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f726c444-26a2-4e75-8750-d2bb595508c4Electronically signed by Mary Fulton (001-060-973-7022)

Patrice Mutchnick, et al. v. Cheryl Green Hochla, et al. October 13, 2015Cheryl Head D-202-CV-2014-06756

505-830-0600Trattel Court Reporting & Videography

STATE OF NEW MEXICOCOUNTY OF BERNALILLOSECOND JUDICIAL DISTRICT COURTNO: D-202-CV-2014-06756PATRICE MUTCHNICK, individually, and as PersonalRepresentative of the Estate of ELLA JAZ KIRK, deceased;JOHN MAHL and JENNIFER MAHL, individually, as PersonalRepresentatives of the Estate of MICHAEL MAHL, deceased,and as parents and next friends of DANIEL MAHL, a minorchild; ALEXANDER MAHL, individually; BRIAN MYERS andJENNIFER DOUGLASS, individually, as PersonalRepresentatives of the Estate of ELLA MYERS, deceased;and RAVEN MYERS, individually, Plaintiffs, vs.CHERYL GREEN HOCHLA, as Personal Representativeof the Estate of PETER HOCHLA, RURAL HEALTHOUTREACH, INC., a New Mexico Corporation, andALDO LEOPOLD CHARTER SCHOOL,

Defendants.

VIDEO DEPOSITION OF CHERYL HEAD October 13, 2015 9:11 a.m. 111 Tulane Drive, Southeast Albuquerque, New Mexico

PURSUANT TO THE NEW MEXICO RULES OF CIVILPROCEDURE, this deposition was:TAKEN BY: BEN DAVIS Attorney for Plaintiffs

REPORTED BY: Mary L. Fulton, RPR, CCR 132 Trattel Court Reporting & Videography P.O. Box 36297 Albuquerque, New Mexico 87102




2 (Pages 2 to 5)

1 A P P E A R A N C E S2 For the Plaintiffs:3 THE DAVIS LAW FIRM, LLC

111 Tulane Drive, Southeast4 Albuquerque, New Mexico 87106

BY: BEN DAVIS5 (505) 750-8742

[email protected] For Estate of Peter Hochla:8 RODEY, DICKASON, SLOAN, AKIN & ROBB, PA

201 3rd Street, Northwest, Suite 22009 Albuquerque, New Mexico 87102

BY: DAVID W. BUNTING10 (505) 768-7374

[email protected] For Aldo Leopold Charter School:13 WALZ & ASSOCIATES

133 Eubank Bouldvard, Northeast14 Albuquerque, New Mexico 87123-2709

BY: JERRY A. WALZ15 (505) 275-1800

[email protected] Also present: Bob Reed1819202122232425

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1 I N D E X2 EXAMINATION OF CHERYL HEAD3 By Mr. Davis 54 By Mr. Bunting 5956 WITNESS SIGNATURE/CORRECTION PAGE 617 REPORTER'S CERTIFICATE 6289 EXHIBITS MARKED OR FORMALLY IDENTIFIED

10 Exhibit 26 Diagram 25111213141516171819202122232425

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1 THE VIDEOGRAPHER: Today is 13 October2 2015. The time is 9:11. The location is at the3 Davis Law Firm, located at 111 Tulane Drive,4 Southeast, in Albuquerque, New Mexico 87106. The5 court reporter is Mary Fulton. My name is Bob6 Reed, a legal video specialist of Trattel Court7 Reporting & Videography, located at 609 12th8 Street, Northwest, in Albuquerque, New Mexico9 87102.

10 The case number is D-202-CV-2014-06756,11 filed in the State of New Mexico in the County of12 Bernalillo in the Second Judicial District Court,13 entitled Patrice Mutchnick, et al., v. Cheryl14 Greene Hochla, et al. The witness is Cheryl15 Head. The video deposition is requested by Ben16 Davis.17 Will counsel and all present please18 identify themselves for the record.19 MR. DAVIS: Ben Davis on the behalf of20 the plaintiffs.21 MR. WALZ: Jerry Walz on behalf of Aldo22 Leopold Charter School, and I'm here representing23 Ms. Cheryl Head, who is the deponent today, and24 she is present.25 MR. BUNTING: I'm David Bunting,

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1 representing the Estate of Peter Hochla and Rural2 Health Outreach.3 THE VIDEOGRAPHER: Mary, you may swear4 in the witness.5 CHERYL HEAD,6 having been first duly sworn, testified as follows:7 EXAMINATION8 BY MR. DAVIS:9 Q. Could you state your name for the record.

10 A. Cheryl Head.11 Q. Ms. Head, do you have a middle initial, a12 middle name?13 A. Leigh, L.14 Q. Thank you. All right. I want to go -- have15 you ever been deposed before?16 A. No.17 Q. All right. So let's go over just a few of18 the ground rules in a deposition. And I'm sure your19 counsel has been over that with you, but I just want20 to make sure you and I are on the same page. Okay?21 A. Okay.22 Q. The first rule is you understand that you23 were sworn in just now, and so you need to tell the24 truth and the full truth. Do you understand that?25 A. I do.




3 (Pages 6 to 9)

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1 Q. Okay. And even though the full truth may2 harm or hurt some of your friends or Aldo Leopold, the3 school here, you still have to tell us the full truth.4 Do you understand that?5 A. Yes.6 Q. And this is just like in front of a judge or7 a jury, so I want you to treat it just like you were8 in trial and telling the truth and sitting on that9 witness stand. Okay?

10 A. Okay.11 Q. The other thing is we are going to have a12 conversation today, but it is not a normal13 conversation. And what I mean by that is you can14 anticipate what I'm going to ask you and probably give15 me an answer without having me finish the question,16 and that's polite in normal conversation. It is --17 doesn't really work here today, because our court18 reporter has to take down a question and an answer.19 If my question is cut off, when we go back20 three months from now and -- or six months from now,21 we're getting ready for trial and we're trying to22 understand what you testified to, everyone is going to23 be scratching their head because I didn't have a24 complete question, but at the time you and I25 understood what we were talking about. So if you

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1 could, just let me ask the question and then just give2 a little bit of pause -- your counsel may want to3 object, usually not, but he may want to object -- and4 then answer the question. Okay?5 A. Okay.6 Q. Finally, we will need verbal answers.7 You've been very good about that already, but8 (gesturing) -- she doesn't pick that up. You see? So9 you just need to verbalize your answer, whatever that

10 may be. Okay?11 A. I will.12 Q. Thank you. Are you taking any medications13 or drugs that would affect your ability to testify14 here today?15 A. No.16 Q. All right. The other kind of rule is I can17 sometimes ask very clumsy questions. And what I mean18 by that is you can do one of these and you won't19 really understand the question. I don't want you to20 answer a question you don't understand. Okay?21 A. Okay.22 Q. So if there's a question that you don't23 understand, just alert me to that and say, Boy, I --24 I'm grasping at straws here, don't really understand25 what you're asking me. And I will try to rephrase the

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1 question if I can. Sometimes I can't rephrase the2 question and I may have you answer to the best of your3 ability or, you know, to what you understand. Okay?4 A. Okay.5 Q. But if you don't ask me to rephrase or alert6 me that the question is poorly formed, then I'm going7 to assume you understood the question. Is that fair?8 A. Fair enough.9 Q. All right. Could you give me your date of

10 birth, please.11 A. 10/4/66.12 Q. And what are the last four of your Social13 Security number?14 A. 6231.15 Q. All right. Where do you currently live?16 A. Hanover, New Mexico, just out of Silver City.17 Q. What's your physical address?18 A. 82 Georgetown Road.19 Q. I'm trying to place Hanover. Where is that?20 A. It's east of town. It's -- like if you're21 heading out of town and going to go over the Black22 Range, on that road just past the mine overlook.23 Q. Ah, okay. I do know where that is.24 A. Out in the country.25 Q. Yeah. Where do you currently work?

