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
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK ____________________________________________________ JAMES FOLEY, Plaintiff, -againstCHRISTOPHER POLLAY, CHARLES CASTLE, JOSEPH McNALL, GEORGE ANDERSON, JOHN TEDESCO and THE CITY OF TROY, Defendants. ____________________________________________________ EXAMINATION BEFORE TRIAL of the Defendant, JOHN TEDESCO, held at the Law Offices of Bailey, Kelleher & Johnson, P.C., Pine West Plaza 5, Suite 507, Washington Avenue Extension, Albany, New York, on Tuesday, August 14, 2012, commencing at 1:30 p.m; before Peggy Alexy, Shorthand Reporter and Notary Public in and for the State of New York. CIVIL ACTION NO. 11-CV-0724
AMF Reporting/Critcher Video (518) 482-9606
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APPEARANCES:
LAW OFFICES OF ELMER ROBERT KEACH, III, PC 1040 Riverfront Center P.O. Box 70 Amsterdam, New York 12010 BY: ELMER R. KEACH, III, ESQ. Attorney for Plaintiff
BAILEY, KELLEHER & JOHNSON, P.C. Pine West Plaza 5, Suite 507 Washington Avenue Extension Albany, New York 12205 BY: JOHN W. BAILEY, ESQ. Attorneys for Defendants
John Tedesco - August 14, 2012
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 AMF Reporting/Critcher Video (518) 482-9606 S T I P U L A T I O N S It is hereby stipulated and agreed by and between the attorneys for the respective parties hereto, that the Examination Before Trial is being held pursuant to the Federal Rules; that the Examination be conducted before Peggy Alexy, Shorthand Reporter and Notary Public in and for the State of New York; that the transcript of testimony may be signed before any Notary Public or other officer authorized to administer oaths.
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John F. Tedesco, having been first duly sworn by the Notary Public, was examined and testified as follows: BY MR. KEACH: Q. Chief Tedesco, my name is Attorney Bob Keach. a civil rights lawyer from Amsterdam. I am
I am here to
ask you some questions today about a civil rights lawsuit that has been filed by my client, James Foley, against four officers in the Troy Police Department, yourself, and the City of Troy. During the course of today's examination, I am going to pose spoken questions to you. You are The
going to need to give me a verbal response.
court reporter cannot take down a shake or a nod of the head. During the course of my examination, I
ask that you allow me to finish my question, and I will show you the same courtesy in return. That The
will avoid you and I talking over each other.
court reporter can't take us down talking over each other. And also, if we are talking over each
other, your counsel doesn't have an opportunity to interpose any objections. If during the course of today's examination you need a break for any reason, to use the AMF Reporting/Critcher Video (518) 482-9606
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bathroom, or get something to eat, because you are sick of sitting, you let me know and I will be happy to accommodate. All I ask you, sir, that you
do not ask for a break when a question is pending or when a document is on the table and I haven't finished. There is an exception to that. If there
is a law enforcement emergency that needs your attention in the City of Troy, you let me know and I will give you the break you need. Other than an
emergency situation, I ask you now the need for a break under the circumstances I detailed to you. Does that sound fair? Yes, it does. During the course of my -- or I am not a perfect examiner. questions. Sometimes I ask poorly phrased Sometimes I use words people don't
understand and I rely on the witness to tell me that I have done those things, and to say -- and to tell me they don't understand my question or they don't understand how it's phrased, or what have you. that. I can do a number of things in response to I can have the question read back. I can rephrase it. I can
restate it.
I can't do any of
those things unless you tell me there is a problem. AMF Reporting/Critcher Video (518) 482-9606
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Now, sir, in exchange for that, meaning you can tell me at any point in time you don't understand my question or my question is unclear, I am going to assume that if you answer my question that you understood what I asked. Yes. Chief Tedesco, have you been deposed before today? Yes, I have. And on how many occasions? Best of my recollection, on four cases. And can you tell me what those four cases are? One case dates back to the mid-1980s, it was an excessive force complaint. I was deposed. The Is that fair?
remaining cases, one is an action against me by the Troy Police PBA. Another was a case involving an
execution of a search warrant in the City of Troy, and I am here today. The excessive force case back in the '80s, was that an allegation that you had used excessive force? The officers that were under my supervision. a patrol sergeant at the time. The case with the Troy PBA, is that a case that's being defended by Tom O'Connor? Yes, sir, it is. AMF Reporting/Critcher Video (518) 482-9606 I was
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Q.
That's the Mayor Tutunjian is the defendant in that case?
A. Q.
Yes, sir, that's correct. Now, you said there is a case you have been sued as part of a search warrant in the City of Troy. Was
that in your official capacity as Chief of Police or just some allegation you did something wrong? A. No. I was an Assistant Chief at the time, and I
was in charge of the division that executed the search warrant. case. Q. All right. And then what was the fourth case; you I was not a named defendant in the
are here today? A. Q. Yes, sir. What did you do to prepare for your testimony today? A. Nothing. Bailey. Q. You had a brief conversation with Mr. Bailey, and I don't want to impugn what you talked about with Mr. Bailey. A. Q. A. Did you review any documents -I had a brief conversation with John
No, sir, I did not. -- to prepare for your testimony? I did not. AMF Reporting/Critcher Video (518) 482-9606
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Q.
Now, it is my understanding at late as 2007 you were the Assistant Chief in the City of Troy; am I correct about that?
A. Q. A. Q.
I was one of two, yes, sir. When did you become the Chief? I became the Chief April 22nd, 2010. And prior to your becoming the Chief of Police, did you ever raise any concerns that you had about the operation of the Internal Affairs Division of the Troy Police Department to anyone in city government?
A. Q.
Yes, sir, I did. And now just so we can use the same terms, I quoted the Internal Affairs Division. name that you use? Is there a formal
A. Q.
No.
That's a common name.
If I call it the Internal Affairs Division, you and I will understand we are talking about the Internal Affairs Unit of the Troy Police Department?
A. Q.
Yes. It is supervised by Timothy Bucanan now, Captain Bucanan now?
A. Q.
Yes, sir. Who did you communicate your concern about the AMF Reporting/Critcher Video (518) 482-9606
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Internal Affairs Unit to? I had numerous conversations with Chief, then Chief of Police Nicholas Kaiser. Anyone else? I believe I had spoken with former Corporation Counsel David Mitchell. I have to cut, I am not going to ask you anything -- just I am not going to ask you anything about your conversations with Dave Mitchell. In
the interest of rule disclosure, Mr. Mitchell is one of my clients. Yes, I am. He sued the city based on the termination of employment. I am not going to implicate the I am going to ask you, Are you aware of that?
privilege with him.
however, to look at a document that we will call that Tedesco Exhibit 1, and I just want to confirm that you wrote this, and ask you some general questions about the content of the document. I do
not under any circumstances want you to tell me any legal advice that you received from Dave Mitchell. Understand? Yes, sir, I do. Okay. AMF Reporting/Critcher Video (518) 482-9606
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(Tedesco Exhibit 1 was marked for identification.) BY MR. KEACH: Q. What is the caption of the case where you were deposed that involved the PBA? plaintiff is? Yes. PBA. Is this memo about a criminal investigation, is that discussing Mr. Fitzgerald, or -MR. BAILEY: Referring to Exhibit Number It is Robert Fitzgerald and the Troy Police Do you know who the
MR. KEACH: today. BY MR. KEACH: Q.
I am a little tongue tied
I apologize.
This talks about a criminal investigation.
Is that
a criminal investigation of Mr. Fitzgerald or of someone else? I don't recall who, but I am comfortable in saying I do not believe it was Bob Fitzgerald, Officer Fitzgerald. Now, did you, just yes or no, did you discuss concerns you had with the Internal Affairs Division with Mr. Mitchell beyond what's contained in this AMF Reporting/Critcher Video (518) 482-9606
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memo? On other issues or just conversations related to this issue? On anything. On any issues, not that I recall. Now, you say here in this date December 12th, 2007, that is you wrote this, those are your initials next to your name in the memo; correct? Yes, sir. You wrote this and you say that the Internal Affairs investigation in the department is suspect if not corrupted by personal relationships. Again,
without revealing any conversation you had with Mr. Mitchell, what did you mean by that? The parties named in this were -- had a close relationship with then Chief of Police Nicholas Kaiser. I did not have a good relationship with And I felt because
any of those parties involved.
of that, that I would not be treated in an objective manner pursuant to this matter. Why were you -- what role did you play in it? I believe they were seeking from me some form of a deposition or a statement, and I was concerned as to what may happen with that, so I wanted to get AMF Reporting/Critcher Video (518) 482-9606
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the advice of Mr. Mitchell as the Corporation Counsel. Do you feel that other Internal Affairs investigations conducted at the Troy Police Department prior to December 12th of 2007 were also corrupted by personal relationships? No. here. All right. It talks, it goes forward and talks My -- this memo pertains just to this incident
about the continuing relationship between the PBA and Captains Fernett and Paul, what are you referring to there? There was a -- this memo was written shortly after Officer Fitzgerald, I believe, was either elected or reelected to his position as PBA president, and as part of his campaign literature it stated, he boasted of his relationship with then Chief of Police Nicholas Kaiser. And as to the other
Captains Fernett and Paul, my relationship with them has been strained for quite some time. What do you mean? So Officer Fitzgerald boasted of
what, having a good relationship with the Chief? Yes. I guess if one were reading it, it would be
that he could get things resolved favorably, so to AMF Reporting/Critcher Video (518) 482-9606
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speak. Did the PBA have a good relationship with Captains Fernett and Paul as well? No. I think the relationship was average.
Did he -- well, it says here Officer Fitzgerald also boasted of having a close personal relationship with the Captain of IAB, correct, it says that here? That's what he boasted of. That's what you quoted in your memo? Yes. The Captain of IAB would be Captain Fernett and Captain Paul? No. The Captain of Internal Affairs would be I don't believe Captain Paul ever
Captain Fernett.
had that position. You are not -- I reviewed literature in this case. I mean, and I don't -- I promised Mr. Firth that we would get this done today, so I have a lot of big stack here. of it. I don't really want to go through all
But there are memos I have here reflected
that Captain Paul did Internal Affairs investigations at some point in time. Not to the best of my recollection, sir. AMF Reporting/Critcher Video (518) 482-9606
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Q.
You said you have had a difficult relationship with Captain Fernett and Captain Paul?
A. Q.
Strained, yes, sir. Start with Captain Paul. Why do you have a
strained relationship with Captain Paul? A. He was a former sergeant of mine when I was a patrolman going way back. Just never hit it off,
personality clashes, and unfortunately that carried through our careers. Q. A. How about Captain Fernett? Captain Fernett and I had a very strong disdain for each other. Q. A. Why is that? I had disciplined Captain Fernett on several occasions. Q. A. For what? I think it was one charge of insubordination when he was a patrolman. I forgot what the other one
was, to be honest with you. Q. Were those -- was that discipline related to Internal Affairs investigations, or was it more what I call administrative discipline, where like not showing up on time, you know, not having your hat on? AMF Reporting/Critcher Video (518) 482-9606
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A.
That was definitely administrative. to do with Internal Affairs.
It had nothing
When that took place,
I was a sergeant and Captain Fernett was a patrolman. Q. How does one get to be the captain for Internal Affairs? A. Q. A. Q. Is that a bid job?
Yes, sir, it is, by seniority. Is it still that way today? Yes, sir, it is. Do you feel that's the way it should be as the Chief of Police of the City of Troy? MR. BAILEY: MR. KEACH: Hold on one second. It wasn't very well phrased,
so I will give it another shot. MR. BAILEY: Yes. And, you know, I don't
interfere at all, but I don't know that the Chief's feelings about how things should be, I don't know if that is fair to the Chief. I
think that way, Bob, because the collective bargaining agreement calls for that; isn't that true? THE WITNESS: MR. KEACH: Yes, sir. But I am going to build a
better foundation, and I do think a question AMF Reporting/Critcher Video (518) 482-9606
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about his opinion is fair, and I will leave it at that. But I will build a better
foundation, and I am aware that is a collective bargaining issue. MR. BAILEY: I have no problem putting This man has to go back
this on the record.
and run a police department, and if he is voicing personal opinions on these subjects that are really policy decisions by people who are in a position -MR. KEACH: I will phrase it in such a That is fine.
way I don't go down that path.
I am going to withdraw the question. BY MR. KEACH: Q. Under the collective bargaining agreement, you have to bid for a position as the head of Internal Affairs; correct? Yes, sir. Do you know if there has ever been an effort to change that? Yes, sir. What efforts have been made to change that? I have asked the Mayor to consider in the collective bargaining agreement or contract AMF Reporting/Critcher Video (518) 482-9606
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negotiations to consider having that position based on my selection. MR. BAILEY: Now, with that said and
done, I am going to ask that this answer be, if you will, confidential. Because aren't
there collective bargaining negotiations going on? THE WITNESS: MR. BAILEY: Yes. And I don't want the union
to know while there is collective bargaining going on what the Chief's position is. So for
the purpose of a lawsuit, I have no problem with the answer standing, but I am going to ask that that question and answer be sealed until it needs to be used in this case, because I don't want it to affect the collective bargaining process that's going on right now. MR. KEACH: Off for a second.
(Discussion off the record.) MR. KEACH: We, Mr. Bailey and I spoke,
and I am aware of this the sensitivities of Chief Tedesco and his relationship with his subordinates. You know, the purpose of my
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litigation, or excuse me, of Mr. Foley's litigation is not to impugn Chief Tedesco's effort to supervise the Troy Police Department or impugn what he is trying to do to make change or impugn his opinions about, you know, certain issues. I will file under seal the
question and answer about this, the prior question and answer about collective bargaining issues, and although I am going to give the transcript to Mr. Bailey when this case is over, and invite him to review it with his client and determine what portions of the transcript he feels should be redacted from any public filing to address the important administrative issues that he raised to me today, and that I appreciate it. I
indicated to Mr. Bailey I will hold the transcript in confidence. We will have, you
know, I will look at whatever redactions he wants to make. And if there is some
disagreement about what should or should not be redacted from the public filing, hopefully there won't be, but the transcript will be held in confidence until we have that issue AMF Reporting/Critcher Video (518) 482-9606
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resolved before Judge Homer. MR. BAILEY: That's a fair way to
approach that, and I agree with that. BY MR. KEACH: Q. Chief Tedesco, why do you want that change in the contract, meaning you get to appoint who is in charge of Internal Affairs versus having it be up for bid? Because as Chief of Police, obviously, I need to have confidence in the person in the position. I
would certainly look for certain skill set, and a seniority bid does not afford me the opportunity to exercise those options. Did you have concerns in the past before you became Chief about who was in charge of Internal Affairs for the City of Troy? Not really, because I, up until I became Chief, Internal Affairs reported directly to the Chief of Police, so I really had no responsibilities or duties aligned with that position. Have you had those concerns since you became the Chief? Which concerns, sir? Meaning the concern of who is this charge of AMF Reporting/Critcher Video (518) 482-9606
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Internal Affairs. Yes, I do have some concerns. MR. KEACH: I am going to skip on as a
courtesy to you and your witness. MR. BAILEY: Again, we have got an
agreement, so if you, as long as you give me a chance to red line it and argue that it shouldn't be in the public domain, and that if we have a disagreement over it, we will let Judge Homer decide that, but -MR. KEACH: This line, or any follow-up I
ask to that, to this question will certainly fall within what should be redacted for the reasons we have discussed. MR. BAILEY: BY MR. KEACH: Q. What more concerns have you had about individuals that have been in charge of Internal Affairs since you have been Chief? The Internal Affairs function to me has to be one that, A, the public is confident in, and two, that the officers internally are confident in; that is, that it is objective. And I think to ensure that, Okay.
you have to have an investigator I think with a lot AMF Reporting/Critcher Video (518) 482-9606
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of experience and a wide exposed different types of cases. Someone that is not superficial in
feelings, if you will, and somebody that is thorough, and I think only a seasoned investigator can do that. Do you have any knowledge about Mr. Foley's case? Very limited knowledge, sir. Other than what I --
reports that I reviewed or conversations that I have had about it. Again, not exempting Mr. Bailey from any conversation you had, what kind of conversations have you had about Mr. Foley's case? I would have had a conversation with Deputy Chief McAvoy, Captain DeWolf, and include him in the investigation, and probably conversations with him during the investigation process. All right. Do you feel that there was an
appropriate investigation into Mr. Foley's claims? Yes, sir, I do. Why do you feel that way? Based on the outcome of Captain DeWolf's investigations and conversations with Chief McAvoy, and my review of the records. All right. AMF Reporting/Critcher Video (518) 482-9606
