Robert Patton - October 5, 2011 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA THOMAS PAUL WEST, et al., ) ) ) Plaintiffs, ) ) v. )No. 2:11-cv-01409-NVW ) ) JANICE K. BREWER, et ) al., ) ) Defendants. ) ________________________) VIDEOTAPED DEPOSITION OF ROBERT PATTON Phoenix, Arizona October 5, 2011 Prepared by: CINDY MAHONEY, RPR, RMR Certified Court Reporter Certificate No. 50680 Coash & Coash, Inc., 602-258-1440 1 Robert Patton - October 5, 2011 1 THE VIDEOTAPED DEPOSITION OF ROBERT 2 PATTON commenced at 9:31 a.m. on October 5, 3 2011, at the Federal Public Defender's Office, 4 850 West Adams, Phoenix, Arizona, before Cindy 5 Mahoney, RPR, RMR, Arizona Certified Court 6 Reporter No. 50680. 7 8 APPEARANCES: 9 For the Plaintiffs: 10 11 12 13 14 FEDERAL PUBLIC DEFENDER DISTRICT OF ARIZONA By: Cary Sandman, Esq. Asst. Federal Public Defenders Capital Habeas Unit 407 West Congress Street Suite 501 Tucson, AZ 85701 520-879-7541 15 16 17 18 19 20 FEDERAL PUBLIC DEFENDER DISTRICT OF ARIZONA By: Robin Konrad, Esq. Asst. Federal Public Defenders Capital Habeas Unit 850 West Adams Street Suite 201 Phoenix, AZ 85007 602-382-2816 21 22 23 24 O'MELVENY & MYERS LLP By: Flora F. Vigo, Esq. Two Embarcadero Center 28th Floor San Francisco, CA 94111 415-984-8700 25 Coash & Coash, Inc., 602-258-1440 2 Robert Patton - October 5, 2011 1 APPEARANCES (cont'd.) 2 3 4 5 6 OFFICE OF THE ATTORNEY GENERAL STATE OF ARIZONA By: Jeffrey A. Zick, Esq. Asst. Attorney General Capital Litigation Services 1275 West Washington Phoenix, AZ 85007 602-542-8594 7 ALSO PRESENT: 8 Karyn Klausner, General Counsel, DOC 9 Jon Baugues, certified videographer 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Coash & Coash, Inc., 602-258-1440 3 Robert Patton - October 5, 2011 4 1 I N D E X 2 WITNESS PAGE 3 ROBERT PATTON 4 Examination by Mr. Sandman 6 5 6 EXHIBITS 7 8 Exhibit 84 Plaintiffs' First Request for Production of Documents 8 9 10 11 12 13 Exhibit 85 Department Order 710 Execution Procedures, effective date: September 15, 2009 18 Exhibit 86 Department Order 710 Execution Procedures, effective date: May 12, 2011 20 14 15 16 17 18 19 Exhibit 87 Document titled injection room/ equipment room/security area based upon Bates 4797 discovery disclosure 175 Exhibit 88 DFS' 26(a)(1) CONFIDENTIAL disclosures & responses to RFP's 0431 184 Exhibit 89 Emails 188 20 21 * * * 22 23 24 25 Coash & Coash, Inc., 602-258-1440 Robert Patton - October 5, 2011 THE VIDEOGRAPHER: 5 09:31:49 1 We are on the 09:31:54 2 record. 09:31:59 3 a.m. 09:32:02 4 the deposition of Robert Patton in the matter 09:32:05 5 of West vs. Brewer, in the United States 09:32:08 6 District Court for the District of Arizona, 09:32:18 7 case number 211-cv-01409-NVW. 09:32:22 8 09:32:25 9 09:32:27 10 Jon Baugues, certified videographer, 09:32:31 11 representing Coash & Coash. 09:32:35 12 deposition is taking place at 850 West Adams, 09:32:40 13 Number 201, Phoenix, Arizona 85007. 09:32:41 14 09:32:46 15 09:32:46 16 09:32:50 17 plaintiffs; with me at counsel table, Robin 09:32:54 18 Konrad and Flora Vigo -- 09:32:55 19 09:32:57 20 defendants. 09:32:58 21 general counsel to the Arizona Department of 09:33:00 22 Corrections. 09:33:00 23 09:33:02 24 09:33:02 25 The time on the video monitor is 9:31 Here begins volume 1, video number 1 in Today's date is October 5, 2011. court reporter is Cindy Mahoney. Our My name is This video Counsel, please identify yourselves and state whom you represent. MR. SANDMAN: MR. ZICK: Cary Sandman for the Jeff Zick for the Also present is Karyn Klausner, THE VIDEOGRAPHER: Would the court reporter please swear in the witness. ROBERT PATTON, Coash & Coash, Inc., 602-258-1440 Robert Patton - October 5, 2011 09:33:02 1 the witness herein, being first duly sworn, 09:33:02 2 09:33:02 3 09:33:12 4 Q BY MR. SANDMAN: 09:33:12 5 A Good morning. 09:33:14 6 Q State your name for the record. 09:33:14 7 A Robert Patton. 09:33:17 8 Q Mr. Patton, have you been deposed 09:33:18 9 before? 09:33:19 10 A One other time. 09:33:21 11 Q Okay. 09:33:27 12 try to follow: 09:33:29 13 a time because the court reporter can't take 09:33:30 14 us down in the transcript if we're talking 09:33:32 15 over each other. 09:33:32 16 A Understood. 09:33:35 17 Q If you don't understand a question 09:33:38 18 that I've asked, you'll be sure to let me 09:33:39 19 know? 09:33:39 20 A Understood. 09:33:42 21 Q Okay. 09:33:44 22 clarification of a question, I'll assume you 09:33:45 23 understood it. 09:33:45 24 A Understood. 09:33:50 25 Q You feel well this morning and ready was examined and testified as follows: EXAMINATION Good morning, sir. So some basic ground rules we One, let's try to talk one at If you don't ask for a Fair enough? Coash & Coash, Inc., 602-258-1440 6 Robert Patton - October 5, 2011 09:33:51 1 to give your deposition? 09:33:52 2 A I do. 09:33:56 3 Q Have you done anything to prepare for 09:33:58 4 09:33:59 5 09:34:03 6 read the policy again. 09:34:04 7 nothing further. 09:34:06 8 09:34:08 9 09:34:09 10 policy? 09:34:09 11 A That's correct. 09:34:12 12 Q Which policy was that? 09:34:12 13 A 710. 09:34:13 14 Q That would be -- 09:34:15 15 A Execution procedures. 09:34:19 16 Q That's director's order 710? 09:34:20 17 A That is correct. 09:34:22 18 Q Okay. 09:34:23 19 attachment F? 09:34:25 20 A I have several times, yes, sir. 09:34:28 21 Q Okay. 09:34:30 22 you -- for your deposition, you reviewed that 09:34:32 23 particular department order and the attachment 09:34:33 24 F? 09:34:33 25 the deposition? A Q I've -- not -- not really, other than Okay. But no, nothing -- So you did one thing to prepare for the deposition. A You read a And did you read the And -- but in preparation from That is correct. Coash & Coash, Inc., 602-258-1440 7 Robert Patton - October 5, 2011 09:34:36 1 Q But you did nothing else to prepare? 09:34:39 2 A Other than I met with my counsel just 09:34:41 3 to go over the ground rules of a deposition, 09:34:41 4 sir. 09:34:43 5 09:34:44 6 09:34:45 7 A Not that I'm aware of. 09:34:47 8 Q Okay. 09:34:47 9 09:34:49 10 09:35:13 11 09:35:14 12 09:35:14 13 09:35:14 14 Number 84 for identification as of October 5, 09:35:15 15 2011.) 09:35:17 16 09:35:21 17 what we marked as Deposition Number 84 -- 09:35:24 18 Exhibit Number 84. 09:35:26 19 09:35:54 20 look through that document. 09:35:58 21 could, sir, if I could refer you to page 1 of 09:36:02 22 the document. 09:36:04 23 09:36:06 24 plaintiffs' first request for production of 09:36:07 25 documents. Q Okay. But you didn't review any other documents? You didn't bring any documents with you? A No. Just my notebook. MR. SANDMAN: What's the next number? I think we're up to 84. (The document was marked as Exhibit Q BY MR. SANDMAN: Sir, I'm showing you If you could take a few moments and Let me -- if I This is identified by its title as Do you see that? Coash & Coash, Inc., 602-258-1440 8 Robert Patton - October 5, 2011 09:36:08 1 A I do. 09:36:09 2 Q Have you ever -- have you ever seen 09:36:10 3 09:36:10 4 A I have not. 09:36:23 5 Q I'd like to reference you to page 11 09:36:30 6 09:36:30 7 A Okay. 09:36:35 8 Q And at the line 24, you see where it 09:36:36 9 09:36:37 10 A I do. 09:36:41 11 Q And then identifies on that page 09:36:46 12 items 1 and 2 and on the following three pages 09:36:50 13 various requests for documents under 15 09:36:52 14 different categories. 09:36:54 15 A I do. 09:36:59 16 Q Have you ever been asked to gather 09:37:03 17 any documents for production in this 09:37:04 18 litigation? 09:37:06 19 09:37:09 20 documents for this. 09:37:11 21 file that -- that I had to produce. 09:37:14 22 09:37:17 23 And have you been asked to provide 09:37:20 24 documents for production in this litigation? 09:37:21 25 this document? of the document. indicates document request? A Q A Do you see that? I've been told that they're gathering Okay. I have no documents on My -- that wasn't my question. No, I have not. Coash & Coash, Inc., 602-258-1440 9 Robert Patton - October 5, 2011 09:37:24 1 Q Okay. I'd like to reference your 09:37:30 2 09:37:30 3 A Okay. 09:37:36 4 Q Item number 1. 09:37:38 5 production of any documents relating to 09:37:39 6 training of medical team members. 09:37:40 7 that? 09:37:42 8 A I do. 09:37:46 9 Q Do you have any such documents? 09:37:48 10 A I do not. 09:37:51 11 Q It also asks for documents for -- of 09:37:54 12 any special operate -- training of any 09:37:59 13 special -- special operations team members. 09:37:59 14 09:38:00 15 09:38:01 16 09:38:02 17 09:38:03 18 09:38:10 19 read through the various requests 1 through 09:38:13 20 15, maybe to -- we could run through this a 09:38:15 21 little quicker. 09:38:20 22 09:38:25 23 documents that fall into any of these 09:39:02 24 categories we've requested. 09:39:11 25 attention to page 11 of Exhibit 84. It asks for Do you see Do you have possession of any of those? A I do not have possession of those, no, sir. Q Okay. Then if I could ask you to I'd like to know whether you have A I finished reading it. No, I do not. Coash & Coash, Inc., 602-258-1440 10 Robert Patton - October 5, 2011 09:39:14 1 Q Could you tell me, sir, what is your 09:39:16 2 09:39:17 3 09:39:21 4 in correctional administrations and a master's 09:39:22 5 in public administration. 09:39:26 6 09:39:26 7 09:39:26 8 09:39:27 9 09:39:30 10 09:39:32 11 09:39:32 12 09:39:34 13 09:39:36 14 09:39:40 15 09:39:43 16 about your work experience post-high school, 09:39:45 17 what your career background is? 09:39:48 18 09:39:51 19 school, got out of the Navy, joined the 09:39:53 20 Department of Corrections in 1985, was a 09:39:56 21 correctional officer; promoted through the 09:39:58 22 ranks from correctional officer 1 to 09:40:00 23 correctional officer 2, sergeant, lieutenant, 09:40:03 24 captain, associate deputy warden, deputy 09:40:05 25 warden, deputy warden of operations up to a educational background post-high school? A Q I have a bachelors of science degree And where did you obtain those two degrees? A My bachelor's degree I got from Wayland Baptist University. My master's degree I got from Northern Arizona University. Q And when did you obtain those degrees? A My bachelor's degree I got in 2004, my master's in 2007. Q A Okay. And can you tell me something I went into the U.S. Navy after high Coash & Coash, Inc., 602-258-1440 11 Robert Patton - October 5, 2011 09:40:06 1 warden. 09:40:07 2 09:40:12 3 Corrections in 2005, went to Nebraska for a 09:40:14 4 year as director of corrections over Douglas 09:40:20 5 County, came back to Arizona; in 2006 went 09:40:21 6 back to work for the Department of 09:40:25 7 Corrections, worked as security operations 09:40:26 8 administrator for a couple of years until I 09:40:30 9 was promoted to division director of offender 09:40:32 10 09:40:35 11 09:40:39 12 of that one-year interruption, did you say it 09:40:41 13 was in 2005 to '06 -- 09:40:42 14 A That's it. 09:40:44 15 Q -- that you have been with the 09:40:45 16 09:40:45 17 A From -- 09:40:46 18 Q -- from 1985? 09:40:49 19 A From '85 to 2005, 20 years, and then 09:40:52 20 a year off from the end of '05 until the end 09:40:53 21 of '06. 09:40:58 22 Q And what is your current title? 09:40:59 23 A Division director of offender 09:41:01 24 09:41:05 25 I retired from the Department of operations in January of last year. Q So it sounds like with the exception Arizona Department of Corrections -- operations. Q We talked a few minutes ago about Coash & Coash, Inc., 602-258-1440 12 Robert Patton - October 5, 2011 13 09:41:08 1 Departmental Order 710, or we made reference 09:41:10 2 to that departmental order? 09:41:11 3 A Correct. 09:41:12 4 Q Could you tell -- explain for the 09:41:16 5 record what is a departmental order within the 09:41:18 6 Arizona Department of Corrections parlance? 09:41:20 7 09:41:23 8 to be followed in any given circumstance. 09:41:26 9 Department orders are written and signed by 09:41:29 10 the director of our agency. 09:41:32 11 authorized to sign a department order. 09:41:33 12 gives guidelines to staff to perform various 09:41:34 13 functions. 09:41:37 14 09:41:42 15 than several department orders currently in 09:41:42 16 effect; correct? 09:41:44 17 A There are several of them, yes, sir. 09:41:46 18 Q There are actually more than several, 09:41:47 19 09:41:47 20 09:41:49 21 09:41:50 22 09:41:50 23 09:41:51 24 09:41:52 25 A Q A department order is the procedures He's the only one And it And there are a number of -- more are there not? A I -- I -MR. ZICK: Q Object to form. BY MR. SANDMAN: Well, let me ask you this. Do -- do you know how many departmental orders there are? Coash & Coash, Inc., 602-258-1440 Robert Patton - October 5, 2011 09:41:53 1 A No, I do not. 09:41:55 2 Q Are there departmental orders 09:41:59 3 09:42:00 4 09:42:01 5 09:42:02 6 09:42:04 7 09:42:06 8 09:42:06 9 09:42:10 10 09:42:13 11 with the Department of Corrections, been 09:42:15 12 responsible for assuring that background 09:42:18 13 checks were done properly? 09:42:21 14 09:42:23 15 please, as far as ensuring they're done 09:42:24 16 properly. 09:42:26 17 09:42:28 18 09:42:29 19 A Correct. 09:42:34 20 Q Does the department order provide for 09:42:35 21 certain procedures to be followed with respect 09:42:37 22 to background checks? 09:42:39 23 A As a hiring authority, yes, sir. 09:42:40 24 Q And have you in any of your positions 09:42:44 25 regarding training of ADC personnel? A There is a department order on training, yes, sir. Q Are there department orders on background checks? A I believe there is a department order on black -- background checks. Q A Q Have you, in any of your positions I need you to clarify that question, Well, there's a department order governing background checks? with the Department of Corrections either had Coash & Coash, Inc., 602-258-1440 14 Robert Patton - October 5, 2011 09:42:48 1 to conduct a background check or to determine 09:42:50 2 whether the procedures for background checks 09:42:51 3 had been followed? 09:42:52 4 A No, sir. 09:42:56 5 Q Okay. 09:42:56 6 09:42:57 7 09:42:59 8 I'm not over the background unit. 09:43:01 9 they were followed, whether the people working 09:43:03 10 in background units are following procedures, 09:43:05 11 I'm not in that place to answer that question. 09:43:08 12 09:43:11 13 checks are required as part of a background 09:43:12 14 check? 09:43:12 15 09:43:13 16 MR. ZICK: 09:43:15 17 Go ahead and answer, if you know. 09:43:16 18 09:43:18 19 about background checks, I'm talking about the 09:43:21 20 type of background check described in -- in 09:43:23 21 the departmental order that's governing 09:43:26 22 background checks. 09:43:26 23 A Correct. 09:43:27 24 Q Okay. 09:43:30 25 A To -- to answer that question fully, So you've done -- you've done neither? A Q A Q I have requested background checks. So whether Do you know whether criminal history They are. Object to form. BY MR. SANDMAN: And when I talk You understand that? Coash & Coash, Inc., 602-258-1440 15 Robert Patton - October 5, 2011 09:43:34 1 for all positions that are being hired into 09:43:36 2 corp require a background check. 09:43:38 3 aware of other positions that may require 09:43:39 4 criminal background check. 09:43:42 5 09:43:43 6 checks are required for certain promotions 09:43:47 7 within the Department of Corrections? 09:43:49 8 09:43:52 9 09:43:52 10 Q Okay. 09:43:54 11 A If it's a non-corp position, I 09:43:55 12 09:43:58 13 09:44:01 14 with the department order that currently 09:44:04 15 exists with -- with respect to training? 09:44:05 16 09:44:05 17 09:44:10 18 09:44:12 19 required at the inception of being hired with 09:44:14 20 the Department of Corrections? 09:44:15 21 09:44:16 22 09:44:19 23 09:44:22 24 as -- for most employment positions at the 09:44:23 25 Department of Corrections? Q A I'm not Do you know whether criminal history If it's into -- if they're going into a corp position, it is required. don't -- do not believe it's required. Q A Okay. And are you familiar at all I'm aware of the department order, yes, sir. Q A And is training -- certain training Depending on the position you're going into. Q And is continuing training required Coash & Coash, Inc., 602-258-1440 16 Robert Patton - October 5, 2011 09:44:23 1 A Yes, sir, it is. 09:44:25 2 Q And is training required for certain 09:44:29 3 09:44:30 4 09:44:33 5 position that requires you to have specific 09:44:34 6 training before you go into that position. 09:44:37 7 09:44:39 8 of Corrections is required to document the 09:44:41 9 occurrence of a training and whether someone 09:44:46 10 09:44:47 11 09:44:49 12 09:44:51 13 Q Have you attended trainings? 09:44:52 14 A Yes, I have. 09:44:54 15 Q Do you have to log into a training? 09:45:01 16 A Yes, you do. 09:45:04 17 Q Now, I think we've already discussed 09:45:08 18 that there is a Department Order 710 that 09:45:13 19 pertains to procedures for executing 09:45:13 20 prisoners; is that right? 09:45:14 21 A That's correct. 09:45:17 22 Q And do you know how long the 09:45:21 23 department has had a procedure or department 09:45:23 24 order regarding execution procedures? 09:45:23 25 promotional reasons? A Q Not that I'm aware of. There's no Are you aware of how the Department has participated in a training? A It's documented, but I could not explain the process. A No, sir, I do not. Coash & Coash, Inc., 602-258-1440 17 Robert Patton - October 5, 2011 Q 18 09:45:28 1 How long have you been -- when -- 09:45:29 2 when -- when did you -- when was the first 09:45:34 3 time you ever became involved in -- in any 09:45:35 4 matter involving an execution procedure? 09:45:41 5 A When I became the division director. 09:45:47 6 Q I didn't write it down, and I'm 09:45:50 7 sorry, but tell me -- you already told me, but 09:45:52 8 can you tell us again when you became division 09:45:54 9 director? 09:45:55 10 09:45:59 11 09:46:09 12 Q 09:46:17 13 forget. 09:46:17 14 09:46:17 15 Number 85 for identification as of October 5, 09:46:18 16 2011.) 09:46:26 17 09:46:30 18 document that we've marked as Exhibit 85. 09:46:34 19 you could take a few moments and just look at 09:46:36 20 that document before I ask you a question 09:47:11 21 about it. 09:47:13 22 A Okay. 09:47:15 23 Q Have you ever seen that document 09:47:15 24 before? 09:47:16 25 A A I believe my actual promotion date was in November of '09, I believe. I wrote it down this time so I won't Sorry. (The document was marked as Exhibit Q BY MR. SANDMAN: I have before you a Numerous times, sir. Coash & Coash, Inc., 602-258-1440 If Robert Patton - October 5, 2011 09:47:20 1 Q Okay. And for the record, for 09:47:24 2 counsel's benefit, this is Department Order 09:47:29 3 710 with only attachment F. 09:47:31 4 other attachments are not contained in the 09:47:31 5 document. 09:47:33 6 09:47:36 7 exhibit before you contains Department Order 09:47:37 8 710 and attachment F? 09:47:40 9 09:47:43 10 Department Order 710. 09:47:49 11 moment, I'll check the attachment. 09:47:51 12 attachment F, pages 1 through 9 in front of 09:47:51 13 me, yes, sir. 09:47:52 14 Q 09:47:55 15 09:47:59 16 09:48:00 17 A No, sir. 09:48:09 18 Q And the -- the document at page -- 09:48:11 19 the first cover page of the document indicates 09:48:16 20 that it became effective September 15, 2009. 09:48:17 21 Do you see that? 09:48:18 22 A I do see that. 09:48:19 23 Q If it had been -- you said that you 09:48:22 24 are familiar with this document. 09:48:24 25 been your understanding that this document I have -- the Did you recognize that, sir, that the A I recognize it as a -- containing Okay. If you'll give me a And I have Thank you. Did you have any role in the drafting of the exhibit that's before you? Is -- has it Coash & Coash, Inc., 602-258-1440 19 Robert Patton - October 5, 2011 09:48:26 1 became effective on September 15, 2009? 09:48:28 2 09:48:29 3 09:48:32 4 09:48:32 5 09:48:34 6 09:48:36 7 division director, at least while this 09:48:41 8 document was in effect, you -- you allowed the 09:48:44 9 ex -- you -- you understood that the document 09:48:46 10 09:49:08 11 09:49:08 12 09:49:08 13 Number 86 for identification as of October 5, 09:49:09 14 2011.) 09:49:15 15 09:49:17 16 09:49:17 17 MS. VIGO: 09:49:18 18 MR. SANDMAN: 09:49:20 19 09:49:23 20 MR. ZICK: No, we can just take one. 09:49:23 21 MS. VIGO: Yeah, we -- we're good. 09:49:30 22 MR. SANDMAN: 09:49:31 23 09:49:31 24 09:49:31 25 A document. That's the effective date on this Q That is correct, sir. And you have operated under this document. In other words, in your position as was effective September '09; is that right? A That is correct. (The document was marked as Exhibit MR. SANDMAN: Do you want -- did I give you both copies of those -Yes. -- or do you both want copies of all of them? Okay. I think that was 86; is that right? THE COURT REPORTER: Q BY MR. SANDMAN: Yes. Okay. Sir, you have Coash & Coash, Inc., 602-258-1440 20 Robert Patton - October 5, 2011 09:49:33 1 before you now a document we marked as Exhibit 09:49:39 2 86. 09:49:43 3 familiarize yourself with that document? 09:49:52 4 A Okay. 09:49:54 5 Q Have you seen this document before? 09:49:56 6 A It's Department Order 710. 09:49:59 7 Q And does this also contain attachment 09:50:00 8 09:50:02 9 A The -- the packet in front of me does 09:50:04 10 09:50:07 11 09:50:10 12 the exhibit or the first page indicates that 09:50:14 13 this document became effective May 12, 2011. 09:50:16 14 Do you see that? 09:50:16 15 A I do see that. 09:50:18 16 Q And have you seen this -- you have 09:50:20 17 seen this particular document with that 09:50:21 18 effective date? 09:50:22 19 A I have. 09:50:26 20 Q Did you have any role in either the 09:50:31 21 09:50:35 22 09:50:36 23 the department order, no. 09:50:40 24 order's been in effect for numerous years. 09:50:43 25 Changes to the department order I -- I have Have you taken a few moments to F? contain attachment F, pages 1 through 9. Q Okay. And the -- the cover page to drafting or creation of Exhibit 86? A I want to clarify that. Drafting of The department Coash & Coash, Inc., 602-258-1440 21 Robert Patton - October 5, 2011 09:50:43 1 had roles in, yes. 09:50:45 2 09:50:47 3 go back to Exhibit 85 for a moment because my 09:50:48 4 question may not have been clear. 09:50:51 5 09:50:55 6 input into the content of Exhibit 85, which 09:50:57 7 was the department order effective September 09:50:59 8 '09? 09:51:01 9 09:51:03 10 have had input into, correct, but not the 09:51:05 11 drafting of the actual department order. 09:51:08 12 09:51:13 13 09:51:14 14 A That is correct. 09:51:27 15 Q I'd like you to look -- if you 09:51:30 16 put -- you could put Exhibit 86 aside for a 09:51:31 17 moment. 09:51:36 18 about Exhibit 85. 09:51:46 19 09:51:52 20 provision at page -- actually the third page 09:51:59 21 of the document under the heading of 710.02, 09:52:05 22 responsibilities? 09:52:10 23 A 710.02, responsibilities. 09:52:15 24 Q And I'll just read a portion of that 09:52:16 25 Q Okay. Let me just back up then and Did you have any role whatsoever or A Q Any changes to the content I would And that would be the same answer for Exhibit 86, which was effective May 12, 2011? I'd like to ask you some questions And my first question relates to a provision into the record. It says that the Coash & Coash, Inc., 602-258-1440 22 Robert Patton - October 5, 2011 09:52:21 1 division director for offender operation 09:52:23 2 provides for the planning and overall 09:52:27 3 direction of all pre-execution, execution, and 09:52:30 4 post-execution activities. 09:52:31 5 Do you see that? 09:52:31 6 09:52:32 7 A You did read that correctly. 09:52:36 8 Q Is that -- and you are the division 09:52:37 9 09:52:38 10 09:52:39 11 A That is correct. 09:52:43 12 Q And you have been in that position 09:52:51 13 during the time that Mr. Landrigan, Mr. King, 09:52:54 14 Mr. Beaty, Mr. Bible, and Mr. West were 09:52:55 15 executed; is that right? 09:52:56 16 A That is correct. 09:53:01 17 Q And during the time when those 09:53:04 18 executions were being planned, you were in the 09:53:07 19 position of division director, and you had the 09:53:10 20 responsibility for the pre-execution, 09:53:12 21 execution, and post-execution activities; is 09:53:14 22 that right? 09:53:19 23 09:53:23 24 09:53:23 25 Did I read that correctly? director of -- for offender operations; correct? A For all of them with the exception of the last one, Mr. West. Q Okay. Coash & Coash, Inc., 602-258-1440 23 Robert Patton - October 5, 2011 09:53:25 1 A I was not present for West's 09:53:25 2 09:53:29 3 09:53:32 4 the -- present on the day of his execution, 09:53:38 5 did you continue to have all of the 09:53:42 6 responsibilities defined in the -- the 09:53:43 7 protocol and the -- 09:53:44 8 09:53:46 9 09:53:50 10 09:53:53 11 09:53:53 12 THE WITNESS: 09:53:56 13 MR. ZICK: 09:53:56 14 THE WITNESS: 09:53:57 15 Krause. 09:54:01 16 Q 09:54:03 17 have or do you have the same responsibilities 09:54:08 18 under Exhibit 86 which was the protocol -- and 09:54:10 19 let me withdraw that -- which is the 09:54:15 20 director's order effective May 2011? 09:54:16 21 A Yes, I do. 09:54:20 22 Q And as part of the responsibilities 09:54:30 23 that you have under director's order 710 and 09:54:38 24 85, Exhibit 85 and 86, or as part of your 09:54:39 25 responsibilities, do you have the execution. Q A Okay. Other than not being there on All of the pre-execution protocols, yes, sir. Q Okay. Who stood in for you on the day of the execution of Mr. West? Counsel? Go ahead. Division Director Laura BY MR. SANDMAN: Okay. And did you Coash & Coash, Inc., 602-258-1440 24 Robert Patton - October 5, 2011 09:54:41 1 responsibility to make sure that other people 09:54:43 2 understand, thoroughly understand the 09:54:45 3 provisions of Department Order 710 and 09:54:47 4 attachment F? 09:54:49 5 MR. ZICK: 09:54:52 6 Go ahead and answer, if you know. 09:54:53 7 THE WITNESS: 09:54:56 8 as division director to ensure staff 09:54:56 9 understand department orders, yes, sir. 09:54:58 10 09:55:01 11 I think we mean the people, other people who 09:55:04 12 have execution and pre-execution 09:55:04 13 responsibilities. 09:55:05 14 09:55:06 15 09:55:08 16 A If you're referring to 710, yes, sir. 09:55:14 17 Q Okay. 09:55:17 18 responsibility to make sure that other people 09:55:19 19 understand the departmental orders, would you 09:55:24 20 agree with me that it's necessary for you to 09:55:27 21 have a thorough understanding of Department 09:55:29 22 Order 710 and it's attachments? 09:55:31 23 09:55:32 24 thorough understanding of all department 09:55:33 25 orders, sir. Q Object to form. I have responsibility BY MR. SANDMAN: Okay. And by staff That's the staff we're talking about; correct? A And since you have the It's important for me to have a Coash & Coash, Inc., 602-258-1440 25 Robert Patton - October 5, 2011 09:55:37 1 Q You -- the answer to my question was 09:55:39 2 09:55:41 3 A The question you asked me? 09:55:42 4 Q Yes. 09:55:43 5 A I would stipulate that, yes. 09:55:49 6 Q Okay. 09:55:50 7 can think of at the Department of Corrections 09:55:54 8 who has greater responsibility for either 09:55:56 9 understanding the department order or making 09:56:02 10 sure that other people, other staff who work 09:56:07 11 on pre-execution and execution process have a 09:56:10 12 -- a good understanding of -- of protocols -- 09:56:11 13 does -- does anybody at the Department of 09:56:11 14 Corrections -- 09:56:11 15 MR. ZICK: 09:56:12 16 MR. SANDMAN: 09:56:12 17 09:56:14 18 MR. ZICK: 09:56:15 19 THE WITNESS: 09:56:16 20 09:56:16 21 I wanted to ask, but it didn't -- didn't come 09:56:17 22 out that way. 09:56:19 23 09:56:22 24 of Corrections -- Corrections -- who has -- is 09:56:25 25 expected to have superior knowledge than -- yes; is that right? And is there anybody that you Objection. Let me -- let me start over. Q Okay. Please. BY MR. SANDMAN: I think I know what Is there anyone within the Department Coash & Coash, Inc., 602-258-1440 26 Robert Patton - October 5, 2011 09:56:27 1 than you are required to have regarding the 09:56:30 2 operations and -- and these procedures in the 09:56:31 3 Department Order 710? 09:56:33 4 MR. ZICK: 09:56:34 5 THE WITNESS: 09:56:36 6 director is the ultimate authority for 09:56:37 7 everything that occurs in the Department of 09:56:39 8 Corrections. 09:56:40 9 09:56:43 10 the department who is expected to have 09:56:46 11 superior knowledge of the content and the 09:56:48 12 provisions of department orders? 09:56:50 13 09:56:51 14 09:56:53 15 09:56:55 16 understand the terms and procedures better 09:56:57 17 than you? 09:56:59 18 09:57:02 19 09:57:07 20 09:57:08 21 you tell me why you have not been designated 09:57:10 22 as a trial witness in the litigation 09:57:13 23 proceedings in this case? 09:57:13 24 09:57:14 25 Q Object to form. I will answer that the BY MR. SANDMAN: A Is there anyone in I'd ask you to clarify superior knowledge. Q A Who is expected to know and No one to my knowledge would have to -- have to know that. Q And given that fact, do you -- can Do you know? MR. ZICK: Object to form. Coash & Coash, Inc., 602-258-1440 27 Robert Patton - October 5, 2011 09:57:14 1 THE WITNESS: I could not answer 09:57:15 2 09:57:20 3 09:57:25 4 specific provision in either department order, 09:57:29 5 Exhibit 85 or 86, and its attachment that you 09:57:31 6 do not understand? 09:57:33 7 MR. ZICK: 09:57:34 8 THE WITNESS: 09:57:38 9 09:57:40 10 the document -- and I think you've said you 09:57:42 11 reviewed it on many occasions -- and did not 09:57:44 12 understand a provision in it, would you have 09:57:46 13 sought clarification? 