Free Statement - District Court of Arizona - Arizona

EXHIBIT

4 (Part 1 - to p.99)

Case 2:04-cv-00320-PGR

Document 88-4

Filed 08/05/2005

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UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

Bobbie M. Golden and Daniel Golden, husband and wife; and helley 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 14, 2004 9:00 a.m.

VIDEOTAPE DEPOSITION OF BOBBIE M. GOLDEN

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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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Q.

W-A-L-P?

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A.
Q.
A.

Yes.
And after Mr. Walp was -Was Andy Staubitz.

Q. A. Q. room?

Take me up to the present, if you could. And our current chief is Wendell Grasee. Mr. Staubitz and Mr. Grasee are here in the

A.
Q.

Yes.
Now, has the size of Capitol Police changed

between 1996 and the present, that is, the number of officers? A. I don't know. We have -- even if we have the

positions, I don't know that they're filled. We have a high turnover actually, so I can't answer that. Q. Okay. I'm not talking about the positions that

are slotted by whoever slots these positions, but I'm talking about do you typically -- has there typically been an average of, let's say, between, you know, 70 and 80 officers, or does it fluctuate, or whatever the number is? A. Q. that. As an officer over time, have you reported to different individuals within the Capitol Police? Yeah. I don't even know, to be honest.

All right. All right. When you first -- strike

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period of time where I was working 7 to 5, but it was 10 hours, either 6 to 4 or 7 to 5.

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Q.
A. Q.

Okay. Do you work weekends?
Currently, yes. Would your days change, days on and off change

from time to time? A. Q. I was working -- occasionally they would change. It wouldn't be like a rotation, like every month

it would change?
A.

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No, no.

Q.

Did you have any specialty assignments when you

worked for Brian Neus, other than being a patrol officer?

A. Q.

During the time -- yes, there was. Okay. What kind of specialty assignments are

available to a capitol police officer? A. During that time there was - - w e had -- Capitol

Police had an opening over at the State Gang Task Force.
Q. A. Q. Okay. And did you fill that opening?

After a process, yes, I did. How long -- and this was while you were

reporting to Brian Neus? A. I believe he was my sergeant at the time, yes.

Q.

Okay.

How long were you assigned to the State

Gang Task Force? A. I was there for approximately a year.

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Q.

Do you have an idea as to what year we're

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talking about? A. I believe it was 1999, because when I came back

to Capitol, I was already -- I was pregnant with Gracie, my first child, so that would have been 1999. Q. All right. While you were assigned to the State

Gang Task Force, did you report to the Capitol Police, or did you report someplace else? A. Q. I reported to the Department of Public Safety. Who did you report to when you were at the State

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Gang Task Force? A. Q. know? A. No. I can tell you how many approximately were Andy Vasquez, who's now a lieutenant. How many officers were in the task force; do you

in the squad that I worked in, but I don't know -Q. A. Q. Tell me that. How many were in the squad? I believe we had five, five to six. Do you know who was -- strike that. Do you recall who was in the squad?

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A.
Q. A.

Yes.
Okay. Tell me who they were. Ray Pacheco, who was there for a He wasn't there the

Ray Del Rio.

period of time but had since left. whole year.

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Q. A.

Okay. Tony Mapp. I think we had a couple temporary

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people that were within the squad that were from the uniform squad that would help fill in.
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Q. A. Q.

Is Tony male or female? Tony's male. Okay. All right. So that was a specialty

assignment that you had in approximately 1999?

A.
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Yes.
All right. After you returned, after giving

Q.

birth to your first child, you come back part time, right?

A.

Yes.

Q.

Do you have any specialty assignments from that

point to the present?
A.
Q.

No.
So your duties from the time you returned after

giving birth to your first child to the present has been as a capitol police officer doing -- performing the kinds of duties that are listed in Exhibit 1?

A.
Q.

Yes.
Okay. Now, when you worked for -- and let me

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ask you, in 2002, who was your sergeant? A. Q. In 2002 my sergeant was Brian Neus. And in 2002 were you on the day shift or the

night shift, or the swing shift rather?

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A. Q.

Day shift. So that's that 7 to 3 p.m. shift in 2002?

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A. Q. A.

No.

I was working part time at that time.

