Case RM Document 154-5 Filed 05/18/16 Page 1 of 137 PageID 4083 EXHIBIT Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 2 of 137 PageID 40841 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION 1 2 3 CASE NO.: 2:14-CV-270-JES-MRM 4 5 ALEKSANDAR STEPANOVICH, 6 MONIKA MOZOLICOVA, and 7 MILAN UZUNOVIC, Plaintiffs, 8 9 Vs. 10 CITY OF NAPLES, FLORIDA; OFFICER 11 KYLE BRADSHAW, OFFICER RYAN HARP, 12 MASTER OFFICER MICHAEL O'REILLY, 13 SERGEANT MICHAEL HERMAN, JOHN 14 BARKLEY, CHIEF TOM WESCHLER, 15 16 Defendants. __________________________________/ 17 18 VIDEO DEPOSITION OF 19 TOM WESCHLER 20 21 Taken on behalf of the Plaintiffs at 850 Park Shore 22 Drive, Naples, Florida, on October 30, 2015, beginning 23 at 10:05 a.m. before Charissa L. Dines, being a Registered 24 Professional Reporter and Notary Public, State of Florida 25 At Large. 26 Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 3 of 137 PageID 40852 A P P E A R A N C E S 1 2 STEPHEN P. NORMAN, ESQ. THE NORMAN LAW FIRM 30838 Vines Creek Road Dagsboro, Delaware 19939 Snorman@thenormanlawfirm.com 3 4 5 Appearing on behalf of Plaintiffs 6 JAMES D. FOX, ESQ. Roetzel and Andress 850 Park Shore Drive, Third Floor Naples, Florida 34103 Jfox@ralaw.com 7 8 9 Appearing on behalf of Defendants 10 11 JEFFREY W. HURCOMB, ESQ. 5237 Summerlin Commons Boulevard Suite 105 Fort Myers, Florida 33907 Jhurcomb@rrbpa.com 12 13 14 Appearing on behalf of Defendant Bradshaw 15 16 - - - 17 18 E X A M I N A T I O N 19 I N D E X 20 21 ATTORNEY 22 MR. NORMAN 23 24 25 PAGE 3 Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 4 of 137 PageID 40863 1 MR. NORMAN: We are on the record. The operator's 2 name and address, Stephen P. Norman, 30838 Vines Creek 3 Road, Dagsboro, Delaware 4 Norman Law Firm with the same address. 5 and place of today's deposition, October 30th, 6 approximately 10:05 a.m., Roetzel and Andress, 850 Park 7 Shore Drive, Third Floor, Naples, Florida. 8 the case is Aleksandar Stepanovich, et al, versus the 9 City of Naples, et al, 2:14-CV-270-JES-MRM. 19939. My employer is The The date, time Caption of The name of 10 today's deponent is the 30[b][6] deponent for the Naples 11 Police Department, and this is being taken on behalf of 12 the plaintiffs in this case, Aleksandar Stepanovich, 13 Monika Mozolicova and Ivana Kavaja. 14 15 Court reporter, can you please swear in the witness. 16 COURT REPORTER: Do you solemnly swear or affirm 17 that the testimony you're about to give will be the 18 truth, the whole truth, and nothing but the truth? 19 THE WITNESS: 20 21 I do. DIRECT EXAMINATION BY MR. NORMAN: 22 Q Good morning, Chief. 23 A Good morning. 24 Q Would you please state your name and work address 25 for the record. How are you this morning? Fine. Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 5 of 137 PageID 40874 1 A My name -- full name is Thomas Miller Weschler. 2 go by Tom Weschler, W-e-s-c-h-l-e-r. 3 Riverside Circle is the police station. 4 5 Q And it's -- 355 And, Chief, have you ever had your deposition taken before? 6 A Yes. 7 Q About approximately how many times? 8 A Gosh. 9 Q So -- 10 A I'm under oath. 11 Q Is it fair to say -- is it fair to say you 12 I A hundred. understand that you're under oath -- 13 A Yes. 14 Q -- and you have an obligation to tell the truth? 15 A Yes. 16 Q And to provide as accurate information in response 17 to my questions as you're able to do? 18 A Yes. 19 Q Is there any reason why you can't testify honestly 20 and accurately today? 21 A No. 22 Q No medication or no -- no issues? 23 A No, no. 24 Q All right. 25 deposition? What did you do to prepare for today's And I don't want to know -- if you talked to Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 6 of 137 PageID 40885 1 your attorney, I don't want to know what you said -- 2 A Right. 3 Q -- but I want to know how long you prepared, what 4 5 documents you looked at. A Well, I have in front of me, I reviewed the offense 6 incident report and all the different police department 7 reports related to this case. 8 depositions. 9 and that's basically it. 10 I reviewed a few of the I did speak and spend some time with Mr. Fox, Just going through our documents and reviewing some of the depositions. 11 Q Did you -- whose deposition did you review? 12 A Mike Herman's, Captain Barkley's, and -- I think 13 14 15 16 those are the only two I looked at. Q Okay. So you looked at the depositions from the civil case or the depositions from the criminal case? A I don't know. They were the depositions with you, 17 so I don't know if you did two different depositions. 18 the civil. 19 Q The civil. 20 A Yes. 21 Q Did you review any of the documents, like the press 22 It's They were the recent depositions? release? 23 A No, I did not. 24 Q Did you review the underlying orders, Notice to 25 Appear for the noise violation? Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 7 of 137 PageID 40896 1 A Yes. 2 Q Did you review the -- any of the officers' 3 personnel files? 4 A I had them give me -- look at some of their 5 training records and their -- we call it IA Pro, it's the 6 internal affairs for the last three years just to see if 7 there was anything in there, but I didn't look at their 8 actual personnel file. 9 10 Q Did you look at the Medal of Commendation that Officer Bradshaw was awarded? 11 A Yes, I did. 12 Q Did you look at any of the documents from the 13 criminal case involving Aleksandar Stepanovich? 14 A I looked at, like I say, the offense incident 15 report and supplements that were provided, the Notice to 16 Appear. 17 18 Q That's the only ones I can think of. You didn't look at any of the documents that the state's attorney -- 19 A From the state attorney's office? No. It was 20 never presented to me and I never looked at it, never seen 21 it. 22 Q Did you ever -- did the chief of police ever meet 23 with the state's attorney involving the case against 24 Aleksandar Stepanovich? 25 A No. Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 8 of 137 PageID 40907 1 Q 2 of Naples? 3 A October 1st, 2008, I became police chief. 4 Q And what did you do before becoming the police 5 6 How long have you been a police chief for the City chief for Naples? A I was with Miami Beach Police Department for 30 7 years, retired from there as a major. From there I went to 8 work for the Miami-Dade Inspector General's Office, where 9 they investigate misappropriation of funds by employees, 10 vendors or politicians. From there I was hired here with the 11 City of Naples to be their internal affairs investigator in 12 September 2007, and I became the police chief October 1st, 13 interim chief, August of 2008. 14 Q Who -- who hired you to become police chief? 15 A At the time it was Chief Victor Morales. 16 I'm sorry; for police chief, Bill Moss, the city manager. 17 Q 18 to hire -- 19 A Okay. He -- so the city manager has the authority They did a national search. And they had a 20 committee of civilians and other directors from the city and 21 they made the recommendations, but it's ultimately his 22 decision. 23 24 25 Q Bill Moss. So does the city council need to approve that? A No. He makes the decision. He presents it to them Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 9 of 137 PageID 40918 1 2 but it's ultimately his call. Q All right. So the city manager is like -- it's 3 like a city executive; he's the executive position for the 4 City of Naples? 5 A Pretty much, yes. 6 Q And as the police chief do you report to Bill Moss 7 currently? 8 A Yes. 9 Q Are you an autonomous entity? Are you an 10 autonomous -- is the police chief position the head position 11 for the Naples Police Department? 12 A Yes. 13 Q And able to create policy? 14 A Yes. 15 Q I'm not sure if you said this or not, but did you 16 -- did you talk to the officers that had their depositions 17 taken in preparation for this? 18 mean, did you talk to Officer Herman? When I say the officers, I 19 A I -- I have spoke to both of them, yes. 20 Q About how long did you talk to Herman for? 21 A Fifteen, twenty minutes. He works in my -- we have 22 a lot of interaction, but just about this, maybe fifteen, 23 twenty minutes. 24 Q How about Captain Barkley? 25 A Captain Barkley, five minutes. Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 10 of 137 PageID 40929 1 Q Did you talk to, I believe it's -- is it Sergeant 2 O'Reilly or Lieutenant O'Reilly? 3 A Lieutenant O'Reilly. No. I had spoken to him a 4 long time ago after he suffered his injury, but not about 5 this -- this civil case, no. 6 Q And did you talk to Officer Harp at all -- 7 A No. 8 Q -- about his deposition? 9 A No. 10 Q How about Officer Davis, did you have a chance to 11 talk to him about his deposition? 12 A No. 13 Q Regarding this incident, what was the role of the 14 15 16 17 police chief for handling this incident? A I'm not sure what you mean, what was my role in handling. Q Well, I'll break it down. In term of the actual 18 noise violation, did the chief of police have any 19 involvement? 20 A 21 22 23 No. In the actual responding to the scene in the criminal -- criminal matter? Q Yeah. No. Just any -- any involvement in terms of the officers going and issuing the noise violation. 24 A No. 25 Q How about the initial arrest? Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 11 of 137 PageID 4093 10 1 A No. 2 Q Was the chief of police aware of the initial 3 arrest? 4 A 5 No. MR. FOX: If you'll let him finish his question, it 6 will really help her. 7 A All right. 8 Q When was the first time that the chief of police 9 10 became aware that there was an incident at Bayfront, I believe May 17, 2012? 11 A I received just we have like a daily log, 24-hour 12 log of different cases, and I was made aware of it at that 13 time. 14 the face, and when there's an injury to an officer I was made 15 aware of it. 16 exactly the time of the day, if they called me at home, I 17 don't believe they did, but it was right after the incident 18 that I became aware that he had suffered an injury. 19 20 And also because Officer O'Reilly had been kicked in Q I was thinking about it; I don't know when Okay. So you're not sure if somebody called you and told you specifically -- 21 A I don't recall. 22 Q So the first time you learned of this incident 23 could have been the daily log that is circulated? 24 A Yes. 25 Q Who circulated that log, the daily log at that Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 12 of 137 PageID 4094 11 1 2 time, back in 2012; who was responsible for it? A By name I couldn't tell you, but it would have been 3 the -- the shift sergeant or lieutenant, if there was a 4 lieutenant on duty, would complete that for their shift. 5 Q Okay. And I'm kind of moving forward, but there 6 was an e-mail that, I believe, at some point you forwarded to 7 Bill Moss from Sergeant Herman. 8 talking about? 9 A Are you aware of what I'm I have not read that e-mail, but I've heard that I 10 wrote an e-mail and that would not be uncommon. 11 there was an incident like this where an officer was injured, 12 or pretty substantial charges, it's something that I would do 13 to keep him informed. 14 Q Okay. If, again, And really, the question I'm asking right 15 now is, whether the narrative from Sergeant Herman was the 16 daily log that you're talking about. 17 find it. 18 Exhibit 11. 19 right now, but... 20 21 22 23 24 25 And let me see if I can We may come back to that after a break. This is We're not going to get into this extensively MR. NORMAN: I'll just let you see it. It's our exhibit from the other day. MR. FOX: There's some attachments here. Which is the one we're talking about regarding Herman? MR. NORMAN: It's going to be in there multiple times because it was forwarded multiple times. Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 13 of 137 PageID 4095 12 1 MR. FOX: 2 MR. NORMAN: 3 I just don't see anything from Herman. Herman. 4 MR. FOX: 5 MR. NORMAN: 6 9 10 11 Oh. It's a narrative from Herman that the chief sent to Bill Moss. 7 8 It's not -- it's not an e-mail from MR. FOX: A I see. Okay. That would have been from the daily log. I do that pretty often where I'll just cut and paste part of the daily log and send that to Mr. Moss. Q Okay. So that's a daily -- you're certain that 12 that's a daily log from the day after this incident where 13 Sergeant Herman is providing a, I guess, an update of what 14 occurred? 15 A I don't know. Well, it says here, Sergeant 16 Herman's briefing, yes, so that would have been him that 17 wrote this and it would have been from the daily log, yes. 18 19 20 Q So every single day there's an e-mail, kind of says this is what happened the day before? A Every day there's a 24-hour log and the daily 21 briefing. It's not an e-mail, but -- well, I guess it is. 22 It's sent out just within house to me and to council members 23 and to Mr. Moss. 24 this, I'm not sure that he has time to review it in great 25 detail so I bring these specific types of things to his But I just -- when there's something like Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 14 of 137 PageID 4096 13 1 attention. 2 Q 3 You're not sure -- when you say "he," Bill Moss is who you're talking about? 4 A Yes. 5 Q All right. 6 go to typically? 7 A So the daily log itself, who does that And I'm talking back at that time, 2012. The distribution would be throughout the chain of 8 command in the police department, and the council members 9 receive it, because I know there's been some times when they 10 haven't received it and they said, Why aren't we receiving 11 it, so they receive it as well; my boss, Mr. Moss; and the 12 assistant city manager, Roger Rhenke, would receive it as 13 well. 14 Q Okay. So it's -- it's by policy disclosed not only 15 to the police and Bill Moss but also to the county -- I mean, 16 to the city council? 17 18 A Not by policy, but it's -- it's just something that's done every day. 19 Q Okay. So it's something -- it's a practice? 20 A Yes. 21 Q It's done every single day? 22 A Yes. 23 Q Okay. And is it meant to remain within the 24 confines of those individuals or is it something that is a 25 public document once it's disbursed? Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 15 of 137 PageID 4097 14 1 A It would be a public document. And when they write 2 this, we -- we kind of write it with that in mind. 3 there was a sexual battery victim's name or something, not to 4 include those types of things into this because it is getting 5 distributed. 6 Q Okay. So there's -- there's an intent in the 7 practice to, is it fair to say, withhold personal 8 information? 9 A 10 11 12 13 Like, if I'm not sure what you mean by "withhold personal information." Q I guess it would be, like, a victim's name, someone's birthday. A If it's sensitive information that could -- that's 14 withheld, like, with public records law, we would not include 15 it in there. 16 Q 17 18 What is the practice in terms of what you can put in the briefing? A Basically the facts of what might have taken place 19 on that day, what actually transpired; the different criminal 20 reports and the arrests. 21 briefing of what took place from the previous 24 hours. 22 23 24 25 Q Just basically repeating what -- a And when you say a briefing, you mean what was contained in the incident report? A Yes, or if it was an accident, a DUI arrest, any type of arrest, that's also included in there as well. Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 16 of 137 PageID 4098 15 1 Q All right. I want to focus on the incident report. 2 So is it fair to say that anything that's contained within 3 the incident report is fair game for passing on in this daily 4 report? 5 6 7 8 A We would not include Social Security numbers, things like that. Q Okay. But everything else would be fair game that was included in the police report? 9 A I'm not sure what you mean by fair -- fair game. 10 Q Well, everything else other than the confidential 11 private information you're talking about, that the officer 12 wrote in his incident report, could be transferred over in 13 that daily report? 14 A If it's not sensitive information, or something 15 that was, like, one of the exceptions with public records. 16 It's just a briefing. 17 transpired within the 24 hours. 18 Q Okay. It's a very quick synopsis of what And is there -- is there any vetting of the 19 information in terms of what content goes into that report to 20 make sure that it's accurate and truthful? 21 about policy. 22 A And I'm talking Well, I can't make that assumption on the part of 23 the other supervisors, but basically what they're doing is 24 looking at the other reports, just like, say taking a small 25 snippet of what took place to make everybody aware. It's Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 17 of 137 PageID 4099 16 1 kind of taking the same information of what took place, like 2 I say, of arrests or incidents and just making a brief 3 synopsis of that and giving it out. 4 Q Okay. And I guess the question that I have is -- 5 well, who -- who actually -- you said it's the -- who reviews 6 the incident report to decide what goes into the daily 7 report? 8 that and then they put it in the daily report? 9 10 A The incident report, and then they take a piece of Usually it's the sergeant that -- that would -- from that shift that would do it and write it up. 11 Q Okay. So the sergeant -- 12 A The patrol. 13 Q -- who was the supervisor of the officer that wrote 14 the report? 15 A Not necessarily. If you have two sergeants on, one 16 might be, I'll take care of it tonight. 17 there's one sergeant working, he would do it. 18 sergeants, it would just be one of them for the shift that 19 would do it, not specifically each sergeant for each officer. 20 It's one sergeant for the shift would write it for the whole 21 shift. 22 Q Okay. They kind of -- if If there's two And in terms of ensuring that the report is 23 accurate and truthful, how is that done by the police 24 department? 25 MR. FOX: I'm going to object to the form. Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 18 of 137 PageID 4100 17 1 2 3 4 A The sergeants make that determination; we give them the responsibility of writing the synopsis. Q Well, I'm not talking about writing it; I'm talking about the report itself. 5 A Oh. 6 Q The report itself. 7 A You're talking about the offense incident report? 8 Q Yeah. 9 It's called different things, but I guess the incident report. 10 A Yes. 11 Q So my understanding is the arresting officer 12 creates a report of what happened, you know, during -- how 13 people were arrested, crimes that were committed. 14 required -- what is the policy for what is required to be in 15 that report? 16 A What is required for what's to be in the report? 17 Q Probably not asked the best but, you know, what are 18 19 What is they supposed to put in the report? A The facts of the case. And I mean, it gives them a 20 lot of different boxes to fill in of what information about 21 the victims, the subjects, the specifics of the case, the 22 time of day, and just the elements of whatever took place for 23 the specific incident. 24 25 Q Okay. So they're required to have the elements of the crime written into the police report; is that -- Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 19 of 137 PageID 4101 18 1 A If it's -- if it's that type of a report, yes. 2 Q And how -- the report must be approved by somebody, 3 correct? 4 A The supervisors are to review the reports. 5 Q Okay. 6 And we've been through this a few times, but there's no signature place on these reports for a supervisor? 7 A Right. 8 Q There is a place for a notary, but there's no place 9 for a supervisor to sign off on these reports. How do we 10 know that someone has actually reviewed and approved the 11 report? 12 A I suffered with this in 2012. One of my issues 13 with this was with our technology at the time was exactly 14 that, I brought it up, is trying to get my officers to make 15 sure that these reports are reviewed by a supervisor with our 16 computer system at the time -- it's gotten much better since 17 then -- but just trying to come up with a better process for 18 them to review it. 19 there is. 20 reviewing, it does say, like, on this, Herman did review the 21 offense incident report. 22 typed in on the offense incident report. 23 Q 24 the -- 25 A You're right, there's -- well, actually There's a place where on there, like officer It's not a signature, but it's just Is that for the Notice to Appear or was that for You were talking about the incident report. It Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 20 of 137 PageID 4102 19 1 says officer reviewing if applicable. 2 Number 28. 3 Q 4 Okay. It says Herman ID Now, are we talking about the Notice to Appear or are we talking about the actual incident report? 5 A You asked me about the incident report. 6 Q Okay. All right. But how would somebody know that 7 Officer Herman, or anybody else, had actually reviewed that 8 police report back in 2012? 9 A Well, like I say, it's not a signature because it's 10 a digital report, but it has his name on there. 