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1 A. Aldo Leopold.2 Q. What's your position there?3 A. I'm the school counselor.4 Q. What type of counselor?5 A. The guidance counselor, career planning,6 credits, crisis intervention.7 Q. We'll swing back to that and kind of get8 more specific on your duties. Sounds like maybe you9 have kind of two parts to that job a little bit, so I

10 want to go back to that.11 Let me just ask a few things here. And,12 again, this is no implication on you or anything. I13 just need to verify some information.14 A. Certainly.15 Q. Have you ever been arrested?16 A. No.17 Q. Have you ever been charged with any type of18 crime, misdemeanor or felony?19 A. No.20 Q. And I'm excluding traffic citations.21 A. Yeah, I've gotten traffic, a couple of times,22 but not too many.23 Q. If that were the standard, I would be in hot24 water I can assure you, so...25 A. No arrests.




4 (Pages 10 to 13)

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1 Q. All right. No arrests.2 Ever terminated from any job?3 A. No.4 Q. Okay. Ever disciplined on any job?5 A. No.6 Q. All right. Can you tell me a little bit of7 your educational background. Where did you graduate8 from high school?9 A. I graduated in Fort Collins, Colorado, from

10 Heritage Christian. And then I attended Colorado State11 for two years and graduated, ultimately, from Southwest12 Missouri State in Springfield for my undergraduate.13 Q. What was your undergraduate degree in?14 A. BS in education, mathematics. I was a15 teacher.16 Q. Sounds like you have some additional studies17 after that?18 A. I have a master's degree in counseling. I got19 that at Western.20 Q. When you say a master's degree in21 counseling, what kind of counseling? My -- I'll tell22 you my wife's a social worker, so when she says23 master's degree in counseling, you mean social work,24 and it's therapy type of thing. Is that what you're25 talking --

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1 A. Mine is actually an MA in counseling. And I'm2 licensed in mental health as well as school.3 Q. So could you -- I guess, if you sought a4 license, could you --5 A. I have it, actually. I have an LPCC license6 for --7 Q. You do. Okay.8 A. -- professional clinical counseling as well.9 Q. All right.

10 A. I could go hang a shingle.11 Q. You could. Okay. Have you ever done that?12 A. I worked under another counseling13 organization, but I haven't actually worked14 independently.15 Q. All right. When you -- did you just work16 under another counseling set of folks just to get your17 license, or did you actually --18 A. When you first get your master's you're -- you19 have a level of licensure, but it's not an independent20 level, and you have to work for a certain number of21 hours and take an additional test before you're22 independent. So I did my supervised practice under the23 counseling center before I went for my independent24 license.25 Q. Okay. And maybe this will help me

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1 understand a little bit about -- can you just kind of2 go through your work history after -- first, after --3 was it Missouri State, you said?4 A. Southwest Missouri State. I think it's now5 Missouri State. They have enveloped the campus.6 Q. Okay.7 A. I worked for five years in Missouri as a math8 teacher, and then came to New Mexico and -- do you need9 to know like all my business? I left my crazy hillbilly

10 husband and I came to New Mexico, and...11 Q. No.12 A. Okay.13 Q. No, I do not need to know about your14 hillbilly husband.15 A. Okay. Thank you. I came to New Mexico. I16 worked at the assay lab at the Cobre Mines for a little17 bit, and then I got a teaching position at Snell Middle18 School. And I got married. I had children. Then I19 went to work at the Montessori school. And through that20 I was connected with a couple of math professors at21 Western who found out I had a degree in math, and so I22 worked as an adjunct at Western. And while I did that,23 I paid for my master's degree, because you get tuition24 credit when you teach.25 Q. When did you get your master's degree? What

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1 year was that?2 A. '08 is when I graduated, I believe.3 Q. When did you graduate from Missouri --4 Southwestern Missouri State?5 A. '89.6 Q. Okay. All right. And I don't need to know7 personal information, but what led you to New Mexico?8 Was there a job?9 A. I was born in Silver City. So I came back to

10 see my granny.11 Q. I see. Have you ever had any of your12 professional licenses revoked?13 A. No.14 Q. Suspended?15 A. No.16 Q. Do you also have a license to teach in New17 Mexico?18 A. No. I let that lapse. I haven't gone back19 for it.20 Q. Okay. When did that lapse?21 A. Oh, after my daughter was born. '96-ish, '97.22 Q. All right. How long have you worked for23 Aldo?24 A. This is my sixth year.25 Q. Have you always held the position you're at?




5 (Pages 14 to 17)

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1 A. At first I was counselor/dean of students,2 different title.3 Q. How long were you the dean the students?4 A. For three years.5 Q. So you started in 2009?6 A. No. I think I was there in '10. The school7 year '10-'11 was the first year.8 Q. All right. Were you the dean of students9 when this airplane crash occurred?

10 A. No. No. That was the first year Maddy Alfero11 had come in as dean of students.12 Q. Can you -- for the year this crash occurred,13 can you describe for me your job duties as a14 counselor.15 A. Okay. So for the school year -- that was the16 first year our middle school had opened. So my duties17 had expanded to include the sixth, seventh and eighth18 grade as well, but in a similar way. I tracked student19 credits, progress towards graduation. I kind of monitor20 their academic performance, how they're doing in their21 classes. Set up meetings to see if, you know, we need22 to do something differently for kids to help them be a23 little more successful. Communicate with parents about24 concerns. Meet with students about concerns. Have an25 open door if they need to come in and talk about any

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1 problems that they may be having.2 Parents contact me if they are worried about3 something and want me to, you know, check on a kid or4 something like that if they had a hard morning. I set5 up dual-credit classes. I help kids, you know, explore6 their college options and make sure that they have the7 credits and the reqs needed to get into wherever they8 want to go.9 Q. Were you involved at all with the internship

10 program?11 A. Other than just maybe helping guide some12 ideas -- you know, I think one thing that's really13 strong about our kids in that program is that they get a14 chance to in vivo explore things that they think they15 might want to do and see what it is. So they actually16 go and intern at a veterinary office or at a steed ranch17 or, you know, wherever, and get a feel for careers of18 interest before they actually spend four years pursuing19 it and realize that they don't like teaching, you know.20 So I think that it's a pretty cool opportunity21 for kids. They end up -- the freshman year is just22 community orientation. And that's where they do a lot23 of outings and a lot of exploration around the24 community. They get to see some of the different sites25 that they might choose. And then after their freshman

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1 year, they actually choose the next six semesters, so a2 different internship every time.3 Q. Were you involved with YCC at all?4 A. No, other than similar to that.5 Q. Okay.6 A. I help them do their YCC scholarship. At the7 end if they served a certain number of semesters, they8 get a $1500 scholarship.9 Q. Tell me about that. I don't think I've

10 heard -- understood that just yet.11 A. So if they stay in New Mexico and go to a New12 Mexico state-funded university, it's a $1,50013 scholarship. Or they can cash out and get a $500 cash14 bonus or something to go where they want. And it's15 after a certain number of semesters. I don't know the16 full criterion of that. It's -- that's more Deb's17 realm, to see if they fulfilled what they needed to18 fulfill for that. But it's funded through the Youth19 Conservation Corps, not us.20 Q. I see. Okay. And so is there -- sounds21 like there's a guidance section for your job and then22 also kind of a mental health?23 A. Social-emotional.24 Q. Yeah.25 A. Uh-huh.

