Free Reply to Response to Motion - District Court of Delaware - Delaware

Case 1:04-cv—O1391-JJF Document 96-7 Filed O1/23/2008 Page 1_0f2
I I EXHIBIT F

- --——..........._
I Case 1 :04-cv-01391-JJF Document 96-7 Filed 01/23/2008 Page 2 of 2
Wand v. Taylor,-et a1.
- Keith F. Lovett
n . 6 6 . _ 6 8 ‘
j M$_ BALLARD; Objection to the fom-;_ 1 _Q. Did he have a Erst name other than lieutenant? _ O
_ 2 A. As far as you made the statement that Tim 2 A. I dont know.
n 3 considers me a hiend, I'm not a friend to any inmate. 3 Q. What was Harvey's response to your great
4 What happened that day was wrong. It 4 concern that you expressed to him immediately after
' 5 could have been prevented. After that incident 5 this happened?
_ 6 happened, I went to Lieutenant Harvey, told Lieutenant _ 6 A. He kind of blew it off
7 Harvey Y"I'his guy's got some problems. This dude's got 7 Q. Did he acknowledge that he knew anything about
B some mtg or fucking problems. Hes going to bust 8 Robert Johnson? ·
9 loose. Something is going to go down." 9 A. Yes. He probably, he probably had said
1 0 Q. Excuse me. But tell me, when did you see 1 0 something to the fact that he was just, he was just
1 1 Lieutenant Harvey? Right after this happened? 1 1 talking shit and he was, you know, just, just, just
1 2 A. Right after. When the inmates were brought 1 2 another crazy inmate.
1 3 back to the building, I went to Lieutenant Harvey and 1 3 How long did you talk with Lieutenant Harvey?
1 4 said, "Lieutenant Harvey, this dude's a problem This 1 4 A. Just for a couple of minutes. The lieutenant
1 5 dude is going to go crazy. I don‘t want to be around 1 5 would be out on the boulevard at the boulevard gate.
1 6 when it happens." I said, "You better do sornething," 1 6 I distinctly remember going back and going -
1 7 in which case C/O Dunn took Robert Johnson over to the 1 '7 back after the inmates were secured in the building
1 8 iniirmary. The infirmary said there was nothing wrong 1 and told Harvey what had happened. I was more alarmed -
1 9 with him; he was fine. He went back to the building 1 9 at the fact that Robert Johnson was kind of glassy
2 0 and then did what he did. 2 0 eyed and he kind of was real shitty looking when the
2 1 And I don‘t know if you guys have that on 2 1 incident had taken place in the chow hall. And I
. 2 2 record, if you even knew that that had happened, but 2 2 didn't feel uncomfortable or anything with him in the
· 2 3 that was something that I really had planned to keep 2 3 chow hall. I did feel like, you know, he could have
‘ 2 4 to myself, but being that I'm herel don't want to 2 4 incited other inmates to `misbehave, but fortunately -
6 7 6 9 O
1 come off that I'm hiding anything or anything. And as 1 the situation went very smoothly after that. I think
2 much as I don‘t support inmates suing anybody and I . 2 that the other inmates kind of laughed at him and the
3 cau't stand fucking inmates, to be honest with you, 3 fact that he was misbehaving and acting the way that -
4 I'm not going to sit here and bullshit through this 4 he was. I think that I showed great restraint in
5 thing. I'm going to tell you the truth. I'm going to 5 dealing with what he was doing in the chow hall, hut
6 tell you exactly what happened no matter who stands to 6 his glassyaeyed look and his look of craziness really
7 gain the most out of this situation. 7 brought me to want to contact Lieutenant Harvey on the
8 That situation could have been prevented 8 situation.
9 and I'm just going on record as saying that. No 9 I kind of felt like sometimes people don‘t
' 1 O matter what happens hme, I want to be honest and I 1 0 want to do things, don‘t want to write incident
1 1 want to be truthful to the whole situation and that‘s 1 1 reports, people don‘t want to aggressively deal with
1 2 it because I've been struggling with that situation 1 2 situations as they happen in the form of paperwork,
1 3 · for a while. 1 3 removing an inmate or whatever. And I felt like it
1 4 l Q. Well, we all appreciate your candor. We know 1 4 was important that I went to Harvey and let him know
1 5 it‘s a difficult situation for you to keep inside and - 1 5 that this guy was definitely going to be a problem and
A 1 6 appreciate that you can put it out on the table for _ 1 6 somebody needed to do something.
1 7 us. 1 7 Q. I have a few more questions, but I'm just going
. 1 8 Let me ask some follow-up questions, if I 1 8 . to take a moment, if I can. If you need to use the
1 9 may. - _1 9 - bathroom or get some water, I'll be back in a moment.
2 0 . A. Okay. 2 0 Okay? `
2 1 Q. What was Harvey‘s first name? 21 A. Okay. . n
2 2 A. Lieutenant. 2 2 (A brief recess was taken.)
2 3 Q. Mae or female? - 2 2 sv Mn 1vu¤.Rr1N;- •
2 4 A. Male. 2 4 Q. Going back to what Johnson said to you in chow
_ 18 (Pages 66 to 69) _
· __ Wilcox and Fetzer, Ltd, Registered Professiona1 Reporters 302-655-0477