Free Statement - District Court of Arizona - Arizona

EXHIBIT 10 (Parti -to P. 174)

Case 2:04-cv-00320-PGR

Document 88-9

Filed 08/05/2005

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UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

Bobbie M. Golden and Daniel olden, husband and wife; and Shelley M. Hebets,

) ) ) ) Plaintiffs, ) )
) ) No. CIV 04-0320-PHX-PGR

vs

Arizona Department of Administration; Capitol Police Department; Wayne Corcoran and Patricia Corcoran, husband and wife; and Andrew Staubitz and aura Staubitz, husband and wife,
Defendants.

»
Phoenix, Arizona September 15, 2004 9:00 a.m.

VIDEOTAPE DEPOSITION OF SHELLEY HEBETS-HARTSUIKER

%f

LEA, SHERMAN & HABESKI Registered Professional Reporters 834 North First Avenue, Phoenix, Arizona 85003 (602) 257-8514 Fax: (602) 257-8582 Reported by: Jean L. Lea, RMR, CRR Certified Court Reporter Certificate No. 50004

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Department? A. Q. October of, I believe it was, 2000. Have you up until that time, until you joined

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the Capitol Police Department, have you worked for any entity that was either not for your father or not a friend of your father's? A.
Q. A.

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No, I worked for Aetna Financial.
For a month? Correct.

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Q. A.

Okay.

Other than -I'm just

I still had to apply to those jobs.

saying that they're related as far as they know each other. I still had to go through the same process as

anybody else. Q. Okay. I guess that wasn't my question, though.

But leaving aside Aetna, for all of the full-time jobs that you have listed here, they're either jobs -- or businesses owned by your father or friends of your father?

A.
Q.

Yes.
Okay. The Capitol Police Department, you said

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you started in October of 2000?
A. Q. began? A. Police assistant. Yes, ma'am. And what was your position there when you first

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you know, grab you and then you'd use a baton to show that you knew how to use it?

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A. Q.

Not in my class, no. Okay. How many of those defense tactic types of

training did you participate in where Sergeant Corcoran was the lecturer? A. Q. At least two. All right. So to make sure I understand, you

never -- you were never in Sergeant Corcoran's chain of command, so to speak?

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A.
Q. A. Q.

No.
That would be correct? Correct. And you never reported directly to Sergeant

Corcoran as your primary report? A. Q. Other than when he filled in, no. Okay. What's your understanding of sexual

harassment? A. Unwanted comments and unwanted sexual advances.

If -- if somebody takes offense to a comment or a joke that somebody says, if you take offense to it, then it's constituted as -- it could be construed as sexual harassment. Somebody else may not be offended by it, but Or

if you take offense to it, then it would be.

inappropriate things on the wall or -- but somebody has to

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Q.

All right. Looking at what's Bates-stamped in

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the lower right corner DF1126, it says "Procedure" under 3.0 C. Do you see where it indicates that an employee who

feels that they have been harassed should report such harassment to their immediate supervisor in writing?

A.
Q.

Yes.
Okay. Do you now understand that that was your

responsibility as an employee of the Capitol Police?
A.

Yes.

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Q.

Okay. All right. Using -- strike that. And you understand that sexual harassment

applies to both genders/ I mean, in other words, a male should not sexually harass a female, and a female should not sexually harass a male? A. Q. Yes, ma'am. And you understand that a man should not make

unwanted comments to a female, and a female should not make unwanted comments to a male?

A.
Q.

Yes.
You agree that this policy applies to you as

well as everyone else at the department?

A.
Q.

Yes.
And that includes but is not limited to any type

of verbal, meaning oral, saying something to someone of a sexual nature, correct?

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look at the policy, which is Exhibit 3. A. Q. Okay. And the second paragraph under policy 1.02

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reads, "Unbecoming conduct shall include that conduct which brings the division tine disrepute, reflects discredit on the person as a member of the Capitol Police division, can reasonably be expected to destroy public respect for the division and/or confidence in the division, or which impairs the operation of the division or its members." So you understand, do you not, from reading that, that it is your obligation not to bring the Capitol Police into disrepute by any actions that you might take?

