Case Document 263-1 Filed in USDC on 03/27/14 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA ROBBIE EMERY BURKE, as the Special Administratrix of the Estate of Elliott Earl Williams, Deceased, vs. Case No. STANLEY GLANZ, SHERIFF 0F TULSA COUNTY, et a1, Defendants. DEPOSITION OF MICHELLE ROBINETTE DATE: APRIL 18, 2013 REPORTER: MARISA SPALDING, CSR, RPR Spalding Reporting Service, Inc. 1611 South Utica Avenue, Box 153 Tulsa, Oklahoma 74104 (918) 794?6399 (918) 284?2017 3 EXHIBIT Case Document 263-1 Filed in USDC on 03/27/14 Page 2 of 10 Page 123 1 do you know why Mr. Williams was drug on a blanket into 2 this video?monitored cell? 3 MR. WEBSTER: Object to form. 4 THE WITNESS: Later I found out it was 5 because he was not able to walk on his own. 6 (By Mr. Smolen) Do you know why he was put in 7 a video?monitored cell? 8 A After the fact, not prior to. 9 Okay. After the fact, why did you learn he was 10 put in a video?monitored cell? 11 A So that they sorry. 12 MR. WEBSTER: Object to form. 13 THE WITNESS: So they could monitor him to 14 see if he was faking it. 15 (By Mr. Smolen) When you say they could 16 monitor him, who are you referring to? 17 A The detention officer sitting at the desk and 18 the medical department. 19 Where does this video screen play? I mean, is 20 someone observing this video? 21 A Yes. 22 24 hours a day? 23 A Not necessarily 24 hours a day. It sits at the 24 desk in medical where the detention officer sits. 25 Okay. So is there supposed to be someone Spalding Reporting Service, Inc. Case Document 263?1 Filed in USDC on 03/27/14 Page 3 of 10 Page 152 A I agree that it was wrong, but I cannot state 2 that it violated any one particular policy. 3 Why was it wrong? 4 A Because you don't dump people off of gurneys. 5 Have you seen those gurneys before? 6 A Yes. 7 How high are they when they're raised? 8 A I don't recall. 9 Give me your best estimate. 10 A 3 feet, maybe. 2, 3 feet. 11 And you learned that they did that right after 12 Mr. Williams had been telling him that he couldn't move 13 and that he couldn't get up; that he could not walk; 14 that he had paralysis? 15 A I learned that they did that after Mr. Williams 16 died. 17 I'm sorry. Right. You learned it after Mr. 18 Williams died through the investigation process? 19 A Correct. 20 But through the investigation process, you 21 learned that Tommy Fike and Sergeant Hinshaw dumped Mr. 22 Williams off of a gurney that was 2 to 3 feet high after 23 the inmate had been telling those detention officers 24 that he couldn't move and was paralyzed, correct? 25 A Correct. Spalding Reporting Service, Inc. Case Document 263-1 Filed in USDC on 03/27/14 Page 4 of 10 Page 171 1 or an external state statute that you're aware of that 2 requires inmates to be properly fed and hydrated while 3 they are in custody? 4 A Minimum jail standards. 5 What is what does that policy state? 6 A Specifically, I can't tell you. They they 7 have a right to food and medical. 8 Let's deal with food right now food and 9 water? 10 A Correct. 11 Okay. And do you know what the standard 12 requires? 13 A Not specifically, no. 14 Would you at least agree with me that you 15 assume it requires three meals a day, correct? 16 A Statute, yes. 17 Proper hydration, correct? 18 A Access to water, yes. 19 Access to water. You observed Mr. Williams in 20 the video?monitored cell in the medical unit, correct? 21 MR. FORTNEY: Object to the form. Vague 22 as to time. 23 (By Mr. Smolen) During the time that we 24 know we at least have one Video from Cell 1, okay? Did 25 you review the video 51 hours of video of Mr. Spalding Reporting Service, Inc. Case Document 263-1 Filed in USDC NDIOK on 03/27/14 Page 5 of 10 Page 172 1 Williams in that cell? 2 A Yes. 3 Okay. And based on your observations, was Mr. 4 Williams properly fed and hydrated? 5 A No. 6 And what about the way Mr. Williams was fed and 7 hydrated was inappropriate? 8 A He was given a styrofoam cup of water placed at 9 his shoulder that he never drank that was kicked over by 10 a doctor and never replaced or a nurse. I can't 11 remember which. He was fed with styrofoam trays which 12 is normal. They were either placed inside the bean hole 13 or put on the floor in front of the door. And no time 14 during that video did I see him go to them and eat any 15 of the food out of them. None of my detention officers 16 took the time to open the door to verify that he was 17 eating or assist him any. 18 Well, they didn't even need to open the door. 19 The video was playing right outside the door. 20 A They didn't open the door to see if they needed 21 to assist him with eating. 22 But you would agree with me, though, that just 23 after watching the 51 hours, anyone sitting at the 24 detention officer's desk could have observed that he 25 couldn't eat or drink, correct? Spalding Reporting Service, Inc. Case Document 263-1 Filed in USDC on 03/27/14 Page 6 of 10 Page 194 1 between you know? 2 A I do not. 3 Is there a reason why they're kept cold? 4 A I don't believe that it's intentional. 5 THE COURT REPORTER: I'm sorry? 6 THE WITNESS: I don't believe that it?s 7 intentional. 8 (By Mr. Smolen) Have you ever heard of the 9 suicide you watch cells being used to torture inmates? 