11 just be -- it's like I say, it's not a signature, it'd just 12 be that assumption that since his name is in there that he 13 was the reviewing sergeant. 14 15 16 Q Okay. That would So I believe -- what were the problems that you identified back in 2012, specifically? A My issues were with the booking sheets. The Naples 17 jail, which is run by the Collier County Sheriff's Office, 18 they had their own system at the time and we had to use their 19 system to complete the booking sheets for the officers. 20 I've never done it, because I didn't come up through the 21 ranks here, but the officers would have to go to the jail and 22 fill it out or they would use their narrative from the 23 offense incident report -- it's just very cumbersome with how 24 they could do it -- and then have their sergeants review it. 25 I saw it as a problem because I didn't want individuals being Now, Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 21 of 137 PageID 4103 20 1 arrested and taken to jail, have their rights taken away, go 2 to jail without proper review. 3 and alleviate that is have the officers either contact their 4 sergeant by phone, sometimes they would cut and paste their 5 narrative from the arrest booking sheet and send it to the 6 sergeant; hey, Sarge, can you review this and make a 7 determination. 8 9 So what we would do to try But again, like you're saying, there's not like a sign -- there wasn't a sign off for them to actually do that. 10 We were able to -- like I say, we were at the mercy of the 11 technology at the time. 12 changed as the technology changed and we have a much better 13 policy in place for that now. That's changed, our policies have 14 Q What's the new policy that you have in place? 15 A The new technology is such that the sergeants can 16 actually see -- see the report; get a copy of the report; 17 digitally review it; again sign off on it digitally; and it's 18 a requirement with the policy now that sergeants review the 19 arrest reports, the booking sheets as they say here. 20 Q Okay. So before it wasn't a required -- the policy 21 was that it was not a requirement for the sergeants to 22 actually sign off on these reports? 23 A The practice was -- that I implemented is for them, 24 for the officers, to notify their sergeants and go through 25 with them, Here's what I'm doing. Like I say, e-mail them Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 22 of 137 PageID 4104 21 1 the narrative of what they're working on so that they could 2 get the approval from the sergeant. 3 the cumbersome system to where they couldn't transmit it to 4 them; a lot of times they'd be -- they'd have to do it at the 5 jail, so it wasn't feasible for the sergeant for every arrest 6 to drive over to the jail to -- to review what was going on. 7 8 9 10 11 Q Again, it was because of So there would be an e-mail back and forth showing that it was approved? A An e-mail, if possible; sometimes cell phone, but some type of correspondence is what I asked them to do. Q How would you maintain a paper trail of whether or 12 not there was correspondence between the officer and their 13 supervisor for the approval of the -- 14 A That -- that was my problem. That was what we 15 couldn't do because of the current system with the jail and 16 using Collier County's software at the time. 17 Q So if I was to ask regarding something that 18 happened back in 2002 [sic], say, are you certain that 19 Officer Herman approved this -- are you certain that any 20 supervisor approved Officer Bradshaw's report, back in 2012, 21 regarding this incident, can you tell me that was done with 22 certainty? 23 A No. 24 Q Okay. 25 If you can go to the actual narrative, the last page of the narrative section of the incident report, Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 23 of 137 PageID 4105 22 1 2 3 4 5 6 7 8 9 please. A Let me know when I get there. This is the supplemental report. Q I think you may have passed it. Right. Okay. Where did you get this report from? A Our records section; I asked them to make me a copy of the report. Q So these are the records that are maintained by the police department regarding this incident? 10 A Yes. 11 Q Are you aware that there's actually a version of 12 that report that has a cross-out of the section in the report 13 and information written over it? 14 A In the offense incident report? 15 Q You're not aware that there actually is a section 16 No. of the report crossed out and handwritten? 17 A No. 18 Q I'm going to show you that, if I can find it, and 19 this was provided, I believe, by your office. 20 look at the last page. 21 that's an authentic copy of the police documents. 22 A If you can Look at it just to make sure that They're two separate. This is the offense incident 23 report, if I can get my mouth to work right, and this would 24 be the booking sheet. 25 reports. So there's two separate types of Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 24 of 137 PageID 4106 23 1 Q 2 typically? 3 A Okay. But do they contain the same narrative, It looks like this is what I was talking about 4 where they do the cut and paste, do the offense incident 5 report and take that information and put it in there. 6 Without reviewing the whole thing I can't tell if there's 7 additional parts, but it looks like what's in the offense 8 incident report narrative is used also in the booking sheet. 9 10 11 Q Okay. And for my ignorance, can you explain the purpose of each one of these documents? A This is for documentation for the police 12 department; we do it for a majority of the incidents that 13 take place and it would just be a supplement to this. 14 goes -- this is something that's a document of the Naples 15 jail for the Collier County Sheriff's Office that they would 16 use over at the jail. 17 MR. FOX: 18 "this" is. 19 A This This is our personal document. Chief, if you could just clarify what the Oh, I'm sorry. The offense incident report is an 20 internal City of Naples report. 21 sheriff's -- Collier County Sheriff's emblem on there, that's 22 the document that is the booking sheet. 23 booking sheet is their document that they use at the jail. 24 25 Q Okay. The document that has the That is -- the Who completes the narrative section, you may have said this already, of, you said. The booking sheet? Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 25 of 137 PageID 4107 24 1 2 3 4 5 A The booking sheet narrative would be done by the arresting officer. Q And the incident report would also be done by the arresting officer, correct? A The majority of times, yes. If there's a couple 6 officers they might say, hey, why are you doing that, I'll do 7 this for you, but for the majority of the incidences, yes, 8 the same officer would do both. 9 Q Does the Naples Police Department also keep a copy 10 of this, maintain a copy of this in their file so that. 11 know, you can compare the consistency between the two 12 documents? 13 A I'm not sure. I'm not sure. You I know when I asked 14 for a copy of the report from records, this is what they -- 15 what they gave me, but I asked for the offense incident 16 report; I didn't ask for the booking sheet. 17 18 Q Okay. Now, if you can look at the last page of that narrative section and tell me what that is, if you know. 19 A Is this what you're referring to? 20 Q Where it's crossed out. 21 A Yes. 22 Q And handwritten. 23 A Yes. 24 Q Do you know what that is? 25 A It's the booking sheet and it -- it's a notation Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 26 of 137 PageID 4108 25 1 that's -- put on there, it looks like with the signature SF 2 at the end. 3 Q Do you know who SF is? 4 A I can only assume that it would be -- at the time 5 6 it would have been Sergeant Seth Finman. Q Okay. What's the purpose of -- is it a policy of 7 the Naples Police Department that officers are allowed to 8 just hand-write on a report like this without making 9 corresponding charges in the system, notations in the system? 10 A Well, I couldn't speculate on what he was -- what 11 his purpose of doing that was, really. 12 don't have a policy for that, no. 13 14 Q Okay. It's not policy. So is it -- is it acceptable to hand write on a report like -- like it's done on that report? 15 A 16 the truth. 17 Q I'm not sure what his intention was, to tell you But how is that documented and maintained in the 18 records of the police department to know that an official 19 document has been changed? 20 A Like I said earlier, I'm not sure that we do keep 21 this document in -- in our records section. 22 don't know the answer to that. 23 24 25 We Q Okay. I really -- I But if you look at the information that he wrote in there, that's very important information, isn't it? MR. FOX: Object to the form. Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 27 of 137 PageID 4109 26 1 A Could you repeat your question? 2 Q What I'm saying is, the information that is 3 handwritten materially changes the report concerning the NCIS 4 [sic] Interpol warning. 5 A It -- we -- we did not arrest the individual for 6 that information. 7 that took place in the City of Naples, that's warrant 8 information that we would document, but it's not like -- 9 that's not the sole reason that we're -- I mean, it's just 10 something that we realized after the arrest that would have 11 been added as the information that there was this potential 12 Interpol information that was out there. 13 14 15 Q I mean, we have the elements for the crime Why would that even be in the police report then, either report, if it wasn't part of why he was arrested? A It's additional information that was made that 16 there was a potential, like it says here, the Interpol, 17 saying that originally they were going to extradite the 18 subject. 19 have if they have somebody in custody, when the time comes to 20 make a determination of what they're going to do with that 21 subject. 22 Q 23 right? 24 A 25 I mean, it's important information for the jail to But it has nothing to do with why he was arrested, We did not have that information at the time of the initial arrest. I mean, it's something that would have been Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 28 of 137 PageID 4110 27 1 made known to us after the dust settles and you start to run 2 each subject and find out if they have an existing warrant or 3 whatever. 4 Q Okay. But the information that's handwritten 5 actually says, no, he's not being extradited, you got to -- 6 what does it say? 7 for the record. It says -- if you could read that out loud 8 A Which part? The handwritten part? 9 Q If you could read the handwritten part. 10 A If I can read. It looks like it says hit 11 confirmation documents do not authorize subject's arrest in 12 the US, SF, with a little arrow, until the warrant is 13 confirmed, may take up to 10 days. 14 15 Q Okay. And that warrant was never confirmed. Or it was confirmed that it had actually been dismissed, right? 16 A I don't -- I don't know. 17 Q You don't remember. But even though it was 18 handwritten and changed in that document by SF, whoever he 19 is, it wasn't changed in the actual incident report, right? 20 A Correct. 21 Q So the incident -- incident report to this day 22 still says that, you know, there was a hit and going through 23 the steps to extradite Mr. Stepanovich, right? 24 25 A that. Let me just verify and go to the final page of Actually -- correct. Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 29 of 137 PageID 4111 28 1 Q Never -- never changed in your system? 2 A Correct. 3 Q Is there any policy or practice that was in place 4 5 back then to ensure consistency between these two documents? A 6 No. MR. NORMAN: And I would like to put a request on 7 the record, I probably already asked, but if there was 8 an e-mail between Officer Bradshaw and his supervisor, 9 as the chief discussed, I would like to request that 10 document. 11 Q So is it fair to say, Chief, that you're not sure 12 whether any supervisor actually went through and vetted, you 13 know, looked for the truthfulness and accurateness of the 14 facts contained in the incident report? 15 MR. FOX: Object to the form. 16 Q Regarding this incident. 17 A Officer Herman's digital name is on the incident 18 19 report. Q Okay. But I believe, and if I'm wrong, tell me, 20 but I believe Officer Herman testified that he didn't -- he 21 did not approve the incident report. 22 A Okay. 23 Q Okay. 24 25 That's my recollection. He approved the -- I'm not going to testify. So if he testified that he didn't approve it, I Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 30 of 137 PageID 4112 29 1 mean, do you have any information that anybody looked at this 2 thing to make sure it was accurate and vetted? 3 A No. The only thing I have is the -- I had -- I 4 don't know if it was on this, but there was the S -- the SF, 5 which had been included on the page of every narrative 6 section of the booking sheet, which as stated earlier, we're 7 assuming is Sergeant Seth Finman. 8 Q But you're not sure, you just have initials? 9 A Well -- 10 Q Right? 11 A Yes. I mean, it's a very, very good assumption 12 that that -- I don't know of anybody else in the police 13 department, and he was -- or was a sergeant at the time in 14 the patrol division, so... 15 Q But there's no documentation in the incident report 16 that Seth Finman ever reviewed or approved the incident 17 report, right? 18 A His initials are on the booking sheets. 19 Q Okay. But on the incident report there's no 20 indication that Seth Finman ever reviewed or approved the 21 incident report? 22 A Correct. 23 Q So if you were looking at the incident report, 24 25 you'd say Herman approved it? I mean, I'm not talking that report. But if you Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 31 of 137 PageID 4113 30 1 look at this report, you'd go Herman -- if anybody approved 2 it, it was Herman. 3 MR. FOX: 4 A 5 Wait for a question. It's -- it's not -MR. FOX: Object to the form. 6 A It's not on the incident report. 7 Q And back in 2012, this was a problem. This lack of 8 a procedure for making sure reports were approved was an 9 issue, right? 10 A Our issue is not necessarily with the offense 11 incident reports but, like I say, with the booking sheets, 12 which is the document that would go over to Collier County 13 Sheriff's office. 14 15 Q Okay. So the police chief did not have a role in reviewing the charges for accuracy and truthfulness? 16 MR. FOX: Object to the form. 17 A In this case, no. 18 Q Okay. How about the use of force review to 19 determine whether it was appropriate, is that something that 20 the chief of police would have been involved in? 21 A It's -- the policy was, yes, that it would come up 22 through -- you have the chain of command, with the command 23 staff for the -- the officer involved would review the use of 24 force report and would come up for approval, yes. 25 Q Come up for approval, and who would be involved in Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 32 of 137 PageID 4114 31 1 2 that process besides the chief of police? A It would be the lieutenant and the captain for the 3 officer; normally the patrol division would review that. 4 They would do a cover memo -- cover memo and submit that with 5 their recommendations and send that up as well. 6 7 8 9 Q So -- so that would start with the initial officer that allegedly used the force? A The officer and his sergeant would put the use of force report together, then it gets sent up through the chain 10 of command. 11 our internal affairs or professional standards unit. 12 Q It's put into the IA Pro system and kept with How about in terms of -- are you aware there was a 13 press release regarding this incident, that was issued to the 14 press? 15 A Yes. 16 Q What is the role of the chief of police in terms of 17 approving or creating the content of that press release and 18 the actual dissemination to the -- to the public through the 19 press? 20 A I don't prepare it, but I approve some of them. 21 There are times when I -- I give the public information 22 officer, he can release them. 23 sensitive, if we have an internal affairs case or something 24 that -- that they would come to me. 25 it's, like I say, a shooting, a sexual battery, internal If it's something that's very They kind of know if Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 33 of 137 PageID 4115 32 1 affairs case, that type of thing, "Hey, Chief, what do you 2 think before I put this out? 3 sensitive type of case. Is this good?" if it's a 4 Q I'm sorry. 5 A There are times that they put out press releases, 6 7 Go ahead. standard press releases, without my approval. Q How about with regard to this case, did you have -- 8 did the chief have approval of the press release that went 9 out in this case? 10 11 12 13 And I'll let you take a look at it. It's Exhibit 1, Plaintiff's Exhibit 1. A It does not have my signature and I do not recall that this was reviewed by me prior to being put out. Q All right. So in terms of what is disseminated to 14 the public on a case like this, the -- what's the name of the 15 officer? 16 17 18 A It was Lieutenant, now Captain, John Barkley, who was my public information officer at the time. Q So the public information officer would be able to 19 create or determine the policy for what is contained in a 20 press release submitted to the press? 21 22 MR. FOX: A Object to the form. He doesn't create the policy. It's just -- like I 23 say, if he has the responsibility and I give him the 24 discretion of putting out the press releases, and coming to 25 me in the sensitive cases that, you know, as my lieutenant he Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 34 of 137 PageID 4116 33 1 has an understanding with me what -- what I would normally 2 like to see prior to approval, but this would just be the 3 standard putting out the facts of what took place. 4 5 Q 8 9 10 This wouldn't be considered a sensitive case? 6 7 So this isn't a sensitive case? A No, not to the type that would need my approval, Q Is there -- is there a written policy regarding the no. issuance of press releases or is it just a -- like a nonwritten de facto policy? 11 A We do have a policy. 12 Q There's a written policy regarding the issuance of 13 14 press releases? A I believe so. We have, like, when -- 2013, we 15 rewrote a bunch of policies, so I'm a bit sketchy, but we do 16 have a policy now. 17 sure what the policy was at that time. 18 Q I'd have to go back and check and make 19 Can you do that? MR. NORMAN: I'd like to put a request for that. 20 If there was a policy regarding issuance of press 21 releases at the time, I would like to get a copy of 22 that. 23 A Okay. 24 Q Thank you, Chief. 25 But I guess what you're saying, whether there's a policy or not, there was a practice of the Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 35 of 137 PageID 4117 34 1 public information officer being able to determine what was 2 included in these press releases without your approval? 3 A Yes. 4 Q I wanted to ask you about the Notice to Appear. 5 Have you reviewed that document, Chief? 6 you did. I believe you said 7 A Yes, I did. 8 Q Now, if you look at it, that would have been issued 9 before the incident report, right? 10 A Yes. 11 Q All right. And it was actually approved on there. 12 I believe there's actually -- there's actually an approval 13 spot on there, on the NTA, for a supervisor? 14 A Yes. 15 Q Unlike the incident reports. 16 A Was that a question? 17 Q Well, unlike -- no, it's not, actually. 18 Now, you can see, and let me -- sorry, I don't have 19 extra copies. 20 and you can read it to yourself, it begins with "Subsequent." 21 A Yes. 22 Q Okay. These are exhibits. If you read right here, Are officers allowed to actually change NTA 23 reports after they're approved, hand write on these reports 24 after they are approved? 25 A I don't know that he changed. There's just, like. Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 36 of 137 PageID 4118 35 1 a statement of cross-referencing to another -- another case 2 number. 3 Q Okay. But it had been approved by Herman. So a 4 Notice to Appear was issued to Mozolicova, right, and Herman 5 approved it? 6 A Yes. 7 Q Right. And then you have that whole incident up at 8 the apartment, people are arrested, and then Officer Bradshaw 9 changes and writes on that report. Is that acceptable? Is 10 that an acceptable policy for -- of Naples, that an officer 11 can go in and alter, materially alter, or write on a report 12 after it's been approved without getting another approval? 13 A Again, I -- it's not that he changed or altered; he 14 added information, from what I could see, that 15 cross-references it to another -- to another case. 16 see where he changed anything in the other part of the 17 narrative. 18 Q 19 20 I don't So it's okay to go ahead and write on an NTA after it's been approved without getting it further approved? A It would not be okay if he was to go back and 21 change the elements of what took place, but in this case, 22 from what I can see, it's just, like I say, 23 a cross-reference. 