Schoolcraft v. The City Of New York et al

Filing 500

DECLARATION of Alan H. Scheiner in Support re: 498 MOTION in Limine To Preclude Plaintiff From Offering Certain Evidence at Trial.. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G (Under Seal), # 8 Exhibit PTX 4, 6, 13, 16, 18, 22, 25, 26, 29, 30, 33, 34, 35, 40, 42, 46, 49, 50, 51, 52, 53, 54, 55, 57, 59, 60, 62, 64, 65, 66, 72, 84, 93, 95, 306, 308, 309, 314, 316, 400, 401, 402, 403, 406, 407, 408, 409, 420, 421, 426, 427 (Under Seal), # 9 Exhibit PTX 79, # 10 Exhibit PTX 81 (Part 1 of 2), # 11 Exhibit PTX 81 (Part 2 of 2), # 12 Exhibit PTX 404, # 13 Exhibit PTX 410, # 14 Exhibit PTX 411)(Thadani, Kavin)

EXHIBIT F

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3ffilffiflt-l;i:'ü"
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UNTTED STATES DTSTRTCT COURT
SOUTHËRN D]STRTCT OT NEW YORK

---*x

2

ADRIAN SCHOOLCRAF'T,
3

PLATNTÏ FFI
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Case No.:
10cTV 6005 (RT/üs)

-against-

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1CI
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THE CITY OT' NEI/ü YORK, ET AL/ DEPUTY CHTEF MTCHAEL MARINO
TAX rD 87322Q, ÏNDÏVIÐUALLY AND rN HrS OrrrCrAL CÄPACTTY,
ASSTSTANT CHIEF PATROL BCIROUGH BROOKLYN NORTH, GERALD
NELSON/ TAX TD 9L23"101 TNDTVTÐUALLY AND TN HÏS OFFICÏAL
cApAcrTY, DEPUTY TNSPECTOR STEVEN MAURTELLO ?AX IÞ 8951"17,
TNDTVTDUALLY AND IN HIS OTT'TCTAL CAPACTTY, CAPTAIN THEODORE
LAUTERBORN, ?AX TD 89784A, INDTVTDUALLY AND TN HTS OFTICÏAL
CAPACTTY, I,TEUTENANT !ÛILLTAM GOUGH, TAX TD 9T9I24,
TNDTVIDUALLY AND TN HTS OTFICT.AI CAPAC]TY, SERGEANT
FRflDERICK SAVüYER, SHTELD NUMBKR 2576, TNDTVIDUALLY AND IN
HIS OFFTCIAL CAPACTTY, SERGEANT KURT DUNCAN, SHTELD 2483,
INDTVTDUALLY AND TN HTS OFTTCTAL CAPACTTYI LTEUTENANT
CHRISTOPHER BROSCHART TAX TD 9].5354, INDTVTDUALLY AND ]N
HTS OFFICIAL CAPACITY, L]EUTENANT TIMOTHY CAUGHEY, TAX ÏD
885374, TNDIVIDUAT,LY AND TN HTS OFTTCIAL CAPACTTY, SERGEANT
SHANTEL JAMES, SHTELD NO, 3OO4 AND PCI'S JOHN DOE 1-50
INDIVIDUALLY AND IN THEIR OFFTCIAL CAPACITTES, JAMAICA
HOSPTTAL MSDTCAI CENTER, DR. ISAK TSAKOV/ TNDIVTDUALLY AND
IN HIS OFFTCIALLY CAPACTTY, DR. L]LIAN ALDANA.BERN]ER,
INDIV]DUALLY AND TN HER OTFTÇTAL CAPACITY AND JAMAICA
HOSPTTAL MEDTCAL CENTER EMPLOYEES JOHN DOE 1*50
INDIVTDUALLY AND TN THETR OTF]CTAL CAPACTTIBS (THE NAME
JOHN DOE BEING FTCTTTTOUS, AS THE TRUE NAMES ARE PRESENTÏ,Y
UNKNOI/üN) ,

LB

DEFENDANTS.

