did you write a
11
12
second opinion or a
A.
No,
I
request for
a
consult?
just have
to call my
13
associate chairman and present to him the
14
case,
15
with me.
16
17
and I
Q.
spoke with him and he agreed
Who is
the doctor
that you
called?
18
A.
Associate chairman.
19
Q.
Who is
20
that you
the associate chairman
spoke with?
21
A.
Dr.
Dhar,
22
Q.
Dr.
Dhar is
a
23
A.
Yes.
24
Q.
Dr.
Dhar is
his
25
chairman.
212-267-6868
What is
D-B-A-R.
psychiatrist?
associate
that?
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L.
ALDANA-BERNIER
2
A.
Next to
3
Q.
Who
is
4
A.
Dr.
Vivek.
5
Q.
Can you
6
A.
V-I-V-E-K.
7
Q.
When you
8
did you
9
don't
11
spell
that?
say you
spoke
to him,
to him on the phone or you
Call him downstairs
presented the
Q.
12
the chairman?
recall?
A.
10
speak
the chairman.
case
When you
13
case
to him,"
14
history that you
to him.
say
did you
15
A.
Q.
Do you
"you presented the
tell
him about
the
took?
Yes.
16
and I
remember actually having
17
this
conversation,
18
standard practice that you described?
19
A.
20
when a
21
I
When
it's a
decision has
would say i t ' s
22
Q.
23
having
24
A.
I
25
Q.
You
212-267-6868
or is
that your
decision,
to be made
like,
wherein
standard practice.
You don't recall
actually
the conversation?
recall
that I
recall
in
spoke
this
to him.
case
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2
ALDANA-BERNIER
speaking to him?
3
A.
Speaking to him.
4
Q.
What time of day did you speak
5
to him?
6
A.
That was
7
Q.
And is
the afternoon.
the associate chairman
8
the person that you generally call
9
a
10
second opinion for
to get
admission under the
Mental Hygiene Law?
11
A.
Yes.
12
Q.
Why do you
recall
this
13
particular incident with regard to Mr.
14
Schoolcraft when you got the second
15
opinion:
16
i t to your mind?
17
A.
Is
I
there anything that brings
recall
that because every
18
police officer that comes
19
hospital,
20
Q.
I
to our
try to get second opinion.
When you say
"every police
21
officer,"
how often have you had police
22
officers brought to your hospital
23
emergency psych ward?
24
A.
I
25
Q.
to
the
Hundreds?
212-267-6868
could not recall how many.
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ALDANA-BERNIER
2
risk,"
can you quantify that for me at
3
all what you mean by potential?
A.
4
The patient comes
acting bizarre.
in barricaded
5
himself,
6
in from his house.
7
officer who may have access
to weapons,
8
easy for him to have access
to weapons.
9
Be is paranoid.
I
Be was brought
It was
a
police
would think
that maybe
10
i t would be safe if the patient will be
11
admitted.
Q.
12
13
So your thought he might be
safe if he was
admitted?
14
A.
If he was admitted.
15
Q.
That's what you were
16
about when you say potential
17
talking
correct?
A.
20
All of the above that I
Q.
18
19
risk,
told
Can you quantify what you mean
you.
21
by potential
22
likelihood of risk?
23
"potential"
24
you quantify that for me?
25
A.
212-267-6868
risk as far
as
the
This word
that you have been using,
When you say "quantify,"
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L.
1
2
ALDANA-BERNIER
do you mean?
3
Sure.
Q.
Well,
4
I
you used the word
would like to know what
5
"potential."
6
you mean by potential.
If you think of the navy yard
A.
7
8
disaster,
9
He was
was he an officer or army man?
so quite,
no one ever found out
10
what was going on with him.
11
happened then?
12
So what
Or if you look at all of those
Who are all of these
13
--
the Range Rover.
14
people that caused that?
15
police officers.
16
So if I
They are all
think then I
17
make sure that when
18
the ER,
19
that there will be no disaster,
20
will be no destruction,
21
get harmed when they were discharged from
22
the ER.