24 present this document, maybe for our records people or 25 whatever, to say, oh, let me look, there's another -- looks It would be useful if someone was to Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 37 of 137 PageID 4119 36 1 2 like another case number here that could be used. Q Okay. How are these NTA reports kept? Because 3 they're not typewritten like the incident reports, they are 4 handwritten. 5 A Well, I ask for a copy, again, from our records 6 department, so a copy would be sent down and kept with this 7 and with the cross-reference, I guess, in our records 8 section. 9 Q Okay. So even though it's handwritten, it's kept 10 in the records section, but it's obviously not in a computer 11 system? 12 A Correct. 13 Q Like the incident report. It's a whole different 14 process for keeping the NTAs, compared to the incident 15 reports, right? 16 17 A The incident reports and the Notice to Appear would be kept together in our records section. 18 MR. FOX: 19 MR. NORMAN: 20 MR. FOX: 21 22 Q Did you mean booking report, Counselor? Thank you. Speaking objections, Jim. I was confused. I'll be good. How about the NCIC Interpol issue, did the chief of police have any role in -- in the Interpol search? 23 A No. 24 Q How about in the criminal case, did the chief of 25 police have any role in the criminal case against Aleksandar Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 38 of 137 PageID 4120 37 1 Stepanovich or any of the other defendants that were arrested 2 that night? 3 A No. 4 Q Now, I want to go back to -- to May 17th. What is 5 the policy of Naples Police Department regarding recording of 6 dispatch calls? 7 A The recording of dispatch calls. Our -- we do our 8 own dispatching and there's a recording system up in our 9 public answering -- what do they call it, we call it a P -- 10 anyway, our communication section, every call that's 11 dispatched is recorded and kept up in dispatch; the incoming 12 call from the complainant, the dispatch between the officers. 13 Q The dispatch between the officers, how long is that 14 maintained for? 15 records are maintained? 16 17 A positive. What is the policy regarding how long these Exactly -- it would be 60 to 90 days. I'm not It's approximately 60 to 90 days. 18 Q Is there a retention policy? 19 A There is a retention policy but, again, I'm not 20 exact on the numbers, but I'm -- it's approximately 60 to 90 21 days. 22 Q Is that a written policy? 23 A I'm not sure. We have -- we have a separate policy 24 for our communications, our communication manager keeps. 25 99 percent that it would be; he's extremely meticulous and I'm Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 39 of 137 PageID 4121 38 1 keeps everything. 2 was a betting man I'd say there is. 3 Q 4 Great. I'd have to go back and check, but if I Okay. MR. NORMAN: I'll put a request on the record for 5 that policy, retention policy. 6 Q 7 8 9 And what are some events that would cause the dispatch to be preserved? A If somebody -- if an officer, a detective or somebody asked for that to be preserved, it would be -- a 10 copy of that would be made. If someone was to file an 11 internal affairs case -- internal affairs case and it went to 12 internal affairs' office, they would immediately start to 13 retain whatever we could retain to -- to assist with our 14 investigation. 15 it's just going to get recorded over. It would take something like that, otherwise 16 Q How about a criminal request for discovery? 17 A If the state attorney's office was to ask for it, 18 if a detective was to ask for it, it would be -- a request 19 would be made and they'd make a copy of the tape. 20 21 Q Okay. Now, how many different channels are you for dispatch? 22 A I'm not even sure. 23 Q There's multiple channels? 24 A Yes. 25 Q Are all the channels preserved or is it only the Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 40 of 137 PageID 4122 39 1 2 main channel? A There's a few that are, but I'm -- I'm not a 3 hundred percent sure. 4 not sure, where the officers would talk to themselves -- to 5 each other, but not to themselves. 6 Q Okay. There are some channels, the car, I'm I'm going to represent to you that there's 7 testimony that there was a conversation between Officer 8 Bradshaw and the dispatcher on another channel, but I'm going 9 to play it for you if I can find it. 10 [Recording played as follows: 11 "Name and date of birth." 12 "May 17th, 20 --" 13 "Thursday, May 17th, 2012. 14 "Charlie 3." 15 "Charlie 3." 16 "The subject, Aleksandar Stepanovich, we've been The time 0540." 17 out with him before. When you get a chance can you 21. 18 There's extensive information, I have to give it to 19 you."] 20 Q Can you tell me what's -- what you believe would be 21 going on right there, that conversation between those two 22 individuals? 23 A 24 25 From what I just heard, it sounds like an officer has prior information of a contact with Mr. Stepanovich. Q Okay. What does 21 mean? Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 41 of 137 PageID 4123 40 1 A Call. 2 Q Can you 21. 3 A To call me. 4 Q Call me on the phone? 5 A Yes. 6 Q On the actual, or call him on a -- 7 A I don't know. 8 I'm not sure how they actually communicated. 9 Q Is it -- is 21 a separate channel? 10 channel 21? 11 A No. 12 Q There isn't. Okay. Is there a So this would have been 13 basically, get in touch with me; I want to talk to you off 14 the record? 15 A Yes. 16 Q Okay. So is there -- would that conversation have 17 been captured or recorded between Bradshaw and the dispatcher 18 or is that something that they talked and we're not going to 19 be able to know exactly what was said? 20 21 22 23 24 25 A I don't know if they recorded it or not; it sounds like they were just going to have a conversation. Q Okay. Do you know -- who was the lead officer on the -- on the noise violation? A My assumption is Officer Bradshaw, because his name is the reporting officer. Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 42 of 137 PageID 4124 41 1 2 Q How was it determined who was the lead officer and who was the supporting officer? 3 A Normally by the dispatcher. She'll send a unit, 4 assign that unit to respond to the call and send the other 5 officers to back up. 6 7 Q Is there any significance to -- to who is determined to be the lead officer? 8 A No. 9 Q Do they have any more control of what occurs at the 10 scene? 11 A They're responsible for writing the report. Kind 12 of. 13 same capacity, but since they're writing the report, they're 14 going to be the ones that if something -- a sergeant later on 15 said, Hey, where's the report on that, they would be 16 responsible for writing the report and documenting the 17 incident. 18 I mean, it's not like -- both officers are there in the Q Okay. So if an officer said, Hey, I'm just here 19 for support, that wouldn't be accurate; they both have equal 20 roles and equal responsibility in an investigation? 21 the lead officer -- kind of a compound question. 22 the lead officer have more control of the actions of the 23 officers? 24 25 A Or would Or would It's pretty much both of them are police officers; they're responding in that capacity. It depends on the Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 43 of 137 PageID 4125 42 1 officers at the scene too. 2 officer gets the call; if a master officer got the backup, 3 he's not in a position where he has to, say, do what that 4 officer says; if there's something there, say, I think we 5 should do it this way. 6 a team. 7 documenting the information. 8 the one that would be documenting what takes police. 9 Q I mean, it might be a junior I mean, they kind of work together as The lead in these types of things is mainly You're the lead officer, you're So there's no policy of the Naples Police 10 Department that says, hey, you need to follow the directions 11 of the lead officer on the -- 12 A No. 13 Q So there's -- there's no policy that would have 14 made it Bradshaw's call or Bradshaw's decision of whether to 15 issue a Notice to Appear or whether to engage with these 16 individuals that night? 17 A Policy, no. 18 Q I want to talk about -- I call it MVS, but it could 19 be in-camera policy. 20 cars of Officers Bradshaw, Harp, O'Reilly and Herman equipped 21 with in-car cameras that night? 22 A MVS, mobile video systems. Were the I can't state that every officer had one that 23 night, but the standard is that they -- they have them. 24 Whether they're operable in those cars or the sergeant's car, 25 I'm not a hundred percent sure, but the norm is that they Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 44 of 137 PageID 4126 43 1 2 3 are, yes. Q So the policy that -- that all cars, all police cars in Naples, are equipped with these devices? 4 MR. FOX: Object to the form. 5 A Marked units with the officers do, and sergeants. 6 Q And how -- what is the policy to insure that these 7 cameras are working? 8 9 MR. FOX: objections, counsel, but when? 10 11 12 13 I know you don't like speaking MR. NORMAN: Q Back in 2012. That's a good one. I'm talking -- just if I don't specify, I'm talking at the time of the incident. A In 2012, we had -- the cameras that were in the car 14 were a company called Custom Signals, and they were not as 15 what we have now. 16 prisoners in the back of the car; in fact, it's mandated that 17 they do. 18 check the camera and check the actual microphone to make sure 19 that they were working at the beginning of their shifts. 20 21 22 Q Now we have the cameras that also film the When officers would take the cars out, they were to And how is it -- if they weren't working, were they required to fill out any paperwork? A They were to notify their sergeants and to -- if we 23 could not use -- if there was other cars available, we would 24 try -- it would be up to the sergeant to determine if there's 25 other cars they could use that had a camera system that Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 45 of 137 PageID 4127 44 1 worked, maybe do that, or if there's no other cars available 2 they would just have to operate without a camera system if we 3 had no other cars available. 4 Q Is there any information that the cameras in 5 Officer Bradshaw's and Officer Harp's vehicles weren't 6 working that night? 7 A I don't have that information. 8 Q Have you ever been presented any evidence or any 9 10 information that maybe the cameras in their vehicles weren't working that night? 11 A I have not, no. 12 Q And what was the policy in 2012 for when you are 13 14 I have not been given that. required to record? A The cameras would come on automatically if you 15 engaged your emergency equipment, lights and sirens. 16 microphones had -- potentially you could turn it on, if need 17 be, but it wasn't an actual part of the policy where you had 18 to, and -- but they had that option to use it at that time. 19 20 21 Q What -- what was mandatory for the officers to do and what was discretionary, if you can explain? A It would be, like I say, it would come on 22 automatically for emergency calls. 23 traffic stops, DUIs, those type of cases. 24 25 The Q Okay. You would use it on And what would be discretionary for the officers when to use the camera? Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 46 of 137 PageID 4128 45 1 A It would be discretionary. 2 Q Everything else would be discretionary? 3 A Yes. 4 Q So in an incident like this, when engaging with 5 someone over a noise violation, it would be something that 6 would be discretionary; the officer could go ahead and turn 7 it on, turn the mic on, but they weren't required to? 8 A Not required. 9 Q But they could've? 10 A They could've. I'm thinking technically I don't 11 know if that would work. 12 know, I'm not sure if it would have even worked, but... 13 Q 14 more thing. 15 16 Okay. If they were up in a building, you And what is the retention policy? Oh, one How about the transport of prisoners, was that required to be done back then? 17 A No. 18 Q It is now? 19 A Yes. 20 Q But back then it was not? 21 A Yes. 22 Q How about the retention of these tapes? Was there 23 a retention policy back then for if you created video, you 24 got to keep it if there's a criminal case going on or what 25 was the retention policy? Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 47 of 137 PageID 4129 46 1 A The system we had back then was a wi-fi, so when 2 the officers pulled up to the police station, it would 3 automatically download the system into our storage device at 4 the station with our property and evidence unit. 5 Q Okay. How long would it be kept for? 6 A Again, I'm not -- it would have been 60 to 90 days. 7 There's a number, but I'm not exactly sure what it would have 8 been. 9 file an internal affairs complaint or whatever, then we would 10 11 Again, that's one of those things if somebody was to have captured that and saved it. Q Do you -- is there any information that there was 12 any video taken or audio taken in this case by the officers 13 from their in-car cameras or audio systems? 14 A I don't have any information. 15 Q Back in 2012, what was the policy regarding the 16 17 handling of noise violations by officers? A The policy was with -- to use our noise ordinance, 18 which gave officers, they would make that determination with 19 reasonableness of what -- when they would arrive at the 20 scene, they would make a determination whether it was a noise 21 violation or not. 22 location, where -- we try to get the officers to go to where 23 the noise is coming from, where the complainant is, to see 24 where they're at, where the noise is coming from, and just 25 make a reasonable decision on that point, whether it was Taking into factors ambient noise, the Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 48 of 137 PageID 4130 47 1 2 acceptable or not acceptable noise. Q Were there any safeguards to -- to ensure that it 3 was an objective decision and not just, you know, an officer 4 deciding to pursue? 5 6 MR. FOX: Q Object to the form. Let me -- I'm not going to strike it; it's going to 7 be in the record anyway. But what I'm saying is that, you 8 know, were they required to, hey, record this on your cell 9 phone, record this on your MVS, something to make it 10 objective so that it can determined how loud the music 11 actually was? 12 A No. 13 Q How about were they given any specific standards 14 15 16 17 about what was loud and what wasn't loud? A No. Like I say, it's just the reasonableness for -- for that specific location at that specific time. Q Is it, Hey, I can hear it, I can hear it a little 18 bit, I'm able to make out what it is, or did it have to be 19 something that was loud to the officers, or did it just 20 completely depend on the circumstances? 21 A It depended on the circumstances what was 22 reasonable for that location. 23 or whatever might have been taking place at that time. 24 25 Q Like I say, with ambient noise How were the officers trained on the incident of noise violations? Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 49 of 137 PageID 4131 48 1 A We gave them training on our noise ordinance, 2 because it had changed. 3 first started, where they were -- they had decibel meters and 4 it was just so convoluted at the time that didn't -- it 5 didn't make sense to keep those calibrated, to keep officers 6 certified to be carrying around a device, so it was -- the 7 ordinance was changed and it included the reasonableness, so 8 we did training on that; it would have been in-house 9 training. 10 11 12 13 14 15 16 Q There was a time where -- when I Were there documents generated as part of that training? A I can't -- I can't say 100 percent, but I would -- I would assume there is but I can't say a hundred percent. Q Okay. So prior to 2012, officers were required to carry decibel meters? A I'm not sure the year, but it was when I first 17 started. 18 stopped doing that I can't say 100 percent. 19 Q Yeah, it would have been prior to 2012, but when we So the policy changed at some point where officers 20 were no longer required to carry decibel meters to make a 21 measured determination and it became more of an officer 22 discretion issue; is that fair to say? 23 A Yes. 24 Q How about the policy regarding issuing warnings to 25 Sorry. individuals, how was that -- what was the policy regarding Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 50 of 137 PageID 4132 49 1 warnings to individuals for noise violations? 2 MR. FOX: 3 Q Object to the form. Officers would respond. They would make a 4 determination, first, if there is a noise violation. 5 again, it would depend on the situation on how they -- it was 6 basically to their discretion on how they would address it. 7 Compliance is the number one. 8 the noise stopped. 9 that we deal with in the City of Naples, if an officer 10 And, What we're trying to do is get And in most cases and with most people responded and there was loud noise, most people complied. 11 Q Okay. 12 A Most of the time most people would turn down the 13 noise and comply with just a warning. 14 15 They complied with just a warning? Q Okay. So there was no need to go further and actually issue an NTA? 16 A Again, it's the officer's discretion and it would 17 depend on the noise level and the person that they're dealing 18 with. 19 It's the officer's discretion. Q So even if the music -- even if the officer said, 20 you know, turn down the music, and it was complied with, the 21 officer still had discretion whether to issue a warning or 22 whether to actually issue an NTA? 23 A Yes. 24 Q Was there any policy to determine, hey, if these 25 people do -- follow your instructions right off the bat, then Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 51 of 137 PageID 4133 50 1 you're not to issue an NTA, or was it completely officer 2 discretion? 3 A Officer discretion. 4 Q So is there any element in the policy where someone 5 uses an expletive, like "F you," verbalizes it, that that 6 would make the noise violation a more serious offense? 7 A Policy? 8 Q Yes. 9 A No. 10 Q Once again, it's officer discretion whether or not 11 an abusive -- or just the use of an expletive would increase 12 the level of involvement of the officer? 13 A It's not policy; it's the officer's discretion. 14 Q Okay. Now, when issuing a -- a Notice to Appear, 15 does the officer also have the discretion whether to do it 16 right there at 4:00 in the morning or to come back the next 17 day and issue? 18 A You should do it right there. 19 Q You should do it right there? 20 A Yes. 21 22 That night or that day. If it's 4:00 in the morning, they should do it at the time of the incident. Q If the music is actually -- or the noise has 23 subsided, could the officer leave and come back and say, Hey, 24 I'm giving you a noise violation, the next day, or what is 25 the policy? Or do they have to, you know, at 4:00 in the Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 52 of 137 PageID 4134 51 1 morning go ahead and do it right then? 2 A The proper process would be if they're there at 3 4:00 in the morning, if they observe the noise violation and 4 they determine that they want to write a Notice to Appear, 5 they would serve that person with the Notice to Appear at the 6 time of the call. 7 8 Q Okay. What's the policy regarding where the NTA is issued? 9 A I'm not sure what you mean "where." 10 Q Well, in this case it's alleged that the NTA was -- 11 was given down the elevator, you know, outside by the police 12 car. 13 where these NTAs are written and given out? 14 Is that a policy that you need to be by the police car A There's not a policy on where. It's a reasonable 15 practice if that's where the report is to come down to the 16 car. 17 have the person come down to the car and take care of it 18 there or bring the report back up and do it upstairs. 19 -- again, it's the officer's decision. 20 They could do it either way. Q All right. They could come down and It's So at 4:00 in the morning, is there -- 21 there's no policy that says you need to take the person out 22 of their home and bring them downstairs and give them the 23 NTA? 24 A It's not a policy, no. 25 Q Is that more of an officer's discretion issue? Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 53 of 137 PageID 4135 52 1 A Yes. 2 Q And what would that discretion be based upon? 3 A Reasonableness for that specific incident. If you 4 have a compliant individual, says, I'll walk downstairs with 5 you. 6 faster, more efficient way of getting it done. 7 the specific call. 8 9 Sure, let's go down and take care of it there, it's a Q It depends on So -- so, once again, officer's discretion whether to just write it at the door to the person, here's a tick -- 10 here's a Notice to Appear or to actually bring them out of 11 their house, take them downstairs and give them a ticket? 12 13 MR. FOX: A Object to the form. The bringing them out of the house, it would be 14 voluntarily if I'm willing to walk down to the car with the 15 officer -- bless you -- and do it that way. 16 I say, compliant: 17 bringing them out of the house if they're willing to go 18 downstairs and get it done. 19 20 21 22 Q If it's -- like I'll walk downstairs with you. All right. It's not And is a noise violation an arrestable offense by policy of Naples Police Department? A Back at that time it was considered -- it was a misdemeanor, which would have made it an arrestable offense. 