19

*----*---*x

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DAIE: June 5, 20L4

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TTME: L0:16 A.M

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24

(DEPOSTTION OT JOSNPH FERRARA.

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DTAMOND REPORTTNG

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.]OSNPH FËRRARA
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go to the next job, because there's pressure from the

COs

5

in regards to response time, fo: how long does it take a
cop to get to another job.
But. if an officer dj.d ask a vÍct.irn on the scene
A.
are you sure i.t was a pi.pe or a bat, do you beljeve th¿t

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would be an inappropriate questi.on?

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A.

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No, that would be aPProPriate.

18

is
So, your -- your problem with this is
A.
calling 1at-er?
Yes. The NYPD teachesl it-s of ficers Lo inLeracL.
A,
with the commr:nity on various clifferent l.evels and 1f an
offícer goes to a job and the person says they got hit with
a bat and robbad, 'Lhey got hif" wit.h a bat ancl robbed ancl
the offícer puts that down. f donrt know why later on
there would be further questi-ons in regards to that
compl,aint. The only furt.her quest.ion in my feeling and
real.-ly departmentallywise is t,haL t.hal- wíll go to the squad
and a detective assigned to that cåse would i.nvestígate

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t.hat crime.

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Vüho

do you believe was responsible for LhÌs

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of crime complaínts?
MR. SMIïH: Objection to

23

MR. KRETZ: Objection.

2t

downg::ading

A.

24

25

Who

fo::m.

actua.l.ly di.d il or who garre the orders lo

do

ir?
DTAMONI] REPORTTNG

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JOSEPH TIIRRARA
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A.
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Both.

ít fell on crime
they worked harld in irancl with t-he

Well, T believe iu

analysi-s people because

i.t

office.r in -- because crime analysis put
together all the complaints into a sysl-em and h¡as able lo
tally all the crimes up for the seven majors. 5o they
worked hand in hancj with the CO j.n al..l the precincts thal's
the way jt was.
commandíng

In the 81 precinct it wor¡ld be Df MaurÍello, you
know, giving t-he orclers t.o look at cerLain crimes. He
at roll calls or COs' meeti.ngs
would even sây it at the
tirat l-he desk off icers have Lo sl-art looking at special
compJ.aint .reports that come in because the oesk office:: is

2A

to review the complaint reporLs, but it went on in
Lhe -- in the l-03. f t wenl on Ín t.he¡ in t,he 44. Ït was
juat. a general practi'ce for commanding officers to try to
limj..t the amount of numbers that they have because the way
the job is if a CO has a rise in numbers and r.h€y want to
get promcf,ed thåt will stop them from getting promoted.
Do you believe that t.his downgrading of cri.ne
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compl.ainLs was of

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supposecl

A.
felt it
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A,

ficial misconduct?
I dontt know if it was official misconduct. I

was misconduct.

Did you ever repcrt th:s misconducL

1-o anyone?

No.

DIAMOND REPORTTNG

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79

JOSEPH T'ARRARA

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Why not?
A.
Because i.f you -- if you go around report.inq
/{.
stuff about your fellow wor:kers or your commanding officer
then chances årÊ you're going to geL yourse"lf jammed up
there's t.hat -- Lherers a perception in
because therers
the NYPD to punish people who t.ry to do good stuft

sometj.mes. So, I wasnrt looking to get myself jåmmed up by

of enemies with anybody or *- you know, T
was tryíng to just keep mysel-f out of lrouble and do the
right t-hirrg like J'm supposed t-o do.
And you believe that this quote, unquote numbe¡s
O.
game happened because Commissiorler Ke}ly and the commandÍng
officers wanted to see crime go down, ::-ight?
MR. SMITH: Objection to form.
making any kind

A.

Yes.

MR. SMTTI-I: Virhat was

16

the ans!úer to

t.hat.

questíon?

T7

THE WTTNESS: YCS.

