Schoolcraft v. The City Of New York et al

Filing 402

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 50, # 2 Exhibit POX 51, # 3 Exhibit POX 52, # 4 Exhibit POX 53, # 5 Exhibit POX 54, # 6 Exhibit POX 55, # 7 Exhibit POX 56, # 8 Exhibit POX 58, # 9 Exhibit POX 59)(Smith, Nathaniel) Modified on 2/17/2015 (db).

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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

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ADRIAN SCHOOLCRAFT,
Plaintiff,

4

5

Case No:
-

6

against -

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cv 06005

7

THE CITY OF NEW YORK,

ET AL.,

8

Defendants.

9

10
11

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

12
May 12, 2014
10:11 a.m.

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14
15
16

DEPOSITION OF SHANTEL JAMES, pursuant to

17

Notice,

18

time, before DENISE ZIVKU,

19

within and for the State of New York.

taken at the above place, date and
a Notary Public

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21

22
23

24
25

212-267-6868

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Page 129
SHANTEL JAMES

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2
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4

5

Q.

That Exhibit 123 is

6

document.

7

the file

MR.
on

three-page

too came from the chart or

regarding Schoolcraft?

8

9

This

a

OSTERMAN:

I

the record that I

am going to put

object for

10

or anything beyond

11

witness'

12

might have taken place.

13

author i t ,

14

not part of the creation of this

15

the use

document.

refr~shing

the

recollection of events

She didn't

she's never seen i t ,

16

MR.

LEE:

17

MR.

KOSTER:

I

that

she was

join.
I

do

too.

18

Q.

19

before?

20

A.

No.

21

Q.

Why don't you read it?

22

A.

Thirty-four year old single

23

Q.

No,

Have you ever seen this document

no,

you can read i t to

24

yourself.

25

Exhibit 123 refresh your recollection of any

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Does reviewing or reading

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SHANTEL JAMES

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discussion that you ever had with anybody at

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Jamaica Hospital about Officer Schoolcraft?

4

MS.

PUBLICKER METTHAM:

5

Objection.

6

A.

No,

7

Q.

Did you tell anybody at Jamaica

You can answer.
i t does not.

8

Hospital

that Schoolcraft had barricaded

9

himself into his apartment?

10

MS.

11

Objection.

12

A.

No,

13

Q.

Did you tell anybody at Jamaica

PUBLICKER METTHAM:
You can answer.
I

did not.

14

Hospital

15

from emergency medical

that Officer Schoolcraft ran away
technician ambulance?

16

MS.

17

Objection.

18

A.

No.

19

Q.

Did you tell anybody at Jamaica

PUBLICKER METTHAM:

20

Hospital

that Officer Schoolcraft had been

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evaluated by an NYPD psychologist or

22

psychiatrist?

23

MS.

24

Objection.

25

A.

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PUBLICKER METTHAM:

No.
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Page 131

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SHANTEL JAMES

Q.

Did you tell anybody at Jamaica

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Hospital that Adrian Schoolcraft had his gun

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removed?

5

MS.

6

Objection.

7

MR.

PUBLICKER METTHAM:

OSTERMAN:

Objection.

8

A.

No.

9

Q.

Did you tell anybody at Jamaica

10

Hospital earlier that day that Officer

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Schoolcraft had cursed his

12

MR.

OSTERMAN:

13

MS.

PUBLICKER METTHAM:

14

Objection.

15

A.

No.

16

Q.

Did you tell anybody at Jamaica

supervisor?
Objection.

17

Hospital that Officer Schoolcraft had become

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or was agitated,

19

verbally abusive?

20

MS.

21

Objection.

22

MR.

uncooperative and/or

PUBLICKER METTHAM:

OSTERMAN:

Objection.

23

A.

No.

24

Q.

Did you tell anybody at Jamaica

25

Hospital that Adrian Schoolcraft's door had

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SHANTEL JAMES

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to be broken

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A.

into?
No.
MR.

4

Q.

5

OSTERMAN:

Did you

6

Hospital

7

chased and brought

8

tell

Objection.
anybody at

Jamaica

that Adrian Schoolcraft had to be

handcuffed?

to

the medical

ER

9

MR.

OSTERMAN:

10

MS.

PUBLICKER METTHAM:

11

Objection.

12

A.

No,

I

13

Q.

See

on

I

did not.
the

document

15

the paragraph beginning with

16

as

Sergeant

have

second page

14

per

that

Objection.

showed you,
the

of

the

the
top of

sentence,

James?

17

A.

Yes.

18

Q.

Did you have

19

or knowledge

20

be attributing any

21

regarding

today as

to

any understanding
why anybody would

statements

to you

Schoolcraft?

22

MR.

OSTERMAN:

23

MS.

PUBLICKER METTHAM:

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Objection.

25

A.

212-267-6868

No,

I

Objection.

don't and I

never had any

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SHANTEL JAMES

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conversation with anyone in regard to this

3

matter,

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information.

5

is no way I

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with regard to the medical status or him

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being evaluated or his weapon being removed.

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I

9

way that I

because I
I

was not privy to that

knew none of this.

had a

So there

conversation with anyone

had no knowledge of this.

So there is no

told anyone at the hospital this

10

information.

11

Q.

And if anybody had asked you any

12

information about Officer Schoolcraft,

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would have told them you don't know,

14

MR.

OSTERMAN:

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MS.
Objection.

17

MR.

right?

PUBLICKER METTHAM:

16

you

KRETZ:

Objection.

Objection.

18

A.

Yes.

19

Q.

Have you ever had any

20

discussions with Lieutenant Bouchard about

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Officer Schoolcraft other than the one

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conversation that you testified earlier

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about?

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MS.

PUBLICKER METTHAM:

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Objection.

You could answer.

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SHANTEL JAMES

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A.

No.

3

Q.

Sitting here

today,

can you

4

recall

any conversation that you and

5

Sadowsky had about Schoolcraft or what

6

happened at

the hospital

that day?

7

MS.

8

Objection.

9

A.

I

10

Q.

You don't recall

11

PUBLICKER METTHAM:

don't recall.
any

conversations?

12

A.

No.

13

Q.

Do you have any recollection of

14

speaking with

the XO of the

15

about Schoolcraft?

16

MS.

17

Objection.

18

A.

81st Precinct

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20

PUBLICKER METTHAM:

The XO being the

name

that you

mentioned

Q.

21

At the
MR.

22

Q.

SMITH:

Let me

rephrase

the

question.

23

time

Theodore Lauterborn was

24

executive officer of

25

the day of

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this

the

the

81st Precinct on

incident.

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SBANTEL JAMES

1

2

A.

Okay.

3

Q.

And he testified that he

4

remembers getting a phone call from you

5

sometime during that period of time that you

6

were there and -MS.

7

8

to

9

witness'

I

object

the characterization of that

Q.

10

PUBLICKER METTBAM:

testimony.

Okay,

and you don't have to

11

accept what I'm saying is true or not.

12

my question to you is does hearing me say

13

these things

14

on your part that you did speak with Ted or

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Theodore Lauterborn or the executive officer

16

of the 81 about Schoolcraft sometime during

17

the time that you were at the hospital?

to you trigger a

18

MS.

19

A.

recollection

Objection.

20

But

I

PUBLICKER METTBAM:

don't believe so because I

21

would have made a

22

as

23

Sergeant Me Warren.

24

but I

25

Lauterborn.

I

notation in my memo book

did with Lieutenant Anderson and

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I

guess i t ' s possible,

don't even know who he is,
I

Theodore

guess i t ' s possible.

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