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MR. KEACH:
Just a moment.
We are going
to mark this as Exhibit Tedesco 2, which is, John, this is the Troy Police policy on civilian complaints. MR. BAILEY: Okay.
(Tedesco Exhibit 2 was marked for identification.) BY MR. KEACH: Q. Chief Tedesco, you are free to review the entire document, but I would like to ask you some questions about the part 3 of the document which is on page 2. Complaint." Yes, sir. Is this still, this document we have in front of us as Tedesco Exhibit 2, is this still in effect at the Troy Police Department, or have there been changes made to it since February of 2005? There have been changes made to it. Has any changes been made to the Classification of Complaint section? The best of my recollection, we still use the classification system, but I made modifications to some of the wording. AMF Reporting/Critcher Video (518) 482-9606 It's entitled "Classification of
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Q.
And based on your recollection, what modifications would you have made to the wording?
A.
Probably just language and grammar changes. don't recall specifically.
Q.
Does the current policy of the City of Troy on Internal Affairs --
A. Q. A. Q.
I'm sorry (phone call). You are free to take that. No. You are the Chief of Police in a major metropolitan area.
A. Q.
No.
Thank you.
I appreciate your consideration. It is no problem.
Leave it on as well.
(The Reporter read back the requested portion.) BY MR. KEACH: Q. Does the current policy of the City of Troy in the Internal Affairs still have class 3 complaints? A. Q. Yes, sir. And is the requirement of the current policy of the City of Troy that because those are serious complaints, that an extensive investigative effort is required? A. Yes, sir. AMF Reporting/Critcher Video (518) 482-9606
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Q.
I am going to show you what we are going to mark as Tedesco Exhibit 3, which is a memo from Captain DeWolf to Deputy Chief McAvoy about Mr. Foley's Internal Affairs complaint. Now, I believe that
there is a document attached at the end of this. It is a three-page document, at the end there is a letter that Mr. Foley provided to the Troy Corporation Counsel's Office. I am not sure if
that is part of this document or not, but I am going to mark it all as one. All right? It is how
it was produced to me in that order, but I don't know if that was in fact the case. MR. KEACH: Mark this as Tedesco 3.
(Tedesco Exhibit 3 was marked for identification.) BY MR. KEACH: Q. A. Q. Have you ever seen that document before today? Yes, sir. And you are aware that Mr. Foley alleges that your police officers used excessive force against him? A. Q. Yes, sir. Are you aware that Mr. Foley maintains that your officers caused him to have a collapsed lung as a result of the force they used against him? AMF Reporting/Critcher Video (518) 482-9606
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A.
No.
I -- well, best of my recollection, bruised
ribs, or something to that effect. Q. And Mr. Foley filed paperwork indicating he was complaining of excessive force with the Corporation Counsel's Office back in 2010; correct? your understanding? A. I don't know if it was through Corporation Counsel or with us. Q. But there was some sort of complaint Mr. Foley had filed that was written? A. Q. Yes, sir. That's at the end of the document we have marked as Tedesco 3? A. Q. Yes, sir. Now, do you know whether or not your Internal Affairs Captain ever interviewed Mr. Foley? A. Q. I do not. Do you know whether or not your Internal Affairs Captain ever interviewed any of the witnesses who were present during Mr. Foley's interaction with your subordinate police officers? A. I don't recall. I am sure I had a conversation Is that
with Captain DeWolf and Deputy Chief McAvoy, but I am not sure. AMF Reporting/Critcher Video (518) 482-9606
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Q.
I mean, this document speaks for itself, are you aware of anywhere in this document where it would reflect that Captain DeWolf interviewed any of the witnesses that were present when Mr. Foley had the interaction with your subordinate police officers?
A.
Just for clarification, are you asking me if that is stated in here?
Q.
I am asking you to your knowledge is it stated in there. want to. You are free to read the document if you I don't want to ask you about things that That's a waste of our
are obvious in the document. time. A. Q. Okay.
(The witness is perusing the document.)
I am going to phrase it a different way just to save us some time.
A. Q.
Sure. Do you believe that an effort should be made as part of an extensive effort to respond to a complaint of excessive force to interview civilians who witnessed the interaction between your police officers and a person complaining of excessive force? MR. BAILEY: ahead and answer. AMF Reporting/Critcher Video (518) 482-9606 Object to the form. Go
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THE WITNESS:
I think, I think if you
review an investigation as a progression, and I think as the investigation progresses it leads you there, then yes, sir, I would. BY MR. KEACH: Q. All right. Well, this document I have in front of
me reflects that Captain DeWolf only talked to certain individuals. He talked to someone from the
Rensselaer County Sheriff's Department about intake paperwork, and he talked to four of the officers involved, Foley, Castle, Wontonmeano (phonetic), and Anderson, and that's it. civilians. He didn't talk to any He
He didn't talk to the complainant.
didn't talk to another individual who was arrested at the same time, Shakeem Miller. to assume all those things. I am asking you
Do you feel that's an
appropriate investigation of an excessive force complaint? MR. BAILEY: answer it. THE WITNESS: I think, again, if I look Object to the form. You can
at things as a progression, there was nothing that we could tap into to believe there was any further validity to that complaint, so at AMF Reporting/Critcher Video (518) 482-9606
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that point he terminated his investigation. BY MR. KEACH: Q. How would he know whether or not there is validity of the complaint if he didn't even talk to the person who filed it? I believe, and I am going strictly from memory, I believe Mr. Foley did not come in but was requested to. Okay. effect. I haven't seen any documentation to that Do you know if there is any?
I don't know, but I recall having or I believe I recall having a conversation with either Captain DeWolf or Deputy Chief McAvoy, or both, that Mr. Foley was either unavailable or refused to come in and be interviewed. All right. That also is not reflected in this
summary that we have in front of us, or reflected in any way of the documents that I have seen about the case that Mr. Foley refused to be interviewed. So I am going to ask you the question again. Assuming Mr. Foley was willing to be interviewed, would it have been appropriate to close this investigation into excessive force against him without at least talking to him? AMF Reporting/Critcher Video (518) 482-9606
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A.
Oh, of course not.
If he was willing to be
interviewed, we certainly would have interviewed him. Q. I don't understand what you mean by progression. Can you explain that to me again -A. Q. A. Sure. -- so I can follow-up? Of course. When an officer responds to a call we If
commonly call that a preliminary investigation.
the officer discovers something during that, it is usually turned over to a detective, and we phrase that as continuing investigation. And as the
events unfold or are found during the course of an investigation, it, A, leads to B, and B leads to C. That's what I mean by the stages of the investigation, you follow things where they are taking you. Q. A. Q. Okay. How long have you been a police officer for?
36 and a half years. And during that 36 and a half year period, have you ever acted as an instructor at the Zone 5 Police Academy?
A.
Not a formal instructor, if you will. certified instructor.
I am not a
I do go over as Chief of
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Police, I hold -- I assist in the inspections process, and I usually give the recruits an open forum in their class, but I don't do any formal instruction. You are aware that the Zone 5 Police Academy teaches the importance of being thorough as a police officer when conducting an investigation; correct? Yes, sir. And you should get as much information as you can when you are investigating a crime? Yes, sir. Whether it is, in fact, whether it is good or bad in terms of whether or not you are going to arrest somebody; correct? Yes, sir. One of the reasons they do that is because if you don't do a thorough investigation and then there is a later trial, that can come back and bite the person who didn't do a thorough investigation; is that fair? Yes, sir. How would you have a thorough Internal Affairs investigation if there was no effort made by your AMF Reporting/Critcher Video (518) 482-9606
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Captain to interview people who actually saw what happened that night, I mean, apart from the officers? I don't know that there wasn't any effort made. Maybe the Captain didn't document it, but I am not -- I don't know whether or not, quote, any effort was made. I would assume knowing Captain
DeWolf that an effort certainly was made. But we can agree too that the Zone 5 Police Academy teaches the importance of maintaining documentation? Absolutely. Keeping thorough notes, making thorough memos? Yes, sir. Is it the practice of the Troy Police Department not to investigate claims of excessive force if the person filing the complaint won't be interviewed? No, sir, not at all. we can. We will take it as far as
Certainly if it would hamper any further
efforts, we will assume they will come in and be interviewed. Was that the way it was before you became Chief of Police, namely somebody wouldn't come in and be interviewed that their complaint was automatically AMF Reporting/Critcher Video (518) 482-9606
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closed? I don't know, sir. I wasn't involved in the
Internal Affairs process before becoming Chief. So then you are not aware that there are literally scores of instances of excessive force claims being raised with Internal Affairs that were not investigated because they could not get the person to be interviewed? MR. BAILEY: ahead and answer. THE WITNESS: Police? BY MR. KEACH: Q. A. Q. Yes. No, sir, I am not aware. Do you feel that is an appropriate practice, automatically terminate an Internal Affairs complaint because the person who was the subject of the excessive force couldn't be interviewed? MR. BAILEY: I object to the form. But Before I became Chief of Object to the form. Go
if you can answer it, go ahead and answer it. THE WITNESS: I don't think it should be Certainly the
abruptly terminated.
investigation continue as far as it would. AMF Reporting/Critcher Video (518) 482-9606
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But again, without having the complainant available for interview, it would be difficult to proceed. BY MR. KEACH: Q. You had some responsibility for Internal Affairs when you were the assistant chief, didn't you? No, sir. You didn't get any memos from Internal Affairs about, you know, about -- you didn't participate at all in the Internal Affairs investigation? No, sir. That was an ongoing point of contention
between myself and then Chief of Police Nick Kaiser. Why was that a point of contention? I felt as a division chief, which at the time I was either -- I was a patrol chief, that people under investigation within my division, I should be aware of it. Okay. And he didn't agree? No, sir.
Not at all.
Have you ever referred officers for an Internal Affairs investigation? Yes, sir. How many occasions? AMF Reporting/Critcher Video (518) 482-9606
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A. Q. A. Q.
Over the course of my career or -Let's say in the past ten years. Between five and ten. And just in general without giving me the names of the individuals, what would you refer someone for?
A.
Usually be an act of some sort of act of insubordination, maybe a dereliction, things in that category. Could be a training, something that
was found to be a training issue also. Q. A. Q. How about for excessive force? If it came to my attention, yes, sir. In the past ten years, how many officers have you been -- well, I will step back. I am going to When I use
define the term "serious discipline."
serious discipline, I mean discipline that goes to a notice of discipline, where that involves the loss, anything that involved loss of vacation time, pay, fine, above that level. I understand there is
counseling memos and stuff below that level, but if I use the term "serious discipline," do you understand what I am trying to say? A. Q. Yes, sir. Do you know in the past ten years has any officer from the City of Troy been subject to serious AMF Reporting/Critcher Video (518) 482-9606
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discipline for the use of excessive force against a civilian? Not to my knowledge. Are you aware that the defendant in this case, Officer Christopher Pollay was accused of using pepper spray on a woman who was handcuffed in the back of a patrol cruiser? I probably was at the time. I don't recall it now.
Show you what we will mark as Tedesco Exhibit 4. MR. KEACH: this for you. MR. BAILEY: MR. KEACH: I can get it. It was something Bill gave me John, I do not have a copy of
as part of Judge Homer's order. (Tedesco Exhibit 4 was marked for identification.) BY MR. KEACH: Q. Chief Tedesco, have you seen that document before today? I have some -- I do believe so, yes, sir. Does that refresh your recollection about Officer Pollay being accused of using pepper spray on a woman in the back of his patrol cruiser that was handcuffed? AMF Reporting/Critcher Video (518) 482-9606
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A. Q. A. Q.
Yes. Do you think that's appropriate? Absolutely. You would think it is appropriate for your subordinate officer to use OC spray on a woman who is handcuffed in the back of his patrol cruiser?
A.
Yes, who is trying to free herself and spitting on the officer, yes, I do, sir.
Q.
What kind of partitions do you have in Troy patrol cars?
A. Q.
Glass. And so how exactly is one to spit on an officer when there is a glass partition between the front and the back of the patrol cruiser?
A.
Depending on the patrol car, there could be gaps either in the bottom of the partition where the back of the headrest, if you will, on the front seat, or there could be a break in the partition up at the top where it meets. Okay. I have to look
at the partition in fact that was in that car at that time, but do I think that would be appropriate with someone spitting, absolutely. Q. I thought OC spray was only supposed to be used to subdue somebody? AMF Reporting/Critcher Video (518) 482-9606
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A. Q.
That is exactly what the officer was trying to do. But someone that is handcuffed in the back of a patrol cruiser is subdued?
A.
Not necessarily, sir.
If they are thrashing about,
there is certainly an injury that can occur to them. There is certainly an injury that can occur I would say that, you know,
to the officer.
handcuffs are not a foolproof method of having someone subdued. I think the officer's action in
this according to the document I have before me, I would say that is an appropriate use of pepper spray. Q. Well, he was counseled. discipline; isn't it? A. Counsel -- well, it goes two ways. counseling is not discipline. counseling is discipline. We are told Counseling is a form of
We are told
So I don't know exactly
what the definition is, but just because I don't agree with it, I mean, certainly if he was given a counseling deposition at the time. Q. Isn't that something that you would have to approve? A. Q. No, sir. Who would have to approve it? AMF Reporting/Critcher Video (518) 482-9606
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A.
That would have been directed by -- back then directed by the Chief of Police Nick Kaiser.
Q.
So what you are telling me is that you feel it is perfectly appropriate for this officer to have used pepper spray on someone who is handcuffed in the back of his patrol cruiser?
A.
Someone who is attempting to break out of the patrol car and is spitting at the officer, yes, sir.
Q.
Isn't it a written policy of the Troy Police Department that somebody who is handcuffed should not be pepper sprayed?
A.
I would have to review the policy, but I don't believe within that policy there is any prohibition. There may be a caution to it, but I
don't believe it is prohibited. Q. All right. Well, I will show you what we will mark
as Tedesco Exhibit 5, and I will just read you the part of it. A. Q. Sure. You are free to read it, if you like. But it says
here, this is from Chief Kaiser to Captain Owens. My concern is twofold, according to TPD policy using OC spray to control a handcuffed prisoner is AMF Reporting/Critcher Video (518) 482-9606
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cited as an example of unauthorized use of OC. Equally as important, it would seem to me driving a vehicle exposed to OC spray is more unsafe than the spitting situation. MR. KEACH: 5. (Tedesco Exhibit 5 was marked for identification.) MR. KEACH: Let the record reflect I will mark this as Tedesco
Tedesco 5, I think, is a three or four page document. I am only going to ask the Chief
about the first page. (The witness is perusing the document.) BY MR. KEACH: Q. A. Q. Sir, you see where it says that; right? Yes, sir. All right. So I take it based on your testimony
today you would not agree with what Chief Kaiser said should occur here? Yes, sir, that's correct. You would not agree with Chief Kaiser's assessment that using OC spray on a woman who is handcuffed in the back of a patrol cruiser is an unauthorized use of force under Troy PD's policies? AMF Reporting/Critcher Video (518) 482-9606
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A.
With the added elements of her spitting on an officer and thrashing about and trying to escape from the vehicle, yes, sir.
Q. A.
Should someone be tasered for that? It would depend on the options available to the officer. Certainly taser would be another less Yes, sir.
legal option. Q.
So someone should be tasered because they spit on a police officer? MR. BAILEY: said. MR. KEACH: combative. I am not trying to be That is not what the Chief
I want to be fair.
BY MR. KEACH: Q. Do you feel that someone in this situation should be tasered, someone who is in the back of a patrol cruiser, handcuffed, spitting on a police officer? MR. BAILEY: Just so I understand your
question, you are saying, you are asking the Chief whether or not if this person had been tasered, that is acceptable? MR. KEACH: MR. BAILEY: the form. Yes. All right. I do object to
It does call for the Chief to
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speculate on something that didn't happen. But go ahead, Chief, the best way you can, answer the question. THE WITNESS: In concern for the officer
and the blood borne pathogen of someone spitting on you, I certainly wouldn't recommend it under normal circumstances. But
in this case, I would have to consider that it may have been a viable option. BY MR. KEACH: Q. A. Q. Counseling is different than discipline; right? That's my understanding, sir. All right. And there are circumstances under which Yes, sir.
you get to a notice of discipline? Yes, sir. And there have been officers in the Troy Police Department that have been subjected to notices of discipline; fair to say? Yes, sir. Do you know if in the past ten years, has an officer ever been subjected to a notice of discipline for the excessive use of force or an allegation of excessive force? Not that I recall, sir. AMF Reporting/Critcher Video (518) 482-9606