23 Q Is it still a misdemeanor today? 24 A It's more of an administrative charge with the way 25 it's set in 2015. Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 54 of 137 PageID 4136 53 1 2 Q All right. So today it's not an arrestable offense? 3 A Correct. 4 Q I want to go back to the MVS, In-camera policy. 5 Were there any failure-to-record forms or equipment failure 6 forms that the officer's required to fill out before the end 7 of their tour of duty that day, equipment malfunction? 8 A No. 9 Q As part of the training of Naples Police officers, 10 are they trained to de-escalate situations? 11 A Yes. 12 Q How and where do they get this training? 13 A It's basic training when they go through the police 14 academy. 15 judo type of thing, dealing with different types of 16 situations in de-escalating. 17 have -- if we address it in-house, but it's -- basically it's 18 at their -- in the police academy that's part of their basic 19 training. 20 Q I'm not sure if we use the term, but the verbal And I'm trying to think if we So is it fair to say that if there are two options, 21 the officer is trained to use the option that would 22 de-escalate the situation instead of escalating the 23 situation? 24 A 25 Every situation is different. come into contact is different. Every person you Like I said earlier, the Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 55 of 137 PageID 4137 54 1 majority of the time in the City of Naples when you ask 2 somebody to comply and de-escalate, it happens. 3 Q Okay. As part of that situation about 4 de-escalating situations, are they -- are officers trained 5 about when they are cussed at or somebody swears at them 6 about how to handle it? 7 A It's part of the de-escalation with the -- it's the 8 understanding that you are going to be cussed at, those 9 things do happen, but you -- you still handle the call 10 objectively. 11 Q 12 So -- so if somebody says "F you" or says something negative to a police officer, it's not a crime, right? 13 A No. 14 Q All right. And the officer receives training that 15 you will have this happen and you need to learn to deal with 16 it; is that fair to say? 17 18 19 A They're taught to de-escalate and those situations are going to take place, yes. Q Now, is -- is part of the situation about 20 de-escalating that there's situations when it's more risky to 21 engage? 22 A I'm sorry, can you -- 23 Q When there potentially would be drinking late at 24 night, it's -- are they trained that, hey, this is a higher 25 probability that there may be some -- some occurrence or some Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 56 of 137 PageID 4138 55 1 -- some -- probability of an engagement with these 2 individuals is higher? 3 4 MR. FOX: A Object to the form. In an officer safety type of scenario it would add 5 their level of, like -- you're thinking more of what could 6 potentially be if somebody, like in this situation, has been 7 drinking heavily, that would make you realize, I could get 8 hurt here. 9 you were on a call like this. 10 Q Just it would raise your level of alertness when Okay. If -- if somebody allegedly was drinking, 11 are officers trained not to -- if they're drinking in their 12 house, are officers trained not to engage with these people 13 unless you really need to as part of the de-escalation 14 training? 15 A No. 16 Q Okay. So there's no -- nothing the officers are 17 trained on in terms of interacting with people late at night, 18 you know, after a certain time at night compared to middle of 19 the day? 20 A Like I say, every situation is different. And I 21 would say, yes. 22 the morning, you're getting a complaint, there's been heavy 23 drinking and partying. 24 25 Q Like in this incident where it is 4:00 in Allegedly. MR. FOX: Counsel, speaking objections. Really. Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 57 of 137 PageID 4139 56 1 A Then they got a call of a noise complaint, loud 2 noise, they get there, there's obvious signs of drinking, 3 yes, it's going to raise your level of alertness. 4 5 Q Okay. What is the policy for the City of Naples regarding misdemeanor arrests? 6 A What do you mean by what's the policy? 7 Q When can you arrest somebody for a misdemeanor, 8 generally? 9 A It has to be the majority of the misdemeanors are 10 -- take place in your presence, or there's the exceptions; 11 there's a few exceptions to that. 12 a misdemeanor that takes place in your presence. 13 Q All right. But the majority of it is Is there a requirement that you need to 14 take a sworn statement from a witness before you can arrest 15 somebody for a misdemeanor? 16 A It's a practice here in Collier County where that's 17 done with the state attorney's office where they do take 18 sworn statements from witnesses, yes. 19 Q But before an arrest is made? 20 A During -- well, I don't know about before, but they 21 -- as part of the investigation at some time during that, 22 you're going to take a sworn statement. 23 Q I would -- yeah. In this case there are allegations that Officer 24 Bradshaw, Officer Harp went and spoke to the next-door 25 neighbor and got a sworn statement before going over to the Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 58 of 137 PageID 4140 57 1 apartment. Is that part of the policy of Naples prior to 2 making an arrest, that you should take a statement? 3 A It's not policy, no. 4 Q Is it a practice? 5 A It's a practice that you're going to go, like on 6 most calls, if there's a complaint, you're going to speak to 7 that individual and ask them what happened, what's your 8 complaint, what's taking place. 9 10 Q When can you arrest someone for a misdemeanor inside their home according to the policy of City of Naples? 11 A Boy, that's a broad, broad, broad question. 12 Q For a noise violation. 13 A For a noise violation. 14 Q Back in 2012. 15 A Inside their home. 16 17 Again, it would depend on the -- on the situation of being inside that home. Q 18 Explain, please. COURT REPORTER: I'm sorry? 19 Q Explain, please. 20 A If you were invited into the home, if there was an 21 exigent circumstance to be inside that home, then it would -- 22 then you would, as if something escalated at that point, you 23 could, you could deal with it. 24 vague question. 25 Q Okay. But again, it's a pretty So consent, invited in with consent would be Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 59 of 137 PageID 4141 58 1 one way you get into the house to make an arrest. So if you 2 go, can I come into the house to arrest you, they say, yes, 3 that's fine, right? 4 A [Nodding.] 5 Q Exigent circumstances for a misdemeanor, what are 6 7 they? A I'm saying if you were there for -- I can't think 8 of one. 9 complaint, it's really not going to happen. 10 Q It would have to be something -- for a noise There -- there aren't any exigent circumstances 11 that would justify officers entering into an individual's 12 home, for exigent circumstances? 13 14 15 16 A For a noise complaint, you're not going to enter somebody's home. Q Okay. What would be the other way that you could enter their home to arrest them? 17 A I can't think of one. 18 Q It would be to get a warrant, right? 19 Need a warrant. 20 A To -- oh, yeah, to get a warrant. 21 Q So you could go and get a warrant, an arrest 22 warrant, and then you can actually enter the home to go ahead 23 and arrest them? 24 A Correct. 25 Q All right. So there's three things: consent, a Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 60 of 137 PageID 4142 59 1 warrant, or if there were any, but there aren't here, exigent 2 circumstances. 3 A Correct. 4 Q All right. 5 And when you say -- are officers -- how are officers trained on this, City of Naples officers? 6 A Trained, what's "this"? 7 Q How are they trained on when they're allowed to 8 enter an individual's castle, their home, in order to 9 effectuate an arrest? 10 A It's part of their initial training in the police 11 academy. 12 state attorney's office to where they will come in and -- 13 that provide training on different issues and sometimes that 14 comes up. 15 come over, David Waxman, and he gave eight hours of training 16 specifically on search and seizure, it would have been before 17 this incident, but a full-day training on search and seizure. 18 That's how we would do the training. 19 Q We have regular training, annual training by the In 2010, I had a state attorney from Miami-Dade Okay. And do you have specific recollection that 20 Officer Harp and Officer Bradshaw received training on when 21 they're allowed to arrest someone in their home for a 22 misdemeanor noise violation? 23 A I looked at the training records prior to coming 24 here, and -- since they were such new officers, I think Harp 25 started in December of 2011, and May of 2011 for Bradshaw. Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 61 of 137 PageID 4143 60 1 So it would have been -- since they were so new it would have 2 been their basic training, I believe, in the police academy. 3 Q Okay. As the 30[b][6] witness for the City of 4 Naples Police Department, do you have specific information 5 that they did receive training on when they can arrest 6 someone in their home, at the police academy? 7 A Specific, what do you -- it would be part of the 8 basic training that they're going to get in their basic law 9 enforcement training. 10 Q Have you gone and reviewed the basic law 11 enforcement training to see if the issue of when you can 12 arrest somebody in their home for a misdemeanor was actually 13 provided to them? 14 A No. 15 Q Okay. 16 So you're assuming -- as a 30 [b][6] witness you're assuming that this training was provided? 17 A Correct. 18 Q Now, when you say enter a home to effectuate an 19 arrest, what exactly is the policy in terms of what is 20 entering? 21 A I'm not sure what you mean by "entering.". 22 Q My questions aren't coming out so well. So does it 23 mean that the officer can't go into the home physically? The 24 policy is that the officer can't go into the home physically, 25 right? Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 62 of 137 PageID 4144 61 1 A For what type of offense? 2 Q To -- in order to arrest without a warrant or 3 exigent circumstances. Let's assume for purposes of this 4 there's no warrant, no consent, no exigent circumstances. 5 A For a noise complaint. 6 Q For a noise complaint. 7 MR. FOX: Object to the form. 8 A I'm sorry, you'll need to repeat that. 9 Q It's -- for the next series of questions I'd like 10 you to assume that we're talking about no warrant, no exigent 11 circumstance, no consent. 12 the home, and we're talking about policies in Naples, to 13 effectuate an arrest for a misdemeanor noise violation? Is an officer allowed to step into 14 A No. 15 Q Is an officer allowed to stay outside and reach 16 into the home and pull somebody out for a misdemeanor noise 17 violation? 18 A No. 19 Q How about for any misdemeanor crimes? 20 A Not that I can think of. 21 Q Is an officer allowed to break the plane of the 22 doorway in any fashion in order to get to somebody to arrest 23 them for a misdemeanor? 24 A A noise complaint? 25 Q Misdemeanor in general. Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 63 of 137 PageID 4145 62 1 A No. 2 Q Noise complaints included. 3 A No. 4 Q So if -- if an officer did enter a home, even 5 breaking the plane, in order to arrest an individual for a 6 misdemeanor, this would be a violation of policy? 7 A Yes. 8 Q All right. 9 MR. NORMAN: Got a decent amount. 10 amount left, but -- 11 MR. FOX: 12 MR. NORMAN: 13 MR. FOX: 14 MR. NORMAN: 15 MR. FOX: 16 MR. NORMAN: 17 approximately 11:28. You want to take a break? I'd like to take a small break. Why don't we take a break. We've been going at it for a while here. Going off the record. [Whereupon, a recess was taken.] 19 MR. NORMAN: 20 about 11:40 a.m. 22 That's fine. Okay. 18 21 I have a decent We are back on record. The time is The time is BY MR. NORMAN: Q Chief Weschler, we were talking about it being a 23 violation of policy if officers actually entered a house for 24 a misdemeanor arrest without consent, exigent circumstances 25 or a warrant, right? Was there ever any investigation in Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 64 of 137 PageID 4146 63 1 this case regarding whether either Officer Bradshaw or 2 Officer Harp actually broke policy and entered the home 3 without consent, exigent circumstances or a warrant? 4 A No. 5 Q And what is the policy how officers are dealt with 6 when it's learned that they did violate policy -- 7 8 MR. FOX: Q 9 10 11 -- and enter -MR. FOX: Q Just for -- I'll let you finish. -- and enter a home to effectuate an arrest without a warrant, consent or exigent circumstances? 12 MR. FOX: Before you answer, may I have my same 13 standing objection about remedial measures so that I 14 don't interrupt you again? 15 Is that a yes? 16 MR. NORMAN: 17 MR. FOX: 18 A Yes. Yes, it is. Thank you. Every situation is different. There's -- training 19 is always a good option. 20 and the -- I guess, the level of intent if we could determine 21 that of the officer of where they were in their career, what 22 was taking place at that specific time. 23 Q Okay. It would depend on the situation, So is it fair to say that there is no 24 specific policy on how to deal with officers when they enter 25 a home to effectuate an arrest in violation of department Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 65 of 137 PageID 4147 64 1 2 policy? A There is a policy to deal with internal affairs 3 issues, or misconduct, a violation of policy, period. 4 mean, not -- not -- there's not a policy for entering a home. 5 Like, we don't specifically put that in a policy, no. 6 Q I How about when an officer is found to have violated 7 policy, is there a policy for dealing with an officer when 8 it's learned that they violated department policy? 9 A Yes. 10 Q And what is that policy? 11 A We have a discipline policy and our internal 12 13 14 15 affairs policy would address that. Q And when you say address it, what's the policy for addressing a situation where an officer violates policy? A In an incident like what we're here for today, the 16 majority of the time that would be an internal affairs 17 investigation where the individual would come in as the 18 complainant and say, hey, I have been -- my -- this is what 19 happened to me, it was improper, and then we would initiate 20 an internal affairs investigation. 21 would find out about it, initiate the investigation, retain 22 evidence and start the entire investigation. 23 Q All right. That's the norm on how we So one line of how this would be dealt 24 with would be the person arrested came in and complained and 25 said my rights were violated? Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 66 of 137 PageID 4148 65 1 A Correct. 2 Q How about if the police department learns 3 irrefutably that a violation occurred, independently of the 4 person that was arrested, is there a mechanism for dealing 5 with -- with that? 6 MR. FOX: 7 A Object to the form. It would -- it would be the same. If we received 8 information that one of our officers acted inappropriately, 9 whatever the situation, by policy we would initiate an 10 11 investigation. Q When you say inappropriately, I want to focus, 12 because right here we're talking about a violation of policy 13 in entering the home, right, this specific instance. 14 later learn independently and credibly an officer violated 15 policy, how would it be dealt with? 16 dealt with but what is the policy for dealing with this 17 issue? 18 A Are we talking about this incident? 19 Q It could be any incident, but we're talking about 20 21 If you Not how would it be policy when you receive credible information. A If it's about any violation of policy, like I say, 22 it could be a number of different ways. It could be remedial 23 training, it could be counseling, it could be just 24 informally, hey, don't do that again, up to a full 25 investigation. It depends on the policy and what that Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 67 of 137 PageID 4149 66 1 2 violation of policy was. Q Is that a written policy or is that a de facto 3 unwritten policy on how to deal with officers that violate 4 policies at the department? 5 A We have a discipline policy. 6 Q Is that a written policy? 7 A Yes. 8 Q All right. 9 10 11 12 And does it specifically address when an officer is disciplined for violating policy? A Does it specifically address when disciplining an officer when he violates policy? Q 13 It does. Yes. Okay. MR. NORMAN: I'd like to put a request on the 14 record for that discipline policy. 15 Q So does that written discipline policy actually 16 provide a spectrum of minimum action required, a maximum 17 action required, or is it completely up to the discretion of 18 the chief in order to handle discipline issue for violating a 19 policy? 20 MR. FOX: Before you answer that, I assume that 21 your request for production was the discipline policy in 22 place at the time of the incidences involved. 23 MR. NORMAN: 24 MR. FOX: 25 A Yes. Okay. Go ahead. The discipline policy of -- there's three different Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 68 of 137 PageID 4150 67 1 levels of discipline that -- it kind of gives you some 2 guidance, almost like a matrix, if it was like one of these 3 type of offenses, 1, 2 or 3, with 3 being the most severe. 4 Kind of gives you some guidelines. 5 identify, okay, this sounds like it's going to be a step 2 6 violation because it's middle of the road. 7 guidance, but the chief has the ultimate decision on making a 8 determination at the end once the discipline is finally 9 determined. Like you might want to It gives you some It doesn't say for this violation, you will get 10 this discipline. 11 situation's different but it gives you some guidelines and 12 there is a policy in place. 13 14 Q Okay. Like I said before, every -- every And what would the minimum -- minimum discipline be for a violation of policy? 15 A Minimum discipline, it would just be like 16 counseling. 17 Q Counseling? 18 A Minimum. 19 Q All right. You would give somebody, like, oral counseling. For -- for something where the officer 20 violated a policy by entering a unit to effectuate an arrest, 21 a misdemeanor arrest, would there be a required training 22 element? 23 A If I was getting an investigation, sustain an 24 investigation on my desk for that type, yeah, it definitely 25 would include training. Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 69 of 137 PageID 4151 68 1 2 3 Q In this particular case, did the police chief ever learn that these officers entered the home unlawfully? A The police chief learned about this with the filing 4 of this, this case, that there was allegations that the 5 officers entered inappropriately. 6 Q Prior to this case did the police chief ever learn 7 that the court dismissed the criminal charges against 8 Aleksandar Stepanovich for -- 9 A Yes. 10 Q -- for the officers not being lawfully in the 11 apartment? 12 13 MR. FOX: A No. Object to the form. I knew that the case had been dismissed. In 14 fact, I was a little perturbed that the case had been 15 dismissed, because I had an officer that was injured and I 16 still believe that there was the opportunity to maybe go back 17 and address this another way, appeal it, and maybe take some 18 more action to pursue this. 19 20 Q Did you ever see this order, and I'll give you a minute to look at it. 21 A No, I did not. 22 Q Okay. So you weren't aware that a judge had 23 actually found, made a judicial determination, that the 24 officers were not lawfully within the apartment? 25 MR. FOX: Object to the form. Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 70 of 137 PageID 4152 69 1 A No. 2 Q Were you aware -- I'll let you take a look at this 3 document, and I believe it's Plaintiff's Exhibit 3. 4 police chief aware -- I'll give you a moment. 5 Was the Were you aware that two of the charges weren't 6 pursued, the breach of peace and resisting an officer without 7 violence charges weren't pursued because of insufficient 8 evidence to prove beyond a reasonable doubt? 9 MR. FOX: 10 11 A Initially all I knew is that the charges had been dropped, but I -- I did not -- I didn't see that document. 12 13 Object to the form. Q Why did you believe that the charges had been dropped or why were you told the charges had been dropped? 14 A I couldn't believe the charges had been dropped, 15 actually. 16 this report. 17 responded to a noise complaint; there was excessive drinking, 18 loud noise; they wouldn't turn down the noise; we had to come 19 back to have them turn down the noise; that the fight ensued 20 and my officer got kicked in the face and that's the call. 21 That's -- that's the interpretation I have. 22 it. 23 drop those charges, and I was never apprised of the rulings 24 by the state attorney's office. 