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1 Q. Okay.2 MR. WALZ: You have to "yes" or "no."3 A. Yes, sir.4 Q. Okay. Thanks.5 And, yeah, you were finishing my question,6 which is -- you knew where I was headed.7 A. I apologize.8 Q. Thanks. All right.9 So in terms of the mental health, I mean --

10 how would you describe your day in terms of a split,11 if there is such a thing, any given day? Is it -- how12 do you split between those two kind of hats you wear?13 A. There isn't a distinct split necessarily.14 There's not like scheduled office hours or times where I15 have -- you know, I don't do set appointments. It's16 more of intervention in the moment, you know, I'm having17 a hard day. I just broke down in class because I broke18 up with my boyfriend yesterday. You know, those kinds19 -- I fought with my mom this morning at home. Crisis20 intervention is how we would coin that.21 If it feels like it's something that's needed22 to be more, I do referrals. I help kids and parents get23 connected to outside resources for a more formal24 therapeutic intervention. I don't do therapeutic goals.25 I don't do notes.




6 (Pages 18 to 21)

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1 Q. Okay. So if you feel that something is2 beyond kind of your limited intervention --3 A. Exactly.4 Q. -- then you'll refer them out. Okay.5 With the children we're here for today, does6 anything in terms of crisis intervention that you did7 for them strike you or any concerns you had with any8 of the children we're here for today?9 A. Primarily, I recollect working mostly with --

10 you know, Michael was already taking some dual credit11 classes, and he and I had met just about that just a day12 or two before this and what his plans were for fall13 classes. And I had helped Patrice and Ella get adjusted14 to -- she missed the first semester of freshman year.15 They were traveling in Europe and I helped work with16 them on planning for what they had missed. She had lost17 some credits because she was gone. And so I had helped18 work with them on planning for the credit recovery and19 what we were going to do to make sure she still was able20 to graduate in the four-year time frame.21 None of the three had, to my recollection, any22 -- I don't remember any of them crying in my office for23 any reason or anything like that, no.24 Q. Okay. So was -- sounds like your25 interactions with them were limited to your guidance

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1 hat that you would wear?2 A. I would say that's probably true.3 Q. Any concerns that you ever had or were made4 aware of, through whatever means, about either the5 Ellas or Michael in terms of their behavior at school6 or anything like that?7 A. No. They were wonderful kinds. Patrice was8 anxious around Ella. She would give me like messages,9 like Ella's upset this morning, would you check on her,

10 those kinds of things. But they were all exceptional11 students. They were well behaved. They were doing12 fine.13 Q. I'm just -- as examples, I mean, no -- you14 never heard of any drug problems, anything like that?15 A. No, sir.16 Q. Okay. You said a couple days before this17 crash -- which was May 23rd. It was a Friday. Do you18 recall that?19 A. Yes, I do.20 Q. All right. Couple days before that, what21 were you and Michael discussing?22 A. It probably wasn't a couple of days before23 that. It probably was the prior week. The last three24 days of that week, Wednesday, Thursday, Friday, were all25 staff meeting, and I had seen Michael there working on

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1 the yearbook with Bridget, but I hadn't actually sat2 down with him then. It may have been Monday or Tuesday,3 something like that, but -- I guess I lost track of your4 question. I apologize.5 Q. I was asking you about what were you guys6 discussing -- you and Michael discussing in terms of7 dual credits prior to this?8 A. He was just sort of asking advice on what I9 thought he should sign up for, because the Western

10 schedule had opened up so we could see what was offered11 in the fall. And he was just asking about options, what12 would fit into his next year's schedule and...13 Q. Do you recall how many dual credit classes14 he was going to take?15 A. I think just one.16 Q. Was that typical for students?17 A. For a junior it would have been fairly18 typical. They have a fairly rigorous load junior year,19 just academically, at Aldo.20 Q. You said he was -- did you see Michael21 working on the yearbook at school?22 A. I did.23 Q. Did you see him working on it -- let me back24 up.25 Were you working on May 23rd, Friday, at

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1 school?2 A. I was in staff meetings all day. I was on3 contract still, yes.4 Q. What do you mean "on contract"?5 A. It was a workday.6 Q. I see. You were fulfilling your --7 obligations of your contract?8 A. Yes, yes.9 Q. I see.

10 A. But I wasn't in my office. I was in meetings11 all day.12 Q. Did you see Michael that day?13 A. Yes.14 Q. Okay. Did you see the Ellas that day?15 A. Yes.16 Q. Did it surprise you at all that they were17 there on Friday?18 A. I was surprised they -- I had seen Michael all19 week long. The kids were done on Tuesday, technically,20 but he was just that kind of kid. He was there working21 on the yearbook. That was what my understanding was. I22 saw him and Bridget working on the yearbook for sure23 Wednesday and Thursday. On Friday I hadn't seen any of24 them until they -- right after meetings when I was25 coming back to my office, and I saw they were still




7 (Pages 22 to 25)

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1 there. I hadn't seen the Ellas prior, though.2 Q. All right. We'll get back to that3 interaction. But what do you know about the yearbook?4 I'm trying to understand why he would be working on5 the yearbook at the end of the year.6 A. Wouldn't that be a nice thing.7 There were just a lot of last-minute things:8 the prom pictures, the graduation pictures. A lot of9 the end-of-the-year events that I think they were

10 compiling and just getting it ready to send off. Doing11 all the wrap-up.12 Q. And then -- all right. So let's go back.13 When did you -- on Friday, May 23rd, 2014,14 you said you were leaving your staff meeting?15 A. Yes.16 Q. What time was that?17 A. I would say it was 2:00 or 2:30. It was right18 in the afternoon. And the staff meeting was right there19 in the building. It was just on the other end of the20 building.21 Q. What do you mean by that, the other end of22 the building?23 A. It's a strange building. It's sort of like24 here, actually. Kind of -- it's a converted office25 building, and it sort of meanders. And so when you

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1 first walk in the lobby, there's sort of a left wing and2 a right wing, and we were down in the left wing near3 Harolene Pitts' classroom. We were in Harolene Pitts'4 classroom, near Eric's office, down on that side of the5 building. And my office is on the other side of the6 building. It's not huge. It's not vast, but it is...7 Q. Could you just draw that for me?8 A. Certainly.9 Q. Not to scale, but just the best you can do.

10 A. Okay. So there's -- there's hallways, and it11 kind of veers around like this. There's bathrooms.12 Classroom. Classroom. This is where staff meeting was.13 This is Eric's office. Another hallway. This is14 Steve's classroom. And then the hallway branches15 around. This is Deb Preusch, Harry Browne. And then it16 turns a corner. And I'm next to Harry over here. It's17 a little bigger than that.18 Q. Okay. Just because we -- everyone sitting19 in this room has been in a situation where we get20 something like this and we wouldn't have a clue what21 you're talking about, because --22 A. I hear you.23 Q. Yeah. So -- all right, so the X is where24 the meeting was?25 A. All the staff meeting was held down here.

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1 Q. Okay. Can you just write "staff meeting"2 above that.3 A. Certainly.4 Q. Thank you. And your office, you kind of put5 some dots here.6 A. It's so tiny. Look how little.7 Q. We need to talk to Eric about that.8 A. I know. It's awful.9 Q. And that says "Cheryl" there.

10 A. That's Cheryl. This is Harry.11 Q. Harry. Okay.12 A. This is Deb.13 Q. All right.14 A. This is Steve's classroom.15 Q. Steve. Lobby.16 What is this center area? I forget what you17 told me.18 A. There's some bathrooms. There's a front19 bathroom on either side, and there's a rear bathroom on20 either side. And this then this building, actually --21 this is kind of like that with hallways, more classrooms22 coming around the back. So hallways in a circular23 shape. The library is over here.24 Q. Okay. And the library. Can you just put25 "classroom" there so I know what those squares are.