Oh, okay. Since the birth of my first child and came back

I worked -Q. Oh, okay. So that was -- so it was day shift

starting at either 6 or 7? A. Q. 6 or 7, yeah. Gotcha, okay. Now, how many -- in 2002 how many

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officers reported to Sergeant Neus; do you know? A. Q. I don't know. Is it broken down into squads? I mean, how is

it broken down at the Capitol Police? A. There are so many officers -- yeah, there's

shifts of where there's a sergeant that oversees a certain amount of officers. Q. Okay. When you -- in 2002, when you're working You

the two 10-hour shifts, who else did you work with? reported to Sergeant Neus. A.

Who were your colleagues?

It would depend when in 2002 because I was

pregnant, so I was on patrol the first three months of my pregnancy, and after that I was on light duty. Q. child? Okay. When did you give birth to your second

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A.
Q.

September 24th, '02.
9-24-02, okay.

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A.
Q.

Yes.
So that's the birth of Jordan, right?

A.
Q.

Yes.
All right. So -- oh, well, that makes it easy,

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then. Nine months, okay. So the first three months -- we're talking about basically January, February, March, something like that, or February March April, in that area -- that's when you're pregnant and you're still patrolling? A. Q. A. Was it? Okay. Well -I'm just backing nine months up. Yeah. It's actually -- nine months, it's really

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ten, but -Q. A. Q. Okay. -- for pregnancy. Okay. Around there, yes.

The first, anywhere like February, March,

April, somewhere around there? A.
Q.

Somewhere around there, yes, I was on patrol.
Okay. And then you were on light duty between

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that time and when?

A.

And probably, I would say, the end of August to

sometime in September. I -- I had gone on leave prior to the birth of Jordan because I was having problems with my

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pregnancy. Q. Okay. That's what I'm trying to -- I'm trying So right now

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to get where you were at various points. I've got you on patrol, for example -A. Q. Okay.

-- February, March, and April. And now you go

to light duty? A. Q. A. Q. A. Q. Yes, now I'm on light duty. And that's between April and what? Probably -August? Probably first weekend in September. Okay. And when you say -- now, you're working

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two days a week -A.

Yes.
-- 10-hour days, but it's light duty this time,

Q. right? A. Q. A. Q.
A.

It's administrative duties, yes. So what -Nonuniform. -- does that mean?
That means in regular clothes, no uniform,

performing administrative tasks.

Q.

Give me some examples of what administrative

tasks you would be performing between April and September
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when you're on light duty. A. I think at that time we were hiring, so we were

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doing interviews and backgrounds. Q. Okay. When you say "we," do you mean you were

doing interviews and backgrounds? A. Q. Yes. And other people, but yes. Other than doing interviews and backgrounds for

hiring purposes, did you have other administrative tasks? A. We were also working on inventorying the

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evidence room, so I was doing that as well. Q. And during this light-duty period, you were

still reporting to Sergeant Neus? A. Q. I believe so, yes. And then the first week of September,

thereabouts, until you gave birth to your daughter, you were off; is that right?
A.

Yes.
When did you return to the Capitol Police? I believe it was July of '03.
So you were off work quite a bit of time?
Yes, I was.

Q. A.
Q.
A.

Q. A. Q.

So you returned on July 2003? Yes, approximately. Okay. But yes.

And is it at that point that you then

report to Hollis Corey?
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A.

Yes. Whoever the sergeant was when he had

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started on, 'cause he was on day shift. Q. shift? A. Q.
A.

Okay.

So there's only one sergeant on day

Now - - o r then, yes. Then?

Yes.
Then. So either it was - - h e reported either to

Q.

Sergeant Christley or to Sergeant Neus?

A.
Q.

I believe so.
All right. At some point when you were on the

swing shift of 3 p.m. to 11 p.m., did he also move over to the swing shift as well?
A.

No.

Q.

Okay.

I need to understand a little bit more You've got the -- and let's take

about the structure.

2002, the time when you're pregnant, so that you can focus more easily on that -A. Q. Okay. - - o n that year, okay? At that time you're on

two 10-hour days, and you're working days; is that right?
A.
Q.

Yes.
You don't work swing shift --

A.
Q.

No.
-- is that right? I ' m correct?

