Free Appendix - District Court of Delaware - Delaware

Case 1:04-cv-00956-GMS
Price, et al. Ralph H. Davis, III

Document 191-5
v. C.A. # 04-1207
Page 30

Filed 06/19/2006

Page 1 of 123
Chaffinch, et al. September 6, 2005
Page 32

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that they were raising were serious? MR. ELLIS: Object to the form of the question. A. Absolutely. Q. When they raised the concerns to you, be it orally or in writing, did you find that they did so in a disruptive manner? A. Absolutely not. No. I would meet with them at formal meetings or informal occasions and they would bring up their concerns to me, basically pleaing for help, we need to get this thing resolved, how can we get it done. They were following the appropriate chain of command that should have worked to accomplish those requests. Q. Did you find that you weren't able to do your job because they were trying to essentially get the range fixed? MR. ELLIS: Object to the form of the question. A. I felt that I, not only myself, and I'll speak for Captain Warren, as well, spent a huge amount of our time addressing the issues they brought to us. Q. Was that because you thought they were important issues which needed to be addressed?
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Q. Did you work closely together with Captain Warren? A. Very closely, yes, sir. Q. Based on your observations, did he do his job well? MR. ELLIS: Object to the form of the question. A. Based on my observations, Captain Warren went well above his job requirements in addressing the issues about the Firearms Training Unit. Q. Based on your interactions with Captain Warren, did you find him to be a truthful man? A. Very truthful. Q. Based on your interactions with Captain Warren, did you find him to be a man of honor? A. Very much so. Q. Captain Davis, I'd like to put another document in front of you. This document was previously marked as Chaffinch Deposition Exhibit No. 2. Could you read this document quietly to yourself, Captain? A. Yes, sir. (Complied.) Okay, sir. I have had a chance to review the document. Q. Capital Davis, have you ever seen this document
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A. Absolutely. Q. Did anything they said to you threaten your authority as their lieutenant? A. No, never. Q. Do you know of anything that they said which impugned your integrity? A. Absolutely not. Q. Are you aware of anything that they may have said which would have threatened Captain Warren's authority? A. Not at all. Q. Are you aware of anything that they may have said which would have impugned Captain Warren's integrity? A. Never. Q. You were the assistant director of training in the end of 2003 and the beginning of 2004; isn't that right? A. That's correct. Q. And director of training at the time was Captain Greg Warren? A. That's correct. Q. Would that have made you his second in command? A. That's correct.

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before? A. Yes, sir, I have. Q. Does this appear to be a memo sent to you from Sergeant Alfred W. Parton, Jr., who was the NCOIC at the time of the SORT, S-O-R-T, team? A. It does appear to be that, yes, sir. Q. Do you recall approximately when you received this document, because it appears to be undated? A. I do not recall a date, no, sir. Q. But it would have had to have been when you were a lieutenant, because it appears to be addressed to Lieutenant Ralph Davis, correct? A. That's correct. Q. Page 1 of this exhibit, does Sergeant Parton appear to be expressing that there were problems at the FTU even when he was in charge of the FTU? A. Yes, that's what he's stating in the memo. Q. Did he ever talk to you about that or ask you if you had received this memo or anything like that? A. I don't recall speaking to him personally about receiving the memo. Q. But you did receive the memo? A. Oh, I remember it, yes, sir. Q. You can put that document down.

9 (Pages 30 to 33) Wilcox & Fetzer, Ltd. Professional Court Reporters (302)655-0477

A501

Case 1:04-cv-00956-GMS
Price, et al. Ralph H. Davis, III

Document 191-5
v. C.A. # 04-1207
Page 34

Filed 06/19/2006

Page 2 of 123
Chaffinch, et al. September 6, 2005
Page 36

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I'd like to direct your attention -MR. ELLIS: Before you go on, this you said was Chaffinch what, 2? MR. NEUBERGER: 2. BY MR. NEUBERGER: Q. Now, Captain, do you recall a time in July of 2004 when you were at a commanders' and section chiefs' meeting when Sergeant Foraker was asked to go out into the hallway with I guess then Lieutenant Colonel MacLeish? A. I do remember that meeting, yes, sir. Q. Do you recall that he was asked to go out into the hallway before the meeting began by Lieutenant Colonel MacLeish? A. Well, what I recall about that was I learned of these events that you just described after the meeting. I was called into the director of training's office, Captain Greg Warren's office, by the lieutenant colonel, and he began to explain why he removed Sergeant Foraker from the meeting. At that time I had no idea he had removed Sergeant Foraker from the meeting. But he went on to explain that this was a meeting for captains and section chiefs only; he's very sensitive to the issue of Sergeant
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the standing order to be at those meetings because it is a commanders' meeting. I did not receive a special invitation I'll say. But if I recall, Sergeant Foraker was told to be there at that meeting. By whom, I'm not sure. And by what media, I'm not sure, either. But he was told to be there at that meeting. Q. I'm going to skip back to January of 2004. Did you ever attend a meeting at the FTU with staff of the FTU and also members of Facilities Management? A. Yes, I did. Q. Do you recall if it happened on one occasion or maybe more than one occasion? A. I recall attending just one meeting on one occasion. Q. Do you recall that there were representatives of Facilities Management at that meeting? A. I recall at least two, if not a third individual from Facilities Management attending the meeting. Q. Did they express any type of an attitude or a feeling towards the concern that the men were raising? MR. ELLIS: Object to the form of the question. A. I would say the two individuals that I specifically remember being there had two different
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Foraker and the lawsuit and he asked him to leave because he is not a section chief or a captain. Q. Do you recall if he said anything else to you during that meeting? A. During the meeting in the director of training's office? Q. Yes. A. No, I do not. He did not say anything else. Q. To the best of your knowledge, was Sergeant Foraker the section chief of the Firearms Training Unit? A. Absolutely. If I recall, too, Mr. Neuberger, that Sergeant Foraker was told -- I spoke to Sergeant Foraker about this later. Sergeant Foraker was directed to be at those meetings as a section chief. But in particular, I may be mistaken, but this was a special occasion when section chiefs were supposed to appear to have their photos taken for some publication. I'm not sure if it was our annual report. But Sergeant Foraker was specifically directed to be there on that date. Q. How did it come about that you were at that meeting? Did you receive an order or a request to be there? A. Well, section chiefs, troop commanders, that is

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attitudes. There was an engineer there, Mark DeVore, I believe. DeVore is the last name definitely. His was a defiant attitude and almost looking down upon -- step back. Corporal Warren seemed to be running the meeting. He was the knowledgeable person of the range. He was giving us a tour. He was doing most of the discussion. As we toured the facility, Corporal Warren would point out issues that he felt needed to be addressed that, No. 1, may fix the problem and he was also identifying problems as we went along. And Mr. DeVore's attitude was almost you don't know what you're talking about, I'm the engineer, you're a cop, basically. That theme carried throughout the tour whether we were in the control room, out on the range, or back behind the bullet trap. The other individual I remember attending the meeting from Facilities Management was Mr. Doyle Tiller. He was very congenial and he was listening, but he didn't appear to be very knowledgeable of the things that Corporal Warren and I believe Corporal Warwick were there that we were discussing. We talked about the composition of the frangible ammunition, and on that occasion he told me that, oh, there's

