Professional Documents
Culture Documents
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vs.
Joseph M. Arpaio, et al.,
Defendants.
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OF
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Court Reporter:
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Phoenix, Arizona
April 24, 2015
8:41 a.m.
TH
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CV 07-2513-PHX-GMS
FO
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GB
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Gary Moll
401 W. Washington Street, SPC #38
Phoenix, Arizona 85003
(602) 322-7263
A P P E A R A N C E S
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For the Plaintiffs:
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A P P E A R A N C E S
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ALSO PRESENT:
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Robert Warshaw
John Girvin
Raul Martinez
Clark, Esq.
Adams, Esq.
I N D E X
Witness:
GERALD SHERIDAN
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E X H I B I T S
No.
Description
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Admitted
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P R O C E E D I N G S
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THE CLERK:
All rise.
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THE COURT:
Thank you.
THE CLERK:
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Please be seated.
THE COURT:
MS. WANG:
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MS. WANG:
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THE CLERK:
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Please state your first and last name for the record.
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THE WITNESS:
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Gerard Sheridan.
08:42:11
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THE CLERK:
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THE CLERK:
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MS. WANG:
08:42:48
GERARD SHERIDAN,
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FR
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THE COURT:
Thank you.
IE
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Thank you.
G-e-r-a-r-d,
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08:41:46
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THE COURT:
S-h-e-r-i-d-a-n.
Good morning.
Good morning.
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08:41:33
BY MS. WANG:
DIRECT EXAMINATION
08:42:50
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Q.
A.
Good morning.
Q.
A.
Yes.
Q.
A.
Q.
A.
That's correct.
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Q.
11
A.
Yes, it is.
12
Q.
Before you were the chief deputy, what position did you
13
hold?
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A.
15
Q.
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A.
Yes, ma'am.
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Q.
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A.
Correct.
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Q.
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career, correct?
08:43:21
OF
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08:43:05
A.
I did.
Q.
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08:42:58
08:43:32
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A.
That's correct.
08:43:42
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Q.
A.
I do.
Q.
A.
Yes.
Q.
that right?
A.
Yes.
Q.
A.
Yes, ma'am.
10
Q.
11
A.
Yes.
12
Q.
The only part of MCSO that is not under your direct command
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A.
That's correct.
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Q.
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A.
Yes.
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Q.
Sir, about how many people are under your command as chief
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deputy?
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A.
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Q.
08:44:14
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deputies?
A.
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Q.
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08:43:50
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08:44:46
825
A.
Q.
A.
Yes.
Q.
A.
I was.
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Q.
11
A.
He was.
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Q.
13
14
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A.
Correct.
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Q.
And there was discussion among the parties and the Court
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18
recordings, correct?
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A.
Correct.
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Q.
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08:45:00
08:45:26
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08:45:14
A.
Yes, ma'am.
Q.
And the Court also noted that these recordings had not been
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A.
08:45:53
Q.
recordings, correct?
A.
Yes.
Q.
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9
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All right.
826
options.
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Q.
12
A.
Correct.
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Q.
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that right?
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A.
Right.
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Q.
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A.
Yes, ma'am.
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Q.
19
A.
Yes, he did.
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Q.
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All right.
That's correct.
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Q.
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08:46:34
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08:46:12
08:47:13
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A.
That's correct.
Q.
And Judge Snow also directed that you should come up with a
plan that the monitor can approve that's your best thinking
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A.
Q.
not?
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A.
Yes.
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Q.
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A.
Yes, I was.
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Q.
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Yes.
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Q.
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do, correct?
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A.
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08:48:13
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Yes, ma'am.
Q.
A.
Yes.
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Q.
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A.
Yes, he did.
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08:47:59
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08:47:31
08:48:23
Q.
A.
Yes.
Q.
about noon?
A.
Q.
Okay.
At
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THE WITNESS:
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THE CLERK:
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Q.
TH
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BY MS. WANG:
You're welcome.
OF
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A.
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A.
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Yes, I do.
08:49:28
None whatsoever.
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08:49:12
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08:48:39
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Thank you.
Now, immediately after court proceedings ended on May
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08:49:45
A.
Yes, I did.
Q.
A.
That's correct.
Q.
A.
Right.
Q.
A.
with me or not.
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Q.
11
12
A.
13
Q.
All right.
08:50:09
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A.
Yes.
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Q.
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office?
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A.
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Stutz.
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ND
There was our counsel, Tim Casey; Tom Liddy, and Christine
Q.
A.
FR
08:50:28
OF
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Fair enough.
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08:49:55
FO
All right.
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24
25
Q.
All right.
08:50:44
08:51:00
830
A.
Oh, yes.
Sorry, yes.
Q.
A.
Yes, ma'am.
Q.
is that right?
A.
Yes, he was.
Q.
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11
A.
Yes.
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Q.
13
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A.
That's correct.
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Q.
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A.
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Q.
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That's correct.
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Q.
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08:51:46
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08:51:10
08:52:13
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A.
Correct.
Q.
And he had just given you all the directions that we just
A.
Correct.
Q.
And you contend that when you directed Chief Trombi to send
out that e-mail, you were not aware that you were violating the
Court's order?
A.
Q.
All right.
12
A.
Yes, ma'am.
13
Q.
You went very soon after the end of the first meeting in
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A.
Yes, I did.
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Q.
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A.
Yes.
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Q.
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A.
Yes.
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Q.
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08:52:36
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OF
08:52:49
Now, do you agree that the meeting with the monitor team
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Q.
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08:53:21
A.
Approximately, yes.
Q.
All right.
A.
Yes, ma'am.
Q.
A.
Q.
A.
Yes, ma'am.
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Q.
Who else?
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A.
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Q.
13
A.
Captain Holmes.
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Q.
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assignment?
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A.
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division.
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Q.
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A.
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Q.
08:53:31
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A.
I don't recall.
Okay.
08:54:20
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832
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Q.
All right.
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now, or you did not recognize them at the time and they were
08:54:35
833
A.
Q.
All right.
A.
Yes, ma'am.
Q.
A.
Yes.
Q.
Fair to say that you disagreed with the monitor about how
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11
A.
Yes, I did.
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Q.
In fact, you argued with the monitor team about how best to
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A.
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process.
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Q.
All right.
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A.
Yes.
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Q.
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A.
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Q.
08:55:59
Yes.
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08:55:01
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08:54:45
24
A.
Yes.
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Q.
08:56:14
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A.
Yes, ma'am.
Q.
A.
the Court.
Q.
approach?
A.
Yes, ma'am.
Q.
All right.
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A.
12
back and forth, and it was my recollection that day that the
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doing.
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Q.
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to implement, correct?
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A.
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Correct.
08:57:22
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08:56:33
Q.
Okay.
08:58:03
this Court on --
A.
Yes.
Q.
A.
Yes, I do.
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MS. WANG:
THE COURT:
You may.
MS. WANG:
I'm sorry.
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MS. WANG:
14
(Pause in proceedings.)
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MS. WANG:
apologize.
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BY MS. WANG:
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Q.
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through 9.
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A.
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Q.
09:00:16
ND
09:00:51
That's correct.
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08:59:03
You may.
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exhibit?
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THE COURT:
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08:58:16
co-counsel --
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Your Honor,
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835
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THE COURT:
THE WITNESS:
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BY MS. WANG:
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Q.
Oh.
09:01:04
It's on the
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836
screen now.
that's your best thinking about how you can, without resulting
then based on what you find, and/or maybe beginning before you
11
I do.
13
Q.
14
15
A.
That's correct.
16
Q.
17
correct?
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A.
Yes, he did.
19
Q.
Now, going back to the meeting that you had with the
20
monitor team later in the day, you began by taking the view
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09:01:48
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OF
09:01:58
09:02:12
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Yes.
Q.
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09:01:31
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24
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officers.
09:02:36
837
A.
Yes, ma'am.
Q.
A.
That's correct.
Q.
And was the view that there was a concern expressed by the
Court that if word got out that this effort was underway, any
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A.
Correct.
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Q.
And was that the view that was conveyed during that meeting
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13
A.
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also.
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Q.
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A.
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the issue on how best to gather videos that are in the hands of
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20
one deputy sheriff for the videos, how we could prevent anyone,
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09:02:52
24
700 search warrants all at once, and I don't think that would
25
even work.
09:04:37
838
Q.
this day, that the e-mail sent out by Chief Trombi was the best
A.
Q.
All right.
A.
-- answer.
10
Q.
11
A.
12
13
Q.
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A.
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09:05:03
09:05:14
FO
Yes or no.
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09:05:31
OF
Okay.
ND
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24
25
Q.
09:06:25
839
A.
Q.
All right.
A.
Correct.
Q.
And you were familiar with his history with the Human
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A.
11
Q.
12
13
A.
Not really.
14
Q.
Well, you were aware that he was with the HSU as of May 14,
15
2014, correct?
16
A.
Yes, I did.
17
Q.
18
19
A.
Correct.
20
Q.
21
case?
ND
22
09:07:00
TH
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OF
09:07:20
You were the main contact for -- for the lawyers in this
A.
Q.
24
A.
Yes, ma'am.
25
Q.
FR
23
09:06:46
FO
10
IE
09:07:28
09:07:36
840
A.
Yes.
Q.
Now, you knew that -- did it occur to you that maybe you
A.
No.
Q.
A.
No.
10
Q.
All right.
11
12
the monitor team about the best way to gather the video
13
14
A.
Correct.
15
Q.
16
17
A.
18
Q.
19
20
A.
21
Q.
09:08:19
ND
OF
TH
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FO
09:08:08
That's correct.
09:08:42
During the meeting with the monitor team, you did not
mention that you had already directed Chief Trombi to send out
the e-mail, did you?
FR
23
09:07:54
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24
A.
25
Q.
09:08:54
841
A.
Correct.
Q.
You argued back and forth about how best to do it, fair to
say?
A.
Correct.
Q.
right?
A.
Yes.
10
Q.
And during that entire time you did not mention that you
11
had already set in motion your earlier plan that was developed
12
13
A.
That's right.
14
Q.
15
A.
Yes, it did.
16
Q.
Now, sir, I'm going to have you take a look at Exhibit 38.
17
TH
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OF
09:09:31
19
enlarge that.
20
Let's
ND
Thank you.
Yes, ma'am.
Q.
24
A.
Correct.
25
Q.
That was while you were in the meeting with the monitor
FR
23
09:09:50
IE
22
09:09:16
18
21
09:09:10
FO
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09:10:07
842
team, correct?
A.
I believe so.
Q.
It was after you started the meeting with the monitor team,
correct?
A.
Correct.
Q.
GB
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A.
Yes.
Q.
11
A.
I have.
12
Q.
13
14
15
A.
Correct.
16
Q.
Now, when I deposed you on March 20th of 2015, you did not
17
18
A.
19
recall.
20
Q.
21
TH
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OF
09:10:46
ND
09:11:10
IE
14, 2014?
A.
That's correct.
24
Q.
25
FR
23
09:10:31
FO
10
22
09:10:15
09:11:26
843
A.
Correct.
Q.
recordings?
A.
GB
OW
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There
11
Q.
12
13
14
A.
Yes.
15
Q.
16
communication?
17
A.
Yes.
18
Q.
19
A.
Yes.
20
Q.
21
09:12:54
ND
OF
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09:13:04
IE
Chief Trombi, in his May 14, 2014, e-mail, did not direct
A.
That's right.
Q.
24
A.
Possible.
25
Q.
FR
23
09:12:32
FO
10
22
09:11:45
09:13:17
844
A.
It's possible.
Q.
do so quietly, correct?
A.
Yes.
Q.
Is that "yes"?
A.
Yes.
Q.
Thank you.
GB
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10
that would have been quite late in the afternoon by that point,
11
12
A.
13
Q.
All right.
14
15
right?
16
A.
That's correct.
17
Q.
21
22
24
25
TH
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OF
MS. WANG:
09:14:06
FR
23
09:14:01
privilege.
ND
20
MS. IAFRATE:
IE
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18
09:13:41
FO
09:13:28
THE COURT:
Ms. Iafrate?
MS. IAFRATE:
09:14:20
communication.
MS. WANG:
THE COURT:
MS. WANG:
and line reference.
THE COURT:
MS. WANG:
THE COURT:
10
MS. WANG:
relevant page.
12
(Pause in proceedings.)
13
THE COURT:
14
TH
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17
18
19
ND
09:16:50
FR
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09:16:27
OF
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09:15:35
15
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09:14:34
11
All right.
FO
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845
24
Maybe your
25
09:17:17
846
privilege.
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at all.
MS. WANG:
10
11
THE COURT:
12
MS. WANG:
13
THE COURT:
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14
15
16
17
18
from Chief Trombi discussed any -- even though Ms. Stutz was
19
And
OF
MS. WANG:
All right.
09:18:10
BY MS. WANG:
Q.
Chief Sheridan, when you left the monitor's office you met
FR
23
09:17:53
IE
22
It only relates to
ND
20
21
09:17:46
FO
09:17:35
24
A.
Yes, ma'am.
25
Q.
09:18:17
A.
Yes.
Q.
A.
Yes.
Q.
meeting?
A.
No.
THE COURT:
10
MS. WANG:
Thank you.
11
BY MS. WANG:
12
Q.
13
Trombi?
14
A.
15
16
17
18
Q.
Okay.
19
A.
20
Q.
21
A.
TH
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So, Chief, what happened during that meeting with Stutz and
OF
09:18:53
ND
09:19:20
She told me that I didn't tell the monitor that I had told
FR
23
09:18:36
IE
22
09:18:27
FO
MS. WANG:
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847
Did she suggest that you tell the monitor what had
24
happened?
25
A.
09:19:50
848
Q.
A.
GB
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Was anything else said during this meeting that you had
Q.
11
12
A.
Correct.
13
Q.
14
15
A.
Yes, ma'am.
16
Q.
17
18
A.
Yes.
19
Q.
20
A.
21
Q.
09:20:43
TH
E
ND
OF
09:20:57
Approximately.