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Q.
Has an officer ever been subjected to a notice of discipline for referring to you as a -- and this is quote from the document, I am not trying to insult you, probably already know what it is.
A. Q.
It is something I have been called before so --- a little Guinea cocksucker, are you aware of someone being subjected to a notice of discipline for referring to you as a "little Guinea cocksucker"?
A.
I believe it was Captain Robert Cipperly, C-I-P-P-E-R-L-Y.
Q.
Has an officer ever been subjected to a notice of discipline for being discourteous to the public, in the past ten years is the time period?
A.
Just I am going to ask for clarification.
Notice
of discipline meaning charges and specifications have been filed, or just -Q. Maybe a better way to say it is subjected to serious discipline. discipline before. We talked about serious Because maybe the term of
notice of discipline isn't the right term, because a lot of times there is a negotiation of in lieu of notice of discipline. questions again. AMF Reporting/Critcher Video (518) 482-9606 I will step back and ask my
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Has there ever been an instance in the past ten years when an officer of the Troy Police Department has been subjected to serious discipline for the excessive use of force? Not to my knowledge. Has there ever been an incident where a police officer in the City of Troy has been subject to serious discipline for being discourteous to members of the public? No, sir, not to my knowledge. There have been instances, however -- well, are you aware of there being instances where Internal Affairs investigations have sustained claims that your Troy police officers have been discourteous to members of the public? I am going to answer I am not aware of any, only because of my lack of association, lack of an association with Internal Affairs before I became Chief of Police, so I am not aware of any. All right. of Carello? Yes, sir. And how do you know Officer Carello? I have known now Sergeant Carello for an extensive AMF Reporting/Critcher Video (518) 482-9606 Are you aware of an officer by the name
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period of time.
I knew him when he was an officer
with the North Greenbush Police Department, and obviously working with him in the City of Troy. He
was an officer of mine in the Community Police Unit back in the late '90s and early 2000s. And have you ever communicated with Chief Kaiser about Officer Carello's conduct? I may have. I don't recall a specific instance.
I will show you what we are going to mark as Tedesco Exhibit 6, which is a memorandum from Chief Kaiser to yourself, 11/22/2006. (Tedesco Exhibit 6 was marked for identification.)
BY MR. BAILEY: Q. Why is Chief Kaiser writing to you and detailing about counseling for Officer Carello in this memo dated November 22nd, 2006? Because that was within my division. Officer
Carello's assignment was within my division of responsibility. What was your division? Operations Division. I was in charge of all the
uniform and investigative forces. What other divisions are there? AMF Reporting/Critcher Video (518) 482-9606
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A.
At that time there was what we call the administrative or Support Services Division, and budgeting, planning and analysis, all your support services.
Q.
So a detail, you would agree with me, this memo details Officer Carello being discourteous to a member of the public?
A. Q.
Yes, sir. Now it says here that there have been, that this officer received several counseling memos in the past which deal with his behavior. what that is referring to? Do you know
A. Q.
No, sir, I do not. Do you have any knowledge that Officer Carello had any problems before receiving this memo?
A. Q.
No.
No, sir.
And it also says here, "This is not the first time we have received complaints about this officer's negative demeanor and behavior." knowledge of that? Do you have any
A. Q. A.
Not that I recall. How long did you supervise Officer Carello for? I would say during the period from 1998 till I was promoted to as Assistant Chief in 2003, directly AMF Reporting/Critcher Video (518) 482-9606
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supervise him, obviously, he became under my general supervision. So you became the Chief in 2010? Yes, sir. So you supervised the man for roughly twelve years? Yes, sir. You are not aware of any of the issues that are raised by Chief Kaiser in his memo to you from 2006? No, sir. Sergeant Carello, then Officer Carello,
was very well received by the community police and assignment, and he continues to be well received today, so I am not. All right. Reviewing this memo, do you think that
counseling was the appropriate thing that should be done relative to Officer Carello's conduct given Chief Kaiser's perceptions of his past problems? I have to see the past complaints, and the, you know, what the outcomes of the complaints were really to properly answer that. All right. Well, if someone -- I mean, how does
it -- do you employ progressive discipline at the Troy Police Department? Yes, sir. AMF Reporting/Critcher Video (518) 482-9606
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Q.
Counseling is supposed to be kind of like at the bottom of progressive discipline; isn't that right?
A. Q.
Yes, sir. So if someone has received -- as one of your subordinates, how many times with somebody doing something wrong would you counsel them before you take more determinant action against them?
A.
I would probably on the second time if the counseling memo didn't correct it the first time and it continued on, then I would probably step it up.
Q. A.
How would you step it up, to what? Probably charges and specifications, or more training depending on what the issue is.
Q.
All right.
Are you aware of anyone receiving
additional training as it relates to the use of force in the Troy Police Department? A. All of our officers in our annual in-service school, we go over the use of force as part of our range training. Q. No. No. I don't mean in-service training. I mean
someone that has had a problem with using force and was taken aside and required to attend additional training. AMF Reporting/Critcher Video (518) 482-9606
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A. Q.
I don't recall, sir. What happened to Captain Cipperly when he referred to you using that Italian insult?
A.
I don't think I brought the charge against him. don't think that was me. received any discipline. but I really don't know. I really don't think he
Maybe a counseling memo, I don't remember going to
a hearing on this or anything like that. Q. Do you know whether or not he got a notice of discipline? A. I am going to clarify something. We have what is
called in Troy Police Department a notice of infraction, which an officer has to agree to as a resolution of discipline. Then we have counseling
memorandum, which the officer doesn't have to agree to. So I don't know if he received either of
those, to be honest, or if he was just verbally admonished. MR. KEACH: Exhibit 7. I am going to mark Tedesco
Now let the record reflect this is And in the effort to
a five-page document.
get down here today, my paralegal probably stapled a bunch of things together that she shouldn't have. There is a couple of memos
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stapled together as well. you.
I am going to show
I am going to mark it anyway because These are all
it is already stapled.
documents about this whole deal with Cipperly and his comments. Mark it as Tedesco Exhibit
7, and then ask you some questions about it. I am going to direct you to the last page. (Tedesco Exhibit 7 was marked for identification.) BY MR. KEACH: Q. A. Is that a notice of discipline? We call it charges and specification, and it is certainly commences what we have agreed to would be a formal process of discipline. All right. So would you agree now, do you still
have, I think it was Exhibit 6, the memo about Officer Carello? there? Yes, sir. All right. Would you agree with me that Chief Do you still have that one over
Kaiser documented in this memo several instances where Officer Carello had been discourteous to members of the public? Yes, sir. AMF Reporting/Critcher Video (518) 482-9606
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Q.
Do you agree with me that this memo details how Officer Carello in fact followed someone into the parking lot of a convenient store to get into a verbal exchange with them?
A. Q.
Yes, sir. Do you believe that referring to you as in a term that insults your Italian heritage is more severe than Officer Carello's repeated instances of being discourteous to the public? MR. BAILEY: answer. THE WITNESS: discourteous. I think either one is Object to the form. You can
I don't think one rises above Certainly we have a
occasions of the other.
code of conduct, which obviously this references, but the code of conduct also covers Sergeant Carello. BY MR. KEACH: Q. Here is what I am trying to figure out. Captain
Cipperly is in an argument with somebody, loses his composure, you know, makes comments like, you know, fucking cry babies, like fucking ticks, and then comment about your Italian heritage, that's something that rises to the level of formal AMF Reporting/Critcher Video (518) 482-9606
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discipline in the Troy Police Department, do you feel that that was appropriate? Yes, sir. And yet Officer Carello is repeatedly discourteous to members of the public and that does not rise to the level of formal discipline, do you feel that is appropriate as well? MR. BAILEY: answer. THE WITNESS: I do not. If I were Chief Object to the form. You can
of Police at that point in time, I would have instituted charges and specifications. BY MR. KEACH: Q. A. Q. Do you know why that wasn't done here? No, sir, I don't. Did you ask given that this memo was sent to you that Officer Carello be subjected to charges and specifications for his conduct? I don't believe I did. Why not? Because it was a directive from my superior. Did you check -- did you have a conversation with Chief Kaiser about this at all? I don't recall. I don't believe so.
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Q.
Is that something you had done in the past, if you don't agree with something the Chief is doing to at least tell him as much?
A.
I'm noted for voicing my opinion, but my relationship with Chief Kaiser did not allow for that.
Q.
You are aware of what happened with Captain Bouchard; correct?
A. Q.
Yes, sir. Does Captain Bouchard still work for your department?
A. Q.
No, sir, he does not.
He retired.
He retired in lieu of being fired; correct? MR. BAILEY: THE WITNESS: If you can answer that. I know there were I don't know
disciplinary charges pending.
what the punishment sought was. BY MR. KEACH: Q. Well, you are aware that there was a problem with Captain Bouchard relative to securing a statement from a criminal defendant in a murder case? A. Q. Yes, sir. And that those -- and that his actions in that regard is what led to him losing his employment AMF Reporting/Critcher Video (518) 482-9606
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with the City of Troy? Yes, sir. And then also involved in that was Detective Sergeant Centoni (phonetic)? Centoni, yes, sir. And Mary K. O'Neil, a sergeant? Yes, sir. Now apart from Captain Cipperly, Captain Bouchard, Detective Sergeant Centoni, and Sergeant O'Neil, have there been any other instances in the past ten years when someone has been subjected to serious discipline as a result of an Internal Affairs investigation? Yes, sir. How many? Well, I settled one two weeks ago. officers with charges pending. A better way to phrase this would be from ten years ago today until June 25th of 2010, do you know of anyone besides those four officers, Cipperly, Bouchard, Centoni and O'Neil, that were subjected to serious discipline as a result of an Internal Affairs investigation? I don't recall off the top of my head. AMF Reporting/Critcher Video (518) 482-9606 I would I had two other
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have to look at the records for that. I understand. Do you have any recollection of
anybody beside those four individuals? Sitting here today, I don't. And the individuals that would be subjected to an Internal Affairs complaint, they would be your subordinates, wouldn't they, when you were Assistant Chief? Yes, sir. I mean, does Internal Affairs deal with the budget people, or the people in the other division that you talked about? Would they be subject to an investigation? Yes. Of course. Were any of those individuals in the other division uniformed officers? It kind of goes by who is the chief at the time. My planning and analysis and training captains are uniform positions. Chief Kaiser. that one. So but that back when Chief Kaiser was in charge, those individuals, they were not uniformed AMF Reporting/Critcher Video (518) 482-9606 That was not the case under
So there is no hard and fast rule on
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officers, the training captains? No, sir. I think it was pretty much left to their
discretion. Did any of those individuals have interactions with the public in terms of conducting arrests or anything like that? Not in the normal course of their duties. Now, have any uniformed officers from August 14th of 2002 until June 25th, 2010, if any of those officers had been subjected to formal discipline, you would have been told that because they were your subordinates; correct? Not necessarily, no. Would you have heard about it? I may have heard about it through the rumor mill, yes, which I think is inappropriate, but yes. There is, Troy Police is just like every other police department, they have got all kind of rumors and gossip flying around all the time; right? Absolutely. And you can't recall anybody in that time period that has been subjected to -Not sitting here today. All right. Do you feel as Chief of Police that you AMF Reporting/Critcher Video (518) 482-9606
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are more vigilant in enforcing police officer discipline than your prior supervisor, Chief Kaiser? MR. BAILEY: ahead and answer. THE WITNESS: I try to be more Object to the form. Go
consistent, yes, sir. BY MR. KEACH: Q. You feel that Chief Kaiser was inconsistent? MR. BAILEY: THE WITNESS: in my approach. BY MR. KEACH: Q. Were there instances when someone that had a friendly relationship with Chief Kaiser was treated in a more gentle fashion than someone who was not? Based on my personal experiences? Yes. In an incident involving me, yes. And that was the comment about your Italian heritage or something else? No. It was an incident I had with Captain Fernett. Object to the form. I think I am more objective
The Chief handled it, and I don't feel that I was given a fair shake. AMF Reporting/Critcher Video (518) 482-9606
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Q.
And just in general terms, what was the problem with you and -- was it an insubordination issue?
A.
Yes.
It was, yes, sir.
It involved an audit in
the property room, and I did not feel being conducted in an efficient manner. concern to the Chief. Fernett. I voiced my
He went back to Captain
Captain Fernett came in my office and
acted in what I felt to be insubordinate in an appropriate manner, and I asked that he be charged. Q. Including your memo that we talked about before that you gave to Dave Mitchell, you put in that memo that the head of the PBA was bragging about his relationship with the Chief and the Internal Affairs Bureau Captains. Do you feel that
Mr. Fitzgerald was able to get better results for his subordinate officers involved in internal investigations from Chief Kaiser versus what he would have gotten from you? MR. BAILEY: answer. THE WITNESS: I think Chief Kaiser would Object to the form. You can
have been more open to his suggestion. BY MR. KEACH: Q. Did Chief Kaiser take -- did Chief Kaiser take AMF Reporting/Critcher Video (518) 482-9606
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excessive force complaints seriously? Yes, sir. MR. KEACH: Off the record.
(A short recess was taken.) BY MR. KEACH: Q. In your capacity as Chief today, have you seen prior Internal Affairs reports about officers under your supervision, I mean prior to you becoming a chief? Yes, sir. Some.
And the ones that you have reviewed, would you have handled those the same or differently than your predecessor, Chief McAvoy? MR. BAILEY: Chief Kaiser you mean?
BY MR. KEACH: Q. A. Sorry. Chief Kaiser.
I don't believe I discovered anything that would have caused me to take a different course of action. Now, you talked about officers that you were currently disciplining? Yes, sir. Are any of those officers that we have talked about today in your testimony? AMF Reporting/Critcher Video (518) 482-9606
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A.
No.
No, sir. MR. KEACH: Off the record for a second.
(Discussion off the record.) BY MR. KEACH: Q. Are you aware of an instance where one of your subordinates was caught violating an order of protection from the time period of, you know, August 14th of 2002 till September 25th of 2012? A. Q. There has been a couple, yes, sir. Excuse me. 2010. Thank you.
And you would agree with me, sir, that violating an order of protection is a crime; isn't it? A. Q. Yes, sir. And in fact that's a very frequent criminal charge in the City of Troy would be violating an order of protection? A. Q. Yes. Criminal contempt second degree, or criminal contempt first degree; correct? A. Q. Yes, sir. Do you know if either one of those officers that were caught violating an order of protection was subjected to serious discipline? AMF Reporting/Critcher Video (518) 482-9606
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A.
Yes.
Two.
One of which was -- actually, I will I believe that two were arrested, One was recently
take that back.
subsequently terminated. suspended without pay. Q.
Were there individuals who were caught violating an order of protection who were not subjected to serious discipline?
A.
Not to my knowledge, not that I can recall here today.
Q.
Did you ever hear about an officer sending repeated text messages to someone from his Troy Police telephone in violation of an order of protection?
A.
I am going to -- I am going to say no, only because the majority of our officers in fact don't -- we don't have texting services. So I am not sure on
that unless you want to clarify that. Q. A. William Wade, Senior? I am aware of the violation of the order of protection. Q. A. Q. A. Q. I was present at his arrest.
He was arrested? Yes, sir. By your department? Yes, sir. And how long after it was learned that he had AMF Reporting/Critcher Video (518) 482-9606
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violated an order of protection was he arrested by your department? It was brief. days. Was he one of the individuals that was terminated? Yes, sir. Well, I think the resolution was the I am going to say within several
settlement was after he retired. How about an officer who had had a physical altercation with his estranged wife and then called the Rensselaer County 911 center and asked them not to respond to her call for help? I don't recall that. Didn't we talk earlier about Officer Carello? Yes, sir. Isn't that the gentleman? memo. He was the subject of a
I don't know what exhibit number that was. MR. KEACH: MR. BAILEY: What is that, John? 6, I think.
BY MR. KEACH: Q. Would have been Tedesco 6. Carello before; right? Yes, sir. Are you aware that Officer Carello had contacted the Rensselaer County 911 center and asked them not AMF Reporting/Critcher Video (518) 482-9606 We talked about Officer
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to respond to his wife's call for help after he had ripped a phone out of the wall, otherwise threatened his estranged wife? Not that I recall that. To the best of my