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1 A. This is actually kind of really not true.2 This is sort of a classroom. The hallway is different3 from this, but it's sort of like that.4 Q. Okay. All right. Okay. This will help.5 MR. DAVIS: And we're going to mark6 this as Exhibit 26.7 (Exhibit 26 marked.)8 THE WITNESS: Oh, my goodness. I9 should have done a much better job of drawing

10 this. I'm sorry.11 MR. DAVIS: That's okay. Maybe before12 trial, we'll actually get a site diagram or13 something from the school if have one available.14 THE WITNESS: We have ones that are15 like fire exits that are already preprinted.16 MR. DAVIS: That would probably help17 us, yeah. Just because I think it's going to18 help with our conversation today about where you19 met about them and things like that.20 THE WITNESS: Certainly.21 Q. And so -- okay. So the X was a staff22 meeting?23 A. Yes.24 Q. All right. So you were coming out of the25 staff meeting, I think you said 2:00, 2:30, something




8 (Pages 26 to 29)

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1 like --2 A. 2:00, 2:30.3 Q. All right. So where did you first encounter4 Michael and the Ellas?5 A. So I had come on down this hall. I passed the6 two Ellas about right here, and they were headed out.7 Q. Can you put a -- let's put an E for -- an E8 and an E for the two Ellas. There we go.9 A. Okay. And I passed them, and we just spoke --

10 you know, said hello. We didn't speak at length. And I11 came around the corner, and I went into my office. And12 I think I had already come in -- I think I had come all13 the way in and had sat down and was, you know, wrapping14 up. And Michael came to the door. So I saw Michael at15 my office door.16 Q. Okay. Let's put an M for "Michael" there.17 Okay. So he was at your office door.18 A. Uh-huh.19 Q. All right.20 MR. WALZ: Is that a "yes"? I'm sorry.21 THE WITNESS: Oh, yes.22 MR. DAVIS: Thank you, Mr. Walz.23 Q. Any other student that you saw that day in24 the school?25 A. Not that I recall.

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1 Q. Okay. All right. So you saw the two Ellas2 here. Did you ask them what they were doing at3 school?4 A. No. I just said hello.5 Q. All right. What did they appear to be6 doing?7 A. They were just walking down the hall together.8 They didn't appear to be doing anything.9 Q. All right. Then you saw Michael at your

10 door?11 A. Yes.12 Q. And what did he say to you or what did you13 say to him?14 A. I said hello, and then he said, Guess what,15 guess what we get to do.16 Q. All right. And what did you --17 A. He went on to tell me.18 Q. What was your response?19 A. I said, I have no idea. What?20 Q. And then what did he say?21 A. He said, We get to go on a plane.22 Q. And what -- did you ask him about -- any23 further about that?24 A. Yeah. I said, What's going on? He said that25 Steve's wife, Denise, had a pilot friend at work and

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1 they had made arrangements, and they were going to get2 to go on a plane and go see the fire site. And I said,3 That sounds awesome.4 Q. Did he tell you anything about why they were5 looking at the fire site?6 A. I think it was because it was an area of7 forest that they had spent a lot of time doing their8 data collection for the YCC. And they wanted to see the9 damage and what had happened to that area they had

10 worked.11 Q. Did he tell you anything about whether this12 was a school trip or not a school trip or anything13 like that?14 A. He told me that it had been arranged with15 somebody that Denise works with. That's all I know.16 Q. Did you ask any questions about whether or17 not there had been permission slips signed?18 A. That was actually the first thing I asked. I19 just asked, Your parents know, right? And he said,20 Yeah. We spent the morning getting permission.21 Q. Okay. Why did you ask him if his parents22 knew?23 A. That's usually my litmus test for making sure24 things are just -- you know, everyone that should know25 knows. We're in loco parentis, so I want to make sure

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1 that their parents know what's going on.2 Q. Explain that Latin term to us. What does3 that mean?4 A. In my mind, it's when they're at school where5 we have our eyes on them, and if they're doing something6 that their parents should know about, their parents know7 about it.8 Q. So you wanted to make sure that this was not9 some sort of trip that was hidden from the parents?

10 A. No. I just want to make sure that -- that all11 the bases were covered that should be covered. Yeah, I12 guess that's it, yes.13 Q. Okay. And so as -- just kind of as a14 guidance counselor, as administrator over at Aldo15 Leopold, you knew that one of the things that if this16 is going to happen, the parents needed to sign17 permission slips or at least be informed of the trip;18 correct?19 A. I operate -- I'm a parent. And that's usually20 how I operate from is, if this were my kid, I would want21 to know.22 Q. All right. Do trips occur at Aldo Leopold23 without the parents knowing?24 A. No, not to my knowledge.25 Q. I mean, that's kind of one of the policies




9 (Pages 30 to 33)

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1 and procedures at Aldo?2 A. Sure.3 Q. You certainly wouldn't have your -- you4 would be upset, I guess, if Aldo -- or a teacher at5 Aldo took your child on a trip without informing you;6 correct?7 A. Yes.8 Q. And that would violate policy or procedure9 at Aldo, in your opinion?

10 A. Yes. I mean, there's a blanket permission11 slip that everyone signs for beginning of the year12 things, but all the specific trips have individual13 permission slips as well.14 Q. Okay. Any other conversation you had with15 Michael that afternoon?16 A. It was very short. I was only there about17 another ten minutes, and -- so that was the extent of18 it. He said he would take pictures. And I said, I'll19 be here Monday. If you happen to stop by, show me your20 pictures.21 Q. Did you notify anyone else at school?22 A. No, I didn't. I spoke with Bridget on my way23 out the door. She passed by me and...24 Q. What did you and Bridget discuss?25 A. She said, Did you hear what the kids are

Page 31

1 getting to do? And I said, Yes. That sounds awesome.2 Q. Who did you have -- did you have an3 understanding that Steve Blake was arranging this?4 A. That is what it felt like. Michael said it5 was somebody that Denise worked with, a friend of6 theirs.7 Q. All right. Did you have any concerns about8 the trip?9 A. Not once I felt -- I mean I -- once -- my

10 biggest concern was that their parents were in the loop,11 that their parents knew what was going on. And it was12 prearranged with them.13 Q. Did you leave campus after that?14 A. Yes.15 Q. All right. Where did you go?16 A. I went home. The end of most years we have a17 staff get-together, and we were supposed to all go to18 Eric's house for a staff potluck. So I had to run home19 and make my pasta salad.20 Q. Obviously -- I'm assuming that did not21 happen.22 A. I did get home, and I made my pasta salad.23 And I was on my way back into town with my husband.24 Q. Okay. Tell me what happened after that.25 A. We drive through Arenas Valley going and

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1 coming from home. And on the way back in, we saw all2 the -- the commotion. And my husband has a friend that3 owns a feed store right near where this was, across the4 highway. And he called him and -- Hey, what's going on?5 And he said, Oh, didn't you hear? Teresa Arizaga was6 killed in a plane crash.7 MR. BUNTING: He said what?8 THE WITNESS: Teresa Arizaga was killed9 in a plane crash.