09:57:46 14 A Yes. 09:57:50 15 Q Can you give me an example when -- of 09:57:52 16 when you -- you did not seek clarification of 09:57:55 17 something you did not understand in -- in 09:57:55 18 either -- 09:57:55 19 MR. ZICK: 09:57:58 20 THE WITNESS: 09:57:58 21 09:57:59 22 09:58:02 23 09:58:03 24 A No. 09:58:12 25 Q Could you tell us what specific that. Q Q BY MR. SANDMAN: Okay. Is there any Object to form. Not that I'm aware of. BY MR. SANDMAN: If you had reviewed Object to form. I won't go down that road, no. Q BY MR. SANDMAN: I'm sorry, I didn't hear your answer. Coash & Coash, Inc., 602-258-1440 28 Robert Patton - October 5, 2011 29 09:58:15 1 duties and responsibilities you have under the 09:58:20 2 Exhibits 85 and 86? 09:58:22 3 09:58:23 4 you want to do that, we can go and read the 09:58:24 5 policy because that's -- that's what I follow. 09:58:25 6 So everybody -- 09:58:27 7 09:58:29 8 09:58:29 9 09:58:31 10 everything that I'm responsible for without 09:58:33 11 reading it straight out of the policy. 09:58:36 12 sir, I would not. 09:58:43 13 09:58:46 14 policy generally what your role is in respect 09:58:49 15 to the selection and retention of special 09:58:56 16 operations team members? 09:58:59 17 09:59:01 18 and recommendation to the director of those 09:59:04 19 that are -- that are placed onto the team. 09:59:06 20 09:59:08 21 procedure that is to be followed in the 09:59:11 22 selection in retention of special operations 09:59:11 23 team members? 09:59:13 24 A 09:59:15 25 A Q We could sit here and read 710. If I -- I don't want to do -- I just want to know without regard to -A Q A Q I -- I would not testify to No, Do you know without looking at the I'm responsible for the appointment And are you familiar with the To be specific on the procedure, I -- I won't testify to. If you'd like me to Coash & Coash, Inc., 602-258-1440 Robert Patton - October 5, 2011 09:59:17 1 read it, I will. 09:59:23 2 09:59:28 3 role is, if any, under Exhibits 85 and 86 in 09:59:29 4 respect to the selection and retention of 09:59:31 5 medical team members? 09:59:32 6 A I am aware. 09:59:34 7 Q And are you able to describe what 09:59:36 8 those responsibilities are that you have under 09:59:38 9 the -- in that category? 09:59:42 10 09:59:44 11 recommendation for the ultimate selection by 09:59:47 12 the director. 09:59:52 13 Q 09:59:54 14 that -- that you -- you have the role of 09:59:57 15 making the final recommendation to the 10:00:01 16 director of those persons who are recommended 10:00:03 17 to be members of the special operations team 10:00:04 18 and the medical team? 10:00:04 19 A That is correct. 10:00:09 20 Q And all of us here know what these 10:00:11 21 terms mean, but -- but when we talk about the 10:00:15 22 special operations team, we're talking about 10:00:18 23 the team that's defined in Exhibits 85 and 86? 10:00:18 24 A That is correct. 10:00:20 25 Q And the same thing for the medical Q A Okay. And are you aware of what your Again, it would be to make a Now, am I understanding correctly Coash & Coash, Inc., 602-258-1440 30 Robert Patton - October 5, 2011 31 10:00:22 1 team, that -- that's a term of art that's 10:00:25 2 defined in Exhibits 85 and 86 as well? 10:00:29 3 A That's correct. 10:00:35 4 Q When you are performing your role in 10:00:39 5 recommending members of the special operations 10:00:41 6 team and the medical team, do you document 10:00:42 7 your activities in that respect? 10:00:43 8 A No, I do not. 10:00:54 9 Q And could you tell me why you do not 10:00:56 10 document any of your activities that you 10:01:00 11 engage in in respect to following the 10:01:02 12 procedures for selecting and recommending 10:01:05 13 members of the special operations team and the 10:01:06 14 medical team? 10:01:08 15 A 10:01:15 16 him for recommendations for the team members. 10:01:15 17 He selects people, brings them to training. 10:01:19 18 do talk to them before the training, after the 10:01:21 19 training, and make my determination based off 10:01:23 20 of that, those two interviews, whether the 10:01:25 21 person remains on the team or not. 10:01:27 22 documented that. 10:01:29 23 10:01:31 24 supervisors have asked you to document your 10:01:34 25 activities in respect to either the selection Q I contact the Florence warden, ask I I have not And I take it that none of your Coash & Coash, Inc., 602-258-1440 Robert Patton - October 5, 2011 10:01:36 1 or retention of members of the special 10:01:39 2 operations team or the medical team? 10:01:39 3 A Not -- no, sir. 10:01:40 4 Q Am I correct? 10:01:42 5 A That's correct. 10:01:42 6 10:01:44 7 10:01:46 8 10:01:49 9 A No one has asked me to. 10:01:55 10 Q Could you tell me if you have any 10:01:58 11 role in -- in respect to the training of the 10:02:02 12 special operations team under either 85 -- 10:02:04 13 Exhibit 85 or 86? 10:02:05 14 A I schedule all trainings. 10:02:07 15 Q Okay. 10:02:09 16 10:02:12 17 10:02:14 18 me back up. 10:02:17 19 trainings. 10:02:21 20 other obligations. 10:02:27 21 going on with special ops, ensuring that they 10:02:28 22 fulfilled their roles. 10:02:30 23 10:02:33 24 Do you document your performance of those 10:02:34 25 responsibilities in any fashion? I have not documented. Q And -- and none of your supervisors have asked you to? Other than scheduling, do you have any other role in respect to training? A Q I attend all trainings -- well, let I've attended the majority of One or two I've missed due to I observe the trainings And in performing those activities, Coash & Coash, Inc., 602-258-1440 32 Robert Patton - October 5, 2011 A 10:02:37 1 10:02:39 2 not document it, but it is documented by a 10:02:39 3 recorder. 10:02:41 4 10:02:42 5 10:02:44 6 A That's correct. 10:02:50 7 Q And do you re -- review the documents 10:02:54 8 prepared by the recorder to make sure they 10:02:55 9 conform to your understanding of what happened 10:02:57 10 10:02:58 11 A No, sir, I have not. 10:03:02 12 Q Does anybody? 10:03:05 13 A I'm unaware of that, sir. 10:03:11 14 Q Do you know what the minimum 10:03:13 15 qualifications are for participation on the 10:03:15 16 special operations team -- 10:03:15 17 A If you'll allow -- 10:03:17 18 Q -- either Exhibits 85 or 86? 10:03:19 19 A If you'll allow me to go to the 10:03:21 20 10:03:23 21 10:03:25 22 for -- if I asked you what the minimum 10:03:28 23 qualifications were for the medical team 10:03:32 24 members, you would direct me to the Exhibits 10:03:35 25 85 and 86 for the answer; is that right? Q It's documented by a recorder. 33 Okay. I do When you say it is, you mean the actual training session? at the training? policy, I'll read them to you, sir. Q And would you have the same answer Coash & Coash, Inc., 602-258-1440 Robert Patton - October 5, 2011 34 10:03:37 1 A That is correct. 10:03:39 2 Q Are you aware, of your own personal 10:03:42 3 knowledge, what the minimum qualifications are 10:03:44 4 for medical team members? 10:03:45 5 10:03:46 6 10:03:47 7 10:03:48 8 the policy, are you aware of what the minimum 10:03:49 9 qualifications are? 10:03:51 10 10:04:00 11 10:04:05 12 10:04:08 13 document in any fashion whatsoever whether a 10:04:10 14 medical team member satisfies the minimum 10:04:14 15 qualifications under the Department Order 710 10:04:17 16 and attachment F? 10:04:19 17 A I would not stipulate that. 10:04:21 18 Q I'm sorry? 10:04:21 19 A I would not stipulate that. 10:04:24 20 Q Okay. 10:04:29 21 document or do you document in some fashion 10:04:33 22 whether or not a medical team member or a 10:04:35 23 special operations team member satisfies the 10:04:38 24 minimum qualifications set out in Exhibits 85 10:04:40 25 or 86? A I could read it out of the policy, Q Without -- without reading it from sir. A Sir, I -- this is a large policy. I do not try to memorize it. Q Would I be correct that you do not Could you tell me, how do you Coash & Coash, Inc., 602-258-1440 Robert Patton - October 5, 2011 A 35 10:04:44 1 I can only stipulate that the medical 10:04:46 2 team leader was selected prior to me becoming 10:04:49 3 division director, so I cannot stipulate what 10:04:51 4 document -- what was documented on the medical 10:04:54 5 team leader as I have not seen the 10:04:55 6 documentation. 10:04:58 7 not done. 10:05:00 8 10:05:04 9 10:05:06 10 all employees that were -- that were reviewed 10:05:11 11 prior to being placed onto the team. 10:05:14 12 stipulate that that was done. 10:05:19 13 10:05:21 14 team leader -- so let's put him -- him aside 10:05:24 15 for a moment -- are you saying that you know 10:05:28 16 that with respect to the other members of the 10:05:35 17 special operations team and the medical team 10:05:38 18 that some of their -- there was some 10:05:39 19 documentation made with respect to whether 10:05:44 20 they satisfied minimum qualifications? 10:05:45 21 10:05:47 22 10:05:49 23 10:05:49 24 10:05:52 25 So I will not stipulate it was I can tell you documentation has been done for the disciplinary background checks on Q A I will So with the exception of the medical If you'll tell me what documentation that is, I can answer the question. Q Well, that was going to be my next question. But for -- my first question is: Coash & Coash, Inc., 602-258-1440 Do Robert Patton - October 5, 2011 10:05:54 1 you know whether there's any documentation 10:06:00 2 whatsoever that demonstrates that the members 10:06:03 3 of the special operations team and the 10:06:07 4 non-leader medical team member satisfy minimum 10:06:10 5 qualifications that are set out in Exhibits 85 10:06:10 6 and 86? 10:06:12 7 A I have no documentation. 10:06:23 8 Q Can you think of any other Department 10:06:29 9 10:06:35 10 qualifications as a contingency for the 10:06:37 11 personnel being put in that position where 10:06:39 12 there's not some documentation within the ADC 10:06:43 13 record with respect to whether or not that 10:06:45 14 person satisfies the qualifications for the 10:06:48 15 job? 10:06:51 16 10:06:52 17 I -- off the top of my head, I can't answer 10:06:54 18 that question. 10:06:57 19 10:07:01 20 that -- that there is, generally speaking, 10:07:05 21 documentation in the ADC file that 10:07:09 22 demonstrates that a person put into a position 10:07:11 23 meets the qualifications for that position; 10:07:12 24 correct? 10:07:15 25 of Corrections position that requires a set of A Q I would be guessing. No, sir, I -- It's your understanding, is it not, MR. ZICK: Object to form. Coash & Coash, Inc., 602-258-1440 36 Robert Patton - October 5, 2011 THE WITNESS: 37 10:07:19 1 I -- I'm still -- I -- 10:07:20 2 I guess I'm not following what your question 10:07:22 3 is. 10:07:23 4 documentation saying they can be a 10:07:25 5 correctional officer? 10:07:26 6 Q BY MR. SANDMAN: 10:07:26 7 A Your -- 10:07:28 8 Q -- my question. 10:07:28 9 take -- 10:07:29 10 A 10:07:31 11 agency, so I guess I would need more 10:07:31 12 specifics. 10:07:33 13 10:07:35 14 question, and I'm glad you asked me to clarify 10:07:35 15 it. 10:07:38 16 10:07:41 17 demonstrating that the qualifications for the 10:07:43 18 position have been satisfied. 10:07:44 19 understand that? 10:07:45 20 A Such as a PDQ? 10:07:47 21 Q Right. 10:07:50 22 10:07:53 23 for that position, hypothetical position. 10:07:54 24 you follow me? 10:07:55 25 If there are correctional officers or Q No, that's not -- Let me -- let me There's thousands of positions in the Okay. That wasn't really my My question goes to documentation Do you There are qualifications 1 through 10 A I do follow you. And again -- Coash & Coash, Inc., 602-258-1440 Do Robert Patton - October 5, 2011 10:07:58 1 Q 10:08:00 2 typically contain some documentation that the 10:08:03 3 individual satisfies whatever the 10:08:05 4 qualifications are for that job? 10:08:07 5 10:08:10 6 I've never seen it because I don't review 10:08:11 7 employee files, I would assume that there 10:08:12 8 would be something there. 10:08:29 9 10:08:34 10 to satisfy yourself that a member of the 10:08:37 11 special operations team or the medical team 10:08:40 12 has satisfied the Department of Corrections 10:08:45 13 training requirements before that team member 10:08:48 14 is allowed to participate in an execution? 10:08:50 15 10:08:52 16 they must participate in at least 10 training 10:08:55 17 practices prior to an execution. 10:08:57 18 team members participated in more than 10 10:08:57 19 prior to an execution. 10:09:00 20 10:09:02 21 you do to -- to -- to verify that that 10:09:04 22 training's been accomplished? 10:09:06 23 A Attending the training myself. 10:09:14 24 Q And do you document in any fashion, 10:09:17 25 A Q A Q Is there -- does -- does the ADC file I would stipulate that I -- although Okay. What do you do, if anything, The department order stipulates that All of my So your -- my question is: What do for your own personal record, who has Coash & Coash, Inc., 602-258-1440 38 Robert Patton - October 5, 2011 10:09:20 1 satisfied or not satisfied -- 10:09:20 2 A As -- 10:09:20 3 Q -- the training requirements? 10:09:22 4 A As stipulated earlier, that's 10:09:23 5 10:09:25 6 10:09:27 7 you did not -- you don't receive a copy of 10:09:28 8 those recording logs? 10:09:29 9 A No, I do not. 10:09:31 10 Q So I'm still trying to understand. 10:09:36 11 10:09:39 12 don't look at the logs, how do you satisfy 10:09:41 13 yourself that -- that each member of the team 10:09:44 14 that's participating in an execution has 10:09:46 15 satisfied their particular training 10:09:47 16 requirement? 10:09:49 17 10:09:51 18 hundred-person team. 10:09:53 19 individually on the team, and I know they've 10:09:55 20 attended the 10 trainings. 10:09:56 21 10:09:59 22 10:10:01 23 10:10:04 24 schedule to ensure everybody has their 10 -- 10:10:09 25 10 -- 10 trainings. documented by a recorder at the training. Q And -- but -- and I think you told me How do you satisfy yourself -- if you A Q It's -- we're not talking a Okay. I know every person So I think your answer is that you rely on your own personal memory? A I'm telling you I rely on my training Coash & Coash, Inc., 602-258-1440 39 Robert Patton - October 5, 2011 Q 40 10:10:12 1 I don't want to quibble with you on 10:10:14 2 this, but I think that what you're telling me 10:10:17 3 is that you rely on your memory of who 10:10:20 4 attended the trainings to satisfy yourself 10:10:22 5 that those members have attended sufficient 10:10:23 6 trainings? 10:10:24 7 10:10:24 8 10:10:25 9 Q BY MR. SANDMAN: 10:10:27 10 A I'm -- I'm not stipulating that. 10:10:29 11 stipulating that the members attend the 10 10:10:32 12 required trainings prior to. 10:10:35 13 10:10:37 14 certain that they've attended the required 10:10:37 15 number? 10:10:40 16 A 10:10:43 17 time I believe now, I schedule the trainings, 10:10:46 18 numerous trainings prior to a scheduled 10:10:48 19 execution. 10:10:53 20 execution attend those trainings. 10:11:07 21 10:11:22 22 again for a moment with me at the second page. 10:11:26 23 In the first paragraph you see where 10:11:27 24 10:11:28 25 A And I've answered that question. MR. ZICK: Q Q Form. Is that correct? And how, again, do you -- can you be As I've stated already for the fifth And those that participate in the I'd like you to look at Exhibit 85 it's entitled purpose? A I'm Yes, sir, I do. Coash & Coash, Inc., 602-258-1440 Robert Patton - October 5, 2011 10:11:30 1 Q And in the -- in the first paragraph, 10:11:35 2 the last sentence of the paragraph reads, this 10:11:38 3 department order outlines internal procedures 10:11:41 4 and does not create any legalable -- legal -- 10:11:44 5 excuse me, legally enforceable rights or 10:11:45 6 obligations. 10:11:46 7 A I do. 10:11:51 8 Q Have you ever seen a department order 10:11:52 9 10:12:02 10 10:12:06 11 10:12:09 12 I -- I don't recall seeing this before, but 10:12:11 13 I'm not saying it's in any other department 10:12:12 14 order. 10:12:13 15 10:12:16 16 10:12:17 17 A Yes, sir. 10:12:21 18 Q What does it mean? 10:12:24 19 A In my interpretation of what this 10:12:26 20 means, the department order outlines the 10:12:28 21 internal procedures that we will follow 10:12:32 22 during -- during the execution and does not 10:12:35 23 create any enforceable rights or obligations 10:12:38 24 to any other party. 10:12:40 25 Do you see that? issued by the Department of Corrections that contains that verbiage? A I'd find it difficult to answer that. I -- I couldn't answer that. Q And do you understand what that provision that I just read to you means? Q So it means what it says; is that Coash & Coash, Inc., 602-258-1440 41 Robert Patton - October 5, 2011 10:12:40 1 right? 10:12:42 2 A That's the way I interpret it. 10:12:56 3 Q Okay. 10:12:58 4 no legally enforceable obligation for you or 10:13:00 5 anyone else to perform this department order. 10:13:03 6 10:13:04 7 MR. ZICK: 10:13:05 8 THE WITNESS: 10:13:08 9 follow every department order. 10:13:09 10 10:13:11 11 10:13:13 12 10:13:15 13 department order signed by the director of 10:13:18 14 this agency. 10:13:27 15 10:13:31 16 section of the Exhibit 85 under 10:13:33 17 responsibility? 10:13:34 18 provisions in there? 10:13:35 19 A Yes. 10:13:41 20 Q And under responsibility, that 10:13:43 21 defines the responsibility of the Department 10:13:46 22 of Corrections; is that right? 10:13:48 23 A Yes. 10:13:51 24 Q Is there anything under the heading 10:13:55 25 And doesn't create -- there's Is that what that's -- that means? Q Object to form. I'm under obligation to BY MR. SANDMAN: Without regard to whether you have a legal obligation to do so? A Q My -- my role is to follow every Are you familiar with the -- the next Are you familiar with the I've read them. of responsibility that addresses any Coash & Coash, Inc., 602-258-1440 42 Robert Patton - October 5, 2011 10:13:56 1 responsibility that the department may have to 10:14:00 2 the inmate that's going to be executed? 10:14:02 3 10:14:04 4 10:14:06 5 10:14:08 6 in the section of Exhibit 85 under the heading 10:14:12 7 responsibility that identifies the specific 10:14:14 8 responsibility to the inmate? 10:14:14 9 10:14:15 10 MR. ZICK: 10:14:15 11 THE WITNESS: 10:14:18 12 your question. Is the word inmate used in 10:14:20 13 that sentence? No. 10:14:21 14 10:14:23 15 10:14:29 16 A It all deals with the inmate. 10:14:36 17 Q Can you point to a particular example 10:14:39 18 of that in the responsibility section of 10:14:43 19 Exhibit 85? 10:14:44 20 10:14:46 21 intent of the law, which to me would mean 10:14:49 22 ensure that it's done professionally and 10:14:53 23 humanely as possible, which is always our 10:14:57 24 intent and our goal. 10:14:59 25 executions, commutation, and other exigencies A No. It's all regarding the inmates that are going to be executed. Q A Q Is there anything specifically in -- I -Object to form. I -- I don't understand BY MR. SANDMAN: Well, not the sentence, but the page -- A Faithful adherence to the letter and Allows for stays of Coash & Coash, Inc., 602-258-1440 43 Robert Patton - October 5, 2011 44 10:15:01 1 up to the time that the sentence is imposed, 10:15:02 2 is absolutely about the condemned inmate. 10:15:02 3 can go on. 10:15:07 4 10:15:09 5 10:15:10 6 responsibilities is the duty to ensure that 10:15:13 7 the inmate is treated in a humane fashion? 10:15:15 8 10:15:18 9 10:15:22 10 10:15:25 11 10:15:28 12 about each of the five executions that have 10:15:30 13 occurred during the past year. 10:15:31 14 A Okay. 10:15:34 15 Q The first one was concerning 10:15:37 16 Mr. Landrigan who was executed I believe 10:15:43 17 October 26 of 2010. 10:15:44 18 10:15:48 19 in conformance with the requirements of the 10:15:51 20 Department Order 710 and exhibit -- attachment 10:15:53 21 F? 10:15:55 22 MR. ZICK: 10:15:56 23 THE WITNESS: 10:15:57 24 10:15:59 25 I So yes, it does speak to the inmate. Q A So you think implicit in the Not only in the responsibilities but as my -- as my role as division director, that is my ultimate responsibility. Q I want to ask you some questions Do you know whether he was executed Object to form. Yes. To my belief, yes, he was. Q BY MR. SANDMAN: To your knowledge, Coash & Coash, Inc., 602-258-1440 Robert Patton - October 5, 2011 10:16:02 1 were there any deviations from the 10:16:07 2 requirements in Department Order 710 and 10:16:08 3 attachment F in connection with 10:16:10 4 Mr. Landrigan's execution? 10:16:11 5 MR. ZICK: 10:16:12 6 THE WITNESS: 10:16:18 7 10:16:21 8 the execution of Mr. King who was executed 10:16:25 9 March 29, 2011. 10:16:26 10 10:16:29 11 executed in conformance with the requirements 10:16:32 12 of Department Order 710 and attachment F? 10:16:33 13 10:16:33 14 10:16:34 15 10:16:38 16 knowledge were there any deviations from 10:16:40 17 Department Order 710 and attachment F in 10:16:42 18 connection with Mr. King's execution? 10:16:43 19 MR. ZICK: 10:16:47 20 THE WITNESS: 10:16:50 21 10:16:53 22 next man executed on May 25, 2011; is that 10:16:54 23 correct? 10:16:55 24 A That is correct. 10:16:57 25 Q Was Mr. Beaty, to your knowledge, Q Object to form. None that I'm aware of. BY MR. SANDMAN: Same questions for To your knowledge, was Mr. King A To my knowledge, yes, sir. MR. ZICK: Q Q Object to form. BY MR. SANDMAN: And to your Object to form. Not to my knowledge. BY MR. SANDMAN: Mr. Beaty was the Coash & Coash, Inc., 602-258-1440 45 Robert Patton - October 5, 2011 10:16:59 1 executed in conformance with the requirements 10:17:02 2 in Department Order 710 and attachment F? 10:17:04 3 10:17:04 4 10:17:06 5 10:17:09 6 10:17:11 7 A That's correct. 10:17:13 8 Q Was Mr. Bible executed in conformance 10:17:19 9 10:17:20 10 10:17:21 11 MR. ZICK: 10:17:22 12 THE WITNESS: 10:17:22 13 10:17:26 14 10:17:29 15 were there any deviations from Department 10:17:32 16 Order 710 or attachment F in connection with 10:17:33 17 Mr. Bible's execution? 10:17:35 18 A Not to my knowledge. 10:17:40 19 Q Do you make it your business to -- to 10:17:45 20 try to determine whether each of those 10:17:49 21 executions was conducted in accordance with 10:17:53 22 the department order and attachment F? 10:17:55 23 10:17:59 24 majority of it, yes. 10:18:01 25 the execution I'm -- I'm not -- I'm not there A To my knowledge. MR. ZICK: Q Object to form. BY MR. SANDMAN: Mr. Bible was executed June 30, 2011; is that right? with the department order and attachment F in effect at the time of his execution? Object to form. To my knowledge, yes, sir. Q A BY MR. SANDMAN: To your knowledge, I can answer that question that the There are some parts of Coash & Coash, Inc., 602-258-1440 46 Robert Patton - October 5, 2011 47 10:18:03 1 for parts of the execution so I -- I can't 10:18:03 2 testify to that. 10:18:07 3 Q Okay. 10:18:08 4 A For example, I'm not in the room when 10:18:12 5 the medical procedure is performed. 10:18:15 6 there -- we bring the inmate in, we restrain 10:18:19 7 the inmate to the table. 10:18:21 8 duties to carry out. 10:18:24 9 the room, medical procedure is done, and I 10:18:28 10 spend the last few moments talking with them. 10:18:29 11 So anything dealing with the medical 10:18:31 12 procedures itself I could not testify to -- 10:18:31 13 Q Okay. 10:18:33 14 A -- as I'm not present during that. 10:18:34 15 Q Understood. 10:18:36 16 10:18:37 17 10:18:39 18 10:18:42 19 chemical room during the execution, I'm not 10:18:44 20 back in the chemical room during the 10:18:46 21 execution. 10:18:49 22 regarding how the chemicals were pushed. 10:18:51 23 I'm not present during that time. 10:18:53 24 Q Anything else? 10:18:55 25 A Not that I'm aware of at this time. And which would those be? I'm I then have other And when I come back in Anything else that you would put into that category? A The actual occurrences inside the So I cannot testify to anything I -- Coash & Coash, Inc., 602-258-1440 Robert Patton - October 5, 2011 10:18:59 1 Q 10:19:03 2 Mr. West's execution, you've already indicated 10:19:06 3 you were not there at all on the day he was 10:19:07 4 executed; correct? 10:19:09 5 10:19:12 6 phone call from my wife that my daughter went 10:19:15 7 into labor two months premature. 10:19:16 8 morning about five. 10:19:20 9 10:19:24 10 before you departed on that family matter, 10:19:27 11 were you satisfied when you left that up to 10:19:32 12 that point that Mr. West's execution had been 10:19:36 13 planned in accordance with the requirements of 10:19:39 14 Department Order 710 and attachment F in 10:19:40 15 effect at the time of his execution? 10:19:41 16 A Yes, I was. 10:19:43 17 Q Were you aware of any deviations that 10:19:45 18 had occurred up to that point in either the 10:19:48 19 department order or attachment F? 10:19:51 20 10:19:51 21 10:19:56 22 10:19:58 23 10:19:58 24 A That is correct. 10:20:01 25 Q By that we mean the insertion of the A Q A Okay. And finally, with respect to I had left that morning. Okay. I got a I left that At least while you were -- Up until I left at 5 a.m., no, sir. No, sir. Q Now, you indicated you are not present to observe the medical procedures? Coash & Coash, Inc., 602-258-1440 48 Robert Patton - October 5, 2011 10:20:02 1 IV; correct? 10:20:02 2 A That is correct. 10:20:06 3 Q You're not -- I think you said maybe 10:20:08 4 you're never there or you're sometimes not 10:20:12 5 there to -- to witness the -- the actual 10:20:13 6 administration of the death chemicals; is that 10:20:13 7 right? 10:20:16 8 10:20:16 9 10:20:21 10 10:20:24 11 10:20:26 12 10:20:28 13 No, sir. 10:20:30 14 end of each execution. 10:20:33 15 10:20:38 16 of any log prepared that documents the 10:20:41 17 execution -- the actual execution procedure? 10:20:42 18 10:20:45 19 or records in my office. 10:20:47 20 maintained as the official book. 10:20:49 21 maintain any of those myself. 10:20:51 22 10:20:54 23 the official document, I want to clarify for 10:20:56 24 the record that you are not furnished a copy 10:20:59 25 to look at; is that correct? A room. I'm not back in the chemical protocol That is correct. Q Okay. But are you provided with logs of -- of those procedures? A Q A Q Am I provided personally those logs? Those logs are gathered up at the Okay. You are not furnished a copy No, sir, I do not maintain any logs Everything's I don't And without regard to who maintains Coash & Coash, Inc., 602-258-1440 49 Robert Patton - October 5, 2011 10:21:01 1 A I've not asked for a copy to look at. 10:21:03 2 Q You could look at a copy if you -- 10:21:03 3 A Absolutely. 10:21:04 4 10:21:09 5 10:21:11 6 might be useful to examine an execution log 10:21:15 7 that documents the execution procedure to try 10:21:19 8 to assess whether your special operations team 10:21:22 9 and medical teams have actually performed the 10:21:24 10 execution in conformance with the requirements 10:21:29 11 of Department Order 710 or attachment F? 10:21:29 12 10:21:31 13 10:21:32 14 absolutely. 10:21:35 15 logs. 10:21:38 16 copy of the log. 10:21:39 17 each execution -- after each execution. 10:21:40 18 10:21:42 19 brings me to the -- the question I really 10:21:44 20 wanted to ask you, which is even though you're 10:21:49 21 not present in the execution room or chamber, 10:21:51 22 you have had access to the execution logs? 10:21:52 23 10:21:52 24 10:21:56 25 If I -- if I requested to look at one. Q And my question is: MR. ZICK: Object to form. THE WITNESS: I have read the logs, But I did not keep a copy of the Your question was: Q A Do you think it Did I maintain a Yes, I read the logs after BY MR. SANDMAN: Okay. I have read the logs. So that That is correct. Q And as part of your responsibility as Coash & Coash, Inc., 602-258-1440 50 Robert Patton - October 5, 2011 10:21:57 1 division director, you would want to review 10:22:00 2 those logs to satisfy yourself that even 10:22:02 3 though you weren't there, the logs themselves 10:22:09 4 demonstrate that the Department Order 710 and 10:22:11 5 the attachment F have been followed? 10:22:13 6 MR. ZICK: 10:22:13 7 THE WITNESS: 10:22:17 8 the question this way. 10:22:18 9 leaders inside of that building. 10:22:21 10 those report directly to me: 10:22:24 11 9 team leader and the special operations team 10:22:28 12 leader. 10:22:32 13 as to what has occurred in the times I 10:22:33 14 weren't -- was not in the room. 10:22:35 15 10:22:37 16 present for the medical procedure, briefs me 10:22:40 17 when I get back into the room that the medical 10:22:43 18 procedure's been complete. 10:22:46 19 team leader briefs me when the chemicals are 10:22:47 20 ready. 10:22:49 21 debrief to talk about anything that may have 10:22:51 22 occurred back in the special operations room. 10:22:52 23 10:22:55 24 record is clear, you do not personally review 10:22:58 25 the logs to assess in that fashion whether the Object to form. I will -- I will answer I have two team Both of The Housing Unit They brief me at each step of the way The Housing Unit 9 team leader is Special operations And at the end of the execution, we Q BY MR. SANDMAN: Okay. So -- so the Coash & Coash, Inc., 602-258-1440 51 Robert Patton - October 5, 2011 10:23:01 1 Department Order 710 or attachment F has been 10:23:03 2 adhered to; is that correct? 10:23:03 3 10:23:05 4 10:23:08 5 your verbal communication with the team 10:23:09 6 leaders. 10:23:10 7 understand? 10:23:11 8 10:23:12 9 10:23:15 10 understand. 10:23:19 11 the logs, but that is not my sole source of 10:23:21 12 information. 10:23:23 13 the people that are in the rooms when those 10:23:25 14 things occur. 10:23:28 15 not my sole source. 10:23:31 16 something I do review. 10:23:33 17 The -- I rely mainly on my briefing 10:23:36 18 by my team leaders who are present when these 10:23:36 19 things happen. 10:23:37 20 10:23:40 21 logs or have you reviewed the execution logs 10:23:43 22 for each of the five executions? 10:23:45 23 10:23:49 24 review any logs for West because I was not 10:23:49 25 there. MR. ZICK: Q Object to form. BY MR. SANDMAN: Is that -- is that what we should MR. ZICK: Object to form. THE WITNESS: Q A You rely instead on No, that's not what you As I've already stated, I do read I rely on what I'm briefed by I look at the logs, but that is That's my -- it's just BY MR. SANDMAN: Do you review the I have not reviewed the -- I did not Coash & Coash, Inc., 602-258-1440 52 Robert Patton - October 5, 2011 Q 10:23:51 1 10:23:53 2 prepared in connection with the other four 10:23:54 3 executions? 