Free Statement - District Court of Arizona - Arizona

EXHIBIT 10

(Part 2 -P. 175 toend)

Case 2:04-cv-00320-PGR

Document 88-10

Filed 08/05/2005

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complaint? A. happened. Q.
A.

I considered I was passing it on as soon as it Yeah, I did. Okay.

Yes, I did.
Did you consider that a formal complaint? I did. I -- I considered it because I was

Q. A.

telling the supervisor immediately, so I considered that a formal complaint in saying, "Did you see that? about it and I'm embarrassed." Q. Okay. As part of your duties as an officer for I'm upset

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the Capitol Police Department, you patrol the State -- you patrol the -- you patrol the areas within the Capitol Police Department's jurisdiction, correct? A. Q. Correct. And from time to time you respond to calls/ is

that right?
A.

Yes.
And from time to time you make arrests --

Q.
A.

Yes.
- - i s that right? And when you engage in any

Q.

official activities such as making arrests, you do a report, right?
A.

Yes.
And it'sa written report?

Q.

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A.

I don't know.

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Q.

Did you report what had happened to any other

supervisory employees other than Jim Warner and Brian Neus?
A. Q. I was talked to about it by Captain Swart. Okay. When, when was that in relation to your

conversation with Sergeant Warner?

A. Warner. Q.

It was after my conversation with Sergeant I don't know the exact date, but it was after. Was it before or after Brian Neus wrote the memo

to the chief? A. I believe it was around the same time, because

he had asked me if I had - - i f Corporal Reed had seen it, and I said yes. And then I remember that he went and talked to Corporal Reed, but that's all I know. Q. Did you consider that Mr. Swart was doing an

investigation? A. I didn't consider anything. I just thought they

were looking into it 'cause I was told from Sergeant Neus that I was to write a memo because that -- Chief Staubitz had asked him to write one. Q. Would you agree that part of conducting an

investigation of what had occurred that day would have been talking to you? A. That would have been part --

The only con- --

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Q. A.

-- of an investigation?

I'm just --

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No, I don't necessarily think that because I

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don't - - h e just was asking me if he had - - i f Corporal Reed had seen it. He didn't go into any more detail, so I didn't think that anything was being done at that time,

no.
Q. Okay. That's -- you're answering a different

question than I'm asking, so let -A. Q. Okay. Then I don't understand. Would you agree

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- - m e make sure that I'm clear.

with me that part of an investigation into what had occurred that day would be talking to you and finding out what happened, your version of what happened? A. I believe it would have been if he had told me

he was looking into investi- -- you know, to -- that he was doing an investigation. All he had asked me was did Corporal Reed see it, and that was the extent of it, and that he didn't go into any, so I didn't believe there was anything being done, other than Sergeant Neus asking me to write a memo. answering it.
Q. A. Q. Yeah. I'm just asking you a question about --

Does this -- maybe I'm not -- still not

I don't think so. -- what you think should have been part of an

investigation, not what Swart was intending to do when he

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talked to you. A. Okay. I -- I think it should have -- it -- I

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don't think that that was an investigation, no. Q. Okay. Again, that's not my question. My

question is:

If Capitol Police was going to investigate

your concerns, would one of the things that they do be to get your side of the story? A. Q. A. though. Q. And another part of that investigation would be Yes. And they would have said -Okay. -- that they were doing an investigation,

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finding out if there were any other witnesses to what had happened, right? A. Q. I'm assuming so, yes. And then going to those witnesses and finding

out from those witnesses if they had seen anything and what they had seen?

A.
Q. incident? A. Q. A. Q.

Yes.
Okay. Do you know how Mr. Swart learned of the

No, I don't. It wasn't because you had told him about it? I don't think I did tell him. Other than M r . S w a r t coming to you and asking

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you whether Brian Reed had seen it, did you have any other conversations with management about the incident?
A. Q. Other than with Eric Reed? Okay. No.

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A.

I'm sorry, that's not -- well, as far as Brian

Neus asking me to write the memo, that's -- I don't know if you can -- I mean, he was a sergeant, so -Q. Okay.

A.
Q. A. Q.

So -That would count. So yes, sorry. Okay. How long after your conversation with

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Captain Swart did Brian Neus ask you to write the memo? A. I don't know if my conversation with Captain I know it was around the same

Swart was after or before.

time, but I don't know if it was before the memo was written or after the memo was written. Q. And what did you understand the purpose of the

memo to be? A. I was told by Sergeant Neus that he was asked by

Captain Staubitz for me to write a memo and that he was in turn writing a memo of instances that were occurring and that he was going to turn it in. That's all he said. Q. And did he tell you what you were supposed to

put in the memo?