25 From what I knew -- like I say, I do not review From what I understood is that the officers I didn't review To me, I didn't understand at that point why they would Q Okay. All right. And was the chief of police Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 71 of 137 PageID 4153 70 1 aware that several officers that were engaged in the arrest 2 had a meeting with the state's attorney where they were told 3 that they weren't allowed to enter the apartment? 4 MR. FOX: I'm going to object to the extent that 5 the question calls for any information that you might 6 have learned from Mr. Pritt or myself, and ask counsel 7 if he could rephrase it or if the witness could answer 8 without reference to what he may or may not have learned 9 from his attorneys. 10 Q Okay. And I'm going to bring it in just common. 11 I'll try and say it as a layman. Were you aware that the 12 officers that engaged in the arrest actually met with the 13 state's attorney and were told, you guys were not -- you guys 14 were not allowed to go in this apartment to arrest for a 15 noise violation? 16 before your counsel or the city attorney became involved in 17 the civil case? Were you aware of that meeting before, 18 A No. 19 Q Is there any policy regarding when officers of the 20 City of Naples receive information exonerating, exonerating 21 someone from a criminal offense, to inform their supervisors? 22 A No. 23 Q All right. So if someone learns -- an arresting 24 officer later learns that all the elements of the case 25 weren't met, there's not a policy that requires them to Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 72 of 137 PageID 4154 71 1 notify anybody at the police department? 2 A No. 3 Q All right. Well, how would the police department 4 learn that it wasn't a good arrest if the arresting officer 5 didn't pass that information on? 6 A Just within our department, I know my criminal 7 investigations division lieutenant, Matt Fletcher, he has -- 8 since the detective bureau deals a lot with the state 9 attorney's office, they have a good rapport with them. 10 There's just discussion amongst them if there's an issue 11 where they might say, hey, you guys need to work on whatever 12 the deficiencies might be. 13 from the state attorney's office where they come in annually. 14 Like for a specific case, I mean, that's the only way if they 15 might go to him and just discuss it, but there's no policy in 16 place. 17 Q Who was him, again? 18 A Lieutenant Matt Fletcher. Like I said, we have training He just has a good 19 rapport -- like I say, they cross paths quite a bit -- and it 20 might just be in discussion. 21 nothing definitive for that type of situation. 22 Q But there is no policy, there's So there's -- there's no way, or no policy, or no 23 mechanism in place for the chief of police to learn when 24 there actually would be a finding that charges weren't 25 supported? Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 73 of 137 PageID 4155 72 1 A No. 2 Q And is there any duty on the part of the officers, 3 when they learn that they made a bad arrest, to inform their 4 supervisors? 5 A What do you mean by "duty"? 6 Q Well, in this case, Officer Herman testified that 7 there was this meeting. 8 that it's a bad arrest, the initial arrest was a bad arrest, 9 does he have a duty to pass it up the chain of command? 10 MR. FOX: Once he learns that information, Object to the form. 11 A It's -- it's not policy. 12 Q So Officer Herman's allowed just to keep it to 13 14 I mean, it's -- no. himself once he -A 15 We don't have a policy. MR. FOX: 16 the form. 17 Q Don't talk over each other. Object to So is there anything that you know of that would 18 require Officer Herman, or any other officer, after he 19 received the information that this was a bad arrest, to 20 notify anybody in their chain of command? 21 22 MR. FOX: A Object to the form. There is no policy on it, it's -- I would 23 appreciate it if they were to say, hey, this -- we need to 24 work on this, as a supervisor, and bring it to our attention, 25 but there is no -- no policy on it. Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 74 of 137 PageID 4156 73 1 Q And for the record, you, again, I think I asked, 2 but you were never made aware that this determination that it 3 was a bad arrest was made during the criminal proceedings? 4 MR. FOX: Object to the form. 5 Q 6 was filed? 7 A Correct. 8 Q Now, if you can read right here. 9 Until -- and I'll qualify it, until the civil suit asked," if could you read the next, I believe, it's three or 10 four lines. 11 A "Officers advised"? 12 Q Yes. 13 A Just that sentence? 14 Q No. 15 It says "Officers Read the next three sentence after that, please. 16 A Okay. 17 Q I'll take that back. I'm going to read it out 18 loud. This is the press release that you testified that 19 wasn't reviewed by the chief of police but was issued by 20 Lieutenant Barkley at the time, Captain Barkley now, right? 21 A [Nodding.] 22 Q That's a -- that's a yes, right? 23 A Yes. 24 Q Okay. 25 It says that "Officers advised Mozolicova to step outside so officers could effect an arrest for Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 75 of 137 PageID 4157 74 1 disorderly conduct and City Ordinance violation 2237, noise 2 violation." 3 A Yes. 4 Q "Mozolicova refused to step outside of the unit at Those are both misdemeanors, right? 5 which point officers attempted to take physical custody of 6 Mozolicova inside of the unit." Right? 7 A That's what it says. 8 Q Right there, that's a violation of policy, isn't 10 A Yes. 11 Q It's a violation of the Naples policy, that was 9 12 13 it? issued in the press release? A That's Lieutenant Barkley's writing, so I can't 14 speak for him what his -- his thoughts are at the time, but 15 that's -- yes. 16 17 Q So it's an expressed violation of policy that's published to -- to the world, I mean to the public? 18 A That's what the document says. 19 Q That's a yes, right? 20 A Yes. 21 Q Was there any action taken on this admitted 22 Yes? violation of policy at the City of Naples? 23 A Not that I'm aware of. 24 Q Okay. 25 Now, in terms of -- in terms of the charges that were made up by -- not made -- strike that. I didn't Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 76 of 137 PageID 4158 75 1 mean made up, but the charges that Officer Bradshaw listed in 2 the incident report, is there any mechanism, practice, policy 3 of the City of Naples to determine whether a suspect is 4 overcharged? 5 6 MR. FOX: A Object to the form. There's not a policy or practice -- it's not a 7 policy in place, but the charges that the officers initially 8 place on their booking sheets are then sent to the state 9 attorney's office. The state attorney's office would then 10 review it and then make their determination on the actual 11 filing of the charges at that time. 12 13 Q All right. But in this case, and this all began over a noise violation, right? 14 A Yes. 15 Q And five individuals in this house were charged 16 with multiple misdemeanors and felonies, right? 17 A Yes. 18 Q Is there any -- are there any checks and balances 19 to just make sure that those charges are substantiated and 20 that an officer is not overcharging an individual? 21 22 MR. FOX: A Object to the form. That's where initially a supervisor would review it 23 to determine if there's the elements of the crime there. But 24 like I say, from the checks and balances would then be when 25 it goes to the state attorney's office for the actual filing Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 77 of 137 PageID 4159 76 1 of the charges; there might be some discussion or changing of 2 the charges there. 3 the scene of the noise complaint, there was excessive 4 drinking, and they charged them with the charges. 5 don't see where the excessive charges are. 6 the time, but from what is in documents it would seem 7 appropriate to me and then it would go to the state 8 attorney's office and then they would make the determination 9 from there how to proceed with it for -- for court purposes 10 But in this situation, we were called to I mean, I I wasn't there at or not. 11 Q What does disorderly conduct require? 12 A Actually I would have charged them with disorderly 13 intoxication based on the officers' testimony that there was 14 excessive drinking and partying going on. 15 the peace, the causing a disturbance, crowds to gather, 16 shouting, those type of things. 17 would have included the slurred speech, the odor of alcohol, 18 staggering, you know. 19 misdemeanors. 20 21 Q It's the breach of For the intoxication, it Very similar charges, both Don't they need to be engaged upon a public for both those charges? 22 A You mean the disorderly conduct? 23 Q When you're inside your house. When you're inside 24 your house you -- it's harder to engage in disorderly 25 conduct, right? Do -- you can answer. Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 78 of 137 PageID 4160 77 1 A When officers are called to the scene of a noise 2 violation for excessive noise with partying, it wasn't like 3 the officers were driving down the street and just said, 4 let's go knock on that door. 5 twice, because of loud noise at 4:00 in the morning, 6 partying, and that's why we were there. 7 public who contacted us to respond to the scene. We were called to the scene, I mean, it was the 8 Q You've reviewed the police report? 9 A Yes. 10 Q And there's no facts in there to support the 11 disorderly -- I believe it's a disorderly conduct charge 12 against each individual, just that there was loud music. 13 MR. FOX: Object to the form. 14 Q Right? 15 A I'd have to go back and read it again. 16 Q But I guess the point would be that in order for 17 someone to be charged with disorderly conduct, you've got to 18 have specific facts pertaining to that person, right? 19 A Like I said, to me a neighbor calling us to respond 20 because they're getting woken up at 4:00 in morning with loud 21 noise, partying, shouting, music, dogs barking. 22 in the report. That's all 23 Q That's -- that's true, but you have to know who did 24 it, right? 25 unless there's specific facts for each individual, right? You can't just charge everybody in the house Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 79 of 137 PageID 4161 78 1 A As they got there, that wasn't the end of it. From 2 my understanding, I wasn't there, but just for the sake of 3 argument, I mean, those things were taking place when the 4 officers were there and they were witnessing the additional 5 issues with individuals at the scene when they got there. 6 Q But I want to get -- I want to make this less fact 7 specific and I want to ask you specifically, is there a 8 policy or practice to ensure that there are checks and 9 balances that an officer's charges are supported by the facts 10 11 in the incident report? A The practice is that, like I say, this sergeant 12 would review for the elements of the crime and, again, the 13 state attorney's office would review it for -- to make that 14 final determination. 15 Q All right. But we already established that there's 16 a problem with the review of these documents, the incident 17 report, back in 2012? 18 19 MR. FOX: A 20 21 Yeah. MR. FOX: Q Object to the form, argumentative. Wait for a question. There's a question. 22 (Question read back by reporter as follows: 23 "QUESTION: All right. But we already established 24 that there's a problem with the review of these 25 documents, the incident report, back in 2012?") Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 80 of 137 PageID 4162 79 1 2 MR. FOX: A Same objection. There is -- there's a problem with it, but like I 3 say, the practice was that you were to contact your -- make 4 an attempt to contact your supervisor in some way and say, 5 hey, this is what we're -- what's taking place. 6 Q Okay. 7 A Within the department. 8 Q What is the -- is there a use of force continuum 9 10 that the City of Naples has as a policy? A In 2012, there was the use of force continuum, it 11 was the use of force policy. 12 resistance policy, but at the time it was the usual use of 13 force continuum, yes. 14 15 Q Now it's the response to How much force was -- in 2012, was an officer allowed to use in order to effectuate an unlawful arrest? 16 A Boy, that's a loaded question. 17 Q For a misdemeanor. 18 MR. FOX: Objection. Calls for a legal conclusion. 19 Q According to the continuum in place in 2012. 20 A To make an effect on any misdemeanor, it would 21 depend on the level, that's why the continuum; it would 22 depend on the response from the person being arrested. 23 Q For an unlawful arrest. So in order to arrest 24 someone unlawfully, how much force, back in 2012, was an 25 officer allowed to use by policy? Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 81 of 137 PageID 4163 80 1 2 3 4 5 A That's not -- an unlawful arrest isn't mentioned in the use of force continuum. Q So would it be fair to say that no force is allowed to arrest somebody unlawfully back in 2012? A Again, it's a twisted question. If the officers at 6 that time with good intentions were arresting that person for 7 a misdemeanor, then it would be whatever force is used by the 8 individual that they were trying to place under arrest. 9 Q Okay. How does the use of force -- what is the 10 policy for use of force continuum in terms of being escalated 11 to the next level? 12 A It is -- goes to the next level based on the 13 actions of the person that they would be trying to arrest. 14 mean, they're going to start -- start out with from initially 15 the person's presence, then it's going be a verbal 16 resistance, then it's going to be physical resistance, and it 17 continues to escalate. 18 presence, communication, their physical control, there's 19 different levels that go up, and the next it would be the -- 20 the use of the Tasers, level 4 of that. 21 based on the response of the -- of the person that you're 22 dealing with. 23 under arrest with no incident and off you go, but it depends 24 on how much their level of resistance takes place. 25 Q I The officers also do that; it's their But again, it's Of course you'd like to just place the person Is -- is there any policy regarding an officer Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 82 of 137 PageID 4164 81 1 pursuing an individual into dark bedrooms? 2 A Do we have a policy -- 3 Q To effectuate a misdemeanor arrest? 4 A Do we have a policy on officers entering dark 5 6 7 bedrooms to effectuate a misdemeanor arrest? Q No. Is there any policy that if it's dark, the officer is required to turn the light on? 8 A No. 9 Q In terms of charges, everybody in this case was 10 charged with resisting arrest with violence, resisting arrest 11 without violence. 12 received about when an offense changes from resisting without 13 violence to resisting with violence, back in 2012 or before? 14 A Is there any training that the officers It would just be following the state statute. I -- 15 I can't -- I can't say whether they had specific training on 16 it, but they would -- they would just follow the state 17 statute on -- on what the elements of that crime would be. 18 19 Q And what -- when does an offense change from resisting without violence to resisting with violence? 20 MR. FOX: Object to the form. 21 A I would have to -- 22 Q Per policy. 23 A For policy? 24 Q Per policy. 25 You know, if they're not -- if someone is pulling away from you, are these officers trained that -- Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 83 of 137 PageID 4165 82 1 back then, that this was a resisting without violence or is 2 this resisting with violence? 3 A 4 the statute. 5 going to arrest somebody based on the elements of the crime. 6 Q It would -- they would just follow the elements of There's not a policy, it's just like you're Did these officers have specific training, as a 30 7 [b][6], was there specific training on the elements of each 8 one of these crimes and when the lesser crime became the more 9 serious crime? 10 A I would have to go back and -- I mean, they 11 received that training, again, in the police academy; whether 12 we addressed it, I can't say specifically that they had that 13 training. 14 handbook, which goes into great detail on the guidelines for 15 how you make arrests and includes all the state statutes. 16 But as far as individual City of Naples training for that 17 specific, I -- I'd have to go back and check to see whether 18 we did the training, whether they were present for the 19 training. 20 21 22 Q They all are issued the Miami-Dade Law Enforcement In terms of use of force reports, when are they required to be generated by an officer, by policy of Naples? A When an officer uses force. Like, if you touch 23 somebody and guide them, no. But if you take them to the 24 ground and use some substantial force, that's when you would 25 initiate a use of force report. Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 84 of 137 PageID 4166 83 1 2 Q So if someone is Tased, should there be a use of force report? 3 A Yes. 4 Q How about if someone is injured while an officer -- 5 and bleeding while an officer is actually effectuating an 6 arrest? 7 A If the cause of the bleeding was the officer using 8 force, yes. 9 Q Well, let's say that an officer is arresting 10 someone, and during the arrest the individual is cut in the 11 head. 12 use of force report should be drafted? 13 Is that enough on its own to -- for there to be -- a A If the person was resisting arrest and hit their 14 head on their own, you might document it in the report but 15 that's not the officer's use of force. 16 away from the officer, if they were drunk and fell down and 17 hit their head, they're not going to do that. 18 was to punch them in the head and cause the laceration with 19 use of force, a use of force report would be made. 20 21 Q If they are running If the officer How about if the injury occurred during a struggle with the officer? 22 A I would -- I would -- yes, I think it would be 23 indicated. 24 using some type of force in that case to place your hands on 25 the person and handcuff them, but -- and they're resisting, I mean, it's not necessarily -- I'm mean, you're Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 85 of 137 PageID 4167 84 1 if they hit their head, you should indicate that. 2 Q What is the policy of Naples if someone receives 3 a head injury during an arrest, they're obviously bleeding, 4 is the policy that a use of force report should be -- 5 A If -- 6 Q -- filed? 7 A If the injury to the head was from use of force, 8 yes. 9 disorderly intox, the person falls over and hits their head, 10 you're not going a do a use of force report for that. 11 12 But, like I say, if you're effecting an arrest for Q Okay. And you've reviewed this report. there's -- do you have that? I believe Yeah, you've got it. 13 A That's it. 14 Q Now, in this particular case, are you aware that 15 Miss Mozolicova sustained a head injury? 16 A Yes. 17 Q All right. And should there have been a use of 18 force statement -- use of force report filed regarding how 19 she sustained those injuries in her bedroom, in her child's 20 bedroom? 21 22 23 24 25 A If the injury was caused by the officer's force, Q Who makes that determination about whether or not yes. to pursue a use of force report? A The initial officer that used the force would make Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 86 of 137 PageID 4168 85 1 that determination, or if the sergeant was on the scene or 2 aware of the situation, then they would make that 3 determination. 4 5 6 Q And what is the policy of Naples to ensure that a use of force statement is filed when force is used? A What is the policy to make sure that a use of force 7 report -- it's just that's the policy. 8 you're supposed to complete the use of force report or have 9 your sergeant complete the use of force report. 10 11 Q If you use force, But what are the checks and balances used to make sure that this use of force report is filed? 12 A What do you mean by checks and balances? 13 Q Well, I mean in this case there was no use of force 14 report regarding the injuries to Mozolicova, right? 15 A Correct. 16 Q And why wasn't that done? 17 A You'd have to ask the arresting officers. I don't 18 know that they determined the injury was caused by the force 19 from the officer or if it was -- I don't know. 20 there. 21 Q I wasn't But are there any mechanisms to ensure that if the 22 force was caused during the arrest, during the struggle with 23 the officer, to make sure that the officer actually files a 24 use of force report? 25 A As I stated earlier, there's -- yeah, there's the Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 87 of 137 PageID 4169 86 1 use of force report that if the officer or the sergeant feels 2 that the force was used, they would complete a report. 3 4 5 Q And what is the significance of a use of force report being initiated? A Use of force report would be initiated just to -- 6 to document the actual incident and to provide supervisors 7 the opportunity to go back and determine that the use of 8 force was appropriate. 