09:21:12
IE
And you revealed that you had directed Chief Trombi to send
Correct.
24
Q.
When you spoke with the monitor, you told him that
25
Chief Trombi had sent the e-mail without your knowledge, isn't
FR
23
All right.
FO
10
22
09:20:17
09:21:30
that right?
A.
Correct.
Q.
A.
No.
Q.
Well, you had just talked to Dave Trombi and he had just
GB
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849
A.
Yes.
10
Q.
11
12
A.
13
Chief Trombi sent that e-mail, like you pointed out to me a few
14
15
Chief Warshaw.
16
Q.
17
Chief Warshaw that you were the one who directed Chief Trombi
18
19
A.
20
Q.
21
TH
E
09:22:21
OF
ND
That's correct.
09:22:41
IE
When you went to the meeting with the monitor at about 2:30
correct?
A.
That's correct.
24
Q.
25
Chief Trombi had sent the e-mail without your knowledge, when
FR
23
09:21:58
FO
22
09:21:40
09:22:57
850
A.
Q.
A.
Q.
A.
Yes.
Q.
And you knew at the point you told Chief Warshaw that that
GB
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Sir, you told Chief Warshaw that Chief Trombi sent the
you were the one who directed him to do it, isn't that right?
11
A.
Yes.
12
Q.
13
14
A.
15
Q.
16
from your statement that Trombi sent the e-mail without your
17
knowledge, that someone hearing that would infer that you were
18
TH
E
argumentative.
THE COURT:
IE
21
09:24:17
THE WITNESS:
No.
BY MS. WANG:
FR
23
09:23:53
OF
MS. IAFRATE:
ND
19
22
09:23:35
FO
10
20
09:23:16
24
Q.
25
A.
No.
09:24:32
851
Q.
A.
he accomplished it.
Q.
Chief Trombi, but you were unaware that he had already sent it,
right?
A.
GB
OW
.C
OM
Well, you did not tell Chief Warshaw that you had directed
That's correct.
incident.
11
12
13
14
about that, and he says, well, I'm going to have to tell the
15
09:25:02
TH
E
I'll be back.
09:25:29
OF
16
17
18
Q.
19
20
A.
21
ND
So you left out the fact that you were the one who directed
09:25:48
IE
Q.
My only question, Chief, is you left out the fact that you
were the one who directed Dave Trombi to send out the e-mail
FR
23
I was very
FO
10
22
09:24:47
24
25
A.
Agreed.
09:26:09
852
Q.
right?
A.
Q.
Martinez it was the first time that you revealed to the monitor
team that there had been this earlier meeting in the sheriff's
A.
10
Q.
You don't recall that you revealed that you had had the
11
meeting with the sheriff earlier in the day before meeting with
12
13
A.
14
sat down and we had a full discussion about all the issues that
15
16
17
18
19
Q.
20
FO
09:26:58
TH
E
09:27:19
OF
ND
Okay.
09:27:45
FR
23
09:26:37
IE
21
22
GB
OW
.C
OM
24
A.
25
09:27:55
Q.
A.
Yes, ma'am.
Q.
A.
Yes.
Q.
A.
Yes.
Q.
GB
OW
.C
OM
All right.
853
is that right?
11
A.
12
Q.
13
14
A.
15
Q.
Yes, correct.
16
A.
Correct.
17
Q.
And you told them that this was due to fatigue, stress, and
18
19
A.
20
Q.
21
TH
E
OF
ND
That's correct.
Now, that night, May 14, 2014, you wrote a letter to
09:28:51
correct?
A.
Yes, ma'am.
24
Q.
25
evidence.
FR
23
09:28:41
IE
22
09:28:20
FO
10
09:28:06
This is in
09:29:17
854
A.
Yes, it is.
Q.
Okay.
GB
OW
.C
OM
A.
Yes, I do.
10
Q.
Okay.
This letter is in
11
13
A.
That's correct.
14
Q.
Okay.
15
16
17
18
19
chain of command.
OF
09:30:05
22
IE
You
09:30:19
FR
25
ND
wrote:
24
You wrote:
21
23
TH
E
12
20
09:29:48
FO
09:29:37
Internal Affairs.
And then in parentheses you wrote:
In preparation for
09:30:36
855
GB
OW
.C
OM
A.
Yes, I do.
Q.
2014, you wrote that you did not recall who directed him to
A.
That's correct.
10
Q.
But you already knew by that point that you were the one
11
12
A.
13
TH
E
Okay?
But as
16
you start to think about issues later and machinate them over a
17
18
09:31:31
OF
15
ND
19
because I knew Judge Snow wanted to see this letter first thing
21
IE
20
09:32:01
FR
23
09:31:04
14
22
09:30:49
FO
24
25
that evening.
09:32:32
Q.
Chief, I'm going to name some facts and I'd ask you to let
GB
OW
.C
OM
856
A.
Q.
team, you met with David Trombi and Christine Stutz, correct?
A.
Yes.
10
Q.
11
Christine Stutz, David Trombi reminded you that you were the
12
13
A.
Yes.
14
Q.
15
after you, I think the word you used was "machinate," after you
16
17
Chief Warshaw that Dave Trombi did not recall who directed him
18
to send the e-mail, and quite frankly, you did not recall,
19
20
A.
21
Q.
TH
E
OF
09:33:21
ND
That's correct.
09:33:38
That was not true at the time you wrote it, was it?
A.
Yes, it was.
Q.
You knew quite well who directed Dave Trombi to send the
FR
23
09:33:00
IE
22
09:32:47
FO
24
25
A.
09:33:48
857
GB
OW
.C
OM
that told him what to do, but I also believe that other people
were not just mute and silent during that time period and we
FO
10
12
forget, I had been in front of this Court, the last time I'd
13
been in front of the this Court before this day it was not a
14
very pleasant experience for me, and so I did not want to make
15
a mistake again.
16
Q.
So --
17
A.
18
19
Q.
20
21
A.
So --
OF
09:35:23
ND
Even though Dave Trombi had reminded you that you were the
09:35:45
Again, I --
IE
22
Q.
A.
No.
24
Q.
Are you questioning whether you were the one to direct him?
25
A.
No.
FR
23
09:34:51
TH
E
11
09:34:23
09:36:02
He directly reports
to me.
Q.
A.
Absolutely.
Q.
A.
Correct.
Q.
GB
OW
.C
OM
858
And so you would likely have been the one to order him to
is that right?
11
A.
We take direction and advice from our counsel all the time.
12
Q.
But you would have been the one to direct Dave Trombi to
13
14
A.
15
16
direction.
17
Q.
18
A.
Of course I would.
19
Q.
20
21
TH
E
But believe me, if one of the counsel that was present told
OF
A.
Q.
24
A.
No.
25
Q.
So in that room there were only two people who had the
FR
23
09:36:51
ND
IE
22
09:36:31
FO
10
09:36:15
09:37:05
09:37:17
859
correct?
A.
Correct.
Q.
So, sir, do you agree sitting here now that you were the
A.
times.
Q.
GB
OW
.C
OM
11
directed Chief Trombi to send the e-mail, you wrote that Dave
12
Trombi did not recall who directed him to send the e-mail,
13
14
A.
That's correct.
15
Q.
But you knew when you sent this letter that Dave Trombi
16
recalled that you were the one who directed him to send the
17
e-mail, right?
18
A.
I don't know.
19
Q.
TH
E
OF
09:38:13
IE
Warshaw, these events had just happened over the course of that
same day, correct?
A.
Correct.
24
Q.
25
FR
23
09:37:54
ND
20
22
09:37:41
FO
10
21
09:37:30
09:38:36
860
A.
Correct.
Q.
And you said that you were suffering from fatigue and
A.
That's correct.
Q.
Is there any other reason why you felt that this happened
A.
Yes.
Q.
What's that?
A.
GB
OW
.C
OM
11
occurring.
12
13
day.
14
Q.
15
16
you?
17
A.
18
19
40 years.
20
21
Q.
TH
E
OF
You did not mention that among your excuses for what
09:39:28
ND
In
IE
09:39:50
your letter of May 14, 2014, you told Chief Warshaw that the
explanation for what had happened was that you were suffering
FR
23
09:39:02
FO
10
22
09:38:47
24
25
A.
09:40:10
861
Q.
You did not mention that you had been suffering from a
A.
I did not.
Q.
courtroom, on November 20th, 2014, that you were the one who
A.
Q.
The first time you admitted that you were the one who
11
A.
Yes.
12
Q.
13
14
A.
Correct.
15
Q.
16
A.
I was.
17
Q.
18
court, correct?
19
A.
Correct.
20
Q.
21
A.
TH
E
OF
09:40:58
Q.
09:41:04
Yes.
Now, sir, you're aware that the monitor, Chief Warshaw, has
FR
23
09:40:47
IE
22
09:40:26
FO
10
ND
GB
OW
.C
OM
24
correct?
25
A.
09:41:24
862
deposition.
Q.
your claims about the events of May 14, 2014, not credible?
A.
Q.
A.
Q.
You've spent quite a lot of time with him over the course
A.
GB
OW
.C
OM
All right.
11
Q.
12
A.
13
14
15
Q.
16
14, 2014?
17
A.
Yes.
18
Q.
19
A.
Yes.
20
Q.
21
A.
TH
E
09:42:10
We had a first
I'd only met
09:42:32
ND
OF
09:42:41
Yes.
IE
Q.
investigation, right?
FR
23
FO
10
22
09:41:45
24
A.
Yes.
25
Q.
09:42:51
A.
Correct.
Q.
A.
That's correct.
Q.
A.
Correct.
Q.
GB
OW
.C
OM
863
A.
Yes, ma'am.
11
Q.
12
Office?
13
A.
Yes.
14
Q.
15
16
A.
Yes, ma'am.
17
Q.
And you heard the federal judge express concerns that this
18
19
correct?
20
A.
21
Q.
TH
E
ND
OF
09:43:35
09:43:50
A.
I did.
24
Q.
25
A.
He did.
FR
23
Yes, ma'am.
IE
22
09:43:22
FO
10
09:43:08
09:44:04
864
Q.
enforcement, right?
A.
I do.
Q.
correct?
A.
Yes.
Q.
A.
Yes.
10
Q.
11
12
right?
13
A.
Yes, ma'am.
14
Q.
15
A.
I do.
16
Q.
17
18
A.
They do.
19
Q.
20
21
A.
09:44:37
ND
OF
TH
E
FO
09:44:24
09:44:53
Yes.
Q.
A.
Yes.
24
Q.
25
FR
23
09:44:16
IE
22
GB
OW
.C
OM
09:45:04
A.
Q.
A.
it?
Q.
A.
Absolutely.
Q.
GB
OW
.C
OM
865
situation, correct?
11
A.
Yes.
12
Q.
13
A.
14
15
Q.
16
17
A.
18
Q.
All right.
19
20
A.
21
Q.
TH
E
09:45:54
OF
ND
Yes, ma'am.
09:46:08
IE
A.
I do.
Q.
24
A.
Yes.
25
Q.
FR
23
09:45:40
FO
10
22
09:45:31
09:46:24
A.
I do.
Q.
A.
I try.
Q.
GB
OW
.C
OM
866
A.
Yes.
10
Q.
11
12
13
A.
14
Q.
15
it as a serious question.
16
A.
17
18
Q.
19
20
A.
21
Q.
TH
E
Because I mean
09:47:09
OF
ND
Yes.
09:47:38
Yet you claim you forgot about Judge Snow's orders later of
FR
23
IE
22
09:46:49
FO
09:46:33
No.
24
25
Q.
09:48:15
867
A.
Absolutely not.
Q.
You were paying attention in court that day, were you not?
A.
Yes, ma'am.
Q.
A.
Yes, I did.
Q.
GB
OW
.C
OM
11
A.
Yes, I did.
12
Q.
You remembered that when you walked into court on May 14,
13
2014, correct?
14
A.
Oh, yes.
15
Q.
16
17
A.
Yes, ma'am.
18
Q.
19
A.
Absolutely.
20
Q.
21
TH
E
OF
ND
09:49:05
24
25
FR
23
09:48:56
IE
22
09:48:47
FO
10
09:48:32
A.
09:49:34
868
Q.
find out information about who at MCSO was using video cameras,
correct?
A.
Correct.
Q.
And the reason you did that is because you were looking
into whether MCSO could get some state grant money to purchase
A.
GB
OW
.C
OM
Or to report on a
11
Q.
12
13
A.
14
Q.
All right.
15
16
who was using video cameras at MCSO, and for what purposes,
17
correct?
18
A.
Correct.
19
Q.
20
central, correct?
21
A.
TH
E
ND
OF
09:50:31
09:50:48
Correct.
IE
Q.
You did not mention in your meeting with the monitor team
that just three months earlier you had already been engaged in
FR
23
09:50:16
FO
10
22
09:49:46
24
25
A.
Correct.
09:51:02
Q.
correct?
A.
Correct.
Q.
A.
I did not.
Q.
So we saw Exhibit 38, which was the May 14, 2014, e-mail
11
A.
Yes, ma'am.
13
Q.
Okay.
14
out by Larry Farnsworth on May 17, 2014, but in the text of the
15
16
A.
Yes, I do.
17
Q.
18
A.
19
20
Q.
21
09:52:06
ND
OF
TH
E
09:52:20
IE
A.
Q.
FR
23
09:51:42
12
22
09:51:14
FO
10
GB
OW
.C
OM
869
24
25
A.
Yes.
09:52:41
MS. WANG:
870
BY MS. WANG:
Q.
vehicle cameras.
GB
OW
.C
OM
As a follow-up to
A.
Yes.
Q.
11
A.
Yes.
12
Q.
All right.
13
14
A.
That's correct.
15
Q.
16
17
recordings, correct?
18
A.
Correct.
19
Q.
20
21
24
25
09:53:21
OF
TH
E
ND
A.
FR
23
IE
22
09:53:08
FO
10
09:52:59
09:53:48
Yes, I do.
MS. WANG:
Thank you.
