tedesco deposition

In The Matter Of:Foley v.

Pollay, et al

John Tedesco

August 14, 2012

AMF Reporting/Critcher Video

PO Box 310

Guilderland, New York 12084-0310

(518) 482-9606

Original File 120814pa.txt

Min-U-Script® with Word Index

AMF Reporting/Critcher Video(518) 482-9606

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1 IN THE UNITED STATES DISTRICT COURT

2 FOR THE NORTHERN DISTRICT OF NEW YORK

3 ____________________________________________________

4 JAMES FOLEY,

5 Plaintiff, CIVIL ACTION NO.

6 -against- 11-CV-0724

7 CHRISTOPHER POLLAY, CHARLES CASTLE, JOSEPH

8 McNALL, GEORGE ANDERSON, JOHN TEDESCO and THE CITY OF TROY,

9 Defendants.

10 ____________________________________________________

11 EXAMINATION BEFORE TRIAL of the Defendant,

12 JOHN TEDESCO, held at the Law Offices of Bailey,

13 Kelleher & Johnson, P.C., Pine West Plaza 5, Suite 507,

14 Washington Avenue Extension, Albany, New York, on

15 Tuesday, August 14, 2012, commencing at 1:30 p.m; before

16 Peggy Alexy, Shorthand Reporter and Notary Public in and

17 for the State of New York.

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1 APPEARANCES: LAW OFFICES OF ELMER ROBERT KEACH, III, PC

2 1040 Riverfront Center P.O. Box 70

3 Amsterdam, New York 12010 BY: ELMER R. KEACH, III, ESQ.

4 Attorney for Plaintiff

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6 BAILEY, KELLEHER & JOHNSON, P.C. Pine West Plaza 5, Suite 507

7 Washington Avenue Extension Albany, New York 12205

8 BY: JOHN W. BAILEY, ESQ. Attorneys for Defendants

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John Tedesco - August 14, 2012 3

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2 S T I P U L A T I O N S

3 It is hereby stipulated and agreed by and

4 between the attorneys for the respective parties

5 hereto, that the Examination Before Trial is being

6 held pursuant to the Federal Rules; that

7 the Examination be conducted before Peggy Alexy,

8 Shorthand Reporter and Notary Public in and

9 for the State of New York; that the transcript of

10 testimony may be signed before any Notary Public or

11 other officer authorized to administer oaths.

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1 John F. Tedesco,

2 having been first duly sworn by the Notary Public,

3 was examined and testified as follows:

4 BY MR. KEACH:

5 Q. Chief Tedesco, my name is Attorney Bob Keach. I am

6 a civil rights lawyer from Amsterdam. I am here to

7 ask you some questions today about a civil rights

8 lawsuit that has been filed by my client, James

9 Foley, against four officers in the Troy Police

10 Department, yourself, and the City of Troy.

11 During the course of today's examination, I am

12 going to pose spoken questions to you. You are

13 going to need to give me a verbal response. The

14 court reporter cannot take down a shake or a nod of

15 the head. During the course of my examination, I

16 ask that you allow me to finish my question, and I

17 will show you the same courtesy in return. That

18 will avoid you and I talking over each other. The

19 court reporter can't take us down talking over each

20 other. And also, if we are talking over each

21 other, your counsel doesn't have an opportunity to

22 interpose any objections.

23 If during the course of today's examination

24 you need a break for any reason, to use the



1 bathroom, or get something to eat, because you are

2 sick of sitting, you let me know and I will be

3 happy to accommodate. All I ask you, sir, that you

4 do not ask for a break when a question is pending

5 or when a document is on the table and I haven't

6 finished. There is an exception to that. If there

7 is a law enforcement emergency that needs your

8 attention in the City of Troy, you let me know and

9 I will give you the break you need. Other than an

10 emergency situation, I ask you now the need for a

11 break under the circumstances I detailed to you.

12 Does that sound fair?

13 A. Yes, it does.

14 Q. During the course of my -- or I am not a perfect

15 examiner. Sometimes I ask poorly phrased

16 questions. Sometimes I use words people don't

17 understand and I rely on the witness to tell me

18 that I have done those things, and to say -- and to

19 tell me they don't understand my question or they

20 don't understand how it's phrased, or what have

21 you. I can do a number of things in response to

22 that. I can have the question read back. I can

23 restate it. I can rephrase it. I can't do any of

24 those things unless you tell me there is a problem.



1 Now, sir, in exchange for that, meaning you

2 can tell me at any point in time you don't

3 understand my question or my question is unclear, I

4 am going to assume that if you answer my question

5 that you understood what I asked. Is that fair?

6 A. Yes.

7 Q. Chief Tedesco, have you been deposed before today?

8 A. Yes, I have.

9 Q. And on how many occasions?

10 A. Best of my recollection, on four cases.

11 Q. And can you tell me what those four cases are?

12 A. One case dates back to the mid-1980s, it was an

13 excessive force complaint. I was deposed. The

14 remaining cases, one is an action against me by the

15 Troy Police PBA. Another was a case involving an

16 execution of a search warrant in the City of Troy,

17 and I am here today.

18 Q. The excessive force case back in the '80s, was that

19 an allegation that you had used excessive force?

20 A. The officers that were under my supervision. I was

21 a patrol sergeant at the time.

22 Q. The case with the Troy PBA, is that a case that's

23 being defended by Tom O'Connor?

24 A. Yes, sir, it is.



1 Q. That's the Mayor Tutunjian is the defendant in that

2 case?

3 A. Yes, sir, that's correct.

4 Q. Now, you said there is a case you have been sued as

5 part of a search warrant in the City of Troy. Was

6 that in your official capacity as Chief of Police

7 or just some allegation you did something wrong?

8 A. No. I was an Assistant Chief at the time, and I

9 was in charge of the division that executed the

10 search warrant. I was not a named defendant in the

11 case.

12 Q. All right. And then what was the fourth case; you

13 are here today?

14 A. Yes, sir.

15 Q. What did you do to prepare for your testimony

16 today?

17 A. Nothing. I had a brief conversation with John

18 Bailey.

19 Q. You had a brief conversation with Mr. Bailey, and I

20 don't want to impugn what you talked about with

21 Mr. Bailey. Did you review any documents --

22 A. No, sir, I did not.

23 Q. -- to prepare for your testimony?

24 A. I did not.



1 Q. Now, it is my understanding at late as 2007 you

2 were the Assistant Chief in the City of Troy; am I

3 correct about that?

4 A. I was one of two, yes, sir.

5 Q. When did you become the Chief?

6 A. I became the Chief April 22nd, 2010.

7 Q. And prior to your becoming the Chief of Police, did

8 you ever raise any concerns that you had about the

9 operation of the Internal Affairs Division of the

10 Troy Police Department to anyone in city

11 government?

12 A. Yes, sir, I did.

13 Q. And now just so we can use the same terms, I quoted

14 the Internal Affairs Division. Is there a formal

15 name that you use?

16 A. No. That's a common name.

17 Q. If I call it the Internal Affairs Division, you and

18 I will understand we are talking about the Internal

19 Affairs Unit of the Troy Police Department?

20 A. Yes.

21 Q. It is supervised by Timothy Bucanan now, Captain

22 Bucanan now?

23 A. Yes, sir.

24 Q. Who did you communicate your concern about the



1 Internal Affairs Unit to?

2 A. I had numerous conversations with Chief, then Chief

3 of Police Nicholas Kaiser.

4 Q. Anyone else?

5 A. I believe I had spoken with former Corporation

6 Counsel David Mitchell.

7 Q. I have to cut, I am not going to ask you

8 anything -- just I am not going to ask you anything

9 about your conversations with Dave Mitchell. In

10 the interest of rule disclosure, Mr. Mitchell is

11 one of my clients. Are you aware of that?

12 A. Yes, I am.

13 Q. He sued the city based on the termination of

14 employment. I am not going to implicate the

15 privilege with him. I am going to ask you,

16 however, to look at a document that we will call

17 that Tedesco Exhibit 1, and I just want to confirm

18 that you wrote this, and ask you some general

19 questions about the content of the document. I do

20 not under any circumstances want you to tell me any

21 legal advice that you received from Dave Mitchell.

22 Understand?

23 A. Yes, sir, I do.

24 Q. Okay.



1 (Tedesco Exhibit 1 was marked for

2 identification.)

3 BY MR. KEACH:

4 Q. What is the caption of the case where you were

5 deposed that involved the PBA? Do you know who the

6 plaintiff is?

7 A. Yes. It is Robert Fitzgerald and the Troy Police

8 PBA.

9 Q. Is this memo about a criminal investigation, is

10 that discussing Mr. Fitzgerald, or --

11 MR. BAILEY: Referring to Exhibit Number

12 1?

13 MR. KEACH: I am a little tongue tied

14 today. I apologize.

15 BY MR. KEACH:

16 Q. This talks about a criminal investigation. Is that

17 a criminal investigation of Mr. Fitzgerald or of

18 someone else?

19 A. I don't recall who, but I am comfortable in saying

20 I do not believe it was Bob Fitzgerald, Officer

21 Fitzgerald.

22 Q. Now, did you, just yes or no, did you discuss

23 concerns you had with the Internal Affairs Division

24 with Mr. Mitchell beyond what's contained in this



1 memo?

2 A. On other issues or just conversations related to

3 this issue?

4 Q. On anything.

5 A. On any issues, not that I recall.

6 Q. Now, you say here in this date December 12th, 2007,

7 that is you wrote this, those are your initials

8 next to your name in the memo; correct?

9 A. Yes, sir.

10 Q. You wrote this and you say that the Internal

11 Affairs investigation in the department is suspect

12 if not corrupted by personal relationships. Again,

13 without revealing any conversation you had with

14 Mr. Mitchell, what did you mean by that?

15 A. The parties named in this were -- had a close

16 relationship with then Chief of Police Nicholas

17 Kaiser. I did not have a good relationship with

18 any of those parties involved. And I felt because

19 of that, that I would not be treated in an

20 objective manner pursuant to this matter.

21 Q. Why were you -- what role did you play in it?

22 A. I believe they were seeking from me some form of a

23 deposition or a statement, and I was concerned as

24 to what may happen with that, so I wanted to get



1 the advice of Mr. Mitchell as the Corporation

2 Counsel.

3 Q. Do you feel that other Internal Affairs

4 investigations conducted at the Troy Police

5 Department prior to December 12th of 2007 were also

6 corrupted by personal relationships?

7 A. No. My -- this memo pertains just to this incident

8 here.

9 Q. All right. It talks, it goes forward and talks

10 about the continuing relationship between the PBA

11 and Captains Fernett and Paul, what are you

12 referring to there?

13 A. There was a -- this memo was written shortly after

14 Officer Fitzgerald, I believe, was either elected

15 or reelected to his position as PBA president, and

16 as part of his campaign literature it stated, he

17 boasted of his relationship with then Chief of

18 Police Nicholas Kaiser. And as to the other

19 Captains Fernett and Paul, my relationship with

20 them has been strained for quite some time.

21 Q. What do you mean? So Officer Fitzgerald boasted of

22 what, having a good relationship with the Chief?

23 A. Yes. I guess if one were reading it, it would be

24 that he could get things resolved favorably, so to



1 speak.

2 Q. Did the PBA have a good relationship with Captains

3 Fernett and Paul as well?

4 A. No. I think the relationship was average.

5 Q. Did he -- well, it says here Officer Fitzgerald

6 also boasted of having a close personal

7 relationship with the Captain of IAB, correct, it

8 says that here?

9 A. That's what he boasted of.

10 Q. That's what you quoted in your memo?

11 A. Yes.

12 Q. The Captain of IAB would be Captain Fernett and

13 Captain Paul?

14 A. No. The Captain of Internal Affairs would be

15 Captain Fernett. I don't believe Captain Paul ever

16 had that position.

17 Q. You are not -- I reviewed literature in this case.

18 I mean, and I don't -- I promised Mr. Firth that we

19 would get this done today, so I have a lot of big

20 stack here. I don't really want to go through all

21 of it. But there are memos I have here reflected

22 that Captain Paul did Internal Affairs

23 investigations at some point in time.

24 A. Not to the best of my recollection, sir.



1 Q. You said you have had a difficult relationship with

2 Captain Fernett and Captain Paul?

3 A. Strained, yes, sir.

4 Q. Start with Captain Paul. Why do you have a

5 strained relationship with Captain Paul?

6 A. He was a former sergeant of mine when I was a

7 patrolman going way back. Just never hit it off,

8 personality clashes, and unfortunately that carried

9 through our careers.

10 Q. How about Captain Fernett?

11 A. Captain Fernett and I had a very strong disdain for

12 each other.

13 Q. Why is that?

14 A. I had disciplined Captain Fernett on several

15 occasions.

16 Q. For what?

17 A. I think it was one charge of insubordination when

18 he was a patrolman. I forgot what the other one

19 was, to be honest with you.

20 Q. Were those -- was that discipline related to

21 Internal Affairs investigations, or was it more

22 what I call administrative discipline, where like

23 not showing up on time, you know, not having your

24 hat on?



1 A. That was definitely administrative. It had nothing

2 to do with Internal Affairs. When that took place,

3 I was a sergeant and Captain Fernett was a

4 patrolman.

5 Q. How does one get to be the captain for Internal

6 Affairs? Is that a bid job?

7 A. Yes, sir, it is, by seniority.

8 Q. Is it still that way today?

9 A. Yes, sir, it is.

10 Q. Do you feel that's the way it should be as the

11 Chief of Police of the City of Troy?

12 MR. BAILEY: Hold on one second.

13 MR. KEACH: It wasn't very well phrased,

14 so I will give it another shot.

15 MR. BAILEY: Yes. And, you know, I don't

16 interfere at all, but I don't know that the

17 Chief's feelings about how things should be, I

18 don't know if that is fair to the Chief. I

19 think that way, Bob, because the collective

20 bargaining agreement calls for that; isn't

21 that true?

22 THE WITNESS: Yes, sir.

23 MR. KEACH: But I am going to build a

24 better foundation, and I do think a question



1 about his opinion is fair, and I will leave it

2 at that. But I will build a better

3 foundation, and I am aware that is a

4 collective bargaining issue.

5 MR. BAILEY: I have no problem putting

6 this on the record. This man has to go back

7 and run a police department, and if he is

8 voicing personal opinions on these subjects

9 that are really policy decisions by people who

10 are in a position --

11 MR. KEACH: I will phrase it in such a

12 way I don't go down that path. That is fine.

13 I am going to withdraw the question.

14 BY MR. KEACH:

15 Q. Under the collective bargaining agreement, you have

16 to bid for a position as the head of Internal

17 Affairs; correct?

18 A. Yes, sir.

19 Q. Do you know if there has ever been an effort to

20 change that?

21 A. Yes, sir.

22 Q. What efforts have been made to change that?

23 A. I have asked the Mayor to consider in the

24 collective bargaining agreement or contract



1 negotiations to consider having that position based

2 on my selection.

3 MR. BAILEY: Now, with that said and

4 done, I am going to ask that this answer be,

5 if you will, confidential. Because aren't

6 there collective bargaining negotiations going

7 on?

8 THE WITNESS: Yes.

9 MR. BAILEY: And I don't want the union

10 to know while there is collective bargaining

11 going on what the Chief's position is. So for

12 the purpose of a lawsuit, I have no problem

13 with the answer standing, but I am going to

14 ask that that question and answer be sealed

15 until it needs to be used in this case,

16 because I don't want it to affect the

17 collective bargaining process that's going on

18 right now.

19 MR. KEACH: Off for a second.

20 (Discussion off the record.)

21 MR. KEACH: We, Mr. Bailey and I spoke,

22 and I am aware of this the sensitivities of

23 Chief Tedesco and his relationship with his

24 subordinates. You know, the purpose of my



1 litigation, or excuse me, of Mr. Foley's

2 litigation is not to impugn Chief Tedesco's

3 effort to supervise the Troy Police Department

4 or impugn what he is trying to do to make

5 change or impugn his opinions about, you know,

6 certain issues. I will file under seal the

7 question and answer about this, the prior

8 question and answer about collective

9 bargaining issues, and although I am going to

10 give the transcript to Mr. Bailey when this

11 case is over, and invite him to review it with

12 his client and determine what portions of the

13 transcript he feels should be redacted from

14 any public filing to address the important

15 administrative issues that he raised to me

16 today, and that I appreciate it. I

17 indicated to Mr. Bailey I will hold the

18 transcript in confidence. We will have, you

19 know, I will look at whatever redactions he

20 wants to make. And if there is some

21 disagreement about what should or should not

22 be redacted from the public filing, hopefully

23 there won't be, but the transcript will be

24 held in confidence until we have that issue



1 resolved before Judge Homer.

2 MR. BAILEY: That's a fair way to

3 approach that, and I agree with that.

4 BY MR. KEACH:

5 Q. Chief Tedesco, why do you want that change in the

6 contract, meaning you get to appoint who is in

7 charge of Internal Affairs versus having it be up

8 for bid?

9 A. Because as Chief of Police, obviously, I need to

10 have confidence in the person in the position. I

11 would certainly look for certain skill set, and a

12 seniority bid does not afford me the opportunity to

13 exercise those options.

14 Q. Did you have concerns in the past before you became

15 Chief about who was in charge of Internal Affairs

16 for the City of Troy?

17 A. Not really, because I, up until I became Chief,

18 Internal Affairs reported directly to the Chief of

19 Police, so I really had no responsibilities or

20 duties aligned with that position.

21 Q. Have you had those concerns since you became the

22 Chief?

23 A. Which concerns, sir?

24 Q. Meaning the concern of who is this charge of



1 Internal Affairs.

2 A. Yes, I do have some concerns.

3 MR. KEACH: I am going to skip on as a

4 courtesy to you and your witness.

5 MR. BAILEY: Again, we have got an

6 agreement, so if you, as long as you give me a

7 chance to red line it and argue that it

8 shouldn't be in the public domain, and that if

9 we have a disagreement over it, we will let

10 Judge Homer decide that, but --

11 MR. KEACH: This line, or any follow-up I

12 ask to that, to this question will certainly

13 fall within what should be redacted for the

14 reasons we have discussed.

15 MR. BAILEY: Okay.

16 BY MR. KEACH:

17 Q. What more concerns have you had about individuals

18 that have been in charge of Internal Affairs since

19 you have been Chief?

20 A. The Internal Affairs function to me has to be one

21 that, A, the public is confident in, and two, that

22 the officers internally are confident in; that is,

23 that it is objective. And I think to ensure that,

24 you have to have an investigator I think with a lot



1 of experience and a wide exposed different types of

2 cases. Someone that is not superficial in

3 feelings, if you will, and somebody that is

4 thorough, and I think only a seasoned investigator

5 can do that.

6 Q. Do you have any knowledge about Mr. Foley's case?

7 A. Very limited knowledge, sir. Other than what I --

8 reports that I reviewed or conversations that I

9 have had about it.

10 Q. Again, not exempting Mr. Bailey from any

11 conversation you had, what kind of conversations

12 have you had about Mr. Foley's case?

13 A. I would have had a conversation with Deputy Chief

14 McAvoy, Captain DeWolf, and include him in the

15 investigation, and probably conversations with him

16 during the investigation process.

17 Q. All right. Do you feel that there was an

18 appropriate investigation into Mr. Foley's claims?


20 Q. Why do you feel that way?

21 A. Based on the outcome of Captain DeWolf's

22 investigations and conversations with Chief McAvoy,

23 and my review of the records.

24 Q. All right.



1 MR. KEACH: Just a moment. We are going

2 to mark this as Exhibit Tedesco 2, which is,

3 John, this is the Troy Police policy on

4 civilian complaints.

5 MR. BAILEY: Okay.


7 identification.)

8 BY MR. KEACH:

9 Q. Chief Tedesco, you are free to review the entire

10 document, but I would like to ask you some

11 questions about the part 3 of the document which is

12 on page 2. It's entitled "Classification of

13 Complaint."

14 A. Yes, sir.

15 Q. Is this still, this document we have in front of us

16 as Tedesco Exhibit 2, is this still in effect at

17 the Troy Police Department, or have there been

18 changes made to it since February of 2005?

19 A. There have been changes made to it.

20 Q. Has any changes been made to the Classification of

21 Complaint section?

22 A. The best of my recollection, we still use the

23 classification system, but I made modifications to

24 some of the wording.



1 Q. And based on your recollection, what modifications

2 would you have made to the wording?

3 A. Probably just language and grammar changes. I

4 don't recall specifically.

5 Q. Does the current policy of the City of Troy on

6 Internal Affairs --

7 A. I'm sorry (phone call).

8 Q. You are free to take that.

9 A. No.

10 Q. You are the Chief of Police in a major metropolitan

11 area.