1B

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in you:: e-mail- to
Mr. Norinsberg from August 11th yoll stated that lops äre
aLso directed to write certain movinç summonses, lheyrre
frownecl upon if they issue a brake li.ght, ta"illight,
head..l.ight suÍìmons, the cops have to write seab be1t, cell

24

phone gurrìmonses

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0.

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Nclw,

Ye

again, in

you.ìî --

--

s.

DTAMOND REPORTING

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.TOSEPI'l FNRRARA

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If a person reports something, especíaIly
uniformed member of lhe service, if you're repor;ing
somethíng against anot.her uniformed member of the serv"ice,
that's supposed to remajn confidential because riqht ar/^/ay

5

now

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you're going to have, yot.t know, tension beL,ween t.he
officer who reportecl and ** and the -- you know, the

t"0

subject. That's just not å fair tactic' it's why people
don't reporL, things i.n the NYPD any qui-cker is because of
experi ences like t.hi.s, s j"t-uaLions l-ike this
I-low do yor: know that ssmeone in IAB was t-he one
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who leaked Adrian Schoolcraft,'s name?

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talking in

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Peop1e h/êre

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And what ciid f-hey say?

t-he command.

i\pparently IAB, f think, calted up lhe

TS,

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telephone ewitcl¡board operator, and left a message for

16

School.craft. to cal.l back o:: something, that doesn'l

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normally happen. Thatrs what T think, you know, thatrs

L8

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L, you know, remember being, yol¡ know, overhearing.
So, when individual"s are ca.l.Ied to IAB for a PG
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hearing, how are they normally notÍfied?
I be..i.ieve the fCO gets the phone call. t.o noti.fy
A.
the subject in the p::ecinct that t,hey got to show up for a

2,3

PG

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25

what.

hearing.

A.
A.

And on what do you base
My experience being

DTAMOND REPORTÏNG

thal

opinj.on?

in fCO's office

when T was

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.]OSEPH FURRAR/{

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Sr:, when yoLl were a desk sergeant or a l-ieutenant

on 1-he desk, you never got a call from

IAB?

I don't believe so. And when Ï
No. I don't
A.
\^ras in IAB as ä sergeant anci a lieutenant the ICOs are the
ones we notified when we needed somebody to come down for a
PG hear"'i"ng. I¡ûe didn't notify -- we didn't ca.1.1 the
person's commåncì anci say, h*y, listen, this is IAB, we need
Joe Blow to come down to talk to us, it wasnrt like t.hat,
r:ot conf ident ial .
An ICO is supposed lo remain confi.dential, lhat-'s
what thei,r: duties and responsi.biliti.es are, is they're not
supposed tc broadcast to other members of the command hey'
Joe Blow got a PG hear ** a notification to come down for a
tha t ' s

J"6

hearing, that's one of their specific duties, is that
t.hey remain confidential wj"lh j"nformat"ion that they

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possess.

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PG

A.

So, it's your belief that fAB does not call the

reç¡ular telephclne swÍtchboard to schedule

PGs

of officers

2A
21,

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llbsolutely.
reqarclless of whether they're subject or

wi.tness officer?

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A

Yes.

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v

And

so, it's your understandinq based on what

D]AMOND RËPORTING

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JOSEPI{ FERRARA
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t.he 81 Precinct from AprÍl until your surgery lelfs say?

A.

No.

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Did you ever discuss the troubles you had had as
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a result of the things you told us about with Stêve

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Mauriello?

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A.

I might have.
Do yclu have any

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A.

I

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As one of Lhe attorneys in this cåse responds in

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recollection of it?

No.

saying anything is possible, but I just want to know --

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A.

I mÍght

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0.
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-- what it is you reca].l.
I might have
But you don'c have any recollection?

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0,
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So, you don't have any lîecollect,ion of anything

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have.

No.

he migl^rt have said ín response or anything of the sort,?

A.

No, I really donrt.

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And you throughout your testimony were t,alking
A.
and referring to a couple of oifferent types of conduct,
officj.al mi.sconduct, ¡nisccnduct or just generally

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ínappropriate behavior.