09:54:03
BY MS. WANG:
Q.
A.
Correct.
Q.
Indeed --
871
MS. WANG:
GB
OW
.C
OM
By May 21, 2014, Chief Trombi had not received 100 percent
THE COURT:
You may.
MS. WANG:
Okay.
11
(Pause in proceedings.)
12
BY MS. WANG:
13
Q.
14
TH
E
Okay, sir.
16
09:55:11
OF
15
18
19
20
A.
21
Q.
ND
17
Yes, ma'am.
09:55:24
IE
A.
Yes.
Q.
FR
23
09:54:42
FO
10
22
09:54:21
24
25
month?
A.
Yes.
Q.
Okay.
all right?
GB
OW
.C
OM
872
Captain Bailey:
sworn employees.
11
May 15 order.
Do you see that?
A.
Yes, ma'am.
14
Q.
He then writes:
15
16
personal devices."
OF
17
Yes, I do.
19
Q.
And he wrote:
20
system database."
ND
18
09:56:42
IE
21
A.
Yes.
Q.
All right.
FR
23
TH
E
13
22
09:56:15
FO
10
12
09:55:52
24
25
09:56:55
873
order, correct?
A.
Correct.
Q.
Now, sir, did there come a time in June where you had to
A.
Q.
Okay.
"On June
12
13
14
15
16
17
18
Chief
09:58:00
Yes.
A.
20
Q.
21
ND
19
IE
09:58:11
A.
I do.
24
Q.
25
2014?
FR
23
09:57:39
OF
TH
E
11
22
09:57:13
FO
10
GB
OW
.C
OM
09:58:25
874
A.
Vaguely, ma'am.
Q.
A.
Yes.
Q.
A.
Yes.
Q.
GB
OW
.C
OM
11
12
13
A.
14
responses quickly enough, and how important this issue was, and
15
that I remember telling Chief Trombi that not only were the
16
17
18
Q.
19
20th, 2015, you still had not received responses from all
20
21
A.
TH
E
OF
09:59:20
ND
Q.
09:59:50
I believe so.
To this day, have you received 100 percent responses from
FR
23
IE
22
09:58:50
FO
10
09:58:37
24
A.
25
Q.
10:00:10
response rate?
A.
Q.
A.
I don't know.
THE COURT:
MS. WANG:
THE COURT:
11
12
15
16
17
19
20
21
IE
ND
18
10:01:07
Ms. Iafrate has seen all items and she approves the release.
FR
23
10:00:54
OF
14
22
10:00:37
TH
E
13
10:00:23
FO
10
GB
OW
.C
OM
875
24
25
10:01:26
GB
OW
.C
OM
876
released immediately.
Whoever your designated attorney is, get over there and review
them.
provided.
11
12
14
THE COURT:
15
THE WITNESS:
16
THE COURT:
No, sir.
TH
E
13
Yes, sir.
All right.
MS. IAFRATE:
10:02:11
18
Okay.
OF
Ms. Iafrate?
20
21
IE
THE COURT:
10:02:23
you've tried so far has worked very well, and we don't have
FR
23
ND
19
22
10:01:58
FO
10
17
10:01:43
24
25
So
10:02:39
documents.
number of pages.
MS. IAFRATE:
GB
OW
.C
OM
clarify that I believe that what I have been doing has been
877
THE COURT:
10
11
12
That's my concern.
14
believe that we still have all the documents that are relevant
15
to this case, and I'm not going to put up with it any more, and
16
10:03:22
OF
TH
E
13
17
19
personally.
20
your best efforts, and I appreciate your belief and your view
21
18
IE
ND
can match up documents and Bates stamp them and get a good
FR
23
10:03:06
FO
22
10:02:52
24
control.
25
10:03:52
THE WITNESS:
little confusion.
Can I confer
GB
OW
.C
OM
878
THE COURT:
(Pause in proceedings.)
8
9
10
THE COURT:
I do realize we're at
11
MS. IAFRATE:
12
THE COURT:
13
All right.
Thank you.
16
(Recess taken.)
17
THE CLERK:
All rise.
18
THE COURT:
Please be seated.
MR. McDONALD:
13:37:12
IE
miscommunication.
FR
23
10:05:01
ND
19
22
All rise.
OF
THE CLERK:
21
Is that
15
20
10:04:31
TH
E
14
10:04:05
Absolutely.
FO
Yeah, absolutely.
24
25
13:37:24
879
prior to lunch.
GB
OW
.C
OM
CHIEF MARTINEZ:
THE COURT:
MS. IAFRATE:
Chief Knight.
Chief Knight.
Your Honor --
THE COURT:
11
MS. IAFRATE:
12
THE COURT:
13
MS. IAFRATE:
14
THE COURT:
15
Sure.
TH
E
lunch, Chief.
17
18
19
20
shouldn't.
21
25
13:38:01
There's
IE
ND
MS. IAFRATE:
13:38:19
one point there were three requests, and now I think that there
FR
24
OF
16
23
13:37:50
FO
10
22
13:37:39
Yeah, it --
13:38:35
MS. IAFRATE:
THE COURT:
880
GB
OW
.C
OM
of the confusion.
the chief deputy went over to try the facilitate that, and
MS. IAFRATE:
Okay.
11
so -THE COURT:
13
THE WITNESS:
TH
E
12
16
17
(Recess taken.)
18
THE COURT:
Thank you.
I understand
ND
MS. IAFRATE:
THE COURT:
FR
IE
21
23
Ms. Iafrate.
13:39:17
20
22
OF
15
19
13:39:07
FO
10
14
13:38:50
Thank you.
13:48:48
Appreciate that.
Ms. Wang.
MS. WANG:
24
BY MS. WANG:
25
Q.
13:49:00
881
A.
Good afternoon.
Q.
Chief, would you agree with me that the effort that started
A.
No.
Q.
A.
No.
Q.
GB
OW
.C
OM
MCSO?
11
A.
12
13
14
TH
E
15
17
18
19
Q.
20
21
13:50:23
IE
ND
A.
Q.
24
A.
Under the context of the question you just asked me, yes.
25
Q.
Now, sir, are you aware that HSU in particular has had
FR
23
13:49:54
OF
16
22
13:49:26
FO
10
13:49:11
13:50:42
882
A.
Yes.
Q.
evidence.
GB
OW
.C
OM
MS. WANG:
BY MS. WANG:
Q.
11
A.
Yes, it is.
12
Q.
13
A.
Correct.
14
Q.
15
16
been -- the HSU has been tasked with researching how many
17
18
TH
E
OF
S
A.
21
Q.
Yes, ma'am.
And then Sergeant Powe wrote:
13:51:44
IE
20
FR
24
25
13:51:28
ND
19
23
13:51:17
FO
10
22
13:51:06
A.
13:51:56
883
Q.
"Complicating this search is the fact that the HSU squad was
GB
OW
.C
OM
A.
Yes.
Q.
"I
11
12
Yes, ma'am.
14
Q.
15
paragraph:
16
ascertain what tracking system was in place over the past eight
17
years."
13:52:38
OF
18
TH
E
13
A.
Yes, I do.
20
Q.
21
ND
19
IE
13:52:48
FR
23
13:52:27
FO
10
22
13:52:14
24
A.
Yes.
25
Q.
13:53:00
A.
Yes.
Q.
Thank you.
GB
OW
.C
OM
884
subordinate to you did what you did on May 14th, 2014, what
A.
Q.
from a federal judge, and then left the courthouse, took action
11
12
TH
E
13
14
15
A.
16
17
Q.
18
A.
19
20
21
hypothetical situation.
13:54:01
OF
ND
mindset was.
FR
23
IE
22
13:53:42
FO
10
13:53:14
24
25
13:54:52
885
action.
Q.
All right.
GB
OW
.C
OM
I'm sorry.
right?
10
11
12
"Question:
Okay.
This is
what steps you would take if someone -- let's say you were the
14
sheriff, and your second in command did what you did on May
15
TH
E
13
"Answer:
17
19
Q.
20
A.
21
Q.
ND
13:56:26
And if you were the sheriff and your chief deputy did what
you did on May 14th, you would take his word for it that what
he did was a matter of fatigue, confusion?
FR
23
IE
22
13:56:08
BY MS. WANG:
OF
16
18
13:55:41
FO
13:55:20
24
A.
Yes.
25
13:56:54
886
and he's never given me one reason to ever doubt his integrity,
Q.
that situation?
A.
loyalty.
integrity level.
GB
OW
.C
OM
Q.
11
12
A.
Yes.
13
Q.
-- is that right?
14
A.
Yes, ma'am.
15
Q.
16
A.
17
Q.
18
TH
E
OF
13:57:50
ND
19
20
correct?
21
A.
13:58:07
Yes, ma'am.
IE
Q.
And are you aware sitting here now that Judge Snow issued a
FR
23
13:57:40
FO
10
22
13:57:22
24
A.
Yes, I am.
25
Q.
13:58:18
887
A.
Justice.
Q.
A.
That's correct.
Q.
December 23rd of 2011, and you did not find about it -- find
GB
OW
.C
OM
11
in March?
12
A.
13
14
Q.
TH
E
15
16
MS. WANG:
17
MS. WANG:
20
It may be published.
Thank you.
13:59:39
IE
BY MS. WANG:
Q.
Sir, do you see that this is an e-mail that Tim Casey wrote
FR
23
ND
19
22
13:59:17
OF
THE COURT:
18
21
13:58:59
FO
10
13:58:40
24
A.
Yes, ma'am.
25
Q.
And do you also see that this e-mail indicates that the
13:59:53
888
A.
Yes.
Q.
And do you also see that Tim Casey marked this e-mail as
A.
Yes.
Q.
Do you contend that you never saw this e-mail at the time
it was sent?
A.
That's correct.
Q.
GB
OW
.C
OM
11
call.
12
Yes.
14
Q.
15
16
A.
No, ma'am.
17
Q.
18
23rd, 2011?
19
A.
20
Q.
21
A.
OF
14:00:39
ND
14:00:48
Yes.
IE
Q.
You knew that he was the lawyer representing the MCSO and
FR
23
TH
E
13
22
14:00:26
FO
10
14:00:11
24
A.
I did.
25
Q.
14:01:00
889
lawsuit, right?
A.
Yes.
Q.
profiling, correct?
A.
No.
Q.
A.
No.
Q.
GB
OW
.C
OM
11
A.
12
13
Q.
14
2011?
15
A.
16
heard about the lawsuit I was the chief of custody running the
17
jails, and there was some discussion about Mr. Melendres being
18
19
20
that he was attempting to gain work, and that they called ICE,
21
TH
E
14:02:00
ND
OF
14:02:45
FR
23
IE
22
14:01:38
FO
10
14:01:19
24
Q.
25
14:03:05
890
A.
Yes.
Q.
Of course.
A.
Okay.
about.
Q.
A.
Yes, ma'am.
10
Q.
And were you aware at the time that Tim Casey represented
11
12
right?
13
A.
14
Q.
15
16
A.
17
Q.
18
19
A.
20
Q.
21
14:03:19
14:03:31
FO
All right.
14:03:51
OF
TH
E
ND
That's correct.
And you, I believe, just testified that every lawsuit
A.
Yes.
Q.
FR
23
14:04:05
IE
22
Can I finish?
GB
OW
.C
OM
24
25
it?
14:04:22
891
A.
That's correct.
Q.
Sir, this was not the only e-mail that you received from
A.
I don't know.
Q.
11
MS. WANG:
that it be published.
THE COURT:
13
MS. WANG:
Thank you.
14
BY MS. WANG:
15
Q.
16
17
Yes, ma'am.
20
Q.
21
ND
A.
25
IE
FR
24
14:05:16
19
23
OF
18
22
14:05:10
It is published.
TH
E
12
14:04:40
FO
10
GB
OW
.C
OM
THE COURT:
MS. WANG:
14:05:32
MS. IAFRATE:
14:05:41
892
THE COURT:
MS. IAFRATE:
THE COURT:
MS. IAFRATE:
Yes.
I do not.
What's up?
THE COURT:
MS. IAFRATE:
Yeah.
witness list.
11
attorney-client privilege --
12
THE COURT:
13
MS. WANG:
14
THE COURT:
15
MS. WANG:
16
MS. IAFRATE:
17
THE COURT:
18
TH
E
OF
S
ND
THE COURT:
21
25
14:06:41
FR
24
However, there is
IE
23
14:06:16
20
22
14:06:08
FO
10
19
14:05:59
courtroom.
GB
OW
.C
OM
14:07:00
GB
OW
.C
OM
MR. CASEY:
I do, sir.
THE COURT:
MS. CLARK:
THE COURT:
MR. CASEY:
THE COURT:
Thank you.
Ms. Wang.
11
MS. WANG:
BY MS. WANG:
13
Q.
14
15
16
17
18
14:07:38
OF
TH
E
A.
21
Q.
Yes, ma'am.
14:07:51
Do you contend that you did not look at that e-mail from
IE
20
ND
19
Tim Casey?
A.
24
Q.
25
A.
Yes.
FR
23
14:07:25
12
22
14:07:18
FO
10
893
14:08:06
Q.
approval?
A.
Certainly.
Q.
A.
decision.
Q.
GB
OW
.C
OM
894
And your testimony is that you would not have been involved
A.
11
12
13
Q.
14
15
16
A.
Correct.
17
Q.
18
A.
Yes, ma'am.
19
Q.
20
21
correct?
14:08:40
You've
14:09:06
IE
ND
OF
TH
E
A.
Yes.
Q.
All right.
FR
23
FO
10
22
14:08:28
24
25
A.
I did.
14:09:18
14:09:39
Q.
(Pause in proceedings.)
MS. WANG:
GB
OW
.C
OM
895
the testimony.
as well.
THE COURT:
MS. IAFRATE:
MR. COMO:
11
MR. WALKER:
12
THE COURT:
FO
10
Objections?
14:10:24
14
15
TH
E
13
(Pause in proceedings.)
17
MS. WANG:
18
THE COURT:
If he -- if I granted the
14:10:42
OF
16
Your Honor --
20
21
point.
