Schoolcraft v. The City Of New York et al

Filing 410

DECLARATION of Ryan Shaffer in Support re: 297 MOTION for Summary Judgment .. Document filed by Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Kurt Duncan(Shield No. 2483, Individually), Joseph Goff(Tax Id. 894025 Individually), William Gough(Tax Id. 919124, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), New York City Police Department, Frederick Sawyer(Shield No. 2576 in his official capacity), The City Of New York, Timothy Trainer(Tax Id. 899922, in his Official Capacity). (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(Scheiner, Alan)

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. LAMSTETN-REr SS , M. D
believe you're 2899 and 282, Mr. SmiÈh?
MR. SMITII: Irm actuaJ.ly
to 29OL, with the ledger and
referring
pager.
MS. PUBLICKER METTIIAM: It is
D282, it is but 2901.
So is there a rather long entrY
A.
for LO/3L in your fiLe, Doctor?
I donrt know what you consider
A.
rather Iong, but it's
Four Pages?
A.
One, two, three, four and a
A.
third, yes
ALl right, can you just read
A.
that into the record.
Sure, Pager duties regarding
A.
P. O. Adrian Schoolcraf t, LO / 3L / 0g r oIl Ief t
of the page I noted that f was on at L7 z 40
hours. Page number 455 refers to the sick
I noted
desk log of my being put on duty.
below that that f was off duty at 2L:4Q
hours. Back to the main text in the body,
Telephone contact with sick desk
L0/3I/09.
Sergeant KIoos.
c

.

.

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c . LAMSTETN-RETSS

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MS. PUBLTCKER METTHAM:
K-I-o-o-s.
Yes. I believe that's the
A.
Itrs possible Irm wronE about the
spelling.
He
MOS eras at work today.
spelling.
sl,ammed sick report on the sergeantls desk
Sergeant
and gaid he was going out sick.
totd him to stick around. He ref,used and
Dídn't follow Procedure. Typically,
Left.
they called sick desk and get authorization
and wait for command to aarange covêrage.
MOS was working on the teJ.ephone
swit,chboard. MOS did not go straíght home.
Cops are at his home waiting f,or his
They called MOS on his ceII phone.
arrival.
They think he picked up and then hung up.
Since then no ansner. They are thinking of,
auspending him, but they suspect ¿t is more
of psych probLem, XO of MOS's command, the
81 Precinct, is Captain Lauterborn and
requests response from PES and I sÍgned my

23

name.

24

The is information that you
A.
received fron Sergeant KIoos from t,he sick

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TJAMSTEIN-RETSS

I

M, D.

desk?