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A.
Q.

Yes.
There is a -- okay. Let me ask you this: With

respect to the time that you were a police assistant -A.

Yes.
-- during those ten months, did Wayne Corcoran

Q.

say or do anything to you that you thought was inappropriate? A. Q. At that time, no. Did you, during that time when you were a police

assistant, did you observe him to say or do anything to any other female employee at the Capitol Police that you thought was inappropriate?

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A.

No.

I mean, I've heard him say comments in

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general, but -- make jokes, but other than that, I don't -- didn't see him do anything firsthand on any other female officer. Q. Okay. Well, let me make sure I understand.

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Did - - a t the time you were a police assistant, did you observe Sergeant Corcoran say or do anything to any female employee that you thought was sexual harassment?
A.

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No.

Q.

During the time you were a police assistant, did

you hear from others that Sergeant Corcoran had engaged in conduct which you thought was sexual harassment?
A.

No.

Q.

Okay.

When you were reporting to Sergeant Neus

as your principal line of report after becoming a sworn law enforcement officer and before you reported to Jim Warner, that period of time, approximately that year that you've said, did Sergeant Corcoran say or do anything to you that you thought constituted sexual harassment?
A.

Yes.
Okay. During that period of time now, I want

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Q.

you to tell me what -- what it is that he said or did to

you.
A. Can I clarify one thing, 'cause I don't know for

sure if it was a full year that I worked for Sergeant

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Neus, so I'm not sure when I -Q. A. You told me approximately, so I'm -Approximately, okay. I just wanted to clarify,

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that's all.

That summer he had measured me behind closed

doors and had me take off my shirt, my uniform shirt, my vest that I had on, which left me with a tight white shirt and my sports bra on. Q. A. Q. Okay. To measure me behind closed door. Okay. So we know -- well, strike that. You know exactly when that happened, do you not? A. date, no. It was the summer of -- I don't know the exact I'm sure it's his records because he had to

write down the measurements; he would know the exact date on that. Q. A. I don't recall. You never wrote it down? No. I just had an approximation. I don't know

the exact date. Q.
A.

You know it was in the year 2002, right?
Yes.

Q.
A.

All right.
Yes.

So it's the summer of 2002?

Q.

All right.

So we're talking about measurement

of a ballistic vest?

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A. Q.

Yes, ma'am. Okay. We'll come back to that. Is there any

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other action he took during that time period where you reported to Sergeant Neus that -- directed toward you that you believe is sexual harassment, other than the ballistic vest? A. Well, when I was at the street survival seminar,

he pulled up my shorts, and I don't remember if Sergeant Neus or Sergeant Warner was my immediate supervisor. Q. Okay. So it could have fallen - - i t could have

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been either one of those two sergeants? A. Q.
A.

Correct. But it was also the summer of 2002?

Yes.
All right. Now, at the same time frame, we were

Q.

talking about when you reported to Sergeant Neus -A.

Yes.
-- did you observe Wayne Corcoran say or do

Q.

anything to any other female that you believe constituted sexual harassment? A. Q. Firsthand, no, I did not. During that same time period did anyone report

to you that Sergeant Neus had acted in such a way that you believed constituted sexual harassment? A. I don't believe it was during that time. I

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believe it was afterwards that I had heard that -- other things that had happened. Q. All right. Then let's go on to the - - t o the

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next period. A. Q. Okay. When you're reporting to Sergeant Warner, during

that period of time when you're on the swing -- the swing shift -A.

Yes.
-- did Sergeant Corcoran say or do anything to

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Q.

you that you believe was sexual harassment? A. Other than the two incidences and the last one,

not knowing whether sergeant -- no. Q. Okay. And by the time you began to report to

Hollis Corey, he was already gone?
A.

Yes.
All right. Now, during the time period that you

Q.

reported to Sergeant Warner on the swing shift, did you observe Sergeant Corcoran say or do anything to any other female that you believed was sexual harassment? A. Q. I did not observe that. And during that same time period when you were

reporting to Sergeant Warner, did anyone report to you that Wayne Corcoran engaged in conduct which you believed was sexual harassment?