22
ND
IE
19
MS. WANG:
14:11:13
to exclude him, based on the reasons that Your Honor just laid
FR
23
14:10:09
24
out.
25
Honor can take into account the fact he has been here for -- up
14:11:27
THE COURT:
MR. LIDDY:
THE COURT:
11
MS. WANG:
12
THE COURT:
14
TH
E
something?
MR. McDONALD:
Yes.
excluded.
16
OF
15
THE COURT:
18
MR. McDONALD:
19
leave or not.
20
ND
24
25
MR. McDONALD:
MR. LIDDY:
14:12:19
Oh. Okay.
from leaving?
FR
23
THE COURT:
IE
22
14:12:07
17
21
14:11:58
FO
10
13
14:11:47
Judge.
8
9
hear this.
6
7
4
5
All right.
GB
OW
.C
OM
896
THE COURT:
14:12:27
897
THE COURT:
Are you?
a strange capacity.
GB
OW
.C
OM
11
Your Honor.
14
TH
E
13
MR. LIDDY:
THE COURT:
16
18
THE COURT:
Ms. Wang.
17
MS. WANG:
20
BY MS. WANG:
21
Q.
25
14:13:22
IE
FR
24
ND
19
23
14:13:15
OF
15
22
14:13:03
FO
10
12
14:12:44
were present.
Do you recall that testimony?
14:13:34
898
A.
Yes, ma'am.
Q.
A.
Q.
A.
Yes.
Q.
injunction order.
GB
OW
.C
OM
I do.
11
Q.
12
13
order?
14
A.
I do not.
15
Q.
16
truthful?
17
A.
TH
E
OF
Excuse me.
MS. CLARK:
ND
please.
22
IE
THE COURT:
21
FR
23
14:14:18
I guess so.
18
20
14:14:05
FO
10
19
14:13:51
Sidebar,
14:14:43
(Pause in proceedings.)
THE COURT:
24
25
counsel who wants to, I'm going to check to see if there's any
14:15:30
THE COURT:
counsel join?
MS. IAFRATE:
THE COURT:
MS. WANG:
THE COURT:
None.
Anybody else?
No.
11
13
TH
E
12
MS. CLARK:
Oh, okay.
15
THE COURT:
up close --
MS. CLARK:
Okay.
18
THE COURT:
22
All right?
MS. CLARK:
14:16:08
Just a few
FR
23
ND
21
can hear, but loud enough that this assemblage can hear.
IE
20
17
19
14:16:00
OF
14
16
14:15:43
FO
10
GB
OW
.C
OM
899
24
THE COURT:
Yes.
25
MS. CLARK:
14:16:18
900
That's correct.
MS. CLARK:
-- in a future proceeding.
GB
OW
.C
OM
8
9
the absence of that, I don't want Mr. Casey to lose his chosen
11
counsel.
12
14
15
16
THE COURT:
TH
E
13
OF
18
Ms. Iafrate.
19
the room, even though she feels like she might have to give
20
ND
IE
MS. IAFRATE:
FR
23
14:16:55
17
22
14:16:42
FO
10
21
14:16:25
THE COURT:
MS. WANG:
25
THE COURT:
MR. WALKER:
24
14:17:13
No objection .
14:17:24
We have no objection.
5
6
MS. WANG:
MR. STEIN:
MR. McDONALD:
Arpaio.
11
12
MR. EISENBERG:
THE COURT:
All right.
15
MS. CLARK:
Okay.
16
17
THE COURT:
14:18:02
OF
ND
19
20
MS. WANG:
14:18:17
IE
BY MS. WANG:
Q.
FR
23
TH
E
14
22
14:17:47
No objection.
MR. COMO:
21
No
13
18
14:17:34
No objection.
Lieutenant Sousa.
No
objection.
9
10
objection.
7
8
FO
MR. WALKER:
GB
OW
.C
OM
901
24
A.
Yes.
25
Q.
14:18:35
902
executive, correct?
A.
Yes.
Q.
A.
I did.
Q.
A.
Yes.
Q.
11
13
14
15
A.
No.
16
Q.
17
A.
No.
18
Q.
Okay.
19
20
21
A.
14:19:31
OF
TH
E
you aware sitting here today that the hearing on the motions
ND
14:19:49
IE
Q.
A.
24
Q.
Yes, sir.
25
can see that on December 22nd of 2011 The Arizona Republic ran
FR
23
14:19:07
Are
12
22
14:18:50
FO
10
GB
OW
.C
OM
903
a story on the front page of the Valley and State section that
GB
OW
.C
OM
A.
Yes, ma'am.
Q.
Do you also see on the second page of Exhibit 120 that the
just one week after the U.S. Department of Justice released its
11
MS. IAFRATE:
12
MS. WANG:
Exhibit 120.
14
15
TH
E
13
THE COURT:
17
THE WITNESS:
14:20:49
OF
MS. WANG:
Yes, I do.
BY MS. WANG:
19
Q.
20
21
A.
18
ND
Yes, I was.
IE
Q.
FR
23
I don't
16
22
14:20:40
FO
10
14:20:21
24
A.
25
Q.
14:21:15
904
GB
OW
.C
OM
A.
Yes.
Q.
And do you contend that you didn't see this article either?
A.
Q.
All right.
10
11
12
A.
13
Q.
14
A.
Maybe 121?
15
Q.
Let's see.
TH
E
17
OF
16
A.
21
22
FR
23
THE CLERK:
24
25
14:23:10
Thank you.
You're welcome.
THE WITNESS:
BY MS. WANG:
THE WITNESS:
THE CLERK:
14:22:30
IE
20
MS. WANG:
ND
19
14:22:12
FO
18
14:21:43
Okay.
14:23:35
905
Q.
A.
Yes.
Q.
A.
I do.
Q.
A.
Yes.
10
Q.
And did you see this when the article ran in The Republic
11
12
A.
13
Q.
14
published?
15
A.
I could have.
16
Q.
Now, are you aware sitting here now that the sheriff filed
17
18
A.
I'm sorry.
19
Q.
Are you aware sitting here now that the sheriff filed an
20
21
14:24:12
OF
TH
E
FO
14:23:58
ND
A.
Yes.
Q.
24
A.
25
Q.
Do you contend you did not know about the filing of that
FR
23
14:23:47
14:24:30
IE
22
GB
OW
.C
OM
14:24:41
906
A.
Q.
And are you aware sitting here now that the U.S. Court of
A.
Yes, I'm --
Q.
that?
A.
Yes, ma'am.
Q.
Do you contend you were not aware that MCSO lost a case in
GB
OW
.C
OM
Do you understand
11
in September of 2012?
12
A.
13
Q.
14
TH
E
17
Q.
18
A.
Yes, ma'am.
19
Q.
And are you also aware that in May of 2013, Judge Snow
20
21
A.
ND
14:25:34
IE
Yes.
Q.
A.
I did.
24
Q.
25
A.
Yes, ma'am.
FR
23
14:25:22
OF
16
22
14:25:04
FO
10
15
14:24:55
14:25:44
Q.
A.
That's correct.
Q.
A.
I did.
Q.
Yes, it is.
11
12
MS. WANG:
14
MR. WALKER:
15
MR. COMO:
16
THE COURT:
17
TH
E
MS. IAFRATE:
No objection.
No objection.
14:26:56
OF
BY MS. WANG:
19
Q.
20
21
correct?
18
14:27:06
IE
ND
A.
I did.
BY MS. WANG:
FR
23
14:26:44
13
22
14:26:09
FO
10
And after reading it you still were not aware that there
GB
OW
.C
OM
907
24
Q.
And you also said that MCSO was appealing the trial ruling,
25
correct?
14:27:16
908
A.
I did.
Q.
A.
Unfortunately, I did.
Q.
And you criticized the U.S. Court of Appeals for the Ninth
Circuit, correct?
A.
Yes, ma'am.
Q.
All right.
GB
OW
.C
OM
I do.
11
Q.
12
A.
Yes.
13
Q.
And you got in trouble with the Court for some statements
14
15
A.
16
Q.
Okay.
17
about what you said at that briefing, sir, and I will try to be
18
as brief as I can.
TH
E
14:27:54
OF
ND
19
20
21
A.
14:28:13
Correct.
IE
Q.
patrol, correct?
FR
23
14:27:42
FO
10
22
14:27:26
24
A.
Yes, ma'am.
25
Q.
And this patrol happened just a few days after the Court
14:28:20
909
correct?
A.
That's right.
Q.
correct?
A.
I did.
Q.
right?
GB
OW
.C
OM
A.
I did.
11
Q.
And you said that it was Judge Snow who violated the
12
13
A.
I did.
14
Q.
15
17
MR. COMO:
TH
E
MS. WANG:
I'm
14:29:01
OF
16
I don't think
19
my list.
22
ND
FR
23
MS. WANG:
IE
21
18
20
14:28:49
FO
10
14:28:41
THE COURT:
24
detective, either.
25
MS. WANG:
I'm so sorry.
14:29:21
I apologize to the
204C.
Maybe on a better
14:29:32
910
day.
THE COURT:
MS. WANG:
GB
OW
.C
OM
THE COURT:
MS. WANG:
11
204C, please.
12
14
Q.
15
A.
Yes, ma'am.
16
Q.
17
talking about?
18
A.
OF
S
ND
Okay.
the -- the clip and then I can ask him questions about it.
THE COURT:
FR
23
MS. WANG:
IE
22
14:30:39
Yes, it does.
19
21
TH
E
13
20
14:30:31
FO
10
Okay.
14:29:48
Any objection?
MS. IAFRATE:
THE COURT:
14:30:49
24
25
cross-examination.
14:31:00
2
3
MS. WANG:
THE COURT:
MS. WANG:
GB
OW
.C
OM
911
Thank you.
Okay.
beginning.
THE COURT:
Yes.
out when Captain Lopez was talking about filling out the
11
12
13
want us to ask.
14
guess.
15
16
female and you're a, let's say, a black female and you marry a
17
18
19
20
ethnicity.
24
25
TH
E
ND
OF
14:32:24
FR
23
IE
22
14:31:27
FO
10
21
14:31:14
that (indiscernible).
14:32:50
BY MS. WANG:
Q.
little bit hard to hear it, but I heard you move toward the
GB
OW
.C
OM
All right.
912
And then:
I don't want
A.
Yes.
Q.
Is it true that -- well, you did not want the media to hear
That's correct.
11
12
MS. WANG:
Exhibit 204C.
THE COURT:
14
MS. IAFRATE:
MS. IAFRATE:
THE COURT:
ND
19
20
IE
FR
MR. WALKER:
THE COURT:
Oh, okay.
All right.
MR. COMO:
21
23
14:33:23
OF
THE COURT:
18
22
16
17
Any objection?
TH
E
13
15
14:33:12
FO
10
14:32:59
14:33:36
No objection.
204C is admitted.
24
BY MS. WANG:
25
Q.
And before you said that you didn't want the media to hear,
14:33:43
913
you were about to start talking about recording the race and
that right?
A.
That's correct.
Q.
All right.
A.
Yes, ma'am.
Q.
A.
That's correct.
10
Q.
All right.
11
12
A.
That's correct.
13
Q.
14
A.
Yes, ma'am.
MS. WANG:
All right.
short clip from 204D, and we'll just stop it again to make sure
17
22
ND
clerk.)
FR
23
IE
21
14:34:19
18
20
14:34:04
OF
16
19
14:33:56
FO
TH
E
15
GB
OW
.C
OM
14:34:42
24
25
Right?
So if you don't
14:35:14
A VOICE:
"Don't know."
A no.
Thank you.
GB
OW
.C
OM
Well, I'm
not guessing what this guy is, let's say I don't know.
10
BY MS. WANG:
Q.
Right?
11
MS. WANG:
12
MS. IAFRATE:
13
MR. WALKER:
14
MR. COMO:
15
THE COURT:
16
17
MS. WANG:
14:35:48
Same objection.
TH
E
No objection.
14:35:58
OF
204D is admitted.
19
Q.
20
instruction, correct?
21
A.
BY MS. WANG:
ND
IE
I assume so.
14:36:06
FR
23
So
18
22
14:35:33
FO
914
24
25
A.
14:36:22
MS. WANG:
All right.
Exhibit 204E.
GB
OW
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OM
do it twice.
MS. WANG:
204E.
MS. IAFRATE:
11
THE COURT:
12
MS. IAFRATE:
Thank you.
13
MR. WALKER:
No objection.
14
MR. COMO:
15
THE COURT:
16
17
MS. WANG:
TH
E
None.
14:37:01
OF
204E is admitted.
BY MS. WANG:
19
Q.
20
21
correct?
18
14:37:14
IE
ND
A.
Yes, ma'am.
Q.
FR
23
14:36:55
FO
10
22
14:36:38
915
24
25
14:37:31
916
A.
Yes, ma'am.
Q.
A.
I do.
Q.
A.
Yes, ma'am.
GB
OW
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OM
11
12
Q.
13
14
at the took outset of the stop for the race or ethnicity of the
15
driver?
16
A.
17
description.
18
Q.
19
20
21
A.
TH
E
14:38:19
OF
ND
14:38:34
Yes.
IE
Q.
So isn't it true you could expect that, for the most part,
FR
23
14:38:02
FO
10
22
14:37:43
24
25
A.
Yes.
14:38:47
MS. WANG:
Exhibit 204G.
Could we play
GB
OW
.C
OM
917
this, I wish we didn't have to waste our time doing this, but
not want you to be distracted from what you're doing, from your
11
safe.
12
again.
I want you to be
14
BY MS. WANG:
15
Q.
TH
E
13
In that --
MS. WANG:
17
THE COURT:
18
MS. WANG:
ND
19
20
BY MS. WANG:
21
Q.
14:39:50
IE
FR
23
14:39:38
OF
16
22
14:39:21
FO
10
14:38:57
24
correct?
25
A.
No.
14:40:00
918
Q.
A.
career.
entire life on this planet, but this is probably the number one
regret.