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A.

He told me to write what had happened that day

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at the street survival seminar, and he told me at the end to write that I didn't ask for any action to be taken at that time. Q.
A.

He told you to write that?
Yes.

Q. that? A.

Did he tell you why he was telling you to write

I think --no. He just said that because - - h e I just said okay.

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just asked me to write that. Q. A. Q. A.

You're smiling, sort of half smiling now. Well, I'm -Why? 'Cause I'm just don't -- I don't -- I don't I don't recall why he -- I was kind of

recall that.

floored by him asking me, and so I just said okay. Q.
A.

Was that a true statement?
Yes.

Q.

It was a true statement that you didn't request

any action to be taken? A. That I physically didn't ask him at the moment?

Yes, I said that earlier. Q.
A. Q.

Okay.
I didn't tell him. Did you have any problem adding that to your

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memo? A. I was uncomfortable a little bit in adding it But

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because I didn't know I had to put it in writing.

it's a true statement, so I didn't have a -- I didn't say -- see why I shouldn't put it in there. Q. Okay. Did you think that Brian Neus was trying

to get you to write that to cover up for the fact that he hadn't done anything in response to what you'd told him? A. I don't know. I -- like I said, I didn't go

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into anything further than what he had told me. Q. Is there anything else in this memo that is here

because somebody told you to put it here? A. Q. That was the only thing that was told. Is there anything in the memo -- and we're

talking about Exhibit 5, right? A. Q. Right. Is there anything in Exhibit 5 that's not true

or inaccurate?
A.

No.

Q.

By the time you wrote this memo, it appears that

you had looked at the policy and procedure manual for the' Department of Administration -A.

Yes.
- - i s that right? Where did you obtain that

Q. manual?

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Page 191 was filed on your behalf?
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A.

Review?

When?

Last night?

Q. A. Q. A. Q.

Before it was filed with the Court. I think I did. When's the last time you reviewed it? Probably when I received a copy of it. Okay. One of the allegations in the complaint

that your attorney's filed on your behalf is that when Captain Swart reported incidents of inappropriate sexual conduct by Corcoran to Chief Staubitz, Chief Staubitz responded, "What do you want me to do? He's been like this for years." Were you aware of that -A.

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Yes.
-- allegation?

Q.
A.

Yes.
Where did you hear that? I believe I heard it from Captain Swart. Do you remember when you heard it from Captain

Q. A. Q. Swart? A. Q.

I have no idea. Was that one of the things that you might have

discussed at his house? A. Q. I don't recall if that was or not. After Sergeant Corcoran was no longer an

employee of the Capitol Police Department, did you ever
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see him again at the Capitol Police Department?

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A.
Q. A. Q. A.

Yes.
How many occasions? At least two. When was the first time? I don't know the -- approximately - - i t was I

after he was let go or he resigned, I don't even know. think he was resigned. know the exact date. Q. A. Capitol. Maybe a month or more. I don't

I don't know exactly when it was.

Where did you see him? The first time? He was walking out of the I was going downstairs to -- I'm trying to I believe the first time I

recall exactly what happened.

saw him is that he was coming out of the executive offices for Capitol Police. Q. Okay. And was that behind the locked door that

goes into the Capitol Police offices? A. Q. area? A. Q. Yes, to our briefing room, yes. Okay. And did you see him coming out of a The executive offices are right before it. Okay. Was there a locked door to get into that

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locked area? A. offices.
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No.

I saw him coming out of the executive

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Q.
A.
Q.

Okay.
No.

Did you have any conversation with him?

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Did he do anything inappropriate?

A.

No.

Q.
A.

Did anybody tell you why he had been there?
No.

Q.

Do you know if he had been inside any locked

areas on that visit? A. I don't know. The only time I saw him was when

he was walking out and I was walking past. Q. A. When's the second time you saw him? When I was working the lobby desk as -- for

off-duty, and I saw him come upstairs from downstairs, and he come over to the desk to talk to me. Q. tower? A. Q. Sorry, yes, at 1700 West Washington. And that is -- that lobby area is open to the You were working the lobby in the Governor's

public, right?
A. Yes.

Q.