10 (Pages 34 to 37) Wilcox & Fetzer, Ltd. Professional Court Reporters (302)655-0477

A502

Case 1:04-cv-00956-GMS
Price, et al. Ralph H. Davis, III

Document 191-5
v. C.A. # 04-1207
Page 38

Filed 06/19/2006

Page 3 of 123
Chaffinch, et al. September 6, 2005
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nothing -- no heavy metal in it; it's all ceramic. He didn't appear to be very knowledgeable as -- I believe his title is plant hygienist or physical hygienist. He didn't appear to be very knowledgeable in that regard. But he was not defiant or antagonistic at all. Q. Did you later find out that there was, in fact, heavy metals in the bullets that were being fired at the FTU? A. Yes, I did. To my surprise. My association with the Firearms Unit began in earnest probably in March of 2003, and even prior to that I was always under the impression that this was a nontoxic, lead-free frangible ammunition. Nontoxic to me, I would think you would lead everybody to believe there were no heavy metals in it, because my limited knowledge of that area, heavy metals are toxic. Q. Just speaking as a trooper who trained there twice a year, is that something that would be of concern to you? A. Absolutely. I thought it was a positive that we went away from lead, not knowing that we were going from one heavy metal to another, which there's no gain there I don't believe. Q. Let me just name some of the heavy metals and
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THE WITNESS: It was in bullet form. Q. Have you ever been to a place called Sambo's? A. I have not. I have heard about the place and a reputation, but I have never been there personally. Q. What have you heard about the place? A. I heard that -- it's actually a very nice place to go. It's very laid-back. People go there to relax, to have fun, sort of let their hair down, say what they want to say, and eat crabs and drink beer. Q. Have you ever heard that it's a popular place to go? A. Yes. MR. NEUBERGER: I'd like to take a short probably one-minute break. I want to confer with my clients out in the hallway and see if I have missed anything, and I don't think I will have any more questions after that. MR. ELLIS: Okay. (A recess was taken.) MR. NEUBERGER: Captain Davis, I have no further questions for you. THE WITNESS: Thank you, sir. BY MR. ELLIS: Q. Captain Davis, I have a couple questions.
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see if they ring a bell to you. Arsenic, tin, nitroglycerine, copper? A. Copper, zinc. Q. Are those the types of heavy metals that you later found out were in the ammunition? A. Yes. MR. ELLIS: Is nitroglycerine a heavy metal? Q. Is nitroglycerine a toxic material which you later found out was in the ammunition being shot? A. I believe it's a toxic element, and I found out that it was in the round, yes, sir. Q. For example, there's a periodic table which I probably haven't looked at since chemistry class in high school. Have you looked at the periodic -MR. ELLIS: I guarantee you nitroglycerine is not on the periodic table. MR. NEUBERGER: It's NI? BY MR. NEUBERGER: Q. In all seriousness, are those all substances which, to the best of your knowledge, are toxic? A. Absolutely. MR. ELLIS: Was the nitroglycerine in pill form?

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I think you testified that you became the assistant director of training in about October 1999. Is that correct? A. No. October of 1999 my title -- I was a lieutenant, but my title was special projects coordinator. Q. I missed something in your history. A. I'm sorry. Q. When did you become assistant director of training? A. It would have been March of 2003. Q. Who was your predecessor? A. As the assistant director of training? Q. Right. A. Lieutenant Purcell, P-u-r-c-e-l-l. Q. I'm going to put a document in front of you that I'm going to ask the court reporter to mark whatever we're up to. (Davis Deposition Exhibit No. 2 was marked for identification.) BY MR. ELLIS: Q. Have you ever seen this document before? A. Yes, sir, I have. Q. Where did you see it?

11 (Pages 38 to 41) Wilcox & Fetzer, Ltd. Professional Court Reporters (302)655-0477

A503

Case 1:04-cv-00956-GMS
Price, et al. Ralph H. Davis, III

Document 191-5
v. C.A. # 04-1207
Page 42

Filed 06/19/2006

Page 4 of 123
Chaffinch, et al. September 6, 2005
Page 44

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A. I believe Sergeant Foraker provided it to me, to Captain Warren, and to Sergeant Ashley at the, as it indicates, December 1st, 2003, transition meeting. Q. Is this your handwriting on this document? A. Yes, sir, it is. I believe this is the document I also provided to the State Auditor's Office during their review. Q. Have you provided it to anybody else? A. Not that I recall. Q. For example, immediately after the meeting that occurred on December 1 of 2003, did you provide a copy to your boss? A. To Captain Warren? Q. Yes. A. He was at the meeting, so he would have had his own. Q. You testified that he left at some point during the meeting. A. Yes. We did a sit-down meeting in a conference room initially. Captain Warren, I forget what event -he was required to leave -- he left and then we did the tour, myself, Sergeant Ashley, and Sergeant Foraker. Q. Was this document produced at the beginning of the meeting, at the middle of the meeting, or at the end
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Q. Did you expect to see this type of document at that meeting? A. No. I was pleasantly surprised, actually. Q. Why were you surprised? A. Typically meetings can be a little run amuck and let's sit down and kind of B.S., what's the problem, let's get it done, let's get it over with. I was impressed that Sergeant Foraker obviously had been thinking about the meeting prior to the meeting and took the time to construct such a document. Q. Was this the first time during your tenure as the assistant director of training that there had been a change in command at the Firearms Training Unit? A. Yes. Q. The first comment made on the upper left-hand corner, isn't really a comment, says "Wayne, Kurt" and then there's a mark and it says "Jon," J-o-n. A. I think that's January. Q. January. Do you know what that refers to? A. No idea, sir. Q. Below that it says, "Jimmy - needs baseline." Would that be Jimmy Warwick? A. Corporal Warwick, yes, sir. He had just recently been assigned to the Firearms Training Unit, and
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of the meeting? A. Beginning of the meeting. I believe Sergeant Foraker wanted it -- if I recall, his intent was so that we had some continuity almost as if it were an agenda. These were the issues he wanted to address in the meeting, let's keep on task. Q. This is a document that you first received blank from Sergeant Foraker at the beginning of the meeting on December 1? A. Well, not blank. It had the issues to the left I guess you will say. Q. I'm sorry. When I say "blank," I mean there was no handwriting on it? A. Correct. Q. The typed part was there, but the handwriting wasn't? A. That's accurate, yes, sir. Q. Who directed the meeting; in other words, who was running the meeting? A. I believe initially it was Captain Warren. We're a paramilitary organization. The highest ranking officer. Q. The captain? A. Right.