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together? A. Q. A. Q. I have no idea. Are we talking about more than 20, less than 20? I have no idea. Okay. So you would patrol together. Is there

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any other police activity that you and Wayne Corcoran would be involved in between the time he showed up and, let's say, January of 2002? A. Q. know. A. Q. We would attend briefings together. All right. What else would -- besides Do you -- seminars together or -What do you mean by "police activity"? Well, you know, you patrol in a vehicle, you

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·

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briefings? A. Q. A. occurred.

We would --- training sessions? Yes, I'm sure that there was training that He may have even been our training coordinator

by then, I'm not sure. Q. At some point he did become a training

coordinator?
A.

Yes.
Okay. Now, let me ask this: Let's kind of

Q.

focus, then, on between the time he shows up and is employed by the Capitol Police and January of 2002 when

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you and he patrolled together.

Was -- did anything occur

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that you thought was inappropriate in terms of his conduct toward you? A. Q. A. Up until 2002? Right. Not that I can remember, no.

Q.

Did -- the same period of time, between the time

he's employed as a Capitol Police officer and January of 2002 when you're pregnant with your second child, did you observe him do anything to any other female that you thought was inappropriate? A. Q. Not that I can remember. Did anyone -- anyone, male or female -- ever

tell you that they had observed Wayne Corcoran do something inappropriate, again, between the time he's employed and January of 2002? A. Q. Inappropriate as in how? Well, that he said or did something to

another -- to a female that was somehow reported to you, even though you didn't see or hear it?
A.

No.

Q.

Okay. All right. Now let's take the same -From the time he

same time period now. We're not moving. was employed until January of 2002. A. Okay.

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Q.

- - i s there any other time where you believe

Mr. Corcoran, in the year 2002, said or did anything to you that you thought was inappropriate?

A.
Q.

No.
Okay. All right. Now, during that seem period

of time, calendar year of 2002, did you ever observe Mr. Corcoran say or do anything to any other female that you thought was inappropriate?

A.
Q.

No.
And during that same period of time, calendar

year of 2002, did anyone report to you that Mr. Corcoran said or did something to a female that was inappropriate?

A. Yes.
Q. A. Q. A. Q. Okay. Who, first of all, reported it to you?

Shelley Hebets. Approximately when was that? The same time, summer of '02. And did she say where it took place?

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

What?
In the briefing room -- or in Wayne's office. Does that also have to do with the vest?
Yes.

Q. incident?

Okay.

So that's the Shelley Hebets vest

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Q.

About you measuring Shelley?

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A.

Yes.

Q.
A. Q. A.

Okay.

Conversation between whom?

Shelley and I, I believe. Okay. And there were other people in the room.

Q.

Okay.

So tell me everything that you recall

about your conversation with Ms. Hebets regarding you measuring her. A. There was a conversation that had taken place

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with Shelley and I, and then Wayne had stated that he was going to measure her. Q. Okay. Do you recall anything that you said to

·

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Ms. Hebets or she said to you about the measuring? A. Yeah, something that I -- I didn't want to

measure Shelley at the time. Q. You did not?

A.
Q. A.

Yes.
Why not? I don't remember actually why, and that -- I

don't remember.

Q.

Did Ms. Hebets ask you if you would measure her?

A.
Q.

No.
How did it come up that you and Ms. Hebets are

talking about you measuring her for the ballistic vest?

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Q.

Was there -- was it on the same day, or were

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they separated by a period of time? A. of time. Q. Did someone suggest that you notify I believe they were separated by a short period

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Captain Swart?
A.

No.

Q.

All right.

Okay. We'll come back to that. I want to ask you, then, about

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All right.

the one incident that you have complained of as it relates to Wayne Corcoran, and that's the summer incident of 2002, which we've both agreed we'll call it the vest incident. A. Q. Okay. First of all, had you ever worn a ballistic vest

before the summer of 2002?
A.

Yes.
Is that part of your standard uniform?

Q.
A.

Yes.
As a police officer, some officers always wear a

Q.

vest, some never wear them, and some wear them sometimes they do and sometimes they don't. Where do you fit in that continuum? A. Q. A. I always wear my vest. All right. Which shirt? Is it underneath your shirt?

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Q.

Well, okay. You wear a bra, right?

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A.
Q.

No.
No? Okay. You don't wear a bra; you wear,

what, a T-shirt?

A.
Q.

Yes.
And then you put the vest on?