And he came -- and you were behind a desk; is

that right?
A. Yes.
Q. A. How big is the desk? About the size of this, but i t ' s round.

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Q.

I just want you to understand, today's the only

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day we get to take your deposition -A. No, right. I'm saying as long as -- in our

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conversation, if I recall, I will say immediately. Q. All right. Let's talk first about the -- what

you say is the false allegation about your statement regarding the steroids, we'll say. A. Q. Okay. And I think Exhibit 7 is a copy of the memo of

concern that you got. Do you have an understanding under the Arizona State personnel rules whether a memorandum of concern is a formal disciplinary action? A. I never knew anything about a memorandum of

concern until I was given one. Q. Okay. Since that time, have you gained any

understanding as to whether or not a memo of concern is a formal disciplinary action under the personnel rules? A. rules. Not if it's a formal complaint in the personnel I was told, when I asked for clarification from

Lieutenant Harkness when I signed it, I had -- and I had read some of the stuff on it, I had asked - - h e said it would not be in my file that people would see; it's in his personal file. Q. Okay. So it would not be in your personnel --

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A.

No, I did not.

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Q.

Did Jay Swart tell you that he had recorded any

other conversations with Capitol Police Department?
A.

No.

Q.

Did Bobbie Golden ever tell you if she had

tape-recorded any conversations with Capitol Police Department members?
A.

No.

Q.

Okay.

Going back to Exhibit 7, the memorandum

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of concern, the first incident deals with the comment; the second incident deals with your discussing an interview that I guess you did as part of an investigation that you were not to discuss with anyone; and the memo states that you contacted Brian Neus and discussed the investigation with him?
A.

Yes, I did.
Did that happen? Yes, it did. And I admitted to that, that it

Q. A.

did happen. Q. Do you agree with me that you -- that a memo of

concern would have been warranted based on that incident? A. No, because Traci Carmen also spoke about the

investigation, and she was never written up. Q. A. How do you know that? Because she told Bobbie Golden that she had

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never been written up and/or talked to about it. Q. Do you know that Traci Carmen talked to somebody

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about the investigation?

A.
Q. A. Q. that?
A.

Yes.
And how do you know that? 'Cause Brian Neus told me. So you know that because somebody else told you

Traci Carmen talked to Brian Neus about the

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investigation, so that's -- Brian Neus told me.

Q.

Okay.

Brian Neus told you that Traci talked to

him about the conversation? A. Q. Correct. So your knowledge that Traci Carmen violated

that rule is by hearsay, right? A. Q. Right. You were not present when Traci Carmen --

A.
Q.

No --- discussed that?

A.
Q.

-- I was not.
Okay. Do you have any information in Capitol

Police management knew that Traci Carmen had talked to Brian Neus about the investigation? A. Q. I only have hearsay. Okay. And how do you know that Traci Carmen

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Q.

So did you take his comment as friendly advice

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or as a threat? A. I took it as a threat, not friendly advice.

Because he went on to explain that somebody else had grieved something, and I believe it was Sergeant Setto, and that when he grieved something, it -- he ended up getting worse punishment, and it ended up going in his personal file, his -- the file that people see. So he said by me grieving it, it would become -- in writing, then there would be a trail of writing, and then it would be put into my personnel file, and that most likely if I grieved it, my punishment would be more worse than a memorandum of concern. Q. Did you ever talk to anybody else to get advice

as to whether or not you should file a grievance? A. Q. Other than my husband, no. And I take it you didn't file a grievance?

A.
Q.

No, I did not.
All right. You said one of the other things

that happened to you that you claim as retaliation was an investigation regarding a pursuit; is that right? A. Q. Correct. As a result of that investigation, did you

receive any disciplinary action?
A. As far as I know, i t ' s still not even -- i t ' s

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still open.

I haven't heard anything about the

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investigation, other than from John Vella, a conversation I had with John Vella. Q. action? A. Q. I have not received anything at the moment. You haven't lost any pay? Okay. So you have not received any disciplinary

A.
Q.

No.
You haven't had any of the conditions of your

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employment changed as a result of that employment -- as a result of that investigation?

A.
Q.

No.
You haven't missed out on any promotional

opportunities as a result of that investigation?