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I'm referring to the fact that he needs a baseline blood test. Q. Would that be a blood lead level? A. Yes, sir. Q. The first line of the document that is typed has Wayne Warren's name on the left side of the document. Do you see that? A. Yes, I do. Q. Can you read for me what's in your handwriting just to the right of that? A. "Patrol Procedures." Q. "Patrol Procedures"? A. Can't say it -- "patrol Procedures." Q. What does that refer to? A. Corporal Warren was our -- one of our lead patrol procedure instructors. Q. Does that mean that he instructed recruits at the academy on patrol procedures? A. Besides his primary function as a firearms instructor, he was also tasked with providing patrol procedures courses for the recruits, yes, sir. Q. Bruce Peachey was another person sent to the Firearms Training Unit at the time, right? A. I believe he was temporarily assigned due to an

12 (Pages 42 to 45) Wilcox & Fetzer, Ltd. Professional Court Reporters (302)655-0477

A504

Case 1:04-cv-00956-GMS
Price, et al. Ralph H. Davis, III

Document 191-5
v. C.A. # 04-1207
Page 46

Filed 06/19/2006

Page 5 of 123
Chaffinch, et al. September 6, 2005
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injury he sustained while working, yes, sir. Q. As of December 1, 2003, he would have been almost ready to retire, right? A. Yes, sir. Q. Is February 9th his retirement date? See that -A. I don't believe he retired in February. I believe he lasted through the summer at least of 2004. Q. Do you know what you meant when you wrote "physician's note" just to the left of February 9th? A. I think his physical status as far as was he a light duty, how much could he work because of the injury he sustained in his legs, I think we were requesting a physician's note just to identify his status for us. Q. Who is it that's requesting a physician's note? A. I don't recall who requested that. I don't know if it was just something that was brought up. I don't know -- he wasn't in attendance, so it definitely wasn't him. I don't remember if Captain Warren said we need to get a physician's note and I wrote down a reminder for myself. Q. Who's responsible for getting the physician's note under those circumstances when you have a person who's got a physical injury?
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A. Correct. Q. Further down there are some notes on FTU weapon inventory. You wrote the word "plenty" there next to "Handguns." A. Yes, sir. Q. Is that correct? A. Yes, I did. Q. Why did you write that? A. We had a large surplus of handguns in the Firearms Training Unit. Basically Sergeant Ashley was telling Sergeant Foraker we did not need to order any more; we had plenty. Q. Here you're recording what Sergeant Ashley says to Sergeant Foraker? A. Yes. Q. Is that same thing true with the "Shotguns" line? A. "Mixed models," yes, sir. Q. How about the next line where it says, "Weapon Destruction Status," could you read that just to make sure? A. My handwriting says, "IA," referring to Internal Affairs, "advised do not have to attend." Q. I don't see a "not" there.
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A. The trooper. The injury trooper. Q. I guess what I mean is who in the chain of command is responsible for making sure the trooper provides the note? A. I guess the trooper ultimately is responsible for it, but the supervisor should see that they provide the note. Q. In this case would it be Sergeant Ashley or would it be you? A. It should have been Sergeant Ashley. Q. If Sergeant Ashley didn't do it, then you were responsible? A. Correct. Q. Down below that where you have a line for Jim Warwick, can you read to me what you wrote there? A. The abbreviation for captain, will identify, abbreviated, firearms school/course. Q. Why did you write that? A. Corporal Warwick came into the unit without formal firearms training and the captain obviously either had agreed or we collectively agreed that the captain would identify a course to which we could send Corporal Warwick. Q. Is that so he could become certified?

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A. I'm sorry. "IA advised do have to attend." Q. It looks to me like it says, "do have have to attend." A. You're right. "IA advised do have have to attend" is what it says. Q. Could you perhaps explain to us why you wrote that down? A. I can't explain what I wrote, but I can explain what I meant. Q. Explain what you meant. A. The typed verbiage prior to what I wrote states "Weapon Destruction Status." Apparently there was -each year the Firearms Training Unit is responsible for training any seized weapons. There was some concern whether Internal Affairs needed to accompany the Firearms Training Unit to the destruction site or whether they did not have to attend. And here Sergeant Ashley told us that they do not have to attend the actual destruction. Q. "They," meaning the FTU personnel? A. No. The Internal Affairs section. Q. So over to the next page, please. A. (Complied.) Q. On the upper left-hand corner, as the statement says, "hood to cleaning room." What does that refer to?

13 (Pages 46 to 49) Wilcox & Fetzer, Ltd. Professional Court Reporters (302)655-0477

A505

Case 1:04-cv-00956-GMS
Price, et al. Ralph H. Davis, III

Document 191-5
v. C.A. # 04-1207
Page 50

Filed 06/19/2006

Page 6 of 123
Chaffinch, et al. September 6, 2005
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A. There was an issue of the cleaning solution that was being used to clean the weapons. Not the trooper themselves, but the Firearms Training Unit, they did a more detailed cleaning. The solution appeared to be caustic, would burn their nose and eyes. And they brought up the issue of getting a hood installed, having a hood installed in the cleaning room so that these fumes would be vented. Q. Is this Sergeant Ashley telling you that getting a hood in the cleaning room was something that was in the process at that point? A. Yes. Q. The next line down where it says, "Handgun-Service," can you read that for us? A. In my handwriting I have written: "frangible old service ammo to SORT for outside shooting." Q. What does that mean? A. It means the service ammo -- we are currently using frangible service ammo. We did have some old ammunition that was composed of lead that would be used by our Special Operations Response Team for outside shooting. Q. I understand. What you're saying is you're currently using frangible, the old stuff is being sent to
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A. They were the individuals or the troopers who were certified as simunitions role players. Q. Again, this is something that Sergeant Ashley's telling Sergeant Foraker? A. Correct. Q. The next section of the document is called "Facility." I don't see anything written next to "Overall Building Conditions." Why didn't you write anything next to that? A. This was done prior to the tour. Q. I understand that. A. So I didn't revisit this after the tour. Q. Why not? A. I just didn't. Not for any reason. Just did not. Q. The next line down where it says next to "Roof leaks," it says -- I think this is "normal leaks"? A. Yes, sir, that's what it says. Q. Why did you write down "normal leaks"? A. Sergeant Ashley told us that. Q. Going over to the next page, the first line next to the air-handling system, it says "balanced." Is that something Sergeant Ashley says? A. Yes.
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SORT for outside -A. Because they were shooting outside. Q. And lead is less of a problem in the outside environment? A. Correct. Q. By the way, is what I just asked you things that Sergeant Ashley was telling Sergeant Foraker at the point that Sergeant Foraker was taking over? A. Correct. Q. The remainder of the comments on the second page of this document, are they things that Sergeant Ashley is telling Sergeant Foraker at the point that he's turning over the range? A. Yes, sir. Q. At the bottom left there's a comment. It looks like several names and some arrows. Can you read the names, please, that are in your handwriting? A. Rich, Ronnie, Kurt, Wayne, Amber. Q. Do you know who those people are? A. I have a pretty good feel for who they are. Rich Ashley, Ronnie Rhoads, Kurt Price, Wayne Warren, and Amber Smith Cammacho. Q. Why are their names written down there, and what's the meaning of the arrows next to them?