knowledge, I thought they lived in Albany County when he was married, but I could be wrong. All right. Who is A. Magnett?
That would have been Anthony Magnetto, who retired June of 2011 as the Operations -- Assistant Chief in charge of Operations. All right. So he was like your compatriot on the
other side of the Troy PD? No. Actually he filled my spot when I got promoted
to Chief. Okay. What capacity did Mr. Magnetto fill in in
March of 2006? I think he was -- at that time I think he was a Captain. All right. document. minute. mail. I am going to show you a two-page I am just going to step out for a
So mark this as a two-page electronic It is from Chief Tedesco to Nick Kaiser, and
Mitch Paurowski, and then forwarding a message from Anthony Magnetto. AMF Reporting/Critcher Video (518) 482-9606
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(Tedesco Exhibit 8 was marked for identification.) BY MR. KEACH: Q. A. Q. Are you ready to proceed, sir? Yes, sir, I am. Chief Tedesco, have you seen that document before today? Yes, sir, since it is addressed to me. And does that refresh your recollection about Officer Carello's conduct? No, it does not. incident. Well, would you agree that that e-mail that you forwarded on to Chief Kaiser reflects allegations against Officer Carello that he had attempted to interfere with a 911 response to the home of his estranged wife? Yes, sir. That's a pretty serious thing for a police officer to do; isn't it? MR. BAILEY: answer. THE WITNESS: Yes, sir. Object to the form. You can I really don't recall the
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BY MR. KEACH: Q. Do you know what happened to Officer Carello as a result of attempting to have canceled a 911 call to the home of his estranged wife? A. Q. I don't recall, sir. What discipline, if those charges were sustained, what discipline do you feel Officer Carello deserved as one of your subordinates? MR. BAILEY: answer. Go ahead. Oh, well, I certainly would I Object to the form. You can
THE WITNESS:
have instituted charges and specifications. probably would have relieved the officer of duty, taken a look at his record, and then made a decision as to what I felt was appropriate discipline. BY MR. KEACH: Q. You feel that counseling memo would have been an appropriate response to those allegations? A. Q. No, sir. I am just going to show you a document. going to mark it. I am not
I am going to show for the
purposes of determining whether or not it is your signature. AMF Reporting/Critcher Video (518) 482-9606
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A. Q. A.
No, sir. Do you know whose signature that is? Sergeant Officer Carello, and if my memory serves me correctly, I would say that was probably Mitchell Paurowski's signature as his supervisor.
Q.
Okay.
Thank you. MR. KEACH: will. If you want me to mark it, I
I am not going to ask him any questions
about it on that. MR. BAILEY: MR. KEACH: No. Would you let the record
reflect I asked the witness about a memorandum from Mitchell Paurowski to Officer Carello. Seek and you shall find. I am sorry. I
should look at the top of the document before I asked you that. BY MR. KEACH: Q. Are you aware of an incident where a Troy police officer shot someone because they had a pistol in a butt pack, dropped the pistol and shot somebody in the arm? A. Q. A. No, sir. Never heard about that? Not my tenure. I only recall one officer related
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shooting during my career. And what was that about; is that -It was during the course of a burglary, response to a burglary. There was a suspect carrying a
screwdriver, turned and advanced on the officer, the officer then turned and started to retreat, and the officer shot him in the buttocks. Okay. How about an officer who invited an --
indicated to a female driver that he could get rid of her traffic ticket if she went on a date with him, did you ever hear about that? No, sir. Not that I can recall anyway.
Officer -- didn't you indicate to me one of the officers was Officer Connurs (phonetic)? an officer -- go off the record. (Discussion off the record.) There was
BY MR. KEACH: Q. Do you have any recollection of Officer Connurs or Sergeant Guido Gabriel being involved in that sort of interaction with a female driver calling her, talking about getting out of a speeding ticket if she would go on a date with Officer Connurs? I do have recollections of that, yes. All right. How did you learn about that? AMF Reporting/Critcher Video (518) 482-9606
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A.
If I remember correctly, I think Chief Kaiser told me.
Q. A.
And what did he tell you? I think something to the effect that they were investigating Gabriel for agreeing to fix a ticket for somebody to go on a date. with him. I thought he said
Maybe it was Officer Connurs.
Q.
That's a pretty serious charge too; isn't it? MR. BAILEY: THE WITNESS: Object to the form. My opinion, yes.
BY MR. KEACH: Q. If you were faced with that charge and concluded that it was accurate, how would you have addressed it? A. Well, again, any time I decide on a disciplinary issue, I look at the officer's record. But
certainly something like that, I would probably look to take either ten-day suspension, or if the officer had a history, probably dismissal. Q. Have you ever seen a letter that United States District Judge Gary Sharpe sent to Chief Kaiser about the jury's -- a jury's opinion of Internal Affairs procedures in the City of Troy? A. Yes, sir. AMF Reporting/Critcher Video (518) 482-9606
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Q. A. Q. A. Q.
When is the first time you saw that letter? Within the last 30 days. Did you ever see it before then? No, sir. Did you ever have any knowledge of the fact that it was received?
A. Q.
I heard that there was a letter from Judge Sharpe. And what did you hear beyond that there was a letter from Judge Sharpe?
A. Q.
Just something to do with Internal Affairs. All right. than that? Were you told anything more specific
A. Q.
No, sir. And you would agree with me that it is a pretty unusual situation for a police chief to get a letter from a federal judge? MR. BAILEY: Object to the form.
Whatever your experience is in that regard. THE WITNESS: BY MR. KEACH: Q. Have you ever seen that before? In your 36 and a My experiences, yes, sir.
half years as a police officer, have you ever seen a federal judge write to a police department and raise an issue about the conduct of the affairs of AMF Reporting/Critcher Video (518) 482-9606
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the police department? MR. BAILEY: ahead and answer. 36 years? THE WITNESS: No, but I wouldn't. Object to the form. Go
Have you seen that in your
Somebody at the bottom rank certainly wouldn't be privy to that, unless again the rumor mill took it there. But to answer your question, I
have not seen it, sir. BY MR. KEACH: Q. Would you agree that that letter indicated concerns that a jury had of the -- concerns that jurors had about the fact that there was no effort made by the Troy Police Department to investigate use of force complaints? I don't recall. I remember the letter in general.
I don't know if that was the specific gist of it. MR. KEACH: Tedesco 9. (Tedesco Exhibit 9 was marked for identification.) BY MR. KEACH: Q. Showing you what we have marked as Tedesco Exhibit 9 from Judge Sharpe, Tedesco Exhibit 9, a letter AMF Reporting/Critcher Video (518) 482-9606 We will mark it as Exhibit
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from Judge Sharpe to Chief Kaiser, and where the jurors had heard proof in a case, a serious case involving a man who had been -- that had suffered brain damage as a result of being arrested by the Troy Police Department, it indicated that, quote, "It was their distinct view, however, that there was no real effort by Internal Affairs to investigate those complaints," referring to use of force complaints. Yes, sir. All right. And do you know what action Chief Do you see that?
Kaiser took in response to getting that letter from now chief judge of the Northern District of New York indicating the juror's perceptions of Troy PD policies? I am not aware of any action that he took, sir. Was there any change in -- was there any change in the early 2005 about who was in charge of Internal Affairs? No. That stayed directly in the Chief of Police.
When you say it stayed directly in the Chief of Police, what do you mean? That was the chain of command. The Internal
Affairs Captain rather than reporting to an AMF Reporting/Critcher Video (518) 482-9606
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Assistant Chief, reported directly to him, to the Chief. Was there any change in who was in charge of Internal Affairs, meaning the Internal Affairs Captain at that time? I am assuming at some point in time there was a change, because every time someone gets promoted to the rank of Captain, what is called a rebid, there was a point in time where the Internal Affairs Captain had to stay in their bid for a three-year period. sure. To answer your question, I am really not I would have to look at the former bids.
But to you as you sit here today being the Assistant Chief at that time, you are not aware of the Chief taking any action to address the concerns raised in Judge Sharpe's letter; correct? Yes, sir. Meaning I am correct, you are not aware of any action taken? I agree with you. How would you have responded if you had received this letter from Judge Sharpe in your current position as Chief? MR. BAILEY: Object to the form. Go
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ahead. THE WITNESS: I would of initiated and
continued on in my argument that this is a position that does not lend itself to a seniority bid. BY MR. KEACH: Q. A. Anything else? I probably would have expanded the position, if I could have, to include a sergeant as a part-time position for when you do have an extensive investigation, someone to assist. What resources does the Internal Affairs Captain have? What resources did they have in June of 2010
at the time of the incident in question here? What do you mean by "resources"? Well, I didn't phrase it very well. you, sir. Okay. Do they have any subordinates as the Internal Affairs Captain? Not directly unless one is assigned by myself or the Deputy Chief. And under what circumstances would someone be assigned by either yourself or the Deputy Chief? AMF Reporting/Critcher Video (518) 482-9606 I agree with
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A.
Depends on the breadth of the investigation.
We
will also assign someone to assist when we are in the hiring process, do background investigations, which are quite extensive. Q. Beyond background investigations, if there is a major investigation, a large investigation. right? All
And but other than that it is a solitary
job, it is just that person being Internal Affairs Captain? A. Yes. That is one of the things that I feel does
not lend itself to a seniority bid. Q. Does, and I understand you weren't the Chief at the time this letter was sent to you, but does it upset you that citizens have that opinion about the Troy Police Department's Internal Affairs Division? A. I would rather they viewed it as thorough, yes, sir. Q. Have members of the public ever said to you in words or substance that the Internal Affairs Bureau doesn't do a good job of policing Troy police officers? MR. BAILEY: ahead and answer. THE WITNESS: That's a common complaint Object to the form. Go
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that you get from complainants.
You know, we
have a lady who regularly comes to the City Council meetings, and during the public address system always raises that issue. BY MR. KEACH: Q. What does she say in words or substance about the Internal Affairs Division? People file complaints, nothing gets done, et cetera, et cetera, but she has been asked numerous times to cite examples, and she has not. Are you aware of any instances prior to June 10th -- June 25th of 2010, where Internal Affairs complaints were lodged and no action was taken by the Troy police? Am I aware, sir? No.
It has been represented to me that the number of complaints to Internal Affairs has dropped precipitously from the past several years -Yes, sir. -- in 2009 and 2010, do you know why that is the case? Yes, I do. I think I am part of the reasons. One
of the first things I did was to address the use of excessive force with the department, myself, and AMF Reporting/Critcher Video (518) 482-9606
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then Chief Manwell, we addressed it at roll calls, we addressed that, we addressed issues of verbal abuse, things that we felt were demeaning to the agency, not that they were verified, but things that we had heard. And also we had had a street
crime unit that generated -- that was a very aggressive patrol unit that had generated a lot of complaints, and that was disbanded. What did you do when you became Chief do address use of force? We went to the roll calls, and at staff meetings we said there would be we certainly understand what takes place in the streets and things like that, but then any exercise of the use of physical force had to be, A, legal, and B, reasonable. Was that words or substance you letting your subordinate police officers know there is a new sheriff in town, things are going to be done differently? Yes. The sheriff would support them; however, I
will support them only so far, you have to be correct in what you are doing. Do you feel that there have been incorrect applications of the use of force before you became AMF Reporting/Critcher Video (518) 482-9606
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Chief? I can't -- I can't pinpoint any. These were things
that were, you know, that we had heard, so that's why I addressed them. When you say you had heard, what do you mean? Well, again, like this lady at the City Council meetings, things of that nature. You know, there
were issues with the black community not wanting to file complaints. I took a lot of aggressive
actions to rectify that, so people would have confidence in the department. Why did the black community not want to file complaints? Just the reporting procedure had been that you have to come into the station to file a complaint. I
don't think that was a good procedure, only because if you and I got into an altercation, certainly you don't want to come in and face the cop that's there. So I opened up an alternate reporting site. I
Sometimes cooler heads prevail, if you will.
think things like that engender confidence in our Internal Affairs Department as a whole. So what else had you heard that caused you to say to your subordinate police officers you became the AMF Reporting/Critcher Video (518) 482-9606
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Chief of Police, there is a new sheriff in town, things are going to be different? I felt that the amount of complaints regarding verbal issues, rudeness and things like that, was far above what I was going to tolerate. be fair, this is the baseline of conduct. You stood up in front of your subordinate officers and you told them that? Absolutely. Stated in words or substance, I am not going to tolerate the verbal abuse of the public by our police officers? Sum and substance what I said. Did you also say in sum and substance, I am not going to tolerate the excessive use of force by police officers? Yes. I believe what I told them if you need to Again, to
defend yourself, if one punch does it, that's all you get. Are you aware that Mr. Foley was hit by your subordinate police officers, four of them, at least 15 times? MR. BAILEY: answer that. AMF Reporting/Critcher Video (518) 482-9606 Object to the form. You can
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THE WITNESS:
This is the first I am
hearing of that, so no. BY MR. KEACH: Q. Are you aware that Mr. Foley was subject to what's called a knee strike by Officer Castle at least four times? Yes, sir. Do you feel that was appropriate? Yes. That's a training technique, submission Yes, sir.
technique that is taught in the academy.
Would it have been appropriate if Mr. Foley wasn't resisting? Of course not. And as part of the investigation of this case, the only individuals that they talked to -- well, never mind. We have gone over that. When you took over as Troy Police Chief, did you do anything else to address the issue of Internal Affairs with your subordinates? We made several modifications to the general orders, specifically outlining alternative reporting procedures, putting in the Deputy Chief as an intermediary step in the investigations process, all complaints were to now come directly AMF Reporting/Critcher Video (518) 482-9606
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to me and I decide what level of investigation. That didn't happen before? The old system, no, sir, it did not. What happened under the old system? Usually, if I remember correctly, they went to Internal Affairs. They would look at them and But again, I wasn't I am not sure.
bring them to the Chief.
involved with them that much.
How was Mr. Foley's complaint handled? I don't know if I changed the general order yet, because I had just gotten in. Obviously, being
brought to my attention, I probably would have gave it to the Deputy Chief. Oh, and I also changed the -- I changed the complaint form itself, because I did not want statements being taken from anybody other than the Internal Affairs Captain. Again, I feel that's a
skill set that not every officer has. Were there instances in the past where individuals would come to the Troy Police Department to make a complaint and would be discouraged by an officer who was on duty and was delegated to take the person's complaint? Yes, sir. AMF Reporting/Critcher Video (518) 482-9606
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Q. A. Q.
How many times did that occur? Common. And were you aware of that before you became Chief of Police?
A. Q.
Yes, sir. And what was done to address that situation, I mean before you became the Chief? did afterward. I understand what you
A.
A general order was issued modifying that when someone came into the station to file a complaint, that it went from calling the commanding officer on duty in to just an officer taking the complaint.
Q.
So initially it was you call the commanding officer to come in, the officer takes the complaint?
A. Q.
Yes. And then Chief Kaiser changed that to allow any officer to take the complaint?
A. Q.
He did both changes to it, yes, sir. I just wanted was -- I am confused. Did it start
off when Chief Kaiser was the chief that a commanding officer had to take the complaint? A. I think, I am going back a ways here, I think what it used to be if you came in to file a complaint, you got the name and number of the Internal Affairs AMF Reporting/Critcher Video (518) 482-9606
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Captain, and you hook up with him at some point. Then I think when we started getting complaints, then it went to the commanding officer. If you
came in for a complaint against John Tedesco, you had to see my commanding officer. I think that is
kind of where things kind of got the runaround; he is not on duty today. came in with that. You know, various issues
And I think Chief Kaiser
changed that to be when somebody came in, the rank was out of it and you take the report. And so when that latter change was made to allow anybody to take the report, there were instances where those officers would discourage people from filing an Internal Affairs complaint? There were less complaints, but still complaints of that nature. Were there complaints when it was the commanding officer in charge as well? Yes, sir. And how would you learn about those complaints? When I became Chief or -Well, I mean, I don't know if it was when you became Chief or when you were Assistant Chief, when did you first learn that that was a problem? AMF Reporting/Critcher Video (518) 482-9606
