Free Brief (Non Appeal) - District Court of Arizona - Arizona

8 EXHIBIT

Case 2:03-cv-01892-ROS

Document 210-3

Filed 12/29/2006

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1 I LINITED STATESDISTRICT COURT 2 DISTRICT OF ARZONA
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4 TERESAAUGUST, a singlewoman, MARK AUGUST andJANE DOE 5 AUGUST,husband wife, for and themselves asparents and and 6 guardians their minor for child, MARCUS DAKOTA AUGUST, 7 Plaintiffs, 8 vs. No. CV03-1892-PHX-ROS 9 CITY OF PHOENIX, a body 10 politicof the State of Aizona; OFFICERLYLE MONSON 11 andJANE DOE MONSON,husband andwife; OFFICERNICHOLAS 12 LYNDE andJANE DOE LYNDE, husband wife; OFFICERTOBY and 13 DUNN andJANE DOE DUNN, husband wife; OFFICERT. and 14 HEDGECOKEandJANE DOE HEDGECOKE, husband wife; and 15 andR. GRIFFIN andJANE DOE GRIFFIN,husband wife, and t6 Defendalts. I7 18 t9 DEPOSITIONOF SERGEANT JOSEPH TOMORY 20 Phoenix,Aizona January 2005 18, 2l 9:06a.m. 22 23 REPORTED BY: 24 CyndiMorris-Crowe, RPR 25 CertifiedCourtReporter No. 50102

Case 2:03-cv-01892-ROS

Document 210-3

Filed 12/29/2006

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62 -And if youwanted onethingthatyoucould a.
do to help establish whetherthe officers'version of was coffect,would havebeento listento the events radio correct? their contemporaneous transmissions, MS. HOLSMAN: Foundation. THE WITNESS: Yeah,that'snot always accurate. it's a. BY MR. SILVERMAN: Sometimes accurate,
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I though, correct? 2 A. They are not going to dictate what they said
on the -- on -- during the radio transmissions. 4 Generally, how we're trained, is to -- very brief. 5 So generally, not always -- generally, 6 what would have happenedduring this incident would have been an officer at the scenewould have given a 8 Code 4, that the subject was in custody. Generally. 9 a. Well, you were talking earlier about the fact 1 0 that one of the things that you are looking at in the 1 1 recordsis that Ms. August has locked an officer in t 2 the foyer ofher house, correct? 1 3 A. She attemptedto, yes. t4 a. And if that was -- if that, in fact, had 1 5 happened,wouldn't there be some evidenceof that or a t 6 lack of evidence of that in the radio transmissions? l7 A. Not necessarily. 1 8 a. But it could be? 1 9 A. It's possible,sure.
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Case 2:03-cv-01892-ROS

Document 210-3

Filed 12/29/2006

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