10:23:57 4 10:24:00 5 I -- I -- I can't testify that I read every 10:24:01 6 single log that was kept, but I believe I read 10:24:02 7 most of them. 10:24:04 8 Q 10:24:10 9 did review the four logs -- execution logs for 10:24:14 10 Mr. Landrigan, King, Beaty, and Bible, did you 10:24:19 11 have any mind or did you assess at all whether 10:24:22 12 the logs demonstrated to your satisfaction 10:24:25 13 that Department Order 710 and attachment F had 10:24:25 14 been followed? 10:24:27 15 10:24:29 16 10:24:31 17 10:24:32 18 10:24:33 19 A That's my answer. 10:24:37 20 Q My question was -- really goes to 10:24:40 21 10:24:42 22 10:24:45 23 you review them, do you engage in a mental 10:24:49 24 process where you attempt to assess from the 10:24:51 25 content of the log whether Department Order A A Okay. 53 You have reviewed the logs I believe I've read all of them. And when you do review -- or when you As I stated earlier, to my knowledge they had been followed. Q Well, that -- no, that wasn't really my question. your state of mind when you review the logs. And the question simply was: When Coash & Coash, Inc., 602-258-1440 Robert Patton - October 5, 2011 54 10:24:56 1 710 or attachment F has been complied with? 10:24:58 2 A Based solely on the log? 10:25:00 3 Q I -- that wasn't my question. 10:25:01 4 A Well, that's what you keep asking me. 10:25:02 5 Q My question was: 10:25:04 6 A Are you asking me for my state of 10:25:07 7 mind? 10:25:11 8 have I talked to all my team members? 10:25:12 9 believe we followed all the procedures? 10:25:14 10 we done this safely, humanely, and 10:25:17 11 professionally? 10:25:18 12 10:25:20 13 going to tell me whether it was done 10:25:24 14 correctly? 10:25:27 15 the information, a piece of the picture of the 10:25:29 16 enormity of everything that we do. 10:25:33 17 10:25:37 18 Q It'll do. 10:25:49 19 A Okay. 10:25:55 20 10:25:55 21 10:25:56 22 10:25:57 23 10:25:57 24 MR. ZICK: 10:25:58 25 MR. SANDMAN: -- my time. No. Do you -- Well, my state of mind is, you know, Do I Have And then I read the logs. Do I look at the log and say this is No. The log gives me a piece of I hope that answers your question. MR. ZICK: Cary, can we take -- take a -MR. SANDMAN: Let's do that. I was just checking my -Five or ten? It's about Coash & Coash, Inc., 602-258-1440 Robert Patton - October 5, 2011 10:25:59 1 an hour -- 10:25:59 2 THE WITNESS: Yeah. 10:26:00 3 MR. SANDMAN: -- so we'll take a 10:26:00 4 10:26:00 5 MR. ZICK: 10:26:01 6 THE VIDEOGRAPHER: 10:26:03 7 record. 10:26:10 8 10:26 a.m. 10:26:10 9 10:26:14 10 10:39:02 11 10:39:05 12 record. 10:39:08 13 10:39 a.m. 10:39:12 14 10:39:14 15 we -- or at the time we took our little 10:39:18 16 recess, I discovered that you -- you do have a 10:39:23 17 medical condition that -- that may require you 10:39:26 18 to take breaks from time to time during the 10:39:27 19 deposition; is that right? 10:39:30 20 10:39:32 21 I need a break, I'll take it. 10:39:34 22 time to check my blood sugar is all it was. 10:39:35 23 10:39:37 24 check -- you check your blood sugar when -- 10:39:39 25 you have some diabetes, I guess, is the -- break. Yeah. We are off the The time on the video monitor is (A recess was held, after which the deposition resumed as follows:) THE VIDEOGRAPHER: Q A Q We are on the The time on the video monitor is BY MR. SANDMAN: Mr. Patton, before It's -- it's nothing. Okay. Well, yes, if It was just You want to make sure you Coash & Coash, Inc., 602-258-1440 55 Robert Patton - October 5, 2011 10:39:39 1 A Yes, I have diabetes. 10:39:43 2 Q Okay. 10:39:47 3 during any of the questioning that has taken 10:39:51 4 place thus far, was there anything about your 10:39:52 5 medical condition that you think interfered 10:39:54 6 with your ability to give answers? 10:39:58 7 A Absolutely not. 10:40:00 8 Q Okay. 10:40:03 9 10:40:05 10 Even if it's in mid-question, I'm happy to 10:40:07 11 accommodate you in any way that you'd like. 10:40:08 12 10:40:09 13 10:40:15 14 10:40:18 15 morning about some training logs. 10:40:19 16 remember that? 10:40:19 17 A Yes, I do. 10:40:21 18 Q And you said that you did not 10:40:23 19 yourself personally maintain the -- the 10:40:25 20 documents, the training log documents? 10:40:25 21 A That is correct. 10:40:27 22 Q Can you tell us who does? 10:40:30 23 A Those documents are collected by the 10:40:35 24 Housing Unit 9 team leader and are stored at 10:40:38 25 the Florence complex until after the I just want to make sure that I'm perfectly fine. And just let us know whenever you think you might want to have a break. A I -- I appreciate that, but I'm absolutely fine. Q Okay. We talked a little bit this Do you Coash & Coash, Inc., 602-258-1440 56 Robert Patton - October 5, 2011 10:40:40 1 execution. 10:40:42 2 once the execution is complete, given to 10:40:44 3 general counsel, I believe. 10:40:46 4 10:40:48 5 10:40:50 6 10:40:52 7 10:40:54 8 10:41:01 9 10:41:04 10 10:41:06 11 10:41:06 12 10:41:09 13 10:41:12 14 or is that some -- does that position vary 10:41:13 15 from time to -- training to training? 10:41:15 16 10:41:15 17 10:41:17 18 10:41:18 19 THE WITNESS: 10:41:19 20 MR. ZICK: 10:41:21 21 THE WITNESS: 10:41:23 22 10:41:24 23 10:41:26 24 A Every training, sir. 10:41:28 25 Q And what is her position with the Q Then I believe they're given -- And are those training logs available for you to review whenever you'd like to? A If -- if I requested to look at them, yes, sir. Q Yes. And who actually makes the notations on the training logs? A The recorder that is present at the Q And is that a particular individual, time. A It's been the same individual since I've been involved. Q Q Who is that? Counsel? Go ahead. BY MR. SANDMAN: . And does attend the trainings? Coash & Coash, Inc., 602-258-1440 57 Robert Patton - October 5, 2011 58 10:41:29 1 department? 10:41:31 2 A 10:41:34 3 was the 10:41:37 4 warden of the Florence complex. 10:41:42 5 recently been promoted to 10:41:45 6 10:41:53 7 morning about your role in providing input to 10:41:55 8 some amendments that may have been made to 10:42:01 9 either Exhibit 85 or 86. 10:42:04 10 Can you specifically identify any 10:42:07 11 put -- input that you may have had into any 10:42:12 12 amendments that are contained within Exhibit 10:42:14 13 85? 10:42:15 14 MR. ZICK: 10:42:16 15 THE WITNESS: 10:42:19 16 sitting here and reading through this, no, 10:42:20 17 sir, I could not. 10:42:20 18 Q BY MR. SANDMAN: 10:42:22 19 A I can tell you, for example, we went 10:42:24 20 through -- because the -- the department order 10:42:26 21 was so large, we took out redundant things 10:42:29 22 such as the director of the Arizona Department 10:42:31 23 of Corrections was all the way through this 10:42:33 24 thing. 10:42:36 25 said the director. Q At the time of the executions, she to the She's . We also talked a little bit this Object to form. I -- sir, without Okay. So we just reduced it down to where it Everybody knows who the Coash & Coash, Inc., 602-258-1440 Robert Patton - October 5, 2011 10:42:39 1 director is. 10:42:40 2 of Arizona Department of Corrections. 10:42:42 3 we -- we did minor tweaks such as that. 10:42:45 4 10:42:48 5 documentation that you have kept related to 10:42:51 6 any input that you may have had to Exhibit 85? 10:42:55 7 A No, sir, I do not. 10:42:58 8 Q Did you ever have such documentation? 10:42:59 9 A No, sir, I did not. 10:43:02 10 Q Okay. 10:43:05 11 10:43:08 12 10:43:11 13 10:43:13 14 10:43:15 15 compare 85 and 86 to see exactly what the 10:43:17 16 changes were and tell you whether I was 10:43:19 17 responsible for the tweaks or not. 10:43:22 18 10:43:25 19 critical, but you can't remember specifically 10:43:28 20 what input you may have had into Exhibit 86 10:43:30 21 without actually going through each provision 10:43:31 22 in the document? 10:43:32 23 10:43:34 24 provision, sir, no. 10:43:40 25 that. Q You don't have to say director Okay. So And do you have any And the same questions for Exhibit 86. Are you able to identify anything in -- within that document? A Q A I would have to take the time to Okay. You just -- and I'm not being Without -- without reading each No, I could not answer Coash & Coash, Inc., 602-258-1440 59 Robert Patton - October 5, 2011 10:43:42 1 Q 10:43:58 2 Exhibit 85 at page -- I'm going to refer to 10:44:00 3 the page numbers at the bottom of the page. 10:44:04 4 This says 710, page 3 at the bottom right-hand 10:44:05 5 corner. 10:44:06 6 A Yes, sir. 10:44:16 7 Q And actually, if you turn back to 10:44:18 8 the -- the prior page, page 2 under the 10:44:26 9 section responsibilities, this is the section 10:44:29 10 710.02 that directs that you have 10:44:35 11 responsibility for selecting or recommending 10:44:37 12 the teams that participate in -- in the 10:44:39 13 execution; is that right? 10:44:41 14 A That is correct. 10:44:44 15 Q And then at the next page, page 3, 10:44:47 16 among the teams that you're responsible for 10:44:49 17 assembling is the Housing Unit 9 team? 10:44:49 18 A That is correct. 10:44:57 19 Q And what is the Housing Unit 9 team? 10:44:59 20 A They -- they perform the overall 10:45:02 21 coordination of the activities of the 10:45:03 22 restraint team. 10:45:05 23 10:45:11 24 10:45:13 25 Q If you could turn your attention to Okay. And I'm looking at page 3 under section 1.1.24. A 1.1.24, yes, sir. Coash & Coash, Inc., 602-258-1440 60 Robert Patton - October 5, 2011 10:45:15 1 Q And it says, the primary function of 10:45:16 2 the Housing Unit 9 team is the overall 10:45:21 3 coordination of activities of the pre, 10:45:24 4 post-execution restraint team and the special 10:45:26 5 operations team? 10:45:26 6 A That's correct. 10:45:30 7 Q Is the special operations team then 10:45:33 8 sort of part of Housing Unit 9 team, to your 10:45:34 9 understanding? 10:45:35 10 10:45:37 11 10:45:39 12 10:45:40 13 10:45:41 A Everybody is part of Housing Unit 9 team, sir. Q Including the special operations 14 A That's correct. 10:45:41 15 Q Okay. 10:45:43 16 A The team leader for -- for that 10:45:44 17 10:45:49 18 10:45:53 19 10:45:56 20 describes the special operations team, does it 10:45:59 21 not, in section 1.1.4? 10:46:01 22 A That is correct. 10:46:06 23 Q And indicates that the team members 10:46:08 24 and the team leader are selected by the 10:46:12 25 division director for offender operations with team? overall function is the housing -- is the . Q Then further down on that page 3, it Coash & Coash, Inc., 602-258-1440 61 Robert Patton - October 5, 2011 10:46:14 1 the approval of the department director; is 10:46:14 2 that -- 10:46:15 3 A That is correct. 10:46:19 4 Q And so you make the initial selection 10:46:22 5 and recommend those team members to the 10:46:23 6 director; correct? 10:46:33 7 A That is correct. 10:46:39 8 Q And section 1.1.4.4 indicates that 10:46:42 9 10:46:44 10 team is to implement the protocols associated 10:46:47 11 with the execution with its primary duty being 10:46:50 12 the administration of the chemicals; is that 10:46:51 13 right? 10:46:52 14 A 10:46:53 15 correct, sir. 10:46:54 16 Q 10:46:57 17 primary function, to your understanding, of 10:46:57 18 the special operations team? 10:47:00 19 10:47:00 20 10:47:12 21 10:47:20 22 10:47:22 23 10:47:28 24 beginning of a section 1.6. 10:47:33 25 710.03, subsection 1.6; is that correct? the primary function of a special operations That is what this states. That's And is that true that that's the A That is their primary function, yes, Q I'd like you to turn to page 7 -- sir. 710, page 7 of Exhibit 85. At the top of the page is the That's part of Coash & Coash, Inc., 602-258-1440 62 Robert Patton - October 5, 2011 10:47:34 1 A That is correct. 10:47:38 2 Q And that begins a description of some 10:47:42 3 other obligations that you have had under 10:47:44 4 Department Order 710? 10:47:45 5 A That is correct. 10:47:52 6 Q And if you could just read through 10:47:55 7 1.6 and its subsections, I want to have a -- 10:47:58 8 I'll have some questions for you about those, 10:48:01 9 but I'd like you to just read through 1.6 10:48:03 10 10:48:05 11 A Aloud or to myself? 10:48:08 12 Q No, no, just to yourself just -- 10:48:08 13 A Okay. 10:48:20 14 Q -- so you can refresh your memory. 10:48:32 15 A I have read it. 10:48:42 16 Q Okay. 10:48:45 17 10:48:47 18 A Yes, it does. 10:48:51 19 Q And when do you do that? 10:48:53 20 A Annually. 10:48:58 21 Q And do you have any documentation of 10:49:02 22 10:49:05 23 10:49:06 24 10:49:09 25 through 1.6.3. Section 1.6 directs that you establish an annual training schedule? your performance of that responsibility? A I -- I'm asking the question of what documentation are you asking for? Q My question was: Do you create any Coash & Coash, Inc., 602-258-1440 63 Robert Patton - October 5, 2011 64 10:49:13 1 or have any documentation that demonstrates 10:49:15 2 that you establish an annual training schedule 10:49:16 3 every year? 10:49:20 4 10:49:22 5 documentation, no. 10:49:25 6 when we -- when we did training, yes, sir. 10:49:29 7 Did I put out a memo saying here 10:49:32 8 are -- here are the days we're going to? 10:49:32 9 did not. 10:49:35 10 10:49:38 11 training schedule established and 10:49:41 12 communicated? 10:49:44 13 A How is it communicated to who, sir? 10:49:47 14 Q Well, do you communicate -- once 10:49:50 15 you -- once you establish an annual training 10:49:52 16 schedule, do you communicate that schedule to 10:49:53 17 anyone? 10:49:55 18 A 10:49:57 19 10:50:07 20 10:50:07 21 10:50:12 22 Do you actually prepare an annual 10:50:15 23 schedule, or do you impromptu just announce 10:50:18 24 when the trainings are going to be and -- 10:50:19 25 A Q I place it on my calendar. Okay. Official I have documentation of I No. So how is the -- the annual I inform the team at each practice when the next practice will be. Q Okay. And so I guess I'm still trying to understand. A As I answered, sir, I place the Coash & Coash, Inc., 602-258-1440 Robert Patton - October 5, 2011 10:50:21 1 annual training on my calendar, and then I 10:50:23 2 announce it at each training to each staff 10:50:25 3 member when the next training will be held. 10:50:28 4 10:50:33 5 10:50:34 6 A Yes, sir, we did. 10:50:37 7 Q And is that schedule documented on 10:50:38 8 10:50:40 9 10:50:42 10 numerous executions, we did not do all the 10:50:44 11 dates that were -- that we had put down 10:50:46 12 because we were doing executions at the same 10:50:50 13 time. 10:50:52 14 required training, believe me. 10:50:54 15 10:50:56 16 trainings than -- than you had established in 10:50:58 17 your annual training schedule? 10:50:59 18 10:50:59 19 10:51:02 20 10:51:07 21 10:51:10 22 10:51:12 23 required trainings but, again, much more 10:51:14 24 because we had an execution in 2010. 10:51:15 25 Q And what is the -- did you establish an annual training schedule for the year 2011? your calendar? A It is documented. But due to the So we went well above and beyond the Q A So you're saying that you had more Much, much more than we had scheduled. Q And did you also establish an annual training schedule in 2010? A Q Yes. We -- we met our at least 10 Okay. Do you have your calendars Coash & Coash, Inc., 602-258-1440 65 Robert Patton - October 5, 2011 10:51:17 1 where you documented? 10:51:18 2 A No, sir, I do not have my calendars. 10:51:21 3 Q Not -- I don't mean with you, but do 10:51:23 4 you -- do you have the calendars that you've 10:51:26 5 required to as containing the annual training 10:51:26 6 schedules for -- 10:51:28 7 10:51:31 8 10:51:34 9 10:51:36 10 10:51:44 11 10:51:48 12 what month are we on? 10:51:50 13 already be shredded. 10:51:51 14 every month. 10:51:53 15 10:51:54 16 clean slate now. 10:51:56 17 October calendar that -- 10:51:57 18 10:51:59 19 any more scheduled trainings this year, no, 10:52:01 20 sir, because we've more than met the 10:52:03 21 requirement for the year. 10:52:03 22 Q Okay. 10:52:04 23 A I did at first was -- we would have 10:52:06 24 probably executed -- or, executed -- would 10:52:11 25 have finished training in September anyways. A No, sir. It's my desk calendar, and I destroy it at the end of the year. Q And the -- where is the schedule for A It would be everything through -- 2011? Q A Okay. September would be -I shred my desk calendar So you're in a -- you have a You have a -- you have an I have no more -- I -- I do not have Coash & Coash, Inc., 602-258-1440 66 Robert Patton - October 5, 2011 10:52:15 1 We're only required to do 10, and we do much 10:52:17 2 more than that. 10:52:20 3 two to three times each time. 10:52:23 4 in there and do a five-minute training, then 10:52:25 5 leave. 10:52:30 6 most days. 10:52:34 7 10:52:39 8 here in 1 -- section 1.6.1, that would include 10:52:43 9 the -- the training for the special operations 10:52:44 10 10:52:49 11 10:52:52 12 10:53:00 13 Q Okay. 10:53:00 14 A Yes, sir. 10:53:03 15 Q -- it says that prior to any 10:53:06 16 scheduled execution, the Housing Unit 9 team 10:53:08 17 shall conduct a minimum of two training 10:53:11 18 sessions 48 hours prior to the scheduled 10:53:12 19 execution. 10:53:14 20 A That is correct. 10:53:22 21 Q And again, that reference to -- or 10:53:25 22 that requirement that I just read you would 10:53:26 23 include a requirement for the special 10:53:27 24 operations team? 10:53:29 25 Each time we train, we train We don't walk It's an entire day's worth of training Q Now, the training we're talking about team; is that right? A That is the special operations team and the restraint team. A And then in section 1.6.1.2 -- And the -- and the medical team. Coash & Coash, Inc., 602-258-1440 67 Robert Patton - October 5, 2011 10:53:30 1 Q Okay. 10:53:32 2 A Even if the execution's on a Tuesday, 10:53:35 3 10:53:39 4 10:53:40 5 10:53:44 6 10:53:46 7 on to say that the medical personnel shall 10:53:49 8 participate in these two sessions, referring 10:53:53 9 to the two training sessions 48 hours prior to 10:53:54 10 10:53:56 11 10:53:58 12 hours prior. 10:54:00 13 execution, we do training both days and 10:54:03 14 numerous sessions, not just two. 10:54:04 15 Q To include the medical personnel? 10:54:06 16 A To include the medical personnel. 10:54:09 17 Q And who are the medical personnel? 10:54:11 18 A We have a medical team leader and an 10:54:16 19 10:54:23 20 10:54:25 21 all training sessions shall be documented and 10:54:29 22 submitted to the general counsel for archive. 10:54:29 23 A That is correct. 10:54:32 24 Q Your -- your understanding is that's 10:54:32 25 we practice on a Sunday. Q And that was going to be part of the my next question. That same subsection, 1.6.1.2, goes the execution. A We -- we -- we practice 48 hours, 24 So the two days prior to the assistant to him. Q And then the section 1.6.1.3 says, exactly what occurs? Coash & Coash, Inc., 602-258-1440 68 Robert Patton - October 5, 2011 10:54:34 1 A That -- it's my understanding that 10:54:34 2 10:54:36 3 10:54:38 4 sessions shall be documented, is it your 10:54:41 5 understanding that that means that there shall 10:54:42 6 be documentation of who attended each 10:54:44 7 training? 10:54:45 8 A No, that is not my understanding. 10:54:48 9 Q Okay. 10:54:51 10 session shall be documented, is it your 10:54:53 11 understanding that it need not document 10:54:54 12 whatsoever who attended? 10:54:57 13 10:55:02 14 reasons. 10:55:03 15 revised statute for their identity to be -- 10:55:06 16 and I do everything in my power to make sure 10:55:08 17 that their names are not brought forward. 10:55:08 18 It's the reason you see me turn to general 10:55:11 19 counsel when you ask questions about those. 10:55:11 20 Q Okay. 10:55:11 21 A And I strenuously object to having to 10:55:12 22 10:55:14 23 10:55:15 24 10:55:17 25 that has occurred. Q A When it says that all training So when it says training I do not list my staff for privacy They're protected under Arizona give those names. Q Okay. And we won't be asking you for those names here today. A And so I do not list their names, no, Coash & Coash, Inc., 602-258-1440 69 Robert Patton - October 5, 2011 10:55:17 1 sir. 10:55:18 2 10:55:21 3 10:55:25 4 10:55:27 5 you've drawn that important distinction, 10:55:31 6 should the training records document the 10:55:34 7 attendance of certain personnel who attend 10:55:35 8 those trainings -- 10:55:35 9 A It doc -- 10:55:35 10 Q -- to your understanding? 10:55:39 11 A It documents -- the special ops team 10:55:41 12 is there, the Housing Unit 9 team is there, 10:55:45 13 medical team is there, myself is there. 10:55:48 14 Correct. 10:55:51 15 10:55:53 16 necessarily what the records actually 10:55:55 17 document. 10:56:01 18 10:56:07 19 division director you understand that the 10:56:09 20 procedures in Department Order 710 require 10:56:13 21 that the records document the attendance of at 10:56:15 22 least the special operations team and the 10:56:16 23 medical team; is that correct? 10:56:18 24 10:56:20 25 Q And certainly not without -- not -- not without the advice of your counsel. So I need to understand then, since Q My name's public record. Okay. My question really goes to not My question really goes to whether as A It -- it requires that we document that the training was held. I do understand Coash & Coash, Inc., 602-258-1440 70 Robert Patton - October 5, 2011 10:56:21 1 that. 10:56:24 2 10:56:28 3 held, but that -- which of the special 10:56:30 4 operations team members and medical team 10:56:32 5 members attended should also be documented? 10:56:33 6 A I do not see that in there. 10:56:36 7 Q Okay. 10:56:38 8 10:56:39 9 10:56:48 10 the procedure in 710, 1.6.1.3 says that the 10:56:50 11 division director for offender operations 10:56:53 12 shall document all training and testing 10:56:59 13 activities, it need not, to comply with that 10:57:03 14 subsection, document who, among the members of 10:57:05 15 the special operations team and medical team, 10:57:07 16 were present for a training? 10:57:09 17 10:57:09 18 10:57:10 Q And not just that the training was All right. So that's -- that's what I want to -- I want to understand. When the -- when the regulate -- when A That is not my interpretation, no, 19 Q Okay. 10:57:12 20 A That I document that the training 10:57:12 21 10:57:21 22 10:57:23 23 you document -- that you document in any 10:57:26 24 fashion which of the special operation team 10:57:28 25 members or medical team members attended a sir. What is your interpretation? occurred. Q Okay. There's no requirement that Coash & Coash, Inc., 602-258-1440 71 Robert Patton - October 5, 2011 10:57:29 1 training; correct? 10:57:30 2 A That is my interpretation. 10:57:49 3 Q Okay. 10:57:52 4 attachment F. 10:57:55 5 A In the same exhibit? 10:57:56 6 Q Yes. 10:57:57 7 A 85? 10:57:57 8 Q Yes. 10:58:01 9 A Okay. 10:58:04 10 Q I would like you to -- I would like 10:58:18 11 to reference your attention to page 1 of 9 of 10:58:18 12 attachment F. 10:58:20 13 10:58:22 14 10:58:22 15 A I do, sir. 10:58:25 16 Q And I would like you to take whatever 10:58:31 17 time you need to familiarize yourself with the 10:58:33 18 sections B and C of attachment F. 10:58:58 19 A Okay, sir. 10:59:01 20 Q Why don't we -- does everybody agree 10:59:03 21 we can go off the record for a -- or do you 10:59:04 22 want to stay on? 10:59:05 23 10:59:06 24 10:59:06 25 I'd like you to -- to turn to You can see it says page 1 of 9 in the upper left-hand corner? MR. ZICK: Give me a moment. No, go ahead. We can go off the record. THE VIDEOGRAPHER: We are off the Coash & Coash, Inc., 602-258-1440 72 Robert Patton - October 5, 2011 10:59:09 1 record. The time on the video monitor is 10:59:12 2 10:59 a.m. 10:59:12 3 10:59:35 4 11:00:19 5 11:00:23 6 record. 11:00:24 7 a.m. 11:00:28 8 11:00:32 9 11:00:41 10 710, Exhibit 5 at section 1.6.3 that says the 11:00:42 11 division director for offender operations 11:00:45 12 shall document all training. 11:00:45 13 that? 11:00:47 14 A I do recall that. 11:00:54 15 Q And documentation of training and the 11:00:56 16 requirement for document -- documentation of 11:00:59 17 training is not only required in the 11:01:03 18 director's Departmental Order 710, it is also 11:01:13 19 required in attachment F. 11:01:14 20 MR. ZICK: 11:01:14 21 THE WITNESS: 11:01:17 22 that a question? 11:01:18 23 here in attachment F as well. 11:01:21 24 11:01:22 25 (There followed a discussion off the record.) THE VIDEOGRAPHER: Q We are on the The time on the video monitor is 11 BY MR. SANDMAN: We had been discussing a provision in Department Order Q Do you recall Is that correct? Is that a question? I was going to -- is I believe it's -- it's in BY MR. SANDMAN: Okay. So the documentation -- or the requirement for Coash & Coash, Inc., 602-258-1440 73 Robert Patton - October 5, 2011 11:01:29 1 documentation of training is repeated, finds 11:01:32 2 itself in the department order and in 11:01:34 3 attachment F in -- in multiple places in 11:01:35 4 attachment F; is that right? 11:01:37 5 11:01:38 6 11:01:48 7 11:01:52 8 the title of that section is medical team 11:01:53 9 member selection and training; is that right? 11:01:54 10 A That is correct. 11:01:59 11 Q And under section B7 of attachment F, 11:02:02 12 it says that any documentation establishing 11:02:08 13 qualifications, including training of the team 11:02:09 14 members, shall be maintained. 11:02:10 15 that? 11:02:12 16 A I do see that. 11:02:17 17 Q Would you agree with me that that 11:02:22 18 subsection requires that there be some 11:02:24 19 documentation maintained that establishes that 11:02:29 20 each member of the medical team has had the 11:02:31 21 training that's required, and then that's to 11:02:32 22 be documented? 11:02:34 23 11:02:37 24 conduct the 48-hour prior training with the 11:02:40 25 medical team members but not list them by A I would stipulate that. That is correct. Q A Now, in attachment F, subsection B, Do you see I would stipulate that we have to Coash & Coash, Inc., 602-258-1440 74 Robert Patton - October 5, 2011 11:02:42 1 names. I see nothing in there that requires 11:02:46 2 me to list them by names. 11:02:49 3 11:02:59 4 document that a particular team member has had 11:03:02 5 the training without writing that down 11:03:03 6 someplace? 11:03:05 7 11:03:06 8 11:03:07 9 11:03:10 10 11:03:16 11 that unless somebody writes down either a log 11:03:18 12 or something is -- is maintained that -- that 11:03:20 13 demonstrates that a person attended the 11:03:21 14 training at a particular date? 11:03:22 15 11:03:25 16 11:03:29 17 11:03:37 18 F, subsection B7 requires you to document when 11:03:39 19 a medical team member attends a particular 11:03:40 20 training? 11:03:42 21 A I would not stipulate that. 11:03:59 22 Q Have you discussed with anybody other 11:04:03 23 than your counsel the -- the meaning of the 11:04:07 24 paragraph B7 of attachment F or -- 11:04:09 25 Q A Could you tell us how you would I can document that the team was trained. Q No, I know. My question was: A How do you document I will stipulate that I do not require that to be kept. Q A Would you stipulate that attachment I've not discussed the meaning of B7 Coash & Coash, Inc., 602-258-1440 75 Robert Patton - October 5, 2011 11:04:12 1 with anyone, including my counsel. 11:04:15 2 11:04:16 3 you've unilaterally determined that you would 11:04:21 4 not document when a medical team member has 11:04:24 5 attended a training? 11:04:25 6 MR. ZICK: 11:04:27 7 THE WITNESS: 11:04:28 8 11:04:29 9 11:04:32 10 decided not to document when medical team 11:04:34 11 members have attended a training? 11:04:34 12 MR. ZICK: 11:04:36 13 THE WITNESS: 11:04:41 14 11:04:42 15 11:04:44 16 that there's a provision within Department 11:04:47 17 Order 710 or it's attachment that instructs 11:04:50 18 you not to document when a medical team member 11:04:50 19 attends a training? 11:04:53 20 11:04:54 21 Department Order 710 or the attachment that 11:04:57 22 tells me I have to document them by name when 11:05:05 23 they attend training. 11:05:11 24 11:05:15 25 Q And would it be fair to say that Object to form. I'm not -- I -- I don't understand your question. Q BY MR. SANDMAN: Have you consciously Object to form. Consciously decided? I -- I'm telling you it's in black and white. Q A Q BY MR. SANDMAN: You're telling me I'm telling you there's nothing in Is there anything in Department Order 710 or attachment F that requires you to Coash & Coash, Inc., 602-258-1440 76 Robert Patton - October 5, 2011 11:05:20 1 document that a medical team member has 11:05:23 2 satisfied their training requirements by an 11:05:27 3 identifier other than their name; for example, 11:05:30 4 by the identifier medical team leader or 11:05:32 5 medical team member? 11:05:34 6 11:05:39 7 11:05:45 8 11:05:50 9 86, which was the department order effective 11:05:57 10 May 2011 with its attachment F -- is it your 11:06:01 11 understanding that that document has identical 11:06:04 12 provisions regarding training -- training 11:06:06 13 requirements to those identified in Exhibit 11:06:08 14 85? 11:06:11 15 A I'm not aware of any changes to -- 11:06:11 16 Q Okay. 11:06:13 17 A -- to attachment F between the two. 11:06:17 18 Q And I take it that you interpret 11:06:23 19 Exhibit 86 -- insofar as its training 11:06:25 20 requirements and the documentation necessary 11:06:26 21 to demonstrate those training requirements 11:06:29 22 were met, you interpret the -- Exhibit 86 the 11:06:31 23 same way you do Exhibit 85? 11:06:33 24 11:06:34 25 A I do not know anywhere in the department policy that requires me to do that. Q A Is it your understanding that Exhibit I not only interpret it, but that's the way it reads. Coash & Coash, Inc., 602-258-1440 77 Robert Patton - October 5, 2011 11:06:58 1 Q Paragraph C in attachment F -- it's 11:07:06 2 on the next page, that has the identical 11:07:07 3 verbiage for the special operations teams 11:07:11 4 regarding documentation that's to be 11:07:14 5 maintained that establishes training of team 11:07:14 6 members? 