Byers Anderson Court SeattlefTacoma. Washington IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING AMY SHOBLOM, individually, DIANA NEFF, individually, LOU CABALLERO, individually, Plaintiffs, No. 15-2?09687?7 SEA vs. KING COUNTY, a political subdivision of Washington State, Defendant. DEPOSITION OF MICHAEL J. MULLINAX October 13, 2016 Seattle, Washington Byers Anderson, Inc. Court One Union Square 2208 North 30th Street, Suite 202 600 University St. Tacoma, WA 98403 Suite 2300 (253) 627?6401 Seattle, WA 98101 (253) 383?4884 Fax (206) 340?1316 scheduling@byersanderson.Com (800) 649?2034 Serving Washington's Legal Community Since 1980 Michael J. Mullinax October 13, 2016 Byers Anderson Court Seattlefl'acoma. Washington .5 use APPEARANCES For the Plaintiffs: Julie A. Keys Connelly Law Of?ces 2301 North 30th Street Tacoma. Washington 98403-3322 253.593.5100 253.593.0380 Fax For the Defendant and the Witness: Ami M. De Celle Winterbauer Diamond 1200 Fifth Avenue Suite 1700 Seattle. Washington 98101-3147 206.676.6440 206.676.6441 Fax ami@winterbauerdiamond.corn Also present: Diana Neff BE IT REMEMBERED that on Thursday. October 13. 2016. at 506 Second Avenue. Suite 3300. Seattle. Washington. at 9:31 am. before JOHN MS. BOTELHO. Certi?ed Court Reporter. appeared MICHAEL J. MULLINAX. the witness herein; the following proceedings were had. to wit; MICHAEL J. MULLINAX. having been ?rst duly sworn by the Certi?ed Court Reporter. deposed and testi?ed as follows: EXAMINATION BY MS. KAYS: 0 Good morning. A Good morning. 0 Mr. Mullinax. please state your ?rst and last name for the record and spell both for the record. A it's Michael Mullinax. M-i-c-h-a-e-l M-u-l-I-i-n-a-x. And how would you like me to address you today? "Mr. Mullinax"? "Sergeant Mullinax"? A Retired. You can call me Mike. Page 2 Page 4 1 EXAMINATION INDEX 1 0 Okay. l'll cat! you Mike then. 2 EXAMINATION BY: PAGE NO. 2 A All right. 3 045- KEYS 4 3 0 Mike. have you been deposed before? 4 4 A No. 2 EXHIBIT PAGE NO 5 So it's kind of like the interviews you're used to 7 Exhibit No 1 2 pages of typewritten notes 56 5 conducting when you were with the sheriffs Labeled KC AS134335 and 7 department. Just make sure t'm done with my question 3 KC 1081021238. 3 before you start answering. and make sure you say 9 Exhibit No. 2 _4-page timetine, 73 9 "yes? or ?no" as opposed to the huh?uhs or uh-huhs. 10 Exhibit No. 3 2-page King County Sheriff 76 1" Okay? Internal InvestigatiOns ?1 A Very 900d- Follow-Up Report. 12 0 Tell us. when did you retire? *2 13 A I retired August 31st of this year. 13 14 How many years of service did you have with the 1? 15 sheriffs department up until that point? i: 16 A A little over 35 years. 17 17 When did you start with the sheriff's department? 13 13 A April 1601,1980. 19 19 I understand that you were I'm assuming you're 20 20 retired from the service now? 21 21 A Yes. 22 22 Military service. And what was your military 23 23 experience? 24 24 A Okay. You jumped over to military. I guess I 25 25 0 Yeah. Page 3 Page 5 2 (Pages 2 to 5) Michael J. Mullinax October 13. 2016 Byers Anderson Court Seattlel'l'acoma. Washington 1 what had happened was. when he took over 2 Mr. Special Agent Ryan? 3 A Ryan. 4 Just call him "Ryan." 5 A And his supervisor. We invited them to the sheriff?s 6 of?ce. and we had a face-to-face meet to introduce 7 ourselves. 8 0 Who's the "we" in that conversation? 9 A So it was Agent Ryan. i believe there was another 10 special agent. And then the supervisor. [can't 11 remember his name either. And then the IIU people. ?2 All llU detective sergeants and command. the command? ?3 A The captain and I believe all the sergeants ?i 0 Okay. 15 A - were there. Unless, of course, they were tied up ?3 on something. i don?t know. 17 But anyway. we had this meeting. We got to '8 introduce ourselves. We talked about kind of how '9 it?s been working with Special Agent Cote and so 20 forth. 