I was very
Okay?
11
And to quote, I
13
14
15
16
17
18
Q.
19
the word "this" you meant comply with the judge's supplemental
20
21
A.
14:41:18
OF
TH
E
ND
So, sir, when you said, "I'm sorry you have to do this," by
14:41:39
IE
yes.
Q.
24
A.
25
FR
23
14:40:56
12
22
14:40:31
FO
10
GB
OW
.C
OM
14:41:57
Q.
Thank you.
GB
OW
.C
OM
All right.
919
that you did not want the deputies to be distracted by all this
outside crap.
A.
Yes, ma'am.
MS. WANG:
11
12
13
14
15
TH
E
THE COURT:
17
MS. IAFRATE:
24
25
S
ND
14:42:57
Any objection?
Is that my understanding?
indicating.
14:43:17
MS. IAFRATE:
their case in chief and close, and then I can proceed with
my --
FR
23
THE COURT:
IE
22
14:42:40
19
21
All right.
OF
16
20
FO
10
18
14:42:23
THE COURT:
know, Ms. Iafrate, every witness that has been called has been
14:43:27
920
MS. IAFRATE:
witnesses that --
7
8
Right.
THE COURT:
GB
OW
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OM
MS. IAFRATE:
11
12
TH
E
13
If
15
make them yet because you haven't produced the documents, and
16
17
19
20
21
IE
ND
18
25
I think
14:44:34
opportunity to object.
FR
24
14:44:12
OF
14
23
14:43:54
FO
10
22
14:43:49
MS. IAFRATE:
All right.
14:44:47
Mr. Walker?
MR. WALKER:
MR. COMO:
THE COURT:
MS. WANG:
now.
THE COURT:
MS. IAFRATE:
GB
OW
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OM
Ms. Iafrate.
10
THE COURT:
11
MS. IAFRATE:
Yes.
13
TH
E
THE COURT:
Yeah.
16
17
18
OF
15
21
22
Because I used it
14:45:24
I have no
Well, I --
14:45:37
FR
23
THE COURT:
IE
20
MS. IAFRATE:
ND
19
14:45:00
12
14
14:44:53
FO
921
MS. IAFRATE:
24
25
14:45:52
THE COURT:
MS. IAFRATE:
Um-hum.
You had some very specific questions for
GB
OW
.C
OM
922
THE COURT:
Yes.
MS. IAFRATE:
wait until you have your opportunity and then to follow up.
8
9
THE COURT:
11
12
raise them if you have issues that you'd like to put on the
13
record.
TH
E
14
16
17
with me.
MS. IAFRATE:
19
before I start?
20
ND
THE COURT:
Sure.
IE
MS. IAFRATE:
THE COURT:
Okay.
14:46:46
My copy
FR
23
Okay.
14:46:33
18
OF
15
22
14:46:19
FO
10
21
14:46:05
24
THE CLERK:
25
THE COURT:
14:46:55
MS. IAFRATE:
exhibit number.
3
4
THE COURT:
GB
OW
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OM
923
number.
MS. IAFRATE:
THE COURT:
That's fine.
Okay.
10
(Pause in proceedings.)
11
CROSS-EXAMINATION
BY MS. IAFRATE:
13
Q.
Good afternoon.
14
A.
Good afternoon.
15
Q.
16
think that you could move that microphone a little bit closer
17
to you?
18
A.
Certainly.
19
Q.
Thank you.
OF
14:48:02
S
Chief, we went through the morning, the entirety of
14:48:28
IE
Yes, ma'am.
24
Q.
25
A.
Correct.
FR
23
Do you
ND
20
22
TH
E
12
21
14:47:57
FO
14:47:04
14:48:47
Q.
And you were shown transcripts regarding the Court and you
A.
Yes.
Q.
GB
OW
.C
OM
924
A.
Yes, we did.
Q.
Now, those video clips that talk about statements that you
made regarding Judge Snow and the order, Judge Snow already
heard about that, correct?
11
A.
12
Q.
13
A.
14
15
Q.
16
A.
Yes, ma'am.
17
Q.
18
A.
Yes, ma'am.
19
Q.
20
A.
21
Q.
TH
E
OF
ND
14:49:53
Q.
24
25
Yes, ma'am.
A.
FR
23
14:49:41
IE
22
14:49:25
FO
10
14:49:06
A.
14:50:17
925
Q.
A.
Yes, I did.
Q.
A.
Yes.
Q.
A.
I did.
Q.
Okay.
A.
Yes.
10
Q.
What is it?
11
A.
12
Q.
So over a month ago this was filed with the Court, correct?
13
A.
That's correct.
14
Q.
15
16
the Court's orders and that there are consequences for these
17
violations."
14:51:01
OF
TH
E
FO
14:50:45
Q.
21
A.
ND
20
I do.
14:51:09
Yes, ma'am.
IE
A.
Q.
You agree that you acknowledge and appreciate that you have
FR
23
19
22
14:50:31
18
GB
OW
.C
OM
24
A.
That's correct.
25
Q.
14:51:17
926
correct?
A.
I have.
Q.
GB
OW
.C
OM
Keep going.
A.
Yes, ma'am.
Q.
11
A.
It does.
12
Q.
13
A.
Yes, it was.
14
Q.
15
16
A.
Correct.
17
Q.
18
19
20
discovery --
22
24
25
TH
E
14:52:33
OF
ND
FR
23
THE COURT:
IE
21
14:52:22
FO
10
14:52:07
14:52:57
Ms. Iafrate?
MS. IAFRATE:
THE COURT:
Yes.
14:53:03
3
4
MS. IAFRATE:
GB
OW
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OM
THE COURT:
Honor.
THE COURT:
MS. IAFRATE:
BY MS. IAFRATE:
Q.
correct?
11
A.
Yes, ma'am.
12
Q.
13
TH
E
14
14:53:23
FO
10
I am.
16
Q.
17
admissions, correct?
18
A.
That's correct.
19
Q.
20
A.
21
Q.
14:53:32
ND
OF
15
Yes.
IE
Okay.
14:53:41
the Court you admit that you violated the Court's orders by
FR
23
14:53:11
22
927
24
25
14:54:11
injunction, correct?
A.
MS. IAFRATE:
GB
OW
.C
OM
That's correct.
928
BY MS. IAFRATE:
Q.
done."
I do.
11
Q.
12
13
14
plaintiff."
TH
E
15
17
Q.
When you say "very much so," are you talking about the
18
sincere remorse?
19
A.
20
Q.
21
14:55:14
OF
16
ND
Yes, ma'am.
IE
14:55:18
the future."
FR
23
14:54:59
FO
10
22
14:54:26
24
A.
Wholeheartedly.
25
Q.
14:55:31
GB
OW
.C
OM
929
A.
Q.
A.
Never.
Q.
And how about do you respect the Court monitors and their
A.
Absolutely.
Q.
11
A.
That's correct.
12
Q.
When Ms. Wang was talking to you about the May 14, 2014,
13
order, you believed that she was saying that you lied, right?
14
A.
I did.
15
Q.
16
A.
No, ma'am.
17
Q.
18
A.
19
20
21
TH
E
IE
ND
OF
14:56:37
14:57:10
FR
23
14:56:09
FO
10
22
14:55:45
24
walk away from this career with was my integrity, and that was
25
14:57:40
930
Q.
A.
Yes, ma'am.
Q.
orders?
A.
No, ma'am.
Q.
Let's just talk specifically about the May 14, 2014, court
hearing.
correct?
A.
I did.
10
Q.
11
A.
I did.
12
Q.
13
A.
Yes.
14
Q.
When you walked away from the May 2014 status conference,
15
16
A.
17
the videos that were out there the most efficient way possible,
18
19
20
21
TH
E
FO
14:58:15
14:58:26
ND
OF
Q.
14:59:10
What did you believe the monitor's role would be when you
FR
23
14:57:55
IE
22
Okay?
GB
OW
.C
OM
24
A.
25
14:59:37
MS. IAFRATE:
Thank you.
GB
OW
.C
OM
931
BY MS. IAFRATE:
Q.
status conference.
A.
Yes.
Q.
37.
10
THE CLERK:
11
MS. IAFRATE:
12
BY MS. IAFRATE:
13
Q.
14
morning, correct?
15
A.
Correct.
16
Q.
TH
E
OF
15:00:26
19
A.
Correct.
20
Q.
21
ND
18
"And
15:00:43
IE
FR
23
15:00:09
17
22
14:59:54
FO
24
25
came from, where they are storing that data, and if they claim
15:01:09
932
to have deleted any such data, when they claim to have deleted
it."
GB
OW
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OM
A.
Yes, ma'am.
Q.
Then as you go down on page 60, you see where you are
A.
Yes, ma'am.
Q.
"Yes, sir.
more productive.
11
12
13
would -- I'm guessing that not all those videos have been
14
TH
E
15
Yes.
17
Q.
18
19
A.
20
Q.
21
15:02:06
OF
16
ND
Yes, ma'am.
IE
Then one more section I want to address with you, and it's
It says:
would share.
FR
23
15:01:45
FO
10
22
15:01:22
15:02:12
24
25
assistance."
15:02:31
933
Yes, ma'am.
Q.
Did you believe that it was mandatory that you get the
A.
I did not.
Q.
When you left the status hearing on May 14, did you believe
that you were following the orders, the verbal orders of the
judge?
GB
OW
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OM
A.
11
12
13
14
know this might sound silly, but I felt that we had kind of
15
16
17
We had a great
20
21
IE
ND
19
15:04:20
FR
23
15:03:53
OF
TH
E
18
22
15:03:07
FO
10
15:02:46
24
2014, correct?
25
A.
Correct.
15:04:38
934
Q.
When you left the courtroom on May 2014, you didn't have a
A.
I did not.
Q.
A.
No, ma'am.
Q.
A.
Q.
GB
OW
.C
OM
e-mail, correct?
11
A.
Correct.
12
Q.
13
TH
E
15
16
A.
17
18
19
20
21
He had a
ND
OF
15:06:25
FR
23
15:05:44
IE
22
15:05:30
FO
10
14
15:04:49
24
this morning.
25
15:06:42
935
A.
Q.
How?
A.
work.
Q.
A.
And talk to them and get the videos from them at the time
Q.
GB
OW
.C
OM
And we haven't --
11
12
gather videos?
13
14
A.
No, ma'am.
15
Q.
Okay.
16
of the districts?
17
A.
18
19
videos.
20
Q.
21
A.
TH
E
15:07:27
OF
ND
15:07:48
Approximately 8,900.
IE
Q.
Sheriff's Office?
FR
23
15:07:13
FO
10
22
15:07:00
24
A.
Seven.
25
Q.
15:08:04
936
encompasses?
A.
Q.
A.
Q.
A.
10
Q.
Why not?
11
A.
12
13
14
Q.
15
A.
16
who they're normally used to seeing and working with every day,
17
18
Q.
19
A.
Absolutely not.
20
Q.
21
15:09:08
OF
TH
E
FO
15:08:50
ND
FR
23
15:08:27
That would be --
IE
22
GB
OW
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OM
MS. IAFRATE:
15:09:32
Thank you.
24
BY MS. IAFRATE:
25
Q.
15:10:18
937
A.
I'm sorry.
Q.
You had a day full of meetings on May 14, 2014, didn't you?
A.
Yes, ma'am.
Q.
A.
Correct.
Q.
A.
Yes.
Q.
A.
Yes.
10
Q.
11
Christine Stutz?
12
A.
Yes.
13
Q.
Then you called the monitor, and he came back and you had
14
15
A.
That's correct.
16
Q.
17
18
A.
I do.
19
Q.
20
A.
21
Q.
15:10:39
TH
E
FO
15:10:48
OF
15:11:02
ND
A.
15:11:16
I thought
FR
23
With
No.
IE
22
GB
OW
.C
OM
24
25
15:11:49
938
Q.
judge's transcript and also his ultimate order, would you have
A.
Oh, no.
Q.
GB
OW
.C
OM
Yes, ma'am.
11
Q.
12
TH
E
13
A.
Yes, ma'am.
15
Q.
As you sit here now, you know that Chief Trombi was ordered
16
17
A.
Correct.
18
Q.
What were you referring to when you were saying that it was
19
20
A.
21
Q.
ND
15:13:02
IE
You thought maybe you could get to Chief Trombi and say,
Hold on, I'd forgotten, and I just agreed with the monitors to
handle it a different way"?
FR
23
15:12:46
OF
14
22
15:12:38
FO
10
15:12:16
24
A.
25
15:13:22
939
Q.
Why?
A.
usually.
Q.
A.
I did.
Q.
A.
No, ma'am.
10
Q.
11
A.
I tried to.
12
Q.
13
A.
14
15
Q.
16
17
A.
18
19
20
21
Q.
15:14:19
TH
E
15:14:40
OF
ND
15:15:16
A.
Yes, ma'am.
Q.
24
A.
Yes, ma'am.
25
Q.
FR
23
15:13:45
FO
IE
22
GB
OW
.C
OM
15:15:27
THE COURT:
940
MS. IAFRATE:
THE COURT:
GB
OW
.C
OM
Sure.
BY MS. IAFRATE:
Q.
of the parties.
11
I'm sorry.
Which paragraph?
13
Q.
14
TH
E
12
15
Yes.
17
Q.
That's okay.
18
I'm sorry.
A.
21
Q.
Yes, ma'am.
15:16:22
IE
20
ND
19
A.
Yes, ma'am.
Q.
FR
23
15:16:11
OF
16
22
15:16:00
FO
10
15:15:43
24
25
A.
It was.
15:16:32
941
Q.
right?
A.
Q.
A.
Yes.
MS. IAFRATE:
THE COURT:
please.
GB
OW
.C
OM
All right.
Thank you.
(Recess taken.)
THE CLERK:
All rise.
11
THE COURT:
Everybody ready?
12
MR. STEIN:
Your Honor.
13
THE COURT:
Yes.
14
MR. STEIN:
17
18
THE COURT:
22
Yes.
ND
MR. STEIN:
No.
