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)

2Q2

JOSEPH FERRARA

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theSLPrecinctfromAprilr:ntilyoursurgerylettssay?
A.

No.

Did You ever discuss the troubles You had had
a result of the thi.ngs You told us about with Steve
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MaurieIlo?

6

A.

I might

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a.

Do you have any

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No.

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as

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have '

recollectÍon of it?

AsoneofLheattorneysinthiscaserespondsin
saying anything is possible, but I just want to krlow -*
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T might have.

-- what it is You recall.
I might have.

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But you dontt have any recollection?

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A

No.

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So, you don't have any l:ecollection of anythjng
he ni.ght have said in response or anything of l-he sorl?
No, I reallY don't.
A.

0,

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a.Andyouthror:ghoutyourtestimonyvrereta}king
and referring to a couple of clÍfferent tyÞes of conduct,
officiat misconduct, misconduct or just gerierally

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inappropriate behavior.

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You|Veto'ldust.hatyouthought,lthinkthese
h/ere your words, that it was inapproprjate for Mauriello to
refer to Schoolcraft as â rat.
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2A3

JOSEPH FERRARA

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okay.Anyotherconductt,hatyoucanrecallthat
Mauriello engaged in lhat you cÖnsj clered to be
inappropriate conduct? Irm going to ask you bhen about

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misconcluct and official

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misconduct'

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A.

In regards to Schoolcraft or anything?

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a,

Trl regards to anyt'hÍng vou observed on the job

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with him.

a

A.

No.

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Any conciuct that Vou recall that he engaged Ín

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thal- you consj.cjer tr: be a misconduct?

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A,

No.

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Any offi.ciaÌ mjsconduct that you believe

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he

engaged in?

A.

No.

a'DidyouthaveanOpportunitytoobserveAdrian
Schoo.tcraft on the job at anY time?
A.

Yeah, on the TS oper:ato:: Position'

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That woulcl have been while you were on restri'cted
duty after you were hurt' and before youl: surgery?
No, it wou]"d have been _* it- could have been any
,\.

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time because as plal-oon

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commandcr you

either go out or

you

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stay in on bhe clesk and he was a second platoon officer, so
caki.ng the desk as a third platoon lieut"enant he niight be
sittÍng around for a few exLra minutes until the third

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platoon

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'J,s

operator comes out of roll cal.I arrd gets

DTÄMOND RËPORTING

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203

201

JOSHPH FERRARA

?

s that -- wäs Lhere one -- more than two
recordings that you haci search fhrouqh to find out if there
was anything usefuf or has it always been that there were

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only

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two?

No, there was Lwo. What I was referrirìg to by
searchilrq, those meetings were ån hour and ten minules

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each, I had to go through and listen to an hour and ten
mj.nutes worth to see if there was anythÍng that pertained'
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Okay. Were you -- your purpose in making the

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ï:ecordings h/as to record MaurieIlo sayi.ng sometiring

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inappropriate about Schoolcraft you tetl üsr ríghL?

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A.

Yes,

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And, sor when Norinsberg is asking you fol:

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information yÕu dor¡'t recal,I at that ti.me whether l.he
recordings you macle for the sole pux'pose of recording

1"6

M¿¡urj.e.Ilo

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cont:ained such inapp.ropriate t.hings'?

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'tÊ

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A.

saying inappropriate thÍngs about SchoolcraftI wasn't sure exactly what was said.

sure if he used the

wr:r:ci

r:at. I dont L

T wasntt

I wasn'L' sure

how

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irc referreci to schoolcrafL, so I had to q'o back and look
just to see because, YOU know, there's -- there's multiple

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h/ays

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of referring to peopte and I jusl didnrt want to say
and it was B' so I had to go back and review it.

Directing your attent.ion to page L2L44,
Mr. Norinsberg writes to you on August 1L, 201"0. I

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