10 And I said, Oh, my goodness. Because11 Howie Morales, the state senator, is Teresa12 Arizaga's husband, and he had just spoken at our13 graduation the week before. And she had sat14 right near me in the audience, and -- and I was15 like, Oh, my God, you know, Teresa's -- that's16 horrible. She's got three or four little kids.17 And I called Eric. And I said, Did you18 hear Teresa Arizaga was killed in a plane crash?19 And he said, No, it was our three kids from20 school. I said, What? And, I guess, Mr. Britton21 had heard it was a psychiatrist, and Teresa22 Arizaga is the local psychiatrist. And he had23 filled in blanks on who it was.24 MR. BUNTING: Okay.25 Q. All right. Where were you when you received

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1 that call? I'm sorry, when you spoke with Eric.2 A. We were actually almost -- we were on3 Highway 180, just parallel to the accident site. And so4 we turned around. I took my -- my husband and my pasta5 salad, went back home. And I came back in and went to6 the site and comforted the kids.7 Q. Could you see the smoke?8 A. Oh, yes.9 Q. All right. So you came back to the site

10 just yourself?11 A. Yes.12 Q. All right. And what did you see? How would13 you describe the scene when you got there?14 A. I wasn't right at the -- I mean, they were15 keeping people back at that point from the actual plane16 crash. Probably -- I'm not very good at guesstimating17 distance. Maybe an eighth of a mile away. Near the --18 there's a church parking lot, and that's where people19 had gathered.20 And Ella Myers' sister, Raven, was there. And21 she was crying, so I held her. And her parents were22 pretty upset, obviously, and off to the side. And there23 were a few students there. Patrice was there. The24 Mahls -- I didn't see the Mahls. Eric was with Patrice.25 There's -- a few of our staff people were there, and a




10 (Pages 34 to 37)

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1 few of our kids were there. And the scene was -- the2 emergency scene was still in progress, I guess, but it3 was not obvious from that vantage point.4 Q. All right. At that point, did you have an5 understanding the children passed?6 A. Yes.7 Q. Was Steve Blake there?8 A. He didn't -- I didn't see him. I don't know9 if he was closer to the scene or where he was. I don't

10 know.11 Q. Did you see Eric there?12 A. Yes.13 Q. All right. Who else from the school did you14 see there in terms of administration, not students, or15 teachers?16 A. I don't recall. But I was devastated too. I17 don't recall who was there. I saw Eric. And maybe Deb18 Preusch. I don't remember if I saw her. I saw -- Eric19 was -- was comforting Patrice, as were -- there were a20 few other Aldo parents that were there. But I don't21 remember who else was on staff that was there.22 Q. I imagine that the scene was somewhat23 chaotic and, obviously, emotionally charged. Were you24 engaged in any type of grief management or crisis25 management at that point, or was it kind of more as a

Page 35

1 friend and a colleague and...2 A. Well, I was with -- with Raven Myers. I3 mean...4 Q. Describe that to me. How would you --5 A. Just comforting her. She was -- she's a --6 she's a beautiful child. She had just graduated the7 year before -- or the week before. She has autism. And8 so she was having a hard time processing what was going9 on. And her parents were -- were busy. And so I was

10 just trying to step in.11 Q. Okay. Tell me what happens next that you12 recall in terms of -- you're there at the scene.13 You're comforting Raven. Obviously, it's chaotic,14 emotionally charged, I would imagine. Where do you go15 next? What do you see next? Who do you talk to next?16 A. I don't recall who set this up, but over at17 the -- are you familiar with Silver City at all?18 Q. Not -- not as well as you are, so...19 A. Near Aldo Leopold are Grant County offices,20 and there's a large -- I guess it's where they have21 trials. I don't know. There's a large room. And22 somebody had set that up where we were able to go and23 move from that scene and make that a meeting point for24 crisis intervention. And they brought in some25 counselors from outside the school and had like a crisis

Page 36

1 intervention -- there's some kind of specific type of2 thing it was where you debrief a little bit. And it was3 some -- a third-party person came in and did this --4 this crisis debrief.5 Q. Okay.6 A. And made it a place for everyone. As they7 were hearing, it was where they were directed to go.8 Q. All right. Describe for me the debrief.9 What do you mean by that? Was it -- were they taking

10 individuals and debriefing them or --11 A. No. It was like a big circle. It was more of12 a -- it was not a -- like a lawyer debrief. It would be13 more like a mental health opportunity for people just to14 come together and share what they knew or -- share their15 grief, share their -- you know, not be alone in the16 middle of this.17 Q. All right. Who, in your mind, stands out as18 being there. I mean, who do you -- if you were to19 kind of scan the room in your memory, what faces do20 you see?21 A. Most of our student body. I would say most of22 -- I think all of our staff were there. Patrice was23 there. Most of our -- I mean, a lot of our students and24 a lot of their parents.25 Q. Did you see Eric there?

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1 A. Eric was there.2 Q. Steve Blake?3 A. No.4 Q. Deb Preusch?5 A. I don't recall if she was or not.6 Q. All right. Do you know why Steve was not7 there?8 A. I heard he was probably sedated at that point.9 Q. Patrice was there. Were the Mahls there?

10 A. I don't recall seeing the Mahls there. I11 think Patrice was the only parent that was there.12 Q. All right. So you didn't see Jennifer13 Douglass?14 A. I don't believe I did.15 Q. All right. Raven?16 A. No, not there.17 Q. Okay.18 A. That I recall.19 Q. All right. Did you engage in any type of20 mental health services that afternoon?21 A. I would like to say I did. I don't know. I22 was in the middle of it.23 Q. Yeah. Okay. So -- well --24 A. We did a lot of hugging and crying.25 Q. Sure. Let me go at the question a little




11 (Pages 38 to 41)

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1 bit differently. And, yeah, I'm sure you did engage2 in it, whether it was official or unofficial or3 whatever the case may be.4 Was it ever a situation -- and I'm trying to5 kind of imagine the room a little bit -- where you had6 an area where you would talk to individuals one-on-one7 and kind of engage in some grief management or8 anything like that, like you would -- like you've9 probably been trained to do in certain aspects, or

10 not.11 A. I moved about the room and just sort of12 touched base with all the kids, kind of kept an eye out13 for ones that looked like they were outliers, like they14 were not maybe getting what they needed from the big15 group. But I was too close to be a primary mental16 health counselor at that point.17 Q. I see. The tragedy was too close to you.18 You needed your own -- yeah.19 A. Well, I mean, I was in the middle of it. But20 I -- I definitely was more -- a participant as much as21 anything.22 Q. Right. Yeah, this was not a detached23 tragedy for you.24 A. No.25 Q. Gotcha. All right.

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1 What time in the afternoon was this all2 happening? Your best estimate.3 A. I think we were -- the party was supposed to4 start about 5:00, and I think we were going through5 Arenas Valley about 4:30 when I heard. So that was when6 I heard. It's probably 15 minutes back to my house and7 then back again. And then, I don't know, it was8 probably about 6:00 or so, 6:30 maybe, by the time we9 were at the offices.

10 Q. Okay. How long until everyone disbursed11 from that area?12 A. Boy, 8:30, maybe. 9:00.13 Q. Where did you go after that?14 A. Home.15 Q. Was there any discussion that day from Eric,16 from Steve, from Deb Preusch, about what type of17 outing this was: school trip, not a school trip,18 anything like that? Do you recall any discussion like19 that?20 A. No. The only thing I know is Eric had -- I21 mean, I did hear that he had no idea that they were even22 on the plane, that's all I know, until he got the call23 that they had crashed.24 Q. All right. You say you heard that. Who did25 you hear that from?

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1 A. I don't recall.2 Q. And did you hear it that day, or was this3 later?4 A. I don't recall.5 Q. What is the next memory that you have6 related to this incident after you left the scene and7 then the kind of grief -- grief area that you8 described? You, obviously, went home, probably went9 to bed, I would imagine. Was there any telephone

10 conversations with other faculty or teachers or11 administrators or students that night?12 A. No. The next week was spent in just trying to13 create the structure we needed to support the kids and14 finding the resources and making sure that we could do15 the -- you just never know what kids will do angry. And16 so we were just trying to make sure that we were17 building that structure and getting -- pulling in18 community resources, making other counselors available,19 you know, getting those words out to people that, you20 know, what the options were, creating the plan. We21 actually went back to the same space the next day with22 -- I'm trying to think. Did we do the -- I guess we had23 -- the same lady came back the next day and did another24 round of community kind of support.25 Q. Do you recall her name?