23
24
25
Q.
I
I
see a
have to
patient in
have to think in the future
I
there
or no one will
was asking about what you
meant by potential.
A.
212-267-6868
That's
the potential.
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1
Q.
2
ALDANA-BERNIER
So if
there is any potential at
3
all,
you want to make sure that the
4
patient is
5
A.
Correct.
6
Q.
And if there is any potential
safe,
7
at all,
8
community is
correct?
you want to make sure
safe,
the
correct?
9
A.
That's correct.
10
Q.
And if there is any potential
11
at all,
12
Schoolcraft,
A.
14
16
correct?
MR.
13
15
you were going to admit Mr.
I
Objection to form.
With all of those reasons,
would have
Q.
LEE:
yes,
to admit him.
When you admitted him to
17
emergency room,
18
the
and regulations
MR.
19
20
Q.
there were certain rules
SUCKLE:
When he was admitted to
21
psych floor,
22
regulations
23
about clothes
24
visitors can come,
25
A.
212-267-6868
Withdrawn.
the
there were certain rules and
in the psych ward,
they wear,
correct,
what hours
correct?
Yes.
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1
2
and some aren't HMOs.
And does
3
4
the federal
require prior approval
5
A.
6
to ask
7
Q.
8
ALDANA-BERNIER
If
for
they are
on
their Medicare?
not HMOs,
you don't
authorization.
How about Medicaid,
approval
government
is prior
required before admission?
9
A.
No.
10
Q.
Just as
11
a
housekeeping thing:
Are you paid for your overtime hours?
12
A.
No.
13
Q.
You have actually in
14
you,
you
15
affairs
16
Department did come
17
on
the
know at
from
MR.
does
19
to
CALLAN:
of you,
Is
question,
that?
SUCKLE:
Yes.
Based on
23
A.
Yes,
24
Q.
What is
25
A.
That's 11/2/2009,
22
correct?
that a
Q.
21
internal
the hospital based
in front
she know
MR.
20
some point IAB,
of
the New York City Police
records
18
front
the
record in front
of
you?
212-267-6868
I
know
there
is
the date of
a
note.
that note?
five
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1
2
ALDANA-BERNIER
in the afternoon.
So
that note was
in
3
Q.
4
before you
5
the chart
mental hygiene admission form,
signed your November 3rd,
correct?
6
A.
That's correct.
7
Q.
So you know that internal
8
affairs had come to
9
you decided to admit Mr.
10
MR.
Schoolcraft to
the hospital?
11
the hospital before
CALLAN:
Objection.
She
12
testified earlier she made
the
13
decision
14
on
the 3rd.
She filled
15
on
the
You're mischaracterizing
16
testimony.
17
Q.
to admit him on the 2nd not
3rd.
Before you filled
out the form
out the form
18
to admit Mr.
Schoolcraft under
19
Hygiene Law,
you knew that IAB had come
20
to
the hospital,
MR.
21
the Mental
correct?
SHAFFER:
Objection.
22
A.
The notes are here from 11/2.
23
Q.
So
the answer is yes,
you knew
24
that IAB had come to the hospital before
25
you signed the admission forms
212-267-6868
on 11/3,
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correct?
A.
3
I
must have
read the notes.
4
MR.
5
THE WITNESS:
6
Q.
What was
I
the answer?
must have read
the note.
7
SMITH:
Did you speak to
the officer
8
from
IAB and ask them whether or not Mr.
9
Schoolcraft had told them the
10
the problem with his
11
story about
Schoolcraft told to you?
12
MR.
13
A.
14
not there.
15
SHAFFER:
there anymore
16
Q.
17
from
18
was
supervisor that Mr.
Objection.
I t was at five
I t was
at 9:30.
was
I'm not
[indicating].
In fact one of the officers
taped to
the chart,
MR.
CALLAN:
correct?
She said she wasn't
20
there when they were
21
Q.
you,
I
IAB stapled -- gave his card and i t
19
22
o'clock.
there.
The chart you have in front of
correct?
