Free Motion in Limine - District Court of Delaware - Delaware

Case 1:04-cv-01394—G|\/IS Document 176-3 Filed 03/28/2006 Page 1 of 3

Case 1 :04-cv-01394-GIVIS Document 176-3 Filed O3/23/2006 Page 2 of 3
Conley v. Chafhnch, et al.
Captain Glenn Donald Dixon C.A. # 04-1394-GMS .. July 13, 2005
Page 34 r Page 36 `
1 from recounting these three Ilmericks and referring to 1 A. Iwould glve a 70 to 30, 70 belrlg offensive. ·
2 two others and saylng that there were sexually—charged 2 Q. so 70 percent of hb jokes and poems and _‘
3 llmerlcks, she also uses at the top of the page the word 3 everything would be offensive? _.
4 "joke.s,” "sexually-charged jokes" which could be 4 A. YES.
5 offensive to women. Do you remember Colonel Chaffinch 5 Q. And the other 30 wouIdn't be? 5
6 telllng jokes, not reciting poems or whatever- but telling 6 A. Yes. I
7 joka that could be offensive to women? 7 Q. Now, lf we go back to page 8 again, ln paragraph -
8 A. Yes, he would have a joke about every day you B 37 Captain Conley has indicated lhat there was an
9 would come in contact with him, and along those lines, he 9 occasion when she had a conversation with Colonel `
10 would give offensive jokes, dirty jokes, and some would 10 Chaffinch and he indicated that he would not assign ?
11 be offensive to women, yes, as well as minorities. 11 another woman to work In the tmflic oontr·ol section, I _
12 Q. Okay. So let's just follow up on that a little 12 believe Captain Conley will testify as a uniformed
13 bit. Dos Colonel Chaflinch try to use humor as part of 13 officer. This probably had to do with aftu- you left.
14 his management style? 14 Okay. He wouldn't assign another woman to work in the
15 A. Yes. 15 traffic control section because he felt that two women
16 Q. And I think you just indicated that he, whenever 16 could not get along and work together.
17 you would come in contact with hlrn, he would tell a joke 17 Okay. Have you ever heard that kind of a
1B or something like that, right? 18 remark from Colonel Chatiinda yourself? _
19 A. Yes. 19 A. Yes, on two occasions. The first one was
20 Q. If you had to characterize it, the sum total of 20 referring to Pat Anderson, who was the maln secretary ln
21 the kinds of jokes and everything he tells, for example, 21 the traffic section. Some issues arose and t.hat's what
22 there are some jokes that aren't sexually offensive? 22 he said about Pat Anderson and Captain Conley, was that
23 A. Right, right. True. 23 two women can‘t work together.
24 Q. You could hear a joke on The Letterman Show or 24 Q. Okay. So you heard that some time while you were `
Page 35 Page 37 1.
1 something like that and recount that. would that happen? 1 serving in the tralflc section?
2 A. Sure, yes. 2 A. Yes. A
3 Q. You sald that some jokes would make fun of 3 Q. what was the other occasion? “
4 minorities? 4 A. when they were talking about moves, promotions
5 A. Yes. 5 and some transfers, and Captain Conley mentioned to him
6 Q. Some jokes would make fun of women? 6 that she would not mind having Alice Bailey work in the
7 A. Yes. 7 section, and again that came up, the same conversation ·
8 Q. There would be limericks and things like that 8 that two women can‘t work together.
9 that could be offensive to women? 9 Q. So you were present for that conversation too? j
10 A. Yes. 10 A. Yes.
11 Q. Could there be llmerldcs that weren't offensive 11 Q. Okay. All right. Thank you.
12 to women? 12 All right. Let's move on. In paragraph 38
13 A. Yes. 13 Captain Conley makes an allegation that on an occasion
14 Q. Poems or things? 14 when Colonel Chafflnch was a lieutenant he had been
15 A. Mm—hmm. 15 disciplined for participating ln an incident where a `_
16 Q. Ali right. Could there be limericks that would 16 female, and this would be a trooper, bared her breasts
17 be offensive to minorities? 17 for money at a party. I think the testimony on this {
18 A. Yes. 18 would be that there was some sort of retirement party or
19 Q. Could there be Iimericls that werent offensive 19 some sort of a function, you know, at a restaurant or `
20. to mlnorltles? 20 some place like that, and drinking was going on, and it ..
21 A. Yes. ‘ 21 got a little bit out of hand somewhere along the line,
22 Q. If you had to characterize it, what percentage of 22 and a trooper might have been dancing on a table, and Q
23 all the jokes he would tell would be offensive to women 23 people said, Take it off, or whatever, and she mlght have i
24 or minorities, if you had to give one? 24 taken her blouse off or her bra off or· something, and j
10 (Pages 34 to 37)
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Case 1 :04-cv-01394-GIVIS Document 176-3 Filed O3/23/2006 Page 3 of 3
Conley v. Chaffinch, et al.
