Free Other Notice - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

Daniel P. Struck, Bar #012377 Rachel Love Halvorson, Bar #019881 J ONES, S KELTON & H OCHULI, P.L.C. 2901 North Central Avenue Suite 800 Phoenix, Arizona 85012 Telephone No.: (602) 263-1700 Facsimile No.: (602) 263-1784 E-Mail: [email protected]; [email protected] Attorneys for Defendants Corrections Corporation of America and Stolc Brett Duke, Esq. L AW O FFICES OF B RETT D UKE 4157 Rio Bravo El Paso, Texas 79902 915) 875-0003 Fax: (915) 875-0004 [email protected] and Leon Schydlower, Esq L AW O FFICE O F L EON S CHYDLOWER 210 North Campbell Street El Paso, Texas 79901 Telephone: (915) 532-3601 Facsimile: (915) 532-2041 [email protected] Attorneys for Plaintiff IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Cheryl Allred Plaintiff, v. Corrections Corporation of America, Inc.; Bruno Stolc Defendants. The following is the joint Proposed Final Pretrial Order to be considered NO. CIV 03-2343 PHX-DGC PARTIES' PROPOSED JOINT PRETRIAL STATEMENT

21 22 23 24 25 at the Final Pretrial Conference set for January 25, 2006 at 4:00 p.m. 26 I. TRIAL COUNSEL FOR THE PARTIES

Case 2:03-cv-02343-DGC

Document 148-2

Filed 01/04/2006

Page 1 of 99

1 2 3 4 5 6 7 8 9 10 11

Plaintiff: Brett Duke, Esq. L AW O FFICES OF B RETT D UKE 4157 Rio Bravo El Paso, Texas 79902 915) 875-0003 Fax: (915) 875-0004 [email protected] and Leon Schydlower, Esq L AW O FFICE O F L EON S CHYDLOWER 210 North Campbell Street El Paso, Texas 79901 Telephone: (915) 532-3601 Facsimile: (915) 532-2041 [email protected] Defendants:

12 13 14 15 16 17 II. 18 This Court has jurisdiction based upon diversity of citizenship of the parties and 19 federal question. 20 III. 21 A. 22 23 24 25 26 2 Case 2:03-cv-02343-DGC Document 148-2 Filed 01/04/2006 Page 2 of 99 The following material facts are admitted by the parties and require no proof: 1. Corrections Corporation of America ("CCA") is a private prison corporation. STIPULATIONS AND UNCONTESTED FACTS AND LAW STATEMENT OF JURISDICTION Daniel P. Struck, Bar #012377 Rachel Love Halvorson, Bar #019881 J ONES, S KELTON & H OCHULI, P.L.C. 2901 North Central Avenue Suite 800 Phoenix, Arizona 85012 Telephone No.: (602) 263-1700 Facsimile No.: (602) 263-1784 E-Mail: [email protected]; [email protected]

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 B.

2.

CCA owns and operates the Central Arizona Detention Center, located in Florence, Arizona.

3.

CCA houses inmates and detainees from various states and also for the federal government pursuant to correctional services contracts entered into as between CCA and various states and the federal government, including the United States Marshals Service and the Federal Bureau of Prisons.

4.

On November 28, 2001, Plaintiff Cheryl Allred, then a federal inmate (but now no longer an inmate of any institution), was housed overnight at CCA's Central Arizona Detention Center (CADC) by order of the U.S. Marshals Service.

5.

After being processed through the R&D Unit at CADC, Plaintiff was transferred to an isolation cell in the Medical Unit. Plaintiff was housed alone in the medical isolation cell until her release from the facility early the next morning.

6.

On November 29, 2001, Plaintiff was transferred by the U.S. Marshals Service to the Federal Medical Center-Carswell (FMCCarswell), located in Texas.

The following material facts, although not admitted, will not be contested at trial by evidence to the contrary: 1. Plaintiff did not report to any correctional or medical/mental health personnel at the Federal Medical Center- Carswell (FMC

21 22 Carswell) that any wrongdoing had occurred at CADC until 23 December 5, 2001. 24 2. 25 March 7, 2002, when CCA was advised by the U.S. Marshals 26 3 Case 2:03-cv-02343-DGC Document 148-2 Filed 01/04/2006 Page 3 of 99 CCA was not notified of Plaintiff's allegations of rape until

1 2 3 4 5 6 C. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 IV. 3.

Service that U.S. Attorney Steven Yarborough, of the District of New Mexico, had reported to the U.S. Marshals Service that Plaintiff, while in Court, alleged she was raped by several male prisoners while at CADC. Plaintiff is a convicted felon.

The following issues of law are uncontested and stipulated to by the parties: 1. CCA has a duty to take reasonable measures to protect inmate safety from foreseeable risks of harm. (Defendants deny that they breached this duty, causing harm to Plaintiff).

CONTESTED ISSUES OF FACT AND LAW A. The following are the material issues of fact to be tried and decided: Issue 1: Whether Plaintiff was raped. Plaintiff contends that on November 28, 2001, the defendants left her alone

and unprotected in the prison owned and operated by the defendant CCA causing the opportunity to allow at least two, roving, unrestricted, trustee inmates to gang rape her. Defendants dispute that the alleged rape occurred based upon Plaintiff's widely varying accounts of the alleged rape made over time. Defendants also contend that logistically, because of the small confines of the shower cell where Plaintiff was housed in the R&D Unit, the alleged rape could not have occurred as Plaintiff contends. In addition, Defendants contend that female and male inmates are never housed in the same cell under any circumstances and appropriate security and supervision precautions are taken by CCA to prevent male inmates from having access and opportunity to sexually assault female inmates.

4 Case 2:03-cv-02343-DGC Document 148-2 Filed 01/04/2006 Page 4 of 99

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

Issue 2: Whether Plaintiff has told conflicting accounts of the alleged rape. Plaintiff contends that this is not a separate issue from Issue 1above. However, Plaintiff understands that the defendants allege that she has told conflicting accounts of the rape. However, such allegation of the defendants is the result of inadmissible and unreliable evidence, especially a great deal of hearsay, from witnesses without first hand knowledge whose testimony should not be permitted. Defendants contend that Plaintiff has told at least twelve conflicting accounts of the alleged rape. In addition, Defendants contend that because Plaintiff was petitioning the United States District Court, District of New Mexico, in her criminal matters that she be released on house arrest rather than be incarcerated because of medical and mental health issues, she had motivation to fabricate the alleged incident. In addition, it is undisputed that Plaintiff is a methamphetamine abuser and was abusing methamphetamines (and manufacturing methamphetamines) at the time her two arrests for passing bad checks. The highly addictive nature of this illegal drug is known to motivate persons to lie in order to gain access to the drug as well as to gain financial means to obtain the illegal drugs. In addition, Plaintiff suffers from a personality disorder that bears upon the trustworthiness of her rape reports. Consequently, no reasonable jury can find that Plaintiff was raped at CCA's Central Arizona Detention Center. Issue 3: Whether the rape logistically could have occurred as Plaintiff alleges. Plaintiff contends that this is not a separate issue from Issue 1above. However, the evidence proves that the Plaintiff was raped. The defendants fail to present evidence that the rape did not occur.