23
A.
Yes.
24
Q.
Yes.
25
And when you went to
your admission under
212-267-6868
sign
the Mental Hygiene
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2
Law on November
3
chart,
MR.
MR.
MR.
things
10
11
in the
SUCKLE:
CALLAN:
Let her answer.
she'll
If
tell me.
You're making these
up in your question.
MR.
nothing.
12
How do we know when
stapled in?
she doesn't know,
8
9
CALLAN:
the card was
6
7
that card was
correct?
4
5
3rd,
SUCKLE:
I'm making up
I'm --
MR.
CALLAN:
You are.
13
the
14
the card.
15
MR.
SUCKLE:
I
16
MR.
CALLAN:
Who
MR.
SUCKLE:
Nobody,
You said
17
lAB officer stapled the card into
20
21
22
23
stabled that
in?
18
19
didn't say that.
Q.
question,
A.
remember
Q.
it's
Can we have an answer
to
taped.
the
please?
I
don't remember.
seeing this
If
I
do
not
card.
that card was
in
the chart,
24
would you have called that officer from
25
internal
affairs
to verify Mr.
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2
Schoolcraft's
story?
3
MR.
CALLAN:
4
MR.
SHAFFER:
5
MR.
SMITH:
6
THE REPORTER:
Objection.
Objection.
What was
I
the answer?
didn't get an
7
answer yet.
8
Q.
What's your answer.
9
A.
I
10
know i f
I
you
13
on
14
internal
card or not.
seen the card before
signed the mental hygiene admission
the
3rd,
would you have called
affairs?
15
A.
16
before
17
called internal
19
don't
Had you
12
18
I
saw the
Q.
11
wouldn't know because
I
so
Q.
did not see
these
I
don't know i f
see
would have
affairs.
So now you are
you did not
I
cards
the
saying you
cards?
20
A.
21
cards.
22
Q.
23
would have
24
A.
I
25
Q.
You know you did not
212-267-6868
I
I
do
not
know if
don't remember
I
saw these
seeing them.
And you don't remember
called internal
didn't
know
see
if you
affairs?
the card.
see
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1
2
cards?
3
A.
ALDANA-BERNIER
4
I
remember.
Q.
5
do not know.
I t was
So
I
do
not
that 2009.
the answer is,
am I
correct,
6
you don't know i f you saw the cards and
7
you don't know what you would have done
8
if you did see the cards,
9
is
am I
correct,
that the answer?
10
MR.
CALLAN:
Objection.
11
Q.
You can answer.
12
A.
I
13
I
would have
called them.
14
15
do not know if
Q.
2nd,
2009,
Looking at the note of November
at 9:30,
16
A.
Q.
see
that note?
P.m.?
17
do you
Yes.
18
Do you see that note?
19
A.
Yes.
20
Q.
And that is before your
21
November 3rd,
22
the form,
23
1:20 note where you signed
correct?
the mental hygiene admission,
24
A.
Yes.
25
Q.
And did you read the chart
212-267-6868
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2
where i t says,
"Patient has been seen and
3
interviewed by Detective Steven P.
4
[phonetic]
5
Internal Affairs
Wacter
and Sergeant Scott from
Bureau"?
6
A.
Yes.
7
Q.
Would you want to know what
8
internal affairs
had to
see about Mr.
9
Schoolcraft in coming to your opinion
10
regarding whether or not he needed to be
11
admitted to
the hospital?
MR.
12
A.
13
I
SHAFFER:
was
Objection.
wondering why the
14
attending put this
15
any note about what interaction happened
16
with internal affairs.
17
18
Q.
When you
note and did not write
say you were wondering
about i t
19
A.
There's
20
Q.
When were you wondering about
22
A.
Now.
23
Q.
Why were you wondering about
A.
Should have written a
21
24
25
nothing.
it?
it?
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1
Q.
2
ALDANA-BERNIER
When you say "should have
3
written a
4
written about?
5
6
A.
note,"
His
what should he have
interaction with internal
affairs.
Q.