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A.
Q.

No.
When you worked for Hollis Corey, did anyone

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report to you a conduct that Wayne Corcoran had engaged in at the time he was working at the department that you believe was sexual harassment?
A. Q. No, not when I was working for Hollis. Okay. I'm going to show you the next exhibit. (Exhibit 4 marked for identification.)

Q.

Ma'am, in front of you is a charge of It's on a form that has "Arizona Civil

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discrimination.

Rights Division" and then there's a date stamp, it looks like, on the right lower portion of the page that says, "Received EEOC Phoenix District Office." signature at the bottom left?
A.

Is that your

Yes.
Did you visit with the EEOC on or about August

Q.

the 8th of 2003?
A.

Yes.

Q.
A.

Did you go with anyone?
Yes.
Who?

Q.

A. Q.
A.
Q.

Bobbie Golden. So the two of you went --

Yes.
-- together?

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A.

Yes.

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Q. A.

When did you get it? When did I get my first vest? When I -- before

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I graduated from the police academy.
5

Q.

And how did -- from whom did you get it?

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A. Q.

John's Uniform. Did you have to go down there and get fitted for

your uniform?

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A. Yes.
Q. And a ballistic vest was part of that?

A. Yes.
Q.
A. Q.
A.

Who measured you?
Some gentleman there. Okay.
Yes.

I don't know who it was.

So a man measured you?

Q. A.
Q. A. Q.

What did he measure?

How did he measure you?

I don't have -- I don't remember.
Well, did he measure your waist? I believe so, yes. Did he measure your bust?

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A. Yes.
Q. A. How did he do that? I don't recall how he did it. I ' v e been

measured since then, but I don't remember that particular -- those particulars.

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the -2

A.

No.

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Q.
A.
Q.

-- front or the back -No.
- - i s that right?

A.
Q.

Correct.
Very elastic, so to speak, and stretchy?

A.

Yes.
Okay. All right. So explain for me, if you

Q.

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can, exactly how it came to be that Sergeant Corcoran was measuring you for a ballistic vest. A. I had came on -- come on shift; and when I

walked in, Sergeant Corcoran was standing around and Bobbie, and Bobbie -- they said something to the fact that "You need to be measured for a vest." And Bobbie goes, "Oh," jokingly, "I don't want to do it" and jokingly, so -- but she's like "You need to be measured." So I'm like "Okay."
So she left, and then that's when Sergeant Corcoran said to come into his office, that he was going to measure me. Q. Okay. First of all, where did this conversation

take place? A. In the briefing room, which is right outside

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Q. So, okay, let me make sure I understand. Bobbie

Golden told you, "I was supposed to measure you, but I don't want to do it"?
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A. Q. A. Q. A.

Correct. And she was laughing when she said it? Right. And what did she do, walk away? Yeah, she walked out of the office -- the

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briefing room. Q. A. Okay. And then what happened?

Sergeant Corcoran said, "I need to measure

you."
So I said, "Okay." Q. A. Q. Okay. And so what happened then?

He took me into his office and shut the door. All right. Now, when he said he needed to

measure you, you responded, "Okay"?

A.
Q.
me"?
A.

Yes.
Did you say, "No, I don't want you to measure

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No.

Q. A.

Why not? A, he's the supervisor and, B, I'm intimidated

by him, and he's the training supervisor, so I was going by what he asked me to do.

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(Recessed from 11:12 a.m. until 11:19 a.m.) (Following the recess the deposition continued as follows:) THE VIDEOGRAPHER: We're back on the record. Q. The time is approximately 11:19 a.m. BY MS. STATON: All right. Ma'am, before we

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went on a break, I was asking you about Exhibit 5. The events that you complained of you indicate occurred on August 21, 2002, at least according to this memo; is that correct?
A.

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Yes.
And the date of the memo is September 9, 2002? Correct. Now, is this the first piece of information that

Q. A. Q.

you gave to a supervisor regarding what occurred at the street survival seminar? A. Q. As far as in writing, yes. Okay. Orally had you given someone information

before September 9, 2002?
A.