2? 80 Ryan had reached out to me once. maybe twice, 22 asking me questions about possible investigations or 23 something that they had been hearing. one of which I 24 thought was - I thought was Mitch Wright. And sol 25 would ?ll him in. I'd say, Hey. that happened years Page 58 And 1 was - I can't remember. I Want to say that was on one day. And then it was a different day. maybe the next day. I was driving my wife to the hospital and I get a call from Detectiva_ . And we talked over the phone for a few minutes. He kind of made a remark to me sarcastically about. Hey, thanks for like. Thanks for taking me back to a dark time of my life, you know. And I don't remember if we went into any specifics about it or anything. And I was driving down the freeway. and so the convers -- you know. I'm obviously it was. Hey, this is from the FBI. so you probably need to be make sure it's con?dential. you know. I get to the hospital. And before I go into the doctor's of?ce with my wife. 1 geta call from Ryan. 30 I step away. And Ryan commences to saying that he did reach out, I think. to Detective- Somewhere in here. i don't think it was the ?rst day. but it came clear to me on the second conversation that this was a rape allegation back in 2003. And he was doing some type ofe form or a write-up or something. 0 Ryan was? A Ryan was. in regards to what he had received from her. Again. her story wasn't just about this, but Page 60 ago. We investigated that. This was the outcome. So that was kind of our relationship. In regards to 0 Exhibit 1. the first two paragraphs? A Correct. 0 A I received a call from Special Agent Ryan it he was asking me knew this? ecausel guess there had been some information or she had 10 presented information that she use?tgbe a deputy. it I couldn't remember an It was. No, 12 that's not ringing any hell with me. And then i 13 went, Are you meaning A .6. 14 And so the conversation - from what I can 15 remember. the conversation was that she - yes. 15 And it had -- she had- had came either 17 came in or called - I don?t knowwhich -- but was 18 alleging some things about the sheriff and step had 19 talked about other things where the agent was 20 concerned about her possible mental state. 21 I told him. I thought. okay. if this mill 5 22 ~you might want to talk to Detective John 235:5 He was married to her. and maybe he could 24 shed some light into what you're looking into. 50 I 25 provided him the name and the number. tam-qo?mth-I Page 59 ?D??l?it?huh?w other things. And again. that's why it was. he had some concern about her mental state. But at some point he said he was going to complete his report and he was going to give it to his supervisor and he thought that that wouid be the end of it. At least that's what he was recommending. [believe we had a conversation about. Look. you've kind of put me in a spot here. work directly for the sheriff. You know, this unit does, that we're in. And you've told me some information that i feel obligated to go back and tell the sheriff and my captain. And i wouid do this with any other case or anyone else involving a deputy or an employee. He said he understood. but please don?t reach out at that point until we taik to his supervisor. 0 Please don't reach out to whom? A To the sheriff. 0 Okay. A said "okay." That's what I remember about that conversation. And then I got a call from the supervisor. And? A Again. I stepped out, went to a private place. And I had a discussion with the supervisor about it. And we re-tatked the same thing that Ryan basically had Page 61 16 (Pages 58 to 61) Michael J. Mullinax October 13. 