11:07:15 7 A That is correct. 11:07:22 8 Q And you likewise interpret section C7 11:07:27 9 11:07:29 10 documentation demonstrating that special 11:07:34 11 operations team members have had the training 11:07:36 12 required by Department Order 710? 11:07:37 13 11:07:39 14 that we have training records to document 11:07:43 15 special operations team receive their -- their 11:07:44 16 required training. 11:07:45 17 Q But not the medical team? 11:07:48 18 A And we do have that, the medical team 11:07:50 19 did. 11:07:52 20 training but not by name. 11:07:54 21 have it listed by name, and that's what you've 11:07:54 22 been asking me the whole time. 11:07:56 23 11:07:58 24 if you identify them by an identifier such as 11:07:59 25 medical team leader, medical -- to not require that you maintain any A I do not stipulate that. I stipulate Everybody receives their required Q I don't -- don't No, I -- I also asked you if you -- Coash & Coash, Inc., 602-258-1440 78 Robert Patton - October 5, 2011 11:08:00 1 A No, sir, I do not. 11:08:02 2 Q You have to let me finish my 11:08:03 3 11:08:04 4 A Go ahead. 11:08:07 5 Q I have not asked you specifically or 11:08:09 6 only whether you have documented them by their 11:08:12 7 real name, have I? 11:08:12 8 A No, sir. 11:08:15 9 Q I have also asked you whether you're 11:08:18 10 required to document the attendance of team 11:08:20 11 members, be they special operations team or 11:08:23 12 medical team members, by their designation of 11:08:27 13 member 1, member 2, member 3 for medical -- 11:08:28 14 11:08:29 15 11:08:38 16 11:08:40 17 within the Department of Corrections, to your 11:08:43 18 knowledge, that establishes that the medical 11:08:50 19 team members have had required training? 11:08:50 20 11:08:55 21 that the medical team practiced as required, 11:08:58 22 but not by an identifier of medical team 11:09:01 23 leader, medical team member 1, et cetera, as 11:09:02 24 you have explained it. 11:09:03 25 question. A I do not document them that way either, sir. Q A Q Okay. Is there any documentation There is documentation that shows Okay. So how -- how does the Coash & Coash, Inc., 602-258-1440 79 Robert Patton - October 5, 2011 11:09:05 1 documentation demonstrate that the medical 11:09:07 2 team members had their training? 11:09:09 3 11:09:14 4 11:09:26 5 Q This one's already marked. 11:09:29 6 A Thank you. 11:09:35 7 Q I've handed you what was previously 11:09:38 8 11:09:38 9 A Uh-huh. 11:09:42 10 Q What I'd like you to do is to take 11:09:44 11 some time to review those records, and why 11:09:47 12 don't we go off the record again? 11:09:47 13 11:09:47 14 11:09:50 15 record. 11:09:54 16 11:09 a.m. 11:09:54 17 11:10:01 18 11:12:38 19 11:12:42 20 record. 11:12:45 21 11:12 a.m. 11:12:47 22 11:12:50 23 11:12:52 24 11:12:53 25 A I would -- I'd have to look at the actual documentation, sir. marked as Exhibit 59. A Okay. THE VIDEOGRAPHER: We are off the The time on the video monitor is (There followed a discussion off the record.) THE VIDEOGRAPHER: We are on the The time on the video monitor is Q BY MR. SANDMAN: Sir, have you had a chance to take a look at Exhibit 59? A Yes, sir. I went -- went through the documents. Coash & Coash, Inc., 602-258-1440 80 Robert Patton - October 5, 2011 11:12:57 1 Q Have you seen this document before 11:12:57 2 11:13:00 3 A I've seen the notes. 11:13:04 4 say I've seen all the notes before, but I have 11:13:07 5 read a majority of the execution -- those that 11:13:09 6 are marked execution notes, I've read several 11:13:10 7 of those which list the different scenarios 11:13:15 8 that we ran. 11:13:18 9 11:13:24 10 that there are training -- there is training 11:13:26 11 documentation that's maintained by the 11:13:26 12 department? 11:13:28 13 11:13:29 14 11:13:43 15 11:13:48 16 reviewing the -- the documents or the pages in 11:13:50 17 Exhibit 59 that there's no documentation that 11:13:54 18 the medical team leader has ever attended a -- 11:13:54 19 execution training? 11:13:56 20 11:14:01 21 are listed on the back were not kept with 11:14:05 22 my -- at my direction. 11:14:07 23 that's not on there. 11:14:10 24 direction that they even kept these, listing 11:14:12 25 the names of those in attendance. or -- Q A I -- I can't Did you testify a few minutes ago This would be the training documentation I was referring to, sir. Q A Okay. And did you observe in Those confidential documents which So I did observe that But it was not at my Coash & Coash, Inc., 602-258-1440 81 Robert Patton - October 5, 2011 11:14:13 1 MR. SANDMAN: Okay. Can you read 11:14:29 2 11:14:29 3 11:14:29 4 11:14:34 5 11:14:40 6 understand your testimony to suggest that 11:14:45 7 documents -- documentation of the medical team 11:14:49 8 leader's attendance at training sessions was 11:14:52 9 not documented at your -- at your direction? 11:14:54 10 11:14:57 11 yes, sir, is not documented, but it was not -- 11:14:59 12 none of these names that are documented here 11:15:01 13 that you see -- and let me explain this. 11:15:03 14 11:15:05 15 it has a list of names. 11:15:08 16 blacked out; some of them are there. 11:15:13 17 form was not kept at my direction. 11:15:15 18 form that you see, the execution notes itself, 11:15:18 19 was kept at my direction. 11:15:22 20 11:15:27 21 clear, the record is clear, we're looking at 11:15:29 22 page 1 of Exhibit 59? 11:15:30 23 A Yes, sir. 11:15:34 24 Q It's entitled execution notes? 11:15:35 25 A That is correct, sir. that answer back, please? (The answer was read by the reporter.) Q A BY MR. SANDMAN: So am I to The name of the medical team leader, If you'll go to even the second page, Q Okay. Some of them are This The first So let's -- just so we're Coash & Coash, Inc., 602-258-1440 82 Robert Patton - October 5, 2011 11:15:37 1 Q It has a number at the top right-hand 11:15:40 2 corner, 0214. 11:15:40 3 A Yes, I do. 11:15:42 4 Q And you're saying that these notes 11:15:44 5 11:15:45 6 11:15:47 7 11:15:55 8 11:15:57 9 11:15:59 10 11:16:00 11 A That is correct, sir. 11:16:02 12 Q And would it be fair to say that all 11:16:03 13 those execution notes are prepared and 11:16:04 14 maintained at your direction? 11:16:08 15 A They are, yes, sir. 11:16:11 16 Q And let's take a look at the second 11:16:17 17 11:16:21 18 11:16:23 19 11:16:26 20 11:16:27 21 it being maintained, but I did not -- it was 11:16:33 22 not at my direction. 11:16:39 23 11:16:42 24 don't require any documentation to be 11:16:46 25 maintained that would designate or show that Do you see that? are maintained at your direction? A That shows the practice date and the scenarios that we did, yes, sir. Q Okay. And these are the -- and there are ex -- other examples of execution notes throughout Exhibit 59; is that right? page of Exhibit 59. Any of the information maintained on this page maintained at your direction? A Q No, sir, it's not. I don't object to And would it be fair to say that you Coash & Coash, Inc., 602-258-1440 83 Robert Patton - October 5, 2011 11:16:51 1 the medical team leader has attended a 11:16:52 2 training; correct? 11:16:53 3 A That is -- that is correct, sir. 11:16:59 4 Q Okay. 11:17:02 5 you don't require that documentation to be 11:17:04 6 maintained either by designating the actual 11:17:07 7 name of that medical team leader or the term 11:17:08 8 medical team leader? 11:17:10 9 A That is correct, sir. 11:17:27 10 Q Have you given a direction to anyone 11:17:33 11 that the -- the medical team members' 11:17:35 12 attendance at a training not be documented? 11:17:36 13 11:17:39 14 11:17:49 15 11:17:56 16 59 that there's some reference to the medical 11:18:01 17 team member, not the leader, but the medical 11:18:06 18 team member attending some of the trainings? 11:18:07 19 11:18:07 20 11:18:21 21 11:18:24 22 medical team member's attendance and the 11:18:26 23 record of his attendance was not -- is not 11:18:29 24 documented at your direction; is that right? 11:18:31 25 A And that question assumes that I have never given that direction, no, sir. Q A Did you observe in reviewing Exhibit Yes, sir. He is in several of the trainings. Q A Okay. But his attendance -- the The names that are listed there, Coash & Coash, Inc., 602-258-1440 84 Robert Patton - October 5, 2011 85 11:18:35 1 again, were not at my direction by name. 11:18:55 2 11:19:07 3 11:19:09 4 A Okay. 11:19:17 5 Q Section -- we're on the same page, 11:19:19 6 page 7. 11:19:19 7 A Page 7? 11:19:21 8 Q We're -- we're still in section 1.6. 11:19:23 9 A Okay. 11:19:31 10 Q 1.6.1.2 provides that a minimum of 11:19:34 11 two training sessions 48 hours prior to a 11:19:35 12 scheduled execution. 11:19:37 13 A Yes, sir. 11:19:40 14 Q What is a training session? 11:19:42 15 A A training session -- we actually 11:19:44 16 hold several training sessions in one day as 11:19:47 17 you'll see from the different scenarios. 11:19:50 18 bring the medical team together -- or excuse 11:19:53 19 me, we bring the special ops team together, 11:19:56 20 the restraint team together, Housing Unit 9 11:20:00 21 team leader together, and, depending if we're 11:20:02 22 going to do a full simulation, which means 11:20:04 23 bringing in outside team, or just an in -- 11:20:07 24 what we call an inside team training, and then 11:20:11 25 we -- we walk through the execution. Q If I could ask you to return to Exhibit 85, please. We Coash & Coash, Inc., 602-258-1440 Robert Patton - October 5, 2011 11:20:13 1 At several of the different 11:20:14 2 execution -- at several of the different 11:20:16 3 trainings, I will come up with a different 11:20:21 4 scenario -- a fouled syringe, inmate's 11:20:22 5 uncooperative -- to test our staff's ability 11:20:28 6 to react to those situations. 11:20:31 7 anywhere from two to six simulations a day. 11:20:34 8 11:20:37 9 11:20:37 10 that correct? 11:20:39 11 A That's correct. 11:20:39 12 Q Okay. 11:20:41 13 A You may have six training sessions in 11:20:41 14 11:20:43 15 11:20:45 16 could meet all of your -- your training 11:20:50 17 requirements for the year on the day prior to 11:20:50 18 the execution? 11:20:52 19 11:20:56 20 11:20:58 21 11:21:02 22 11:21:04 23 11:21:06 24 wouldn't have a well-prepared team if you 11:21:13 25 tried to do it all 48 hours prior to, no. Q Okay. And we'll run So a training session is -- is each separate rehearsal of an execution; is one day. Q A Okay. No. So you could really -- you Because you're required 48 hours prior to. Q Well, you can meet all your training sessions for the year within 48 hours? A Theoretically, yes, but you -- you Coash & Coash, Inc., 602-258-1440 86 Robert Patton - October 5, 2011 Q If you could turn to page 10. 87 11:21:27 1 I'd 11:21:30 2 11:21:32 3 A I'm sorry, I didn't hear that. 11:21:36 4 Q Page 10, I'd like you to look at 11:21:37 5 11:21:38 6 A Okay. 11:21:53 7 Q -- .1 through .7, 1.9.37. 11:22:09 8 A Okay. 11:22:11 9 Q Are you familiar with these sections 11:22:14 10 11:22:15 11 A I am familiar with it. 11:22:20 12 Q Are they the same in Exhibit 86 which 11:22:22 13 11:22:28 14 A I believe some of that has changed. 11:22:31 15 Q Is that in respect to the requirement 11:22:35 16 for a psychological -- psychological exam for 11:22:37 17 the special operation team's -- team members? 11:22:39 18 11:22:39 19 11:22:41 like to have you look at section 1.9. section 1.9 -- of Department Order 710? is the May 2011 protocol? A I believe that's one example, yes, 20 Q Any others that you can recall? 11:22:42 21 A That one caught my attention. 11:23:01 22 Q Okay. 11:23:06 23 11:23:09 24 11:23:18 25 sir. So section 1.9.1 provides that certain individuals will review team rosters. That would include the special operations team, would it not? Coash & Coash, Inc., 602-258-1440 Robert Patton - October 5, 2011 11:23:19 1 A I'm sorry, you'll have to read 11:23:20 2 11:23:22 3 Q I'm sorry, section 1.9.1. 11:23:22 4 A Uh-huh. 11:23:26 5 Q It says, ASPC-Eyman or 11:23:30 6 ASPC-Perryville and ASPC-Florence warden shall 11:23:32 7 review the current team rosters and recommend 11:23:35 8 retention and replacement of staff and 11:23:37 9 alternates to the division director for 11:23:38 10 11:23:40 11 11:23:41 12 11:23:45 13 11:23:50 14 for retention and replacement of team members, 11:23:51 15 that would include the special operations 11:23:51 16 team? 11:23:54 17 A That would be so. 11:23:55 18 Q How do you receive those 11:23:57 19 11:23:59 20 11:24:03 21 the team, I call at the time -- the Florence 11:24:05 22 warden at the time who was also the Housing 11:24:08 23 Unit 9 team leader. 11:24:11 24 have an opening on special operations trying 11:24:14 25 to stay within the local geographical area. specifically where you're asking again. offender operations. A That's correct. It's the Florence warden and myself. Q And the recommend -- recommendations recommendations? A I -- if a position becomes open on We would discuss that we Coash & Coash, Inc., 602-258-1440 88 Robert Patton - October 5, 2011 11:24:17 1 If he had a recommendation for a replacement, 11:24:21 2 he would then talk to staff that he was aware 11:24:26 3 of and call me back with the recommendation. 11:24:30 4 11:24:32 5 11:24:34 6 recommendations for retention and re -- 11:24:36 7 retention and replacement? 11:24:38 8 11:24:41 9 11:24:43 10 times. 11:24:46 11 removed from the team, which I have not had 11:24:47 12 one yet, that would be a recommendation from 11:24:50 13 Housing Unit 9 team leader or even the special 11:24:53 14 ops team leader. 11:24:55 15 should not remain on the team, they could 11:24:56 16 bring that to me. 11:24:57 17 11:24:59 18 recommendations made to you regarding 11:25:03 19 retention of team members? 11:25:08 20 A No, sir. 11:25:10 21 Q That's all done verbally, not in 11:25:11 22 11:25:16 23 A That is correct. 11:25:18 24 Q Is it also true that any 11:25:25 25 Q Okay. That's if you have an opening. This section refers to A This -- the Housing Unit 9 team leader and I review all team members at all Anybody that we feel would need to be Q If they felt that someone Is there any documentation of any writing? recommendations that are made to you and which Coash & Coash, Inc., 602-258-1440 89 Robert Patton - October 5, 2011 11:25:28 1 in turn you refer to the director are also not 11:25:29 2 in writing? 11:25:33 3 A That is correct. 11:25:40 4 Q Then the next provision in 1.9.3 11:25:43 5 provides that in the selection and retention 11:25:46 6 of team members, the division director for 11:25:49 7 offender operations shall consider a number of 11:25:51 8 items that are listed below that; is that 11:25:51 9 right? 11:25:55 10 A That is correct. 11:25:58 11 Q And among other things, it requires 11:26:03 12 that you consider each team member's personnel 11:26:05 13 file? 11:26:06 14 A That is correct. 11:26:09 15 Q And again, when I refer to team 11:26:14 16 member, in this particular discussion I'm 11:26:16 17 referring to special operations team members; 11:26:17 18 is that fair? 11:26:21 19 A That is fair, sir. 11:26:25 20 Q So do you review each special 11:26:27 21 11:26:29 22 A I have them reviewed, sir. 11:26:30 23 Q I'm sorry? 11:26:33 24 A I had them reviewed by Division 11:26:34 25 operation team member's personnel file? Director Krause. Coash & Coash, Inc., 602-258-1440 90 Robert Patton - October 5, 2011 11:26:37 1 Q Is that a subordinate to you? 11:26:39 2 A No. 11:26:41 3 11:26:46 4 11:26:47 5 A Laura Krause. 11:26:48 6 Q Krause, I'm sorry. 11:26:53 7 11:26:55 8 she reviewed personnel files of the special 11:26:56 9 operation team members? 11:26:58 10 11:27:00 11 prior disciplinary history on any of the 11:27:02 12 employees that would disqualify them from 11:27:03 13 participating in this activity. 11:27:06 14 11:27:08 15 11:27:08 16 A No. 11:27:10 17 Q Got to let my finish my question. 11:27:10 18 A I'm sorry. 11:27:12 19 Q You know what I'm going to ask. 11:27:16 20 A Yes, sir. 11:27:19 21 Q Would -- would Ms. Krause document 11:27:21 22 any of her communications with you regarding 11:27:27 23 her -- her review of the personnel files of 11:27:30 24 the proposed special operation team members? 11:27:32 25 She's an equal to me. She's over personnel. And then would -- is it Ms. Cross? Would Ms. Krause report to you after A Q She would. She was looking for any And would Ms. Krause document her communications with you regarding -- A I'm sorry. I'm sorry. I will qualify it by saying I do not Coash & Coash, Inc., 602-258-1440 91 Robert Patton - October 5, 2011 11:27:35 1 recall her ever sending me an email stating, 11:27:40 2 you know, I checked Officer Smith's file, and 11:27:42 3 he's disciplinary free. 11:27:44 4 doing that. 11:27:46 5 picked up the phone and called me and said, 11:27:48 6 you know, you're looking at putting this 11:27:50 7 person on the team. 11:27:51 8 he's clear. 11:27:52 9 11:27:53 10 11:27:55 11 11:27:58 12 personal file, Robert. 11:27:59 13 disciplinary. 11:28:00 14 participate on the team. 11:28:03 15 majority of communications. 11:28:06 16 receiving an email documenting the names. 11:28:18 17 11:28:21 18 informed you that any of the special 11:28:24 19 operations team members had a disciplinary 11:28:24 20 record? 11:28:28 21 A 11:28:29 22 11:28:33 23 11:28:40 24 11:28:40 25 Q I -- I don't recall I -- I know most of the time she I reviewed the file and I'm sorry, I didn't hear the last part of your answer. A Q I've looked at Officer Joe Smith's He's free of He's clear to -- he's clear to That -- that is the I do not recall Do you recall whether Ms. Krause ever She did not disqualify anybody that I gave her. MR. SANDMAN: Can you read back my question, please? (The question was read by the Coash & Coash, Inc., 602-258-1440 92 Robert Patton - October 5, 2011 11:28:40 1 reporter.) 11:28:45 2 11:28:46 3 response on each one was they were clear -- 11:28:48 4 cleared for the prior 12 months, which is 11:28:53 5 required by policy. 11:28:55 6 11:29:00 7 whether Ms. Krause ever informed you that any 11:29:02 8 proposed member of the special operations team 11:29:06 9 had a disciplinary -- disciplinary record at 11:29:07 10 11:29:09 11 11:29:11 12 to me. 11:29:16 13 months. 11:29:18 14 Q 11:29:21 15 she only report on the employee's disciplinary 11:29:23 16 record during the past 12 months? 11:29:24 17 11:29:34 18 11:29:39 19 11:29:43 20 the first sentence says, each proposed team 11:29:47 21 member's personnel file, particularly 11:29:49 22 disciplinary issues, shall be considered. 11:29:51 23 11:29:53 24 11:29:55 25 THE WITNESS: Q And my answer is her BY MR. SANDMAN: Do you recall any time? A No, she would not have disclosed that The request was for the previous 12 A Your direction to Ms. Krause was that That is what is required by the policy, yes, sir. Q Can you tell me -- in section 1.9.3.1 Can you tell me what that means? A To review the personnel file and look at particularly disciplinary issues, just as Coash & Coash, Inc., 602-258-1440 93 Robert Patton - October 5, 2011 11:29:55 1 it says. 11:29:58 2 11:30:00 3 reviewing the file for only the last 12 11:30:01 4 months, is it? 11:30:03 5 11:30:06 6 review it for others. 11:30:07 7 that they were clear for the last 12 months. 11:30:11 8 She did not express any concern over any team 11:30:14 9 member she reviewed. 11:30:29 10 11:30:33 11 11:30:34 12 11:30:36 13 Director Krause's area, and I asked her to 11:30:39 14 review them for me. 11:30:41 15 11:30:43 16 your consideration of the medical and mental 11:30:46 17 health status of proposed special operation 11:30:46 18 team members? 11:30:54 19 A In this particular one, yes, sir. 11:31:02 20 Q How was that duty performed by you, 11:31:05 21 11:31:07 22 11:31:11 23 members are -- are full duty. 11:31:13 24 is -- members of special operations are sent 11:31:19 25 for a psychological fitness-for-duty test. Q A Q Okay. It's not restricted to I'm not saying that she did not But she reported to me Is there some reason why you elected not to examine the personnel files? A Q That is in division -- Division Okay. The Exhibit 85 also requires and how is it documented? A Medical conditions, all the team Mental health Coash & Coash, Inc., 602-258-1440 94 Robert Patton - October 5, 2011 11:31:22 1 It's documented via a memo back from our 11:31:24 2 contracted psychiatrist to Division Director 11:31:25 3 Krause that they pass their psychological 11:31:26 4 evaluation. 11:31:28 5 11:31:37 6 documentation that relates to the medical or 11:31:38 7 psych -- psychological condition of any 11:31:39 8 proposed special operations team member? 11:31:41 9 11:31:43 10 memo from the psychologist stating that the 11:31:45 11 particular person has been cleared to 11:31:48 12 participate in the execution, yes, sir. 11:31:52 13 11:31:54 14 Ms. Krause has whatever documentations that 11:31:57 15 has been assembled in regard to that? 11:31:58 16 11:32:02 17 assumption. 11:32:05 18 She has that documentation. 11:32:21 19 11:32:23 20 staff serving on any team shall be related by 11:32:26 21 blood or marriage or have any other legal 11:32:28 22 relationship with the inmate, their family, or 11:32:29 23 the crime victims; is that right? 11:32:30 24 A That is correct. 11:32:40 25 Q If a team member's spouse was working Q A Q A Q Okay. So do you receive any As I stated, Ms. Krause receives a And your understanding would be that I -- yes, sir, it would be my I also believe that was -- yes. Section 1.9.3.5 requires that no Coash & Coash, Inc., 602-258-1440 95 Robert Patton - October 5, 2011 96 11:32:43 1 in an area with the inmate, would that be of 11:32:46 2 concern to you? 11:32:47 3 A Can you clarify that question? 11:32:50 4 Q If a -- if a special operation team's 11:32:51 5 member had a spouse working at the Department 11:32:54 6 of Corrections who was working in proximity to 11:32:56 7 the inmate where the inmate -- in the inmate's 11:32:59 8 housing unit, would that be a concern? 11:33:00 9 A None at all. 11:33:01 10 Q Do you know of any instance where 11:33:02 11 11:33:04 12 A 11:33:07 13 though. 11:33:12 14 Q 11:33:15 15 selection process shall consist of a 11:33:18 16 preliminary screening by a panel followed by 11:33:22 17 an interview of each proposed team member 11:33:24 18 conducted prior to the final selection of team 11:33:25 19 members. 11:33:27 20 A I do see that. 11:33:29 21 Q How is the preliminary screening 11:33:32 22 11:33:34 23 11:33:39 24 the Housing Unit 9 team leader and myself. 11:33:42 25 I explained earlier, the Florence warden makes that's happened? No, sir. Not saying it hasn't, Then section 1.9.3.7 says that the Do you see that? conducted and documented? A It is conducted by a -- excuse me, by Coash & Coash, Inc., 602-258-1440 As Robert Patton - October 5, 2011 11:33:46 1 initial recommendations to me. I take them to 11:33:49 2 the training. 11:33:51 3 training, during the training, and after the 11:33:51 4 training. 11:33:54 5 11:33:58 6 Unit 9 team leader and I meet and decide 11:33:59 7 whether this person -- we take this person's 11:34:01 8 name to the director or not. 11:34:05 9 11:34:07 10 process and interview process to include your 11:34:11 11 interaction with proposed team member during 11:34:12 12 the rehearsals? 11:34:13 13 A That is correct. 11:34:25 14 Q Then turning now to the selection of 11:34:30 15 the medical team, in section 1.9.5, that 11:34:33 16 starts at the bottom of page 10 of Exhibit 85. 11:34:33 17 A Yes, sir. 11:34:35 18 Q It says, the division director for 11:34:38 19 offender operations shall commence 11:34:41 20 arrangements to ensure qualified medical 11:34:42 21 personnel make up the medical team. 11:34:43 22 A That is correct. 11:34:46 23 Q So that it's really your -- 11:34:49 24 ultimately it's your responsibility to make 11:34:51 25 arrangements to ensure you have a qualified I talk to them prior to the And at the conclusion of that Housing Q So would you consider that screening Coash & Coash, Inc., 602-258-1440 97 Robert Patton - October 5, 2011 98 11:34:56 1 medical team that you can then recommend to 11:34:57 2 the director for appointment; is that right? 11:34:58 3 A That is correct. 11:35:06 4 Q And you have to forgive me because I 11:35:07 5 ask too many questions over the course of a 11:35:08 6 day. 11:35:11 7 11:35:14 8 the arrangements that you make to ensure a 11:35:20 9 qualified medical team is -- is selected? 11:35:22 10 11:35:25 11 originally answered this. 11:35:28 12 medical team leader. 11:35:30 13 the selection of the medical team leader. 11:35:32 14 was selected prior to my getting into the 11:35:32 15 position. 11:35:37 16 11:35:41 17 assistant was during a personal interview with 11:35:47 18 the Housing Unit 9 team leader and myself. 11:35:52 19 11:35:58 20 record's clear, during the time of these five 11:36:03 21 executions that have taken place over the last 11:36:05 22 year, there have been two medical team 11:36:05 23 members? 11:36:07 24 11:36:09 25 But do you document in any fashion A And I -- I'll go back to how I I'll start with the I was not involved with He And the secondary person who is his Q A Okay. So the -- and just so the There's been a medical team leader and his assistant. That is correct, sir. Coash & Coash, Inc., 602-258-1440 Robert Patton - October 5, 2011 11:36:13 1 Q Okay. And is that true that since 11:36:15 2 your appointment as division director there 11:36:17 3 have been two members of the medical team? 11:36:17 4 A That is correct, sir. 11:36:21 5 Q And have -- has the medical team been 11:36:23 6 comprised of the same two individuals since 11:36:26 7 you became division director? 11:36:28 8 A That is correct, sir. 11:36:33 9 Q Okay. 11:36:38 10 the -- you did conduct an interview, not with 11:36:39 11 the medical team leader, but with the other 11:36:41 12 medical team member? 11:36:42 13 A That is correct, sir. 11:36:45 14 Q And that interview occurred in the 11:36:48 15 11:36:53 16 A Housing Unit 9 team leader, yes, sir. 11:36:56 17 Q And was -- did that interview take 11:36:58 18 11:36:59 19 11:37:00 20 11:37:01 21 11:37:05 22 11:37:10 23 A No, sir, there is not. 11:37:19 24 Q Now, on page 11 of Exhibit 85 and at 11:37:24 25 And I think you said that presence of the Housing Unit 9 leader or -- place in Florence? A It took place in Florence at Housing Unit 9, yes, sir. Q And is there any documentation regarding what transpired during that meeting? the top of the page, section 1.9.5.1, it Coash & Coash, Inc., 602-258-1440 99 Robert Patton - October 5, 2011 11:37:26 1 provides that the medical team shall consist 11:37:33 2 of volunteers whose primary duties include 11:37:35 3 administering IV as part of their employment; 11:37:35 4 is that right? 11:37:38 5 A That is what it states, sir. 11:37:41 6 Q And what does that mean? 11:37:43 7 A That would mean the medical team, 11:37:44 8 particularly medical team leader, must be 11:37:50 9 adept at administering IV lines as part of 11:37:55 10 their daily activities for their -- for their 11:37:57 11 current employment. 11:37:58 12 11:38:00 13 minutes left on the tape. 11:38:01 14 good time to -- 11:38:02 15 MS. VIGO: 11:38:03 16 MR. SANDMAN: -- switch tapes and -- 11:38:04 17 THE WITNESS: Yeah, let's do it. 11:38:06 18 MR. SANDMAN: -- take a break. 11:38:06 19 MS. VIGO: 11:38:06 20 11:38:06 21 THE WITNESS: 11:38:07 22 THE VIDEOGRAPHER: 11:38:09 23 record. 11:38:12 24 11:38 a.m. 11:38:12 25 MR. SANDMAN: We have just a few This might be a Okay. Take a quick restroom -- restroom break. Yeah. We are off the The time on the video monitor is This concludes disc 1. (A recess was held, after which the Coash & Coash, Inc., 602-258-1440 100 Robert Patton - October 5, 2011 11:38:21 1 deposition resumed as follows:) 11:49:45 2 11:49:49 3 record. 11:49:51 4 11:49 a.m. 11:49:54 5 11:50:00 6 we had left off during a discussion of Exhibit 11:50:05 7 85, section 1.9.5.1. 11:50:06 8 A Yes, sir. 11:50:09 9 Q And I think you were telling us that 11:50:15 10 the -- the medical team should consist of 11:50:20 11 persons whose primary duties include 11:50:22 12 administering IVs as part of their employment? 11:50:25 13 A That is correct, sir. 11:50:30 14 Q And could you tell us, how did you 11:50:34 15 satisfy yourself that the medical team member 11:50:38 16 who was not a leader, how did you satisfy 11:50:43 17 yourself that -- that he was qualified as 11:50:47 18 defined in paragraph 1.9.5.1? 11:50:50 19 11:50:55 20 several years medical training as a medical 11:50:58 21 corpsman. 11:51:00 22 11:51:00 23 11:51:03 11:51:06 THE VIDEOGRAPHER: We are on the Q The time on the video monitor is A BY MR. SANDMAN: Okay. Mr. Patton, As explained to us by him, he had Q And how long -- how long ago was 24 A I -- I don't remember, sir. 25 Q Would it make any difference to you that? Coash & Coash, Inc., 602-258-1440 101 Robert Patton - October 5, 2011 102 11:51:08 1 in assessing his qualifications for the 11:51:11 2 medical team to know how long ago that he 11:51:15 3 served as a medical corpsman? 11:51:16 4 11:51:19 5 11:51:24 6 11:51:29 7 a requirement that a medical team member have 11:51:30 8 current experience in administering IVs as 11:51:32 9 part of their employment? 11:51:33 10 11:51:38 11 mean the medical team leader whose primary 11:51:39 12 responsibility is the medical procedure. 11:51:41 13 medical -- the other medical team member was 11:51:45 14 there to assist him, sir. 11:51:49 15 11:51:52 16 but that's not what the Department Order 710 11:51:54 17 says, is it? 11:51:54 18 11:51:55 19 MR. ZICK: 11:51:55 20 THE WITNESS: 11:51:58 21 11:52:01 22 agree with me that Department Order 710 11:52:05 23 clearly states that the medical team shall 11:52:09 24 consist of personnel whose primary duties 11:52:10 25 include administering IV as part of their A I -- I don't recall how long he told me it was, sir. Q A Q A Q So are you telling us that it is not I understood it to -- to particularly Okay. The But that's your understanding, That -Object to form. That is correct, sir. BY MR. SANDMAN: The -- would you Coash & Coash, Inc., 602-258-1440 Robert Patton - October 5, 2011 103 11:52:11 1 employment? 