Schoolcraft v. The City Of New York et al

Filing 529

MEMORANDUM OF LAW in Support re: 528 MOTION in Limine to exclude certain evidence at trial - Correcting the Deficient Docket Entry Number 492. Re-Filing of Document 492 under the correct "event type". Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit A - Eterno Deposition Excerpt)(Fitch, Joshua)

EXHIBIT
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J. ETERNO

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A.

Yes.

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Q.

Assuming that the department physician, Dr. Jafo,

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requiring

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A.

Restricted duty.

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Q.

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A.

No, modified is when you are in trouble.

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Q.

Sorry, okay, restricted duty.

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A.

That I s okay.

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independently decided to place Schoolcraft on modified duty

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stress on the job, assume further that Lambstein

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Schoolcraft was exhibiting acute anxiety, secondary to

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psychiatrist, Dr. Lambstein, assume Jafo had observed that

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independently referred Schoolcraft to the'department

Q.

SO, restricted duty, and required his gun and

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think they called it modified duty.

shield be taken, okay?

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A.

Yes.

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Q.

That Schoolcraft told Lambstein he had gone to

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the hospital because he felt weak and had a thumping in his

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chest.

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Schoolcraft told Lambstein he had stomach
diarrhea~

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problems for the last six months, including

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Schoolcraft told Lambstein he had trouble ,sleeping for the

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last three months.

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having chest pains for approximately one year.

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That he told Lambstein he had been

That he told Lambstein he likes his job, but

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DIAMOND REPORTING

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J. ETERNO
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hates where he is assigned, that he is not paranoid, and

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does not suffer hallucinations, but wonders if he was

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assigned to the 81st to get jammed up.
Lambstein saw Schoolcraft three times prior to

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October 31st, in April, July and earlier in October.

That

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she recommended that Schoolcraft make an appointment with a

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private doctor to address his stress and anxiety and anger

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and resentment toward the job.
That Schoolcraft never followed the advice of

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Lambstein, and never went to see any of the specialists she

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had recommended.

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saw Schoolcraft that it was in his best interest to remain

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on restricted duty.

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told prior to October 31st why Schoolcraft was placed on

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restricted duty.

That Lambstein also decided each time she

That no one at the 8lst Precinct was

That he left work on October 31st claiming not to

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feel well.

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because he didn't feel well, because he felt menaced by one

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of his supervisors, apparently because he was walking

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around with his gun in his holster in the precinct in a way

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that he thought suggested that he was about to do him harm.

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That he later revealed he left work, not

He expressed the view that he thought this

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officer, deputy control officer, was trying to lure him

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into the back room of the precinct so he could do him harm.

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Schoolcraft said he wished he had a gun so he

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J. ETERNO
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could have a fair fight with that deputy control officer.

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That he left work, ignored the desk sergeant when she told

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him he did not have permission to leave.
That he recorded his entire tour from October

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31st from 6:30 in the morning until he left around 2:30.

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A.

Is there a question here?

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Q.

There is going to be, in the end.

You apparently

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don't know a whole lot, so I'm going to try to ask you to

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assume a whole lot that

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understand to be so.

And the·n

you are going to give me your opinion, okay?
He recorded his entire tour, he ignored the

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efforts by the N.Y.P.D. to reach him on his cell phone

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after he left.

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The desk sergeant checked with the N.Y.P.D. sick

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desk to see if he had gotten permission to leave and they

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learned he had not gotten permission.

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The Blst then sent an officer to his home to find

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out if he was home and to establish contact with him.

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Schoolcraft did not respond to those efforts to make

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contact with him, despite being wide awake and knowing they

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were trying to reach him.

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That he participated in several telephone

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conversations through the afternoon and the evening while
in his apartment, which he recorded, while ignoring the

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efforts by the N.Y.P.D. personnel at the scene to speak
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J. ETERNO
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with him.
That the N.Y.P.D., specifically Lauterborn,

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proceeded to try to find other ways to confirm his location

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and to reach him, including speaking with his father and

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Dr. Lambstein.
That Lambstein called Schoolcraft while in his

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apartment and left a voicemail message, which Schoolcraft

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listened to and then recorded, in which she urged him to

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communicate with her captain, or with her, so that the

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situation could be quickly resolved and not escalate, and

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that Schoolcraft chose to ignore that message.

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That for six and-a-half hours Schoolcraft ignored

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all efforts by the N.Y.P.D. to make contact with him,

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despite being wide awake and fully aware of the efforts to

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reach him.

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constant contact with his father, discussing strategy on

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what to do as the circumstances evolved.

That in that period, Schoolcraft was in almost

In your opinion, assuming all I have stated is

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true, does any of this support the conclusion that the

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N.Y.P.D. made, that Schoolcraft was an E.D.P.?

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MR. SMITH:
A.

Objection to the form.

I would need to know how much they knew when they

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entered the apartment.

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me, how much of this were they aware of when they entered

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and did what they did?

All of this that you are telling

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J. ETERNO
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Let me ask you this way.

Q.

How consistent is that

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behavior with the decision by the N.Y.P.D. to declare him

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an E.D.P.?
MR. SMITH:

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A.

Objection to the form.

As I said in my expert report, you need to show

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mental illness and dangerousness.

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this is bizarre behavior, I would not agree that this is

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someone that should be forcibly brought to a hospital.

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would suspend him, I have no issue with that.

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While I will agree that

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However,

E.D.P. ling him is a completely different matter.
Q.

Let me assume further that before the N.Y.P.D.

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personnel entered his apartment on the first occasion,

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Schoolcraft recorded himself expressing his desire to his

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father to be taken to the hospital, that before anyone

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entered his apartment, Schoolcraft and his father were

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talking on the phone.
And while Schoolcraft was running his recorder,

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and his father discussed what sickness he should pretend to

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have.

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agreed Schoolcraft should agree to be sick.

have cancer, while his father recommended that he say he

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has diarrhea.

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Schoolcraft

Schoolcraft wondered whether he should pretend to

That once N.Y.P.D. personnel entered his

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apartment, Schoolcraft explained he left work because he

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wasnlt feeling well.

They advised him they wanted -him to

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