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t?

You've t<¡Id us that you thought., I think lhese

24

were your words, that it was inappropriat,e for MaurielLo

25

refer to Schoolcraft as a raL.
DIAMOND REPORTTNG

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20"7

.'OSTIPH FARRARA

Ts that ** was Lhere one -* more than

1

tv\to

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recordings that you had search th.rougþ Lo find oub if there

3

was any[hing useful

(*

only

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or has it always been that, there

were

two?

A.

No, there was two. ?rlhat I was referring r*o by

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searching, those meetings were an hour and ten minutes

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each, I had to go Lhrough and listen

a

ninules worth to see if there was anything that pert"ained.

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an hour and ten

Okay. hlere you ** your purpoñe in making the
recordings was to record MaurielLo saying something
inappropriate aboul Schoolcraft you le11 Lts, right?

A,

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And, ser when Norinsberg is asking you for

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j..nformation you don'i recall at that time whether

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recordings you made for the sole purpose of recording

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Mar:rie-L.lo

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cÕntained such inappropriate things?

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t.he

sayjng inapprcpr:iate thi.ngs about, SchoolcrafL

A.
I wasn't sure exactly what was said. f wasn't
sure if he used the word rat. I donrt *- f wâsrrr't sure how
he referred to Schoolcrafl-, so I had to go back and look
just to see because, Vou know, Lhere's there's multiple
ways of referring to peopJ-e and I just dictnrt want to say l\
and i,t was B, so T had t.o go back and review it.
Di::ect.ing your attent.iün to pâge L27441
a,
Mr, Norinsberg writes to you on August 11, 2010. I wou-Ld
DTAMOND REI?ORTING

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2L9
JOSNPH F'ERRARA

Mr, Ferrera, how are

1

a

He-1"1o,

,

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Ciood. Thank you

you?

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I'm gr:ing to ask you a few nore questions. I
know it I s been a long day. f.f there's anything about the
queslion, the way I ask itr itrs nof cl,ear, Iet me know and
Itll try and rephrase it.' okay?
A.
Yes.
Atl right, great.
A.
You were asked questions earlier about Lhe two
recordings that you made at l-he 81 CO meeLings. And you
said that those wÊre on Februa.r:y 18, 201-0 and Ap.ril 1,

.t.¿

201-0; j.s that. right,T

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A,

Yes.

I think you said t.hat you were at a meeting,
anoLher COst meeting prior to February 18, 2010 and at that
a.

And

rneeting DI Mauriello made

A"

some

statements, right?

Yes,

And those stalements rel-ated to Schooicraft; is
0,
that right'?

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À

Voc

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0

Can you

22

whatever

te1I

me how many

days, weeks' months or

23

other vray you can measure it. that t,hose sLatements
wëre made in relationship to the Februa,ry 1"8, 20L0 meetinq

24

that

25

A

you recorded?

It probably would have been right before this

DTAMOND REFORTÏNG

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JOSUP}I FERRARA
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February LBth¡ so whatever CO meeting Lhere was before that

2.

it

probably would have been at that meeting Lhat I first

heard it or -- I don't know how --.you know, I don't recall

bul it probably would have

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how oft,en he had COs'meetings,

5

been the mosl- recent one befc¡re t.hat..

B

Okay. So, sitting here t-odäy iLrs your belief
A.
that that meeting which prompt.ed you to make t-he recording
on February 1"8th happened two or four weeksr approximately,

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before flebruary i.B,

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20i.0?

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A.

Yeah, probably.

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A.

Do yeu

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MR.

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Do you

Lf;E¡ Objection to

form,

recalL what Mauriello said at that,

1,4

meeting, t-he one that preceded the February 18,

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meetlng thãt you did record?

T6

21,

A.
rlust that Schoolcraft's a rat, something to that
effect. Sichoolcraft and a rat. I donft remember word for
wo::d exactly what was said.
Dici Mauriel-Io say in your presence words to the
A,
effect that he knew that Schoolcraft was a rat or that he
had been qiven information ai:out that or anythinç like

22

that

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tõ
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201-0

?