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1 A. Diana Schwartz, I believe.2 Q. Where was she from?3 A. She works, I believe, at the hospital. I4 think in the mental health unit at the hospital.5 Q. Were you -- did you participate in that -- I6 guess it would be Saturday. Did you participate in7 that second round of grief counseling?8 A. Again, just -- I was there, absolutely.9 Q. Okay.

10 A. And, again, you know, a lot of counseling is11 relationship. And since I've already established12 relationship with our students, I guess that is13 therapeutic, but it was -- it was shared grief.14 Q. All right. Anything occur on Sunday that15 you recall?16 A. It's all such a blur, sir. I'm so sorry. I17 would love to say I wrote notes of this, but I didn't.18 A lot of it was just that entire week of then, you know,19 trying to put together the -- the service, you know, to20 help honor the kids and give their families, you know,21 some kind of comfort.22 Q. Yeah. And let me just say -- I'm going to23 ask the question, but, you know, I -- "I don't know"24 or "I can't remember" is an okay answer too. And, I'm25 sorry, I don't mean to -- I understand this is a




12 (Pages 42 to 45)

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1 tragic event for everybody involved.2 A. Thank you. I appreciate that.3 Q. So I don't want to suggest in any way4 through my questioning that you should remember5 something that you don't.6 A. Okay.7 Q. I don't mean to imply that at all.8 A. Okay.9 Q. So just so you know, I appreciate -- I can't

10 imagine trying to piece this together after it11 occurred.12 A. Thank you.13 Q. You're doing a very good job, and I14 appreciate what you've done so far already, so thank15 you.16 Let me -- kind of that week that -- you17 know, I imagine you've got kind of students in and18 out, people kind of all handling their grief and19 coping in the best ways they can. What -- does20 anything stand out in your mind in terms of -- first I21 want to just talk about the children's parents. Did22 you have any interactions with the children's parents23 that weekend?24 A. Yes. In sort of planning what they wanted for25 the memorial service that we conducted, I did meet with

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1 Patrice for sure. And I think that was the only one I2 met with directly. We had one staff member that was3 sort of spearheading the event --4 Q. Who was that?5 A. Laura Larisch -- and meeting with all the6 families and making sure that we included what they7 wanted to have included, and pictures and things like8 that. And so that was my main -- at that point it was9 just comforting who I could comfort and trying to plan

10 that with the parents and making sure it was what they11 wanted.12 Q. Anything stand out in terms of your13 interactions with the parents? You know -- let me14 give you a bad example, and then -- and I'm sure this15 didn't happen, but did any of the parents say, Boy, I16 can't wait to sue the school?17 A. Not at all.18 Q. Okay. Anyone say, Boy, this is all Eric's19 fault?20 A. No.21 Q. Okay. All right. Anyone say, This is all22 Dr. Hochla's fault -- or Hochla's (different23 pronunciation) fault?24 A. I had never heard his name mentioned.25 Q. All right. Had you met Peter Hochla before?

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1 A. No.2 Q. You don't have any knowledge about any of3 his skills as a pilot?4 A. No.5 Q. During that week, does anything stand out in6 your mind -- and I'm talking about the weeks -- you7 know, the week after Friday -- anything -- any8 interactions you had with students stand out in your9 mind?

10 A. I guess I don't know what you're asking.11 Q. Well, it's such a broad question --12 A. It is.13 Q. -- you probably couldn't answer it anyway.14 So let me see if I can get more specific possibly.15 Any student say anything to you about -- for16 example, I knew about this trip, and it was poorly17 planned or anything like that?18 A. No.19 Q. Any discussion with any staff members or20 administrators or teachers about the planning of the21 trip?22 A. No. The only thing I remember hearing was23 those of us comparing like, I had no idea, or, Yeah,24 Michael told me in the hall or -- that.25 Q. Okay. Let's -- to the extent you can with

Page 45

1 your memory, can you kind of go through the list of2 who you recall said they knew something or didn't know3 something that -- if you can as we sit here today. I4 don't know if you can or not, but --5 A. To my knowledge, it was just -- Bridget was --6 there's -- in my poor drawing over there, there's7 actually a hallway down this way also, kind of veers8 that way, and there's a room there. That's where she9 was working on yearbook. I think it was the couple of

10 us that happened to have come back this direction after11 the staff meeting. I passed, you know, the girls, and I12 saw Michael. I think Bridget saw Michael, because they13 were wrapping up yearbook stuff, and she had talked to14 her. I heard later Kathy had a permission slip thing or15 some kind of deal, a phone call from Patrice. To my16 knowledge, that's when they...17 Q. Okay. Did you have any discussions with18 Steve Blake?19 A. I did not see Steve after that Friday staff20 meeting. I don't know how many days or weeks. I just21 heard he was inconsolable.22 Q. Did you have any discussions with Eric after23 this? And what I mean by that, in terms of the24 tragedy, in terms of how it was set up or anything25 like that?




13 (Pages 46 to 49)

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1 A. No.2 Q. Was there ever a meeting at Aldo regarding3 this tragedy?4 A. There was a circle for staff, but it was more5 of a grief circle than anything specific to the -- the6 event other than the loss.7 Q. Do you recall any investigation into this at8 Aldo?9 A. I don't know that -- Eric asked me to write my

10 statement.11 Q. Okay.12 A. But there weren't actually like meetings13 around it or something like that. To my knowledge. I14 mean, there may have been.15 Q. Were you involved in any of the -- I'm at a16 loss for -- for the name of it. Not the school board17 but the governing counsel. Were you ever at any of18 the governing counsel meetings after this tragedy?19 A. No.20 Q. Is it something you would attend normally21 and didn't attend or something you just didn't22 normally attend?23 A. We have to go to one a year. We have to have24 a staff rep, and we all rotate through. And so I have25 to go once a year.

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1 Q. Okay. And this was not your month?2 A. This was not my month, no.3 Q. Yeah. Gotcha. Okay.4 Anything you can think of -- any discussions5 you had with Steve Blake or Eric or Deb Preusch or6 anything else that we have not touched on today in7 terms of how this trip was set up or any of the8 school's involvement with the trip after the tragedy9 occurred, and beyond the narrative that you did give

10 to Eric?11 A. I guess, you know, the few conversations I've12 had with individuals have been more around, you know,13 did you know -- you know, that kind of thing, you know.14 But as far as anything else, I don't think so.15 Q. What about this lawsuit? Has this been16 discussed at school?17 A. We know it was here. I mean, it was pending.18 But nobody's actually briefed us on anything around it19 or anything like that. I guess there's, you know, just20 comfort that they're not going to shut the school down21 kind of thing, not to worry about that. But...22 Q. All right. And -- yeah, and so -- I should23 have done this before, and you've done a good job.24 But I don't want to know about any conversations you25 may have had with your attorney or the school's

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1 attorney.2 A. I don't have an attorney. Do I need one?3 Q. You actually do have an attorney.4 MR. WALZ: Other than --5 THE WITNESS: Oh, I'm so sorry.6 Q. You have an attorney in your capacity as an7 administrator.8 MR. WALZ: Right.9 Q. Yeah, so -- you absolutely do.