THE COURT:
Okay.
MR. STEIN:
Deputy Sheridan.
FR
23
before?
IE
21
15:37:40
OF
THE COURT:
20
I wonder if,
16
19
15:37:23
Please be seated.
TH
E
FO
10
15
15:16:52
15:38:00
24
25
15:38:22
942
THE COURT:
Right.
MR. STEIN:
GB
OW
.C
OM
THE COURT:
11
MR. STEIN:
MR. STEIN:
To Your Honor.
TH
E
13
what?
15
17
lot of attention.
THE COURT:
18
examination.
THE COURT:
15:39:18
I appreciate it.
It seems to me that I
don't have -- I mean, you know, you never know what somebody
might find out about you and --
FR
23
I appreciate --
IE
22
MR. STEIN:
ND
19
21
15:39:03
OF
16
20
15:38:46
FO
14
15:38:32
10
12
And
24
MR. STEIN:
Right.
25
THE COURT:
15:39:27
Mr. Stein.
GB
OW
.C
OM
MR. STEIN:
Okay.
THE COURT:
Thank you.
THE COURT:
943
Court.
11
Court.
may not be or the allegations may or may not be, but I believe
14
that I don't have a basis to put the hearing under seal, and if
15
16
OF
TH
E
13
17
18
MS. IAFRATE:
21
22
15:40:25
S
THE COURT:
Yes.
MS. IAFRATE:
plaintiffs' counsel.
15:40:36
FR
23
ND
20
matter?
IE
19
15:40:10
FO
10
12
15:39:50
24
They
25
have not read it, but we were wondering how best to protect
15:40:54
944
THE COURT:
MS. IAFRATE:
GB
OW
.C
OM
perceived a conflict.
THE COURT:
Yes.
MS. IAFRATE:
At the
11
12
transcript.
THE COURT:
All right.
14
MS. IAFRATE:
TH
E
13
16
OF
15
THE COURT:
18
Without objection?
22
ND
MR. COMO:
It can be sealed.
We've received
15:41:57
FR
23
MR. WALKER:
15:41:44
IE
21
All right.
17
20
15:41:29
FO
10
19
15:41:14
24
THE COURT:
All right.
25
MS. IAFRATE:
Thank you.
15:42:07
THE COURT:
MS. IAFRATE:
THE COURT:
Yes, please.
Okay.
GB
OW
.C
OM
MS. IAFRATE:
BY MS. IAFRATE:
Q.
Yes, ma'am.
13
Q.
14
15
TH
E
12
15:43:01
OF
16
17
A.
18
Q.
Okay.
19
indication that Chief Warshaw said that he did not believe your
20
chronology of events.
ND
15:43:25
IE
21
A.
Oh, yes.
Q.
24
A.
Correct.
25
Q.
FR
23
15:42:43
FO
11
22
15:42:22
10
945
15:43:36
know Sheridan.
GB
OW
.C
OM
946
A.
of knowledge with him, and he's been the monitor for some law
11
12
13
14
15
16
17
18
Q.
19
A.
Absolutely not.
20
Q.
21
15:44:50
ND
OF
TH
E
15:45:18
FR
23
15:44:25
IE
22
15:43:55
FO
10
24
A.
Yes, ma'am.
25
Q.
15:45:36
947
people?
A.
Yes.
Q.
A.
chief, concerning some grants, some -- you know, that may have
GB
OW
.C
OM
We
11
12
13
recall the answer that there was no policy in place for their
14
usage.
Is
17
18
19
policy in place.
20
Q.
21
24
25
ND
15:47:20
IE
policy?
A.
Correct.
Q.
FR
23
15:46:55
OF
16
22
15:46:27
TH
E
FO
10
15
15:45:51
15:47:58
948
Sheriff's Office?
A.
Q.
A.
Correct.
Q.
Were your job descriptions the same where you were interim
A.
Yes, ma'am.
Q.
GB
OW
.C
OM
duty that you have, but just generally what is your job
11
description.
12
A.
13
14
15
16
Q.
17
18
A.
Not lately.
19
Q.
20
2010, correct?
21
A.
TH
E
ND
OF
15:49:21
That's correct.
Q.
A.
Yes, ma'am.
24
Q.
Describe for me what you spent your time on, the majority
25
FR
23
15:48:57
IE
22
15:48:29
FO
10
15:48:14
15:49:33
949
Yes.
GB
OW
.C
OM
11
of the public.
12
FO
10
14
15
16
17
OF
TH
E
15:50:53
18
first things that I did after I became the interim chief deputy
20
21
IE
ND
19
24
25
15:51:25
So I became
FR
23
15:50:27
I thought
13
22
15:50:01
There were
15:51:58
950
hope that gives you an idea of the magnitude of the things that
Q.
basis?
GB
OW
.C
OM
But I
A.
11
Q.
12
13
A.
14
15
16
Q.
TH
E
No.
OF
18
17
20
21
A.
ND
19
15:54:00
Correct.
IE
Q.
Can you explain why it is that you testified that you did
FR
23
15:52:41
FO
10
22
15:52:23
24
25
A.
15:54:19
951
Q.
Okay.
A.
had this case, as far as I knew, from the very beginning, when
Chief Sands
He was, as far as I
12
13
again, Chief Sands and Mr. Casey were dealing with this, so...
It also came out on December 23rd after 5 o'clock.
16
this e-mail came out there was an inmate death, a high profile
17
18
20
battle.
21
ND
19
And so I am
15:56:29
IE
reasons.
Q.
FR
23
15:55:56
OF
15
22
15:55:20
TH
E
11
14
15:54:45
FO
10
GB
OW
.C
OM
24
25
A.
Yes, ma'am.
15:56:56
Q.
You're not excusing the fact that MCSO did not properly
A.
Q.
Not at all.
GB
OW
.C
OM
952
A.
Yes, ma'am.
Q.
11
A.
Yes.
12
Q.
13
A.
I believe so.
14
Q.
Were you on that telephone call between Tim Casey and Brian
15
Sands?
16
A.
No.
17
Q.
18
19
A.
20
Q.
21
TH
E
OF
15:57:56
ND
IE
A.
Yes.
Q.
24
A.
Yes, ma'am.
25
Q.
FR
23
15:57:39
FO
10
22
15:57:17
15:58:55
953
A.
Yes, ma'am.
Q.
A.
Yes.
Q.
Did you know the process that that case was going through?
A.
Yes.
Q.
A.
either Tim Casey or Tom Liddy about the Melendres case until
GB
OW
.C
OM
No, ma'am.
11
Q.
12
A.
No, ma'am.
13
Q.
14
A.
No, ma'am.
15
Q.
16
or not --
17
A.
No, ma'am.
18
Q.
19
A.
No, ma'am.
20
Q.
21
and the fact that you already stood before the Court and you
TH
E
ND
OF
15:59:47
15:59:55
IE
Yes, ma'am.
24
Q.
And in fact, you said you had few regrets in your life, not
25
just your career but your life, and that was number one regret.
FR
23
15:59:39
FO
10
22
15:59:11
16:00:20
954
Q.
GB
OW
.C
OM
A.
I would agree.
Q.
And why -- why were you briefing the troops in that way?
A.
emotional person.
11
was angry.
12
And I was trying to show them that they had the support of
13
14
15
Q.
16
A.
17
18
19
all the other issues that were necessary to comply with the
20
21
I was excited.
16:01:14
16:01:58
Captain Lopez -- if
ND
OF
TH
E
16:02:25
IE
Q.
preliminary injunction?
FR
23
FO
10
22
16:00:53
24
A.
Yes, ma'am.
25
16:02:47
on, so forth.
Q.
A.
Yes, ma'am.
Q.
A.
Correct.
Q.
A.
No, ma'am.
10
Q.
11
A.
Yes.
12
Q.
13
A.
Yes.
14
Q.
15
A.
Correct.
16
Q.
you.
22
ND
THE COURT:
24
25
16:03:38
16:03:56
Thank
16:04:33
chief at deposition?
FR
23
MS. WANG:
IE
21
16:03:18
FO
MS. IAFRATE:
19
20
TH
E
OF
17
18
GB
OW
.C
OM
955
MS. IAFRATE:
THE COURT:
Yes.
asserted?
MS. IAFRATE:
16:04:48
THE COURT:
You
GB
OW
.C
OM
956
BY MS. IAFRATE:
Q.
A.
I do.
Q.
A.
Yes.
Q.
litigation?
11
A.
None.
12
Q.
13
14
15
decision-making.
TH
E
18
A.
Yes, ma'am.
19
Q.
20
21
A.
ND
IE
Me.
Q.
A.
FR
23
17
22
16:05:49
OF
16
16:05:17
FO
10
16:05:01
24
25
16:06:32
957
and slow.
Q.
transferred from?
GB
OW
.C
OM
He is a
A.
Yes, ma'am.
11
Q.
12
A.
13
Q.
14
A.
15
time.
TH
E
OF
16
16:07:45
18
19
trafficking.
20
21
17
IE
ND
drug cartel.
FR
23
16:07:29
FO
10
22
16:07:03
24
25
16:08:38
GB
OW
.C
OM
958
members.
for truthfulness.
8
9
11
Q.
12
A.
13
Q.
Why?
14
A.
15
Q.
How about the fact that as head of PSB, and HSU was in the
16
17
18
19
A.
20
piece, too.
21
TH
E
OF
16:09:56
IE
ND
16:10:18
It must have
FR
23
16:09:37
FO
10
22
16:09:12
24
25
16:10:48
things.
activity.
GB
OW
.C
OM
959
He
Q.
Arpaio yesterday.
11
THE CLERK:
12
MS. IAFRATE:
the witness?
Thank you.
14
THE CLERK:
15
THE WITNESS:
16:12:07
BY MS. IAFRATE:
17
Q.
18
A.
Yes, ma'am.
19
Q.
Is it accurate?
20
A.
21
Q.
ND
Is what accurate?
16:12:28
IE
The article.
A.
Absolutely not.
Q.
FR
23
OF
16
22
16:11:51
Correct.
TH
E
13
16:11:17
FO
10
He took
24
25
A.
Do I have a choice?
Okay?
16:12:47
Q.
A.
Okay.
Q.
4
5
GB
OW
.C
OM
960
A.
Yes, ma'am.
Q.
What is it?
A.
11
12
13
14
15
Q.
16
A.
Sheriff and I.
17
Q.
18
19
A.
20
Q.
21
A.
16:14:01
OF
TH
E
ND
Yes, ma'am.
Who?
16:14:19
IE
information.
Q.
FR
23
16:13:20
FO
10
22
16:13:01
24
investigation?
25
A.
Yes.
16:14:33
961
Q.
A.
Eventually, nothing.
Q.
Why is that?
A.
of the informant.
Q.
A.
Yes, ma'am.
Q.
GB
OW
.C
OM
11
A.
That's correct.
12
Q.
13
confidential informants.
14
15
A.
I do.
16
Q.
Where?
17
A.
RICO funds.
18
Q.
19
A.
20
21
Q.
TH
E
16:15:30
ND
OF
16:15:44
IE
A.
Yes, ma'am.
24
Q.
25
FR
23
16:15:11
FO
10
22
16:14:53
Do you know of
16:16:04
GB
OW
.C
OM
962
A.
Yes, ma'am.
Q.
A.
question is because I've been around lawyers for the last five
We did not
Q.
11
A.
12
wife.
13
Q.
14
15
A.
16
17
Q.
18
A.
19
Q.
20
judge chooses to ask that very same question, are you going to
21
answer it?
TH
E
16:17:04
IE
ND
OF
A.
that question.
FR
23
16:16:48
FO
10
22
16:16:20
24
THE COURT:
25
THE WITNESS:
Yes, sir.
16:17:56
THE COURT:
THE WITNESS:
THE COURT:
in this litigation?
No, sir.
GB
OW
.C
OM
963
THE WITNESS:
THE COURT:
Yes, sir.
All right.
BY MS. IAFRATE:
Q.
10
A.
11
Q.
Sure.
12
went to the sheriff's office, and I asked you what was the
13
14
A.
15
16
17
Q.
18
A.
Yes.
19
Karen Grissom.
20
Q.
21
Ms. Grissom came to get this information that Judge Snow's wife
TH
E
OF
ND
16:19:11
said that Judge Snow hates the sheriff and wants to get him out
of office?
FR
23
IE
22
16:18:17
FO
Yes.
16:18:08
24
A.
Yes, ma'am.
25
Q.
16:19:30
964
A.
by Judge Snow's wife and his daughter near the counter to pay
the cashier.
actually she mistook her for her other -- for Ms. Grissom's
seen each other for years, and then this conversation occurred.
GB
OW
.C
OM
Q.
11
A.
12
Q.
TH
E
13
14
15
OF
16
17
16:20:58
THE COURT:
THE WITNESS:
ND
19
20
BY MS. IAFRATE:
21
Q.
Okay.
16:21:10
IE
A.
FR
23
18
22
16:20:38
FO
10
16:20:06
24
25
Q.
And were the husband and the son present when -- supposedly
16:21:26
965
made?
A.
Q.
A.
Yes.
whole investigation.
MS. IAFRATE:
10
11
THE COURT:
Okay.
I missed the
this once.
12
MS. IAFRATE:
13
THE COURT:
Yes.
TH
E
15
16
17
OF
S
ND
MS. IAFRATE:
24
25
I used the
16:22:39
Okay.
IE
THE COURT:
BY MS. IAFRATE:
Q.
FR
23
21
22
16:22:21
19
20
16:22:07
14
18
16:21:54
FO
THE COURT:
GB
OW
.C
OM
questions?
Can we go back?
MS. IAFRATE:
THE COURT:
THE WITNESS:
THE COURT:
question?
Sure.
All right.
MS. IAFRATE:
THE COURT:
MS. IAFRATE:
THE COURT:
GB
OW
.C
OM
966
Please do.
I will not.
11
12
EXAMINATION
BY THE COURT:
14
Q.
15
16
A.
17
Q.
All right.
18
19
20
A.
21
Q.