12 A. No. Thank you. I appreciate your consideration.

13 Q. Leave it on as well. It is no problem.

14 (The Reporter read back the requested

15 portion.)

16 BY MR. KEACH:

17 Q. Does the current policy of the City of Troy in the

18 Internal Affairs still have class 3 complaints?

19 A. Yes, sir.

20 Q. And is the requirement of the current policy of the

21 City of Troy that because those are serious

22 complaints, that an extensive investigative effort

23 is required?

24 A. Yes, sir.



1 Q. I am going to show you what we are going to mark as

2 Tedesco Exhibit 3, which is a memo from Captain

3 DeWolf to Deputy Chief McAvoy about Mr. Foley's

4 Internal Affairs complaint. Now, I believe that

5 there is a document attached at the end of this.

6 It is a three-page document, at the end there is a

7 letter that Mr. Foley provided to the Troy

8 Corporation Counsel's Office. I am not sure if

9 that is part of this document or not, but I am

10 going to mark it all as one. All right? It is how

11 it was produced to me in that order, but I don't

12 know if that was in fact the case.

13 MR. KEACH: Mark this as Tedesco 3.


15 identification.)

16 BY MR. KEACH:

17 Q. Have you ever seen that document before today?

18 A. Yes, sir.

19 Q. And you are aware that Mr. Foley alleges that your

20 police officers used excessive force against him?

21 A. Yes, sir.

22 Q. Are you aware that Mr. Foley maintains that your

23 officers caused him to have a collapsed lung as a

24 result of the force they used against him?



1 A. No. I -- well, best of my recollection, bruised

2 ribs, or something to that effect.

3 Q. And Mr. Foley filed paperwork indicating he was

4 complaining of excessive force with the Corporation

5 Counsel's Office back in 2010; correct? Is that

6 your understanding?

7 A. I don't know if it was through Corporation Counsel

8 or with us.

9 Q. But there was some sort of complaint Mr. Foley had

10 filed that was written?

11 A. Yes, sir.

12 Q. That's at the end of the document we have marked as

13 Tedesco 3?

14 A. Yes, sir.

15 Q. Now, do you know whether or not your Internal

16 Affairs Captain ever interviewed Mr. Foley?

17 A. I do not.

18 Q. Do you know whether or not your Internal Affairs

19 Captain ever interviewed any of the witnesses who

20 were present during Mr. Foley's interaction with

21 your subordinate police officers?

22 A. I don't recall. I am sure I had a conversation

23 with Captain DeWolf and Deputy Chief McAvoy, but I

24 am not sure.



1 Q. I mean, this document speaks for itself, are you

2 aware of anywhere in this document where it would

3 reflect that Captain DeWolf interviewed any of the

4 witnesses that were present when Mr. Foley had the

5 interaction with your subordinate police officers?

6 A. Just for clarification, are you asking me if that

7 is stated in here?

8 Q. I am asking you to your knowledge is it stated in

9 there. You are free to read the document if you

10 want to. I don't want to ask you about things that

11 are obvious in the document. That's a waste of our

12 time.

13 A. Okay. (The witness is perusing the document.)

14 Q. I am going to phrase it a different way just to

15 save us some time.

16 A. Sure.

17 Q. Do you believe that an effort should be made as

18 part of an extensive effort to respond to a

19 complaint of excessive force to interview civilians

20 who witnessed the interaction between your police

21 officers and a person complaining of excessive

22 force?

23 MR. BAILEY: Object to the form. Go

24 ahead and answer.



1 THE WITNESS: I think, I think if you

2 review an investigation as a progression, and

3 I think as the investigation progresses it

4 leads you there, then yes, sir, I would.

5 BY MR. KEACH:

6 Q. All right. Well, this document I have in front of

7 me reflects that Captain DeWolf only talked to

8 certain individuals. He talked to someone from the

9 Rensselaer County Sheriff's Department about intake

10 paperwork, and he talked to four of the officers

11 involved, Foley, Castle, Wontonmeano (phonetic),

12 and Anderson, and that's it. He didn't talk to any

13 civilians. He didn't talk to the complainant. He

14 didn't talk to another individual who was arrested

15 at the same time, Shakeem Miller. I am asking you

16 to assume all those things. Do you feel that's an

17 appropriate investigation of an excessive force

18 complaint?

19 MR. BAILEY: Object to the form. You can

20 answer it.

21 THE WITNESS: I think, again, if I look

22 at things as a progression, there was nothing

23 that we could tap into to believe there was

24 any further validity to that complaint, so at



1 that point he terminated his investigation.

2 BY MR. KEACH:

3 Q. How would he know whether or not there is validity

4 of the complaint if he didn't even talk to the

5 person who filed it?

6 A. I believe, and I am going strictly from memory, I

7 believe Mr. Foley did not come in but was requested

8 to.

9 Q. Okay. I haven't seen any documentation to that

10 effect. Do you know if there is any?

11 A. I don't know, but I recall having or I believe I

12 recall having a conversation with either Captain

13 DeWolf or Deputy Chief McAvoy, or both, that Mr.

14 Foley was either unavailable or refused to come in

15 and be interviewed.

16 Q. All right. That also is not reflected in this

17 summary that we have in front of us, or reflected

18 in any way of the documents that I have seen about

19 the case that Mr. Foley refused to be interviewed.

20 So I am going to ask you the question again.

21 Assuming Mr. Foley was willing to be interviewed,

22 would it have been appropriate to close this

23 investigation into excessive force against him

24 without at least talking to him?



1 A. Oh, of course not. If he was willing to be

2 interviewed, we certainly would have interviewed

3 him.

4 Q. I don't understand what you mean by progression.

5 Can you explain that to me again --

6 A. Sure.

7 Q. -- so I can follow-up?

8 A. Of course. When an officer responds to a call we

9 commonly call that a preliminary investigation. If

10 the officer discovers something during that, it is

11 usually turned over to a detective, and we phrase

12 that as continuing investigation. And as the

13 events unfold or are found during the course of an

14 investigation, it, A, leads to B, and B leads to C.

15 That's what I mean by the stages of the

16 investigation, you follow things where they are

17 taking you.

18 Q. Okay. How long have you been a police officer for?

19 A. 36 and a half years.

20 Q. And during that 36 and a half year period, have you

21 ever acted as an instructor at the Zone 5 Police

22 Academy?

23 A. Not a formal instructor, if you will. I am not a

24 certified instructor. I do go over as Chief of



1 Police, I hold -- I assist in the inspections

2 process, and I usually give the recruits an open

3 forum in their class, but I don't do any formal

4 instruction.

5 Q. You are aware that the Zone 5 Police Academy

6 teaches the importance of being thorough as a

7 police officer when conducting an investigation;

8 correct?

9 A. Yes, sir.

10 Q. And you should get as much information as you can

11 when you are investigating a crime?

12 A. Yes, sir.

13 Q. Whether it is, in fact, whether it is good or bad

14 in terms of whether or not you are going to arrest

15 somebody; correct?

16 A. Yes, sir.

17 Q. One of the reasons they do that is because if you

18 don't do a thorough investigation and then there is

19 a later trial, that can come back and bite the

20 person who didn't do a thorough investigation; is

21 that fair?

22 A. Yes, sir.

23 Q. How would you have a thorough Internal Affairs

24 investigation if there was no effort made by your



1 Captain to interview people who actually saw what

2 happened that night, I mean, apart from the

3 officers?

4 A. I don't know that there wasn't any effort made.

5 Maybe the Captain didn't document it, but I am

6 not -- I don't know whether or not, quote, any

7 effort was made. I would assume knowing Captain

8 DeWolf that an effort certainly was made.

9 Q. But we can agree too that the Zone 5 Police Academy

10 teaches the importance of maintaining

11 documentation?

12 A. Absolutely.

13 Q. Keeping thorough notes, making thorough memos?

14 A. Yes, sir.

15 Q. Is it the practice of the Troy Police Department

16 not to investigate claims of excessive force if the

17 person filing the complaint won't be interviewed?

18 A. No, sir, not at all. We will take it as far as

19 we can. Certainly if it would hamper any further

20 efforts, we will assume they will come in and be

21 interviewed.

22 Q. Was that the way it was before you became Chief of

23 Police, namely somebody wouldn't come in and be

24 interviewed that their complaint was automatically



1 closed?

2 A. I don't know, sir. I wasn't involved in the

3 Internal Affairs process before becoming Chief.

4 Q. So then you are not aware that there are literally

5 scores of instances of excessive force claims being

6 raised with Internal Affairs that were not

7 investigated because they could not get the person

8 to be interviewed?



11 THE WITNESS: Before I became Chief of

12 Police?

13 BY MR. KEACH:

14 Q. Yes.

15 A. No, sir, I am not aware.

16 Q. Do you feel that is an appropriate practice,

17 automatically terminate an Internal Affairs

18 complaint because the person who was the subject of

19 the excessive force couldn't be interviewed?

20 MR. BAILEY: I object to the form. But

21 if you can answer it, go ahead and answer it.

22 THE WITNESS: I don't think it should be

23 abruptly terminated. Certainly the

24 investigation continue as far as it would.



1 But again, without having the complainant

2 available for interview, it would be difficult

3 to proceed.

4 BY MR. KEACH:

5 Q. You had some responsibility for Internal Affairs

6 when you were the assistant chief, didn't you?

7 A. No, sir.

8 Q. You didn't get any memos from Internal Affairs

9 about, you know, about -- you didn't participate at

10 all in the Internal Affairs investigation?

11 A. No, sir. That was an ongoing point of contention

12 between myself and then Chief of Police Nick

13 Kaiser.

14 Q. Why was that a point of contention?

15 A. I felt as a division chief, which at the time I was

16 either -- I was a patrol chief, that people under

17 investigation within my division, I should be aware

18 of it.

19 Q. Okay. And he didn't agree?

20 A. Not at all. No, sir.

21 Q. Have you ever referred officers for an Internal

22 Affairs investigation?

23 A. Yes, sir.

24 Q. How many occasions?



1 A. Over the course of my career or --

2 Q. Let's say in the past ten years.

3 A. Between five and ten.

4 Q. And just in general without giving me the names of

5 the individuals, what would you refer someone for?

6 A. Usually be an act of some sort of act of

7 insubordination, maybe a dereliction, things in

8 that category. Could be a training, something that

9 was found to be a training issue also.

10 Q. How about for excessive force?

11 A. If it came to my attention, yes, sir.

12 Q. In the past ten years, how many officers have you

13 been -- well, I will step back. I am going to

14 define the term "serious discipline." When I use

15 serious discipline, I mean discipline that goes to

16 a notice of discipline, where that involves the

17 loss, anything that involved loss of vacation time,

18 pay, fine, above that level. I understand there is

19 counseling memos and stuff below that level, but if

20 I use the term "serious discipline," do you

21 understand what I am trying to say?

22 A. Yes, sir.

23 Q. Do you know in the past ten years has any officer

24 from the City of Troy been subject to serious



1 discipline for the use of excessive force against a

2 civilian?

3 A. Not to my knowledge.

4 Q. Are you aware that the defendant in this case,

5 Officer Christopher Pollay was accused of using

6 pepper spray on a woman who was handcuffed in the

7 back of a patrol cruiser?

8 A. I probably was at the time. I don't recall it now.

9 Q. Show you what we will mark as Tedesco Exhibit 4.

10 MR. KEACH: John, I do not have a copy of

11 this for you.

12 MR. BAILEY: I can get it.

13 MR. KEACH: It was something Bill gave me

14 as part of Judge Homer's order.


16 identification.)

17 BY MR. KEACH:

18 Q. Chief Tedesco, have you seen that document before

19 today?

20 A. I have some -- I do believe so, yes, sir.

21 Q. Does that refresh your recollection about Officer

22 Pollay being accused of using pepper spray on a

23 woman in the back of his patrol cruiser that was

24 handcuffed?



1 A. Yes.

2 Q. Do you think that's appropriate?

3 A. Absolutely.

4 Q. You would think it is appropriate for your

5 subordinate officer to use OC spray on a woman who

6 is handcuffed in the back of his patrol cruiser?

7 A. Yes, who is trying to free herself and spitting on

8 the officer, yes, I do, sir.

9 Q. What kind of partitions do you have in Troy patrol

10 cars?

11 A. Glass.

12 Q. And so how exactly is one to spit on an officer

13 when there is a glass partition between the front

14 and the back of the patrol cruiser?

15 A. Depending on the patrol car, there could be gaps

16 either in the bottom of the partition where the

17 back of the headrest, if you will, on the front

18 seat, or there could be a break in the partition up

19 at the top where it meets. Okay. I have to look

20 at the partition in fact that was in that car at

21 that time, but do I think that would be appropriate

22 with someone spitting, absolutely.

23 Q. I thought OC spray was only supposed to be used to

24 subdue somebody?



1 A. That is exactly what the officer was trying to do.

2 Q. But someone that is handcuffed in the back of a

3 patrol cruiser is subdued?

4 A. Not necessarily, sir. If they are thrashing about,

5 there is certainly an injury that can occur to

6 them. There is certainly an injury that can occur

7 to the officer. I would say that, you know,

8 handcuffs are not a foolproof method of having

9 someone subdued. I think the officer's action in

10 this according to the document I have before me, I

11 would say that is an appropriate use of pepper

12 spray.

13 Q. Well, he was counseled. Counseling is a form of

14 discipline; isn't it?

15 A. Counsel -- well, it goes two ways. We are told

16 counseling is not discipline. We are told

17 counseling is discipline. So I don't know exactly

18 what the definition is, but just because I don't

19 agree with it, I mean, certainly if he was given a

20 counseling deposition at the time.

21 Q. Isn't that something that you would have to

22 approve?

23 A. No, sir.

24 Q. Who would have to approve it?



1 A. That would have been directed by -- back then

2 directed by the Chief of Police Nick Kaiser.

3 Q. So what you are telling me is that you feel it is

4 perfectly appropriate for this officer to have used

5 pepper spray on someone who is handcuffed in the

6 back of his patrol cruiser?

7 A. Someone who is attempting to break out of the

8 patrol car and is spitting at the officer, yes,

9 sir.

10 Q. Isn't it a written policy of the Troy Police

11 Department that somebody who is handcuffed should

12 not be pepper sprayed?

13 A. I would have to review the policy, but I don't

14 believe within that policy there is any

15 prohibition. There may be a caution to it, but I

16 don't believe it is prohibited.

17 Q. All right. Well, I will show you what we will mark

18 as Tedesco Exhibit 5, and I will just read you the

19 part of it.

20 A. Sure.

21 Q. You are free to read it, if you like. But it says

22 here, this is from Chief Kaiser to Captain Owens.

23 My concern is twofold, according to TPD policy

24 using OC spray to control a handcuffed prisoner is



1 cited as an example of unauthorized use of OC.

2 Equally as important, it would seem to me driving a

3 vehicle exposed to OC spray is more unsafe than the

4 spitting situation.

5 MR. KEACH: I will mark this as Tedesco

6 5.


8 identification.)

9 MR. KEACH: Let the record reflect

10 Tedesco 5, I think, is a three or four page

11 document. I am only going to ask the Chief

12 about the first page.

13 (The witness is perusing the document.)

14 BY MR. KEACH:

15 Q. Sir, you see where it says that; right?

16 A. Yes, sir.

17 Q. All right. So I take it based on your testimony

18 today you would not agree with what Chief Kaiser

19 said should occur here?

20 A. Yes, sir, that's correct.

21 Q. You would not agree with Chief Kaiser's assessment

22 that using OC spray on a woman who is handcuffed in

23 the back of a patrol cruiser is an unauthorized use

24 of force under Troy PD's policies?



1 A. With the added elements of her spitting on an

2 officer and thrashing about and trying to escape

3 from the vehicle, yes, sir.

4 Q. Should someone be tasered for that?

5 A. It would depend on the options available to the

6 officer. Certainly taser would be another less

7 legal option. Yes, sir.

8 Q. So someone should be tasered because they spit on a

9 police officer?

10 MR. BAILEY: That is not what the Chief

11 said.

12 MR. KEACH: I am not trying to be

13 combative. I want to be fair.

14 BY MR. KEACH:

15 Q. Do you feel that someone in this situation should

16 be tasered, someone who is in the back of a patrol

17 cruiser, handcuffed, spitting on a police officer?

18 MR. BAILEY: Just so I understand your

19 question, you are saying, you are asking the

20 Chief whether or not if this person had been

21 tasered, that is acceptable?

22 MR. KEACH: Yes.

23 MR. BAILEY: All right. I do object to

24 the form. It does call for the Chief to



1 speculate on something that didn't happen.

2 But go ahead, Chief, the best way you can,

3 answer the question.

4 THE WITNESS: In concern for the officer

5 and the blood borne pathogen of someone

6 spitting on you, I certainly wouldn't

7 recommend it under normal circumstances. But

8 in this case, I would have to consider that it

9 may have been a viable option. Yes, sir.

10 BY MR. KEACH:

11 Q. Counseling is different than discipline; right?

12 A. That's my understanding, sir.

13 Q. All right. And there are circumstances under which

14 you get to a notice of discipline?

15 A. Yes, sir.

16 Q. And there have been officers in the Troy Police

17 Department that have been subjected to notices of

18 discipline; fair to say?

19 A. Yes, sir.

20 Q. Do you know if in the past ten years, has an

21 officer ever been subjected to a notice of

22 discipline for the excessive use of force or an

23 allegation of excessive force?

24 A. Not that I recall, sir.



1 Q. Has an officer ever been subjected to a notice of

2 discipline for referring to you as a -- and this is

3 quote from the document, I am not trying to insult

4 you, probably already know what it is.

5 A. It is something I have been called before so --

6 Q. -- a little Guinea cocksucker, are you aware of

7 someone being subjected to a notice of discipline

8 for referring to you as a "little Guinea

9 cocksucker"?

10 A. I believe it was Captain Robert Cipperly,

11 C-I-P-P-E-R-L-Y.

12 Q. Has an officer ever been subjected to a notice of

13 discipline for being discourteous to the public, in

14 the past ten years is the time period?

15 A. Just I am going to ask for clarification. Notice

16 of discipline meaning charges and specifications

17 have been filed, or just --

18 Q. Maybe a better way to say it is subjected to

19 serious discipline. We talked about serious

20 discipline before. Because maybe the term of

21 notice of discipline isn't the right term, because

22 a lot of times there is a negotiation of in lieu of

23 notice of discipline. I will step back and ask my

24 questions again.



1 Has there ever been an instance in the past

2 ten years when an officer of the Troy Police

3 Department has been subjected to serious discipline

4 for the excessive use of force?

5 A. Not to my knowledge.

6 Q. Has there ever been an incident where a police

7 officer in the City of Troy has been subject to

8 serious discipline for being discourteous to

9 members of the public?

10 A. No, sir, not to my knowledge.

11 Q. There have been instances, however -- well, are you

12 aware of there being instances where Internal

13 Affairs investigations have sustained claims that

14 your Troy police officers have been discourteous to


16 A. I am going to answer I am not aware of any, only

17 because of my lack of association, lack of an

18 association with Internal Affairs before I became

19 Chief of Police, so I am not aware of any.

20 Q. All right. Are you aware of an officer by the name

21 of Carello?

22 A. Yes, sir.

23 Q. And how do you know Officer Carello?

24 A. I have known now Sergeant Carello for an extensive



1 period of time. I knew him when he was an officer

2 with the North Greenbush Police Department, and

3 obviously working with him in the City of Troy. He

4 was an officer of mine in the Community Police Unit

5 back in the late '90s and early 2000s.

6 Q. And have you ever communicated with Chief Kaiser

7 about Officer Carello's conduct?

8 A. I may have. I don't recall a specific instance.

9 Q. I will show you what we are going to mark as

10 Tedesco Exhibit 6, which is a memorandum from Chief

11 Kaiser to yourself, 11/22/2006.


13 identification.)

14 BY MR. BAILEY:

15 Q. Why is Chief Kaiser writing to you and detailing

16 about counseling for Officer Carello in this memo

17 dated November 22nd, 2006?

18 A. Because that was within my division. Officer

19 Carello's assignment was within my division of

20 responsibility.

21 Q. What was your division?

22 A. Operations Division. I was in charge of all the

23 uniform and investigative forces.

24 Q. What other divisions are there?



1 A. At that time there was what we call the

2 administrative or Support Services Division, and

3 budgeting, planning and analysis, all your support

4 services.

5 Q. So a detail, you would agree with me, this memo

6 details Officer Carello being discourteous to a

7 member of the public?

8 A. Yes, sir.

9 Q. Now it says here that there have been, that this

10 officer received several counseling memos in the

11 past which deal with his behavior. Do you know

12 what that is referring to?