10 A. Well, we met. And he told me like what I can11 expect.12 MR. WALZ: No, no.13 A. And that's all.14 Q. Yep. Yep. We're good. Thank you.15 A. Just to assuage my nervousness.16 Q. Yeah. Sure. Okay.17 Let me switch gears a little bit here.18 MR. DAVIS: What time -- do you need a19 break at all?20 THE WITNESS: No, thank you. I'm fine.21 MR. DAVIS: Okay. We're good.22 Q. What about -- what do you know about Steve23 Blake in terms of your interaction? How much24 interaction do you have with him -- or had with him?25 A. I've actually known him -- of him for a lot of

Page 49

1 years. He -- I worked at the Montessori, like I said,2 and -- Silver is a small town. His son went there for a3 short time. I don't remember -- maybe first or second4 grade, something like that -- third grade, as did the5 Ellas. I knew them since they were about 3.6 I don't recall a lot of interaction with Steve7 at that time. I actually knew his wife, Denise, more as8 a parent, at that role. And I knew he was a teacher at9 Silver High at that time. I know he is the kind of

10 teacher that would keep working after the end the11 contract and keep enjoying time with kids, and -- he's12 very dedicated.13 Q. Have you -- at your time at Aldo, had there14 ever been an instance where Mr. Blake took the kids on15 a trip or something that was perhaps not official or16 not scheduled?17 A. Not to my knowledge. I mean, he did the --18 the marine biology trip, which is an annual trip, every19 other year. His tropical ecology class would do the20 Costa Rica trip. That was an established trip. We do21 backpacking trips as part of the school experiential22 education model. But I've never been on his. Actually,23 I have not been on a backpacking trip. I went to a24 couple all-school campouts, but I haven't gone on a25 backpacking trip.




14 (Pages 50 to 53)

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1 Q. Have you ever heard of any situations where2 students were either on a backpacking trip or doing3 something for YCC where they were -- what's the best4 way to say this -- either placed in danger or harmed5 or hurt or something like that, or, you know, had to6 be rescued or anything like that?7 A. Not to my knowledge, no. Well, they had the8 -- some kids got caught on the other side of the water a9 couple years ago, but it wasn't Steve's group, on the

10 river, when the river went up, but they just waited it11 out and it was fine.12 Q. Have you ever heard of any issues between13 the Forest Service and Mr. Blake?14 A. Not to my knowledge. It seemed like they15 partnered closely on the data collection. That was sort16 of a collaborative -- collaborative thing.17 Q. All right. How many children do you have?18 A. Two.19 Q. Two. What are their names?20 A. Emma and TJ.21 Q. What are their ages?22 A. Emma goes to UNM here. She's 19. And my son,23 TJ, is a senior. He's 18.24 Q. And did they know Michael and the Ellas?25 A. My kids don't go to Aldo, actually. They go

Page 51

1 to Silver High. But they actually do know the Ellas,2 because they went to Montessori with them. But neither3 one knew Michael.4 Q. All right. Is there a reason your children5 go to Silver rather than Aldo?6 A. Not really. They didn't want to go to Aldo.7 And they're doing fine. And they play sports. And it's8 a lot easier if you want to be an athlete at Silver9 High, because it's sort of built into their program.

10 Q. Right. Yeah. Charter schools, yeah. Aldo11 doesn't have sports teams, does it?12 A. No. Kids can participate in Silver sports,13 but you don't get the -- you're kind of a foot in two14 worlds if you do. You're not really all in at either15 place kind of.16 Q. Got you.17 MR. DAVIS: Let me take a quick break.18 I'm going to look through my notes and go over a19 few more things.20 THE VIDEOGRAPHER: The time is 10:05.21 We're off the record.22 THE VIDEOGRAPHER: The time is 10:13.23 We're on the record.24 Q. Ms. Head, I just had you review Exhibit 22,25 Bates Number ALCS 104. What -- what is this?

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1 A. This is a statement that I wrote immediately2 after.3 Q. You say "immediately after." What's the4 date?5 A. Well, it's dated June 27th of 2014.6 Q. Okay. Is that the date you wrote it?7 A. Yes.8 Q. All right. Is there anything in this9 statement that is inaccurate as we sit here today?

10 A. Not to my knowledge. To me, this is probably11 the closest to accurate that -- it's closer to the event12 that I am now.13 Q. Would this -- so in other words, you14 provided a narrative to us earlier this morning about15 that day and what happened?16 A. Yes.17 Q. This, obviously, provides some more detail18 than what you provided.19 A. It does a little bit, yes.20 Q. Okay. Would you say this statement is more21 accurate than your summation earlier this morning,22 just in terms of detail and facts?23 A. I believe that it follows pretty closely what24 I said. It does have a little bit more detail, yes.25 Q. I agree with you. I don't think there's

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1 anything in here that is contradictory. Just some2 detail maybe that you didn't have in your initial3 statement.4 A. I agree.5 Q. Okay. All right. I want to ask you about a6 line in here -- and just, if you could, read along7 with me, A, to make sure I don't misread it, which8 often happens when I read things; but, B, just to kind9 of -- I want to discuss it with you. So "He" -- and I

10 believe that is you're referring to Michael -- "stated11 that it was something that Steve Blake had arranged" -12 "it" being the plane ride -- "but Michael then stated13 'It's not a school-sanctioned trip.'"14 We did touch on that this morning, but what15 -- do you recall that statement now?16 A. I do.17 Q. Okay. What did you think when he said that?18 What -- I mean, why did he say that? Do you know why?19 A. It sounded like they were emphasizing that,20 that it was not something that was arranged through the21 school. And that's probably what prompted me to ask,22 you know, Your parents know, though? And he said, Yeah,23 they got permission. And so...24 Q. Did that seem odd to you that it was not a25 school-sanctioned trip?




15 (Pages 54 to 57)

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1 A. I don't remember giving it a lot of thought2 after I knew parents were involved.3 Q. Did -- after you heard that, did it trigger4 anything in your mind to say -- and I think you said5 it, that you wanted to verify the parents were in the6 loop.7 A. Yes.8 Q. Did it trigger anything in your mind to want9 to verify whether Eric was in the loop on this?

10 A. I don't remember thinking that.11 Q. Have you ever been a part of anything like12 that where a student comes in and says, We're going to13 do X, Y or Z but it's not a school-sanctioned trip?14 A. I don't remember those -- that verbiage, but I15 do know of other incidents where kids will tell me, you16 know, we're going on a campout this weekend and --17 that's not affiliated with the school, but they didn't18 say that.19 Q. Okay.20 A. They tell me things they're going to do.21 Q. Okay. Sure. And -- right. And that would22 be a little bit different.23 Have you ever been in a situation like this24 where a teacher was involved, arranged something for25 some students and then it was, quote/unquote, not a

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1 school-sanctioned trip?2 A. I don't recall anything like that, no.3 Q. Okay. Did you have any understanding of4 what the policies were on school trips, as they stood5 on May 23rd, 2014?6 A. I've seen the protocol around ones that were7 established, like the California trip or the Costa Rica8 trip. I've seen the protocol that had gone through.9 But I had not ever set a trip up myself.

10 Q. What was your understanding of the protocol11 at that time?12 A. Permission slips and making sure students knew13 what they needed to have prepared, and making sure that14 the same number of kids get in the bus and get off the15 bus and get back in the bus. You know, head counts16 every time, and making sure we communicate with the17 front office who didn't go and for what reason, you18 know, those kinds of things.19 Q. Do you know if any of the procedures have20 changed since this tragedy?21 A. Yes.22 Q. Okay. In what way have they changed?23 A. There's a few more emphatic kind of formal --24 Eric has set up a -- like a database thing that teachers25 enter dates and times and plans and who's going and --

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1 prearranged. And I think he's also hired somebody2 that's like a third person somewhere else, not here,3 that if it's a -- a trip with any type of risk4 assessment -- there's like a risk assessment person5 that's external that they are planning to vet things6 through if there's any chance that there's higher risk.7 Q. Do you know the name of that third party?8 A. I don't know. But it's somebody that's not9 even in New Mexico. And it's -- the intention is, you

10 know, just a totally impartial third party that can just11 go through the risk assessment and determine if -- a yay12 or a nay.13 Q. I see. Are these written policies or14 procedures?15 A. I believe so.16 Q. I'll have to ask about those, locate those.17 When -- I think you briefly touched on it,18 but I want to follow up a little bit. How did this19 narrative come to be, meaning why did you write it?20 A. Eric said I should.21 Q. Okay. What did he tell you about writing22 it?23 A. He said it would be a good idea while24 everything is fresh in your mind just to write down25 everything you remember.