TH
E
13
OF
16:23:25
ND
That's correct.
And it's your understanding -- or do you know
IE
All right.
16:23:38
24
Q.
All right.
25
FR
23
16:23:13
FO
10
22
16:23:04
967
of me or a member of my family.
8
9
GB
OW
.C
OM
my understanding is wrong?
11
A.
12
13
no one, no one ever went any further than just verifying that
14
conversation --
15
Q.
All right.
16
A.
-- occurred.
17
Q.
18
A.
That's correct.
19
Q.
20
A.
TH
E
OF
16:24:49
ND
Correct.
16:24:58
THE COURT:
Okay.
CROSS-EXAMINATION CONTINUED
BY MS. IAFRATE:
FR
23
IE
21
16:24:25
FO
10
22
16:24:09
24
Q.
25
A.
Correct.
16:25:07
Q.
A.
THE COURT:
Okay.
GB
OW
.C
OM
Go ahead.
BY MS. IAFRATE:
Q.
this information?
A.
Okay.
Nothing.
11
THE COURT:
12
Thank you.
TH
E
Okay.
14
MS. IAFRATE:
15
THE COURT:
16
Mr. Walker?
17
MR. WALKER:
Yes.
19
ND
MR. COMO:
16:26:00
Your Honor.
24
25
All right.
Mr. Como.
FR
23
THE COURT:
IE
22
21
16:25:48
OF
All right.
18
20
16:25:39
FO
MS. IAFRATE:
examination?
16:25:18
10
13
968
BY THE COURT:
FURTHER EXAMINATION
16:26:31
969
Q.
You know, I've got some questions that may be helpful for
on.
A.
Yes, sir.
Q.
I think you've done some wrong things and I told you so,
did I not?
A.
Q.
GB
OW
.C
OM
11
A.
12
Q.
All right.
13
14
15
required to make.
TH
E
18
Q.
17
A.
21
Q.
16:27:20
FR
23
Yes, sir.
IE
20
ND
19
22
16:27:07
OF
16
16:26:51
FO
10
16:26:43
24
give you the impression that I want you to dump on anybody, but
25
I also don't want to give you the impression that I want you to
16:27:39
GB
OW
.C
OM
970
you had with Chief Trombi in directing him to send out e-mail?
A.
Yes, sir.
Q.
11
12
14
A.
Yes, sir.
15
Q.
All right.
16
17
start.
16:28:22
OF
18
TH
E
13
20
21
IE
ND
19
If it is true that
16:28:41
But if it is
FR
23
16:28:14
FO
10
22
16:28:00
In other words, I
24
25
A.
Yes, sir.
Okay?
16:29:01
Q.
And the whole truth sometimes means that if you did it,
and -- or if you did something and you did it alone, you say
so.
GB
OW
.C
OM
971
A.
Yes, sir.
Q.
11
order.
12
13
A.
14
Q.
15
16
17
18
19
A.
20
Q.
21
to spend a lot of time talking about, the fact that SID was
16:29:52
OF
TH
E
ND
IE
16:30:11
where -- well, I'm now on the May 14th time frame, right?
FR
23
16:29:37
FO
10
22
16:29:19
24
wasn't the bad discussion where I held your feet to the fire,
25
but this is where you came forward, you showed me all the stuff
16:30:38
972
that was in the Armendariz house, I told you -- and we had the
GB
OW
.C
OM
A.
Yes.
Q.
All right.
interest.
A.
Correct.
10
Q.
11
A.
Yes, sir.
12
Q.
13
14
15
A.
We do now, yes.
16
Q.
17
A.
Yes, sir.
18
Q.
All right.
19
Investigations.
20
A.
21
Q.
16:31:18
OF
TH
E
FO
16:31:01
ND
Yes.
16:31:30
FR
23
16:30:50
IE
22
24
A.
That's correct.
25
Q.
All right.
16:31:44
A.
Yes.
Q.
right?
A.
Q.
GB
OW
.C
OM
973
It may not have even been that long, Your Honor, because
11
12
13
investigated, correct?
14
A.
Correct.
15
Q.
16
17
18
A.
Correct.
19
Q.
20
identifications.
21
IE
TH
E
ND
OF
16:32:33
16:32:50
FR
23
16:32:22
FO
10
22
16:32:03
24
A.
Yes, sir.
25
Q.
16:33:05
974
there not?
A.
Q.
A.
Yes.
Q.
A.
Yes.
Q.
And there were bank cards and debit cards and gift cards?
A.
Yes, sir.
10
Q.
11
things.
12
A.
Yes, sir.
13
Q.
All right.
14
15
A.
I don't know.
16
Q.
17
18
19
department.
20
A.
21
Q.
FO
16:33:31
TH
E
Or do you know?
16:33:46
I will tell
ND
OF
16:34:04
There are divisions within the PSB as you've now set it up,
right?
A.
FR
23
16:33:25
IE
22
GB
OW
.C
OM
Yes.
24
25
long time.
16:34:17
Q.
the PSB.
A.
Q.
GB
OW
.C
OM
All right.
975
All right.
It would be investigated by
11
A.
Yes, sir.
12
Q.
13
14
15
unit.
16
A.
Yes, sir.
17
Q.
18
19
A.
20
21
Q.
TH
E
16:35:09
OF
I know that's not a unit, but you know what I'm saying?
ND
IE
MCSO policy?
A.
Yes, sir.
24
Q.
25
FR
23
16:34:55
FO
10
22
16:34:39
16:35:37
976
A.
Correct.
Q.
assigned to what?
A.
Q.
All right.
PSB?
A.
Yes.
Q.
GB
OW
.C
OM
you.
11
12
A.
Yes, sir.
13
Q.
14
A.
15
Q.
16
17
A.
TH
E
OF
16:36:32
18
20
Q.
21
ND
19
16:36:57
IE
FR
23
16:36:14
FO
10
22
16:35:57
24
A.
Yes, sir.
25
Q.
16:37:15
A.
myself, usually.
Q.
A.
Yes, sir.
Q.
A.
Yes.
Q.
GB
OW
.C
OM
977
discipline as well?
11
A.
No, sir.
12
Q.
Who does?
13
A.
14
15
Marshon.
16
Q.
17
18
19
20
21
TH
E
16:38:02
ND
OF
IE
A.
16:38:26
FR
23
Okay.
16:37:44
FO
10
22
16:37:30
24
discipline someone.
25
16:38:59
discipline.
Q.
serious discipline.
A.
Q.
A.
978
GB
OW
.C
OM
That's correct.
Mr. Vogel because the investigation was going beyond the time
11
period.
12
13
14
15
16
discipline or not.
FO
10
TH
E
16:40:04
19
20
21
A.
ND
18
16:40:21
That's correct.
IE
Q.
correct?
FR
23
16:39:37
OF
17
22
16:39:14
24
A.
Correct.
25
Q.
16:40:30
979
did they?
A.
No, sir.
Q.
A.
Q.
That was part of the one -- that was part of the same
A.
GB
OW
.C
OM
remember.
11
Q.
12
that hearing I had my monitor, and I'm not going to read it all
13
to you, but I had him outline some of the concerns he had with
14
15
16
A.
Yes, sir.
17
Q.
18
19
20
21
16:41:14
16:41:28
IE
ND
OF
TH
E
FR
23
All right.
16:40:58
FO
10
22
16:40:47
24
25
This, in
16:41:45
980
GB
OW
.C
OM
A.
Q.
A.
10
Q.
11
12
13
hearing then.
TH
E
14
16
A.
Yes, sir.
17
Q.
18
19
ND
20
16:42:58
Yes, sir.
IE
A.
Q.
A.
Yes, sir.
24
Q.
And then do you remember that Chief Warshaw called you the
25
FR
23
16:42:30
OF
my notes.
22
16:42:13
Or we -- we had a long
15
21
16:41:58
FO
16:43:07
981
for his supervision of Armendariz and for all that may have
GB
OW
.C
OM
A.
Yes, sir.
Q.
And within a day or two you wrote him back and said that
11
investigator.
12
A.
Yes, sir.
13
Q.
14
15
17
TH
E
THE COURT:
ND
21
report.
22
IE
20
24
25
16:44:24
It's MELC028130 --
FR
23
18
19
16:44:04
OF
16
16:43:38
FO
10
16:43:25
If
16:44:45
982
BY THE COURT:
Q.
A.
Q.
A.
Q.
GB
OW
.C
OM
11
13
MS. IAFRATE:
This
Oh, okay.
Okay.
15
BY THE COURT:
16
Q.
17
A.
18
Q.
19
20
A.
21
Q.
25
ND
That's correct.
16:45:49
IE
A.
Q.
Is it "Fray" or "Fry"?
A.
FR
24
16:45:34
OF
14
23
16:45:18
TH
E
12
FO
10
22
16:45:03
MS. IAFRATE:
Am I mispronouncing it?
Your Honor --
16:46:04
THE COURT:
MS. IAFRATE:
-- Sergeant "Fry."
GB
OW
.C
OM
983
BY THE COURT:
Q.
questioned documents.
11
Yes, sir.
13
Q.
14
15
TH
E
A.
16:46:40
A.
I do.
17
Q.
18
A.
No, sir.
19
Q.
20
21
division, right?
A.
Q.
FR
16:47:01
IE
ND
OF
16
23
16:46:30
12
22
16:46:13
FO
10
24
25
And
A.
Yes, sir.
Q.
attached.
GB
OW
.C
OM
984
I do.
Q.
10
forged/fraudulent/questioned documents.
11
I do.
13
Q.
Did you know that my monitor asked for any training that
14
15
16
17
16:48:05
19
Q.
All right.
20
21
IE
ND
18
FR
23
16:47:46
OF
TH
E
12
22
16:47:35
FO
24
25
16:48:39
985
A.
I do.
Q.
people they'd arrested as illegal aliens and all they did was
A.
Q.
they?
GB
OW
.C
OM
11
12
A.
13
Q.
14
15
A.
Yes, sir.
16
Q.
17
18
19
other reason.
20
21
TH
E
OF
16:49:37
IE
ND
FR
23
16:49:11
FO
10
22
16:48:52
24
A.
I would agree.
25
Q.
All right.
16:50:23
986
determinations?
A.
Yes, sir.
Q.
GB
OW
.C
OM
A.
Q.
Yes.
10
Q.
11
A.
I remember that.
12
Q.
All right.
13
TH
E
15
THE CLERK:
16
THE COURT:
17
MS. IAFRATE:
18
THE COURT:
OF
14
22
THE COURT:
24
25
Yes, surely.
MS. IAFRATE:
FR
23
Your Honor?
IE
21
16:51:09
Yes.
MS. IAFRATE:
ND
19
16:50:48
FO
20
16:50:37
attachments.
THE COURT:
16:51:32
GB
OW
.C
OM
987
operations of MCSO.
into matters that are under seal, but I'm going to start with
MS. IAFRATE:
THE COURT:
My --
Then
11
I'll have a few final questions on some other matters, and then
12
TH
E
13
14
15
16
17
before.
16:52:22
OF
The
THE COURT:
18
objections.
20
BY THE COURT:
21
Q.
ND
19
IE
16:52:33
24
Q.
25
A.
Number 1001.
FR
23
16:52:07
FO
10
22
16:51:53
16:52:41
Q.
signature.
A.
That's correct.
Q.
A.
Yes, sir.
Q.
A.
It is, sir.
Q.
Sergeant Tennyson?
11
A.
I do.
12
Q.
13
14
15
A.
That's correct.
16
Q.
17
18
19
A.
Yes, sir.
20
Q.
21
A.
16:53:06
TH
E
OF
16:53:20
Q.
16:53:29
Yes, I did.
All right.
second page and -- skip the first paragraph, but do you see
FR
23
IE
22
16:52:53
FO
10
ND
All right.
GB
OW
.C
OM
988
24
25
16:53:48
GB
OW
.C
OM
989
A.
Yes, sir.
Q.
A.
10
Q.
11
A.
Yes, sir.
12
Q.
13
what Mr. Manning, who's the law enforcement liaison, told him.
14
15
16
A.
Okay.
17
Q.
18
this stuff, that the deputies have this stuff, but we can't
19
20
21
is that correct?
TH
E
16:54:31
ND
OF
A.
It's correct.
Q.
FR
23
16:54:15
16:54:45
IE
22
16:54:00
FO
24
25
16:55:00
990
have had all this stuff in his home is because he's a packrat,
right?
A.
Yes, sir.
Q.
A.
Correct.
Q.
GB
OW
.C
OM
11
12
13
A.
14
Q.
Yeah.
15
A.
Yes, sir.
16
Q.
17
18
19
20
21
24
25
TH
E
ND
OF
16:55:59
FR
23
16:55:46
IE
22
16:55:25
FO
10
16:55:10
things, right.
16:56:12
991
A.
Yes, sir.
Q.
in criminal conduct?
A.
a criminal report.
GB
OW
.C
OM
11
Q.
12
A.
Yes, sir.
13
Q.
14
so you'll know.
15
16
17
TH
E
OF
You see the next paragraph when it says we've made all
investigative efforts to determine why some of the
20
21
why the items did not remain with the arrestee or why the items
FR
24
25
16:57:29
IE
ND
19
23
16:57:16
18
16:57:02
FO
10
22
16:56:22
A.
16:57:47
992
Q.
A.
Well, from a --
Q.
Let me ask it this way, Chief, and I'm sorry, I know I'm
interrupting you.
GB
OW
.C
OM
A.
Yes, sir.
Q.
11
12
13
14
identification.
15
16
17
18
19
20
A.
21
Q.
TH
E
ND
OF
16:58:36
16:58:51
It wasn't just
FR
23
Um-hum.
IE
22
16:58:16
FO
10
16:58:02
24
A.
Yes, sir.
25
Q.
16:59:02
993
Armendariz would have a bunch, and we found Powe and Gandar and
Frei had a bunch, that's just not that uncommon at the time in
A.
That's correct.
Q.
GB
OW
.C
OM
11
12
13
A.
Correct.
14
Q.