13 A. No, sir, I do not.

14 Q. Do you have any knowledge that Officer Carello had

15 any problems before receiving this memo?

16 A. No. No, sir.

17 Q. And it also says here, "This is not the first time

18 we have received complaints about this officer's

19 negative demeanor and behavior." Do you have any

20 knowledge of that?

21 A. Not that I recall.

22 Q. How long did you supervise Officer Carello for?

23 A. I would say during the period from 1998 till I was

24 promoted to as Assistant Chief in 2003, directly



1 supervise him, obviously, he became under my

2 general supervision.

3 Q. So you became the Chief in 2010?

4 A. Yes, sir.

5 Q. So you supervised the man for roughly twelve years?

6 A. Yes, sir.

7 Q. You are not aware of any of the issues that are

8 raised by Chief Kaiser in his memo to you from

9 2006?

10 A. No, sir. Sergeant Carello, then Officer Carello,

11 was very well received by the community police and

12 assignment, and he continues to be well received

13 today, so I am not.

14 Q. All right. Reviewing this memo, do you think that

15 counseling was the appropriate thing that should be

16 done relative to Officer Carello's conduct given

17 Chief Kaiser's perceptions of his past problems?

18 A. I have to see the past complaints, and the, you

19 know, what the outcomes of the complaints were

20 really to properly answer that.

21 Q. All right. Well, if someone -- I mean, how does

22 it -- do you employ progressive discipline at the

23 Troy Police Department?

24 A. Yes, sir.



1 Q. Counseling is supposed to be kind of like at the

2 bottom of progressive discipline; isn't that right?

3 A. Yes, sir.

4 Q. So if someone has received -- as one of your

5 subordinates, how many times with somebody doing

6 something wrong would you counsel them before you

7 take more determinant action against them?

8 A. I would probably on the second time if the

9 counseling memo didn't correct it the first time

10 and it continued on, then I would probably step it

11 up.

12 Q. How would you step it up, to what?

13 A. Probably charges and specifications, or more

14 training depending on what the issue is.

15 Q. All right. Are you aware of anyone receiving

16 additional training as it relates to the use of

17 force in the Troy Police Department?

18 A. All of our officers in our annual in-service

19 school, we go over the use of force as part of our

20 range training.

21 Q. No. No. I don't mean in-service training. I mean

22 someone that has had a problem with using force and

23 was taken aside and required to attend additional

24 training.



1 A. I don't recall, sir.

2 Q. What happened to Captain Cipperly when he referred

3 to you using that Italian insult?

4 A. I don't think I brought the charge against him. I

5 don't think that was me. I really don't think he

6 received any discipline. Maybe a counseling memo,

7 but I really don't know. I don't remember going to

8 a hearing on this or anything like that.

9 Q. Do you know whether or not he got a notice of

10 discipline?

11 A. I am going to clarify something. We have what is

12 called in Troy Police Department a notice of

13 infraction, which an officer has to agree to as a

14 resolution of discipline. Then we have counseling

15 memorandum, which the officer doesn't have to agree

16 to. So I don't know if he received either of

17 those, to be honest, or if he was just verbally

18 admonished.

19 MR. KEACH: I am going to mark Tedesco

20 Exhibit 7. Now let the record reflect this is

21 a five-page document. And in the effort to

22 get down here today, my paralegal probably

23 stapled a bunch of things together that she

24 shouldn't have. There is a couple of memos



1 stapled together as well. I am going to show

2 you. I am going to mark it anyway because

3 it is already stapled. These are all

4 documents about this whole deal with Cipperly

5 and his comments. Mark it as Tedesco Exhibit

6 7, and then ask you some questions about it.

7 I am going to direct you to the last page.


9 identification.)

10 BY MR. KEACH:

11 Q. Is that a notice of discipline?

12 A. We call it charges and specification, and it is

13 certainly commences what we have agreed to would be

14 a formal process of discipline.

15 Q. All right. So would you agree now, do you still

16 have, I think it was Exhibit 6, the memo about

17 Officer Carello? Do you still have that one over

18 there?

19 A. Yes, sir.

20 Q. All right. Would you agree with me that Chief

21 Kaiser documented in this memo several instances

22 where Officer Carello had been discourteous to


24 A. Yes, sir.



1 Q. Do you agree with me that this memo details how

2 Officer Carello in fact followed someone into the

3 parking lot of a convenient store to get into a

4 verbal exchange with them?

5 A. Yes, sir.

6 Q. Do you believe that referring to you as in a term

7 that insults your Italian heritage is more severe

8 than Officer Carello's repeated instances of being

9 discourteous to the public?


11 answer.

12 THE WITNESS: I think either one is

13 discourteous. I don't think one rises above

14 occasions of the other. Certainly we have a

15 code of conduct, which obviously this

16 references, but the code of conduct also

17 covers Sergeant Carello.

18 BY MR. KEACH:

19 Q. Here is what I am trying to figure out. Captain

20 Cipperly is in an argument with somebody, loses his

21 composure, you know, makes comments like, you know,

22 fucking cry babies, like fucking ticks, and then

23 comment about your Italian heritage, that's

24 something that rises to the level of formal



1 discipline in the Troy Police Department, do you

2 feel that that was appropriate?

3 A. Yes, sir.

4 Q. And yet Officer Carello is repeatedly discourteous

5 to members of the public and that does not rise to

6 the level of formal discipline, do you feel that is

7 appropriate as well?


9 answer.

10 THE WITNESS: I do not. If I were Chief

11 of Police at that point in time, I would have

12 instituted charges and specifications.

13 BY MR. KEACH:

14 Q. Do you know why that wasn't done here?

15 A. No, sir, I don't.

16 Q. Did you ask given that this memo was sent to you

17 that Officer Carello be subjected to charges and

18 specifications for his conduct?

19 A. I don't believe I did.

20 Q. Why not?

21 A. Because it was a directive from my superior.

22 Q. Did you check -- did you have a conversation with

23 Chief Kaiser about this at all?

24 A. I don't recall. I don't believe so.



1 Q. Is that something you had done in the past, if you

2 don't agree with something the Chief is doing to at

3 least tell him as much?

4 A. I'm noted for voicing my opinion, but my

5 relationship with Chief Kaiser did not allow for

6 that.

7 Q. You are aware of what happened with Captain

8 Bouchard; correct?

9 A. Yes, sir.

10 Q. Does Captain Bouchard still work for your

11 department?

12 A. No, sir, he does not. He retired.

13 Q. He retired in lieu of being fired; correct?

14 MR. BAILEY: If you can answer that.

15 THE WITNESS: I know there were

16 disciplinary charges pending. I don't know

17 what the punishment sought was.

18 BY MR. KEACH:

19 Q. Well, you are aware that there was a problem with

20 Captain Bouchard relative to securing a statement

21 from a criminal defendant in a murder case?

22 A. Yes, sir.

23 Q. And that those -- and that his actions in that

24 regard is what led to him losing his employment



1 with the City of Troy?

2 A. Yes, sir.

3 Q. And then also involved in that was Detective

4 Sergeant Centoni (phonetic)?

5 A. Centoni, yes, sir.

6 Q. And Mary K. O'Neil, a sergeant?

7 A. Yes, sir.

8 Q. Now apart from Captain Cipperly, Captain Bouchard,

9 Detective Sergeant Centoni, and Sergeant O'Neil,

10 have there been any other instances in the past ten

11 years when someone has been subjected to serious

12 discipline as a result of an Internal Affairs

13 investigation?

14 A. Yes, sir.

15 Q. How many?

16 A. Well, I settled one two weeks ago. I had two other

17 officers with charges pending.

18 Q. A better way to phrase this would be from ten years

19 ago today until June 25th of 2010, do you know of

20 anyone besides those four officers, Cipperly,

21 Bouchard, Centoni and O'Neil, that were subjected

22 to serious discipline as a result of an Internal

23 Affairs investigation?

24 A. I don't recall off the top of my head. I would



1 have to look at the records for that.

2 Q. I understand. Do you have any recollection of

3 anybody beside those four individuals?

4 A. Sitting here today, I don't.

5 Q. And the individuals that would be subjected to an

6 Internal Affairs complaint, they would be your

7 subordinates, wouldn't they, when you were

8 Assistant Chief?

9 A. Yes, sir.

10 Q. I mean, does Internal Affairs deal with the budget

11 people, or the people in the other division that

12 you talked about?

13 A. Would they be subject to an investigation?

14 Q. Yes.

15 A. Of course.

16 Q. Were any of those individuals in the other division

17 uniformed officers?

18 A. It kind of goes by who is the chief at the time.

19 My planning and analysis and training captains are

20 uniform positions. That was not the case under

21 Chief Kaiser. So there is no hard and fast rule on

22 that one.

23 Q. So but that back when Chief Kaiser was in charge,

24 those individuals, they were not uniformed



1 officers, the training captains?

2 A. No, sir. I think it was pretty much left to their

3 discretion.

4 Q. Did any of those individuals have interactions with

5 the public in terms of conducting arrests or

6 anything like that?

7 A. Not in the normal course of their duties.

8 Q. Now, have any uniformed officers from August 14th

9 of 2002 until June 25th, 2010, if any of those

10 officers had been subjected to formal discipline,

11 you would have been told that because they were

12 your subordinates; correct?

13 A. Not necessarily, no.

14 Q. Would you have heard about it?

15 A. I may have heard about it through the rumor mill,

16 yes, which I think is inappropriate, but yes.

17 Q. There is, Troy Police is just like every other

18 police department, they have got all kind of rumors

19 and gossip flying around all the time; right?

20 A. Absolutely.

21 Q. And you can't recall anybody in that time period

22 that has been subjected to --

23 A. Not sitting here today.

24 Q. All right. Do you feel as Chief of Police that you



1 are more vigilant in enforcing police officer

2 discipline than your prior supervisor, Chief

3 Kaiser?


5 ahead and answer.

6 THE WITNESS: I try to be more

7 consistent, yes, sir.

8 BY MR. KEACH:

9 Q. You feel that Chief Kaiser was inconsistent?

10 MR. BAILEY: Object to the form.

11 THE WITNESS: I think I am more objective

12 in my approach.

13 BY MR. KEACH:

14 Q. Were there instances when someone that had a

15 friendly relationship with Chief Kaiser was treated

16 in a more gentle fashion than someone who was not?

17 A. Based on my personal experiences?

18 Q. Yes.

19 A. In an incident involving me, yes.

20 Q. And that was the comment about your Italian

21 heritage or something else?

22 A. No. It was an incident I had with Captain Fernett.

23 The Chief handled it, and I don't feel that I was

24 given a fair shake.



1 Q. And just in general terms, what was the problem

2 with you and -- was it an insubordination issue?

3 A. Yes. It was, yes, sir. It involved an audit in

4 the property room, and I did not feel being

5 conducted in an efficient manner. I voiced my

6 concern to the Chief. He went back to Captain

7 Fernett. Captain Fernett came in my office and

8 acted in what I felt to be insubordinate in an

9 appropriate manner, and I asked that he be charged.

10 Q. Including your memo that we talked about before

11 that you gave to Dave Mitchell, you put in that

12 memo that the head of the PBA was bragging about

13 his relationship with the Chief and the Internal

14 Affairs Bureau Captains. Do you feel that

15 Mr. Fitzgerald was able to get better results for

16 his subordinate officers involved in internal

17 investigations from Chief Kaiser versus what he

18 would have gotten from you?


20 answer.

21 THE WITNESS: I think Chief Kaiser would

22 have been more open to his suggestion.

23 BY MR. KEACH:

24 Q. Did Chief Kaiser take -- did Chief Kaiser take



1 excessive force complaints seriously?

2 A. Yes, sir.

3 MR. KEACH: Off the record.

4 (A short recess was taken.)

5 BY MR. KEACH:

6 Q. In your capacity as Chief today, have you seen

7 prior Internal Affairs reports about officers under

8 your supervision, I mean prior to you becoming a

9 chief?

10 A. Yes, sir. Some.

11 Q. And the ones that you have reviewed, would you have

12 handled those the same or differently than your

13 predecessor, Chief McAvoy?

14 MR. BAILEY: Chief Kaiser you mean?

15 BY MR. KEACH:

16 Q. Sorry. Chief Kaiser.

17 A. I don't believe I discovered anything that would

18 have caused me to take a different course of

19 action.

20 Q. Now, you talked about officers that you were

21 currently disciplining?

22 A. Yes, sir.

23 Q. Are any of those officers that we have talked about

24 today in your testimony?



1 A. No. No, sir.

2 MR. KEACH: Off the record for a second.


4 BY MR. KEACH:

5 Q. Are you aware of an instance where one of your

6 subordinates was caught violating an order of

7 protection from the time period of, you know,

8 August 14th of 2002 till September 25th of 2012?

9 A. There has been a couple, yes, sir.

10 Q. Excuse me. 2010. Thank you.

11 And you would agree with me, sir, that

12 violating an order of protection is a crime; isn't

13 it?

14 A. Yes, sir.

15 Q. And in fact that's a very frequent criminal charge

16 in the City of Troy would be violating an order of

17 protection?

18 A. Yes.

19 Q. Criminal contempt second degree, or criminal

20 contempt first degree; correct?

21 A. Yes, sir.

22 Q. Do you know if either one of those officers that

23 were caught violating an order of protection was

24 subjected to serious discipline?



1 A. Yes. Two. One of which was -- actually, I will

2 take that back. I believe that two were arrested,

3 subsequently terminated. One was recently

4 suspended without pay.

5 Q. Were there individuals who were caught violating an

6 order of protection who were not subjected to

7 serious discipline?

8 A. Not to my knowledge, not that I can recall here

9 today.

10 Q. Did you ever hear about an officer sending repeated

11 text messages to someone from his Troy Police

12 telephone in violation of an order of protection?

13 A. I am going to -- I am going to say no, only because

14 the majority of our officers in fact don't -- we

15 don't have texting services. So I am not sure on

16 that unless you want to clarify that.

17 Q. William Wade, Senior?

18 A. I am aware of the violation of the order of

19 protection. I was present at his arrest.

20 Q. He was arrested?

21 A. Yes, sir.

22 Q. By your department?

23 A. Yes, sir.

24 Q. And how long after it was learned that he had



1 violated an order of protection was he arrested by

2 your department?

3 A. It was brief. I am going to say within several

4 days.

5 Q. Was he one of the individuals that was terminated?

6 A. Yes, sir. Well, I think the resolution was the

7 settlement was after he retired.

8 Q. How about an officer who had had a physical

9 altercation with his estranged wife and then called

10 the Rensselaer County 911 center and asked them not

11 to respond to her call for help?

12 A. I don't recall that.

13 Q. Didn't we talk earlier about Officer Carello?

14 A. Yes, sir.

15 Q. Isn't that the gentleman? He was the subject of a

16 memo. I don't know what exhibit number that was.

17 MR. KEACH: What is that, John?

18 MR. BAILEY: 6, I think.

19 BY MR. KEACH:

20 Q. Would have been Tedesco 6. We talked about Officer

21 Carello before; right?

22 A. Yes, sir.

23 Q. Are you aware that Officer Carello had contacted

24 the Rensselaer County 911 center and asked them not



1 to respond to his wife's call for help after he had

2 ripped a phone out of the wall, otherwise

3 threatened his estranged wife?

4 A. Not that I recall that. To the best of my

5 knowledge, I thought they lived in Albany County

6 when he was married, but I could be wrong.

7 Q. All right. Who is A. Magnett?

8 A. That would have been Anthony Magnetto, who retired

9 June of 2011 as the Operations -- Assistant Chief

10 in charge of Operations.

11 Q. All right. So he was like your compatriot on the

12 other side of the Troy PD?

13 A. No. Actually he filled my spot when I got promoted

14 to Chief.

15 Q. Okay. What capacity did Mr. Magnetto fill in in

16 March of 2006?

17 A. I think he was -- at that time I think he was a

18 Captain.

19 Q. All right. I am going to show you a two-page

20 document. I am just going to step out for a

21 minute. So mark this as a two-page electronic

22 mail. It is from Chief Tedesco to Nick Kaiser, and

23 Mitch Paurowski, and then forwarding a message from

24 Anthony Magnetto.




2 identification.)

3 BY MR. KEACH:

4 Q. Are you ready to proceed, sir?

5 A. Yes, sir, I am.

6 Q. Chief Tedesco, have you seen that document before

7 today?

8 A. Yes, sir, since it is addressed to me.

9 Q. And does that refresh your recollection about

10 Officer Carello's conduct?

11 A. No, it does not. I really don't recall the

12 incident.

13 Q. Well, would you agree that that e-mail that you

14 forwarded on to Chief Kaiser reflects allegations

15 against Officer Carello that he had attempted to

16 interfere with a 911 response to the home of his

17 estranged wife?

18 A. Yes, sir.

19 Q. That's a pretty serious thing for a police officer

20 to do; isn't it?


22 answer.

23 THE WITNESS: Yes, sir.

24



1 BY MR. KEACH:

2 Q. Do you know what happened to Officer Carello as a

3 result of attempting to have canceled a 911 call to

4 the home of his estranged wife?

5 A. I don't recall, sir.

6 Q. What discipline, if those charges were sustained,

7 what discipline do you feel Officer Carello

8 deserved as one of your subordinates?


10 answer. Go ahead.

11 THE WITNESS: Oh, well, I certainly would

12 have instituted charges and specifications. I

13 probably would have relieved the officer of

14 duty, taken a look at his record, and then

15 made a decision as to what I felt was

16 appropriate discipline.

17 BY MR. KEACH:

18 Q. You feel that counseling memo would have been an

19 appropriate response to those allegations?

20 A. No, sir.

21 Q. I am just going to show you a document. I am not

22 going to mark it. I am going to show for the

23 purposes of determining whether or not it is your

24 signature.



1 A. No, sir.

2 Q. Do you know whose signature that is?

3 A. Sergeant Officer Carello, and if my memory serves

4 me correctly, I would say that was probably

5 Mitchell Paurowski's signature as his supervisor.

6 Q. Okay. Thank you.

7 MR. KEACH: If you want me to mark it, I

8 will. I am not going to ask him any questions

9 about it on that.

10 MR. BAILEY: No.

11 MR. KEACH: Would you let the record

12 reflect I asked the witness about a memorandum

13 from Mitchell Paurowski to Officer Carello.

14 Seek and you shall find. I am sorry. I

15 should look at the top of the document before

16 I asked you that.

17 BY MR. KEACH:

18 Q. Are you aware of an incident where a Troy police

19 officer shot someone because they had a pistol in a

20 butt pack, dropped the pistol and shot somebody in

21 the arm?

22 A. No, sir.

23 Q. Never heard about that?

24 A. Not my tenure. I only recall one officer related



1 shooting during my career.

2 Q. And what was that about; is that --

3 A. It was during the course of a burglary, response to

4 a burglary. There was a suspect carrying a

5 screwdriver, turned and advanced on the officer,

6 the officer then turned and started to retreat, and

7 the officer shot him in the buttocks.

8 Q. Okay. How about an officer who invited an --

9 indicated to a female driver that he could get rid

10 of her traffic ticket if she went on a date with

11 him, did you ever hear about that?

12 A. No, sir. Not that I can recall anyway.

13 Q. Officer -- didn't you indicate to me one of the

14 officers was Officer Connurs (phonetic)? There was

15 an officer -- go off the record.


17 BY MR. KEACH:

18 Q. Do you have any recollection of Officer Connurs or

19 Sergeant Guido Gabriel being involved in that sort

20 of interaction with a female driver calling her,

21 talking about getting out of a speeding ticket if

22 she would go on a date with Officer Connurs?

23 A. I do have recollections of that, yes.

24 Q. All right. How did you learn about that?



1 A. If I remember correctly, I think Chief Kaiser

2 told me.

3 Q. And what did he tell you?

4 A. I think something to the effect that they were

5 investigating Gabriel for agreeing to fix a ticket

6 for somebody to go on a date. I thought he said

7 with him. Maybe it was Officer Connurs.

8 Q. That's a pretty serious charge too; isn't it?


10 THE WITNESS: My opinion, yes.

11 BY MR. KEACH:

12 Q. If you were faced with that charge and concluded

13 that it was accurate, how would you have addressed

14 it?

15 A. Well, again, any time I decide on a disciplinary

16 issue, I look at the officer's record. But

17 certainly something like that, I would probably

18 look to take either ten-day suspension, or if the

19 officer had a history, probably dismissal.

20 Q. Have you ever seen a letter that United States

21 District Judge Gary Sharpe sent to Chief Kaiser

22 about the jury's -- a jury's opinion of Internal

23 Affairs procedures in the City of Troy?

24 A. Yes, sir.



1 Q. When is the first time you saw that letter?

2 A. Within the last 30 days.

3 Q. Did you ever see it before then?

4 A. No, sir.

5 Q. Did you ever have any knowledge of the fact that it

6 was received?