7
Would that have been helpful
8
you
9
to
in your care and treatment with Mr.
Schoolcraft?
A.
In deciding to admit him or
12
Q.
Yes.
13
A.
I
10
11
not?
already made my decision
14
before that.
15
of admission.
16
17
18
19
20
21
22
Q.
On 11/1 I
made
Was your decision
the decision
irreversible
'
once you made it?
A.
I
think
that he would benefit
from inpatient admission.
Q.
benefit,"
A.
When you say "he would
what do you mean?
I
thought at the
23
that he would be a
24
in 2009
others.
25
Q.
212-267-6868
danger
time
to himself or
The question was:
Would the
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2
notes
that you
think would have been
3
helpful
4
whether or not Mr.
5
be admitted?
in coming
to your decision as
to
Schoolcraft needed to
MR.
RADOMISLI:
8
MR.
CALLAN:
How would she know?
9
MR.
SUCKLE:
She was
6
7
Objection to
form.
10
that
11
the
one
said something should have been
there.
12
MR.
CALLAN:
13
talking about cards
14
You are
the one
chart.
15
MR.
16
the
17
games
SUCKLE:
record is.
stapled into a
The record is what
You are
just playing
now.
18
MR.
CALLAN:
It's
19
MR.
SUCKLE:
I t ' s nonsense?
20
MR.
CALLAN:
Right.
21
MR.
SUCKLE:
A doctor has
22
in front
23
later,
of her and she
you
think i t ' s
nonsense.
signs
a
a
note
day
nonsense.
24
MR.
CALLAN:
I t is.
25
MR.
SUCKLE:
Let's go.
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L.
1
ALDANA-BERNIER
MR.
2
3
in
4
hours
CALLAN:
the chart,
i t ' s only taken us
to question her
MR.
5
She's qot one note
6
have
7
Q.
so . . . .
Maybe we
9
taken six hours
should
patient.
8
SUCKLE:
six
to evaluate the
The notes you said should have
been there,
10
to you
11
would that have been helpful
in your decision
to admit Mr.
Schoolcraft?
12
MR.
SHAFFER:
13
MR.
CALLAN:
Objection to form.
14
MR.
SUCKLE:
I t hasn't been
15
answered.
16
MR.
RADOMISLI:
17
MR.
CALLAN:
18
Asked and answered,
There is nothing in the note
except that
MR.
21
22
I t has actually.
Counsel.
19
20
Objection to form.
IAB was
SUCKLE:
there.
The note she said
should have been there.
23
MR.
24
make up a
25
hypothetical?
212-267-6868
CALLAN:
She is
supposed to
note now and answer a
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MR.
2
SUCKLE:
3
should be there.
4
note
5
A.
Q.
I
note
Not my note.
6
She said a
that should have been
there,
9
decision
that should have been
would they have mattered in your
to admit Mr.
Schoolcraft?
10
MR.
SHAFFER:
11
MR.
RADOMISLI:
12
form,
Objection
to form.
Objection to
asked and answered.
MR.
13
14
there.
understand.
The note
7
8
I'm asking about the
answer.
I
didn't get an
I've asked i t .
MR.
15
SUCKLE:
SHAFFER:
16
answer
17
doesn't exist.
18
It's
answer.
19
the question.
impossible to
Let's
this
It's
The information
impossible
to
stop playing games and
20
move
along.
You cannot answer a
21
question about something that does
22
exist.
23
Q.
Please answer
24
MR.
CALLAN:
25
question,
not
the question?
Doctor?
212-267-6868
Can you answer
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2
3
ALDANA-BERNIER
I
already made my decision.
I
cannot answer the question.
4
Q.
Once your made your decision?
5
A.
The patient needed admission.
6
I
7
the patient needed inpatient
8
stabilization.
9
felt
that at that point on 11/1
Q.
So
that
just so we are clear here:
10
No information from IAB would have
11
changed your mind,
12
affairs?
correct,
13
MR.
KRETZ:
14
MR.
CALLAN:
15
16
A.
Then I
chairman make
17
Q.