11:52:13 2 A I will stipulate to that, sir. 11:52:14 3 Q And the clear import of that is the 11:52:16 4 team includes the entire team, not just the 11:52:17 5 leader; correct? 11:52:17 6 11:52:18 7 MR. ZICK: 11:52:19 8 THE WITNESS: 11:52:21 9 11:52:24 10 11:52:27 11 the medical team who is not qualified as 11:52:30 12 defined in the protocol or attachment F 11:52:34 13 participate in the execution of an inmate? 11:52:36 14 11:52:38 15 reading of the protocol at the time that the 11:52:41 16 medical team leader was the primary 11:52:44 17 responsibility to perform that function. 11:52:46 18 was qualified. 11:52:48 19 simply there to assist him. 11:52:50 20 Q That wasn't my question. 11:52:52 21 A That's my answer, sir. 11:52:57 22 Q Should a medical team member who is 11:53:03 23 not the team leader who is not qualified to 11:53:07 24 participate in an execution in accordance with 11:53:10 25 Department Order 710 or attachment F be A I -- I -Object to form. I will stipulate that, sir. Q A BY MR. SANDMAN: Should any member of It was my understanding from my He The medical team member is Coash & Coash, Inc., 602-258-1440 Robert Patton - October 5, 2011 104 11:53:20 1 allowed to participate in an execution? 11:53:23 2 11:53:27 3 probably -- he did not meet the qualifications 11:53:31 4 as stipulated to be a medical team member. 11:53:39 5 will stipulate that. 11:53:45 6 11:53:49 7 member is not qualified as defined in 11:53:52 8 Department Order 710 and attachment F, should 11:53:56 9 he participate in an execution, yes or no? 11:53:57 10 MR. ZICK: 11:53:58 11 THE WITNESS: 11:53:59 12 MR. ZICK: 11:54:00 13 THE WITNESS: 11:54:02 14 answered that. 11:54:08 15 participate in the execution. 11:54:12 16 11:54:17 17 11:54:21 18 11:54:24 19 11:54:33 20 A Uh-huh. 11:54:38 21 Q And we're going to look at page 1 of 11:54:47 22 9 again under subsection B.1. 11:54:49 23 read that paragraph to yourself. 11:54:52 24 A I've read it, sir. 11:54:57 25 Q Would you agree with me that there's A Q Q I will stipulate that it was I That is correct, sir. My question was: If a medical team Object to form. I believe -- You can answer. I -- I believe I've I believe he is qualified to BY MR. SANDMAN: And how is the medical team -- let me -- let me strike that. I'd like you to look at attachment F of Exhibit 85. Okay. If you could Coash & Coash, Inc., 602-258-1440 Robert Patton - October 5, 2011 11:55:01 1 some emphasis placed on the qualifications 11:55:04 2 necessary for a medical team member in 11:55:06 3 Department Order 710 and attachment F? 11:55:08 4 A I would stipulate that, sir. 11:55:09 5 Q Would you agree that that's a 11:55:13 6 critical core component of Department Order 11:55:15 7 710 and attachment F? 11:55:16 8 11:55:16 9 11:55:17 10 11:55:18 11 11:55:19 12 11:55:24 13 me that -- that all core components of 11:55:25 14 Department Order 710 and attachment F should 11:55:27 15 be followed? 11:55:33 16 A I would stipulate that, sir. 11:55:38 17 Q Now, subsection B.1 in the second 11:55:40 18 sentence provides that all team members -- 11:55:43 19 referring to the medical team -- shall have at 11:55:45 20 least one year of current and relevant 11:55:48 21 professional experience in their assigned 11:55:50 22 duties on the medical team. 11:55:51 23 A I do see that, sir. 11:55:55 24 Q And you would agree with me that the 11:55:56 25 A I would -MR. ZICK: Object to form. THE WITNESS: I would stipulate that, sir. Q BY MR. SANDMAN: Would you agree with Do you see that? medical team member, who is not the team Coash & Coash, Inc., 602-258-1440 105 Robert Patton - October 5, 2011 11:55:59 1 leader in this case, does not have current 11:56:01 2 professional experience in their assigned 11:56:02 3 duties? 11:56:13 4 A I would stipulate that, sir. 11:56:17 5 Q Did the director, to your knowledge, 11:56:22 6 approve or have knowledge that the medical 11:56:25 7 team member did not have current professional 11:56:27 8 experience at the time he participated in the 11:56:30 9 executions of Mr. Landrigan? 11:56:32 10 11:56:37 11 not, sir. 11:56:37 12 the director -- 11:56:37 13 THE COURT REPORTER: 11:56:38 14 THE WITNESS: 11:56:39 15 11:56:41 16 11:56:42 17 11:56:45 18 11:56:46 19 11:56:50 20 11:56:53 21 authority that this -- the medical team member 11:56:57 22 was allowed to participate in the executions 11:57:01 23 of Mr. Landrigan, Mr. King, Mr. Beaty, 11:57:03 24 Mr. Bible, and Mr. West? 11:57:06 25 A I do not know if he had knowledge or I can't speak to the knowledge of Of director who? Whether the director had knowledge or not. Q BY MR. SANDMAN: Did you have knowledge? A I did the interview with him, yes, Q So it was under your ultimate sir. MR. ZICK: Object to form. Coash & Coash, Inc., 602-258-1440 106 Robert Patton - October 5, 2011 11:57:07 1 THE WITNESS: 11:57:10 2 first four, yes, sir. 11:57:12 3 execution of inmate West as I was not present. 11:57:13 4 11:57:14 5 without regard to your presence, you knew that 11:57:18 6 the medical team member who was not qualified 11:57:21 7 by experience under the definition in the 11:57:22 8 protocol in attachment F was going to 11:57:24 9 participate in that execution? 11:57:25 10 11:57:28 11 sir. 11:57:30 12 assignment. 11:57:33 13 just not -- did not have the current 11:57:51 14 assignment. 11:57:55 15 11:57:57 16 medical team member didn't have current, 11:57:58 17 relevant professional experience? 11:58:00 18 11:58:03 19 sir. 11:58:06 20 experience, just did not have the one -- or 11:58:14 21 the current job assignment in medical. 11:58:34 22 11:58:51 23 85, that's at page 11. 11:58:56 24 requires that the medical team, which is all 11:59:04 25 of the medical team, shall have as part of Q A I can testify to the I cannot testify to the BY MR. SANDMAN: But you knew -- I will not stipulate by experience, I'll stipulate by his current Q A He had the experience required, Did you inform the director that the I did not recall if I did or not, And again, he had the relevant medical Q Returning to section 1.9.5 of Exhibit Section 1.9.5.1 Coash & Coash, Inc., 602-258-1440 107 Robert Patton - October 5, 2011 11:59:06 1 their employment duties that include 11:59:08 2 administering an IV. 11:59:11 3 11:59:12 4 administering ID -- IV as part of their 11:59:13 5 employment, yes, sir, I do. 11:59:15 6 11:59:17 7 you interviewed the medical team member, he 11:59:21 8 did not have any duties, let alone primary 11:59:23 9 duties, that involved the administration of an 11:59:26 10 11:59:27 11 11:59:27 12 11:59:42 13 11:59:43 14 document your interview with the -- the 11:59:45 15 medical team member where you reviewed his 11:59:47 16 qualifications for the position of medical 11:59:48 17 team member? 11:59:49 18 A No, sir. 11:59:50 19 Q And you didn't document -- there's 11:59:52 20 really no document anywhere within the 11:59:54 21 Department of Corrections, as far as you know, 11:59:56 22 that -- that, in fact, documents that the 12:00:00 23 12:00:03 24 team leader is qualified to be part of the 12:00:06 25 medical team? A Q Do you see that? I see where it says as part -- Okay. And in this case, at the time IV as part of his employment; is that right? A Of their current employment, yes, Q Okay. sir. Also the -- you didn't member -- medical team member who's not the Coash & Coash, Inc., 602-258-1440 108 Robert Patton - October 5, 2011 A I could not answer that, sir. 109 12:00:09 1 12:00:10 2 don't -- I -- I'm not aware of whether it's 12:00:13 3 documented in his personnel file or not. 12:00:15 4 12:00:16 5 12:00:17 6 12:00:18 7 12:00:20 8 12:00:24 9 12:00:29 10 1.9.5.2 provides that medical team members 12:00:32 11 shall have a computerized criminal history 12:00:34 12 check. 12:00:36 13 A I do see that, sir. 12:00:39 14 Q How -- was that done in connection 12:00:43 15 with the -- either the medical team leader or 12:00:44 16 the medical team member? 12:00:46 17 12:00:50 18 12:00:53 19 12:00:55 20 12:00:57 21 12:00:59 22 deposition. 12:01:03 23 originally regarding background checks, I read 12:01:05 24 it as an initial -- initial criminal 12:01:08 25 background check, and it required it prior to Q Okay. I You haven't maintained any documentation? A I do not maintain any documentation, Q Okay. sir. Then the next section -- subsection of the Department Order 710, Do you see that? A No, sir, it was not. That was an oversight on my part. Q When did you discover that was an oversight? A In preparation for this -- this The way I had read this Coash & Coash, Inc., 602-258-1440 Robert Patton - October 5, 2011 12:01:10 1 every execution. 12:01:13 2 policy, sir. 12:01:18 3 12:01:21 4 medical team member who is not the team 12:01:25 5 leader, before he was selected, did you 12:01:28 6 understand that a computerized criminal 12:01:31 7 history check was necessary? 12:01:33 8 12:01:37 9 staff are required, prior to coming to work in 12:01:39 10 a core position, are required to do a criminal 12:01:42 11 background. 12:01:43 12 policy at the time, and I incorrectly 12:01:45 13 interpreted it. 12:01:46 14 12:01:51 15 to become an employee as a corrections officer 12:01:54 16 at the Department of Corrections that a 12:01:57 17 computerized criminal background check is 12:01:57 18 necessary? 12:01:59 19 12:02:01 20 for anybody going into a correctional officer 12:02:04 21 retirement plan position must have a criminal 12:02:06 22 background done on them, yes, sir. 12:02:09 23 12:02:11 24 12:02:13 25 Q Did you -- even before selecting the A I did not, sir. Q A Q I misread that part of the Since all of our That's the way I interpreted the Are you saying that the -- in order It's required under POST standards So if someone was hired 15 years ago -A I was hired 25 years -- or 28 years Coash & Coash, Inc., 602-258-1440 110 Robert Patton - October 5, 2011 111 12:02:14 1 ago mine was done, yes, sir. 12:02:18 2 12:02:21 3 12:02:23 4 A No, sir, there's not. 12:02:28 5 Q In any event, the director's order 12:02:31 6 requires that that criminal history check have 12:02:34 7 taken place, and -- and for whatever reason, 12:02:36 8 oversight, as you've indicated, it wasn't 12:02:37 9 done? 12:02:38 10 12:02:39 11 12:02:43 12 12:02:46 13 12:02:50 14 12:02:53 15 requires a professional license check prior to 12:02:54 16 any execution. 12:02:55 17 12:02:57 18 12:02:59 19 not know. 12:03:04 20 selected prior to my appointment. 12:03:08 21 12:03:11 22 we just read requires professional license 12:03:13 23 check prior to any execution, does it not? 12:03:14 24 A That -- that is correct, sir. 12:03:15 25 Q Has that ever been done? Q But there isn't any requirement for regular criminal history checks, is there? A That is correct, sir. MR. ZICK: director's order. Object to form. You meant department order? MR. SANDMAN: Q You said Yes, I did. BY MR. SANDMAN: I'm sorry. Section 1.9.5.2 also Has that ever been done? A Q I could not answer that, sir. I do The medical team leader was -- was The Department Order 710 subsection Coash & Coash, Inc., 602-258-1440 Robert Patton - October 5, 2011 112 12:03:21 1 A Not to my knowledge, sir. 12:03:26 2 Q Have you satisfied yourself that 12:03:28 3 either the medical team member or the medical 12:03:34 4 team leader carries a professional license? 12:03:35 5 12:03:53 6 12:03:58 7 12:04:03 8 whether either the medical team member or the 12:04:06 9 medical team leader has a criminal record? 12:04:08 10 12:04:10 11 12:04:51 12 Q 12:05:00 13 moment. 12:05:03 14 12:05:18 15 provision in 7 -- section 710.05. 12:05:20 16 that section starts at page 12. 12:05:20 17 A Yes, sir. 12:05:23 18 Q And I wanted to ask you a question 12:05:30 19 about a portion of that subsection on the 12:05:33 20 following page. 12:05:38 21 It's subsection 1.2.4. 12:05:42 22 bottom of page 13 of Exhibit 86. 12:05:43 23 A Yes. 12:05:46 24 Q There's a requirement in here that 12:05:49 25 A I am -- have satisfied myself that the medical team leader has. Q A Do you know as you sit here today I could not answer that, sir. I do not know. If you could look at Exhibit 86 for a I want to ask you a question about a I think It's near the the division director for the health services Coash & Coash, Inc., 602-258-1440 Robert Patton - October 5, 2011 12:05:53 1 evaluate the inmate for predetermined 12:05:57 2 appropriate venous access locations and 12:06:00 3 reports the result to the division director of 12:06:02 4 operations. 12:06:03 5 A I do see that. 12:06:06 6 Q Have you ever received such a report 12:06:08 7 from the division director for health services 12:06:10 8 in respect to any of the five executions that 12:06:11 9 have occurred in the last year? 12:06:13 10 12:06:16 11 services informs me that the vein check has 12:06:18 12 been done. 12:06:26 13 of that, no, sir. 12:06:33 14 12:06:35 15 12:06:37 16 A Verbally. 12:06:43 17 Q And who is the division director for 12:06:45 18 12:06:46 19 12:06:51 20 12:06:53 21 12:06:54 22 12:06:54 23 A I -- I -- I -- 12:06:57 24 Q -- I wouldn't know how to spell it 12:06:57 25 either. A Q Do you see that? The division director for health But to the extent of the results How is -- does the division director communicate that information to you? health services? A Division Director Michael Adu-tutu. And please don't ask me to spell his name. Q His name comes up in some documents somewhere but -- Coash & Coash, Inc., 602-258-1440 113 Robert Patton - October 5, 2011 12:06:59 1 A 12:07:01 2 12:07:04 3 12:07:07 4 division director for health services provide 12:07:18 5 you information with respect to appropriate 12:07:20 6 venous access locations? 12:07:21 7 A No, sir, I have not. 12:07:23 8 Q Would you agree with me that's one of 12:07:25 9 12:07:27 10 department order is to obtain that 12:07:28 11 information? 12:07:29 12 12:07:32 13 vein check has been done. 12:07:35 14 inmate is brought over, it's also done by the 12:07:38 15 medical team leader using the sonogram machine 12:07:41 16 that's located within the housing unit. 12:07:43 17 12:07:44 18 division director for health services tells 12:07:48 19 you that they have assessed venous access, but 12:07:50 20 he's also to report -- he's also supposed to 12:07:54 21 report to you predetermined appropriate venous 12:07:58 22 access locations; correct? 12:07:59 23 A 12:07:59 24 correct, sir. 12:08:02 25 Q spell. I can't even begin to guess how to It's Michael Adu-tutu. Q Okay. Have you requested that the -- one of your responsibilities under this A Q He -- again, he tells me that the And then when the I under -- I understand that the That's what it says. That is And you, at least during -- for the Coash & Coash, Inc., 602-258-1440 114 Robert Patton - October 5, 2011 115 12:08:04 1 last five executions have not required him to 12:08:05 2 convey that information to you? 12:08:06 3 12:08:11 4 12:08:37 5 12:08:57 6 12:09:02 7 12:09:03 8 12:09:03 9 A Uh-huh. 12:09:04 10 Q Do you see that? 12:09:05 11 A I do. 12:09:09 12 Q This describes some responsibilities 12:09:13 13 you have to take 21 days prior to an 12:09:14 14 execution; is that right? 12:09:15 15 A That is correct. 12:09:17 16 Q And one of those responsibilities 12:09:23 17 under section 1.1.2 is to take steps to 12:09:25 18 resolve outstanding equipment and inventory 12:09:25 19 issues? 12:09:26 20 A That is correct. 12:09:29 21 Q Would inventory issues include the 12:09:30 22 12:09:31 23 A That is correct. 12:09:38 24 Q Were -- were -- was there a time 12:09:42 25 A No, sir, I have not. MR. ZICK: Q Object to form. BY MR. SANDMAN: Going back to page -- excuse me, Exhibit 85, page 14. I'm looking at section 710.06. It starts near the bottom of the page. execution drugs? prior to Mr. Landrigan's execution when you Coash & Coash, Inc., 602-258-1440 Robert Patton - October 5, 2011 12:09:44 1 had to take steps to resolve outstanding 12:09:46 2 inventory issues regarding execution drugs? 12:09:48 3 12:09:51 4 12:09:54 5 12:09:56 6 involvement, if any, you had in -- in those 12:10:01 7 steps that were taken to address execution 12:10:03 8 drugs issues before Mr. Landrigan's execution? 12:10:05 9 12:10:09 10 project was assigned to then Deputy Director 12:10:12 11 Charles Flanagan by the director. 12:10:14 12 12:10:17 13 12:10:19 14 12:10:23 15 copies of some emails. 12:10:25 16 even speak to the content. 12:10:27 17 being copied on some emails. 12:10:29 18 12:10:31 19 drugs arrived, Charles Flanagan phoned me, 12:10:34 20 asked me to get a team together to go pick the 12:10:37 21 drugs up. 12:10:40 22 passed that information on, and he sent a team 12:10:43 23 to pick the drugs up. 12:10:45 24 involvement. 12:10:48 25 licensing, none of that I was involved in. A There was a time prior to Landrigan that the agency had to take steps, yes, sir. Q A Q And did you -- could you tell us what Very limited involvement. Okay. That Could you tell me what -- what your limited involvement was? A My direct involvement? I received I can't tell you -I do remember My direct involvement was, when the I contacted the Florence warden, That was my direct With the procurement, the Coash & Coash, Inc., 602-258-1440 116 Robert Patton - October 5, 2011 12:10:50 1 Q So you didn't -- you didn't 12:10:55 2 personally engage in any activity to acquire 12:10:57 3 the execution drugs for Mr. Landrigan's 12:10:58 4 execution? 12:11:01 5 12:11:03 6 direct access to that, no, sir. 12:11:05 7 that was Mr. Flanagan's responsibility. 12:11:06 8 12:11:08 9 12:11:10 10 activities, that would clearly indicate no 12:11:11 11 direct involvement? 12:11:11 12 12:11:13 13 12:11:15 14 12:11:17 15 12:11:17 16 MS. VIGO: 12:11:17 17 THE VIDEOGRAPHER: 12:11:20 18 record. 12:11:28 19 12:11 p.m. 12:11:28 20 12:11:35 21 13:23:46 22 13:23:51 23 record. 13:23:52 24 p.m. 13:23:55 25 A I would not call anything I did was Q That was -- Certainly -- and the -- and certainly in the description you gave of your A That -- that is my understanding, yes, sir. MR. SANDMAN: This might be a good time to break for lunch. Okay. We are off the The time on the video monitor is (A recess was held, after which the deposition resumed as follows:) THE VIDEOGRAPHER: Q We are on the The time on the video monitor is 1:23 BY MR. SANDMAN: Okay. Mr. Patton, Coash & Coash, Inc., 602-258-1440 117 Robert Patton - October 5, 2011 13:23:58 1 we've had a lunch recess. Do you feel well 13:23:59 2 and ready to go? 13:23:59 3 A Ready to go, sir. 13:24:05 4 Q Okay. 13:24:13 5 today about the -- the requirement that there 13:24:15 6 be licensure -- licensure checks for the 13:24:17 7 medical team. 13:24:18 8 A Yes, sir, I do. 13:24:24 9 Q And to your personal knowledge, does 13:24:28 10 the medical team leader have a medical 13:24:29 11 license? 13:24:30 12 A As determined by me later, yes, sir. 13:24:32 13 Q Okay. 13:24:33 14 13:24:36 15 A I went to the AMA website and found 13:24:37 16 13:24:40 17 13:24:41 18 13:24:41 19 A On -- 13:24:41 20 Q Excuse me. 13:24:43 21 A The licensing websites. 13:24:44 22 Q What website was that? 13:24:47 23 A I believe it was AMA or -- I -- I 13:24:49 24 don't recall exactly which website it was, but 13:24:51 25 I looked -- looked up his license. We talked a little bit earlier Do you remember that? And how did you determine that? him on the AMA website. Q You -- you found him on the A -- AMA -- Coash & Coash, Inc., 602-258-1440 118 Robert Patton - October 5, 2011 Q 119 13:24:53 1 And did -- did you document when you 13:24:54 2 13:24:54 3 A No, sir, I did not. 13:24:58 4 Q Do you remember when you did that? 13:25:04 5 A No, sir, I don't. 13:25:11 6 Q Was it within the last six months? 13:25:12 7 A Yes. 13:25:15 8 13:25:51 9 13:25:54 10 13:26:02 11 A Page 21. 13:26:07 12 Q And under section -- I guess we're in 13:26:13 13 7 -- section 710.11, and I want to ask you 13:26:17 14 some questions about subsections 1.4 and 1.5. 13:26:18 15 13:26:20 16 A I do. 13:26:24 17 Q Section 1.4 provides that no later 13:26:26 18 than seven days after the execution, the 13:26:28 19 division director for offender operations 13:26:32 20 shall meet with command staff and execution 13:26:36 21 team leaders to evaluate operations, identify 13:26:38 22 opportunities to revise and improve written 13:26:40 23 instruction, and then brief the director. 13:26:40 24 you see that? 13:26:42 25 A did that? Probably within the -- it's been within the last six months. Q I want to direct your attention to Exhibit 85, excuse me, at page 21. Yes, sir. I have page 21. Do you see those on page 21? I do see that, sir. Coash & Coash, Inc., 602-258-1440 Do Robert Patton - October 5, 2011 13:26:47 1 Q 13:26:51 2 activity after each and every of the five 13:26:53 3 executions that we've had the last year? 13:26:56 4 13:26:58 5 I can answer to the first four. 13:27:01 6 immediately after every execution. 13:27:03 7 wait seven days. 13:27:06 8 afterwards. 13:27:07 9 those discussions. 13:27:09 10 13:27:12 11 after an execution, there's a -- what kind of 13:27:15 12 -- there's a meeting? 13:27:17 13 A There's a debriefing, yes, sir. 13:27:22 14 Q And does that -- who attends that 13:27:23 15 13:27:26 16 13:27:30 17 leader, the special operations team leader, 13:27:33 18 and the director. 13:27:36 19 13:27:36 20 13:27:38 21 13:27:41 22 with all command center staff that talks about 13:27:42 23 the overall operations of the outside portions 13:27:43 24 of it. 13:27:44 25 A Q And have you done -- engaged in that I cannot answer to West's execution. We do that We don't We do it immediately And the director's involved in And so you're saying that immediately debriefing? A Q Myself, the Housing Unit 9 team And what about the command center staff? A Q There is a separate debriefing done And do you attend that also? Coash & Coash, Inc., 602-258-1440 120 Robert Patton - October 5, 2011 13:27:46 1 A I -- I lead that debriefing as well. 13:27:47 2 Q Does that occur immediately after the 13:27:48 3 13:27:49 4 13:27:52 5 13:27:55 6 13:27:58 7 that documents the discussion that takes place 13:28:00 8 during those debriefings? 13:28:01 9 13:28:04 10 I'm not saying it doesn't occur, but I -- I do 13:28:07 11 not know if 13:28:09 12 mentioned earlier, documents those discussions 13:28:12 13 or not. 13:28:24 14 Q 13:28:28 15 the ASPC-Florence warden shall be responsible 13:28:30 16 to gather all documents pertaining to the 13:28:33 17 execution and forward to the general counsel 13:28:34 18 for archive. 13:28:36 19 A I do see at that, sir. 13:28:39 20 Q Do you provide any documentation at 13:28:42 21 13:28:44 22 A No, sir. 13:28:45 23 Q So whatever documentation he or she 13:28:48 24 may be providing to the general counsel, it's 13:28:50 25 not documentation that you provided to the -- execution? A Immediately after the execution as well, and the director's part of that as well. Q A Is there any documentation created I have not seen that documentation. , who -- the name I And then section 1.5 provides that Do you see that? all to the ASP-Florence warden? Coash & Coash, Inc., 602-258-1440 121 Robert Patton - October 5, 2011 13:28:51 1 to that warden? 13:29:04 2 A Not that I'm aware of, sir. 13:29:17 3 Q Okay. 13:29:31 4 now to attachment F of Exhibit 85, page 1 of 13:29:31 5 9. 13:29:33 6 A Yes, sir. 13:29:37 7 Q Paragraph A.3 on that page provides 13:29:40 8 that the division director for offender 13:29:43 9 operations shall ensure that all team members 13:29:44 10 understand and comply with the provisions 13:29:47 11 contained herein. 13:29:49 12 A I do see that, sir. 13:29:51 13 Q How do you go about fulfilling that 13:29:53 14 13:29:57 15 13:29:58 16 sure they understand what their job 13:30:02 17 responsibilities are as far as the protocol. 13:30:04 18 13:30:04 19 13:30:08 20 13:30:11 21 13:30:16 22 to any extent the fulfillment of your 13:30:17 23 responsibility under that subparagraph? 13:30:19 24 13:30:24 25 I want to turn your attention Do you see that? responsibility? A Through our practices, and I make THE COURT REPORTER: As far as the what? THE WITNESS: Q A The protocol, ma'am. BY MR. SANDMAN: And do you document It's documented in the execution notes that you provided earlier in Exhibit 59. Coash & Coash, Inc., 602-258-1440 122 Robert Patton - October 5, 2011 13:30:26 1 For example, on the first one, April 23, 13:30:30 2 discuss requirements, selection process, 13:30:33 3 protocols discussed, practiced twice. 13:30:37 4 13:30:46 5 documentation that's generated to demonstrate 13:30:49 6 your fulfillment of duties under paragraph 83 13:30:51 7 is in Exhibit 59? 13:30:55 8 A Yes, sir. 13:31:17 9 Q Subsection B on that same page -- 13:31:18 10 A Yes, sir. 13:31:20 11 Q -- deals with the medical team 13:31:21 12 13:31:23 13 A That is correct, sir. 13:31:31 14 Q Have you verified what the current 13:31:33 15 and relevant professional experience of the 13:31:36 16 medical team leader is as you're required to 13:31:38 17 do in paragraph B.1? 13:31:40 18 13:31:41 19 team leader was selected prior to my taking 13:31:45 20 over. 13:31:46 21 became division director. 13:32:06 22 13:32:08 23 sentence requires licensing and criminal 13:32:12 24 history reviews to be conducted annually and 13:32:14 25 upon the issuance of a warrant of execution. Q Okay. So whatever -- any members selection and training; is that right? A As I stated earlier, sir, the medical And I did not reverify that once I Q Okay. In section B2, the last Coash & Coash, Inc., 602-258-1440 123 Robert Patton - October 5, 2011 13:32:15 1 Do you see that? 13:32:16 2 A I do see that, sir. 13:32:18 3 Q And do I understand from your 13:32:22 4 13:32:26 5 A You understood correctly, sir. 13:32:36 6 Q How do the -- the medical team 13:32:42 7 13:32:45 8 13:32:48 9 13:32:51 10 team to perform the medical procedure, they 13:32:56 11 would -- we always use a volunteer to act the 13:32:57 12 part of the inmate. 13:32:59 13 13:33:04 14 they would normally do during an execution, 13:33:06 15 leave the room, and then the medical team 13:33:09 16 leader goes back in and assesses sedation at 13:33:10 17 the correct point in time. 13:33:12 18 13:33:15 19 mixing of chemicals during the trainings; is 13:33:16 20 that correct? 13:33:16 21 A That is correct. 13:33:20 22 Q Do they engage in any labeling of 13:33:21 23 13:33:29 24 A Not that I'm aware of, sir. 13:33:32 25 Q Paragraph B5 provides that the testimony that you have not done that? members train for an execution? A Do you know? execution. We walk through all the steps of the When it comes time for medical They would go in and simulate what Q Do they -- they don't engage in any syringes during the training? Coash & Coash, Inc., 602-258-1440 124 Robert Patton - October 5, 2011 13:33:34 1 medical team shall be responsible for 13:33:37 2 inserting IV catheters. 13:33:38 3 A I do see that. 13:33:41 4 Q It's B4. 13:33:45 5 A Yes, I do see that. 13:33:47 6 Q They're also required to ensure that 13:33:49 7 the line is functioning properly throughout 13:33:52 8 the execution procedure; is that right? 13:33:52 9 A That is correct. 13:33:59 10 Q And in -- in the executions that you 13:34:04 11 have attended, the four of them, do you know 13:34:10 12 which IV line was used to administer the 13:34:11 13 chemicals to the inmate? 13:34:13 14 13:34:16 15 sir, since I was not inside the room when they 13:34:17 16 inserted the lines. 13:34:21 17 13:34:25 18 knowledge -- you don't know where the IV was 13:34:28 19 inserted in -- into the inmate in connection 13:34:31 20 with any of the four executions that you 13:34:32 21 attended? 13:34:34 22 13:34:36 23 that, sir. 13:34:36 24 told. 13:34:38 25 A Excuse me. I would have to assume at this point, Q So you don't, of your own personal A Q Do you see that? I have not had direct observation of I can tell you what I've been Well, what is your understanding of Coash & Coash, Inc., 602-258-1440 125 Robert Patton - October 5, 2011 13:34:41 1 where the IVs have been inserted? 13:34:44 2 13:34:47 3 inserted into the femoral -- femoral artery, I 13:34:50 4 believe is what it's called, and one into the 13:34:52 5 arm, I believe. 13:34:55 6 that as I have not -- was not in the room when 13:34:55 7 they were done. 13:34:57 8 13:35:00 9 knowledge of -- of where the IVs have been 13:35:02 10 inserted during any of the four executions 13:35:04 11 that you attended? 13:35:05 12 13:35:08 13 13:35:15 14 13:35:17 15 understand a little bit better about, you 13:35:21 16 know, what you're doing during the execution 13:35:24 17 so we can get a better sense of, you know, 13:35:27 18 where you are and what you can see and what 13:35:28 19 you can't see. 13:35:28 20 A Yes, sir. 13:35:29 21 Q -- why don't we -- do you have a 13:35:31 22 13:35:32 23 A Yes, sir, I do. 13:35:37 24 Q And could you sort of walk us through 13:35:43 25 A Q A I understand that there was one Okay. But again, I can't testify to You don't have any personal That's -- I -- I cannot testify as I was not in there when they were done, sir. Q Okay. And let me ask you to help us So -- memory of attending Mr. Landrigan's execution? the -- what you were doing, let's say, from Coash & Coash, Inc., 602-258-1440 126 Robert Patton - October 5, 2011 13:35:45 1 the time that the chemical -- the teams came 13:35:49 2 in to prepare the -- the -- the chemicals and 13:35:51 3 load the syringes through the time 13:35:54 4 Mr. Landrigan was executed and sort of walk -- 13:35:56 5 walk us through what you were doing during 13:35:58 6 that time? 13:36:00 7 13:36:04 8 with a briefing of all the outside teams. 13:36:06 9 Depending on the time of the execution -- 13:36:08 10 whether the execution's going to be at 10 13:36:10 11 o'clock, 11 o'clock, 9 o'clock, depending on 13:36:13 12 what time the execution is set for, I hold a 13:36:16 13 briefing of all the outside teams three hours 13:36:20 14 prior, set our roadblocks, make sure the 13:36:23 15 outside is functioning properly. 