15
16
A.
17
Q.
18
A.
Yes.
19
Q.
20
21
A.
24
25
TH
E
ND
OF
16:59:49
16:59:57
Yes, it was.
IE
Q.
with.
FR
23
16:59:36
FO
10
22
16:59:20
There was money, and there were credit cards, and there
17:00:11
994
A.
Yes, sir.
Q.
A.
Correct.
Q.
does it?
GB
OW
.C
OM
A.
No, sir.
11
Q.
12
A.
Okay.
13
Q.
14
did you just assume that the investigation was the same?
15
A.
16
Q.
All right.
17
A.
Okay.
18
19
20
21
17:00:38
TH
E
17:00:51
OF
ND
17:01:14
FR
23
IE
22
FO
10
17:00:21
24
25
17:01:44
GB
OW
.C
OM
995
11
doing that?
12
13
that it was, Why are you wasting your time with that when we
14
15
16
17
18
19
20
Q.
21
17:02:33
17:03:05
ND
OF
TH
E
17:03:28
IE
I get that.
administrative investigation?
A.
24
Q.
25
A.
FR
23
FO
10
22
17:02:03
17:03:42
996
Q.
Yeah.
A.
Can I finish?
Q.
Sure.
A.
Okay.
Q.
to.
A.
Okay.
10
Q.
Okay?
11
A.
12
stay late.
13
Q.
Hope so.
14
A.
Okay.
15
16
17
18
19
this by the County Attorney's Office, who felt that there was
20
21
17:03:46
TH
E
FO
17:03:58
ND
OF
17:04:12
17:04:43
FR
23
IE
22
GB
OW
.C
OM
24
25
17:05:16
Q.
But the truth was that the property found at Armendariz's house
other deputies.
GB
OW
.C
OM
Can I interrupt?
997
It was seized by
A.
effect.
Q.
I'll tell you that it's since been confirmed by your own --
A.
Okay.
10
Q.
-- investigation.
13
other deputies who did the seizure of the property that was in
14
Armendariz's house.
15
you know, I don't -- you can object if you want, Ms. Iafrate --
16
your memo doesn't say -- doesn't take into account that the
17
18
19
20
21
TH
E
12
ND
OF
17:06:13
17:06:35
IE
A.
Q.
24
A.
Okay.
25
Q.
FR
23
17:05:56
FO
11
22
17:05:41
17:06:48
A.
Okay.
Q.
GB
OW
.C
OM
998
A.
Yes, sir.
Q.
MR. WALKER:
THE COURT:
MR. WALKER:
Is that true?
11
Dennis Montgomery?
Yes.
14
It's
THE WITNESS:
Yes, sir.
15
BY THE COURT:
16
Q.
17
18
A.
Yes, sir.
19
Q.
20
A.
21
ND
OF
17:07:29
Well, I'm only hesitant because when you said that I'm in
17:07:41
All right.
24
A.
Correct.
25
Q.
He's a sergeant?
FR
23
IE
22
17:07:18
TH
E
13
THE COURT:
FO
10
12
17:06:55
17:08:05
A.
Yes, sir.
Q.
A.
Yes, sir.
Q.
A.
Yes, sir.
Q.
A.
Yes, sir.
Q.
doing?
GB
OW
.C
OM
999
A.
Yes, sir.
11
Q.
How often did you report to Sheriff Arpaio about what they
12
were doing?
13
A.
14
Q.
15
A.
16
Q.
You heard him yesterday say that the DOJ was wiretapping me
17
and other judges, and that that was part of that investigation.
TH
E
OF
19
A.
Yes, sir.
20
Q.
21
of the investigation?
ND
IE
A.
17:08:58
FR
23
17:08:41
18
22
17:08:26
FO
10
17:08:18
24
that were from my phone and the sheriff's phone in about 2008.
25
17:09:30
were breached.
representing us.
Q.
A.
Q.
Okay.
10
A.
11
Q.
Okay.
12
A.
And also there was some information that your e-mail from
13
the court was possibly there -- there might have been an e-mail
14
GB
OW
.C
OM
TH
E
15
17
18
17:10:45
ND
19
20
21
Q.
17:11:14
IE
I don't want to hear it, but I will let you tell it later
FR
23
17:10:19
OF
16
22
17:10:06
FO
24
So why would
25
17:11:28
A.
Mr. Montgomery.
don't remember the years, but it was '07 to '10 for a few
Q.
understand that.
A.
because this has been a few years, and I've had other things on
GB
OW
.C
OM
And I
When you say '7 to '10 for a few years, I don't -- I didn't
11
13
about this a few years ago; it was very much in the media.
14
15
doing that, and he knew that was incorrect, it was wrong, and
16
17
18
19
Q.
20
communication to my computer?
21
A.
17:12:38
And he was
OF
TH
E
ND
IE
Q.
FR
23
17:12:15
12
22
17:11:58
FO
10
Okay.
24
A.
No, sir.
25
Q.
17:13:17
A.
us.
credible.
GB
OW
.C
OM
11
12
14
producing information.
15
16
Q.
17
18
Department of Justice.
TH
E
13
17:14:49
OF
ND
Maybe I misremember.
20
17:15:19
IE
FR
23
You know, with all due respect, we did hear the sheriff say
19
22
17:14:16
FO
10
21
17:13:42
24
A.
25
Q.
Yeah.
17:15:33
A.
Q.
A.
He was.
Q.
A.
No, sir.
10
Q.
11
12
A.
13
14
15
came forward that they were not, it was -- and I don't normally
16
17
18
19
20
materialize.
21
Q.
FO
17:16:04
OF
17:16:29
This is a
ND
A.
17:15:48
TH
E
No, sir.
17:16:52
would do, because -- I'll try and give you the two-second
FR
23
IE
22
GB
OW
.C
OM
24
version.
25
It could go to
17:17:13
GB
OW
.C
OM
have one.
information.
He doesn't
Our primary focus, Your Honor, was the fraud, the bank
10
fraud, the -- excuse me, the computer fraud of him hacking into
11
12
Q.
13
investigation was?
14
A.
15
16
Q.
17
Department of Justice.
18
A.
19
Q.
Oh.
20
investigations?
21
A.
TH
E
Some of them
17:18:14
OF
ND
I don't --
IE
Q.
FR
23
17:17:57
FO
22
17:17:36
24
25
Do
GB
OW
.C
OM
A.
I -- I don't remember.
Q.
A.
doing with him, it was really the bank fraud, it was the DOJ
also.
So, you know, the DOJ was on our radar screen because,
11
12
13
Q.
I would, too.
14
A.
TH
E
15
So
when you say sign off on it, now, we were working with the
17
18
19
conclusion.
22
ND
17:20:16
FR
23
IE
21
17:19:52
OF
16
20
17:19:26
FO
10
17:19:01
24
25
17:20:41
Q.
isn't he?
A.
been verified, and you can google his name and find all kinds
GB
OW
.C
OM
So like many
Q.
11
12
13
A.
14
Q.
15
A.
16
handled him.
17
Q.
18
19
20
A.
21
Q.
17:21:24
TH
E
17:21:41
OF
ND
Yes, sir.
17:21:54
IE
A.
That's correct.
Q.
FR
23
FO
10
22
17:21:01
24
25
17:22:06
A.
Q.
confidential for?
A.
Q.
A.
GB
OW
.C
OM
11
Q.
12
13
manual?
14
A.
15
Q.
16
qualifies?
17
A.
I believe so.
18
Q.
19
20
A.
21
Q.
17:23:02
ND
OF
TH
E
17:23:17
detectives to go to Seattle?
A.
Yes, sir.
24
Q.
25
A.
FR
23
IE
22
17:22:52
FO
10
17:22:26
17:23:35
Q.
A.
Q.
A.
harder when our detectives were there than when they weren't.
Q.
expenses?
A.
GB
OW
.C
OM
Was it worth paying their overtime and travel and all those
probably not.
11
Q.
12
13
A.
TH
E
14
THE COURT:
We
15
16
OF
THE WITNESS:
18
MS. WANG:
22
24
25
Do you
ND
THE COURT:
MS. WANG:
17:24:40
I'm sorry.
Honor.
FR
23
IE
21
17:24:27
Thank you.
17
20
17:24:07
FO
10
19
17:23:48
THE COURT:
MS. WANG:
Happy to do that.
THE COURT:
MS. WANG:
THE COURT:
Thank you.
Thank you.
GB
OW
.C
OM
MS. WANG:
THE COURT:
11
I'll --
Your Honor --
MS. WANG:
Go ahead.
May we do that
12
THE COURT:
13
MS. WANG:
14
THE COURT:
15
MS. CLARK:
Thank you.
TH
E
Court.
Yes.
THE COURT:
18
(Pause in proceedings.)
17
THE COURT:
Come forward.
ND
19
21
FR
23
IE
20
22
17:25:18
OF
16
17:25:11
FO
10
17:24:53
24
THE COURT:
25
MR. McDONALD:
17:25:48
17:26:06
3
4
THE COURT:
afternoon?
MR. McDONALD:
THE COURT:
MR. McDONALD:
THE COURT:
MR. EISENBERG:
11
MR. EISENBERG:
MR. EISENBERG:
15
THE COURT:
18
THE COURT:
25
S
ND
No, but I --
MR. EISENBERG:
MS. WANG:
17:26:42
IE
MR. COMO:
FR
24
17:26:40
19
OF
you may.
17
23
17:26:31
TH
E
14
22
21
Yes.
13
20
17:26:21
THE COURT:
16
10
12
Perhaps if we --
GB
OW
.C
OM
FO
THE COURT:
MS. WANG:
THE COURT:
May 1st, I
GB
OW
.C
OM
think?
to need?
MS. IAFRATE:
Friday.
THE COURT:
MS. WANG:
Okay.
So the 8th.
FO
10
11
12
The 8th.
14
THE COURT:
15
MS. WANG:
17
18
Acceptable to you?
MS. IAFRATE:
ND
19
21
don't know -- I don't know why those two interact that way.
17:27:45
would just like to stick with the schedule that Ms. Wang and I
discussed.
FR
25
I mean, I
IE
20
24
17:27:36
OF
16
23
17:27:25
How
TH
E
13
22
17:27:16
THE COURT:
17:28:02
GB
OW
.C
OM
Or is it the 7th?
MS. IAFRATE:
THE COURT:
7th.
7th.
MS. IAFRATE:
Okay.
THE COURT:
11
MS. IAFRATE:
12
THE COURT:
13
TH
E
All right.
14
15
OF
16
get a date certain, and I have not heard back with a date
18
certain.
19
20
24
25
ND
17:29:08
IE
Originally, the
FR
23
17:28:48
17
22
17:28:35
FO
10
21
17:28:23
THE COURT:
If you can
get an idea and let us know, there may be some that are minor
17:29:25
MS. IAFRATE:
THE COURT:
Yes.
Yes.
I don't
GB
OW
.C
OM
MS. IAFRATE:
THE COURT:
Okay, I will.
11
going forward.
12
13
14
TH
E
15
MS. IAFRATE:
16
THE COURT:
17
I have.
17:30:08
OF
19
to do that, we're going to need to give him some time and give
20
21
25
ND
IE
17:30:22
FR
24
And
18
23
17:29:49
FO
10
22
17:29:39
MS. IAFRATE:
THE COURT:
Um-hum.
17:30:37
MS. IAFRATE:
MS. WANG:
GB
OW
.C
OM
Understood.
THE COURT:
MS. WANG:
Thank you.
THE COURT:
Absolutely.
All right.
raising the issue that I did speak to her and Mr. Liddy at
11
12
TH
E
14
15
17
ND
19
21
FR
23
IE
20
22
17:31:31
OF
16
18
17:31:13
FO
10
13
17:30:47
MR. COMO:
17:31:50
Anything else?
MR. WALKER:
24
MS. IAFRATE:
25
MR. LIDDY:
17:32:04
THE COURT:
come to a microphone.
MR. LIDDY:
GB
OW
.C
OM
Court today.
10
All right.
12
THE COURT:
13
MR. WALKER:
14
THE COURT:
TH
E
11
16
deleted, or be redacted.
17
MR. WALKER:
22
24
25
S
ND
Good luck.
MR. WALKER:
17:33:16
FR
23
THE COURT:
IE
21
19
20
17:33:01
OF
15
18
17:32:37
FO
THE COURT:
17:32:22
THE COURT:
17:33:31
MS. IAFRATE:
THE COURT:
MR. SEGURA:
MS. IAFRATE:
THE COURT:
Thank you.
First day.
Second day.
Second day?
day.
8
9
GB
OW
.C
OM
MS. IAFRATE:
They are
first day, and then that night something was filed, and then
11
Mr. Liddy came in and we had that sidebar the second day, so I
12
stand corrected.
THE COURT:
14
15
MS. CLARK:
Your Honor?
16
THE COURT:
OF
MS. CLARK:
THE COURT:
We'll clear
17:34:12
IE
(Courtroom cleared.)
THE COURT:
24
25
Correct.
FR
23
ND
19
22
17:34:04
18
21
All right.
TH
E
13
20
17:33:53
FO
10
17
17:33:45
Honor.
MS. WANG:
17:36:19
team.
and Amanda Bradley are legal interns with the ACLU of Arizona
MR. ADAMS:
announced.
Clark.
11
THE COURT:
12
Ms. Clark.
13
MS. CLARK:
14
15
THE COURT:
I'm sorry?
16
MS. CLARK:
17
THE COURT:
18
22
17:36:53
TH
E
Thank you.
OF
17:37:01
All right.
17:37:08
party?
FR
23
THE COURT:
IE
21
All right.
UNIDENTIFIED SPEAKER:
ND
19
20
17:36:37
FO
10
All right.
8
9
GB
OW
.C
OM
6
7
24
25
Thanks.
C E R T I F I C A T E
GB
OW
.C
OM
2
3
4
5
6
11
12
13
TH
E
FO
10
14
15
17
18
22
FR
23
IE
21
ND
19
20
24
25
OF
16
s/Gary Moll