7 A. I heard that there was a letter from Judge Sharpe.

8 Q. And what did you hear beyond that there was a

9 letter from Judge Sharpe?

10 A. Just something to do with Internal Affairs.

11 Q. All right. Were you told anything more specific

12 than that?

13 A. No, sir.

14 Q. And you would agree with me that it is a pretty

15 unusual situation for a police chief to get a

16 letter from a federal judge?


18 Whatever your experience is in that regard.

19 THE WITNESS: My experiences, yes, sir.

20 BY MR. KEACH:

21 Q. Have you ever seen that before? In your 36 and a

22 half years as a police officer, have you ever seen

23 a federal judge write to a police department and

24 raise an issue about the conduct of the affairs of



1 the police department?


3 ahead and answer. Have you seen that in your

4 36 years?

5 THE WITNESS: No, but I wouldn't.

6 Somebody at the bottom rank certainly wouldn't

7 be privy to that, unless again the rumor mill

8 took it there. But to answer your question, I

9 have not seen it, sir.

10 BY MR. KEACH:

11 Q. Would you agree that that letter indicated concerns

12 that a jury had of the -- concerns that jurors had

13 about the fact that there was no effort made by the

14 Troy Police Department to investigate use of force

15 complaints?

16 A. I don't recall. I remember the letter in general.

17 I don't know if that was the specific gist of it.

18 MR. KEACH: We will mark it as Exhibit

19 Tedesco 9.


21 identification.)

22 BY MR. KEACH:

23 Q. Showing you what we have marked as Tedesco Exhibit

24 9 from Judge Sharpe, Tedesco Exhibit 9, a letter



1 from Judge Sharpe to Chief Kaiser, and where the

2 jurors had heard proof in a case, a serious case

3 involving a man who had been -- that had suffered

4 brain damage as a result of being arrested by the

5 Troy Police Department, it indicated that, quote,

6 "It was their distinct view, however, that there

7 was no real effort by Internal Affairs to

8 investigate those complaints," referring to use of

9 force complaints. Do you see that?

10 A. Yes, sir.

11 Q. All right. And do you know what action Chief

12 Kaiser took in response to getting that letter from

13 now chief judge of the Northern District of

14 New York indicating the juror's perceptions of Troy

15 PD policies?

16 A. I am not aware of any action that he took, sir.

17 Q. Was there any change in -- was there any change in

18 the early 2005 about who was in charge of Internal

19 Affairs?

20 A. No. That stayed directly in the Chief of Police.

21 Q. When you say it stayed directly in the Chief of

22 Police, what do you mean?

23 A. That was the chain of command. The Internal

24 Affairs Captain rather than reporting to an



1 Assistant Chief, reported directly to him, to the

2 Chief.

3 Q. Was there any change in who was in charge of

4 Internal Affairs, meaning the Internal Affairs

5 Captain at that time?

6 A. I am assuming at some point in time there was a

7 change, because every time someone gets promoted to

8 the rank of Captain, what is called a rebid, there

9 was a point in time where the Internal Affairs

10 Captain had to stay in their bid for a three-year

11 period. To answer your question, I am really not

12 sure. I would have to look at the former bids.

13 Q. But to you as you sit here today being the

14 Assistant Chief at that time, you are not aware of

15 the Chief taking any action to address the concerns

16 raised in Judge Sharpe's letter; correct?

17 A. Yes, sir.

18 Q. Meaning I am correct, you are not aware of any

19 action taken?

20 A. I agree with you.

21 Q. How would you have responded if you had received

22 this letter from Judge Sharpe in your current

23 position as Chief?




1 ahead.

2 THE WITNESS: I would of initiated and

3 continued on in my argument that this is a

4 position that does not lend itself to a

5 seniority bid.

6 BY MR. KEACH:

7 Q. Anything else?

8 A. I probably would have expanded the position, if I

9 could have, to include a sergeant as a part-time

10 position for when you do have an extensive

11 investigation, someone to assist.

12 Q. What resources does the Internal Affairs Captain

13 have? What resources did they have in June of 2010

14 at the time of the incident in question here?

15 A. What do you mean by "resources"?

16 Q. Well, I didn't phrase it very well. I agree with

17 you, sir.

18 A. Okay.

19 Q. Do they have any subordinates as the Internal

20 Affairs Captain?

21 A. Not directly unless one is assigned by myself or

22 the Deputy Chief.

23 Q. And under what circumstances would someone be

24 assigned by either yourself or the Deputy Chief?



1 A. Depends on the breadth of the investigation. We

2 will also assign someone to assist when we are in

3 the hiring process, do background investigations,

4 which are quite extensive.

5 Q. Beyond background investigations, if there is a

6 major investigation, a large investigation. All

7 right? And but other than that it is a solitary

8 job, it is just that person being Internal Affairs

9 Captain?

10 A. Yes. That is one of the things that I feel does

11 not lend itself to a seniority bid.

12 Q. Does, and I understand you weren't the Chief at the

13 time this letter was sent to you, but does it upset

14 you that citizens have that opinion about the Troy

15 Police Department's Internal Affairs Division?

16 A. I would rather they viewed it as thorough, yes,

17 sir.

18 Q. Have members of the public ever said to you in

19 words or substance that the Internal Affairs Bureau

20 doesn't do a good job of policing Troy police

21 officers?



24 THE WITNESS: That's a common complaint



1 that you get from complainants. You know, we

2 have a lady who regularly comes to the City

3 Council meetings, and during the public

4 address system always raises that issue.

5 BY MR. KEACH:

6 Q. What does she say in words or substance about the

7 Internal Affairs Division?

8 A. People file complaints, nothing gets done, et

9 cetera, et cetera, but she has been asked numerous

10 times to cite examples, and she has not.

11 Q. Are you aware of any instances prior to June

12 10th -- June 25th of 2010, where Internal Affairs

13 complaints were lodged and no action was taken by

14 the Troy police?

15 A. Am I aware, sir? No.

16 Q. It has been represented to me that the number of

17 complaints to Internal Affairs has dropped

18 precipitously from the past several years --

19 A. Yes, sir.

20 Q. -- in 2009 and 2010, do you know why that is the

21 case?

22 A. Yes, I do. I think I am part of the reasons. One

23 of the first things I did was to address the use of

24 excessive force with the department, myself, and



1 then Chief Manwell, we addressed it at roll calls,

2 we addressed that, we addressed issues of verbal

3 abuse, things that we felt were demeaning to the

4 agency, not that they were verified, but things

5 that we had heard. And also we had had a street

6 crime unit that generated -- that was a very

7 aggressive patrol unit that had generated a lot of

8 complaints, and that was disbanded.

9 Q. What did you do when you became Chief do address

10 use of force?

11 A. We went to the roll calls, and at staff meetings we

12 said there would be we certainly understand what

13 takes place in the streets and things like that,

14 but then any exercise of the use of physical force

15 had to be, A, legal, and B, reasonable.

16 Q. Was that words or substance you letting your

17 subordinate police officers know there is a new

18 sheriff in town, things are going to be done

19 differently?

20 A. Yes. The sheriff would support them; however, I

21 will support them only so far, you have to be

22 correct in what you are doing.

23 Q. Do you feel that there have been incorrect

24 applications of the use of force before you became



1 Chief?

2 A. I can't -- I can't pinpoint any. These were things

3 that were, you know, that we had heard, so that's

4 why I addressed them.

5 Q. When you say you had heard, what do you mean?

6 A. Well, again, like this lady at the City Council

7 meetings, things of that nature. You know, there

8 were issues with the black community not wanting to

9 file complaints. I took a lot of aggressive

10 actions to rectify that, so people would have

11 confidence in the department.

12 Q. Why did the black community not want to file

13 complaints?

14 A. Just the reporting procedure had been that you have

15 to come into the station to file a complaint. I

16 don't think that was a good procedure, only because

17 if you and I got into an altercation, certainly you

18 don't want to come in and face the cop that's

19 there. So I opened up an alternate reporting site.

20 Sometimes cooler heads prevail, if you will. I

21 think things like that engender confidence in our

22 Internal Affairs Department as a whole.

23 Q. So what else had you heard that caused you to say

24 to your subordinate police officers you became the



1 Chief of Police, there is a new sheriff in town,

2 things are going to be different?

3 A. I felt that the amount of complaints regarding

4 verbal issues, rudeness and things like that, was

5 far above what I was going to tolerate. Again, to

6 be fair, this is the baseline of conduct.

7 Q. You stood up in front of your subordinate officers

8 and you told them that?

9 A. Absolutely.

10 Q. Stated in words or substance, I am not going to

11 tolerate the verbal abuse of the public by our

12 police officers?

13 A. Sum and substance what I said.

14 Q. Did you also say in sum and substance, I am not

15 going to tolerate the excessive use of force by

16 police officers?

17 A. Yes. I believe what I told them if you need to

18 defend yourself, if one punch does it, that's all

19 you get.

20 Q. Are you aware that Mr. Foley was hit by your

21 subordinate police officers, four of them, at least

22 15 times?


24 answer that.



1 THE WITNESS: This is the first I am

2 hearing of that, so no.

3 BY MR. KEACH:

4 Q. Are you aware that Mr. Foley was subject to what's

5 called a knee strike by Officer Castle at least

6 four times?

7 A. Yes, sir.

8 Q. Do you feel that was appropriate?

9 A. Yes. That's a training technique, submission

10 technique that is taught in the academy. Yes, sir.

11 Q. Would it have been appropriate if Mr. Foley wasn't

12 resisting?

13 A. Of course not.

14 Q. And as part of the investigation of this case, the

15 only individuals that they talked to -- well, never

16 mind. We have gone over that.

17 When you took over as Troy Police Chief, did

18 you do anything else to address the issue of

19 Internal Affairs with your subordinates?

20 A. We made several modifications to the general

21 orders, specifically outlining alternative

22 reporting procedures, putting in the Deputy Chief

23 as an intermediary step in the investigations

24 process, all complaints were to now come directly



1 to me and I decide what level of investigation.

2 Q. That didn't happen before?

3 A. The old system, no, sir, it did not.

4 Q. What happened under the old system?

5 A. Usually, if I remember correctly, they went to

6 Internal Affairs. They would look at them and

7 bring them to the Chief. But again, I wasn't

8 involved with them that much. I am not sure.

9 Q. How was Mr. Foley's complaint handled?

10 A. I don't know if I changed the general order yet,

11 because I had just gotten in. Obviously, being

12 brought to my attention, I probably would have gave

13 it to the Deputy Chief.

14 Oh, and I also changed the -- I changed the

15 complaint form itself, because I did not want

16 statements being taken from anybody other than the

17 Internal Affairs Captain. Again, I feel that's a

18 skill set that not every officer has.

19 Q. Were there instances in the past where individuals

20 would come to the Troy Police Department to make a

21 complaint and would be discouraged by an officer

22 who was on duty and was delegated to take the

23 person's complaint?

24 A. Yes, sir.



1 Q. How many times did that occur?

2 A. Common.

3 Q. And were you aware of that before you became Chief

4 of Police?

5 A. Yes, sir.

6 Q. And what was done to address that situation, I mean

7 before you became the Chief? I understand what you

8 did afterward.

9 A. A general order was issued modifying that when

10 someone came into the station to file a complaint,

11 that it went from calling the commanding officer on

12 duty in to just an officer taking the complaint.

13 Q. So initially it was you call the commanding officer

14 to come in, the officer takes the complaint?

15 A. Yes.

16 Q. And then Chief Kaiser changed that to allow any

17 officer to take the complaint?

18 A. He did both changes to it, yes, sir.

19 Q. I just wanted was -- I am confused. Did it start

20 off when Chief Kaiser was the chief that a

21 commanding officer had to take the complaint?

22 A. I think, I am going back a ways here, I think what

23 it used to be if you came in to file a complaint,

24 you got the name and number of the Internal Affairs



1 Captain, and you hook up with him at some point.

2 Then I think when we started getting complaints,

3 then it went to the commanding officer. If you

4 came in for a complaint against John Tedesco, you

5 had to see my commanding officer. I think that is

6 kind of where things kind of got the runaround; he

7 is not on duty today. You know, various issues

8 came in with that. And I think Chief Kaiser

9 changed that to be when somebody came in, the rank

10 was out of it and you take the report.

11 Q. And so when that latter change was made to allow

12 anybody to take the report, there were instances

13 where those officers would discourage people from

14 filing an Internal Affairs complaint?

15 A. There were less complaints, but still complaints of

16 that nature.

17 Q. Were there complaints when it was the commanding

18 officer in charge as well?

19 A. Yes, sir.

20 Q. And how would you learn about those complaints?

21 A. When I became Chief or --

22 Q. Well, I mean, I don't know if it was when you

23 became Chief or when you were Assistant Chief, when

24 did you first learn that that was a problem?



1 A. That had been while I was an Assistant Chief. I

2 was aware of it especially when I was a patrol

3 captain. Because if someone came in and filed a

4 complaint against the cops that worked for me,

5 obviously they would call me in. Does that answer

6 your question? Was there a second part to the

7 question?

8 Q. No. You answered. You learned about that problem

9 when you were a patrol captain?

10 A. Yes.

11 Q. And so you would have been a patrol captain 2003?

12 A. Patrol captain from on the afternoon shift from

13 1994 till 1998.

14 Q. So you are aware back in the '90s that that was a

15 problem?

16 A. It was an issue.

17 Q. And it continued to be an issue up until you became

18 the Chief?

19 A. Not as prevalent. Some of the changes that Chief

20 Kaiser put in certainly lessened the number of

21 complaints on it.

22 Q. Chief Kaiser is retired now?

23 A. Yes, sir.

24 Q. Is he still in Troy, or is he working somewhere



1 else?

2 A. I believe he teaches part time in Hudson Valley. I

3 know he has a home in Florida.

4 MR. KEACH: Off the record.


6 BY MR. KEACH:

7 Q. Are you aware that back in 2006 Sergeant Mary

8 O'Neil was getting, well, Mary K. O'Neil was

9 getting harassing phone calls on the job?

10 A. I don't recall that.

11 Q. Okay. I will show you. This is a memo from

12 yourself --

13 A. Okay.

14 Q. -- to Chief Kaiser, and I am not criticizing you in

15 asking you about this, I am asking if you have --

16 A. Sure.

17 Q. I understand there is lot that goes on.

18 MR. KEACH: We will mark this as Tedesco

19 Exhibit 10. It is a memo dated November 16th,

20 2006 from Assistant Chief Tedesco to Chief

21 Kaiser.


23 identification.)

24



1 BY MR. KEACH:

2 Q. Are you ready to proceed, sir?

3 A. Sure.

4 Q. Do you remember that memo now that you have had a

5 chance to review it?

6 A. Yes, sir, I do have a recollection.

7 Q. Was that incident with Mary K. O'Neil getting

8 harassing phone calls, was that after the incident

9 with Captain Bouchard and the issue with his

10 testimony and her testimony during a criminal case?

11 A. No. I think this was before. I think the Dugray

12 (phonetic) homicide was after that, but I could be

13 wrong on that.

14 Q. I could be too.

15 A. Yeah. I am not sure.

16 Q. What date did you have on that, sir?

17 A. I have November 16, 2006.

18 Q. I am not going to mark this, but I have a letter

19 here to the Mayor about the discipline to be

20 imposed against Bouchard, Centoni and O'Neil on

21 December 12th, 2006, so --

22 A. Okay. It would have been during that time then.

23 Okay.

24 Q. I am not being critical. I am just trying to



1 figure it out too.

2 A. I thought Dugray was after.

3 Q. I didn't live it like you did, so --

4 Do you think Mary K. O'Neil was getting

5 harassed because of this incident with the homicide

6 case?

7 A. Yes, sir.

8 Q. And that concerned you, didn't it, that's why you

9 wrote to Chief Kaiser?

10 A. Yes, sir.

11 Q. It is my understanding that Mary K. O'Neil left the

12 department shortly after these incidents; are you

13 aware of that?

14 A. Yes, sir. She was suspended along with the other

15 officers involved, and as part of her settlement,

16 she retired.

17 Q. She was eligible to retire?

18 A. Yes, sir.

19 Q. Is she still living in Troy?

20 A. To the best of my knowledge, I believe she works at

21 RPI. Yes, sir.

22 Q. Doing what, security officer?

23 A. Yes.

24 Q. Now, you and I agree that her being harassed on the



1 job as a result of her, you know, her testimony in

2 this case, is something that is a serious problem?

3 A. Yes, sir.

4 Q. And no police officer deserves to be harassed on

5 the job by their fellow officers; is that fair to

6 say?

7 A. Yes, sir.

8 Q. Do you feel it was appropriate when she left the

9 department to not investigate the source of those

10 calls anymore?

11 A. I am not sure what the outcome of this was, to be

12 honest with you. I think I would have continued

13 the investigation.

14 Q. All right. I will show you what we will mark as

15 Tedesco Exhibit 11.


17 identification.)

18 BY MR. KEACH:

19 Q. And you agree with me, I understand you didn't

20 write that document, I also understand -- have you

21 seen that before today?

22 A. If I did, I don't recall. And I am not copied on

23 it, so probably not.

24 Q. Do you have access as the Chief to Internal Affairs



1 files if you choose to access them?


3 Q. Did Chief Kaiser have that access as well?

4 A. Yes, sir.

5 Q. If you want to walk in and look at an Internal

6 Affairs file from 2000, you can walk in and do it

7 as the Chief; is that correct?

8 A. Yes, sir.

9 Q. Do you understand what the term "exceptional

10 clearance" is?

11 A. "Exceptional clearance" is one of the dispositions

12 that we use in Internal Affairs cases, that the

13 case is clear, it is closed by something other than

14 a sustained, exonerated, something of that nature.

15 Like a peculiar circumstance, in this case, she

16 retired.

17 Q. But you don't agree that that case should have been

18 closed; correct?

19 A. On the face of this, I would like -- I would like

20 to see the report on the work that was done to that

21 behind that to see how the investigation

22 progressed. If they hit a stonewall, I guess it

23 had to be, but I don't think I would have closed it

24 just because she retired.



1 Q. All right and these calls, the calls that were made

2 to Sergeant O'Neil, do you recall if they had

3 sexual overtones to them, or do you recall if they

4 had sexual overtones?

5 A. I don't, no, sir.

6 Q. Do you recall if they had -- if they used terms

7 that were derogatory towards women?

8 A. I don't remember, sir.

9 Q. Cunt, bitch, lesbian, those were the nature of the

10 calls she was receiving?

11 A. I don't recall.

12 Q. But let's assume for the moment that that's what

13 Sergeant O'Neil reported to people in the Troy

14 Police Department, that the calls she was receiving

15 when she was working the front desk were cunt,

16 bitch, lesbian, filthy names, and hang ups, that

17 would potentially be sexual harassment; wouldn't

18 it?

19 A. Absolutely.

20 Q. Which would make it even more important to find out

21 who was responsible for it?

22 A. Yes, sir.

23 Q. All right. I am wrapping up. Okay?

24 A. Uh-huh.



1 Q. Have you told me everything that supports your

2 decision when you took over as Chief to address

3 your subordinates about excessive force?


5 ahead and answer.

6 MR. KEACH: I will phrase it differently.

7 I am going to phrase it in a different way.

8 BY MR. KEACH:

9 Q. Tell me, and I understand you already told me, I

10 want to make sure I am thorough here, tell me

11 everything that supported your decision to address

12 your subordinate police officers about the use of

13 force against arrestees when you became the Chief

14 of Police in the City of Troy?

15 MR. BAILEY: I do object to the form, but

16 go ahead and answer.

17 THE WITNESS: We have a very young

18 department, especially in our patrol force.

19 We had a lot of officers being injured. And

20 that is on the physical side. And then with

21 my former superior, Mayor Harry Tutunjian,

22 when I interviewed for Chief and discussions

23 with him, he brought forth that he received a

24 lot of instances about officers being verbal



1 and inappropriate. So while we wanted to send

2 a message to the officers that you need to

3 defend yourself, we also needed to define, if

4 you will, or delineate what is the appropriate

5 conduct. We don't want you to get hurt, but

6 you can't go out and violate people's rights

7 either. So that was one of the catalyst, if

8 you will, that prompted myself and Chief

9 Magnetto to address the roll call. There was

10 that. And, you know, and I think in fairness

11 when any new boss comes in, most of these cops

12 I don't know, I never worked with them, and I

13 didn't have them as a patrol captain or

14 anything like that, so those were the factors.

15 BY MR. KEACH:

16 Q. So Mayor Tutunjian had complained to you in the

17 past about use of force issues?