Correct.
A.
AII right' please continue.
A.
It wil.L be more clear as If m
A.
reading through Èhe notes, but it's Possible
thaÈ the part about possibly not susPending
him because they thought it might be more of
a psych problem, that may have come
secondhand through Sergeant KIoos. If it
it would be the rest the
came directly,
notes,
Telephone contact with Captain
MOS doing a 7 to 3 day tour
Lauterborn.
today at TS all d"y, meaning telephone
switchboard aII day. Alt yvas f ine. He
typicaJ.J.y keeps to sel.f and doesn't converse
and did same Èoday.
much wit,h other officer
2 : 00 p.m. ,
Nothing seemed out of ordinary.
he went down to locker room, changed and
Èhen put a sick report on ssrgeantrs desk
He wrote that he had
and said goíng sick.
Sergreant tried to s top him,
s tomach pain .
but he left anyway. Underlying issues. MOS
has made allagations agaínst others,
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c, LAMSTEIN-RErSS, M.D.
of these
DeparÈment's ínvestigation
altegations picked uP this week and it
This week about four
snowballed from there.
people were caLled
P, O. I s and two civil.ian
MOS goes uP to them
down for guestioning.
are in
Notificatíons
and asked about it.
teJ.ephone ßes sage log , so he knows who i s
goíng, When t,hey return, he tries to
intereept them and get information from them
about
it
about what he was asked
should have been what they w€lre asked. Or
that thought the person was a he. Anyway,
that's what it says what he was asked.
Today was first, tour back after RDOs. Not
sure what happened today that, triggered him
to leave like that.
Delegates, peers, sergeants and
Captain Lauterborn alI left him mess¡ges and
asked him to go back to command. A
líeut,enant is at him home. tsís car ls
there.
Landlord said MOS may have been
there earlier.
Can usuaLTl Ì""r MOStg
footsteps when home. MOS not home.
Next entry, f left a mesgage on
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c. LAMSTETN-RErSS, M. D.
MOSis cell phone. I gav€ my ceLl number and
Captain Lauterborn's celL phone. I told hi¡n
that the Captain said he could just return
to his home if didnrt vrant to go to the
command. I urged hinr to go home or call' his
captain, so this could be resolved quickly
and easiJ.y without need for a city-wide
to search for hí¡n or
mobilization
acÈion, Like suspension. Much
disciptinary
easier to just resolve it, quickJ.y and easiJ,y
now, I explained that everyone is just
concerned for his safety and they want Èo
make sure everyone is okay.
Next entry, telephone contact
I informed captain
with Captain Lauterborn.
t,hat I lef t message on MOSrs celL phone as
described above. I suggeEted that eaptaín
call MOSrs father because that's the peraon
he is closest to and the person who is most
Iikely to know his whereabouts. Captain
will call undersigned when J.ocates or hears
from MOS, signed my name.
Next entry at 20:15 hours.
TeJ.ephone contact wíÈh Captain Lauterborn.
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C. LAMSTEIN-REISS, M. D '
StilL no word from MOS. Captain calLed MOSts
father, who aLso hadnIt heard from him.
Father, quote, had some issues, end quote,
over phone, but êventually
over the phone
understood captainrg point of view and
Hoping father wilL call MOS and
confirmed.
encouragre hi¡n to go home. Captain wí11 go
t,o MOSts home. Itf E Possible he's home, but
not answering phone. I asked if the
Landlord has a spare key. He said yes and
captain has it, but legal. issues with using.
Have to have cause. Hoping to avoid goíng
that route.
What were those LegaL issues?
A.
f didn't ask, I don't know.
A,
MS. PUBLICKER METTHAM:
Objection.
All right, go ahead?
9.
A.
And I signed my name. 20:40
Irm sorry 21:40
hours the next entry
Telephone eontact
hours is the next entry.
with Sergeant Kloos. Sick desk off duty
since not known when MOS night be Located
and f signed my namê.
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c . LAMSTEIN-RErSS, M. D.

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Íhen next page on the toP
regarding Adrian Schoolcraft addendum to
LO/3I/Og note of telephone contact with
Captain Lauterborn at aPProximately 17:50
hours . Delayed entry made on LO / LA / L0. In
reviewing f oJ.der, Èhe below inf ormation wast
found to not be documented in prior note,
but is cLear in undersigned's memory.
Captain Lauterborn asked if MOS was suicidal
or depressed because he needed to know how
concerned they should be about MOS'g safety
given his going AWOL. Not anslùering phone
caIls, not answering door of home, but his
car ¡raa there, et cetera.
Can I stop you right there.
A.
VÍhen did you make this entry?
October L4, 2010.
A.
Oetober what?
A.
A.
LA, 2010.
Can I see the original that
A.
youtre readíng from?
Sure
A.
How do you know that you made
A.
this entry on october 24, 20L0?
.