Yes.
Who? Sergeant Neus, Corporal Reed, and Traci Carmen. Okay. Sergeant Neus, you told him because he

Q. A. Q.

was your direct report, right? A. He was a supervisor sitting right next to me

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Page 82 when it happened, so I went -- I told him immediately after it happened.
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Q. A.
Q.
A.

What do you mean, he was sitting next to you? He was at the seminar with me.
Did he see it?
NO.

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7

Q.

All right.

So he was sitting next to you, but

he didn't see any movement made by Sergeant Corcoran with respect to your shorts; is that right?
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A.

No, I don't know if he was -- he was sitting

next to me that day, so as soon as that happened, he came, and I don't know where it was right when it was happening,
but --

Q. A. Q. A. Q. A.

Okay. -- when I turned, he was sitting there. All right. And you spoke to Corporal -Reed. Why did you speak to Corporal Reed? Because Corporal Reed was sitting on the other

side between Wayne Corcoran and I, and I asked if he saw it and he said yes, and I told him I was really upset about it. Q. Okay. Well, let me back up. Were you sitting

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next to Wayne Corcoran? A. I was standing up, and I -- physically where we

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Q.
A. Q. standing?

Was Sergeant Neus standing?
I don't know. But you just know you and Sergeant Corcoran were

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A.
Q.

Correct, I had just walked in.
All right. Tell me, then -- strike that.

These are the shorts that you were wearing?

A. Q.

Correct. Would you hold those up, please, for the

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camera. Well, hold them up as you would put them on. Thank you. A. Do you want me to stand up and show you how I

put them on? Because I don't wear them on my waist, I wear them on my hips. Q. A. Sure. Is that what you're -- okay, I just wanted to -I don't wear

I wear them on my -- way away from my hips. any shorts on my waist. Q. A.
Q. A.

Okay.

So you wear them under, on your hips?

Correct.
Why do you do that? Because I don't like wearing shorts on my waist,

and they're more comfortable on my hips. Q. A. All right. So I buy them baggy. I don't like wearing

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tight-fitting shorts. Q. A. Q. Okay. Do you still wear those shorts?

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On occasion. All right. Could you hold them up higher so we

can get a better look at them. Okay. All right. Thank you. MS. STATON: Counsel, you'll preserve those for us, won't you?
MS. BAGDON: MS. STATON: Yes. All right.

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Q.

Now, why don't you tell me what you recall

happening. A. I had walked in, and Sergeant Corcoran was

standing there, and he said, "Oh" -Q. A. Slow down, please. Okay. I had walked in, and I was standing

getting ready to sit down. And I was standing up, and Sergeant Corcoran goes, "Oh" -- something to the effect of "Oh, is it casual wear today?" Q. A.
Q.

Is it what? Casual wear.
Okay.

A.

And when he was standing on this side of me, he

took his finger and cuffed it into my cuff of my shorts and pulled them up my thigh.

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Q. A.

Okay.

Show me the cuff.

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Well, it's a natural cuff is what I'm saying.

It just happens to be like that, but he was like right where this part is on my side of my shorts. Q. A. Okay. So he took his finger, rolled it in, and pulled

it up my thigh. Q. please. A. Q. M'hum. Would you put the shorts, as you said, how And then show me, if you All right. If you'd put -- keep standing,

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you -- how you wear them. could -A.

You want me to put them on?

Is that what you're

asking me? Q. A. No, I haven't asked you to. Okay. Well, I was -- I was trying to clarify

what you -- what you -Q. Okay. I want you to show me how he put his

finger in and -A. He took his -MS. STATON: Okay. Can you get that? Not the bottom of the

THE VIDEOGRAPHER: shorts, I -Q. Okay.

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to put my shorts on. Q. A. Will you put them on? I'll put them on over my pants, but I'm not

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going to take -- I don't want to take off the rest of my -- I'll put them on over my pants that I have on right now. You can still get the same visualization. Q. A. Will they fit? Yeah, over my hips they will.
MS. STATON: Do you want her to do that? MS. HUDSON: Yes.