13:36:25 16 13:36:28 17 the Florence complex itself, check to make 13:36:32 18 sure that -- because we also have to lock our 13:36:35 19 complex down, determine how that's going. 13:36:40 20 Approximately hour, hour and a half prior to 13:36:42 21 the execution, I -- I escort the director to 13:36:45 22 the different witness groups that are there to 13:36:49 23 observe the execution. 13:36:52 24 13:36:55 25 A Absolutely. We start the morning I then go up to the command center at I walk with them. During that, about an hour prior to the execution, we go down to Housing Unit 9. Coash & Coash, Inc., 602-258-1440 127 Robert Patton - October 5, 2011 128 13:36:58 1 I go and meet with the inmate, speak with him 13:37:01 2 for a few minutes. 13:37:04 3 movement to the execution room itself. 13:37:06 4 13:37:09 5 there, he's restrained to the table at which 13:37:12 6 time I go and check all the restraints, talk 13:37:15 7 to the inmate again. 13:37:18 8 13:37:20 9 13:37:25 10 to take care of, media movement to take care 13:37:29 11 of, a million other things are going on. 13:37:32 12 generally for the next hour or so, I'm pretty 13:37:35 13 tied up performing a million other different 13:37:36 14 functions. 13:37:38 15 13:37:41 16 then go back into the room, medical 13:37:44 17 procedure's been complete. 13:37:46 18 restraint team leader and two restraint team 13:37:49 19 members are in there. 13:37:51 20 minutes talking with the inmate, making 13:37:53 21 sure -- if he has any questions, making sure 13:37:56 22 he's calm as can be, making sure he's 13:37:59 23 comfortable, you know. 13:38:00 24 13:38:04 25 We then prepare him for Once he's restrained and moved in At that time I leave the room and start seeing -- we have movements of witnesses So Closer to the time of execution, I It's generally the I spend the last few Once that's complete and we're close to time of execution, I pull the team members Coash & Coash, Inc., 602-258-1440 Robert Patton - October 5, 2011 13:38:06 1 out, Florence warden enters the room, and I 13:38:07 2 close the door. 13:38:12 3 13:38:15 4 13:38:17 5 13:38:20 6 performed those same activities for each of 13:38:22 7 the four executions that you attended? 13:38:25 8 13:38:27 9 13:38:30 10 13:38:32 11 take it that among the things that you're 13:38:37 12 not -- not doing -- you're -- you're not 13:38:40 13 observing the chemicals being mixed and 13:38:41 14 inserted in the syringes? 13:38:44 15 13:38:46 16 13:38:49 17 13:38:51 18 medical procedure performed on the inmate, the 13:38:51 19 insertion of the IV? 13:38:59 20 A That is correct, sir. 13:39:14 21 Q Now, the attachment F procedures in 13:39:17 22 section B require that -- that two medical 13:39:19 23 team members be assigned the responsibility of 13:39:21 24 inserting IV catheters. 13:39:23 25 Q Okay. Thank you for providing that information to us. Would -- would you say that you A Yes. In -- in -- in very general fashions, yes. Q A And from the answer you gave, I -- I That is correct. That's done prior to me getting down to the room. Q Okay. And you're not observing the I think you've already testified to Coash & Coash, Inc., 602-258-1440 129 Robert Patton - October 5, 2011 13:39:24 1 that; is that right? 13:39:24 2 A That is correct. 13:39:31 3 Q And in subsection B5, it says that IV 13:39:35 4 team members and non-medically licensed team 13:39:38 5 members shall participate in a minimum of 10 13:39:39 6 execution rehearsals per year. 13:39:40 7 that? 13:39:42 8 A I do see that. 13:39:46 9 Q Do you read that as requiring the IV 13:39:52 10 13:39:54 11 13:39:55 12 13:39:59 13 13:40:01 14 established at least one of the 13:40:04 15 team -- IV team members is not licensed; is 13:40:05 16 that correct? 13:40:06 17 A 13:40:08 18 13:40:11 19 13:40:14 20 Department of Corrections only has one IV team 13:40:15 21 member? 13:40:19 22 A 13:40:21 23 13:40:23 24 13:40:24 25 Do you see team members to be licensed? A If you have IV team members assigned to the team, I guess that would be. Q Okay. And in this case we've already I don't consider him an IV team member, sir, but -Q So does that mean that the Arizona The medical team leader is our licensed person on the team. Q How many IV -- how many IV team members -- Coash & Coash, Inc., 602-258-1440 130 Robert Patton - October 5, 2011 13:40:25 1 A We have -- we have the medical team 13:40:27 2 leader and a medic -- medical team assistant 13:40:31 3 to him is what's on the medical team, sir. 13:40:32 4 13:40:34 5 13:40:35 6 A Okay. 13:40:37 7 Q How many IV team members do you have 13:40:39 8 13:40:41 9 13:40:44 10 team, the medical team leader and then his 13:40:45 11 assistant. 13:40:48 12 13:40:51 13 members or non-medical team members. 13:40:53 14 them by the medical team leader and the 13:40:54 15 assistant to the medical team leader. 13:40:59 16 13:41:04 17 attachment F requires that two medical team 13:41:07 18 members will be assigned. 13:41:09 19 will be assigned responsibility for inserting 13:41:11 20 IV catheters. 13:41:12 21 A I do see that. 13:41:17 22 Q That is a requirement that there be 13:41:21 23 two members of the medical team B on the IV 13:41:21 24 team; is that right? 13:41:22 25 Q Okay. But you didn't let me finish my question, which is -- on the medical team? A I have two members on the medical I don't assign them by IV team Q Okay. I assign The paragraph B.1 of the It says the IV team Do you see that? MR. ZICK: Object to form. Coash & Coash, Inc., 602-258-1440 131 Robert Patton - October 5, 2011 THE WITNESS: 132 13:41:25 1 I can see how you would 13:41:27 2 13:41:28 3 13:41:31 4 team members are to be licensed, are they not? 13:41:33 5 That's the -- you've already said that under 13:41:36 6 paragraph 5 that the IV team members are to be 13:41:37 7 licensed; correct? 13:41:38 8 MR. ZICK: 13:41:39 9 13:41:40 10 does say that they have to be licensed. 13:41:43 11 stipulate that it does say IV team members and 13:41:45 12 non-medically licensed team members. 13:41:46 13 13:41:51 14 you don't understand the requirements of 13:41:57 15 attachment F to be that the IV team members be 13:41:58 16 licensed; is that correct? 13:42:00 17 13:42:18 18 13:42:24 19 13:42:29 20 medical team would have knowledge of the 13:42:31 21 chemicals that are used during an execution? 13:42:33 22 13:42:34 23 13:42:36 24 13:42:39 25 interpret it that way, yes, sir. Q BY MR. SANDMAN: Object to form. THE WITNESS: Q A And the IT -- IV I don't read that it BY MR. SANDMAN: I did But you don't -- so As I've answered to you, sir, the medical team leader is a licensed person. Q Would you expect that members of the A The medical team leader, absolutely, Q Would you expect that all the members sir. of the medical team would have knowledge of Coash & Coash, Inc., 602-258-1440 Robert Patton - October 5, 2011 13:42:40 1 the names of the chemicals that are used 13:42:41 2 during an execution? 13:42:43 3 13:42:45 4 13:42:49 5 13:42:52 6 would you expect that the medical team member 13:42:55 7 who had a thorough understanding of the 13:43:01 8 Department Order 710 and attachment F would 13:43:04 9 have knowledge of the names of the chemicals 13:43:06 10 13:43:08 11 13:43:12 12 team leader to have that complete knowledge of 13:43:14 13 the names and the special operations team 13:43:16 14 leader, to have knowledge of the names because 13:43:19 15 that's who's responsible for mixing those 13:43:25 16 chemicals. 13:43:45 17 13:43:55 18 13:44:07 19 13:44:11 20 special operations team leader with the 13:44:14 21 approval of the division director for offender 13:44:17 22 operations will designate the team lead -- the 13:44:20 23 team member that will serve as the recorder. 13:44:23 24 Do you see that? 13:44:25 25 A The medical team leader, absolutely, Q What about the medical team member; sir. that are used during an execution? A Q I would -- I would expect the medical I want to ask you if you could turn the page to subsection C of attachment F. In paragraph 3 it provides that the A I do. Coash & Coash, Inc., 602-258-1440 133 Robert Patton - October 5, 2011 Q 134 13:44:27 1 When does that typically -- when does 13:44:30 2 13:44:32 3 13:44:38 4 special operations team leader and the Housing 13:44:40 5 Unit 9 team leader bring to me the teams they 13:44:42 6 have selected for that particular execution 13:44:46 7 and their alternates. 13:44:47 8 to. 13:44:49 9 13:44:51 10 13:44:52 11 13:44:57 12 13:45:01 13 13:45:02 14 observation or are they told to -- what -- 13:45:05 15 what to write down, or how is that supposed to 13:45:05 16 work? 13:45:07 17 13:45:09 18 what's going on and hearing what is -- what is 13:45:10 19 occurring is -- is my understanding, sir. 13:45:13 20 I have not been back in that room during a -- 13:45:15 21 during the execution. 13:45:15 22 stationed at. 13:45:17 23 Q 13:45:20 24 13:45:22 25 that designation typically occur? A Q The day before the execution, the So it's the day prior And what do you understand the recorder's obligations are? A To document the occurrences occurring in the chemical room. Q A And do they do that by their own By their own observation of seeing But That's not where I'm Is there training for the recorders that takes place during the training sessions? A All -- all the members of the special Coash & Coash, Inc., 602-258-1440 Robert Patton - October 5, 2011 135 13:45:25 1 operation team are trained in every area of 13:45:27 2 special operations, whether it be syringe 1, 13:45:31 3 2, 3, 4, recorder. 13:45:32 4 during every training session. 13:45:36 5 13:45:39 6 13:45:42 7 13:45:44 8 -- and as they're -- as we're practicing, they 13:45:46 9 -- they record what's going on. 13:45:48 10 13:45:51 11 they're observing, or are they trained to 13:45:54 12 write down what they're told to write down? 13:45:55 13 13:45:59 14 by the special operations team leader. 13:46:00 15 haven't had a discussion with him regarding 13:46:01 16 that. 13:46:06 17 13:46:11 18 trainings is there -- is that process 13:46:15 19 practiced during the trainings such that you 13:46:17 20 would know how to record -- 13:46:18 21 13:46:20 22 are -- during the training session, the 13:46:23 23 recorders in the special operations room are 13:46:25 24 recording during the training sessions. 13:46:33 25 Q They -- they all switch And how are the recorders trained to perform their job at an execution? A Q A Q A Q During practicum. They set there and Are they trained to write down what That would probably be best answered Okay. I -- I Do you know, during the I -- I know that the recorders And are there training records or Coash & Coash, Inc., 602-258-1440 Robert Patton - October 5, 2011 13:46:37 1 records preserved from the -- those training 13:46:38 2 activities -- 13:46:38 3 A I -- 13:46:40 4 Q -- including the recorder's notes and 13:46:41 5 13:46:42 6 13:46:44 7 13:46:45 8 13:46:46 9 13:46:47 10 13:46:49 11 can't directly testify to that as I have not 13:46:50 12 seen them. 13:47:00 13 13:47:02 14 page, it says the special operations team 13:47:05 15 shall be responsible for monitoring the inmate 13:47:06 16 and the IV lines. 13:47:07 17 A Uh-huh. 13:47:12 18 Q Would you expect that members of the 13:47:16 19 special operation team who had a thorough 13:47:19 20 understanding of their job duties would 13:47:21 21 understand that they had the responsibility to 13:47:24 22 monitor the inmate during the execution? 13:47:24 23 13:47:24 24 MR. ZICK: 13:47:27 25 THE WITNESS: so on? A I believe there would be, sir, but I have not seen them. Q You think there will be or there have A I believe there have been, but I -- I been? Q A Okay. In paragraph C.4 on the same Yes. Object to form. I would expect that. Coash & Coash, Inc., 602-258-1440 136 Robert Patton - October 5, 2011 Q 13:47:30 1 13:47:32 2 them to monitor the IV lines during an 13:47:33 3 execution as well? 13:47:35 4 13:47:39 5 by the Florence warden who's inside the room 13:47:44 6 at the time. 13:47:48 7 13:47:52 8 the special operations team to monitor the IV 13:47:54 9 lines, they don't perform that function. 13:47:54 10 13:47:56 11 13:47:58 12 operation -- the person that is over the 13:47:59 13 special operations team leader who is the 13:48:03 14 Housing Unit 9 team leader observes it. 13:48:05 15 essence, yes, special operations team is 13:48:09 16 observing as the team leader is. 13:48:12 17 special operations. 13:48:13 18 13:48:16 19 13:48:16 20 A Yes, sir. 13:48:18 21 Q -- is that the special operations 13:48:22 22 team does not perform this function, that 13:48:25 23 the -- the function, rather, is performed by 13:48:27 24 the Housing Unit 9 team leader? 13:48:29 25 A Q BY MR. SANDMAN: 137 And you would expect The IV lines are actually monitored So although paragraph C.4 requires Is that what you're telling me? A Q The leader of the special Okay. So in He's over I think what you're telling me, so that the record is clear -- A In essence, then the special Coash & Coash, Inc., 602-258-1440 Robert Patton - October 5, 2011 13:48:32 1 operations team is doing this, sir, as he is 13:48:37 2 over the special operations team. 13:48:41 3 13:48:43 4 13:48:45 5 13:48:47 6 13:48:50 7 13:48:53 8 Order 710 that the housing Unit 9 leader is an 13:48:55 9 appointed member of the special operations 13:48:55 10 13:48:56 11 13:49:00 12 team leader is responsible for all operations 13:49:02 13 in Housing Unit 9 which would include special 13:49:02 14 operations. 13:49:04 15 13:49:07 16 13:49:08 17 13:49:10 18 13:49:12 19 13:49:12 20 13:49:14 21 13:49:15 22 MR. ZICK: 13:49:16 23 THE WITNESS: 13:49:17 24 answered that, sir. 13:49:20 25 more -- any more clear than -- I'm not a Q Is the Housing Unit 9 leader a defined member of the special operations team? A He is over everybody in Housing Unit Q Can you show me where in Department 9. team? A Q I can tell you the Housing Unit 9 Okay. And the fact is, we don't want to -- I don't want to argue with you about it. The Housing Unit 9 leader is not a member of the special operations team? A He's over the special operations Q He's not a member of it? team. Object to form. I -- I've already I -- I can't answer any Coash & Coash, Inc., 602-258-1440 138 Robert Patton - October 5, 2011 139 13:49:21 1 member of the special operations team either, 13:49:25 2 but I'm over the special operations team. 13:49:27 3 that's -- best I can answer that question. 13:49:29 4 13:49:32 5 of the members of the special operation 13:49:33 6 team -- can you tell me who -- how many 13:49:39 7 members there are of that team? 13:49:41 8 13:49:50 9 13:49:52 10 this is an old policy, so I'll just tell you 13:49:59 11 what it says in here since this is -- policy's 13:50:01 12 been superceded several times. 13:50:02 13 According to Department Order 710, 13:50:05 14 consists of seven trained team members and a 13:50:07 15 team leader. 13:50:09 16 13:50:10 17 13:50:10 18 A That is correct. 13:50:13 19 Q Have any of those members you've just 13:50:16 20 identified been trained to monitor the IV 13:50:18 21 lines of the inmate? 13:50:19 22 MR. ZICK: 13:50:19 23 THE WITNESS: 13:50:23 24 answered, sir, the Housing Unit 9 team leader 13:50:25 25 monitors the line who's over the special Q A BY MR. SANDMAN: Do you know if any If you'll give me a minute, I believe there's -- and I don't want to guess. Q So And And that's the special operations team leader? Object to form. As I've already Coash & Coash, Inc., 602-258-1440 Robert Patton - October 5, 2011 13:50:26 1 operations team. 13:50:26 2 13:50:28 3 that, sir. 13:50:30 4 would like you to answer the question yes or 13:50:31 5 no. 13:50:33 6 13:50:36 7 team members that you just identified been 13:50:38 8 trained to monitor the IV lines of the inmate? 13:50:40 9 Yes or no? 13:50:43 10 13:50:45 11 monitor the line. Have they been trained to 13:50:47 12 look at the line? Sure. 13:50:49 13 the line. 13:50:51 14 anything else? 13:50:55 15 question is. 13:50:58 16 inmate. 13:51:05 17 Q 13:51:09 18 the special operation team have been trained 13:51:12 19 in how to monitor the IV lines of the inmate 13:51:14 20 during the execution? 13:51:15 21 13:51:18 22 13:51:21 23 13:51:25 24 particular -- did you -- did you say at an 13:51:27 25 earlier answer that this particular paragraph, Q BY MR. SANDMAN: I -- I understand My question was different, and I Have any of the special operation A A And explain to me what training is to Everybody looks at Have they been trained specifically I -- I'm not sure what your They're not in the room with the So you're saying that the members of If -- if you're asking for specific training, I can't answer that question. Q Okay. Now, you said that this Coash & Coash, Inc., 602-258-1440 140 Robert Patton - October 5, 2011 141 13:51:31 1 item C.4, has been changed several times? 13:51:33 2 13:51:35 3 changed -- or been revised several times, and 13:51:37 4 you keep referring to a policy that's been 13:51:41 5 superceded. 13:51:42 6 have in front of me. 13:51:53 7 13:51:57 8 if you could take a look at attachment F of 13:51:58 9 Exhibit 86 -- 13:51:59 10 A Uh-huh. 13:52:09 11 Q -- at page 2 of 9, paragraph C.4. 13:52:11 12 A I see that. 13:52:13 13 Q It provides that the special 13:52:16 14 operations team shall be responsible for 13:52:18 15 monitoring the inmate and the IV lines; 13:52:19 16 correct? 13:52:20 17 A That's what it says, sir. 13:52:25 18 Q Has that requirement in attachment F 13:52:27 19 13:52:30 20 A Not to my knowledge, sir. 13:52:32 21 Q And -- 13:52:34 22 A Or this particular -- are you asking 13:52:37 23 has C.4 been modified? 13:52:40 24 modified but C.4, not to my knowledge. 13:52:44 25 A Q I said that this policy's been So I can only answer to what you Let's take a look at Exhibit 86. And ever been modified, to your knowledge? Q Okay. Attachment F has been Other than the exhibits you Coash & Coash, Inc., 602-258-1440 Robert Patton - October 5, 2011 142 13:52:51 1 have in front of you, 85 and 86, are there any 13:52:55 2 other department order -- versions of 13:52:57 3 Department Order 710 that you are aware of or 13:53:00 4 that you have seen during the time that you've 13:53:02 5 been division director that have been in 13:53:04 6 effect while you've been division director? 13:53:06 7 13:53:07 8 13:53:09 9 Q And when did that become effective? 13:53:10 10 A I believe in September. 13:53:14 11 Q And September -- what date in 13:53:14 12 13:53:15 13 A I -- sir, I don't know. 13:53:17 14 Q Okay. 13:53:20 15 changes were made in that Department Order 710 13:53:26 16 to make it different than the provisions in 13:53:28 17 Exhibit 86? 13:53:30 18 13:53:34 19 13:53:37 20 13:53:38 21 13:53:39 22 A Yes, sir, I did. 13:53:43 23 Q Did -- during your review of it, 13:53:45 24 -- was there any provision in it that struck 13:53:47 25 you as being a change or something new? A I believe there's a newer one than -- than this 86. September? A And do you know what change or Without it setting in front of me and doing a side by side, sir, I cannot say. Q Do you -- did you read the new version of the Department Order 710? Coash & Coash, Inc., 602-258-1440 did Robert Patton - October 5, 2011 13:53:48 1 A 13:53:54 2 changes was -- I'm not sure what page it'll be 13:54:00 3 on the new one. 13:54:06 4 the syringes have been reduced to two for the 13:54:07 5 pentobarbital. 13:54:11 6 13:54:15 7 that's contained in attachment F has been 13:54:16 8 modified? 13:54:18 9 A Yes. 13:54:22 10 Q Instead of four syringes of sodium 13:54:23 11 pentothal, it's now two syringes of 13:54:26 12 pentobarbital? 13:54:26 13 A That is correct. 13:54:28 14 Q Okay. 13:54:31 15 change that was made in the September version 13:54:31 16 of -- 13:54:32 17 13:54:34 18 change in that one. 13:54:38 19 that that was the only change, but that is the 13:54:40 20 substantial change that I do remember from 13:54:45 21 that. 13:54:57 22 13:55:02 23 13:55:09 24 13:55:17 25 Q A Q I -- I can tell you one of the In the chemicals themselves, So if we just -- the chemical chart To two syringes. Are you aware of any other I believe that was the substantial But I -- I'm not saying Let's go back to Exhibit 85 for a moment on the same page, 2 of 9. Subsection D provides that -- in section D.1.II, upon receipt of the warrant of Coash & Coash, Inc., 602-258-1440 143 Robert Patton - October 5, 2011 13:55:19 1 the execution, the division director for 13:55:23 2 offender operations or designee shall ensure 13:55:26 3 the IV team members physically inspect the 13:55:29 4 inmate to predetermine appropriate venous 13:55:30 5 access locations. 13:55:33 6 13:55:39 7 13:55:40 8 Q I'm sorry? 13:55:42 9 A It says ensure IV team 13:55:46 10 members/ASPC-Eyman medical staff physically 13:55:49 11 inspect. 13:55:51 12 13:55:52 13 13:55:52 A Do you see that? I also see where it also says, slash, ASPC-Eyman medical staff under the same II. Q Okay. I -- you're looking at Exhibit 14 A Oh, I'm sorry, sir. 13:55:54 15 Q That -- that's okay. 13:55:55 16 13:55:55 17 A I'm sorry. 13:55:56 18 Q You're there. 13:55:56 19 A Okay. 13:55:59 20 Q Let's stay there for -- for now. 13:56:03 21 And so just so the record is clear, 13:56:07 22 we're looking at Exhibit 86 under subsection 13:56:12 23 D, on page 2 of attachment F; is that right? 13:56:13 24 A That's correct, sir. 13:56:18 25 Q Okay. 86. Let's just stay -- let -- let's stay there. And the requirement within Coash & Coash, Inc., 602-258-1440 144 Robert Patton - October 5, 2011 145 13:56:22 1 that version of Department Order 710 and 13:56:25 2 attachment F is that -- that you or your 13:56:30 3 designee are -- are required to ensure upon 13:56:35 4 receipt of the warrant of execution that 13:56:40 5 either the IV team members or ASPC medical 13:56:42 6 staff physically inspect the inmate to 13:56:44 7 predetermine appropriate venous access? 13:56:46 8 A That is correct, sir. 13:56:53 9 Q How -- how do you ascertain that 13:56:55 10 that's been done upon the issuance of a 13:56:57 11 warrant of execution? 13:56:59 12 13:57:02 13 testimony, I'm notified by division director 13:57:04 14 Dr. Mike Adu-tutu. 13:57:07 15 13:57:10 16 venous access, but he doesn't report to you 13:57:13 17 any predetermination of appropriate venous 13:57:15 18 access locations? 13:57:15 19 13:57:16 20 13:57:18 21 13:57:20 22 13:57:22 23 13:57:33 24 to Exhibit 85 in the same -- look at the same 13:57:35 25 provision in attachment F at page 2, paragraph A Q A As discussed previously in my Who tells you that he's looked at That's correct. MR. ZICK: Object to form. THE WITNESS: That is correct. That is correct, sir. Q BY MR. SANDMAN: Now, let's jump back Coash & Coash, Inc., 602-258-1440 Robert Patton - October 5, 2011 146 13:57:39 1 D. 13:57:41 2 This attachment F would have been in 13:57:50 3 effect during the executions of Mr. Landrigan, 13:58:00 4 Mr. King, and Mr. Beaty; is that right? 13:58:18 5 13:58:21 6 believe Beaty's the -- Exhibit 86 was in 13:58:26 7 effect for Beaty, I believe. 13:58:29 8 13:58:30 9 13:58:34 10 13:58:40 11 13:58:44 12 13:58:47 13 would have been in -- in effect for the first 13:58:50 14 two executions, Mr. King and Mr. Landrigan; is 13:58:50 15 that right? 13:58:52 16 A I believe so, sir, yes. 13:59:14 17 Q Do you know, is there a separate 13:59:22 18 effective date for the attachment F portion of 13:59:25 19 Exhibit 86? 13:59:27 20 13:59:30 21 13:59:36 22 13:59:38 23 portion of Exhibit 86 was actually not in 13:59:44 24 effect until June 10, 2011. 13:59:45 25 A I believe Landrigan and King. I Q Mr. Beaty's execution was May 25, A Yes. 2011? And Exhibit 86 was effective May 12, prior to his execution, sir. Q A Okay. So then the -- the Exhibit 85 It appears on page 1 of 9. I -- I see -- I'm sorry, sir. Go ahead. Q A It appears that the attachment F Is that correct? I'm not -- I -- I can't answer that Coash & Coash, Inc., 602-258-1440 Robert Patton - October 5, 2011 13:59:47 1 question, sir. 13:59:49 2 to where it says replacement page effective. 13:59:52 3 I'm not sure which page they're referring to 13:59:54 4 as I do not see that notated. 13:59:55 5 13:59:57 6 look at -- and I'm sorry to have you bouncing 14:00:01 7 back from these -- between these two 14:00:01 8 documents. 14:00:10 9 14:00:10 10 A Yes, sir. 14:00:13 11 Q You see at the bottom of the page of 14:00:14 12 each -- 14:00:16 13 A I do see that, sir, June 10. 14:00:18 14 Q Wait, let me finish my question, 14:00:19 15 though, because otherwise it's -- otherwise 14:00:20 16 only you and I will know what we're talking 14:00:21 17 about. 14:00:22 18 A Okay, sorry. 14:00:24 19 Q Anyone reading this later won't. 14:00:26 20 14:00:30 21 in Exhibit 86 is marked effective June 10, 14:00:31 22 2011; is that right? 14:00:33 23 14:00:33 24 14:00:35 25 Q I know what you're referring Okay. Well, let me ask you just to But Exhibit 86 attachment F, page 1? Each of -- each page of attachment F A I do see that at the bottom, yes, Q And so would you agree with me that sir. Coash & Coash, Inc., 602-258-1440 147 Robert Patton - October 5, 2011 14:00:40 1 that attachment F to Exhibit 86 was -- was not 14:00:42 2 in effect during the first three executions? 14:00:43 3 A I would agree to that. 14:00:49 4 Q Okay. 14:00:56 5 Exhibit 85, page 2 of attachment F. 14:00:58 6 back in subsection B. 14:00:59 7 A Uh-huh. 14:01:00 8 Q At least during the first three 14:01:05 9 14:01:06 10 ensure that the IV team members physically 14:01:09 11 inspected the inmate to predetermine 14:01:11 12 appropriate venous access locations. 14:01:15 13 14:01:18 14 receipt of the warrant of execution; is that 14:01:18 15 right? 14:01:19 16 A That is what it says, yes, sir. 14:01:25 17 Q Okay. 14:01:28 18 responsibility under the terms of attachment 14:01:30 19 F? 14:01:33 20 14:01:36 21 we did at those as well -- we had 14:01:39 22 Dr. Adu-tutu's staff assess him there, and 14:01:42 23 then our medical team leader assessed him once 14:01:44 24 he was received over in Housing Unit 9. 14:01:47 25 So now let's jump back to We're executions, it was your responsibility to And that was to occur upon the A Q And did you fulfill that What I did was had -- as we do now, Okay. So the -- the IV team members Coash & Coash, Inc., 602-258-1440 148 Robert Patton - October 5, 2011 149 14:01:50 1 did not physically inspect the inmate upon 14:01:53 2 receipt of the warrant of execution; correct? 14:01:56 3 14:01:58 4 the medical team currently assigned to the 14:01:58 5 team did. 14:02:00 6 14:02:03 7 members, contrary to the provisions of 14:02:05 8 attachment F, did not physically inspect the 14:02:10 9 inmate, according to your testimony, until the 14:02:11 10 14:02:13 11 MR. ZICK: 14:02:15 12 THE WITNESS: 14:02:18 13 inspected the inmate the -- the morning of the 14:02:21 14 -- of the execution. 14:02:23 15 14:02:27 16 14:02:31 17 14:02:35 18 bought him a very expensive sonogram machine, 14:02:38 19 and as part of the protocols in here is -- 14:02:39 20 that's part of his responsibility. 14:02:40 21 14:02:43 22 machine and did all that? 14:02:47 23 that, sir, as I'm not in the room. 14:03:04 24 14:03:06 25 A Q The Eyman medical staff did. Okay. None of And, in fact, the IV team day of the execution? Q Object to form. The medical team leader BY MR. SANDMAN: And you know that because -- how do you know that? A I can only testify to the fact that I Can I testify that he used the Q I cannot testify to If I could have you look at the next page of attachment F. Coash & Coash, Inc., 602-258-1440 Robert Patton - October 5, 2011 150 14:03:06 1 A Yes, sir. 14:03:21 2 Q Page 3. 14:03:24 3 2 provides the medical team leader will assign 14:03:26 4 a medical team member to prepare each chemical 14:03:28 5 and corresponding syringe. 14:03:30 6 A I do see that. 14:03:34 7 Q Do -- do you know how that's being 14:03:37 8 done or how that was done during the first 14:03:37 9 five executions? 14:03:39 10 14:03:41 11 14:03:51 12 14:03:54 13 paragraph 3 says the assigned medical team 14:03:56 14 member shall be responsible for preparing and 14:03:59 15 labeling the assigned sterile syringes. 14:03:59 16 you see that? 14:04:03 17 A I do see that, sir. 14:04:07 18 Q Would you expect that if this 14:04:10 19 provision requires the medical team members to 14:04:12 20 label the syringes that they would do that 14:04:15 21 rather than, for example, having a special 14:04:21 22 operations team member labeling the syringes? 14:04:29 23 14:04:33 24 the chemical room preparing -- can -- can you 14:04:36 25 give me just a second to read this again? A Under paragraph -- paragraph Do you see that? As I testified to earlier, sir, I'm not in there when the chemicals are mixed. Q A Okay. Now, the next paragraph, Do Our medical team leader is back in Coash & Coash, Inc., 602-258-1440 Robert Patton - October 5, 2011 14:04:44 1 It would be hard for me to testify to 14:04:47 2 that, sir, since I'm not back there. 14:04:49 3 would only be speculation on my part. 14:04:54 4 14:04:57 5 director that's responsible for having team 14:05:00 6 members under -- thoroughly understand their 14:05:03 7 responsibilities under Department Order 710 14:05:08 8 and attachment F, would you expect that the 14:05:10 9 medical team would do what this says, which is 14:05:13 10 they would label the assigned sterile syringes 14:05:16 11 in a distinctive manner? 14:05:17 12 14:05:19 13 syringes would be labeled in a distinct 14:05:20 14 manner. 14:05:22 15 Q By whom? 14:05:24 16 A By either the medical team leader or 14:05:27 17 medical team member, or I wouldn't even care 14:05:30 18 if it was a special ops leader that was back 14:05:31 19 there as long as they're -- the three of them 14:05:33 20 are back there during the -- during the mixing 14:05:36 21 and labeling of syringes. 