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C. LAMSTEIN-REISS, M'D'
MS . PUBLICKER METTHAM:
She said October X4th.
Objection.
MR. SMITH: No, Irm sorry Youfre
The 14th.
right.
Because thatrs what I wrote.
A,
It's there on the Page.
MS. PUBITICKER METTHAM: She also
read it out loud.
And what You read out loud was
O.
the words delayed entry made on L0/L4/L0?
Correct, thatrs what that, meane.
A.
lfhy did you make a delaYed entrY
9.
in the f,ile?
fn reviewing the file f realized
A.
noteg of my telephone
that, my ínitial
eontact wi th Captain I¡auterborn were f ocused
olr information he was telling me and I did
not document what f had told him regarding
Since then or perhape r I had beeome
that.
aware just from interviews the officer did
with the madia that miEcharacterized that
conversaÈion that said I told the captain
t,hat there were I think no cause for concêrn
or something like, ÈhaÈ he had no
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c, LAMSTETN-RErSS, M. D.
psychological problems. Somethíng Iike
t,hat. So at some poínt' in the f uture ' I was
reviewíng the folder and f realized that' my
teLling the captain everyt'hing in that note
was not previously documented, but it was
very, very clear in my memory. So I felt ít
important to add that note and I noÈed the
date that I added it.
So what wae the statement in
A.
what media that ted you a year Later to ¡nake
this entry?
MS. PUBLICKER METTHAM:
Objection.
A.
I don' t remenrber which articLe.
I just reeall there had been report that I
Èhat he had no
said that there was no
kind of psychological problem or anythi.g,
implyíng that I said there was no cause for
concern that night and so aa I was reading
it, I realized that etas missing that I
real.Iy was writing what the captain was
telling
me what nas going on and I didn't
document what I had told the 1íeutenant
So at some poínt
Irm soüry, the captain.
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C. LAMSTEIN-REf SS ' !'l . D.
when I was reviewing the folder and I
realized that wasnft there, I deemed it
important enough to make a deJ.ayed entry and
I think the report I had
put that in there.
read was somêthíng that I said he vtas never
suicidaL or somêÈhing Like that, but it left
out the part that my evaluaÈion of that is
onJ,y as good as the las t ti¡ne f saw hin and
or if something
if he was act,ing differently
more stressful- happened after I savt him,
on his mental
then I canrt comment on any
status that date, onJ,y as of a f ew days ago.
Someone could find out very upsetting and
then ki11 themselves and three days earJ.ier
may not have been in their mind and that
qualifier
had not initiaLLy been reported.
Did you ever have any
A.
discussions with anybody about making thig
entry, this delayed entry?
MS. PUBLICKER METTHAM:
Ob jection.
A.
f dont t believe I did.
I don' t
reca1I.
Did you taLk with your
A.
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Fage 335

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C. IJAMSTEIN-REISS, M.D.
supervisrors about making this entry?
I know mY
I dontt think I did.
A.
supervi sor aJ.ways reviews my f older . So he
probably reviewed that at some point and saw
that.
I t Ytas made â year af ter the
A.

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even t

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Yeah, âctuaI-J.y I think Dr. Knour
A.
reviêwed ít at some point, as wel-l
Díd you ever have any discussion
A,
with Propper and Knour about this delayed
en try ?
I don't
A.
I have no idea.

15

remember.

L6

Did you ever have any discussion
A,
with anybody at the 81st Frecinet about this
delayed entry?
A.
No, that f did not.
Did ever have any discussion
A,
with anybody employed by the City of New
York about this delayed entry?
MS . FUBIJICKER METTHAM:
Not ineluding conversations
Objection,
youtve had with legal counsel,

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c. LAMSTEIN-REISS, M, D.
Not includíng
Right.
A.
conversations wíth tegal counsel' and I did
not have any other discussions with anybody.
WaiÈ a minute, excluding any
A.
conversations that you may have had with any
lawyers?
Right.
A.
Did you ever disausg this
A.
delayed entry with anybody working for the
City of New York?
It wouLd be in the foLder when I
A.
meÈ wíth IAB to go over my folder if that
if going over my case
corrversation was
folder was after that date, then Yê4, I
would have.
Yfhat I want to know is sitting
A.
of
here Èoday, do you have a recollection
discussíng this delayed entry wit,h anybody
who is an employee of the City of New York,
other than maybe conversations you had with
your lawyer?
MS. PUBLICKER METTHAM:
Ob jection.
I do not
I just answered that.
A.
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c. LAMSTETN-RETSS , M. D.
TÙhat I am telling
have any recollection.
you is I recall that at some Point I
reviewed the case foLder with IAB Group 1 '
If
The date of that is in the case foLder.
the date is after I made that entry, then f
would have discussed it with them.
I am not asking you about what
A.
you wouLd have done. I am asking about what
you recaLl.
Do you understand the
di ff eren ce ?
MS. PUBLICKER METTHAM: If you
want to give her her f ile, she can teIJ,
you if it was before or af,ter she met
with IAB.
MR. SMITH: I fm not interested
in her inferences or your arguments-MR. KRETZ: She's given you an
anfrwer, Nat.
MR. SMITH: I just want to know
We can al.ways draw
what you recall,
inferences based on facts and we can
draw more inferences based on more
facts.
I want to know what you know
A.
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C. LAMSTEIN-REISS, M.D.
about discussing this deJ.aYed entry with

3

anybo dy?