10 A We don't torture inmates. 11 You don't believe that this was torture? 12 A Your definition of torture and mine are 13 different. 14 Apparently. Do you believe that this video 15 depicts an inmate being tortured? 16 A No. 17 You don't believe to deprive an inmate of food 18 and water is torture? 19 MR. FORTNEY: Object to the form. Being 20 argumentative. 21 THE WITNESS: There are some things that I 22 consider torture. This I consider inhumane, lack of 23 human decency. 24 (By Mr. Smolen) Do you know how many people 25 came into Contact with Mr. Williams while he was at Spalding Reporting Service, Inc. Case Document 263-1 Filed in USDC on 03/27/14 Page 7 0f 10 Page 199 A Every employee in the jail. 2 Okay. Was it a group meeting? 3 A Squad meeting. 4 Okay. And that would have included every 5 employee in the jail? 6 A If they showed up, yes, sir. 7 Okay. Would there minutes kept would there 8 have been minutes kept from that? 9 A No, sir. 10 Okay. Do you recall making a statement during 11 that squad meeting as it pertained to Elliott Williams 12 that we screwed up? 13 A I don't recall specific words that I used. 14 Or that we're going to pay for this one? 15 A I don't believe I would have said that. 16 Okay. Is it possible that you told TCSO staff 17 in the squad meeting that TCSO screwed up as it 18 pertained to Mr. Williams? 19 A I don't believe those were the words I would 20 have used, no. 21 What words do you recall using in that meeting? 22 A Specifically, I couldn't tell you which ones I 23 used. 24 Give me the general tone of the con of the 25 meeting. Spalding Reporting Service, Inc. Case Document 263-1 Filed in USDC on 03/27/14 Page 8 of 10 Page 200 1 A The disappointment, the lack of human decency, 2 the lack of following procedures, the lack of following 3 of the training they knew they had that they had gotten. 4 How long did that meeting take place? 5 A I don't remember. 6 Were there any other higher ranking officers 7 present other than yourself? 8 A No, sir. 9 Would that meeting have included DO's, 10 sergeants, and corporals? 11 A There were four different meetings and they 12 included everybody that was on shift. 13 Including CHC or CHM employees or just 14 A Just 15 MR. VOSLER: Object to form. 16 THE WITNESS: Sorry, just TCSO. 17 (By Mr. Smolen) And did you reiterate that at 18 all four meetings? 19 A The same message I tried to, yes, sir. 20 Did you have notes that you maintained for 21 those meetings that you went by or was it just 22 A No, sir. 23 Did you ask questions of the TCSO staff at 24 those meetings? 25 A Yes, I did. Spalding Reporting Service, Inc. Case Document 263-1 Filed in USDC on 03/27/14 Page 9 of 10 Page 247 1 saw on the tape, whether it was torture or not 2 MR. SMOLEN: Objection to the form. 3 (By Mr. Fortney) and you disagreed as to 4 that was torture, correct? 5 MR. SMOLEN: Objection to the form. 6 THE WITNESS: Yes. 7 (By Mr. Fortney) Could you explain for us why 8 you didn't believe that it was torture? 9 MR. SMOLEN: Objection to the form. 10 THE WITNESS: Torture, in my opinion, is 11 intentional, and I do not believe that my staff 12 intentionally mistreated him. Violation of policy 13 absolutely. Violation of the training that we provided 14 with them, absolutely. But torture, I don't believe it 15 fits the definition. 16 (By Mr. Fortney) You described it as a lack of 17 compassion, human indifference. Why did you chose those 18 terms? 19 MR. SMOLEN: Objection to the form. 20 THE WITNESS: We're in the job of taking 21 care of peOple. And in the training they are given, you 22 try to instill in the officers what to do to make 23 make sure that the safety of the off of the inmates 24 and the officers are are taken seriously and taken 25 care of. And in this and this horrible in this Spalding Reporting Service, Inc. Case Document 263-1 Filed in USDC on 03/27/14 Page 10 of 10 Page 248 1 situation, they did not follow the training this was 2 given. They did not follow the procedures that were in 3 place. And in my opinion, they lacked human decency to 4 take care of another human being. 5 (By Mr. Fortney) And he also asked you about 6 whether or not CHC should be removed as the healthcare 7 provider of the jail, and I think your testimony was you 8 were not a proponent of changing changing healthcare 9 providers; do you recall that? 10 MR. SMOLEN: Objection to the form. 11 THE WITNESS: Yes. 12 (By Mr. Fortney) Could you explain to the 13 ladies and gentlemen of the jury why you were not a 14 proponent of that at the time? 15 MR. SMOLEN: Objection to form. 16 THE WITNESS: When we would have 17 discussions and we we communicated frequently 18 someone from CHC and I did they were very responsive 19 to issues that we raised. They were very responsive in 20 trying to improve upon what they had that might not be 21 exactly what we wanted. They continuously tried to 22 improve upon anything and everything that was mentioned 23 that might not be exactly right. And to this day, they 24 they still continue to improve upon or try to put 25 things in place to make it better for for the inmates Spalding Reporting Service, Inc.