14:05:40 22 actually on the syringe, I -- I wouldn't -- as 14:05:42 23 long as the syringes are properly -- and the 14:05:47 24 medical team leader has verified it all. 14:05:49 25 Q A Q I -- it Would you expect, as the division It is my expectation that the Who puts the label Anybody -- it would be okay with you Coash & Coash, Inc., 602-258-1440 151 Robert Patton - October 5, 2011 14:05:53 1 if anybody in the chemical room labeled the 14:05:54 2 syringes. 14:05:57 3 14:05:59 4 team -- medical teamed member, medical team 14:06:02 5 leader, or a member of the special operations 14:06:04 6 team that was assisting the medical team 14:06:10 7 leader at the time. 14:06:15 8 14:06:20 9 14:06:20 10 14:06:21 11 14:06:23 12 medical team member shall be responsible for 14:06:26 13 preparing and labeling the syringes? 14:06:28 14 14:06:44 15 14:06:47 16 14:06:50 17 14:06:53 18 attachment F, 85 and -- 85 and 86, require 14:06:56 19 that there be two labels affixed to each 14:06:59 20 syringe; is that right? 14:07:05 21 14:07:06 22 14:07:09 23 14:07:12 24 that would be -- that requirement would be 14:07:13 25 met? A Q Is that what you're saying? I did not say that. I said a medical And that is -- that provision remains in force in attachment 86 -MR. ZICK: Q A Object to form. BY MR. SANDMAN: -- that the assigned If you would give me a moment to turn to 86, please? I will stipulate that it is the same. Q A And in fact, both versions of It does say with two labels affixed to each syringe. Q Okay. Would you expect that -- that Coash & Coash, Inc., 602-258-1440 152 Robert Patton - October 5, 2011 14:07:14 1 A 14:07:17 2 protocol, yes, sir. 14:07:20 3 extent that it's done. 14:07:26 4 14:07:27 5 something's not being done; for example, if 14:07:31 6 the medical team is not labeling the syringes 14:07:34 7 -- or if the medical team is not labeling the 14:07:36 8 syringes with two labels, would it be your 14:07:39 9 expectation that you would be informed of that 14:07:42 10 fact by either someone from the medical team 14:07:47 11 or the special operations team? 14:08:23 12 A I could stipulate to that. 14:08:27 13 Q If you could turn to the next page, 14:08:30 14 14:08:31 15 A Which attachment? 14:08:33 16 Q Let's start with 85. 14:08:36 17 A Okay. 14:08:53 18 Q Now, I take it that within your role 14:08:56 19 in these executions that -- that you don't 14:09:02 20 personally do anything to supervise or verify 14:09:06 21 that the -- the syringes have been prepared 14:09:10 22 correctly and mounted on the gangway in the 14:09:11 23 way they're supposed to be. 14:09:12 24 14:09:14 25 Q I would expect that if it's in the I can't testify to the Well, if it wasn't done -- if page 4 of attachment F on 80 -- You rely on the -- the special operations team leader and medical leader to Coash & Coash, Inc., 602-258-1440 153 Robert Patton - October 5, 2011 14:09:16 1 make sure that's done correctly; is that fair? 14:09:18 2 14:09:21 3 14:09:27 4 14:09:31 5 paragraph 14, there's a provision that the 14:09:34 6 special operations team recorder is 14:09:38 7 responsible for completing the sequence of 14:09:39 8 chemicals form. 14:09:42 9 A I do see that, sir. 14:09:43 10 Q Do you -- would you expect that that 14:09:48 11 is -- that that requirement in attachment F be 14:09:52 12 fulfilled? 14:09:54 13 A I would stipulate that, yes, sir. 14:09:58 14 Q And I believe that that same 14:10:02 15 requirement is that same requirement contained 14:10:19 16 in -- in Exhibit 86? 14:10:22 17 14:10:26 18 paragraph 14. 14:10:29 19 A 14:10:32 20 does list the actual form number on -- on 14:10:42 21 Exhibit 86, which is 710-9. 14:10:44 22 14:10:49 23 important for the Department of Corrections to 14:10:54 24 document on the sequence of chemicals form the 14:10:57 25 amount of each chemical administered and A As I testified to earlier, sir, I'm not in there when the syringes are set up. Q Okay. And page 4 of Exhibit 85 in Do you see that? I think if you look at page 4, Q Yes, it -- the difference is that it Do you agree with me that it would be Coash & Coash, Inc., 602-258-1440 154 Robert Patton - October 5, 2011 14:10:59 1 confirm that it was administered in the order 14:11:01 2 set forth in the chemical chart? 14:11:03 3 A I would, sir. 14:11:07 4 Q In fact, would you agree with me that 14:11:11 5 that -- it's important for the doc -- for the 14:11:15 6 department to document it in some fashion the 14:11:18 7 exact amount administered and the order in 14:11:23 8 which it was given as required in paragraph 14 14:11:28 9 of this section of the attachment F? 14:11:31 10 MR. ZICK: 14:11:31 11 THE WITNESS: 14:11:33 12 14:11:40 13 14:11:41 14 14:11:46 15 14:11:46 16 14:11:49 17 14:11:52 18 operations team recorder has ever completed a 14:11:54 19 sequence of chemicals form for any of the five 14:11:56 20 executions which have occurred in the last 14:11:57 21 year? 14:11:59 22 MR. ZICK: 14:12:04 23 THE WITNESS: 14:12:06 24 been done, sir. 14:12:08 25 done the form. Object to form. I believe I've answered that already, sir. Q BY MR. SANDMAN: Have you ever seen this form? A 710-9, I don't recall if I've seen Q Do you know whether the special it. Object to form. I believe the form's I -- I can't testify to who's Coash & Coash, Inc., 602-258-1440 155 Robert Patton - October 5, 2011 14:12:09 1 Q BY MR. SANDMAN: You cannot testify 14:12:09 2 14:12:11 3 14:12:16 4 did -- who filled out the form. 14:12:18 5 not personally do it. 14:12:21 6 recorder do it. 14:12:22 7 front of me. 14:12:44 8 14:12:52 9 14:12:53 10 14:12:54 11 A Yes, sir. 14:13:05 12 Q Paragraph 4 on that page provides 14:13:10 13 that the inmate will be positioned to enable 14:13:12 14 the medical team and special operations team 14:13:16 15 leader to directly observe the inmate, the 14:13:19 16 inmate's arms, or other designated IV 14:13:21 17 location. 14:13:25 18 A I do see that, sir. 14:13:30 19 Q Would you agree with me that during 14:13:34 20 the first four executions that you attended 14:13:37 21 that the inmate was not positioned to enable 14:13:40 22 either the medical team or special operations 14:13:44 23 team leader to directly observe the designated 14:13:45 24 IV location? 14:13:47 25 it was done? A I can't testify that it -- who Q I -- I did I did not see the And I do not have the form in If I could have you look at page 5 of Exhibit 85. This is page 5 of attachment F. I'm sorry. Do you see that? MR. ZICK: Object to form. Coash & Coash, Inc., 602-258-1440 156 Robert Patton - October 5, 2011 14:13:48 1 THE WITNESS: 14:13:50 2 earlier, sir. 14:13:54 3 had that vision. 14:13:57 4 14:14:00 5 the director of the Department of Corrections 14:14:06 6 authorize the first four executions to proceed 14:14:10 7 without enabling the medical team and special 14:14:14 8 operations team leader to directly observe the 14:14:15 9 designated IV location? 14:14:18 10 14:14:19 11 14:14:20 12 rephrase that question. 14:14:22 13 authority to call for an execution, sir. 14:14:22 14 Q BY MR. SANDMAN: 14:14:25 15 A I do not have the authority to call 14:14:27 16 for or stop an execution. 14:14:27 17 responsibility. 14:14:29 18 14:14:49 19 14:14:49 20 14:14:49 21 14:14:49 22 14:14:52 23 14:14:54 24 sir, I do not have the authority to authorize 14:14:57 25 an execution to proceed. Q I will testify as I did The Housing Unit 9 team leader BY MR. SANDMAN: MR. ZICK: Object to form. THE WITNESS: Q Okay. Did either you or I -- you'll need to I -- I don't have the I'm sorry? That's not my Maybe I'll ask the court reporter to read that back for you? A Okay. (The question was read by the reporter.) THE WITNESS: All I can answer is, That sole -- falls Coash & Coash, Inc., 602-258-1440 157 Robert Patton - October 5, 2011 14:14:58 1 solely on the director. 14:14:58 2 14:15:00 3 14:15:01 4 14:15:04 5 Your question is, did I authorize an execution 14:15:06 6 to proceed. 14:15:07 7 14:15:11 8 misunderstood my question. 14:15:11 9 me try to rephrase it. 14:15:13 10 I'm not asking you whether you have 14:15:19 11 authority to authorize or, you know, disallow 14:15:21 12 an execution. 14:15:22 13 Do you understand that? 14:15:23 14 A I do understand that. 14:15:26 15 Q Okay. 14:15:31 16 authorize the medical team and special 14:15:38 17 operations team leader to not directly observe 14:15:41 18 the inmate's designated IV location during an 14:15:42 19 execution? 14:15:45 20 14:15:46 21 Housing Unit 9 team leader who is over those 14:15:49 22 teams had direct observation of the IV site, 14:15:49 23 sir. 14:15:51 24 14:15:52 25 Q BY MR. SANDMAN: I'm sorry, you don't have the authority to -A Q Authorize an execution to proceed. A Q That is not within my power. Okay. Well, I'm -- I think you Okay? But let me -- let That's not my question. My question is: Did you As I've stated prior, sir, the Okay. And I think the record is very clear and I think you've made -- I agree Coash & Coash, Inc., 602-258-1440 158 Robert Patton - October 5, 2011 14:15:55 1 you've made the record clear as to who 14:15:56 2 observed the IV line. 14:15:59 3 14:16:00 4 division director of operations, instructed 14:16:04 5 the medical team and special operations team 14:16:08 6 leader not to directly observe the location of 14:16:10 7 the inmate's IV location? 14:16:11 8 14:16:14 9 14:16:16 10 team leader you're not to observe the site. 14:16:18 11 And my answer is no, I never said that to the 14:16:20 12 medical team leader or the special operations 14:16:23 13 team leader directing them not to observe the 14:16:23 14 site. 14:16:24 15 14:16:27 16 question is: 14:16:30 17 medical team or the special operations team 14:16:34 18 leader to directly observe the IV site of the 14:16:35 19 inmate during an execution? 14:16:36 20 A No, sir, I did not. 14:16:43 21 Q And to your knowledge, did the 14:16:46 22 director of the Department of Corrections give 14:16:48 23 any direction to the medical team or the 14:16:52 24 special operations team with respect to their 14:16:54 25 observation or non-observation of the I want to know whether you, as the A Your question is, did I ever say to the medical team leader or special operations Q Okay. And the reverse of that Did you ever instruct the Coash & Coash, Inc., 602-258-1440 159 Robert Patton - October 5, 2011 160 14:16:56 1 designated IV location of the inmate? 14:16:56 2 MR. ZICK: 14:16:57 3 THE WITNESS: 14:16:58 4 knowledge of that sir. 14:17:31 5 14:17:32 6 14:17:32 7 MS. VIGO: 14:17:34 8 MR. SANDMAN: 14:17:35 9 14:17:35 10 THE WITNESS: 14:17:35 11 MS. VIGO: 14:17:36 12 THE VIDEOGRAPHER: 14:17:39 13 record. 14:17:42 14 2:17. 14:17:42 15 14:17:42 16 14:32:20 17 14:32:24 18 record. 14:32:28 19 p.m. 14:32:34 20 14:32:37 21 or division director, I should say, do -- to 14:32:40 22 your knowledge, are special operation team 14:32:48 23 members trained in the labeling of syringes? 14:32:50 24 A I do not have that knowledge, sir. 14:32:57 25 Q And do you know whether special Object to form. MR. SANDMAN: I have no direct Time for a break or should we -2:15, that's what I have. It's been an hour. If you want to take a break, we can. That's good. Yeah. We are off the The time on the video monitor is This concludes disc 2. (A recess was held, after which the deposition resumed as follows:) THE VIDEOGRAPHER: We are on the The time on the video monitor is 2:32 This begins disc 3. Q BY MR. SANDMAN: Director Patton -- Coash & Coash, Inc., 602-258-1440 Robert Patton - October 5, 2011 14:33:00 1 operation team recorders are trained to record 14:33:04 2 deviations from the department order or 14:33:10 3 attachment F in the sequence of chemicals 14:33:12 4 form. 14:33:12 5 MR. ZICK: 14:33:13 6 THE WITNESS: 14:33:15 7 14:33:27 8 14:33:30 9 five executions that have taken place during 14:33:34 10 the past few years -- past year, has anybody 14:33:38 11 reported to you that there's been a deviation 14:33:40 12 from the requirements of Department Order 710 14:33:43 13 or attachment F? 14:33:45 14 14:33:48 15 14:33:49 16 14:33:52 17 not present for, did anyone report to you that 14:33:54 18 there was any deviation from Department Order 14:33:56 19 710 or attachment F? 14:33:57 20 A No, sir. 14:34:13 21 Q If I could ask you to turn to Exhibit 14:34:17 22 85, we're in attach -- we're still in 14:34:17 23 attachment F. 14:34:21 24 We're now at page 5, subsection G, 14:34:25 25 which I believe starts at the bottom of that Object to form. I do not have direct knowledge of that, sir. Q A BY MR. SANDMAN: During any of the During the four executions I was present for, sir, no. Q And during the one execution you were Coash & Coash, Inc., 602-258-1440 161 Robert Patton - October 5, 2011 14:34:34 1 page, and subsection G then runs through 14:34:38 2 the -- about the top two-thirds of the next 14:34:41 3 page. 14:34:45 4 refamiliarize yourself with a review of 14:34:55 5 section G. 14:35:24 6 A I have read that, sir. 14:35:26 7 Q And are you -- are you generally 14:35:31 8 familiar with the requirements set forth in -- 14:35:33 9 in section G? 14:35:34 10 A 14:35:37 11 in section G. 14:35:38 12 performed, sir. 14:35:43 13 14:35:52 14 Exhibit 86, attachment F, page 6 whether the 14:35:56 15 procedures in that section of Exhibit 86, 14:36:00 16 section G are the same as they are in Exhibit 14:36:05 17 85? 14:36:27 18 A It appears to be the same, sir. 14:36:34 19 Q Okay. 14:36:38 20 let's just focus on -- that'll be our point of 14:36:42 21 reference. 14:36:52 22 14:36:55 23 executions that took place prior to your 14:36:57 24 becoming division director, executions that 14:36:59 25 took place at the Department of Corrections in If you could just take a moment to Q I've -- I'm aware of what's written I haven't observed it being And could you just verify for us in The Exhibit 85, section G, Do you know, sir, anything about the Coash & Coash, Inc., 602-258-1440 162 Robert Patton - October 5, 2011 14:37:00 1 Arizona? 14:37:01 2 MR. ZICK: 14:37:02 3 THE WITNESS: 14:37:04 4 was executions prior to me being division 14:37:05 5 director, did not participate in those 14:37:06 6 executions, sir. 14:37:07 7 14:37:11 8 you don't have any personal knowledge of -- of 14:37:13 9 where the IVs were inserted into those inmates 14:37:17 10 that were executed by lethal injection in 14:37:21 11 Arizona prior to those five inmates that have 14:37:24 12 been executed this past year? 14:37:25 13 A 14:37:26 14 of that, sir. 14:37:31 15 Q 14:37:33 16 representations that were made to the federal 14:37:36 17 district court in prior litigation over lethal 14:37:41 18 injection in Arizona concerning which sites 14:37:47 19 would be access for the execution drugs, which 14:37:48 20 IV sites? 14:37:50 21 14:37:52 22 14:37:55 23 14:38:01 24 provisions in attachment F to both Exhibits 85 14:38:06 25 and 86, subsection G, that the peripheral Q A Object to form. I'm aware that there BY MR. SANDMAN: That is correct. And I take it then I have no knowledge And are you aware of any I have not read such a case study, no, sir. Q Is it your understanding from the Coash & Coash, Inc., 602-258-1440 163 Robert Patton - October 5, 2011 14:38:11 1 veins are to be the veins of choice for 14:38:13 2 inserting the execution drugs? 14:38:15 3 14:38:17 4 again, I have not been in the room when this 14:38:20 5 has occurred and as directed by the director 14:38:25 6 of this agency and as stating here, the med -- 14:38:28 7 it's the medical team leader's call. 14:38:29 8 that's all I can state, sir. 14:38:31 9 14:38:32 10 know what veins he's checked. 14:38:33 11 testify to that. 14:38:39 12 14:38:43 13 Department of Corrections has -- let me strike 14:38:44 14 that. 14:38:44 15 14:38:50 16 of the four executions that -- that -- that 14:38:52 17 took place where -- where you were present 14:38:55 18 during the time of execution, do you know 14:38:58 19 where the IV catheters were placed in those 14:38:59 20 four inmates? 14:39:00 21 A As I stated earlier -- 14:39:01 22 Q You don't have any personal 14:39:02 23 14:39:03 24 A I have no personal knowledge. 14:39:06 25 Q Okay. A It is my understanding, sir -- and And I -- I'm not in the room, so I don't Q Okay. I -- I can't Do you know whether the Do you -- do you know in -- in each knowledge? Do you know whether the Coash & Coash, Inc., 602-258-1440 164 Robert Patton - October 5, 2011 165 14:39:07 1 Department of Corrections has documented 14:39:12 2 anyplace an opinion of the medical team leader 14:39:16 3 that it was not possible to reliably place two 14:39:17 4 peripheral lines in the inmate? 14:39:19 5 14:39:25 6 14:39:35 7 14:39:46 8 85, page 6 at subparagraph 5 it says that the 14:39:49 9 IV catheter shall not be covered and shall 14:39:51 10 remain visible throughout the procedure. 14:39:52 11 you see that? 14:39:53 12 A That is correct, sir. 14:39:55 13 Q Do you -- do you know whether that 14:39:57 14 requirement has been honored during each of 14:39:59 15 the four executions -- the first four 14:39:59 16 executions? 14:40:01 17 14:40:04 18 place a sheet over the inmate's groin area to 14:40:07 19 protect his dignity, sir. 14:40:12 20 14:40:16 21 this particular provision in paragraph 5 that 14:40:19 22 requires that the IV catheter not be covered, 14:40:20 23 did you authorize that it be covered? 14:40:25 24 14:40:33 25 A I'm not aware of such documentation, Q And on the next page of -- of Exhibit sir. A Q A Do The first four executions we did Do you know, did you authorize that The director did, sir, to protect the inmate's dignity. Coash & Coash, Inc., 602-258-1440 Robert Patton - October 5, 2011 14:40:35 1 I would also like to stress that it 14:40:37 2 did -- it did remain, as -- as it states 14:40:39 3 further in there, and shall remain visible 14:40:41 4 throughout the procedure. 14:40:43 5 throughout the procedure to the Housing Unit 9 14:40:54 6 team leader. 14:40:57 7 14:41:10 8 8, this paragraph authorizes a medical team 14:41:13 9 member to utilize a per -- percutaneous 14:41:17 10 central line in the inmate's femoral vein if 14:41:19 11 in the opinion of -- of a qualified medical 14:41:21 12 team member such a line may reasonably be 14:41:22 13 placed; is that right? 14:41:25 14 A I do read that in here, sir. 14:41:30 15 Q And one of the conditions to 14:41:32 16 inserting the femoral line would be that the 14:41:36 17 medical team leaders have an opinion that it's 14:41:39 18 not possible to reliably place a peripheral 14:41:43 19 line in the inmate; is that correct? 14:41:44 20 MR. ZICK: 14:41:46 21 THE WITNESS: 14:41:48 22 14:41:49 23 14:41:50 24 paragraph begins with the language as follows: 14:41:54 25 Should it become necessary to use an alternate Q It was visible Now, on that same page in paragraph Object to form. I -- I'm sorry, sir, I do not see where you're reading that from. Q BY MR. SANDMAN: Okay. Well, the Coash & Coash, Inc., 602-258-1440 166 Robert Patton - October 5, 2011 14:41:58 1 means of establishing an IV line because in 14:41:59 2 the opinion of the medical team leader it is 14:42:02 3 not possible to reliably place a peripheral 14:42:06 4 line in the inmate, a medical team member may 14:42:08 5 utilize a percutaneous central line in the 14:42:12 6 inmate's femoral vein. 14:42:12 7 A Yes, sir. 14:42:12 8 Q Do you see that? 14:42:13 9 A Yes, sir, I do read that. 14:42:16 10 Q So do you understand this to -- to 14:42:20 11 mean that a femoral -- the placement of a 14:42:23 12 percutaneous central line is only appropriate 14:42:26 13 if the team -- if the medical team leader 14:42:28 14 concludes that it's not possible to reliably 14:42:34 15 place a peripheral line in the inmate? 14:42:34 16 MR. ZICK: 14:42:36 17 THE WITNESS: 14:42:38 18 team leader has the ultimate call on the 14:42:40 19 placement of the line. 14:42:42 20 there, sir, to determine any other lines that 14:42:45 21 he tried to establish, may or may not have 14:42:48 22 tried to establish, or any discussions he may 14:42:50 23 or may not have had with the director of this 14:42:50 24 agency. 14:42:52 25 Q Object to form. Again, sir, the medical I have not been in BY MR. SANDMAN: I -- I understand Coash & Coash, Inc., 602-258-1440 167 Robert Patton - October 5, 2011 14:42:54 1 that you don't have any direct knowledge about 14:42:56 2 any of this. 14:42:57 3 14:42:59 4 14:43:00 5 14:43:00 6 Q Okay. 14:43:00 7 A -- yes, sir. 14:43:02 8 Q But my question really isn't about 14:43:04 9 14:43:06 10 question is whether you know and understand 14:43:12 11 the requirement in paragraph 8 of attachment F 14:43:15 12 in subsection G. 14:43:16 13 A I do understand what it says. 14:43:20 14 Q Okay. 14:43:25 15 percutaneous central line can be placed, the 14:43:26 16 medical team leader first has to conclude that 14:43:29 17 it's not possible to reliably place a 14:43:30 18 peripheral line in the inmate; correct? 14:43:31 19 14:43:32 20 14:43:33 21 14:43:34 22 question is: 14:43:36 23 requirement would be satisfied in each and 14:43:40 24 every case where a peripheral line cannot be 14:43:41 25 utilized? That's your testimony; correct? A That is -- that is -- I am not in the room when this occurs -- what you know about the procedure. A And it does say that before a That is what it says. MR. ZICK: Q My Object to form. BY MR. SANDMAN: Okay. And my only Would you expect that that Coash & Coash, Inc., 602-258-1440 168 Robert Patton - October 5, 2011 14:43:43 1 MR. ZICK: 14:43:43 2 THE WITNESS: 14:43:46 3 that the medical team leader with his 14:43:48 4 knowledge would know whether or not he -- 14:43:53 5 where he should insert the -- the line, sir, 14:43:54 6 through his observation of the inmate. 14:43:55 7 14:43:58 8 knowledge, has the Department of Corrections 14:44:01 9 required the medical team leader to document 14:44:05 10 in any fashion a conclusion that it was not 14:44:08 11 possible to reliably place a peripheral line 14:44:10 12 in any of the inmates? 14:44:11 13 14:44:13 14 two minutes ago and stated I'm not aware of 14:44:35 15 any such documentation, sir. 14:44:39 16 14:44:43 17 paragraph 8, says that the medical team member 14:44:46 18 responsible for placing a percutaneous central 14:44:49 19 line in the inmate's femoral vein shall have 14:44:51 20 at least one year of regular and current 14:44:53 21 professional experience conducting that 14:44:54 22 procedure. 14:44:56 23 A I do see that, sir. 14:44:59 24 Q Have you personally conducted any 14:45:03 25 Q Object to form. It is my expectation A BY MR. SANDMAN: Okay. To your Q I believe I answered that question The same paragraph we're looking at, Do you see that? type of investigation to determine whether the Coash & Coash, Inc., 602-258-1440 169 Robert Patton - October 5, 2011 14:45:07 1 medical team members or the leader medical 14:45:09 2 team member have that sort of experience? 14:45:10 3 A No, sir, I have not. 14:45:12 4 Q Do you -- to your knowledge, has 14:45:13 5 anyone from the Department of Corrections 14:45:15 6 conducted that investigation? 14:45:16 7 14:45:20 8 leader was appointed prior to my appointment. 14:45:22 9 I'm -- I -- I'm not aware if they did or not, 14:45:23 10 14:45:29 11 14:45:34 12 14:45:38 13 14:45:41 14 you should determine whether the medical 14:45:43 15 leader -- team leader has that experience? 14:45:44 16 14:45:47 17 with the medical team leader and what his 14:45:51 18 current job is, what his current licensing is, 14:45:52 19 he has that experience. 14:45:56 20 14:45:59 21 you base that conclusion on that he has that 14:46:00 22 experience. 14:46:02 23 14:46:04 24 leader, personal conversations with him 14:46:07 25 regarding what he does for a living outside A As I stated earlier, the medical team sir. Q Okay. Was -- would that be something that you believe that you should determine? As division director, do you think A Q A I can tell you from my conversations Okay. And tell -- so tell me what Conversations with the medical team Coash & Coash, Inc., 602-258-1440 170 Robert Patton - October 5, 2011 14:46:07 1 of -- 14:46:08 2 14:46:09 3 information is that he told you that -- that 14:46:12 4 causes you to believe he has the experience? 14:46:14 5 14:46:16 6 he's done this procedure numerous times in the 14:46:20 7 past. 14:47:30 8 Q In page 8 of Exhibit 85 -- 14:47:30 9 A Yes, sir. 14:47:37 10 Q Under subsection J, paragraph 3. 14:47:39 11 A Yes, sir. 14:47:41 12 Q It provides that the special 14:47:44 13 operations team recorder shall observe the 14:47:46 14 disposal of all chemicals that were not 14:47:49 15 administered and document in the sequence of 14:47:52 16 chemicals form the chemical name, syringe 14:47:57 17 number, amount disposed, date disposed, and 14:47:59 18 the time; correct? 14:47:59 19 A That is correct. 14:48:01 20 Q Do you know whether that's ever been 14:48:02 21 done in -- in connection with any of the five 14:48:08 22 executions that have occurred this past year? 14:48:10 23 14:48:14 24 form itself, sir, so I would just have to 14:48:15 25 speculate. Q A Okay. And tell me what the A He is a licensed physician and said I have not actually looked at the Coash & Coash, Inc., 602-258-1440 171 Robert Patton - October 5, 2011 14:48:20 1 Q Okay. And I take it then you're also 14:48:23 2 not aware of the -- whether the requirement in 14:48:25 3 the last sentence there in paragraph 3 is 14:48:27 4 complied with where it says that the special 14:48:29 5 operations team leader and the recorder will 14:48:33 6 each sign the sequence of chemicals form with 14:48:33 7 their identifiers. 14:48:36 8 14:48:37 9 14:48:39 10 14:48:40 11 14:48:42 12 seen the form so I don't -- I could not 14:48:49 13 testify whether both of them signed it or not. 14:50:24 14 14:50:33 15 what's previously been marked as Exhibit 14:50:41 16 8 -- excuse me, Exhibit 43, Exhibit 41, and 14:50:48 17 Exhibit 42. 14:50:51 18 look through those, if you would. 14:51:16 19 A All right, sir. 14:51:18 20 Q Have you ever reviewed these forms 14:51:19 21 14:51:22 22 14:51:23 23 14:51:29 24 14:51:32 25 You don't know whether that's been complied with, do you? MR. ZICK: THE WITNESS: Object to form. Q Again, sir, I have not BY MR. SANDMAN: Sir, I've handed you And I'd like to have you take a previously? A I do not recall reviewing these specific forms, no, sir. Q Okay. Do you know what the purpose of any -- these three exhibits are? Coash & Coash, Inc., 602-258-1440 172 Robert Patton - October 5, 2011 14:51:36 1 A Exhibit 42 is our checklist for 14:51:43 2 Housing Unit 9 that we use for each execution. 14:51:46 3 The correctional journal, it looks like 14:51:48 4 probably the correctional journal that's kept 14:51:52 5 by the recorder in the chemical room, I 14:52:00 6 believe. 14:52:02 7 that you asked me about earlier, sir. 14:52:06 8 14:52:09 9 14:52:12 10 recording the information that is required by 14:52:16 11 the attachment F in the protocol, is it? 14:52:17 12 14:52:17 13 14:52:18 14 14:52:21 15 A I do not know, sir. 14:52:31 16 Q Okay. 14:52:38 17 Exhibit 42 prepared? 14:52:41 18 operations checklist. 14:52:42 19 14:52:42 20 14:52:43 21 Q Yes. 14:52:46 22 A It is part of our standard process 14:52:48 23 14:52:51 24 14:52:54 25 Q And the chemical disposition form Okay. And this is -- this chemical disposition form in Exhibit 43 is not MR. ZICK: Q Object to form. BY MR. SANDMAN: Do you know whether it does or not? A At whose direction is the That's the special I'm sorry, at whose direction is it prepared? for every execution. Q And, I mean, is there some provision in Department Order 710 that requires this to Coash & Coash, Inc., 602-258-1440 173 Robert Patton - October 5, 2011 14:52:54 1 be prepared? 14:52:57 2 14:53:00 3 anything in 710 that says this will be 14:53:00 4 prepared. 14:53:01 5 14:53:03 6 the information that's contained in Exhibit 41 14:53:06 7 -- 42 comes from? 14:53:08 8 14:53:08 9 14:53:10 10 14:53:12 11 14:53:16 12 14:53:22 13 receive the information that she puts in -- 14:53:25 14 records on -- on Exhibit 42. 14:53:26 15 MR. ZICK: 14:53:27 16 THE WITNESS: 14:53:30 17 observation because she is in Housing Unit 9 14:53:37 18 or through radio traffic, sir. 14:53:42 19 14:53:44 20 14:53:45 21 14:53:46 22 14:53:47 23 14:53:49 24 Q And where is that located? 14:53:52 25 A Do you have a map inside the housing A Q I do not believe it's part of any -- Okay. And do you know where -- where Who -- who is the recorder of the information? A That would be that we discussed earlier, sir. Q Q And where does she in turn get -- Object to form. Either through personal BY MR. SANDMAN: So do you know where was during the execution of Mr. Landrigan? A She's at the recorder's table in Housing Unit 9. Coash & Coash, Inc., 602-258-1440 174 Robert Patton - October 5, 2011 14:54:16 1 unit? I can show you, sir. 14:54:16 2 14:54:16 3 Number 87 for identification as of October 5, 14:54:17 4 2011.) 14:54:22 5 14:54:24 6 14:54:25 7 THE COURT REPORTER: 14:54:25 8 MR. SANDMAN: 87. 14:54:25 9 THE WITNESS: That's -- 14:54:27 10 14:54:29 11 14:54:29 12 A That's a horrible drawing. 14:54:30 13 Q -- Exhibit 87. 14:54:33 14 A This is a horrible drawing, not even 14:54:35 15 14:54:36 16 14:54:38 17 14:54:39 18 14:54:41 19 14:54:44 20 14:54:44 21 14:54:44 22 MS. VIGO: 14:54:45 23 THE WITNESS: 14:54:47 24 because I'm not sure what each of these 14:54:48 25 area -- equipment room, injection room, (The document was marked as Exhibit MR. SANDMAN: What exhibit number is that, please? Q BY MR. SANDMAN: 87. We've handed you what's marked as -- close. MR. ZICK: We'll stipulate that it's not drawn to scale. THE WITNESS: Yeah. Really not drawn to scale. MR. SANDMAN: Maybe we could have this marked also. Yeah. It talks about -- Coash & Coash, Inc., 602-258-1440 175 Robert Patton - October 5, 2011 176 14:54:50 1 security area. I'm not visualizing what these 14:54:56 2 are meant to be. 14:54:59 3 the -- 14:55:01 4 14:55:02 5 14:55:03 6 14:55:04 7 14:55:08 8 -- let me stop you for a moment and hand you 14:55:13 9 what was previously marked as Exhibit 21. 14:55:17 10 A Okay. 14:55:21 11 Q And I think what was intended was for 14:55:24 12 Exhibit 87 to depict simply the -- what I'll 14:55:29 13 call the top portion of Exhibit 21 in -- in a 14:55:31 14 rough scale fashion. 