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Q. The next line down, "Lighting System," "reconfigured works well," that's something Ashley said? A. That's correct. Q. "Target System," could you read that? I'm not sure what that means in your handwriting. I'm sorry. I don't mean to be insulting about your handwriting. Sometimes it's legible and sometimes it's not. A. I understand. "Running man working." Q. What does that mean? A. Part of the target system allowed the target to move across the range as if it were a running individual. And in this case Sergeant Ashley is telling us that it is working. Q. That it is working? A. Correct. Q. "Sound System," these are things that Sergeant Ashley told Sergeant Foraker and you recorded them down? A. Correct. Q. "Works perfect & JBL remote system"? A. Yes, sir, that's what it says. Q. The next is "Bullet Trap - July/August reworked." Do you know what that means? A. I believe what he means is that in July and

14 (Pages 50 to 53) Wilcox & Fetzer, Ltd. Professional Court Reporters (302)655-0477

A506

Case 1:04-cv-00956-GMS
Price, et al. Ralph H. Davis, III

Document 191-5
v. C.A. # 04-1207
Page 54

Filed 06/19/2006

Page 7 of 123
Chaffinch, et al. September 6, 2005
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August of 2003 this system was repaired or reconfigured. Q. Do you know what the repair or reconfiguration was? A. I have since learned since this meeting, not at the meeting but during the period of time from this meeting, that an addition was added to the drag system so that the sludge that accumulated in the trap area would be pulled out of the system. Q. Did you know that that had occurred at the time that it occurred? A. I did not, no, sir. Q. The next line down is "Water/Oil Pump System." I think it says "Goulds," G-o-u-l-d-s. A. That's correct. Q. I take it Goulds is the name of a pump? A. Yes, it is. Q. What's the significance of writing down "Goulds pumps" here? A. Just because Sergeant Ashley told us that's the type of pumps he was using. Q. The next line down says, "Conveyor Belt System runs 24/7/365 to prevent freeze-up." A. Yes, sir. Q. Do you know why it runs 24/7/365 to prevent
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Firearms Training Unit, but what's a patch? A. Used to clean the weapon. You would push it through the barrel of the weapon. Q. To clean the weapon, okay. A. Because of the savings by finding them at a reduced cost, he had ordered a huge number and he was telling us you won't need to order patches for a while. Q. That doesn't have anything to do with cleaning the dust off the floor? A. No. These typically are 2-by-2 patches, maybe 1-by-1, depending on the weapon. MR. NEUBERGER: You're talking about inches, just for the record? THE WITNESS: I'm sorry. Two inch by two inch. I'm sorry. Q. Down on the bottom of the third page there are some things in your handwriting that I'd like you to go over with us just to make sure I understand the words. First, on the left, the first of the four items mentioned at the bottom, could you read that? A. "Glocks two handguns missing." Q. By the way, maybe I should ask you this: This is all stuff that you wrote down before you actually went on the tour, right?
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freeze-up? A. I believe because of the composition of the frangible ammunition, when it hit the ramp, would go into the air, fall into the water. If the conveyor system wasn't running continually, the system would turn into almost a concrete and it would freeze up the system. The system was not strong enough to start up and drag the composite out. Q. How do you know that, what you just said? A. I know it from Sergeant Ashley telling us that. I also learned it from talking to the firearms training staff that this is what would take place. It's common sense, as well. You drop concrete in the water, it freezes up, the system can't pull it. Q. The next line says, "Cleaning Supplies." Can you read what that says? A. "Won't need patches." Q. Can you explain the meaning of that? A. My recollection is that Sergeant Ashley was able to find a deal on patches, and, if I'm not mistaken, they were patches that were made by prisoners. Because of this great price, he had ordered a huge number of patches. Q. I'm sure I don't understand the workings of the

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A. Correct. Q. Keep going. A. The next area I wrote "Remedial training issue date" with a question mark, DICAT." Q. What's a DICAT? A. It's an acronym for Division-wide Command Accountability and Tracking. It was a monthly meeting where commanders and section chiefs were called together and issues were addressed with those individual commanders. Q. What type of remedial training are you talking about here? A. If I recall, the issue was that, if an individual went to our firearms range, to the range, and did not qualify, there was a sequence of events in order for them to be requalified and then they had to continue to come back to the range quite frequently for training. That created an issue -- compounded the current staffing issue that we did not need. By having them come on frequently, that meant that the staff had to dedicate more staffing to that issue. They would like to limit the amount of times that an individual would have to come back and be retrained. Q. Now, this is something that Sergeant Ashley was

15 (Pages 54 to 57) Wilcox & Fetzer, Ltd. Professional Court Reporters (302)655-0477

A507

Case 1:04-cv-00956-GMS
Price, et al. Ralph H. Davis, III

Document 191-5
v. C.A. # 04-1207
Page 58

Filed 06/19/2006

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Chaffinch, et al. September 6, 2005
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telling you? A. I believe so, yes, sir. All this is from Sergeant Ashley. Q. In effect, that there were two Glock handguns missing is also something Sergeant Ashley said? A. Yes, sir. Q. Go over farther to the right where it says "exhaust fan." A. Yes, sir. Q. Is that what it says? A. It does say that, yes, sir. Q. Do you remember what the discussion about that was that led you to write down "exhaust fan"? A. I believe we're referring back to the exhaust fan in the cleaning room. The hood that was referenced on the second page. Q. Okay. A. He was explaining that he had discussed this with Facilities Management. Q. Okay. And the last item over on the right, could you read that for us? A. It says, "5th person," and I'm guessing that it also says, "maintenance/clerical." "Clerical" I'm very sure about. The "maintenance" I'm not very clear on.
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Q. Now, it is my understanding, captain Davis, that last week you received an instruction from Colonel MacLeish to search for documents that might be pertinent to any of the plaintiffs in this case, who are all sitting across the table from you, or the Firearms Training Unit. Did you, in fact, get such a communication? A. Yes, I did. Not exactly at that verbiage, but I received an e-mail from the Colonel's secretary asking me to provide or research documents concerning the Firearms Training Unit and the range. Q. Now, did you provide a copy of that e-mail to Mr. Neuberger? MR. NEUBERGER: Objection. Attorney/client privilege. I instruct Captain Davis not to answer on that basis. MR. ELLIS: I don't think the mere fact that he sent it to you is privileged. MR. NEUBERGER: I think it is. I think you can ask him whether he communicated about it without the specifics of what the communication was. But it's your questions, obviously. BY MR. ELLIS: Q. Have you had communications with Mr. Neuberger,
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Q. Was that Sergeant Ashley suggesting that a fifth person be assigned to the FTU? A. Yes, sir. Q. And the function of that fifth person was to do maintenance and clerical work? A. Clerical issues, yes, sir. Q. When you were done this meeting -- I think you said it occurred in the office area -- what did you do with this piece of paper or at least with the original of this piece of paper? A. With the actual paper itself, what did I do with the paper? Q. Yes. A. I maintained a file of Firearms Training Unit issues and that went in that file. Q. Did you ever talk to Sergeant Ashley about the things that were discussed in this meeting after the meeting was over? A. I do not recall speaking to him about this, no, sir. It seemed to be resolved issues. There was no follow-up that I see here. Q. Are there things that Sergeant Ashley told you in this meeting that are untrue? A. To the best of my knowledge, no, sir.

