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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1
COPY
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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ADRIAN SCHOOLCRAFT,
10 Civ. 6005
(RWS)
Plaintiff,
-against-
THE CITY OF NEW YORK, DEPUTY CHIEF MICHAEL MARINO,
Tax Id. 873220, Individually and in his Official
Capacity, ASSISTANT CHIEF PATROL BUREAU 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 THEORDORE LAUTERBORN, Tax Id. 897840,
Individually and in his Official Capacity, LIEUTENANT
JOSEPH GOUGH, Tax Id. 919124, Individually and in his
Official Capacity, SGT. FREDERICK SAWYER, Shield No.
2576, Individually and in his Official Capacity,
SERGEANT KURT DUNCAN, Shield No. 2483, Individually and
in his Official Capacity, LIEUTENANT CHRISTOPHER
BROSCHART, Tax Id. 915354, Individually and in his
Official Capacity, LT.·. TIMOTHY CAUGHEY, Tax Id. No.
885374, Individually and in his Official Capacity,
SERGEANT SHANTEL JAMES, Shield No. 3004, ,Individually
and in her Official Capacity, SERGEANT RICHARD WALL,
Shield No. 3099, Individually and in his Official
Capacity, SERGEANT ROBERT W. O'HARE, Tax Id. g16960,
Individually arid.in his Official Capacity, SERGEANT
SONDRA WILSON, Shield No. 5172, Individually and in her
Official Capacity, LIEUTENANT THOMAS HANLEY, Tax Id.
879761, Individually and in his Official Capacity~
CAPTAIN'TIMOTHY TRAINOR, Tax Id. 899922, Individually
and in his Official Capacity, 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 "City
Defendants"), FDNY LIEUTENANT ELISE HANLON, individually
and in her official capacity as a lieutenant with the
New York·City Fire Depart~ent, JAMAICA 'HOSPITAL MEDICAL
CENTER, DR. ISAK ISAKOV, ~ndividually and in his
O~ficial Capacity, DR. LILIAN ALDANA-BERNIER,
Individually and in his Official Capacity and
Schmieder & Meister Inc.
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(845) 452-1988
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#1-50, Individually and in their Official Capacity
(The name John Doe being fictitious, as the true
names are presently unknown),
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Defendants .
20 Corporate Woods Blvd.
Loundonville, New York 12211
December·11, 2013
10:22 a.m.
EXAMINATION BEFORE TRIAL of LARRY C. SCHOOLCRAFT,
a Non-Party Witness in the above entitled action,
held pursuant to Court Order at the above place
and time, before a Notary Public within and for
the State of New York.
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249
1
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LARRY C. SCHOOLCRAFT
Q.
Did anybody else that was present at
3
the meeting know that you were
4
recording?
5
A.
No.
6
Q.
Did Adrian know that you were recording
7
the meeting?
8
A.
No.
9
Q.
Did you ever provide the recording of
10
that meeting to anybody?
11
A.
I don't know.
12
Q.
This is a question about any of the
I mean,
I didn't.
13
recordings that you made:
Did you ever
14
remove them or place them onto a
15
computer or anything else?
16
A.
I never did.
17
Q.
Do you know if anybody else did?
18
A.
Not that I'm aware of, unless the
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20
attorneys did.
Q.
What did you say at that November 4th,
21
3:00 p.m. meeting between you, Adrian
22
and Dr. Isakov and the !.A.B. sergeant?
23
A.
The gist was, why are you holding him?
24
Q.
And what were you told?
25
A.
Basically, they were waiting -- Dr.
Schmieder & Meister Inc.
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250
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LARRY C. SCHOOLCRAFT
2
Isakov told me they were waiting to
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hear back from the N.Y.P.D.
4
Q.
November 4th meeting?
5
6
And what did Adrian say during this
A.
I
don't remember really what Adrian
7
said much.
8
talking.
9
Q.
10
I
was doing most of the
Did Sergeant Chu say anything at this
meeting?
11
A.
No.
12
Q.
Did he ask any questions?
13
A.
No.
14
Q.
Did he make any statements?
15
A.
No.
16
Q.
Did he tell anybody that he was
17
recording the conversation?
18
A.
Well, he had it right out there.
19
Q.
It was obvious?
20
A.
Right, right.
21
Q.
Did he make any statements when he
It was a known fact.
22
began making the recording, say the
23
date or the time or who he was or what
24
he was doing?
25
A.
I want to think that he did, but I
Schmieder & Meister Inc.
(845) 452-1988
251
1
LARRY C. SCHOOLCRAFT
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don't remember for a fact that he did.
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But I want to think, yeah, he did.
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documented it, but he was doing it
5
quietly.
6
Q.
He
Did Dr. Isakov say anything other than
7
they were waiting to, the hospital was
8
waiting to hear from the N.Y.P.D. as to
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what they should do?
10
A.
Well, I asked for
just being
11
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r'•
Adrian's father.
At that time, he was
34 years old or whatever.
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adult.
14
but in the N.Y.P.D. it does mean
15
something that I was his emergency
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number.
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me before they throw him in nuthouse,
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but when they throw him in the
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psychiatric ward, nobody calls me and
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nobody from the N.Y.P.D. checks on a
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man they were so concerned about.
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nobody ever talked to me from the
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N.Y.P.D. after they threw him in, with
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the exception of some of the I.A.B.
25
people that I had initiated the contact
He is an
Being his father means nothing,
And it is strange.
Schmieder & Meister Inc.
They call
(845) 452-1988
But
252
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LARRY C. SCHOOLCRAFT
2
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with.
Q.
other than that ...
4
5
So did Dr. Isakov saying anything else
A.
Again, his father really does not mean
6
anything.
But I was his emergency
7
contact number.
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to the hospital that does mean
9
anything.
Again, to the hospital
But I was his power of
10
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And I wanted to see, I wanted to know
12
why they were holding him, and I wanted
13
to see the documentation of why they
14
were holding him.
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show it to Adrian.
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then show it to me.
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health care proxy and power of attorney
18
with me, and they still, they would not
19
show it to me either because I asked
20
r·
attorney and his health care proxy.
him why are you holding him?
21
Q.
And they would not
And I said:
Here,
Fine,
I had the
And ...
When did Adrian give you the power of
22
attorney or execute a health care
23
proxy?
24
A.
After his mother died in 2004.
25
Q.
Any specific reason why he gave you
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