5 Case 2:03-cv-02343-DGC Document 148-2 Filed 01/04/2006 Page 5 of 99

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

Defendants contend that because of the small confines of the shower cells in the R&D unit, the shower cell could not have held Plaintiff, her two to three (or more depending on the report) attackers, a chair and three to four restrained inmates sitting on a bench watching. There are no benches in the shower cells. Additionally, restraints are taken off inmates upon entering holding cells. Furthermore, trustee (worker) inmates in R&D are supervised at all times by correctional officers while performing their work tasks. In addition, the Intake Desk and the Transportation Office are located directly across from the shower cells within feet of the shower cells, and numerous R&D and Transportation officers are present in and roving the R&D Unit during the processing of inmates. Therefore, not only would Plaintiff not have been housed in a shower cell with other male inmates in the first place, a gang rape could not have gone undetected by the numerous officers working R&D within feet of the shower cell in which Plaintiff was housed alone. Issue 4: Whether it was foreseeable that female inmates in a prison facility are subject to danger? Plaintiff contends that this issue is of no consequence because she was raped within the R & D Unit, not an inmate cell. Additionally, if CCA has a policy of prohibiting male and female inmates from being placed together in the R & D Unit, the defendants violated such policy. Defendants contend that in order to protect female inmates from danger associated with being housed in the same facility as male inmates, CCA takes appropriate security and supervision precautions to guard against the intermixing of male and female inmates. CCA policy and practice prohibits male and female inmates from being housed in the same cell. Male and female inmates are not housed together under any circumstances whether in R&D or a housing unit, do not recreate together,

6 Case 2:03-cv-02343-DGC Document 148-2 Filed 01/04/2006 Page 6 of 99

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

do not program together, do not eat together and do not go to medical together. Male and female inmates are also physically separated during transport outside the facility. Furthermore, female inmates are escorted by corrections personnel within the facility to prevent intermixing with male inmates. Finally, trustee (worker) inmates assigned to perform work tasks in R&D work under close supervision of correctional officers. Therefore, CCA takes reasonable and appropriate measures to prevent male inmates the access and opportunity in which to sexually assault female inmates. Issue 5: Whether CCA policy and practice prohibits male and female inmates from being housed together in the same cell. Plaintiff contends that defendants failed to use reasonable care, especially by leaving the Plaintiff alone and unsupervised permitting access to the Plaintiff by at least two, roving, unrestricted, trustee inmates to gang rape her. Defendants contend that CCA policy and practice prohibits male and female inmates from being housed in the same cell. CCA policy and practice prohibits male and female inmates from being housed in the same cell. Male and female inmates are not housed together under any circumstances whether in R&D or a housing unit, do not recreate together, do not program together, do not eat together and do not go to medical together. Male and female inmates are also physically separated during transport outside the facility. Furthermore, female inmates are escorted by corrections personnel within the facility to prevent intermixing with male inmates. Finally, trustee (worker) inmates assigned to perform work tasks in R&D work under close supervision of correctional officers. Therefore, CCA takes reasonable and appropriate measures to prevent male inmates the access and opportunity in which to sexually assault female inmates.

7 Case 2:03-cv-02343-DGC Document 148-2 Filed 01/04/2006 Page 7 of 99

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

Issue 6:

Whether Defendants used reasonable care to prevent

inmate upon inmate sexual assault. Plaintiff contends that the non-party rapists do not have the same duty as the defendants to protect the Plaintiff and prevent harm occurring to her. The defendants breach of this duty proximately caused the inmates to rape her. Defendants contend that CCA had in place, appropriate security and supervision policies, procedures and practices to ensure that male and female inmates are not housed in the same cells or permitted physical access to each other. CCA policy and practice prohibits male and female inmates from being housed in the same cell. Male and female inmates are not housed together under any circumstances whether in R&D or a housing unit, do not recreate together, do not program together, do not eat together and do not go to medical together. Male and female inmates are also physically separated during transport outside the facility. Furthermore, female inmates are escorted by corrections personnel within the facility to prevent intermixing with male inmates. Moreover, trustee (worker) inmates assigned to perform work tasks in R&D work under close supervision of correctional officers. Therefore, CCA takes reasonable and appropriate measures to prevent male inmates the access and opportunity in which to sexually assault female inmates. Housing both male and female inmates at the same institution, including utilization of the same R&D Unit for in-processing is a practice that falls within the applicable corrections standard of care. Issue 7: Whether the non-party unidentified inmate rapists are at fault. Plaintiff contends that the defendants left her alone and unprotected in the prison owned and operated by the defendant CCA causing the opportunity to allow at least two, roving, unrestricted, trustee inmates to gang rape her was the proximate cause of the rape.

8 Case 2:03-cv-02343-DGC Document 148-2 Filed 01/04/2006 Page 8 of 99

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

If the defendants did not leave her alone and unprotected the rape would not have occurred.

Defendants contend that if the alleged rape occurred, the inmate(s) who intentionally raped Plaintiff, and who have been designated non-parties at fault, bear sole liability for Plaintiff's damages. Issue 8: Whether Defendants proximately caused harm to Plaintiff. Plaintiff contends that her damages from the defendants' breach of its duty and allowing at least two roving, unrestricted, trustee inmates to gang rape her resulting in severe injuries including disability, disfigurement, loss of enjoyment of life, in the past and future, mental, physical, and emotional pain and suffering experienced in the past and future, medical care, treatment, and services for the past and future. Defendants dispute that the alleged rape occurred. Therefore,

Defendants did not cause harm to Plaintiff. In the alternative, the non party at fault inmate(s) who intentionally raped Plaintiff proximately caused Plaintiff's damages. Issue 9: The nature and extent of Plaintiff's alleged injuries.

Plaintiff contends that her damages from the defendants' breach of its duty and allowing at least two roving, unrestricted, trustee inmates to gang rape her resulting in severe injuries including disability, disfigurement, loss of enjoyment of life, in the past and future, mental, physical, and emotional pain and suffering experienced in the past and future, medical care, treatment, and services for the past and future. Defendants contend that there is no forensic evidence to substantiate a claim of physical injury. Nor has Plaintiff produced evidence to substantiate a wage claim. In addition, Plaintiff has offered no evidence of the need for future medical or mental health care. Furthermore, Defendants contend that Plaintiff is unable to prove emotional injury where, in the context of Plaintiff's history as a methamphetamine

9 Case 2:03-cv-02343-DGC Document 148-2 Filed 01/04/2006 Page 9 of 99

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

abuser, it is undisputed that Plaintiff has reported to various medical/mental health providers and jail officials that prior to the allege rape, she suffered from suicidal ideations (since the age of four), anxiety and depression. Defendants also contend that Plaintiff suffers from a personality disorder that affects her credibility. Moreover, Plaintiff's diagnosis of PTSD and M ajor Depressive Disorder by a rape crisis counselor lacks appropriate foundation where Plaintiff's counselor took Plaintiff's rape reports as true without investigation into whether the report was valid, failed to conduct normative psychological testing to determine whether Plaintiff was malingering or suffered from a personality disorder affecting her credibility and failed to obtain or review Plaintiff's prior medical and mental health records which illustrate Plaintiff suffered from suicidal ideations, depression and anxiety prior to the alleged rape. Defendants also contend that Plaintiff's addiction to methamphetamines caused or contributed to the mental health issues of which Plaintiff now complains. B. The following are the issues of law to be determined: Issue 1: Wh ether Defendants breached their duty to use reasonable care in order to protect Plaintiff from inmate upon inmate sexual assault. Plaintiff contends that this is an issue of fact to be determined by the jury. Defendant contends they used reasonable care to protect Plaintiff's safety by implementing appropriate security and supervision policies, procedures and practices that minimize the intermixing of male and female inmates and ensure that male and female inmates are never housed together. CCA policy and practice prohibits male and female inmates from being housed in the same cell. Male and female inmates are not housed together under any circumstances whether in R&D or a housing unit, do not recreate together, do not program together, do not eat together and do not go to medical

10 Case 2:03-cv-02343-DGC Document 148-2 Filed 01/04/2006 Page 10 of 99

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

together. Male and female inmates are also physically separated during transport outside the facility. Furthermore, female inmates are escorted by corrections personnel within the facility to prevent intermixing with male inmates. Finally, trustee (worker) inmates assigned to perform work tasks in R&D work under close supervision of correctional officers. Therefore, CCA takes reasonable and appropriate measures to prevent male inmates the access and opportunity in which to sexually assault female inmates. Issue 2: Whether non-parties at fault (inmate rapists) bear liability for the alleged rape. Plaintiff contends that this not an issue of law nor an issue of fact because the non-party rapists do not have the same duty as the defendants to protect the Plaintiff and prevent harm occurring to her. The defendants breach of this duty proximately caused the inmates to rape her. Defendants contend that if the alleged rape occurred, the inmate(s) who intentionally raped Plaintiff, and who have been designated non-parties at fault, bear sole liability for Plaintiff's damages. Issue 3: Whether Defendants proximately caused harm to Plaintiff. Plaintiff contends that this is an issue of fact to be determined by the jury. Defendants dispute that the alleged rape occurred. Therefore, Defendants did not cause harm to Plaintiff. In the alternative, the non party at fault inmate(s) who intentionally raped Plaintiff proximately caused Plaintiff's damages. Issue 4: Whether Defendant Stolc remains as a Defendant in this litigation. Plaintiff contends this defendant remains as a defendant.