A.
Q.

No.
My understanding is that that was an incident

where you were in a patrol car and you were pursuing a stolen vehicle, and you temporarily went outside the Capitol Police jurisdiction and were -- am I okay so far? A. Other than it wasn't a stolen vehicle; it was a

hit-and-run with injuries. Q. A. Q. Okay. So I was following the suspect. And you followed the suspect outside the Capitol

Police jurisdiction; you were called to come - - t o return

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A.
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Yes.
And that's what you told the investigators?

Q.

A.
Q.

Yes.
Do you know for a fact that anyone made an

allegation that you had done something improper? A.
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I was told that -- I wasn't told it was I was -- that - - m y chain of command was

improper.

Sergeant Warner at the time, and Captain Staubitz -Swart -- I have to keep all the names straight -- had come out when I came back from the pursuit, and he had said -asked me what my actions were in front of -- why I did what I did. And I stated why I did it, and they said okay. In the meanwhile, why this conversation took place is when Charlie Miller went and recorded tapes and then ran into Chief Staubitz's office and told him Shelley just got in this, and then it became an issue from there.
Q. Okay. So is it your belief, then, that it was

Charlie Miller's actions that escalated this into a full-blown investigation?

A.

I believe it was Charlie Miller going into

Captain -- Chief Staubitz's office and then both of them deciding it should go to a full-blown investigation. LEA, SHERMAN & HABESKI
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Charlie Miller and Chief Staubitz made the

A.

I believe Chief Staubitz made the investigation,

but it -- Charlie Miller is the one who made him aware of what had happened. Q. Did Chief Staubitz ever tell you why they were

going to do an investigation? A. No. First time I heard about it that I was

being investigated was when I was called from DPS from Diana Stein. Q. Did he ever tell you that the purpose of the

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investigation was to determine whether you had -- was based on any sort of a suspicion that you had done anything improper? A. I wasn't told anything until I had received that

phone call from Diana Stein that I was -- had to come over for an internal investigation on a pursuit. Q. And no one has told you, as a result of that

investigation, that you did anything wrong, correct? A. Q A. Other than John Vella. What did John -- and who is John Vella? I don't know his exact title. He -- Betsy

Bayless had had he was an investigator, he's an investigator. I don't know like what his exact title is,

but Betsy Bayless had him talk to us, had him talk to me.

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Q.
A.

So he's not with the Capitol Police Department?
No, he' s not.

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Q. A.

What did he tell you about this investigation? He had told me -- after I had already had my

meeting and I spoke to him a few weeks later, he told me, "The only thing I can tell you, give you closure on is that from what I was told from DPS," 'cause he had interviewed Diana Stein, "is that you were found that you didn't do anything wrong." But I never received anything

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in writing and was never told by my department. Q. So John Vella told you that the result of the

investigation was that you had done nothing wrong? A. Q. Correct. Okay. So nothing bad has happened to you

employmentwise as a result of this investigation; is that right?
A.

Not as of yet, no.

Q.

Okay.

All right.

Let's talk about the Do you know if that

investigation about some arrest.

investigation arose as a result of an allegation by somebody that you did something wrong? A. I know that I -- what I was told is that it

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arose from -- that the other officer that was there earlier that day, which was Bob Grome, believed that my actions were -- I shouldn't have done what I had done.

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Q.

Okay.

2

A.

And he was talking to Lieutenant Harkness about

it. And Captain Swart had overheard him talking about it and said, "If you had a problem, you should go to your supervisor about it," which was Brian Neus at the time, for Bob Grotne.
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And then it was brought to Chief Staubitz's information, to his knowledge, and then it was told from Chief Staubitz down to Brian Neus and all the rest of us that we had to write memos on what had occurred. Q. And was that the wrong thing for Chief Staubitz

to do, to ask everybody who was involved in this incident to write memos? A. I don't believe -- I've never been asked from a

chief to write a memo on a patrol situation when their -Captain Swart was in charge of patrol and he didn't ask me to, and from the situation that had occurred, it was approved by a supervisor before I even made my call. So I think it's out of the ordinary that that would be -- that that would take place. Q. Okay. Would you agree with me, though, that if

the chief gets information that there's been an incident and that there are varying accounts on what happened or who did what or whether somebody did something inappropriate or not, that having everybody involved write

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a report about what happened might be one way of approaching that issue? A. Q. It possibly could be. I don't know.