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MS. STATON:

I don't -- okay, let's see. I

don't think they will, but we'll see if they fit. Q. Okay. Could you -- okay, I'm sorry, go ahead. Let me just make sure I understand. how you wear your shorts, like that on your hips? A. These are how I wear these shorts, yes, because That's

they have a drawstring, and I tighten them and I wear them on my hips. Q. All right. Now -- yeah, could I see, how have Are they --

you got them in the back? A. Q.

Same way. They're below my hips. Okay, all right. Now, it was your left leg or

your right leg? A. Q. My left. All right. Now, could you turn to the side,

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his -- Sergeant Corcoran"s hand away. And then he had turned around and walked away. And I looked at Corporal Reed, and I don't know if he was looking at me or not, but I said, "Hey, Corporal Reed, did you see that?" And he said, "Yes." Q. Okay. And let me make sure I understand. Have

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20

you -- you've not -- you do not recall whether you spoke to Corporal Reed since that day about the incident? A. Q. I don't think I did. I don't recall, though. Have you ever met with Corporal Reed, you and

your attorney together?
A.

No.

Q.

Have you, Captain Swart, and Corporal Reed met

together about this? A. Q. A. Q.
A.

Not together, no. Okay. Did you have underwear on?

Of course. Okay. And he was standing?

Yes.
Was your underwear exposed? I don't know. Was this -- were you on duty? Or do you know?

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Q. A. Q.
A.

Yes.
How was Officer Woody-Carmen dressed?

Q.

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anything to Sergeant Corcoran at the time? A. Other than pushing his hand -- slapping it, like

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going like this to his hand and pushing it away, no. Q. Did he say anything to you, other than, "Oh, so

it's casual wear today"?
A.

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No.

Q.

At any point after that did you speak to him

about it? A. Q.
it?

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Never saw him again the rest of the day. Well, at any point did you speak to him about

A.

No.

I was completely embarrassed and mortified

that it even happened. Q. A. Q. Is the answer no, you didn't speak to him? Correct, no. All right. Now, those are the only two

incidents that you are alleging that Wayne Corcoran -strike that. The measuring of the ballistic vest and tugging on your shorts, those are the two incidents that you're claiming Wayne Corcoran engaged in that you found to be inappropriate? A. The vest and pulling up my shorts, yes, are the

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only two. Q. Okay. And that's it?

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Correct. And you're not claiming that he said or did

Q.

anything else to you during your tenure at Capitol Police other than those two? A. Q.
A.

Correct. All right.
No.

Have you seen a counselor?

Q.

Okay.

Tell me what damages you have - - o r

injuries that you have sustained as a result of those two incidents as it relates to Wayne Corcoran. A. As it relates to Wayne, it's just that I was

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mortified and upset and embarrassed that I even had to have been subjected to anything like that. The stress from everything, beginning from when this all occurred to then people having it put in writing, to instances that have been since then is -- the stress is related to me being sick medically, but other than that, Wayne didn't hurt me. Q. A. Q. Okay. Physically. Let me -- let me ask you about that. As a

result of being measured for the ballistic vest, what injuries, if any, are you claiming occurred? A. Other than being completely embarrassed and

mortified, I'm -- I'm not saying that he did anything -- I

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Q. A.

It's possible? I'm not going to say that 'cause I don't know if I don't -- I don't know when it

2

3 4 5 6 7 8 9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

it's possible or not.

was.
Q. Do you know for certain that you even talked to

him about it? A. Yes, I know for certain. I just don't know

exactly when. Q. Okay. Do you remember anything that you told

Captain Swart? A. Other than I had been behind closed doors and I

had to take my shirt and my vest off and I had to be sized. Q. Did you tell Captain Swart that you wished to

make a complaint?
A.

No.

Q.

Did you tell him that you wanted an

investigation?
A.

No.

Q.

Did you tell him that you considered what had

happened to you to be sexual harassment?
A.
Q. A. Q.

No.
Did you expect him to do something about I didn't have any expectations. Did you want him to do something about it? it?