11 Case 2:03-cv-02343-DGC Document 148-2 Filed 01/04/2006 Page 11 of 99

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

Defendants contend that Defendant Warden Stolc is no longer party to this action. The only count pled as against Defendant Stolc in Plaintiff's Complaint was a Bivens constitutional violation claim. By Order dated 8/30/05, this Court granted summary judgment in favor of Defendant Stolc on the Bivens claim. The Court also granted summary judgment in favor of both Defendants CCA and Stolc on Plaintiff's punitive damages claims (both federal and state claims) and gross negligence claims. The Court did find a genuine issue of material fact existed with respect to Plaintiff's negligence claim. Accordingly, only the negligence claim remains and will be tried to the jury. However, Plaintiff's Complaint addresses the negligence and respondeat superior claims specifically as against CCA only. There is no mention of Defendant Stolc in either the negligence count or the respondeat superior count. Therefore, this Court should dismiss Warden Stolc from this action and the caption should be modified accordingly for trial purposes. VI. LIST OF WITNESSES Each party understands that it is responsible for ensuring that the witnesses it wishes to call to testify are subpoenaed. Each party further understands that any witnesses it wishes to call to testify are subpoenaed. Each party further understands that any witness a party wishes to call shall be listed on that party's list of witnesses; the party cannot rely on the witness having been listed or subpoenaed by another party. Plaintiff: 1. Plaintiff's Witnesses Who Shall be Called at Trial

* Defendants object in general to Plaintiff's list of witnesses as Plaintiff fails to identify with any specificity, what the witnesses will testify to. a. Cheryl Allred c/o Brett Duke, P.C. 4157 Rio Bravo El Paso, Texas 79901 12

Case 2:03-cv-02343-DGC

Document 148-2

Filed 01/04/2006

Page 12 of 99

1 2 3 4

Cheryl Allred is the Plaintiff who will testify that she was gang raped. b. Carlos Ornelas c/o Brett Duke, P.C. 4157 Rio Bravo El Paso, Texas 79901

Carlos Ornelas will testify as to Plaintiff's damages. 5 Defendants' objection: Failure to disclose. 6 c. 7 8 9 Defendants' objection: Failure to disclose. 10 d. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 13 Case 2:03-cv-02343-DGC Document 148-2 Filed 01/04/2006 Page 13 of 99 Bruno Stolc will testify as to the breach of the duty owed to the Plaintiff by the defendants that resulted in her gang rape. g. Michael Samburg c/o Jones, Skelton & Hochuli 2901 Central Ste. 800 Phoenix, AZ 85012 This witness' representatives will testify as to the breach of duty owed to Plaintiff permitted her gang rape. Defendants' objection: Non-specificity; failure to disclose. f. Bruno Stolc c/o Jones, Skelton & Hochuli 2901 Central Ste. 800 Phoenix, AZ 85012 Defendants' objection: Failure to disclose. See also Defendants Motion in Limine to exclude evidence of the 1999 incident. e. Correction Corporation of America c/o Jones, Skelton & Hochuli 2901 Central Ste. 800 Phoenix, AZ 85012 Dean Martin address will be supplemented Ernest Flores address will be supplemented

Ernest Flores will testify that he was a prison trustee in the R & D Unit and his knowledge of the gang rape of Plaintiff.

Dean Martin will testify that as an inmate he sexually assaulted a female in the R & D Unit of CADC.

1 2 3 4

Michael Samburg will testify about the defendants breach of care. h. John Mills c/o Jones, Skelton & Hochuli 2901 Central Ste. 800 Phoenix, AZ 85012

This witness will testify about the gang rape. 5 6 7 8 9 This witness will testify about the gang rape. 10 j. 11 12 13 14 15 16 17 18 l. 19 20 21 22 23 24 25 26 14 Case 2:03-cv-02343-DGC Document 148-2 Filed 01/04/2006 Page 14 of 99 This witness will testify about the Plaintiff reporting the gang rape and the Plaintiff's medical care associated with the gang rape. m. Queta Van Wyngarden La Pinon-Sexual Assault of Southern New Mexico 418 W. Griggs Las Cruces, NM 88005 Recovery Services Kristy Dromgoole FMC-Carswell P.O. Box 27066 "J" Street-Building 3000 Fort Worth, Texas 76127-006 Benny Martinez c/o Jones, Skelton & Hochuli 2901 Central Ste. 800 Phoenix, AZ 85012 Defendants' objection: Relevance, 403, 407. See also Defendants' Motion in Limine to exclude evidence regarding post-incident investigation. i. Herald Newton c/o Jones, Skelton & Hochuli 2901 Central Ste. 800 Phoenix, AZ 85012

This witness will testify about the gang rape. k. D. Nicole Holmes FMC-Carswell P.O. Box 27066 "J" Street-Building 3000 Fort Worth, Texas 76127-006

This witness will testify about the Plaintiff reporting the gang rape and the Plaintiff's medical care associated with the gang rape.

1 2 3 4 5 6 7 8

This witness will testify about the Plaintiff reporting the gang rape and the Plaintiff's medical care associated with the gang rape. Defendants' objection: Relevance, foundation, 702. See also Defendants' Motion in Limine to exclude testimony of Queta VanWyngarden. n. Ernest Flores, M.D. Las Cruces Mental Health Center 2525 S. Telshore Blvd., Ste. 15-202 Las Cruces, NM 88011

This witness will testify about the Plaintiff reporting the gang rape and the Plaintiff's medical care associated with the gang rape. Defendants' objection: Failure to disclose pursuant to Fed. R. Civ. P. 26(a)(2)(B). o. Julie Graves La Pinon-Sexual Assault of Southern New Mexico 418 W. Griggs Las Cruces, NM 88005

9 10 11 12 13 14 P. 26(a)(2)(B). 15 16 17 18 19 20 21 22 23 24 25 26 15 Case 2:03-cv-02343-DGC Document 148-2 Filed 01/04/2006 Page 15 of 99 This witness will testify about the Plaintiff reporting the gang rape and the Plaintiff's medical care associated with the gang rape. r. Frank Garcia c/o Jones, Skelton & Hochuli 2901 Central Ste. 800 Phoenix, AZ 85012 This witness will testify about the Plaintiff reporting the gang rape and the Plaintiff's medical care associated with the gang rape. q. Chris Castriotta Dierson Charities 1595 W. Picacho Avenue Las Cruces, NM 88005 p. Dan Judiscak Dierson Charities 1595 W. Picacho Avenue Las Cruces, NM 88005 This witness will testify about the Plaintiff reporting the gang rape and the Plaintiff's medical care associated with the gang rape. Defendants' objection: Failure to disclose pursuant to Fed. R. Civ. Recovery Services

1 2 3 4

This witness will testify about the defendants breach of care. s. Jean Marie Handrahan c/o Jones, Skelton & Hochuli 2901 Central Ste. 800 Phoenix, AZ 85012

This witness will testify about the defendants breach of care. 5 t. 6 7 8 9 10 11 This witness will testify about the defendants breach of care. 12 v. 13 14 15 16 17 18 This witness will testify about the defendants breach of care. 19 x. 20 21 22 23 24 25 This witness will testify about the defendants breach of care. 26 16 Case 2:03-cv-02343-DGC Document 148-2 Filed 01/04/2006 Page 16 of 99 Barbra Quiroz c/o Jones, Skelton & Hochuli 2901 Central Ste. 800 Phoenix, AZ 85012 Bob Moore c/o Jones, Skelton & Hochuli 2901 Central Ste. 800 Phoenix, AZ 85012 Janine Cartwright c/o Jones, Skelton & Hochuli 2901 Central Ste. 800 Phoenix, AZ 85012

This witness will testify about the defendants breach of care. u. Lupe Youtsey c/o Jones, Skelton & Hochuli 2901 Central Ste. 800 Phoenix, AZ 85012