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Did your having to write this memo in any way

adversely affect your employment? A. It didn't affect my employment. It just made me

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upset because I didn't understand why I was being questioned if I had approval from a supervisor on the call that I made that day. Q. Is it possible that maybe one of the things that

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might be being looked at was how your supervisor had handled that in giving you that clearance? A. I don't know. I wasn't told that. I was told

it was 'cause of my situation and that it was - - i t became an issue about fingerprinting, was that was another issue. Q. A. That arose out of that investigation? Correct, 'cause I had made a statement that day

in the arrest to Bob Grome that I'd -- the only time I'd fingerprinted was when I was in the police academy and that I was not -- didn't know -- I had never fingerprinted at Capitol Police.
Q. Okay.

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A.

So then Lieutenant Harkness wrote a letter that

I find inappropriate about me. Q. Do you think that Lieutenant Harkness was

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retaliating against you? A. hostile. I don't know if you call it retaliating or I didn't believe it was appropriate because he

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was questioning my ability as an officer when he should have looked at my training officer and asked that person if I had ever even been trained on it, 'cause that's the only thing in my -- one of the only things in my FTO book that I hadn't been trained on. Q. Would Lieutenant Harkness have any motivation to

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take action against you that wasn't warranted, any personal motivation? A. Q. Not that I'm aware of. To your knowledge, does he know that you are

half Hispanic?
A.

Yes.
Have you had a discussion with him that would

Q.

have revealed that information?
A.

Yes.
Prior to this occurrence? Yes. Prior to me becoming an officer, while I

Q. A.

was in the police academy. Q. And how, what was -- what were the

circumstances? A. He used to come to my house and hang out and

drink with my roommate and I, and that was -- I mean, a

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few times he'd come over and had a few beers at ray house. Q.
A.
Q.

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Did you ever date him?
No.
Did he ever date your roommate?

A. Q.

No. My roommate was a male. And when he came over to your house, did he come

over as -- I mean, did he know you or did he know your roommate? A. No, he knew me. He didn't know my roommate

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until I introduced them. Q. Did there come a point -- I assume that when he

was coming over to your house, the two of you had a friendly relationship? A. Q.
A.

We were friends, yes, at that time. Did that ever change?

Yes.
When did that change? When he came back to Capitol Police. He had --

Q. A.

at the time he was just getting ready to leave Capitol Police, and he went to Scottsdale Police Department. And then when he came back is when he really didn't talk to me anymore. Q. A.
Q.

Do you know why? No, I don't.
Was there any incident that led to a falling out

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in your friendship with him? A. No. The only thing I ever asked, I think he

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questioned - - w e talked about it once, and he said that because he was a supervisor, he didn't want to show that -- make people think something, but I know that he still hung out with Cheryl Judd outside of work, so I didn't quite understand how that portrayed to our friendship. But that's all I -- the only conversation we'd ever had about it. Q. We just stopped talking.

Did you receive any disciplinary action as a

result of the investigation regarding the arrest? A. No. I haven't heard of anything, about where

that's gone. Q. Since that investigation have you received

additional training in fingerprinting? A. No. I was sent to a class that was supposed to

be for fingerprinting, but it never did any fingerprinting other than talk about it for all of five minutes through a two-day class. Q. Do you know if it was the purpose of sending you

to that training that you would get some additional training regarding fingerprinting? A. I was told to go to the class for that, but It had nothing to

there was no fingerprinting involved.

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do with it. Q. Did you ever write a memo to anyone in

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management telling them that you did not feel that you had received sufficient training through that particular course in fingerprinting? A. I went back and told Lieutenant Harkness that

the training that he had sent me to was only - - i t had other things to do, like how to approach scenes and to that knowledge, but there was no fingerprinting. And he was like - - h e was -- said he didn't know that. Q. Have you ever found any training where you would

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get hands-on experience in dusting for fingerprints that you've requested to attend? A.
no.

I haven't seen anything in the training book,

Q. A.

Do you know if such training is offered? Not that I know of, but I don't know. But it

wouldn't be beyond the scope if they had a supervisor just taking me aside and showing me. Q. A. Have you ever asked any supervisor to do that? I believe I asked -- I asked the supervisor not

to show me, but I asked the supervisor if I could take it home and have my husband show me because, since my husband's in law enforcement, he could show me how to fingerprint properly. And nothing ever came of it. I had

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Page 222 asked if I could take home one of the fingerprint kits.
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Q.
A.
Q. A.

Did you not get a response to the question?
No.
Did you ever ask Brian Neus to show you? No, I never asked anybody to show me.

Q. A.
Q.

Is there any reason why you couldn't do that? To ask?