9 that would be put into our IA Pro just to keep track of the 10 number of use of force reports; the different type of force 11 used, for statistical purposes, or for an individual officer 12 to flag if there's a level of a lot of use of force reports 13 by an individual officer; whether we need, as a department, 14 to go back and determine is there an issue with that officer 15 or not. 16 17 18 19 20 21 22 Q And also, like I said earlier, that Just good checks and balances. Okay. Are witnesses interviewed as part of the use of force investigation? A The sergeant might at the scene do it, but as a follow up, no, unless it turns into an internal affairs case. Q How would it or could it by policy turn into an internal affairs case? A The normal way is that the individual that was 23 arrested or the use of force was used on would come to the 24 police department or contact the police department and make 25 some notification that they want to file an internal affairs Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 88 of 137 PageID 4170 87 1 case because they felt like the use of force was 2 inappropriate. 3 like there was something that took place that was 4 inappropriate. 5 could report it, that I saw an officer do this. 6 number of different ways it could be initiated, but the 7 normal way is the actual individual use of force report would 8 make that notification. 9 Q A supervisor could initiate it if they felt A witness that might have seen something There's a Is there any policy that when investigating a use 10 of force report that you want to get both sides of the story, 11 not just the officer's version of events? 12 A Again, that would be the -- if the sergeant was 13 there at the scene, he would do that at the scene, talk to 14 people and get the understanding of what takes place. 15 there's going to be a use of force report you're going to -- 16 there's going to be an arrest and if there's going to be an 17 arrest the witness information is going to be indicated most 18 likely in your offense incident report of what their 19 testimony might be, or on the booking sheet. 20 Q But I mean, is there a policy? And if I know that the 21 sergeant can do this, but is there a policy for ensuring that 22 when a use of force report is filed, that both sides of the 23 story are obtained to make a balanced decision? 24 25 MR. FOX: A Object to the form. Not -- not in the use of force policy, no. Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 89 of 137 PageID 4171 88 1 Q Okay. Now, when a use of force report is filed, 2 are the entire -- by policy are the entire set of 3 circumstances of how the force was used examined by policy or 4 is it only the use of force? 5 A The offense incident report and supporting 6 documentation, like the booking sheet, would be attached with 7 the use of force report and sent up through the chain of 8 command for review. 9 Q Would they review -- would the chain of command 10 review by policy whether or not the initial arrest was lawful 11 or not as part of the use of force? 12 A Again, our main -- their main focus is going to be 13 when you -- when you get the use of force report is -- the 14 main focus is going to be the use of force policy and whether 15 that force was the main -- whether that force was 16 appropriate. 17 That's the main focus. 18 19 20 21 22 Q That's what they're going to be looking at. Is there a written use of force policy that specifies when a use of force report is required to be filed? A There is a use of force. In 2012, there was a use of force policy, yes. Q Right. And did that policy, that written policy, 23 address when an individual is injured during an arrest when a 24 use of force report needed to be filed? 25 A It would only indicate that use of force report Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 90 of 137 PageID 4172 89 1 2 would have to be completed if the officers used force. Q All right. So whether or not someone is -- so if 3 the officers said, I'm talking about policy, "We didn't use 4 force," but the individual sustained a broken arm, they 5 wouldn't -- the policy wouldn't require an investigation of 6 the use of force? 7 8 9 A No. If no force was used, we wouldn't do a use of force report. Q Okay. Per policy, if the officer in his report or 10 in his documentation indicated that during the struggle to 11 arrest an individual they sustained an injury, would that by 12 policy set off the requirement for a use of force report? 13 A If in the narrative the officer indicated he used 14 -- was using force, he would be doing a use of force. 15 would be a use of force report if he says he's using force to 16 effect that arrest, yes. 17 Q It When an officer uses words like "struggle" or 18 "fighting with," an individual, would that initiate an 19 examination of the use of force by an officer by policy? 20 A If he used force, yes. 21 Q Well what -- I mean, what is force? 22 "fighting"? 23 that a buzz word for force was used? 24 A 25 this case. If the word's "We're fighting with each other," I mean, is It's a buzz word but, I mean, if we're referring to I mean if we're -- I mean, there's -- in this Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 91 of 137 PageID 4173 90 1 specific case, is that what we're referring to? 2 3 Q We're talking about the facts in the incident report. 4 A Okay. 5 Q Pertaining to the facts in here, was this reviewed 6 to determine whether or not the officer used force and 7 whether or not there should be a use of force report? 8 MR. FOX: 9 A Object to the form. There was a use of force report done and there was 10 the incident report that was done. 11 force report means -- deals mainly with the Taser in this 12 case. 13 14 Q I understand the use of Well, the use of force report was for the use of force by O'Reilly, right? 15 A Correct. 16 Q Had nothing to do with Bradshaw? 17 A Correct. 18 Q And Bradshaw's the one that wrote this entire 19 incident report. And in here it says Mozolicova fought with 20 Officer Bradshaw and ran towards the front bedroom, so 21 there's an allegation that she fought. 22 indicates Mozolicova was on the middle bottom of the bed and 23 turned to and jumped towards the top of the bed. 24 let me start before. 25 take Mozolicova into custody, at which point she was kicking And right here it Actually, It says, Officer Bradshaw attempted to Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 92 of 137 PageID 4174 91 1 and hitting Officer Bradshaw, physically resisting his 2 efforts -- his efforts to take Mozolicova into custody. 3 Mozolicova was on the middle bottom of the bed and turned to 4 and jumped towards the top of the bed. 5 Mozolicova put her hands under her stomach and subsequently 6 hit her facial area on a window ledge at the top of the bed. 7 Mozolicova then turned and started to fight with Officer 8 Bradshaw again, pulling her hands away and flailing to 9 prevent from being taken into custody. At the same time 10 Those facts, would that initiate where she 11 sustained -- hit her face on the ledge during a struggle with 12 Officer Bradshaw, should that have initiated a use of force 13 report? 14 MR. HURCOMB: 15 MR. FOX: 16 A Form. Join. If the officer used force to effect the arrest, 17 there should be -- it should be indicated in the use of force 18 report. 19 20 21 22 23 Q Well, did Officer Bradshaw use force in this arrest of Mozolicova, according to this arrest report? A That's a question for Officer Bradshaw. wasn't there. Q I mean, I I mean, I could speculate on it. During his deposition Lieutenant O'Reilly testified 24 that an ambulance was actually called for Stepanovich. When 25 is -- when someone is Tased, are they required to receive Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 93 of 137 PageID 4175 92 1 medical attention? 2 A Tased by an officer, by policy. I believe so. I would have to double check, but I 3 know they're required to respond if somebody is Tased and the 4 project -- the prongs go into a sensitive area, into your eye 5 or something like that. 6 they're not in that situation, officers are allowed to remove 7 the probes. 8 fire department to come out and remove, just for a 9 precautionary reason. 10 11 Q Normally officers are allowed -- if If it's in a sensitive area you would call the What about when -- when an individual has a noticeable head injury? 12 A Yes. 13 Q Are they required to receive medical treatment by 14 policy? 15 A By practice. By policy, we don't have a specific 16 policy that says you will call Fire Rescue for -- for 17 something like that, but it's done. 18 would call Fire Rescue to handle that. 19 Q I mean, routinely we When -- what is that the policy of Naples regarding 20 when an individual should receive medical treatment during or 21 after an arrest, in 2012? 22 MR. FOX: 23 A Object to the form. I'm not sure that we have a specific policy for 24 that. I mean, it's just an accepted practice that if 25 somebody's -- has an injury, or is complaining of an injury, Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 94 of 137 PageID 4176 93 1 or chest pains, or whatever, we call, routinely call, Fire 2 Rescue. 3 4 Q Who makes the determination of whether to call Fire Rescue by policy? 5 A The -- the officers that are on the call. 6 Q The arresting officer? 7 A The officers that are on the call. 8 Q Okay. 9 And is there any -- is there any written document or policy that they have to refer to about when they 10 should call, back in 2012, an ambulance for a specific 11 individual? 12 A Not that I can recall. 13 Q Is there a policy that tells them when they 14 shouldn't call for medical treatment for an individual? 15 16 17 A I don't know why we would have a policy like that. Q All right. No. So if -- if someone's injured during an 18 arrest and they have a head injury, a facial injury, or have 19 been Tased, what is the policy to ensure that this individual 20 receives the medical treatment that they need, back in 2012? 21 22 MR. FOX: A Objection. Again, I'm not 100 percent sure that it's in the 23 policy. It's possible that it's mentioned with an arrest 24 that if someone is injured, but I'm -- I can't -- I know we 25 address it by practice, but I can't say 100 percent whether Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 95 of 137 PageID 4177 94 1 it's in the policy. 2 Q And what is the practice? 3 A That if somebody has an obvious injury or is 4 complaining of an injury, chest pains or anything like that, 5 that we're going to call Fire Rescue to -- which we routinely 6 do, to take care of the injury, or to clear them if it's 7 chest pains or something like that, to proceed. 8 9 10 Q I'm going to talk about the NCIC check. What is the policy regarding when an NCIC check is performed? A Again, I don't know that it's indicated in specific 11 policy, but when we stop an individual, the practice of the 12 officer is that they routinely check a subject or a suspect 13 to see if they're wanted in NCIC or FCIC, through our 14 communications section. 15 Q Right. And in this particular case do you know if 16 all -- if an NCIC report was done for all the persons 17 arrested? 18 A I don't know that. 19 Q Are you aware whether or not the Naples Police 20 Department officers were aware that Mr. Stepanovich had a -- 21 had a flag or some issue with Interpol prior to this 22 incident? 23 A I wouldn't know that. 24 Q Do you have any information one way or another 25 whether they were aware that there was an Interpol issue? Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 96 of 137 PageID 4178 95 1 A No. 2 Q Do you have any idea what the dispatcher was 3 talking about when he spoke to Bradshaw in what we heard 4 earlier on dispatch when he mentioned a number 21? 5 A I would only be speculating. 6 Q How does the NCIC check work? 7 8 9 computer system? A section. Is there a separate Is it done over the Internet? It's a separate system up in our communications It's very, very regulated on who can run those 10 checks, how those checks are documented, how the information 11 is kept. 12 individual from FDLE that comes down and does audits on us to 13 make sure that we're following those policies. It's -- it's very well regulated. We have an 14 Q FDLA, what is -- 15 A Florida Department of Law Enforcement; I'm sorry. 16 Q Okay. 17 18 19 20 Who within the Naples department is allowed to run these NCIC checks? A Officers and telecommunicators that have gone through the proper state certification are allowed to do it. Q All right. How would we know exactly what 21 transpired between NCIC and the Naples Police Department 22 regarding Mr. Stepanovich? 23 A What do you mean by what transpired? 24 Q Exactly what information was sent over or requested 25 and what information was sent back. Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 97 of 137 PageID 4179 96 1 A That information would be they would enter that 2 into the -- the telecommunicators would mostly, like in this 3 situation it would be one of the officers having somebody in 4 communications run the -- enter the information on these 5 suspects with their date of birth into the system and the 6 system would indicate whether they were or were not wanted 7 and provide a printout. 8 9 10 11 12 13 Q All right. How about if there was any history between the police department and NCIC regarding this individual to know whether you had dealt with him before? A Not in the -- it would show the criminal history of that individual, but not history within a police department. Q So is there any way that you would know whether or 14 not Mr. Stepanovich had been pulled over by a Naples police 15 officer and this issue had come up? 16 A It could come up in our CAD system to where it 17 would -- could come up with prior instances. 18 don't know, actually, if it does it by individual; I know it 19 does it by address. 20 officers responded to a specific location in the past, 21 there's been violence or guns or something like that, just as 22 a good mechanism for officer safety. 23 I don't know. 24 25 Q It doesn't -- I There can be notes in there, like if As far as individuals, I want to ask you, has there ever been an instance since -- in the tenure -- in your tenure that an officer has Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 98 of 137 PageID 4180 97 1 been disciplined for overcharging individuals? 2 A No. 3 Q What is the policy for addressing the issue of 4 overcharging -- when I mean overcharging, charging felonies 5 when it's really misdemeanors -- if that comes to the 6 attention of the department? 7 A There is not a policy. 8 Q Is there a policy for reviewing to make sure that 9 10 there's no overcharging going on, a/k/a charging felonies for a misdemeanor? 11 MR. FOX: 12 A Object to the form. The policy would be just the sergeant's review of 13 arrests, but there's -- it's the actual term overcharging or 14 -- 15 is not indicated in any policy. Q Is there any review or follow-up regarding the 16 disposition of charges by the state's attorney to determine 17 whether there's a problem with charges not remaining valid? 18 MR. FOX: Object to the form. 19 A Follow-up by who? 20 Q What I'm saying is that if somebody gets charged 21 with serious felonies and then it goes to the state's 22 attorney and they just immediately drop all those charges. 23 mean, is there any communication where the police department 24 could be alerted there's an issue with charges not being 25 substantiated? I Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 99 of 137 PageID 4181 98 1 2 MR. FOX: A No. Object to the form. I have a good rapport with the state attorney, 3 Steve Russell, and the state attorney's office that if there 4 was a serious issue, that we could communicate, but there's 5 not, like, a policy on that. 6 7 Q There's not a policy, practice, procedure, it's more based on your personal relationship? 8 A Yes. Professional relationship. 9 Q Professional relationship. All right. I think we 10 talked about this. Now, for press releases, I believe you 11 indicated there was a written policy. 12 provisions within that policy informing the officer that they 13 should only give limited information? Are there any 14 A No. 15 Q Is it fair to say that Lieutenant Barkley, on these 16 incidents such as the one at Bayfront that night, was the 17 final policymaker regarding the content of what was included 18 in the press release? 19 MR. FOX: Object to the form. 20 A With that specific press release, yes. 21 Q And what is the policy or practice of the police 22 department regarding the public information officer, Barkley 23 in this case, discussing the contents of these press releases 24 with the press? 25 A The practice would be we put out the press release. Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 100 of 137 PageID 4182 99 1 If a member of the media was to make an inquiry we would 2 just, within the confines of the law, give them -- answer 3 their questions of what -- whatever they were asking, as long 4 as it wasn't confidential information, and we would follow 5 the state public records law. 6 Q All right. So there was no policy of the police 7 department to not talk with the press about ongoing criminal 8 cases? 9 A I'm not sure that that is addressed in the policy, 10 but it is a practice if there is an active investigation by 11 the Naples Police Department, or if it's an active internal 12 affairs investigation, you can only give out limited 13 information. 14 Q How about if it's just active criminal, no 15 investigation but the criminal case is going on, what is the 16 policy regarding information you give to the press about 17 ongoing criminal cases? 18 A If it's an ongoing criminal investigation that's 19 being conducted by Naples detectives where they're still 20 pursuing a case, then you would speak to, again, Lieutenant 21 Fletcher or that detective and say is this something that's 22 going to injure your case. 23 pending charges with the state attorney's office, no. 24 you're doing is you're reporting on what is indicated in the 25 report of what took place, that officers responded and what If it's just something that's All Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 101 of 137 PageID 4183 100 1 2 the officers did and what the subjects did at the scene. Q Is it fair to say that the policy is that the 3 officer's free to talk about the contents of the police 4 report with the press? 5 6 A In this instance, for this specific instance, incident? 7 Q Well, the policy, incidents like this in general, 8 A The public information officer is free to talk 9 about incidents as long as it's not something that, like I 10 mentioned earlier, if it's a sensitive case; if it's an 11 ongoing internal affairs investigation; if it's an ongoing 12 criminal investigation within the police department that our 13 investigators are still working on. 14 about limited things there, but they're not going to get into 15 the specifics. 16 17 18 Q They are allowed to talk What are the policies, practices or procedures for ensuring that false information is not provided to the press? A I don't know policy. I mean, basically it's just 19 -- the practice is that you're just repeating what's in these 20 reports of what took place at the scene. 21 Q Okay. So you're depending on whoever drafted and 22 approved that report. 23 to ensure the accurateness and truthfulness of that 24 information so that it could be pushed out to the press? 25 A You're relying upon those individuals The public information officer, yes, is basically Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 102 of 137 PageID 4184 101 1 just verifying that the same information that whatever the 2 incident is that took place, verifying that it took place and 3 what the elements and whatever that incident was. 4 Q Well, he's not necessarily verifying, is he? He's 5 more so acting as a conduit for that information and 6 providing it to the press; wouldn't that be a more accurate 7 description of his role? 8 A 9 place. 10 Q Yeah, he -- basically he's just repeating what took I mean, he's not doing an independent fact check or 11 he's not vetting the information to make sure it's truthful, 12 is he? 13 A Correct. 14 Q All right. He's -- he's depending and relying upon 15 the individual officer who wrote the report and any approval, 16 if any, of the supervisor, right? 17 A Correct. 18 Q All right. What is the policy of the police 19 department, or practice, or procedure, for correcting false 20 information that you later learn was disseminated to the 21 public? 22 A There is no practice -- no policy or practice. 23 Q So if false information is pushed to the public 24 through a press release, and the police department later 25 learns that it's false, how is the record corrected? Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 103 of 137 PageID 4185 102 1 A It's not. 2 Q It's not. 3 So that false information just remains out there forever? 4 A Again, if you're referring to this case, I don't 5 know. At the time it wasn't false information. What they 6 had was what they had, is what the Interpol -- if that's what 7 you're referring to, that that's what the Interpol teletype 8 information was revealing; they were just repeating that out 9 there. It wasn't like they were disseminating, knowingly 10 saying I'm going it to disseminate false information to the 11 media. 