This witness will testify about the defendants breach of care. w. CO Curran c/o Jones, Skelton & Hochuli 2901 Central Ste. 800 Phoenix, AZ 85012

This witness will testify about the defendants breach of care. y. Ricardo Figueroa c/o Jones, Skelton & Hochuli 2901 Central Ste. 800 Phoenix, AZ 85012

1 z. 2 3 4 5 6 7 8 9 10 11 Defendants' objection: Failure to disclose pursuant to Fed. R. Civ. P. 12 13 b. 14 15 16 17 18 26(a)(2)(B). 19 20 21 22 23 24 Defendants' objection: Failure to disclose pursuant to Fed. R. Civ. P. 25 26 17 Case 2:03-cv-02343-DGC Document 148-2 Filed 01/04/2006 Page 17 of 99 26(a)(2)(B). c. John Callegar FMC Carswell Federal Bureau of Prisons P.O. Box 27066-J Street Bldg. 3000 Fort Worth, Texas 76127 This witness will testify about the Plaintiff reporting the gang rape and the Plaintiff's medical care associated with the gang rape. Defendants' objection: Failure to disclose pursuant to Fed. R. Civ. P. D. Franklin FMC Carswell Federal Bureau of Prisons P.O. Box 27066-J Street Bldg. 3000 Fort Worth, Texas 76127 26(a)(2)(B). Amy Padilla c/o Jones, Skelton & Hochuli 2901 Central Ste. 800 Phoenix, AZ 85012

This witness will testify about the defendants breach of care. All witnesses designated by defendants even if withdrawn. 2. Plaintiff's Witnesses Who May be Called at Trial a. M. Stevens Federal Bureau of Prisons Federal Medical Center, Carswell P.O. Box 27066-J Street Bldg. 3000 Fort Worth, Texas 76127

This witness will testify about the Plaintiff reporting the gang rape and the Plaintiff's medical care associated with the gang rape.

This witness will testify about the Plaintiff reporting the gang rape and the Plaintiff's medical care associated with the gang rape.

1 d. 2 3 4 5 6 26(a)(2)(B). 7 8 9 10 11 12 Defendants' objection: Failure to disclose pursuant to Fed. R. Civ. P. 13 14 f. 15 16 17 18 19 26(a)(2)(B). 20 21 22 23 24 25 26 18 Case 2:03-cv-02343-DGC Document 148-2 Filed 01/04/2006 Page 18 of 99 g. C. Skimmer FMC Carswell Federal Bureau of Prisons P.O. Box 27066-J Street Bldg. 3000 Fort Worth, Texas 76127 This witness will testify about the Plaintiff reporting the gang rape and the Plaintiff's medical care associated with the gang rape. Defendants' objection: Failure to disclose pursuant to Fed. R. Civ. P. S. Wilson FMC Carswell Federal Bureau of Prisons P.O. Box 27066-J Street Bldg. 3000 Fort Worth, Texas 76127 26(a)(2)(B). e. N. Rotenberry FMC Carswell Federal Bureau of Prisons P.O. Box 27066-J Street Bldg. 3000 Fort Worth, Texas 76127 This witness will testify about the Plaintiff reporting the gang rape and the Plaintiff's medical care associated with the gang rape. Defendants' objection: Failure to disclose pursuant to Fed. R. Civ. P. A. Hall-Hoskins FMC Carswell Federal Bureau of Prisons P.O. Box 27066-J Street Bldg. 3000 Fort Worth, Texas 76127

This witness will testify about the Plaintiff reporting the gang rape and the Plaintiff's medical care associated with the gang rape.

This witness will testify about the Plaintiff reporting the gang rape and the Plaintiff's medical care associated with the gang rape.

1 26(a)(2)(B). 2 3 4 5 6 7

Defendants' objection: Failure to disclose pursuant to Fed. R. Civ. P.

h.

T. Johnson FMC Carswell Federal Bureau of Prisons P.O. Box 27066-J Street Bldg. 3000 Fort Worth, Texas 76127

This witness will testify about the Plaintiff reporting the gang rape and the Plaintiff's medical care associated with the gang rape. Defendants' objection: Failure to disclose pursuant to Fed. R. Civ. P. 26(a)(2)(B). i. P. Supris FMC Carswell Federal Bureau of Prisons P.O. Box 27066-J Street Bldg. 3000 Fort Worth, Texas 76127

8 9 10 11 12 13 14

This witness will testify about the Plaintiff reporting the gang rape and the Plaintiff's medical care associated with the gang rape. Defendants' objection: Failure to disclose pursuant to Fed. R. Civ. P. 26(a)(2)(B).

15 16 17 18 19 20 Defendants' objection: Failure to disclose pursuant to Fed. R. Civ. P. 21 22 k. 23 24 25 26 19 Case 2:03-cv-02343-DGC Document 148-2 Filed 01/04/2006 Page 19 of 99 M. Dorsette FMC Carswell Federal Bureau of Prisons P.O. Box 27066-J Street Bldg. 3000 Fort Worth, Texas 76127 26(a)(2)(B). j. S.M. Neely FMC Carswell Federal Bureau of Prisons P.O. Box 27066-J Street Bldg. 3000 Fort Worth, Texas 76127

This witness will testify about the Plaintiff reporting the gang rape and the Plaintiff's medical care associated with the gang rape.

1 2

This witness will testify about the Plaintiff reporting the gang rape and the Plaintiff's medical care associated with the gang rape. Defendants' objection: Failure to disclose pursuant to Fed. R. Civ. P. 26(a)(2)(B). l. S. Maxfield FMC Carswell Federal Bureau of Prisons P.O. Box 27066-J Street Bldg. 3000 Fort Worth, Texas 76127

3 4 5 6 7 8 9

This witness will testify about the Plaintiff reporting the gang rape and the Plaintiff's medical care associated with the gang rape. Defendants' objection: Failure to disclose pursuant to Fed. R. Civ. P. 26(a)(2)(B).

10 11 12 13 14 15 Defendants' objection: Failure to disclose pursuant to Fed. R. Civ. P. 16 17 n. 18 19 20 21 22 26(a)(2)(B). 23 24 25 26 20 Case 2:03-cv-02343-DGC Document 148-2 Filed 01/04/2006 Page 20 of 99 o. S. Phillips FMC Carswell Federal Bureau of Prisons P.O. Box 27066-J Street Bldg. 3000 This witness will testify about the Plaintiff reporting the gang rape and the Plaintiff's medical care associated with the gang rape. Defendants' objection: Failure to disclose pursuant to Fed. R. Civ. P. Sandra D. Moore FMC Carswell Federal Bureau of Prisons P.O. Box 27066-J Street Bldg. 3000 Fort Worth, Texas 76127 26(a)(2)(B). m. R. Guthrie FMC Carswell Federal Bureau of Prisons P.O. Box 27066-J Street Bldg. 3000 Fort Worth, Texas 76127

This witness will testify about the Plaintiff reporting the gang rape and the Plaintiff's medical care associated with the gang rape.

1 2 3

Fort Worth, Texas 76127 This witness will testify about the Plaintiff reporting the gang rape and the Plaintiff's medical care associated with the gang rape. Defendants' objection: Failure to disclose pursuant to Fed. R. Civ. P. 26(a)(2)(B). p. Amy Butterfield FMC Carswell P.O. Box 27066 J Street, Bldg. 3000 Fort Worth, TX 76127

4 5 6 7 8 9 10

This witness will testify about the Plaintiff reporting the gang rape and the Plaintiff's medical care associated with the gang rape. Defendants' objection: Failure to disclose pursuant to Fed. R. Civ. P. 26(a)(2)(B).

11 12 13 14 15 16 Defendants' objection: Failure to disclose pursuant to Fed. R. Civ. P. 17 18 r. 19 20 21 22 23 26(a)(2)(B). 24 25 26 21 Case 2:03-cv-02343-DGC Document 148-2 Filed 01/04/2006 Page 21 of 99 s. Dr. Evans Federal Bureau of Prisons This witness will testify about the Plaintiff reporting the gang rape and the Plaintiff's medical care associated with the gang rape. Defendants' objection: Failure to disclose pursuant to Fed. R. Civ. P. Kristen Niemeyer FMC Carswell P.O. Box 27066 J Street, Bldg. 3000 Fort Worth, TX 76127 26(a)(2)(B). q. Leslie Powers FMC Carswell P.O. Box 27066 J Street, Bldg. 3000 Fort Worth, TX 76127

This witness will testify about the Plaintiff reporting the gang rape and the Plaintiff's medical care associated with the gang rape.