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2

A.

I didn't have any expectations.

I don't know

what I wanted at the time. happened. Q.

I was upset, I was -- that it

3 4 5 6 7 8 9
10 11 12 13 14 15 16 17 18 19 20 21
22

I was embarrassed.

You were so embarrassed that you told three

different people about it? A. They were supervisors; I thought they had a They didn't see me. I

right to know what had happened.

was embarrassed that Sergeant Corcoran had seen me in a tight white shirt with my vest with my sports bra showing through. That's embarrassing and that's intimidating, and

I was mortified that it happened. Q. Well, I guess I don't understand because you've

said that you didn't tell him you wanted to make a complaint; you didn't tell Captain Swart that you wanted an investigation; you didn't tell anybody that you thought it was sexual harassment; and you didn't expect -- you didn't have any expectations that anybody would do anything. A. I'm wondering why you told these individuals? Because they were supervisors and I wanted to I didn't know
i I didn't know what to -- to even ask for
I wouldn't have known to do that.

see what they had to say. I didn't know.
what to do.

investigation.

23 24 25

Q.

Well, I think Ms. Staton showed you the Capitol

Police Department sexual harassment policy earlier, right? A. Correct. And I've stated I didn't recall seeing

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T-shirt, had short sleeves, came down. more you want me to say. Q. Okay.

I don't know what

2 3 4 5 6 7 8 9

It's like a T-shirt.

And I assume you were wearing a bra under

your T-shirt?
A.

Yes.

Q.
A.

Did the T-shirt say anything?
No.

Q. A. though. Q. A.

And you said it was short sleeves? It was short sleeves. I had a jacket over it,

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

What kind of a jacket were you wearing? There's a jacket that matches the shorts I had

on that zips up, has a hood. Q. So I would describe those shorts as sort of like

a sweatpant short. A. Q. Correct. And so the jacket that you were wearing was a

sweatpant jacket? A. Same exact material, same color, exactly. It

just - - i t zips up and it has a hood. Q. jacket? A. elastic. Q. All right.
Document 88-9

And it has elastic around the waist?

The

No, it's just a -- I don't think it has

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A. Q.

I've never really paid attention to it. Okay. How far -- was your T-shirt tucked into

2

your shorts?
4 5

A.

No.

Q.

Did the T-shirt go all the way down to the

waistband of your shorts?
A.

Yes.
And the jacket, were you wearing it opened or

Q. closed?
10 1 1 12 13 14 15 16 17 18 19
20

A. Q.

Open. You, I believe, have -- you said that you

reported what Mr. Corcoran had done at the survival training to Brian Neus the same day?
A.

Yes.
And you reported it to him at the seminar?

Q.
A.

Yes.
Did you report it to him before the speaker

Q.

began or during some break later? A. I believe I told him immediately. I don't know

if the speaker by that time had started or not. Q. And if it had been while the speaker was

21
22 23 24 25

talking, it would have been something that you had just whispered to him at the table? A. I tapped him on his arm. I remember 'cause I

tapped him on his arm, I said, "Did you see that?"

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And he said no, and I explained to him what had happened. Q. Okay. And it's possible that at that time the

2 3 4 5 6 7 8 9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

speaker might also have been starting the presentation? A. Q. They could have started, I really don't know. Okay. Did you say anything else to Brian Neus

other than describing what he had done? A. Q. A. Q. Told him I was upset about it. Do you remember specifically what you said? I told him I couldn't believe that he did that. Did you say any other words to him that would

have conveyed that you were upset? A. I told him exactly that, that I was very upset

about it, that I was uncomfortable and I was embarrassed. Q. You said, "I'm upset, I'm uncomfortable, I'm

embarrassed"? A. Well, 'cause I had talked to him on numerous I didn't let the subject

occasions that day about it. drop.

I probably brought it up multiple times throughout

the whole day because I was really upset about it. Q. Did you tell Brian Neus that you wanted to file

any kind of a complaint? A. I did not say anything to him at the time. I

didn't know I had to, so I didn't say anything. Q. Did you consider that you were making a

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