14:55:34 15 14:55:38 16 14:55:42 17 leads out to the back waiting area. 14:55:46 18 covered area, she is stationed right here at a 14:55:49 19 table right as you walk in the door on the 14:55:49 20 east wall. 14:55:53 21 14:55:57 22 14:55:59 23 A (Witness complied.) 14:56:14 24 Q May I see that for a moment? 14:56:20 25 I'm guessing that would be MR. ZICK: Inmate is here. Chemical room. THE WITNESS: Q A Gotcha. BY MR. SANDMAN: Let me -- before you On -- on this drawing on Exhibit 87, would be -- this is a door that Q Okay. So maybe you could just put in her initials there, So The ? Okay. would be in the Coash & Coash, Inc., 602-258-1440 Robert Patton - October 5, 2011 14:56:27 1 security area. 14:56:30 2 could she hear the -- what was going on in the 14:56:33 3 equipment room during the injection of the 14:56:33 4 chemicals? 14:56:34 5 A Yes, she can. 14:56:38 6 Q And is that because there's a -- the 14:56:41 7 audio equipment brings the sound into the 14:56:42 8 security area? 14:56:42 9 14:56:45 10 14:56:57 11 14:56:59 12 14:56:59 13 A Yes, there is a door there. 14:57:02 14 Q And is that door kept open when 14:57:04 15 14:57:05 16 14:57:07 17 14:57:24 18 14:57:48 19 Exhibit 42 at page 4 down -- near the top or 14:57:51 20 the middle of the page where it says phase 1? 14:57:54 21 A Yes, sir, I see that. 14:57:56 22 Q Phase 1 is the injection of the first 14:57:57 23 14:57:59 24 A That's what it states, yes, sir. 14:58:02 25 Q And this would have been -- this A Would she have -- could she -- Please understand that the entire room is about the quarter size of this room. Q Okay. So is there a -- a door up here between the equipment and the security -- would have been in there? A The majority of times I've seen that door, it's open. Q Okay. If you could look at page -- chemicals; is that right? Coash & Coash, Inc., 602-258-1440 177 Robert Patton - October 5, 2011 14:58:04 1 exhibit relates to Mr. Landrigan's execution; 14:58:05 2 is that right? 14:58:07 3 14:58:08 4 14:58:11 5 14:58:15 6 14:58:17 7 14:58:17 8 14:58:20 9 14:58:24 10 during phase 1, first injection that eight 14:58:29 11 syringes filled with 1.25 grams each of sodium 14:58:32 12 pentothal were given to Mr. Landrigan; is that 14:58:33 13 right? 14:58:35 14 14:58:37 15 14:58:38 16 14:58:41 17 that's twice the dose that's to be given to 14:58:44 18 Mr. Landrigan during the first phase of the 14:58:45 19 injection process? 14:59:00 20 MR. ZICK: 14:59:08 21 THE WITNESS: 14:59:12 22 entire -- can I have just a moment just to 14:59:17 23 look at the -- give me just one second, 14:59:18 24 please. 14:59:19 25 Q A I'm sorry, sir, I -- yes, in October. Yes, sir, it does. Q And the first injection would have been sodium thiopental; is that correct? A That is what it states on here, yes, Q And sir. A has recorded that She has documented that on this form. That is correct, sir. Q And would you agree with me that Object to form. That would be the BY MR. SANDMAN: Maybe we could Coash & Coash, Inc., 602-258-1440 178 Robert Patton - October 5, 2011 14:59:27 1 together look at Exhibit 85 in attachment F at 14:59:29 2 page 3 for the chemical charts. 14:59:33 3 14:59:41 4 Yes, it appears that what's documented here 14:59:46 5 was an error. 14:59:49 6 Q 14:59:52 7 14:59:59 8 attachment F of Exhibit 85, Mr. Landrigan was 15:00:02 9 to be administered five grams of sodium 15:00:06 10 15:00:11 11 A In phase 1? 15:00:13 12 Q The -- the initial injection of the 15:00:19 13 first chemical, he was to receive four 15:00:20 14 syringes? 15:00:23 15 15:00:24 16 15:00:25 17 Q And that would be five grams? 15:00:27 18 A That would be five total grams. 15:00:28 19 Q Okay. 15:00:32 20 supposed to receive five grams of sodium 15:00:34 21 pentothal in phase 1. 15:00:36 22 15:00:37 23 injection of -- of the initial chemical; is 15:00:38 24 that right? 15:00:39 25 A Yeah, that's what I'm looking for. Well, let me ask you this. According to the chemical chart in pentothal in phase 1; is that right? A Four syringes of 1.25 grams per syringe. And so Mr. Landrigan was That's the -- that's the initial A That is what the chemical chart Coash & Coash, Inc., 602-258-1440 179 Robert Patton - October 5, 2011 180 15:00:40 1 states, yes, sir. 15:00:43 2 15:00:45 3 Mr. Landrigan was given eight syringes filled 15:00:49 4 with 1.25 grams? 15:00:51 5 A That is what this states, yes, sir. 15:00:55 6 Q And is there any way for us to 15:00:57 7 determine now how much was administered? 15:01:00 8 you know? 15:01:03 9 15:01:04 10 medical team leader would be able to testify 15:01:08 11 to that, sir. 15:01:12 12 as I was not back there. 15:01:18 13 15:01:31 14 15:01:31 15 15:01:34 16 15:01:40 17 15:01:48 18 15:01:51 19 of thiopental that was given to Mr. Landrigan, 15:01:54 20 does it not? 15:01:54 21 A It does. 15:01:58 22 Q And it identifies the total as 5,000 15:02:00 23 15:02:08 24 15:02:14 25 Q Okay. A And recorded that Do The special ops team leader and the Q I would not be able to testify Take a look at Exhibit 43. Do you know, by the way, who signs this form? A No, sir. It's blacked out, and I have not viewed the signature on this form. Q Exhibit 43 reports the total dosage milligrams or five grams; is that right? A It says 500 milligram vial, 30 units prepped, 10 units used, 5,000 milligrams is Coash & Coash, Inc., 602-258-1440 Robert Patton - October 5, 2011 15:02:16 1 what I'm reading on the form, sir. 15:02:18 2 15:02:18 3 15:02:19 4 A No, sir, I do not. 15:02:27 5 Q Okay. 15:02:34 6 you have not reviewed any of the logs or 15:02:41 7 summaries containing an explanation of the 15:02:43 8 quantities of drugs that were actually 15:02:46 9 administered to any of the five inmates that 15:02:48 10 15:02:49 11 15:02:53 12 not involved in mixing of the chemicals nor 15:02:54 13 reviewing this chemical disposition form. 15:02:56 14 15:02:58 15 reviewed the various logs and compared them 15:03:01 16 and -- to determine whether there's any 15:03:05 17 consistency between the reporting of the 15:03:06 18 amounts that were administered to the amounts 15:03:09 19 of chemicals that were administered to the 15:03:10 20 inmates; correct? 15:03:11 21 MR. ZICK: 15:03:12 22 THE WITNESS: 15:03:13 23 say, sir, that I was not involved with this, 15:03:15 24 nor have I reviewed this form. 15:03:15 25 Q Okay. Do you know how to interpret this form? Would it be fair to say that were executed during the last year? A Q Q It would be safe to say, sir, I was And have you -- and you also have not Object to form. It would be fair to BY MR. SANDMAN: Okay. Coash & Coash, Inc., 602-258-1440 181 Robert Patton - October 5, 2011 15:03:19 1 A You are correct. 15:03:21 2 Q And have you reviewed the logs for 15:03:24 3 15:03:29 4 15:03:37 5 the -- the document that's called chemical 15:03:39 6 disposition form? 15:03:40 7 15:03:43 8 reviewed this form, this chemical disposition 15:03:46 9 form, Exhibit 43 prior on any execution. 15:03:48 10 Q Okay. 15:03:50 11 A And as I've testified to before, yes, 15:03:53 12 I have looked at various journals both in 15:03:55 13 training and after execution. 15:04:00 14 testify that I've reviewed all of them. 15:04:27 15 15:04:30 16 15:04:30 17 MS. KLAUSNER: 15:04:31 18 THE VIDEOGRAPHER: 15:04:34 19 record. 15:04:35 20 p.m. 15:04:35 21 15:04:35 22 15:05:45 23 15:05:49 24 record. 15:05:52 25 p.m. any of the other four executions, either log or the recorder's log or A As previously stated, I have not MR. SANDMAN: I cannot Can we go off the record for a moment? Sure. We are off the The time on the video monitor is 3:04 (A recess was held, after which the deposition resumed as follows:) THE VIDEOGRAPHER: We are on the The time on the video monitor is 3:05 Coash & Coash, Inc., 602-258-1440 182 Robert Patton - October 5, 2011 Q BY MR. SANDMAN: 183 15:05:54 1 Sir, can you -- 15:05:57 2 can -- can you recall which of the execution 15:05:59 3 logs that you may have reviewed out of the 15:06:01 4 five executions we've had the last five years? 15:06:01 5 A No, sir, I -- 15:06:04 6 Q I mean last year, excuse me. 15:06:06 7 A No, sir, I can't. 15:06:07 8 looked at logs. 15:06:09 9 which one of the executions, whether it was 15:06:12 10 15:06:13 11 15:06:17 12 filling them out. 15:06:20 13 she's filling some of this out. 15:06:23 14 I cannot testify to which ones. 15:06:26 15 15:06:31 16 you -- you did look at any of the execution 15:06:34 17 logs, did you observe any -- any -- did you 15:06:37 18 have any questions or concerns about any 15:06:40 19 inconsistencies between and among the various 15:06:41 20 logs when you looked at them? 15:06:43 21 15:07:40 22 15:07:40 23 15:07:40 24 Number 88 for identification as of October 5, 15:07:41 25 2011.) I -- I know I've I can't tell you exactly one, two, three, or four of them. I've looked at them as they're Q A I stand by as But no, sir, And in -- to -- to the extent that I do not recall expressing any concern regarding the logs. (The document was marked as Exhibit Coash & Coash, Inc., 602-258-1440 Robert Patton - October 5, 2011 184 15:07:47 1 MR. SANDMAN: 15:07:49 2 THE COURT REPORTER: 15:07:56 3 15:08:00 4 15:08:00 5 A Uh-huh. 15:08:06 6 Q -- consists of two pages. 15:08:07 7 15:08:08 8 before? 15:08:10 9 A Yes, sir, I have. 15:08:13 10 Q Let's just start with page 1. 15:08:14 11 15:08:17 12 15:08:21 13 believe by the Eyman complex. 15:08:26 14 ADR, ADR would be for Al Ramos who was the 15:08:29 15 deputy warden at the time of the Browning 15:08:33 16 Unit, which has our condemned row on it. 15:08:35 17 it looks like it is documentation for things 15:08:39 18 they did at the 35-day mark. 15:08:42 19 15:08:44 20 maintain a log like this that then runs 15:08:49 21 through the -- the -- the execution itself? 15:08:51 22 15:08:54 23 does or the next page is signed by, and I 15:08:58 24 recognize the initials as Ernie Trujillo. 15:09:00 25 Q What number are we at? BY MR. SANDMAN: 88. Sir, 88 -- what's been marked as Deposition Exhibit 88 -- Have you ever seen these documents What is that? A Q A Q This is a form created by -- I The initials And And then does this -- does someone You would have to ask Al Ramos if he Could I have it? Coash & Coash, Inc., 602-258-1440 Robert Patton - October 5, 2011 15:09:02 1 This first page of Exhibit 88 deals 15:09:05 2 15:09:07 3 15:09:07 4 15:09:09 5 15:09:12 6 the upper right-hand part of the checklist 15:09:12 7 Bible? 15:09:13 8 A That is correct. 15:09:15 9 Q So each of the -- looks like each of 15:09:17 10 these pages deals with a different inmate; 15:09:17 11 correct? 15:09:18 12 A That is correct. 15:09:22 13 Q And you said that the -- the second 15:09:26 14 page of the exhibit is initialed by a 15:09:26 15 different person? 15:09:27 16 15:09:28 17 knowledge, that's the initials of Ernie 15:09:32 18 Trujillo who is the warden at Eyman complex. 15:09:34 19 I know his initials. 15:09:39 20 15:09:40 21 15:09:43 22 15:09:45 23 15:09:48 24 15:09:50 25 with inmate Beaty; is that right? A That's the name that's at the top, yes, sir. Q A Q Then the next page someone wrote on That is -- only from personal And forgive me, the person that signed page 1? A Is Al Ramos who's the deputy warden of the Browning Unit. Q Okay. So are different wardens or different -- and different facilities Coash & Coash, Inc., 602-258-1440 185 Robert Patton - October 5, 2011 15:09:52 1 maintaining their own checklists prior to each 15:09:53 2 ex -- execution? 15:09:55 3 15:09:58 4 looking at it coming straight out of the 15:10:00 5 policy, and it -- and it appears that they 15:10:03 6 were documenting that they had done the 15:10:04 7 things -- they did the things that were 15:10:07 8 required for them to do out of the policy at 15:10:11 9 the 35-day mark. 15:10:12 10 15:10:16 11 15:10:17 12 this for the -- the five executions we've been 15:10:19 13 discussing? 15:10:21 14 15:10:22 15 15:10:25 16 15:10:28 17 forms that you use to personally track things 15:10:32 18 that are supposed to be done? 15:10:34 19 15:10:38 20 days, have these things been done. 15:10:44 21 official documents, but things that I want to 15:10:46 22 ensure that are done as we go along with the 15:10:46 23 execution. 15:10:49 24 15:10:51 25 A These -- each one of these are This is not a policy-required form. Q A Okay. Have you seen the forms like I have my own personal forms that I -- I track as well, yes. Q A Okay. Q And what are -- what are the A similar checklist to see if the 35 Nothing And how do you document your checklist; do you do it manually or Coash & Coash, Inc., 602-258-1440 186 Robert Patton - October 5, 2011 187 15:10:51 1 electronically? 15:10:54 2 A Mine is man -- I do mine manually. 15:10:57 3 Q And where are those documents or 15:11:03 4 15:11:05 5 15:11:09 6 they're in my home office or my home -- or in 15:11:13 7 the office itself. 15:11:14 8 15:11:21 9 15:11:22 10 all agree on that? 15:11:23 11 MR. ZICK: 15:11:23 12 MR. SANDMAN: 15:11:24 13 15:11:24 14 MS. VIGO: 15:11:25 15 MR. SANDMAN: -- it's probably 15:11:26 16 15:11:29 17 THE WITNESS: But looking at these, 15:11:31 18 15:11:31 19 15:11:32 20 document -- do you have the -- the checklist 15:11:35 21 that you created for the -- for each of the 15:11:38 22 five executions? 15:11:40 23 15:11:41 24 15:11:43 25 checklists that you create manually? A I would have to speculate that either MR. SANDMAN: I'm advised that these -- this exhibit is confidential. Do we Yeah. If I've been told that -Yeah. correct. these are right out of the policy so -Q A BY MR. SANDMAN: Okay. I -- I'd have to check. Now, the I -- I can't say for sure I do. Q And if you have them, you'll give Coash & Coash, Inc., 602-258-1440 Robert Patton - October 5, 2011 15:11:45 1 them to your counsel -- 15:11:45 2 A Yes. 15:11:47 3 Q -- and they'll get them to us? 15:11:48 4 A Yes. 15:11:49 5 Q Okay. 15:11:51 6 documents? 15:11:51 7 if you have the checklist. 15:11:53 8 Are there any other documents that 15:11:57 9 you -- that you have concerning any of these 15:11:57 10 15:12:00 11 15:12:38 12 15:12:41 13 15:12:43 14 acquisition of the drugs that were used in 15:12:44 15 Mr. Landrigan's execution. 15:13:01 16 15:13:01 17 15:13:01 18 Number 89 for identification as of October 5, 15:13:02 19 2011.) 15:13:06 20 15:13:08 21 15:13:09 If I still have them. Do you have any other I'm not -- I know you don't know five executions? A As I stated from the beginning, I keep no official documents of the execution. Q A I want to just go back briefly to the Yes, sir. (The document was marked as Exhibit Q BY MR. SANDMAN: This will be Exhibit 22 A Uh-huh. 15:13:17 23 Q Have you seen the emails that are 15:13:22 24 15:13:24 25 89? shown on Exhibit 89? A I'm not familiar with the email, no, Coash & Coash, Inc., 602-258-1440 188 Robert Patton - October 5, 2011 15:13:27 1 sir. I'm not saying I have not seen it, but I 15:13:28 2 do not recall seeing it. 15:13:29 3 is to me or not. 15:13:32 4 15:13:33 5 15:13:35 6 15:13:39 7 emails regarding the -- obtaining the 15:13:40 8 chemicals, but I don't remember if this is one 15:13:46 9 of them or not, sir. 15:13:49 10 15:13:51 11 there -- that there was a gray market in the 15:13:54 12 pharmaceutical industry that Department of 15:13:56 13 Corrections ought to be concerned about in 15:13:58 14 terms of where they acquire their chemicals? 15:14:00 15 15:14:05 16 15:14:06 17 15:14:08 18 15:14:09 19 MR. ZICK: 15:14:10 20 THE VIDEOGRAPHER: 15:14:13 21 record. 15:14:15 22 p.m. 15:14:15 23 15:14:15 24 15:23:49 25 Q I don't know if this And you don't remember if you've ever seen it? A Q A No, sir. I know I was copied on some Did anyone ever tell you that I'm not familiar with the term gray market, sir. MR. SANDMAN: break. Let's just take a short I may be just about done so -Okay. We are off the The time on the video monitor is 3:14 (A recess was held, after which the deposition resumed as follows:) THE VIDEOGRAPHER: We are on the Coash & Coash, Inc., 602-258-1440 189 Robert Patton - October 5, 2011 15:23:53 1 record. 15:23:55 2 p.m. 15:24:00 3 15:24:04 4 to go back to a comment that you made about a 15:24:09 5 checklist that you -- a form of checklist that 15:24:14 6 you maintain before each execution. 15:24:15 7 remember we discussed that -- 15:24:16 8 A Yes, sir, I do. 15:24:18 9 Q -- earlier? 15:24:21 10 15:24:28 11 a checklist prior to each of these executions, 15:24:32 12 where to -- where do you store that document? 15:24:34 13 15:24:36 14 I -- in this notebook. 15:24:40 15 and -- and the checklist as I go along in this 15:24:40 16 notebook. 15:24:42 17 15:24:45 18 documents when -- after the inmate is 15:24:45 19 executed? 15:24:47 20 15:24:50 21 in my home file cabinet or a file cabinet at 15:24:52 22 work, but I'll verify once I get back. 15:24:53 23 Q Okay. 15:24:54 24 A I believe I still have them. 15:24:56 25 Q -- do you keep any other type of Q The time on the video monitor is 3:23 BY MR. SANDMAN: Mr. Patton, I want Do you And where do -- when you're creating A Q A While I'm working on it, I keep what I keep the policy And then what do you do with the As I stated earlier, they're either And -- Coash & Coash, Inc., 602-258-1440 190 Robert Patton - October 5, 2011 15:24:58 1 notes or other documents that pertain to a 15:25:00 2 particular execution? 15:25:03 3 15:25:03 4 15:25:06 5 15:25:11 6 that works with you that -- that helps you in 15:25:13 7 meeting your obligations under the Department 15:25:16 8 Order 710? 15:25:23 9 15:25:27 10 lot on executions only due to personal 15:25:27 11 beliefs. 15:25:30 12 15:25:31 13 maintain any records or documents pertaining 15:25:33 14 to any of these executions? 15:25:34 15 15:25:35 16 15:25:36 17 Q Okay. 15:25:38 18 A All those are kept at Florence. 15:25:39 19 Q And -- 15:25:40 20 A And she does not participate in 15:25:41 21 15:25:46 22 15:25:48 23 15:25:51 24 15:25:53 25 A No, sir. Q Okay. Not that I'm aware of, no, sir. A Q A And do you have an assistant My executive assistant helps not a I mean, do you know whether she would Oh, she would not read -- maintain any records or documents, no, sir. executions. Q And do you have a home office where you sometimes keep documents? A I -- I do. After 30 years I have file cabinet at home that I keep work records Coash & Coash, Inc., 602-258-1440 191 Robert Patton - October 5, 2011 15:25:54 1 in. I believe the documents you're 15:25:59 2 referencing are probably in a file cabinet in 15:26:00 3 my office. 15:26:01 4 Q 15:26:02 5 office? 15:26:02 6 A Yes. 15:26:03 7 Q Okay. 15:26:05 8 at -- you will look in your home office to see 15:26:08 9 if you have any records regarding any of these 15:26:08 10 15:26:10 11 15:26:12 12 you that I do not have any -- other than the 15:26:14 13 checklist, I have no -- and the checklists are 15:26:18 14 not -- let me stress this again -- an official 15:26:19 15 form of any time -- any type. 15:26:19 16 Q Okay. 15:26:20 17 A It's just something I created for 15:26:20 18 myself. 15:26:23 19 Q 15:26:24 20 wanted to just quickly follow up with you on 15:26:26 21 because you made a reference that you don't 15:26:28 22 have official documents. 15:26:31 23 15:26:34 24 15:26:35 25 At your official office not your home But you -- will you look executions? A I will verify again, but I can tell And that's why -- another thing I At least, you know, we're interested in anything official or unofficial. A I understand. Coash & Coash, Inc., 602-258-1440 192 Robert Patton - October 5, 2011 15:26:35 1 Q Okay. 15:26:36 2 A Understood. 15:26:39 3 Q So if you have anything -- any 15:26:43 4 documents that are official or unofficial that 15:26:47 5 are related to the five executions or 15:26:52 6 trainings related to executions, people 15:26:54 7 selected, we would like you to -- to provide 15:26:56 8 those to your counsel. 15:26:57 9 A Absolutely. 15:27:09 10 Q Okay. 15:27:15 11 not able to stay and be at the execution of 15:27:17 12 Mr. West because you had an urgent family 15:27:19 13 matter to attend to? 15:27:19 14 A That is correct. 15:27:23 15 Q And I assume you informed the 15:27:25 16 15:27:30 17 15:27:32 18 15:27:32 19 Q Okay. 15:27:34 20 A And he acknowledged within five or 15:27:36 21 ten minutes sending me -- sending me his 15:27:37 22 prayers and wishes. 15:27:42 23 15:27:44 24 then designated to perform your function the 15:27:46 25 remainder of that day? Would you do that? You mentioned that you were director that you would need to leave? A I emailed the director as I left the motel room that morning. Q Okay. And there was a substitute Coash & Coash, Inc., 602-258-1440 193 Robert Patton - October 5, 2011 15:27:46 1 A That is correct. 15:27:49 2 Q And did that person -- I think you've 15:27:51 3 15:27:51 4 A I did. 15:27:52 5 Q -- to the record. 15:27:55 6 15:28:00 7 have to -- in order to be able to fulfill your 15:28:00 8 role that day? 15:28:02 9 A She also attended all the trainings. 15:28:05 10 Q All the special operation team 15:28:06 11 15:28:07 12 15:28:08 13 15:28:10 14 15:28:13 15 so that if you were not present or could not 15:28:15 16 be present that she would be able to stand in 15:28:16 17 for you? 15:28:17 18 A That is correct. 15:28:27 19 Q One final thing I just wanted to ask 15:28:32 20 you about that's in the attachment F. 15:28:35 21 look at Exhibit 85. 15:28:36 22 A Okay. 15:28:37 23 Q Yeah. 15:28:39 24 A Okay. 15:28:48 25 Q In section L, which would be -- I already identified who that was in -- What -- what training did that person trainings? A She mirrored me for the last year. Everything I did, she did. Q Okay. And that was done specifically You can 85, sir? Coash & Coash, Inc., 602-258-1440 194 Robert Patton - October 5, 2011 195 15:28:50 1 guess it's page 9. 15:28:52 2 A Yes, sir. 15:29:01 3 Q This is the debriefing provision in 15:29:02 4 15:29:04 5 A Debriefing policy review, yes, sir. 15:29:07 6 Q I think you said that you did 15:29:09 7 participate in a debriefing immediately upon 15:29:11 8 completion of the execution? 15:29:13 9 15:29:13 10 15:29:16 11 15:29:18 12 15:29:21 13 A Except for Mr. West, sir. 15:29:24 14 Q And this section says that the 15:29:26 15 division director for offender operations 15:29:30 16 shall ensure that each team member is also 15:29:32 17 contacted at a later date for follow-up and 15:29:33 18 comment? 15:29:36 19 15:29:37 20 training session we go through everything that 15:29:40 21 we went through at the last execution, see if 15:29:42 22 anybody has any further comments, suggestions, 15:29:46 23 and I also talk individually to each team 15:29:48 24 member just to make sure they're okay. 15:29:49 25 tough duty. attachment F; is that right? A After -- after every practice and every execution, yes, sir. Q And you did that in this case except for Mr. West; right? A That's -- we do. At our next It's Coash & Coash, Inc., 602-258-1440 Robert Patton - October 5, 2011 15:29:50 1 Q At -- at the next training you do 15:29:51 2 15:29:51 3 A Yes, sir. 15:29:53 4 Q Has there been any training since Mr. 15:29:54 5 15:29:56 6 A No, sir, there is not. 15:29:58 7 Q So is it fair to say there was no 15:30:02 8 follow-up since Mr. West's execution to ensure 15:30:05 9 that team members -- with -- with team 15:30:06 10 15:30:07 11 15:30:18 12 15:30:21 13 15:30:25 14 says, the procedures shall be reviewed during 15:30:27 15 each execution rehearsal and after each 15:30:30 16 execution by the medical team members and 15:30:31 17 special operations team members. 15:30:31 18 A That -- 15:30:32 19 Q Do you see that? 15:30:34 20 A That is correct, sir. 15:30:39 21 Q Has that been done after each 15:30:42 22 15:30:45 23 A At the debriefing, yes, sir. 15:30:48 24 Q And to your knowledge, are there any 15:30:55 25 that? West's execution? members? A There has not been a training since the last execution, sir. Q Okay. Then paragraph 2 of section L execution? documents or is there any documentation of the Coash & Coash, Inc., 602-258-1440 196 Robert Patton - October 5, 2011 15:30:57 1 debriefings that you've described? 15:30:59 2 15:31:02 3 I -- I am not aware if 15:31:05 4 the debriefing or not. 15:31:09 5 15:31:11 6 procedures outlined herein shall be 15:31:13 7 independently reviewed by the department's 15:31:16 8 quality assurance committee at the -- at the 15:31:19 9 issuance of a warrant of execution and after 15:31:23 10 15:31:25 11 15:31:26 12 15:31:30 13 15:31:33 14 the Florence warden, and the special 15:31:36 15 operations team leader. 15:31:37 16 15:31:43 17 committee conducted the reviews that are 15:31:45 18 required by paragraph L.3? 15:31:46 19 A Yes, sir. 15:31:49 20 Q Is there any documentation of those 15:31:51 21 15:31:54 22 A Not that I'm aware of, sir. 15:32:25 23 Q You testified earlier today that 15:32:29 24 during the four executions that you attended 15:32:34 25 that you had met with the inmates at various A Q As I testified to earlier, sir, I -documents And in paragraph 3 it says that the every execution and annually. Do you know who was on the department quality assurance committee? A Q That would be Director Ryan, myself, So has the quality assurance quality assurance committee reviews? Coash & Coash, Inc., 602-258-1440 197 Robert Patton - October 5, 2011 198 15:32:38 1 times during the day of the execution; is that 15:32:39 2 correct? 15:32:39 3 A That is correct. 15:32:44 4 Q And do you recall the nature of those 15:32:47 5 conversations which -- with each of those four 15:32:49 6 inmates that occurred on the day of their 15:32:50 7 execution? 15:32:54 8 15:32:57 9 15:33:00 10 little bit. 15:33:02 11 inmate over, I go to the cell front, explain 15:33:05 12 the process to the inmate that we're going to 15:33:08 13 be moving him over to Housing Unit 9. 15:33:09 14 15:33:11 15 explain to him the procedures that are going 15:33:13 16 to go on through the night. 15:33:16 17 that he's eligible to receive a mild sedative, 15:33:19 18 what procedure he needs to request a mild 15:33:21 19 sedative to help him sleep that night if he 15:33:23 20 cares to do so, and I also run through the 15:33:25 21 process for the next day so there will be no 15:33:27 22 surprises for him. 15:33:31 23 15:33:33 24 the housing unit, he's -- he's being prepared 15:33:36 25 for -- to move to the table. A General conversations. I go in that morning, make sure -- let me back up just a The night before when we move the We move him to Housing Unit 9. I I explain to him The next morning when I go down to I go in there, Coash & Coash, Inc., 602-258-1440 Robert Patton - October 5, 2011 15:33:38 1 check to see how he's doing, if he has any 15:33:40 2 questions, and whatever he wants to talk 15:33:40 3 about. 15:33:45 4 15:33:47 5 talk about his last meal, how much he enjoyed 15:33:51 6 it. 15:33:55 7 angels. 15:33:57 8 whole lot, but we sat there and listened to 15:33:59 9 him. 15:34:02 10 inmate. 15:34:04 11 whatever makes them most comfortable to talk 15:34:04 12 about. 15:34:06 13 Q 15:34:07 14 visits? 15:34:08 15 A 15:34:12 16 We're never alone with the inmate. 15:34:15 17 throughout the night are teamed up. 15:34:18 18 have him in the room, the restraint team 15:34:21 19 leader's with him the entire time. 15:34:21 20 out the room, and at least two other restraint 15:34:22 21 team members are with him as well. 15:34:24 22 15:34:28 23 can do to make him as comfortable as possible. 15:34:30 24 Our -- our goal is professional and humane, 15:34:34 25 and I feel discussion with an inmate, whatever I can tell you inmate Bible wanted to Inmate King wanted to talk about seeing Beaty really didn't care to talk a Just depends. It's all up to the There's no set structure to it, And is anybody with you during these Yes, there's someone always with us. My teams When we I'm in and And again, it's -- it's whatever we Coash & Coash, Inc., 602-258-1440 199 Robert Patton - October 5, 2011 15:34:38 1 he wants to talk about in his last moments of 15:34:39 2 life is very important. 15:34:43 3 15:34:46 4 Dale Baich stopped me on the yard to thank me 15:34:49 5 for the way we treat his clients each and 15:34:51 6 every time. 15:34:54 7 professional, how humane we've treated them 15:34:54 8 throughout this process. 15:34:59 9 important to me. 15:35:00 10 15:35:01 11 15:35:03 12 THE WITNESS: 15:35:04 13 MR. ZICK: 15:35:06 14 THE VIDEOGRAPHER: 15:35:10 15 record. 15:35:12 16 p.m. 15:35:28 17 concludes the deposition. 15:35:28 18 15:35:28 19 15:35:28 20 15:35:28 21 15:35:28 22 15:35:28 23 15:35:28 24 15:35:28 25 And it's been pointed out to me. They've always commented on how MR. SANDMAN: And that's extremely That's all I have. Thank very much. Thank you, sir. We'll read and sign. We are off the The time on the video monitor is 3:35 This concludes disc 3, and this (The deposition concluded at 3:35 p.m.) _________________________________ ROBERT PATTON Coash & Coash, Inc., 602-258-1440 200 Robert Patton - October 5, 2011 201 1 2 3 STATE OF ARIZONA COUNTY OF MARICOPA ) ) Be it known that the foregoing deposition 4 was taken by me pursuant to stipulation of counsel; 5 that I was then and there a Certified Court Reporter 6 in the State of Arizona, and by virtue thereof 7 authorized to administer an oath; that the witness 8 before testifying was duly sworn by me to testify to 9 the whole truth; pursuant to request, notification 10 was provided that the deposition is available for 11 review and signature; that the questions propounded 12 by counsel and the answers of the witness thereto 13 were taken down by me in shorthand and thereafter 14 transcribed into typewriting under my direction; 15 that the foregoing pages are a full, true, and 16 accurate transcript of all the proceedings had upon 17 the taking of said deposition, all done to the best 18 of my skill and ability. 19 I FURTHER CERTIFY that I am in no way 20 related to nor employed by any parties hereto; nor 21 am I in any way interested in the outcome thereof. 22 23 24 Dated at Phoenix, Arizona, this__________day of ___________________, 2011. ____________________________________ CINDY MAHONEY, RMR, No. 50680 25 Coash & Coash, Inc., 602-258-1440