1 2 3 4

Federal Medical Center, Carswell P.O. Box 27066-J Street, Bldg. 3000 Fort Worth, Texas 76127 This witness will testify about the Plaintiff reporting the gang rape and the Plaintiff's medical care associated with the gang rape. Defendants' objection: Failure to disclose pursuant to Fed. R. Civ. P. 26(a)(2)(B). t. Tavia Crumpler Federal Bureau of Prisons Federal Medical Center, Carswell P.O. Box 27066-J Street, Bldg. 3000 Fort Worth, Texas 76127

5 6 7 8 9 10 11

This witness will testify about the Plaintiff reporting the gang rape and the Plaintiff's medical care associated with the gang rape. Defendants' objection: Failure to disclose pursuant to Fed. R. Civ. P. 26(a)(2)(B).

12 13 14 15 16 17 Defendants' objection: Failure to disclose pursuant to Fed. R. Civ. P. 18 19 v. 20 21 22 23 24 26(a)(2)(B). 25 26 22 Case 2:03-cv-02343-DGC Document 148-2 Filed 01/04/2006 Page 22 of 99 This witness will testify about the Plaintiff reporting the gang rape and the Plaintiff's medical care associated with the gang rape. Defendants' objection: Failure to disclose pursuant to Fed. R. Civ. P. Ms. Ford Federal Bureau of Prisons Federal Medical Center, Carswell P.O. Box 27066-J Street, Bldg. 3000 Fort Worth, Texas 76127 26(a)(2)(B). u. Aimee Gardner Federal Bureau of Prisons Federal Medical Center, Carswell P.O. Box 27066-J Street, Bldg. 3000 Fort Worth, Texas 76127

This witness will testify about the Plaintiff reporting the gang rape and the Plaintiff's medical care associated with the gang rape.

1 2 3 4 26(a)(2)(B). 5 6 7 8

w.

Dr. Adrian Ugarte 612 N. Resler Drive, #B El Paso, Texas 79912

This witness will testify about the Plaintiff's medical care. Defendants' objection: Failure to disclose pursuant to Fed. R. Civ. P.

x.

Mauricio Ernesto Jimenez Suite 2B 1501 N. Mesa Street El Paso, Texas 79902

This witness will testify about the Plaintiff's medical care. 9 Defendants' objection: Failure to disclose pursuant to Fed. R. Civ. P. 10 11 y. 12 13 This witness will testify about the Plaintiff's medical care. 14 Defendants' objection: Failure to disclose pursuant to Fed. R. Civ. P. 15 16 z. 17 18 This witness will testify about the Plaintiff's medical care. 19 Defendants' objection: Failure to disclose pursuant to Fed. R. Civ. P. 20 21 aa. 22 23 This witness will testify about the Plaintiff's medical care. 24 Defendants' objection: Failure to disclose pursuant to Fed. R. Civ. P. 25 26 23 Case 2:03-cv-02343-DGC Document 148-2 Filed 01/04/2006 Page 23 of 99 26(a)(2)(B). Hector Maldonado, M.D. 3260 N. Mesa El Paso, Texas 79902 26(a)(2)(B). Patricia Alcala, M.D. 125 West Hague El Paso, Texas 79902 26(a)(2)(B). Scott Silva. M.D. 7430 Remcon Circle El Paso, Texas 79912 26(a)(2)(B).

1 bb. 2 3 4 5 6 7 8 9 This witness will testify about the Plaintiff's report of the gang rape and 10 11 a. 12 13 14 15 26(a)(2)(B). 16 17 18 19 This witness will testify about the Plaintiff's medical care. 20 21 26(a)(2)(B). 22 23 24 25 This witness will testify about the Plaintiff's medical care. 26 24 Case 2:03-cv-02343-DGC Document 148-2 Filed 01/04/2006 Page 24 of 99 c. Vernon Farthing Santa Fe Correctional Facility 4312 NM 14 Santa Fe, NM 87508 Defendants' objection: Failure to disclose pursuant to Fed. R. Civ. P. b. Karen Geroge Santa Fe Correctional Facility 4312 NM 14 Santa Fe, NM 87508 Thomas E. Welter Santa Fe Correctional Facility 4312 NM 14 Santa Fe, NM 87508 investigation. 3. Plaintiff's Witnesses Who Are Unlikely to be Called at Trial: This witness will testify about the Plaintiff's report of the gang rape, investigation, and medical care of the Plaintiff. cc. Ron Travers New Mexico Corrections Department Albuquerque Probation and Parole Office 3101 Monte Vista NE P.O. Box 4490 Albuquerque, NM 87196 Hector Huerta Pretrial Services U.S. Attorney's Office 555 S. Telshor, Ste. 300 Las Cruces, NM 88011

This witness will testify about the Plaintiff's medical care. Defendants' objection: Failure to disclose pursuant to Fed. R. Civ. P.

1 Defendants' objection: Failure to disclose pursuant to Fed. R. Civ. P. 2 3 4 5 This witness will testify about the Plaintiff's medical care. 6 Defendants' objection: Failure to disclose pursuant to Fed. R. Civ. P. 7 8 e. 9 10 11 This witness will testify about the Plaintiff's medical care. 12 Defendants' objection: Failure to disclose pursuant to Fed. R. Civ. P. 13 14 f. 15 16 17 This witness will testify about the Plaintiff's medical care. 18 Defendants' objection: Failure to disclose pursuant to Fed. R. Civ. P. 19 20 g. 21 22 This witness will testify about the Plaintiff's medical care. 23 Defendants' objection: Failure to disclose pursuant to Fed. R. Civ. P. 24 25 h. 26 25 Case 2:03-cv-02343-DGC Document 148-2 Filed 01/04/2006 Page 25 of 99 Custodian of Records for Santa Fe County Detention Center 26(a)(2)(B). Custodian of Records for Diersen Charities Inc. 1595 W. Picacho Avenue Las Cruces, New Mexico 880045 26(a)(2)(B). Custodian of Records FMC-Carswell P.O. Box 27066 J" Street-Building 3000 Fort Worth, Texas 76127 26(a)(2)(B). Custodian of Records Mauricio Ernesto Jimenez Suite 2B 1501 N. Mesa Street El Paso, Texas 79902 26(a)(2)(B). 26(a)(2)(B). d. Custodian of Records Dr. Adrian Ugarte 612 N. Resler Drive, #B El Paso, Texas 79912

1 2

4312 State Highway 14 Sante Fe, NM 87505 This witness will testify about the Plaintiff's medical care.

3 Defendants' objection: Failure to disclose pursuant to Fed. R. Civ. P. 4 5 i. 6 7 This witness will testify about the Plaintiff's medical care. 8 Defendants' objection: Failure to disclose pursuant to Fed. R. Civ. P. 9 10 11 12 13 This witness will testify about the Plaintiff's medical care. 14 Defendants' objection: Failure to disclose pursuant to Fed. R. Civ. P. 15 16 k. 17 18 19 20 26(a)(2)(B). 21 22 l. 23 24 25 This witness will testify about the Plaintiff's medical care. 26 26 Case 2:03-cv-02343-DGC Document 148-2 Filed 01/04/2006 Page 26 of 99 Custodian of Records of Bernalillo County Metroplitan Detention Center 100 John Dantis Rd. SW Albuquerque, NM 87151 Joyce A. Fielder, Disability Examiner Custodian of Records for Texas Rehabilitation Commission Disability Determination Services 4900 N. Lamar Blvd. Austin, TX 78751 26(a)(2)(B). j. Custodian of Records for Social Security Administrations Ste.102 903 San Jacinto Blvd. Austin, TX 78701 26(a)(2)(B). Custodian of Records for Sandoval County Detention Center 1100 Montoya Road Bernalillo, NM 87004 26(a)(2)(B).

This witness will testify about the Plaintiff's medical care. Defendants' objection: Failure to disclose pursuant to Fed. R. Civ. P.