18 A. Not so much use of force. More verbal abuse

19 issues. You know, people call City Hall, hey,

20 Tedesco gave me a ticket today, he was rude.

21 Things of that nature.

22 Q. Did he communicate those things to your department

23 in writing? For instance, if a civilian calls in

24 and says, "Hey, Officer Smith," and I don't know,



1 there is probably an Officer Smith on your

2 department, I am not referring to anybody in

3 particular, referring just in general.

4 A. I understand, yes.

5 Q. Officer Smith was rude to me when, you know, and

6 swore at me when I was jaywalking, or something?

7 A. What they may do, if someone calls in and they

8 don't want to initiate a formal complaint, they

9 want to send an e-mail, I might get a call on the

10 phone from the Mayor saying I got a citizen at

11 Hoosick and 8th and got stopped by a cop car this

12 morning and rude, stuff like that.

13 Q. Do you know if any effort was made to look through

14 the department's e-mail to respond to my request

15 for information about Mr. Foley's case?

16 A. I believe so. We worked with Mr. Firth on your

17 request. I assigned a Captain to that. Yes, sir.

18 Q. I have a memo here -- well, let me step back. Is

19 there anything else? What were -- have you told me

20 everything about why you made changes to the city's

21 Internal Affairs policies when you took over as

22 Chief?

23 A. Yes. I think, yes, I have.

24 Q. I have a memo here that talked about how there



1 needs to be written permission from the Mayor's

2 office before investigating an Internal Affairs

3 complaint. Do you know what that is about? Like

4 is that a policy of the Troy Police Department that

5 the Mayor had to approve of Internal Affairs

6 investigations?

7 A. Yes, sir. It was. It was lifted, and I now have

8 to report to the Corporation Counsel before the

9 Internal Affairs commences.

10 Q. Why wouldn't you have the discretion to do that on

11 your own as Police Chief?

12 A. Because we work at the Mayor's discretion as our

13 superior.

14 Q. Have there been instances in the past where the

15 Troy Police wanted to initiate an Internal Affairs

16 investigation, but the Mayor stopped it and

17 wouldn't give permission?

18 A. Again, since I have been Chief, I have never had

19 that experience with Mayor Tutunjian. I am working

20 on a couple issues with our present Mayor, but I

21 don't know about what Chief Kaiser would do.

22 Q. But I just want to be clear that the Mayor of Troy

23 had the discretionary authority to direct the

24 Police Chief not to investigate Internal Affairs



1 complaints if he chose to do so?

2 A. Yes, sir. By charter, the Mayor in the absence of

3 a public safety or police commissioner is the

4 acting, so technically in addition to being Mayor,

5 they are also our boss in that regard.

6 MR. KEACH: Just go off a second.


8 BY MR. KEACH:

9 Q. Has there been any interference from the Mayor's

10 office in Mr. Foley's case?

11 A. No, sir.

12 Q. How about from the Corporation Counsel? Without

13 telling me the specifics of what the Corporation

14 Counsel had to say, has there been any interference

15 from the Corporation Counsel in Mr. Foley's case?

16 A. No, sir. The only contact I have had with him

17 about any request or anything that you sent to me,

18 John Bailey, Mr. Bailey's firm has sent to me, I

19 obviously would forward to him.

20 Q. How about at the beginning --

21 A. No.

22 Q. -- at the beginning of this winter, you know there

23 was a complaint filed about what happened with

24 Mr. Foley?



1 A. No, sir.

2 Q. Has there ever been any direction from, and this

3 would be from June 25th, 2010 and before, was there

4 ever any direction from anyone at City Hall, be it

5 the Corporation Counsel, Assistant Corporation

6 Counsel, Mayor, Assistant Mayor, not to investigate

7 a complaint brought to Internal Affairs for concern

8 over litigation?

9 A. No. No, sir.

10 Q. What was the problem with the street crime unit?

11 A. Well, I guess that depends how you view what a

12 problem is. They were certainly successful in

13 carrying out the mission they were designed for,

14 and that was to interrupt a series of shootings

15 emanating from the drug trade up in the north

16 central area of the city, and they did have quite a

17 bit of success, made a lot of arrests and certainly

18 quelled the issue. There got to be a lot of

19 jealousy factors because they started running into

20 the turf of the drug investigators, if you will,

21 and some of the tactics that they used some

22 community members principally from the black

23 community, felt were overbearing.

24 Q. Was Officer Pollay on that unit?



1 A. It was rebid every 30 days. I don't believe so.

2 Q. How about Officer Castle?

3 A. Not that I recall.

4 Q. Did Mr. Foley's arrest -- Mr. Foley was arrested at

5 CD Burners. Ever hear of CD Burners?

6 A. Yes, absolutely.

7 Q. What do you know about CD Burners?

8 A. CD Burners had a history of being very disruptive

9 in the neighborhood. We had several instances

10 where there was shots fired, firearms were

11 discharged within the premises. It was a notorious

12 bar.

13 Q. Was that a bar that was frequented by members of

14 the black community?

15 A. There was some hip-hop, things of that nature.

16 Some minority members, yes, sir.

17 Q. Was the street crime unit ever involved in going to

18 CD Burners?

19 A. No. They principally stayed in the north end of

20 the city. There may have been occasions where they

21 responded to something there, but that certainly

22 was not one of their target locations, if you will.

23 Q. Are you still receiving complaints from the public

24 about the Internal Affairs Unit?



1 A. No. Things seem to be going very well. I met with

2 members of the black clergy last week. I am

3 instituting a receipting process for the

4 complaints.

5 Q. What's a receipting process? You mean like a

6 receipt you get at a store?

7 A. Right. You come in and file a complaint against

8 John Tedesco.

9 Q. You are given a receipt --

10 A. They are concerned.

11 Q. -- to show you filed a complaint?

12 A. And trying to align that with the New York Civil

13 Rights laws so the officers' right aren't violated.

14 I think we reached a resolution on that.

15 Q. The reason you put the receipt process in place so

16 that if someone came in and made a complaint

17 against a Troy police officer, that they would know

18 that it was received and was going to be processed

19 accordingly?

20 A. Absolutely.

21 Q. And there was concern raised in the black community

22 to you before that that in fact people would come

23 in and made complaints and they wouldn't be

24 properly acted on?



1 A. Yes.

2 Q. Did you find that to be the case?

3 A. No, sir.

4 Q. Even before you were chief, did you know whether or

5 not that happened?

6 A. Yes. Through the rumor mill, yes.

7 Q. Meaning someone would come in and complain, and

8 then the officer in command would throw it in the

9 garbage?

10 A. That may have been an allegation, but I don't think

11 that has ever been sustained.

12 Q. But that was floating around that that happened?

13 A. On occasion, yes, sir.

14 Q. All right. It is 4:20. I promised you would be

15 out of here at 4:30, so I am going to use the

16 bathroom, collect my thoughts, and wrap up at

17 four-thirty sharp and get you out of here. I am

18 not sure I have anymore questions. I want an

19 opportunity to clear my head.

20 A. Sure. Absolutely.

21 (A short recess was taken.)

22 MR. KEACH: I have concluded my

23 examination absent any follow-up from

24 Mr. Bailey. Thank you for your time, sir.



1 THE WITNESS: Thank you.

2 MR. BAILEY: Thank you very much. The

3 exhibits are being copied. We will give you

4 the originals, and maybe you and I can take a

5 second.

6 MR. KEACH: Sure. Off the record.

7 (The examination of John F. Tedesco was

8 concluded at 4:26 p.m.)

9

10

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12

13

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99

1 I N D E X O F E X H I B I T S

2 TEDESCO EXHIBITS DESCRIPTION PAGE

3

4 1 Memo from J. Tedesco, 12/12/07 10

5 2 Classification of Complaint, Troy Police Policy 22

6 3 Memo from Captain DeWolf to Dep. Chief McAvoy 24

7 4 Document re: OC spray 35

8 5 Document from Chief Kaiser to Captain Owens 37

9 6 Memo from Chief Kaiser to J. Tedesco, 11/22/06 44

10 7 Charges and Specifications, 5 page document 49

11 8 2 page e-mail from Chief Tedesco to N. Kaiser 62

12 9 Letter from Judge Sharpe to Chief Kaiser 69

13 10 Memo dated 11/16/06 to Chief Kaiser 83

14 11 (Document not described) 86

15

16

17

18

19

20

21

22

23

24


100

1

2 STATE OF NEW YORK )

3 ss.:

4 COUNTY OF )

5

6 I have (heard) read the foregoing record

7 of my testimony taken at the time and place noted

8 in the heading hereof and I do hereby acknowledge

9 it to be a true and correct transcript of the same.

10

11

12 ______________________________

13 JOHN F. TEDESCO

14

15 Sworn to before me this _________

16 day of_____________________, 2012.

17

18 ___________________________________

19 NOTARY PUBLIC

20

21

22

23

24


101

1

2 C E R T I F I C A T I O N

3

4 I, PEGGY ALEXY, Shorthand Reporter and

5 Notary Public in and for the State of New York, do

6 hereby CERTIFY that the foregoing record taken by

7 me at the time and place noted in the heading

8 hereof is a true and accurate transcript of the

9 same, to the best of my ability and belief.

10

11

12

13

14 _____________________________

15 PEGGY ALEXY

16

17 DATED: August 22, 2012

18

19

20

21

22

23

24

Foley v.Pollay, et al

John TedescoAugust 14, 2012

A

able (1) 57:15above (3) 34:18;50:13;77:5abruptly (1) 32:23absence (1) 93:2absent (1) 97:23Absolutely (9) 31:12;36:3,22; 55:20;77:9;88:19; 95:6;96:20;97:20abuse (3) 75:3;77:11;90:18Academy (4) 29:22;30:5;31:9; 78:10acceptable (1) 40:21access (3) 86:24;87:1,3accommodate (1) 5:3according (2) 37:10;38:23accordingly (1) 96:19accurate (1) 67:13accused (2) 35:5,22act (2) 34:6,6acted (3) 29:21;57:8;96:24acting (1) 93:4action (9) 6:14;37:9;47:7; 58:19;70:11,16; 71:15,19;74:13actions (2) 52:23;76:10actually (3) 31:1;60:1;62:13added (1) 40:1addition (1) 93:4additional (2) 47:16,23address (10) 18:14;71:15;74:4, 23;75:9;78:18;80:6; 89:2,11;90:9addressed (6) 63:8;67:13;75:1,2, 2;76:4

administer (1) 3:11administrative (4) 14:22;15:1;18:15; 45:2admonished (1) 48:18advanced (1) 66:5advice (2) 9:21;12:1Affairs (75) 8:9,14,17,19;9:1; 10:23;11:11;12:3; 13:14,22;14:21;15:2, 6;16:17;19:7,15,18; 20:1,18,20;23:6,18; 24:4;25:16,18;30:23; 32:3,6,17;33:5,8,10, 22;43:13,18;53:12, 23;54:6,10;57:14; 58:7;67:23;68:10,24; 70:7,19,24;71:4,4,9; 72:12,20;73:8,15,19; 74:7,12,17;76:22; 78:19;79:6,17;80:24; 81:14;86:24;87:6,12; 91:21;92:2,5,9,15,24; 94:7;95:24affect (1) 17:16afford (1) 19:12afternoon (1) 82:12afterward (1) 80:8Again (15) 11:12;20:5;21:10; 27:21;28:20;29:5; 33:1;42:24;67:15; 69:7;76:6;77:5;79:7, 17;92:18against (15) 4:9;6:14;24:20,24; 28:23;35:1;47:7; 48:4;63:15;81:4; 82:4;84:20;89:13; 96:7,17agency (1) 75:4aggressive (2) 75:7;76:9ago (2) 53:16,19agree (22) 19:3;31:9;33:19; 37:19;39:18,21;45:5; 48:13,15;49:15,20; 50:1;52:2;59:11; 63:13;68:14;69:11; 71:20;72:16;85:24; 86:19;87:17

agreed (2) 3:3;49:13agreeing (1) 67:5agreement (4) 15:20;16:15,24; 20:6ahead (11) 26:24;32:10,21; 41:2;56:5;64:10; 69:3;72:1;73:23; 89:5,16Albany (1) 62:5Alexy (1) 3:7align (1) 96:12aligned (1) 19:20allegation (4) 6:19;7:7;41:23; 97:10allegations (2) 63:14;64:19alleges (1) 24:19allow (4) 4:16;52:5;80:16; 81:11along (1) 85:14altercation (2) 61:9;76:17alternate (1) 76:19alternative (1) 78:21although (1) 18:9always (1) 74:4amount (1) 77:3Amsterdam (1) 4:6analysis (2) 45:3;54:19Anderson (1) 27:12annual (1) 47:18answered (1) 82:8Anthony (2) 62:8,24anymore (2) 86:10;97:18apart (2) 31:2;53:8apologize (1) 10:14applications (1)

75:24appoint (1) 19:6appreciate (2) 18:16;23:12approach (2) 19:3;56:12appropriate (19) 21:18;27:17;28:22; 32:16;36:2,4,21; 37:11;38:4;46:15; 51:2,7;57:9;64:16, 19;78:8,11;86:8;90:4approve (3) 37:22,24;92:5April (1) 8:6area (2) 23:11;94:16argue (1) 20:7argument (2) 50:20;72:3arm (1) 65:21around (2) 55:19;97:12arrest (3) 30:14;60:19;95:4arrested (6) 27:14;60:2,20; 61:1;70:4;95:4arrestees (1) 89:13arrests (2) 55:5;94:17aside (1) 47:23assessment (1) 39:21assign (1) 73:2assigned (3) 72:21,24;91:17assignment (2) 44:19;46:12assist (3) 30:1;72:11;73:2Assistant (13) 7:8;8:2;33:6; 45:24;54:8;62:9; 71:1,14;81:23;82:1; 83:20;94:5,6association (2) 43:17,18assume (5) 6:4;27:16;31:7,20; 88:12Assuming (2) 28:21;71:6attached (1) 24:5attempted (1)

63:15attempting (2) 38:7;64:3attend (1) 47:23attention (3) 5:8;34:11;79:12Attorney (1) 4:5attorneys (1) 3:4audit (1) 57:3August (2) 55:8;59:8authority (1) 92:23authorized (1) 3:11automatically (2) 31:24;32:17available (2) 33:2;40:5average (1) 13:4avoid (1) 4:18aware (36) 9:11;16:3;17:22; 24:19,22;26:2;30:5; 32:4,15;33:17;35:4; 42:6;43:12,16,19,20; 46:7;47:15;52:7,19; 59:5;60:18;61:23; 65:18;70:16;71:14, 18;74:11,15;77:20; 78:4;80:3;82:2,14; 83:7;85:13

B

babies (1) 50:22back (28) 5:22;6:12,18;14:7; 16:6;23:14;25:5; 30:19;34:13;35:7,23; 36:6,14,17;37:2;38:1, 6;39:23;40:16;42:23; 44:5;54:23;57:6; 60:2;80:22;82:14; 83:7;91:18background (2) 73:3,5bad (1) 30:13Bailey (48) 7:18,19,21;10:11; 15:12,15;16:5;17:3,9, 21;18:10,17;19:2; 20:5,15;21:10;22:5; 26:23;27:19;32:9,20; 35:12;40:10,18,23;

Min-U-Script® AMF Reporting/Critcher Video(518) 482-9606

(1) able - Bailey



44:14;50:10;51:8; 52:14;56:4,10;57:19; 58:14;61:18;63:21; 64:9;65:10;67:9; 68:17;69:2;71:24; 73:22;77:23;89:4,15; 93:18;97:24;98:2Bailey's (1) 93:18bar (2) 95:12,13bargaining (8) 15:20;16:4,15,24; 17:6,10,17;18:9based (6) 9:13;17:1;21:21; 23:1;39:17;56:17baseline (1) 77:6bathroom (2) 5:1;97:16became (18) 8:6;19:14,17,21; 31:22;32:11;43:18; 46:1,3;75:9,24; 76:24;80:3,7;81:21, 23;82:17;89:13become (1) 8:5becoming (3) 8:7;32:3;58:8beginning (2) 93:20,22behavior (2) 45:11,19behind (1) 87:21below (1) 34:19beside (1) 54:3besides (1) 53:20Best (7) 6:10;13:24;22:22; 25:1;41:2;62:4;85:20better (5) 15:24;16:2;42:18; 53:18;57:15beyond (3) 10:24;68:8;73:5bid (7) 15:6;16:16;19:8, 12;71:10;72:5;73:11bids (1) 71:12big (1) 13:19Bill (1) 35:13bit (1) 94:17bitch (2)

88:9,16bite (1) 30:19black (6) 76:8,12;94:22; 95:14;96:2,21blood (1) 41:5boasted (4) 12:17,21;13:6,9Bob (3) 4:5;10:20;15:19borne (1) 41:5boss (2) 90:11;93:5both (2) 28:13;80:18bottom (3) 36:16;47:2;69:6Bouchard (7) 52:8,10,20;53:8, 21;84:9,20bragging (1) 57:12brain (1) 70:4breadth (1) 73:1break (6) 4:24;5:4,9,11; 36:18;38:7brief (3) 7:17,19;61:3bring (1) 79:7brought (4) 48:4;79:12;89:23; 94:7bruised (1) 25:1Bucanan (2) 8:21,22budget (1) 54:10budgeting (1) 45:3build (2) 15:23;16:2bunch (1) 48:23Bureau (2) 57:14;73:19burglary (2) 66:3,4Burners (5) 95:5,5,7,8,18butt (1) 65:20buttocks (1) 66:7

C

call (17) 8:17;9:16;14:22; 23:7;29:8,9;40:24; 45:1;49:12;61:11; 62:1;64:3;80:13; 82:5;90:9,19;91:9called (5) 42:5;48:12;61:9; 71:8;78:5calling (2) 66:20;80:11calls (12) 15:20;75:1,11; 83:9;84:8;86:10; 88:1,1,10,14;90:23; 91:7came (9) 34:11;57:7;80:10, 23;81:4,8,9;82:3; 96:16campaign (1) 12:16can (31) 5:21,22,22,23;6:2, 11;8:13;21:5;27:19; 29:5,7;30:10,19;31:9, 19;32:21;35:12;37:5, 6;41:2;50:10;51:8; 52:14;57:19;60:8; 63:21;64:9;66:12; 77:23;87:6;98:4canceled (1) 64:3capacity (3) 7:6;58:6;62:15Captain (59) 8:21;13:7,12,12,13, 14,15,15,22;14:2,2,4, 5,10,11,14;15:3,5; 21:14,21;24:2;25:16, 19,23;26:3;27:7; 28:12;31:1,5,7; 38:22;42:10;48:2; 50:19;52:7,10,20; 53:8,8;56:22;57:6,7; 62:18;70:24;71:5,8, 10;72:12,20;73:9; 79:17;81:1;82:3,9,11, 12;84:9;90:13;91:17Captains (6) 12:11,19;13:2; 54:19;55:1;57:14caption (1) 10:4car (4) 36:15,20;38:8; 91:11career (2) 34:1;66:1careers (1)

14:9Carello (23) 43:21,23,24;44:16; 45:6,14,22;46:10,10; 49:17,22;50:2,17; 51:4,17;61:13,21,23; 63:15;64:2,7;65:3,13Carello's (5) 44:7,19;46:16; 50:8;63:10carried (1) 14:8carrying (2) 66:4;94:13cars (1) 36:10case (35) 6:12,15,18,22,22; 7:2,4,11,12;10:4; 13:17;17:15;18:11; 21:6,12;24:12;28:19; 35:4;41:8;52:21; 54:20;70:2,2;74:21; 78:14;84:10;85:6; 86:2;87:13,15,17; 91:15;93:10,15;97:2cases (5) 6:10,11,14;21:2; 87:12Castle (3) 27:11;78:5;95:2catalyst (1) 90:7category (1) 34:8caught (3) 59:6,23;60:5caused (3) 24:23;58:18;76:23caution (1) 38:15CD (5) 95:5,5,7,8,18center (2) 61:10,24Centoni (5) 53:4,5,9,21;84:20central (1) 94:16certain (3) 18:6;19:11;27:8certainly (22) 19:11;20:12;29:2; 31:8,19;32:23;37:5,6, 19;40:6;41:6;49:13; 50:14;64:11;67:17; 69:6;75:12;76:17; 82:20;94:12,17; 95:21certified (1) 29:24cetera (2) 74:9,9

chain (1) 70:23chance (2) 20:7;84:5change (9) 16:20,22;18:5; 19:5;70:17,17;71:3, 7;81:11changed (5) 79:10,14,14;80:16; 81:9changes (7) 22:18,19,20;23:3; 80:18;82:19;91:20charge (16) 7:9;14:17;19:7,15, 24;20:18;44:22;48:4; 54:23;59:15;62:10; 67:8,12;70:18;71:3; 81:18charged (1) 57:9charges (9) 42:16;47:13;49:12; 51:12,17;52:16; 53:17;64:6,12charter (1) 93:2check (1) 51:22Chief (141) 4:5;6:7;7:6,8;8:2,5, 6,7;9:2,2;11:16; 12:17,22;15:11,18; 17:23;18:2;19:5,9,15, 17,18,22;20:19; 21:13,22;22:9;23:10; 24:3;25:23;28:13; 29:24;31:22;32:3,11; 33:6,12,15,16;35:18; 38:2,22;39:11,18,21; 40:10,20,24;41:2; 43:19;44:6,10,15; 45:24;46:3,8,17; 49:20;51:10,23;52:2, 5;54:8,18,21,23; 55:24;56:2,9,15,23; 57:6,13,17,21,24,24; 58:6,9,13,14,16;62:9, 14,22;63:6,14;67:1, 21;68:15;70:1,11,13, 20,21;71:1,2,14,15, 23;72:22,24;73:12; 75:1,9;76:1;77:1; 78:17,22;79:7,13; 80:3,7,16,20,20;81:8, 21,23,23;82:1,18,19, 22;83:14,20,20;85:9; 86:24;87:3,7;89:2,13, 22;90:8;91:22;92:11, 18,21,24;97:4Chief's (2) 15:17;17:11