2016 Byers Anderson Court Seattlel'l'acoma. Washington ID said. And I told him. I said, Look, again. you've put me in a spot. I feel obligated to teli my sheriff. Because he had asked me Who?s A The supervisor. He had asked me not to. And I said i don't feel comfortable with that. I understand, you know. he's the person. but it you're not going to do anything with this. you know. I feel like I need to to tell him and my captain. So we talked about that a little bit. And then finally Did he go ahead. A Sorry. I need to take this for a minuteBarnes had? A Yeah. But It had been brought up. So that's whatl mean by that. Okay. Okay. So you were - a supervisor was sharing with you that ii Sheriff Urquhart reaches out to A .3 . ?that will reopen -- A It might - or commence an investigation potentially? A It might open up a format investigation. Isaid "okay." Did you understand what he was communicating to you in that regard as to why it would? A I had my suspicions, yes. What was your suspicion as an investigator? Why ?5 That's fine. ?5 would that possibly open up an investigation? 16 Thank you. 15 A Well. she had gone to the FBI. She hadn't gene to 17 (Pause in proceedings from 1? him. And if he reaches out to her. what could ?3 11:27 am. to 11:29 15 happen? I mean. it could appear as ifhe's trying to 19 19 do something. 20 0 (By Ms. Keys) I think where we left off was 20 0 Or witness tampering. right? 21 A Yeah. 21 A Maybe. Maybe. 22 I was going to ask you this question. which is: 22 0 Witness intimidation? 1?3 Did the supervisor share with you why he didn't want 23 A Maybe. 24 you to tell the sheriff about it? 24 I mean, as an investigator. i mean. you were able to 25 A Yes. 25 understand where the supervisor was going and why - Page 62 Page 64 i And what was his rationale. or what did he tell you? 1 A Certainly. 2 A So the discussion was that. Look. we're not going to 2 Ct it was - okay. 3 do anything more with this under the circumstances 3 Okay. So you said eariy that earlier on in 4 and the way that Ryan had written it up. However. if 4 this explanation of the information you're teaming, 5 the sheriff reaches out to her and makes any comments 5 that you?re in a dif?cult spot. because if this - 5 to her. it couid prompt a formal investigation. ?5 even if it's the sheriff or if it's any deputy or 7 He goes, What do you I think he asked me. you 7 employee. as sergeant you?ve got to alert the powers 3 know. what I thought the sheriff would do. And I 8 that be your chain of eon-intendI if you will - that 9 said -- I said. I don't think he's going to do 9 there's a rape allegation. "3 anything. I think he?s going to just shrug it off. 10 Did I fairly summarize that? 13 think. Because there had been a rumor earlier about 11 A Yes. 12 this same person. 12 0 Okay. And, in particular. you have to alert the 13 So he said. Okay. Then you do what you need to 13 powers that be because a criminal ailegation can also 14 do. And i said ?okaypolicy violation. correctcouple follow-up questions before you 15 A Correct. 16 continue onCertainly. 17 A Correct. ?3 What's the rumor that you're referencing? "5 to investigate? ?9 A There had - there had been some information. and 19 A Yes. 30 believe it was from Deputy Brian Barnes. that there 20 And do you as an IIU investigator since 2005. do 21 could have e' [y been some type of a relationship 21 you believe that the rules that apply to everybody 22 between and Sheriff Urquhart at the 22 else should apply to the sheriff with respect to. if 23 time --I believe it would have been Sergeant 23 a rape allegation comes forward. should it be 24 Urquhart and he had brought that up. I can't 24 investigated? 25 remember how long ago. 25 A Yes. Page 63 Page 65 17 (Pages 62 to 65) Michael J. Mullinax October 1 3. 2016 Byers Anderson Court SeattleiTacoma. Washington 1 How do you wrap up the phone call with the 1 out to her. then that could prompt a formal 2 supervisor? 2 investigation. He said he understood it. Okay. Fine. 3 A By telling him that was going to notify the 3 0 There's a discussion marked down here in the second 4 sheriff, go to my captain first and then notify the 4 paragraph by Captain Anderson. where Captain Anderson 5 sheriff. 