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1 Q. Did he tell you why he wanted something2 written down?3 A. No.4 Q. Did he tell you he had concerns about5 liability for the school, for example?6 A. I don't remember him using those words. I7 think he just wanted it to be fresh on everyone's mind8 and get things out just in case. I think he's been in9 schools long enough that there's potential for anything

10 to happen.11 Q. Okay. Ms. Head, do you -- anything in your12 mind, just in your interactions with Patrice or13 Jennifer Douglass or the Mahls or any of the parents14 involved in this lawsuit, after this tragedy that15 stands -- stands out? And what I mean by that is, you16 know, where they were going to sue the school, boy,17 they were going to pursue Mr. Hochla, his estate, or18 anything like that?19 A. Initially, no. I mean when I met with Patrice20 the day to talk about the celebration -- the celebration21 of life is what they called it -- she was struggling22 really hard to -- and she used the word try to honor23 Ella by not getting into a bitterness, and that she knew24 that Ella wouldn't want that for -- for her. And since,25 I've heard some things -- Maddy Alfero -- she'd told




16 (Pages 58 to 61)

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1 Maddy Alfero that indicated she had slipped into2 bitterness and was very much wanting retribution or3 vindication of some kind, I guess.4 Q. Okay. What -- what was that conversation?5 A. It's all hearsay. I mean --6 Q. That's okay. What have you heard?7 A. That she wanted Steve Blake, she wanted Eric,8 and she wanted the school to burn to the ground.9 Q. Okay. When did you hear that?

10 A. I don't know. Maybe six months after.11 Something like that.12 Q. Okay. Did -- who told you that?13 A. Maddy Alfero.14 Q. And this is a conversation Maddy Alfero had15 with Patrice?16 A. With Patrice.17 Q. Okay. All right. Anything else like that18 that you can think of?19 A. No.20 Q. All right. Had there been any -- and I21 think I did ask you this, but any discussions about22 this lawsuit, about the tragedy, about Patrice, after23 this narrative, that you can recall?24 A. Nothing in particular. I mean, we all have25 been trying to process this the best we can, but nothing

Page 59

1 in particular I can think of.2 Q. Okay. Thank you for your time. I3 appreciate it.4 MR. DAVIS: I pass the witness.5 MR. BUNTING: Thank you.6 EXAMINATION7 BY MR. BUNTING:8 Q. Ms. Head, my name is Dave Bunting. I9 represent the Estate of Peter Hochla. I just have a

10 few questions for you, first about Peter Hochla.11 Did you know Peter?12 A. No.13 Q. And is it fair to say you'd never flown in14 an airplane with Peter?15 A. No.16 Q. Do you have any personal knowledge about17 Peter Hochla's abilities as a pilot?18 A. No, I don't.19 Q. All right. Were you at the airport the day20 that the -- the time that the plane took off on21 May 23rd?22 A. No, sir.23 Q. Or when it landed?24 A. No.25 Q. Do you have any personal knowledge about the

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1 weather conditions at Whiskey Creek Airport at the2 time the plane took off or landed?3 A. No.4 Q. And you were not involved in any way with5 the planning or arrangement of the flight, were you?6 A. No, sir.7 Q. I have nothing further. Thank you.8 MR. WALZ: I have nothing.9 MR. DAVIS: That's it. Would you like

10 to read and sign?11 MR. WALZ: We'll read and sign, please.12 Thank you.13 THE VIDEOGRAPHER: This concludes the14 videotaped deposition of Cheryl Head. Today's15 date is 13 October 2015. The time 10:23. The16 master recording of today's testimony will remain17 in the custody of Trattel Court Reporting &18 Videography. We're off the record.19202122232425

Page 611 Patrice Mutchnick, et al., v. Cheryl Greene

Hochla, et al.23 WITNESS SIGNATURE/CORRECTION PAGE4 If there are any typographical errors to5 your Deposition, indicate them below:6 PAGE LINE7 ___________ Change to _______________________________8 ___________ Change to _______________________________9 ___________ Change to _______________________________

10 ___________ Change to _______________________________11 Any other changes to your Deposition are to be listed12 below with a statement as to the reason for such change:13 PAGE LINE CORRECTION REASON FOR CHANGE14 _____________________________________________________15 _____________________________________________________16 _____________________________________________________17 _____________________________________________________18 _____________________________________________________19 _____________________________________________________20 I, CHERYL HEAD, do hereby certify that

I have read the foregoing pages of my testimony as21 transcribed and that the same is a true and correct

transcript of the testimony given by me in this22 deposition on October 13, 2015, except for the changes

made.2324 ____________________ ____________________________

Date Signed CHERYL HEAD25




17 (Pages 62 to 63)

Page 621 STATE OF NEW MEXICO

COUNTY OF BERNALILLO2 SECOND JUDICIAL DISTRICT COURT3 NO: D-202-CV-2014-067564 PATRICE MUTCHNICK, individually, and as Personal

Representative of the Estate of ELLA JAZ KIRK, deceased;5 JOHN MAHL and JENNIFER MAHL, individually, as Personal

Representatives of the Estate of MICHAEL MAHL, deceased;6 and as parents and next friends of DANIEL MAHL, a minor

child; ALEXANDER MAHL, individually; BRIAN MYERS and7 JENNIFER DOUGLASS, individually, as Personal

Representatives of the Estate of ELLA MYERS, deceased;8 and RAVEN MYERS, individually,9 Plaintiffs,

10 vs.11 CHERYL GREEN HOCHLA, as Personal Representative

of the Estate of PETER HOCHLA, RURAL HEALTH12 OUTREACH, INC., a New Mexico Corporation, and

ALDO LEOPOLD CHARTER SCHOOL,13

Defendants.14151617

REPORTER'S CERTIFICATE18

I, MARY L. FULTON CCR #132, DO HEREBY CERTIFY19 that on October 13, 2015, the Deposition of CHERYL HEAD

was taken before me at the request of, and sealed20 original thereof retained by:21 THE DAVIS LAW FIRM, LLC

111 Tulane Drive, Southeast22 Albuquerque, New Mexico 87106

BEN DAVIS23

I FURTHER CERTIFY that copies of this24 Certificate have been mailed or delivered to all Counsel,

and parties to the proceedings not represented by25 counsel, appearing at the taking of the Deposition.

Page 631 I FURTHER CERTIFY that examination of this

transcript and signature of the witness was2 requested by the witness and all parties present.

On__________ a letter was mailed or delivered to3 JERRY A. WALZ, regarding obtaining signature of the

witness, and corrections, if any, were appended to the4 original and each copy of the Deposition.5

I FURTHER CERTIFY that the recoverable6 cost of the original and one copy of the Deposition, is7 $__________.8 I FURTHER CERTIFY that I did administer

the oath to the witness herein prior to the taking9 of this Deposition; that I did thereafter report in

stenographic shorthand the questions and answers set10 forth herein, and the foregoing is a true and

correct transcript of the proceeding had upon the taking11 of this Deposition to the best of my ability.12 I FURTHER CERTIFY that I am neither employed by

nor related to nor contracted with (unless excepted by13 the rules) any of the parties or attorneys in this case,

and that I have no interest whatsoever in the final14 disposition of this case in any court.1516 ______________________________________

Mary L. Fulton17 Trattel Court Reporting & Videography

Certified Court Reporter #13218 License Expires: 12/31/1519202122232425





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