1 26(a)(2)(B). 2 3 4 5 6 7 8

Defendants' objection: Failure to disclose pursuant to Fed. R. Civ. P.

m.

Mark Hartigan United States Department of Justice United States Marshall Service

This witness will testify about the Plaintiff's report of the gang rape. n. Robert Shaw c/o Jones, Skelton & Hochuli, P.L.C. 2901 N. Centeral, Suite 800 Phoenix, AZ 85012

This witness will testify about CADC. 9 o. 10 11 12 13 14 15 This witness will testify about CADC. 16 qt. 17 18 19 20 21 22 This witness will testify about CADC. 23 s. 24 25 26 27 Case 2:03-cv-02343-DGC Document 148-2 Filed 01/04/2006 Page 27 of 99 Wayne Luff c/o Jones, Skelton & Hochuli 2901 N. Centeral, Suite 800 Phoenix, AZ 85012 Judy Diorio c/o Jones, Skelton & Hochuli 2901 N. Centeral, Suite 800 Phoenix, AZ 85012 Theresa Richmond c/o Jones, Skelton & Hochuli 2901 N. Centeral, Suite 800 Phoenix, AZ 85012

This witness will testify about CADC. p. Maria Villanueva c/o Jones, Skelton & Hochuli 2901 N. Centeral, Suite 800 Phoenix, AZ 85012

This witness will testify about CADC. r. Lola Dundas c/o Jones, Skelton & Hochuli 2901 N. Centeral, Suite 800 Phoenix, AZ 85012

1 2 3 4

This witness will testify about CADC. t. Tammy Richmond c/o Jones, Skelton & Hochuli 2901 N. Centeral, Suite 800 Phoenix, AZ 85012

This witness will testify about CADC. 5 u. 6 7 8 9 10 11 This witness will testify about CADC. 12 w. 13 14 15 16 17 18 This witness will testify about CADC. 19 y. 20 21 22 23 24 25 This witness will testify about CADC. 26 28 Case 2:03-cv-02343-DGC Document 148-2 Filed 01/04/2006 Page 28 of 99 Rubin Salinas c/o Jones, Skelton & Hochuli 2901 N. Central, Suite 800 Phoenix, AZ 85012 Laurie Knapp c/o Jones, Skelton & Hochuli 2901 N. Central, Suite 800 Phoenix, AZ 85012 Mike Mc Richmond c/o Jones, Skelton & Hochuli, P.L.C. 2901 N. Centeral, Suite 800 Phoenix, AZ 85012

This witness will testify about CADC. v. Jerry M. Magee, II c/o Jones, Skelton & Hochuli 2901 N. Centeral, Suite 800 Phoenix, AZ 85012

This witness will testify about CADC. x. Thomas Lopez c/o Jones, Skelton & Hochuli 2901 N. Central, Suite 800 Phoenix, AZ 85012

This witness will testify about CADC. z. Richard Gobea c/o Jones, Skelton & Hochuli 2901 N. Central, Suite 800 Phoenix, AZ 85012

1 2 3

aa.

Angela Patriarca Bernalillo County Detention Center 5800 Shelby Rd. SW Albuquerque, NM 87151

This witness will testify about Plaintiff's medical care. 4 Defendants: 5 (a) 6 1. 7 Ms. Allred, as Plaintiff in this matter, will provide detailed 8 testimony regarding the alleged rape, the circumstances that resulted in Plaintiff's 9 incarceration and subsequent transfer to CADC and FMC-Carswell, as well as a 10 description of her alleged damages. In addition, Ms. Allred will testify regarding her 11 criminal history, mental health history and history of substance abuse, including 12 addiction to methamphetamines. 13 2. 14 15 16 17 18 19 20 21 22 23 24 25 26 29 Case 2:03-cv-02343-DGC Document 148-2 Filed 01/04/2006 Page 29 of 99 Chief of Security Harold Newton c/o Jones, Skelton & Hochuli Chief Newton was aware of Plaintiff's impending arrival at the Central Arizona Detention Center and is expected to testify regarding the information he received from the U.S. Marshals about Plaintiff prior to her arrival. Chief Newton also contacted the staff at R&D to notify them of Plaintiff's arrival. Chief Newton will testify regarding policies and practices of CADC and the R&D Unit, including the policy and practice that female inmates are kept separate from male inmates. Finally, Chief Newton will testify regarding the separation of inmates by jurisdiction and will provide explanations as to identification of inmate jurisdiction by color of uniform and the racial makeup of District of Columbia inmates. 3. Assistant Shift Supervisor Frank Garcia c/o Jones, Skelton & Hochuli Plaintiff Cheryl Allred Witnesses who shall be called at trial:

1 2 3 4 5 6 7 8 9 10 11 12 13

Assistant Shift Supervisor Garcia noted in the R & D Logbook that Plaintiff was arriving at the facility and required a "Constant Watch" for purposes of suicide prevention. Mr. Garcia also signed the "Move Slip" authorizing Plaintiff's movement to the Health Unit. Additionally, Mr. Garcia received the United States Marshals Service notification form in which USMS requested that Plaintiff be isolated during her stay at CADC because she was suicidal. Mr. Garcia will testify regarding policies and practices of CADC and the R&D Unit, including the policy and practice that female inmates are kept separate from male inmates. Finally, Mr. Garcia will testify regarding the separation of inmates by jurisdiction and will provide explanations as to identification of inmate jurisdiction by color of uniform and the racial makeup of District of Columbia inmates. 4. Correctional Officer Amy Padilla c/o Jones, Skelton & Hochuli

CO Padilla recorded Plaintiff's arrival in the facility and processed 14 Plaintiff into the facility. She also escorted Plaintiff to the M edical Unit approximately 15 20 minutes after Plaintiff's arrival in R&D. Officer Padilla will testify regarding her 16 contact with and interaction with Plaintiff. 17 conversations with Plaintiff and statements made by Plaintiff. Officer Padilla will 18 furthermore testify regarding her observations of Plaintiff's demeanor and behavior as 19 well as Plaintiff's failure to report to Officer Padilla that she had been raped. Officer 20 Padilla will testify regarding policies and practices of CADC and the R&D Unit, 21 including the policy and practice that female inmates are kept separate from male 22 inmates. Finally, Officer Padilla will testify regarding the separation of inmates by 23 jurisdiction and will provide explanations as to identification of inmate jurisdiction by 24 color of uniform and the racial makeup of District of Columbia inmates. 25 5. 26 30 Case 2:03-cv-02343-DGC Document 148-2 Filed 01/04/2006 Page 30 of 99 Correctional Officer Handrahan She will also testify regarding any

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15

c/o Jones, Skelton & Hochuli CO Handrahan was the officer assigned to the Medical Unit at the time of Plaintiff's arrival. She recorded the time Plaintiff arrived in Medical in the unit logbook. CO Handrahan will provide information regarding her contact with and interaction with Plaintiff. She will also testify regarding any conversations with Plaintiff and statements made by Plaintiff. Ms. Handrahan will furthermore testify regarding her observations of Plaintiff's demeanor and behavior. Ms. Handrahan will testify that Plaintiff never reported to her that she was raped in R&D. Ms. Handrahan will testify regarding policies and practices of CADC and the R&D Unit, including the policy and practice that female inmates are kept separate from male inmates. Finally, Ms. Handrahan will testify regarding the separation of inmates by jurisdiction and will provide explanations as to identification of inmate jurisdiction by color of uniform and the racial makeup of District of Columbia inmates. 6. Lupe Youtsey, RN c/o Jones, Skelton & Hochuli

Ms. Youtsey was the nurse on duty when Plaintiff arrived in the Medical 16 Unit on 11/28/01. She completed the initial health screening form as well as the intake 17 mental health screening form, which is signed by her and Plaintiff . She will provide 18 information as to her evaluation of, and recollection of, Plaintiff's physical and mental 19 condition on 11/28/01 as well as any medical treatment provided to Plaintiff . Ms. 20 Youtsey will also testify regarding information provided by Plaintiff in conjunction 21 with the initial health screening, including Plaintiff's mental health and medical history. 22 Ms. Youtsey will also testify regarding her observations of Plaintiff's demeanor and 23 behavior. Finally, Ms. Youtsey will testify that Plaintiff never reported to her that she 24 was raped in R&D. 25 7. 26 31 Case 2:03-cv-02343-DGC Document 148-2 Filed 01/04/2006 Page 31 of 99 Bob Moore, RN