Captain Glenn Donald Dixon C.A. # 04-1394-GMS .. July 13, 2005
Page 74 = Page 76
1 Q. Major Baylor is there with his daughter? 1 A. Yes. l =
2 A. Yes. 2 Q. When was the Colorado springs thing? T
3 Q. Teenage daughter? 3 A. That was I‘m going to say around July or August I
4 A. I think her name is Sydney. 4 of 2003. =
5 Q. Captain Conley ls there? 5 Q. Okay.
6 A. Yes. 6 A. Around then, yes. We were there as a traflic .
7 Q. Colonel Chaflinch goes, and his wife I think is 7 records forum.
8 attending also? 8 Q. That's what it was, right.
9 A. Yes. 9 A. And then Colonel Chafflnch, as well as Major
10 Q. You wear name tags? 10 Hughu, Major Baylor were there for an FBI oonferenoe in
11 A. Yes. 11 Colorado Springs. We were in Denver. `
12 Q. Hospitality room? Was there a hospitality room? 12 Q. And they all met you for dinner?
13 A. Yes. 13 A. Yes. We met hallway. _
14 Q. So what would like your name tag say? 14 Q. Okay. And at that dinner was the colonel in rare
15 A. Normally I wouldn‘t wear a name tag going to the 15 form?
16 hospitality room after hours, so I don't know lf] had 16 MS. BALLARD: Object to the form.
17 one on there, but it would have said Captain Glenn Dixon, 17 Q. At the dinner was the colonel telling jokes or
18 Delaware State Polioe. 18 engaging ln oonduct that women or minorities could lind y .
19 Q. And the colonel would have a name tag? 19 offensive? *·
20 A. Yes. He actually wears a permanent —- not a 20 A. He was ·- I wouldn't say he was in rare form, but
21 permanent name tag but one he stulfs in his pocket so 21 he would lay some jokes out there, and I remember one -
22 people know who he ls. 22 time when, I tl1ink it was a waitress, not a walter, 4
23 Q. He is an ofiicer ln the organization, on the 23 pidced his food up, he had some leltovers, and he told
24 board or something like that? 24 the waitress that she could just feed It to the starving
Page 75 Page 77 ~
1 A. In GRE? 1 Ethloplans in Africa. I-le also referred to major - to i
2 Q. In CARE? Maybe I‘ve got the wrong group. Is it 2 Ronnie Gaines as Ronnie Loves Watermelon Gains ln front
3 CARE? 3 of Major Baylor and his daughter. -
4 A. Yes, yes. 4 Q. Ronnie Gaines is an African American trooper?
5 Q. You are saying he has a pem1anent name tag that 5 A. Yes. Retired, yes.
6 he uses that ldentllies him at the time as the colonel of 6 Q. Retired trooper'? _
7 the Delaware State Police? 7 A. Yes.
8 A. Yes. B Q. And he refened to hlm as Ronnie Watennelon
9 Q. Okay. In the hospitality room did the colonel 9 Gaines?
10 recite limeridrs and jokes that women or minorities oould 10 A. Loves Watermelon Gaines.
. 11 find offensive? 11 Q. So those were his words?
12 A. Yes. It was kind of like a dueling process 12 A. And I‘ve heard l:hat numerous limes throughout my
13 between him and another -- I guess the group hired a 13 career, because I‘m fairly certain that they went to the
14 magician and slash comedian, so he was sparing off with 14 academy t¤9€th¤l' and thats when he gave him that
15 him, would recite the llmerldcs and jokes, you know, both 15 nickname, whenever he started the academy.
16 clean jokes and dirty jokes, and the limericks that we 16 Q. And Major Baylor's young teenage daughter was
17 discussed. 17 present at the dinner too? .
18 Q. All right. Was there a dinner that you attended 18 A. I think at the time she was like 12.
19 with Major Baylor and his daughter and Colonel Chaffinch 19 Q. Let me throw out a few other statements that
20 and his wife and Barbara? You all sat at the table 20 Captain Conley allegs she has heard from the colonel ii
21 somewhere, went to Colorado Springs or something like 21 over the years, okay, and see whether or not you have
22 that? 22 heard them. Okay? She allega he has said things like i
23 A. That was in Colorado, yes. 23 "Women are nothing but trouble, women are a pain In the ·
24 Q. This was a different time? 24 ass, you can‘t live with them, you can‘t live without ;
20 (Pages 74 to 77)
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