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and I'm referring to Stephen Neuberger at least for the time being, about the substance of the lawsuit that brings us here today? A. No, sir. MR. NEUBERGER: I'll object on privilege grounds here again. I understand you're not asking specifics, and I understand that he answered, but go ahead. Q. Have you had communications -- I may have asked this in a slightly different way. Have you had communications with Mr. Neuberger about the content of that e-mail that you got from the Colonel's secretary? A. Yes. Q. You, I understand, were a plaintiff in a lawsuit brought against Colonel Chaffinch sometime last year. Am I correct about that? A. Yes. Q. Would I be correct that that lawsuit was filed in, roughly, February 2004? A. Correct. Q. When did you retain the Neuberger law firm to represent you in that lawsuit? MR. NEUBERGER: Objection. Attorney/client privilege again.

16 (Pages 58 to 61) Wilcox & Fetzer, Ltd. Professional Court Reporters (302)655-0477

A508

Case 1:04-cv-00956-GMS
Price, et al. Ralph H. Davis, III

Document 191-5
v. C.A. # 04-1207
Page 62

Filed 06/19/2006

Page 9 of 123
Chaffinch, et al. September 6, 2005
Page 64

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MR. ELLIS: Date of hire, date of retaining a lawyer is never privileged. MR. NEUBERGER: Under what authority is the date not privileged? MR. ELLIS: It's not a communication. What's privileged -MR. NEUBERGER: I think it is, the fact that there is a meeting and when it would have occurred. MR. ELLIS: You're going to take the position that you are this witness's attorney for purpose of the Foraker, Warren, Price lawsuit? MR. NEUBERGER: I think you can certainly ask him that, but I am going to take that position. MR. ELLIS: You're not going to let him answer the question as to the date which your father at the time for his own lawsuit -MR. NEUBERGER: The date, yes. And I am going to instruct him. MR. ELLIS: I want that clear for the record because we may end up in court on some of this stuff. BY MR. ELLIS: Q. Your attorney has indicated that he is your attorney for purposes of this current lawsuit. By "the
Page 63

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BY MR. ELLIS: Q. Do you have a retainer agreement? MR. NEUBERGER: Again, same objection. Attorney/client privilege. Instruct Captain Davis not to answer. BY MR. ELLIS: Q. If the question is imprecise, do you have a representation agreement, in other words, a letter, in which Mr. Neuberger has set forth the terms of his representation of you in connection with the Warren, Price, Foraker lawsuit? MR. NEUBERGER: You can answer that. A. Could you repeat the question? MR. ELLIS: Can you read it back, please? (The reporter read back as instructed.) THE WITNESS: No, I do not. BY MR. ELLIS: Q. Were the terms of his representation of you subject to an oral discussion? MR. NEUBERGER: Are you asking him what the specific contents of the discussion were? MR. ELLIS: No. MR. NEUBERGER: Whether there was a discussion -Page 65

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current lawsuit" I mean the Foraker, Price, Warren lawsuit. Did you hear that when he said that a couple seconds ago? A. Yes, I did. Q. I'd like to ask you when that representation began. MR. NEUBERGER: Hold on. MR. ELLIS: If you're going to instruct him not to answer, that's fine. I want to get the parameters. But I think I have to ask the question in order to properly prepare the record. MR. NEUBERGER: Can you give me a second to think about that? Because I'm trying to go through my knowledge of the case law. MR. ELLIS: Absolutely. MR. NEUBERGER: I'll object to that on privilege grounds and instruct Captain Davis not to answer specifically when the representation began. BY MR. ELLIS: Q. What are the terms of Mr. Neuberger's representation of you; in other words, are you paying him? MR. NEUBERGER: Objection. Attorney/client privilege. Instruct the client not to answer.

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MR. ELLIS: Just whether there was a discussion. A. Yes. Q. When did that discussion take place? MR. NEUBERGER: Now, is this just a variation on when the representation began question? MR. ELLIS: It isn't necessarily, but it could be, but it really depends on the subject of the communication which you said he's not going to answer. Whether it reveals it or not, I can't tell you. MR. NEUBERGER: To the extent it's asking when the representation began, I will object on privilege grounds and instruct the client not to answer. MR. ELLIS: You're going to instruct him not to answer when he had a conversation with you at which you set the terms of the representation in this lawsuit, meaning the Foraker, Price, Warren lawsuit. MR. NEUBERGER: I'm sorry. Could I ask the court reporter to read that again? (The reporter read back as instructed.) MR. NEUBERGER: Yes. MR. ELLIS: Yes, you're instructing him not to answer? MR. NEUBERGER: I'm sorry. Correct.

17 (Pages 62 to 65) Wilcox & Fetzer, Ltd. Professional Court Reporters (302)655-0477

A509

Case 1:04-cv-00956-GMS
Price, et al. Ralph H. Davis, III

Document 191-5
v. C.A. # 04-1207
Page 66

Filed 06/19/2006

Page 10 of 123
Chaffinch, et al. September 6, 2005
Page 68

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BY MR. ELLIS: Q. Have you ever, and by that I mean ever, discussed with Tom Neuberger or Steve Neuberger the circumstances at the Firearms Training Unit? A. I do not recall an occasion where we discussed that. MR. NEUBERGER: For the purposes of the record, I'm letting you ask that question without waiver of the privilege. MR. ELLIS: I don't think it sought privileged information. MR. NEUBERGER: Right. To the extent it did, I just want that on the record, Ed. BY MR. ELLIS: Q. Are you prepared, Captain Davis, to meet with me outside the presence of Mr. Neuberger or his father to discuss the substance of the Foraker, Price, and Warren lawsuit? A. No. Q. Are you prepared to meet with me to discuss your actions in terms of supervision of Foraker, Price, and Warren when they were under your command at the Firearms Training Unit? A. Without my representative?
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THE WITNESS: His dad's office. They came back in and sat down and finished their lunch. But I didn't go out to lunch with them. Q. You sat in Tom Neuberger's office while they ate their lunch? A. A couple. I think some of them had finished. Q. Did you discuss the case? A. No, sir. Q. What did you talk about? A. My daughter, their daughters. Q. All daughters? A. We're lucky. Q. Going back to Exhibit 2 for a minute, did you turn a copy of that document over to the State Auditor? A. Yes, sir, I believe I said I did that earlier. I did give them this document, a copy of it. Q. Have you given it to anybody else? A. No, sir. Q. The only place it went from your file is to the State Auditor? A. To the best of my knowledge, yes, sir. Q. Where is your file today? A. At my home. Q. At your home?
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Q. Without your attorney present. A. No. Q. Why not? A. I think because of my history with the division, my history with Colonel MacLeish. For those reasons, I feel that I need to be very careful what I say, how I say it. Q. What specifically is it about your history with Colonel MacLeish that makes you say what you just said? A. I just feel uncomfortable and prefer my legal counsel to be there. Q. Did you ever serve under the direct command of Colonel MacLeish? A. No, sir. Q. You presently, as I understood your testimony, report to Major Eckrich; is that correct? A. That's correct. Q. Before the deposition today did you have lunch with the three plaintiffs? A. No, sir. Well, let me retract that. I met them as they were going out to get lunch. I came back, I sat in Mr. Neuberger's office. MR. NEUBERGER: Just for the record, I think you mean Mr. Tom Neuberger.