12 Q Right. But we looked at the handwritten comment on 13 the, whatever it was, report, that indicated that you're 14 supposed to wait 10 days, right? 15 16 MR. FOX: Q Object to the form. I mean, let's read it. I'll read it out loud. It 17 says, "Hit confirmation documents, do not authorize subject's 18 arrest in the US until the warrant is confirmed, may take up 19 to 10 days." 20 right? 21 A 22 So there had been a correction in this report, Right? There had been additional information put in there; I don't know when that was added. 23 Q 24 added. 25 A All right. So we don't even know when it was We do know it was added, right? Correct. Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 104 of 137 PageID 4186 103 1 2 Q And -- but basically that says, hey, we need to wait 10 days to make sure this is accurate? 3 MR. FOX: Object to the form. 4 A 5 of it. 6 Q Confirmed. 7 A The warrant is confirmed. 8 Q Didn't say accurate. 9 10 I don't think that's what it says. Read the rest It says 10 days until the warrant is -- It says we need to confirm this thing to know whether it's -A What Lieutenant Barkley was reporting is what the 11 information received at the time is that there was an 12 Interpol message. 13 14 15 16 17 Q All right. Now, I'd like you to read the heading of this press release, if you could do so, for the record. A "Noise complaint leads to arrest of foreign murder suspect." Q Okay. So the heading says -- I'll read it. The 18 heading of the press release says, "Noise complaint leads to 19 arrest of foreign murder suspect," right? 20 bigger than all the other text, right? That's in bold, 21 A Yes. 22 Q And that's not contained anywhere in the arrest 23 report, right? 24 the arrest report? 25 A That information is not contained anywhere in The way I read that is he was arrested for the Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 105 of 137 PageID 4187 104 1 noise complaint and he -- he was a suspect for an additional 2 -- additional Interpol charge. 3 4 Q All right. And this was the day after the arrest, the press release, right? 5 A I guess. 6 Q And the officers had been directed to confirm that 7 this was actually accurate, right? 8 9 MR. FOX: A Object to the form. I can't state that. I see the notation by Seth 10 Finman. 11 date of that, when that was put on there, who that was 12 disseminated to. 13 Barkley if he had that information prior to giving out his 14 press release. 15 Q But, again, like I said earlier, I don't know the I don't know. All right. You'd have to ask Lieutenant Well, I mean, just the heading, I mean, 16 is there any duty to correct a heading like this once you 17 learn that it's not accurate? 18 MR. FOX: 19 Q 20 Object to the form. By policy of the Naples Police Department? MR. FOX: Object to the form. 21 A No, there is not. 22 Q So even after learning that this is false, there's 23 no policy for correcting a false heading that leads -- 24 provides nonconfirmed information? 25 A There is no policy. Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 106 of 137 PageID 4188 105 1 Q Okay. What -- what policies, procedures or 2 practices are there in place, or were in place in 2012, to 3 ensure that officers are held accountable when they violate 4 an individual's civil rights? 5 A As stated before, we have a discipline policy, and 6 we have our internal affairs policy, and then there would be 7 state statute, federal law. 8 9 Q Okay. But are there any specific policies that say, hey, we realized these officers violated these 10 individuals' Fourth Amendment rights? 11 accountable to make sure that never happens again? 12 13 MR. FOX: A How are they held Object to the form. If that took place? They could be -- it depends on 14 the severity, again, if it's something that could be dealt -- 15 dealt with training. 16 Department is they do not violate people's rights; it would 17 be highly unlikely in the Naples Police Department; that's 18 not what we do. 19 Police Department, we have a very good record as being a 20 strong professional organization. 21 different, like I say, and we would have to look at the -- if 22 it's something that can be done, if it's through remedial 23 training, but if it's an -- if it was an intentional act -- 24 it would depend on the situation. 25 Q The culture of the Naples Police If you look at the record of the Naples All right. Each situation is But right now the police chief knows Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 107 of 137 PageID 4189 106 1 that there's a judicial determination that these officers 2 were unlawfully in the Stepanovich home. 3 MR. FOX: Object to the form. 4 Q Right? 5 A We know that, yeah, the state attorney's office 6 made a determination that they weren't going to proceed with 7 the charges, yes. 8 9 Q Well, we know that a judge -- I believe I showed you that, that a judge actually made a determination that 10 dismissed the case, finding these officers were unlawfully in 11 the Stepanovich home? 12 MR. FOX: Object to the form. 13 Q You know that today, right? 14 A Yes. 15 Q Has there been any investigation to this point? 16 17 After learning this, has there been any investigation? A I wish the -- the subjects, or somebody, right 18 after the incident would have brought this to our attention; 19 it would have been a much easier way to proceed with it, 20 providing I could have had access to, like I say, all the -- 21 the different tapes of the different stuff that took place; I 22 could have had access to different people's cell phones, the 23 video of what took place. 24 been an easier way to conduct an investigation right after 25 the incident instead of hearing about it three years later to A lot of things that would have Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 108 of 137 PageID 4190 107 1 2 3 proceed. Q Well, I understand that, but there's no statute of limitation on initiating an investigation, is there? 4 A No. 5 Q So have you initiated an investigation after 6 learning about the unlawfulness of the officers in their 7 apartment? 8 A 9 10 11 12 13 14 15 As I indicated, I just learned about this as -- with the initiation of this lawsuit. Q Are you planning on conducting an internal investigation of this incident? A It will be discussed; I'll have to make that determination. Q Now, Officer Bradshaw doesn't work for Naples anymore? 16 A Correct. 17 Q What were the circumstances of Officer Bradshaw 18 19 leaving Naples? A I spoke with him to wish him the best and he had 20 told me that, I guess, there was a family insurance business 21 that he was going to go get involved with. 22 opportunity to, I believe it was, open up a franchise or 23 whatever in another state and proceed, pursue that. 24 25 Q Okay. He had a good Did his leaving the City of Naples Police Department have anything to do with this incident, or his Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 109 of 137 PageID 4191 108 1 actions or involvement in this incident, to the best of your 2 knowledge? 3 A No. 4 Q All right. Does his personnel file have any 5 notation regarding any training that he received or any 6 discipline for his actions involving this incident? 7 A I looked at -- I had them pull, again, the IA Pro 8 software, and he had no discipline mentioned in his -- in his 9 internal affairs file. 10 Q All right. And was there any training regarding -- 11 any subsequent training that he received for anything that 12 happened in the Bayfront condominium that night? 13 A You mean as result of this? 14 Q As a result of this. 15 A No. 16 Q And he was awarded -- he was actually awarded a 17 Medal of Commendation for his actions that night in the 18 Stepanovich home, wasn't he? 19 A Yes. 20 Q Why was he -- what specifically did he do to 21 22 receive the Medal of Commendation? A I didn't write or approve that commendation, but 23 from what I read in review of it, is after Mr. Stepanovich 24 attacked him and kicked him in the head, that he came to the 25 aid of that officer who was bleeding and helped make sure Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 110 of 137 PageID 4192 109 1 that he didn't receive additional injuries from 2 Mr. Stepanovich and was able to help protect Officer 3 O'Reilly. 4 5 Q Okay. So Officer O'Reilly was allegedly kicked in the head, right? 6 A He was kicked in the head. 7 Q Well, you understand there's a dispute of fact 8 9 10 11 12 regarding that? A He had an injury to the face and his testimony and others' was that he was kicked in the head. Q I just want to make sure you're aware there's a dispute of fact; it's not a conceded fact. 13 A Okay. 14 Q I'm not trying to be argumentative; I just want to 15 make sure the record's accurate. What -- what did Bradshaw 16 do -- how big of a deal is a Medal of Commendation? 17 a special honor or is that just something that's routinely 18 given out? 19 A Is that It's not routinely given out, but in a situation 20 like this where an officer receives a substantial injury, 21 could have been a life-threatening injury, and he was there 22 to help him not receive additional injury, that that's what 23 he was commended for. 24 Q But, I mean, what did Bradshaw actually do? 25 A I don't know. Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 111 of 137 PageID 4193 110 1 Q You're not sure? 2 A I wasn't there. And just what it states there, 3 that he -- I'd have to review it, but it says that 4 Stepanovich was -- he didn't flee, he took appropriate action 5 to make sure that Officer O'Reilly wasn't kicked again or 6 received additional serious injury. 7 Q I'm going to represent to you that Officer O'Reilly 8 testified that Officer Bradshaw received this award for 9 exercising restraint, and not, I believe, shooting 10 Stepanovich. 11 A Okay. 12 Q Is that accurate with what you recall why he 13 14 received this Medal of Commendation? A Officer O'Reilly was there; I can't speak to his 15 testimony, but if that's his interpretation. 16 it to where, just by what I read, that he did say he drew his 17 gun, did say he didn't flee. 18 interpretation was that he made sure that Mr. Stepanovich 19 didn't hurt him any more than what he already did. 20 21 22 23 Q All right. I interpreted And I thought -- my -- my Now, are you allowed to retract these Medal of Commendations? A We never have. Like you indicated, Mr. Bradshaw is not with us anymore. 24 Q 25 right? Okay. But this is still in his personnel file, Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 112 of 137 PageID 4194 111 1 A I would assume, yes. When somebody leaves, we send 2 the personnel file to HR, Human Resources, and they retain 3 it. 4 Q All right. Now, if an officer had actually 5 initiated the whole series of events that led to the 6 opportunity to receive this, by unlawfully entering an 7 apartment, would that affect the decision regarding awarding 8 a Medal of Commendation? 9 MR. FOX: Form. 10 A It would, yes. 11 Q How would that affect? 12 A I mean, if... 13 Q I can ask it another way. If you -- if the 14 committee, or whoever awarded this award -- and we're talking 15 about policies -- had known that Officer Bradshaw had 16 illegally entered the home to effectuate the initial arrest, 17 would he have been given this award? 18 MR. HURCOMB: 19 MR. FOX: 20 A Form. Objection. If they had known, and if that's the facts, then 21 that's what -- I can't speak on behalf of the committee, but 22 I would assume that they would take different action, yes. 23 24 25 Q Different action, meaning that if he was unlawfully in the apartment he wouldn't be given an award for it? MR. FOX: Objection. Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 113 of 137 PageID 4195 112 1 A If they did not -- if they knew that information at 2 the time of review at the awards committee meeting, I would 3 assume that that they would take that into consideration. 4 Q And what is the policy or practice? What is 5 required of individuals' information that needs to be 6 disclosed when determining whether to -- I don't like that 7 question. 8 9 But basically, if the officer MR. FOX: Q -- At least we agree on something. If the officers had information, you know, the 10 officers that were recommending Bradshaw for this, had 11 information that he was unlawfully in the apartment, what's 12 their duty to disclose that information to the committee 13 granting the award? 14 15 MR. FOX: Q 16 Objection. By policy, practice or procedure. MR. FOX: Objection. 17 A What's whose obligation? 18 Q You know, anybody involved in giving someone a 19 medal, don't they have to fully disclose all circumstances 20 and facts that materially affect whether an officer's actions 21 were positive or negative? 22 A If they knew that at the time. I think that 23 committee, if I'm not mistaken, met, like, right afterwards. 24 What they're given is the writeup by whoever -- I believe it 25 was Officer Gallagher at that point, where he wrote it up and Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 114 of 137 PageID 4196 113 1 any supporting documentation, could be the offense incident 2 report. 3 a group make their determination from that. 4 they're not going to give an award to somebody that if they 5 have information leading otherwise, it would not -- where 6 they didn't do something to where they earned that award if 7 they knew that information at the time; that's why we have 8 the committee. 9 somebody will write them up, they'll say, well, they're not The committee members would review that and then as But if they -- And there are officers that don't receive -- 10 going to receive that, maybe we'll give them a letter of 11 commendation, but it doesn't -- it's not up to the specific 12 level to receive the award. 13 Q Are there any plans to go ahead and -- and retract 14 the Medal of Commendation based on the newly-obtained 15 information? 16 A 17 18 19 Like I said, Mr. Bradshaw is gone. I don't -- I would not retract it. Q So the plans are that the Medal of Commendation is going to remain in Officer Bradshaw's personnel file? 20 A Yes. 21 Q Do you know who was actually involved in 22 determining that Officer Bradshaw deserved a Medal of 23 Commendation? 24 25 A I don't know the specific members that were there that day, but what we try to do is do a good cross section Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 115 of 137 PageID 4197 114 1 through the department, both with sworn and civilian 2 individuals with different levels, with sergeants and 3 officers and different civilian positions so the 4 determination is made with a pretty good -- like I say, good 5 cross section so they have a representation of different 6 members of the department. 7 report; that would indicate who signed off on it. 8 Q 9 if that -- 10 11 Before we ask another question, do you want to take another break? MR. NORMAN: Are you almost done? I'm almost done. If we can power through for 15 minutes tops, I think I'm done. 14 15 I'll let you take a look at it actually, see MR. FOX: 12 13 Okay. But, again, you would have the MR. FOX: A Thanks. It's -- initials, the only one I could tell is a 16 civilian who's one of our -- actually, I can't say. 17 a police lieutenant, a police sergeant, and a couple of -- a 18 police officer, it gives his ID number, and a civilian, but I 19 can't say who they are specifically; it's like initials. 20 21 MR. NORMAN: There's Jim, let's take a short break. Literally, I'm just about done. 22 MR. FOX: Okay. 23 MR. NORMAN: 24 [Whereupon, a recess was taken.] 25 MR. NORMAN: We're going off the record. We're back on the record. The time is Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 116 of 137 PageID 4198 115 1 1:13. 2 BY MR. NORMAN: 3 Q 4 collecting. 5 Department regarding what evidence should be collected at the 6 scene? 7 A At this scene? 8 Q At a scene like this, what is the policy regarding 9 10 11 12 13 14 I want to talk about crime scene evidence What is the policy of the Naples Police what evidence are we going to collect and document? A We're talking about for the noise complaint, this incident? Q Well, no, not just the noise complaint, the whole incident to support all the charges. A Well, it would be practice that they -- that the 15 officers that are on the scene would collect whatever the 16 supporting documentation for the elements of the crime. 17 don't know what would be -- with a noise complaint, what you 18 would -- how you would -- what there would be to capture from 19 a -- a crime scene standpoint. 20 21 Q Well, I mean, there were other charges. I There was an assault on a police officer charge -- 22 A Uh-huh. 23 Q -- right? And I believe you said because -- 24 there's no qualification because Mr. Stepanovich kicked 25 Officer O'Reilly, so he was charged with assault on a police Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 117 of 137 PageID 4199 116 1 officer, right? 2 A Right. 3 Q There was resisting arrest with violence, right? 4 A Yes. 5 Q And a lot of this took place inside the apartment. 6 So what should -- let's focus on pictures. 7 should have been taken in support of these charges? 8 9 A What pictures I wasn't there to view the crime scene or the apartment, but I know pictures were taken of the injuries to 10 Officer O'Reilly where Mr. Stepanovich kicked him in the 11 head; I know they took pictures of his injuries. 12 know what else there was or what else they could capture from 13 that scene. 14 I know -- I'm sorry. I don't I know they took pictures of 15 Mr. Stepanovich after -- where he got Tasered. 16 kicked Officer O'Reilly in the head, they took his picture. 17 Q After he I'm going to represent to you that this was a 18 picture -- I'll show everybody; I did not print it out. 19 a picture taken by the Naples Police Department of 20 Mr. Stepanovich; I believe this is at the scene of the crime. 21 All right? 22 A Right. 23 Q And it looks like he -- he's got something going on 24 25 with his head, doesn't it? A Yes. It's Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 118 of 137 PageID 4200 117 1 Q Is that the kind of injury where someone should 2 receive medical care by the policy, practice or procedure of 3 Naples Police Department, if they look like that at the scene 4 of a crime? 5 6 7 MR. FOX: A Object to the form. I don't know. I mean, I'm looking at a picture. don't know the -- the level of the injury. 8 Q 9 Tased. 10 A Yes. 11 Q That's undisputed. 12 I Well, I'm going to represent to you that he was And he had those injuries. So that picture was taken at the scene of the incident. 13 A Yes. 14 Q Is that something, those combined kind of injuries, 15 that an individual would be entitled to receive medical care 16 or should receive medical care according to the policy of 17 Naples Police Department? 18 A It would depend on the level of the injury, again, 19 or the officers at the scene to make that determination of 20 whether he needed that treatment. 21 outcome of what the -- how severe his injury was. 22 Q Okay. I don't know the final But -- but an injury like that, that's the 23 kind of injury that would initiate a use of force report, 24 wouldn't it? 25 MR. FOX: Object to the form. Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 119 of 137 PageID 4201 118 1 A We did do a use of force report. 2 Q Because he was injured? 3 A Because -- because he was Tasered is I think what 4 we did it for. 5 Q Well, he was Tasered and he's also -- 6 A He has an injury. But, again, the officers at the 7 scene would make that determination on how severe. 8 he's standing up; his eyes are open; looks like he's talking; 9 he looks alert; looks intoxicated. But, I mean, it's not 10 like he's in distress in that picture. 11 make that determination. 12 Q Right. 13 A Yes. 14 Q Okay. I mean, The officers would But he has an obvious head injury, right? Let's see. I'm going to represent to you 15 that this picture was taken, by the officers, of Miss 16 Mozolicova at the hospital, so this was after the incident. 17 A Uh-huh. 18 Q So obviously she apparently is bleeding from her 19 eye, right? 20 A Yes. 21 Q Isn't this the kind of injury that should also 22 initiate a use of force report when someone is just obviously 23 bleeding from their facial or head area? 24 25 A Is the question, was -- well, if use of force was used to initiate the injury, yes, but I don't -- we kind of Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 120 of 137 PageID 4202 119 1 2 went through that before. Q We went through it, and I guess I'm having a hard 3 time understanding where, you know, if someone has an obvious 4 injury and, you know, there's two officers there, two 5 officers in the room when she, you know, was arrested, what 6 investigation is done to determine whether there was force 7 done or not, other than the officer just deciding whether to 8 file a report? 9 A It's the officers that are on the scene make that 10 determination, putting it in the report. 11 other investigation other than if -- if they made 12 allegations. 13 the investigation right away. 14 like I said, there was obviously excessive drinking and 15 partying and she was resisting arrest. 