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A.
That had been while I was an Assistant Chief. was aware of it especially when I was a patrol captain.
Because if someone came in and filed a
complaint against the cops that worked for me, obviously they would call me in. your question? question? Q. No. You answered. You learned about that problem Does that answer
Was there a second part to the
when you were a patrol captain? A. Q. A. Yes. And so you would have been a patrol captain 2003? Patrol captain from on the afternoon shift from 1994 till 1998. Q. So you are aware back in the '90s that that was a problem? A. Q. It was an issue. And it continued to be an issue up until you became the Chief? A. Not as prevalent. Some of the changes that Chief
Kaiser put in certainly lessened the number of complaints on it. Q. A. Q. Chief Kaiser is retired now? Yes, sir. Is he still in Troy, or is he working somewhere AMF Reporting/Critcher Video (518) 482-9606
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else? I believe he teaches part time in Hudson Valley. know he has a home in Florida. MR. KEACH: Off the record. I
(Discussion off the record.) BY MR. KEACH: Q. Are you aware that back in 2006 Sergeant Mary O'Neil was getting, well, Mary K. O'Neil was getting harassing phone calls on the job? I don't recall that. Okay. I will show you. This is a memo from
yourself -Okay. -- to Chief Kaiser, and I am not criticizing you in asking you about this, I am asking if you have -Sure. I understand there is lot that goes on. MR. KEACH: Exhibit 10. We will mark this as Tedesco
It is a memo dated November 16th,
2006 from Assistant Chief Tedesco to Chief Kaiser. (Tedesco Exhibit 10 was marked for identification.)
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BY MR. KEACH: Q. A. Q. Are you ready to proceed, sir? Sure. Do you remember that memo now that you have had a chance to review it? A. Q. Yes, sir, I do have a recollection. Was that incident with Mary K. O'Neil getting harassing phone calls, was that after the incident with Captain Bouchard and the issue with his testimony and her testimony during a criminal case? A. No. I think this was before. I think the Dugray
(phonetic) homicide was after that, but I could be wrong on that. Q. A. Q. A. Q. I could be too. Yeah. I am not sure.
What date did you have on that, sir? I have November 16, 2006. I am not going to mark this, but I have a letter here to the Mayor about the discipline to be imposed against Bouchard, Centoni and O'Neil on December 12th, 2006, so --
A.
Okay. Okay.
It would have been during that time then.
Q.
I am not being critical.
I am just trying to
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figure it out too. I thought Dugray was after. I didn't live it like you did, so -Do you think Mary K. O'Neil was getting harassed because of this incident with the homicide case? Yes, sir. And that concerned you, didn't it, that's why you wrote to Chief Kaiser? Yes, sir. It is my understanding that Mary K. O'Neil left the department shortly after these incidents; are you aware of that? Yes, sir. She was suspended along with the other
officers involved, and as part of her settlement, she retired. She was eligible to retire? Yes, sir. Is she still living in Troy? To the best of my knowledge, I believe she works at RPI. Yes, sir.
Doing what, security officer? Yes. Now, you and I agree that her being harassed on the AMF Reporting/Critcher Video (518) 482-9606
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job as a result of her, you know, her testimony in this case, is something that is a serious problem? Yes, sir. And no police officer deserves to be harassed on the job by their fellow officers; is that fair to say? Yes, sir. Do you feel it was appropriate when she left the department to not investigate the source of those calls anymore? I am not sure what the outcome of this was, to be honest with you. I think I would have continued
the investigation. All right. I will show you what we will mark as
Tedesco Exhibit 11. (Tedesco Exhibit 11 was marked for identification.) BY MR. KEACH: Q. And you agree with me, I understand you didn't write that document, I also understand -- have you seen that before today? If I did, I don't recall. it, so probably not. Do you have access as the Chief to Internal Affairs AMF Reporting/Critcher Video (518) 482-9606 And I am not copied on
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files if you choose to access them? Yes, sir, I do. Did Chief Kaiser have that access as well? Yes, sir. If you want to walk in and look at an Internal Affairs file from 2000, you can walk in and do it as the Chief; is that correct? Yes, sir. Do you understand what the term "exceptional clearance" is? "Exceptional clearance" is one of the dispositions that we use in Internal Affairs cases, that the case is clear, it is closed by something other than a sustained, exonerated, something of that nature. Like a peculiar circumstance, in this case, she retired. But you don't agree that that case should have been closed; correct? On the face of this, I would like -- I would like to see the report on the work that was done to that behind that to see how the investigation progressed. If they hit a stonewall, I guess it
had to be, but I don't think I would have closed it just because she retired. AMF Reporting/Critcher Video (518) 482-9606
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Q.
All right and these calls, the calls that were made to Sergeant O'Neil, do you recall if they had sexual overtones to them, or do you recall if they had sexual overtones?
A. Q.
I don't, no, sir. Do you recall if they had -- if they used terms that were derogatory towards women?
A. Q.
I don't remember, sir. Cunt, bitch, lesbian, those were the nature of the calls she was receiving?
A. Q.
I don't recall. But let's assume for the moment that that's what Sergeant O'Neil reported to people in the Troy Police Department, that the calls she was receiving when she was working the front desk were cunt, bitch, lesbian, filthy names, and hang ups, that would potentially be sexual harassment; wouldn't it?
A. Q.
Absolutely. Which would make it even more important to find out who was responsible for it?
A. Q. A.
Yes, sir. All right. Uh-huh. AMF Reporting/Critcher Video (518) 482-9606 I am wrapping up. Okay?
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Q.
Have you told me everything that supports your decision when you took over as Chief to address your subordinates about excessive force? MR. BAILEY: ahead and answer. MR. KEACH: I will phrase it differently. Object to the form. Go
I am going to phrase it in a different way. BY MR. KEACH: Q. Tell me, and I understand you already told me, I want to make sure I am thorough here, tell me everything that supported your decision to address your subordinate police officers about the use of force against arrestees when you became the Chief of Police in the City of Troy? MR. BAILEY: I do object to the form, but
go ahead and answer. THE WITNESS: We have a very young
department, especially in our patrol force. We had a lot of officers being injured. that is on the physical side. And
And then with
my former superior, Mayor Harry Tutunjian, when I interviewed for Chief and discussions with him, he brought forth that he received a lot of instances about officers being verbal AMF Reporting/Critcher Video (518) 482-9606
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and inappropriate.
So while we wanted to send
a message to the officers that you need to defend yourself, we also needed to define, if you will, or delineate what is the appropriate conduct. We don't want you to get hurt, but
you can't go out and violate people's rights either. So that was one of the catalyst, if
you will, that prompted myself and Chief Magnetto to address the roll call. that. There was
And, you know, and I think in fairness
when any new boss comes in, most of these cops I don't know, I never worked with them, and I didn't have them as a patrol captain or anything like that, so those were the factors. BY MR. KEACH: Q. So Mayor Tutunjian had complained to you in the past about use of force issues? Not so much use of force. issues. More verbal abuse
You know, people call City Hall, hey,
Tedesco gave me a ticket today, he was rude. Things of that nature. Did he communicate those things to your department in writing? For instance, if a civilian calls in
and says, "Hey, Officer Smith," and I don't know, AMF Reporting/Critcher Video (518) 482-9606
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there is probably an Officer Smith on your department, I am not referring to anybody in particular, referring just in general. I understand, yes. Officer Smith was rude to me when, you know, and swore at me when I was jaywalking, or something? What they may do, if someone calls in and they don't want to initiate a formal complaint, they want to send an e-mail, I might get a call on the phone from the Mayor saying I got a citizen at Hoosick and 8th and got stopped by a cop car this morning and rude, stuff like that. Do you know if any effort was made to look through the department's e-mail to respond to my request for information about Mr. Foley's case? I believe so. request. We worked with Mr. Firth on your Yes, sir. Is
I assigned a Captain to that.
I have a memo here -- well, let me step back. there anything else?
What were -- have you told me
everything about why you made changes to the city's Internal Affairs policies when you took over as Chief? Yes. I think, yes, I have.
I have a memo here that talked about how there AMF Reporting/Critcher Video (518) 482-9606
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needs to be written permission from the Mayor's office before investigating an Internal Affairs complaint. Do you know what that is about? Like
is that a policy of the Troy Police Department that the Mayor had to approve of Internal Affairs investigations? Yes, sir. It was. It was lifted, and I now have
to report to the Corporation Counsel before the Internal Affairs commences. Why wouldn't you have the discretion to do that on your own as Police Chief? Because we work at the Mayor's discretion as our superior. Have there been instances in the past where the Troy Police wanted to initiate an Internal Affairs investigation, but the Mayor stopped it and wouldn't give permission? Again, since I have been Chief, I have never had that experience with Mayor Tutunjian. I am working
on a couple issues with our present Mayor, but I don't know about what Chief Kaiser would do. But I just want to be clear that the Mayor of Troy had the discretionary authority to direct the Police Chief not to investigate Internal Affairs AMF Reporting/Critcher Video (518) 482-9606
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complaints if he chose to do so? Yes, sir. By charter, the Mayor in the absence of
a public safety or police commissioner is the acting, so technically in addition to being Mayor, they are also our boss in that regard. MR. KEACH: Just go off a second.
(Discussion off the record.) BY MR. KEACH: Q. Has there been any interference from the Mayor's office in Mr. Foley's case? No, sir. How about from the Corporation Counsel? Without
telling me the specifics of what the Corporation Counsel had to say, has there been any interference from the Corporation Counsel in Mr. Foley's case? No, sir. The only contact I have had with him
about any request or anything that you sent to me, John Bailey, Mr. Bailey's firm has sent to me, I obviously would forward to him. How about at the beginning -No. -- at the beginning of this winter, you know there was a complaint filed about what happened with Mr. Foley? AMF Reporting/Critcher Video (518) 482-9606
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A. Q.
No, sir. Has there ever been any direction from, and this would be from June 25th, 2010 and before, was there ever any direction from anyone at City Hall, be it the Corporation Counsel, Assistant Corporation Counsel, Mayor, Assistant Mayor, not to investigate a complaint brought to Internal Affairs for concern over litigation?
A. Q. A.
No.
No, sir.
What was the problem with the street crime unit? Well, I guess that depends how you view what a problem is. They were certainly successful in
carrying out the mission they were designed for, and that was to interrupt a series of shootings emanating from the drug trade up in the north central area of the city, and they did have quite a bit of success, made a lot of arrests and certainly quelled the issue. There got to be a lot of
jealousy factors because they started running into the turf of the drug investigators, if you will, and some of the tactics that they used some community members principally from the black community, felt were overbearing. Q. Was Officer Pollay on that unit? AMF Reporting/Critcher Video (518) 482-9606
95
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A. Q. A. Q.
It was rebid every 30 days. How about Officer Castle? Not that I recall.
I don't believe so.
Did Mr. Foley's arrest -- Mr. Foley was arrested at CD Burners. Ever hear of CD Burners?
A. Q. A.
Yes, absolutely. What do you know about CD Burners? CD Burners had a history of being very disruptive in the neighborhood. We had several instances
where there was shots fired, firearms were discharged within the premises. bar. Q. Was that a bar that was frequented by members of the black community? A. There was some hip-hop, things of that nature. Some minority members, yes, sir. Q. Was the street crime unit ever involved in going to CD Burners? A. No. They principally stayed in the north end of There may have been occasions where they It was a notorious
the city.
responded to something there, but that certainly was not one of their target locations, if you will. Q. Are you still receiving complaints from the public about the Internal Affairs Unit? AMF Reporting/Critcher Video (518) 482-9606
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A.
No.
Things seem to be going very well.
I met with I am
members of the black clergy last week. instituting a receipting process for the complaints. Q. What's a receipting process? receipt you get at a store? A. Right.
You mean like a
You come in and file a complaint against
John Tedesco. Q. A. Q. A. You are given a receipt -They are concerned. -- to show you filed a complaint? And trying to align that with the New York Civil Rights laws so the officers' right aren't violated. I think we reached a resolution on that. Q. The reason you put the receipt process in place so that if someone came in and made a complaint against a Troy police officer, that they would know that it was received and was going to be processed accordingly? A. Q. Absolutely. And there was concern raised in the black community to you before that that in fact people would come in and made complaints and they wouldn't be properly acted on? AMF Reporting/Critcher Video (518) 482-9606
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A. Q. A. Q.
Yes. Did you find that to be the case? No, sir. Even before you were chief, did you know whether or not that happened?
A. Q.
Yes.
Through the rumor mill, yes.
Meaning someone would come in and complain, and then the officer in command would throw it in the garbage?
A.
That may have been an allegation, but I don't think that has ever been sustained.
Q. A. Q.
But that was floating around that that happened? On occasion, yes, sir. All right. It is 4:20. I promised you would be
out of here at 4:30, so I am going to use the bathroom, collect my thoughts, and wrap up at four-thirty sharp and get you out of here. not sure I have anymore questions. opportunity to clear my head. A. Sure. Absolutely. (A short recess was taken.) MR. KEACH: I have concluded my I am
I want an
examination absent any follow-up from Mr. Bailey. Thank you for your time, sir.
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THE WITNESS: MR. BAILEY:
Thank you. Thank you very much. The
exhibits are being copied.
We will give you
the originals, and maybe you and I can take a second. MR. KEACH: Sure. Off the record.
(The examination of John F. Tedesco was concluded at 4:26 p.m.)
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 TEDESCO EXHIBITS
I N D E X
O F
E X H I B I T S PAGE 10 22 24 35 37 44 49 62 69 83 86
DESCRIPTION
Memo from J. Tedesco, 12/12/07 Classification of Complaint, Troy Police Policy Memo from Captain DeWolf to Dep. Chief McAvoy Document re: OC spray
Document from Chief Kaiser to Captain Owens Memo from Chief Kaiser to J. Tedesco, 11/22/06 Charges and Specifications, 5 page document 2 page e-mail from Chief Tedesco to N. Kaiser Letter from Judge Sharpe to Chief Kaiser
10 Memo dated 11/16/06 to Chief Kaiser 11 (Document not described)
100
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 AMF Reporting/Critcher Video (518) 482-9606 ___________________________________ NOTARY PUBLIC Sworn to before me this _________ day of_____________________, 2012. ______________________________ JOHN F. TEDESCO I have (heard) read the foregoing record of my testimony taken at the time and place noted in the heading hereof and I do hereby acknowledge it to be a true and correct transcript of the same. COUNTY OF ) STATE OF NEW YORK ) ss.:
101
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 AMF Reporting/Critcher Video (518) 482-9606 DATED: August 22, 2012 _____________________________ PEGGY ALEXY I, PEGGY ALEXY, Shorthand Reporter and Notary Public in and for the State of New York, do hereby CERTIFY that the foregoing record taken by me at the time and place noted in the heading hereof is a true and accurate transcript of the same, to the best of my ability and belief. C E R T I F I C A T I O N
Foley v. Pollay, et al
John Tedesco August 14, 2012 administer (1) 3:11 administrative (4) 14:22;15:1;18:15; 45:2 admonished (1) 48:18 advanced (1) 66:5 advice (2) 9:21;12:1 Affairs (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;95:24 affect (1) 17:16 afford (1) 19:12 afternoon (1) 82:12 afterward (1) 80:8 Again (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;92:18 against (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; 96:7,17 agency (1) 75:4 aggressive (2) 75:7;76:9 ago (2) 53:16,19 agree (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;49:13 agreeing (1) 67:5 agreement (4) 15:20;16:15,24; 20:6 ahead (11) 26:24;32:10,21; 41:2;56:5;64:10; 69:3;72:1;73:23; 89:5,16 Albany (1) 62:5 Alexy (1) 3:7 align (1) 96:12 aligned (1) 19:20 allegation (4) 6:19;7:7;41:23; 97:10 allegations (2) 63:14;64:19 alleges (1) 24:19 allow (4) 4:16;52:5;80:16; 81:11 along (1) 85:14 altercation (2) 61:9;76:17 alternate (1) 76:19 alternative (1) 78:21 although (1) 18:9 always (1) 74:4 amount (1) 77:3 Amsterdam (1) 4:6 analysis (2) 45:3;54:19 Anderson (1) 27:12 annual (1) 47:18 answered (1) 82:8 Anthony (2) 62:8,24 anymore (2) 86:10;97:18 apart (2) 31:2;53:8 apologize (1) 10:14 applications (1) 75:24 appoint (1) 19:6 appreciate (2) 18:16;23:12 approach (2) 19:3;56:12 appropriate (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;90:4 approve (3) 37:22,24;92:5 April (1) 8:6 area (2) 23:11;94:16 argue (1) 20:7 argument (2) 50:20;72:3 arm (1) 65:21 around (2) 55:19;97:12 arrest (3) 30:14;60:19;95:4 arrested (6) 27:14;60:2,20; 61:1;70:4;95:4 arrestees (1) 89:13 arrests (2) 55:5;94:17 aside (1) 47:23 assessment (1) 39:21 assign (1) 73:2 assigned (3) 72:21,24;91:17 assignment (2) 44:19;46:12 assist (3) 30:1;72:11;73:2 Assistant (13) 7:8;8:2;33:6; 45:24;54:8;62:9; 71:1,14;81:23;82:1; 83:20;94:5,6 association (2) 43:17,18 assume (5) 6:4;27:16;31:7,20; 88:12 Assuming (2) 28:21;71:6 attached (1) 24:5 attempted (1) 63:15 attempting (2) 38:7;64:3 attend (1) 47:23 attention (3) 5:8;34:11;79:12 Attorney (1) 4:5 attorneys (1) 3:4 audit (1) 57:3 August (2) 55:8;59:8 authority (1) 92:23 authorized (1) 3:11 automatically (2) 31:24;32:17 available (2) 33:2;40:5 average (1) 13:4 avoid (1) 4:18 aware (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
A