5 states. asked the sheriff if he would like this 6 And he gave you the admonishment that the sheriff 6 documented in BlueTeam and he said no." 7 can't reach out to -. right? 7 Do you recall that conversation? 8 A Yes. That's what he that?s what his concern was. 5 A ldon't recall that speci?cally coming up in there. 9 So what's the next step that you take? iknow you're 9 Is it possible that? 10 on a personal errand at this point or a personal 10 A But 11 matter. But what's the next thing that you do in time? 11 -- you weren't present for it? A $0 I had to take my wife to a different location. '2 A Could be. But it certainly was discussed later. So, 13 And at that different location, then i reached out 13 I 14 and I got ahold of Captain Anderson and i told him '4 Discussed later by whom? 15 everything that had happened. We agreed that we '5 A The captain and i. 16 would meet with the sheriff the following week. 13 0 Okay. ?7 What was your personal state of mind upon receiving ?7 A So I can't remember if I was there or if he just told 13 this information not only from Special Agent Ryan but '3 me after the fact. But - 19 also from his supervisor? ?9 0 Okay. 20 A My state of mind? 20 A -yes, the part about the BlueTeam, yeah. 21 0 Yeah. Did you have a - you know. were you 21 And BiueTeam is where - correct me ii For wrong. but 22 concerned? Were you not concerned? 22 if you have - if someone teiis you of a potential 23 A Again. this information had come up prior. And it 23 policy violation. Blue?i'eam is where the ?rst step in 24 wasn't it wasn't a criminal allegation of any 24 the ?u process is entered. right? The complaint is 25 sort. It was a possible relationship. 30 now. years 25 entered in BlueTeam? Page 66 Page 68 A .J- 1 later. ._or one to the FBI and i A BlueTeam is open to all ofthe supervisors on the 2 brings this up. Now it's a rape allegation, and 2 department. where they can go in and enter any type 3 there are other things that she's giving to them that 3 of a preliminary inquiry into a possibie violation. 4 they?re concerned with. 4 And is that then routed hack to IIU for review? 5 Other than i guess I wanted to make sure that 5 A Goes through their chain of command, eventually gets 6 i followed kind of my policies that I've always done: 5 to IIU. We. can go directly in there and make 7 Go to my captain. go to the chain of command. if it 7 It without going through any other chain of command. were any other deputy, that?s the same thing we woult So a detective sergeant can go directly into 9 have done. 9 BlueTeam, enter an alleged policy violation, and 10 0 Okay. After you have the conversation with Captain 10 start the process with some review of beginning the 11 Anderson. at least Captain Anderson's notes. Exhibit 11 investigation? 12 1. re?ect that the two of you go and have a meeting 12 A Which supervisor? ?3 with the sheriff at some point. correct? 13 YouCorrect. 14 A As an IIU sergeant, I can go directly into the 15 Does Captain Anderson's notes accurately re?ect the 15 pregram and create that. 16 conversation in the meeting that you recall? 15 Okay. 17? A Yes. Pretty much. I mean, I briefed him on what 17 A And then iwouid send it right to Captain Anderson. 18 happened. ?3 And then Captain Anderson would give you the green 19 0 Okay. *9 tight to investigate? 20 A Each step. 20 A Normally Captain Anderson would discuss that with, 21 Cl That we just talked about? 2' whether it be a major. a chief, you know. the CD. the 22 A That we talked about. And that was told by the 22 sheriff, whoever, depending on what it was. Depended 23 supervisor that this incident was going nowhere. 23 on what type of an allegation we're looking at. If 24 They were - they were writing it up. That was the 24 we're talking about a criminal allegation. we would 25 end of it. unless you reach out to her. lfyou reach 1?5 always notify the sheriff and let him know what was Page 67 Page 69 18 (Pages 66 to 69) Michael J. Mullinax October 13. 