A.
Q.
A. Q.

Yes.
And then you put your uniform shirt over that?
T-shirt, vest, yes. Okay. Why don't you wear a bra?

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A. Q.

It's another layer of clothing that gets hot. Do you dress out at home? Do you come to the --

to patrol fully dressed?

A.
Q.

Yes.
Okay. So it's not like there's a place to

change down at the Capitol Police?

A.
Q.

No.
Okay. All right. Up till the summer of 2002,

how many vests have you been assigned? A. Q. I think I've had three. Okay. Do you know why it's changed or why

you've had three different vests up to 2000 -- summer of 2002? A. Q. Well, they expire. Okay.

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vests. Q. No, I'm not talking about that. I'm talking

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about the specific event. As you sit here today, do you -- can you picture in your mind the measurement that was made, I mean, how he measured you?
A.

Yes.
Okay. Back it up, okay? I want to take it

Q.

before he actually measured you. How did it come to be that you were being measured? you? Did he say something to

Did somebody say something to him? Did you say

something to him? A. vest." Q.
A.

He said, "I'm going to measure you for your

Okay.

So that's the first thing that was said?

Yes.
He said something to you?

Q.
A.

Yes.
All right. Where were you? In the briefing room. How big is this briefing room? You can use this

Q. A. Q.

conference room.

I don't know, this is like 35 feet or

something or maybe -- I don't know, something like that. 12 feet wide. A. It's a little bit shorter this way, but then

there's offices --

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Q.

Okay.

A.

-- that are also connected within that same

room that have separate doors.
Q. Okay. So is it like a central area that office

doors open up to?

A.

You walk through a secure door.

There's an

office here, and then there's an office here and here.
Q. Okay. Which is going to do us absolutely no

good on the record, so let me do the following -- well, maybe somebody's got easier paper than I do. MS. HUDSON: Q. a favor. BY MS. STATON: Here. Here we go. Here we go. Do me

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Can you take a pen and draw the briefing room,

the secure doors that you just mentioned, the briefing room, and then the offices that you have -- that you said opened up to it, I believe. A. Here's the secure door that you walk through.

There's an office to your right, and then there's an adjoining door and then there's another office. And then to the left is another office that I believe has a secure door and another work area, and then everything in between is considered the briefing room with the conference room table in the middle. Q. Okay. Let me -- okay. Just so we're clear,

this is --

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A.

Secure door.

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Q.

-- the secure door?

A.
Q.

Yes.
Okay. Here's what I'm going to do. I'm going

to do a little bit darker so that when this is photocopied, we can all see it, okay? label this "Secure Door," all right? A. Q. Okay. "Secured Door." All right. And then these two And I'm going to

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sort of squares -A. Q. A. Q. A. Q. A. Q. Are offices. Okay. And I'm just going to make them darker.

And then there's a door to each that you can -Okay. --walk through. Like here and here? Okay. Okay. So that would be like a door?

A.
Q. A.

Yes.
And I'll -- "Door." And then that middle line is an adjoining door

to each office. Q. Oh, so you can go from office to office, in

other words? A. Unless it's locked, but yes.

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Q. A.
Q.

Okay. Okay.

So this -- I'll say "Door."

Is that fair?

A. Yes.

Q.

Okay.

I just want to make sure. Now, there's this square over here.

A. Yes.
Q. What is that now?

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A. Q.
A.

Another office. Okay. And there's
Another door.

Q. A.

- - a door, I take it? Okay.

I'll put "Door."

And I believe there's a separate area through

here, and I don't know if it's used for storage or what, but you can gain entry to it from that office.
Q. agaxn ·? Okay. So meaning there's an adjoining door

A.

Yes.

Q.

Okay.

And then this space in the middle, that's

the briefing room?
A. Is considered the briefing room.

Q.

So if I just write "Briefing Room," we'll know

what that means?
A.

Yes.
Okay. And there's a big, what, conference table

Q.

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in there? A. Q. There's a table. Okay. All right. Okay. Well, we'll call that

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our next exhibit, which is 3, I believe. (Exhibit 3 marked for identification.) Q. Okay. All right. So you and Wayne Corcoran are

in the briefing room; is that right?
A.

Yes.
Anyone else present? When? At the time he walks up to you and says

Q. A. Q.

something about measuring you for your vest. A. room. Q. Okay. Do you recall anybody who was in and out There were people that were in and out of the

of the room?
A.