1

MS

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6
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. PUBIJICKER

METTHAM:

ject,ion.
MR. KRETZ: She' s answered that.
MR. SMITH: I think she has
I only recall at some Point
A.
at somc! point I reviewed aII my notes with
Ob

1o

IAB

11

But you donrt have a
A.
here today
trecollection sitting
No.
A.
of díscussing?
A.
I don't recall if that was
A.
before or after I made that entry.
Do you have a recollection
A.
here of discussing the deJ.ayed entry
sitting
with IAB?
MS. PUBLICKER METTHAM:
Objection.
No. I recal,l diseuseing the
A.
full, case and that would have been part of
it if that conversation wås after that date.
AII right, thank you. I think I
A.

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c. LAMSTEIN-RETSS , M. D.
understand what you're teIJ.íng me. Did you
ever speak with anybody from the media about
Schoolcraft?
À.
No . ?Íe never speak to the
media.
Okay. So you nev€lr sPoke to
A.
anybody f rom t,he media about Schoolcraf t,
right?
A.
Correct.
Continue reading the delayed
O.
entry.
THE IÍITNESS: Do you have where
I Ieft off?
The first
sentence ends wíth in
A.
writer I s memory.
A.
Undersigned.
Undersignedr s memory, righÈ.
A.
Can you go on from there?
A.
From there, Captain Lauterborn
asked íf MOS was suicidaJ- or depressed
because he needed to know how concerned they
ehould be about MOSrs safety given his going
AWOL, not answering phone cal1s, not
answering door of home, but his car vras
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C. LAMSTEIN.REISS , M. D.
I informed captain that f
there, et cetera.
last saw MOS at PES on L0/27/09 and at that
time he looked okay and rePorted being
åsymptomatic. At no time had he ever
expressed thoughts of suicide, but he aLso
never went AIÍOL before and acted t,he way he
My assesEment of
was acting on tO/3L/09.
his suicide risk is only as good as the last
time f slaw him. f f something hapPened af ter
and led him to be so upset that he left work
without permission an hour before Èhe end of
his tour, said he had stomach pains, et
Then I am unable to say with any
cetera.
reasonable amount of cerÈainty that he is
not aÈ risk for suicidal ideation under
present cireumst,ances .
I províded captain wíth basic
information about reason MOS rras on
restricted
duty. That he had significant
physícaI symptoms of stress insomnia, GI
symptoms, cârdiac symptoms, êt cetera.
Unclear if MOS was reporting openly on
LO/27/09 when he said aII of his symptoms
Motivation to
went away without treatment,
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c. LAMSTEIN-RErSS, M.D.
mínimize is that he did not want to be
duty. He was oPen
psychological restricted
evaluation, but denied any
during initiat
and alt EymPtoms in subseguent monitoring
TÍhen also exPressed being upset
sessions.
about being on psychological restricted
duty. His rePorting on LO/3L/09 that he had
stomach pains severe enough to warrant
Ieaving work before end of tour without
permission suggests either the symPtoms
never did go ayray or they reoccurred on
LO / 3L/ 09 due to his being realJ.y upset about
something. It is also Possíb1e that there
yras medical cauEe f or the stomach pain, but
the angry manner in which he left work
suggrests a psychologícal causG) and I signed
my name.
MS. PttBLTCKER METTHAM: D284
and

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MR. OSTERMAN: 2890.
Had yoü, when you prepared this
A.
note, êDy thoughts thaÈ there was going to
about what happened to
be Iitigation
Schoolcraft on OcÈober 3L, 2009?
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