1 2 3 4 5 6 7 8 9 10

c/o Jones, Skelton & Hochuli Mr. Moore provided Plaintiff with her medications while Plaintiff was in the Medical Unit on 11/28/01 and 11/29/01. He will provide information regarding Plaintiff's physical and mental condition during that time as well as any medical treatment provided to Plaintiff , including statements made by Plaintiff that "this is a lawsuit waiting to happen." Mr. Moore will also testify regarding his observations of Plaintiff's demeanor and behavior. Finally, Mr. Moore will testify that Plaintiff never reported to him that she was raped in R&D. 8. Correctional Officer Curran c/o Jones, Skelton & Hochuli

CO Curran relieved CO Hanrahan as the Medical Officer. Ms. Curran 11 noted in the logbook that she attempted to feed Plaintiff breakfast and that Plaintiff 12 refused. Ms. Curran will testify regarding her recollection of her interaction with 13 Plaintiff and conversations. Ms. Curran will also testify regarding her observations of 14 Plaintiff's demeanor and behavior. Ms. Curran will testify regarding policies and 15 practices of CADC and the R&D Unit, including the policy and practice that female 16 inmates are kept separate from male inmates. Finally, Ms. Curran will testify regarding 17 the separation of inmates by jurisdiction and will provide explanations as to 18 identification of inmate jurisdiction by color of uniform and the racial makeup of 19 District of Columbia inmates. 20 9. 21 22 23 24 25 26 32 Case 2:03-cv-02343-DGC Document 148-2 Filed 01/04/2006 Page 32 of 99 Correctional Officer Janine Cartwright c/o Jones, Skelton & Hochuli

CO Cartwright escorted Plaintiff from the Health Unit to R&D on November 29, 2001. Ms. Cartwright will testify regarding her recollection of

interaction and conversations with Plaintiff, including Plaintiff's demeanor that morning. Ms. Cartwright will testify regarding policies and practices of CADC and the

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

R&D Unit, including the policy and practice that female inmates are kept separate from male inmates. Finally, Ms. Cartwright will testify regarding the separation of inmates by jurisdiction and will provide explanations as to identification of inmate jurisdiction by color of uniform and the racial makeup of District of Columbia inmates. 10. 11. Correctional Officer Barbara Quiroz Correctional Officer Ricardo Figueroa c/o Jones, Skelton & Hochuli Officers Quiroz and Figueroa transported Plaintiff from the Courthouse in Phoenix to CADC. These Officers will testify as to their recollections of Plaintiff, as well as their interactions with her. These Officers will also testify that they checked their weapons into the armory at approximately 6:55 p.m. Weapons are not allowed into the facility and thus would have been checked into the armory prior to their entering the facility. These Officers will also testify that Plaintiff entered the R&D unit at approximately 7:20 p.m. Officer Quiroz also signed the Prisoner Alert Notice dated 11/28/01 regarding Plaintiff. Officer Quiroz is also expected to testify that the Prisoner Alert Notice was prepared by "Pat" and that Pat is a Detention Enforcement Officer at the Phoenix Marshal Cell Block in the basement at the Phoenix Federal Courthouse. Officers Quiroz and Figueroa will testify as to their understanding of Plaintiff being "red flagged" by the Marshal Service. These officers will testify regarding policies and practices governing transport of inmates and processing into the R&D unit, including CADC's policy and practice that female inmates are separated from male inmates during transport and intake and are never housed or held in the same cell as male inmates. Finally, Officers Quiroz and Figueroa will testify regarding the separation of inmates by jurisdiction and will provide explanations as to identification of inmate jurisdiction by color of uniform and the racial makeup of District of Columbia inmates.

33 Case 2:03-cv-02343-DGC Document 148-2 Filed 01/04/2006 Page 33 of 99

1 2

12.

Bruno Stolc, Warden c/o Jones Skelton & Hochuli, P.L.C.

Bruno Stolc was the Warden at CADC from during the time period 3 Plaintiff alleges she was assaulted. Warden Stolc will testify regarding policy and 4 procedure governing CADC with respect to in-processing of inmates and keeping male 5 and female inmates separate. Warden Stolc will testify regarding the training and 6 instruction provided to CADC correctional officers to ensure male and female inmates 7 are kept separate during transport, R&D processing and incarceration. Warden Stolc 8 will also testify regarding policy and procedure governing the R&D Unit, transport 9 officers and the medical unit. In addition, Warden Stolc will testify regarding the 10 separation of inmates by jurisdiction and will provide explanations as to identification 11 of inmate jurisdiction by color of uniform and the racial makeup of District of 12 Columbia inmates. Finally, Warden Stolc will testify regarding the highly addictive 13 effect of methamphetamine use and its corresponding effects on inmate behavior, 14 including effects upon behavior, demeanor, credibility and personal motivation for gain. 15 13. 16 17 18 19 20 21 22 Officer Gobea was working in the Armory in November of 2001 and is 23 now at the Florence Correctional Center. Officer Gobea will testify as the person who 24 signed out and signed in weapons for Officer Quiroz and Officer Figueroa on or about 25 26 34 Case 2:03-cv-02343-DGC Document 148-2 Filed 01/04/2006 Page 34 of 99 Correctional Officer Rubin Salinas c/o Jones, Skelton & Hochuli

Officer Salinas worked in the Armory in November of 2001. Officer Salinas assigned and signed in weapons for Officer Quiroz and Officer Figueroa on or about November 27 and 28, 2001. Officer Salinas will testify consistent with any and all log entries which memorialize his actions on November 27 and 28, 2001. 14. Correctional Officer Richard Gobea c/o Jones, Skelton & Hochuli

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

November 27 and 28, 2001. Officer Gobea will testify consistent with any and all log entries which memorialize his actions on November 27 and 28, 2001. 15. Dr. Kristy Dromgoole, Ph.D. FMC Carswell Federal Bureau of Prisons P.O. Box 27066-J Street, Bldg. 3000 Fort Worth, Texas 76127 (Testimony by Deposition Designations) Dr. Dromgoole will testify regarding Plaintiff's report to FMC-Carswell mental health personnel that she was forced to shower with men present while at CADC. Dr. Dromgoole will also testify regarding mental health services provided to Plaintiff. Additionally, Dr. Dromgoole will testify regarding Plaintiff's refusal to discuss the details of the alleged CADC incident and that Plaintiff never reported to Dr. Dromgoole that she was raped. Dr. Dromgoole will testify regarding her observations of Plaintiff's demeanor and behavior, her working diagnosis of Plaintiff and the significant lessening of Plaintiff's symptoms during her short stay at FM C-Carswell. Dr. Dromgoole will also testify regarding Plaintiff's focus on her efforts to be released to house arrest as opposed to remaining incarcerated. Dr. Dromgoole will testify consistent with mental health records authored or reviewed by her. 16. John Callegari, P.A.C. FMC Carswell Federal Bureau of Prisons P.O. Box 27066-J Street, Bldg. 3000 Fort Worth, Texas 76127 (Testimony by Deposition Designations) Mr. Callegari will testify regarding the initial medical intake he performed of Plaintiff upon her entry into FMC-Carswell on November 29, 2005. Mr. Callegari will testify that Plaintiff specifically denied a history of rape. Rather, she reported that she had had sexual intercourse two months ago, with her boyfriend.