able (1) 57:15 above (3) 34:18;50:13;77:5 abruptly (1) 32:23 absence (1) 93:2 absent (1) 97:23 Absolutely (9) 31:12;36:3,22; 55:20;77:9;88:19; 95:6;96:20;97:20 abuse (3) 75:3;77:11;90:18 Academy (4) 29:22;30:5;31:9; 78:10 acceptable (1) 40:21 access (3) 86:24;87:1,3 accommodate (1) 5:3 according (2) 37:10;38:23 accordingly (1) 96:19 accurate (1) 67:13 accused (2) 35:5,22 act (2) 34:6,6 acted (3) 29:21;57:8;96:24 acting (1) 93:4 action (9) 6:14;37:9;47:7; 58:19;70:11,16; 71:15,19;74:13 actions (2) 52:23;76:10 actually (3) 31:1;60:1;62:13 added (1) 40:1 addition (1) 93:4 additional (2) 47:16,23 address (10) 18:14;71:15;74:4, 23;75:9;78:18;80:6; 89:2,11;90:9 addressed (6) 63:8;67:13;75:1,2, 2;76:4 Min-U-Script
B
babies (1) 50:22 back (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;91:18 background (2) 73:3,5 bad (1) 30:13 Bailey (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; (1) able - Bailey
Foley v. Pollay, et al 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;98:2 Bailey's (1) 93:18 bar (2) 95:12,13 bargaining (8) 15:20;16:4,15,24; 17:6,10,17;18:9 based (6) 9:13;17:1;21:21; 23:1;39:17;56:17 baseline (1) 77:6 bathroom (2) 5:1;97:16 became (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;89:13 become (1) 8:5 becoming (3) 8:7;32:3;58:8 beginning (2) 93:20,22 behavior (2) 45:11,19 behind (1) 87:21 below (1) 34:19 beside (1) 54:3 besides (1) 53:20 Best (7) 6:10;13:24;22:22; 25:1;41:2;62:4;85:20 better (5) 15:24;16:2;42:18; 53:18;57:15 beyond (3) 10:24;68:8;73:5 bid (7) 15:6;16:16;19:8, 12;71:10;72:5;73:11 bids (1) 71:12 big (1) 13:19 Bill (1) 35:13 bit (1) 94:17 bitch (2) Min-U-Script 88:9,16 bite (1) 30:19 black (6) 76:8,12;94:22; 95:14;96:2,21 blood (1) 41:5 boasted (4) 12:17,21;13:6,9 Bob (3) 4:5;10:20;15:19 borne (1) 41:5 boss (2) 90:11;93:5 both (2) 28:13;80:18 bottom (3) 36:16;47:2;69:6 Bouchard (7) 52:8,10,20;53:8, 21;84:9,20 bragging (1) 57:12 brain (1) 70:4 breadth (1) 73:1 break (6) 4:24;5:4,9,11; 36:18;38:7 brief (3) 7:17,19;61:3 bring (1) 79:7 brought (4) 48:4;79:12;89:23; 94:7 bruised (1) 25:1 Bucanan (2) 8:21,22 budget (1) 54:10 budgeting (1) 45:3 build (2) 15:23;16:2 bunch (1) 48:23 Bureau (2) 57:14;73:19 burglary (2) 66:3,4 Burners (5) 95:5,5,7,8,18 butt (1) 65:20 buttocks (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;91:9 called (5) 42:5;48:12;61:9; 71:8;78:5 calling (2) 66:20;80:11 calls (12) 15:20;75:1,11; 83:9;84:8;86:10; 88:1,1,10,14;90:23; 91:7 came (9) 34:11;57:7;80:10, 23;81:4,8,9;82:3; 96:16 campaign (1) 12:16 can (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;98:4 canceled (1) 64:3 capacity (3) 7:6;58:6;62:15 Captain (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;91:17 Captains (6) 12:11,19;13:2; 54:19;55:1;57:14 caption (1) 10:4 car (4) 36:15,20;38:8; 91:11 career (2) 34:1;66:1 careers (1)
14:9 Carello (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;65:3,13 Carello's (5) 44:7,19;46:16; 50:8;63:10 carried (1) 14:8 carrying (2) 66:4;94:13 cars (1) 36:10 case (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;97:2 cases (5) 6:10,11,14;21:2; 87:12 Castle (3) 27:11;78:5;95:2 catalyst (1) 90:7 category (1) 34:8 caught (3) 59:6,23;60:5 caused (3) 24:23;58:18;76:23 caution (1) 38:15 CD (5) 95:5,5,7,8,18 center (2) 61:10,24 Centoni (5) 53:4,5,9,21;84:20 central (1) 94:16 certain (3) 18:6;19:11;27:8 certainly (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; 95:21 certified (1) 29:24 cetera (2) 74:9,9
chain (1) 70:23 chance (2) 20:7;84:5 change (9) 16:20,22;18:5; 19:5;70:17,17;71:3, 7;81:11 changed (5) 79:10,14,14;80:16; 81:9 changes (7) 22:18,19,20;23:3; 80:18;82:19;91:20 charge (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; 81:18 charged (1) 57:9 charges (9) 42:16;47:13;49:12; 51:12,17;52:16; 53:17;64:6,12 charter (1) 93:2 check (1) 51:22 Chief (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;97:4 Chief's (2) 15:17;17:11 (2) Bailey's - Chief's
Foley v. Pollay, et al choose (1) 87:1 chose (1) 93:1 Christopher (1) 35:5 Cipperly (6) 42:10;48:2;49:4; 50:20;53:8,20 C-I-P-P-E-R-L-Y (1) 42:11 circumstance (1) 87:15 circumstances (5) 5:11;9:20;41:7,13; 72:23 cite (1) 74:10 cited (1) 39:1 citizen (1) 91:10 citizens (1) 73:14 City (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;95:20 city's (1) 91:20 civil (3) 4:6,7;96:12 civilian (3) 22:4;35:2;90:23 civilians (2) 26:19;27:13 claims (4) 21:18;31:16;32:5; 43:13 clarification (2) 26:6;42:15 clarify (2) 48:11;60:16 clashes (1) 14:8 class (2) 23:18;30:3 Classification (3) 22:12,20,23 clear (3) 87:13;92:22;97:19 clearance (2) 87:10,11 clergy (1) 96:2 client (2) 4:8;18:12 clients (1) 9:11 Min-U-Script close (3) 11:15;13:6;28:22 closed (4) 32:1;87:13,18,23 cocksucker (2) 42:6,9 code (2) 50:15,16 collapsed (1) 24:23 collect (1) 97:16 collective (8) 15:19;16:4,15,24; 17:6,10,17;18:8 combative (1) 40:13 comfortable (1) 10:19 command (2) 70:23;97:8 commanding (6) 80:11,13,21;81:3,5, 17 commences (2) 49:13;92:9 comment (2) 50:23;56:20 comments (2) 49:5;50:21 commissioner (1) 93:3 common (3) 8:16;73:24;80:2 commonly (1) 29:9 communicate (2) 8:24;90:22 communicated (1) 44:6 Community (8) 44:4;46:11;76:8, 12;94:22,23;95:14; 96:21 compatriot (1) 62:11 complain (1) 97:7 complainant (2) 27:13;33:1 complainants (1) 74:1 complained (1) 90:16 complaining (2) 25:4;26:21 complaint (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;96:7,11,16 complaints (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;96:4,23 composure (1) 50:21 concern (7) 8:24;19:24;38:23; 41:4;57:6;94:7;96:21 concerned (3) 11:23;85:8;96:10 concerns (10) 8:8;10:23;19:14, 21,23;20:2,17;69:11, 12;71:15 concluded (3) 67:12;97:22;98:8 conduct (9) 44:7;46:16;50:15, 16;51:18;63:10; 68:24;77:6;90:5 conducted (3) 3:7;12:4;57:5 conducting (2) 30:7;55:5 confidence (5) 18:18,24;19:10; 76:11,21 confident (2) 20:21,22 confidential (1) 17:5 confirm (1) 9:17 confused (1) 80:19 Connurs (4) 66:14,18,22;67:7 consider (3) 16:23;17:1;41:8 consideration (1) 23:12 consistent (1) 56:7 contact (1) 93:16 contacted (1) 61:23 contained (1) 10:24 contempt (2) 59:19,20 content (1) 9:19 contention (2) 33:11,14 continue (1) 32:24 continued (4) 47:10;72:3;82:17; 86:12 continues (1) 46:12 continuing (2) 12:10;29:12 contract (2) 16:24;19:6 control (1) 38:24 convenient (1) 50:3 conversation (8) 7:17,19;11:13; 21:11,13;25:22; 28:12;51:22 conversations (7) 9:2,9;11:2;21:8,11, 15,22 cooler (1) 76:20 cop (2) 76:18;91:11 copied (2) 86:22;98:3 cops (2) 82:4;90:11 copy (1) 35:10 Corporation (11) 9:5;12:1;24:8;25:4, 7;92:8;93:12,13,15; 94:5,5 correctly (3) 65:4;67:1;79:5 corrupted (2) 11:12;12:6 Council (2) 74:3;76:6 counsel (12) 4:21;9:6;12:2; 25:7;37:15;47:6; 92:8;93:12,14,15; 94:5,6 counseled (1) 37:13 counseling (14) 34:19;37:13,16,17, 20;41:11;44:16; 45:10;46:15;47:1,9; 48:6,14;64:18 Counsel's (2) 24:8;25:5 County (4) 27:9;61:10,24;62:5 couple (3) 48:24;59:9;92:20 course (13) 4:11,15,23;5:14; 29:1,8,13;34:1;
John Tedesco August 14, 2012 54:15;55:7;58:18; 66:3;78:13 court (2) 4:14,19 courtesy (2) 4:17;20:4 covers (1) 50:17 crime (5) 30:11;59:12;75:6; 94:10;95:17 criminal (8) 10:9,16,17;52:21; 59:15,19,19;84:10 critical (1) 84:24 criticizing (1) 83:14 cruiser (8) 35:7,23;36:6,14; 37:3;38:6;39:23; 40:17 cry (1) 50:22 Cunt (2) 88:9,15 current (4) 23:5,17,20;71:22 currently (1) 58:21 cut (1) 9:7
D
damage (1) 70:4 date (5) 11:6;66:10,22; 67:6;84:16 dated (2) 44:17;83:19 dates (1) 6:12 Dave (3) 9:9,21;57:11 David (1) 9:6 days (3) 61:4;68:2;95:1 deal (3) 45:11;49:4;54:10 December (3) 11:6;12:5;84:21 decide (3) 20:10;67:15;79:1 decision (3) 64:15;89:2,11 decisions (1) 16:9 defend (2) 77:18;90:3 defendant (4) (3) choose - defendant
Foley v. Pollay, et al 7:1,10;35:4;52:21 defended (1) 6:23 define (2) 34:14;90:3 definitely (1) 15:1 definition (1) 37:18 degree (2) 59:19,20 delegated (1) 79:22 delineate (1) 90:4 demeaning (1) 75:3 demeanor (1) 45:19 Department (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;92:4 Department's (2) 73:15;91:14 depend (1) 40:5 Depending (2) 36:15;47:14 Depends (2) 73:1;94:11 deposed (3) 6:7,13;10:5 deposition (2) 11:23;37:20 Deputy (8) 21:13;24:3;25:23; 28:13;72:22,24; 78:22;79:13 dereliction (1) 34:7 derogatory (1) 88:7 deserved (1) 64:8 deserves (1) 86:4 designed (1) 94:13 desk (1) 88:15 detail (1) 45:5 detailed (1) Min-U-Script 5:11 detailing (1) 44:15 details (2) 45:6;50:1 detective (3) 29:11;53:3,9 determinant (1) 47:7 determine (1) 18:12 determining (1) 64:23 DeWolf (7) 21:14;24:3;25:23; 26:3;27:7;28:13;31:8 DeWolf's (1) 21:21 different (6) 21:1;26:14;41:11; 58:18;77:2;89:7 differently (3) 58:12;75:19;89:6 difficult (2) 14:1;33:2 direct (2) 49:7;92:23 directed (2) 38:1,2 direction (2) 94:2,4 directive (1) 51:21 directly (7) 19:18;45:24;70:20, 21;71:1;72:21;78:24 disagreement (2) 18:21;20:9 disbanded (1) 75:8 discharged (1) 95:11 disciplinary (2) 52:16;67:15 discipline (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;84:19 disciplined (1) 14:14 disciplining (1) 58:21 disclosure (1) 9:10 discourage (1) 81:13 discouraged (1) 79:21 discourteous (8) 42:13;43:8,14; 45:6;49:22;50:9,13; 51:4 discovered (1) 58:17 discovers (1) 29:10 discretion (3) 55:3;92:10,12 discretionary (1) 92:23 discuss (1) 10:22 discussed (1) 20:14 discussing (1) 10:10 Discussion (5) 17:20;59:3;66:16; 83:5;93:7 discussions (1) 89:22 disdain (1) 14:11 dismissal (1) 67:19 dispositions (1) 87:11 disruptive (1) 95:8 distinct (1) 70:6 District (2) 67:21;70:13 division (16) 7:9;8:9,14,17; 10:23;33:15,17; 44:18,19,21,22;45:2; 54:11,16;73:15;74:7 divisions (1) 44:24 document (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;86:20 documentation (2) 28:9;31:11 documented (1) 49:21 documents (3) 7:21;28:18;49:4 domain (1) 20:8 done (10) 5:18;13:19;17:4; 46:16;51:14;52:1; 74:8;75:18;80:6; 87:20 down (4) 4:14,19;16:12; 48:22 driver (2) 66:9,20 driving (1) 39:2 dropped (2) 65:20;74:17 drug (2) 94:15,20 Dugray (2) 84:11;85:2 duly (1) 4:2 During (15) 4:11,15,23;5:14; 21:16;25:20;29:10, 13,20;45:23;66:1,3; 74:3;84:10,22 duties (2) 19:20;55:7 duty (4) 64:14;79:22;80:12; 81:7
John Tedesco August 14, 2012 72:7;76:23;78:18; 83:1;91:19 e-mail (3) 63:13;91:9,14 emanating (1) 94:15 emergency (2) 5:7,10 employ (1) 46:22 employment (2) 9:14;52:24 end (4) 24:5,6;25:12;95:19 enforcement (1) 5:7 enforcing (1) 56:1 engender (1) 76:21 ensure (1) 20:23 entire (1) 22:9 entitled (1) 22:12 Equally (1) 39:2 E escape (1) 40:2 especially (2) earlier (1) 82:2;89:18 61:13 estranged (4) early (2) 61:9;62:3;63:17; 44:5;70:18 64:4 eat (1) et (2) 5:1 74:8,9 effect (4) even (3) 22:16;25:2;28:10; 28:4;88:20;97:4 67:4 events (1) efficient (1) 29:13 57:5 exactly (3) effort (13) 36:12;37:1,17 16:19;18:3;23:22; 26:17,18;30:24;31:4, Examination (7) 3:5,7;4:11,15,23; 7,8;48:21;69:13; 97:23;98:7 70:7;91:13 examined (1) efforts (2) 4:3 16:22;31:20 examiner (1) either (11) 5:15 12:14;28:12,14; example (1) 33:16;36:16;48:16; 39:1 50:12;59:22;67:18; examples (1) 72:24;90:7 74:10 elected (1) exception (1) 12:14 5:6 electronic (1) exceptional (2) 62:21 87:9,11 elements (1) excessive (21) 40:1 6:13,18,19;24:20; eligible (1) 25:4;26:19,21;27:17; 85:17 28:23;31:16;32:5,19; else (8) 34:10;35:1;41:22,23; 9:4;10:18;56:21; (4) defended - excessive
Foley v. Pollay, et al 43:4;58:1;74:24; 77:15;89:3 exchange (2) 6:1;50:4 excuse (2) 18:1;59:10 executed (1) 7:9 execution (1) 6:16 exempting (1) 21:10 exercise (2) 19:13;75:14 Exhibit (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; 86:15,16 exhibits (1) 98:3 exonerated (1) 87:14 expanded (1) 72:8 experience (3) 21:1;68:18;92:19 experiences (2) 56:17;68:19 explain (1) 29:5 exposed (2) 21:1;39:3 extensive (5) 23:22;26:18;43:24; 72:10;73:4 77:5 fashion (1) 56:16 fast (1) 54:21 favorably (1) 12:24 February (1) 22:18 Federal (3) 3:6;68:16,23 feel (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;86:8 feelings (2) 15:17;21:3 feels (1) 18:13 fellow (1) 86:5 felt (7) 11:18;33:15;57:8; 64:15;75:3;77:3; 94:23 female (2) 66:9,20 Fernett (13) 12:11,19;13:3,12, 15;14:2,10,11,14; 15:3;56:22;57:7,7 figure (2) 50:19;85:1 file (9) 18:6;74:8;76:9,12, 15;80:10,23;87:6; 96:7 filed (8) 4:8;25:3,10;28:5; 42:17;82:3;93:23; 96:11 files (1) 87:1 filing (4) 18:14,22;31:17; 81:14 fill (1) 62:15 filled (1) 62:13 filthy (1) 88:16 find (3) 65:14;88:20;97:2 fine (2) 16:12;34:18 finish (1) 4:16 finished (1) 5:6 firearms (1) 95:10 fired (2) 52:13;95:10 firm (1) 93:18 first (9) 4:2;39:12;45:17; 47:9;59:20;68:1; 74:23;78:1;81:24 Firth (2) 13:18;91:16 Fitzgerald (9) 10:7,10,17,20,21; 12:14,21;13:5;57:15 five (1) 34:3 five-page (1) 48:21 fix (1) 67:5 floating (1) 97:12 Florida (1) 83:3 flying (1) 55:19 Foley (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; 95:4 Foley's (11) 18:1;21:6,12,18; 24:3;25:20;79:9; 91:15;93:10,15;95:4 follow (1) 29:16 followed (1) 50:2 follows (1) 4:3 follow-up (3) 20:11;29:7;97:23 foolproof (1) 37:8 force (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;90:17,18 forces (1) 44:23 forgot (1) 14:18 form (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;89:4,15 formal (8) 8:14;29:23;30:3; 49:14;50:24;51:6; 55:10;91:8 former (4) 9:5;14:6;71:12; 89:21 forth (1) 89:23 forum (1) 30:3 forward (2) 12:9;93:19 forwarded (1) 63:14 forwarding (1) 62:23 found (2) 29:13;34:9 foundation (2) 15:24;16:3 four (9) 4:9;6:10,11;27:10; 39:10;53:20;54:3; 77:21;78:6 fourth (1) 7:12 four-thirty (1) 97:17 free (5) 22:9;23:8;26:9; 36:7;38:21 frequent (1) 59:15 frequented (1) 95:13 friendly (1) 56:15 front (7) 22:15;27:6;28:17; 36:13,17;77:7;88:15 fucking (2) 50:22,22 function (1) 20:20 further (2) 27:24;31:19
John Tedesco August 14, 2012 67:21 gave (4) 35:13;57:11;79:12; 90:20 general (9) 9:18;34:4;46:2; 57:1;69:16;78:20; 79:10;80:9;91:3 generated (2) 75:6,7 gentle (1) 56:16 gentleman (1) 61:15 gets (2) 71:7;74:8 gist (1) 69:17 given (5) 37:19;46:16;51:16; 56:24;96:9 giving (1) 34:4 Glass (2) 36:11,13 goes (5) 12:9;34:15;37:15; 54:18;83:17 good (6) 11:17;12:22;13:2; 30:13;73:20;76:16 gossip (1) 55:19 government (1) 8:11 grammar (1) 23:3 Greenbush (1) 44:2 guess (3) 12:23;87:22;94:11 Guido (1) 66:19 Guinea (2) 42:6,8
F
face (2) 76:18;87:19 faced (1) 67:12 fact (9) 24:12;30:13;36:20; 50:2;59:15;60:14; 68:5;69:13;96:22 factors (2) 90:14;94:19 fair (11) 5:12;6:5;15:18; 16:1;19:2;30:21; 40:13;41:18;56:24; 77:6;86:5 fairness (1) 90:10 fall (1) 20:13 far (4) 31:18;32:24;75:21; Min-U-Script
H
half (3) 29:19,20;68:22 Hall (2) 90:19;94:4 hamper (1) 31:19 handcuffed (9) 35:6,24;36:6;37:2; 38:5,11,24;39:22; 40:17 handcuffs (1) 37:8 handled (3) 56:23;58:12;79:9 hang (1) (5) exchange - hang
G
Gabriel (2) 66:19;67:5 gaps (1) 36:15 garbage (1) 97:9 Gary (1)
Foley v. Pollay, et al 88:16 happen (3) 11:24;41:1;79:2 happened (8) 31:2;48:2;52:7; 64:2;79:4;93:23; 97:5,12 happy (1) 5:3 harassed (3) 85:5,24;86:4 harassing (2) 83:9;84:8 harassment (1) 88:17 hard (1) 54:21 Harry (1) 89:21 hat (1) 14:24 head (5) 4:15;16:16;53:24; 57:12;97:19 headrest (1) 36:17 heads (1) 76:20 hear (4) 60:10;66:11;68:8; 95:5 heard (9) 55:14,15;65:23; 68:7;70:2;75:5;76:3, 5,23 hearing (2) 48:8;78:2 held (2) 3:6;18:24 help (2) 61:11;62:1 hereby (1) 3:3 hereto (1) 3:5 heritage (3) 50:7,23;56:21 herself (1) 36:7 hey (2) 90:19,24 hip-hop (1) 95:15 hiring (1) 73:3 history (2) 67:19;95:8 hit (3) 14:7;77:20;87:22 Hold (3) 15:12;18:17;30:1 home (3) 63:16;64:4;83:3 Min-U-Script Homer (2) 19:1;20:10 Homer's (1) 35:14 homicide (2) 84:12;85:5 honest (3) 14:19;48:17;86:12 hook (1) 81:1 Hoosick (1) 91:11 hopefully (1) 18:22 Hudson (1) 83:2 hurt (1) 90:5 individuals (12) 20:17;27:8;34:5; 54:3,5,16,24;55:4; 60:5;61:5;78:15; 79:19 information (2) 30:10;91:15 infraction (1) 48:13 initially (1) 80:13 initials (1) 11:7 initiate (2) 91:8;92:15 initiated (1) 72:2 injured (1) 89:19 injury (2) 37:5,6 in-service (2) 47:18,21 inspections (1) 30:1 instance (4) 43:1;44:8;59:5; 90:23 instances (13) 32:5;43:11,12; 49:21;50:8;53:10; 56:14;74:11;79:19; 81:12;89:24;92:14; 95:9 instituted (2) 51:12;64:12 instituting (1) 96:3 instruction (1) 30:4 instructor (3) 29:21,23,24 insubordinate (1) 57:8 insubordination (3) 14:17;34:7;57:2 insult (2) 42:3;48:3 insults (1) 50:7 intake (1) 27:9 interaction (4) 25:20;26:5,20; 66:20 interactions (1) 55:4 interest (1) 9:10 interfere (2) 15:16;63:16 interference (2) 93:9,14 intermediary (1) 78:23 Internal (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;95:24 internally (1) 20:22 interpose (1) 4:22 interrupt (1) 94:14 interview (3) 26:19;31:1;33:2 interviewed (14) 25:16,19;26:3; 28:15,19,21;29:2,2; 31:17,21,24;32:8,19; 89:22 into (9) 21:18;27:23;28:23; 50:2,3;76:15,17; 80:10;94:19 investigate (6) 31:16;69:14;70:8; 86:9;92:24;94:6 investigated (1) 32:7 investigating (3) 30:11;67:5;92:2 investigation (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;92:16 investigations (10) 12:4;13:23;14:21; 21:22;43:13;57:17; 73:3,5;78:23;92:6 investigative (2) 23:22;44:23 investigator (2) 20:24;21:4 investigators (1)
John Tedesco August 14, 2012 94:20 invite (1) 18:11 invited (1) 66:8 involved (12) 10:5;11:18;27:11; 32:2;34:17;53:3; 57:3,16;66:19;79:8; 85:15;95:17 involves (1) 34:16 involving (3) 6:15;56:19;70:3 issue (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; 94:18 issued (1) 80:9 issues (13) 11:2,5;18:6,9,15; 46:7;75:2;76:8;77:4; 81:7;90:17,19;92:20 Italian (4) 48:3;50:7,23;56:20
I
IAB (2) 13:7,12 identification (11) 10:2;22:7;24:15; 35:16;39:8;44:13; 49:9;63:2;69:21; 83:23;86:17 implicate (1) 9:14 importance (2) 30:6;31:10 important (3) 18:14;39:2;88:20 imposed (1) 84:20 impugn (4) 7:20;18:2,4,5 inappropriate (2) 55:16;90:1 incident (10) 12:7;43:6;56:19, 22;63:12;65:18; 72:14;84:7,8;85:5 incidents (1) 85:12 include (2) 21:14;72:9 Including (1) 57:10 inconsistent (1) 56:9 incorrect (1) 75:23 indicate (1) 66:13 indicated (4) 18:17;66:9;69:11; 70:5 indicating (2) 25:3;70:14 individual (1) 27:14
J
James (1) 4:8 jaywalking (1) 91:6 jealousy (1) 94:19 job (6) 15:6;73:8,20;83:9; 86:1,5 John (9) 4:1;7:17;22:3; 35:10;61:17;81:4; 93:18;96:8;98:7 Judge (13) 19:1;20:10;35:14; 67:21;68:7,9,16,23; 69:24;70:1,13;71:16, 22 June (7) 53:19;55:9;62:9; 72:13;74:11,12;94:3 jurors (2) 69:12;70:2 juror's (1) 70:14 jury (1) 69:12 jury's (2) 67:22,22
K
(6) happen - jury's
Foley v. Pollay, et al 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;92:21 Kaiser's (2) 39:21;46:17 KEACH (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;98:6 Keeping (1) 31:13 kind (7) 21:11;36:9;47:1; 54:18;55:18;81:6,6 knee (1) 78:5 knew (1) 44:1 knowing (1) 31:7 knowledge (12) 21:6,7;26:8;35:3; 43:5,10;45:14,20; 60:8;62:5;68:5;85:20 known (1) 43:24 late (2) 8:1;44:5 later (1) 30:19 latter (1) 81:11 law (1) 5:7 laws (1) 96:13 lawsuit (2) 4:8;17:12 lawyer (1) 4:6 leads (3) 27:4;29:14,14 learn (3) 66:24;81:20,24 learned (2) 60:24;82:8 least (4) 28:24;52:3;77:21; 78:5 leave (2) 16:1;23:13 led (1) 52:24 left (3) 55:2;85:11;86:8 legal (3) 9:21;40:7;75:15 lend (2) 72:4;73:11 lesbian (2) 88:9,16 less (2) 40:6;81:15 lessened (1) 82:20 letter (14) 24:7;67:20;68:1,7, 9,16;69:11,16,24; 70:12;71:16,22; 73:13;84:18 letting (1) 75:16 level (5) 34:18,19;50:24; 51:6;79:1 lieu (2) 42:22;52:13 lifted (1) 92:7 limited (1) 21:7 line (2) 20:7,11 literally (1) 32:4 literature (2) 12:16;13:17 litigation (3) 18:1,2;94:8 little (3) 10:13;42:6,8 live (1) 85:3 lived (1) 62:5 living (1) 85:19 locations (1) 95:22 lodged (1) 74:13 long (4) 20:6;29:18;45:22; 60:24 look (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; 91:13 loses (1) 50:20 losing (1) 52:24 loss (2) 34:17,17 lot (11) 13:19;20:24;42:22; 50:3;75:7;76:9; 83:17;89:19,24; 94:17,18 lung (1) 24:23 47:5;53:15;80:1 March (1) 62:16 mark (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; 86:14 marked (13) 10:1;22:6;24:14; 25:12;35:15;39:7; 44:12;49:8;63:1; 69:20,23;83:22; 86:16 married (1) 62:6 Mary (6) 53:6;83:7,8;84:7; 85:4,11 matter (1) 11:20 may (9) 3:10;11:24;38:15; 41:9;44:8;55:15; 91:7;95:20;97:10 Maybe (7) 31:5;34:7;42:18, 20;48:6;67:7;98:4 Mayor (15) 7:1;16:23;84:19; 89:21;90:16;91:10; 92:5,16,19,20,22; 93:2,4;94:6,6 Mayor's (3) 92:1,12;93:9 McAvoy (6) 21:14,22;24:3; 25:23;28:13;58:13 mean (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;96:5 meaning (7) 6:1;19:6,24;42:16; 71:4,18;97:7 meetings (3) 74:3;75:11;76:7 meets (1) 36:19 member (1) 45:7 members (9) 43:9,15;49:23; 51:5;73:18;94:22; 95:13,16;96:2 memo (27) 10:9;11:1,8;12:7, 13;13:10;24:2;44:16;