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A. Yes, sir. Q. You have your FTU file at your home? A. I took it home because I was directed from the Colonel to review my file and I took it home and took out the pertinent documents. Q. When you say you took out pertinent documents, what do you mean by that? A. The ones that he asked me to provide. Q. In other words, the ones that you felt were responsive to the directive? A. That's it. Q. Where do you normally keep your file? A. In my desk. Q. Your desk is now at headquarters; is that right? A. That's correct. Q. Who did you turn over the Firearms Training Unit to; in other words, to whom did you turn over the Firearms Training Unit when you changed jobs? A. When I left, I was performing two duties, the director and the assistant director duties. So the incoming director was Captain Albert Homiak and the incoming assistant director was Lieutenant Ronald Hagen. So I turned all of my duties over to them collectively at the same time, which would have been the September of

18 (Pages 66 to 69) Wilcox & Fetzer, Ltd. Professional Court Reporters (302)655-0477

A510

Case 1:04-cv-00956-GMS
Price, et al. Ralph H. Davis, III

Document 191-5
v. C.A. # 04-1207
Page 70

Filed 06/19/2006

Page 11 of 123
Chaffinch, et al. September 6, 2005
Page 72

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2004. Q. I'm sorry, who's your replacement, again? A. I guess my actual replacement would be Lieutenant Ronald Hagen. He became the assistant director of training. Q. Did you turn over files to him? A. Yes. Q. Why didn't you turn over the FTU file? A. Because the FTU issue was ongoing and I knew I may need to refer to them when I move on. So I kept those files. Q. Did you give him a copy? A. No, I don't believe I did. MR. ELLIS: Could we take a break for a minute? MR. NEUBERGER: Sure. (A recess was taken.) MR. ELLIS: I'm done. MR. NEUBERGER: I have a couple questions, then. BY MR. NEUBERGER: Q. Now, Captain Davis, are you aware that Sergeant Foraker filed a lawsuit against Colonel Chaffinch in approximately April of 2002?
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you could be retaliated against, be it now or in the future, because you originally sued Colonel Chaffinch and then Secretary Jim Ford? MR. ELLIS: Object to the form of the question. A. I am concerned of that. I have some tangible things that I think that would lead me to be concerned in that my -- upon being noticed of my transfer and promotion, it was done differently than how others had been treated. I did not receive a call from anyone telling me congratulations, you're being promoted, you're going to be transferred. I simply received an e-mail like everyone else. And my promotion was not done in the typical fashion in that the colonel or the superintendent would send out an e-mail by his authority you're promoted to captain. Mine was done by the authority of the secretary of the Department of Safety and Homeland Security. I was being treated differently from the minute I was promoted. Q. Right, and so the secretary at the time when you were promoted who actually had to sign off on the e-mail per his authorization, would that have been Secretary David Mitchell?
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A. Yes, sir. Q. Are you aware that he filed another lawsuit against Colonel Chaffinch and against Colonel MacLeish in August of 2004, claiming that they both had retaliated against him for suing the division in the first place? A. I'm aware of that, yes, sir. Q. Are you aware that Captain Barbara Connolly filed a lawsuit against Colonel Chaffinch in the end of October 2004? A. Yes, I'm aware of that. Q. Are you aware that a short time thereafter Colonel MacLeish authorized the release of a portion of her Internal Affairs file to the media? MR. ELLIS: I'm going to object to the form of that question. A. I have heard that, yes, sir. I have no personal knowledge that that occurred, but I have heard that. Q. Are you aware that subsequently in November or December of 2004, Captain Connolly amended her original lawsuit and sued Colonel MacLeish, claiming that he had retaliated against her for filing her initial lawsuit against Colonel Chaffinch? A. I'm aware of that, yes, sir. Q. Is it a concern in the back of your mind that

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A. That's right. Q. The colonel at the time was Colonel Chaffinch? A. Correct. Q. It's your understanding that he did not sign the e-mail at all because his name was not on the promotion, authorization e-mail? A. That's correct. Q. That is unusual I think you're indicating? A. I believe it's unheard of. I believe the only people who are promoted by the secretary are probably the colonel and maybe the lieutenant colonel. Typically lower-ranking officers are promoted by the colonel. Q. Do you recall the mediation in your case in August, ballpark time, July or August of 2004? A. I do recall, yes. Q. You recall that the defendants in that case were Colonel Chaffinch and retired Colonel Ford, he was then the cabinet secretary? A. Yes, I do recall. Q. And you recall that Colonel MacLeish actually attended that mediation, don't you? A. Yes, I do recall that. Q. He attended the mediation even though he wasn't a defendant in a lawsuit. Do you recall that?

19 (Pages 70 to 73) Wilcox & Fetzer, Ltd. Professional Court Reporters (302)655-0477

A511

Case 1:04-cv-00956-GMS
Price, et al. Ralph H. Davis, III

Document 191-5
v. C.A. # 04-1207
Page 74

Filed 06/19/2006

Page 12 of 123
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A. Yes, I do. Q. Even though he wasn't a defendant in a lawsuit, he attended the mediation in the court case in which Colonel Chaffinch was a defendant? A. Yes, I recall that. Q. And, to the best of your knowledge, are Colonel Chaffinch and Colonel MacLeish friends? A. I don't know that personally, but I believe they are very close. Q. Is retaining a lawyer a decision which you take lightly? A. I do not take it lightly. MR. NEUBERGER: I have no further questions in that regard. BY MR. ELLIS: Q. Has Colonel MacLeish ever told you that he was going to retaliate against you for having sued Colonel Chaffinch? A. Has he personally told me that? Q. Yes. A. Never. Q. Has he told anybody else that that you know of? A. I heard once a rumor immediately after my promotion that Colonel MacLeish, then Lieutenant Colonel
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from Colonel Chaffinch informing you of your promotion, correct? A. Correct. Q. Normally, when the colonel calls, that's the first official word that a trooper gets that he's going to get a promotion, isn't it? A. Official word, yes, sir. Q. You, of course, knew that you were going to get the promotion because you had been at the mediation, right? A. Correct. Q. And that was worked out as part of the court mediation, correct? A. Correct. Q. What is it about the fact that you didn't get a call directly from the colonel that you had sued that makes you believe that you could be the subject of retaliation? A. It was not that solely by itself, because I understand what you're saying. If the court had mandated this would take place or it was mediated that this would take place. But then the fact that the e-mail came out and very noticeably I received calls from other troopers who said this is obvious, promoted under the authority of
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MacLeish, made the statement that -- I'm paraphrasing -that he would promote me, but he would promote me and send me to Troop 1A, which is at the Pennsylvania-Delaware border, and I live in Lewes. And when that was brought to his attention that that might not be a very good idea, he said fine, then I'll promote him and send him to Troop 2, which is near Newark. Maybe that was just posturing. Maybe it was anger. I don't know what it was. Q. When ultimately you were promoted, you didn't get sent to Troop 1A? A. No. Q. You didn't get sent to Troop 2? A. Did not. Q. You got sent about what, 100 yards from where your office had previously been? A. Fifty. Yes, sir. Q. Fifty yards. You said that you had heard the rumor. Who was it that told you that rumor? A. I prefer not to say. Q. You have to tell us. It's part of the case. MR. NEUBERGER: Unless -A. It's retired Major Baylor, David Baylor. Q. You've testified that you did not receive a call