Yes.
You mean since that had occurred where the

A.

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fingerprinting came an issue?
Q.

Yes.
I don't see why I -- I just didn't ask. I

A.

thought that I was going to the training to learn, and then since then I haven't. Q. Okay. Have you taken it upon yourself to do

anything to get trained on that? A. I know how to do it from I -- what my husband's

described, and since then I've -- I mean, I haven't practiced it, no. Q. A. Do you feel like you need training? I probably should get training, but I don't

think any of the other officers -- 'cause the other officer that was present with me at that day also had not had training other than the police academy. He had never

had training on fingerprinting, so he didn't know how to

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fingerprint either. So I think it's an issue overall for all the officers at Capitol Police to do more fingerprinting. Q. It's not something that's specifically been

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denied to you, in other words? A. Fingerprinting? No, nobody has -- there doesn't

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come a lot of the reasons -- I mean, I never received it on training, and since then I've never received it. Q. Tell me about an investigation about drugs in

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your car. A. It wasn't investigation. It was -- I was

told -- I got a phone call from Sergeant Neus asking me again what had occurred eight months prior for drugs being found in my car. Q. A. Okay. And --

When did Neus call you?

It was right around the same time as all the I don't remember the

rest of this stuff was happening. exact date.

It was a good eight months after that

particular arrest had occurred. Q. you? A. He asked me again - - h e said that he was asked Okay. And I'm sorry, what did Brian Neus say to

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from Chief Staubitz why I wasn't written up for it, and that he said that he had talked to me verbally and that was it. And he said he' s bringing up this that had

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occurred eight months ago. It came up right after I had found drugs in Clay Jepson's car 'cause we look at our vehicles when we start the shift and end the shift, and I had found drugs when I started a shift in a patrol car that Clay Jepson had driven the night before. Q. A. Okay. And from an arrest, so during that time when I

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had written the -- I had to write a memo stating what had happened so that I could destroy the -- have the drugs destroyed, I got a call like within a week or two. Brian

Neus had told me that then Captain - - o r Chief Staubitz was asking what had happened to me and why I wasn't punished or whatever. Q. When the incident happened when you had the

patrol car and you found drugs in the patrol car, who was the chief at that time? A. Q. I don't recall. Is it possible that it was before Andy Staubitz

became chief? A. Q. It could be. I don't know for sure.

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And when you found the drugs in Clay Jepson's

patrol car, presumably it had come off of -- come from some suspect, right? A. It came off -- there was a suspect in the back

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of the car that had dropped them in there. Q. Okay.

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A.
Q.

And he didn't see it.
This isn't an allegation that you had drugs or

that Officer Jepson had drugs? A. No. It was why, it was -- 'cause it becomes

your responsibility to look in your vehicle. Q. A. Okay. So it falls in the officer's responsibility that

if drugs are found in the car, then they could get in trouble because they didn't look at their car. Q. So you got the patrol car that morning, you What did you do

looked in it, there were drugs in it. with them? A.

I called Corporal Boettcher over at the time

'cause he was the officer that was in charge that night -Jim Warner wasn't there -- and said, "This is what I found." He said, "Okay. You need to write a report

on it and put it in property for destruction." So that's what I did. Q. Okay. And then sometime later Brian Neus called

you and told you to do what, write another memo? A. I never had to write a memo. He was just --

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why in the world something's being brought up that was eight months later and why about me? Q. A. Okay. 'Cause I know other officers have found drugs in

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cars or something to that effect, so I didn't understand why it was being brought up about me personally. Q. And to this day do you have any idea why it was

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being brought up about you? A. Q. No, I don't. Or do you have any idea whether Chief Staubitz

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was looking into other incidents? A. Q. No, I don't. Okay. Do you have any personal knowledge that

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would suggest that you were - - i n particular were being singled out? A. Only knowledge I have is that Jim Warner and

Sergeant Brian Neus told me that I was being targeted, that they felt I was being targeted by Chief Staubitz and that I needed to watch my back. Q. Did any -- did you receive any disciplinary

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action as a result of Brian Neus's call to you asking you about the drugs in the patrol car?

A.

No. The only action that ever occurred was when

I -- after the incident had occurred the day eight months prior is that he had called me and asked me what had

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happened.

I said -- so it was basically I got a verbal of I explained. And then

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"Why did you do what you did?" that was the extent of it. Q.