John Tedesco August 14, 2012 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;91:18,24 memorandum (3) 44:10;48:15;65:12 memory (2) 28:6;65:3 memos (6) 13:21;31:13;33:8; 34:19;45:10;48:24 message (2) 62:23;90:2 messages (1) 60:11 met (1) 96:1 method (1) 37:8 metropolitan (1) 23:10 mid-1980s (1) 6:12 might (1) 91:9 mill (3) 55:15;69:7;97:6 Miller (1) 27:15 mind (1) 78:16 mine (2) 14:6;44:4 minority (1) 95:16 minute (1) 62:21 mission (1) 94:13 Mitch (1) 62:23 Mitchell (10) 9:6,9,10,21;10:24; 11:14;12:1;57:11; 65:5,13 modifications (3) 22:23;23:1;78:20 modifying (1) 80:9 moment (2) 22:1;88:12 more (14) 14:21;20:17;39:3; 47:7,13;50:7;56:1,6, 11,16;57:22;68:11; 88:20;90:18 morning (1) 91:12 most (1) 90:11 much (6) 30:10;52:3;55:2; (7) Kaiser - much
M
Magnett (1) 62:7 Magnetto (4) 62:8,15,24;90:9 mail (1) 62:22 maintaining (1) 31:10 maintains (1) 24:22 major (2) 23:10;73:6 majority (1) 60:14 makes (1) 50:21 making (1) 31:13 man (3) 16:6;46:5;70:3 manner (3) 11:20;57:5,9 Manwell (1) 75:1 many (6) 6:9;33:24;34:12;
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lack (2) 43:17,17 lady (2) 74:2;76:6 language (1) 23:3 large (1) 73:6 last (3) 49:7;68:2;96:2 Min-U-Script
Foley v. Pollay, et al 79:8;90:18;98:2 murder (1) 52:21 myself (4) 33:12;72:21;74:24; 90:8 notice (12) 34:16;41:14,21; 42:1,7,12,15,21,23; 48:9,12;49:11 notices (1) 41:17 notorious (1) 95:11 November (3) 44:17;83:19;84:17 number (6) 5:21;10:11;61:16; 74:16;80:24;82:20 numerous (2) 9:2;74:9
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; 97:8 O officers (42) 4:9;6:20;20:22; 24:20,23;25:21;26:5, oaths (1) 21;27:10;31:3;33:21; 3:11 34:12;41:16;43:14; Object (20) 47:18;53:17,20; 26:23;27:19;32:9, 54:17;55:1,8,10; 20;40:23;50:10;51:8; 57:16;58:7,20,23; 56:4,10;57:19;63:21; 59:22;60:14;66:14; 64:9;67:9;68:17; 73:21;75:17;76:24; 69:2;71:24;73:22; 77:7,12,16,21;81:13; 77:23;89:4,15 85:15;86:5;89:12,19, objections (1) 24;90:2 4:22 officers' (1) objective (3) 96:13 11:20;20:23;56:11 officer's (3) obvious (1) 37:9;45:18;67:16 26:11 official (1) obviously (7) 7:6 19:9;44:3;46:1; old (2) 50:15;79:11;82:5; 79:3,4 93:19 One (34) OC (6) 6:12,14;8:4;9:11; 36:5,23;38:24; 12:23;14:17,18;15:5, 39:1,3,22 12;20:20;24:10; occasion (1) 30:17;36:12;47:4; 97:13 49:17;50:12,13; occasions (5) 53:16;54:22;59:5,22; 6:9;14:15;33:24; 60:1,3;61:5;64:8; 50:14;95:20 65:24;66:13;72:21; occur (4) 73:10;74:22;77:18; 37:5,6;39:19;80:1 87:11;90:7;95:22 O'Connor (1) O'Neil (11) 6:23 53:6,9,21;83:8,8; off (15) 84:7,20;85:4,11;88:2, 14:7;17:19,20; 13 53:24;58:3;59:2,3; 66:15,16;80:20;83:4, ones (1) 58:11 5;93:6,7;98:6 ongoing (1) Office (5) 33:11 24:8;25:5;57:7; only (11) 92:2;93:10 21:4;27:7;36:23; officer (99) 39:11;43:16;60:13; 3:11;10:20;12:14, 65:24;75:21;76:16; 21;13:5;29:8,10,18; 78:15;93:16 30:7;34:23;35:5,21; open (2) 36:5,8,12;37:1,7; 30:2;57:22 38:4,8;40:2,6,9,17;
John Tedesco August 14, 2012 opened (1) 76:19 operation (1) 8:9 Operations (3) 44:22;62:9,10 opinion (5) 16:1;52:4;67:10, 22;73:14 opinions (2) 16:8;18:5 opportunity (3) 4:21;19:12;97:19 option (2) 40:7;41:9 options (2) 19:13;40:5 order (12) 24:11;35:14;59:6, 12,16,23;60:6,12,18; 61:1;79:10;80:9 orders (1) 78:21 originals (1) 98:4 otherwise (1) 62:2 out (12) 38:7;50:19;62:2, 20;66:21;81:10;85:1; 88:20;90:6;94:13; 97:15,17 outcome (2) 21:21;86:11 outcomes (1) 46:19 outlining (1) 78:21 over (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;94:8 overbearing (1) 94:23 overtones (2) 88:3,4 Owens (1) 38:22 own (1) 92:11 parking (1) 50:3 part (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; 85:15 participate (1) 33:9 particular (1) 91:3 parties (3) 3:4;11:15,18 partition (4) 36:13,16,18,20 partitions (1) 36:9 part-time (1) 72:9 past (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;92:14 path (1) 16:12 pathogen (1) 41:5 patrol (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;90:13 patrolman (3) 14:7,18;15:4 Paul (9) 12:11,19;13:3,13, 15,22;14:2,4,5 Paurowski (2) 62:23;65:13 Paurowski's (1) 65:5 pay (2) 34:18;60:4 PBA (8) 6:15,22;10:5,8; 12:10,15;13:2;57:12 PD (2) 62:12;70:15 PD's (1) 39:24 peculiar (1) 87:15 Peggy (1) 3:7 pending (3) 5:4;52:16;53:17 people (12) 5:16;16:9;31:1; 33:16;54:11,11;74:8; (8) murder - people
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name (6) 4:5;8:15,16;11:8; 43:20;80:24 named (2) 7:10;11:15 namely (1) 31:23 names (2) 34:4;88:16 nature (6) 76:7;81:16;87:14; 88:9;90:21;95:15 necessarily (2) 37:4;55:13 need (7) 4:13,24;5:9,10; 19:9;77:17;90:2 needed (1) 90:3 needs (3) 5:7;17:15;92:1 negative (1) 45:19 negotiation (1) 42:22 negotiations (2) 17:1,6 neighborhood (1) 95:9 New (6) 3:9;70:14;75:17; 77:1;90:11;96:12 next (1) 11:8 Nicholas (3) 9:3;11:16;12:18 Nick (3) 33:12;38:2;62:22 night (1) 31:2 nod (1) 4:14 normal (2) 41:7;55:7 North (3) 44:2;94:15;95:19 Northern (1) 70:13 Notary (3) 3:8,10;4:2 noted (1) 52:4 notes (1) 31:13 Min-U-Script
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pack (1) 65:20 page (4) 22:12;39:10,12; 49:7 paperwork (2) 25:3;27:10 paralegal (1) 48:22
Foley v. Pollay, et al 76:10;81:13;88:13; 90:19;96:22 people's (1) 90:6 pepper (5) 35:6,22;37:11; 38:5,12 perceptions (2) 46:17;70:14 perfect (1) 5:14 perfectly (1) 38:4 period (7) 29:20;42:14;44:1; 45:23;55:21;59:7; 71:11 permission (2) 92:1,17 person (9) 19:10;26:21;28:5; 30:20;31:17;32:7,18; 40:20;73:8 personal (5) 11:12;12:6;13:6; 16:8;56:17 personality (1) 14:8 person's (1) 79:23 pertains (1) 12:7 perusing (2) 26:13;39:13 phone (5) 23:7;62:2;83:9; 84:8;91:10 phonetic (4) 27:11;53:4;66:14; 84:12 phrase (7) 16:11;26:14;29:11; 53:18;72:16;89:6,7 phrased (3) 5:15,20;15:13 physical (3) 61:8;75:14;89:20 pinpoint (1) 76:2 pistol (2) 65:19,20 place (3) 15:2;75:13;96:15 plaintiff (1) 10:6 planning (2) 45:3;54:19 play (1) 11:21 pm (1) 98:8 point (9) 6:2;13:23;28:1; Min-U-Script
33:11,14;51:11;71:6, 9;81:1 Police (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;96:17 policies (3) 39:24;70:15;91:21 policing (1) 73:20 policy (10) 16:9;22:3;23:5,17, 20;38:10,13,14,23; 92:4 Pollay (3) 35:5,22;94:24 poorly (1) 5:15 portion (1) 23:15 portions (1) 18:12 pose (1) 4:12 position (12) 12:15;13:16;16:10, 16;17:1,11;19:10,20; 71:23;72:4,8,10 positions (1) 54:20 potentially (1) 88:17 practice (2) 31:15;32:16 precipitously (1) 74:18 predecessor (1) 58:13 preliminary (1) 29:9 premises (1) 95:11 prepare (2) 7:15,23 present (4)
John Tedesco August 14, 2012 25:20;26:4;60:19; 92:20 president (1) 12:15 pretty (4) 55:2;63:19;67:8; 68:14 prevail (1) 76:20 prevalent (1) 82:19 principally (2) 94:22;95:19 prior (7) 8:7;12:5;18:7; 56:2;58:7,8;74:11 prisoner (1) 38:24 privilege (1) 9:15 privy (1) 69:7 probably (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;91:1 problem (13) 5:24;16:5;17:12; 23:13;47:22;52:19; 57:1;81:24;82:8,15; 86:2;94:10,12 problems (2) 45:15;46:17 procedure (2) 76:14,16 procedures (2) 67:23;78:22 proceed (3) 33:3;63:4;84:2 process (10) 17:17;21:16;30:2; 32:3;49:14;73:3; 78:24;96:3,5,15 processed (1) 96:18 produced (1) 24:11 progressed (1) 87:22 progresses (1) 27:3 progression (3) 27:2,22;29:4 progressive (2) 46:22;47:2 prohibited (1) 38:16 prohibition (1) 38:15 promised (2) 13:18;97:14 promoted (3) 45:24;62:13;71:7 prompted (1) 90:8 proof (1) 70:2 properly (2) 46:20;96:24 property (1) 57:4 protection (8) 59:7,12,17,23;60:6, 12,19;61:1 provided (1) 24:7 Public (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;95:23 punch (1) 77:18 punishment (1) 52:17 purpose (2) 17:12,24 purposes (1) 64:23 pursuant (2) 3:6;11:20 put (3) 57:11;82:20;96:15 putting (2) 16:5;78:22 reached (1) 96:14 read (5) 5:22;23:14;26:9; 38:18,21 reading (1) 12:23 ready (2) 63:4;84:2 real (1) 70:7 really (9) 13:20;16:9;19:17, 19;46:20;48:5,7; 63:11;71:11 reason (2) 4:24;96:15 reasonable (1) 75:15 reasons (3) 20:14;30:17;74:22 rebid (2) 71:8;95:1 recall (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;95:3 receipt (3) 96:6,9,15 receipting (2) 96:3,5 received (12) 9:21;45:10,18; 46:11,12;47:4;48:6, 16;68:6;71:21;89:23; 96:18 receiving (5) 45:15;47:15;88:10, 14;95:23 recently (1) 60:3 recess (2) 58:4;97:21 recollection (10) 6:10;13:24;22:22; 23:1;25:1;35:21; 54:2;63:9;66:18;84:6 recollections (1) 66:23 recommend (1) 41:7 record (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
Q
quelled (1) 94:18 quite (3) 12:20;73:4;94:16 quote (3) 31:6;42:3;70:5 quoted (2) 8:13;13:10
R
raise (2) 8:8;68:24 raised (5) 18:15;32:6;46:8; 71:16;96:21 raises (1) 74:4 range (1) 47:20 rank (3) 69:6;71:8;81:9 rather (2) 70:24;73:16
Foley v. Pollay, et al records (2) 21:23;54:1 recruits (1) 30:2 rectify (1) 76:10 red (1) 20:7 redacted (3) 18:13,22;20:13 redactions (1) 18:19 reelected (1) 12:15 refer (1) 34:5 references (1) 50:16 referred (2) 33:21;48:2 Referring (9) 10:11;12:12;42:2, 8;45:12;50:6;70:8; 91:2,3 reflect (4) 26:3;39:9;48:20; 65:12 reflected (3) 13:21;28:16,17 reflects (2) 27:7;63:14 refresh (2) 35:21;63:9 refused (2) 28:14,19 regard (3) 52:24;68:18;93:5 regarding (1) 77:3 regularly (1) 74:2 related (3) 11:2;14:20;65:24 relates (1) 47:16 relationship (15) 11:16,17;12:10,17, 19,22;13:2,4,7;14:1, 5;17:23;52:5;56:15; 57:13 relationships (2) 11:12;12:6 relative (2) 46:16;52:20 relieved (1) 64:13 rely (1) 5:17 remaining (1) 6:14 remember (6) 48:7;67:1;69:16; 79:5;84:4;88:8 Min-U-Script Rensselaer (3) 27:9;61:10,24 repeated (2) 50:8;60:10 repeatedly (1) 51:4 rephrase (1) 5:23 report (4) 81:10,12;87:20; 92:8 reported (3) 19:18;71:1;88:13 Reporter (4) 3:8;4:14,19;23:14 reporting (4) 70:24;76:14,19; 78:22 reports (2) 21:8;58:7 represented (1) 74:16 request (3) 91:14,17;93:17 requested (2) 23:14;28:7 required (2) 23:23;47:23 requirement (1) 23:20 resisting (1) 78:12 resolution (3) 48:14;61:6;96:14 resolved (2) 12:24;19:1 resources (3) 72:12,13,15 respective (1) 3:4 respond (4) 26:18;61:11;62:1; 91:14 responded (2) 71:21;95:21 responds (1) 29:8 response (6) 4:13;5:21;63:16; 64:19;66:3;70:12 responsibilities (1) 19:19 responsibility (2) 33:5;44:20 responsible (1) 88:21 restate (1) 5:23 result (6) 24:24;53:12,22; 64:3;70:4;86:1 results (1) 57:15 retire (1) 85:17 retired (8) 52:12,13;61:7; 62:8;82:22;85:16; 87:16,24 retreat (1) 66:6 return (1) 4:17 revealing (1) 11:13 review (7) 7:21;18:11;21:23; 22:9;27:2;38:13;84:5 reviewed (3) 13:17;21:8;58:11 Reviewing (1) 46:14 ribs (1) 25:2 rid (1) 66:9 right (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; 97:14 rights (4) 4:6,7;90:6;96:13 ripped (1) 62:2 rise (1) 51:5 rises (2) 50:13,24 Robert (2) 10:7;42:10 role (1) 11:21 roll (3) 75:1,11;90:9 room (1) 57:4 roughly (1) 46:5 RPI (1) 85:21 rude (3) 90:20;91:5,12 rudeness (1) 77:4 rule (2) 9:10;54:21 Rules (1) 3:6 rumor (3) 55:15;69:7;97:6 rumors (1) 55:18 run (1) 16:7 runaround (1) 81:6 running (1) 94:19
John Tedesco August 14, 2012 60:17 seniority (4) 15:7;19:12;72:5; 73:11 sensitivities (1) 17:22 sent (5) 51:16;67:21;73:13; 93:17,18 September (1) 59:8 sergeant (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; 88:2,13 series (1) 94:14 serious (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;86:2 seriously (1) 58:1 serves (1) 65:3 Services (3) 45:2,4;60:15 set (2) 19:11;79:18 settled (1) 53:16 settlement (2) 61:7;85:15 several (7) 14:14;45:10;49:21; 61:3;74:18;78:20; 95:9 severe (1) 50:7 sexual (3) 88:3,4,17 shake (2) 4:14;56:24 Shakeem (1) 27:15 shall (1) 65:14 sharp (1) 97:17 Sharpe (6) 67:21;68:7,9; 69:24;70:1;71:22 Sharpe's (1) 71:16 sheriff (3) 75:18,20;77:1 Sheriff's (1) 27:9 shift (1) 82:12 (10) records - shift
S
safety (1) 93:3 same (4) 4:17;8:13;27:15; 58:12 save (1) 26:15 saw (2) 31:1;68:1 saying (3) 10:19;40:19;91:10 school (1) 47:19 scores (1) 32:5 screwdriver (1) 66:5 seal (1) 18:6 sealed (1) 17:14 search (3) 6:16;7:5,10 seasoned (1) 21:4 seat (1) 36:18 second (8) 15:12;17:19;47:8; 59:2,19;82:6;93:6; 98:5 section (1) 22:21 securing (1) 52:20 security (1) 85:22 Seek (1) 65:14 seeking (1) 11:22 seem (2) 39:2;96:1 selection (1) 17:2 send (2) 90:1;91:9 sending (1) 60:10 Senior (1)
Foley v. Pollay, et al shooting (1) 66:1 shootings (1) 94:14 short (2) 58:4;97:21 Shorthand (1) 3:8 shortly (2) 12:13;85:12 shot (4) 15:14;65:19,20; 66:7 shots (1) 95:10 show (12) 4:17;24:1;35:9; 38:17;44:9;49:1; 62:19;64:21,22; 83:11;86:14;96:11 showing (2) 14:23;69:23 sick (1) 5:2 side (2) 62:12;89:20 signature (3) 64:24;65:2,5 signed (1) 3:10 sit (1) 71:13 site (1) 76:19 sitting (3) 5:2;54:4;55:23 situation (5) 5:10;39:4;40:15; 68:15;80:6 skill (2) 19:11;79:18 skip (1) 20:3 Smith (3) 90:24;91:1,5 solitary (1) 73:7 somebody (11) 21:3;30:15;31:23; 36:24;38:11;47:5; 50:20;65:20;67:6; 69:6;81:9 someone (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;97:7 Sometimes (3) Min-U-Script 5:15,16;76:20 somewhere (1) 82:24 sorry (3) 23:7;58:16;65:14 sort (3) 25:9;34:6;66:19 sought (1) 52:17 sound (1) 5:12 source (1) 86:9 speak (1) 13:1 speaks (1) 26:1 specific (3) 44:8;68:11;69:17 specifically (2) 23:4;78:21 specification (1) 49:12 specifications (5) 42:16;47:13;51:12, 18;64:12 specifics (1) 93:13 speculate (1) 41:1 speeding (1) 66:21 spit (2) 36:12;40:8 spitting (7) 36:7,22;38:8;39:4; 40:1,17;41:6 spoke (1) 17:21 spoken (2) 4:12;9:5 spot (1) 62:13 spray (9) 35:6,22;36:5,23; 37:12;38:5,24;39:3, 22 sprayed (1) 38:12 stack (1) 13:20 staff (1) 75:11 stages (1) 29:15 standing (1) 17:13 stapled (3) 48:23;49:1,3 Start (2) 14:4;80:19 started (3) 66:6;81:2;94:19 State (1) 3:9 stated (4) 12:16;26:7,8;77:10 statement (2) 11:23;52:20 statements (1) 79:16 States (1) 67:20 station (2) 76:15;80:10 stay (1) 71:10 stayed (3) 70:20,21;95:19 step (7) 34:13;42:23;47:10, 12;62:20;78:23; 91:18 still (12) 15:8;22:15,16,22; 23:18;49:15,17; 52:10;81:15;82:24; 85:19;95:23 stipulated (1) 3:3 stonewall (1) 87:22 stood (1) 77:7 stopped (2) 91:11;92:16 store (2) 50:3;96:6 strained (3) 12:20;14:3,5 street (3) 75:5;94:10;95:17 streets (1) 75:13 strictly (1) 28:6 strike (1) 78:5 strong (1) 14:11 stuff (2) 34:19;91:12 subdue (1) 36:24 subdued (2) 37:3,9 subject (6) 32:18;34:24;43:7; 54:13;61:15;78:4 subjected (15) 41:17,21;42:1,7,12, 18;43:3;51:17;53:11, 21;54:5;55:10,22; 59:24;60:6 subjects (1) 16:8 submission (1) 78:9 subordinate (9) 25:21;26:5;36:5; 57:16;75:17;76:24; 77:7,21;89:12 subordinates (9) 17:24;47:5;54:7; 55:12;59:6;64:8; 72:19;78:19;89:3 subsequently (1) 60:3 substance (6) 73:19;74:6;75:16; 77:10,13,14 success (1) 94:17 successful (1) 94:12 sued (2) 7:4;9:13 suffered (1) 70:3 suggestion (1) 57:22 Sum (2) 77:13,14 summary (1) 28:17 superficial (1) 21:2 superior (3) 51:21;89:21;92:13 supervise (3) 18:3;45:22;46:1 supervised (2) 8:21;46:5 supervision (3) 6:20;46:2;58:8 supervisor (2) 56:2;65:5 Support (4) 45:2,3;75:20,21 supported (1) 89:11 supports (1) 89:1 supposed (2) 36:23;47:1 sure (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;98:6 suspect (2) 11:11;66:4 suspended (2) 60:4;85:14 suspension (1) 67:18 sustained (4) 43:13;64:6;87:14;
John Tedesco August 14, 2012 97:11 swore (1) 91:6 sworn (1) 4:2 system (4) 22:23;74:4;79:3,4
T
table (1) 5:5 tactics (1) 94:21 talk (5) 27:12,13,14;28:4; 61:13 talked (12) 7:20;27:7,8,10; 42:19;54:12;57:10; 58:20,23;61:20; 78:15;91:24 talking (6) 4:18,19,20;8:18; 28:24;66:21 talks (3) 10:16;12:9,9 tap (1) 27:23 target (1) 95:22 taser (1) 40:6 tasered (4) 40:4,8,16,21 taught (1) 78:10 teaches (3) 30:6;31:10;83:2 technically (1) 93:4 technique (2) 78:9,10 Tedesco (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; 98:7 Tedesco's (1) 18:2 telephone (1) 60:12 telling (2) 38:3;93:13 ten (9) 34:2,3,12,23; (11) shooting - ten
Foley v. Pollay, et al 41:20;42:14;43:2; 53:10,18 ten-day (1) 67:18 tenure (1) 65:24 term (6) 34:14,20;42:20,21; 50:6;87:9 terminate (1) 32:17 terminated (4) 28:1;32:23;60:3; 61:5 termination (1) 9:13 terms (5) 8:13;30:14;55:5; 57:1;88:6 testified (1) 4:3 testimony (8) 3:10;7:15,23; 39:17;58:24;84:10, 10;86:1 texting (1) 60:15 thorough (9) 21:4;30:6,18,20, 23;31:13,13;73:16; 89:10 thought (4) 36:23;62:5;67:6; 85:2 thoughts (1) 97:16 thrashing (2) 37:4;40:2 threatened (1) 62:3 three (1) 39:10 three-page (1) 24:6 three-year (1) 71:10 throw (1) 97:8 ticket (4) 66:10,21;67:5; 90:20 ticks (1) 50:22 tied (1) 10:13 till (3) 45:23;59:8;82:13 times (6) 42:22;47:5;74:10; 77:22;78:6;80:1 Timothy (1) 8:21 today (25) Min-U-Script 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; 90:20 today's (2) 4:11,23 together (2) 48:23;49:1 told (10) 37:15,16;55:11; 67:2;68:11;77:8,17; 89:1,9;91:19 tolerate (3) 77:5,11,15 Tom (1) 6:23 tongue (1) 10:13 took (8) 15:2;69:8;70:12, 16;76:9;78:17;89:2; 91:21 top (3) 36:19;53:24;65:15 towards (1) 88:7 town (2) 75:18;77:1 TPD (1) 38:23 trade (1) 94:15 traffic (1) 66:10 training (10) 34:8,9;47:14,16,20, 21,24;54:19;55:1; 78:9 transcript (5) 3:9;18:10,13,18,23 treated (2) 11:19;56:15 Trial (2) 3:5;30:19 Troy (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; 96:17 true (1) 15:21 try (1) 56:6 trying (10) 18:4;34:21;36:7; 37:1;40:2,12;42:3; 50:19;84:24;96:12 turf (1) 94:20 turned (3) 29:11;66:5,6 Tutunjian (4) 7:1;89:21;90:16; 92:19 twelve (1) 46:5 two (7) 8:4;20:21;37:15; 53:16,16;60:1,2 twofold (1) 38:23 two-page (2) 62:19,21 types (1) 21:1 72:21 unsafe (1) 39:3 unusual (1) 68:15 up (13) 14:23;19:7,17; 36:18;47:11,12; 76:19;77:7;81:1; 82:17;88:23;94:15; 97:16 ups (1) 88:16 upset (1) 73:13 use (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;97:15 used (9) 6:19;17:15;24:20, 24;36:23;38:4;80:23; 88:6;94:21 using (6) 35:5,22;38:24; 39:22;47:22;48:3 usually (4) 29:11;30:2;34:6; 79:5
John Tedesco August 14, 2012 56:1 violate (1) 90:6 violated (2) 61:1;96:13 violating (5) 59:6,12,16,23;60:5 violation (2) 60:12,18 voiced (1) 57:5 voicing (2) 16:8;52:4
W
Wade (1) 60:17 walk (2) 87:5,6 wall (1) 62:2 wants (1) 18:20 warrant (3) 6:16;7:5,10 waste (1) 26:11 way (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; 89:7 ways (2) 37:15;80:22 week (1) 96:2 weeks (1) 53:16 weren't (1) 73:12 what's (3) 10:24;78:4;96:5 whole (2) 49:4;76:22 whose (1) 65:2 wide (1) 21:1 wife (4) 61:9;62:3;63:17; 64:4 wife's (1) 62:1 William (1) 60:17 willing (2) 28:21;29:1 winter (1) 93:22 withdraw (1) 16:13 (12) ten-day - withdraw
U
unauthorized (2) 39:1,23 unavailable (1) 28:14 unclear (1) 6:3 under (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; 79:4 understood (1) 6:5 unfold (1) 29:13 unfortunately (1) 14:8 uniform (2) 44:23;54:20 uniformed (3) 54:17,24;55:8 union (1) 17:9 Unit (9) 8:19;9:1;44:4;75:6, 7;94:10,24;95:17,24 United (1) 67:20 unless (4) 5:24;60:16;69:7;
V
vacation (1) 34:17 validity (2) 27:24;28:3 Valley (1) 83:2 various (1) 81:7 vehicle (2) 39:3;40:3 verbal (7) 4:13;50:4;75:2; 77:4,11;89:24;90:18 verbally (1) 48:17 verified (1) 75:4 versus (2) 19:7;57:17 viable (1) 41:9 view (2) 70:6;94:11 viewed (1) 73:16 vigilant (1)
Foley v. Pollay, et al within (8) 20:13;33:17;38:14; 44:18,19;61:3;68:2; 95:11 without (6) 11:13;28:24;33:1; 34:4;60:4;93:12 witness (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; 98:1 witnessed (1) 26:20 witnesses (2) 25:19;26:4 woman (4) 35:6,23;36:5;39:22 women (1) 88:7 Wontonmeano (1) 27:11 wording (2) 22:24;23:2 words (5) 5:16;73:19;74:6; 75:16;77:10 work (3) 52:10;87:20;92:12 worked (3) 82:4;90:12;91:16 working (4) 44:3;82:24;88:15; 92:19 works (1) 85:20 wrap (1) 97:16 wrapping (1) 88:23 write (2) 68:23;86:20 writing (2) 44:15;90:23 written (4) 12:13;25:10;38:10; 92:1 wrong (4) 7:7;47:6;62:6; 84:13 wrote (4) 9:18;11:7,10;85:9 29:19;34:2,12,23; 8:6;25:5;46:3; 41:20;42:14;43:2; 53:19;55:9;59:10; 46:5;53:11,18;68:22; 72:13;74:12,20;94:3 69:4;74:18 2011 (1) York (3) 62:9 3:9;70:14;96:12 2012 (1) young (1) 59:8 89:17 22nd (2) 8:6;44:17 25th (5) Z 53:19;55:9;59:8; 74:12;94:3 Zone (3) 29:21;30:5;31:9 9 (4) 69:19,20,24,24 90s (2) 44:5;82:14 911 (4) 61:10,24;63:16; 64:3
3 1
1 (3) 9:17;10:1,12 10 (2) 83:19,22 10th (1) 74:12 11 (2) 86:15,16 11/22/2006 (1) 44:11 12th (3) 11:6;12:5;84:21 14th (2) 55:8;59:8 15 (1) 77:22 16 (1) 84:17 16th (1) 83:19 1994 (1) 82:13 1998 (2) 45:23;82:13 3 (6) 22:11;23:18;24:2, 13,14;25:13 30 (2) 68:2;95:1 36 (4) 29:19,20;68:21; 69:4
4
4 (2) 35:9,15 4:20 (1) 97:14 4:26 (1) 98:8 4:30 (1) 97:15
5
5 (7) 29:21;30:5;31:9; 38:18;39:6,7,10
2
2 (4) 22:2,6,12,16 2000 (1) 87:6 2000s (1) 44:5 2002 (2) 55:9;59:8 2003 (2) 45:24;82:11 2005 (2) 22:18;70:18 2006 (7) 44:17;46:9;62:16; 83:7,20;84:17,21 2007 (3) 8:1;11:6;12:5 2009 (1) 74:20 2010 (10)
6
6 (5) 44:10,12;49:16; 61:18,20
7
7 (3) 48:20;49:6,8
8
8 (1) 63:1 80s (1) 6:18 8th (1) 91:11
Y
year (1) 29:20 years (13) Min-U-Script
9
(13) within - 911