2016 Byers Anderson Court Seattiel'l'acoma. Washington 1 going on. 1 A Right. It 2 Is it your testimony that this matter should have 2 But. Mike, I ask this question respectfully. It's 3 been documented in BIueTeam? 3 not that you couldn't Investigate. It's that it's 4 A Yes. 4 not that you could not investigate the sheriff. it's 5 Ct Is it your testimony that this matter should have 5 that you were directed. at least when you hear of it 6 been investigated by 6 from Jesse Anderson. that you're not to investigate A IIU cannot investigate the sheriff. 7 this matter ?nd the rape allegation. Says who? a correct? - 9 A What are you going to do? Do an investigation and 9 A Well. the direction was, we weren't putting it into to send it to the sheriff to do a ?nding and 10 Blue'i'eam. Now. you?re right in the respect that that 11 recommendation on? You cansquashes an investigation too. 12 outside the agency. 12 0 Doesn?t it also. because this was a verbal report. 13 So 13 and but for Jesse Anderson?s notes. if itcriminal agency. They can investigate. Or 14 in BiueTeam. public disctosure - no one can do a 15 another departrnent. We do that. I've investigated 15 public disclosure for this. can they? 16 people on other departments because the department 16 A No. 17 didn't want to do it. 17 Let's turn to the 6:29 of '16 here. 13 llU-type investigations - 15 A Mm-hmm. 19 A Yes. 19 You reviewed this paragraph. correct? 20 - for another department? 20 A Yes. 21 A Yes. 21 And you conducted the internal investigation into 22 What agencies have you done that for? 22 Tiffany Atwood. correct? 23 A Pierce County. off the top of my head. 23 A Yes. 24 Okay. 24 And that investigation. was it completed prior to 25 A tknow there's others, 25 your retirement or were there still things left to be Page 70 Page 72 1 Has tiU. during the. what. 11 how many years were i done. to your knowledge? 2 you in 2 A lcompleted the investigation. It was stilt going 3 A Off and on. 3 through the process of ?ndinglrecommendation. 4 Off and on since 2005. has llU sent out matters for 4 Ci Okay. The second paragraph references a timetine or 5 IIU investigation to outside agencies if there's a 5 a memo created by Tiffany Atwood. correct? 6 con?ict? 5 A Yes. 7 A We're talking an internal investigation? Ican?t 7 l'm sorry. Isay the second. The 6129 of '16 entry. 5 remember any off the top of my head. 3 A Correct. 9 0 Okay. Now. when you were responding to my question 9 When was the first time that you saw that memorandum 10 about. and l'm like. "Says who?" that the sheriff 10 by Ms. Atwood? 11 can't be investigated. wasn?t the sheriff the subject it A During our investigationBrian Barnes investigation, the accused in a 12 0 During this recent investigation that you 13 Brian Barnes investigation. and that matter was 13 A Yeah. 14 investigated? 14 conducted into her? 15 A He ended up being interviewed. And again. while! 15 A Yes. 15 was in IIU. and because of my position in EIU, his ?5 0 Okay. 17 authority would transfer to me. Okay? So when I 17 A It was - there was a folder left on my desk. And I 18 would talk to deputies, sergeants, majors. captains. ?3 believe it had a sticky note on it from Captain 19 chiefs. I could order them to answer truthfully under 19 Anderson saying that these were, I believe. found in 20 penaity of, you know. discipline or whatever. 20 her desk. 50 I opened up the folder. I looked 21 We can't do that to the sheriff. He's the one 21 inside. And one of the things that was in there was 22 that has the actual authority. 50 when I would 22 a timeline. 23 interview a sheriff or the sheriff. I would make it 23 And I'll just mark this for the record. 24 as just ?l didn't use that introduction. 24 {Exhibit No. 2 marked for 25 The Garrity warnings? 25 identi?cation.) Page 71 Page 73 19 (Pages 70 to 73) Michael J. Mullinax October 13, 2016