(2) Bailey's - Chief's



choose (1) 87:1chose (1) 93:1Christopher (1) 35:5Cipperly (6) 42:10;48:2;49:4; 50:20;53:8,20C-I-P-P-E-R-L-Y (1) 42:11circumstance (1) 87:15circumstances (5) 5:11;9:20;41:7,13; 72:23cite (1) 74:10cited (1) 39:1citizen (1) 91:10citizens (1) 73:14City (25) 4:10;5:8;6:16;7:5; 8:2,10;9:13;15:11; 19:16;23:5,17,21; 34:24;43:7;44:3; 53:1;59:16;67:23; 74:2;76:6;89:14; 90:19;94:4,16;95:20city's (1) 91:20civil (3) 4:6,7;96:12civilian (3) 22:4;35:2;90:23civilians (2) 26:19;27:13claims (4) 21:18;31:16;32:5; 43:13clarification (2) 26:6;42:15clarify (2) 48:11;60:16clashes (1) 14:8class (2) 23:18;30:3Classification (3) 22:12,20,23clear (3) 87:13;92:22;97:19clearance (2) 87:10,11clergy (1) 96:2client (2) 4:8;18:12clients (1) 9:11

close (3) 11:15;13:6;28:22closed (4) 32:1;87:13,18,23cocksucker (2) 42:6,9code (2) 50:15,16collapsed (1) 24:23collect (1) 97:16collective (8) 15:19;16:4,15,24; 17:6,10,17;18:8combative (1) 40:13comfortable (1) 10:19command (2) 70:23;97:8commanding (6) 80:11,13,21;81:3,5, 17commences (2) 49:13;92:9comment (2) 50:23;56:20comments (2) 49:5;50:21commissioner (1) 93:3common (3) 8:16;73:24;80:2commonly (1) 29:9communicate (2) 8:24;90:22communicated (1) 44:6Community (8) 44:4;46:11;76:8, 12;94:22,23;95:14; 96:21compatriot (1) 62:11complain (1) 97:7complainant (2) 27:13;33:1complainants (1) 74:1complained (1) 90:16complaining (2) 25:4;26:21complaint (35) 6:13;22:13,21; 24:4;25:9;26:19; 27:18,24;28:4;31:17, 24;32:18;54:6;73:24; 76:15;79:9,15,21,23; 80:10,12,14,17,21,

23;81:4,14;82:4; 91:8;92:3;93:23; 94:7;96:7,11,16complaints (28) 22:4;23:18,22; 45:18;46:18,19;58:1; 69:15;70:8,9;74:8,13, 17;75:8;76:9,13; 77:3;78:24;81:2,15, 15,17,20;82:21;93:1; 95:23;96:4,23composure (1) 50:21concern (7) 8:24;19:24;38:23; 41:4;57:6;94:7;96:21concerned (3) 11:23;85:8;96:10concerns (10) 8:8;10:23;19:14, 21,23;20:2,17;69:11, 12;71:15concluded (3) 67:12;97:22;98:8conduct (9) 44:7;46:16;50:15, 16;51:18;63:10; 68:24;77:6;90:5conducted (3) 3:7;12:4;57:5conducting (2) 30:7;55:5confidence (5) 18:18,24;19:10; 76:11,21confident (2) 20:21,22confidential (1) 17:5confirm (1) 9:17confused (1) 80:19Connurs (4) 66:14,18,22;67:7consider (3) 16:23;17:1;41:8consideration (1) 23:12consistent (1) 56:7contact (1) 93:16contacted (1) 61:23contained (1) 10:24contempt (2) 59:19,20content (1) 9:19contention (2) 33:11,14

continue (1) 32:24continued (4) 47:10;72:3;82:17; 86:12continues (1) 46:12continuing (2) 12:10;29:12contract (2) 16:24;19:6control (1) 38:24convenient (1) 50:3conversation (8) 7:17,19;11:13; 21:11,13;25:22; 28:12;51:22conversations (7) 9:2,9;11:2;21:8,11, 15,22cooler (1) 76:20cop (2) 76:18;91:11copied (2) 86:22;98:3cops (2) 82:4;90:11copy (1) 35:10Corporation (11) 9:5;12:1;24:8;25:4, 7;92:8;93:12,13,15; 94:5,5correctly (3) 65:4;67:1;79:5corrupted (2) 11:12;12:6Council (2) 74:3;76:6counsel (12) 4:21;9:6;12:2; 25:7;37:15;47:6; 92:8;93:12,14,15; 94:5,6counseled (1) 37:13counseling (14) 34:19;37:13,16,17, 20;41:11;44:16; 45:10;46:15;47:1,9; 48:6,14;64:18Counsel's (2) 24:8;25:5County (4) 27:9;61:10,24;62:5couple (3) 48:24;59:9;92:20course (13) 4:11,15,23;5:14; 29:1,8,13;34:1;

54:15;55:7;58:18; 66:3;78:13court (2) 4:14,19courtesy (2) 4:17;20:4covers (1) 50:17crime (5) 30:11;59:12;75:6; 94:10;95:17criminal (8) 10:9,16,17;52:21; 59:15,19,19;84:10critical (1) 84:24criticizing (1) 83:14cruiser (8) 35:7,23;36:6,14; 37:3;38:6;39:23; 40:17cry (1) 50:22Cunt (2) 88:9,15current (4) 23:5,17,20;71:22currently (1) 58:21cut (1) 9:7

D

damage (1) 70:4date (5) 11:6;66:10,22; 67:6;84:16dated (2) 44:17;83:19dates (1) 6:12Dave (3) 9:9,21;57:11David (1) 9:6days (3) 61:4;68:2;95:1deal (3) 45:11;49:4;54:10December (3) 11:6;12:5;84:21decide (3) 20:10;67:15;79:1decision (3) 64:15;89:2,11decisions (1) 16:9defend (2) 77:18;90:3defendant (4)


(3) choose - defendant



7:1,10;35:4;52:21defended (1) 6:23define (2) 34:14;90:3definitely (1) 15:1definition (1) 37:18degree (2) 59:19,20delegated (1) 79:22delineate (1) 90:4demeaning (1) 75:3demeanor (1) 45:19Department (37) 4:10;8:10,19; 11:11;12:5;16:7; 18:3;22:17;27:9; 31:15;38:11;41:17; 43:3;44:2;46:23; 47:17;48:12;51:1; 52:11;55:18;60:22; 61:2;68:23;69:1,14; 70:5;74:24;76:11,22; 79:20;85:12;86:9; 88:14;89:18;90:22; 91:2;92:4Department's (2) 73:15;91:14depend (1) 40:5Depending (2) 36:15;47:14Depends (2) 73:1;94:11deposed (3) 6:7,13;10:5deposition (2) 11:23;37:20Deputy (8) 21:13;24:3;25:23; 28:13;72:22,24; 78:22;79:13dereliction (1) 34:7derogatory (1) 88:7deserved (1) 64:8deserves (1) 86:4designed (1) 94:13desk (1) 88:15detail (1) 45:5detailed (1)

5:11detailing (1) 44:15details (2) 45:6;50:1detective (3) 29:11;53:3,9determinant (1) 47:7determine (1) 18:12determining (1) 64:23DeWolf (7) 21:14;24:3;25:23; 26:3;27:7;28:13;31:8DeWolf's (1) 21:21different (6) 21:1;26:14;41:11; 58:18;77:2;89:7differently (3) 58:12;75:19;89:6difficult (2) 14:1;33:2direct (2) 49:7;92:23directed (2) 38:1,2direction (2) 94:2,4directive (1) 51:21directly (7) 19:18;45:24;70:20, 21;71:1;72:21;78:24disagreement (2) 18:21;20:9disbanded (1) 75:8discharged (1) 95:11disciplinary (2) 52:16;67:15discipline (44) 14:20,22;34:14,15, 15,16,20;35:1;37:14, 16,17;41:11,14,18, 22;42:2,7,13,16,19, 20,21,23;43:3,8; 46:22;47:2;48:6,10, 14;49:11,14;51:1,6; 53:12,22;55:10;56:2; 59:24;60:7;64:6,7, 16;84:19disciplined (1) 14:14disciplining (1) 58:21disclosure (1) 9:10discourage (1) 81:13

discouraged (1) 79:21discourteous (8) 42:13;43:8,14; 45:6;49:22;50:9,13; 51:4discovered (1) 58:17discovers (1) 29:10discretion (3) 55:3;92:10,12discretionary (1) 92:23discuss (1) 10:22discussed (1) 20:14discussing (1) 10:10Discussion (5) 17:20;59:3;66:16; 83:5;93:7discussions (1) 89:22disdain (1) 14:11dismissal (1) 67:19dispositions (1) 87:11disruptive (1) 95:8distinct (1) 70:6District (2) 67:21;70:13division (16) 7:9;8:9,14,17; 10:23;33:15,17; 44:18,19,21,22;45:2; 54:11,16;73:15;74:7divisions (1) 44:24document (29) 5:5;9:16,19;22:10, 11,15;24:5,6,9,17; 25:12;26:1,2,9,11,13; 27:6;31:5;35:18; 37:10;39:11,13;42:3; 48:21;62:20;63:6; 64:21;65:15;86:20documentation (2) 28:9;31:11documented (1) 49:21documents (3) 7:21;28:18;49:4domain (1) 20:8done (10) 5:18;13:19;17:4; 46:16;51:14;52:1;

74:8;75:18;80:6; 87:20down (4) 4:14,19;16:12; 48:22driver (2) 66:9,20driving (1) 39:2dropped (2) 65:20;74:17drug (2) 94:15,20Dugray (2) 84:11;85:2duly (1) 4:2During (15) 4:11,15,23;5:14; 21:16;25:20;29:10, 13,20;45:23;66:1,3; 74:3;84:10,22duties (2) 19:20;55:7duty (4) 64:14;79:22;80:12; 81:7

E

earlier (1) 61:13early (2) 44:5;70:18eat (1) 5:1effect (4) 22:16;25:2;28:10; 67:4efficient (1) 57:5effort (13) 16:19;18:3;23:22; 26:17,18;30:24;31:4, 7,8;48:21;69:13; 70:7;91:13efforts (2) 16:22;31:20either (11) 12:14;28:12,14; 33:16;36:16;48:16; 50:12;59:22;67:18; 72:24;90:7elected (1) 12:14electronic (1) 62:21elements (1) 40:1eligible (1) 85:17else (8) 9:4;10:18;56:21;

72:7;76:23;78:18; 83:1;91:19e-mail (3) 63:13;91:9,14emanating (1) 94:15emergency (2) 5:7,10employ (1) 46:22employment (2) 9:14;52:24end (4) 24:5,6;25:12;95:19enforcement (1) 5:7enforcing (1) 56:1engender (1) 76:21ensure (1) 20:23entire (1) 22:9entitled (1) 22:12Equally (1) 39:2escape (1) 40:2especially (2) 82:2;89:18estranged (4) 61:9;62:3;63:17; 64:4et (2) 74:8,9even (3) 28:4;88:20;97:4events (1) 29:13exactly (3) 36:12;37:1,17Examination (7) 3:5,7;4:11,15,23; 97:23;98:7examined (1) 4:3examiner (1) 5:15example (1) 39:1examples (1) 74:10exception (1) 5:6exceptional (2) 87:9,11excessive (21) 6:13,18,19;24:20; 25:4;26:19,21;27:17; 28:23;31:16;32:5,19; 34:10;35:1;41:22,23;


(4) defended - excessive



43:4;58:1;74:24; 77:15;89:3exchange (2) 6:1;50:4excuse (2) 18:1;59:10executed (1) 7:9execution (1) 6:16exempting (1) 21:10exercise (2) 19:13;75:14Exhibit (28) 9:17;10:1,11;22:2, 6,16;24:2,14;35:9,15; 38:18;39:7;44:10,12; 48:20;49:5,8,16; 61:16;63:1;69:18,20, 23,24;83:19,22; 86:15,16exhibits (1) 98:3exonerated (1) 87:14expanded (1) 72:8experience (3) 21:1;68:18;92:19experiences (2) 56:17;68:19explain (1) 29:5exposed (2) 21:1;39:3extensive (5) 23:22;26:18;43:24; 72:10;73:4

F

face (2) 76:18;87:19faced (1) 67:12fact (9) 24:12;30:13;36:20; 50:2;59:15;60:14; 68:5;69:13;96:22factors (2) 90:14;94:19fair (11) 5:12;6:5;15:18; 16:1;19:2;30:21; 40:13;41:18;56:24; 77:6;86:5fairness (1) 90:10fall (1) 20:13far (4) 31:18;32:24;75:21;

77:5fashion (1) 56:16fast (1) 54:21favorably (1) 12:24February (1) 22:18Federal (3) 3:6;68:16,23feel (22) 12:3;15:10;21:17, 20;27:16;32:16;38:3; 40:15;51:2,6;55:24; 56:9,23;57:4,14;64:7, 18;73:10;75:23;78:8; 79:17;86:8feelings (2) 15:17;21:3feels (1) 18:13fellow (1) 86:5felt (7) 11:18;33:15;57:8; 64:15;75:3;77:3; 94:23female (2) 66:9,20Fernett (13) 12:11,19;13:3,12, 15;14:2,10,11,14; 15:3;56:22;57:7,7figure (2) 50:19;85:1file (9) 18:6;74:8;76:9,12, 15;80:10,23;87:6; 96:7filed (8) 4:8;25:3,10;28:5; 42:17;82:3;93:23; 96:11files (1) 87:1filing (4) 18:14,22;31:17; 81:14fill (1) 62:15filled (1) 62:13filthy (1) 88:16find (3) 65:14;88:20;97:2fine (2) 16:12;34:18finish (1) 4:16finished (1) 5:6

firearms (1) 95:10fired (2) 52:13;95:10firm (1) 93:18first (9) 4:2;39:12;45:17; 47:9;59:20;68:1; 74:23;78:1;81:24Firth (2) 13:18;91:16Fitzgerald (9) 10:7,10,17,20,21; 12:14,21;13:5;57:15five (1) 34:3five-page (1) 48:21fix (1) 67:5floating (1) 97:12Florida (1) 83:3flying (1) 55:19Foley (18) 4:9;24:7,19,22; 25:3,9,16;26:4; 27:11;28:7,14,19,21; 77:20;78:4,11;93:24; 95:4Foley's (11) 18:1;21:6,12,18; 24:3;25:20;79:9; 91:15;93:10,15;95:4follow (1) 29:16followed (1) 50:2follows (1) 4:3follow-up (3) 20:11;29:7;97:23foolproof (1) 37:8force (35) 6:13,18,19;24:20, 24;25:4;26:19,22; 27:17;28:23;31:16; 32:5,19;34:10;35:1; 39:24;41:22,23;43:4; 47:17,19,22;58:1; 69:14;70:9;74:24; 75:10,14,24;77:15; 89:3,13,18;90:17,18forces (1) 44:23forgot (1) 14:18form (23) 11:22;26:23;27:19;

32:9,20;37:13;40:24; 50:10;51:8;56:4,10; 57:19;63:21;64:9; 67:9;68:17;69:2; 71:24;73:22;77:23; 79:15;89:4,15formal (8) 8:14;29:23;30:3; 49:14;50:24;51:6; 55:10;91:8former (4) 9:5;14:6;71:12; 89:21forth (1) 89:23forum (1) 30:3forward (2) 12:9;93:19forwarded (1) 63:14forwarding (1) 62:23found (2) 29:13;34:9foundation (2) 15:24;16:3four (9) 4:9;6:10,11;27:10; 39:10;53:20;54:3; 77:21;78:6fourth (1) 7:12four-thirty (1) 97:17free (5) 22:9;23:8;26:9; 36:7;38:21frequent (1) 59:15frequented (1) 95:13friendly (1) 56:15front (7) 22:15;27:6;28:17; 36:13,17;77:7;88:15fucking (2) 50:22,22function (1) 20:20further (2) 27:24;31:19

G

Gabriel (2) 66:19;67:5gaps (1) 36:15garbage (1) 97:9Gary (1)

67:21gave (4) 35:13;57:11;79:12; 90:20general (9) 9:18;34:4;46:2; 57:1;69:16;78:20; 79:10;80:9;91:3generated (2) 75:6,7gentle (1) 56:16gentleman (1) 61:15gets (2) 71:7;74:8gist (1) 69:17given (5) 37:19;46:16;51:16; 56:24;96:9giving (1) 34:4Glass (2) 36:11,13goes (5) 12:9;34:15;37:15; 54:18;83:17good (6) 11:17;12:22;13:2; 30:13;73:20;76:16gossip (1) 55:19government (1) 8:11grammar (1) 23:3Greenbush (1) 44:2guess (3) 12:23;87:22;94:11Guido (1) 66:19Guinea (2) 42:6,8

H

half (3) 29:19,20;68:22Hall (2) 90:19;94:4hamper (1) 31:19handcuffed (9) 35:6,24;36:6;37:2; 38:5,11,24;39:22; 40:17handcuffs (1) 37:8handled (3) 56:23;58:12;79:9hang (1)


(5) exchange - hang



88:16happen (3) 11:24;41:1;79:2happened (8) 31:2;48:2;52:7; 64:2;79:4;93:23; 97:5,12happy (1) 5:3harassed (3) 85:5,24;86:4harassing (2) 83:9;84:8harassment (1) 88:17hard (1) 54:21Harry (1) 89:21hat (1) 14:24head (5) 4:15;16:16;53:24; 57:12;97:19headrest (1) 36:17heads (1) 76:20hear (4) 60:10;66:11;68:8; 95:5heard (9) 55:14,15;65:23; 68:7;70:2;75:5;76:3, 5,23hearing (2) 48:8;78:2held (2) 3:6;18:24help (2) 61:11;62:1hereby (1) 3:3hereto (1) 3:5heritage (3) 50:7,23;56:21herself (1) 36:7hey (2) 90:19,24hip-hop (1) 95:15hiring (1) 73:3history (2) 67:19;95:8hit (3) 14:7;77:20;87:22Hold (3) 15:12;18:17;30:1home (3) 63:16;64:4;83:3

Homer (2) 19:1;20:10Homer's (1) 35:14homicide (2) 84:12;85:5honest (3) 14:19;48:17;86:12hook (1) 81:1Hoosick (1) 91:11hopefully (1) 18:22Hudson (1) 83:2hurt (1) 90:5

