Witt v. Department of the Air Force et al

Filing 116

DECLARATION of Sher Kung and Exhibits A-K filed by Plaintiff Margaret Witt re 115 MOTION for Sanctions due to Spoliation of Evidence (Attachments: # 1 Exhibit L-BB)(Dunne, Sarah)

Witt v. Department of the Air Force et al

Doc. 116 Att. 1

EXHIBIT L

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA MARGARET WITT, Major, ) ) Plaintiff, ) ) v. ) ) UNITED STATES DEPARTMENT OF THE ) AIR FORCE; ROBERT M. GATES, ) Secretary of Defense; MICHAEL B. ) DONLEY, Secretary of Department ) of the Air Force, Colonel; ) JANETTE L. MOORE-HARBERT, ) Commander of the 446th ) Aeromedical Evacuation Squadron, ) Colonel; McChord AFB, ) ) Defendants. ) _________________________________)

NO. C06-5195-RBL

Deposition of MAJOR GENERAL ERIC W. CRABTREE, taken on behalf of Plaintiff, at 2040 Main Street, Suite 250, Irvine, California, commencing at the hour of 1:12 p.m., ending at 2:31 p.m., on Wednesday, March 24, 2010, before MICHELLE LOTT-MEYERHOFER, CSR 8226

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Major General Eric W. Crabtree

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A

Yes.

The results of the board are usually So I was

released in the late fall, December timeframe. waiting to find out the results of the board. Q A Q A Okay.

And you stayed at McChord until when?

I was there until 2007. When did you leave in 2007, if you know? I left in -- I went to Denver in the September

timeframe also. Q A Oh, okay. And you were stationed in Denver for?

For basically 18 months as the Commander of the

Air Reserve Personnel Center. Q A Where is that? What base is that?

It's on a complex that used to be part of Lowry Lowry closed a number of years ago

Air Force Base.

except for, basically, one building left, which houses the defense finance and accounting service in the Air Reserve Personnel Center. Q A And are you on a list for promotion now? No. I just got promoted to major general this

year, just pinned on as of the 2nd of February. Q Okay. And do you have any plans of retiring

from the Air Force in the next two or three years or is it -A Probably so. You have to do three years in So I will have to

grade in order to retire at that rank. 10
Major General Eric W. Crabtree

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A Q

No. This might trigger a memory or it might not. Is

it possible that you knew, before the Summer of 2004, that there is this Major who's on the Promotional Recruitment Literature for a career in the Air Force Nursing Corp. that features her photograph? anything you every knew? A Q No, not until after the action started. So what is the first thing you ever found out Is that

about Major Margaret Witt? MR. DIEDERICH: Objection. Let me just caution

the General to the extent it's a conversation you had with an attorney about the case. answer is. I don't know what the

I just want to caution him to be careful That's all.

about conversations with an attorney. MR. LOBSENZ: Q Okay.

Well, why don't you answer this question yes or

Is the very first thing you ever found out about

Major Witt something you learned from an attorney? A Q A No. Okay. It was from, actually, headquarters. So what did you find out at that time?

I was told that -- I received notification that

a complaint had been filed through the chief of staff of the Air Force's Office alleging that Major Witt was involved with a woman in the Spokane area. 14
Major General Eric W. Crabtree

And I was

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directed to do an investigation to find out if the allegations were true. Q Who is it that directed you to do an

investigation? A It was a letter from the Air Force Reserve

Command Headquarters. Q A Q Air Force Reserve Command is in Robins? Yes, Robins Air Force Base. So it's the Commander of Air Force Base Robins

that's sending you this directive? A It actually -- I'm thinking it came through the

Judge Advocate's Office there. Q order? A I don't know. If I had a copy of the letter, I So is there a name? Who is actually giving the

could tell you. that time. Q A Q Reserve? A Q Yes.

But I don't know exactly who it was at

But it's someone at Robins? Yes. Who is, at that time, Commander of Air Force

So if we just figured out who the Commander was

of Air Force Reserve in the Summer of 2004, that would be the person probably? 15
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MR. DIEDERICH: BY MR. LOBSENZ: Q A Is that right?

Objection.

Form.

I believe so, yes.

That would have been General

Sherrard, S-h-e-r-r-a-r-d. Q order? A Yes, a letter from them telling me that there And this comes to you in the form of a written

have been allegations and that I need to do an investigation. Q Have you seen that letter in the last year or

No, I haven't. A copy. Have you been asked to look for it? I don't have any of the files on the case. I

left them at McChord Air Force Base when I left.

So I

did look to see if I had anything related to it, but I don't. Q right? A Q Right. General Sherrard, do you know where he got his And this would be General Sherrard; is that

orders from? A It would have come as a notification from the 16
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BY MR. LOBSENZ: Q Okay. I'm going to use this date which you

signed on, May 18, 2004, for a moment as kind of a dividing line and first ask you questions about up until May 18, 2004. At least as of that date, had you ever

heard anyone make any negative comments about Major Witt? A Q No, I hadn't. Had you ever heard, up until that date, anyone

complain about her? A Q that? A Q No, I can't say. Had you ever heard anyone, prior to May 18, No. Had you ever heard anyone praise her prior to

2004, say they suspected she was a lesbian? A Q No. Had you heard anyone say, prior to that date,

that they either assumed or believed she was a lesbian? A Q No. So now I will jump back to you were telling me

you got orders from General Sherrard to conduct a fact-finding investigation; is that right? A Q Yes. And those orders came to you solely in the form

of this written order? 24
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Q

Does this trigger any memory of the process you

went through when you received orders from General Sherrard? MR. DIEDERICH: THE WITNESS: Objection to form.

My recollection would be, in a

case like this, when I was notified, the Judge Advocate's Office at McChord would prepare a letter to him saying we have been directed to do this investigation. And he

would sign this authorizing letter and provide that as part of the case materials to the Judge Advocate's Office. BY MR. LOBSENZ: Q Why would the Commander of the 4th Air Force

need to authorize this if it had already been directed by General Sherrard? MR. DIEDERICH: THE WITNESS: Objection to form.

My understanding is he is -- the

4th Air Force Commander has court-martial convening authority for the Wing. And, therefore, in case the

action should lead to any court-martialing actions, he has to authorize the investigation and be aware of it as the convening authority. BY MR. LOBSENZ: Q Okay. Am I understanding correctly then,

because there's a possibility that it might go 28
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court-martial, it has to go through the person with the convening authority for court-martial? A Q That's my understanding. And so you get number two, Exhibit No. 2 from Does that tell you anything at all

General Duignan.

about whether he makes some decision about whether it's going to proceed on the court-martial track or not? MR. DIEDERICH: THE WITNESS: BY MR. LOBSENZ: Q So it still could? At least as of July 7th, Objection to form.

No.

2004, it still could have led to a court-martial? A Yes. MR. DIEDERICH: BY MR. LOBSENZ: Q Okay. When General Duignan says "I have Objection to firm.

reviewed your request for authorization," is that because what was prepared by the Judge Advocate General went to him under your signature? A Q Yes. So you ask h