ï t.hink

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got a

25

have been

heads

he sa.i.d someLhi.ng

uÞ, but I

rea

lly

prior to those --

DÏAMOND REPORTTNG

t.o

t.he

don ' 1: remember

effect that i've
and that would

those two recordíngs.

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224

JOSEPI{ FERRARA
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Irorked for him.

1

I believe he was Lhe comm¿rndirig off icer of one of
the groups in IAB' so lhere was a c.Iose working
relationship between de] Pozo and Campisi himself as well
as Lhe other chiefs in the bureau.
Häd you ever heard of other occasions where COs
0.
got a heads up about- invesligaiions that were going on

a

aL¡c¡trt

I

A.

2

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T

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t"0

b¡as

thei.r

commands?

Yeair, T heard *- I've hea.r:d people talk Lhal a

CO

given a heads up.

2,1

Wt¡ere -* wirere v{ere you when you heard this?
aT was in IAB because there v{as a group 56 CO who
A.
was -- Captain ** his name slips my mind, but he was the
group 56 CO after Lunetta. I thínk he had several
invesiigat.ions on him, you know, allegations r:f corruption
and misconcÌuct with j.n hi s g.r:oup thal- was against, him and he
knew about every single one of bhem. You know. How doe$
somebody find out about j-t if somebody higher up in IAB is
not lellíng him?
i got a tittle bit jumbled up about your c.areerl
0.
Itm sure you covered it, f 'm just not c"lear. T hope you

22

bear wi-th

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1s

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For how yeårs díd you work at

1a

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me.
TAB?

I believe all together it was five, I believe it
was probably close to three years as å sergeant and maybe
A,

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JCISEPH FERRARA
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two years as a .l.ieuf.enant. Four plus years al-I together,

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naybe.

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Ll

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6
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Do you

recalL any olher: circumstances where COs

gol. heacls up other than l-he ones you've mentÌoned today?

Just -- nô, that -- lhat's really hl"t' I mean
people talk, you know, from group to grorrp people talk
about this C0, thaL CO. You know, I mean I canrt say
definitely, you know, I know that the group 56 CO
definitely got a heads up because my wife worked in group

A.

1"9

unlil she retired and she was made aware lhatr VÕu know'
there was allegations being made,aqainst t.hat commanding
officer, so that I cìefinitely knew because she knew.
As far as anyÌ:ody e.lse, I mean t.here I^/âs ålways
word of -- you know, there v,¡as aLways word t-hat oh, yeah,
IAB ii.pped aff so and so anrl you know, because the job -the job t.ries to p::otect who they l-ike, YOU krlow. There
åre there are some Cos who get hit for fudgi.ng numbers
and they geL transferred. T'here are some COs who hil for
fudging numbers and they get t-o1.d you got to leave' yôu got

?,t

to retire.

1't

t?

the -* the CO rn group 56 before Capiain
Lunetta was this woman CapLain Ferman, she was
Af rícan*American wornan, she got caught fr.idgl"ng nr:mbers

24

which

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56

Um,

tied in1-o the whole Brohenny thing that we spoke
about earlier with Uhe computer mi.suse that he ran a nephew
v\¡as

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JOSEFH FERRARA
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and lieutenant, f was a nobody Ín that bureau.

0.

lhank you.

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TllE VIDEOGRAPHER: AnYt,hing else?

4

MS. PUBLTCKER METTHAM:
THE VIDEOGRAPHTR:

NO.

This concl"udes today's

6

deposition of Joseph Ferrera' !üe are now off the

7

record at 4:53

P'm.

(lihereupon, at

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4¡

53

P

.M.

, the Examination of

t,his Wítnese was concluded.)

r.0
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.JOSEFH FER,RARA

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Subscribed.and sì^rorn to before

this

day of

me

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NOTARY PUBLTC

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