16 number of different ways. 17 Q There's really no Like I said earlier, we would have initiated Okay. She has a head injury and, It could happen a Is there any mechanism when someone has a 18 head injury like this to, you know, take an extra step, Hey, 19 we need to see whether force was used here, no matter what 20 the officer says. 21 injuries? We need to see how did she get these 22 A No. 23 Q Is there any policy or practice like that? 24 A No. 25 If -- if the officers are at the scene and they are making -- saying that it happened another way, if Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 121 of 137 PageID 4203 120 1 your -- if she's not coming forward and saying, "I was hit or 2 struck by the officer," which I -- like I said a couple 3 times, that would have been a great -- we could have 4 initiated an investigation right away. 5 adamant about that, to come forward, file an internal affairs 6 investigation with us, Collier County Sheriff's, Florida 7 Department of Law Enforcement, somebody, and say we were 8 treated wrongly here, to initiate the investigation. 9 could have looked into these matters in a lot more detail. 10 But the officers on the scene, without that, are the ones 11 that make that determination. 12 Q If they were that We Well, how -- how are officers disciplined if they 13 don't -- you know, if you later find out, hey, there should 14 have been a use of force report here, how are they 15 disciplined and held accountable? 16 A In this instance? 17 Q Not in this instance, just in -- by policy. If you 18 find out that an officer didn't fill out a use of force 19 report when they should have, what is the policy for holding 20 that officer accountable? 21 A If an officer used force and did not report it 22 intentionally, it's -- he would be disciplined. Again, every 23 situation is different but it's -- it's substantial. 24 -- in this case, they did do a use of force report and they 25 did indicate her injuries. But in They obviously -- with that Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 122 of 137 PageID 4204 121 1 2 picture she's receiving medical attention and... Q Well, I understand that Officer O'Reilly did the 3 right thing and filled out a use of force report. 4 believe it's undisputed that Officer Bradshaw did not 5 complete a use of force report, right? 6 7 8 A But I also I didn't see any use of force report by Officer Bradshaw. Q And his actions are not addressed anywhere in 9 Officer O'Reilly's -- Officer Bradshaw's actions are not 10 addressed anywhere in Officer O'Reilly's report, right? 11 A Correct. Again, that's a question for Officer, 12 well, now Mister, Bradshaw on what his actions were involving 13 Monika. 14 felt was appropriate at that time or what took place in that 15 room; I wasn't there. 16 Q I think -- I don't know her last name. All right. Just what he But if Officer O'Reilly -- Officer 17 Bradshaw, rather, in the course of arresting Monika, her head 18 was hit on a window ledge or something else and she was 19 bleeding, that would be an incident where he should have 20 filled out a use of force report, right? 21 MR. HURCOMB: 22 MR. FOX: 23 A Form. Join. If he used force to do that, yes. But if while -- 24 while she was struggling and resisting arrest and hit her 25 head while resisting arrest the injury happened, that's Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 123 of 137 PageID 4205 122 1 another -- that's another situation. 2 question for Officer Bradshaw. 3 Q But, again, that's a Well, how about using force to remove somebody from 4 a bed and pin them down on the ground, on the floor of the 5 bedroom -- of the bedroom; is that a use of force? 6 7 A While they're resisting arrest, if -- it depends. I wasn't -- again, I wasn't there. 8 Q I'm asking about the policy, what the police did -- 9 A If you guide somebody down and -- and just handcuff 10 them, whatever, if you're struggling, if you're striking 11 somebody, using an arm bar, putting their arm behind their 12 back, yes, you would use -- do a use of force report if you 13 used force. 14 question for Officer Bradshaw. 15 Q But again, I wasn't there. Okay. I mean, that's a I'm just trying to figure out the policy. 16 If the policy is that you should have filled out a use of 17 force report and you didn't, you are suspended, you are -- 18 you know, receive training? 19 with officers that don't report their use of force? 20 A What's the policy for dealing If use of force takes place and the officer doesn't 21 report it, it would be -- like I said before, every case is 22 different. 23 be disciplined. It would depend on the level, like I said, 24 what took place. If it was a young officer, it was just, 25 "Oh, I didn't know I had to do it," he was new, remedial You would then -- it would be reviewed and he'd Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 124 of 137 PageID 4206 123 1 training. 2 doesn't do it, it's different levels. 3 specific incident, though, I can't make that determination. 4 Q Where an officer intentionally hurt somebody and Speaking of this How -- how is the message conveyed to officers that 5 they will be disciplined if they do not complete a use of 6 force report when they use force? 7 A The message of violation of policy and being, in 8 any regard -- I mean, everybody knows they're going to be 9 held accountable for their actions. Like I say, our 10 department, the culture within our police department and the 11 reputation of our police department is excellent; we don't 12 get a lot of complaints. 13 before, has a lot of internal affairs experience with that, 14 and everybody knows they're going to be held accountable in 15 general for their actions if they violate any -- any policy. 16 Q All right. And my background, like I said But, specifically, how are they 17 informed that if they don't report the use of force, they 18 will be disciplined? 19 A It's in the policy. They -- if the -- the policy 20 is there. 21 supposed to follow. 22 use of force policy and that you're supposed to abide by 23 that. 24 25 Q They understand there's a policy that they're That's how they're informed there's a Does it say that in the policy that if you don't abide by the use of force policy, you will be disciplined? Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 125 of 137 PageID 4207 124 1 A It does not say that, but it's implied; that's why 2 they're policies. 3 guidelines, and if you don't follow those guidelines you're 4 going to be disciplined. 5 Q The policies are there to give you the All right. And how are the officers informed what 6 force is, what the level of force is necessary to complete a 7 report? 8 9 A When we do our firearms training at the range every year, officers -- since the eight hours doesn't include full 10 time at the range shooting, some officers shoot, some 11 officers go and receive training for the use of force at that 12 time, the use of force continuum and our use of force policy 13 every year. 14 Q All right. But the use of force continuum 15 basically says this is how much force you can use in order 16 to, you know, arrest somebody for -- it's an escalating level 17 of force, right? 18 A Yes. 19 Q But that doesn't necessarily mean when -- when does 20 21 force become force that needs to be reported? A The policy indicates that you fill out -- if you 22 use force, you do the use of force report. Like I said 23 earlier, the use of force would be anything substantial. 24 you take somebody to the ground, put their arm behind their 25 back, those type of things, then you would do a use of force If Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 126 of 137 PageID 4208 125 1 2 3 report. Q Okay. And is that a written policy or is that a de facto verbal policy? 4 A It's a written policy. 5 Q So the written policy says if you use force, which 6 is defined as take somebody to the ground, injure somebody 7 during the arrest, whatever the factors are, you need to fill 8 out a use of force report? 9 MR. HURCOMB: 10 11 MR. FOX: A Form. Join. It doesn't indicate the, like you said, take 12 somebody to the ground. 13 out a use of force report. 14 Q Okay. If you're using force, then you fill Now, when you-all investigate murders, one 15 of the important pieces of evidence to find is the murder 16 weapon, right? 17 A I'm sorry? 18 Q When you -- when officers investigate a murder, 19 it's important to locate the murder weapon, right? 20 A Of course. 21 Q Now, in this case you told me you're certain that 22 Stepanovich kicked Officer O'Reilly in the face, right? 23 A Yes. 24 Q Why wasn't Stepanovich's foot photographed as part 25 of the criminal investigation? Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 127 of 137 PageID 4209 126 1 A I'm not sure if his foot -- again, I wasn't at the 2 scene, but I don't know if the officers would make a 3 determination that taking a picture of that foot would have 4 shown -- if it showed an injury to his foot or if one of 5 Officer's O'Reilly teeth was imbedded in his foot, maybe you 6 take a picture, but his foot is just a foot. 7 what that would do. 8 be enough to -- unless, like I say, unless that foot shows 9 something there, blood or whatever, I don't know why you 10 11 12 I don't know The officer's testimony would -- would would take a picture. Q Well, you're aware that neither officer actually saw Stepanovich kick O'Reilly, right? 13 A I'm sorry? 14 Q You're aware that neither officer actually saw 15 Stepanovich kick O'Reilly? 16 A 17 there. 18 Q I don't know what their testimony -- I wasn't But was there any investigation in this case to 19 determine, you know, whether there were any injuries or 20 bruises or anything on Stepanovich's foot to determine 21 whether he actually did kick these officers? 22 A I wasn't at the scene. 23 Q All right. I don't know. But shouldn't -- isn't it part of 24 policy that if you're going to investigate a crime scene and 25 photograph everything, you want a -- the mechanism of injury Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 128 of 137 PageID 4210 127 1 you want to photograph? 2 a detailed investigation, you should photograph the weapon, 3 for lack of a better term? 4 A Isn't that part of the policy to do You would take a picture, like I said, if it's 5 something that would provide additional evidence that it 6 would be beneficial, but if it's just a foot, those officers 7 made a determination that they didn't need to do that. 8 9 10 11 Like I said, if there's something substantial there that you could use that helps provide additional information for that charge, you would. Q So if the foot had a tooth mark in it, that would 12 be important to document; hey, there's a tooth mark, the 13 foot's bleeding? 14 A I would think so. 15 Q That would be important, right? 16 A Yes. 17 Q Or if the foot had a big bruise, that would be 18 important? 19 A Yes. 20 Q Wouldn't it be? 21 A Yes. 22 Q Do you have any information whether these officers 23 24 25 even looked at his foot to determine what it looked like? A You'd have speak to those officers. wasn't there. Like I said, I I just heard about this recently. I wasn't Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 129 of 137 PageID 4211 128 1 there that night. 2 Q But isn't it true that the policy and procedure to 3 do a thorough crime scene investigation, the foot should have 4 been, if not photographed, at least examined to see whether 5 there were any marks, injuries on the foot indicating that 6 that foot actually kicked an officer? 7 A I don't know. I mean, it's -- it's the officer's 8 testimony that they were there, that Mr. Stepanovich kicked 9 him. I mean, that's -- they were there, O'Reilly got kicked 10 in the face, and I don't know -- like I said, I don't know if 11 they examined his foot or not. 12 Q I wasn't there. But there's no policy that they should have 13 examined the mechanism -- no policy, procedure, practice that 14 you know of that requires the officers to examine the 15 mechanism or instrument to cause the injury? 16 A All I know is I'm sure Mr. O'Reilly's face was -- 17 he -- that was the evidence that he was -- that he was 18 kicked, that he received that kick to the face and his injury 19 to his face. 20 look at somebody's foot in a case like this. 21 Q Whether -- there's no policy that says we're to Okay. What is the policy of Naples Police 22 Department to ensure that -- to ensure there's no retaliation 23 for something like this, you know, where an individual is 24 alleged to have kicked an officer? 25 A That there's no retaliation? Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 130 of 137 PageID 4212 129 1 2 Q Well, the officers don't go into the community and make threats or, you know, attempt to intimidate people. 3 A In general or in this case? 4 Q Well, in a case like this, you know, where there's 5 an allegation that an individual kicked an officer in the 6 face. 7 place at Naples Police Department to ensure that other 8 officers do not attempt to intimidate or retaliate against 9 that individual in the community? What policy, procedure and practices are there in 10 A Is that what we're saying took place in this case? 11 Q I can't answer your question. 12 A I'm not sure what your question -- I'm not sure. Afterwards -- 13 Is there a policy against officers being -- we have policies 14 that officers will be professional and to -- and to not take 15 things personal -- I can't think of the word I'm looking for. 16 But to be professional. 17 don't -- we don't have a Do Not Retaliate Policy. 18 19 20 Q Okay. And -- but as far as retaliation, I So how -- so there's no -- there's no Do Not Retaliate Policy is what you're saying? A Yeah. I don't know why -- I mean, if there's -- 21 you're to remain professional, you're supposed to do your 22 job, you don't take things out of the scope of your -- of 23 your job and take it beyond whatever you're supposed to do to 24 accomplish your -- whatever your specific task is, but... 25 Q Okay. Are there any specific policies, practices Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 131 of 137 PageID 4213 130 1 or procedures that would prevent an officer from going and 2 talking to associates of someone like Mr. Stepanovich who's 3 alleged to have kicked an officer? 4 A To speak to them? 5 Q To let them know, don't help this guy, or anything 6 to that effect? 7 MR. FOX: Object to the form. 8 A I'm not sure what you're asking. 9 Q Basically there's an allegation on the record that 10 one of the officers went and talked to an associate of 11 Mr. Stepanovich and in effect told him not to help Aleks. 12 there any policy, procedure, or practice that prevents an 13 officer from doing that within the community? 14 A Is Like I say, there's just the -- the being 15 professional and keeping things within the guidelines of your 16 job. 17 investigation, then it would have been, you can't discuss an 18 ongoing internal affairs investigation, but that didn't -- 19 didn't take place. 20 professional. 21 Again, had this been reported as an internal affairs Q So, again it's just, like, being But because there was no internal affairs 22 investigation going on, officers were free to talk about this 23 case to the public? 24 A Yes. 25 Q Okay. Which could mean talking to Aleks's Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 132 of 137 PageID 4214 131 1 employer? 2 a public case? 3 4 5 6 They were free to do that, right, because this was A I would assume. Q They were -- they could talk to friends of Aleks's at. about the case? 7 A Yes. 8 Q Okay. 9 I don't know what you're getting And they were free to talk about anything that was in the police report, right, because that's -- that 10 was communicated to the public through the press release, 11 right? 12 talk about? 13 A So anything that's in there, they were free game to If it's not an ongoing investigation and they're 14 not revealing, like, Social Security numbers or anything, 15 like I said earlier, um, yeah. 16 Q All right. Do you have any information that any of 17 the officers actually did talk to anyone at Mr. Stepanovich's 18 employer? 19 A No. 20 Q Have you ever spoken to anyone at Sea Salt, or 21 where Monika and Aleks used to work, about this case? 22 A Have I ever spoken to anybody at Sea Salt? 23 Q About this case. 24 A About this case, no. 25 Q All right. So you've never spoken to one of the Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 133 of 137 PageID 4215 132 1 owners, Ingrid Aielli or Fabrizio Aielli? 2 A [Shaking head.] 3 Q There was -- are you aware there was a Bayfront 4 5 6 7 condo meeting where this incident was discussed? A I might have read that in one of the -- one of your questions in one of the depositions. Q All right. What is the policy about what a Naples 8 police officer can talk about when they go to one of these 9 board meetings or attend via phone? 10 11 12 A What's the policy we have for what people can say at a public meeting? Q Well, regarding this incident. I mean, was Officer 13 Davis free to just talk about everything in that press 14 release and arrest report, incident report? 15 A I'm sure that if -- if -- Officer Davis is the 16 community policing officer for that area; I'm sure he goes to 17 different meetings to talk about if there's a problem in the 18 neighborhood. 19 about a certain tenant or whatever at that building and they 20 ask a question about their safety and what took place or what 21 might take place in the future, yeah, he's -- if it's not 22 confidential information, he's at liberty to discuss it to 23 quell their -- their feelings, their perception that they're 24 safe in Bayfront. 25 Q And if members of Bayfront were concerned So there's no policy that would prevent him from Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 134 of 137 PageID 4216 133 1 discussing the case unless there was an internal 2 investigation going on, right? 3 A Correct. 4 Q And we already established there was no internal 5 6 7 8 9 affairs investigation in this case? A Yes. MR. NORMAN: All right. any more questions. MR. HURCOMB: I don't think I have It's been a long deposition. No questions. 10 MR. FOX: 11 MR. NORMAN: Thank you, Chief. 12 THE WITNESS: You're welcome. 13 14 15 16 17 18 19 20 21 22 23 24 25 No questions. We'll read. (Whereupon, the deposition was concluded at 1:38 p.m.) Case 2:14-cv-00270-PAM-MRM Document 154-5 Filed 05/18/16 Page 135 of 137 PageID 4217 134 1 2 ERRATA SHEET 3 STEPANOVICH, ET AL V CITY OF NAPLES, ET AL 4 Deposition of TOM WESCHLER taken on 10/30/15. 5 DO NOT WRITE ON TRANSCRIPT -- ENTER CHANGES HERE 6 CORRECTIONS 7 PAGE NO. 8 _____________________________________________________________ 9 _____________________________________________________________ 10 ____________________________________________________________ 11 _____________________________________________________________ 12 ____________________________________________________________ 13 _____________________________________________________________ 14 _____________________________________________________________ 15 _____________________________________________________________ 16 _____________________________________________________________ 17 _____________________________________________________________ 18 _____________________________________________________________ 19 _____________________________________________________________ 20 _____________________________________________________________ 21 Under the penalties of perjury I declare that I have read my 22 deposition and that it is true and correct subject 23 to any changes in form or substance entered here. 24 ____________________________________ 25 LINE NO. DESCRIPTION _______________ Case RM Document 154-5 Filed 05/18/16 Page 136 of 137 PageID 4218 135 2 'k 3 4 CERTIFICATE OF OATH 5 6 7 STATE OF FLORIDA 8 COUNTY OF COLLIER 9 10 I, Charisse Lynne Dinee, Court Reportex and 11 Notary Public, State of Florida at Large, certify that 12 TOM WESCHLER appeared before me and was duly sworn. 13 14 WITNESS my hand an? official seal in the State 15 of Florida, County of Collier, this day of November, 16 2015. 17 18 19 2O Charieea Lynne Dimes Notary Public 21 State of Florida at Large 22 Case RM Document 154-5 Filed 05/18/16 Page 137 of 137 PageID 4219 136 2 3 7% 3k? 2% 4 CERTIFICATE 5 STATE OF FLORIDA 6 COUNTY OF COLLIER 7 I, Charisse Lynne Dimes, Notary Public, State 8 of Florida at Large, do hereby cextify that, pursuant to 9 notice in the aboveutitled cause, the witness herein wee 10 examined and teetified as ie hereinabove ehown;and the 11 testimony of said wae reduced to print by meane of 12 computerwaesieted transcription undex my pereonal 13 eupervieion;and that the said deposition constitutes a true 14 record of the testimony given by the witness. 15 I further certify that the said deposition was taken 16 at the time and place Specified hereinabove and that I am 17 neither of couneel nor Solicitor to either party in said suit 18 nor interested in the event of the cause. 19 WITNESS my hand and official seal in the State of 20 Florida, County of Col ier, this ml?l? day of November 2015. 2 1 22 .- 23 Charisea Lynne Dimes, Notary Public 24 State of Florida at Large 25