No.

Q.

All right. Do you recall anybody that was in

and out of the room at the time -- during the entire time between him saying "I need to measure you for your vest" and the time he completed the measurement?
A.

No.

Q. know who?
A.

You recall people being there, but you don't

Yes.

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Q. that.

All right.

Do you recall anybody -- strike

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Okay. After he says, "I need to measure you for your vest," what's the next thing that happens?
A. I say, "Why? The measurements aren't going to

be accurate." Q. A. And why did you say that? Because I was very pregnant.

Q.

Because this was in the summer?

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A. Yes.

Q.
A.

You were, what, about five, six -Six.

Q. A.
Q.

-- months pregnant? Somewhere around there.
Were you on light duty at that point?

A. Yes.

Q. A.
Q.
A.

What was his response? "It'll be fine."
Did you say anything in response to that?
No.

Q. A. Q.

Okay.

What's the very next thing that happened?

He begins to do the measurements. Now, you're in civilian clothes, right?

A.
Q.

Yes.
Because you're in civilian clothes, you're not
Document 88-4

Case 2:04-cv-00320-PGR

LEA, SHERMAN & HABESKI

PHOENIX, ARIZONA (602)257-8514
Filed 08/05/2005 Page 23 of 26

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Page 93
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measurements.

There are measurements from, for example,

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the back of your neck to your waist. A. Q. Okay. There's measurements around the waist. There's

a measurement from -- you know, I mean, there's just all kinds of measurements.
A. Okay.

Q. A.

Do you remember what they were? I remember some of them. I don't know if I

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remember all of them. Q. A. Tell me what you remember. I remember my waist being measured. I

remember -Q. A.

Did you do it, or did he do it?
He did it.

Q.
A.

Okay.

Well, you're pregnant.

Yes.
Is it like under the belly, or is it like over

Q.

the belly? A. be. No. It was around like where my waist would

So I guess it would have been over my stomach. Q. Okay. Okay. So he measures the waist. Then

what? A. Q. He measures my chest. Tell me how he did that.

LEA, SHERMAN & Document ( 0 )24 - 26 62 5 81 Case 2:04-cv-00320-PGR HABESKI 88-4 PHOENIX, ARIZONA Page 2 7of5 4 Filed 08/05/2005

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Page 94 A. I was standing up and he was standing behind me

and a little bit to the side.
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Q. A.

Okay. And started with the measuring tape on this end

and then wrapped it around my back and then back across and then held it and then wrote the measurement down from there.

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Q.

Okay.

And so he's -- so is he basically

measuring around your breasts; is that what you're telling

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me?
A.
Q.

Yes.
And the tape measure started from like the

armpit and then came around to the armpit?

A.
Q.

Yes.
Okay. And then he wrote it down?

A.
Q. A.

Yes.
And then what? And then he did a measurement, I believe, from

the top of my neck or my back -Q. A. M'hum. -- down to my waist, but at that time he had

taken off his duty belt and had placed it around my waist. Q. Did he tell you why?

A.

No.

Q.

Did he tell you it was to find out exactly where

LEA, SHERMAN & Document Case 2:04-cv-00320-PGR HABESKI 88-4 PHOENIX, ARIZONA Page 25 of 26 Filed 08/05/2005 (602)257-8514

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Q.

And was it that day?

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A. Q.

I don't remember if it was that day or the next Where did you meet with Captain Swart? Where

did you see him, in other words, to talk to him about this?
A. place. I don't remember where that conversation took

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Q.

Did you talk to anybody about the situation

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before seeing Captain Swart?
A. Q. I talked to my husband. Okay. And -- all right. Did you talk to

anybody else other than your husband?

A. Q.

Prior to talking to Captain Swart? Correct.
MS. BAGDON: Excuse me, move your

microphone up.
THE WITNESS: Q. BY MS. STATON: Oh. Sorry. Did you talk to anyone

Okay.

else other than your husband before speaking to Captain Swart? A. Q. Not that I remember. And did you just tell me you don't remember

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where you met with him?

A.

Yes.

Q.

Okay

Tell me everything you recall telling

LEA, SHERMAN & Document (602)257-8514 Case 2:04-cv-00320-PGR HABESKI 88-4 PHOENIX, ARIZONAPage 26 of 26 Filed 08/05/2005