And it's your contention here in this lawsuit,

and you are suing Chief Staubitz because he asked Brian Neus a question about that? A. It's overall that I believe that there is a --

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that I was being targeted, that instances that had to do with me were being looked into. Q. A. Okay. And that's why I asked for an internal

investigation first on Chief Staubitz through DPS. Q. One of the other things that you listed to me

was -- as a retaliatory act was something, a memo about your arrest? A. Q. A. Q. That was the arrest as far as -That's the one we've already talked about? Correct, yes. Okay. And then the other instance of

retaliatory conduct that I have written down here is your -- the fact that you were told by Harkness not to grieve the false allegation, and that refers to the memo of concern that you received, right?
A.

Yes.
So we've already talked about that?

25

Q.

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A.

Yes.

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Q.

Have we talked now about all of the instances of

retaliation that you feel like you've suffered since reporting Corcoran's conduct? And that would include since filing your EEOC charge and since filing your complaint. A. I'm trying to recall to see if I got -- covered I believe I've covered everything. Your complaint talks about a comment that

everything. Q.

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Okay.

Sergeant Harkness supposedly made that you were stuck up? A. No, Sergeant Harkness didn't make the

complaint -- the comment. Charlie Miller made the comment.
Q.

Sergeant Harkness was in there, was present.
Oh, okay. I misread it.

Were you present when that occurred?

A.
Q.

Yes.
And the allegation in the complaint says that

persons in the cafeteria looked up and stared at you? A. Well, it was in the checkout, so yeah, the

person who is checking out, who was -- you pay the money to was there, and it's a public -- it's a cafeteria that people come over from ADOA or from -- and from around, so there are people present around there. And we were all in uniform. Q. Do you know who the person was at the checkout?
Document 88-10

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Q.

Great, okay.

That's what I wanted to clear up.

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And you said that at some point you
reported what had happened, what Wayne Corcoran had done to you in that office, to Brian Neus, correct? A. I had told Jim Warner first, and then I told

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Brian Neus, yes. Q. Okay. Andy Staubitz was not present at either

time that you told Jim Warner or Brian Neus about that, correct?

A.
Q.

I don't believe so, no.
Okay. Isn't it true that at that time Wayne

Corcoran's office wasn't even - - h e didn't even have an office in the Capitol Police building? A. Q. No. He had an office.

I was under the impression -- I don't know how I

got this impression -- that he actually had an office, but it was in a different building, the emergency something building. A. I don't know if it was moved there, but I know

that he used that office because inside that office there's another office that has equipment. Q. So it's your belief that the office that he took

you into to measure you for the ballistic vest was actually his office at the Capitol Police? A. I would -- I believe so, in my -- I'm assuming

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it was. Q.

That was his before. The shorts incident, let's call it, the one that

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happened at the street survival training -A.

Yes.

Q.

-- you also never reported that incident

directly to Andy Staubitz, did you? A. Q. Not directly, no. Okay. And when you say "not directly," you mean

you told some supervisors, who you think told Andy Staubitz, but you never reported it directly to him, right? A. Never reported directly. I was just told by

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those supervisors that they reported it directly to Andy Staubitz. Q. And you also never witnessed any of those

supervisors actually reporting it to Andy Staubitz, did you?
A.

No.

Q.

Okay.

So the sole basis for your knowledge or

your belief that Andy Staubitz had this reported to him was what other people told you or documents you saw from these people, correct? A. Q. Correct. Okay. Similarly, this -- these statements that

were made to Traci Woody-Carmen about - - o r allegedly made LEA, SHERMAN & HABESKI
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stress-related? A. No, I have not. I was told that they are My dad and everyone in my

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hereditary, as far as I know. family has them. Q. Okay.

This incident with Corporal Miller

allegedly telling Sergeant Harkness that you're really stuck up or just really stuck up, you don't have any evidence that Andy Staubitz had anything to do with that, do you? A. Q. Not firsthand knowledge, no. Do you have any knowledge that Andy Staubitz had

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anything to do that? A. Q. A. That he had him say that? No.

Or that he even knew about it? I don't know if he knew about it afterwards or

not.
Q. A. Okay. Again, I know it came up -- sorry - - i t came up

in the internal investigation I had on Chief Staubitz. I'm assuming that they spoke to him about it. know. Q. In the complaint it talks about an investigation I don't

that was opened against you on March 19, 2003, and you couldn't quite remember the dates for these investigations that you were subjected to. Does that help refresh your

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