I

IAB (2) 13:7,12identification (11) 10:2;22:7;24:15; 35:16;39:8;44:13; 49:9;63:2;69:21; 83:23;86:17implicate (1) 9:14importance (2) 30:6;31:10important (3) 18:14;39:2;88:20imposed (1) 84:20impugn (4) 7:20;18:2,4,5inappropriate (2) 55:16;90:1incident (10) 12:7;43:6;56:19, 22;63:12;65:18; 72:14;84:7,8;85:5incidents (1) 85:12include (2) 21:14;72:9Including (1) 57:10inconsistent (1) 56:9incorrect (1) 75:23indicate (1) 66:13indicated (4) 18:17;66:9;69:11; 70:5indicating (2) 25:3;70:14individual (1) 27:14

individuals (12) 20:17;27:8;34:5; 54:3,5,16,24;55:4; 60:5;61:5;78:15; 79:19information (2) 30:10;91:15infraction (1) 48:13initially (1) 80:13initials (1) 11:7initiate (2) 91:8;92:15initiated (1) 72:2injured (1) 89:19injury (2) 37:5,6in-service (2) 47:18,21inspections (1) 30:1instance (4) 43:1;44:8;59:5; 90:23instances (13) 32:5;43:11,12; 49:21;50:8;53:10; 56:14;74:11;79:19; 81:12;89:24;92:14; 95:9instituted (2) 51:12;64:12instituting (1) 96:3instruction (1) 30:4instructor (3) 29:21,23,24insubordinate (1) 57:8insubordination (3) 14:17;34:7;57:2insult (2) 42:3;48:3insults (1) 50:7intake (1) 27:9interaction (4) 25:20;26:5,20; 66:20interactions (1) 55:4interest (1) 9:10interfere (2) 15:16;63:16interference (2) 93:9,14

intermediary (1) 78:23Internal (75) 8:9,14,17,18;9:1; 10:23;11:10;12:3; 13:14,22;14:21;15:2, 5;16:16;19:7,15,18; 20:1,18,20;23:6,18; 24:4;25:15,18;30:23; 32:3,6,17;33:5,8,10, 21;43:12,18;53:12, 22;54:6,10;57:13,16; 58:7;67:22;68:10; 70:7,18,23;71:4,4,9; 72:12,19;73:8,15,19; 74:7,12,17;76:22; 78:19;79:6,17;80:24; 81:14;86:24;87:5,12; 91:21;92:2,5,9,15,24; 94:7;95:24internally (1) 20:22interpose (1) 4:22interrupt (1) 94:14interview (3) 26:19;31:1;33:2interviewed (14) 25:16,19;26:3; 28:15,19,21;29:2,2; 31:17,21,24;32:8,19; 89:22into (9) 21:18;27:23;28:23; 50:2,3;76:15,17; 80:10;94:19investigate (6) 31:16;69:14;70:8; 86:9;92:24;94:6investigated (1) 32:7investigating (3) 30:11;67:5;92:2investigation (36) 10:9,16,17;11:11; 21:15,16,18;27:2,3, 17;28:1,23;29:9,12, 14,16;30:7,18,20,24; 32:24;33:10,17,22; 53:13,23;54:13; 72:11;73:1,6,6; 78:14;79:1;86:13; 87:21;92:16investigations (10) 12:4;13:23;14:21; 21:22;43:13;57:17; 73:3,5;78:23;92:6investigative (2) 23:22;44:23investigator (2) 20:24;21:4investigators (1)

94:20invite (1) 18:11invited (1) 66:8involved (12) 10:5;11:18;27:11; 32:2;34:17;53:3; 57:3,16;66:19;79:8; 85:15;95:17involves (1) 34:16involving (3) 6:15;56:19;70:3issue (14) 11:3;16:4;18:24; 34:9;47:14;57:2; 67:16;68:24;74:4; 78:18;82:16,17;84:9; 94:18issued (1) 80:9issues (13) 11:2,5;18:6,9,15; 46:7;75:2;76:8;77:4; 81:7;90:17,19;92:20Italian (4) 48:3;50:7,23;56:20

J

James (1) 4:8jaywalking (1) 91:6jealousy (1) 94:19job (6) 15:6;73:8,20;83:9; 86:1,5John (9) 4:1;7:17;22:3; 35:10;61:17;81:4; 93:18;96:8;98:7Judge (13) 19:1;20:10;35:14; 67:21;68:7,9,16,23; 69:24;70:1,13;71:16, 22June (7) 53:19;55:9;62:9; 72:13;74:11,12;94:3jurors (2) 69:12;70:2juror's (1) 70:14jury (1) 69:12jury's (2) 67:22,22

K


(6) happen - jury's



Kaiser (41) 9:3;11:17;12:18; 33:13;38:2,22;39:18; 44:6,11,15;46:8; 49:21;51:23;52:5; 54:21,23;56:3,9,15; 57:17,21,24,24; 58:14,16;62:22; 63:14;67:1,21;70:1, 12;80:16,20;81:8; 82:20,22;83:14,21; 85:9;87:3;92:21Kaiser's (2) 39:21;46:17KEACH (76) 4:4,5;10:3,13,15; 15:13,23;16:11,14; 17:19,21;19:4;20:3, 11,16;22:1,8;23:16; 24:13,16;27:5;28:2; 32:13;33:4;35:10,13, 17;39:5,9,14;40:12, 14,22;41:10;48:19; 49:10;50:18;51:13; 52:18;56:8,13;57:23; 58:3,5,15;59:2,4; 61:17,19;63:3;64:1, 17;65:7,11,17;66:17; 67:11;68:20;69:10, 18,22;72:6;74:5; 78:3;83:4,6,18;84:1; 86:18;89:6,8;90:15; 93:6,8;97:22;98:6Keeping (1) 31:13kind (7) 21:11;36:9;47:1; 54:18;55:18;81:6,6knee (1) 78:5knew (1) 44:1knowing (1) 31:7knowledge (12) 21:6,7;26:8;35:3; 43:5,10;45:14,20; 60:8;62:5;68:5;85:20known (1) 43:24

L

lack (2) 43:17,17lady (2) 74:2;76:6language (1) 23:3large (1) 73:6last (3) 49:7;68:2;96:2

late (2) 8:1;44:5later (1) 30:19latter (1) 81:11law (1) 5:7laws (1) 96:13lawsuit (2) 4:8;17:12lawyer (1) 4:6leads (3) 27:4;29:14,14learn (3) 66:24;81:20,24learned (2) 60:24;82:8least (4) 28:24;52:3;77:21; 78:5leave (2) 16:1;23:13led (1) 52:24left (3) 55:2;85:11;86:8legal (3) 9:21;40:7;75:15lend (2) 72:4;73:11lesbian (2) 88:9,16less (2) 40:6;81:15lessened (1) 82:20letter (14) 24:7;67:20;68:1,7, 9,16;69:11,16,24; 70:12;71:16,22; 73:13;84:18letting (1) 75:16level (5) 34:18,19;50:24; 51:6;79:1lieu (2) 42:22;52:13lifted (1) 92:7limited (1) 21:7line (2) 20:7,11literally (1) 32:4literature (2) 12:16;13:17litigation (3) 18:1,2;94:8

little (3) 10:13;42:6,8live (1) 85:3lived (1) 62:5living (1) 85:19locations (1) 95:22lodged (1) 74:13long (4) 20:6;29:18;45:22; 60:24look (14) 9:16;18:19;19:11; 27:21;36:19;54:1; 64:14;65:15;67:16, 18;71:12;79:6;87:5; 91:13loses (1) 50:20losing (1) 52:24loss (2) 34:17,17lot (11) 13:19;20:24;42:22; 50:3;75:7;76:9; 83:17;89:19,24; 94:17,18lung (1) 24:23

M

Magnett (1) 62:7Magnetto (4) 62:8,15,24;90:9mail (1) 62:22maintaining (1) 31:10maintains (1) 24:22major (2) 23:10;73:6majority (1) 60:14makes (1) 50:21making (1) 31:13man (3) 16:6;46:5;70:3manner (3) 11:20;57:5,9Manwell (1) 75:1many (6) 6:9;33:24;34:12;

47:5;53:15;80:1March (1) 62:16mark (18) 22:2;24:1,10,13; 35:9;38:17;39:5; 44:9;48:19;49:2,5; 62:21;64:22;65:7; 69:18;83:18;84:18; 86:14marked (13) 10:1;22:6;24:14; 25:12;35:15;39:7; 44:12;49:8;63:1; 69:20,23;83:22; 86:16married (1) 62:6Mary (6) 53:6;83:7,8;84:7; 85:4,11matter (1) 11:20may (9) 3:10;11:24;38:15; 41:9;44:8;55:15; 91:7;95:20;97:10Maybe (7) 31:5;34:7;42:18, 20;48:6;67:7;98:4Mayor (15) 7:1;16:23;84:19; 89:21;90:16;91:10; 92:5,16,19,20,22; 93:2,4;94:6,6Mayor's (3) 92:1,12;93:9McAvoy (6) 21:14,22;24:3; 25:23;28:13;58:13mean (21) 11:14;12:21;13:18; 26:1;29:4,15;31:2; 34:15;37:19;46:21; 47:21,21;54:10;58:8, 14;70:22;72:15;76:5; 80:6;81:22;96:5meaning (7) 6:1;19:6,24;42:16; 71:4,18;97:7meetings (3) 74:3;75:11;76:7meets (1) 36:19member (1) 45:7members (9) 43:9,15;49:23; 51:5;73:18;94:22; 95:13,16;96:2memo (27) 10:9;11:1,8;12:7, 13;13:10;24:2;44:16;

45:5,15;46:8,14; 47:9;48:6;49:16,21; 50:1;51:16;57:10,12; 61:16;64:18;83:11, 19;84:4;91:18,24memorandum (3) 44:10;48:15;65:12memory (2) 28:6;65:3memos (6) 13:21;31:13;33:8; 34:19;45:10;48:24message (2) 62:23;90:2messages (1) 60:11met (1) 96:1method (1) 37:8metropolitan (1) 23:10mid-1980s (1) 6:12might (1) 91:9mill (3) 55:15;69:7;97:6Miller (1) 27:15mind (1) 78:16mine (2) 14:6;44:4minority (1) 95:16minute (1) 62:21mission (1) 94:13Mitch (1) 62:23Mitchell (10) 9:6,9,10,21;10:24; 11:14;12:1;57:11; 65:5,13modifications (3) 22:23;23:1;78:20modifying (1) 80:9moment (2) 22:1;88:12more (14) 14:21;20:17;39:3; 47:7,13;50:7;56:1,6, 11,16;57:22;68:11; 88:20;90:18morning (1) 91:12most (1) 90:11much (6) 30:10;52:3;55:2;


(7) Kaiser - much



79:8;90:18;98:2murder (1) 52:21myself (4) 33:12;72:21;74:24; 90:8

N

name (6) 4:5;8:15,16;11:8; 43:20;80:24named (2) 7:10;11:15namely (1) 31:23names (2) 34:4;88:16nature (6) 76:7;81:16;87:14; 88:9;90:21;95:15necessarily (2) 37:4;55:13need (7) 4:13,24;5:9,10; 19:9;77:17;90:2needed (1) 90:3needs (3) 5:7;17:15;92:1negative (1) 45:19negotiation (1) 42:22negotiations (2) 17:1,6neighborhood (1) 95:9New (6) 3:9;70:14;75:17; 77:1;90:11;96:12next (1) 11:8Nicholas (3) 9:3;11:16;12:18Nick (3) 33:12;38:2;62:22night (1) 31:2nod (1) 4:14normal (2) 41:7;55:7North (3) 44:2;94:15;95:19Northern (1) 70:13Notary (3) 3:8,10;4:2noted (1) 52:4notes (1) 31:13

notice (12) 34:16;41:14,21; 42:1,7,12,15,21,23; 48:9,12;49:11notices (1) 41:17notorious (1) 95:11November (3) 44:17;83:19;84:17number (6) 5:21;10:11;61:16; 74:16;80:24;82:20numerous (2) 9:2;74:9

O

oaths (1) 3:11Object (20) 26:23;27:19;32:9, 20;40:23;50:10;51:8; 56:4,10;57:19;63:21; 64:9;67:9;68:17; 69:2;71:24;73:22; 77:23;89:4,15objections (1) 4:22objective (3) 11:20;20:23;56:11obvious (1) 26:11obviously (7) 19:9;44:3;46:1; 50:15;79:11;82:5; 93:19OC (6) 36:5,23;38:24; 39:1,3,22occasion (1) 97:13occasions (5) 6:9;14:15;33:24; 50:14;95:20occur (4) 37:5,6;39:19;80:1O'Connor (1) 6:23off (15) 14:7;17:19,20; 53:24;58:3;59:2,3; 66:15,16;80:20;83:4, 5;93:6,7;98:6Office (5) 24:8;25:5;57:7; 92:2;93:10officer (99) 3:11;10:20;12:14, 21;13:5;29:8,10,18; 30:7;34:23;35:5,21; 36:5,8,12;37:1,7; 38:4,8;40:2,6,9,17;

41:4,21;42:1,12;43:2, 7,20,23;44:1,4,7,16, 18;45:6,10,14,22; 46:10,16;48:13,15; 49:17,22;50:2,8;51:4, 17;56:1;60:10;61:8, 13,20,23;63:10,15, 19;64:2,7,13;65:3,13, 19,24;66:5,6,7,8,13, 14,15,18,22;67:7,19; 68:22;78:5;79:18,21; 80:11,12,13,14,17, 21;81:3,5,18;85:22; 86:4;90:24;91:1,5; 94:24;95:2;96:17; 97:8officers (42) 4:9;6:20;20:22; 24:20,23;25:21;26:5, 21;27:10;31:3;33:21; 34:12;41:16;43:14; 47:18;53:17,20; 54:17;55:1,8,10; 57:16;58:7,20,23; 59:22;60:14;66:14; 73:21;75:17;76:24; 77:7,12,16,21;81:13; 85:15;86:5;89:12,19, 24;90:2officers' (1) 96:13officer's (3) 37:9;45:18;67:16official (1) 7:6old (2) 79:3,4One (34) 6:12,14;8:4;9:11; 12:23;14:17,18;15:5, 12;20:20;24:10; 30:17;36:12;47:4; 49:17;50:12,13; 53:16;54:22;59:5,22; 60:1,3;61:5;64:8; 65:24;66:13;72:21; 73:10;74:22;77:18; 87:11;90:7;95:22O'Neil (11) 53:6,9,21;83:8,8; 84:7,20;85:4,11;88:2, 13ones (1) 58:11ongoing (1) 33:11only (11) 21:4;27:7;36:23; 39:11;43:16;60:13; 65:24;75:21;76:16; 78:15;93:16open (2) 30:2;57:22

opened (1) 76:19operation (1) 8:9Operations (3) 44:22;62:9,10opinion (5) 16:1;52:4;67:10, 22;73:14opinions (2) 16:8;18:5opportunity (3) 4:21;19:12;97:19option (2) 40:7;41:9options (2) 19:13;40:5order (12) 24:11;35:14;59:6, 12,16,23;60:6,12,18; 61:1;79:10;80:9orders (1) 78:21originals (1) 98:4otherwise (1) 62:2out (12) 38:7;50:19;62:2, 20;66:21;81:10;85:1; 88:20;90:6;94:13; 97:15,17outcome (2) 21:21;86:11outcomes (1) 46:19outlining (1) 78:21over (15) 4:18,19,20;18:11; 20:9;29:11,24;34:1; 47:19;49:17;78:16, 17;89:2;91:21;94:8overbearing (1) 94:23overtones (2) 88:3,4Owens (1) 38:22own (1) 92:11

P

pack (1) 65:20page (4) 22:12;39:10,12; 49:7paperwork (2) 25:3;27:10paralegal (1) 48:22

parking (1) 50:3part (13) 7:5;12:16;22:11; 24:9;26:18;35:14; 38:19;47:19;74:22; 78:14;82:6;83:2; 85:15participate (1) 33:9particular (1) 91:3parties (3) 3:4;11:15,18partition (4) 36:13,16,18,20partitions (1) 36:9part-time (1) 72:9past (16) 19:14;34:2,12,23; 41:20;42:14;43:1; 45:11;46:17,18;52:1; 53:10;74:18;79:19; 90:17;92:14path (1) 16:12pathogen (1) 41:5patrol (20) 6:21;33:16;35:7, 23;36:6,9,14,15;37:3; 38:6,8;39:23;40:16; 75:7;82:2,9,11,12; 89:18;90:13patrolman (3) 14:7,18;15:4Paul (9) 12:11,19;13:3,13, 15,22;14:2,4,5Paurowski (2) 62:23;65:13Paurowski's (1) 65:5pay (2) 34:18;60:4PBA (8) 6:15,22;10:5,8; 12:10,15;13:2;57:12PD (2) 62:12;70:15PD's (1) 39:24peculiar (1) 87:15Peggy (1) 3:7pending (3) 5:4;52:16;53:17people (12) 5:16;16:9;31:1; 33:16;54:11,11;74:8;


(8) murder - people



76:10;81:13;88:13; 90:19;96:22people's (1) 90:6pepper (5) 35:6,22;37:11; 38:5,12perceptions (2) 46:17;70:14perfect (1) 5:14perfectly (1) 38:4period (7) 29:20;42:14;44:1; 45:23;55:21;59:7; 71:11permission (2) 92:1,17person (9) 19:10;26:21;28:5; 30:20;31:17;32:7,18; 40:20;73:8personal (5) 11:12;12:6;13:6; 16:8;56:17personality (1) 14:8person's (1) 79:23pertains (1) 12:7perusing (2) 26:13;39:13phone (5) 23:7;62:2;83:9; 84:8;91:10phonetic (4) 27:11;53:4;66:14; 84:12phrase (7) 16:11;26:14;29:11; 53:18;72:16;89:6,7phrased (3) 5:15,20;15:13physical (3) 61:8;75:14;89:20pinpoint (1) 76:2pistol (2) 65:19,20place (3) 15:2;75:13;96:15plaintiff (1) 10:6planning (2) 45:3;54:19play (1) 11:21pm (1) 98:8point (9) 6:2;13:23;28:1;

33:11,14;51:11;71:6, 9;81:1Police (87) 4:9;6:15;7:6;8:7, 10,19;9:3;10:7; 11:16;12:4,18;15:11; 16:7;18:3;19:9,19; 22:3,17;23:10;24:20; 25:21;26:5,20;29:18, 21;30:1,5,7;31:9,15, 23;32:12;33:12;38:2, 10;40:9,17;41:16; 43:2,6,14,19;44:2,4; 46:11,23;47:17; 48:12;51:1,11;55:17, 18,24;56:1;60:11; 63:19;65:18;68:15, 22,23;69:1,14;70:5, 20,22;73:15,20; 74:14;75:17;76:24; 77:1,12,16,21;78:17; 79:20;80:4;86:4; 88:14;89:12,14;92:4, 11,15,24;93:3;96:17policies (3) 39:24;70:15;91:21policing (1) 73:20policy (10) 16:9;22:3;23:5,17, 20;38:10,13,14,23; 92:4Pollay (3) 35:5,22;94:24poorly (1) 5:15portion (1) 23:15portions (1) 18:12pose (1) 4:12position (12) 12:15;13:16;16:10, 16;17:1,11;19:10,20; 71:23;72:4,8,10positions (1) 54:20potentially (1) 88:17practice (2) 31:15;32:16precipitously (1) 74:18predecessor (1) 58:13preliminary (1) 29:9premises (1) 95:11prepare (2) 7:15,23present (4)

25:20;26:4;60:19; 92:20president (1) 12:15pretty (4) 55:2;63:19;67:8; 68:14prevail (1) 76:20prevalent (1) 82:19principally (2) 94:22;95:19prior (7) 8:7;12:5;18:7; 56:2;58:7,8;74:11prisoner (1) 38:24privilege (1) 9:15privy (1) 69:7probably (16) 21:15;23:3;35:8; 42:4;47:8,10,13; 48:22;64:13;65:4; 67:17,19;72:8;79:12; 86:23;91:1problem (13) 5:24;16:5;17:12; 23:13;47:22;52:19; 57:1;81:24;82:8,15; 86:2;94:10,12problems (2) 45:15;46:17procedure (2) 76:14,16procedures (2) 67:23;78:22proceed (3) 33:3;63:4;84:2process (10) 17:17;21:16;30:2; 32:3;49:14;73:3; 78:24;96:3,5,15processed (1) 96:18produced (1) 24:11progressed (1) 87:22progresses (1) 27:3progression (3) 27:2,22;29:4progressive (2) 46:22;47:2prohibited (1) 38:16prohibition (1) 38:15promised (2) 13:18;97:14

promoted (3) 45:24;62:13;71:7prompted (1) 90:8proof (1) 70:2properly (2) 46:20;96:24property (1) 57:4protection (8) 59:7,12,17,23;60:6, 12,19;61:1provided (1) 24:7Public (20) 3:8,10;4:2;18:14, 22;20:8,21;42:13; 43:9,15;45:7;49:23; 50:9;51:5;55:5; 73:18;74:3;77:11; 93:3;95:23punch (1) 77:18punishment (1) 52:17purpose (2) 17:12,24purposes (1) 64:23pursuant (2) 3:6;11:20put (3) 57:11;82:20;96:15putting (2) 16:5;78:22

Q

quelled (1) 94:18quite (3) 12:20;73:4;94:16quote (3) 31:6;42:3;70:5quoted (2) 8:13;13:10