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the secretary, not under the authority of the superintendent. Q. Let's just take one thing at a time, because I want to get to that. What was it about the fact that Aaron Chaffinch didn't call you that you felt might subject you or have you subjected to retaliation? A. As I said, it's not the one thing by itself. It's the totality of the circumstances. Q. I understand that, but is there anything in that fact, the fact that you didn't get the call, even any tiny little scintilla of a thing that makes you worried? A. Sure. That he is angered at my promotion. Q. That who, the guy you sued is angry? A. Correct. Q. The fact that Secretary Mitchell is the person who sent out the e-mail or who authorized the e-mail promoting you doesn't affect the validity of the promotion, does it? A. Not at all. I prefer it coming from him, actually, in this circumstance. Q. Why is that? A. Because the Colonel didn't want to promote me, I don't want him to be forced to do it. I'm happy the

20 (Pages 74 to 77) Wilcox & Fetzer, Ltd. Professional Court Reporters (302)655-0477

A512

Case 1:04-cv-00956-GMS
Price, et al. Ralph H. Davis, III

Document 191-5
v. C.A. # 04-1207
Page 78

Filed 06/19/2006

Page 13 of 123
Chaffinch, et al. September 6, 2005
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Secretary did it, actually. It means more to me coming from a person who wants to do it than a person who doesn't want to do it. MR. ELLIS: I don't have any further questions. BY MR. NEUBERGER: Q. That raises some questions from my end. Captain Davis, did Major Baylor call you up and tell you that he testified in his deposition in this case that Colonel MacLeish and Colonel Chaffinch think you're a pain in the ass because you sued them? MR. ELLIS: What? Object. You're saying that they testified that Captain Davis was a pain in the ass? MR. NEUBERGER: No. Did now retired Major Baylor call him up and tell him that Major Baylor told him that Colonel Chaffinch and Colonel MacLeish think Captain Davis is a pain in the ass because he sued them. MR. ELLIS: I don't believe that's their testimony. MR. NEUBERGER: For the record, I read that this morning. A. I have had no communication with retired
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(Deposition concluded at 2:55 p.m.) - - - - TESTIMONY DEPONENT: RALPH H. DAVIS, III BY BY BY BY BY MR. MR. MR. MR. MR. NEUBERGER.............................. 2 ELLIS................................. 40 NEUBERGER............................. 70 ELLIS................................. 74 NEUBERGER............................. 78 EXHIBITS DAVIS DEPOSITION EXHIBIT NO. 1 - A five-page document numbered page 32 through 36.................................... 15 2 - A three-page document entitled, "FTU Transition meeting 12/01/2003"................ 41 ERRATA SHEET/DEPONENT'S SIGNATURE CERTIFICATE OF REPORTER PAGE 81 PAGE 82 MARKED PAGE

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Major Baylor regarding his testimony or anyone's testimony or deposition. Q. Are you aware that Colonel MacLeish testified in this lawsuit that he doesn't like people who file lawsuits against the division? MR. ELLIS: Again, I'm going to object to the form of the question. I don't believe that's what he said. A. I'm not aware that that's to what he testified. Q. Are you aware that he testified in Captain Barbara Connolly's lawsuit that he doesn't like it when people file lawsuits against the division? A. I was not aware of that. Q. Are you aware that Colonel Chaffinch testified in this lawsuit last week that he doesn't like it when people file lawsuits against the division? A. I was not aware of that. MR. NEUBERGER: I have no further questions. MR. ELLIS: Nothing for me. MR. NEUBERGER: You have the right to read and review this deposition for accuracy if you want. Would you like to do that? THE WITNESS: Yes, I would.

REPLACE THIS PAGE WITH THE ERRATA SHEET AFTER IT HAS BEEN COMPLETED AND SIGNED BY THE DEPONENT

21 (Pages 78 to 81) Wilcox & Fetzer, Ltd. Professional Court Reporters (302)655-0477

A513

Case 1:04-cv-00956-GMS
Price, et al. Ralph H. Davis, III

Document 191-5
v. C.A. # 04-1207
Page 82

Filed 06/19/2006

Page 14 of 123
Chaffinch, et al. September 6, 2005

CERTIFICATE OF REPORTER STATE OF DELAWARE) ) NEW CASTLE COUNTY) I, Kimberly A. Hurley, Registered Professional Reporter and Notary Public, do hereby certify that there came before me on the 6th day of September, 2005, the deponent herein, RALPH H. DAVIS, III, who was duly sworn by me and thereafter examined by counsel for the respective parties; that the questions asked of said deponent and the answers given were taken down by me in Stenotype notes and thereafter transcribed by use of computer-aided transcription and computer printer under my direction. I further certify that the foregoing is a true and correct transcript of the testimony given at said examination of said witness. I further certify that I am not counsel, attorney, or relative of either party, or otherwise interested in the event of this suit. Kimberly A. Hurley Certification No. 126-RPR (Expires January 31, 2008) DATED:

22 (Page 82) Wilcox & Fetzer, Ltd. Professional Court Reporters (302)655-0477

A514

Case 1:04-cv-00956-GMS

Document 191-5

Filed 06/19/2006

Page 15 of 123

In the Matter Of:

Price, et al. v. Chaffinch, et al.
C.A. # 04-956-GMS --------------------------------------------------------------------Transcript of: Gregory Allen Warren January 11, 2006 -----------------------------------------------------------------------Wilcox & Fetzer, Ltd. Phone: 302-655-0477 Fax: 302-655-0497 Email: [email protected] Internet: www.wilfet.com

A515

Case 1:04-cv-00956-GMS
Price, et al. Gregory Allen Warren

Document 191-5

Filed 06/19/2006

Page 16 of 123
Chaffinch, et al. January 11, 2006 Page 1

v. C.A. # 04-956-GMS

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) Plaintiffs, ) ) Civil Action v. ) No. 04-956-GMS ) COLONEL L. AARON CHAFFINCH, ) et al., ) ) Defendants. ) SERGEANT CHRISTOPHER D. FORAKER, ) ) Plaintiff, ) ) Civil Action v. ) No. 04-1207-GMS ) COLONEL L. AARON CHAFFINCH, ) et al., ) ) Defendants. ) Deposition of GREGORY ALLEN WARREN taken pursuant to notice at the law offices of Montgomery, McCracken, Walker & Rhoads, LLP, 300 Delaware Avenue, Seventh Floor, Wilmington, Delaware, beginning at 9:40 a.m. on Wednesday, January 11, 2006, before Kathleen White Palmer, Registered Merit Reporter and Notary Public. APPEARANCES: THOMAS S. NEUBERGER, ESQUIRE THE NEUBERGER FIRM, P.A. 2 East Seventh Street - Suite 302 Wilmington, Delaware 19801-3707 for the Plaintiffs --------------------------------------------------WILCOX & FETZER 1330 King Street - Wilmington, Delaware 19801 (302) 655-0477
Wilcox & Fetzer, Ltd. Professional Court Reporters (302)655-0477