35 Case 2:03-cv-02343-DGC Document 148-2 Filed 01/04/2006 Page 35 of 99

1 2 3 4 5 6 7 8

Plaintiff also reported a history of abuse of methamphetamines. Mr. Callegari did not observe any signs or symptoms of severe emotional distress. Mr. Callegari will testify regarding all information Plaintiff provided to him regarding her mental, physical and substance abuse history. The testimony will be consistent with all medical/institutional records authored or reviewed by him. 17. Chris Castriotti, Counselor Dierson Charities 1595 W. Picacho Avenue Las Cruces, New Mexico 88005 (Testimony by Deposition Designations)

9 18. 10 11 12 13 14 15 16 17 18 19 20 21 22 19. 23 24 25 26 36 Case 2:03-cv-02343-DGC Document 148-2 Filed 01/04/2006 Page 36 of 99 Paul Davis Probation Officer United States Probation Office District of New Mexico 505 S. Main St - Suite 121 Las Cruces, New Mexico 88001 Dan Judicak, Director Dierson Charities 1595 W. Picacho Avenue Las Cruces, New Mexico 88005 (Testimony by Deposition Designations) Ms. Castriotti and Mr. Judicak will testify regarding reports made by Plaintiff to these employees of Diersen Charities of the alleged rape occurring at the Central Arizona Detention Center on November 28, 2001. These persons will also testify regarding Plaintiff's demeanor and behavior during her stay at the halfway house, her efforts to be released from custody, history of substance abuse, failing of urine tests for drugs and suicide threats. Finally, these witnesses will testify regarding Plaintiff's refusal to live by house rules, the reasons for her leaving the house and circumstances surrounding an incident in which Plaintiff refused emergency medical care, as well as Plaintiff's drug use and/or suicide attempts while at the halfway house.

1 2 3 4 5 20.

(Testimony by Deposition Designations) Ron Travers Probation Officer United States Probation Office District of New Mexico 333 Lomas, N.W., Suite 170 Albuquerque, New Mexico 87102 (Testimony by Deposition Designations)

6 21. 7 8 9 10 (Testimony by Deposition Designations) 11 22. 12 13 14 15 16 17 18 19 (Testimony by Deposition Designations) 20 24. 21 22 23 24 25 26 37 Case 2:03-cv-02343-DGC Document 148-2 Filed 01/04/2006 Page 37 of 99 25. Steve Yarborough, Esq. United States Attorney 201 Third St. NW, Ste. 900 Albuquerque, NM 87120-3305 (Testimony by Deposition Designations) Steve Thrasher United States Probation Office Western District of Texas, El Paso Division 23. Gina Bauman Pretrial Services Officer United States Pretrial Services District of New Mexico 333 Lomas, N.W., Suite 120 Albuquerque, New Mexico 87102 (Testimony by Deposition Designations) Tom Bauman Pretrial Services Officer United States Pretrial Services District of New Mexico 333 Lomas, N.W., Suite 120 Albuquerque, New Mexico 87102 Hector Huerta Pretrial Services Officer United States Pretrial Services District of New Mexico Loretto Towne Centre 505 S. Main, Suite 141 Las Cruces, New Mexico 88001

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17

These witnesses, as identified in USA v. Allred, United States District Court, District of New Mexico, Cause Nos. 1:01CR00886JP; 1:01CR01140JP; 1L01/cr00419DS, had contact with Plaintiff during her criminal proceedings referenced above. These witnesses are expected to testify regarding the details of what reports Plaintiff made to these persons regarding the alleged rape at CADC. These witnesses will also testify regarding Plaintiff's underlying criminal proceedings, including the reasons why Plaintiff was incarcerated at CADC, FMC- Carswell and Diersen Charities halfway house. These witnesses will testify regarding any investigations or action taken upon Plaintiff's reports of rape to these persons and the basis for their conclusions that Plaintiff's allegations were unfounded. Furthermore, these witnesses will testify regarding their observations of Plaintiff's behavior, demeanor and mental condition during this time period. Finally, these witnesses will testify regarding their knowledge of Plaintiff's social, criminal, medical and mental health history, including a history of methamphetamine abuse, as well as Plaintiff's reputation for truthfulness. 26. George E. Sullivan
CORRECTIONS CONSULTANTS

10765 Oak Drive, S.E. Salem, Oregon 97306-9433 Defendants have retained Mr. Sullivan as their corrections expert. Mr.

18 Sullivan has prepared an expert report and analysis regarding the policies and 19 procedures of Cental Arizona Detention Center, including: (1) the appropriateness of 20 housing Plaintiff overnight at Central Arizona Detention Center; (2) the appropriateness 21 of processing men and women "together" in a prison intake unit; (3) the appropriateness 22 of the specific housing and protections provided to Plaintiff; and (4) the feasibility of 23 the alleged rape occurring at CADC as Plaintiff states it occurred. Mr. Sullivan's 24 testimony will be consistent with the information contained in his report. Finally, Mr. 25 Sullivan will testify regarding the highly addictive effect of methamphetamine abuse 26 38 Case 2:03-cv-02343-DGC Document 148-2 Filed 01/04/2006 Page 38 of 99

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19

and its corresponding effects on inmate behavior, including effects upon behavior, demeanor, credibility and personal motivation for gain. 27. Phillip W. Esplin, Ed.D., Psychologist 4242 N. 56 th Street Phoenix, Arizona 85018

Defendants have retained Dr. Esplin to perform a psychological examination of Plaintiff Cheryl Allred. At trial, and as set forth in Dr. Esplin's attached report, Dr. Esplin will testify regarding: (1) the appropriateness of Plaintiff's previous Post Traumatic Stress Disorder and Major Depressive Disorder diagnoses as provided by Queta VanWyngarden, Plaintiff's rape crisis counselor; (2) whether or not Plaintiff suffers from any other mental health conditions which can account for her widely varying accounts of the alleged rape (Personality Disorder); and (3) the current state of Plaintiff's mental health based upon Plaintiff's continuing claims of injury. Finally, Dr. Esplin will testify regarding the highly addictive effect of methamphetamine abuse and its corresponding effects on inmate behavior, including effects upon behavior, demeanor, credibility and personal motivation for gain. Any and all witnesses listed by Plaintiff, even if withdrawn. (b) Witnesses who may be called at trial: 1. Assistant Warden Benny Martinez c/o Jones, Skelton & Hochuli

AW Martinez was the first person at CADC to be informed of the alleged 20 incident. He was notified by fax by Mark Hartigan of the U.S. Marshals Service on 21 March 7, 2002. Mr. Martinez will testify regarding information received from the U.S. 22 Marshals regarding Plaintiff's allegations, the subsequent investigation into the 23 allegations by CADC officials and the conclusions drawn from the investigation. Mr. 24 Martinez will testify regarding policies and practices of CADC and the R& D Unit, 25 including the policy and practice that female inmates are kept separate from male 26 39 Case 2:03-cv-02343-DGC Document 148-2 Filed 01/04/2006 Page 39 of 99

1 2 3 4 5

inmates. Finally, Mr. Martinez will testify regarding the separation of inmates by jurisdiction and will provide explanations as to identification of inmate jurisdiction by color of uniform and the racial makeup of District of Columbia inmates. 2. Investigator John Mills c/o Jones, Skelton & Hochuli

As facility investigator at CADC, Mr. Mills investigated the allegations made 6 by Plaintiff, after receiving information from the USMS on March 7, 2002, that Plaintiff 7 was reporting during her criminal proceedings in New M exico that she had been raped 8 by several male inmates at CADC. Mr. Mills may testify regarding his investigation of 9 Plaintiff's allegations and the conclusions drawn from the investigation depending upon 10 the Court's ruling on Defendants' Motion in Limine relating to the post-investigation. 11 Additionally, Mr. Mills may testify regarding policies and practices governing transport 12 of inmates and processing into the R&D unit, including CADC's policy and practice 13 that female inmates are separated from male inmates during transport and intake and 14 are never housed or held in the same cell as male inmates. Finally, Mr. Mills will 15 testify regarding the separation of inmates by jurisdiction and will provide explanations 16 as to identification of inmates by color of uniform and the racial makeup of District of 17 Columbia inmates. 18 3. 19 20 21 22 23 24 25 26 40 Case 2:03-cv-02343-DGC Document 148-2 Filed 01/04/2006 Page 40 of 99 Michael Samberg, Warden c/o Jones, Skelton & Hochuli

Mike Samberg was the Warden at CADC from late 1997 to April of 2001. Mr. Samberg may testify regarding a fondling incident involving a female U.S. Marshals inmate which occurred on December 22, 1999, in the R&D unit. Warden Samberg may also testify regarding the resulting additional training and instruction provided to R&D because of the above referenced incident. Warden Samberg will testify that the R&D officers were pr