R

raise (2) 8:8;68:24raised (5) 18:15;32:6;46:8; 71:16;96:21raises (1) 74:4range (1) 47:20rank (3) 69:6;71:8;81:9rather (2) 70:24;73:16

reached (1) 96:14read (5) 5:22;23:14;26:9; 38:18,21reading (1) 12:23ready (2) 63:4;84:2real (1) 70:7really (9) 13:20;16:9;19:17, 19;46:20;48:5,7; 63:11;71:11reason (2) 4:24;96:15reasonable (1) 75:15reasons (3) 20:14;30:17;74:22rebid (2) 71:8;95:1recall (29) 10:19;11:5;23:4; 25:22;28:11,12;35:8; 41:24;44:8;45:21; 48:1;51:24;53:24; 55:21;60:8;61:12; 62:4;63:11;64:5; 65:24;66:12;69:16; 83:10;86:22;88:2,3,6, 11;95:3receipt (3) 96:6,9,15receipting (2) 96:3,5received (12) 9:21;45:10,18; 46:11,12;47:4;48:6, 16;68:6;71:21;89:23; 96:18receiving (5) 45:15;47:15;88:10, 14;95:23recently (1) 60:3recess (2) 58:4;97:21recollection (10) 6:10;13:24;22:22; 23:1;25:1;35:21; 54:2;63:9;66:18;84:6recollections (1) 66:23recommend (1) 41:7record (16) 16:6;17:20;39:9; 48:20;58:3;59:2,3; 64:14;65:11;66:15, 16;67:16;83:4,5; 93:7;98:6


(9) people's - record



records (2) 21:23;54:1recruits (1) 30:2rectify (1) 76:10red (1) 20:7redacted (3) 18:13,22;20:13redactions (1) 18:19reelected (1) 12:15refer (1) 34:5references (1) 50:16referred (2) 33:21;48:2Referring (9) 10:11;12:12;42:2, 8;45:12;50:6;70:8; 91:2,3reflect (4) 26:3;39:9;48:20; 65:12reflected (3) 13:21;28:16,17reflects (2) 27:7;63:14refresh (2) 35:21;63:9refused (2) 28:14,19regard (3) 52:24;68:18;93:5regarding (1) 77:3regularly (1) 74:2related (3) 11:2;14:20;65:24relates (1) 47:16relationship (15) 11:16,17;12:10,17, 19,22;13:2,4,7;14:1, 5;17:23;52:5;56:15; 57:13relationships (2) 11:12;12:6relative (2) 46:16;52:20relieved (1) 64:13rely (1) 5:17remaining (1) 6:14remember (6) 48:7;67:1;69:16; 79:5;84:4;88:8

Rensselaer (3) 27:9;61:10,24repeated (2) 50:8;60:10repeatedly (1) 51:4rephrase (1) 5:23report (4) 81:10,12;87:20; 92:8reported (3) 19:18;71:1;88:13Reporter (4) 3:8;4:14,19;23:14reporting (4) 70:24;76:14,19; 78:22reports (2) 21:8;58:7represented (1) 74:16request (3) 91:14,17;93:17requested (2) 23:14;28:7required (2) 23:23;47:23requirement (1) 23:20resisting (1) 78:12resolution (3) 48:14;61:6;96:14resolved (2) 12:24;19:1resources (3) 72:12,13,15respective (1) 3:4respond (4) 26:18;61:11;62:1; 91:14responded (2) 71:21;95:21responds (1) 29:8response (6) 4:13;5:21;63:16; 64:19;66:3;70:12responsibilities (1) 19:19responsibility (2) 33:5;44:20responsible (1) 88:21restate (1) 5:23result (6) 24:24;53:12,22; 64:3;70:4;86:1results (1) 57:15

retire (1) 85:17retired (8) 52:12,13;61:7; 62:8;82:22;85:16; 87:16,24retreat (1) 66:6return (1) 4:17revealing (1) 11:13review (7) 7:21;18:11;21:23; 22:9;27:2;38:13;84:5reviewed (3) 13:17;21:8;58:11Reviewing (1) 46:14ribs (1) 25:2rid (1) 66:9right (38) 7:12;12:9;17:18; 21:17,24;24:10;27:6; 28:16;38:17;39:15, 17;40:23;41:11,13; 42:21;43:20;46:14, 21;47:2,15;49:15,20; 55:19,24;61:21;62:7, 11,19;66:24;68:11; 70:11;73:7;86:14; 88:1,23;96:7,13; 97:14rights (4) 4:6,7;90:6;96:13ripped (1) 62:2rise (1) 51:5rises (2) 50:13,24Robert (2) 10:7;42:10role (1) 11:21roll (3) 75:1,11;90:9room (1) 57:4roughly (1) 46:5RPI (1) 85:21rude (3) 90:20;91:5,12rudeness (1) 77:4rule (2) 9:10;54:21Rules (1) 3:6

rumor (3) 55:15;69:7;97:6rumors (1) 55:18run (1) 16:7runaround (1) 81:6running (1) 94:19

S

safety (1) 93:3same (4) 4:17;8:13;27:15; 58:12save (1) 26:15saw (2) 31:1;68:1saying (3) 10:19;40:19;91:10school (1) 47:19scores (1) 32:5screwdriver (1) 66:5seal (1) 18:6sealed (1) 17:14search (3) 6:16;7:5,10seasoned (1) 21:4seat (1) 36:18second (8) 15:12;17:19;47:8; 59:2,19;82:6;93:6; 98:5section (1) 22:21securing (1) 52:20security (1) 85:22Seek (1) 65:14seeking (1) 11:22seem (2) 39:2;96:1selection (1) 17:2send (2) 90:1;91:9sending (1) 60:10Senior (1)

60:17seniority (4) 15:7;19:12;72:5; 73:11sensitivities (1) 17:22sent (5) 51:16;67:21;73:13; 93:17,18September (1) 59:8sergeant (16) 6:21;14:6;15:3; 43:24;46:10;50:17; 53:4,6,9,9;65:3; 66:19;72:9;83:7; 88:2,13series (1) 94:14serious (17) 23:21;34:14,15,20, 24;42:19,19;43:3,8; 53:11,22;59:24;60:7; 63:19;67:8;70:2;86:2seriously (1) 58:1serves (1) 65:3Services (3) 45:2,4;60:15set (2) 19:11;79:18settled (1) 53:16settlement (2) 61:7;85:15several (7) 14:14;45:10;49:21; 61:3;74:18;78:20; 95:9severe (1) 50:7sexual (3) 88:3,4,17shake (2) 4:14;56:24Shakeem (1) 27:15shall (1) 65:14sharp (1) 97:17Sharpe (6) 67:21;68:7,9; 69:24;70:1;71:22Sharpe's (1) 71:16sheriff (3) 75:18,20;77:1Sheriff's (1) 27:9shift (1) 82:12


(10) records - shift



shooting (1) 66:1shootings (1) 94:14short (2) 58:4;97:21Shorthand (1) 3:8shortly (2) 12:13;85:12shot (4) 15:14;65:19,20; 66:7shots (1) 95:10show (12) 4:17;24:1;35:9; 38:17;44:9;49:1; 62:19;64:21,22; 83:11;86:14;96:11showing (2) 14:23;69:23sick (1) 5:2side (2) 62:12;89:20signature (3) 64:24;65:2,5signed (1) 3:10sit (1) 71:13site (1) 76:19sitting (3) 5:2;54:4;55:23situation (5) 5:10;39:4;40:15; 68:15;80:6skill (2) 19:11;79:18skip (1) 20:3Smith (3) 90:24;91:1,5solitary (1) 73:7somebody (11) 21:3;30:15;31:23; 36:24;38:11;47:5; 50:20;65:20;67:6; 69:6;81:9someone (33) 10:18;21:2;27:8; 34:5;36:22;37:2,9; 38:5,7;40:4,8,15,16; 41:5;42:7;46:21; 47:4,22;50:2;53:11; 56:14,16;60:11; 65:19;71:7;72:11,23; 73:2;80:10;82:3; 91:7;96:16;97:7Sometimes (3)

5:15,16;76:20somewhere (1) 82:24sorry (3) 23:7;58:16;65:14sort (3) 25:9;34:6;66:19sought (1) 52:17sound (1) 5:12source (1) 86:9speak (1) 13:1speaks (1) 26:1specific (3) 44:8;68:11;69:17specifically (2) 23:4;78:21specification (1) 49:12specifications (5) 42:16;47:13;51:12, 18;64:12specifics (1) 93:13speculate (1) 41:1speeding (1) 66:21spit (2) 36:12;40:8spitting (7) 36:7,22;38:8;39:4; 40:1,17;41:6spoke (1) 17:21spoken (2) 4:12;9:5spot (1) 62:13spray (9) 35:6,22;36:5,23; 37:12;38:5,24;39:3, 22sprayed (1) 38:12stack (1) 13:20staff (1) 75:11stages (1) 29:15standing (1) 17:13stapled (3) 48:23;49:1,3Start (2) 14:4;80:19started (3) 66:6;81:2;94:19

State (1) 3:9stated (4) 12:16;26:7,8;77:10statement (2) 11:23;52:20statements (1) 79:16States (1) 67:20station (2) 76:15;80:10stay (1) 71:10stayed (3) 70:20,21;95:19step (7) 34:13;42:23;47:10, 12;62:20;78:23; 91:18still (12) 15:8;22:15,16,22; 23:18;49:15,17; 52:10;81:15;82:24; 85:19;95:23stipulated (1) 3:3stonewall (1) 87:22stood (1) 77:7stopped (2) 91:11;92:16store (2) 50:3;96:6strained (3) 12:20;14:3,5street (3) 75:5;94:10;95:17streets (1) 75:13strictly (1) 28:6strike (1) 78:5strong (1) 14:11stuff (2) 34:19;91:12subdue (1) 36:24subdued (2) 37:3,9subject (6) 32:18;34:24;43:7; 54:13;61:15;78:4subjected (15) 41:17,21;42:1,7,12, 18;43:3;51:17;53:11, 21;54:5;55:10,22; 59:24;60:6subjects (1) 16:8

submission (1) 78:9subordinate (9) 25:21;26:5;36:5; 57:16;75:17;76:24; 77:7,21;89:12subordinates (9) 17:24;47:5;54:7; 55:12;59:6;64:8; 72:19;78:19;89:3subsequently (1) 60:3substance (6) 73:19;74:6;75:16; 77:10,13,14success (1) 94:17successful (1) 94:12sued (2) 7:4;9:13suffered (1) 70:3suggestion (1) 57:22Sum (2) 77:13,14summary (1) 28:17superficial (1) 21:2superior (3) 51:21;89:21;92:13supervise (3) 18:3;45:22;46:1supervised (2) 8:21;46:5supervision (3) 6:20;46:2;58:8supervisor (2) 56:2;65:5Support (4) 45:2,3;75:20,21supported (1) 89:11supports (1) 89:1supposed (2) 36:23;47:1sure (17) 24:8;25:22,24; 26:16;29:6;38:20; 60:15;71:12;79:8; 83:16;84:3,15;86:11; 89:10;97:18,20;98:6suspect (2) 11:11;66:4suspended (2) 60:4;85:14suspension (1) 67:18sustained (4) 43:13;64:6;87:14;

97:11swore (1) 91:6sworn (1) 4:2system (4) 22:23;74:4;79:3,4

T

table (1) 5:5tactics (1) 94:21talk (5) 27:12,13,14;28:4; 61:13talked (12) 7:20;27:7,8,10; 42:19;54:12;57:10; 58:20,23;61:20; 78:15;91:24talking (6) 4:18,19,20;8:18; 28:24;66:21talks (3) 10:16;12:9,9tap (1) 27:23target (1) 95:22taser (1) 40:6tasered (4) 40:4,8,16,21taught (1) 78:10teaches (3) 30:6;31:10;83:2technically (1) 93:4technique (2) 78:9,10Tedesco (44) 4:1,5;6:7;9:17; 10:1;17:23;19:5; 22:2,6,9,16;24:2,13, 14;25:13;35:9,15,18; 38:18;39:5,7,10; 44:10,12;48:19;49:5, 8;61:20;62:22;63:1, 6;69:19,20,23,24; 81:4;83:18,20,22; 86:15,16;90:20;96:8; 98:7Tedesco's (1) 18:2telephone (1) 60:12telling (2) 38:3;93:13ten (9) 34:2,3,12,23;


(11) shooting - ten



41:20;42:14;43:2; 53:10,18ten-day (1) 67:18tenure (1) 65:24term (6) 34:14,20;42:20,21; 50:6;87:9terminate (1) 32:17terminated (4) 28:1;32:23;60:3; 61:5termination (1) 9:13terms (5) 8:13;30:14;55:5; 57:1;88:6testified (1) 4:3testimony (8) 3:10;7:15,23; 39:17;58:24;84:10, 10;86:1texting (1) 60:15thorough (9) 21:4;30:6,18,20, 23;31:13,13;73:16; 89:10thought (4) 36:23;62:5;67:6; 85:2thoughts (1) 97:16thrashing (2) 37:4;40:2threatened (1) 62:3three (1) 39:10three-page (1) 24:6three-year (1) 71:10throw (1) 97:8ticket (4) 66:10,21;67:5; 90:20ticks (1) 50:22tied (1) 10:13till (3) 45:23;59:8;82:13times (6) 42:22;47:5;74:10; 77:22;78:6;80:1Timothy (1) 8:21today (25)

4:7;6:7,17;7:13,16; 10:14;13:19;15:8; 18:16;24:17;35:19; 39:18;46:13;48:22; 53:19;54:4;55:23; 58:6,24;60:9;63:7; 71:13;81:7;86:21; 90:20today's (2) 4:11,23together (2) 48:23;49:1told (10) 37:15,16;55:11; 67:2;68:11;77:8,17; 89:1,9;91:19tolerate (3) 77:5,11,15Tom (1) 6:23tongue (1) 10:13took (8) 15:2;69:8;70:12, 16;76:9;78:17;89:2; 91:21top (3) 36:19;53:24;65:15towards (1) 88:7town (2) 75:18;77:1TPD (1) 38:23trade (1) 94:15traffic (1) 66:10training (10) 34:8,9;47:14,16,20, 21,24;54:19;55:1; 78:9transcript (5) 3:9;18:10,13,18,23treated (2) 11:19;56:15Trial (2) 3:5;30:19Troy (58) 4:9,10;5:8;6:15,16, 22;7:5;8:2,10,19; 10:7;12:4;15:11; 18:3;19:16;22:3,17; 23:5,17,21;24:7; 31:15;34:24;36:9; 38:10;39:24;41:16; 43:2,7,14;44:3; 46:23;47:17;48:12; 51:1;53:1;55:17; 59:16;60:11;62:12; 65:18;67:23;69:14; 70:5,14;73:14,20; 74:14;78:17;79:20;

82:24;85:19;88:13; 89:14;92:4,15,22; 96:17true (1) 15:21try (1) 56:6trying (10) 18:4;34:21;36:7; 37:1;40:2,12;42:3; 50:19;84:24;96:12turf (1) 94:20turned (3) 29:11;66:5,6Tutunjian (4) 7:1;89:21;90:16; 92:19twelve (1) 46:5two (7) 8:4;20:21;37:15; 53:16,16;60:1,2twofold (1) 38:23two-page (2) 62:19,21types (1) 21:1

U

unauthorized (2) 39:1,23unavailable (1) 28:14unclear (1) 6:3under (14) 5:11;6:20;9:20; 16:15;18:6;33:16; 39:24;41:7,13;46:1; 54:20;58:7;72:23; 79:4understood (1) 6:5unfold (1) 29:13unfortunately (1) 14:8uniform (2) 44:23;54:20uniformed (3) 54:17,24;55:8union (1) 17:9Unit (9) 8:19;9:1;44:4;75:6, 7;94:10,24;95:17,24United (1) 67:20unless (4) 5:24;60:16;69:7;

72:21unsafe (1) 39:3unusual (1) 68:15up (13) 14:23;19:7,17; 36:18;47:11,12; 76:19;77:7;81:1; 82:17;88:23;94:15; 97:16ups (1) 88:16upset (1) 73:13use (28) 4:24;5:16;8:13,15; 22:22;34:14,20;35:1; 36:5;37:11;39:1,23; 41:22;43:4;47:16,19; 69:14;70:8;74:23; 75:10,14,24;77:15; 87:12;89:12;90:17, 18;97:15used (9) 6:19;17:15;24:20, 24;36:23;38:4;80:23; 88:6;94:21using (6) 35:5,22;38:24; 39:22;47:22;48:3usually (4) 29:11;30:2;34:6; 79:5

V

vacation (1) 34:17validity (2) 27:24;28:3Valley (1) 83:2various (1) 81:7vehicle (2) 39:3;40:3verbal (7) 4:13;50:4;75:2; 77:4,11;89:24;90:18verbally (1) 48:17verified (1) 75:4versus (2) 19:7;57:17viable (1) 41:9view (2) 70:6;94:11viewed (1) 73:16vigilant (1)

56:1violate (1) 90:6violated (2) 61:1;96:13violating (5) 59:6,12,16,23;60:5violation (2) 60:12,18voiced (1) 57:5voicing (2) 16:8;52:4

W

Wade (1) 60:17walk (2) 87:5,6wall (1) 62:2wants (1) 18:20warrant (3) 6:16;7:5,10waste (1) 26:11way (14) 14:7;15:8,10,19; 16:12;19:2;21:20; 26:14;28:18;31:22; 41:2;42:18;53:18; 89:7ways (2) 37:15;80:22week (1) 96:2weeks (1) 53:16weren't (1) 73:12what's (3) 10:24;78:4;96:5whole (2) 49:4;76:22whose (1) 65:2wide (1) 21:1wife (4) 61:9;62:3;63:17; 64:4wife's (1) 62:1William (1) 60:17willing (2) 28:21;29:1winter (1) 93:22withdraw (1) 16:13


(12) ten-day - withdraw



within (8) 20:13;33:17;38:14; 44:18,19;61:3;68:2; 95:11without (6) 11:13;28:24;33:1; 34:4;60:4;93:12witness (28) 5:17;15:22;17:8; 20:4;26:13;27:1,21; 32:11,22;39:13;41:4; 50:12;51:10;52:15; 56:6,11;57:21;63:23; 64:11;65:12;67:10; 68:19;69:5;72:2; 73:24;78:1;89:17; 98:1witnessed (1) 26:20witnesses (2) 25:19;26:4woman (4) 35:6,23;36:5;39:22women (1) 88:7Wontonmeano (1) 27:11wording (2) 22:24;23:2words (5) 5:16;73:19;74:6; 75:16;77:10work (3) 52:10;87:20;92:12worked (3) 82:4;90:12;91:16working (4) 44:3;82:24;88:15; 92:19works (1) 85:20wrap (1) 97:16wrapping (1) 88:23write (2) 68:23;86:20writing (2) 44:15;90:23written (4) 12:13;25:10;38:10; 92:1wrong (4) 7:7;47:6;62:6; 84:13wrote (4) 9:18;11:7,10;85:9

Y

year (1) 29:20years (13)

29:19;34:2,12,23; 41:20;42:14;43:2; 46:5;53:11,18;68:22; 69:4;74:18York (3) 3:9;70:14;96:12young (1) 89:17

Z

Zone (3) 29:21;30:5;31:9

1

1 (3) 9:17;10:1,1210 (2) 83:19,2210th (1) 74:1211 (2) 86:15,1611/22/2006 (1) 44:1112th (3) 11:6;12:5;84:2114th (2) 55:8;59:815 (1) 77:2216 (1) 84:1716th (1) 83:191994 (1) 82:131998 (2) 45:23;82:13

2

2 (4) 22:2,6,12,162000 (1) 87:62000s (1) 44:52002 (2) 55:9;59:82003 (2) 45:24;82:112005 (2) 22:18;70:182006 (7) 44:17;46:9;62:16; 83:7,20;84:17,212007 (3) 8:1;11:6;12:52009 (1) 74:202010 (10)

8:6;25:5;46:3; 53:19;55:9;59:10; 72:13;74:12,20;94:32011 (1) 62:92012 (1) 59:822nd (2) 8:6;44:1725th (5) 53:19;55:9;59:8; 74:12;94:3

3

3 (6) 22:11;23:18;24:2, 13,14;25:1330 (2) 68:2;95:136 (4) 29:19,20;68:21; 69:4

4

4 (2) 35:9,154:20 (1) 97:144:26 (1) 98:84:30 (1) 97:15

5

5 (7) 29:21;30:5;31:9; 38:18;39:6,7,10

6

6 (5) 44:10,12;49:16; 61:18,20

7

7 (3) 48:20;49:6,8

8

8 (1) 63:180s (1) 6:188th (1) 91:11

9

9 (4) 69:19,20,24,2490s (2) 44:5;82:14911 (4) 61:10,24;63:16; 64:3


(13) within - 911

tedesco deposition

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