CORPORAL B. KURT PRICE, et al.,

A516

Case 1:04-cv-00956-GMS
Price, et al. Gregory Allen Warren

Document 191-5

Filed 06/19/2006

Page 17 of 123
Chaffinch, et al. January 11, 2006
Page 4

v. C.A. # 04-956-GMS
Page 2

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1 2 EDWARD T. ELLIS, ESQUIRE 3 MONTGOMERY, McCRACKEN, WALKER & RHOADS, LLP 4 123 South Broad Street 5 Philadelphia, Pennsylvania 19109 6 for the Defendants 7 ALSO PRESENT: 8 B. KURT PRICE 9 CHRISTOPHER D. FORAKER 10 WAYNE WARREN 11 ----12 GREGORY ALLEN WARREN, 13 the witness herein, having first been duly sworn on oath, was examined and 14 testified as follows: 15 BY MR. ELLIS: 16 Q. Good morning. Mr. Warren, are you currently 17 employed? 18 A. Yes, I am. 19 Q. Where are you employed? A. I own my own business. I do consulting work for 20 law enforcement agencies and small businesses. And then, 21 of course, I teach. 22 Q. What is the nature of the consulting that you 23 do? 24 A. Basically I do strategic planning. I write

APPEARANCES (Continued):

A. Hockessin. Q. Hockessin? A. Yes. Q. Why don't you give me an address, if you could? A. 11 Withers, W-i-t-h-e-r-s, Way, Hockessin, Delaware, 19707. Q. Where do you presently live? A. At that same location, yes. Q. How long have you lived there? A. Since April 29. Q. Of 2005? A. That's correct. Q. What percentage of the work that you do in the consulting business is for police departments? A. A small amount right now. A small amount right now. Q. What percentage would you say you do for private businesses? A. Probably 60 to 65 percent. Q. Where do you teach? A. Wilmington College and DelTech are the two places I have classes right now. Currently Drexel I do not have any classes going with them or the U of D. Q. How many classes do you teach at Wilmington
Page 5

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business plans if it's a small business. I do strategic planning for police departments and law enforcement agencies and those types of groups. And then I'll work on some grant work and do some other things like writing policy and things of that nature. Basically things that most police officers don't like to do, you know, I do. Q. When you said you "write business plans," are these business plans that have nothing to do with security or police work? A. Yes. They're general business plans. They're people who want to start a small business. Over the last 25 years I've been involved in Rotary and a lot of community activities and nonprofits and things like that and I've had the opportunity to try to help people with small business plans, yes. Q. Does your consulting business have a name other than -A. Yes. Do you need that? Q. Yes. A. Strategic Management Research Center. And it's licensed here in Delaware. Q. Is it incorporated? A. No, no. Sole ownership. Q. Is that located in Dover?

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College? A. Right now I scheduled -- I've got three running right now and I have two scheduled for the second half of the spring. So I've got five this semester that I'm locked in on that I've signed contracts for. Q. All at Wilmington College? A. Yes. Q. Are you a full-time faculty member at Wilmington College? A. No, no. It's adjunct faculty, yes. That gives me more flexibility, by far. Q. So you get paid by the class? A. Yes, yes. I can pick and choose the classes that I want to take, yes. Q. Are you a tenured track professor? A. I've been there almost 20 years. I've been there since 1987, but they don't consider -- adjuncts don't actually get tenure. Q. That was my question. A. Right. You're signing a contract per class. So the college doesn't have an obligation to me, but also I don't have an obligation to them. I can pick and choose the classes I want to teach and they can pick and choose the classes they want to offer me to teach.

2 (Pages 2 to 5) Wilcox & Fetzer, Ltd. Professional Court Reporters (302)655-0477

A517

Case 1:04-cv-00956-GMS
Price, et al. Gregory Allen Warren

Document 191-5

Filed 06/19/2006

Page 18 of 123
Chaffinch, et al. January 11, 2006
Page 8

v. C.A. # 04-956-GMS
Page 6

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Q. Are you currently teaching at DelTech? A. Just one class there right now, yes. That's all I could fit into my schedule. Q. You said that you're not teaching at Drexel now. Does that mean that you have taught there in the past? A. Certainly, yes. Q. Again, as an adjunct? A. Yes. Q. Is your relationship with DelTech as an adjunct? A. Yes. Q. Again, with DelTech, are you on a tenure track? A. No. Adjuncts do not get tenure, no. Q. You said that about Wilmington College. I wasn't sure whether that was true about all schools. A. Yes. Q. University of Delaware you have taught at? A. Yes. Q. When is the last time you taught at the University of Delaware? A. Let's see. It's been two and a half, maybe three years. The last class I taught for them was fundamentals of supervision and leadership, and that's been about three years ago. Things just got so busy at the State Police that I decided there's no way to try to
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teaching that in June at Wilson Graduate Center. I do that every June for them. Q. What's the course that you're going to teach at DelTech? A. Constitutional law. Q. On what level do you teach that? Undergrads? A. Yes, that's undergrad, yes. DelTech is only for an associate's degree. Q. That's the highest degree DelTech awards? A. Right. It is a community college, so that's the highest degree that they award, right. Q. What is your educational background? A. Basically I have an associate's degree in police science. Q. From where? A. DelTech. I have a bachelor's degree in criminal justice. Q. Where is that from? A. From Wilmington College. I have another bachelor's degree from Wilmington College in behavioral science. And then I have my master' degrees, my MS, in business management from Wilmington College, personnel/business management. And then my Ed.D., my doctorate, is in vocational education from Temple
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pull that off at the same time. Q. When is the last time you taught at Drexel? A. About the same time because that's when I left Troop 3 and went to the academy. And there were so many issues to deal with, I just didn't think I could be driving to Wilmington two or three nights a week to be teaching. So that would be about the same time. The last time I taught for them was organizational behavior, I believe. Q. Of the five classes you're currently teaching at Wilmington College, why don't you tell me what the five classes are? A. Multicultural issues in criminal justice. I'm trying to give you time to catch up here. Q. That's okay. We have a court reporter for that. A. Research methods in criminal justice. I have -let's see. Juvenile justice won't be coming up till next block. Computer operations and technology in criminal justice isn't until next block. I'm doing a second criminal justice research class starting tomorrow morning from ten to three in Dover and -- let's see. The next one after that will be executive level law enforcement leadership, which is a grad level class. I'll be

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University in Philadelphia. Q. You said it was in vocational -A. Vocational education, yes, from Temple. Q. What's vocational education? A. Basically it is jobs training. It's preparing people to go into a certain career field or into basically preparing them for their career track. You know, there's educational leadership. There's secondary education. There's elementary education. There's technology and education. Of course, vocational education is the one that's for jobs training, and that worked out for me. Having a background in training, that was a perfect match. Q. Did you write a dissertation to get your doctorate of education? A. Yes, I did. Q. What was it in? A. Basically it was an analysis of how well the Delaware State Police Academy prepared its recruits for taking on the responsibilities of becoming a state trooper or a law enforcement officer in this state. Q. What year did you