18
would want
19
from internal
Objection.
Same objection.
would have
to make
the
the decision.
decision?
IAB had information,
the chairman to make
MR.
20
21
So if
CALLAN:
you
the
Objection.
This
is
ridiculous.
22
MR.
SMITH:
Would you stop.
23
Would you please stop.
24
tired of you interrupting this
25
examination.
212-267-6868
I'm sick and
You've been doing this
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all day.
MR.
CALLAN:
MR.
3
4
ALDANA-BERNIER
SMITH:
Are you involved in
this?
5
Yes,
heavily and
6
you're going to become more involved
7
in this with this kind of
8
irresponsible behavior.
MR.
9
CALLAN:
There is one
10
attorney designated to represent the
11
Plaintiff.
12
are
13
camera.
15
You
just running the home movie
MR.
14
I t ' s not you today.
SMITH:
Would you please
stop interfering?
MR.
16
SUCKLE:
Excuse me.
No
17
matter how much you pontificate,
18
are not going home until we are done.
we
I'm going to keep asking until
19
20
get an answer.
21
I
asking.
22
23
MR.
CALLAN:
Try to ask a
relevant question.
MR.
24
25
I'm going to keep
SUCKLE:
to all day,
212-267-6868
I
haven't been able
that's why we're here.
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I'm trying.
2
3
MR.
CALLAN:
Work harder at i t .
4
MR.
SUCKLE:
Maybe you'll
5
me one day.
6
A.
teach
7
affairs
What do
MR.
wait for
Q.
10
think internal
would tell me?
8
9
the
CALLAN:
Doctor,
you have
to
the question.
There was nothing internal
11
affairs
could have
12
your mind,
13
and whatever internal affairs had to say,
14
you were not going to change your mind,
15
correct?
A.
Is
17
Q.
That's a
A.
Q.
25
So
I
have
Can
to determine how
is.
Bow do you determine whether or
not internal affairs
is
A.
Because I
Q.
23
24
reliable?
good questions.
reliable internal affairs
21
22
internal affairs
you answer my question?
19
20
to change
you already made your decision
16
18
told you
In assessing
reliable?
have
to assess
them
too.
212-267-6868
them,
how would
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you do
3
A.
4
ALDANA-BERNIER
that?
Collaborate what I
and what they
Q.
5
have
seen
tell me.
So you would need to hear what
6
internal affairs has
to say and evaluate
7
whether or not you can believe
8
not,
them or
correct?
9
A.
Yes.
10
Q.
Did you evaluate the police
11
officer who reported that Mr.
12
had barricaded himself in his house,
13
you evaluate
14
did
that person?
MR.
SHAFFER:
Objection.
A.
Be wasn't there.
Q.
15
16
Schoolcraft
I
didn't see
So but you accepted his
him.
17
18
information as
part of the basis
of your
19
diagnosis,
20
A.
And the documentation.
21
Q.
Documentation somebody else
22
wrote in a
23
A.
correct?
chart,
That I
24
I
25
correct?
saw Mr.
Schoolcraft and
agreed to whatever the documentation of
the resident was.
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2
ALDANA-BERNIER
When you
saw Mr.
Schoolcraft,
3
you
agreed he had barricaded himself in
4
his
house?
5
A.
That is
6
Q.
Written in
7
A.
Information given
8
Q.
By some police officer or
9
10
sergeant from
information given.
the
chart?
in
the chart.
the police department,
correct?
A.
11
12
the
Hold on.
documentation
Also
from
have
the
the EMS.
13
Q.
Did you
14
A.
Documentation is
15
Q.
Documentation meaning a
16
A.
Yes.
17
Q.
So EMS writes
18
accept what
19
in
20
21
22
the
pick up
Q.
to EMS?
a
here.
note
note?
and you
they say because i t ' s written
chart,
A.
speak
correct?
They were
there.
They went to
the patient.
But you are
23
would trust internal
24
not sure
correct?
25
A.
212-267-6868
That's
a
affairs;
i f you
am I
big question.
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