Tedesco Deposition

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In The Matter Of: Foley v.

John Tedesco August 14, 2012

Original File 120814pa.txt

Min-U-Script with Word Index

AMF Reporting/Critcher Video (518) 482-9606

AMF Reporting/Critcher Video (518) 482-9606

John Tedesco - August 14, 2012

John Tedesco - August 14, 2012

going to need to give me a verbal response.

will avoid you and I talking over each other.

John Tedesco - August 14, 2012

John Tedesco - August 14, 2012

John Tedesco - August 14, 2012

That's the Mayor Tutunjian is the defendant in that case?

John Tedesco - August 14, 2012

That's a common name.

Yes. It is supervised by Timothy Bucanan now, Captain Bucanan now?

John Tedesco - August 14, 2012

privilege with him.

John Tedesco - August 14, 2012

MR. KEACH: today. BY MR. KEACH: Q.

I am a little tongue tied

This talks about a criminal investigation.

John Tedesco - August 14, 2012

any of those parties involved.

John Tedesco - August 14, 2012

John Tedesco - August 14, 2012

But there are memos I have here reflected

John Tedesco - August 14, 2012

John Tedesco - August 14, 2012

That was definitely administrative. to do with Internal Affairs.

When that took place,

John Tedesco - August 14, 2012

this on the record.

way I don't go down that path.

John Tedesco - August 14, 2012

AMF Reporting/Critcher Video (518) 482-9606

John Tedesco - August 14, 2012

John Tedesco - August 14, 2012

resolved before Judge Homer. MR. BAILEY: That's a fair way to

John Tedesco - August 14, 2012

John Tedesco - August 14, 2012

John Tedesco - August 14, 2012

John Tedesco - August 14, 2012

Probably just language and grammar changes. don't recall specifically.

Does the current policy of the City of Troy on Internal Affairs --

I appreciate your consideration. It is no problem.

John Tedesco - August 14, 2012

John Tedesco - August 14, 2012

I -- well, best of my recollection, bruised

John Tedesco - August 14, 2012

Just for clarification, are you asking me if that is stated in here?

are obvious in the document. time. A. Q. Okay.

(The witness is perusing the document.)

I am going to phrase it a different way just to save us some time.

John Tedesco - August 14, 2012

I think, I think if you

He didn't talk to the complainant.

Do you feel that's an

John Tedesco - August 14, 2012

John Tedesco - August 14, 2012

Oh, of course not.

commonly call that a preliminary investigation.

Not a formal instructor, if you will. certified instructor.